Division N — Additional Coronavirus Response and Relief

116th Congress · Approved Dec 27, 2020 · 134 Stat. 1182

DIVISION N Additional Coronavirus Response and Relief

TITLE I Healthcare

SEC. 101. Supporting Physicians and Other Professionals in Adjusting to Medicare Payment Changes During 2021.

(a)

In General.— Section 1848 of the Social Security Act (42 U.S.C. 1395w–4) is amended by adding at the end the following new subsection:

“(t) Supporting Physicians and Other Professionals in Adjusting to Medicare Payment Changes During 2021.—

“(1) In general.—In order to support physicians and other professionals in adjusting to changes in payment for physicians’ services during 2021, the Secretary shall increase fee schedules under subsection (b) that establish payment amounts for such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent.

“(2) Implementation.—

“(A) Administration.—Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.

“(B) Limitation.—There shall be no administrative or judicial review under section 1869, 1878 or otherwise of the fee schedules that establish payment amounts calculated pursuant to this subsection.

“(C) Application only for 2021.—The increase in fee schedules that establish payment amounts under this subsection shall not be taken into account in determining such fee schedules that establish payment amounts for services furnished in years after 2021.

“(3) Funding.—For purposes of increasing the fee schedules that establish payment amounts pursuant to this subsection—

“(A) there shall be transferred from the General Fund of the Treasury to the Federal Supplementary Medical Insurance Trust Fund under section 1841, $3,000,000,000, to remain available until expended; and

“(B) in the event the Secretary determines additional amounts are necessary, such amounts shall be available from the Federal Supplementary Medical Insurance Trust Fund.”

(b)

Exemption of Additional Expenditures From Physician Fee Schedule Budget-neutrality.— Such section 1848 is amended, in subsection (c)(2)(B)(iv)—

(1)

in subclause (III), by striking “ and” at the end;

(2)

in subclause (IV), by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following new subclause:

“(V) subsection (t) shall not be taken into account in applying clause (ii)(II) for 2021.”

(c)

Report.— Not later than April 1, 2022, the Secretary of Health and Human Services shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives on the increase in fee schedules that establish payment amounts for physicians’ services under section 1848(t) of the Social Security Act, as added by subsection (a). Such report shall include the aggregate amount of the increase in payment amounts under such section, including information regarding any payments made in excess of the amount of funding provided under paragraph (3)(A) of such section.

SEC. 102. Extension of Temporary Suspension of Medicare Sequestration.

(a)

In General.— Section 3709(a) of division A of the CARES Act (2 U.S.C. 901a note) is amended by striking “ December 31, 2020” and inserting “ March 31, 2021”.

(b)

Effective Date.— The amendment made by subsection (a) shall take effect as if enacted as part of the CARES Act (Public Law 116–136).

TITLE II Assistance to Individuals, Families, and Businesses

Subtitle A Unemployment Insurance

CHAPTER 1 Continued Assistance to Unemployed Workers

SEC. 200. Short Title.

This chapter may be cited as the “Continued Assistance for Unemployed Workers Act of 2020”.

Subchapter I Extension of CARES Act Unemployment Provisions

SEC. 201. Extension and Benefit Phaseout Rule for Pandemic Unemployment Assistance.

(a)

In General.— Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)) is amended—

(1)

in paragraph (1)—

(A)

by striking “ paragraph (2)” and inserting “ paragraphs (2) and (3)”; and

(B)

in subparagraph (A)(ii), by striking “ December 31, 2020” and inserting “ March 14, 2021”; and

(2)

by redesignating paragraph (3) as paragraph (4); and

(3)

by inserting after paragraph (2) the following:

“(3) Transition rule for individuals remaining entitled to pandemic unemployment assistance as of march 14, 2021.—

“(A) In general.—Subject to subparagraph (B), in the case of any individual who, as of the date specified in paragraph (1)(A)(ii), is receiving pandemic unemployment assistance but has not yet exhausted all rights to such assistance under this section, pandemic unemployment assistance shall continue to be payable to such individual for any week beginning on or after such date for which the individual is otherwise eligible for pandemic unemployment assistance.

“(B) Termination.—Notwithstanding any other provision of this subsection, no pandemic unemployment assistance shall be payable for any week beginning after April 5, 2021.”

(b)

Increase in Number of Weeks.— Section 2102(c)(2) of the CARES Act (15 U.S.C. 9021(c)(2)) is amended—

(1)

by striking “ 39 weeks” and inserting “ 50 weeks”; and

(2)

by striking “ 39-week period” and inserting “ 50-week period”.

(c)

Appeals.—

(1)

In general.— Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)), as amended by subsections (a) and (b), is amended by adding at the end the following:

“(5) Appeals by an individual.—

“(A) In general.—An individual may appeal any determination or redetermination regarding the rights to pandemic unemployment assistance under this section made by the State agency of any of the States.

“(B) Procedure.—All levels of appeal filed under this paragraph in the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands—

“(i) shall be carried out by the applicable State that made the determination or redetermination; and

“(ii) shall be conducted in the same manner and to the same extent as the applicable State would conduct appeals of determinations or redeterminations regarding rights to regular compensation under State law.

“(C) Procedure for certain territories.—With respect to any appeal filed in Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Republic of the Marshall Islands, and the Republic of Palau—

“(i) lower level appeals shall be carried out by the applicable entity within the State;

“(ii) if a higher level appeal is allowed by the State, the higher level appeal shall be carried out by the applicability entity within the State; and

“(iii) appeals described in clauses (i) and (ii) shall be conducted in the same manner and to the same extent as appeals of regular unemployment compensation are conducted under the unemployment compensation law of Hawaii.”

(2)

Effective date.— The amendment made by paragraph (1) shall take effect as if enacted as part of division A of the CARES Act (Public Law 116–136), except that any decision issued on appeal or review before the date of enactment of this Act shall not be affected by the amendment made by paragraph (1).

(d)

Waiver Authority for Certain Overpayments of Pandemic Unemployment Assistance.— Section 2102(d) of the CARES Act (15 U.S.C. 9021(d)) is amended by adding at the end the following:

“(4) Waiver authority.—In the case of individuals who have received amounts of pandemic unemployment assistance to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that—

“(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and

“(B) such repayment would be contrary to equity and good conscience.”

(e)

Hold Harmless for Proper Administration.— In the case of an individual who is eligible to receive pandemic unemployment assistance under section 2102 the CARES Act (15 U.S.C. 9021) as of the day before the date of enactment of this Act and on the date of enactment of this Act becomes eligible for pandemic emergency unemployment compensation under section 2107 of the CARES Act (15 U.S.C. 9025) by reason of the amendments made by section 206(b) of this subtitle, any payment of pandemic unemployment assistance under such section 2102 made after the date of enactment of this Act to such individual during an appropriate period of time, as determined by the Secretary of Labor, that should have been made under such section 2107 shall not be considered to be an overpayment of assistance under such section 2102, except that an individual may not receive payment for assistance under section 2102 and a payment for assistance under section 2107 for the same week of unemployment.

(f)

Limitation.— In the case of a covered individual whose first application for pandemic unemployment assistance under section 2102 of the CARES Act (15 U.S.C. 9021) is filed after the date of enactment of this Act, subsection (c)(1)(A)(i) of such section 2102 shall be applied by substituting “December 1, 2020” for “January 27, 2020”.

(g)

Effective Date.— The amendments made by subsections (a), (b), (c), and (d) shall apply as if included in the enactment of the CARES Act (Public Law 116–136), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.

SEC. 202. Extension of Emergency Unemployment Relief for Governmental Entities and Nonprofit Organizations.

Section 903(i)(1)(D) of the Social Security Act (42 U.S.C. 1103(i)(1)(D)) is amended by striking “ December 31, 2020” and inserting “ March 14, 2021”.

SEC. 203. Extension of Federal Pandemic Unemployment Compensation.

(a)

In General.— Section 2104(e) of the CARES Act (15 U.S.C. 9023(e)) is amended to read as follows:

“(e) Applicability.—An agreement entered into under this section shall apply—

“(1) to weeks of unemployment beginning after the date on which such agreement is entered into and ending on or before July 31, 2020; and

“(2) to weeks of unemployment beginning after December 26, 2020 (or, if later, the date on which such agreement is entered into), and ending on or before March 14, 2021.”

(b)

Amount.—

(1)

In general.— Section 2104(b) of the CARES Act (15 U.S.C. 9023(b)) is amended—

(A)

in paragraph (1)(B), by striking “ of $600” and inserting “ equal to the amount specified in paragraph (3)”; and

(B)

by adding at the end the following new paragraph:

“(3) Amount of federal pandemic unemployment compensation.—

“(A) In general.—The amount specified in this paragraph is the following amount:

“(i) For weeks of unemployment beginning after the date on which an agreement is entered into under this section and ending on or before July 31, 2020, $600.

“(ii) For weeks of unemployment beginning after December 26, 2020 (or, if later, the date on which such agreement is entered into), and ending on or before March 14, 2021, $300.”

(2)

Technical amendment regarding application to short-time compensation programs and agreements.— Section 2104(i)(2) of the CARES Act (15 U.S.C. 9023(i)(2)) is amended—

(A)

in subparagraph (C), by striking “ and” at the end;

(B)

in subparagraph (D), by striking the period at the end and inserting “ ; and”; and

(C)

by adding at the end the following:

“(E) short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986).”

SEC. 204. Extension of Federal Funding of the First Week of Compensable Regular Unemployment for States with No Waiting Week.

Section 2105 of the CARES Act (15 U.S.C. 9024) is amended—

(1)

in subsection (c)—

(A)

in paragraph (1), by striking “ There shall be paid” and inserting “ Except as provided in paragraph (3), there shall be paid”; and

(B)

by adding at the end the following:

“(3) Partial reimbursement.—With respect to compensation paid to individuals for weeks of unemployment ending after December 31, 2020, paragraph (1) shall be applied by substituting ‘50 percent’ for ‘100 percent’.”

; and

(2)

in subsection (e)(2), by striking “ December 31, 2020” and inserting “ March 14, 2021”.

SEC. 205. Extension of Emergency State Staffing Flexibility.

Section 4102(b) of the Families First Coronavirus Response Act (26 U.S.C. 3304 note), in the second sentence, is amended by striking “ December 31, 2020” and inserting “ March 14, 2021”.

SEC. 206. Extension and Benefit Phaseout Rule for Pandemic Emergency Unemployment Compensation.

(a)

In General.— Section 2107(g) of the CARES Act (15 U.S.C. 9025(g)) is amended to read as follows:

“(g) Applicability.—

“(1) In general.—Except as provided in paragraphs (2) and (3), an agreement entered into under this section shall apply to weeks of unemployment—

“(A) beginning after the date on which such agreement is entered into; and

“(B) ending on or before March 14, 2021.

“(2) Transition rule for individuals remaining entitled to pandemic emergency unemployment compensation as of march 14, 2021.—In the case of any individual who, as of the date specified in paragraph (1)(B), is receiving Pandemic Emergency Unemployment Compensation but has not yet exhausted all rights to such assistance under this section, Pandemic Emergency Unemployment Compensation shall continue to be payable to such individual for any week beginning on or after such date for which the individual is otherwise eligible for Pandemic Emergency Unemployment Compensation.

“(3) Termination.—Notwithstanding any other provision of this subsection, no Pandemic Emergency Unemployment Compensation shall be payable for any week beginning after April 5, 2021.”

(b)

Increase in Number of Weeks.— Section 2107(b)(2) of the CARES Act (15 U.S.C. 9025(b)(2)) is amended by striking “ 13” and inserting “ 24”.

(c)

Coordination Rules.—

(1)

Coordination of pandemic emergency unemployment compensation with regular compensation.— Section 2107(b) of the CARES Act (15 U.S.C. 9025(b)) is amended by adding at the end the following:

“(4) Coordination of pandemic emergency unemployment compensation with regular compensation.—

“(A) In general.—If—

“(i) an individual has been determined to be entitled to pandemic emergency unemployment compensation with respect to a benefit year;

“(ii) that benefit year has expired;

“(iii) that individual has remaining entitlement to pandemic emergency unemployment compensation with respect to that benefit year; and

“(iv) that individual would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least $25 less than the individual’s weekly benefit amount in the benefit year referred to in clause (i),

“(B) Determination of eligibility.—For individuals described in subparagraph (A), the State shall determine whether the individual is to be paid pandemic emergency unemployment compensation or regular compensation for a week of unemployment using one of the following methods:

“(i) The State shall, if permitted by State law, establish a new benefit year, but defer the payment of regular compensation with respect to that new benefit year until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i).

“(ii) The State shall, if permitted by State law, defer the establishment of a new benefit year (which uses all the wages and employment which would have been used to establish a benefit year but for the application of this subparagraph), until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i).

“(iii) The State shall pay, if permitted by State law—

“(I) regular compensation equal to the weekly benefit amount established under the new benefit year; and

“(II) pandemic emergency unemployment compensation equal to the difference between that weekly benefit amount and the weekly benefit amount for the expired benefit year.

“(iv) The State shall determine rights to pandemic emergency unemployment compensation without regard to any rights to regular compensation if the individual elects to not file a claim for regular compensation under the new benefit year.”

(2)

Coordination of pandemic emergency unemployment compensation with extended compensation.—

(A)

Individuals receiving extended compensation as of the date of enactment.— Section 2107(a)(5) of the CARES Act (15 U.S.C. 9025(a)(5)) is amended—

(i)

by striking “ Rule.—An agreement” and inserting the following:

“(A) In general.—Subject to subparagraph (B), an agreement”

; and

(ii)

by adding at the end the following:

“(B) Special rule.—In the case of an individual who is receiving extended compensation under the State law for the week that includes the date of enactment of this subparagraph (without regard to the amendments made by subsections (a) and (b) of section 206 of the Continued Assistance for Unemployed Workers Act of 2020), such individual shall not be eligible to receive pandemic emergency unemployment compensation by reason of such amendments until such individual has exhausted all rights to such extended benefits.”

(B)

Eligibility for extended compensation.— Section 2107(a) of the CARES Act (15 U.S.C. 9025(a)) is amended by adding at the end the following:

“(8) Special rule for extended compensation.—At the option of a State, for any weeks of unemployment beginning after the date of the enactment of this paragraph and before April 12, 2021, an individual’s eligibility period (as described in section 203(c) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) shall, for purposes of any determination of eligibility for extended compensation under the State law of such State, be considered to include any week which begins—

“(A) after the date as of which such individual exhausts all rights to pandemic emergency unemployment compensation; and

“(B) during an extended benefit period that began on or before the date described in subparagraph (A).”

(d)

Effective Date.—

(1)

In general.— Except as provided in paragraph (2), the amendments made by this section shall apply as if included in the enactment of the CARES Act (Public Law 116–136), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.

(2)

Coordination rules.— The amendments made by subsection (c)(1) shall apply to individuals whose benefit years, as described in section 2107(b)(4)(A)(ii) of the CARES Act, expire after the date of enactment of this Act.

SEC. 207. Extension of Temporary Financing of Short-Time Compensation Payments in States with Programs in Law.

Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2)) is amended by striking “ December 31, 2020” and inserting “ March 14, 2021”.

SEC. 208. Extension of Temporary Financing of Short-Time Compensation Agreements for States Without Programs in Law.

Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2)) is amended by striking “ December 31, 2020” and inserting “ March 14, 2021”.

SEC. 209. Technical Amendment to References to Regulation in Cares Act.

(a)

In General.— Section 2102(h) of the CARES Act (Public Law 116-136) is amended by striking “ section 625” in each place it appears and inserting “ part 625”.

(b)

Effective Date.— The amendment made by this section shall take effect as if included in section 2102 of the CARES Act (Public Law 116-136).

Subchapter II Extension of FFCRA Unemployment Provisions

SEC. 221. Extension of Temporary Assistance for States with Advances.

Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking “ December 31, 2020” and inserting “ March 14, 2021”.

SEC. 222. Extension of Full Federal Funding of Extended Unemployment Compensation.

Section 4105 of the Families First Coronavirus Response Act (26 U.S.C. 3304 note) is amended—

(1)

in subsection (a), by striking “ December 31, 2020” and inserting “ March 14, 2021”; and

(2)

in subsection (b), by striking “ ending on or before December 31, 2020” and inserting “ before March 14, 2021”.

Subchapter III Continued Assistance to Rail Workers

SEC. 231. Short Title.

This subchapter may be cited as the “Continued Assistance to Rail Workers Act of 2020”.

SEC. 232. Additional Enhanced Benefits under the Railroad Unemployment Insurance Act.

(a)

In General.— Section 2(a)(5)(A) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is amended—

(1)

in the first sentence—

(A)

by inserting “ and for registration periods beginning after December 26, 2020, but on or before March 14, 2021,” after “ July 31, 2020,”;

(B)

by striking “ in the amount of $1,200”; and

(C)

by striking “ July 1, 2019” and inserting “ July 1, 2019, or July 1, 2020”; and

(2)

by adding at the end the following: “ For registration periods beginning on or after April 1, 2020, but on or before July 31, 2020, the recovery benefit payable under this subparagraph shall be in the amount of $1,200. For registration periods beginning after December 26, 2020, but on or before March 14, 2021, the recovery benefit payable under this subparagraph shall be in the amount of $600.”.

(b)

Clarification on Authority to Use Funds.— Funds appropriated under subparagraph (B) of section 2(a)(5) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)) shall be available to cover the cost of recovery benefits provided under such section 2(a)(5) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(a)(5) as in effect on the day before the date of enactment of this Act.

SEC. 233. Extended Unemployment Benefits under the Railroad Unemployment Insurance Act.

(a)

In General.— Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)) is amended—

(1)

in clause (i)—

(A)

in subclause (I), by striking “ 130 days” and inserting “ 185 days”;

(B)

in subclause (II), by striking “ 13 consecutive 14-day periods” and inserting “ 19 consecutive 14-day periods, except that no extended benefit period shall end before 6 consecutive 14-day periods after the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 have elapsed”;

(2)

in clause (ii), by striking “ if such clause had not been enacted.” and inserting

“(A) subparagraph (A) were applied by substituting ‘120 days of unemployment’ for ‘65 days of unemployment’; and

“(B) subparagraph (B) were applied by inserting ‘(or, in the case of unemployment benefits, 12 consecutive 14-day periods, except that no extended benefit period shall end before 6 consecutive 14-day periods after the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 have elapsed)’ after ‘7 consecutive 14-day periods’.”

; and

(3)

in clause (iii)—

(A)

by striking “ June 30, 2020” and inserting “ June 30, 2021”;

(B)

by striking “ no extended benefit period under this paragraph shall begin after December 31, 2020” and inserting “ the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.”; and

(C)

by striking “ clause (iv)” and inserting “ clause (v)”;

(4)

by redesignating clause (iv) as clause (v); and

(5)

by inserting after clause (iii) the following:

“(iv) Treatment of certain calendar days.—No calendar day occurring during the period beginning on the first date with respect to which the employee has exhausted all rights to extended unemployment benefits under this paragraph as in effect on the day before the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 and ending with the date of such enactment may be treated as a day of unemployment for purposes of the payment of extended unemployment benefits under this paragraph.”

(b)

Application.— The amendments made by subsection (a) shall apply as if included in the enactment of the CARES Act (15 U.S.C. 9001 et seq.).

(c)

Clarification on Authority to Use Fund.— Funds appropriated under either the first or second sentence of clause (v) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act (as redesignated by subsection (a)(4)) 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. 234. Extension of Waiver of the 7-Day Waiting Period for Benefits under the Railroad Unemployment Insurance Act.

(a)

In General.— Section 2112(a) of the CARES Act (15 U.S.C. 9030(a)) is amended by striking “ December 31, 2020” and inserting “ March 14, 2021”.

(b)

Operating Instructions and Regulations.— The Railroad Retirement Board may prescribe any operating instructions or regulations necessary to carry out this section.

(c)

Clarification on Authority To Use Funds.— Funds appropriated under section 2112(c) of the CARES Act (15 U.S.C. 9030(c)) shall be available to cover the cost of additional benefits payable due to section 2112(a) of such Act by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits payable due to such section 2112(a) as in effect on the day before the date of enactment of this Act.

SEC. 235. Treatment of Payments from the Railroad Unemployment Insurance Account.

(a)

In General.— Section 256(i)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(i)(1)) is amended—

(1)

in subparagraph (B), by striking “ and” at the end;

(2)

in subparagraph (C), by inserting “ and” at the end; and

(3)

by inserting after subparagraph (C) the following new subparagraph:

“(D) any payment made from the Railroad Unemployment Insurance Account (established by section 10 of the Railroad Unemployment Insurance Act) for the purpose of carrying out the Railroad Unemployment Insurance Act, and funds appropriated or transferred to or otherwise deposited in such Account,”

(b)

Effective Date.— The treatment of payments made from the Railroad Unemployment Insurance Account pursuant to the amendment made by subsection (a)—

(1)

shall take effect 7 days after the date of the enactment of this Act; and

(2)

shall apply only to obligations incurred during the period beginning on the effective date described in paragraph (1) and ending on the date that is 30 days after the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates.

(c)

Sunset.— The amendments made by subsection (a) shall be repealed on the date that is 30 days after the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates.

Subchapter IV Improvements to Pandemic Unemployment Assistance to Strengthen Program Integrity

SEC. 241. Requirement to Substantiate Employment or Self-Employment and Wages Earned or Paid to Con Firm Eligibility for Pandemic Unemployment Assistance.

(a)

In General.— Section 2102(a)(3)(A) of the CARES Act (15 U.S.C. 9021(a)(3)(A)) is amended—

(1)

in clause (i), by striking “ and” at the end;

(2)

by inserting after clause (ii) the following:

“(iii) provides documentation to substantiate employment or self-employment or the planned commencement of employment or self-employment not later than 21 days after the later of the date on which the individual submits an application for pandemic unemployment assistance under this section or the date on which an individual is directed by the State Agency to submit such documentation in accordance with section 625.6(e) of title 20, Code of Federal Regulations, or any successor thereto, except that such deadline may be extended if the individual has shown good cause under applicable State law for failing to submit such documentation; and”

(b)

Applicability.—

(1)

In general.— Subject to paragraphs (2) and (3), the amendments made by subsection (a) shall apply to any individual who files a new application for pandemic unemployment assistance or claims pandemic unemployment assistance for any week of unemployment under section 2102 of the CARES Act (15 U.S.C. 9021) on or after January 31, 2021.

(2)

Special rule.— An individual who received pandemic unemployment assistance under section 2102 of the CARES Act (15 U.S.C. 9021) for any week ending before the date of enactment of this Act shall not be considered ineligible for such assistance for such week solely by reason of failure to submit documentation described in clause (iii) of subsection (a)(3)(A) of such section 2102, as added by subsection (a).

(3)

Prior applicants.— With respect to an individual who applied for pandemic unemployment assistance under section 2102 of the CARES Act (15 U.S.C. 9021) before January 31, 2021, and receives such assistance on or after the date of enactment of this Act, clause (iii) of subsection (a)(3)(A) of such section shall be applied by substituting “90 days” for “21 days”.

SEC. 242. Requirement for States to Verify Identity of Applicants for Pandemic Unemployment Assistance.

(a)

In General.— Section 2102(f) of the CARES Act (15 U.S.C. 9021(f)) is amended—

(1)

in paragraph (1), by inserting “ , including procedures for identity verification or validation and for timely payment, to the extent reasonable and practicable” before the period at the end; and

(2)

in paragraph (2)(B), by inserting “ and expenses related to identity verification or validation and timely and accurate payment” before the period at the end.

(b)

Applicability.— The requirements imposed by the amendments made by this section shall apply, with respect to agreements made under section 2102 of the CARES Act, beginning on the date that is 30 days after the date of enactment of this Act.

Subchapter V Return to Work Reporting Requirement

SEC. 251. Return to Work Reporting for Cares Act Agreements.

(a)

In General.— Subtitle A of title II of division A of the CARES Act (Public Law 116–136) is amended by adding at the end the following:

“SEC. 2117. RETURN TO WORK REPORTING.

“Each State participating in an agreement under any of the preceding sections of this subtitle shall have in effect a method to address any circumstances in which, during any period during which such agreement is in effect, claimants of unemployment compensation refuse to return to work or to accept an offer of suitable work without good cause. Such method shall include the following:

“(1) A reporting method for employers, such as through a phone line, email, or online portal, to notify the State agency when an individual refuses an offer of employment.

“(2) A plain-language notice provided to such claimants about State return to work laws, rights to refuse to return to work or to refuse suitable work, including what constitutes suitable work, and a claimant’s right to refuse work that poses a risk to the claimant’s health or safety, and information on contesting the denial of a claim that has been denied due to a report by an employer that the claimant refused to return to work or refused suitable work.”

(b)

Effective Date.— The requirements imposed by this section shall take effect 30 days from the date of enactment of this Act.

Subchapter VI Other Related Provisions and Technical Corrections

SECTION 261. Mixed Earner Unemployment Compensation.

(a)

In General.— Section 2104(b) of the CARES Act (15 U.S.C. 9023(b)(1)), as amended by section 1103, is further amended—

(1)

in paragraph (1)—

(A)

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

(B)

by adding at the end the following:

“(C) an additional amount of $100 (in this section referred to as ‘Mixed Earner Unemployment Compensation’) in any case in which the individual received at least $5,000 of self-employment income (as defined in section 1402(b) of the Internal Revenue Code of 1986) in the most recent taxable year ending prior to the individual’s application for regular compensation.”

; and

(2)

by adding at the end the following:

“(4) Certain documentation required.—An agreement under this section shall include a requirement, similar to the requirement under section 2102(a)(3)(A)(iii), for the substantiation of self-employment income with respect to each applicant for Mixed Earner Unemployment Compensation under paragraph (1)(C).”

(b)

Conforming Amendments.—

(1)

Federal pandemic unemployment compensation.— Section 2104 of such Act is amended—

(A)

by inserting “ or Mixed Earner Unemployment Compensation” after “ Federal Pandemic Unemployment Compensation” each place such term appears in subsection (b)(2), (c), or (f) of such section;

(B)

in subsection (d), by inserting “ and Mixed Earner Unemployment Compensation” after “ Federal Pandemic Unemployment Compensation”; and

(C)

in subsection (g), by striking “ provide that” and all that follows through the end and inserting

“(1) the purposes of the preceding provisions of this section, as such provisions apply with respect to Federal Pandemic Unemployment Compensation, 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; and

“(2) the purposes of the preceding provisions of this section, as such provisions apply with respect to Mixed Earner Unemployment Compensation, shall be applied with respect to unemployment benefits described in subparagraph (A), (B), (D), or (E) of subsection (i)(2) to the same extent and in the same manner as if those benefits were regular compensation.”

(2)

Pandemic emergency unemployment compensation.— Section 2107(a)(4)(A) of such Act is amended—

(A)

in clause (i), by striking “ and”;

(B)

in clause (ii), by striking “ section 2104;” and inserting “ section 2104(b)(1)(B); and”; and

(C)

by adding at the end the following:

“(iii) the amount (if any) of Mixed Earner Unemployment Compensation under section 2104(b)(1)(C);”

(c)

State’s Right of Non-participation.— Any State participating in an agreement under section 2104 of the CARES Act may elect to continue paying Federal Pandemic Unemployment Compensation under such agreement without providing Mixed Earner Unemployment Compensation pursuant to the amendments made by this section. Such amendments shall apply with respect to such a State only if the State so elects, in which case such amendments shall apply with respect to weeks of unemployment beginning on or after the later of the date of such election or the date of enactment of this section.

SEC. 262. Lost Wages Assistance Recoupment Fairness.

(a)

Definitions.— In this section—

(1)

the term “covered assistance” means assistance provided for supplemental lost wages payments under subsections (e)(2) and (f) of section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), as authorized under the emergency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of such Act (42 U.S.C. 5191(b)) and under any subsequent major disaster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency declaration; and

(2)

the term “State” has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

(b)

Waiver Authority for State Liability.— In the case of any individual who has received amounts of covered assistance to which the individual is not entitled, the State shall require the individual to repay the amounts of such assistance to the State agency, except that the State agency may waive such repayment if the State agency determines that—

(1)

the payment of such covered assistance was without fault on the part of the individual; and

(2)

such repayment would be contrary to equity and good conscience.

(c)

Waiver Authority for Federal Liability.— Any waiver of debt issued by a State under subsection (b) shall also waive the debt owed to the United States.

(d)

Reporting.—

(1)

State reporting.— If a State issues a waiver of debt under subsection (b), the State shall report such waiver to the Administrator of the Federal Emergency Management Agency.

(2)

OIG reporting.— Not later than 6 months after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall submit a report that assesses the efforts of the States to waive recoupment related to lost wages assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) to—

(A)

the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, and the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate; and

(B)

the Committee on Transportation and Infrastructure, Committee on Ways and Means, and the Subcommittee on Homeland Security of the Committee on Appropriations of the House of Representatives.

SEC. 263. Continuing Eligibility for Certain Recipients of Pandemic Unemployment Assistance.

(a)

In General.— Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)), as amended by section 201, is further amended by adding at the end the following:

“(6) Continued eligibility for assistance.—As a condition of continued eligibility for assistance under this section, a covered individual shall submit a recertification to the State for each week after the individual’s 1st week of eligibility that certifies that the individual remains an individual described in subsection (a)(3)(A)(ii) for such week.”

(b)

Effective Date; Special Rule.—

(1)

In general.— The amendment made by subsection (a) shall apply with respect to weeks beginning on or after the date that is 30 days after the date of enactment of this section.

(2)

Special rule.— In the case of any State that made a good faith effort to implement section 2102 of division A of the CARES Act (15 U.S.C. 9021) in accordance with rules similar to those provided in section 625.6 of title 20, Code of Federal Regulations, for weeks ending before the effective date specified in paragraph (1), an individual who received pandemic unemployment assistance from such State for any such week shall not be considered ineligible for such assistance for such week solely by reason of failure to submit a recertification described in subsection (c)(5) of such section 2102.

SEC. 264. Technical Correction for Nonprofit Organizations Classified as Federal Trust Instrumentalities.

(a)

In General.— Section 903(i)(1) of the Social Security Act (42 U.S.C. 1103(i)(1)) is amended—

(1)

in subparagraph (B), in the first sentence, by inserting “ and to service provided by employees of an entity created by Public Law 85–874 (20 U.S.C. 76h et seq.)” after “ of such Code applies”; and

(2)

in subparagraph (C), by inserting “ or an entity created by Public Law 85–874 (20 U.S.C. 76h et seq.)” before the period at the end.

(b)

Effective Date.— The amendments made by this section shall take effect as if included in the enactment of section 2103 of the CARES Act (Public Law 116–136).

SEC. 265. Technical Correction for the Commonwealth of Northern Mariana Islands.

A Commonwealth Only Transitional Worker (as defined in section 6(i)(2) of the Joint Resolution entitled “A Joint Resolution to approve the ‘Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America’, and for other purposes” (48 U.S.C. 1806)) shall be considered a qualified alien under section 431 of Public Law 104-193 (8 U.S.C. 1641) for purposes of eligibility for a benefit under section 2102 or 2104 of the CARES Act.

SEC. 266. Waiver to Preserve Access to Extended Benefits in High Unemployment States.

(a)

In General.— For purposes of determining the beginning of an extended benefit period (or a high unemployment period) under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) during the period beginning on November 1, 2020, and ending December 31, 2021, section 203 of such Act may be applied without regard to subsection (b)(1)(B) of such section.

(b)

Rulemaking Authority; Technical Assistance.— The Secretary of Labor shall issue such rules or other guidance as the Secretary determines may be necessary for the implementation of subsection (a), and shall provide technical assistance to States as needed to facilitate such implementation.

Subtitle B COVID-related Tax Relief Act of 2020

SEC. 271. Short Title; Table of Contents.

(a)

Short Title.— This subtitle may be cited as the “COVID-related Tax Relief Act of 2020”.

(b)

Amendment of 1986 Code.— Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.

(c)

Table of Contents.— The table of contents of this Act is as follows:

Sec. 271. Short title; table of contents.

Sec. 272. Additional 2020 recovery rebates for individuals.

Sec. 273. Amendments to recovery rebates under the CARES Act.

Sec. 274. Extension of certain deferred payroll taxes.

Sec. 275. Regulations or guidance clarifying application of educator expense tax deduction.

Sec. 276. Clarification of tax treatment of forgiveness of covered loans.

Sec. 277. Emergency financial aid grants.

Sec. 278. Clarification of tax treatment of certain loan forgiveness and other business financial assistance under the CARES Act.

Sec. 279. Authority to waive certain information reporting requirements.

Sec. 280. Application of special rules to money purchase pension plans.

Sec. 281. Election to waive application of certain modifications to farming losses.

Sec. 282. Oversight and audit reporting.

Sec. 283. Disclosures to identify tax receivables not eligible for collection pursuant to qualified tax collection contracts.

Sec. 284. Modification of certain protections for taxpayer return information.

Sec. 285. 2020 election to terminate transfer period for qualified transfers from pension plan for covering future retiree costs.

Sec. 286. Extension of credits for paid sick and family leave.

Sec. 287. Election to use prior year net earnings from self-employment in determining average daily self-employment income for purposes of credits for paid sick and family leave.

Sec. 288. Certain technical improvements to credits for paid sick and family leave.

SEC. 272. Additional 2020 Recovery Rebates for Individuals.

(a)

In General.— Subchapter B of chapter 65 of subtitle F is amended by inserting after section 6428 the following new section:

“SEC. 6428A. ADDITIONAL 2020 RECOVERY REBATES FOR INDIVIDUALS.

“(a) In General.—In addition to the credit allowed under section 6428, 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) $600 ( $1,200 in the case of eligible individuals filing a joint return), plus

“(2) an amount equal to the product of $600 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 or a surviving spouse (as defined in section 2(a)),

“(2) $112,500 in the case of a head of household (as defined in section 2(b)), and

“(3) $75,000 in 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 the credit which would (but for this paragraph) be allowable under this section shall be 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.—Except as otherwise provided by the Secretary, 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.—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. For purposes of determining the advance refund amount with respect to such taxable year—

“(A) any individual who was deceased before January 1, 2020, shall be treated for purposes of applying subsection (g) in the same manner as if the valid identification number of such person was not included on the return of tax for such taxable year, and

“(B) no amount shall be determined under this subsection with respect to any qualifying child of the taxpayer if—

“(i) the taxpayer was deceased before January 1, 2020, or

“(ii) in the case of a joint return, both taxpayers were deceased before January 1, 2020.

“(3) Timing and manner of payments.—

“(A) Timing.—

“(i) In general.—The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this subsection as rapidly as possible.

“(ii) Deadline.—

“(I) In general.—Except as provided in subclause (II), no refund or credit shall be made or allowed under this subsection after January 15, 2021.

“(II) Exception for mirror code possessions.—In the case of a possession of the United States which has a mirror code tax system (as such terms are defined in section 272(c) of the COVID-related Tax Relief Act of 2020), no refund or credit shall be made or allowed under this subsection after the earlier of—

“(aa) such date as is determined appropriate by the Secretary, or

“(bb) September 30, 2021.

“(B) Delivery of payments.—Notwithstanding any other provision of law, the Secretary may certify and disburse refunds payable under this subsection electronically to—

“(i) any account to which the payee authorized, on or after January 1, 2019, 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),

“(ii) any account belonging to a payee from which that individual, on or after January 1, 2019, made a payment of taxes under this title, or

“(iii) any Treasury-sponsored account (as defined in section 208.2 of title 31, Code of Federal Regulations).

“(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 subsection.

“(5) Application to certain individuals who do not file a return of tax for 2019.—

“(A) In general.—In the case of a specified 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 use information with respect to such individual which is provided by—

“(i) in the case of a specified social security beneficiary or a specified supplemental security income recipient, the Commissioner of Social Security,

“(ii) in the case of a specified railroad retirement beneficiary, the Railroad Retirement Board, and

“(iii) in the case of a specified veterans beneficiary, the Secretary of Veterans Affairs (in coordination with, and with the assistance of, the Commissioner of Social Security if appropriate).

“(B) Specified individual.—For purposes of this paragraph, the term ‘specified individual’ means any individual who is—

“(i) a specified social security beneficiary,

“(ii) a specified supplemental security income recipient,

“(iii) a specified railroad retirement beneficiary, or

“(iv) a specified veterans beneficiary.

“(C) Specified social security beneficiary.—

“(i) In general.—For purposes of this paragraph, the term ‘specified social security beneficiary’ means any individual who, for the last month for which the Secretary has available information as of the date of enactment of this section, is entitled to any monthly insurance benefit payable under title II of the Social Security Act (42 U.S.C. 401 et seq.), including payments made pursuant to sections 202(d), 223(g), and 223(i)(7) of such Act.

“(ii) Exception.—For purposes of this paragraph, the term ‘specified social security beneficiary’ shall not include any individual if such benefit is not payable for such month by reason of section 202(x)(1)(A) of the Social Security Act (42 U.S.C. 402(x)(1)(A)) or section 1129A of such Act (42 U.S.C. 1320a–8a).

“(D) Specified supplemental security income recipient.—

“(i) In general.—For purposes of this paragraph, the term ‘specified supplemental security income recipient’ means any individual who, for the last month for which the Secretary has available information as of the date of enactment of this section, is eligible for a monthly benefit payable under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), including—

“(I) payments made pursuant to section 1614(a)(3)(C) of such Act (42 U.S.C. 1382c(a)(3)(C)),

“(II) payments made pursuant to section 1619(a) (42 U.S.C. 1382h(a)) or subsections (a)(4), (a)(7), or (p)(7) of section 1631 (42 U.S.C. 1383) of such Act, and

“(III) State supplementary payments of the type referred to in section 1616(a) of such Act (42 U.S.C. 1382e(a)) (or payments of the type described in section 212(a) of Public Law 93–66) which are paid by the Commissioner under an agreement referred to in such section 1616(a) (or section 212(a) of Public Law 93–66).

“(ii) Exception.—For purposes of this paragraph, the term ‘specified supplemental security income recipient’ shall not include any individual if such monthly benefit is not payable for such month by reason of section 1611(e)(1)(A) of the Social Security Act (42 U.S.C. 1382(e)(1)(A)) or section 1129A of such Act (42 U.S.C. 1320a–8a).

“(E) Specified railroad retirement beneficiary.—For purposes of this paragraph, the term ‘specified railroad retirement beneficiary’ means any individual who, for the last month for which the Secretary has available information as of the date of enactment of this section, is entitled to a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under—

“(i) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)),

“(ii) section 2(c) of such Act (45 U.S.C. 231a(c)),

“(iii) section 2(d)(1) of such Act (45 U.S.C. 231a(d)(1)), or

“(iv) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in subparagraph (C)(i).

“(F) Specified veterans beneficiary.—

“(i) In general.—For purposes of this paragraph, the term ‘specified veterans beneficiary’ means any individual who, for the last month for which the Secretary has available information as of the date of enactment of this section, is entitled to a compensation or pension payment payable under—

“(I) section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code,

“(II) section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code,

“(III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code, or

“(IV) section 1805, 1815, or 1821 of title 38, United States Code,

“(ii) Exception.—For purposes of this paragraph, the term ‘specified veterans beneficiary’ shall not include any individual if such compensation or pension payment is not payable, or was reduced, for such month by reason of section 1505 or 5313 of title 38, United States Code.

“(G) Subsequent determinations and redeterminations not taken into account.—For purposes of this section, any individual’s status as a specified social security beneficiary, a specified supplemental security income recipient, a specified railroad retirement beneficiary, or a specified veterans beneficiary shall be unaffected by any determination or redetermination of any entitlement to, or eligibility for, any benefit, payment, or compensation, if such determination or redetermination occurs after the last month for which the Secretary has available information as of the date of enactment of this section.

“(H) Payment to representative payees and fiduciaries.—

“(i) In general.—If the benefit, payment, or compensation referred to in subparagraph (C)(i), (D)(i), (E), or (F)(i) with respect to any specified individual is paid to a representative payee or fiduciary, payment by the Secretary under paragraph (3) with respect to such specified individual shall be made to such individual’s representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment.

“(ii) Application of enforcement provisions.—

“(I) In the case of a payment described in clause (i) which is made with respect to a specified social security beneficiary or a specified supplemental security income recipient, section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a–8(a)(3)) shall apply to such payment in the same manner as such section applies to a payment under title II or XVI of such Act.

“(II) In the case of a payment described in clause (i) which is made with respect to a specified railroad retirement beneficiary, section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to such payment in the same manner as such section applies to a payment under such Act.

“(III) In the case of a payment described in clause (i) which is made with respect to a specified veterans beneficiary, sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to such payment in the same manner as such sections apply to a payment under such title.

“(I) Ineligibility for special rule not to be interpreted as general ineligibility.—An individual shall not fail to be treated as an eligible individual for purposes of this subsection or subsection (a) merely because such individual is not a specified individual (including by reason of subparagraph (C)(ii), (D)(ii), or (F)(ii)).

“(6) Notice to taxpayer.—As soon as practicable after the date on which the Secretary distributed any payment to an eligible taxpayer pursuant to this subsection, the Secretary shall send notice 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.—In the case of a return other than a joint return, the $600 amount in subsection (a)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year.

“(2) Joint returns.—In the case of a joint return, the $1,200 amount in subsection (a)(1) shall be treated as being—

“(A) $600 if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and

“(B) zero if the valid identification number of neither spouse is so included.

“(3) Qualifying child.—A qualifying child of a taxpayer shall not be taken into account under subsection (a)(2) unless—

“(A) the taxpayer includes the valid identification number of such taxpayer (or, in the case of a joint return, the valid identification number of at least 1 spouse) on the return of tax for the taxable year, and

“(B) the valid identification number of such qualifying child is included on the return of tax for the taxable year.

“(4) Valid identification number.—

“(A) In general.—For purposes of this subsection, 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 (3)(B), 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.

“(5) Special rule for members of the armed forces.—Paragraph (2) 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 the valid identification number of at least 1 spouse is included on the return of tax for the taxable year.

“(6) Coordination with certain advance payments.—In the case of any payment under subsection (f) which is based on information provided under paragraph (5) of such subsection, a valid identification number shall be treated for purposes of this subsection as included on the taxpayer’s return of tax if such valid identification number is provided pursuant to subsection (f)(5).

“(7) 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) is amended by striking “ and 6428” and inserting “ 6428, and 6428A”.

(2)

Mathematical or clerical error authority.— Section 6213(g)(2)(L) is amended by striking “ or 6428” and inserting “ 6428, or 6428A”.

(c)

Treatment of Possessions.—

(1)

Payments to possessions.—

(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. 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 6428A 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)

Administrative Provisions.—

(1)

Exception from reduction or offset.— Any refund payable by reason of section 6428A(f) of the Internal Revenue Code of 1986 (as added by this section), or any such refund payable by reason of subsection (c) of this section, shall not be—

(A)

subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code,

(B)

subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986, or

(C)

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

(2)

Assignment of benefits.—

(A)

In general.— The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law.

(B)

Encoding of payments.— In the case of an applicable payment described in subparagraph (E)(iii)(I) that is paid electronically by direct deposit through the Automated Clearing House (ACH) network, the Secretary of the Treasury (or the Secretary’s delegate) shall—

(i)

issue the payment using a unique identifier that is reasonably sufficient to allow a financial institution to identify the payment as an applicable payment, and

(ii)

further encode the payment pursuant to the same specifications as required for a benefit payment defined in section 212.3 of title 31, Code of Federal Regulations.

(C)

Garnishment.—

(i)

Encoded payments.— In the case of a garnishment order that applies to an account that has received an applicable payment that is encoded as provided in subparagraph (B), a financial institution shall follow the requirements and procedures set forth in part 212 of title 31, Code of Federal Regulations, except—

(I)

notwithstanding section 212.4 of title 31, Code of Federal Regulations (and except as provided in subclause (II)), a financial institution shall not fail to follow the procedures of sections 212.5 and 212.6 of such title with respect to a garnishment order merely because such order has attached, or includes, a notice of right to garnish federal benefits issued by a State child support enforcement agency, and

(II)

a financial institution shall not, with regard to any applicable payment, be required to provide the notice referenced in sections 212.6 and 212.7 of title 31, Code of Federal Regulations.

(ii)

Other payments.— In the case of a garnishment order (other than an order that has been served by the United States) that has been received by a financial institution and that applies to an account into which an applicable payment that has not been encoded as provided in subparagraph (B) has been deposited electronically on any date during the lookback period or into which an applicable payment that has been deposited by check on any date in the lookback period, the financial institution, upon the request of the account holder, shall treat the amount of the funds in the account at the time of the request, up to the amount of the applicable payment (in addition to any amounts otherwise protected under part 212 of title 31, Code of Federal Regulations), as exempt from a garnishment order without requiring the consent of the party serving the garnishment order or the judgment creditor.

(iii)

Liability.— A financial institution that acts in good faith in reliance on clauses (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments.

(D)

No reclamation rights.— This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations.

(E)

Definitions.— For purposes of this paragraph—

(i)

Account holder.— The term “account holder” means a natural person whose name appears in a financial institution’s records as the direct or beneficial owner of an account.

(ii)

Account review.— The term “account review” means the process of examining deposits in an account to determine if an applicable payment has been deposited into the account during the lookback period. The financial institution shall perform the account review following the procedures outlined in section 212.5 of title 31, Code of Federal Regulations and in accordance with the requirements of section 212.6 of title 31, Code of Federal Regulations.

(iii)

Applicable payment.— The term “applicable payment” means—

(I)

any advance refund amount paid pursuant to section 6428A(f) of Internal Revenue Code of 1986 (as added by this section),

(II)

any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (c) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and

(III)

any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (c) of this section.

(iv)

Garnishment.— The term “garnishment” means execution, levy, attachment, garnishment, or other legal process.

(v)

Garnishment order.— The term “garnishment order” means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor.

(vi)

Lookback period.— The term “lookback period” means the two month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist.

(3)

Agency information sharing and assistance.—

(A)

In general.— The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall each provide the Secretary of the Treasury (or the Secretary’s delegate) such information and assistance as the Secretary of the Treasury (or the Secretary’s delegate) may require for purposes of—

(i)

making payments under section 6428A(f) of the Internal Revenue Code of 1986 to individuals described in paragraph (5)(A) thereof, or

(ii)

providing administrative assistance to a possession of the United States (as defined in subsection (c)(3)(A)) to allow such possession to promptly distribute payments under subsection (c) to its residents.

(B)

Exchange of information with possessions.— Any information provided to the Secretary of the Treasury (or the Secretary’s delegate) pursuant to subparagraph (A)(ii) may be exchanged with a possession of the United States in accordance with the applicable tax coordination agreement for information exchange and administrative assistance that the Internal Revenue Service has agreed to with such possession.

(e)

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 6428A 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 2019.

(f)

Appropriations to Carry Out Rebates and Address COVID-related Tax Administration Issues.—

(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, 2021:

(A)

Department of the treasury.—

(i)

For an additional amount for “Department of the Treasury—Internal Revenue Service—Taxpayer Services”, $178,335,000, to remain available until September 30, 2021.

(ii)

For an additional amount for “Department of the Treasury—Internal Revenue Service—Operations Support”, $273,237,000, to remain available until September 30, 2021.

(iii)

For an additional amount for “Department of Treasury—Internal Revenue Service—Enforcement”, $57,428,000, to remain available until September 30, 2021.

Amounts made available in appropriations under 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.

(C)

Railroad retirement board.— For an additional amount for “Railroad Retirement Board—Limitation on Administration”, $8,300, to remain available until September 30, 2021.

(2)

Reports.— 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). 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.—

(1)

Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting “ 6428A,” after “ 6428,”.

(2)

The table of sections for subchapter B of chapter 65 of subtitle F is amended by inserting after the item relating to section 6428 the following:

“Sec. 6428A. Additional 2020 recovery rebates for individuals.”.

SEC. 273. Amendments to Recovery Rebates under the Cares Act.

(a)

Amendments to Section 6428 of the Internal Revenue Code of 1986.— Section 6428 is amended—

(1)

in subsection (c)(1), by inserting “ or a surviving spouse (as defined in section 2(a))” after “ joint return”,

(2)

in subsection (f)—

(A)

in paragraph (3)(A), by striking “ section” and inserting “ subsection”,

(B)

in paragraph (4), by striking “ section” and inserting “ subsection”, and

(C)

by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph:

“(6) Payment to representative payees and fiduciaries.—

“(A) In general.—In the case of any individual for which payment information is provided to the Secretary by the Commissioner of Social Security, the Railroad Retirement Board, or the Secretary of Veterans Affairs, the payment by the Secretary under paragraph (3) with respect to such individual may be made to such individual’s representative payee or fiduciary and the entire payment shall be—

“(i) provided to the individual who is entitled to the payment, or

“(ii) used only for the benefit of the individual who is entitled to the payment.

“(B) Application of enforcement provisions.—

“(i) In the case of a payment described in subparagraph (A) which is made with respect to a social security beneficiary or a supplemental security income recipient, section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a–8(a)(3)) shall apply to such payment in the same manner as such section applies to a payment under title II or XVI of such Act.

“(ii) In the case of a payment described in subparagraph (A) which is made with respect to a railroad retirement beneficiary, section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to such payment in the same manner as such section applies to a payment under such Act.

“(iii) In the case of a payment described in subparagraph (A) which is made with respect to a veterans beneficiary, sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to such payment in the same manner as such sections apply to a payment under such title.”

, and

(3)

by striking subsection (g) and inserting the following:

“(g) Identification Number Requirement.—

“(1) Requirements for credit.—Subject to paragraph (2), with respect to the credit allowed under subsection (a), the following provisions shall apply:

“(A) In general.—In the case of a return other than a joint return, the $1,200 amount in subsection (a)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year.

“(B) Joint returns.—In the case of a joint return, the $2,400 amount in subsection (a)(1) shall be treated as being—

“(i) $1,200 if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and

“(ii) zero if the valid identification number of neither spouse is so included.

“(C) Qualifying child.—A qualifying child of a taxpayer shall not be taken into account under subsection (a)(2) unless—

“(i) the taxpayer includes the valid identification number of such taxpayer (or, in the case of a joint return, the valid identification number of at least 1 spouse) on the return of tax for the taxable year, and

“(ii) the valid identification number of such qualifying child is included on the return of tax for the taxable year.

“(2) Requirements for advance refunds.—No refund shall be payable under subsection (f) 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.

“(3) Valid identification number.—

“(A) In general.—For purposes of this subsection, 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 paragraphs (1)(C) and (2)(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.

“(4) Special rule for members of the armed forces.—Paragraphs (1)(B) and (2)(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 the valid identification number of at least 1 spouse is included on the return of tax for the taxable year.

“(5) 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.”

(b)

Amendments to Section 2201 of the CARES Act.— Section 2201 of the CARES Act is amended—

(1)

in subsection (d), by striking “ 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” and inserting “ Any refund payable by reason of section 6428(f) of the Internal Revenue Code of 1986 (as added by this section), or any such refund payable by reason of subsection (c) of this section,”, and

(2)

in subsection (f)(1)(A)(i), by inserting after “ September 30, 2021” the following: “ , of which up to $63,000,000 may be transferred to the “Department of the Treasury—Bureau of the Fiscal Service—Debt Collection” for necessary expenses related to the implementation and operation of Governmentwide debt collection activities pursuant to sections 3711(g), 3716, and 3720A of title 31, United States Code, and subsections (c) through (f) of section 6402 of the Internal Revenue Code of 1986 to offset the loss resulting from the coronavirus pandemic of debt collection receipts collected pursuant to such sections: Provided, That amounts transferred pursuant to this clause shall be in addition to any other funds made available for this purpose”.

(c)

Effective Date.— The amendments made by this section shall take effect as if included in section 2201 of the CARES Act.

SEC. 274. Extension of Certain Deferred Payroll Taxes.

The Secretary of the Treasury (or the Secretary’s delegate) shall ensure that Internal Revenue Service Notice 2020–65 (entitled “Relief with Respect to Employment Tax Deadlines Applicable to Employers Affected by the Ongoing Coronavirus (COVID–19) Disease 2019 Pandemic”) and any successor or related regulation, notice, or guidance is applied—

(1)

by substituting “December 31, 2021” for “April 30, 2021” each place it appears therein, and

(2)

by substituting “January 1, 2022” for “May 1, 2021” each place it appears therein.

SEC. 275. Regulations or Guidance Clarifying Application of Educator Expense Tax Deduction.

Not later than February 28, 2021, the Secretary of the Treasury (or the Secretary’s delegate) shall by regulation or other guidance clarify that personal protective equipment, disinfectant, and other supplies used for the prevention of the spread of COVID–19 are treated as described in section 62(a)(2)(D)(ii) of the Internal Revenue Code of 1986. Such regulations or other guidance shall apply to expenses paid or incurred after March 12, 2020.

SEC. 276. Clarification of Tax Treatment of Forgiveness of Covered Loans.

(a)

Original Paycheck Protection Program Loans.—

(1)

In general.— Subsection (i) of section 7A of the Small Business Act, as redesignated, transferred, and amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, is amended to read as follows:

“(i) Tax Treatment.—For purposes of the Internal Revenue Code of 1986—

“(1) no amount shall be included in the gross income of the eligible recipient by reason of forgiveness of indebtedness described in subsection (b),

“(2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and

“(3) in the case of an eligible recipient that is a partnership or S corporation—

“(A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and

“(B) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), any increase in the adjusted basis of a partner’s interest in a partnership under section 705 of the Internal Revenue Code of 1986 with respect to any amount described in subparagraph (A) shall equal the partner’s distributive share of deductions resulting from costs giving rise to forgiveness described in subsection (b).”

(2)

Effective date.— The amendment made by this subsection shall apply to taxable years ending after the date of the enactment of the CARES Act.

(b)

Subsequent Paycheck Protection Program Loans.— For purposes of the Internal Revenue Code of 1986, in the case of any taxable year ending after the date of the enactment of this Act—

(1)

no amount shall be included in the gross income of an eligible entity (within the meaning of subparagraph (J) of section 7(a)(37) of the Small Business Act) by reason of forgiveness of indebtedness described in clause (ii) of such subparagraph,

(2)

no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and

(3)

in the case of an eligible entity that is a partnership or S corporation—

(A)

any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and

(B)

except as provided by the Secretary of the Treasury (or the Secretary’s delegate), any increase in the adjusted basis of a partner’s interest in a partnership under section 705 of the Internal Revenue Code of 1986 with respect to any amount described in subparagraph (A) shall equal the partner’s distributive share of deductions resulting from costs giving rise to the forgiveness of indebtedness referred to in paragraph (1).

SEC. 277. Emergency Financial Aid Grants.

(a)

In General.— In the case of a student receiving a qualified emergency financial aid grant—

(1)

such grant shall not be included in the gross income of such individual for purposes of the Internal Revenue Code of 1986, and

(2)

such grant shall not be treated as described in subparagraph (A), (B), or (C) of section 25A(g)(2) of such Code.

(b)

Definitions.— For purposes of this subsection, the term “qualified emergency financial aid grant” means—

(1)

any emergency financial aid grant awarded by an institution of higher education under section 3504 of the CARES Act,

(2)

any emergency financial aid grant from an institution of higher education made with funds made available under section 18004 of the CARES Act, and

(3)

any other emergency financial aid grant made to a student from a Federal agency, a State, an Indian tribe, an institution of higher education, or a scholarship-granting organization (including a tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.5304)) for the purpose of providing financial relief to students enrolled at institutions of higher education in response to a qualifying emergency (as defined in section 3502(a)(4) of the CARES Act).

(c)

Limitation.— This section shall not apply to that portion of any amount received which represents payment for teaching, research, or other services required as a condition for receiving the qualified emergency financial aid grant.

(d)

Effective Date.— This section shall apply to qualified emergency financial aid grants made after March 26, 2020.

SEC. 278. Clarification of Tax Treatment of Certain Loan Forgiveness and Other Business Financial Assistance.

(a)

United States Treasury Program Management Authority.— For purposes of the Internal Revenue Code of 1986—

(1)

no amount shall be included in the gross income of a borrower by reason of forgiveness of indebtedness described in section 1109(d)(2)(D) of the CARES Act,

(2)

no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and

(3)

in the case of a borrower that is a partnership or S corporation—

(A)

any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and

(B)

except as provided by the Secretary of the Treasury (or the Secretary’s delegate), any increase in the adjusted basis of a partner’s interest in a partnership under section 705 of the Internal Revenue Code of 1986 with respect to any amount described in subparagraph (A) shall equal the partner’s distributive share of deductions resulting from costs giving rise to forgiveness described in section 1109(d)(2)(D) of the CARES Act.

(b)

Emergency EIDL Grants and Targeted EIDL Advances.— For purposes of the Internal Revenue Code of 1986—

(1)

any advance described in section 1110(e) of the CARES Act or any funding under section 331 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act shall not be included in the gross income of the person that receives such advance or funding,

(2)

no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and

(3)

in the case of a partnership or S corporation that receives such advance or funding—

(A)

any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and

(B)

the Secretary of the Treasury (or the Secretary’s delegate) shall prescribe rules for determining a partner’s distributive share of any amount described in subparagraph (A) for purposes of section 705 of the Internal Revenue Code of 1986.

(c)

Subsidy for Certain Loan Payments.— For purposes of the Internal Revenue Code of 1986—

(1)

any payment described in section 1112(c) of the CARES Act shall not be included in the gross income of the person on whose behalf such payment is made,

(2)

no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and

(3)

in the case of a partnership or S corporation on whose behalf of a payment described in section 1112(c) of the CARES Act is made—

(A)

any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and

(B)

except as provided by the Secretary of the Treasury (or the Secretary’s delegate), any increase in the adjusted basis of a partner’s interest in a partnership under section 705 of the Internal Revenue Code of 1986 with respect to any amount described in subparagraph (A) shall equal the sum of the partner’s distributive share of deductions resulting from interest and fees described in section 1112(c) of the CARES Act and the partner’s share, as determined under section 752 of the Internal Revenue Code of 1986, of principal described in section 1112(c) of the CARES Act.

(d)

Grants for Shuttered Venue Operators.— For purposes of the Internal Revenue Code of 1986—

(1)

any grant made under section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act shall not be included in the gross income of the person that receives such grant,

(2)

no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and

(3)

in the case of a partnership or S corporation that receives such grant—

(A)

any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and

(B)

(e)

Effective Dates.—

(1)

In general.— Except as otherwise provided in this subsection, subsections (a), (b), and (c) shall apply to taxable years ending after the date of the enactment of the CARES Act.

(2)

Grants for shuttered venue operators; targeted eidl advances.— Subsection (d), and so much of subsection (b) as relates to funding under section 331 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, shall apply to taxable years ending after the date of the enactment of this Act.

SEC. 279. Authority to Waive Certain Information Reporting Requirements.

The Secretary of the Treasury (or the Secretary’s delegate) may provide an exception from any requirement to file an information return otherwise required by chapter 61 of the Internal Revenue Code of 1986 with respect to any amount excluded from gross income by reason of section 7A(i) of the Small Business Act or section 276(b), 277, or 278 of this subtitle.

SEC. 280. Application of Special Rules to Money Purchase Pension Plans.

(a)

In General.— Section 2202(a)(6)(B) of the CARES Act is amended by inserting “ , and, in the case of a money purchase pension plan, a coronavirus-related distribution which is an in-service withdrawal shall be treated as meeting the distribution rules of section 401(a) of the Internal Revenue Code of 1986” before the period.

(b)

Effective Date.— The amendment made by this section shall apply as if included in the enactment of section 2202 of the CARES Act.

SEC. 281. Election to Waive Application of Certain Modifications to Farming Losses.

(a)

In General.— Section 2303 of the CARES Act is amended by adding at the end the following new subsection:

“(e) Special Rules With Respect to Farming Losses.—

“(1) Election to disregard application of amendments made by subsections (a) and (b).—

“(A) In general.—If a taxpayer who has a farming loss (within the meaning of section 172(b)(1)(B)(ii) of the Internal Revenue Code of 1986) for any taxable year beginning in 2018, 2019, or 2020 makes an election under this paragraph, then—

“(i) the amendments made by subsection (a) shall not apply to any taxable year beginning in 2018, 2019, or 2020, and

“(ii) the amendments made by subsection (b) shall not apply to any net operating loss arising in any taxable year beginning in 2018, 2019, or 2020.

“(B) Election.—

“(i) In general.—Except as provided in clause (ii)(II), an election under this paragraph shall be made in such manner as may be prescribed by the Secretary. Such election, once made, shall be irrevocable.

“(ii) Time for making election.—

“(I) In general.—An election under this paragraph shall be made by the due date (including extensions of time) for filing the taxpayer’s return for the taxpayer’s first taxable year ending after the date of the enactment of the COVID-related Tax Relief Act of 2020.

“(II) Previously filed returns.—In the case of any taxable year for which the taxpayer has filed a return of Federal income tax before the date of the enactment of the COVID-related Tax Relief Act of 2020 which disregards the amendments made by subsections (a) and (b), such taxpayer shall be treated as having made an election under this paragraph unless the taxpayer amends such return to reflect such amendments 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 the COVID-related Tax Relief Act of 2020.

“(C) Regulations.—The Secretary of the Treasury (or the Secretary’s delegate) shall issue such regulations and other guidance as may be necessary to carry out the purposes of this paragraph, including regulations and guidance relating to the application of the rules of section 172(a) of the Internal Revenue Code of 1986 (as in effect before the date of the enactment of the CARES Act) to taxpayers making an election under this paragraph.

“(2) Revocation of election to waive carryback.—The last sentence of section 172(b)(3) of the Internal Revenue Code of 1986 and the last sentence of section 172(b)(1)(B) of such Code shall not apply to any election—

“(A) which was made before the date of the enactment of the COVID-related Tax Relief Act of 2020, and

“(B) which relates to the carryback period provided under section 172(b)(1)(B) of such Code with respect to any net operating loss arising in taxable years beginning in 2018 or 2019.”

(b)

Effective Date.— The amendment made by this section shall take effect as if included in section 2303 of the CARES Act.

SEC. 282. Oversight and Audit Reporting.

Section 19010(a)(1) of the CARES Act is amended by striking “ and” at the end of subparagraph (F), by striking “ and” at the end of subparagraph (G), and by adding at the end the following new subparagraphs:

“(H) the Committee on Finance of the Senate; and

“(I) the Committee on Ways and Means of the House of Representatives; and”

SEC. 283. Disclosures to Identify Tax Receivables Not Eligible for Collection Pursuant to Qualified Tax Collection Contracts.

(a)

In General.— Section 1106 of the Social Security Act (42 U.S.C. 1306) is amended by adding at the end the following:

“(g) Notwithstanding any other provision of this section, the Commissioner of Social Security shall enter into an agreement with the Secretary of the Treasury under which—

“(1) if the Secretary provides the Commissioner with the information described in section 6103(k)(15) of the Internal Revenue Code of 1986 with respect to any individual, the Commissioner shall indicate to the Secretary as to whether such individual receives disability insurance benefits under section 223 or supplemental security income benefits under title XVI (including State supplementary payments of the type referred to in section 1616(a) or payments of the type described in section 212(a) of Public Law 93–66);

“(2) appropriate safeguards are included to assure that the indication described in paragraph (1) will be used solely for the purpose of determining if tax receivables involving such individual are not eligible for collection pursuant to a qualified tax collection contract by reason of section 6306(d)(3)(E) of the Internal Revenue Code of 1986; and

“(3) the Secretary shall pay the Commissioner of Social Security the full costs (including systems and administrative costs) of providing the indication described in paragraph (1).”

(b)

Authorization of Disclosure by Secretary of the Treasury.—

(1)

In general.— Section 6103(k) is amended by adding at the end the following new paragraph:

“(15) Disclosures to social security administration to identify tax receivables not eligible for collection pursuant to qualified tax collection contracts.—In the case of any individual involved with a tax receivable which the Secretary has identified for possible collection pursuant to a qualified tax collection contract (as defined in section 6306(b)), the Secretary may disclose the taxpayer identity and date of birth of such individual to officers, employees, and contractors of the Social Security Administration to determine if such tax receivable is not eligible for collection pursuant to such a qualified tax collection contract by reason of section 6306(d)(3)(E).”

(2)

Conforming amendments related to safeguards.—

(A)

Section 6103(a)(3) is amended by striking “ or (14)” and inserting “ (14), or (15)”.

(B)

Section 6103(p)(4) is amended—

(i)

by striking “ (k)(8), (10) or (11)” both places it appears and inserting “ (k)(8), (10), (11), or (15)”, and

(ii)

by striking “ any other person described in subsection (k)(10)” each place it appears and inserting “ any other person described in subsection (k)(10) or (15)”.

(C)

Section 7213(a)(2) is amended by striking “ (k)(10), (13), or (14)” and inserting “ (k)(10), (13), (14), or (15)”.

(c)

Effective Date.— The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act.

SEC. 284. Modification of Certain Protections for Taxpayer Return Information.

(a)

Amendments to the Internal Revenue Code of 1986.—

(1)

In general.— Subparagraph (D) of section 6103(l)(13) is amended—

(A)

by inserting at the end of clause (iii) the following new sentence: “ Under such terms and conditions as may be prescribed by the Secretary, after consultation with the Department of Education, an institution of higher education described in subclause (I) or a State higher education agency described in subclause (II) may designate a contractor of such institution or state agency to receive return information on behalf of such institution or state agency to administer aspects of the institution’s or state agency’s activities for the application, award, and administration of such financial aid.”, and

(B)

by adding at the end the following:

“(iv) Redisclosure to office of inspector general, independent auditors, and contractors.—Any return information which is redisclosed under clause (iii)—

“(I) may be further disclosed by persons described in subclauses (I), (II), or (III) of clause (iii) or persons designated in the last sentence of clause (iii) to the Office of Inspector General of the Department of Education and independent auditors conducting audits of such person’s administration of the programs for which the return information was received, and

“(II) may be further disclosed by persons described in subclauses (I), (II), or (III) of clause (iii) to contractors of such entities,

“(v) Redisclosure to family members.—In addition to the purposes for which information is disclosed and used under subparagraphs (A) and (C), or redisclosed under clause (iii), any return information so disclosed or redisclosed may be further disclosed to any individual certified by the Secretary of Education as having provided approval under paragraph (1) or (2) of section 494(a) of the Higher Education Act of 1965, as the case may be, for disclosure related to the income-contingent or income-based repayment plan under subparagraph (A) or the eligibility for, and amount of, Federal student financial aid described in subparagraph (C).

“(vi) Redisclosure of fafsa information.—Return information received under subparagraph (C) may be redisclosed in accordance with subsection (c) of section 494 of the Higher Education Act of 1965 (as in effect on the date of enactment of the COVID-related Tax Relief Act of 2020) to carry out the purposes specified in such subsection.”

(2)

Conforming amendment.— Subparagraph (F) of section 6103(l)(13) is amended by inserting “ , and any redisclosure authorized under clause (iii), (iv) (v), or (vi) of subparagraph (D),” after “ or (C)”.

(3)

Confidentiality of return information.—

(A)

Section 6103(a)(3), as amended by section 3516(a)(1) of the CARES Act, is amended by striking “ (13)(A), (13)(B), (13)(C), (13)(D)(i),” and inserting “ (13) (other than subparagraphs (D)(v) and (D)(vi) thereof),”.

(B)

Section 6103(p)(3)(A), as amended by section 3516(a)(2) of such Act, is amended by striking “ (13)(A), (13)(B), (13)(C), (13)(D)(i),” and inserting “ (13)(D)(iv), (13)(D)(v), (13)(D)(vi)”.

(4)

Effective date.— The amendments made by this subsection shall apply to disclosures made after the date of the enactment of the FUTURE Act (Public Law 116–91).

(b)

Amendments to the Higher Education Act of 1965.—

(1)

In general.— Section 494 of the Higher Education Act of 1965 (20 U.S.C. 1098h(a)) is amended—

(A)

in subsection (a)(1)—

(i)

in the matter preceding subparagraph (A), by inserting “ , including return information,” after “ financial information”;

(ii)

in subparagraph (A)—

(I)

in clause (i)—

(aa)

by striking “ subparagraph (B), the” and inserting the following:

“(I) the”

; and

(bb)

by adding at the end the following:

“(II) the return information of such individuals may be redisclosed pursuant to clauses (iii), (iv), (v), and (vi) of section 6103(l)(13)(D) of the Internal Revenue Code of 1986, for the relevant purposes described in such section; and”

; and

(II)

in clause (ii), by striking “ such disclosure” and inserting “ the disclosures described in subclauses (I) and (II) of clause (i)”; and

(iii)

in subparagraph (B), by striking “ disclosure described in subparagraph (A)(i)” and inserting “ disclosures described in subclauses (I) and (II) of subparagraph (A)(i)”;

(B)

in subsection (a)(2)(A)(ii), by striking “ affirmatively approve the disclosure described in paragraph (1)(A)(i) and agree that such approval shall serve as an ongoing approval of such disclosure until the date on which the individual elects to opt out of such disclosure” and inserting “ affirmatively approve the disclosures described in subclauses (I) and (II) of paragraph (1)(A)(i), to the extent applicable, and agree that such approval shall serve as an ongoing approval of such disclosures until the date on which the individual elects to opt out of such disclosures”; and

(C)

by adding at the end the following:

“(c) Access to FAFSA Information.—

“(1) Redisclosure of information.—The information in a complete, unredacted Student Aid Report (including any return information disclosed under section 6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with respect to an application described in subsection (a)(1) of an applicant for Federal student financial aid—

“(A) upon request for such information by such applicant, shall be provided to such applicant by—

“(i) the Secretary; or

“(ii) in a case in which the Secretary has requested that institutions of higher education carry out the requirements of this subparagraph, an institution of higher education that has received such information; and

“(B) with the written consent by the applicant to an institution of higher education, may be provided by such institution of higher education as is necessary to a scholarship granting organization (including a tribal organization (defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304))), or to an organization assisting the applicant in applying for and receiving Federal, State, local, or tribal assistance, that is designated by the applicant to assist the applicant in applying for and receiving financial assistance for any component of the applicant’s cost of attendance (defined in section 472) at that institution.

“(2) Discussion of information.—A discussion of the information in an application described in subsection (a)(1) (including any return information disclosed under section 6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(l)(13)) of an applicant between an institution of higher education and the applicant may, with the written consent of the applicant, include an individual selected by the applicant (such as an advisor) to participate in such discussion.

“(3) Restriction on disclosing information.—A person receiving information under paragraph (1)(B) or (2) with respect to an applicant shall not use the information for any purpose other than the express purpose for which consent was granted by the applicant and shall not disclose such information to any other person without the express permission of, or request by, the applicant.

“(4) Definitions.—In this subsection:

“(A) Student aid report.—The term ‘Student Aid Report’ has the meaning given the term in section 668.2 of title 34, Code of Federal Regulations (or successor regulations).

“(B) Written consent.—The term ‘written consent’ means a separate, written document that is signed and dated (which may include by electronic format) by an applicant, which—

“(i) indicates that the information being disclosed includes return information disclosed under section 6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(l)(13)) with respect to the applicant;

“(ii) states the purpose for which the information is being disclosed; and

“(iii) states that the information may only be used for the specific purpose and no other purposes.

“(5) Record keeping requirement.—An institution of higher education shall—

“(A) keep a record of each written consent made under this subsection for a period of at least 3 years from the date of the student’s last date of attendance at the institution; and

“(B) make each such record readily available for review by the Secretary.”

(2)

Conforming amendment.— Section 494(a)(3) of the Higher Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is amended by striking “ paragraph (1)(A)(i)” both places the term appears and inserting “ paragraph (1)(A)(i)(I)”.

SEC. 285. 2020 Election to Terminate Transfer Period for Qualified Transfers from Pension Plan for Covering Future Retiree Costs.

(a)

In General.— Section 420(f) is amended by adding at the end the following new paragraph:

“(7) Election to end transfer period.—

“(A) In general.—In the case of an employer maintaining a plan which has made a qualified future transfer under this subsection, such employer may, not later than December 31, 2021, elect to terminate the transfer period with respect to such transfer effective as of any taxable year specified by the taxpayer that begins after the date of such election.

“(B) Amounts transferred to plan on termination.—Any assets transferred to a health benefits account, or an applicable life insurance account, in a qualified future transfer (and any income allocable thereto) which are not used as of the effective date of the election to terminate the transfer period with respect to such transfer under subparagraph (A), shall be transferred out of the account to the transferor plan within a reasonable period of time. The transfer required by this subparagraph shall be treated as an employer reversion for purposes of section 4980 (other than subsection (d) thereof), unless before the end of the 5-year period beginning after the original transfer period an equivalent amount is transferred back to such health benefits account, or applicable life insurance account, as the case may be. Any such transfer back pursuant to the preceding sentence may be made without regard to section 401(h)(1).

“(C) Minimum cost requirements continue.—The requirements of subsection (c)(3) and paragraph (2)(D) shall apply with respect to a qualified future transfer without regard to any election under subparagraph (A) with respect to such transfer.

“(D) Modified maintenance of funded status during original transfer period.—The requirements of paragraph (2)(B) shall apply without regard to any such election, and clause (i) thereof shall be applied by substituting ‘100 percent’ for ‘120 percent’ during the original transfer period.

“(E) Continued maintenance of funding status after original transfer period.—

“(i) In general.—In the case of a plan with respect to which there is an excess described in paragraph (2)(B)(ii) as of the valuation date of the plan year in the last year of the original transfer period, paragraph (2)(B) shall apply for 5 years after the original transfer period in the same manner as during a transfer period by substituting the applicable percentage for ‘120 percent’ in clause (i) thereof.

“(ii) Applicable percentage.—For purposes of this subparagraph, the applicable percentage shall be determined under the following table:“For the valuation date of the plan year in the following year after the original transfer period:

The applicable percentage is:

1st 104 percent

2nd 108 percent

3rd 112 percent

4th 116 percent

5th 120 percent

“(iii) Early termination of continued maintenance period when 120 percent funding reached.—If, as of the valuation date of any plan year in the first 4 years after the original transfer period with respect to a qualified future transfer, there would be no excess determined under this subparagraph were the applicable percentage 120 percent, then this subparagraph shall cease to apply with respect to the plan.

“(F) Original transfer period.—For purposes of this paragraph, the term ‘original transfer period’ means the transfer period under this subsection with respect to a qualified future transfer determined without regard to the election under subparagraph (A).”

(b)

Effective Date.— The amendments made by this section shall apply to taxable years beginning after December 31, 2019.

SEC. 286. Extension of Credits for Paid Sick and Family Leave.

(a)

In General.— Sections 7001(g), 7002(e), 7003(g), and 7004(e) of the Families First Coronavirus Response Act are each amended by striking “ December 31, 2020” and inserting “ March 31, 2021”.

(b)

Coordination With Termination of Mandate.—

(1)

Payroll credit for paid sick leave.— Section 7001(c) of the Families First Coronavirus Response Act is amended by striking “ paid by an employer which” and all that follows and inserting

“(1) which are required to be paid by reason of the Emergency Paid Sick Leave Act, or

“(2) both—

“(A) which would be so required to be paid if such Act were applied—

“(i) by substituting ‘March 31, 2021’ for ‘December 31, 2020’ in section 5109 thereof, and

“(ii) without regard to section 5102(b)(3) thereof, and

“(B) with respect to which all requirements of such Act (other than subsections (a) and (b) of section 5105 thereof, and determined by substituting ‘To be compliant with section 5102, an employer may not’ for ‘It shall be unlawful for any employer to’ in section 5104 thereof) which would apply if so required are satisfied.”

(2)

Credit for sick leave of self-employed individuals.— Section 7002(b)(2) of the Families First Coronavirus Response Act is amended to read as follows:

“(2) either—

“(A) would be entitled to receive paid leave during the taxable year pursuant to the Emergency Paid Sick Leave Act if the individual were an employee of an employer (other than himself or herself), or

“(B) would be so entitled if—

“(i) such Act were applied by substituting ‘March 31, 2021’ for ‘December 31, 2020’ in section 5109 thereof, and

“(ii) the individual were an employee of an employer (other than himself or herself).”

(3)

Payroll credit for paid family leave.— Section 7003(c) of the Families First Coronavirus Response Act is amended by striking “ paid by an employer which” and all that follows and inserting

“(1) which are required to be paid by reason of the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act), or

“(2) both—

“(A) which would be so required to be paid if section 102(a)(1)(F) of the Family and Medical Leave Act of 1993, as amended by the Emergency Family and Medical Leave Expansion Act, were applied by substituting ‘March 31, 2021’ for ‘December 31, 2020’, and

“(B) with respect to which all requirements of the Family and Medical Leave Act of 1993 (other than section 107 thereof, and determined by substituting ‘To be compliant with section 102(a)(1)(F), an employer may not’ for ‘It shall be unlawful for any employer to’ each place it appears in subsection (a) of section 105 thereof, by substituting ‘made unlawful in this title or described in this section’ for ‘made unlawful by this title’ in paragraph (2) of such subsection, and by substituting ‘To be compliant with section 102(a)(1)(F), an employer may not’ for ‘It shall be unlawful for any person to’ in subsection (b) of such section) which relate to such section 102(a)(1)(F), and which would apply if so required, are satisfied.”

(4)

Credit for family leave of self-employed individuals.— Section 7004(b)(2) of the Families First Coronavirus Response Act is amended to read as follows:

“(2) either—

“(A) would be entitled to receive paid leave during the taxable year pursuant to the Emergency Family and Medical Leave Expansion Act if the individual were an employee of an employer (other than himself or herself), or

“(B) would be so entitled if—

“(i) section 102(a)(1)(F) of the Family and Medical Leave Act of 1993, as amended by the Emergency Family and Medical Leave Expansion Act, were applied by substituting ‘March 31, 2021’ for ‘December 31, 2020’, and

“(ii) the individual were an employee of an employer (other than himself or herself).”

(5)

Coordination with certain employment taxes.— Section 7005(a) of the Families First Coronavirus Response Act is amended by inserting “ (or, in the case of wages paid after December 31, 2020, and before April 1, 2021, with respect to which a credit is allowed under section 7001 or 7003)” before “ shall not be considered”.

(c)

Effective Date.— The amendments made by this section shall take effect as if included in the provisions of the Families First Coronavirus Response Act to which they relate.

SEC. 287. Election to Use Prior Year Net Earnings from Self-Employment in Determining Average Daily Self-Employment Income for Purposes of Credits for Paid Sick and Family Leave.

(a)

Credit for Sick Leave.— Section 7002(c) of the Families First Coronavirus Response Act is amended by adding at the end the following new paragraph:

“(4) Election to use prior year net earnings from self-employment income.—In the case of an individual who elects (at such time and in such manner as the Secretary, or the Secretary’s delegate, may provide) the application of this paragraph, paragraph (2)(A) shall be applied by substituting ‘the prior taxable year’ for ‘the taxable year’.”

(b)

Credit for Family Leave.— Section 7004(c) of the Families First Coronavirus Response Act is amended by adding at the end the following new paragraph:

(c)

Effective Date.— The amendments made by this section shall take effect as if included in the provisions of the Families First Coronavirus Response Act to which they relate.

SEC. 288. Certain Technical Improvements to Credits for Paid Sick and Family Leave.

(a)

Coordination With Application of Certain Definitions.—

(1)

In general.— Sections 7001(c) and 7003(c) of the Families First Coronavirus Response Act are each amended—

(A)

by inserting “ , determined without regard to paragraphs (1) through (22) of section 3121(b) of such Code” after “ as defined in section 3121(a) of the Internal Revenue Code of 1986”, and

(B)

by inserting “ , determined without regard to the sentence in paragraph (1) thereof which begins ‘Such term does not include remuneration’ ” after “ as defined in section 3231(e) of the Internal Revenue Code”.

(2)

Conforming amendments.— Sections 7001(e)(3) and 7003(e)(3) of the Families First Coronavirus Response Act are each amended by striking “ Any term” and inserting “ Except as otherwise provided in this section, any term”.

(b)

Coordination With Exclusion From Employment Taxes.— Sections 7001(c) and 7003(c) of the Families First Coronavirus Response Act, as amended by subsection (a), are each amended—

(1)

by inserting “ and section 7005(a) of this Act,” after “ determined without regard to paragraphs (1) through (22) of section 3121(b) of such Code”, and

(2)

by inserting “ and without regard to section 7005(a) of this Act” after “ which begins ‘Such term does not include remuneration’ ”.

(c)

Clarification of Applicable Railroad Retirement Tax for Paid Leave Credits.— Sections 7001(e) and 7003(e) of the Families First Coronavirus Response Act, as amended by the preceding provisions of this Act, are each amended by adding at the end the following new paragraph:

“(4) References to railroad retirement tax.—Any reference in this section to the tax imposed by section 3221(a) of the Internal Revenue Code of 1986 shall be treated as a reference to so much of such tax as is attributable to the rate in effect under section 3111(a) of such Code.”

(d)

Clarification of Treatment of Paid Leave for Applicable Railroad Retirement Tax.— Section 7005(a) of the Families First Coronavirus Response Act is amended by adding the following sentence at the end of such subsection: “ Any reference in this subsection to the tax imposed by section 3221(a) of such Code shall be treated as a reference to so much of the tax as is attributable to the rate in effect under section 3111(a) of such Code.”.

(e)

Clarification of Applicable Railroad Retirement Tax for Hospital Insurance Tax Credit.— Section 7005(b)(1) of the Families First Coronavirus Response Act is amended to read as follows:

“(1) In general.—The credit allowed by section 7001 and the credit allowed by section 7003 shall each be increased by the amount of the tax imposed by section 3111(b) of the Internal Revenue Code of 1986 and so much of the taxes imposed under section 3221(a) of such Code as are attributable to the rate in effect under section 3111(b) of such Code on qualified sick leave wages, or qualified family leave wages, for which credit is allowed under such section 7001 or 7003 (respectively).”

(f)

Effective Date.— The amendments made by this section shall take effect as if included in the provisions of the Families First Coronavirus Response Act to which they relate.

TITLE III Continuing the Paycheck Protection Program and Other Small Business Support

SEC. 301. Short Title.

This title may be cited as the “Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act”.

SEC. 302. Definitions.

In this Act:

(1)

Administration; administrator.— The terms “Administration” and “Administrator” mean the Small Business Administration and the Administrator thereof, respectively.

(2)

Small business concern.— The term “small business concern” has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

SEC. 303. Emergency Rulemaking Authority.

Not later than 10 days after the date of enactment of this Act, the Administrator shall issue regulations to carry out this Act and the amendments made by this Act without regard to the notice requirements under section 553(b) of title 5, United States Code.

SEC. 304. Additional Eligible Expenses.

(a)

Allowable Use of PPP Loan.— Section 7(a)(36)(F)(i) of the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is amended—

(1)

in subclause (VI), by striking “ and” at the end;

(2)

in subclause (VII), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

“(VIII) covered operations expenditures, as defined in section 7A(a);

“(IX) covered property damage costs, as defined in section 7A(a);

“(X) covered supplier costs, as defined in section 7A(a); and

“(XI) covered worker protection expenditures, as defined in section 7A(a).”

(b)

Loan Forgiveness.—

(1)

Transfer of section to small business act.—

(A)

In general.— Section 1106 of the CARES Act (15 U.S.C. 9005) is redesignated as section 7A, transferred to the Small Business Act (15 U.S.C. 631 et seq.), and inserted so as to appear after section 7 of the Small Business Act (15 U.S.C. 636).

(B)

Conforming amendments to transferred section.— Section 7A of the Small Business Act, as redesignated and transferred by subparagraph (A) of this paragraph, is amended—

(i)

in subsection (a)(1), by striking “ under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by section 1102” and inserting “ under section 7(a)(36)”; and

(ii)

in subsection (c), by striking “ of the Small Business Act (15 U.S.C. 636(a))” each place it appears.

(C)

Other conforming amendments.—

(i)

Section 1109(d)(2)(D) of the CARES Act (15 U.S.C. 9008(d)(2)(D)) is amended by striking “ section 1106 of this Act” and inserting “ section 7A of the Small Business Act”.

(ii)

Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended—

(I)

in subparagraph (K), by striking “ section 1106 of the CARES Act” and inserting “ section 7A”; and

(II)

in subparagraph (M)—

(aa)

by striking “ section 1106 of the CARES Act” each place it appears and inserting “ section 7A”; and

(bb)

in clause (v), by striking “ section 1106(a) of the CARES Act” and inserting “ section 7A(a)”.

(2)

Additional eligible expenses.— Section 7A of the Small Business Act, as redesignated and transferred by paragraph (1) of this subsection, is amended—

(A)

in subsection (a)—

(i)

by redesignating paragraphs (6), (7), and (8) as paragraphs (10), (11), and (12), respectively;

(ii)

by redesignating paragraph (5) as paragraph (8);

(iii)

by redesignating paragraph (4) as paragraph (6);

(iv)

by redesignating paragraph (3) as paragraph (4);

(v)

by inserting after paragraph (2) the following:

“(3) the term ‘covered operations expenditure’ means a payment for any business software or cloud computing service that facilitates business operations, product or service delivery, the processing, payment, or tracking of payroll expenses, human resources, sales and billing functions, or accounting or tracking of supplies, inventory, records and expenses;”

(vi)

by inserting after paragraph (4), as so redesignated, the following:

“(5) the term ‘covered property damage cost’ means a cost related to property damage and vandalism or looting due to public disturbances that occurred during 2020 that was not covered by insurance or other compensation;”

(vii)

by inserting after paragraph (6), as so redesignated, the following:

“(7) the term ‘covered supplier cost’ means an expenditure made by an entity to a supplier of goods for the supply of goods that—

“(A) are essential to the operations of the entity at the time at which the expenditure is made; and

“(B) is made pursuant to a contract, order, or purchase order—

“(i) in effect at any time before the covered period with respect to the applicable covered loan; or

“(ii) with respect to perishable goods, in effect before or at any time during the covered period with respect to the applicable covered loan;”

(viii)

by inserting after paragraph (8), as so redesignated, the following:

“(9) the term ‘covered worker protection expenditure’—

“(A) means an operating or a capital expenditure to facilitate the adaptation of the business activities of an entity to comply with requirements established or guidance issued by the Department of Health and Human Services, the Centers for Disease Control, or the Occupational Safety and Health Administration, or any equivalent requirements established or guidance issued by a State or local government, during the period beginning on March 1, 2020 and ending 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 related to the maintenance of standards for sanitation, social distancing, or any other worker or customer safety requirement related to COVID–19;

“(B) may include—

“(i) the purchase, maintenance, or renovation of assets that create or expand—

“(I) a drive-through window facility;

“(II) an indoor, outdoor, or combined air or air pressure ventilation or filtration system;

“(III) a physical barrier such as a sneeze guard;

“(IV) an expansion of additional indoor, outdoor, or combined business space;

“(V) an onsite or offsite health screening capability; or

“(VI) other assets relating to the compliance with the requirements or guidance described in subparagraph (A), as determined by the Administrator in consultation with the Secretary of Health and Human Services and the Secretary of Labor; and

“(ii) the purchase of—

“(I) covered materials described in section 328.103(a) of title 44, Code of Federal Regulations, or any successor regulation;

“(II) particulate filtering facepiece respirators approved by the National Institute for Occupational Safety and Health, including those approved only for emergency use authorization; or

“(III) other kinds of personal protective equipment, as determined by the Administrator in consultation with the Secretary of Health and Human Services and the Secretary of Labor; and

“(C) does not include residential real property or intangible property;”

; and

(ix)

in paragraph (11), as so redesignated—

(I)

in subparagraph (C), by striking “ and” at the end;

(II)

in subparagraph (D), by striking “ and” at the end; and

(III)

by adding at the end the following:

“(E) covered operations expenditures;

“(F) covered property damage costs;

“(G) covered supplier costs; and

“(H) covered worker protection expenditures; and”

(B)

in subsection (b), by adding at the end the following:

“(5) Any covered operations expenditure.

“(6) Any covered property damage cost.

“(7) Any covered supplier cost.

“(8) Any covered worker protection expenditure.”

(C)

in subsection (d)(8), by inserting “ any payment on any covered operations expenditure, any payment on any covered property damage cost, any payment on any covered supplier cost, any payment on any covered worker protection expenditure,” after “ rent obligation,”; and

(D)

in subsection (e)—

(i)

in paragraph (2)—

(I)

by inserting “ purchase orders, orders, invoices,” before “ or other documents”; and

(II)

by striking “ covered lease obligations,” and inserting “ covered rent obligations, payments on covered operations expenditures, payments on covered property damage costs, payments on covered supplier costs, payments on covered worker protection expenditures,”; and

(ii)

in paragraph (3)(B), by inserting “ make payments on covered operations expenditures, make payments on covered property damage costs, make payments on covered supplier costs, make payments on covered worker protection expenditures,” after “ rent obligation,”.

(c)

Effective Date; Applicability.—

(1)

In general.— Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan.

(2)

Exclusion of loans already forgiven.— The amendments made by subsections (a) and (b) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES Act, as in effect on the day before such date of enactment.

SEC. 305. Hold Harmless.

(a)

In General.— Subsection (h) of section 7A of the Small Business Act, as redesignated and transferred by section 304 of this Act, is amended to read as follows:

“(h) Hold Harmless.—

“(1) Definition.—In this subsection, the term ‘initial or second draw PPP loan’ means a covered loan or a loan under paragraph (37) of section 7(a).

“(2) Reliance.—A lender may rely on any certification or documentation submitted by an applicant for an initial or second draw PPP loan or an eligible recipient or eligible entity receiving initial or second draw PPP loan that—

“(A) is submitted pursuant to all applicable statutory requirements, regulations, and guidance related to initial or second draw PPP loan, including under paragraph (36) or (37) of section 7(a) and under this section; and

“(B) attests that the applicant, eligible recipient, or eligible entity, as applicable, has accurately provided the certification or documentation to the lender in accordance with the statutory requirements, regulations, and guidance described in subparagraph (A).

“(3) No enforcement action.—With respect to a lender that relies on a certification or documentation described in paragraph (2) related to an initial or second draw PPP loan, an enforcement action may not be taken against the lender, and the lender shall not be subject to any penalties relating to loan origination or forgiveness of the initial or second draw PPP loan, if—

“(A) the lender acts in good faith relating to loan origination or forgiveness of the initial or second draw PPP loan based on that reliance; and

“(B) all other relevant Federal, State, local, and other statutory and regulatory requirements applicable to the lender are satisfied with respect to the initial or second draw PPP loan.”

(b)

Effective Date; Applicability.— The amendment made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan.

SEC. 306. Selection of Covered Period for Forgiveness.

Section 7A of the Small Business Act, as redesignated and transferred by section 304 of this Act, is amended— (A) by amending paragraph (4) of subsection (a), as so redesignated by section 304(b) of this Act, to read as follows:

“(4) the term ‘covered period’ means the period—

“(A) beginning on the date of the origination of a covered loan; and

“(B) ending on a date selected by the eligible recipient of the covered loan that occurs during the period—

“(i) beginning on the date that is 8 weeks after such date of origination; and

“(ii) ending on the date that is 24 weeks after such date of origination;”

; and (1) by striking subsection (l).

SEC. 307. Simplified Forgiveness Application.

(a)

In General.— Section 7A of the Small Business Act, as redesignated and transferred by section 304 of this Act, and as amended by section 306 of this Act, is amended—

(1)

in subsection (e), in the matter preceding paragraph (1), by striking “ An eligible” and inserting “ Except as provided in subsection (l), an eligible”;

(2)

in subsection (f), by inserting “ or the certification required under subsection (l), as applicable” after “ subsection (e)”; and

(3)

by adding at the end the following:

“(l) Simplified Application.—

“(1) Covered loans up to $150,000.—

“(A) In general .—With respect to a covered loan made to an eligible recipient that is not more than $150,000, the covered loan amount shall be forgiven under this section if the eligible recipient—

“(i) signs and submits to the lender a certification, to be established by the Administrator not later than 24 days after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, which—

“(I) shall be not more than 1 page in length; and

“(II) shall only require the eligible recipient to provide—

“(aa) a description of the number of employees the eligible recipient was able to retain because of the covered loan;

“(bb) the estimated amount of the covered loan amount spent by the eligible recipient on payroll costs; and

“(cc) the total loan value;

“(ii) attests that the eligible recipient has—

“(I) accurately provided the required certification; and

“(II) complied with the requirements under section 7(a)(36); and

“(iii) retains records relevant to the form that prove compliance with such requirements—

“(I) with respect to employment records, for the 4-year period following submission of the form; and

“(II) with respect to other records, for the 3-year period following submission of the form.

“(B) Limitation on requiring additional materials.—An eligible recipient of a covered loan that is not more than $150,000 shall not, at the time of the application for forgiveness, be required to submit any application or documentation in addition to the certification and information required to substantiate forgiveness.

“(C) Records for other requirements.—Nothing in subparagraph (A) or (B) shall be construed to exempt an eligible recipient from having to provide documentation independently to a lender to satisfy relevant Federal, State, local, or other statutory or regulatory requirements, or in connection with an audit as authorized under subparagraph (E).

“(D) Demographic information.—The certification established by the Administrator under subparagraph (A) shall include a means by which an eligible recipient may, at the discretion of the eligible recipient, submit demographic information of the owner of the eligible recipient, including the sex, race, ethnicity, and veteran status of the owner.

“(E) Audit authority.—The Administrator may—

“(i) review and audit covered loans described in subparagraph (A);

“(ii) access any records described in subparagraph (A)(iii); and

“(iii) in the case of fraud, ineligibility, or other material noncompliance with applicable loan or loan forgiveness requirements, modify—

“(I) the amount of a covered loan described in subparagraph (A); or

“(II) the loan forgiveness amount with respect to a covered loan described in subparagraph (A).

“(2) Covered loans of more than $150,000.—

“(A) In general.—With respect to a covered loan in an amount that is more than $150,000, the eligible recipient shall submit to the lender that is servicing the covered loan the documentation described in subsection (e).

“(B) Demographic information.—The process for submitting the documentation described in subsection (e) shall include a means by which an eligible recipient may, at the discretion of the eligible recipient, submit demographic information of the owner of the eligible recipient, including the sex, race, ethnicity, and veteran status of the owner.

“(3) Forgiveness audit plan.—

“(A) In general.—Not later than 45 days after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, 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 an audit plan that details—

“(i) the policies and procedures of the Administrator for conducting forgiveness reviews and audits of covered loans; and

“(ii) the metrics that the Administrator shall use to determine which covered loans will be audited.

“(B) Reports.—Not later than 30 days after the date on which the Administrator submits the audit plan required under subparagraph (A), and each month 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 on the forgiveness review and audit activities of the Administrator under this subsection, which shall include—

“(i) the number of active reviews and audits;

“(ii) the number of reviews and audits that have been ongoing for more than 60 days; and

“(iii) any substantial changes made to the audit plan submitted under subparagraph (A).”

(b)

Effective Date; Applicability.— The amendments made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan.

SEC. 308. Specific Group Insurance Payments as Payroll Costs.

(a)

In General.— Section 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by inserting “ or group life, disability, vision, or dental insurance” before “ benefits”.

(b)

SEC. 309. Demographic Information.

On and after the date of enactment of this Act, any loan origination application for a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended and added by this division, shall include a means by which the applicant for the loan may, at the discretion of the applicant, submit demographic information of the owner of the recipient of the loan, including the sex, race, ethnicity, and veteran status of the owner.

SEC. 310. Clarification of and Additional Limitations on Eligibility.

(a)

Date in Operation.—

(1)

In general.— Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended by adding at the end the following:

“(T) Requirement for date in operation.—A business or organization that was not in operation on February 15, 2020 shall not be eligible for a loan under this paragraph.”

(2)

Effective date; applicability.— The amendment made by paragraph (1) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan.

(b)

Exclusion of Entities Receiving Shuttered Venue Operator Grants.— Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), as amended by subsection (a) of this section, is amended by adding at the end the following:

“(U) Exclusion of entities receiving shuttered venue operator grants.—An eligible person or entity (as defined under of section 24 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act) that receives a grant under such section 24 shall not be eligible for a loan under this paragraph.”

SEC. 311. Paycheck Protection Program Second Draw Loans.

(a)

In General.— Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following:

“(37) Paycheck protection program second draw loans.—

“(A) Definitions.—In this paragraph—

“(i) the terms ‘eligible self-employed individual’, ‘housing cooperative’, ‘nonprofit organization’, ‘payroll costs’, ‘seasonal employer’, and ‘veterans organization’ have the meanings given those terms in paragraph (36), except that ‘eligible entity’ shall be substituted for ‘eligible recipient’ each place it appears in the definitions of those terms;

“(ii) the term ‘covered loan’ means a loan made under this paragraph;

“(iii) the terms ‘covered mortgage obligation’, ‘covered operating expenditure’, ‘covered property damage cost’, ‘covered rent obligation’, ‘covered supplier cost’, ‘covered utility payment’, and ‘covered worker protection expenditure’ have the meanings given those terms in section 7A(a);

“(iv) the term ‘eligible entity’—

“(I) means any business concern, nonprofit organization, housing cooperative, veterans organization, Tribal business concern, eligible self-employed individual, sole proprietor, independent contractor, or small agricultural cooperative that—

“(aa) employs not more than 300 employees; and

“(bb)

(AA) except as provided in subitems (BB), (CC), and (DD), had gross receipts during the first, second, third, or, only with respect to an application submitted on or after January 1, 2021, fourth quarter in 2020 that demonstrate not less than a 25 percent reduction from the gross receipts of the entity during the same quarter in 2019;

“(BB) if the entity was not in business during the first or second quarter of 2019, but was in business during the third and fourth quarter of 2019, had gross receipts during the first, second, third, or, only with respect to an application submitted on or after January 1, 2021, fourth quarter of 2020 that demonstrate not less than a 25 percent reduction from the gross receipts of the entity during the third or fourth quarter of 2019;

“(CC) if the entity was not in business during the first, second, or third quarter of 2019, but was in business during the fourth quarter of 2019, had gross receipts during the first, second, third, or, only with respect to an application submitted on or after January 1, 2021, fourth quarter of 2020 that demonstrate not less than a 25 percent reduction from the gross receipts of the entity during the fourth quarter of 2019; or

“(DD) if the entity was not in business during 2019, but was in operation on February 15, 2020, had gross receipts during the second, third, or, only with respect to an application submitted on or after January 1, 2021, fourth quarter of 2020 that demonstrate not less than a 25 percent reduction from the gross receipts of the entity during the first quarter of 2020;

“(II) includes a business concern or organization made eligible for a loan under paragraph (36) under clause (iii)(II), (iv)(IV), or (vii) of subparagraph (D) of paragraph (36) and that meets the requirements described in items (aa) and (bb) of subclause (I); and

“(III) does not include—

“(aa) any entity that is a type of business concern (or would be, if such entity were a business concern) described in section 120.110 of title 13, Code of Federal Regulations (or in any successor regulation or other related guidance or rule that may be issued by the Administrator) other than a business concern described in subsection (a) or (k) of such section; or

“(bb) any business concern or entity primarily engaged in political or lobbying activities, which shall include any entity that is organized for research or for engaging in advocacy in areas such as public policy or political strategy or otherwise describes itself as a think tank in any public documents;

“(cc) any business concern or entity—

“(AA) for which an entity created in or organized under the laws of the People’s Republic of China or the Special Administrative Region of Hong Kong, or that has significant operations in the People’s Republic of China or the Special Administrative Region of Hong Kong, owns or holds, directly or indirectly, not less than 20 percent of the economic interest of the business concern or entity, including as equity shares or a capital or profit interest in a limited liability company or partnership; or

“(BB) that retains, as a member of the board of directors of the business concern, a person who is a resident of the People’s Republic of China;

“(dd) any person required to submit a registration statement under section 2 of the Foreign Agents Registration Act of 1938 (22 U.S.C. 612); or

“(ee) an eligible person or entity (as defined under section 24 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act) that receives a grant under such section 24; and

“(v) the term ‘Tribal business concern’ means a Tribal business concern described in section 31(b)(2)(C).

“(B) Loans.—Except as otherwise provided in this paragraph, the Administrator may guarantee covered loans to eligible entities under the same terms, conditions, and processes as a loan made under paragraph (36).

“(C) Maximum loan amount.—

“(i) In general.—Except as otherwise provided in this subparagraph, the maximum amount of a covered loan made to an eligible entity is the lesser of—

“(I) the product obtained by multiplying—

“(aa) at the election of the eligible entity, the average total monthly payment for payroll costs incurred or paid by the eligible entity during—

“(AA) the 1-year period before the date on which the loan is made; or

“(BB) calendar year 2019; by

“(bb) 2.5; or

“(II) $2,000,000.

“(ii) Seasonal employers.—The maximum amount of a covered loan made to an eligible entity that is a seasonal employer is the lesser of—

“(I) the product obtained by multiplying—

“(aa) at the election of the eligible entity, the average total monthly payments for payroll costs incurred or paid by the eligible entity for any 12-week period between February 15, 2019 and February 15, 2020; by

“(bb) 2.5; or

“(II) $2,000,000.

“(iii) New entities.—The maximum amount of a covered loan made to an eligible entity that did not exist during the 1-year period preceding February 15, 2020 is the lesser of—

“(I) the product obtained by multiplying—

“(aa) the quotient obtained by dividing—

“(AA) the sum of the total monthly payments by the eligible entity for payroll costs paid or incurred by the eligible entity as of the date on which the eligible entity applies for the covered loan; by

“(BB) the number of months in which those payroll costs were paid or incurred; by

“(bb) 2.5; or

“(II) $2,000,000.

“(iv) NAICS 72 entities.—The maximum amount of a covered loan made to an eligible entity that is assigned a North American Industry Classification System code beginning with 72 at the time of disbursal is the lesser of—

“(I) the product obtained by multiplying—

“(aa) at the election of the eligible entity, the average total monthly payment for payroll costs incurred or paid by the eligible entity during—

“(AA) the 1-year period before the date on which the loan is made; or

“(BB) calendar year 2019; by

“(bb) 3.5; or

“(II) $2,000,000.

“(D) Business concerns with more than 1 physical location.—

“(i) In general.—For a business concern with more than 1 physical location, the business concern shall be an eligible entity if the business concern would be eligible for a loan under paragraph (36) pursuant to clause (iii) of subparagraph (D) of such paragraph, as applied in accordance with clause (ii) of this subparagraph, and meets the revenue reduction requirements described in item (bb) of subparagraph (A)(iv)(I).

“(ii) Size limit.—For purposes of applying clause (i), the Administrator shall substitute ‘not more than 300 employees’ for ‘not more than 500 employees’ in paragraph (36)(D)(iii).

“(E) Waiver of affiliation rules.—

“(i) In general.—The waiver described in paragraph (36)(D)(iv) shall apply for purposes of determining eligibility under this paragraph.

“(ii) Size limit.—For purposes of applying clause (i), the Administrator shall substitute ‘not more than 300 employees’ for ‘not more than 500 employees’ in subclause (I) and (IV) of paragraph (36)(D)(iv).

“(F) Loan number limitation.—An eligible entity may only receive 1 covered loan.

“(G) Exception from certain certification requirements.—An eligible entity applying for a covered loan shall not be required to make the certification described in clause (iii) or (iv) of paragraph (36)(G).

“(H) Fee waiver.—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) Gross receipts and simplified certification of revenue test.—

“(i) Loans of up to $150,000.—For a covered loan of not more than $150,000, the eligible entity—

“(I) may submit a certification attesting that the eligible entity meets the applicable revenue loss requirement under subparagraph (A)(iv)(I)(bb); and

“(II) if the eligible entity submits a certification under subclause (I), shall, on or before the date on which the eligible entity submits an application for forgiveness under subparagraph (J), produce adequate documentation that the eligible entity met such revenue loss standard.

“(ii) For nonprofit and veterans organizations.—For purposes of calculating gross receipts under subparagraph (A)(iv)(I)(bb) for an eligible entity that is a nonprofit organization, a veterans organization, or an organization described in subparagraph (A)(iv)(II), gross receipts means gross receipts within the meaning of section 6033 of the Internal Revenue Code of 1986.

“(J) Loan forgiveness.—

“(i) Definition of covered period.—In this subparagraph, the term ‘covered period’ has the meaning given that term in section 7A(a).

“(ii) Forgiveness generally.—Except as otherwise provided in this subparagraph, an eligible entity shall be eligible for forgiveness of indebtedness on a covered loan in the same manner as an eligible recipient with respect to a loan made under paragraph (36) of this section, as described in section 7A.

“(iii) Forgiveness amount.—An eligible entity shall be eligible for forgiveness of indebtedness on a covered loan in an amount equal to the sum of the following costs incurred or expenditures made during the covered period:

“(I) Payroll costs, excluding any payroll costs that are—

“(aa) qualified wages, as defined in subsection (c)(3) of section 2301 of the CARES Act (26 U.S.C. 3111 note), taken into account in determining the credit allowed under such section; or

“(bb) qualified wages taken into account in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer Certainty and Disaster Relief Act of 2020.

“(II) 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).

“(III) Any covered operations expenditure.

“(IV) Any covered property damage cost.

“(V) Any payment on any covered rent obligation.

“(VI) Any covered utility payment.

“(VII) Any covered supplier cost.

“(VIII) Any covered worker protection expenditure.

“(iv) Limitation on forgiveness for all eligible entities.—Subject to any reductions under section 7A(d), the forgiveness amount under this subparagraph shall be equal to the lesser of—

“(I) the amount described in clause (ii); and

“(II) the amount equal to the quotient obtained by dividing—

“(aa) the amount of the covered loan used for payroll costs during the covered period; and

“(bb) 0.60.

“(v) Submission of materials for forgiveness.—For purposes of applying subsection (l)(1) of section 7A to a covered loan of not more than $150,000 under this paragraph, an eligible entity may be required to provide, at the time of the application for forgiveness, documentation required to substantiate revenue loss in accordance with subparagraph (I).

“(K) Lender eligibility.—Except as otherwise provided in this paragraph, a lender approved to make loans under paragraph (36) may make covered loans under the same terms and conditions as in paragraph (36).

“(L) Reimbursement for loan processing and servicing.—The Administrator shall reimburse a lender authorized to make a covered loan—

“(i) for a covered loan of not more than $50,000, in an amount equal to the lesser of—

“(I) 50 percent of the balance of the financing outstanding at the time of disbursement of the covered loan; or

“(II) $2,500;

“(ii) 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 a covered loan of more than $50,000 and not more than $350,000; and

“(II) 3 percent for a covered loan of more than $350,000.

“(M) Publication of guidance.—Not later than 10 days after the date of enactment of this paragraph, the Administrator shall issue guidance addressing barriers to accessing capital for minority, underserved, veteran, and women-owned business concerns for the purpose of ensuring equitable access to covered loans.

“(N) Standard operating procedure.—The Administrator shall, to the maximum extent practicable, allow a lender approved to make covered loans to use existing program guidance and standard operating procedures for loans made under this subsection.

“(O) Supplemental covered loans.—A covered loan under this paragraph may only be made to an eligible entity that—

“(i) has received a loan under paragraph (36); and

“(ii) on or before the expected date on which the covered loan under this paragraph is disbursed to the eligible entity, has used, or will use, the full amount of the loan received under paragraph (36).”

(b)

Application of Exemption Based on Employee Availability.—

(1)

In general.— Section 7A(d) of the Small Business Act, as redesignated and transferred by section 304 of this Act, is amended—

(A)

in paragraph (5)(B), by inserting “ (or, with respect to a covered loan made on or after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, not later than the last day of the covered period with respect to such covered loan)” after “ December 31, 2020” each place it appears; and

(B)

in paragraph (7)—

(i)

by inserting “ (or, with respect to a covered loan made on or after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, ending on the last day of the covered period with respect to such covered loan)” after “ December 31, 2020” the first and third places it appears; and

(ii)

by inserting “ (or, with respect to a covered loan made on or after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, on or before the last day of the covered period with respect to such covered loan)” after “ December 31, 2020” the second place it appears.

(2)

Modification of dates.— The Administrator and the Secretary of the Treasury may jointly, by regulation, modify any date in section 7A(d) of the Small Business Act, as redesignated and transferred by section 304 of this Act, other than a deadline established under an amendment made by paragraph (1), in a manner consistent with the purposes of the Paycheck Protection Program to help businesses retain workers and meet financial obligations.

(c)

Eligible Churches and Religious Organizations.—

(1)

Sense of congress.— It is the sense of Congress that the interim final rule of the Administration entitled “Business Loan Program Temporary Changes; Paycheck Protection Program” (85 Fed. Reg. 20817 (April 15, 2020)) properly clarified the eligibility of churches and religious organizations for loans made under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)).

(2)

Applicability of prohibition.— The prohibition on eligibility established by section 120.110(k) of title 13, Code of Federal Regulations, or any successor regulation, shall not apply to a loan under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)).

SEC. 312. Increased Ability for Paycheck Protection Program Borrowers to Request an Increase in Loan Amount Due to Updated Regulations.

(a)

Definitions.— In this section—

(1)

the terms “covered loan” and “eligible recipient” have the meanings given those terms in 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A)); and

(2)

the term “included covered loan” means a covered loan for which, as of the date of enactment of this Act, the borrower had not received forgiveness under section 1106 of the CARES Act, as in effect on the day before such date of enactment.

(b)

Rules or Guidance.— Not later than 17 days after the date of enactment of this Act, and without regard to the notice requirements under section 553(b) of title 5, United States Code, the Administrator shall issue rules or guidance to ensure that an eligible recipient of an included covered loan that returns amounts disbursed under the included covered loan or does not accept the full amount of the included covered loan for which the eligible recipient was approved—

(1)

in the case of an eligible recipient that returned all or part of an included covered loan, the eligible recipient may reapply for a covered loan for an amount equal to the difference between the amount retained and the maximum amount applicable; and

(2)

in the case of an eligible recipient that did not accept the full amount of an included covered loan, the eligible recipient may request a modification to increase the amount of the covered loan to the maximum amount applicable, subject to the requirements of section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)).

(c)

Interim Final Rules.— Notwithstanding the interim final rule issued by the Administration entitled “Business Loan Program Temporary Changes; Paycheck Protection Program—Loan Increases” (85 Fed. Reg. 29842 (May 19, 2020)), an eligible recipient of an included covered loan that is eligible for an increased covered loan amount as a result of any interim final rule that allows for covered loan increases may submit a request for an increase in the included covered loan amount even if—

(1)

the initial covered loan amount has been fully disbursed; or

(2)

the lender of the initial covered loan has submitted to the Administration a Form 1502 report related to the covered loan.

SEC. 313. Calculation of Maximum Loan Amount for Farmers and Ranchers under the Paycheck Protection Program.

(a)

In General.— Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), as amended by section 310 of this Act, is amended—

(1)

in subparagraph (E), in the matter preceding clause (i), by striking “ During” and inserting “ Except as provided in subparagraph (V), during”; and

(2)

by adding at the end the following:

“(V) Calculation of maximum loan amount for farmers and ranchers.—

“(i) Definition.—In this subparagraph, the term ‘covered recipient’ means an eligible recipient that—

“(I) operates as a sole proprietorship or as an independent contractor, or is an eligible self-employed individual;

“(II) reports farm income or expenses on a Schedule F (or any equivalent successor schedule); and

“(III) was in business as of February 15, 2020.

“(ii) No employees.—With respect to covered recipient without employees, the maximum covered loan amount shall be the lesser of—

“(I) the sum of—

“(aa) the product obtained by multiplying—

“(AA) the gross income of the covered recipient in 2019, as reported on a Schedule F (or any equivalent successor schedule), that is not more than $100,000, divided by 12; and

“(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 April 3, 2020 that the borrower intends to refinance under the covered loan, not including any amount of any advance under the loan that is not required to be repaid; or

“(II) $2,000,000.

“(iii) With employees.—With respect to a covered recipient with employees, the maximum covered loan amount shall be calculated using the formula described in subparagraph (E), except that the gross income of the covered recipient described in clause (ii)(I)(aa)(AA) of this subparagraph, as divided by 12, shall be added to the sum calculated under subparagraph (E)(i)(I).

“(iv) Recalculation.—A lender that made a covered loan to a covered recipient before the date of enactment of this subparagraph may, at the request of the covered recipient—

“(I) recalculate the maximum loan amount applicable to that covered loan based on the formula described in clause (ii) or (iii), as applicable, if doing so would result in a larger covered loan amount; and

“(II) provide the covered recipient with additional covered loan amounts based on that recalculation.”

(b)

Effective Date; Applicability.—

(1)

In general.— Except as provided in paragraph (2), the amendments made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan.

(2)

Exclusion of loans already forgiven.— The amendments made by subsection (a) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES Act, as in effect on the day before such date of enactment.

SEC. 314. Farm Credit System Institutions.

(a)

Definition of Farm Credit System Institution.— In this section, the term “Farm Credit System institution”—

(1)

means an institution of the Farm Credit System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); and

(2)

does not include the Federal Agricultural Mortgage Corporation.

(b)

Facilitation of Participation in PPP and Second Draw Loans.—

(1)

Applicable rules.— Solely with respect to loans under paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), Farm Credit Administration regulations and guidance issued as of July 14, 2020, and compliance with such regulations and guidance, shall be deemed functionally equivalent to requirements referenced in section 3(a)(iii)(II) of the interim final rule of the Administration entitled “Business Loan Program Temporary Changes; Paycheck Protection Program” (85 Fed. Reg. 20811 (April 15, 2020)) or any similar requirement referenced in that interim final rule in implementing such paragraph (37).

(2)

Applicability of certain loan requirements.— For purposes of making loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or forgiving those loans in accordance with section 7A of the Small Business Act, as redesignated and transferred by section 304 of this Act, and subparagraph (J) of such paragraph (37), sections 4.13, 4.14, and 4.14A of the Farm Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) (including regulations issued under those sections) shall not apply.

(3)

Risk weight.—

(A)

In general.— With respect to the application of Farm Credit Administration capital requirements, a loan described in subparagraph (B)—

(i)

shall receive a risk weight of zero percent; and

(ii)

shall not be included in the calculation of any applicable leverage ratio or other applicable capital ratio or calculation.

(B)

Loans described.— A loan referred to in subparagraph (A) is—

(i)

a loan made by a Farm Credit Bank described in section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) to a Federal Land Bank Association, a Production Credit Association, or an agricultural credit association described in that section to make loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or forgive those loans in accordance with section 7A of the Small Business Act, as redesignated and transferred by section 304 of this Act, and subparagraph (J) of such paragraph (37); or

(ii)

a loan made by a Federal Land Bank Association, a Production Credit Association, an agricultural credit association, or the bank for cooperatives described in section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)).

(c)

Effective Date; Applicability.— This section shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan.

SEC. 315. Definition of Seasonal Employer.

(a)

PPP Loans.— Section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A)) is amended—

(1)

in clause (xi), by striking “ and” at the end;

(2)

in clause (xii), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

“(xiii) the term ‘seasonal employer’ means an eligible recipient that—

“(I) does not operate for more than 7 months in any calendar year; or

“(II) during the preceding calendar year, had gross receipts for any 6 months of that year that were not more than 33.33 percent of the gross receipts of the employer for the other 6 months of that year;”

(b)

Loan Forgiveness.— Paragraph (12) of section 7A(a) of the Small Business Act, as so redesignated and transferred by section 304 of this Act, is amended to read as follows:

“(12) the terms ‘payroll costs’ and ‘seasonal employer’ have the meanings given those terms in section 7(a)(36).”

(c)

Effective Date; Applicability.— The amendments made by subsections (a) and (b) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan.

SEC. 316. Housing Cooperatives.

Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended—

(1)

in subparagraph (A), as amended by section 315(a) of this Act, by adding at the end the following:

“(xiv) the term ‘housing cooperative’ means a cooperative housing corporation (as defined in section 216(b) of the Internal Revenue Code of 1986) that employs not more than 300 employees;”

; and

(2)

in subparagraph (D)—

(A)

in clause (i), by inserting “ housing cooperative,” before “ veterans organization,” each place it appears; and

(B)

in clause (vi), by inserting “ , a housing cooperative,” before “ a veterans organization”.

SEC. 317. Eligibility of News Organizations for Loans under the Paycheck Protection Program.

(a)

Eligibility of Individual Stations, Newspapers, and Public Broadcasting Organizations.— Section 7(a)(36)(D)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(D)(iii)) is amended—

(1)

by striking “ During the covered period” and inserting the following:

“(I) In general.—During the covered period”

; and

(2)

by adding at the end the following

“(II) Eligibility of news organizations.—

“(aa) Definition.—In this subclause, the term ‘included business concern’ means a business concern, including any station which broadcasts pursuant to a license granted by the Federal Communications Commission under title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) without regard for whether such a station is a concern as defined in section 121.105 of title 13, Code of Federal Regulations, or any successor thereto—

“(AA) that employs not more than 500 employees, or the size standard established by the Administrator for the North American Industry Classification System code applicable to the business concern, per physical location of such business concern; or

“(BB) any nonprofit organization or any organization otherwise subject to section 511(a)(2)(B) of the Internal Revenue Code of 1986 that is a public broadcasting entity (as defined in section 397(11) of the Communications Act of 1934 (47 U.S.C. 397(11))).

“(bb) Eligibility.—During the covered period, an included business concern shall be eligible to receive a covered loan if—

“(AA) the included business concern is majority owned or controlled by a business concern that is assigned a North American Industry Classification System code beginning with 511110 or 5151 or, with respect to a public broadcasting entity (as defined in section 397(11) of the Communications Act of 1934 (47 U.S.C. 397(11))), has a trade or business that falls under such a code; and

“(BB) the included business concern makes a good faith certification that proceeds of the loan will be used to support expenses at the component of the included business concern that produces or distributes locally focused or emergency information.”

(b)

Eligibility of Affiliated Entities.— Section 7(a)(36)(D)(iv) of the Small Business Act (15 U.S.C. 636(a)(36)(D)(iv)) is amended—

(1)

in subclause (II), by striking “ and” at the end;

(2)

in subclause (III), by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following:

“(IV)

(aa) any business concern (including any station which broadcasts pursuant to a license granted by the Federal Communications Commission under title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) without regard for whether such a station is a concern as defined in section 121.105 of title 13, Code of Federal Regulations, or any successor thereto) that employs not more than 500 employees, or the size standard established by the Administrator for the North American Industry Classification System code applicable to the business concern, per physical location of such business concern and is majority owned or controlled by a business concern that is assigned a North American Industry Classification System code beginning with 511110 or 5151; or

“(bb) any nonprofit organization that is assigned a North American Industry Classification System code beginning with 5151.”

(c)

Application of Prohibition on Publicly Traded Companies.— Clause (viii) of section 7(a)(36)(D) of the Small Business Act (15 U.S.C. 636(a)(36)(D), as added by section 342 of this Act is amended—

(1)

by striking “ Notwithstanding” and inserting the following:

“(I) In general.—Subject to subclause (II), and notwithstanding”

; and

(2)

by adding at the end—

“(II) Rule for affiliated entities.—With respect to a business concern made eligible by clause (iii)(II) or clause (iv)(IV) of this subparagraph, the Administrator shall not consider whether any affiliated entity, which for purposes of this subclause shall include any entity that owns or controls such business concern, is an issuer.”

SEC. 318. ELIGIBILITY OF 501(c)(6) AND DESTINATION MARKETING ORGANIZATIONS FOR LOANS UNDER THE PAYCHECK PROTECTION PROGRAM.

Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended—

(1)

in subparagraph (A), as amended by section 316 of this Act, by adding at the end the following:

“(xv) the term ‘destination marketing organization’ means a nonprofit entity that is—

“(I) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or

“(II) a State, or a political subdivision of a State (including any instrumentality of such entities)—

“(aa) engaged in marketing and promoting communities and facilities to businesses and leisure travelers through a range of activities, including—

“(AA) assisting with the location of meeting and convention sites;

“(BB) providing travel information on area attractions, lodging accommodations, and restaurants;

“(CC) providing maps; and

“(DD) organizing group tours of local historical, recreational, and cultural attractions; or

“(bb) that is engaged in, and derives the majority of the operating budget of the entity from revenue attributable to, providing live events; and”

; and

(2)

in subparagraph (D), as amended by section 316 of this Act—

(A)

in clause (v), by inserting “ or for purposes of determining the number of employees of a housing cooperative or a business concern or organization made eligible for a loan under this paragraph under clause (iii)(II), (iv)(IV), or (vii),” after “ clause (i)(I),”;

(B)

in clause (vi), by inserting “ a business concern or organization made eligible for a loan under this paragraph under clause (vii),” after “ a nonprofit organization,”; and

(C)

by adding at the end the following:

“(vii) Eligibility for certain 501(c)(6) organizations.—

“(I) In general.—Any organization that is described in section 501(c)(6) of the Internal Revenue Code and that is exempt from taxation under section 501(a) of such Code (excluding professional sports leagues and organizations with the purpose of promoting or participating in a political campaign or other activity) shall be eligible to receive a covered loan if—

“(aa) the organization does not receive more than 15 percent of its receipts from lobbying activities;

“(bb) the lobbying activities of the organization do not comprise more than 15 percent of the total activities of the organization;

“(cc) the cost of the lobbying activities of the organization did not exceed $1,000,000 during the most recent tax year of the organization that ended prior to February 15, 2020; and

“(dd) the organization employs not more than 300 employees.

“(II) Destination marketing organizations.—Any destination marketing organization shall be eligible to receive a covered loan if—

“(aa) the destination marketing organization does not receive more than 15 percent of its receipts from lobbying activities;

“(bb) the lobbying activities of the destination marketing organization do not comprise more than 15 percent of the total activities of the organization;

“(cc) the cost of the lobbying activities of the destination marketing organization did not exceed $1,000,000 during the most recent tax year of the destination marketing organization that ended prior to February 15, 2020; and

“(dd) the destination marketing organization employs not more than 300 employees; and

“(ee) the destination marketing organization—

“(AA) is described in section 501(c) of the Internal Revenue Code and is exempt from taxation under section 501(a) of such Code; or

“(BB) is a quasi-governmental entity or is a political subdivision of a State or local government, including any instrumentality of those entities.”

SEC. 319. Prohibition on Use of Loan Proceeds for Lobbying Activities.

Section 7(a)(36)(F) of the Small Business Act (15 U.S.C. 636(a)(36)(F)) is amended by adding at the end the following:

“(vi) Prohibition.—None of the proceeds of a covered loan may be used for—

“(I) lobbying activities, as defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);

“(II) lobbying expenditures related to a State or local election; or

“(III) expenditures designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before Congress or any State government, State legislature, or local legislature or legislative body.”

SEC. 320. Bankruptcy Provisions.

(a)

In General.— Section 364 of title 11, United States Code, is amended by adding at the end the following:

“(g)

(1) The court, after notice and a hearing, may authorize a debtor in possession or a trustee that is authorized to operate the business of the debtor under section 1183, 1184, 1203, 1204, or 1304 of this title to obtain a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), and such loan shall be treated as a debt to the extent the loan is not forgiven in accordance with section 7A of the Small Business Act or subparagraph (J) of such paragraph (37), as applicable, with priority equal to a claim of the kind specified in subsection (c)(1) of this section.

“(2) The trustee may incur debt described in paragraph (1) notwithstanding any provision in a contract, prior order authorizing the trustee to incur debt under this section, prior order authorizing the trustee to use cash collateral under section 363, or applicable law that prohibits the debtor from incurring additional debt.

“(3) The court shall hold a hearing within 7 days after the filing and service of the motion to obtain a loan described in paragraph (1). Notwithstanding the Federal Rules of Bankruptcy Procedure, at such hearing, the court may grant relief on a final basis.”

(b)

Allowance of Administrative Expenses.— Section 503(b) of title 11, United States Code, is amended—

(1)

in paragraph (8)(B), by striking “ and” at the end;

(2)

in paragraph (9), by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following:

“(10) any debt incurred under section 364(g)(1) of this title.”

(c)

Confirmation of Plan for Reorganization.— Section 1191 of title 11, United States Code, is amended by adding at the end the following:

“(f) Special Provision Related to COVID–19 Pandemic.—Notwithstanding section 1129(a)(9)(A) of this title and subsection (e) of this section, a plan that provides for payment of a claim of a kind specified in section 503(b)(10) of this title may be confirmed under subsection (b) of this section if the plan proposes to make payments on account of such claim when due under the terms of the loan giving rise to such claim.”

(d)

Confirmation of Plan for Family Farmers and Fishermen.— Section 1225 of title 11, United States Code, is amended by adding at the end the following:

“(d) Notwithstanding section 1222(a)(2) of this title and subsection (b)(1) of this section, a plan that provides for payment of a claim of a kind specified in section 503(b)(10) of this title may be confirmed if the plan proposes to make payments on account of such claim when due under the terms of the loan giving rise to such claim.”

(e)

Confirmation of Plan for Individuals.— Section 1325 of title 11, United States Code, is amended by adding at the end the following:

“(d) Notwithstanding section 1322(a)(2) of this title and subsection (b)(1) of this section, a plan that provides for payment of a claim of a kind specified in section 503(b)(10) of this title may be confirmed if the plan proposes to make payments on account of such claim when due under the terms of the loan giving rise to such claim.”

(f)

Effective Date; Sunset.—

(1)

Effective date.— The amendments made by subsections (a) through (e) shall—

(A)

take effect on the date on which the Administrator submits to the Director of the Executive Office for United States Trustees a written determination that, subject to satisfying any other eligibility requirements, any debtor in possession or trustee that is authorized to operate the business of the debtor under section 1183, 1184, 1203, 1204, or 1304 of title 11, United States Code, would be eligible for a loan under paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)); and

(B)

apply to any case pending on or commenced on or after the date described in subparagraph (A).

(2)

Sunset.—

(A)

In general.— If the amendments made by subsections (a) through (e) take effect under paragraph (1), effective on the date that is 2 years after the date of enactment of this Act—

(i)

section 364 of title 11, United States Code, is amended by striking subsection (g);

(ii)

section 503(b) of title 11, United States Code, is amended—

(I)

in paragraph (8)(B), by adding “ and” at the end;

(II)

in paragraph (9), by striking “ ; and” at the end and inserting a period; and

(III)

by striking paragraph (10);

(iii)

section 1191 of title 11, United States Code, is amended by striking subsection (f);

(iv)

section 1225 of title 11, United States Code, is amended by striking subsection (d); and

(v)

section 1325 of title 11, United States Code, is amended by striking subsection (d).

(B)

Applicability.— Notwithstanding the amendments made by subparagraph (A) of this paragraph, if the amendments made by subsections (a) through (e) take effect under paragraph (1) of this subsection, such amendments shall apply to any case under title 11, United States Code, commenced before the date that is 2 years after the date of enactment of this Act.

SEC. 321. Oversight.

(a)

Compliance With Oversight Requirements.—

(1)

In general.— Except as provided in paragraph (2), on and after the date of enactment of this Act, the Administrator shall comply with any data or information requests or inquiries made by the Comptroller General of the United States not later than 15 days (or such later date as the Comptroller General may specify) after receiving the request or inquiry.

(2)

Exception.— If the Administrator is unable to comply with a request or inquiry described in paragraph (1) before the applicable date described in that paragraph, the Administrator shall, before such applicable date, submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a notification that includes a detailed justification for the inability of the Administrator to comply with the request or inquiry.

(b)

Testimony.— Not later than the date that is 120 days after the date of enactment of this Act, and not less than twice each year thereafter until the date that is 2 years after the date of enactment of this Act, the Administrator and the Secretary of the Treasury shall testify before the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding implementation of this Act and the amendments made by this Act.

SEC. 322. Conflicts of Interest.

(a)

Definitions.— In this section:

(1)

Controlling interest.— The term “controlling interest” means owning, controlling, or holding not less than 20 percent, by vote or value, of the outstanding amount of any class of equity interest in an entity.

(2)

Covered entity.—

(A)

Definition.— The term “covered entity” means an entity in which a covered individual directly or indirectly holds a controlling interest.

(B)

Treatment of securities.— For the purpose of determining whether an entity is a covered entity, the securities owned, controlled, or held by 2 or more individuals who are related as described in paragraph (3)(B) shall be aggregated.

(3)

Covered individual.— The term “covered individual” means—

(A)

the President, the Vice President, the head of an Executive department, or a Member of Congress; and

(B)

the spouse, as determined under applicable common law, of an individual described in subparagraph (A).

(4)

Executive department.— The term “Executive department” has the meaning given the term in section 101 of title 5, United States Code.

(5)

Member of congress.— The term “Member of Congress” means a Member of the Senate or House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.

(6)

Equity interest.— The term “equity interest” means—

(A)

a share in an entity, without regard to whether the share is—

(i)

transferable; or

(ii)

classified as stock or anything similar;

(B)

a capital or profit interest in a limited liability company or partnership; or

(C)

a warrant or right, other than a right to convert, to purchase, sell, or subscribe to a share or interest described in subparagraph (A) or (B), respectively.

(b)

Requirement for Disclosure Regarding Existing Loans.— For any loan under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) made to a covered entity before the date of enactment of this Act—

(1)

if, before the date of enactment of this Act, the covered entity submitted an application for forgiveness under section 1106 of the CARES Act (15 U.S.C. 9005) (as such section was in effect on the day before the date of enactment of this Act) with respect to such loan, not later than 30 days after the date of enactment of this Act, the principal executive officer, or individual performing a similar function, of the covered entity shall disclose to the Administrator that the entity is a covered entity; and

(2)

if, on or after the date of enactment of this Act, the covered entity submits an application for forgiveness under section 7A of the Small Business Act, as redesignated and transferred by section 304 of this Act, with respect to such loan, not later than 30 days after submitting the application, the principal executive officer, or individual performing a similar function, of the covered entity shall disclose to the Administrator that the entity is a covered entity.

(c)

Ban on New Loans.— On and after the date of enactment of this Act, a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added and amended by this Act, may not be made to a covered entity.

SEC. 323. Commitment Authority and Appropriations.

(a)

Commitment Authority.— Section 1102(b) of the CARES Act (Public Law 116–136) is amended—

(1)

in paragraph (1)—

(A)

in the paragraph heading, by inserting “ and second draw” after “ PPP”;

(B)

by striking “ August 8, 2020” and inserting “ March 31, 2021”;

(C)

by striking “ paragraph (36)” and inserting “ paragraphs (36) and (37)”; and

(D)

by striking “ $659,000,000,000” and inserting “ $806,450,000,000”; and

(2)

by adding at the end the following:

“(3) 2021 7(a) loan program level and funding.—Notwithstanding the amount authorized under the heading ‘Small Business Administration—Business Loans Program Account’under the Financial Services and General Government Appropriations Act, 2021 for commitments for general business loans authorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), commitments for general business loans authorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) shall not exceed $75,000,000,000 for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans during the period beginning on the date of enactment of this Act and ending on September 30, 2021.”

(b)

Clarification of Secondary Market Cap.— Section 1107(b) of the CARES Act (15 U.S.C. 9006(b)) is amended by inserting “ with respect to loans under any paragraph of section 7(a) of the Small Business Act (15 U.S.C. 636(a))” before “ shall not exceed”.

(c)

Rescission.— With respect to unobligated balances under the heading “Small Business Administration—Business Loans Program Account, CARES Act” as of the day before the date of enactment of this Act, $146,500,000,000 shall be rescinded and deposited into the general fund of the Treasury.

(d)

Direct Appropriations.—

(1)

New direct appropriations for ppp loans, second draw loans, and the mbda.— There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, to remain available until expended, for additional amounts—

(A)

$284,450,000,000 under the heading “Small Business Administration—Business Loans Program Account, CARES Act”, for the cost of guaranteed loans as authorized under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended and added by this Act, including the cost of any modifications to any loans guaranteed under such paragraph (36) that were approved on or before August 8, 2020, of which—

(i)

not less than $15,000,000,000 shall be for guaranteeing loans under such paragraph (36) or (37) made by community financial institutions, as defined in section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A));

(ii)

not less than $15,000,000,000 shall be for guaranteeing loans under such paragraph (36) or (37) made by—

(I)

insured depository institutions (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) with consolidated assets of less than $10,000,000,000;

(II)

credit unions (as defined in section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A))) with consolidated assets of less than $10,000,000,000; or

(III)

institutions of the Farm Credit System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) with consolidated assets of less than $10,000,000,000 (not including the Federal Agricultural Mortgage Corporation);

(iii)

not less than $15,000,000,000 shall be for guaranteeing loans under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended by this Act, that are—

(I)

made to eligible recipients with not more than 10 employees; or

(II)

in an amount that is not more than $250,000 and made to an eligible recipient that is located in a neighborhood that is a low-income neighborhood or a moderate-income neighborhood, for the purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.);

(iv)

not less than $35,000,000,000 shall be for guaranteeing loans under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended by this Act, to eligible recipients that have not previously received a loan under such paragraph (36); and

(v)

not less than $25,000,000,000 shall be for guaranteeing loans under paragraph (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by this Act, that are—

(I)

made to eligible entities with not more than 10 employees; or

(II)

in an amount that is not more than $250,000 and made to an eligible entity that is located in a neighborhood that is a low-income neighborhood or a moderate-income neighborhood, for the purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.);

(B)

$25,000,000 under the heading “Department of Commerce—Minority Business Development Agency” for the Minority Business Development Centers Program, including Specialty Centers, for necessary expenses, including any cost sharing requirements that may exist, for assisting minority business enterprises to prevent, prepare for, and respond to coronavirus, including identifying and accessing local, State, and Federal government assistance related to such virus;

(C)

$50,000,000 under the heading “Small Business Administration—Salaries and Expenses” for the cost of carrying out reviews and audits of loans under subsection (l) of section 7A of the Small Business Act, as redesignated, transferred, and amended by this Act;

(D)

$20,000,000,000 under the heading “Small Business Administration—Targeted EIDL Advance” to carry out section 331 of this Act, of which $20,000,000 shall be made available to the Inspector General of the Small Business Administration to prevent waste, fraud, and abuse with respect to funding made available under that section;

(E)

$57,000,000 for the program established under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) of which—

(i)

$50,000,000 shall be to provide technical assistance grants under such section 7(m) under the heading “Small Business Administration—Entrepreneurial Development Programs”; and

(ii)

$7,000,000 shall be to provide direct loans under such section 7(m) under the heading “Small Business Administration—Business Loans Program Account”;

(F)

$1,918,000,000 under the heading “Small Business Administration—Business Loans Program Account” for the cost of guaranteed loans as authorized by paragraphs (1) through (35) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), including the cost of carrying out sections 326, 327, and 328 of this Act;

(G)

$3,500,000,000 under the heading “Small Business Administration—Business Loans Program Account, CARES Act” for carrying out section 325 of this Act; and

(H)

$15,000,000,000 under the heading “Small Business Administration—Shuttered Venue Operators” to carry out section 324 of this Act.

(2)

Modification of set-asides.—

(A)

In general.— Notwithstanding paragraph (1)(A), if the Administrator makes the determination described in subparagraph (B) of this paragraph, the Administrator may reduce the amount of any allocation under paragraph (1)(A) to be such amount as the Administrator may determine necessary.

(B)

Requirements for determination.— The determination described in this subparagraph is a determination by the Administrator that—

(i)

is not made earlier than 25 days after the date of enactment of this Act;

(ii)

it is not reasonably expected that a type of entity described in paragraph (1)(A) will make, or receive, as applicable, the minimum amount of loans necessary to meet the applicable allocation under paragraph(1)(A); and

(iii)

it is reasonably expected that the total amount of loans guaranteed under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended and added by this Act, will equal substantially all of the amount permitted by available funds by March 31, 2021.

(3)

Appropriations for the office of inspector general.—

(A)

In general.— Effective on the date of enactment of this Act, the remaining unobligated balances of funds from amounts made available for “Small Business Administration—Office of Inspector General” under section 1107(a)(3) of the CARES Act (15 U.S.C. 9006(a)(3)), are hereby rescinded.

(B)

Funding.—

(i)

In general.— There is appropriated, for an additional amount, for the fiscal year ending September 30, 2021, out of amounts in the Treasury not otherwise appropriated, an amount equal to the amount rescinded under subparagraph (A), to remain available until expended, under the heading “Small Business Administration—Office of Inspector General”.

(ii)

Use of funds.— The amounts made available under clause (i) shall be available for the same purposes, in addition to other funds as may be available for such purposes, and under the same authorities as the amounts made available under section 1107(a)(3) of the CARES Act (15 U.S.C. 9006(a)(3)).

SEC. 324. Grants for Shuttered Venue Operators.

(a)

Definitions.— In this section:

(1)

Eligible person or entity.—

(A)

In general.— The term “eligible person or entity” means a live venue operator or promoter, theatrical producer, or live performing arts organization operator, a relevant museum operator, a motion picture theatre operator, or a talent representative that meets the following requirements:

(i)

(I)

was fully operational as a live venue operator or promoter, theatrical producer, or live performing arts organization operator, a relevant museum operator, a motion picture theatre operator, or a talent representative on February 29, 2020; and

(II)

has gross earned revenue during the first, second, third, or, only with respect to an application submitted on or after January 1, 2021, fourth quarter in 2020 that demonstrates not less than a 25 percent reduction from the gross earned revenue of the live venue operator or promoter, theatrical producer, or live performing arts organization operator, the relevant museum operator, the motion picture theatre operator, or the talent representative during the same quarter in 2019.

(ii)

As of the date of the grant under this section—

(I)

the live venue operator or promoter, theatrical producer, or live performing arts organization operator is or intends to resume organizing, promoting, producing, managing, or hosting future live events described in paragraph (3)(A)(i);

(II)

the motion picture theatre operator is open or intends to reopen for the primary purpose of public exhibition of motion pictures;

(III)

the relevant museum operator is open or intends to reopen; or

(IV)

the talent representative is representing or managing artists and entertainers.

(iii)

The venues at which the live venue operator or promoter, theatrical producer, or live performing arts organization operator promotes, produces, manages, or hosts events described in paragraph (3)(A)(i) or the artists and entertainers represented or managed by the talent representative perform have the following characteristics:

(I)

A defined performance and audience space.

(II)

Mixing equipment, a public address system, and a lighting rig.

(III)

Engages 1 or more individuals to carry out not less than 2 of the following roles:

(aa)

A sound engineer.

(bb)

A booker.

(cc)

A promoter.

(dd)

A stage manager.

(ee)

Security personnel.

(ff)

A box office manager.

(IV)

There is a paid ticket or cover charge to attend most performances and artists are paid fairly and do not play for free or solely for tips, except for fundraisers or similar charitable events.

(V)

For a venue owned or operated by a nonprofit entity that produces free events, the events are produced and managed primarily by paid employees, not by volunteers.

(VI)

Performances are marketed through listings in printed or electronic publications, on websites, by mass email, or on social media.

(iv)

A motion picture theatre or motion picture theatres operated by the motion picture theatre operator have the following characteristics:

(I)

At least 1 auditorium that includes a motion picture screen and fixed audience seating.

(II)

A projection booth or space containing not less than 1 motion picture projector.

(III)

A paid ticket charge to attend exhibition of motion pictures.

(IV)

Motion picture exhibitions are marketed through showtime listings in printed or electronic publications, on websites, by mass mail, or on social media.

(v)

The relevant museum or relevant museums for which the relevant museum operator is seeking a grant under this section have the following characteristics:

(I)

Serving as a relevant museum as its principal business activity.

(II)

Indoor exhibition spaces that are a component of the principal business activity and which have been subjected to pandemic-related occupancy restrictions.

(III)

At least 1 auditorium, theater, or performance or lecture hall with fixed audience seating and regular programming.

(vi)

(I)

The live venue operator or promoter, theatrical producer, or live performing arts organization operator, the relevant museum operator, the motion picture theatre operator, or the talent representative does not have, or is not majority owned or controlled by an entity with, any of the following characteristics:

(aa)

Being an issuer, the securities of which are listed on a national securities exchange.

(bb)

Receiving more than 10 percent of gross revenue from Federal funding during 2019, excluding amounts received by the live venue operator or promoter, theatrical producer, or live performing arts organization operator, the relevant museum operator, the motion picture theatre operator, or the talent representative under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(II)

(aa)

Owning or operating venues, relevant museums, motion picture theatres, or talent agencies or talent management companies in more than 1 country.

(bb)

Owning or operating venues, relevant museums, motion picture theatres, or talent agencies or talent management companies in more than 10 States.

(cc)

Employing more than 500 employees as of February 29, 2020, determined on a full-time equivalent basis in accordance with subparagraph (C).

(III)

The live venue operator or promoter, theatrical producer, or live performing arts organization operator, the relevant museum operator, the motion picture theatre operator, or the talent representative has not received, on or after the date of enactment of this Act, a loan guaranteed under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended and added by this division.

(IV)

For purposes of applying the characteristics described in subclauses (I), (II), and (III) to an entity owned by a State or a political subdivision of a State, the relevant entity—

(aa)

shall be the live venue operator or promoter, theatrical producer, or live performing arts organization operator, the relevant museum operator, the motion picture theatre operator, or the talent representative; and

(bb)

shall not include entities of the State or political subdivision other than the live venue operator or promoter, theatrical producer, or live performing arts organization operator, the relevant museum operator, the motion picture theatre operator, or the talent representative.

(B)

Exclusion.— The term “eligible person or entity” shall not include a live venue operator or promoter, theatrical producer, or live performing arts organization operator, a relevant museum operator, a motion picture theatre operator, or a talent representative that—

(i)

presents live performances of a prurient sexual nature; or

(ii)

derives, directly or indirectly, more than de minimis gross revenue through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.

(C)

Calculation of full-time employees.— For purposes of determining the number of full-time equivalent employees under subparagraph (A)(vi)(II)(cc) of this paragraph and under paragraph (2)(E)—

(i)

any employee working not fewer than 30 hours per week shall be considered a full-time employee; and

(ii)

any employee working not fewer than 10 hours and fewer than 30 hours per week shall be counted as one-half of a full-time employee.

(D)

Multiple business entities.— Each business entity of an eligible person or entity that also meets the requirements under subparagraph (A) and that is not described in subparagraph (B) shall be treated by the Administrator as an independent, non-affiliated entity for the purposes of this section.

(2)

Exchange; issuer; security.— The terms “exchange”, “issuer”, and “security” have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).

(3)

Live venue operator or promoter, theatrical producer, or live performing arts organization operator.— The term “live venue operator or promoter, theatrical producer, or live performing arts organization operator”—

(A)

means—

(i)

an individual or entity—

(I)

that, as a principal business activity, organizes, promotes, produces, manages, or hosts live concerts, comedy shows, theatrical productions, or other events by performing artists for which—

(aa)

a cover charge through ticketing or front door entrance fee is applied; and

(bb)

performers are paid in an amount that is based on a percentage of sales, a guarantee (in writing or standard contract), or another mutually beneficial formal agreement; and

(II)

for which not less than 70 percent of the earned revenue of the individual or entity is generated through, to the extent related to a live event described in subclause (I), cover charges or ticket sales, production fees or production reimbursements, nonprofit educational initiatives, or the sale of event beverages, food, or merchandise; or

(ii)

an individual or entity that, as a principal business activity, makes available for purchase by the public an average of not less than 60 days before the date of the event tickets to events—

(I)

described in clause (i)(I); and

(II)

for which performers are paid in an amount that is based on a percentage of sales, a guarantee (in writing or standard contract), or another mutually beneficial formal agreement; and

(B)

includes an individual or entity described in subparagraph (A) that—

(i)

operates for profit;

(ii)

is a nonprofit organization;

(iii)

is government-owned; or

(iv)

is a corporation, limited liability company, or partnership or operated as a sole proprietorship.

(4)

Motion picture theatre operator.— The term “motion picture theatre operator” means an individual or entity that—

(A)

as the principal business activity of the individual or entity, owns or operates at least 1 place of public accommodation for the purpose of motion picture exhibition for a fee; and

(B)

includes an individual or entity described in subparagraph (A) that—

(i)

operates for profit;

(ii)

is a nonprofit organization;

(iii)

is government-owned; or

(iv)

is a corporation, limited liability company, or partnership or operated as a sole proprietorship.

(5)

National securities exchange.— The term “national securities exchange” means an exchange registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f).

(6)

Nonprofit.— The term “nonprofit”, with respect to an organization, means that the organization is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986.

(7)

Relevant museum.— The term “relevant museum”—

(A)

has the meaning given the term “museum” in section 273 of the Museum and Library Services Act (20 U.S.C. 9172); and

(B)

shall not include any entity that is organized as a for-profit entity.

(8)

Seasonal employer.— The term “seasonal employer” has the meaning given that term in subparagraph (A) of section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)), as amended by this Act.

(9)

State.— The term “State” means—

(A)

a State;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico; and

(D)

any other territory or possession of the United States.

(10)

Talent representative.— The term “talent representative”—

(A)

means an agent or manager that—

(i)

as not less than 70 percent of the operations of the agent or manager, is engaged in representing or managing artists and entertainers;

(ii)

books or represents musicians, comedians, actors, or similar performing artists primarily at live events in venues or at festivals; and

(iii)

represents performers described in clause (ii) that are paid in an amount that is based on the number of tickets sold, or a similar basis; and

(B)

includes an agent or manager described in subparagraph (A) that—

(i)

operates for profit;

(ii)

is a nonprofit organization;

(iii)

is government-owned; or

(iv)

is a corporation, limited liability company, or partnership or operated as a sole proprietorship.

(b)

Authority.—

(1)

In general.—

(A)

Administration.— The Associate Administrator for the Office of Disaster Assistance of the Administration shall coordinate and formulate policies relating to the administration of grants made under this section.

(B)

Certification of need.— An eligible person or entity applying for a grant under this section shall submit a good faith certification that the uncertainty of current economic conditions makes necessary the grant to support the ongoing operations of the eligible person or entity.

(2)

Initial grants.—

(A)

In general.— The Administrator may make initial grants to eligible persons or entities in accordance with this section.

(B)

Initial priorities for awarding grants.—

(i)

First priority in awarding grants.— During the initial 14-day period during which the Administrator awards grants under this paragraph, the Administrator shall only award grants to an eligible person or entity with revenue, during the period beginning on April 1, 2020 and ending on December 31, 2020, that is not more than 10 percent of the revenue of the eligible person or entity during the period beginning on April 1, 2019 and ending on December 31, 2019, due to the COVID–19 pandemic.

(ii)

Second priority in awarding grants.— During the 14-day period immediately following the 14-day period described in clause (i), the Administrator shall only award grants to an eligible person or entity with revenue, during the period beginning on April 1, 2020 and ending on December 31, 2020, that is not more than 30 percent of the revenue of the eligible person or entity during the period beginning on April 1, 2019 and ending on December 31, 2019, due to the COVID–19 pandemic.

(iii)

Determination of revenue.— For purposes of clauses (i) and (ii)—

(I)

any amounts received by an eligible person or entity under the CARES Act (Public Law 116–136; 134 Stat. 281) or an amendment made by the CARES Act shall not be counted as revenue of an eligible person or entity;

(II)

the Administrator shall use an accrual method of accounting for determining revenue; and

(III)

the Administrator may use alternative methods to establish revenue losses for an eligible person or entity that is a seasonal employer and that would be adversely impacted if January, February, and March are excluded from the calculation of year-over-year revenues.

(iv)

Limit on use of amounts for priority applicants.— The Administrator may use not more than 80 percent of the amounts appropriated under section 323(d)(1)(H) of this Act to carry out this section to make initial grants under this paragraph to eligible persons or entities described in clause (i) or (ii) of this subparagraph that apply for a grant under this paragraph during the initial 28-day period during which the Administrator awards grants under this paragraph.

(C)

Grants after priority periods.— After the end of the initial 28-day period during which the Administrator awards grants under this paragraph, the Administrator may award an initial grant to any eligible person or entity.

(D)

Limits on number of initial grants to affiliates.— Not more than 5 business entities of an eligible person or entity that would be considered affiliates under the affiliation rules of the Administration may receive a grant under this paragraph.

(E)

Set-aside for small employers.—

(i)

In general.— Subject to clause (ii), not less than $2,000,000,000 of the total amount of grants made available under this paragraph shall be awarded to eligible persons or entities which employ not more than 50 full-time employees, determined in accordance with subsection (a)(1)(C).

(ii)

Time limit.— Clause (i) shall not apply on and after the date that is 60 days after the Administrator begins awarding grants under this section and, on and after such date, amounts available for grants under this section may be used for grants under this section to any eligible person or entity.

(3)

Supplemental grants.—

(A)

In general.— Subject to subparagraph (B), the Administrator may make a supplemental grant in accordance with this section to an eligible person or entity that receives a grant under paragraph (2) if, as of April 1, 2021, the revenues of the eligible person or entity for the most recent calendar quarter are not more than 30 percent of the revenues of the eligible person or entity for the corresponding calendar quarter during 2019 due to the COVID–19 pandemic.

(B)

Processing timely initial grant applications first.— The Administrator may not award a supplemental grant under subparagraph (A) until the Administrator has completed processing (including determining whether to award a grant) each application for an initial grant under paragraph (2) that is submitted by an eligible person or entity on or before the date that is 60 days after the date on which the Administrator begins accepting such applications.

(4)

Certification.— An eligible person or entity applying for a grant under this section that is an eligible business described in the matter preceding subclause (I) of section 4003(c)(3)(D)(i) of the CARES Act (15 U.S.C. 9042(c)(3)(D)(i)), shall make a good-faith certification described in subclauses (IX) and (X) of such section.

(c)

Amount.—

(1)

Initial grants.—

(A)

In general.— A grant under subsection (b)(2) shall be in the amount equal to the lesser of—

(i)

(I)

for an eligible person or entity that was in operation on January 1, 2019, the amount equal to 45 percent of the gross earned revenue of the eligible person or entity during 2019; or

(II)

for an eligible person or entity that began operations after January 1, 2019, the amount equal to the product obtained by multiplying—

(aa)

the average monthly gross earned revenue for each full month during which the eligible person or entity was in operation during 2019; by

(bb)

6; or

(ii)

$10,000,000.

(B)

Application to relevant museum operators.— A relevant museum operator may not receive grants under subsection (b)(2) in a total amount that is more than $10,000,000 with respect to all relevant museums operated by the relevant museum operator.

(2)

Supplemental grants.— A grant under subsection (b)(3) shall be in the amount equal to 50 percent of the grant received by the eligible person or entity under subsection (b)(2).

(3)

Overall maximums.— The total amount of grants received under paragraphs (2) and (3) of subsection (b) by an eligible person or entity shall be not more than $10,000,000.

(d)

Use of Funds.—

(1)

Timing.—

(A)

Expenses incurred.—

(i)

In general.— Except as provided in clause (ii), amounts received under a grant under this section may be used for costs incurred during the period beginning on March 1, 2020, and ending on December 31, 2021.

(ii)

Extension for supplemental grants.— If an eligible person or entity receives a grant under subsection (b)(3), amounts received under either grant under this section may be used for costs incurred during the period beginning on March 1, 2020, and ending on June 30, 2022.

(B)

Expenditure.—

(i)

In general.— Except as provided in clause (ii), an eligible person or entity shall return to the Administrator any amounts received under a grant under this section that are not expended on or before the date that is 1 year after the date of disbursement of the grant.

(ii)

Extension for supplemental grants.— If an eligible person or entity receives a grant under subsection (b)(3), the eligible person or entity shall return to the Administrator any amounts received under either grant under this section that are not expended on or before the date that is 18 months after the date of disbursement to the eligible person or entity of the grant under subsection (b)(2).

(2)

Allowable expenses.—

(A)

Definitions.— In this paragraph—

(i)

the terms “covered mortgage obligation”, “covered rent obligation”, “covered utility payment”, and “covered worker protection expenditure” have the meanings given those terms in section 7A(a) of the Small Business Act, as redesignated, transferred, and amended by this Act; and

(ii)

the term “payroll costs” has the meaning given that term in section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A).

(B)

Expenses.— An eligible person or entity may use amounts received under a grant under this section for—

(i)

payroll costs;

(ii)

payments on any covered rent obligation;

(iii)

any covered utility payment;

(iv)

scheduled payments of interest or principal on any covered mortgage obligation (which shall not include any prepayment of principal on a covered mortgage obligation);

(v)

scheduled payments of interest or principal on any indebtedness or debt instrument (which shall not include any prepayment of principal) incurred in the ordinary course of business that is a liability of the eligible person or entity and was incurred prior to February 15, 2020;

(vi)

covered worker protection expenditures;

(vii)

payments made to independent contractors, as reported on Form–1099 MISC, not to exceed a total of $100,000 in annual compensation for any individual employee of an independent contractor; and

(viii)

other ordinary and necessary business expenses, including—

(I)

maintenance expenses;

(II)

administrative costs, including fees and licensing costs;

(III)

State and local taxes and fees;

(IV)

operating leases in effect as of February 15, 2020;

(V)

payments required for insurance on any insurance policy; and

(VI)

advertising, production transportation, and capital expenditures related to producing a theatrical or live performing arts production, concert, exhibition, or comedy show, except that a grant under this section may not be used primarily for such expenditures.

(3)

Prohibited expenses.— An eligible person or entity may not use amounts received under a grant under this section—

(A)

to purchase real estate;

(B)

for payments of interest or principal on loans originated after February 15, 2020;

(C)

to invest or re-lend funds;

(D)

for contributions or expenditures to, or on behalf of, any political party, party committee, or candidate for elective office; or

(E)

for any other use as may be prohibited by the Administrator.

(e)

Increased Oversight of Shuttered Venue Operator Grants.— The Administrator shall increase oversight of eligible persons and entities receiving grants under this section, which may include the following:

(1)

Documentation.— Additional documentation requirements that are consistent with the eligibility and other requirements under this section, including requiring an eligible person or entity that receives a grant under this section to retain records that document compliance with the requirements for grants under this section—

(A)

with respect to employment records, for the 4-year period following receipt of the grant; and

(B)

with respect to other records, for the 3-year period following receipt of the grant.

(2)

Reviews of use.— Reviews of the use of the grant proceeds by an eligible person or entity to ensure compliance with requirements established under this section and by the Administrator, including that the Administrator may—

(A)

review and audit grants under this section; and

(B)

in the case of fraud or other material noncompliance with respect to a grant under this section—

(i)

require repayment of misspent funds; or

(ii)

pursue legal action to collect funds.

(f)

Shuttered Venue Oversight and Audit Plan.—

(1)

In general.— Not later than 45 days after the date of enactment of this Act, 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 an audit plan that details—

(A)

the policies and procedures of the Administrator for conducting oversight and audits of grants under this section; and

(B)

the metrics that the Administrator shall use to determine which grants under this section will be audited pursuant to subsection (e).

(2)

Reports.— Not later than 60 days after the date of enactment of this Act, and each month thereafter until the date that is 1 year after the date on which all amounts made available under section 323(d)(1)(H) of this Act have been expended, 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 on the oversight and audit activities of the Administrator under this subsection, which shall include—

(A)

the total number of initial grants approved and disbursed;

(B)

the total amount of grants received by each eligible person or entity, including any supplemental grants;

(C)

the number of active investigations and audits of grants under this section;

(D)

the number of completed reviews and audits of grants under this section, including a description of any findings of fraud or other material noncompliance.

(E)

any substantial changes made to the oversight and audit plan submitted under paragraph (1).

SEC. 325. Extension of the Debt Relief Program.

(a)

In General.— Section 1112 of the CARES Act (15 U.S.C. 9011) is amended—

(1)

in subsection (c)—

(A)

by striking paragraph (1) and inserting the following:

“(1) In general.—Subject to the other provisions of this section, the Administrator shall pay the principal, interest, and any associated fees that are owed on a covered loan in a regular servicing status, without regard to the date on which the covered loan is fully disbursed, and subject to availability of funds, as follows:

“(A) With respect to a covered loan made before the date of enactment of this Act and not on deferment, the Administrator shall make those payments as follows:

“(i) The Administrator shall make those payments for the 6-month period beginning with the next payment due on the covered loan.

“(ii) In addition to the payments under clause (i)—

“(I) with respect to a covered loan other than a covered loan described in paragraph (1)(A)(i) or (2) of subsection (a), the Administrator shall make those payments for—

“(aa) the 3-month period beginning with the first payment due on the covered loan on or after February 1, 2021; and

“(bb) an additional 5-month period immediately following the end of the 3-month period provided under item (aa) if the covered loan is made to a borrower that, according to records of the Administration, is assigned a North American Industry Classification System code beginning with 61, 71, 72, 213, 315, 448, 451, 481, 485, 487, 511, 512, 515, 532, or 812; and

“(II) with respect to a covered loan described in paragraph (1)(A)(i) or (2) of subsection (a), the Administrator shall make those payments for the 8-month period beginning with the first payment due on the covered loan on or after February 1, 2021.

“(B) With respect to a covered loan made before the date of enactment of this Act and on deferment, the Administrator shall make those payments as follows:

“(i) The Administrator shall make those payments for the 6-month period beginning with the next payment due on the covered loan after the deferment period.

“(ii) In addition to the payments under clause (i)—

“(I) with respect to a covered loan other than a covered loan described in paragraph (1)(A)(i) or (2) of subsection (a), the Administrator shall make those payments for—

“(aa) the 3-month period (beginning on or after February 1, 2021) beginning with the later of—

“(AA) the next payment due on the covered loan after the deferment period; or

“(BB) the first month after the Administrator has completed the payments under clause (i); and

“(II) with respect to a loan described in paragraph (1)(A)(i) or (2) of subsection (a), the 8-month period (beginning on or after February 1, 2021) beginning with the later of—

“(aa) the next payment due on the covered loan after the deferment period; or

“(bb) the first month after the payments under clause (i) are complete.

“(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.

“(D) With respect to a covered loan approved during the period beginning on February 1, 2021, and ending on September 30, 2021, for the 6-month period beginning with the first payment due on the covered loan.”

; and

(B)

by adding at the end the following:

“(4) Limitation.—

“(A) In general.—No single monthly payment of principal, interest, and associated fees made by the Administrator under subparagraph (A)(ii), (B)(ii), or (D) of paragraph (1) with respect to a covered loan may be in a total amount that is more than $9,000.

“(B) Treatment of additional amounts owed.—If, for a month, the total amount of principal, interest, and associated fees that are owed on a covered loan for which the Administration makes payments under paragraph (1) is more than $9,000 the Administrator may require the lender with respect to the covered loan to add the amount by which those costs exceed $9,000 for that month as interest to be paid by the borrower with respect to the covered loan at the end of the loan period.

“(5) Additional provisions for new loans.—With respect to a loan described in paragraph (1)(C)—

“(A) the Administrator may further extend the period described in paragraph (1)(C) if there are sufficient funds to continue those payments; and

“(B) during the underwriting process, a lender of such a loan may consider the payments under this section as part of a comprehensive review to determine the ability to repay over the entire period of maturity of the loan.

“(6) Eligibility.—Eligibility for a covered loan to receive such payments of principal, interest, and any associated fees under this subsection shall be based on the date on which the covered loan is approved by the Administration.

“(7) Authority to revise extensions.—

“(A) In general.—The Administrator shall monitor whether amounts made available to make payments under this subsection are sufficient to make the payments for the periods described in paragraph (1).

“(B) Plan.—If the Administrator determines under subparagraph (A) that the amounts made available to make payments under this subsection are insufficient, the Administrator shall—

“(i) develop a plan to proportionally reduce the number of months provided for each period described in paragraph (1), while ensuring all amounts made available to make payments under this subsection are fully expended; and

“(ii) before taking action under the plan developed under clause (i), submit to Congress a report regarding the plan, which shall include the data that informs the plan.

“(8) Additional requirements.—With respect to the payments made under this subsection—

“(A) no lender may charge a late fee to a borrower with respect to a covered loan during any period in which the Administrator makes payments with respect to the covered loan under paragraph (1); and

“(B) the Administrator shall, with respect to a covered loan, make all payments with respect to the covered loan under paragraph (1) not later than the 15th day of the applicable month.

“(9) Rule of construction.—Except as provided in paragraph (4), nothing in this subsection may be construed to preclude a borrower from receiving full payments of principal, interest, and any associated fees authorized under this subsection with respect to a covered loan.”

(2)

by redesignating subsection (f) as subsection (i); and

(3)

by inserting after subsection (e) the following:

“(f) Eligibility for New Loans.—For each individual lending program under this section, the Administrator may establish a minimum loan maturity period, taking into consideration the normal underwriting requirements for each such program, with the goal of preventing abuse under the program.

“(g) Limitation on Assistance.—A borrower may not receive assistance under subsection (c) for more than 1 covered loan of the borrower described in paragraph (1)(C) of that subsection.

“(h) Reporting and Outreach.—

“(1) Updated information.—

“(A) In general.—Not later than 14 days after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, the Administrator shall make publicly available information regarding the modifications to the assistance provided under this section under the amendments made by such Act.

“(B) Guidance.—Not later than 21 days after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act the Administrator shall issue guidance on implementing the modifications to the assistance provided under this section under the amendments made by such Act.

“(2) Publication of list.—Not later than March 1, 2021, the Administrator shall transmit to each lender of a covered loan a list of each borrower of a covered loan that includes the North American Industry Classification System code assigned to the borrower, based on the records of the Administration, to assist the lenders in identifying which borrowers qualify for an extension of payments under subsection (c).

“(3) Education and outreach.—The Administrator shall provide education, outreach, and communication to lenders, borrowers, district offices, and resource partners of the Administration in order to ensure full and proper compliance with this section, encourage broad participation with respect to covered loans that have not yet been approved by the Administrator, and help lenders transition borrowers from subsidy payments under this section directly to a deferral when suitable for the borrower.

“(4) Notification.—Not later than 30 days after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, the Administrator shall mail a letter to each borrower of a covered loan that includes—

“(A) an overview of assistance provided under this section;

“(B) the rights of the borrower to receive that assistance;

“(C) how to seek recourse with the Administrator or the lender of the covered loan if the borrower has not received that assistance; and

“(D) the rights of the borrower to request a loan deferral from a lender, and guidance on how to do successfully transition directly to a loan deferral once subsidy payments under this section are concluded.

“(5) Monthly reporting.—Not later than the 15th of each month beginning after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, the Administrator shall submit to Congress a report on assistance provided under this section, which shall include—

“(A) monthly and cumulative data on payments made under this section as of the date of the report, including a breakdown by—

“(i) the number of participating borrowers;

“(ii) the volume of payments made for each type of covered loan; and

“(iii) the volume of payments made for covered loans made before the date of enactment of this Act and loans made after such date of enactment;

“(B) the names of any lenders of covered loans that have not submitted information on the covered loans to the Administrator during the preceding month; and

“(C) an update on the education and outreach activities of the Administration carried out under paragraph (3).”

(b)

Effective Date; Applicability.— The amendments made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281).

SEC. 326. MODIFICATIONS TO 7(a) LOAN PROGRAMS.

(a)

7(a) Loan Guarantees.—

(1)

In general.— Section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) is amended by striking “ ), such participation by the Administration shall be equal to” and all that follows through the period at the end and inserting “ or the Community Advantage Pilot Program of the Administration), such participation by the Administration shall be equal to 90 percent of the balance of the financing outstanding at the time of disbursement of the loan.”.

(2)

Prospective repeal.— Effective October 1, 2021, section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)), as amended by paragraph (1), is amended to read as follows:

“(A) In general.—Except as provided in subparagraphs (B), (D), (E), and (F), in an agreement to participate in a loan on a deferred basis under this subsection (including a loan made under the Preferred Lenders Program), such participation by the Administration shall be equal to—

“(i) 75 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance exceeds $150,000; or

“(ii) 85 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance is less than or equal to $150,000.”

(b)

Express Loans.—

(1)

Loan amount.— Section 1102(c)(2) of the CARES Act (Public Law 116–136; 15 U.S.C. 636 note) is amended to read as follows:

“(2) Prospective repeal.—Effective on October 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 ‘ $500,000’.”

(2)

Guarantee rates.—

(A)

Temporary modification.— Section 7(a)(31)(A)(iv) of the Small Business Act (15 U.S.C. 636(a)(31)(A)(iv)) is amended by striking “ with a guaranty rate of not more than 50 percent.” and inserting the following:

“(I) for a loan in an amount less than or equal to $350,000, of not more than 75 percent; and

“(II) for a loan in an amount greater than $350,000, of not more than 50 percent.”

(B)

Prospective repeal.— Effective October 1, 2021, section 7(a)(31)(A)(iv) of the Small Business Act (15 U.S.C. 636(a)(31)(iv)), as amended by subparagraph (A), is amended by striking “ guarantee rate” and all that follows through the period at the end and inserting “ guarantee rate of not more than 50 percent.”.

SEC. 327. Temporary Fee Reductions.

(a)

Administrative Fee Waiver.—

(1)

In general.— During the period beginning on the date of enactment of this Act and ending on September 30, 2021, and to the extent that the cost of such elimination or reduction of fees is offset by appropriations, with respect to each loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) (including a recipient of assistance under the Community Advantage Pilot Program of the Administration) for which an application is approved or pending approval on or after the date of enactment of this Act, the Administrator shall—

(A)

in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), collect no fee or reduce fees to the maximum extent possible; and

(B)

in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), collect no fee or reduce fees to the maximum extent possible.

(2)

Application of fee eliminations or reductions.— To the extent that amounts are made available to the Administrator for the purpose of fee eliminations or reductions under paragraph (1), the Administrator shall—

(A)

first use any amounts provided to eliminate or reduce fees paid by small business borrowers under clauses (i) through (iii) of section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), to the maximum extent possible; and

(B)

then use any amounts provided to eliminate or reduce fees under 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)).

(b)

Temporary Fee Elimination for the 504 Loan Program.—

(1)

In general.— During the period beginning on the date of enactment of this Act and ending on September 30, 2021, and to the extent the cost of such elimination in fees is offset by appropriations, with respect to each project or loan guaranteed by the Administrator pursuant to title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) for which an application is approved or pending approval on or after the date of enactment of this Act—

(A)

the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 697(d)(2)), collect no fee; and

(B)

a development company shall, in lieu of the processing fee under section 120.971(a)(1) of title 13, Code of Federal Regulations (relating to fees paid by borrowers), or any successor regulation, collect no fee.

(2)

Reimbursement for waived fees.—

(A)

In general.— To the extent that the cost of such payments is offset by appropriations, the Administrator shall reimburse each development company that does not collect a processing fee pursuant to paragraph (1)(B).

(B)

Amount.— The payment to a development company under clause (i) shall be in an amount equal to 1.5 percent of the net debenture proceeds for which the development company does not collect a processing fee pursuant to paragraph (1)(B).

SEC. 328. Low-Interest Refinancing.

(a)

Low-Interest Refinancing Under the Local Development Business Loan Program.—

(1)

Repeal.— Section 521(a) of title V of division E of the Consolidated Appropriations Act, 2016 (15 U.S.C. 696 note) is repealed.

(2)

Refinancing.— Section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C. 696(7)) is amended—

(A)

in subparagraph (B), in the matter preceding clause (i), by striking “ 50” and inserting “ 100”; and

(B)

by adding at the end the following:

“(C) Refinancing not involving expansions.—

“(i) Definitions.—In this subparagraph—

“(I) the term ‘borrower’ means a small business concern that submits an application to a development company for financing under this subparagraph;

“(II) the term ‘eligible fixed asset’ means tangible property relating to which the Administrator may provide financing under this section; and

“(III) the term ‘qualified debt’ means indebtedness—

“(aa) that was incurred not less than 6 months before the date of the application for assistance under this subparagraph;

“(bb) that is a commercial loan;

“(cc) the proceeds of which were used to acquire an eligible fixed asset;

“(dd) that was incurred for the benefit of the small business concern; and

“(ee) that is collateralized by eligible fixed assets.

“(ii) Authority.—A project that does not involve the expansion of a small business concern may include the refinancing of qualified debt if—

“(I) the amount of the financing is not more than 90 percent of the value of the collateral for the financing, except that, if the appraised value of the eligible fixed assets serving as collateral for the financing is less than the amount equal to 125 percent of the amount of the financing, the borrower may provide additional cash or other collateral to eliminate any deficiency;

“(II) the borrower has been in operation for all of the 2-year period ending on the date the loan application is submitted; and

“(III) for a financing for which the Administrator determines there will be an additional cost attributable to the refinancing of the qualified debt, the borrower agrees to pay a fee in an amount equal to the anticipated additional cost.

“(iii) Financing for business expenses.—

“(I) Financing for business expenses.—The Administrator may provide financing to a borrower that receives financing that includes a refinancing of qualified debt under clause (ii), in addition to the refinancing under clause (ii), to be used solely for the payment of business expenses.

“(II) Application for financing.—An application for financing under subclause (I) shall include—

“(aa) a specific description of the expenses for which the additional financing is requested; and

“(bb) an itemization of the amount of each expense.

“(III) Condition on additional financing.—A borrower may not use any part of the financing under this clause for non-business purposes.

“(iv) Loans based on jobs.—

“(I) Job creation and retention goals.—

“(aa) In general.—The Administrator may provide financing under this subparagraph for a borrower that meets the job creation goals under subsection (d) or (e) of section 501.

“(bb) Alternate job retention goal.—The Administrator may provide financing under this subparagraph to a borrower that does not meet the goals described in item (aa) in an amount that is not more than the product obtained by multiplying the number of employees of the borrower by $75,000.

“(II) Number of employees.—For purposes of subclause (I), the number of employees of a borrower is equal to the sum of—

“(aa) the number of full-time employees of the borrower on the date on which the borrower applies for a loan under this subparagraph; and

“(bb) the product obtained by multiplying—

“(AA) the number of part-time employees of the borrower on the date on which the borrower applies for a loan under this subparagraph, by

“(BB) the quotient obtained by dividing the average number of hours each part time employee of the borrower works each week by 40.

“(v) Total amount of loans.—The Administrator may provide not more than a total of $7,500,000,000 of financing under this subparagraph for each fiscal year.”

(b)

Express Loan Authority for Accredited Lenders.—

(1)

In general.— Section 507 of the Small Business Investment Act of 1958 (15 U.S.C. 697d) is amended by striking subsection (e) and inserting the following:

“(e) Express Loan Authority.—A local development company designated as an accredited lender in accordance with subsection (b)—

“(1) may—

“(A) approve, authorize, close, and service covered loans that are funded with proceeds of a debenture issued by the company; and

“(B) authorize the guarantee of a debenture described in subparagraph (A); and

“(2) with respect to a covered loan, shall be subject to final approval as to eligibility of any guarantee by the Administration pursuant to section 503(a), but such final approval shall not include review of decisions by the lender involving creditworthiness, loan closing, or compliance with legal requirements imposed by law or regulation.

“(f) Definitions.—In this section—

“(1) the term ‘accredited lender certified company’ means a certified development company that meets the requirements under subsection (b), including a certified development company that the Administration has designated as an accredited lender under that subsection;

“(2) the term ‘covered loan’—

“(A) means a loan made under section 502 in an amount that is not more than $500,000; and

“(B) does not include a loan made to a borrower that is in an industry that has a high rate of default, as annually determined by the Administrator and reported in rules of the Administration; and

“(3) the term ‘qualified State or local development company’ has the meaning given the term in section 503(e).”

(2)

Prospective repeal.— Effective on September 30, 2023, section 507 of the Small Business Investment Act of 1958 (15 U.S.C. 697d), as amended by paragraph (1), is amended by striking subsections (e) and (f) and inserting the following:

“(e) Definition.—In this section, the term ‘qualified State or local development company’ has the meaning given the term in section 503(e).”

(c)

Refinancing Senior Project Debt.— During the 1-year period beginning on the date of enactment of this Act, a development company described in title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is authorized to allow the refinancing of a senior loan on an existing project in an amount that, when combined with the outstanding balance on the development company loan, is not more than 90 percent of the total loan to value. Proceeds of such refinancing can be used to support business operating expenses.

SEC. 329. Recovery Assistance under the Microloan Program.

(a)

Loans to Intermediaries.—

(1)

In general.— Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended—

(A)

in paragraph (3)(C)—

(i)

by striking “ and $6,000,000” and inserting “ $10,000,000 (in the aggregate)”; and

(ii)

by inserting before the period at the end the following: “ , and $4,500,000 in any of those remaining years”;

(B)

in paragraph (4)—

(i)

in subparagraph (A), by striking “ subparagraph (C)” each place that term appears and inserting “ subparagraphs (C) and (G)”;

(ii)

in subparagraph (C), by amending clause (i) to read as follows:

“(i) In general.—In addition to grants made under subparagraph (A) or (G), each intermediary shall be eligible to receive a grant equal to 5 percent of the total outstanding balance of loans made to the intermediary under this subsection if—

“(I) the intermediary provides not less than 25 percent of its loans to small business concerns located in or owned by 1 or more residents of an economically distressed area; or

“(II) the intermediary has a portfolio of loans made under this subsection—

“(aa) that averages not more than $10,000 during the period of the intermediary’s participation in the program; or

“(bb) of which not less than 25 percent is serving rural areas during the period of the intermediary’s participation in the program.”

; and

(iii)

by adding at the end the following:

“(G) Grant amounts based on appropriations.—In any fiscal year in which the amount appropriated to make grants under subparagraph (A) is sufficient to provide to each intermediary that receives a loan under paragraph (1)(B)(i) a grant of not less than 25 percent of the total outstanding balance of loans made to the intermediary under this subsection, the Administration shall make a grant under subparagraph (A) to each intermediary of not less than 25 percent and not more than 30 percent of that total outstanding balance for the intermediary.”

; and

(C)

in paragraph (11)—

(i)

in subparagraph (C)(ii), by striking all after the semicolon and inserting “ and”; and

(ii)

by striking all after subparagraph (C) and inserting the following:

“(D) the term ‘economically distressed area’, as used in paragraph (4), means a county or equivalent division of local government of a State in which the small business concern is located, in which, according to the most recent data available from the Bureau of the Census, Department of Commerce, not less than 40 percent of residents have an annual income that is at or below the poverty level.”

(2)

Prospective amendment.— Effective on October 1, 2021, section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)), as amended by paragraph (1)(A), is amended—

(A)

by striking “ $10,000,000” and by inserting “ $7,000,000”; and

(B)

by striking “ $4,500,000” and inserting “ $3,000,000”.

(b)

Temporary Waiver of Technical Assistance Grants Matching Requirements and Flexibility on Pre- and Post-Loan Assistance.— During the period beginning on the date of enactment of this Act and ending on September 30, 2021, the Administration shall waive—

(1)

the requirement to contribute non-Federal funds under section 7(m)(4)(B) of the Small Business Act (15 U.S.C. 636(m)(4)(B)); and

(2)

the limitation on amounts allowed to be expended to provide information and technical assistance under clause (i) of section 7(m)(4)(E) of the Small Business Act (15 U.S.C. 636(m)(4)(E)) and enter into third party contracts for the provision of technical assistance under clause (ii) of such section 7(m)(4)(E).

(c)

Temporary Duration of Loans to Borrowers.—

(1)

In general.— During the period beginning on the date of enactment of this Act and ending on September 30, 2021, the duration of a loan made by an eligible intermediary under section 7(m) of the Small Business Act (15 U.S.C. 636(m))—

(A)

to an existing borrower may be extended to not more than 8 years; and

(B)

to a new borrower may be not more than 8 years.

(2)

Reversion.— On and after October 1, 2021, the duration of a loan made by an eligible intermediary to a borrower under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) shall be 7 years or such other amount established by the Administrator.

(d)

Funding.— Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by adding at the end the following:

“(h) Microloan Program.—For each of fiscal years 2021 through 2025, the Administration is authorized to make—

“(1) $80,000,000 in technical assistance grants, as provided in section 7(m); and

“(2) $110,000,000 in direct loans, as provided in section 7(m).”

(e)

Authorization of Appropriations.— In addition to amounts provided under the Consolidated Appropriations Act, 2020 (Public Law 116–93; 133 Stat. 2317) for the program established under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) and amounts provided for fiscal year 2021 for that program, there is authorized to be appropriated for fiscal year 2021, to remain available until expended—

(1)

$50,000,000 to provide technical assistance grants under such section 7(m); and

(2)

$7,000,000 to provide direct loans under such section 7(m).

SEC. 330. EXTENSION OF PARTICIPATION IN 8(a) PROGRAM.

(a)

In General.— The Administrator shall ensure that a small business concern participating in the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) on or before September 9, 2020, may elect to extend such participation by a period of 1 year, regardless of whether the small business concern previously elected to suspend participation in the program pursuant to guidance of the Administrator.

(b)

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 section without regard to the notice requirements under section 553(b) of title 5, United States Code.

SEC. 331. Targeted Eidl Advance for Small Business Continuity, Adaptation, and Resiliency.

(a)

Definitions.— In this section:

(1)

Agricultural enterprise.— The term “agricultural enterprise” has the meaning given the term in section 18(b) of the Small Business Act (15 U.S.C. 647(b)).

(2)

Covered entity.— The term “covered entity”—

(A)

means an eligible entity that—

(i)

applies for a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) during the covered period, including before the date of enactment of this Act;

(ii)

is located in a low-income community;

(iii)

has suffered an economic loss of greater than 30 percent; and

(iv)

employs not more than 300 employees; and

(B)

except with respect to an entity included under section 123.300(c) of title 13, Code of Federal Regulations, or any successor regulation, does not include an agricultural enterprise.

(3)

Covered period.— The term “covered period” has the meaning given the term in section 1110(a)(1) of the CARES Act (15 U.S.C. 9009(a)(1)), as amended by section 332 of this Act.

(4)

Economic loss.— The term “economic loss” means, with respect to a covered entity—

(A)

the amount by which the gross receipts of the covered entity declined during an 8-week period between March 2, 2020, and December 31, 2021, relative to a comparable 8-week period immediately preceding March 2, 2020, or during 2019; or

(B)

if the covered entity is a seasonal business concern, such other amount determined appropriate by the Administrator.

(5)

Eligible entity.— The term “eligible entity” means an entity that, during the covered period, is eligible for a loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)), as described in section 1110(b) of the CARES Act (15 U.S.C. 9009(b)).

(6)

Low-income community.— The term “low-income community” has the meaning given the term in section 45D(e) of the Internal Revenue Code of 1986.

(b)

Entitlement to Full Amount.—

(1)

In general.— Subject to paragraph (2), a covered entity, after submitting a request to the Administrator that the Administrator verifies under subsection (c), shall receive a total of $10,000 under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)), without regard to whether—

(A)

the applicable loan for which the covered entity applies or applied under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is or was approved;

(B)

the covered entity accepts or accepted the offer of the Administrator with respect to an approved loan described in subparagraph (A); or

(C)

the covered entity has previously received a loan under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)).

(2)

Effect of previously received amounts.—

(A)

In general.— With respect to a covered entity that received an emergency grant under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before the date of enactment of this Act, the amount of the payment that the covered entity shall receive under this subsection (after satisfaction of the procedures required under subparagraph (B)) shall be the difference between $10,000 and the amount of that previously received grant.

(B)

Procedures.— If the Administrator receives a request under paragraph (1) from a covered entity described in subparagraph (A) of this paragraph, the Administrator shall, not later than 21 days after the date on which the Administrator receives the request—

(i)

perform the verification required under subsection (c);

(ii)

if the Administrator, under subsection (c), verifies that the entity is a covered entity, provide to the covered entity a payment in the amount described in subparagraph (A); and

(iii)

with respect to a covered entity that the Administrator determines is not entitled to a payment under this section, provide the covered entity with a notification explaining why the Administrator reached that determination.

(C)

Rule of construction.— Nothing in this paragraph may be construed to require any entity that received an emergency grant under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before the date of enactment of this Act to repay any amount of that grant.

(c)

Verification.— In carrying out this section, the Administrator shall require any information, including any tax records, from an entity submitting a request under subsection (b) that the Administrator determines to be necessary to verify that the entity is a covered entity, without regard to whether the entity has previously submitted such information to the Administrator.

(d)

Order of Processing.— The Administrator shall process and approve requests for payments under subsection (b) in the order that the Administrator receives the requests, except that the Administrator shall give—

(1)

first priority to covered entities described in subsection (b)(2)(A); and

(2)

second priority to covered entities that have not received emergency grants under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)), as of the date on which the Administrator receives such a request, because of the unavailability of funding to carry out such section 1110(e).

(e)

Applicability.— In addition to any other restriction imposed under this section, any eligibility restriction applicable to a loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)), including any restriction under section 123.300 or 123.301 of title 13, Code of Federal Regulations, or any successor regulation, shall apply with respect to funding provided under this section.

(f)

Notification Required.— The Administrator shall provide notice to each of the following entities stating that the entity may be eligible for a payment under this section if the entity satisfies the requirements under clauses (ii), (iii), and (iv) of subsection (a)(2)(A):

(1)

Each entity that received an emergency grant under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before the date of enactment of this Act.

(2)

Each entity that, before the date of enactment of this Act—

(A)

applied for a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)); and

(B)

did not receive an emergency grant under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) because of the unavailability of funding to carry out such section 1110(e).

(g)

Administration.— In carrying out this section, the Administrator may rely on loan officers and other personnel of the Office of Disaster Assistance of the Administration and other resources of the Administration, including contractors of the Administration.

(h)

Authorization of Appropriations.— There are authorized to be appropriated to the Administrator $20,000,000,000 to carry out this section—

(1)

which shall remain available through December 31, 2021; and

(2)

of which $20,000,000 is authorized to be appropriated to the Inspector General of the Administration to prevent waste, fraud, and abuse with respect to funding provided under this section.

SEC. 332. Emergency Eidl Grants.

Section 1110 of the CARES Act (15 U.S.C. 9009) is amended—

(1)

in subsection (a)(1), by striking “ December 31, 2020” and inserting “ December 31, 2021”;

(2)

in subsection (d), by striking paragraphs (1) and (2) and inserting the following:

“(1) approve an applicant—

“(A) based solely on the credit score of the applicant; or

“(B) by using alternative appropriate methods to determine an applicant’s ability to repay; and

“(2) use information from the Department of the Treasury to confirm that—

“(A) an applicant is eligible to receive such a loan; or

“(B) the information contained in an application for such a loan is accurate.”

; and

(3)

in subsection (e)—

(A)

in paragraph (1)—

(i)

by striking “ During the covered period” and inserting the following:

“(A) Advances.—During the covered period”

(ii)

in subparagraph (A), as so designated, by striking “ within 3 days after the Administrator receives an application from such applicant”; and

(iii)

by adding at the end the following:

“(B) Timing.—With respect to each request submitted to the Administrator under subparagraph (A), the Administrator shall, not later than 21 days after the date on which the Administrator receives the request—

“(i) verify whether the entity is an entity that is eligible for a loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) during the covered period, as described in subsection (b);

“(ii) if the Administrator, under clause (i), verifies that the entity submitting the request is an entity that is eligible, as described in that clause, provide the advance requested by the entity; and

“(iii) with respect to an entity that the Administrator determines is not entitled to receive an advance under this subsection, provide the entity with a notification explaining why the Administrator reached that determination.”

(B)

in paragraph (7), by striking “ $20,000,000,000” and inserting “ $40,000,000,000”; and

(C)

in paragraph (8), by striking “ December 31, 2020” and inserting “ December 31, 2021”.

SEC. 333. Repeal of Eidl Advance Deduction.

(a)

Definitions.— In this section—

(1)

the term “covered entity” means an entity that receives an advance under section 1110(e) of the CARES Act (15 U.S.C. 9009(e)), including an entity that received such an advance before the date of enactment of this Act; and

(2)

the term “covered period” has the meaning given the term in section 1110(a)(1) of the CARES Act (15 U.S.C. 9009(a)(1)), as amended by section 332 of this Act.

(b)

Sense of Congress.— It is the sense of Congress that borrowers of loans 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 should be made whole, without regard to whether those borrowers are eligible for forgiveness with respect to those loans.

(c)

Repeal.— Section 1110(e)(6) of the CARES Act (15 U.S.C. 9009(e)(6)) is repealed.

(d)

Effective Date; Applicability.— The amendment made by subsection (c) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281).

(e)

Rulemaking.—

(1)

In general.— Not later than 15 days after the date of enactment of this Act, the Administrator shall issue rules that ensure the equal treatment of all covered entities with respect to the amendment made by subsection (c), which shall include consideration of covered entities that, before the date of enactment of this Act, completed the loan forgiveness process described in section 1110(e)(6) of the CARES Act (15 U.S.C. 9009(e)(6)), as in effect before that date of enactment.

(2)

Notice and comment.— The notice and comment requirements under section 553 of title 5, United States Code, shall not apply with respect to the rules issued under paragraph (1).

SEC. 334. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(a) LOANS.

Section 7(a)(7) of the Small Business Act (15 U.S.C. 636(a)(7)) is amended—

(1)

by striking “ The Administration” and inserting “ (A) In general.—The Administrator”;

(2)

in subparagraph (A), as so designated, by inserting “ and interest” after “ principal”; and

(3)

by adding at the end the following:

“(B) Deferral requirements.—With respect to a deferral provided under this paragraph, the Administrator may allow lenders under this subsection—

“(i) to provide full payment deferment relief (including payment of principal and interest) for a period of not more than 1 year; and

“(ii) to provide an additional deferment period if the borrower provides documentation justifying such additional deferment.

“(C) Secondary market.—

“(i) In general.—Except as provided in clause (ii), if an investor declines to approve a deferral or additional deferment requested by a lender under subparagraph (B), the Administrator shall exercise the authority to purchase the loan so that the borrower may receive full payment deferment relief (including payment of principal and interest) or an additional deferment as described in subparagraph (B).

“(ii) Exception.—If, in a fiscal year, the Administrator determines that the cost of implementing clause (i) is greater than zero, the Administrator shall not implement that clause.”

SEC. 335. Documentation Required for Certain Eligible Recipients.

(a)

In General.— Section 7(a)(36)(D)(ii)(II) of the Small Business Act (15 U.S.C. 636(a)(36)(D)(ii)(II)) is amended by striking “ as is necessary” and all that follows through the period at the end and inserting “ as determined necessary by the Administrator and the Secretary, to establish the applicant as eligible.”.

(b)

SEC. 336. Election of 12-Week Period by Seasonal Employers.

(a)

In General.— Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small Business Act (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amended by striking “ , in the case of an applicant” and all that follows through “ June 30, 2019” and inserting the following: “ an applicant that is a seasonal employer shall use the average total monthly payments for payroll for any 12-week period selected by the seasonal employer between February 15, 2019, and February 15, 2020”.

(b)

Effective Date; Applicability.—

(1)

In general.— Except as provided in paragraph (2), the amendment made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan.

(2)

Exclusion of loans already forgiven.— The amendment made by subsection (a) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES Act, as in effect on the day before such date of enactment.

SEC. 337. Inclusion of Certain Refinancing in Nonrecourse Requirements.

(a)

In General.— Section 7(a)(36)(F)(v) of the Small Business Act (15 U.S.C. 636(a)(36)(F)(v)) is amended by striking “ clause (i)” and inserting “ clause (i) or (iv)”.

(b)

SEC. 338. Application of Certain Terms Through Life of Covered Loan.

(a)

In General.— Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended—

(1)

in subparagraph (H), in the matter preceding clause (i), by striking “ During the covered period, with” and inserting “ With”;

(2)

in subparagraph (J), in the matter preceding clause (i), by striking “ During the covered period, with” and inserting “ With”; and

(3)

in subparagraph (M)—

(A)

in clause (ii), in the matter preceding subclause (I), by striking “ During the covered period, the” and inserting “ The”; and

(B)

in clause (iii), by striking “ During the covered period, with” and inserting “ With”.

(b)

SEC. 339. Interest Calculation on Covered Loans.

(a)

Definitions.— In this section, the terms “covered loan” and “eligible recipient” have the meanings given the terms in section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A)).

(b)

Calculation.— Section 7(a)(36)(L) of the Small Business Act (15 U.S.C. 636(a)(36)(L)) is amended by inserting “ , calculated on a non-compounding, non-adjustable basis” after “ 4 percent”.

(c)

Applicability.— The amendment made by subsection (b) may apply with respect to a covered loan made before the date of enactment of this Act, upon the agreement of the lender and the eligible recipient with respect to the covered loan.

SEC. 340. Reimbursement for Processing.

(a)

Reimbursement.— Section 7(a)(36)(P) of the Small Business Act (15 U.S.C. 636(a)(36)(P)) is amended—

(1)

by amending clause (i) to read as follows:

“(i) In general.—The Administrator shall reimburse a lender authorized to make a covered loan as follows:

“(I) With respect to a covered loan made during the period beginning on the date of enactment of this paragraph and ending on the day before the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, the Administrator shall reimburse such a lender at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of—

“(aa) 5 percent for loans of not more than $350,000;

“(bb) 3 percent for loans of more than $350,000 and less than $2,000,000; and

“(cc) 1 percent for loans of not less than $2,000,000.

“(II) With respect to a covered loan made on or after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, the Administrator shall reimburse such a lender—

“(aa) for a covered loan of not more than $50,000, in an amount equal to the lesser of—

“(AA) 50 percent of the balance of the financing outstanding at the time of disbursement of the covered loan; or

“(BB) $2,500; and

“(bb) at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of—

“(AA) 5 percent for a covered loan of more than $50,000 and not more than $350,000;

“(BB) 3 percent for a covered loan of more than $350,000 and less than $2,000,000; and

“(CC) 1 percent for a covered loan of not less than $2,000,000.”

; and

(2)

by amending clause (iii) to read as follows:

“(iii) Timing.—A reimbursement described in clause (i) shall be made not later than 5 days after the reported disbursement of the covered loan and may not be required to be repaid by a lender unless the lender is found guilty of an act of fraud in connection with the covered loan.”

(b)

Fee Limits.—

(1)

In general.— Section 7(a)(36)(P)(ii) of the Small Business Act (15 U.S.C. 636(a)(36)(P)(ii)) is amended by adding at the end the following: “ If an eligible recipient has knowingly retained an agent, such fees shall be paid by the eligible recipient and may not be paid out of the proceeds of a covered loan. A lender shall only be responsible for paying fees to an agent for services for which the lender directly contracts with the agent.”.

(2)

SEC. 341. Duplication Requirements for Economic Injury Disaster Loan Recipients.

Section 7(a)(36)(Q) of the Small Business Act (15 U.S.C. 636(a)(36)(Q)) is amended by striking “ during the period beginning on January 31, 2020, and ending on the date on which covered loans are made available”.

SEC. 342. Prohibition of Eligibility for Publicly-Traded Companies.

Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended—

(1)

in subparagraph (A), as amended by section 318 of this Act, by adding at the end the following:

“(xvi) the terms ‘exchange’, ‘issuer’, and ‘security’ have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).”

; and

(2)

in subparagraph (D), as amended by section 318 of this Act by adding at the end the following:

“(viii) Ineligibility of publicly-traded entities.—Notwithstanding any other provision of this paragraph, on and after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, an entity that is an issuer, the securities of which are listed on an exchange registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f), shall be ineligible to receive a covered loan under this paragraph.”

SEC. 343. Covered Period for New Paragraph (36) Loans.

(a)

In General.— Section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking “ December 31, 2020” and inserting “ March 31, 2021”.

(b)

SEC. 344. Applicable Periods for Proration.

Section 7(a)(36)(A)(viii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(viii)) is amended—

(1)

in subclause (I)(bb), by striking “ in 1 year, as prorated for the covered period” and inserting “ on an annualized basis, as prorated for the period during which the payments are made or the obligation to make the payments is incurred”; and

(2)

in subclause (II)—

(A)

in item (aa), by striking “ an annual salary of $100,000, as prorated for the covered period” and inserting “ $100,000 on an annualized basis, as prorated for the period during which the compensation is paid or the obligation to pay the compensation is incurred”; and

(B)

in item (bb), by striking “ covered” and inserting “ applicable”.

SEC. 345. Extension of Waiver of Matching Funds Requirement under the Women’s Business Center Program.

(a)

In General.— Section 1105 of the CARES Act (15 U.S.C. 9004) is amended by striking “ the 3-month period beginning on the date of enactment of this Act” and inserting “ the period beginning on the date of enactment of this Act and ending on June 30, 2021”.

(b)

Effective Date; Applicability.— The amendment made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281).

SEC. 346. Clarification of Use of Cares Act Funds for Small Business Development Centers.

(a)

In General.— Section 1103(b)(3)(A) of the CARES Act (15 U.S.C. 9002(b)(3)(A)) is amended—

(1)

by striking “ The Administration” and inserting the following:

“(i) In general.—The Administration”

; and

(2)

by adding at the end the following:

“(ii) Clarification of use.—Awards made under clause (i) shall be in addition to, and separate from, any amounts appropriated to make grants under section 21(a) of the Small Business Act (15 U.S.C. 648(a)) and such an award may be used to complement and support such a grant, except that priority with respect to the receipt of that assistance shall be given to small business development centers that have been affected by issues described in paragraph (2).”

(b)

Effective Date; Applicability.— The amendments made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281).

SEC. 347. Gao Report.

Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States 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 regarding the use by the Administration of funds made available to the Administration through supplemental appropriations in fiscal year 2020, the purpose of which was for administrative expenses.

SEC. 348. Effective Date; Applicability.

Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act and apply to loans and grants made on or after the date of enactment of this Act.

TITLE IV Transportation

Subtitle A Airline Worker Support Extension

SEC. 401. Definitions.

Unless otherwise specified, the definitions in section 40102(a) of title 49, United States Code, shall apply to this subtitle, except that in this subtitle—

(1)

the term “catering functions” means preparation, assembly, or both, of food, beverages, provisions and related supplies for delivery, and the delivery of such items, directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft;

(2)

the term “contractor” means—

(A)

a person that performs, under contract with a passenger air carrier conducting operations under part 121 of title 14, Code of Federal Regulations—

(i)

catering functions; or

(ii)

functions on the property of an airport that are directly related to the air transportation of persons, property, or mail, including, but not limited to, the loading and unloading of property on aircraft, assistance to passengers under part 382 of title 14, Code of Federal Regulations, security, airport ticketing and check-in functions, ground-handling of aircraft, or aircraft cleaning and sanitization functions and waste removal; or

(B)

a subcontractor that performs such functions;

(3)

the term “employee” means an individual, other than a corporate officer, who is employed by an air carrier or a contractor;

(4)

the term “recall” means the dispatch of a notice by a passenger air carrier or a contractor, via mail, courier, or electronic mail, to an involuntarily furloughed employee notifying the employee that—

(A)

the employee must, within a specified period of time, elect either—

(i)

to return to employment or bypass return to employment, in accordance with an applicable collective bargaining agreement or, in the absence of a collective bargaining agreement, company policy; or

(ii)

to permanently separate from employment with the passenger air carrier or contractor; and

(B)

failure to respond within such time period specified shall be considered an election under subparagraph (A)(ii);

(5)

the term “returning employee” means an involuntarily furloughed employee who has elected to return to employment pursuant to a recall notice; and

(6)

the term “Secretary” means the Secretary of the Treasury.

SEC. 402. Pandemic Relief for Aviation Workers.

(a)

Financial Assistance for Employee Wages, Salaries, and Benefits.— Notwithstanding any other provision of law, to preserve aviation jobs and compensate air carrier industry workers, the Secretary shall provide financial assistance that shall exclusively be used for the continuation of payment of employee wages, salaries, and benefits to—

(1)

passenger air carriers, in an aggregate amount up to $15,000,000,000; and

(2)

contractors, in an aggregate amount up to $1,000,000,000.

(b)

Administrative Expenses.— Notwithstanding any other provision of law, the Secretary may use funds made available under section 4112(b) of the CARES Act (15 U.S.C. 9072(b)) for costs and administrative expenses associated with providing financial assistance under this subtitle.

SEC. 403. Procedures for Providing Payroll Support.

(a)

Awardable Amounts.— The Secretary shall provide financial assistance under this subtitle—

(1)

to a passenger air carrier required to file reports pursuant to part 241 of title 14, Code of Federal Regulations, as of March 27, 2020, in an amount equal to—

(A)

the amount such air carrier was approved to receive (without taking into account any pro rata reduction) under section 4113 of the CARES Act (15 U.S.C. 9073); or

(B)

at the request of such air carrier, or in the event such air carrier did not receive assistance under section 4113 of the CARES Act (15 U.S.C. 9073), the amount of the salaries and benefits reported by the air carrier to the Department of Transportation pursuant to such part 241, for the period from October 1, 2019, through March 31, 2020;

(2)

to a passenger air carrier that was not required to transmit reports under such part 241, as of March 27, 2020, in an amount equal to—

(A)

the amount such air carrier was approved to receive (without taking into account any pro rata reduction) under section 4113 of the CARES Act (15 U.S.C. 9073), plus an additional 15 percent of such amount;

(B)

at the request of such air carrier, provided such air carrier received assistance under section 4113 of the CARES Act (15 U.S.C. 9073), the sum of—

(i)

the amount that such air carrier certifies, using sworn financial statements or other appropriate data, as the amount of total salaries and related fringe benefits that such air carrier incurred and would be required to be reported to the Department of Transportation pursuant to such part 241, if such air carrier was required to transmit such information during the period from April 1, 2019, through September 30, 2019; and

(ii)

an additional amount equal to the difference between the amount certified under clause (i) and the amount the air carrier received under section 4113 of the CARES Act (15 U.S.C. 9073); or

(C)

in the event such air carrier did not receive assistance under section 4113 of the CARES Act (15 U.S.C. 9073), an amount that such an air carrier certifies, using sworn financial statements or other appropriate data, as the amount of total salaries and related fringe benefits that such air carrier incurred and would be required to be reported to the Department of Transportation pursuant to such part 241, if such air carrier was required to transmit such information during the period from October 1, 2019, through March 31, 2020; and

(3)

to a contractor in an amount equal to—

(A)

the amount such contractor was approved to receive (without taking into account any pro rata reduction) under section 4113 of the CARES Act (15 U.S.C. 9073); or

(B)

in the event such contractor did not receive assistance under section 4113 of the CARES Act (15 U.S.C. 9073), an amount that the contractor certifies, using sworn financial statements or other appropriate data, as the amount of wages, salaries, benefits, and other compensation that such contractor paid the employees of such contractor during the period from October 1, 2019, through March 31, 2020.

(b)

Deadlines and Procedures.—

(1)

In general.—

(A)

Forms; terms and conditions.— Financial assistance provided to a passenger air carrier or contractor under this subtitle shall—

(i)

be, to the maximum extent practicable, in the same form and on the same terms and conditions (including requirements for audits and the clawback of any financial assistance provided upon failure by a passenger air carrier or contractor to honor the assurances specified in section 404), as agreed to by the Secretary and the recipient for assistance received under section 4113 of the CARES Act (15 U.S.C. 9073), except if inconsistent with this subtitle; or

(ii)

in the event such a passenger air carrier or a contractor did not receive assistance under section 4113 of the CARES Act (15 U.S.C. 9073), be, to the maximum extent practicable, in the same form and on the same terms and conditions (including requirements for audits and the clawback of any financial assistance provided upon failure by a passenger air carrier or contractor to honor the assurances specified in section 404), as agreed to by the Secretary and similarly situated recipients of assistance under such section 4113.

(B)

Procedures.— The Secretary shall, to the maximum extent practicable, publish streamlined and expedited procedures not later than 5 days after the date of enactment of this subtitle for passenger air carriers and contractors to submit requests for financial assistance under this subtitle.

(2)

Deadline for immediate payroll assistance.— Not later than 10 days after the date of enactment of this subtitle, the Secretary shall make initial payments to passenger air carriers and contractors that submit requests for financial assistance approved by the Secretary.

(3)

Subsequent payments.— The Secretary shall determine an appropriate method for the timely distribution of payments to passenger air carriers and contractors with approved requests for financial assistance from any funds remaining available after providing initial financial assistance payments under paragraph (2).

(c)

Pro Rata Reductions.— The Secretary shall have the authority to reduce, on a pro rata basis, the amounts due to passenger air carriers and contractors under subsection (a) in order to address any shortfall in assistance that would otherwise be provided under such subsection.

(d)

Audits.— The Inspector General of the Department of the Treasury shall audit certifications made under subsection (a).

SEC. 404. Required Assurances.

(a)

In General.— To be eligible for financial assistance under this subtitle, a passenger air carrier or a contractor shall enter into an agreement with the Secretary, or otherwise certify in such form and manner as the Secretary shall prescribe, that the passenger air carrier or contractor shall—

(1)

refrain from conducting involuntary furloughs or reducing pay rates and benefits until—

(A)

with respect to passenger air carriers, March 31, 2021; or

(B)

with respect to contractors, March 31, 2021, or the date on which the contractor expends such financial assistance, whichever is later;

(2)

ensure that neither the passenger air carrier or contractor nor any affiliate of the passenger air carrier or contractor may, in any transaction, purchase an equity security of the passenger air carrier or contractor or the parent company of the passenger air carrier or contractor that is listed on a national securities exchange through—

(A)

with respect to passenger air carriers, March 31, 2022; or

(B)

with respect to contractors, March 31, 2022, or the date on which the contractor expends such financial assistance, whichever is later;

(3)

ensure that the passenger air carrier or contractor shall not pay dividends, or make other capital distributions, with respect to common stock (or equivalent interest) of the air carrier or contractor through—

(A)

with respect to passenger air carriers, March 31, 2022; or

(B)

with respect to contractors, March 31, 2022, or the date on which the contractor expends such financial assistance, whichever is later; and

(4)

meet the requirements of sections 405 and 406.

(b)

Recalls of Employees.— An agreement or certification under this section shall require a passenger air carrier or contractor to perform the following actions:

(1)

In the case of a passenger air carrier or contractor that received financial assistance under title IV of the CARES Act—

(A)

recall (as defined in section 401), not later than 72 hours after executing such agreement or certification, any employees involuntarily furloughed by such passenger air carrier or contractor between October 1, 2020, and the date such passenger air carrier or contractor enters into an agreement with the Secretary with respect to financial assistance under this subtitle;

(B)

compensate returning employees for lost pay and benefits (offset by any amounts received by the employee from a passenger air carrier or contractor as a result of the employee’s furlough, including, but not limited to, furlough pay, severance pay, or separation pay) between—

(i)

in the case of a passenger air carrier, December 1, 2020, and the date on which such passenger air carrier enters into an agreement with the Secretary with respect to financial assistance under this subtitle; or

(ii)

in the case of a contractor, the date of enactment of this subtitle and the date on which such contractor enters into an agreement with the Secretary with respect to financial assistance under this subtitle; and

(C)

restore the rights and protections for such returning employees as if such employees had not been involuntarily furloughed.

(2)

In the case of a passenger air carrier or contractor that did not receive financial assistance under title IV of the CARES Act to—

(A)

recall (as defined in section 401), within 72 hours after executing such agreement or certification, any employees involuntarily furloughed by such passenger air carrier or contractor between March 27, 2020, and the date such passenger air carrier or contractor enters into an agreement with the Secretary for financial assistance under this subtitle;

(B)

compensate returning employees under this paragraph for lost pay and benefits (offset by any amounts received by the employee from a passenger air carrier or contractor as a result of the employee’s furlough, including, but not limited to, furlough pay, severance pay, or separation pay) between—

(i)

in the case of a passenger air carrier, December 1, 2020, and the date such passenger air carrier enters into an agreement with the Secretary for financial assistance under this subtitle; or

(ii)

(C)

restore the rights and protections for such returning employees as if such employees had not been involuntarily furloughed.

SEC. 405. Protection of Collective Bargaining Agreements.

(a)

In General.— Neither the Secretary, nor any other actor, department, or agency of the Federal Government, shall condition the issuance of financial assistance under this subtitle on a passenger air carrier’s or contractor’s implementation of measures to enter into negotiations with the certified bargaining representative of a craft or class of employees of the passenger air carrier or contractor under the Railway Labor Act (45 U.S.C. 151 et seq.) or the National Labor Relations Act (29 U.S.C. 151 et seq.), regarding pay or other terms and conditions of employment.

(b)

Passenger Air Carrier Period of Effect.— With respect to any passenger air carrier to which financial assistance is provided under this subtitle, this section shall be in effect with respect to the passenger air carrier for the period beginning on the date on which the passenger air carrier is first issued such financial assistance and ending on March 31, 2021.

(c)

Contractor Period of Effect.— With respect to any contractor to which financial assistance is provided under this subtitle, this section shall be in effect with respect to the contractor beginning on the date on which the contractor is first issued such financial assistance and ending on March 31, 2021, or until the date on which all funds are expended, whichever is later.

SEC. 406. Limitation on Certain Employee Compensation.

(a)

In General.— The Secretary may only provide financial assistance under this subtitle to a passenger air carrier or contractor after such carrier or contractor enters into an agreement with the Secretary that provides that, during the 2-year period beginning October 1, 2020, and ending October 1, 2022—

(1)

no officer or employee of the passenger air carrier or contractor whose total compensation exceeded $425,000 in calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining agreement entered into prior to the date of enactment of this subtitle) will receive from the passenger air carrier or contractor—

(A)

total compensation that exceeds, during any 12 consecutive months of such 2-year period, the total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year 2019; or

(B)

severance pay or other benefits upon termination of employment with the passenger air carrier or contractor which exceeds twice the maximum total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year 2019; and

(2)

no officer or employee of the passenger air carrier or contractor whose total compensation exceeded $3,000,000 in calendar year 2019 may receive during any 12 consecutive months of such period total compensation in excess of the sum of—

(A)

$3,000,000; and

(B)

50 percent of the excess over $3,000,000 of the total compensation received by the officer or employee from the passenger air carrier or contractor in calendar year 2019.

(b)

Total Compensation Defined.— In this section, the term “total compensation” includes salary, bonuses, awards of stock, and other financial benefits provided by a passenger air carrier or contractor to an officer or employee of the passenger air carrier or contractor.

SEC. 407. Minimum Air Service Guarantees.

(a)

In General.— The Secretary of Transportation is authorized to require, to the extent reasonable and practicable, an air carrier provided financial assistance under this subtitle to maintain scheduled air transportation, as the Secretary of Transportation determines necessary, to ensure services to any point served by that air carrier before March 1, 2020.

(b)

Required Considerations.— When considering whether to exercise the authority provided by this section, the Secretary of Transportation shall take into consideration the air transportation needs of small and remote communities, the need to maintain well-functioning health care supply chains, including medical devices and supplies, and pharmaceutical supply chains.

(c)

Sunset.— The authority provided under this section shall terminate on March 1, 2022, and any requirements issued by the Secretary of Transportation under this section shall cease to apply after that date.

(d)

Sense of Congress.— It is the sense of Congress that, when implementing this section, the Secretary of Transportation should take into consideration the following:

(1)

A number of airports and communities have lost air service as a result of consolidated operations by covered air carriers, as permitted by the Department of Transportation, including smaller airports that are located near larger airports.

(2)

Airports covering common points, as determined by the Department of Transportation, do not align with the grouping commonly used by many air carriers, other Federal agencies, and distribution channels used by consumers to purchase air travel.

(3)

The demographic, geographic, economic, and other characteristics of an area and affected communities when determining whether consolidated operations at a single airport effectively serve the needs of the point.

(4)

Maintaining a robust air transportation system, including maintaining air service to airports throughout the United States, plays an important role in the effective distribution of a coronavirus vaccine.

(5)

The objections from community respondents on whether a specific airport should or should not be included in a consolidated point, including those objections noting the importance of the required considerations set forth in subsection (b).

SEC. 408. Taxpayer Protection.

(a)

CARES Act Assistance Recipients.— With respect to a recipient of financial assistance under section 4113 of the CARES Act (15 U.S.C. 9073) that receives financial assistance under this subtitle, the Secretary may receive warrants, options, preferred stock, debt securities, notes, or other financial instruments issued by such recipient that are, to the maximum extent practicable, in the same form and amount, and under the same terms and conditions, as agreed to by the Secretary and such recipient to provide appropriate compensation to the Federal Government for the provision of the financial assistance under this subtitle.

(b)

Other Applicants.— With respect to a recipient of financial assistance under this subtitle that did not receive financial assistance under section 4113 of the CARES Act (15 U.S.C. 9073), the Secretary may receive warrants, options, preferred stock, debt securities, notes, or other financial instruments issued by such recipient in a form and amount that are, to the maximum extent practicable, under the same terms and conditions as agreed to by the Secretary and similarly situated recipients of financial assistance under such section to provide appropriate compensation to the Federal Government for the provision of the financial assistance under this subtitle.

SEC. 409. Reports.

(a)

Report.— Not later than May 1, 2021, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the financial assistance provided to passenger air carriers and contractors under this subtitle, that includes—

(1)

a description of any financial assistance provided to passenger air carriers under this subtitle;

(2)

any audits of passenger air carriers or contractors receiving financial assistance under this subtitle;

(3)

any reports filed by passenger air carriers or contractors receiving financial assistance under this subtitle;

(4)

any instances of non-compliance by passenger air carriers or contractors receiving financial assistance under this subtitle with the requirements of this subtitle or agreements entered into with the Secretary to receive such financial assistance; and

(5)

information relating to any clawback of any financial assistance provided to passenger air carriers or contractors under this subtitle.

(b)

Internet Updates.— The Secretary shall update the website of the Department of the Treasury, at minimum, on a weekly basis as necessary to reflect new or revised distributions of financial assistance under this subtitle with respect to each passenger air carrier or contractor that receives such assistance, the identification of any applicant that applied for financial assistance under this subtitle, and the date of application for such assistance.

(c)

Supplemental Update.— Not later than the last day of the 1-year period following the date of enactment of this subtitle, the Secretary shall update and submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate, the report submitted under subsection (a).

(d)

Protection of Certain Data.— The Secretary may withhold information that would otherwise be required to be made available under this section only if the Secretary determines to withhold the information in accordance with section 552 of title 5, United States Code.

SEC. 410. Coordination.

In implementing this subtitle, the Secretary shall coordinate with the Secretary of Transportation.

SEC. 411. Funding.

There is appropriated, out of amounts in the Treasury not otherwise appropriated, $16,000,000,000 to carry out this subtitle, to remain available until expended.

SEC. 412. Cares Act Amendments.

(a)

Continued Application of Required Assurances.— Section 4114 of the CARES Act (15 U.S.C. 9074) is amended by adding at the end the following new subsections:

“(c) Continued Application.—

“(1) In general.—If, after the date of enactment of this subsection, a contractor expends any funds made available pursuant to section 4112 and distributed pursuant to section 4113, the assurances in paragraphs (1) through (3) of subsection (a) shall continue to apply until the dates included in such paragraphs, or the date on which the contractor fully expends such financial assistance, whichever is later.

“(2) Special rule.—Not later than April 5, 2021, each contractor described in section 4111(3)(A)(i) that has received funds pursuant to such section 4112 shall report to the Secretary on the amount of such funds that the contractor has expended through March 31, 2021. If the contractor has expended an amount that is less than 100 percent of the total amount of funds the contractor received under such section, the Secretary shall initiate an action to recover any funds that remain unexpended as of April 30, 2021.

“(d) Recall of Employees.—

“(1) In general.—Subject to paragraph (2), any contractor that has unspent financial assistance provided under this subtitle as of the date of enactment of this subsection and conducted involuntary furloughs or reduced pay rates and benefits, between March 27, 2020, and the date on which the contractor entered into an agreement with the Secretary related to financial assistance under this subtitle, shall recall (as defined in section 4111) employees who were involuntarily furloughed during such period by not later than January 4, 2021.

“(2) Waiver.—The Secretary of the Treasury shall waive the requirement under paragraph (1) for a contractor to recall employees if the contractor certifies that the contractor has or will have insufficient remaining financial assistance provided under this subtitle to keep recalled employees employed for more than two weeks upon returning to work.

“(3) Audits.—The Inspector General of the Department of the Treasury shall audit certifications made under paragraph (2).”

(b)

Definition of Recall.— Section 4111 of the CARES Act (15 U.S.C. 9071) is amended—

(1)

in paragraph (4) by striking “ and” at the end;

(2)

by redesignating paragraph (5) as paragraph (6); and

(3)

by inserting after paragraph (4) the following:

“(5) the term ‘recall’ means the dispatch of a notice by a contractor, via mail, courier, or electronic mail, to an involuntarily furloughed employee notifying the employee that—

“(A) the employee must, within a specified period of time that is not less than 14 days, elect either—

“(i) to return to employment or bypass return to employment in accordance with an applicable collective bargaining agreement or, in the absence of a collective bargaining agreement, company policy; or

“(ii) to permanently separate from employment with the contractor; and

“(B) failure to respond within such time period specified will be deemed to be an election under subparagraph (A)(ii); and”

(c)

Definition of Businesses Critical to Maintaining National Security.— Section 4002 of the CARES Act (15 U.S.C. 9041) is amended by adding at the end the following:

“(11) Aerospace-related businesses critical to maintaining national security.—The term ‘businesses critical to maintaining national security’ means those businesses that manufacture or produce aerospace-related products, civil or defense, including those that design, integrate, assemble, supply, maintain, and repair such products, and other businesses involved in aerospace-related manufacturing or production as further defined by the Secretary, in consultation with the Secretary of Defense and the Secretary of Transportation. For purposes of the preceding sentence, aerospace-related products include, but are not limited to, components, parts, or systems of aircraft, aircraft engines, or appliances for inclusion in an aircraft, aircraft engine, or appliance.”

Subtitle B Coronavirus Economic Relief for Transportation Services Act

SEC. 420. Short Title.

This subtitle may be cited as the “Coronavirus Economic Relief for Transportation Services Act”.

SEC. 421. Assistance for Providers of Transportation Services Affected by Covid–19.

(a)

Definitions.— In this section:

(1)

Covered period.— The term “covered period”, with respect to a provider of transportation services, means the period—

(A)

beginning on the date of enactment of this Act; and

(B)

ending on the later of—

(i)

March 31, 2021; or

(ii)

the date on which all funds provided to the provider of transportation services under subsection (c) are expended.

(2)

COVID–19.— The term “COVID–19” means the Coronavirus Disease 2019.

(3)

Payroll costs.—

(A)

In general.— The term “payroll costs” means—

(i)

any payment to an employee of compensation in the form of—

(I)

salary, wage, commission, or similar compensation;

(II)

payment of a cash tip or an equivalent;

(III)

payment for vacation, parental, family, medical, or sick leave;

(IV)

payment required for the provision of group health care or other group insurance benefits, including insurance premiums;

(V)

payment of a retirement benefit;

(VI)

payment of a State or local tax assessed on employees with respect to compensation; or

(VII)

paid administrative leave; and

(ii)

any payment of compensation to, or income of, a sole proprietor or independent contractor—

(I)

that is—

(aa)

a wage;

(bb)

a commission;

(cc)

income;

(dd)

net earnings from self-employment; or

(ee)

similar compensation; and

(II)

in an amount equal to not more than $100,000 during 1 calendar year, as prorated for the covered period.

(B)

Exclusions.— The term “payroll costs” does not include—

(i)

any compensation of an individual employee in excess of an annual salary of $100,000, as prorated for the covered period;

(ii)

any tax imposed or withheld under chapter 21, 22, or 24 of the Internal Revenue Code of 1986 during the covered period;

(iii)

any compensation of an employee whose principal place of residence is outside the United States;

(iv)

any qualified sick leave wages for which a credit is allowed under section 7001 of the Families First Coronavirus Response Act (26 U.S.C. 3111 note; Public Law 116–127);

(v)

any qualified family leave wages for which a credit is allowed under section 7003 of that Act (26 U.S.C. 3111 note; Public Law 116–127); or

(vi)

any bonus, raise in excess of inflation, or other form of additional employee compensation.

(4)

Provider of transportation services.— The term “provider of transportation services” means an entity that—

(A)

is established or organized—

(i)

in the United States; or

(ii)

pursuant to Federal law;

(B)

has significant operations, and a majority of employees based, in the United States;

(C)

was in operation on March 1, 2020; and

(D)

is the operator of—

(i)

a vessel of the United States (as defined in section 116 of title 46, United States Code) that is—

(I)

a passenger vessel (as defined in section 2101 of that title) carrying fewer than 2,400 passengers;

(II)

a small passenger vessel (as defined in section 2101 of that title); or

(III)

a vessel providing pilotage services and regulated by a State in accordance with chapter 85 of that title;

(ii)

a company providing transportation services using a bus characterized by an elevated passenger deck located over a baggage compartment (commonly known as an “over-the-road bus”), including local and intercity fixed-route service, commuter service, and charter or tour service (including tour or excursion service that includes features in addition to bus transportation, such as meals, lodging, admission to points of interest or special attractions, or the services of a guide);

(iii)

a company providing transportation services using a school bus (as defined in section 571.3 of title 49, Code of Federal Regulations (or successor regulations)); or

(iv)

any other passenger transportation service company subject to regulation by the Department of Transportation as the Secretary, in consultation with the Secretary of Transportation, determines to be appropriate.

(5)

Secretary.— The term “Secretary” means the Secretary of the Treasury.

(b)

Funding.— Out of any funds in the Treasury not otherwise appropriated, there are appropriated to provide grants to eligible providers of transportation services under this section, $2,000,000,000 for fiscal year 2021, to remain available until expended.

(c)

Provision of Assistance.—

(1)

In general.— The Secretary, in consultation with the Secretary of Transportation, shall use the amounts made available under subsection (b) to provide grants to eligible providers of transportation services described in paragraph (2) that certify to the Secretary that the providers of transportation services have experienced a revenue loss of 25 percent or more, on an annual basis, as a direct or indirect result of COVID–19.

(2)

Description of eligible providers of transportation services.—

(A)

In general.— An eligible provider of transportation services referred to in paragraph (1) is—

(i)

a provider of transportation services that, on March 1, 2020—

(I)

had 500 or fewer full-time, part-time, or temporary employees; and

(II)

was not a subsidiary, parent, or affiliate of any other entity with a combined total workforce of more than 500 full-time, part-time, or temporary employees; or

(ii)

a provider of transportation services that—

(I)

on March 1, 2020, had more than 500 full-time, part-time, or temporary employees; and

(II)

has not received assistance under paragraph (1), (2), or (3) of section 4003(b), or subtitle B of title IV of division A, of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136; 134 Stat. 281).

(B)

Scope of eligibility for certain companies.—

(i)

In general.— A provider of transportation services that has entered into or maintains a contract or agreement described in clause (ii) shall not be determined to be ineligible for assistance under this subsection on the basis of that contract or agreement, subject to clause (iv).

(ii)

Contract or agreement described.— A contract or agreement referred to in clause (i) is a contract or agreement for transportation services that is supported by a public entity using funds received under the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 505).

(iii)

Adjustment of assistance.— The Secretary may reduce the amount of assistance available under this subsection to a provider of transportation services described in clause (i) based on the amount of funds provided under this section or the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 505) that have supported a contract or agreement described in clause (ii) to which the provider of transportation services is a party.

(iv)

Notice requirement.— A provider of transportation services that has entered into or maintains a contract or agreement described in clause (ii), and that applies for assistance under this subsection, shall submit to the Secretary a notice describing the contract or agreement, including the amount of funds provided for the contract or agreement under this subsection or the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 505).

(3)

Amount.—

(A)

Factors for consideration.— In determining the amount of assistance to be provided to an eligible provider of transportation services under this subsection, the Secretary shall take into consideration information provided by the provider of transportation services, including—

(i)

the amount of debt owed by the provider of transportation services on major equipment, if any;

(ii)

other sources of Federal assistance provided to the provider of transportation services, if any; and

(iii)

such other information as the Secretary may require.

(B)

Limitations.—

(i)

Award.— The Secretary shall ensure that the amount of assistance provided to a provider of transportation services under this subsection, when combined with any other Federal assistance provided in response to COVID–19 under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136; 134 Stat. 281), the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139; 134 Stat. 620), or any other provision of law, does not exceed the total amount of revenue earned by the provider of transportation services during calendar year 2019.

(ii)

Certification.— A provider of transportation services seeking assistance under this subsection shall submit to the Secretary—

(I)

documentation describing the total amount of revenue earned by the provider of transportation services during calendar year 2019; and

(II)

a certification that the amount of assistance sought under this subsection, when combined with any other Federal assistance described in clause (i), does not exceed the total amount of revenue earned by the provider of transportation services during calendar year 2019.

(4)

Form of assistance.— The amounts made available under subsection (b) shall be provided to eligible providers of transportation services in the form of grants.

(5)

Equal access.— The Secretary shall ensure equal access to the assistance provided under this section to eligible providers of transportation services that are small, minority-owned, and women-owned businesses.

(6)

Conditions of receipt.— As a condition of receipt of assistance under this subsection, the Secretary shall require that a provider of transportation services shall agree—

(A)

subject to paragraph (7)—

(i)

to commence using the funds, on a priority basis and to the extent the funds are available, to maintain through the applicable covered period, expenditures on payroll costs for all employees as of the date of enactment of this Act, after making any adjustments required for—

(I)

retirement; or

(II)

voluntary employee separation;

(ii)

not to impose, during the covered period—

(I)

any involuntary furlough; or

(II)

any reduction in pay rates or benefits for nonexecutive employees; and

(iii)

to recall or rehire any employees laid off, furloughed, or terminated after March 27, 2020, to the extent warranted by increased service levels;

(B)

to return to the Secretary any funds received under this subsection that are not used by the provider of transportation services by the date that is 1 year after the date of receipt of the funds; and

(C)

to examine the anticipated expenditure of the funds by the provider of transportation services for the purposes described in subparagraph (A) not less frequently than once every 90 days after the date of receipt of the funds.

(7)

Ramp-up period.— The requirement described in paragraph (6)(A)(iii) shall not apply to a provider of transportation services until the later of—

(A)

the date that is 30 days after the date of receipt of the funds; and

(B)

the date that is 90 days after the date of enactment of this Act.

(8)

Additional conditions of certain receipts.—

(A)

Prioritization of payroll costs.— As a condition of receipt of a grant under this subsection, the Secretary shall require that, except as provided in subparagraph (B), a provider of transportation services shall agree to use an amount equal to not less than 60 percent of the funds on payroll costs of the provider of transportation services.

(B)

Exception.— Subparagraph (A) shall not apply to a provider of transportation services if the provider of transportation services certifies to the Secretary that, after making any adjustments required for retirement or voluntary employee separation—

(i)

each nonseasonal employee on the payroll of the provider of transportation services on January 1, 2020—

(I)

if laid off, furloughed, or terminated by the provider of transportation services as described in paragraph (6)(A)(iii), is rehired, or has been offered rehire, by the provider of transportation services; and

(II)

if rehired under clause (i) or subject to a reduction in salary before the date of receipt by the provider of transportation services of assistance under this subsection, receives not less than 100 percent of the previous salary of the employee;

(ii)

the provider of transportation services—

(I)

is staffed at a level of full-time equivalent, seasonal employees, on a monthly basis, that is greater than or equivalent to the level at which the provider of transportation services was staffed with full-time equivalent, seasonal employees on a monthly basis during calendar year 2019;

(II)

is offering priority in rehiring to seasonal employees that were laid off, furloughed, terminated, or not offered rehire in calendar year 2020, as the provider of transportation services achieves staffing at the level described in subclause (I); and

(III)

offers any seasonal employee rehired under subclause (II) or subject to a reduction in salary before the date of receipt by the provider of transportation services of assistance under this subsection not less than 100 percent of the previous salary of the employee; and

(iii)

the provider of transportation services will fully cover, through the applicable covered period, all payroll costs associated with the staffing requirements described in clauses (i) and (ii).

(9)

Forms; terms and conditions.— A grant provided under this section shall be in such form, subject to such terms and conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate in accordance with this section.

(d)

Eligible Activities.—

(1)

In general.— Subject to the priority described in subsection (c)(6)(A), a provider of transportation services shall use assistance provided under subsection (c) only for—

(A)

the payment of payroll costs;

(B)

the acquisition of services, equipment, including personal protective equipment, and other measures needed to protect workers and customers from COVID–19;

(C)

continued operations and maintenance during the applicable covered period of existing capital equipment and facilities—

(i)

including rent, leases, insurance, and interest on regularly scheduled debt service; but

(ii)

not including any prepayment of, or payment of principal on, a debt obligation, except for any principal on a debt obligation accrued by the provider of transportation services directly to maintain the expenditures of the provider of transportation services on payroll costs throughout the COVID–19 pandemic; or

(D)

the compensation of returning employees for lost pay and benefits during the COVID–19 pandemic, subject to subsection (e).

(2)

Eligibility.— The use of assistance provided under subsection (c) for the compensation of returning employees under paragraph (1)(D) shall be counted toward the required amount of grants to be used on payroll costs under subsection (c)(6)(A).

(e)

Compensation of Returning Employees.— Notwithstanding any other provision of law, any compensation provided to a returning employee under subsection (d)(1)(D)—

(1)

shall be offset by—

(A)

any amounts received by the employee from the provider of transportation services as a result of the layoff, furlough, or termination of the employee or any failure to hire the employee for seasonal employment during calendar year 2020, including—

(i)

furlough pay;

(ii)

severance pay; or

(iii)

separation pay; and

(B)

any amounts the employee received from unemployment insurance; and

(2)

shall not—

(A)

be considered an overpayment for purposes of any State or Federal unemployment law; or

(B)

be subject to any overpayment recovery efforts by a State agency (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (U.S.C. 3304 note)).

(f)

Administrative Provisions.—

(1)

In general.— The Secretary may take such actions as the Secretary determines to be necessary to carry out this section, including—

(A)

using direct hiring authority to hire employees to administer this section;

(B)

entering into contracts, including contracts for services authorized by this section; and

(C)

issuing such regulations and other guidance as may be necessary or appropriate to carry out the purposes of this section.

(2)

Administrative expenses.— Of the funds made available under this section, not more than $50,000,000 may be used by the Secretary for administrative expenses to carry out this section.

(3)

Availability for obligation.— The funds made available under this section shall remain available for obligation until the date that is 3 years after the date of enactment of this Act.

Subtitle C Motor Carrier Safety Grant Relief Act of 2020

SEC. 440. Short Title.

This subtitle may be cited as the “Motor Carrier Safety Grant Relief Act of 2020”.

SEC. 441. Relief for Recipients of Financial Assistance Awards from the Federal Motor Carrier Safety Administration.

(a)

Definition of Secretary.— In this section, the term “Secretary” means the Secretary of Transportation.

(b)

Relief for Recipients of Financial Assistance Awarded for Fiscal Years 2019 and 2020.—

(1)

In general.— Notwithstanding any provision of chapter 311 of title 49, United States Code (including any applicable period of availability under section 31104(f) of that title), and any regulations promulgated under that chapter and subject to paragraph (2), the period of availability during which a recipient may expend amounts made available to the recipient under a grant or cooperative agreement described in subparagraphs (A) through (E) shall be—

(A)

for a grant made under section 31102 of that title (other than subsection (l) of that section)—

(i)

the fiscal year in which the Secretary approves the financial assistance agreement with respect to the grant; and

(ii)

the following 2 fiscal years;

(B)

for a grant made or a cooperative agreement entered into under section 31102(l)(2) of that title—

(i)

the fiscal year in which the Secretary approves the financial assistance agreement with respect to the grant or cooperative agreement; and

(ii)

the following 3 fiscal years;

(C)

for a grant made under section 31102(l)(3) of that title—

(i)

the fiscal year in which the Secretary approves the financial assistance agreement with respect to the grant; and

(ii)

the following 5 fiscal years;

(D)

for a grant made under section 31103 of that title—

(i)

the fiscal year in which the Secretary approves the financial assistance agreement with respect to the grant; and

(ii)

the following 2 fiscal years; and

(E)

for a grant made or a cooperative agreement entered into under section 31313 of that title—

(i)

the year in which the Secretary approves the financial assistance agreement with respect to the grant or cooperative agreement; and

(ii)

the following 5 fiscal years.

(2)

Applicability.—

(A)

Amounts awarded for fiscal years 2019 and 2020.— The periods of availability described in paragraph (1) shall apply only—

(i)

to amounts awarded for fiscal year 2019 or 2020 under a grant or cooperative agreement described in subparagraphs (A) through (E) of that paragraph; and

(ii)

for the purpose of expanding the period of availability during which the recipient may expend the amounts described in clause (i).

(B)

Amounts awarded for other years.— The periods of availability described in paragraph (1) shall not apply to any amounts awarded under a grant or cooperative agreement described in subparagraphs (A) through (E) of that paragraph for any fiscal year other than fiscal year 2019 or 2020, and those amounts shall be subject to the period of availability otherwise applicable to those amounts under Federal law.

Subtitle D Extension of Waiver Authority

SEC. 442. Extension of Waiver Authority.

Notwithstanding any other provision of law, in fiscal year 2021, the Secretary of Transportation may exercise the authority provided by section 22005 of division B of the CARES Act (23 U.S.C. 401 note; Public Law 116–136).

TITLE V Banking

Subtitle A Emergency Rental Assistance

SEC. 501. Emergency Rental Assistance.

(a)

Appropriation.—

(1)

In general.— Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for making payments to eligible grantees under this section, $25,000,000,000 for fiscal year 2021.

(2)

Reservation of funds for the territories and tribal communities.— Of the amount appropriated under paragraph (1), the Secretary shall reserve—

(A)

$400,000,000 of such amount for making payments under this section to the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; and

(B)

$800,000,000 of such amount for making payments under this section to eligible grantees described in subparagraphs (C) and (D) of subsection (k)(2); and

(C)

$15,000,000 for administrative expenses of the Secretary described in subsection (h).

(b)

Payments for Rental Assistance.—

(1)

Allocation and payments to states and units of local government.—

(A)

In general.— The amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of such subsection shall be allocated and paid to eligible grantees described in subparagraph (B) in the same manner as the amount appropriated under subsection (a)(1) of section 601 of the Social Security Act (42 U.S.C. 801) is allocated and paid to States and units of local government under subsections (b) and (c) of such section, and shall be subject to the same requirements, except that—

(i)

the deadline for payments under section 601(b)(1) of such Act shall, for purposes of payments under this section, be deemed to be not later than 30 days after the date of enactment of this section;

(ii)

the amount referred to in paragraph (3) of section 601(c) of such Act shall be deemed to be the amount appropriated under paragraph (1) of subsection (a) of this Act that remains after the application of paragraph (2) of such subsection;

(iii)

section 601(c) of the Social Security Act shall be applied—

(I)

by substituting “1 of the 50 States or the District of Columbia” for “1 of the 50 States” each place it appears;

(II)

in paragraph (2)(A), by substituting “ $200,000,000” for “ $1,250,000,000”;

(III)

in paragraph (2)(B), by substituting “each of the 50 States and District of Columbia” for “each of the 50 States”;

(IV)

in paragraph (4), by substituting “excluding the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa” for “excluding the District of Columbia and territories specified in subsection (a)(2)(A)”; and

(V)

without regard to paragraph (6);

(iv)

section 601(d) of such Act shall not apply to such payments; and

(v)

section 601(e) shall be applied —

(I)

by substituting “under section 501 of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021” for “under this section”; and

(II)

by substituting “local government elects to receive funds from the Secretary under section 501 of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 and will use the funds in a manner consistent with such section” for “local government’s proposed uses of the funds are consistent with subsection (d)”.

(B)

Eligible grantees described.— The eligible grantees described in this subparagraph are the following:

(i)

A State that is 1 of the 50 States or the District of Columbia.

(ii)

A unit of local government located in a State described in clause (i).

(2)

Allocation and payments to tribal communities.—

(A)

In general.— From the amount reserved under subsection (a)(2)(B), the Secretary shall—

(i)

pay the amount equal to 0.3 percent of such amount to the Department of Hawaiian Home Lands; and

(ii)

subject to subparagraph (B), from the remainder of such amount, allocate and pay to each Indian tribe (or, if applicable, the tribally designated housing entity of an Indian tribe) that was eligible for a grant under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.) for fiscal year 2020 an amount that bears the same proportion to the such remainder as the amount each such Indian tribe (or entity) was eligible to receive for such fiscal year from the amount appropriated under paragraph (1) under the heading “native american programs” under the heading “Public and Indian Housing” of title II of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry out the Native American Housing Block Grants program bears to the amount appropriated under such paragraph for such fiscal year, provided the Secretary shall be authorized to allocate, in an equitable manner as determined by the Secretary, and pay any Indian tribe that opted out of receiving a grant allocation under the Native American Housing Block Grants program formula in fiscal year 2020, including by establishing a minimum amount of payments to such Indian tribe, provided such Indian tribe notifies the Secretary not later than 30 days after the date of enactment of this Act that it intends to receive allocations and payments under this section.

(B)

Pro rata adjustment; distribution of declined funds.—

(i)

Pro rata adjustments.— The Secretary shall make pro rata reductions in the amounts of the allocations determined under clause (ii) of subparagraph (A) for entities described in such clause as necessary to ensure that the total amount of payments made pursuant to such clause does not exceed the remainder amount described in such clause.

(ii)

Distribution of declined funds.— If the Secretary determines as of 30 days after the date of enactment of this Act that an entity described in clause (ii) of subparagraph (A) has declined to receive its full allocation under such clause then, not later than 15 days after such date, the Secretary shall redistribute, on a pro rata basis, such allocation among the other entities described in such clause that have not declined to receive their allocations.

(3)

Allocations and payments to territories.—

(A)

In general.— From the amount reserved under subsection (a)(2)(A), subject to subparagraph (B), the Secretary shall allocate and pay to each eligible grantee described in subparagraph (C) an amount equal to the product of—

(i)

the amount so reserved; and

(ii)

each such eligible grantee’s share of the combined total population of all such eligible grantees, as determined by the Secretary.

(B)

Allocation adjustment.—

(i)

Requirement.— The sum of the amounts allocated under subparagraph (A) to all of the eligible grantees described in clause (ii) of subparagraph (C) shall not be less than the amount equal to 0.3 percent of the amount appropriated under subsection (a)(1).

(ii)

Reduction.— The Secretary shall reduce the amount of the allocation determined under subparagraph (A) for the eligible grantee described in clause (i) of subparagraph (C) as necessary to meet the requirement of clause (i).

(C)

Eligible grantees described.— The eligible grantees described in this subparagraph are—

(i)

the Commonwealth of Puerto Rico; and

(ii)

the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

(c)

Use of Funds.—

(1)

In general.— An eligible grantee shall only use the funds provided from a payment made under this section to provide financial assistance and housing stability services to eligible households.

(2)

Financial assistance.—

(A)

In general.— Not less than 90 percent of the funds received by an eligible grantee from a payment made under this section shall be used to provide financial assistance to eligible households, including the payment of

(i)

rent;

(ii)

rental arrears;

(iii)

utilities and home energy costs;

(iv)

utilities and home energy costs arrears; and

(v)

other expenses related to housing incurred due, directly or indirectly, to the novel coronavirus disease (COVID-19) outbreak, as defined by the Secretary.

Such assistance shall be provided for a period not to exceed 12 months except that grantees may provide assistance for an additional 3 months only if necessary to ensure housing stability for a household subject to the availability of funds.

(B)

Limitation on assistance for prospective rent payments.—

(i)

In general.— Subject to the exception in clause (ii), an eligible grantee shall not provide an eligible household with financial assistance for prospective rent payments for more than 3 months based on any application by or on behalf of the household.

(ii)

Exception.— For any eligible household described in clause (i), such household may receive financial assistance for prospective rent payments for additional months:

(I)

subject to the availability of remaining funds currently allocated to the eligible grantee, and

(II)

based on a subsequent application for additional financial assistance provided that the total months of financial assistance provided to the household do not exceed the total months of assistance allowed under subparagraph (A).

(iii)

Further limitation.— To the extent that applicants have rental arrears, grantees may not make commitments for prospective rent payments unless they have also provided assistance to reduce an eligible household’s rental arrears.

(C)

Distribution of financial assistance.—

(i)

Payments.—

(I)

In general.— With respect to financial assistance for rent and rental arrears and utilities and home energy costs and utility and home energy costs arrears provided to an eligible household from a payment made under this section, an eligible grantee shall make payments to a lessor or utility provider on behalf of the eligible household, except that, if the lessor or utility provider does not agree to accept such payment from the grantee after outreach to the lessor or utility provider by the grantee, the grantee may make such payments directly to the eligible household for the purpose of making payments to the lessor or utility provider.

(II)

Rule of construction.— Nothing in this section shall be construed to invalidate any otherwise legitimate grounds for eviction.

(ii)

Documentation.— For any payments made by an eligible grantee to a lessor or utility provider on behalf of an eligible household, the eligible grantee shall provide documentation of such payments to such household.

(3)

Housing stability services.— Not more than 10 percent of funds received by an eligible grantee from a payment made under this section may be used to provide eligible households with case management and other services related to the novel coronavirus disease (COVID-19) outbreak, as defined by the Secretary, intended to help keep households stably housed.

(4)

Prioritization of assistance.—

(A)

In reviewing applications for financial assistance and housing stability services to eligible households from a payment made under this section, an eligible grantee shall prioritize consideration of the applications of an eligible household that satisfies any of the following conditions:

(i)

The income of the household does not exceed 50 percent of the area median income for the household.

(ii)

1 or more individuals within the household are unemployed as of the date of the application for assistance and have not been employed for the 90-day period preceding such date.

(B)

Nothing in this section shall be construed to prohibit an eligible grantee from providing a process for the further prioritizing of applications for financial assistance and housing stability services from a payment made under this section, including to eligible households in which 1 or more individuals within the household were unable to reach their place of employment or their place of employment was closed because of a public health order imposed as a direct result of the COVID-19 public health emergency.

(5)

Administrative costs.—

(A)

In general.— Not more than 10 percent of the amount paid to an eligible grantee under this section may be used for administrative costs attributable to providing financial assistance and housing stability services under paragraphs (2) and (3), respectively, including for data collection and reporting requirements related to such funds.

(B)

No other administrative costs.— Amounts paid under this section shall not be used for any administrative costs other than to the extent allowed under subparagraph (A).

(d)

Reallocation of Unused Funds.— Beginning on September 30, 2021, the Secretary shall recapture excess funds, as determined by the Secretary, not obligated by a grantee for the purposes described under subsection (c) and the Secretary shall reallocate and repay such amounts to eligible grantees who, at the time of such reallocation, have obligated at least 65 percent of the amount originally allocated and paid to such grantee under subsection (b)(1), only for the allowable uses described under subsection (c). The amount of any such reallocation shall be determined based on demonstrated need within a grantee’s jurisdiction, as determined by the Secretary.

(e)

Availability.—

(1)

In general.— Funds provided to an eligible grantee under a payment made under this section shall remain available through December 31, 2021.

(2)

Extension for funds provided pursuant to a reallocation of unused funds.— For funds reallocated to an eligible grantee pursuant to subsection (d), an eligible grantee may request, subject to the approval of the Secretary, a 90-day extension of the deadline established in paragraph (1).

(f)

Application for Assistance by Landlords and Owners.—

(1)

In general.— Subject to paragraph (2), nothing in this section shall preclude a landlord or owner of a residential dwelling from—

(A)

assisting a renter of such dwelling in applying for assistance from a payment made under this section; or

(B)

applying for such assistance on behalf of a renter of such dwelling.

(2)

Requirements for applications submitted on behalf of tenants.— If a landlord or owner of a residential dwelling submits an application for assistance from a payment made under this section on behalf of a renter of such dwelling—

(A)

the landlord must obtain the signature of the tenant on such application, which may be documented electronically;

(B)

documentation of such application shall be provided to the tenant by the landlord; and

(C)

any payments received by the landlord from a payment made under this section shall be used to satisfy the tenant’s rental obligations to the owner.

(g)

Reporting Requirements.—

(1)

In general.— The Secretary, in consultation with the Secretary of Housing and Urban Development, shall provide public reports not less frequently than quarterly regarding the use of funds made available under this section, which shall include, with respect to each eligible grantee under this section, both for the past quarter and over the period for which such funds are available—

(A)

the number of eligible households that receive assistance from such payments;

(B)

the acceptance rate of applicants for assistance;

(C)

the type or types of assistance provided to each eligible household;

(D)

the average amount of funding provided per eligible household receiving assistance;

(E)

household income level, with such information disaggregated for households with income that—

(i)

does not exceed 30 percent of the area median income for the household;

(ii)

exceeds 30 percent but does not exceed 50 percent of the area median income for the household; and

(iii)

exceeds 50 percent but does not exceed 80 percent of area median income for the household; and

(F)

the average number of monthly rental or utility payments that were covered by the funding amount that a household received, as applicable.

(2)

Disaggregation.— Each report under this subsection shall disaggregate the information relating to households provided under subparagraphs (A) through (F) of paragraph (1) by the gender, race, and ethnicity of the primary applicant for assistance in such households.

(3)

Alternative reporting requirements for certain grantees.— The Secretary may establish alternative reporting requirements for grantees described in subsection (b)(2).

(4)

Privacy requirements.—

(A)

In general.— Each eligible grantee that receives a payment under this section shall establish data privacy and security requirements for the information described in paragraph (1) that—

(i)

include appropriate measures to ensure that the privacy of the individuals and households is protected;

(ii)

provide that the information, including any personally identifiable information, is collected and used only for the purpose of submitting reports under paragraph (1); and

(iii)

provide confidentiality protections for data collected about any individuals who are survivors of intimate partner violence, sexual assault, or stalking.

(B)

Statistical research.—

(i)

In general.— The Secretary—

(I)

may provide full and unredacted information provided under subparagraphs (A) through (F) of paragraph (1), including personally identifiable information, for statistical research purposes in accordance with existing law; and

(II)

may collect and make available for statistical research, at the census tract level, information collected under subparagraph (A).

(ii)

Application of privacy requirements.— A recipient of information under clause (i) shall establish for such information the data privacy and security requirements described in subparagraph (A).

(5)

Nonapplication of the paperwork reduction act.— Subchapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information for the reporting or research requirements specified in this subsection.

(h)

Administrative Expenses of the Secretary.— Of the funds appropriated pursuant to subsection (a), not more than $15,000,000 may be used for administrative expenses of the Secretary in administering this section, including technical assistance to grantees in order to facilitate effective use of funds provided under this section.

(i)

Inspector General Oversight; Recoupment

(1)

Oversight authority.— The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

(2)

Recoupment.— If the Inspector General of the Department of the Treasury determines that a State, Tribal government, or unit of local government has failed to comply with subsection (c), the amount equal to the amount of funds used in violation of such subsection shall be booked as a debt of such entity owed to the Federal Government. Amounts recovered under this subsection shall be deposited into the general fund of the Treasury.

(3)

Appropriation.— Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Office of the Inspector General of the Department of the Treasury, $6,500,000 to carry out oversight and recoupment activities under this subsection. Amounts appropriated under the preceding sentence shall remain available until expended.

(4)

Authority of inspector general.— Nothing in this subsection shall be construed to diminish the authority of any Inspector General, including such authority as provided in the Inspector General Act of 1978 (5 U.S.C. App.)

(j)

Treatment of Assistance.— Assistance provided to a household from a payment made under this section shall not be regarded as income and shall not be regarded as a resource for purposes of determining the eligibility of the household or any member of the household for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.

(k)

Definitions.— In this section:

(1)

Area median income.— The term “area median income” means, with respect to a household, the median income for the area in which the household is located, as determined by the Secretary of Housing and Urban Development.

(2)

Eligible grantee.— The term “eligible grantee” means any of the following:

(A)

A State (as defined in section 601(g)(4) of the Social Security Act (42 U.S.C. 801(g)(4)).

(B)

A unit of local government (as defined in paragraph (5)).

(C)

An Indian tribe or its tribally designated housing entity (as such terms are defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) that was eligible to receive a grant under title I of such Act (25 U.S.C. 4111 et seq.) for fiscal year 2020 from the amount appropriated under paragraph (1) under the heading “native american programs” under the heading “Public and Indian Housing” of title II of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry out the Native American Housing Block Grants program. For the avoidance of doubt, the term Indian tribe shall include Alaska native corporations established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(D)

The Department of Hawaiian Homelands.

(3)

Eligible household.—

(A)

In general.— The term “eligible household” means a household of 1 or more individuals who are obligated to pay rent on a residential dwelling and with respect to which the eligible grantee involved determines—

(i)

that 1 or more individuals within the household has

(I)

qualified for unemployment benefits or

(II)

experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, to the novel coronavirus disease (COVID–19) outbreak, which the applicant shall attest in writing;

(ii)

that 1 or more individuals within the household can demonstrate a risk of experiencing homelessness or housing instability, which may include—

(I)

a past due utility or rent notice or eviction notice;

(II)

unsafe or unhealthy living conditions; or

(III)

any other evidence of such risk, as determined by the eligible grantee involved; and

(iii)

the household has a household income that is not more than 80 percent of the area median income for the household.

(B)

Exception.— To the extent feasible, an eligible grantee shall ensure that any rental assistance provided to an eligible household pursuant to funds made available under this section is not duplicative of any other Federally funded rental assistance provided to such household.

(C)

Income determination.—

(i)

In determining the income of a household for purposes of determining such household’s eligibility for assistance from a payment made under this section (including for purposes of subsection (c)(4)), the eligible grantee involved shall consider either

(I)

the household’s total income for calendar year 2020, or

(II)

subject to clause (ii), sufficient confirmation, as determined by the Secretary, of the household’s monthly income at the time of application for such assistance.

(ii)

In the case of income determined under subclause (II), the eligible grantee shall be required to re-determine the eligibility of a household’s income after each such period of 3 months for which the household receives assistance from a payment made under this section.

(4)

Inspector general.— The term “Inspector General” means the Inspector General of the Department of the Treasury.

(5)

Secretary.— The term “Secretary” means the Secretary of the Treasury.

(6)

Unit of local government.— The term “unit of local government” has the meaning given such term in paragraph (2) of section 601(g) of the Social Security Act (42 U.S.C. 801(g)), except that, in applying such term for purposes of this section, such paragraph shall be applied by substituting “200,000” for “500,000”.

(l)

Termination of Program.— The authority of an eligible grantee to make new obligations to provide payments under subsection (c) shall terminate on the date established in subsection (e) for that eligible grantee. Amounts not expended in accordance with this section shall revert to the Department of the Treasury.

SEC. 502. Extension of Eviction Moratorium.

The order issued by the Centers for Disease Control and Prevention under section 361 of the Public Health Service Act (42 U.S.C. 264), entitled “Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID–19” (85 Fed. Reg. 55292 (September 4, 2020) is extended through January 31, 2021, notwithstanding the effective dates specified in such Order.

Subtitle B Community Development Investment

SEC. 520. Purpose.

The purpose of this subtitle is to establish emergency programs to revitalize and provide long-term financial products and service availability for, and provide investments in, low- and moderate-income and minority communities that have disproportionately suffered from the impacts of the COVID–19 pandemic.

SEC. 521. Considerations; Requirements for Creditors.

(a)

In General.— In exercising the authorities under this subtitle and the amendments made by this subtitle, the Secretary of the Treasury shall take into consideration increasing the availability of affordable credit for consumers, small businesses, and nonprofit organizations, including for projects supporting affordable housing, community-serving real estate, and other projects, that provide direct benefits to low- and moderate-income communities, low-income and underserved individuals, and minorities, that have disproportionately suffered from the health and economic impacts of the COVID–19 pandemic.

(b)

Requirement for Creditors.— Any creditor participating in a program established under this subtitle or the amendments made by this subtitle shall fully comply with all applicable statutory and regulatory requirements relating to fair lending.

SEC. 522. Capital Investments for Neighborhoods Disproportionately Impacted by the Covid–19 Pandemic.

(a)

In General.— The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by inserting after section 104 (12 U.S.C. 4703) the following:

“SEC. 104A. CAPITAL INVESTMENTS FOR NEIGHBORHOODS DISPROPORTIONATELY IMPACTED BY THE COVID–19 PANDEMIC.

“(a) Definitions.—In this section—

“(1) the term ‘bank holding company’ has the meaning given the term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841);

“(2) the term ‘eligible institution’ means any low- and moderate-income community financial institution that is eligible to participate in the Program;

“(3) the term ‘Emergency Capital Investment Fund’ means the Emergency Capital Investment Fund established under subsection (b);

“(4) the term ‘low- and moderate-income community financial institution’ means any financial institution that is—

“(A)

(i) a community development financial institution; or

“(ii) a minority depository institution; and

“(B)

(i) an insured depository institution that is not controlled by a bank holding company or savings and loan holding company that is also an eligible institution;

“(ii) a bank holding company;

“(iii) a savings and loan holding company; or

“(iv) a federally insured credit union;

“(5) the term ‘minority’ means any Black American, Native American, Hispanic American, Asian American, Native Alaskan, Native Hawaiian, or Pacific Islander;

“(6) the term ‘minority depository institution’ means an entity that is—

“(A) a minority depository institution, as defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note); or

“(B) considered to be a minority depository institution by—

“(i) the appropriate Federal banking agency; or

“(ii) the National Credit Union Administration, in the case of an insured credit union; or

“(C) listed in the Federal Deposit Insurance Corporation’s Minority Depository Institutions List published for the Third Quarter 2020.

“(7) the term ‘Program’ means the Emergency Capital Investment Program established under subsection (b);

“(8) the term ‘savings and loan holding company’ has the meaning given the term under section 10(a) of the Home Owners’ Loan Act (12 U.S.C. 1467a(a)); and

“(9) the ‘Secretary’ means the Secretary of the Treasury.

“(b) Establishment.—

“(1) Fund established.—There is established in the Treasury of the United States a fund to be known as the ‘Emergency Capital Investment Fund’, which shall be administered by the Secretary.

“(2) Program authorized.—The Secretary is authorized to establish an emergency program known as the ‘Emergency Capital Investment Program’ to support the efforts of low- and moderate-income community financial institutions to, among other things, provide loans, grants, and forbearance for small businesses, minority-owned businesses, and consumers, especially in low-income and underserved communities, including persistent poverty counties, that may be disproportionately impacted by the economic effects of the COVID–19 pandemic, by providing direct and indirect capital investments in low- and moderate-income community financial institutions consistent with this section.

“(c) Purchases.—

“(1) In general.—Subject to paragraph (2), the Emergency Capital Investment Fund shall be available to the Secretary, without further appropriation or fiscal year limitation, for the costs of purchases (including commitments to purchase), and modifications of such purchases, of preferred stock and other financial instruments from eligible institutions on such terms and conditions as are determined by the Secretary in accordance with this section.

“(2) Purchase limit.—The aggregate amount of purchases pursuant to paragraph (1) may not exceed $9,000,000,000.

“(d) Application.—

“(1) Acceptance.—The Secretary shall begin accepting applications for capital investments under the Program not later than the end of the 30-day period beginning on the date of enactment of this section.

“(2) Consultation with regulators.—For each eligible institution that applies to receive a capital investment under the Program, the Secretary shall consult with the appropriate Federal banking agency or the National Credit Union Administration, as applicable, to determine whether the eligible institution may receive such capital investment.

“(3) Eligibility.—

“(A) In general.—Only low- and moderate-income community financial institutions shall be eligible to participate in the Program.

“(B) Additional criteria.—The Secretary may establish additional criteria for participation by an institution in the Program, as the Secretary may determine appropriate in furtherance of the goals of the Program.

“(4) Requirement to provide an emergency investment lending plan for communities that may be disproportionately impacted by the economic effects of the covid–19 pandemic.—

“(A) In general.—At the time that an applicant submits an application to the Secretary for a capital investment under the Program, the applicant shall provide the Secretary, along with the appropriate Federal banking agency or the National Credit Union Administration, as applicable, an investment and lending plan that—

“(i) demonstrates that not less than 30 percent of the lending of the applicant over the past 2 fiscal years was made directly to low- and moderate income borrowers, to borrowers that create direct benefits for low- and moderate-income populations, to other targeted populations as defined by the Fund, or any combination thereof, as measured by the total number and dollar amount of loans;

“(ii) describes how the business strategy and operating goals of the applicant will address community development needs in communities that may be disproportionately impacted by the economic effects of COVID–19, which includes the needs of small businesses, consumers, nonprofit organizations, community development, and other projects providing direct benefits to low- and moderate-income communities, low-income individuals, and minorities within the minority, rural, and urban low-income and underserved areas served by the applicant;

“(iii) includes a plan to provide community outreach and communication, where appropriate;

“(iv) includes details on how the applicant plans to expand or maintain significant lending or investment activity in low- or moderate-income minority communities, especially those that may be disproportionately impacted by COVID–19 to historically disadvantaged borrowers, and to minorities that have significant unmet capital or financial services needs.

“(B) Documentation.—In the case of an applicant that is certified as a community development financial institution as of the date of enactment of this subsection, for purposes of subparagraph (A)(i), the Secretary may rely on documentation submitted by the applicant to the Fund as part of certification compliance reporting.

“(5) Incentives to increase lending and provide affordable credit.—

“(A) Issuance and purchase of preferred stock.—An eligible institution that the Secretary approves for participation in the Program may issue to the Secretary, and the Secretary may purchase from such institution, preferred stock that—

“(i) provides that the preferred stock will—

“(I) be repaid not later than the end of the 10-year period beginning on the date of the capital investment under the Program; or

“(II) at the end of such 10-year period, be subject to such additional terms as the Secretary shall prescribe, which shall include a requirement that the stock shall carry the highest dividend or interest rate payable; and

“(ii) provides that the term and condition described under clause (i) shall not apply if the application of that term and condition would adversely affect the capital treatment of the stock under current or successor applicable capital provisions compared to a capital instrument with identical terms other than the term and condition described under clause (i).

“(B) Alternative financial instruments.—If the Secretary determines that an institution cannot feasibly issue preferred stock as provided under subparagraph (A), such institution may issue to the Secretary, and the Secretary may purchase from such institution, a subordinated debt instrument whose terms are, to the extent possible, consistent with requirements under the Program applicable to the terms of preferred stock issued by institutions participating in the Program, with such adjustments as the Secretary determines appropriate, including by taking into account the tax treatment of payments made with respect to securities issued by such eligible institution.

“(6) Requirements on preferred stock and other financial instrument.—Any financial instrument issued to the Secretary by a low- and moderate-income community financial institution under the Program shall provide the following:

“(A) No dividends, interest or other similar required payments shall have a rate exceeding 2 percent per annum for the first 10 years.

“(B) The annual required payment rate of dividends, interest, or other similar payments of a low- and moderate-income community financial institution shall be adjusted downward as follows, based on lending by the institution during the most recent annual period compared to lending by the institution during the annual period ending on September 30, 2020:

“(i) No dividends, interest, or other similar payments shall be due within the first 24-month period after the capital investment by the Secretary.

“(ii) If the amount of lending by the institution within minority, rural, and urban low-income and underserved communities and to low- and moderate-income borrowers has increased in amount between 200 percent and 400 percent of the amount of the capital investment, the annual payment rate shall not exceed 1.25 percent per annum.

“(iii) If the amount of lending by the institution within minority, rural, and urban low-income and underserved communities and to low- and moderate-income borrowers has increased by more than 400 percent of the capital investment, the annual payment rate shall not exceed 0.5 percent per annum.

“(7) Contingency of payments based on certain financial criteria.—

“(A) Deferral.—Any annual payments under this section shall be deferred in any quarter or payment period if any of the following is true:

“(i) The low- and moderate-income community institution fails to meet the Tier 1 capital ratio or similar ratio as determined by the Secretary.

“(ii) The low- and moderate-income community financial institution fails to achieve positive net income for the quarter or payment period.

“(iii) The low- and moderate-income community financial institution determines that the payment would be detrimental to the financial health of the institution and the Chief Executive Officer and Chief Financial Officer of the institution provide written notice, in a form reasonably satisfactory to the Secretary, of such determination and the basis thereof.

“(B) Testing during next payment period.—Any annual payment that is deferred under this section shall—

“(i) be tested against the metrics described in subparagraph (A) at the beginning of the next payment period; and

“(ii) continue to be deferred until the metrics described in that subparagraph are no longer applicable.

“(8) Requirements in connection with failure to satisfy program goals.—Any financial instrument issued to the Secretary by a low- and moderate-income community financial institution under the Program may include such additional terms and conditions as the Secretary determines may be appropriate to provide the holders with rights in the event that such institution fails to satisfy applicable requirements under the Program or to protect the interests of the Federal Government.

“(e) Restrictions.—

“(1) In general.—Each low- and moderate-income community financial institution may only issue financial instruments or senior preferred stock under this subsection with an aggregate principal amount (or comparable amount) that is—

“(A) not more than $250,000,000; and

“(B)

(i) not more than 7.5 percent of total assets for an institution with assets of more than $2,000,000,000;

“(ii) not more than 15 percent of total assets for an institution with assets of not less than $500,000,000 and not more than $2,000,000,000; and

“(iii) not more than 22.5 percent of total assets for an institution with assets of less than $500,000,000.

“(2) Set-asides.—Of the amounts made available under subsection (c)(2), not less than $4,000,000,000 shall be made available for eligible institutions with total assets of not more than $2,000,000,000 that timely apply to receive a capital investment under the Program, of which not less than $2,000,000,000 shall be made available for eligible institutions with total assets of less than $500,000,000 that timely apply to receive a capital investment under the Program.

“(3) Holding of instruments.—Holding any instrument of a low- and moderate-income community financial institution described in paragraph (1) shall not give the Secretary or any successor that owns the instrument any rights over the management of the institution in the ordinary course of business.

“(4) Sale of interest.—

“(A) In general.—With respect to a capital investment made into a low- and moderate-income community financial institution under this section, the Secretary—

“(i) prior to any sale of such capital investment to a third party, shall provide the low- and moderate-income community financial institution a right of first refusal to buy back the investment under terms that do not exceed a value as determined by an independent third party;

“(ii) shall not sell more than 25 percent of the outstanding equity interests of any institution to a single third party without the consent of such institution, which may not be unreasonably withheld; and

“(iii) with the permission of the institution, may transfer or sell the interest of the Secretary in the capital investment for no consideration or for a de minimis amount to a mission aligned nonprofit affiliate of an applicant that is an insured community development financial institution.

“(B) Calculation of ownership for minority depository institutions.—The calculation and determination of ownership thresholds for a depository institution to qualify as a minority depository institution shall exclude any dilutive effect of equity investments by the Federal Government, including under the Program or through the Fund.

“(5) Repayment incentives.—The Secretary may establish repayment incentives that will apply to capital investments under the Program in a manner that the Secretary determines to be consistent with the purposes of the Program.

“(f) Treatment of Capital Investments.—The Secretary shall seek to establish the terms of preferred stock issued under the Program to enable such preferred stock to receive Tier 1 capital treatment.

“(g) Outreach to Minority Communities.—The Secretary shall require low- and moderate-income community financial institutions receiving capital investments under the Program to provide community outreach and communication, where appropriate, describing the availability and application process of receiving loans made possible by the Program through organizations, trade associations, and individuals that represent or work within or are members of minority communities.

“(h) Restrictions.—

“(1) In general.—Not later than the end of the 30-day period beginning on the date of enactment of this section, the Secretary shall issue rules setting restrictions on executive compensation, share buybacks, and dividend payments for recipients of capital investments under the Program.

“(2) Conflicts of interest.—

“(A) Definitions.—In this paragraph:

“(i) Controlling interest.—The term ‘controlling interest’ means owning, controlling, or holding not less than 20 percent, by vote or value, of the outstanding amount of any class of equity interest in an entity.

“(ii) Covered entity.—The term ‘covered entity’ means an entity in which a covered individual directly or indirectly holds a controlling interest. For the purpose of determining whether an entity is a covered entity, the securities owned, controlled, or held by 2 or more individuals who are related as described in clause (iii)(II) shall be aggregated.

“(iii) Covered individual.—The term ‘covered individual’ means—

“(I) the President, the Vice President, the head of an Executive department, or a Member of Congress; and

“(II) the spouse, child, son-in-law, or daughter-in-law, as determined under applicable common law, of an individual described in subclause (i).

“(iv) Executive department.—The term ‘Executive department’ has the meaning given the term in section 101 of title 5, United States Code.

“(v) Member of congress.—The term ‘member of Congress’ means a member of the Senate or House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.

“(vi) Equity interest.—The term ‘equity interest’ means—

“(I) a share in an entity, without regard to whether the share is—

“(aa) transferable; or

“(bb) classified as stock or anything similar;

“(II) a capital or profit interest in a limited liability company or partnership; or

“(III) a warrant or right, other than a right to convert, to purchase, sell, or subscribe to a share or interest described in subclause (I) or (II), respectively.

“(B) Prohibition.—Notwithstanding any other provision of this section, no covered entity may be eligible for any investment made under the Program.

“(C) Requirement.—The principal executive officer and the principal financial officer, or individuals performing similar functions, of an entity seeking to receive an investment made under the Program shall, before that investment is approved, certify to the Secretary and the appropriate Federal banking agency or the National Credit Union Administration, as applicable, that the entity is eligible to receive the investment, including that the entity is not a covered entity.

“(i) Ineligibility of Certain Institutions.—An institution shall be ineligible to participate in the Program if such institution is designated in Troubled Condition by the appropriate Federal banking agency or the National Credit Union Administration, as applicable, or is subject to a formal enforcement action with its primary Federal regulator that addresses unsafe or unsound lending practices.

“(j) Termination of Investment Authority.—

“(1) In general.—The authority to make new capital investments in low- and moderate-income community financial institutions, including commitments to purchase preferred stock or other instruments, provided under the Program shall terminate on the date that is 6 months after the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates.

“(2) Rule of construction.—Nothing in this subsection may be construed to limit any other authority of the Secretary not described in paragraph (1).

“(k) Collection of Data.—Notwithstanding the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)—

“(1) any low- and moderate-income community financial institution may collect data described in section 701(a)(1) of that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants for credit for the sole purpose and exclusive use of monitoring compliance under the plan required under subsection (d)(4); and

“(2) a low- and moderate-income community financial institution that collects the data described in paragraph (1) shall not be subject to adverse action related to that collection by the Bureau of Consumer Financial Protection or any other Federal agency.

“(l) Deposit of Funds.—All funds received by the Secretary in connection with purchases made pursuant this section, including interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be deposited into the Fund and used to provide financial and technical assistance pursuant to section 108, except that subsection (e) of that section shall be waived.

“(m) Direct Appropriation.—There is appropriated, out of amounts in the Treasury not otherwise appropriated, for fiscal year 2021, $9,000,000,000, to remain available until expended and to be deposited in the Emergency Capital Investment Fund, to carry out this section.

“(n) Administrative Expenses.—Funds appropriated pursuant to subsection (m) may be used for administrative expenses, including the costs of modifying such investments, and reasonable costs of administering the Program of making, holding, managing, and selling the capital investments.

“(o) Administrative Provisions.—The Secretary may take such actions as the Secretary determines necessary to carry out the authorities in this section, including the following:

“(1) The Secretary may use the services of any agency or instrumentality of the United States or component thereof on a reimbursable basis, and any such agency or instrumentality or component thereof is authorized to provide services as requested by the Secretary using all authorities vested in or delegated to that agency, instrumentality, or component.

“(2) The Secretary may enter into contracts, including contracts for services authorized by section 3109 of title 5, United States Code.

“(3) The Secretary may designate any bank, savings association, trust company, security broker or dealer, asset manager, or investment adviser as a financial agent of the Federal Government and such institution shall perform all such reasonable duties related to this section as financial agent of the Federal Government as may be required. The Secretary shall have authority to amend existing agreements with financial agents to perform reasonable duties related to this section.

“(4) The Secretary may exercise any rights received in connection with any preferred stock or other financial instruments or assets purchased or acquired pursuant to the authorities granted under this section.

“(5) The Secretary may manage any assets purchased under this section, including revenues and portfolio risks therefrom.

“(6) The Secretary may sell, dispose of, transfer, exchange or enter into securities loans, repurchase transactions, or other financial transactions in regard to, any preferred stock or other financial instrument or asset purchased or acquired under this section, upon terms and conditions and at a price determined by the Secretary.

“(7) The Secretary may manage or prohibit conflicts of interest that may arise in connection with the administration and execution of the authorities provided under this section.

“(8) The Secretary may establish and use vehicles to purchase, hold, and sell preferred stock or other financial instruments and issue obligations.

“(9) The Secretary may issue such regulations and other guidance as may be necessary or appropriate to define terms or carry out the authorities or purposes of this section.

“(10) The Secretary is authorized to use direct hiring authority to hire employees to administer this section.”

(b)

Technical and Conforming Amendment.— The table of contents in section 1(b) of the Riegle Community Development and Regulatory Improvement Act of 1994 is amended by inserting after the item relating to section 104 the following:

“104A. Capital investments for neighborhoods disproportionately impacted by the COVID–19 pandemic.”.

SEC. 523. Emergency Support for Cdfis and Communities Responding to the Covid–19 Pandemic.

(a)

Direct Appropriation.— There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year 2021, $3,000,000,000 under the heading “^{department of treasury—community development financial institutions fund program account, emergency support}” to carry out this section, of which—

(1)

up to $1,250,000,000, shall remain available until September 30, 2021, to support, prepare for, and respond to the economic impact of the coronavirus, provided that the Fund shall—

(A)

provide grants funded under this paragraph using a formula that takes into account criteria such as certification status, financial and compliance performance, portfolio and balance sheet strength, a diversity of CDFI business model types, and program capacity, of which not less than $25,000,000 may be for grants to benefit Native American, Native Hawaiian, and Alaska Native communities; and

(B)

make funds available under this paragraph not later than 60 days after the date of enactment of this Act; and

(2)

up to $1,750,000,000, shall remain available until expended, to provide grants to CDFIs to respond to the economic impact of the COVID–19 pandemic—

(A)

to expand lending, grant making, or investment activity in low- or moderate-income minority communities and to minorities that have significant unmet capital or financial services needs;

(B)

using criteria such as certification status, financial and compliance performance, portfolio and balance sheet strength, a diversity of CDFI business model types, status as a minority lending institution, and program capacity, as well as experience making loans and investments to those areas and populations identified in this paragraph; and

(C)

of which up to $1,200,000,000, shall be for providing financial assistance, technical assistance, awards, training and outreach programs to recipients that are minority lending institutions.

(b)

Administrative Expenses.— Funds appropriated pursuant to subsection (a) may be used for administrative expenses, including administration of Fund programs and the New Markets Tax Credit Program under section 45D of the Internal Revenue Code of 1986.

(c)

Definitions.— In this section:

(1)

CDFI.— The term “CDFI” means a community development financial institution, as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702).

(2)

Fund.— The term “Fund” means the Community Development Financial Institutions Fund established under section 104(a) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(a)).

(3)

Minority.— The term “minority” means any Black American, Hispanic American, Asian American, Native American, Native Alaskan, Native Hawaiian, or Pacific Islander.

(4)

Minority lending institution.— The term “minority lending institution” means a CDFI—

(A)

with respect to which a majority of both the number dollar volume of arm’s-length, on-balance sheet financial products of the CDFI are directed at minorities or majority minority census tracts or equivalents; and

(B)

that—

(i)

is a minority depository institution, as defined in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note), or otherwise considered to be a minority depository institution by the appropriate Federal banking agency, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813), or by the National Credit Union Administration, as applicable; or

(ii)

meets standards for accountability to minority populations as determined by the Administrator.

(d)

Collection of Data.— With respect to a CDFI that receives funds under this section, notwithstanding the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)—

(1)

the CDFI may collect data described in section 701(a)(1) of that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants for credit for the sole purpose and exclusive use to ensure that targeted populations and low-income residents of investment areas are adequately served; and

(2)

the CDFI that collects the data described in paragraph (1) shall not be subject to adverse action related to that collection by the Bureau of Consumer Financial Protection or any other Federal agency.

SEC. 524. Inspector General Oversight.

(a)

In General.— The Inspector General of the Department of the Treasury shall conduct, supervise, and coordinate audits and investigations of any program established under this subtitle or the amendments made by this subtitle.

(b)

Reporting.— The Inspector General of the Department of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Secretary of the Treasury not less frequently than 2 times per year a report relating to the oversight provided by the Office of the Inspector General, including any recommendations for improvements to the programs described in subsection (a).

SEC. 525. Study and Report with Respect to Impact of Programs on Low and Moderate-Income and Minority Communities.

(a)

Study.— The Secretary of the Treasury shall conduct a study of the impact of the programs established under this subtitle or any amendment made by this subtitle on low- and moderate-income and minority communities.

(b)

Report.— Not later than 18 months after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the results of the study conducted pursuant to subsection (a), which shall include, to the extent possible, the results of the study disaggregated by ethnic group.

(c)

Information Provided to the Secretary.— Eligible institutions that participate in any of the programs described in subsection (a) shall provide the Secretary of the Treasury with such information as the Secretary may require to carry out the study required by this section.

Subtitle C Miscellaneous

SEC. 540. Extensions of Temporary Relief and Emergency Authorities.

(a)

In General.— Title IV of the CARES Act (15 U.S.C. 9041 et seq.) is amended—

(1)

in section 4014(b) (15 U.S.C. 9052(b))—

(A)

in paragraph (1), by inserting “ the first day of the fiscal year of the insured depository institution, bank holding company, or any affiliate thereof that begins after” before “ the date”; and

(B)

in paragraph (2), by striking “ December 31, 2020” and inserting “ January 1, 2022”; and

(2)

in section 4016(b)(2), by striking “ 2020” and inserting “ 2021”.

(b)

Temporary Credit Union Provisions.— Section 307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended by striking “ December 31, 2020” and inserting “ December 31, 2021”.

SEC. 541. Extension of Temporary Relief from Troubled Debt Restructurings and Insurer Clarification.

Section 4013 of the CARES Act (15 U.S.C. 9051) is amended—

(1)

by inserting “ , including an insurance company,” after “ institution” each place the term appears;

(2)

in subsection (a)(1), by striking “ December 31, 2020” and inserting “ January 1, 2022”;

(3)

in subsection (b)(1)(B), by inserting “ under United States Generally Accepted Accounting Principles” after “ purposes”; and

(4)

in subsection (d)(1), by inserting “ , including insurance companies,” after “ institutions”.

SEC. 542. Healthcare Operating Loss Loans.

(a)

Definitions.— In this section:

(1)

Operating loss.— The term “operating loss” has the meaning given the term in section 223(d) of the National Housing Act (12 U.S.C. 1715n(d)).

(2)

Secretary.— The term “Secretary” means the Secretary of Housing and Urban Development.

(b)

Authorization to Provide Mortgage Insurance.— Notwithstanding any other provision of law, for fiscal years 2020 and 2021, in addition to the authority provided to insure operating loss loans under section 223(d) of the National Housing Act (12 U.S.C. 1715n(d)), the Secretary may insure or enter into commitments to ensure mortgages under such section 223(d) with respect to healthcare facilities—

(1)

insured under section 232 or section 242 of the National Housing Act (12 U.S.C. 1715w, 1715z–7);

(2)

that were financially sound immediately prior to the President’s March 13, 2020 Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak;

(3)

that have exhausted all other forms of assistance; and

(4)

subject to—

(A)

the limitation for new commitments to guarantee loans insured under the General and Special Risk Insurance Funds under the heading “General and Special Risk Program Account” for fiscal years 2020 and 2021; and

(B)

the underwriting parameters and other terms and conditions that the Secretary determines appropriate through guidance.

(c)

Amount of Loan.— After all other realized or reasonably anticipated assistance (including reimbursements, loans, or other payments from other Federal sources) are taken into account, a loan insured under subsection (b) shall be in an amount not exceeding the lesser of—

(1)

the temporary losses or additional expenses incurred or expected to be incurred by the healthcare facility as a result of the impact of the circumstances giving rise to the President’s March 13, 2020 Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak; or

(2)

the amount expected to be needed to cover the sum of—

(A)

1 year of principal and interest payments for the existing loans of the healthcare facility insured by the Secretary;

(B)

1 year of principal and interest payments for the loan pursuant to this section;

(C)

1 year of mortgage insurance premiums for the loans described in subparagraphs (A) and (B);

(D)

1 year of monthly deposits to reserve accounts required by the Secretary for the loans described in subparagraphs (A) and (B);

(E)

1 year of property taxes and insurance for the healthcare facility; and

(F)

transaction costs, including legal fees, for the loans described in subparagraphs (A) and (B).

TITLE VI Labor Provisions

SEC. 601. Job Corps Flexibilities.

(a)

Enrollment.— During the period beginning on the date of enactment of this Act and ending when all qualifying emergencies have expired, notwithstanding any other provision of law, the requirements described in sections 145(a)(2)(A) and 152(b)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3195(a)(2)(A), 3202(b)(2)(B)) shall be applicable only for enrollees in the Job Corps—

(1)

participating on-site at a Job Corps center; or

(2)

returning to on-site participation at a Job Corps center after participating in distance learning.

(b)

Eligibility.— During a qualifying emergency or the 1-year period immediately following the expiration of the qualifying emergency, an individual who would be older than the age of 24 on the date the individual enrolls in the Job Corps is eligible to enroll in the Job Corps, notwithstanding section 144(a)(1)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3194(a)(1)(A)), as long as—

(1)

the individual applies for enrollment by the date that is 6 months after the date of enactment of this Act, and is not older than age 24 on the date of application; and

(2)

the individual attains the age of 25 during the qualifying emergency or the 1-year period immediately following the expiration of the qualifying emergency.

(c)

Qualifying Emergency Defined.— In this section, the term “qualifying emergency” has the meaning given the term in section 3502(a)(4) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136).

TITLE VII Nutrition and Agriculture Relief

Subtitle A Nutrition

CHAPTER 1 Supplemental Nutrition Assistance Program

SEC. 701. Definitions.

In this chapter—

(1)

Covid-19 public health emergency.— The term “COVID-19 public health emergency” means a public health emergency declared or renewed by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) based on an outbreak of coronavirus disease 2019 (COVID-19).

(2)

Secretary.— The term “Secretary” means the Secretary of Agriculture.

(3)

Supplemental nutrition assistance program.— The term “supplemental nutrition assistance program” has the meaning given such term in section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)).

(4)

SNAP.— The term “SNAP” refers to the supplemental nutrition assistance program.

SEC. 702. Supplemental Nutrition Assistance Program.

(a)

Value of Benefits.— Notwithstanding any other provision of law, beginning on January 1, 2021, and for each subsequent month through June 30, 2021, the value of benefits determined under section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 15 2017(a)) shall be calculated using 115 percent of the June 2020 value of the thrifty food plan (as defined in section 3 of such Act (7 U.S.C. 2012)) if the value of the benefits would be greater under that calculation than in the absence of this subsection.

(b)

Requirements for the Secretary.— In carrying out this section, the Secretary shall—

(1)

consider the benefit increases described in subsection (a) to be a “mass change”;

(2)

require a simple process for States to notify households of the increase in benefits;

(3)

consider section 16(c)(3)(A) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in the implementation of this section without regard to the 120-day limit described in that section; and

(4)

disregard the additional amount of benefits that a household receives as a result of this section in determining the amount of overissuances under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022).

(c)

Administrative Expenses.—

(1)

In general.— For the costs of State administrative expenses associated with carrying out this section and administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) during the COVID-19 public health emergency, the Secretary shall make available $100,000,000 for fiscal year 2021.

(2)

Timing.— Not later than 60 days after the date of the enactment of this Act, the Secretary shall make available to States amounts for fiscal year 2021 under paragraph (1).

(3)

Allocation of funds.— Funds described in paragraph (1) shall be made available as grants to State agencies for fiscal year 2021 as follows:

(A)

75 percent of the amounts available for fiscal year 2021 shall be allocated to States based on the share of each State of households that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture for the most recent 12-month period for which data are available, adjusted by the Secretary (as of the date of the enactment of this Act) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); and

(B)

25 percent of the amounts available for fiscal year 2021 shall be allocated to States based on the increase in the number of households that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture over the most recent 12-month period for which data are available, adjusted by the Secretary (as of the date of the enactment of this Act) for participation in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)).

(d)

Certain Exclusions From Snap Income.— A Federal pandemic unemployment compensation payment made to an individual under section 2104 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for the purpose of determining eligibility of such individual or any other individual for benefits or assistance, or the amount of benefits or assistance, under any programs authorized under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).

(e)

Provisions for Impacted Students.—

(1)

In general.— Notwithstanding any other provision of law, not later than 20 days after the date of the enactment of this Act, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) for an individual who—

(A)

is enrolled at least half-time in an institution of higher education; and

(B)

(i)

is eligible to participate in a State or federally financed work study program during the regular school year as determined by the institution of higher education; or

(ii)

in the current academic year, has an expected family contribution of $0 as determined in accordance with part F of title IV of the Higher Education Act of 195 (20 U.S.C. 1087kk et. seq.).

(2)

Sunset.—

(A)

Initial applications.— The eligibility standards authorized under paragraph (1) shall be in effect for initial applications for the supplemental nutrition assistance program until 30 days after the COVID–19 public health emergency is lifted.

(B)

Recertifications.— The eligibility standards authorized under paragraph (1) shall be in effect until the first recertification of a household beginning no earlier than 30 days after the COVID–19 public health emergency is lifted.

(3)

Guidance.—

(A)

In general.— Not later than 10 days after the date of enactment of this Act, the Secretary shall issue guidance to State agencies on the temporary student eligibility requirements established under this subsection.

(B)

Coordination with the department of education.— The Secretary of Education, in consultation with the Secretary of Agriculture and institutions of higher education, shall carry out activities to inform applicants for Federal student financial aid under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) and students at institutions of higher education of the temporary student eligibility requirements established under this subsection.

(f)

Report.— Not later than July 31, 2021, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that accounts for both the redemption rate and account balances for each month during the period specified in subsection (a).

(g)

Limitation on Quality Control Waivers.— Section 4603(a)(2) of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116-159) is amended by striking “ September 30, 2021” and inserting “ June 30, 2021”.

(h)

Funding.— There are hereby appropriated to the Secretary, out of any money not otherwise appropriated, such sums as may be necessary to carry out this section.

SEC. 703. Additional Assistance for Snap Online Purchasing and Technology Improvements.

(a)

Resources for SNAP Online Purchasing.— Not later than 60 days after the date of enactment of this Act, the Secretary shall provide—

(1)

additional support for the Food and Nutrition Service to conduct end-to-end testing in the online production environment; and

(2)

technical assistance to educate retailers on the process and technical requirements for the online acceptance of SNAP benefits and to support and expedite SNAP online purchasing.

(b)

Snap Online Purchasing Assistance for Direct-marketing Farmers and Farmers’ Markets.— The Secretary, on a competitive basis, shall enter into cooperative agreements with, or provide grants to, not more than 5 eligible entities to build out functionality, and provide assistance to direct-marketing farmers and farmers’ markets to accept SNAP benefits through online transactions.

(1)

Selection priority.— The Secretary shall prioritize eligible entities with experience building online purchasing platforms for technology solutions for farmers’ markets and direct-marketing farmers.

(2)

Definition of eligible entity.— In this subsection, the term “eligible entity” means a nonprofit entity with experience building online purchasing platforms or technology solutions, or with experience working with commercial entities that have experience building online purchasing platforms or technology solutions.

(c)

Issuance Innovation and Technology Improvement Support.— The Secretary shall—

(1)

review technological developments, including developments related to security and privacy, surrounding mobile payment technology, to support the mobile technologies demonstration projects and the use of mobile technologies authorized under section 7(k)(14) of the Food and Nutrition Act of 2008; and

(2)

test methods to modernize electronic benefit transfer technology for the purpose of improving the security and integrity of the electronic benefits transfer system.

(d)

Report.— Not later than January 31, 2022, and annually thereafter until all funds provided under subsection (e) have been expended, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes—

(1)

a description of the activities conducted under subsections (a), (b), and (c);

(2)

a description of any grants, cooperative agreements, or contracts awarded under this section;

(3)

an analysis of the technological developments surrounding mobile payment technology; and

(4)

a summary of EBT modernization testing results under subsection (c)(2).

(e)

Funding.—

(1)

Appropriations.— There is hereby appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated, $5,000,000 to be available until expended to carry out this section.

(2)

Use of funds.— With respect to the funds appropriated under paragraph (1), the Secretary shall use—

(A)

not more than $1,000,000 for purposes described in subsection (a); and

(B)

not more than $1,000,000 for purposes described in subsection (b).

SEC. 704. Nutrition Assistance Programs.

In addition to amounts otherwise made available, $614,000,000, to remain available through September 30, 2021, shall be available for the Secretary of Agriculture to provide grants to the Commonwealth of the Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance in response to a COVID-19 public health emergency, of which $14,000,000 shall be available for the Commonwealth of the Northern Mariana Islands.

CHAPTER 2 Commodity Distribution Programs

SEC. 711. Emergency Food Assistance Program.

For an additional amount for the “Commodity Assistance Program” for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)), $400,000,000, to remain available through September 30, 2021: Provided, That of the funds made available in this section, the Secretary may use up to 20 percent for costs associated with the distribution of commodities.

SEC. 712. Commodity Supplemental Assistance Program.

In addition to amounts otherwise made available, $13,000,000, to remain available through September 30, 2021, shall be available for the Secretary of Agriculture for the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note): Provided, That of the funds made available in this section, up to 20 percent shall be available for State administrative expenses.

CHAPTER 3 Child Nutrition

SEC. 721. Assistance for Children in Child Care.

Section 1101 of the Families First Coronavirus Response Act (Public Law 116-127; 7 U.S.C. 2011 note) is amended—

(1)

in subsection (f), by amending paragraph (2) to read as follows:

“(2) Simplifying assumptions for school year 2020-2021.—For purposes of this section, a State agency may develop and use simplifying assumptions (including a State or local public health ordinance developed in response to COVID–19) and the best feasibly available data to determine the status of a school or covered child care facility as opened, closed, or operating with a reduced number of days or hours, establish State or regionally-based benefits levels, identify eligible children and children eligible for assistance under subsection (h), and establish eligibility periods for eligible children and children eligible for assistance under subsection (h).”

; and

(2)

in subsection (h)—

(A)

in paragraph (1), by inserting “ or the area of a child’s residence” after “ schools in the area of a covered child care facility”;

(B)

in paragraph (2), by inserting “ or for each day that a school in the area of a covered child care facility or the area of the child’s residence is closed or has reduced attendance or hours for at least 5 consecutive days” before the period at the end; and

(C)

by adding at the end the following:

“(4) Deemed population.—For purposes of an approved State agency plan described in paragraph (1) or an approved amendment to such a plan described in such paragraph, the Secretary of Agriculture shall deem any child who has not attained the age of 6 as a child who is enrolled in a covered child care facility.”

; and

(3)

in subsection (j), by inserting “ for State agencies, other agencies of the State, local units, and schools” after “ administrative expenses”.

SEC. 722. Emergency Costs for Child Nutrition Programs During Covid–19 Pandemic.

(a)

Use of Certain Appropriations to Cover Emergency Operational Costs Under School Meal Programs.—

(1)

In general.—

(A)

Required allotments.— Notwithstanding any other provision of law, the Secretary shall allocate to each State that participates in the reimbursement program under paragraph (3) such amounts as may be necessary to carry out reimbursements under such paragraph for each reimbursement month, including, subject to paragraph (5)(B), administrative expenses necessary to make such reimbursements.

(B)

Guidance with respect to program.— Not later than 30 days after the date of the enactment of this section, the Secretary shall issue guidance with respect to the reimbursement program under paragraph (3).

(2)

Reimbursement program application.— To participate in the reimbursement program under paragraph (3), not later than 30 days after the date described in paragraph (1)(B), a State shall submit an application to the Secretary that includes a plan to calculate and disburse reimbursements under the reimbursement program under paragraph (3).

(3)

Reimbursement program.— Subject to paragraphs (4) and (5)(D), using the amounts allocated under paragraph (1)(A), a State participating in the reimbursement program under this paragraph shall make reimbursements for emergency operational costs for each reimbursement month as follows:

(A)

For each new school food authority in the State for the reimbursement month, an amount equal to 55 percent of the amount equal to—

(i)

the average monthly amount such new school food authority was reimbursed under the reimbursement sections for meals and supplements served by such new school food authority during the alternate period; minus

(ii)

the amount such new school food authority was reimbursed under the reimbursement sections for meals and supplements served by such new school food authority during such reimbursement month.

(B)

For each school food authority not described in subparagraph (A) in the State for the reimbursement month, an amount equal to 55 percent of—

(i)

the amount such school food authority was reimbursed under the reimbursement sections for meals and supplements served by such school food authority for the month beginning one year before such reimbursement month; minus

(ii)

the amount such school food authority was reimbursed under the reimbursement sections for meals and supplements served by such school food authority during such reimbursement month.

(4)

Special rules relating to reimbursement calculation.—

(A)

Effect of negative number.— If a subtraction performed under subparagraph (A) or (B) of paragraph (3) results in a negative number, the reimbursement amount calculated under such subparagraph shall equal zero.

(B)

Special treatment of march, 2020.— In the case of a reimbursement under subparagraph (A) or (B) of paragraph (3) for the reimbursement month of March, 2020, the reimbursement amount shall be equal to the amount determined under such a subparagraph for such month, divided by 2.

(5)

Treatment of funds.—

(A)

Availability.— Funds allocated to a State under paragraph (1)(A) shall remain available until September 30, 2021.

(B)

Administrative expenses.— A State may reserve not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this subsection.

(C)

Unexpended balance.— On March 31, 2022, any amounts allocated to a State under paragraph (1)(A) or reimbursed to a school food authority or new school food authority under paragraph (3) that are unexpended by such State, school food authority, or new school food authority shall revert to the Secretary.

(D)

Limitation on use of funds.— Funds allocated to a State under paragraph (1)(A) may only be made available to a school food authority or new school food authority that—

(i)

submits a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the period beginning September 1, 2020 and ending December 31, 2020; or

(ii)

provides an assurance to such State that the school food authority or new school food authority will submit a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the first full semester (or equivalent term) after the conclusion of the public health emergency, as determined by such State.

(6)

Reports.— Each State that carries out a reimbursement program under paragraph (3) shall, not later than March 31, 2022, submit a report to the Secretary that includes a summary of the use of such funds by the State and each school food authority and new school food authority in such State.

(b)

Use of Certain Appropriations to Cover Child and Adult Care Food Program Child Care Operational Emergency Costs During COVID–19 Pandemic.—

(1)

In general.—

(A)

Required allotments.— Notwithstanding any other provision of law, the Secretary shall allocate to each State that participates in the reimbursement program under paragraph (3) such amounts as may be necessary to carry out reimbursements under such paragraph for each reimbursement month, including, subject to paragraph (5)(C), administrative expenses necessary to make such reimbursements.

(B)

(2)

(3)

Reimbursement amount.— Subject to paragraphs (4) and (5)(E), using the amounts allocated under paragraph (1)(A), a State participating in the reimbursement program under this paragraph shall make reimbursements for child care operational emergency costs for each reimbursement month as follows:

(A)

For each new covered institution in the State for the reimbursement month, an amount equal to 55 percent of—

(i)

the average monthly amount such new covered institution was reimbursed under subsection (c) and subsection (f) of section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) for meals and supplements served by such new covered institution during the alternate period; minus

(ii)

the amount such new covered institution was reimbursed under such section for meals and supplements served by such new covered institution during such reimbursement month.

(B)

For each covered institution not described in subparagraph (A) in the State for the reimbursement month, an amount equal to 55 percent of—

(i)

the amount such covered institution was reimbursed under subsection (c) and subsection (f) of section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) for meals and supplements served by such covered institution during the month beginning one year before such reimbursement month; minus

(ii)

the amount such covered institution was reimbursed under such section for meals and supplements served by such covered institution during such reimbursement month.

(C)

For each new sponsoring organization of a family or group day care home in the State for the reimbursement month, an amount equal to 55 percent of—

(i)

the average monthly amount such new sponsoring organization of a family or group day care home was reimbursed under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for administrative funds for the alternate period; minus

(ii)

the amount such new sponsoring organization of a family or group day care home was reimbursed under such section for administrative funds for the reimbursement month.

(D)

For each sponsoring organization of a family or group day care home not described in subparagraph (C) in the State for the reimbursement month, an amount equal to 55 percent of—

(i)

the amount such sponsoring organization of a family or group day care home was reimbursed under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for administrative funds for the month beginning one year before such reimbursement month; minus

(ii)

the amount such sponsoring organization of a family or group day care home was reimbursed under such section for administrative funds for such reimbursement month.

(4)

Special rules relating to reimbursement calculation.—

(A)

Effect of negative number.— If a subtraction performed under subparagraph (A), (B), (C), or (D) of paragraph (3) results in a negative number, the reimbursement amount calculated under such subparagraph shall equal zero.

(B)

Special treatment of march, 2020.— In the case of a reimbursement under subparagraph (A), (B), (C), or (D) of paragraph (3) for the reimbursement month of March, 2020, the reimbursement amount shall be equal to the amount determined under such a subparagraph for such month, divided by 2.

(5)

Treatment of funds.—

(A)

Availability.— Funds allocated to a State under paragraph (1)(A) shall remain available until September 30, 2021.

(B)

Unaffiliated center.— In the case of a covered institution or a new covered institution that is an unaffiliated center that is sponsored by a sponsoring organization and receives funds for a reimbursement month under subparagraph (A) or (B) of paragraph (3), such unaffiliated center shall provide to such sponsoring organization an amount of such funds as agreed to by the sponsoring organization and the unaffiliated center, except such amount may not be greater be than 15 percent of such funds.

(C)

Administrative expenses.— A State may reserve not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this subsection.

(D)

Unexpended balance.— On March 31, 2022, any amounts allocated to a State under paragraph (1)(A) or reimbursed to a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home that are unexpended by such State, new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home, shall revert to the Secretary.

(E)

Limitation on use of funds.— Funds allocated to a State under paragraph (1)(A) may only be made available to a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home that—

(i)

submits a claim to such State for meals, supplements, or administrative costs with respect to a month occurring during the period beginning September 1, 2020 and ending December 31, 2020; or

(ii)

provides an assurance to such State that the new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home will submit a claim to such State for meals, supplements, or administrative costs with respect to a month occurring within 90 days after the conclusion of the public health emergency.

(6)

Reports.— Each State that carries out a reimbursement program under paragraph (3) shall, not later than March 31, 2022, submit a report to the Secretary that includes a summary of the use of such funds by the State and each new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home.

(c)

Funding.— There are appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section.

(d)

Definitions.— In this section:

(1)

Alternate period.— The term “alternate period” means the period beginning January 1, 2020 and ending February 29, 2020.

(2)

Emergency operational costs.— The term “emergency operational costs” means the costs incurred by a school food authority or new school food authority—

(A)

during a public health emergency;

(B)

that are related to the ongoing operation, modified operation, or temporary suspension of operation (including administrative costs) of such school food authority or new school food authority; and

(C)

except as provided under subsection (a), that are not reimbursed under a Federal grant.

(3)

Child care operational emergency costs.— The term “child care operational emergency costs” means the costs under the child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) incurred by a new covered institution, covered institution, new sponsoring organization of a family or group day care home, or sponsoring organization of a family or group day care home—

(A)

during a public health emergency;

(B)

that are related to the ongoing operation, modified operation, or temporary suspension of operation (including administrative costs) of such new covered institution, covered institution, new sponsoring organization of a family or group day care home, sponsoring organization of a family or group day care home, or sponsoring organization of an unaffiliated center; and

(C)

except as provided under subsection (b), that are not reimbursed under a Federal grant.

(4)

Covered institution.— The term “covered institution” means—

(A)

an institution (as defined in section 17(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2))); and

(B)

a family or group day care home.

(5)

New covered institution.— The term “new covered institution” means a covered institution for which no reimbursements were made for meals and supplements under section 17(c) or (f) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) with respect to the previous reimbursement period.

(6)

New school food authority.— The term “new school food authority” means a school food authority for which no reimbursements were made under the reimbursement sections with respect to the previous reimbursement period.

(7)

New sponsoring organization of a family or group day care.— The term “new sponsoring organization of a family or group day care” means a sponsoring organization of a family or group day care home for which no reimbursements for administrative funds were made under section 17(f)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for the previous reimbursement period.

(8)

Previous reimbursement period.— The term “previous reimbursement period” means the period beginning March 1, 2019 and ending June 30, 2019.

(9)

Public health emergency.— The term “public health emergency” means a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic or any renewal of such declaration pursuant to such section 319.

(10)

Reimbursement month.— The term “reimbursement month” means March 2020, April 2020, May 2020, and June 2020.

(11)

Reimbursement sections.— The term “reimbursement sections” means—

(A)

section 4(b), section 11(a)(2), section 13, and section 17A(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C. 1761; 42 U.S.C. 1766a(c)); and

(B)

section 4 of the Child Nutrition Act (42 U.S.C. 1773).

(12)

Secretary.— The term “Secretary” means the Secretary of Agriculture.

(13)

State.— The term “State” has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(8)).

SEC. 723. Task Force on Supplemental Foods Delivery in the Special Supplemental Nutrition Program.

(a)

Establishment of Task Force.— Not later than 90 days after the date of the enactment of this section, the Secretary shall establish a task force on supplemental foods delivery in the special supplemental nutrition program (in this section referred to as the “Task Force”).

(b)

Membership.—

(1)

Composition.— The Task Force shall be composed of at least 1 member but not more than 3 members appointed by the Secretary from each of the following:

(A)

Retailers of supplemental foods.

(B)

Representatives of State agencies.

(C)

Representatives of Indian State agencies.

(D)

Representatives of local agencies.

(E)

Technology companies with experience maintaining the special supplemental nutrition program information systems and technology, including management information systems or electronic benefit transfer services.

(F)

Manufacturers of supplemental foods, including infant formula.

(G)

Participants in the special supplemental nutrition program from diverse locations.

(H)

Other organizations that have experience with and knowledge of the special supplemental nutrition program.

(2)

Limitation on membership.— The Task Force shall be composed of not more than 20 members.

(c)

Duties.—

(1)

Study.— The Task Force shall study measures to streamline the redemption of supplemental foods benefits that promote convenience, safety, and equitable access to supplemental foods, including infant formula, for participants in the special supplemental nutrition program, including—

(A)

online and telephonic ordering and curbside pickup of, and payment for, supplemental foods;

(B)

online and telephonic purchasing of supplemental foods;

(C)

home delivery of supplemental foods;

(D)

self checkout for purchases of supplemental foods; and

(E)

other measures that limit or eliminate consumer presence in a physical store.

(2)

Report by task force.— Not later than September 30, 2021, the Task Force shall submit to the Secretary a report that includes—

(A)

the results of the study required under paragraph (1); and

(B)

recommendations with respect to such results.

(3)

Report by secretary.— Not later than 45 days after receiving the report required under paragraph (2), the Secretary shall—

(A)

submit to Congress a report that includes—

(i)

a plan with respect to carrying out the recommendations received by the Secretary in such report under paragraph (2); and

(ii)

an assessment of whether legislative changes are necessary to carry out such plan; and

(B)

notify the Task Force of the submission of the report required under subparagraph (A).

(4)

Publication.— The Secretary shall make publicly available on the website of the Department of Agriculture—

(A)

the report received by the Secretary under paragraph (2); and

(B)

the report submitted by the Secretary under paragraph (3)(A).

(d)

Termination.— The Task Force shall terminate on the date the Secretary submits the report required under paragraph (3)(A).

(e)

Nonapplicability of FACA.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.

(f)

Definitions.— In this section:

(1)

Local agency.— The term “local agency” has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).

(2)

Secretary.— The term “Secretary” means the Secretary of Agriculture.

(3)

Special supplemental nutrition program.— The term “special supplemental nutrition program” means the special supplemental nutrition program under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).

(4)

State agency.— The term “State agency” has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).

(5)

Supplemental foods.— The term “supplemental foods” has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).

CHAPTER 4 Other Matters

SEC. 731. Aging and Disability Services Programs.

For an additional amount for nutrition services under the Older Americans Act of 1965, $175,000,000: Provided, That of the amount made available under this heading in this Act, $168,000,000 shall be for subparts 1 and 2 of part C of title III of such Act and $7,000,000 shall be for nutrition services under title VI of such Act: Provided further, That State matching requirements under sections 304(d)(1)(D) and 309(b)(2) of such Act shall not apply to funds made available under this heading.

SEC. 732. Nutrition Services under Older Americans Act.

(a)

Nutrition Services Transfer Criteria.— With respect 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)) received by a State for fiscal year 2021, 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, notwithstanding the limitation on transfer authority provided in subparagraph (A) of section 308(b)(4) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)(4)) and without regard to subparagraph (B) of such section, 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 such Act, 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.

(b)

Home-delivered Nutrition Services Waiver.— For purposes of determining eligibility for the delivery of nutrition services under section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), with funds received by a State under the Older Americans Act of 1965 (42 U.S.C. 2001 et seq.) for fiscal 2021, the State shall treat an older individual who is unable to obtain nutrition because the individual is practicing social distancing due to the public health emergency in the same manner as the State treats an older individual who is homebound by reason of illness.

(c)

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.), with funds received by a State for fiscal year 2021, the Assistant Secretary for Aging may waive, but continue to make every effort practicable to encourage the restoration of, the applicable requirements for meals provided under such subparts 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)).

Subtitle B Agriculture

CHAPTER 1 Agricultural Programs

SEC. 751. Office of the Secretary.

There is appropriated, out of any funds in the Treasury not otherwise appropriated, for an additional amount for the “Office of the Secretary”, $11,187,500,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus by providing support for agricultural producers, growers, and processors impacted by coronavirus, including producers and growers of specialty crops, non-specialty crops, dairy, livestock, and poultry, producers that supply local food systems, including farmers markets, restaurants, and schools, and growers who produce livestock or poultry under a contract for another entity: Provided, That from the amounts provided in this section, the Secretary of Agriculture shall make supplemental payments to producers of price trigger crops for the 2020 crop year under section 9.202 of title 7, Code of Federal Regulations, on eligible acres of the crop, in an amount equal to $20 per eligible acre: Provided further, That from the amounts provided in this section, the Secretary of Agriculture shall make supplemental payments to producers of flat-rate crops for the 2020 crop year under section 9.202 of title 7, Code of Federal Regulations, on eligible acres of the crop, in an amount equal to $20 per eligible acre: Provided further, That for the purposes of determining the amount of eligible sales under section 9.202(i) of title 7, Code of Federal Regulations, the Secretary of Agriculture shall also include indemnities received under crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) and payments made or calculated under the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) and the wildfire and hurricane indemnity plus program under subpart O of part 760 of title 7, Code of Federal Regulations: Provided further, That for the purposes of determining the amount of eligible sales under section 9.202(i) of title 7, Code of Federal Regulations, the Secretary of Agriculture may allow producers to substitute 2018 sales for such commodities for 2019 sales: Provided further, That from the amounts provided in this section, the Secretary of Agriculture shall make payments to producers of livestock or poultry (not including any packer (as defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)) or live poultry dealer (as defined in section 2(a) of that Act (7 U.S.C. 182(a)))) for losses of livestock or poultry depopulated before the date of enactment of this Act due to insufficient processing access, based on 80 percent of the fair market value of any livestock or poultry so depopulated, and for the cost of such depopulation (other than costs for which the producer has been compensated under the environmental quality incentives program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.)): Provided further, That in determining the cost of depopulation under the preceding proviso, the Secretary of Agriculture may take into consideration whether a producer has been compensated for the costs of such depopulation by any State program: Provided further, That from the amounts provided in this section, the Secretary of Agriculture shall make payments to producers of cattle described in paragraphs (2), (3), and (4) of section 9.102(i) of title 7, Code of Federal Regulations, in an amount equal to the product obtained by multiplying the number of such cattle in inventory during the time period specified in paragraph (c)(2) of that section by 50 percent of the payment rate calculated by subtracting the applicable CCC payment rate specified in paragraph (h) of that section and the applicable payment rate specified in section 9.202(c) of that title from the applicable CARES Act payment rate specified in section 9.102(h) of that title: Provided further, That from the amounts provided in this section, the Secretary of Agriculture shall make payments to producers of cattle described in paragraphs (1) and (5) of section 9.102(i) of title 7, Code of Federal Regulations, in an amount equal to the product obtained by multiplying the number of such cattle in inventory during the time period specified in paragraph (c)(2) of that section by 25 percent of the payment rate calculated by subtracting the applicable CCC payment rate specified in paragraph (h) of that section and the applicable payment rate specified in section 9.202(c) of that title (if applicable) from the applicable CARES Act payment rate specified in section 9.102(h) of that title: Provided further, That from the amounts provided in this section, the Secretary of Agriculture shall use not more than $1,000,000,000 to make payments to contract growers of livestock and poultry to cover not more than 80 percent of revenue losses, as determined by the Secretary of Agriculture, for the period beginning on January 1, 2020, and ending on the date of enactment of this Act: Provided further, That from the amounts provided in this section, the Secretary of Agriculture shall use not less than $20,000,000 to improve and maintain animal disease prevention and response capacity: Provided further, That from the amounts provided in this section, the Secretary of Agriculture shall make payments to domestic users of upland cotton and extra-long staple cotton for the period beginning on March 1, 2020, and ending on December 31, 2020, in an amount equal to the product obtained by multiplying 10 by the product obtained by multiplying 6 cents per pound by the average monthly consumption of the domestic user for the period beginning on January 1, 2017, and ending on December 31, 2019: Provided further, That notwithstanding paragraph (e) of section 9.7 of title 7, Code of Federal Regulations (or any successor regulation), and subject to the availability of funds, taking into account the requirements of the other provisos in this section, for purposes of providing assistance under subparts B and C of part 9 of that title, the Secretary of Agriculture shall make additional payments to ensure that such assistance more closely aligns with the calculated gross payment or revenue losses of any person or entity, except that such assistance shall not exceed the calculated gross payment or 80 percent of the loss, as determined by the Secretary of Agriculture, of any entity or persons, and that for the purposes of determining income derived from farming, ranching, and forestry under paragraph (d) of that section, the Secretary of Agriculture shall broadly consider income derived from agricultural sales (including gains), agricultural services, the sale of agricultural real estate, and prior year net operating loss carryforward as such income: Provided further, That from the amounts provided in this section, the Secretary of Agriculture may provide support to processors for losses of crops due to insufficient processing access: Provided further, That the Secretary of Agriculture may extend the term of a marketing assistance loan authorized by section 1201 of the Agricultural Act of 2014 (7 U.S.C. 9031), notwithstanding section 1203(b) of that Act (7 U.S.C. 9033(b)), for any loan commodity to 12 months: Provided further, That the authority provided by the previous proviso shall expire on September 30, 2021: Provided further, That from the amounts provided in this section, the Secretary of Agriculture shall use not less than $1,500,000,000 to purchase food and agricultural products, including seafood, to purchase and distribute agricultural products (including fresh produce, dairy, and meat products) to individuals in need, including through delivery to nonprofit organizations that can receive, store, and distribute food items, and for grants and loans to small or midsized food processors or distributors, seafood processing facilities and processing vessels, farmers markets, producers, or other organizations to respond to coronavirus, including for measures to protect workers against the Coronavirus Disease 2019 (COVID–19): Provided further, That not later than 30 days after the date of enactment of this Act and prior to issuing solicitations for contracts under the previous proviso, the Secretary of Agriculture shall conduct a preliminary review of actions necessary to improve COVID–19-related food purchasing, including reviewing coordination, specifications, quality, and fairness of purchases, including the distribution of purchased commodities, including the fairness of food distribution, such as whether rural communities received adequate support, the degree to which transportation costs were sufficient to reach all areas, whether food safety was adequate in the distribution of food, and the degree to which local purchases of food were made: Provided further, That from the amounts provided in this section, the Secretary of Agriculture may use not more than $200,000,000 to provide relief to timber harvesting and timber hauling businesses that have, as a result of the COVID–19 pandemic, experienced a loss of not less than 10 percent in gross revenue during the period beginning on January 1, 2020, and ending on December 1, 2020, as compared to the gross revenue of that timber harvesting or hauling business during the same period in 2019: Provided further, That in making direct support payments in this section, the Secretary of Agriculture may take into account price differentiation factors for each commodity based on specialized varieties, local markets, and farm practices, such as certified organic farms (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502)): Provided further, That using amounts provided in this section, the Secretary of Agriculture may make payments to producers of advanced biofuel, biomass-based diesel, cellulosic biofuel, conventional biofuel, or renewable fuel (as such terms are defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))) produced in the United States, for unexpected market losses as a result of COVID–19: Provided further, That the Secretary of Agriculture may make recourse loans available to dairy product processors, packagers, or merchandisers impacted by COVID–19: Provided further, That each reference in this section to a section or other provision of the Code of Federal Regulations shall be considered to be a reference to that section or other provision as in effect on the date of enactment of this Act.

SEC. 752. Specialty Crop Block Grants.

Due to the impacts of COVID–19 on specialty crops, there is appropriated, out of any funds in the Treasury not otherwise appropriated, for Specialty Crop Block Grants under section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465), $100,000,000, to remain available until expended.

SEC. 753. Local Agriculture Market Program.

Due to the impacts that COVID–19 has had on many local agriculture markets, there is appropriated, out of any funds in the Treasury not otherwise appropriated, for the Local Agriculture Market Program established under section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c), $100,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, the Secretary of Agriculture may reduce the amount of matching funds otherwise required under that section 210A to an amount not greater than 10 percent of the total amount of the Federal funds obligated under this section only 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 (or any renewal of that declaration): Provided further, That such match may be an in-kind contribution.

SEC. 754. Farming Opportunities Training and Outreach Program.

Due to the impacts of COVID–19 on certain producers, there is appropriated, out of any funds in the Treasury not otherwise appropriated, for the Farming Opportunities Training and Outreach Program under section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), $75,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, the Secretary of Agriculture may reduce the amount of matching funds otherwise required under that section 2501 to an amount not greater than 10 percent of the total amount of the Federal funds obligated under this section only 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 (or any renewal of that declaration): Provided further, That such match may be an in-kind contribution: Provided further, That the Secretary of Agriculture may waive any maximum grant amount otherwise applicable to grants provided using such amounts.

SEC. 755. Gus Schumacher Nutrition Incentive Program.

There is appropriated, out of any funds in the Treasury not otherwise appropriated, for the Gus Schumacher Nutrition Incentive Program under section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517), $75,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, the Secretary of Agriculture may reduce the amount of matching funds otherwise required under that section 4405 to an amount not greater than 10 percent of the total amount of the Federal funds obligated under this section only 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 (or any renewal of that declaration): Provided further, That such match may be an in-kind contribution: Provided further, That the Secretary of Agriculture may waive any maximum grant amount otherwise applicable to grants provided under this section: Provided further, That the Secretary of Agriculture may use such amounts to provide additional funding to ongoing grants provided under such Program before the date of enactment of this Act.

SEC. 756. Research.

There is appropriated, out of any funds in the Treasury not otherwise appropriated, $20,000,000 for fiscal year 2021 and each fiscal year thereafter for the Agricultural Research Service to address gaps in nutrition research at the critical intersections of responsive agriculture, quality food production, and human nutrition and health.

CHAPTER 2 Support for Dairy, Livestock, and Farm Stress

SEC. 760. Definitions.

In this chapter:

(1)

The term “COVID–19” means the disease caused by SARS–CoV–2, or any viral strain mutating therefrom with pandemic potential.

(2)

The term “COVID–19 public health emergency” means 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 (or any renewal of that declaration).

(3)

The term “Secretary” means the Secretary of Agriculture.

SEC. 761. Supplemental Dairy Margin Coverage Payments.

(a)

In General.— The Secretary shall provide supplemental dairy margin coverage payments to participating eligible dairy operations described in subsection (b)(1) whenever the average actual dairy production margin (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)) for a month is less than the coverage level threshold selected by such eligible dairy operation under section 1406 of that Act (7 U.S.C. 9056).

(b)

Eligible Dairy Operation Described.—

(1)

In general.— An eligible dairy operation described in this subsection is a dairy operation that—

(A)

is located in the United States; and

(B)

during a calendar year in which such dairy operation is a participating dairy operation (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)), has a production history established under the dairy margin coverage program under section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) of less than 5,000,000 pounds, as determined in accordance with subsection (c) of such section 1405.

(2)

Limitation on eligibility.— An eligible dairy operation shall only be eligible for payments under this section during a calendar year in which such eligible dairy operation is enrolled in the dairy margin coverage (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)).

(c)

Supplemental Production History Calculation.—

(1)

In general.— For purposes of determining the supplemental production history of an eligible dairy operation under this section, such dairy operation’s supplemental production history shall be equal to 75 percent of the amount described in paragraph (2) with respect to such dairy operation.

(2)

Amount.— The amount referred to in paragraph (1) is, with respect to an eligible dairy operation, the amount equal to—

(A)

the production volume of such dairy operation for the 2019 milk marketing year; minus

(B)

the dairy margin coverage production history of such dairy operation established under section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055).

(d)

Coverage Percentage.—

(1)

In general.— For purposes of calculating payments to be issued under this section during a calendar year, an eligible dairy operation’s coverage percentage shall be equal to the coverage percentage selected by such eligible dairy operation with respect to such calendar year under section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056).

(2)

5 million pound limitation.—

(A)

In general.— The Secretary shall not provide supplemental dairy margin coverage on an eligible dairy operation’s actual production for a calendar year such that the total covered production history of such dairy operation exceeds 5,000,000 pounds.

(B)

Determination of amount.— In calculating the total covered production history of an eligible dairy operation under subparagraph (A), the Secretary shall multiply the coverage percentage selected by such operation under section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) by the sum of—

(i)

the supplemental production history calculated under subsection (c) with respect to such dairy operation; and

(ii)

the dairy margin coverage production history described in subsection (c)(2)(B) with respect to such dairy operation.

(e)

Premium Cost.— The premium cost for an eligible dairy operation under this section for a calendar year shall be equal to the product of multiplying—

(1)

the Tier I premium cost calculated with respect to such dairy operation for such year under section 1407(b) of the Agricultural Act of 2014 (7 U.S.C. 9057(b)); by

(2)

the supplemental production history with respect to such dairy operation calculated under subsection (c) (such that total covered production history does not exceed 5,000,000 pounds).

(f)

Regulations.— Not later than 45 days after the date of the enactment of this section, the Secretary shall issue regulations to carry out this section.

(g)

Prohibition With Respect to Dairy Margin Coverage Enrollment.—

(1)

In general.— The Secretary may not reopen or otherwise provide a special enrollment for dairy margin coverage (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)) for purposes of establishing eligibility for supplemental dairy margin coverage payments under this section.

(2)

Clarification with respect to supplemental dairy margin coverage payments.— The Secretary may open a special enrollment for supplemental dairy margin coverage under this section.

(h)

Application for Calendar Year 2021.— The Secretary shall make payments under this section to eligible dairy operations described in subsection (b)(1) for months after and including January, 2021.

(i)

Sunset.— The authority to make payments under this section shall terminate on December 31, 2023.

(j)

Funding.— There is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out this section such sums as necessary, to remain available until the date specified in subsection (i).

SEC. 762. Dairy Donation Program.

(a)

Definitions.— In this section:

(1)

Eligible dairy organization.— The term “eligible dairy organization” has the meaning given the term in section 1431(a) of the Agricultural Act of 2014 (7 U.S.C. 9071(a)).

(2)

Eligible dairy product.— The term “eligible dairy product” means a product primarily made from milk, including fluid milk, that is produced and processed in the United States.

(3)

Eligible distributor.— The term “eligible distributor” means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals and families.

(4)

Eligible partnership.— The term “eligible partnership” means a partnership between an eligible dairy organization and an eligible distributor.

(b)

Establishment and Purposes.— Not later than 60 days after the date of enactment of this Act, the Secretary shall establish and administer a dairy donation program for the purposes of—

(1)

facilitating the timely donation of eligible dairy products; and

(2)

preventing and minimizing food waste.

(c)

Donation and Distribution Plans.—

(1)

In general.— To be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible dairy products.

(2)

Review and approval.—

(A)

In general.— Not later than 15 business days after receiving a plan described in paragraph (1), the Secretary shall—

(i)

review that plan; and

(ii)

issue an approval or disapproval of that plan.

(B)

Emergency and disaster-related prioritization.—

(i)

In general.— In receiving and reviewing a donation and distribution plan submitted under paragraph (1), the Secretary shall determine whether an emergency or disaster was a substantial factor in the submission, including—

(I)

a declared or renewed public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d); and

(II)

a disaster designated by the Secretary.

(ii)

Priority review.— On making an affirmative determination under clause (i) with respect to a donation and distribution plan submitted under paragraph (1), the Secretary shall give priority to the approval or disapproval of that plan.

(d)

Reimbursement.—

(1)

In general.— On receipt of appropriate documentation under paragraph (3), the Secretary shall reimburse an eligible dairy organization that is a member of an eligible partnership for which the Secretary has approved a donation and distribution plan under subsection (c)(2)(A)(ii) at a rate equal to the product obtained by multiplying—

(A)

the current reimbursement price described in paragraph (2); and

(B)

the volume of milk required to make the donated eligible dairy product.

(2)

Reimbursement price.— The Secretary—

(A)

shall set the reimbursement price referred to in paragraph (1)(A) at a value that shall—

(i)

be representative of the cost of the milk required to make the donated eligible dairy product;

(ii)

be between the lowest and highest of the class I, II, III, or IV milk prices on the date of the production of the eligible dairy product;

(iii)

be sufficient to avoid food waste; and

(iv)

not interfere with the commercial marketing of milk or dairy products;

(B)

may set appropriate reimbursement prices under subparagraph (A) for different eligible dairy products by class and region for the purpose of—

(i)

encouraging the donation of surplus eligible dairy products;

(ii)

facilitating the orderly marketing of milk;

(iii)

reducing volatility relating to significant market disruptions;

(iv)

maintaining traditional price relationships between classes of milk; or

(v)

stabilizing on-farm milk prices.

(3)

Documentation.—

(A)

In general.— An eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate—

(i)

the production of the eligible dairy product; and

(ii)

the donation of the eligible dairy product to an eligible distributor.

(B)

Verification.— The Secretary may verify the accuracy of documentation submitted under subparagraph (A).

(4)

Retroactive reimbursement.— In providing reimbursements under paragraph (1), the Secretary may provide reimbursements for eligible dairy product costs incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the Secretary under subsection (c)(2)(A)(ii).

(5)

Emergency and disaster-related prioritization.— In providing reimbursements under paragraph (1), the Secretary shall give priority to reimbursements to eligible dairy organizations covered by a donation and distribution plan for which the Secretary makes an affirmative determination under subsection (c)(2)(B)(i).

(e)

Prohibition on Resale of Products.—

(1)

In general.— An eligible distributor that receives eligible dairy products donated under this section may not sell the eligible dairy products into commercial markets.

(2)

Prohibition on future participation.— An eligible distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation in the program established under this section.

(f)

Reviews.— The Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section.

(g)

Publication of Donation Activity.— The Secretary, acting through the Administrator of the Agricultural Marketing Service, shall publish on the publicly accessible website of the Agricultural Marketing Service periodic reports describing donation activity under this section.

(h)

Supplemental Reimbursements.—

(1)

In general.— The Secretary shall make a supplemental reimbursement to an eligible dairy organization that received a reimbursement under the milk donation program established under section 1431 of the Agricultural Act of 2014 (7 U.S.C. 9071) during the period beginning on January 1, 2020, and ending on the date on which amounts made available under subsection (i) are no longer available.

(2)

Reimbursement calculation.— A supplemental reimbursement described in paragraph (1) shall be an amount equal to—

(A)

the reimbursement calculated under subsection (d); minus

(B)

the reimbursement under the milk donation program described in paragraph (1).

(i)

Funding.— Out of any amounts of the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this section $400,000,000, to remain available until expended.

SEC. 763. Establishment of Trust for Benefit of Unpaid Cash Sellers of Livestock.

The Packers and Stockyards Act, 1921, is amended by inserting after section 317 (7 U.S.C. 217a) the following new section:

“SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER.

“(a) Establishment.—

“(1) In general.—All livestock purchased by a dealer in cash sales and all inventories of, or receivables or proceeds from, such livestock shall be held by such dealer in trust for the benefit of all unpaid cash sellers of such livestock until full payment has been received by such unpaid cash sellers.

“(2) Exemption.—Any dealer whose average annual purchases of livestock do not exceed $100,000 shall be exempt from the provisions of this section.

“(3) Effect of dishonored instruments.—For purposes of determining full payment under paragraph (1), a payment to an unpaid cash seller shall not be considered to have been made if the unpaid cash seller receives a payment instrument that is dishonored.

“(b) Preservation of Trust.—An unpaid cash seller shall lose the benefit of a trust under subsection (a) if the unpaid cash seller has not preserved the trust by giving written notice to the dealer involved and filing such notice with the Secretary—

“(1) within 30 days of the final date for making a payment under section 409 in the event that a payment instrument has not been received; or

“(2) within 15 business days after the date on which the seller receives notice that the payment instrument promptly presented for payment has been dishonored.

“(c) Notice to Lien Holders.—When a dealer receives notice under subsection (b) of the unpaid cash seller’s intent to preserve the benefits of the trust, the dealer shall, within 15 business days, give notice to all persons who have recorded a security interest in, or lien on, the livestock held in such trust.

“(d) Cash Sales Defined.—For the purpose of this section, a cash sale means a sale in which the seller does not expressly extend credit to the buyer.

“(e) Purchase of Livestock Subject to Trust.—

“(1) In general.—A person purchasing livestock subject to a dealer trust shall receive good title to the livestock if the person receives the livestock—

“(A) in exchange for payment of new value; and

“(B) in good faith without notice that the transfer is a breach of trust.

“(2) Dishonored payment instrument.—Payment shall not be considered to have been made if a payment instrument given in exchange for the livestock is dishonored.

“(3) Transfer in satisfaction of antecedent debt.—A transfer of livestock subject to a dealer trust is not for value if the transfer is in satisfaction of an antecedent debt or to a secured party pursuant to a security agreement.

“(f) Enforcement.—Whenever the Secretary has reason to believe that a dealer subject to this section has failed to perform the duties required by this section or whenever the Secretary has reason to believe that it will be in the best interest of unpaid cash sellers, the Secretary shall do one or more of the following—

“(1) appoint an independent trustee to carry out the duties required by this section, preserve trust assets, and enforce the trust;

“(2) serve as independent trustee, preserve trust assets, and enforce the trust; or

“(3) file suit in the United States district court for the district in which the dealer resides to enjoin the dealer’s failure to perform the duties required by this section, preserve trust assets, and to enforce the trust. Attorneys employed by the Secretary may, with the approval of the Attorney General, represent the Secretary in any such suit. Nothing herein shall preclude unpaid sellers from filing suit to preserve or enforce the trust.”

SEC. 764. Grants for Improvements to Meat and Poultry Facilities to Allow for Interstate Shipment.

(a)

In General.— The Secretary shall make grants to meat and poultry slaughter and processing facilities described in subsection (b) (including such facilities operating under State inspection or such facilities that are exempt from Federal inspection) to assist such facilities with respect to costs incurred in making improvements to such facilities and carrying out other planning activities necessary—

(1)

to obtain a Federal grant of inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as applicable; or

(2)

to operate as a State-inspected facility that is compliant with—

(A)

the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) under the cooperative interstate shipment program established under section 501 of that Act (21 U.S.C. 683); or

(B)

the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) under the cooperative interstate shipment program established under section 31 of that Act (21 U.S.C. 472).

(b)

Eligible Facilities.— To be eligible for a grant under this section, a meat or poultry slaughter or processing facility shall be—

(1)

in operation as of the date on which the facility submits to the Secretary an application for the grant; and

(2)

seeking—

(A)

to obtain a Federal grant of inspection described in subsection (a)(1); or

(B)

to be eligible for inspection under a cooperative interstate shipment program described in subparagraph (A) or (B), as applicable, of subsection (a)(2), in a State that participates in that program.

(c)

Eligible Activities.— A facility that receives a grant under this section may use the grant amount for—

(1)

the modernization or expansion of existing facilities;

(2)

the modernization of equipment;

(3)

compliance with packaging and labeling requirements under applicable law;

(4)

compliance with safety requirements under applicable law;

(5)

the development of processes to ensure food safety; and

(6)

such other purposes as the Secretary determines to be appropriate.

(d)

Grant Requirements.—

(1)

Amount.— The amount of a grant under this section shall not exceed $200,000.

(2)

Condition.— As a condition of receiving a grant under this section, a grant recipient shall agree that the grant recipient shall make a payment (or payments) to the Secretary in an amount equal to the amount of the grant if the recipient, within 36 months of receiving such grant—

(A)

as applicable—

(i)

is not subject to inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as applicable; or

(ii)

is not eligible for inspection under a cooperative interstate shipment program described in subparagraph (A) or (B), as applicable, of subsection (a)(2); or

(B)

is not making a good faith effort to be subject to such inspection or to be eligible under such a cooperative interstate shipment program, as applicable.

(3)

Matching funds.—

(A)

In general.— The Secretary shall require a recipient of a grant under this section to provide matching non-Federal funds in an amount equal to the amount of the grant.

(B)

Exception.— The Secretary shall not require any recipient of a grant under this section to provide matching funds with respect to a grant awarded in fiscal year 2021.

(e)

Reports.—

(1)

Reports on grants made.— Beginning not later than 1 year after the date on which the first grant is awarded under this section, and continuing annually thereafter through the year that is 10 years after the date on which the final grant is awarded under this section, the Secretary shall submit to the Committee on Agriculture and the Committee on Appropriations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate a report on grants made under this section, including—

(A)

any facilities that used a grant awarded under this section to carry out eligible activities described in subsection (c) during the year covered by the report; and

(B)

the operational status of facilities that were awarded grants under this section.

(2)

Report on the cooperative interstate shipment program.— Beginning not later than 1 year after the date of the enactment of this section, the Secretary shall submit to the Committee on Agriculture and the Committee on Appropriations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate a report describing any recommendations, developed in consultation with all States, for possible improvements to the cooperative interstate shipment programs under section 501 of the Federal Meat Inspection Act (21 U.S.C. 683) and section 31 of the Poultry Products Inspection Act (21 U.S.C. 472).

(f)

Funding.— Of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $60,000,000 for the period of fiscal years 2021 through 2023, to remain available until expended.

SEC. 765. Meat and Poultry Processing Study and Report.

(a)

Study and Report on Financial Assistance Availability.—

(1)

Study required.— The Secretary shall conduct a study on the availability and effectiveness of—

(A)

Federal loan programs, Federal loan guarantee programs, and grant programs for which—

(i)

facilities that slaughter or otherwise process meat and poultry in the United States, which are in operation and subject to inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as of the date of the enactment of this section, and

(ii)

entities seeking to establish such a facility in the United States,

may be eligible; and

(B)

Federal grant programs intended to support—

(i)

business activities relating to increasing the slaughter or processing capacity in the United States; and

(ii)

feasibility or marketing studies on the practicality and viability of specific new or expanded projects to support additional slaughter or processing capacity in the United States.

(2)

Report to congress.— Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with applicable Federal agencies, shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes the results of the study required under paragraph (1).

(3)

Publication.— Not later than 90 days after the date of the enactment of this section, the Secretary shall make publicly available on the website of the Food Safety and Inspection Service of the Department of Agriculture a list of each loan program, loan guarantee program, and grant program identified under paragraph (1).

(b)

Funding.— There is appropriated, out of the funds of the Treasury not otherwise appropriated, $2,000,000 to carry out this section.

SEC. 766. Support for Farm Stress Programs.

(a)

In General.— The Secretary shall make grants to State departments of agriculture (or such equivalent department) to expand or sustain stress assistance programs for individuals who are engaged in farming, ranching, and other agriculture-related occupations, including—

(1)

programs that meet the criteria specified in section 7522(b)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936(b)(1)); and

(2)

any State initiatives carried out as of the date of the enactment of this Act that provide stress assistance for such individuals.

(b)

Grant Timing and Amount.— In making grants under subsection (a), not later than 60 days after the date of the enactment of this Act and subject to subsection (c), the Secretary shall—

(1)

make awards to States submitting State plans that meet the criteria specified in paragraph (1) of such subsection within the time period specified by the Secretary; and

(2)

of the amounts made available under subsection (f), allocate among such States, an amount to be determined by the Secretary, which in no case may exceed $500,000 for each State.

(c)

State Plan.—

(1)

In general.— A State department of agriculture seeking a grant under subsection (a) shall submit to the Secretary a State plan to expand or sustain stress assistance programs described in that subsection that includes—

(A)

a description of each activity and the estimated amount of funding to support each program and activity carried out through such a program;

(B)

an estimated timeline for the operation of each such program and activity;

(C)

the total amount of funding sought; and

(D)

an assurance that the State department of agriculture will comply with the reporting requirement under subsection (e).

(2)

Guidance.— Not later than 20 days after the date of the enactment of this Act, the Secretary shall issue guidance for States with respect to the submission of a State plan under paragraph (1) and the allocation criteria under subsection (b).

(3)

Reallocation.— If, after the first grants are awarded pursuant to allocation under subsection (b), any funds made available under subsection (f) to carry out this subsection remain unobligated, the Secretary shall—

(A)

inform States that submit plans as described in subsection (b), of such availability; and

(B)

reallocate such funds among such States, as the Secretary determines to be appropriate and equitable.

(d)

Collaboration.— The Secretary may issue guidance to encourage State departments of agriculture to use funds provided under this section to support programs described in subsection (a) that are operated by—

(1)

Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));

(2)

State cooperative extension services; and

(3)

nongovernmental organizations.

(e)

Reporting.— Not later than 180 days after the COVID–19 public health emergency ends, each State receiving additional grants under subsection (b) shall submit a report to the Secretary describing—

(1)

the activities conducted using such funds;

(2)

the amount of funds used to support each such activity; and

(3)

the estimated number of individuals served by each such activity.

(f)

Funding.— Out of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $28,000,000, to remain available until expended.

(g)

State Defined.— In this section, the term “State” means—

(1)

a State;

(2)

the District of Columbia;

(3)

the Commonwealth of Puerto Rico; and

(4)

any other territory or possession of the United States.

TITLE VIII United States Postal Service

SEC. 801. Covid–19 Funding for the United States Postal Service.

Section 6001 of the CARES Act (39 U.S.C. 101 note; Public Law 116–136) is amended—

(1)

in the section heading, by striking “ ^{borrowing authority}” and inserting “ ^funding”;

(2)

by redesignating subsection (c) as subsection (d); and

(3)

by inserting after subsection (b) the following:

“(c) No Repayment Required.—Notwithstanding any other provision of law, including subsection (b) of this section, or any agreement entered into between the Secretary of the Treasury and the Postal Service under that subsection, the Postal Service shall not be required to repay the amounts borrowed under that subsection.”

SEC. 802. Temporary Acceptance of Certain Low-Risk Postal Shipments.

Section 343(a)(3)(K)(vii) of the Trade Act of 2002 (19 U.S.C. 1415(a)(3)(K)(vii)) is amended—

(1)

in subclause (I), by striking “ subclause (II)” and inserting “ subclause (II) or (III)”; and

(2)

by adding at the end the following:

“(III) Notwithstanding subclause (I), during the period beginning on January 1, 2021, through March 15, 2021, the Postmaster General may accept a shipment without transmission of the information described in paragraphs (1) and (2) if the Commissioner determines, or concurs with the determination of the Postmaster General, that the shipment presents a low risk of violating any relevant United States statutes or regulations, including statutes or regulations relating to the importation of controlled substances such as fentanyl and other synthetic opioids.”

TITLE IX Broadband Internet Access Service

SEC. 901. Amendments to the Secure and Trusted Communications Network Reimbursement Program.

The Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.) is amended—

(1)

in section 4 (47 U.S.C. 1603)—

(A)

in subsection (b)(1), by striking “ 2,000,000” and inserting “ 10,000,000”;

(B)

in subsection (c)—

(i)

in paragraph (1)(A)—

(I)

in the matter preceding clause (i), by striking “ before”;

(II)

by amending clause (i) to read as follows:

“(i) as defined in the Report and Order of the Commission in the matter of Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs (FCC 19–121; WC Docket No. 18–89; adopted November 22, 2019) (in this section referred to as the ‘Report and Order’); or”

; and

(III)

by amending clause (ii) to read as follows:

“(ii) as determined to be covered by both the process of the Report and Order and the Designation Orders of the Commission on June 30, 2020 (DA 20–690; PS Docket No. 19–351; adopted June 30, 2020) (DA 20–691; PS Docket No. 19–352; adopted June 30, 2020) (in this section collectively referred to as the ‘Designation Orders’);”

; and

(ii)

in paragraph (2)(A), by amending clauses (i) and (ii) to read as follows:

“(i) publication of the Report and Order; or

“(ii) in the case of covered communications equipment that only became covered pursuant to the Designation Orders, June 30, 2020; or”

(C)

in subsection (d)(5)—

(i)

in subparagraph (A), by striking “ The Commission” and inserting “ Subject to subparagraph (C), the Commission”; and

(ii)

by adding at the end the following:

“(C) Priority for allocation.—On and after the date of enactment of this subparagraph, the Commission shall allocate sufficient reimbursement funds—

“(i) first, to approved applicants that have 2,000,000 or fewer customers, for removal and replacement of covered communications equipment, as defined in section 9 or as designated by the process set forth in the Report and Order;

“(ii) after funds have been allocated to all applicants described in clause (i), to approved applicants that are accredited public or private non-commercial educational institutions providing their own facilities-based educational broadband service, as defined in section 27.4 of title 47, Code of Federal Regulations, or any successor regulation, for removal and replacement of covered communications equipment, as defined in section 9 or as designated by the process set forth in the Report and Order; and

“(iii) after funds have been allocated to all applicants described in clause (ii), to any remaining approved applicants determined to be eligible for reimbursement under the Program.”

; and

(D)

by adding at the end the following:

“(k) Limitation.—In carrying out this section, the Commission may not expend more than $1,900,000,000.”

; and

(2)

in section 9 (47 U.S.C. 1608), by amending paragraph (10) to read as follows:

“(10) Provider of advanced communications service.—The term ‘provider of advanced communications service’—

“(A) means a person who provides advanced communications service to United States customers; and

“(B) includes—

“(i) accredited public or private noncommercial educational institutions, providing their own facilities-based educational broadband service, as defined in section 27.4 of title 47, Code of Federal Regulations, or any successor regulation; and

“(ii) health care providers and libraries providing advanced communications service.”

SEC. 902. Connecting Minority Communities.

(a)

Definitions.— In this section:

(1)

Anchor community.—

(A)

In general.— The term “anchor community” means any area that—

(i)

except as provided in subparagraph (B), is not more than 15 miles from a historically Black college or university, a Tribal College or University, or a Minority-serving institution; and

(ii)

has an estimated median annual household income of not more than 250 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)).

(B)

Certain tribal colleges or universities.— With respect to a Tribal College or University that is located on land held in trust by the United States, the Assistant Secretary, in consultation with the Secretary of the Interior, may establish a different maximum distance for the purposes of subparagraph (A)(i) if the Assistant Secretary is able to ensure that, in establishing that different maximum distance, each anchor community that is established as a result of that action is statistically comparable to other anchor communities described in subparagraph (A).

(2)

Assistant secretary.— The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.

(3)

Broadband internet access service.— The term “broadband internet access service” has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.

(4)

Commission.— The term “Commission” means the Federal Communications Commission.

(5)

Connected device.— The term “connected device” means a laptop computer, tablet computer, or similar device that is capable of connecting to broadband internet access service.

(6)

Director.— The term “Director” means the Director of the Office.

(7)

Eligible equipment.— The term “eligible equipment” means—

(A)

a Wi-Fi hotspot;

(B)

a modem;

(C)

a router;

(D)

a device that combines a modem and router;

(E)

a connected device; or

(F)

any other equipment used to provide access to broadband internet access service.

(8)

Eligible recipient.— The term “eligible recipient” means—

(A)

a historically Black college or university;

(B)

a Tribal College or University;

(C)

a Minority-serving institution; or

(D)

a consortium that is led by a historically Black college or university, a Tribal College or University, or a Minority-serving institution and that also includes—

(i)

a minority business enterprise; or

(ii)

an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.

(9)

Historically black college or university.— The term “historically Black college or university” has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

(10)

Minority-serving institution.— The term “Minority-serving institution” means any of the following:

(A)

An Alaska Native-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).

(B)

A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).

(C)

A Hispanic-serving institution, as that term is defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).

(D)

A Predominantly Black institution, as that term is defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)).

(E)

An Asian American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)).

(F)

A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)).

(11)

Minority business enterprise.— The term “minority business enterprise” has the meaning given the term in section 1400.2 of title 15, Code of Federal Regulations, or any successor regulation.

(12)

Office.— The term “Office” means the Office of Minority Broadband Initiatives established pursuant to subsection (b)(1).

(13)

Pilot program.— The term “Pilot Program” means the Connecting Minority Communities Pilot Program established under the rules promulgated by the Assistant Secretary under subsection (c)(1).

(14)

Tribal college or university.— The term “Tribal College or University” has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).

(15)

Wi-fi.— The term “Wi-Fi” means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11, or any successor standard.

(16)

Wi-fi hotspot.— The term “Wi-Fi hotspot” means a device that is capable of—

(A)

receiving broadband internet access service; and

(B)

sharing broadband internet access service with another device through the use of Wi-Fi.

(b)

Office of Minority Broadband Initiatives.—

(1)

Establishment.— Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish within the National Telecommunications and Information Administration the Office of Minority Broadband Initiatives.

(2)

Director.— The Office shall be headed by the Director of the Office of Minority Broadband Initiatives, who shall be appointed by the Assistant Secretary.

(3)

Duties.— The Office, acting through the Director, shall—

(A)

collaborate with Federal agencies that carry out broadband internet access service support programs to determine how to expand access to broadband internet access service and other digital opportunities in anchor communities;

(B)

collaborate with State, local, and Tribal governments, historically Black colleges or universities, Tribal Colleges or Universities, Minority-serving institutions, and stakeholders in the communications, education, business, and technology fields to—

(i)

promote—

(I)

initiatives relating to broadband internet access service connectivity for anchor communities; and

(II)

digital opportunities for anchor communities;

(ii)

develop recommendations to promote the rapid, expanded deployment of broadband internet access service to unserved historically Black colleges or universities, Tribal Colleges or Universities, Minority-serving institutions, and anchor communities, including to—

(I)

students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and

(II)

senior citizens and veterans who live in anchor communities;

(iii)

promote activities that would accelerate the adoption of broadband internet access service (including any associated equipment or personnel necessary to access and use that service, such as modems, routers, devices that combine a modem and a router, Wi-Fi hotspots, and connected devices)—

(I)

by students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and

(II)

within anchor communities;

(iv)

upon request, provide assistance to historically Black colleges or universities, Tribal Colleges or Universities, Minority-serving institutions, and leaders from anchor communities with respect to navigating Federal programs dealing with broadband internet access service;

(v)

promote digital literacy skills, including by providing opportunities for virtual or in-person digital literacy training and education;

(vi)

promote professional development opportunity partnerships between industry and historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions to help ensure that information technology personnel and students of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions have the skills needed to work with new and emerging technologies with respect to broadband internet access service; and

(vii)

explore how to leverage investment in infrastructure with respect to broadband internet access service to—

(I)

expand connectivity with respect to that service in anchor communities and by students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions;

(II)

encourage investment in communities that have been designated as qualified opportunity zones under section 1400Z–1 of the Internal Revenue Code of 1986; and

(III)

serve as a catalyst for adoption of that service, so as to promote job growth and economic development and deployment of advanced technologies; and

(C)

assume any functions carried out under the Minority Broadband Initiative of the National Telecommunications and Information Administration, as of the day before the date of enactment of this Act.

(4)

Reports.—

(A)

In general.— Not later than 1 year after the date on which the Assistant Secretary establishes the Office under paragraph (1), and annually thereafter, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—

(i)

for the year covered by the report, details the work of the Office in expanding access to fixed and mobile broadband internet access service—

(I)

at historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions, including by expanding that access to students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and

(II)

within anchor communities; and

(ii)

identifies barriers to providing access to broadband internet access service—

(I)

at historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions, including to students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and

(II)

within anchor communities.

(B)

Public availability.— Not later than 30 days after the date on which the Assistant Secretary submits a report under subparagraph (A), the Assistant Secretary shall, to the extent feasible, make that report publicly available.

(c)

Connecting Minority Communities Pilot Program.—

(1)

Rules required.—

(A)

In general.— Not later than 45 days after the date of enactment of this Act, the Assistant Secretary shall promulgate rules establishing the Connecting Minority Communities Pilot Program, the purpose of which shall be to provide grants to eligible recipients in anchor communities for the purchase of broadband internet access service or any eligible equipment, or to hire and train information technology personnel—

(i)

in the case of an eligible recipient described in subparagraph (A), (B), or (C) of subsection (a)(8), to facilitate educational instruction and learning, including through remote instruction;

(ii)

in the case of an eligible recipient described in subsection (a)(8)(D)(i), to operate the minority business enterprise; or

(iii)

in the case of an eligible recipient described in subsection (a)(8)(D)(ii), to operate the organization.

(B)

Content.— The rules promulgated under subparagraph (A) shall—

(i)

establish a method for identifying which eligible recipients in anchor communities have the greatest unmet financial needs;

(ii)

ensure that grants under the Pilot Program are made—

(I)

to eligible recipients identified under the method established under clause (i); and

(II)

in a manner that best achieves the purposes of the Pilot Program;

(iii)

require that an eligible recipient described in subparagraph (A), (B), or (C) of subsection (a)(8) that receives a grant to provide broadband internet access service or eligible equipment to students prioritizes students who—

(I)

are eligible to receive a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a);

(II)

are recipients of any other need-based financial aid from the Federal Government, a State, or that eligible recipient;

(III)

are qualifying low-income consumers for the purposes of the program carried out under subpart E of part 54 of title 47, Code of Federal Regulations, or any successor regulations;

(IV)

are low-income individuals, as that term is defined in section 312(g) of the Higher Education Act of 1965 (20 U.S.C. 1058(g)); or

(V)

have been approved to receive unemployment insurance benefits under any Federal or State law since March 1, 2020;

(iv)

provide that a recipient of a grant under the Pilot Program—

(I)

shall use eligible equipment for a purpose that the recipient considers to be appropriate, subject to any restriction provided in those rules (or any successor rules);

(II)

if the recipient lends, or otherwise provides, eligible equipment to students or patrons, shall prioritize lending or providing to such individuals that the recipient believes do not have access to that equipment, subject to any restriction provided in those rules (or any successor rules); and

(III)

may not sell or otherwise transfer eligible equipment in exchange for any thing (including a service) of value;

(v)

include audit requirements that—

(I)

ensure that a recipient of a grant made under the Pilot Program uses grant funds in compliance with the requirements of this section and the overall purpose of the Pilot Program; and

(II)

prevent waste, fraud, and abuse in the operation of the Pilot Program;

(vi)

provide that not less than 40 percent of the amount of the grants made under the Pilot Program are made to Historically Black colleges or universities; and

(vii)

provide that not less than 20 percent of the amount of the grants made under the Pilot Program are made to eligible recipients described in subparagraphs (A), (B), and (C) of subsection (a)(8) to provide broadband internet access service or eligible equipment to students of those eligible recipients.

(2)

Fund.—

(A)

Establishment.— There is established in the Treasury of the United States a fund to be known as the Connecting Minority Communities Fund.

(B)

Use of fund.— Amounts in the Connecting Minority Communities Fund established under subparagraph (A) shall be available to the Assistant Secretary to provide support under the rules promulgated under paragraph (1).

(3)

Interagency coordination.— When making grants under the Pilot Program, the Assistant Secretary shall coordinate with other Federal agencies, including the Commission, the National Science Foundation, and the Department of Education, to ensure the efficient expenditure of Federal funds, including by preventing multiple expenditures of Federal funds for the same purpose.

(4)

Audits.—

(A)

In general.— For each of fiscal years 2021 and 2022, the Inspector General of the Department of Commerce shall conduct an audit of the Pilot Program according to the requirements established under paragraph (1)(B)(v).

(B)

Report.— After completing each audit conducted under subparagraph (A), the Inspector General of the Department of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that details the findings of the audit.

(5)

Direct appropriation.— There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, to remain available until expended, $285,000,000 to the Connecting Minority Communities Fund established under paragraph (2).

(6)

Termination.— Except with respect to the report required under paragraph (7) and the authority of the Secretary of Commerce and the Inspector General of the Department of Commerce described in paragraph (8), the Pilot Program, including all reporting requirements under this section, shall terminate on the date on which the amounts made available to carry out the Pilot Program are fully expended.

(7)

Report.— Not later than 90 days after the date on which the Pilot Program terminates under paragraph (6), the Assistant Secretary, after consulting with eligible recipients that received grants under the Pilot Program, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—

(A)

describes the manner in which the Pilot Program was carried out;

(B)

identifies each eligible recipient that received a grant under the Pilot Program; and

(C)

contains information regarding the effectiveness of the Pilot Program, including lessons learned in carrying out the Pilot Program and recommendations for future action.

(8)

Savings provision.— The termination of the Pilot Program under paragraph (6) shall not limit, alter, or affect the ability of the Secretary of Commerce or the Inspector General of the Department of Commerce to—

(A)

investigate waste, fraud, and abuse with respect to the Pilot Program; or

(B)

recover funds that are misused under the Pilot Program.

SEC. 903. Fcc Covid–19 Telehealth Program.

(a)

Definitions.— In this section—

(1)

the term “appropriate congressional committees” means—

(A)

the Committee on Commerce, Science, and Transportation of the Senate; and

(B)

the Committee on Energy and Commerce of the House of Representatives;

(2)

the term “Commission” means the Federal Communications Commission; and

(3)

the term “COVID–19 Telehealth Program” or “Program” means the COVID–19 Telehealth Program established by the Commission under the authority provided under the heading “salaries and expenses” under the heading “Federal Communications Commission” under the heading “INDEPENDENT AGENCIES” in title V of division B of the CARES Act (Public Law 116–136; 134 Stat. 531).

(b)

Additional Appropriation.— Out of amounts in the Treasury not otherwise appropriated, there is appropriated $249,950,000 in additional funds for the COVID–19 Telehealth Program, of which $50,000 shall be transferred by the Commission to the Inspector General of the Commission for oversight of the COVID–19 Telehealth Program.

(c)

Administrative Provisions.—

(1)

Evaluation of applications.—

(A)

Public notice.— Not later than 10 days after the date of enactment of this Act, the Commission shall issue a Public Notice establishing a 10-day period during which the Commission will seek comments on—

(i)

the metrics the Commission should use to evaluate applications for funding under this section; and

(ii)

how the Commission should treat applications filed during the funding rounds for awards from the COVID-19 Telehealth Program using amounts appropriated under the CARES Act (Public Law 116–36; 134 Stat. 281).

(B)

Congressional notice.— After the end of the comment period under subparagraph (A), and not later than 15 days before the Commission first commits funds under this section, the Commission shall provide notice to the appropriate congressional committees of the metrics the Commission plans to use to evaluate applications for those funds.

(2)

Equitable distribution.— To the extent feasible, the Commission shall ensure, in providing assistance under the COVID–19 Telehealth Program from amounts made available under subsection (b), that not less than 1 applicant in each of the 50 States and the District of Columbia has received funding from the Program since the inception of the Program, unless there is no such applicant eligible for such assistance in a State or in the District of Columbia, as the case may be.

(3)

Previous applicants.— The Commission shall allow an applicant who filed an application during the funding rounds for awards from the COVID–19 Telehealth Program using amounts appropriated under the CARES Act (Public Law 116-36; 134 Stat. 281) the opportunity to update or amend that application as necessary.

(4)

Information.— To the extent feasible, the Commission shall provide each applicant for funding from the COVID–19 Telehealth Program, if requested, with—

(A)

information on the status of the application; and

(B)

a rationale for the final funding decision for the application, after making that decision.

(5)

Denial.— If the Commission chooses to deny an application for funding from the COVID–19 Telehealth Program, the Commission shall—

(A)

issue notice to the applicant of the intent of the Commission to deny the application and the grounds for that decision;

(B)

provide the applicant with 10 days to submit any supplementary information that the applicant determines relevant; and

(C)

consider any supplementary information submitted under subparagraph (B) in making any final decision with respect to the application.

(d)

Report to Congress.— Not later than 90 days after the date of enactment of this Act, and every 30 days thereafter until all funds made available under this section have been expended, the Commission shall submit to the appropriate congressional committees a report on the distribution of funds appropriated for the COVID–19 Telehealth Program under the CARES Act (Public Law 116–36; 134 Stat. 281) or under this section, which shall include—

(1)

non-identifiable and aggregated data on deficient and rejected applications;

(2)

non-identifiable and aggregated data on applications for which no award determination was made;

(3)

information on the total number of applicants;

(4)

information on the total dollar amount of requests for awards made under this section; and

(5)

information on applicant outreach and technical assistance.

(e)

Paperwork Reduction Act Requirements.— A collection of information conducted or sponsored under any regulations required to implement this section shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the “Paperwork Reduction Act”).

SEC. 904. Benefit for Broadband Service During Emergency Period Relating to Covid–19.

(a)

Definitions.— In this section:

(1)

Broadband internet access service.— The term “broadband internet access service” has the meaning given such term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.

(2)

Broadband provider.— The term “broadband provider” means a provider of broadband internet access service.

(3)

Commission.— The term “Commission” means the Federal Communications Commission.

(4)

Connected device.— The term “connected device” means a laptop or desktop computer or a tablet.

(5)

Designated as an eligible telecommunications carrier.— The term “designated as an eligible telecommunications carrier”, with respect to a broadband provider, means the broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)).

(6)

Eligible household.— The term “eligible household” means, regardless of whether the household or any member of the household receives support under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation), and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which—

(A)

at least one member of the household meets the qualifications in subsection (a) or (b) of section 54.409 of title 47, Code of Federal Regulations (or any successor regulation);

(B)

at least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);

(C)

at least one member of the household has experienced a substantial loss of income since February 29, 2020, that is documented by layoff or furlough notice, application for unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the National Verifier or National Lifeline Accountability Database;

(D)

at least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) in the current award year, if such award is verifiable through the National Verifier or National Lifeline Accountability Database or the participating provider verifies eligibility under subsection (a)(2)(B); or

(E)

at least one member of the household meets the eligibility criteria for a participating provider’s existing low-income or COVID–19 program, subject to the requirements of subsection (a)(2)(B) and any other eligibility requirements the Commission may consider necessary for the public interest.

(7)

Emergency broadband benefit.— The term “emergency broadband benefit” means a monthly discount for an eligible household applied to the actual amount charged to such household, which shall be no more than the standard rate for an internet service offering and associated equipment, in an amount equal to such amount charged, but not more than $50, or, if an internet service offering is provided to an eligible household on Tribal land, not more than $75.

(8)

Emergency period.— The term “emergency period” means the period that—

(A)

begins on the date of the enactment of this Act; and

(B)

ends on the date that is 6 months after the date on which the determination by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) that a public health emergency exists as a result of COVID–19, including any renewal thereof, terminates.

(9)

Internet service offering.— The term “internet service offering” means, with respect to a broadband provider, broadband internet access service provided by such provider to a household, offered in the same manner, and on the same terms, as described in any of such provider’s offerings for broadband internet access service to such household, as on December 1, 2020.

(10)

National lifeline accountability database.— The term “National Lifeline Accountability Database” has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations (or any successor regulation).

(11)

National verifier.— The term “National Verifier” has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation.

(12)

Participating provider.— The term “participating provider” means a broadband provider that—

(A)

(i)

is designated as an eligible telecommunications carrier; or

(ii)

meets requirements established by the Commission for participation in the Emergency Broadband Benefit Program and is approved by the Commission under subsection (d)(2); and

(B)

elects to participate in the Emergency Broadband Benefit Program.

(13)

Standard rate.— The term “standard rate” means the monthly retail rate for the applicable tier of broadband internet access service as of December 1, 2020, excluding any taxes or other governmental fees.

(b)

Emergency Broadband Benefit Program.—

(1)

Establishment.— The Commission shall establish a program, to be known as the “Emergency Broadband Benefit Program”, under which the Commission shall, in accordance with this section, reimburse, using funds from the Emergency Broadband Connectivity Fund established in subsection (i), a participating provider for an emergency broadband benefit, or an emergency broadband benefit and a connected device, provided to an eligible household during the emergency period.

(2)

Verification of eligibility.— To verify whether a household is an eligible household, a participating provider shall—

(A)

use the National Verifier or National Lifeline Accountability Database;

(B)

rely upon an alternative verification process of the participating provider, if—

(i)

the participating provider submits information as required by the Commission regarding the alternative verification process prior to seeking reimbursement; and

(ii)

not later than 7 days after receiving the information required under clause (i), the Commission—

(I)

determines that the alternative verification process will be sufficient to avoid waste, fraud, and abuse; and

(II)

notifies the participating provider of the determination under subclause (I); or

(C)

rely on a school to verify the eligibility of a household based on the participation of the household in the free and reduced price lunch program or the school breakfast program described in subsection (a)(6)(B).

(3)

Use of national verifier and national lifeline accountability database.— The Commission shall—

(A)

expedite the ability of all participating providers to access the National Verifier and National Lifeline Accountability Database for purposes of determining whether a household is an eligible household, without regard to whether a participating provider is designated as an eligible telecommunications carrier; and

(B)

ensure that the National Verifier and National Lifeline Accountability Database approve an eligible household to receive the emergency broadband benefit not later than 2 days after the date of the submission of information necessary to determine if such household is an eligible household.

(4)

Reimbursement.— From the Emergency Broadband Connectivity Fund established in subsection (i), the Commission shall reimburse a participating provider in an amount equal to the emergency broadband benefit with respect to an eligible household that receives such benefit from such participating provider during the emergency period.

(5)

Reimbursement for connected device.— A participating provider that, during the emergency period, in addition to providing the emergency broadband benefit to an eligible household, supplies such household with a connected device may be reimbursed up to $100 from the Emergency Broadband Connectivity Fund established in subsection (i) for such connected device, if the charge to such eligible household is more than $10 but less than $50 for such connected device, except that a participating provider may receive reimbursement for no more than 1 connected device per eligible household.

(6)

Certification required.— To receive a reimbursement under paragraph (4) or (5), a participating provider shall certify to the Commission the following:

(A)

That the amount for which the participating provider is seeking reimbursement from the Emergency Broadband Connectivity Fund established in subsection (i) for providing an internet service offering to an eligible household is not more than the standard rate.

(B)

That each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering discounted by the emergency broadband benefit—

(i)

has not been and will not be charged—

(I)

for such offering, if the standard rate for such offering is less than or equal to the amount of the emergency broadband benefit for such household; or

(II)

more for such offering than the difference between the standard rate for such offering and the amount of the emergency broadband benefit for such household;

(ii)

will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract;

(iii)

was not, after the date of the enactment of this Act, subject to a mandatory waiting period for such internet service offering based on having previously received broadband internet access service from such participating provider; and

(iv)

will otherwise be subject to the participating provider’s generally applicable terms and conditions as applied to other customers.

(C)

That each eligible household for which the participating provider is seeking reimbursement for supplying such household with a connected device has not been and will not be charged $10 or less or $50 or more for such device.

(D)

A description of the process used by the participating provider to verify that a household is an eligible household, if the provider elects an alternative verification process under paragraph (2)(B), and that such verification process was designed to avoid waste, fraud, and abuse.

(7)

Audit requirements.— The Commission shall adopt audit requirements to ensure that participating providers are in compliance with the requirements of this section and to prevent waste, fraud, and abuse in the Emergency Broadband Benefit Program. A finding of waste, fraud, or abuse or an improper payment (as such term is defined in section 2(d) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note)) identified by the Commission or the Inspector General of the Commission shall include the following:

(A)

The name of the participating provider.

(B)

The amount of funding made available from the Emergency Broadband Connectivity Fund to the participating provider.

(C)

The amount of funding determined to be an improper payment to a participating provider.

(D)

A description of to what extent funding made available from the Emergency Broadband Connectivity Fund that was an improper payment was used for a reimbursement for a connected device or a reimbursement for an internet service offering.

(E)

Whether, in the case of a connected device, such device, or the value thereof, has been recovered.

(F)

Whether any funding from the Emergency Broadband Connectivity Fund was made available to a participating provider for an emergency broadband benefit for a person outside the eligible household.

(G)

Whether any funding from the Emergency Broadband Connectivity Fund was made available to reimburse a participating provider for an emergency broadband benefit made available to an eligible household in which all members of such household necessary to satisfy the eligibility requirements described in subsection (a)(6) were deceased.

(8)

Random audit required.— Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Commission shall conduct an audit of a representative sample of participating providers receiving reimbursements under the Emergency Broadband Benefit Program.

(9)

Notification of audit findings.— Not later than 7 days after a finding made by the Commission under the requirements of paragraph (7), the Commission shall notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with any information described in such paragraph that the Commission has obtained.

(10)

Expiration of program.— At the conclusion of the Emergency Broadband Benefit Program, any participating eligible households shall be subject to a participating provider’s generally applicable terms and conditions.

(c)

Regulations Required.—

(1)

In general.— Not later than 60 days after the date of the enactment of this Act, the Commission shall promulgate regulations to implement this section.

(2)

Comment periods.— As part of the rulemaking under paragraph (1), the Commission shall—

(A)

provide a 20-day public comment period that begins not later than 5 days after the date of the enactment of this Act;

(B)

provide a 20-day public reply comment period that immediately follows the period under subparagraph (A); and

(C)

during the comment periods under subparagraphs (A) and (B), seek comment on—

(i)

the provision of assistance from the Emergency Broadband Connectivity Fund established in subsection (i) consistent with this section; and

(ii)

other related matters.

(d)

Eligibility of Providers.—

(1)

Relation to eligible telecommunications carrier designation.— The Commission may not require a broadband provider to be designated as an eligible telecommunications carrier in order to be a participating provider.

(2)

Expedited approval process.—

(A)

In general.— The Commission shall establish an expedited process by which the Commission approves as participating providers broadband providers that are not designated as eligible telecommunications carriers and elect to participate in the Emergency Broadband Benefit Program.

(B)

Exception.— Notwithstanding subparagraph (A), the Commission shall automatically approve as a participating provider a broadband provider that has an established program as of April 1, 2020, that is widely available and offers internet service offerings to eligible households and maintains verification processes that are sufficient to avoid fraud, waste, and abuse.

(e)

Rule of Construction.— Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program governed by the rules set forth in subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation).

(f)

Part 54 Regulations.— Nothing in this section shall be construed to prevent the Commission from providing that the regulations in part 54 of title 47, Code of Federal Regulations, or any successor regulation, shall apply in whole or in part to the Emergency Broadband Benefit Program, shall not apply in whole or in part to such Program, or shall be modified in whole or in part for purposes of application to such Program.

(g)

Enforcement.— A violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under such Act. The Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 were incorporated into and made a part of this section.

(h)

Exemptions.—

(1)

Certain rulemaking requirements.— Section 553 of title 5, United States Code, shall not apply to a regulation promulgated under subsection (c) or a rulemaking proceeding to promulgate such a regulation.

(2)

Paperwork reduction act requirements.— A collection of information conducted or sponsored under the regulations required by subsection (c) shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act).

(i)

Emergency Broadband Connectivity Fund.—

(1)

Establishment.— There is established in the Treasury of the United States a fund to be known as the Emergency Broadband Connectivity Fund.

(2)

Appropriation.— There is appropriated to the Emergency Broadband Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $3,200,000,000 for fiscal year 2021, to remain available until expended.

(3)

Use of funds.— Amounts in the Emergency Broadband Connectivity Fund shall be available to the Commission for reimbursements to participating providers under this section, and the Commission may use not more than 2 percent of such amounts to administer the Emergency Broadband Benefit Program.

(4)

Relationship to universal service contributions.— Reimbursements provided under this section shall be provided from amounts made available under this subsection and not from contributions under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)).

(5)

Use of universal service administrative company permitted.— The Commission shall have the authority to avail itself of the services of the Universal Service Administrative Company to implement the Emergency Broadband Benefit Program, including developing and processing reimbursements and distributing funds to participating providers.

(j)

Safe Harbor.— The Commission may not enforce a violation of this section under section 501, 502, or 503 of the Communications Act of 1934 (47 U.S.C. 501; 502; 503), or any rules of the Commission promulgated under such sections of such Act, if a participating provider demonstrates to the Commission that such provider relied in good faith on information provided to such provider to make the verification required by subsection (b)(2).

SEC. 905. Grants for Broadband Connectivity.

(a)

Definitions.— In this section:

(1)

Assistant secretary.— The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.

(2)

Broadband or broadband service.— The term “broadband” or “broadband service” has the meaning given the term “broadband internet access service” in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.

(3)

Commission.— The term “Commission” means the Federal Communications Commission.

(4)

Covered broadband project.— The term “covered broadband project” means a competitively and technologically neutral project for the deployment of fixed broadband service that provides qualifying broadband service in an eligible service area.

(5)

Covered partnership.— The term “covered partnership” means a partnership between—

(A)

a State, or 1 or more political subdivisions of a State; and

(B)

a provider of fixed broadband service.

(6)

Department.— The term “Department” means the Department of Commerce.

(7)

Eligible service area.— The term “eligible service area” means a census block in which broadband service is not available at 1 or more households or businesses in the census block, as determined by the Assistant Secretary on the basis of—

(A)

the maps created under section 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)); or

(B)

if the maps described in subparagraph (A) are not available, the most recent information available to the Assistant Secretary, including information provided by the Commission.

(8)

Eligible entity.— The term “eligible entity” means—

(A)

a Tribal Government;

(B)

a Tribal College or University;

(C)

the Department of Hawaiian Home Lands on behalf of the Native Hawaiian Community, including Native Hawaiian Education Programs;

(D)

a Tribal organization; or

(E)

a Native Corporation.

(9)

Native corporation.— The term “Native Corporation” has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(10)

Native hawaiian.— The term “Native Hawaiian” has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221).

(11)

Qualifying broadband service.— The term “qualifying broadband service” means broadband service with—

(A)

a download speed of not less than 25 megabits per second;

(B)

an upload speed of not less than 3 megabits per second; and

(C)

a latency sufficient to support real-time, interactive applications.

(12)

Tribal government.— The term “Tribal Government” means the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually recognized (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

(13)

Tribal land.— The term “Tribal land” means—

(A)

any land located within the boundaries of—

(i)

an Indian reservation, pueblo, or rancheria; or

(ii)

a former reservation within Oklahoma;

(B)

any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—

(i)

in trust by the United States for the benefit of an Indian Tribe or an individual Indian;

(ii)

by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or

(iii)

by a dependent Indian community;

(C)

any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a));

(D)

Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); or

(E)

those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians.

(14)

Unserved.— The term “unserved”, with respect to a household, means—

(A)

the household lacks access to qualifying broadband service; and

(B)

no broadband provider has been selected to receive, or is otherwise receiving, Federal or State funding subject to enforceable build out commitments to deploy qualifying broadband service in the specific area where the household is located by dates certain, even if such service is not yet available, provided that the Federal or State agency providing the funding has not deemed the service provider to be in default of its buildout obligations under the applicable Federal or State program.

(b)

Direct Appropriation.— There is appropriated to the Assistant Secretary, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, to remain available until expended—

(1)

$1,000,000,000 for grants under subsection (c); and

(2)

$300,000,000 for grants under subsection (d).

(c)

Tribal Broadband Connectivity Program.—

(1)

Tribal broadband connectivity grants.— The Assistant Secretary shall use the funds made available under subsection (b)(1) to implement a program to make grants to eligible entities to expand access to and adoption of—

(A)

broadband service on Tribal land; or

(B)

remote learning, telework, or telehealth resources during the COVID–19 pandemic.

(2)

Grants.— From the amounts appropriated under subsection (b)(1), the Assistant Secretary shall award a grant to each eligible entity that submits an application that the Assistant Secretary approves after consultation with the Commission to prevent duplication of funding.

(3)

Allocations.—

(A)

Equitable distribution.— The amounts appropriated under subsection (b)(1) shall be made available to eligible entities on an equitable basis, and not less than 3 percent of those amounts shall be made available for the benefit of Native Hawaiians.

(B)

Administrative expenses of assistant secretary.— The Assistant Secretary may use not more than 2 percent of amounts appropriated under subsection (b)(1) for administrative purposes, including the provision of technical assistance to Tribal Governments to help those Governments take advantage of the program established under this subsection.

(4)

Use of grant funds.—

(A)

Commitment deadline.—

(i)

In general.— Not later than 180 days after receiving grant funds under this subsection, an eligible entity shall commit the funds in accordance with the approved application of the entity.

(ii)

Reversion of funds.— Any grant funds not committed by an eligible entity by the deadline under clause (i) shall revert to the general fund of the Treasury.

(B)

Expenditure deadline.—

(i)

In general.— Not later than 1 year after receiving grant funds under this subsection, an eligible entity shall expend the grant funds.

(ii)

Extensions for infrastructure projects.— The Assistant Secretary may extend the period under clause (i) for an eligible entity that proposes to use the grant funds for construction of broadband infrastructure if the eligible entity certifies that—

(I)

the eligible entity has a plan for use of the grant funds;

(II)

the construction project is underway; or

(III)

extenuating circumstances require an extension of time to allow the project to be completed.

(iii)

Reversion of funds.— Any grant funds not expended by an eligible entity by the deadline under clause (i) shall be made available to other eligible entities for the purposes provided in this subsection.

(5)

Eligible uses.— An eligible entity may use grant funds made available under this subsection for—

(A)

broadband infrastructure deployment, including support for the establishment of carrier-neutral submarine cable landing stations;

(B)

affordable broadband programs, including—

(i)

providing free or reduced-cost broadband service; and

(ii)

preventing disconnection of existing broadband service;

(C)

distance learning;

(D)

telehealth;

(E)

digital inclusion efforts; and

(F)

broadband adoption activities.

(6)

Administrative expenses of eligible entities.— An eligible entity may use not more than 2 percent of grant funds received under this subsection for administrative purposes.

(7)

Subgrantees.—

(A)

In general.— An eligible entity may enter into a contract with a subgrantee, including a non-Tribal entity, as part of its use of grant funds pursuant to this subsection.

(B)

Requirements.— An eligible entity that enters into a contract with a subgrantee for use of grant funds received under this subsection shall—

(i)

before entering into the contract, after a reasonable investigation, make a determination that the subgrantee—

(I)

is capable of carrying out the project for which grant funds will be provided in a competent manner in compliance with all applicable laws;

(II)

has the financial capacity to meet the obligations of the project and the requirements of this subsection; and

(III)

has the technical and operational capability to carry out the project; and

(ii)

stipulate in the contract reasonable provisions for recovery of funds for nonperformance.

(8)

Broadband infrastructure deployment.— In using grant funds received under this subsection for new construction of broadband infrastructure, an eligible entity shall prioritize projects that deploy broadband infrastructure to unserved households.

(d)

Broadband Infrastructure Program.—

(1)

Broadband infrastructure deployment grants.— The Assistant Secretary shall use the funds made available under subsection (b)(2) to implement a program under which the Assistant Secretary makes grants on a competitive basis to covered partnerships for covered broadband projects.

(2)

Mapping.—

(A)

Data from commission.— Not less frequently than annually, the Commission shall, through the process established under section 802(b)(7)) of the Communications Act of 1934 (47 U.S.C. 642(b)(7)), provide the Assistant Secretary any data collected by the Commission pursuant to title VIII of that Act (47 U.S.C. 641 et seq.).

(B)

Use by assistant secretary.— The Assistant Secretary shall rely on the data provided under subparagraph (A) in carrying out this subsection to the greatest extent practicable.

(3)

Eligibility requirements.— To be eligible for a grant under this subsection, a covered partnership shall submit an application at such time, in such manner, and containing such information as the Assistant Secretary may require, which application shall, at a minimum, include a description of—

(A)

the covered partnership;

(B)

the covered broadband project to be funded by the grant, including—

(i)

the speed or speeds at which the covered partnership plans to offer broadband service; and

(ii)

the cost of the project;

(C)

the area to be served by the covered broadband project (in this paragraph referred to as the “proposed service area”);

(D)

any support provided to the provider of broadband service that is part of the covered partnership through—

(i)

any grant, loan, or loan guarantee provided by a State to the provider of broadband service for the deployment of broadband service in the proposed service area;

(ii)

any grant, loan, or loan guarantee with respect to the proposed service area provided by the Secretary of Agriculture—

(I)

under title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.), including—

(aa)

any program to provide grants, loans, or loan guarantees under sections 601 through 603 of that Act (7 U.S.C. 950bb et seq.); and

(bb)

the Community Connect Grant Program established under section 604 of that Act (7 U.S.C. 950bb–3); or

(II)

the broadband loan and grant pilot program known as the “Rural eConnectivity Pilot Program” or the “ReConnect Program” authorized under section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 348);

(iii)

any high-cost universal service support provided under section 254 of the Communications Act of 1934 (47 U.S.C. 254);

(iv)

any grant provided under section 6001 of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305);

(v)

amounts made available for the Education Stabilization Fund under the heading “DEPARTMENT OF EDUCATION” in title VIII of division B of the CARES Act (Public Law 116–136; 134 Stat. 564); or

(vi)

any other grant, loan, or loan guarantee provided by the Federal Government for the provision of broadband service.

(4)

Priority.— In awarding grants under this subsection, the Assistant Secretary shall give priority to applications for covered broadband projects as follows, in decreasing order of priority:

(A)

Covered broadband projects designed to provide broadband service to the greatest number of households in an eligible service area.

(B)

Covered broadband projects designed to provide broadband service in an eligible service area that is wholly within any area other than—

(i)

a county, city, or town that has a population of more than 50,000 inhabitants; and

(ii)

the urbanized area contiguous and adjacent to a city or town described in clause (i).

(C)

Covered broadband projects that are the most cost-effective, prioritizing such projects in areas that are the most rural.

(D)

Covered broadband projects designed to provide broadband service with a download speed of not less than 100 megabits per second and an upload speed of not less than 20 megabits per second.

(E)

Any other covered broadband project that meets the requirements of this subsection.

(5)

Expenditure deadline.—

(A)

In general.— Not later than 1 year after receiving grant funds under this subsection, a covered partnership shall expend the grant funds.

(B)

Extensions.— The Assistant Secretary may extend the period under subparagraph (A) for a covered partnership that proposes to use the grant funds for construction of broadband infrastructure if the covered partnership certifies that—

(i)

the covered partnership has a plan for use of the grant funds;

(ii)

the construction project is underway; or

(iii)

extenuating circumstances require an extension of time to allow the project to be completed.

(C)

Reversion of funds.— Any grant funds not expended by an covered partnership by the deadline under subparagraph (A) shall be made available to other covered partnerships for the purposes provided in this subsection.

(6)

Grant conditions.—

(A)

Prohibitions.— As a condition of receiving a grant under this subsection, the Assistant Secretary shall prohibit a provider of broadband service that is part of a covered partnership receiving the grant—

(i)

from using the grant amounts to repay, or make any other payment relating to, a loan made by any public or private lender;

(ii)

from using grant amounts as collateral for a loan made by any public or private lender; and

(iii)

from using more than $50,000 of the grant amounts to pay for the preparation of the grant.

(B)

Nondiscrimination.— The Assistant Secretary may not require a provider of broadband service that is part of a covered partnership to be designated as an eligible telecommunications carrier pursuant to section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)) to be eligible to receive a grant under this subsection or as a condition of receiving a grant under this subsection.

(e)

Implementation.—

(1)

Requirements; outreach.— Not earlier than 30 days, and not later than 60 days, after the date of enactment of this Act, the Assistant Secretary shall—

(A)

issue a notice inviting eligible entities and covered partnerships to submit applications for grants under this section, which shall contain details about how awarding decisions will be made; and

(B)

outline—

(i)

the requirements for applications for grants under this section; and

(ii)

the allowed uses of grant funds awarded under this section.

(2)

Applications.—

(A)

Submission.— During the 90-day period beginning on the date on which the Assistant Secretary issues the notice under paragraph (1), an eligible entity or covered partnership may submit an application for a grant under this section.

(B)

Processing.—

(i)

In general.— Not later than 90 days after receiving an application under subparagraph (A), the Assistant Secretary shall approve or deny the application.

(ii)

Denial.— The Assistant Secretary may deny an application submitted under subparagraph (A) only if—

(I)

the Assistant Secretary provides the applicant an opportunity to cure any defects in the application; and

(II)

after receiving the opportunity under subclause (I), the applicant still fails to meet the requirements of this section.

(C)

Single application.— An eligible entity or covered partnership may submit only 1 application under this paragraph.

(D)

Proposed use of funds.— An application submitted by an eligible entity or a covered partnership under this paragraph shall describe each proposed use of grant funds.

(E)

Allocation of funds.— Not later than 14 days after approving an application for a grant under this paragraph, the Assistant Secretary shall allocate the grant funds to the eligible entity or covered partnership.

(F)

Treatment of unallocated funds.—

(i)

In general.— If an eligible entity or covered partnership does not submit an application by the deadline under subparagraph (A), or the Assistant Secretary does not approve an application submitted by an eligible entity or a covered partnership under that subparagraph, the Assistant Secretary shall make the amounts allocated for, as applicable—

(I)

the eligible entity under subsection (c) available to other eligible entities on an equitable basis; or

(II)

the covered partnership under subsection (d) to other covered partnerships.

(ii)

Second process.— The Assistant Secretary shall initiate a second notice and application process described in this subsection to reallocate any funds made available to other eligible entities or covered partnerships under clause (i).

(3)

Transparency, accountability, and oversight required.— In implementing this section, the Assistant Secretary shall adopt measures, including audit requirements, to—

(A)

ensure sufficient transparency, accountability, and oversight to provide the public with information regarding the award and use of grant funds under this section;

(B)

ensure that a recipient of a grant under this section uses the grant funds in compliance with the requirements of this section and the overall purpose of the applicable grant program under this section; and

(C)

deter waste, fraud, and abuse of grant funds.

(4)

Prohibition on use for covered communications equipment or services.— An eligible entity or covered partnership may not use grant funds received under this section to purchase or support any covered communications equipment or service (as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608)).

(5)

Unauthorized use of funds.— To the extent that the Assistant Secretary or the Inspector General of the Department determines that an eligible entity or covered partnership has expended grant funds received under this section in violation of this section, the Assistant Secretary shall recover the amount of funds that were so expended.

(f)

Reporting.—

(1)

Eligible entities and covered partnerships.—

(A)

Annual report.— Not later than 1 year after receiving grant funds under this section, and annually thereafter until the funds have been expended, an eligible entity or covered partnership shall submit to the Assistant Secretary a report, with respect to the 1-year period immediately preceding the report date, that—

(i)

describes how the eligible entity or covered partnership expended the funds;

(ii)

certifies that the eligible entity or covered partnership complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary, including—

(I)

a description of each service provided with the grant funds; and

(II)

the number of locations or geographic areas at which broadband service was provided using the grant funds; and

(iii)

identifies each subgrantee that received a subgrant from the eligible entity or covered partnership and a description of the specific project for which grant funds were provided.

(B)

Provision of information to fcc and usda.— The Assistant Secretary shall provide the information collected under subparagraph (A) to the Commission and the Department of Agriculture to be used when determining whether to award funds for the deployment of broadband under any program administered by those agencies.

(C)

Transmission of reports to congress.— Not later than 5 days after receiving a report from an eligible entity under subparagraph (A), the Assistant Secretary shall transmit the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.

(2)

Inspector general and gao.— Not later than 6 months after the date on which the first grant is awarded under this section, and every 6 months thereafter until all of the grant funds awarded under this section are expended, the Inspector General of the Department and the Comptroller General of the United States shall each submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that reviews the grants awarded under this section during the preceding 6-month period. Each such report shall include recommendations to address waste, fraud, and abuse, if any.

(g)

Impact on Other Federal Broadband Programs.— The use of grant funds received under this section by an eligible entity, covered partnership, or subgrantee shall not impact the eligibility of, or otherwise disadvantage, the eligible entity, covered partnership, or subgrantee with respect to participation in any other Federal broadband program.

SEC. 906. Appropriations for Federal Communications Commission Activities.

There is appropriated to the Federal Communications Commission, out of amounts in the Treasury not otherwise appropriated, for fiscal year 2021, to remain available until expended—

(1)

$65,000,000 to carry out title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); and

(2)

$1,900,000,000 to carry out the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.), of which $1,895,000,000 shall be used to carry out the program established under section 4 of that Act (47 U.S.C. 1603).

TITLE X Miscellaneous

SEC. 1001. Coronavirus Relief Fund Extension.

Section 601(d)(3) of the Social Security Act (42 U.S.C. 801(d)(3)) is amended by striking “ December 30, 2020” and inserting “ December 31, 2021”.

SEC. 1002. Contractor Pay.

Section 3610 of division A of the CARES Act (Public Law 116–136) shall be applied by substituting “March 31, 2021” for “September 30, 2020”.

SEC. 1003. Rescissions.

(a)

Exchange Stabilization Fund.—

(1)

Immediate rescission.— Of the unobligated balances made available under section 4027 of the CARES Act (15 U.S.C. 9061), $429,000,000,000 shall be permanently rescinded on the date of enactment of this Act.

(2)

Subsequent rescission of remaining funds.—

(A)

In general.— Except as provided in subparagraph (C), any remaining unobligated balances made available under section 4027 of the CARES Act (15 U.S.C. 9061) shall be permanently rescinded on January 9, 2021.

(B)

Applicability.— Notwithstanding the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) or any other provision of law, the rescission in subparagraph (A) shall apply to—

(i)

the obligated but not disbursed credit subsidy cost of all loans, loan guarantees, and other investments that the Secretary of the Treasury has made or committed to make under section 4003(b)(4) of the CARES Act (15 U.S.C. 9042(b)(4)); and

(ii)

the obligated and disbursed credit subsidy cost of all loans, loan guarantees, and other investments that—

(I)

the Secretary of the Treasury has made or committed to make under section 4003(b)(4) of the CARES Act (15 U.S.C. 9042(b)(4)); and

(II)

are not needed to meet the commitments, as of January 9, 2021, of the programs and facilities established under section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) in which the Secretary of the Treasury has made or committed to make a loan, loan guarantee, or other investment using funds appropriated under section 4027 of the CARES Act (15 U.S.C. 9061).

(C)

Exceptions.—

(i)

Administrative expenses.— The $100,000,000 made available under section 4003(f) of the CARES Act (15 U.S.C. 9042(f)) to pay costs and administrative expenses—

(I)

shall not be rescinded under this paragraph; and

(II)

shall be used exclusively for the specific purposes described in that section.

(ii)

Special inspector general for pandemic recovery.— The $25,000,000 made available under section 4018(g) of the CARES Act (15 U.S.C. 9053(g)) for the Special Inspector General for Pandemic Recovery—

(I)

shall not be rescinded under this paragraph; and

(II)

shall be used exclusively for the specific purposes described in that section.

(iii)

Congressional oversight commission.— Of the amounts made available under section 4027 of the CARES Act (15 U.S.C. 9061) for the Congressional Oversight Commission established under section 4020 of that Act (15 U.S.C. 9055), $5,000,000—

(I)

shall not be rescinded under this paragraph; and

(II)

shall be used exclusively for the expenses of the Congressional Oversight Commission set forth in section 4020(g)(2) of that Act.

(b)

Loans, Loan Guarantees, and Other Investments.—

(1)

In general.— Effective on January 9, 2021, section 4003 of the CARES Act (15 U.S.C. 9042) is amended—

(A)

in subsection (a), by striking “ $500,000,000,000” and inserting “ $0”; and

(B)

in subsection (b)—

(i)

in paragraph (1), by striking “ 25,000,000,000” and inserting “ 0”;

(ii)

in paragraph (2), by striking “ $4,000,000,000” and inserting “ 0”;

(iii)

in paragraph (3), by striking “ $17,000,000,000” and inserting “ 0”; and

(iv)

in paragraph (4), in the matter preceding subparagraph (A), by striking “ $454,000,000,000” and inserting “ $0”.

(2)

Rule of construction.— The amendments made under paragraph (1) shall not be construed to affect obligations incurred by the Department of the Treasury before January 1, 2021.

SEC. 1004. Emergency Relief and Taxpayer Protections.

Section 4003(e) of the CARES Act (15 U.S.C. 9042(e)) is amended, in the matter preceding paragraph (1), by striking “ Amounts” and inserting “ Notwithstanding any other provision of law, amounts”.

SEC. 1005. Termination of Authority.

Section 4029 of the CARES Act (15 U.S.C. 9063) is amended—

(1)

in subsection (a), by striking “ new”;

(2)

in subsection (b)(1), in the matter preceding subparagraph (A), by striking “ , loan guarantee, or other investment” and inserting “ or loan guarantee made under paragraph (1), (2), or (3) of section 4003(b)”; and

(3)

by adding at the end the following:

“(c) Federal Reserve Programs or Facilities.—

“(1) In general.—After December 31, 2020, the Board of Governors of the Federal Reserve System and the Federal Reserve banks shall not make any loan, purchase any obligation, asset, security, or other interest, or make any extension of credit through any program or facility established under section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) in which the Secretary made a loan, loan guarantee, or other investment pursuant to section 4003(b)(4), other than a loan submitted, on or before December 14, 2020, to the Main Street Lending Program’s lender portal for the sale of a participation interest in such loan, provided that the Main Street Lending Program purchases a participation interest in such loan on or before January 8, 2021 and under the terms and conditions of the Main Street Lending Program as in effect on the date the loan was submitted to the Main Street Lending Program’s lender portal for the sale of a participation interest in such loan.

“(2) No modification.—After December 31, 2020, the Board of Governors of the Federal Reserve System and the Federal Reserve banks—

“(A) shall not modify the terms and conditions of any program or facility established under section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) in which the Secretary made a loan, loan guarantee, or other investment pursuant to section 4003(b)(4), including by authorizing transfer of such funds to a new program or facility established under section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)); and

“(B) may modify or restructure a loan, obligation, asset, security, other interest, or extension of credit made or purchased through any such program or facility provided that—

“(i) the loan, obligation, asset, security, other interest, or extension of credit is an eligible asset or for an eligible business, including an eligible nonprofit organization, each as defined by such program or facility; and

“(ii) the modification or restructuring relates to an eligible asset or single and specific eligible business, including an eligible nonprofit organization, each as defined by such program or facility; and

“(iii) the modification or restructuring is necessary to minimize costs to taxpayers that could arise from a default on the loan, obligation, asset, security, other interest, or extension of credit.

“(3) Use of funds.—

“(A) In general.—Except as provided in subparagraph (B), the Secretary is permitted to use the fund established under section 5302 of title 31, United States Code, for any purpose permitted under that section.

“(B) Exception.—The fund established under section 5302 of title 31, United States Code, shall not be available for any program or facility established under section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) that is the same as any such program or facility in which the Secretary made an investment pursuant to section 4003(b)(4), except the Term Asset-Backed Securities Loan Facility.”

SEC. 1006. Rule of Construction.

Except as expressly set forth in paragraphs (1) and (2) of subsection (c) of section 4029 of the CARES Act, as added by this Act, nothing in this Act shall be construed to modify or limit the authority of the Board of Governors of the Federal Reserve System under section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) as of the day before the date of enactment of the CARES Act (Public Law 116–136).