,,ii ,calendar ,no4 #efd #aafth ,,congress #b;d ,session ,s4 #dgge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj 7legislative day1 ,september #bi71 #bjbj,mr4 ,mc,connell introduced the following bill2 which was read the first time ,october #a1 #bjbj,read the second time and placed on the calendar ,a ,,bill ,to provide continued emergency assistance1 educational support1 and health care response for individuals1 families1 and businesses affected by the #bjbj coronavirus pandemic4 #a4 ,short title ,this ,act may be cited as the ,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,references4,,division ,a--,liability protections1 continued relief for small businesses and workers1 public health enhancements1 and educational support,t,i,t,l,e ,i--,sunsets and offsets,sec4 #ajja4 ,emergency relief and taxpayer protections4,sec4 #ajjb4 ,direct appropriation4,sec4 #ajjc4 ,termination of authority4,sec4 #ajjd4 ,rescissions4,,title ,,ii--,coronavirus liability relief,sec4 #bjja4 ,short title4,sec4 #bjjb4 ,findings and purposes4,sec4 #bjjc4 ,definitions4,subtitle ,a--,liability relief,p,a,r,t ,i--,liability limitations for individuals and entities engaged in businesses1 services1 activities1 or accommodations,sec4 #baba4 ,application of part4,sec4 #babb4 ,liability2 safe harbor4,,part ,,ii--,liability limitations for health care providers,sec4 #bada4 ,application of part4,sec4 #badb4 ,liability for health care professionals and health care facilities during coronavirus public health emergency4,,part ,,iii--,substantive and procedural provisions for coronavirus-related actions generally,sec4 #bafa4 ,jurisdiction4,sec4 #bafb4 ,limitations on suits4,sec4 #bafc4 ,procedures for suit in district courts of the united states4,sec4 #bafd4 ,demand letters2 cause of action4,,part ,,iv--,relation to labor and employment laws,sec4 #baha4 ,limitation on violations under specific laws4,sec4 #bahb4 ,liability for conducting testing at workplace4,sec4 #bahc4 ,joint employment and independent contracting4,sec4 #bahd4 ,exclusion of certain notification requirements as a result of the ,,covid-#ai public health emergency4,subtitle ,b--,products,sec4 #bbja4 ,applicability of the targeted liability protections for pandemic and epidemic products and security countermeasures with respect to covid-#ai4,subtitle ,c--,general provisions,sec4 #bcja4 ,severability4,,title ,,iii--,assistance for ,american families,sec4 #cjja4 ,short title4,sec4 #cjjb4 ,extension of the ,federal ,pandemic ,unemployment ,compensation program4,,title ,,iv--,small business programs,sec4 #djja4 ,small business recovery4,,title ,v--,postal ,service assistance,sec4 #ejja4 ,,covid-#ai funding for the ,united ,states ,postal ,service4,,title ,,vi--,educational support and child care,subtitle ,a--,emergency education freedom grants2 tax credits for contributions to eligible scholarship-granting organizations,sec4 #fjja4 ,emergency education freedom grants4,sec4 #fjjb4 ,tax credits for contributions to eligible scholarship-granting organizations4,sec4 #fjjc4 ,education ,freedom ,scholarships web portal and administration4,sec4 #fjjd4 #ebi account funding for homeschool and additional elementary and secondary expenses4,subtitle ,b--,back to ,work ,child ,care grants,sec4 #faja4 ,back to ,work ,child ,care grants4,,title ,,vii--,pandemic preparation and strategic stockpile,sec4 #gjja4 ,sustained on-shore manufacturing capacity for public health emergencies4,sec4 #gjjb4 ,improving and sustaining ,state medical stockpiles4,sec4 #gjjc4 ,strengthening the ,strategic ,national ,stockpile4,,title ,,viii--,coronavirus ,relief ,fund extension,sec4 #hjja4 ,extension of period to use ,coronavirus ,relief ,fund payments4,,title ,,ix--,charitable giving,sec4 #ijja4 ,increase in limitation on partial above the line deduction for charitable contributions4,,title ,x--,critical minerals,sec4 #ajjja4 ,mineral security4,sec4 #ajjjb4 ,rare earth element advanced coal technologies4,,title ,,xi--,miscellaneous provisions,sec4 #aajja4 ,emergency designation4,,division ,b--,coronavirus ,response ,additional ,supplemental ,appropriations ,act1 #bjbj #c4 ,references ,except as expressly provided otherwise1 any reference to this ,act contained in any division of this ,act shall be treated as referring only to the provisions of that division4 ,a ,liability protections1 continued relief for small businesses and workers1 public health enhancements1 and educational support ,i ,sunsets and offsets #ajja4 ,emergency relief and taxpayer protections ,section #djjc of the ,,cares ,act 7#ae ,u4,s4,c4 #ijfa7 is amended in subsection 7e7 by striking ,amounts and inserting ,notwithstanding any other provision of law1 amounts4 #ajjb4 ,direct appropriation ,section #djbg of the ,,cares ,act 7#ae ,u4,s4,c4 #ijfc7 is amended by adding at the end the following3 7d7 ,reduction ,the appropriation made under this section shall be reduced1 on ,january #ai1 #bjba1 by an amount equal to the difference between #ded1jjj1jjj1jjj and the aggregate amount of loans1 loan guarantees1 and other investments that the ,secretary has made or committed to make under section #djjc7;b77#d7 as of such date4 4 #ajjc4 ,termination of authority ,section #djbi of the ,,cares ,act 7#ae ,u4,s4,c4 #ijfc7 is amended by adding at the end the following3 7c7 ,federal reserve programs or facilities 7#a7 ,in general ,notwithstanding any other provision of law1 after ,january #d1 #bjba1 the ,board of ,governors of the ,federal ,reserve ,system and the ,federal ,reserve banks shall not make any loan1 purchase any obligation1 asset1 security1 or other interest1 or make any extension of credit through any program or facility established under section #ac7c7 of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #cdc7c77 in which the ,secretary made a loan1 loan guarantee1 or other investment using funds appropriated under section #djbg1 other than any such loan1 purchase1 or extension of credit for which a complete application was submitted on or before ,january #d1 #bjba1 provided that such loan1 purchase1 or extension of credit is made on or before ,january #ah1 #bjba1 and under the terms and conditions of the program or facility as in effect on the date the complete application was submitted4 7#b7 ,no modification ,on or after ,january #ai1 #bjba1 the ,board of ,governors of the ,federal ,reserve ,system and the ,federal ,reserve banks shall not modify the terms and conditions of any program or facility established under section #ac7c7 of the ,federal ,reserve ,act 7#ab ,u4,s4,c4 #cdc7c77 in which the ,secretary made a loan1 loan guarantee1 or other investment using funds appropriated under section #djbg1 but may modify or restructure a loan1 obligation1 asset1 security1 or other interest1 or extension of credit made or purchased through any such program or facility provided that-- 7,a7 the loan1 obligation1 asset1 security1 or other interest1 or extension of credit is for an eligible business1 including an eligible nonprofit organization2 and 7,b7 the modification or restructuring relates to a single and specific eligible business1 including an eligible nonprofit organization2 and 7,c7 the modification or restructuring is necessary to minimize costs to taxpayers that could arise from a default on the loan1 obligation1 asset1 security1 or other interest1 or extension of credit4 4 #ajjd4 ,rescissions 7a7 ,,ppp and subsidy for certain loan payments ,of the unobligated balances in the appropriations account under the heading ,small ,business ,administration--,business ,loans ,program ,account1 ,,cares ,act as of the day before the date of enactment of this ,act1 effective on the date of enactment of this ,act #adf1jjj1jjj1jjj shall be rescinded and deposited into the general fund of the ,treasury4 7b7 ,exchange stabilization fund ,section #djjc of the ,,cares ,act 7#ae ,u4,s4,c4 #ijdb7 is amended-- 7#a7 in subsection 7a71 by striking #ejj1jjj1jjj1jjj and inserting #bif1jjj1jjj1jjj2 and 7#b7 in subsection 7b77#d71 in the matter preceding subparagraph 7,a71 by striking #ded1jjj1jjj1jjj and inserting #bej1jjj1jjj1jjj4 ,,ii ,coronavirus liability relief #bjja4 ,short title ,this title may be cited as the ,safeguarding ,america's ,frontline ,employees ,to ,offer ,work ,opportunities ,required to ,kickstart the ,economy ,act or the ,,safe ,,to ,,work ,act4 #bjjb4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,the ,,sars-,co,v-#b virus that originated in ,china and causes the disease ,,covid-#ai has caused untold misery and devastation throughout the world1 including in the ,united ,states4 7#b7 ,for months1 frontline health care workers and health care facilities have fought the virus with courage and resolve4 ,they did so at first with very little information about how to treat the virus and developed strategies to save lives of the people of the ,united ,states in real time4 ,they risked their personal health and wellbeing to protect and treat their patients4 7#c7 ,businesses in the ,united ,states kicked into action to produce and procure personal protective equipment1 such as masks1 gloves1 face shields1 and hand sanitizer1 and other necessary medical supplies1 such as ventilators1 at unprecedented rates4 7#d7 ,to halt the spread of the disease1 ,state and local governments took drastic measures4 ,they shut down small and large businesses1 schools1 colleges and universities1 religious1 philanthropic and other nonprofit institutions1 and local government agencies4 ,they ordered people to remain in their homes4 7#e7 ,this standstill was needed to slow the spread of the virus4 ,but it devastated the economy of the ,united ,states4 ,the sum of hundreds of local-level and ,state-level decisions to close nearly every space in which people might gather brought interstate commerce nearly to a halt4 7#f7 ,this halt led to the loss of millions of jobs4 ,these lost jobs were not a natural consequence of the economic environment1 but rather the result of a drastic1 though temporary1 response to the unprecedented nature of this global pandemic4 7#g7 ,congress passed a series of statutes to address the health care and economic crises--the ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj 7,public ,law #aaf-abc2 #acd ,stat4 #adf71 the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg2 #acd ,stat4 #agh71 the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act or the ,,cares ,act 7,public ,law #aaf-acf71 and the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci2 #acd ,stat4 #fbj74 ,in these laws ,congress exercised its power under the ,commerce and ,spending ,clauses of the ,constitution of the ,united ,states to direct trillions of taxpayer dollars toward efforts to aid workers1 businesses1 ,state and local governments1 health care workers1 and patients4 7#h7 ,this legislation provided short-term insulation from the worst of the economic storm1 but these laws alone cannot protect the ,united ,states from further devastation4 ,only reopening the economy so that workers can get back to work and students can get back to school can accomplish that goal4 7#i7 ,the ,constitution of the ,united ,states specifically enumerates the legislative powers of ,congress4 ,one of those powers is the regulation of interstate commerce4 ,the ,government is not a substitute for the economy1 but it has the authority and the duty to act when interstate commerce is threatened and damaged4 ,as applied to the present crisis1 ,congress can deploy its power over interstate commerce to promote a prudent reopening of businesses and other organizations that serve as the foundation and backbone of the national economy and of commerce among the ,states4 ,these include small and large businesses1 schools 7which are substantial employers in their own right and provide necessary services to enable parents and other caregivers to return to work71 colleges and universities 7which are substantial employers and supply the interstate market for higher-education services71 religious1 philanthropic and other nonprofit institutions 7which are substantial employers and provide necessary services to their communities71 and local government agencies4 7#aj7 ,congress must also ensure that the ,nation's health care workers and health care facilities are able to act fully to defeat the virus4 7#aa7 ,congress must also safeguard its investment of taxpayer dollars under the ,,cares ,act and other coronavirus legislation4 ,congress must ensure that those funds are used to help businesses and workers survive and recover from the economic crisis1 and to help health care workers and health care facilities defeat the virus4 ,,cares ,act funds cannot be diverted from these important purposes to line the pockets of the trial bar4 7#ab7 ,one of the chief impediments to the continued flow of interstate commerce as this public-health crisis has unfolded is the risk of litigation4 ,small and large businesses1 schools1 colleges and universities1 religious1 philanthropic and other nonprofit institutions1 and local government agencies confront the risk of a tidal wave of lawsuits accusing them of exposing employees1 customers1 students1 and worshipers to coronavirus4 ,health care workers face the threat of lawsuits arising from their efforts to fight the virus4 7#ac7 ,they confront this litigation risk even as they work tirelessly to comply with the coronavirus guidance1 rules1 and regulations issued by local governments1 ,state governments1 and the ,federal ,government4 ,they confront this risk notwithstanding equipment and staffing shortages4 ,and they confront this risk while also grappling with constantly changing information on how best to protect employees1 customers1 students1 and worshipers from the virus1 and how best to treat it4 7#ad7 ,these lawsuits pose a substantial risk to interstate commerce because they threaten to keep small and large businesses1 schools1 colleges and universities1 religious1 philanthropic and other nonprofit institutions1 and local government agencies from reopening for fear of expensive litigation that might prove to be meritless4 ,these lawsuits further threaten to undermine the ,nation's fight against the virus by exposing our health care workers and health care facilities to liability for difficult medical decisions they have made under trying and uncertain circumstances4 7#ae7 ,these lawsuits also risk diverting taxpayer money provided under the ,,cares ,act and other coronavirus legislation from its intended purposes to the pockets of opportunistic trial lawyers4 7#af7 ,this risk is not purely local4 ,it is necessarily national in scale4 ,a patchwork of local and ,state rules governing liability in coronavirus-related lawsuits creates tremendous unpredictability for everyone participating in interstate commerce and acts as a significant drag on national recovery4 ,the aggregation of each individual potential liability risk poses a substantial and unprecedented threat to interstate commerce4 7#ag7 ,the accumulated economic risks for these potential defendants directly and substantially affects interstate commerce4 ,individuals and entities potentially subject to coronavirus-related liability will structure their decisionmaking to avoid that liability4 ,small and large businesses1 schools1 colleges and universities1 religious1 philanthropic and other nonprofit institutions1 and local government agencies may decline to reopen because of the risk of litigation4 ,they may limit their output or engagement with customers and communities to avoid the risk of litigation4 ,these individual economic decisions substantially affect interstate commerce because1 as a whole1 they will prevent the free and fair exchange of goods and services across ,state lines4 ,such economic activity that1 individually and in the aggregate1 substantially affects interstate commerce is precisely the sort of conduct that should be subject to congressional regulation4 7#ah7 ,lawsuits against health care workers and facilities pose a similarly dangerous risk to interstate commerce4 ,interstate commerce will not truly rebound from this crisis until the virus is defeated1 and that will not happen unless health care workers and facilities are free to combat vigorously the virus and treat patients with coronavirus and those otherwise impacted by the response to coronavirus4 7#ai7 ,subjecting health care workers and facilities to onerous litigation even as they have done their level best to combat a virus about which very little was known when it arrived in the ,united ,states would divert important health care resources from hospitals and providers to courtrooms4 7#bj7 ,such a diversion would substantially affect interstate commerce by degrading the national capacity for combating the virus and saving patients1 thereby substantially elongating the period before interstate commerce could fully re-engage4 7#ba7 ,congress also has the authority to determine the jurisdiction of the courts of the ,united ,states1 to set the standards for causes of action they can hear1 and to establish the rules by which those causes of action should proceed4 ,congress therefore must act to set rules governing liability in coronavirus-related lawsuits4 7#bb7 ,these rules necessarily must be temporary and carefully tailored to the interstate crisis caused by the coronavirus pandemic4 ,they must extend no further than necessary to meet this uniquely national crisis for which a patchwork of ,state and local tort laws are ill-suited4 7#bc7 ,because of the national scope of the economic and health care dangers posed by the risks of coronavirus-related lawsuits1 establishing temporary rules governing liability for certain coronavirus-related tort claims is a necessary and proper means of carrying into execution ,congress's power to regulate commerce among the several ,states4 7#bd7 ,because ,congress must safeguard the investment of taxpayer dollars it made in the ,,cares ,act and other coronavirus legislation1 and ensure that they are used for their intended purposes and not diverted for other purposes1 establishing temporary rules governing liability for certain coronavirus-related tort claims is a necessary and proper means of carrying into execution ,congress's power to provide for the general welfare of the ,united ,states4 7b7 ,purposes ,pursuant to the powers delegated to ,congress by article ,i1 section #h1 clauses #a1 #c1 #i1 and #ah1 and article ,,iii1 section #b1 clause #a of the ,constitution of the ,united ,states1 the purposes of this title are to-- 7#a7 establish necessary and consistent standards for litigating certain claims specific to the unique coronavirus pandemic2 7#b7 prevent the overburdening of the court systems with undue litigation2 7#c7 encourage planning1 care1 and appropriate risk management by small and large businesses1 schools1 colleges and universities1 religious1 philanthropic and other nonprofit institutions1 local government agencies1 and health care providers2 7#d7 ensure that the ,nation's recovery from the coronavirus economic crisis is not burdened or slowed by the substantial risk of litigation2 7#e7 prevent litigation brought to extract settlements and enrich trial lawyers rather than vindicate meritorious claims2 7#f7 protect interstate commerce from the burdens of potentially meritless litigation2 7#g7 ensure the economic recovery proceeds without artificial and unnecessary delay2 7#h7 protect the interests of the taxpayers by ensuring that emergency taxpayer support continues to aid businesses1 workers1 and health care providers rather than enrich trial lawyers2 and 7#i7 protect the highest and best ideals of the national economy1 so businesses can produce and serve their customers1 workers can work1 teachers can teach1 students can learn1 and believers can worship4 #bjjc4 ,definitions ,in this title3 7#a7 ,applicable government standards and guidance ,the term applicable government standards and guidance means-- 7,a7 any mandatory standards or regulations specifically concerning the prevention or mitigation of the transmission of coronavirus issued by the ,federal ,government1 or a ,state or local government with jurisdiction over an individual or entity1 whether provided by executive1 judicial1 or legislative order2 and 7,b7 with respect to an individual or entity that1 at the time of the actual1 alleged1 feared1 or potential for exposure to coronavirus is not subject to any mandatory standards or regulations described in subparagraph 7,a71 any guidance1 standards1 or regulations specifically concerning the prevention or mitigation of the transmission of coronavirus issued by the ,federal ,government1 or a ,state or local government with jurisdiction over the individual or entity4 7#b7 ,businesses1 services1 activities1 or accommodations ,the term businesses1 services1 activities1 or accommodations means any act by an individual or entity1 irrespective of whether the act is carried on for profit1 that is interstate or foreign commerce1 that involves persons or things in interstate or foreign commerce1 that involves the channels or instrumentalities of interstate or foreign commerce1 that substantially affects interstate or foreign commerce1 or that is otherwise an act subject to regulation by ,congress as necessary and proper to carry into execution ,congress's powers to regulate interstate or foreign commerce or to spend funds for the general welfare4 7#c7 ,coronavirus ,the term coronavirus means any disease1 health condition1 or threat of harm caused by the ,,sars-,co,v-#b virus or a virus mutating therefrom4 7#d7 ,coronavirus exposure action 7,a7 ,in general ,the term coronavirus exposure action means a civil action-- 7i7 brought by a person who suffered personal injury or is at risk of suffering personal injury1 or a representative of a person who suffered personal injury or is at risk of suffering personal injury2 7ii7 brought against an individual or entity engaged in businesses1 services1 activities1 or accommodations2 and 7iii7 alleging that an actual1 alleged1 feared1 or potential for exposure to coronavirus caused the personal injury or risk of personal injury1 that-- 7,i7 occurred in the course of the businesses1 services1 activities1 or accommodations of the individual or entity2 and 7,,ii7 occurred-- 7aa7 on or after ,december #a1 #bjai2 and 7bb7 before the later of-- 7,,aa7 ,october #a1 #bjbd2 or 7,,bb7 the date on which there is no declaration by the ,secretary of ,health and ,human ,services under section #cai;,f-#c7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7b77 7relating to medical countermeasures7 that is in effect with respect to coronavirus1 including the ,declaration ,under the ,public ,readiness and ,emergency ,preparedness ,act for ,medical ,countermeasures ,against ,,covid-#ai 7#he ,fed4 ,reg4 #aeaih 7 issued by the ,secretary of ,health and ,human ,services on ,march #ag1 #bjbj4 7,b7 ,exclusions ,the term coronavirus exposure action does not include-- 7i7 a criminal1 civil1 or administrative enforcement action brought by the ,federal ,government or any ,state1 local1 or ,tribal government2 or 7ii7 a claim alleging intentional discrimination on the basis of race1 color1 national origin1 religion1 sex 7including pregnancy71 disability1 genetic information1 or age4 7#e7 ,coronavirus-related action ,the term coronavirus-related action means a coronavirus exposure action or a coronavirus-related medical liability action4 7#f7 ,coronavirus-related health care services ,the term coronavirus-related health care services means services provided by a health care provider1 regardless of the location where the services are provided1 that relate to-- 7,a7 the diagnosis1 prevention1 or treatment of coronavirus2 7,b7 the assessment or care of an individual with a confirmed or suspected case of coronavirus2 or 7,c7 the care of any individual who is admitted to1 presents to1 receives services from1 or resides at1 a health care provider for any purpose during the period of a ,federal emergency declaration concerning coronavirus1 if such provider's decisions or activities with respect to such individual are impacted as a result of coronavirus4 7#g7 ,coronavirus-related medical liability action 7,a7 ,in general ,the term coronavirus-related medical liability action means a civil action-- 7i7 brought by a person who suffered personal injury1 or a representative of a person who suffered personal injury2 7ii7 brought against a health care provider2 and 7iii7 alleging any harm1 damage1 breach1 or tort resulting in the personal injury alleged to have been caused by1 be arising out of1 or be related to a health care provider's act or omission in the course of arranging for or providing coronavirus-related health care services that occurred-- 7,i7 on or after ,december #a1 #bjai2 and 7,,ii7 before the later of-- 7aa7 ,october #a1 #bjbd2 or 7bb7 the date on which there is no declaration by the ,secretary of ,health and ,human ,services under section #cai;,f-#c7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7b77 7relating to covered countermeasures7 that is in effect with respect to coronavirus1 including the ,declaration ,under the ,public ,readiness and ,emergency ,preparedness ,act for ,medical ,countermeasures ,against ,,covid-#ai 7#he ,fed4 ,reg4 #aeaih 7 issued by the ,secretary of ,health and ,human ,services on ,march #ag1 #bjbj4 7,b7 ,exclusions ,the term coronavirus-related medical liability action does not include-- 7i7 a criminal1 civil1 or administrative enforcement action brought by the ,federal ,government or any ,state1 local1 or ,tribal government2 or 7ii7 a claim alleging intentional discrimination on the basis of race1 color1 national origin1 religion1 sex 7including pregnancy71 disability1 genetic information1 or age4 7#h7 ,employer ,the term employer-- 7,a7 means any person serving as an employer or acting directly in the interest of an employer in relation to an employee2 7,b7 includes a public agency2 and 7,c7 does not include any labor organization 7other than when acting as an employer7 or any person acting in the capacity of officer or agent of such labor organization4 7#i7 ,government ,the term government means an agency1 instrumentality1 or other entity of the ,federal ,government1 a ,state government 7including multijurisdictional agencies1 instrumentalities1 and entities71 a local government1 or a ,tribal government4 7#aj7 ,gross negligence ,the term gross negligence means a conscious1 voluntary act or omission in reckless disregard of-- 7,a7 a legal duty2 7,b7 the consequences to another party2 and 7,c7 applicable government standards and guidance4 7#aa7 ,harm ,the term harm includes-- 7,a7 physical and nonphysical contact that results in personal injury to an individual2 and 7,b7 economic and noneconomic losses4 7#ab7 ,health care provider 7,a7 ,in general ,the term health care provider means any person1 including an agent1 volunteer 7subject to subparagraph 7,c771 contractor1 employee1 or other entity1 who is-- 7i7 required by ,federal or ,state law to be licensed1 registered1 or certified to provide health care and is so licensed1 registered1 or certified 7or is exempt from any such requirement72 7ii7 otherwise authorized by ,federal or ,state law to provide care 7including services and supports furnished in a home or community-based residential setting under the ,state ,medicaid program or a waiver of that program72 or 7iii7 considered under applicable ,federal or ,state law to be a health care provider1 health care professional1 health care institution1 or health care facility4 7,b7 ,inclusion of administrators1 supervisors1 etc ,the term health care provider includes a health care facility administrator1 executive1 supervisor1 board member or trustee1 or another individual responsible for directing1 supervising1 or monitoring the provision of coronavirus-related health care services in a comparable role4 7,c7 ,inclusion of volunteers ,the term health care provider includes volunteers that meet the following criteria3 7i7 ,the volunteer is a health care professional providing coronavirus-related health care services4 7ii7 ,the act or omission by the volunteer occurs-- 7,i7 in the course of providing health care services2 7,,ii7 in the health care professional's capacity as a volunteer2 7,,iii7 in the course of providing health care services that-- 7aa7 are within the scope of the license1 registration1 or certification of the volunteer1 as defined by the ,state of licensure1 registration1 or certification2 and 7bb7 do not exceed the scope of license1 registration1 or certification of a substantially similar health professional in the ,state in which such act or omission occurs2 and 7,,iv7 in a good-faith belief that the individual being treated is in need of health care services4 7#ac7 ,individual or entity ,the term individual or entity means-- 7,a7 any natural person1 corporation1 company1 trade1 business1 firm1 partnership1 joint stock company1 vessel in rem1 educational institution1 labor organization1 or similar organization or group of organizations2 7,b7 any nonprofit organization1 foundation1 society1 or association organized for religious1 charitable1 educational1 or other purposes2 or 7,c7 any ,state1 ,tribal1 or local government4 7#ad7 ,local government ,the term local government means any unit of government within a ,state1 including a-- 7,a7 county2 7,b7 borough2 7,c7 municipality2 7,d7 city2 7,e7 town2 7,f7 township2 7,g7 parish2 7,h7 local public authority1 including any public housing agency under the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq472 7,i7 special district2 7,j7 school district2 7,k7 intrastate district2 7,l7 council of governments1 whether or not incorporated as a nonprofit corporation under ,state law2 and 7,m7 agency or instrumentality of-- 7i7 multiple units of local government 7including units of local government located in different ,states72 or 7ii7 an intra-,state unit of local government4 7#ae7 ,mandatory ,the term mandatory1 with respect to applicable government standards and guidance1 means the standards or regulations are themselves enforceable by the issuing government through criminal1 civil1 or administrative action4 7#af7 ,personal injury ,the term personal injury means-- 7,a7 actual or potential physical injury to an individual or death caused by a physical injury2 or 7,b7 mental suffering1 emotional distress1 or similar injuries suffered by an individual in connection with a physical injury4 7#ag7 ,state ,the term ,state-- 7,a7 means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and any other territory or possession of the ,united ,states1 and any political subdivision or instrumentality thereof2 and 7,b7 includes any agency or instrumentality of #b or more of the entities described in subparagraph 7,a74 7#ah7 ,tribal government 7,a7 ,in general ,the term ,tribal government means the recognized governing body of any ,indian tribe included on the list published by the ,secretary of the ,interior pursuant to section #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7;a774 7,b7 ,inclusion ,the term ,tribal government includes any subdivision 7regardless of the laws and regulations of the jurisdiction in which the subdivision is organized or incorporated7 of a governing body described in subparagraph 7,a7 that-- 7i7 is wholly owned by that governing body2 and 7ii7 has been delegated the right to exercise #a or more substantial governmental functions of the governing body4 7#ai7 ,willful misconduct ,the term willful misconduct means an act or omission that is taken-- 7,a7 intentionally to achieve a wrongful purpose2 7,b7 knowingly without legal or factual justification2 and 7,c7 in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit4 ,a ,liability relief ,i ,liability limitations for individuals and entities engaged in businesses1 services1 activities1 or accommodations #baba4 ,application of part 7a7 ,cause of action2 tribal sovereign immunity 7#a7 ,cause of action 7,a7 ,in general ,this part creates an exclusive cause of action for coronavirus exposure actions4 7,b7 ,liability ,a plaintiff may prevail in a coronavirus exposure action only in accordance with the requirements of this subtitle4 7,c7 ,application ,the provisions of this part shall apply to-- 7i7 any cause of action that is a coronavirus exposure action that was filed before the date of enactment of this ,act and that is pending on such date of enactment2 and 7ii7 any coronavirus exposure action filed on or after such date of enactment4 7#b7 ,preservation of liability limits and defenses ,except as otherwise explicitly provided in this part1 nothing in this part expands any liability otherwise imposed or limits any defense otherwise available under ,federal1 ,state1 or ,tribal law4 7#c7 ,immunity ,nothing in this part abrogates the immunity of any ,state1 or waives the immunity of any ,tribal government4 ,the limitations on liability provided under this part shall control in any action properly filed against a ,state or ,tribal government pursuant to a duly executed waiver by the ,state or ,tribe of sovereign immunity and stating claims within the scope of this part4 7b7 ,preemption and supersedure 7#a7 ,in general ,except as described in paragraphs 7#b7 through 7#f71 this part preempts and supersedes any ,federal1 ,state1 or ,tribal law1 including statutes1 regulations1 rules1 orders1 proclamations1 or standards that are enacted1 promulgated1 or established under common law1 related to recovery for personal injuries caused by actual1 alleged1 feared1 or potential for exposure to coronavirus4 7#b7 ,stricter laws not preempted or superseded ,nothing in this part shall be construed to affect the applicability of any provision of any ,federal1 ,state1 or ,tribal law that imposes stricter limits on damages or liabilities for personal injury caused by1 arising out of1 or related to an actual1 alleged1 feared1 or potential for exposure to coronavirus1 or otherwise affords greater protection to defendants in any coronavirus exposure action1 than are provided in this part4 ,any such provision of ,federal1 ,state1 or ,tribal law shall be applied in addition to the requirements of this part and not in lieu thereof4 7#c7 ,workers' compensation laws not preempted or superseded ,nothing in this part shall be construed to affect the applicability of any ,state or ,tribal law providing for a claim for benefits under a workers' compensation scheme or program1 or to preempt or supersede an exclusive remedy under such scheme or program4 7#d7 ,enforcement actions ,nothing in this part shall be construed to impair1 limit1 or affect the authority of the ,federal ,government1 or of any ,state1 local1 or ,tribal government1 to bring any criminal1 civil1 or administrative enforcement action against any individual or entity4 7#e7 ,discrimination claims ,nothing in this part shall be construed to affect the applicability of any provision of any ,federal1 ,state1 or ,tribal law that creates a cause of action for intentional discrimination on the basis of race1 color1 national origin1 religion1 sex 7including pregnancy71 disability1 genetic information1 or age4 7#f7 ,maintenance and cure ,nothing in this part shall be construed to affect a seaman's right to claim maintenance and cure benefits4 7c7 ,statute of limitations ,a coronavirus exposure action may not be commenced in any ,federal1 ,state1 or ,tribal government court later than #a year after the date of the actual1 alleged1 feared1 or potential for exposure to coronavirus4 #babb4 ,liability2 safe harbor 7a7 ,requirements for liability for exposure to coronavirus ,notwithstanding any other provision of law1 and except as otherwise provided in this section1 no individual or entity engaged in businesses1 services1 activities1 or accommodations shall be liable in any coronavirus exposure action unless the plaintiff can prove by clear and convincing evidence that-- 7#a7 in engaging in the businesses1 services1 activities1 or accommodations1 the individual or entity was not making reasonable efforts in light of all the circumstances to comply with the applicable government standards and guidance in effect at the time of the actual1 alleged1 feared1 or potential for exposure to coronavirus2 7#b7 the individual or entity engaged in gross negligence or willful misconduct that caused an actual exposure to coronavirus2 and 7#c7 the actual exposure to coronavirus caused the personal injury of the plaintiff4 7b7 ,reasonable efforts ,to comply 7#a7 ,conflicting applicable government standards and guidance 7,a7 ,in general ,if more than #a government to whose jurisdiction an individual or entity is subject issues applicable government standards and guidance1 and the applicable government standards and guidance issued by #a or more of the governments conflicts with the applicable government standards and guidance issued by #a or more of the other governments1 the individual or entity shall be considered to have made reasonable efforts in light of all the circumstances to comply with the applicable government standards and guidance for purposes of subsection 7a77#a7 unless the plaintiff establishes by clear and convincing evidence that the individual or entity was not making reasonable efforts in light of all the circumstances to comply with any of the conflicting applicable government standards and guidance issued by any government to whose jurisdiction the individual or entity is subject4 7,b7 ,exception ,if mandatory standards and regulations constituting applicable government standards and guidance issued by any government with jurisdiction over the individual or entity conflict with applicable government standards and guidance that are not mandatory and are issued by any other government with jurisdiction over the individual or entity or by the same government that issued the mandatory standards and regulations1 the plaintiff may establish that the individual or entity did not make reasonable efforts in light of all the circumstances to comply with the applicable government standards and guidance for purposes of subsection 7a77#a7 by establishing by clear and convincing evidence that the individual or entity was not making reasonable efforts in light of all the circumstances to comply with the mandatory standards and regulations to which the individual or entity was subject4 7#b7 ,written or published policy 7,a7 ,in general ,if an individual or entity engaged in businesses1 services1 activities1 or accommodations maintained a written or published policy on the mitigation of transmission of coronavirus at the time of the actual1 alleged1 feared1 or potential for exposure to coronavirus that complied with1 or was more protective than1 the applicable government standards and guidance to which the individual or entity was subject1 the individual or entity shall be presumed to have made reasonable efforts in light of all the circumstances to comply with the applicable government standards and guidance for purposes of subsection 7a77#a74 7,b7 ,rebuttal ,the plaintiff may rebut the presumption under subparagraph 7,a7 by establishing that the individual or entity was not complying with the written or published policy at the time of the actual1 alleged1 feared1 or potential for exposure to coronavirus4 7,c7 ,absence of a written or published policy ,the absence of a written or published policy shall not give rise to a presumption that the individual or entity did not make reasonable efforts in light of all the circumstances to comply with the applicable government standards and guidance for purposes of subsection 7a77#a74 7#c7 ,timing ,for purposes of subsection 7a77#a71 a change to a policy or practice by an individual or entity before or after the actual1 alleged1 feared1 or potential for exposure to coronavirus1 shall not be evidence of liability for the actual1 alleged1 feared1 or potential for exposure to coronavirus4 7c7 ,third parties ,no individual or entity shall be held liable in a coronavirus exposure action for the acts or omissions of a third party1 unless-- 7#a7 the individual or entity had an obligation under general common law principles to control the acts or omissions of the third party2 or 7#b7 the third party was an agent of the individual or entity4 7d7 ,mitigation ,changes to the policies1 practices1 or procedures of an individual or entity for complying with the applicable government standards and guidance after the time of the actual1 alleged1 feared1 or potential for exposure to coronavirus1 shall not be considered evidence of liability or culpability4 ,,ii ,liability limitations for health care providers #bada4 ,application of part 7a7 ,in general 7#a7 ,cause of action 7,a7 ,in general ,this part creates an exclusive cause of action for coronavirus-related medical liability actions4 7,b7 ,liability ,a plaintiff may prevail in a coronavirus-related medical liability action only in accordance with the requirements of this subtitle4 7,c7 ,application ,the provisions of this part shall apply to-- 7i7 any cause of action that is a coronavirus-related medical liability action that was filed before the date of enactment of this ,act and that is pending on such date of enactment2 and 7ii7 any coronavirus-related medical liability action filed on or after such date of enactment4 7#b7 ,preservation of liability limits and defenses ,except as otherwise explicitly provided in this part1 nothing in this part expands any liability otherwise imposed or limits any defense otherwise available under ,federal1 ,state1 or ,tribal law4 7#c7 ,immunity ,nothing in this part abrogates the immunity of any ,state1 or waives the immunity of any ,tribal government4 ,the limitations on liability provided under this part shall control in any action properly filed against a ,state or ,tribal government pursuant to a duly executed waiver by the ,state or ,tribe of sovereign immunity and stating claims within the scope of this part4 7b7 ,preemption and supersedure 7#a7 ,in general ,except as described in paragraphs 7#b7 through 7#f71 this part preempts and supersedes any ,federal1 ,state1 or ,tribal law1 including statutes1 regulations1 rules1 orders1 proclamations1 or standards that are enacted1 promulgated1 or established under common law1 related to recovery for personal injuries caused by1 arising out of1 or related to an act or omission by a health care provider in the course of arranging for or providing coronavirus-related health care services4 7#b7 ,stricter laws not preempted or superseded ,nothing in this part shall be construed to affect the applicability of any provision of any ,federal1 ,state1 or ,tribal law that imposes stricter limits on damages or liabilities for personal injury caused by1 arising out of1 or related to an act or omission by a health care provider in the course of arranging for or providing coronavirus-related health care services1 or otherwise affords greater protection to defendants in any coronavirus-related medical liability action than are provided in this part4 ,any such provision of ,federal1 ,state1 or ,tribal law shall be applied in addition to the requirements of this part and not in lieu thereof4 7#c7 ,enforcement actions ,nothing in this part shall be construed to impair1 limit1 or affect the authority of the ,federal ,government1 or of any ,state1 local1 or ,tribal government to bring any criminal1 civil1 or administrative enforcement action against any health care provider4 7#d7 ,discrimination claims ,nothing in this part shall be construed to affect the applicability of any provision of any ,federal1 ,state1 or ,tribal law that creates a cause of action for intentional discrimination on the basis of race1 color1 national origin1 religion1 sex 7including pregnancy71 disability1 genetic information1 or age4 7#e7 ,public ,readiness and ,emergency ,preparedness ,nothing in this part shall be construed to affect the applicability of section #cai;,f-#c of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7 to any act or omission involving a covered countermeasure1 as defined in subsection 7i7 of such section in arranging for or providing coronavirus-related health care services4 ,nothing in this part shall be construed to affect the applicability of section #cai;,f-#d of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;e74 7#f7 ,vaccine injury ,to the extent that title ,,xxi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#a et seq47 establishes a ,federal rule applicable to a civil action brought for a vaccine-related injury or death1 this part does not affect the application of that rule to such an action4 7c7 ,statute of limitations ,a coronavirus-related medical liability action may not be commenced in any ,federal1 ,state1 or ,tribal government court later than #a year after the date of the alleged harm1 damage1 breach1 or tort1 unless tolled for-- 7#a7 proof of fraud2 7#b7 intentional concealment2 or 7#c7 the presence of a foreign body1 which has no therapeutic or diagnostic purpose or effect1 in the person of the injured person4 #badb4 ,liability for health care professionals and health care facilities during coronavirus public health emergency 7a7 ,requirements for liability for coronavirus-related health care services ,notwithstanding any other provision of law1 and except as provided in subsection 7b71 no health care provider shall be liable in a coronavirus-related medical liability action unless the plaintiff can prove by clear and convincing evidence-- 7#a7 gross negligence or willful misconduct by the health care provider2 and 7#b7 that the alleged harm1 damage1 breach1 or tort resulting in the personal injury was directly caused by the alleged gross negligence or willful misconduct4 7b7 ,exceptions ,for purposes of this section1 acts1 omissions1 or decisions resulting from a resource or staffing shortage shall not be considered willful misconduct or gross negligence4 ,,iii ,substantive and procedural provisions for coronavirus-related actions generally #bafa4 ,jurisdiction 7a7 ,jurisdiction ,the district courts of the ,united ,states shall have concurrent original jurisdiction of any coronavirus-related action4 7b7 ,removal 7#a7 ,in general ,a coronavirus-related action of which the district courts of the ,united ,states have original jurisdiction under subsection 7a7 that is brought in a ,state or ,tribal government court may be removed to a district court of the ,united ,states in accordance with section #addf of title #bh1 ,united ,states ,code1 except that-- 7,a7 notwithstanding subsection 7b77#b77;,a7 of such section1 such action may be removed by any defendant without the consent of all defendants2 and 7,b7 notwithstanding subsection 7b77#a7 of such section1 for any cause of action that is a coronavirus-related action that was filed in a ,state court before the date of enactment of this ,act and that is pending in such court on such date of enactment1 and of which the district courts of the ,united ,states have original jurisdiction under subsection 7a71 any defendant may file a notice of removal of a civil action or proceeding within #cj days of the date of enactment of this ,act4 7#b7 ,procedure after removal ,section #addg of title #bh1 ,united ,states ,code1 shall apply to any removal of a case under paragraph 7#a71 except that1 notwithstanding subsection 7d7 of such section1 a court of appeals of the ,united ,states shall accept an appeal from an order of a district court granting or denying a motion to remand the case to the ,state or ,tribal government court from which it was removed if application is made to the court of appeals of the ,united ,states not later than #aj days after the entry of the order4 #bafb4 ,limitations on suits 7a7 ,joint and several liability limitations 7#a7 ,in general ,an individual or entity against whom a final judgment is entered in any coronavirus-related action shall be liable solely for the portion of the judgment that corresponds to the relative and proportionate responsibility of that individual or entity4 ,in determining the percentage of responsibility of any defendant1 the trier of fact shall determine that percentage as a percentage of the total fault of all individuals or entities1 including the plaintiff1 who caused or contributed to the total loss incurred by the plaintiff4 7#b7 ,proportionate liability 7,a7 ,determination of responsibility ,in any coronavirus-related action1 the court shall instruct the jury to answer special interrogatories1 or1 if there is no jury1 the court shall make findings with respect to each defendant1 including defendants who have entered into settlements with the plaintiff or plaintiffs1 concerning the percentage of responsibility1 if any1 of each defendant1 measured as a percentage of the total fault of all individuals or entities who caused or contributed to the loss incurred by the plaintiff4 7,b7 ,factors for consideration ,in determining the percentage of responsibility under this subsection1 the trier of fact shall consider-- 7i7 the nature of the conduct of each individual or entity found to have caused or contributed to the loss incurred by the plaintiff2 and 7ii7 the nature and extent of the causal relationship between the conduct of each such individual or entity and the damages incurred by the plaintiff4 7#c7 ,joint liability for specific intent or fraud ,notwithstanding paragraph 7#a71 in any coronavirus-related action the liability of a defendant is joint and several if the trier of fact specifically determines that the defendant-- 7,a7 acted with specific intent to injure the plaintiff2 or 7,b7 knowingly committed fraud4 7#d7 ,right to contribution not affected ,nothing in this subsection affects the right1 under any other law1 of a defendant to contribution with respect to another defendant determined under paragraph 7#c7 to have acted with specific intent to injure the plaintiff or to have knowingly committed fraud4 7b7 ,limitations on damages ,in any coronavirus-related action-- 7#a7 the award of compensatory damages shall be limited to economic losses incurred as the result of the personal injury1 harm1 damage1 breach1 or tort1 except that the court may award damages for noneconomic losses if the trier of fact determines that the personal injury1 harm1 damage1 breach1 or tort was caused by the willful misconduct of the individual or entity2 7#b7 punitive damages-- 7,a7 may be awarded only if the trier of fact determines that the personal injury to the plaintiff was caused by the willful misconduct of the individual or entity2 and 7,b7 may not exceed the amount of compensatory damages awarded2 and 7#c7 the amount of monetary damages awarded to a plaintiff shall be reduced by the amount of compensation received by the plaintiff from another source in connection with the personal injury1 harm1 damage1 breach1 or tort1 such as insurance or reimbursement by a government4 7c7 ,preemption and supersedure 7#a7 ,in general ,except as described in paragraphs 7#b7 and 7#c71 this section preempts and supersedes any ,federal1 ,state1 or ,tribal law1 including statutes1 regulations1 rules1 orders1 proclamations1 or standards that are enacted1 promulgated1 or established under common law1 related to joint and several liability1 proportionate or contributory liability1 contribution1 or the award of damages for any coronavirus-related action4 7#b7 ,stricter laws not preempted or superseded ,nothing in this section shall be construed to affect the applicability of any provision of any ,federal1 ,state1 or ,tribal law that-- 7,a7 limits the liability of a defendant in a coronavirus-related action to a lesser degree of liability than the degree of liability determined under this section2 7,b7 otherwise affords a greater degree of protection from joint or several liability than is afforded by this section2 or 7,c7 limits the damages that can be recovered from a defendant in a coronavirus-related action to a lesser amount of damages than the amount determined under this section4 7#c7 ,public ,readiness and ,emergency ,preparedness ,nothing in this part shall be construed to affect the applicability of section #cai;,f-#c of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7 to any act or omission involving a covered countermeasure1 as defined in subsection 7i7 of such section in arranging for or providing coronavirus-related health care services4 ,nothing in this part shall be construed to affect the applicability of section #cai;,f-#d of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;e74 #bafc4 ,procedures for suit in district courts of the united states 7a7 ,pleading with particularity ,in any coronavirus-related action filed in or removed to a district court of the ,united ,states-- 7#a7 the complaint shall plead with particularity-- 7,a7 each element of the plaintiff's claim2 and 7,b7 with respect to a coronavirus exposure action1 all places and persons visited by the person on whose behalf the complaint was filed and all persons who visited the residence of the person on whose behalf the complaint was filed during the #ad-;day-period before the onset of the first symptoms allegedly caused by coronavirus1 including-- 7i7 each individual or entity against which a complaint is filed1 along with the factual basis for the belief that such individual or entity was a cause of the personal injury alleged2 and 7ii7 every other person or place visited by the person on whose behalf the complaint was filed and every other person who visited the residence of the person on whose behalf the complaint was filed during such period1 along with the factual basis for the belief that these persons and places were not the cause of the personal injury alleged2 and 7#b7 the complaint shall plead with particularity each alleged act or omission constituting gross negligence or willful misconduct that resulted in personal injury1 harm1 damage1 breach1 or tort4 7b7 ,separate statements concerning the nature and amount of damages and required state of mind 7#a7 ,nature and amount of damages ,in any coronavirus-related action filed in or removed to a district court of the ,united ,states in which monetary damages are requested1 there shall be filed with the complaint a statement of specific information as to the nature and amount of each element of damages and the factual basis for the damages calculation4 7#b7 ,required state of mind ,in any coronavirus-related action filed in or removed to a district court of the ,united ,states in which a claim is asserted on which the plaintiff may prevail only on proof that the defendant acted with a particular state of mind1 there shall be filed with the complaint1 with respect to each element of that claim1 a statement of the facts giving rise to a strong inference that the defendant acted with the required state of mind4 7c7 ,verification and medical records 7#a7 ,verification requirement 7,a7 ,in general ,the complaint in a coronavirus-related action filed in or removed to a district court of the ,united ,states shall include a verification1 made by affidavit of the plaintiff under oath1 stating that the pleading is true to the knowledge of the deponent1 except as to matters specifically identified as being alleged on information and belief1 and that as to those matters the plaintiff believes it to be true4 7,b7 ,identification of matters alleged upon information and belief ,any matter that is not specifically identified as being alleged upon the information and belief of the plaintiff1 shall be regarded for all purposes1 including a criminal prosecution1 as having been made upon the knowledge of the plaintiff4 7#b7 ,materials required ,in any coronavirus-related action filed in or removed to a district court of the ,united ,states1 the plaintiff shall file with the complaint-- 7,a7 an affidavit by a physician or other qualified medical expert who did not treat the person on whose behalf the complaint was filed that explains the basis for such physician's or other qualified medical expert's belief that such person suffered the personal injury1 harm1 damage1 breach1 or tort alleged in the complaint2 and 7,b7 certified medical records documenting the alleged personal injury1 harm1 damage1 breach1 or tort4 7d7 ,application with ,federal rules of civil procedure ,this section applies exclusively to any coronavirus-related action filed in or removed to a district court of the ,united ,states and1 except to the extent that this section requires additional information to be contained in or attached to pleadings1 nothing in this section is intended to amend or otherwise supersede applicable rules of ,federal civil procedure4 7e7 ,civil discovery for actions in district courts of the ,united ,states 7#a7 ,timing ,notwithstanding any other provision of law1 in any coronavirus-related action filed in or removed to a district court of the ,united ,states1 no discovery shall be allowed before-- 7,a7 the time has expired for the defendant to answer or file a motion to dismiss2 and 7,b7 if a motion to dismiss is filed1 the court has ruled on the motion4 7#b7 ,standard ,notwithstanding any other provision of law1 the court in any coronavirus-related action that is filed in or removed to a district court of the ,united ,states-- 7,a7 shall permit discovery only with respect to matters directly related to material issues contested in the coronavirus-related action2 and 7,b7 may compel a response to a discovery request 7including a request for admission1 an interrogatory1 a request for production of documents1 or any other form of discovery request7 under rule #cg of the ,federal ,rules of ,civil ,procedure1 only if the court finds that-- 7i7 the requesting party needs the information sought to prove or defend as to a material issue contested in such action2 and 7ii7 the likely benefits of a response to such request equal or exceed the burden or cost for the responding party of providing such response4 7f7 ,interlocutory appeal and stay of discovery ,the courts of appeals of the ,united ,states shall have jurisdiction of an appeal from a motion to dismiss that is denied in any coronavirus-related action in a district court of the ,united ,states4 ,the district court shall stay all discovery in such a coronavirus-related action until the court of appeals has disposed of the appeal4 7g7 ,class actions and multidistrict litigation proceedings 7#a7 ,class actions ,in any coronavirus-related action that is filed in or removed to a district court of the ,united ,states and is maintained as a class action or multidistrict litigation-- 7,a7 an individual or entity shall only be a member of the class if the individual or entity affirmatively elects to be a member2 and 7,b7 the court1 in addition to any other notice required by applicable ,federal or ,state law1 shall direct notice of the action to each member of the class1 which shall include-- 7i7 a concise and clear description of the nature of the action2 7ii7 the jurisdiction where the case is pending2 and 7iii7 the fee arrangements with class counsel1 including-- 7,i7 the hourly fee being charged2 or 7,,ii7 if it is a contingency fee1 the percentage of the final award which will be paid1 including an estimate of the total amount that would be paid if the requested damages were to be granted2 and 7,,iii7 if the cost of the litigation is being financed1 a description of the financing arrangement4 7#b7 ,multidistrict litigations 7,a7 ,trial prohibition ,in any coordinated or consolidated pretrial proceedings conducted pursuant to section #adjg7;b7 of title #bh1 ,united ,states ,code1 the judge or judges to whom coronavirus-related actions are assigned by the ,judicial ,panel on ,multidistrict ,litigation may not conduct a trial in a coronavirus-related action transferred to or directly filed in the proceedings unless all parties to that coronavirus-related action consent4 7,b7 ,review of orders ,the court of appeals of the ,united ,states having jurisdiction over the transferee district court shall permit an appeal to be taken from any order issued in the conduct of coordinated or consolidated pretrial proceedings conducted pursuant to section #adjg7;b7 of title #bh1 ,united ,states ,code1 if the order is applicable to #a or more coronavirus-related actions and an immediate appeal from the order may materially advance the ultimate termination of #a or more coronavirus-related actions in the proceedings4 #bafd4 ,demand letters2 cause of action 7a7 ,cause of action ,if any person transmits or causes another to transmit in any form and by any means a demand for remuneration in exchange for settling1 releasing1 waiving1 or otherwise not pursuing a claim that is1 or could be1 brought as part of a coronavirus-related action1 the party receiving such a demand shall have a cause of action for the recovery of damages occasioned by such demand and for declaratory judgment in accordance with chapter #aea of title #bh1 ,united ,states ,code1 if the claim for which the letter was transmitted was meritless4 7b7 ,damages ,damages available under subsection 7a7 shall include-- 7#a7 compensatory damages including costs incurred in responding to the demand2 and 7#b7 punitive damages1 if the court determines that the defendant had knowledge or was reckless with regard to the fact that the claim was meritless4 7c7 ,attorney's fees and costs ,in an action commenced under subsection 7a71 if the plaintiff is a prevailing party1 the court shall1 in addition to any judgment awarded to a plaintiff1 allow a reasonable attorney's fee to be paid by the defendant1 and costs of the action4 7d7 ,jurisdiction ,the district courts of the ,united ,states shall have concurrent original jurisdiction of all claims arising under subsection 7a74 7e7 ,enforcement by the attorney general 7#a7 ,in general ,whenever the ,attorney ,general has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of transmitting demands for remuneration in exchange for settling1 releasing1 waiving1 or otherwise not pursuing a claim that is1 or could be1 brought as part of a coronavirus-related action and that is meritless1 the ,attorney ,general may commence a civil action in any appropriate district court of the ,united ,states4 7#b7 ,relief ,in a civil action under paragraph 7#a71 the court may1 to vindicate the public interest1 assess a civil penalty against the respondent in an amount not exceeding #ej1jjj per transmitted demand for remuneration in exchange for settling1 releasing1 waiving or otherwise not pursuing a claim that is meritless4 7#c7 ,distribution of civil penalties ,if the ,attorney ,general obtains civil penalties in accordance with paragraph 7#b71 the ,attorney ,general shall distribute the proceeds equitably among those persons aggrieved by the respondent's pattern or practice of transmitting demands for remuneration in exchange for settling1 releasing1 waiving or otherwise not pursuing a claim that is meritless4 ,,iv ,relation to labor and employment laws #baha4 ,limitation on violations under specific laws 7a7 ,in general 7#a7 ,definition ,in this subsection1 the term covered ,federal employment law means any of the following3 7,a7 ,the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq47 7including any standard included in a ,state plan approved under section #ah of such ,act 7#bi ,u4,s4,c4 #ffg774 7,b7 ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 7,c7 ,the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq474 7,d7 ,the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja et seq474 7,e7 ,title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq474 7,f7 ,title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq474 7,g7 ,title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq474 7#b7 ,limitation ,notwithstanding any provision of a covered ,federal employment law1 in any action1 proceeding1 or investigation resulting from or related to an actual1 alleged1 feared1 or potential for exposure to coronavirus1 or a change in working conditions caused by a law1 rule1 declaration1 or order related to coronavirus1 an employer shall not be subject to any enforcement proceeding or liability under any provision of a covered ,federal employment law if the employer-- 7,a7 was relying on and generally following applicable government standards and guidance2 7,b7 knew of the obligation under the relevant provision2 and 7,c7 attempted to satisfy any such obligation by-- 7i7 exploring options to comply with such obligations and with the applicable government standards and guidance 7such as through the use of virtual training or remote communication strategies72 7ii7 implementing interim alternative protections or procedures2 or 7iii7 following guidance issued by the relevant agency with jurisdiction with respect to any exemptions from such obligation4 7b7 ,public accommodation laws 7#a7 ,definitions ,in this subsection-- 7,a7 the term auxiliary aids and services has the meaning given the term in section #d of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajc72 7,b7 the term covered public accommodation law means-- 7i7 title ,,iii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha et seq472 or 7ii7 title ,,ii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq472 7,c7 the term place of public accommodation means-- 7i7 a place of public accommodation1 as defined in section #bja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a72 or 7ii7 a public accommodation1 as defined in section #cja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha72 and 7,d7 the term public health emergency period means a period designated a public health emergency period by a ,federal1 ,state1 or local government authority4 7#b7 ,actions and measures during a public health emergency 7,a7 ,in general ,notwithstanding any other provision of law or regulation1 during any public health emergency period1 no person who owns1 leases 7or leases to71 or operates a place of public accommodation shall be liable under1 or found in violation of1 any covered public accommodation law for any action or measure taken regarding coronavirus and that place of public accommodation1 if such person-- 7i7 has determined that the significant risk of substantial harm to public health or the health of employees cannot be reduced or eliminated by reasonably modifying policies1 practices1 or procedures1 or the provision of an auxiliary aid or service2 or 7ii7 has offered such a reasonable modification or auxiliary aid or service but such offer has been rejected by the individual protected by the covered law4 7,b7 ,required waiver prohibited ,for purposes of this subsection1 no person who owns1 leases 7or leases to71 or operates a place of public accommodation shall be required to waive any measure1 requirement1 or recommendation that has been adopted in accordance with a requirement or recommendation issued by the ,federal ,government or any ,state or local government with regard to coronavirus1 in order to offer such a reasonable modification or auxiliary aids and services4 #bahb4 ,liability for conducting testing at workplace ,notwithstanding any other provision of ,federal1 ,state1 or local law1 an employer1 or other person who hires or contracts with other individuals to provide services1 that conducts tests for coronavirus on the employees of the employer or persons hired or contracted to provide services shall not be liable for any action or personal injury directly resulting from such testing1 except for those personal injuries caused by the gross negligence or intentional misconduct of the employer or other person4 #bahc4 ,joint employment and independent contracting ,notwithstanding any other provision of ,federal or ,state law1 including any covered ,federal employment law 7as defined in section #baha7;a771 the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #ada et seq471 the ,employment ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq471 and the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq471 it shall not constitute evidence of a joint employment relationship or employment relationship for any employer to provide or require1 for an employee of another employer or for an independent contractor1 any of the following3 7#a7 ,coronavirus-related policies1 procedures1 or training4 7#b7 ,personal protective equipment or training for the use of such equipment4 7#c7 ,cleaning or disinfecting services or the means for such cleaning or disinfecting4 7#d7 ,workplace testing for coronavirus4 7#e7 ,temporary assistance due to coronavirus1 including financial assistance or other health and safety benefits4 #bahd4 ,exclusion of certain notification requirements as a result of the ,,covid-#ai public health emergency 7a7 ,definitions ,section #b7;a7 of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja7;a77 is amended-- 7#a7 in paragraph 7#b71 by adding before the semicolon at the end the following3 and the shutdown1 if occurring during the covered period1 is not a result of the ,,covid-#ai national emergency2 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by adding and at the end2 and 7,c7 by adding at the end the following3 7,c7 if occurring during the covered period1 is not a result of the ,,covid-#ai national emergency2 2 7#c7 in paragraph 7#g71 by striking and2 7#d7 in paragraph 7#h71 by striking the period at the end and inserting a semicolon2 and 7#e7 by adding at the end the following3 7#i7 the term covered period means the period that-- 7,a7 begins on ,january #a1 #bjbj2 and 7,b7 ends #ij days after the last date of the ,,covid-#ai national emergency2 and 7#aj7 the term ,,covid-#ai national emergency means the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai74 4 7b7 ,exclusion from definition of employment loss ,section #b7;b7 of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja7;b77 is amended by adding at the end the following3 7#c7 ,notwithstanding subsection 7a77#f71 during the covered period an employee may not be considered to have experienced an employment loss if the termination1 layoff exceeding #f months1 or reduction in hours of work of more than #ej percent during each month of any #f-month period involved is a result of the ,,covid-#ai national emergency4 4 ,b ,products #bbja4 ,applicability of the targeted liability protections for pandemic and epidemic products and security countermeasures with respect to covid-#ai 7a7 ,in general ,section #cai;,f-#c7;i77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7i77#a77 is amended-- 7#a7 in subparagraph 7,c71 by striking 2 or and inserting a semicolon2 7#b7 in subparagraph 7,d71 by striking the period and inserting 2 or2 and 7#c7 by adding at the end the following3 7,e7 a drug 7as such term is defined in section #bja7;g77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act71 biological product 7including a vaccine7 7as such term is defined in section #cea7;i771 or device 7as such term is defined in section #bja7;h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act7 that-- 7i7 is the subject of a notice of use of enforcement discretion issued by the ,secretary if such drug1 biological product1 or device is used-- 7,i7 when such notice is in effect2 7,,ii7 within the scope of such notice2 and 7,,iii7 in compliance with other applicable requirements of the ,federal ,food1 ,drug1 and ,cosmetic ,act that are not the subject of such notice2 7ii7 in the case of a device1 is exempt from the requirement under section #eaj7k7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 or 7iii7 in the case of a drug-- 7,i7 meets the requirements for marketing under a final administrative order under section #eje;,g of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 or 7,,ii7 is marketed in accordance with section #eje;,g7a77#c7 of such ,act4 4 7b7 ,clarifying means of distribution ,section #cai;,f-#c7;a77#e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7a77#e77 is amended by inserting by1 or in partnership with1 ,federal1 ,state1 or local public health officials or the private sector after distribution the first place it appears4 7c7 ,no change to ,administrative ,procedure ,act application to enforcement discretion exercise ,section #cai;,f-#c of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7 is amended by adding at the end the following3 7j7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 to require use of procedures described in section #eec of title #e1 ,united ,states ,code1 for a notice of use of enforcement discretion for which such procedures are not otherwise required2 or 7#b7 to affect whether such notice constitutes final agency action within the meaning of section #gjd of title #e1 ,united ,states ,code4 4 ,c ,general provisions #bcja4 ,severability ,if any provision of this title1 an amendment made by this title1 or the application of such a provision or amendment to any person or circumstance is held to be unconstitutional1 the remaining provisions of and amendments made by this title1 as well as the application of such provision or amendment to any person other than the parties to the action holding the provision or amendment to be unconstitutional1 or to any circumstances other than those presented in such action1 shall not be affected thereby4 ,,iii ,assistance for ,american families #cjja4 ,short title ,this title may be cited as the ,continued ,financial ,relief to ,americans ,act of #bjbj4 #cjjb4 ,extension of the ,federal ,pandemic ,unemployment ,compensation program 7a7 ,extension ,section #bajd7;e77#b7 of division ,a of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;e77#b77 is amended by striking ,july #ca1 #bjbj and inserting ,december #bg1 #bjbj4 7b7 ,amount 7#a7 ,in general ,section #bajd7;b7 of division ,a of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;b77 is amended-- 7,a7 in paragraph 7#a77;,b71 by striking of #fjj and inserting equal to the amount specified in paragraph 7#c72 and 7,b7 by adding at the end the following new paragraph3 7#c7 ,amount of ,federal ,pandemic ,unemployment ,compensation ,the amount specified in this paragraph is the following amount3 7,a7 ,for weeks of unemployment beginning after the date on which an agreement is entered into under this section and ending on or before ,july #ca1 #bjbj1 #fjj4 7,b7 ,for weeks of unemployment beginning after the last week under subparagraph 7,a7 and ending on or before ,december #bg1 #bjbj1 #cjj4 4 7#b7 ,technical amendment regarding application to short-time compensation programs and agreements ,section #bajd7;i77#b7 of division ,a of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;i77#b77 is amended-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 short-time compensation under section #bajh or #baji4 4 7c7 ,extension of enhanced benefits under the ,railroad ,unemployment ,insurance ,act ,section #b7;a77#e77;,a7 of the ,railroad ,unemployment ,insurance ,act 7#de ,u4,s4,c4 #ceb7;a77#e77;,a77 is amended by inserting after the first sentence the following new sentence3 ,notwithstanding paragraph 7#c71 subsection 7c77#a77;,b71 and any other limitation on total benefits in this ,act1 for registration periods beginning after ,july #ca1 #bjbj1 but on or before ,december #bg1 #bjbj1 a recovery benefit in the amount of #fjj shall be payable with respect to a qualified employee for a period in which the individual received unemployment benefits under paragraph 7#a77;,a744 7d7 ,effective date ,the amendments made by this section shall take effect as if included in the enactment of the ,,cares ,act 7#ae ,u4,s4,c4 #ijja note74 ,,iv ,small business programs #djja4 ,small business recovery 7a7 ,short title ,this section may be cited as the ,continuing the ,paycheck ,protection ,program ,act4 7b7 ,definitions ,in this section3 7#a7 ,administration2 ,administrator ,the terms ,administration and ,administrator mean the ,small ,business ,administration and the ,administrator thereof1 respectively4 7#b7 ,small business concern ,the term small business concern has the meaning given the term in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7c7 ,emergency rulemaking authority ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall issue regulations to carry out this section and the amendments made by this section without regard to the notice requirements under section #eec7;b7 of title #e1 ,united ,states ,code4 7d7 ,additional eligible expenses 7#a7 ,allowable use of ,,ppp loan ,section #g7;a77#cf77;,f77i7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,f77i77 is amended-- 7,a7 in subclause 7,,vi71 by striking and at the end2 7,b7 in subclause 7,,vii71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,,viii7 covered operations expenditures1 as defined in section #aajf7;a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7;a772 7,,ix7 covered property damage costs1 as defined in such section #aajf7;a72 7,x7 covered supplier costs1 as defined in such section #aajf7;a72 and 7,,xi7 covered worker protection expenditures1 as defined in such section #aajf7;a74 4 7#b7 ,loan forgiveness ,section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7 is amended-- 7,a7 in subsection 7a7-- 7i7 by redesignating paragraphs 7#f71 7#g71 and 7#h7 as paragraphs 7#aj71 7#aa71 and 7#ab71 respectively2 7ii7 by redesignating paragraph 7#e7 as paragraph 7#h72 7iii7 by redesignating paragraph 7#d7 as paragraph 7#f72 7iv7 by redesignating paragraph 7#c7 as paragraph 7#d72 7v7 by inserting after paragraph 7#b7 the following3 7#c7 the term covered operations expenditure means a payment for any business software or cloud computing service that facilitates business operations1 product or service delivery1 the processing1 payment1 or tracking of payroll expenses1 human resources1 sales and billing functions1 or accounting or tracking of supplies1 inventory1 records and expenses2 2 7vi7 by inserting after paragraph 7#d71 as so redesignated1 the following3 7#e7 the term covered property damage cost means a cost related to property damage and vandalism or looting due to public disturbances that occurred during #bjbj that was not covered by insurance or other compensation2 2 7vii7 by inserting after paragraph 7#f71 as so redesignated1 the following3 7#e7 the term covered supplier cost means an expenditure made by an entity to a supplier of goods pursuant to a contract in effect before ,february #ae1 #bjbj for the supply of goods that are essential to the operations of the entity at the time at which the expenditure is made2 2 7viii7 by inserting after paragraph 7#h71 as so redesignated1 the following3 7#i7 the term covered worker protection expenditure-- 7,a7 means an operating or a capital expenditure that is required 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 ,services1 the ,centers for ,disease ,control1 or the ,occupational ,safety and ,health ,administration during the period beginning on ,march #a1 #bjbj and ending ,december #ca1 #bjbj related to the maintenance of standards for sanitation1 social distancing1 or any other worker or customer safety requirement related to ,,covid-#ai2 7,b7 may include-- 7i7 the purchase1 maintenance1 or renovation of assets that create or expand-- 7,i7 a drive-through window facility2 7,,ii7 an indoor1 outdoor1 or combined air or air pressure ventilation or filtration system2 7,,iii7 a physical barrier such as a sneeze guard2 7,,iv7 an indoor1 outdoor1 or combined commercial real property2 7,v7 an onsite or offsite health screening capability2 or 7,,vi7 other assets relating to the compliance with the requirements or guidance described in subparagraph 7,a71 as determined by the ,administrator in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor2 and 7ii7 the purchase of-- 7,i7 covered materials described in section #cbh4ajc7;a7 of title #dd1 ,code of ,federal ,regulations1 or any successor regulation2 7,,ii7 particulate filtering facepiece respirators approved by the ,national ,institute for ,occupational ,safety and ,health1 including those approved only for emergency use authorization2 or 7,,iii7 other kinds of personal protective equipment1 as determined by the ,administrator in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor2 and 7,c7 does not include residential real property or intangible property2 2 and 7ix7 in paragraph 7#aa71 as so redesignated-- 7,i7 in subparagraph 7,c71 by striking and at the end2 7,,ii7 in subparagraph 7,d71 by striking and at the end2 and 7,,iii7 by adding at the end the following3 7,e7 covered operations expenditures2 7,f7 covered property damage costs2 7,g7 covered supplier costs2 and 7,h7 covered worker protection expenditures2 and 2 7,b7 in subsection 7b71 by adding at the end the following3 7#e7 ,any covered operations expenditure4 7#f7 ,any covered property damage cost4 7#g7 ,any covered supplier cost4 7#h7 ,any covered worker protection expenditure4 2 7,c7 in subsection 7d77#h71 by inserting any payment on any covered operations expenditure1 any payment on any covered property damage cost1 any payment on any covered supplier cost1 any payment on any covered worker protection expenditure1 after rent obligation12 and 7,d7 in subsection 7e7-- 7i7 in paragraph 7#b71 by inserting payments on covered operations expenditures1 payments on covered property damage costs1 payments on covered supplier costs1 payments on covered worker protection expenditures1 after lease obligations12 and 7ii7 in paragraph 7#c77;,b71 by inserting make payments on covered operations expenditures1 make payments on covered property damage costs1 make payments on covered supplier costs1 make payments on covered worker protection expenditures1 after rent obligation14 7e7 ,lender safe harbor ,subsection 7h7 of section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7 is amended to read as follows3 7h7 ,hold harmless 7#a7 ,in general ,a lender may rely on any certification or documentation submitted by an applicant for a covered loan or an eligible recipient of a covered loan that-- 7,a7 is submitted pursuant to any statutory requirement relating to covered loans or any rule or guidance issued to carry out any action relating to covered loans2 and 7,b7 attests that the applicant or eligible recipient1 as applicable1 has accurately verified any certification or documentation provided to the lender4 7#b7 ,no enforcement action ,with respect to a lender that relies on a certification or documentation described in paragraph 7#a7-- 7,a7 an enforcement action may not be taken against the lender acting in good faith relating to origination or forgiveness of a covered loan based on such reliance2 and 7,b7 the lender acting in good faith shall not be subject to any penalties relating to origination or forgiveness of a covered loan based on such reliance4 4 7f7 ,selection of covered period for forgiveness ,section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7 is amended-- 7#a7 by amending paragraph 7#d7 of subsection 7a71 as so redesignated by subsection 7d7 of this section1 to read as follows3 7#d7 the term covered period means the period-- 7,a7 beginning on the date of the origination of a covered loan2 and 7,b7 ending on a date selected by the eligible recipient of the covered loan that occurs during the period-- 7i7 beginning on the date that is #h weeks after such date of origination2 and 7ii7 ending on ,december #ca1 #bjbj2 2 and 7#b7 by striking subsection 7l74 7g7 ,simplified application ,section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje71 as amended by subsection 7f7 of this section1 is amended-- 7#a7 in subsection 7e71 in the matter preceding paragraph 7#a71 by striking ,an eligible and inserting ,except as provided in subsection 7l71 an eligible2 7#b7 in subsection 7f71 by inserting or the information required under subsection 7l71 as applicable after subsection 7e72 and 7#c7 by adding at the end the following3 7l7 ,simplified application 7#a7 ,covered loans under #aej1jjj 7,a7 ,in general ,notwithstanding subsection 7e71 with respect to a covered loan made to an eligible recipient that is not more than #aej1jjj1 the covered loan amount shall be forgiven under this section if the eligible recipient-- 7i7 signs and submits to the lender a one-page online or paper form1 to be established by the ,administrator not later than #g days after the date of enactment of the ,continuing the ,paycheck ,protection ,program ,act1 that-- 7,i7 reports the amount of the covered loan amount spent by the eligible recipient-- 7aa7 on payroll costs2 and 7bb7 on the sum of-- 7,,aa7 payments of interest on any covered mortgage obligation 7which shall not include any prepayment of or payment of principal on a covered mortgage obligation72 7,,bb7 payments on any covered rent obligation2 7,,cc7 covered utility payments2 7,,dd7 covered operations expenditures2 7,,ee7 covered property damage costs2 7,,ff7 covered supplier costs2 and 7,,gg7 covered worker protection expenditures2 and 7,,ii7 attests that the eligible recipient made a good faith effort to comply with the requirements under section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf772 and 7ii7 retains records relevant to the form that prove compliance with those requirements-- 7,i7 with respect to employment records1 for the #d-year period following submission of the form2 and 7,,ii7 with respect to other records1 for the #c-year period following submission of the form4 7,b7 ,demographic information ,an eligible recipient of a covered loan described in subparagraph 7,a7 may complete and submit any form related to borrower demographic information4 7,c7 ,audit ,the ,administrator may-- 7i7 review and audit covered loans described in subparagraph 7,a72 and 7ii7 in the case of fraud1 ineligibility1 or other material noncompliance with applicable loan or loan forgiveness requirements1 modify-- 7,i7 the amount of a covered loan described in subparagraph 7,a72 or 7,,ii7 the loan forgiveness amount with respect to a covered loan described in subparagraph 7,a74 7#b7 ,covered loans between #aej1jjj and #b1jjj1jjj 7,a7 ,in general ,notwithstanding subsection 7e71 with respect to a covered loan made to an eligible recipient that is more than #aej1jjj and not more than #b1jjj1jjj-- 7i7 the eligible recipient seeking loan forgiveness under this section-- 7,i7 is not required to submit the supporting documentation described in paragraph 7#a7 or 7#b7 of subsection 7e7 or the certification described in subsection 7e77#c77;,a72 7,,ii7 shall retain-- 7aa7 all employment records relevant to the application for loan forgiveness for the #d-year period following submission of the application2 and 7bb7 all other supporting documentation relevant to the application for loan forgiveness for the #c-year period following submission of the application2 and 7,,iii7 may complete and submit any form related to borrower demographic information2 7ii7 review by the lender of an application submitted by the eligible recipient for loan forgiveness under this section shall be limited to whether the lender received a complete application1 with all fields completed1 initialed1 or signed1 as applicable2 and 7iii7 the lender shall-- 7,i7 accept the application submitted by the eligible recipient for loan forgiveness under this section2 and 7,,ii7 submit the application to the ,administrator4 7,b7 ,audit ,the ,administrator may-- 7i7 review and audit covered loans described in subparagraph 7,a72 and 7ii7 in the case of fraud1 ineligibility1 or other material noncompliance with applicable loan or loan forgiveness requirements1 modify-- 7,i7 the amount of a covered loan described in subparagraph 7,a72 or 7,,ii7 the loan forgiveness amount with respect to a covered loan described in subparagraph 7,a74 7#c7 ,audit plan 7,a7 ,in general ,not later than #cj days after the date of enactment of the ,continuing the ,paycheck ,protection ,program ,act1 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-- 7i7 the policies and procedures of the ,administrator for conducting reviews and audits of covered loans2 and 7ii7 the metrics that the ,administrator shall use to determine which covered loans will be audited for each category of covered loans described in paragraphs 7#a7 and 7#b74 7,b7 ,reports ,not later than #cj days after the date on which the ,administrator submits the audit plan required under subparagraph 7,a71 and each month thereafter1 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 review and audit activities of the ,administrator under this subsection1 which shall include-- 7i7 the number of active reviews and audits2 7ii7 the number of reviews and audits that have been ongoing for more than #fj days2 and 7iii7 any substantial changes made to the audit plan submitted under subparagraph 7,a74 4 7h7 ,group insurance payments as payroll costs ,section #g7;a77#cf77;,a77viii77,i77aa77,,ee7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a77viii77,i77aa77,,ee77 is amended by inserting and other group insurance before benefits4 7i7 ,paycheck protection program second draw loans ,section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 is amended by adding at the end the following3 7#cg7 ,paycheck protection program second draw loans 7,a7 ,definitions ,in this paragraph-- 7i7 the terms community financial institutions1 credit union1 eligible self-employed individual1 insured depository institution1 nonprofit organization1 payroll costs1 seasonal employer1 and veterans organization have the meanings given those terms in paragraph 7#cf71 except that eligible entity shall be substituted for eligible recipient each place it appears in the definitions of those terms2 7ii7 the term covered loan means a loan made under this paragraph2 7iii7 the terms covered mortgage obligation1 covered operating expenditure1 covered property damage cost1 covered rent obligation1 covered supplier cost1 covered utility payment1 and covered worker protection expenditure have the meanings given those terms in section #aajf7;a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7;a772 7iv7 the term covered period means the period beginning on the date of the origination of a covered loan and ending on ,december #ca1 #bjbj2 7v7 the term eligible entity-- 7,i7 means any business concern1 nonprofit organization1 veterans organization1 ,tribal business concern1 eligible self-employed individual1 sole proprietor1 independent contractor1 or small agricultural cooperative that-- 7aa7 7,,aa7 with respect to a business concern1 would qualify as a small business concern by the annual receipts size standard 7if applicable7 established by section #aba4bja of title #ac1 ,code of ,federal ,regulations1 or any successor regulation2 or 7,,bb7 if the entity does not qualify as a small business concern1 meets the alternative size standard established under section #c7;a77#e72 7bb7 employs not more than #cjj employees2 and 7cc7 7,,aa7 except as provided in subitems 7,,bb71 7,,cc71 and 7,,dd71 had gross receipts during the first or second quarter in #bjbj that are not less than #ce percent less than the gross receipts of the entity during the same quarter in #bjai2 7,,bb7 if the entity was not in business during the first or second quarter of #bjai1 but was in business during the third and fourth quarter of #bjai1 had gross receipts during the first or second quarter of #bjbj that are less than #ce percent of the amount of the gross receipts of the entity during the third or fourth quarter of #bjai2 7,,cc7 if the entity was not in business during the first1 second1 or third quarter of #bjai1 but was in business during the fourth quarter of #bjai1 had gross receipts during the first or second quarter of #bjbj that are less than #ce percent of the amount of the gross receipts of the entity during the fourth quarter of #bjai2 or 7,,dd7 if the entity was not in business during #bjai1 but was in operation on ,february #ae1 #bjbj1 had gross receipts during the second quarter of #bjbj that are less than #ce percent of the amount of the gross receipts of the entity during the first quarter of #bjbj2 7,,ii7 includes an organization described in subparagraph 7,d77vii7 of paragraph 7#cf7 that is eligible to receive a loan under that paragraph and that meets the requirements described in items 7aa7 and 7cc7 of subclause 7,i72 and 7,,iii7 does not include-- 7aa7 an issuer1 the securities of which are listed on an exchange registered a national securities exchange under section #f of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;f72 7bb7 any entity that-- 7,,aa7 is a type of business concern described in subsection 7b71 7c71 7d71 7e71 7f71 7h71 7l7 7m71 7p71 7q71 7r71 or 7s7 of section #abj4aaj of title #ac1 ,code of ,federal ,regulations1 or any successor regulation2 7,,bb7 is a type of business concern described in section #abj4aaj7;g7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 except as otherwise provided in the interim final rule of the ,administration entitled ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program--,additional ,eligibility ,criteria and ,requirements for ,certain ,pledges of ,loans 7#he ,fed4 ,reg4 #bagdg 7,april #bj1 #bjbj772 7,,cc7 is a type of business concern described in section #abj4aaj7;i7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 except if the business concern is an organization described in paragraph 7#cf77;,d77vii72 7,,dd7 is a type of business concern described in section #abj4aaj7;j7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 except as otherwise provided in the interim final rules of the ,administration entitled ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program--,eligibility of ,certain ,electric ,cooperatives 7#he ,fed4 ,reg4 #bihdg 7,may #ai1 #bjbj77 and ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program--,eligibility of ,certain ,telephone ,cooperatives 7#he ,fed4 ,reg4 #ceeej 7,june #aa1 #bjbj77 or any other guidance or rule issued or that may be issued by the ,administrator2 7,,ee7 is a type of business concern described in section #abj4aaj7n7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 except as otherwise provided in the interim final rule of the ,administration entitled ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program--,additional ,eligibility ,revisions to ,first ,interim ,final ,rule 7#he ,fed4 ,reg4 #chcja 7,june #bf1 #bjbj77 or any other guidance or rule issued or that may be issued by the ,administrator2 7,,ff7 is a type of business concern described in section #abj4aaj7o7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 except as otherwise provided in any guidance or rule issued or that may be issued by the ,administrator2 or 7,,gg7 is an entity that would be described in the subsections listed in subitems 7,,aa7 through 7,,ff7 if the entity were a business concern2 or 7,,hh7 is assigned1 or was approved for a loan under paragraph 7#cf7 with1 a ,north ,american ,industry ,classification ,system code beginning with #eb2 7cc7 any business concern or entity primarily engaged in political or lobbying activities1 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 documents2 or 7dd7 any business concern or entity-- 7,,aa7 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 ,kong1 or that has significant operations in the ,people's ,republic of ,china or the ,special ,administrative ,region of ,hong ,kong1 owns or holds1 directly or indirectly1 not less than #bj percent of the economic interest of the business concern or entity1 including as equity shares or a capital or profit interest in a limited liability company or partnership2 or 7,,bb7 that retains1 as a member of the board of directors of the business concern1 a person who is a resident of the ,people's ,republic of ,china2 7vi7 the terms exchange1 issuer1 and security have the meanings given those terms in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a772 and 7vii7 the term ,tribal business concern means a ,tribal business concern described in section #ca7;b77#b77;,c74 7,b7 ,loans ,except as otherwise provided in this paragraph1 the ,administrator may guarantee covered loans to eligible entities under the same terms1 conditions1 and processes as a loan made under paragraph 7#cf74 7,c7 ,maximum loan amount 7i7 ,in general ,except as otherwise provided in this subparagraph1 the maximum amount of a covered loan made to an eligible entity is the lesser of-- 7,i7 the product obtained by multiplying-- 7aa7 at the election of the eligible entity1 the average total monthly payment for payroll costs incurred or paid by the eligible entity during-- 7,,aa7 the #a-year period before the date on which the loan is made2 or 7,,bb7 calendar year #bjai2 by 7bb7 #b4e2 or 7,,ii7 #b1jjj1jjj4 7ii7 ,seasonal employers ,the maximum amount of a covered loan made to an eligible entity that is a seasonal employer is the lesser of-- 7,i7 the product obtained by multiplying-- 7aa7 at the election of the eligible entity1 the average total monthly payments for payroll costs incurred or paid by the eligible entity-- 7,,aa7 for a #ab-week period beginning ,february #ae1 #bjai or ,march #a1 #bjai and ending ,june #cj1 #bjai2 or 7,,bb7 for a consecutive #ab-week period between ,may #a1 #bjai and ,september #ae1 #bjai2 by 7bb7 #b4e2 or 7,,ii7 #b1jjj1jjj4 7iii7 ,new entities ,the maximum amount of a covered loan made to an eligible entity that did not exist during the #a-year period preceding ,february #ae1 #bjbj is the lesser of-- 7,i7 the product obtained by multiplying-- 7aa7 the quotient obtained by dividing-- 7,,aa7 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 loan2 by 7,,bb7 the number of months in which those payroll costs were paid or incurred2 by 7bb7 #b4e2 or 7,,ii7 #b1jjj1jjj4 7iv7 ,limit for multiple locations ,with respect to an eligible entity with more than #a physical location1 the total amount of all covered loans shall be not more than #b1jjj1jjj4 7v7 ,loan number limitation ,an eligible entity may only receive #a covered loan4 7vi7 #ij day rule for maximum loan amount ,the maximum aggregate loan amount of loans guaranteed under this subsection that are approved for an eligible entity 7including any affiliates7 within #ij days of approval of another loan under this subsection for the eligible entity 7including any affiliates7 shall not exceed #aj1jjj1jjj4 7,d7 ,exception from certain certification requirements ,an eligible entity applying for a covered loan shall not be required to make the certification described in subclause 7,,iii7 or 7,,iv7 of paragraph 7#cf77;,g77i74 7,e7 ,fee waiver ,with respect to a covered loan-- 7i7 in lieu of the fee otherwise applicable under paragraph 7#bc77;,a71 the ,administrator shall collect no fee2 and 7ii7 in lieu of the fee otherwise applicable under paragraph 7#ah77;,a71 the ,administrator shall collect no fee4 7,f7 ,eligible churches and religious organizations 7i7 ,sense of congress ,it is the sense of ,congress that the interim final rule of the ,administration entitled ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program 7#he ,fed4 ,reg4 #bjhag 7,april #ae1 #bjbj77 properly clarified the eligibility of churches and religious organizations for loans made under paragraph 7#cf74 7ii7 ,applicability of prohibition ,the prohibition on eligibility established by section #abj4aaj7k7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 shall not apply to a covered loan4 7,g7 ,gross receipts for nonprofit and veterans organizations ,for purposes of calculating gross receipts under subparagraph 7,a77v77,i77cc7 for an eligible entity that is a nonprofit organization1 a veterans organization1 or an organization described in subparagraph 7,a77v77,,ii71 gross receipts-- 7i7 shall include proceeds from fundraising events1 federated campaigns1 gifts1 donor-advised funds1 and funds from similar sources2 and 7ii7 shall not include-- 7,i7 ,federal grants 7excluding any loan forgiveness on loans received under paragraph 7#cf7 or this paragraph72 7,,ii7 revenues from a supporting organization2 7,,iii7 grants from private foundations that are disbursed over the course of more than #a calendar year2 or 7,,iv7 any contribution of property other than money1 stocks1 bonds1 and other securities1 provided that the non-cash contribution is not sold by the organization in a transaction unrelated to the tax-exempt purpose of the organization4 7,h7 ,loan forgiveness 7i7 ,in general ,except as otherwise provided in this subparagraph1 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 7#cf71 as described in section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje74 7ii7 ,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 period3 7,i7 ,payroll costs4 7,,ii7 ,any payment of interest on any covered mortgage obligation 7which shall not include any prepayment of or payment of principal on a covered mortgage obligation74 7,,iii7 ,any covered operations expenditure4 7,,iv7 ,any covered property damage cost4 7,v7 ,any payment on any covered rent obligation4 7,,vi7 ,any covered utility payment4 7,,vii7 ,any covered supplier cost4 7,,viii7 ,any covered worker protection expenditure4 7iii7 ,limitation on forgiveness for all eligible entities ,the forgiveness amount under this subparagraph shall be equal to the lesser of-- 7,i7 the amount described in clause 7ii72 and 7,,ii7 the amount equal to the quotient obtained by dividing-- 7aa7 the amount of the covered loan used for payroll costs during the covered period2 and 7bb7 #j4fj4 7,i7 ,lender eligibility ,except as otherwise provided in this paragraph1 a lender approved to make loans under paragraph 7#cf7 may make covered loans under the same terms and conditions as in paragraph 7#cf74 7,j7 ,reimbursement for loan processing and servicing ,the ,administrator shall reimburse a lender authorized to make a covered loan in an amount that is-- 7i7 #c percent of the principal amount of the financing of the covered loan up to #cej1jjj2 and 7ii7 #a percent of the principal amount of the financing of the covered loan above #cej1jjj1 if applicable4 7,k7 ,set aside for small entities ,not less than #be1jjj1jjj1jjj of the total amount of covered loans guaranteed by the ,administrator shall be made to eligible entities with not more than #aj employees as of ,february #ae1 #bjbj4 7,l7 ,set aside for community financial institutions1 small insured depository institutions1 credit unions1 and farm credit system institutions ,not less than #aj1jjj1jjj1jjj of the total amount of covered loans guaranteed by the ,administrator shall be made by-- 7i7 community financial institutions2 7ii7 insured depository institutions with consolidated assets of less than #aj1jjj1jjj1jjj2 7iii7 credit unions with consolidated assets of less than #aj1jjj1jjj1jjj2 and 7iv7 institutions of the ,farm ,credit ,system chartered under the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjja et seq47 with consolidated assets of less than #aj1jjj1jjj1jjj 7not including the ,federal ,agricultural ,mortgage ,corporation74 7,m7 ,publication of guidance ,not later than #aj days after the date of enactment of this paragraph1 the ,administrator shall issue guidance addressing barriers to accessing capital for minority1 underserved1 veteran1 and women-owned business concerns for the purpose of ensuring equitable access to covered loans4 7,n7 ,standard operating procedure ,the ,administrator shall1 to the maximum extent practicable1 allow a lender approved to make covered loans to use existing program guidance and standard operating procedures for loans made under this subsection4 7,o7 ,prohibition on use of proceeds for lobbying activities ,none of the proceeds of a covered loan may be used for-- 7i7 lobbying activities1 as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb72 7ii7 lobbying expenditures related to a ,state or local election2 or 7iii7 expenditures designed to influence the enactment of legislation1 appropriations1 regulation1 administrative action1 or ,executive order proposed or pending before ,congress or any ,state government1 ,state legislature1 or local legislature or legislative body4 4 7j7 ,continued access to the paycheck protection program 7#a7 ,in general ,section #g7;a77#cf77;,e77ii7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,e77ii77 is amended by striking #aj1jjj1jjj and inserting #b1jjj1jjj4 7#b7 ,applicability of maximum loan amount calculation 7,a7 ,definitions ,in this paragraph1 the terms covered loan and eligible recipient have the meanings given those terms in section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf774 7,b7 ,applicability ,the amendment made by paragraph 7#a7 shall apply only with respect to a covered loan applied for by an eligible recipient on or after the date of enactment of this ,act4 7k7 ,increased ability for paycheck protection program borrowers to request an increase in loan amount due to updated regulations 7#a7 ,definitions ,in this subsection1 the terms covered loan and eligible recipient have the meanings given those terms in section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf774 7#b7 ,increased amount ,notwithstanding the interim final rule issued by the ,administration entitled ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program--,loan ,increases 7#he ,fed4 ,reg4 #bihdb 7,may #ai1 #bjbj771 an eligible recipient of a 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 covered loan amount even if-- 7,a7 the initial covered loan amount has been fully disbursed2 or 7,b7 the lender of the initial covered loan has submitted to the ,administration a ,form #aejb report related to the covered loan4 7l7 ,calculation of maximum loan amount for farmers and ranchers under the paycheck protection program 7#a7 ,in general ,section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf771 as amended by subsection 7j7 of this section1 is amended-- 7,a7 in subparagraph 7,e71 in the matter preceding clause 7i71 by striking ,during and inserting ,except as provided in subparagraph 7,t71 during2 and 7,b7 by adding at the end the following3 7,t7 ,calculation of maximum loan amount for farmers and ranchers 7i7 ,definition ,in this subparagraph1 the term covered recipient means an eligible recipient that-- 7,i7 operates as a sole proprietorship or as an independent contractor1 or is an eligible self-employed individual2 7,,ii7 reports farm income or expenses on a ,schedule ,f 7or any equivalent successor schedule72 and 7,,iii7 was in business during the period beginning on ,february #ae1 #bjai and ending on ,june #cj1 #bjai4 7ii7 ,no employees ,with respect to covered recipient without employees1 the maximum covered loan amount shall be the lesser of-- 7,i7 the sum of-- 7aa7 the product obtained by multiplying-- 7,,aa7 the gross income of the covered recipient in #bjai1 as reported on a ,schedule ,f 7or any equivalent successor schedule71 that is not more than #ajj1jjj1 divided by #ab2 and 7,,bb7 #b4e2 and 7bb7 the outstanding amount of a loan under subsection 7b77#b7 that was made during the period beginning on ,january #ca1 #bjbj and ending on ,april #c1 #bjbj that the borrower intends to refinance under the covered loan1 not including any amount of any advance under the loan that is not required to be repaid2 or 7,,ii7 #b1jjj1jjj4 7iii7 ,with employees ,with respect to a covered recipient with employees1 the maximum covered loan amount shall be calculated using the formula described in subparagraph 7,e71 except that the gross income of the covered recipient described in clause 7ii77,i77aa77,,aa7 of this subparagraph1 as divided by #ab1 shall be added to the sum calculated under subparagraph 7,e77i77,i74 7iv7 ,recalculation ,a lender that made a covered loan to a covered recipient before the date of enactment of this subparagraph may1 at the request of the covered recipient-- 7,i7 recalculate the maximum loan amount applicable to that covered loan based on the formula described in clause 7ii7 or 7iii71 as applicable1 if doing so would result in a larger covered loan amount2 and 7,,ii7 provide the covered recipient with additional covered loan amounts based on that recalculation4 4 7m7 ,farm ,credit ,system institutions 7#a7 ,definition of ,farm ,credit ,system institution ,in this subsection1 the term ,farm ,credit ,system institution-- 7,a7 means an institution of the ,farm ,credit ,system chartered under the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjja et seq472 and 7,b7 does not include the ,federal ,agricultural ,mortgage ,corporation4 7#b7 ,facilitation of participation in ,,ppp and second draw loans 7,a7 ,applicable rules ,solely with respect to loans under paragraphs 7#cf7 and 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 ,farm ,credit ,administration regulations and guidance issued as of ,july #ad1 #bjbj1 and compliance with such regulations and guidance1 shall be deemed functionally equivalent to requirements referenced in section #c7;a77iii77,,ii7 of the interim final rule of the ,administration entitled ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program 7#he ,fed4 ,reg4 #bjhaa 7,april #ae1 #bjbj77 or any similar requirement referenced in that interim final rule in implementing such paragraph 7#cg74 7,b7 ,applicability of certain loan requirements ,for purposes of making loans under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 or forgiving those loans in accordance with section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7 and subparagraph 7,h7 of such paragraph 7#cg71 sections #d4ac1 #d4ad1 and #d4ad;,a of the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #baii1 #bbjb1 #bbjb;a7 7including regulations issued under those sections7 shall not apply4 7,c7 ,risk weight 7i7 ,in general ,with respect to the application of ,farm ,credit ,administration capital requirements1 a loan described in clause 7ii7-- 7,i7 shall receive a risk weight of zero percent2 and 7,,ii7 shall not be included in the calculation of any applicable leverage ratio or other applicable capital ratio or calculation4 7ii7 ,loans described ,a loan referred to in clause 7i7 is-- 7,i7 a loan made by a ,farm ,credit ,bank described in section #a4b7;a7 of the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjjb7;a77 to a ,federal ,land ,bank ,association1 a ,production ,credit ,association1 or an agricultural credit association described in that section to make loans under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 or forgive those loans in accordance with section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7 and subparagraph 7,h7 of such paragraph 7#cg72 or 7,,ii7 a loan made by a ,federal ,land ,bank ,association1 a ,production ,credit ,association1 an agricultural credit association1 or the bank for cooperatives described in section #a4b7;a7 of the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjjb7;a77 under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a774 7,d7 ,reservation of loan guarantees ,section #g7;a77#cf77,s7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77,s77 is amended-- 7i7 in clause 7i7-- 7,i7 in subclause 7,i71 by striking and at the end2 7,,ii7 in subclause 7,,ii71 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7,,iii7 institutions of the ,farm ,credit ,system chartered under the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjja et seq47 with consolidated assets of not less than #aj1jjj1jjj1jjj and less than #ej1jjj1jjj1jjj4 2 and 7ii7 in clause 7ii7-- 7,i7 in subclause 7,,ii71 by striking and at the end2 7,,ii7 in subclause 7,,iii71 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7,,iv7 institutions of the ,farm ,credit ,system chartered under the ,farm ,credit ,act of #aiga 7#ab ,u4,s4,c4 #bjja et seq47 with consolidated assets of less than #aj1jjj1jjj1jjj4 4 7n7 ,definition of seasonal employer 7#a7 ,,ppp loans ,section #g7;a77#cf77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a77 is amended-- 7,a7 in clause 7xi71 by striking and at the end2 7,b7 in clause 7xii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7xiii7 the term seasonal employer means an eligible recipient that-- 7,i7 does not operate for more than #g months in any calendar year2 or 7,,ii7 during the preceding calendar year1 had gross receipts for any #f months of that year that were not more than #cc4cc percent of the gross receipts of the employer for the other #f months of that year4 4 7#b7 ,loan forgiveness ,paragraph 7#ab7 of section #aajf7;a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7;a771 as so redesignated by subsection 7d77#b7 of this section1 is amended to read as follows3 7#ab7 the terms payroll costs and seasonal employer have the meanings given those terms in section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf774 4 7o7 ,eligibility of #eja7;c77#f7 organizations for loans under the paycheck protection program ,section #g7;a77#cf77;,d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,d77 is amended-- 7#a7 in clause 7v71 by inserting or whether an organization described in clause 7vii7 employs not more than #aej employees1 after clause 7i77,i712 7#b7 in clause 7vi71 by inserting 1 an organization described in clause 7vii71 after nonprofit organization2 and 7#c7 by adding at the end the following3 7vii7 ,eligibility for certain #eja7;c77#f7 organizations 7,i7 ,in general ,except as provided in subclause 7,,ii71 any organization that is described in section #eja7;c77#f7 of the ,internal ,revenue ,code and that is exempt from taxation under section #eja7;a7 of such ,code 7excluding professional sports leagues and organizations with the purpose of promoting or participating in a political campaign or other activity7 shall be eligible to receive a covered loan if-- 7aa7 the organization does not receive more than #aj percent of its receipts from lobbying activities2 7bb7 the lobbying activities of the organization do not comprise more than #aj percent of the total activities of the organization2 and 7cc7 the organization employs not more than #aej employees4 7,,ii7 ,destination marketing organizations ,notwithstanding subclause 7,i71 during the covered period1 any destination marketing organization shall be eligible to receive a covered loan if-- 7aa7 the destination marketing organization does not receive more than #aj percent of its receipts from lobbying activities2 7bb7 the lobbying activities of the destination marketing organization do not comprise more than #aj percent of the total activities of the organization2 7cc7 the destination marketing organization employs not more than #aej employees2 and 7dd7 the destination marketing organization-- 7,,aa7 is described in section #eja7;c7 of the ,internal ,revenue ,code and is exempt from taxation under section #eja7;a7 of such ,code2 or 7,,bb7 is a quasi-governmental entity or is a political subdivision of a ,state or local government1 including any instrumentality of those entities4 4 7p7 ,prohibition on use of loan proceeds for lobbying activities ,section #g7;a77#cf77;,f7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,f77 is amended by adding at the end the following3 7vi7 ,prohibition ,none of the proceeds of a covered loan may be used for-- 7,i7 lobbying activities1 as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb72 7,,ii7 lobbying expenditures related to a ,state or local election2 or 7,,iii7 expenditures designed to influence the enactment of legislation1 appropriations1 regulation1 administrative action1 or ,executive order proposed or pending before ,congress or any ,state government1 ,state legislature1 or local legislature or legislative body4 4 7q7 ,effective date2 applicability ,the amendments made to paragraph 7#cf7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 and title ,i of the ,,cares ,act 7,public ,law #aaf-acf7 under this section shall be effective as if included in the ,,cares ,act and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf774 7r7 ,bankruptcy provisions 7#a7 ,in general ,section #cfd of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 7#a7 ,the court1 after notice and a hearing1 may authorize a debtor in possession or a trustee that is authorized to operate the business of the debtor under section #aahc1 #aahd1 #abjc1 #abjd1 or #acjd of this title to obtain a loan under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 and such loan shall be treated as a debt to the extent the loan is not forgiven in accordance with section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7 or subparagraph 7,h7 of such paragraph 7#cg71 as applicable1 with priority equal to a claim of the kind specified in subsection 7c77#a7 of this section4 7#b7 ,the trustee may incur debt described in paragraph 7#a7 notwithstanding any provision in a contract1 prior order authorizing the trustee to incur debt under this section1 prior order authorizing the trustee to use cash collateral under section #cfc1 or applicable law that prohibits the debtor from incurring additional debt4 7#c7 ,the court shall hold a hearing within #g days after the filing and service of the motion to obtain a loan described in paragraph 7#a74 ,notwithstanding the ,federal ,rules of ,bankruptcy ,procedure1 at such hearing1 the court may grant relief on a final basis4 4 7#b7 ,allowance of administrative expenses ,section #ejc7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#h77;,b71 by striking and at the end2 7,b7 in paragraph 7#i71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#aj7 any debt incurred under section #cfd7;g77#a7 of this title4 4 7#c7 ,confirmation of plan for reorganization ,section #aaia of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,special provision related to ,,covid-#ai pandemic ,notwithstanding section #aabi7;a77#i77;,a7 of this title and subsection 7e7 of this section1 a plan that provides for payment of a claim of a kind specified in section #ejc7;b77#aj7 of this title may be confirmed under subsection 7b7 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 claim4 4 7#d7 ,confirmation of plan for family farmers and fishermen ,section #abbe of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,notwithstanding section #abbb7;a77#b7 of this title and subsection 7b77#a7 of this section1 a plan that provides for payment of a claim of a kind specified in section #ejc7;b77#aj7 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 claim4 4 7#e7 ,confirmation of plan for individuals ,section #acbe of title #aa1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,notwithstanding section #acbb7;a77#b7 of this title and subsection 7b77#a7 of this section1 a plan that provides for payment of a claim of a kind specified in section #ejc7;b77#aj7 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 claim4 4 7#f7 ,effective date2 ,sunset 7,a7 ,effective date ,the amendments made by paragraphs 7#a7 through 7#e7 shall-- 7i7 take effect on the date on which the ,administrator submits to the ,director of the ,executive ,office for ,united ,states ,trustees a written determination that1 subject to satisfying any other eligibility requirements1 any debtor in possession or trustee that is authorized to operate the business of the debtor under section #aahc1 #aahd1 #abjc1 #abjd1 or #acjd of title #aa1 ,united ,states ,code1 would be eligible for a loan under paragraphs 7#cf7 and 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a772 and 7ii7 apply to any case pending on or commenced on or after the date described in clause 7i74 7,b7 ,sunset 7i7 ,in general ,if the amendments made by this subsection take effect under subparagraph 7,a71 effective on the date that is #b years after the date of enactment of this ,act-- 7,i7 section #cfd of title #aa1 ,united ,states ,code1 is amended by striking subsection 7g72 7,,ii7 section #ejc7;b7 of title #aa1 ,united ,states ,code1 is amended-- 7aa7 in paragraph 7#h77;,b71 by adding and at the end2 7bb7 in paragraph 7#i71 by striking 2 and at the end and inserting a period2 and 7cc7 by striking paragraph 7#aj72 7,,iii7 section #aaia of title #aa1 ,united ,states ,code1 is amended by striking subsection 7f72 7,,iv7 section #abbe of title #aa1 ,united ,states ,code1 is amended by striking subsection 7d72 and 7,v7 section #acbe of title #aa1 ,united ,states ,code1 is amended by striking subsection 7d74 7ii7 ,applicability ,notwithstanding the amendments made by clause 7i7 of this subparagraph1 if the amendments made by paragraphs 7#a71 7#b71 7#c71 7#d71 and 7#e7 take effect under subparagraph 7,a7 of this paragraph1 such amendments shall apply to any case under title #aa1 ,united ,states ,code1 commenced before the date that is #b years after the date of enactment of this ,act4 7s7 ,oversight 7#a7 ,compliance with oversight requirements 7,a7 ,in general ,except as provided in subparagraph 7,b71 on and after the date of enactment of this ,act1 the ,administrator shall comply with any data or information requests or inquiries made by the ,comptroller ,general of the ,united ,states not later than #cj days 7or such later date as the ,comptroller ,general may specify7 after receiving the request or inquiry4 7,b7 ,exception ,if the ,administrator is unable to comply with a request or inquiry described in subparagraph 7,a7 within the #cj-;day period or1 if applicable1 later period described in that clause1 the ,administrator shall1 during that #cj-;day 7or later7 period1 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 inquiry4 7#b7 ,testimony ,not later than the date that is #cj days after the date of enactment of this ,act1 and every quarter thereafter until the date that is #b years after the date of enactment of this ,act1 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 section and the amendments made by this section4 7t7 ,conflicts of interest 7#a7 ,definitions ,in this subsection3 7,a7 ,controlling interest ,the term controlling interest means owning1 controlling1 or holding not less than #bj percent1 by vote or value1 of the outstanding amount of any class of equity interest in an entity4 7,b7 ,covered entity 7i7 ,definition ,the term covered entity means an entity in which a covered individual directly or indirectly holds a controlling interest4 7ii7 ,treatment of securities ,for the purpose of determining whether an entity is a covered entity1 the securities owned1 controlled1 or held by #b or more individuals who are related as described in subparagraph 7,c77ii7 shall be aggregated4 7,c7 ,covered individual ,the term covered individual means-- 7i7 the ,president1 the ,vice ,president1 the head of an ,executive department1 or a ,member of ,congress2 and 7ii7 the spouse1 child1 son-in-law1 or daughter-in-law1 as determined under applicable common law1 of an individual described in clause 7i74 7,d7 ,executive department ,the term ,executive department has the meaning given the term in section #aja of title #e1 ,united ,states ,code4 7,e7 ,member of congress ,the term ,member of ,congress means a ,member of the ,senate or ,house of ,representatives1 a ,delegate to the ,house of ,representatives1 and the ,resident ,commissioner from ,puerto ,rico4 7,f7 ,equity interest ,the term equity interest means-- 7i7 a share in an entity1 without regard to whether the share is-- 7,i7 transferable2 or 7,,ii7 classified as stock or anything similar2 7ii7 a capital or profit interest in a limited liability company or partnership2 or 7iii7 a warrant or right1 other than a right to convert1 to purchase1 sell1 or subscribe to a share or interest described in clause 7i7 or 7ii71 respectively4 7#b7 ,requirement ,the principal executive officer and the principal financial officer1 or individuals performing similar functions1 of an entity seeking to enter a transaction made under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as added and amended by this section1 shall1 before that transaction is approved1 disclose to the ,administrator whether the entity is a covered entity4 7#c7 ,applicability ,the requirement under paragraph 7#b7-- 7,a7 shall apply with respect to any transaction made under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as added and amended by this section1 on or after the date of enactment of this ,act2 and 7,b7 shall not apply with respect to-- 7i7 any transaction described in subparagraph 7,a7 that was made before the date of enactment of this ,act2 or 7ii7 forgiveness under section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje7 or any other provision of law of any loan associated with any transaction described in subparagraph 7,a7 that was made before the date of enactment of this ,act4 7u7 ,commitment authority and appropriations 7#a7 ,commitment authority ,section #aajb7;b7 of the ,,cares ,act 7,public ,law #aaf-acf7 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by inserting and second draw after ,,ppp2 7ii7 by striking ,august #h1 #bjbj and inserting ,december #ca1 #bjbj2 7iii7 by striking paragraph 7#cf7 and inserting paragraphs 7#cf7 and 7#cg72 and 7iv7 by striking #fei1jjj1jjj1jjj and inserting #haf1fdj1jjj1jjj2 and 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,other #g7;a7 loans ,during fiscal year #bjbj1 the amount authorized for commitments for section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 under the heading ,small ,business ,administration--,business ,loans ,program ,account in the ,financial ,services and ,general ,government ,appropriations ,act1 #bjbj 7division ,c of ,public ,law #aaf-aic7 shall apply with respect to any commitments under such section #g7;a7 other than under paragraphs 7#cf7 and 7#cg7 of such section #g7;a74 4 7#b7 ,direct appropriations 7,a7 ,new direct appropriations for ,,ppp loans1 second draw loans1 and the ,,mbda 7i7 ,,ppp and second draw loans ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbj1 to remain available until ,september #cj1 #bjba1 for additional amounts-- 7,i7 #beg1fdj1jjj1jjj under the heading #8#8,small ,business ,administration--,business ,loans ,program ,account1 ,,cares ,act'' for the cost of guaranteed loans as authorized under paragraph 7#cf7 and 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 as amended and added by this ,act2 7,,ii7 #aj1jjj1jjj under the heading #8#8,department of ,commerce--,minority ,business ,development ,agency'' for minority business centers of the ,minority ,business ,development ,agency to provide technical assistance to small business concerns2 and 7,,iii7 #ej1jjj1jjj under the heading ,small ,business ,administration--,salaries and ,expenses for the cost of carrying out reviews and audits of loans under subsection 7l7 of section #aajf of the ,,cares ,act 7#ae ,u4,s4,c4 #ijje71 as amended by this ,act4 7,b7 ,availability of amounts appropriated for the ,office of ,inspector ,general ,section #aajg7;a77#c7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijjf7;a77#c77 is amended by striking ,september #bj1 #bjbd and inserting expended4 ,v ,postal ,service assistance #ejja4 ,,covid-#ai funding for the ,united ,states ,postal ,service ,section #fjja of the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 is amended-- 7#a7 in the section heading1 by striking borrowing authority and inserting funding2 7#b7 by redesignating subsection 7c7 as subsection 7e72 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,availability of amounts2 no repayment required ,notwithstanding subsection 7b7 or any agreement entered into between the ,secretary of the ,treasury and the ,postal ,service under that subsection1 the ,postal ,service-- 7#a7 may only use amounts borrowed under that subsection if the ,postal ,service has less than #h1jjj1jjj1jjj in cash on hand2 and 7#b7 shall not be required to repay the amounts borrowed under that subsection4 7d7 ,certifications 7#a7 ,postal ,regulatory ,commission ,the ,postal ,service shall certify in its quarterly and audited annual reports to the ,postal ,regulatory ,commission under section #cfed of title #ci1 ,united ,states ,code1 and in conformity with the requirements of section #ac or #ae7;d7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm1 #gho7d771 any expenditures made using amounts borrowed under subsection 7b7 of this section4 7#b7 ,congress ,not later than #ae days after filing a report described in paragraph 7#a7 with the ,postal ,regulatory ,commission1 the ,postal ,service shall submit a copy of the information required to be certified under that paragraph to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives4 4 ,,vi ,educational support and child care ,a ,emergency education freedom grants2 tax credits for contributions to eligible scholarship-granting organizations #fjja4 ,emergency education freedom grants 7a7 ,definitions ,in this section3 7#a7 ,eligible scholarship-granting organization ,the term eligible scholarship-granting organization means-- 7,a7 an organization that-- 7i7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code2 7ii7 provides qualifying scholarships to individual elementary and secondary students who-- 7,i7 reside in the ,state in which the eligible scholarship-granting organization is recognized2 or 7,,ii7 in the case of funds provided to the ,secretary of the ,interior1 attending elementary schools or secondary schools operated or funded by the ,bureau of ,indian ,education2 7iii7 allocates at least #ij percent of qualified contributions to qualifying scholarships on an annual basis2 and 7iv7 provides qualifying scholarships to-- 7,i7 more than #a eligible student2 7,,ii7 more than #a eligible family2 and 7,,iii7 different eligible students attending more than #a education provider2 7,b7 an organization that-- 7i7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code2 and 7ii7 pursuant to ,state law1 was able1 as of ,january #a1 #bjba1 to receive contributions that are eligible for a ,state tax credit if such contributions are used by the organization to provide scholarships to individual elementary and secondary students1 including scholarships for attending private schools2 or 7,c7 an organization identified by a ,governor of a ,state to receive a subgrant from the ,state under subsection 7d74 7#b7 ,emergency education freedom grant funds ,the term emergency education freedom grant funds means the amount of funds available under subsection 7b77#a7 for this section that are not reserved under subsection 7c77#a74 7#c7 ,qualified contribution ,the term qualified contribution means a contribution of cash to any eligible scholarship-granting organization4 7#d7 ,qualified expense ,the term qualified expense means any educational expense that is-- 7,a7 for an individual student's elementary or secondary education1 as recognized by the ,state2 or 7,b7 for the secondary education component of an individual elementary or secondary student's career and technical education1 as defined by section #c7e7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb7e774 7#e7 ,qualifying scholarship ,the term qualifying scholarship means a scholarship granted by an eligible scholarship-granting organization to an individual elementary or secondary student for a qualified expense4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#g7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 7b7 ,grants 7#a7 ,program authorized ,from the funds appropriated to carry out this section1 the ,secretary shall carry out subsection 7c7 and award emergency education freedom grants to ,states with approved applications1 in order to enable the ,states to award subgrants to eligible scholarship-granting organizations under subsection 7d74 7#b7 ,timing ,the ,secretary shall make the allotments required under this subsection by not later than #cj days after the date of enactment of this ,act4 7c7 ,reservation and allotments 7#a7 ,in general ,from the amounts made available under subsection 7b77#a71 the ,secretary shall-- 7,a7 reserve-- 7i7 one-half of #a percent for allotments for the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands1 to be distributed among those outlying areas on the basis of their relative need1 as determined by the ,secretary1 in accordance with the purpose of this section2 and 7ii7 one-half of #a percent of such amounts for the ,secretary of the ,interior1 acting through the ,bureau of ,indian ,education1 to be used to provide subgrants described in subsection 7d7 to eligible scholarship-granting organizations that serve students attending elementary schools or secondary schools operated or funded by the ,bureau of ,indian ,education2 and 7,b7 subject to paragraph 7#b71 allot each ,state that submits an approved application under this section the sum of-- 7i7 the amount that bears the same relation to #bj percent of the emergency education freedom grant funds as the number of individuals aged #e through #ag in the ,state1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of those individuals1 as so determined1 in all such ,states that submitted approved applications2 and 7ii7 an amount that bears the same relationship to #hj percent of the emergency education freedom grant funds as the number of individuals aged #e through #ag from families with incomes below the poverty line in the ,state1 as determined by the ,secretary on the basis of the most recent satisfactory data1 bears to the number of those individuals1 as so determined1 in all such ,states that submitted approved applications4 7#b7 ,minimum allotment ,no ,state shall receive an allotment under this subsection for a fiscal year that is less than one-half of #a percent of the amount of emergency education freedom grant funds available for such fiscal year4 7d7 ,subgrants to eligible scholarship-,granting organizations 7#a7 ,in general ,a ,state that receives an allotment under this section shall use the allotment to award subgrants1 on a basis determined appropriate by the ,state1 to eligible scholarship-granting organizations in the ,state4 7#b7 ,initial timing 7,a7 ,states with existing tax credit scholarship program ,by not later than #cj days after receiving an allotment under subsection 7c77#a77;,b71 a ,state with an existing1 as of the date of application for an allotment under this section1 tax credit scholarship program shall use not less than #ej percent of the allotment to award subgrants to eligible scholarship-granting organizations under subsection 7a77#a77;,b7 in the ,state in proportion to the contributions received in calendar year #bjai that were eligible for a ,state tax credit if such contributions are used by the organization to provide scholarships to individual elementary and secondary students1 including scholarships for attending private schools4 7,b7 ,states without tax credit scholarship programs ,by not later than #fj days after receiving an allotment under subsection 7c77#a77;,b71 a ,state without a tax credit scholarship program shall use not less than #ej percent of the allotment to award subgrants to eligible scholarship-granting organizations in the ,state4 7#c7 ,uses of funds ,an eligible scholarship-granting organization that receives a subgrant under this subsection-- 7,a7 may reserve not more than #e percent of the subgrant funds for public outreach1 student and family support activities1 and administrative expenses related to the subgrant2 and 7,b7 shall use not less than #ie percent of the subgrant funds to provide qualifying scholarships for qualified expenses only to individual elementary school and secondary school students who reside in the ,state in which the eligible scholarship-granting organization is recognized4 7e7 ,reallocation ,a ,state shall return to the ,secretary any amounts of the allotment received under this section that the ,state does not award as subgrants under subsection 7d7 by ,march #cj1 #bjba1 and the ,secretary shall reallocate such funds to the remaining eligible ,states in accordance with subsection 7c77#a77;,b74 7f7 ,rules of construction 7#a7 ,in general ,a qualifying scholarship awarded to a student from funds provided under this section shall not be considered assistance to the school or other educational provider that enrolls1 or provides educational services to1 the student or the student's parents4 7#b7 ,exclusion from income 7,a7 ,income taxes ,for purposes of the ,internal ,revenue ,code of #aihf1 gross income shall not include any amount received by an individual as a qualifying scholarship4 7,b7 ,federally funded programs ,any amount received by an individual as a qualifying scholarship shall not be taken into account as income or resources for purposes of determining the eligibility of such individual or any other individual for benefits or assistance1 or the amount or extent of such benefits or assistance1 under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds4 7#c7 ,prohibition of control over nonpublic education providers 7,a7 7i7 ,nothing in this section shall be construed to permit1 allow1 encourage1 or authorize any ,federal control over any aspect of any private1 religious1 or home education provider1 whether or not a home education provider is treated as a private school or home school under ,state law4 7ii7 ,this section shall not be construed to exclude private1 religious1 or home education providers from participation in programs or services under this section4 7,b7 ,nothing in this section shall be construed to permit1 allow1 encourage1 or authorize a ,state to mandate1 direct1 or control any aspect of a private or home education provider1 regardless of whether or not a home education provider is treated as a private school under ,state law4 7,c7 ,no participating ,state shall exclude1 discriminate against1 or otherwise disadvantage any education provider with respect to programs or services under this section based in whole or in part on the provider's religious character or affiliation1 including religiously based or mission-based policies or practices4 7#d7 ,parental rights to use scholarships ,no participating ,state shall disfavor or discourage the use of qualifying scholarships for the purchase of elementary and secondary education services1 including those services provided by private or nonprofit entities1 such as faith-based providers4 7#e7 ,state and local authority ,nothing in this section shall be construed to modify a ,state or local government's authority and responsibility to fund education4 7g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary4 #fjjb4 ,tax credits for contributions to eligible scholarship-granting organizations 7a7 ,credit for individuals ,subpart ,a of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding after section #be;,d the following new section3 #be;,e4 ,contributions to eligible scholarship-granting organizations 7a7 ,allowance of credit ,subject to section #fjjc7;c7 of the ,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act1 in the case of an individual1 there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions made by the taxpayer during the taxable year4 7b7 ,amount of credit ,the credit allowed under subsection 7a7 for any taxable year shall not exceed #aj percent of the taxpayer's adjusted gross income for the taxable year4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,eligible scholarship-granting organization ,the term eligible scholarship-granting organization means-- 7,a7 an organization that-- 7i7 is described in section #eja7;c77#c7 and exempt from taxation under section #eja7;a71 7ii7 provides qualifying scholarships to individual elementary and secondary students who-- 7,i7 reside in the ,state in which the eligible scholarship-granting organization is recognized1 or 7,,ii7 in the case of the ,bureau of ,indian ,education1 are members of a federally recognized tribe1 7iii7 a ,state identifies to the ,secretary as an eligible scholarship-granting organization under section #fjjc7;c77#e77;,b7 of the ,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act1 7iv7 allocates at least #ij percent of qualified contributions to qualifying scholarships on an annual basis1 and 7v7 provides qualifying scholarships to-- 7,i7 more than #a eligible student1 7,,ii7 more than #a eligible family1 and 7,,iii7 different eligible students attending more than #a education provider1 or 7,b7 an organization that-- 7i7 is described in section #eja7;c77#c7 and exempt from taxation under section #eja7;a71 and 7ii7 pursuant to ,state law1 was able1 as of ,january #a1 #bjba1 to receive contributions that are eligible for a ,state tax credit if such contributions are used by the organization to provide scholarships to individual elementary and secondary students1 including scholarships for attending private schools4 7#b7 ,qualified contribution ,the term qualified contribution means a contribution of cash to any eligible scholarship-granting organization4 7#c7 ,qualified expense ,the term qualified expense means any educational expense that is-- 7,a7 for an individual student's elementary or secondary education1 as recognized by the ,state1 or 7,b7 for the secondary education component of an individual elementary or secondary student's career and technical education1 as defined by section #c7e7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb7e774 7#d7 ,qualifying scholarship ,the term qualifying scholarship means a scholarship granted by an eligible scholarship-granting organization to an individual elementary or secondary student for a qualified expense4 7#e7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the outlying areas 7as defined in section #aaba7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcca7;c771 and the ,department of the ,interior 7acting through the ,bureau of ,indian ,education74 7d7 ,rules of construction 7#a7 ,in general ,a qualifying scholarship awarded to a student from the proceeds of a qualified contribution under this section shall not be considered assistance to the school or other educational provider that enrolls1 or provides educational services to1 the student or the student's parents4 7#b7 ,exclusion from income ,gross income shall not include any amount received by an individual as a qualifying scholarship and such amount shall not be taken into account as income or resources for purposes of determining the eligibility of such individual or any other individual for benefits or assistance1 or the amount or extent of such benefits or assistance1 under any ,federal program or under any ,state or local program financed in whole or in part with ,federal funds4 7#c7 ,prohibition of control over nonpublic education providers 7,a7 7i7 ,nothing in this section shall be construed to permit1 allow1 encourage1 or authorize any ,federal control over any aspect of any private1 religious1 or home education provider1 whether or not a home education provider is treated as a private school or home school under ,state law4 7ii7 ,this section shall not be construed to exclude private1 religious1 or home education providers from participation in programs or services under this section4 7,b7 ,nothing in this section shall be construed to permit1 allow1 encourage1 or authorize an entity submitting a list of eligible scholarship-granting organizations on behalf of a ,state pursuant to section #fjjc7;c77#e7 of the ,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act to mandate1 direct1 or control any aspect of a private or home education provider1 regardless of whether or not a home education provider is treated as a private school under ,state law4 7,c7 ,no participating ,state or entity acting on behalf of a ,state pursuant to section #fjjc7;c77#e7 of the ,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act shall exclude1 discriminate against1 or otherwise disadvantage any education provider with respect to programs or services under this section based in whole or in part on the provider's religious character or affiliation1 including religiously-based or mission-based policies or practices4 7#d7 ,parental rights to use scholarships ,no participating ,state or entity acting on behalf of a ,state pursuant to section #fjjc7;c77#e7 of the ,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act shall disfavor or discourage the use of qualifying scholarships for the purchase of elementary and secondary education services1 including those services provided by private or nonprofit entities1 such as faith-based providers4 7#e7 ,state and local authority ,nothing in this section shall be construed to modify a ,state or local government's authority and responsibility to fund education4 7e7 ,denial of double benefit ,the ,secretary shall prescribe such regulations or other guidance to ensure that the sum of the tax benefits provided by ,federal1 ,state1 or local law for a qualified contribution receiving a ,federal tax credit in any taxable year does not exceed the sum of the qualified contributions made by the taxpayer for the taxable year4 7f7 ,carryforward of credit ,if a tax credit allowed under this section is not fully used within the applicable taxable year because of insufficient tax liability on the part of the taxpayer1 the unused amount may be carried forward for a period not to exceed #e years4 7g7 ,election ,this section shall apply to a taxpayer for a taxable year only if the taxpayer elects to have this section apply for such taxable year4 7h7 ,alternative minimum tax ,for purposes of calculating the alternative minimum tax under section #ee1 a taxpayer may use any credit received for a qualified contribution under this section4 7i7 ,termination ,this section shall not apply to any contributions made in taxable years beginning after ,december #ca1 #bjbb4 4 7b7 ,clerical amendment ,the table of sections for subpart ,a of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after the item relating to section #be;,d the following new item3 ,sec4 #be;,e4 ,contributions to eligible scholarship-granting organizations4 4 7c7 ,credit for corporations ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,u4 ,contributions to eligible scholarship-granting organizations 7a7 ,allowance of credit ,subject to section #fjjc7;c7 of the ,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act1 for purposes of section #ch1 in the case of a domestic corporation1 there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of any qualified contributions 7as defined in section #be;,e7c77#b77 made by such corporation during the taxable year4 7b7 ,amount of credit ,the credit allowed under subsection 7a7 for any taxable year shall not exceed #e percent of the taxable income 7as defined in section #agj7;b77#b77;,d77 of the domestic corporation for such taxable year4 7c7 ,additional provisions ,for purposes of this section1 any qualified contributions made by a domestic corporation shall be subject to the provisions of section #be;,e 7including subsection 7d7 of such section71 to the extent applicable4 7d7 ,election ,this section shall apply to a taxpayer for a taxable year only if the taxpayer elects to have this section apply for such taxable year4 7e7 ,termination ,this section shall not apply to any contributions made in taxable years beginning after ,december #ca1 #bjbb4 4 7d7 ,credit part of general business credit ,section #ch7;b7 is amended-- 7#a7 by striking plus at the end of paragraph 7#cb72 7#b7 by striking the period at the end of paragraph 7#cc7 and inserting 1 plus2 and 7#c7 by adding at the end the following new paragraph3 7#cd7 the credit for qualified contributions determined under section #de,u7a74 4 7e7 ,clerical amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a is amended by adding at the end the following new item3 ,sec4 #de,u4 ,contributions to eligible scholarship-granting organizations4 4 7f7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbj4 #fjjc4 ,education ,freedom ,scholarships web portal and administration 7a7 ,in general ,the ,secretary of the ,treasury shall1 in coordination with the ,secretary of ,education1 establish1 host1 and maintain a web portal that-- 7#a7 lists all eligible scholarship-granting organizations2 7#b7 enables a taxpayer to make a qualifying contribution to one or more eligible scholarship-granting organizations and to immediately obtain both a pre-approval of a tax credit for that contribution and a receipt for tax filings2 7#c7 provides information about the tax benefits under sections #be;,e and #de,u of the ,internal ,revenue ,code of #aihf2 and 7#d7 enables a ,state to submit and update information about its programs and its eligible scholarship-granting organizations for informational purposes only1 including information on-- 7,a7 student eligibility2 7,b7 allowable educational expenses2 7,c7 the types of allowable education providers2 7,d7 the percentage of funds an organization may use for program administration2 and 7,e7 the percentage of total contributions the organization awards in a calendar year4 7b7 ,nonportal contributions ,a taxpayer may opt to make a contribution directly to an eligible scholarship-granting organization1 instead of through the web portal described in subsection 7a71 provided that the taxpayer1 or the eligible scholarship-granting organization on behalf of the taxpayer1 applies for1 and receives pre-approval for a tax credit from the ,secretary of the ,treasury in coordination with the ,secretary of ,education4 7c7 ,national and ,state limitations on credits 7#a7 ,national limitation ,for each fiscal year1 the total amount of qualifying contributions for which a credit is allowed under sections #be;,e and #de,u of the ,internal ,revenue ,code of #aihf shall not exceed #e1jjj1jjj1jjj4 7#b7 ,allocation of limitation 7,a7 ,initial allocations ,for each calendar year1 with respect to the limitation under paragraph 7#a71 the ,secretary of the ,treasury1 in consultation with the ,secretary of ,education1 shall-- 7i7 allocate to each ,state an amount equal to the sum of the qualifying contributions made in the ,state in the previous year2 and 7ii7 from any amounts remaining following allocations made under clause 7i71 allocate to each participating ,state an amount equal to the sum of-- 7,i7 an amount that bears the same relationship to #bj percent of such remaining amount as the number of individuals aged #e through #ag in the ,state1 as determined by the ,secretary of ,education on the basis of the most recent satisfactory data1 bears to the number of those individuals in all such ,states1 as so determined2 and 7,,ii7 an amount that bears the same relationship to #hj percent of such remaining amount as the number of individuals aged #e through #ag from families with incomes below the poverty line in the ,state1 as determined by the ,secretary of ,education1 on the basis of the most recent satisfactory data1 bears to the number of those individuals in all such ,states1 as so determined4 7,b7 ,minimum allocation ,notwithstanding subparagraph 7,a71 no ,state receiving an allocation under this section may receive less than #a_/b of #a percent of the amount allocated for a fiscal year4 7#c7 ,allowable partnerships ,a ,state may choose to administer the allocation it receives under paragraph 7#b7 in partnership with one or more ,states1 provided that the eligible scholarship-granting organizations in each partner ,state serve students who reside in all ,states in the partnership4 7#d7 ,total allocation ,a ,state's allocation1 for any fiscal year1 is the sum of the amount determined for such ,state under subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7#e7 ,allocation and adjustments 7,a7 ,initial allocation to ,states ,not later than ,november #a of the year preceding a year for which there is a national limitation on credits under paragraph 7#a7 7referred to in this section as the applicable year71 or as early as practicable with respect to the first year1 the ,secretary of the ,treasury shall announce the ,state allocations under paragraph 7#b7 for the applicable year4 7,b7 ,list of eligible scholarship-granting organizations 7i7 ,in general ,not later than ,january #a of each applicable year1 or as early as practicable with respect to the first year1 each ,state shall provide the ,secretary of the ,treasury a list of eligible scholarship-granting organizations1 including a certification that the entity submitting the list on behalf of the ,state has the authority to perform this function4 7ii7 ,rule of construction ,neither this section nor any other ,federal law shall be construed as limiting the entities that may submit the list on behalf of a ,state4 7,c7 ,reallocation of unclaimed credits ,the ,secretary of the ,treasury shall reallocate a ,state's allocation to other ,states1 in accordance with paragraph 7#b71 if the ,state-- 7i7 chooses not to identify scholarship-granting organizations under subparagraph 7,b7 in any applicable year2 or 7ii7 does not have an existing eligible scholarship-granting organization4 7,d7 ,reallocation ,on or after ,april #a of any applicable year1 the ,secretary of the ,treasury may reallocate1 to one or more other ,states that have eligible scholarship-granting organizations in the ,states1 without regard to paragraph 7#b71 the allocation of a ,state for which the ,state's allocation has not been claimed4 7d7 ,definitions ,any term used in this section which is also used in section #be;,e of the ,internal ,revenue ,code of #aihf shall have the same meaning as when used in such section4 #fjjd4 #ebi account funding for homeschool and additional elementary and secondary expenses 7a7 ,in general ,section #ebi7;c77#g7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,any reference and inserting 7,a7 ,in general ,any reference 1 and 7#b7 by adding at the end the following new subparagraphs3 7,b7 ,additional expenses ,in the case of any distribution made after the date of the enactment of the ,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act and before ,january #a1 #bjbc1 any reference in this section to the term qualified higher education expense shall include a reference to the following expenses in connection with enrollment or attendance at1 or for students enrolled at or attending1 an elementary or secondary public1 private1 or religious school3 7i7 ,curriculum and curricular materials4 7ii7 ,books or other instructional materials4 7iii7 ,online educational materials4 7iv7 ,tuition for tutoring or educational classes outside of the home1 including at a tutoring facility1 but only if the tutor or instructor is not related to the student and-- 7,i7 is licensed as a teacher in any ,state1 7,,ii7 has taught at an eligible educational institution1 or 7,,iii7 is a subject matter expert in the relevant subject4 7v7 ,fees for a nationally standardized norm-referenced achievement test1 an advanced placement examination1 or any examinations related to college or university admission4 7vi7 ,fees for dual enrollment in an institution of higher education4 7vii7 ,educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider1 including occupational1 behavioral1 physical1 and speech-language therapies4 7,c7 ,treatment of homeschool expenses ,in the case of any distribution made after the date of the enactment of the ,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act and before ,january #a1 #bjbc1 the term qualified higher education expense shall include expenses for the purposes described in subparagraphs 7,a7 and 7,b7 in connection with a homeschool 7whether treated as a homeschool or a private school for purposes of applicable ,state law74 4 7b7 ,effective date ,the amendment made by this section shall apply to distributions made after the date of the enactment of this ,act4 ,b ,back to ,work ,child ,care grants #faja4 ,back to ,work ,child ,care grants 7a7 ,purpose ,the purpose of this section is to support the recovery of the ,united ,states economy by providing assistance to aid in reopening child care programs1 and maintaining the availability of child care in the ,united ,states1 so that parents can access safe care and return to work4 7b7 ,definitions ,in this section3 7#a7 ,covid-#ai public health emergency ,the term ,,covid-#ai public health emergency means the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai1 including any renewal of such declaration4 7#b7 ,eligible child care provider ,the term eligible child care provider means-- 7,a7 an eligible child care provider as defined in section #feh,p7#f77;,a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn7#f77;,a772 and 7,b7 a child care provider that-- 7i7 is license-exempt and operating legally in the ,state2 7ii7 is not providing child care services to relatives2 and 7iii7 satisfies ,state and local requirements1 including those referenced in section #feh;,e7c77#b77;,i7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 77#db ,u4,s4,c4 #iheh;c77c77#b77;,i774 7#c7 ,indian tribe2 tribal organization ,the terms ,indian tribe and tribal organization have the meanings given the terms in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7#d7 ,lead agency ,the term lead agency has the meaning given the term in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7#e7 ,qualified child care provider ,the term qualified child care provider means an eligible child care provider with an application approved under subsection 7g7 for the program involved4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#g7 ,state ,the term ,state has the meaning given the term in section #feh,p of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehn74 7c7 ,grants for child care programs ,from the funds appropriated to carry out this section1 the ,secretary shall make ,back to ,work ,child ,care grants to ,states1 ,indian tribes1 and tribal organizations1 that submit notices of intent to provide assurances under subsection 7d77#b74 ,the grants shall provide for subgrants to qualified child care providers1 for a transition period of not more than #i months to assist in paying for fixed costs and increased operating expenses due to ,,covid-#ai1 and to reenroll children in an environment that supports the health and safety of children and staff4 7d7 ,process for allocation of funds 7#a7 ,allocation ,any funds that are appropriated to carry out this section shall be distributed by the ,secretary to the ,administration for ,children and ,families for distribution under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 in accordance with subsection 7e77#b7 of this section4 7#b7 ,notice ,not later than #g days after funds are appropriated to carry out this section1 the ,secretary shall provide to ,states1 ,indian tribes1 and tribal organizations a notice of funding availability1 for ,back to ,work ,child ,care grants under subsection 7c7 from allotments and payments under subsection 7e77#b74 ,the ,secretary shall issue a notice of the funding allocations for each ,state1 ,indian tribe1 and tribal organization not later than #ad days after funds are appropriated to carry out this section4 7#c7 ,notice of intent ,not later than #ad days after issuance of a notice of funding allocations under paragraph 7#a71 a ,state1 ,indian tribe1 or tribal organization that seeks such a grant shall submit to the ,secretary a notice of intent to provide assurances for such grant4 ,the notice of intent shall include a certification that the ,state1 ,indian tribe1 or tribal organization will repay the grant funds if such ,state1 ,indian tribe1 or tribal organization fails to provide assurances that meet the requirements of subsection 7f7 or to comply with such an assurance4 7#d7 ,grants to lead agencies ,the ,secretary may make grants under subsection 7c7 to the lead agency of each ,state1 ,indian tribe1 or tribal organization1 upon receipt of the notice of intent to provide assurances for such grant4 7#e7 ,provision of assurances ,not later than #ae days after receiving the grant1 the ,state1 ,indian tribe1 or tribal organization shall provide assurances that meet the requirements of subsection 7f74 7e7 ,federal reservation2 allotments and payments 7#a7 ,reservation ,the ,secretary shall reserve not more than #a percent of the amount appropriated to carry out this section to pay for the costs of the ,federal administration of this section4 ,the amount appropriated to carry out this section and reserved under this paragraph shall remain available through fiscal year #bjba4 7#b7 ,allotments and payments ,the ,secretary shall use the remaining portion of such amount to make allotments and payments1 to ,states1 ,indian tribes1 and tribal organizations that submit such a notice of intent to provide assurances1 in accordance with paragraphs 7#a7 and 7#b7 of subsection 7a71 and subsection 7b71 of section #feh,o of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #ihehm71 for the grants described in subsection 7c74 7f7 ,assurances ,a ,state1 ,indian tribe1 or tribal organization that receives a grant under subsection 7c7 shall provide to the ,secretary assurances that the lead agency will-- 7#a7 require as a condition of subgrant funding under subsection 7g7 that each eligible child care provider applying for a subgrant from the lead agency-- 7,a7 has been an eligible child care provider in continuous operation and serving children through a child care program immediately prior to ,march #a1 #bjbj2 7,b7 agree to follow all applicable ,state1 local1 and tribal health and safety requirements and1 if applicable1 enhanced protocols for child care services and related to ,,covid-#ai or another health or safety condition2 7,c7 agree to comply with the documentation and reporting requirements under subsection 7h72 and 7,d7 certify in good faith that the child care program of the provider will remain open for not less than #a year after receiving such a subgrant1 unless such program is closed due to extraordinary circumstances1 including a state of emergency declared by the ,governor or a major disaster or emergency declared by the ,president under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia72 7#b7 ensure eligible child care providers in urban1 suburban1 and rural areas can readily apply for and access funding under this section1 which shall include the provision of technical assistance either directly or through resource and referral agencies or staffed family child care provider networks2 7#c7 ensure that subgrant funds are made available to eligible child care providers regardless of whether the eligible child care provider is providing services for which assistance is made available under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 at the time of application for a subgrant2 7#d7 through at least ,december #ca1 #bjbj1 continue to expend funds provided under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 for the purpose of continuing payments and assistance to qualified child care providers on the basis of applicable reimbursements prior to ,march #bjbj2 7#e7 undertake a review of burdensome ,state1 local1 and tribal regulations and requirements that hinder the opening of new licensed child care programs to meet the needs of the working families in the ,state or tribal community1 as applicable2 7#f7 make available to the public1 which shall include1 at a minimum1 posting to an internet website of the lead agency-- 7,a7 notice of funding availability through subgrants for qualified child care providers under this section2 and 7,b7 the criteria for awarding subgrants for qualified child care providers1 including the methodology the lead agency used to determine and disburse funds in accordance with subparagraphs 7,d7 and 7,e7 of subsection 7g77#d72 and 7#g7 ensure the maintenance of a delivery system of child care services throughout the ,state that provides for child care in a variety of settings1 including the settings of family child care providers4 7g7 ,lead agency use of funds 7#a7 ,in general ,a lead agency that receives a ,back to ,work ,child ,care grant under this section-- 7,a7 shall use a portion that is not less than #id percent of the grant funds to award subgrants to qualified child care providers as described in the lead agency's assurances pursuant to subsection 7f72 7,b7 shall reserve not more than #f percent of the funds to-- 7i7 use not less than #a percent of the funds to provide technical assistance and support in applying for and accessing funding through such subgrants to eligible child care providers1 including to rural providers1 family child care providers1 and providers with limited administrative capacity2 and 7ii7 use the remainder of the reserved funds to-- 7,i7 administer subgrants to qualified child care providers under paragraph 7#d71 which shall include monitoring the compliance of qualified child care providers with applicable ,state1 local1 and tribal health and safety requirements2 and 7,,ii7 comply with the reporting and documentation requirements described in subsection 7h72 and 7,c7 7i7 shall not make more than #a subgrant under paragraph 7#d7 to a child care provider1 except as described in clause 7ii72 and 7ii7 may make multiple subgrants to a qualified child care provider1 if the lead agency makes each subgrant individually for #a child care program operated by the provider and the funds from the multiple subgrants are not pooled for use for more than #a of the programs4 7#b7 ,role of third party ,the lead agency may designate a third party1 such as a child care resource and referral agency1 to carry out the responsibilities of the lead agency1 and oversee the activities conducted by qualified child care providers under this subsection4 7#c7 ,obligation and return of funds 7,a7 ,obligation 7i7 ,in general ,the lead agency shall obligate at least #ej percent of the grant funds in the portion described in paragraph 7#a77;,a7 for subgrants to qualified child care providers by the day that is #f months after the date of enactment of this ,act4 7ii7 ,waivers ,at the request of a ,state1 ,indian tribe1 or tribal organization1 and for good cause shown1 the ,secretary may waive the requirement under clause 7i7 for the ,state1 ,indian tribe1 or tribal organization4 7,b7 ,return of funds ,not later than the date that is #ab months after a grant is awarded to a lead agency in accordance with this section1 the lead agency shall return to the ,secretary any of the grant funds that are not obligated by the lead agency by such date4 ,the ,secretary shall return any funds received under this subparagraph to the ,treasury of the ,united ,states4 7#d7 ,subgrants 7,a7 ,in general ,a lead agency that receives a grant under subsection 7c7 shall make subgrants to qualified child care providers to assist in paying for fixed costs and increased operating expenses1 for a transition period of not more than #i months1 so that parents have a safe place for their children to receive child care as the parents return to the workplace4 7,b7 ,use of funds ,a qualified child care provider may use subgrant funds for-- 7i7 sanitation and other costs associated with cleaning the facility1 including deep cleaning in the case of an outbreak of ,,covid-#ai1 of a child care program used to provide child care services2 7ii7 recruiting1 retaining1 and compensating child care staff1 including providing professional development to the staff related to child care services and applicable ,state1 local1 and tribal health and safety requirements and1 if applicable1 enhanced protocols for child care services and related to ,,covid-#ai or another health or safety condition2 7iii7 paying for fixed operating costs associated with providing child care services1 including the costs of payroll1 the continuation of existing 7as of ,march #a1 #bjbj7 employee benefits1 mortgage or rent1 utilities1 and insurance2 7iv7 acquiring equipment and supplies 7including personal protective equipment7 necessary to provide child care services in a manner that is safe for children and staff in accordance with applicable ,state1 local1 and tribal health and safety requirements2 7v7 replacing materials that are no longer safe to use as a result of the ,,covid-#ai public health emergency2 7vi7 making facility changes and repairs to address enhanced protocols for child care services related to ,,covid-#ai or another health or safety condition1 to ensure children can safely occupy a child care facility2 7vii7 purchasing or updating equipment and supplies to serve children during nontraditional hours2 7viii7 adapting the child care program or curricula to accommodate children who have not had recent access to a child care setting2 7ix7 carrying out any other activity related to the child care program of a qualified child care provider2 and 7x7 reimbursement of expenses incurred before the provider received a subgrant under this paragraph1 if the use for which the expenses are incurred is described in any of clauses 7i7 though 7ix7 and is disclosed in the subgrant application for such subgrant4 7,c7 ,subgrant application ,to be qualified to receive a subgrant under this paragraph1 an eligible child care provider shall submit an application to the lead agency in such form and containing such information as the lead agency may reasonably require1 including-- 7i7 a budget plan that includes-- 7,i7 information describing how the eligible child care provider will use the subgrant funds to pay for fixed costs and increased operating expenses1 including1 as applicable1 payroll1 employee benefits1 mortgage or rent1 utilities1 and insurance1 described in subparagraph 7,b77iii72 7,,ii7 data on current operating capacity1 taking into account previous operating capacity for a period of time prior to the ,,covid-#ai public health emergency1 and updated group size limits and staff-to-child ratios2 7,,iii7 child care enrollment1 attendance1 and revenue projections based on current operating capacity and previous enrollment and revenue for the period described in subclause 7,,ii72 and 7,,iv7 a demonstration of how the subgrant funds will assist in promoting the long-term viability of the eligible child care provider and how the eligible child care provider will sustain its operations after the cessation of funding under this section2 7ii7 assurances that the eligible child care provider will-- 7,i7 report to the lead agency1 before every month for which the subgrant funds are to be received1 data on current financial characteristics1 including revenue1 and data on current average enrollment and attendance2 7,,ii7 not artificially suppress revenue1 enrollment1 or attendance for the purposes of receiving subgrant funding2 7,,iii7 provide the necessary documentation under subsection 7h7 to the lead agency1 including providing documentation of expenditures of subgrant funds2 and 7,,iv7 implement all applicable ,state1 local1 and tribal health and safety requirements and1 if applicable1 enhanced protocols for child care services and related to ,,covid-#ai or another health or safety condition2 and 7iii7 a certification in good faith that the child care program will remain open for not less than #a year after receiving a subgrant under this paragraph1 unless such program is closed due to extraordinary circumstances described in subsection 7f77#a77;,d74 7,d7 ,subgrant disbursement ,in providing funds through a subgrant under this paragraph-- 7i7 the lead agency shall-- 7,i7 disburse such subgrant funds to a qualified child care provider in installments made not less than once monthly2 7,,ii7 disburse a subgrant installment for a month after the qualified child care provider has provided1 before that month1 the enrollment1 attendance1 and revenue data required under subparagraph 7,c77ii77,i7 and1 if applicable1 current operating capacity data required under subparagraph 7,c77i77,,ii72 and 7,,iii7 make subgrant installments to any qualified child care provider for a period of not more than #i months2 and 7ii7 the lead agency may1 notwithstanding subparagraph 7,e77i71 disburse an initial subgrant installment to a provider in a greater amount than that subparagraph provides for1 and adjust the succeeding installments1 as applicable4 7,e7 ,subgrant installment amount ,the lead agency-- 7i7 shall determine the amount of a subgrant installment under this paragraph by basing the amount on-- 7,i7 7aa7 at a minimum1 the fixed costs associated with the provision of child care services by a qualified child care provider2 and 7bb7 at the election of the lead agency1 an additional amount determined by the ,state1 for the purposes of assisting qualified child care providers with1 as applicable1 increased operating costs and lost revenue1 associated with the ,,covid-#ai public health emergency2 and 7,,ii7 any other methodology that the lead agency determines to be appropriate1 and which is disclosed in reporting submitted by the lead agency under subsection 7f77#f77;,b72 7ii7 shall ensure that1 for any period for which subgrant funds are disbursed under this paragraph1 no qualified child care provider receives a subgrant installment that when added to current revenue for that period exceeds the revenue for the corresponding period #a year prior2 and 7iii7 may factor in decreased operating capacity due to updated group size limits and staff-to-child ratios1 in determining subgrant installment amounts4 7,f7 ,repayment of subgrant funds ,a qualified child care provider that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the provider fails to provide the assurances described in subparagraph 7,c77ii77,,ii71 or to comply with such an assurance4 7#e7 ,supplement not supplant ,amounts made available to carry out this section shall be used to supplement and not supplant other ,federal1 ,state1 tribal1 and local public funds expended to provide child care services1 including funds provided under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheg et seq47 and ,state and tribal child care programs4 7h7 ,documentation and reporting requirements 7#a7 ,documentation ,a ,state1 ,indian tribe1 or tribal organization receiving a grant under subsection 7c7 shall provide documentation of any ,state or tribal expenditures from grant funds received under subsection 7c7 in accordance with section #feh,k7b7 of the ,child ,care ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;i7b771 and to the independent entity described in that section4 7#b7 ,reports 7,a7 ,lead agency report ,a lead agency receiving a grant under subsection 7c7 shall1 not later than #ab months after receiving such grant1 submit a report to the ,secretary that includes for the ,state or tribal community involved a description of the program of subgrants carried out to meet the objectives of this section1 including-- 7i7 a description of how the lead agency determined-- 7,i7 the criteria for awarding subgrants for qualified child care providers1 including the methodology the lead agency used to determine and disburse funds in accordance with subparagraphs 7,d7 and 7,e7 of subsection 7g77#d72 and 7,,ii7 the types of providers that received priority for the subgrants1 including considerations related to-- 7aa7 setting2 7bb7 average monthly revenues1 enrollment1 and attendance1 before and during the ,,covid-#ai public health emergency and after the expiration of ,state1 local1 and tribal stay-at-home orders2 and 7cc7 geographically based child care service needs across the ,state or tribal community2 and 7ii7 the number of eligible child care providers in operation and serving children on ,march #a1 #bjbj1 and the average number of such providers for ,march #bjbj and each of the #aa months following1 disaggregated by age of children served1 geography1 region1 center-based child care setting1 and family child care setting2 7iii7 the number of child care slots1 in the capacity of a qualified child care provider given applicable group size limits and staff-to-child ratios1 that were open for attendance of children on ,march #a1 #bjbj1 the average number of such slots for ,march #bjbj and each of #aa months following1 disaggregated by age of children served1 geography1 region1 center-based child care setting1 and family child care setting2 7iv7 7,i7 the number of qualified child care providers that received a subgrant under subsection 7g77#d71 disaggregated by age of children served1 geography1 region1 center-based child care setting1 and family child care setting1 and the average and range of the amounts of the subgrants awarded2 and 7,,ii7 the percentage of all eligible child care providers that are qualified child care providers that received such a subgrant1 disaggregated as described in subclause 7,i72 and 7v7 information concerning how qualified child care providers receiving subgrants under subsection 7g77#d7 used the subgrant funding received1 disaggregated by the allowable uses of funds described in subsection 7g77#d77;,b74 7,b7 ,report to ,congress ,not later than #ij days after receiving the lead agency reports required under subparagraph 7,a71 the ,secretary shall make publicly available and provide to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a report summarizing the findings of the lead agency reports4 7i7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the activities under this section4 7j7 ,exclusion from income ,for purposes of the ,internal ,revenue ,code of #aihf1 gross income shall not include any amount received by a qualified child care provider under this section4 ,,vii ,pandemic preparation and strategic stockpile #gjja4 ,sustained on-shore manufacturing capacity for public health emergencies 7a7 ,in general ,section #cai,l of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#g;e7 is amended-- 7#a7 in subsection 7a77#f77;,b7-- 7,a7 by redesignating clauses 7iv7 and 7v7 as clauses 7v7 and 7vi71 respectively2 7,b7 by inserting after clause 7iii71 the following3 7iv7 activities to support domestic manufacturing surge capacity of products or platform technologies1 including manufacturing capacity and capabilities to utilize platform technologies to provide for flexible manufacturing initiatives2 2 and 7,c7 in clause 7vi7 7as so redesginated71 by inserting manufacture1 after improvement12 7#b7 in subsection 7b7-- 7,a7 in the first sentence of paragraph 7#a71 by inserting support for domestic manufacturing surge capacity1 after initiatives for innovation12 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7iii7 by inserting after subparagraph 7,b71 the following3 7,c7 activities to support manufacturing surge capacities and capabilities to increase the availability of existing medical countermeasures and utilize existing novel platforms to manufacture new medical countermeasures to meet manufacturing demands to address threats that pose a significant level of risk to national security2 and 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 in subparagraph 7,d71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7,e7 promoting domestic manufacturing surge capacity and capabilities for countermeasure advanced research and development1 including facilitating contracts to support flexible or surge manufacturing4 2 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,b7-- 7,i7 in clause 7iii71 by striking and at the end2 7,,ii7 in clause 7iv71 by striking the period and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7v7 support and maintain domestic manufacturing surge capacity and capabilities1 including through contracts to support flexible or surge manufacturing1 to ensure that additional production of countermeasures is available in the event that the ,secretary determines there is such a need for additional production4 2 7ii7 in subparagraph 7,d7-- 7,i7 in clause 7ii71 by striking and at the end2 7,,ii7 by redesignating clause 7iii7 as clause 7iv72 and 7,,iii7 by inserting after clause 7ii7 the following3 7iii7 research to advance manufacturing capacities and capabilities for medical countermeasures and platform technologies that may be utilized for medical countermeasures2 and 2 and 7iii7 in subparagraph 7,e71 by striking clause 7ix72 and 7,c7 in paragraph 7#g77;,c77i71 by striking up to #ajj highly qualified individuals1 or up to #ej percent of the total number of employees1 whichever is less1 and inserting #ge percent of the total number of employees2 7#d7 in subsection 7e77#a7-- 7,a7 by redesignating subparagraphs 7,b7 through 7,d7 as subparagraphs 7,c7 through 7,e71 respectively2 and 7,b7 by inserting after subparagraph 7,a71 the following3 7,b7 ,temporary flexibility ,during a public health emergency under section #cai1 the ,secretary shall be provided with an additional #fj business days to comply with information requests for the disclosure of information under section #eeb of title #e1 ,united ,states ,code1 related to the activities under this section 7unless such activities are otherwise exempt under subparagraph 7,a774 2 and 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by striking ,not later than #ahj days after the date of enactment of this subsection and inserting ,not later than #ahj days after the date of enactment of the ,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act2 and 7,b7 in paragraph 7#b71 by striking ,not later than #a year after the date of enactment of this subsection and inserting ,not later than #a year after the date of enactment of the,delivering ,immediate ,relief to ,america's ,families1 ,schools and ,small ,businesses ,act4 7b7 ,medical ,countermeasure ,innovation ,partner ,the restrictions under section #bjb of division ,a of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id71 or any other provision of law imposing a restriction on salaries of individuals related to a previous appropriation to the ,department of ,health and ,human ,services1 shall not apply with respect to salaries paid pursuant to an agreement under the medical countermeasure innovation partner program under section #cai,l7c77#d77;,e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#g;e7c77#d77;,e774 #gjjb4 ,improving and sustaining ,state medical stockpiles ,section #cai;,f-#b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7 is amended by adding at the end the following3 7i7 ,improving and maintaining ,state medical stockpiles 7#a7 ,in general ,the ,secretary1 acting through the ,assistant ,secretary for ,preparedness and ,response1 shall award grants1 contracts1 or cooperative agreements to eligible entities to maintain a stockpile of appropriate drugs1 vaccines and other biological products1 medical devices1 and other medical supplies 7including personal protective equipment1 ancillary medical supplies1 and other applicable supplies required for the administration of drugs1 vaccines and other biological products1 medical devices1 and diagnostic tests7 to be used during a public health emergency declared by the ,governor of a ,state or by the ,secretary under section #cai1 or a major disaster or emergency declared by the ,president under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act1 in order to support the preparedness goals described in paragraphs 7#b71 7#c71 and 7#h7 of section #bhjb7;b74 7#b7 ,eligible entities 7,a7 ,in general ,to be eligible to receive an award under paragraph 7#a71 an entity shall-- 7i7 be a ,state or consortium of ,states that is a recipient of an award under section #cai;,c-#a7;b72 and 7ii7 prepare1 in consultation with appropriate health care providers and health officials within the ,state or consortium of ,states1 and submit to the ,secretary an application that contains such information as the ,secretary may require1 including a plan for the ,state stockpile and a description of the activities such entity will carry out under the agreement1 consistent with the requirements of paragraph 7#c74 7,b7 ,limitation ,the ,secretary may make an award under this subsection to not more than one eligible entity in each ,state4 7,c7 ,supplement not supplant ,awards1 contracts1 or grants awarded under this subsection shall supplement1 not supplant1 the reserve amounts of medical supplies procured by and for the ,strategic ,national ,stockpile under subsection 7a74 7,d7 ,administrative expenses ,not more than #e percent of amounts received by an entity pursuant to an award under this subsection may be used for administrative expenses4 7,e7 ,clarification ,an eligible entity receiving an award under this subsection may assign a lead entity to manage the ,state stockpile1 which may be a recipient of an award under section #cai;,c-#b7;b74 7,f7 ,requirement of matching funds 7i7 ,in general ,subject to clause 7ii71 the ,secretary may not make an award under this subsection unless the applicant agrees1 with respect to the costs to be incurred by the applicant in carrying out the purpose described in this subsection1 to make available non-,federal contributions toward such costs in an amount equal to-- 7,i7 for each of fiscal years #bjbc and #bjbd1 not less than #a for each #aj of ,federal funds provided in the award2 7,,ii7 for each of fiscal years #bjbe and #bjbf1 not less than #a for each #e of ,federal funds provided in the award2 and 7,,iii7 for fiscal year #bjbg and each fiscal year thereafter1 not less than #a for each #c of ,federal funds provided in the award4 7ii7 ,waiver 7,i7 ,in general ,the ,secretary may1 upon the request of a ,state1 waive the requirement under clause 7i7 in whole or in part if the ,secretary determines that extraordinary economic conditions in the ,state in the fiscal year involved or in the previous fiscal year justify the waiver4 7,,ii7 ,applicability of waiver ,a waiver provided by the ,secretary under this subparagraph shall apply only to the fiscal year involved4 7#c7 ,stockpiling activities and requirements ,a recipient of a grant1 contract1 or cooperative agreement under this subsection shall use such funds to carry out the following3 7,a7 ,maintaining a stockpile of appropriate drugs1 vaccines and other biological products1 medical devices1 and other supplies 7including personal protective equipment1 ancillary medical supplies1 and other applicable supplies required for the administration of drugs1 vaccines and other biological products1 medical devices1 and diagnostic tests7 to be used during a public health emergency in such numbers1 types1 and amounts as the ,state determines necessary1 consistent with such ,state's stockpile plan4 ,such a recipient may not use funds to support the stockpiling of countermeasures as defined under subsection 7c71 unless the eligible entity provides justification for maintaining such products and the ,secretary determines such appropriate and applicable4 7,b7 ,deploying the stockpile as required by the ,state to respond to an actual or potential public health emergency4 7,c7 ,replenishing and making necessary additions or modifications to the contents of such stockpile or stockpiles1 including to address potential depletion4 7,d7 ,in consultation with ,federal1 ,state1 and local officials1 take into consideration the availability1 deployment1 dispensing1 and administration requirements of medical products within the stockpile4 7,e7 ,ensuring that procedures are followed for inventory management and accounting1 and for the physical security of the stockpile1 as appropriate4 7,f7 ,reviewing and revising1 as appropriate1 the contents of the stockpile on a regular basis to ensure that to the extent practicable1 advanced technologies and medical products are considered4 7,g7 ,carrying out exercises1 drills1 and other training for purposes of stockpile deployment1 dispensing1 and administration of medical products1 and for purposes of assessing the capability of such stockpile to address the medical supply needs of public health emergencies of varying types and scales1 which may be conducted in accordance with requirements related to exercises1 drills1 and other training for recipients of awards under section #cai;,c-#a or #cai;,c-#b1 as applicable4 7,h7 ,carrying out other activities as the ,state determines appropriate1 to support ,state efforts to prepare for1 and respond to1 public health threats4 7#d7 ,state plan coordination ,the eligible entity under this subsection shall ensure appropriate coordination of the ,state stockpile plan developed pursuant to paragraph 7#b77;,a77ii7 and the plans required pursuant to section #cai;,c-#a4 7#e7 ,guidance for ,states ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary1 acting through the ,assistant ,secretary for ,preparedness and ,response1 shall issue guidance for ,states related to maintaining and replenishing a stockpile of medical products4 ,the ,secretary shall update such guidance as appropriate4 7#f7 ,assistance to ,states ,the ,secretary shall provide assistance to ,states1 including technical assistance1 as appropriate1 to maintain and improve ,state and local public health preparedness capabilities to distribute and dispense medical products from a ,state stockpile4 7#g7 ,coordination with the ,strategic ,national ,stockpile ,each recipient of an award under this subsection shall ensure that the ,state stockpile plan developed pursuant to paragraph 7#b77;,a77ii7 contains such information as the ,secretary may require related to current inventory of supplies maintained pursuant to paragraph 7#c71 and any plans to replenish such supplies1 or procure new or alternative supplies4 ,the ,secretary shall use information obtained from ,state stockpile plans to inform the maintenance and management of the ,strategic ,national ,stockpile pursuant to subsection 7a74 7#h7 ,performance and accountability 7,a7 ,in general ,the ,secretary1 acting through the ,assistant ,secretary for ,preparedness and ,response1 shall develop and implement a process to review and audit entities in receipt of an award under this subsection1 including by establishing metrics to ensure that each entity receiving such an award is carrying out activities in accordance with the applicable ,state stockpile plan4 ,the ,secretary may require entities to-- 7i7 measure progress toward achieving the outcome goals2 and 7ii7 at least annually1 test1 exercise1 and rigorously evaluate the stockpile capacity and response capabilities of the entity1 and report to the ,secretary on the results of such test1 exercise1 and evaluation1 and on progress toward achieving outcome goals1 based on criteria established by the ,secretary4 7,b7 ,notification of failure ,the ,secretary shall develop and implement a process to notify entities that are determined by the ,secretary to have failed to meet the requirements of the terms of an award under this subsection4 ,such process shall provide such entities with the opportunity to correct such noncompliance4 ,an entity that fails to correct such noncompliance shall be subject to subparagraph 7,c74 7,c7 ,withholding of certain amounts from entities that fail to achieve benchmarks or submit ,state stockpile plan ,beginning with fiscal year #bjbb1 and in each succeeding fiscal year1 the ,secretary shall withhold from each entity that has failed substantially to meet the terms of an award under this subsection for at least #a of the #b immediately preceding fiscal years 7beginning with fiscal year #bjbb71 the amount allowed for administrative expenses described in described in paragraph 7#b77;,d74 7#i7 ,authorization of appropriations ,for the purpose of carrying out this subsection1 there are authorized to be appropriated #a1jjj1jjj1jjj for each of fiscal years #bjba through #bjcj1 to remain available until expended4 4 #gjjc4 ,strengthening the ,strategic ,national ,stockpile ,section #cai;,f-#b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,a71 by adding and the contracts issued under paragraph 7#e7 after paragraph 7#a7 7,b7 in paragraph 7#c77;,f71 by striking ,secretary of ,homeland ,security and inserting ,secretary of ,health and ,human ,services1 in coordination with or at the request of1 the ,secretary of ,homeland ,security12 7,c7 by redesignating paragraph 7#e7 as paragraph 7#f72 7,d7 by inserting after paragraph 7#d7 the following3 7#e7 ,surge capacity ,the ,secretary1 in maintaining the stockpile under paragraph 7#a7 and carrying out procedures under paragraph 7#c71 may-- 7,a7 enter into contracts or cooperative agreements with vendors for procurement1 maintenance1 and storage of reserve amounts of drugs1 vaccines and other biological products1 medical devices1 and other medical supplies 7including personal protective equipment1 ancillary medical supplies1 and other applicable supplies required for the administration of drugs1 vaccines and other biological products1 medical devices1 and diagnostic tests in the stockpile71 under such terms and conditions 7including quantity1 production schedule1 maintenance costs1 and price of product7 as the ,secretary may specify1 including for purposes of-- 7i7 maintenance and storage of reserve amounts of products intended to be delivered to the ownership of the ,federal ,government under the contract1 which may consider costs of shipping1 or otherwise transporting1 handling1 storage1 and related costs for such product or products2 and 7ii7 maintaining domestic manufacturing capacity of such products to ensure additional reserved production capacity of such products is available1 and that such products are provided in a timely manner1 to be delivered to the ownership of the ,federal ,government under the contract and deployed in the event that the ,secretary determines that there is a need to quickly purchase additional quantities of such product2 and 7,b7 promulgate such regulations as the ,secretary determines necessary to implement this paragraph4 2 and 7,e7 in subparagraph 7,a7 of paragraph 7#f71 as so redesignated-- 7i7 in clause 7viii71 by striking 2 and and inserting a semicolon2 7ii7 in clause 7ix71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7x7 an assessment of the contracts or cooperative agreements entered into pursuant to paragraph 7#e74 2 and 7#b7 in subsection 7c77#b77;,c71 by striking on an annual basis and inserting not later than ,march #ae of each year4 ,,viii ,coronavirus ,relief ,fund extension #hjja4 ,extension of period to use ,coronavirus ,relief ,fund payments ,section #fja7;d77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #hja7;d77#c77 is amended by striking ,december #cj1 #bjbj and inserting ,september #cj1 #bjba4 ,,ix ,charitable giving #ijja4 ,increase in limitation on partial above the line deduction for charitable contributions 7a7 ,increase 7#a7 ,in general ,paragraph 7#bb7 of section #fb7;a7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#bb7 ,charitable contributions ,in the case of a taxable year beginning in #bjbj of an individual to whom section #fc7;b7 applies for such taxable year1 the deduction under section #agj7;a7 7determined without regard to section #agj7;b77 for qualified charitable contributions 7not in excess of the applicable amount74 4 7#b7 ,applicable amount ,paragraph 7#a7 of section #fb7;f7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#a7 ,applicable amount ,the term applicable amount means #fjj 7twice such amount in the case of a joint return74 4 7#c7 ,conforming amendment ,section #fb7;f77#b77;,b7 of such ,code is amended by striking 7determined without regard to subsection 7b7 thereof74 7b7 ,penalty for underpayments attributable to overstated deduction 7#a7 ,in general ,section #fffb7;b7 of the ,internal ,revenue ,code of #aihf is amended by inserting after paragraph 7#h7 the following3 7#i7 ,any overstatement of qualified charitable contributions 7as defined in section #fb7;f774 4 7#b7 ,increased penalty ,section #fffb of such ,code is amended by adding at the end the following new subsection3 7l7 ,increase in penalty in case of overstatement of qualified charitable contributions ,in the case of any portion of an underpayment which is attributable to one or more overstatements of a qualified charitable contribution 7as defined in section #fb7;f771 subsection 7a7 shall be applied with respect to such portion by substituting #ej percent for #bj percent4 4 7#c7 ,exception to approval of assessment ,section #fgea7;b77#b77;,a7 is amended by striking or #ffee and inserting #ffee1 or #fffb 7but only with respect to an addition to tax by reason of subsection 7b77#i7 thereof74 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjai4 ,x ,critical minerals #ajjja4 ,mineral security 7a7 ,definitions ,in this section3 7#a7 ,byproduct ,the term byproduct means a critical mineral-- 7,a7 the recovery of which depends on the production of a host mineral that is not designated as a critical mineral2 and 7,b7 that exists in sufficient quantities to be recovered during processing or refining4 7#b7 ,critical mineral 7,a7 ,in general ,the term critical mineral means any mineral1 element1 substance1 or material designated as critical by the ,secretary under subsection 7c74 7,b7 ,exclusions ,the term critical mineral does not include-- 7i7 fuel minerals1 including oil1 natural gas1 or any other fossil fuels2 or 7ii7 water1 ice1 or snow4 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,g7 the ,united ,states ,virgin ,islands4 7b7 ,policy 7#a7 ,in general ,section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb7 is amended in the second sentence-- 7,a7 by striking paragraph 7#c7 and inserting the following3 7#c7 establish an analytical and forecasting capability for identifying critical mineral demand1 supply1 and other factors to allow informed actions to be taken to avoid supply shortages1 mitigate price volatility1 and prepare for demand growth and other market shifts2 2 7,b7 in paragraph 7#f71 by striking and after the semicolon at the end2 and 7,c7 by striking paragraph 7#g7 and inserting the following3 7#g7 facilitate the availability1 development1 and environmentally responsible production of domestic resources to meet national material or critical mineral needs2 7#h7 avoid duplication of effort1 prevent unnecessary paperwork1 and minimize delays in the administration of applicable laws 7including regulations7 and the issuance of permits and authorizations necessary to explore for1 develop1 and produce critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental and land management laws2 7#i7 strengthen-- 7,a7 educational and research capabilities at not lower than the secondary school level2 and 7,b7 workforce training for exploration and development of critical minerals and critical mineral manufacturing2 7#aj7 bolster international cooperation through technology transfer1 information sharing1 and other means2 7#aa7 promote the efficient production1 use1 and recycling of critical minerals2 7#ab7 develop alternatives to critical minerals2 and 7#ac7 establish contingencies for the production of1 or access to1 critical minerals for which viable sources do not exist within the ,united ,states4 4 7#b7 ,conforming amendment ,section #b7;b7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afja7;b77 is amended by striking 7b7 ,as used in this ,act1 the term and inserting the following3 7b7 ,definitions ,in this ,act3 7#a7 ,critical mineral ,the term critical mineral means any mineral1 element1 substance1 or material designated as critical by the ,secretary under section #cafh7;c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjba4 7#b7 ,materials ,the term 4 7c7 ,critical mineral designations 7#a7 ,draft methodology and list ,the ,secretary1 acting through the ,director of the ,united ,states ,geological ,survey 7referred to in this subsection as the ,secretary71 shall publish in the ,federal ,register for public comment-- 7,a7 a description of the draft methodology used to identify a draft list of critical minerals2 7,b7 a draft list of minerals1 elements1 substances1 and materials that qualify as critical minerals2 and 7,c7 a draft list of critical minerals recovered as byproducts4 7#b7 ,availability of data ,if available data is insufficient to provide a quantitative basis for the methodology developed under this subsection1 qualitative evidence may be used to the extent necessary4 7#c7 ,final methodology and list ,after reviewing public comments on the draft methodology and the draft lists published under paragraph 7#a7 and updating the methodology and lists as appropriate1 not later than #de days after the date on which the public comment period with respect to the draft methodology and draft lists closes1 the ,secretary shall publish in the ,federal ,register-- 7,a7 a description of the final methodology for determining which minerals1 elements1 substances1 and materials qualify as critical minerals2 7,b7 the final list of critical minerals2 and 7,c7 the final list of critical minerals recovered as byproducts4 7#d7 ,designations 7,a7 ,in general ,for purposes of carrying out this subsection1 the ,secretary shall maintain a list of minerals1 elements1 substances1 and materials designated as critical1 pursuant to the final methodology published under paragraph 7#c71 that the ,secretary determines-- 7i7 are essential to the economic or national security of the ,united ,states2 7ii7 the supply chain of which is vulnerable to disruption 7including restrictions associated with foreign political risk1 abrupt demand growth1 military conflict1 violent unrest1 anti-competitive or protectionist behaviors1 and other risks throughout the supply chain72 and 7iii7 serve an essential function in the manufacturing of a product 7including energy technology-1 defense-1 currency-1 agriculture-1 consumer electronics-1 and health care-related applications71 the absence of which would have significant consequences for the economic or national security of the ,united ,states4 7,b7 ,inclusions ,notwithstanding the criteria under paragraph 7#c71 the ,secretary may designate and include on the list any mineral1 element1 substance1 or material determined by another ,federal agency to be strategic and critical to the defense or national security of the ,united ,states4 7,c7 ,required consultation ,the ,secretary shall consult with the ,secretaries of ,defense1 ,commerce1 ,agriculture1 and ,energy and the ,united ,states ,trade ,representative in designating minerals1 elements1 substances1 and materials as critical under this paragraph4 7#e7 ,subsequent review 7,a7 ,in general ,the ,secretary1 in consultation with the ,secretaries of ,defense1 ,commerce1 ,agriculture1 and ,energy and the ,united ,states ,trade ,representative1 shall review the methodology and list under paragraph 7#c7 and the designations under paragraph 7#d7 at least every #c years1 or more frequently as the ,secretary considers to be appropriate4 7,b7 ,revisions ,subject to paragraph 7#d77;,a71 the ,secretary may-- 7i7 revise the methodology described in this subsection2 7ii7 determine that minerals1 elements1 substances1 and materials previously determined to be critical minerals are no longer critical minerals2 and 7iii7 designate additional minerals1 elements1 substances1 or materials as critical minerals4 7#f7 ,notice ,on finalization of the methodology and the list under paragraph 7#c71 or any revision to the methodology or list under paragraph 7#e71 the ,secretary shall submit to ,congress written notice of the action4 7d7 ,resource assessment 7#a7 ,in general ,not later than #d years after the date of enactment of this ,act1 in consultation with applicable ,state 7including geological surveys71 local1 academic1 industry1 and other entities1 the ,secretary 7acting through the ,director of the ,united ,states ,geological ,survey7 or a designee of the ,secretary1 shall complete a comprehensive national assessment of each critical mineral that-- 7,a7 identifies and quantifies known critical mineral resources1 using all available public and private information and datasets1 including exploration histories2 and 7,b7 provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the ,united ,states1 including probability estimates of tonnage and grade1 using all available public and private information and datasets1 including exploration histories4 7#b7 ,supplementary information ,in carrying out this subsection1 the ,secretary may carry out surveys and field work 7including drilling1 remote sensing1 geophysical surveys1 topographical and geological mapping1 and geochemical sampling and analysis7 to supplement existing information and datasets available for determining the existence of critical minerals in the ,united ,states4 7#c7 ,public access ,subject to applicable law1 to the maximum extent practicable1 the ,secretary shall make all data and metadata collected from the comprehensive national assessment carried out under paragraph 7#a7 publically and electronically accessible4 7#d7 ,technical assistance ,at the request of the ,governor of a ,state or the head of an ,indian tribe1 the ,secretary may provide technical assistance to ,state governments and ,indian tribes conducting critical mineral resource assessments on non-,federal land4 7#e7 ,prioritization 7,a7 ,in general ,the ,secretary may sequence the completion of resource assessments for each critical mineral such that critical minerals considered to be most critical under the methodology established under subsection 7c7 are completed first4 7,b7 ,reporting ,during the period beginning not later than #a year after the date of enactment of this ,act and ending on the date of completion of all of the assessments required under this subsection1 the ,secretary shall submit to ,congress on an annual basis an interim report that-- 7i7 identifies the sequence and schedule for completion of the assessments if the ,secretary sequences the assessments2 or 7ii7 describes the progress of the assessments if the ,secretary does not sequence the assessments4 7#f7 ,updates ,the ,secretary may periodically update the assessments conducted under this subsection based on-- 7,a7 the generation of new information or datasets by the ,federal ,government2 or 7,b7 the receipt of new information or datasets from critical mineral producers1 ,state geological surveys1 academic institutions1 trade associations1 or other persons4 7#g7 ,additional surveys ,the ,secretary shall complete a resource assessment for each additional mineral or element subsequently designated as a critical mineral under subsection 7c77#e77;,b7 not later than #b years after the designation of the mineral or element4 7#h7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the status of geological surveying of ,federal land for any mineral commodity-- 7,a7 for which the ,united ,states was dependent on a foreign country for more than #be percent of the ,united ,states supply1 as depicted in the report issued by the ,united ,states ,geological ,survey entitled ,mineral ,commodity ,summaries #bjbj2 but 7,b7 that is not designated as a critical mineral under subsection 7c74 7e7 ,permitting 7#a7 ,sense of ,congress ,it is the sense of ,congress that-- 7,a7 critical minerals are fundamental to the economy1 competitiveness1 and security of the ,united ,states2 7,b7 to the maximum extent practicable1 the critical mineral needs of the ,united ,states should be satisfied by minerals responsibly produced and recycled in the ,united ,states2 and 7,c7 the ,federal permitting process has been identified as an impediment to mineral production and the mineral security of the ,united ,states4 7#b7 ,performance improvements ,to improve the quality and timeliness of decisions1 the ,secretary 7acting through the ,director of the ,bureau of ,land ,management7 and the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service7 7referred to in this subsection as the ,secretaries7 shall1 to the maximum extent practicable1 with respect to critical mineral production on ,federal land1 complete ,federal permitting and review processes with maximum efficiency and effectiveness1 while supporting vital economic growth1 by-- 7,a7 establishing and adhering to timelines and schedules for the consideration of1 and final decisions regarding1 applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for mineral-related activities on ,federal land2 7,b7 establishing clear1 quantifiable1 and temporal permitting performance goals and tracking progress against those goals2 7,c7 engaging in early collaboration among agencies1 project sponsors1 and affected stakeholders-- 7i7 to incorporate and address the interests of those parties2 and 7ii7 to minimize delays2 7,d7 ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance2 7,e7 engaging in early and active consultation with ,state1 local1 and ,indian tribal governments to avoid conflicts or duplication of effort1 resolve concerns1 and allow for concurrent1 rather than sequential1 reviews2 7,f7 providing demonstrable improvements in the performance of ,federal permitting and review processes1 including lower costs and more timely decisions2 7,g7 expanding and institutionalizing permitting and review process improvements that have proven effective2 7,h7 developing mechanisms to better communicate priorities and resolve disputes among agencies at the national1 regional1 ,state1 and local levels2 and 7,i7 developing other practices1 such as preapplication procedures4 7#c7 ,review and report ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall submit to ,congress a report that-- 7,a7 identifies additional measures 7including regulatory and legislative proposals1 as appropriate7 that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals2 7,b7 identifies options 7including cost recovery paid by permit applicants7 for ensuring adequate staffing and training of ,federal entities and personnel responsible for the consideration of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land2 7,c7 quantifies the amount of time typically required 7including range derived from minimum and maximum durations1 mean1 median1 variance1 and other statistical measures or representations7 to complete each step 7including those aspects outside the control of the executive branch1 such as judicial review1 applicant decisions1 or ,state and local government involvement7 associated with the development and processing of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land1 which shall serve as a baseline for the performance metric under paragraph 7#d72 and 7,d7 describes actions carried out pursuant to paragraph 7#b74 7#d7 ,performance metric ,not later than #ij days after the date of submission of the report under paragraph 7#c71 the ,secretaries1 after providing public notice and an opportunity to comment1 shall develop and publish a performance metric for evaluating the progress made by the executive branch to expedite the permitting of activities that will increase exploration for1 and development of1 domestic critical minerals1 while maintaining environmental standards4 7#e7 ,annual reports ,beginning with the first budget submission by the ,president under section #aaje of title #ca1 ,united ,states ,code1 after publication of the performance metric required under paragraph 7#d71 and annually thereafter1 the ,secretaries shall submit to ,congress a report that-- 7,a7 summarizes the implementation of recommendations1 measures1 and options identified in subparagraphs 7,a7 and 7,b7 of paragraph 7#c72 7,b7 using the performance metric under paragraph 7#d71 describes progress made by the executive branch1 as compared to the baseline established pursuant to paragraph 7#c77;,c71 on expediting the permitting of activities that will increase exploration for1 and development of1 domestic critical minerals2 and 7,c7 compares the ,united ,states to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry4 7#f7 ,individual projects ,using data from the ,secretaries generated under paragraph 7#e71 the ,director of the ,office of ,management and ,budget shall prioritize inclusion of individual critical mineral projects on the website operated by the ,office of ,management and ,budget in accordance with section #aabb of title #ca1 ,united ,states ,code4 7#g7 ,report of ,small ,business ,administration ,not later than #a year and #cjj days after the date of enactment of this ,act1 the ,administrator of the ,small ,business ,administration shall submit to the applicable committees of ,congress a report that assesses the performance of ,federal agencies with respect to-- 7,a7 complying with chapter #f of title #e1 ,united ,states ,code 7commonly known as the ,regulatory ,flexibility ,act71 in promulgating regulations applicable to the critical minerals industry2 and 7,b7 performing an analysis of regulations applicable to the critical minerals industry that may be outmoded1 inefficient1 duplicative1 or excessively burdensome4 7f7 ,federal ,register process 7#a7 ,departmental review ,absent any extraordinary circumstance1 and except as otherwise required by law1 the ,secretary and the ,secretary of ,agriculture shall ensure that each ,federal ,register notice described in paragraph 7#b7 shall be-- 7,a7 subject to any required reviews within the ,department of the ,interior or the ,department of ,agriculture2 and 7,b7 published in final form in the ,federal ,register not later than #de days after the date of initial preparation of the notice4 7#b7 ,preparation ,the preparation of ,federal ,register notices required by law associated with the issuance of a critical mineral exploration or mine permit shall be delegated to the organizational level within the agency responsible for issuing the critical mineral exploration or mine permit4 7#c7 ,transmission ,all ,federal ,register notices regarding official document availability1 announcements of meetings1 or notices of intent to undertake an action shall be originated in1 and transmitted to the ,federal ,register from1 the office in which1 as applicable-- 7,a7 the documents or meetings are held2 or 7,b7 the activity is initiated4 7g7 ,recycling1 efficiency1 and alternatives 7#a7 ,establishment ,the ,secretary of ,energy 7referred to in this subsection as the ,secretary7 shall conduct a program of research and development-- 7,a7 to promote the efficient production1 use1 and recycling of critical minerals throughout the supply chain2 and 7,b7 to develop alternatives to critical minerals that do not occur in significant abundance in the ,united ,states4 7#b7 ,cooperation ,in carrying out the program1 the ,secretary shall cooperate with appropriate-- 7,a7 ,federal agencies and ,national ,laboratories2 7,b7 critical mineral producers2 7,c7 critical mineral processors2 7,d7 critical mineral manufacturers2 7,e7 trade associations2 7,f7 academic institutions2 7,g7 small businesses2 and 7,h7 other relevant entities or individuals4 7#c7 ,activities ,under the program1 the ,secretary shall carry out activities that include the identification and development of-- 7,a7 advanced critical mineral extraction1 production1 separation1 alloying1 or processing technologies that decrease the energy consumption1 environmental impact1 and costs of those activities1 including-- 7i7 efficient water and wastewater management strategies2 7ii7 technologies and management strategies to control the environmental impacts of radionuclides in ore tailings2 7iii7 technologies for separation and processing2 and 7iv7 technologies for increasing the recovery rates of byproducts from host metal ores2 7,b7 technologies or process improvements that minimize the use1 or lead to more efficient use1 of critical minerals across the full supply chain2 7,c7 technologies1 process improvements1 or design optimizations that facilitate the recycling of critical minerals1 and options for improving the rates of collection of products and scrap containing critical minerals from post-consumer1 industrial1 or other waste streams2 7,d7 commercial markets1 advanced storage methods1 energy applications1 and other beneficial uses of critical minerals processing byproducts2 7,e7 alternative minerals1 metals1 and materials1 particularly those available in abundance within the ,united ,states and not subject to potential supply restrictions1 that lessen the need for critical minerals2 and 7,f7 alternative energy technologies or alternative designs of existing energy technologies1 particularly those that use minerals that-- 7i7 occur in abundance in the ,united ,states2 and 7ii7 are not subject to potential supply restrictions4 7#d7 ,reports ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report summarizing the activities1 findings1 and progress of the program4 7h7 ,analysis and forecasting 7#a7 ,capabilities ,in order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages1 mitigate price volatility1 and prepare for demand growth and other market shifts1 the ,secretary 7acting through the ,director of the ,united ,states ,geological ,survey7 or a designee of the ,secretary1 in consultation with the ,energy ,information ,administration1 academic institutions1 and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools1 shall conduct and publish the results of an annual report that includes-- 7,a7 as part of the annually published ,mineral ,commodity ,summaries from the ,united ,states ,geological ,survey1 a comprehensive review of critical mineral production1 consumption1 and recycling patterns1 including-- 7i7 the quantity of each critical mineral domestically produced during the preceding year2 7ii7 the quantity of each critical mineral domestically consumed during the preceding year2 7iii7 market price data or other price data for each critical mineral2 7iv7 an assessment of-- 7,i7 critical mineral requirements to meet the national security1 energy1 economic1 industrial1 technological1 and other needs of the ,united ,states during the preceding year2 7,,ii7 the reliance of the ,united ,states on foreign sources to meet those needs during the preceding year2 and 7,,iii7 the implications of any supply shortages1 restrictions1 or disruptions during the preceding year2 7v7 the quantity of each critical mineral domestically recycled during the preceding year2 7vi7 the market penetration during the preceding year of alternatives to each critical mineral2 7vii7 a discussion of international trends associated with the discovery1 production1 consumption1 use1 costs of production1 prices1 and recycling of each critical mineral as well as the development of alternatives to critical minerals2 and 7viii7 such other data1 analyses1 and evaluations as the ,secretary finds are necessary to achieve the purposes of this subsection2 and 7,b7 a comprehensive forecast1 entitled the ,annual ,critical ,minerals ,outlook1 of projected critical mineral production1 consumption1 and recycling patterns1 including-- 7i7 the quantity of each critical mineral projected to be domestically produced over the subsequent #a-year1 #e-year1 and #aj-year periods2 7ii7 the quantity of each critical mineral projected to be domestically consumed over the subsequent #a-year1 #e-year1 and #aj-year periods2 7iii7 an assessment of-- 7,i7 critical mineral requirements to meet projected national security1 energy1 economic1 industrial1 technological1 and other needs of the ,united ,states2 7,,ii7 the projected reliance of the ,united ,states on foreign sources to meet those needs2 and 7,,iii7 the projected implications of potential supply shortages1 restrictions1 or disruptions2 7iv7 the quantity of each critical mineral projected to be domestically recycled over the subsequent #a-year1 #e-year1 and #aj-year periods2 7v7 the market penetration of alternatives to each critical mineral projected to take place over the subsequent #a-year1 #e-year1 and #aj-year periods2 7vi7 a discussion of reasonably foreseeable international trends associated with the discovery1 production1 consumption1 use1 costs of production1 and recycling of each critical mineral as well as the development of alternatives to critical minerals2 and 7vii7 such other projections relating to each critical mineral as the ,secretary determines to be necessary to achieve the purposes of this subsection4 7#b7 ,proprietary information ,in preparing a report described in paragraph 7#a71 the ,secretary shall ensure1 consistent with section #e7;f7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7;f771 that-- 7,a7 no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person or firm who supplied the information is not discernible and is not material to the intended uses of the information2 7,b7 no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person or firm who supplied particular information2 and 7,c7 procedures are established to require the withholding of any information or data collected for the report if the ,secretary determines that withholding is necessary to protect proprietary information1 including any trade secrets or other confidential information4 7i7 ,education and workforce 7#a7 ,workforce assessment ,not later than #a year and #cjj days after the date of enactment of this ,act1 the ,secretary of ,labor 7in consultation with the ,secretary1 the ,director of the ,national ,science ,foundation1 institutions of higher education with substantial expertise in mining1 institutions of higher education with significant expertise in minerals research1 including fundamental research into alternatives1 and employers in the critical minerals sector7 shall submit to ,congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral exploration1 development1 assessment1 production1 manufacturing1 recycling1 analysis1 forecasting1 education1 and research1 including an analysis of-- 7,a7 skills that are in the shortest supply as of the date of the assessment2 7,b7 skills that are projected to be in short supply in the future2 7,c7 the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce2 7,d7 the effectiveness of training and education programs in addressing skills shortages2 7,e7 opportunities to hire locally for new and existing critical mineral activities2 7,f7 the sufficiency of personnel within relevant areas of the ,federal ,government for achieving the policies described in section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb72 and 7,g7 the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry4 7#b7 ,curriculum study 7,a7 ,in general ,the ,secretary and the ,secretary of ,labor shall jointly enter into an arrangement with the ,national ,academy of ,sciences and the ,national ,academy of ,engineering under which the ,academies shall coordinate with the ,national ,science ,foundation on conducting a study-- 7i7 to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the ,united ,states to increase domestic1 critical mineral exploration1 development1 production1 manufacturing1 research1 including fundamental research into alternatives1 and recycling2 7ii7 to address undergraduate and graduate education1 especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic1 critical mineral exploration1 development1 production1 manufacturing1 research1 including fundamental research into alternatives1 and recycling2 7iii7 to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines for activities to improve the critical mineral supply chain and advance the capacity of the ,united ,states to increase domestic1 critical mineral exploration1 research1 development1 production1 manufacturing1 and recycling2 and 7iv7 to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the program described in paragraph 7#c74 7,b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a description of the results of the study required under subparagraph 7,a74 7#c7 ,program 7,a7 ,establishment ,the ,secretary and the ,secretary of ,labor shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive #d-year grants for-- 7i7 startup costs for newly designated faculty positions in integrated critical mineral education1 research1 innovation1 training1 and workforce development programs consistent with paragraph 7#b72 7ii7 internships1 scholarships1 and fellowships for students enrolled in programs related to critical minerals2 7iii7 equipment necessary for integrated critical mineral innovation1 training1 and workforce development programs2 and 7iv7 research of critical minerals and their applications1 particularly concerning the manufacture of critical components vital to national security4 7,b7 ,renewal ,a grant under this paragraph shall be renewable for up to #b additional #c-year terms based on performance criteria outlined under paragraph 7#b77;,a77iv74 7j7 ,national geological and geophysical data preservation program ,section #cea7k7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7k77 is amended by striking #cj1jjj1jjj for each of fiscal years #bjjf through #bjaj and inserting #e1jjj1jjj for each of fiscal years #bjba through #bjcj1 to remain available until expended4 7k7 ,administration 7#a7 ,in general ,the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq47 is repealed4 7#b7 ,conforming amendment ,section #c7;d7 of the ,national ,superconductivity and ,competitiveness ,act of #aihh 7#ae ,u4,s4,c4 #ebjb7;d77 is amended in the first sentence by striking 1 with the assistance of the ,national ,critical ,materials ,council as specified in the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq4714 7#c7 ,savings clauses 7,a7 ,in general ,nothing in this section or an amendment made by this section modifies any requirement or authority provided by-- 7i7 the matter under the heading ,,geological ,,survey of the first section of the ,act of ,march #c1 #ahgi 7#dc ,u4,s4,c4 #ca7;a772 or 7ii7 the first section of ,public ,law #hg-fbf 7#dc ,u4,s4,c4 #ca7;b774 7,b7 ,effect on ,department of ,defense ,nothing in this section or an amendment made by this section affects the authority of the ,secretary of ,defense with respect to the work of the ,department of ,defense on critical material supplies in furtherance of the national defense mission of the ,department of ,defense4 7,c7 ,secretarial order not affected ,this section shall not apply to any mineral described in ,secretarial ,order ,no4 #ccbd1 issued by the ,secretary on ,december #c1 #bjab1 in any area to which the order applies4 7#d7 ,application of certain provisions 7,a7 ,in general ,subsections 7e7 and 7f7 shall apply to-- 7i7 an exploration project in which the presence of a byproduct is reasonably expected1 based on known mineral companionality1 geologic formation1 mineralogy1 or other factors2 and 7ii7 a project that demonstrates that the byproduct is of sufficient grade that1 when combined with the production of a host mineral1 the byproduct is economic to recover1 as determined by the applicable ,secretary in accordance with subparagraph 7,b74 7,b7 ,requirement ,in making the determination under subparagraph 7,a77ii71 the applicable ,secretary shall consider the cost effectiveness of the byproducts recovery4 7l7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjcj4 #ajjjb4 ,rare earth element advanced coal technologies 7a7 ,program for extraction and recovery of rare earth elements and minerals from coal and coal byproducts 7#a7 ,in general ,the ,secretary of ,energy1 acting through the ,assistant ,secretary for ,fossil ,energy 7referred to in this section as the ,secretary71 shall carry out a program under which the ,secretary shall develop advanced separation technologies for the extraction and recovery of rare earth elements and minerals from coal and coal byproducts4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program described in paragraph 7#a7 #bc1jjj1jjj for each of fiscal years #bjba through #bjbh4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report evaluating the development of advanced separation technologies for the extraction and recovery of rare earth elements and minerals from coal and coal byproducts1 including acid mine drainage from coal mines4 ,,xi ,miscellaneous provisions #aajja4 ,emergency designation 7a7 ,in general ,the amounts provided by this division and the amendments made by this division are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7b7 ,designation in ,senate ,in the ,senate1 this division and the amendments made by this division are designated as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah4 ,b ,coronavirus ,response ,additional ,supplemental ,appropriations ,act1 #bjbj ,the following sums are hereby are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbj1 and for other purposes1 namely3 ,i ,,department ,,of ,,health ,,and ,,human ,,services ,,payments ,,to ,,states ,,for ,,the ,,child ,,care ,,and ,,development ,,block ,,grant ,for an additional amount for ,payments to ,states for the ,child ,care and ,development ,block ,grant1 #e1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjba1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 including for ,federal administrative expenses1 which shall be used to supplement1 not supplant ,state1 ,territory1 and ,tribal general revenue funds for child care assistance for low-income families within the ,united ,states 7including territories7 without regard to requirements in sections #feh;,e7c77#c77;,d7-7,e7 or #feh;,g of the ,child ,care and ,development ,block ,grant ,act3 ,provided1 ,that funds provided under this heading in this ,act may be used to provide continued payments and assistance to child care providers in the case of decreased enrollment or closures related to coronavirus1 and to assure they are able to remain open or reopen as appropriate and applicable3 ,provided further1 ,that ,states1 ,territories1 and ,tribes are encouraged to place conditions on payments to child care providers that ensure that child care providers use a portion of funds received to continue to pay the salaries and wages of staff3 ,provided further1 ,that the ,secretary shall remind ,states that ,,ccdbg ,state plans do not need to be amended prior to utilizing existing authorities in the ,,ccdbg ,act for the purposes provided herein3 ,provided further1 ,that ,states1 ,territories1 and ,tribes are authorized to use funds appropriated under this heading in this ,act to provide child care assistance to health care sector employees1 emergency responders1 sanitation workers1 and other workers deemed essential during the response to coronavirus by public officials1 without regard to the income eligibility requirements of section #feh,p7#d7 of such ,act3 ,provided further1 ,that funds appropriated under this heading in this ,act shall be available to eligible child care providers under section #feh,p7#f7 of the ,,ccdbg ,act1 even if such providers were not receiving ,,ccdbg assistance prior to the public health emergency as a result of the coronavirus and any renewal of such declaration pursuant to such section #cai1 for the purposes of cleaning and sanitation1 and other activities necessary to maintain or resume the operation of programs3 ,provided further1 ,that payments made under this heading in this ,act may be obligated in this fiscal year or the succeeding two fiscal years3 ,provided further1 ,that funds appropriated under this heading in this ,act may be made available to restore amounts1 either directly or through reimbursement1 for obligations incurred to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 prior to the date of enactment of this ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,back ,,to ,,work ,,child ,,care ,,grants ,for an additional amount for ,back to ,work ,child ,care ,grants1 #aj1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjba1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for activities to carry out ,back to ,work ,child ,care ,grants as authorized by section #faja of division ,a of this ,act3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,office of the ,secretary ,,public ,,health ,,and ,,social ,,services ,,emergency ,,fund 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #ca1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 including the development of necessary countermeasures and vaccines1 prioritizing platform-based technologies with ,u4,s4-based manufacturing capabilities1 the purchase of vaccines1 therapeutics1 diagnostics1 necessary medical supplies1 as well as medical surge capacity1 addressing blood supply chain1 workforce modernization1 telehealth access and infrastructure1 initial advanced manufacturing1 novel dispensing1 enhancements to the ,u4,s4 ,commissioned ,corps1 and other preparedness and response activities3 ,provided1 ,that funds appropriated under this paragraph in this ,act may be used to develop and demonstrate innovations and enhancements to manufacturing platforms to support such capabilities3 ,provided further1 ,that the ,secretary of ,health and ,human ,services shall purchase vaccines developed using funds made available under this paragraph in this ,act to respond to an outbreak or pandemic related to coronavirus in quantities determined by the ,secretary to be adequate to address the public health need3 ,provided further1 ,that products purchased by the ,federal government with funds made available under this paragraph in this ,act1 including vaccines1 therapeutics1 and diagnostics1 shall be purchased in accordance with ,federal ,acquisition ,regulation guidance on fair and reasonable pricing3 ,provided further1 ,that the ,secretary may take such measures authorized under current law to ensure that vaccines1 therapeutics1 and diagnostics developed from funds provided in this ,act will be affordable in the commercial market3 ,provided further1 ,that in carrying out the previous proviso1 the ,secretary shall not take actions that delay the development of such products3 ,provided further1 ,that the ,secretary shall ensure that protections remain for individuals enrolled in group or individual health care coverage with pre-existing conditions1 including those linked to coronavirus3 ,provided further1 ,that products purchased with funds appropriated under this paragraph in this ,act may1 at the discretion of the ,secretary of ,health and ,human ,services1 be deposited in the ,strategic ,national ,stockpile under section #cai;,f-#b of the ,public ,health ,service ,act3 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 not more than #b1jjj1jjj1jjj shall be for the ,strategic ,national ,stockpile under section #cai;,f-#b7;a7 of such ,act3 ,provided further1 ,that funds appropriated under this paragraph in this ,act may be transferred to1 and merged with1 the fund authorized by section #cai;,f-#d1 the ,covered ,counter measure ,process ,fund1 of the ,public ,health ,service ,act3 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 not more than #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 shall be for activities to improve and sustain ,state medical stockpiles1 as described in the amendments made by section #gjjb of division ,a of this ,act3 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 #bj1jjj1jjj1jjj shall be available to the ,biomedical ,advanced ,research and ,development ,authority for necessary expenses of manufacturing1 production1 and purchase1 at the discretion of the ,secretary1 of vaccines1 therapeutics1 diagnostics1 and small molecule active pharmaceutical ingredients1 including the development1 translation1 and demonstration at scale of innovations in manufacturing platforms3 ,provided further1 ,that funds in the previous proviso may be used for the construction or renovation of ,u4,s4-based next generation manufacturing facilities1 other than facilities owned by the ,united ,states ,government3 ,provided further1 ,that amounts provided in the eleventh proviso may be for necessary expenses related to the sustained on-shore manufacturing capacity for public health emergencies1 as described in the amendments made by section #gjja of division ,a of this ,act3 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 #f1jjj1jjj1jjj shall be for activities to plan1 prepare for1 promote1 distribute1 administer1 monitor1 and track coronavirus vaccines to ensure broad-based distribution1 access1 and vaccine coverage3 ,provided further1 ,that the ,secretary shall coordinate funding and activities outlined in the previous proviso through the ,director of ,,cdc3 ,provided further1 ,that the ,secretary1 through the ,director of ,,cdc1 shall report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate within #fj days of enactment of this ,act on a comprehensive coronavirus vaccine distribution strategy and spend plan that includes how existing infrastructure will be leveraged1 enhancements or new infrastructure that may be built1 considerations for moving and storing vaccines1 guidance for how ,states and health care providers should prepare for1 store1 and administer vaccines1 nationwide vaccination targets1 funding that will be distributed to ,states1 how an informational campaign to both the public and health care providers will be executed1 and how the vaccine distribution plan will focus efforts on high risk1 underserved1 and minority populations3 ,provided further1 ,that such plan shall be updated and provided to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate #ij days after submission of the first plan3 ,provided further1 ,that the ,secretary shall notify the ,committees on ,appropriations of the ,house of ,representatives and the ,senate #b days in advance of any obligation in excess of #ej1jjj1jjj1 including but not limited to contracts and interagency agreements1 from funds provided in this paragraph in this ,act3 ,provided further1 ,that funds appropriated under this paragraph in this ,act may be used for the construction1 alteration1 or renovation of non-federally owned facilities for the production of vaccines1 therapeutics1 diagnostics1 and medical supplies where the ,secretary determines that such a contract is necessary to secure sufficient amounts of such supplies3 ,provided further1 ,that the not later than #cj days after enactment of this ,act1 and every #cj days thereafter until funds are expended1 the ,secretary shall report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate on uses of funding for ,operation ,warp ,speed1 detailing current obligations by ,department or ,agency1 or component thereof broken out by the coronavirus supplemental appropriations ,act that provided the source of funds3 ,provided further1 ,that the plan outlined in the previous proviso shall include funding by contract1 grant1 or other transaction in excess of #bj1jjj1jjj with a notation of which ,department or ,agency1 and component thereof is managing the contract3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #af1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for necessary expenses for testing1 contact tracing1 surveillance1 containment1 and mitigation to monitor and suppress ,,covid-#ai1 including tests for both active infection and prior exposure1 including molecular1 antigen1 and serological tests1 the manufacturing1 procurement and distribution of tests1 testing equipment and testing supplies1 including personal protective equipment needed for administering tests1 the development and validation of rapid1 molecular point-of-care tests1 and other tests1 support for workforce1 epidemiology1 to scale up academic1 commercial1 public health1 and hospital laboratories1 to conduct surveillance and contact tracing1 support development of ,,covid-#ai testing plans1 and other related activities related to ,,covid-#ai testing3 ,provided1 ,that of the amount appropriated under this paragraph in this ,act1 not less than #ae1jjj1jjj1jjj shall be for ,states1 localities1 territories1 tribes1 tribal organizations1 urban ,indian health organizations1 or health service providers to tribes for necessary expenses for testing1 contact tracing1 surveillance1 containment1 and mitigation1 including support for workforce1 epidemiology1 use by employers1 elementary and secondary schools1 child care facilities1 institutions of higher education1 long-term care facilities1 or in other settings1 scale up of testing by public health1 academic1 commercial1 and hospital laboratories1 and community-based testing sites1 health care facilities1 and other entities engaged in ,,covid-#ai testing1 and other related activities related to ,,covid-#ai testing1 contact tracing1 surveillance1 containment1 and mitigation3 ,provided further1 ,that the amount provided in the preceding proviso under this paragraph in this ,act shall be made available within #cj days of the date of enactment of this ,act3 ,provided further1 ,that the amount identified in the first proviso under this paragraph in this ,act shall be allocated to ,states1 localities1 and territories according to the formula that applied to the ,public ,health ,emergency ,preparedness cooperative agreement in fiscal year #bjai3 ,provided further1 ,that not less than #ejj1jjj1jjj shall be allocated in coordination with the ,director of the ,indian ,health ,service1 to tribes1 tribal organizations1 urban ,indian health organizations1 or health service providers to tribes3 ,provided further1 ,that the ,secretary of ,health and ,human ,services 7referred to in this paragraph as the ,secretary7 may satisfy the funding thresholds outlined in the first and fourth provisos under this paragraph in this ,act by making awards through other grant or cooperative agreement mechanisms3 ,provided further1 ,that the ,governor or designee of each ,state1 locality1 territory1 tribe1 or tribal organization receiving funds pursuant to this ,act shall update their plans1 as applicable1 for ,,covid-#ai testing and contact tracing submitted to the ,secretary pursuant to the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci7 and submit such updates to the ,secretary not later than #fj days after funds appropriated in this paragraph in this ,act have been awarded to such recipient3 ,provided further1 ,that not later than #fj days after enactment1 and every quarter thereafter until funds are expended1 the ,governor or designee of each ,state1 locality1 territory1 tribe1 or tribal organization receiving funds shall report to the ,secretary on uses of funding1 detailing current commitments and obligations broken out by the coronavirus supplemental appropriations ,act that provided the source of funds3 ,provided further1 ,that not later than #ae days after receipt of such reports1 the ,secretary shall summarize and report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate on ,states' commitments and obligations of funding3 ,provided further1 ,that funds an entity receives from amounts described in the first proviso in this paragraph may also be used for the rent1 lease1 purchase1 acquisition1 construction1 alteration1 renovation1 or equipping of non-federally owned facilities to improve coronavirus preparedness and response capability at the ,state and local level3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,department ,,of ,,education ,education stabilization fund ,for an additional amount for ,education ,stabilization ,fund1 #aje1jjj1jjj1jjj1 to remain available through ,september #cj1 #bjba1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general ,provisions ,education stabilization fund #aja4 7a7 ,allocations ,from the amount made available under this heading in this ,act to carry out the ,education ,stabilization ,fund1 the ,secretary shall first allocate-- 7#a7 not more than one half of #a percent to the outlying areas on the basis of the terms and conditions for funding provided under this heading in the ,coronavirus ,aid1 ,relief1 and ,economic ,security 7,,cares7 ,act 7,public ,law #aaf-acf72 and 7#b7 one-half of #a percent for the ,secretary of the ,interior for programs operated or funded by the ,bureau of ,indian ,education1 under the terms and conditions established for funding provided under this heading in the ,,cares ,act 7,public ,law #aaf-acf74 7b7 ,reservations ,after carrying out subsection 7a71 the ,secretary shall reserve the remaining funds made available as follows3 7#a7 #e percent to carry out section #ajb of this title4 7#b7 #fg percent to carry out section #ajc of this title4 7#c7 #bh percent to carry out section #ajd of this title4 ,governor's emergency education relief fund #ajb4 7a7 ,grants ,from funds reserved under section #aja7;b77#a7 of this title1 the ,secretary shall make supplemental ,emergency ,education ,relief grants to the ,governor of each ,state with an approved application under section #ahjjb of division ,b of the ,,cares ,act 7,public ,law #aaf-acf74 ,the ,secretary shall award funds under this section to the ,governor of each ,state with an approved application within #cj calendar days of enactment of this ,act4 7b7 ,allocations ,the amount of each grant under subsection 7a7 shall be allocated by the ,secretary to each ,state as follows3 7#a7 #fj percent on the basis of their relative population of individuals aged #e through #bd4 7#b7 #dj percent on the basis of their relative number of children counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7referred to under this heading as ,,esea74 7c7 ,uses of funds ,grant funds awarded under subsection 7b7 may be used to-- 7#a7 provide emergency support through grants to local educational agencies that the ,state educational agency deems have been most significantly impacted by coronavirus to support the ability of such local educational agencies to continue to provide educational services to their students and to support the on-going functionality of the local educational agency2 7#b7 provide emergency support through grants to institutions of higher education serving students within the ,state that the ,governor determines have been most significantly impacted by coronavirus to support the ability of such institutions to continue to provide educational services and support the on-going functionality of the institution2 and 7#c7 provide support to any other institution of higher education1 local educational agency1 or education related entity within the ,state that the ,governor deems essential for carrying out emergency educational services to students for authorized activities described in section #ajc7;e7 of this title1 the ,,esea of #aife1 the ,higher ,education ,act of #aife1 the provision of child care and early childhood education1 social and emotional support1 career and technical education1 adult education1 and the protection of education-related jobs4 7d7 ,reallocation ,each ,governor shall return to the ,secretary any funds received under this section that the ,governor does not award within #f months of receiving such funds and the ,secretary shall reallocate such funds to the remaining ,states in accordance with subsection 7b74 7e7 ,report ,a ,governor receiving funds under this section shall submit a report to the ,secretary1 not later than #f months after receiving funding provided in this ,act1 in such manner and with such subsequent frequency as the ,secretary may require1 that provides a detailed accounting of the use of funds provided under this section4 ,elementary and secondary school emergency relief fund #ajc4 7a7 ,grants ,from funds reserved under section #aja7;b77#b7 of this title1 the ,secretary shall make supplemental elementary and secondary school emergency relief grants to each ,state educational agency with an approved application under section #ahjjc of division ,b of the ,,cares ,act 7,public ,law #aaf-acf74 ,the ,secretary shall award funds under this section to each ,state educational agency with an approved application within #ae calendar days of enactment of this ,act4 7b7 ,allocations to states ,the amount of each grant under subsection 7a7 shall be allocated by the ,secretary to each ,state in the same proportion as each ,state received under part ,a of title ,i of the ,,esea of #aife in the most recent fiscal year4 7c7 ,subgrants ,from the payment provided by the ,secretary under subsection 7b71 the ,state educational agency may provide services and assistance to local educational agencies and non-public schools1 consistent with the provisions of this title4 ,after carrying out the reservation of funds in section #aje of this title1 each ,state shall allocate not less than #ij percent of the remaining grant funds awarded to the ,state under this section as subgrants to local educational agencies 7including charter schools that are local educational agencies7 in the ,state in proportion to the amount of funds such local educational agencies and charter schools that are local educational agencies received under part ,a of title ,i of the ,,esea of #aife in the most recent fiscal year4 ,the ,state educational agency shall make such subgrants to local educational agencies as follows-- 7#a7 one-third of funds shall be awarded not less than #ae calendar days after receiving an award from the ,secretary under this section2 and 7#b7 the remaining two-thirds of funds shall be awarded only after the local educational agency submits to the ,governor and the ,governor approves a comprehensive school reopening plan for the #bjbj-bjba school-year1 based on criteria determined by the ,governor in consultation with the ,state educational agency 7including criteria for the ,governor to carry out subparagraph 7,a7 through 7,c771 that describes how the local educational agency will safely reopen schools with the physical presence of students1 consistent with maintaining safe and continuous operations aligned with challenging state academic standards4 ,the ,governor shall approve such plans within #cj days after the plan is submitted1 subject to the requirements in subparagraphs 7,a7 through 7,c74 7,a7 ,a local educational agency that provides in-person instruction for at least #ej percent of its students where the students physically attend school no less than #ej percent of each school-week1 as it was defined by the local educational agency prior to the coronavirus emergency1 shall have its plan automatically approved4 7,b7 ,a local educational agency that does not provide in-person instruction to any students where the students physically attend school in-person shall not be eligible to receive a subgrant under paragraph 7#b74 7,c7 ,a local educational agency that provides in-person instruction to at least some students where the students physically attend school in-person but does not satisfy the requirements in subparagraph 7,a7 shall have its allocation reduced on a pro rata basis as determined by the ,governor4 7d7 ,plan contents ,a school reopening plan submitted to a ,governor under subsection 7c77#b7 shall include1 in addition to any other information necessary to meet the criteria determined by the ,governor-- 7#a7 ,a detailed timeline for when the local educational agency will provide in-person instruction1 including the goals and criteria used for providing full-time in-person instruction to all students2 7#b7 ,a description of how many days of in-person instruction per calendar week the local educational agency plans to offer to students during the #bjbj-bjba school year2 and 7#c7 ,an assurance that the local educational agency will offer students as much in-person instruction as is safe and practicable1 consistent with maintaining safe and continuous operations aligned with challenging state academic standards4 7e7 ,uses of funds 7#a7 ,a local educational agency or non-public school that receives funds under subsection 7c77#a7 or section #aje may use funds for any of the following3 7,a7 ,activities to support returning to in-person instruction1 including purchasing personal protective equipment1 implementing flexible schedules to keep children in isolated groups1 purchasing box lunches so that children can eat in their classroom1 purchasing physical barriers1 providing additional transportation services1 repurposing existing school rooms and space1 and improving ventilation systems4 7,b7 ,developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies or non-public schools including coordination with ,state1 local1 ,tribal1 and territorial public health departments1 and other relevant agencies1 to improve coordinated responses among such entities to prevent1 prepare for1 and respond to coronavirus4 7,c7 ,providing principals and other school leaders with the resources necessary to address the needs of their individual schools directly related to coronavirus4 7,d7 ,providing additional services to address the unique needs of low-income children or students1 children with disabilities1 ,english learners1 racial and ethnic minorities1 students experiencing homelessness1 and foster care youth1 including how outreach and service delivery will meet the needs of each population4 7,e7 ,training and professional development for staff of the local educational agency or non-public school on sanitation and minimizing the spread of infectious diseases4 7,f7 ,purchasing supplies to sanitize1 clean1 and disinfect the facilities of a local educational agency or non-public school1 including buildings operated by such agency4 7,g7 ,planning for and coordinating during long-term closures1 including for how to provide meals to eligible students1 how to provide technology for online learning to all students1 how to provide guidance for carrying out requirements under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja et seq47 and how to ensure other educational services can continue to be provided consistent with all ,federal1 ,state1 and local requirements4 7,h7 ,purchasing educational technology 7including hardware1 software1 and connectivity7 for students who are served by the local educational agency or non-public school that aids in regular and substantive educational interaction between students and their classroom instructors1 including low-income students and students with disabilities1 which may include assistive technology or adaptive equipment4 7,i7 ,expanding healthcare and other health services 7including mental health services and supports71 including for children at risk of abuse or neglect4 7,j7 ,planning and implementing activities related to summer learning and supplemental afterschool programs1 including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students1 students with disabilities1 ,english learners1 migrant students1 students experiencing homelessness1 and children in foster care4 7#b7 ,a local educational agency that receives funds under subsection 7c77#b7 may use the funds for activities to carry out a comprehensive school reopening plan as described in this section1 including3 7,a7 ,purchasing personal protective equipment1 implementing flexible schedules to keep children in isolated groups1 purchasing box lunches so that children can eat in their classroom1 purchasing physical barriers1 providing additional transportation services1 repurposing existing school rooms and space1 and improving ventilation systems4 7,b7 ,developing and implementation of procedures and systems to improve the preparedness and response efforts of local educational agencies or non-public schools1 including coordination with ,state1 local1 ,tribal1 and territorial public health departments1 and other relevant agencies1 to improve coordinated responses among such entities to prevent1 prepare for1 and respond to coronavirus4 7,c7 ,providing principals and others school leaders with the resources necessary to address the needs of their individual schools4 7,d7 ,providing additional services to address the unique needs of low-income children or students1 children with disabilities1 ,english learners1 racial and ethnic minorities1 students experiencing homelessness1 and foster care youth1 including how outreach and service delivery will meet the needs of each population4 7,e7 ,training and professional development for staff of the local educational agency or non-public school on sanitation and minimizing the spread of infectious diseases4 7,f7 ,purchasing supplies to sanitize1 clean1 and disinfect the facilities of a local educational agency or non-public school1 including buildings operated by such agency4 7,g7 ,purchasing educational technology 7including hardware1 software1 and connectivity7 for students who are served by the local educational agency or non-public school that aids in regular and substantive educational interaction between students and their classroom instructors1 including low-income students and students with disabilities1 which may include assistive technology or adaptive equipment4 7,h7 ,expanding healthcare and other health services 7including mental health services and supports71 including for children at risk of abuse or neglect4 7,i7 ,planning and implementing activities related to summer learning and supplemental afterschool programs1 including providing classroom instruction during the summer months and addressing the needs of low-income students1 students with disabilities1 ,english learners1 migrant students1 students experiencing homelessness1 and children in foster care4 7f7 ,state funding ,with funds not otherwise allocated or reserved under this section1 a ,state may reserve not more than #a_/b of #a percent of its grant under this section for administrative costs and the remainder for emergency needs as determined by the ,state educational agency to address issues responding to coronavirus1 which may be addressed through the use of grants or contracts4 7g7 ,assurances ,a ,state1 ,state educational agency1 or local educational agency receiving funding under this section shall provide assurances1 as applicable1 that3 7#a7 ,a ,state1 ,state educational agency1 or local educational agency will maintain and expand access to high-quality schools1 including high-quality public charter schools1 and will not-- 7,a7 enact policies to close or prevent the expansion of such schools to address revenue shortfalls that result in the disproportionate closure or denial of expansion of public charter schools that are otherwise meeting the terms of their charter for academic achievement2 or 7,b7 disproportionally reduce funding to charter schools or otherwise increase funding gaps between charter schools and other public schools in the local educational agency4 7#b7 ,allocations of funding and services provided from funds provided in this section to public charter schools are made on the same basis as is used for all public schools1 consistent with state law and in consultation with charter school leaders4 7h7 ,report ,a ,state receiving funds under this section shall submit a report to the ,secretary1 not later than #f months after receiving funding provided in this ,act1 in such manner and with such subsequent frequency as the ,secretary may require1 that provides a detailed accounting of the use of funds provided under this section4 7i7 ,reallocation ,a ,state shall return to the ,secretary any funds received under this section that the ,state does not award within #d months of receiving such funds and the ,secretary shall deposit such funds into the general fund of the ,treasury4 7j7 ,rule of ,construction 7#a7 ,the receipt of any funds authorized or appropriated under this section1 including pursuant to section #aje of this ,act1 by a nonprofit entity1 or by any individual who has been admitted or applied for admission to such entity 7or any parent or guardian of such individual71 shall not be construed to render such entity or person a recipient of ,federal financial assistance for any purpose1 nor shall any such person or entity be required to make any alteration to its existing programs1 facilities1 or employment practices except as required under this section4 7#b7 ,no ,state participating in any program under this section1 including pursuant to section #aje of this ,act1 shall impose any penalty or additional requirement upon1 or otherwise disadvantage1 such entity or person as a consequence or condition of its receipt of such funds4 7#c7 ,no ,state participating in any program under this section shall authorize any person or entity to use any funds authorized or appropriated under this section1 including pursuant to section #aje of this ,act1 except as provided by subsection 7e71 nor shall any such ,state impose any limits upon the use of any such funds except as provided by subsection 7e74 ,higher education emergency relief fund #ajd4 7a7 ,in ,general ,from funds reserved under section #aja7;b77#c7 of this title the ,secretary shall allocate amounts as follows3 7#a7 #he percent to each institution of higher education described in section #aja or section #ajb7;c7 of the ,higher ,education ,act of #aife to prevent1 prepare for1 and respond to coronavirus1 by apportioning it-- 7,a7 #ij percent according to the relative share of full-time equivalent enrollment of ,federal ,pell ,grant recipients who were not exclusively enrolled in distance education courses prior to the coronavirus emergency2 and 7,b7 #aj percent according to the relative share of full-time equivalent enrollment of students who were not ,federal ,pell ,grant recipients who were not exclusively enrolled in distance education courses prior to the coronavirus emergency4 7#b7 #aj percent for additional awards under parts ,a and ,b of title ,,iii1 parts ,a and ,b of title ,v1 and subpart #d of part ,a of title ,,vii of the ,higher ,education ,act to address needs directly related to coronavirus1 that shall be in addition to awards made in section #ajd7;a77#a7 of this title1 and allocated by the ,secretary proportionally to such programs based on the relative share of funding appropriated to such programs in the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 and distributed to eligible institutions of higher education1 except as otherwise provided in subparagraphs 7,a7-7,d71 on the basis of the formula described in section #ajd7;a77#a7 of this title3 7,a7 ,except as otherwise provided in subparagraph 7,b71 for eligible institutions under part ,b of title ,,iii and subpart #d of part ,a of title ,,vii of the ,higher ,education ,act1 the ,secretary shall allot to each eligible institution an amount using the following formula3 7i7 #gj percent according to a ratio equivalent to the number of ,pell ,grant recipients in attendance at such institution at the end of the school year preceding the beginning of the most recent fiscal year and the total number of ,pell ,grant recipients at all such institutions2 7ii7 #bj percent according to a ratio equivalent to the total number of students enrolled at such institution at the end of the school year preceding the beginning of that fiscal year and the number of students enrolled at all such institutions2 and 7iii7 #aj percent according to a ratio equivalent to the total endowment size at all eligible institutions at the end of the school year preceding the beginning of that fiscal year and the total endowment size at such institutions2 7,b7 ,for eligible institutions under section #cbf of the ,higher ,education ,act1 the ,secretary shall allot to each eligible institution an amount in proportion to the award received from funding for such institutions in the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id72 7,c7 ,for eligible institutions under section #caf of the ,higher ,education ,act1 the ,secretary shall allot funding according to the formula in section #caf7;d77#c7 of the ,higher ,education ,act2 and 7,d7 ,notwithstanding section #cah7;f7 of the ,higher ,education ,act1 for eligible institutions under section #cah of the ,higher ,education ,act1 the ,secretary shall allot funding according to the formula in section #cah7;e7 of the ,higher ,education ,act4 7#c7 #e percent for grants to institutions of higher education that the ,secretary determines1 through an application process and after allocating funds under paragraphs #ajd7;a77#a7 and 7#b7 of this ,act1 have the greatest unmet needs related to coronavirus4 ,in awarding funds to institutions of higher education under this paragraph the ,secretary shall prioritize institutions of higher education-- 7,a7 described under title ,i of the ,higher ,education ,act of #aife that were not eligible to receive an award under section #ajd7;a77#a7 of this title1 including institutions described in section #ajb7;b7 of the ,higher ,education ,act of #aife2 and 7,b7 that otherwise demonstrate significant needs related to coronavirus that were not addressed by funding allocated under subsections 7a77#a7 or 7a77#b7 of this section4 7b7 ,distribution ,the funds made available to each institution under subsection 7a77#a7 shall be distributed by the ,secretary using the same systems as the ,secretary otherwise distributes funding to each institution under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 7c7 ,uses of funds ,an institution of higher education receiving funds under this section may use the funds received to3 7#a7 defray expenses associated with coronavirus 7including lost revenue1 reimbursement for expenses already incurred1 technology costs associated with a transition to distance education1 faculty and staff trainings1 and payroll72 and 7#b7 provide financial aid grants to students 7including students exclusively enrolled in distance education71 which may be used for any component of the student's cost of attendance or for emergency costs that arise due to coronavirus4 7d7 ,special provisions 7#a7 ,a ,historically ,black ,college and ,university or a ,minority ,serving ,institution may use prior awards provided under titles ,,iii1 ,v1 and ,,vii of the ,higher ,education ,act to prevent1 prepare for1 and respond to coronavirus4 7#b7 ,an institution of higher education receiving funds under section #ahjjd of division ,b of the ,,cares ,act 7,public ,law #aaf-acf7 may use those funds under the terms and conditions of section #ajd7;c7 of this ,act4 ,amounts repurposed pursuant to this paragraph that were previously designated by the ,congress as an emergency requirement pursuant to the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7#c7 ,no funds received by an institution of higher education under this section shall be used to fund contractors for the provision of pre-enrollment recruitment activities2 endowments2 or capital outlays associated with facilities related to athletics1 sectarian instruction1 or religious worship4 7#d7 ,an institution of higher education that was required to remit payment to the ,internal ,revenue ,service for the excise tax based on investment income of private colleges and universities under section #difh of the ,internal ,revenue ,code of #aihf for tax year #bjai shall have their allocation under this section reduced by #ej percent and may only use funds for activities described in paragraph 7c77#b74 ,this paragraph shall not apply to an institution of higher education designated by the ,secretary as an eligible institution under section #ddh of the ,higher ,education ,act of #aife4 7e7 ,report ,an institution receiving funds under this section shall submit a report to the ,secretary1 not later than #f months after receiving funding provided in this ,act1 in such manner and with such subsequent frequency as the ,secretary may require1 that provides a detailed accounting of the use of funds provided under this section4 7f7 ,reallocation ,any funds allocated to an institution of higher education under this section on the basis of a formula described in subsection 7a77#a7 or 7a77#b7 but for which an institution does not apply for funding within #fj days of the publication of the notice inviting applications1 shall be reallocated to eligible institutions that had submitted an application by such date4 ,assistance to non-public schools #aje4 7a7 ,funds ,availability ,from the payment provided by the ,secretary under section #ajc of this title to a ,state educational agency1 the ,state educational agency shall reserve an amount of funds equal to the percentage of students enrolled in non-public elementary and secondary schools in the ,state prior to the coronavirus emergency4 ,upon reserving funds under this section1 the ,governor of the ,state may award subgrants-- 7#a7 to eligible scholarship-granting organizations for carrying out section #fjja of division ,a of this ,act2 and 7#b7 to non-public schools accredited or otherwise located in and licensed to operate in the ,state based on the number of students enrolled in the non-public school prior to the coronavirus emergency1 subject to the requirements in subsection 7b74 7b7 7#a7 ,a non-public school that provides in-person instruction for at least #ej percent of its students where the students physically attend school no less than #ej percent of each school-week1 as determined by the non-public school prior to the coronavirus emergency1 shall be eligible for the full amount of assistance per student as prescribed under this section4 7#b7 ,a non-public school that does not provide in-person instruction to any students where the students physically attend school in-person shall only be eligible for one-third of the amount of assistance per student as prescribed under this section4 7#c7 ,a non-public school that provides in-person instruction to at least some students where the students physically attend school in-person but does not satisfy the requirements in paragraph 7#a7 shall have its amount of assistance as prescribed under this section reduced on a pro rata basis1 which shall be calculated using the same methodology as is used under section #ajc7;c77#b77;,c7 of this title4 7c7 ,a ,governor shall allocate not less than #ej percent of the funds reserved in this section to non-public schools or eligible scholarship-granting organizations within #cj days of receiving an award from the ,secretary and the remaining #ej percent not less than #d months after receiving an award from the ,secretary4 ,continued payment to employees #ajf4 ,a local educational agency1 ,state1 institution of higher education1 or other entity that receives funds under ,education ,stabilization ,fund1 shall to the greatest extent practicable1 continue to pay its employees and contractors during the period of any disruptions or closures related to coronavirus4 ,definitions #ajg4 ,except as otherwise provided in sections #aja-ajf of this title1 as used in such sections-- 7#a7 the terms elementary education and secondary education have the meaning given such terms under ,state law2 7#b7 the term institution of higher education has the meaning given such term in title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq472 7#c7 the term ,secretary means the ,secretary of ,education2 7#d7 the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico2 7#e7 the term cost of attendance has the meaning given such term in section #dgb of the ,higher ,education ,act of #aife4 7#f7 the term ,non-public school means a non-public elementary and secondary school that 7,a7 is accredited1 licensed1 or otherwise operates in accordance with ,state law2 and 7,b7 was in existence prior to the date of the qualifying emergency for which grants are awarded under this section2 7#g7 the term public school means a public elementary or secondary school2 and 7#h7 any other term used that is defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7 shall have the meaning given the term in such section4 ,,general ,,provision--,,this ,,title #ajh4 ,not later than #cj days after the date of enactment of this ,act1 the ,secretaries of ,health and ,human ,services and ,education shall provide a detailed spend plan of anticipated uses of funds made available in this title1 including estimated personnel and administrative costs1 to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided1 ,that such plans shall be updated and submitted to such ,committees every #fj days until ,september #cj1 #bjbd3 ,provided further1 ,that the spend plans shall be accompanied by a listing of each contract obligation incurred that exceeds #e1jjj1jjj which has not previously been reported1 including the amount of each such obligation4 ,,ii ,,department ,,of ,,agriculture ,agricultural ,programs ,office of the ,secretary ,for an additional amount for the ,office of the ,secretary1 #bj1jjj1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus by providing support for agricultural producers1 growers1 and processors impacted by coronavirus1 including producers1 growers1 and processors of specialty crops1 non-specialty crops1 dairy1 livestock and poultry1 including livestock and poultry depopulated due to insufficient processing access and growers who produce livestock or poultry under a contract for another entity3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,iii ,,department ,,of ,,commerce ,fisheries ,disaster ,assistance ,for an additional amount for ,fisheries ,disaster ,assistance1 #ejj1jjj1jjj1 to remain available until ,september #cj1 #bjba1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for activities authorized under section #abjje of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf73 ,provided1 ,that the formula prescribed by the ,secretary of ,commerce to allocate the amount provided under this heading in this ,act shall be divided proportionally to ,states1 ,tribes1 and territories and shall be the same as the formula used for funds appropriated under section #abjje of ,public ,law #aaf-acf1 but shall be calculated to also evenly weight the #e-year total annual average domestic landings for each ,state1 ,tribe1 and territory3 ,provided further1 ,that the amount provided under this heading in this ,act shall only be allocated to ,states of the ,united ,states in1 or bordering on1 the ,atlantic1 ,pacific1 or ,arctic ,ocean1 or the ,gulf of ,mexico1 as well as to ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 ,american ,samoa1 ,federally ,recognized ,tribes on the ,west ,coast1 and ,federally ,recognized ,tribes in ,alaska3 ,provided further1 ,that no ,state1 ,tribe1 or territory shall receive a total amount in a fiscal year that is from amounts provided under either section #abjje of ,public ,law #aaf-acf or amounts provided under this heading in this ,act that exceeds that ,state1 ,tribe1 or territory's total annual average revenue from commercial fishing operations1 aquaculture firms1 the seafood supply chain1 and charter fishing businesses3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,iv ,,general ,,provisions--,,this ,,act #dja4 ,each amount appropriated or made available by this ,act is in addition to amounts otherwise appropriated for the fiscal year involved4 #djb4 ,no part of any appropriation contained in this ,act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #djc4 ,unless otherwise provided for by this ,act1 the additional amounts appropriated by this ,act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year #bjbj4 #djd4 ,in this ,act1 the term coronavirus means ,,sars-,co,v-#b or another coronavirus with pandemic potential4 #dje4 ,each amount designated in this ,act by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall be available 7or rescinded or transferred1 if applicable7 only if the ,president subsequently so designates all such amounts and transmits such designations to the ,congress4 #djf4 ,any amount appropriated by this ,act1 designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe and subsequently so designated by the ,president1 and transferred pursuant to transfer authorities provided by this ,act shall retain such designation4 ,budgetary effects #djg4 7a7 ,statutory ,,paygo scorecards ,the budgetary effects of this division shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay ,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo scorecards ,the budgetary effects of this division shall not be entered on any ,,paygo scorecard maintained for purposes of section #dajf of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress74 7c7 ,classification of budgetary effects ,notwithstanding ,rule #c of the ,budget ,scorekeeping ,guidelines set forth in the joint explanatory statement of the committee of conference accompanying ,conference ,report #aje-bag and section #bej7;c77#g7 and 7c77#h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 the budgetary effects of this division shall be estimated for purposes of section #bea of such ,act4 7d7 ,ensuring no within-,session sequestration ,solely for the purpose of calculating a breach within a category for fiscal year #bjbj pursuant to section #bea7;a77#f7 or section #bed7;g7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 and notwithstanding any other provision of this division1 the budgetary effects from this division shall be counted as amounts designated as being for an emergency requirement pursuant to section #bea7;b77#b77;,a7 of such ,act4 ,this division may be cited as the ,coronavirus ,response ,additional ,supplemental ,appropriations ,act1 #bjbj4 ,october #a1 #bjbj,read the second time and placed on the calendar