HEALTH AND ECONOMIC RECOVERY OMNIBUS EMERGENCY SOLUTIONS ACT; Congressional Record Vol. 166, No. 92
(House of Representatives - May 15, 2020)

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[Pages H2042-H2253]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      HEALTH AND ECONOMIC RECOVERY OMNIBUS EMERGENCY SOLUTIONS ACT

  Mrs. LOWEY. Mr. Speaker, pursuant to House Resolution 967, I call up 
the bill (H.R. 6800) making emergency supplemental appropriations for 
the fiscal year ending September 30, 2020, and for other purposes, and 
ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Brown of Maryland). Pursuant to House 
Resolution 967, the amendment printed in House Report 116-421 is 
adopted, and the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 6800

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


 =========================== NOTE =========================== 

  
  May 15, 2020, on page H2042, the following appeared: The text of 
the bill, as amended, is as follows: Be it enacted by the Senate 
and House of Representatives of the United States of America in 
Congress assembled,
  
  The online version has been corrected to read: The text of the 
bill, as amended, is as follows: H.R. 6800 Be it enacted by the 
Senate and House of Representatives of the United States of 
America in Congress assembled,


 ========================= END NOTE ========================= 


     SECTION 1. SHORT TITLE.

       This Act may be cited as ``The Heroes Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

[[Page H2043]]

 DIVISION A--CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2020

                     DIVISION B--REVENUE PROVISIONS

Title I--Economic stimulus
Title II--Additional relief for workers
Title III--Net operating losses

                     DIVISION C--HEALTH PROVISIONS

Title I--Medicaid Provisions
Title II--Medicare Provisions
Title III--Private Insurance Provisions
Title IV--Application to Other Health Programs
Title V--Public Health Policies
Title VI--Public Health Assistance

                   DIVISION D--RETIREMENT PROVISIONS

Title I--Relief for Multiemployer Pension Plans
Title II--Relief for Single Employer Pension Plans
Title III--Other Retirement Related Provisions

         DIVISION E--CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS

  DIVISION F--ASSISTANCE TO AGRICULTURAL PRODUCERS AND OTHER MATTERS 
                        RELATING TO AGRICULTURE

Title I--Livestock
Title II--Dairy
Title III--Specialty Crops and Other Commodities
Title IV--Commodity Credit Corporation
Title V--Conservation
Title VI--Nutrition

          DIVISION G--ACCOUNTABILITY AND GOVERNMENT OPERATIONS

Title I--Accountability
Title II--Census Matters
Title III--Federal Workforce
Title IV--Federal Contracting Provisions
Title V--District of Columbia
Title VI--Other Matters

           DIVISION H--VETERANS AND SERVICEMEMBERS PROVISIONS

                 DIVISION I--SMALL BUSINESS PROVISIONS

    DIVISION J--SUPPORT FOR ESSENTIAL WORKERS, AT-RISK INDIVIDUALS, 
                       FAMILIES, AND COMMUNITIES

Title I--Family Care for Essential Workers
Title II--Pandemic Emergency Assistance and Services
Title III--Program flexibility during the pandemic

                     DIVISION K--COVID-19 HERO ACT

Title I--Providing Medical Equipment for First Responders and Essential 
              Workers
Title II--Protecting Renters and Homeowners from Evictions and 
              Foreclosures
Title III--Protecting People Experiencing Homelessness
Title IV--Suspending Negative Credit Reporting and Strengthening 
              Consumer and Investor Protections
Title V--Forgiving Student Loan Debt and Protecting Student Borrowers
Title VI--Standing Up For Small Businesses, Minority-Owned Businesses, 
              and Non-Profits
Title VII--Empowering Community Financial Institutions
Title VIII--Providing Assistance for State, Territory, Tribal, and 
              Local Governments
Title IX--Providing Oversight and Protecting Taxpayers

    DIVISION L--FAMILIES, WORKERS, AND COMMUNITY SUPPORT PROVISIONS

Title I--Amendments to Emergency Family and Medical Leave Expansion Act 
              and Emergency Paid Sick Leave Act
Title II--COVID-19 Workforce Development Response Activities
Title III--COVID-19 Every Worker Protection Act of 2020
Title IV--Community and Family Support
Title V--COVID-19 Protections under Longshore and Harbor Workers' 
              Compensation Act

   DIVISION M--CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS

Title I--COVID-19 Price Gouging Prevention
Title II--E-Rate Support for Wi-Fi Hotspots, Other Equipment, and 
              Connected Devices
Title III--Emergency Benefit for Broadband Service
Title IV--Continued Connectivity
Title V--Don't Break Up the T-Band
Title VI--National Suicide Hotline Designation
Title VII--COVID-19 Compassion and Martha Wright Prison Phone Justice
Title VIII--Healthcare Broadband Expansion During COVID-19

          DIVISION N--GIVING RETIREMENT OPTIONS TO WORKERS ACT

          DIVISION O--EDUCATION PROVISIONS AND OTHER PROGRAMS

Title I--Higher Education Provisions
Title II--Other Programs

                         DIVISION P--ACCESS ACT

                    DIVISION Q--COVID-19 HEROES FUND

Title I--Provisions relating to State, Local, Tribal, and Private 
              Sector Workers
Title II--Provisions relating to Federal employees and COVID-19
Title III--Coordination of benefits with other programs and laws

            DIVISION R--CHILD NUTRITION AND RELATED PROGRAMS

                       DIVISION S--OTHER MATTERS

Title I--Health Care Access for Urban Native Veterans Act
Title II--Tribal School Federal Insurance Parity
Title III--PRC for Native Veterans Act
Title IV--Wildlife-Borne Disease Prevention
Title V--Pandemic Relief for Aviation Workers and Passengers
Title VI--Amtrak and Rail Workers
Title VII--Energy and Environment Provisions
Title VIII--Death and disability benefits for public safety officers 
              impacted by COVID-19
Title IX--Victims of Crime Act Amendments
Title X--Jabara-Heyer NO HATE Act
Title XI--Prisons and Jails
Title XII--Immigration Matters
Title XIII--Coronavirus Relief Fund Amendments
Title XIV--Rural Digital Opportunity
Title XV--Foreign Affairs Provisions

                  DIVISION T--ADDITIONAL OTHER MATTERS

     SEC. 3. REFERENCES.

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

 DIVISION A--CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2020

        The following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2020, and for other 
     purposes, namely:

TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, 
                          AND RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                         AGRICULTURAL PROGRAMS

                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $2,500,000, to remain available until September 
     30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     the funding made available under this heading in this Act 
     shall be used for conducting audits and investigations of 
     projects and activities carried out with funds made available 
     to the Department of Agriculture to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                       RURAL DEVELOPMENT PROGRAMS

                         Rural Housing Service

                       rental assistance program

       For an additional amount for ``Rental Assistance Program'', 
     $309,000,000, to remain available until September 30, 2021, 
     to prevent, prepare for, and respond to coronavirus, for 
     temporary adjustment of wage income losses for residents of 
     housing financed or assisted under section 514, 515, or 516 
     of the Housing Act of 1949, without regard to any existing 
     eligibility requirements based on income: Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                         DOMESTIC FOOD PROGRAMS

                       Food and Nutrition Service

                        child nutrition programs

       For an additional amount for ``Child Nutrition Programs'', 
     $3,000,000,000 to remain available until September 30, 2021, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That the amount 
     provided under this heading is for the purposes of carrying 
     out section 180002 of the ``Child Nutrition and Related 
     Programs Recovery Act'':  Provided further, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

special supplemental nutrition program for women, infants, and children 
                                 (wic)

       For an additional amount for the ``Special Supplemental 
     Nutrition Program for Women, Infants, and Children'', 
     $1,100,000,000, to remain available until September 30, 2022: 
      Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                supplemental nutrition assistance program

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

                      commodity assistance program

       For an additional amount for ``Commodity Assistance 
     Program'', $150,000,000, to remain available through 
     September 30, 2021, for the emergency food assistance program 
     as authorized by section 27(a) of the Food and Nutrition Act 
     of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the 
     Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)):  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 10101.  For an additional amount for the Commonwealth 
     of the Northern Mariana Islands, $1,822,000, to remain 
     available until September 30, 2021, for nutrition assistance 
     to prevent, prepare for, and respond to coronavirus:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 10102. 
       Under the heading ``Commodity Assistance Program'' in the 
     Coronavirus Aid, Relief, and

[[Page H2044]]

     Economic Security Act (Public Law 116-136), strike ``to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally,'':  Provided, That the 
     amounts repurposed pursuant to the amendment made by this 
     section that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 10103.  For an additional amount for the program 
     established under section 7522 of the Food, Conservation, and 
     Energy Act of 2008 (7 U.S.C. 5936), to prevent, prepare for, 
     and respond to coronavirus, $20,000,000, to remain available 
     until September 30, 2021:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Sec. 10104.  Section 11004 of the Coronavirus Aid, Relief, 
     and Economic Security Act (Public Law 116-136) is amended by 
     inserting after the 4th proviso the following: ``Provided 
     further, That the condition set forth in section 9003(f) of 
     the Farm Security and Rural Investment Act of 2002 shall 
     apply with respect to all construction, alteration, or repair 
     work carried out, in whole or in part, with funds made 
     available by this section:'': Provided, That amounts 
     repurposed pursuant to the amendments made pursuant to this 
     section are designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

       TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census

                      current surveys and programs

                     (including transfer of funds)

       For an additional amount for ``Current Surveys and 
     Programs'', $10,000,000:  Provided, That such sums may be 
     transferred to the Bureau of the Census Working Capital Fund 
     for necessary expenses incurred as a result of the 
     coronavirus, including for payment of salaries and leave to 
     Bureau of the Census staff resulting from the suspension of 
     data collection for reimbursable surveys conducted for other 
     Federal agencies:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     periodic censuses and programs

       For an additional amount for ``Periodic Censuses and 
     Programs'', $400,000,000, to remain available until September 
     30, 2022, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

            National Oceanic and Atmospheric Administration

                   assistance to fishery participants

       Pursuant to section 12005 of the Coronavirus Aid, Relief, 
     and Economic Security Act of 2020 (Public Law 116-136), for 
     an additional amount for ``Assistance to Fishery 
     Participants'', $100,000,000, to remain available until 
     September 30, 2021, for necessary expenses to provide 
     assistance to Tribal, subsistence, commercial, and charter 
     fishery participants affected by the novel coronavirus 
     (COVID-19), which may include direct relief payments:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                        Departmental Management

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $1,000,000, to remain available until expended to 
     prevent, prepare for, and respond to coronavirus, including 
     the impact of coronavirus on the work of the Department of 
     Commerce and to carry out investigations and audits related 
     to the funding made available for the Department of Commerce 
     in this Act and in title II of division B of Public Law 116-
     136:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

            administrative provision--department of commerce

       Sec. 10201.  Notwithstanding any other provision of law, 
     the Federal share for grants provided by the Economic 
     Development Administration under Public Law 116-93, Public 
     Law 116-20, and Public Law 116-136 shall be 100 percent:  
     Provided, That the amounts repurposed in this section that 
     were previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                         DEPARTMENT OF JUSTICE

                         Federal Prison System

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $200,000,000, to remain available until September 30, 2021, 
     to prevent, prepare for, and respond to coronavirus, 
     including the impact of coronavirus on the work of the 
     Department of Justice, to include funding for medical testing 
     and services, personal protective equipment, hygiene supplies 
     and services, and sanitation services:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $3,000,000, to remain available until expended to 
     prevent, prepare for, and respond to coronavirus, including 
     the impact of coronavirus on the work of the Department of 
     Justice and to carry out investigations and audits related to 
     the funding made available for the Department of Justice in 
     this Act:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

       For an additional amount for ``Violence Against Women 
     Prevention and Prosecution Programs'', $100,000,000, to 
     remain available until expended, of which--
       (1) $30,000,000 is for grants to combat violence against 
     women, as authorized by part T of the Omnibus Crime Control 
     and Safe Streets Acts of 1968;
       (2) $15,000,000 is for transitional housing assistance 
     grants for victims of domestic violence, dating violence, 
     stalking, or sexual assault, as authorized by section 40299 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (Public Law 103-322; ``1994 Act'');
       (3) $15,000,000 is for sexual assault victims assistance, 
     as authorized by section 41601 of the 1994 Act;
       (4) $10,000,000 is for rural domestic violence and child 
     abuse enforcement assistance grants, as authorized by section 
     40295 of the 1994 Act;
       (5) $10,000,000 is for legal assistance for victims, as 
     authorized by section 1201 of the Victims of Trafficking and 
     Violence Protection Act of 2000 (Public Law 106-386; ``2000 
     Act'');
       (6) $4,000,000 is for grants to assist tribal governments 
     in exercising special domestic violence criminal 
     jurisdiction, as authorized by section 904 of the Violence 
     Against Women Reauthorization Act of 2013; and
       (7) $16,000,000 is for grants to support families in the 
     justice system, as authorized by section 1301 of the 2000 
     Act:
       Provided, That a recipient of such funds shall not be 
     subject, as a condition for receiving the funds, to any 
     otherwise-applicable requirement to provide or obtain other 
     Federal or non-Federal funds:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                       Office Of Justice Programs

               state and local law enforcement assistance

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $300,000,000, to remain available 
     until expended, for the same purposes and subject to the same 
     conditions as the appropriations for fiscal year 2020 under 
     this heading in title II of division B of Public Law 116-136, 
     including for the purchase of personal protective equipment, 
     and for costs related to preventing and controlling 
     coronavirus at correctional institutions:  Provided, That, 
     notwithstanding section 502(a)(1) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (34 U.S.C. 10153), funds 
     provided under this heading in both this Act and title II of 
     division B of Public Law 116-136 may be used to supplant 
     State or local funds:  Provided further, That a recipient of 
     funds made available under this heading in both this Act and 
     title II of division B of Public Law 116-136 shall not be 
     subject, as a condition for receiving the funds, to any 
     otherwise-applicable requirement to provide or obtain other 
     Federal or non-Federal funds:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $250,000,000, to remain available 
     until expended, for offender reentry programs and research, 
     as authorized by the Second Chance Act of 2007 (Public Law 
     110-199) and by the Second Chance Reauthorization Act of 2018 
     (Public Law 115-391), without regard to the time limitations 
     specified at section 6(1) of such Act, to prevent, prepare 
     for, and respond to coronavirus:  Provided, That, 
     notwithstanding any other provision of law, funds provided 
     under this heading may be used to supplant State or local 
     funds:  Provided further, That a recipient of funds made 
     available under this heading in this Act shall not be 
     subject, as a condition for receiving the funds, to any 
     otherwise-applicable requirement to provide or obtain other 
     Federal or non-Federal funds:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $600,000,000, to remain available 
     until expended, for grants, contracts, cooperative 
     agreements, and other assistance as authorized by the 
     Pandemic Justice Response Act (``the Act''):  Provided, That 
     $500,000,000 is to establish and implement policies and 
     procedures to prevent, detect, and stop the presence and 
     spread of COVID-19 among arrestees, detainees, inmates, 
     correctional facility staff, and visitors to the facilities; 
     and for pretrial citation and release grants, as authorized 
     by the Act:  Provided further, That $25,000,000 is for Rapid 
     COVID-19

[[Page H2045]]

     Testing, as authorized by the Act:  Provided further, That 
     $75,000,000 is for grants for Juvenile Specific Services, as 
     authorized by the Act:  Provided further, That a recipient of 
     funds made available under this heading in this Act shall not 
     be subject, as a condition for receiving the funds, to any 
     otherwise-applicable requirement to provide or obtain other 
     Federal or non-Federal funds:  Provided further, That funds 
     made available under this heading shall be made available 
     without any otherwise applicable requirement that a recipient 
     of such funds provide any other Federal funds, or any non-
     Federal funds, as a condition to receive the funds made 
     available under this heading:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                  Community Oriented Policing Services

             community oriented policing services programs

       For an additional amount for ``Community Oriented Policing 
     Services'', $300,000,000, to remain available until expended, 
     for grants under section 1701 of title I of the 1968 Omnibus 
     Crime Control and Safe Streets Act (34 U.S.C. 10381) for 
     hiring and rehiring of additional career law enforcement 
     officers under part Q of such title, notwithstanding 
     subsection (i) of such section, and including for the 
     purchase of personal protective equipment:  Provided, That, 
     notwithstanding section 1704 of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10384), funds provided 
     under this heading may be used to supplant State or local 
     funds and may be used to retain career law enforcement 
     officers:  Provided further, That a recipient of funds made 
     available under this heading in this Act shall not be 
     subject, as a condition for receiving the funds, to any 
     otherwise-applicable requirement to provide or obtain other 
     Federal or non-Federal funds:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                                SCIENCE

                      National Science Foundation

                    research and related activities

                     (including transfer of funds)

       For an additional amount for ``Research and Related 
     Activities'', $125,000,000, to remain available until 
     September 30, 2022, to prevent, prepare for, and respond to 
     coronavirus, including to fund research grants, of which 
     $1,000,000 shall be for a study on the spread of COVID-19 
     related disinformation:  Provided further, That, of the 
     amount appropriated under this heading in this Act, up to 2 
     percent of funds may be transferred to the ``Agency 
     Operations and Award Management'' account for management, 
     administration, and oversight of funds provided under this 
     heading in this Act:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                   administrative provision--science


                    study on covid-19 disinformation

       Sec. 10202.  (a) Study.--No later than 30 days after the 
     date of enactment of this Act, the Director of the National 
     Science Foundation shall enter into an arrangement with the 
     National Academies of Science, Engineering, and Medicine 
     (National Academies) to conduct a study on the current 
     understanding of the spread of COVID-19-related 
     disinformation on the internet and social media platforms. 
     The study shall address the following:
       (1) the role disinformation and misinformation has played 
     in the public response to COVID-19;
       (2) the sources of COVID-19-related disinformation--both 
     foreign and domestic--and the mechanisms by which that 
     disinformation influences the public debate;
       (3) the role social media plays in the dissemination and 
     promotion of COVID-19 disinformation and misinformation 
     content and the role social media platforms play in the 
     organization of groups seeking to spread COVID-19 
     disinformation;
       (4) the potential financial returns for creators or 
     distributors of COVID-19 disinformation, and the role such 
     financial incentives play in the propagation of COVID-19 
     disinformation;
       (5) potential strategies to mitigate the dissemination and 
     negative impacts of COVID-19 disinformation, including 
     specifically, the dissemination of disinformation on social 
     media, including through improved disclosures; and
       (6) an analysis of the limitations of these mitigation 
     strategies, and an analysis of how these strategies can be 
     implemented without infringing on Americans' Constitutional 
     rights and civil liberties.

                            RELATED AGENCIES

                       Legal Services Corporation

               payment to the legal services corporation

       For an additional amount for ``Payment to the Legal 
     Services Corporation'', $50,000,000, for the same purposes 
     and subject to the same conditions as the appropriations for 
     fiscal year 2020 under this heading in title II of division B 
     of Public Law 116-136:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

          TITLE III--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                      office of inspector general

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $35,000,000, to remain available until expended, to conduct 
     monitoring and oversight of the receipt, disbursement, and 
     use of funds made available under the ``Coronavirus State 
     Fiscal Relief Fund'' and the ``Coronavirus Local Fiscal 
     Relief Fund'' (collectively, ``Fiscal Relief Funds''):  
     Provided, That, if the Inspector General of the Department of 
     the Treasury determines that an entity receiving a payment 
     from amounts provided by the Fiscal Relief Funds has failed 
     to comply with the provisions governing the use of such 
     funding, the Inspector General shall transmit any relevant 
     information related to such determination to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate not later than 5 days after any such determination is 
     made:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

           treasury inspector general for tax administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $2,500,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                       homeowner assistance fund

       For activities and assistance authorized in section 110202 
     of the ``COVID-19 HERO Act'' , $75,000,000,000, to remain 
     available until expended:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                      Bureau of the Fiscal Service

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $78,650,000, to remain available until September 30, 2021, to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                  coronavirus state fiscal relief fund

       For making payments to States, territories, and Tribal 
     governments to mitigate the fiscal effects stemming from the 
     public health emergency with respect to the Coronavirus 
     Disease (COVID-19), $540,000,000,000 to remain available 
     until expended, which shall be in addition to any other 
     amounts available for making payments to States, territories, 
     and Tribal governments for any purpose (including payments 
     made under section 601 of the Social Security Act), of which:
       (1) $20,000,000,000 shall be for making payments to the 
     Commonwealth of Puerto Rico, United States Virgin Islands, 
     Guam, Commonwealth of the Northern Mariana Islands, and 
     American Samoa:  Provided, That of the amount made available 
     in this paragraph, half shall be allocated equally among each 
     entity specified in this paragraph, and half shall be 
     allocated as an additional amount to each such entity in an 
     amount which bears the same proportion to half of the total 
     amount provided under this paragraph as the relative 
     population of each such entity bears to the total population 
     of all such entities;
       (2) $20,000,000,000 shall be for making payments to Tribal 
     governments:  Provided, That payments of amounts made 
     available in this paragraph shall be made to each Tribal 
     Government in an amount determined by the Secretary of the 
     Treasury, in consultation with the Secretary of the Interior 
     and Indian Tribes, that is based on increased aggregate 
     expenditures of each such Tribal government (or a tribally-
     owned entity of such Tribal government) in fiscal year 2020 
     relative to aggregate expenditures in fiscal year 2019 by the 
     Tribal government (or tribally-owned entity) and determined 
     in such manner as the Secretary determines appropriate to 
     ensure that all amounts available pursuant to the preceding 
     proviso for fiscal year 2020 are distributed to Tribal 
     governments:
       (3) $250,000,000,000 shall be for making initial payments 
     to each of the 50 States and the District of Columbia, of 
     which--

       (A) $51,000,000,000 shall be allocated equally between each 
     of the 50 States and the District of Columbia;
       (B) $150,000,000,000 shall be allocated as an additional 
     amount to each such entity in an amount which bears the same 
     proportion to the total amount provided under this 
     subparagraph as the relative population of each such entity 
     bears to the total population of all such entities;
       (C) $49,000,000,000 shall be allocated as additional 
     amounts among each of the 50 States and the District of 
     Columbia in an amount which bears the same proportion to the 
     total amount provided under this subparagraph as the relative 
     prevalence of COVID-19 within each such entity bears to the 
     total prevalence of COVID-19 within all such entities:  
     Provided, That the relative prevalence of COVID-19 shall be 
     calculated using the most recent data on the number of 
     confirmed and probable cases as published on the Internet by 
     the Centers for Disease Control and Prevention for each 
     entity specified in the preceding proviso;

       (4) $250,000,000,000 shall be for making an additional 
     payment to each of the 50 States and the District of 
     Columbia, of which--
       (A) $51,000,000,000 shall be allocated equally between each 
     of the 50 States and the District of Columbia; and
       (B) $199,000,000,000 shall be allocated between each such 
     entity in an additional amount which

[[Page H2046]]

     bears the same proportion to the total amount provided under 
     this subparagraph as the average estimated number of 
     seasonally-adjusted unemployed individuals (as measured by 
     the Bureau of Labor Statistics Local Area Unemployment 
     Statistics program) in each such entity over the 3-month 
     period ending in March 2021 bears to the average estimated 
     number of seasonally-adjusted unemployed individuals in all 
     such entities over the same period.
       Provided further, That any entity receiving a payment from 
     funds made available under this heading in this Act shall 
     only use such amounts to respond to, mitigate, cover costs or 
     replace foregone revenues not projected on January 31, 2020 
     stemming from the public health emergency, or its negative 
     economic impacts, with respect to the Coronavirus Disease 
     (COVID-19):  Provided further, That if the Inspector General 
     of the Department of the Treasury determines that an entity 
     receiving a payment from amounts provided under this heading 
     has failed to comply with the preceding proviso, the amount 
     equal to the amount of funds used in violation of such 
     subsection shall be booked as a debt of such entity owed to 
     the Federal Government, and any amounts recovered under this 
     subsection shall be deposited into the general fund of the 
     Treasury as discretionary offsetting receipts:  Provided 
     further, That for purposes of the preceding provisos under 
     this heading in this Act, the population of each entity 
     described in any such proviso shall be determined based on 
     the most recent year for which data are available from the 
     Bureau of the Census, or in the case of an Indian tribe, 
     shall be determined based on data certified by the Tribal 
     government:  Provided further, That as used under this 
     heading in this Act, the terms ``Tribal government'' and 
     ``Indian Tribe'' have the same meanings as specified in 
     section 601(g) of the Social Security Act (42 U.S.C. 601(g)), 
     as added by section 5001 of the CARES Act (Public Law 116-
     136) and amended by section 191301 of division X of this Act, 
     and the term ``State'' means one of the 50 States:  Provided 
     further, That the Secretary of Treasury shall make all 
     payments required pursuant to paragraphs (1), (2), and (3) 
     not later than 30 days after the date of enactment of this 
     Act, and shall make all payments required pursuant to 
     paragraph (4) not later than May 3, 2021:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                  coronavirus local fiscal relief fund

       For making payments to metropolitan cities, counties, and 
     other units of general local government to mitigate the 
     fiscal effects stemming from the public health emergency with 
     respect to the Coronavirus Disease (COVID-19), 
     $375,000,000,000, to remain available until expended, which 
     shall be in addition to any other amounts available for 
     making payments to metropolitan cities, counties, and other 
     units of general local government (including payments made 
     under section 601 of the Social Security Act), of which--
       (1) $187,500,000,000 shall be for making payments to 
     metropolitan cities and other units of general local 
     government (as those terms are defined in section 102 of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5302)), of which--
       (A) $131,250,000,000 shall be allocated pursuant to the 
     formula under section 106(b)(1) of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5306(b)(1)) to 
     metropolitan cities (as defined in section 102(a)(4) of such 
     Act (42 U.S.C. 5302(a)(4)), including metropolitan cities 
     that have relinquished or deferred their status as a 
     metropolitan city as of the date of enactment of this Act:  
     Provided, That $87,500,000,000 of the funds provided under 
     this subparagraph shall be paid not later than 30 days after 
     the date of enactment of this Act:  Provided further, That 
     $43,750,000,000 of the funds provided under this subparagraph 
     shall be paid not earlier than April 15, 2021, but not later 
     than May 3, 2021; and
       (B) $56,250,000,000 shall be distributed to each State (as 
     that term is defined in section 102 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5302)) for use 
     by units of general local government, other than counties or 
     parishes, in nonentitlement areas (as defined in such section 
     102) of such States in an amount which bears the same 
     proportion to the total amount provided under this 
     subparagraph as the total population of such units of general 
     local government within the State bears to the total 
     population of all such units of general local government in 
     all such States:  Provided, That two-thirds of the funds 
     provided under this subparagraph and allocated to each such 
     unit of general local government shall be distributed to each 
     such unit of general local government not later than 30 days 
     after the date of enactment of this Act:  Provided further, 
     That the remainder of the funds provided under this 
     subparagraph and allocated to each such unit of general local 
     government shall be distributed to each such unit of general 
     local government not earlier than April 15, 2021, but not 
     later than May 3, 2021:  Provided further, That a State shall 
     pass-through the amounts received under this subparagraph, 
     within 30 days of receipt, to each such unit of general local 
     government in an amount that bears the same proportion to the 
     amount distributed to each such State as the population of 
     such unit of general local government bears to the total 
     population of all such units of general local government 
     within each such State:  Provided further, That if a State 
     has not elected to distribute amounts allocated under this 
     paragraph, the Secretary of the Treasury shall pay the 
     applicable amounts under this subparagraph to such units of 
     general local government in the State not later than 30 days 
     after the date on which the State would otherwise have 
     received the amounts from the Secretary; and
       (2) $187,500,000,000 shall be paid directly to counties 
     within the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, the Commonwealth of the Northern Mariana 
     Islands, and American Samoa in an amount which bears the same 
     proportion to the total amount provided under this paragraph 
     as the relative population of each such county bears to the 
     total population of all such entities:  Provided, That two-
     thirds of the funds provided under this paragraph and 
     allocated to each such county shall be distributed to each 
     such county not later than 30 days after the date of 
     enactment of this Act:  Provided further, That the remainder 
     of the amount allocated to each such county under this 
     paragraph shall be distributed to each such county not 
     earlier than April 15, 2021, but not later than May 3, 2021:  
     Provided further, That no county that is an ``urban county'' 
     (as defined in section 102 of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5302)) shall receive less 
     than the amount the county would otherwise receive if the 
     amount distributed under this paragraph were allocated to 
     metropolitan cities and urban counties under section 106(b) 
     of the Housing and Community Development Act of 1974 (42 
     U.S.C. 5306(b)):  Provided further, That in the case of an 
     amount to be paid to a county that is not a unit of general 
     local government, the amount shall instead be paid to the 
     State in which such county is located, and such State shall 
     distribute such amount to units of general local government 
     within such county in an amounts that bear the same 
     proportion as the population of such units of general local 
     government bear to the total population of such county: 
     Provided further, That for purposes of this paragraph, the 
     District of Columbia shall be considered to consist of a 
     single county that is a unit of general local government:
      Provided further, That if the Inspector General of the 
     Department of the Treasury determines that an entity 
     receiving a payment from amounts provided under this heading 
     has failed to comply with the preceding proviso, the amount 
     equal to the amount of funds used in violation of such 
     subsection shall be booked as a debt of such entity owed to 
     the Federal Government, and any amounts recovered under this 
     subsection shall be deposited into the general fund of the 
     Treasury as discretionary offsetting receipts:


 =========================== NOTE =========================== 

  
  May 15, 2020, on page H2046, the following appeared: of general 
local government bear to the total population of such county: 
Provided further, That for purposes of this paragraph, the 
District of Columbia shall be considered to consist of a single 
county that is a unit of general local government: Provided 
further, That if the Inspector General
  
  Line breaks in the online version have been corrected to read:of 
general local government bear to the total population of such 
county: Provided further, That for purposes of this paragraph, the 
District of Columbia shall be considered to consist of a single 
county that is a unit of general local government: Provided 
further, That if the Inspector General


 ========================= END NOTE ========================= 


    Provided further, That nothing in paragraph (1) or (2) shall be 
 construed as prohibiting a unit of general local government that has 
 formed a consolidated government, or that is geographically contained 
 (in full or in part) within the boundaries of another unit of general 
     local government from receiving a distribution under each of 
 subparagraphs (A) and (B) under paragraph (1) or under paragraph (2), 
  as applicable, based on the respective formulas specified contained 
 therein:  Provided further, That the amounts otherwise determined for 
 distribution to units of local government under each of subparagraphs 
 (A) and (B) under paragraph (1) and under paragraph (2) shall each be 
 adjusted by the Secretary of the Treasury on a pro rata basis to the 
    extent necessary to comply with the amount appropriated and the 
     requirements specified in each paragraph and subparagraph, as 
applicable:  Provided further, That as used under this heading in this 
 Act, the term ``county'' means a county, parish, or other equivalent 
  county division (as defined by the Bureau of the Census):  Provided 
further, That for purposes of the preceding provisos under this heading 
 in this Act, the population of an entity shall be determined based on 
 the most recent year for which data are available from the Bureau of 
   the Census:  Provided further, That such amount is designated by 
  Congress as being for an emergency requirement pursuant to section 
 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
 Act of 1985.Community Development Financial Institutions Fund Program 
                                Account

       For an additional amount for the ``Community Development 
     Financial Institutions Fund Program Account'', 
     $1,000,000,000, to remain available until September 30, 2021, 
     to prevent, prepare for, and respond to coronavirus:  
     Provided, That the Community Development Financial 
     Institutions Fund (CDFI) shall provide grants using a formula 
     that takes into account criteria such as certification 
     status, financial and compliance performance, portfolio and 
     balance sheet strength, and program capacity:  Provided 
     further, That not less than $25,000,000 shall be for 
     financial assistance, technical assistance, and training and 
     outreach programs designed to benefit Native American, Native 
     Hawaiian, and Alaska Native communities:  Provided further, 
     That the CDFI Fund shall make funds available under this 
     subsection within 60 days of the date of enactment of this 
     Act:  Provided further, That funds made available under this 
     heading may be used for administrative expenses, including 
     administration of CDFI Fund programs and the New Markets Tax 
     Credit Program:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

           administrative provision--internal revenue service

                     (including transfer of funds)

       Sec. 10301.  In addition to the amounts otherwise available 
     to the Internal Revenue Service in fiscal year 2020, 
     $520,000,000, to remain available until September 30, 2021, 
     shall be available to prevent, prepare for, and respond to 
     coronavirus, including for costs associated with the extended 
     filing season:  Provided, That such funds may be transferred 
     by the Commissioner to the ``Taxpayer Services'', 
     ``Enforcement'', or

[[Page H2047]]

     ``Operations Support'' accounts of the Internal Revenue 
     Service for an additional amount to be used solely to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided further, That the 
     Committees on Appropriations of the House of Representatives 
     and the Senate shall be notified in advance of any such 
     transfer:  Provided further, That such transfer authority is 
     in addition to any other transfer authority provided by law:  
     Provided further, That not later than 30 days after the date 
     of enactment of this Act, the Commissioner shall submit to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate a spending plan for such 
     funds:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                          INDEPENDENT AGENCIES

                     Election Assistance Commission

                       election resilience grants

                     (including transfer of funds)

       For an additional amount for payments by the Election 
     Assistance Commission to States for contingency planning, 
     preparation, and resilience of elections for Federal office, 
     $3,600,000,000, to remain available until September 30, 2021: 
      Provided, That of the amount provided under this heading, up 
     to $5,000,000 may be transferred to and merged with 
     ``Election Assistance Commission--Salaries and Expenses'':  
     Provided further, That under this heading the term ``State'' 
     means each of the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the United 
     States Virgin Islands, and the Commonwealth of the Northern 
     Mariana Islands:  Provided further, That the amount of the 
     payments made to a State under this heading shall be 
     consistent with section 103 of the Help America Vote Act of 
     2002 (52 U.S.C. 20903):  Provided further, That for the 
     purposes of the preceding proviso, each reference to 
     ``$5,000,000'' in such sections 101(d) and 103 shall be 
     deemed to refer to ``$7,500,000'':  Provided further, That 
     not later than 30 days after the date of enactment of this 
     Act, the Election Assistance Commission shall obligate the 
     funds to States under this heading in this Act:  Provided 
     further, That not less than 50 percent of the amount of the 
     payment made to a State under this heading in this Act shall 
     be allocated in cash or in kind to the units of local 
     government which are responsible for the administration of 
     elections for Federal office in the State:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

        administrative provision--election assistance commission

       Sec. 10302. (a) The last proviso under the heading 
     ``Election Assistance Commission--Election Security Grants'' 
     in the Financial Services and General Government 
     Appropriations Act, 2020 (division C of Public Law 116-93; 
     133 Stat. 2461) shall not apply with respect to any payment 
     made to a State using funds appropriated or otherwise made 
     available to the Election Assistance Commission under the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).
       (b) The first proviso under the heading ``Election 
     Assistance Commission--Election Security Grants'' in the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) is amended by striking ``within 20 days of each 
     election in the 2020 Federal election cycle in that State,'' 
     and inserting ``not later than October 30, 2021,''.
       (c) The fourth proviso under the heading ``Election 
     Assistance Commission--Election Security Grants'' in the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) is amended by striking ``December 31, 2020'' and 
     inserting ``September 30, 2021''.
       (d) Notwithstanding any requirement that a State 
     legislature appropriate and release any funds made available 
     under the Help America Vote Act of 2002, the chief election 
     official of each State shall have access to the funds made 
     available under the heading ``Election Assistance 
     Commission--Election Security Grants'' in this Act and in the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136) without any such action by the State 
     legislature.
       (e) A State may elect to reallocate funds allocated under 
     the heading ``Election Assistance Commission--Election 
     Security Grants'' in the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136) or under this 
     heading in this Act as funds allocated under the heading 
     ``Election Assistance Commission--Election Security Grants'' 
     in the Financial Services and General Government 
     Appropriations Act, 2020 (division C of Public Law 116-93; 
     133 Stat. 2461) that were spent to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, for 
     the 2020 Federal election cycle; or funds allocated under the 
     heading ``Election Assistance Commission--Election Reform 
     Program'' in the Financial Services and Government 
     Appropriations Act, 2018 (division E of Public Law 115-141) 
     that were spent to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, for the 2020 
     Federal election cycle.
       (f) This section shall take effect as if included in the 
     enactment of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136).
       (g) The amounts repurposed pursuant to this section that 
     were previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                   Federal Communications Commission

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $24,000,000, to remain available until September 30, 2021, 
     for implementing title VIII of the Communications Act of 1934 
     (47 U.S.C. 641 et seq.), as added by the Broadband DATA Act 
     (Public Law 116-130):  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                      emergency connectivity fund

       For an additional amount for the ``Emergency Connectivity 
     Fund'', $1,500,000,000, to remain available until September 
     30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, through the 
     provision of funding for Wi-fi hotspots, other equipment, 
     connected devices, and advanced telecommunications and 
     information services to schools and libraries as authorized 
     in section 130201:  Provided, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                 emergency broadband connectivity fund

       For an additional amount for the ``Emergency Broadband 
     Connectivity Fund'', $4,000,000,000, to remain available 
     until September 30, 2021, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     through the provision of an emergency benefit for broadband 
     service as authorized in section 130301:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                    General Services Administration

                     technology modernization fund

       For an additional amount for the ``Technology Modernization 
     Fund'', $1,000,000,000, to remain available until September 
     30, 2022, for technology-related modernization activities to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     Office of Personnel Management

                      office of inspector general

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $1,000,000, to remain available until expended to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                     Small Business Administration

                         emergency eidl grants

       For an additional amount for ``Emergency EIDL Grants'' for 
     the cost of emergency EIDL grants authorized by section 1110 
     of division A of the CARES Act (Public Law 116-136), 
     $10,000,000,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

        administrative provisions--small business administration

       Sec. 10303. (a) The third proviso under the heading ``Small 
     Business Administration--Business Loans Program Account'' in 
     the Financial Services and General Government Appropriations 
     Act, 2020 (division C of Public Law 116-93) is amended by 
     striking ``$30,000,000,000'' and inserting 
     ``$75,000,000,000''.
       (b) The sixth proviso under the heading ``Small Business 
     Administration--Business Loans Program Account'' in the 
     Financial Services and General Government Appropriations Act, 
     2020 (division C of Public Law 116-93) is amended by striking 
     ``$12,000,000,000'' and inserting ``$35,000,000,000''.

                      United States Postal Service

                     payment to postal service fund

       For an additional payment to the ``Postal Service Fund'', 
     for revenue forgone due to coronavirus, $25,000,000,000, to 
     remain available until September 30, 2022:  Provided, That 
     the Postal Service, during the coronavirus emergency, shall 
     prioritize the purchase of, and make available to all Postal 
     Service employees and facilities, personal protective 
     equipment, including gloves, masks, and sanitizers, and shall 
     conduct additional cleaning and sanitizing of Postal Service 
     facilities and delivery vehicles:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                      office of inspector general

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $15,000,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally:  Provided, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

[[Page H2048]]

  


                     general provisions--this title

       Sec. 10304. (a) Title V of division B of the CARES Act 
     (Public Law 116-136) is amended in the first proviso under 
     the heading ``Independent Agencies--Pandemic Response 
     Accountability Committee'' by inserting ``or any other Act 
     (including Acts other than appropriations Acts)'' after 
     ``provided in this Act''.
       (b) Amounts repurposed under this section that were 
     previously designated by the Congress, respectively, as an 
     emergency requirement or as being for disaster relief 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act are designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 or 
     as being for disaster relief pursuant to section 251(b)(2)(D) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 10305.  Title V of division B of the CARES Act (Public 
     Law 116-136) is amended by striking the fifth proviso under 
     the heading ``General Services Administration--Real Property 
     Activities--Federal Buildings Fund'':  Provided, That the 
     amounts repurposed pursuant to this section that were 
     previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 10306.  For an additional amount for ``Department of 
     the Treasury--Departmental Offices--Coronavirus Relief 
     Fund'', an amount equal to--
       (1) $1,250,000,000; less
       (2) the amount allocated for the District of Columbia 
     pursuant to section 601(c)(6) of the Social Security Act:
       Provided, That such amounts shall only be available for 
     making a payment to the District of Columbia, and shall be in 
     addition to any other funds available for such purpose:  
     Provided further, That the Secretary of the Treasury shall 
     pay all amounts provided by this section directly to the 
     District of Columbia not less than 5 days after the date of 
     enactment of this Act:  Provided further, That the District 
     of Columbia shall use such amounts only to cover costs or 
     replace foregone revenues stemming from the public health 
     emergency with respect to the Coronavirus Disease (COVID-19): 
      Provided further, That such amount is designated by Congress 
     as being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                      TITLE IV--HOMELAND SECURITY

                    DEPARTMENT OF HOMELAND SECURITY

                      OFFICE OF INSPECTOR GENERAL

                         operations and support

       For an additional amount for ``Operations and Support'', 
     $3,000,000, to remain available until September 30, 2022, for 
     oversight of activities of the Department of Homeland 
     Security funded in this Act and in title VI of division B of 
     Public Law 116-136 to prevent, prepare for, and respond to 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                  Federal Emergency Management Agency

                           federal assistance

       For an additional amount for ``Federal Assistance'', 
     $1,300,000,000, to remain available until September 30, 2021, 
     to prevent, prepare for, and respond to coronavirus, of which 
     $500,000,000 shall be for Assistance to Firefighter Grants 
     for the purchase of personal protective equipment and related 
     supplies, mental health evaluations, training, and temporary 
     infectious disease de-contamination or sanitizing facilities 
     and equipment; of which $500,000,000 shall be for Staffing 
     for Adequate Fire and Emergency Response Grants; of which 
     $100,000,000 shall be for Emergency Management Performance 
     Grants; and of which $200,000,000 shall be for the Emergency 
     Food and Shelter Program:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     General Provisions--This Title

       Sec. 10401.  Notwithstanding any other provision of law, 
     funds made available under ``Federal Emergency Management 
     Agency--Federal Assistance'' shall only be used for the 
     purposes specifically described under that heading.
       Sec. 10402. (a) Subsections (c)(2), (f), (g)(1), (h)(1)-
     (4), (h)(6), and (k) of section 33 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229) shall not 
     apply to amounts appropriated for ``Federal Emergency 
     Management Agency - Federal Assistance'' for Assistance to 
     Firefighter Grants in this Act.
       (b) Subsection (k) of section 33 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229) shall not 
     apply to Amounts provided for ``Federal Emergency Management 
     Agency-Federal Assistance'' for Assistance to Firefighter 
     Grants in title III of division D of Public Law 116-93 and in 
     title VI of division B of Public Law 116-136.
       (c) Amounts repurposed under this section that were 
     previously designated by the Congress, respectively, as an 
     emergency requirement or as being for disaster relief 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act are designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 or 
     as being for disaster relief pursuant to section 251(b)(2)(D) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 10403.  Subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), 
     (a)(1)(G), (c)(1), (c)(2), and (c)(4) of section 34 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229a) shall not apply to amounts appropriated for ``Federal 
     Emergency Management Agency - Federal Assistance'' for 
     Staffing for Adequate Fire and Emergency Response Grants in 
     this Act and in division D, title III of the Consolidated 
     Appropriations Act, 2020 (Public Law 116-93).

          TITLE V--INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                          resource management

       For an additional amount for ``Resource Management'', 
     $21,000,000, to remain available until expended for research; 
     listing injurious species; electronic permitting system 
     development; operation and maintenance; law enforcement 
     interdiction and inspections; and other support activities, 
     as described in sections 190402, 190403, and 190404 of 
     division S of this Act:  Provided, That amounts may be 
     transferred to ``Surveys, Investigations and Research'' in 
     the United States Geological Survey; ``National Oceanic and 
     Atmospheric Administration'' in the Department of Commerce; 
     and the ``Center for Disease Control'' in the Department of 
     Health and Human Services:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                    state and tribal wildlife grants

       For an additional amount for ``State and Tribal Wildlife 
     Grants'', $50,000,000, to remain available until expended, 
     for a onetime grant program, as described in section 190405 
     of division S of this Act:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                    UNITED STATES GEOLOGICAL SURVEY

                 surveys, investigations, and research

       For an additional amount for ``Surveys, Investigations, and 
     Research'', $40,000,000, to remain available until September 
     30, 2021, for technical assistance, biosurveillance of 
     wildlife and environmental persistence studies and related 
     research, database development, and accompanying activities 
     as described in section 190404 of division S of this Act:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                        Bureau of Indian Affairs

                      operation of indian programs

       For an additional amount for ``Operation of Indian 
     Programs'', $900,000,000, to remain available until September 
     30, 2021, to prevent, prepare for, and respond to 
     coronavirus, of which--
       (1) $100,000,000 shall be for housing improvement;
       (2) $780,000,000 shall be for providing Tribal government 
     services, for Tribal government employee salaries to maintain 
     operations, and cleaning and sanitization of Tribally owned 
     and operated facilities; and
       (3) $20,000,000 shall be used to provide and deliver 
     potable water; and,
       Provided, That none of the funds appropriated herein shall 
     be obligated until 3 days after the Bureau of Indian Affairs 
     provides a detailed spend plan, which includes distribution 
     and use of funds by Tribe, to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided further, That the Bureau shall notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate quarterly on the obligations and expenditures 
     of the funds provided by this Act:  Provided further, That 
     assistance received herein shall not be included in the 
     calculation of funds received by those Tribal governments who 
     participate in the ``Small and Needy'' program:  Provided 
     further, That such amounts, if transferred to Indian Tribes 
     and Tribal organizations under the Indian Self-Determination 
     and Education Assistance Act (1) will be transferred on a 
     one-time basis, (2) are non-recurring funds that are not part 
     of the amount required by 25 U.S.C. 5325, and (3) may only be 
     used for the purposes identified under this heading in this 
     Act, notwithstanding any other provision of law:  Provided 
     further, That section 11008 of this Act shall not apply to 
     tribal contracts entered into by the Bureau of Indian Affairs 
     with this appropriation:  Provided further, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

       For an additional amount for ``Assistance to Territories'', 
     $1,000,000,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus, of which 
     (1) $945,000,000 is for Capital Improvement Project grants 
     for hospitals and other critical infrastructure; and (2) 
     $55,000,000 is for territorial assistance, including general 
     technical assistance:  Provided, That any appropriation for 
     disaster assistance under this heading in this Act or 
     previous appropriations Acts may be used as non-Federal 
     matching funds for the purpose of hazard mitigation grants 
     provided pursuant to section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c):  Provided further, That amounts repurposed pursuant 
     to this section that were previously designated by the 
     Congress as an emergency requirement pursuant to the Balanced 
     Budget and

[[Page H2049]]

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

                      Office of Inspector General

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' , 
     $5,000,000, to remain available until expended:  Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                    Environmental Protection Agency

                 environmental programs and management

       For an additional amount for ``Environmental Programs and 
     Management'', $50,000,000, to remain available until 
     September 30, 2021, for environmental justice grants as 
     described in section 190702 of division S of this Act: 
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

                     (including transfer of funds)

       For an additional amount for ``Indian Health Services'', 
     $2,100,000,000, to remain available until expended, to 
     prevent, prepare for, respond to, and provide health services 
     related to coronavirus, of which--
       (1) $1,000,000,000 shall be used to supplement reduced 
     third party revenue collections;
       (2) $500,000,000 shall be used for direct health and 
     telehealth services, including to purchase supplies and 
     personal protective equipment;
       (3) $140,000,000 shall be used to expand broadband 
     infrastructure and information technology for telehealth and 
     electronic health record system purposes;
       (4) $20,000,000 shall be used to address the needs of 
     domestic violence victims and homeless individuals and 
     families;
       (5) not less than $64,000,000 shall be for Urban Indian 
     Organizations; and,
       (6) not less than $10,000,000 shall be used to provide and 
     deliver potable water:
       Provided, That such funds shall be allocated at the 
     discretion of the Director of the Indian Health Service:  
     Provided further, That of the funds provided herein, not less 
     than $366,000,000 shall be transferred to and merged with 
     ``Indian Health Service--Indian Health Facilities'' at the 
     discretion of the Director to modify existing health 
     facilities to provide isolation or quarantine space, to 
     purchase and install updated equipment necessary, and for 
     maintenance and improvement projects necessary to the 
     purposes specified in this Act:  Provided further, That such 
     amounts may be used to supplement amounts otherwise available 
     for such purposes under ``Indian Health Facilities'':  
     Provided further, That such amounts, if transferred to Tribes 
     and Tribal organizations under the Indian Self-Determination 
     and Education Assistance Act, will be transferred on a one-
     time basis and that these non-recurring funds are not part of 
     the amount required by section 106 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5325), 
     and that such amounts may only be used for the purposes 
     identified under this heading notwithstanding any other 
     provision of law:  Provided further, That none of the funds 
     appropriated under this heading in this Act for telehealth 
     broadband activities shall be available for obligation until 
     3 days after the Indian Health Service provides to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, a detailed spend plan that includes the cost, 
     location, and expected completion date of each activity:  
     Provided further, That the Indian Health Service shall notify 
     the Committees on Appropriations of the House of 
     Representatives and the Senate quarterly on the obligations 
     and expenditures of the funds provided by this Act:  Provided 
     further, That section 11008 of this Act shall not apply to 
     tribal contracts entered into by the Bureau of Indian Affairs 
     with this appropriation:  Provided further, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

             National Foundation on the Arts and Humanities

                    National Endowment for the Arts

                       grants and administration

       For an additional amount for ``Grants and Administration'', 
     $10,000,000 to remain available until September 30, 2021, for 
     grants to respond to the impacts of coronavirus:  Provided, 
     That such funds are available under the same terms and 
     conditions as grant funding appropriated to this heading in 
     Public Law 116-94:  Provided further, That 40 percent of such 
     funds shall be distributed to State arts agencies and 
     regional arts organizations and 60 percent of such funds 
     shall be for direct grants:  Provided further, That 
     notwithstanding any other provision of law, such funds may 
     also be used by the recipients of such grants for purposes of 
     the general operations of such recipients:  Provided further, 
     That the matching requirements under subsections (e), 
     (g)(4)(A), and (p)(3) of section 5 of the National Foundation 
     on the Arts and Humanities Act of 1965 (20 U.S.C. 954) may be 
     waived with respect to such grants:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                 National Endowment for the Humanities

                       grants and administration

       For an additional amount for ``Grants and Administration'', 
     $10,000,000 to remain available until September 30, 2021, for 
     grants to respond to the impacts of coronavirus:  Provided, 
     That such funds are available under the same terms and 
     conditions as grant funding appropriated to this heading in 
     Public Law 116-94:  Provided further, That 40 percent of such 
     funds shall be distributed to state humanities councils and 
     60 percent of such funds shall be for direct grants:  
     Provided further, That notwithstanding any other provision of 
     law, such funds may also be used by the recipients of such 
     grants for purposes of the general operations of such 
     recipients:  Provided further, That the matching requirements 
     under subsection (h)(2)(A) of section 7 of the National 
     Foundation on the Arts and Humanities Act of 1965 may be 
     waived with respect to such grants:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

    TITLE VI--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
                    EDUCATION, AND RELATED AGENCIES

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

       For an additional amount for ``Training and Employment 
     Services'', $2,040,000,000, to prevent, prepare for, and 
     respond to coronavirus, of which $15,000,000 shall be 
     transferred to ``Program Administration'', to remain 
     available until September 30, 2021, to carry out activities 
     in this Act, Public Law 116-127 and Public Law 116-136 for 
     full-time equivalent employees, information technology 
     upgrades needed to expedite payments and support 
     implementation, including to expedite policy guidance and 
     disbursement of funds, technical assistance and other 
     assistance to States and territories to speed payment of 
     Federal and State unemployment benefits, and of which the 
     remaining amounts shall be used to carry out activities under 
     the Workforce Innovation and Opportunity Act (referred to in 
     this Act as ``WIOA'') as follows:
       (1) $485,000,000 for grants to the States for adult 
     employment and training activities, including incumbent 
     worker trainings, transitional jobs, on-the-job training, 
     individualized career services, supportive services, needs-
     related payments, and to facilitate remote access to training 
     services provided through a one-stop delivery system through 
     the use of technology, to remain available until June 30, 
     2021:  Provided, That an adult shall not be required to meet 
     the requirements of section 134(c)(3)(B) of the WIOA:  
     Provided further, That an adult who meets the requirements 
     described in section 2102(a)(3)(A) of Public Law 116-136 may 
     be eligible for participation:  Provided further, That 
     priority may be given to individuals who are adversely 
     impacted by economic changes due to the coronavirus, 
     including individuals seeking employment, dislocated workers, 
     individuals with barriers to employment, individuals who are 
     unemployed, or individuals who are underemployed;
       (2) $518,000,000 for grants to the States for youth 
     activities, including supportive services, summer employment 
     for youth, and to facilitate remote access to training 
     services provided through a one-stop delivery system through 
     the use of technology, to remain available until June 30, 
     2021:  Provided, That individuals described in section 
     2102(a)(3)(A) of Public Law 116-136 may be eligible for 
     participation as an out-of-school youth if they meet the 
     requirements of clauses (i) and (ii) of section 129(a)(1)(B) 
     or as in-school youth if they meet the requirements of 
     clauses (i) and (iii) of section 129(a)(1)(C) of the WIOA;  
     Provided further, That priority shall be given for out-of-
     school youth and youth with multiple barriers to employment:  
     Provided further, That funds shall support employer 
     partnerships for youth employment and subsidized employment, 
     and partnerships with community-based organizations to 
     support such employment;
       (3) $597,000,000 for grants to States for dislocated worker 
     employment and training activities, including incumbent 
     worker trainings, transitional jobs, on-the-job training, 
     individualized career services, supportive services, needs-
     related payments, and to facilitate remote access to training 
     services provided through a one-stop delivery system through 
     the use of technology, to remain available until June 30, 
     2021:  Provided, That a dislocated worker shall not be 
     required to meet the requirements of section 134(c)(3)(B) of 
     the WIOA:  Provided further, That a dislocated worker who 
     meets the requirements described in section 2102(a)(3)(A) of 
     Public Law 116-136 may be eligible for participation;
       (4) $400,000,000 for the dislocated workers assistance 
     national reserve to remain available until September 30, 
     2023; and
       (5) $25,000,000 for migrant and seasonal farmworker 
     programs under section 167 of the WIOA, including emergency 
     supportive services, to remain available until June 30, 2021, 
     of which no less than $500,000 shall be for the collection 
     and dissemination of electronic and printed materials related 
     to coronavirus to the migrant and seasonal farmworker 
     population nationwide, including Puerto Rico, through a 
     cooperative agreement;
       Provided, That the impact of the COVID-19 national 
     emergency may be considered as an additional factor for 
     reimbursement for on-the-job training under section 
     134(c)(3)(H) of the WIOA and as a factor in determining an 
     employer's portion of the costs of providing customized

[[Page H2050]]

     training under section 3(14) of the WIOA:  Provided further, 
     That notwithstanding section 134(d)(5) of the WIOA, a local 
     board may use 40 percent of funds received under paragraphs 
     (1) and (3) for transitional jobs:  Provided further, That 
     notwithstanding section 194(10) of the WIOA, that funds used 
     to support transitional jobs may also be used to support 
     public service employment:  Provided further, That sections 
     127(b)(1)(C)(iv)(III), 132(b)(1)(B)(iv)(III), and 
     132(b)(2)(B)(iii)(II) shall not apply to funds appropriated 
     under this heading:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                         Wage and Hour Division

                         salaries and expenses

       For an additional amount for ``Wage and Hour Division'', 
     $6,500,000, to remain available until September 30, 2021, to 
     prevent, prepare for, and respond to coronavirus, including 
     for the administration, oversight, and coordination of worker 
     protection activities related thereto:  Provided, That the 
     Secretary of Labor shall use funds provided under this 
     heading to support enforcement activities and outreach 
     efforts to make individuals, particularly low-wage workers, 
     aware of their rights under division C and division E of 
     Public Law 116-127:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

             Occupational Safety and Health Administration

                         salaries and expenses

       For an additional amount for ``Occupational Safety and 
     Health Administration'', $100,000,000, to remain available 
     until September 30, 2021, for implementation of section 
     120302 of The Heroes Act and for worker protection and 
     enforcement activities to prevent, prepare for, and respond 
     to coronavirus, of which $25,000,000 shall be for Susan 
     Harwood training grants and at least $70,000,000 shall be to 
     hire additional compliance safety and health officers, and 
     for state plan enforcement, to protect workers from 
     coronavirus by enforcing all applicable standards and 
     directives, including 29 CFR 1910.132, 29 CFR 1910.134, 
     section 5(a)(1) of the Occupational Safety and Health Act of 
     1970, and 29 CFR 1910.1030:  Provided, That activities to 
     protect workers from coronavirus supported by funds provided 
     under this heading includes additional enforcement of 
     standards and directives referenced in the preceding proviso 
     at slaughterhouses, poultry processing plants, and 
     agricultural workplaces:  Provided further, That within 15 
     days of the date of enactment of this Act, the Secretary of 
     Labor shall submit a spending and hiring plan for the funds 
     made available under this heading, and a monthly staffing 
     report until all funds are expended, to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided further, That within 15 days of the date of 
     enactment of this Act, the Secretary of Labor shall submit a 
     plan for the additional enforcement activities described in 
     the third proviso to the Committees on Appropriations of the 
     House of Representatives and the Senate:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $5,000,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus.  Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

             administrative provision--department of labor

       Sec. 10601.  There is hereby appropriated for fiscal year 
     2021 for ``Department of Labor--Employment Training 
     Administration--State Unemployment Insurance and Employment 
     Service Operations'', $28,600,000, to be expended from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund (``the Trust Fund'') to carry out 
     title III of the Social Security Act:  Provided, That such 
     amount shall only become available for obligation if the 
     Average Weekly Insured Unemployment (``AWIU'') for fiscal 
     year 2021 is projected, by the Department of Labor during 
     fiscal year 2021 to exceed 1,728,000:  Provided further, That 
     to the extent that the AWIU for fiscal year 2021 is projected 
     by the Department of Labor to exceed 1,728,000, an additional 
     $28,600,000 from the Trust Fund shall be made available for 
     obligation during fiscal year 2021 for every 100,000 increase 
     in the AWIU level (including a pro rata amount for any 
     increment less than 100,000):  Provided further, That, except 
     as specified in this section, amounts provided herein shall 
     be available under the same authority and conditions 
     applicable to funds provided to carry out title III of the 
     Social Security Act under the heading ``Department of Labor--
     Employment Training Administration--State Unemployment 
     Insurance and Employment Service Operations'' in division A 
     of Public Law 116-94:  Provided further, That such amounts 
     shall be in addition to any other funds made available in any 
     fiscal year for such purposes:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

       For an additional amount for ``Primary Health Care'', 
     $7,600,000,000, to remain available until September 30, 2025, 
     for necessary expenses to prevent, prepare for, and respond 
     to coronavirus, for grants and cooperative agreements under 
     the Health Centers Program, as defined by section 330 of the 
     Public Health Service Act, and for grants to Federally 
     qualified health centers, as defined in section 
     1861(aa)(4)(B) of the Social Security Act, and for eligible 
     entities under the Native Hawaiian Health Care Improvement 
     Act, including maintenance or expansion of health center and 
     system capacity and staffing levels:  Provided, That sections 
     330(r)(2)(B), 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) shall 
     not apply to funds provided under this heading in this Act:  
     Provided further, That funds provided under this heading in 
     this Act may be used to (1) purchase equipment and supplies 
     to conduct mobile testing for SARS-CoV-2 or COVID-19; (2) 
     purchase and maintain mobile vehicles and equipment to 
     conduct such testing; and (3) hire and train laboratory 
     personnel and other staff to conduct such mobile testing:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                      ryan white hiv/aids program

       For an additional amount for ``Ryan White HIV/AIDS 
     Program'', $10,000,000, to remain available until September 
     30, 2022, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That awards from funds provided under 
     this heading in this Act shall be through modifications to 
     existing contracts and supplements to existing grants and 
     cooperative agreements under parts A, B, C, D, F, and section 
     2692(a) of title XXVI of the Public Health Service Act:  
     Provided further, That such supplements shall be awarded 
     using a data-driven methodology determined by the Secretary 
     of Health and Human Services:  Provided further, That 
     sections 2604(c), 2612(b), and 2651(c) of the Public Health 
     Service Act shall not apply to funds provided under this 
     heading in this Act:  Provided further, That the Secretary 
     may waive any penalties and administrative requirements as 
     necessary to ensure that the funds may be used efficiently:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

       For an additional amount for ``CDC-Wide Activities and 
     Program Support'', $2,130,000,000, to remain available until 
     September 30, 2024, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     of the amount provided under this heading in this Act, 
     $1,000,000,000 shall be for Public Health Emergency 
     Preparedness cooperative agreements under section 319C-1 of 
     the Public Health Service Act:  Provided further, That, of 
     the amount provided under this heading in this Act, 
     $1,000,000,000 shall be for necessary expenses for grants for 
     core public health infrastructure for State, local, 
     Territorial, or Tribal health departments as described in 
     section 30550 of division C of this Act:  Provided further, 
     That of the amount made available under this heading in this 
     Act for specified programs, not less than $100,000,000 shall 
     be allocated to tribes, tribal organizations, urban Indian 
     health organizations, or health service providers to tribes:  
     Provided further, That of the amount provided under this 
     heading in this Act, $130,000,000 shall be for public health 
     data surveillance and analytics infrastructure modernization: 
      Provided further, That funds appropriated under this heading 
     in this Act for grants may be used for the rent, lease, 
     purchase, acquisition, construction, alteration, or 
     renovation of non-Federally owned facilities to improve 
     preparedness and response capability at the State and local 
     level:  Provided further, That all construction, alteration, 
     or renovation work, carried out, in whole or in part, with 
     funds appropriated under this heading in this Act, or under 
     this heading in the CARES ACT (P.L. 116-136), shall be 
     subject to the requirements of section 1621(b)(1)(I) of the 
     Public Health Service Act (42 U.S.C. 300s-1(b)(1)(I)):  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     National Institutes of Health

         national institute of allergy and infectious diseases

       For an additional amount for ``National Institute of 
     Allergy and Infectious Diseases'', $500,000,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                  national institute of mental health

       For an additional amount for ``National Institute of Mental 
     Health'', $200,000,000, to remain available until September 
     30, 2024, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                         office of the director

                     (including transfer of funds)

       For an additional amount for ``Office of the Director'', 
     $4,021,000,000, to remain available

[[Page H2051]]

     until September 30, 2024, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally:  
     Provided. That not less than $3,000,000,000 of the amount 
     provided under this heading in this Act shall be for 
     offsetting the costs related to reductions in lab 
     productivity resulting from the coronavirus pandemic or 
     public health measures related to the coronavirus pandemic:  
     Provided further, That up to $1,021,000,000 of the amount 
     provided under this heading in this Act shall be to support 
     additional scientific research or the programs and platforms 
     that support research:  Provided further, That funds made 
     available under this heading in this Act may be transferred 
     to the accounts of the Institutes and Centers of the National 
     Institutes of Health (``NIH''):  Provided further, That this 
     transfer authority is in addition to any other transfer 
     authority available to the NIH:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

       Substance Abuse and Mental Health Services Administration

                health surveillance and program support

       For an additional amount for ``Health Surveillance and 
     Program Support'', $3,000,000,000, to remain available until 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That of the funds made available 
     under this heading in this Act, $1,500,000,000 shall be for 
     grants for the substance abuse prevention and treatment block 
     grant program under subpart II of part B of title XIX of the 
     Public Health Service Act (``PHS Act''):  Provided further, 
     That of the funds made available under this heading in this 
     Act, $1,000,000,000 shall be for grants for the community 
     mental health services block grant program under subpart I of 
     part B of title XIX of the PHS Act:  Provided further, That 
     of the funds made available under this heading in this Act, 
     $100,000,000 shall be for services to the homeless 
     population:  Provided further, That of the funds made 
     available under this heading in this Act, $100,000,000 shall 
     be for activities and services under Project AWARE:  Provided 
     further, That of the funds made available under this heading 
     in this Act, $10,000,000 shall be for the National Child 
     Traumatic Stress Network:  Provided further, That of the 
     amount made available under this heading in this Act, 
     $265,000,000 is available for activities authorized under 
     section 501(o) of the Public Health Service Act:  Provided 
     further, That of the amount made available under this heading 
     in this Act, $25,000,000 shall be for the Suicide Lifeline 
     and Disaster Distress Helpline:  Provided further, That of 
     the amount made available under this heading in this Act for 
     specified programs, not less than $150,000,000 shall be 
     allocated to tribes, tribal organizations, urban Indian 
     health organizations, or health or behavioral health service 
     providers to tribes:  Provided further, That the Substance 
     Abuse and Mental Health Services Administration has 
     flexibility to amend allowable activities, timelines, and 
     reporting requirements for the Substance Abuse Prevention and 
     Treatment Block Grant and the Community Mental Health 
     Services Block Grant pursuant to the public health emergency 
     declaration:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                Centers for Medicare & Medicaid Services

                           program management

       For an additional amount for ``Program Management'', 
     $150,000,000, to remain available through September 30, 2022, 
     to prevent, prepare for, and respond to coronavirus, for 
     State strike teams for resident and employee safety in 
     skilled nursing facilities and nursing facilities, including 
     activities to support clinical care, infection control, and 
     staffing pursuant to section 30209 of this Act:  Provided, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                Administration For Children And Families

                   low income home energy assistance

       For an additional amount for ``Low Income Home Energy 
     Assistance'', $1,500,000,000, to remain available until 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, for making payments under subsection (b) of 
     section 2602 of the Low-Income Home Energy Assistance Act of 
     1981 (42 U.S.C. 8621 et seq.):  Provided, That of the amount 
     provided under this heading in this Act, $750,000,000 shall 
     be allocated as though the total appropriation for such 
     payments for fiscal year 2020 was less than $1,975,000,000:  
     Provided further, That each grantee that receives an 
     allotment of funds made available under this heading in this 
     Act shall, for purposes of income eligibility, deem to be 
     eligible any household that documents job loss or severe 
     income loss dated after February 29, 2020, such as a layoff 
     or furlough notice or verification of application for 
     unemployment benefits:  Provided further, That the limitation 
     in section 2605(b)(9)(A) of the Low-Income Home Energy 
     Assistance Act of 1981, regarding planning and administering 
     the use of funds, shall apply to funds provided under this 
     heading in this Act by substituting ``12.5 percent'' for ``10 
     percent'':  Provided further, That section 2607(b)(2)(B) of 
     such Act (42 U.S.C. 8626(b)(2)(B)) shall not apply to funds 
     made available under this heading in this Act:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

   payments to states for the child care and development block grant

       For an additional amount for ``Payments to States for the 
     Child Care and Development Block Grant'', $7,000,000,000, to 
     remain available until September 30, 2021, to prevent, 
     prepare for, and respond to coronavirus, including for 
     Federal administrative expenses, which shall be used to 
     supplement, not supplant State, Territory, and Tribal general 
     revenue funds for child care assistance for low-income 
     families within the United States (including territories) 
     without regard to requirements in sections 658E(c)(3)(D)-(E) 
     or section 658G of the Child Care and Development Block Grant 
     Act:  Provided, That funds provided under this heading in 
     this Act may be used for costs of providing relief from 
     copayments and tuition payments for families and for paying 
     that portion of the child care provider's cost ordinarily 
     paid through family copayments, to provide continued payments 
     and assistance to child care providers in the case of 
     decreased enrollment or closures related to coronavirus, and 
     to ensure child care providers are able to remain open or 
     reopen as appropriate and applicable:  Provided further, That 
     States, Territories, and Tribes are encouraged to place 
     conditions on payments to child care providers that ensure 
     that child care providers use a portion of funds received to 
     continue to pay the salaries and wages of staff:  Provided 
     further, That lead agencies shall, for the duration of the 
     COVID-19 public health emergency, implement enrollment and 
     eligibility policies that support the fixed costs of 
     providing child care services by delinking provider 
     reimbursement rates from an eligible child's absence and a 
     provider's closure due to the COVID-19 public health 
     emergency:  Provided further, That the Secretary shall remind 
     States that CCDBG State plans do not need to be amended prior 
     to utilizing existing authorities in the Child Care and 
     Development Block Grant Act for the purposes provided herein: 
      Provided further, That States, Territories, and Tribes are 
     authorized to use funds appropriated under this heading in 
     this Act to provide child care assistance to health care 
     sector employees, emergency responders, sanitation workers, 
     farmworkers, and other workers deemed essential during the 
     response to coronavirus by public officials, without regard 
     to the income eligibility requirements of section 658P(4) of 
     such Act:  Provided further, That funds appropriated under 
     this heading in this Act shall be available to eligible child 
     care providers under section 658P(6) of the CCDBG Act, even 
     if such providers were not receiving CCDBG assistance prior 
     to the public health emergency as a result of the 
     coronavirus, for the purposes of cleaning and sanitation, and 
     other activities necessary to maintain or resume the 
     operation of programs:  Provided further, That no later than 
     60 days after the date of enactment of this Act, each State, 
     Territory, and Tribe that receives funding under this heading 
     in this Act shall submit to the Secretary a report, in such 
     manner as the Secretary may require, describing how the funds 
     appropriated under this heading in this Act will be spent and 
     that no later than 90 days after the date of enactment of 
     this Act, the Secretary shall submit to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committee on Education and Labor of the House of 
     Representatives, and the Committee on Health, Education, 
     Labor, and Pensions of the Senate a report summarizing such 
     reports from the States, Territories, and Tribes:  Provided 
     further, That no later than October 31, 2021, each State, 
     Territory, and Tribe that receives funding under this heading 
     in this Act shall submit to the Secretary a report, in such 
     manner as the Secretary may require, describing how the funds 
     appropriated under this heading in this Act were spent and 
     that no later than 60 days after receiving such reports from 
     the States, Territories, and Tribes, the Secretary shall 
     submit to the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Education 
     and Labor of the House of Representatives, and the Committee 
     on Health, Education, Labor, and Pensions of the Senate a 
     report summarizing such reports from the States, Territories, 
     and Tribes:  Provided further, That payments made under this 
     heading in this Act may be obligated in this fiscal year or 
     the succeeding two fiscal years:  Provided further, That 
     funds appropriated under this heading in this Act may be made 
     available to restore amounts, either directly or through 
     reimbursement, for obligations incurred to prevent, prepare 
     for, and respond to coronavirus, prior to the date of 
     enactment of this Act:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                children and families services programs

       For an additional amount for ``Children and Families 
     Services Programs'', $1,590,000,000, to remain available 
     until September 30, 2021, to prevent, prepare for, and 
     respond to coronavirus, which shall be used as follows:
       (1) $50,000,000 for Family Violence Prevention and Services 
     grants as authorized by section 303(a) and 303(b) of the 
     Family Violence Prevention and Services Act with such funds 
     available to grantees without regard to matching requirements 
     under section 306(c)(4) of such Act, of which $2,000,000 
     shall be for the National Domestic Violence Hotline:  
     Provided, That the Secretary of Health and Human Services may 
     make such funds available for providing temporary housing and 
     assistance to victims of family, domestic, and dating 
     violence;
       (2) $20,000,000 for necessary expenses for community-based 
     grants for the prevention of child abuse and neglect under 
     section 209 of the Child Abuse Prevention and Treatment Act, 
     which the Secretary shall make without regard to sections 
     203(b)(1) and 204(4) of such Act; and

[[Page H2052]]

       (3) $20,000,000 for necessary expenses for the Child Abuse 
     Prevention and Treatment Act State Grant program as 
     authorized by Section 112 of such Act;
       (4) $1,500,000,000 for necessary expenses for grants to 
     carry out the Low-Income Household Drinking Water and 
     Wastewater Assistance program, as described in section 190703 
     of division S of this Act.
       Provided, That funds made available under this heading in 
     this Act may be used for the purposes provided herein to 
     reimburse costs incurred between January 20, 2020, and the 
     date of award:  Provided further, That funds appropriated by 
     the CARES Act (P.L. 116-136) to carry out the Community 
     Services Block Grant Act (42 U.S.C. 9901 et seq.) and 
     received by a State shall be made available to eligible 
     entities (as defined in section 673(1)(A) of such Act (42 
     U.S.C. 9902(1)(A)) not later than either 30 days after such 
     State receives such funds or 30 days after the date of the 
     enactment of this Act, whichever occurs later:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                  ADMINISTRATION FOR COMMUNITY LIVING

                 aging and disability services programs

       For an additional amount for ``Aging and Disability 
     Services Programs'', $100,000,000, to remain available until 
     September 30, 2021, to prevent, prepare for, and respond to 
     the coronavirus:  Provided, That of the amount made available 
     under this heading in this Act, $85,000,000 shall be for 
     activities authorized under the Older Americans Act of 1965 
     (``OAA'') and activities authorized under part B of title XX 
     of the Social Security Act, including $20,000,000 for 
     supportive services under part B of title III; $19,000,000 
     for nutrition services under subparts 1 and 2 of part C of 
     title III; $1,000,000 for nutrition services under title VI; 
     $20,000,000 for supportive services for family caregivers 
     under part E of title III; $10,000,000 for evidence-based 
     health promotion and disease prevention services under part D 
     of title III; $10,000,000 for elder rights protection 
     activities, including the long-term ombudsman program under 
     title VII and adult protective services programs through the 
     Elder Justice Act; and $5,000,000 shall be for grants to 
     States to support the network of statewide senior legal 
     services, including existing senior legal hotlines, efforts 
     to expand such hotlines to all interested States, and legal 
     assistance to providers, in order to ensure seniors have 
     access to legal assistance, with such fund allotted to States 
     consistent with paragraphs (1) through (3) of section 304(a) 
     of the OAA:  Provided further, That State matching 
     requirements under sections 304(d)(1)(D) and 373(g)(2) of the 
     OAA shall not apply to funds made available under this 
     heading:  Provided further, That of the amount made available 
     under this heading in this Act, $10,000,000 shall be for 
     activities authorized in the Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000:  Provided further, 
     That of the amount made available under this heading in this 
     Act, $5,000,000 shall be for activities authorized in the 
     Assistive Technology Act of 2004:  Provided further, That of 
     the amount made available in the preceding proviso, 
     $5,000,000 shall be for the purchase of equipment to allow 
     interpreters to provide appropriate and essential services to 
     the hearing-impaired community:  Provided further, That for 
     the purposes of the funding provided in the preceding 
     proviso, during the emergency period described in section 
     1135(g)(1)(B) of the Social Security Act, for purposes of 
     section 4(e)(2)(A) of the Assistive Technology Act of 2004, 
     the term ``targeted individuals and entities'' (as that term 
     is defined in section 3(16) of the Assistive Technology Act 
     of 2004) shall be deemed to include American Sign Language 
     certified interpreters who are providing interpretation 
     services remotely for individuals with disabilities:  
     Provided further, That during such emergency period, for the 
     purposes of the previous two provisos, to facilitate the 
     ability of individuals with disabilities to remain in their 
     homes and practice social distancing, the Secretary shall 
     waive the prohibitions on the use of grant funds for direct 
     payment for an assistive technology device for an individual 
     with a disability under sections 4(e)(2)(A) and 4(e)(5) of 
     such Act:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                        Office of the Secretary

            public health and social services emergency fund

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $4,575,000,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     including the development of necessary countermeasures and 
     vaccines, prioritizing platform-based technologies with U.S.-
     based manufacturing capabilities, the purchase of vaccines, 
     therapeutics, diagnostics, necessary medical supplies, as 
     well as medical surge capacity, addressing blood supply 
     chain, workforce modernization, telehealth access and 
     infrastructure, initial advanced manufacturing, novel 
     dispensing, enhancements to the U.S. Commissioned Corps, and 
     other preparedness and response activities:  Provided, That 
     funds appropriated under this paragraph in this Act may be 
     used to develop and demonstrate innovations and enhancements 
     to manufacturing platforms to support such capabilities:  
     Provided further, That the Secretary of Health and Human 
     Services shall purchase vaccines developed using funds made 
     available under this paragraph in this Act to respond to an 
     outbreak or pandemic related to coronavirus in quantities 
     determined by the Secretary to be adequate to address the 
     public health need:  Provided further, That products 
     purchased by the Federal government with funds made available 
     under this paragraph in this Act, including vaccines, 
     therapeutics, and diagnostics, shall be purchased in 
     accordance with Federal Acquisition Regulation guidance on 
     fair and reasonable pricing:  Provided further, That the 
     Secretary may take such measures authorized under current law 
     to ensure that vaccines, therapeutics, and diagnostics 
     developed from funds provided in this Act will be affordable 
     in the commercial market:  Provided further, That in carrying 
     out the previous proviso, the Secretary shall not take 
     actions that delay the development of such products:  
     Provided further, That products purchased with funds 
     appropriated under this paragraph in this Act may, at the 
     discretion of the Secretary of Health and Human Services, be 
     deposited in the Strategic National Stockpile under section 
     319F-2 of the Public Health Service Act:  Provided further, 
     That funds appropriated under this paragraph in this Act may 
     be transferred to, and merged with, the fund authorized by 
     section 319F-4, the Covered Countermeasure Process Fund, of 
     the Public Health Service Act:  Provided further, That of the 
     amount made available under this paragraph in this Act, 
     $3,500,000,000 shall be available to the Biomedical Advanced 
     Research and Development Authority for necessary expenses of 
     advanced research, development, manufacturing, production, 
     and purchase of vaccines and therapeutics:  Provided further, 
     That of the amount made available under this paragraph in 
     this Act, $500,000,000 shall be available to the Biomedical 
     Advanced Research and Development Authority for the 
     construction, renovation, or equipping of U.S.-based next 
     generation manufacturing facilities, other than facilities 
     owned by the United States Government:  Provided further, 
     That of the amount made available under this paragraph in 
     this Act, $500,000,000 shall be available to the Biomedical 
     Advanced Research and Development Authority to promote 
     innovation in antibacterial research and development:  
     Provided further, That funds made available under this 
     paragraph in this Act may be used for grants for the rent, 
     lease, purchase, acquisition, construction, alteration, or 
     renovation of non-Federally owned facilities to improve 
     preparedness and response capability at the State and local 
     level:  Provided further, That funds appropriated under this 
     paragraph in this Act may be used for the construction, 
     alteration, renovation or equipping of non-Federally owned 
     facilities for the production of vaccines, therapeutics, 
     diagnostics, and medicines and other items purchased under 
     section 319F-2(a) of the Public Health Service Act where the 
     Secretary determines that such a contract is necessary to 
     assure sufficient domestic production of such supplies:  
     Provided further, That all construction, alteration, or 
     renovation work, carried out, in whole or in part, with fund 
     appropriated under this heading in this Act, the CARES Act 
     (P.L. 116-136), or the Paycheck Protection Program and Health 
     Care Enhancement Act (P.L. 116-139), shall be subject to the 
     requirements of 42 U.S.C. 300s-1(b)(1)(I):  Provided further, 
     That not later than seven days after the date of enactment of 
     this Act, and weekly thereafter until the public health 
     emergency related to coronavirus is no longer in effect, the 
     Secretary shall report to the Committees on Appropriations of 
     the House of Representatives and the Senate on the current 
     inventory of ventilators and personal protective equipment in 
     the Strategic National Stockpile, including the numbers of 
     face shields, gloves, goggles and glasses, gowns, head 
     covers, masks, and respirators, as well as deployment of 
     ventilators and personal protective equipment during the 
     previous week, reported by state and other jurisdiction:  
     Provided further, That after the date that a report is 
     required to be submitted by the preceding proviso, amounts 
     made available for ``Department of Health and Human 
     Services--Office of the Secretary--General Departmental 
     Management'' in Public Law 116-94 for salaries and expenses 
     of the Immediate Office of the Secretary shall be reduced by 
     $250,000 for each day that such report has not been 
     submitted:  Provided further, That not later than the first 
     Monday in February of fiscal year 2021 and each fiscal year 
     thereafter, the Secretary shall include in the annual budget 
     submission for the Department, and submit to the Congress, 
     the Secretary's request with respect to expenditures 
     necessary to maintain the minimum level of relevant supplies 
     in the Strategic National Stockpile, including in case of a 
     significant pandemic, in consultation with the working group 
     under section 319F(a) of the Public Health Service Act and 
     the Public Health Emergency Medical Countermeasures 
     Enterprise established under section 2811-1 of such Act:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $100,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, for necessary expenses to make 
     payments under the Health Care Provider Relief Fund as 
     described in section 30611 of division C of this Act:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $75,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, for necessary expenses to carry out 
     the COVID-19 National Testing and Contact Tracing Initiative, 
     as described in subtitle D of

[[Page H2053]]

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

                        DEPARTMENT OF EDUCATION

                    State Fiscal Stabilization Fund

       For an additional amount for ``State Fiscal Stabilization 
     Fund'', $90,000,000,000, to remain available until September 
     30, 2022, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That the Secretary of Education 
     (referred to under this heading as ``Secretary'') shall make 
     grants to the Governor of each State for support of 
     elementary, secondary, and postsecondary education and, as 
     applicable, early childhood education programs and services:  
     Provided further, That of the amount made available, the 
     Secretary shall first allocate up to one-half of 1 percent to 
     the outlying areas and one-half of 1 percent to the Bureau of 
     Indian Education (``BIE'') for activities consistent with 
     this heading under such terms and conditions as the Secretary 
     may determine:  Provided further, That the Secretary may 
     reserve up to $30,000,000 for administration and oversight of 
     the activities under this heading:  Provided further, That 
     the Secretary shall allocate 61 percent of the remaining 
     funds made available to carry out this heading to the States 
     on the basis of their relative population of individuals aged 
     5 through 24 and allocate 39 percent on the basis of their 
     relative number of children counted under section 1124(c) of 
     the Elementary and Secondary Education Act of 1965 (referred 
     to under this heading as ``ESEA'') as State grants:  Provided 
     further, That State grants shall support statewide 
     elementary, secondary, and postsecondary activities; 
     subgrants to local educational agencies; and, subgrants to 
     public institutions of higher education:  Provided further, 
     That States shall allocate 65 percent of the funds received 
     under the fourth proviso as subgrants to local educational 
     agencies in proportion to the amount of funds such local 
     educational agencies received under part A of title I of the 
     ESEA in the most recent fiscal year:  Provided further, That 
     States shall allocate 30 percent of the funds received under 
     the fourth proviso as subgrants to public institutions of 
     higher education, of which the Governor shall reserve a 
     percentage necessary to make the minimum grants described in 
     the next proviso and, of the amounts remaining after making 
     such reservation, 75 percent shall be apportioned according 
     to the relative share in the State of students who received 
     Pell Grants who are not exclusively enrolled in distance 
     education courses prior to the coronavirus emergency at the 
     institution in the previous award year and 25 percent shall 
     be apportioned according to the relative share in the State 
     of the total enrollment of students at the institution who 
     are not exclusively enrolled in distance education courses 
     prior to the coronavirus emergency at the institution in the 
     previous award year: Provided further, That any public 
     institution of higher education that is not otherwise 
     eligible for a grant of at least $1,000,000 under the 
     preceding proviso and has an enrollment of at least 500 
     students shall be eligible to receive an amount equal to 
     whichever is lesser of the total loss of revenue and 
     increased costs associated with the coronavirus or 
     $1,000,000: Provided further, That the Governor shall use any 
     remaining funds that were unnecessary to carry out the 
     previous proviso to distribute such funds to institutions of 
     higher education in accordance with the formula in the 
     preceding provisos: Provided further, That the Governor may 
     use any funds received under the fourth proviso that are not 
     specifically reserved under this heading for additional 
     support to elementary, secondary, and postsecondary 
     education, including supports for under-resourced 
     institutions, institutions with high burden due to the 
     coronavirus, and institutions who did not possess distance 
     education capabilities prior to the coronavirus emergency:  
     Provided further, That the Governor shall return to the 
     Secretary any funds received that the Governor does not award 
     to local educational agencies and public institutions of 
     higher education or otherwise commit within two years of 
     receiving such funds, and the Secretary shall reallocate such 
     funds to the remaining States in accordance with the fourth 
     proviso:  Provided further, That Governors shall use State 
     grants and subgrants to maintain or restore State and local 
     fiscal support for elementary, secondary and postsecondary 
     education:  Provided further, That funds for local 
     educational agencies may be used for any activity authorized 
     by the ESEA, including the Native Hawaiian Education Act and 
     the Alaska Native Educational Equity, Support, and Assistance 
     Act, the Individuals with Disabilities Education Act 
     (``IDEA''), subtitle B of title VII of the McKinney-Vento 
     Homeless Assistance Act , the Adult Education and Family 
     Literacy Act or the Carl D. Perkins Career and Technical 
     Education Act of 2006 (``the Perkins Act''):  Provided 
     further, That a State or local educational agency receiving 
     funds under this heading may use the funds for activities 
     coordinated with State, local, tribal, and territorial public 
     health departments to detect, prevent, or mitigate the spread 
     of infectious disease or otherwise respond to coronavirus; 
     support online learning by purchasing educational technology 
     and internet access for students, which may include assistive 
     technology or adaptive equipment, that aids in regular and 
     substantive educational interactions between students and 
     their classroom instructor; provide ongoing professional 
     development to staff in how to effectively provide quality 
     online academic instruction; provide assistance for children 
     and families to promote equitable participation in quality 
     online learning; plan and implement activities related to 
     supplemental afterschool programs and summer learning, 
     including providing classroom instruction or quality online 
     learning during the summer months; plan for and coordinate 
     during long-term closures, provide technology for quality 
     online learning to all students, and how to support the needs 
     of low-income students, racial and ethnic minorities, 
     students with disabilities, English learners, students 
     experiencing homelessness, and children in foster care, 
     including how to address learning gaps that are created or 
     exacerbated due to long-term closures; support the continuity 
     of student engagement through social and emotional learning; 
     and other activities that are necessary to maintain the 
     operation of and continuity of services in local educational 
     agencies, including maintaining employment of existing 
     personnel, and reimbursement for eligible costs incurred 
     during the national emergency:  Provided further, That a 
     public institution of higher education that receives funds 
     under this heading shall use funds for education and general 
     expenditures (including defraying expenses due to lost 
     revenue, reimbursement for expenses already incurred, and 
     payroll) and grants to students for expenses directly related 
     to coronavirus and the disruption of campus operations (which 
     may include emergency financial aid to students for tuition, 
     food, housing, technology, health care, and child care costs 
     that shall not be required to be repaid by such students) or 
     for the acquisition of technology and services directly 
     related to the need for distance education and the training 
     of faculty and staff to use such technology and services:  
     Provided further, That an institution of higher education may 
     not use funds received under this heading to increase its 
     endowment or provide funding for capital outlays associated 
     with facilities related to athletics, sectarian instruction, 
     or religious worship:  Provided further, That funds may be 
     used to support hourly workers, such as education support 
     professionals, classified school employees, and adjunct and 
     contingent faculty:  Provided further, That a Governor of a 
     State desiring to receive an allocation under this heading 
     shall submit an application at such time, in such manner, and 
     containing such information as the Secretary may reasonably 
     require:  Provided further, That the Secretary shall issue a 
     notice inviting applications not later than 15 days after the 
     date of enactment of this Act:  Provided further, That any 
     State receiving funding under this heading shall maintain its 
     percent of total spending on elementary, secondary, and 
     postsecondary education in fiscal year 2019 for fiscal years 
     2020, 2021, and 2022:  Provided further, That a State's 
     application shall include assurances that the State will 
     maintain support for elementary and secondary education in 
     fiscal year 2020, fiscal year 2021, and fiscal year 2022 at 
     least at the level of such support that is the average of 
     such State's support for elementary and secondary education 
     in the 3 fiscal years preceding the fiscal year for which 
     State support for elementary and secondary education is 
     provided:  Provided further, That a State's application shall 
     include assurances that the State will maintain State support 
     for higher education (not including support for capital 
     projects or for research and development or tuition and fees 
     paid by students) in fiscal year 2020, fiscal year 2021, and 
     fiscal year 2022 at least at the level of such support that 
     is the average of such State's support for higher education 
     (which shall include State and local government funding to 
     institutions of higher education and state financial aid) in 
     the 3 fiscal years preceding the fiscal year for which State 
     support for higher education is provided, and that any such 
     State's support for higher education funding, as calculated 
     as spending for public higher education per full-time 
     equivalent student, shall be at least the same in fiscal year 
     2022 as it was in fiscal year 2019:  Provided further, That 
     in such application, the Governor shall provide baseline data 
     that demonstrates the State's current status in each of the 
     areas described in such assurances in the preceding provisos: 
      Provided further, That a State's application shall include 
     assurances that the State will not construe any provisions 
     under this heading as displacing any otherwise applicable 
     provision of any collective-bargaining agreement between an 
     eligible entity and a labor organization as defined by 
     section 2(5) of the National Labor Relations Act (29 U.S.C. 
     152(5)) or analogous State law:  Provided further, That a 
     State's application shall include assurances that the State 
     shall maintain the wages, benefits, and other terms and 
     conditions of employment set forth in any collective-
     bargaining agreement between the eligible entity and a labor 
     organization, as defined in the preceding proviso:  Provided 
     further, That a State's application shall include assurances 
     that all students with disabilities are afforded their full 
     rights under IDEA, including all rights and services outlined 
     in individualized education programs (``IEPs''):  Provided 
     further, That a State receiving funds under this heading 
     shall submit a report to the Secretary, at such time and in 
     such manner as the Secretary may require, that describes the 
     use of funds provided under this heading:  Provided further, 
     That no recipient of funds under this heading shall use funds 
     to provide financial assistance to students to attend private 
     elementary or secondary schools, unless such funds are used 
     to provide special education and related services to children 
     with disabilities whose IEPs require such placement, and 
     where the school district maintains responsibility for 
     providing such children a free appropriate public education, 
     as authorized by IDEA:  Provided further, That a local 
     educational agency, State, institution of higher education, 
     or other entity that receives funds under ``State Fiscal 
     Stabilization Fund'', shall to the greatest extent 
     practicable, continue to pay its employees and contractors 
     during the period of any disruptions or closures related to 
     coronavirus:  Provided further, That the terms ``elementary 
     education'' and ``secondary education'' have the meaning

[[Page H2054]]

     given such terms under State law:  Provided further, That the 
     term ``institution of higher education'' has the meaning 
     given such term in section 101 of the Higher Education Act of 
     1965:  Provided further, That the term ``fiscal year'' shall 
     have the meaning given such term under State law:  Provided 
     further, That the term ``State'' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                            Higher Education

       For an additional amount for ``Higher Education'', 
     $10,150,000,000, to remain available until September 30, 
     2021, to prevent, prepare for, and respond to coronavirus, of 
     which $11,000,000 shall be transferred to ``National 
     Technical Institute for the Deaf'' to help defray expenses 
     (which may include lost revenue, reimbursement for expenses 
     already incurred, technology costs associated with a 
     transition to distance education, sign language and 
     captioning costs associated with a transition to distance 
     education, faculty and staff trainings, and payroll) directly 
     caused by coronavirus and to enable emergency financial aid 
     to students for expenses directly related to coronavirus and 
     the disruption of university operations (which may include 
     food, housing, transportation, technology, health care, and 
     child care), of which $20,000,000 shall be transferred to 
     ``Howard University'' to help defray expenses (which may 
     include lost revenue, reimbursement for expenses already 
     incurred, technology costs associated with a transition to 
     distance education, technology costs associated with a 
     transition to distance education, faculty and staff 
     trainings, and payroll) directly related to coronavirus and 
     to enable grants to students for expenses directly related to 
     coronavirus and the disruption of university operations 
     (which may include food, housing, transportation, technology, 
     health care, and child care), of which $11,000,000 shall be 
     transferred to ``Gallaudet University'' to help defray 
     expenses (which may include lost revenue, reimbursement for 
     expenses already incurred, technology costs associated with a 
     transition to distance education, sign language and 
     captioning costs associated with a transition to distance 
     education, faculty and staff trainings, and payroll) directly 
     related to coronavirus and to enable grants to students for 
     expenses directly related to coronavirus and the disruption 
     of university operations (which may include food, housing, 
     transportation, technology, health care, and child care), and 
     of which the remaining amounts shall be used to carry out 
     parts A and B of title III, parts A and B of title V, subpart 
     4 of part A of title VII, and part B of title VII of the 
     Higher Education Act of 1965 (``HEA'') as follows:
       (1) $1,708,000,000 for parts A and B of title III, parts A 
     and B of title V, and subpart 4 of part A of title VII of the 
     HEA to address needs directly related to coronavirus:  
     Provided, That such amount shall be allocated by the 
     Secretary proportionally to such programs covered under this 
     paragraph and based on the relative share of funding 
     appropriated to such programs in the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94) and distributed 
     to institutions of higher education as follows:
       (A) Except as otherwise provided in subparagraph (B), for 
     eligible institutions under part B of title III and subpart 4 
     of part A of title VII of the Higher Education Act, the 
     Secretary shall allot to each eligible institution an amount 
     using the following formula:
       (i) 70 percent according to a ratio equivalent to the 
     number of Pell Grant recipients in attendance at such 
     institution at the end of the school year preceding the 
     beginning of that fiscal year and the total number of Pell 
     Grant recipients at all such institutions;
       (ii) 20 percent according to a ratio equivalent to the 
     total number of students enrolled at such institution at the 
     end of the school year preceding the beginning of that fiscal 
     year and the number of students enrolled at all such 
     institutions; and
       (iii) 10 percent according to a ratio equivalent to the 
     total endowment size at all eligible institutions at the end 
     of the school year preceding the beginning of that fiscal 
     year and the total endowment size at such institutions;
       (B) For eligible institutions under section 326 of the 
     Higher Education Act, the Secretary shall allot to each 
     eligible institution an amount in proportion to the award 
     received from funding for such institutions in the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94);
       (C) For eligible institutions under section 316 of the 
     Higher Education Act, the Secretary shall allot funding 
     according to the formula in section 316(d)(3) of the Higher 
     Education Act;
       (D) Notwithstanding section 318(f) of the Higher Education 
     Act, for eligible institutions under section 318 of the 
     Higher Education Act, the Secretary shall allot funding 
     according to the formula in section 318(e) of the Higher 
     Education Act;
       (E) Except as provided in subparagraphs (C) and (D), for 
     eligible institutions under part A of title III of the Higher 
     Education Act and parts A and B of title V, the Secretary 
     shall issue an application for eligible institutions to 
     demonstrate unmet need, and the Secretary shall allow 
     eligible institutions to apply for funds under one of the 
     programs for which they are eligible.
       (2) $8,400,000,000 for part B of title VII of the HEA for 
     institutions of higher education (as defined in section 101 
     or 102(c) of the HEA) to address needs directly related to 
     coronavirus as follows:
       (A) $7,000,000,000 shall be provided to private, nonprofit 
     institutions of higher education--
       (i) by reserving an amount necessary to make the minimum 
     grants described in the second to last proviso under this 
     heading; and
       (ii) from amounts not reserved under clause (i), by 
     apportioning--

       (I) 75 percent according to the relative share of 
     enrollment of Federal Pell Grant recipients who are not 
     exclusively enrolled in distance education courses prior to 
     the coronavirus emergency; and
       (II) 25 percent according to the relative share of the 
     total enrollment of students who were not Federal Pell Grant 
     recipients who are not exclusively enrolled in distance 
     education courses prior to the coronavirus emergency.

       (B) $1,400,000,000 shall be for institutions of higher 
     education with unmet need related to the coronavirus, 
     including institutions of higher education that offer their 
     courses and programs exclusively through distance education:
       Provided, That funds shall be used to make payments to such 
     institutions to provide emergency grants to students who 
     attended such institutions at any point during the 
     coronavirus emergency and for any component of the student's 
     cost of attendance (as defined under section 472 of the HEA), 
     including tuition, food, housing, course materials, 
     technology, health care, and child care):  Provided further, 
     That institutions of higher education may use such funds to 
     defray expenses (including lost revenue, reimbursement for 
     expenses already incurred, technology costs associated with a 
     transition to distance education, faculty and staff 
     trainings, and payroll) incurred by institutions of higher 
     education:  Provided further, That such payments shall not be 
     used to increase endowments or provide funding for capital 
     outlays associated with facilities related to athletics, 
     sectarian instruction, or religious worship:  Provided 
     further, That any private, nonprofit institution of higher 
     education that is not otherwise eligible for a grant of at 
     least $1,000,000 under paragraph (2)(A)(ii) of this heading 
     and has a total enrollment of at least 500 students shall be 
     eligible to receive, from amounts reserved under paragraph 
     (2)(A)(i), an amount equal to whichever is the lesser of the 
     total loss of revenue and increased costs associated with the 
     coronavirus or $1,000,000: Provided further, That of the 
     funds provided under paragraph 2(B), the Secretary shall make 
     an application available for institutions of higher education 
     to demonstrate unmet need, which shall include for this 
     purpose a dramatic decline in revenue as a result of campus 
     closure, exceptional costs or challenges implementing 
     distance education platforms due to lack of a technological 
     infrastructure, serving a large percentage of students who 
     lack access to adequate technology to move to distance 
     education, serving a region or community that has been 
     especially impacted by increased unemployment and displaced 
     workers, serving communities or regions where the number of 
     coronavirus cases has imposed exceptional costs on the 
     institution, and other criteria that the Secretary shall 
     identify after consultation with institutions of higher 
     education or their representatives: Provided further, That no 
     institution may receive an award unless it has submitted an 
     application that describes the impact of the coronavirus on 
     the institution and the ways that the institution will use 
     the funds to ameliorate such impact: Provided further, That 
     the Secretary shall brief the Committees on Appropriations 
     fifteen days in advance of making any application available 
     for funds under paragraph (2)(B):  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

              General Provisions--Department of Education

       Sec. 10602.  Amounts made available to ``Department of 
     Education--Office of Inspector General'' in title VIII of 
     division B of Public Law 116-136 are hereby permanently 
     rescinded, and an amount of additional new budget authority 
     equivalent to the amount rescinded is hereby appropriated, to 
     remain available until expended, for the same purposes and 
     under the same authorities as they were originally 
     appropriated, and shall be in addition to any other funds 
     available for such purposes:  Provided, That the amounts 
     appropriated by this section may also be used for 
     investigations and are available until expended:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 10603. 
       The Coronavirus Aid, Relief, and Economic Security Act 
     (P.L. 116-136) is amended by striking section 18001(a)(3):  
     Provided, That amounts repurposed pursuant to the amendment 
     made by this section that were previously designated by the 
     Congress as an emergency requirement pursuant to the Balanced 
     Budget and Emergency Deficit Control Act of 1985 are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
       Sec. 10604. 
       Section 18005(a) of the Coronavirus Aid, Relief, and 
     Economic Security Act (P.L. 116-136) is amended by inserting 
     ``including subsections (a)(4)(A)(i) and (c) of such 
     section'' after ``section 1117'' and by inserting ``Such 
     equitable services shall be provided by the local educational 
     agency in which the students reside, and the amount of funds 
     available for such equitable services shall be based on the 
     number of nonpublic school students who were identified in 
     the calculation under section 1117(c)(1) of the ESEA for 
     purposes of Title I-A during the 2019-2020 school year 
     relative to the sum of such students in public schools during 
     the 2019-2020 school year.'' after ``representatives of 
     nonpublic schools.'':  Provided, That amounts

[[Page H2055]]

     repurposed pursuant to the amendment made by this section 
     that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 10605. 
       Section 18004(c) of the Coronavirus Aid, Relief, and 
     Economic Security Act (P.L. 116-136) is amended by striking 
     ``to cover any costs associated with significant changes to 
     the delivery of instruction due to the coronavirus'' and 
     inserting ``to defray expenses (including lost revenue, 
     reimbursement for expenses already incurred, technology costs 
     associated with a transition to distance education, faculty 
     and staff trainings, payroll) incurred by institutions of 
     higher education.'':  Provided, That amounts repurposed 
     pursuant to the amendment made by this section that were 
     previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 10606.  With respect to the allocation and award of 
     funds under this title, the Secretary of Education is 
     prohibited from--
        (a) establishing a priority or preference not specified in 
     this title; and
       (b) imposing limits on the use of such funds not specified 
     in this title.

                            RELATED AGENCIES

             Corporation For National And Community Service

   administrative provisions--corporation for national and community 
                                service

       Sec. 10607. (a) The remaining unobligated balances of funds 
     as of September 30, 2020, from amounts provided to 
     ``Corporation for National and Community Service--Salaries 
     and Expenses'' in title IV of division A of the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94), 
     are hereby permanently rescinded, and an amount of additional 
     new budget authority equal to the unobligated balances 
     rescinded is hereby appropriated on September 30, 2020, to 
     remain available until September 30, 2021, for the same 
     purposes and under the same authorities that they were 
     originally made available in Public Law 116-94, which shall 
     be in addition to any other funds available for such 
     purposes:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       (b) The remaining unobligated balances of funds as of 
     September 30, 2020, from amounts provided to ``Corporation 
     for National and Community Service--Operating Expenses'' in 
     title IV of division A of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94), are hereby 
     permanently rescinded, and an amount of additional new budget 
     authority equal to the unobligated balances rescinded is 
     hereby appropriated on September 30, 2020, to remain 
     available until September 30, 2021, for the same purposes and 
     under the same authorities that they were originally made 
     available in Public Law 116-94, which shall be in addition to 
     any other funds available for such purposes:  Provided, That 
     any amounts appropriated by the preceding proviso shall not 
     be subject to the allotment requirements otherwise applicable 
     under sections 129(a), (b), (d), and (e) of the National and 
     Community Service Act of 1993:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       (c) The remaining unobligated balances of funds as of 
     September 30, 2020, from amounts provided to ``Corporation 
     for National and Community Service--Office of Inspector 
     General'' in title IV of division A of the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94), 
     are hereby permanently rescinded, and an amount of additional 
     new budget authority equal to the amount rescinded is hereby 
     appropriated on September 30, 2020, to remain available until 
     September 30, 2021, for the same purposes and under the same 
     authorities that they were originally made available in 
     Public Law 116-94, which shall be in addition to any other 
     funds available for such purposes:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       (d)(1) Section 3514(b) of title III of division A of Public 
     Law 116-136 is hereby repealed, and such section shall be 
     applied hereafter as if such subsection had never been 
     enacted.
       (2)(A) In general.--The amounts provided under this 
     subsection are designated as an emergency requirement 
     pursuant to section 4(g) of the Statutory Pay-As-You-Go Act 
     of 2010 (2 U.S.C. 933(g)), and the budgetary effects shall 
     not be entered on either PAYGO scorecard maintained pursuant 
     to section 4(d) of such Act.
       (B) Designation in the senate.--In the Senate, this 
     subsection is designated as an emergency requirement pursuant 
     to section 4112(a) of H. Con. Res. 71 (115th Congress), the 
     concurrent resolution on the budget for fiscal year 2018, and 
     the budgetary effects shall not be entered on any PAYGO 
     scorecard maintained for purposes of section 4106 of such 
     concurrent resolution.
       (C) Classification of budgetary effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(7) 
     and (c)(8) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, the budgetary effects of this subsection 
     shall not be estimated--
       (i) for purposes of section 251 of such Act; and
       (ii) for purposes of paragraph (4)(C) of section 3 of the 
     Statutory Pay As-You-Go Act of 2010 as being included in an 
     appropriation Act.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

       For an additional amount for ``Institute of Museum and 
     Library Services'', $5,000,000, to remain available until 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, including grants to States, territories, tribes, 
     museums, and libraries, to expand digital network access, 
     purchase internet accessible devices, provide technical 
     support services, and for operational expenses:  Provided, 
     That any matching funds requirements for States, tribes, 
     libraries, and museums are waived for grants provided with 
     funds made available under this heading in this Act:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                       Railroad Retirement Board

                      limitation on administration

       For an additional amount for ``Limitation on 
     Administration'', $4,500,000, to remain available until 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, including the expeditious dispensation of 
     railroad unemployment insurance benefits, and to support 
     full-time equivalents and overtime hours as needed to 
     administer the Railroad Unemployment Insurance Act:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

             limitation on the office of inspector general

       For an additional amount for ``Office of the Inspector 
     General'', $500,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus, including 
     salaries and expenses necessary for oversight, investigations 
     and audits of the Railroad Retirement Board and railroad 
     unemployment insurance benefits funded in this Act and Public 
     Law 116-136:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 10608.  Notwithstanding any other provision of law, 
     funds made available under each heading in this title shall 
     only be used for the purposes specifically described under 
     that heading.
       Sec. 10609.  Funds appropriated by this title may be used 
     by the Secretary of the Health and Human Services to appoint, 
     without regard to the provisions of sections 3309 through 
     3319 of title 5 of the United States Code, candidates needed 
     for positions to perform critical work relating to 
     coronavirus for which--
       (1) public notice has been given; and
       (2) the Secretary has determined that such a public health 
     threat exists.
       Sec. 10610.  Funds made available by this title may be used 
     to enter into contracts with individuals for the provision of 
     personal services (as described in section 104 of part 37 of 
     title 48, Code of Federal Regulations (48 CFR 37.104)) to 
     support the prevention of, preparation for, or response to 
     coronavirus, domestically and internationally, subject to 
     prior notification to the Committees on Appropriations of the 
     House of Representatives and the Senate:  Provided, That such 
     individuals may not be deemed employees of the United States 
     for the purpose of any law administered by the Office of 
     Personnel Management:  Provided further, That the authority 
     made available pursuant to this section shall expire on 
     September 30, 2024.
       Sec. 10611.  Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall provide a detailed spend plan of anticipated 
     uses of funds made available to the Department of Health and 
     Human Services in this Act, including estimated personnel and 
     administrative costs, to the Committees on Appropriations of 
     the House of Representatives and the Senate:  Provided, That 
     such plans shall be updated and submitted to such Committees 
     every 60 days until September 30, 2024:  Provided further, 
     That the spend plans shall be accompanied by a listing of 
     each contract obligation incurred that exceeds $5,000,000 
     which has not previously been reported, including the amount 
     of each such obligation.
       Sec. 10612.  Not later than September 30, 2020, the 
     remaining unobligated balances of funds made available 
     through September 30, 2020, under the heading ``National 
     Institutes of Health'' in the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94) are hereby 
     permanently rescinded, and an amount of additional new budget 
     authority equivalent to the amount rescinded from each 
     account is hereby appropriated to that account, to remain 
     available until September 30, 2021, and shall be available 
     for the same purposes, in addition to other funds as may be 
     available for such purposes, and under the same authorities 
     for which the funds were originally provided in Public Law 
     116-94:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       Sec. 10613.  Funds made available in Public Law 113-235 to 
     the accounts of the National Institutes of Health that were 
     available for obligation through fiscal year 2015 and were 
     obligated

[[Page H2056]]

     for multi-year research grants shall be available through 
     fiscal year 2021 for the liquidation of valid obligations if 
     the Director of the National Insitutes of Health determines 
     the project suffered an interruption of activities 
     attributable to SARS-CoV-2:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Sec. 10614.  Of the funds appropriated by this title under 
     the heading ``Public Health and Social Services Emergency 
     Fund'', $75,000,000 shall be transferred to, and merged with, 
     funds made available under the heading ``Office of the 
     Secretary, Office of Inspector General'', and shall remain 
     available until expended, for oversight of activities 
     supported with funds appropriated to the Department of Health 
     and Human Services in this Act:  Provided, That the Inspector 
     General of the Department of Health and Human Services shall 
     consult with the Committees on Appropriations of the House of 
     Representatives and the Senate prior to obligating such 
     funds:  Provided further, That the transfer authority 
     provided by this section is in addition to any other transfer 
     authority provided by law.

                     TITLE VII--LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

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

                    Government Accountability Office

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $30,000,000, to remain available until expended, for audits 
     and investigations relating to COVID-19 or similar pandemics, 
     as well as any related stimulus funding to assist the United 
     States response to health and economic vulnerabilities to 
     pandemics:  Provided, That, not later than 90 days after the 
     date of enactment of this Act, the Government Accountability 
     Office shall submit to the Committees on Appropriations of 
     the House of Representatives and the Senate a spend plan 
     specifying funding estimates and a timeline for such audits 
     and investigations:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

   TITLE VIII--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                                PROGRAMS

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $2,000,000, to remain available until September 
     30, 2022, for oversight of funds administered by the 
     Department of State and made available to prevent, prepare 
     for, and respond to coronavirus by this title and by prior 
     acts:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                    GENERAL PROVISIONS -- THIS TITLE

                     (including transfer of funds)

       Sec. 10801.  Section 21005 of the Emergency Appropriations 
     for Coronavirus Health Response and Agency Operations 
     (division B of Public Law 116-136) is amended by inserting at 
     the end before the period ``and is further amended by 
     striking `$5,563,619' in the second proviso under the heading 
     `Repatriation Loans Program Account' and inserting in lieu 
     thereof `$15,563,619' ''.
       Sec. 10802.  Section 21009 of the Emergency Appropriations 
     for Coronavirus Health Response and Agency Operations 
     (division B of Public Law 116-136) is amended by striking 
     ``fiscal year 2020'' and inserting in lieu thereof ``fiscal 
     years 2020 and 2021'':  Provided, That the amount provided by 
     this section is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                                TITLE IX

  TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                               operations

       For an additional amount for ``Operations'', $75,000,000, 
     to remain available until September 30, 2022, to prevent, 
     prepare for, and respond to coronavirus:  Provided, That 
     amounts made available under this heading in this Act shall 
     be derived from the general fund, of which not less than 
     $1,000,000 shall be for the Administrator to seek to enter 
     into an agreement not later than 45 days after the date of 
     enactment of this Act with a research organization 
     established under chapter 1503 of title 36, United States 
     Code, to conduct a study to determine whether the 
     environmental controls systems in commercial airliners 
     recirculate pathogens in the cabin air and to assess existing 
     and potential technological solutions to reduce pathogen 
     recirculation and to mitigate any elevated risk of exposure 
     to pathogens in the cabin air:  Provided further That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     Federal Highway Administration

                    highway infrastructure programs

       For an additional amount for ``Highway Infrastructure 
     Programs'', $15,000,000,000, to remain available until 
     expended:  Provided, That the funds made available under this 
     heading shall be derived from the general fund, shall be in 
     addition to any funds provided for fiscal year 2020 in this 
     or any other Act for ``Federal-aid Highways'' under chapters 
     1 or 2 of title 23, United States Code, and shall not affect 
     the distribution or amount of funds provided in any other 
     Act:  Provided further, That notwithstanding chapter 1 of 
     title 23, United States Code, or any other provision of law, 
     a State, territory, Puerto Rico, or Indian Tribe may use 
     funds made available under this heading in this Act for 
     activities eligible under section 133(b) of title 23, United 
     States Code, for administrative and operations expenses, 
     including salaries of employees (including those employees 
     who have been placed on administrative leave) or contractors, 
     information technology needs, and availability payments:  
     Provided further, That of the funds made available under this 
     heading, $14,775,000,000 shall be available for States, 
     $150,000,000 shall be available for the Tribal Transportation 
     Program, as described in section 202 of title 23, United 
     States Code, $60,000,000 shall be available for the Puerto 
     Rico Highway Program, as described in section 
     165(b)(2)(C)(iii) of such title; and $15,000,000 shall be 
     available for under the Territorial Highway Program, as 
     described in section 165(c)(6) of such title:  Provided 
     further, That for the purposes of funds made available under 
     this heading the term ``State'' means any of the 50 States or 
     the District of Columbia:  Provided further, That the funds 
     made available under this heading for States shall be 
     apportioned to States in the same ratio as the obligation 
     limitation for fiscal year 2020 was distributed among the 
     States in accordance with the formula specified in section 
     120(a)(5) of division H of Public Law 116-94 and shall be 
     apportioned not later than 30 days after the date of 
     enactment of this Act:  Provided further, That the funds made 
     available under this heading shall be administered as if 
     apportioned under chapter 1 of title 23, United States Code, 
     except that activities eligible under the Tribal 
     Transportation Program shall be administered as if allocated 
     under chapter 2 of title 23, United States Code:  Provided 
     further, That funds apportioned to a State under this heading 
     shall be suballocated within the State to areas described in 
     subsection 133(d)(1)(A)(i) of title 23, United States Code, 
     in the same ratio that funds suballocated to those areas for 
     fiscal year 2020 bears to the total amount of funds 
     apportioned to the State for the Federal-aid highway program 
     under section 104 of such title for fiscal year 2020:  
     Provided further, That of funds made available under this 
     heading for activities eligible under section 133(b) of title 
     23, United States Code, any such activity shall be subject to 
     the requirements of section 133(i) of such title:  Provided 
     further, That, except as provided in the following proviso, 
     the funds made available under this heading for activities 
     eligible under the Puerto Rico Highway Program and activities 
     eligible under the Territorial Highway Program shall be 
     administered as if allocated under sections 165(b) and 
     165(c), respectively, of such title:  Provided further, That 
     the funds made available under this heading for activities 
     eligible under the Puerto Rico Highway Program shall not be 
     subject to the requirements of sections 165(b)(2)(A) or 
     165(b)(2)(B) of such title:  Provided further, That for 
     amounts subject to the obligation limitation under the 
     heading ``Department of Transportation--Federal Highway 
     Administration--Federal-aid Highways--(Limitation on 
     Obligations)--(Highway Trust Fund)'' in Public Law 116-94 for 
     fiscal year 2020 that are obligated after the date of 
     enactment of this Act, and for any amounts made available 
     under this heading in this Act, the Federal share of the 
     costs shall be, at the option of the State, District of 
     Columbia, territory, Puerto Rico, or Indian Tribe, up to 100 
     percent, and may be available for administrative and 
     operations expenses, including salaries of employees 
     (including those employees who have been placed on 
     administrative leave) or contractors, information technology 
     needs, and availability payments:  Provided further, That 
     section 120(c) of Public Law 116-94 shall not apply for 
     fiscal year 2020, and that amounts that would otherwise have 
     been redistributed by section 120(c) shall be retained by 
     States and shall be available for their original purpose 
     until September 30, 2021, except that such amounts shall be 
     subject to such redistribution in fiscal year 2021:  Provided 
     further, That amounts made available under section 147 of 
     title 23, United States Code, for fiscal years 2019 and 2020 
     are available for the administrative and operating expenses 
     of eligible entities related to the response to a coronavirus 
     public health emergency beginning on January 20, 2020, 
     reimbursement for administrative and operating costs to 
     maintain service including the purchase of personal 
     protective equipment, and paying the administrative leave of 
     operations personnel due to reductions in service:  Provided 
     further, That funds made available for administrative and 
     operating expenses authorized for fiscal year 2020 in Public 
     Law 116-94 or in this Act under this heading are not required 
     to be included in a transportation improvement program or a 
     statewide transportation improvement program under sections 
     134 or 135 of title 23, United States Code, or chapter 53 of 
     title 49, United States Code, as applicable:  Provided 
     further, That unless otherwise specified, applicable 
     requirements under title 23, United States Code, shall apply 
     to funds made available under this heading:  Provided 
     further,

[[Page H2057]]

     That the Administrator of the Federal Highway Administration 
     may retain up to one half of one percent of the funds made 
     available under this heading to fund the oversight by the 
     Administrator of activities carried out with funds made 
     available under this heading:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     Federal Transit Administration

                 public transportation emergency relief

       For an additional amount for ``Public Transportation 
     Emergency Relief'', $15,750,000,000, to remain available 
     until expended, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That of the amounts appropriated 
     under this heading in this Act--
       (1) $11,750,000,000 shall be for grants to urbanized areas 
     with populations over 3,000,000 and shall be allocated in the 
     same ratio as funds were provided in fiscal year 2020:  
     Provided, That 15 percent of the amounts provided in this 
     paragraph shall be allocated as if such funds were provided 
     under section 5307 of title 49, United States Code and 
     apportioned in accordance with section 5336 of such title 
     (other than subsection (b)(3) and (c)(1)(A)) and 85 percent 
     of the amounts provided in this paragraph shall be allocated 
     under section 5337 of such title and apportioned in 
     accordance with such section:  Provided further, That funds 
     provided under section 5337 shall be added to funds 
     apportioned under section 5307 for administration in 
     accordance with provisions under section 5307:  Provided 
     further, That for urbanized areas with multiple 
     subrecipients, funds provided under section 5337 in this 
     paragraph shall be distributed among subrecipients using the 
     same ratio used to distribute funds made available for 
     section 5337 in fiscal year 2020; and
       (2) $4,000,000,000 shall be for grants to transit agencies 
     that, as a result of coronavirus, require significant 
     additional assistance to maintain basic transit services:  
     Provided, That such funds shall be administered as if they 
     were provided under section 5324 of title 49, United States 
     Code:  Provided further, That any recipient or subrecipient 
     of funds under chapter 53 of title 49, United States Code, or 
     an intercity bus service provider that has, since October 1, 
     2018, partnered with a recipient or subrecipient in order to 
     meet the requirements of section 5311(f) of such title shall 
     be eligible to directly apply for funds under this paragraph: 
      Provided further, That entities that are subrecipients of 
     funds under chapter 53 of title 49 and have partnered with a 
     recipient or subrecipient in order to meet the requirements 
     of section 5311(f) of such title shall be eligible to receive 
     not more than 18.75 percent of the total funds provided under 
     this paragraph:  Provided further, That such entities shall 
     use assistance provided under this heading only for workforce 
     retention or, the recall or rehire of any laid off, 
     furloughed, or terminated employee, associated with the 
     provision of bus service:  Provided further, That, the 
     Secretary shall issue a Notice of Funding Opportunity not 
     later than 30 days after the date of enactment of this Act 
     and that such Notice of Funding Opportunity shall require 
     application submissions not later than 45 days after the 
     enactment of this Act:  Provided further, That the Secretary 
     shall make awards not later than 45 days after the 
     application deadline:  Provided further, That the Secretary 
     shall require grantees to provide estimates of financial 
     need, data on reduced ridership, and a spending plan for 
     funds:  Provided further, That when evaluating applications 
     for assistance, the Secretary shall give priority to transit 
     agencies with the largest revenue loss as a percentage of 
     their operating expenses:  Provided further, That if 
     applications for assistance do not exceed available funds, 
     the Secretary shall reserve the remaining amounts for 
     grantees to prevent, prepare for, and respond to coronavirus 
     and shall accept applications on a rolling basis:  Provided 
     further, That if amounts made available under this heading in 
     this Act remain unobligated on December 31, 2021, such 
     amounts shall be available for any purpose eligible under 
     section 5324 of title 49, United States Code:
       Provided further, That the provision of funds under this 
     section shall not affect the ability of any other agency of 
     the Government, including the Federal Emergency Management 
     Agency, or State agency, a local governmental entity, 
     organization, or person, to provide any other funds otherwise 
     authorized by law:  Provided further, That notwithstanding 
     subsection (a)(1) or (b) of section 5307 of title 49, United 
     States Code, subsection (a)(1) of section 5324 of such title, 
     or any provision of chapter 53 of title 49, funds provided 
     under this heading in this Act are available for the 
     operating expenses of transit agencies related to the 
     response to a coronavirus public health emergency, including, 
     beginning on January 20, 2020, reimbursement for operating 
     costs to maintain service and lost revenue due to the 
     coronavirus public health emergency, including the purchase 
     of personal protective equipment, and paying the 
     administrative leave of operations or contractor personnel 
     due to reductions in service:  Provided further, That to the 
     maximum extent possible, funds made available under this 
     heading in this Act and in title XII of division B of the 
     CARES Act (Public Law 116-136) shall be directed to payroll 
     and public transit service, unless the recipient certifies to 
     the Secretary they have not furloughed any employees:  
     Provided further, That such operating expenses are not 
     required to be included in a transportation improvement 
     program, long-range transportation plan, statewide 
     transportation plan, or a statewide transportation 
     improvement program:  Provided further, That the Secretary 
     shall not waive the requirements of section 5333 of title 49, 
     United States Code, for funds appropriated under this heading 
     in this Act:  Provided further, That unless otherwise 
     specified, applicable requirements under chapter 53 of title 
     49, United States Code, shall apply to funding made available 
     under this heading in this Act, except that the Federal share 
     of the costs for which any grant is made under this heading 
     in this Act shall be, at the option of the recipient, up to 
     100 percent:  Provided further, That the amount made 
     available under this heading in this Act shall be derived 
     from the general fund and shall not be subject to any 
     limitation on obligations for transit programs set forth in 
     any Act:  Provided further, That not more than one-half of 
     one percent of the funds for transit infrastructure grants 
     provided under this heading in this Act shall be available 
     for administrative expenses and ongoing program management 
     oversight as authorized under sections 5334 and 5338(f)(2) of 
     title 49, United States Code, and shall be in addition to any 
     other appropriations for such purpose:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

       For an additional amount for ``Tenant-Based Rental 
     Assistance'', $4,000,000,000, to remain available until 
     expended, and to be used under the same authority and 
     conditions as the additional appropriations for fiscal year 
     2020 under this heading in title XII of division B of the 
     CARES Act (Public Law 116-136), except that any amounts 
     provided for administrative expenses and other expenses of 
     public housing agencies for their section 8 programs, 
     including Mainstream vouchers, under this heading in the 
     CARES Act (Public Law 116-136) and under this heading in this 
     Act shall also be available for Housing Assistance Payments 
     under section 8(o) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)):  Provided, That amounts made available 
     under this heading in this Act and under the same heading in 
     title XII of division B of the CARES Act may be used to cover 
     or reimburse allowable costs incurred to prevent, prepare 
     for, and respond to coronavirus regardless of the date on 
     which such costs were incurred:  Provided further, That of 
     the amounts made available under this heading in this Act, 
     $500,000,000 shall be available for administrative expenses 
     and other expenses of public housing agencies for their 
     section 8 programs, including Mainstream vouchers:  Provided 
     further, That of the amounts made available under this 
     heading in this Act, $2,500,000,000 shall be available for 
     adjustments in the calendar year 2020 section 8 renewal 
     funding allocations, including Mainstream vouchers, for 
     public housing agencies that experience a significant 
     increase in voucher per-unit costs due to extraordinary 
     circumstances or that, despite taking reasonable cost savings 
     measures, as determined by the Secretary, would otherwise be 
     required to terminate rental assistance for families as a 
     result of insufficient funding:  Provided further, That of 
     the amounts made available under this heading in this Act, 
     $1,000,000,000 shall be used for incremental rental voucher 
     assistance under section 8(o) of the United States Housing 
     Act of 1937 for use by individuals and families who are--
     homeless, as defined under section 103(a) of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11302(a)); at risk 
     of homelessness, as defined under section 401(1) of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); 
     or fleeing, or attempting to flee, domestic violence, dating 
     violence, sexual assault, or stalking:  Provided further, 
     That the Secretary shall allocate amounts made available in 
     the preceding proviso to public housing agencies not later 
     than 60 days after the date of enactment of this Act, 
     according to a formula that considers the ability of the 
     public housing agency to use vouchers promptly and the need 
     of geographical areas based on factors to be determined by 
     the Secretary, such as risk of transmission of coronavirus, 
     high numbers or rates of sheltered and unsheltered 
     homelessness, and economic and housing market conditions:  
     Provided further, That if a public housing authority elects 
     not to administer or does not promptly issue all of its 
     authorized vouchers within a reasonable period of time, the 
     Secretary shall reallocate any unissued vouchers and 
     associated funds to other public housing agencies according 
     to the criteria in the preceding proviso:  Provided further, 
     That a public housing agency shall not reissue any vouchers 
     under this heading in this Act for incremental rental voucher 
     assistance when assistance for the family initially assisted 
     is terminated:  Provided further, That upon termination of 
     incremental rental voucher assistance under this heading in 
     this Act for one or more families assisted by a public 
     housing agency, the Secretary shall reallocate amounts that 
     are no longer needed by such public housing agency for 
     assistance under this heading in this Act to another public 
     housing agency for the renewal of vouchers previously 
     authorized under this heading in this Act:  Provided further, 
     That amounts made available in this paragraph are in addition 
     to any other amounts made available for such purposes:  
     Provided further, That up to 0.5 percent of the amounts made 
     available under this heading in this Act may be transferred, 
     in aggregate, to ``Department of Housing and Urban 
     Development, Program Offices--Public and Indian Housing'' to 
     supplement existing resources for the necessary costs of 
     administering and overseeing the obligation and expenditure 
     of these amounts, to remain available until September 30, 
     2024:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section

[[Page H2058]]

     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     public housing operating fund

                     (including transfer of funds)

       For an additional amount for ``Public Housing Operating 
     Fund'', as authorized by section 9(e) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437g(e)), $2,000,000,000, to 
     remain available until September 30, 2021, and to be used 
     under the same authority and conditions as the additional 
     appropriations for fiscal year 2020 under this heading in 
     title XII of division B of the CARES Act (Public Law 116-
     136):  Provided, That amounts made available under this 
     heading in this Act and under the same heading in title XII 
     of division B of the CARES Act may be used to cover or 
     reimburse allowable costs incurred to prevent, prepare for, 
     and respond to coronavirus regardless of the date on which 
     such costs were incurred:  Provided further, That up to 0.5 
     percent of the amounts made available under this heading in 
     this Act may be transferred, in aggregate, to ``Department of 
     Housing and Urban Development, Program Offices--Public and 
     Indian Housing'' to supplement existing resources for the 
     necessary costs of administering and overseeing the 
     obligation and expenditure of these amounts, to remain 
     available until September 30, 2024:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                   Community Planning and Development

              housing opportunities for persons with aids

       For an additional amount for ``Housing Opportunities for 
     Persons with AIDS'', $15,000,000, to remain available until 
     September 30, 2021, and to be used under the same authority 
     and conditions as the additional appropriations for fiscal 
     year 2020 under this heading in title XII of division B of 
     the CARES Act (Public Law 116-136):  Provided, That amounts 
     provided under this heading in this Act that are allocated 
     pursuant to section 854(c)(5) of the AIDS Housing Opportunity 
     Act (42 U.S.C. 12901 et seq.) shall remain available until 
     September 30, 2022:  Provided further, That not less than 
     $15,000,000 of the amount provided under this heading in this 
     Act shall be allocated pursuant to the formula in section 854 
     of such Act using the same data elements as utilized pursuant 
     to that same formula in fiscal year 2020:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                       community development fund

                     (including transfer of funds)

       For an additional amount for ``Community Development 
     Fund'', $5,000,000,000, to remain available until September 
     30, 2023, and to be used under the same authority and 
     conditions as the additional appropriations for fiscal year 
     2020 under this heading in title XII of division B of the 
     CARES Act (Public Law 116-136):  Provided, That such amount 
     made available under this heading in this Act shall be 
     distributed pursuant to section 106 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5306) to 
     grantees that received allocations pursuant to such formula 
     in fiscal year 2020, and that such allocations shall be made 
     within 30 days of enactment of this Act:  Provided further, 
     That in administering funds under this heading, an urban 
     county shall consider needs throughout the entire urban 
     county configuration to prevent, prepare for, and respond to 
     coronavirus:  Provided further, That up to $100,000,000 of 
     amounts made available under this heading in this Act may be 
     used to make new awards or increase prior awards to existing 
     technical assistance providers:  Provided further, That of 
     the amounts made available under this heading in this Act, up 
     to $25,000,000 may be transferred to ``Department of Housing 
     and Urban Development, Program Offices--Community Planning 
     and Development'' for necessary costs of administering and 
     overseeing the obligation and expenditure of amounts under 
     this heading in this Act, to remain available until September 
     30, 2028:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                       homeless assistance grants

                     (including transfer of funds)

       For an additional amount for ``Homeless Assistance 
     Grants'', $11,500,000,000, to remain available until 
     September 30, 2025, for the Emergency Solutions Grants 
     program as authorized under subtitle B of title IV of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et 
     seq.), as amended, and to be used under the same authority 
     and conditions as the additional appropriations for fiscal 
     year 2020 under this heading in title XII of division B of 
     the CARES Act (Public Law 116-136):  Provided, That 
     $4,000,000,000 of the amount made available under this 
     heading in this Act shall be distributed pursuant to 24 CFR 
     576.3 to grantees that received allocations pursuant to that 
     same formula in fiscal year 2020, and that such allocations 
     shall be made within 30 days of enactment of this Act:  
     Provided further, That, in addition to amounts allocated in 
     the preceding proviso, remaining amounts shall be allocated 
     directly to a State or unit of general local government by 
     the formula specified in the third proviso under this heading 
     in title XII of division B of the CARES Act (Public Law 116-
     136):  Provided further, That not later than 90 days after 
     the date of enactment of this Act and every 60 days 
     thereafter, the Secretary shall allocate a minimum of an 
     additional $500,000,000, pursuant to the formula referred to 
     in the preceding proviso, based on the best available data:  
     Provided further, That up to 0.5 percent of the amounts made 
     available under this heading in this Act may be transferred 
     to ``Department of Housing and Urban Development--Program 
     Offices--Community Planning and Development'' for necessary 
     costs of administering and overseeing the obligation and 
     expenditure of amounts under this heading in this Act, to 
     remain available until September 30, 2030:  Provided further, 
     That funds made available under this heading in this Act and 
     under this heading in title XII of division B of the CARES 
     Act (Public Law 116-136) may be used for eligible activities 
     the Secretary determines to be critical in order to assist 
     survivors of domestic violence, sexual assault, dating 
     violence, and stalking or to assist homeless youth, age 24 
     and under:  Provided further, That amounts repurposed by this 
     paragraph that were previously designated by the Congress as 
     an emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                      emergency rental assistance

       For activities and assistance authorized in section 110201, 
     $100,000,000,000, to remain available until expended:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                            Housing Programs

                    project-based rental assistance

       For an additional amount for ``Project-Based Rental 
     Assistance'', $750,000,000, to remain available until 
     expended, and to be used under the same authority and 
     conditions as the additional appropriations for fiscal year 
     2020 under this heading in title XII of division B of the 
     CARES Act (Public Law 116-136):  Provided, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        housing for the elderly

       For an additional amount for ``Housing for the Elderly'', 
     $500,000,000, to remain available until September 30, 2023, 
     and to be used under the same authority and conditions as the 
     additional appropriations for fiscal year 2020 under this 
     heading in title XII of division B of the CARES Act (Public 
     Law 116-136):  Provided, That notwithstanding the first 
     proviso under this heading in the CARES Act, $300,000,000 of 
     the amount made available under this heading in this Act 
     shall be for one-time grants for service coordinators, as 
     authorized under section 676 of the Housing and Community 
     Development Act of 1992 (42 U.S.C. 13632), and the 
     continuation of existing congregate service grants for 
     residents of assisted housing projects:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                  housing for persons with disabilities

       For an additional amount for ``Housing for Persons with 
     Disabilities'', $200,000,000, to remain available until 
     September 30, 2023, and to be used under the same authority 
     and conditions as the additional appropriations for fiscal 
     year 2020 under this heading in title XII of division B of 
     the CARES Act (Public Law 116-136):  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     housing counseling assistance

       For an additional amount for ``Housing Counseling 
     Assistance'', for contracts, grants, and other assistance 
     excluding loans, as authorized under section 106 of the 
     Housing and Urban Development Act of 1968, $100,000,000, to 
     remain available until September 30, 2022, including up to 
     $8,000,000 for administrative contract services:  Provided, 
     That funds made available under this heading in this Act 
     shall be used for providing counseling and advice to tenants 
     and homeowners, both current and prospective, with respect to 
     property maintenance, financial management or literacy, 
     foreclosure and eviction mitigation, and such other matters 
     as may be appropriate to assist them in improving their 
     housing conditions, meeting their financial needs, and 
     fulfilling the responsibilities of tenancy or homeownership; 
     for program administration; and for housing counselor 
     training:  Provided further, That amounts made available 
     under this heading in this Act may be used to purchase 
     equipment and technology to deliver services through use of 
     the Internet or other electronic or virtual means in response 
     to the public health emergency related to the Coronavirus 
     Disease 2019 (COVID-19) pandemic:  Provided further, That for 
     purposes of providing such grants from amounts provided under 
     this heading, the Secretary may enter into multiyear 
     agreements, as appropriate, subject to the availability of 
     annual appropriations:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                   Fair Housing and Equal Opportunity

                        fair housing activities

       For an additional amount for ``Fair Housing Activities'', 
     $14,000,000, to remain available until

[[Page H2059]]

     September 30, 2022, and to be used under the same authority 
     and conditions as the additional appropriations for fiscal 
     year 2020 under this heading in title XII of division B of 
     the CARES Act (Public Law 116-136):  Provided, That of the 
     funds made available under this heading in this Act, 
     $4,000,000 shall be for Fair Housing Organization Initiative 
     grants through the Fair Housing Initiatives Program (FHIP), 
     made available to existing grantees, which may be used for 
     fair housing activities and for technology and equipment 
     needs to deliver services through use of the Internet or 
     other electronic or virtual means in response to the public 
     health emergency related to the Coronavirus Disease 2019 
     (COVID-19) pandemic:  Provided further, That of the funds 
     made available under this heading in this Act, $10,000,000 
     shall be for FHIP Education and Outreach grants made 
     available to previously-funded national media grantees and 
     State and local education and outreach grantees, to educate 
     the public and the housing industry about fair housing rights 
     and responsibilities during the COVID-19 pandemic:  Provided 
     further, That such grants in the preceding proviso shall be 
     divided evenly between the national media campaign and 
     education and outreach activities:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     GENERAL PROVISIONS--THIS TITLE

                        (including Rescissions)

       Sec. 10901.  There is hereby appropriated from the General 
     Fund of the Treasury, for payment to the Airport and Airway 
     Trust Fund, an amount equal to the amount authorized by 
     section 9502(c) of title 26, United States Code.
       Sec. 10902.  Amounts previously made available in the 
     Further Continuing Appropriations Act, 2013 (Public Law 113-
     6) for the heading ``Department of Housing and Urban 
     Development--Public and Indian Housing--Choice Neighborhoods 
     Initiative'' shall remain available for expenditure for the 
     purpose of paying valid obligations incurred prior to the 
     expiration of such amounts through September 30, 2021.
       Sec. 10903.  The provision under the heading ``Office of 
     the Inspector General--Salaries and Expenses'' in title XII 
     of division B of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136) is amended by striking 
     ``with funds made available in this Act to'' and inserting 
     ``by'':  Provided, That the amounts repurposed in this 
     section that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 10904. (a) Notwithstanding section 51309(a)(1)(B) of 
     title 46, United States Code, for fiscal year 2020, the 
     Secretary of Transportation may confer the degree of bachelor 
     of science on an individual who has not passed the 
     examination for a merchant marine officer's license due to 
     intervening efforts to prevent, prepare for, and respond to 
     coronavirus.
       (b) The Secretary of Transportation may provide such 
     individual up to 1 year after receipt of such degree to pass 
     the examination for a merchant marine officer's license.
       (c) Nothing in this section shall be construed to allow the 
     provision of a license under section 7101 of title 46, United 
     States Code, to an individual who has not passed the required 
     examination.
       Sec. 10905. (a) Notwithstanding section 51506(a)(3) of 
     title 46, United States Code, for fiscal year 2020, the 
     Secretary of Transportation may allow a State maritime 
     academy to waive a condition for graduation for an individual 
     to pass the examination required for the issuance of a 
     license under section 7101 of title 46, United States Code, 
     due to intervening efforts to prevent, prepare for, and 
     respond to coronavirus.
       (b) The Secretary of Transportation may provide such 
     individual up to 1 year after graduation to pass such 
     examination.
       (c) Nothing in this section shall be construed to allow the 
     provision of a license under section 7101 of title 46, United 
     States Code, to an individual who has not passed the required 
     examination.
       Sec. 10906. 
       Amounts made available under the headings ``Project-Based 
     Rental Assistance,'' ``Housing for the Elderly'' and 
     ``Housing for Persons With Disabilities'' in title XII of 
     division B of the CARES Act (Public Law 116-136) and under 
     such headings in this title of this Act may be used, 
     notwithstanding any other provision of law, to provide 
     additional funds to maintain operations for such housing, for 
     providing supportive services, and for taking other necessary 
     actions to prevent, prepare for, and respond to coronavirus, 
     including to actions to self-isolate, quarantine, or to 
     provide other coronavirus infection control services as 
     recommended by the Centers for Disease Control and 
     Prevention, including providing relocation services for 
     residents of such housing to provide lodging at hotels, 
     motels, or other locations:  Provided, That the amounts 
     repurposed pursuant to this section that were previously 
     designated by the Congress as an emergency requirement 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 are designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                                TITLE X

                   GENERAL PROVISIONS--THIS DIVISION

       Sec. 11001.  Not later than 30 days after the date of 
     enactment of this Act, the head of each executive agency that 
     receives funding in any division of this Act, or that 
     received funding in the Coronavirus Preparedness and Response 
     Supplemental Appropriations Act, 2020 (division A of Public 
     Law 116-123), the Second Coronavirus Preparedness and 
     Response Supplemental Appropriations Act, 2020 (division A of 
     Public Law 116-127), the CARES Act (Public Law 116-136), or 
     the Paycheck Protection Program and Health Care Enhancement 
     Act (Public Law 116-139) shall provide a report detailing the 
     anticipated uses of all such funding to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided, That each report shall include estimated 
     personnel and administrative costs, as well as the total 
     amount of funding apportioned, allotted, obligated, and 
     expended, to date:  Provided further, That each such report 
     shall be updated and submitted to such Committees every 60 
     days until all funds are expended or expire:  Provided 
     further, That reports submitted pursuant to this section 
     shall satisfy the requirements of section 1701 of division A 
     of Public Law 116-127.
       Sec. 11002.  Each amount appropriated or made available by 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 11003.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 11004.  Unless otherwise provided for by this Act, the 
     additional amounts appropriated by this Act to appropriations 
     accounts shall be available under the authorities and 
     conditions applicable to such appropriations accounts for 
     fiscal year 2020.
       Sec. 11005.  Each amount designated in this Act by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 shall be available (or rescinded 
     or transferred, if applicable) only if the President 
     subsequently so designates all such amounts and transmits 
     such designations to the Congress.
       Sec. 11006.  Any amount appropriated by this Act, 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 and subsequently so 
     designated by the President, and transferred pursuant to 
     transfer authorities provided by this Act shall retain such 
     designation.
       Sec. 11007. (a) Any contract or agreement entered into by 
     an agency with a State or local government or any other non-
     Federal entity for the purposes of providing covered 
     assistance, including any information and documents related 
     to the performance of and compliance with such contract or 
     agreement, shall be--
       (1) deemed an agency record for purposes of section 
     552(f)(2) of title 5, United States Code; and
       (2) subject to section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act'').
       (b) In this section--
       (1) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code; and
       (2) the term ``covered assistance''--
       (A) means any assistance provided by an agency in 
     accordance with an Act or amendments made by an Act to 
     provide aid, assistance, or funding related to the outbreak 
     of COVID-19 that is enacted before, on, or after the date of 
     enactment of this Act; and
       (B) includes any such assistance made available by an 
     agency under--
       (i) this Act;
       (ii) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139), or an amendment made by 
     that Act;
       (iii) the CARES Act (Public Law 116-136), or an amendment 
     made by that Act;
       (iv) the Families First Coronavirus Response Act (Public 
     Law 116-127), or an amendment made by that Act; or
       (v) the Coronavirus Preparedness and Response Supplemental 
     Appropriations Act, 2020 (Public Law 116-123), or an 
     amendment made by that Act.
       Sec. 11008. (a) Notwithstanding any other provision of law 
     and in a manner consistent with other provisions in any 
     division of this Act, all laborers and mechanics employed by 
     contractors and subcontractors on projects funded directly by 
     or assisted in whole or in part by and through the Federal 
     Government pursuant to any division of this Act shall be paid 
     wages at rates not less than those prevailing on projects of 
     a character similar in the locality as determined by the 
     Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of title 40, United States Code. With respect to 
     the labor standards specified in this section, the Secretary 
     of Labor shall have the authority and functions set forth in 
     Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 
     U.S.C. App.) and section 3145 of title 40, United States 
     Code.
       (b) The amounts provided by this section are designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.


                           budgetary effects

       Sec. 11009.  (a) Statutory PAYGO Emergency Designation.--
     The amounts provided under division B and each succeeding 
     division are designated as an emergency requirement pursuant 
     to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 933(g)), and the budgetary effects shall not be 
     entered on either PAYGO scorecard maintained pursuant to 
     section 4(d) of such Act.
       (b) Senate PAYGO Emergency Designation.--In the Senate, 
     division B and each succeeding division are designated as an 
     emergency requirement pursuant to section 4112(a) of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018, and the budgetary effects shall 
     not be entered

[[Page H2060]]

     on any PAYGO scorecard maintained for purposes of section 
     4106 of such concurrent resolution.
       (c) Classification of Budgetary Effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(8) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, the budgetary effects of division B and each succeeding 
     division shall not be estimated--
       (1) shall not be estimated for purposes of section 251 of 
     such Act; and
       (2) for purposes of paragraph (4)(C) of section 3 of the 
     Statutory Pay As-You-Go Act of 2010 as being included in an 
     appropriation Act.
       (d) Ensuring No Within-Session Sequestration.--Solely for 
     the purpose of calculating a breach within a category for 
     fiscal year 2020 pursuant to section 251(a)(6) or section 
     254(g) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985, and notwithstanding any other provision of this 
     division, the budgetary effects from this division shall be 
     counted as amounts designated as being for an emergency 
     requirement pursuant to section 251(b)(2)(A) of such Act.
       
       This division may be cited as the ``Coronavirus Recovery 
     Supplemental Appropriations Act, 2020''.

                     DIVISION B--REVENUE PROVISIONS

     SEC. 20001. SHORT TITLE.

       This division may be cited as the ``Worker Health Coverage 
     Protection Act''.

                       TITLE I--ECONOMIC STIMULUS

             Subtitle A--2020 Recovery Rebate Improvements

     SEC. 20101. DEPENDENTS TAKEN INTO ACCOUNT IN DETERMINING 
                   CREDIT AND REBATES.

       (a) In General.--Section 6428(a)(2) of the Internal Revenue 
     Code of 1986 is amended by striking ``qualifying children 
     (within the meaning of section 24(c))'' and inserting 
     ``dependents (as defined in section 152)''.
       (b) Conforming Amendments.--
       (1) Section 6428(g) of such Code is amended by striking 
     ``qualifying child'' each place it appears and inserting 
     ``dependent''.
       (2) Section 6428(g)(2)(B) of such Code is amended by 
     striking ``such child'' and inserting ``such dependent''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 2201 of the CARES 
     Act.

     SEC. 20102. INDIVIDUALS PROVIDING TAXPAYER IDENTIFICATION 
                   NUMBERS TAKEN INTO ACCOUNT IN DETERMINING 
                   CREDIT AND REBATES.

       (a) In General.--Section 6428(g) of the Internal Revenue 
     Code of 1986, as amended by section 20101 of this Act, is 
     amended to read as follows:
       ``(g) Identification Number Requirement.--
       ``(1) In general.--The $1,200 amount in subsection (a)(1) 
     shall be treated as being zero unless the taxpayer includes 
     the TIN of the taxpayer on the return of tax for the taxable 
     year.
       ``(2) Joint returns.--In the case of a joint return, the 
     $2,400 amount in subsection (a)(1) shall be treated as 
     being--
       ``(A) zero if the TIN of neither spouse is included on the 
     return of tax for the taxable year, and
       ``(B) $1,200 if the TIN of only one spouse is so included.
       ``(3) Dependents.--A dependent shall not be taken into 
     account under subsection (a)(2) unless the TIN of such 
     dependent is included on the return of tax for the taxable 
     year.
       ``(4) Coordination with certain advance payments.--In the 
     case of any payment made pursuant to subsection (f)(5)(B), a 
     TIN shall be treated for purposes of this subsection as 
     included on the taxpayer's return of tax if such TIN is 
     provided pursuant to such subsection.
       ``(5) Mathematical or clerical error authority.--Any 
     omission of a correct TIN required under this subsection 
     shall be treated as a mathematical or clerical error for 
     purposes of applying section 6213(g)(2) to such omission.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 2201 of the CARES 
     Act.

     SEC. 20103. 2020 RECOVERY REBATES NOT SUBJECT TO REDUCTION OR 
                   OFFSET WITH RESPECT TO PAST-DUE SUPPORT.

       (a) In General.--Section 2201(d)(2) of the CARES Act is 
     amended by inserting ``(c),'' before ``(d)''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to credits and refunds allowed or made after the 
     date of the enactment of this Act.

     SEC. 20104. PROTECTION OF 2020 RECOVERY REBATES.

       (a) In General.--Subsection (d) of section 2201 of the 
     CARES Act, as amended by the preceding provisions of this 
     Act, is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), and by moving such 
     subparagraphs 2 ems to the right,
       (2) by striking ``Reduction or Offset.--Any credit'' and 
     inserting ``Reduction, Offset, Garnishment, etc.--
       ``(1) In general.--Any credit'', and
       (3) by adding at the end the following new paragraphs:
       ``(2) Assignment of benefits.--
       ``(A) In general.--Any applicable payment shall not be 
     subject to transfer, assignment, execution, levy, attachment, 
     garnishment, or other legal process, or the operation of any 
     bankruptcy or insolvency law, to the same extent as payments 
     described in section 207 of the Social Security Act (42 
     U.S.C. 407) without regard to subsection (b) thereof.
       ``(B) Encoding of payments.--As soon as practicable after 
     the date of the enactment of this paragraph, the Secretary of 
     the Treasury shall encode applicable payments that are paid 
     electronically to any account--
       ``(i) with a unique identifier that is reasonably 
     sufficient to allow a financial institution to identify the 
     payment as a payment protected under subparagraph (A), and
       ``(ii) pursuant to the same specifications as required for 
     a benefit payment to which part 212 of title 31, Code of 
     Federal regulations applies.
       ``(C) Garnishment.--
       ``(i) Encoded payments.--Upon receipt of a garnishment 
     order that applies to an account that has received an 
     applicable payment that is encoded as provided in 
     subparagraph (B), a financial institution shall follow the 
     requirements and procedures set forth in part 212 of title 
     31, Code of Federal Regulations. This paragraph shall not 
     alter the status of payments as tax refunds or other 
     nonbenefit payments for purpose of any reclamation rights of 
     the Department of Treasury or the Internal Revenue Service as 
     per part 210 of title 31 of the Code of Federal Regulations.
       ``(ii) Other payments.--If a financial institution receives 
     a garnishment order (other than an order that has been served 
     by the United States) that applies to an account into which 
     an applicable payment that has not been encoded as provided 
     in subparagraph (B) has been deposited on any date in the 
     prior 60 days (including any date before the date of the 
     enactment of this paragraph), the financial institution, upon 
     the request of the account holder or for purposes of 
     complying in good faith with a State order, State law, court 
     order, or interpretation by a State Attorney General relating 
     to garnishment order, may, but is not required to, treat the 
     amount of the payment as exempt under law from garnishment 
     without requiring the account holder to assert any right of 
     garnishment exemption or requiring the consent of the 
     judgment creditor.
       ``(iii) Liability.--A financial institution that complies 
     in good faith with clause (i) or that acts in good faith in 
     reliance on clause (ii) shall not be liable under any Federal 
     or State law, regulation, or court or other order to a 
     creditor that initiates an order for any protected amounts, 
     to an account holder for any frozen amounts or garnishment 
     order applied.
       ``(D) Definitions.--For purposes of this paragraph--
       ``(i) Account holder.--The term `account holder' means a 
     natural person against whom a garnishment order is issued and 
     whose name appears in a financial institution's records.
       ``(ii) Applicable payment.--The term `applicable payment' 
     means any payment of credit or refund by reason of section 
     6428 of such Code (as so added) or by reason of subsection 
     (c) of this section.
       ``(iii) Garnishment.--The term `garnishment' means 
     execution, levy, attachment, garnishment, or other legal 
     process.
       ``(iv) Garnishment order.--The term `garnishment order' 
     means a writ, order, notice, summons, judgment, levy, or 
     similar written instruction issued by a court, a State or 
     State agency, a municipality or municipal corporation, or a 
     State child support enforcement agency, including a lien 
     arising by operation of law for overdue child support or an 
     order to freeze the assets in an account, to effect a 
     garnishment against a debtor.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 20105. PAYMENTS TO REPRESENTATIVE PAYEES AND 
                   FIDUCIARIES.

       (a) In General.--Section 6428(f) of the Internal Revenue 
     Code of 1986 is amended by redesignating paragraph (6) as 
     paragraph (7) and by inserting after paragraph (5) the 
     following new paragraph:
       ``(6) Payment to representative payees and fiduciaries.--
       ``(A) In general.--In the case of any individual for which 
     payment information is provided to the Secretary by the 
     Commissioner of Social Security, the Railroad Retirement 
     Board, or the Secretary of Veterans Affairs, the payment by 
     the Secretary under paragraph (3) with respect to such 
     individual may be made to such individual's representative 
     payee or fiduciary and the entire payment shall be--
       ``(i) provided to the individual who is entitled to the 
     payment, or
       ``(ii) used only for the benefit of the individual who is 
     entitled to the payment.
       ``(B) Application of enforcement provisions.--
       ``(i) In the case of a payment described in subparagraph 
     (A) which is made with respect to a social security 
     beneficiary or a supplemental security income recipient, 
     section 1129(a)(3) of the Social Security Act (42 U.S.C. 
     1320a-8(a)(3)) shall apply to such payment in the same manner 
     as such section applies to a payment under title II or XVI of 
     such Act.
       ``(ii) In the case of a payment described in subparagraph 
     (A) which is made with respect to a railroad retirement 
     beneficiary, section 13 of the Railroad Retirement Act (45 
     U.S.C. 231l) shall apply to such payment in the same manner 
     as such section applies to a payment under such Act.
       ``(iii) In the case of a payment described in subparagraph 
     (A) which is made with respect to a veterans beneficiary, 
     sections 5502, 6106, and 6108 of title 38, United States 
     Code, shall apply to such payment in the same manner as such 
     sections apply to a payment under such title.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 2201 of the CARES 
     Act.

     SEC. 20106. APPLICATION TO TAXPAYERS WITH RESPECT TO WHOM 
                   ADVANCE PAYMENT HAS ALREADY BEEN MADE.

       In the case of any taxpayer with respect to whom refund or 
     credit was made or allowed before the date of the enactment 
     of this Act under subsection (f) of section 6428 of the 
     Internal

[[Page H2061]]

     Revenue Code of 1986 (as added by the CARES Act), such 
     subsection shall be applied separately with respect to the 
     excess (if any) of--
       (1) the advance refund amount determined under section 
     6428(f)(2) of such Code after the application of the 
     amendments made by this subtitle, over
       (2) the amount of such refund or credit so made or allowed.

         Subtitle B--Additional Recovery Rebates to Individuals

     SEC. 20111. ADDITIONAL RECOVERY REBATES TO INDIVIDUALS.

       (a) In General.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 is amended by inserting after section 
     6428 the following new section:

     ``SEC. 6428A. ADDITIONAL RECOVERY REBATES TO 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 additional rebate amount determined for 
     such taxable year.
       ``(b) Additional Rebate Amount.--For purposes of this 
     section, the term `additional rebate amount' means, with 
     respect to any taxpayer for any taxable year, the sum of--
       ``(1) $1,200 ($2,400 in the case of a joint return), plus
       ``(2) $1,200 multiplied by the number of dependents of the 
     taxpayer for such taxable year (not in excess of 3 such 
     dependents).
       ``(c) 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.
       ``(d) Limitation Based on Modified Adjusted Gross Income.--
     The amount of the credit allowed by subsection (a) 
     (determined without regard to this subsection and subsection 
     (f)) shall be reduced (but not below zero) by 5 percent of so 
     much of the taxpayer's modified adjusted gross income as 
     exceeds--
       ``(1) $150,000 in the case of a joint return or a surviving 
     spouse (as defined in section 2(a)),
       ``(2) $112,500 in the case of a head of household (as 
     defined in section 2(b)), and
       ``(3) $75,000 in any other case.
       ``(e) Definitions and Special Rules.--
       ``(1) Modified adjusted gross income.--For purposes of this 
     subsection (other than this paragraph), the term `modified 
     adjusted gross income' means adjusted gross income determined 
     without regard to sections 911, 931, and 933.
       ``(2) Dependent defined.--For purposes of this section, the 
     term `dependent' has the meaning given such term by section 
     152.
       ``(3) Credit treated as refundable.--The credit allowed by 
     subsection (a) shall be treated as allowed by subpart C of 
     part IV of subchapter A of chapter 1.
       ``(4) Identification number requirement.--
       ``(A) In general.--The $1,200 amount in subsection (b)(1) 
     shall be treated as being zero unless the taxpayer includes 
     the TIN of the taxpayer on the return of tax for the taxable 
     year.
       ``(B) Joint returns.--In the case of a joint return, the 
     $2,400 amount in subsection (b)(1) shall be treated as 
     being--
       ``(i) zero if the TIN of neither spouse is included on the 
     return of tax for the taxable year, and
       ``(ii) $1,200 if the TIN of only one spouse is so included.
       ``(C) Dependents.--A dependent shall not be taken into 
     account under subsection (b)(2) unless the TIN of such 
     dependent is included on the return of tax for the taxable 
     year.
       ``(D) Coordination with certain advance payments.--In the 
     case of any payment made pursuant to subsection 
     (g)(5)(A)(ii), a TIN shall be treated for purposes of this 
     paragraph as included on the taxpayer's return of tax if such 
     TIN is provided pursuant to such subsection.
       ``(f) Coordination With Advance Refunds of Credit.--
       ``(1) Reduction of refundable credit.--The amount of the 
     credit which would (but for this paragraph) be allowable 
     under subsection (a) shall be reduced (but not below zero) by 
     the aggregate refunds and credits made or allowed to the 
     taxpayer (or any dependent of the taxpayer) under subsection 
     (g). 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 (g) 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.
       ``(g) 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 (f) 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) Application to individuals who do not file a return 
     of tax for 2019.--
       ``(A) In general.--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 shall--
       ``(i) apply paragraph (1) by substituting `2018' for 
     `2019', and
       ``(ii) in the case of a specified individual who has not 
     filed a tax return for such individual's first taxable year 
     beginning in 2018, determine the advance refund amount with 
     respect to such individual without regard to subsections (d) 
     and on the basis of information with respect to such 
     individual which is provided by--

       ``(I) in the case of a specified social security 
     beneficiary or a specified supplemental security income 
     recipient, the Commissioner of Social Security,
       ``(II) in the case of a specified railroad retirement 
     beneficiary, the Railroad Retirement Board, and
       ``(III) in the case of a specified veterans beneficiary, 
     the Secretary of Veterans Affairs (in coordination with, and 
     with the assistance of, the Commissioner of Social Security 
     if appropriate).

       ``(B) Specified individual.--For purposes of this 
     paragraph, the term `specified individual' means any 
     individual who is--
       ``(i) a specified social security beneficiary,
       ``(ii) a specified supplemental security income recipient,
       ``(iii) a specified railroad retirement beneficiary, or
       ``(iv) a specified veterans beneficiary.
       ``(C) Specified social security beneficiary.--For purposes 
     of this paragraph--
       ``(i) In general.--The term `specified social security 
     beneficiary' means any individual who, for the last month 
     that ends prior to the date of enactment of this section, is 
     entitled to any monthly insurance benefit payable under title 
     II of the Social Security Act (42 U.S.C. 401 et seq.), 
     including payments made pursuant to sections 202(d), 223(g), 
     and 223(i)(7) of such Act.
       ``(ii) Exception.--Such term shall not include any 
     individual if such benefit is not payable for such month by 
     reason of section 202(x) of the Social Security Act (42 
     U.S.C. 402(x)) or section 1129A of such Act (42 U.S.C. 1320a-
     8a).
       ``(D) Specified supplemental security income recipient.--
     For purposes of this paragraph--
       ``(i) In general.--The term `specified supplemental 
     security income recipient' means any individual who, for the 
     last month that ends prior to the date of enactment of this 
     section, is eligible for a monthly benefit payable under 
     title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) 
     (other than a benefit to an individual described in section 
     1611(e)(1)(B) of such Act (42 U.S.C. 1382(e)(1)(B)), 
     including--

       ``(I) payments made pursuant to section 1614(a)(3)(C) of 
     such Act (42 U.S.C. 1382c(a)(3)(C)),
       ``(II) payments made pursuant to section 1619(a) (42 U.S.C. 
     1382h) or subsections (a)(4), (a)(7), or (p)(7) of section 
     1631 (42 U.S.C. 1383) of such Act, and
       ``(III) State supplementary payments of the type referred 
     to in section 1616(a) of such Act (42 U.S.C. 1382e(a)) (or 
     payments of the type described in section 212(a) of Public 
     Law 93-66) which are paid by the Commissioner under an 
     agreement referred to in such section 1616(a) (or section 
     212(a) of Public Law 93-66).

       ``(ii) Exception.--Such term shall not include any 
     individual if such monthly benefit is not payable for such 
     month by reason of subsection (e)(1)(A) or (e)(4) of section 
     1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 
     1320a-8a).
       ``(E) Specified railroad retirement beneficiary.--For 
     purposes of this paragraph, the term `specified railroad 
     retirement beneficiary' means any individual who, for the 
     last month that ends prior to the date of enactment of this 
     section, is entitled to a monthly annuity or pension payment 
     payable (without regard to section 5(a)(ii) of the Railroad 
     Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under--
       ``(i) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)),
       ``(ii) section 2(c) of such Act (45 U.S.C. 231a(c)),
       ``(iii) section 2(d)(1) of such Act (45 U.S.C. 231a(d)(1)), 
     or
       ``(iv) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) 
     with respect to any of the benefit payments described in 
     subparagraph (C)(i).
       ``(F) Specified veterans beneficiary.--For purposes of this 
     paragraph--
       ``(i) In general.--The term `specified veterans 
     beneficiary' means any individual who, for the last month 
     that ends prior to the date of enactment of this section, is 
     entitled to a compensation or pension payment payable under--

[[Page H2062]]

       ``(I) section 1110, 1117, 1121, 1131, 1141, or 1151 of 
     title 38, United States Code,
       ``(II) section 1310, 1312, 1313, 1315, 1316, or 1318 of 
     title 38, United States Code,
       ``(III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, 
     or 1562 of title 38, United States Code, or
       ``(IV) section 1805, 1815, or 1821 of title 38, United 
     States Code,

     to a veteran, surviving spouse, child, or parent as described 
     in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, 
     title 38, United States Code.
       ``(ii) Exception.--Such term shall not include any 
     individual if such compensation or pension payment is not 
     payable, or was reduced, for such month by reason of section 
     1505, 5313, or 5313B of title 38, United States Code.
       ``(G) Subsequent determinations and redeterminations not 
     taken into account.--For purposes of this section, any 
     individual's status as a specified social security 
     beneficiary, a specified supplemental security income 
     recipient, a specified railroad retirement beneficiary, or a 
     specified veterans beneficiary shall be unaffected by any 
     determination or redetermination of any entitlement to, or 
     eligibility for, any benefit, payment, or compensation, if 
     such determination or redetermination occurs after the last 
     month that ends prior to the date of enactment of this 
     section.
       ``(H) Payment to representative payees and fiduciaries.--
       ``(i) In general.--If the benefit, payment, or compensation 
     referred to in subparagraph (C)(i), (D)(i), (E), or (F)(i) 
     with respect to any specified individual is paid to a 
     representative payee or fiduciary, payment by the Secretary 
     under paragraph (3) with respect to such specified individual 
     shall be made to such individual's representative payee or 
     fiduciary and the entire payment shall be used only for the 
     benefit of the individual who is entitled to the payment.
       ``(ii) Application of enforcement provisions.--

       ``(I) In the case of a payment described in clause (i) 
     which is made with respect to a specified social security 
     beneficiary or a specified supplemental security income 
     recipient, section 1129(a)(3) of the Social Security Act (42 
     U.S.C. 1320a-8(a)(3)) shall apply to such payment in the same 
     manner as such section applies to a payment under title II or 
     XVI of such Act.
       ``(II) In the case of a payment described in clause (i) 
     which is made with respect to a specified railroad retirement 
     beneficiary, section 13 of the Railroad Retirement Act (45 
     U.S.C. 231l) shall apply to such payment in the same manner 
     as such section applies to a payment under such Act.
       ``(III) In the case of a payment described in clause (i) 
     which is made with respect to a specified veterans 
     beneficiary, sections 5502, 6106, and 6108 of title 38, 
     United States Code, shall apply to such payment in the same 
     manner as such sections apply to a payment under such title.

       ``(6) 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 error with respect to such payment.
       ``(h) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this section, 
     including--
       ``(1) regulations or other guidance providing taxpayers the 
     opportunity to provide the Secretary information sufficient 
     to allow the Secretary to make payments to such taxpayers 
     under subsection (g) (including the determination of the 
     amount of such payment) if such information is not otherwise 
     available to the Secretary, and
       ``(2) regulations or other guidance providing for the 
     proper treatment of joint returns and taxpayers with 
     dependents to ensure that an individual is not taken into 
     account more than once in determining the amount of any 
     credit under subsection (a) and any credit or refund under 
     subsection (g).
       ``(i) Outreach.--The Secretary shall carry out a robust and 
     comprehensive outreach program to ensure that all taxpayers 
     described in subsection (h)(1) learn of their eligibility for 
     the advance refunds and credits under subsection (g); are 
     advised of the opportunity to receive such advance refunds 
     and credits as provided under subsection (h)(1); and are 
     provided assistance in applying for such advance refunds and 
     credits. In conducting such outreach program, the Secretary 
     shall coordinate with other government, State, and local 
     agencies; federal partners; and community-based nonprofit 
     organizations that regularly interface with such 
     taxpayers.''.
       (b) Treatment of Certain Possessions.--
       (1) Payments to possessions with mirror code tax systems.--
     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. Such amounts shall be 
     determined by the Secretary of the Treasury based on 
     information provided by the government of the respective 
     possession.
       (2) Payments to 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.
       (3) Coordination with credit allowed against united states 
     income taxes.--No credit shall be allowed against United 
     States income taxes under section 6428A of the Internal 
     Revenue Code of 1986 (as added by this section), nor shall 
     any credit or refund be made or allowed under subsection (g) 
     of such 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 (2).
       (4) 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) Administrative Provisions.--
       (1) Definition of deficiency.--Section 6211(b)(4)(A) of the 
     Internal Revenue Code of 1986 is amended by striking ``and 
     6428'' and inserting ``6428, and 6428A''.
       (2) Mathematical or clerical error authority.--Section 
     6213(g)(2) of such Code is amended--
       (A) by inserting ``or section 6428A (relating to additional 
     recovery rebates to individuals)'' before the comma at the 
     end of subparagraph (H), and
       (B) by striking ``or 6428'' in subparagraph (L) and 
     inserting ``6428, or 6428A''.
       (3) Exception from reduction or offset.--Any credit or 
     refund allowed or made to any individual by reason of section 
     6428A of the Internal Revenue Code of 1986 (as added by this 
     section) or by reason of subsection (b) of this section shall 
     not be--
       (A) subject to reduction or offset pursuant to section 3716 
     or 3720A of title 31, United States Code,
       (B) subject to reduction or offset pursuant to subsection 
     (c), (d), (e), or (f) of section 6402 of the Internal Revenue 
     Code of 1986, or
       (C) reduced or offset by other assessed Federal taxes that 
     would otherwise be subject to levy or collection.
       (4) Assignment of benefits.--
       (A) In general.--Any applicable payment shall not be 
     subject to transfer, assignment, execution, levy, attachment, 
     garnishment, or other legal process, or the operation of any 
     bankruptcy or insolvency law, to the same extent as payments 
     described in section 207 of the Social Security Act (42 
     U.S.C. 407) without regard to subsection (b) thereof.
       (B) Encoding of payments.--As soon as practicable after the 
     date of the enactment of the paragraph, the Secretary of the 
     Treasury shall encode applicable payments that are paid 
     electronically to any account--
       (i) with a unique identifier that is reasonably sufficient 
     to allow a financial institution to identify the payment as a 
     payment protected under subparagraph (A), and
       (ii) pursuant to the same specifications as required for a 
     benefit payment to which part 212 of title 31, Code of 
     Federal regulations applies.
       (C) Garnishment.--
       (i) Encoded payments.--Upon receipt of a garnishment order 
     that applies to an account that has received an applicable 
     payment that is encoded as provided in subparagraph (B), a 
     financial institution shall follow the requirements and 
     procedures set forth in part 212 of title 31, Code of Federal 
     Regulations. This paragraph shall not alter the status of 
     payments as tax refunds or other nonbenefit payments for 
     purpose of any reclamation rights of the Department of 
     Treasury or the Internal Revenue Serves as per part 210 of 
     title 31 of the Code of Federal Regulations.
       (ii) Other payments.--If a financial institution receives a 
     garnishment order (other than an order that has been served 
     by the United States) that applies to an account into which 
     an applicable payment that has not been encoded as provided 
     in subparagraph (B) has been deposited on any date in the 
     prior 60 days (including any date before the date of the 
     enactment of this paragraph), the financial institution, upon 
     the request of the account holder or for purposes of 
     complying in good faith with a State order, State law, court 
     order, or interpretation by a State Attorney General relating 
     to garnishment order, may, but is not required to, treat the 
     amount of the payment as exempt under law from garnishment 
     without requiring the account holder to assert any right of 
     garnishment exemption or requiring the consent of the 
     judgment creditor.
       (iii) Liability.--A financial institution that complies in 
     good faith with clause (i) or that acts in good faith in 
     reliance on clause (ii) shall not be liable under any Federal 
     or State law, regulation, or court or other order to a 
     creditor that initiates an order for any protected amounts, 
     to an account holder for any frozen amounts or garnishment 
     order applied.
       (D) Definitions.--For purposes of this paragraph--
       (i) Account holder.--The term ``account holder'' means a 
     natural person against whom a garnishment order is issued and 
     whose name appears in a financial institution's records.
       (ii) Applicable payment.--The term ``applicable payment'' 
     means any payment of credit or refund by reason of section 
     6428 of such Code (as so added) or by reason of subsection 
     (c) of this section.
       (iii) Garnishment.--The term ``garnishment'' means 
     execution, levy, attachment, garnishment, or other legal 
     process.
       (iv) Garnishment order.--The term ``garnishment order'' 
     means a writ, order, notice,

[[Page H2063]]

     summons, judgment, levy, or similar written instruction 
     issued by a court, a State or State agency, a municipality or 
     municipal corporation, or a State child support enforcement 
     agency, including a lien arising by operation of law for 
     overdue child support or an order to freeze the assets in an 
     account, to effect a garnishment against a debtor.
       (5) Treatment of credit and advance payments.--For purposes 
     of section 1324 of title 31, United States Code, any credit 
     under section 6428A(a) of the Internal Revenue Code of 1986, 
     any credit or refund under section 6428A(g) of such Code, and 
     any payment under subsection (b) of this section, shall be 
     treated in the same manner as a refund due from a credit 
     provision referred to in subsection (b)(2) of such section 
     1324.
       (6) Agency information sharing and assistance.--The 
     Commissioner of Social Security, the Railroad Retirement 
     Board, and the Secretary of Veterans Affairs shall each 
     provide the Secretary of the Treasury (or the Secretary's 
     delegate) such information and assistance as the Secretary of 
     the Treasury (or the Secretary's delegate) may require for 
     purposes of making payments under section 6428A(g) of the 
     Internal Revenue Code of 1986 to individuals described in 
     paragraph (5)(A)(ii) thereof.
       (7) Clerical amendment.--The table of sections for 
     subchapter B of chapter 65 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 6428 the following new item:

``Sec. 6428A. Additional recovery rebates to individuals.''.
       (d) Appropriations to Carry Out This Section.--
       (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) Social security administration.--For an additional 
     amount for ``Social Security Administration--Limitation on 
     Administrative Expenses'', $40,500,000, to remain available 
     until September 30, 2021: Provided, that $2,500,000, to 
     remain available until September 30, 2024, shall be 
     transferred to ``Social Security Administration--Office of 
     Inspector General'' for necessary expenses in carrying out 
     the provisions of the Inspector General Act of 1978.
       (B) Railroad retirement board.--For an additional amount 
     for ``Railroad Retirement Board--Limitation on 
     Administration'', $8,300, to remain available until September 
     30, 2021.
       (2) Reports.--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 Internal Revenue Service funds in this Act, 
     and the expected expenditure of such funds in the subsequent 
     quarter.
       (e) Certain Requirements Related to Recovery Rebates and 
     Additional Recovery Rebates.--
       (1) Signatures on checks and notices, etc., by the 
     department of the treasury.--Any check issued to an 
     individual by the Department of the Treasury pursuant to 
     section 6428 or 6428A of the Internal Revenue Code of 1986, 
     and any notice issued pursuant to section 6428(f)(6) or 
     section 6428A(g)(6) of such Code, may not be signed by or 
     otherwise bear the name, signature, image or likeness of the 
     President, the Vice President or any elected official or 
     cabinet level officer of the United States, or any individual 
     who, with respect to any of the aforementioned individuals, 
     bears any relationship described in subparagraphs (A) through 
     (G) of section 152(d)(2) of the Internal Revenue Code of 
     1986.
       (2) Effective date.--Paragraph (1) shall apply to checks 
     and notices issued after the date of the enactment of this 
     Act.
       (f) Reports to Congress.--Each week beginning after the 
     date of the enactment of this Act and beginning before 
     December 31, 2020, on Friday of such week, not later than 3 
     p.m. Eastern Time, the Secretary of the Treasury shall 
     provide a written report to the Committee on Ways and Means 
     of the House of Representatives and the Committee on Finance 
     of the Senate. Such report shall include the following 
     information with respect to payments made pursuant to each of 
     sections 6428 and 6428A of the Internal Revenue Code of 1986:
       (1) The number of scheduled payments sent to the Bureau of 
     Fiscal Service for payment by direct deposit or paper check 
     for the following week (stated separately for direct deposit 
     and paper check).
       (2) The total dollar amount of the scheduled payments 
     described in paragraph (1).
       (3) The number of direct deposit payments returned to the 
     Department of the Treasury and the total dollar value of such 
     payments, for the week ending on the day prior to the day on 
     which the report is provided.
       (4) The total number of letters related to payments under 
     section 6428 or 6428A of such Code mailed to taxpayers during 
     the week ending on the day prior to the day on which the 
     report is provided.

                  Subtitle C--Earned Income Tax Credit

     SEC. 20121. STRENGTHENING THE EARNED INCOME TAX CREDIT FOR 
                   INDIVIDUALS WITH NO QUALIFYING CHILDREN.

       (a) Special Rules for 2020.--Section 32 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(n) Special Rules for Individuals Without Qualifying 
     Children.--In the case of any taxable year beginning after 
     December 31, 2019, and before January 1, 2021--
       ``(1) Decrease in minimum age for credit.--
       ``(A) In general.--Subsection (c)(1)(A)(ii)(II) shall be 
     applied by substituting `the applicable minimum age' for `age 
     25'.
       ``(B) Applicable minimum age.--For purposes of this 
     paragraph, the term `applicable minimum age' means--
       ``(i) except as otherwise provided in this subparagraph, 
     age 19,
       ``(ii) in the case of a full-time student (other than a 
     qualified former foster youth or a qualified homeless youth), 
     age 25, and
       ``(iii) in the case of a qualified former foster youth or a 
     qualified homeless youth, age 18.
       ``(C) Full-time student.--For purposes of this paragraph, 
     the term `full-time student' means, with respect to any 
     taxable year, an individual who is an eligible student (as 
     defined in section 25A(b)(3)) during at least 5 calendar 
     months during the taxable year.
       ``(D) Qualified former foster youth.--For purposes of this 
     paragraph, the term `qualified former foster youth' means an 
     individual who--
       ``(i) on or after the date that such individual attained 
     age 14, was in foster care provided under the supervision or 
     administration of a State or tribal agency administering (or 
     eligible to administer) a plan under part B or part E of the 
     Social Security Act (without regard to whether Federal 
     assistance was provided with respect to such child under such 
     part E), and
       ``(ii) provides (in such manner as the Secretary may 
     provide) consent for State and tribal agencies which 
     administer a plan under part B or part E of the Social 
     Security Act to disclose to the Secretary information related 
     to the status of such individual as a qualified former foster 
     youth.
       ``(E) Qualified homeless youth.--For purposes of this 
     paragraph, the term `qualified homeless youth' means, with 
     respect to any taxable year, an individual who--
       ``(i) is certified by a local educational agency or a 
     financial aid administrator during such taxable year as being 
     either an unaccompanied youth who is a homeless child or 
     youth, or as unaccompanied, at risk of homelessness, and 
     self-supporting. Terms used in the preceding sentence which 
     are also used in section 480(d)(1) of the Higher Education 
     Act of 1965 shall have the same meaning as when used in such 
     section, and
       ``(ii) provides (in such manner as the Secretary may 
     provide) consent for local educational agencies and financial 
     aid administrators to disclose to the Secretary information 
     related to the status of such individual as a qualified 
     homeless youth.
       ``(2) Increase in maximum age for credit.--Subsection 
     (c)(1)(A)(ii)(II) shall be applied by substituting `age 66' 
     for `age 65'.
       ``(3) Increase in credit and phaseout percentages.--The 
     table contained in subsection (b)(1) shall be applied by 
     substituting `15.3' for `7.65' each place it appears therein.
       ``(4) Increase in earned income and phaseout amounts.--
       ``(A) In general.--The table contained in subsection 
     (b)(2)(A) shall be applied--
       ``(i) by substituting `$9,720' for `$4,220', and
       ``(ii) by substituting `$11,490' for `$5,280'.
       ``(B) Coordination with inflation adjustment.--Subsection 
     (j) shall not apply to any dollar amount specified in this 
     paragraph.''.
       (b) Information Return Matching.--As soon as practicable, 
     the Secretary of the Treasury (or the Secretary's delegate) 
     shall develop and implement procedures to use information 
     returns under section 6050S (relating to returns relating to 
     higher education tuition and related expenses) to check the 
     status of individuals as full-time students for purposes of 
     section 32(n)(1)(B)(ii) of the Internal Revenue Code of 1986 
     (as added by this section).
       (c) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 20122. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED INCOME 
                   CREDIT IN CASE OF QUALIFYING CHILDREN WHO FAIL 
                   TO MEET CERTAIN IDENTIFICATION REQUIREMENTS.

       (a) In General.--Section 32(c)(1) of the Internal Revenue 
     Code of 1986 is amended by striking subparagraph (F).
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 20123. CREDIT ALLOWED IN CASE OF CERTAIN SEPARATED 
                   SPOUSES.

       (a) In General.--Section 32(d) of the Internal Revenue Code 
     of 1986 is amended--
       (1) by striking ``Married Individuals.--In the case of'' 
     and inserting the following: ``Married Individuals.--
       ``(1) In general.--In the case of'', and
       (2) by adding at the end the following new paragraph:
       ``(2) Determination of marital status.--For purposes of 
     this section--
       ``(A) In general.--Except as provided in subparagraph (B), 
     marital status shall be determined under section 7703(a).
       ``(B) Special rule for separated spouse.--An individual 
     shall not be treated as married if such individual--
       ``(i) is married (as determined under section 7703(a)) and 
     does not file a joint return for the taxable year,
       ``(ii) lives with a qualifying child of the individual for 
     more than one-half of such taxable year, and
       ``(iii)(I) during the last 6 months of such taxable year, 
     does not have the same principal place of abode as the 
     individual's spouse, or
       ``(II) has a decree, instrument, or agreement (other than a 
     decree of divorce) described in section 121(d)(3)(C) with 
     respect to the individual's spouse and is not a member of the 
     same household with the individual's spouse by the end of the 
     taxable year.''.
       (b) Conforming Amendments.--
       (1) Section 32(c)(1)(A) of such Code is amended by striking 
     the last sentence.
       (2) Section 32(c)(1)(E)(ii) of such Code is amended by 
     striking ``(within the meaning of section 7703)''.

[[Page H2064]]

       (3) Section 32(d)(1) of such Code, as amended by subsection 
     (a), is amended by striking ``(within the meaning of section 
     7703)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 20124. ELIMINATION OF DISQUALIFIED INVESTMENT INCOME 
                   TEST.

       (a) In General.--Section 32 of the Internal Revenue Code of 
     1986 is amended by striking subsection (i).
       (b) Conforming Amendments.--
       (1) Section 32(j)(1) of such Code is amended by striking 
     ``subsections (b)(2) and (i)(1)'' and inserting ``subsection 
     (b)(2)''.
       (2) Section 32(j)(1)(B)(i) of such Code is amended by 
     striking ``subsections (b)(2)(A) and (i)(1)'' and inserting 
     ``subsection (b)(2)(A)''.
       (3) Section 32(j)(2) of such Code is amended--
       (A) by striking subparagraph (B), and
       (B) by striking ``Rounding.--'' and all that follows 
     through ``If any dollar amount'' and inserting the following: 
     ``Rounding.--If any dollar amount''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 20125. APPLICATION OF EARNED INCOME TAX CREDIT IN 
                   POSSESSIONS OF THE UNITED STATES.

       (a) In General.--Chapter 77 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     section:

     ``SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT TO 
                   POSSESSIONS OF THE UNITED STATES.

       ``(a) Puerto Rico.--
       ``(1) In general.--With respect to calendar year 2021 and 
     each calendar year thereafter, the Secretary shall, except as 
     otherwise provided in this subsection, make payments to 
     Puerto Rico equal to--
       ``(A) the specified matching amount for such calendar year, 
     plus
       ``(B) in the case of calendar years 2021 through 2025, the 
     lesser of--
       ``(i) the expenditures made by Puerto Rico during such 
     calendar year for education efforts with respect to 
     individual taxpayers and tax return preparers relating to the 
     earned income tax credit, or
       ``(ii) $1,000,000.
       ``(2) Requirement to reform earned income tax credit.--The 
     Secretary shall not make any payments under paragraph (1) 
     with respect to any calendar year unless Puerto Rico has in 
     effect an earned income tax credit for taxable years 
     beginning in or with such calendar year which (relative to 
     the earned income tax credit which was in effect for taxable 
     years beginning in or with calendar year 2019) increases the 
     percentage of earned income which is allowed as a credit for 
     each group of individuals with respect to which such 
     percentage is separately stated or determined in a manner 
     designed to substantially increase workforce participation.
       ``(3) Specified matching amount.--For purposes of this 
     subsection--
       ``(A) In general.--The term `specified matching amount' 
     means, with respect to any calendar year, the lesser of--
       ``(i) the excess (if any) of--

       ``(I) the cost to Puerto Rico of the earned income tax 
     credit for taxable years beginning in or with such calendar 
     year, over
       ``(II) the base amount for such calendar year, or

       ``(ii) the product of 3, multiplied by the base amount for 
     such calendar year.
       ``(B) Base amount.--
       ``(i) Base amount for 2020.--In the case of calendar year 
     2020, the term `base amount' means the greater of--

       ``(I) the cost to Puerto Rico of the earned income tax 
     credit for taxable years beginning in or with calendar year 
     2019 (rounded to the nearest multiple of $1,000,000), or
       ``(II) $200,000,000.

       ``(ii) Inflation adjustment.--In the case of any calendar 
     year after 2021, the term `base amount' means the dollar 
     amount determined under clause (i) increased by an amount 
     equal to--

       ``(I) such dollar amount, multiplied by--
       ``(II) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year, determined by 
     substituting `calendar year 2020' for `calendar year 2016' in 
     subparagraph (A)(ii) thereof.

     Any amount determined under this clause shall be rounded to 
     the nearest multiple of $1,000,000.
       ``(4) Rules related to payments and reports.--
       ``(A) Timing of payments.--The Secretary shall make 
     payments under paragraph (1) for any calendar year--
       ``(i) after receipt of the report described in subparagraph 
     (B) for such calendar year, and
       ``(ii) except as provided in clause (i), within a 
     reasonable period of time before the due date for individual 
     income tax returns (as determined under the laws of Puerto 
     Rico) for taxable years which began on the first day of such 
     calendar year.
       ``(B) Annual reports.--With respect to calendar year 2021 
     and each calendar year thereafter, Puerto Rico shall provide 
     to the Secretary a report which shall include--
       ``(i) an estimate of the costs described in paragraphs 
     (1)(B)(i) and (3)(A)(i)(I) with respect to such calendar 
     year, and
       ``(ii) a statement of such costs with respect to the 
     preceding calendar year.
       ``(C) Adjustments.--
       ``(i) In general.--In the event that any estimate of an 
     amount is more or less than the actual amount as later 
     determined and any payment under paragraph (1) was determined 
     on the basis of such estimate, proper payment shall be made 
     by, or to, the Secretary (as the case may be) as soon as 
     practicable after the determination that such estimate was 
     inaccurate. Proper adjustment shall be made in the amount of 
     any subsequent payments made under paragraph (1) to the 
     extent that proper payment is not made under the preceding 
     sentence before such subsequent payments.
       ``(ii) Additional reports.--The Secretary may require such 
     additional periodic reports of the information described in 
     subparagraph (B) as the Secretary determines appropriate to 
     facilitate timely adjustments under clause (i).
       ``(D) Determination of cost of earned income tax credit.--
     For purposes of this subsection, the cost to Puerto Rico of 
     the earned income tax credit shall be determined by the 
     Secretary on the basis of the laws of Puerto Rico and shall 
     include reductions in revenues received by Puerto Rico by 
     reason of such credit and refunds attributable to such 
     credit, but shall not include any administrative costs with 
     respect to such credit.
       ``(E) Prevention of manipulation of base amount.--No 
     payments shall be made under paragraph (1) if the earned 
     income tax credit as in effect in Puerto Rico for taxable 
     years beginning in or with calendar year 2019 is modified 
     after the date of the enactment of this subsection.
       ``(b) Possessions With Mirror Code Tax Systems.--
       ``(1) In general.--With respect to calendar year 2020 and 
     each calendar year thereafter, the Secretary shall, except as 
     otherwise provided in this subsection, make payments to the 
     Virgin Islands, Guam, and the Commonwealth of the Northern 
     Mariana Islands equal to--
       ``(A) 75 percent of the cost to such possession of the 
     earned income tax credit for taxable years beginning in or 
     with such calendar year, plus
       ``(B) in the case of calendar years 2020 through 2024, the 
     lesser of--
       ``(i) the expenditures made by such possession during such 
     calendar year for education efforts with respect to 
     individual taxpayers and tax return preparers relating to 
     such earned income tax credit, or
       ``(ii) $50,000.
       ``(2) Application of certain rules.--Rules similar to the 
     rules of subparagraphs (A), (B), (C), and (D) of subsection 
     (a)(4) shall apply for purposes of this subsection.
       ``(c) American Samoa.--
       ``(1) In general.--With respect to calendar year 2020 and 
     each calendar year thereafter, the Secretary shall, except as 
     otherwise provided in this subsection, make payments to 
     American Samoa equal to--
       ``(A) the lesser of--
       ``(i) 75 percent of the cost to American Samoa of the 
     earned income tax credit for taxable years beginning in or 
     with such calendar year, or
       ``(ii) $12,000,000, plus
       ``(B) in the case of calendar years 2020 through 2024, the 
     lesser of--
       ``(i) the expenditures made by American Samoa during such 
     calendar year for education efforts with respect to 
     individual taxpayers and tax return preparers relating to 
     such earned income tax credit, or
       ``(ii) $50,000.
       ``(2) Requirement to enact and maintain an earned income 
     tax credit.--The Secretary shall not make any payments under 
     paragraph (1) with respect to any calendar year unless 
     American Samoa has in effect an earned income tax credit for 
     taxable years beginning in or with such calendar year which 
     allows a refundable tax credit to individuals on the basis of 
     the taxpayer's earned income which is designed to 
     substantially increase workforce participation.
       ``(3) Inflation adjustment.--In the case of any calendar 
     year after 2020, the $12,000,000 amount in paragraph 
     (1)(A)(ii) shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by--
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year, determined by 
     substituting `calendar year 2019' for `calendar year 2016' in 
     subparagraph (A)(ii) thereof.
     Any increase determined under this clause shall be rounded to 
     the nearest multiple of $100,000.
       ``(4) Application of certain rules.--Rules similar to the 
     rules of subparagraphs (A), (B), (C), and (D) of subsection 
     (a)(4) shall apply for purposes of this subsection.
       ``(d) Treatment of Payments.--For purposes of section 1324 
     of title 31, United States Code, the payments under this 
     section shall be treated in the same manner as a refund due 
     from a credit provision referred to in subsection (b)(2) of 
     such section.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     77 of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

``Sec. 7529. Application of earned income tax credit to possessions of 
              the United States.''.

     SEC. 20126. TEMPORARY SPECIAL RULE FOR DETERMINING EARNED 
                   INCOME FOR PURPOSES OF EARNED INCOME TAX 
                   CREDIT.

       (a) In General.--If the earned income of the taxpayer for 
     the taxpayer's first taxable year beginning in 2020 is less 
     than the earned income of the taxpayer for the preceding 
     taxable year, the credit allowed under section 32 of the 
     Internal Revenue Code of 1986 may, at the election of the 
     taxpayer, be determined by substituting---
       (1) such earned income for the preceding taxable year, for
       (2) such earned income for the taxpayer's first taxable 
     year beginning in 2020.
       (b) Earned Income.--
       (1) In general.--For purposes of this section, the term 
     ``earned income'' has the meaning given such term under 
     section 32(c) of the Internal Revenue Code of 1986.
       (2) Application to joint returns.--For purposes of 
     subsection (a), in the case of a joint return, the earned 
     income of the taxpayer for the

[[Page H2065]]

     preceding taxable year shall be the sum of the earned income 
     of each spouse for such preceding taxable year.
       (c) Special Rules.--
       (1) Errors treated as mathematical error.--For purposes of 
     section 6213 of the Internal Revenue Code of 1986, an 
     incorrect use on a return of earned income pursuant to 
     subsection (a) shall be treated as a mathematical or clerical 
     error.
       (2) No effect on determination of gross income, etc.--
     Except as otherwise provided in this subsection, the Internal 
     Revenue Code of 1986 shall be applied without regard to any 
     substitution under subsection (a).
       (d) Treatment of Certain Possessions.--
       (1) Payments to possessions with mirror code tax systems.--
     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 application of the provisions of this section (other than 
     this subsection) with respect to section 32 of the Internal 
     Revenue Code of 1986. Such amounts shall be determined by the 
     Secretary of the Treasury based on information provided by 
     the government of the respective possession.
       (2) Payments to 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 provisions 
     of this section (other than this subsection) with respect to 
     section 32 of the Internal Revenue Code of 1986 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.
       (3) Mirror code tax system.--For purposes of this section, 
     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.
       (4) Treatment of payments.--For purposes of section 1324 of 
     title 31, United States Code, the payments under this section 
     shall be treated in the same manner as a refund due from a 
     credit provision referred to in subsection (b)(2) of such 
     section.

                      Subtitle D--Child Tax Credit

     SEC. 20131. CHILD TAX CREDIT IMPROVEMENTS FOR 2020.

       (a) In General.--Section 24 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subsection:
       ``(i) Special Rules for 2020.--In the case of any taxable 
     year beginning in 2020--
       ``(1) Refundable credit.--Subsection (h)(5) shall not apply 
     and the increase determined under the first sentence of 
     subsection (d)(1) shall be the amount determined under 
     subsection (d)(1)(A) (determined without regard to subsection 
     (h)(4)).
       ``(2) Credit amount.--Subsection (h)(2) shall not apply and 
     subsection (a) shall be applied by substituting `$3,000 
     ($3,600 in the case of a qualifying child who has not 
     attained age 6 as of the close of the calendar year in which 
     the taxable year of the taxpayer begins)' for `$1,000'.
       ``(3) 17-year-olds eligible for treatment as qualifying 
     children.--This section shall be applied--
       ``(A) by substituting `age 18' for `age 17' in subsection 
     (c)(1), and
       ``(B) by substituting `described in subsection (c) 
     (determined after the application of subsection (i)(3)(A))' 
     for `described in subsection (c)' in subsection (h)(4)(A).''.
       (b) Advance Payment of Credit.--
       (1) In general.--Chapter 77 of such Code is amended by 
     inserting after section 7527 the following new section:

     ``SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT.

       ``(a) In General.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary shall establish a 
     program for making advance payments of the credit allowed 
     under subsection (a) of section 24 on a monthly basis 
     (determined without regard to subsection (i)(4)) of such 
     section), or as frequently as the Secretary determines to be 
     administratively feasible, to taxpayers determined to be 
     eligible for advance payment of such credit.
       ``(b) Limitation.--
       ``(1) In general.--The Secretary may make payments under 
     subsection (a) only to the extent that the total amount of 
     such payments made to any taxpayer during the taxable year 
     does not exceed an amount equal to the excess, if any, of--
       ``(A) subject to paragraph (2), the amount determined under 
     subsection (a) of section 24 with respect to such taxpayer 
     (determined without regard to subsection (i)(4)) of such 
     section) for such taxable year, over
       ``(B) the estimated tax imposed by subtitle A, as reduced 
     by the credits allowable under subparts A and C (other than 
     section 24) of such part IV, with respect to such taxpayer 
     for such taxable year, as determined in such manner as the 
     Secretary deems appropriate.
       ``(2) Application of threshold amount limitation.--The 
     program described in subsection (a) shall make reasonable 
     efforts to apply the limitation of section 24(b) with respect 
     to payments made under such program.
       ``(c) Application.--The advance payments described in this 
     section shall only be made with respect to credits allowed 
     under section 24 for taxable years beginning during 2020.''.
       (2) Reconciliation of credit and advance credit.--Section 
     24(i) of such Code, as amended by subsection (a), is amended 
     by adding at the end the following new paragraph:
       ``(4) Reconciliation of credit and advance credit.--
       ``(A) In general.--The amount of the credit allowed under 
     this section for any taxable year shall be reduced (but not 
     below zero) by the aggregate amount of any advance payments 
     of such credit under section 7527A for such taxable year.
       ``(B) Excess advance payments.--If the aggregate amount of 
     advance payments under section 7527A for the taxable year 
     exceeds the amount of the credit allowed under this section 
     for such taxable year (determined without regard to 
     subparagraph (A)), the tax imposed by this chapter for such 
     taxable year shall be increased by the amount of such 
     excess.''.
       (3) Clerical amemdment.--The table of sections for chapter 
     77 of such Code is amended by inserting after the item 
     relating to section 7527 the following new item:

``Sec. 7527A. Advance payment of child tax credit.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 20132. APPLICATION OF CHILD TAX CREDIT IN POSSESSIONS.

       (a) In General.--Section 24 of the Internal Revenue Code of 
     1986, as amended by the preceding provisions of this Act, is 
     amended by adding at the end the following new subsection:
       ``(j) Application of Credit in Possessions.--
       ``(1) Mirror code possessions.--
       ``(A) In general.--The Secretary shall pay to each 
     possession of the United States with a mirror code tax system 
     amounts equal to the loss to that possession by reason of the 
     application of this section (determined without regard to 
     this subsection) with respect to taxable years beginning 
     after 2019. Such amounts shall be determined by the Secretary 
     based on information provided by the government of the 
     respective possession.
       ``(B) Coordination with credit allowed against united 
     states income taxes.--No credit shall be allowed under this 
     section for any taxable year to any individual to whom a 
     credit is allowable against taxes imposed by a possession 
     with a mirror code tax system by reason of the application of 
     this section in such possession for such taxable year.
       ``(C) Mirror code tax system.--For purposes of this 
     paragraph, 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.
       ``(2) Puerto rico.--In the case of any bona fide resident 
     of Puerto Rico (within the meaning of section 937(a))--
       ``(A) the credit determined under this section shall be 
     allowable to such resident,
       ``(B) in the case of any taxable year beginning during 
     2020, the increase determined under the first sentence of 
     subsection (d)(1) shall be the amount determined under 
     subsection (d)(1)(A) (determined without regard to subsection 
     (h)(4)),
       ``(C) in the case of any taxable year beginning after 
     December 31, 2020, and before January 1, 2026, the increase 
     determined under the first sentence of subsection (d)(1) 
     shall be the lesser of--
       ``(i) the amount determined under subsection (d)(1)(A) 
     (determined without regard to subsection (h)(4)), or
       ``(ii) the dollar amount in effect under subsection (h)(5), 
     and
       ``(D) in the case of any taxable year after December 31, 
     2025, the increase determined under the first sentence of 
     subsection (d)(1) shall be the amount determined under 
     subsection (d)(1)(A).
       ``(3) American samoa.--
       ``(A) In general.--The Secretary shall pay to American 
     Samoa amounts estimated by the Secretary as being equal to 
     the aggregate benefits that would have been provided to 
     residents of American Samoa by reason of the application of 
     this section for taxable years beginning after 2019 if the 
     provisions of this section had been in effect in American 
     Samoa.
       ``(B) Distribution requirement.--Subparagraph (A) shall not 
     apply unless American Samoa has a plan, which has been 
     approved by the Secretary, under which American Samoa will 
     promptly distribute such payments to the residents of 
     American Samoa in a manner which replicates to the greatest 
     degree practicable the benefits that would have been so 
     provided to each such resident.
       ``(C) Coordination with credit allowed against united 
     states income taxes.--
       ``(i) In general.--In the case of a taxable year with 
     respect to which a plan is approved under subparagraph (B), 
     this section (other than this subsection) shall not apply to 
     any individual eligible for a distribution under such plan.
       ``(ii) Application of section in event of absence of 
     approved plan.--In the case of a taxable year with respect to 
     which a plan is not approved under subparagraph (B), rules 
     similar to the rules of paragraph (2) shall apply with 
     respect to bona fide residents of American Samoa (within the 
     meaning of section 937(a)).
       ``(4) Treatment of payments.--The payments made under this 
     subsection shall be treated in the same manner for purposes 
     of section 1324(b)(2) of title 31, United States Code, as 
     refunds due from the credit allowed under this section.''.

[[Page H2066]]

       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

                 Subtitle E--Dependent Care Assistance

     SEC. 20141. REFUNDABILITY AND ENHANCEMENT OF CHILD AND 
                   DEPENDENT CARE TAX CREDIT.

       (a) In General.--Section 21 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subsection:
       ``(g) Special Rules for 2020.--In the case of any taxable 
     year beginning after December 31, 2019, and before January 1, 
     2021--
       ``(1) Credit made refundable.--In the case of an individual 
     other than a nonresident alien, the credit allowed under 
     subsection (a) shall be treated as a credit allowed under 
     subpart C (and not allowed under this subpart).
       ``(2) Increase in applicable percentage.--Subsection (a)(2) 
     shall be applied--
       ``(A) by substituting `50 percent' for `35 percent ', and
       ``(B) by substituting `$120,000' for `$15,000'.
       ``(3) Increase in dollar limit on amount creditable.--
     Subsection (c) shall be applied--
       ``(A) by substituting `$6,000' for `$3,000' in paragraph 
     (1) thereof, and
       ``(B) by substituting `twice the amount in effect under 
     paragraph (1)' for `$6,000' in paragraph (2) thereof.''.
       (b) Conforming Amendment.--Section 1324(b)(2) of title 31, 
     United States Code, is amended by inserting ``21 (by reason 
     of subsection (g) thereof),'' before ``25A''.
       (c) Coordination With Possession Tax Systems.--Section 
     21(g)(1) of the Internal Revenue Code of 1986 (as added by 
     this section) shall not apply to any person--
       (1) to whom a credit is allowed against taxes imposed by a 
     possession with a mirror code tax system by reason of the 
     application of section 21 of such Code in such possession for 
     such taxable year, or
       (2) to whom a credit would be allowed against taxes imposed 
     by a possession which does not have a mirror code tax system 
     if the provisions of section 21 of such Code had been in 
     effect in such possession for such taxable year.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 20142. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED 
                   DEPENDENT CARE ASSISTANCE.

       (a) In General.--Section 129(a)(2) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(D) Special rule for 2020.--In the case of any taxable 
     year beginning during 2020, subparagraph (A) shall be applied 
     be substituting `$10,500 (half such dollar amount' for 
     `$5,000 ($2,500'.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.
       (c) Retroactive Plan Amendments.--A plan or other 
     arrangement that otherwise satisfies all applicable 
     requirements of sections 106, 125, and 129 of the Internal 
     Revenue Code of 1986 (including any rules or regulations 
     thereunder) shall not fail to be treated as a cafeteria plan 
     or dependent care flexible spending arrangement merely 
     because such plan or arrangement is amended pursuant to a 
     provision under this section and such amendment is 
     retroactive, if--
       (1) such amendment is adopted no later than the last day of 
     the plan year in which the amendment is effective, and
       (2) the plan or arrangement is operated consistent with the 
     terms of such amendment during the period beginning on the 
     effective date of the amendment and ending on the date the 
     amendment is adopted.

         Subtitle F--Flexibility for Certain Employee Benefits

     SEC. 20151. INCREASE IN CARRYOVER FOR HEALTH FLEXIBLE 
                   SPENDING ARRANGEMENTS.

       (a) In General.--A plan or other arrangement that otherwise 
     satisfies all of the applicable requirements of sections 106 
     and 125 of the Internal Revenue Code of 1986 (including any 
     rules or regulations thereunder) shall not fail to be treated 
     as a cafeteria plan or health flexible spending arrangement 
     merely because such plan or arrangement permits participants 
     to carry over an amount not in excess of $2,750 of unused 
     benefits or contributions remaining in a health flexible 
     spending arrangement from the plan year ending in 2020 to the 
     plan year ending in 2021.
       (b) Definitions.--Any term used in this section which is 
     also used in section 106 or 125 of the Internal Revenue Code 
     of 1986 or the rules or regulations thereunder shall have the 
     same meaning as when used in such section or rules or 
     regulations.

     SEC. 20152. CARRYOVER FOR DEPENDENT CARE FLEXIBLE SPENDING 
                   ARRANGEMENTS.

       (a) In General.--A plan or other arrangement that otherwise 
     satisfies all applicable requirements of sections 106, 125, 
     and 129 of the Internal Revenue Code of 1986 (including any 
     rules or regulations thereunder) shall not fail to be treated 
     as a cafeteria plan or dependent care flexible spending 
     arrangement merely because such plan or arrangement permits 
     participants to carry over (under rules similar to the rules 
     applicable to health flexible spending arrangements) an 
     amount, not in excess of the amount in effect under section 
     129(a)(2)(A) of such Code, of unused benefits or 
     contributions remaining in a dependent care flexible spending 
     arrangement from the plan year ending in 2020 to the plan 
     year ending in 2021.
       (b) Definitions.--Any term used in this section which is 
     also used in section 106, 125, or 129 of the Internal Revenue 
     Code of 1986 or the rules or regulations thereunder shall 
     have the same meaning as when used in such section or rules 
     or regulations.

     SEC. 20153. CARRYOVER OF PAID TIME OFF.

       (a) In General.--A plan that otherwise satisfies all 
     applicable requirements of section 125 of the Internal 
     Revenue Code of 1986 (including any rules or regulations 
     thereunder) shall not fail to be treated as a cafeteria plan 
     merely because such plan permits participants to carry over 
     (under rules similar to the rules applicable to health 
     flexible spending arrangements) any amount of paid time off 
     (without limitation) from the plan year ending in 2020 to the 
     plan year ending in 2021.
       (b) Definitions.--Any term used in this section which is 
     also used in section 125 of the Internal Revenue Code of 1986 
     or the rules or regulations thereunder shall have the same 
     meaning as when used in such section or rules or regulations.

     SEC. 20154. CHANGE IN ELECTION AMOUNT.

       (a) In General.--A plan or other arrangement that otherwise 
     satisfies all applicable requirements of sections 106 and 125 
     of the Internal Revenue Code of 1986 (including any rules or 
     regulations thereunder) shall not fail to be treated as a 
     cafeteria plan or health flexible spending arrangement merely 
     because such plan or arrangement allows an employee to make, 
     with respect to the remaining portion of a period of coverage 
     within the applicable period--
       (1) an election modifying the amount of such employee's 
     contributions to such a health flexible spending arrangement 
     (without regard to any change in status), or
       (2) an election modifying the amount of such employee's 
     elective paid time off.
     Any election as modified under paragraph (1) shall not exceed 
     the limitation applicable under section 125(i) for the 
     taxable year.
       (b) One-time Application.--Paragraphs (1) and (2) of 
     subsection (a) shall each apply to only 1 election change 
     described in such paragraph with respect to an employee (in 
     addition to any other election changes during a period of 
     coverage permitted under the plan or arrangement without 
     regard to this section).
       (c) Applicable Period.--For purposes of this section, the 
     term ``applicable period'' means the period beginning on the 
     date of the enactment of this Act and ending on December 31, 
     2020.
       (d) Definitions.--Any term used in this section which is 
     also used in section 106 or 125 of the Internal Revenue Code 
     of 1986 or the rules or regulations thereunder shall have the 
     same meaning as when used in such section or rules or 
     regulations.

     SEC. 20155. EXTENSION OF GRACE PERIODS, ETC.

       (a) In General.--A plan or other arrangement that otherwise 
     satisfies all applicable requirements of sections 106, 125, 
     or 129 of the Internal Revenue Code (including any rules or 
     regulations thereunder) shall not fail to be treated as a 
     cafeteria plan, health flexible spending arrangement, or 
     dependent care flexible spending arrangement (whichever is 
     applicable) merely because such plan or arrangement extends 
     the grace period for the plan year ending in 2020 to 12 
     months after the end of such plan year, with respect to 
     unused benefits or contributions remaining in a health 
     flexible spending arrangement or a dependent care flexible 
     spending arrangement.
       (b) Post-termination Reimbursements From Health FSAs.--A 
     plan or other arrangement that otherwise satisfies all 
     applicable requirements of sections 106 and 125 of the 
     Internal Revenue Code of 1986 (including any rules or 
     regulations thereunder) shall not fail to be treated as a 
     cafeteria plan or health flexible spending arrangement merely 
     because such plan or arrangement allows (under rules similar 
     to the rules applicable to dependent care flexible spending 
     arrangements) an employee who ceases participation in the 
     plan during calendar year 2020 to continue to receive 
     reimbursements from unused benefits or contributions through 
     the end of the plan year (including any grace period, taking 
     into account any modification of a grace period permitted 
     under subsection (a)).
       (c) Definitions.--Any term used in this section which is 
     also used in section 106, 125, or 129 of the Internal Revenue 
     Code of 1986 or the rules or regulations thereunder shall 
     have the same meaning as when used in such section or rules 
     or regulations.

     SEC. 20156. PLAN AMENDMENTS.

       A plan or other arrangement that otherwise satisfies all 
     applicable requirements of sections 106, 125, and 129 of the 
     Internal Revenue Code of 1986 (including any rules or 
     regulations thereunder) shall not fail to be treated as a 
     cafeteria plan, health flexible spending arrangement, or 
     dependent care flexible spending arrangement merely because 
     such plan or arrangement is amended pursuant to a provision 
     under this subtitle and such amendment is retroactive, if--
       (1) such amendment is adopted no later than the last day of 
     the plan year in which the amendment is effective, and
       (2) the plan or arrangement is operated consistent with the 
     terms of such amendment during the period beginning on the 
     effective date of the amendment and ending on the date the 
     amendment is adopted.

             Subtitle G--Deduction of State and Local Taxes

     SEC. 20161. ELIMINATION FOR 2020 AND 2021 OF LIMITATION ON 
                   DEDUCTION OF STATE AND LOCAL TAXES.

       (a) In General.--Section 164(b)(6)(B) of the Internal 
     Revenue Code of 1986 is amended by inserting ``in the case of 
     a taxable year beginning before January 1, 2020, or after 
     December 31, 2021,'' before ``the aggregate amount of 
     taxes''.

[[Page H2067]]

       (b) Conforming Amendments.--Section 164(b)(6) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``For purposes of subparagraph (B)'' and 
     inserting ``For purposes of this section'',
       (2) by striking ``January 1, 2018'' and inserting ``January 
     1, 2022'',
       (3) by striking ``December 31, 2017, shall'' and inserting 
     ``December 31, 2021, shall'', and
       (4) by adding at the end the following: ``For purposes of 
     this section, in the case of State or local taxes with 
     respect to any real or personal property paid during a 
     taxable year beginning in 2020 or 2021, the Secretary shall 
     prescribe rules which treat all or a portion of such taxes as 
     paid in a taxable year or years other than the taxable year 
     in which actually paid as necessary or appropriate to prevent 
     the avoidance of the limitations of this subsection.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxes paid or accrued in taxable years 
     beginning after December 31, 2019.

                TITLE II--ADDITIONAL RELIEF FOR WORKERS

                     Subtitle A--Additional Relief

     SEC. 20201. INCREASE IN ABOVE-THE-LINE DEDUCTION FOR CERTAIN 
                   EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL 
                   TEACHERS.

       (a) Increase.--Section 62(a)(2)(D) of the Internal Revenue 
     Code of 1986 is amended by striking ``$250'' and inserting 
     ``$500''.
       (b) Conforming Amendments.--Section 62(d)(3) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``2015'' and inserting ``2020'',
       (2) by striking ``$250'' and inserting ``$500'', and
       (3) in subparagraph (B), by striking ``2014'' and inserting 
     ``2019''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 20202. ABOVE-THE-LINE DEDUCTION ALLOWED FOR CERTAIN 
                   EXPENSES OF FIRST RESPONDERS.

       (a) In General.--Section 62(a)(2) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(F) Certain expenses of first responders.--The deductions 
     allowed by section 162 which consist of expenses, not in 
     excess of $500, paid or incurred by a first responder--
       ``(i) as tuition or fees for the participation of the first 
     responder in professional development courses related to 
     service as a first responder, or
       ``(ii) for uniforms used by the first responder in service 
     as a first responder.''.
       (b) First Responder Defined.--Section 62(d) of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new paragraph:
       ``(4) First responder.--For purposes of subsection 
     (a)(2)(F), the term `first responder' means, with respect to 
     any taxable year, any employee who provides at least 1000 
     hours of service during such taxable year as a law 
     enforcement officer, firefighter, paramedic, or emergency 
     medical technician.''.
       (c) Inflation Adjustment.--Section 62(d)(3) of the Internal 
     Revenue Code of 1986, as amended by the preceding provisions 
     of this Act, is further amended by striking ``the $500 amount 
     in subsection (a)(2)(D)'' and inserting ``the $500 amount in 
     each of subparagraphs (D) and (F) of subsection (a)(2)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 20203. TEMPORARY ABOVE-THE-LINE DEDUCTION FOR SUPPLIES 
                   AND EQUIPMENT OF FIRST RESPONDERS AND COVID-19 
                   FRONT LINE EMPLOYEES.

       (a) In General.--Section 62(d) of the Internal Revenue Code 
     of 1986, as amended by the preceding provisions of this Act, 
     is amended by adding at the end of the following new 
     paragraph:
       ``(5) Temporary rule for first responders and covid-19 
     front line employees.--
       ``(A) In general.--In the case of any taxable year 
     beginning in 2020--
       ``(i) subsection (a)(2)(F)(ii) shall be applied by 
     substituting `uniforms, supplies, or equipment' for 
     `uniforms', and
       ``(ii) for purposes of subsection (a)(2)(F), the term 
     `first responder' shall include any COVID-19 front line 
     employee.
       ``(B) COVID-19 front line employee.--For purposes of this 
     paragraph, the term `COVID-19 front line employee' means, 
     with respect to any taxable year, any individual who performs 
     at least 1000 hours of essential work (as defined in the 
     COVID-19 Heroes Fund Act of 2020 except without regard to the 
     time period during which such work is performed) during such 
     taxable year as an employee in a trade or business of an 
     employer.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 20204. PAYROLL CREDIT FOR CERTAIN PANDEMIC-RELATED 
                   EMPLOYEE BENEFIT EXPENSES PAID BY EMPLOYERS.

       (a) In General.--In the case of an employer, there shall be 
     allowed as a credit against applicable employment taxes for 
     each calendar quarter an amount equal to the applicable 
     percentage of the qualified pandemic-related employee benefit 
     expenses paid by such employer with respect to such calendar 
     quarter.
       (b) Limitations and Refundability.--
       (1) Dollar limitation per employee.--The qualified 
     pandemic-related employee benefit expenses which may be taken 
     into account under subsection (a) with respect to any 
     employee for any calendar quarter shall not exceed $5,000.
       (2) Credit limited to certain employment taxes.--The credit 
     allowed by subsection (a) with respect to any calendar 
     quarter shall not exceed the applicable employment taxes for 
     such calendar quarter (reduced by any credits allowed under 
     subsections (e) and (f) of section 3111 of such Code, 
     sections 7001 and 7003 of the Families First Coronavirus 
     Response Act, and section 2301 of the CARES Act, for such 
     quarter) on the wages paid with respect to the employment of 
     all the employees of the 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 an 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.
       (4) Coordination with government grants.--The qualified 
     pandemic-related employee benefit expenses taken into account 
     under this section by any employer shall be reduced by any 
     amounts provided by and Federal, State, or local government 
     for purposes of making or reimbursing such expenses.
       (c) Qualified Pandemic-related Employee Benefit Expenses.--
     For purposes of this section, the term ``qualified pandemic-
     related employee benefit expenses'' means any amount paid to 
     or for the benefit of an employee in the employment of the 
     employer if--
       (1) such amount is excludible from the gross income of the 
     employee under section 139 of the Internal Revenue Code of 
     1986 by reason of being a qualified disaster relief payment 
     described in subsection (b)(1) of such section with respect 
     to a qualified disaster described in subsection (c)(2) of 
     such section which was declared by reason of COVID-19, and
       (2) the employer elects (at such time and in such manner as 
     the Secretary may provide) to treat such amount as a 
     qualified pandemic-related employee benefit expense.
       (d) Applicable Percentage.--For purposes of this section--
       (1) In general.--The term ``applicable percentage'' means--
       (A) 50 percent, in the case of qualified pandemic-related 
     employee benefit expenses paid with respect to an essential 
     employee, and
       (B) 30 percent, in any other case.
       (2) Essential employee.--The term ``essential employee'' 
     means, with respect to any employer for any calendar quarter, 
     any employee of such employer if a substantial portion of the 
     services performed by such employee for such employer during 
     such calendar quarter are essential work (as defined in the 
     COVID-19 Heroes Fund Act of 2020 except without regard to the 
     time period during which such work is performed).
       (e) Special Rules; Other Definitions.--
       (1) Application of certain non-discrimination rules.--No 
     credit shall be allowed under this section to any employer 
     for any calendar quarter if qualified pandemic-related 
     employee benefit expenses are provided by such employer to 
     employees for such calendar quarter in a manner which 
     discriminates in favor of highly compensated individuals 
     (within the meaning of section 125) as to eligibility for, or 
     the amount of, such benefit expenses. An employer may elect 
     with respect to any calendar quarter to apply this paragraph 
     separately with respect to essential employees and with 
     respect to all other employees.
       (2) Denial of double benefit.--For purposes of chapter 1 of 
     such Code, no deduction or credit (other than the credit 
     allowed under this section) shall be allowed for so much of 
     qualified pandemic-related employee benefit expenses as is 
     equal to the credit allowed under this section.
       (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.
       (4) Applicable employment taxes.--For purposes of this 
     section, 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 3221(a) of 
     such Code as are attributable to the rate in effect under 
     section 3111(a) of such Code.
       (5) Secretary.--For purposes of this section, the term 
     ``Secretary'' means the Secretary of the Treasury or the 
     Secretary's delegate.
       (6) Certain terms.--
       (A) In general.--Any term used in this section which is 
     also used in chapter 21 or 22 of such Code shall have the 
     same meaning as when used in such chapter (as the case may 
     be).
       (B) Certain provisions not taken into account except for 
     purposes of limiting credit to employment taxes.--For 
     purposes of subparagraph (A) (other than with respect to 
     subsection (b)(2)), section 3121(b) of such Code shall be 
     applied without regard to paragraphs (1), (5), (6), (7), (8), 
     (10), (13), (18), (19), and (22) thereof (except with respect 
     to services performed in a penal institution by an inmate 
     thereof) and section 3231(e)(1) shall be applied without 
     regard to the sentence that begins ``Such term does not 
     include remuneration''.
       (f) Certain Governmental Employers.--
       (1) In general.--The credit under this section shall not be 
     allowed to the Federal Government or any agency or 
     instrumentality thereof.
       (2) Exception.--Paragraph (1) shall not apply to any 
     organization described in section 501(c)(1) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code.
       (g) Treatment of Deposits.--The Secretary shall waive any 
     penalty under section 6656 of such Code for any failure to 
     make a deposit of applicable employment taxes if the 
     Secretary determines that such failure was due to the 
     anticipation of the credit allowed under this section.

[[Page H2068]]

       (h) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary to carry 
     out the purposes of this section, including regulations or 
     other guidance--
       (1) to allow the advance payment of the credit determined 
     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 of the credit at the time of filing 
     the return of tax for the applicable quarter or taxable year,
       (3) for recapturing the benefit of credits determined under 
     this section in cases where there is a subsequent adjustment 
     to the credit determined under subsection (a), and
       (4) with respect to the application of the credit to third 
     party payors (including professional employer organizations, 
     certified professional employer organizations, or agents 
     under section 3504 of such Code), including to allow such 
     payors to submit documentation necessary to substantiate 
     eligibility for, and the amount of, the credit allowed under 
     this section.
       (i) Application of Section.--This section shall apply only 
     to qualified pandemic-related employee benefit expenses paid 
     after March 12, 2020, and before January 1, 2021.
       (j) Transfers to Certain Trust Funds.--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. 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.

        Subtitle B--Tax Credits to Prevent Business Interruption

     SEC. 20211. IMPROVEMENTS TO EMPLOYEE RETENTION CREDIT.

       (a) Increase in Credit Percentage.--Section 2301(a) of the 
     CARES Act is amended by striking ``50 percent'' and inserting 
     ``80 percent''.
       (b) Increase in Per Employee Limitation.--Section 
     2301(b)(1) of the CARES Act is amended by striking ``for all 
     calendar quarters shall not exceed $10,000.'' and inserting 
     ``shall not exceed--
       ``(A) $15,000 in any calendar quarter, and
       ``(B) $45,000 in the aggregate for all calendar 
     quarters.''.
       (c) Modification of Threshold for Treatment as a Large 
     Employer.--
       (1) In general.--Section 2301(c)(3)(A) of the CARES Act is 
     amended--
       (A) by striking ``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'' in clause (i) and 
     inserting ``which is a large employer'', and
       (B) by striking ``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'' in clause 
     (ii) and inserting ``which is not a large employer''.
       (2) Large employer defined.--Section 2301(c) of the CARES 
     Act is amended by redesignating paragraph (6) as paragraph 
     (7) and by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) Large employer.--The term `large employer' means any 
     eligible employer if--
       ``(A) the average number of full-time employees (as 
     determined for purposes of determining whether an employer is 
     an applicable large employer for purposes of section 
     4980H(c)(2) of the Internal Revenue Code of 1986) employed by 
     such eligible employer during calendar year 2019 was greater 
     than 1,500, and
       ``(B) the gross receipts (within the meaning of section 
     448(c) of the Internal Revenue Code of 1986) of such eligible 
     employer during calendar year 2019 was greater than 
     $41,500,000.''.
       (d) Phase-in of Eligibility Based on Reduction in Gross 
     Receipts.--
       (1) Decrease of reduction in gross receipts necessary to 
     qualify for credit.--Section 2301(c)(2)(B) of the CARES Act 
     is amended--
       (A) by striking ``50 percent'' in clause (i) and inserting 
     ``90 percent'', and
       (B) by striking ``80 percent'' in clause (ii) and inserting 
     ``90 percent''.
       (2) Phase-in of credit if reduction in gross receipts is 
     less than 50 percent.--Section 2301(c)(2) of the CARES Act is 
     amended by adding at the end the following new subparagraph:
       ``(D) Phase-in of credit where business not suspended and 
     reduction in gross receipts less than 50 percent.--
       ``(i) In general.--In the case of any calendar quarter with 
     respect to which an eligible employer would not be an 
     eligible employer if subparagraph (B)(i) were applied by 
     substituting `50 percent' for `90 percent', the amount of the 
     credit allowed under subsection (a) shall be reduced by the 
     amount which bears the same ratio to the amount of such 
     credit (determined without regard to this subparagraph) as--

       ``(I) the excess gross receipts percentage point amount, 
     bears to
       ``(II) 40 percentage points.

       ``(ii) Excess gross receipts percentage point amount.--For 
     purposes of this subparagraph, the term `excess gross 
     receipts percentage point amount' means, with respect to any 
     calendar quarter, the excess of--

       ``(I) the lowest of the gross receipts percentage point 
     amounts determined with respect to any calendar quarter 
     during the period ending with such calendar quarter and 
     beginning with the first calendar quarter during the period 
     described in subparagraph (B), over
       ``(II) 50 percentage points.

       ``(iii) Gross receipts percentage point amounts.--For 
     purposes of this subparagraph, the term `gross receipts 
     percentage point amount' means, with respect to any calendar 
     quarter, the percentage (expressed as a number of percentage 
     points) obtained by dividing--

       ``(I) the gross receipts (within the meaning of 
     subparagraph (B)) for such calendar quarter, by
       ``(II) the gross receipts for the same calendar quarter in 
     calendar year 2019.''.

       (3) Gross receipts of tax-exempt organizations.--Section 
     2301(c)(2)(C) of the CARES Act is amended--
       (A) by striking ``of such Code, clauses (i) and (ii)(I)'' 
     and inserting ``of such Code--
       ``(i) clauses (i) and (ii)(I)'',
       (B) by striking the period at the end and inserting ``, 
     and'', and
       (C) by adding at the end the following new clause:
       ``(ii) any reference in this section to gross receipts 
     shall be treated as a reference to gross receipts within the 
     meaning of section 6033 of such Code.''.
       (e) Modification of Treatment of Health Plan Expenses.--
       (1) In general.--Section 2301(c)(5) of the CARES Act is 
     amended to read as follows:
       ``(5) Wages.--
       ``(A) In general.--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).
       ``(B) Allowance for certain health plan expenses.--
       ``(i) In general.--Such term shall include 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.
       ``(ii) Allocation rules.--For purposes of this section, 
     amounts treated as wages under clause (i) shall be treated as 
     paid with respect to any employee (and with respect to any 
     period) to the extent that such amounts are properly 
     allocable to such employee (and to such period) 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 
     periods of coverage.''.
       (2) Conforming amendment.--Section 2301(c)(3) of the CARES 
     Act is amended by striking subparagraph (C).
       (f) Qualified Wages Permitted to Include Amounts for Tip 
     Replacement.--
       (1) In general.--Section 2301(c)(3)(B) of the CARES Act is 
     amended by inserting ``(including tips which would have been 
     deemed to be paid by the employer under section 3121(q))'' 
     after ``would have been paid''.
       (2) Conforming amendment.--Section 2301(h)(2) of the CARES 
     Act is amended by inserting ``45B or'' before ``45S''.
       (g) Certain Governmental Employers Eligible for Credit.--
       (1) In general.--Section 2301(f) of the CARES Act is 
     amended to read as follows:
       ``(f) Certain Governmental Employers.--
       ``(1) In general.--The credit under this section shall not 
     be allowed to the Federal Government or any agency or 
     instrumentality thereof.
       ``(2) Exception.--Paragraph (1) shall not apply to any 
     organization described in section 501(c)(1) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code.
       ``(3) Special rules.--In the case of any State government, 
     Indian tribal government, or any agency, instrumentality, or 
     political subdivision of the foregoing--
       ``(A) clauses (i) and (ii)(I) of subsection (c)(2)(A) shall 
     apply to all operations of such entity, and
       ``(B) subclause (II) of subsection (c)(2)(A)(ii) shall not 
     apply.''.
       (2) Coordination with application of certain definitions.--
       (A) In general.--Section 2301(c)(5)(A) of the CARES Act, as 
     amended by the preceding provisions of this Act, is amended 
     by adding at the end the following: ``For purposes of the 
     preceding sentence (other than for purposes of subsection 
     (b)(2)), wages as defined in section 3121(a) of the Internal 
     Revenue Code of 1986 shall be determined without regard to 
     paragraphs (1), (5), (6), (7), (8), (10), (13), (18), (19), 
     and (22) of section 3212(b) of such Code (except with respect 
     to services performed in a penal institution by an inmate 
     thereof).''.
       (B) Conforming amendments.--Sections 2301(c)(6) of the 
     CARES Act is amended by striking ``Any term'' and inserting 
     ``Except as otherwise provided in this section, any term''.
       (h) Application of Credit to Employers of Domestic 
     Workers.--
       (1) In general.--Section 2301(c)(2) of the CARES Act, as 
     amended by the preceding provisions of this Act, is amended 
     by adding at the end the following new subparagraph:
       ``(E) Employers of domestic workers.--In the case of an 
     employer with one or more employees who perform domestic 
     service (within the meaning of section 3121(a)(7) of such 
     Code) in the private home of such employer, with respect to 
     such employees--
       ``(i) subparagraph (A) shall be applied--

       ``(I) by substituting `employing an employee who performs 
     domestic service in the private home of such employer' for 
     `carrying on a trade or business' in clause (i) thereof, and
       ``(II) by substituting `such employment' for `the operation 
     of the trade or business' in clause (ii)(I) thereof.

[[Page H2069]]

       ``(ii) subclause (II) of subparagraph (A)(ii) shall not 
     apply, and
       ``(iii) such employer shall be treated as a large 
     employer.''.
       (2) Denial of double benefit.--Section 2301(h)(2) of the 
     CARES Act, as amended by preceding provisions of this Act, is 
     amended--
       (A) by striking ``shall not be taken into account for 
     purposes of'' and inserting ``shall not be taken into 
     account--
       ``(A) for purposes of'',
       (B) by striking the period at the end and inserting ``, 
     and'' , and
       (C) by adding at the end the following:
       ``(B) if such wages are paid for domestic service described 
     in subsection (c)(2)(E), as employment-related expenses for 
     purposes of section 21 of such Code.
     In the case of any individual who pays wages for domestic 
     service described in subsection (c)(2)(E) and receives a 
     reimbursement for such wages which is excludible from gross 
     income under section 129 of such Code, such wages shall not 
     be treated as qualified wages for purposes of this 
     section.''.
       (i) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 2301 of the CARES 
     Act.

     SEC. 20212. PAYROLL CREDIT FOR CERTAIN FIXED EXPENSES OF 
                   EMPLOYERS SUBJECT TO CLOSURE BY REASON OF 
                   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 fixed expenses paid or incurred by such 
     employer during such calendar quarter.
       (b) Limitations and Refundability.--
       (1) Limitation.--The qualified fixed expenses which may be 
     taken into account under subsection (a) by any eligible 
     employer for any calendar quarter shall not exceed the least 
     of--
       (A) the qualified fixed expenses paid by the eligible 
     employer in the same calendar quarter of calendar year 2019,
       (B) $50,000, or
       (C) the greater of--
       (i) 25 percent of the wages paid with respect to the 
     employment of all the employees of the eligible employer for 
     such calendar quarter, or
       (ii) 6.25 percent of the gross receipts of the eligible 
     employer for calendar year 2019.
       (2) Credit limited to certain employment taxes.--The credit 
     allowed by subsection (a) with respect to any calendar 
     quarter shall not exceed the applicable employment taxes for 
     such calendar quarter (reduced by any credits allowed under 
     subsections (e) and (f) of section 3111 of such Code, 
     sections 7001 and 7003 of the Families First Coronavirus 
     Response Act, section 2301 of the CARES Act, and section 
     20204 of this division, for such quarter) 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 an 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.
       (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,
       (ii) which had either--

       (I) not more than 1,500 full-time equivalent employees (as 
     determined for purposes of determining whether an employer is 
     an applicable large employer for purposes of section 
     4980H(c)(2) of the Internal Revenue Code of 1986) for 
     calendar year 2019, or
       (II) not more than $41,500,000 of gross receipts in the 
     last taxable year ending in 2019, and

       (iii) 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) 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 90 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 90 percent of gross receipts for the same 
     calendar quarter in the prior year.
       (C) 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--
       (i) any reference in this section to a trade or business 
     shall be treated as a reference to all operations of such 
     organization, and
       (ii) any reference in this section to gross receipts shall 
     be treated as a reference to gross receipts within the 
     meaning of section 6033 of the Internal Revenue Code of 1986.
       (D) Phase-in of credit where business not suspended and 
     reduction in gross receipts less than 50 percent.--
       (i) In general.--In the case of any calendar quarter with 
     respect to which an eligible employer would not be an 
     eligible employer if subparagraph (B)(i) were applied by 
     substituting ``50 percent'' for ``90 percent'', the amount of 
     the credit allowed under subsection (a) shall be reduced by 
     the amount which bears the same ratio to the amount of such 
     credit (determined without regard to this subparagraph) as--

       (I) the excess gross receipts percentage point amount, 
     bears to
       (II) 40 percentage points.

       (ii) Excess gross receipts percentage point amount.--For 
     purposes of this subparagraph, the term ``excess gross 
     receipts percentage point amount'' means, with respect to any 
     calendar quarter, the excess of--

       (I) the lowest of the gross receipts percentage point 
     amounts determined with respect to any calendar quarter 
     during the period ending with such calendar quarter and 
     beginning with the first calendar quarter during the period 
     described in subparagraph (B), over
       (II) 50 percentage points.

       (iii) Gross receipts percentage point amounts.--For 
     purposes of this subparagraph, the term ``gross receipts 
     percentage point amount'' means, with respect to any calendar 
     quarter, the percentage (expressed as a number of percentage 
     points) obtained by dividing--

       (I) the gross receipts (within the meaning of subparagraph 
     (B)) for such calendar quarter, by
       (II) the gross receipts for the same calendar quarter in 
     calendar year 2019.

       (3) Qualified fixed expenses.--
       (A) In general.--The term ``qualified fixed expenses'' 
     means the payment or accrual, in the ordinary course of the 
     eligible employer's trade or business, of any covered 
     mortgage obligation, covered rent obligation, or covered 
     utility payment. Such term shall not include the prepayment 
     of any obligation for a period in excess of a month unless 
     the payment for such period is customarily due in advance.
       (B) Application of definitions.--The terms ``covered 
     mortgage obligation'', ``covered rent obligation'', and 
     ``covered utility payment'' shall each have the same meaning 
     as when used in section 1106 of the CARES Act.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the Secretary's delegate.
       (5) Wages.--
       (A) In general.--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). 
     For purposes of the preceding sentence (other than for 
     purposes of subsection (b)(2)), wages as defined in section 
     3121(a) of such Code shall be determined without regard to 
     paragraphs (1), (8), (10), (13), (18), (19), and (22) of 
     section 3121(b) of such Code.
       (B) Allowance for certain health plan expenses.--
       (i) In general.--Such term shall include 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.
       (ii) Allocation rules.--For purposes of this section, 
     amounts treated as wages under clause (i) shall be treated as 
     paid with respect to any employee (and with respect to any 
     period) to the extent that such amounts are properly 
     allocable to such employee (and to such period) 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 
     periods of coverage.
       (6) Employer.--The term ``employer'' means any employer (as 
     defined in section 3401(d) of such Code) of at least one 
     employee on any day in calendar year 2020.
       (7) Other terms.--Except as otherwise provided in this 
     section, 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) Denial of Double Benefit.--For purposes of chapter 1 of 
     such Code, the gross income of any eligible employer, for the 
     taxable year which includes the last day of any calendar 
     quarter with respect to which a credit is allowed under this 
     section, shall be increased by the amount of such credit.
       (f) Certain Governmental Employers.--
       (1) In general.--The credit under this section shall not be 
     allowed to the Federal Government, the government of any 
     State, of the District of Columbia, or of any possession of 
     the United States, any tribal government, or any political 
     subdivision, agency, or instrumentality of any of the 
     foregoing.
       (2) Exception.--Paragraph (1) shall not apply to any 
     organization described in section 501(c)(1) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code.

[[Page H2070]]

       (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) Transfers to Certain Trust Funds.--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. 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.
       (i) Treatment of Deposits.--The Secretary shall waive any 
     penalty under section 6656 of such Code for any failure to 
     make a deposit of applicable employment taxes if the 
     Secretary determines that such failure was due to the 
     anticipation of the credit allowed under this section.
       (j) Third Party Payors.--Any credit allowed under this 
     section shall be treated as a credit described in section 
     3511(d)(2) of such Code.
       (k) 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) regulations or other guidance to provide for the 
     reconciliation of such advance payment with the amount of the 
     credit at the time of filing the return of tax for the 
     applicable quarter or taxable year,
       (3) with respect to the application of the credit under 
     subsection (a) to third party payors (including professional 
     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,
       (4) for application of subsection (b)(1)(A) and 
     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, and
       (5) for recapturing the benefit of credits determined under 
     this section in cases where there is a subsequent adjustment 
     to the credit determined under subsection (a).
       (l) Application of Section.--This section shall apply only 
     to qualified fixed expenses paid or accrued after March 12, 
     2020, and before January 1, 2021.

     SEC. 20213. BUSINESS INTERRUPTION CREDIT FOR CERTAIN SELF-
                   EMPLOYED INDIVIDUALS.

       (a) Credit Against Tax.--In the case of an eligible self-
     employed individual, there shall be allowed as a credit 
     against the tax imposed by chapter 1 of subtitle A of the 
     Internal Revenue Code of 1986 for the taxpayer's first 
     taxable year beginning in 2020 an amount equal to 90 percent 
     of the eligible self-employed individual's qualified self-
     employment income.
       (b) Limitations.--
       (1) Overall limitation.--The amount of qualified self-
     employment income taken into account under subsection (a) 
     with respect to any eligible self-employed individual shall 
     not exceed $45,000.
       (2) Limitation based on modified adjusted gross income.--
       (A) In general.--The amount of the credit allowed by 
     subsection (a) (after application of paragraph (1)) shall be 
     reduced (but not below zero) by 50 percent of so much of the 
     taxpayer's modified adjusted gross income for the taxpayer's 
     first taxable year beginning in 2020 as exceeds $60,000 
     ($120,000 in the case of a joint return).
       (B) Modified adjusted gross income.--For purposes of this 
     section the term ``modified adjusted gross income'' means 
     adjusted gross income determined without regard to sections 
     911, 931, and 933 of such Code.
       (c) Eligible Self-employed Individual.--For purposes of 
     this section, the term ``eligible self-employed individual'' 
     means an individual--
       (1) who--
       (A) regularly carries on one or more trades or businesses 
     within the meaning of section 1402 of such Code, or
       (B) is allocated income or loss described in section 
     702(a)(8) of such Code from any trade or business carried on 
     by a partnership which is not excluded under section 1402 of 
     such Code, and
       (2) for whom gross self-employment income during the first 
     taxable year beginning in 2020 is less than 90 percent of 
     such individual's gross self-employment income during the 
     first taxable year beginning in 2019.
       (d) Qualified Self-employment Income.--For purposes of this 
     section--
       (1) In general.--The term ``qualified self-employment 
     income'' means the product of--
       (A) the specified gross self-employment income reduction 
     for the first taxable year beginning in 2020, multiplied by
       (B) the ratio of--
       (i) self-employment income (as determined under section 
     1402(b) of such Code, but not below zero) for the first 
     taxable year beginning in 2019, divided by
       (ii) gross self-employment income for the first taxable 
     year beginning in 2019.
       (2) Limitation based on modified adjusted gross income.--In 
     the case of any taxpayer, qualified self-employment income 
     shall not exceed the excess (if any) of--
       (A) modified adjusted gross income for the first taxable 
     year beginning in 2019, over
       (B) modified adjusted gross income for the first taxable 
     year beginning in 2020.
       (3) Specified gross self-employment income reduction.--For 
     purposes of paragraph (1), the term ``specified gross self-
     employment income reduction'' means, with respect to a 
     taxable year, the excess (if any) of--
       (A) 90 percent of gross self-employment income for the 
     taxable year preceding such taxable year, over
       (B) gross self-employment income for such taxable year.
       (e) Gross Self-employment Income.--For purposes of this 
     section, the term ``gross self-employment income'' means, 
     with respect to any taxable year, the sum of--
       (1) the eligible self-employed individuals' gross income 
     derived from all trades or business carried on by such 
     individual for purposes of determining net earnings from 
     self-employment under section 1402 of such Code for such 
     taxable year, and
       (2) the eligible individual's distributive share of gross 
     income (as determined under section 702(c) of such Code) from 
     any trade or business carried on by a partnership for 
     purposes of determining net earnings from self-employment 
     under section 1402 of such Code (and which is not excluded 
     under such section) for such taxable year.
       (f) Special Rules.--
       (1) Credit refundable.--
       (A) In general.--The credit determined under this section 
     shall be treated as a credit allowed to the taxpayer under 
     subpart C of part IV of subchapter A of chapter 1 of such 
     Code.
       (B) Treatment of payments.--For purposes of section 1324 of 
     title 31, United States Code, any refund due from the credit 
     allowed under this section shall be treated in the same 
     manner as a refund due from a credit provision referred to in 
     subsection (b)(2) of such section.
       (2) Documentation.--No credit shall be allowed under this 
     section unless the taxpayer maintains such documentation as 
     the Secretary of the Treasury (or the Secretary's delegate) 
     may prescribe to establish such individual as an eligible 
     self-employed individual.
       (3) Denial of double benefit.--Qualified self-employment 
     income shall be reduced by--
       (A) the qualified sick leave equivalent amount for which a 
     credit is allowed under section 7002(a) of the Families First 
     Coronavirus Response Act and the qualified family leave 
     equivalent amount for which a credit is allowed under section 
     7004(a) of such Act,
       (B) the qualified wages for which a credit is allowed under 
     section 2301 of the CARES Act,
       (C) the amount of the credit allowed under section 6432 of 
     the Internal Revenue Code of 1986 (as added by this Act), and
       (D) except to the extent taken into account in determining 
     gross self-employment income, amounts from a covered loan 
     under section 7(a)(36) of the Small Business Act that are--
       (i) forgiven pursuant to section 1106(b) of the CARES Act, 
     and
       (ii) paid or distributed to the eligible self-employed 
     individual as payroll costs described in section 
     7(a)(36)(A)(viii)(I) of the Small Business Act.
       (4) Joint returns.--
       (A) In general.--In the case of a joint return, the 
     taxpayer shall be treated for purposes of this section as an 
     eligible self-employed individual if either spouse is an 
     eligible self-employed individual.
       (B) Application of modified adjusted gross income 
     limitation on qualified self-employment income.--If the 
     taxpayer filed a joint return for only one of the taxable 
     years described in subsection (d)(2), such limitation shall 
     apply in such manner as the Secretary of the Treasury (or the 
     Secretary's delegate) may provide.
       (5) Election not to have section apply.--This section shall 
     not apply with respect to any taxpayer for any taxable year 
     if such taxpayer elects (at such time and in such manner as 
     the Secretary of the Treasury, or the Secretary's delegate, 
     may prescribe) not to have this section apply.
       (g) Application of Credit in Certain Possessions.--
       (1) Payments to possessions with mirror code tax systems.--
     The Secretary of the Treasury (or the Secretary's delegate) 
     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 application of the 
     provisions of this section. Such amounts shall be determined 
     by the Secretary of the Treasury (or the Secretary's 
     delegate) based on information provided by the government of 
     the respective possession.
       (2) Payments to other possessions.--The Secretary of the 
     Treasury (or the Secretary's delegate) 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 (or the Secretary's delegate) as being equal to the 
     aggregate benefits (if any) that would have been provided to 
     residents of such possession by reason of the provisions of 
     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 (or the Secretary's 
     delegate), under which such possession will promptly 
     distribute such payments to its residents.
       (3) Mirror code tax system.--For purposes of this section, 
     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

[[Page H2071]]

     determined by reference to the income tax laws of the United 
     States as if such possession were the United States.
       (4) Treatment of payments.--For purposes of section 1324 of 
     title 31, United States Code, the payments under this section 
     shall be treated in the same manner as a refund due from a 
     credit provision referred to in subsection (b)(2) of such 
     section.
       (h) Certain Terms.--Any term used in this section which is 
     also used in chapter 2 of the Internal Revenue Code of 1986 
     shall have the same meaning as when used in such chapter.
       (i) Regulations and Guidance.--The Secretary of the 
     Treasury (or the Secretary's delegate) shall issue such 
     forms, instructions, regulations, and guidance as are 
     necessary or appropriate--
       (1) to allow the advance payment of the credit under 
     subsection (a) (including allowing use of the anticipated 
     credit to offset estimated taxes) based on the taxpayer's 
     good faith estimates of gross self-employment income and 
     qualified self-employment income for the first taxable year 
     beginning in 2020 and such other information as the Secretary 
     of the Treasury (or the Secretary's delegate) shall require, 
     subject to the limitations provided in this section,
       (2) to provide for the reconciliation of such advance 
     payment with the amount of the credit at the time of filing 
     the return of tax for the taxpayer's first taxable year 
     beginning in 2020,
       (3) to provide for the application of this section to 
     partners in partnerships, and
       (4) to implement the purposes of this section.

           Subtitle C--Credits for Paid Sick and Family Leave

     SEC. 20221. EXTENSION OF CREDITS.

       (a) In General.--Sections 7001(g), 7002(e), 7003(g), and 
     7004(e) of the Families First Coronavirus Response Act are 
     each amended by striking ``2020'' and inserting ``2021''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 20222. REPEAL OF REDUCED RATE OF CREDIT FOR CERTAIN 
                   LEAVE.

       (a) Payroll Credit.--Section 7001(b) of the Families First 
     Coronavirus Response Act is amended by inserting ``or any day 
     on or after the date of the enactment of the Worker Health 
     Coverage Protection Act'' after ``in the case of any day any 
     portion of which is paid sick time described in paragraph 
     (1), (2), or (3) of section 5102(a) of the Emergency Paid 
     Sick Leave Act''.
       (b) Self-Employed Credit.--
       (1) In general.--Clauses (i) and (ii) of section 
     7002(c)(1)(B) of the Families First Coronavirus Response Act 
     are each amended by inserting inserting ``or any day on or 
     after the date of the enactment of the Worker Health Coverage 
     Protection Act'' after ``in the case of any day any portion 
     of which is paid sick time described in paragraph (1), (2), 
     or (3) of section 5102(a) of the Emergency Paid Sick Leave 
     Act''.
       (2) Conforming amendment.--Section 7002(d)(3) of the 
     Families First Coronavirus Response Act is amended by 
     inserting inserting ``or any day on or after the date of the 
     enactment of the Worker Health Coverage Protection Act'' 
     after ``in the case of any day any portion of which is paid 
     sick time described in paragraph (1), (2), or (3) of section 
     5102(a) of the Emergency Paid Sick Leave Act''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to days on or after the date of the enactment of 
     this Act.

     SEC. 20223. INCREASE IN LIMITATIONS ON CREDITS FOR PAID 
                   FAMILY LEAVE.

       (a) Increase in Overall Limitation on Qualified Family 
     Leave Wages.--
       (1) In general.--Section 7003(b)(1)(B) of the Families 
     First Coronavirus Response Act is amended by striking 
     ``$10,000'' and inserting ``$12,000''.
       (2) Conforming amendment.--Section 7004(d)(3) of the 
     Families First Coronavirus Response Act is amended by 
     striking ``$10,000'' and inserting ``$12,000''.
       (b) Increase in Qualified Family Leave Equivalent Amount 
     for Self-employed Individuals.--Section 7004(c)(1)(A) of the 
     Families First Coronavirus Response Act is amended by 
     striking ``50'' and inserting ``60''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 20224. ELECTION TO USE PRIOR YEAR NET EARNINGS FROM 
                   SELF-EMPLOYMENT IN DETERMINING AVERAGE DAILY 
                   SELF-EMPLOYMENT INCOME.

       (a) Credit for Sick Leave.--Section 7002(c) of the Families 
     First Coronavirus Response Act is amended by adding at the 
     end the following new paragraph:
       ``(4) Election to use prior year net earnings from self-
     employment income.--In the case of an individual who elects 
     (at such time and in such manner as the Secretary, or the 
     Secretary's delegate, may provide) the application of this 
     paragraph, paragraph (2)(A) shall be applied by substituting 
     `the prior taxable year' for `the taxable year'.''.
       (b) Credit for Family Leave.--Section 7004(c) of the 
     Families First Coronavirus Response Act is amended by adding 
     at the end the following new paragraph:
       ``(4) Election to use prior year net earnings from self-
     employment income.--In the case of an individual who elects 
     (at such time and in such manner as the Secretary, or the 
     Secretary's delegate, may provide) the application of this 
     paragraph, paragraph (2)(A) shall be applied by substituting 
     `the prior taxable year' for `the taxable year'.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 20225. FEDERAL, STATE, AND LOCAL GOVERNMENTS ALLOWED TAX 
                   CREDITS FOR PAID SICK AND PAID FAMILY AND 
                   MEDICAL LEAVE.

       (a) In General.--Sections 7001(e) and 7003(e) of the 
     Families First Coronavirus Response Act are each amended by 
     striking paragraph (4).
       (b) Coordination With Application of Certain Definitions.--
       (1) In general.--Sections 7001(c) and 7003(c) of the 
     Families First Coronavirus Response Act are each amended--
       (A) by inserting ``, determined without regard to 
     paragraphs (1) through (22) of section 3121(b) of such Code'' 
     after ``as defined in section 3121(a) of the Internal Revenue 
     Code of 1986'', and
       (B) by inserting ``, determined without regard to the 
     sentence in paragraph (1) thereof which begins `Such term 
     does include remuneration' '' after ``as defined in section 
     3231(e) of the Internal Revenue Code''.
       (2) Conforming amendments.--Sections 7001(e)(3) and 
     7003(e)(3) of the Families First Coronavirus Response Act are 
     each amended by striking ``Any term'' and inserting ``Except 
     as otherwise provided in this section, any term''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 20226. CERTAIN TECHNICAL IMPROVEMENTS.

       (a) Coordination With Exclusion From Employment Taxes.--
     Sections 7001(c) and 7003(c) of the Families First 
     Coronavirus Response Act, as amended by the preceding 
     provisions of this Act, are each amended--
       (1) by inserting ``and section 7005(a) of this Act,'' after 
     ``determined without regard to paragraphs (1) through (22) of 
     section 3121(b) of such Code'', and
       (2) by inserting ``and without regard to section 7005(a) of 
     this Act'' after ``which begins `Such term does not include 
     remuneration' ''.
       (b) Clarification of Applicable Railroad Retirement Tax for 
     Paid Leave Credits.--Sections 7001(e) and 7003(e) of the 
     Families First Coronavirus Response Act, as amended by the 
     preceding provisions of this Act, are each amended by adding 
     at the end the following new paragraph:
       ``(4) References to railroad retirement tax.--Any reference 
     in this section to the tax imposed by section 3221(a) of the 
     Internal Revenue Code of 1986 shall be treated as a reference 
     to so much of such tax as is attributable to the rate in 
     effect under section 3111(a) of such Code.''.
       (c) Clarification of Treatment of Paid Leave for Applicable 
     Railroad Retirement Tax.--Section 7005(a) of the Families 
     First Coronavirus Response Act is amended by adding the 
     following sentence at the end of such subsection: ``Any 
     reference in this subsection to the tax imposed by section 
     3221(a) of such Code shall be treated as a reference to so 
     much of the tax as is attributable to the rate in effect 
     under section 3111(a) of such Code.''
       (d) Clarification of Applicable Railroad Retirement Tax for 
     Hospital Insurance Tax Credit.--Section 7005(b)(1) of the 
     Families First Coronavirus Response Act is amended to read as 
     follows:
       ``(1) In general.--The credit allowed by section 7001 and 
     the credit allowed by section 7003 shall each be increased by 
     the amount of the tax imposed by section 3111(b) of the 
     Internal Revenue Code of 1986 and so much of the taxes 
     imposed under section 3221(a) of such Code as are 
     attributable to the rate in effect under section 3111(b) of 
     such Code on qualified sick leave wages, or qualified family 
     leave wages, for which credit is allowed under such section 
     7001 or 7003 (respectively).''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 20227. CREDITS NOT ALLOWED TO CERTAIN LARGE EMPLOYERS.

       (a) Credit for Required Paid Sick Leave.--
       (1) In general.--Section 7001(a) of the Families First 
     Coronavirus Response Act is amended by striking ``In the case 
     of an employer'' and inserting ``In the case of an eligible 
     employer''.
       (2) Eligible employer.--Section 7001(c) of the Families 
     First Coronavirus Response Act, as amended by the preceding 
     provisions of this Act, is amended by striking ``For purposes 
     of this section, the term'' and all that precedes it and 
     inserting the following:
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible employer.--The term `eligible employer' 
     means any employer other than an applicable large employer 
     (as defined in section 4980H(c)(2), determined by 
     substituting `500' for `50' each place it appears in 
     subparagraphs (A) and (B) thereof and without regard to 
     subparagraphs (D) and (F) thereof). For purposes of the 
     preceding sentence, the Government of the United States, the 
     government of any State or political subdivision thereof, or 
     any agency or instrumentality of any of the foregoing shall 
     not be treated as an applicable large employer.
       ``(2) Qualified sick leave wages.--The term''.
       (b) Credit for Required Paid Family Leave.--
       (1) In general.--Section 7003(a) of the Families First 
     Coronavirus Response Act is amended by striking ``In the case 
     of an employer'' and inserting ``In the case of an eligible 
     employer''.
       (2) Eligible employer.--Section 7003(c) of the Families 
     First Coronavirus Response Act, as amended by the preceding 
     provisions of this Act, is amended by striking ``For purposes 
     of this section, the term'' and all that precedes it and 
     inserting the following:
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible employer.--The term `eligible employer' 
     means any employer other than an

[[Page H2072]]

     applicable large employer (as defined in section 4980H(c)(2), 
     determined by substituting `500' for `50' each place it 
     appears in subparagraphs (A) and (B) thereof and without 
     regard to subparagraphs (D) and (F) thereof). For purposes of 
     the preceding sentence, the Government of the United States, 
     the government of any State or political subdivision thereof, 
     or any agency or instrumentality of any of the foregoing, 
     shall not be treated as an applicable large employer.
       ``(2) Qualified family leave wages.--The term''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to wages paid after the date of the enactment of 
     this Act.

                        Subtitle D--Other Relief

     SEC. 20231. PAYROLL TAX DEFERRAL ALLOWED FOR RECIPIENTS OF 
                   CERTAIN LOAN FORGIVENESS.

       (a) In General.--Section 2302(a) of the CARES Act is 
     amended by striking paragraph (3).
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 2302 of the CARES 
     Act.

     SEC. 20232. EMERGENCY FINANCIAL AID GRANTS.

       (a) In General.--In the case of a student receiving a 
     qualified emergency financial aid grant--
       (1) such grant shall not be included in the gross income of 
     such individual for purposes of the Internal Revenue Code of 
     1986, and
       (2) such grant shall not be treated as described in 
     subparagraph (A), (B), or (C) of section 25A(g)(2) of such 
     Code.
       (b) Definitions.--For purposes of this subsection, the term 
     ``qualified emergency financial aid grant'' means--
       (1) any emergency financial aid grant awarded by an 
     institution of higher education under section 3504 of the 
     CARES Act,
       (2) any emergency financial aid grant from an institution 
     of higher education made with funds made available under 
     section 18004 of the CARES Act, and
       (3) any other emergency financial aid grant made to a 
     student from a Federal agency, a State, an Indian tribe, an 
     institution of higher education, or a scholarship-granting 
     organization (including a tribal organization, as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C.5304)) for the purpose of providing 
     financial relief to students enrolled at institutions of 
     higher education in response to a qualifying emergency (as 
     defined in section 3502(a)(4) of the CARES Act).
       (c) Limitation.--This section shall not apply to that 
     portion of any amount received which represents payment for 
     teaching, research, or other services required as a condition 
     for receiving the qualified emergency financial aid grant.
       (d) Effective Date.--This section shall apply to qualified 
     emergency financial aid grants made after March 26, 2020.

     SEC. 20233. CERTAIN LOAN FORGIVENESS AND OTHER BUSINESS 
                   FINANCIAL ASSISTANCE UNDER CARES ACT NOT 
                   INCLUDIBLE IN GROSS INCOME.

       (a) United States Treasury Program Management Authority.--
     For purposes of the Internal Revenue Code of 1986, no amount 
     shall be included in gross income by reason of loan 
     forgiveness described in section 1109(d)(2)(D) of the CARES 
     Act.
       (b) Emergency EIDL Grants.--For purposes of the Internal 
     Revenue Code of 1986, any advance described in section 
     1110(e) of the CARES Act shall not be included in the gross 
     income of the person that receives such advance.
       (c) Subsidy for Certain Loan Payments.--For purposes of the 
     Internal Revenue Code of 1986, any payment described in 
     section 1112(c) of the CARES Act shall not be included in the 
     gross income of the person on whose behalf such payment is 
     made.
       (d) Effective Date.--Subsections (a), (b), and (c) shall 
     apply to taxable years ending after the date of the enactment 
     of the CARES Act.

     SEC. 20234. AUTHORITY TO WAIVE CERTAIN INFORMATION REPORTING 
                   REQUIREMENTS.

       The Secretary of the Treasury (or the Secretary's delegate) 
     may provide an exception from any requirement to file an 
     information return otherwise required by chapter 61 of the 
     Internal Revenue Code of 1986 with respect to any amount 
     excluded from gross income by reason of section 1106(i) of 
     the CARES Act or section 20232 or 20233 of this Act.

     SEC. 20235. CLARIFICATION OF TREATMENT OF EXPENSES PAID OR 
                   INCURRED WITH PROCEEDS FROM CERTAIN GRANTS AND 
                   LOANS.

       (a) In General.--For purposes of the Internal Revenue Code 
     of 1986 and notwithstanding any other provision of law, any 
     deduction and the basis of any property shall be determined 
     without regard to whether any amount is excluded from gross 
     income under section 20233 of this Act or section 1106(i) of 
     the CARES Act.
       (b) Clarification of Exclusion of Loan Forgiveness.--
     Section 1106(i) of the CARES Act is amended to read as 
     follows:
       ``(i) Taxability.--For purposes of the Internal Revenue 
     Code of 1986, no amount shall be included in the gross income 
     of the eligible recipient by reason of forgiveness of 
     indebtedness described in subsection (b).''.
       (c) Effective Date.--Subsection (a) and the amendment made 
     by subsection (b) shall apply to taxable years ending after 
     the date of the enactment of the CARES Act.

     SEC. 20236. REINSTATEMENT OF CERTAIN PROTECTIONS FOR TAXPAYER 
                   RETURN INFORMATION.

       (a) In General.--Section 6103(a)(3) of the Internal Revenue 
     Code of 1986, as amended by section 3516 of the CARES Act, is 
     amended by striking ``(13)(A), (13)(B), (13)(C), (13)(D)(i), 
     (16)'' and inserting ``(13), (16)''.
       (b) Records Requirements.--Section 6103(p)(3)(A) of such 
     Code, as so amended, is amended by striking ``(12), (13)(A), 
     (13)(B), (13)(C), (13)(D)(i)'' and inserting ``(12),''.
       (c) Application of Safeguards.--Section 6103(p)(4) of such 
     Code, as so amended, is amended by striking ``(13)(A), 
     (13)(B), (13)(C), (13)(D)(i)'' each place it appears and 
     inserting ``(13)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to disclosures made after the date of the 
     enactment of the FUTURE Act (Public Law 116-91).

                    TITLE III--NET OPERATING LOSSES

     SEC. 20301. LIMITATION ON EXCESS BUSINESS LOSSES OF NON-
                   CORPORATE TAXPAYERS RESTORED AND MADE 
                   PERMANENT.

       (a) In General.--Section 461(l)(1) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(1) Limitation.--In the case of a taxpayer other than a 
     corporation, any excess business loss of the taxpayer shall 
     not be allowed.''.
       (b) Farming Losses.--Section 461 of such Code is amended by 
     striking subsection (j).
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2017.

     SEC. 20302. CERTAIN TAXPAYERS ALLOWED CARRYBACK OF NET 
                   OPERATING LOSSES ARISING IN 2019 AND 2020.

       (a) Carryback of Losses Arising in 2019 and 2020.--
       (1) In general.--Section 172(b)(1)(D)(i) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(i) In general.--In the case of any net operating loss 
     arising in a taxable year beginning after December 31, 2018, 
     and before January 1, 2021, and to which subparagraphs (B) 
     and (C)(i) do not apply, such loss shall be a net operating 
     loss carryback to each taxable year preceding the taxable 
     year of such loss, but not to any taxable year beginning 
     before January 1, 2018.''.
       (2) Conforming amendments.--
       (A) The heading for section 172(b)(1)(D) of such Code is 
     amended by striking ``2018, 2019, and'' and inserting ``2019 
     and''.
       (B) Section 172(b)(1)(D) of such Code is amended by 
     striking clause (iii) and by redesignating clauses (iv) and 
     (v) as clauses (iii) and (iv), respectively.
       (C) Section 172(b)(1)(D)(iii) of such Code, as so 
     redesignated, is amended by striking ``(i)(I)'' and inserting 
     ``(i)''.
       (D) Section 172(b)(1)(D)(iv) of such Code, as so 
     redesignated, is amended--
       (i) by striking ``If the 5-year carryback period under 
     clause (i)(I)'' in subclause (I) and inserting ``If the 
     carryback period under clause (i)'', and
       (ii) by striking ``2018 or'' in subclause (II).
       (b) Disallowed for Certain Taxpayers.--Section 172(b)(1)(D) 
     of such Code, as amended by the preceding provisions of this 
     Act, is amended by adding at the end the following new 
     clauses:
       ``(v) Carryback disallowed for certain taxpayers.--Clause 
     (i) shall not apply with respect to any loss arising in a 
     taxable year in which--

       ``(I) the taxpayer (or any related person) is not allowed a 
     deduction under this chapter for the taxable year by reason 
     of section 162(m) or section 280G, or
       ``(II) the taxpayer (or any related person) is a specified 
     corporation for the taxable year.

       ``(vi) Specified corporation.--For purposes of clause (v)--

       ``(I) In general.--The term `specified corporation' means, 
     with respect to any taxable year, a corporation the aggregate 
     distributions (including redemptions) of which during all 
     taxable years ending after December 31, 2017, exceed the sum 
     of applicable stock issued of such corporation and 5 percent 
     of the fair market value of the stock of such corporation as 
     of the last day of the taxable year.
       ``(II) Applicable stock issued.--The term `applicable stock 
     issued' means, with respect to any corporation, the aggregate 
     fair market value of stock (as of the issue date of such 
     stock) issued by the corporation during all taxable years 
     ending after December 31, 2017, in exchange for money or 
     property other than stock in such corporation.
       ``(III) Certain preferred stock disregarded.--For purposes 
     of subclause (I), stock described in section 1504(a)(4), and 
     distributions (including redemptions) with respect to such 
     stock, shall be disregarded.

       ``(vii) Related person.--For purposes of clause (v), a 
     person is a related person to a taxpayer if the related 
     person bears a relationship to the taxpayer specified in 
     section 267(b) or section 707(b)(1).''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     2303(b) of the Coronavirus Aid, Relief, and Economic Security 
     Act.

                     DIVISION C--HEALTH PROVISIONS

                      TITLE I--MEDICAID PROVISIONS

     SEC. 30101. COVID-19-RELATED TEMPORARY INCREASE OF MEDICAID 
                   FMAP.

       (a) In General.--Section 6008 of the Families First 
     Coronavirus Response Act (42 U.S.C. 1396d note) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(or, if later, June 30, 2021)'' after 
     ``last day of such emergency period occurs''; and
       (B) by striking ``6.2 percentage points.'' and inserting 
     ``the percentage points specified in subsection (e). In no 
     case may the application of this section result in the 
     Federal medical assistance percentage determined for a State 
     being more than 95 percent.''; and
       (2) by adding at the end the following new subsections:
       ``(e) Specified Percentage Points.--For purposes of 
     subsection (a), the percentage points specified in this 
     subsection are--

[[Page H2073]]

       ``(1) for each calendar quarter occurring during the period 
     beginning on the first day of the emergency period described 
     in paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) and ending on June 30, 2020, 6.2 
     percentage points;
       ``(2) for each calendar quarter occurring during the period 
     beginning on July 1, 2020, and ending on June 30, 2021, 14 
     percentage points; and
       ``(3) for each calendar quarter, if any, occurring during 
     the period beginning on July 1, 2021, and ending on the last 
     day of the calendar quarter in which the last day of such 
     emergency period occurs, 6.2 percentage points.
       ``(f) Clarifications.--
       ``(1) In the case of a State that treats an individual 
     described in subsection (b)(3) as eligible for the benefits 
     described in such subsection, for the period described in 
     subsection (a), expenditures for medical assistance and 
     administrative costs attributable to such individual that 
     would not otherwise be included as expenditures under section 
     1903 of the Social Security Act shall be regarded as 
     expenditures under the State plan approved under title XIX of 
     the Social Security Act or for administration of such State 
     plan.
       ``(2) The limitations on payment under subsections (f) and 
     (g) of section 1108 of the Social Security Act (42 U.S.C. 
     1308) shall not apply to Federal payments made under section 
     1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1)) 
     attributable to the increase in the Federal medical 
     assistance percentage under this section.
       ``(3) Expenditures attributable to the increased Federal 
     medical assistance percentage under this section shall not be 
     counted for purposes of the limitations under section 
     2104(b)(4) of such Act (42 U.S.C. 1397dd(b)(4)).
       ``(4) Notwithstanding the first sentence of section 2105(b) 
     of the Social Security Act (42 U.S.C. 1397ee(b)), the 
     application of the increase under this section may result in 
     the enhanced FMAP of a State for a fiscal year under such 
     section exceeding 85 percent, but in no case may the 
     application of such increase before application of the second 
     sentence of such section result in the enhanced FMAP of the 
     State exceeding 95 percent.
       ``(g) Scope of Application.--An increase in the Federal 
     medical assistance percentage for a State under this section 
     shall not be taken into account for purposes of payments 
     under part D of title IV of the Social Security Act (42 
     U.S.C. 651 et seq.).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect and apply as if included in the enactment 
     of section 6008 of the Families First Coronavirus Response 
     Act (Public Law 116-127).

     SEC. 30102. LIMITATION ON ADDITIONAL SECRETARIAL ACTION WITH 
                   RESPECT TO MEDICAID SUPPLEMENTAL PAYMENTS 
                   REPORTING REQUIREMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, during the period that begins on the date of enactment 
     of this section and ends on the last day of the emergency 
     period described in paragraph (1)(B) of section 1135(g) of 
     the Social Security Act (42 U.S.C. 1320b-5(g)), the Secretary 
     of Health and Human Services shall not take any action 
     (through promulgation of regulation, issue of regulatory 
     guidance, or otherwise) to--
       (1) finalize or otherwise implement provisions contained in 
     the proposed rule published on November 18, 2019, on pages 
     63722 through 63785 of volume 84, Federal Register (relating 
     to parts 430, 433, 447, 455, and 457 of title 42, Code of 
     Federal Regulations); or
       (2) promulgate or implement any rule or provision similar 
     to the provisions described in paragraph (1) pertaining to 
     the Medicaid program established under title XIX of the 
     Social Security Act (42 U.S.C. 1396 et seq.) or the State 
     Children's Health Insurance Program established under title 
     XXI of such Act (42 U.S.C. 1397aa et seq.).
       (b) Continuation of Other Secretarial Authority.--Nothing 
     in this section shall be construed as prohibiting the 
     Secretary during the period described in subsection (a) from 
     taking any action (through promulgation of regulation, 
     issuance of regulatory guidance, or other administrative 
     action) to enforce a provision of law in effect as of the 
     date of enactment of this section with respect to the 
     Medicaid program established under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) or the State Children's 
     Health Insurance Program established under title XXI of such 
     Act (42 U.S.C. 1397aa et seq.), or to promulgate or implement 
     a new rule or provision during such period with respect to 
     such programs, other than a rule or provision described in 
     subsection (a) and subject to the prohibition set forth in 
     that subsection.

     SEC. 30103. ADDITIONAL SUPPORT FOR MEDICAID HOME AND 
                   COMMUNITY-BASED SERVICES DURING THE COVID-19 
                   EMERGENCY PERIOD.

       (a) Increased FMAP.--
       (1) In general.--Notwithstanding section 1905(b) of the 
     Social Security Act (42 U.S.C. 1396d(b)), in the case of an 
     HCBS program State, the Federal medical assistance percentage 
     determined for the State under section 1905(b) of such Act 
     and, if applicable, increased under subsection (y), (z), or 
     (aa) of section 1905 of such Act (42 U.S.C. 1396d), section 
     1915(k) of such Act (42 U.S.C. 1396n(k)), or section 6008(a) 
     of the Families First Coronavirus Response Act (Public Law 
     116-127), shall be increased by 10 percentage points with 
     respect to expenditures of the State under the State Medicaid 
     program for home and community-based services that are 
     provided during the HCBS program improvement period. In no 
     case may the application of the previous sentence result in 
     the Federal medical assistance percentage determined for a 
     State being more than 95 percent.
       (2) Definitions.--In this section:
       (A) HCBS program improvement period.--The term ``HCBS 
     program improvement period'' means, with respect to a State, 
     the period--
       (i) beginning on July 1, 2020; and
       (ii) ending on June 30, 2021.
       (B) HCBS program state.--The term ``HCBS program State'' 
     means a State that meets the condition described in 
     subsection (b) by submitting an application described in such 
     subsection, which is approved by the Secretary pursuant to 
     subsection (c).
       (C) Home and community-based services.--The term ``home and 
     community-based services'' means home health care services 
     authorized under paragraph (7) of section 1905(a) of the 
     Social Security Act (42 U.S.C. 1396d(a)), personal care 
     services authorized under paragraph (24) of such section, 
     PACE services authorized under paragraph (26) of such 
     section, services authorized under subsections (b), (c), (i), 
     (j), and (k) of section 1915 of such Act (42 U.S.C. 1396n), 
     such services authorized under a waiver under section 1115 of 
     such Act (42 U.S.C. 1315), and such other services specified 
     by the Secretary.
       (b) Condition.--The condition described in this subsection, 
     with respect to a State, is that the State submits an 
     application to the Secretary, at such time and in such manner 
     as specified by the Secretary, that includes, in addition to 
     such other information as the Secretary shall require--
       (1) a description of which activities described in 
     subsection (d) that a state plans to implement and a 
     description of how it plans to implement such activities;
       (2) assurances that the Federal funds attributable to the 
     increase under subsection (a) will be used--
       (A) to implement the activities described in subsection 
     (d); and
       (B) to supplement, and not supplant, the level of State 
     funds expended for home and community-based services for 
     eligible individuals through programs in effect as of the 
     date of the enactment of this section; and
       (3) assurances that the State will conduct adequate 
     oversight and ensure the validity of such data as may be 
     required by the Secretary.
       (c) Approval of Application.--Not later than 90 days after 
     the date of submission of an application of a State under 
     subsection (b), the Secretary shall certify if the 
     application is complete. Upon certification that an 
     application of a State is complete, the application shall be 
     deemed to be approved for purposes of this section.
       (d) Activities to Improve the Delivery of HCBS.--
       (1) In general.--A State shall work with community 
     partners, such as Area Agencies on Aging, Centers for 
     Independent Living, non-profit home and community-based 
     services providers, and other entities providing home and 
     community-based services, to implement--
       (A) the purposes described in paragraph (2) during the 
     COVID-19 public health emergency period; and
       (B) the purposes described in paragraph (3) after the end 
     of such emergency period.
       (2) Focused areas of hcbs improvement.--The purposes 
     described in this paragraph, with respect to a State, are the 
     following:
       (A) To increase rates for home health agencies and agencies 
     that employ direct support professionals (including 
     independent providers in a self-directed or consumer-directed 
     model) to provide home and community-based services under the 
     State Medicaid program, provided that any agency or 
     individual that receives payment under such an increased rate 
     increases the compensation it pays its home health workers or 
     direct support professionals.
       (B) To provide paid sick leave, paid family leave, and paid 
     medical leave for home health workers and direct support 
     professionals.
       (C) To provide hazard pay, overtime pay, and shift 
     differential pay for home health workers and direct support 
     professionals.
       (D) To provide home and community-based services to 
     eligible individuals who are on waiting lists for programs 
     approved under sections 1115 or 1915 of the Social Security 
     Act (42 U.S.C. 1315, 1396n).
       (E) To purchase emergency supplies and equipment, which may 
     include items not typically covered under the Medicaid 
     program, such as personal protective equipment, necessary to 
     enhance access to services and to protect the health and 
     well-being of home health workers and direct support 
     professionals.
       (F) To pay for the travel of home health workers and direct 
     support professionals to conduct home and community-based 
     services.
       (G) To recruit new home health workers and direct support 
     professionals.
       (H) To support family care providers of eligible 
     individuals with needed supplies and equipment, which may 
     include items not typically covered under the Medicaid 
     program, such as personal protective equipment, and pay.
       (I) To pay for training for home health workers and direct 
     support professionals that is specific to the COVID-19 public 
     health emergency.
       (J) To pay for assistive technologies, staffing, and other 
     costs incurred during the COVID-19 public health emergency 
     period in order to facilitate community integration and 
     ensure an individual's person-centered service plan continues 
     to be fully implemented.
       (K) To prepare information and public health and 
     educational materials in accessible formats (including 
     formats accessible to people with low literacy or 
     intellectual disabilities) about prevention, treatment, 
     recovery and other aspects of COVID-19 for eligible 
     individuals, their families, and the general community served 
     by agencies described in subparagraph (A).
       (L) To pay for American sign language interpreters to 
     assist in providing home and community-based services to 
     eligible individuals and to inform the general public about 
     COVID-19.
       (M) To allow day services providers to provide home and 
     community-based services.

[[Page H2074]]

       (N) To pay for other expenses deemed appropriate by the 
     Secretary to enhance, expand, or strengthen Home and 
     Community-Based Services, including retainer payments, and 
     expenses which meet the criteria of the home and community-
     based settings rule published on January 16, 2014.
       (3) Permissible uses after the emergency period.--The 
     purpose described in this paragraph, with respect to a State, 
     is to assist eligible individuals who had to relocate to a 
     nursing facility or institutional setting from their homes 
     during the COVID-19 public health emergency period in--
       (A) moving back to their homes (including by paying for 
     moving costs, first month's rent, and other one-time expenses 
     and start-up costs);
       (B) resuming home and community-based services;
       (C) receiving mental health services and necessary 
     rehabilitative service to regain skills lost while relocated 
     during the public health emergency period; and
       (D) while funds attributable to the increased FMAP under 
     this section remain available, continuing home and community-
     based services for eligible individuals who were served from 
     a waiting list for such services during the public health 
     emergency period.
       (e) Reporting Requirements.--
       (1) State reporting requirements.--Not later than December 
     31, 2022, any State with respect to which an application is 
     approved by the Secretary pursuant to subsection (c) shall 
     submit a report to the Secretary that contains the following 
     information:
       (A) Activities and programs that were funded using Federal 
     funds attributable to such increase.
       (B) The number of eligible individuals who were served by 
     such activities and programs.
       (C) The number of eligible individuals who were able to 
     resume home and community-based services as a result of such 
     activities and programs.
       (2) HHS evaluation.--
       (A) In general.--The Secretary shall evaluate the 
     implementation and outcomes of this section in the aggregate 
     using an external evaluator with experience evaluating home 
     and community-based services, disability programs, and older 
     adult programs.
       (B) Evaluation criteria.--For purposes of subparagraph (A), 
     the external evaluator shall--
       (i) document and evaluate changes in access, availability, 
     and quality of home and community-based services in each HCBS 
     program State;
       (ii) document and evaluate aggregate changes in access, 
     availability, and quality of home and community-based 
     services across all such States; and
       (iii) evaluate the implementation and outcomes of this 
     section based on--

       (I) the impact of this section on increasing funding for 
     home and community-based services;
       (II) the impact of this section on achieving targeted 
     access, availability, and quality of home and community-based 
     services; and
       (III) promising practices identified by activities 
     conducted pursuant to subsection (d) that increase access to, 
     availability of, and quality of home and community-based 
     services.

       (C) Dissemination of evaluation findings.--The Secretary 
     shall--
       (i) disseminate the findings from the evaluations conducted 
     under this paragraph to--

       (I) all State Medicaid directors; and
       (II) the Committee on Energy and Commerce of the House of 
     Representatives, the Committee on Finance of the Senate, and 
     the Special Committee on Aging of the Senate; and

       (ii) make all evaluation findings publicly available in an 
     accessible electronic format and any other accessible format 
     determined appropriate by the Secretary.
       (D) Oversight.--Each State with respect to which an 
     application is approved by the Secretary pursuant to 
     subsection (c) shall ensure adequate oversight of the 
     expenditure of Federal funds pursuant to such increase in 
     accordance with the Medicaid regulations, including section 
     1115 and 1915 waiver regulations and special terms and 
     conditions for any relevant waiver or grant program.
       (3) 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 this subsection.
       (f) Additional Definitions.--In this section:
       (1) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the portion 
     of the emergency period described in paragraph (1)(B) of 
     section 1135(g) of the Social Security Act (42 U.S.C. 1320b-
     5(g)) beginning on or after the date of the enactment of this 
     Act.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an individual who is eligible for or enrolled for 
     medical assistance under a State Medicaid program.
       (3) Medicaid program.--The term ``Medicaid program'' means, 
     with respect to a State, the State program under title XIX of 
     the Social Security Act (42 U.S.C. 1396 et seq.) (including 
     any waiver or demonstration under such title or under section 
     1115 of such Act (42 U.S.C. 1315) relating to such title).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' has the meaning given such 
     term for purposes of title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.).

     SEC. 30104. COVERAGE AT NO COST SHARING OF COVID-19 VACCINE 
                   AND TREATMENT.

       (a) Medicaid.--
       (1) In general.--Section 1905(a)(4) of the Social Security 
     Act (42 U.S.C. 1396d(a)(4)) is amended--
       (A) by striking ``and (D)'' and inserting ``(D)''; and
       (B) by striking the semicolon at the end and inserting ``; 
     (E) during the portion of the emergency period described in 
     paragraph (1)(B) of section 1135(g) beginning on the date of 
     the enactment of The Heroes Act, a COVID-19 vaccine licensed 
     under section 351 of the Public Health Service Act, or 
     approved or authorized under sections 505 or 564 of the 
     Federal Food, Drug, and Cosmetic Act, and administration of 
     the vaccine; (F) during such portion of the emergency period 
     described in paragraph (1)(B) of section 1135(g), items or 
     services for the prevention or treatment of COVID-19, 
     including drugs approved or authorized under such section 505 
     or such section 564 or, without regard to the requirements of 
     section 1902(a)(10)(B) (relating to comparability), in the 
     case of an individual who is diagnosed with or presumed to 
     have COVID-19, during such portion of such emergency period 
     during which such individual is infected (or presumed 
     infected) with COVID-19, the treatment of a condition that 
     may complicate the treatment of COVID-19;''.
       (2) Prohibition of cost sharing.--
       (A) In general.--Subsections (a)(2) and (b)(2) of section 
     1916 of the Social Security Act (42 U.S.C. 1396o) are each 
     amended--
       (i) in subparagraph (F), by striking ``or'' at the end;
       (ii) in subparagraph (G), by striking ``; and'' and 
     inserting ``, or''; and
       (iii) by adding at the end the following subparagraphs:
       ``(H) during the portion of the emergency period described 
     in paragraph (1)(B) of section 1135(g) beginning on the date 
     of the enactment of this subparagraph, a COVID-19 vaccine 
     licensed under section 351 of the Public Health Service Act, 
     or approved or authorized under section 505 or 564 of the 
     Federal Food, Drug, and Cosmetic Act, and the administration 
     of such vaccine, or
       ``(I) during such portion of the emergency period described 
     in paragraph (1)(B) of section 1135(g), any item or service 
     furnished for the treatment of COVID-19, including drugs 
     approved or authorized under such section 505 or such section 
     564 or, in the case of an individual who is diagnosed with or 
     presumed to have COVID-19, during the portion of such 
     emergency period during which such individual is infected (or 
     presumed infected) with COVID-19, the treatment of a 
     condition that may complicate the treatment of COVID-19; 
     and''.
       (B) Application to alternative cost sharing.--Section 
     1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
     1(b)(3)(B)) is amended--
       (i) in clause (xi), by striking ``any visit'' and inserting 
     ``any service''; and
       (ii) by adding at the end the following clauses:
       ``(xii) During the portion of the emergency period 
     described in paragraph (1)(B) of section 1135(g) beginning on 
     the date of the enactment of this clause, a COVID-19 vaccine 
     licensed under section 351 of the Public Health Service Act, 
     or approved or authorized under section 505 or 564 of the 
     Federal Food, Drug, and Cosmetic Act, and the administration 
     of such vaccine.
       ``(xiii) During such portion of the emergency period 
     described in paragraph (1)(B) of section 1135(g), an item or 
     service furnished for the treatment of COVID-19, including 
     drugs approved or authorized under such section 505 or such 
     section 564 or, in the case of an individual who is diagnosed 
     with or presumed to have COVID-19, during such portion of 
     such emergency period during which such individual is 
     infected (or presumed infected) with COVID-19, the treatment 
     of a condition that may complicate the treatment of COVID-
     19.''.
       (C) Clarification.--The amendments made by this subsection 
     shall apply with respect to a State plan of a territory in 
     the same manner as a State plan of one of the 50 States.
       (b) State Pediatric Vaccine Distribution Program.--Section 
     1928 of the Social Security Act (42 U.S.C. 1396s) is 
     amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following subparagraph:
       ``(C) during the portion of the emergency period described 
     in paragraph (1)(B) of section 1135(g) beginning on the date 
     of the enactment of this subparagraph, each vaccine-eligible 
     child (as defined in subsection (b)) is entitled to receive a 
     COVID-19 vaccine from a program-registered provider (as 
     defined in subsection (h)(7)) without charge for--
       ``(i) the cost of such vaccine; or
       ``(ii) the administration of such vaccine.'';
       (2) in subsection (c)(2)--
       (A) in subparagraph (C)(ii), by inserting ``, but, during 
     the portion of the emergency period described in paragraph 
     (1)(B) of section 1135(g) beginning on the date of the 
     enactment of The Heroes Act, may not impose a fee for the 
     administration of a COVID-19 vaccine'' before the period; and
       (B) by adding at the end the following subparagraph:
       ``(D) The provider will provide and administer an approved 
     COVID-19 vaccine to a vaccine-eligible child in accordance 
     with the same requirements as apply under the preceding 
     subparagraphs to the provision and administration of a 
     qualified pediatric vaccine to such a child.''; and
       (3) in subsection (d)(1), in the first sentence, by 
     inserting ``, including, during the portion of the emergency 
     period described in paragraph (1)(B) of section 1135(g) 
     beginning on the date of the enactment of The Heroes Act, 
     with respect to a COVID-19 vaccine licensed under section 351 
     of the Public Health Service Act, or approved or authorized 
     under section 505 or 564 of

[[Page H2075]]

     the Federal Food, Drug, and Cosmetic Act'' before the period.
       (c) CHIP.--
       (1) In general.--Section 2103(c) of the Social Security Act 
     (42 U.S.C. 1397cc(c)) is amended by adding at the end the 
     following paragraph:
       ``(11) Coverage of covid-19 vaccines and treatment.--
     Regardless of the type of coverage elected by a State under 
     subsection (a), child health assistance provided under such 
     coverage for targeted low-income children and, in the case 
     that the State elects to provide pregnancy-related assistance 
     under such coverage pursuant to section 2112, such pregnancy-
     related assistance for targeted low-income pregnant women (as 
     defined in section 2112(d)) shall include coverage, during 
     the portion of the emergency period described in paragraph 
     (1)(B) of section 1135(g) beginning on the date of the 
     enactment of this paragraph, of--
       ``(A) a COVID-19 vaccine licensed under section 351 of the 
     Public Health Service Act, or approved or authorized under 
     section 505 or 564 of the Federal Food, Drug, and Cosmetic 
     Act, and the administration of such vaccine; and
       ``(B) any item or service furnished for the treatment of 
     COVID-19, including drugs approved or authorized under such 
     section 505 or such section 564, or, in the case of an 
     individual who is diagnosed with or presumed to have COVID-
     19, during the portion of such emergency period during which 
     such individual is infected (or presumed infected) with 
     COVID-19, the treatment of a condition that may complicate 
     the treatment of COVID-19.''.
       (2) Prohibition of cost sharing.--Section 2103(e)(2) of the 
     Social Security Act (42 U.S.C. 1397cc(e)(2)), as amended by 
     section 6004(b)(3) of the Families First Coronavirus Response 
     Act, is amended--
       (A) in the paragraph header, by inserting ``a covid-19 
     vaccine, covid-19 treatment,'' before ``or pregnancy-related 
     assistance''; and
       (B) by striking ``visits described in section 
     1916(a)(2)(G), or'' and inserting ``services described in 
     section 1916(a)(2)(G), vaccines described in section 
     1916(a)(2)(H) administered during the portion of the 
     emergency period described in paragraph (1)(B) of section 
     1135(g) beginning on the date of the enactment of The Heroes 
     Act, items or services described in section 1916(a)(2)(I) 
     furnished during such emergency period, or''.
       (d) Conforming Amendments.--Section 1937 of the Social 
     Security Act (42 U.S.C. 1396u-7) is amended--
       (1) in subsection (a)(1)(B), by inserting ``, under 
     subclause (XXIII) of section 1902(a)(10)(A)(ii),'' after 
     ``section 1902(a)(10)(A)(i)''; and
       (2) in subsection (b)(5), by adding before the period the 
     following: ``, and, effective on the date of the enactment of 
     The Heroes Act, must comply with subparagraphs (F) through 
     (I) of subsections (a)(2) and (b)(2) of section 1916 and 
     subsection (b)(3)(B) of section 1916A''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     shall apply with respect to a COVID-19 vaccine beginning on 
     the date that such vaccine is licensed under section 351 of 
     the Public Health Service Act (42 U.S.C. 262), or approved or 
     authorized under section 505 or 564 of the Federal Food, 
     Drug, and Cosmetic Act.

     SEC. 30105. OPTIONAL COVERAGE AT NO COST SHARING OF COVID-19 
                   TREATMENT AND VACCINES UNDER MEDICAID FOR 
                   UNINSURED INDIVIDUALS.

       (a) In General.--Section 1902(a)(10) of the Social Security 
     Act (42 U.S.C. 1396a(a)(10) is amended, in the matter 
     following subparagraph (G), by striking ``and any visit 
     described in section 1916(a)(2)(G)'' and inserting the 
     following: ``, any COVID-19 vaccine that is administered 
     during any such portion (and the administration of such 
     vaccine), any item or service that is furnished during any 
     such portion for the treatment of COVID-19, including drugs 
     approved or authorized under section 505 or 564 of the 
     Federal Food, Drug, and Cosmetic Act, or, in the case of an 
     individual who is diagnosed with or presumed to have COVID-
     19, during the period such individual is infected (or 
     presumed infected) with COVID-19, the treatment of a 
     condition that may complicate the treatment of COVID-19, and 
     any services described in section 1916(a)(2)(G)''.
       (b) Definition of Uninsured Individual.--
       (1) In general.--Subsection (ss) of section 1902 of the 
     Social Security Act (42 U.S.C. 1396a) is amended to read as 
     follows:
       ``(ss) Uninsured Individual Defined.--For purposes of this 
     section, the term `uninsured individual' means, 
     notwithstanding any other provision of this title, any 
     individual who is not covered by minimum essential coverage 
     (as defined in section 5000A(f)(1) of the Internal Revenue 
     Code of 1986).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect and apply as if included in the enactment 
     of the Families First Coronavirus Response Act (Public Law 
     116-127).
       (c) Clarification Regarding Emergency Services for Certain 
     Individuals.--Section 1903(v)(2) of the Social Security Act 
     (42 U.S.C. 1396b(v)(2)) is amended by adding at the end the 
     following flush sentence:
     ``For purposes of subparagraph (A), care and services 
     described in such subparagraph include any in vitro 
     diagnostic product described in section 1905(a)(3)(B) (and 
     the administration of such product), any COVID-19 vaccine 
     (and the administration of such vaccine), any item or service 
     that is furnished for the treatment of COVID-19, including 
     drugs approved or authorized under section 505 or 564 of the 
     Federal Food, Drug, and Cosmetic Act, or a condition that may 
     complicate the treatment of COVID-19, and any services 
     described in section 1916(a)(2)(G).''.
       (d) Inclusion of COVID-19 Concern as an Emergency 
     Condition.--Section 1903(v)(3) of the Social Security Act (42 
     U.S.C. 1396b(v)(3)) is amended by adding at the end the 
     following flush sentence:
     ``Such term includes any indication that an alien described 
     in paragraph (1) may have contracted COVID-19.''.

     SEC. 30106. EXTENSION OF FULL FEDERAL MEDICAL ASSISTANCE 
                   PERCENTAGE TO INDIAN HEALTH CARE PROVIDERS.

       Section 1905 of the Social Security Act (42 U.S.C. 1396d) 
     is amended--
       (1) in subsection (a), by amending paragraph (9) to read as 
     follows:
       ``(9) clinic services furnished by or under the direction 
     of a physician, without regard to whether the clinic itself 
     is administered by a physician, including--
       ``(A) such services furnished outside the clinic by clinic 
     personnel to an eligible individual who does not reside in a 
     permanent dwelling or does not have a fixed home or mailing 
     address; and
       ``(B) for the period beginning on July 1, 2020, and ending 
     on June 30, 2021, such services provided outside the clinic 
     on the basis of a referral from a clinic administered by an 
     Indian Health Program (as defined in paragraph (12) of 
     section 4 of the Indian Health Care Improvement Act, or an 
     Urban Indian Organization as defined in paragraph (29) of 
     section 4 of such Act that has a grant or contract with the 
     Indian Health Service under title V of such Act;''.
       (2) in subsection (b), by inserting after ``(as defined in 
     section 4 of the Indian Health Care Improvement Act)'' the 
     following: ``; for the period beginning on July 1, 2020, and 
     ending on June 30, 2021, the Federal medical assistance 
     percentage shall also be 100 per centum with respect to 
     amounts expended as medical assistance for services which are 
     received through an Urban Indian organization (as defined in 
     section 4 of the Indian Health Care Improvement Act) that has 
     a grant or contract with the Indian Health Service under 
     title V of such Act''.

     SEC. 30107. MEDICAID COVERAGE FOR CITIZENS OF FREELY 
                   ASSOCIATED STATES.

       (a) In General.--Section 402(b)(2) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end 
     the following new subparagraph:
       ``(G) Medicaid exception for citizens of freely associated 
     states.--With respect to eligibility for benefits for the 
     designated Federal program defined in paragraph (3)(C) 
     (relating to the Medicaid program), section 401(a) and 
     paragraph (1) shall not apply to any individual who lawfully 
     resides in 1 of the 50 States or the District of Columbia in 
     accordance with the Compacts of Free Association between the 
     Government of the United States and the Governments of the 
     Federated States of Micronesia, the Republic of the Marshall 
     Islands, and the Republic of Palau and shall not apply, at 
     the option of the Governor of Puerto Rico, the Virgin 
     Islands, Guam, the Northern Mariana Islands, or American 
     Samoa as communicated to the Secretary of Health and Human 
     Services in writing, to any individual who lawfully resides 
     in the respective territory in accordance with such 
     Compacts.''.
       (b) Exception to 5-Year Limited Eligibility.--Section 
     403(d) of such Act (8 U.S.C. 1613(d)) is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) an individual described in section 402(b)(2)(G), but 
     only with respect to the designated Federal program defined 
     in section 402(b)(3)(C).''.
       (c) Definition of Qualified Alien.--Section 431(b) of such 
     Act (8 U.S.C. 1641(b)) is amended--
       (1) in paragraph (6), by striking ``; or'' at the end and 
     inserting a comma;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``, or''; and
       (3) by adding at the end the following new paragraph:
       ``(8) an individual who lawfully resides in the United 
     States in accordance with a Compact of Free Association 
     referred to in section 402(b)(2)(G), but only with respect to 
     the designated Federal program defined in section 
     402(b)(3)(C) (relating to the Medicaid program).''.
       (d) Application to State Plans.--Section 1902(a)(10)(A)(i) 
     of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is 
     amended by inserting after subclause (IX) the following:

       ``(X) who are described in section 402(b)(2)(G) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 and eligible for benefits under this title by 
     reason of application of such section;''.

       (e) Conforming Amendments.--Section 1108 of the Social 
     Security Act (42 U.S.C. 1308) is amended--
       (1) in subsection (f), in the matter preceding paragraph 
     (1), by striking ``subsections (g) and (h) and section 
     1935(e)(1)(B)'' and inserting ``subsections (g), (h), and (i) 
     and section 1935(e)(1)(B)''; and
       (2) by adding at the end the following:
       ``(i) Exclusion of Medical Assistance Expenditures for 
     Citizens of Freely Associated States.--Expenditures for 
     medical assistance provided to an individual described in 
     section 431(b)(8) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)(8)) 
     shall not be taken into account for purposes of applying 
     payment limits under subsections (f) and (g).''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to benefits for items and services furnished on 
     or after the date of the enactment of this Act.

[[Page H2076]]

  


     SEC. 30108. TEMPORARY INCREASE IN MEDICAID DSH ALLOTMENTS.

       (a) In General.--Section 1923(f)(3) of the Social Security 
     Act (42 U.S.C. 1396r-4(f)(3)) is amended--
       (1) in subparagraph (A), by striking ``and subparagraph 
     (E)'' and inserting ``and subparagraphs (E) and (F)''; and
       (2) by adding at the end the following new subparagraph:
       ``(F) Temporary increase in allotments during certain 
     public health emergency.--The DSH allotment for any State for 
     each of fiscal years 2020 and 2021 is equal to 102.5 percent 
     of the DSH allotment that would be determined under this 
     paragraph for the State for each respective fiscal year 
     without application of this subparagraph, notwithstanding 
     subparagraphs (B) and (C). For each fiscal year after fiscal 
     year 2021, the DSH allotment for a State for such fiscal year 
     is equal to the DSH allotment that would have been determined 
     under this paragraph for such fiscal year if this 
     subparagraph had not been enacted.
     ''.
       (b) DSH Allotment Adjustment for Tennessee.--Section 
     1923(f)(6)(A)(vi) of the Social Security Act (42 U.S.C. 
     1396r-4(f)(6)(A)(vi)) is amended--
       (1) by striking ``Notwithstanding any other provision of 
     this subsection'' and inserting the following:

       ``(I) In general.--Notwithstanding any other provision of 
     this subsection (except as provided in subclause (II) of this 
     clause)''; and

       (2) by adding at the end the following:

       ``(II) Temporary increase in allotments.--The DSH allotment 
     for Tennessee for each of fiscal years 2020 and 2021 shall be 
     equal to $54,427,500.''.

       (c) Sense of Congress.--It is the sense of Congress that a 
     State should prioritize making payments under the State plan 
     of the State under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) (or a waiver of such plan) to 
     disproportionate share hospitals that have a higher share of 
     COVID-19 patients relative to other such hospitals in the 
     State.

     SEC. 30109. EXTENSION OF EXISTING SECTION 1115 
                   DEMONSTRATIONS.

       (a) Applicability.--This section shall apply with respect 
     to demonstrations operated by States pursuant to section 
     1115(a) of the Social Security Act (42 U.S.C. 1315(a)) to 
     promote the objectives of title XIX or XXI of the Social 
     Security Act with a project term set to end on or before 
     February 28, 2021.
       (b) Approval of Extension.--Upon request by a State, the 
     Secretary of Health and Human Services shall approve an 
     extension of the demonstration project described in 
     subsection (a) for a period up to and including December 31, 
     2021, to ensure continuity of programs and funding during the 
     emergency period described in section 1135(g)(1)(B) of the 
     Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).
       (c) Extension Terms and Conditions.--(1) The approval 
     pursuant to this section shall extend the terms and 
     conditions that applied to the demonstration project to the 
     extension period. Financial terms and conditions shall 
     continue at levels equivalent to the prior demonstration or 
     program year. All demonstration program components shall be 
     extended to operate through the end of the extension term. In 
     its request for an extension, the State shall identify 
     operational and programmatic changes necessary to continue 
     and stabilize programs into the extension period and shall 
     work with the Secretary of Health and Human Services to 
     implement such changes.
       (2) Notwithstanding the foregoing, the State may request, 
     and the Secretary of Health and Human Services may approve, 
     modifications to a demonstration project's terms and 
     conditions to address the impact of the federally designated 
     public health emergency with respect to COVID-19. Such 
     modifications may, at the option of the State, become 
     effective retroactive to the start of the calendar quarter in 
     which the first day of the emergency period described in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) occurs.
       (d) Budget Neutrality.--Budget neutrality for extensions 
     under this section shall be deemed to have been met at the 
     conclusion of the extension period, and States receiving 
     extensions under this section shall not be required to submit 
     a budget neutrality analysis for the extension period.
       (e) Expedited Application Process.--The Federal and State 
     public notice and comment procedures or other time 
     constraints otherwise applicable to demonstration project 
     amendments shall be waived to expedite a State's extension 
     request pursuant to this section. The Secretary of Health and 
     Human Services shall approve the extension application within 
     45 days of a State's submission of its request, or such other 
     timeframe as is mutually agreed to with the State.
       (f) Continuation of Secretarial Authority Under Declared 
     Emergency.--This section does not restrict the Secretary of 
     Health and Human Services from exercising existing 
     flexibilities through demonstration projects operated 
     pursuant to section 1115 of the Social Security Act (42 
     U.S.C. 1315) in conjunction with the COVID-19 public health 
     emergency.
       (g) Rule of Construction.--Nothing in this section shall 
     authorize the Secretary of Health and Human Service to 
     approve or extend a waiver that fails to meet the 
     requirements of section 1115 of the Social Security Act (42 
     U.S.C. 1315).

     SEC. 30110. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID 
                   FOR INMATES DURING 30-DAY PERIOD PRECEDING 
                   RELEASE.

       (a) In General.--The subdivision (A) following paragraph 
     (30) of section 1905(a) of the Social Security Act (42 U.S.C. 
     1396d(a)) is amended by inserting ``and except during the 30-
     day period preceding the date of release of such individual 
     from such public institution'' after ``medical institution''.
       (b) Report.--Not later than June 30, 2022, the Medicaid and 
     CHIP Payment and Access Commission shall submit a report to 
     Congress on the Medicaid inmate exclusion under the 
     subdivision (A) following paragraph (30) of section 1905(a) 
     of the Social Security Act (42 U.S.C. 1396d(a)). Such report 
     may, to the extent practicable, include the following 
     information:
       (1) The number of incarcerated individuals who would 
     otherwise be eligible to enroll for medical assistance under 
     a State plan approved under title XIX of the Social Security 
     Act (42 U.S.C. 1396 et seq.) (or a waiver of such a plan).
       (2) Access to health care for incarcerated individuals, 
     including a description of medical services generally 
     available to incarcerated individuals.
       (3) A description of current practices related to the 
     discharge of incarcerated individuals, including how prisons 
     interact with State Medicaid agencies to ensure that such 
     individuals who are eligible to enroll for medical assistance 
     under a State plan or waiver described in paragraph (1) are 
     so enrolled.
       (4) If determined appropriate by the Commission, 
     recommendations for Congress, the Department of Health and 
     Human Services, or States regarding the Medicaid inmate 
     exclusion.
       (5) Any other information that the Commission determines 
     would be useful to Congress.

     SEC. 30111. MEDICAID COVERAGE OF CERTAIN MEDICAL 
                   TRANSPORTATION.

       (a) Continuing Requirement of Medicaid Coverage of 
     Necessary Transportation.--
       (1) Requirement.--Section 1902(a)(4) of the Social Security 
     Act (42 U.S.C. 1396a(a)(4)) is amended--
       (A) by striking ``and including provision for utilization'' 
     and inserting ``including provision for utilization''; and
       (B) by inserting after ``supervision of administration of 
     the plan'' the following: ``, and, subject to section 
     1903(i), including a specification that the single State 
     agency described in paragraph (5) will ensure necessary 
     transportation for beneficiaries under the State plan to and 
     from providers and a description of the methods that such 
     agency will use to ensure such transportation''.
       (2) Application with respect to benchmark benefit packages 
     and benchmark equivalent coverage.--Section 1937(a)(1) of the 
     Social Security Act (42 U.S.C. 1396u-7(a)(1)) is amended--
       (A) in subparagraph (A), by striking ``subsection (E)'' and 
     inserting ``subparagraphs (E) and (F)''; and
       (B) by adding at the end the following new subparagraph:
       ``(F) Necessary transportation.--The State may only 
     exercise the option under subparagraph (A)(i) if, subject to 
     section 1903(i)(9) and in accordance with section 1902(a)(4), 
     the benchmark benefit package or benchmark equivalent 
     coverage described in such subparagraph (or the State)--
       ``(i) ensures necessary transportation for individuals 
     enrolled under such package or coverage to and from 
     providers; and
       ``(ii) provides a description of the methods that will be 
     used to ensure such transportation.
     ''.
       (3) Limitation on federal financial participation.--Section 
     1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is 
     amended by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) with respect to any amount expended for non-emergency 
     transportation described in section 1902(a)(4), unless the 
     State plan provides for the methods and procedures required 
     under section 1902(a)(30)(A); or''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act 
     and shall apply to transportation furnished on or after such 
     date.
       (b) Medicaid Program Integrity Measures Related to Coverage 
     of Nonemergency Medical Transportation.--
       (1) GAO study.--Not later than two years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study, and submit to Congress, 
     a report on coverage under the Medicaid program under title 
     XIX of the Social Security Act of nonemergency transportation 
     to medically necessary services. Such study shall take into 
     account the 2009 report of the Office of the Inspector 
     General of the Department of Health and Human Services, 
     titled ``Fraud and Abuse Safeguards for Medicaid Nonemergency 
     Medical Transportation'' (OEI-06-07-003200). Such report 
     shall include the following:
       (A) An examination of the 50 States and the District of 
     Columbia to identify safeguards to prevent and detect fraud 
     and abuse with respect to coverage under the Medicaid program 
     of nonemergency transportation to medically necessary 
     services.
       (B) An examination of transportation brokers to identify 
     the range of safeguards against such fraud and abuse to 
     prevent improper payments for such transportation.
       (C) Identification of the numbers, types, and outcomes of 
     instances of fraud and abuse, with respect to coverage under 
     the Medicaid program of such transportation, that State 
     Medicaid Fraud Control Units have investigated in recent 
     years.
       (D) Identification of commonalities or trends in program 
     integrity, with respect to such coverage, to inform risk 
     management strategies of States and the Centers for Medicare 
     & Medicaid Services.
       (2) Stakeholder working group.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services, through the Centers of Medicare & Medicaid 
     Services, shall convene a series of meetings to

[[Page H2077]]

     obtain input from appropriate stakeholders to facilitate 
     discussion and shared learning about the leading practices 
     for improving Medicaid program integrity, with respect to 
     coverage of nonemergency transportation to medically 
     necessary services.
       (B) Topics.--The meetings convened under subparagraph (A) 
     shall--
       (i) focus on ongoing challenges to Medicaid program 
     integrity as well as leading practices to address such 
     challenges; and
       (ii) address specific challenges raised by stakeholders 
     involved in coverage under the Medicaid program of 
     nonemergency transportation to medically necessary services, 
     including unique considerations for specific groups of 
     Medicaid beneficiaries meriting particular attention, such as 
     American Indians and tribal land issues or accommodations for 
     individuals with disabilities.
       (C) Stakeholders.--Stakeholders described in subparagraph 
     (A) shall include individuals from State Medicaid programs, 
     brokers for nonemergency transportation to medically 
     necessary services that meet the criteria described in 
     section 1902(a)(70)(B) of the Social Security Act (42 U.S.C. 
     1396a(a)(70)(B)), providers (including transportation network 
     companies), Medicaid patient advocates, and such other 
     individuals specified by the Secretary.
       (3) Guidance review.--Not later than 18 months after the 
     date of the enactment of this Act, the Secretary of Health 
     and Human Services, through the Centers for Medicare & 
     Medicaid Services, shall assess guidance issued to States by 
     the Centers for Medicare & Medicaid Services relating to 
     Federal requirements for nonemergency transportation to 
     medically necessary services under the Medicaid program under 
     title XIX of the Social Security Act and update such guidance 
     as necessary to ensure States have appropriate and current 
     guidance in designing and administering coverage under the 
     Medicaid program of nonemergency transportation to medically 
     necessary services.
       (4) NEMT transportation provider and driver requirements.--
       (A) State plan requirement.--Section 1902(a) of the Social 
     Security Act (42 U.S.C. 1396a(a)) is amended--
       (i) by striking ``and'' at the end of paragraph (85);
       (ii) by striking the period at the end of paragraph (86) 
     and inserting ``; and''; and
       (iii) by inserting after paragraph (86) the following new 
     paragraph:
       ``(87) provide for a mechanism, which may include 
     attestation, that ensures that, with respect to any provider 
     (including a transportation network company) or individual 
     driver of nonemergency transportation to medically necessary 
     services receiving payments under such plan (but excluding 
     any public transit authority), at a minimum--
       ``(A) each such provider and individual driver is not 
     excluded from participation in any Federal health care 
     program (as defined in section 1128B(f)) and is not listed on 
     the exclusion list of the Inspector General of the Department 
     of Health and Human Services;
       ``(B) each such individual driver has a valid driver's 
     license;
       ``(C) each such provider has in place a process to address 
     any violation of a State drug law; and
       ``(D) each such provider has in place a process to disclose 
     to the State Medicaid program the driving history, including 
     any traffic violations, of each such individual driver 
     employed by such provider, including any traffic 
     violations.''.
       (B) Effective date.--
       (i) In general.--Except as provided in clause (ii), the 
     amendments made by subparagraph (A) shall take effect on the 
     date of the enactment of this Act and shall apply to services 
     furnished on or after the date that is one year after the 
     date of the enactment of this Act.
       (ii) Exception if state legislation required.--In the case 
     of a State plan for medical assistance under title XIX of the 
     Social Security Act which the Secretary of Health and Human 
     Services determines requires State legislation (other than 
     legislation appropriating funds) in order for the plan to 
     meet the additional requirement imposed by the amendments 
     made by subparagraph (A), the State plan shall not be 
     regarded as failing to comply with the requirements of such 
     title solely on the basis of its failure to meet this 
     additional requirement before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of the enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of such session shall be 
     deemed to be a separate regular session of the State 
     legislature.
       (5) Analysis of t-msis data.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Health and Human Services, through the Centers for Medicare & 
     Medicaid Services, shall analyze, and submit to Congress a 
     report on, the nation-wide data set under the Transformed 
     Medicaid Statistical Information System to identify 
     recommendations relating to coverage under the Medicaid 
     program under title XIX of the Social Security Act of 
     nonemergency transportation to medically necessary services.

                     TITLE II--MEDICARE PROVISIONS

     SEC. 30201. HOLDING MEDICARE BENEFICIARIES HARMLESS FOR 
                   SPECIFIED COVID-19 TREATMENT SERVICES FURNISHED 
                   UNDER PART A OR PART B OF THE MEDICARE PROGRAM.

       (a) In General.--Notwithstanding any other provision of 
     law, in the case of a specified COVID-19 treatment service 
     (as defined in subsection (b)) furnished during any portion 
     of the emergency period described in paragraph (1)(B) of 
     section 1135(g) of the Social Security Act (42 U.S.C. 1320b-
     5(g)) beginning on or after the date of the enactment of this 
     Act to an individual entitled to benefits under part A or 
     enrolled under part B of title XVIII of the Social Security 
     Act (42 U.S.C. 1395 et seq.) for which payment is made under 
     such part A or such part B, the Secretary of Health and Human 
     Services (in this section referred to as the ``Secretary'') 
     shall provide that--
       (1) any cost-sharing required (including any deductible, 
     copayment, or coinsurance) applicable to such individual 
     under such part A or such part B with respect to such item or 
     service is paid by the Secretary; and
       (2) the provider of services or supplier (as defined in 
     section 1861 of the Social Security Act (42 U.S.C. 1395x)) 
     does not hold such individual liable for such requirement.
       (b) Definition of Specified COVID-19 Treatment Services.--
     For purposes of this section, the term ``specified COVID-19 
     treatment service'' means any item or service furnished to an 
     individual for which payment may be made under part A or part 
     B of title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) if such item or service is included in a claim with 
     an ICD-10-CM code relating to COVID-19 (as described in the 
     document entitled ``ICD-10-CM Official Coding Guidelines - 
     Supplement Coding encounters related to COVID-19 Coronavirus 
     Outbreak'' published on February 20, 2020, or as otherwise 
     specified by the Secretary).
       (c) Recovery of Cost-Sharing Amounts Paid by the Secretary 
     in the Case of Supplemental Insurance Coverage.--
       (1) In general.--In the case of any amount paid by the 
     Secretary pursuant to subsection (a)(1) that the Secretary 
     determines would otherwise have been paid by a group health 
     plan or health insurance issuer (as such terms are defined in 
     section 2791 of the Public Health Service Act (42 U.S.C. 
     300gg-91)), a private entity offering a medicare supplemental 
     policy under section 1882 of the Social Security Act (42 
     U.S.C. 1395ss), any other health plan offering supplemental 
     coverage, a State plan under title XIX of the Social Security 
     Act, or the Secretary of Defense under the TRICARE program, 
     such plan, issuer, private entity, other health plan, State 
     plan, or Secretary of Defense, as applicable, shall pay to 
     the Secretary, not later than 1 year after such plan, issuer, 
     private entity, other health plan, State plan, or Secretary 
     of Defense receives a notice under paragraph (3), such amount 
     in accordance with this subsection.
       (2) Required information.--Not later than 9 months after 
     the date of the enactment of this Act, each group health 
     plan, health insurance issuer, private entity, other health 
     plan, State plan, and Secretary of Defense described in 
     paragraph (1) shall submit to the Secretary such information 
     as the Secretary determines necessary for purposes of 
     carrying out this subsection. Such information so submitted 
     shall be updated by such plan, issuer, private entity, other 
     health plan, State plan, or Secretary of Defense, as 
     applicable, at such time and in such manner as specified by 
     the Secretary.
       (3) Review of claims and notification.--The Secretary shall 
     establish a process under which claims for items and services 
     for which the Secretary has paid an amount pursuant to 
     subsection (a)(1) are reviewed for purposes of identifying if 
     such amount would otherwise have been paid by a plan, issuer, 
     private entity, other health plan, State plan, or Secretary 
     of Defense described in paragraph (1). In the case such a 
     claim is so identified, the Secretary shall determine the 
     amount that would have been otherwise payable by such plan, 
     issuer, private entity, other health plan, State plan, or 
     Secretary of Defense and notify such plan, issuer, private 
     entity, other health plan, State plan, or Secretary of 
     Defense of such amount.
       (4) Enforcement.--The Secretary may impose a civil monetary 
     penalty in an amount determined appropriate by the Secretary 
     in the case of a plan, issuer, private entity, other health 
     plan, or State plan that fails to comply with a provision of 
     this section. The provisions of section 1128A of the Social 
     Security Act shall apply to a civil monetary penalty imposed 
     under the previous sentence in the same manner as such 
     provisions apply to a penalty or proceeding under subsection 
     (a) or (b) of such section.
       (d) Funding.--The Secretary shall provide for the transfer 
     to the Centers for Medicare & Medicaid Program Management 
     Account from the Federal Hospital Insurance Trust Fund and 
     the Federal Supplementary Trust Fund (in such portions as the 
     Secretary determines appropriate) $100,000,000 for purposes 
     of carrying out this section.
       (e) Report.--Not later than 3 years after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Health and Human Services shall submit to 
     Congress a report containing an analysis of amounts paid 
     pursuant to subsection (a)(1) compared to amounts paid to the 
     Secretary pursuant to subsection (c).
       (f) Implementation.--Notwithstanding any other provision of 
     law, the Secretary may implement the provisions of this 
     section by program instruction or otherwise.

     SEC. 30202. ENSURING COMMUNICATIONS ACCESSIBILITY FOR 
                   RESIDENTS OF SKILLED NURSING FACILITIES DURING 
                   THE COVID-19 EMERGENCY PERIOD.

       (a) In General.--Section 1819(c)(3) of the Social Security 
     Act (42 U.S.C. 1395i-3(c)(3)) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) provide for reasonable access to the use of a 
     telephone, including TTY and TDD services (as defined for 
     purposes of section 483.10 of title 42, Code of Federal 
     Regulations (or a successor regulation)), and the internet 
     (to the extent

[[Page H2078]]

     available to the facility) and inform each such resident (or 
     a representative of such resident) of such access and any 
     changes in policies or procedures of such facility relating 
     to limitations on external visitors.''.
       (b) COVID-19 Provisions.--
       (1) Guidance.--Not later than 15 days after the date of the 
     enactment of this Act, the Secretary of Health and Human 
     Service shall issue guidance on steps skilled nursing 
     facilities may take to ensure residents have access to 
     televisitation during the emergency period defined in section 
     1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
     5(g)(1)(B)). Such guidance shall include information on how 
     such facilities will notify residents of such facilities, 
     representatives of such residents, and relatives of such 
     residents of the rights of such residents to such 
     televisitation, and ensure timely and equitable access to 
     such televisitation.
       (2) Review of facilities.--The Secretary of Health and 
     Human Services shall take such steps as determined 
     appropriate by the Secretary to ensure that residents of 
     skilled nursing facilities and relatives of such residents 
     are made aware of the access rights described in section 
     1819(c)(3)(F) of the Social Security Act (42 U.S.C. 1395i-
     3(c)(3)(F)).

     SEC. 30203. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT 
                   SYSTEM OUTLIER PAYMENTS FOR COVID-19 PATIENTS 
                   DURING CERTAIN EMERGENCY PERIOD.

       (a) In General.--Section 1886(d)(5)(A) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(5)(A)) is amended--
       (1) in clause (ii), by striking ``For cases'' and inserting 
     ``Subject to clause (vii), for cases'';
       (2) in clause (iii), by striking ``The amount'' and 
     inserting ``Subject to clause (vii), the amount'';
       (3) in clause (iv), by striking ``The total amount'' and 
     inserting ``Subject to clause (vii), the total amount''; and
       (4) by adding at the end the following new clause:
       ``(vii) For discharges that have a primary or secondary 
     diagnosis of COVID-19 and that occur during the period 
     beginning on the date of the enactment of this clause and 
     ending on the sooner of January 31, 2021, or the last day of 
     the emergency period described in section 1135(g)(1)(B), the 
     amount of any additional payment under clause (ii) for a 
     subsection (d) hospital for such a discharge shall be 
     determined as if--
       ``(I) clause (ii) was amended by striking `plus a fixed 
     dollar amount determined by the Secretary';
       ``(II) the reference in clause (iii) to `approximate the 
     marginal cost of care beyond the cutoff point applicable 
     under clause (i) or (ii)' were a reference to `approximate 
     the marginal cost of care beyond the cutoff point applicable 
     under clause (i), or, in the case of an additional payment 
     requested under clause (ii), be equal to 100 percent of the 
     amount by which the costs of the discharge for which such 
     additional payment is so requested exceed the applicable DRG 
     prospective payment rate'; and
       ``(III) clause (iv) does not apply.''.
       (b) Exclusion From Reduction in Average Standardized 
     Amounts Payable to Hospitals Located in Certain Areas.--
     Section 1886(d)(3)(B) of the Social Security Act (42 U.S.C. 
     1395ww(d)(3)(B)) is amended by inserting before the period 
     the following: ``, other than additional payments described 
     in clause (vii) of such paragraph''.
       (c) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 30204. COVERAGE OF TREATMENTS FOR COVID-19 AT NO COST 
                   SHARING UNDER THE MEDICARE ADVANTAGE PROGRAM.

       (a) In General.--Section 1852(a)(1)(B) of the Social 
     Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended by 
     adding at the end the following new clause:
       ``(vii) Special coverage rules for specified covid-19 
     treatment services.--Notwithstanding clause (i), in the case 
     of a specified COVID-19 treatment service (as defined in 
     section 30201(b) of The Heroes Act) that is furnished during 
     a plan year occurring during any portion of the emergency 
     period defined in section 1135(g)(1)(B) beginning on or after 
     the date of the enactment of this clause, a Medicare 
     Advantage plan may not, with respect to such service, 
     impose--

       ``(I) any cost-sharing requirement (including a deductible, 
     copayment, or coinsurance requirement); and
       ``(II) in the case such service is a critical specified 
     COVID-19 treatment service (including ventilator services and 
     intensive care unit services), any prior authorization or 
     other utilization management requirement.

     A Medicare Advantage plan may not take the application of 
     this clause into account for purposes of a bid amount 
     submitted by such plan under section 1854(a)(6).''.
       (b) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 30205. REQUIRING COVERAGE UNDER MEDICARE PDPS AND MA-PD 
                   PLANS, WITHOUT THE IMPOSITION OF COST SHARING 
                   OR UTILIZATION MANAGEMENT REQUIREMENTS, OF 
                   DRUGS INTENDED TO TREAT COVID-19 DURING CERTAIN 
                   EMERGENCIES.

       (a) Coverage Requirement.--
       (1) In general.--Section 1860D-4(b)(3) of the Social 
     Security Act (42 U.S.C. 1395w-104(b)(3)) is amended by adding 
     at the end the following new subparagraph:
       ``(I) Required inclusion of drugs intended to treat covid-
     19.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, a PDP sponsor offering a prescription drug plan shall, 
     with respect to a plan year, any portion of which occurs 
     during the period described in clause (ii), be required to--

       ``(I) include in any formulary--

       ``(aa) all covered part D drugs with a medically accepted 
     indication (as defined in section 1860D-2(e)(4)) to treat 
     COVID-19 that are marketed in the United States; and
       ``(bb) all drugs authorized under section 564 or 564A of 
     the Federal Food, Drug, and Cosmetic Act to treat COVID-19; 
     and

       ``(II) not impose any prior authorization or other 
     utilization management requirement with respect to such drugs 
     described in item (aa) or (bb) of subclause (I) (other than 
     such a requirement that limits the quantity of drugs due to 
     safety).

       ``(ii) Period described.--For purposes of clause (i), the 
     period described in this clause is the period during which 
     there exists the public health emergency declared by the 
     Secretary pursuant to section 319 of the Public Health 
     Service Act on January 31, 2020, entitled `Determination that 
     a Public Health Emergency Exists Nationwide as the Result of 
     the 2019 Novel Coronavirus' (including any renewal of such 
     declaration pursuant to such section).''.
       (b) Elimination of Cost Sharing.--
       (1) Elimination of cost-sharing for drugs intended to treat 
     covid-19 under standard and alternative prescription drug 
     coverage.--Section 1860D-2 of the Social Security Act (42 
     U.S.C. 1395w-102) is amended--
       (A) in subsection (b)--
       (i) in paragraph (1)(A), by striking ``The coverage'' and 
     inserting ``Subject to paragraph (8), the coverage'';
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by inserting after ``Subject to 
     subparagraphs (C) and (D)'' the following: ``and paragraph 
     (8)'';
       (II) in subparagraph (C)(i), by striking ``paragraph (4)'' 
     and inserting ``paragraphs (4) and (8)''; and
       (III) in subparagraph (D)(i), by striking ``paragraph (4)'' 
     and inserting ``paragraphs (4) and (8)'';

       (iii) in paragraph (4)(A)(i), by striking ``The coverage'' 
     and inserting ``Subject to paragraph (8), the coverage''; and
       (iv) by adding at the end the following new paragraph:
       ``(8) Elimination of cost-sharing for drugs intended to 
     treat covid-19.--The coverage does not impose any deductible, 
     copayment, coinsurance, or other cost-sharing requirement for 
     drugs described in section 1860D-4(b)(3)(I)(i)(I) with 
     respect to a plan year, any portion of which occurs during 
     the period during which there exists the public health 
     emergency declared by the Secretary pursuant to section 319 
     of the Public Health Service Act on January 31, 2020, 
     entitled `Determination that a Public Health Emergency Exists 
     Nationwide as the Result of the 2019 Novel Coronavirus' 
     (including any renewal of such declaration pursuant to such 
     section).''; and
       (B) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(4) Same elimination of cost-sharing for drugs intended 
     to treat covid-19.--The coverage is in accordance with 
     subsection (b)(8).''.
       (2) Elimination of cost-sharing for drugs intended to treat 
     covid-19 dispensed to individuals who are subsidy eligible 
     individuals.--Section 1860D-14(a) of the Social Security Act 
     (42 U.S.C. 1395w-114(a)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (D)--

       (I) in clause (ii), by striking ``In the case of'' and 
     inserting ``Subject to subparagraph (F), in the case of''; 
     and
       (II) in clause (iii), by striking ``In the case of'' and 
     inserting ``Subject to subparagraph (F), in the case of''; 
     and

       (ii) by adding at the end the following new subparagraph:
       ``(F) Elimination of cost-sharing for drugs intended to 
     treat covid-19.--Coverage that is in accordance with section 
     1860D-2(b)(8).''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``A reduction'' and 
     inserting ``Subject to subparagraph (F), a reduction'';
       (ii) in subparagraph (D), by striking ``The substitution'' 
     and inserting ``Subject to subparagraph (F), the 
     substitution'';
       (iii) in subparagraph (E), by inserting after ``Subject 
     to'' the following: ``subparagraph (F) and''; and
       (iv) by adding at the end the following new subparagraph:
       ``(F) Elimination of cost-sharing for drugs intended to 
     treat covid-19.--Coverage that is in accordance with section 
     1860D-2(b)(8).''.
       (c) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 30206. MODIFYING THE ACCELERATED AND ADVANCE PAYMENT 
                   PROGRAMS UNDER PARTS A AND B OF THE MEDICARE 
                   PROGRAM DURING THE COVID-19 EMERGENCY.

       (a) Special Repayment Rules.--
       (1) Part a.--Section 1815(f)(2)(C) of the Social Security 
     Act (42 U.S.C. 1395g(f)(2)(C)) is amended to read as follows:
       ``(C) In the case of an accelerated payment made under the 
     program under subsection (e)(3) on or after the date of the 
     enactment of the CARES Act and so made during the emergency 
     period described in section 1135(g)(1)(B)--
       ``(i) such payment shall be treated as if such payment were 
     made from the General Fund of the Treasury; and
       ``(ii) upon request of the hospital, the Secretary shall--
       ``(I) provide up to 1 year before claims are offset to 
     recoup such payment;

[[Page H2079]]

       ``(II) provide that any such offset of a claim to recoup 
     such payment shall not exceed 25 percent of the amount of 
     such claim; and
       ``(III) allow not less than 2 years from the date of the 
     first accelerated payment before requiring that the 
     outstanding balance be paid in full.''.
       (2) Part b.--In carrying out the program described in 
     section 421.214 of title 42, Code of Federal Regulations (or 
     any successor regulation), in the case of a payment made 
     under such program on or after the date of the enactment of 
     the CARES Act (Public Law 116-136) and so made 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--
       (A) treat such payment as if such payment were made from 
     the General Fund of the Treasury; and
       (B) upon request of the entity receiving such payment--
       (i) provide up to 1 year before claims are offset to recoup 
     such payment;
       (ii) provide that any such offset of a claim to recoup such 
     payment shall not exceed 25 percent of the amount of such 
     claim; and
       (iii) allow not less than 2 years from the date of the 
     first advance payment before requiring that the outstanding 
     balance be paid in full.
       (b) Interest Rates.--
       (1) Part a.--Section 1815(d) of the Social Security Act (42 
     U.S.C. 1395g(d)) is amended by inserting before the period at 
     the end the following: ``(or, in the case of such a 
     determination made with respect to a payment made on or after 
     the date of the enactment of the CARES Act and during the 
     emergency period described in section 1135(g)(1)(B) under the 
     program under subsection (e)(3), at a rate of 1 percent)''.
       (2) Part b.--Section 1833(j) of the Social Security Act (42 
     U.S.C. 1395l(j)) is amended by inserting before the period at 
     the end the following: ``(or, in the case of such a 
     determination made with respect to a payment made on or after 
     the date of the enactment of the CARES Act and during the 
     emergency period described in section 1135(g)(1)(B) under the 
     program described in section 421.214 of title 42, Code of 
     Federal Regulations (or any successor regulation), at a rate 
     of 1 percent)''.
       (c) Report.--
       (1) Reports during covid-19 emergency.--Not later than 2 
     weeks after the date of the enactment of this section, and 
     every 2 weeks thereafter 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 submit to the Committee on Ways and 
     Means and the Committee on Energy and Commerce of the House 
     of Representatives, and the Committee on Finance of the 
     Senate, a report that includes the following:
       (A) The total amount of payments made under section 
     1815(e)(3) of the Social Security Act (42 U.S.C. 1395g(e)(3)) 
     and under the program described in section 421.214 of title 
     42, Code of Federal Regulations (or any successor regulation) 
     during the most recent 2-week period for which data is 
     available that precedes the date of the submission of such 
     report.
       (B) The number of entities receiving such payments during 
     such period.
       (C) A specification of each such entity.
       (2) Reports after covid-19 emergency.--
       (A) In general.--Not later than 6 months after the 
     termination of the emergency period described in paragraph 
     (1), and every 6 months thereafter until all specified 
     payments (as defined in subparagraph (B)) have been recouped 
     or repaid, the Secretary of Health and Human Services shall 
     submit to the Committee on Ways and Means and the Committee 
     on Energy and Commerce of the House of Representatives, and 
     the Committee on Finance of the Senate, a report that 
     includes the following:
       (i) The total amount of all specified payments for which 
     claims have been offset to recoup such payment or the balance 
     has been repaid.
       (ii) The amount of interest that has accrued with respect 
     to all specified payments.
       (B) Specified payments.--For purposes of subparagraph (A), 
     the term ``specified payments'' means all payments made under 
     section 1815(e)(3) of the Social Security Act (42 U.S.C. 
     1395g(e)(3)) or under the program described in section 
     421.214 of title 42, Code of Federal Regulations (or any 
     successor regulation) made on or after the date of the 
     enactment of the CARES Act (Public Law 116-136) during the 
     emergency period described in such subparagraph.

     SEC. 30207. MEDICARE SPECIAL ENROLLMENT PERIOD FOR 
                   INDIVIDUALS RESIDING IN COVID-19 EMERGENCY 
                   AREAS.

       (a) In General.--Section 1837(i) of the Social Security Act 
     (42 U.S.C. 1395p(i)) is amended by adding at the end the 
     following new paragraph:
       ``(5)(A) In the case of an individual who--
       ``(i) is eligible under section 1836 to enroll in the 
     medical insurance program established by this part,
       ``(ii) did not enroll (or elected not to be deemed 
     enrolled) under this section during an enrollment period, and
       ``(iii) during the emergency period (as described in 
     section 1135(g)(1)(B)), resided in an emergency area (as 
     described in such section),
     there shall be a special enrollment period described in 
     subparagraph (B).
       ``(B) The special enrollment period referred to in 
     subparagraph (A) is the period that begins not later than 
     July 1, 2020, and ends on the last day of the month in which 
     the emergency period (as described in section 1135(g)(1)(B)) 
     ends.''.
       (b) Coverage Period for Individuals Transitioning From 
     Other Coverage.--Section 1838(e) of the Social Security Act 
     (42 U.S.C. 1395q(e)) is amended--
       (1) by striking ``pursuant to section 1837(i)(3) or 
     1837(i)(4)(B)--'' and inserting the following: ``pursuant 
     to--
       ``(1) section 1837(i)(3) or 1837(i)(4)(B)--'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and moving the 
     indentation of each such subparagraph 2 ems to the right;
       (3) by striking the period at the end of the subparagraph 
     (B), as so redesignated, and inserting ``; or''; and
       (4) by adding at the end the following new paragraph:
       ``(2) section 1837(i)(5), the coverage period shall begin 
     on the first day of the month following the month in which 
     the individual so enrolls.''.
       (c) Funding.--The Secretary of Health and Human Services 
     shall provide for the transfer from the Federal Hospital 
     Insurance Trust Fund (as described in section 1817 of the 
     Social Security Act (42 U.S.C. 1395i)) and the Federal 
     Supplementary Medical Insurance Trust Fund (as described in 
     section 1841 of such Act (42 U.S.C. 1395t)), in such 
     proportions as determined appropriate by the Secretary, to 
     the Social Security Administration, of $30,000,000, to remain 
     available until expended, for purposes of carrying out the 
     amendments made by this section.
       (d) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 30208. COVID-19 SKILLED NURSING FACILITY PAYMENT 
                   INCENTIVE PROGRAM.

       (a) In General.--Section 1819 of the Social Security Act 
     (42 U.S.C. 1395i-3) is amended by adding at the end the 
     following new subsection:
       ``(k) COVID-19 Designation Program.--
       ``(1) In general.--Not later than 2 weeks after the date of 
     the enactment of this subsection, the Secretary shall 
     establish a program under which a skilled nursing facility 
     that makes an election described in paragraph (2)(A) and 
     meets the requirements described in paragraph (2)(B) is 
     designated (or a portion of such facility is so designated) 
     as a COVID-19 treatment center and receives incentive 
     payments under section 1888(e)(13).
       ``(2) Designation.--
       ``(A) In general.--A skilled nursing facility may elect to 
     be designated (or to have a portion of such facility 
     designated) as a COVID-19 treatment center under the program 
     established under paragraph (1) if the facility submits to 
     the Secretary, at a time and in a manner specified by the 
     Secretary, an application for such designation that contains 
     such information as required by the Secretary and 
     demonstrates that such facility meets the requirements 
     described in subparagraph (B).
       ``(B) Requirements.--The requirements described in this 
     subparagraph with respect to a skilled nursing facility are 
     the following:
       ``(i) The facility has a star rating with respect to 
     staffing of 4 or 5 on the Nursing Home Compare website (as 
     described in subsection (i)) and has maintained such a rating 
     on such website during the 2-year period ending on the date 
     of the submission of the application described in 
     subparagraph (A).
       ``(ii) The facility has a star rating of 4 or 5 with 
     respect to health inspections on such website and has 
     maintained such a rating on such website during such period.
       ``(iii) During such period, the Secretary or a State has 
     not found a deficiency with such facility relating to 
     infection control that the Secretary or State determined 
     immediately jeopardized the health or safety of the residents 
     of such facility (as described in paragraph (1) or (2)(A) of 
     subsection (h), as applicable).
       ``(iv) The facility provides care at such facility (or, in 
     the case of an election made with respect to a portion of 
     such facility, to provide care in such portion of such 
     facility) only to eligible individuals.
       ``(v) The facility arranges for and transfers all residents 
     of such facility (or such portion of such facility, as 
     applicable) who are not eligible individuals to other skilled 
     nursing facilities (or other portions of such facility, as 
     applicable).
       ``(vi) The facility complies with the notice requirement 
     described in paragraph (4).
       ``(vii) The facility meets the reporting requirement 
     described in paragraph (5).
       ``(viii) Any other requirement determined appropriate by 
     the Secretary.
       ``(3) Duration of designation.--
       ``(A) In general.--A designation of a skilled nursing 
     facility (or portion of such facility) as a COVID-19 
     treatment center shall begin on a date specified by the 
     Secretary and end upon the earliest of the following:
       ``(i) The revocation of such designation under subparagraph 
     (B).
       ``(ii) The submission of a notification by such facility to 
     the Secretary that such facility elects to terminate such 
     designation.
       ``(iii) The termination of the program (as specified in 
     paragraph (6)).
       ``(B) Revocation.--The Secretary may revoke the designation 
     of a skilled nursing facility (or portion of such facility) 
     as a COVID-19 treatment center if the Secretary determines 
     that the facility is no longer in compliance with a 
     requirement described in paragraph (2)(B).
       ``(4) Resident notice requirement.--For purposes of 
     paragraph (2)(B)(vi), the notice requirement described in 
     this paragraph is that, not later than 72 hours before the 
     date specified by the Secretary under paragraph (3)(A) with 
     respect to the designation of a skilled nursing facility (or 
     portion of such facility) as a COVID-19 treatment center, the 
     facility provides a notification to each resident of such 
     facility (and to appropriate representatives or family 
     members of each such resident, as specified by the Secretary) 
     that contains the following:
       ``(A) Notice of such designation.
       ``(B) In the case such resident is not an eligible 
     individual (and, in the case such designation

[[Page H2080]]

     is made only with respect to a portion of such facility, 
     resides in such portion of such facility)--
       ``(i) a specification of when and where such resident will 
     be transferred (or moved within such facility);
       ``(ii) an explanation that, in lieu of such transfer or 
     move, such resident may arrange for transfer to such other 
     setting (including a home) selected by the resident; and
       ``(iii) if such resident so arranges to be transferred to a 
     home, information on Internet resources for caregivers who 
     elect to care for such resident at home.
       ``(C) Contact information for the State long-term care 
     ombudsman (established under section 307(a)(12) of the Older 
     Americans Act of 1965) for the applicable State.
       ``(5) Reporting requirement.--
       ``(A) In general.--For purposes of paragraph (2)(B)(vii), 
     the reporting requirement described in this paragraph is, 
     with respect to a skilled nursing facility, that the facility 
     reports to the Secretary, weekly and in such manner specified 
     by the Secretary, the following (but only to the extent the 
     information described in clauses (i) through (vii) is not 
     otherwise reported to the Secretary weekly):
       ``(i) The number of COVID-19 related deaths at such 
     facility.
       ``(ii) The number of discharges from such facility.
       ``(iii) The number of admissions to such facility.
       ``(iv) The number of beds occupied and the number of beds 
     available at such facility.
       ``(v) The number of residents on a ventilator at such 
     facility.
       ``(vi) The number of clinical and nonclinical staff 
     providing direct patient care at such facility.
       ``(vii) Such other information determined appropriate by 
     the Secretary.
       ``(B) Nonapplication of paperwork reduction act.--Chapter 
     35 of title 44, United States Code (commonly known as the 
     `Paperwork Reduction Act'), shall not apply to the collection 
     of information under this paragraph.
       ``(6) Definition.--For purposes of this subsection, the 
     term `eligible individual' means an individual who, during 
     the 30-day period ending on the first day on which such 
     individual is a resident of a COVID-19 treatment center (on 
     or after the date such center is so designated), was 
     furnished a test for COVID-19 that came back positive.
       ``(7) Termination.--The program established under paragraph 
     (1) shall terminate upon the termination of the emergency 
     period described in section 1135(g)(1)(B).
       ``(8) Prohibition on administrative and judicial review.--
     There shall be no administrative or judicial review under 
     section 1869, 1878, or otherwise of a designation of a 
     skilled nursing facility (or portion of such facility) as a 
     COVID-19 treatment center, or revocation of such a 
     designation, under this subsection.''.
       (b) Payment Incentive.--Section 1888(e) of the Social 
     Security Act (42 U.S.C. 1395yy(e)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``and (12)'' and inserting ``(12), and 
     (13)''; and
       (2) by adding at the end the following new paragraph:
       ``(13) Adjustment for covid-19 treatment centers.--In the 
     case of a resident of a skilled nursing facility that has 
     been designated as a COVID-19 treatment center under section 
     1819(k) (or in the case of a resident who resides in a 
     portion of such facility that has been so designated), if 
     such resident is an eligible individual (as defined in 
     paragraph (5) of such section), the per diem amount of 
     payment for such resident otherwise applicable shall be 
     increased by 20 percent to reflect increased costs associated 
     with such residents.''.

     SEC. 30209. FUNDING FOR STATE STRIKE TEAMS FOR RESIDENT AND 
                   EMPLOYEE SAFETY IN SKILLED NURSING FACILITIES 
                   AND NURSING FACILITIES.

       (a) In General.--Of the amounts made available under 
     subsection (c), the Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     allocate such amounts among the States, in a manner that 
     takes into account the percentage of skilled nursing 
     facilities and nursing facilities in each State that have 
     residents or employees who have been diagnosed with COVID-19, 
     for purposes of establishing and implementing strike teams in 
     accordance with subsection (b).
       (b) Use of Funds.--A State that receives funds under this 
     section shall use such funds to establish and implement a 
     strike team that will be deployed to a skilled nursing 
     facility or nursing facility in the State with diagnosed or 
     suspected cases of COVID-19 among residents or staff for the 
     purposes of assisting with clinical care, infection control, 
     or staffing.
       (c) Authorization of Appropriations.--For purposes of 
     carrying out this section, there is authorized to be 
     appropriated $500,000,000.
       (d) Definitions.--In this section:
       (1) Nursing facility.--The term ``nursing facility'' has 
     the meaning given such term in section 1919(a) of the Social 
     Security Act (42 U.S.C. 1396r(a)).
       (2) Skilled nursing facility.--The term ``skilled nursing 
     facility'' has the meaning given such term in section 1819(a) 
     of the Social Security Act (42 U.S.C. 1395i-3(a)).

     SEC. 30210. PROVIDING FOR INFECTION CONTROL SUPPORT TO 
                   SKILLED NURSING FACILITIES THROUGH CONTRACTS 
                   WITH QUALITY IMPROVEMENT ORGANIZATIONS.

       (a) In General.--Section 1862(g) of the Social Security Act 
     (42 U.S.C. 1395y(g)) is amended--
       (1) by striking ``The Secretary'' and inserting ``(1) The 
     Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) The Secretary shall ensure that at least 1 
     contract with a quality improvement organization described in 
     paragraph (1) entered into on or after the date of the 
     enactment of this paragraph and before the end of the 
     emergency period described in section 1135(g)(1)(B) (or in 
     effect as of such date) includes the requirement that such 
     organization provide to skilled nursing facilities with cases 
     of COVID-19 (or facilities attempting to prevent outbreaks of 
     COVID-19) infection control support described in subparagraph 
     (B) during such period.
       ``(B) For purposes of subparagraph (A), the infection 
     control support described in this subparagraph is, with 
     respect to skilled nursing facilities described in such 
     subparagraph, the development and dissemination to such 
     facilities of protocols relating to the prevention or 
     mitigation of COVID-19 at such facilities and the provision 
     of training materials to such facilities relating to such 
     prevention or mitigation.''.
       (b) Funding.--The Secretary of Health and Human Services 
     shall provide for the transfer from the Federal Supplementary 
     Medical Insurance Trust Fund (as described in section 1841 of 
     the Social Security Act (42 U.S.C. 1395t)) and the Federal 
     Hospital Insurance Trust Fund (as described in section 1817 
     of such Act (42 U.S.C. 1395i)), in such proportions as 
     determined appropriate by the Secretary, to the Centers for 
     Medicare & Medicaid Services Program Management Account, of 
     $210,000,000, to remain available until expended, for 
     purposes of entering into contracts with quality improvement 
     organizations under part B of title XI of such Act (42 U.S.C. 
     1320c et seq.). Of the amount transferred pursuant to the 
     previous sentence, not less that $110,000,000 shall be used 
     for purposes of entering into such a contract that includes 
     the requirement described in section 1862(g)(2)(A) of such 
     Act (as added by subsection (a)).

     SEC. 30211. REQUIRING LONG TERM CARE FACILITIES TO REPORT 
                   CERTAIN INFORMATION RELATING TO COVID-19 CASES 
                   AND DEATHS.

       (a) In General.--The Secretary of Health and Human Services 
     (in this section referred to as the ``Secretary'') shall, as 
     soon as practicable, require that the information described 
     in paragraph (1) of section 483.80(g) of title 42, Code of 
     Federal Regulations, or a successor regulation, be reported 
     by a facility (as defined for purposes of such section).
       (b) Demographic Information.--The Secretary shall post the 
     following information with respect to skilled nursing 
     facilities (as defined in section 1819(a) of the Social 
     Security Act (42 U.S.C. 1395i-3(a))) and nursing facilities 
     (as defined in section 1919(a) of such Act (42 U.S.C. 
     1396r(a))) on the Nursing Home Compare website (as described 
     in section 1819(i) of the Social Security Act (42 U.S.C. 
     1395i-3(i))), or a successor website, aggregated by State:
       (1) The age, race/ethnicity, and preferred language of the 
     residents of such skilled nursing facilities and nursing 
     facilities with suspected or confirmed COVID-19 infections, 
     including residents previously treated for COVID-19.
       (2) The age, race/ethnicity, and preferred language 
     relating to total deaths and COVID-19 deaths among residents 
     of such skilled nursing facilities and nursing facilities.
       (c) Confidentiality.--Any information reported under this 
     section that is made available to the public shall be made so 
     available in a manner that protects the identity of residents 
     of skilled nursing facilities and nursing facilities.
       (d) Implementation.--The Secretary may implement the 
     provisions of this section be program instruction or 
     otherwise.

     SEC. 30212. FLOOR ON THE MEDICARE AREA WAGE INDEX FOR 
                   HOSPITALS IN ALL-URBAN STATES.

       (a) In General.--Section 1886(d)(3)(E) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended--
       (1) in clause (i), in the first sentence, by striking ``or 
     (iii)'' and inserting ``, (iii), or (iv)''; and
       (2) by adding at the end the following new clause:
       ``(iv) Floor on area wage index for hospitals in all-urban 
     states.--

       ``(I) In general.--For discharges occurring on or after 
     October 1, 2021, the area wage index applicable under this 
     subparagraph to any hospital in an all-urban State (as 
     defined in subclause (IV)) may not be less than the minimum 
     area wage index for the fiscal year for hospitals in that 
     State, as established under subclause (II).
       ``(II) Minimum area wage index.--For purposes of subclause 
     (I), the Secretary shall establish a minimum area wage index 
     for a fiscal year for hospitals in each all-urban State using 
     the methodology described in section 412.64(h)(4) of title 
     42, Code of Federal Regulations, as in effect for fiscal year 
     2018.
       ``(III) Waiving budget neutrality.--Pursuant to the fifth 
     sentence of clause (i), this subsection shall not be applied 
     in a budget neutral manner.
       ``(IV) All-urban state defined.--In this clause, the term 
     `all-urban State' means a State in which there are no rural 
     areas (as defined in paragraph (2)(D)) or a State in which 
     there are no hospitals classified as rural under this 
     section.''.

       (b) Waiving Budget Neutrality.--
       (1) Technical amendatory correction.--Section 10324(a)(2) 
     of Public Law 111-148 is amended by striking ``third 
     sentence'' and inserting ``fifth sentence''.
       (2) Waiver.--Section 1886(d)(3)(E)(i) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(3)(E)(i)) is amended, in 
     the fifth sentence--
       (A) by striking ``and the amendments'' and inserting ``, 
     the amendments''; and
       (B) by inserting ``, and the amendments made by section 
     30212 of The Heroes Act'' after ``Care Act''.

[[Page H2081]]

  


     SEC. 30213. RISK CORRIDOR PROGRAM FOR MEDICARE ADVANTAGE 
                   PLANS.

       (a) In General.--Section 1853 of the Social Security Act 
     (42 U.S.C. 1395w-23) is amended by adding at the end the 
     following new subsection:
       ``(p) Risk Corridor Program During the COVID-19 
     Emergency.--
       ``(1) In general.--The Secretary shall establish and 
     administer a program of risk corridors for each plan year, 
     any portion of which occurs during the emergency period 
     defined in section 1135(g)(1)(B), under which the Secretary 
     shall make payments to MA organizations offering a Medicare 
     Advantage plan based on the ratio of the allowable costs of 
     the plan to the aggregate premiums of the plan.
       ``(2) Payment methodology.--The Secretary shall provide 
     under the program established under paragraph (1) that if the 
     allowable costs for a Medicare Advantage plan for any plan 
     year are more than 105 percent of the target amount, the 
     Secretary shall pay to the plan an amount equal to 75 percent 
     of the allowable costs in excess of 105 percent of the target 
     amount.
       ``(3) Timing.--
       ``(A) Submission of information by plans.--With respect to 
     a plan year for which the program described in paragraph (1) 
     is established and administered, not later than July 1 of the 
     succeeding plan year each MA organization offering a Medicare 
     Advantage plan shall submit to the Secretary such information 
     as the Secretary may require for purposes of carrying out 
     such program.
       ``(B) Payment.--The Secretary shall pay to an MA 
     organization offering a Medicare Advantage plan eligible to 
     receive a payment under the program with respect to a plan 
     year the amount provided under paragraph (2) for such plan 
     year not later than 60 days after such organization submits 
     information with respect to such plan and plan year under 
     subparagraph (A).
       ``(4) Definitions.--
       ``(A) Allowable costs.--The amount of allowable costs of a 
     MA organization offering a Medicare Advantage plan for a plan 
     year is an amount equal to the total costs (other than 
     administrative costs) of such plan in providing benefits 
     covered by such plan, but only to the extent that such costs 
     are incurred with respect to such benefits for items and 
     services that are benefits under the original medicare fee-
     for-service program option.
       ``(B) Target amount.--The target amount described in this 
     paragraph is, with respect to a Medicare Advantage plan and a 
     plan year, the total amount of payments paid to the MA 
     organization for the plan for benefits under the original 
     medicare fee-for-service program option for the plan year, 
     taking into account amounts paid by the Secretary and 
     enrollees, based upon the bid amount submitted under section 
     1854, reduced by the total amount of administrative expenses 
     for the year assumed in such bid.
       ``(5) Funding.--There are appropriated to the Centers for 
     Medicare & Medicaid Services Program Management Account, out 
     of any monies in the Treasury not otherwise obligated, such 
     sums as may be necessary for purposes of carrying out this 
     subsection.''.
       (b) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Service may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 30214. RELIEF FOR SMALL RURAL HOSPITALS FROM INACCURATE 
                   INSTRUCTIONS PROVIDED BY CERTAIN MEDICARE 
                   ADMINISTRATIVE CONTRACTORS.

       Section 1886(d)(5) of the Social Security Act (42 U.S.C. 
     1395ww(d)(5)) is amended by adding at the end the following 
     new subparagraph:
       ``(N)(i) Subject to clause (ii), in the case of a sole 
     community hospital or a medicare-dependent, small rural 
     hospital with respect to which a medicare administrative 
     contractor initially determined and paid a volume decrease 
     adjustment under subparagraph (D)(ii) or (G)(iii) for a 
     specified cost reporting period, at the election of the 
     hospital, the Secretary of Health and Human Services shall 
     replace the volume decrease adjustment subsequently 
     determined for that specified cost reporting period by the 
     medicare administrative contractor with the volume decrease 
     adjustment initially determined and paid by the medicare 
     administrative contractor for that specified cost reporting 
     period.
       ``(ii)(I) Clause (i) shall not apply in the case of a sole 
     community hospital or a medicare-dependent, small rural 
     hospital for which the medicare administrative contractor 
     determination of the volume decrease adjustment with respect 
     to a specified cost reporting period of the hospital is 
     administratively final before the date that is three years 
     before the date of the enactment of this section.
       ``(II) For purposes of subclause (I), the date on which the 
     medicare administrative contractor determination with respect 
     to a volume decrease adjustment for a specified cost 
     reporting period is administratively final is the latest of 
     the following:
       ``(aa) The date of the contractor determination (as defined 
     in section 405.1801 of title 42, Code of Federal 
     Regulations).
       ``(bb) The date of the final outcome of any reopening of 
     the medicare administrative contractor determination under 
     section 405.1885 of title 42, Code of Federal Regulations.
       ``(cc) The date of the final outcome of the final appeal 
     filed by such hospital with respect to such volume decrease 
     adjustment for such specified cost reporting period.
       ``(iii) For purposes of this subparagraph, the term 
     `specified cost reporting period' means a cost reporting 
     period of a sole community hospital or a medicare-dependent, 
     small rural hospital, as the case may be, that begins during 
     a fiscal year before fiscal year 2018.''.

     SEC. 30215. DEEMING CERTAIN HOSPITALS TO BE LOCATED IN AN 
                   URBAN AREA FOR PURPOSES OF PAYMENT FOR 
                   INPATIENT HOSPITAL SERVICES UNDER THE MEDICARE 
                   PROGRAM.

       Section 1886(d)(10) of the Social Security Act (42 U.S.C. 
     1395ww(d)(10)) is amended by adding at the end the following 
     new subparagraph:
       ``(G)(i) For purposes of payment under this subsection for 
     discharges occurring during the 3-year period beginning on 
     October 1, 2020, each hospital located in Albany, Saratoga, 
     Schenectady, Montgomery, or Rensselaer County of New York 
     shall be deemed to be located in the large urban area of 
     Hartford-West Hartford-East of Hartford, Connecticut (CBSA 
     25540).
       ``(ii) Any deemed location of a hospital pursuant to clause 
     (i) shall be treated as a decision of the Medicare Geographic 
     Classification Review Board for purposes of paragraph 
     (8)(D).''.

                TITLE III--PRIVATE INSURANCE PROVISIONS

                        Subtitle A--Health Plans

     SEC. 30301. SPECIAL ENROLLMENT PERIOD THROUGH EXCHANGES; 
                   FEDERAL EXCHANGE OUTREACH AND EDUCATIONAL 
                   ACTIVITIES.

       (a) Special Enrollment Period Through Exchanges.--Section 
     1311(c) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18031(c)) is amended--
       (1) in paragraph (6)--
       (A) in subparagraph (C), by striking at the end ``and'';
       (B) in subparagraph (D), by striking at the end the period 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(E) subject to subparagraph (B) of paragraph (8), the 
     special enrollment period described in subparagraph (A) of 
     such paragraph.''; and
       (2) by adding at the end the following new paragraph:
       ``(8) Special enrollment period for certain public health 
     emergency.--
       ``(A) In general.--The Secretary shall, subject to 
     subparagraph (B), require an Exchange to provide--
       ``(i) for a special enrollment period during the emergency 
     period described in section 1135(g)(1)(B) of the Social 
     Security Act--

       ``(I) which shall begin on the date that is one week after 
     the date of the enactment of this paragraph and which, in the 
     case of an Exchange established or operated by the Secretary 
     within a State pursuant to section 1321(c), shall be an 8-
     week period; and
       ``(II) during which any individual who is otherwise 
     eligible to enroll in a qualified health plan through the 
     Exchange may enroll in such a qualified health plan; and

       ``(ii) that, in the case of an individual who enrolls in a 
     qualified health plan through the Exchange during such 
     enrollment period, the coverage period under such plan shall 
     begin, at the option of the individual, on April 1, 2020, or 
     on the first day of the month following the day the 
     individual selects a plan through such special enrollment 
     period.
       ``(B) Exception.--The requirement of subparagraph (A) shall 
     not apply to a State-operated or State-established Exchange 
     if such Exchange, prior to the date of the enactment of this 
     paragraph, established or otherwise provided for a special 
     enrollment period to address access to coverage under 
     qualified health plans offered through such Exchange during 
     the emergency period described in section 1135(g)(1)(B) of 
     the Social Security Act.''.
       (b) Federal Exchange Outreach and Educational Activities.--
     Section 1321(c) of the Patient Protection and Affordable Care 
     Act (42 U.S.C. 18041(c)) is amended by adding at the end the 
     following new paragraph:
       ``(3) Outreach and educational activities.--
       ``(A) In general.--In the case of an Exchange established 
     or operated by the Secretary within a State pursuant to this 
     subsection, the Secretary shall carry out outreach and 
     educational activities for purposes of informing potential 
     enrollees in qualified health plans offered through the 
     Exchange of the availability of coverage under such plans and 
     financial assistance for coverage under such plans. Such 
     outreach and educational activities shall be provided in a 
     manner that is culturally and linguistically appropriate to 
     the needs of the populations being served by the Exchange 
     (including hard-to-reach populations, such as racial and 
     sexual minorities, limited English proficient populations, 
     and young adults).
       ``(B) Limitation on use of funds.--No funds appropriated 
     under this paragraph shall be used for expenditures for 
     promoting non-ACA compliant health insurance coverage.
       ``(C) Non-ACA compliant health insurance coverage.--For 
     purposes of subparagraph (B):
       ``(i) The term `non-ACA compliant health insurance 
     coverage' means health insurance coverage, or a group health 
     plan, that is not a qualified health plan.
       ``(ii) Such term includes the following:

       ``(I) An association health plan.
       ``(II) Short-term limited duration insurance.

       ``(D) Funding.--There are appropriated, out of any funds in 
     the Treasury not otherwise appropriated, $25,000,000, to 
     remain available until expended--
       ``(i) to carry out this paragraph; and--
       ``(ii) at the discretion of the Secretary, to carry out 
     section 1311(i), with respect to an Exchange established or 
     operated by the Secretary within a State pursuant to this 
     subsection.''.
       (c) Implementation.--The Secretary of Health and Human 
     Services may implement the provisions of (including 
     amendments made by) this section through subregulatory 
     guidance, program instruction, or otherwise.

     SEC. 30302. EXPEDITED MEETING OF ACIP FOR COVID-19 VACCINES.

       (a) In General.--Notwithstanding section 3091 of the 21st 
     Century Cures Act (21 U.S.C.

[[Page H2082]]

     360bbb-4 note), the Advisory Committee on Immunization 
     Practices shall meet and issue a recommendation with respect 
     to a vaccine that is intended to prevent or treat COVID-19 
     not later than 15 business days after the date on which such 
     vaccine is licensed under section 351 of the Public Health 
     Service Act (42 U.S.C. 262).
       (b) Definition.--In this section, the term ``Advisory 
     Committee on Immunization Practices'' means the Advisory 
     Committee on Immunization Practices established by the 
     Secretary of Health and Human Services pursuant to section 
     222 of the Public Health Service Act (42 U.S.C. 217a), acting 
     through the Director of the Centers for Disease Control and 
     Prevention.

     SEC. 30303. COVERAGE OF COVID-19 RELATED TREATMENT AT NO COST 
                   SHARING.

       (a) In General.--A group health plan and a health insurance 
     issuer offering group or individual health insurance coverage 
     (including a grandfathered health plan (as defined in section 
     1251(e) of the Patient Protection and Affordable Care Act)) 
     shall provide coverage, and shall not impose any cost sharing 
     (including deductibles, copayments, and coinsurance) 
     requirements, for the following items and services furnished 
     during any portion of the emergency period defined in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) beginning on or after the date of 
     the enactment of this Act:
       (1) Medically necessary items and services (including in-
     person or telehealth visits in which such items and services 
     are furnished) that are furnished to an individual who has 
     been diagnosed with (or after provision of the items and 
     services is diagnosed with) COVID-19 to treat or mitigate the 
     effects of COVID-19.
       (2) Medically necessary items and services (including in-
     person or telehealth visits in which such items and services 
     are furnished) that are furnished to an individual who is 
     presumed to have COVID-19 but is never diagnosed as such, if 
     the following conditions are met:
       (A) Such items and services are furnished to the individual 
     to treat or mitigate the effects of COVID-19 or to mitigate 
     the impact of COVID-19 on society.
       (B) Health care providers have taken appropriate steps 
     under the circumstances to make a diagnosis, or confirm 
     whether a diagnosis was made, with respect to such 
     individual, for COVID-19, if possible.
       (b) Items and Services Related to COVID-19.--For purposes 
     of this section--
       (1) not later than one week after the date of the enactment 
     of this section, the Secretary of Health and Human Services, 
     Secretary of Labor, and Secretary of the Treasury shall 
     jointly issue guidance specifying applicable diagnoses and 
     medically necessary items and services related to COVID-19; 
     and
       (2) such items and services shall include all items or 
     services that are relevant to the treatment or mitigation of 
     COVID-19, regardless of whether such items or services are 
     ordinarily covered under the terms of a group health plan or 
     group or individual health insurance coverage offered by a 
     health insurance issuer.
       (c) Enforcement.--
       (1) Application with respect to phsa, erisa, and irc.--The 
     provisions of this section shall be applied by the Secretary 
     of Health and Human Services, Secretary of Labor, and 
     Secretary of the Treasury to group health plans and health 
     insurance issuers offering group or individual health 
     insurance coverage as if included in the provisions of part A 
     of title XXVII of the Public Health Service Act, part 7 of 
     the Employee Retirement Income Security Act of 1974, and 
     subchapter B of chapter 100 of the Internal Revenue Code of 
     1986, as applicable.
       (2) Private right of action.--An individual with respect to 
     whom an action is taken by a group health plan or health 
     insurance issuer offering group or individual health 
     insurance coverage in violation of subsection (a) may 
     commence a civil action against the plan or issuer for 
     appropriate relief. The previous sentence shall not be 
     construed as limiting any enforcement mechanism otherwise 
     applicable pursuant to paragraph (1).
       (d) Implementation.--The Secretary of Health and Human 
     Services, Secretary of Labor, and Secretary of the Treasury 
     may implement the provisions of this section through sub-
     regulatory guidance, program instruction or otherwise.
       (e) Terms.--The terms ``group health plan''; ``health 
     insurance issuer''; ``group health insurance coverage'', and 
     ``individual health insurance coverage'' have the meanings 
     given such terms in section 2791 of the Public Health Service 
     Act (42 U.S.C. 300gg-91), section 733 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1191b), and 
     section 9832 of the Internal Revenue Code of 1986, as 
     applicable.

     SEC. 30304. REQUIRING PRESCRIPTION DRUG REFILL NOTIFICATIONS 
                   DURING EMERGENCIES.

       (a) ERISA.--
       (1) In general.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 716. PROVISION OF PRESCRIPTION DRUG REFILL 
                   NOTIFICATIONS DURING EMERGENCIES.

       ``(a) In General.--A group health plan, and a health 
     insurance issuer offering health insurance coverage in 
     connection with a group health plan, that provides benefits 
     for prescription drugs under such plan or such coverage shall 
     provide to each participant or beneficiary under such plan or 
     such coverage who resides in an emergency area during an 
     emergency period--
       ``(1) not later than 5 business days after the date of the 
     beginning of such period with respect to such area (or, the 
     case of the emergency period described in section 30304(d)(2) 
     of The Heroes Act, not later than 5 business days after the 
     date of the enactment of this section), a notification 
     (written in a manner that is clear and understandable to the 
     average participant or beneficiary)--
       ``(A) of whether such plan or coverage will waive, during 
     such period with respect to such a participant or 
     beneficiary, any time restrictions under such plan or 
     coverage on any authorized refills for such drugs to enable 
     such refills in advance of when such refills would otherwise 
     have been permitted under such plan or coverage; and
       ``(B) in the case that such plan or coverage will waive 
     such restrictions during such period with respect to such a 
     participant or beneficiary, that contains information on how 
     such a participant or beneficiary may obtain such a refill; 
     and
       ``(2) in the case such plan or coverage elects to so waive 
     such restrictions during such period with respect to such a 
     participant or beneficiary after the notification described 
     in paragraph (1) has been provided with respect to such 
     period, not later than 5 business days after such election, a 
     notification of such election that contains the information 
     described in subparagraph (B) of such paragraph.
       ``(b) Emergency Area; Emergency Period.--For purposes of 
     this section, an `emergency area' is a geographical area in 
     which, and an `emergency period' is the period during which, 
     there exists--
       ``(1) an emergency or disaster declared by the President 
     pursuant to the National Emergencies Act or the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act; and
       ``(2) a public health emergency declared by the Secretary 
     pursuant to section 319 of the Public Health Service Act.''.
       (2) Clerical amendment.--The table of contents of the 
     Employee Retirement Income Security Act of 1974 is amended by 
     inserting after the item relating to section 714 the 
     following:

``Sec. 715. Additional market reforms.
``Sec. 716. Provision of prescription drug refill notifications during 
              emergencies.''.
       (b) PHSA.--Subpart II of part A of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 2730. PROVISION OF PRESCRIPTION DRUG REFILL 
                   NOTIFICATIONS DURING EMERGENCIES.

       ``(a) In General.--A group health plan, and a health 
     insurance issuer offering group or individual health 
     insurance coverage, that provides benefits for prescription 
     drugs under such plan or such coverage shall provide to each 
     participant, beneficiary, or enrollee enrolled under such 
     plan or such coverage who resides in an emergency area during 
     an emergency period--
       ``(1) not later than 5 business days after the date of the 
     beginning of such period with respect to such area (or, the 
     case of the emergency period described in section 30304(d)(2) 
     of The Heroes Act, not later than 5 business days after the 
     date of the enactment of this section), a notification 
     (written in a manner that is clear and understandable to the 
     average participant, beneficiary, or enrollee)--
       ``(A) of whether such plan or coverage will waive, during 
     such period with respect to such a participant, beneficiary, 
     or enrollee, any time restrictions under such plan or 
     coverage on any authorized refills for such drugs to enable 
     such refills in advance of when such refills would otherwise 
     have been permitted under such plan or coverage; and
       ``(B) in the case that such plan or coverage will waive 
     such restrictions during such period with respect to such a 
     participant, beneficiary, or enrollee, that contains 
     information on how such a participant, beneficiary, or 
     enrollee may obtain such a refill; and
       ``(2) in the case such plan or coverage elects to so waive 
     such restrictions during such period with respect to such a 
     participant, beneficiary, or enrollee after the notification 
     described in paragraph (1) has been provided with respect to 
     such period, not later than 5 business days after such 
     election, a notification of such election that contains the 
     information described in subparagraph (B) of such paragraph.
       ``(b) Emergency Area; Emergency Period.--For purposes of 
     this section, an `emergency area' is a geographical area in 
     which, and an `emergency period' is the period during which, 
     there exists--
       ``(1) an emergency or disaster declared by the President 
     pursuant to the National Emergencies Act or the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act; and
       ``(2) a public health emergency declared by the Secretary 
     pursuant to section 319.''.
       (c) IRC.--
       (1) In general.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new section:

     ``SEC. 9816. PROVISION OF PRESCRIPTION DRUG REFILL 
                   NOTIFICATIONS DURING EMERGENCIES.

       ``(a) In General.--A group health plan that provides 
     benefits for prescription drugs under such plan shall provide 
     to each participant or beneficiary enrolled under such plan 
     who resides in an emergency area during an emergency period, 
     not later than 5 business days after the date of the 
     beginning of such period with respect to such area (or, the 
     case of the emergency period described in section 30304(d)(2) 
     of The Heroes Act, not later than 5 business days after the 
     date of the enactment of this section)--
       ``(1) a notification (written in a manner that is clear and 
     understandable to the average participant or beneficiary)--
       ``(A) of whether such plan will waive, during such period 
     with respect to such a participant or beneficiary, any time 
     restrictions under such plan on any authorized refills for 
     such drugs to

[[Page H2083]]

     enable such refills in advance of when such refills would 
     otherwise have been permitted under such plan; and
       ``(B) in the case that such plan will waive such 
     restrictions during such period with respect to such a 
     participant or beneficiary, that contains information on how 
     such a participant or beneficiary may obtain such a refill; 
     and
       ``(2) in the case such plan elects to so waive such 
     restrictions during such period with respect to such a 
     participant or beneficiary after the notification described 
     in paragraph (1) has been provided with respect to such 
     period, not later than 5 business days after such election, a 
     notification of such election that contains the information 
     described in subparagraph (B) of such paragraph.
       ``(b) Emergency Area; Emergency Period.--For purposes of 
     this section, an `emergency area' is a geographical area in 
     which, and an `emergency period' is the period during which, 
     there exists--
       ``(1) an emergency or disaster declared by the President 
     pursuant to the National Emergencies Act or the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act; and
       ``(2) a public health emergency declared by the Secretary 
     pursuant to section 319 of the Public Health Service Act.''.
       (2) Clerical amendment.--The table of sections for 
     subchapter B of chapter 100 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 9816. Provision of prescription drug refill notifications during 
              emergencies.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to--
       (1) emergency periods beginning on or after the date of the 
     enactment of this Act; and
       (2) the emergency period relating to the public health 
     emergency declared by the Secretary of Health and Human 
     Services pursuant to section 319 of the Public Health Service 
     Act on January 31, 2020, entitled ``Determination that a 
     Public Health Emergency Exists Nationwide as the Result of 
     the 2019 Novel Coronavirus''.

     SEC. 30305. IMPROVEMENT OF CERTAIN NOTIFICATIONS PROVIDED TO 
                   QUALIFIED BENEFICIARIES BY GROUP HEALTH PLANS 
                   IN THE CASE OF QUALIFYING EVENTS.

       (a) Employee Retirement Income Security Act of 1974.--
       (1) In general.--Section 606 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1166) is amended--
       (A) in subsection (a)(4), in the matter following 
     subparagraph (B), by striking ``under this subsection'' and 
     inserting ``under this part in accordance with the 
     notification requirements under subsection (c)''; and
       (B) in subsection (c)--
       (i) by striking ``For purposes of subsection (a)(4), any 
     notification'' and inserting ``For purposes of subsection 
     (a)(4)--
       ``(1) any notification'';
       (ii) by striking ``, whichever is applicable, and any such 
     notification'' and inserting ``of subsection (a), whichever 
     is applicable;
       ``(2) any such notification''; and
       (iii) by striking ``such notification is made'' and 
     inserting ``such notification is made; and
       ``(3) any such notification shall, with respect to each 
     qualified beneficiary with respect to whom such notification 
     is made, include information regarding any Exchange 
     established under title I of the Patient Protection and 
     Affordable Care Act through which such a qualified 
     beneficiary may be eligible to enroll in a qualified health 
     plan (as defined in section 1301 of the Patient Protection 
     and Affordable Care Act), including--
       ``(A) the publicly accessible Internet website address for 
     such Exchange;
       ``(B) the publicly accessible Internet website address for 
     the Find Local Help directory maintained by the Department of 
     Health and Human Services on the healthcare.gov Internet 
     website (or a successor website);
       ``(C) a clear explanation that--
       ``(i) an individual who is eligible for continuation 
     coverage may also be eligible to enroll, with financial 
     assistance, in a qualified health plan offered through such 
     Exchange, but, in the case that such individual elects to 
     enroll in such continuation coverage and subsequently elects 
     to terminate such continuation coverage before the period of 
     such continuation coverage expires, such individual will not 
     be eligible to enroll in a qualified health plan offered 
     through such Exchange during a special enrollment period; and
       ``(ii) an individual who elects to enroll in continuation 
     coverage will remain eligible to enroll in a qualified health 
     plan offered through such Exchange during an open enrollment 
     period and may be eligible for financial assistance with 
     respect to enrolling in such a qualified health plan;
       ``(D) information on consumer protections with respect to 
     enrolling in a qualified health plan offered through such 
     Exchange, including the requirement for such a qualified 
     health plan to provide coverage for essential health benefits 
     (as defined in section 1302(b) of the Patient Protection and 
     Affordable Care Act) and the requirements applicable to such 
     a qualified health plan under part A of title XXVII of the 
     Public Health Service Act; and
       ``(E) information on the availability of financial 
     assistance with respect to enrolling in a qualified health 
     plan, including the maximum income limit for eligibility for 
     a premium tax credit under section 36B of the Internal 
     Revenue Code of 1986.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to qualifying events occurring on or 
     after the date that is 14 days after the date of the 
     enactment of this Act.
       (b) Public Health Service Act.--
       (1) In general.--Section 2206 of the Public Health Service 
     Act (42 U.S.C. 300bb-6) is amended--
       (A) by striking ``In accordance'' and inserting the 
     following:
       ``(a) In General.--In accordance'';
       (B) by striking ``of such beneficiary's rights under this 
     subsection'' and inserting ``of such beneficiary's rights 
     under this title in accordance with the notification 
     requirements under subsection (b)''; and
       (C) by striking ``For purposes of paragraph (4),'' and all 
     that follows through ``such notification is made.'' and 
     inserting the following:
       ``(b) Rules Relating to Notification of Qualified 
     Beneficiaries by Plan Administrator.--For purposes of 
     subsection (a)(4)--
       ``(1) any notification shall be made within 14 days of the 
     date on which the plan administrator is notified under 
     paragraph (2) or (3) of subsection (a), whichever is 
     applicable;
       ``(2) any such notification to an individual who is a 
     qualified beneficiary as the spouse of the covered employee 
     shall be treated as notification to all other qualified 
     beneficiaries residing with such spouse at the time such 
     notification is made; and
       ``(3) any such notification shall, with respect to each 
     qualified beneficiary with respect to whom such notification 
     is made, include information regarding any Exchange 
     established under title I of the Patient Protection and 
     Affordable Care Act through which such a qualified 
     beneficiary may be eligible to enroll in a qualified health 
     plan (as defined in section 1301 of the Patient Protection 
     and Affordable Care Act), including--
       ``(A) the publicly accessible Internet website address for 
     such Exchange;
       ``(B) the publicly accessible Internet website address for 
     the Find Local Help directory maintained by the Department of 
     Health and Human Services on the healthcare.gov Internet 
     website (or a successor website);
       ``(C) a clear explanation that--
       ``(i) an individual who is eligible for continuation 
     coverage may also be eligible to enroll, with financial 
     assistance, in a qualified health plan offered through such 
     Exchange, but, in the case that such individual elects to 
     enroll in such continuation coverage and subsequently elects 
     to terminate such continuation coverage before the period of 
     such continuation coverage expires, such individual will not 
     be eligible to enroll in a qualified health plan offered 
     through such Exchange during a special enrollment period; and
       ``(ii) an individual who elects to enroll in continuation 
     coverage will remain eligible to enroll in a qualified health 
     plan offered through such Exchange during an open enrollment 
     period and may be eligible for financial assistance with 
     respect to enrolling in such a qualified health plan;
       ``(D) information on consumer protections with respect to 
     enrolling in a qualified health plan offered through such 
     Exchange, including the requirement for such a qualified 
     health plan to provide coverage for essential health benefits 
     (as defined in section 1302(b) of the Patient Protection and 
     Affordable Care Act) and the requirements applicable to such 
     a qualified health plan under part A of title XXVII; and
       ``(E) information on the availability of financial 
     assistance with respect to enrolling in a qualified health 
     plan, including the maximum income limit for eligibility for 
     a premium tax credit under section 36B of the Internal 
     Revenue Code of 1986.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to qualifying events occurring on or 
     after the date that is 14 days after the date of the 
     enactment of this Act.
       (c) Internal Revenue Code of 1986.--
       (1) In general.--Section 4980B(f)(6) of the Internal 
     Revenue Code of 1986 is amended--
       (A) in subparagraph (D)--
       (i) in clause (ii), by striking ``under subparagraph (C)'' 
     and inserting ``under clause (iii)''; and
       (ii) by redesignating clauses (i) and (ii) as subclauses 
     (I) and (II), respectively, and moving the margin of each 
     such subclause, as so redesignated, 2 ems to the right;
       (B) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and moving the margin 
     of each such clause, as so redesignated, 2 ems to the right;
       (C) by striking ``In accordance'' and inserting the 
     following:
       ``(A) In general.--In accordance'';
       (D) by inserting after ``of such beneficiary's rights under 
     this subsection'' the following: ``in accordance with the 
     notification requirements under subparagraph (C)''; and
       (E) by striking ``The requirements of subparagraph (B)'' 
     and all that follows through ``such notification is made.'' 
     and inserting the following:
       ``(B) Alternative means of compliance with requirement for 
     notification of multiemployer plans by employers.--The 
     requirements of subparagraph (A)(ii) shall be considered 
     satisfied in the case of a multiemployer plan in connection 
     with a qualifying event described in paragraph (3)(B) if the 
     plan provides that the determination of the occurrence of 
     such qualifying event will be made by the plan administrator.
       ``(C) Rules relating to notification of qualified 
     beneficiaries by plan administrator.--For purposes of 
     subparagraph (A)(iv)--
       ``(i) any notification shall be made within 14 days (or, in 
     the case of a group health plan which is a multiemployer 
     plan, such longer period of time as may be provided in the 
     terms of the plan) of the date on which the plan 
     administrator is notified under clause (ii) or (iii) of 
     subparagraph (A), whichever is applicable;
       ``(ii) any such notification to an individual who is a 
     qualified beneficiary as the spouse of

[[Page H2084]]

     the covered employee shall be treated as notification to all 
     other qualified beneficiaries residing with such spouse at 
     the time such notification is made; and
       ``(iii) any such notification shall, with respect to each 
     qualified beneficiary with respect to whom such notification 
     is made, include information regarding any Exchange 
     established under title I of the Patient Protection and 
     Affordable Care Act through which such a qualified 
     beneficiary may be eligible to enroll in a qualified health 
     plan (as defined in section 1301 of the Patient Protection 
     and Affordable Care Act), including--

       ``(I) the publicly accessible Internet website address for 
     such Exchange;
       ``(II) the publicly accessible Internet website address for 
     the Find Local Help directory maintained by the Department of 
     Health and Human Services on the healthcare.gov Internet 
     website (or a successor website);
       ``(III) a clear explanation that--

       ``(aa) an individual who is eligible for continuation 
     coverage may also be eligible to enroll, with financial 
     assistance, in a qualified health plan offered through such 
     Exchange, but, in the case that such individual elects to 
     enroll in such continuation coverage and subsequently elects 
     to terminate such continuation coverage before the period of 
     such continuation coverage expires, such individual will not 
     be eligible to enroll in a qualified health plan offered 
     through such Exchange during a special enrollment period; and
       ``(bb) an individual who elects to enroll in continuation 
     coverage will remain eligible to enroll in a qualified health 
     plan offered through such Exchange during an open enrollment 
     period and may be eligible for financial assistance with 
     respect to enrolling in such a qualified health plan;

       ``(IV) information on consumer protections with respect to 
     enrolling in a qualified health plan offered through such 
     Exchange, including the requirement for such a qualified 
     health plan to provide coverage for essential health benefits 
     (as defined in section 1302(b) of the Patient Protection and 
     Affordable Care Act) and the requirements applicable to such 
     a qualified health plan under part A of title XXVII of the 
     Public Health Service Act; and
       ``(V) information on the availability of financial 
     assistance with respect to enrolling in a qualified health 
     plan, including the maximum income limit for eligibility for 
     a premium tax credit under section 36B.''.

       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to qualifying events occurring on or 
     after the date that is 14 days after the date of the 
     enactment of this Act.
       (d) Model Notices.--Not later than 14 days after the date 
     of the enactment of this Act, the Secretary of the Labor, in 
     consultation with the Secretary of the Treasury and the 
     Secretary of Health and Human Services, shall--
       (1) update the model Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (referred to in this subsection as 
     ``COBRA'') continuation coverage general notice and the model 
     COBRA continuation coverage election notice developed by the 
     Secretary of Labor for purposes of facilitating compliance of 
     group health plans with the notification requirements under 
     section 606 of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1166) to include the information described in 
     paragraph (3) of subsection (c) of such section 606, as added 
     by subsection (a)(1);
       (2) provide an opportunity for consumer testing of each 
     such notice, as so updated, to ensure that each such notice 
     is clear and understandable to the average participant or 
     beneficiary of a group health plan; and
       (3) rename the model COBRA continuation coverage general 
     notice and the model COBRA continuation coverage election 
     notice as the ``model COBRA continuation coverage and 
     Affordable Care Act coverage general notice'' and the ``model 
     COBRA continuation coverage and Affordable Care Act coverage 
     election notice'', respectively.

     SEC. 30306. SOONER COVERAGE OF TESTING FOR COVID-19.

       Section 6001(a) of division F of the Families First 
     Coronavirus Response Act (42 U.S.C. 1320b-5 note) is amended 
     by striking ``beginning on or after'' and inserting 
     ``beginning before, on, or after''.

     SEC. 30307. RISK CORRIDOR PROGRAM FOR HEALTH INSURANCE 
                   COVERAGE OFFERED IN THE INDIVIDUAL OR SMALL 
                   GROUP MARKET.

       (a) In General.--The Secretary of Health and Human Services 
     (in this section referred to as the ``Secretary'') shall 
     establish and administer a program of risk corridors for plan 
     years 2020 and 2021 under which the Secretary shall make 
     payments to health insurance issuers offering health 
     insurance coverage in the individual or small group market 
     based on the ratio of the allowable costs of the coverage to 
     the aggregate premiums of the coverage.
       (b) Payment Methodology.--The Secretary shall provide under 
     the program established under subsection (a) that if the 
     allowable costs for a health insurance issuer offering health 
     insurance coverage in the individual or small group market 
     for any plan year are more than 105 percent of the target 
     amount, the Secretary shall pay to the issuer an amount equal 
     to 75 percent of the allowable costs in excess of 105 percent 
     of the target amount.
       (c) Information Collection.--The Secretary shall establish 
     a process under which information is collected from health 
     insurance issuers offering health insurance coverage in the 
     individual or small group market for purposes of carrying out 
     this section.
       (d) Non-application.--The provisions of this section shall 
     not apply with respect to any group or individual health 
     insurance coverage in relation to its provision of excepted 
     benefits described in section 2791(c)(1) of the Public Health 
     Service Act (42 U.S.C. 300gg-91(c)).
       (e) Definitions.--In this section:
       (1) Allowable costs.--
       (A) In general.--The amount of allowable costs of a health 
     insurance issuer offering health insurance coverage in the 
     individual or small group market for any year is an amount 
     equal to the total costs (other than administrative costs) of 
     such issuer in providing benefits covered by such coverage.
       (B) Certain reductions.--Allowable costs shall reduced by 
     any--
       (i) risk adjustment payments received under section 1343 of 
     the Patient Protection and Affordable Care Act (42 U.S.C. 
     18063); and
       (ii) reinsurance payments received pursuant to a waiver 
     approved under section 1332 of such Act (42 U.S.C. 18052).
       (2) Additional terms.--The terms ``health insurance 
     issuer'', ``health insurance coverage'', ``individual 
     market'', and ``small group market'' have the meanings given 
     such terms in section 2791 of the Public Health Service Act 
     (42 U.S.C. 300gg-91).
       (3) Target amount.--The target amount of health insurance 
     coverage offered in the individual or small group market for 
     any year is an amount equal to the total premiums (including 
     any premium subsidies under any governmental program), 
     reduced by the administrative costs of the coverage.
       (f) Treatment for MLR.--Payments made under this section 
     with respect to an applicable plan year to a health insurance 
     issuer offering health insurance coverage in the individual 
     or small group market shall for purposes of section 2718(b) 
     of the Public Health Service Act (42 U.S.C. 300gg-18(b)) be 
     included in the calculation of the premium revenue with 
     respect to such issuer and year.
       (g) Implementation.--The Secretary of Health and Human 
     Services may implement the provisions of this section by 
     subregulatory guidance, program instruction, or otherwise.
       (h) Appropriation.--There are appropriated, out of any 
     monies in the Treasury not otherwise appropriated, such sums 
     as may be necessary to carry out this section.

     SEC. 30308. RISK CORRIDOR PROGRAM FOR SELF-INSURED GROUP 
                   HEALTH PLANS AND HEALTH INSURANCE COVERAGE 
                   OFFERED IN THE LARGE GROUP MARKET.

       (a) In General.--The Secretary of Health and Human Services 
     (in this section referred to as the ``Secretary''), in 
     coordination with the Secretary of Labor and the Secretary of 
     the Treasury, shall establish and administer a program of 
     risk corridors for plan years 2020 and 2021 under which the 
     Secretary, in coordination with the Secretary of Labor and 
     the Secretary of the Treasury, shall make payments in 
     accordance with subsection (b) to self-insured group health 
     plans and health insurance issuers offering health insurance 
     coverage in the large group market.
       (b) Payment Methodology.--The Secretary, in coordination 
     with the Secretary of Labor and the Secretary of the 
     Treasury, shall provide under the program established under 
     subsection (a) that if the allowable costs for a self-insured 
     group health plan or health insurance coverage offered in the 
     large group market for any plan year are more than 105 
     percent of the target amount, the Secretary shall pay to the 
     plan, or issuer of such coverage, an amount equal to 75 
     percent of the allowable costs in excess of 105 percent of 
     the target amount.
       (c) Information Collection.--
       (1) In general.--The Secretary, the Secretary of Labor, and 
     the Secretary of the Treasury may require self-insured group 
     health plans and health insurance issuers of health insurance 
     coverage offered in the large group market to report to the 
     applicable Secretary, in a form, manner, and timeframe 
     specified by the Secretaries, information necessary for 
     purposes of carrying out this section in accordance with the 
     process established under paragraph (2).
       (2) Process.--The Secretary, the Secretary of Labor, and 
     the Secretary of the Treasury shall jointly establish a 
     process prescribing the form and manner under which 
     information is collected from self-insured group health plans 
     and health insurance issuers offering health insurance 
     coverage in the large group market for purposes of carrying 
     out this section.
       (d) Definitions.--
       (1) Allowable costs.--
       (A) In general.--The amount of allowable costs of a self-
     insured group health plan or health insurance coverage 
     offered in the large group market for any plan year is an 
     amount equal to the total costs (other than administrative 
     costs) of such plan or the issuer of such coverage in 
     covering items and services furnished during such plan year 
     under such plan or such coverage.
       (B) Certain reductions.--Allowable costs of a self-insured 
     group health plan or health insurance coverage offered in the 
     large group market for a plan year shall be reduced by any--
       (i) reinsurance payments received by such plan or coverage 
     pursuant to a waiver approved under section 1332 of such Act 
     (42 U.S.C. 18052) for such plan year; and
       (ii) other payments received by such plan or coverage (as 
     specified by the Secretary) for such plan year.
       (2) Additional terms.--For purposes of this section, the 
     terms ``excepted benefits'', ``health insurance issuer'', 
     ``health insurance coverage'', and ``large group market'' 
     have the meanings given such terms in section 2791 of the 
     Public Health Service Act (42 U.S.C. 300gg-91), section 733 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1191b), and section 9832 of the Internal Revenue Code 
     of 1986, as applicable, and the term ``self-insured group 
     health

[[Page H2085]]

     plan'' has the meaning given such term for purposes of 
     section 2701(a)(5) of the Public Health Service Act (42 
     U.S.C. 300gg(a)(5)).
       (3) Target amount.--
       (A) In general.--The target amount of--
       (i) a self-insured group health plan for an applicable plan 
     year is--

       (I) in the case such plan was offered during the preceding 
     plan year and was subject to the requirement of section 
     601(a) of the Employee Retirement Income Security Act of 1974 
     (29 U.S.C. 1161(a)) during such preceding plan year, the 
     expected cost to the plan for all individuals covered under 
     such plan for such preceding plan year (without regard to 
     whether such cost is paid by the employer or employee), 
     taking into account applicable premiums (as defined in 
     section 604(a) of such Act (29 U.S.C. 1164(1))) for such plan 
     and preceding plan year, reduced by any administrative costs 
     for such preceding plan year and increased by 5 percent; or
       (II) in the case such plan is not described in subclause 
     (I), the expected cost to the plan for all individuals 
     covered under such plan for such applicable plan year (as 
     determined under a methodology specified by the Secretary), 
     reduced by any administrative costs for such plan year; and

       (ii) health insurance coverage offered in the large group 
     market for an applicable plan year is an amount equal to the 
     total premiums (including any premium subsidies under any 
     governmental program), as defined by the Secretary, for such 
     plan year, reduced by the administrative costs of the 
     coverage for such plan year.
       (B) Applicable plan year.--The term ``applicable plan 
     year'' means plan year 2020 or plan year 2021, as applicable.
       (e) Application.--
       (1) In general.--The provisions of subsection (c) shall be 
     applied by the Secretary of Health and Human Services, the 
     Secretary of Labor, and the Secretary of the Treasury to 
     group health plans and health insurance issuers offering 
     health insurance coverage in the large group market as if 
     such subsection were included in the provisions of part A of 
     title XXVII of the Public Health Service Act (42 U.S.C. 300gg 
     et seq.), part 7 of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1181 et seq.), and subchapter B of 
     chapter 100 of the Internal Revenue Code of 1986, as 
     applicable.
       (2) Treatment for mlr.--Payments made under this section 
     with respect to an applicable plan year to a self-insured 
     group health plan or health insurance issuer offering health 
     insurance coverage in the large group market shall for 
     purposes of section 2718(b) of the Public Health Service Act 
     (42 U.S.C. 300gg-18(b)) be included in the calculation of the 
     premium revenue with respect to such plan or issuer, 
     respectively, and year.
       (f) Non-application.--The provisions of this section shall 
     not apply with respect to--
       (1) any group health plan or group or individual health 
     insurance coverage in relation to its provision of excepted 
     benefits; or
       (2) a grandfathered health plan, as defined in section 
     1251(e) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18011(e)).
       (g) Implementation.--The Secretary, the Secretary of Labor, 
     and the Secretary of the Treasury may implement the 
     provisions of this section by subregulatory guidance, program 
     instruction, or otherwise.
       (h) Appropriation.--There are appropriated, out of any 
     monies in the Treasury not otherwise appropriated, such sums 
     as may be necessary to carry out this section.

             Subtitle B--Worker Health Coverage Protection

     SEC. 30311. SHORT TITLE.

       This subtitle may be cited as the ``Worker Health Coverage 
     Protection Act''.

     SEC. 30312. PRESERVING HEALTH BENEFITS FOR WORKERS.

       (a) Premium Assistance for COBRA Continuation Coverage and 
     Furloughed Continuation Coverage for Individuals and Their 
     Families.--
       (1) Provision of premium assistance.--
       (A) Reduction of premiums payable.--
       (i) COBRA continuation coverage.--In the case of any 
     premium for a period of coverage during the period beginning 
     on March 1, 2020, and ending on January 31, 2021 for COBRA 
     continuation coverage with respect to any assistance eligible 
     individual described in paragraph (3)(A), such individual 
     shall be treated for purposes of any COBRA continuation 
     provision as having paid the amount of such premium if such 
     individual pays (and any person other than such individual's 
     employer pays on behalf of such individual) 0 percent of the 
     amount of such premium owed by such individual (as determined 
     without regard to this subsection).
       (ii) Furloughed continuation coverage.--In the case of any 
     premium for a period of coverage during the period beginning 
     on March 1, 2020, and ending on January 31, 2021 for coverage 
     under a group health plan with respect to any assistance 
     eligible individual described in paragraph (3)(B), such 
     individual shall be treated for purposes of coverage under 
     the plan offered by the plan sponsor in which the individual 
     is enrolled as having paid the amount of such premium if such 
     individual pays (and any person other than such individual's 
     employer pays on behalf of such individual) 0 percent of the 
     amount of such premium owed by such individual (as determined 
     without regard to this subsection).
       (B) Plan enrollment option.--
       (i) In general.--Notwithstanding the COBRA continuation 
     provisions, any assistance eligible individual who is 
     enrolled in a group health plan offered by a plan sponsor 
     may, not later than 90 days after the date of notice of the 
     plan enrollment option described in this subparagraph, elect 
     to enroll in coverage under a plan offered by such plan 
     sponsor that is different than coverage under the plan in 
     which such individual was enrolled at the time--

       (I) in the case of any assistance eligible individual 
     described in paragraph (3)(A), the qualifying event specified 
     in section 603(2) of the Employee Retirement Income Security 
     Act of 1974, section 4980B(f)(3)(B) of the Internal Revenue 
     Code of 1986, section 2203(2) of the Public Health Service 
     Act, or section 8905a of title 5, United States Code (except 
     for the voluntary termination of such individual's employment 
     by such individual), occurred, and such coverage shall be 
     treated as COBRA continuation coverage for purposes of the 
     applicable COBRA continuation coverage provision; or
       (II) in the case of any assistance eligible individual 
     described in paragraph (3)(B), the furlough period began with 
     respect to such individual.

       (ii) Requirements.--Any assistance eligible individual may 
     elect to enroll in different coverage as described in clause 
     (i) only if--

       (I) the employer involved has made a determination that 
     such employer will permit such assistance eligible individual 
     to enroll in different coverage as provided under this 
     subparagraph;
       (II) the premium for such different coverage does not 
     exceed the premium for coverage in which such individual was 
     enrolled at the time such qualifying event occurred or 
     immediately before such furlough began;
       (III) the different coverage in which the individual elects 
     to enroll is coverage that is also offered to the active 
     employees of the employer, who are not in a furlough period, 
     at the time at which such election is made; and
       (IV) the different coverage in which the individual elects 
     to enroll is not--

       (aa) coverage that provides only dental, vision, 
     counseling, or referral services (or a combination of such 
     services);
       (bb) a qualified small employer health reimbursement 
     arrangement (as defined in section 9831(d)(2) of the Internal 
     Revenue Code of 1986);
       (cc) a flexible spending arrangement (as defined in section 
     106(c)(2) of the Internal Revenue Code of 1986); or
       (dd) benefits that provide coverage for services or 
     treatments furnished in an on-site medical facility 
     maintained by the employer and that consists primarily of 
     first-aid services, prevention and wellness care, or similar 
     care (or a combination of such care).
       (C) Premium reimbursement.--For provisions providing the 
     payment of such premium, see section 6432 of the Internal 
     Revenue Code of 1986, as added by paragraph (14).
       (2) Limitation of period of premium assistance.--
       (A) Eligibility for additional coverage.--Paragraph (1)(A) 
     shall not apply with respect to--
       (i) any assistance eligible individual described in 
     paragraph (3)(A) for months of coverage beginning on or after 
     the earlier of--

       (I) the first date that such individual is eligible for 
     coverage under any other group health plan (other than 
     coverage consisting of only dental, vision, counseling, or 
     referral services (or a combination thereof), coverage under 
     a flexible spending arrangement (as defined in section 
     106(c)(2) of the Internal Revenue Code of 1986), coverage of 
     treatment that is furnished in an on-site medical facility 
     maintained by the employer and that consists primarily of 
     first-aid services, prevention and wellness care, or similar 
     care (or a combination thereof)), or eligible for benefits 
     under the Medicare program under title XVIII of the Social 
     Security Act; or
       (II) the earliest of--

       (aa) the date following the expiration of the maximum 
     period of continuation coverage required under the applicable 
     COBRA continuation coverage provision; or
       (bb) the date following the expiration of the period of 
     continuation coverage allowed under paragraph (4)(B)(ii); or
       (ii) any assistance eligible individual described in 
     paragraph (3)(B) for months of coverage beginning on or after 
     the earlier of--

       (I) the first date that such individual is eligible for 
     coverage under any other group health plan (other than 
     coverage consisting of only dental, vision, counseling, or 
     referral services (or a combination thereof), coverage under 
     a flexible spending arrangement (as defined in section 
     106(c)(2) of the Internal Revenue Code of 1986), coverage of 
     treatment that is furnished in an on-site medical facility 
     maintained by the employer and that consists primarily of 
     first-aid services, prevention and wellness care, or similar 
     care (or a combination thereof)), or eligible for benefits 
     under the Medicare program under title XVIII of the Social 
     Security Act; or
       (II) the first date that such individual is no longer in 
     the furlough period.

       (B) Notification requirement.--Any assistance eligible 
     individual shall notify the group health plan with respect to 
     which paragraph (1)(A) applies if such paragraph ceases to 
     apply by reason of clause (i)(I) or (ii)(I) of subparagraph 
     (A) (as applicable). Such notice shall be provided to the 
     group health plan in such time and manner as may be specified 
     by the Secretary of Labor.
       (C) Special enrollment period following expiration of 
     premium assistance.--Notwithstanding section 1311 of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 18031), 
     the expiration of premium assistance pursuant to a limitation 
     specified under subparagraph (A) shall be treated as a 
     qualifying event for which any assistance eligible individual 
     is eligible to enroll in a qualified health plan offered 
     through an Exchange under title I of such Act (42 U.S.C. 
     18001 et seq.) during a special enrollment period.
       (3) Assistance eligible individual.--For purposes of this 
     section, the term ``assistance eligible individual'' means, 
     with respect to a period of coverage during the period 
     beginning on March 1, 2020, and ending on January 31, 2021--
       (A) any individual that is a qualified beneficiary that--

[[Page H2086]]

       (i) is eligible for COBRA continuation coverage by reason 
     of a qualifying event specified in section 603(2) of the 
     Employee Retirement Income Security Act of 1974, section 
     4980B(f)(3)(B) of the Internal Revenue Code of 1986, section 
     2203(2) of the Public Health Service Act, or section 8905a of 
     title 5, United States Code (except for the voluntary 
     termination of such individual's employment by such 
     individual); and
       (ii) elects such coverage; or
       (B) any covered employee that is in a furlough period that 
     remains eligible for coverage under a group health plan 
     offered by the employer of such covered employee.
       (4) Extension of election period and effect on coverage.--
       (A) In general.--For purposes of applying section 605(a) of 
     the Employee Retirement Income Security Act of 1974, section 
     4980B(f)(5)(A) of the Internal Revenue Code of 1986, section 
     2205(a) of the Public Health Service Act, and section 
     8905a(c)(2) of title 5, United States Code, in the case of--
       (i) an individual who does not have an election of COBRA 
     continuation coverage in effect on the date of the enactment 
     of this Act but who would be an assistance eligible 
     individual described in paragraph (3)(A) if such election 
     were so in effect; or
       (ii) an individual who elected COBRA continuation coverage 
     on or after March 1, 2020, and discontinued from such 
     coverage before the date of the enactment of this Act,
     such individual may elect the COBRA continuation coverage 
     under the COBRA continuation coverage provisions containing 
     such provisions during the period beginning on the date of 
     the enactment of this Act and ending 60 days after the date 
     on which the notification required under paragraph (7)(C) is 
     provided to such individual.
       (B) Commencement of cobra continuation coverage.--Any COBRA 
     continuation coverage elected by a qualified beneficiary 
     during an extended election period under subparagraph (A)--
       (i) shall apply as if such qualified beneficiary had been 
     covered as of the date of a qualifying event specified in 
     section 603(2) of the Employee Retirement Income Security Act 
     of 1974, section 4980B(f)(3)(B) of the Internal Revenue Code 
     of 1986, section 2203(2) of the Public Health Service Act, or 
     section 8905a of title 5, United States Code, except for the 
     voluntary termination of such beneficiary's employment by 
     such beneficiary, that occurs no earlier than March 1, 2020 
     (including the treatment of premium payments under paragraph 
     (1)(A) and any cost-sharing requirements for items and 
     services under a group health plan); and
       (ii) shall not extend beyond the period of COBRA 
     continuation coverage that would have been required under the 
     applicable COBRA continuation coverage provision if the 
     coverage had been elected as required under such provision.
       (5) Expedited review of denials of premium assistance.--In 
     any case in which an individual requests treatment as an 
     assistance eligible individual described in subparagraph (A) 
     or (B) of paragraph (3) and is denied such treatment by the 
     group health plan, the Secretary of Labor (or the Secretary 
     of Health and Human Services in connection with COBRA 
     continuation coverage which is provided other than pursuant 
     to part 6 of subtitle B of title I of the Employee Retirement 
     Income Security Act of 1974), in consultation with the 
     Secretary of the Treasury, shall provide for expedited review 
     of such denial. An individual shall be entitled to such 
     review upon application to such Secretary in such form and 
     manner as shall be provided by such Secretary, in 
     consultation with the Secretary of Treasury. Such Secretary 
     shall make a determination regarding such individual's 
     eligibility within 15 business days after receipt of such 
     individual's application for review under this paragraph. 
     Either Secretary's determination upon review of the denial 
     shall be de novo and shall be the final determination of such 
     Secretary. A reviewing court shall grant deference to such 
     Secretary's determination. The provisions of this paragraph, 
     paragraphs (1) through (4), and paragraphs (7) through (9) 
     shall be treated as provisions of title I of the Employee 
     Retirement Income Security Act of 1974 for purposes of part 5 
     of subtitle B of such title.
       (6) Disregard of subsidies for purposes of federal and 
     state programs.--Notwithstanding any other provision of law, 
     any premium assistance with respect to an assistance eligible 
     individual under this subsection shall not be considered 
     income, in-kind support, or resources for purposes of 
     determining the eligibility of the recipient (or the 
     recipient's spouse or family) for benefits or assistance, or 
     the amount or extent of benefits or assistance, or any other 
     benefit provided under any Federal program or any program of 
     a State or political subdivision thereof financed in whole or 
     in part with Federal funds.
       (7) COBRA-specific notice.--
       (A) General notice.--
       (i) In general.--In the case of notices provided under 
     section 606(a)(4) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of 
     the Internal Revenue Code of 1986, section 2206(4) of the 
     Public Health Service Act (42 U.S.C. 300bb-6(4)), or section 
     8905a(f)(2)(A) of title 5, United States Code, with respect 
     to individuals who, during the period described in paragraph 
     (3), become entitled to elect COBRA continuation coverage, 
     the requirements of such provisions shall not be treated as 
     met unless such notices include an additional notification to 
     the recipient a written notice in clear and understandable 
     language of--

       (I) the availability of premium assistance with respect to 
     such coverage under this subsection; and
       (II) the option to enroll in different coverage if the 
     employer permits assistance eligible individuals described in 
     paragraph (3)(A) to elect enrollment in different coverage 
     (as described in paragraph (1)(B)).

       (ii) Alternative notice.--In the case of COBRA continuation 
     coverage to which the notice provision under such sections 
     does not apply, the Secretary of Labor, in consultation with 
     the Secretary of the Treasury and the Secretary of Health and 
     Human Services, shall, in consultation with administrators of 
     the group health plans (or other entities) that provide or 
     administer the COBRA continuation coverage involved, provide 
     rules requiring the provision of such notice.
       (iii) Form.--The requirement of the additional notification 
     under this subparagraph may be met by amendment of existing 
     notice forms or by inclusion of a separate document with the 
     notice otherwise required.
       (B) Specific requirements.--Each additional notification 
     under subparagraph (A) shall include--
       (i) the forms necessary for establishing eligibility for 
     premium assistance under this subsection;
       (ii) the name, address, and telephone number necessary to 
     contact the plan administrator and any other person 
     maintaining relevant information in connection with such 
     premium assistance;
       (iii) a description of the extended election period 
     provided for in paragraph (4)(A);
       (iv) a description of the obligation of the qualified 
     beneficiary under paragraph (2)(B) and the penalty provided 
     under section 6720C of the Internal Revenue Code of 1986 for 
     failure to carry out the obligation;
       (v) a description, displayed in a prominent manner, of the 
     qualified beneficiary's right to a reduced premium and any 
     conditions on entitlement to the reduced premium;
       (vi) a description of the option of the qualified 
     beneficiary to enroll in different coverage if the employer 
     permits such beneficiary to elect to enroll in such different 
     coverage under paragraph (1)(B); and
       (vii) information regarding any Exchange established under 
     title I of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18001 et seq.) through which a qualified beneficiary 
     may be eligible to enroll in a qualified health plan, 
     including--

       (I) the publicly accessible internet website address for 
     such Exchange;
       (II) the publicly accessible internet website address for 
     the Find Local Help directory maintained by the Department of 
     Health and Human Services on the healthcare.gov internet 
     website (or a successor website);
       (III) a clear explanation that--

       (aa) an individual who is eligible for continuation 
     coverage may also be eligible to enroll, with financial 
     assistance, in a qualified health plan offered through such 
     Exchange, but, in the case that such individual elects to 
     enroll in such continuation coverage and subsequently elects 
     to terminate such continuation coverage before the period of 
     such continuation coverage expires, such termination does not 
     initiate a special enrollment period (absent a qualifying 
     event specified in section 603(2) of the Employee Retirement 
     Income Security Act of 1974, section 4980B(f)(3)(B) of the 
     Internal Revenue Code of 1986, section 2203(2) of the Public 
     Health Service Act, or section 8905a of title 5, United 
     States Code, with respect to such individual); and
       (bb) an individual who elects to enroll in continuation 
     coverage will remain eligible to enroll in a qualified health 
     plan offered through such Exchange during an open enrollment 
     period and may be eligible for financial assistance with 
     respect to enrolling in such a qualified health plan;

       (IV) information on consumer protections with respect to 
     enrolling in a qualified health plan offered through such 
     Exchange, including the requirement for such a qualified 
     health plan to provide coverage for essential health benefits 
     (as defined in section 1302(b) of such Act (42 U.S.C. 
     18022(b))) and the requirements applicable to such a 
     qualified health plan under part A of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg et seq.);
       (V) information on the availability of financial assistance 
     with respect to enrolling in a qualified health plan, 
     including the maximum income limit for eligibility for the 
     premium tax credit under section 36B of the Internal Revenue 
     Code of 1986; and
       (VI) information on any special enrollment periods during 
     which any assistance eligible individual described in 
     paragraph (3)(A)(i) may be eligible to enroll, with financial 
     assistance, in a qualified health plan offered through such 
     Exchange (including a special enrollment period for which an 
     individual may be eligible due to the expiration of premium 
     assistance pursuant to a limitation specified under paragraph 
     (2)(A)).

       (C) Notice in connection with extended election periods.--
     In the case of any assistance eligible individual described 
     in paragraph (3)(A) (or any individual described in paragraph 
     (4)(A)) who became entitled to elect COBRA continuation 
     coverage before the date of the enactment of this Act, the 
     administrator of the applicable group health plan (or other 
     entity) shall provide (within 60 days after the date of 
     enactment of this Act) for the additional notification 
     required to be provided under subparagraph (A) and failure to 
     provide such notice shall be treated as a failure to meet the 
     notice requirements under the applicable COBRA continuation 
     provision.
       (D) Model notices.--Not later than 30 days after the date 
     of enactment of this Act, with respect to any assistance 
     eligible individual described in paragraph (3)(A)--

[[Page H2087]]

       (i) the Secretary of Labor, in consultation with the 
     Secretary of the Treasury and the Secretary of Health and 
     Human Services, shall prescribe models for the additional 
     notification required under this paragraph (other than the 
     additional notification described in clause (ii)); and
       (ii) in the case of any additional notification provided 
     pursuant to subparagraph (A) under section 8905a(f)(2)(A) of 
     title 5, United States Code, the Office of Personnel 
     Management shall prescribe a model for such additional 
     notification.
       (8) Furlough-specific notice.--
       (A) In general.--With respect to any assistance eligible 
     individual described in paragraph (3)(B) who, during the 
     period described in such paragraph, becomes eligible for 
     assistance pursuant to paragraph (1)(A)(ii), the requirements 
     of section 606(a)(4) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1166(4)), section 
     4980B(f)(6)(D) of the Internal Revenue Code of 1986, section 
     2206(4) of the Public Health Service Act (42 U.S.C. 300bb-
     6(4)), or section 8905a(f)(2)(A) of title 5, United States 
     Code, shall not be treated as met unless the group health 
     plan administrator, in accordance with the timing requirement 
     specified under subparagraph (B), provides to the individual 
     a written notice in clear and understandable language of--
       (i) the availability of premium assistance with respect to 
     such coverage under this subsection;
       (ii) the option of the qualified beneficiary to enroll in 
     different coverage if the employer permits such beneficiary 
     to elect to enroll in such different coverage under paragraph 
     (1)(B); and
       (iii) the information specified under paragraph (7)(B) (as 
     applicable).
       (B) Timing specified.--For purposes of subparagraph (A), 
     the timing requirement specified in this subparagraph is--
       (i) with respect to such an individual who is within a 
     furlough period during the period beginning on March 1, 2020, 
     and ending on the date of the enactment of this Act, 30 days 
     after the date of such enactment; and
       (ii) with respect to such an individual who is within a 
     furlough period during the period beginning on the first day 
     after the date of the enactment of this Act and ending on 
     January 31, 2021, 30 days after the date of the beginning of 
     such furlough period.
       (C) Model notices.--Not later than 30 days after the date 
     of enactment of this Act, with respect to any assistance 
     eligible individual described in paragraph (3)(B)--
       (i) the Secretary of Labor, in consultation with the 
     Secretary of the Treasury and the Secretary of Health and 
     Human Services, shall prescribe models for the notification 
     required under this paragraph (other than the notification 
     described in clause (ii)); and
       (ii) in the case of any notification provided pursuant to 
     subparagraph (A) under section 8905a(f)(2)(A) of title 5, 
     United States Code, the Office of Personnel Management shall 
     prescribe a model for such notification.
       (9) Notice of expiration of period of premium assistance.--
       (A) In general.--With respect to any assistance eligible 
     individual, subject to subparagraph (B), the requirements of 
     section 606(a)(4) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of 
     the Internal Revenue Code of 1986, section 2206(4) of the 
     Public Health Service Act (42 U.S.C. 300bb-6(4)), or section 
     8905a(f)(2)(A) of title 5, United States Code, shall not be 
     treated as met unless the employer of the individual, during 
     the period specified under subparagraph (C), provides to such 
     individual a written notice in clear and understandable 
     language--
       (i) that the premium assistance for such individual will 
     expire soon and the prominent identification of the date of 
     such expiration;
       (ii) that such individual may be eligible for coverage 
     without any premium assistance through--

       (I) COBRA continuation coverage; or
       (II) coverage under a group health plan;

       (iii) that the expiration of premium assistance is treated 
     as a qualifying event for which any assistance eligible 
     individual is eligible to enroll in a qualified health plan 
     offered through an Exchange under title I of such Act (42 
     U.S.C. 18001 et seq.) during a special enrollment period; and
       (iv) the information specified in paragraph (7)(B)(vii).
       (B) Exception.--The requirement for the group health plan 
     administrator to provide the written notice under 
     subparagraph (A) shall be waived in the case the premium 
     assistance for such individual expires pursuant to clause 
     (i)(I) or (ii)(I) of paragraph (2)(A).
       (C) Period specified.--For purposes of subparagraph (A), 
     the period specified in this subparagraph is, with respect to 
     the date of expiration of premium assistance for any 
     assistance eligible individual pursuant to a limitation 
     requiring a notice under this paragraph, the period beginning 
     on the day that is 45 days before the date of such expiration 
     and ending on the day that is 15 days before the date of such 
     expiration.
       (D) Model notices.--Not later than 30 days after the date 
     of enactment of this Act, with respect to any assistance 
     eligible individual--
       (i) the Secretary of Labor, in consultation with the 
     Secretary of the Treasury and the Secretary of Health and 
     Human Services, shall prescribe models for the notification 
     required under this paragraph (other than the notification 
     described in clause (ii)); and
       (ii) in the case of any notification provided pursuant to 
     subparagraph (A) under section 8905a(f)(2)(A) of title 5, 
     United States Code, the Office of Personnel Management shall 
     prescribe a model for such notification.
       (10) Regulations.--The Secretary of the Treasury and the 
     Secretary of Labor may jointly prescribe such regulations or 
     other guidance as may be necessary or appropriate to carry 
     out the provisions of this subsection, including the 
     prevention of fraud and abuse under this subsection, except 
     that the Secretary of Labor and the Secretary of Health and 
     Human Services may prescribe such regulations (including 
     interim final regulations) or other guidance as may be 
     necessary or appropriate to carry out the provisions of 
     paragraphs (5), (7), (8), (9), and (11).
       (11) Outreach.--
       (A) In general.--The Secretary of Labor, in consultation 
     with the Secretary of the Treasury and the Secretary of 
     Health and Human Services, shall provide outreach consisting 
     of public education and enrollment assistance relating to 
     premium assistance provided under this subsection. Such 
     outreach shall target employers, group health plan 
     administrators, public assistance programs, States, insurers, 
     and other entities as determined appropriate by such 
     Secretaries. Such outreach shall include an initial focus on 
     those individuals electing continuation coverage who are 
     referred to in paragraph (7)(C). Information on such premium 
     assistance, including enrollment, shall also be made 
     available on websites of the Departments of Labor, Treasury, 
     and Health and Human Services.
       (B) Enrollment under medicare.--The Secretary of Health and 
     Human Services shall provide outreach consisting of public 
     education. Such outreach shall target individuals who lose 
     health insurance coverage. Such outreach shall include 
     information regarding enrollment for benefits under title 
     XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for 
     purposes of preventing mistaken delays of such enrollment by 
     such individuals, including lifetime penalties for failure of 
     timely enrollment.
       (12) Definitions.--For purposes of this section:
       (A) Administrator.--The term ``administrator'' has the 
     meaning given such term in section 3(16)(A) of the Employee 
     Retirement Income Security Act of 1974.
       (B) COBRA continuation coverage.--The term ``COBRA 
     continuation coverage'' means continuation coverage provided 
     pursuant to part 6 of subtitle B of title I of the Employee 
     Retirement Income Security Act of 1974 (other than under 
     section 609), title XXII of the Public Health Service Act, 
     section 4980B of the Internal Revenue Code of 1986 (other 
     than subsection (f)(1) of such section insofar as it relates 
     to pediatric vaccines), or section 8905a of title 5, United 
     States Code, or under a State program that provides 
     comparable continuation coverage. Such term does not include 
     coverage under a health flexible spending arrangement under a 
     cafeteria plan within the meaning of section 125 of the 
     Internal Revenue Code of 1986.
       (C) COBRA continuation provision.--The term ``COBRA 
     continuation provision'' means the provisions of law 
     described in subparagraph (B).
       (D) Covered employee.--The term ``covered employee'' has 
     the meaning given such term in section 607(2) of the Employee 
     Retirement Income Security Act of 1974.
       (E) Qualified beneficiary.--The term ``qualified 
     beneficiary'' has the meaning given such term in section 
     607(3) of the Employee Retirement Income Security Act of 
     1974.
       (F) Group health plan.--The term ``group health plan'' has 
     the meaning given such term in section 607(1) of the Employee 
     Retirement Income Security Act of 1974.
       (G) State.--The term ``State'' includes the District of 
     Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.
       (H) Period of coverage.--Any reference in this subsection 
     to a period of coverage shall be treated as a reference to a 
     monthly or shorter period of coverage with respect to which 
     premiums are charged with respect to such coverage.
       (I) Plan sponsor.--The term ``plan sponsor'' has the 
     meaning given such term in section 3(16)(B) of the Employee 
     Retirement Income Security Act of 1974.
       (J) Furlough period.--
       (i) In general.--The term ``furlough period'' means, with 
     respect to an individual and an employer of such individual, 
     a period--

       (I) beginning with the first month beginning on or after 
     March 1, 2020 and before January 31, 2021, during which such 
     individual's employer reduces such individual's work hours 
     (due to a lack of work, funds, or other nondisciplinary 
     reason) to an amount that is less than 70 percent of the base 
     month amount; and
       (II) ending with the earlier of--

       (aa) the first month beginning after January 31, 2021; or
       (bb) the month following the first month during which work 
     hours of such employee are greater than 80 percent of work 
     hours of the base month amount.
       (ii) Base month amount.--For purposes of clause (i), the 
     term ``base month amount'' means, with respect to an 
     individual and an employer of such individual, the greater 
     of--

       (I) such individual's work hours in the month prior (or in 
     the case such individual had no work hours in the month prior 
     and had work hours in the 3 months prior, the last month with 
     work hours within the prior 3 months); and
       (II) such individual's work hours during the period 
     beginning January 1, 2020 and ending January 31, 2020.

       (13) Reports.--
       (A) Interim report.--The Secretary of the Treasury and the 
     Secretary of Labor shall jointly submit an interim report to 
     the Committee on Education and Labor, the Committee on Ways 
     and Means, and the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions and the Committee on Finance 
     of the Senate regarding the premium assistance provided under 
     this subsection that includes--

[[Page H2088]]

       (i) the number of individuals provided such assistance as 
     of the date of the report; and
       (ii) the total amount of expenditures incurred (with 
     administrative expenditures noted separately) in connection 
     with such assistance as of the date of the report.
       (B) Final report.--As soon as practicable after the last 
     period of COBRA continuation coverage for which premium 
     assistance is provided under this section, the Secretary of 
     the Treasury and the Secretary of Labor shall jointly submit 
     a final report to each Committee referred to in subparagraph 
     (A) that includes--
       (i) the number of individuals provided premium assistance 
     under this section;
       (ii) the average dollar amount (monthly and annually) of 
     premium assistance provided to such individuals; and
       (iii) the total amount of expenditures incurred (with 
     administrative expenditures noted separately) in connection 
     with premium assistance under this section.
       (14) COBRA premium assistance.--
       (A) In general.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new section:

     ``SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSISTANCE.

       ``(a) In General.--The person to whom premiums are payable 
     for continuation coverage under section 30312(a)(1) of the 
     Worker Health Coverage Protection Act shall be allowed as a 
     credit against the tax imposed by section 3111(a), or so much 
     of the taxes imposed under section 3221(a) as are 
     attributable to the rate in effect under section 3111(a), for 
     each calendar quarter an amount equal to the premiums not 
     paid by assistance eligible individuals for such coverage by 
     reason of such section 30312(a)(1) with respect to such 
     calendar quarter.
       ``(b) Person to Whom Premiums Are Payable.--For purposes of 
     subsection (a), except as otherwise provided by the 
     Secretary, the person to whom premiums are payable under such 
     continuation coverage shall be treated as being--
       ``(1) in the case of any group health plan which is a 
     multiemployer plan (as defined in section 3(37) of the 
     Employee Retirement Income Security Act of 1974), the plan,
       ``(2) in the case of any group health plan not described in 
     paragraph (1)--
       ``(A) which provides furlough continuation coverage 
     described in section 30312(a)(1)(A)(ii) of the Worker Health 
     Coverage Protection Act or subject to the COBRA continuation 
     provisions contained in--
       ``(i) this title,
       ``(ii) the Employee Retirement Income Security Act of 1974,
       ``(iii) the Public Health Service Act, or
       ``(iv) title 5, United States Code, or
       ``(B) under which some or all of the coverage is not 
     provided by insurance,
     the employer maintaining the plan, and
       ``(3) in the case of any group health plan not described in 
     paragraph (1) or (2), the insurer providing the coverage 
     under the group health plan.
       ``(c) Limitations and Refundability.--
       ``(1) Credit limited to certain employment taxes.--The 
     credit allowed by subsection (a) with respect to any calendar 
     quarter shall not exceed the tax imposed by section 3111(a), 
     or so much of the taxes imposed under section 3221(a) as are 
     attributable to the rate in effect under section 3111(a), for 
     such calendar quarter (reduced by any credits allowed under 
     subsections (e) and (f) of section 3111, sections 7001 and 
     7003 of the Families First Coronavirus Response Act, section 
     2301 of the CARES Act, and sections 20204 and 20212 of the 
     COVID-19 Tax Relief Act of 2020 for such quarter) on the 
     wages paid with respect to the employment of all employees of 
     the employer.
       ``(2) Refundability of excess credit.--
       ``(A) Credit is refundable.--If the amount of the credit 
     under subsection (a) exceeds the limitation of paragraph (1) 
     for any calendar quarter, such excess shall be treated as an 
     overpayment that shall be refunded under sections 6402(a) and 
     6413(b).
       ``(B) Credit may be advanced.--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) through the end of the most 
     recent payroll period in the quarter.
       ``(C) Treatment of deposits.--The Secretary shall waive any 
     penalty under section 6656 for any failure to make a deposit 
     of the tax imposed by section 3111(a), or so much of the 
     taxes imposed under section 3221(a) as are attributable to 
     the rate in effect under section 3111(a), if the Secretary 
     determines that such failure was due to the anticipation of 
     the credit allowed under this section.
       ``(D) Treatment of payments.--For purposes of section 1324 
     of title 31, United States Code, any amounts due to an 
     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.
       ``(3) Limitation on reimbursement for furloughed 
     employees.--In the case of an individual who for any month is 
     an assistance eligible individual described in section 
     30312(a)(3)(B) of the Worker Health Coverage Protection Act 
     with respect to any coverage, the credit determined with 
     respect to such individual under subsection (a) for any such 
     month ending during a calendar quarter shall not exceed the 
     amount of premium the individual would have paid for a full 
     month of such coverage for the month preceding the first 
     month for which an individual is such an assistance eligible 
     individual.
       ``(d) Governmental Entities.--For purposes of this section, 
     the term `person' includes any governmental entity or Indian 
     tribal government (as defined in section 139E(c)(1)).
       ``(e) Denial of Double Benefit.--For purposes of chapter 1, 
     the gross income of any person allowed a credit under this 
     section shall be increased for the taxable year which 
     includes the last day of any calendar quarter with respect to 
     which such credit is allowed by the amount of such credit. No 
     amount for which a credit is allowed under this section shall 
     be taken into account as qualified wages under section 2301 
     of the CARES Act or as qualified health plan expenses under 
     section 7001(d) or 7003(d) of the Families First Coronavirus 
     Response Act.
       ``(f) Reporting.--Each person entitled to reimbursement 
     under subsection (a) for any period shall submit such reports 
     (at such time and in such manner) as the Secretary may 
     require, including--
       ``(1) an attestation of involuntary termination of 
     employment, reduction of hours, or furloughing, for each 
     assistance eligible individual on the basis of whose 
     termination, reduction of hours, or furloughing entitlement 
     to reimbursement is claimed under subsection (a),
       ``(2) a report of the amount of payroll taxes offset under 
     subsection (a) for the reporting period, and
       ``(3) a report containing the TINs of all covered 
     employees, the amount of subsidy reimbursed with respect to 
     each employee, and a designation with respect to each 
     employee as to whether the subsidy reimbursement is for 
     coverage of 1 individual or 2 or more individuals.
       ``(g) Regulations.--The Secretary shall issue such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out this section, including--
       ``(1) the requirement to report information or the 
     establishment of other methods for verifying the correct 
     amounts of reimbursements under this section,
       ``(2) the application of this section to group health plans 
     that are multiemployer plans (as defined in section 3(37) of 
     the Employee Retirement Income Security Act of 1974),
       ``(3) to allow the advance payment of the credit determined 
     under subsection (a), subject to the limitations provided in 
     this section, based on such information as the Secretary 
     shall require,
       ``(4) to provide for the reconciliation of such advance 
     payment with the amount of the credit at the time of filing 
     the return of tax for the applicable quarter or taxable year, 
     and
       ``(5) with respect to the application of the credit to 
     third party payors (including professional employer 
     organizations, certified professional employer organizations, 
     or agents under section 3504).''.
       (B) Social security trust funds held harmless.--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. 231n-1(a)) 
     amounts equal to the reduction in revenues to the Treasury by 
     reason of this section (without regard to this subparagraph). 
     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.
       (C) Clerical amendment.--The table of sections for 
     subchapter B of chapter 65 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 6432. Continuation coverage premium assistance.''.
       (D) Effective date.--The amendments made by this paragraph 
     shall apply to premiums to which subsection (a)(1)(A) 
     applies.
       (E) Special rule in case of employee payment that is not 
     required under this section.--
       (i) In general.--In the case of an assistance eligible 
     individual who pays, with respect any period of coverage to 
     which subsection (a)(1)(A) applies, the amount of the premium 
     for such coverage that the individual would have (but for 
     this Act) been required to pay, the person to whom such 
     payment is payable shall reimburse such individual for the 
     amount of such premium paid.
       (ii) Credit of reimbursement.--A person to which clause (i) 
     applies shall be allowed a credit in the manner provided 
     under section 6432 of the Internal Revenue Code of 1986 for 
     any payment made to the employee under such clause.
       (iii) Payment of credits.--Any person to which clause (i) 
     applies shall make the payment required under such clause to 
     the individual not later than 60 days after the date on which 
     such individual elects continuation coverage under section 
     30312(a)(1) of the Worker Health Coverage Protection Act.
       (15) Penalty for failure to notify health plan of cessation 
     of eligibility for premium assistance.--
       (A) In general.--Part I of subchapter B of chapter 68 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new section:

     ``SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH PLAN OF 
                   CESSATION OF ELIGIBILITY FOR CONTINUATION 
                   COVERAGE PREMIUM ASSISTANCE.

       ``(a) In General.--Except in the case of failure described 
     in subsection (b) or (c), any person required to notify a 
     group health plan under section 30312(a)(2)(B) of the Worker 
     Health Coverage Protection Act who fails to make such a 
     notification at such time and in such manner as the Secretary 
     of Labor may require shall pay a penalty of $250.
       ``(b) Intentional Failure.--In the case of any such failure 
     that is fraudulent, such person shall pay a penalty equal to 
     the greater of--
       ``(1) $250, or

[[Page H2089]]

       ``(2) 110 percent of the premium assistance provided under 
     section 30312(a)(1)(A) of such Act after termination of 
     eligibility under such section.
       ``(c) Reasonable Cause Exception.--No penalty shall be 
     imposed under this section with respect to any failure if it 
     is shown that such failure is due to reasonable cause and not 
     to willful neglect.''.
       (B) Clerical amendment.--The table of sections of part I of 
     subchapter B of chapter 68 of such Code is amended by adding 
     at the end the following new item:

``Sec. 6720C. Penalty for failure to notify health plan of cessation of 
              eligibility for continuation coverage premium 
              assistance.''.
       (16) Coordination with hctc.--
       (A) In general.--Section 35(g)(9) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(9) Continuation coverage premium assistance.--In the 
     case of an assistance eligible individual who receives 
     premium assistance for continuation coverage under section 
     30312(a)(1) of the Worker Health Coverage Protection Act for 
     any month during the taxable year, such individual shall not 
     be treated as an eligible individual, a certified individual, 
     or a qualifying family member for purposes of this section or 
     section 7527 with respect to such month.''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
       (17) Exclusion of continuation coverage premium assistance 
     from gross income.--
       (A) In general.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by inserting 
     after section 139H the following new section:

     ``SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSISTANCE.

       ``In the case of an assistance eligible individual (as 
     defined in subsection (a)(3) of section 30312 of the Worker 
     Health Coverage Protection Act), gross income does not 
     include any premium assistance provided under subsection 
     (a)(1) of such section.''.
       (B) Clerical amendment.--The table of sections for part III 
     of subchapter B of chapter 1 of such Code is amended by 
     inserting after the item relating to section 139H the 
     following new item:

``Sec. 139I. Continuation coverage premium assistance.''.
       (C) Effective date.--The amendments made by this paragraph 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
       (18) Deadlines with respect to notices.--Notwithstanding 
     section 518 of the Employee Retirement Income Security Act of 
     1974 and section 7508A of the Internal Revenue Code of 1986, 
     the Secretary of Labor and the Secretary of the Treasury, 
     respectively, may not waive or extend any deadline with 
     respect to the provision of notices described in paragraphs 
     (7), (8), and (9).
       (b) Rule of Construction.--In all matters of 
     interpretation, rules, and operational procedures, the 
     language of this section shall be interpreted broadly for the 
     benefit of workers and their families.

             TITLE IV--APPLICATION TO OTHER HEALTH PROGRAMS

     SEC. 30401. PROHIBITION ON COPAYMENTS AND COST SHARING FOR 
                   TRICARE BENEFICIARIES RECEIVING COVID-19 
                   TREATMENT.

       (a) In General.--Section 6006(a) of the Families First 
     Coronavirus Response Act (Public Law 116-127; 38 U.S.C. 1074 
     note) is amended by striking ``or visits described in 
     paragraph (2) of such section'' and inserting ``, visits 
     described in paragraph (2) of such section, or medical care 
     to treat COVID-19''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to medical care furnished on or 
     after the date of the enactment of this Act.

     SEC. 30402. PROHIBITION ON COPAYMENTS AND COST SHARING FOR 
                   VETERANS RECEIVING COVID-19 TREATMENT FURNISHED 
                   BY DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 6006(b) of the Families First 
     Coronavirus Response Act (Public Law 116-127; 38 U.S.C. 1701 
     note) is amended by striking ``or visits described in 
     paragraph (2) of such section'' and inserting ``, visits 
     described in paragraph (2) of such section, or hospital care 
     or medical services to treat COVID-19''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to hospital care and medical 
     services furnished on or after the date of the enactment of 
     this Act.

     SEC. 30403. PROHIBITION ON COPAYMENTS AND COST SHARING FOR 
                   FEDERAL CIVILIAN EMPLOYEES RECEIVING COVID-19 
                   TREATMENT.

       (a) In General.--Section 6006(c) of the Families First 
     Coronavirus Response Act (Public Law 116-127; 5 U.S.C. 8904 
     note) is amended by striking ``or visits described in 
     paragraph (2) of such section'' and inserting ``, visits 
     described in paragraph (2) of such section, or hospital care 
     or medical services to treat COVID-19''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to hospital care and medical 
     services furnished on or after the date of the enactment of 
     this Act.

                    TITLE V--PUBLIC HEALTH POLICIES

     SEC. 30501. DEFINITIONS.

       In this title:
       (1) Except as inconsistent with the provisions of this 
     title, the term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (2) The term ``State'' refers to each of the 50 States and 
     the District of Columbia.
       (3) The term ``Tribal'', with respect to a department of 
     health (or health department), includes--
       (A) Indian Tribes that--
       (i) are operating one or more health facilities pursuant to 
     an agreement under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5301 et seq.); or
       (ii) receive services from a facility operated by the 
     Indian Health Services; and
       (B) Tribal organizations and Urban Indian organizations.

                 Subtitle A--Supply Chain Improvements

     SEC. 30511. MEDICAL SUPPLIES RESPONSE COORDINATOR.

       (a) In General.--The President shall appoint a Medical 
     Supplies Response Coordinator to coordinate the efforts of 
     the Federal Government regarding the supply and distribution 
     of critical medical supplies and equipment related to 
     detecting, diagnosing, preventing, and treating COVID-19, 
     including personal protective equipment, medical devices, 
     drugs, and vaccines.
       (b) Qualifications.--To qualify to be appointed as the 
     Medical Supplies Response Coordinator, an individual shall be 
     a senior government official with--
       (1) health care training, including training related to 
     infectious diseases or hazardous exposures; and
       (2) a familiarity with medical supply chain logistics.
       (c) Activities.--The Medical Supplies Response Coordinator 
     shall--
       (1) consult with State, local, territorial, and Tribal 
     officials to ensure that health care facilities and health 
     care workers have sufficient personal protective equipment 
     and other medical supplies;
       (2) evaluate ongoing needs of States, localities, 
     territories, Tribes, health care facilities, and health care 
     workers to determine the need for critical medical supplies 
     and equipment;
       (3) serve as a point of contact for industry for 
     procurement and distribution of critical medical supplies and 
     equipment, including personal protective equipment, medical 
     devices, testing supplies, drugs, and vaccines;
       (4) procure and distribute critical medical supplies and 
     equipment, including personal protective equipment, medical 
     devices, testing supplies, drugs, and vaccines;
       (5)(A) establish and maintain an up-to-date national 
     database of hospital capacity, including beds, ventilators, 
     and supplies, including personal protective equipment, 
     medical devices, drugs, and vaccines; and
       (B) provide weekly reports to the Congress on gaps in such 
     capacity and progress made toward closing the gaps;
       (6) require, as necessary, industry reporting on production 
     and distribution of personal protective equipment, medical 
     devices, testing supplies, drugs, and vaccines and assess 
     financial penalties as may be specified by the Medical 
     Supplies Response Coordinator for failure to comply with such 
     requirements for reporting on production and distribution;
       (7) consult with the Secretary and the Administrator of the 
     Federal Emergency Management Agency, as applicable, to ensure 
     sufficient production levels under the Defense Production Act 
     of 1950 (50 U.S.C. 4501 et seq.); and
       (8) monitor the prices of critical medical supplies and 
     equipment, including personal protective equipment and 
     medical devices, drugs, and vaccines related to detecting, 
     diagnosing, preventing, and treating COVID-19 and report any 
     suspected price gouging of such materials to the Federal 
     Trade Commission and appropriate law enforcement officials.

     SEC. 30512. INFORMATION TO BE INCLUDED IN LIST OF DEVICES 
                   DETERMINED TO BE IN SHORTAGE.

       Section 506J(g)(2)(A) of the Federal Food, Drug, and 
     Cosmetic Act, as added by section 3121 of the CARES Act 
     (Public Law 116-136), is amended by inserting ``, including 
     the device identifier or national product code for such 
     device, if applicable'' before the period at the end.

     SEC. 30513. EXTENDED SHELF LIFE DATES FOR ESSENTIAL DEVICES.

       (a) In General.--The Federal Food, Drug, and Cosmetic Act 
     is amended by inserting after section 506J (21 U.S.C. 356j) 
     the following:

     ``SEC. 506K. EXTENDED SHELF LIFE DATES FOR ESSENTIAL DEVICES.

       ``(a) In General.--A manufacturer of a device subject to 
     notification requirements under section 506J (in this section 
     referred to as an `essential device') shall--
       ``(1) submit to the Secretary data and information as 
     required by subsection (b)(1);
       ``(2) conduct and submit the results of any studies 
     required under subsection (b)(3); and
       ``(3) make any labeling change described in subsection (c) 
     by the date specified by the Secretary pursuant to such 
     subsection.
       ``(b) Notification.--
       ``(1) In general.--The Secretary may issue an order 
     requiring the manufacturer of any essential device to submit, 
     in such manner as the Secretary may prescribe, data and 
     information from any stage of development of the device 
     (including pilot, investigational, and final product 
     validation) that are adequate to assess the shelf life of the 
     device to determine the longest supported expiration date.
       ``(2) Unavailable or insufficient data and information.--If 
     the data and information referred to in paragraph (1) are not 
     available or are insufficient, the Secretary may require the 
     manufacturer of the device to--
       ``(A) conduct studies adequate to provide the data and 
     information; and
       ``(B) submit to the Secretary the results, data, and 
     information generated by such studies when available.
       ``(c) Labeling.--The Secretary may issue an order requiring 
     the manufacturer of an essential device to make by a 
     specified date any labeling change regarding the expiration 
     period that the Secretary determines to be appropriate based 
     on

[[Page H2090]]

     the data and information required to be submitted under this 
     section or any other data and information available to the 
     Secretary.
       ``(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.''.
       (b) Civil Monetary Penalty.--Section 303(f) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)) is amended by 
     adding at the end the following:
       ``(10) Civil Monetary Penalty With Respect to Extended 
     Shelf Life Dates for Essential Devices.--If the manufacturer 
     of a device subject to notification requirements under 
     section 506J violates section 506K by failing to submit data 
     and information as required under section 506K(b)(1), failing 
     to conduct or submit the results of studies as required under 
     section 506K(b)(3), or failing to make a labeling change as 
     required under section 506K(c), such manufacturer shall be 
     liable to the United States for a civil penalty in an amount 
     not to exceed $10,000 for each such violation.''.
       (c) Emergency Use Eligible Products.--Subparagraph (A) of 
     section 564A(a)(1) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 360bbb-3a(a)(1)) is amended to read as 
     follows:
       ``(A) is approved or cleared under this chapter, otherwise 
     listed as a device pursuant to section 510(j), conditionally 
     approved under section 571, or licensed under section 351 of 
     the Public Health Service Act;''.

     SEC. 30514. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.

       (a) In General.--Section 801(a) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381(a)) is amended--
       (1) in the fourth sentence, by inserting ``or counterfeit 
     device'' after ``counterfeit drug''; and
       (2) by striking ``The Secretary of the Treasury shall cause 
     the destruction of'' and all that follows through ``liable 
     for costs pursuant to subsection (c).'' and inserting the 
     following: ``The Secretary of the Treasury shall cause the 
     destruction of any such article refused admission unless such 
     article is exported, under regulations prescribed by the 
     Secretary of the Treasury, within 90 days of the date of 
     notice of such refusal or within such additional time as may 
     be permitted pursuant to such regulations, except that the 
     Secretary of Health and Human Services may destroy, without 
     the opportunity for export, any drug or device refused 
     admission under this section, if such drug or device is 
     valued at an amount that is $2,500 or less (or such higher 
     amount as the Secretary of the Treasury may set by regulation 
     pursuant to section 498(a)(1) of the Tariff Act of 1930 (19 
     U.S.C. 1498(a)(1))) and was not brought into compliance as 
     described under subsection (b). The Secretary of Health and 
     Human Services shall issue regulations providing for notice 
     and an opportunity to appear before the Secretary of Health 
     and Human Services and introduce testimony, as described in 
     the first sentence of this subsection, on destruction of a 
     drug or device under the seventh sentence of this subsection. 
     The regulations shall provide that prior to destruction, 
     appropriate due process is available to the owner or 
     consignee seeking to challenge the decision to destroy the 
     drug or device. Where the Secretary of Health and Human 
     Services provides notice and an opportunity to appear and 
     introduce testimony on the destruction of a drug or device, 
     the Secretary of Health and Human Services shall store and, 
     as applicable, dispose of the drug or device after the 
     issuance of the notice, except that the owner and consignee 
     shall remain liable for costs pursuant to subsection (c).''.
       (b) Definition.--Section 201(h) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321(h)) is amended--
       (1) by redesignating subparagraphs (1), (2), and (3) as 
     clauses (A), (B), and (C), respectively; and
       (2) after making such redesignations--
       (A) by striking ``(h) The term'' and inserting ``(h)(1) The 
     term''; and
       (B) by adding at the end the following:
       ``(2) The term `counterfeit device' means a device which, 
     or the container, packaging, or labeling of which, without 
     authorization, bears a trademark, trade name, or other 
     identifying mark, imprint, or symbol, or any likeness 
     thereof, or is manufactured using a design, of a device 
     manufacturer, packer, or distributor other than the person or 
     persons who in fact manufactured, packed, or distributed such 
     device and which thereby falsely purports or is represented 
     to be the product of, or to have been packed or distributed 
     by, such other device manufacturer, packer, or distributor.
       ``(3) For purposes of subparagraph (2)--
       ``(A) the term `manufactured' refers to any of the 
     following activities: manufacture, preparation, propagation, 
     compounding, assembly, or processing; and
       ``(B) the term `manufacturer' means a person who is engaged 
     in any of the activities listed in clause (A).''.

     SEC. 30515. REPORTING REQUIREMENT FOR DRUG MANUFACTURERS.

       (a) Establishments in a Foreign Country.--Section 510(i) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)) 
     is amended by inserting at the end the following new 
     paragraph:
       ``(5) The requirements of paragraphs (1) and (2) shall 
     apply to establishments within a foreign country engaged in 
     the manufacture, preparation, propagation, compounding, or 
     processing of any drug, including the active pharmaceutical 
     ingredient, that is required to be listed pursuant to 
     subsection (j). Such requirements shall apply regardless of 
     whether the drug or active pharmaceutical ingredient 
     undergoes further manufacture, preparation, propagation, 
     compounding, or processing at a separate establishment or 
     establishments outside the United States prior to being 
     imported or offered for import into the United States.''.
       (b) Listing of Drugs.--Section 510(j)(1) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 360(j)(1)) is 
     amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) in the case of a drug contained in the applicable 
     list, a certification that the registrant has--
       ``(i) identified every other establishment where 
     manufacturing is performed for the drug; and
       ``(ii) notified each known foreign establishment engaged in 
     the manufacture, preparation, propagation, compounding, or 
     processing of the drug, including the active pharmaceutical 
     ingredient, of the inclusion of the drug in the list and the 
     obligation to register.''.
       (c) Quarterly Reporting on Amount of Drugs Manufactured.--
     Section 510(j)(3)(A) of the Federal Food, Drug, and Cosmetic 
     Act (as added by section 3112 of the CARES Act (Public Law 
     116-136)) is amended by striking ``annually'' and inserting 
     ``once during the month of March of each year, once during 
     the month of June of each year, once during the month of 
     September of each year, and once during the month of December 
     of each year''.

     SEC. 30516. RECOMMENDATIONS TO ENCOURAGE DOMESTIC 
                   MANUFACTURING OF CRITICAL DRUGS.

       (a) In General.--Not later than 14 days after the date of 
     enactment of this Act, the Secretary shall enter into an 
     agreement with the National Academies of Sciences, 
     Engineering, and Medicine (referred to in this section as the 
     ``National Academies'') under which, not later than 90 days 
     after the date of entering into the agreement, the National 
     Academies will--
       (1) establish a committee of experts who are knowledgeable 
     about drug and device supply issues, including--
       (A) sourcing and production of critical drugs and devices;
       (B) sourcing and production of active pharmaceutical 
     ingredients in critical drugs;
       (C) the raw materials and other components for critical 
     drugs and devices; and
       (D) the public health and national security implications of 
     the current supply chain for critical drugs and devices;
       (2) convene a public symposium to--
       (A) analyze the impact of United States dependence on the 
     foreign manufacturing of critical drugs and devices on 
     patient access and care, including in hospitals and intensive 
     care units; and
       (B) recommend strategies to end United States dependence on 
     foreign manufacturing to ensure the United States has a 
     diverse and vital supply chain for critical drugs and devices 
     to protect the Nation from natural or hostile occurrences; 
     and
       (3) submit a report on the symposium's proceedings to the 
     Congress and publish a summary of such proceedings on the 
     public website of the National Academies.
       (b) Symposium.--In carrying out the agreement under 
     subsection (a), the National Academies shall consult with--
       (1) 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) relevant stakeholders, including drug and device 
     manufacturers, health care providers, medical professional 
     societies, State-based societies, public health experts, 
     State and local public health departments, State medical 
     boards, patient groups, health care distributors, wholesalers 
     and group purchasing organizations, pharmacists, and other 
     entities with experience in health care and public health, as 
     appropriate.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``critical''--
       (A) with respect to a device, refers to a device classified 
     by the Food and Drug Administration as implantable, life-
     saving, and life-sustaining; or
       (B) with respect to a drug, refers to a drug that is 
     described in subsection (a) of section 506C of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 356c) (relating to 
     notification of any discontinuance or interruption in the 
     production of life-saving drugs).
       (2) The terms ``device'' and ``drug'' have the meanings 
     given to those terms in section 201 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321).

     SEC. 30517. FAILURE TO NOTIFY OF A PERMANENT DISCONTINUANCE 
                   OR AN INTERRUPTION.

       Section 301 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 331) is amended by adding at the end the following:
       ``(fff) The failure of a manufacturer of a drug described 
     in section 506C(a) or an active pharmaceutical ingredient of 
     such a drug, without a reasonable basis as determined by the 
     Secretary, to notify the Secretary of a permanent 
     discontinuance or an interruption, and the reasons for such 
     discontinuance or interruption, as required by section 
     506C.''.

     SEC. 30518. FAILURE TO DEVELOP RISK MANAGEMENT PLAN.

       Section 301 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 331), as amended by section 30517, is further amended 
     by adding at the end the following:
       ``(ggg) The failure to develop, maintain, and implement a 
     risk management plan, as required by section 506C(j).''.

[[Page H2091]]

  


     SEC. 30519. NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS 
                   PHARMACEUTICAL MANUFACTURING.

       (a) In General.--Section 3016 of the 21st Century Cures Act 
     (21 U.S.C. 399h) is amended to read as follows:

     ``SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS 
                   PHARMACEUTICAL MANUFACTURING.

       ``(a) In General.--The Secretary of Health and Human 
     Services, acting through the Commissioner of Food and Drugs--
       ``(1) shall solicit and, beginning not later than 1 year 
     after the date of enactment of the Inspector General 
     Independence Act, receive requests from institutions of 
     higher education to be designated as a National Center of 
     Excellence in Continuous Pharmaceutical Manufacturing (in 
     this section referred to as a `National Center of 
     Excellence') to support the advancement and development of 
     continuous manufacturing; and
       ``(2) shall so designate any institution of higher 
     education that--
       ``(A) requests such designation; and
       ``(B) meets the criteria specified in subsection (c).
       ``(b) Request for Designation.--A request for designation 
     under subsection (a) shall be made to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require. Any such request shall include a 
     description of how the institution of higher education meets 
     or plans to meet each of the criteria specified in subsection 
     (c).
       ``(c) Criteria for Designation Described.--The criteria 
     specified in this subsection with respect to an institution 
     of higher education are that the institution has, as of the 
     date of the submission of a request under subsection (a) by 
     such institution--
       ``(1) physical and technical capacity for research and 
     development of continuous manufacturing;
       ``(2) manufacturing knowledge-sharing networks with other 
     institutions of higher education, large and small 
     pharmaceutical manufacturers, generic and nonprescription 
     manufacturers, contract manufacturers, and other entities;
       ``(3) proven capacity to design and demonstrate new, highly 
     effective technology for use in continuous manufacturing;
       ``(4) a track record for creating and transferring 
     knowledge with respect to continuous manufacturing;
       ``(5) the potential to train a future workforce for 
     research on and implementation of advanced manufacturing and 
     continuous manufacturing; and
       ``(6) experience in participating in and leading a 
     continuous manufacturing technology partnership with other 
     institutions of higher education, large and small 
     pharmaceutical manufacturers (including generic and 
     nonprescription drug manufacturers), contract manufacturers, 
     and other entities--
       ``(A) to support companies with continuous manufacturing in 
     the United States;
       ``(B) to support Federal agencies with technical 
     assistance, which may include regulatory and quality metric 
     guidance as applicable, for advanced manufacturing and 
     continuous manufacturing;
       ``(C) with respect to continuous manufacturing, to organize 
     and conduct research and development activities needed to 
     create new and more effective technology, capture and 
     disseminate expertise, create intellectual property, and 
     maintain technological leadership;
       ``(D) to develop best practices for designing continuous 
     manufacturing; and
       ``(E) to assess and respond to the workforce needs for 
     continuous manufacturing, including the development of 
     training programs if needed.
       ``(d) Termination of Designation.--The Secretary may 
     terminate the designation of any National Center of 
     Excellence designated under this section if the Secretary 
     determines such National Center of Excellence no longer meets 
     the criteria specified in subsection (c). Not later than 60 
     days before the effective date of such a termination, the 
     Secretary shall provide written notice to the National Center 
     of Excellence, including the rationale for such termination.
       ``(e) Conditions for Designation.--As a condition of 
     designation as a National Center of Excellence under this 
     section, the Secretary shall require that an institution of 
     higher education enter into an agreement with the Secretary 
     under which the institution agrees--
       ``(1) to collaborate directly with the Food and Drug 
     Administration to publish the reports required by subsection 
     (g);
       ``(2) to share data with the Food and Drug Administration 
     regarding best practices and research generated through the 
     funding under subsection (f);
       ``(3) to develop, along with industry partners (which may 
     include large and small biopharmaceutical manufacturers, 
     generic and nonprescription manufacturers, and contract 
     manufacturers) and another institution or institutions 
     designated under this section, if any, a roadmap for 
     developing a continuous manufacturing workforce;
       ``(4) to develop, along with industry partners and other 
     institutions designated under this section, a roadmap for 
     strengthening existing, and developing new, relationships 
     with other institutions; and
       ``(5) to provide an annual report to the Food and Drug 
     Administration regarding the institution's activities under 
     this section, including a description of how the institution 
     continues to meet and make progress on the criteria listed in 
     subsection (c).
       ``(f) Funding.--
       ``(1) In general.--The Secretary shall award funding, 
     through grants, contracts, or cooperative agreements, to the 
     National Centers of Excellence designated under this section 
     for the purpose of studying and recommending improvements to 
     continuous manufacturing, including such improvements as may 
     enable the Centers--
       ``(A) to continue to meet the conditions specified in 
     subsection (e); and
       ``(B) to expand capacity for research on, and development 
     of, continuing manufacturing.
       ``(2) Consistency with fda mission.--As a condition on 
     receipt of funding under this subsection, a National Center 
     of Excellence shall agree to consider any input from the 
     Secretary regarding the use of funding that would--
       ``(A) help to further the advancement of continuous 
     manufacturing through the National Center of Excellence; and
       ``(B) be relevant to the mission of the Food and Drug 
     Administration.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $100,000,000, 
     to remain available until expended.
       ``(4) Rule of construction.--Nothing in this section shall 
     be construed as precluding a National Center for Excellence 
     designated under this section from receiving funds under any 
     other provision of this Act or any other Federal law.
       ``(g) Annual Review and Reports.--
       ``(1) Annual report.--Beginning not later than 1 year after 
     the date on which the first designation is made under 
     subsection (a), and annually thereafter, the Secretary 
     shall--
       ``(A) submit to Congress a report describing the 
     activities, partnerships and collaborations, Federal policy 
     recommendations, previous and continuing funding, and 
     findings of, and any other applicable information from, the 
     National Centers of Excellence designated under this section; 
     and
       ``(B) make such report available to the public in an easily 
     accessible electronic format on the website of the Food and 
     Drug Administration.
       ``(2) Review of national centers of excellence and 
     potential designees.--The Secretary shall periodically review 
     the National Centers of Excellence designated under this 
     section to ensure that such National Centers of Excellence 
     continue to meet the criteria for designation under this 
     section.
       ``(3) Report on long-term vision of fda role.--Not later 
     than 2 years after the date on which the first designation is 
     made under subsection (a), the Secretary, in consultation 
     with the National Centers of Excellence designated under this 
     section, shall submit a report to the Congress on the long-
     term vision of the Department of Health and Human Services on 
     the role of the Food and Drug Administration in supporting 
     continuous manufacturing, including--
       ``(A) a national framework of principles related to the 
     implementation and regulation of continuous manufacturing;
       ``(B) a plan for the development of Federal regulations and 
     guidance for how advanced manufacturing and continuous 
     manufacturing can be incorporated into the development of 
     pharmaceuticals and regulatory responsibilities of the Food 
     and Drug Administration; and
       ``(C) appropriate feedback solicited from the public, which 
     may include other institutions, large and small 
     biopharmaceutical manufacturers, generic and nonprescription 
     manufacturers, and contract manufacturers.
       ``(h) Definitions.--In this section:
       ``(1) Advanced manufacturing.--The term `advanced 
     manufacturing' means an approach for the manufacturing of 
     pharmaceuticals that incorporates novel technology, or uses 
     an established technique or technology in a new or innovative 
     way (such as continuous manufacturing where the input 
     materials are continuously transformed within the process by 
     two or more unit operations) that enhances drug quality or 
     improves the manufacturing process.
       ``(2) Continuous manufacturing.--The term `continuous 
     manufacturing'--
       ``(A) means a process where the input materials are 
     continuously fed into and transformed within the process, and 
     the processed output materials are continuously removed from 
     the system; and
       ``(B) consists of an integrated process that consists of a 
     series of two or more unit operations.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services, acting through the Commissioner 
     of Food and Drugs.''.
       (b) Transition Rule.--Section 3016 of the 21st Century 
     Cures Act (21 U.S.C. 399h), as in effect on the day before 
     the date of the enactment of this section, shall apply with 
     respect to grants awarded under such section before such date 
     of enactment.

     SEC. 30520. VACCINE MANUFACTURING AND ADMINISTRATION 
                   CAPACITY.

       (a) Enhancing Manufacturing Capacity.--
       (1) In general.--The Secretary, acting through the Director 
     of the Biomedical Advanced Research and Development 
     Authority, shall, as appropriate, award contracts, grants, 
     and cooperative agreements, and enter into other 
     transactions, to expand and enhance manufacturing capacity of 
     vaccines and vaccine candidates to prevent the spread of 
     SARS-CoV-2 and COVID-19.
       (2) Authorization of appropriations.--To carry out this 
     subsection, there are authorized to be appropriated such sums 
     as may be necessary for fiscal years 2020 through 2024, to 
     remain available until expended.
       (b) Report on Vaccine Manufacturing and Administration 
     Capacity.--
       (1) In general.--Not later than December 31, 2020, the 
     Secretary shall 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 
     detailing--

[[Page H2092]]

       (A) an assessment of the estimated supply of vaccines and 
     ancillary medical products related to vaccine administration 
     necessary to control and stop the spread of SARS-CoV-2 and 
     COVID-19, domestically and internationally;
       (B) an assessment of current and future domestic 
     manufacturing capacity for vaccines or vaccine candidates to 
     control or stop the spread of SARS-CoV-2 and COVID-19, 
     vaccine candidates, and ancillary products related to the 
     administration of such vaccines, including identification of 
     any gaps in manufacturing capacity;
       (C) activities conducted to expand and enhance 
     manufacturing capacity for vaccines, vaccine candidates, and 
     ancillary medical products to levels sufficient to control 
     and stop the spread of SARS-CoV-2 and COVID-19, domestically 
     and internationally, including a list and explanation of all 
     contracts, grants, and cooperative agreements awarded, and 
     other transactions entered into, for purposes of such 
     expansion and enhancement and how such activities will help 
     to meet future domestic manufacturing capacity needs;
       (D) a plan for the ongoing support of enhanced 
     manufacturing capacity for vaccines, vaccine candidates, and 
     ancillary medical products sufficient to control and stop the 
     spread of SARS-CoV-2 and COVID-19, domestically and 
     internationally; and
       (E) a plan to support the administration of vaccines 
     approved or authorized by the Food and Drug Administration to 
     control and stop the spread of SARS-CoV-2 and COVID-19, 
     domestically and internationally, including Federal workforce 
     enhancements necessary to administer such vaccines.
       (2) Ancillary medical products.--For purposes of this 
     subsection, ``ancillary medical products'' includes--
       (A) vials;
       (B) bandages;
       (C) alcohol swabs;
       (D) syringes;
       (E) needles;
       (F) gloves and other personal protective equipment; and
       (G) other medical products the Secretary determines 
     necessary for the administration of vaccines.

         Subtitle B--Strategic National Stockpile Improvements

     SEC. 30531. EQUIPMENT MAINTENANCE.

       Section 319F-2 of the Public Health Service Act (42 U.S.C. 
     247d-6b) is amended--
       (1) in subsection (a)(3)--
       (A) in subparagraph (I), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (J), by striking the period at the end 
     and inserting a semicolon; and
       (C) by inserting the following new subparagraph at the end:
       ``(K) ensure the contents of the stockpile remain in good 
     working order and, as appropriate, conduct maintenance 
     services on such contents; and''; and
       (2) in subsection (c)(7)(B), by adding at the end the 
     following new clause:
       ``(ix) Equipment maintenance service.--In carrying out this 
     section, the Secretary may enter into contracts for the 
     procurement of equipment maintenance services.''.

     SEC. 30532. SUPPLY CHAIN FLEXIBILITY MANUFACTURING PILOT.

       (a) In General.--Section 319F-2(a)(3) of the Public Health 
     Service Act (42 U.S.C. 247d-6b(a)(3)), as amended by section 
     30531, is further amended by adding at the end the following 
     new subparagraph:
       ``(L) enhance medical supply chain elasticity and establish 
     and maintain domestic reserves of critical medical supplies 
     (including personal protective equipment, ancillary medical 
     supplies, and other applicable supplies required for the 
     administration of drugs, vaccines and other biological 
     products, and other medical devices (including diagnostic 
     tests)) by--
       ``(i) increasing emergency stock of critical medical 
     supplies;
       ``(ii) geographically diversifying production of such 
     medical supplies;
       ``(iii) purchasing, leasing, or entering into joint 
     ventures with respect to facilities and equipment for the 
     production of such medical supplies; and
       ``(iv) working with distributors of such medical supplies 
     to manage the domestic reserves established under this 
     subparagraph by refreshing and replenishing stock of such 
     medical supplies.''.
       (b) Reporting; Sunset.--Section 319F-2(a) of the Public 
     Health Service Act (42 U.S.C. 247d-6b(a)) is amended by 
     adding at the end the following:
       ``(6) Reporting.--Not later than September 30, 2022, the 
     Secretary shall 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 details of each purchase, lease, or joint venture 
     entered into under paragraph (3)(L), including the amount 
     expended by the Secretary on each such purchase, lease, or 
     joint venture.
       ``(7) Sunset.--The authority to make purchases, leases, or 
     joint ventures pursuant to paragraph (3)(L) shall cease to be 
     effective on September 30, 2023.''.
       (c) Funding.--Section 319F-2(f) of the Public Health 
     Service Act (42 U.S.C. 247d-6b(f)) is amended by adding at 
     the end the following:
       ``(3) Supply chain elasticity.--
       ``(A) In general.--For the purpose of carrying out 
     subsection (a)(3)(L), there is authorized to be appropriated 
     $500,000,000 for each of fiscal years 2020 through 2023, to 
     remain available until expended.
       ``(B) Relation to other amounts.--The amount authorized to 
     be appropriated by subparagraph (A) for the purpose of 
     carrying out subsection (a)(3)(L) is in addition to any other 
     amounts available for such purpose.''.

     SEC. 30533. REIMBURSABLE TRANSFERS FROM STRATEGIC NATIONAL 
                   STOCKPILE.

       Section 319F-2(a) of the Public Health Service Act (42 
     U.S.C. 247d-6b(a)), as amended, is further amended by adding 
     at the end the following:
       ``(8) Transfers and reimbursements.--
       ``(A) In general.--Without regard to chapter 5 of title 40, 
     United States Code, the Secretary may transfer to any Federal 
     department or agency, on a reimbursable basis, any drugs, 
     vaccines and other biological products, medical devices, and 
     other supplies in the stockpile if--
       ``(i) the transferred supplies are less than 6 months from 
     expiry;
       ``(ii) the stockpile is able to replenish the supplies, as 
     appropriate; and
       ``(iii) the Secretary decides the transfer is in the best 
     interest of the United States Government.
       ``(B) Use of reimbursement.--Reimbursement derived from the 
     transfer of supplies pursuant to subparagraph (A) may be used 
     by the Secretary, without further appropriation and without 
     fiscal year limitation, to carry out this section.
       ``(C) Report.--Not later than September 30, 2022, the 
     Secretary shall 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 each transfer made under this paragraph and the amount 
     received by the Secretary in exchange for that transfer.
       ``(D) Sunset.--The authority to make transfers under this 
     paragraph shall cease to be effective on September 30, 
     2023.''.

     SEC. 30534. STRATEGIC NATIONAL STOCKPILE ACTION REPORTING.

       (a) In General.--The Assistant Secretary for Preparedness 
     and Response (in this section referred to as the ``Assistant 
     Secretary''), in coordination with the Administrator of the 
     Federal Emergency Management Agency, shall--
       (1) not later than 30 days after the date of enactment of 
     this Act, issue 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 regarding 
     all State, local, Tribal, and territorial requests for 
     supplies from the Strategic National Stockpile related to 
     COVID-19; and
       (2) not less than every 30 days thereafter through the end 
     of the emergency period (as such term is defined in section 
     1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
     5(g)(1)(B))), submit to such committees an updated version of 
     such report.
       (b) Reporting Period.--
       (1) Initial report.--The initial report under subsection 
     (a) shall address all requests described in such subsection 
     made during the period--
       (A) beginning on January 31, 2020; and
       (B) ending on the date that is 30 days before the date of 
     submission of the report.
       (2) Updates.--Each update to the report under subsection 
     (a) shall address all requests described in such subsection 
     made during the period--
       (A) beginning at the end of the previous reporting period 
     under this section; and
       (B) ending on the date that is 30 days before the date of 
     submission of the updated report.
       (c) Contents of Report.--The report under subsection (a) 
     (and updates thereto) shall include--
       (1) the details of each request described in such 
     subsection, including--
       (A) the specific medical countermeasures, including devices 
     such as personal protective equipment, and other materials 
     requested; and
       (B) the amount of such materials requested; and
       (2) the outcomes of each request described in subsection 
     (a), including--
       (A) whether the request was wholly fulfilled, partially 
     fulfilled, or denied;
       (B) if the request was wholly or partially fulfilled, the 
     fulfillment amount; and
       (C) if the request was partially fulfilled or denied, a 
     rationale for such outcome.

     SEC. 30535. IMPROVED, TRANSPARENT PROCESSES FOR THE STRATEGIC 
                   NATIONAL STOCKPILE.

       (a) In General.--Not later than January 1, 2021, the 
     Secretary, in collaboration with the Assistant Secretary for 
     Preparedness and Response and the Director of the Centers for 
     Disease Control and Prevention, shall develop and implement 
     improved, transparent processes for the use and distribution 
     of drugs, vaccines and other biological products, medical 
     devices, and other supplies (including personal protective 
     equipment, ancillary medical supplies, and other applicable 
     supplies required for the administration of drugs, vaccines 
     and other biological products, diagnostic tests, and other 
     medical devices ) in the Strategic National Stockpile under 
     section 319F-2 of the Public Health Service Act (42 U.S.C. 
     247d-6b) (in this section referred to as the ``Stockpile'').
       (b) Processes.--The processes developed under subsection 
     (a) shall include--
       (1) the form and manner in which States, localities, 
     Tribes, and territories are required to submit requests for 
     supplies from the Stockpile;
       (2) the criteria used by the Secretary in responding to 
     such requests, including the reasons for fulfilling or 
     denying such requests;
       (3) what circumstances result in prioritization of 
     distribution of supplies from the Stockpile to States, 
     localities, Tribes, or territories;
       (4) clear plans for future, urgent communication between 
     the Secretary and States, localities, Tribes, and territories 
     regarding the outcome of such requests; and
       (5) any differences in the processes developed under 
     subsection (a) for geographically related emergencies, such 
     as weather events, and national emergencies, such as 
     pandemics.

[[Page H2093]]

       (c) Report to Congress.--Not later than January 1, 2021, 
     the Secretary shall--
       (1) submit a report to the Committee Energy and Commerce of 
     the House of Representatives and the Committee on Health, 
     Education, Labor and Pensions of the Senate regarding the 
     improved, transparent processes developed under this section; 
     and
       (2) include in such report recommendations for 
     opportunities for communication (by telebriefing, phone 
     calls, or in-person meetings) between the Secretary and 
     States, localities, Tribes, and territories regarding such 
     improved, transparent processes.

     SEC. 30536. GAO STUDY ON THE FEASIBILITY AND BENEFITS OF A 
                   STRATEGIC NATIONAL STOCKPILE USER FEE 
                   AGREEMENT.

       (a) In General.-- The Comptroller General of the United 
     States shall conduct a study to investigate the feasibility 
     of establishing user fees to offset certain Federal costs 
     attributable to the procurement of single-source materials 
     for the Strategic National Stockpile under section 319F-2 of 
     the Public Health Service Act (42 U.S.C. 247d-6b) and 
     distributions of such materials from the Stockpile. In 
     conducting this study, the Comptroller General shall 
     consider, to the extent information is available--
       (1) whether entities receiving such distributions generate 
     profits from those distributions;
       (2) any Federal costs attributable to such distributions;
       (3) whether such user fees would provide the Secretary with 
     funding to potentially offset procurement costs of such 
     materials for the Strategic National Stockpile; and
       (4) any other issues the Comptroller General identifies as 
     relevant.
       (b) Report.--Not later than February 1, 2023, the 
     Comptroller General of the United States shall submit to the 
     Congress a report on the findings and conclusions of the 
     study under subsection (a).

      Subtitle C--Testing and Testing Infrastructure Improvements

     SEC. 30541. COVID-19 TESTING STRATEGY.

       (a) Strategy.--Not later than June 15, 2020, the Secretary 
     shall update the COVID-19 strategic testing plan under the 
     heading ``Department of Health and Human Services--Office of 
     the Secretary--Public Health and Social Service Emergency 
     Fund'' in title I of division B of the Paycheck Protection 
     Program and Health Care Enhancement Act (Public Law 116-139, 
     134 Stat. 620, 626-627) and submit to the appropriate 
     congressional committees such updated national plan 
     identifying--
       (1) what level of, types of, and approaches to testing 
     (including predicted numbers of tests, populations to be 
     tested, and frequency of testing and the appropriate setting 
     whether a health care setting (such as hospital-based, high-
     complexity laboratory, point-of-care, mobile testing units, 
     pharmacies or community health centers) or non-health care 
     setting (such as workplaces, schools, or child care centers)) 
     are necessary--
       (A) to sufficiently monitor and contribute to the control 
     of the transmission of SARS-CoV-2 in the United States;
       (B) to ensure that any reduction in social distancing 
     efforts, when determined appropriate by public health 
     officials, can be undertaken in a manner that optimizes the 
     health and safety of the people of the United States, and 
     reduces disparities (including disparities related to race, 
     ethnicity, sex, age, disability status, socioeconomic status, 
     and geographic location) in the prevalence of, incidence of, 
     and health outcomes with respect to, COVID-19; and
       (C) to provide for ongoing surveillance sufficient to 
     support contact tracing, case identification, quarantine, and 
     isolation to prevent future outbreaks of COVID-19;
       (2) specific plans and benchmarks, each with clear 
     timelines, to ensure--
       (A) such level of, types of, and approaches to testing as 
     are described in paragraph (1), with respect to optimizing 
     health and safety;
       (B) sufficient availability of all necessary testing 
     materials and supplies, including extraction and testing 
     kits, reagents, transport media, swabs, instruments, analysis 
     equipment, personal protective equipment if necessary for 
     testing (including point-of-care testing), and other 
     equipment;
       (C) allocation of testing materials and supplies in a 
     manner that optimizes public health, including by considering 
     the variable impact of SARS-CoV-2 on specific States, 
     territories, Indian Tribes, Tribal organizations, urban 
     Indian organizations, communities, industries, and 
     professions;
       (D) sufficient evidence of validation for tests that are 
     deployed as a part of such strategy;
       (E) sufficient laboratory and analytical capacity, 
     including target turnaround time for test results;
       (F) sufficient personnel, including personnel to collect 
     testing samples, conduct and analyze results, and conduct 
     testing follow-up, including contact tracing, as appropriate; 
     and
       (G) enforcement of the Families First Coronavirus Response 
     Act (Public Law 116-127) to ensure patients who are tested 
     are not subject to cost sharing;
       (3) specific plans to ensure adequate testing in rural 
     areas, frontier areas, health professional shortage areas, 
     and medically underserved areas (as defined in section 
     330I(a) of the Public Health Service Act (42 U.S.C. 254c-
     14(a))), and for underserved populations, Native Americans 
     (including Indian Tribes, Tribal organizations, and urban 
     Indian organizations), and populations at increased risk 
     related to COVID-19;
       (4) specific plans to ensure accessibility of testing to 
     people with disabilities, older individuals, and individuals 
     with underlying health conditions or weakened immune systems; 
     and
       (5) specific plans for broadly developing and implementing 
     testing for potential immunity in the United States, as 
     appropriate, in a manner sufficient--
       (A) to monitor and contribute to the control of SARS-CoV-2 
     in the United States;
       (B) to ensure that any reduction in social distancing 
     efforts, when determined appropriate by public health 
     officials, can be undertaken in a manner that optimizes the 
     health and safety of the people of the United States; and
       (C) to reduce disparities (including disparities related to 
     race, ethnicity, sex, age, disability status, socioeconomic 
     status, and geographic location) in the prevalence of, 
     incidence of, and health outcomes with respect to, COVID-19.
       (b) Coordination.--The Secretary shall carry out this 
     section--
       (1) in coordination with the Administrator of the Federal 
     Emergency Management Agency;
       (2) in collaboration with other agencies and departments, 
     as appropriate; and
       (3) taking into consideration the State plans for COVID-19 
     testing prepared as required under the heading ``Department 
     of Health and Human Services--Office of the Secretary--Public 
     Health and Social Service Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139; 134 Stat. 620, 624).
       (c) Updates.--
       (1) Frequency.--The updated national plan under subsection 
     (a) shall be updated every 30 days until the end of the 
     public health emergency first declared by 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.
       (2) Relation to other law.--Paragraph (1) applies in lieu 
     of the requirement (for updates every 90 days until funds are 
     expended) in the second to last proviso under the heading 
     ``Department of Health and Human Services--Office of the 
     Secretary--Public Health and Social Service Emergency Fund'' 
     in title I of division B of the Paycheck Protection Program 
     and Health Care Enhancement Act (Public Law 116-139; 134 
     Stat. 620, 627).
       (d) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Appropriations and the Committee on 
     Energy and Commerce of the House of Representatives; and
       (2) the Committee on Appropriations and the Committee on 
     Health, Education, Labor and Pensions and of the Senate.

     SEC. 30542. CENTRALIZED TESTING INFORMATION WEBSITE.

       The Secretary shall establish and maintain a public, 
     searchable webpage, to be updated and corrected as necessary 
     through a process established by the Secretary, on the 
     website of the Department of Health and Human Services that--
       (1) identifies all in vitro diagnostic and serological 
     tests used in the United States to analyze clinical specimens 
     for detection of SARS-CoV-2 or antibodies specific to SARS-
     CoV-2, including--
       (A) those tests--
       (i) that are 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);
       (ii) that have been validated by the test's developers for 
     use on clinical specimens and for which the developer has 
     notified the Food and Drug Administration of the developer's 
     intent to market the test consistent with applicable guidance 
     issued by the Secretary; or
       (iii) that have been developed and authorized by a State 
     that has notified the Secretary of the State's intention to 
     review tests intended to diagnose COVID-19; and
       (B) other SARS-CoV-2-related tests that the Secretary 
     determines appropriate in guidance, which may include tests 
     related to the monitoring of COVID-19 patient status;
       (2) provides relevant information, as determined by the 
     Secretary, on each test identified pursuant to paragraph (1), 
     which may include--
       (A) the name and contact information of the developer of 
     the test;
       (B) the date of receipt of notification by the Food and 
     Drug Administration of the developer's intent to market the 
     test;
       (C) the date of authorization for use of the test on 
     clinical specimens, where applicable;
       (D) the letter of authorization for use of the test on 
     clinical specimens, where applicable;
       (E) any fact sheets, manufacturer instructions, and package 
     inserts for the test, including information on intended use;
       (F) sensitivity and specificity of the test; and
       (G) in the case of tests distributed by commercial 
     manufacturers, the number of tests distributed and, if 
     available, the number of laboratories in the United States 
     with the required platforms installed to perform the test; 
     and
       (3) includes--
       (A) a list of laboratories certified under section 353 of 
     the Public Health Service Act (42 U.S.C. 263a; commonly 
     referred to as ``CLIA'') that--
       (i) meet the regulatory requirements under such section to 
     perform high- or moderate-complexity testing; and
       (ii) are authorized to perform SARS-CoV-2 diagnostic or 
     serological tests on clinical specimens; and
       (B) information on each laboratory identified pursuant to 
     subparagraph (A), including--
       (i) the name and address of the laboratory;
       (ii) the CLIA certificate number;
       (iii) the laboratory type;
       (iv) the certificate type; and
       (v) the complexity level.

     SEC. 30543. MANUFACTURER REPORTING OF TEST DISTRIBUTION.

       (a) In General.--A commercial manufacturer of an in vitro 
     diagnostic or serological COVID-

[[Page H2094]]

     19 test shall, on a weekly basis, submit a notification to 
     the Secretary regarding distribution of each such test, which 
     notification--
       (1) shall include the number of tests distributed and the 
     entities to which the tests are distributed; and
       (2) may include the quantity of such tests distributed by 
     the manufacturer.
       (b) 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.
       (c) Failure to Meet Requirements.--If a manufacturer fails 
     to submit a notification as required under subsection (a), 
     the following applies:
       (1) The Secretary shall issue a letter to such manufacturer 
     informing such manufacturer of such failure.
       (2) Not later than 7 calendar days after the issuance of a 
     letter under paragraph (1), the manufacturer to whom such 
     letter is issued shall submit to the Secretary a written 
     response to such letter--
       (A) setting forth the basis for noncompliance; and
       (B) providing information as required under subsection (a).
       (3) Not later than 14 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 (b). The 
     preceding sentence shall not apply if the Secretary 
     determines that--
       (A) the letter under paragraph (1) was issued in error; or
       (B) after review of such response, the manufacturer had a 
     reasonable basis for not notifying as required under 
     subsection (a).

     SEC. 30544. STATE TESTING REPORT.

       For any State that authorizes (or intends to authorize) one 
     or more laboratories in the State to develop and perform in 
     vitro diagnostic COVID-19 tests, the head of the department 
     or agency of such State with primary responsibility for 
     health shall--
       (1) notify the Secretary of such authorization (or 
     intention to authorize); and
       (2) provide the Secretary with a weekly report--
       (A) identifying all laboratories authorized (or intended to 
     be authorized) by the State to develop and perform in vitro 
     diagnostic COVID-19 tests;
       (B) including relevant information on all laboratories 
     identified pursuant to subparagraph (A), which may include 
     information on laboratory testing capacity;
       (C) identifying all in vitro diagnostic COVID-19 tests 
     developed and approved for clinical use in laboratories 
     identified pursuant to subparagraph (A); and
       (D) including relevant information on all tests identified 
     pursuant to subparagraph (C), which may include--
       (i) the name and contact information of the developer of 
     any such test;
       (ii) any fact sheets, manufacturer instructions, and 
     package inserts for any such test, including information on 
     intended use; and
       (iii) the sensitivity and specificity of any such test.

     SEC. 30545. STATE LISTING OF TESTING SITES.

       Not later than 14 days after the date of enactment of this 
     Act, any State receiving funding or assistance under this 
     Act, as a condition on such receipt, shall establish and 
     maintain a public, searchable webpage on the official website 
     of the State that--
       (1) identifies all sites located in the State that provide 
     diagnostic or serological testing for SARS-CoV-2; and
       (2) provides appropriate contact information for SARS-CoV-2 
     testing sites pursuant to paragraph (1).

     SEC. 30546. REPORTING OF COVID-19 TESTING RESULTS.

       (a) In General.--Every laboratory that performs or analyzes 
     a test that is intended to detect SARS-CoV-2 or to diagnose a 
     possible case of COVID-19 shall report daily the number of 
     tests performed and the results from each such test to the 
     Secretary of Health and Human Services and to the Secretary 
     of Homeland Security, in such form and manner as such 
     Secretaries may prescribe. Such information shall be made 
     available to the public in a searchable, electronic format as 
     soon as is practicable, and in no case later than one week 
     after such information is received.
       (b) Additional Reporting Requirements.--The Secretaries 
     specified in subsection (a)--
       (1) may specify additional reporting requirements under 
     this section by regulation, including by interim final rule, 
     or by guidance; and
       (2) may issue such regulations or guidance without regard 
     to the procedures otherwise required by section 553 of title 
     5, United States Code.

     SEC. 30547. GAO REPORT ON DIAGNOSTIC TESTS.

       (a) GAO Study.--Not later than 18 months after the date of 
     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 Health, 
     Education, Labor and Pensions of the Senate a report 
     describing the response of entities described in subsection 
     (b) to the COVID-19 pandemic with respect to the development, 
     regulatory evaluation, and deployment of diagnostic tests.
       (b) Entities Described.--Entities described in this 
     subsection include--
       (1) laboratories, including public health, academic, 
     clinical, and commercial laboratories;
       (2) diagnostic test manufacturers;
       (3) State, local, Tribal, and territorial governments; and
       (4) the Food and Drug Administration, the Centers for 
     Disease Control and Prevention, the Centers for Medicare & 
     Medicaid Services, the National Institutes of Health, and 
     other relevant Federal agencies, as appropriate.
       (c) Contents.--The report under subsection (a) shall 
     include--
       (1) a description of actions taken by entities described in 
     subsection (b) to develop, evaluate, and deploy diagnostic 
     tests;
       (2) an assessment of the coordination of Federal agencies 
     in the development, regulatory evaluation, and deployment of 
     diagnostic tests;
       (3) an assessment of the standards used by the Food and 
     Drug Administration to evaluate diagnostic tests;
       (4) an assessment of the clarity of Federal agency guidance 
     related to testing, including the ability for individuals 
     without medical training to understand which diagnostic tests 
     had been evaluated by the Food and Drug Administration;
       (5) a description of--
       (A) actions taken and clinical processes employed by States 
     and territories that have authorized laboratories to develop 
     and perform diagnostic tests not authorized, approved, or 
     cleared by the Food and Drug Administration, including 
     actions of such States and territories to evaluate the 
     accuracy and sensitivity of such tests; and
       (B) the standards used by States and territories when 
     deciding when to authorize laboratories to develop or perform 
     diagnostic tests;
       (6) an assessment of the steps taken by laboratories and 
     diagnostic test manufacturers to validate diagnostic tests, 
     as well as the evidence collected by such entities to support 
     validation; and
       (7) based on available reports, an assessment of the 
     accuracy and sensitivity of a representative sample of 
     available diagnostic tests.
       (d) Definition.--In this section, the term ``diagnostic 
     test'' means an in vitro diagnostic product (as defined in 
     section 809.3(a) of title 21, Code of Federal Regulations) 
     for--
       (1) the detection of SARS-CoV-2;
       (2) the diagnosis of the virus that causes COVID-19; or
       (3) the detection of antibodies specific to SARS-CoV-2, 
     such as a serological test.

     SEC. 30548. PUBLIC HEALTH DATA SYSTEM TRANSFORMATION.

       Subtitle C of title XXVIII of the Public Health Service Act 
     (42 U.S.C. 300hh-31 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 2822. PUBLIC HEALTH DATA SYSTEM TRANSFORMATION.

       ``(a) Expanding CDC and Public Health Department 
     Capabilities.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall--
       ``(A) conduct activities to expand, enhance, and improve 
     applicable public health data systems used by the Centers for 
     Disease Control and Prevention, related to the 
     interoperability and improvement of such systems (including 
     as it relates to preparedness for, prevention and detection 
     of, and response to public health emergencies); and
       ``(B) award grants or cooperative agreements to State, 
     local, Tribal, or territorial public health departments for 
     the expansion and modernization of public health data 
     systems, to assist public health departments in--
       ``(i) assessing current data infrastructure capabilities 
     and gaps to improve and increase consistency in data 
     collection, storage, and analysis and, as appropriate, to 
     improve dissemination of public health-related information;
       ``(ii) improving secure public health data collection, 
     transmission, exchange, maintenance, and analysis;
       ``(iii) improving the secure exchange of data between the 
     Centers for Disease Control and Prevention, State, local, 
     Tribal, and territorial public health departments, public 
     health organizations, and health care providers, including by 
     public health officials in multiple jurisdictions within such 
     State, as appropriate, and by simplifying and supporting 
     reporting by health care providers, as applicable, pursuant 
     to State law, including through the use of health information 
     technology;
       ``(iv) enhancing the interoperability of public health data 
     systems (including systems created or accessed by public 
     health departments) with health information technology, 
     including with health information technology certified under 
     section 3001(c)(5);
       ``(v) supporting and training data systems, data science, 
     and informatics personnel;
       ``(vi) supporting earlier disease and health condition 
     detection, such as through near real-time data monitoring, to 
     support rapid public health responses;
       ``(vii) supporting activities within the applicable 
     jurisdiction related to the expansion and modernization of 
     electronic case reporting; and
       ``(viii) developing and disseminating information related 
     to the use and importance of public health data.
       ``(2) Data standards.--In carrying out paragraph (1), the 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention, shall, as appropriate and in 
     consultation with the Office of the National Coordinator for 
     Health Information Technology, designate data and technology 
     standards (including standards for interoperability) for 
     public health data systems, with deference given to standards 
     published by consensus-based standards development 
     organizations with public input and voluntary consensus-based 
     standards bodies.
       ``(3) Public-private partnerships.--The Secretary may 
     develop and utilize public-private partnerships for technical 
     assistance, training,

[[Page H2095]]

     and related implementation support for State, local, Tribal, 
     and territorial public health departments, and the Centers 
     for Disease Control and Prevention, on the expansion and 
     modernization of electronic case reporting and public health 
     data systems, as applicable.
       ``(b) Requirements.--
       ``(1) Health information technology standards.--The 
     Secretary may not award a grant or cooperative agreement 
     under subsection (a)(1)(B) unless the applicant uses or 
     agrees to use standards endorsed by the National Coordinator 
     for Health Information Technology pursuant to section 
     3001(c)(1) or adopted by the Secretary under section 3004.
       ``(2) Waiver.--The Secretary may waive the requirement 
     under paragraph (1) with respect to an applicant if the 
     Secretary determines that the activities under subsection 
     (a)(1)(B) cannot otherwise be carried out within the 
     applicable jurisdiction.
       ``(3) Application.--A State, local, Tribal, or territorial 
     health department applying for a grant or cooperative 
     agreement under this section shall submit an application to 
     the Secretary at such time and in such manner as the 
     Secretary may require. Such application shall include 
     information describing--
       ``(A) the activities that will be supported by the grant or 
     cooperative agreement; and
       ``(B) how the modernization of the public health data 
     systems involved will support or impact the public health 
     infrastructure of the health department, including a 
     description of remaining gaps, if any, and the actions needed 
     to address such gaps.
       ``(c) Strategy and Implementation Plan.--Not later than 180 
     days after the date of enactment of this section, the 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention, shall submit to the Committee 
     on Health, Education, Labor and Pensions of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a coordinated strategy and an accompanying 
     implementation plan that identifies and demonstrates the 
     measures the Secretary will utilize to--
       ``(1) update and improve applicable public health data 
     systems used by the Centers for Disease Control and 
     Prevention; and
       ``(2) carry out the activities described in this section to 
     support the improvement of State, local, Tribal, and 
     territorial public health data systems.
       ``(d) Consultation.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall consult with State, local, Tribal, and territorial 
     health departments, professional medical and public health 
     associations, associations representing hospitals or other 
     health care entities, health information technology experts, 
     and other appropriate public or private entities regarding 
     the plan and grant program to modernize public health data 
     systems pursuant to this section. Activities under this 
     subsection may include the provision of technical assistance 
     and training related to the exchange of information by such 
     public health data systems used by relevant health care and 
     public health entities at the local, State, Federal, Tribal, 
     and territorial levels, and the development and utilization 
     of public-private partnerships for implementation support 
     applicable to this section.
       ``(e) Report to Congress.--Not later than 1 year after the 
     date of enactment of this section, the Secretary shall submit 
     a report to the Committee on Health, Education, Labor and 
     Pensions of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives that includes--
       ``(1) a description of any barriers to--
       ``(A) public health authorities implementing interoperable 
     public health data systems and electronic case reporting;
       ``(B) the exchange of information pursuant to electronic 
     case reporting; or
       ``(C) reporting by health care providers using such public 
     health data systems, as appropriate, and pursuant to State 
     law;
       ``(2) an assessment of the potential public health impact 
     of implementing electronic case reporting and interoperable 
     public health data systems; and
       ``(3) a description of the activities carried out pursuant 
     to this section.
       ``(f) Electronic Case Reporting.--In this section, the term 
     `electronic case reporting' means the automated 
     identification, generation, and bilateral exchange of reports 
     of health events among electronic health record or health 
     information technology systems and public health authorities.
       ``(g) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated $450,000,000 
     to remain available until expended.''.

     SEC. 30549. PILOT PROGRAM TO IMPROVE LABORATORY 
                   INFRASTRUCTURE.

       (a) In General.--The Secretary shall award grants to States 
     and political subdivisions of States to support the 
     improvement, renovation, or modernization of infrastructure 
     at clinical laboratories (as defined in section 353 of the 
     Public Health Service Act (42 U.S.C. 263a)) that will help to 
     improve SARS-CoV-2 and COVID-19 testing and response 
     activities, including the expansion and enhancement of 
     testing capacity at such laboratories.
       (b) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated 
     $1,000,000,000 to remain available until expended.

     SEC. 30550. CORE PUBLIC HEALTH INFRASTRUCTURE FOR STATE, 
                   LOCAL, TRIBAL, AND TERRITORIAL HEALTH 
                   DEPARTMENTS.

       (a) Program.--The Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention, shall 
     establish a core public health infrastructure program 
     consisting of awarding grants under subsection (b).
       (b) Grants.--
       (1) Award.--For the purpose of addressing core public 
     health infrastructure needs, the Secretary--
       (A) shall award a grant to each State health department; 
     and
       (B) may award grants on a competitive basis to State, 
     local, Tribal, or territorial health departments.
       (2) Allocation.--Of the total amount of funds awarded as 
     grants under this subsection for a fiscal year--
       (A) not less than 50 percent shall be for grants to State 
     health departments under paragraph (1)(A); and
       (B) not less than 30 percent shall be for grants to State, 
     local, Tribal, or territorial health departments under 
     paragraph (1)(B).
       (c) Use of Funds.--A State, local, Tribal, or territorial 
     health department receiving a grant under subsection (b) 
     shall use the grant funds to address core public health 
     infrastructure needs, including those identified in the 
     accreditation process under subsection (g).
       (d) Formula Grants to State Health Departments.--In making 
     grants under subsection (b)(1)(A), the Secretary shall award 
     funds to each State health department in accordance with--
       (1) a formula based on population size; burden of 
     preventable disease and disability; and core public health 
     infrastructure gaps, including those identified in the 
     accreditation process under subsection (g); and
       (2) application requirements established by the Secretary, 
     including a requirement that the State health department 
     submit a plan that demonstrates to the satisfaction of the 
     Secretary that the State's health department will--
       (A) address its highest priority core public health 
     infrastructure needs; and
       (B) as appropriate, allocate funds to local health 
     departments within the State.
       (e) Competitive Grants to State, Local, Tribal, and 
     Territorial Health Departments.--In making grants under 
     subsection (b)(1)(B), the Secretary shall give priority to 
     applicants demonstrating core public health infrastructure 
     needs identified in the accreditation process under 
     subsection (g).
       (f) Maintenance of Effort.--The Secretary may award a grant 
     to an entity under subsection (b) only if the entity 
     demonstrates to the satisfaction of the Secretary that--
       (1) funds received through the grant will be expended only 
     to supplement, and not supplant, non-Federal and Federal 
     funds otherwise available to the entity for the purpose of 
     addressing core public health infrastructure needs; and
       (2) with respect to activities for which the grant is 
     awarded, the entity will maintain expenditures of non-Federal 
     amounts for such activities at a level not less than the 
     level of such expenditures maintained by the entity for the 
     fiscal year preceding the fiscal year for which the entity 
     receives the grant.
       (g) Establishment of a Public Health Accreditation 
     Program.--
       (1) In general.--The Secretary shall--
       (A) develop, and periodically review and update, standards 
     for voluntary accreditation of State, local, Tribal, and 
     territorial health departments and public health laboratories 
     for the purpose of advancing the quality and performance of 
     such departments and laboratories; and
       (B) implement a program to accredit such health departments 
     and laboratories in accordance with such standards.
       (2) Cooperative agreement.--The Secretary may enter into a 
     cooperative agreement with a private nonprofit entity to 
     carry out paragraph (1).
       (h) Report.--The Secretary shall submit to the Congress an 
     annual report on progress being made to accredit entities 
     under subsection (g), including--
       (1) a strategy, including goals and objectives, for 
     accrediting entities under subsection (g) and achieving the 
     purpose described in subsection (g)(1)(A);
       (2) identification of gaps in research related to core 
     public health infrastructure; and
       (3) recommendations of priority areas for such research.
       (i) Definition.--In this section, the term ``core public 
     health infrastructure'' includes--
       (1) workforce capacity and competency;
       (2) laboratory systems;
       (3) testing capacity, including test platforms, mobile 
     testing units, and personnel;
       (4) health information, health information systems, and 
     health information analysis;
       (5) disease surveillance;
       (6) contact tracing;
       (7) communications;
       (8) financing;
       (9) other relevant components of organizational capacity; 
     and
       (10) other related activities.
       (j) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated 
     $6,000,000,000, to remain available until expended.

     SEC. 30551. CORE PUBLIC HEALTH INFRASTRUCTURE AND ACTIVITIES 
                   FOR CDC.

       (a) In General.--The Secretary, acting through the Director 
     of the Centers for Disease Control and Prevention, shall 
     expand and improve the core public health infrastructure and 
     activities of the Centers for Disease Control and Prevention 
     to address unmet and emerging public health needs.
       (b) Report.--The Secretary shall submit to the Congress an 
     annual report on the activities funded through this section.
       (c) Definition.--In this section, the term ``core public 
     health infrastructure'' has the meaning given to such term in 
     section 30550.
       (d) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated 
     $1,000,000,000, to remain available until expended.

[[Page H2096]]

  


  Subtitle D--COVID-19 National Testing and Contact Tracing Initiative

     SEC. 30561. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT 
                   TRACING, SURVEILLANCE, CONTAINMENT, AND 
                   MITIGATION.

       (a) In General.--The Secretary, acting through the Director 
     of the Centers for Disease Control and Prevention, and in 
     coordination with State, local, Tribal, and territorial 
     health departments, shall establish and implement a 
     nationwide evidence-based system for--
       (1) testing, contact tracing, surveillance, containment, 
     and mitigation with respect to COVID-19;
       (2) offering guidance on voluntary isolation and quarantine 
     of individuals infected with, or exposed to individuals 
     infected with, the virus that causes COVID-19; and
       (3) public reporting on testing, contact tracing, 
     surveillance, and voluntary isolation and quarantine 
     activities with respect to COVID-19.
       (b) Coordination; Technical Assistance.--In carrying out 
     the national system under this section, the Secretary shall--
       (1) coordinate State, local, Tribal, and territorial 
     activities related to testing, contact tracing, surveillance, 
     containment, and mitigation with respect to COVID-19, as 
     appropriate; and
       (2) provide technical assistance for such activities, as 
     appropriate.
       (c) Consideration.--In establishing and implementing the 
     national system under this section, the Secretary shall take 
     into consideration--
       (1) the State plans referred to in the heading ``Public 
     Health and Social Services Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139); and
       (2) the testing strategy submitted under section 30541.
       (d) Reporting.--The Secretary shall--
       (1) not later than December 31, 2020, submit to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Health, Education, Labor 
     and Pensions a preliminary report on the effectiveness of the 
     activities carried out pursuant to this subtitle; and
       (2) not later than December 21, 2021, submit to such 
     committees a final report on such effectiveness.

     SEC. 30562. GRANTS.

       (a) In General.--To implement the national system under 
     section 30561, the Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention, shall, 
     subject to the availability of appropriations, award grants 
     to State, local, Tribal, and territorial health departments 
     that seek grants under this section to carry out coordinated 
     testing, contact tracing, surveillance, containment, and 
     mitigation with respect to COVID-19, including--
       (1) diagnostic and surveillance testing and reporting;
       (2) community-based contact tracing efforts; and
       (3) policies related to voluntary isolation and quarantine 
     of individuals infected with, or exposed to individuals 
     infected with, the virus that causes COVID-19.
       (b) Flexibility.--The Secretary shall ensure that--
       (1) the grants under subsection (a) provide flexibility for 
     State, local, Tribal, and territorial health departments to 
     modify, establish, or maintain evidence-based systems; and
       (2) local health departments receive funding from State 
     health departments or directly from the Centers for Disease 
     Control and Prevention to contribute to such systems, as 
     appropriate.
       (c) Allocations.--
       (1) Formula.--The Secretary, acting through the Director of 
     the Centers for Disease Control and Prevention, shall 
     allocate amounts made available pursuant to subsection (a) in 
     accordance with a formula to be established by the Secretary 
     that provides a minimum level of funding to each State, 
     local, Tribal, and territorial health department that seeks a 
     grant under this section and allocates additional funding 
     based on the following prioritization:
       (A) The Secretary shall give highest priority to applicants 
     proposing to serve populations in one or more geographic 
     regions with a high burden of COVID-19 based on data provided 
     by the Centers for Disease Control and Prevention, or other 
     sources as determined by the Secretary.
       (B) The Secretary shall give second highest priority to 
     applicants preparing for, or currently working to mitigate, a 
     COVID-19 surge in a geographic region that does not yet have 
     a high number of reported cases of COVID-19 based on data 
     provided by the Centers for Disease Control and Prevention, 
     or other sources as determined by the Secretary.
       (C) The Secretary shall give third highest priority to 
     applicants proposing to serve high numbers of low-income and 
     uninsured populations, including medically underserved 
     populations (as defined in section 330(b)(3) of the Public 
     Health Service Act (42 U.S.C. 254b(b)(3))), health 
     professional shortage areas (as defined under section 332(a) 
     of the Public Health Service Act (42 U.S.C. 254e(a))), racial 
     and ethnic minorities, or geographically diverse areas, as 
     determined by the Secretary.
       (2) Notification.--Not later than the date that is one week 
     before first awarding grants under this section, the 
     Secretary shall 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 
     notification detailing the formula established under 
     paragraph (1) for allocating amounts made available pursuant 
     to subsection (a).
       (d) Use of Funds.--A State, local, Tribal, and territorial 
     health department receiving a grant under this section shall, 
     to the extent possible, use the grant funds for the following 
     activities, or other activities deemed appropriate by the 
     Director of the Centers for Disease Control and Prevention:
       (1) Testing.--To implement a coordinated testing system 
     that--
       (A) leverages or modernizes existing testing infrastructure 
     and capacity;
       (B) is consistent with the updated testing strategy 
     required under section 30541;
       (C) is coordinated with the State plan for COVID-19 testing 
     prepared as required under the heading ``Department of Health 
     and Human Services--Office of the Secretary--Public Health 
     and Social Service Emergency Fund'' in title I of division B 
     of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139; 134 Stat. 620, 624);
       (D) is informed by contact tracing and surveillance 
     activities under this subtitle;
       (E) is informed by guidelines established by the Centers 
     for Disease Control and Prevention for which populations 
     should be tested;
       (F) identifies how diagnostic and serological tests in such 
     system shall be validated prior to use;
       (G) identifies how diagnostic and serological tests and 
     testing supplies will be distributed to implement such 
     system;
       (H) identifies specific strategies for ensuring testing 
     capabilities and accessibility in medically underserved 
     populations (as defined in section 330(b)(3) of the Public 
     Health Service Act (42 U.S.C. 254b(b)(3))), health 
     professional shortage areas (as defined under section 332(a) 
     of the Public Health Service Act (42 U.S.C. 254e(a))), racial 
     and ethnic minority populations, and geographically diverse 
     areas, as determined by the Secretary;
       (I) identifies how testing may be used, and results may be 
     reported, in both health care settings (such as hospitals, 
     laboratories for moderate or high-complexity testing, 
     pharmacies, mobile testing units, and community health 
     centers) and non-health care settings (such as workplaces, 
     schools, childcare centers, or drive-throughs);
       (J) allows for testing in sentinel surveillance programs, 
     as appropriate; and
       (K) supports the procurement and distribution of diagnostic 
     and serological tests and testing supplies to meet the goals 
     of the system.
       (2) Contact tracing.--To implement a coordinated contact 
     tracing system that--
       (A) leverages or modernizes existing contact tracing 
     systems and capabilities, including community health workers, 
     health departments, and Federally qualified health centers;
       (B) is able to investigate cases of COVID-19, and help to 
     identify other potential cases of COVID-19, through tracing 
     contacts of individuals with positive diagnoses;
       (C) establishes culturally competent and multilingual 
     strategies for contact tracing, which may include 
     consultation with and support for cultural or civic 
     organizations with established ties to the community;
       (D) provides individuals identified under the contact 
     tracing program with information and support for containment 
     or mitigation;
       (E) enables State, local, Tribal, and territorial health 
     departments to work with a nongovernmental, community partner 
     or partners and State and local workforce development systems 
     (as defined in section 3(67) of Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102(67))) receiving grants under 
     section 30566(b) of this Act to hire and compensate a 
     locally-sourced contact tracing workforce, if necessary, to 
     supplement the public health workforce, to--
       (i) identify the number of contact tracers needed for the 
     respective State, locality, territorial, or Tribal health 
     department to identify all cases of COVID-19 currently in the 
     jurisdiction and those anticipated to emerge over the next 18 
     months in such jurisdiction;
       (ii) outline qualifications necessary for contact tracers;
       (iii) train the existing and newly hired public health 
     workforce on best practices related to tracing close contacts 
     of individuals diagnosed with COVID-19, including the 
     protection of individual privacy and cybersecurity 
     protection; and
       (iv) equip the public health workforce with tools and 
     resources to enable a rapid response to new cases;
       (F) identifies the level of contact tracing needed within 
     the State, locality, territory, or Tribal area to contain and 
     mitigate the transmission of COVID-19;
       (G) establishes statewide mechanisms to integrate regular 
     evaluation to the Centers for Disease Control and Prevention 
     regarding contact tracing efforts, makes such evaluation 
     publicly available, and to the extent possible provides for 
     such evaluation at the county level; and
       (H) identifies specific strategies for ensuring contact 
     tracing activities in medically underserved populations (as 
     defined in section 330(b)(3) of the Public Health Service Act 
     (42 U.S.C. 254b(b)(3))), health professional shortage areas 
     (as defined under section 332(a) of the Public Health Service 
     Act (42 U.S.C. 254e(a))), racial and ethnic minority 
     populations, and geographically diverse areas, as determined 
     by the Secretary.
       (3) Surveillance.--To strengthen the existing public health 
     surveillance system that--
       (A) leverages or modernizes existing surveillance systems 
     within the respective State, local, Tribal, or territorial 
     health department and national surveillance systems;
       (B) detects and identifies trends in COVID-19 at the county 
     level;
       (C) evaluates State, local, Tribal, and territorial health 
     departments in achieving surveillance capabilities with 
     respect to COVID-19;
       (D) integrates and improves disease surveillance and 
     immunization tracking; and
       (E) identifies specific strategies for ensuring disease 
     surveillance in medically underserved populations (as defined 
     in section 330(b)(3) of

[[Page H2097]]

     the Public Health Service Act (42 U.S.C. 254b(b)(3))), health 
     professional shortage areas (as defined under section 332(a) 
     of the Public Health Service Act (42 U.S.C. 254e(a))), racial 
     and ethnic minority populations, and geographically diverse 
     areas, as determined by the Secretary.
       (4) Containment and mitigation.--To implement a coordinated 
     containment and mitigation system that--
       (A) leverages or modernizes existing containment and 
     mitigation strategies within the respective State, local, 
     Tribal, or territorial governments and national containment 
     and mitigation strategies;
       (B) may provide for, connect to, and leverage existing 
     social services and support for individuals who have been 
     infected with or exposed to COVID-19 and who are isolated or 
     quarantined in their homes, such as through--
       (i) food assistance programs;
       (ii) guidance for household infection control;
       (iii) information and assistance with childcare services; 
     and
       (iv) information and assistance pertaining to support 
     available under the CARES Act (Public Law 116-136) and this 
     Act;
       (C) provides guidance on the establishment of safe, high-
     quality, facilities for the voluntary isolation of 
     individuals infected with, or quarantine of the contacts of 
     individuals exposed to COVID-19, where hospitalization is not 
     required, which facilities should--
       (i) be prohibited from making inquiries relating to the 
     citizenship status of an individual isolated or quarantined; 
     and
       (ii) be operated by a non-Federal, community partner or 
     partners that--

       (I) have previously established relationships in 
     localities;
       (II) work with local places of worship, community centers, 
     medical facilities, and schools to recruit local staff for 
     such facilities; and
       (III) are fully integrated into State, local, Tribal, or 
     territorial containment and mitigation efforts; and

       (D) identifies specific strategies for ensuring containment 
     and mitigation activities in medically underserved 
     populations (as defined in section 330(b)(3) of the Public 
     Health Service Act (42 U.S.C. 254b(b)(3))), health 
     professional shortage areas (as defined under section 332(a) 
     of the Public Health Service Act (42 U.S.C. 254e(a))), racial 
     and ethnic minority populations, and geographically diverse 
     areas, as determined by the Secretary.
       (e) Reporting.--The Secretary shall facilitate mechanisms 
     for timely, standardized reporting by grantees under this 
     section regarding implementation of the systems established 
     under this section and coordinated processes with the 
     reporting as required and under the heading ``Department of 
     Health and Human Services--Office of the Secretary--Public 
     Health and Social Service Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139, 134 Stat. 620), 
     including--
       (1) a summary of county or local health department level 
     information from the States receiving funding, and 
     information from directly funded localities, territories, and 
     Tribal entities, about the activities that will be undertaken 
     using funding awarded under this section, including 
     subgrants;
       (2) any anticipated shortages of required materials for 
     testing for COVID-19 under subsection (a); and
       (3) other barriers in the prevention, mitigation, or 
     treatment of COVID-19 under this section.
       (f) Public Listing of Awards.--The Secretary shall--
       (1) not later than 7 days after first awarding grants under 
     this section, post in a searchable, electronic format a list 
     of all awards made by the Secretary under this section, 
     including the recipients and amounts of such awards; and
       (2) update such list not less than every 7 days until all 
     funds made available to carry out this section are expended.

     SEC. 30563. GUIDANCE, TECHNICAL ASSISTANCE, INFORMATION, AND 
                   COMMUNICATION.

       (a) In General.-- Not later than 14 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with other Federal agencies, as appropriate, shall issue 
     guidance, provide technical assistance, and provide 
     information to States, localities, Tribes, and territories, 
     with respect to the following:
       (1) The diagnostic and serological testing of individuals 
     identified through contact tracing for COVID-19, including 
     information with respect to the reduction of duplication 
     related to programmatic activities, reporting, and billing.
       (2) Best practices regarding contact tracing, including the 
     collection of data with respect to such contact tracing and 
     requirements related to the standardization of demographic 
     and syndromic information collected as part of contact 
     tracing efforts.
       (3) Best practices regarding COVID-19 disease surveillance, 
     including best practices to reduce duplication in 
     surveillance activities, identifying gaps in surveillance and 
     surveillance systems, and ways in which the Secretary plans 
     to effectively support State, local, Tribal and territorial 
     health departments in addressing such gaps.
       (4) Information on ways for State, local, Tribal, and 
     territorial health departments to establish and maintain the 
     testing, contact tracing, and surveillance activities 
     described in paragraphs (1) through (3).
       (5) The protection of any personally identifiable health 
     information collected pursuant to this subtitle.
       (6) Best practices regarding privacy and cybersecurity 
     protection related to contact tracing, containment, and 
     mitigation efforts.
       (b) Guidance on Payment.--Not later than 14 days after the 
     date of the enactment of this Act, the Secretary, in 
     coordination with the Administrator of the Centers for 
     Medicare & Medicaid Services, the Director of the Centers for 
     Disease Control and Prevention, and in coordination with 
     other Federal agencies, as appropriate, shall develop and 
     issue to State, local, Tribal, and territorial health 
     departments clear guidance and policies--
       (1) with respect to the coordination of claims submitted 
     for payment out of the Public Health and Social Services 
     Emergency Fund for services furnished in a facility referred 
     to in section 30562(d)(4)(C);
       (2) identifying how an individual who is isolated or 
     quarantined at home or in such a facility--
       (A) incurs no out-of-pocket costs for any services 
     furnished to such individual while isolated; and
       (B) may receive income support for lost earnings or 
     payments for expenses such as child care or elder care while 
     such individual is isolated at home or in such a facility;
       (3) providing information and assistance pertaining to 
     support available under the CARES Act (Public Law 116-136) 
     and this Act; and
       (4) identifying State, local, Tribal, and territorial 
     health departments or partner agencies that may provide 
     social support services, such as groceries or meals, health 
     education, internet access, and behavioral health services, 
     to individuals who isolated or quarantined at home or in such 
     a facility.
       (c) Guidance on Testing.--Not later than 14 days after the 
     date of the enactment of this Act, the Secretary, in 
     coordination with the Commissioner of Food and Drugs, the 
     Director of the National Institutes of Health, and the 
     Director of the Centers for Disease Control and Prevention, 
     and in coordination with other Federal agencies as 
     appropriate, shall develop and issue to State, local, Tribal, 
     and territorial health departments clear guidance and 
     policies regarding--
       (1) objective standards to characterize the performance of 
     all diagnostic and serological tests for COVID-19 in order to 
     independently evaluate tests continuously over time;
       (2) protocols for the evaluation of the performance of 
     diagnostic and serological tests for COVID-19; and
       (3) a repository of characterized specimens to use to 
     evaluate the performance of those tests that can be made 
     available for appropriate entities to use to evaluate 
     performance.
       (d) Communication.--The Secretary shall identify and 
     publicly announce the form and manner for communication with 
     State, local, Tribal, and territorial health departments for 
     purposes of carrying out the activities addressed by guidance 
     issued under subsections (a) and (b).
       (e) Availability to Providers.--Guidance issued under 
     subsection (a)(1) shall be issued to health care providers.
       (f) Ongoing Provision of Guidance and Technical 
     Assistance.--Notwithstanding whether funds are available 
     specifically to carry out this subtitle, guidance and 
     technical assistance shall continue to be provided under this 
     section.

     SEC. 30564. RESEARCH AND DEVELOPMENT.

       The Secretary, in coordination with the Director of the 
     Centers for Disease Control and Prevention and in 
     collaboration with the Director of the National Institutes of 
     Health, the Director of the Agency for Healthcare Research 
     and Quality, the Commissioner of Food and Drugs, and the 
     Administrator of the Centers for Medicare & Medicaid 
     Services, shall support research and development on more 
     efficient and effective strategies--
       (1) for the surveillance of SARS-CoV-2 and COVID-19;
       (2) for the testing and identification of individuals 
     infected with COVID-19; and
       (3) for the tracing of contacts of individuals infected 
     with COVID-19.

     SEC. 30565. AWARENESS CAMPAIGNS.

       The Secretary, acting through the Director of the Centers 
     for Disease Control and Prevention and in coordination with 
     other offices and agencies, as appropriate, shall award 
     competitive grants or contracts to one or more public or 
     private entities, including faith-based organizations, to 
     carry out multilingual and culturally appropriate awareness 
     campaigns. Such campaigns shall--
       (1) be based on available scientific evidence;
       (2) increase awareness and knowledge of COVID-19, including 
     countering stigma associated with COVID-19;
       (3) improve information on the availability of COVID-19 
     diagnostic testing; and
       (4) promote cooperation with contact tracing efforts.

     SEC. 30566. GRANTS TO STATE AND TRIBAL WORKFORCE AGENCIES.

       (a) Definitions.--In this section:
       (1) In general.--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).
       (2) Apprenticeship; apprenticeship program.--The term 
     ``apprenticeship'' or ``apprenticeship program'' means an 
     apprenticeship program registered under the Act of August 16, 
     1937 (commonly known as the ``National Apprenticeship Act'') 
     (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including 
     any requirement, standard, or rule promulgated under such 
     Act, as such requirement, standard, or rule was in effect on 
     December 30, 2019.
       (3) Contact tracing and related positions.--The term 
     ``contact tracing and related positions'' means employment 
     related to contact tracing, surveillance, containment, and 
     mitigation activities as described in paragraphs (2), (3), 
     and (4) of section 30562(d).
       (4) Eligible entity.--The term ``eligible entity'' means--

[[Page H2098]]

       (A) a State or territory, including the District of 
     Columbia and Puerto Rico;
       (B) an Indian Tribe, Tribal organization, Alaska Native 
     entity, Indian-controlled organizations serving Indians, or 
     Native Hawaiian organizations;
       (C) an outlying area; or
       (D) a local board, if an eligible entity under 
     subparagraphs (A) through (C) has not applied with respect to 
     the area over which the local board has jurisdiction as of 
     the date on which the local board submits an application 
     under subsection (c).
       (5) Eligible individual.--Notwithstanding section 170(b)(2) 
     of the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3225(b)(2)), the term ``eligible individual'' means an 
     individual seeking or securing employment in contact tracing 
     and related positions and served by an eligible entity or 
     community-based organization receiving funding under this 
     section.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (b) Grants.--
       (1) In general.--Subject to the availability of 
     appropriations under subsection (g), the Secretary shall 
     award national dislocated worker grants under section 
     170(b)(1)(B) of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3225(b)(1)(B)) to each eligible entity that seeks 
     a grant to assist local boards and community-based 
     organizations in carrying out activities under subsections 
     (f) and (d), respectively, for the following purposes:
       (A) To support the recruitment, placement, and training, as 
     applicable, of eligible individuals seeking employment in 
     contact tracing and related positions in accordance with the 
     national system for COVID-19 testing, contact tracing, 
     surveillance, containment, and mitigation established under 
     section 30561.
       (B) To assist with the employment transition to new 
     employment or education and training of individuals employed 
     under this section in preparation for and upon termination of 
     such employment.
       (2) Timeline.--The Secretary of Labor shall--
       (A) issue application requirements under subsection (c) not 
     later than 10 days after the date of enactment of this 
     section; and
       (B) award grants to an eligible entity under paragraph (1) 
     not later than 10 days after the date on which the Secretary 
     receives an application from such entity.
       (c) Grant Application.--An eligible entity applying for a 
     grant under this section shall submit an application to the 
     Secretary, at such time and in such form and manner as the 
     Secretary may reasonably require, which shall include a 
     description of--
       (1) how the eligible entity will support the recruitment, 
     placement, and training, as applicable, of eligible 
     individuals seeking employment in contact tracing and related 
     positions by partnering with--
       (A) a State, local, Tribal, or territorial health 
     department; or
       (B) one or more nonprofit or community-based organizations 
     partnering with such health departments;
       (2) how the activities described in paragraph (1) will 
     support State efforts to address the demand for contact 
     tracing and related positions with respect to--
       (A) the State plans referred to in the heading ``Public 
     Health and Social Services Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139);
       (B) the testing strategy submitted under section 30541; and
       (C) the number of eligible individuals that the State plans 
     to recruit and train under the plans and strategies described 
     in subparagraphs (A) and (B);
       (3) the specific strategies for recruiting and placement of 
     eligible individuals from or residing within the communities 
     in which they will work, including--
       (A) plans for the recruitment of eligible individuals to 
     serve as contact tracers and related positions, including 
     dislocated workers, individuals with barriers to employment, 
     veterans, new entrants in the workforce, or underemployed or 
     furloughed workers, who are from or reside in or near the 
     local area in which they will serve, and who, to the extent 
     practicable--
       (i) have experience or a background in industry-sectors and 
     occupations such as public health, social services, customer 
     service, case management, or occupations that require related 
     qualifications, skills, or competencies, such as strong 
     interpersonal and communication skills, needed for contact 
     tracing and related positions, as described in section 
     30562(d)(2)(E)(ii); or
       (ii) seek to transition to public health and public health 
     related occupations upon the conclusion of employment in 
     contact tracing and related positions; and
       (B) how such strategies will take into account the 
     diversity of such community, including racial, ethnic, 
     socioeconomic, linguistic, or geographic diversity;
       (4) the amount, timing, and mechanisms for distribution of 
     funds provided to local boards or through subgrants as 
     described in subsection (d);
       (5) for eligible entities described in subparagraphs (A) 
     through (C) of subsection (a)(4), a description of how the 
     eligible entity will ensure the equitable distribution of 
     funds with respect to--
       (A) geography (such as urban and rural distribution);
       (B) medically underserved populations (as defined in 
     section 33(b)(3) of the Public Health Service Act (42 U.S.C. 
     254b(b)));
       (C) health professional shortage areas (as defined under 
     section 332(a) of the Public Health Service Act (42 U.S.C. 
     254e(a))); and
       (D) the racial and ethnic diversity of the area; and
       (6) for eligible entities who are local boards, a 
     description of how a grant to such eligible entity would 
     serve the equitable distribution of funds as described in 
     paragraph (5).
       (d) Subgrant Authorization and Application Process.--
       (1) In general.--An eligible entity may award a subgrant to 
     one or more community-based organizations for the purposes of 
     partnering with a State or local board to conduct outreach 
     and education activities to inform potentially eligible 
     individuals about employment opportunities in contact tracing 
     and related positions.
       (2) Application.--A community-based organization shall 
     submit an application at such time and in such manner as the 
     eligible entity may reasonably require, including--
       (A) a demonstration of the community-based organization's 
     established expertise and effectiveness in community outreach 
     in the local area that such organization plans to serve;
       (B) a demonstration of the community-based organization's 
     expertise in providing employment or public health 
     information to the local areas in which such organization 
     plans to serve; and
       (C) a description of the expertise of the community-based 
     organization in utilizing culturally competent and 
     multilingual strategies in the provision of services.
       (e) Grant Distribution.--
       (1) Federal distribution.--
       (A) Use of funds.-- The Secretary of Labor shall use the 
     funds appropriated to carry out this section as follows:
       (i) Subject to clause (ii), the Secretary shall distribute 
     funds among eligible entities in accordance with a formula to 
     be established by the Secretary that provides a minimum level 
     of funding to each eligible entity that seeks a grant under 
     this section and allocates additional funding as follows:

       (I) The formula shall give first priority based on the 
     number and proportion of contact tracing and related 
     positions that the State plans to recruit, place, and train 
     individuals as a part of the State strategy described in 
     subsection (c)(2)(A).
       (II) Subject to subclause (I), the formula shall give 
     priority in accordance with section 30562(c).

       (ii) Not more than 2 percent of the funding for 
     administration of the grants and for providing technical 
     assistance to recipients of funds under this section.
       (B) Equitable distribution.--If the geographic region 
     served by one or more eligible entities overlaps, the 
     Secretary shall distribute funds among such entities in such 
     a manner that ensures equitable distribution with respect to 
     the factors under subsection (c)(5).
       (2) Eligible entity use of funds.--An eligible entity 
     described in subparagraphs (A) through (C) of subsection 
     (a)(4)--
       (A) shall, not later than 30 days after the date on which 
     the entity receives grant funds under this section, provide 
     not less than 70 percent of grant funds to local boards for 
     the purpose of carrying out activities in subsection (f);
       (B) may use up to 20 percent of such funds to make 
     subgrants to community-based organizations in the service 
     area to conduct outreach, to potential eligible individuals, 
     as described in subsection (d);
       (C) in providing funds to local boards and awarding 
     subgrants under this subsection shall ensure the equitable 
     distribution with respect to the factors described in 
     subsection (c)(5); and
       (D) may use not more than 10 percent of the funds awarded 
     under this section for the administrative costs of carrying 
     out the grant and for providing technical assistance to local 
     boards and community-based organizations.
       (3) Local board use of funds.--A local board, or an 
     eligible entity that is a local board, shall use--
       (A) not less than 60 percent of the funds for recruitment 
     and training for COVID-19 testing, contact tracing, 
     surveillance, containment, and mitigation established under 
     section 30561;
       (B) not less than 30 of the funds to support the transition 
     of individuals hired as contact tracers and related positions 
     into an education or training program, or unsubsidized 
     employment upon completion of such positions; and
       (C) not more than 10 percent of the funds for 
     administrative costs.
       (f) Eligible Activities.--The State or local boards shall 
     use funds awarded under this section to support the 
     recruitment and placement of eligible individuals, training 
     and employment transition as related to contact tracing and 
     related positions, and for the following activities:
       (1) Establishing or expanding partnerships with--
       (A) State, local, Tribal, and territorial public health 
     departments;
       (B) community-based health providers, including community 
     health centers and rural health clinics;
       (C) labor organizations or joint labor management 
     organizations;
       (D) two-year and four-year institutions of higher education 
     (as defined in section 101 of the Higher Education Act of 
     1965 (20 U.S.C. 1001)), including institutions eligible to 
     receive funds under section 371(a) of the Higher Education 
     Act of 1965 (20 U.S.C. 1067q(a)); and
       (E) community action agencies or other community-based 
     organizations serving local areas in which there is a demand 
     for contact tracing and related positions.
       (2) Providing training for contact tracing and related 
     positions in coordination with State, local, Tribal, or 
     territorial health departments that is consistent with the 
     State or territorial testing and contact tracing strategy, 
     and ensuring that eligible individuals receive compensation 
     while participating in such training.
       (3) Providing eligible individuals with--
       (A) adequate and safe equipment, environments, and 
     facilities for training and supervision, as applicable;

[[Page H2099]]

       (B) information regarding the wages and benefits related to 
     contact tracing and related positions, as compared to State, 
     local, and national averages;
       (C) supplies and equipment needed by the eligible 
     individuals to support placement of an individual in contact 
     tracing and related positions, as applicable;
       (D) an individualized employment plan for each eligible 
     individual, as applicable--
       (i) in coordination with the entity employing the eligible 
     individual in a contact tracing and related positions; and
       (ii) which shall include providing a case manager to work 
     with each eligible individual to develop the plan, which may 
     include--

       (I) identifying employment and career goals, and setting 
     appropriate achievement objectives to attain such goals; and
       (II) exploring career pathways that lead to in-demand 
     industries and sectors, including in public health and 
     related occupations; and

       (E) services for the period during which the eligible 
     individual is employed in a contact tracing and related 
     position to ensure job retention, which may include--
       (i) supportive services throughout the term of employment;
       (ii) a continuation of skills training as related to 
     employment in contact tracing and related positions, that is 
     conducted in collaboration with the employers of such 
     individuals;
       (iii) mentorship services and job retention support for 
     eligible individuals; or
       (iv) targeted training for managers and workers working 
     with eligible individuals (such as mentors), and human 
     resource representatives;
       (4) Supporting the transition and placement in unsubsidized 
     employment for eligible individuals serving in contact 
     tracing and related positions after such positions are no 
     longer necessary in the State or local area, including--
       (A) any additional training and employment activities as 
     described in section 170(d)(4) of the Workforce Innovation 
     and Opportunity Act (29 U.S.C. 3225(d)(4));
       (B) developing the appropriate combination of services to 
     enable the eligible individual to achieve the employment and 
     career goals identified under paragraph (3)(D)(ii)(I); and
       (C) services to assist eligible individuals in maintaining 
     employment for not less than 12 months after the completion 
     of employment in contact tracing and related positions, as 
     appropriate.
       (5) Any other activities as described in subsections (a)(3) 
     and (b) of section 134 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3174).
       (g) Limitation.--Notwithstanding section 170(d)(3)(A) of 
     the Workforce Innovation and Opportunity Act (29 U.S.C. 
     3225(d)(3)(A)), a person may be employed in a contact tracing 
     and related positions using funds under this section for a 
     period not greater than 2 years.
       (h) Reporting by the Department of Labor.--
       (1) In general.--Not later than 120 days of the enactment 
     of this Act, and once grant funds have been expended under 
     this section, the Secretary shall report to the Committee on 
     Education and Labor of the House of Representatives and the 
     Committee on Health, Education, Labor and Pensions of the 
     Senate, and make publicly available a report containing a 
     description of--
       (A) the number of eligible individuals recruited, hired, 
     and trained in contact tracing and related positions;
       (B) the number of individuals successfully transitioned to 
     unsubsidized employment or training at the completion of 
     employment in contact tracing and related positions using 
     funds under this subtitle;
       (C) the number of such individuals who were unemployed 
     prior to being hired, trained, or deployed as described in 
     paragraph (1);
       (D) the performance of each program supported by funds 
     under this subtitle with respect to the indicators of 
     performance under section 116 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3141), as applicable;
       (E) the number of individuals in unsubsidized employment 
     within six months and 1 year, respectively, of the conclusion 
     of employment in contact tracing and related positions and, 
     of those, the number of individuals within a State, 
     territorial, or local public health department in an 
     occupation related to public health;
       (F) any information on how eligible entities, local boards, 
     or community-based organizations that received funding under 
     this subsection were able to support the goals of the 
     national system for COVID-19 testing, contact tracing, 
     surveillance, containment, and mitigation established under 
     section 30561 of this Act; and
       (G) best practices for improving and increasing the 
     transition of individuals employed in contract tracing and 
     related positions to unsubsidized employment.
       (2) Disaggregation.--All data reported under paragraph (1) 
     shall be disaggregated by race, ethnicity, sex, age, and, 
     with respect to individuals with barriers to employment, 
     subpopulation of such individuals, except for when the number 
     of participants in a category is insufficient to yield 
     statistically reliable information or when the results would 
     reveal personally identifiable information about an 
     individual participant.
       (i) Special Rule.--Any funds used for programs under this 
     section that are used to fund an apprenticeship or 
     apprenticeship program shall only be used for, or provided 
     to, an apprenticeship or apprenticeship program that meets 
     the definition of such term subsection (a) of this section, 
     including any funds awarded for the purposes of grants, 
     contracts, or cooperative agreements, or the development, 
     implementation, or administration, of an apprenticeship or an 
     apprenticeship program.
       (j) Information Sharing Requirement for HHS.--The Secretary 
     of Health and Human Services, acting through the Director of 
     the Centers for Disease Control and Prevention, shall provide 
     the Secretary of Labor, acting through the Assistant 
     Secretary of the Employment and Training Administration, with 
     information on grants under section 30562, including--
       (1) the formula used to award such grants to State, local, 
     Tribal, and territorial health departments;
       (2) the dollar amounts of and scope of the work funded 
     under such grants;
       (3) the geographic areas served by eligible entities that 
     receive such grants; and
       (4) the number of contact tracers and related positions to 
     be hired using such grants.
       (k) Authorization of Appropriations.--Of the amounts 
     appropriated to carry out this subtitle, $500,000,000 shall 
     be used by the Secretary of Labor to carry out subsections 
     (a) through (h) of this section.

     SEC. 30567. APPLICATION OF THE SERVICE CONTRACT ACT TO 
                   CONTRACTS AND GRANTS.

       Contracts and grants which include contact tracing as part 
     of the scope of work and that are awarded under this subtitle 
     shall require that contract tracers and related positions are 
     paid not less than the prevailing wage and fringe rates 
     required under chapter 67 of title 41, United States Code 
     (commonly known as the ``Service Contract Act'') for the area 
     in which the work is performed. To the extent that a 
     nonstandard wage determination is required to establish a 
     prevailing wage for contact tracers and related positions for 
     purposes of this subtitle, the Secretary of Labor shall issue 
     such determination not later than 14 days after the date of 
     enactment of this Act, based on a job description used by the 
     Centers for Disease Control and Prevention and contractors or 
     grantees performing contact tracing for State public health 
     agencies.

     SEC. 30568. AUTHORIZATION OF APPROPRIATIONS.

       To carry out this subtitle, there are authorized to be 
     appropriated $75,000,000,000, to remain available until 
     expended.

 Subtitle E--Demographic Data and Supply Reporting Related to COVID-19

     SEC. 30571. COVID-19 REPORTING PORTAL.

       (a) In General.--Not later than 15 days after the date of 
     enactment of this Act, the Secretary shall establish and 
     maintain an online portal for use by eligible health care 
     entities to track and transmit data regarding their personal 
     protective equipment and medical supply inventory and 
     capacity related to COVID-19.
       (b) Eligible Health Care Entities.--In this section, the 
     term ``eligible health care entity'' means a licensed acute 
     care hospital, hospital system, or long-term care facility 
     with confirmed cases of COVID-19.
       (c) Submission.--An eligible health care entity shall 
     report using the portal under this section on a biweekly 
     basis in order to assist the Secretary in tracking usage and 
     need of COVID-related supplies and personnel in a regular and 
     real-time manner.
       (d) Included Information.--The Secretary shall design the 
     portal under this section to include information on personal 
     protective equipment and medical supply inventory and 
     capacity related to COVID-19, including with respect to the 
     following:
       (1) Personal protective equipment.--Total personal 
     protective equipment inventory, including, in units, the 
     numbers of N95 masks and authorized equivalent respirator 
     masks, surgical masks, exam gloves, face shields, isolation 
     gowns, and coveralls.
       (2) Medical supply.--
       (A) Total ventilator inventory, including, in units, the 
     number of universal, adult, pediatric, and infant 
     ventilators.
       (B) Total diagnostic and serological test inventory, 
     including, in units, the number of test platforms, tests, 
     test kits, reagents, transport media, swabs, and other 
     materials or supplies determined necessary by the Secretary.
       (3) Capacity.--
       (A) Case count measurements, including confirmed positive 
     cases and persons under investigation.
       (B) Total number of staffed beds, including medical 
     surgical beds, intensive care beds, and critical care beds.
       (C) Available beds, including medical surgical beds, 
     intensive care beds, and critical care beds.
       (D) Total number of COVID-19 patients currently utilizing a 
     ventilator.
       (E) Average number of days a COVID-19 patient is utilizing 
     a ventilator.
       (F) Total number of additionally needed professionals in 
     each of the following categories: intensivists, critical care 
     physicians, respiratory therapists, registered nurses, 
     certified registered nurse anesthetists, and laboratory 
     personnel.
       (G) Total number of hospital personnel currently not 
     working due to self-isolation following a known or presumed 
     COVID-19 exposure.
       (e) Access to Information Related to Inventory and 
     Capacity.--The Secretary shall ensure that relevant agencies 
     and officials, including the Centers for Disease Control and 
     Prevention, the Assistant Secretary for Preparedness and 
     Response, and the Federal Emergency Management Agency, have 
     access to information related to inventory and capacity 
     submitted under this section.
       (f) Weekly Report to Congress.--On a weekly basis, the 
     Secretary shall transmit information related to inventory and 
     capacity submitted under this section to the appropriate 
     committees of the House and Senate.

     SEC. 30572. REGULAR CDC REPORTING ON DEMOGRAPHIC DATA.

       Not later than 14 days after the date of enactment of this 
     Act, the Secretary, in coordination

[[Page H2100]]

     with the Director of the Centers for Disease Control and 
     Prevention, shall amend the reporting under the heading 
     ``Department of Health and Human Services--Office of the 
     Secretary--Public Health and Social Service Emergency Fund'' 
     in title I of division B of the Paycheck Protection Program 
     and Health Care Enhancement Act (Public Law 116-139; 134 
     Stat. 620, 626) on the demographic characteristics, including 
     race, ethnicity, age, sex, gender, geographic region, and 
     other relevant factors of individuals tested for or diagnosed 
     with COVID-19, to include--
       (1) providing technical assistance to State, local, and 
     territorial health departments to improve the collection and 
     reporting of such demographic data;
       (2) if such data is not so collected or reported, the 
     reason why the State, local, or territorial department of 
     health has not been able to collect or provide such 
     information; and
       (3) making a copy of such report available publicly on the 
     website of the Centers for Disease Control and Prevention.

     SEC. 30573. FEDERAL MODERNIZATION FOR HEALTH INEQUITIES DATA.

       (a) In General.--The Secretary shall work with covered 
     agencies to support the modernization of data collection 
     methods and infrastructure at such agencies for the purpose 
     of increasing data collection related to health inequities, 
     such as racial, ethnic, socioeconomic, sex, gender, and 
     disability disparities.
       (b) Covered Agency Defined.--In this section, the term 
     ``covered agency'' means each of the following Federal 
     agencies:
       (1) The Agency for Healthcare Research and Quality.
       (2) The Centers for Disease Control and Prevention.
       (3) The Centers for Medicare & Medicaid Services.
       (4) The Food and Drug Administration.
       (5) The Office of the National Coordinator for Health 
     Information Technology.
       (6) The National Institutes of Health.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to each covered agency to carry out this 
     section $4,000,000, to remain available until expended.

     SEC. 30574. MODERNIZATION OF STATE AND LOCAL HEALTH 
                   INEQUITIES DATA.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall award grants to State, local, and territorial health 
     departments in order to support the modernization of data 
     collection methods and infrastructure for the purposes of 
     increasing data related to health inequities, such as racial, 
     ethnic, socioeconomic, sex, gender, and disability 
     disparities. The Secretary shall--
       (1) provide guidance, technical assistance, and information 
     to grantees under this section on best practices regarding 
     culturally competent, accurate, and increased data collection 
     and transmission; and
       (2) track performance of grantees under this section to 
     help improve their health inequities data collection by 
     identifying gaps and taking effective steps to support 
     States, localities, and territories in addressing the gaps.
       (b) Report.--Not later than 1 year after the date on which 
     the first grant is awarded under this section, the Secretary 
     shall 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 an initial report 
     detailing--
       (1) nationwide best practices for ensuring States and 
     localities collect and transmit health inequities data;
       (2) nationwide trends which hinder the collection and 
     transmission of health inequities data;
       (3) Federal best practices for working with States and 
     localities to ensure culturally competent, accurate, and 
     increased data collection and transmission; and
       (4) any recommended changes to legislative or regulatory 
     authority to help improve and increase health inequities data 
     collection.
       (c) Final Report.--Not later than December 31, 2023, the 
     Secretary shall--
       (1) update and finalize the initial report under subsection 
     (b); and
       (2) submit such final report to the committees specified in 
     such subsection.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000, to 
     remain available until expended.

     SEC. 30575. TRIBAL FUNDING TO RESEARCH HEALTH INEQUITIES 
                   INCLUDING COVID-19.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Director of the Indian Health 
     Service, in coordination with Tribal Epidemiology Centers and 
     other Federal agencies, as appropriate, shall conduct or 
     support research and field studies for the purposes of 
     improved understanding of Tribal health inequities among 
     American Indians and Alaska Natives, including with respect 
     to--
       (1) disparities related to COVID-19;
       (2) public health surveillance and infrastructure regarding 
     unmet needs in Indian country and Urban Indian communities;
       (3) population-based health disparities;
       (4) barriers to health care services;
       (5) the impact of socioeconomic status; and
       (6) factors contributing to Tribal health inequities.
       (b) Consultation, Confer, and Coordination.--In carrying 
     out this section, the Director of the Indian Health Service 
     shall--
       (1) consult with Indian Tribes and Tribal organizations;
       (2) confer with Urban Indian organizations; and
       (3) coordinate with the Director of the Centers for Disease 
     Control and Prevention and the Director of the National 
     Institutes of Health.
       (c) Process.--Not later than 60 days after the date of 
     enactment of this Act, the Director of the Indian Health 
     Service shall establish a nationally representative panel to 
     establish processes and procedures for the research and field 
     studies conducted or supported under subsection (a). The 
     Director shall ensure that, at a minimum, the panel consists 
     of the following individuals:
       (1) Elected Tribal leaders or their designees.
       (2) Tribal public health practitioners and experts from the 
     national and regional levels.
       (d) Duties.--The panel established under subsection (c) 
     shall, at a minimum--
       (1) advise the Director of the Indian Health Service on the 
     processes and procedures regarding the design, 
     implementation, and evaluation of, and reporting on, research 
     and field studies conducted or supported under this section;
       (2) develop and share resources on Tribal public health 
     data surveillance and reporting, including best practices; 
     and
       (3) carry out such other activities as may be appropriate 
     to establish processes and procedures for the research and 
     field studies conducted or supported under subsection (a).
       (e) Report.--Not later than 1 year after expending all 
     funds made available to carry out this section, the Director 
     of the Indian Health Service, in coordination with the panel 
     established under subsection (c), shall submit an initial 
     report on the results of the research and field studies under 
     this section to--
       (1) the Committee on Energy and Commerce and the Committee 
     on Natural Resources of the House of Representatives; and
       (2) the Committee on Indian Affairs and the Committee on 
     Health, Education, Labor and Pensions of the Senate.
       (f) Tribal Data Sovereignty.--The Director of the Indian 
     Health Service shall ensure that all research and field 
     studies conducted or supported under this section are 
     tribally-directed and carried out in a manner which ensures 
     Tribal-direction of all data collected under this section--
       (1) according to Tribal best practices regarding research 
     design and implementation, including by ensuring the consent 
     of the Tribes involved to public reporting of Tribal data;
       (2) according to all relevant and applicable Tribal, 
     professional, institutional, and Federal standards for 
     conducting research and governing research ethics;
       (3) with the prior and informed consent of any Indian Tribe 
     participating in the research or sharing data for use under 
     this section; and
       (4) in a manner that respects the inherent sovereignty of 
     Indian Tribes, including Tribal governance of data and 
     research.
       (g) Final Report.--Not later than December 31, 2023, the 
     Director of the Indian Health Service shall--
       (1) update and finalize the initial report under subsection 
     (e); and
       (2) submit such final report to the committees specified in 
     such subsection.
       (h) Definitions.--In this section:
       (1) The terms ``Indian Tribe'' and ``Tribal organization'' 
     have the meanings given to such terms in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304).
       (2) The term ``Urban Indian organization'' has the meaning 
     given to such term in section 4 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1603).
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000, to 
     remain available until expended.

     SEC. 30576. CDC FIELD STUDIES PERTAINING TO SPECIFIC HEALTH 
                   INEQUITIES.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary, acting through the 
     Centers for Disease Control and Prevention, in collaboration 
     with State, local, and territorial health departments, shall 
     complete (by the reporting deadline in subsection (b)) field 
     studies to better understand health inequities that are not 
     currently tracked by the Secretary. Such studies shall 
     include an analysis of--
       (1) the impact of socioeconomic status on health care 
     access and disease outcomes, including COVID-19 outcomes;
       (2) the impact of disability status on health care access 
     and disease outcomes, including COVID-19 outcomes;
       (3) the impact of language preference on health care access 
     and disease outcomes, including COVID-19 outcomes;
       (4) factors contributing to disparities in health outcomes 
     for the COVID-19 pandemic; and
       (5) other topics related to disparities in health outcomes 
     for the COVID-19 pandemic, as determined by the Secretary.
       (b) Report.--Not later than December 31, 2021, the 
     Secretary shall 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 an 
     initial report on the results of the field studies under this 
     section.
       (c) Final Report.--Not later than December 31, 2023, the 
     Secretary shall--
       (1) update and finalize the initial report under subsection 
     (b); and
       (2) submit such final report to the committees specified in 
     such subsection.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000, to 
     remain available until expended.

     SEC. 30577. ADDITIONAL REPORTING TO CONGRESS ON THE RACE AND 
                   ETHNICITY RATES OF COVID-19 TESTING, 
                   HOSPITALIZATIONS, AND MORTALITIES.

       (a) In General.--Not later than August 1, 2020, the 
     Secretary shall submit to the Committee on Appropriations and 
     the Committee on

[[Page H2101]]

     Energy and Commerce of the House of Representatives and the 
     Committee on Appropriations and the Committee on Health, 
     Education, Labor and Pensions of the Senate an initial 
     report--
       (1) describing the testing, positive diagnoses, 
     hospitalization, intensive care admissions, and mortality 
     rates associated with COVID-19, disaggregated by race, 
     ethnicity, age, sex, gender, geographic region, and other 
     relevant factors as determined by the Secretary;
       (2) including an analysis of any variances of testing, 
     positive diagnoses, hospitalizations, and deaths by 
     demographic characteristics; and
       (3) including proposals for evidenced-based response 
     strategies to reduce disparities related to COVID-19.
       (b) Final Report.--Not later than December 31, 2024, the 
     Secretary shall--
       (1) update and finalize the initial report under subsection 
     (a); and
       (2) submit such final report to the committees specified in 
     such subsection.
       (c) Coordination.--In preparing the report submitted under 
     this section, the Secretary shall take into account and 
     otherwise coordinate such report with reporting required 
     under section 30572 and under the heading ``Department of 
     Health and Human Services--Office of the Secretary--Public 
     Health and Social Service Emergency Fund'' in title I of 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139; 134 Stat. 620, 626).

                       Subtitle F--Miscellaneous

     SEC. 30581. TECHNICAL CORRECTIONS TO AMENDMENTS MADE BY CARES 
                   ACT.

       (a) The amendments made by this section shall take effect 
     as if included in the enactment of the CARES Act (Public Law 
     116-136).
       (b) Section 3112 of division A of the CARES Act (Public Law 
     116-136) is amended--
       (1) in subsection (a)(2)(A), by striking the comma before 
     ``or a permanent'';
       (2) in subsection (d)(1), by striking ``and subparagraphs 
     (A) and (B)'' and inserting ``as subparagraphs (A) and (B)''; 
     and
       (3) in subsection (e), by striking ``Drug, Cosmetic Act'' 
     and inserting ``Drug, and Cosmetic Act''.
       (c) Section 6001(a)(1)(D) of division F of the Families 
     First Coronavirus Response Act (Public Law 116-127), as 
     amended by section 3201 of division A of the CARES Act 
     (Public Law 116-136), is amended by striking ``other test 
     that''.
       (d) Subsection (k)(9) of section 543 of the Public Health 
     Service Act (42 U.S.C. 290dd-2), as added by section 3221(d) 
     of division A of the CARES Act (Public Law 116-136), is 
     amended by striking ``unprotected health information'' and 
     inserting ``unsecured protected health information''.
       (e) Section 3401(2)(D) of division A of the CARES Act 
     (Public Law 116-136), is amended by striking ``Not Later 
     than'' and inserting ``Not later than''.
       (f) Section 831(f) of the Public Health Service Act, as 
     redesignated by section 3404(a)(6)(E) and amended by section 
     3404(a)(6)(G) of division A of the CARES Act (Public Law 116-
     136), is amended by striking ``a health care facility, or a 
     partnership of such a school and facility''.
       (g) Section 846(i) of the Public Health Service Act, as 
     amended by section 3404(i)(8)(C) of division A of the CARES 
     Act (Public Law 116-136), is amended by striking ``871(b),,'' 
     and inserting ``871(b),''.
       (h) Section 3606(a)(1)(A) of division A of the CARES Act 
     (Public Law 116-136) is amended by striking ``In general'' 
     and inserting ``In general''.
       (i) Section 3856(b)(1) of division A of the CARES Act 
     (Public Law 116-136) is amended to read as follows:
       ``(1) In general.--Section 905(b)(4) of the FDA 
     Reauthorization Act of 2017 (Public Law 115-52) is amended by 
     striking `Section 744H(e)(2)(B) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379j-52(e)(2)(B))' and inserting 
     `Section 744H(f)(2)(B) of the Federal Food, Drug, and 
     Cosmetic Act, as redesignated by section 403(c)(1) of this 
     Act,'.''.

                   TITLE W--PUBLIC HEALTH ASSISTANCE

         Subtitle A--Assistance to Providers and Health System

     SEC. 30611. HEALTH CARE PROVIDER RELIEF FUND.

       (a) In General.--Not later than 7 days after the date of 
     enactment of this Act, the Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall establish a program under which the 
     Secretary shall reimburse, through grants or other 
     mechanisms, eligible health care providers for eligible 
     expenses or lost revenues occurring during calendar quarters 
     beginning on or after January 1, 2020, to prevent, prepare 
     for, and respond to COVID-19, in an amount calculated under 
     subsection (c).
       (b) Quarterly Basis.--
       (1) Submission of applications.--The Secretary shall give 
     applicants a period of 7 calendar days after the close of a 
     quarter to submit applications under this section with 
     respect to such quarter, except that the Secretary shall give 
     applicants a period of 7 calendar days after the date of 
     enactment of this Act to submit applications with respect to 
     the quarter beginning on January 1, 2020, if the applicant 
     has not previously submitted an application with the respect 
     to such quarter.
       (2) Review and payment.--The Secretary shall--
       (A) review applications and make awards of reimbursement 
     under this section on a quarterly basis; and
       (B) award the reimbursements under this section for a 
     quarter not later than 14 calendar days after the close of 
     the quarter, except that the Secretary shall award the 
     reimbursements under this section for the quarter beginning 
     on January 1, 2020, not later than 14 calendar days after the 
     date of enactment of this Act.
       (c) Calculation.--
       (1) In general.--The amount of the reimbursement to an 
     eligible health care provider under this section with respect 
     to a calendar quarter shall equal--
       (A) the sum of--
       (i) 100 percent of the eligible expenses, as described in 
     subsection (d), of the provider during the quarter; and
       (ii) subject to paragraph (3), 60 percent of the lost 
     revenues, as described in subsection (e), of the provider 
     during the quarter; less
       (B) any funds that are--
       (i) received by the provider during the quarter pursuant to 
     the Coronavirus Preparedness and Response Supplemental 
     Appropriations Act, 2020 (Public Law 116-123), the Families 
     First Coronavirus Response Act (Public Law 116-127), the 
     CARES Act (Public Law 116-136), or the Paycheck Protection 
     Program and Health Care Enhancement Act (Public Law 116-139); 
     and
       (ii) not required to be repaid.
       (2) Carryover.--If the amount determined under paragraph 
     (1)(B) for a calendar quarter with respect to an eligible 
     health care provider exceeds the amount determined under 
     paragraph (1)(A) with respect to such provider and quarter, 
     the amount of such difference shall be applied in making the 
     calculation under this subsection, over each subsequent 
     calendar quarter for which the eligible health care provider 
     seeks reimbursement under this section.
       (3) Lost revenue limitation.--If the amount determined 
     under subsection (e) with respect to the lost revenue of an 
     eligible health care provider for a calendar quarter does not 
     exceed an amount that equals 10 percent of the net patient 
     revenue (as defined in such subsection) of the provider for 
     the corresponding quarter in 2019, the addend under paragraph 
     (1)(A)(ii), in making the calculation under paragraph (1), is 
     deemed to be zero.
       (d) Eligible Expenses.--Subject to subsection (h)(1), 
     expenses eligible for reimbursement under this section 
     include expenses for--
       (1) building or construction of temporary structures;
       (2) leasing of properties;
       (3) medical supplies and equipment including personal 
     protective equipment;
       (4) in vitro diagnostic tests, serological tests, or 
     testing supplies;
       (5) increased workforce and trainings;
       (6) emergency operation centers;
       (7) construction or retrofitting of facilities;
       (8) mobile testing units;
       (9) surge capacity;
       (10) retention of workforce; and
       (11) such other items and services as the Secretary 
     determines to be appropriate, in consultation with relevant 
     stakeholders.
       (e) Lost Revenues.--
       (1) In general.--Subject to subsection (h)(1), for purposes 
     of subsection (c)(1)(A)(ii), the lost revenues of an eligible 
     health care provider, with respect to the calendar quarter 
     involved, shall be equal to--
       (A) net patient revenue of the provider for the 
     corresponding quarter in 2019 minus net patient revenue of 
     the provider for such quarter; less
       (B) the savings of the provider during the calendar quarter 
     involved attributable to foregone wages, payroll taxes, and 
     benefits of personnel who were furloughed or laid off by the 
     provider during that quarter.
       (2) Net patient revenue defined.--For purposes of paragraph 
     (1)(A), the term ``net patient revenue'', with respect to an 
     eligible health care provider and a calendar quarter, means 
     the sum of--
       (A) 200 percent of the total amount of reimbursement 
     received by the provider during the quarter for all items and 
     services furnished under a State plan or a waiver of a State 
     plan under title XIX of the Social Security Act (42 U.S.C. 
     1396 et seq.);
       (B) 125 percent of the total amount of reimbursement 
     received by the provider during the quarter for all items and 
     services furnished under title XVIII of the Social Security 
     Act (42 U.S.C. 1395 et seq.); and
       (C) 100 percent of the total amount of reimbursement not 
     described in subparagraph (A) or (B) received by the provider 
     during the quarter for all items and services.
       (f) Insufficient Funds for a Quarter.--If there are 
     insufficient funds made available to reimburse all eligible 
     health care providers for all eligible expenses and lost 
     revenues for a quarter in accordance with this section, the 
     Secretary shall--
       (1) prioritize reimbursement of eligible expenses; and
       (2) using the entirety of the remaining funds, uniformly 
     reduce the percentage of lost revenues otherwise applicable 
     under subsection (c)(1)(A)(ii) to the extent necessary to 
     reimburse a portion of the lost revenues of all eligible 
     health care providers applying for reimbursement.
       (g) Application.--A health care provider seeking 
     reimbursement under this section for a calendar quarter shall 
     submit to the Secretary an application that--
       (1) provides documentation demonstrating that the health 
     care provider is an eligible health care provider;
       (2) includes a valid tax identification number of the 
     health care provider or, if the health care provider does not 
     have a valid tax identification number, an employer 
     identification number or such other identification number as 
     the Secretary may accept or may assign;
       (3) attests to the eligible expenses and lost revenues of 
     the health care provider, as described in subsection (d), 
     occurring during the calendar quarter;
       (4) includes an itemized listing of each such eligible 
     expense, including expenses incurred in providing 
     uncompensated care;

[[Page H2102]]

       (5) for purposes of subsection (c)(3), attests to whether 
     the amount determined under subsection (e) with respect to 
     the lost revenue of an eligible health care provider for a 
     calendar quarter exceeds an amount that equals 10 percent of 
     the net patient revenue (as defined in such subsection) of 
     the provider for the corresponding quarter in 2019;
       (6) includes projections of the eligible expenses and lost 
     revenues of the health care provider, as described in 
     subsection (c), for the calendar quarter that immediately 
     follows the calendar quarter for which reimbursement is 
     sought; and
       (7) indicates the dollar amounts described in each of 
     subparagraphs (A) and (B) of subsection (e)(1) and 
     subparagraphs (A), (B), and (C) of subsection (e)(2) for the 
     calendar quarter and any other information the Secretary 
     determines necessary to determine expenses and lost revenue 
     related to COVID-19.
       (h) Limitations.--
       (1) No duplicative reimbursement.--The Secretary may not 
     provide, and a health care provider may not accept, 
     reimbursement under this section for expenses or losses with 
     respect to which--
       (A) the eligible health care provider is reimbursed from 
     other sources; or
       (B) other sources are obligated to reimburse the provider.
       (2) No executive compensation.--Reimbursement for eligible 
     expenses (as described in subsection (d)) and lost revenues 
     (as described in subsection (e)) shall not include 
     compensation or benefits, including salary, bonuses, awards 
     of stock, or other financial benefits, for an officer or 
     employee described in section 4004(a)(2) of the CARES Act 
     (Public Law 116-136).
       (i) No Balance Billing as Condition of Receipt of Funds.--
       (1) Protecting individuals enrolled in health plans.--As a 
     condition of receipt of reimbursement under this section, a 
     health care provider, in the case such provider furnishes 
     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)) (whether before, on, or after, the date on which 
     the provider submits an application under this section) a 
     medically necessary item or service described in subparagraph 
     (A), (B), or (C) of paragraph (3) to an individual who is 
     described in such subparagraph (A), (B), or (C), 
     respectively, and enrolled in a group health plan or group or 
     individual health insurance coverage offered by a health 
     insurance issuer (including grandfathered health plans as 
     defined in section 1251(e) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18011(e)) and such provider is 
     a nonparticipating provider with respect to such plan or 
     coverage and such plan or coverage and such items and 
     services would otherwise be covered under such plan if 
     furnished by a participating provider--
       (A) may not bill or otherwise hold liable such individual 
     for a payment amount for such item or service that is more 
     than the cost-sharing amount that would apply under such plan 
     or coverage for such item or service if such provider 
     furnishing such service were a participating provider with 
     respect to such plan or coverage;
       (B) shall reimburse such individual in a timely manner for 
     any amount for such item or service paid by the individual to 
     such provider in excess of such cost-sharing amount;
       (C) shall submit any claim for such item or service 
     directly to the plan or coverage; and
       (D) shall not bill the individual for such cost-sharing 
     amount until such individual is informed by the plan or 
     coverage of the required payment amount.
       (2) Protecting uninsured individuals.--As a condition of 
     receipt of reimbursement under this section, a health care 
     provider, in the case such reimbursement is with respect to 
     expenses incurred in providing uncompensated care (as 
     described in subsection (g)(4)) with respect to a medically 
     necessary item or service described in subparagraph (A), (B), 
     or (C) of paragraph (3) furnished during such emergency 
     period (whether before, on, or after, the date on which the 
     provider submits an application under this section) by the 
     provider to an individual who is described in such 
     subparagraph (A), (B), or (C), respectively--
       (A) shall consider such reimbursement as payment in full 
     with respect to such item or service so furnished to such 
     individual;
       (B) may not bill or otherwise hold liable such individual 
     for any payment for such item or service so furnished to such 
     individual; and
       (C) shall reimburse such individual in a timely manner for 
     any amount for such item or service paid by the individual to 
     such provider.
       (3) Medically necessary items and services described.--For 
     purposes of this subsection, medically necessary items and 
     services described in this paragraph are--
       (A) medically necessary items and services (including in-
     person or telehealth visits in which such items and services 
     are furnished) that are furnished to an individual who has 
     been diagnosed with (or after provision of the items and 
     services is diagnosed with) COVID-19 to treat or mitigate the 
     effects of COVID-19;
       (B) medically necessary items and services (including in-
     person or telehealth visits in which such items and services 
     are furnished) that are furnished to an individual who is 
     presumed, in accordance with paragraph (4), to have COVID-19 
     but is never diagnosed as such; and
       (C) a diagnostic test (and administration of such test) as 
     described in section 6001(a) of division F of the Families 
     First Coronavirus Response Act (42 U.S.C. 1320b-5 note) 
     administered to an individual.
       (4) Presumptive case of covid-19.--For purposes of 
     paragraph (3)(B), an individual shall be presumed to have 
     COVID-19 if the medical record documentation of the 
     individual supports a diagnosis of COVID-19, even if the 
     individual does not have a positive in vitro diagnostic test 
     result in the medical record of the individual.
       (5) Penalty.--In the case of an eligible health care 
     provider that is paid a reimbursement under this section and 
     that is in violation of paragraph (1) or (2), in addition to 
     any other penalties that may be prescribed by law, the 
     Secretary may recoup from such provider up to the full amount 
     of reimbursement the provider receives under this section.
       (6) Definitions.--In this subsection:
       (A) Nonparticipating provider.--The term ``nonparticipating 
     provider'' means, with respect to an item or service and 
     group health plan or group or individual health insurance 
     coverage offered by a health insurance issuer, a health care 
     provider that does not have a contractual relationship 
     directly or indirectly with the plan or issuer, respectively, 
     for furnishing such an item or service under the plan or 
     coverage.
       (B) Participating provider.--The term ``participating 
     provider'' means, with respect to an item or service and 
     group health plan or group or individual health insurance 
     coverage offered by a health insurance issuer, a health care 
     provider that has a contractual relationship directly or 
     indirectly with the plan or issuer, respectively, for 
     furnishing such an item or service under the plan or 
     coverage.
       (C) Group health plan, health insurance coverage.--The 
     terms ``group health plan'', ``health insurance issuer'', 
     ``group health insurance coverage'', and ``individual health 
     insurance coverage'' shall have the meanings given such terms 
     under section 2791 of the Public Health Service Act (42 
     U.S.C. 300gg-91).
       (j) Reports.--
       (1) Award information.--In making awards under this 
     section, the Secretary shall post in a searchable, electronic 
     format, a list of all recipients and awards pursuant to 
     funding authorized under this section.
       (2) Reports by recipients.--Each recipient of an award 
     under this section shall, as a condition on receipt of such 
     award, submit reports and maintain documentation, in such 
     form, at such time, and containing such information, as the 
     Secretary determines is needed to ensure compliance with this 
     section.
       (3) Public listing of awards.--The Secretary shall--
       (A) not later than 7 days after the date of enactment of 
     this Act, post in a searchable, electronic format, a list of 
     all awards made by the Secretary under this section, 
     including the recipients and amounts of such awards; and
       (B) update such list not less than every 7 days until all 
     funds made available to carry out this section are expended.
       (4) Inspector general report.--
       (A) In general.--Not later than 3 years after final 
     payments are made under this section, the Inspector General 
     of the Department of Health and Human Services shall transmit 
     a final report on audit findings with respect to the program 
     under this section to the Committee on Energy and Commerce 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Health, Education, Labor 
     and Pensions and the Committee on Appropriations of the 
     Senate.
       (B) Rule of construction.--Nothing in this paragraph shall 
     be construed as limiting the authority of the Inspector 
     General of the Department of Health and Human Services or the 
     Comptroller General of the United States to conduct audits of 
     interim payments earlier than the deadline described in 
     subparagraph (A).
       (k) Eligible Health Care Provider Defined.--In this 
     section:
       (1) In general.--The term ``eligible health care provider'' 
     means a health care provider described in paragraph (2) that 
     provides diagnostic or testing services or treatment to 
     individuals with a confirmed or possible diagnosis of COVID-
     19.
       (2) Health care providers described.--A health care 
     provider described in this paragraph is any of the following:
       (A) A health care provider enrolled as a participating 
     provider under a State plan approved under title XIX of the 
     Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of 
     such a plan).
       (B) A provider of services (as defined in subsection (u) of 
     section 1861 of the Social Security Act (42 U.S.C. 1395x)) or 
     a supplier (as defined in subsection (d) of such section) 
     that is enrolled as a participating provider of services or 
     participating supplier under the Medicare program under title 
     XVIII of such Act (42 U.S.C. 1395 et seq.).
       (C) A public entity.
       (D) Any other entity not described in this paragraph as the 
     Secretary may specify.
       (l) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated for an additional amount to carry out this 
     section $100,000,000,000, to remain available until expended.
       (2) Health care provider relief fund.--
       (A) Use of appropriated funds.--
       (i) In general.--In addition to amounts authorized to be 
     appropriated pursuant to paragraph (1), the unobligated 
     balance of all amounts appropriated to the Health Care 
     Provider Relief Fund shall be made available only to carry 
     out this section.
       (ii) Amounts.--For purposes of clause (i), the following 
     amounts are deemed to be appropriated to the Health Care 
     Provider Relief Fund:

       (I) The unobligated balance of the appropriation of 
     $100,000,000,000 in the third paragraph under the heading 
     ``Department of Health and Human Services--Office of the 
     Secretary--Public Health and Social Services Emergency Fund'' 
     in division B of the CARES Act (Public Law 116-136).
       (II) The unobligated balance of the appropriation under the 
     heading ``Department of Health and Human Services--Office of 
     the Secretary--

[[Page H2103]]

     Public Health and Social Services Emergency Fund'' in 
     division B of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139).

       (B) Limitation.--Of the unobligated balances described in 
     subparagraph (A)(ii), the Secretary may not make available 
     more than $10,000,000,000 to reimburse eligible health care 
     providers for expenses incurred in providing uncompensated 
     care.
       (C) Future amounts.--Any appropriation enacted subsequent 
     to the date of enactment of this Act that is made available 
     for reimbursing eligible health care providers as described 
     in subsection (a) shall be made available only to carry out 
     this section.

     SEC. 30612. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT PROGRAM.

       Part D of title III of the Public Health Service Act (42 
     U.S.C. 254b et seq.) is amended by adding at the end the 
     following new subpart:

                ``Subpart XIII--Public Health Workforce

     ``SEC. 340J. LOAN REPAYMENT PROGRAM.

       ``(a) Establishment.--The Secretary of Health and Human 
     Services shall establish a program to be known as the Public 
     Health Workforce Loan Repayment Program (referred to in this 
     section as the `Program') to assure an adequate supply of and 
     encourage recruitment of public health professionals to 
     eliminate critical public health workforce shortages in 
     local, State, territorial, and Tribal public health agencies.
       ``(b) Eligibility.--To be eligible to participate in the 
     Program, an individual shall--
       ``(1)(A) be accepted for enrollment, or be enrolled, as a 
     student in an accredited academic educational institution in 
     a State or territory in the final semester or equivalent of a 
     course of study or program leading to a public health degree, 
     a health professions degree or certificate, or a degree in 
     computer science, information science, information systems, 
     information technology, or statistics and have accepted 
     employment with a local, State, territorial, or Tribal public 
     health agency, or a related training fellowship, as 
     recognized by the Secretary, to commence upon graduation; or
       ``(B)(i) have graduated, during the preceding 10-year 
     period, from an accredited educational institution in a State 
     or territory and received a public health degree, a health 
     professions degree or certificate, or a degree in computer 
     science, information science, information systems, 
     information technology, or statistics; and
       ``(ii) be employed by, or have accepted employment with, a 
     local, State, territorial, or Tribal public health agency or 
     a related training fellowship, as recognized by the 
     Secretary;
       ``(2) be a United States citizen;
       ``(3)(A) submit an application to the Secretary to 
     participate in the Program; and
       ``(B) execute a written contract as required in subsection 
     (c); and
       ``(4) not have received, for the same service, a reduction 
     of loan obligations under section 428K or 428L of the Higher 
     Education Act of 1965 (20 U.S.C. 1078-11, 1078-12).
       ``(c) Contract.--The written contract referred to in 
     subsection (b)(3)(B) between the Secretary and an individual 
     shall contain--
       ``(1) an agreement on the part of the Secretary that the 
     Secretary will repay, on behalf of the individual, loans 
     incurred by the individual in the pursuit of the relevant 
     degree or certificate in accordance with the terms of the 
     contract;
       ``(2) an agreement on the part of the individual that the 
     individual will serve in the full-time employment of a local, 
     State, or Tribal public health agency or a related fellowship 
     program in a position related to the course of study or 
     program for which the contract was awarded for a period of 
     time equal to the greater of--
       ``(A) 2 years; or
       ``(B) such longer period of time as determined appropriate 
     by the Secretary and the individual;
       ``(3) an agreement, as appropriate, on the part of the 
     individual to relocate to a priority service area (as 
     determined by the Secretary) in exchange for an additional 
     loan repayment incentive amount to be determined by the 
     Secretary;
       ``(4) a provision that any financial obligation of the 
     United States arising out of a contract entered into under 
     this section and any obligation of the individual that is 
     conditioned thereon, is contingent on funds being 
     appropriated for loan repayments under this section;
       ``(5) a statement of the damages to which the United States 
     is entitled, under this section for the individual's breach 
     of the contract; and
       ``(6) such other statements of the rights and liabilities 
     of the Secretary and of the individual as the Secretary 
     determines appropriate, not inconsistent with this section.
       ``(d) Payments.--
       ``(1) In general.--A loan repayment provided for an 
     individual under a written contract referred to in subsection 
     (b)(3)(B) shall consist of payment, in accordance with 
     paragraph (2), for the individual toward the outstanding 
     principal and interest on education loans incurred by the 
     individual in the pursuit of the relevant degree in 
     accordance with the terms of the contract.
       ``(2) Equitable distribution.--In awarding contracts under 
     this section, the Secretary shall ensure--
       ``(A) a certain percentage of contracts are awarded to 
     individuals who are not already working in public health 
     departments;
       ``(B) an equitable distribution of funds geographically; 
     and
       ``(C) an equitable distribution among State, local, 
     territorial, and Tribal public health departments.
       ``(3) Payments for years served.--For each year of service 
     that an individual contracts to serve pursuant to subsection 
     (c)(2), the Secretary may pay not more than $35,000 on behalf 
     of the individual for loans described in paragraph (1). With 
     respect to participants under the Program whose total 
     eligible loans are less than $105,000, the Secretary shall 
     pay an amount that does not exceed \1/3\ of the eligible loan 
     balance for each year of such service of such individual.
       ``(4) Tax liability.--For purposes of the Internal Revenue 
     Code of 1986, a payment made under this section shall be 
     treated in the same manner as an amount received under 
     section 338B(g) of this Act, as described in section 
     108(f)(4) of such Code.
       ``(e) Postponing Obligated Service.--With respect to an 
     individual receiving a degree or certificate from a health 
     professions or other related school, the date of the 
     initiation of the period of obligated service may be 
     postponed as approved by the Secretary.
       ``(f) Breach of Contract.--An individual who fails to 
     comply with the contract entered into under subsection (c) 
     shall be subject to the same financial penalties as provided 
     for under section 338E of the Public Health Service Act (42 
     U.S.C. 254o) for breaches of loan repayment contracts under 
     section 338B of such Act (42 U.S.C. section 254l-1).
       ``(g) Definition.--For purposes of this section, the term 
     `full-time' means full-time as such term is used in section 
     455(m)(3) of the Higher Education Act of 1965.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       ``(1) $100,000,000 for fiscal year 2020; and
       ``(2) $75,000,000 for fiscal year 2021.''.

     SEC. 30613. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

       (a) In General.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, shall award grants to eligible entities to 
     develop and expand the use of technology-enabled 
     collaborative learning and capacity building models to 
     respond to ongoing and real-time learning, health care 
     information sharing, and capacity building needs related to 
     COVID-19.
       (b) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall have experience providing 
     technology-enabled collaborative learning and capacity 
     building health care services--
       (1) in rural areas, frontier areas, health professional 
     shortage areas, or medically underserved area; or
       (2) to medically underserved populations or Indian Tribes.
       (c) Use of Funds.--An eligible entity receiving a grant 
     under this section shall use funds received through the 
     grant--
       (1) to advance quality of care in response to COVID-19, 
     with particular emphasis on rural and underserved areas and 
     populations;
       (2) to protect medical personnel and first responders 
     through sharing real-time learning through virtual 
     communities of practice;
       (3) to improve patient outcomes for conditions affected or 
     exacerbated by COVID-19, including improvement of care for 
     patients with complex chronic conditions; and
       (4) to support rapid uptake by health care professionals of 
     emerging best practices and treatment protocols around COVID-
     19.
       (d) Optional Additional Uses of Funds.--An eligible entity 
     receiving a grant under this section may use funds received 
     through the grant for--
       (1) equipment to support the use and expansion of 
     technology-enabled collaborative learning and capacity 
     building models, including hardware and software that enables 
     distance learning, health care provider support, and the 
     secure exchange of electronic health information;
       (2) the participation of multidisciplinary expert team 
     members to facilitate and lead technology-enabled 
     collaborative learning sessions, and professionals and staff 
     assisting in the development and execution of technology-
     enabled collaborative learning;
       (3) the development of instructional programming and the 
     training of health care providers and other professionals 
     that provide or assist in the provision of services through 
     technology-enabled collaborative learning and capacity 
     building models; and
       (4) other activities consistent with achieving the 
     objectives of the grants awarded under this section.
       (e) Technology-enabled Collaborative Learning and Capacity 
     Building Model Defined.--In this section, the term 
     ``technology-enabled collaborative learning and capacity 
     building model'' has the meaning given that term in section 
     2(7) of the Expanding Capacity for Health Outcomes Act 
     (Public Law 114-270; 130 Stat. 1395).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000, to 
     remain available until expended.

     SEC. 30614. ADDITIONAL FUNDING FOR MEDICAL RESERVE CORPS.

       Section 2813 of the Public Health Service Act (42 U.S.C. 
     300hh-15) is amended by striking ``$11,200,000 for each of 
     fiscal years 2019 through 2023'' and inserting ``$31,200,000 
     for each of fiscal years 2020 and 2021 and $11,200,000 for 
     each of fiscal years 2022 and 2023''.

     SEC. 30615. GRANTS FOR SCHOOLS OF MEDICINE IN DIVERSE AND 
                   UNDERSERVED AREAS.

       Subpart II of part C of title VII of the Public Health 
     Service Act is amended by inserting after section 749B of 
     such Act (42 U.S.C. 293m) the following:

     ``SEC. 749C. SCHOOLS OF MEDICINE IN UNDERSERVED AREAS.

       ``(a) Grants.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may award grants to institutions of higher 
     education (including multiple institutions of higher 
     education applying jointly) for the establishment, 
     improvement, and expansion of an allopathic or osteopathic 
     school of medicine, or a branch campus of an allopathic or 
     osteopathic school of medicine.

[[Page H2104]]

       ``(b) Priority.--In selecting grant recipients under this 
     section, the Secretary shall give priority to institutions of 
     higher education that--
       ``(1) propose to use the grant for an allopathic or 
     osteopathic school of medicine, or a branch campus of an 
     allopathic or osteopathic school of medicine, in a combined 
     statistical area with fewer than 200 actively practicing 
     physicians per 100,000 residents according to the medical 
     board (or boards) of the State (or States) involved;
       ``(2) have a curriculum that emphasizes care for diverse 
     and underserved populations; or
       ``(3) are minority-serving institutions described in the 
     list in section 371(a) of the Higher Education Act of 1965.
       ``(c) Use of Funds.--The activities for which a grant under 
     this section may be used include--
       ``(1) planning and constructing--
       ``(A) a new allopathic or osteopathic school of medicine in 
     an area in which no other school is based; or
       ``(B) a branch campus of an allopathic or osteopathic 
     school of medicine in an area in which no such school is 
     based;
       ``(2) accreditation and planning activities for an 
     allopathic or osteopathic school of medicine or branch 
     campus;
       ``(3) hiring faculty and other staff to serve at an 
     allopathic or osteopathic school of medicine or branch 
     campus;
       ``(4) recruitment and enrollment of students at an 
     allopathic or osteopathic school of medicine or branch 
     campus;
       ``(5) supporting educational programs at an allopathic or 
     osteopathic school of medicine or branch campus;
       ``(6) modernizing infrastructure or curriculum at an 
     existing allopathic or osteopathic school of medicine or 
     branch campus thereof;
       ``(7) expanding infrastructure or curriculum at existing an 
     allopathic or osteopathic school of medicine or branch 
     campus; and
       ``(8) other activities that the Secretary determines 
     further the development, improvement, and expansion of an 
     allopathic or osteopathic school of medicine or branch campus 
     thereof.
       ``(d) Definitions.--In this section:
       ``(1) The term `branch campus' means a geographically 
     separate site at least 100 miles from the main campus of a 
     school of medicine where at least one student completes at 
     least 60 percent of the student's training leading to a 
     degree of doctor of medicine.
       ``(2) The term `institution of higher education' has the 
     meaning given to such term in section 101(a) of the Higher 
     Education Act of 1965.
       ``(e) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated 
     $1,000,000,000, to remain available until expended.''.

     SEC. 30616. GAO STUDY ON PUBLIC HEALTH WORKFORCE.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study on the public health workforce 
     in the United States during the COVID-19 pandemic.
       (b) Topics.--The study under subsection (a) shall address--
       (1) existing gaps in the Federal, State, local, Tribal, and 
     territorial public health workforce, including--
       (A) epidemiological and disease intervention specialists 
     needed during the pandemic for contact tracing, laboratory 
     technicians necessary for testing, community health workers 
     for community supports and services, and other staff 
     necessary for contact tracing, testing, or surveillance 
     activities; and
       (B) other personnel needed during the COVID-19 pandemic;
       (2) challenges associated with the hiring, recruitment, and 
     retention of the Federal, State, local, Tribal, and 
     territorial public health workforce; and
       (3) recommended steps the Federal Government should take to 
     improve hiring, recruitment, and retention of the public 
     health workforce.
       (c) Report.--Not later than December 1, 2021, the 
     Comptroller General shall submit to the Congress a report on 
     the findings of the study conducted under this section.

     SEC. 30617. LONGITUDINAL STUDY ON THE IMPACT OF COVID-19 ON 
                   RECOVERED PATIENTS.

       Part A of title IV of the Public Health Service Act (42 
     U.S.C. 281 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 404O. LONGITUDINAL STUDY ON THE IMPACT OF COVID-19 ON 
                   RECOVERED PATIENTS.

       ``(a) In General.--The Director of NIH, in consultation 
     with the Director of the Centers for Disease Control and 
     Prevention, shall conduct a longitudinal study, over not less 
     than 10 years, on the full impact of SARS-CoV-2 or COVID-19 
     on infected individuals, including both short-term and long-
     term health impacts.
       ``(b) Timing.--The Director of NIH shall begin enrolling 
     patients in the study under this section not later than 6 
     months after the date of enactment of this section.
       ``(c) Requirements.--The study under this section shall--
       ``(1) be nationwide;
       ``(2) include diversity of enrollees to account for gender, 
     age, race, ethnicity, geography, comorbidities, and 
     underrepresented populations, including pregnant and 
     lactating women;
       ``(3) study individuals with COVID-19 who experienced mild 
     symptoms, such individuals who experienced moderate symptoms, 
     and such individuals who experienced severe symptoms;
       ``(4) monitor the health outcomes and symptoms of 
     individuals with COVID-19, or who had prenatal exposure to 
     SARS-CoV-2 or COVID-19, including lung capacity and function, 
     and immune response, taking into account any pharmaceutical 
     interventions such individuals may have received;
       ``(5) monitor the mental health outcomes of individuals 
     with COVID-19, taking into account any interventions that 
     affected mental health; and
       ``(6) monitor individuals enrolled in the study not less 
     frequently than twice per year after the first year of the 
     individual's infection with SARS-CoV-2.
       ``(d) Public-private Research Network.--For purposes of 
     carrying out the study under this section, the Director of 
     NIH may develop a network of public-private research 
     partners, provided that all research, including the research 
     carried out through any such partner, is available publicly.
       ``(e) Summaries of Findings.--The Director of NIH shall 
     make public a summary of findings under this section not less 
     frequently than once every 3 months for the first 2 years of 
     the study, and not less frequently than every 6 months 
     thereafter. Such summaries may include information about how 
     the findings of the study under this section compare with 
     findings from research conducted abroad.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000,000, to 
     remain available until expended.''.

     SEC. 30618. RESEARCH ON THE MENTAL HEALTH IMPACT OF COVID-19.

       (a) In General.--The Secretary, acting through the Director 
     of the National Institute of Mental Health, shall conduct or 
     support research on the mental health consequences of SARS-
     CoV-2 or COVID-19.
       (b) Use of Funds.--Research under subsection (a) may 
     include the following:
       (1) Research on the mental health impact of SARS-CoV-2 or 
     COVID-19 on health care providers, including--
       (A) traumatic stress;
       (B) psychological distress; and
       (C) psychiatric disorders.
       (2) Research on the impact of SARS-CoV-2 or COVID-19 
     stressors on mental health over time.
       (3) Research to strengthen the mental health response to 
     SARS-CoV-2 or COVID-19, including adapting to and maintaining 
     or providing additional services for new or increasing mental 
     health needs.
       (4) Research on the reach, efficiency, effectiveness, and 
     quality of digital mental health interventions.
       (5) Research on effectiveness of strategies for 
     implementation and delivery of evidence-based mental health 
     interventions and services for underserved populations.
       (6) Research on suicide prevention.
       (c) Research Coordination.--The Secretary shall coordinate 
     activities under this section with similar activities 
     conducted by national research institutes and centers of the 
     National Institutes of Health to the extent that such 
     institutes and centers have responsibilities that are related 
     to the mental health consequences of SARS-CoV-2 or COVID-19.
       (d) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated $200,000,000, 
     to remain available until expended.

     SEC. 30619. EMERGENCY MENTAL HEALTH AND SUBSTANCE USE 
                   TRAINING AND TECHNICAL ASSISTANCE CENTER.

       Subpart 3 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb-31 et seq.) is amended by inserting 
     after section 520A (42 U.S.C. 290bb-32) the following:

     ``SEC. 520B. EMERGENCY MENTAL HEALTH AND SUBSTANCE USE 
                   TRAINING AND TECHNICAL ASSISTANCE CENTER.

       ``(a) Establishment.--The Secretary, acting through the 
     Assistant Secretary, shall establish or operate a center to 
     be known as the Emergency Mental Health and Substance Use 
     Training and Technical Assistance Center (referred to in this 
     section as the `Center') to provide technical assistance and 
     support--
       ``(1) to public or nonprofit entities seeking to establish 
     or expand access to mental health and substance use 
     prevention, treatment, and recovery support services, and 
     increase awareness of such services; and
       ``(2) to public health professionals, health care 
     professionals and support staff, essential workers (as 
     defined by a State, Tribe, locality, or territory), and 
     members of the public to address the trauma, stress, and 
     mental health needs associated with an emergency period.
       ``(b) Assistance and Support.--The assistance and support 
     provided under subsection (a) shall include assistance and 
     support with respect to--
       ``(1) training on identifying signs of trauma, stress, and 
     mental health needs;
       ``(2) providing accessible resources to assist individuals 
     and families experiencing trauma, stress, or other mental 
     health needs during and after an emergency period;
       ``(3) providing resources for substance use disorder 
     prevention, treatment, and recovery designed to assist 
     individuals and families during and after an emergency 
     period;
       ``(4) the provision of language access services, including 
     translation services, interpretation, or other such services 
     for individuals with limited English speaking proficiency or 
     people with disabilities; and
       ``(5) evaluation and improvement, as necessary, of the 
     effectiveness of such services provided by public or 
     nonprofit entities.
       ``(c) Best Practices.--The Center shall periodically issue 
     best practices for use by organizations seeking to provide 
     mental health services or substance use disorder prevention, 
     treatment, or recovery services to individuals during and 
     after an emergency period.
       ``(d) Emergency Period.--In this section, the term 
     `emergency period' has the meaning given such term in section 
     1135(g)(1)(A) of the Social Security Act.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2020 and 2021.''.

[[Page H2105]]

  


     SEC. 30620. IMPORTANCE OF THE BLOOD AND PLASMA SUPPLY.

       (a) In General.--Section 3226 of the CARES Act (Public Law 
     116-136) is amended--
       (1) in the section heading after ``blood'' by inserting 
     ``and plasma''; and
       (2) by inserting after ``blood'' each time it appears ``and 
     plasma''.
       (b) Conforming Amendment.--The item relating to section 
     3226 in the table of contents in section 2 of the CARES Act 
     (Public Law 116-136) is amended to read as follows:

``Sec. 3226. Importance of the blood and plasma supply.''.

          Subtitle B--Assistance for Individuals and Families

     SEC. 30631. REIMBURSEMENT FOR ADDITIONAL HEALTH SERVICES 
                   RELATING TO CORONAVIRUS.

       Title V of division A of the Families First Coronavirus 
     Response Act (Public Law 116-127) is amended under the 
     heading ``Department of Health and Human Services--Office of 
     the Secretary--Public Health and Social Services Emergency 
     Fund'' by inserting ``, or treatment related to SARS-CoV-2 or 
     COVID-19 for uninsured individuals'' after ``or visits 
     described in paragraph (2) of such section for uninsured 
     individuals''.

     SEC. 30632. CENTERS FOR DISEASE CONTROL AND PREVENTION COVID-
                   19 RESPONSE LINE.

       (a) In General.--During the public health emergency 
     declared by the Secretary pursuant to section 319 of the 
     Public Health Service Act (42 U.S.C. 247d) on January 31, 
     2020 with respect to COVID-19, the Secretary, acting through 
     the Director of the Centers for Disease Control and 
     Prevention, shall maintain a toll-free telephone number to 
     address public health queries, including questions concerning 
     COVID-19.
       (b) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated $10,000,000, 
     to remain available until expended.

     SEC. 30633. GRANTS TO ADDRESS SUBSTANCE USE DURING COVID-19.

       (a) In General.--The Assistant Secretary for Mental Health 
     and Substance Use of the Department of Health and Human 
     Services (in this section referred to as the ``Assistant 
     Secretary''), in consultation with the Director of the 
     Centers for Disease Control and Prevention, shall award 
     grants to States, political subdivisions of States, Tribes, 
     Tribal organizations, and community-based entities to address 
     the harms of drug misuse, including by--
       (1) preventing and controlling the spread of infectious 
     diseases, such as HIV/AIDS and viral hepatitis, and the 
     consequences of such diseases for individuals with substance 
     use disorder;
       (2) connecting individuals at risk for or with a substance 
     use disorder to overdose education, counseling, and health 
     education; or
       (3) encouraging such individuals to take steps to reduce 
     the negative personal and public health impacts of substance 
     use or misuse during the emergency period.
       (b) Considerations.--In awarding grants under this section, 
     the Assistant Secretary shall prioritize grants to applicants 
     proposing to serve areas with--
       (1) a high proportion of people who meet criteria for 
     dependence on or abuse of illicit drugs who have not received 
     any treatment;
       (2) high drug overdose death rates;
       (3) high telemedicine infrastructure needs; and
       (4) high behavioral health and substance use disorder 
     workforce needs.
       (c) Definition.--In this section, the term ``emergency 
     period'' has the meaning given to such term in section 
     1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
     5(g)(1)(B))).
       (d) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated $10,000,000, 
     to remain available until expended.

     SEC. 30634. GRANTS TO SUPPORT INCREASED BEHAVIORAL HEALTH 
                   NEEDS DUE TO COVID-19.

       (a) In General.--The Secretary, acting through the 
     Assistant Secretary of Mental Health and Substance Use, shall 
     award grants to States, political subdivisions of States, 
     Indian Tribes and Tribal organizations, community-based 
     entities, and primary care and behavioral health 
     organizations to address behavioral health needs caused by 
     the public health emergency declared pursuant to section 319 
     of the Public Health Service Act (42 U.S.C. 247d) with 
     respect to COVID-19.
       (b) Use of Funds.--An entity that receives a grant under 
     subsection (a) may use funds received through such grant to--
       (1) increase behavioral health treatment and prevention 
     capacity, including to--
       (A) promote coordination among local entities;
       (B) train the behavioral health workforce, relevant 
     stakeholders, and community members;
       (C) upgrade technology to support effective delivery of 
     health care services through telehealth modalities;
       (D) purchase medical supplies and equipment for behavioral 
     health treatment entities and providers;
       (E) address surge capacity for behavioral health needs such 
     as through mobile units; and
       (F) promote collaboration between primary care and mental 
     health providers; and
       (2) support or enhance behavioral health services, 
     including--
       (A) emergency crisis intervention, including mobile crisis 
     units, 24/7 crisis call centers, and medically staffed crisis 
     stabilization programs;
       (B) screening, assessment, diagnosis, and treatment;
       (C) mental health awareness trainings;
       (D) evidence-based suicide prevention;
       (E) evidence-based integrated care models;
       (F) community recovery supports;
       (G) outreach to underserved and minority communities; and
       (H) for front line health care workers.
       (c) Priority.--The Secretary shall give priority to 
     applicants proposing to serve areas with a high number of 
     COVID-19 cases.
       (d) Evaluation.--An entity that receives a grant under this 
     section shall prepare and submit an evaluation to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require, 
     including--
       (1) an evaluation of activities carried out with funds 
     received through the grant; and
       (2) a process and outcome evaluation.
       (e) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated $50,000,000 
     for each of fiscal years 2020 and 2021, to remain available 
     until expended.

                    Subtitle C--Assistance to Tribes

     SEC. 30641. IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH 
                   SECURITY.

       Section 319C-1 of the Public Health Service Act (42 U.S.C. 
     247d-3a) is amended--
       (1) in the section heading, by striking ``and local'' and 
     inserting ``, local, and tribal'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``or'' at the end;
       (ii) in subparagraph (C), by striking ``and'' at the end 
     and inserting ``or''; and
       (iii) by adding at the end the following:
       ``(D) be an Indian Tribe, Tribal organization, or a 
     consortium of Indian Tribes or Tribal organizations; and''; 
     and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, as applicable'' after ``including'';
       (ii) in subparagraph (A)(viii)--

       (I) by inserting ``and Tribal'' after ``with State'';
       (II) by striking ``(as defined in section 8101 of the 
     Elementary and Secondary Education Act of 1965)'' and 
     inserting ``and Tribal educational agencies (as defined in 
     sections 8101 and 6132, respectively, of the Elementary and 
     Secondary Education Act of 1965)''; and
       (III) by inserting ``and Tribal'' after ``and State'';

       (iii) in subparagraph (G), by striking ``and tribal'' and 
     inserting ``Tribal, and urban Indian organization''; and
       (iv) in subparagraph (H), by inserting ``, Indian Tribes, 
     and urban Indian organizations'' after ``public health'';
       (3) in subsection (e), by inserting ``Indian Tribes, Tribal 
     organizations, urban Indian organizations,'' after ``local 
     emergency plans,'';
       (4) in subsection (g)(1), by striking ``tribal officials'' 
     and inserting ``Tribal officials'';
       (5) in subsection (h)--
       (A) in paragraph (1)(A)--
       (i) by striking ``through 2023'' and inserting ``and 
     2020''; and
       (ii) by inserting before the period ``; and $690,000,000 
     for each of fiscal years 2021 through 2023 for awards 
     pursuant to paragraph (3) (subject to the authority of the 
     Secretary to make awards pursuant to paragraphs (4) and (5)) 
     and paragraph (8), of which not less than $5,000,000 shall be 
     reserved each fiscal year for awards under paragraph (8)'';
       (B) in subsection (h)(2)(B), by striking ``tribal public'' 
     and inserting ``Tribal public'';
       (C) in the heading of paragraph (3), by inserting ``for 
     states'' after ``amount''; and
       (D) by adding at the end the following:
       ``(8) Tribal eligible entities.--
       ``(A) Determination of funding amount.--
       ``(i) In general.--The Secretary shall award at least 10 
     cooperative agreements under this section, in amounts not 
     less than the minimum amount determined under clause (ii), to 
     eligible entities described in subsection (b)(1)(D) that 
     submits to the Secretary an application that meets the 
     criteria of the Secretary for the receipt of such an award 
     and that meets other reasonable implementation conditions 
     established by the Secretary, in consultation with Indian 
     Tribes, for such awards. If the Secretary receives more than 
     10 applications under this section from eligible entities 
     described in subsection (b)(1)(D) that meet the criteria and 
     conditions described in the previous sentence, the Secretary, 
     in consultation with Indian Tribes, may make additional 
     awards under this section to such entities.
       ``(ii) Minimum amount.--In determining the minimum amount 
     of an award pursuant to clause (i), the Secretary, in 
     consultation with Indian Tribes, shall first determine an 
     amount the Secretary considers appropriate for the eligible 
     entity.
       ``(B) Available until expended.--Amounts provided to a 
     Tribal eligible entity under a cooperative agreement under 
     this section for a fiscal year and remaining unobligated at 
     the end of such year shall remain available to such entity 
     during the entirety of the performance period, for the 
     purposes for which said funds were provided.
       ``(C) No matching requirement.--Subparagraphs (B), (C), and 
     (D) of paragraph (1) shall not apply with respect to 
     cooperative agreements awarded under this section to eligible 
     entities described in subsection (b)(1)(D).''; and
       (6) by adding at the end the following:
       ``(l) Special Rules Related to Tribal Eligible Entities.--
       ``(1) Modifications.--After consultation with Indian 
     Tribes, the Secretary may make necessary and appropriate 
     modifications to the program under this section to facilitate 
     the use of the cooperative agreement program by eligible 
     entities described in subsection (b)(1)(D).
       ``(2) Waivers.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary may waive or specify alternative requirements 
     for any provision of this section (including regulations) 
     that

[[Page H2106]]

     the Secretary administers in connection with this section if 
     the Secretary finds that the waiver or alternative 
     requirement is necessary for the effective delivery and 
     administration of this program with respect to eligible 
     entities described in subsection (b)(1)(D).
       ``(B) Exception.--The Secretary may not waive or specify 
     alternative requirements under subparagraph (A) relating to 
     labor standards or the environment.
       ``(3) Consultation.--The Secretary shall consult with 
     Indian Tribes and Tribal organizations on the design of this 
     program with respect to such Tribes and organizations to 
     ensure the effectiveness of the program in enhancing the 
     security of Indian Tribes with respect to public health 
     emergencies.
       ``(4) Reporting.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subsection, and as an addendum to the 
     biennial evaluations required under subsection (k), the 
     Secretary, in coordination with the Director of the Indian 
     Health Service, shall--
       ``(i) conduct a review of the implementation of this 
     section with respect to eligible entities described in 
     subsection (b)(1)(D), including any factors that may have 
     limited its success; and
       ``(ii) submit a report describing the results of the review 
     described in clause (i) to--

       ``(I) the Committee on Indian Affairs, the Committee on 
     Health, Education, Labor and Pensions, and the Committee on 
     Appropriations of the Senate; and
       ``(II) the Subcommittee for Indigenous Peoples of the 
     United States of the Committee on Natural Resources, the 
     Committee on Energy and Commerce, and the Committee on 
     Appropriations of the House of Representatives.

       ``(B) Analysis of tribal public health emergency 
     infrastructure limitation.--The Secretary shall include in 
     the initial report submitted under subparagraph (A) a 
     description of any public health emergency infrastructure 
     limitation encountered by eligible entities described in 
     subsection (b)(1)(D).''.

     SEC. 30642. PROVISION OF ITEMS TO INDIAN PROGRAMS AND 
                   FACILITIES.

       (a) Strategic National Stockpile.--Section 319F-2(a)(3)(G) 
     of the Public Health Service Act (42 U.S.C. 247d-6b(a)(3)(G)) 
     is amended by inserting ``, and, in the case that the 
     Secretary deploys the stockpile under this subparagraph, 
     ensure, in coordination with the applicable States and 
     programs and facilities, that appropriate drugs, vaccines and 
     other biological products, medical devices, and other 
     supplies are deployed by the Secretary directly to health 
     programs or facilities operated by the Indian Health Service, 
     an Indian Tribe, a Tribal organization (as those terms are 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304)), or an inter-
     Tribal consortium (as defined in section 501 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5381)) or through an urban Indian organization (as defined in 
     section 4 of the Indian Health Care Improvement Act), while 
     avoiding duplicative distributions to such programs or 
     facilities'' before the semicolon.
       (b) Distribution of Qualified Pandemic or Epidemic Products 
     to IHS Facilities.--Title III of the Public Health Service 
     Act (42 U.S.C. 241 et seq.) is amended by inserting after 
     section 319F-4 the following:

     ``SEC. 319F-5. DISTRIBUTION OF QUALIFIED PANDEMIC OR EPIDEMIC 
                   PRODUCTS TO INDIAN PROGRAMS AND FACILITIES.

       ``In the case that the Secretary distributes qualified 
     pandemic or epidemic products (as defined in section 319F-
     3(i)(7)) to States or other entities, the Secretary shall 
     ensure, in coordination with the applicable States and 
     programs and facilities, that, as appropriate, such products 
     are distributed directly to health programs or facilities 
     operated by the Indian Health Service, an Indian Tribe, a 
     Tribal organization (as those terms are defined in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304)), or an inter-Tribal consortium (as defined 
     in section 501 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5381)) or through an urban Indian 
     organization (as defined in section 4 of the Indian Health 
     Care Improvement Act), while avoiding duplicative 
     distributions to such programs or facilities.''.


 =========================== NOTE =========================== 

  
  May 15, 2020, on page H2106, the following appeared: SEC. 30643. 
PROPER AND REIMBURSED CARE FOR NATIVE VETERANS. Section 405(c) of 
the Indian Health Care Improvement Act (25 U.S.C. 1645(c)) is 
amended by inserting before the period at the end the following: 
``, regardless of whether such services are provided directly by 
the Service, an Indian tribe, or tribal organization, through 
contract health services, or through a contract for travel 
described in section 213(b)''. SEC. 30644. AMENDMENT TO THE INDIAN 
HEALTH CARE IMPROVEMENT ACT. Section 409 of the Indian Health Care 
Improvement Act (25 U.S.C. 1647b) is amended by inserting ``or the 
Tribally Controlled Schools Act of 1988 (25 U.S.C . 2501 et 
seq.)'' after ``(25 U.S.C. 450 et seq.)''.
  
  The online version has been corrected with the copy cited above 
deleted.


 ========================= END NOTE ========================= 


                        TITLE VII--OTHER MATTERS

     SEC. 30701. NON-DISCRIMINATION.

       (a) In General.--Notwithstanding any provision of a covered 
     law (or an amendment made in any such provision), no person 
     otherwise eligible shall be excluded from participation in, 
     denied the benefits of, or subjected to discrimination in the 
     administration of, programs and services receiving funding 
     under a covered law (or an amendment made by a provision of 
     such a covered law), based on any factor that is not merit-
     based, such as age, disability, sex (including sexual 
     orientation, gender identity, and pregnancy, childbirth, and 
     related medical conditions), race, color, national origin, 
     immigration status, or religion.
       (b) Covered Law Defined.--In this section, the term 
     ``covered law'' includes--
       (1) this Act (other than this section);
       (2) title I of division B of the Paycheck Protection 
     Program and Healthcare Enhancement Act (Public Law 116-139);
       (3) subtitles A, D, and E of title III of the CARES Act 
     (Public Law 116-136);
       (4) division F of the Families First Coronavirus Relief Act 
     (Public Law 116-127); and
       (5) division B of the Coronavirus Preparedness and Response 
     Supplemental Appropriations Act, 2020 (Public Law 116-123).

                   DIVISION D--RETIREMENT PROVISIONS

     SEC. 40001. SHORT TITLE.

       This division may be cited as the ``Emergency Pension Plan 
     Relief Act of 2020''.

            TITLE I--RELIEF FOR MULTIEMPLOYER PENSION PLANS

     SEC. 40101. SPECIAL PARTITION RELIEF.

       (a) Appropriation.--Section 4005 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1305) is amended by 
     adding at the end the following:
       ``(i)(1) An eighth fund shall be established for partition 
     assistance to multiemployer pension plans, as provided under 
     section 4233A, and to pay for necessary administrative and 
     operating expenses relating to such assistance.
       ``(2) There is appropriated from the general fund such 
     amounts as necessary for the costs of providing partition 
     assistance under section 4233A and necessary administrative 
     and operating expenses. The eighth fund established under 
     this subsection shall be credited with such amounts from time 
     to time as the Secretary of the Treasury determines 
     appropriate, from the general fund of the Treasury, and such 
     amounts shall remain available until expended.''.
       (b) Special Partition Authority.--The Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is 
     amended by inserting after section 4233 the following:

     ``SEC. 4233A. SPECIAL PARTITION RELIEF.

       ``(a) Special Partition Authority.--
       ``(1) In general.--Upon the application of a plan sponsor 
     of an eligible multiemployer plan for partition of the plan 
     under this section, the corporation shall order a partition 
     of the plan in accordance with this section.
       ``(2) Inapplicability of certain repayment obligation.--A 
     plan receiving partition assistance pursuant to this section 
     shall not be subject to repayment obligations under section 
     4261(b)(2).
       ``(b) Eligible Plans.--
       ``(1) In general.--For purposes of this section, a 
     multiemployer plan is an eligible multiemployer plan if--
       ``(A) the plan is in critical and declining status (within 
     the meaning of section 305(b)(6)) in any plan year beginning 
     in 2020 through 2024;
       ``(B) a suspension of benefits has been approved with 
     respect to the plan under section 305(e)(9) as of the date of 
     the enactment of this section;
       ``(C) in any plan year beginning in 2020 through 2024, the 
     plan is certified by the plan actuary to be in critical 
     status (within the meaning of section 305(b)(2)), has a 
     modified funded percentage of less than 40 percent, and has a 
     ratio of active to inactive participants which is less than 2 
     to 3; or
       ``(D) the plan is insolvent for purposes of section 418E of 
     the Internal Revenue Code of 1986 as of the date of enactment 
     of this section, if the plan became insolvent after December 
     16, 2014, and has not been terminated by such date of 
     enactment.
       ``(2) Modified funded percentage.--For purposes of 
     paragraph (1)(C), the term `modified funded percentage' means 
     the percentage equal to a fraction the numerator of which is 
     current value of plan assets (as defined in section 3(26) of 
     such Act) and the denominator of which is current liabilities 
     (as defined in section 431(c)(6)(D) of such Code and section 
     304(c)(6)(D) of such Act).
       ``(c) Applications for Special Partition.--
       ``(1) Guidance.--The corporation shall issue guidance 
     setting forth requirements for special partition applications 
     under this section not later than 120 days after the date of 
     the enactment of this section. In such guidance, the 
     corporation shall--
       ``(A) limit the materials required for a special partition 
     application to the minimum necessary to make a determination 
     on the application; and
       ``(B) provide for an alternate application for special 
     partition under this section, which may be used by a plan 
     that has been approved for a partition under section 4233 
     before the date of enactment of this section.
       ``(2) Temporary priority consideration of applications.--
       ``(A) In general.--The corporation may specify in guidance 
     under paragraph (1) that, during the first 2 years following 
     the date of enactment of this section, special partition 
     applications will be provided priority consideration, if--
       ``(i) the plan is likely to become insolvent within 5 years 
     of the date of enactment of this section;
       ``(ii) the corporation projects a plan to have a present 
     value of financial assistance payments under section 4261 
     that exceeds $1,000,000,000 if the special partition is not 
     ordered;
       ``(iii) the plan has implemented benefit suspensions under 
     section 305(e)(9) as of the date of the enactment of this 
     section; or
       ``(iv) the corporation determines it appropriate based on 
     other circumstances.
       ``(B) No effect on amount of assistance.--A plan that is 
     approved for special partition assistance under this section 
     shall not receive reduced special partition assistance on 
     account of not receiving priority consideration under 
     subparagraph (A).
       ``(3) Actuarial assumptions and other information.--The 
     corporation shall accept assumptions incorporated in a 
     multiemployer

[[Page H2107]]

     plan's determination that it is in critical status or 
     critical and declining status (within the meaning of section 
     305(b)), or that the plan's modified funded percentage is 
     less than 40 percent, unless such assumptions are clearly 
     erroneous. The corporation may require such other information 
     as the corporation determines appropriate for making a 
     determination of eligibility and the amount of special 
     partition assistance necessary under this section.
       ``(4) Application deadline.--Any application by a plan for 
     special partition assistance under this section shall be 
     submitted no later than December 31, 2026, and any revised 
     application for special partition assistance shall be 
     submitted no later than December 31, 2027.
       ``(5) Notice of application.--Not later than 120 days after 
     the date of enactment of this section, the corporation shall 
     issue guidance requiring multiemployer plans to notify 
     participants and beneficiaries that the plan has applied for 
     partition under this section, after the corporation has 
     determined that the application is complete. Such notice 
     shall reference the special partition relief internet website 
     described in subsection (p).
       ``(d) Determinations on Applications.--A plan's application 
     for special partition under this section that is timely filed 
     in accordance with guidance issued under subsection (c)(1) 
     shall be deemed approved and the corporation shall issue a 
     special partition order unless the corporation notifies the 
     plan within 120 days of the filing of the application that 
     the application is incomplete or the plan is not eligible 
     under this section. Such notice shall specify the reasons the 
     plan is ineligible for a special partition or information 
     needed to complete the application. If a plan is denied 
     partition under this subsection, the plan may submit a 
     revised application under this section. Any revised 
     application for special partition submitted by a plan shall 
     be deemed approved unless the corporation notifies the plan 
     within 120 days of the filing of the revised application that 
     the application is incomplete or the plan is not eligible 
     under this section. A special partition order issued by the 
     corporation shall be effective no later than 120 days after a 
     plan's special partition application is approved by the 
     corporation or deemed approved.
       ``(e) Amount and Manner of Special Partition Assistance.--
       ``(1) In general.--The liabilities of an eligible 
     multiemployer plan that the corporation assumes pursuant to a 
     special partition order under this section shall be the 
     amount necessary for the plan to meet its funding goals 
     described in subsection (g).
       ``(2) No cap.--Liabilities assumed by the corporation 
     pursuant to a special partition order under this section 
     shall not be capped by the guarantee under section 4022A. The 
     corporation shall have discretion on how liabilities of the 
     plan are partitioned.
       ``(f) Successor Plan.--
       ``(1) In general.--The plan created by a special partition 
     order under this section is a successor plan to which section 
     4022A applies.
       ``(2) Plan sponsor and administrator.--The plan sponsor of 
     an eligible multiemployer plan prior to the special partition 
     and the administrator of such plan shall be the plan sponsor 
     and the administrator, respectively, of the plan created by 
     the partition.
       ``(g) Funding Goals.--
       ``(1) In general.--The funding goals of a multiemployer 
     plan eligible for partition under this section are both of 
     the following:
       ``(A) The plan will remain solvent over 30 years with no 
     reduction in a participant's or beneficiary's accrued benefit 
     (except to the extent of a reduction in accordance with 
     section 305(e)(8) adopted prior to the plan's application for 
     partition under this section).
       ``(B) The funded percentage of the plan (disregarding 
     partitioned benefits) at the end of the 30-year period is 
     projected to be 80 percent.
       ``(2) Basis.--The funding projections under paragraph (1) 
     shall be performed on a deterministic basis.
       ``(h) Restoration of Benefit Suspensions.--An eligible 
     multiemployer plan that is partitioned under this section 
     shall--
       ``(1) reinstate any benefits that were suspended under 
     section 305(e)(9) or section 4245(a), effective as of the 
     first month the special partition order is effective, for 
     participants or beneficiaries as of the effective date of the 
     partition; and
       ``(2) provide payments equal to the amount of benefits 
     previously suspended to any participants or beneficiaries in 
     pay status as of the effective date of the special partition, 
     payable in the form of a lump sum within 3 months of such 
     effective date or in equal monthly installments over a period 
     of 5 years, with no adjustment for interest.
       ``(i) Adjustment of Special Partition Assistance.--
       ``(1) In general.--Every 5 years, the corporation shall 
     adjust the special partition assistance described in 
     subsection (e) as necessary for the eligible multiemployer 
     plan to satisfy the funding goals described in subsection 
     (g). If the 30 year period described in subsection (g) has 
     lapsed, in applying this paragraph, 5 years shall be 
     substituted for 30 years.
       ``(2) Submission of information.--An eligible multiemployer 
     plan that is the subject of a special partition order under 
     subsection (a) shall submit such information as the 
     corporation may require to determine the amount of the 
     adjustment under paragraph (1).
       ``(3) Cessation of adjustments.--Adjustments under this 
     subsection with respect to special partition assistance for 
     an eligible multiemployer plan shall cease and the 
     corporation shall permanently assume liability for payment of 
     any benefits transferred to the successor plan (subject to 
     subsection (l)) beginning with the first plan year that the 
     funded percentage of the eligible multiemployer plan 
     (disregarding partitioned benefits) is at least 80 percent 
     and the plan's projected funded percentage for each of the 
     next 10 years is at least 80 percent. Any accumulated funding 
     deficiency of the plan (within the meaning of section 304(a)) 
     shall be reduced to zero as of the first day of the plan year 
     for which partition assistance is permanent under this 
     paragraph.
       ``(j) Conditions on Plans During Partition.--
       ``(1) In general.--The corporation may impose, by 
     regulation, reasonable conditions on an eligible 
     multiemployer plan that is partitioned under section (a) 
     relating to increases in future accrual rates and any 
     retroactive benefit improvements, allocation of plan assets, 
     reductions in employer contribution rates, diversion of 
     contributions to, and allocation of, expenses to other 
     retirement plans, and withdrawal liability.
       ``(2) Limitations.--The corporation shall not impose 
     conditions on an eligible multiemployer plan as a condition 
     of or following receipt of such partition assistance under 
     this section relating to--
       ``(A) any reduction in plan benefits (including benefits 
     that may be adjusted pursuant to section 305(e)(8));
       ``(B) plan governance, including selection of, removal of, 
     and terms of contracts with, trustees, actuaries, investment 
     managers, and other service providers; or
       ``(C) any funding rules relating to the plan that is 
     partitioned under this section.
       ``(3) Condition.--An eligible multiemployer plan that is 
     partitioned under subsection (a) shall continue to pay all 
     premiums due under section 4007 for participants and 
     beneficiaries in the plan created by a special partition 
     order until the plan year beginning after a cessation of 
     adjustments applies under subsection (i).
       ``(k) Withdrawal Liability.--An employer's withdrawal 
     liability for purposes of this title shall be calculated 
     taking into account any plan liabilities that are partitioned 
     under subsection (a) until the plan year beginning after the 
     expiration of 15 calendar years from the effective date of 
     the partition.
       ``(l) Cessation of Partition Assistance.--If a plan that 
     receives partition assistance under this section becomes 
     insolvent for purposes of section 418E of the Internal 
     Revenue Code of 1986, the plan shall no longer be eligible 
     for assistance under this section and shall be eligible for 
     assistance under section 4261.
       ``(m) Reporting.--An eligible multiemployer plan that 
     receives partition assistance under this section shall file 
     with the corporation a report, including the following 
     information, in such manner (which may include electronic 
     filing requirements) and at such time as the corporation 
     requires:
       ``(1) The funded percentage (as defined in section 
     305(j)(2)) as of the first day of such plan year, and the 
     underlying actuarial value of assets and liabilities taken 
     into account in determining such percentage.
       ``(2) The market value of the assets of the plan 
     (determined as provided in paragraph (1)) as of the last day 
     of the plan year preceding such plan year.
       ``(3) The total value of all contributions made by 
     employers and employees during the plan year preceding such 
     plan year.
       ``(4) The total value of all benefits paid during the plan 
     year preceding such plan year.
       ``(5) Cash flow projections for such plan year and the 9 
     succeeding plan years, and the assumptions used in making 
     such projections.
       ``(6) Funding standard account projections for such plan 
     year and the 9 succeeding plan years, and the assumptions 
     relied upon in making such projections.
       ``(7) The total value of all investment gains or losses 
     during the plan year preceding such plan year.
       ``(8) Any significant reduction in the number of active 
     participants during the plan year preceding such plan year, 
     and the reason for such reduction.
       ``(9) A list of employers that withdrew from the plan in 
     the plan year preceding such plan year, the payment schedule 
     with respect to such withdrawal liability, and the resulting 
     reduction in contributions.
       ``(10) A list of employers that paid withdrawal liability 
     to the plan during the plan year preceding such plan year 
     and, for each employer, a total assessment of the withdrawal 
     liability paid, the annual payment amount, and the number of 
     years remaining in the payment schedule with respect to such 
     withdrawal liability.
       ``(11) Any material changes to benefits, accrual rates, or 
     contribution rates during the plan year preceding such plan 
     year, and whether such changes relate to the conditions of 
     the partition assistance.
       ``(12) Details regarding any funding improvement plan or 
     rehabilitation plan and updates to such plan.
       ``(13) The number of participants and beneficiaries during 
     the plan year preceding such plan year who are active 
     participants, the number of participants and beneficiaries in 
     pay status, and the number of terminated vested participants 
     and beneficiaries.
       ``(14) The information contained on the most recent annual 
     funding notice submitted by the plan under section 101(f).
       ``(15) The information contained on the most recent annual 
     return under section 6058 of the Internal Revenue Code of 
     1986 and actuarial report under section 6059 of such Code of 
     the plan.
       ``(16) Copies of the plan document and amendments, other 
     retirement benefit or ancillary benefit plans relating to the 
     plan and contribution obligations under such plans, a 
     breakdown of administrative expenses of the plan, participant 
     census data and distribution of benefits, the

[[Page H2108]]

     most recent actuarial valuation report as of the plan year, 
     financial reports, and copies of the portions of collective 
     bargaining agreements relating to plan contributions, funding 
     coverage, or benefits, and such other information as the 
     corporation may reasonably require.

     Any information disclosed by a plan to the corporation that 
     could identify individual employers shall be confidential and 
     not subject to publication or disclosure.
       ``(n) Report to Congress.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section and annually thereafter, the board 
     of directors of the corporation shall submit to the Committee 
     on Health, Education, Labor, and Pensions and the Committee 
     on Finance of the Senate and the Committee on Education and 
     Labor and the Committee on Ways and Means of the House of 
     Representatives a detailed report on the implementation and 
     administration of this section. Such report shall include--
       ``(A) information on the name and number of multiemployer 
     plans that have applied for partition assistance under this 
     section;
       ``(B) the name and number of such plans that have been 
     approved for partition assistance under this section and the 
     name and number of the plans that have not been approved for 
     special partition assistance;
       ``(C) a detailed rationale for any decision by the 
     corporation to not approve an application for special 
     partition assistance;
       ``(D) the amount of special partition assistance provided 
     to eligible multiemployer plans (including amounts provided 
     on an individual plan basis and in the aggregate);
       ``(E) the name and number of the multiemployer plans that 
     restored benefit suspensions and provided lump sum or monthly 
     installment payments to participants or beneficiaries;
       ``(F) the amount of benefits that were restored and lump 
     sum or monthly installment payments that were paid (including 
     amounts provided on an individual plan basis and in the 
     aggregate);
       ``(G) the name and number of the plans that received 
     adjustments to partition assistance under subsection (i);
       ``(H) a list of, and rationale for, each reasonable 
     condition imposed by the corporation on plans approved for 
     special partition assistance under this section;
       ``(I) the contracts that have been awarded by the 
     corporation to implement or administer this section;
       ``(J) the number, purpose, and dollar amounts of the 
     contracts that have been awarded to implement or administer 
     the section;
       ``(K) a detailed summary of the reports required under 
     subsection (m); and
       ``(L) a detailed summary of the feedback received on the 
     pension relief internet website established under subsection 
     (p).
       ``(2) PBGC certification.--The board of directors of the 
     corporation shall include with the report under paragraph (1) 
     a certification and affirmation that the amount of special 
     partition assistance provided to each plan under this section 
     is the amount necessary to meet its funding goals under 
     subsection (g), including, if applicable, any adjustment of 
     special partition assistance as determined under subsection 
     (i).
       ``(3) Confidentiality.--Congress may publicize the reports 
     received under paragraph (1) only after redacting all 
     sensitive or proprietary information.
       ``(o) GAO Report.--Not later than 1 year after the first 
     partition application is approved by the corporation under 
     this section, and biennially thereafter, the Comptroller 
     General of the United States shall submit to the Committee on 
     Health, Education, Labor, and Pensions and the Committee on 
     Finance of the Senate and the Committee on Education and 
     Labor and the Committee on Ways and Means of the House of 
     Representatives a detailed report on the actions of the 
     corporation to implement and administer this section, 
     including an examination of the contracts awarded by such 
     corporation to carry out this section and an analysis of such 
     corporation's compliance with subsections (e) and (g).
       ``(p) Special Partition Relief Website.--
       ``(1) Establishment.--Not later than 120 days after the 
     date of enactment of this section, the corporation shall 
     establish and maintain a user-friendly, public-facing 
     internet website to foster greater accountability and 
     transparency in the implementation and administration of this 
     section.
       ``(2) Purpose.--The internet website established and 
     maintained under paragraph (1) shall be a portal to key 
     information relating to this section for multiemployer plan 
     administrators and trustees, plan participants, 
     beneficiaries, participating employers, other stakeholders, 
     and the public.
       ``(3) Content and function.--The internet website 
     established under paragraph (1) shall--
       ``(A) describe the nature and scope of the special 
     partition authority and assistance under this section in a 
     manner calculated to be understood by the average plan 
     participant;
       ``(B) include published guidance, regulations, and all 
     other relevant information on the implementation and 
     administration of this section;
       ``(C) include, with respect to plan applications for 
     special partition assistance--
       ``(i) a general description of the process by which 
     eligible plans can apply for special partition assistance, 
     information on how and when the corporation will process and 
     consider plan applications;
       ``(ii) information on how the corporation will address any 
     incomplete applications as specified in under this section;
       ``(iii) a list of the plans that have applied for special 
     partition assistance and, for each application, the date of 
     submission of a completed application;
       ``(iv) the text of each plan's completed application for 
     special partition assistance with appropriate redactions of 
     personal, proprietary, or sensitive information;
       ``(v) the estimated date that a decision will be made by 
     the corporation on each application;
       ``(vi) the actual date when such decision is made;
       ``(vii) the corporation's decision on each application; and
       ``(viii) as applicable, a detailed rationale for any 
     decision not to approve a plan's application for special 
     partition assistance;
       ``(D) provide detailed information on each contract 
     solicited and awarded to implement or administer this 
     section;
       ``(E) include reports, audits, and other relevant oversight 
     and accountability information on this section, including the 
     annual reports submitted by the board of directors of the 
     corporation to Congress required under subsection (n), the 
     Office of the Inspector General audits, correspondence, and 
     publications, and the Government Accountability Office 
     reports under subsection (o);
       ``(F) provide a clear means for multiemployer plan 
     administrators, plan participants, beneficiaries, other 
     stakeholders, and the public to contact the corporation and 
     provide feedback on the implementation and administration of 
     this section; and
       ``(G) be regularly updated to carry out the purposes of 
     this subsection.
       ``(q) Office of Inspector General.--There is authorized to 
     be appropriated to the corporation's Office of Inspector 
     General $24,000,000 for fiscal year 2020, which shall remain 
     available through September 30, 2028, for salaries and 
     expenses necessary for conducting investigations and audits 
     of the implementation and administration of this section.
       ``(r) Application of Excise Tax.--During the period that a 
     plan is subject to a partition order under this section and 
     prior to a cessation of adjustments pursuant to subsection 
     (i)(3), the plan shall not be subject to section 4971 of the 
     Internal Revenue Code of 1986.''.

     SEC. 40102. REPEAL OF BENEFIT SUSPENSIONS FOR MULTIEMPLOYER 
                   PLANS IN CRITICAL AND DECLINING STATUS.

       (a) Amendment to Internal Revenue Code of 1986.--Paragraph 
     (9) of section 432(e) of the Internal Revenue Code of 1986 is 
     repealed.
       (b) Amendment to Employee Retirement Income Security Act of 
     1974.--Paragraph (9) of section 305(e) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1085(e)) is 
     repealed.
       (c) Effective Date.--The repeals made by this section shall 
     not apply to plans that have been approved for a suspension 
     of benefit under section 432(e)(9)(G) of the Internal Revenue 
     Code of 1986 and section 305(e)(9)(G) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 
     1085(e)(9)(G)) before the date of the enactment of this Act.

     SEC. 40103. TEMPORARY DELAY OF DESIGNATION OF MULTIEMPLOYER 
                   PLANS AS IN ENDANGERED, CRITICAL, OR CRITICAL 
                   AND DECLINING STATUS.

       (a) In General.--Notwithstanding the actuarial 
     certification under section 305(b)(3) of the Employee 
     Retirement Income Security Act of 1974 and section 432(b)(3) 
     of the Internal Revenue Code of 1986, if a plan sponsor of a 
     multiemployer plan elects the application of this section, 
     then, for purposes of section 305 of such Act and section 432 
     of such Code--
       (1) the status of the plan for its first plan year 
     beginning during the period beginning on March 1, 2020, and 
     ending on February 28, 2021, or the next succeeding plan year 
     (as designated by the plan sponsor in such election), shall 
     be the same as the status of such plan under such sections 
     for the plan year preceding such designated plan year, and
       (2) in the case of a plan which was in endangered or 
     critical status for the plan year preceding the designated 
     plan year described in paragraph (1), the plan shall not be 
     required to update its plan or schedules under section 
     305(c)(6) of such Act and section 432(c)(6) of such Code, or 
     section 305(e)(3)(B) of such Act and section 432(e)(3)(B) of 
     such Code, whichever is applicable, until the plan year 
     following the designated plan year described in paragraph 
     (1).

     If section 305 of the Employee Retirement Income Security Act 
     of 1974 and section 432 of the Internal Revenue Code of 1986 
     did not apply to the plan year preceding the designated plan 
     year described in paragraph (1), the plan actuary shall make 
     a certification of the status of the plan under section 
     305(b)(3) of such Act and section 432(b)(3) of such Code for 
     the preceding plan year in the same manner as if such 
     sections had applied to such preceding plan year.
       (b) Exception for Plans Becoming Critical During 
     Election.--If--
       (1) an election was made under subsection (a) with respect 
     to a multiemployer plan, and
       (2) such plan has, without regard to such election, been 
     certified by the plan actuary under section 305(b)(3) of the 
     Employee Retirement Income Security Act of 1974 and section 
     432(b)(3) of the Internal Revenue Code of 1986 to be in 
     critical status for the designated plan year described in 
     subsection (a)(1), then such plan shall be treated as a plan 
     in critical status for such plan year for purposes of 
     applying section 4971(g)(1)(A) of such Code, section 
     302(b)(3) of such Act (without regard to the second sentence 
     thereof), and section 412(b)(3) of such Code (without regard 
     to the second sentence thereof).
       (c) Election and Notice.--
       (1) Election.--An election under subsection (a)--
       (A) shall be made at such time and in such manner as the 
     Secretary of the Treasury or the Secretary's delegate may 
     prescribe and, once made, may be revoked only with the 
     consent of the Secretary, and
       (B) if made--
       (i) before the date the annual certification is submitted 
     to the Secretary or the Secretary's

[[Page H2109]]

     delegate under section 305(b)(3) of such Act and section 
     432(b)(3) of such Code, shall be included with such annual 
     certification, and
       (ii) after such date, shall be submitted to the Secretary 
     or the Secretary's delegate not later than 30 days after the 
     date of the election.
       (2) Notice to participants.--
       (A) In general.--Notwithstanding section 305(b)(3)(D) of 
     the Employee Retirement Income Security Act of 1974 and 
     section 432(b)(3)(D) of the Internal Revenue Code of 1986, if 
     the plan is neither in endangered nor critical status by 
     reason of an election made under subsection (a)--
       (i) the plan sponsor of a multiemployer plan shall not be 
     required to provide notice under such sections, and
       (ii) the plan sponsor shall provide to the participants and 
     beneficiaries, the bargaining parties, the Pension Benefit 
     Guaranty Corporation, and the Secretary of Labor a notice of 
     the election under subsection (a) and such other information 
     as the Secretary of the Treasury (in consultation with the 
     Secretary of Labor) may require--

       (I) if the election is made before the date the annual 
     certification is submitted to the Secretary or the 
     Secretary's delegate under section 305(b)(3) of such Act and 
     section 432(b)(3) of such Code, not later than 30 days after 
     the date of the certification, and
       (II) if the election is made after such date, not later 
     than 30 days after the date of the election.

       (B) Notice of endangered status.--Notwithstanding section 
     305(b)(3)(D) of such Act and section 432(b)(3)(D) of such 
     Code, if the plan is certified to be in critical status for 
     any plan year but is in endangered status by reason of an 
     election made under subsection (a), the notice provided under 
     such sections shall be the notice which would have been 
     provided if the plan had been certified to be in endangered 
     status.

     SEC. 40104. TEMPORARY EXTENSION OF THE FUNDING IMPROVEMENT 
                   AND REHABILITATION PERIODS FOR MULTIEMPLOYER 
                   PENSION PLANS IN CRITICAL AND ENDANGERED STATUS 
                   FOR 2020 OR 2021.

       (a) In General.--If the plan sponsor of a multiemployer 
     plan which is in endangered or critical status for a plan 
     year beginning in 2020 or 2021 (determined after application 
     of section 4) elects the application of this section, then, 
     for purposes of section 305 of the Employee Retirement Income 
     Security Act of 1974 and section 432 of the Internal Revenue 
     Code of 1986--
       (1) except as provided in paragraph (2), the plan's funding 
     improvement period or rehabilitation period, whichever is 
     applicable, shall be 15 years rather than 10 years, and
       (2) in the case of a plan in seriously endangered status, 
     the plan's funding improvement period shall be 20 years 
     rather than 15 years.
       (b) Definitions and Special Rules.--For purposes of this 
     section--
       (1) Election.--An election under this section shall be made 
     at such time, and in such manner and form, as (in 
     consultation with the Secretary of Labor) the Secretary of 
     the Treasury or the Secretary's delegate may prescribe.
       (2) Definitions.--Any term which is used in this section 
     which is also used in section 305 of the Employee Retirement 
     Income Security Act of 1974 and section 432 of the Internal 
     Revenue Code of 1986 shall have the same meaning as when used 
     in such sections.
       (c) Effective Date.--This section shall apply to plan years 
     beginning after December 31, 2019.

     SEC. 40105. ADJUSTMENTS TO FUNDING STANDARD ACCOUNT RULES.

       (a) Adjustments.--
       (1) Amendment to employee retirement income security act of 
     1974.--Section 304(b)(8) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1084(b)) is amended by adding 
     at the end the following new subparagraph:
       ``(F) Relief for 2020 and 2021.--A multiemployer plan with 
     respect to which the solvency test under subparagraph (C) is 
     met as of February 29, 2020, may elect to apply this 
     paragraph by substituting `February 29, 2020' for `August 31, 
     2008' each place it appears in subparagraphs (A)(i), 
     (B)(i)(I), and (B)(i)(II) (without regard to whether such 
     plan previously elected the application of this paragraph). 
     The preceding sentence shall not apply to a plan with respect 
     to which a partition order is in effect under section 
     4233A.''.
       (2) Amendment to internal revenue code of 1986.--Section 
     431(b)(8) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new subparagraph:
       ``(F) Relief for 2020 and 2021.--A multiemployer plan with 
     respect to which the solvency test under subparagraph (C) is 
     met as of February 29, 2020, may elect to apply this 
     paragraph by substituting `February 29, 2020' for `August 31, 
     2008' each place it appears in subparagraphs (A)(i), 
     (B)(i)(I), and (B)(i)(II) (without regard to whether such 
     plan previously elected the application of this paragraph). 
     The preceding sentence shall not apply to a plan with respect 
     to which a partition order is in effect under section 4233A 
     of the Employee Retirement Income Security Act of 1974.''.
       (b) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     take effect as of the first day of the first plan year ending 
     on or after February 29, 2020, except that any election a 
     plan makes pursuant to this section that affects the plan's 
     funding standard account for the first plan year beginning 
     after February 29, 2020, shall be disregarded for purposes of 
     applying the provisions of section 305 of the Employee 
     Retirement Income Security Act of 1974 and section 432 of the 
     Internal Revenue Code of 1986 to such plan year.
       (2) Restrictions on benefit increases.--Notwithstanding 
     paragraph (1), the restrictions on plan amendments increasing 
     benefits in sections 304(b)(8)(D) of such Act and 
     431(b)(8)(D) of such Code, as applied by the amendments made 
     by this section, shall take effect on the date of enactment 
     of this Act.

     SEC. 40106. PBGC GUARANTEE FOR PARTICIPANTS IN MULTIEMPLOYER 
                   PLANS.

       Section 4022A(c)(1) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1322a(c)(1)) is amended by 
     striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) 100 percent of the accrual rate up to $15, plus 75 
     percent of the lesser of--
       ``(i) $70; or
       ``(ii) the accrual rate, if any, in excess of $15; and
       ``(B) the number of the participant's years of credited 
     service.
     For each calendar year after the first full calendar year 
     following the date of the enactment of the Inspector General 
     Independence Act, the accrual rates in subparagraph (A) shall 
     increase by the national average wage index (as defined in 
     section 209(k)(1) of the Social Security Act). For purposes 
     of this subsection, the rates applicable for determining the 
     guaranteed benefits of the participants of any plan shall be 
     the rates in effect for the calendar year in which the plan 
     becomes insolvent under section 4245 or the calendar year in 
     which the plan is terminated, if earlier.''.

           TITLE II--RELIEF FOR SINGLE EMPLOYER PENSION PLANS

     SEC. 40201. EXTENDED AMORTIZATION FOR SINGLE EMPLOYER PLANS.

       (a) 15-year Amortization Under the Internal Revenue Code of 
     1986.--Section 430(c) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new paragraph:
       ``(8) 15-year amortization.--With respect to plan years 
     beginning after December 31, 2019--
       ``(A) the shortfall amortization bases for all plan years 
     preceding the first plan year beginning after December 31, 
     2019 (and all shortfall amortization installments determined 
     with respect to such bases) shall be reduced to zero, and
       ``(B) subparagraphs (A) and (B) of paragraph (2) shall each 
     be applied by substituting `15-plan-year period' for `7-plan-
     year period'.''.
       (b) 15-year Amortization Under the Employee Retirement 
     Income Security Act of 1974.--Section 303(c) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)) is 
     amended by adding at the end the following new paragraph:
       ``(8) 15-year amortization.--With respect to plan years 
     beginning after December 31, 2019--
       ``(A) the shortfall amortization bases for all plan years 
     preceding the first plan year beginning after December 31, 
     2019 (and all shortfall amortization installments determined 
     with respect to such bases) shall be reduced to zero, and
       ``(B) subparagraphs (A) and (B) of paragraph (2) shall each 
     be applied by substituting `15-plan-year period' for `7-plan-
     year period'.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 2019.

     SEC. 40202. EXTENSION OF PENSION FUNDING STABILIZATION 
                   PERCENTAGES FOR SINGLE EMPLOYER PLANS.

       (a) Amendments to Internal Revenue Code of 1986.--
       (1) In general.--The table contained in subclause (II) of 
     section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 
     is amended to read as follows:


------------------------------------------------------------------------
                                                    The          The
                                                 applicable   applicable
          ``If the calendar year is:              minimum      maximum
                                                 percentage   percentage
                                                    is:          is:
------------------------------------------------------------------------
Any year in the period starting in 2012 and             90%         110%
 ending in 2019...............................
Any year in the period starting in 2020 and             95%         105%
 ending in 2025...............................
2026..........................................          90%         110%
2027..........................................          85%         115%
2028..........................................          80%         120%
2029..........................................          75%         125%
After 2029....................................          70%     130%.''.
------------------------------------------------------------------------


[[Page H2110]]

       (2) Floor on 25-year averages.--Subclause (I) of section 
     430(h)(2)(C)(iv) of such Code is amended by adding at the end 
     the following: ``Notwithstanding anything in this subclause, 
     if the average of the first, second, or third segment rate 
     for any 25-year period is less than 5 percent, such average 
     shall be deemed to be 5 percent.''.
       (b) Amendments to Employee Retirement Income Security Act 
     of 1974.--
       (1) In general.--The table contained in subclause (II) of 
     section 303(h)(2)(C)(iv) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is 
     amended to read as follows:


------------------------------------------------------------------------
                                                    The          The
                                                 applicable   applicable
          ``If the calendar year is:              minimum      maximum
                                                 percentage   percentage
                                                    is:          is:
------------------------------------------------------------------------
Any year in the period starting in 2012 and             90%         110%
 ending in 2019...............................
Any year in the period starting in 2020 and             95%         105%
 ending in 2025...............................
2026..........................................          90%         110%
2027..........................................          85%         115%
2028..........................................          80%         120%
2029..........................................          75%         125%
After 2029....................................          70%     130%.''.
------------------------------------------------------------------------

       (2) Conforming amendments.--
       (A) In general.--Section 101(f)(2)(D) of such Act (29 
     U.S.C. 1021(f)(2)(D)) is amended--
       (i) in clause (i) by striking ``and the Bipartisan Budget 
     Act of 2015'' both places it appears and inserting ``, the 
     Bipartisan Budget Act of 2015, and the Inspector General 
     Independence Act'', and
       (ii) in clause (ii) by striking ``2023'' and inserting 
     ``2029''.
       (B) Statements.--The Secretary of Labor shall modify the 
     statements required under subclauses (I) and (II) of section 
     101(f)(2)(D)(i) of such Act to conform to the amendments made 
     by this section.
       (3) Floor on 25-year averages.--Subclause (I) of section 
     303(h)(2)(C)(iv) of such Act (29 U.S.C. 
     1083(h)(2)(C)(iv)(II)) is amended by adding at the end the 
     following: ``Notwithstanding anything in this subclause, if 
     the average of the first, second, or third segment rate for 
     any 25-year period is less than 5 percent, such average shall 
     be deemed to be 5 percent.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to plan years beginning after 
     December 31, 2019.

             TITLE III--OTHER RETIREMENT RELATED PROVISIONS

     SEC. 40301. WAIVER OF REQUIRED MINIMUM DISTRIBUTIONS FOR 
                   2019.

       (a) In General.--Section 401(a)(9)(I)(i) of the Internal 
     Revenue Code of 1986 is amended by striking ``calendar year 
     2020'' and inserting ``calendar years 2019 and 2020''.
       (b) Eligible Rollover Distributions.--Section 402(c)(4) of 
     such Code is amended by striking ``2020'' each place it 
     appears in the last sentence and inserting ``2019 or 2020''.
       (c) Conforming Amendments.--Section 401(a)(9)(I) of such 
     Code is amended--
       (1) by striking clause (ii) and redesignating clause (iii) 
     as clause (ii), and
       (2) by striking ``calendar year 2020'' in clause (ii)(II), 
     as so redesignated, and inserting ``calendar years 2019 and 
     2020''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     2203 of the Coronavirus Aid, Relief, and Economic Security 
     Act, except that subparagraph (c)(1) thereof shall be applied 
     by substituting ``December 31, 2018'' for ``December 31, 
     2019''.

     SEC. 40302. WAIVER OF 60-DAY RULE IN CASE OF ROLLOVER OF 
                   OTHERWISE REQUIRED MINIMUM DISTRIBUTIONS IN 
                   2019 OR 2020.

       (a) Qualified Trusts.--402(c)(3) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(D) Exception for rollover of otherwise required minimum 
     distributions in 2019 or 2020.--In the case of an eligible 
     rollover distribution described in the second sentence of 
     paragraph (4), subparagraph (A) shall not apply to any 
     transfer of such distribution made before December 1, 
     2020.''.
       (b) Individual Retirement Accounts.--Section 408(d)(3) of 
     such Code is amended by adding at the end the following new 
     subparagraph:
       ``(J) Waiver of 60-day rule and once per-year limitation 
     for certain 2019 and 2020 rollovers.--In the case of a 
     distribution during 2019 or 2020 to which, under subparagraph 
     (E), this paragraph would not have applied had the minimum 
     distribution requirements of section 401(a)(9) applied during 
     such years, the 60-day requirement under subparagraph (A) and 
     the limitation under subparagraph (B) shall not apply to such 
     distribution to the extent the amount is paid into an 
     individual retirement account, individual retirement annuity 
     (other than an endowment contract), or eligible retirement 
     plan (as defined in subparagraph (A)) as otherwise required 
     under such subparagraph before December 1, 2020.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2018.

     SEC. 40303. EMPLOYEE CERTIFICATION AS TO ELIGIBILITY FOR 
                   INCREASED CARES ACT LOAN LIMITS FROM EMPLOYER 
                   PLAN.

       (a) In General.--Section 2202(b) of the Coronavirus Aid, 
     Relief, and Economic Security Act is amended by adding at the 
     end the following new paragraph:
       ``(4) Employee certification.--The administrator of a 
     qualified employer plan may rely on an employee's 
     certification that the requirements of subsection 
     (a)(4)(A)(ii) are satisfied in determining whether the 
     employee is a qualified individual for purposes of this 
     subsection.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of section 
     2202(b) of the Coronavirus Aid, Relief, and Economic Security 
     Act.

     SEC. 40304. EXCLUSION OF BENEFITS PROVIDED TO VOLUNTEER 
                   FIREFIGHTERS AND EMERGENCY MEDICAL RESPONDERS 
                   MADE PERMANENT.

       (a) In General.--Section 139B of the Internal Revenue Code 
     of 1986 is amended by striking subsection (d).
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 40305. APPLICATION OF SPECIAL RULES TO MONEY PURCHASE 
                   PENSION PLANS.

       Section 2202(a)(6)(B) of the Coronavirus Aid, Relief,