H.R.748 - CARES Act 116th Congress (2019-2020)
| Sponsor: | Rep. Courtney, Joe [D-CT-2] (Introduced 01/24/2019) |
|---|---|
| Committees: | House - Ways and Means |
| Committee Meetings: | 07/23/20 10:00AM |
| Latest Action (modified): | 03/27/2020 Became Public Law No: 116-136. (All Actions) |
| Roll Call Votes: | There have been 5 roll call votes |
| Tracker: Tip | This bill has the status Became Law Here are the steps for Status of Legislation:
|
Subject — Policy Area:
- Economics and Public Finance
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Text: H.R.748 — 116th Congress (2019-2020) All Information (Except Text)
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Public Law No. 116-136 (03/27/2020)
[116th Congress Public Law 136]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 281]]
Public Law 116-136
116th Congress
An Act
To amend the Internal Revenue Code of 1986 to repeal the excise tax on
high cost employer-sponsored health coverage. <<NOTE: Mar. 27,
2020 - [H.R. 748]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Coronavirus Aid,
Relief, and Economic Security Act. 15 USC 9001 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coronavirus Aid, Relief, and Economic
Security Act'' or the ``CARES Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM
ENHANCEMENTS, AND ECONOMIC STABILIZATION
TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT
Sec. 1101. Definitions.
Sec. 1102. Paycheck protection program.
Sec. 1103. Entrepreneurial development.
Sec. 1104. State trade expansion program.
Sec. 1105. Waiver of matching funds requirement under the women's
business center program.
Sec. 1106. Loan forgiveness.
Sec. 1107. Direct appropriations.
Sec. 1108. Minority business development agency.
Sec. 1109. United States Treasury Program Management Authority.
Sec. 1110. Emergency EIDL grants.
Sec. 1111. Resources and services in languages other than English.
Sec. 1112. Subsidy for certain loan payments.
Sec. 1113. Bankruptcy.
Sec. 1114. Emergency rulemaking authority.
TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES
Subtitle A--Unemployment Insurance Provisions
Sec. 2101. Short title.
Sec. 2102. Pandemic Unemployment Assistance.
Sec. 2103. Emergency unemployment relief for governmental entities and
nonprofit organizations.
Sec. 2104. Emergency increase in unemployment compensation benefits.
Sec. 2105. Temporary full Federal funding of the first week of
compensable regular unemployment for States with no waiting
week.
Sec. 2106. Emergency State staffing flexibility.
Sec. 2107. Pandemic emergency unemployment compensation.
Sec. 2108. Temporary financing of short-time compensation payments in
States with programs in law.
Sec. 2109. Temporary financing of short-time compensation agreements.
[[Page 134 STAT. 282]]
Sec. 2110. Grants for short-time compensation programs.
Sec. 2111. Assistance and guidance in implementing programs.
Sec. 2112. Waiver of the 7-day waiting period for benefits under the
Railroad Unemployment Insurance Act.
Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance
Act.
Sec. 2114. Extended unemployment benefits under the Railroad
Unemployment Insurance Act.
Sec. 2115. Funding for the DOL Office of Inspector General for oversight
of unemployment provisions.
Sec. 2116. Implementation.
Subtitle B--Rebates and Other Individual Provisions
Sec. 2201. 2020 recovery rebates for individuals.
Sec. 2202. Special rules for use of retirement funds.
Sec. 2203. Temporary waiver of required minimum distribution rules for
certain retirement plans and accounts.
Sec. 2204. Allowance of partial above the line deduction for charitable
contributions.
Sec. 2205. Modification of limitations on charitable contributions
during 2020.
Sec. 2206. Exclusion for certain employer payments of student loans.
Subtitle C--Business Provisions
Sec. 2301. Employee retention credit for employers subject to closure
due to COVID-19.
Sec. 2302. Delay of payment of employer payroll taxes.
Sec. 2303. Modifications for net operating losses.
Sec. 2304. Modification of limitation on losses for taxpayers other than
corporations.
Sec. 2305. Modification of credit for prior year minimum tax liability
of corporations.
Sec. 2306. Modifications of limitation on business interest.
Sec. 2307. Technical amendments regarding qualified improvement
property.
Sec. 2308. Temporary exception from excise tax for alcohol used to
produce hand sanitizer.
TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST
THE CORONAVIRUS
Subtitle A--Health Provisions
Sec. 3001. Short title.
PART I--Addressing Supply Shortages
subpart a--medical product supplies
Sec. 3101. National Academies report on America's medical product supply
chain security.
Sec. 3102. Requiring the strategic national stockpile to include certain
types of medical supplies.
Sec. 3103. Treatment of respiratory protective devices as covered
countermeasures.
subpart b--mitigating emergency drug shortages
Sec. 3111. Prioritize reviews of drug applications; incentives.
Sec. 3112. Additional manufacturer reporting requirements in response to
drug shortages.
subpart c--preventing medical device shortages
Sec. 3121. Discontinuance or interruption in the production of medical
devices.
PART II--Access to Health Care for COVID-19 Patients
subpart a--coverage of testing and preventive services
Sec. 3201. Coverage of diagnostic testing for COVID-19.
Sec. 3202. Pricing of diagnostic testing.
Sec. 3203. Rapid coverage of preventive services and vaccines for
coronavirus.
subpart b--support for health care providers
Sec. 3211. Supplemental awards for health centers.
Sec. 3212. Telehealth network and telehealth resource centers grant
programs.
Sec. 3213. Rural health care services outreach, rural health network
development, and small health care provider quality
improvement grant programs.
[[Page 134 STAT. 283]]
Sec. 3214. United States Public Health Service Modernization.
Sec. 3215. Limitation on liability for volunteer health care
professionals during COVID-19 emergency response.
Sec. 3216. Flexibility for members of National Health Service Corps
during emergency period.
subpart c--miscellaneous provisions
Sec. 3221. Confidentiality and disclosure of records relating to
substance use disorder.
Sec. 3222. Nutrition services.
Sec. 3223. Continuity of service and opportunities for participants in
community service activities under title V of the Older
Americans Act of 1965.
Sec. 3224. Guidance on protected health information.
Sec. 3225. Reauthorization of healthy start program.
Sec. 3226. Importance of the blood supply.
PART III--Innovation
Sec. 3301. Removing the cap on OTA during public health emergencies.
Sec. 3302. Priority zoonotic animal drugs.
PART IV--Health Care Workforce
Sec. 3401. Reauthorization of health professions workforce programs.
Sec. 3402. Health workforce coordination.
Sec. 3403. Education and training relating to geriatrics.
Sec. 3404. Nursing workforce development.
Subtitle B--Education Provisions
Sec. 3501. Short title.
Sec. 3502. Definitions.
Sec. 3503. Campus-based aid waivers.
Sec. 3504. Use of supplemental educational opportunity grants for
emergency aid.
Sec. 3505. Federal work-study during a qualifying emergency.
Sec. 3506. Adjustment of subsidized loan usage limits.
Sec. 3507. Exclusion from Federal Pell Grant duration limit.
Sec. 3508. Institutional refunds and Federal student loan flexibility.
Sec. 3509. Satisfactory academic progress.
Sec. 3510. Continuing education at affected foreign institutions.
Sec. 3511. National emergency educational waivers.
Sec. 3512. HBCU Capital financing.
Sec. 3513. Temporary relief for federal student loan borrowers.
Sec. 3514. Provisions related to the Corporation for National and
Community Service.
Sec. 3515. Workforce response activities.
Sec. 3516. Technical amendments.
Sec. 3517. Waiver authority and reporting requirement for institutional
aid.
Sec. 3518. Authorized uses and other modifications for grants.
Sec. 3519. Service obligations for teachers.
Subtitle C--Labor Provisions
Sec. 3601. Limitation on paid leave.
Sec. 3602. Emergency Paid Sick Leave Act Limitation.
Sec. 3603. Unemployment insurance.
Sec. 3604. OMB Waiver of Paid Family and Paid Sick Leave.
Sec. 3605. Paid leave for rehired employees.
Sec. 3606. Advance refunding of credits.
Sec. 3607. Expansion of DOL Authority to postpone certain deadlines.
Sec. 3608. Single-employer plan funding rules.
Sec. 3609. Application of cooperative and small employer charity pension
plan rules to certain charitable employers whose primary
exempt purpose is providing services with respect to mothers
and children.
Sec. 3610. Federal contractor authority.
Sec. 3611. Technical corrections.
Subtitle D--Finance Committee
Sec. 3701. Exemption for telehealth services.
Sec. 3702. Inclusion of certain over-the-counter medical products as
qualified medical expenses.
Sec. 3703. Increasing Medicare telehealth flexibilities during emergency
period.
Sec. 3704. Enhancing Medicare telehealth services for Federally
qualified health centers and rural health clinics during
emergency period.
[[Page 134 STAT. 284]]
Sec. 3705. Temporary waiver of requirement for face-to-face visits
between home dialysis patients and physicians.
Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to
recertification of eligibility for hospice care during
emergency period.
Sec. 3707. Encouraging use of telecommunications systems for home health
services furnished during emergency period.
Sec. 3708. Improving care planning for Medicare home health services.
Sec. 3709. Adjustment of sequestration.
Sec. 3710. Medicare hospital inpatient prospective payment system add-on
payment for COVID-19 patients during emergency period.
Sec. 3711. Increasing access to post-acute care during emergency period.
Sec. 3712. Revising payment rates for durable medical equipment under
the Medicare program through duration of emergency period.
Sec. 3713. Coverage of the COVID-19 vaccine under part B of the Medicare
program without any cost-sharing.
Sec. 3714. Requiring Medicare prescription drug plans and MA-PD plans to
allow during the COVID-19 emergency period for fills and
refills of covered part D drugs for up to a 3-month supply.
Sec. 3715. Providing home and community-based services in acute care
hospitals.
Sec. 3716. Clarification regarding uninsured individuals.
Sec. 3717. Clarification regarding coverage of COVID-19 testing
products.
Sec. 3718. Amendments relating to reporting requirements with respect to
clinical diagnostic laboratory tests.
Sec. 3719. Expansion of the Medicare hospital accelerated payment
program during the COVID-19 public health emergency.
Sec. 3720. Delaying requirements for enhanced FMAP to enable State
legislation necessary for compliance.
Subtitle E--Health and Human Services Extenders
PART I--Medicare Provisions
Sec. 3801. Extension of the work geographic index floor under the
Medicare program.
Sec. 3802. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 3803. Extension of funding outreach and assistance for low-income
programs.
PART II--Medicaid Provisions
Sec. 3811. Extension of the Money Follows the Person rebalancing
demonstration program.
Sec. 3812. Extension of spousal impoverishment protections.
Sec. 3813. Delay of DSH reductions.
Sec. 3814. Extension and expansion of Community Mental Health Services
demonstration program.
PART III--Human Services and Other Health Programs
Sec. 3821. Extension of sexual risk avoidance education program.
Sec. 3822. Extension of personal responsibility education program.
Sec. 3823. Extension of demonstration projects to address health
professions workforce needs.
Sec. 3824. Extension of the temporary assistance for needy families
program and related programs.
PART IV--Public Health Provisions
Sec. 3831. Extension for community health centers, the National Health
Service Corps, and teaching health centers that operate GME
programs.
Sec. 3832. Diabetes programs.
PART V--Miscellaneous Provisions
Sec. 3841. Prevention of duplicate appropriations for fiscal year 2020.
Subtitle F--Over-the-Counter Drugs
PART I--OTC Drug Review
Sec. 3851. Regulation of certain nonprescription drugs that are marketed
without an approved drug application.
Sec. 3852. Misbranding.
Sec. 3853. Drugs excluded from the over-the-counter drug review.
Sec. 3854. Treatment of Sunscreen Innovation Act.
Sec. 3855. Annual update to Congress on appropriate pediatric indication
for certain OTC cough and cold drugs.
[[Page 134 STAT. 285]]
Sec. 3856. Technical corrections.
PART II--User Fees
Sec. 3861. Finding.
Sec. 3862. Fees relating to over-the-counter drugs.
TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED
SECTORS OF THE UNITED STATES ECONOMY
Subtitle A--Coronavirus Economic Stabilization Act of 2020
Sec. 4001. Short title.
Sec. 4002. Definitions.
Sec. 4003. Emergency relief and taxpayer protections.
Sec. 4004. Limitation on certain employee compensation.
Sec. 4005. Continuation of certain air service.
Sec. 4006. Coordination with Secretary of Transportation.
Sec. 4007. Suspension of certain aviation excise taxes.
Sec. 4008. Debt guarantee authority.
Sec. 4009. Temporary Government in the Sunshine Act relief.
Sec. 4010. Temporary hiring flexibility.
Sec. 4011. Temporary lending limit waiver.
Sec. 4012. Temporary relief for community banks.
Sec. 4013. Temporary relief from troubled debt restructurings.
Sec. 4014. Optional temporary relief from current expected credit
losses.
Sec. 4015. Non-applicability of restrictions on ESF during national
emergency.
Sec. 4016. Temporary credit union provisions.
Sec. 4017. Increasing access to materials necessary for national
security and pandemic recovery.
Sec. 4018. Special Inspector General for Pandemic Recovery.
Sec. 4019. Conflicts of interest.
Sec. 4020. Congressional Oversight Commission.
Sec. 4021. Credit protection during COVID-19.
Sec. 4022. Foreclosure moratorium and consumer right to request
forbearance.
Sec. 4023. Forbearance of residential mortgage loan payments for
multifamily properties with federally backed loans.
Sec. 4024. Temporary moratorium on eviction filings.
Sec. 4025. Protection of collective bargaining agreement.
Sec. 4026. Reports.
Sec. 4027. Direct appropriation.
Sec. 4028. Rule of construction.
Sec. 4029. Termination of authority.
Subtitle B--Air Carrier Worker Support
Sec. 4111. Definitions.
Sec. 4112. Pandemic relief for aviation workers.
Sec. 4113. Procedures for providing payroll support.
Sec. 4114. Required assurances.
Sec. 4115. Protection of collective bargaining agreement.
Sec. 4116. Limitation on certain employee compensation.
Sec. 4117. Tax payer protection.
Sec. 4118. Reports.
Sec. 4119. Coordination.
Sec. 4120. Direct appropriation.
TITLE V--CORONAVIRUS RELIEF FUNDS
Sec. 5001. Coronavirus Relief Fund.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 6001. COVID-19 borrowing authority for the United States Postal
Service.
Sec. 6002. Emergency designation.
DIVISION B--EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE AND
AGENCY OPERATIONS
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
[[Page 134 STAT. 286]]
DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM
ENHANCEMENTS, AND ECONOMIC STABILIZATION
TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT
SEC. 1101. <<NOTE: 15 USC 9001.>> DEFINITIONS.
In this title--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator thereof,
respectively; and
(2) the term ``small business concern'' has the meaning
given the term in section 3 of the Small Business Act (15 U.S.C.
636).
SEC. 1102. PAYCHECK PROTECTION PROGRAM.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``and (E)'' and inserting ``(E),
and (F)''; and
(B) by adding at the end the following:
``(F) Participation in the paycheck protection
program.--In an agreement to participate in a loan on a
deferred basis under paragraph (36), the participation
by the Administration shall be 100 percent.''; and
(2) by adding at the end the following:
``(36) Paycheck protection program.--
``(A) Definitions.--In this paragraph--
``(i) the terms `appropriate Federal banking
agency' and `insured depository institution' have
the meanings given those terms in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813);
``(ii) the term `covered loan' means a loan
made under this paragraph during the covered
period;
``(iii) the term `covered period' means the
period beginning on February 15, 2020 and ending
on June 30, 2020;
``(iv) the term `eligible recipient' means an
individual or entity that is eligible to receive a
covered loan;
``(v) the term `eligible self-employed
individual' has the meaning given the term in
section 7002(b) of the Families First Coronavirus
Response Act (Public Law 116-127);
``(vi) the term `insured credit union' has the
meaning given the term in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752);
``(vii) the term `nonprofit organization'
means an organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and
that is exempt from taxation under section 501(a)
of such Code;
[[Page 134 STAT. 287]]
``(viii) the term `payroll costs'--
``(I) means--
``(aa) the sum of payments
of any compensation with respect
to employees that is a--
``(AA) salary, wage,
commission, or similar
compensation;
``(BB) payment of cash
tip or equivalent;
``(CC) payment for
vacation, parental, family,
medical, or sick leave;
``(DD) allowance for
dismissal or separation;
``(EE) payment required
for the provisions of group
health care benefits,
including insurance
premiums;
``(FF) payment of any
retirement benefit; or
``(GG) payment of State
or local tax assessed on the
compensation of employees;
and
``(bb) the sum of payments
of any compensation to or income
of a sole proprietor or
independent contractor that is a
wage, commission, income, net
earnings from self-employment,
or similar compensation and that
is in an amount that is not more
than $100,000 in 1 year, as
prorated for the covered period;
and
``(II) shall not include--
``(aa) the compensation of
an individual employee in excess
of an annual salary of $100,000,
as prorated for the covered
period;
``(bb) taxes imposed or
withheld under chapters 21, 22,
or 24 of the Internal Revenue
Code of 1986 during the covered
period;
``(cc) any compensation of
an employee whose principal
place of residence is outside of
the United States;
``(dd) qualified sick leave
wages for which a credit is
allowed under section 7001 of
the Families First Coronavirus
Response Act (Public Law 116-
127); or
``(ee) qualified family
leave wages for which a credit
is allowed under section 7003 of
the Families First Coronavirus
Response Act (Public Law 116-
127); and
``(ix) the term `veterans organization' means
an organization that is described in section
501(c)(19) of the Internal Revenue Code that is
exempt from taxation under section 501(a) of such
Code.
``(B) Paycheck protection loans.--Except as
otherwise provided in this paragraph, the Administrator
may guarantee covered loans under the same terms,
conditions, and processes as a loan made under this
subsection.
[[Page 134 STAT. 288]]
``(C) <<NOTE: Deadline.>> Registration of loans.--
Not later than 15 days after the date on which a loan is
made under this paragraph, the Administration shall
register the loan using the TIN (as defined in section
7701 of the Internal Revenue Code of 1986) assigned to
the borrower.
``(D) Increased eligibility for certain small
businesses and organizations.--
``(i) In general.--During the covered period,
in addition to small business concerns, any
business concern, nonprofit organization, veterans
organization, or Tribal business concern described
in section 31(b)(2)(C) shall be eligible to
receive a covered loan if the business concern,
nonprofit organization, veterans organization, or
Tribal business concern employs not more than the
greater of--
``(I) 500 employees; or
``(II) if applicable, the size
standard in number of employees
established by the Administration for
the industry in which the business
concern, nonprofit organization,
veterans organization, or Tribal
business concern operates.
``(ii) Inclusion of sole proprietors,
independent contractors, and eligible self-
employed individuals.--
``(I) In general.--During the
covered period, individuals who operate
under a sole proprietorship or as an
independent contractor and eligible
self-employed individuals shall be
eligible to receive a covered loan.
``(II) <<NOTE: Determination.>>
Documentation.--An eligible self-
employed individual, independent
contractor, or sole proprietorship
seeking a covered loan shall submit such
documentation as is necessary to
establish such individual as eligible,
including payroll tax filings reported
to the Internal Revenue Service, Forms
1099-MISC, and income and expenses from
the sole proprietorship, as determined
by the Administrator and the Secretary.
``(iii) Business concerns with more than 1
physical location.--During the covered period, any
business concern that employs not more than 500
employees per physical location of the business
concern and that is assigned a North American
Industry Classification System code beginning with
72 at the time of disbursal shall be eligible to
receive a covered loan.
``(iv) Waiver of affiliation rules.--During
the covered period, the provisions applicable to
affiliations under section 121.103 of title 13,
Code of Federal Regulations, or any successor
regulation, are waived with respect to eligibility
for a covered loan for--
``(I) any business concern with not
more than 500 employees that, as of the
date on which the covered loan is
disbursed, is assigned a North American
Industry Classification System code
beginning with 72;
[[Page 134 STAT. 289]]
``(II) any business concern
operating as a franchise that is
assigned a franchise identifier code by
the Administration; and
``(III) any business concern that
receives financial assistance from a
company licensed under section 301 of
the Small Business Investment Act of
1958 (15 U.S.C. 681).
``(v) <<NOTE: Definition.>> Employee.--For
purposes of determining whether a business
concern, nonprofit organization, veterans
organization, or Tribal business concern described
in section 31(b)(2)(C) employs not more than 500
employees under clause (i)(I), the term `employee'
includes individuals employed on a full-time,
part-time, or other basis.
``(vi) <<NOTE: Applicability.>>
Affiliation.--The provisions applicable to
affiliations under section 121.103 of title 13,
Code of Federal Regulations, or any successor
thereto, shall apply with respect to a nonprofit
organization and a veterans organization in the
same manner as with respect to a small business
concern.
``(E) Maximum loan amount.--During the covered
period, with respect to a covered loan, the maximum loan
amount shall be the lesser of--
``(i)(I) the sum of--
``(aa) the product obtained by
multiplying--
``(AA) <<NOTE: Time
periods. Determination.>> the
average total monthly payments
by the applicant for payroll
costs incurred during the 1-year
period before the date on which
the loan is made, except that,
in the case of an applicant that
is seasonal employer, as
determined by the Administrator,
the average total monthly
payments for payroll shall be
for the 12-week period beginning
February 15, 2019, or at the
election of the eligible
recipient, March 1, 2019, and
ending June 30, 2019; by
``(BB) 2.5; and
``(bb) the outstanding amount of a
loan under subsection (b)(2) that was
made during the period beginning on
January 31, 2020 and ending on the date
on which covered loans are made
available to be refinanced under the
covered loan; or
``(II) if requested by an otherwise eligible
recipient that was not in business during the
period beginning on February 15, 2019 and ending
on June 30, 2019, the sum of--
``(aa) the product obtained by
multiplying--
``(AA) the average total
monthly payments by the
applicant for payroll costs
incurred during the period
beginning on January 1, 2020 and
ending on February 29, 2020; by
``(BB) 2.5; and
``(bb) the outstanding amount of a
loan under subsection (b)(2) that was
made during the period beginning on
January 31, 2020 and ending on the date
on which covered loans are made
available to be refinanced under the
covered loan; or
[[Page 134 STAT. 290]]
``(ii) $10,000,000.
``(F) Allowable uses of covered loans.--
``(i) In general.--During the covered period,
an eligible recipient may, in addition to the
allowable uses of a loan made under this
subsection, use the proceeds of the covered loan
for--
``(I) payroll costs;
``(II) costs related to the
continuation of group health care
benefits during periods of paid sick,
medical, or family leave, and insurance
premiums;
``(III) employee salaries,
commissions, or similar compensations;
``(IV) payments of interest on any
mortgage obligation (which shall not
include any prepayment of or payment of
principal on a mortgage obligation);
``(V) rent (including rent under a
lease agreement);
``(VI) utilities; and
``(VII) interest on any other debt
obligations that were incurred before
the covered period.
``(ii) Delegated authority.--
``(I) In general.--For purposes of
making covered loans for the purposes
described in clause (i), a lender
approved to make loans under this
subsection shall be deemed to have been
delegated authority by the Administrator
to make and approve covered loans,
subject to the provisions of this
paragraph.
``(II) <<NOTE: Evaluation.>>
Considerations.--In evaluating the
eligibility of a borrower for a covered
loan with the terms described in this
paragraph, a lender shall consider
whether the borrower--
``(aa) was in operation on
February 15, 2020; and
``(bb)(AA) had employees for
whom the borrower paid salaries
and payroll taxes; or
``(BB) paid independent
contractors, as reported on a
Form 1099-MISC.
``(iii) <<NOTE: Determination.>> Additional
lenders.--The authority to make loans under this
paragraph shall be extended to additional lenders
determined by the Administrator and the Secretary
of the Treasury to have the necessary
qualifications to process, close, disburse and
service loans made with the guarantee of the
Administration.
``(iv) <<NOTE: Time period.>> Refinance.--A
loan made under subsection (b)(2) during the
period beginning on January 31, 2020 and ending on
the date on which covered loans are made available
may be refinanced as part of a covered loan.
``(v) Nonrecourse.--Notwithstanding the waiver
of the personal guarantee requirement or
collateral under subparagraph (J), the
Administrator shall have no recourse against any
individual shareholder, member, or partner of an
eligible recipient of a covered loan for
nonpayment of any covered loan, except to
[[Page 134 STAT. 291]]
the extent that such shareholder, member, or
partner uses the covered loan proceeds for a
purpose not authorized under clause (i).
``(G) Borrower requirements.--
``(i) Certification.--An eligible recipient
applying for a covered loan shall make a good
faith certification--
``(I) that the uncertainty of
current economic conditions makes
necessary the loan request to support
the ongoing operations of the eligible
recipient;
``(II) acknowledging that funds will
be used to retain workers and maintain
payroll or make mortgage payments, lease
payments, and utility payments;
``(III) that the eligible recipient
does not have an application pending for
a loan under this subsection for the
same purpose and duplicative of amounts
applied for or received under a covered
loan; and
``(IV) <<NOTE: Time period.>>
during the period beginning on February
15, 2020 and ending on December 31,
2020, that the eligible recipient has
not received amounts under this
subsection for the same purpose and
duplicative of amounts applied for or
received under a covered loan.
``(H) Fee waiver.--During the covered period, with
respect to a covered loan--
``(i) in lieu of the fee otherwise applicable
under paragraph (23)(A), the Administrator shall
collect no fee; and
``(ii) in lieu of the fee otherwise applicable
under paragraph (18)(A), the Administrator shall
collect no fee.
``(I) Credit elsewhere.--During the covered period,
the requirement that a small business concern is unable
to obtain credit elsewhere, as defined in section 3(h),
shall not apply to a covered loan.
``(J) Waiver of personal guarantee requirement.--
During the covered period, with respect to a covered
loan--
``(i) no personal guarantee shall be required
for the covered loan; and
``(ii) no collateral shall be required for the
covered loan.
``(K) Maturity for loans with remaining balance
after application of forgiveness.--With respect to a
covered loan that has a remaining balance after
reduction based on the loan forgiveness amount under
section 1106 of the CARES Act--
``(i) the remaining balance shall continue to
be guaranteed by the Administration under this
subsection; and
``(ii) the covered loan shall have a maximum
maturity of 10 years from the date on which the
borrower applies for loan forgiveness under that
section.
``(L) Interest rate requirements.--A covered loan
shall bear an interest rate not to exceed 4 percent.
[[Page 134 STAT. 292]]
``(M) <<NOTE: Time period.>> Loan deferment.--
``(i) Definition of impacted borrower.--
``(I) In general.--In this
subparagraph, the term `impacted
borrower' means an eligible recipient
that--
``(aa) is in operation on
February 15, 2020; and
``(bb) has an application
for a covered loan that is
approved or pending approval on
or after the date of enactment
of this paragraph.
``(II) Presumption.--For purposes of
this subparagraph, an impacted borrower
is presumed to have been adversely
impacted by COVID-19.
``(ii) Deferral.--During the covered period,
the Administrator shall--
``(I) consider each eligible
recipient that applies for a covered
loan to be an impacted borrower; and
``(II) require lenders under this
subsection to provide complete payment
deferment relief for impacted borrowers
with covered loans for a period of not
less than 6 months, including payment of
principal, interest, and fees, and not
more than 1 year.
``(iii) Secondary market.--During the covered
period, with respect to a covered loan that is
sold on the secondary market, if an investor
declines to approve a deferral requested by a
lender under clause (ii), the Administrator shall
exercise the authority to purchase the loan so
that the impacted borrower may receive a deferral
for a period of not less than 6 months, including
payment of principal, interest, and fees, and not
more than 1 year.
``(iv) <<NOTE: Deadline.>> Guidance.--Not
later than 30 days after the date of enactment of
this paragraph, the Administrator shall provide
guidance to lenders under this paragraph on the
deferment process described in this subparagraph.
``(N) Secondary market sales.--A covered loan shall
be eligible to be sold in the secondary market
consistent with this subsection. The Administrator may
not collect any fee for any guarantee sold into the
secondary market under this subparagraph.
``(O) Regulatory capital requirements.--
``(i) Risk weight.--With respect to the
appropriate Federal banking agencies or the
National Credit Union Administration Board
applying capital requirements under their
respective risk-based capital requirements, a
covered loan shall receive a risk weight of zero
percent.
``(ii) Temporary relief from tdr
disclosures.--Notwithstanding any other provision
of law, an insured depository institution or an
insured credit union that modifies a covered loan
in relation to COVID-19-related difficulties in a
troubled debt restructuring on or after March 13,
2020, shall not be required to comply with the
Financial Accounting Standards Board
[[Page 134 STAT. 293]]
Accounting Standards Codification Subtopic 310-40
(`Receivables - Troubled Debt Restructurings by
Creditors') for purposes of compliance with the
requirements of the Federal Deposit Insurance Act
(12 U.S.C. 1811 et seq.), until such time and
under such circumstances as the appropriate
Federal banking agency or the National Credit
Union Administration Board, as applicable,
determines appropriate.
``(P) Reimbursement for processing.--
``(i) In general.--The Administrator shall
reimburse a lender authorized to make a covered
loan at a rate, based on the balance of the
financing outstanding at the time of disbursement
of the covered loan, of--
``(I) 5 percent for loans of not
more than $350,000;
``(II) 3 percent for loans of more
than $350,000 and less than $2,000,000;
and
``(III) 1 percent for loans of not
less than $2,000,000.
``(ii) Fee limits.--An agent that assists an
eligible recipient to prepare an application for a
covered loan may not collect a fee in excess of
the limits established by the Administrator.
``(iii) <<NOTE: Deadline.>> Timing.--A
reimbursement described in clause (i) shall be
made not later than 5 days after the disbursement
of the covered loan.
``(iv) Sense of the senate.--It is the sense
of the Senate that the Administrator should issue
guidance to lenders and agents to ensure that the
processing and disbursement of covered loans
prioritizes small business concerns and entities
in underserved and rural markets, including
veterans and members of the military community,
small business concerns owned and controlled by
socially and economically disadvantaged
individuals (as defined in section 8(d)(3)(C)),
women, and businesses in operation for less than 2
years.
``(Q) <<NOTE: Time period.>> Duplication.--Nothing
in this paragraph shall prohibit a recipient of an
economic injury disaster loan made under subsection
(b)(2) during the period beginning on January 31, 2020
and ending on the date on which covered loans are made
available that is for a purpose other than paying
payroll costs and other obligations described in
subparagraph (F) from receiving assistance under this
paragraph.
``(R) Waiver of prepayment penalty.--Notwithstanding
any other provision of law, there shall be no prepayment
penalty for any payment made on a covered loan.''.
(b) <<NOTE: Time period.>> Commitments for 7(a) Loans.--During the
period beginning on February 15, 2020 and ending on June 30, 2020--
(1) the amount authorized for commitments for general
business loans authorized under section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), including loans made under
paragraph (36) of such section, as added by subsection (a),
shall be $349,000,000,000; and
[[Page 134 STAT. 294]]
(2) the amount authorized for commitments for such loans
under the heading ``business loans program account'' under the
heading ``Small Business Administration'' under title V of the
Consolidated Appropriations Act, 2020 (Public Law 116-93; 133
Stat. 2475) shall not apply.
(c) Express Loans.--
(1) In general.--Section 7(a)(31)(D) of the Small Business
Act (15 U.S.C. 636(a)(31)(D)) is amended by striking
``$350,000'' and inserting ``$1,000,000''.
(2) <<NOTE: Effective date. 15 USC 636 note.>> Prospective
repeal.--Effective on January 1, 2021, section 7(a)(31)(D) of
the Small Business Act (15 U.S.C. 636(a)(31)(D)) is amended by
striking ``$1,000,000'' and inserting ``$350,000''.
(d) Exception to Guarantee Fee Waiver for Veterans.--Section
7(a)(31)(G) of the Small Business Act (15 U.S.C. 636(a)(31)(G)) is
amended--
(1) by striking clause (ii); and
(2) by redesignating clause (iii) as clause (ii).
(e) <<NOTE: 15 USC 636 note.>> Interim Rule.--On and after the date
of enactment of this Act, the interim final rule published by the
Administrator entitled ``Express Loan Programs: Affiliation Standards''
(85 Fed. Reg. 7622 (February 10, 2020)) is permanently rescinded and
shall have no force or effect.
SEC. 1103. <<NOTE: 15 USC 9002.>> ENTREPRENEURIAL DEVELOPMENT.
(a) Definitions.--In this section--
(1) the term ``covered small business concern'' means a
small business concern that has experienced, as a result of
COVID-19--
(A) supply chain disruptions, including changes in--
(i) quantity and lead time, including the
number of shipments of components and delays in
shipments;
(ii) quality, including shortages in supply
for quality control reasons; and
(iii) technology, including a compromised
payment network;
(B) staffing challenges;
(C) a decrease in gross receipts or customers; or
(D) a closure;
(2) the term ``resource partner'' means--
(A) a small business development center; and
(B) a women's business center;
(3) the term ``small business development center'' has the
meaning given the term in section 3 of the Small Business Act
(15 U.S.C. 632); and
(4) the term ``women's business center'' means a women's
business center described in section 29 of the Small Business
Act (15 U.S.C. 656).
(b) Education, Training, and Advising Grants.--
(1) In general.--The Administration may provide financial
assistance in the form of grants to resource partners to provide
education, training, and advising to covered small business
concerns.
(2) Use of funds.--Grants under this subsection shall be
used for the education, training, and advising of covered small
business concerns and their employees on--
[[Page 134 STAT. 295]]
(A) accessing and applying for resources provided by
the Administration and other Federal resources relating
to access to capital and business resiliency;
(B) the hazards and prevention of the transmission
and communication of COVID-19 and other communicable
diseases;
(C) the potential effects of COVID-19 on the supply
chains, distribution, and sale of products of covered
small business concerns and the mitigation of those
effects;
(D) the management and practice of telework to
reduce possible transmission of COVID-19;
(E) the management and practice of remote customer
service by electronic or other means;
(F) the risks of and mitigation of cyber threats in
remote customer service or telework practices;
(G) the mitigation of the effects of reduced travel
or outside activities on covered small business concerns
during COVID-19 or similar occurrences; and
(H) any other relevant business practices necessary
to mitigate the economic effects of COVID-19 or similar
occurrences.
(3) Grant determination.--
(A) Small business development centers.--The
Administration shall award 80 percent of funds
authorized to carry out this subsection to small
business development centers, which shall be awarded
pursuant to a formula jointly developed, negotiated, and
agreed upon, with full participation of both parties,
between the association formed under section 21(a)(3)(A)
of the Small Business Act (15 U.S.C. 648(a)(3)(A)) and
the Administration.
(B) Women's business centers.--The Administration
shall award 20 percent of funds authorized to carry out
this subsection to women's business centers, which shall
be awarded pursuant to a process established by the
Administration in consultation with recipients of
assistance.
(C) No matching funds required.--Matching funds
shall not be required for any grant under this
subsection.
(4) Goals and metrics.--
(A) In general.--Goals and metrics for the funds
made available under this subsection shall be jointly
developed, negotiated, and agreed upon, with full
participation of both parties, between the resource
partners and the Administrator, which shall--
(i) take into consideration the extent of the
circumstances relating to the spread of COVID-19,
or similar occurrences, that affect covered small
business concerns located in the areas covered by
the resource partner, particularly in rural areas
or economically distressed areas;
(ii) generally follow the use of funds
outlined in paragraph (2), but shall not restrict
the activities of resource partners in responding
to unique situations; and
(iii) encourage resource partners to develop
and provide services to covered small business
concerns.
[[Page 134 STAT. 296]]
(B) <<NOTE: Methodologies.>> Public availability.--
The Administrator shall make publicly available the
methodology by which the Administrator and resource
partners jointly develop the metrics and goals described
in subparagraph (A).
(c) Resource Partner Association Grants.--
(1) In general.--The Administrator may provide grants to an
association or associations representing resource partners under
which the association or associations shall establish a single
centralized hub for COVID-19 information, which shall include--
(A) 1 online platform that consolidates resources
and information available across multiple Federal
agencies for small business concerns related to COVID-
19; and
(B) a training program to educate resource partner
counselors, members of the Service Corps of Retired
Executives established under section 8(b)(1)(B) of the
Small Business Act (15 U.S.C. 637(b)(1)(B)), and
counselors at veterans business outreach centers
described in section 32 of the Small Business Act (15
U.S.C. 657b) on the resources and information described
in subparagraph (A).
(2) Goals and metrics.--Goals and metrics for the funds made
available under this subsection shall be jointly developed,
negotiated, and agreed upon, with full participation of both
parties, between the association or associations receiving a
grant under this subsection and the Administrator.
(d) Report.--Not later than 6 months after the date of enactment of
this Act, and annually thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a report
that describes--
(1) with respect to the initial year covered by the report--
(A) the programs and services developed and provided
by the Administration and resource partners under
subsection (b);
(B) the initial efforts to provide those services
under subsection (b); and
(C) the online platform and training developed and
provided by the Administration and the association or
associations under subsection (c); and
(2) with respect to the subsequent years covered by the
report--
(A) with respect to the grant program under
subsection (b)--
(i) the efforts of the Administrator and
resource partners to develop services to assist
covered small business concerns;
(ii) the challenges faced by owners of covered
small business concerns in accessing services
provided by the Administration and resource
partners;
(iii) the number of unique covered small
business concerns that were served by the
Administration and resource partners; and
(iv) other relevant outcome performance data
with respect to covered small business concerns,
including the number of employees affected, the
effect on sales, the disruptions of supply chains,
and the efforts made
[[Page 134 STAT. 297]]
by the Administration and resource partners to
mitigate these effects; and
(B) with respect to the grant program under
subsection (c)--
(i) the efforts of the Administrator and the
association or associations to develop and evolve
an online resource for small business concerns;
and
(ii) the efforts of the Administrator and the
association or associations to develop a training
program for resource partner counselors, including
the number of counselors trained.
SEC. 1104. STATE TRADE EXPANSION PROGRAM.
(a) <<NOTE: Extension.>> In General.--Notwithstanding paragraph
(3)(C)(iii) of section 22(l) of the Small Business Act (15 U.S.C.
649(l)), for grants under the State Trade Expansion Program under such
section 22(l) using amounts made available for fiscal year 2018 or
fiscal year 2019, the period of the grant shall continue through the end
of fiscal year 2021.
(b) Reimbursement.--The Administrator shall reimburse any recipient
of assistance under section 22(l) of the Small Business Act (15 U.S.C.
649(l)) for financial losses relating to a foreign trade mission or a
trade show exhibition that was cancelled solely due to a public health
emergency declared due to COVID-19 if the reimbursement does not exceed
a recipient's grant funding.
SEC. 1105. <<NOTE: Time period. 15 USC 9004.>> WAIVER OF MATCHING
FUNDS REQUIREMENT UNDER THE WOMEN'S
BUSINESS CENTER PROGRAM.
During the 3-month period beginning on the date of enactment of this
Act, the requirement relating to obtaining cash contributions from non-
Federal sources under section 29(c)(1) of the Small Business Act (15
U.S.C. 656(c)(1)) is waived for any recipient of assistance under such
section 29.
SEC. 1106. <<NOTE: 15 USC 9005.>> LOAN FORGIVENESS.
(a) Definitions.--In this section--
(1) the term ``covered loan'' means a loan guaranteed under
paragraph (36) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), as added by section 1102;
(2) the term ``covered mortgage obligation'' means any
indebtedness or debt instrument incurred in the ordinary course
of business that--
(A) is a liability of the borrower;
(B) is a mortgage on real or personal property; and
(C) was incurred before February 15, 2020;
(3) the term ``covered period'' means the 8-week period
beginning on the date of the origination of a covered loan;
(4) the term ``covered rent obligation'' means rent
obligated under a leasing agreement in force before February 15,
2020;
(5) the term ``covered utility payment'' means payment for a
service for the distribution of electricity, gas, water,
transportation, telephone, or internet access for which service
began before February 15, 2020;
(6) the term ``eligible recipient'' means the recipient of a
covered loan;
(7) the term ``expected forgiveness amount'' means the
amount of principal that a lender reasonably expects a borrower
to expend during the covered period on the sum of any--
[[Page 134 STAT. 298]]
(A) payroll costs;
(B) payments of interest on any covered mortgage
obligation (which shall not include any prepayment of or
payment of principal on a covered mortgage obligation);
(C) payments on any covered rent obligation; and
(D) covered utility payments; and
(8) the term ``payroll costs'' has the meaning given that
term in paragraph (36) of section 7(a) of the Small Business Act
(15 U.S.C. 636(a)), as added by section 1102 of this Act.
(b) Forgiveness.--An eligible recipient shall be eligible for
forgiveness of indebtedness on a covered loan in an amount equal to the
sum of the following costs incurred and payments made during the covered
period:
(1) Payroll costs.
(2) Any payment of interest on any covered mortgage
obligation (which shall not include any prepayment of or payment
of principal on a covered mortgage obligation).
(3) Any payment on any covered rent obligation.
(4) Any covered utility payment.
(c) Treatment of Amounts Forgiven.--
(1) In general.--Amounts which have been forgiven under this
section shall be considered canceled indebtedness by a lender
authorized under section 7(a) of the Small Business Act (15
U.S.C. 636(a)).
(2) Purchase of guarantees.--For purposes of the purchase of
the guarantee for a covered loan by the Administrator, amounts
which are forgiven under this section shall be treated in
accordance with the procedures that are otherwise applicable to
a loan guaranteed under section 7(a) of the Small Business Act
(15 U.S.C. 636(a)).
(3) <<NOTE: Deadline.>> Remittance.--Not later than 90 days
after the date on which the amount of forgiveness under this
section is determined, the Administrator shall remit to the
lender an amount equal to the amount of forgiveness, plus any
interest accrued through the date of payment.
(4) Advance purchase of covered loan.--
(A) Report.--A lender authorized under section 7(a)
of the Small Business Act (15 U.S.C. 636(a)), or, at the
discretion of the Administrator, a third party
participant in the secondary market, may, report to the
Administrator an expected forgiveness amount on a
covered loan or on a pool of covered loans of up to 100
percent of the principal on the covered loan or pool of
covered loans, respectively.
(B) Purchase.--The Administrator shall purchase the
expected forgiveness amount described in subparagraph
(A) as if the amount were the principal amount of a loan
guaranteed under section 7(a) of the Small Business Act
636(a)).
(C) <<NOTE: Deadline.>> Timing.--Not later than 15
days after the date on which the Administrator receives
a report under subparagraph (A), the Administrator shall
purchase the expected forgiveness amount under
subparagraph (B) with respect to each covered loan to
which the report relates.
(d) Limits on Amount of Forgiveness.--
[[Page 134 STAT. 299]]
(1) Amount may not exceed principal.--The amount of loan
forgiveness under this section shall not exceed the principal
amount of the financing made available under the applicable
covered loan.
(2) Reduction based on reduction in number of employees.--
(A) In general.--The amount of loan forgiveness
under this section shall be reduced, but not increased,
by multiplying the amount described in subsection (b) by
the quotient obtained by dividing--
(i) the average number of full-time equivalent
employees per month employed by the eligible
recipient during the covered period; by
(ii)(I) <<NOTE: Time periods.>> at the
election of the borrower--
(aa) the average number of full-time
equivalent employees per month employed
by the eligible recipient during the
period beginning on February 15, 2019
and ending on June 30, 2019; or
(bb) the average number of full-time
equivalent employees per month employed
by the eligible recipient during the
period beginning on January 1, 2020 and
ending on February 29, 2020; or
(II) <<NOTE: Determination.>> in the case of
an eligible recipient that is seasonal employer,
as determined by the Administrator, the average
number of full-time equivalent employees per month
employed by the eligible recipient during the
period beginning on February 15, 2019 and ending
on June 30, 2019.
(B) Calculation of average number of employees.--
For <<NOTE: Determination.>> purposes of subparagraph
(A), the average number of full-time equivalent
employees shall be determined by calculating the average
number of full-time equivalent employees for each pay
period falling within a month.
(3) Reduction relating to salary and wages.--
(A) In general.--The amount of loan forgiveness
under this section shall be reduced by the amount of any
reduction in total salary or wages of any employee
described in subparagraph (B) during the covered period
that is in excess of 25 percent of the total salary or
wages of the employee during the most recent full
quarter during which the employee was employed before
the covered period.
(B) Employees described.--An employee described in
this subparagraph is any employee who did not receive,
during any single pay period during 2019, wages or
salary at an annualized rate of pay in an amount more
than $100,000.
(4) Tipped workers.--An eligible recipient with tipped
employees described in section 3(m)(2)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) may receive
forgiveness for additional wages paid to those employees.
(5) Exemption for re-hires.--
(A) <<NOTE: Determination. Time period.>> In
general.--In a circumstance described in subparagraph
(B), the amount of loan forgiveness under this section
shall be determined without regard to a reduction in the
number of full-time equivalent employees of an eligible
recipient or a reduction in the salary of 1 or
[[Page 134 STAT. 300]]
more employees of the eligible recipient, as applicable,
during the period beginning on February 15, 2020 and
ending on the date that is 30 days after the date of
enactment of this Act.
(B) <<NOTE: Time period. Deadline.>>
Circumstances.--A circumstance described in this
subparagraph is a circumstance--
(i) in which--
(I) during the period beginning on
February 15, 2020 and ending on the date
that is 30 days after the date of
enactment of this Act, there is a
reduction, as compared to February 15,
2020, in the number of full-time
equivalent employees of an eligible
recipient; and
(II) not later than June 30, 2020,
the eligible employer has eliminated the
reduction in the number of full-time
equivalent employees;
(ii) in which--
(I) during the period beginning on
February 15, 2020 and ending on the date
that is 30 days after the date of
enactment of this Act, there is a
reduction, as compared to February 15,
2020, in the salary or wages of 1 or
more employees of the eligible
recipient; and
(II) not later than June 30, 2020,
the eligible employer has eliminated the
reduction in the salary or wages of such
employees; or
(iii) in which the events described in clause
(i) and (ii) occur.
(6) Exemptions.--The Administrator and the Secretary of the
Treasury may prescribe regulations granting de minimis
exemptions from the requirements under this subsection.
(e) Application.--An eligible recipient seeking loan forgiveness
under this section shall submit to the lender that is servicing the
covered loan an application, which shall include--
(1) documentation verifying the number of full-time
equivalent employees on payroll and pay rates for the periods
described in subsection (d), including--
(A) payroll tax filings reported to the Internal
Revenue Service; and
(B) State income, payroll, and unemployment
insurance filings;
(2) documentation, including cancelled checks, payment
receipts, transcripts of accounts, or other documents verifying
payments on covered mortgage obligations, payments on covered
lease obligations, and covered utility payments;
(3) <<NOTE: Certification.>> a certification from a
representative of the eligible recipient authorized to make such
certifications that--
(A) the documentation presented is true and correct;
and
(B) the amount for which forgiveness is requested
was used to retain employees, make interest payments on
a covered mortgage obligation, make payments on a
covered rent obligation, or make covered utility
payments; and
(4) any other documentation the Administrator determines
necessary.
(f) <<NOTE: Requirement.>> Prohibition on Forgiveness Without
Documentation.--No eligible recipient shall receive forgiveness under
this section
[[Page 134 STAT. 301]]
without submitting to the lender that is servicing the covered loan the
documentation required under subsection (e).
(g) <<NOTE: Deadline.>> Decision.--Not later than 60 days after the
date on which a lender receives an application for loan forgiveness
under this section from an eligible recipient, the lender shall issue a
decision on the an application.
(h) Hold Harmless.--If a lender has received the documentation
required under this section from an eligible recipient attesting that
the eligible recipient has accurately verified the payments for payroll
costs, payments on covered mortgage obligations, payments on covered
lease obligations, or covered utility payments during covered period--
(1) an enforcement action may not be taken against the
lender under section 47(e) of the Small Business Act (15 U.S.C.
657t(e)) relating to loan forgiveness for the payments for
payroll costs, payments on covered mortgage obligations,
payments on covered lease obligations, or covered utility
payments, as the case may be; and
(2) the lender shall not be subject to any penalties by the
Administrator relating to loan forgiveness for the payments for
payroll costs, payments on covered mortgage obligations,
payments on covered lease obligations, or covered utility
payments, as the case may be.
(i) Taxability.--For purposes of the Internal Revenue Code of 1986,
any amount which (but for this subsection) would be includible in gross
income of the eligible recipient by reason of forgiveness described in
subsection (b) shall be excluded from gross income.
(j) Rule of Construction.--The cancellation of indebtedness on a
covered loan under this section shall not otherwise modify the terms and
conditions of the covered loan.
(k) <<NOTE: Deadline. Guidance.>> Regulations.--Not later than 30
days after the date of enactment of this Act, the Administrator shall
issue guidance and regulations implementing this section.
SEC. 1107. <<NOTE: 15 USC 9006.>> DIRECT APPROPRIATIONS.
(a) In General.--There is appropriated, out of amounts in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, to remain available until September 30, 2021, for
additional amounts--
(1) $349,000,000,000 under the heading ``Small Business
Administration--Business Loans Program Account, CARES Act'' for
the cost of guaranteed loans as authorized under paragraph (36)
of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as
added by section 1102(a) of this Act;
(2) $675,000,000 under the heading ``Small Business
Administration--Salaries and Expenses'' for salaries and
expenses of the Administration;
(3) $25,000,000 under the heading ``Small Business
Administration--Office of Inspector General'', to remain
available until September 30, 2024, for necessary expenses of
the Office of Inspector General of the Administration in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.);
(4) $265,000,000 under the heading ``Small Business
Administration--Entrepreneurial Development Programs'', of
which--
[[Page 134 STAT. 302]]
(A) $240,000,000 shall be for carrying out section
1103(b) of this Act; and
(B) $25,000,000 shall be for carrying out section
1103(c) of this Act;
(5) $10,000,000 under the heading ``Department of Commerce--
Minority Business Development Agency'' for minority business
centers of the Minority Business Development Agency to provide
technical assistance to small business concerns;
(6) $10,000,000,000 under the heading ``Small Business
Administration--Emergency EIDL Grants'' shall be for carrying
out section 1110 of this Act;
(7) $17,000,000,000 under the heading ``Small Business
Administration--Business Loans Program Account, CARES Act''
shall be for carrying out section 1112 of this Act; and
(8) $25,000,000 under the heading ``Department of the
Treasury--Departmental Offices--Salaries and Expenses'' shall be
for carrying out section 1109 of this Act.
(b) <<NOTE: Time period.>> Secondary Market.--During the period
beginning on the date of enactment of this Act and ending on September
30, 2021, guarantees of trust certificates authorized by section 5(g) of
the Small Business Act (15 U.S.C. 635(g)) shall not exceed a principal
amount of $100,000,000,000.
(c) <<NOTE: Expenditure plan.>> Reports.--Not later than 180 days
after the date of enactment of this Act, the Administrator shall submit
to the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a detailed expenditure
plan for using the amounts appropriated to the Administration under
subsection (a).
SEC. 1108. <<NOTE: 15 USC 9007.>> MINORITY BUSINESS DEVELOPMENT
AGENCY.
(a) Definitions.--In this section--
(1) the term ``Agency'' means the Minority Business
Development Agency of the Department of Commerce;
(2) the term ``minority business center'' means a Business
Center of the Agency;
(3) the term ``minority business enterprise'' means a for-
profit business enterprise--
(A) not less than 51 percent of which is owned by 1
or more socially disadvantaged individuals, as
determined by the Agency; and
(B) the management and daily business operations of
which are controlled by 1 or more socially disadvantaged
individuals, as determined by the Agency; and
(4) the term ``minority chamber of commerce'' means a
chamber of commerce developed specifically to support minority
business enterprises.
(b) Education, Training, and Advising Grants.--
(1) In general.--The Agency may provide financial assistance
in the form of grants to minority business centers and minority
chambers of commerce to provide education, training, and
advising to minority business enterprises.
(2) Use of funds.--Grants under this section shall be used
for the education, training, and advising of minority business
enterprises and their employees on--
(A) accessing and applying for resources provided by
the Agency and other Federal resources relating to
access to capital and business resiliency;
[[Page 134 STAT. 303]]
(B) the hazards and prevention of the transmission
and communication of COVID-19 and other communicable
diseases;
(C) the potential effects of COVID-19 on the supply
chains, distribution, and sale of products of minority
business enterprises and the mitigation of those
effects;
(D) the management and practice of telework to
reduce possible transmission of COVID-19;
(E) the management and practice of remote customer
service by electronic or other means;
(F) the risks of and mitigation of cyber threats in
remote customer service or telework practices;
(G) the mitigation of the effects of reduced travel
or outside activities on minority business enterprises
during COVID-19 or similar occurrences; and
(H) any other relevant business practices necessary
to mitigate the economic effects of COVID-19 or similar
occurrences.
(3) No matching funds required.--Matching funds shall not be
required for any grant under this section.
(4) Goals and metrics.--
(A) In general.--Goals and metrics for the funds
made available under this section shall be jointly
developed, negotiated, and agreed upon, with full
participation of both parties, between the minority
business centers, minority chambers of commerce, and the
Agency, which shall--
(i) take into consideration the extent of the
circumstances relating to the spread of COVID-19,
or similar occurrences, that affect minority
business enterprises located in the areas covered
by minority business centers and minority chambers
of commerce, particularly in rural areas or
economically distressed areas;
(ii) generally follow the use of funds
outlined in paragraph (2), but shall not restrict
the activities of minority business centers and
minority chambers of commerce in responding to
unique situations; and
(iii) encourage minority business centers and
minority chambers of commerce to develop and
provide services to minority business enterprises.
(B) <<NOTE: Methodologies.>> Public availability.--
The Agency shall make publicly available the methodology
by which the Agency, minority business centers, and
minority chambers of commerce jointly develop the
metrics and goals described in subparagraph (A).
(c) <<NOTE: Time periods.>> Waivers.--
(1) In general.--Notwithstanding any other provision of law
or regulation, the Agency may, during the 3-month period that
begins on the date of enactment of this Act, waive any matching
requirement imposed on a minority business center or a specialty
center of the Agency under a cooperative agreement between such
a center and the Agency if the applicable center is unable to
raise funds, or has suffered a loss of revenue, because of the
effects of COVID-19.
(2) Remaining compliant.--Notwithstanding any provision of a
cooperative agreement between the Agency and a minority business
center, if, during the period beginning on the date
[[Page 134 STAT. 304]]
of enactment of this Act and ending on September 30, 2021, such
a center decides not to collect fees because of the economic
consequences of COVID-19, the center shall be considered to be
in compliance with that agreement if--
(A) <<NOTE: Notification.>> the center notifies the
Agency with respect to that decision, which the center
may provide through electronic mail; and
(B) <<NOTE: Deadline.>> the Agency, not later than
15 days after the date on which the center provides
notice to the Agency under subparagraph (A)--
(i) confirms receipt of the notification under
subparagraph (A); and
(ii) accepts the decision of the center.
(d) Report.--Not later than 6 months after the date of enactment of
this Act, and annually thereafter, the Agency shall submit to the
Committee on Small Business and Entrepreneurship and the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Small Business and the Committee on Energy and Commerce of the House of
Representatives a report that describes--
(1) with respect to the period covered by the initial
report--
(A) the programs and services developed and provided
by the Agency, minority business centers, and minority
chambers of commerce under subsection (b); and
(B) the initial efforts to provide those services
under subsection (b); and
(2) with respect to subsequent years covered by the report--
(A) with respect to the grant program under
subsection (b)--
(i) the efforts of the Agency, minority
business centers, and minority chambers of
commerce to develop services to assist minority
business enterprises;
(ii) the challenges faced by owners of
minority business enterprises in accessing
services provided by the Agency, minority business
centers, and minority chambers of commerce;
(iii) the number of unique minority business
enterprises that were served by the Agency,
minority business centers, or minority chambers of
commerce; and
(iv) other relevant outcome performance data
with respect to minority business enterprises,
including the number of employees affected, the
effect on sales, the disruptions of supply chains,
and the efforts made by the Agency, minority
business centers, and minority chambers of
commerce to mitigate these effects .
(e) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section, to remain available
until expended.
SEC. 1109. <<NOTE: 15 USC 9008.>> UNITED STATES TREASURY PROGRAM
MANAGEMENT AUTHORITY.
(a) Definitions.--In this section--
(1) the terms ``appropriate Federal banking agency'' and
``insured depository institution'' have the meanings given those
terms in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813);
[[Page 134 STAT. 305]]
(2) the term ``insured credit union'' has the meaning given
the term in section 101 of the Federal Credit Union Act (12
U.S.C. 1752); and
(3) the term ``Secretary'' means the Secretary of the
Treasury.
(b) Authority to Include Additional Financial Institutions.--The
Department <<NOTE: Consultation. Criteria.>> of the Treasury, in
consultation with the Administrator, and the Chairman of the Farm Credit
Administration shall establish criteria for insured depository
institutions, insured credit unions, institutions of the Farm Credit
System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et
seq.), and other lenders that do not already participate in lending
under programs of the Administration, to participate in the paycheck
protection program to provide loans under this section until the date on
which the national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
Coronavirus Disease 2019 (COVID-19) expires.
(c) <<NOTE: Determination. Consultation.>> Safety and Soundness.--
An insured depository institution, insured credit union, institution of
the Farm Credit System chartered under the Farm Credit Act of 1971 (12
U.S.C. 2001 et seq.), or other lender may only participate in the
program established under this section if participation does not affect
the safety and soundness of the institution or lender, as determined by
the Secretary in consultation with the appropriate Federal banking
agencies or the National Credit Union Administration Board, as
applicable.
(d) Regulations for Lenders and Loans.--
(1) In general.--The Secretary may issue regulations and
guidance as necessary to carry out the purposes of this section,
including to--
(A) allow additional lenders to originate loans
under this section; and
(B) establish terms and conditions for loans under
this section, including terms and conditions concerning
compensation, underwriting standards, interest rates,
and maturity.
(2) Requirements.--The terms and conditions established
under paragraph (1) shall provide for the following:
(A) A rate of interest that does not exceed the
maximum permissible rate of interest available on a loan
of comparable maturity under paragraph (36) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)), as
added by section 1102 of this Act.
(B) Terms and conditions that, to the maximum extent
practicable, are consistent with the terms and
conditions required under the following provisions of
paragraph (36) of section 7(a) of the Small Business Act
(15 U.S.C. 636(a)), as added by section 1102 of this
Act:
(i) Subparagraph (D), pertaining to borrower
eligibility.
(ii) Subparagraph (E), pertaining to the
maximum loan amount.
(iii) Subparagraph (F)(i), pertaining to
allowable uses of program loans.
(iv) Subparagraph (H), pertaining to fee
waivers.
(v) Subparagraph (M), pertaining to loan
deferment.
[[Page 134 STAT. 306]]
(C) A guarantee percentage that, to the maximum
extent practicable, is consistent with the guarantee
percentage required under subparagraph (F) of section
7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)),
as added by section 1102 of this Act.
(D) Loan forgiveness under terms and conditions
that, to the maximum extent practicable, is consistent
with the terms and conditions for loan forgiveness under
section 1106 of this Act.
(e) Additional Regulations Generally.--The Secretary may issue
regulations and guidance as necessary to carry out the purposes of this
section, including to allow additional lenders to originate loans under
this title and to establish terms and conditions such as compensation,
underwriting standards, interest rates, and maturity for under this
section.
(f) Certification.--As a condition of receiving a loan under this
section, a borrower shall certify under terms acceptable to the
Secretary that the borrower--
(1) does not have an application pending for a loan under
section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for
the same purpose; and
(2) <<NOTE: Time period.>> has not received such a loan
during the period beginning on February 15, 2020 and ending on
December 31, 2020.
(g) Opt-in for SBA Qualified Lenders.--Lenders qualified to
participate as a lender under 7(a) of the Small Business Act (15 U.S.C.
636(a)) may elect to participate in the paycheck protection program
under the criteria, terms, and conditions established under this
section. Such participation shall not preclude the lenders from
continuing participation as a lender under section 7(a) of the Small
Business Act (15 U.S.C. 636(a)).
(h) Program Administration.--With guidance from the Secretary, the
Administrator shall administer the program established under this
section, including the making and purchasing of guarantees on loans
under the program, until the date on which the national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19)
expires.
(i) Criminal Penalties.--A loan under this section shall be deemed
to be a loan under the Small Business Act (15 U.S.C. 631 et seq.) for
purposes of section 16 of such Act (15 U.S.C. 645).
SEC. 1110. <<NOTE: 15 USC 9009.>> EMERGENCY EIDL GRANTS.
(a) Definitions.--In this section--
(1) the term ``covered period'' means the period beginning
on January 31, 2020 and ending on December 31, 2020; and
(2) the term ``eligible entity'' means--
(A) a business with not more than 500 employees;
(B) any individual who operates under a sole
proprietorship, with or without employees, or as an
independent contractor;
(C) a cooperative with not more than 500 employees;
(D) an ESOP (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)) with not more than 500
employees; or
[[Page 134 STAT. 307]]
(E) a tribal small business concern, as described in
section 31(b)(2)(C) of the Small Business Act (15 U.S.C.
657a(b)(2)(C)), with not more than 500 employees.
(b) Eligible Entities.--During the covered period, in addition to
small business concerns, private nonprofit organizations, and small
agricultural cooperatives, an eligible entity shall be eligible for a
loan made under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)).
(c) <<NOTE: Waiver authority.>> Terms; Credit Elsewhere.--With
respect to a loan made under section 7(b)(2) of the Small Business Act
(15 U.S.C. 636(b)(2)) in response to COVID-19 during the covered period,
the Administrator shall waive--
(1) any rules related the personal guarantee on advances and
loans of not more than $200,000 during the covered period for
all applicants;
(2) <<NOTE: Time period.>> the requirement that an
applicant needs to be in business for the 1-year period before
the disaster, except that no waiver may be made for a business
that was not in operation on January 31, 2020; and
(3) the requirement in the flush matter following
subparagraph (E) of section 7(b)(2) of the Small Business Act
(15 U.S.C. 636(b)(2)), as so redesignated by subsection (f) of
this section, that an applicant be unable to obtain credit
elsewhere.
(d) Approval and Ability to Repay for Small Dollar Loans.--With
respect to a loan made under section 7(b)(2) of the Small Business Act
(15 U.S.C. 636(b)(2)) in response to COVID-19 during the covered period,
the Administrator may--
(1) approve an applicant based solely on the credit score of
the applicant and shall not require an applicant to submit a tax
return or a tax return transcript for such approval; or
(2) use alternative appropriate methods to determine an
applicant's ability to repay.
(e) Emergency Grant.--
(1) <<NOTE: Deadline.>> In general.--During the covered
period, an entity included for eligibility in subsection (b),
including small business concerns, private nonprofit
organizations, and small agricultural cooperatives, that applies
for a loan under section 7(b)(2) of the Small Business Act (15
U.S.C. 636(b)(2)) in response to COVID-19 may request that the
Administrator provide an advance that is, subject to paragraph
(3), in the amount requested by such applicant to such applicant
within 3 days after the Administrator receives an application
from such applicant.
(2) Verification.--Before disbursing amounts under this
subsection, the Administrator shall verify that the applicant is
an eligible entity by accepting a self-certification from the
applicant under penalty of perjury pursuant to section 1746 of
title 28 United States Code.
(3) Amount.--The amount of an advance provided under this
subsection shall be not more than $10,000.
(4) Use of funds.--An advance provided under this subsection
may be used to address any allowable purpose for a loan made
under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)), including--
(A) providing paid sick leave to employees unable to
work due to the direct effect of the COVID-19;
[[Page 134 STAT. 308]]
(B) maintaining payroll to retain employees during
business disruptions or substantial slowdowns;
(C) meeting increased costs to obtain materials
unavailable from the applicant's original source due to
interrupted supply chains;
(D) making rent or mortgage payments; and
(E) repaying obligations that cannot be met due to
revenue losses.
(5) Repayment.--An applicant shall not be required to repay
any amounts of an advance provided under this subsection, even
if subsequently denied a loan under section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)).
(6) Unemployment grant.--If an applicant that receives an
advance under this subsection transfers into, or is approved
for, the loan program under section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), the advance amount shall be reduced from
the loan forgiveness amount for a loan for payroll costs made
under such section 7(a).
(7) Authorization of appropriations.--There is authorized to
be appropriated to the Administration $10,000,000,000 to carry
out this subsection.
(8) Termination.--The authority to carry out grants under
this subsection shall terminate on December 31, 2020.
(f) Emergencies Involving Federal Primary Responsibility Qualifying
for SBA Assistance.--Section 7(b)(2) of the Small Business Act (15
U.S.C. 636(b)(2)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking ``or'' at the end;
(3) in subparagraph (C), by striking ``or'' at the end;
(4) by redesignating subparagraph (D) as subparagraph (E);
(5) by inserting after subparagraph (C) the following:
``(D) an emergency involving Federal primary
responsibility determined to exist by the President
under the section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5191(b)); or''; and
(6) in subparagraph (E), as so redesignated--
(A) by striking ``or (C)'' and inserting ``(C), or
(D)'';
(B) by striking ``disaster declaration'' each place
it appears and inserting ``disaster or emergency
declaration'';
(C) by striking ``disaster has occurred'' and
inserting ``disaster or emergency has occurred'';
(D) by striking ``such disaster'' and inserting
``such disaster or emergency''; and
(E) by striking ``disaster stricken'' and inserting
``disaster- or emergency-stricken''; and
(7) in the flush matter following subparagraph (E), as so
redesignated, by striking the period at the end and inserting
the following: ``: Provided further, That for purposes of
subparagraph (D), the Administrator shall deem that such an
emergency affects each State or subdivision thereof (including
counties), and that each State or subdivision has sufficient
economic damage to small business concerns to qualify for
assistance under this paragraph and the Administrator shall
accept applications for such assistance immediately.''.
[[Page 134 STAT. 309]]
SEC. 1111. <<NOTE: 15 USC 9010.>> RESOURCES AND SERVICES IN
LANGUAGES OTHER THAN ENGLISH.
(a) In General.--The Administrator shall provide the resources and
services made available by the Administration to small business concerns
in the 10 most commonly spoken languages, other than English, in the
United States, which shall include Mandarin, Cantonese, Japanese, and
Korean.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $25,000,000 to carry out this section.
SEC. 1112. <<NOTE: 15 USC 9011.>> SUBSIDY FOR CERTAIN LOAN
PAYMENTS.
(a) Definition of Covered Loan.--In this section, the term ``covered
loan'' means a loan that is--
(1) guaranteed by the Administration under--
(A) section 7(a) of the Small Business Act (15
U.S.C. 636(a))--
(i) including a loan made under the Community
Advantage Pilot Program of the Administration; and
(ii) excluding a loan made under paragraph
(36) of such section 7(a), as added by section
1102; or
(B) title V of the Small Business Investment Act of
1958 (15 U.S.C. 695 et seq.); or
(2) made by an intermediary to a small business concern
using loans or grants received under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)).
(b) Sense of Congress.--It is the sense of Congress that--
(1) all borrowers are adversely affected by COVID-19;
(2) relief payments by the Administration are appropriate
for all borrowers; and
(3) in addition to the relief provided under this Act, the
Administration should encourage lenders to provide payment
deferments, when appropriate, and to extend the maturity of
covered loans, so as to avoid balloon payments or any
requirement for increases in debt payments resulting from
deferments provided by lenders during the period of the national
emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
Coronavirus Disease 2019 (COVID-19).
(c) Principal and Interest Payments.--
(1) <<NOTE: Time periods.>> In general.--The Administrator
shall pay the principal, interest, and any associated fees that
are owed on a covered loan in a regular servicing status--
(A) with respect to a covered loan made before the
date of enactment of this Act and not on deferment, for
the 6-month period beginning with the next payment due
on the covered loan;
(B) with respect to a covered loan made before the
date of enactment of this Act and on deferment, for the
6-month period beginning with the next payment due on
the covered loan after the deferment period; and
(C) with respect to a covered loan made during the
period beginning on the date of enactment of this Act
and ending on the date that is 6 months after such date
of enactment, for the 6-month period beginning with the
first payment due on the covered loan.
[[Page 134 STAT. 310]]
(2) <<NOTE: Deadline.>> Timing of payment.--The
Administrator shall begin making payments under paragraph (1) on
a covered loan not later than 30 days after the date on which
the first such payment is due.
(3) Application of payment.--Any payment made by the
Administrator under paragraph (1) shall be applied to the
covered loan such that the borrower is relieved of the
obligation to pay that amount.
(d) <<NOTE: Coordination.>> Other Requirements.--The Administrator
shall--
(1) communicate and coordinate with the Federal Deposit
Insurance Corporation, the Office of the Comptroller of the
Currency, and State bank regulators to encourage those entities
to not require lenders to increase their reserves on account of
receiving payments made by the Administrator under subsection
(c);
(2) <<NOTE: Waiver authority. Time period.>> waive
statutory limits on maximum loan maturities for any covered loan
durations where the lender provides a deferral and extends the
maturity of covered loans during the 1-year period following the
date of enactment of this Act; and
(3) <<NOTE: Deadline.>> when necessary to provide more time
because of the potential of higher volumes, travel restrictions,
and the inability to access some properties during the COVID-19
pandemic, extend lender site visit requirements to--
(A) not more than 60 days (which may be extended at
the discretion of the Administration) after the
occurrence of an adverse event, other than a payment
default, causing a loan to be classified as in
liquidation; and
(B) not more than 90 days after a payment default.
(e) Rule of Construction.--Nothing in this section may be construed
to limit the authority of the Administrator to make payments pursuant to
subsection (c) with respect to a covered loan solely because the covered
loan has been sold in the secondary market.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $17,000,000,000 to carry out this
section.
SEC. 1113. BANKRUPTCY.
(a) Small Business Debtor Reorganization.--
(1) In general.--Section 1182(1) of title 11, United States
Code, is amended to read as follows:
``(1) <<NOTE: Definition.>> Debtor.--The term `debtor'--
``(A) subject to subparagraph (B), means a person
engaged in commercial or business activities (including
any affiliate of such person that is also a debtor under
this title and excluding a person whose primary activity
is the business of owning single asset real estate) that
has aggregate noncontingent liquidated secured and
unsecured debts as of the date of the filing of the
petition or the date of the order for relief in an
amount not more than $7,500,000 (excluding debts owed to
1 or more affiliates or insiders) not less than 50
percent of which arose from the commercial or business
activities of the debtor; and
``(B) does not include--
``(i) any member of a group of affiliated
debtors that has aggregate noncontingent
liquidated secured
[[Page 134 STAT. 311]]
and unsecured debts in an amount greater than
$7,500,000 (excluding debt owed to 1 or more
affiliates or insiders);
``(ii) any debtor that is a corporation
subject to the reporting requirements under
section 13 or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m, 78o(d)); or
``(iii) any debtor that is an affiliate of an
issuer, as defined in section 3 of the Securities
Exchange Act of 1934 (15 U.S.C. 78c).''.
(2) Applicability of chapters.--Section 103(i) of title 11,
United States Code, is amended by striking ``small business
debtor'' and inserting ``debtor (as defined in section 1182)''.
(3) <<NOTE: 11 USC 1182 note.>> Application of amendment.--
The amendment made by paragraph (1) shall apply only with
respect to cases commenced under title 11, United States Code,
on or after the date of enactment of this Act.
(4) Technical corrections.--
(A) Definition of small business debtor.--Section
101(51D)(B)(iii) of title 11, United States Code, is
amended to read as follows:
``(iii) any debtor that is an affiliate of an
issuer (as defined in section 3 of the Securities
Exchange Act of 1934 (15 U.S.C. 78c)).''.
(B) Unclaimed property.--Section 347(b) of title 11,
United States Code, is amended by striking ``1194'' and
inserting ``1191''.
(5) <<NOTE: 11 USC 1182 note.>> Sunset.--On the date that
is 1 year after the date of enactment of this Act, section
1182(1) of title 11, United States Code, is amended to read as
follows:
``(1) <<NOTE: Definition.>> Debtor.--The term `debtor'
means a small business debtor.''.
(b) Bankruptcy Relief.--
(1) In general.--
(A) Exclusion from current monthly income.--Section
101(10A)(B)(ii) of title 11, United States Code, is
amended--
(i) in subclause (III), by striking ``; and''
and inserting a semicolon;
(ii) in subclause (IV), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(V) Payments made under Federal
law relating to the national emergency
declared by the President under the
National Emergencies Act (50 U.S.C. 1601
et seq.) with respect to the coronavirus
disease 2019 (COVID-19).''.
(B) Confirmation of plan.--Section 1325(b)(2) of
title 11, United States Code, is amended by inserting
``payments made under Federal law relating to the
national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to the coronavirus disease 2019 (COVID-19),''
after ``other than''.
(C) Modification of plan after confirmation.--
Section 1329 of title 11, United States Code, is amended
by adding at end the following:
[[Page 134 STAT. 312]]
``(d)(1) Subject to paragraph (3), for a plan confirmed prior to the
date of enactment of this subsection, the plan may be modified upon the
request of the debtor if--
``(A) the debtor is experiencing or has experienced a
material financial hardship due, directly or indirectly, to the
coronavirus disease 2019 (COVID-19) pandemic; and
``(B) the modification is approved after notice and a
hearing.
``(2) <<NOTE: Time period.>> A plan modified under paragraph (1)
may not provide for payments over a period that expires more than 7
years after the time that the first payment under the original confirmed
plan was due.
``(3) Sections 1322(a), 1322(b), 1323(c), and the requirements of
section 1325(a) shall apply to any modification under paragraph (1).''.
(D) Applicability.--
(i) <<NOTE: 11 USC 101 note.>> The amendments
made by subparagraphs (A) and (B) shall apply to
any case commenced before, on, or after the date
of enactment of this Act.
(ii) <<NOTE: 11 USC 1329 note.>> The
amendment made by subparagraph (C) shall apply to
any case for which a plan has been confirmed under
section 1325 of title 11, United States Code,
before the date of enactment of this Act.
(2) Sunset.--
(A) In general.--
(i) Exclusion from current monthly income.--
Section 101(10A)(B)(ii) of title 11, United States
Code, is amended--
(I) in subclause (III), by striking
the semicolon at the end and inserting
``; and'';
(II) in subclause (IV), by striking
``; and'' and inserting a period; and
(III) by striking subclause (V).
(ii) Confirmation of plan.--Section 1325(b)(2)
of title 11, United States Code, is amended by
striking ``payments made under Federal law
relating to the national emergency declared by the
President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the
coronavirus disease 2019 (COVID-19),''.
(iii) Modification of plan after
confirmation.--Section 1329 of title 11, United
States Code, is amended by striking subsection
(d).
(B) <<NOTE: 11 USC 101 note.>> Effective date.--The
amendments made by subparagraph (A) shall take effect on
the date that is 1 year after the date of enactment of
this Act.
SEC. 1114. <<NOTE: Deadline. 15 USC 9012.>> EMERGENCY RULEMAKING
AUTHORITY.
Not later than 15 days after the date of enactment of this Act, the
Administrator shall issue regulations to carry out this title and the
amendments made by this title without regard to the notice requirements
under section 553(b) of title 5, United States Code.
[[Page 134 STAT. 313]]
TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES
Subtitle A <<NOTE: Relief for Workers Affected by Coronavirus Act.>> --
Unemployment Insurance Provisions
SEC. 2101. <<NOTE: 15 USC 9001 note.>> SHORT TITLE.
This subtitle may be cited as the ``Relief for Workers Affected by
Coronavirus Act''.
SEC. 2102. <<NOTE: 15 USC 9021.>> PANDEMIC UNEMPLOYMENT
ASSISTANCE.
(a) Definitions.--In this section:
(1) COVID-19.--The term ``COVID-19'' means the 2019 Novel
Coronavirus or 2019-nCoV.
(2) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services on
January 27, 2020, with respect to the 2019 Novel Coronavirus.
(3) Covered individual.--The term ``covered individual''--
(A) means an individual who--
(i) is not eligible for regular compensation
or extended benefits under State or Federal law or
pandemic emergency unemployment compensation under
section 2107, including an individual who has
exhausted all rights to regular unemployment or
extended benefits under State or Federal law or
pandemic emergency unemployment compensation under
section 2107; and
(ii) provides self-certification that the
individual--
(I) is otherwise able to work and
available for work within the meaning of
applicable State law, except the
individual is unemployed, partially
unemployed, or unable or unavailable to
work because--
(aa) the individual has been
diagnosed with COVID-19 or is
experiencing symptoms of COVID-
19 and seeking a medical
diagnosis;
(bb) a member of the
individual's household has been
diagnosed with COVID-19;
(cc) the individual is
providing care for a family
member or a member of the
individual's household who has
been diagnosed with COVID-19;
(dd) a child or other person
in the household for which the
individual has primary
caregiving responsibility is
unable to attend school or
another facility that is closed
as a direct result of the COVID-
19 public health emergency and
such school or facility care is
required for the individual to
work;
(ee) the individual is
unable to reach the place of
employment because of a
quarantine imposed as a direct
result of the COVID-19 public
health emergency;
[[Page 134 STAT. 314]]
(ff) the individual is
unable to reach the place of
employment because the
individual has been advised by a
health care provider to self-
quarantine due to concerns
related to COVID-19;
(gg) the individual was
scheduled to commence employment
and does not have a job or is
unable to reach the job as a
direct result of the COVID-19
public health emergency;
(hh) the individual has
become the breadwinner or major
support for a household because
the head of the household has
died as a direct result of
COVID-19;
(ii) the individual has to
quit his or her job as a direct
result of COVID-19;
(jj) the individual's place
of employment is closed as a
direct result of the COVID-19
public health emergency; or
(kk) the individual meets
any additional criteria
established by the Secretary for
unemployment assistance under
this section; or
(II) is self-employed, is seeking
part-time employment, does not have
sufficient work history, or otherwise
would not qualify for regular
unemployment or extended benefits under
State or Federal law or pandemic
emergency unemployment compensation
under section 2107 and meets the
requirements of subclause (I); and
(B) does not include--
(i) an individual who has the ability to
telework with pay; or
(ii) an individual who is receiving paid sick
leave or other paid leave benefits, regardless of
whether the individual meets a qualification
described in items (aa) through (kk) of
subparagraph (A)(i)(I).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau.
(b) Assistance for Unemployment as a Result of COVID-19.--Subject to
subsection (c), the Secretary shall provide to any covered individual
unemployment benefit assistance while such individual is unemployed,
partially unemployed, or unable to work for the weeks of such
unemployment with respect to which the individual is not entitled to any
other unemployment compensation (as that term is defined in section
85(b) of title 26, United States Code) or waiting period credit.
(c) Applicability.--
(1) In general.--Except as provided in paragraph (2), the
assistance authorized under subsection (b) shall be available to
a covered individual--
(A) <<NOTE: Time period.>> for weeks of
unemployment, partial unemployment, or inability to work
caused by COVID-19--
[[Page 134 STAT. 315]]
(i) beginning on or after January 27, 2020;
and
(ii) ending on or before December 31, 2020;
and
(B) subject to subparagraph (A)(ii), as long as the
covered individual's unemployment, partial unemployment,
or inability to work caused by COVID-19 continues.
(2) Limitation on duration of assistance.--The total number
of weeks for which a covered individual may receive assistance
under this section shall not exceed 39 weeks and such total
shall include any week for which the covered individual received
regular compensation or extended benefits under any Federal or
State law, except that if after the date of enactment of this
Act, the duration of extended benefits is extended, the 39-week
period described in this paragraph shall be extended by the
number of weeks that is equal to the number of weeks by which
the extended benefits were extended.
(3) Assistance for unemployment before date of enactment.--
The <<NOTE: Time period.>> Secretary shall establish a process
for making assistance under this section available for weeks
beginning on or after January 27, 2020, and before the date of
enactment of this Act.
(d) Amount of Assistance.--
(1) In general.--The assistance authorized under subsection
(b) for a week of unemployment, partial unemployment, or
inability to work shall be--
(A)(i) the weekly benefit amount authorized under
the unemployment compensation law of the State where the
covered individual was employed, except that the amount
may not be less than the minimum weekly benefit amount
described in section 625.6 of title 20, Code of Federal
Regulations, or any successor thereto; and
(ii) the amount of Federal Pandemic Unemployment
Compensation under section 2104; and
(B) in the case of an increase of the weekly benefit
amount after the date of enactment of this Act,
increased in an amount equal to such increase.
(2) Calculations of amounts for certain covered
individuals.--In the case of a covered individual who is self-
employed, who lives in a territory described in subsection (c)
or (d) of section 625.6 of title 20, Code of Federal
Regulations, or who would not otherwise qualify for unemployment
compensation under State law, the assistance authorized under
subsection (b) for a week of unemployment shall be calculated in
accordance with section 625.6 of title 20, Code of Federal
Regulations, or any successor thereto, and shall be increased by
the amount of Federal Pandemic Unemployment Compensation under
section 2104.
(3) Allowable methods of payment.--Any assistance provided
for in accordance with paragraph (1)(A)(ii) shall be payable
either--
(A) as an amount which is paid at the same time and
in the same manner as the assistance provided for in
paragraph (1)(A)(i) is payable for the week involved; or
(B) at the option of the State, by payments which
are made separately from, but on the same weekly basis
as, any assistance provided for in paragraph (1)(A)(i).
[[Page 134 STAT. 316]]
(e) Waiver of State Requirement.--Notwithstanding State law, for
purposes of assistance authorized under this section, compensation under
this Act shall be made to an individual otherwise eligible for such
compensation without any waiting period.
(f) Agreements With States.--
(1) In general.--The Secretary shall provide the assistance
authorized under subsection (b) through agreements with States
which, in the judgment of the Secretary, have an adequate system
for administering such assistance through existing State
agencies.
(2) Payments to states.--There shall be paid to each State
which has entered into an agreement under this subsection an
amount equal to 100 percent of--
(A) the total amount of assistance provided by the
State pursuant to such agreement; and
(B) any additional administrative expenses incurred
by the State by reason of such agreement (as determined
by the Secretary), including any administrative expenses
necessary to facilitate processing of applications for
assistance under this section online or by telephone
rather than in-person.
(3) <<NOTE: Reimbursement. Determination. Estimate.>> Terms
of payments.--Sums payable to any State by reason of such
State's having an agreement under this subsection shall be
payable, either in advance or by way of reimbursement (as
determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this
subsection for each calendar month, reduced or increased, as the
case may be, by any amount by which the Secretary finds that his
estimates for any prior calendar month were greater or less than
the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the Secretary
and the State agency of the State involved.
(g) Funding.--
(1) Assistance.--
(A) In general.--Funds in the extended unemployment
compensation account (as established by section 905(a)
of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section
904(a) of such Act (42 U.S.C. 1104(a)) shall be used to
make payments to States pursuant to subsection
(f)(2)(A).
(B) Transfer of funds.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from
funds not otherwise appropriated) to the extended
unemployment compensation account such sums as the
Secretary of Labor estimates to be necessary to make
payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in
the preceding sentence and such sums shall not be
required to be repaid.
(2) Administrative expenses.--
(A) In general.--Funds in the employment security
administration account (as established by section 901(a)
of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section
[[Page 134 STAT. 317]]
904(a) of such Act (42 U.S.C. 1104(a)) shall be used to
make payments to States pursuant to subsection
(f)(2)(B).
(B) Transfer of funds.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from
funds not otherwise appropriated) to the employment
security administration account such sums as the
Secretary of Labor estimates to be necessary to make
payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in
the preceding sentence and such sums shall not be
required to be repaid.
(3) Certifications.--The Secretary of Labor shall from time
to time certify to the Secretary of the Treasury for payment to
each State the sums payable to such State under paragraphs (1)
and (2).
(h) Relationship Between Pandemic Unemployment Assistance and
Disaster Unemployment Assistance.--Except
as <<NOTE: Applicability. Definitions.>> otherwise provided in this
section or to the extent there is a conflict between this section and
section 625 of title 20, Code of Federal Regulations, such section 625
shall apply to this section as if--
(1) the term ``COVID-19 public health emergency'' were
substituted for the term ``major disaster'' each place it
appears in such section 625; and
(2) the term ``pandemic'' were substituted for the term
``disaster'' each place it appears in such section 625.
SEC. 2103. <<NOTE: 15 USC 9022.>> EMERGENCY UNEMPLOYMENT RELIEF
FOR GOVERNMENTAL ENTITIES AND NONPROFIT
ORGANIZATIONS.
(a) Flexibility in Paying Reimbursement.--The Secretary of Labor may
issue clarifying guidance to allow States to interpret their State
unemployment compensation laws in a manner that would provide maximum
flexibility to reimbursing employers as it relates to timely payment and
assessment of penalties and interest pursuant to such State laws.
(b) Federal Funding.--Section 903 of the Social Security Act (42
U.S.C. 1103) is amended by adding at the end the following:
``Transfers for Federal Reimbursement of State Unemployment Funds
``(i)(1)(A) In addition to any other amounts, the Secretary of Labor
shall provide for the transfer of funds during the applicable period to
the accounts of the States in the Unemployment Trust Fund, by transfer
from amounts reserved for that purpose in the Federal unemployment
account, in accordance with the succeeding provisions of this
subsection.
``(B) The amount of funds transferred to the account of a State
under subparagraph (A) during the applicable period shall, as determined
by the Secretary of Labor, be equal to one-half of the amounts of
compensation (as defined in section 3306(h) of the Internal Revenue Code
of 1986) attributable under the State law to service to which section
3309(a)(1) of such Code applies that were paid by the State for weeks of
unemployment beginning and ending during such period. Such transfers
shall be made at such times as the Secretary of Labor considers
appropriate.
``(C) Notwithstanding any other law, funds transferred to the
account of a State under subparagraph (A) shall be used exclusively
[[Page 134 STAT. 318]]
to reimburse governmental entities and other organizations described in
section 3309(a)(2) of such Code for amounts paid (in lieu of
contributions) into the State unemployment fund pursuant to such
section.
``(D) <<NOTE: Definition. Time period.>> For purposes of this
paragraph, the term `applicable period' means the period beginning on
March 13, 2020, and ending on December 31, 2020.
``(2)(A) Notwithstanding any other provision of law, the Secretary
of the Treasury shall transfer from the general fund of the Treasury
(from funds not otherwise appropriated) to the Federal unemployment
account such sums as the Secretary of Labor estimates to be necessary
for purposes of making the transfers described in paragraph (1).
``(B) There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in subparagraph (A)
and such sums shall not be required to be repaid.''.
SEC. 2104. <<NOTE: 15 USC 9023.>> EMERGENCY INCREASE IN
UNEMPLOYMENT COMPENSATION BENEFITS.
(a) Federal-State Agreements.--Any State which desires to do so may
enter into and participate in an agreement under this section with the
Secretary of Labor (in this section referred to as the
``Secretary''). <<NOTE: Time period. Notification.>> Any State which is
a party to an agreement under this section may, upon providing 30 days'
written notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--
(1) Federal pandemic unemployment compensation.--Any
agreement under this section shall provide that the State agency
of the State will make payments of regular compensation to
individuals in amounts and to the extent that they would be
determined if the State law of the State were applied, with
respect to any week for which the individual is (disregarding
this section) otherwise entitled under the State law to receive
regular compensation, as if such State law had been modified in
a manner such that the amount of regular compensation (including
dependents' allowances) payable for any week shall be equal to--
(A) the amount determined under the State law
(before the application of this paragraph), plus
(B) an additional amount of $600 (in this section
referred to as ``Federal Pandemic Unemployment
Compensation'').
(2) Allowable methods of payment.--Any Federal Pandemic
Unemployment Compensation provided for in accordance with
paragraph (1) shall be payable either--
(A) as an amount which is paid at the same time and
in the same manner as any regular compensation otherwise
payable for the week involved; or
(B) at the option of the State, by payments which
are made separately from, but on the same weekly basis
as, any regular compensation otherwise payable.
(c) Nonreduction Rule.--
(1) <<NOTE: Determination.>> In general.--An agreement
under this section shall not apply (or shall cease to apply)
with respect to a State upon a determination by the Secretary
that the method governing the computation of regular
compensation under the State
[[Page 134 STAT. 319]]
law of that State has been modified in a manner such that the
number of weeks (the maximum benefit entitlement), or the
average weekly benefit amount, of regular compensation which
will be payable during the period of the agreement (determined
disregarding any Federal Pandemic Unemployment Compensation)
will be less than the number of weeks, or the average weekly
benefit amount, of the average weekly benefit amount of regular
compensation which would otherwise have been payable during such
period under the State law, as in effect on January 1, 2020.
(2) <<NOTE: Definition.>> Maximum benefit entitlement.--In
paragraph (1), the term ``maximum benefit entitlement'' means
the amount of regular unemployment compensation payable to an
individual with respect to the individual's benefit year.
(d) Payments to States.--
(1) In general.--
(A) Full reimbursement.--There shall be paid to each
State which has entered into an agreement under this
section an amount equal to 100 percent of--
(i) the total amount of Federal Pandemic
Unemployment Compensation paid to individuals by
the State pursuant to such agreement; and
(ii) <<NOTE: Determination.>> any additional
administrative expenses incurred by the State by
reason of such agreement (as determined by the
Secretary).
(B) <<NOTE: Reimbursement. Determination. Estimate.>>
Terms of payments.--Sums payable to any State by reason
of such State's having an agreement under this section
shall be payable, either in advance or by way of
reimbursement (as determined by the Secretary), in such
amounts as the Secretary estimates the State will be
entitled to receive under this section for each calendar
month, reduced or increased, as the case may be, by any
amount by which the Secretary finds that his estimates
for any prior calendar month were greater or less than
the amounts which should have been paid to the State.
Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed
upon by the Secretary and the State agency of the State
involved.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(3) Appropriation.--There are appropriated from the general
fund of the Treasury, without fiscal year limitation, such sums
as may be necessary for purposes of this subsection.
(e) <<NOTE: Time period.>> Applicability.--An agreement entered
into under this section shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before July 31, 2020.
(f) Fraud and Overpayments.--
(1) In general.--If an individual knowingly has made, or
caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed, or
caused another to fail, to disclose a material fact, and as a
result
[[Page 134 STAT. 320]]
of such false statement or representation or of such
nondisclosure such individual has received an amount of Federal
Pandemic Unemployment Compensation to which such individual was
not entitled, such individual--
(A) shall be ineligible for further Federal Pandemic
Unemployment Compensation in accordance with the
provisions of the applicable State unemployment
compensation law relating to fraud in connection with a
claim for unemployment compensation; and
(B) shall be subject to prosecution under section
1001 of title 18, United States Code.
(2) Repayment.--In the case of individuals who have received
amounts of Federal Pandemic Unemployment Compensation to which
they were not entitled, the State shall require such individuals
to repay the amounts of such Federal Pandemic Unemployment
Compensation to the State agency, except that the State agency
may waive such repayment if it determines that--
(A) the payment of such Federal Pandemic
Unemployment Compensation was without fault on the part
of any such individual; and
(B) such repayment would be contrary to equity and
good conscience.
(3) Recovery by state agency.--
(A) <<NOTE: Time period.>> In general.--The State
agency shall recover the amount to be repaid, or any
part thereof, by deductions from any Federal Pandemic
Unemployment Compensation payable to such individual or
from any unemployment compensation payable to such
individual under any State or Federal unemployment
compensation law administered by the State agency or
under any other State or Federal law administered by the
State agency which provides for the payment of any
assistance or allowance with respect to any week of
unemployment, during the 3-year period after the date
such individuals received the payment of the Federal
Pandemic Unemployment Compensation to which they were
not entitled, in accordance with the same procedures as
apply to the recovery of overpayments of regular
unemployment benefits paid by the State.
(B) <<NOTE: Determination. Notification.>>
Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
(4) <<NOTE: Determination.>> Review.--Any determination by
a State agency under this section shall be subject to review in
the same manner and to the same extent as determinations under
the State unemployment compensation law, and only in that manner
and to that extent.
(g) Application to Other Unemployment Benefits.--Each agreement
under this section shall include provisions to provide that the purposes
of the preceding provisions of this section shall be applied with
respect to unemployment benefits described in subsection (i)(2) to the
same extent and in the same manner as if those benefits were regular
compensation.
(h) Disregard of Additional Compensation for Purposes of Medicaid
and CHIP.--The monthly equivalent of any Federal
[[Page 134 STAT. 321]]
pandemic unemployment compensation paid to an individual under this
section shall be disregarded when determining income for any purpose
under the programs established under titles XIX and title XXI of the
Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.) .
(i) Definitions.--For purposes of this section--
(1) the terms ``compensation'', ``regular compensation'',
``benefit year'', ``State'', ``State agency'', ``State law'',
and ``week'' have the respective meanings given such terms under
section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note); and
(2) any reference to unemployment benefits described in this
paragraph shall be considered to refer to--
(A) extended compensation (as defined by section 205
of the Federal-State Extended Unemployment Compensation
Act of 1970);
(B) regular compensation (as defined by section
85(b) of the Internal Revenue Code of 1986) provided
under any program administered by a State under an
agreement with the Secretary;
(C) pandemic unemployment assistance under section
2102; and
(D) pandemic emergency unemployment compensation
under section 2107.
SEC. 2105. <<NOTE: 15 USC 9024.>> TEMPORARY FULL FEDERAL FUNDING
OF THE FIRST WEEK OF COMPENSABLE REGULAR
UNEMPLOYMENT FOR STATES WITH NO WAITING
WEEK.
(a) Federal-State Agreements.--Any State which desires to do so may
enter into and participate in an agreement under this section with the
Secretary of Labor (in this section referred to as the
``Secretary''). <<NOTE: Time period. Notice.>> Any State which is a
party to an agreement under this section may, upon providing 30 days'
written notice to the Secretary, terminate such agreement.
(b) Requirement That State Law Does Not Apply a Waiting Week.--A
State is eligible to enter into an agreement under this section if the
State law (including a waiver of State law) provides that compensation
is paid to individuals for their first week of regular unemployment
without a waiting week. <<NOTE: Determination.>> An agreement under
this section shall not apply (or shall cease to apply) with respect to a
State upon a determination by the Secretary that the State law no longer
meets the requirement under the preceding sentence.
(c) <<NOTE: Determinations.>> Payments to States.--
(1) Full reimbursement.--There shall be paid to each State
which has entered into an agreement under this section an amount
equal to 100 percent of--
(A) the total amount of regular compensation paid to
individuals by the State for their first week of regular
unemployment; and
(B) any additional administrative expenses incurred
by the State by reason of such agreement (as determined
by the Secretary).
(2) Terms of payments.--Sums payable to any State by reason
of such State's having an agreement under this section shall be
payable, either in advance or by way of reimbursement (as
determined by the Secretary), in such amounts as the
[[Page 134 STAT. 322]]
Secretary estimates the State will be entitled to receive under
this section for each calendar month, reduced or increased, as
the case may be, by any amount by which the Secretary finds that
his estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the Secretary
and the State agency of the State involved.
(d) Funding.--
(1) Compensation.--
(A) In general.--Funds in the Federal unemployment
account (as established by section 905(g)) of the
Unemployment Trust Fund (as established by section
904(a)) shall be used to make payments under subsection
(c)(1)(A).
(B) Transfer of funds.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from
funds not otherwise appropriated) to the Federal
unemployment account such sums as the Secretary of Labor
estimates to be necessary to make payments described in
subparagraph (A). There are appropriated from the
general fund of the Treasury, without fiscal year
limitation, the sums referred to in the preceding
sentence and such sums shall not be required to be
repaid.
(2) Administrative expenses.--
(A) In general.--Funds in the employment security
administration account (as established by section 901(a)
of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section
904(a) of such Act (42 U.S.C. 1104(a)) shall be used to
make payments to States pursuant to subsection
(c)(1)(B).
(B) Transfer of funds.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from
funds not otherwise appropriated) to the employment
security administration account such sums as the
Secretary of Labor estimates to be necessary to make
payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in
the preceding sentence and such sums shall not be
required to be repaid.
(3) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(e) <<NOTE: Time period.>> Applicability.--An agreement entered
into under this section shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before December 31, 2020.
(f) <<NOTE: Applicability.>> Fraud and Overpayments.--The
provisions of section 2107(e) shall apply with respect to compensation
paid under an agreement under this section to the same extent and in the
same manner as in the case of pandemic emergency unemployment
compensation under such section.
(g) Definitions.--For purposes of this section, the terms ``regular
compensation'', ``State'', ``State agency'', ``State law'', and ``week''
[[Page 134 STAT. 323]]
have the respective meanings given such terms under section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note).
SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY.
Section 4102(b) of the Emergency Unemployment Stabilization and
Access Act of 2020 (contained in division D of the Families First
Coronavirus Response Act) <<NOTE: Ante, p. 194.>> is amended--
(1) by striking ``or employer experience rating'' and
inserting ``employer experience rating, or, subject to the
succeeding sentence, personnel standards on a merit basis''; and
(2) <<NOTE: Termination date.>> by adding at the end the
following new sentence: ``The emergency flexibility for
personnel standards on a merit basis shall only apply through
December 31, 2020, and is limited to engaging of temporary
staff, rehiring of retirees or former employees on a non-
competitive basis, and other temporary actions to quickly
process applications and claims.''.
SEC. 2107. <<NOTE: 15 USC 9025.>> PANDEMIC EMERGENCY UNEMPLOYMENT
COMPENSATION.
(a) Federal-State Agreements.--
(1) In general.--Any State which desires to do so may enter
into and participate in an agreement under this section with the
Secretary of Labor (in this section referred to as the
``Secretary''). <<NOTE: Time period. Notification.>> Any State
which is a party to an agreement under this section may, upon
providing 30 days' written notice to the Secretary, terminate
such agreement.
(2) Provisions of agreement.--Any agreement under paragraph
(1) shall provide that the State agency of the State will make
payments of pandemic emergency unemployment compensation to
individuals who--
(A) have exhausted all rights to regular
compensation under the State law or under Federal law
with respect to a benefit year (excluding any benefit
year that ended before July1, 2019);
(B) have no rights to regular compensation with
respect to a week under such law or any other State
unemployment compensation law or to compensation under
any other Federal law;
(C) are not receiving compensation with respect to
such week under the unemployment compensation law of
Canada; and
(D) are able to work, available to work, and
actively seeking work.
(3) Exhaustion of benefits.--For purposes of paragraph
(2)(A), an individual shall be deemed to have exhausted such
individual's rights to regular compensation under a State law
when--
(A) no payments of regular compensation can be made
under such law because such individual has received all
regular compensation available to such individual based
on employment or wages during such individual's base
period; or
(B) such individual's rights to such compensation
have been terminated by reason of the expiration of the
benefit year with respect to which such rights existed.
(4) Weekly benefit amount, etc.--For purposes of any
agreement under this section--
[[Page 134 STAT. 324]]
(A) the amount of pandemic emergency unemployment
compensation which shall be payable to any individual
for any week of total unemployment shall be equal to--
(i) the amount of the regular compensation
(including dependents' allowances) payable to such
individual during such individual's benefit year
under the State law for a week of total
unemployment; and
(ii) the amount of Federal Pandemic
Unemployment Compensation under section 2104;
(B) the terms and conditions of the State law which
apply to claims for regular compensation and to the
payment thereof (including terms and conditions relating
to availability for work, active search for work, and
refusal to accept work) shall apply to claims for
pandemic emergency unemployment compensation and the
payment thereof, except where otherwise inconsistent
with the provisions of this section or with the
regulations or operating instructions of the Secretary
promulgated to carry out this section;
(C) the maximum amount of pandemic emergency
unemployment compensation payable to any individual for
whom an pandemic emergency unemployment compensation
account is established under subsection (b) shall not
exceed the amount established in such account for such
individual; and
(D) the allowable methods of payment under section
2104(b)(2) shall apply to payments of amounts described
in subparagraph (A)(ii).
(5) <<NOTE: Applicability. Determination.>> Coordination
rule.--An agreement under this section shall apply with respect
to a State only upon a determination by the Secretary that,
under the State law or other applicable rules of such State, the
payment of extended compensation for which an individual is
otherwise eligible must be deferred until after the payment of
any pandemic emergency unemployment compensation under
subsection (b) for which the individual is concurrently
eligible.
(6) Nonreduction rule.--
(A) <<NOTE: Determination.>> In general.--An
agreement under this section shall not apply (or shall
cease to apply) with respect to a State upon a
determination by the Secretary that the method governing
the computation of regular compensation under the State
law of that State has been modified in a manner such
that the number of weeks (the maximum benefit
entitlement), or the average weekly benefit amount, of
regular compensation which will be payable during the
period of the agreement will be less than the number of
weeks, or the average weekly benefit amount, of the
average weekly benefit amount of regular compensation
which would otherwise have been payable during such
period under the State law, as in effect on January 1,
2020.
(B) <<NOTE: Definition.>> Maximum benefit
entitlement.--In subparagraph (A), the term ``maximum
benefit entitlement'' means the amount of regular
unemployment compensation payable to an individual with
respect to the individual's benefit year.
(7) Actively seeking work.--
[[Page 134 STAT. 325]]
(A) <<NOTE: Definition.>> In general.--Subject to
subparagraph (C), for purposes of paragraph (2)(D), the
term ``actively seeking work'' means, with respect to
any individual, that such individual--
(i) is registered for employment services in
such a manner and to such extent as prescribed by
the State agency;
(ii) has engaged in an active search for
employment that is appropriate in light of the
employment available in the labor market, the
individual's skills and capabilities, and includes
a number of employer contacts that is consistent
with the standards communicated to the individual
by the State;
(iii) has maintained a record of such work
search, including employers contacted, method of
contact, and date contacted; and
(iv) when requested, has provided such work
search record to the State agency.
(B) Flexibility.--Notwithstanding the requirements
under subparagraph (A) and paragraph (2)(D), a State
shall provide flexibility in meeting such requirements
in case of individuals unable to search for work because
of COVID-19, including because of illness, quarantine,
or movement restriction.
(b) Pandemic Emergency Unemployment Compensation Account.--
(1) In general.--Any agreement under this section shall
provide that the State will establish, for each eligible
individual who files an application for pandemic emergency
unemployment compensation, an pandemic emergency unemployment
compensation account with respect to such individual's benefit
year.
(2) Amount in account.--The amount established in an account
under subsection (a) shall be equal to 13 times the individual's
average weekly benefit amount, which includes the amount of
Federal Pandemic Unemployment Compensation under section 2104,
for the benefit year.
(3) Weekly benefit amount.--For purposes of this subsection,
an individual's weekly benefit amount for any week is the amount
of regular compensation (including dependents' allowances) under
the State law payable to such individual for such week for total
unemployment plus the amount of Federal Pandemic Unemployment
Compensation under section 2104.
(c) Payments to States Having Agreements for the Payment of Pandemic
Emergency Unemployment Compensation.--
(1) In general.--There shall be paid to each State that has
entered into an agreement under this section an amount equal to
100 percent of the pandemic emergency unemployment compensation
paid to individuals by the State pursuant to such agreement.
(2) Treatment of reimbursable compensation.--No payment
shall be made to any State under this section in respect of any
compensation to the extent the State is entitled to
reimbursement in respect of such compensation under the
provisions of any Federal law other than this section or chapter
85 of title 5, United States Code. A State shall not be entitled
to any reimbursement under such chapter 85 in respect of
[[Page 134 STAT. 326]]
any compensation to the extent the State is entitled to
reimbursement under this section in respect of such
compensation.
(3) <<NOTE: Reimbursement. Estimate.>> Determination of
amount.--Sums payable to any State by reason of such State
having an agreement under this section shall be payable, either
in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the
State will be entitled to receive under this section for each
calendar month, reduced or increased, as the case may be, by any
amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less than
the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the Secretary
and the State agency of the State involved.
(d) Financing Provisions.--
(1) Compensation.--
(A) In general.--Funds in the extended unemployment
compensation account (as established by section 905(a)
of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section
904(a) of such Act (42 U.S.C. 1104(a)) shall be used for
the making of payments to States having agreements
entered into under this section.
(B) Transfer of funds.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from
funds not otherwise appropriated) to the extended
unemployment compensation account such sums as the
Secretary of Labor estimates to be necessary to make
payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in
the preceding sentence and such sums shall not be
required to be repaid.
(2) Administration.--
(A) In general.--There are appropriated out of the
employment security administration account (as
established by section 901(a) of the Social Security Act
(42 U.S.C. 1101(a)) of the Unemployment Trust Fund,
without fiscal year limitation, such funds as may be
necessary for purposes of assisting States (as provided
in title III of the Social Security Act (42 U.S.C. 501
et seq.)) in meeting the costs of administration of
agreements under this section.
(B) Transfer of funds.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from
funds not otherwise appropriated) to the employment
security administration account such sums as the
Secretary of Labor estimates to be necessary to make
payments described in subparagraph (A). There are
appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in
the preceding sentence and such sums shall not be
required to be repaid.
(3) Certification.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
[[Page 134 STAT. 327]]
State the sums payable to such State under this subsection. The
Secretary of the Treasury, prior to audit or settlement by the
Government Accountability Office, shall make payments to the
State in accordance with such certification, by transfers from
the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment
Trust Fund (as so established).
(e) Fraud and Overpayments.--
(1) In general.--If an individual knowingly has made, or
caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed, or
caused another to fail, to disclose a material fact, and as a
result of such false statement or representation or of such
nondisclosure such individual has received an amount of pandemic
emergency unemployment compensation under this section to which
such individual was not entitled, such individual--
(A) shall be ineligible for further pandemic
emergency unemployment compensation under this section
in accordance with the provisions of the applicable
State unemployment compensation law relating to fraud in
connection with a claim for unemployment compensation;
and
(B) shall be subject to prosecution under section
1001 of title 18, United States Code.
(2) <<NOTE: Waiver authority. Determination.>> Repayment.--
In the case of individuals who have received amounts of pandemic
emergency unemployment compensation under this section to which
they were not entitled, the State shall require such individuals
to repay the amounts of such pandemic emergency unemployment
compensation to the State agency, except that the State agency
may waive such repayment if it determines that--
(A) the payment of such pandemic emergency
unemployment compensation was without fault on the part
of any such individual; and
(B) such repayment would be contrary to equity and
good conscience.
(3) Recovery by state agency.--
(A) <<NOTE: Time period.>> In general.--The State
agency shall recover the amount to be repaid, or any
part thereof, by deductions from any pandemic emergency
unemployment compensation payable to such individual
under this section or from any unemployment compensation
payable to such individual under any State or Federal
unemployment compensation law administered by the State
agency or under any other State or Federal law
administered by the State agency which provides for the
payment of any assistance or allowance with respect to
any week of unemployment, during the 3-year period after
the date such individuals received the payment of the
pandemic emergency unemployment compensation to which
they were not entitled, in accordance with the same
procedures as apply to the recovery of overpayments of
regular unemployment benefits paid by the State.
(B) <<NOTE: Determination. Notification.>>
Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
[[Page 134 STAT. 328]]
(4) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to the
same extent as determinations under the State unemployment
compensation law, and only in that manner and to that extent.
(f) Definitions.--In this section, the terms ``compensation'',
``regular compensation'', ``extended compensation'', ``benefit year'',
``base period'', ``State'', ``State agency'', ``State law'', and
``week'' have the respective meanings given such terms under section 205
of the Federal-State Extended Unemployment Compensation Act of 1970 (26
U.S.C. 3304 note).
(g) <<NOTE: Time period.>> Applicability.--An agreement entered
into under this section shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before December 31, 2020.
SEC. 2108. <<NOTE: 15 USC 9026.>> TEMPORARY FINANCING OF SHORT-
TIME COMPENSATION PAYMENTS IN STATES
WITH PROGRAMS IN LAW.
(a) Payments to States.--
(1) In general.--Subject to paragraph (3), there shall be
paid to a State an amount equal to 100 percent of the amount of
short-time compensation paid under a short-time compensation
program (as defined in section 3306(v) of the Internal Revenue
Code of 1986) under the provisions of the State law.
(2) <<NOTE: Reimbursement. Estimate.>> Terms of payments.--
Payments made to a State under paragraph (1) shall be payable by
way of reimbursement in such amounts as the Secretary estimates
the State will be entitled to receive under this section for
each calendar month, reduced or increased, as the case may be,
by any amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less than
the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the Secretary
and the State agency of the State involved.
(3) Limitations on payments.--
(A) General payment limitations.--No payments shall
be made to a State under this section for short-time
compensation paid to an individual by the State during a
benefit year in excess of 26 times the amount of regular
compensation (including dependents' allowances) under
the State law payable to such individual for a week of
total unemployment.
(B) Employer limitations.--No payments shall be made
to a State under this section for benefits paid to an
individual by the State under a short-time compensation
program if such individual is employed by the
participating employer on a seasonal, temporary, or
intermittent basis.
(b) <<NOTE: Time period.>> Applicability.--Payments to a State
under subsection (a) shall be available for weeks of unemployment--
(1) beginning on or after the date of the enactment of this
Act; and
(2) ending on or before December 31, 2020.
(c) New Programs.--Subject to subsection (b)(2), if at any point
after the date of the enactment of this Act the State enacts a State law
providing for the payment of short-time compensation
[[Page 134 STAT. 329]]
under a short-time compensation program that meets the definition of
such a program under section 3306(v) of the Internal Revenue Code of
1986, the State shall be eligible for payments under this section after
the effective date of such enactment.
(d) Funding and Certifications.--
(1) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(e) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
(f) Technical Correction to Definition.--Section 3306(v)(6) of the
Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by striking
``Workforce Investment Act of 1998'' and inserting ``Workforce
Innovation and Opportunity Act''.
SEC. 2109. <<NOTE: 15 USC 9027.>> TEMPORARY FINANCING OF SHORT-
TIME COMPENSATION AGREEMENTS.
(a) Federal-State Agreements.--
(1) In general.--Any State which desires to do so may enter
into, and participate in, an agreement under this section with
the Secretary provided that such State's law does not provide
for the payment of short-time compensation under a short-time
compensation program (as defined in section 3306(v) of the
Internal Revenue Code of 1986).
(2) <<NOTE: Deadline. Notification.>> Ability to
terminate.--Any State which is a party to an agreement under
this section may, upon providing 30 days' written notice to the
Secretary, terminate such agreement.
(b) Provisions of Federal-State Agreement.--
(1) In general.--Any agreement under this section shall
provide that the State agency of the State will make payments of
short-time compensation under a plan approved by the State. Such
plan shall provide that payments are made in accordance with the
requirements under section 3306(v) of the Internal Revenue Code
of 1986.
(2) Limitations on plans.--
(A) General payment limitations.--A short-time
compensation plan approved by a State shall not permit
the payment of short-time compensation to an individual
by the State during a benefit year in excess of 26 times
the amount of regular compensation (including
dependents' allowances) under the State law payable to
such individual for a week of total unemployment.
(B) Employer limitations.--A short-time compensation
plan approved by a State shall not provide payments to
an individual if such individual is employed by the
participating employer on a seasonal, temporary, or
intermittent basis.
(3) Employer payment of costs.--Any short-time compensation
plan entered into by an employer must provide that
[[Page 134 STAT. 330]]
the employer will pay the State an amount equal to one-half of
the amount of short-time compensation paid under such plan. Such
amount shall be deposited in the State's unemployment fund and
shall not be used for purposes of calculating an employer's
contribution rate under section 3303(a)(1) of the Internal
Revenue Code of 1986.
(c) Payments to States.--
(1) In general.--There shall be paid to each State with an
agreement under this section an amount equal to--
(A) one-half of the amount of short-time
compensation paid to individuals by the State pursuant
to such agreement; and
(B) any additional administrative expenses incurred
by the State by reason of such agreement (as determined
by the Secretary).
(2) <<NOTE: Reimbursement. Estimate.>> Terms of payments.--
Payments made to a State under paragraph (1) shall be payable by
way of reimbursement in such amounts as the Secretary estimates
the State will be entitled to receive under this section for
each calendar month, reduced or increased, as the case may be,
by any amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less than
the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the Secretary
and the State agency of the State involved.
(3) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(4) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(d) <<NOTE: Time period.>> Applicability.--An agreement entered
into under this section shall apply to weeks of unemployment--
(1) beginning on or after the date on which such agreement
is entered into; and
(2) ending on or before December 31, 2020.
(e) Special Rule.--If a State has entered into an agreement under
this section and subsequently enacts a State law providing for the
payment of short-time compensation under a short-time compensation
program that meets the definition of such a program under section
3306(v) of the Internal Revenue Code of 1986, the State--
(1) shall not be eligible for payments under this section
for weeks of unemployment beginning after the effective date of
such State law; and
(2) subject to section 2108(b)(2), shall be eligible to
receive payments under section 2108 after the effective date of
such State law.
(f) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
[[Page 134 STAT. 331]]
SEC. 2110. <<NOTE: 15 USC 9028.>> GRANTS FOR SHORT-TIME
COMPENSATION PROGRAMS.
(a) Grants.--
(1) For implementation or improved administration.--The
Secretary shall award grants to States that enact short-time
compensation programs (as defined in subsection (i)(2)) for the
purpose of implementation or improved administration of such
programs.
(2) For promotion and enrollment.--The Secretary shall award
grants to States that are eligible and submit plans for a grant
under paragraph (1) for such States to promote and enroll
employers in short-time compensation programs (as so defined).
(3) Eligibility.--
(A) <<NOTE: Determination.>> In general.--The
Secretary shall determine eligibility criteria for the
grants under paragraphs (1) and (2).
(B) Clarification.--A State administering a short-
time compensation program that does not meet the
definition of a short-time compensation program under
section 3306(v) of the Internal Revenue Code of 1986,
and a State with an agreement under section 2109, shall
not be eligible to receive a grant under this section
until such time as the State law of the State provides
for payments under a short-time compensation program
that meets such definition and such law.
(b) Amount of Grants.--
(1) In general.--The maximum amount available for making
grants to a State under paragraphs (1) and (2) shall be equal to
the amount obtained by multiplying $100,000,000 (less the amount
used by the Secretary under subsection (e)) by the same ratio as
would apply under subsection (a)(2)(B) of section 903 of the
Social Security Act (42 U.S.C. 1103) for purposes of determining
such State's share of any excess amount (as described in
subsection (a)(1) of such section) that would have been subject
to transfer to State accounts, as of October 1, 2019, under the
provisions of subsection (a) of such section.
(2) Amount available for different grants.--Of the maximum
incentive payment determined under paragraph (1) with respect to
a State--
(A) one-third shall be available for a grant under
subsection (a)(1); and
(B) two-thirds shall be available for a grant under
subsection (a)(2).
(c) Grant Application and Disbursal.--
(1) Application.--Any State seeking a grant under paragraph
(1) or (2) of subsection (a) shall submit an application to the
Secretary at such time, in such manner, and complete with such
information as the Secretary may require. In no case may the
Secretary award a grant under this section with respect to an
application that is submitted after December 31, 2023.
(2) Notice.--The Secretary shall, within 30 days after
receiving a complete application, notify the State agency of the
State of the Secretary's findings with respect to the
requirements for a grant under paragraph (1) or (2) (or both) of
subsection (a).
[[Page 134 STAT. 332]]
(3) Certification.--If the Secretary finds that the State
law provisions meet the requirements for a grant under
subsection (a), the Secretary shall thereupon make a
certification to that effect to the Secretary of the Treasury,
together with a certification as to the amount of the grant
payment to be transferred to the State account in the
Unemployment Trust Fund (as established in section 904(a) of the
Social Security Act (42 U.S.C. 1104(a))) pursuant to
that <<NOTE: Deadline.>> finding. The Secretary of the Treasury
shall make the appropriate transfer to the State account within
7 days after receiving such certification.
(4) Requirement.--No certification of compliance with the
requirements for a grant under paragraph (1) or (2) of
subsection (a) may be made with respect to any State whose--
(A) State law is not otherwise eligible for
certification under section 303 of the Social Security
Act (42 U.S.C. 503) or approvable under section 3304 of
the Internal Revenue Code of 1986; or
(B) <<NOTE: Deadline.>> short-time compensation
program is subject to discontinuation or is not
scheduled to take effect within 12 months of the
certification.
(d) Use of Funds.--The amount of any grant awarded under this
section shall be used for the implementation of short-time compensation
programs and the overall administration of such programs and the
promotion and enrollment efforts associated with such programs, such as
through--
(1) the creation or support of rapid response teams to
advise employers about alternatives to layoffs;
(2) <<NOTE: Assessment.>> the provision of education or
assistance to employers to enable them to assess the feasibility
of participating in short-time compensation programs; and
(3) the development or enhancement of systems to automate--
(A) the submission and approval of plans; and
(B) the filing and approval of new and ongoing
short-time compensation claims.
(e) Administration.--The Secretary is authorized to use 0.25 percent
of the funds available under subsection (g) to provide for outreach and
to share best practices with respect to this section and short-time
compensation programs.
(f) <<NOTE: Determination. Time period.>> Recoupment.--The
Secretary shall establish a process under which the Secretary shall
recoup the amount of any grant awarded under paragraph (1) or (2) of
subsection (a) if the Secretary determines that, during the 5-year
period beginning on the first date that any such grant is awarded to the
State, the State--
(1) terminated the State's short-time compensation program;
or
(2) failed to meet appropriate requirements with respect to
such program (as established by the Secretary).
(g) Funding.--There are appropriated, out of moneys in the Treasury
not otherwise appropriated, to the Secretary, $100,000,000 to carry out
this section, to remain available without fiscal year limitation.
(h) Reporting.--The Secretary may establish reporting requirements
for States receiving a grant under this section in order to provide
oversight of grant funds.
(i) Definitions.--In this section:
[[Page 134 STAT. 333]]
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) Short-time compensation program.--The term ``short-time
compensation program'' has the meaning given such term in
section 3306(v) of the Internal Revenue Code of 1986.
(3) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2111. <<NOTE: 15 USC 9029.>> ASSISTANCE AND GUIDANCE IN
IMPLEMENTING PROGRAMS.
(a) In General.--In order to assist States in establishing,
qualifying, and implementing short-time compensation programs (as
defined in section 3306(v) of the Internal Revenue Code of 1986), the
Secretary of Labor (in this section referred to as the ``Secretary'')
shall--
(1) develop model legislative language, or disseminate
existing model legislative language, which may be used by States
in developing and enacting such programs, and periodically
review and revise such model legislative language;
(2) provide technical assistance and guidance in developing,
enacting, and implementing such programs; and
(3) <<NOTE: Requirements.>> establish reporting
requirements for States, including reporting on--
(A) the number of estimated averted layoffs;
(B) the number of participating employers and
workers; and
(C) such other items as the Secretary of Labor
determines are appropriate.
(b) Model Language and Guidance.--The model language and guidance
developed under subsection (a) shall allow sufficient flexibility by
States and participating employers while ensuring accountability and
program integrity.
(c) Consultation.--In developing the model legislative language and
guidance under subsection (a), and in order to meet the requirements of
subsection (b), the Secretary shall consult with employers, labor
organizations, State workforce agencies, and other program experts.
Existing model legislative language that has been developed through such
a consultative process shall be deemed to meet the consultation
requirement of this subsection.
(d) Repeal.--Section 4104 of the Emergency Unemployment
Stabilization and Access Act of 2020 (contained in division D of the
Families First Coronavirus Response Act) <<NOTE: Ante, p. 194.>> is
repealed.
SEC. 2112. <<NOTE: 15 USC 9030.>> WAIVER OF THE 7-DAY WAITING
PERIOD FOR BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) No Waiting Week.--With respect to any registration period
beginning after the date of enactment of this Act and ending on or
before December 31, 2020, subparagraphs (A)(ii) and (B)(ii) of section
2(a)(1) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(1))
shall not apply.
(b) Operating Instructions and Regulations.--The Railroad Retirement
Board may prescribe any operating instructions or regulations necessary
to carry out this section.
(c) Funding.--Out of any funds in the Treasury not otherwise
appropriated, there are appropriated $50,000,000 to cover the costs of
additional benefits payable due to the application of subsection
[[Page 134 STAT. 334]]
(a). Upon the exhaustion of the funds appropriated under this
subsection, subsection (a) shall no longer apply with respect to any
registration period beginning after the date of exhaustion of funds.
(d) Definition of Registration Period.--For purposes of this
section, the term ``registration period'' has the meaning given such
term under section 1 of the Railroad Unemployment Insurance Act (45
U.S.C. 351).
SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT.
Section 2(a) of the Railroad Unemployment Insurance Act (45 U.S.C.
Sec. 352(a)) is amended by adding at the end the following:
``(5)(A) <<NOTE: Time periods.>> Notwithstanding paragraph (3),
subsection (c)(1)(B), and any other limitation on total benefits in this
Act, for registration periods beginning on or after April 1, 2020, but
on or before July 31, 2020, a recovery benefit in the amount of $1,200
shall be payable to a qualified employee with respect to any
registration period in which the employee received unemployment benefits
under paragraph (1)(A), and in any registration period in which the
employee did not receive unemployment benefits due to the limitation in
subsection (c)(1)(B) or due to reaching the maximum number of days of
benefits in the benefit year beginning July 1, 2019, under subsection
(c)(1)(A). No recovery benefits shall be payable under this section upon
the exhaustion of the funds appropriated under subparagraph (B) for
payment of benefits under this subparagraph.
``(B) Out of any funds in the Treasury not otherwise appropriated,
there are appropriated $425,000,000 to cover the cost of recovery
benefits provided under subparagraph (A), to remain available until
expended.''.
SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is amended--
(1) by striking ``July 1, 2008'' and inserting ``July 1,
2019'';
(2) by striking ``June 30, 2013'' and inserting ``June 30,
2020''; and
(3) by striking ``December 31, 2013'' and inserting
``December 31, 2020''.
(b) <<NOTE: 45 USC 352 note.>> Clarification on Authority To Use
Funds.--Funds appropriated under either the first or second sentence of
clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance
Act shall be available to cover the cost of additional extended
unemployment benefits provided under such section 2(c)(2)(D) by reason
of the amendments made by subsection (a) as well as to cover the cost of
such benefits provided under such section 2(c)(2)(D) as in effect on the
day before the date of enactment of this Act.
SEC. 2115. <<NOTE: 15 USC 9031.>> FUNDING FOR THE DOL OFFICE OF
INSPECTOR GENERAL FOR OVERSIGHT OF
UNEMPLOYMENT PROVISIONS.
There are appropriated, out of moneys in the Treasury not otherwise
appropriated, to the Office of the Inspector General of the Department
of Labor, $25,000,000 to carry out audits, investigations, and other
oversight activities authorized under the Inspector
[[Page 134 STAT. 335]]
General Act of 1978 (5 U.S.C. App.) that are related to the provisions
of, and amendments made by, this subtitle, to remain available without
fiscal year limitation.
SEC. 2116. <<NOTE: 15 USC 9032.>> IMPLEMENTATION.
(a) Non-application of the Paperwork Reduction Act.--Chapter 35 of
title 44, United States Code (commonly referred to as the ``Paperwork
Reduction Act of 1995''), shall not apply to the provisions of, and the
amendments made by, this subtitle.
(b) Operating Instructions or Other Guidance.--Notwithstanding any
other provision of law, the Secretary of Labor may issue any operating
instructions or other guidance necessary to carry out the provisions of,
or the amendments made by, this subtitle.
Subtitle B--Rebates and Other Individual Provisions
SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS.
(a) In General.--Subchapter B of chapter 65 of subtitle F of the
Internal Revenue Code of 1986 is amended by inserting after section 6427
the following new section:
``SEC. 6428. <<NOTE: 26 USC 6428.>> 2020 RECOVERY REBATES FOR
INDIVIDUALS.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by subtitle A for
the first taxable year beginning in 2020 an amount equal to the sum of--
``(1) $1,200 ($2,400 in the case of eligible individuals
filing a joint return), plus
``(2) an amount equal to the product of $500 multiplied by
the number of qualifying children (within the meaning of section
24(c)) of the taxpayer.
``(b) Treatment of Credit.--The credit allowed by subsection (a)
shall be treated as allowed by subpart C of part IV of subchapter A of
chapter 1.
``(c) Limitation Based on Adjusted Gross Income.--The amount of the
credit allowed by subsection (a) (determined without regard to this
subsection and subsection (e)) shall be reduced (but not below zero) by
5 percent of so much of the taxpayer's adjusted gross income as
exceeds--
``(1) $150,000 in the case of a joint return,
``(2) $112,500 in the case of a head of household, and
``(3) $75,000 in the case of a taxpayer not described in
paragraph (1) or (2).
``(d) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual other than--
``(1) any nonresident alien individual,
``(2) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which the individual's taxable
year begins, and
``(3) an estate or trust.
``(e) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but for
this paragraph) be allowable under this section shall be
[[Page 134 STAT. 336]]
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (f).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit made
or allowed under subsection (f) with respect to a joint return,
half of such refund or credit shall be treated as having been
made or allowed to each individual filing such return.
``(f) Advance Refunds and Credits.--
``(1) In general.--Subject to paragraph (5), each individual
who was an eligible individual for such individual's first
taxable year beginning in 2019 shall be treated as having made a
payment against the tax imposed by chapter 1 for such taxable
year in an amount equal to the advance refund amount for such
taxable year.
``(2) Advance refund amount.--For purposes of paragraph (1),
the advance refund amount is the amount that would have been
allowed as a credit under this section for such taxable year if
this section (other than subsection (e) and this subsection) had
applied to such taxable year.
``(3) Timing and manner of payments.--
``(A) Timing.--The Secretary shall, subject to the
provisions of this title, refund or credit any
overpayment attributable to this section as rapidly as
possible. No refund or credit shall be made or allowed
under this subsection after December 31, 2020.
``(B) Delivery of payments.--Notwithstanding any
other provision of law, the Secretary may certify and
disburse refunds payable under this subsection
electronically to any account to which the payee
authorized, on or after January 1, 2018, the delivery of
a refund of taxes under this title or of a Federal
payment (as defined in section 3332 of title 31, United
States Code).
``(C) Waiver of certain rules.--Notwithstanding
section 3325 of title 31, United States Code, or any
other provision of law, with respect to any payment of a
refund under this subsection, a disbursing official in
the executive branch of the United States Government may
modify payment information received from an officer or
employee described in section 3325(a)(1)(B) of such
title for the purpose of facilitating the accurate and
efficient delivery of such payment. Except in cases of
fraud or reckless neglect, no liability under sections
3325, 3527, 3528, or 3529 of title 31, United States
Code, shall be imposed with respect to payments made
under this subparagraph.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this section.
``(5) Alternate taxable year.--In the case of an individual
who, at the time of any determination made pursuant to paragraph
(3), has not filed a tax return for the year described in
paragraph (1), the Secretary may--
``(A) apply such paragraph by substituting `2018'
for `2019', and
``(B) if the individual has not filed a tax return
for such individual's first taxable year beginning in
2018, use
[[Page 134 STAT. 337]]
information with respect to such individual for calendar
year 2019 provided in--
``(i) Form SSA-1099, Social Security Benefit
Statement, or
``(ii) Form RRB-1099, Social Security
Equivalent Benefit Statement.
``(6) <<NOTE: Deadline.>> Notice to taxpayer.--Not later
than 15 days after the date on which the Secretary distributed
any payment to an eligible taxpayer pursuant to this subsection,
notice shall be sent by mail to such taxpayer's last known
address. Such notice shall indicate the method by which such
payment was made, the amount of such payment, and a phone number
for the appropriate point of contact at the Internal Revenue
Service to report any failure to receive such payment.
``(g) Identification Number Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) to an eligible individual who does not include on
the return of tax for the taxable year--
``(A) such individual's valid identification number,
``(B) in the case of a joint return, the valid
identification number of such individual's spouse, and
``(C) in the case of any qualifying child taken into
account under subsection (a)(2), the valid
identification number of such qualifying child.
``(2) Valid identification number.--
``(A) In general.--For purposes of paragraph (1),
the term `valid identification number' means a social
security number (as such term is defined in section
24(h)(7)).
``(B) Adoption taxpayer identification number.--For
purposes of paragraph (1)(C), in the case of a
qualifying child who is adopted or placed for adoption,
the term `valid identification number' shall include the
adoption taxpayer identification number of such child.
``(3) Special rule for members of the armed forces.--
Paragraph (1)(B) shall not apply in the case where at least 1
spouse was a member of the Armed Forces of the United States at
any time during the taxable year and at least 1 spouse satisfies
paragraph (1)(A).
``(4) Mathematical or clerical error authority.--Any
omission of a correct valid identification number required under
this subsection shall be treated as a mathematical or clerical
error for purposes of applying section 6213(g)(2) to such
omission.
``(h) Regulations.--The Secretary shall prescribe such regulations
or other guidance as may be necessary to carry out the purposes of this
section, including any such measures as are deemed appropriate to avoid
allowing multiple credits or rebates to a taxpayer.''.
(b) Administrative Amendments.--
(1) Definition of deficiency.--Section 6211(b)(4)(A) of the
Internal Revenue Code of 1986 <<NOTE: 26 USC 6211.>> is amended
by striking ``and 36B, 168(k)(4)'' and inserting ``36B, and
6428''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2)(L) of such Code is amended by striking ``or 32'' and
inserting ``32, or 6428''.
(c) <<NOTE: 26 USC 6428 note.>> Treatment of Possessions.--
(1) Payments to possessions.--
[[Page 134 STAT. 338]]
(A) Mirror code possession.--The Secretary of the
Treasury shall pay to each possession of the United
States which has a mirror code tax system amounts equal
to the loss (if any) to that possession by reason of the
amendments made by this
section. <<NOTE: Determination.>> Such amounts shall be
determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession.
(B) Other possessions.--The Secretary of the
Treasury shall pay to each possession of the United
States which does not have a mirror code tax system
amounts estimated by the Secretary of the Treasury as
being equal to the aggregate benefits (if any) that
would have been provided to residents of such possession
by reason of the amendments made by this section if a
mirror code tax system had been in effect in such
possession. The preceding sentence shall not apply
unless the respective possession has a plan, which has
been approved by the Secretary of the Treasury, under
which such possession will promptly distribute such
payments to its residents.
(2) Coordination with credit allowed against united states
income taxes.--No credit shall be allowed against United States
income taxes under section 6428 of the Internal Revenue Code of
1986 (as added by this section) to any person--
(A) to whom a credit is allowed against taxes
imposed by the possession by reason of the amendments
made by this section, or
(B) who is eligible for a payment under a plan
described in paragraph (1)(B).
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes
of this subsection, the term ``possession of the United
States'' includes the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means,
with respect to any possession of the United States, the
income tax system of such possession if the income tax
liability of the residents of such possession under such
system is determined by reference to the income tax laws
of the United States as if such possession were the
United States.
(C) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, the payments under
this subsection shall be treated in the same manner as a
refund due from a credit provision referred to in
subsection (b)(2) of such section.
(d) <<NOTE: 26 USC 6428 note.>> Exception From Reduction or
Offset.--Any credit or refund allowed or made to any individual by
reason of section 6428 of the Internal Revenue Code of 1986 (as added by
this section) or by reason of subsection (c) of this section shall not
be--
(1) subject to reduction or offset pursuant to section 3716
or 3720A of title 31, United States Code,
(2) subject to reduction or offset pursuant to subsection
(d), (e), or (f) of section 6402 of the Internal Revenue Code of
1986, or
[[Page 134 STAT. 339]]
(3) reduced or offset by other assessed Federal taxes that
would otherwise be subject to levy or collection.
(e) <<NOTE: Coordination. 26 USC 6428 note.>> Public Awareness
Campaign.--The Secretary of the Treasury (or the Secretary's delegate)
shall conduct a public awareness campaign, in coordination with the
Commissioner of Social Security and the heads of other relevant Federal
agencies, to provide information regarding the availability of the
credit and rebate allowed under section 6428 of the Internal Revenue
Code of 1986 (as added by this section), including information with
respect to individuals who may not have filed a tax return for taxable
year 2018 or 2019.
(f) Appropriations to Carry Out Rebates.--
(1) In general.--Immediately upon the enactment of this Act,
the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020:
(A) Department of the treasury.--
(i) For an additional amount for ``Department
of the Treasury--Bureau of the Fiscal Service--
Salaries and Expenses'', $78,650,000, to remain
available until September 30, 2021.
(ii) For an additional amount for ``Department
of the Treasury--Internal Revenue Service--
Taxpayer Services'', $293,500,000, to remain
available until September 30, 2021.
(iii) For an additional amount for
``Department of the Treasury--Internal Revenue
Service--Operations Support'', $170,000,000, to
remain available until September 30, 2021.
(iv) For an additional amount for ``Department
of Treasury--Internal Revenue Service--
Enforcement'', $37,200,000, to remain available
until September 30, 2021.
Amounts made available in appropriations under clauses
(ii), (iii), and (iv) of this subparagraph may be
transferred between such appropriations upon the advance
notification of the Committees on Appropriations of the
House of Representatives and the Senate. Such transfer
authority is in addition to any other transfer authority
provided by law.
(B) Social security administration.--For an
additional amount for ``Social Security Administration--
Limitation on Administrative Expenses'', $38,000,000, to
remain available until September 30, 2021.
(2) <<NOTE: Plan.>> Reports.--No later than 15 days after
enactment of this Act, the Secretary of the Treasury shall
submit a plan to the Committees on Appropriations of the House
of Representatives and the Senate detailing the expected use of
the funds provided by paragraph (1)(A). <<NOTE: Time period.>>
Beginning 90 days after enactment of this Act, the Secretary of
the Treasury shall submit a quarterly report to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the actual expenditure of funds provided by paragraph
(1)(A) and the expected expenditure of such funds in the
subsequent quarter.
(g) Conforming Amendments.--
[[Page 134 STAT. 340]]
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``6428,'' after
``54B(h),''.
(2) The table of sections for subchapter B of chapter 65 of
subtitle F of the Internal Revenue Code of 1986 <<NOTE: 26 USC
6411 prec.>> is amended by inserting after the item relating to
section 6427 the following:
``Sec. 6428. 2020 Recovery Rebates for individuals.''.
SEC. 2202. <<NOTE: 26 USC 72 note.>> SPECIAL RULES FOR USE OF
RETIREMENT FUNDS.
(a) Tax-favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any coronavirus-related distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection,
the aggregate amount of distributions received by an
individual which may be treated as coronavirus-related
distributions for any taxable year shall not exceed
$100,000.
(B) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
subparagraph (A)) be a coronavirus-related distribution,
a plan shall not be treated as violating any requirement
of the Internal Revenue Code of 1986 merely because the
plan treats such distribution as a coronavirus-related
distribution, unless the aggregate amount of such
distributions from all plans maintained by the employer
(and any member of any controlled group which includes
the employer) to such individual exceeds $100,000.
(C) <<NOTE: Definition.>> Controlled group.--For
purposes of subparagraph (B), the term ``controlled
group'' means any group treated as a single employer
under subsection (b), (c), (m), or (o) of section 414 of
the Internal Revenue Code of 1986.
(3) Amount distributed may be repaid.--
(A) <<NOTE: Time period.>> In general.--Any
individual who receives a coronavirus-related
distribution may, at any time during the 3-year period
beginning on the day after the date on which such
distribution was received, make 1 or more contributions
in an aggregate amount not to exceed the amount of such
distribution to an eligible retirement plan of which
such individual is a beneficiary and to which a rollover
contribution of such distribution could be made under
section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or
457(e)(16), of the Internal Revenue Code of 1986, as the
case may be.
(B) Treatment of repayments of distributions from
eligible retirement plans other <<NOTE: Deadline.>> than
iras.--For purposes of the Internal Revenue Code of
1986, if a contribution is made pursuant to subparagraph
(A) with respect to a coronavirus-related distribution
from an eligible retirement plan other than an
individual retirement plan, then the taxpayer shall, to
the extent of the amount of the contribution, be treated
as having received the coronavirus-related distribution
in an eligible rollover distribution (as defined in
section 402(c)(4) of such Code) and as having
transferred the amount to the eligible retirement plan
in a direct trustee to trustee transfer within 60 days
of the distribution.
[[Page 134 STAT. 341]]
(C) Treatment of repayments of distributions from
iras.--For <<NOTE: Deadline.>> purposes of the Internal
Revenue Code of 1986, if a contribution is made pursuant
to subparagraph (A) with respect to a coronavirus-
related distribution from an individual retirement plan
(as defined by section 7701(a)(37) of such Code), then,
to the extent of the amount of the contribution, the
coronavirus-related distribution shall be treated as a
distribution described in section 408(d)(3) of such Code
and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Coronavirus-related distribution.--Except as
provided in paragraph (2), the term ``coronavirus-
related distribution'' means any distribution from an
eligible retirement plan made--
(i) <<NOTE: Time period.>> on or after
January 1, 2020, and before December 31, 2020,
(ii) to an individual--
(I) who is diagnosed with the virus
SARS-CoV-2 or with coronavirus disease
2019 (COVID-19) by a test approved by
the Centers for Disease Control and
Prevention,
(II) whose spouse or dependent (as
defined in section 152 of the Internal
Revenue Code of 1986) is diagnosed with
such virus or disease by such a test, or
(III) who experiences adverse
financial consequences as a result of
being quarantined, being furloughed or
laid off or having work hours reduced
due to such virus or disease, being
unable to work due to lack of child care
due to such virus or disease, closing or
reducing hours of a business owned or
operated by the individual due to such
virus or disease, or other factors as
determined by the Secretary of the
Treasury (or the Secretary's delegate).
(B) Employee certification.--The administrator of an
eligible retirement plan may rely on an employee's
certification that the employee satisfies the conditions
of subparagraph (A)(ii) in determining whether any
distribution is a coronavirus-related distribution.
(C) Eligible retirement plan.--The term ``eligible
retirement plan'' has the meaning given such term by
section 402(c)(8)(B) of the Internal Revenue Code of
1986.
(5) Income inclusion spread over 3-year period.--
(A) <<NOTE: Time period.>> In general.--In the case
of any coronavirus-related distribution, unless the
taxpayer elects not to have this paragraph apply for any
taxable year, any amount required to be included in
gross income for such taxable year shall be so included
ratably over the 3-taxable-year period beginning with
such taxable year.
(B) Special rule.--For purposes of subparagraph (A),
rules similar to the rules of subparagraph (E) of
section 408A(d)(3) of the Internal Revenue Code of 1986
shall apply.
(6) Special rules.--
[[Page 134 STAT. 342]]
(A) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes of
sections 401(a)(31), 402(f), and 3405 of the Internal
Revenue Code of 1986, coronavirus-related distributions
shall not be treated as eligible rollover distributions.
(B) Coronavirus-related distributions treated as
meeting plan distribution requirements.--For purposes of
the Internal Revenue Code of 1986, a coronavirus-related
distribution shall be treated as meeting the
requirements of sections 401(k)(2)(B)(i),
403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of such
Code and section 8433(h)(1) of title 5, United States
Code.
(b) Loans From Qualified Plans.--
(1) <<NOTE: Time period.>> Increase in limit on loans not
treated as distributions.--In the case of any loan from a
qualified employer plan (as defined under section 72(p)(4) of
the Internal Revenue Code of 1986) to a qualified individual
made during the 180-day period beginning on the date of the
enactment of this Act--
(A) clause (i) of section 72(p)(2)(A) of such Code
shall be applied by substituting ``$100,000'' for
``$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable
accrued benefit of the employee under the plan'' for
``one-half of the present value of the nonforfeitable
accrued benefit of the employee under the plan''.
(2) Delay of repayment.--In the case of a qualified
individual with an outstanding loan (on or after the date of the
enactment of this Act) from a qualified employer plan (as
defined in section 72(p)(4) of the Internal Revenue Code of
1986)--
(A) <<NOTE: Time period.>> if the due date pursuant
to subparagraph (B) or (C) of section 72(p)(2) of such
Code for any repayment with respect to such loan occurs
during the period beginning on the date of the enactment
of this Act and ending on December 31, 2020, such due
date shall be delayed for 1 year,
(B) any subsequent repayments with respect to any
such loan shall be appropriately adjusted to reflect the
delay in the due date under subparagraph (A) and any
interest accruing during such delay, and
(C) in determining the 5-year period and the term of
a loan under subparagraph (B) or (C) of section 72(p)(2)
of such Code, the period described in subparagraph (A)
of this paragraph shall be disregarded.
(3) <<NOTE: Definition.>> Qualified individual.--For
purposes of this subsection, the term ``qualified individual''
means any individual who is described in subsection
(a)(4)(A)(ii).
(c) Provisions Relating to Plan Amendments.--
(1) <<NOTE: Applicability.>> In general.--If this
subsection applies to any amendment to any plan or annuity
contract--
(A) such plan or contract shall be treated as being
operated in accordance with the terms of the plan during
the period described in paragraph (2)(B)(i), and
(B) except as provided by the Secretary of the
Treasury (or the Secretary's delegate), such plan or
contract shall not fail to meet the requirements of
section 411(d)(6) of
[[Page 134 STAT. 343]]
the Internal Revenue Code of 1986 and section 204(g) of
the Employee Retirement Income Security Act of 1974 by
reason of such amendment.
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any provision of this section,
or pursuant to any regulation issued by the
Secretary of the Treasury or the Secretary of
Labor (or the delegate of either such Secretary)
under any provision of this section, and
(ii) <<NOTE: Time period.>> on or before the
last day of the first plan year beginning on or
after January 1, 2022, or such later date as the
Secretary of the Treasury (or the Secretary's
delegate) may prescribe.
In the case of a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986),
clause (ii) shall be applied by substituting the date
which is 2 years after the date otherwise applied under
clause (ii).
(B) Conditions.--This subsection shall not apply to
any amendment unless--
(i) <<NOTE: Time period.>> during the
period--
(I) beginning on the date that this
section or the regulation described in
subparagraph (A)(i) takes effect (or in
the case of a plan or contract amendment
not required by this section or such
regulation, the effective date specified
by the plan), and
(II) ending on the date described in
subparagraph (A)(ii) (or, if earlier,
the date the plan or contract amendment
is adopted),
the plan or contract is operated as if such plan
or contract amendment were in effect, and
(ii) such plan or contract amendment applies
retroactively for such period.
SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES
FOR CERTAIN RETIREMENT PLANS AND
ACCOUNTS.
(a) In General.--Section 401(a)(9) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 401.>> is amended by adding at the end the
following new subparagraph:
``(I) Temporary waiver of minimum required
distribution.--
``(i) In general.--The requirements of this
paragraph shall not apply for calendar year 2020
to--
``(I) a defined contribution plan
which is described in this subsection or
in section 403(a) or 403(b),
``(II) a defined contribution plan
which is an eligible deferred
compensation plan described in section
457(b) but only if such plan is
maintained by an employer described in
section 457(e)(1)(A), or
``(III) an individual retirement
plan.
[[Page 134 STAT. 344]]
``(ii) <<NOTE: Applicability.>> Special rule
for required beginning dates in 2020.--Clause (i)
shall apply to any distribution which is required
to be made in calendar year 2020 by reason of--
``(I) a required beginning date
occurring in such calendar year, and
``(II) such distribution not having
been made before January 1, 2020.
``(iii) Special rules regarding waiver
period.--For purposes of this paragraph--
``(I) the required beginning date
with respect to any individual shall be
determined without regard to this
subparagraph for purposes of applying
this paragraph for calendar years after
2020, and
``(II) if clause (ii) of
subparagraph (B) applies, the 5-year
period described in such clause shall be
determined without regard to calendar
year 2020.''.
(b) Eligible Rollover Distributions.--Section 402(c)(4) of the
Internal Revenue Code of 1986 <<NOTE: 26 USC 402.>> is amended by
striking ``2009'' each place it appears in the last sentence and
inserting ``2020''.
(c) <<NOTE: 26 USC 401 note.>> Effective Dates.--
(1) In general.--The amendments made by this section shall
apply for calendar years beginning after December 31, 2019.
(2) Provisions relating to plan or contract amendments.--
(A) <<NOTE: Applicability.>> In general.--If this
paragraph applies to any plan or contract amendment--
(i) such plan or contract shall not fail to be
treated as being operated in accordance with the
terms of the plan during the period described in
subparagraph (B)(ii) solely because the plan
operates in accordance with this section, and
(ii) except as provided by the Secretary of
the Treasury (or the Secretary's delegate), such
plan or contract shall not fail to meet the
requirements of section 411(d)(6) of the Internal
Revenue Code of 1986 and section 204(g) of the
Employee Retirement Income Security Act of 1974 by
reason of such amendment.
(B) Amendments to which paragraph applies.--
(i) In general.--This paragraph shall apply to
any amendment to any plan or annuity contract
which--
(I) is made pursuant to the
amendments made by this section, and
(II) is made on or before the last
day of the first plan year beginning on
or after January 1, 2022.
In the case of a governmental plan, subclause (II)
shall be applied by substituting ``2024'' for
``2022''.
(ii) <<NOTE: Time period.>> Conditions.--This
paragraph shall not apply to any amendment unless
during the period beginning on the effective date
of the amendment and ending on December 31, 2020,
the plan or contract is operated as if such plan
or contract amendment were in effect.
[[Page 134 STAT. 345]]
SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DEDUCTION FOR
CHARITABLE CONTRIBUTIONS.
(a) In General.--Section 62(a) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 62.>> is amended by inserting after paragraph (21)
the following new paragraph:
``(22) Charitable contributions.--In the case of taxable
years beginning in 2020, the amount (not to exceed $300) of
qualified charitable contributions made by an eligible
individual during the taxable year.''.
(b) Definitions.--Section 62 of such Code is amended by adding at
the end the following new subsection:
``(f) Definitions Relating to Qualified Charitable Contributions.--
For purposes of subsection (a)(22)--
``(1) Eligible individual.--The term `eligible individual'
means any individual who does not elect to itemize deductions.
``(2) Qualified charitable contributions.--The term
`qualified charitable contribution' means a charitable
contribution (as defined in section 170(c))--
``(A) which is made in cash,
``(B) for which a deduction is allowable under
section 170 (determined without regard to subsection (b)
thereof), and
``(C) which is--
``(i) made to an organization described in
section 170(b)(1)(A), and
``(ii) not--
``(I) to an organization described
in section 509(a)(3), or
``(II) for the establishment of a
new, or maintenance of an existing,
donor advised fund (as defined in
section 4966(d)(2)).
Such term shall not include any amount which is
treated as a charitable contribution made in such
taxable year by reason of subsection (b)(1)(G)(ii)
or (d)(1) of section 170.''.
(c) <<NOTE: 26 USC 62 note.>> Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2019.
SEC. 2205. <<NOTE: 26 USC 170 note.>> MODIFICATION OF LIMITATIONS
ON CHARITABLE CONTRIBUTIONS DURING 2020.
(a) Temporary Suspension of Limitations on Certain Cash
Contributions.--
(1) In general.--Except as otherwise provided in paragraph
(2), qualified contributions shall be disregarded in applying
subsections (b) and (d) of section 170 of the Internal Revenue
Code of 1986.
(2) Treatment of excess contributions.--For purposes of
section 170 of the Internal Revenue Code of 1986--
(A) Individuals.--In the case of an individual--
(i) Limitation.--Any qualified contribution
shall be allowed as a deduction only to the extent
that the aggregate of such contributions does not
exceed the excess of the taxpayer's contribution
base (as defined in subparagraph (H) of section
170(b)(1) of such Code) over the amount of all
other charitable contributions allowed under
section 170(b)(1) of such Code.
[[Page 134 STAT. 346]]
(ii) Carryover.--If the aggregate amount of
qualified contributions made in the contribution
year (within the meaning of section 170(d)(1) of
such Code) exceeds the limitation of clause (i),
such excess shall be added to the excess described
in section 170(b)(1)(G)(ii).
(B) Corporations.--In the case of a corporation--
(i) Limitation.--Any qualified contribution
shall be allowed as a deduction only to the extent
that the aggregate of such contributions does not
exceed the excess of 25 percent of the taxpayer's
taxable income (as determined under paragraph (2)
of section 170(b) of such Code) over the amount of
all other charitable contributions allowed under
such paragraph.
(ii) Carryover.--If the aggregate amount of
qualified contributions made in the contribution
year (within the meaning of section 170(d)(2) of
such Code) exceeds the limitation of clause (i),
such excess shall be appropriately taken into
account under section 170(d)(2) subject to the
limitations thereof.
(3) Qualified contributions.--
(A) <<NOTE: Definition.>> In general.--For purposes
of this subsection, the term ``qualified contribution''
means any charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) if--
(i) such contribution is paid in cash during
calendar year 2020 to an organization described in
section 170(b)(1)(A) of such Code, and
(ii) the taxpayer has elected the application
of this section with respect to such contribution.
(B) Exception.--Such term shall not include a
contribution by a donor if the contribution is--
(i) to an organization described in section
509(a)(3) of the Internal Revenue Code of 1986, or
(ii) for the establishment of a new, or
maintenance of an existing, donor advised fund (as
defined in section 4966(d)(2) of such Code).
(C) Application of election to partnerships and s
corporations.--In the case of a partnership or S
corporation, the election under subparagraph (A)(ii)
shall be made separately by each partner or shareholder.
(b) Increase in Limits on Contributions of Food Inventory.--In the
case <<NOTE: Applicability.>> of any charitable contribution of food
during 2020 to which section 170(e)(3)(C) of the Internal Revenue Code
of 1986 applies, subclauses (I) and (II) of clause (ii) thereof shall
each be applied by substituting ``25 percent'' for ``15 percent.''
(c) Effective Date.--This section shall apply to taxable years
ending after December 31, 2019.
SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT
LOANS.
(a) In General.--Paragraph (1) of section 127(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (A), by redesignating subparagraph (B) as subparagraph (C),
and by inserting after subparagraph (A) the following new subparagraph:
[[Page 134 STAT. 347]]
``(B) in the case of payments made before January 1,
2021, the payment by an employer, whether paid to the
employee or to a lender, of principal or interest on any
qualified education loan (as defined in section
221(d)(1)) incurred by the employee for education of the
employee, and''.
(b) Conforming Amendment; Denial of Double Benefit.--The first
sentence of paragraph (1) of section 221(e) of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 221.>> is amended by inserting before the period
the following: ``, or for which an exclusion is allowable under section
127 to the taxpayer by reason of the payment by the taxpayer's employer
of any indebtedness on a qualified education loan of the taxpayer''.
(c) <<NOTE: 26 USC 127 note.>> Effective Date.--The amendments made
by this section shall apply to payments made after the date of the
enactment of this Act.
Subtitle C--Business Provisions
SEC. 2301. <<NOTE: 26 USC 3111 note.>> EMPLOYEE RETENTION CREDIT
FOR EMPLOYERS SUBJECT TO CLOSURE DUE TO
COVID-19.
(a) In General.--In the case of an eligible employer, there shall be
allowed as a credit against applicable employment taxes for each
calendar quarter an amount equal to 50 percent of the qualified wages
with respect to each employee of such employer for such calendar
quarter.
(b) Limitations and Refundability.--
(1) Wages taken into account.--The amount of qualified wages
with respect to any employee which may be taken into account
under subsection (a) by the eligible employer for all calendar
quarters shall not exceed $10,000.
(2) Credit limited to employment taxes.--The credit allowed
by subsection (a) with respect to any calendar quarter shall not
exceed the applicable employment taxes (reduced by any credits
allowed under subsections (e) and (f) of section 3111 of the
Internal Revenue Code of 1986 and sections 7001 and 7003 of the
Families First Coronavirus Response Act) on the wages paid with
respect to the employment of all the employees of the eligible
employer for such calendar quarter.
(3) Refundability of excess credit.--
(A) In general.--If the amount of the credit under
subsection (a) exceeds the limitation of paragraph (2)
for any calendar quarter, such excess shall be treated
as an overpayment that shall be refunded under sections
6402(a) and 6413(b) of the Internal Revenue Code of
1986.
(B) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, any amounts due to
the employer under this paragraph shall be treated in
the same manner as a refund due from a credit provision
referred to in subsection (b)(2) of such section.
(c) Definitions.--For purposes of this section--
(1) Applicable employment taxes.--The term ``applicable
employment taxes'' means the following:
(A) The taxes imposed under section 3111(a) of the
Internal Revenue Code of 1986.
[[Page 134 STAT. 348]]
(B) So much of the taxes imposed under section
3221(a) of such Code as are attributable to the rate in
effect under section 3111(a) of such Code.
(2) Eligible employer.--
(A) In general.--The term ``eligible employer''
means any employer--
(i) which was carrying on a trade or business
during calendar year 2020, and
(ii) with respect to any calendar quarter, for
which--
(I) the operation of the trade or
business described in clause (i) is
fully or partially suspended during the
calendar quarter due to orders from an
appropriate governmental authority
limiting commerce, travel, or group
meetings (for commercial, social,
religious, or other purposes) due to the
coronavirus disease 2019 (COVID-19), or
(II) such calendar quarter is within
the period described in subparagraph
(B).
(B) <<NOTE: Time period.>> Significant decline in
gross receipts.--The period described in this
subparagraph is the period--
(i) beginning with the first calendar quarter
beginning after December 31, 2019, for which gross
receipts (within the meaning of section 448(c) of
the Internal Revenue Code of 1986) for the
calendar quarter are less than 50 percent of gross
receipts for the same calendar quarter in the
prior year, and
(ii) ending with the calendar quarter
following the first calendar quarter beginning
after a calendar quarter described in clause (i)
for which gross receipts of such employer are
greater than 80 percent of gross receipts for the
same calendar quarter in the prior year.
(C) <<NOTE: Applicability.>> Tax-exempt
organizations.--In the case of an organization which is
described in section 501(c) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such
Code, clauses (i) and (ii)(I) of subparagraph (A) shall
apply to all operations of such organization.
(3) Qualified wages.--
(A) In general.--The term ``qualified wages''
means--
(i) in the case of an eligible employer for
which the average number of full-time employees
(within the meaning of section 4980H of the
Internal Revenue Code of 1986) employed by such
eligible employer during 2019 was greater than
100, wages paid by such eligible employer with
respect to which an employee is not providing
services due to circumstances described in
subclause (I) or (II) of paragraph (2)(A)(ii), or
(ii) in the case of an eligible employer for
which the average number of full-time employees
(within the meaning of section 4980H of the
Internal Revenue Code of 1986) employed by such
eligible employer during 2019 was not greater than
100--
(I) with respect to an eligible
employer described in subclause (I) of
paragraph (2)(A)(ii),
[[Page 134 STAT. 349]]
wages paid by such eligible employer
with respect to an employee during any
period described in such clause, or
(II) with respect to an eligible
employer described in subclause (II) of
such paragraph, wages paid by such
eligible employer with respect to an
employee during such quarter.
Such term shall not include any wages taken into account
under section 7001 or section 7003 of the Families First
Coronavirus Response Act.
(B) Limitation.--Qualified wages paid or incurred by
an eligible employer described in subparagraph (A)(i)
with respect to an employee for any period described in
such subparagraph may not exceed the amount such
employee would have been paid for working an equivalent
duration during the 30 days immediately preceding such
period.
(C) Allowance for certain health plan expenses.--
(i) In general.--The term ``qualified wages''
shall include so much of the eligible employer's
qualified health plan expenses as are properly
allocable to such wages.
(ii) Qualified health plan expenses.--For
purposes of this paragraph, the term ``qualified
health plan expenses'' means amounts paid or
incurred by the eligible employer to provide and
maintain a group health plan (as defined in
section 5000(b)(1) of the Internal Revenue Code of
1986), but only to the extent that such amounts
are excluded from the gross income of employees by
reason of section 106(a) of such Code.
(iii) Allocation rules.--For purposes of this
paragraph, qualified health plan expenses shall be
allocated to qualified wages in such manner as the
Secretary may prescribe. Except as otherwise
provided by the Secretary, such allocation shall
be treated as properly made if made on the basis
of being pro rata among employees and pro rata on
the basis of periods of coverage (relative to the
periods to which such wages relate).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(5) Wages.--The term ``wages'' means wages (as defined in
section 3121(a) of the Internal Revenue Code of 1986) and
compensation (as defined in section 3231(e) of such Code).
(6) Other terms.--Any term used in this section which is
also used in chapter 21 or 22 of the Internal Revenue Code of
1986 shall have the same meaning as when used in such chapter.
(d) Aggregation Rule.--All persons treated as a single employer
under subsection (a) or (b) of section 52 of the Internal Revenue Code
of 1986, or subsection (m) or (o) of section 414 of such Code, shall be
treated as one employer for purposes of this section.
(e) Certain Rules to Apply.--For purposes of this section, rules
similar to the rules of sections 51(i)(1) and 280C(a) of the Internal
Revenue Code of 1986 shall apply.
(f) Certain Governmental Employers.--This credit shall not apply to
the Government of the United States, the government
[[Page 134 STAT. 350]]
of any State or political subdivision thereof, or any agency or
instrumentality of any of the foregoing.
(g) Election Not to Have Section Apply.--This section shall not
apply with respect to any eligible employer for any calendar quarter if
such employer elects (at such time and in such manner as the Secretary
may prescribe) not to have this section apply.
(h) Special Rules.--
(1) Employee not taken into account more than once.--An
employee shall not be included for purposes of this section for
any period with respect to any employer if such employer is
allowed a credit under section 51 of the Internal Revenue Code
of 1986 with respect to such employee for such period.
(2) Denial of double benefit.--Any wages taken into account
in determining the credit allowed under this section shall not
be taken into account for purposes of determining the credit
allowed under section 45S of such Code.
(3) Third party payors.--Any credit allowed under this
section shall be treated as a credit described in section
3511(d)(2) of such Code.
(i) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund established under section 201 of the Social Security Act (42
U.S.C. 401) and the Social Security Equivalent Benefit Account
established under section 15A(a) of the Railroad Retirement Act of 1974
(45 U.S.C. 14 231n-1(a)) amounts equal to the reduction in revenues to
the Treasury by reason of this section (without regard to this
subsection). Amounts appropriated by the preceding sentence shall be
transferred from the general fund at such times and in such manner as to
replicate to the extent possible the transfers which would have occurred
to such Trust Fund or Account had this section not been enacted.
(j) Rule for Employers Taking Small Business Interruption Loan.--If
an eligible employer receives a covered loan under paragraph (36) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by
section 1102 of this Act, such employer shall not be eligible for the
credit under this section.
(k) <<NOTE: Waiver authority. Determination.>> Treatment of
Deposits.--The Secretary shall waive any penalty under section 6656 of
the Internal Revenue Code of 1986 for any failure to make a deposit of
any applicable employment taxes if the Secretary determines that such
failure was due to the reasonable anticipation of the credit allowed
under this section.
(l) Regulations and Guidance.--The Secretary shall issue such forms,
instructions, regulations, and guidance as are necessary--
(1) to allow the advance payment of the credit under
subsection (a), subject to the limitations provided in this
section, based on such information as the Secretary shall
require,
(2) to provide for the reconciliation of such advance
payment with the amount advanced at the time of filing the
return of tax for the applicable calendar quarter or taxable
year,
(3) to provide for the recapture of the credit under this
section if such credit is allowed to a taxpayer which receives a
loan described in subsection (j) during a subsequent quarter,
(4) with respect to the application of the credit under
subsection (a) to third party payors (including professional
[[Page 134 STAT. 351]]
employer organizations, certified professional employer
organizations, or agents under section 3504 of the Internal
Revenue Code of 1986), including regulations or guidance
allowing such payors to submit documentation necessary to
substantiate the eligible employer status of employers that use
such payors, and
(5) for application of subparagraphs (A)(ii)(II) and (B) of
subsection (c)(2) in the case of any employer which was not
carrying on a trade or business for all or part of the same
calendar quarter in the prior year.
(m) Application.--This section shall only apply to wages paid after
March 12, 2020, and before January 1, 2021.
SEC. 2302. <<NOTE: 26 USC 3111 note.>> DELAY OF PAYMENT OF
EMPLOYER PAYROLL TAXES.
(a) In General.--
(1) Taxes.--Notwithstanding any other provision of law, the
payment for applicable employment taxes for the payroll tax
deferral period shall not be due before the applicable date.
(2) Deposits.--Notwithstanding section 6302 of the Internal
Revenue Code of 1986, an employer shall be treated as having
timely made all deposits of applicable employment taxes that are
required to be made (without regard to this section) for such
taxes during the payroll tax deferral period if all such
deposits are made not later than the applicable date.
(3) Exception.--This subsection shall not apply to any
taxpayer if such taxpayer has had indebtedness forgiven under
section 1106 of this Act with respect to a loan under paragraph
(36) of section 7(a) of the Small Business Act (15 U.S.C.
636(a)), as added by section 1102 of this Act, or indebtedness
forgiven under section 1109 of this Act.
(b) SECA.--
(1) In general.--Notwithstanding any other provision of law,
the payment for 50 percent of the taxes imposed under section
1401(a) of the Internal Revenue Code of 1986 for the payroll tax
deferral period shall not be due before the applicable date.
(2) Estimated taxes.--For purposes of applying section 6654
of the Internal Revenue Code of 1986 to any taxable year which
includes any part of the payroll tax deferral period, 50 percent
of the taxes imposed under section 1401(a) of such Code for the
payroll tax deferral period shall not be treated as taxes to
which such section 6654 applies.
(c) Liability of Third Parties.--
(1) Acts to be performed by agents.--For purposes of section
3504 of the Internal Revenue Code of 1986, in the case of any
person designated pursuant to such section (and any regulations
or other guidance issued by the Secretary with respect to such
section) to perform acts otherwise required to be performed by
an employer under such Code, if such employer directs such
person to defer payment of any applicable employment taxes
during the payroll tax deferral period under this section, such
employer shall be solely liable for the payment of such
applicable employment taxes before the applicable date for any
wages paid by such person on behalf of such employer during such
period.
[[Page 134 STAT. 352]]
(2) Certified professional employer organizations.--For
purposes of section 3511, in the case of a certified
professional employer organization (as defined in subsection (a)
of section 7705 of the Internal Revenue Code of 1986) that has
entered into a service contract described in subsection (e)(2)
of such section with a customer, if such customer directs such
organization to defer payment of any applicable employment taxes
during the payroll tax deferral period under this section, such
customer shall, notwithstanding subsections (a) and (c) of
section 3511, be solely liable for the payment of such
applicable employment taxes before the applicable date for any
wages paid by such organization to any work site employee
performing services for such customer during such period.
(d) Definitions.--For purposes of this section--
(1) Applicable employment taxes.--The term ``applicable
employment taxes'' means the following:
(A) The taxes imposed under section 3111(a) of the
Internal Revenue Code of 1986.
(B) So much of the taxes imposed under section
3211(a) of such Code as are attributable to the rate in
effect under section 3111(a) of such Code.
(C) So much of the taxes imposed under section
3221(a) of such Code as are attributable to the rate in
effect under section 3111(a) of such Code.
(2) Payroll tax deferral period.--The term ``payroll tax
deferral period'' means the period beginning on the date of the
enactment of this Act and ending before January 1, 2021.
(3) Applicable date.--The term ``applicable date'' means--
(A) December 31, 2021, with respect to 50 percent of
the amounts to which subsection (a) or (b), as the case
may be, apply, and
(B) December 31, 2022, with respect to the remaining
such amounts.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury (or the Secretary's delegate).
(e) Trust Funds Held Harmless.--There are hereby appropriated (out
of any money in the Treasury not otherwise appropriated) for each fiscal
year to the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund established under section 201 of
the Social Security Act (42 U.S.C. 401) and the Social Security
Equivalent Benefit Account established under section 15A(a) of the
Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) an amount equal to
the reduction in the transfers to such fund for such fiscal year by
reason of this section. Amounts appropriated by the preceding sentence
shall be transferred from the general fund at such times and in such
manner as to replicate to the extent possible the transfers which would
have occurred to such Trust Fund had such amendments not been enacted.
(f) Regulatory Authority.--The Secretary shall issue such
regulations or other guidance as necessary to carry out the purposes of
this section, including rules for the administration and enforcement of
subsection (c).
SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES.
(a) Temporary Repeal of Taxable Income Limitation.--
[[Page 134 STAT. 353]]
(1) In general.--The first sentence of section 172(a) of the
Internal Revenue Code of 1986 <<NOTE: 26 USC 172.>> is amended
by striking ``an amount equal to'' and all that follows and
inserting ``an amount equal to--
``(1) in the case of a taxable year beginning before January
1, 2021, the aggregate of the net operating loss carryovers to
such year, plus the net operating loss carrybacks to such year,
and
``(2) in the case of a taxable year beginning after December
31, 2020, the sum of--
``(A) the aggregate amount of net operating losses
arising in taxable years beginning before January 1,
2018, carried to such taxable year, plus
``(B) the lesser of--
``(i) the aggregate amount of net operating
losses arising in taxable years beginning after
December 31, 2017, carried to such taxable year,
or
``(ii) 80 percent of the excess (if any) of--
``(I) taxable income computed
without regard to the deductions under
this section and sections 199A and 250,
over
``(II) the amount determined under
subparagraph (A).''.
(2) Conforming amendments.--
(A) Section 172(b)(2)(C) of such Code is amended to
read as follows:
``(C) for taxable years beginning after December 31,
2020, be reduced by 20 percent of the excess (if any)
described in subsection (a)(2)(B)(ii) for such taxable
year.''.
(B) Section 172(d)(6)(C) of such Code is amended by
striking ``subsection (a)(2)'' and inserting
``subsection (a)(2)(B)(ii)(I)''.
(C) Section 860E(a)(3)(B) of such Code is amended by
striking all that follows ``for purposes of'' and
inserting ``subsection (a)(2)(B)(ii)(I) and the second
sentence of subsection (b)(2) of section 172.''.
(b) Modifications of Rules Relating to Carrybacks.--
(1) In general.--Section 172(b)(1) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(D) Special rule for losses arising in 2018, 2019,
and 2020.--
``(i) In general.--In the case of any net
operating loss arising in a taxable year beginning
after December 31, 2017, and before January 1,
2021--
``(I) such loss shall be a net
operating loss carryback to each of the
5 taxable years preceding the taxable
year of such loss, and
``(II) subparagraphs (B) and (C)(i)
shall not apply.
``(ii) Special rules for reits.--For purposes
of this subparagraph--
``(I) In general.--A net operating
loss for a REIT year shall not be a net
operating loss carryback to any taxable
year preceding the taxable year of such
loss.
[[Page 134 STAT. 354]]
``(II) Special rule.--In the case of
any net operating loss for a taxable
year which is not a REIT year, such loss
shall not be carried to any preceding
taxable year which is a REIT year.
``(III) REIT year.--For purposes of
this subparagraph, the term `REIT year'
means any taxable year for which the
provisions of part II of subchapter M
(relating to real estate investment
trusts) apply to the taxpayer.
``(iii) Special rule for life insurance
companies.-- In the case of a life insurance
company, if a net operating loss is carried
pursuant to clause (i)(I) to a life insurance
company taxable year beginning before January 1,
2018, such net operating loss carryback shall be
treated in the same manner as an operations loss
carryback (within the meaning of section 810 as in
effect before its repeal) of such company to such
taxable year.
``(iv) Rule relating to carrybacks to years to
which section 965 applies.--If a net operating
loss of a taxpayer is carried pursuant to clause
(i)(I) to any taxable year in which an amount is
includible in gross income by reason of section
965(a), the taxpayer shall be treated as having
made the election under section 965(n) with
respect to each such taxable year.
``(v) Special rules for elections under
paragraph (3).--
``(I) Special election to exclude
section 965 years.-- <<NOTE: Time
period.>> If the 5-year carryback
period under clause (i)(I) with respect
to any net operating loss of a taxpayer
includes 1 or more taxable years in
which an amount is includible in gross
income by reason of section 965(a), the
taxpayer may, in lieu of the election
otherwise available under paragraph (3),
elect under such paragraph to exclude
all such taxable years from such
carryback period.
``(II) Time of elections.--An
election under paragraph (3) (including
an election described in subclause (I))
with respect to a net operating loss
arising in a taxable year beginning in
2018 or 2019 shall be made by the due
date (including extensions of time) for
filing the taxpayer's return for the
first taxable year ending after the date
of the enactment of this
subparagraph.''.
(2) Conforming amendment.--Section 172(b)(1)(A) of such
Code, as amended by subsection (c)(2), is amended by striking
``and (C)(i)'' and inserting ``, (C)(i), and (D)''.
(c) Technical Amendment Relating to Section 13302 of Public Law 115-
97.--
(1) <<NOTE: 26 USC 172 note.>> Section 13302(e) of Public
Law 115-97 is amended to read as follows:
``(e) <<NOTE: Applicability.>> Effective Dates.--
``(1) Net operating loss limitation.--The amendments made by
subsections (a) and (d)(2) shall apply to--
[[Page 134 STAT. 355]]
``(A) taxable years beginning after December 31,
2017, and
``(B) taxable years beginning on or before such date
to which net operating losses arising in taxable years
beginning after such date are carried.
``(2) Carryovers and carrybacks.--The amendments made by
subsections (b), (c), and (d)(1) shall apply to net operating
losses arising in taxable years beginning after December 31,
2017.''.
(2) Section 172(b)(1)(A) of the Internal Revenue Code of
1986 is amended <<NOTE: 26 USC 172.>> to read as follows:
``(A) General rule.--A net operating loss for any
taxable year--
``(i) shall be a net operating loss carryback
to the extent provided in subparagraphs (B) and
(C)(i), and
``(ii) except as provided in subparagraph
(C)(ii), shall be a net operating loss carryover--
``(I) in the case of a net operating
loss arising in a taxable year beginning
before January 1, 2018, to each of the
20 taxable years following the taxable
year of the loss, and
``(II) in the case of a net
operating loss arising in a taxable year
beginning after December 31, 2017, to
each taxable year following the taxable
year of the loss.''.
(d) <<NOTE: Applicability. 26 USC 172 note.>> Effective Dates.--
(1) Net operating loss limitation.--The amendments made by
subsection (a) shall apply--
(A) to taxable years beginning after December 31,
2017, and
(B) to taxable years beginning on or before December
31, 2017, to which net operating losses arising in
taxable years beginning after December 31, 2017, are
carried.
(2) Carryovers and carrybacks.--The amendment made by
subsection (b) shall apply to--
(A) net operating losses arising in taxable years
beginning after December 31, 2017, and
(B) taxable years beginning before, on, or after
such date to which such net operating losses are
carried.
(3) Technical amendments.--The amendments made by subsection
(c) shall take effect as if included in the provisions of Public
Law 115-97 to which they relate.
(4) <<NOTE: Time period. Deadline.>> Special rule.--In the
case of a net operating loss arising in a taxable year beginning
before January 1, 2018, and ending after December 31, 2017--
(A) an application under section 6411(a) of the
Internal Revenue Code of 1986 with respect to the
carryback of such net operating loss shall not fail to
be treated as timely filed if filed not later than the
date which is 120 days after the date of the enactment
of this Act, and
(B) an election to--
(i) forgo any carryback of such net operating
loss,
(ii) reduce any period to which such net
operating loss may be carried back, or
(iii) revoke any election made under section
172(b) to forgo any carryback of such net
operating loss,
[[Page 134 STAT. 356]]
shall not fail to be treated as timely made if made not
later than the date which is 120 days after the date of
the enactment of this Act.
SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR TAXPAYERS
OTHER THAN CORPORATIONS.
(a) In General.--Section 461(l)(1) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 461.>> is amended to read as follows:
``(1) <<NOTE: Time periods.>> Limitation.--In the case of a
taxpayer other than a corporation--
``(A) for any taxable year beginning after December
31, 2017, and before January 1, 2026, subsection (j)
(relating to limitation on excess farm losses of certain
taxpayers) shall not apply, and
``(B) for any taxable year beginning after December
31, 2020, and before January 1, 2026, any excess
business loss of the taxpayer for the taxable year shall
not be allowed.''.
(b) Technical Amendments Relating to Section 11012 of Public Law
115-97.--
(1) Section 461(l)(2) of the Internal Revenue Code of 1986
is amended by striking ``a net operating loss carryover to the
following taxable year under section 172'' and inserting ``a net
operating loss for the taxable year for purposes of determining
any net operating loss carryover under section 172(b) for
subsequent taxable years''.
(2) Section 461(l)(3)(A) of such Code is amended--
(A) in clause (i), by inserting ``and without regard
to any deduction allowable under section 172 or 199A''
after ``under paragraph (1)'', and
(B) by adding at the end the following flush
sentence:
``Such excess shall be determined without regard to any
deductions, gross income, or gains attributable to any trade or
business of performing services as an employee.''.
(3) Section 461(l)(3) of such Code is amended by
redesignating subparagraph (B) as subparagraph (C) and by
inserting after subparagraph (A) the following new subparagraph:
``(B) Treatment of capital gains and losses.--
``(i) Losses.--Deductions for losses from
sales or exchanges of capital assets shall not be
taken into account under subparagraph (A)(i).
``(ii) Gains.--The amount of gains from sales
or exchanges of capital assets taken into account
under subparagraph (A)(ii) shall not exceed the
lesser of--
``(I) the capital gain net income
determined by taking into account only
gains and losses attributable to a trade
or business, or
``(II) the capital gain net
income.''.
(c) <<NOTE: 26 USC 461 note.>> Effective Dates.--
(1) In general.--The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 2017.
(2) Technical amendments.--The amendments made by subsection
(b) shall take effect as if included in the provisions of Public
Law 115-97 to which they relate.
[[Page 134 STAT. 357]]
SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR YEAR MINIMUM TAX
LIABILITY OF CORPORATIONS.
(a) In General.--Section 53(e) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 53.>> is amended--
(1) by striking ``2018, 2019, 2020, or 2021'' in paragraph
(1) and inserting ``2018 or 2019'', and
(2) by striking ``2021'' in paragraph (2) and inserting
``2019''.
(b) Election to Take Entire Refundable Credit Amount in 2018.--
(1) In general.--Section 53(e) of such Code is amended by
adding at the end the following new paragraph:
``(5) Special rule.--In the case of a corporation making an
election under this paragraph--
``(A) paragraph (1) shall not apply, and
``(B) subsection (c) shall not apply to the first
taxable year of such corporation beginning in 2018.''.
(c) <<NOTE: 26 USC 53 note.>> Effective Date.--The amendments made
by this section shall apply to taxable years beginning after December
31, 2017.
(d) <<NOTE: 26 USC 53 note.>> Special Rule.--
(1) In general.--For purposes of the Internal Revenue Code
of 1986, a credit or refund for which an application described
in paragraph (2)(A) is filed shall be treated as made under
section 6411 of such Code.
(2) Tentative refund.--
(A) Application.--A taxpayer may file an application
for a tentative refund of any amount for which a refund
is due by reason of an election under section 53(e)(5)
of the Internal Revenue Code of 1986. Such application
shall be in such manner and form as the Secretary of the
Treasury (or the Secretary's delegate) may prescribe and
shall--
(i) be verified in the same manner as an
application under section 6411(a) of such Code,
(ii) <<NOTE: Deadline.>> be filed prior to
December 31, 2020, and
(iii) set forth--
(I) the amount of the refundable
credit claimed under section 53(e) of
such Code for such taxable year,
(II) the amount of the refundable
credit claimed under such section for
any previously filed return for such
taxable year, and
(III) the amount of the refund
claimed.
(B) <<NOTE: Time period.>> Allowance of
adjustments.--Within a period of 90 days from the date
on which an application is filed under subparagraph (A),
the Secretary of the Treasury (or the Secretary's
delegate) shall--
(i) <<NOTE: Review.>> review the application,
(ii) <<NOTE: Determination.>> determine the
amount of the overpayment, and
(iii) apply, credit, or refund such
overpayment,
in a manner similar to the manner provided in section
6411(b) of the Internal Revenue Code of 1986.
(C) <<NOTE: Applicability.>> Consolidated
returns.--The provisions of section 6411(c) of the
Internal Revenue Code of 1986 Code shall apply to an
adjustment under this paragraph to the same extent and
manner as the Secretary of the Treasury (or the
Secretary's delegate) may provide.
[[Page 134 STAT. 358]]
SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS INTEREST.
(a) In General.--Section 163(j) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 163.>> is amended by redesignating paragraph (10)
as paragraph (11) and by inserting after paragraph (9) the following new
paragraph:
``(10) Special rule for taxable years beginning in 2019 and
2020.--
``(A) In general.--
``(i) <<NOTE: Applicability.>> In general.--
Except as provided in clause (ii) or (iii), in the
case of any taxable year beginning in 2019 or
2020, paragraph (1)(B) shall be applied by
substituting `50 percent' for `30 percent'.
``(ii) Special rule for partnerships.--In the
case of a partnership--
``(I) clause (i) shall not apply to
any taxable year beginning in 2019, but
``(II) unless a partner elects not
to have this subclause apply, in the
case of any excess business interest of
the partnership for any taxable year
beginning in 2019 which is allocated to
the partner under paragraph
(4)(B)(i)(II)--
``(aa) 50 percent of such
excess business interest shall
be treated as business interest
which, notwithstanding paragraph
(4)(B)(ii), is paid or accrued
by the partner in the partner's
first taxable year beginning in
2020 and which is not subject to
the limits of paragraph (1), and
``(bb) 50 percent of such
excess business interest shall
be subject to the limitations of
paragraph (4)(B)(ii) in the same
manner as any other excess
business interest so allocated.
``(iii) Election out.--A taxpayer may elect,
at such time and in such manner as the Secretary
may prescribe, not to have clause (i) apply to any
taxable year. Such an election, once made, may be
revoked only with the consent of the Secretary. In
the case of a partnership, any such election shall
be made by the partnership and may be made only
for taxable years beginning in 2020.
``(B) Election to use 2019 adjusted taxable income
for taxable years beginning in 2020.--
``(i) In general.--Subject to clause (ii), in
the case of any taxable year beginning in 2020,
the taxpayer may elect to apply this subsection by
substituting the adjusted taxable income of the
taxpayer for the last taxable year beginning in
2019 for the adjusted taxable income for such
taxable year. In the case of a partnership, any
such election shall be made by the partnership.
``(ii) Special rule for short taxable years.--
If an election is made under clause (i) for a
taxable year which is a short taxable year, the
adjusted taxable income for the taxpayer's last
taxable year beginning in 2019 which is
substituted under clause (i) shall be equal to the
amount which bears the same ratio to such adjusted
taxable income determined without
[[Page 134 STAT. 359]]
regard to this clause as the number of months in
the short taxable year bears to 12''.
(b) <<NOTE: 26 USC 163.>> Effective Date.--The amendments made by
this section shall apply to taxable years beginning after December 31,
2018.
SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALIFIED IMPROVEMENT
PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code of
1986 <<NOTE: 26 USC 168.>> is amended--
(1) in subsection (e)--
(A) in paragraph (3)(E), by striking ``and'' at the
end of clause (v), by striking the period at the end of
clause (vi) and inserting ``, and'', and by adding at
the end the following new clause:
``(vii) any qualified improvement property.'',
and
(B) in paragraph (6)(A), by inserting ``made by the
taxpayer'' after ``any improvement'', and
(2) in the table contained in subsection (g)(3)(B)--
(A) by striking the item relating to subparagraph
(D)(v), and
(B) by inserting after the item relating to
subparagraph (E)(vi) the following new item:
``(E)(vii).............................................. 20''.
(b) <<NOTE: 26 USC 168 note.>> Effective Date.--The amendments made
by this section shall take effect as if included in section 13204 of
Public Law 115-97.
SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR ALCOHOL USED TO
PRODUCE HAND SANITIZER.
(a) In General.--Section 5214(a) of the Internal Revenue Code of
1986 is amended--
(1) in paragraph (13), by striking the period at the end and
inserting ``; or'', and
(2) <<NOTE: Time period.>> by adding at the end the
following new paragraph:
``(14) with respect to distilled spirits removed after
December 31, 2019, and before January 1, 2021, free of tax for
use in or contained in hand sanitizer produced and distributed
in a manner consistent with any guidance issued by the Food and
Drug Administration that is related to the outbreak of virus
SARS-CoV-2 or coronavirus disease 2019 (COVID-19).''.
(b) <<NOTE: 26 USC 5214 note.>> Effective Date.--The amendments
made by this section shall apply to distilled spirits removed after
December 31, 2019.
(c) <<NOTE: 26 USC 5214 note.>> Application of Other Laws.--Any
distilled spirits or product described in paragraph (14) of section
5214(a) of the Internal Revenue Code of 1986 (as added by this section)
shall not be subject to any requirements related to labeling or bulk
sales under--
(1) section 105 or 106 of the Federal Alcohol Administration
Act (27 U.S.C. 205, 206); or
(2) section 204 of the Alcoholic Beverage Labeling Act of
1988 (27 U.S.C. 215).
[[Page 134 STAT. 360]]
TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST
THE CORONAVIRUS
Subtitle A-- <<NOTE: Coronavirus Aid, Relief, and Economic Security
Act. 42 USC 201 note.>> Health Provisions
SEC. 3001. SHORT TITLE.
This subtitle may be cited as the ``Coronavirus Aid, Relief, and
Economic Security Act''.
PART I--ADDRESSING SUPPLY SHORTAGES
Subpart A--Medical Product Supplies
SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA'S MEDICAL PRODUCT
SUPPLY CHAIN SECURITY.
(a) <<NOTE: Contracts.>> In General.--Not later than 60 days after
the date of enactment of this Act, the Secretary of Health and Human
Services shall enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine (referred to in this section as the
``National Academies'') to examine, and, in a manner that does not
compromise national security, report on, the security of the United
States medical product supply chain.
(b) Purposes.--The report developed under this section shall--
(1) <<NOTE: Assessment. Evaluation.>> assess and evaluate
the dependence of the United States, including the private
commercial sector, States, and the Federal Government, on
critical drugs and devices that are sourced or manufactured
outside of the United States, which may include an analysis of--
(A) the supply chain of critical drugs and devices
of greatest priority to providing health care;
(B) any potential public health security or national
security risks associated with reliance on critical
drugs and devices sourced or manufactured outside of the
United States, which may include responses to previous
or existing shortages or public health emergencies, such
as infectious disease outbreaks, bioterror attacks, and
other public health threats;
(C) any existing supply chain information gaps, as
applicable; and
(D) potential economic impact of increased domestic
manufacturing; and
(2) <<NOTE: Recommenda- tions.>> provide recommendations,
which may include a plan to improve the resiliency of the supply
chain for critical drugs and devices as described in paragraph
(1), and to address any supply vulnerabilities or potential
disruptions of such products that would significantly affect or
pose a threat to public health security or national security, as
appropriate, which may include strategies to--
(A) promote supply chain redundancy and contingency
planning;
(B) encourage domestic manufacturing, including
consideration of economic impacts, if any;
(C) improve supply chain information gaps;
[[Page 134 STAT. 361]]
(D) improve planning considerations for medical
product supply chain capacity during public health
emergencies; and
(E) promote the accessibility of such drugs and
devices.
(c) Input.--In conducting the study and developing the report under
subsection (b), the National Academies shall--
(1) consider input from the Department of Health and Human
Services, the Department of Homeland Security, the Department of
Defense, the Department of Commerce, the Department of State,
the Department of Veterans Affairs, the Department of Justice,
and any other Federal agencies as appropriate; and
(2) <<NOTE: Consultation.>> consult with relevant
stakeholders, which may include conducting public meetings and
other forms of engagement, as appropriate, with health care
providers, medical professional societies, State-based
societies, public health experts, State and local public health
departments, State medical boards, patient groups, medical
product manufacturers, health care distributors, wholesalers and
group purchasing organizations, pharmacists, and other entities
with experience in health care and public health, as
appropriate.
(d) Definitions.--In this section, the terms ``device'' and ``drug''
have the meanings given such terms in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321).
SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCKPILE TO INCLUDE
CERTAIN TYPES OF MEDICAL SUPPLIES.
Section 319F-2(a)(1) of the Public Health Service Act (42 U.S.C.
247d-6b(a)(1)) is amended by inserting ``(including personal protective
equipment, ancillary medical supplies, and other applicable supplies
required for the administration of drugs, vaccines and other biological
products, medical devices, and diagnostic tests in the stockpile)''
after ``other supplies''.
SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DEVICES AS COVERED
COUNTERMEASURES.
Section 319F-3(i)(1)(D) of the Public Health Service Act (42 U.S.C.
247d-6d(i)(1)(D)) is amended to read as follows:
``(D) <<NOTE: Determination.>> a respiratory
protective device that is approved by the National
Institute for Occupational Safety and Health under part
84 of title 42, Code of Federal Regulations (or any
successor regulations), and that the Secretary
determines to be a priority for use during a public
health emergency declared under section 319.''.
Subpart B--Mitigating Emergency Drug Shortages
SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLICATIONS; INCENTIVES.
Section 506C(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356c(g)) is amended--
(1) in paragraph (1), by striking ``the Secretary may'' and
inserting ``the Secretary shall, as appropriate'';
(2) in paragraph (1), by inserting ``prioritize and'' before
``expedite the review''; and
(3) in paragraph (2), by inserting ``prioritize and'' before
``expedite an inspection''.
[[Page 134 STAT. 362]]
SEC. 3112. ADDITIONAL MANUFACTURER REPORTING REQUIREMENTS IN
RESPONSE TO DRUG SHORTAGES.
(a) Expansion To Include Active Pharmaceutical Ingredients.--
Subsection (a) of section 506C of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 356c) is amended--
(1) in paragraph (1)(C), by inserting ``or any such drug
that is critical to the public health during a public health
emergency declared by the Secretary under section 319 of the
Public Health Service Act'' after ``during surgery''; and
(2) in the flush text at the end--
(A) by inserting ``, or a permanent discontinuance
in the manufacture of an active pharmaceutical
ingredient or an interruption in the manufacture of the
active pharmaceutical ingredient of such drug that is
likely to lead to a meaningful disruption in the supply
of the active pharmaceutical ingredient of such drug,''
before ``and the reasons''; and
(B) by adding at the end the following:
``Notification under this subsection shall include
disclosure of reasons for the discontinuation or
interruption, and if applicable, an active
pharmaceutical ingredient is a reason for, or risk
factor in, such discontinuation or interruption, the
source of the active pharmaceutical ingredient and any
alternative sources for the active pharmaceutical
ingredient known by the manufacturer; whether any
associated device used for preparation or administration
included in the drug is a reason for, or a risk factor
in, such discontinuation or interruption; the expected
duration of the interruption; and such other information
as the Secretary may require.''.
(b) Risk Management.--Section 506C of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the
following:
``(j) Risk Management Plans.--Each manufacturer of a drug described
in subsection (a) or of any active pharmaceutical ingredient or any
associated medical device used for preparation or administration
included in the drug, shall develop, maintain, and implement, as
appropriate, a redundancy risk management plan that identifies and
evaluates risks to the supply of the drug, as applicable, for each
establishment in which such drug or active pharmaceutical ingredient of
such drug is manufactured. <<NOTE: Inspection.>> A risk management plan
under this section shall be subject to inspection and copying by the
Secretary pursuant to an inspection or a request under section
704(a)(4).''.
(c) Annual Notification.--Section 506E of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356e) is amended by adding at the end the
following:
``(d) Interagency Notification.--Not later than 180 days after the
date of enactment of this subsection, and every 90 days thereafter, the
Secretary shall transmit a report regarding the drugs of the current
drug shortage list under this section to the Administrator of the
Centers for Medicare & Medicaid Services.''.
(d) Reporting After Inspections.--Section 704(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 374(b)) is amended--
(1) by redesignating paragraphs (1) and (2) and
subparagraphs (A) and (B);
(2) by striking ``(b) Upon completion'' and inserting
``(b)(1) Upon completion''; and
[[Page 134 STAT. 363]]
(3) by adding at the end the following:
``(2) <<NOTE: Records.>> In carrying out this subsection with
respect to any establishment manufacturing a drug approved under
subsection (c) or (j) of section 505 for which a notification has been
submitted in accordance with section 506C is, or has been in the last 5
years, listed on the drug shortage list under section 506E, or that is
described in section 505(j)(11)(A), a copy of the report shall be sent
promptly to the appropriate offices of the Food and Drug Administration
with expertise regarding drug shortages.''.
(e) Reporting Requirement.--Section 510(j) of the Federal Food,
Drug, Cosmetic Act (21 U.S.C. 360(j)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3)(A) Each person who registers with the Secretary under
this section with regard to a drug shall report annually to the
Secretary on the amount of each drug listed under paragraph (1)
that was manufactured, prepared, propagated, compounded, or
processed by such person for commercial distribution. Such
information may be required to be submitted in an electronic
format as determined by the Secretary. The Secretary may require
that information required to be reported under this paragraph be
submitted at the time a public health emergency is declared by
the Secretary under section 319 of the Public Health Service
Act.
``(B) <<NOTE: Determination.>> By order of the Secretary,
certain biological products or categories of biological products
regulated under section 351 of the Public Health Service Act may
be exempt from some or all of the reporting requirements under
subparagraph (A), if the Secretary determines that applying such
reporting requirements to such biological products or categories
of biological products is not necessary to protect the public
health.''.
(f) <<NOTE: 21 USC 356c note.>> Confidentiality.--Nothing in the
amendments made by this section shall be construed as authorizing the
Secretary to disclose any information that is a trade secret or
confidential information subject to section 552(b)(4) of title 5, United
States Code, or section 1905 of title 18, United States Code.
(g) <<NOTE: 21 USC 356c note.>> Effective Date.--The amendments
made by this section and section 3111 shall take effect on the date that
is 180 days after the date of enactment of this Act.
Subpart C--Preventing Medical Device Shortages
SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF
MEDICAL DEVICES.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351
et seq.) is amended by inserting after section 506I the following:
``SEC. 506J. <<NOTE: 21 USC 356j.>> DISCONTINUANCE OR
INTERRUPTION IN THE PRODUCTION OF
MEDICAL DEVICES.
``(a) In General.--A manufacturer of a device that--
``(1) is critical to public health during a public health
emergency, including devices that are life-supporting, life-
sustaining, or intended for use in emergency medical care or
during surgery; or
[[Page 134 STAT. 364]]
``(2) <<NOTE: Determination. Notification.>> for which the
Secretary determines that information on potential meaningful
supply disruptions of such device is needed during, or in
advance of, a public health emergency;
shall, during, or in advance of, a public health emergency declared by
the Secretary under section 319 of the Public Health Service Act, notify
the Secretary, in accordance with subsection (b), of a permanent
discontinuance in the manufacture of the device (except for
discontinuances as a result of an approved modification of the device)
or an interruption of the manufacture of the device that is likely to
lead to a meaningful disruption in the supply of that device in the
United States, and the reasons for such discontinuance or interruption.
``(b) Timing.--A notice required under subsection (a) shall be
submitted to the Secretary--
``(1) at least 6 months prior to the date of the
discontinuance or interruption; or
``(2) if compliance with paragraph (1) is not possible, as
soon as practicable.
``(c) <<NOTE: Determination.>> Distribution.--
``(1) Public availability.--To the maximum extent
practicable, subject to paragraph (2), the Secretary shall
distribute, through such means as the Secretary determines
appropriate, information on the discontinuance or interruption
of the manufacture of devices reported under subsection (a) to
appropriate organizations, including physician, health provider,
patient organizations, and supply chain partners, as appropriate
and applicable, as described in subsection (g).
``(2) Public health exception.--The Secretary may choose not
to make information collected under this section publicly
available pursuant to this section if the Secretary determines
that disclosure of such information would adversely affect the
public health, such as by increasing the possibility of
unnecessary over purchase of product, component parts, or other
disruption of the availability of medical products to patients.
``(d) Confidentiality.--Nothing in this section shall be construed
as authorizing the Secretary to disclose any information that is a trade
secret or confidential information subject to section 552(b)(4) of title
5, United States Code, or section 1905 of title 18, United States Code.
``(e) <<NOTE: Deadlines.>> Failure To Meet Requirements.--If a
person fails to submit information required under subsection (a) in
accordance with subsection (b)--
``(1) <<NOTE: Notification.>> the Secretary shall issue a
letter to such person informing such person of such failure;
``(2) not later than 30 calendar days after the issuance of
a letter under paragraph (1), the person who receives such
letter shall submit to the Secretary a written response to such
letter setting forth the basis for noncompliance and providing
information required under subsection (a); and
``(3) <<NOTE: Public information. Web
posting. Determination.>> not later than 45 calendar days after
the issuance of a letter under paragraph (1), the Secretary
shall make such letter and any response to such letter under
paragraph (2) available to the public on the internet website of
the Food and Drug Administration, with appropriate redactions
made to protect information described in subsection (d), except
that, if the Secretary determines that the letter under
paragraph (1) was issued in error or, after review of such
response, the
[[Page 134 STAT. 365]]
person had a reasonable basis for not notifying as required
under subsection (a), the requirements of this paragraph shall
not apply.
``(f) Expedited Inspections and Reviews.--If, based on notifications
described in subsection (a) or any other relevant information, the
Secretary concludes that there is, or is likely to be, a shortage of an
device, the Secretary shall, as appropriate--
``(1) prioritize and expedite the review of a submission
under section 513(f)(2), 515, review of a notification under
section 510(k), or 520(m) for a device that could help mitigate
or prevent such shortage; or
``(2) prioritize and expedite an inspection or reinspection
of an establishment that could help mitigate or prevent such
shortage.
``(g) Device Shortage List.--
``(1) <<NOTE: Determination.>> Establishment.--The
Secretary shall establish and maintain an up-to-date list of
devices that are determined by the Secretary to be in shortage
in the United States.
``(2) Contents.--For each device included on the list under
paragraph (1), the Secretary shall include the following
information:
``(A) The category or name of the device in
shortage.
``(B) The name of each manufacturer of such device.
``(C) The reason for the shortage, as determined by
the Secretary, selecting from the following categories:
``(i) Requirements related to complying with
good manufacturing practices.
``(ii) Regulatory delay.
``(iii) Shortage or discontinuance of a
component or part.
``(iv) Discontinuance of the manufacture of
the device.
``(v) Delay in shipping of the device.
``(vi) Delay in sterilization of the device.
``(vii) Demand increase for the device.
``(viii) Facility closure.
``(D) <<NOTE: Estimate. Determination.>> The
estimated duration of the shortage as determined by the
Secretary.
``(3) Public availability.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary shall make the information in the
list under paragraph (1) publicly available.
``(B) Trade secrets and confidential information.--
Nothing in this subsection shall be construed to alter
or amend section 1905 of title 18, United States Code,
or section 552(b)(4) of title 5 of such Code.
``(C) <<NOTE: Determination.>> Public health
exception.--The Secretary may elect not to make
information collected under this subsection publicly
available if the Secretary determines that disclosure of
such information would adversely affect the public
health (such as by increasing the possibility of
hoarding or other disruption of the availability of the
device to patients).
``(h) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of the Secretary on the date of
enactment of this section to expedite the review of devices under
section 515 of the Federal Food, Drug, and Cosmetic Act, section
[[Page 134 STAT. 366]]
515B of such Act relating to the priority review program for devices,
and section 564 of such Act relating to the emergency use authorization
authorities.
``(i) Definitions.--In this section:
``(1) Meaningful disruption.--The term `meaningful
disruption'--
``(A) means a change in production that is
reasonably likely to lead to a reduction in the supply
of a device by a manufacturer that is more than
negligible and affects the ability of the manufacturer
to fill orders or meet expected demand for its product;
``(B) does not include interruptions in
manufacturing due to matters such as routine maintenance
or insignificant changes in manufacturing so long as the
manufacturer expects to resume operations in a short
period of time, not to exceed 6 months;
``(C) does not include interruptions in
manufacturing of components or raw materials so long as
such interruptions do not result in a shortage of the
device and the manufacturer expects to resume operations
in a reasonable period of time; and
``(D) does not include interruptions in
manufacturing that do not lead to a reduction in
procedures or diagnostic tests associated with a medical
device designed to perform more than one procedure or
diagnostic test.
``(2) Shortage.--The term `shortage', with respect to a
device, means a period of time when the demand or projected
demand for the device within the United States exceeds the
supply of the device.''.
PART II--ACCESS TO HEALTH CARE FOR COVID-19 PATIENTS
Subpart A--Coverage of Testing and Preventive Services
SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING FOR COVID-19.
Paragraph (1) of section 6001(a) of division F of the Families First
Coronavirus Response Act (Public Law 116-127) <<NOTE: Ante, p. 201.>>
is amended to read as follows:
``(1) An in vitro diagnostic test defined in section 809.3
of title 21, Code of Federal Regulations (or successor
regulations) for the detection of SARS-CoV-2 or the diagnosis of
the virus that causes COVID-19, and the administration of such a
test, that--
``(A) is approved, cleared, or authorized under
section 510(k), 513, 515, or 564 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e,
360bbb-3);
``(B) the developer has requested, or intends to
request, emergency use authorization under section 564
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-3), unless and until the emergency use
authorization request under such section 564 has been
denied or the developer of such test does not submit a
request under such section within a reasonable
timeframe;
[[Page 134 STAT. 367]]
``(C) is developed in and authorized by a State that
has notified the Secretary of Health and Human Services
of its intention to review tests intended to diagnose
COVID-19; or
``(D) other test that the Secretary determines
appropriate in guidance.''.
SEC. 3202. <<NOTE: 42 USC 256b note.>> PRICING OF DIAGNOSTIC
TESTING.
(a) Reimbursement Rates.--A group health plan or a health insurance
issuer providing coverage of items and services described in section
6001(a) of division F of the Families First Coronavirus Response Act
(Public Law 116-127) with respect to an enrollee shall reimburse the
provider of the diagnostic testing as follows:
(1) <<NOTE: Applicability.>> If the health plan or issuer
has a negotiated rate with such provider in effect before the
public health emergency declared under section 319 of the Public
Health Service Act (42 U.S.C. 247d), such negotiated rate shall
apply throughout the period of such declaration.
(2) <<NOTE: Reimbursement. Public information. Web
posting.>> If the health plan or issuer does not have a
negotiated rate with such provider, such plan or issuer shall
reimburse the provider in an amount that equals the cash price
for such service as listed by the provider on a public internet
website, or such plan or issuer may negotiate a rate with such
provider for less than such cash price.
(b) Requirement to Publicize Cash Price for Diagnostic Testing for
COVID-19.--
(1) <<NOTE: Web posting.>> In general.--During the
emergency period declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d), each provider of a diagnostic test
for COVID-19 shall make public the cash price for such test on a
public internet website of such provider.
(2) <<NOTE: Compliance.>> Civil monetary penalties.--The
Secretary of Health and Human Services may impose a civil
monetary penalty on any provider of a diagnostic test for COVID-
19 that is not in compliance with paragraph (1) and has not
completed a corrective action plan to comply with the
requirements of such paragraph, in an amount not to exceed $300
per day that the violation is ongoing.
SEC. 3203. <<NOTE: 42 USC 300gg-13 note.>> RAPID COVERAGE OF
PREVENTIVE SERVICES AND VACCINES FOR
CORONAVIRUS.
(a) <<NOTE: Regulations.>> In General.--Notwithstanding 2713(b) of
the Public Health Service Act (42 U.S.C. 300gg-13), the Secretary of
Health and Human Services, the Secretary of Labor, and the Secretary of
the Treasury shall require group health plans and health insurance
issuers offering group or individual health insurance to cover (without
cost-sharing) any qualifying coronavirus preventive service, pursuant to
section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg-13(a))
(including the regulations under sections 2590.715-2713 of title 29,
Code of Federal Regulations, section 54.9815-2713 of title 26, Code of
Federal Regulations, and section 147.130 of title 45, Code of Federal
Regulations (or any successor regulations)). <<NOTE: Effective date.>>
The requirement described in this subsection shall take effect with
respect to a qualifying coronavirus preventive service on the specified
date described in subsection (b)(2).
(b) Definitions.--For purposes of this section:
(1) Qualifying coronavirus preventive service.--The term
``qualifying coronavirus preventive service'' means an item,
[[Page 134 STAT. 368]]
service, or immunization that is intended to prevent or mitigate
coronavirus disease 2019 and that is--
(A) an evidence-based item or service that has in
effect a rating of ``A'' or ``B'' in the current
recommendations of the United States Preventive Services
Task Force; or
(B) an immunization that has in effect a
recommendation from the Advisory Committee on
Immunization Practices of the Centers for Disease
Control and Prevention with respect to the individual
involved.
(2) <<NOTE: Time period. Recommenda- tion.>> Specified
date.--The term ``specified date'' means the date that is 15
business days after the date on which a recommendation is made
relating to the qualifying coronavirus preventive service as
described in such paragraph.
(3) Additional terms.--In this section, the terms ``group
health plan'', ``health insurance issuer'', ``group health
insurance coverage'', and ``individual health insurance
coverage'' have the meanings given such terms in section 2791 of
the Public Health Service Act (42 U.S.C. 300gg-91), section 733
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1191b), and section 9832 of the Internal Revenue Code, as
applicable.
Subpart B--Support for Health Care Providers
SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS.
(a) Supplemental Awards.--Section 330(r) of the Public Health
Service Act (42 U.S.C. 254b(r)) is amended by adding at the end the
following:
``(6) Additional amounts for supplemental awards.--In
addition to any amounts made available pursuant to this
subsection, section 402A of this Act, or section 10503 of the
Patient Protection and Affordable Care Act, there is authorized
to be appropriated, and there is appropriated, out of any monies
in the Treasury not otherwise appropriated, $1,320,000,000 for
fiscal year 2020 for supplemental awards under subsection (d)
for the detection of SARS-CoV-2 or the prevention, diagnosis,
and treatment of COVID-19.''.
(b) Application of Provisions.--Amounts appropriated pursuant to the
amendment made by subsection (a) for fiscal year 2020 shall be subject
to the requirements contained in Public Law 116-94 for funds for
programs authorized under sections 330 through 340 of the Public Health
Service Act (42 U.S.C. 254 through 256).
SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS
GRANT PROGRAMS.
Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``projects to demonstrate how
telehealth technologies can be used through
telehealth networks'' and inserting ``evidence-
based projects that utilize telehealth
technologies through telehealth networks'';
(ii) in subparagraph (A)--
(I) by striking ``the quality of''
and inserting ``access to, and the
quality of,''; and
(II) by inserting ``and'' after the
semicolon;
[[Page 134 STAT. 369]]
(iii) by striking subparagraph (B);
(iv) by redesignating subparagraph (C) as
subparagraph (B); and
(v) in subparagraph (B), as so redesignated,
by striking ``and patients and their families, for
decisionmaking'' and inserting ``, patients, and
their families''; and
(B) in paragraph (2)--
(i) by striking ``demonstrate how telehealth
technologies can be used'' and inserting ``support
initiatives that utilize telehealth
technologies''; and
(ii) by striking ``, to establish telehealth
resource centers'';
(2) in subsection (e), by striking ``4 years'' and inserting
``5 years'';
(3) in subsection (f)--
(A) by striking paragraph (2);
(B) in paragraph (1)(B)--
(i) by redesignating clauses (i) through (iii)
as paragraphs (1) through (3), respectively, and
adjusting the margins accordingly;
(ii) in paragraph (3), as so redesignated by
clause (i), by redesignating subclauses (I)
through (XII) as subparagraphs (A) through (L),
respectively, and adjusting the margins
accordingly; and
(iii) by striking ``(1) Telehealth network
grants--'' and all that follows through ``(B)
Telehealth networks--''; and
(C) in paragraph (3)(I), as so redesignated, by
inserting ``and substance use disorder'' after ``mental
health'' each place such term appears;
(4) in subsection (g)(2), by striking ``or improve'' and
inserting ``and improve'';
(5) by striking subsection (h);
(6) by redesignating subsections (i) through (p) as
subsection (h) through (o), respectively;
(7) in subsection (h), as so redesignated--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``mental
health, public health, long-term care, home care,
preventive'' and inserting ``mental health care,
public health services, long-term care, home care,
preventive care'';
(ii) in subparagraph (E), by inserting ``and
regional'' after ``local''; and
(iii) by striking subparagraph (F); and
(B) in paragraph (2)(A), by striking ``medically
underserved areas or'' and inserting ``rural areas,
medically underserved areas, or'';
(8) in paragraph (2) of subsection (i), as so redesignated,
by striking ``ensure that--'' and all that follows through the
end of subparagraph (B) and inserting ``ensure that not less
than 50 percent of the funds awarded shall be awarded for
projects in rural areas.'';
(9) in subsection (j), as so redesignated--
(A) in paragraph (1)(B), by striking ``computer
hardware and software, audio and video equipment,
computer
[[Page 134 STAT. 370]]
network equipment, interactive equipment, data terminal
equipment, and other''; and
(B) in paragraph (2)(F), by striking ``health care
providers and'';
(10) in subsection (k), as so redesignated--
(A) in paragraph (2), by striking ``40 percent'' and
inserting ``20 percent''; and
(B) in paragraph (3), by striking ``(such as laying
cable or telephone lines, or purchasing or installing
microwave towers, satellite dishes, amplifiers, or
digital switching equipment)'';
(11) by striking subsections (q) and (r) and inserting the
following:
``(p) Report.--Not later than 4 years after the date of enactment of
the Coronavirus Aid, Relief, and Economic Security Act, and every 5
years thereafter, the Secretary shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report on the activities and outcomes of the grant programs under
subsection (b).'';
(12) by redesignating subsection (s) as subsection (q); and
(13) in subsection (q), as so redesignated, by striking
``this section--'' and all that follows through the end of
paragraph (2) and inserting ``this section $29,000,000 for each
of fiscal years 2021 through 2025.''.
SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH
NETWORK DEVELOPMENT, AND SMALL HEALTH
CARE PROVIDER QUALITY IMPROVEMENT GRANT
PROGRAMS.
Section 330A of the Public Health Service Act (42 U.S.C. 254c) is
amended--
(1) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``essential''
and inserting ``basic''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
inserting ``to'' after ``grants''; and
(ii) in clauses (i), (ii), and (iii), by
striking ``to'' each place such term appears;
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by inserting ``improving and'' after
``outreach by'';
(ii) by inserting ``, through community
engagement and evidence-based or innovative,
evidence-informed models'' before the period of
the first sentence; and
(iii) by striking ``3 years'' and inserting
``5 years'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by inserting ``shall'' after ``entity'';
(ii) in subparagraph (A), by striking ``shall
be a rural public or rural nonprofit private
entity'' and inserting ``be an entity with
demonstrated experience serving, or the capacity
to serve, rural underserved populations'';
[[Page 134 STAT. 371]]
(iii) in subparagraphs (B) and (C), by
striking ``shall'' each place such term appears;
and
(iv) in subparagraph (B)--
(I) in the matter preceding clause
(i), by inserting ``that'' after
``members''; and
(II) in clauses (i) and (ii), by
striking ``that'' each place such term
appears; and
(C) in paragraph (3)(C), by striking ``the local
community or region'' and inserting ``the rural
underserved populations in the local community or
region'';
(3) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``promote, through
planning and implementation, the
development of integrated health care
networks that have combined the
functions of the entities participating
in the networks'' and inserting ``plan,
develop, and implement integrated health
care networks that collaborate''; and
(II) in clause (ii), by striking
``essential health care services'' and
inserting ``basic health care services
and associated health outcomes''; and
(ii) by amending subparagraph (B) to read as
follows:
``(B) Grant periods.--The Director may award grants
under this subsection for periods of not more than 5
years.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by inserting ``shall'' after ``entity'';
(ii) in subparagraph (A), by striking ``shall
be a rural public or rural nonprofit private
entity'' and inserting ``be an entity with
demonstrated experience serving, or the capacity
to serve, rural underserved populations'';
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``shall'';
and
(bb) by inserting ``that''
after ``participants''; and
(II) in clauses (i) and (ii), by
striking ``that'' each place such term
appears; and
(iv) in subparagraph (C), by striking
``shall''; and
(C) in paragraph (3)--
(i) by amending clause (iii) of subparagraph
(C) to read as follows:
``(iii) how the rural underserved populations
in the local community or region to be served will
benefit from and be involved in the development
and ongoing operations of the network;''; and
(ii) in subparagraph (D), by striking ``the
local community or region'' and inserting ``the
rural underserved populations in the local
community or region'';
(4) in subsection (g)--
(A) in paragraph (1)--
[[Page 134 STAT. 372]]
(i) by inserting ``, including activities
related to increasing care coordination, enhancing
chronic disease management, and improving patient
health outcomes'' before the period of the first
sentence; and
(ii) by striking ``3 years'' and inserting ``5
years'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by inserting ``shall'' after ``entity'';
(ii) in subparagraphs (A) and (B), by striking
``shall'' each place such term appears; and
(iii) in subparagraph (A)(ii), by inserting
``or regional'' after ``local''; and
(C) in paragraph (3)(D), by striking ``the local
community or region'' and inserting ``the rural
underserved populations in the local community or
region'';
(5) in subsection (h)(3), in the matter preceding
subparagraph (A), by inserting ``, as appropriate,'' after ``the
Secretary'';
(6) by amending subsection (i) to read as follows:
``(i) Report.--Not later than 4 years after the date of enactment of
the Coronavirus Aid, Relief, and Economic Security Act, and every 5
years thereafter, the Secretary shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report on the activities and outcomes of the grant programs under
subsections (e), (f), and (g), including the impact of projects funded
under such programs on the health status of rural residents with chronic
conditions.''; and
(7) in subsection (j), by striking ``$45,000,000 for each of
fiscal years 2008 through 2012'' and inserting ``$79,500,000 for
each of fiscal years 2021 through 2025''.
SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION.
(a) Commissioned Corps and Ready Reserve Corps.--Section 203 of the
Public Health Service Act (42 U.S.C. 204) is amended--
(1) in subsection (a)(1), by striking ``a Ready Reserve
Corps for service in time of national emergency'' and inserting
``, for service in time of a public health or national
emergency, a Ready Reserve Corps''; and
(2) in subsection (c)--
(A) in the heading, by striking ``Research'' and
inserting ``Reserve Corps'';
(B) in paragraph (1), by inserting ``during public
health or national emergencies'' before the period;
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by inserting ``, consistent with paragraph (1)''
after ``shall'';
(ii) in subparagraph (C), by inserting
``during such emergencies'' after ``members''; and
(iii) in subparagraph (D), by inserting ``,
consistent with subparagraph (C)'' before the
period; and
(D) by adding at the end the following:
``(3) Statutory references to reserve.--A reference in any
Federal statute, except in the case of subsection (b), to the
`Reserve Corps' of the Public Health Service or to the `reserve'
of the Public Health Service shall be deemed to be a reference
to the Ready Reserve Corps.''.
[[Page 134 STAT. 373]]
(b) Deployment Readiness.--Section 203A(a)(1)(B) of the Public
Health Service Act (42 U.S.C. 204a(a)(1)(B)) is amended by striking
``Active Reserves'' and inserting ``Ready Reserve Corps''.
(c) Retirement of Commissioned Officers.--Section 211 of the Public
Health Service Act (42 U.S.C. 212) is amended--
(1) by striking ``the Service'' each place it appears and
inserting ``the Regular Corps'';
(2) in subsection (a)(4), by striking ``(in the case of an
officer in the Reserve Corps)'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``or an officer of the Reserve
Corps''; and
(ii) by inserting ``or under section
221(a)(19)'' after ``subsection (a)''; and
(B) in paragraph (2), by striking ``Regular or
Reserve Corps'' and inserting ``Regular Corps or Ready
Reserve Corps''; and
(4) in subsection (f), by striking ``the Regular or Reserve
Corps of''.
(d) Rights, Privileges, etc. of Officers and Surviving
Beneficiaries.--Section 221 of the Public Health Service Act (42 U.S.C.
213a) is amended--
(1) in subsection (a), by adding at the end the following:
``(19) Chapter 1223, Retired Pay for Non-Regular Service.
``(20) Section 12601, Compensation: Reserve on active duty
accepting from any person.
``(21) Section 12684, Reserves: separation for absence
without authority or sentence to imprisonment.''; and
(2) in subsection (b)--
(A) by striking ``Secretary of Health, Education,
and Welfare or his designee'' and inserting ``Secretary
of Health and Human Services or the designee of such
secretary'';
(B) by striking ``(b) The authority vested'' and
inserting the following:
``(b)(1) The authority vested'';
(C) by striking ``For purposes of'' and inserting
the following:
``(2) For purposes of''; and
(D) by adding at the end the following:
``(3) <<NOTE: Definitions.>> For purposes of paragraph (19) of
subsection (a), the terms `Military department', `Secretary concerned',
and `Armed forces' in such title 10 shall be deemed to include,
respectively, the Department of Health and Human Services, the Secretary
of Health and Human Services, and the Commissioned Corps.''.
(e) Technical Amendments.--Title II of the Public Health Service Act
(42 U.S.C. 202 et seq.) is amended--
(1) <<NOTE: 42 USC 205, 209.>> in sections 204 and 207(c),
by striking ``Regular or Reserve Corps'' each place it appears
and inserting ``Regular Corps or Ready Reserve Corps'';
(2) <<NOTE: 42 USC 210.>> in section 208(a), by striking
``Regular and Reserve Corps'' each place it appears and
inserting ``Regular Corps and Ready Reserve Corps''; and
(3) <<NOTE: 42 USC 206, 207, 211, 210-1, 209.>> in section
205(c), 206(c), 210, and 219, and in subsections (a), (b), and
(d) of section 207, by striking ``Reserve Corps'' each place it
appears and inserting ``Ready Reserve Corps''.
[[Page 134 STAT. 374]]
SEC. 3215. <<NOTE: 42 USC 234 note.>> LIMITATION ON LIABILITY FOR
VOLUNTEER HEALTH CARE PROFESSIONALS
DURING COVID-19 EMERGENCY RESPONSE.
(a) Limitation on Liability.--Except as provided in subsection (b),
a health care professional shall not be liable under Federal or State
law for any harm caused by an act or omission of the professional in the
provision of health care services during the public health emergency
with respect to COVID-19 declared by the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'') under
section 319 of the Public Health Service Act (42 U.S.C. 247d) on January
31, 2020, if--
(1) the professional is providing health care services in
response to such public health emergency, as a volunteer; and
(2) the act or omission occurs--
(A) in the course of providing health care services;
(B) in the health care professional's capacity as a
volunteer;
(C) in the course of providing health care services
that--
(i) are within the scope of the license,
registration, or certification of the volunteer,
as defined by the State of licensure,
registration, or certification; and
(ii) do not exceed the scope of license,
registration, or certification of a substantially
similar health professional in the State in which
such act or omission occurs; and
(D) in a good faith belief that the individual being
treated is in need of health care services.
(b) Exceptions.--Subsection (a) does not apply if--
(1) the harm was caused by an act or omission constituting
willful or criminal misconduct, gross negligence, reckless
misconduct, or a conscious flagrant indifference to the rights
or safety of the individual harmed by the health care
professional; or
(2) the health care professional rendered the health care
services under the influence (as determined pursuant to
applicable State law) of alcohol or an intoxicating drug.
(c) Preemption.--
(1) In general.--This section preempts the laws of a State
or any political subdivision of a State to the extent that such
laws are inconsistent with this section, unless such laws
provide greater protection from liability.
(2) Volunteer protection act.--Protections afforded by this
section are in addition to those provided by the Volunteer
Protection Act of 1997 (Public Law 105-19).
(d) Definitions.--In this section--
(1) the term ``harm'' includes physical, nonphysical,
economic, and noneconomic losses;
(2) the term ``health care professional'' means an
individual who is licensed, registered, or certified under
Federal or State law to provide health care services;
(3) the term ``health care services'' means any services
provided by a health care professional, or by any individual
working under the supervision of a health care professional that
relate to--
(A) the diagnosis, prevention, or treatment of
COVID-19; or
[[Page 134 STAT. 375]]
(B) the assessment or care of the health of a human
being related to an actual or suspected case of COVID-
19; and
(4) the term ``volunteer'' means a health care professional
who, with respect to the health care services rendered, does not
receive compensation or any other thing of value in lieu of
compensation, which compensation--
(A) includes a payment under any insurance policy or
health plan, or under any Federal or State health
benefits program; and
(B) excludes--
(i) receipt of items to be used exclusively
for rendering health care services in the health
care professional's capacity as a volunteer
described in subsection (a)(1); and
(ii) any reimbursement for travel to the site
where the volunteer services are rendered and any
payments in cash or kind to cover room and board,
if services are being rendered more than 75 miles
from the volunteer's principal place of residence.
(e) <<NOTE: Applicability.>> Effective Date.--This section shall
take effect upon the date of enactment of this Act, and applies to a
claim for harm only if the act or omission that caused such harm
occurred on or after the date of enactment.
(f) Sunset.--This section shall be in effect only for the length of
the public health emergency declared by the Secretary of Health and
Human Services (referred to in this section as the ``Secretary'') under
section 319 of the Public Health Service Act (42 U.S.C. 247d) on January
31, 2020 with respect to COVID-19.
SEC. 3216. <<NOTE: 42 USC 254f note.>> FLEXIBILITY FOR MEMBERS OF
NATIONAL HEALTH SERVICE CORPS DURING
EMERGENCY PERIOD.
During the public health emergency declared by the Secretary of
Health and Human Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19, the
Secretary may, notwithstanding section 333 of the Public Health Service
Act (42 U.S.C. 254f), assign members of the National Health Service
Corps, with the voluntary agreement of such corps members, to provide
such health services at such places, and for such number of hours, as
the Secretary determines necessary to respond to such emergency,
provided that such places are within a reasonable distance of the site
to which such members were originally assigned, and the total number of
hours required are the same as were required of such members prior to
the date of enactment of this Act.
Subpart C--Miscellaneous Provisions
SEC. 3221. <<NOTE: 42 USC 290dd-2 note.>> CONFIDENTIALITY AND
DISCLOSURE OF RECORDS RELATING TO
SUBSTANCE USE DISORDER.
(a) Conforming Changes Relating to Substance Use Disorder.--
Subsections (a) and (h) of section 543 of the Public Health Service Act
(42 U.S.C. 290dd-2) are each amended by striking ``substance abuse'' and
inserting ``substance use disorder''.
(b) Disclosures to Covered Entities Consistent With HIPAA.--
Paragraph (1) of section 543(b) of the Public Health Service Act (42
U.S.C. 290dd-2(b)) is amended to read as follows:
[[Page 134 STAT. 376]]
``(1) <<NOTE: Applicability.>> Consent.--The following
shall apply with respect to the contents of any record referred
to in subsection (a):
``(A) Such contents may be used or disclosed in
accordance with the prior written consent of the patient
with respect to whom such record is maintained.
``(B) Once prior written consent of the patient has
been obtained, such contents may be used or disclosed by
a covered entity, business associate, or a program
subject to this section for purposes of treatment,
payment, and health care operations as permitted by the
HIPAA regulations. Any information so disclosed may then
be redisclosed in accordance with the HIPAA regulations.
Section 13405(c) of the Health Information Technology
and Clinical Health Act (42 U.S.C. 17935(c)) shall apply
to all disclosures pursuant to subsection (b)(1) of this
section.
``(C) It shall be permissible for a patient's prior
written consent to be given once for all such future
uses or disclosures for purposes of treatment, payment,
and health care operations, until such time as the
patient revokes such consent in writing.
``(D) Section 13405(a) of the Health Information
Technology and Clinical Health Act (42 U.S.C. 17935(a))
shall apply to all disclosures pursuant to subsection
(b)(1) of this section.''.
(c) Disclosures of De-Identified Health Information to Public Health
Authorities.--Paragraph (2) of section 543(b) of the Public Health
Service Act (42 U.S.C. 290dd-2(b)), is amended by adding at the end the
following:
``(D) To a public health authority, so long as such
content meets the standards established in section
164.514(b) of title 45, Code of Federal Regulations (or
successor regulations) for creating de-identified
information.''.
(d) Definitions.--Section 543 of the Public Health Service Act (42
U.S.C. 290dd-2) is amended by adding at the end the following:
``(k) Definitions.--For purposes of this section:
``(1) Breach.--The term `breach' has the meaning given such
term for purposes of the HIPAA regulations.
``(2) Business associate.--The term `business associate' has
the meaning given such term for purposes of the HIPAA
regulations.
``(3) Covered entity.--The term `covered entity' has the
meaning given such term for purposes of the HIPAA regulations.
``(4) Health care operations.--The term `health care
operations' has the meaning given such term for purposes of the
HIPAA regulations.
``(5) HIPAA regulations.--The term `HIPAA regulations' has
the meaning given such term for purposes of parts 160 and 164 of
title 45, Code of Federal Regulations.
``(6) Payment.--The term `payment' has the meaning given
such term for purposes of the HIPAA regulations.
``(7) Public health authority.--The term `public health
authority' has the meaning given such term for purposes of the
HIPAA regulations.
``(8) Treatment.--The term `treatment' has the meaning given
such term for purposes of the HIPAA regulations.
[[Page 134 STAT. 377]]
``(9) Unsecured protected health information.--The term
`unprotected health information' has the meaning given such term
for purposes of the HIPAA regulations.''.
(e) Use of Records in Criminal, Civil, or Administrative
Investigations, Actions, or Proceedings.--Subsection (c) of section 543
of the Public Health Service Act (42 U.S.C. 290dd-2(c)) is amended to
read as follows:
``(c) Use of Records in Criminal, Civil, or Administrative
Contexts.--Except as otherwise authorized by a court order under
subsection (b)(2)(C) or by the consent of the patient, a record referred
to in subsection (a), or testimony relaying the information contained
therein, may not be disclosed or used in any civil, criminal,
administrative, or legislative proceedings conducted by any Federal,
State, or local authority, against a patient, including with respect to
the following activities:
``(1) Such record or testimony shall not be entered into
evidence in any criminal prosecution or civil action before a
Federal or State court.
``(2) Such record or testimony shall not form part of the
record for decision or otherwise be taken into account in any
proceeding before a Federal, State, or local agency.
``(3) Such record or testimony shall not be used by any
Federal, State, or local agency for a law enforcement purpose or
to conduct any law enforcement investigation.
``(4) Such record or testimony shall not be used in any
application for a warrant.''.
(f) Penalties.--Subsection (f) of section 543 of the Public Health
Service Act (42 U.S.C. 290dd-2) is amended to read as follows:
``(f) <<NOTE: Applicability.>> Penalties.--The provisions of
sections 1176 and 1177 of the Social Security Act shall apply to a
violation of this section to the extent and in the same manner as such
provisions apply to a violation of part C of title XI of such Act. In
applying the previous sentence--
``(1) the reference to `this subsection' in subsection
(a)(2) of such section 1176 shall be treated as a reference to
`this subsection (including as applied pursuant to section
543(f) of the Public Health Service Act)'; and
``(2) in subsection (b) of such section 1176--
``(A) each reference to `a penalty imposed under
subsection (a)' shall be treated as a reference to `a
penalty imposed under subsection (a) (including as
applied pursuant to section 543(f) of the Public Health
Service Act)'; and
``(B) each reference to `no damages obtained under
subsection (d)' shall be treated as a reference to `no
damages obtained under subsection (d) (including as
applied pursuant to section 543(f) of the Public Health
Service Act)'.''.
(g) Antidiscrimination.--Section 543 of the Public Health Service
Act (42 U.S.C. 290dd-2) is amended by inserting after subsection (h) the
following:
``(i) Antidiscrimination.--
``(1) In general.--No entity shall discriminate against an
individual on the basis of information received by such entity
pursuant to an inadvertent or intentional disclosure of records,
[[Page 134 STAT. 378]]
or information contained in records, described in subsection (a)
in--
``(A) admission, access to, or treatment for health
care;
``(B) hiring, firing, or terms of employment, or
receipt of worker's compensation;
``(C) the sale, rental, or continued rental of
housing;
``(D) access to Federal, State, or local courts; or
``(E) access to, approval of, or maintenance of
social services and benefits provided or funded by
Federal, State, or local governments.
``(2) Recipients of federal funds.--No recipient of Federal
funds shall discriminate against an individual on the basis of
information received by such recipient pursuant to an
intentional or inadvertent disclosure of such records or
information contained in records described in subsection (a) in
affording access to the services provided with such funds.''.
(h) Notification in Case of Breach.--Section 543 of the Public
Health Service Act (42 U.S.C. 290dd-2), as amended by subsection (g), is
further amended by inserting after subsection (i) the following:
``(j) <<NOTE: Applicability.>> Notification in Case of Breach.--The
provisions of section 13402 of the HITECH Act (42 U.S.C. 17932) shall
apply to a program or activity described in subsection (a), in case of a
breach of records described in subsection (a), to the same extent and in
the same manner as such provisions apply to a covered entity in the case
of a breach of unsecured protected health information.''.
(i) <<NOTE: Consultation. 42 USC 290dd-2 note.>> Regulations.--
(1) <<NOTE: Applicability. Time period.>> In general.--The
Secretary of Health and Human Services, in consultation with
appropriate Federal agencies, shall make such revisions to
regulations as may be necessary for implementing and enforcing
the amendments made by this section, such that such amendments
shall apply with respect to uses and disclosures of information
occurring on or after the date that is 12 months after the date
of enactment of this Act.
(2) <<NOTE: Deadline. Update.>> Easily understandable
notice of privacy practices.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Health and Human
Services, in consultation with appropriate legal, clinical,
privacy, and civil rights experts, shall update section 164.520
of title 45, Code of Federal Regulations, so that covered
entities and entities creating or maintaining the records
described in subsection (a) provide notice, written in plain
language, of privacy practices regarding patient records
referred to in section 543(a) of the Public Health Service Act
(42 U.S.C. 290dd-2(a)), including--
(A) a statement of the patient's rights, including
self-pay patients, with respect to protected health
information and a brief description of how the
individual may exercise these rights (as required by
subsection (b)(1)(iv) of such section 164.520); and
(B) a description of each purpose for which the
covered entity is permitted or required to use or
disclose protected health information without the
patient's written authorization (as required by
subsection (b)(2) of such section 164.520).
[[Page 134 STAT. 379]]
(j) <<NOTE: 42 USC 290dd-2 note.>> Rules of Construction.--Nothing
in this Act or the amendments made by this Act shall be construed to
limit--
(1) a patient's right, as described in section 164.522 of
title 45, Code of Federal Regulations, or any successor
regulation, to request a restriction on the use or disclosure of
a record referred to in section 543(a) of the Public Health
Service Act (42 U.S.C. 290dd-2(a)) for purposes of treatment,
payment, or health care operations; or
(2) a covered entity's choice, as described in section
164.506 of title 45, Code of Federal Regulations, or any
successor regulation, to obtain the consent of the individual to
use or disclose a record referred to in such section 543(a) to
carry out treatment, payment, or health care operation.
(k) Sense of Congress.--It is the sense of the Congress that--
(1) any person treating a patient through a program or
activity with respect to which the confidentiality requirements
of section 543 of the Public Health Service Act (42 U.S.C.
290dd-2) apply is encouraged to access the applicable State-
based prescription drug monitoring program when clinically
appropriate;
(2) patients have the right to request a restriction on the
use or disclosure of a record referred to in section 543(a) of
the Public Health Service Act (42 U.S.C. 290dd-2(a)) for
treatment, payment, or health care operations;
(3) covered entities should make every reasonable effort to
the extent feasible to comply with a patient's request for a
restriction regarding such use or disclosure;
(4) for purposes of applying section 164.501 of title 45,
Code of Federal Regulations, the definition of health care
operations shall have the meaning given such term in such
section, except that clause (v) of paragraph (6) shall not
apply; and
(5) programs creating records referred to in section 543(a)
of the Public Health Service Act (42 U.S.C. 290dd-2(a)) should
receive positive incentives for discussing with their patients
the benefits to consenting to share such records.
SEC. 3222. <<NOTE: 42 USC 3030e note.>> NUTRITION SERVICES.
(a) Definitions.--In this section, the terms ``Assistant
Secretary'', ``Secretary'', ``State agency'', and ``area agency on
aging'' have the meanings given the terms in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002).
(b) Nutrition Services Transfer Criteria.--During any portion of the
COVID-19 public health emergency declared under section 319 of the
Public Health Service Act (42 U.S.C. 247d), the Secretary shall allow a
State agency or an area agency on aging, without prior approval, to
transfer not more than 100 percent of the funds received by the State
agency or area agency on aging, respectively, and attributable to funds
appropriated under paragraph (1) or (2) of section 303(b) of the Older
Americans Act of 1965 (42 U.S.C. 3023(b)), between subpart 1 and subpart
2 of part C (42 U.S.C. 3030d-2 et seq.) for such use as the State agency
or area agency on aging, respectively, considers appropriate to meet the
needs of the State or area served.
(c) Home-delivered Nutrition Services Waiver.--For purposes of State
agencies' determining the delivery of nutrition services under section
337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), during the
period of the COVID-19 public health
[[Page 134 STAT. 380]]
emergency declared under section 319 of the Public Health Service Act
(42 U.S.C. 247d), the same meaning shall be given to an individual who
is unable to obtain nutrition because the individual is practicing
social distancing due to the emergency as is given to an individual who
is homebound by reason of illness.
(d) Dietary Guidelines Waiver.--To facilitate implementation of
subparts 1 and 2 of part C of title III of the Older Americans Act of
1965 (42 U.S.C. 3030d-2 et seq.) during any portion of the COVID-19
public health emergency declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d), the Assistant Secretary may waive the
requirements for meals provided under those subparts to comply with the
requirements of clauses (i) and (ii) of section 339(2)(A) of such Act
(42 U.S.C. 3030g-21(2)(A)).
SEC. 3223. <<NOTE: Determinations. 42 USC 3056 note.>> CONTINUITY
OF SERVICE AND OPPORTUNITIES FOR
PARTICIPANTS IN COMMUNITY SERVICE
ACTIVITIES UNDER TITLE V OF THE OLDER
AMERICANS ACT OF 1965.
To ensure continuity of service and opportunities for participants
in community service activities under title V of the Older Americans Act
of 1965 (42 U.S.C. 3056 et seq.), the Secretary of Labor--
(1)(A) may allow individuals participating in projects under
such title as of March 1, 2020, to extend their participation
for a period that exceeds the period described in section
518(a)(3)(B)(i) of such Act (42 U.S.C. 3056p(a)(3)(B)(i)) if the
Secretary determines such extension is appropriate due to the
effects of the COVID-19 public health emergency declared under
section 319 of the Public Health Service Act (42 U.S.C. 247d);
and
(B) may increase the average participation cap for eligible
individuals applicable to grantees as described in section
502(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C.
3056(b)(1)(C)) to a cap the Secretary determines is appropriate
due to the effects of the COVID-19 public health emergency
declared under section 319 of the Public Health Service Act (42
U.S.C. 247d); and
(2) may increase the amount available to pay the authorized
administrative costs for a project, described in section
502(c)(3) of the Older Americans Act of 1965 (42 U.S.C.
3056(c)(3)) to an amount not to exceed 20 percent of the grant
amount if the Secretary determines that such increase is
necessary to adequately respond to the additional administrative
needs to respond to the COVID-19 public health emergency
declared under section 319 of the Public Health Service Act (42
U.S.C. 247d).
SEC. 3224. <<NOTE: 42 USC 1320d-2 note. Deadline.>> GUIDANCE ON
PROTECTED HEALTH INFORMATION.
Not later than 180 days after the date of enactment of this Act, the
Secretary of Health and Human Services shall issue guidance on the
sharing of patients' protected health information pursuant to section
160.103 of title 45, Code of Federal Regulations (or any successor
regulations) during the public health emergency declared by the
Secretary of Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d) with respect to COVID-19, during the
emergency involving Federal primary responsibility determined to exist
by the President under section 501(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to
COVID-
[[Page 134 STAT. 381]]
19, and during the national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to
COVID-19. Such guidance shall include information on compliance with the
regulations promulgated pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2
note) and applicable policies, including such policies that may come
into effect during such emergencies.
SEC. 3225. REAUTHORIZATION OF HEALTHY START PROGRAM.
Section 330H of the Public Health Service Act (42 U.S.C. 254c-8) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``, during fiscal
year 2001 and subsequent years,''; and
(B) in paragraph (2), by inserting ``or increasing
above the national average'' after ``areas with high'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``consumers of
project services, public health departments, hospitals,
health centers under section 330'' and inserting
``participants and former participants of project
services, public health departments, hospitals, health
centers under section 330, State substance abuse
agencies''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``such as
low birthweight'' and inserting ``including poor
birth outcomes (such as low birthweight and
preterm birth) and social determinants of
health'';
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A), the
following:
``(B) Communities with--
``(i) high rates of infant mortality or poor
perinatal outcomes; or
``(ii) high rates of infant mortality or poor
perinatal outcomes in specific subpopulations
within the community.''; and
(iv) in subparagraph (C) (as so
redesignated)--
(I) by redesignating clauses (i) and
(ii) as clauses (ii) and (iii),
respectively;
(II) by inserting before clause (ii)
(as so redesignated) the following:
``(i) collaboration with the local community
in the development of the project;'';
(III) in clause (ii) (as so
redesignated), by striking ``and'' at
the end;
(IV) in clause (iii) (as so
redesignated), by striking the period
and inserting ``; and''; and
(V) by adding at the end the
following:
``(iv) <<NOTE: Data.>> the use and collection
of data demonstrating the effectiveness of such
program in decreasing infant mortality rates and
improving perinatal outcomes, as applicable, or
the process by which new applicants plan to
collect this data.'';
(3) in subsection (c)--
[[Page 134 STAT. 382]]
(A) by striking ``Recipients of grants'' and
inserting the following:
``(1) In general.--Recipients of grants''; and
(B) by adding at the end the following:
``(2) <<NOTE: Coordination.>> Other programs.--The
Secretary shall ensure coordination of the program carried out
pursuant to this section with other programs and activities
related to the reduction of the rate of infant mortality and
improved perinatal and infant health outcomes supported by the
Department.'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``appropriated--''
and all that follows through the end and inserting
``appropriated $125,500,000 for each of fiscal years
2021 through 2025.''; and
(B) <<NOTE: Evaluations.>> in paragraph (2)(B), by
adding at the end the following: ``Evaluations may also
include, to the extent practicable, information related
to--
``(i) progress toward achieving any grant
metrics or outcomes related to reducing infant
mortality rates, improving perinatal outcomes, or
reducing the disparity in health status;
``(ii) <<NOTE: Recommenda- tions.>>
recommendations on potential improvements that may
assist with addressing gaps, as applicable and
appropriate; and
``(iii) the extent to which the grantee
coordinated with the community in which the
grantee is located in the development of the
project and delivery of services, including with
respect to technical assistance and mentorship
programs.''; and
(5) by adding at the end the following:
``(f) GAO Report.--
``(1) <<NOTE: Evaluation.>> In general.--Not later than 4
years after the date of the enactment of this subsection, the
Comptroller General of the United States shall conduct an
independent evaluation, and submit to the appropriate Committees
of Congress a report, concerning the Healthy Start program under
this section.
``(2) Evaluation.--In conducting the evaluation under
paragraph (1), the Comptroller General shall consider, as
applicable and appropriate, information from the evaluations
under subsection (e)(2)(B).
``(3) <<NOTE: Review. Assessments. Recommenda- tions.>>
Report.--The report described in paragraph (1) shall review,
assess, and provide recommendations, as appropriate, on the
following:
``(A) The allocation of Healthy Start program grants
by the Health Resources and Services Administration,
including considerations made by such Administration
regarding disparities in infant mortality or perinatal
outcomes among urban and rural areas in making such
awards.
``(B) Trends in the progress made toward meeting the
evaluation criteria pursuant to subsection (e)(2)(B),
including programs which decrease infant mortality rates
and improve perinatal outcomes, programs that have not
decreased infant mortality rates or improved perinatal
outcomes, and programs that have made an impact on
disparities in infant mortality or perinatal outcomes.
[[Page 134 STAT. 383]]
``(C) The ability of grantees to improve health
outcomes for project participants, promote the awareness
of the Healthy Start program services, incorporate and
promote family participation, facilitate coordination
with the community in which the grantee is located, and
increase grantee accountability through quality
improvement, performance monitoring, evaluation, and the
effect such metrics may have toward decreasing the rate
of infant mortality and improving perinatal outcomes.
``(D) The extent to which such Federal programs are
coordinated across agencies and the identification of
opportunities for improved coordination in such Federal
programs and activities.''.
SEC. 3226. <<NOTE: 42 USC 247d note.>> IMPORTANCE OF THE BLOOD
SUPPLY.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall carry out a
national campaign to improve awareness of, and support outreach to the
public and health care providers about the importance and safety of
blood donation and the need for donations for the blood supply during
the public health emergency declared by the Secretary under section 319
of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID-
19.
(b) <<NOTE: Contracts.>> Awareness Campaign.--In carrying out
subsection (a), the Secretary may enter into contracts with one or more
public or private nonprofit entities, to establish a national blood
donation awareness campaign that may include television, radio,
internet, and newspaper public service announcements, and other
activities to provide for public and professional awareness and
education.
(c) Consultation.--In carrying out subsection (a), the Secretary
shall consult with the Commissioner of Food and Drugs, the Assistant
Secretary for Health, the Director of the Centers for Disease Control
and Prevention, the Director of the National Institutes of Health, and
the heads of other relevant Federal agencies, and relevant accrediting
bodies and representative organizations.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives, a report that
shall include--
(1) a description of the activities carried out under
subsection (a);
(2) a description of trends in blood supply donations; and
(3) <<NOTE: Evaluation.>> an evaluation of the impact of
the public awareness campaign, including any geographic or
population variations.
PART III--INNOVATION
SEC. 3301. REMOVING THE CAP ON OTA DURING PUBLIC HEALTH
EMERGENCIES.
Section 319L(c)(5)(A) of the Public Health Service Act (42 U.S.C.
247d-7e(c)(5)(A)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following:
``(iii) Authority during a public health
emergency.--
[[Page 134 STAT. 384]]
``(I) <<NOTE: Procedures.>> In
general.--Notwithstanding clause (ii),
the Secretary, shall, to the maximum
extent practicable, use competitive
procedures when entering into
transactions to carry out projects under
this subsection for purposes of a public
health emergency declared by the
Secretary under section 319. Any such
transactions entered into during such
public health emergency shall not be
terminated solely due to the expiration
of such public health emergency, if such
public health emergency ends before the
completion of the terms of such
agreement.
``(II) Report.--After the expiration
of the public health emergency declared
by the Secretary under section 319, the
Secretary shall provide a report to the
Committee on Health, Education, Labor,
and Pensions of the Senate and the
Committee on Energy and Commerce of the
House of Representatives regarding the
use of any funds pursuant to the
authority under subclause (I), including
any outcomes, benefits, and risks
associated with the use of such funds,
and a description of the reasons for the
use of such authority for the project or
projects.''.
SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351
et seq.) is amended by inserting after section 512 the following:
``SEC. 512A. <<NOTE: 21 USC 360b-1.>> PRIORITY ZOONOTIC ANIMAL
DRUGS.
``(a) In General.--The Secretary shall, at the request of the
sponsor intending to submit an application for approval of a new animal
drug under section 512(b)(1) or an application for conditional approval
of a new animal drug under section 571, expedite the development and
review of such new animal drug if preliminary clinical evidence
indicates that the new animal drug, alone or in combination with 1 or
more other animal drugs, has the potential to prevent or treat a
zoonotic disease in animals, including a vector borne-disease, that has
the potential to cause serious adverse health consequences for, or
serious or life-threatening diseases in, humans.
``(b) Request for Designation.--The sponsor of a new animal drug may
request the Secretary to designate a new animal drug described in
subsection (a) as a priority zoonotic animal drug. A request for the
designation may be made concurrently with, or at any time after, the
opening of an investigational new animal drug file under section 512(j)
or the filing of an application under section 512(b)(1) or 571.
``(c) Designation.--
``(1) <<NOTE: Deadline. Determination.>> In general.--Not
later than 60 calendar days after the receipt of a request under
subsection (b), the Secretary shall determine whether the new
animal drug that is the subject of the request meets the
criteria described in subsection (a). If the Secretary
determines that the new animal drug meets the criteria, the
Secretary shall designate the new animal drug as a priority
zoonotic animal drug and shall take such actions as are
appropriate to expedite the development and
[[Page 134 STAT. 385]]
review of the application for approval or conditional approval
of such new animal drug.
``(2) Actions.--The actions to expedite the development and
review of an application under paragraph (1) may include, as
appropriate--
``(A) taking steps to ensure that the design of
clinical trials is as efficient as practicable, when
scientifically appropriate, such as by utilizing novel
trial designs or drug development tools (including
biomarkers) that may reduce the number of animals needed
for studies;
``(B) providing timely advice to, and interactive
communication with, the sponsor (which may include
meetings with the sponsor and review team) regarding the
development of the new animal drug to ensure that the
development program to gather the nonclinical and
clinical data necessary for approval is as efficient as
practicable;
``(C) involving senior managers and review staff
with experience in zoonotic or vector-borne disease to
facilitate collaborative, cross-disciplinary review,
including, as appropriate, across agency centers; and
``(D) implementing additional administrative or
process enhancements, as necessary, to facilitate an
efficient review and development program.''.
PART IV--HEALTH CARE WORKFORCE
SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS WORKFORCE
PROGRAMS.
Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
is amended--
(1) in section 736 (42 U.S.C. 293), by striking subsection
(i) and inserting the following:
``(i) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $23,711,000 for each of fiscal
years 2021 through 2025.'';
(2) in section 740 (42 U.S.C. 293d)--
(A) in subsection (a), by striking ``$51,000,000 for
fiscal year 2010, and such sums as may be necessary for
each of the fiscal years 2011 through 2014'' and
inserting ``$51,470,000 for each of fiscal years 2021
through 2025'';
(B) in subsection (b), by striking ``$5,000,000 for
each of the fiscal years 2010 through 2014'' and
inserting ``$1,190,000 for each of fiscal years 2021
through 2025'';
(C) in subsection (c), by striking ``$60,000,000 for
fiscal year 2010 and such sums as may be necessary for
each of the fiscal years 2011 through 2014'' and
inserting ``$15,000,000 for each of fiscal years 2021
through 2025''; and
(D) in subsection (d), by striking ``Not Later than
6 months after the date of enactment of this part, the
Secretary shall prepare and submit to the appropriate
committees of Congress'' and inserting: ``Not later than
September 30, 2025, and every five years thereafter, the
Secretary shall prepare and submit to the Committee on
Health, Education, Labor, and Pensions of the Senate,
and the Committee on Energy and Commerce of the House of
Representatives,'';
[[Page 134 STAT. 386]]
(3) in section 747 (42 U.S.C. 293k)--
(A) in subsection (a)--
(i) in paragraph (1)(G), by striking ``to
plan, develop, and operate a demonstration program
that provides training'' and inserting: ``to plan,
develop, and operate a program that identifies or
develops innovative models of providing care, and
trains primary care physicians on such models
and''; and
(ii) by adding at the end the following:
``(3) Priorities in making awards.--In awarding grants or
contracts under paragraph (1), the Secretary may give priority
to qualified applicants that train residents in rural areas,
including for Tribes or Tribal Organizations in such areas.'';
(B) in subsection (b)(3)(E), by striking
``substance-related disorders'' and inserting
``substance use disorders''; and
(C) in subsection (c)(1), by striking ``$125,000,000
for fiscal year 2010, and such sums as may be necessary
for each of fiscal years 2011 through 2014'' and
inserting ``$48,924,000 for each of fiscal years 2021
through 2025'';
(4) in section 748 (42 U.S.C. 293k-2)--
(A) in subsection (c)(5), by striking ``substance-
related disorders'' and inserting ``substance use
disorders''; and
(B) in subsection (f), by striking ``$30,000,000 for
fiscal year 2010 and such sums as may be necessary for
each of fiscal years 2011 through 2015'' and inserting
``$28,531,000 for each of fiscal years 2021 through
2025'';
(5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), by striking
``Committee on Labor and Human Resources of the Senate, and the
Committee on Commerce of the House of Representatives'' and
inserting ``Committee on Health, Education, Labor, and Pensions
of the Senate, and the Committee on Energy and Commerce of the
House of Representatives'';
(6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by striking
``$125,000,000 for each of the fiscal years 2010 through 2014''
and inserting ``$41,250,000 for each of fiscal years 2021
through 2025'';
(7) in section 754(b)(1)(A) (42 U.S.C. 294d(b)(1)(A)), by
striking ``new and innovative'' and inserting ``innovative or
evidence-based'';
(8) in section 755(b)(1)(A) (42 U.S.C. 294e(b)(1)(A)), by
striking ``the elderly'' and inserting ``geriatric populations
or for maternal and child health'';
(9) in section 761(e) (42 U.S.C. 294n(e))--
(A) in paragraph (1)(A), by striking ``$7,500,000
for each of fiscal years 2010 through 2014'' and
inserting ``$5,663,000 for each of fiscal years 2021
through 2025''; and
(B) in paragraph (2), by striking ``subsection (a)''
and inserting ``paragraph (1)'';
(10) in section 762 (42 U.S.C. 294o)--
(A) in subsection (a)(1), by striking ``Committee on
Labor and Human Resources'' and inserting ``Committee on
Health, Education, Labor, and Pensions'';
(B) in subsection (b)--
[[Page 134 STAT. 387]]
(i) in paragraph (2), by striking ``Health
Care Financing Administration'' and inserting
``Centers for Medicare & Medicaid Services'';
(ii) by redesignating paragraphs (4) through
(6) as paragraphs (5) through (7), respectively;
and
(iii) by inserting after paragraph (3), the
following:
``(4) the Administrator of the Health Resources and Services
Administration;'';
(C) by striking subsections (i), (j), and (k) and
inserting the following:
``(i) Reports.--Not later than September 30, 2023, and not less than
every 5 years thereafter, the Council shall submit to the Secretary, and
to the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives, a report on the recommendations described in subsection
(a).''; and
(D) by redesignating subsection (l) as subsection
(j);
(11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), by
striking ``that plans'' and all that follows through the period
and inserting ``that plans, develops, operates, and evaluates
projects to improve preventive medicine, health promotion and
disease prevention, or access to and quality of health care
services in rural or medically underserved communities.'';
(12) in section 770(a) (42 U.S.C. 295e(a)), by striking
``$43,000,000 for fiscal year 2011, and such sums as may be
necessary for each of the fiscal years 2012 through 2015'' and
inserting ``$17,000,000 for each of fiscal years 2021 through
2025''; and
(13) in section 775(e) (42 U.S.C. 295f(e)), by striking
``$30,000,000'' and all that follows through the period and
inserting ``such sums as may be necessary for each of fiscal
years 2021 through 2025.''.
SEC. 3402. <<NOTE: 42 USC 292 note prec.>> HEALTH WORKFORCE
COORDINATION.
(a) Strategic Plan.--
(1) <<NOTE: Deadline. Consultation.>> In general.--Not
later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services (referred to in this Act
as the ``Secretary''), in consultation with the Advisory
Committee on Training in Primary Care Medicine and Dentistry and
the Advisory Council on Graduate Medical Education, shall
develop a comprehensive and coordinated plan with respect to the
health care workforce development programs of the Department of
Health and Human Services, including education and training
programs.
(2) Requirements.--The plan under paragraph (1) shall--
(A) include performance measures to determine the
extent to which the programs described in paragraph (1)
are strengthening the Nation's health care system;
(B) identify any gaps that exist between the
outcomes of programs described in paragraph (1) and
projected health care workforce needs identified in
workforce projection reports conducted by the Health
Resources and Services Administration;
(C) identify actions to address the gaps described
in subparagraph (B); and
(D) identify barriers, if any, to implementing the
actions identified under subparagraph (C).
[[Page 134 STAT. 388]]
(b) Coordination With Other Agencies.--The Secretary shall
coordinate with the heads of other Federal agencies and departments that
fund or administer health care workforce development programs, including
education and training programs, to--
(1) <<NOTE: Evaluation.>> evaluate the performance of such
programs, including the extent to which such programs are
efficient and effective and are meeting the nation's health
workforce needs; and
(2) identify opportunities to improve the quality and
consistency of the information collected to evaluate within and
across such programs, and to implement such improvements.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Energy and Commerce of the House of Representatives, a report describing
the plan developed under subsection (a) and actions taken to implement
such plan.
SEC. 3403. EDUCATION AND TRAINING RELATING TO GERIATRICS.
Section 753 of the Public Health Service Act (42 U.S.C. 294c) is
amended to read as follows:
``SEC. 753. EDUCATION AND TRAINING RELATING TO GERIATRICS.
``(a) Geriatrics Workforce Enhancement Program.--
``(1) <<NOTE: Grants. Contracts.>> In general.--The
Secretary shall award grants, contracts, or cooperative
agreements under this subsection to entities described in
paragraph (1), (3), or (4) of section 799B, section 801(2), or
section 865(d), or other health professions schools or programs
approved by the Secretary, for the establishment or operation of
Geriatrics Workforce Enhancement Programs that meet the
requirements of paragraph (2).
``(2) Requirements.--
``(A) In general.--A Geriatrics Workforce
Enhancement Program receiving an award under this
section shall support the training of health
professionals in geriatrics, including traineeships or
fellowships. Such programs shall emphasize, as
appropriate, patient and family engagement, integration
of geriatrics with primary care and other appropriate
specialties, and collaboration with community partners
to address gaps in health care for older adults.
``(B) Activities.--Activities conducted by a program
under this section may include the following:
``(i) Clinical training on providing
integrated geriatrics and primary care delivery
services.
``(ii) Interprofessional training to
practitioners from multiple disciplines and
specialties, including training on the provision
of care to older adults.
``(iii) Establishing or maintaining training-
related community-based programs for older adults
and caregivers to improve health outcomes for
older adults.
``(iv) Providing education on Alzheimer's
disease and related dementias to families and
caregivers of older adults, direct care workers,
and health professions students, faculty, and
providers.
``(3) Duration.--Each grant, contract, or cooperative
agreement or contract awarded under paragraph (1) shall be for a
period not to exceed 5 years.
``(4) Applications.--To be eligible to receive a grant,
contract, or cooperative agreement under paragraph (1), an
entity
[[Page 134 STAT. 389]]
described in such paragraph shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(5) Program requirements.--
``(A) In general.--In awarding grants, contracts,
and cooperative agreements under paragraph (1), the
Secretary--
``(i) shall give priority to programs that
demonstrate coordination with another Federal or
State program or another public or private entity;
``(ii) shall give priority to applicants with
programs or activities that are expected to
substantially benefit rural or medically
underserved populations of older adults, or serve
older adults in Indian Tribes or Tribal
organizations; and
``(iii) may give priority to any program
that--
``(I) integrates geriatrics into
primary care practice;
``(II) provides training to
integrate geriatric care into other
specialties across care settings,
including practicing clinical
specialists, health care administrators,
faculty without backgrounds in
geriatrics, and students from all health
professions;
``(III) emphasizes integration of
geriatric care into existing service
delivery locations and care across
settings, including primary care
clinics, medical homes, Federally
qualified health centers, ambulatory
care clinics, critical access hospitals,
emergency care, assisted living and
nursing facilities, and home- and
community-based services, which may
include adult daycare;
``(IV) supports the training and
retraining of faculty, primary care
providers, other direct care providers,
and other appropriate professionals on
geriatrics;
``(V) emphasizes education and
engagement of family caregivers on
disease management and strategies to
meet the needs of caregivers of older
adults; or
``(VI) proposes to conduct outreach
to communities that have a shortage of
geriatric workforce professionals.
``(B) Special consideration.--In awarding grants,
contracts, and cooperative agreements under this
section, the Secretary shall give special consideration
to entities that provide services in areas with a
shortage of geriatric workforce professionals.
``(6) Priority.--The Secretary may provide awardees with
additional support for activities in areas of demonstrated need,
which may include education and training for home health
workers, family caregivers, and direct care workers on care for
older adults.
``(7) Reporting.--
``(A) Reports from entities.--Each entity awarded a
grant, contract, or cooperative agreement under this
section shall submit an annual report to the Secretary
on
[[Page 134 STAT. 390]]
the activities conducted under such grant, contract, or
cooperative agreement, which may include information on
the number of trainees, the number of professions and
disciplines, the number of partnerships with health care
delivery sites, the number of faculty and practicing
professionals who participated in such programs, and
other information, as the Secretary may require.
``(B) <<NOTE: Summary.>> Report to congress.--Not
later than 4 years after the date of enactment of the
Title VII Health Care Workforce Reauthorization Act of
2019 and every 5 years thereafter, the Secretary shall
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that
provides a summary of the activities and outcomes
associated with grants, contracts, and cooperative
agreements made under this section. Such reports shall
include--
``(i) information on the number of trainees,
faculty, and professionals who participated in
programs under this section;
``(ii) information on the impact of the
program conducted under this section on the health
status of older adults, including in areas with a
shortage of health professionals; and
``(iii) information on outreach and education
provided under this section to families and
caregivers of older adults.
``(C) <<NOTE: Web posting.>> Public availability.--
The Secretary shall make reports submitted under
paragraph (B) publically available on the internet
website of the Department of Health and Human Services.
``(b) Geriatric Academic Career Awards.--
``(1) Establishment of program.--The Secretary shall, as
appropriate, establish or maintain a program to provide
geriatric academic career awards to eligible entities applying
on behalf of eligible individuals to promote the career
development of such individuals as academic geriatricians or
other academic geriatrics health professionals.
``(2) <<NOTE: Definitions.>> Eligibility.--
``(A) Eligible entity.--For purposes of this
subsection, the term `eligible entity' means--
``(i) an entity described in paragraph (1),
(3), or (4) of section 799B or section 801(2); or
``(ii) another accredited health professions
school or graduate program approved by the
Secretary.
``(B) Eligible individual.--For purposes of this
subsection, the term `eligible individual' means an
individual who--
``(i)(I) is board certified or board eligible
in internal medicine, family practice, psychiatry,
or licensed dentistry, or has completed required
training in a discipline and is employed in an
accredited health professions school or graduate
program that is approved by the Secretary; or
``(II) has completed an approved fellowship
program in geriatrics, or has completed specialty
training in geriatrics as required by the
discipline and any
[[Page 134 STAT. 391]]
additional geriatrics training as required by the
Secretary; and
``(ii) has a junior, nontenured, faculty
appointment at an accredited health professions
school or graduate program in geriatrics or a
geriatrics health profession.
``(C) Clarification.--If an eligible individual is
promoted during the period of an award under this
subsection and thereby no longer meets the criteria of
subparagraph (B)(ii), the individual shall continue to
be treated as an eligible individual through the term of
the award.
``(3) Application requirements.--In order to receive an
award under paragraph (1), an eligible entity, on behalf of an
eligible individual, shall--
``(A) submit to the Secretary an application, at
such time, in such manner, and containing such
information as the Secretary may require;
``(B) provide, in such form and manner as the
Secretary may require, assurances that the eligible
individual will meet the service requirement described
in paragraph (6); and
``(C) provide, in such form and manner as the
Secretary may require, assurances that the individual
has a full-time faculty appointment in a health
professions institution and documented commitment from
such eligible entity that the individual will spend 75
percent of the individual's time that is supported by
the award on teaching and developing skills in
interdisciplinary education in geriatrics.
``(4) Equitable distribution.--In making awards under this
subsection, the Secretary shall seek to ensure geographical
distribution among award recipients, including among rural or
medically underserved areas of the United States.
``(5) Amount and duration.--
``(A) Amount.--The amount of an award under this
subsection shall be at least $75,000 for fiscal year
2021, adjusted for subsequent years in accordance with
the consumer price index. <<NOTE: Determination.>> The
Secretary shall determine the amount of an award under
this subsection for individuals who are not physicians.
``(B) Duration.--The Secretary shall make awards
under paragraph (1) for a period not to exceed 5 years.
``(6) Service requirement.--An individual who receives an
award under this subsection shall provide training in clinical
geriatrics, including the training of interprofessional teams of
health care professionals. The provision of such training shall
constitute at least 75 percent of the obligations of such
individual under the award.
``(c) Nonapplicability of Provision.--Notwithstanding any other
provision of this title, section 791(a) shall not apply to awards made
under this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $40,737,000 for each of fiscal years 2021 through 2025 for
purposes of carrying out this section.''.
SEC. 3404. NURSING WORKFORCE DEVELOPMENT.
(a) In General.--Title VIII of the Public Health Service Act (42
U.S.C. 296 et seq.) is amended--
[[Page 134 STAT. 392]]
(1) in section 801 (42 U.S.C. 296), by adding at the end the
following:
``(18) <<NOTE: Definition.>> Nurse managed health clinic.--
The term `nurse managed health clinic' means a nurse-practice
arrangement, managed by advanced practice nurses, that provides
primary care or wellness services to underserved or vulnerable
populations and that is associated with a school, college,
university or department of nursing, federally qualified health
center, or independent nonprofit health or social services
agency.'';
(2) in section 802(c) (42 U.S.C. 296a(c)), by inserting ``,
and how such project aligns with the goals in section 806(a)''
before the period in the second sentence;
(3) in section 803(b) (42 U.S.C. 296b(b)), by adding at the
end the following: ``Such Federal funds are intended to
supplement, not supplant, existing non-Federal expenditures for
such activities.'';
(4) in section 806 (42 U.S.C. 296e)--
(A) in subsection (a), by striking ``as needed to''
and all that follows and inserting the following: ``as
needed to address national nursing needs, including--
``(1) addressing challenges, including through supporting
training and education of nursing students, related to the
distribution of the nursing workforce and existing or projected
nursing workforce shortages in geographic areas that have been
identified as having, or that are projected to have, a nursing
shortage;
``(2) increasing access to and the quality of health care
services, including by supporting the training of professional
registered nurses, advanced practice registered nurses, and
advanced education nurses within community based settings and in
a variety of health delivery system settings; or
``(3) addressing the strategic goals and priorities
identified by the Secretary and that are in accordance with this
title.
Contracts may <<NOTE: Contracts. Determination.>> be entered into under
this title with public or private entities as determined necessary by
the Secretary.'';
(B) in subsection (b)(2), by striking ``a
demonstration'' and all that follows and inserting the
following: ``the reporting of data and information
demonstrating that satisfactory progress has been made
by the program or project in meeting the performance
outcome standards (as described in section 802) of such
program or project.'';
(C) in subsection (e)(2), by inserting ``, and have
relevant expertise and experience'' before the period at
the end of the first sentence; and
(D) by adding at the end the following:
``(i) Biennial Report on Nursing Workforce Program Improvements.--
Not <<NOTE: Assessment.>> later than September 30, 2020, and biennially
thereafter, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, a report that contains an
assessment of the programs and activities of the Department of Health
and Human Services related to enhancing the nursing workforce, including
the extent to which programs and activities under this title meet the
identified goals and performance measures developed for the respective
programs and activities, and the extent to which the Department
coordinates with other
[[Page 134 STAT. 393]]
Federal departments regarding programs designed to improve the nursing
workforce.'';
(5) in section 811 (42 U.S.C. 296j)--
(A) in subsection (b)--
(i) by striking ``Master's'' and inserting
``graduate''; and
(ii) by inserting ``clinical nurse leaders,''
after ``nurse administrators,'';
(B) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(C) by inserting after subsection (e), the
following:
``(f) Authorized Clinical Nurse Specialist Programs.--Clinical nurse
specialist programs eligible for support under this section are
education programs that--
``(1) provide registered nurses with full-time clinical
nurse specialist education; and
``(2) have as their objective the education of clinical
nurse specialists who will, upon completion of such a program,
be qualified to effectively provide care through the wellness
and illness continuum to inpatients and outpatients experiencing
acute and chronic illness.''; and
(6) in section 831 (42 U.S.C. 296p)--
(A) in the section heading, by striking ``and
quality grants'' and inserting ``quality, and retention
grants'';
(B) in subsection (b)(2), by striking ``other high-
risk groups such as the elderly, individuals with HIV/
AIDS, substance abusers, the homeless, and victims'' and
inserting ``high risk groups, such as the elderly,
individuals with HIV/AIDS, individuals with mental
health or substance use disorders, individuals who are
homeless, and survivors'';
(C) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by striking ``advancement for
nursing personnel'' and inserting the
following: ``advancement for--
``(i) nursing'';
(II) by striking ``professional
nurses, advanced education nurses,
licensed practical nurses, certified
nurse assistants, and home health
aides'' and inserting ``professional
registered nurses, advanced practice
registered nurses, and nurses with
graduate nursing education''; and
(III) by adding at the end the
following:
``(ii) individuals including licensed
practical nurses, licensed vocational nurses,
certified nurse assistants, home health aides,
diploma degree or associate degree nurses, and
other health professionals, such as health aides
or community health practitioners certified under
the Community Health Aide Program of the Indian
Health Service, to become registered nurses with
baccalaureate degrees or nurses with graduate
nursing education;'';
(ii) in subparagraph (B), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
[[Page 134 STAT. 394]]
``(C) developing and implementing internships,
accredited fellowships, and accredited residency
programs in collaboration with one or more accredited
schools of nursing, to encourage the mentoring and
development of specialties.'';
(D) by striking subsections (e) and (h);
(E) by redesignating subsections (f) and (g), as
subsections (e) and (f), respectively;
(F) in subsection (e) (as so redesignated), by
striking ``The Secretary shall submit to the Congress
before the end of each fiscal year'' and inserting ``As
part of the report on nursing workforce programs
described in section 806(i), the Secretary shall
include''; and
(G) in subsection (f) (as so redesignated), by
striking ``a school of nursing, as defined in section
801(2),,'' and inserting ``an accredited school of
nursing, as defined in section 801(2), a health care
facility, including federally qualified health centers
or nurse-managed health clinics, or a partnership of
such a school and facility'';
(7) by striking section 831A (42 U.S.C. 296p-1);
(8) in section 846 (42 U.S.C. 297n)--
(A) by striking the last sentence of subsection (a);
(B) in subsection (b)(1), by striking ``he began
such practice'' and inserting ``the individual began
such practice''; and
(C) in subsection (i), by striking ``Funding'' in
the subsection heading and all that follows through
``paragraph (1)'' in paragraph (2), and inserting the
following: ``Allocations.--Of the amounts appropriated
under section 871(b),'';
(9) in section 846A (42 U.S.C. 247n-1), by striking
subsection (f);
(10) in section 847 (42 U.S.C. 297o), by striking subsection
(g);
(11) in section 851 (42 U.S.C. 297t)--
(A) in subsection (b)(1)(A)(iv), by striking ``and
nurse anesthetists'' and inserting ``nurse anesthetists,
and clinical nurse specialists'';
(B) in subsection (d)(3)--
(i) by striking ``3 years after the date of
enactment of this section'' and inserting ``2
years after the date of enactment of the Title
VIII Nursing Reauthorization Act'';
(ii) by striking ``Labor and Human Resources''
and inserting ``Health, Education, Labor, and
Pensions''; and
(iii) by inserting ``Energy and'' before
``Commerce''; and
(C) in subsection (g), by striking ``under this
title'' and inserting ``for carrying out parts B, C, and
D'';
(12) by striking sections 861 and 862 (42 U.S.C. 297w and
297x); and
(13) in section 871 (42 U.S.C. 298d)--
(A) by striking ``For the purpose of'' and inserting
the following:
``(a) In General.--For the purpose of'';
[[Page 134 STAT. 395]]
(B) by striking ``$338,000,000 for fiscal year 2010,
and such sums as may be necessary for each of the fiscal
years 2011 through 2016'' and inserting ``$137,837,000
for each of fiscal years 2021 through 2025''; and
(C) by adding at the end the following:
``(b) Part E.--For the purpose of carrying out part E, there are
authorized to be appropriated $117,135,000 for each of the fiscal years
2021 through 2025.''.
(b) Evaluation and Report on Nurse Loan Repayment Programs.--
(1) Evaluation.--The Comptroller General shall conduct an
evaluation of the nurse loan repayment programs administered by
the Health Resources and Services Administration. Such
evaluation shall include--
(A) the manner in which payments are made under such
programs;
(B) the existing oversight functions necessary to
ensure the proper use of such programs, including
payments made as part of such programs;
(C) the identification of gaps, if any, in oversight
functions; and
(D) information on the number of nurses assigned to
facilities pursuant to such programs, including the type
of facility to which nurses are assigned and the impact
of modifying the eligibility requirements for programs
under section 846 of the Public Health Service Act (42
U.S.C. 297n), such as the impact on entities to which
nurses had previously been assigned prior to fiscal year
2019 (such as federally qualified health centers and
facilities affiliated with the Indian Health Service).
(2) <<NOTE: Recommenda- tions.>> Report.--Not later than 18
months after the enactment of this Act, the Comptroller General
shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives, a report on the evaluation
under paragraph (1), which may include recommendations to
improve relevant nursing workforce loan repayment programs.
Subtitle <<NOTE: COVID-19 Pandemic Education Relief Act of 2020. 20 USC
1001 note.>> B--Education Provisions
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``COVID-19 Pandemic Education
Relief Act of 2020''.
SEC. 3502. <<NOTE: 20 USC 1001 note.>> DEFINITIONS.
(a) Definitions.--In this subtitle:
(1) Coronavirus.--The term ``coronavirus'' has the meaning
given the term in section 506 of the Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020 (Public Law
116-123).
(2) Foreign institution.--The term ``foreign institution''
means an institution of higher education located outside the
United States that is described in paragraphs (1)(C) and (2) of
section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)).
[[Page 134 STAT. 396]]
(3) Institution of higher education.--The term ``institution
of higher education'' has the meaning of the term under section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(4) Qualifying emergency.--The term ``qualifying emergency''
means--
(A) a public health emergency related to the
coronavirus declared by the Secretary of Health and
Human Services pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d);
(B) an event related to the coronavirus for which
the President declared a major disaster or an emergency
under section 401 or 501, respectively, of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 and 5191); or
(C) a national emergency related to the coronavirus
declared by the President under section 201 of the
National Emergencies Act (50 U.S.C. 1601 et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 3503. <<NOTE: 20 USC 1001 note.>> CAMPUS-BASED AID WAIVERS.
(a) Waiver of Non-federal Share Requirement.--Notwithstanding
sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965
(20 U.S.C. 1070b-2(a)(2) and 1087-53(b)(5)), with respect to funds made
available for award years 2019-2020 and 2020-2021, the Secretary shall
waive the requirement that a participating institution of higher
education provide a non-Federal share to match Federal funds provided to
the institution for the programs authorized pursuant to subpart 3 of
part A and part C of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070b et seq. and 1087-51 et seq.) for all awards made under such
programs during such award years, except nothing in this subsection
shall affect the non-Federal share requirement under section 443(c)(3)
that applies to private for-profit organizations.
(b) Authority to Reallocate.--Notwithstanding sections 413D, 442,
and 488 of the Higher Education Act of 1965 (20 U.S.C. 1070b-3, 1087-52,
and 1095), during a period of a qualifying emergency, an institution may
transfer up to 100 percent of the institution's unexpended allotment
under section 442 of such Act to the institution's allotment under
section 413D of such Act, but may not transfer any funds from the
institution's unexpended allotment under section 413D of such Act to the
institution's allotment under section 442 of such Act.
SEC. 3504. <<NOTE: 20 USC 1001 note.>> USE OF SUPPLEMENTAL
EDUCATIONAL OPPORTUNITY GRANTS FOR
EMERGENCY AID.
(a) In General.--Notwithstanding section 413B of the Higher
Education Act of 1965 (20 U.S.C. 1070b-1), an institution of higher
education may reserve any amount of an institution's allocation under
subpart 3 of part A of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070b et seq.) for a fiscal year to award, in such fiscal year,
emergency financial aid grants to assist undergraduate or graduate
students for unexpected expenses and unmet financial need as the result
of a qualifying emergency.
(b) Determinations.--In determining eligibility for and awarding
emergency financial aid grants under this section, an institution of
higher education may--
[[Page 134 STAT. 397]]
(1) waive the amount of need calculation under section 471
of the Higher Education Act of 1965 (20 U.S.C. 1087kk);
(2) allow for a student affected by a qualifying emergency
to receive funds in an amount that is not more than the maximum
Federal Pell Grant for the applicable award year; and
(3) utilize a contract with a scholarship-granting
organization designated for the sole purpose of accepting
applications from or disbursing funds to students enrolled in
the institution of higher education, if such scholarship-
granting organization disburses the full allocated amount
provided to the institution of higher education to the
recipients.
(c) Special Rule.--Any emergency financial aid grants to students
under this section shall not be treated as other financial assistance
for the purposes of section 471 of the Higher Education Act of 1965 (20
U.S.C. 1087kk).
SEC. 3505. <<NOTE: 20 USC 1001 note.>> FEDERAL WORK-STUDY DURING
A QUALIFYING EMERGENCY.
(a) <<NOTE: Time period.>> In General.--In the event of a
qualifying emergency, an institution of higher education participating
in the program under part C of title IV of the Higher Education Act of
1965 (20 U.S.C. 1087-51 et seq.) may make payments under such part to
affected work-study students, for the period of time (not to exceed one
academic year) in which affected students were unable to fulfill the
students' work-study obligation for all or part of such academic year
due to such qualifying emergency, as follows:
(1) Payments may be made under such part to affected work-
study students in an amount equal to or less than the amount of
wages such students would have been paid under such part had the
students been able to complete the work obligation necessary to
receive work study funds, as a one time grant or as multiple
payments.
(2) Payments shall not be made to any student who was not
eligible for work study or was not completing the work
obligation necessary to receive work study funds under such part
prior to the occurrence of the qualifying emergency.
(3) Any payments made to affected work-study students under
this subsection shall meet the matching requirements of section
443 of the Higher Education Act of 1965 (20 U.S.C. 1087-53),
unless such matching requirements are waived by the Secretary.
(b) Definition of Affected Work-study Student.--In this section, the
term ``affected work-study student'' means a student enrolled at an
eligible institution participating in the program under part C of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.) who--
(1) received a work-study award under section 443 of the
Higher Education Act of 1965 (20 U.S.C. 1087-53) for the
academic year during which a qualifying emergency occurred;
(2) earned Federal work-study wages from such eligible
institution for such academic year; and
(3) was prevented from fulfilling the student's work-study
obligation for all or part of such academic year due to such
qualifying emergency.
[[Page 134 STAT. 398]]
SEC. 3506. <<NOTE: 20 USC 1001 note.>> ADJUSTMENT OF SUBSIDIZED
LOAN USAGE LIMITS.
Notwithstanding section 455(q)(3) of the Higher Education Act of
1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from a
student's period of enrollment for purposes of loans made under part D
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq.) any semester (or the equivalent) that the student does not
complete due to a qualifying emergency, if the Secretary is able to
administer such policy in a manner that limits complexity and the burden
on the student.
SEC. 3507. <<NOTE: 20 USC 1001 note.>> EXCLUSION FROM FEDERAL
PELL GRANT DURATION LIMIT.
The Secretary shall exclude from a student's Federal Pell Grant
duration limit under section 401(c)(5) of the Higher Education Act of
1965 (2 U.S.C. 1070a(c)(5)) any semester (or the equivalent) that the
student does not complete due to a qualifying emergency if the Secretary
is able to administer such policy in a manner that limits complexity and
the burden on the student.
SEC. 3508. <<NOTE: 20 USC 1001 note.>> INSTITUTIONAL REFUNDS AND
FEDERAL STUDENT LOAN FLEXIBILITY.
(a) Institutional Waiver.--
(1) In general.--The Secretary shall waive the institutional
requirement under section 484B of the Higher Education Act of
1965 (20 U.S.C. 1091b) with respect to the amount of grant or
loan assistance (other than assistance received under part C of
title IV of such Act) to be returned under such section if a
recipient of assistance under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.) withdraws from the
institution of higher education during the payment period or
period of enrollment as a result of a qualifying emergency.
(2) <<NOTE: Requirements.>> Waivers.--The Secretary shall
require each institution using a waiver relating to the
withdrawal of recipients under this subsection to report the
number of such recipients, the amount of grant or loan
assistance (other than assistance received under part C of title
IV of such Act) associated with each such recipient, and the
total amount of grant or loan assistance (other than assistance
received under part C of title IV of such Act) for which each
institution has not returned assistance under title IV to the
Secretary.
(b) Student Waiver.--The Secretary shall waive the amounts that
students are required to return under section 484B of the Higher
Education Act of 1965 (20 U.S.C. 1091b) with respect to Federal Pell
Grants or other grant assistance if the withdrawals on which the returns
are based, are withdrawals by students who withdrew from the institution
of higher education as a result of a qualifying emergency.
(c) Canceling Loan Obligation.--Notwithstanding any other provision
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the
Secretary shall cancel the borrower's obligation to repay the entire
portion of a loan made under part D of title IV of such Act (20 U.S.C.
1087a et seq.) associated with a payment period for a recipient of such
loan who withdraws from the institution of higher education during the
payment period as a result of a qualifying emergency.
(d) Approved Leave of Absence.--Notwithstanding any other provision
of the Higher Education Act of 1965 (20 U.S.C. 1001
[[Page 134 STAT. 399]]
et seq.), for purposes of receiving assistance under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of
higher education may, as a result of a qualifying emergency, provide a
student with an approved leave of absence that does not require the
student to return at the same point in the academic program that the
student began the leave of absence if the student returns within the
same semester (or the equivalent).
SEC. 3509. <<NOTE: 20 USC 1001 note.>> SATISFACTORY ACADEMIC
PROGRESS.
Notwithstanding section 484 of the Higher Education Act of 1965 (20
U.S.C. 1091), in determining whether a student is maintaining
satisfactory academic progress for purposes of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher
education may, as a result of a qualifying emergency, exclude from the
quantitative component of the calculation any attempted credits that
were not completed by such student without requiring an appeal by such
student.
SEC. 3510. <<NOTE: 20 USC 1001 note.>> CONTINUING EDUCATION AT
AFFECTED FOREIGN INSTITUTIONS.
(a) In General.--Notwithstanding section 481(b) of the Higher
Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign
institution, in the case of a public health emergency, major disaster or
emergency, or national emergency declared by the applicable government
authorities in the country in which the foreign institution is located,
the Secretary may permit any part of an otherwise eligible program to be
offered via distance education for the duration of such emergency or
disaster and the following payment period for purposes of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(b) <<NOTE: Time periods.>> Eligibility.--An otherwise eligible
program that is offered in whole or in part through distance education
by a foreign institution between March 1, 2020, and the date of
enactment of this Act shall be deemed eligible for the purposes of part
D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq.) for the duration of the qualifying emergency and the following
payment period for purposes of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.). <<NOTE: Reports. Deadlines.>> An
institution of higher education that uses the authority provided in the
previous sentence shall report such use to the Secretary--
(1) for the 2019-2020 award year, not later than June 30,
2020; and
(2) for an award year subsequent to the 2019-2020 award
year, not later than 30 days after such use.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, and every 180 days thereafter for the duration of the
qualifying emergency and the following payment period, the Secretary
shall submit to the authorizing committees (as defined in section 103 of
the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that
identifies each foreign institution that carried out a distance
education program authorized under this section.
(d) Written Arrangements.--
(1) In general.--Notwithstanding section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002), for the duration of a
qualifying emergency and the following payment period, the
Secretary may allow a foreign institution to enter into a
written arrangement with an institution of higher education
located in the United States that participates in the Federal
[[Page 134 STAT. 400]]
Direct Loan Program under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) for the purpose
of allowing a student of the foreign institution who is a
borrower of a loan made under such part to take courses from the
institution of higher education located in the United States.
(2) Form of arrangements.--
(A) Public or other nonprofit institutions.--A
foreign institution that is a public or other nonprofit
institution may enter into a written arrangement under
subsection (a) only with an institution of higher
education described in section 101 of such Act (20
U.S.C. 1001).
(B) Other institutions.--A foreign institution that
is a graduate medical school, nursing school, or a
veterinary school and that is not a public or other
nonprofit institution may enter into a written
arrangement under subsection (a) with an institution of
higher education described in section 101 or section 102
of such Act (20 U.S.C. 1001 and 1002).
(3) <<NOTE: Deadlines.>> Report on use.--An institution of
higher education that uses the authority described in paragraph
(2) shall report such use to the Secretary--
(A) for the 2019-2020 award year, not later than
June 30, 2020; and
(B) for an award year subsequent to the 2019-2020
award year, not later than 30 days after such use.
(4) Report from the secretary.--Not later than 180 days
after the date of enactment of this Act, and every 180 days
thereafter for the duration of the qualifying emergency and the
following payment period, the Secretary shall submit to the
authorizing committees (as defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003)) a report that identifies
each foreign institution that entered into a written arrangement
authorized under subsection (a).
SEC. 3511. <<NOTE: Determinations. 20 USC 7861 note.>> NATIONAL
EMERGENCY EDUCATIONAL WAIVERS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may, upon the request of a State educational agency or Indian
tribe, waive any statutory or regulatory provision described under
paragraphs (1) and (2) of subsection (b), and upon the request of a
local educational agency, waive any statutory or regulatory provision
described under paragraph (2) of subsection (b), if the Secretary
determines that such a waiver is necessary and appropriate due to the
emergency involving Federal primary responsibility determined to exist
by the President under the section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with
respect to the Coronavirus Disease 2019 (COVID-19).
(b) Applicable Provisions of Law.--
(1) Streamlined waivers.--The Secretary shall create an
expedited application process to request a waiver and the
Secretary may waive any statutory or regulatory requirements for
a State educational agency (related to assessments,
accountability, and reporting requirements related to
assessments and accountability), if the Secretary determines
that such a waiver is necessary and appropriate as described in
subsection (a), under the following provisions of law:
[[Page 134 STAT. 401]]
(A) The following provisions under section 1111 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311):
(i) Paragraphs (2) and (3) of subsection (b).
(ii) Subsection (c)(4).
(iii) Subparagraphs (C) and (D) of subsection
(d)(2).
(iv) The following provisions under subsection
(h) of such section 1111:
(I) Clauses (i), (ii), (iii)(I),
(iv), (v), (vi), (vii), and (xi) of
paragraph (1)(C).
(II) Paragraph (2)(C) with respect
to the waived requirements under
subclause (I).
(III) Clauses (i) and (ii) of
paragraph (2)(C).
(B) Section 421(b) of the General Education
Provisions Act (20 U.S.C. 1225(b)).
(2) State and locally-requested waivers.--For a State
educational agency, local educational agency, or Indian tribe
that receives funds under a program authorized under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) that requests a waiver under subsection (c), the
Secretary may waive statutory and regulatory requirements under
any of the following provisions of such Act:
(A) Section 1114(a)(1).
(B) Section 1118(a) and section 8521.
(C) Section 1127.
(D) Section 4106(d).
(E) Subparagraphs (C), (D), and (E) of section
4106(e)(2).
(F) Section 4109(b).
(G) The definition under section 8101(42) for
purposes of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.).
(3) Applicability to charter schools.--Any waivers issued by
the Secretary under this section shall be implemented, as
applicable--
(A) for all public schools, including public charter
schools within the boundaries of the recipient of the
waiver;
(B) in accordance with State charter school law; and
(C) pursuant to section 1111(c)(5) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(c)(5)).
(4) Limitation.--Nothing in this section shall be construed
to allow the Secretary to waive any statutory or regulatory
requirements under applicable civil rights laws.
(5) Accountability and improvement.--Any school located in a
State that receives a waiver under paragraph (1) and that is
identified for comprehensive support and improvement, targeted
support and improvement, or additional targeted support in the
2019-2020 school year under section 1111(c)(4)(D) or section
1111(d)(2) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall maintain that
identification status in the 2020-2021 school year and continue
to receive supports and interventions consistent with the
school's support and improvement plan in the 2020-2021 school
year.
(c) State and Local Requests for Waivers.--
(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a waiver from
[[Page 134 STAT. 402]]
any statutory or regulatory provision described under subsection
(b)(2), may submit a waiver request to the Secretary in
accordance with this subsection.
(2) Requests submitted.--A request for a waiver under this
subsection shall--
(A) identify the Federal programs affected by the
requested waiver;
(B) describe which Federal statutory or regulatory
requirements are to be waived;
(C) describe how the emergency involving Federal
primary responsibility determined to exist by the
President under the section 501(b) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191(b)) with respect to the Coronavirus
Disease 2019 (COVID-19) prevents or otherwise restricts
the ability of the State, State educational agency,
local educational agency, Indian tribe, or school to
comply with such statutory or regulatory requirements;
and
(D) provide an assurance that the State educational
agency, local educational agency, or Indian tribe will
work to mitigate any negative effects, if any, that may
occur as a result of the requested waiver.
(3) Secretary approval.--
(A) <<NOTE: Deadline.>> In general.--Except as
provided under subparagraph (B), the Secretary shall
approve or disapprove a waiver request submitted under
paragraph (1) not more than 30 days after the date on
which such request is submitted.
(B) Exceptions.--The Secretary may disapprove a
waiver request submitted under paragraph (1), only if
the Secretary determines that--
(i) the waiver request does not meet the
requirements of this section;
(ii) the waiver is not permitted pursuant to
subsection (b)(2); or
(iii) the description required under paragraph
(2)(C) provides insufficient information to
demonstrate that the waiving of such requirements
is necessary or appropriate consistent with
subsection (a).
(4) Duration.--A waiver approved by the Secretary under this
section may be for a period not to exceed the 2019-2020 academic
year, except to carry out full implementation of any maintenance
of effort waivers granted during the 2019-2020 academic year.
(d) Reporting and Publication.--
(1) <<NOTE: State and local government. Web posting.>>
Public notice.--A State educational agency, Indian Tribe, or
local educational agency requesting a waiver under subsection
(b)(2) shall provide the public and all local educational
agencies in the State with notice of, and the opportunity to
comment on, the request by posting information regarding the
waiver request and the process for commenting on the State
website.
(2) <<NOTE: Deadline.>> Notifying congress.--Not later than
7 days after granting a waiver under this section, the Secretary
shall notify the Committee on Health, Education, Labor, and
Pensions of the Senate, the Committee on Appropriations of the
Senate,
[[Page 134 STAT. 403]]
the Committee on Education and Labor of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives of such waiver.
(3) <<NOTE: Deadline. Federal
Register, publication. Notice. Web posting.>> Publication.--Not
later than 30 days after granting a waiver under this section,
the Secretary shall publish a notice of the Secretary's decision
(including which waiver was granted and the reason for granting
the waiver) in the Federal Register and on the website of the
Department of Education.
(4) <<NOTE: Recommenda- tions.>> Report.--Not later than 30
days after the date of enactment of this Act, the Secretary
shall prepare and submit a report to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate, and the Committee on Education and
Labor and the Committee on Appropriations of the House of
Representatives, with recommendations on any additional waivers
under the Individuals with Disabilities Education Act (20 U.S.C.
1401 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), and the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) the
Secretary believes are necessary to be enacted into law to
provide limited flexibility to States and local educational
agencies to meet the needs of students during the emergency
involving Federal primary responsibility determined to exist by
the President under section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b))
with respect to the Coronavirus Disease 2019 (COVID-19).
(e) <<NOTE: Definition.>> Terms.--In this section, the term ``State
educational agency'' includes the Bureau of Indian Education, and the
term ``local educational agency'' includes Bureau of Indian Education
funded schools operated pursuant to a grant under the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), or a contract
under the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.).
SEC. 3512. <<NOTE: 20 USC 1001 note.>> HBCU CAPITAL FINANCING.
(a) Deferment Period.--
(1) In general.--Notwithstanding any provision of title III
of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or
any regulation promulgated under such title, the Secretary may
grant a deferment, for the duration of a qualifying emergency,
to an institution that has received a loan under part D of title
III of such Act (20 U.S.C. 1066 et seq.).
(2) Terms.--During the deferment period granted under this
subsection--
(A) the institution shall not be required to pay any
periodic installment of principal or interest required
under the loan agreement for such loan; and
(B) the Secretary shall make principal and interest
payments otherwise due under the loan agreement.
(3) Closing.--At the closing of a loan deferred under this
subsection, terms shall be set under which the institution shall
be required to repay the Secretary for the payments of principal
and interest made by the Secretary during the deferment, on a
schedule that begins upon repayment to the lender in full on the
loan agreement, except in no case shall repayment
[[Page 134 STAT. 404]]
be required to begin before the date that is 1 full fiscal year
after the date that is the end of the qualifying emergency.
(b) Termination Date.--
(1) In general.--The authority provided under this section
to grant a loan deferment under subsection (a) shall terminate
on the date on which the qualifying emergency is no longer in
effect.
(2) Duration.--Any provision of a loan agreement or
insurance agreement modified by the authority under this section
shall remain so modified for the duration of the period covered
by the loan agreement or insurance agreement.
(c) <<NOTE: Time period.>> Report.--Not later than 180 days after
the date of enactment of this Act, and every 180 days thereafter during
the period beginning on the first day of the qualifying emergency and
ending on September 30 of the fiscal year following the end of the
qualifying emergency, the Secretary shall submit to the authorizing
committees (as defined in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003)) a report that identifies each institution that
received assistance under this section.
(d) Funding.--There is hereby appropriated, out of any money in the
Treasury not otherwise appropriated, $62,000,000 to carry out this
section.
SEC. 3513. <<NOTE: 20 USC 1001 note.>> TEMPORARY RELIEF FOR
FEDERAL STUDENT LOAN BORROWERS.
(a) In General.--The Secretary shall suspend all payments due for
loans made under part D and part B (that are held by the Department of
Education) of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.; 1071 et seq.) through September 30, 2020.
(b) No Accrual of Interest.--Notwithstanding any other provision of
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), interest
shall not accrue on a loan described under subsection (a) for which
payment was suspended for the period of the suspension.
(c) Consideration of Payments.--Notwithstanding any other provision
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the
Secretary shall deem each month for which a loan payment was suspended
under this section as if the borrower of the loan had made a payment for
the purpose of any loan forgiveness program or loan rehabilitation
program authorized under part D or B of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) for which the
borrower would have otherwise qualified.
(d) Reporting to Consumer Reporting Agencies.--During the period in
which the Secretary suspends payments on a loan under subsection (a),
the Secretary shall ensure that, for the purpose of reporting
information about the loan to a consumer reporting agency, any payment
that has been suspended is treated as if it were a regularly scheduled
payment made by a borrower.
(e) Suspending Involuntary Collection.--During the period in which
the Secretary suspends payments on a loan under subsection (a), the
Secretary shall suspend all involuntary collection related to the loan,
including--
(1) a wage garnishment authorized under section 488A of the
Higher Education Act of 1965 (20 U.S.C. 1095a) or section 3720D
of title 31, United States Code;
[[Page 134 STAT. 405]]
(2) a reduction of tax refund by amount of debt authorized
under section 3720A of title 31, United States Code, or section
6402(d) of the Internal Revenue Code of 1986;
(3) a reduction of any other Federal benefit payment by
administrative offset authorized under section 3716 of title 31,
United States Code (including a benefit payment due to an
individual under the Social Security Act or any other provision
described in subsection (c)(3)(A)(i) of such section); and
(4) any other involuntary collection activity by the
Secretary.
(f) Waivers.--In carrying out this section, the Secretary may waive
the application of--
(1) subchapter I of chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork Reduction Act'');
(2) the master calendar requirements under section 482 of
the Higher Education Act of 1965 (20 U.S.C. 1089);
(3) negotiated rulemaking under section 492 of the Higher
Education Act of 1965 (20 U.S.C. 1098a); and
(4) <<NOTE: Notices. Deadline.>> the requirement to publish
the notices related to the system of records of the agency
before implementation required under paragraphs (4) and (11) of
section 552a(e) of title 5, United States Code (commonly known
as the ``Privacy Act of 1974''), except that the notices shall
be published not later than 180 days after the date of enactment
of this Act.
(g) Notice to Borrowers and Transition Period.--To inform borrowers
of the actions taken in accordance with this section and ensure an
effective transition, the Secretary shall--
(1) <<NOTE: Deadline.>> not later than 15 days after the
date of enactment of this Act, notify borrowers--
(A) of the actions taken in accordance with
subsections (a) and (b) for whom payments have been
suspended and interest waived;
(B) of the actions taken in accordance with
subsection (e) for whom collections have been suspended;
(C) of the option to continue making payments toward
principal; and
(D) that the program under this section is a
temporary program.
(2) <<NOTE: Effective date.>> beginning on August 1, 2020,
carry out a program to provide not less than 6 notices by postal
mail, telephone, or electronic communication to borrowers
indicating--
(A) when the borrower's normal payment obligations
will resume; and
(B) that the borrower has the option to enroll in
income-driven repayment, including a brief description
of such options.
SEC. 3514. <<NOTE: 42 USC 12501 note.>> PROVISIONS RELATED TO THE
CORPORATION FOR NATIONAL AND COMMUNITY
SERVICE.
(a) Accrual of Service Hours.--
(1) Accrual through other service hours.--
(A) In general.--Notwithstanding any other provision
of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
4950 et seq.) or the National and Community Service Act
of 1990 (42 U.S.C. 12501 et seq.), the Corporation for
National and Community Service shall allow an individual
described in subparagraph (B) to accrue other service
hours
[[Page 134 STAT. 406]]
that will count toward the number of hours needed for
the individual's education award.
(B) <<NOTE: Applicability.>> Affected
individuals.--Subparagraph (A) shall apply to any
individual serving in a position eligible for an
educational award under subtitle D of title I of the
National and Community Service Act of 1990 (42 U.S.C.
12601 et seq.)--
(i) who is performing limited service due to
COVID-19; or
(ii) whose position has been suspended or
placed on hold due to COVID-19.
(2) Provisions in case of early exit.--In any case where an
individual serving in a position eligible for an educational
award under subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.) was required to
exit the position early at the direction of the Corporation for
National and Community Service, the Chief Executive Officer of
the Corporation for National and Community Service may--
(A) deem such individual as having met the
requirements of the position; and
(B) award the individual the full value of the
educational award under such subtitle for which the
individual would otherwise have been eligible.
(b) Availability of Funds.--Notwithstanding any other provision of
law, all funds made available to the Corporation for National and
Community Service under any Act, including the amounts appropriated to
the Corporation under the headings ``operating expenses'', ``salaries
and expenses'', and ``office of the inspector general'' under the
heading ``Corporation for National and Community Service'' under title
IV of Division A of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94), shall remain available for the fiscal year ending
September 30, 2021.
(c) No Required Return of Grant Funds.--Notwithstanding section
129(l)(3)(A)(i) of the National and Community Service Act of 1990 (42
U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer of the
Corporation for National and Community Service may permit fixed-amount
grant recipients under such section 129(l) to maintain a pro rata amount
of grant funds, at the discretion of the Corporation for National and
Community Service, for participants who exited, were suspended, or are
serving in a limited capacity due to COVID-19, to enable the grant
recipients to maintain operations and to accept participants.
(d) <<NOTE: Time period.>> Extension of Terms and Age Limits.--
Notwithstanding any other provision of law, the Corporation for National
and Community Service may extend the term of service (for a period not
to exceed the 1-year period immediately following the end of the
national emergency) or waive any upper age limit (except in no case
shall the maximum age exceed 26 years of age) for national service
programs carried out by the National Civilian Community Corps under
subtitle E of title I of the National and Community Service Act of 1990
(42 U.S.C. 12611 et seq.), and the participants in such programs, for
the purposes of--
(1) addressing disruptions due to COVID-19; and
(2) minimizing the difficulty in returning to full operation
due to COVID-19 on such programs and participants.
[[Page 134 STAT. 407]]
SEC. 3515. <<NOTE: 29 USC 3163 note.>> WORKFORCE RESPONSE
ACTIVITIES.
(a) Administrative Costs.--Notwithstanding section 128(b)(4) of the
Workforce Innovation Opportunity Act (29 U.S.C. 3163(b)(4)), of the
total amount allocated to a local area (including the total amount
allotted to a single State local area) under subtitle B of title I of
such Act (29 U.S.C. 3151 et seq.) for program year 2019, not more than
20 percent of the total amount may be used for the administrative costs
of carrying out local workforce investment activities under chapter 2 or
chapter 3 of subtitle B of title I of such Act, if the portion of the
total amount that exceeds 10 percent of the total amount is used to
respond to a qualifying emergency.
(b) Rapid Response Activities.--
(1) Statewide rapid response.--Of the funds reserved by a
Governor for program year 2019 for statewide activities under
section 128(a) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3163(a)) that remain unobligated, such funds may be
used for statewide rapid response activities as described in
section 134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A)) for
responding to a qualifying emergency.
(2) <<NOTE: Deadline.>> Local boards.--Of the funds
reserved by a Governor for program year 2019 under section
133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that remain
unobligated, such funds may be released within 30 days after the
date of enactment of this Act to the local boards most impacted
by the coronavirus at the determination of the Governor for
rapid response activities related to responding to a qualifying
emergency.
(c) Definitions.--Except as otherwise provided, the terms in this
section have the meanings given the terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
SEC. 3516. TECHNICAL AMENDMENTS.
(a) In General.--
(1) Section 6103(a)(3) of the Internal Revenue Code of 1986,
as amended by the FUTURE Act <<NOTE: 26 USC 6103.>> (Public Law
116-91), is further amended by striking ``(13), (16)'' and
inserting ``(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)''.
(2) Section 6103(p)(3)(A) of such Code, as so amended, is
further amended by striking ``(12),'' and inserting ``(12),
(13)(A), (13)(B), (13)(C), (13)(D)(i)''.
(3) Section 6103(p)(4) of such Code, as so amended, is
further amended by striking ``(13) or (16)'' each place it
appears and inserting ``(13), or (16)''.
(4) Section 6103(p)(4) of such Code, as so amended and as
amended by paragraph (3), is further amended by striking
``(13)'' each place it appears and inserting ``(13)(A), (13)(B),
(13)(C), (13)(D)(i)''.
(5) Section 6103(l)(13)(C)(ii) of such Code, as added by the
FUTURE Act (Public Law 116-91), is amended by striking ``section
236A(e)(4)'' and inserting ``section 263A(e)(4)''.
(b) <<NOTE: 26 USC 6103 note.>> Effective Date.--The amendments
made by this section shall apply as if included in the enactment of the
FUTURE Act (Public Law 116-91).
[[Page 134 STAT. 408]]
SEC. 3517. <<NOTE: 20 USC 1001 note.>> WAIVER AUTHORITY AND
REPORTING REQUIREMENT FOR INSTITUTIONAL
AID.
(a) <<NOTE: Time period.>> Waiver Authority.--Notwithstanding any
other provision of the Higher Education Act of 1965 (U.S.C. 1001 et
seq.), unless enacted with specific reference to this section, for any
institution of higher education that was receiving assistance under
title III, title V, or subpart 4 of part A of title VII of such Act (20
U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a
qualifying emergency, the Secretary may, for the period beginning on the
first day of the qualifying emergency and ending on September 30 of the
fiscal year following the end of the qualifying emergency--
(1) waive--
(A) the eligibility data requirements set forth in
section 391(d) and 521(e) of the Higher Education Act of
1965 (20 U.S.C. 1068(d); 1103(e));
(B) the wait-out period set forth in section 313(d)
of the Higher Education Act of 1965 (20 U.S.C. 1059(d));
(C) the allotment requirements under paragraphs (2)
and (3) of subsection 318(e) of the Higher Education Act
of 1965 (20 U.S.C. 1059e(e)), and the reference to ``the
academic year preceding the beginning of that fiscal
year'' under such section 318(e)(1);
(D) the allotment requirements under subsections
(b), (c), and (g) of section 324 of the Higher Education
Act of 1965 (20 U.S.C. 1063), the reference to ``the end
of the school year preceding the beginning of that
fiscal year'' under such section 324(a), and the
reference to ``the academic year preceding such fiscal
year'' under such section 324(h);
(E) subparagraphs (A), (C), (D), and (E) of section
326(f)(3) of the Higher Education Act of 1965 (20 U.S.C.
1063b(f)(3)), and references to ``previous year'' under
such section 326(f)(3)(B);
(F) subparagraphs (A), (C), (D), and (E) of section
723(f)(3) and subparagraphs (A), (C), (D), and (E) of
section 724(f)(3) of the Higher Education Act of 1965
(20 U.S.C. 1136a(f)(3); 1136b(f)(3)), and references to
``previous academic year'' under subparagraph (B) of
such sections 723(f)(3) and 724(f)(3); and
(G) the allotment restriction set forth in section
318(d)(4) and section 323(c)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1059e(d)(4); 1062(c)(2)); and
(2) <<NOTE: Time period.>> waive or modify any statutory or
regulatory provision to ensure that institutions that were
receiving assistance under title III, title V, or subpart 4 of
part A of title VII of such Act (20 U.S.C. 1051 et seq.; 1101 et
seq.; 1136a et seq.) at the time of a qualifying emergency are
not adversely affected by any formula calculation for fiscal
year 2020 and for the period beginning on the first day of the
qualifying emergency and ending on September 30 of the fiscal
year following the end of the qualifying emergency, as
necessary.
(b) <<NOTE: Time periods.>> Use of Unexpended Funds.--Any funds
paid to an institution under title III, title V, or subpart 4 of part A
of title VII of the Higher Education Act of 1965 (20 U.S.C. 1051 et
seq.; 1101 et seq.; 1136a et seq.) and not expended or used for the
purposes for which the funds were paid to the institution during the 5-
year period following the date on which the funds were first paid
[[Page 134 STAT. 409]]
to the institution, may be carried over and expended during the
succeeding 5-year period.
(c) <<NOTE: Time period.>> Report.--Not later than 180 days after
the date of enactment of this Act, and every 180 days thereafter for the
period beginning on the first day of the qualifying emergency and ending
on September 30 of the fiscal year following the end of the qualifying
emergency, the Secretary shall submit to the authorizing committees (as
defined in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) a report that identifies each institution that received a waiver
or modification under this section.
SEC. 3518. <<NOTE: Time period. 20 USC 1001 note.>> AUTHORIZED
USES AND OTHER MODIFICATIONS FOR GRANTS.
(a) In General.--The Secretary is authorized to modify the required
and allowable uses of funds for grants awarded under part A or B of
title III, chapter I or II of subpart 2 of part A of title IV, title V,
or subpart 4 of part A of title VII of the Higher Education Act of 1965
(20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a-11 et seq.; 1070a-21 et
seq.; 1101 et seq.; 1136a et seq.) to an institution of higher education
or other grant recipient (not including individual recipients of Federal
student financial assistance), at the request of an institution of
higher education or other recipient of a grant (not including individual
recipients of Federal student financial assistance) as a result of a
qualifying emergency, for the period beginning on the first day of the
qualifying emergency and ending on September 30 of the fiscal year
following the end of the qualifying emergency.
(b) Matching Requirement Modifications.--Notwithstanding any other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
the Secretary is authorized to modify any Federal share or other
financial matching requirement for a grant awarded on a competitive
basis or a grant awarded under part A or B of title III or subpart 4 of
part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1057
et seq.; 1060 et seq.; 1136a et seq.) at the request of an institution
of higher education or other grant recipient as a result of a qualifying
emergency, for the period beginning on the first day of the qualifying
emergency and ending on September 30 of the fiscal year following the
end of the qualifying emergency.
(c) Reports.--Not later than 180 days after the date of enactment of
this Act, and every 180 days thereafter for the duration of the period
beginning on the first day of the qualifying emergency and ending on
September 30 of the fiscal year following the end of the qualifying
emergency, the Secretary shall submit to the authorizing committees (as
defined in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) a report that identifies each institution of higher education or
other grant recipient that received a modification under this section.
SEC. 3519. <<NOTE: 20 USC 1001 note.>> SERVICE OBLIGATIONS FOR
TEACHERS.
(a) Teach Grants.--For the purpose of section 420N of the Higher
Education Act of 1965 (20 U.S.C. 1070g-2), during a qualifying
emergency, the Secretary--
(1) may modify the categories of extenuating circumstances
under which a recipient of a grant under subpart 9 of part A of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et
seq.) who is unable to fulfill all or part of the recipient's
[[Page 134 STAT. 410]]
service obligation may be excused from fulfilling that portion
of the service obligation; and
(2) shall consider teaching service that, as a result of a
qualifying emergency, is part-time or temporarily interrupted,
to be full-time service and to fulfill the service obligations
under such section 420N.
(b) <<NOTE: Waiver authority.>> Teacher Loan Forgiveness.--
Notwithstanding section 428J or 460 of the Higher Education Act of 1965
(20 U.S.C. 1078-10; 1087j), the Secretary shall waive the requirements
under such sections that years of teaching service shall be consecutive
if--
(1) the teaching service of a borrower is temporarily
interrupted due to a qualifying emergency; and
(2) after the temporary interruption due to a qualifying
emergency, the borrower resumes teaching service and completes a
total of 5 years of qualifying teaching service under such
sections, including qualifying teaching service performed
before, during, and after such qualifying emergency.
Subtitle C--Labor Provisions
SEC. 3601. LIMITATION ON PAID LEAVE.
Section 110(b)(2)(B) of the Family and Medical Leave Act of 1993 (as
added by the Emergency Family and Medical Leave Expansion
Act) <<NOTE: Ante, p. 191.>> is amended by striking clause (ii) and
inserting the following:
``(ii) Limitation.--An employer shall not be
required to pay more than $200 per day and $10,000
in the aggregate for each employee for paid leave
under this section.''.
SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION.
Section 5102 of the Emergency Paid Sick Leave Act (division E of the
Families First Coronavirus Response Act) <<NOTE: Ante, p. 195.>> is
amended by adding at the end the following:
``(f) Limitations.--An employer shall not be required to pay more
than either--
``(1) $511 per day and $5,110 in the aggregate for each
employee, when the employee is taking leave for a reason
described in paragraph (1), (2), or (3) of section 5102(a); or
``(2) $200 per day and $2,000 in the aggregate for each
employee, when the employee is taking leave for a reason
described in paragraph (4), (5), or (6) of section 5102(a).''.
SEC. 3603. UNEMPLOYMENT INSURANCE.
Section 903(h)(2)(B) of the Social Security Act (42 U.S.C.
1103(h)(2)(B)), as added by section 4102 of the Emergency Unemployment
Insurance Stabilization and Access Act of <<NOTE: Ante, p. 193.>> 2020,
is amended to read as follows:
``(B) The State ensures that applications for
unemployment compensation, and assistance with the
application process, are accessible, to the extent
practicable in at least two of the following: in person,
by phone, or online.''.
SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK LEAVE.
(a) Family and Medical Leave Act of 1993.--Section 110(a) of title I
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) (as
added by division C of the Families First
[[Page 134 STAT. 411]]
Coronavirus Response Act) <<NOTE: Ante, p. 189.>> is amended by adding
at the end the following new paragraph:
``(4) The Director of the Office of Management and Budget
shall have the authority to exclude for good cause from the
requirements under subsection (b) certain employers of the
United States Government with respect to certain categories of
Executive Branch employees.''.
(b) Emergency Paid Sick Leave Act.--The Emergency Paid Sick Leave
Act (division E of the Families First Coronavirus Response Act) is
amended by adding at the end the following new section:
``SEC. 5112. <<NOTE: 29 USC 2601 note.>> AUTHORITY TO EXCLUDE
CERTAIN EMPLOYEES.
``The Director of the Office of Management and Budget shall have the
authority to exclude for good cause from the definition of employee
under section 5110(1) certain employees described in subparagraphs (E)
and (F) of such section, including by exempting certain United States
Government employers covered by section 5110(2)(A)(i)(V) from the
requirements of this title with respect to certain categories of
Executive Branch employees.''.
SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES.
Section 110(a)(1)(A) of the Family and Medical Leave Act of 1993, as
added by section 3102 of the Emergency Family and Medical Leave
Expansion Act <<NOTE: Ante, p. 189.>> , is amended to read as follows:
``(A) <<NOTE: Definitions. Time periods.>> Eligible
employee.--
``(i) In general.--In lieu of the definition
in sections 101(2)(A) and 101(2)(B)(ii), the term
`eligible employee' means an employee who has been
employed for at least 30 calendar days by the
employer with respect to whom leave is requested
under section 102(a)(1)(F).
``(ii) Rule regarding rehired employees.--For
purposes of clause (i), the term `employed for at
least 30 calendar days', used with respect to an
employee and an employer described in clause (i),
includes an employee who was laid off by that
employer not earlier than March 1, 2020, had
worked for the employer for not less than 30 of
the last 60 calendar days prior to the employee's
layoff, and was rehired by the employer.''.
SEC. 3606. ADVANCE REFUNDING OF CREDITS.
(a) Payroll Credit for Required Paid Sick Leave.--Section 7001 of
division G of the Families First Coronavirus Response Act is amended--
<<NOTE: Ante, p. 210.>>
(1) in subsection (b)(4)(A)--
(A) by striking ``(A) In general.--If the amount''
and inserting ``(A)(i) Credit is refundable.--If the
amount''; and
(B) by adding at the end the following:
``(ii) Advancing credit.--In anticipation of
the credit, including the refundable portion under
clause (i), the credit may be advanced, according
to forms and instructions provided by the
Secretary, up to an amount calculated under
subsection (a), subject to the limits under
subsection (b), both calculated through the end of
the most recent payroll period in the quarter.'';
[[Page 134 STAT. 412]]
(2) in subsection (f)--
(A) in paragraph (4), by striking ``, and'' and
inserting a comma;
(B) in paragraph (5), by striking the period at the
end and inserting ``, and''; and
(C) by adding at the end the following:
``(6) regulations or other guidance to permit the
advancement of the credit determined under subsection (a).'';
and
(3) by inserting after subsection (h) the following new
subsection:
``(i) <<NOTE: Waiver authority.>> Treatment of Deposits.--The
Secretary of the Treasury (or the Secretary's delegate) shall waive any
penalty under section 6656 of the Internal Revenue Code of 1986 for any
failure to make a deposit of the tax imposed by section 3111(a) or
3221(a) of such Code if the Secretary determines that such failure was
due to the anticipation of the credit allowed under this section.''.
(b) Payroll Credit for Required Paid Family Leave.--Section 7003 of
division G of the Families First Coronavirus Response Act is amended--
<<NOTE: Ante, p. 214.>>
(1) in subsection (b)(3)--
(A) by striking ``If the amount'' and inserting
``(A) Credit is refundable.--If the amount''; and
(B) by adding at the end the following:
``(B) Advancing credit.--In anticipation of the
credit, including the refundable portion under
subparagraph (A), the credit may be advanced, according
to forms and instructions provided by the Secretary, up
to an amount calculated under subsection (a), subject to
the limits under subsection (b), both calculated through
the end of the most recent payroll period in the
quarter.'';
(2) in subsection (f)--
(A) in paragraph (4), by striking ``, and'' and
inserting a comma;
(B) in paragraph (5), by striking the period at the
end and inserting ``, and''; and
(C) by adding at the end the following:
``(6) regulations or other guidance to permit the
advancement of the credit determined under subsection (a).'';
and
(c) by inserting after subsection (h) the following new subsection:
``(i) <<NOTE: Waiver authority. Determination.>> Treatment of
Deposits.--The Secretary of the Treasury (or the Secretary's delegate)
shall waive any penalty under section 6656 of the Internal Revenue Code
of 1986 for any failure to make a deposit of the tax imposed by section
3111(a) or 3221(a) of such Code if the Secretary determines that such
failure was due to the anticipation of the credit allowed under this
section.''.
SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE CERTAIN
DEADLINES.
Section 518 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1148) is amended by striking ``or a terroristic or military
action (as defined in section 692(c)(2) of such Code), the Secretary
may'' and inserting ``a terroristic or military action (as defined in
section 692(c)(2) of such Code), or a public health emergency declared
by the Secretary of Health and Human Services pursuant to section 319 of
the Public Health Service Act, the Secretary may''.
[[Page 134 STAT. 413]]
SEC. 3608. <<NOTE: 26 USC 430 note.>> SINGLE-EMPLOYER PLAN
FUNDING RULES.
(a) Delay in Payment of Minimum Required Contributions.--In the case
of any minimum required contribution (as determined under section 430(a)
of the Internal Revenue Code of 1986 and section 303(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1083(a))) which (but
for this section) would otherwise be due under section 430(j) of such
Code (including quarterly contributions under paragraph (3) thereof) and
section 303(j) of such Act (29 U.S.C. 1083(j)) (including quarterly
contributions under paragraph (3) thereof) during calendar year 2020--
(1) the due date for such contributions shall be January 1,
2021, and
(2) the amount of each such minimum required contribution
shall be increased by interest accruing for the period between
the original due date (without regard to this section) for the
contribution and the payment date, at the effective rate of
interest for the plan for the plan year which includes such
payment date.
(b) Benefit Restriction Status.--For purposes of section 436 of the
Internal Revenue Code of 1986 and section 206(g) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)), a plan
sponsor may elect to treat the plan's adjusted funding target attainment
percentage for the last plan year ending before January 1, 2020, as the
adjusted funding target attainment percentage for plan years which
include calendar year 2020.
SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER CHARITY
PENSION PLAN RULES TO CERTAIN CHARITABLE
EMPLOYERS WHOSE PRIMARY EXEMPT PURPOSE
IS PROVIDING SERVICES WITH RESPECT TO
MOTHERS AND CHILDREN.
(a) Employee Retirement Income Security Act of 1974.--Section
210(f)(1) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1060(f)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph
(C)(iv) and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) that, as of January 1, 2000, was maintained by
an employer--
``(i) described in section 501(c)(3) of the
Internal Revenue Code of 1986,
``(ii) who has been in existence since at
least 1938,
``(iii) who conducts medical research directly
or indirectly through grant making, and
``(iv) whose primary exempt purpose is to
provide services with respect to mothers and
children.''.
(b) Internal Revenue Code of 1986.--Section 414(y)(1) of the
Internal Revenue Code of 1986 <<NOTE: 26 USC 414.>> is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph
(C)(iv) and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) that, as of January 1, 2000, was maintained by
an employer--
[[Page 134 STAT. 414]]
``(i) described in section 501(c)(3),
``(ii) who has been in existence since at
least 1938,
``(iii) who conducts medical research directly
or indirectly through grant making, and
``(iv) whose primary exempt purpose is to
provide services with respect to mothers and
children.''.
(c) <<NOTE: 26 USC 414 note.>> Effective Date.--The amendments made
by this section shall apply to plan years beginning after December 31,
2018.
SEC. 3610. <<NOTE: 41 USC 6301 note prec.>> FEDERAL CONTRACTOR
AUTHORITY.
Notwithstanding any other provision of law, and subject to the
availability of appropriations, funds made available to an agency by
this Act or any other Act may be used by such agency to modify the terms
and conditions of a contract, or other agreement, without consideration,
to reimburse at the minimum applicable contract billing rates not to
exceed an average of 40 hours per week any paid leave, including sick
leave, a contractor provides to keep its employees or subcontractors in
a ready state, including to protect the life and safety of Government
and contractor personnel, but in no event beyond September 30,
2020. <<NOTE: Applicability.>> Such authority shall apply only to a
contractor whose employees or subcontractors cannot perform work on a
site that has been approved by the Federal Government, including a
federally-owned or leased facility or site, due to facility closures or
other restrictions, and who cannot telework because their job duties
cannot be performed remotely during the public health emergency declared
on January 31, 2020 for COVID-19: Provided, <<NOTE: Reimbursement.>>
That the maximum reimbursement authorized by this section shall be
reduced by the amount of credit a contractor is allowed pursuant to
division G of Public Law 116-127 and any applicable credits a contractor
is allowed under this Act.
SEC. 3611. TECHNICAL CORRECTIONS.
(1) Section 110(a)(3) of the Family and Medical Leave Act of
1993 (as added by the Emergency and Medical Leave Expansion
Act) <<NOTE: Ante, p. 190.>> is amended by striking
``553(d)(A)'' and inserting ``553(d)(3)''.
(2) Section 5111 of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus <<NOTE: Ante, p.
201.>> Response Act) is amended by striking ``553(d)(A)'' and
inserting ``553(d)(3)''.
(3) Section 110(c) of the Family and Medical Leave Act of
1993 (as added by the Emergency and Medical Leave Expansion Act)
is amended by striking ``subsection (a)(2)(A)(iii)'' and
inserting ``subsection (a)(2)(A)''.
(4) Section 3104 of the Emergency Family and Medical Leave
Expansion Act (division C of the Families First Coronavirus
Response Act) <<NOTE: Ante, p. 192.>> is amended--
(A) by striking ``110(a)(B)'' and inserting
``section 110(a)(1)(B) of the Family and Medical Leave
Act of 1993''; and
(B) by striking ``section 107(a) for a violation of
section 102(a)(1)(F) if the employer does not meet the
definition of employer set forth in Section
101(4)(A)(i)'' and inserting ``section 107(a) of such
Act for a violation of section 102(a)(1)(F) of such Act
if the employer does not meet the definition of employer
set forth in section 101(4)(A)(i) of such Act''.
[[Page 134 STAT. 415]]
(5) Section 5110(1) of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus
Response <<NOTE: Ante, p. 198.>> Act) is amended--
(A) in the matter preceding subparagraph (A), by
striking ``terms'' and inserting ``term''; and
(B) in subparagraph (A)(i), by striking ``paragraph
(5)(A)'' and inserting ``paragraph (2)(A)''.
(6) Section 5110(2)(B)(ii) of the Emergency Paid Sick Leave
Act (division E of the Families First Coronavirus Response Act)
is amended by striking ``clause (i)(IV)'' and inserting ``clause
(i)(III)''.
(7) Section 110(a)(3) of the Family and Medical Leave Act of
1993 (as added by the Emergency and Medical Leave Expansion
Act) <<NOTE: Ante, p. 190.>> is amended--
(A) by striking ``and'' after the semicolon at the
end of subparagraph (A);
(B) by striking the period at end of subparagraph
(B) and inserting ``; and''; and
(C) by adding at the end the following:
``(C) as necessary to carry out the purposes of this
Act, including to ensure consistency between this Act
and Division E and Division G of the Families First
Coronavirus Response Act.''.
(8) Section 5104(1) of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus
Response <<NOTE: Ante, p. 197.>> Act) is amended by striking
``and'' after the semicolon and inserting ``or''.
(9) Section 5105 of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus
Response <<NOTE: Ante, p. 197.>> Act) is amended by adding at
the end the following:
``(c) Investigations and Collection of Data.--The Secretary of Labor
or his designee may investigate and gather data to ensure compliance
with this Act in the same manner as authorized by sections 9 and 11 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 209; 211).''.
Subtitle D--Finance Committee
SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES.
(a) In General.--Paragraph (2) of section 223(c) of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 223.>> is amended by adding at the
end the following new subparagraph:
``(E) Safe harbor for absence of deductible for
telehealth.--In the case of plan years beginning on or
before December 31, 2021, a plan shall not fail to be
treated as a high deductible health plan by reason of
failing to have a deductible for telehealth and other
remote care services.''.
(b) Certain Coverage Disregarded.--Clause (ii) of section
223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking
``or long-term care'' and inserting ``long-term care, or (in the case of
plan years beginning on or before December 31, 2021) telehealth and
other remote care''.
(c) <<NOTE: 26 USC 223 note.>> Effective Date.--The amendments made
by this section shall take effect on the date of the enactment of this
Act.
[[Page 134 STAT. 416]]
SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER MEDICAL PRODUCTS
AS QUALIFIED MEDICAL EXPENSES.
(a) HSAs.--Section 223(d)(2) of the Internal Revenue Code of 1986
is <<NOTE: 26 USC 223.>> amended--
(1) by striking the last sentence of subparagraph (A) and
inserting the following: ``For purposes of this subparagraph,
amounts paid for menstrual care products shall be treated as
paid for medical care.''; and
(2) by adding at the end the following new subparagraph:
``(D) <<NOTE: Definition.>> Menstrual care
product.--For purposes of this paragraph, the term
`menstrual care product' means a tampon, pad, liner,
cup, sponge, or similar product used by individuals with
respect to menstruation or other genital-tract
secretions.''.
(b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by
striking the last sentence and inserting the following: ``For purposes
of this subparagraph, amounts paid for menstrual care products (as
defined in section 223(d)(2)(D)) shall be treated as paid for medical
care.''.
(c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of such Code is amended by striking
subsection (f) and inserting the following new subsection:
``(f) Reimbursements for Menstrual Care Products.--For purposes of
this section and section 105, expenses incurred for menstrual care
products (as defined in section 223(d)(2)(D)) shall be treated as
incurred for medical care.''.
(d) <<NOTE: Applicability.>> Effective Dates.--
(1) <<NOTE: 26 USC 220 note.>> Distributions from savings
accounts.--The amendment made by subsections (a) and (b) shall
apply to amounts paid after December 31, 2019.
(2) <<NOTE: 26 USC 106 note.>> Reimbursements.--The
amendment made by subsection (c) shall apply to expenses
incurred after December 31, 2019.
SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES DURING
EMERGENCY PERIOD.
Section 1135 of the Social Security Act (42 U.S.C. 1320b-5) is
amended--
(1) in subsection (b)(8), by striking ``to an individual by
a qualified provider (as defined in subsection (g)(3))'' and all
that follows through the period and inserting ``, the
requirements of section 1834(m).''; and
(2) in subsection (g), by striking paragraph (3).
SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FEDERALLY
QUALIFIED HEALTH CENTERS AND RURAL
HEALTH CLINICS DURING EMERGENCY PERIOD.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in the first sentence of paragraph (1), by striking
``The Secretary'' and inserting ``Subject to paragraph (8), the
Secretary'';
(2) in paragraph (2)(A), by striking ``The Secretary'' and
inserting ``Subject to paragraph (8), the Secretary'';
(3) in paragraph (4)--
[[Page 134 STAT. 417]]
(A) in subparagraph (A), by striking ``The term''
and inserting ``Subject to paragraph (8), the term'';
and
(B) in subparagraph (F)(i), by striking ``The term''
and inserting ``Subject to paragraph (8), the term'';
and
(4) by adding at the end the following new paragraph:
``(8) Enhancing telehealth services for federally qualified
health centers and rural health clinics during emergency
period.--
``(A) In general.--During the emergency period
described in section 1135(g)(1)(B)--
``(i) the Secretary shall pay for telehealth
services that are furnished via a
telecommunications system by a Federally qualified
health center or a rural health clinic to an
eligible telehealth individual enrolled under this
part notwithstanding that the Federally qualified
health center or rural clinic providing the
telehealth service is not at the same location as
the beneficiary;
``(ii) the amount of payment to a Federally
qualified health center or rural health clinic
that serves as a distant site for such a
telehealth service shall be determined under
subparagraph (B); and
``(iii) <<NOTE: Definitions.>> for purposes
of this subsection--
``(I) the term `distant site'
includes a Federally qualified health
center or rural health clinic that
furnishes a telehealth service to an
eligible telehealth individual; and
``(II) the term `telehealth
services' includes a rural health clinic
service or Federally qualified health
center service that is furnished using
telehealth to the extent that payment
codes corresponding to services
identified by the Secretary under clause
(i) or (ii) of paragraph (4)(F) are
listed on the corresponding claim for
such rural health clinic service or
Federally qualified health center
service.
``(B) Special payment rule.--
``(i) In general.--The Secretary shall develop
and implement payment methods that apply under
this subsection to a Federally qualified health
center or rural health clinic that serves as a
distant site that furnishes a telehealth service
to an eligible telehealth individual during such
emergency period. Such payment methods shall be
based on payment rates that are similar to the
national average payment rates for comparable
telehealth services under the physician fee
schedule under section 1848. Notwithstanding any
other provision of law, the Secretary may
implement such payment methods through program
instruction or otherwise.
``(ii) Exclusion from fqhc pps calculation and
rhc air calculation.--Costs associated with
telehealth services shall not be used to determine
the amount of payment for Federally qualified
health center services under the prospective
payment system under section 1834(o) or for rural
health clinic services under the methodology for
all-inclusive rates (established by the Secretary)
under section 1833(a)(3).''.
[[Page 134 STAT. 418]]
SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR FACE-TO-FACE VISITS
BETWEEN HOME DIALYSIS PATIENTS AND
PHYSICIANS.
Section 1881(b)(3)(B) of the Social Security Act (42 U.S.C.
1395rr(b)(3)(B)) is amended--
(1) in clause (i), by striking ``clause (ii)'' and inserting
``clauses (ii) and (iii)'';
(2) in clause (ii), in the matter preceding subclause (I),
by striking ``Clause (i)'' and inserting ``Except as provided in
clause (iii), clause (i)''; and
(3) by adding at the end the following new clause:
``(iii) The Secretary may waive the provisions
of clause (ii) during the emergency period
described in section 1135(g)(1)(B).''.
SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER
PRIOR TO RECERTIFICATION OF ELIGIBILITY
FOR HOSPICE CARE DURING EMERGENCY
PERIOD.
Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C.
1395f(a)(7(D)(i)) is amended--
(1) by striking ``a hospice'' and inserting ``(I) subject to
subclause (II), a hospice''; and
(2) by inserting after subclause (I), as added by paragraph
(1), the following new subclause:
``(II) <<NOTE: Determination.>> during the
emergency period described in section
1135(g)(1)(B), a hospice physician or nurse
practitioner may conduct a face-to-face encounter
required under this clause via telehealth, as
determined appropriate by the Secretary; and''.
SEC. 3707. <<NOTE: 42 USC 1395m note.>> ENCOURAGING USE OF
TELECOMMUNICATIONS SYSTEMS FOR HOME
HEALTH SERVICES FURNISHED DURING
EMERGENCY PERIOD.
With respect to home health services (as defined in section 1861(m)
of the Social Security Act (42 U.S.C. 1395x(m)) that are furnished
during the emergency period described in section 1135(g)(1)(B) of such
Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and Human
Services shall consider ways to encourage the use of telecommunications
systems, including for remote patient monitoring as described in section
409.46(e) of title 42, Code of Federal Regulations (or any successor
regulations) and other communications or monitoring services, consistent
with the plan of care for the individual, including by clarifying
guidance and conducting outreach, as appropriate.
SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH
SERVICES.
(a) Part A Provisions.--Section 1814(a) of the Social Security Act
(42 U.S.C. 1395f(a)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``, a nurse practitioner or clinical nurse
specialist (as such terms are defined in section
1861(aa)(5)) who is working in accordance with State
law, or a physician assistant (as defined in section
1861(aa)(5)) who is working in accordance with State
law, who is'' after ``in the case of services described
in subparagraph (C), a physician''; and
[[Page 134 STAT. 419]]
(B) in subparagraph (C)--
(i) by inserting ``, a nurse practitioner, a
clinical nurse specialist, or a physician
assistant (as the case may be)'' after
``physician'' the first 2 times it appears; and
(ii) <<NOTE: Deadline.>> by striking ``, and,
in the case of a certification made by a
physician'' and all that follows through ``face-
to-face encounter'' and inserting ``, and, in the
case of a certification made by a physician after
January 1, 2010, or by a nurse practitioner,
clinical nurse specialist, or physician assistant
(as the case may be) after a date specified by the
Secretary (but in no case later than the date that
is 6 months after the date of the enactment of the
CARES Act), prior to making such certification a
physician, nurse practitioner, clinical nurse
specialist, or physician assistant must document
that a physician, nurse practitioner, clinical
nurse specialist, certified nurse-midwife (as
defined in section 1861(gg)) as authorized by
State law, or physician assistant has had a face-
to-face encounter'';
(2) in the third sentence--
(A) by striking ``physician certification'' and
inserting ``certification'';
(B) <<NOTE: Regulations. Effective date.>> by
inserting ``(or in the case of regulations to implement
the amendments made by section 3708 of the CARES Act,
the Secretary shall prescribe regulations, which shall
become effective no later than 6 months after the date
of the enactment of such Act)'' after ``1981''; and
(C) by striking ``a physician who'' and inserting
``a physician, nurse practitioner, clinical nurse
specialist, or physician assistant who'';
(3) in the fourth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, or physician
assistant'' after ``physician''; and
(4) in the fifth sentence--
(A) by inserting ``or no later than 6 months after
the date of the enactment of the CARES Act for purposes
of documentation for certification and recertification
made under paragraph (2) by a nurse practitioner,
clinical nurse specialist, or physician assistant,''
after ``January 1, 2019''; and
(B) by inserting ``, nurse practitioner, clinical
nurse specialist, or physician assistant'' after ``of
the physician''.
(b) Part B Provisions.--Section 1835(a) of the Social Security Act
(42 U.S.C. 1395n(a)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``, a nurse practitioner or clinical nurse
specialist (as those terms are defined in section
1861(aa)(5)) who is working in accordance with State
law, or a physician assistant (as defined in section
1861(aa)(5)) who is working in accordance with State
law, who is'' after ``in the case of services described
in subparagraph (A), a physician''; and
(B) in subparagraph (A)--
[[Page 134 STAT. 420]]
(i) in each of clauses (ii) and (iii) of
subparagraph (A) by inserting ``, a nurse
practitioner, a clinical nurse specialist, or a
physician assistant (as the case may be)'' after
``physician''; and
(ii) <<NOTE: Deadline.>> in clause (iv), by
striking ``after January 1, 2010'' and all that
follows through ``face-to-face encounter'' and
inserting ``made by a physician after January 1,
2010, or by a nurse practitioner, clinical nurse
specialist, or physician assistant (as the case
may be) after a date specified by the Secretary
(but in no case later than the date that is 6
months after the date of the enactment of the
CARES Act), prior to making such certification a
physician, nurse practitioner, clinical nurse
specialist, or physician assistant must document
that a physician, nurse practitioner, clinical
nurse specialist, certified nurse-midwife (as
defined in section 1861(gg)) as authorized by
State law, or physician assistant has had a face-
to-face encounter'';
(2) in the third sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, or physician assistant
(as the case may be)'' after physician;
(3) in the fourth sentence--
(A) by striking ``physician certification'' and
inserting ``certification'';
(B) <<NOTE: Regulations. Effective date.>> by
inserting ``(or in the case of regulations to implement
the amendments made by section 3708 of the CARES Act the
Secretary shall prescribe regulations which shall become
effective no later than 6 months after the enactment of
such Act)'' after ``1981''; and
(C) by striking ``a physician who'' and inserting
``a physician, nurse practitioner, clinical nurse
specialist, or physician assistant who'';
(4) in the fifth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, or physician
assistant'' after ``physician''; and
(5) in the sixth sentence--
(A) by inserting ``or no later than 6 months after
the date of the enactment of the CARES Act for purposes
of documentation for certification and recertification
made under paragraph (2) by a nurse practitioner,
clinical nurse specialist, or physician assistant,''
after ``January 1, 2019''; and
(B) by inserting ``, nurse practitioner, clinical
nurse specialist, or physician assistant'' after ``of
the physician''.
(c) Definition Provisions.--
(1) Home health services.--Section 1861(m) of the Social
Security Act (42 U.S.C. 1395x(m)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, a nurse practitioner or a
clinical nurse specialist (as those terms are
defined in subsection (aa)(5)), or a physician
assistant (as defined in subsection (aa)(5))''
after ``physician'' the first place it appears;
and
(ii) by inserting ``, a nurse practitioner, a
clinical nurse specialist, or a physician
assistant'' after ``physician'' the second place
it appears; and
[[Page 134 STAT. 421]]
(B) in paragraph (3), by inserting ``, a nurse
practitioner, a clinical nurse specialist, or a
physician assistant'' after ``physician''.
(2) Home health agency.--Section 1861(o)(2) of the Social
Security Act (42 U.S.C. 1395x(o)(2)) is amended--
(A) by inserting ``, nurse practitioners or clinical
nurse specialists (as those terms are defined in
subsection (aa)(5)), certified nurse-midwives (as
defined in subsection (gg)), or physician assistants (as
defined in subsection (aa)(5))'' after ``physicians'';
and
(B) by inserting ``, nurse practitioner, clinical
nurse specialist, certified nurse-midwife, physician
assistant,'' after ``physician''.
(3) Covered osteoporosis drug.--Section 1861(kk)(1) of the
Social Security Act (42 U.S.C. 1395x(kk)(1)) is amended by
inserting ``, nurse practitioner or clinical nurse specialist
(as those terms are defined in subsection (aa)(5)), certified
nurse-midwife (as defined in subsection (gg)), or physician
assistant (as defined in subsection (aa)(5))'' after ``attending
physician''.
(d) Home Health Prospective Payment System Provisions.--Section 1895
of the Social Security Act (42 U.S.C. 1395fff) is amended--
(1) in subsection (c)(1)--
(A) by striking ``(provided under section
1842(r))''; and
(B) by inserting ``the nurse practitioner or
clinical nurse specialist (as those terms are defined in
section 1861(aa)(5)), or the physician assistant (as
defined in section 1861(aa)(5))'' after ``physician'';
and
(2) in subsection (e)--
(A) in paragraph (1)(A), by inserting ``a nurse
practitioner or clinical nurse specialist, or a
physician assistant'' after ``physician''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``Physician
certification'' and inserting ``Rule of
construction regarding requirement for
certification''; and
(ii) by striking ``physician''.
(e) <<NOTE: 42 USC 1395f note.>> Application to Medicaid.--The
amendments made under this section shall apply under title XIX of the
Social Security Act in the same manner and to the same extent as such
requirements apply under title XVIII of such Act or regulations
promulgated thereunder.
(f) <<NOTE: Regulations. 42 USC 1395f note.>> Effective Date.--The
Secretary of Health and Human Services shall prescribe regulations to
apply the amendments made by this section to items and services
furnished, which shall become effective no later than 6 months after the
date of the enactment of this legislation. The Secretary shall
promulgate an interim final rule if necessary, to comply with the
required effective date.
SEC. 3709. <<NOTE: 2 USC 901a note.>> ADJUSTMENT OF
SEQUESTRATION.
(a) <<NOTE: Time period.>> Temporary Suspension of Medicare
Sequestration.--During the period beginning on May 1, 2020 and ending on
December 31, 2020, the Medicare programs under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) shall be exempt from reduction
under any sequestration order issued before, on, or after the date of
enactment of this Act.
[[Page 134 STAT. 422]]
(b) Extension of Direct Spending Reductions Through Fiscal Year
2030.--Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (B), in the matter preceding clause (i),
by striking ``through 2029'' and inserting ``through 2030''; and
(2) in subparagraph (C), in the matter preceding clause (i),
by striking ``fiscal year 2029'' and inserting ``fiscal year
2030''.
SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT SYSTEM
ADD-ON PAYMENT FOR COVID-19 PATIENTS
DURING EMERGENCY PERIOD.
(a) In General.--Section 1886(d)(4)(C) of the Social Security Act
(42 U.S.C. 1395ww(d)(4)(C)) is amended by adding at the end the
following new clause:
``(iv)(I) For discharges occurring during the emergency period
described in section 1135(g)(1)(B), in the case of a discharge of an
individual diagnosed with COVID-19, the Secretary shall increase the
weighting factor that would otherwise apply to the diagnosis-related
group to which the discharge is assigned by 20 percent. The Secretary
shall identify a discharge of such an individual through the use of
diagnosis codes, condition codes, or other such means as may be
necessary.
``(II) Any adjustment under subclause (I) shall not be taken into
account in applying budget neutrality under clause (iii)
``(III) In the case of a State for which the Secretary has waived
all or part of this section under the authority of section 1115A,
nothing in this section shall preclude such State from implementing an
adjustment similar to the adjustment under subclause (I).''.
(b) <<NOTE: 42 USC 1395ww note.>> Implementation.--Notwithstanding
any other provision of law, the Secretary may implement the amendment
made by subsection (a) by program instruction or otherwise.
SEC. 3711. <<NOTE: 42 USC 1395ww note.>> INCREASING ACCESS TO
POST-ACUTE CARE DURING EMERGENCY PERIOD.
(a) Waiver of IRF 3-hour Rule.--With respect to inpatient
rehabilitation services furnished by a rehabilitation facility described
in section 1886(j)(1) of the Social Security Act (42 U.S.C.
1395ww(j)(1)) during the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)),
the Secretary of Health and Human Services shall waive section
412.622(a)(3)(ii) of title 42, Code of Federal Regulations (or any
successor regulations), relating to the requirement that patients of an
inpatient rehabilitation facility receive at least 15 hours of therapy
per week.
(b) Waiver of Site-neutral Payment Rate Provisions for Long-term
Care Hospitals.--With respect to inpatient hospital services furnished
by a long-term care hospital described in section 1886(d)(1)(B)(iv) of
the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) during the
emergency period described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and
Human Services shall waive the following provisions of section
1886(m)(6) of such Act (42 U.S.C. 1395ww(m)(6)):
(1) LTCH 50-percent rule.--Subparagraph (C)(ii) of such
section, relating to the payment adjustment for long-term care
[[Page 134 STAT. 423]]
hospitals that do not have a discharge payment percentage for
the period that is at least 50 percent.
(2) Site-neutral ipps payment rate.--Subparagraph (A)(i) of
such section, relating to the application of the site-neutral
payment rate (and payment shall be made to a long-term care
hospital without regard to such section) for a discharge if the
admission occurs during such emergency period and is in response
to the public health emergency described in such section
1135(g)(1)(B).
SEC. 3712. <<NOTE: 42 USC 1395m note.>> REVISING PAYMENT RATES
FOR DURABLE MEDICAL EQUIPMENT UNDER THE
MEDICARE PROGRAM THROUGH DURATION OF
EMERGENCY PERIOD.
(a) Rural and Noncontiguous Areas.--The Secretary of Health and
Human Services shall implement section 414.210(g)(9)(iii) of title 42,
Code of Federal Regulations (or any successor regulation), to apply the
transition rule described in such section to all applicable items and
services furnished in rural areas and noncontiguous areas (as such terms
are defined for purposes of such section) as planned through December
31, 2020, and through the duration of the emergency period described in
section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)), if longer.
(b) Areas Other Than Rural and Noncontiguous Areas.--With
respect <<NOTE: Effective date. Applicability.>> to items and services
furnished on or after the date that is 30 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
apply section 414.210(g)(9)(iv) of title 42, Code of Federal Regulations
(or any successor regulation), as if the reference to ``dates of service
from June 1, 2018 through December 31, 2020, based on the fee schedule
amount for the area is equal to 100 percent of the adjusted payment
amount established under this section'' were instead a reference to
``dates of service from March 6, 2020, through the remainder of the
duration of the emergency period described in section 1135(g)(1)(B) of
the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), based on the fee
schedule amount for the area is equal to 75 percent of the adjusted
payment amount established under this section and 25 percent of the
unadjusted fee schedule amount''.
SEC. 3713. COVERAGE OF THE COVID-19 VACCINE UNDER PART B OF THE
MEDICARE PROGRAM WITHOUT ANY COST-
SHARING.
(a) Medical and Other Health Services.--Section 1861(s)(10)(A) of
the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended by
inserting ``, and COVID-19 vaccine and its administration'' after
``influenza vaccine and its administration''.
(b) Part B Deductible.--The first sentence of section 1833(b) of the
Social Security Act (42 U.S.C. 1395l(b)) is amended--
(1) in paragraph (10), by striking ``and'' at the end; and
(2) in paragraph (11), by striking the period at the end and
inserting ``, and (12) such deductible shall not apply with
respect a COVID-19 vaccine and its administration described in
section 1861(s)(10)(A).''.
(c) Medicare Advantage.--Section 1852(a)(1)(B) of the Social
Security Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended--
(1) in clause (iv)--
(A) by redesignating subclause (VI) as subclause
(VII); and
[[Page 134 STAT. 424]]
(B) by inserting after subclause (V) the following
new subclause:
``(VI) A COVID-19 vaccine and its
administration described in section
1861(s)(10)(A).''; and
(2) in clause (v), by striking ``subclauses (IV) and (V)''
inserting ``subclauses (IV), (V), and (VI)''.
(d) <<NOTE: Applicability. 42 USC 1395l note.>> Effective Date.--
The amendments made by this section shall take effect on the date of
enactment of this Act and shall apply with respect to a COVID-19 vaccine
beginning on the date that such vaccine is licensed under section 351 of
the Public Health Service Act (42 U.S.C. 262).
(e) <<NOTE: 42 USC 1395l note.>> Implementation.--Notwithstanding
any other provision of law, the Secretary may implement the provisions
of, and the amendments made by, this section by program instruction or
otherwise.
SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD
PLANS TO ALLOW DURING THE COVID-19
EMERGENCY PERIOD FOR FILLS AND REFILLS
OF COVERED PART D DRUGS FOR UP TO A 3-
MONTH SUPPLY.
(a) In General.--Section 1860D-4(b) of the Social Security Act (42
U.S.C. 1395w-104(b)) is amended by adding at the end the following new
paragraph:
``(4) Ensuring access during covid-19 public health
emergency period.--
``(A) In general.--During the emergency period
described in section 1135(g)(1)(B), subject to
subparagraph (B), a prescription drug plan or MA-PD plan
shall, notwithstanding any cost and utilization
management, medication therapy management, or other such
programs under this part, permit a part D eligible
individual enrolled in such plan to obtain in a single
fill or refill, at the option of such individual, the
total day supply (not to exceed a 90-day supply)
prescribed for such individual for a covered part D
drug.
``(B) Safety edit exception.--A prescription drug
plan or MA-PD plan may not permit a part D eligible
individual to obtain a single fill or refill
inconsistent with an applicable safety edit.''.
(b) <<NOTE: 42 USC 1395w-104 note.>> Implementation.--
Notwithstanding any other provision of law, the Secretary of Health and
Human Services may implement the amendment made by this section by
program instruction or otherwise.
SEC. 3715. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN ACUTE
CARE HOSPITALS.
Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) is
amended--
(1) by inserting ``(1)'' after ``(h)'';
(2) by inserting ``, home and community-based services
provided under subsection (c), (d), or (i) of section 1915 or
under a waiver or demonstration project under section 1115,
self-directed personal assistance services provided pursuant to
a written plan of care under section 1915(j), and home and
community-based attendant services and supports under section
1915(k)'' before the period; and
(3) by adding at the end the following:
[[Page 134 STAT. 425]]
``(2) Nothing in this title, title XVIII, or title XI shall be
construed as prohibiting receipt of any care or services specified in
paragraph (1) in an acute care hospital that are--
``(A) identified in an individual's person-centered service
plan (or comparable plan of care);
``(B) provided to meet needs of the individual that are not
met through the provision of hospital services;
``(C) not a substitute for services that the hospital is
obligated to provide through its conditions of participation or
under Federal or State law, or under another applicable
requirement; and
``(D) designed to ensure smooth transitions between acute
care settings and home and community-based settings, and to
preserve the individual's functional abilities.''.
SEC. 3716. CLARIFICATION REGARDING UNINSURED INDIVIDUALS.
Subsection (ss) of section 1902 of the Social Security Act (42
U.S.C. 1396a), as added by section 6004(a)(3)(C) of the Families First
Coronavirus Response Act, is amended--
(1) in paragraph (1), by inserting ``(excluding subclause
(VIII) of such subsection if the individual is a resident of a
State which does not furnish medical assistance to individuals
described in such subclause)'' before the semicolon; and
(2) in paragraph (2), by inserting ``, except that
individuals who are eligible for medical assistance under
subsection (a)(10)(A)(ii)(XII), subsection
(a)(10)(A)(ii)(XVIII), subsection (a)(10)(A)(ii)(XXI), or
subsection (a)(10)(C) (but only to the extent such an individual
is considered to not have minimum essential coverage under
section 5000A(f)(1) of the Internal Revenue Code of 1986), or
who are described in subsection (l)(1)(A) and are eligible for
medical assistance only because of subsection (a)(10)(A)(i)(IV)
or (a)(10)(A)(ii)(IX) and whose eligibility for such assistance
is limited by the State under clause (VII) in the matter
following subsection (a)(10)(G), shall not be treated as
enrolled in a Federal health care program for purposes of this
paragraph'' before the period at the end.
SEC. 3717. CLARIFICATION REGARDING COVERAGE OF COVID-19 TESTING
PRODUCTS.
Subparagraph (B) of section 1905(a)(3) of the Social Security Act
(42 U.S.C. 1396d(a)(3)), as added by section 6004(a)(1)(C) of the
Families First Coronavirus Response Act (Public Law 116-127),
is <<NOTE: Ante, p. 204.>> amended by striking ``that are approved,
cleared, or authorized under section 510(k), 513, 515 or 564 of the
Federal Food, Drug, and Cosmetic Act''.
SEC. 3718. AMENDMENTS RELATING TO REPORTING REQUIREMENTS WITH
RESPECT TO CLINICAL DIAGNOSTIC
LABORATORY TESTS.
(a) Revised Reporting Period for Reporting of Private Sector Payment
Rates for Establishment of Medicare Payment Rates.--Section
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B))
is amended--
(1) in clause (i), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''; and
(2) in clause (ii)--
(A) by striking ``January 1, 2021'' and inserting
``January 1, 2022''; and
[[Page 134 STAT. 426]]
(B) by striking ``March 31, 2021'' and inserting
``March 31, 2022''.
(b) Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security Act (42
U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``through 2023'' and
inserting ``through 2024''; and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iii);
(C) by inserting after clause (i) the following new
clause:
``(ii) for 2021, 0 percent; and''; and
(D) in clause (iii), as redesignated by subparagraph
(B), by striking ``2021 through 2023'' and inserting
``2022 through 2024''.
SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL ACCELERATED PAYMENT
PROGRAM DURING THE COVID-19 PUBLIC
HEALTH EMERGENCY.
Section 1815 of the Social Security Act (42 U.S.C. 1395g) is
amended--
(1) in subsection (e)(3), by striking ``In the case'' and
inserting ``Subject to subsection (f), in the case''; and
(2) by adding at the end the following new subsection:
``(f)(1) During the emergency period described in section
1135(g)(1)(B), the Secretary shall expand the program under subsection
(e)(3) pursuant to paragraph (2).
``(2) <<NOTE: Applicability.>> In expanding the program under
subsection (e)(3), the following shall apply:
``(A)(i) In addition to the hospitals described in
subsection (e)(3), the following hospitals shall be eligible to
participate in the program:
``(I) Hospitals described in clause (iii) of section
1886(d)(1)(B).
``(II) Hospitals described in clause (v) of such
section.
``(III) Critical access hospitals (as defined in
section 1861(mm)(1)).
``(ii) Subject to appropriate safeguards against fraud,
waste, and abuse, upon a request of a hospital described in
clause (i), the Secretary shall provide accelerated payments
under the program to such hospital.
``(B) Upon the request of the hospital, the Secretary may do
any of the following:
``(i) Make accelerated payments on a periodic or
lump sum basis.
``(ii) Increase the amount of payment that would
otherwise be made to hospitals under the program up to
100 percent (or, in the case of critical access
hospitals, up to 125 percent).
``(iii) <<NOTE: Time period.>> Extend the period
that accelerated payments cover so that it covers up to
a 6-month period.
``(C) <<NOTE: Time periods.>> Upon the request of the
hospital, the Secretary shall do the following:
``(i) Provide up to 120 days before claims are
offset to recoup the accelerated payment.
[[Page 134 STAT. 427]]
``(ii) Allow not less than 12 months from the date
of the first accelerated payment before requiring that
the outstanding balance be paid in full.
``(3) Nothing in this subsection shall preclude the Secretary from
carrying out the provisions described in clauses (i), (ii), and (iii) of
paragraph (2)(B) and clauses (i) and (ii) of paragraph (2)(C) under the
program under subsection (e)(3) after the period for which this
subsection applies.
``(4) Notwithstanding any other provision of law, the Secretary may
implement the provisions of this subsection by program instruction or
otherwise.''.
SEC. 3720. DELAYING REQUIREMENTS FOR ENHANCED FMAP TO ENABLE STATE
LEGISLATION NECESSARY FOR COMPLIANCE.
Section 6008 of the Families First Coronavirus
Response <<NOTE: Ante, p. 208.>> Act is amended by adding at the end
the following new subsection:
``(d) <<NOTE: Time period. Effective date.>> Delay in Application
of Premium Requirement.--During the 30 day period beginning on the date
of enactment of this Act, a State shall not be ineligible for the
increase to the Federal medical assistance percentage of the State
described in subsection (a) on the basis that the State imposes a
premium that violates the requirement of subsection (b)(2) if such
premium was in effect on the date of enactment of this Act.''.
Subtitle E--Health and Human Services Extenders
PART I--MEDICARE PROVISIONS
SEC. 3801. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``May 23, 2020'' and inserting
``December 1, 2020''.
SEC. 3802. <<NOTE: Time period.>> EXTENSION OF FUNDING FOR
QUALITY MEASURE ENDORSEMENT, INPUT, AND
SELECTION.
(a) In General.--Section 1890(d)(2) of the Social Security Act (42
U.S.C. 1395aaa(d)(2)) is amended--
(1) in the first sentence, by striking ``and $4,830,000 for
the period beginning on October 1, 2019, and ending on May 22,
2020'' and inserting ``$20,000,000 for fiscal year 2020, and for
the period beginning on October 1, 2020, and ending on November
30, 2020, the amount equal to the pro rata portion of the amount
appropriated for such period for fiscal year 2020''; and
(2) in the third sentence, by striking ``and 2019 and for
the period beginning on October 1, 2019, and ending on May 22,
2020'' and inserting ``, 2019, and 2020, and for the period
beginning on October 1, 2020, and ending on November 30,
2020,''.
(b) <<NOTE: 42 USC 1395aaa note.>> Effective Date.--The amendments
made by subsection (a) shall take effect as if included in the enactment
of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94).
[[Page 134 STAT. 428]]
SEC. <<NOTE: Time period.>> 3803. EXTENSION OF FUNDING OUTREACH
AND ASSISTANCE FOR LOW-INCOME PROGRAMS.
(a) Funding Extensions.--
(1) Additional funding for state health insurance
programs.--Subsection (a)(1)(B) of section 119 of the Medicare
Improvements for Patients and Providers Act of 2008 (42 U.S.C.
1395b-3 note), as amended by section 3306 of the Patient
Protection and Affordable Care Act (Public Law 111-148), section
610 of the American Taxpayer Relief Act of 2012 (Public Law 112-
240), section 1110 of the Pathway for SGR Reform Act of 2013
(Public Law 113-67), section 110 of the Protecting Access to
Medicare Act of 2014 (Public Law 113-93), section 208 of the
Medicare Access and CHIP Reauthorization Act of 2015 (Public Law
114-10), section 50207 of division E of the Bipartisan Budget
Act of 2018 (Public Law 115-123), section 1402 of division B of
the Continuing Appropriations Act, 2020, and Health Extenders
Act of 2019 (Public Law 116-59), section 1402 of division B of
the Further Continuing Appropriations Act, 2020, and Further
Health Extenders Act of 2019 (Public Law 116-69), and section
103 of division N of the Further Consolidated Appropriations
Act, 2020 (Public Law 116-94) is amended by striking clauses (x)
through (xii) and inserting the following new clauses:
``(x) for fiscal year 2020, of $13,000,000;
and
``(xi) for the period beginning on October 1,
2020, and ending on November 30, 2020, the amount
equal to the pro rata portion of the amount
appropriated for such period for fiscal year
2020.''.
(2) Additional funding for area agencies on aging.--
Subsection (b)(1)(B) of such section 119, as so amended, is
amended by striking clauses (x) through (xii) and inserting the
following new clauses:
``(x) for fiscal year 2020, of $7,500,000; and
``(xi) for the period beginning on October 1,
2020, and ending on November 30, 2020, the amount
equal to the pro rata portion of the amount
appropriated for such period for fiscal year
2020.''.
(3) Additional funding for aging and disability resource
centers.--Subsection (c)(1)(B) of such section 119, as so
amended, is amended by striking clauses (x) through (xii) and
inserting the following new clauses:
``(x) for fiscal year 2020, of $5,000,000; and
``(xi) for the period beginning on October 1,
2020, and ending on November 30, 2020, the amount
equal to the pro rata portion of the amount
appropriated for such period for fiscal year
2020.''.
(4) Additional funding for contract with the national center
for benefits and outreach enrollment.--Subsection (d)(2) of such
section 119, as so amended, is amended by striking clauses (x)
through (xii) and inserting the following new clauses:
``(x) for fiscal year 2020, of $12,000,000;
and
``(xi) for the period beginning on October 1,
2020, and ending on November 30, 2020, the amount
equal to the pro rata portion of the amount
appropriated for such period for fiscal year
2020.''.
[[Page 134 STAT. 429]]
(b) <<NOTE: 42 USC 1395b-3 note.>> Effective Date.--The amendments
made by subsection (a) shall take effect as if included in the enactment
of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94).
PART II--MEDICAID PROVISIONS
SEC. 3811. <<NOTE: Time period.>> EXTENSION OF THE MONEY FOLLOWS
THE PERSON REBALANCING DEMONSTRATION
PROGRAM.
Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C.
1396a note) is amended--
(1) in paragraph (1), by striking subparagraph (G) and
inserting the following:
``(G) subject to paragraph (3), $337,500,000 for the
period beginning on January 1, 2020, and ending on
September 30, 2020; and
``(H) subject to paragraph (3), for the period
beginning on October 1, 2020, and ending on November 30,
2020, the amount equal to the pro rata portion of the
amount appropriated for such period for fiscal year
2020.''; and
(2) in paragraph (3), by striking ``and (G)'' and inserting
``, (G), and (H)''.
SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C.
1396r-5 note) is amended by striking ``May 22, 2020'' and inserting
``November 30, 2020''.
(b) <<NOTE: 42 USC 1396a note.>> Rule of Construction.--Nothing in
section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section
1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17),
1396r-5) shall be construed as prohibiting a State from--
(1) applying an income or resource disregard under a
methodology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))--
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act
(42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a
disregard of the income or resources of such
individual's spouse); or
(B) on the basis of an individual's need for home
and community-based services authorized under subsection
(c), (d), (i), or (k) of section 1915 of such Act (42
U.S.C. 1396n) or under section 1115 of such Act (42
U.S.C. 1315); or
(2) disregarding an individual's spousal income and assets
under a plan amendment to provide medical assistance for home
and community-based services for individuals by reason of being
determined eligible under section 1902(a)(10)(C) of such Act (42
U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such
Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
reduction of income based on costs incurred for medical or other
remedial care under which the State disregarded the income and
assets of the individual's spouse in determining the initial and
ongoing financial eligibility of an individual for such services
in place of the spousal impoverishment provisions applied under
section 1924 of such Act (42 U.S.C. 1396r-5).
SEC. 3813. DELAY OF DSH REDUCTIONS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended--
[[Page 134 STAT. 430]]
(1) in clause (i), in the matter preceding subclause (I), by
striking ``May 23, 2020, and ending September 30, 2020, and for
each of fiscal years 2021'' and inserting ``December 1, 2020,
and ending September 30, 2021, and for each of fiscal years
2022''; and
(2) in clause (ii)--
(A) in subclause (I), by striking ``May 23, 2020,
and ending September 30, 2020'' and inserting ``December
1, 2020, and ending September 30, 2021''; and
(B) in subclause (II), by striking ``2021'' and
inserting ``2022''.
SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY MENTAL HEALTH
SERVICES DEMONSTRATION PROGRAM.
(a) In General.--Section 223(d) of the Protecting Access to Medicare
Act of 2014 (42 U.S.C. 1396a note) is amended--
(1) in paragraph (3)--
(A) by striking ``Not more than'' and inserting
``Subject to paragraph (8), not more than''; and
(B) by striking ``May 22, 2020'' and inserting
``November 30, 2020''; and
(2) by adding at the end the following new paragraph:
``(8) Additional programs.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 6 months after the date of enactment of this
paragraph, in addition to the 8 States selected under
paragraph (1), the Secretary shall select 2 States to
participate in 2-year demonstration programs that meet
the requirements of this subsection.
``(B) Selection of states.--
``(i) In general.--Subject to clause (ii), in
selecting States under this paragraph, the
Secretary--
``(I) shall select States that--
``(aa) were awarded planning
grants under subsection (c); and
``(bb) applied to
participate in the demonstration
programs under this subsection
under paragraph (1) but, as of
the date of enactment of this
paragraph, were not selected to
participate under paragraph (1);
and
``(II) shall use the results of the
Secretary's evaluation of each State's
application under paragraph (1) to
determine which States to select, and
shall not require the submission of any
additional application.
``(C) Requirements for selected states.--Prior to
services being delivered under the demonstration
authority in a State selected under this paragraph, the
State shall--
``(i) <<NOTE: Plan.>> submit a plan to
monitor certified community behavioral health
clinics under the demonstration program to ensure
compliance with certified community behavioral
health criteria during the demonstration period;
and
``(ii) <<NOTE: Data. Notification.>> commit
to collecting data, notifying the Secretary of any
planned changes that would deviate from the
prospective payment system methodology outlined in
the State's demonstration application, and
obtaining
[[Page 134 STAT. 431]]
approval from the Secretary for any such change
before implementing the change.''.
(b) Limitation.--Section 223(d)(5) of the Protecting Access to
Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
(1) in subparagraph (B), in the matter preceding clause (i),
by striking ``The Federal matching'' and inserting ``Subject to
subparagraph (C)(iii), the Federal matching''; and
(2) in subparagraph (C), by adding at the end the following
new clause:
``(iii) Payments for amounts expended after
2019.--The Federal matching percentage applicable
under subparagraph (B) to amounts expended by a
State participating in the demonstration program
under this subsection shall--
``(I) <<NOTE: Effective date. Time
period.>> in the case of a State
participating in the demonstration
program as of January 1, 2020, apply to
amounts expended by the State during the
8 fiscal quarter period (or any portion
of such period) that begins on January
1, 2020; and
``(II) in the case of a State
selected to participate in the
demonstration program under paragraph
(8), during first 8 fiscal quarter
period (or any portion of such period)
that the State participates in a
demonstration program.''.
(c) GAO Study and Report on the Community and Mental Health Services
Demonstration Program.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Finance of the
Senate a report on the community and mental health services
demonstration program conducted under section 223 of the
Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note)
(referred to in this subsection as the ``demonstration
program'').
(2) Content of report.--The report required under paragraph
(1) shall include the following information:
(A) Information on States' experiences participating
in the demonstration program, including the extent to
which States--
(i) measure the effects of access to certified
community behavioral health clinics on patient
health and cost of care, including--
(I) engagement in treatment for
behavioral health conditions;
(II) relevant clinical outcomes, to
the extent collected;
(III) screening and treatment for
comorbid medical conditions; and
(IV) use of crisis stabilization,
emergency department, and inpatient
care.
(B) Information on Federal efforts to evaluate the
demonstration program, including--
(i) quality measures used to evaluate the
program;
(ii) assistance provided to States on data
collection and reporting;
[[Page 134 STAT. 432]]
(iii) <<NOTE: Assessments.>> assessments of
the reliability and usefulness of State-submitted
data; and
(iv) the extent to which such efforts provide
information on the relative quality, scope, and
cost of services as compared with services not
provided under the demonstration program, and in
comparison to Medicaid beneficiaries with mental
illness and substance use disorders not served
under the demonstration program.
(C) <<NOTE: Recommenda- tions.>> Recommendations
for improvements to the following:
(i) The reporting, accuracy, and validation of
encounter data.
(ii) Accuracy in payments to certified
community behavioral health clinics under State
plans or waivers under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
PART III--HUMAN SERVICES AND OTHER HEALTH PROGRAMS
SEC. 3821. <<NOTE: Time period.>> EXTENSION OF SEXUAL RISK
AVOIDANCE EDUCATION PROGRAM.
Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by striking ``and 2019 and for the period
beginning October 1, 2019, and ending May 22,
2020'' and inserting ``through 2020 and for the
period beginning October 1, 2020, and ending
November 30, 2020''; and
(ii) by striking ``fiscal year 2020'' and
inserting ``fiscal year 2021''
(B) in paragraph (2)(A)--
(i) by striking ``and 2019 and for the period
beginning October 1, 2019, and ending May 22,
2020'' and inserting ``through 2020 and for the
period beginning October 1, 2020, and ending
November 30, 2020''; and
(ii) by striking ``fiscal year 2020'' and
inserting ``fiscal year 2021''; and
(2) in subsection (f)(1), by striking ``and 2019 and
$48,287,671 for the period beginning October 1, 2019, and ending
May 22, 2020'' and inserting ``through 2020, and for the period
beginning on October 1, 2020, and ending on November 30, 2020,
the amount equal to the pro rata portion of the amount
appropriated for such period for fiscal year 2020''.
SEC. 3822. <<NOTE: Time periods.>> EXTENSION OF PERSONAL
RESPONSIBILITY EDUCATION PROGRAM.
Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
[[Page 134 STAT. 433]]
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``2019 and for
the period beginning October 1, 2019, and ending
May 22, 2020'' and inserting ``2020 and for the
period beginning October 1, 2020, and ending
November 30, 2020''; and
(ii) in subparagraph (B)(i), by striking by
striking ``October 1, 2019, and ending May 22,
2020'' and inserting ``October 1, 2020, and ending
November 30, 2020'';
(2) in paragraph (4)(A), by striking ``2019'' each place it
appears and inserting ``2020''; and
(3) in subsection (f), by striking ``2019 and $48,287,671
for the period beginning October 1, 2019, and ending May 22,
2020'' and inserting ``2020, and for the period beginning on
October 1, 2020, and ending on November 30, 2020, the amount
equal to the pro rata portion of the amount appropriated for
such period for fiscal year 2020''.
SEC. 3823. <<NOTE: 42 USC 1397g note.>> EXTENSION OF
DEMONSTRATION PROJECTS TO ADDRESS HEALTH
PROFESSIONS WORKFORCE NEEDS.
Activities authorized by section 2008 of the Social Security Act
shall continue through November 30, 2020, in the manner authorized for
fiscal year 2019, and out of any money in the Treasury of the United
States not otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose. Grants and payments may be
made pursuant to this authority through the date so specified at the pro
rata portion of the total amount authorized for such activities in
fiscal year 2019.
SEC. 3824. <<NOTE: 42 USC 601 note.>> EXTENSION OF THE TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES PROGRAM
AND RELATED PROGRAMS.
Activities authorized by part A of title IV and section 1108(b) of
the Social Security Act shall continue through November 30, 2020, in the
manner authorized for fiscal year 2019, and out of any money in the
Treasury of the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such purpose.
PART IV--PUBLIC HEALTH PROVISIONS
SEC. 3831. <<NOTE: Time periods.>> EXTENSION FOR COMMUNITY HEALTH
CENTERS, THE NATIONAL HEALTH SERVICE
CORPS, AND TEACHING HEALTH CENTERS THAT
OPERATE GME PROGRAMS.
(a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient
Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is
amended by striking ``and $2,575,342,466 for the period beginning on
October 1, 2019, and ending on May 22, 2020'' and inserting
``$4,000,000,000 for fiscal year 2020, and $668,493,151 for the period
beginning on October 1, 2020, and ending on November 30, 2020''.
(b) National Health Service Corps.--Section 10503(b)(2) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)) is
amended--
(1) in subparagraph (F), by striking ``and'' at the end; and
(2) by striking subparagraph (G) and inserting the
following:
[[Page 134 STAT. 434]]
``(G) $310,000,000 for fiscal year 2020; and
``(H) $51,808,219 for the period beginning on
October 1, 2020, and ending on November 30, 2020.''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g)(1) of the Public Health Service Act (42
U.S.C. 256h(g)(1)) is amended by striking ``and 2019, and $81,445,205
for the period beginning on October 1, 2019, and ending on May 22,
2020'' and inserting ``through fiscal year 2020, and $21,141,096 for the
period beginning on October 1, 2020, and ending on November 30, 2020''.
(d) Application of Provisions.--Amounts appropriated pursuant to the
amendments made by this section for fiscal year 2020 and for the period
beginning on October 1, 2020, and ending on November 30, 2020, shall be
subject to the requirements contained in Public Law 116-94 for funds for
programs authorized under sections 330 through 340 of the Public Health
Service Act (42 U.S.C. 254 through 256).
(e) Conforming Amendment.--Paragraph (4) of section 3014(h) of title
18, United States Code, as amended by section 401(e) of division N of
Public Law 116-94, is amended by striking ``section 401(d) of division N
of the Further Consolidated Appropriations Act, 2020'' and inserting
``section 3831 of the CARES Act''.
SEC. 3832. <<NOTE: Time period.>> DIABETES PROGRAMS.
(a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act
(42 U.S.C. 254c-2(b)(2)(D)) is amended by striking ``and 2019, and
$96,575,342 for the period beginning on October 1, 2019, and ending on
May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the
period beginning on October 1, 2020, and ending on November 30, 2020''.
(b) Indians.--Section 330C(c)(2)(D) of the Public Health Service Act
(42 U.S.C. 254c-3(c)(2)(D)) is amended by striking ``and 2019, and
$96,575,342 for the period beginning on October 1, 2019, and ending on
May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the
period beginning on October 1, 2020, and ending on November 30, 2020''.
PART V--MISCELLANEOUS PROVISIONS
SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS FOR FISCAL YEAR
2020.
Expenditures made under any provision of law amended in this title
pursuant to the amendments made by the Continuing Appropriations Act,
2020, and Health Extenders Act of 2019 (Public Law 116-59), the Further
Continuing Appropriations Act, 2020, and Further Health Extenders Act of
2019 (Public Law 116-69), and the Further Consolidated Appropriations
Act, 2020 (Public Law 116-94) for fiscal year 2020 shall be charged to
the applicable appropriation or authorization provided by the amendments
made by this title to such provision of law for such fiscal year.
[[Page 134 STAT. 435]]
Subtitle F--Over-the-Counter Drugs
PART I--OTC DRUG REVIEW
SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT ARE
MARKETED WITHOUT AN APPROVED DRUG
APPLICATION.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 505F of such Act (21 U.S.C.
355g) the following:
``SEC. 505G. <<NOTE: 21 USC 355h.>> REGULATION OF CERTAIN
NONPRESCRIPTION DRUGS THAT ARE MARKETED
WITHOUT AN APPROVED DRUG APPLICATION.
``(a) Nonprescription Drugs Marketed Without an Approved
Application.--Nonprescription drugs marketed without an approved drug
application under section 505, as of the date of the enactment of this
section, shall be treated in accordance with this subsection.
``(1) Drugs subject to a final monograph; category i drugs
subject to a tentative final monograph.--A drug is deemed to be
generally recognized as safe and effective under section
201(p)(1), not a new drug under section 201(p), and not subject
to section 503(b)(1), if--
``(A) the drug is--
``(i) in conformity with the requirements for
nonprescription use of a final monograph issued
under part 330 of title 21, Code of Federal
Regulations (except as provided in paragraph (2)),
the general requirements for nonprescription
drugs, and conditions or requirements under
subsections (b), (c), and (k); and
``(ii) except as permitted by an order issued
under subsection (b) or, in the case of a minor
change in the drug, in conformity with an order
issued under subsection (c), in a dosage form
that, immediately prior to the date of the
enactment of this section, has been used to a
material extent and for a material time under
section 201(p)(2); or
``(B) the drug is--
``(i) classified in category I for safety and
effectiveness under a tentative final monograph
that is the most recently applicable proposal or
determination issued under part 330 of title 21,
Code of Federal Regulations;
``(ii) in conformity with the proposed
requirements for nonprescription use of such
tentative final monograph, any applicable
subsequent determination by the Secretary, the
general requirements for nonprescription drugs,
and conditions or requirements under subsections
(b), (c), and (k); and
``(iii) except as permitted by an order issued
under subsection (b) or, in the case of a minor
change in the drug, in conformity with an order
issued under subsection (c), in a dosage form
that, immediately prior to the date of the
enactment of this section, has been used to a
material extent and for a material time under
section 201(p)(2).
[[Page 134 STAT. 436]]
``(2) Treatment of sunscreen drugs.--With respect to
sunscreen drugs subject to this section, the applicable
requirements in terms of conformity with a final monograph, for
purposes of paragraph (1)(A)(i), shall be the requirements
specified in part 352 of title 21, Code of Federal Regulations,
as published on May 21, 1999, beginning on page 27687 of volume
64 of the Federal Register, except that the applicable
requirements governing effectiveness and labeling shall be those
specified in section 201.327 of title 21, Code of Federal
Regulations.
``(3) Category iii drugs subject to a tentative final
monograph; category i drugs subject to proposed monograph or
advance notice of proposed rulemaking.--A drug that is not
described in paragraph (1), (2), or (4) is not required to be
the subject of an application approved under section 505, and is
not subject to section 503(b)(1), if--
``(A) the drug is--
``(i) classified in category III for safety or
effectiveness in the preamble of a proposed rule
establishing a tentative final monograph that is
the most recently applicable proposal or
determination for such drug issued under part 330
of title 21, Code of Federal Regulations;
``(ii) in conformity with--
``(I) the conditions of use,
including indication and dosage
strength, if any, described for such
category III drug in such preamble or in
an applicable subsequent proposed rule;
``(II) the proposed requirements for
drugs classified in such tentative final
monograph in category I in the most
recently proposed rule establishing
requirements related to such tentative
final monograph and in any final rule
establishing requirements that are
applicable to the drug; and
``(III) the general requirements for
nonprescription drugs and conditions or
requirements under subsection (b) or
(k); and
``(iii) in a dosage form that, immediately
prior to the date of the enactment of this
section, had been used to a material extent and
for a material time under section 201(p)(2); or
``(B) the drug is--
``(i) classified in category I for safety and
effectiveness under a proposed monograph or
advance notice of proposed rulemaking that is the
most recently applicable proposal or determination
for such drug issued under part 330 of title 21,
Code of Federal Regulations;
``(ii) in conformity with the requirements for
nonprescription use of such proposed monograph or
advance notice of proposed rulemaking, any
applicable subsequent determination by the
Secretary, the general requirements for
nonprescription drugs, and conditions or
requirements under subsection (b) or (k); and
``(iii) in a dosage form that, immediately
prior to the date of the enactment of this
section, has been used to a material extent and
for a material time under section 201(p)(2).
[[Page 134 STAT. 437]]
``(4) <<NOTE: Effective date. Determination.>> Category ii
drugs deemed new drugs.--A drug that is classified in category
II for safety or effectiveness under a tentative final monograph
or that is subject to a determination to be not generally
recognized as safe and effective in a proposed rule that is the
most recently applicable proposal issued under part 330 of title
21, Code of Federal Regulations, shall be deemed to be a new
drug under section 201(p), misbranded under section 502(ee), and
subject to the requirement for an approved new drug application
under section 505 beginning on the day that is 180 calendar days
after the date of the enactment of this section, unless, before
such day, the Secretary determines that it is in the interest of
public health to extend the period during which the drug may be
marketed without such an approved new drug application.
``(5) Drugs not grase deemed new drugs.--A drug that the
Secretary has determined not to be generally recognized as safe
and effective under section 201(p)(1) under a final
determination issued under part 330 of title 21, Code of Federal
Regulations, shall be deemed to be a new drug under section
201(p), misbranded under section 502(ee), and subject to the
requirement for an approved new drug application under section
505.
``(6) Other drugs deemed new drugs.--Except as provided in
subsection (m), a drug is deemed to be a new drug under section
201(p) and misbranded under section 502(ee) if the drug--
``(A) is not subject to section 503(b)(1); and
``(B) is not described in paragraph (1), (2), (3),
(4), or (5), or subsection (b)(1)(B).
``(b) Administrative Orders.--
``(1) In general.--
``(A) Determination.--The Secretary may, on the
initiative of the Secretary or at the request of one or
more requestors, issue an administrative order
determining whether there are conditions under which a
specific drug, a class of drugs, or a combination of
drugs, is determined to be--
``(i) not subject to section 503(b)(1); and
``(ii) generally recognized as safe and
effective under section 201(p)(1).
``(B) Effect.--A drug or combination of drugs shall
be deemed to not require approval under section 505 if
such drug or combination of drugs--
``(i) is determined by the Secretary to meet
the conditions specified in clauses (i) and (ii)
of subparagraph (A);
``(ii) is marketed in conformity with an
administrative order under this subsection;
``(iii) meets the general requirements for
nonprescription drugs; and
``(iv) meets the requirements under
subsections (c) and (k).
``(C) Standard.--The Secretary shall find that a
drug is not generally recognized as safe and effective
under section 201(p)(1) if--
[[Page 134 STAT. 438]]
``(i) the evidence shows that the drug is not
generally recognized as safe and effective under
section 201(p)(1); or
``(ii) the evidence is inadequate to show that
the drug is generally recognized as safe and
effective under section 201(p)(1).
``(2) Administrative orders initiated by the secretary.--
``(A) In general.--In issuing an administrative
order under paragraph (1) upon the Secretary's
initiative, the Secretary shall--
``(i) <<NOTE: Notification. Deadline.>> make
reasonable efforts to notify informally, not later
than 2 business days before the issuance of the
proposed order, the sponsors of drugs who have a
listing in effect under section 510(j) for the
drugs or combination of drugs that will be subject
to the administrative order;
``(ii) after any such reasonable efforts of
notification--
``(I) <<NOTE: Web posting.>> issue
a proposed administrative order by
publishing it on the website of the Food
and Drug Administration and include in
such order the reasons for the issuance
of such order; and
``(II) <<NOTE: Notice. Federal
Register, publication. Public
comment. Time period.>> publish a
notice of availability of such proposed
order in the Federal Register;
``(iii) except as provided in subparagraph
(B), provide for a public comment period with
respect to such proposed order of not less than 45
calendar days; and
``(iv) <<NOTE: Determination.>> if, after
completion of the proceedings specified in clauses
(i) through (iii), the Secretary determines that
it is appropriate to issue a final administrative
order--
``(I) issue the final administrative
order, together with a detailed
statement of reasons, which order shall
not take effect until the time for
requesting judicial review under
paragraph (3)(D)(ii) has expired;
``(II) <<NOTE: Notice. Federal
Register, publication. Deadlines.>>
publish a notice of such final
administrative order in the Federal
Register;
``(III) afford requestors of drugs
that will be subject to such order the
opportunity for formal dispute
resolution up to the level of the
Director of the Center for Drug
Evaluation and Research, which initially
must be requested within 45 calendar
days of the issuance of the order, and,
for subsequent levels of appeal, within
30 calendar days of the prior decision;
and
``(IV) except with respect to drugs
described in paragraph (3)(B), upon
completion of the formal dispute
resolution procedure, inform the persons
which sought such dispute resolution of
their right to request a hearing.
``(B) Exceptions.--When issuing an administrative
order under paragraph (1) on the Secretary's initiative
proposing to determine that a drug described in
subsection (a)(3) is not generally recognized as safe
and effective under
[[Page 134 STAT. 439]]
section 201(p)(1), the Secretary shall follow the
procedures in subparagraph (A), except that--
``(i) <<NOTE: Notice.>> the proposed order
shall include notice of--
``(I) the general categories of data
the Secretary has determined necessary
to establish that the drug is generally
recognized as safe and effective under
section 201(p)(1); and
``(II) the format for submissions by
interested persons;
``(ii) <<NOTE: Public comment. Time period.>>
the Secretary shall provide for a public comment
period of no less than 180 calendar days with
respect to such proposed order, except when the
Secretary determines, for good cause, that a
shorter period is in the interest of public
health; and
``(iii) <<NOTE: Certification.>> any person
who submits data in such comment period shall
include a certification that the person has
submitted all evidence created, obtained, or
received by that person that is both within the
categories of data identified in the proposed
order and relevant to a determination as to
whether the drug is generally recognized as safe
and effective under section 201(p)(1).
``(3) Hearings; judicial review.--
``(A) In general.--Only a person who participated in
each stage of formal dispute resolution under subclause
(III) of paragraph (2)(A)(iv) of an administrative order
with respect to a drug may request a hearing concerning
a final administrative order issued under such paragraph
with respect to such drug. <<NOTE: Deadline.>> If a
hearing is sought, such person must submit a request for
a hearing, which shall be based solely on information in
the administrative record, to the Secretary not later
than 30 calendar days after receiving notice of the
final decision of the formal dispute resolution
procedure.
``(B) No hearing required with respect to orders
relating to certain drugs.--
``(i) In general.--The Secretary shall not be
required to provide notice and an opportunity for
a hearing pursuant to paragraph (2)(A)(iv) if the
final administrative order involved relates to a
drug--
``(I) that is described in
subsection (a)(3)(A); and
``(II) with respect to which no
human or non-human data studies relevant
to the safety or effectiveness of such
drug have been submitted to the
administrative record since the issuance
of the most recent tentative final
monograph relating to such drug.
``(ii) Human data studies and non-human data
defined.--In this subparagraph:
``(I) The term `human data studies'
means clinical trials of safety or
effectiveness (including actual use
studies), pharmacokinetics studies, or
bioavailability studies.
``(II) The term `non-human data'
means data from testing other than with
human subjects which
[[Page 134 STAT. 440]]
provides information concerning safety
or effectiveness.
``(C) Hearing procedures.--
``(i) <<NOTE: Determination.>> Denial of
request for hearing.--If the Secretary determines
that information submitted in a request for a
hearing under subparagraph (A) with respect to a
final administrative order issued under paragraph
(2)(A)(iv) does not identify the existence of a
genuine and substantial question of material fact,
the Secretary may deny such request. In making
such a determination, the Secretary may consider
only information and data that are based on
relevant and reliable scientific principles and
methodologies.
``(ii) Single hearing for multiple related
requests.--If more than one request for a hearing
is submitted with respect to the same
administrative order under subparagraph (A), the
Secretary may direct that a single hearing be
conducted in which all persons whose hearing
requests were granted may participate.
``(iii) Presiding officer.--The presiding
officer of a hearing requested under subparagraph
(A) shall--
``(I) <<NOTE: Designation.>> be
designated by the Secretary;
``(II) not be an employee of the
Center for Drug Evaluation and Research;
and
``(III) not have been previously
involved in the development of the
administrative order involved or
proceedings relating to that
administrative order.
``(iv) Rights of parties to hearing.--The
parties to a hearing requested under subparagraph
(A) shall have the right to present testimony,
including testimony of expert witnesses, and to
cross-examine witnesses presented by other
parties. Where appropriate, the presiding officer
may require that cross-examination by parties
representing substantially the same interests be
consolidated to promote efficiency and avoid
duplication.
``(v) Final decision.--
``(I) At the conclusion of a hearing
requested under subparagraph (A), the
presiding officer of the hearing shall
issue a decision containing findings of
fact and conclusions of law. The
decision of the presiding officer shall
be final.
``(II) The final decision may not
take effect until the period under
subparagraph (D)(ii) for submitting a
request for judicial review of such
decision expires.
``(D) Judicial review of final administrative
order.--
``(i) <<NOTE: Applicability.>> In general.--
The procedures described in section 505(h) shall
apply with respect to judicial review of final
administrative orders issued under this subsection
in the same manner and to the same extent as such
section applies to an order described in such
section except that the judicial review shall be
taken by filing in an appropriate district court
of the United
[[Page 134 STAT. 441]]
States in lieu of the appellate courts specified
in such section.
``(ii) Period to submit a request for judicial
review.--A person <<NOTE: Deadline.>> eligible to
request a hearing under this paragraph and seeking
judicial review of a final administrative order
issued under this subsection shall file such
request for judicial review not later than 60
calendar days after the latest of--
``(I) the date on which notice of
such order is published;
``(II) the date on which a hearing
with respect to such order is denied
under subparagraph (B) or (C)(i);
``(III) the date on which a final
decision is made following a hearing
under subparagraph (C)(v); or
``(IV) if no hearing is requested,
the date on which the time for
requesting a hearing expires.
``(4) Expedited procedure with respect to administrative
orders initiated by the secretary.--
``(A) Imminent hazard to the public health.--
``(i) <<NOTE: Determination. Notification. Deadline
.>> In general.--In the case of a determination
by the Secretary that a drug, class of drugs, or
combination of drugs subject to this section poses
an imminent hazard to the public health, the
Secretary, after first making reasonable efforts
to notify, not later than 48 hours before issuance
of such order under this subparagraph, sponsors
who have a listing in effect under section 510(j)
for such drug or combination of drugs--
``(I) may issue an interim final
administrative order for such drug,
class of drugs, or combination of drugs
under paragraph (1), together with a
detailed statement of the reasons for
such order;
``(II) <<NOTE: Federal
Register, publication. Notice. Public
comment. Time period.>> shall publish
in the Federal Register a notice of
availability of any such order; and
``(III) shall provide for a public
comment period of at least 45 calendar
days with respect to such interim final
order.
``(ii) Nondelegation.--The Secretary may not
delegate the authority to issue an interim final
administrative order under this subparagraph.
``(B) Safety labeling changes.--
``(i) <<NOTE: Determination.>> In general.--
In the case of a determination by the Secretary
that a change in the labeling of a drug, class of
drugs, or combination of drugs subject to this
section is reasonably expected to mitigate a
significant or unreasonable risk of a serious
adverse event associated with use of the drug, the
Secretary may--
``(I) <<NOTE: Notification. Deadline.>>
make reasonable efforts to notify
informally, not later than 48 hours
before the issuance of the interim final
order, the sponsors of drugs who have a
listing in effect under section 510(j)
for such drug or combination of drugs;
``(II) after reasonable efforts of
notification, issue an interim final
administrative order in
[[Page 134 STAT. 442]]
accordance with paragraph (1) to require
such change, together with a detailed
statement of the reasons for such order;
``(III) <<NOTE: Federal
Register, publication. Notice. Public
comment. Time period.>> publish in the
Federal Register a notice of
availability of such order; and
``(IV) provide for a public comment
period of at least 45 calendar days with
respect to such interim final order.
``(ii) Content of order.--An interim final
order issued under this subparagraph with respect
to the labeling of a drug may provide for new
warnings and other information required for safe
use of the drug.
``(C) Effective date.--An order under subparagraph
(A) or (B) shall take effect on a date specified by the
Secretary.
``(D) Final order.--After the completion of the
proceedings in subparagraph (A) or (B), the Secretary
shall--
``(i) issue a final order in accordance with
paragraph (1);
``(ii) <<NOTE: Notice. Federal
Register, publication. Deadlines. Appeals.>>
publish a notice of availability of such final
administrative order in the Federal Register; and
``(iii) afford sponsors of such drugs that
will be subject to such an order the opportunity
for formal dispute resolution up to the level of
the Director of the Center for Drug Evaluation and
Research, which must initially be within 45
calendar days of the issuance of the order, and
for subsequent levels of appeal, within 30
calendar days of the prior decision.
``(E) Hearings.--A sponsor of a drug subject to a
final order issued under subparagraph (D) and that
participated in each stage of formal dispute resolution
under clause (iii) of such subparagraph may request a
hearing on such order. The
provisions <<NOTE: Applicability.>> of subparagraphs
(A), (B), and (C) of paragraph (3), other than paragraph
(3)(C)(v)(II), shall apply with respect to a hearing on
such order in the same manner and to the same extent as
such provisions apply with respect to a hearing on an
administrative order issued under paragraph (2)(A)(iv).
``(F) Timing.--
``(i) <<NOTE: Deadlines.>> Final order and
hearing.--The Secretary shall--
``(I) not later than 6 months after
the date on which the comment period
closes under subparagraph (A) or (B),
issue a final order in accordance with
paragraph (1); and
``(II) not later than 12 months
after the date on which such final order
is issued, complete any hearing under
subparagraph (E).
``(ii) Dispute resolution request.--The
Secretary shall specify in an interim final order
issued under subparagraph (A) or (B) such shorter
periods for requesting dispute resolution under
subparagraph (D)(iii) as are necessary to meet the
requirements of this subparagraph.
``(G) Judicial review.--A final order issued
pursuant to subparagraph (F) shall be subject to
judicial review in accordance with paragraph (3)(D).
[[Page 134 STAT. 443]]
``(5) Administrative order initiated at the request of a
requestor.--
``(A) <<NOTE: Determinations.>> In general.--In
issuing an administrative order under paragraph (1) at
the request of a requestor with respect to certain
drugs, classes of drugs, or combinations of drugs--
``(i) the Secretary shall, after receiving a
request under this subparagraph, determine whether
the request is sufficiently complete and formatted
to permit a substantive review;
``(ii) if the Secretary determines that the
request is sufficiently complete and formatted to
permit a substantive review, the Secretary shall--
``(I) file the request; and
``(II) initiate proceedings with
respect to issuing an administrative
order in accordance with paragraphs (2)
and (3); and
``(iii) except as provided in paragraph (6),
if the Secretary determines that a request does
not meet the requirements for filing or is not
sufficiently complete and formatted to permit a
substantive review, the requestor may demand that
the request be filed over protest, and the
Secretary shall initiate proceedings to review the
request in accordance with paragraph (2)(A).
``(B) <<NOTE: Determinations.>> Request to initiate
proceedings.--
``(i) In general.--A requestor seeking an
administrative order under paragraph (1) with
respect to certain drugs, classes of drugs, or
combinations of drugs, shall submit to the
Secretary a request to initiate proceedings for
such order in the form and manner as specified by
the Secretary. Such requestor may submit a request
under this subparagraph for the issuance of an
administrative order--
``(I) determining whether a drug is
generally recognized as safe and
effective under section 201(p)(1),
exempt from section 503(b)(1), and not
required to be the subject of an
approved application under section 505;
or
``(II) determining whether a change
to a condition of use of a drug is
generally recognized as safe and
effective under section 201(p)(1),
exempt from section 503(b)(1), and not
required to be the subject of an
approved application under section 505,
if, absent such a changed condition of
use, such drug is--
``(aa) generally recognized
as safe and effective under
section 201(p)(1) in accordance
with subsection (a)(1), (a)(2),
or an order under this
subsection; or
``(bb) subject to subsection
(a)(3), but only if such
requestor initiates such request
in conjunction with a request
for the Secretary to determine
whether such drug is generally
recognized as safe and effective
under section 201(p)(1), which
is filed by the Secretary under
subparagraph (A)(ii).
[[Page 134 STAT. 444]]
``(ii) Exception.--The Secretary is not
required to complete review of a request for a
change described in clause (i)(II) if the
Secretary determines that there is an inadequate
basis to find the drug is generally recognized as
safe and effective under section 201(p)(1) under
paragraph (1) and issues a final order announcing
that determination.
``(iii) Withdrawal.--The requestor may
withdraw a request under this paragraph, according
to the procedures set forth pursuant to subsection
(d)(2)(B). Notwithstanding any other provision of
this section, if such request is withdrawn, the
Secretary may cease proceedings under this
subparagraph.
``(C) Exclusivity.--
``(i) <<NOTE: Time period.>> In general.--A
final administrative order issued in response to a
request under this section shall have the effect
of authorizing solely the order requestor (or the
licensees, assignees, or successors in interest of
such requestor with respect to the subject of such
order), for a period of 18 months following the
effective date of such final order and beginning
on the date the requestor may lawfully market such
drugs pursuant to the order, to market drugs--
``(I) incorporating changes
described in clause (ii); and
``(II) subject to the limitations
under clause (iv).
``(ii) Changes described.--A change described
in this clause is a change subject to an order
specified in clause (i), which--
``(I) provides for a drug to contain
an active ingredient (including any
ester or salt of the active ingredient)
not previously incorporated in a drug
described in clause (iii); or
``(II) provides for a change in the
conditions of use of a drug, for which
new human data studies conducted or
sponsored by the requestor (or for which
the requestor has an exclusive right of
reference) were essential to the
issuance of such order.
``(iii) Drugs described.--The drugs described
in this clause are drugs--
``(I) specified in subsection
(a)(1), (a)(2), or (a)(3);
``(II) subject to a final order
issued under this section;
``(III) subject to a final sunscreen
order (as defined in section 586(2)(A));
or
``(IV) described in subsection
(m)(1), other than drugs subject to an
active enforcement action under chapter
III of this Act.
``(iv) Limitations on exclusivity.--
``(I) <<NOTE: Time period.>> In
general.--Only one 18-month period under
this subparagraph shall be granted,
under each order described in clause
(i), with respect to changes (to the
drug subject to such order) which are
either--
[[Page 134 STAT. 445]]
``(aa) changes described in
clause (ii)(I), relating to
active ingredients; or
``(bb) changes described in
clause (ii)(II), relating to
conditions of use.
``(II) No exclusivity allowed.--No
exclusivity shall apply to changes to a
drug which are--
``(aa) the subject of a Tier
2 OTC monograph order request
(as defined in section 744L);
``(bb) safety-related
changes, as defined by the
Secretary, or any other changes
the Secretary considers
necessary to assure safe use; or
``(cc) changes related to
methods of testing safety or
efficacy.
``(v) New human data studies defined.--In this
subparagraph, the term `new human data studies'
means clinical trials of safety or effectiveness
(including actual use studies), pharmacokinetics
studies, or bioavailability studies, the results
of which--
``(I) have not been relied on by the
Secretary to support--
``(aa) a proposed or final
determination that a drug
described in subclause (I),
(II), or (III) of clause (iii)
is generally recognized as safe
and effective under section
201(p)(1); or
``(bb) approval of a drug
that was approved under section
505; and
``(II) do not duplicate the results
of another study that was relied on by
the Secretary to support--
``(aa) a proposed or final
determination that a drug
described in subclause (I),
(II), or (III) of clause (iii)
is generally recognized as safe
and effective under section
201(p)(1); or
``(bb) approval of a drug
that was approved under section
505.
``(vi) Notification of drug not available for
sale.--A requestor <<NOTE: Deadline. Time
period.>> that is granted exclusivity with
respect to a drug under this subparagraph shall
notify the Secretary in writing within 1 year of
the issuance of the final administrative order if
the drug that is the subject of such order will
not be available for sale within 1 year of the
date of issuance of such order. The requestor
shall include with such notice the--
``(I) identity of the drug by
established name and by proprietary
name, if any;
``(II) strength of the drug;
``(III) date on which the drug will
be available for sale, if known; and
``(IV) reason for not marketing the
drug after issuance of the order.
[[Page 134 STAT. 446]]
``(6) Information regarding safe nonprescription marketing
and use as condition for filing a generally recognized as safe
and effective request.--
``(A) In general.--In response to a request under
this section that a drug described in subparagraph (B)
be generally recognized as safe and effective, the
Secretary--
``(i) may file such request, if the request
includes information specified under subparagraph
(C) with respect to safe nonprescription marketing
and use of such drug; or
``(ii) if the request fails to include
information specified under subparagraph (C),
shall refuse to file such request and require that
nonprescription marketing of the drug be pursuant
to a new drug application as described in
subparagraph (D).
``(B) Drug described.--A drug described in this
subparagraph is a nonprescription drug which contains an
active ingredient not previously incorporated in a
drug--
``(i) specified in subsection (a)(1), (a)(2),
or (a)(3);
``(ii) subject to a final order under this
section; or
``(iii) subject to a final sunscreen order (as
defined in section 586(2)(A)).
``(C) Information demonstrating prima facie safe
nonprescription marketing and use.--Information
specified in this subparagraph, with respect to a
request described in subparagraph (A)(i), is--
``(i) information sufficient for a prima facie
demonstration that the drug subject to such
request has a verifiable history of being marketed
and safely used by consumers in the United States
as a nonprescription drug under comparable
conditions of use;
``(ii) if the drug has not been previously
marketed in the United States as a nonprescription
drug, information sufficient for a prima facie
demonstration that the drug was marketed and
safely used under comparable conditions of
marketing and use in a country listed in section
802(b)(1)(A) or designated by the Secretary in
accordance with section 802(b)(1)(B)--
``(I) for such period as needed to
provide reasonable assurances concerning
the safe nonprescription use of the
drug; and
``(II) during such time was subject
to sufficient monitoring by a regulatory
body considered acceptable by the
Secretary for such monitoring purposes,
including for adverse events associated
with nonprescription use of the drug; or
``(iii) <<NOTE: Determination.>> if the
Secretary determines that information described in
clause (i) or (ii) is not needed to provide a
prima facie demonstration that the drug can be
safely marketed and used as a nonprescription
drug, such other information the Secretary
determines is sufficient for such purposes.
``(D) <<NOTE: Determinations.>> Marketing pursuant
to new drug application.--In the case of a request
described in subparagraph (A)(ii), the drug subject to
such request may be resubmitted for filing only if--
[[Page 134 STAT. 447]]
``(i) the drug is marketed as a
nonprescription drug, under conditions of use
comparable to the conditions specified in the
request, for such period as the Secretary
determines appropriate (not to exceed 5
consecutive years) pursuant to an application
approved under section 505; and
``(ii) during such period, 1,000,000 retail
packages of the drug, or an equivalent quantity as
determined by the Secretary, were distributed for
retail sale, as determined in such manner as the
Secretary finds appropriate.
``(E) Rule of application.--Except in the case of a
request involving a drug described in section 586(9), as
in effect on January 1, 2017, if the Secretary refuses
to file a request under this paragraph, the requestor
may not file such request over protest under paragraph
(5)(A)(iii).
``(7) Packaging.--An administrative order issued under
paragraph (2), (4)(A), or (5) may include requirements for the
packaging of a drug to encourage use in accordance with
labeling. Such requirements may include unit dose packaging,
requirements for products intended for use by pediatric
populations, requirements to reduce risk of harm from
unsupervised ingestion, and other appropriate requirements. This
paragraph does not authorize the Food and Drug Administration to
require standards or testing procedures as described in part
1700 of title 16, Code of Federal Regulations.
``(8) Final and tentative final monographs for category i
drugs deemed final administrative orders.--
``(A) In general.--A final monograph or tentative
final monograph described in subparagraph (B) shall be
deemed to be a final administrative order under this
subsection and may be amended, revoked, or otherwise
modified in accordance with the procedures of this
subsection.
``(B) Monographs described.--For purposes of
subparagraph (A), a final monograph or tentative final
monograph is described in this subparagraph if it--
``(i) establishes conditions of use for a drug
described in paragraph (1) or (2) of subsection
(a); and
``(ii) represents the most recently
promulgated version of such conditions, including
as modified, in whole or in part, by any proposed
or final rule.
``(C) Deemed orders include harmonizing technical
amendments.--The deemed <<NOTE: Determination.>>
establishment of a final administrative order under
subparagraph (A) shall be construed to include any
technical amendments to such order as the Secretary
determines necessary to ensure that such order is
appropriately harmonized, in terms of terminology or
cross-references, with the applicable provisions of this
Act (and regulations thereunder) and any other orders
issued under this section.
``(c) Procedure for Minor Changes.--
``(1) In general.--Minor changes in the dosage form of a
drug that is described in paragraph (1) or (2) of subsection (a)
or the subject of an order issued under subsection (b) may
[[Page 134 STAT. 448]]
be made by a requestor without the issuance of an order under
subsection (b) if--
``(A) the requestor maintains such information as is
necessary to demonstrate that the change--
``(i) will not affect the safety or
effectiveness of the drug; and
``(ii) will not materially affect the extent
of absorption or other exposure to the active
ingredient in comparison to a suitable reference
product; and
``(B) the change is in conformity with the
requirements of an applicable administrative order
issued by the Secretary under paragraph (3).
``(2) Additional information.--
``(A) <<NOTE: Deadline.>> Access to records.--A
sponsor shall submit records requested by the Secretary
relating to such a minor change under section 704(a)(4),
within 15 business days of receiving such a request, or
such longer period as the Secretary may provide.
``(B) <<NOTE: Determination.>> Insufficient
information.--If the Secretary determines that the
information contained in such records is not sufficient
to demonstrate that the change does not affect the
safety or effectiveness of the drug or materially affect
the extent of absorption or other exposure to the active
ingredient, the Secretary--
``(i) may so inform the sponsor of the drug in
writing; and
``(ii) if the Secretary so informs the
sponsor, shall provide the sponsor of the drug
with a reasonable opportunity to provide
additional information.
``(C) <<NOTE: Determination.>> Failure to submit
sufficient information.--If the sponsor fails to provide
such additional information within a time prescribed by
the Secretary, or if the Secretary determines that such
additional information does not demonstrate that the
change does not--
``(i) affect the safety or effectiveness of
the drug; or
``(ii) materially affect the extent of
absorption or other exposure to the active
ingredient in comparison to a suitable reference
product,
the drug as modified is a new drug under section 201(p)
and shall be deemed to be misbranded under section
502(ee).
``(3) Determining whether a change will affect safety or
effectiveness.--
``(A) <<NOTE: Requirements. Guidance.>> In
general.--The Secretary shall issue one or more
administrative orders specifying requirements for
determining whether a minor change made by a sponsor
pursuant to this subsection will affect the safety or
effectiveness of a drug or materially affect the extent
of absorption or other exposure to an active ingredient
in the drug in comparison to a suitable reference
product, together with guidance for applying those
orders to specific dosage forms.
``(B) Standard practices.--The orders and guidance
issued by the Secretary under subparagraph (A) shall
take into account relevant public standards and standard
practices for evaluating the quality of drugs, and may
take
[[Page 134 STAT. 449]]
into account the special needs of populations, including
children.
``(d) Confidentiality of Information Submitted to the Secretary.--
``(1) In general.--Subject to paragraph (2), any
information, including reports of testing conducted on the drug
or drugs involved, that is submitted by a requestor in
connection with proceedings on an order under this section
(including any minor change under subsection (c)) and is a trade
secret or confidential information subject to section 552(b)(4)
of title 5, United States Code, or section 1905 of title 18,
United States Code, shall not be disclosed to the public unless
the requestor consents to that disclosure.
``(2) Public availability.--
``(A) <<NOTE: Deadlines.>> In general.--Except as
provided in subparagraph (B), the Secretary shall--
``(i) make any information submitted by a
requestor in support of a request under subsection
(b)(5)(A) available to the public not later than
the date on which the proposed order is issued;
and
``(ii) make any information submitted by any
other person with respect to an order requested
(or initiated by the Secretary) under subsection
(b), available to the public upon such submission.
``(B) Limitations on public availability.--
Information described in subparagraph (A) shall not be
made public if--
``(i) the information pertains to
pharmaceutical quality information, unless such
information is necessary to establish standards
under which a drug is generally recognized as safe
and effective under section 201(p)(1);
``(ii) <<NOTE: Procedures.>> the information
is submitted in a requestor-initiated request, but
the requestor withdraws such request, in
accordance with withdrawal procedures established
by the Secretary, before the Secretary issues the
proposed order;
``(iii) the Secretary requests and obtains the
information under subsection (c) and such
information is not submitted in relation to an
order under subsection (b); or
``(iv) the information is of the type
contained in raw datasets.
``(e) <<NOTE: Deadlines.>> Updates to Drug Listing Information.--A
sponsor who makes a change to a drug subject to this section shall
submit updated drug listing information for the drug in accordance with
section 510(j) within 30 calendar days of the date when the drug is
first commercially marketed, except that a sponsor who was the order
requestor with respect to an order subject to subsection (b)(5)(C) (or a
licensee, assignee, or successor in interest of such requestor) shall
submit updated drug listing information on or before the date when the
drug is first commercially marketed.
``(f) Approvals Under Section 505.--The provisions of this section
shall not be construed to preclude a person from seeking or maintaining
the approval of an application for a drug under sections 505(b)(1),
505(b)(2), and 505(j) <<NOTE: Determination.>> . A determination under
this section that a drug is not subject to section 503(b)(1), is
generally
[[Page 134 STAT. 450]]
recognized as safe and effective under section 201(p)(1), and is not a
new drug under section 201(p) shall constitute a finding that the drug
is safe and effective that may be relied upon for purposes of an
application under section 505(b)(2), so that the applicant shall be
required to submit for purposes of such application only information
needed to support any modification of the drug that is not covered by
such determination under this section.
``(g) <<NOTE: Time period. Determination.>> Public Availability of
Administrative Orders.--The Secretary shall establish, maintain, update
(as determined necessary by the Secretary but no less frequently than
annually), and make publicly available, with respect to orders issued
under this section--
``(1) a repository of each final order and interim final
order in effect, including the complete text of the order; and
``(2) <<NOTE: Lists.>> a listing of all orders proposed and
under development under subsection (b)(2), including--
``(A) a brief description of each such order; and
``(B) <<NOTE: Time period.>> the Secretary's
expectations, if resources permit, for issuance of
proposed orders over a 3-year period.
``(h) Development Advice to Sponsors or Requestors.--The
Secretary <<NOTE: Procedures.>> shall establish procedures under which
sponsors or requestors may meet with appropriate officials of the Food
and Drug Administration to obtain advice on the studies and other
information necessary to support submissions under this section and
other matters relevant to the regulation of nonprescription drugs and
the development of new nonprescription drugs under this section.
``(i) Participation of Multiple Sponsors or Requestors.--The
Secretary <<NOTE: Procedures.>> shall establish procedures to
facilitate efficient participation by multiple sponsors or requestors in
proceedings under this section, including provision for joint meetings
with multiple sponsors or requestors or with organizations nominated by
sponsors or requestors to represent their interests in a proceeding.
``(j) Electronic Format.--All submissions under this section shall
be in electronic format.
``(k) Effect on Existing Regulations Governing Nonprescription
Drugs.--
``(1) Regulations of general applicability to
nonprescription drugs.--Except as provided in this subsection,
nothing in this section supersedes regulations establishing
general requirements for nonprescription drugs, including
regulations of general applicability contained in parts 201,
250, and 330 of title 21, Code of Federal Regulations, or any
successor regulations. The Secretary shall establish or modify
such regulations by means of rulemaking in accordance with
section 553 of title 5, United States Code.
``(2) Regulations establishing requirements for specific
nonprescription drugs.--
``(A) The provisions of section 310.545 of title 21,
Code of Federal Regulations, as in effect on the day
before the date of the enactment of this section, shall
be deemed to be a final order under subsection (b).
``(B) Regulations in effect on the day before the
date of the enactment of this section, establishing
requirements for specific nonprescription drugs marketed
pursuant to this section (including such requirements in
parts 201 and 250 of title 21, Code of Federal
Regulations), shall be
[[Page 134 STAT. 451]]
deemed to be final orders under subsection (b), only as
they apply to drugs--
``(i) subject to paragraph (1), (2), (3), or
(4) of subsection (a); or
``(ii) otherwise subject to an order under
this section.
``(3) Withdrawal of regulations.--The Secretary shall
withdraw regulations establishing final monographs and the
procedures governing the over-the-counter drug review under part
330 and other relevant parts of title 21, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this section), or make technical changes to such
regulations to ensure conformity with appropriate terminology
and cross references. <<NOTE: Notice. Effective date. Federal
Register, publication.>> Notwithstanding subchapter II of
chapter 5 of title 5, United States Code, any such withdrawal or
technical changes shall be made without public notice and
comment and shall be effective upon publication through notice
in the Federal Register (or upon such date as specified in such
notice).
``(l) Guidance.--The Secretary shall issue guidance that specifies--
``(1) <<NOTE: Procedures.>> the procedures and principles
for formal meetings between the Secretary and sponsors or
requestors for drugs subject to this section;
``(2) the format and content of data submissions to the
Secretary under this section;
``(3) the format of electronic submissions to the Secretary
under this section;
``(4) <<NOTE: Appeals. Procedures.>> consolidated
proceedings for appeal and the procedures for such proceedings
where appropriate; and
``(5) <<NOTE: Recommenda- tions.>> for minor changes in
drugs, recommendations on how to comply with the requirements in
orders issued under subsection (c)(3).
``(m) Rule of Construction.--
``(1) In general.--This section shall not affect the
treatment or status of a nonprescription drug--
``(A) that is marketed without an application
approved under section 505 as of the date of the
enactment of this section;
``(B) that is not subject to an order issued under
this section; and
``(C) to which paragraph (1), (2), (3), (4), or (5)
of subsection (a) do not apply.
``(2) Treatment of products previously found to be subject
to time and extent requirements.--
``(A) Notwithstanding subsection (a), a drug
described in subparagraph (B) may only be lawfully
marketed, without an application approved under section
505, pursuant to an order issued under this section.
``(B) A drug described in this subparagraph is a
drug which, prior to the date of the enactment of this
section, the Secretary determined in a proposed or final
rule to be ineligible for review under the OTC drug
review (as such phrase `OTC drug review' was used in
section 330.14 of title 21, Code of Federal Regulations,
as in effect on the day before the date of the enactment
of this section).
``(3) Preservation of authority.--
[[Page 134 STAT. 452]]
``(A) Nothing in paragraph (1) shall be construed to
preclude or limit the applicability of any provision of
this Act other than this section.
``(B) Nothing in subsection (a) shall be construed
to prohibit the Secretary from issuing an order under
this section finding a drug to be not generally
recognized as safe and effective under section
201(p)(1), as the Secretary determines appropriate.
``(n) Investigational New Drugs.--A drug is not subject to this
section if an exemption for investigational use under section 505(i) is
in effect for such drug.
``(o) Inapplicability of Paperwork Reduction Act.--Chapter 35 of
title 44, United States Code, shall not apply to collections of
information made under this section.
``(p) Inapplicability of Notice and Comment Rulemaking and Other
Requirements.--The requirements <<NOTE: Applicability.>> of subsection
(b) shall apply with respect to orders issued under this section instead
of the requirements of subchapter II of chapter 5 of title 5, United
States Code.
``(q) Definitions.--In this section:
``(1) The term `nonprescription drug' refers to a drug not
subject to the requirements of section 503(b)(1).
``(2) The term `sponsor' refers to any person marketing,
manufacturing, or processing a drug that--
``(A) is listed pursuant to section 510(j); and
``(B) is or will be subject to an administrative
order under this section of the Food and Drug
Administration.
``(3) The term `requestor' refers to any person or group of
persons marketing, manufacturing, processing, or developing a
drug.''.
(b) <<NOTE: Deadline.>> GAO Study.--Not later than 4 years after
the date of enactment of this Act, the Comptroller General of the United
States shall submit a study to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate addressing the effectiveness and
overall impact of exclusivity under section 505G of the Federal Food,
Drug, and Cosmetic Act, as added by subsection (a), and section 586C of
such Act (21 U.S.C. 360fff-3), including the impact of such exclusivity
on consumer access. <<NOTE: Analyses.>> Such study shall include--
(1) an analysis of the impact of exclusivity under such
section 505G for nonprescription drug products, including--
(A) the number of nonprescription drug products that
were granted exclusivity and the indication for which
the nonprescription drug products were determined to be
generally recognized as safe and effective;
(B) whether the exclusivity for such drug products
was granted for--
(i) a new active ingredient (including any
ester or salt of the active ingredient); or
(ii) changes in the conditions of use of a
drug, for which new human data studies conducted
or sponsored by the requestor were essential;
(C) whether, and to what extent, the exclusivity
impacted the requestor's or sponsor's decision to
develop the drug product;
[[Page 134 STAT. 453]]
(D) an analysis of the implementation of the
exclusivity provision in such section 505G, including--
(i) the resources used by the Food and Drug
Administration;
(ii) the impact of such provision on
innovation, as well as research and development in
the nonprescription drug market;
(iii) the impact of such provision on
competition in the nonprescription drug market;
(iv) the impact of such provision on consumer
access to nonprescription drug products;
(v) the impact of such provision on the prices
of nonprescription drug products; and
(vi) whether the administrative orders
initiated by requestors under such section 505G
have been sufficient to encourage the development
of nonprescription drug products that would likely
not be otherwise developed, or developed in as
timely a manner; and
(E) whether the administrative orders initiated by
requestors under such section 505G have been sufficient
incentive to encourage innovation in the nonprescription
drug market; and
(2) an analysis of the impact of exclusivity under such
section 586C for sunscreen ingredients, including--
(A) the number of sunscreen ingredients that were
granted exclusivity and the specific ingredient that was
determined to be generally recognized as safe and
effective;
(B) whether, and to what extent, the exclusivity
impacted the requestor's or sponsor's decision to
develop the sunscreen ingredient;
(C) whether, and to what extent, the sunscreen
ingredient granted exclusivity had previously been
available outside of the United States;
(D) an analysis of the implementation of the
exclusivity provision in such section 586C, including--
(i) the resources used by the Food and Drug
Administration;
(ii) the impact of such provision on
innovation, as well as research and development in
the sunscreen market;
(iii) the impact of such provision on
competition in the sunscreen market;
(iv) the impact of such provision on consumer
access to sunscreen products;
(v) the impact of such provision on the prices
of sunscreen products; and
(vi) whether the administrative orders
initiated by requestors under such section 505G
have been utilized by sunscreen ingredient
sponsors and whether such process has been
sufficient to encourage the development of
sunscreen ingredients that would likely not be
otherwise developed, or developed in as timely a
manner; and
(E) whether the administrative orders initiated by
requestors under such section 586C have been sufficient
incentive to encourage innovation in the sunscreen
market.
[[Page 134 STAT. 454]]
(c) Conforming Amendment.--Section 751(d)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379r(d)(1)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``final regulation promulgated'' and
inserting ``final order under section 505G''; and
(B) by striking ``and not misbranded''; and
(2) in subparagraph (A), by striking ``regulation in
effect'' and inserting ``regulation or order in effect''.
SEC. 3852. MISBRANDING.
Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
352) is amended by adding at the end the following:
``(ee) If it is a nonprescription drug that is subject to section
505G, is not the subject of an application approved under section 505,
and does not comply with the requirements under section 505G.
``(ff) If it is a drug and it was manufactured, prepared,
propagated, compounded, or processed in a facility for which fees have
not been paid as required by section 744M.''.
SEC. 3853. <<NOTE: 21 USC 355h note.>> DRUGS EXCLUDED FROM THE
OVER-THE-COUNTER DRUG REVIEW.
(a) In General.--Nothing in this Act (or the amendments made by this
Act) shall apply to any nonprescription drug (as defined in section
505G(q) of the Federal Food, Drug, and Cosmetic Act, as added by section
3851 of this subtitle) which was excluded by the Food and Drug
Administration from the Over-the-Counter Drug Review in accordance with
the paragraph numbered 25 on page 9466 of volume 37 of the Federal
Register, published on May 11, 1972.
(b) Rule of Construction.--Nothing in this section shall be
construed to preclude or limit the applicability of any other provision
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
SEC. 3854. <<NOTE: 21 USC 360fff-3 note.>> TREATMENT OF SUNSCREEN
INNOVATION ACT.
(a) Review of Nonprescription Sunscreen Active Ingredients.--
(1) Applicability of section 505g for pending submissions.--
(A) <<NOTE: Notification. Deadline.>> In general.--
A sponsor of a nonprescription sunscreen active
ingredient or combination of nonprescription sunscreen
active ingredients that, as of the date of enactment of
this Act, is subject to a proposed sunscreen order under
section 586C of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360fff-3) may elect, by means of giving
written notification to the Secretary of Health and
Human Services within 180 calendar days of the enactment
of this Act, to transition into the review of such
ingredient or combination of ingredients pursuant to the
process set out in section 505G of the Federal Food,
Drug, and Cosmetic Act, as added by section 3851 of this
subtitle.
(B) Election exercised.--Upon receipt by the
Secretary of Health and Human Services of a timely
notification under subparagraph (A)--
(i) the proposed sunscreen order involved is
deemed to be a request for an order under
subsection (b) of section 505G of the Federal
Food, Drug, and
[[Page 134 STAT. 455]]
Cosmetic Act, as added by section 3851 of this
subtitle; and
(ii) such order is deemed to have been
accepted for filing under subsection (b)(6)(A)(i)
of such section 505G.
(C) <<NOTE: Deadline.>> Election not exercised.--If
a notification under subparagraph (A) is not received by
the Secretary of Health and Human Services within 180
calendar days of the date of enactment of this Act, the
review of the proposed sunscreen order described in
subparagraph (A)--
(i) shall continue under section 586C of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360fff-3); and
(ii) shall not be eligible for review under
section 505G, added by section 3851 of this
subtitle.
(2) Definitions.--In this subsection, the terms ``sponsor'',
``nonprescription'', ``sunscreen active ingredient'', and
``proposed sunscreen order'' have the meanings given to those
terms in section 586 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360fff).
(b) Amendments to Sunscreen Provisions.--
(1) Final sunscreen orders.--Paragraph (3) of section
586C(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360fff-3(e)) is amended to read as follows:
``(3) Relationship to orders under section 505g.--A final
sunscreen order shall be deemed to be a final order under
section 505G.''.
(2) Meetings.--Paragraph (7) of section 586C(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3(b)) is
amended--
(A) by striking ``A sponsor may request'' and
inserting the following:
``(A) In general.--A sponsor may request''; and
(B) by adding at the end the following:
``(B) Confidential meetings.--A sponsor may request
one or more confidential meetings with respect to a
proposed sunscreen order, including a letter deemed to
be a proposed sunscreen order under paragraph (3), to
discuss matters relating to data requirements to support
a general recognition of safety and effectiveness
involving confidential information and public
information related to such proposed sunscreen order, as
appropriate. The Secretary shall convene a confidential
meeting with such sponsor in a reasonable time
period. <<NOTE: Determination.>> If a sponsor requests
more than one confidential meeting for the same proposed
sunscreen order, the Secretary may refuse to grant an
additional confidential meeting request if the Secretary
determines that such additional confidential meeting is
not reasonably necessary for the sponsor to advance its
proposed sunscreen order, or if the request for a
confidential meeting fails to include sufficient
information upon which to base a substantive
discussion. <<NOTE: Publication. Summary.>> The
Secretary shall publish a post-meeting summary of each
confidential meeting under this subparagraph that does
not disclose confidential commercial information or
trade secrets. This subparagraph does not authorize the
disclosure of confidential commercial information or
trade secrets subject to 552(b)(4) of title
[[Page 134 STAT. 456]]
5, United States Code, or section 1905 of title 18,
United States Code.''.
(3) Exclusivity.--Section 586C of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360fff-3) is amended by adding at
the end the following:
``(f) Exclusivity.--
``(1) <<NOTE: Time period.>> In general.--A final sunscreen
order shall have the effect of authorizing solely the order
requestor (or the licensees, assignees, or successors in
interest of such requestor with respect to the subject of such
request and listed under paragraph (5)) for a period of 18
months, to market a sunscreen ingredient under this section
incorporating changes described in paragraph (2) subject to the
limitations under paragraph (4), beginning on the date the
requestor (or any licensees, assignees, or successors in
interest of such requestor with respect to the subject of such
request and listed under paragraph (5)) may lawfully market such
sunscreen ingredient pursuant to the order.
``(2) Changes described.--A change described in this
paragraph is a change subject to an order specified in paragraph
(1) that permits a sunscreen to contain an active sunscreen
ingredient not previously incorporated in a marketed sunscreen
listed in paragraph (3).
``(3) Marketed sunscreen.--The marketed sunscreen
ingredients described in this paragraph are sunscreen
ingredients--
``(A) marketed in accordance with a final monograph
for sunscreen drug products set forth at part 352 of
title 21, Code of Federal Regulations (as published at
64 Fed. Reg. 27687); or
``(B) marketed in accordance with a final order
issued under this section.
``(4) Limitations on exclusivity.-- <<NOTE: Time
period.>> Only one 18-month period may be granted per ingredient
under paragraph (1).
``(5) Listing of licensees, assignees, or successors in
interest.--Requestors shall submit to the Secretary at the time
when a drug subject to such request is introduced or delivered
for introduction into interstate commerce, a list of licensees,
assignees, or successors in interest under paragraph (1).''.
(4) Sunset provision.--Subchapter I of chapter V of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff et seq.)
is amended by adding at the end the following:
``SEC. 586H. <<NOTE: 21 USC 360fff-8.>> SUNSET.
``This subchapter shall cease to be effective at the end of fiscal
year 2022.''.
(5) Treatment of final sunscreen order.--The Federal Food,
Drug, and Cosmetic Act is amended by striking section 586E of
such Act (21 U.S.C. 360fff-5).
(c) <<NOTE: 21 USC 355h note.>> Treatment of Authority Regarding
Finalization of Sunscreen Monograph.--
(1) In general.--
(A) Revision of final sunscreen order.--The
Secretary of Health and Human Services (referred to in
this subsection as the ``Secretary'') shall amend and
revise the
[[Page 134 STAT. 457]]
final administrative order concerning nonprescription
sunscreen (referred to in this subsection as the
``sunscreen order'') for which the content, prior to the
date of enactment of this Act, was represented by the
final monograph for sunscreen drug products set forth in
part 352 of title 21, Code of Federal Regulations (as in
effect on May 21, 1999).
(B) <<NOTE: Deadlines.>> Issuance of revised
sunscreen order; effective date.--A revised sunscreen
order described in subparagraph (A) shall be--
(i) issued in accordance with the procedures
described in section 505G(b)(2) of the Federal
Food, Drug, and Cosmetic Act;
(ii) issued in proposed form not later than 18
months after the date of enactment of this Act;
and
(iii) issued by the Secretary at least 1 year
prior to the effective date of the revised order.
(2) <<NOTE: Plan. Timeline.>> Reports.--If a revised
sunscreen order issued under paragraph (1) does not include
provisions related to the effectiveness of various sun
protection factor levels, and does not address all dosage forms
known to the Secretary to be used in sunscreens marketed in the
United States without a new drug application approved under
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355), the Secretary shall submit a report to the
Committee on Energy and Commerce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of
the Senate on the rationale for omission of such provisions from
such order, and a plan and timeline to compile any information
necessary to address such provisions through such order.
(d) <<NOTE: 21 USC 360fff-6 note.>> Treatment of Non-Sunscreen Time
and Extent Applications.--
(1) In general.--Any application described in section 586F
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-6)
that was submitted to the Secretary pursuant to section 330.14
of title 21, Code of Federal Regulations, as such provisions
were in effect immediately prior to the date of enactment date
of this Act, shall be extinguished as of such date of enactment,
subject to paragraph (2).
(2) Order request.--Nothing in paragraph (1) precludes the
submission of an order request under section 505G(b) of the
Federal Food, Drug, and Cosmetic Act, as added by section 3851
of this subtitle, with respect to a drug that was the subject of
an application extinguished under paragraph (1).
SEC. 3855. <<NOTE: 21 USC 355h note.>> ANNUAL UPDATE TO CONGRESS
ON APPROPRIATE PEDIATRIC INDICATION FOR
CERTAIN OTC COUGH AND COLD DRUGS.
(a) <<NOTE: Deadline.>> In General.--Subject to subsection (c), the
Secretary of Health and Human Services shall, beginning not later than 1
year after the date of enactment of this Act, annually submit to the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate a
letter describing the progress of the Food and Drug Administration--
(1) in evaluating the cough and cold monograph described in
subsection (b) with respect to children under age 6; and
[[Page 134 STAT. 458]]
(2) as appropriate, revising such cough and cold monograph
to address such children through the order process under section
505G(b) of the Federal Food, Drug, and Cosmetic Act, as added by
section 3851 of this subtitle.
(b) Cough and Cold Monograph Described.--The cough and cold
monograph described in this subsection consists of the conditions under
which nonprescription drugs containing antitussive, expectorant, nasal
decongestant, or antihistamine active ingredients (or combinations
thereof) are generally recognized as safe and effective, as specified in
part 341 of title 21, Code of Federal Regulations (as in effect
immediately prior to the date of enactment of this Act), and included in
an order deemed to be established under section 505G(b) of the Federal
Food, Drug, and Cosmetic Act, as added by section 3851 of this subtitle.
(c) Duration of Authority.--The requirement under subsection (a)
shall terminate as of the date of a letter submitted by the Secretary of
Health and Human Services pursuant to such subsection in which the
Secretary indicates that the Food and Drug Administration has completed
its evaluation and revised, in a final order, as applicable, the cough
and cold monograph as described in subsection (a)(2).
SEC. 3856. TECHNICAL CORRECTIONS.
(a) Imports and Exports.--Section 801(e)(4)(E)(iii) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) is amended by
striking ``subparagraph'' each place such term appears and inserting
``paragraph''.
(b) FDA Reauthorization Act of 2017.--
(1) In general.--Section 905(b)(4) of the FDA
Reauthorization Act of 2017 (Public Law 115-52) <<NOTE: 21 USC
379j-52.>> is amended by striking ``Section 744H(e)(2)(B)'' and
inserting ``Section 744H(f)(2)(B)''.
(2) <<NOTE: 21 USC 379j-52 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect as of the
enactment of the FDA Reauthorization Act of 2017 (Public Law
115-52).
PART II--USER FEES
SEC. 3861. <<NOTE: 21 USC 379j-71 note.>> FINDING.
The Congress finds that the fees authorized by the amendments made
in this part will be dedicated to OTC monograph drug activities, as set
forth in the goals identified for purposes of part 10 of subchapter C of
chapter VII of the Federal Food, Drug, and Cosmetic Act, in the letters
from the Secretary of Health and Human Services to the Chairman of the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Chairman of the Committee on Energy and Commerce of the House of
Representatives, as set forth in the Congressional Record.
SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS.
Subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379f et seq.) is amended by inserting after part 9 the
following:
[[Page 134 STAT. 459]]
``PART 10--FEES RELATING TO OVER-THE-COUNTER DRUGS
``SEC. 744L. <<NOTE: 21 USC 379j-71.>> DEFINITIONS.
``In this part:
``(1) The term `affiliate' means a business entity that has
a relationship with a second business entity if, directly or
indirectly--
``(A) one business entity controls, or has the power
to control, the other business entity; or
``(B) a third party controls, or has power to
control, both of the business entities.
``(2) The term `contract manufacturing organization
facility' means an OTC monograph drug facility where neither the
owner of such manufacturing facility nor any affiliate of such
owner or facility sells the OTC monograph drug produced at such
facility directly to wholesalers, retailers, or consumers in the
United States.
``(3) The term `costs of resources allocated for OTC
monograph drug activities' means the expenses in connection with
OTC monograph drug activities for--
``(A) officers and employees of the Food and Drug
Administration, contractors of the Food and Drug
Administration, advisory committees, and costs related
to such officers, employees, and committees and costs
related to contracts with such contractors;
``(B) management of information, and the
acquisition, maintenance, and repair of computer
resources;
``(C) leasing, maintenance, renovation, and repair
of facilities and acquisition, maintenance, and repair
of fixtures, furniture, scientific equipment, and other
necessary materials and supplies; and
``(D) collecting fees under section 744M and
accounting for resources allocated for OTC monograph
drug activities.
``(4) The term `FDA establishment identifier' is the unique
number automatically generated by Food and Drug Administration's
Field Accomplishments and Compliance Tracking System (FACTS) (or
any successor system).
``(5) The term `OTC monograph drug' means a nonprescription
drug without an approved new drug application which is governed
by the provisions of section 505G.
``(6) The term `OTC monograph drug activities' means
activities of the Secretary associated with OTC monograph drugs
and inspection of facilities associated with such products,
including the following activities:
``(A) The activities necessary for review and
evaluation of OTC monographs and OTC monograph order
requests, including--
``(i) orders proposing or finalizing
applicable conditions of use for OTC monograph
drugs;
``(ii) orders affecting status regarding
general recognition of safety and effectiveness of
an OTC monograph ingredient or combination of
ingredients under specified conditions of use;
``(iii) all OTC monograph drug development and
review activities, including intra-agency
collaboration;
[[Page 134 STAT. 460]]
``(iv) regulation and policy development
activities related to OTC monograph drugs;
``(v) development of product standards for
products subject to review and evaluation;
``(vi) meetings referred to in section
505G(i);
``(vii) review of labeling prior to issuance
of orders related to OTC monograph drugs or
conditions of use; and
``(viii) regulatory science activities related
to OTC monograph drugs.
``(B) Inspections related to OTC monograph drugs.
``(C) Monitoring of clinical and other research
conducted in connection with OTC monograph drugs.
``(D) Safety activities with respect to OTC
monograph drugs, including--
``(i) collecting, developing, and reviewing
safety information on OTC monograph drugs,
including adverse event reports;
``(ii) developing and using improved adverse
event data-collection systems, including
information technology systems; and
``(iii) developing and using improved
analytical tools to assess potential safety risks,
including access to external databases.
``(E) Other activities necessary for implementation
of section 505G.
``(7) The term `OTC monograph order request' means a request
for an order submitted under section 505G(b)(5).
``(8) The term `Tier 1 OTC monograph order request' means
any OTC monograph order request not determined to be a Tier 2
OTC monograph order request.
``(9)(A) The term `Tier 2 OTC monograph order request'
means, subject to subparagraph (B), an OTC monograph order
request for--
``(i) the reordering of existing information in the
drug facts label of an OTC monograph drug;
``(ii) the addition of information to the other
information section of the drug facts label of an OTC
monograph drug, as limited by section 201.66(c)(7) of
title 21, Code of Federal Regulations (or any successor
regulations);
``(iii) modification to the directions for use
section of the drug facts label of an OTC monograph
drug, if such changes conform to changes made pursuant
to section 505G(c)(3)(A);
``(iv) the standardization of the concentration or
dose of a specific finalized ingredient within a
particular finalized monograph;
``(v) a change to ingredient nomenclature to align
with nomenclature of a standards-setting organization;
or
``(vi) addition of an interchangeable term in
accordance with section 330.1 of title 21, Code of
Federal Regulations (or any successor regulations).
``(B) The Secretary may, based on program implementation
experience or other factors found appropriate by the Secretary,
characterize any OTC monograph order request as a Tier 2 OTC
monograph order request (including recharacterizing a
[[Page 134 STAT. 461]]
request from Tier 1 to Tier 2) and publish such determination in
a proposed order issued pursuant to section 505G.
``(10)(A) The term `OTC monograph drug facility' means a
foreign or domestic business or other entity that--
``(i) is--
``(I) under one management, either direct or
indirect; and
``(II) at one geographic location or address
engaged in manufacturing or processing the
finished dosage form of an OTC monograph drug;
``(ii) includes a finished dosage form manufacturer
facility in a contractual relationship with the sponsor
of one or more OTC monograph drugs to manufacture or
process such drugs; and
``(iii) does not include a business or other entity
whose only manufacturing or processing activities are
one or more of the following: production of clinical
research supplies, testing, or placement of outer
packaging on packages containing multiple products, for
such purposes as creating multipacks, when each
monograph drug product contained within the
overpackaging is already in a final packaged form prior
to placement in the outer overpackaging.
``(B) For purposes of subparagraph (A)(i)(II), separate
buildings or locations within close proximity are considered to
be at one geographic location or address if the activities
conducted in such buildings or locations are--
``(i) closely related to the same business
enterprise;
``(ii) under the supervision of the same local
management; and
``(iii) under a single FDA establishment identifier
and capable of being inspected by the Food and Drug
Administration during a single inspection.
``(C) If a business or other entity would meet criteria
specified in subparagraph (A), but for being under multiple
management, the business or other entity is deemed to constitute
multiple facilities, one per management entity, for purposes of
this paragraph.
``(11) The term `OTC monograph drug meeting' means any
meeting regarding the content of a proposed OTC monograph order
request.
``(12) The term `person' includes an affiliate of a person.
``(13) The terms `requestor' and `sponsor' have the meanings
given such terms in section 505G.
``SEC. 744M. <<NOTE: 21 USC 379j-72.>> AUTHORITY TO ASSESS AND
USE OTC MONOGRAPH FEES.
``(a) <<NOTE: Effective date.>> Types of Fees.--Beginning with
fiscal year 2021, the Secretary shall assess and collect fees in
accordance with this section as follows:
``(1) Facility fee.--
``(A) <<NOTE: Time period.>> In general.--Each
person that owns a facility identified as an OTC
monograph drug facility on December 31 of the fiscal
year or at any time during the preceding 12-month period
shall be assessed an annual fee for each such facility
as determined under subsection (c).
``(B) Exceptions.--
[[Page 134 STAT. 462]]
``(i) Facilities that cease activities.--A fee
shall not be assessed under subparagraph (A) if
the identified OTC monograph drug facility--
``(I) has ceased all activities
related to OTC monograph drugs prior to
December 31 of the year immediately
preceding the applicable fiscal year;
and
``(II) has updated its registration
to reflect such change under the
requirements for drug establishment
registration set forth in section 510.
``(ii) Contract manufacturing organizations.--
The amount of the fee for a contract manufacturing
organization facility shall be equal to two-thirds
of the amount of the fee for an OTC monograph drug
facility that is not a contract manufacturing
organization facility.
``(C) Amount.--The amount of fees established under
subparagraph (A) shall be established under subsection
(c).
``(D) Due date.--
``(i) For first program year.--For fiscal year
2021, the facility fees required under
subparagraph (A) shall be due on the later of--
``(I) the first business day of July
of 2020; or
``(II) 45 calendar days after
publication of the Federal Register
notice provided for under subsection
(c)(4)(A).
``(ii) Subsequent fiscal years.--For each
fiscal year after fiscal year 2021, the facility
fees required under subparagraph (A) shall be due
on the later of--
``(I) the first business day of June
of such year; or
``(II) the first business day after
the enactment of an appropriations Act
providing for the collection and
obligation of fees under this section
for such year.
``(2) OTC monograph order request fee.--
``(A) In general.--Each person that submits an OTC
monograph order request shall be subject to a fee for an
OTC monograph order request. The amount of such fee
shall be--
``(i) for a Tier 1 OTC monograph order
request, $500,000, adjusted for inflation for the
fiscal year (as determined under subsection
(c)(1)(B)); and
``(ii) for a Tier 2 OTC monograph order
request, $100,000, adjusted for inflation for the
fiscal year (as determined under subsection
(c)(1)(B)).
``(B) Due date.--The OTC monograph order request
fees required under subparagraph (A) shall be due on the
date of submission of the OTC monograph order request.
``(C) Exception for certain safety changes.--A
person who is named as the requestor in an OTC monograph
order shall not be subject to a fee under subparagraph
(A) if the Secretary finds that the OTC monograph order
request seeks to change the drug facts labeling of an
OTC monograph drug in a way that would add to or
strengthen--
[[Page 134 STAT. 463]]
``(i) a contraindication, warning, or
precaution;
``(ii) a statement about risk associated with
misuse or abuse; or
``(iii) an instruction about dosage and
administration that is intended to increase the
safe use of the OTC monograph drug.
``(D) Refund of fee if order request is
recategorized as a tier 2 otc monograph order request.--
If the Secretary <<NOTE: Determination.>> determines
that an OTC monograph request initially characterized as
Tier 1 shall be re-characterized as a Tier 2 OTC
monograph order request, and the requestor has paid a
Tier 1 fee in accordance with subparagraph (A)(i), the
Secretary shall refund the requestor the difference
between the Tier 1 and Tier 2 fees determined under
subparagraphs (A)(i) and (A)(ii), respectively.
``(E) Refund of fee if order request refused for
filing or withdrawn before filing.--The Secretary shall
refund 75 percent of the fee paid under subparagraph (B)
for any order request which is refused for filing or was
withdrawn before being accepted or refused for filing.
``(F) Fees for order requests previously refused for
filing or withdrawn before filing.--An OTC monograph
order request that was submitted but was refused for
filing, or was withdrawn before being accepted or
refused for filing, shall be subject to the full fee
under subparagraph (A) upon being resubmitted or filed
over protest.
``(G) Refund of fee if order request withdrawn.--If
an order request is withdrawn after the order request
was filed, the Secretary may refund the fee or a portion
of the fee if no substantial work was performed on the
order request after the application was filed. The
Secretary shall have the sole discretion to refund a fee
or a portion of the fee under this subparagraph. A
determination by the Secretary concerning a refund under
this subparagraph shall not be reviewable.
``(3) Refunds.--
``(A) In general.--Other than refunds provided
pursuant to any of subparagraphs (D) through (G) of
paragraph (2), the Secretary shall not refund any fee
paid under paragraph (1) except as provided in
subparagraph (B).
``(B) <<NOTE: Deadline.>> Disputes concerning
fees.--To qualify for the return of a fee claimed to
have been paid in error under paragraph (1) or (2), a
person shall submit to the Secretary a written request
justifying such return within 180 calendar days after
such fee was paid.
``(4) <<NOTE: Federal Register, publication.>> Notice.--
Within the timeframe specified in subsection (c), the Secretary
shall publish in the Federal Register the amount of the fees
under paragraph (1) for such fiscal year.
``(b) Fee Revenue Amounts.--
``(1) Fiscal year 2021.--For fiscal year 2021, fees under
subsection (a)(1) shall be established to generate a total
facility fee revenue amount equal to the sum of--
``(A) the annual base revenue for fiscal year 2021
(as determined under paragraph (3));
[[Page 134 STAT. 464]]
``(B) the dollar amount equal to the operating
reserve adjustment for the fiscal year, if applicable
(as determined under subsection (c)(2)); and
``(C) additional direct cost adjustments (as
determined under subsection (c)(3)).
``(2) Subsequent fiscal years.--For each of the fiscal years
2022 through 2025, fees under subsection (a)(1) shall be
established to generate a total facility fee revenue amount
equal to the sum of--
``(A) the annual base revenue for the fiscal year
(as determined under paragraph (3));
``(B) the dollar amount equal to the inflation
adjustment for the fiscal year (as determined under
subsection (c)(1));
``(C) the dollar amount equal to the operating
reserve adjustment for the fiscal year, if applicable
(as determined under subsection (c)(2));
``(D) additional direct cost adjustments (as
determined under subsection (c)(3)); and
``(E) additional dollar amounts for each fiscal year
as follows:
``(i) $7,000,000 for fiscal year 2022.
``(ii) $6,000,000 for fiscal year 2023.
``(iii) $7,000,000 for fiscal year 2024.
``(iv) $3,000,000 for fiscal year 2025.
``(3) Annual base revenue.--For purposes of paragraphs
(1)(A) and (2)(A), the dollar amount of the annual base revenue
for a fiscal year shall be--
``(A) for fiscal year 2021, $8,000,000; and
``(B) for fiscal years 2022 through 2025, the dollar
amount of the total revenue amount established under
this subsection for the previous fiscal year, not
including any adjustments made under subsection (c)(2)
or (c)(3).
``(c) Adjustments; Annual Fee Setting.--
``(1) Inflation adjustment.--
``(A) In general.--For purposes of subsection
(b)(2)(B), the dollar amount of the inflation adjustment
to the annual base revenue for fiscal year 2022 and each
subsequent fiscal year shall be equal to the product
of--
``(i) such annual base revenue for the fiscal
year under subsection (b)(2); and
``(ii) the inflation adjustment percentage
under subparagraph (C).
``(B) OTC monograph order request fees.--For
purposes of subsection (a)(2), the dollar amount of the
inflation adjustment to the fee for OTC monograph order
requests for fiscal year 2022 and each subsequent fiscal
year shall be equal to the product of--
``(i) the applicable fee under subsection
(a)(2) for the preceding fiscal year; and
``(ii) the inflation adjustment percentage
under subparagraph (C).
``(C) <<NOTE: Time periods.>> Inflation adjustment
percentage.--The inflation adjustment percentage under
this subparagraph for a fiscal year is equal to--
``(i) for each of fiscal years 2022 and 2023,
the average annual percent change that occurred in
the
[[Page 134 STAT. 465]]
Consumer Price Index for urban consumers
(Washington-Baltimore, DC-MD-VA-WV; Not Seasonally
Adjusted; All items; Annual Index) for the first 3
years of the preceding 4 years of available data;
and
``(ii) for each of fiscal years 2024 and 2025,
the sum of--
``(I) the average annual percent
change in the cost, per full-time
equivalent position of the Food and Drug
Administration, of all personnel
compensation and benefits paid with
respect to such positions for the first
3 years of the preceding 4 fiscal years,
multiplied by the proportion of
personnel compensation and benefits
costs to total costs of OTC monograph
drug activities for the first 3 years of
the preceding 4 fiscal years; and
``(II) the average annual percent
change that occurred in the Consumer
Price Index for urban consumers
(Washington-Baltimore, DC-MD-VA-WV; Not
Seasonally Adjusted; All items; Annual
Index) for the first 3 years of the
preceding 4 years of available data
multiplied by the proportion of all
costs other than personnel compensation
and benefits costs to total costs of OTC
monograph drug activities for the first
3 years of the preceding 4 fiscal years.
``(2) Operating reserve adjustment.--
``(A) In general.--For fiscal year 2021 and
subsequent fiscal years, for purposes of subsections
(b)(1)(B) and (b)(2)(C), the Secretary may, in addition
to adjustments under paragraph (1), further increase the
fee revenue and fees if such an adjustment is necessary
to provide operating reserves of carryover user fees for
OTC monograph drug activities for not more than the
number of weeks specified in subparagraph (B).
``(B) Number of weeks.--The number of weeks
specified in this subparagraph is--
``(i) 3 weeks for fiscal year 2021;
``(ii) 7 weeks for fiscal year 2022;
``(iii) 10 weeks for fiscal year 2023;
``(iv) 10 weeks for fiscal year 2024; and
``(v) 10 weeks for fiscal year 2025.
``(C) <<NOTE: Time period.>> Decrease.--If the
Secretary has carryover balances for such process in
excess of 10 weeks of the operating reserves referred to
in subparagraph (A), the Secretary shall decrease the
fee revenue and fees referred to in such subparagraph to
provide for not more than 10 weeks of such operating
reserves.
``(D) Rationale for adjustment.--If an adjustment
under this paragraph is made, the rationale for the
amount of the increase or decrease (as applicable) in
fee revenue and fees shall be contained in the annual
Federal Register notice under paragraph (4) establishing
fee revenue and fees for the fiscal year involved.
``(3) Additional direct cost adjustment.--The Secretary
shall, in addition to adjustments under paragraphs (1) and (2),
further increase the fee revenue and fees for purposes of
subsection (b)(2)(D) by an amount equal to--
[[Page 134 STAT. 466]]
``(A) $14,000,000 for fiscal year 2021;
``(B) $7,000,000 for fiscal year 2022;
``(C) $4,000,000 for fiscal year 2023;
``(D) $3,000,000 for fiscal year 2024; and
``(E) $3,000,000 for fiscal year 2025.
``(4) <<NOTE: Deadline. Federal Register, publication.>>
Annual fee setting.--
``(A) Fiscal year 2021.--The Secretary shall, not
later than the second Monday in May of 2020--
``(i) establish OTC monograph drug facility
fees for fiscal year 2021 under subsection (a),
based on the revenue amount for such year under
subsection (b) and the adjustments provided under
this subsection; and
``(ii) publish fee revenue, facility fees, and
OTC monograph order requests in the Federal
Register.
``(B) Subsequent fiscal years.--The Secretary shall,
for each fiscal year that begins after September 30,
2021, not later than the second Monday in March that
precedes such fiscal year--
``(i) establish for such fiscal year, based on
the revenue amounts under subsection (b) and the
adjustments provided under this subsection--
``(I) OTC monograph drug facility
fees under subsection (a)(1); and
``(II) OTC monograph order request
fees under subsection (a)(2); and
``(ii) publish such fee revenue amounts,
facility fees, and OTC monograph order request
fees in the Federal Register.
``(d) Identification of Facilities.--Each person that owns an OTC
monograph drug facility shall submit to the Secretary the information
required under this subsection each year. Such information shall, for
each fiscal year--
``(1) be submitted as part of the requirements for drug
establishment registration set forth in section 510; and
``(2) include for each such facility, at a minimum,
identification of the facility's business operation as that of
an OTC monograph drug facility.
``(e) Effect of Failure To Pay Fees.--
``(1) OTC monograph drug facility fee.--
``(A) <<NOTE: Time period.>> In general.--Failure
to pay the fee under subsection (a)(1) within 20
calendar days of the due date as specified in
subparagraph (D) of such subsection shall result in the
following:
``(i) <<NOTE: Public information. List.>> The
Secretary shall place the facility on a publicly
available arrears list.
``(ii) All OTC monograph drugs manufactured in
such a facility or containing an ingredient
manufactured in such a facility shall be deemed
misbranded under section 502(ff).
``(B) Application of penalties.--The penalties under
this paragraph shall apply until the fee established by
subsection (a)(1) is paid.
``(2) Order requests.--An OTC monograph order request
submitted by a person subject to fees under subsection (a) shall
be considered incomplete and shall not be accepted for
[[Page 134 STAT. 467]]
filing by the Secretary until all fees owed by such person under
this section have been paid.
``(3) Meetings.--A person subject to fees under this section
shall be considered ineligible for OTC monograph drug meetings
until all such fees owed by such person have been paid.
``(f) Crediting and Availability of Fees.--
``(1) In general.--Fees authorized under subsection (a)
shall be collected and available for obligation only to the
extent and in the amount provided in advance in appropriations
Acts. Such fees are authorized to remain available until
expended. Such sums as may be necessary may be transferred from
the Food and Drug Administration salaries and expenses
appropriation account without fiscal year limitation to such
appropriation account for salaries and expenses with such fiscal
year limitation. The sums transferred shall be available solely
for OTC monograph drug activities.
``(2) Collections and appropriation acts.--
``(A) In general.--Subject to subparagraph (C), the
fees authorized by this section shall be collected and
available in each fiscal year in an amount not to exceed
the amount specified in appropriation Acts, or otherwise
made available for obligation, for such fiscal year.
``(B) Use of fees and limitation.--The fees
authorized by this section shall be available to defray
increases in the costs of the resources allocated for
OTC monograph drug activities (including increases in
such costs for an additional number of full-time
equivalent positions in the Department of Health and
Human Services to be engaged in such activities), only
if the Secretary allocates for such purpose an amount
for such fiscal year (excluding amounts from fees
collected under this section) no less than $12,000,000,
multiplied by the adjustment factor applicable to the
fiscal year involved under subsection (c)(1).
``(C) Compliance.--The Secretary shall be considered
to have met the requirements of subparagraph (B) in any
fiscal year if the costs funded by appropriations and
allocated for OTC monograph drug activities are not more
than 15 percent below the level specified in such
subparagraph.
``(D) Provision for early payments in subsequent
years.--Payment of fees authorized under this section
for a fiscal year (after fiscal year 2021), prior to the
due date for such fees, may be accepted by the Secretary
in accordance with authority provided in advance in a
prior year appropriations Act.
``(3) Authorization of appropriations.--For each of the
fiscal years 2021 through 2025, there is authorized to be
appropriated for fees under this section an amount equal to the
total amount of fees assessed for such fiscal year under this
section.
``(g) <<NOTE: Deadline.>> Collection of Unpaid Fees.--In any case
where the Secretary does not receive payment of a fee assessed under
subsection (a) within 30 calendar days after it is due, such fee shall
be treated as a claim of the United States Government subject to
subchapter II of chapter 37 of title 31, United States Code.
``(h) Construction.--This section may not be construed to require
that the number of full-time equivalent positions in the
[[Page 134 STAT. 468]]
Department of Health and Human Services, for officers, employers, and
advisory committees not engaged in OTC monograph drug activities, be
reduced to offset the number of officers, employees, and advisory
committees so engaged.
``SEC. 744N. <<NOTE: 21 USC 379j-73.>> REAUTHORIZATION; REPORTING
REQUIREMENTS.
``(a) <<NOTE: Effective date.>> Performance Report.--Beginning with
fiscal year 2021, and not later than 120 calendar days after the end of
each fiscal year thereafter for which fees are collected under this
part, the Secretary shall prepare and submit to the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report concerning
the progress of the Food and Drug Administration in achieving the goals
identified in the letters described in section 3861(b) of the CARES Act
during such fiscal year and the future plans of the Food and Drug
Administration for meeting such goals.
``(b) Fiscal Report.--Not later than 120 calendar days after the end
of fiscal year 2021 and each subsequent fiscal year for which fees are
collected under this part, the Secretary shall prepare and submit to the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate a
report on the implementation of the authority for such fees during such
fiscal year and the use, by the Food and Drug Administration, of the
fees collected for such fiscal year.
``(c) <<NOTE: Web posting.>> Public Availability.--The Secretary
shall make the reports required under subsections (a) and (b) available
to the public on the internet website of the Food and Drug
Administration.
``(d) Reauthorization.--
``(1) <<NOTE: Recommenda- tions. Plans. Time period.>>
Consultation.--In developing recommendations to present to the
Congress with respect to the goals described in subsection (a),
and plans for meeting the goals, for OTC monograph drug
activities for the first 5 fiscal years after fiscal year 2025,
and for the reauthorization of this part for such fiscal years,
the Secretary shall consult with--
``(A) the Committee on Energy and Commerce of the
House of Representatives;
``(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(C) scientific and academic experts;
``(D) health care professionals;
``(E) representatives of patient and consumer
advocacy groups; and
``(F) the regulated industry.
``(2) Public review of recommendations.--After negotiations
with the regulated industry, the Secretary shall--
``(A) present the recommendations developed under
paragraph (1) to the congressional committees specified
in such paragraph;
``(B) <<NOTE: Federal Register, publication.>>
publish such recommendations in the Federal Register;
``(C) <<NOTE: Time period.>> provide for a period
of 30 calendar days for the public to provide written
comments on such recommendations;
``(D) hold a meeting at which the public may present
its views on such recommendations; and
[[Page 134 STAT. 469]]
``(E) after consideration of such public views and
comments, revise such recommendations as necessary.
``(3) <<NOTE: Deadline. Summary.>> Transmittal of
recommendations.--Not later than January 15, 2025, the Secretary
shall transmit to the Congress the revised recommendations under
paragraph (2), a summary of the views and comments received
under such paragraph, and any changes made to the
recommendations in response to such views and comments.''.
TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED
SECTORS OF THE UNITED STATES ECONOMY
Subtitle <<NOTE: Coronavirus Economic Stabilization Act of 2020.>> A--
Coronavirus Economic Stabilization Act of 2020
SEC. 4001. <<NOTE: 15 USC 9001 note.>> SHORT TITLE.
This subtitle may be cited as the ``Coronavirus Economic
Stabilization Act of 2020''.
SEC. 4002. <<NOTE: 15 USC 9041.>> DEFINITIONS.
In this subtitle:
(1) Air carrier.--The term ``air carrier'' has the meaning
such term has under section 40102 of title 49, United States
Code.
(2) Coronavirus.--The term ``coronavirus'' means SARS-CoV-2
or another coronavirus with pandemic potential.
(3) Covered loss.--The term ``covered loss'' includes losses
incurred directly or indirectly as a result of coronavirus, as
determined by the Secretary.
(4) Eligible business.--The term ``eligible business''
means--
(A) an air carrier; or
(B) a United States business that has not otherwise
received adequate economic relief in the form of loans
or loan guarantees provided under this Act.
(5) Employee.--Except where the context otherwise requires,
the term ``employee''--
(A) has the meaning given the term in section 2 of
the National Labor Relations Act (29 U.S.C. 152); and
(B) includes any individual employed by an employer
subject to the Railway Labor Act (45 U.S.C. 151 et
seq.).
(6) Equity security; exchange.--The terms ``equity
security'' and ``exchange'' have the meanings given the terms in
section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)).
(7) Municipality.--The term ``municipality'' includes--
(A) a political subdivision of a State, and
(B) an instrumentality of a municipality, a State,
or a political subdivision of a State.
(8) National securities exchange.--The term ``national
securities exchange'' means an exchange registered as a
[[Page 134 STAT. 470]]
national securities exchange under section 6 of the Securities
Exchange Act of 1934 (15 U.S.C. 78f).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury, or the designee of the Secretary of the
Treasury.
(10) State.--The term ``State'' means--
(A) any of the several States;
(B) the District of Columbia;
(C) any of the territories and possessions of the
United States;
(D) any bi-State or multi-State entity; and
(E) any Indian Tribe.
SEC. 4003. <<NOTE: 15 USC 9042.>> EMERGENCY RELIEF AND TAXPAYER
PROTECTIONS.
(a) <<NOTE: Loans.>> In General.--Notwithstanding any other
provision of law, to provide liquidity to eligible businesses, States,
and municipalities related to losses incurred as a result of
coronavirus, the Secretary is authorized to make loans, loan guarantees,
and other investments in support of eligible businesses, States, and
municipalities that do not, in the aggregate, exceed $500,000,000,000
and provide the subsidy amounts necessary for such loans, loan
guarantees, and other investments in accordance with the provisions of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(b) Loans, Loan Guarantees, and Other Investments.--Loans, loan
guarantees, and other investments made pursuant to subsection (a) shall
be made available as follows:
(1) Not more than $25,000,000,000 shall be available to make
loans and loan guarantees for passenger air carriers, eligible
businesses that are certified under part 145 of title 14, Code
of Federal Regulations, and approved to perform inspection,
repair, replace, or overhaul services, and ticket agents (as
defined in section 40102 of title 49, United States Code).
(2) Not more than $4,000,000,000 shall be available to make
loans and loan guarantees for cargo air carriers.
(3) Not more than $17,000,000,000 shall be available to make
loans and loan guarantees for businesses critical to maintaining
national security.
(4) Not more than the sum of $454,000,000,000 and any
amounts available under paragraphs (1), (2), and (3) that are
not used as provided under those paragraphs shall be available
to make loans and loan guarantees to, and other investments in,
programs or facilities established by the Board of Governors of
the Federal Reserve System for the purpose of providing
liquidity to the financial system that supports lending to
eligible businesses, States, or municipalities by--
(A) purchasing obligations or other interests
directly from issuers of such obligations or other
interests;
(B) purchasing obligations or other interests in
secondary markets or otherwise; or
(C) making loans, including loans or other advances
secured by collateral.
(c) Terms and Conditions.--
(1) In general.--
(A) Forms; terms and conditions.--A loan, loan
guarantee, or other investment by the Secretary shall be
made under this section in such form and on such terms
and
[[Page 134 STAT. 471]]
conditions and contain such covenants, representations,
warranties, and requirements (including requirements for
audits) as the Secretary determines appropriate. Any
loans made by the Secretary under this section shall be
at a rate determined by the Secretary based on the risk
and the current average yield on outstanding marketable
obligations of the United States of comparable maturity.
(B) <<NOTE: Deadline. Publication.>> Procedures.--
As soon as practicable, but in no case later than 10
days after the date of enactment of this Act, the
Secretary shall publish procedures for application and
minimum requirements, which may be supplemented by the
Secretary in the Secretary's discretion, for making
loans, loan guarantees, or other investments under
paragraphs (1), (2) and (3) of subsection (b) .
(2) <<NOTE: Time periods. Determinations.>> Loans and loan
guarantees .--The Secretary may enter into agreements to make
loans or loan guarantees to 1 or more eligible businesses under
paragraphs (1), (2) and (3) of subsection (b) if the Secretary
determines that, in the Secretary's discretion--
(A) the applicant is an eligible business for which
credit is not reasonably available at the time of the
transaction;
(B) the intended obligation by the applicant is
prudently incurred;
(C) the loan or loan guarantee is sufficiently
secured or is made at a rate that--
(i) reflects the risk of the loan or loan
guarantee; and
(ii) is to the extent practicable, not less
than an interest rate based on market conditions
for comparable obligations prevalent prior to the
outbreak of the coronavirus disease 2019 (COVID-
19);
(D) the duration of the loan or loan guarantee is as
short as practicable and in any case not longer than 5
years;
(E) the agreement provides that, until the date 12
months after the date the loan or loan guarantee is no
longer outstanding, neither the eligible business nor
any affiliate of the eligible business may purchase an
equity security that is listed on a national securities
exchange of the eligible business or any parent company
of the eligible business, except to the extent required
under a contractual obligation in effect as of the date
of enactment of this Act;
(F) the agreement provides that, until the date 12
months after the date the loan or loan guarantee is no
longer outstanding, the eligible business shall not pay
dividends or make other capital distributions with
respect to the common stock of the eligible business;
(G) the agreement provides that, until September 30,
2020, the eligible business shall maintain its
employment levels as of March 24, 2020, to the extent
practicable, and in any case shall not reduce its
employment levels by more than 10 percent from the
levels on such date;
(H) <<NOTE: Certification.>> the agreement includes
a certification by the eligible business that it is
created or organized in the United States or under the
laws of the United States
[[Page 134 STAT. 472]]
and has significant operations in and a majority of its
employees based in the United States; and
(I) <<NOTE: Determination.>> for purposes of a loan
or loan guarantee under paragraphs (1), (2), and (3) of
subsection (b), the eligible business must have incurred
or is expected to incur covered losses such that the
continued operations of the business are jeopardized, as
determined by the Secretary.
(3) Federal reserve programs or facilities.--
(A) Terms and conditions.--
(i) Definition.--In this paragraph, the term
``direct loan'' means a loan under a bilateral
loan agreement that is --
(I) entered into directly with an
eligible business as borrower; and
(II) not part of a syndicated loan,