Laws and Regulations

H. R. 748

One Hundred Sixteenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty

An Act
To amend the Internal Revenue Code of 1986 to repeal the excise tax on high
cost employer-sponsored health coverage.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

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

The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE
SYSTEM ENHANCEMENTS, AND ECONOMIC STABILIZATION
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TITLE
1101.
1102.
1103.
1104.
1105.

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1106.
1107.
1108.
1109.
1110.
1111.
1112.
1113.
1114.

I—KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT
Definitions.
Paycheck protection program.
Entrepreneurial development.
State trade expansion program.
Waiver of matching funds requirement under the women’s business center program.
Loan forgiveness.
Direct appropriations.
Minority business development agency.
United States Treasury Program Management Authority.
Emergency EIDL grants.
Resources and services in languages other than English.
Subsidy for certain loan payments.
Bankruptcy.
Emergency rulemaking authority.

TITLE II—ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND
BUSINESSES
Subtitle A—Unemployment Insurance Provisions
Sec. 2101. Short title.
Sec. 2102. Pandemic Unemployment Assistance.
Sec. 2103. Emergency unemployment relief for governmental entities and nonprofit
organizations.
Sec. 2104. Emergency increase in unemployment compensation benefits.
Sec. 2105. Temporary full Federal funding of the first week of compensable regular
unemployment for States with no waiting week.
Sec. 2106. Emergency State staffing flexibility.
Sec. 2107. Pandemic emergency unemployment compensation.
Sec. 2108. Temporary financing of short-time compensation payments in States
with programs in law.
Sec. 2109. Temporary financing of short-time compensation agreements.

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Sec. 2110. Grants for short-time compensation programs.
Sec. 2111. Assistance and guidance in implementing programs.
Sec. 2112. Waiver of the 7-day waiting period for benefits under the Railroad Unemployment Insurance Act.
Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance Act.
Sec. 2114. Extended unemployment benefits under the Railroad Unemployment Insurance Act.
Sec. 2115. Funding for the DOL Office of Inspector General for oversight of unemployment provisions.
Sec. 2116. Implementation.
Subtitle B—Rebates and Other Individual Provisions
Sec. 2201. 2020 recovery rebates for individuals.
Sec. 2202. Special rules for use of retirement funds.
Sec. 2203. Temporary waiver of required minimum distribution rules for certain retirement plans and accounts.
Sec. 2204. Allowance of partial above the line deduction for charitable contributions.
Sec. 2205. Modification of limitations on charitable contributions during 2020.
Sec. 2206. Exclusion for certain employer payments of student loans.
Subtitle C—Business Provisions
Sec. 2301. Employee retention credit for employers subject to closure due to
COVID–19.
Sec. 2302. Delay of payment of employer payroll taxes.
Sec. 2303. Modifications for net operating losses.
Sec. 2304. Modification of limitation on losses for taxpayers other than corporations.
Sec. 2305. Modification of credit for prior year minimum tax liability of corporations.
Sec. 2306. Modifications of limitation on business interest.
Sec. 2307. Technical amendments regarding qualified improvement property.
Sec. 2308. Temporary exception from excise tax for alcohol used to produce hand
sanitizer.
TITLE III—SUPPORTING AMERICA’S HEALTH CARE SYSTEM IN THE FIGHT
AGAINST THE CORONAVIRUS
Subtitle A—Health Provisions
Sec. 3001. Short title.
PART I—ADDRESSING SUPPLY SHORTAGES
SUBPART A—MEDICAL PRODUCT SUPPLIES
Sec. 3101. National Academies report on America’s medical product supply chain
security.
Sec. 3102. Requiring the strategic national stockpile to include certain types of
medical supplies.
Sec. 3103. Treatment of respiratory protective devices as covered countermeasures.
SUBPART B—MITIGATING EMERGENCY DRUG SHORTAGES
Sec. 3111. Prioritize reviews of drug applications; incentives.
Sec. 3112. Additional manufacturer reporting requirements in response to drug
shortages.
SUBPART C—PREVENTING MEDICAL DEVICE SHORTAGES
Sec. 3121. Discontinuance or interruption in the production of medical devices.

PART II—ACCESS

TO

HEALTH CARE

FOR

COVID–19 PATIENTS

SUBPART A—COVERAGE OF TESTING AND PREVENTIVE SERVICES
Sec. 3201. Coverage of diagnostic testing for COVID–19.
Sec. 3202. Pricing of diagnostic testing.
Sec. 3203. Rapid coverage of preventive services and vaccines for coronavirus.
SUBPART B—SUPPORT FOR HEALTH CARE PROVIDERS
Sec. 3211. Supplemental awards for health centers.
Sec. 3212. Telehealth network and telehealth resource centers grant programs.
Sec. 3213. Rural health care services outreach, rural health network development,
and small health care provider quality improvement grant programs.

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Sec. 3214. United States Public Health Service Modernization.
Sec. 3215. Limitation on liability for volunteer health care professionals during
COVID–19 emergency response.
Sec. 3216. Flexibility for members of National Health Service Corps during emergency period.
SUBPART C—MISCELLANEOUS PROVISIONS
Sec. 3221. Confidentiality and disclosure of records relating to substance use disorder.
Sec. 3222. Nutrition services.
Sec. 3223. Continuity of service and opportunities for participants in community
service activities under title V of the Older Americans Act of 1965.
Sec. 3224. Guidance on protected health information.
Sec. 3225. Reauthorization of healthy start program.
Sec. 3226. Importance of the blood supply.

PART III—INNOVATION
Sec. 3301. Removing the cap on OTA during public health emergencies.
Sec. 3302. Priority zoonotic animal drugs.
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3402.
3403.
3404.

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3505.
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3507.
3508.
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3511.
3512.
3513.
3514.

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3516.
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3519.

PART IV—HEALTH CARE WORKFORCE
Reauthorization of health professions workforce programs.
Health workforce coordination.
Education and training relating to geriatrics.
Nursing workforce development.
Subtitle B—Education Provisions
Short title.
Definitions.
Campus-based aid waivers.
Use of supplemental educational opportunity grants for emergency aid.
Federal work-study during a qualifying emergency.
Adjustment of subsidized loan usage limits.
Exclusion from Federal Pell Grant duration limit.
Institutional refunds and Federal student loan flexibility.
Satisfactory academic progress.
Continuing education at affected foreign institutions.
National emergency educational waivers.
HBCU Capital financing.
Temporary relief for federal student loan borrowers.
Provisions related to the Corporation for National and Community Service.
Workforce response activities.
Technical amendments.
Waiver authority and reporting requirement for institutional aid.
Authorized uses and other modifications for grants.
Service obligations for teachers.

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

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

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Sec. 3705. Temporary waiver of requirement for face-to-face visits between home
dialysis patients and physicians.
Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to recertification
of eligibility for hospice care during emergency period.
Sec. 3707. Encouraging use of telecommunications systems for home health services furnished during emergency period.
Sec. 3708. Improving care planning for Medicare home health services.
Sec. 3709. Adjustment of sequestration.
Sec. 3710. Medicare hospital inpatient prospective payment system add-on payment for COVID–19 patients during emergency period.
Sec. 3711. Increasing access to post-acute care during emergency period.
Sec. 3712. Revising payment rates for durable medical equipment under the Medicare program through duration of emergency period.
Sec. 3713. Coverage of the COVID–19 vaccine under part B of the Medicare program without any cost-sharing.
Sec. 3714. Requiring Medicare prescription drug plans and MA–PD plans to allow
during the COVID–19 emergency period for fills and refills of covered
part D drugs for up to a 3-month supply.
Sec. 3715. Providing home and community-based services in acute care hospitals.
Sec. 3716. Clarification regarding uninsured individuals.
Sec. 3717. Clarification regarding coverage of COVID–19 testing products.
Sec. 3718. Amendments relating to reporting requirements with respect to clinical
diagnostic laboratory tests.
Sec. 3719. Expansion of the Medicare hospital accelerated payment program during
the COVID–19 public health emergency.
Sec. 3720. Delaying requirements for enhanced FMAP to enable State legislation
necessary for compliance.
Subtitle E—Health and Human Services Extenders
PART I—MEDICARE PROVISIONS
Sec. 3801. Extension of the work geographic index floor under the Medicare program.
Sec. 3802. Extension of funding for quality measure endorsement, input, and selection.
Sec. 3803. Extension of funding outreach and assistance for low-income programs.
PART II—MEDICAID PROVISIONS
Sec. 3811. Extension of the Money Follows the Person rebalancing demonstration
program.
Sec. 3812. Extension of spousal impoverishment protections.
Sec. 3813. Delay of DSH reductions.
Sec. 3814. Extension and expansion of Community Mental Health Services demonstration program.
PART III—HUMAN SERVICES AND OTHER HEALTH PROGRAMS
Sec. 3821. Extension of sexual risk avoidance education program.
Sec. 3822. Extension of personal responsibility education program.
Sec. 3823. Extension of demonstration projects to address health professions workforce needs.
Sec. 3824. Extension of the temporary assistance for needy families program and
related programs.
PART IV—PUBLIC HEALTH PROVISIONS
Sec. 3831. Extension for community health centers, the National Health Service
Corps, and teaching health centers that operate GME programs.
Sec. 3832. Diabetes programs.
PART V—MISCELLANEOUS PROVISIONS
Sec. 3841. Prevention of duplicate appropriations for fiscal year 2020.
Subtitle F—Over-the-Counter Drugs
PART I—OTC DRUG REVIEW
Sec. 3851. Regulation of certain nonprescription drugs that are marketed without
an approved drug application.
Sec. 3852. Misbranding.
Sec. 3853. Drugs excluded from the over-the-counter drug review.
Sec. 3854. Treatment of Sunscreen Innovation Act.
Sec. 3855. Annual update to Congress on appropriate pediatric indication for certain OTC cough and cold drugs.

H. R. 748—5
Sec. 3856. Technical corrections.
PART II—USER FEES
Sec. 3861. Finding.
Sec. 3862. Fees relating to over-the-counter drugs.
TITLE IV—ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY
DISTRESSED SECTORS OF THE UNITED STATES ECONOMY
Subtitle A—Coronavirus Economic Stabilization Act of 2020
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4005.
4006.
4007.
4008.
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4010.
4011.
4012.
4013.
4014.
4015.
4016.
4017.

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4022.
4023.

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4026.
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4029.

Short title.
Definitions.
Emergency relief and taxpayer protections.
Limitation on certain employee compensation.
Continuation of certain air service.
Coordination with Secretary of Transportation.
Suspension of certain aviation excise taxes.
Debt guarantee authority.
Temporary Government in the Sunshine Act relief.
Temporary hiring flexibility.
Temporary lending limit waiver.
Temporary relief for community banks.
Temporary relief from troubled debt restructurings.
Optional temporary relief from current expected credit losses.
Non-applicability of restrictions on ESF during national emergency.
Temporary credit union provisions.
Increasing access to materials necessary for national security and pandemic recovery.
Special Inspector General for Pandemic Recovery.
Conflicts of interest.
Congressional Oversight Commission.
Credit protection during COVID–19.
Foreclosure moratorium and consumer right to request forbearance.
Forbearance of residential mortgage loan payments for multifamily properties with federally backed loans.
Temporary moratorium on eviction filings.
Protection of collective bargaining agreement.
Reports.
Direct appropriation.
Rule of construction.
Termination of authority.

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4111.
4112.
4113.
4114.
4115.
4116.
4117.
4118.
4119.
4120.

Definitions.
Pandemic relief for aviation workers.
Procedures for providing payroll support.
Required assurances.
Protection of collective bargaining agreement.
Limitation on certain employee compensation.
Tax payer protection.
Reports.
Coordination.
Direct appropriation.

Subtitle B—Air Carrier Worker Support

TITLE V—CORONAVIRUS RELIEF FUNDS
Sec. 5001. Coronavirus Relief Fund.
TITLE VI—MISCELLANEOUS PROVISIONS
Sec. 6001. COVID–19 borrowing authority for the United States Postal Service.
Sec. 6002. Emergency designation.
DIVISION B—EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH
RESPONSE AND AGENCY OPERATIONS
SEC. 3. REFERENCES.

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

H. R. 748—259
head of such entity shall, insofar as is practicable and not in
contravention of any existing law, and consistent with section 6
of the Inspector General Act of 1978 (5 U.S.C. App.), furnish such
information or assistance to the Committee, or an authorized designee, including an Inspector General designated by the Chairperson.
(4) Any Inspector General responsible for conducting oversight
related to covered funds or the Coronavirus response may, consistent with the duties, responsibilities, policies, and procedures
of the Inspector General, provide information requested by the
Committee or an Inspector General on the Committee relating
to the responsibilities of the Committee.
(g)(1)(A) Not later than 30 days after the date of enactment
of this Act, the Committee shall establish and maintain a userfriendly, public-facing website to foster greater accountability and
transparency in the use of covered funds and the Coronavirus
response, which shall have a uniform resource locator that is
descriptive and memorable.
(B) The Committee shall leverage existing information technology and resources, such as oversight.gov, to the greatest extent
practicable to meet the requirements under this section.
(2) The website established and maintained under paragraph
(1) shall be a portal or gateway to key information relating to
the oversight of covered funds and the Coronavirus response and
provide connections to other Government websites with related
information.
(3) In establishing and maintaining the website under paragraph (1), the Committee shall ensure the following:
(A) The website shall provide materials and information
explaining the Coronavirus response and how covered funds
are being used. The materials shall be easy to understand
and regularly updated.
(i) The website shall provide accountability information,
including findings from Inspectors General, including any
progress reports, audits, inspections, or other reports, including
reports from or links to reports on the website of the Government Accountability Office.
(ii) The website shall provide data on relevant operational,
economic, financial, grant, subgrant, contract, and subcontract
information in user-friendly visual presentations to enhance
public awareness of the use of covered funds and the
Coronavirus response.
(iii) The website shall provide detailed data on any Federal
Government awards that expend covered funds, including a
unique trackable identification number for each project,
information about the process that was used to award the
covered funds, and for any covered funds over $150,000, a
detailed explanation of any associated agreement, where
applicable.
(iv) The website shall include downloadable, machine-readable, open format reports on covered funds obligated by month
to each State and congressional district, where applicable.
(v) The website shall provide a means for the public to
give feedback on the performance of any covered funds and
of the Coronavirus response, including confidential feedback.
(vi) The website shall include detailed information on Federal Government awards that expend covered funds, including

H. R. 748—330
the Emergency Solutions Grant program in prior Acts used by
recipients to prevent, prepare for, and respond to coronavirus: Provided further, That the Secretary shall notify the public through
the Federal Register or other appropriate means of any such waiver
or alternative requirement, and that such public notice may be
provided, at a minimum, on the Internet at the appropriate Government web site or through other electronic media, as determined
by the Secretary: Provided further, That any additional activities
or authorities authorized pursuant to this Act, including any
waivers and alternative requirements established by the Secretary
pursuant to this Act, may also apply at the discretion and upon
notice of the Secretary with respect to all amounts made available
for the Emergency Solutions Grants program under the heading
‘‘Homeless Assistance Grants’’ in any prior Act and used by recipients to prevent, prepare for, and respond to coronavirus: Provided
further, That up to 1 percent of amounts made available under
this heading in this Act may be used to make new awards or
increase prior awards made to existing technical assistance providers with experience in providing health care services to homeless
populations, without competition, to provide an immediate increase
in capacity building and technical assistance available to recipients
of amounts for the Emergency Solutions Grants program under
this heading in this Act and under the same heading in prior
Acts: Provided further, That none of the funds provided under
this heading in this Act may be used to require people experiencing
homelessness to receive treatment or perform any other prerequisite
activities as a condition for receiving shelter, housing, or other
services: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
HOUSING PROGRAMS
PROJECT-BASED RENTAL ASSISTANCE

For an additional amount for ‘‘Project-Based Rental Assistance’’,
$1,000,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, including to provide additional funds to maintain normal operations and take other necessary
actions during the period that the program is impacted by
coronavirus, for assistance to owners or sponsors of properties
receiving project-based assistance pursuant to section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f et seq.): Provided, That the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the
Secretary administers in connection with the use of amounts made
available under this heading in this Act (except for requirements
related to fair housing, nondiscrimination, labor standards, and
the environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary to expedite or
facilitate the use of such amounts to prevent, prepare for, and
respond to coronavirus, and such waiver or alternative requirement
is consistent with the purposes described under this heading in
this Act: Provided further, That the Secretary shall notify the
public through the Federal Register or other appropriate means
of any such waiver or alternative requirement in order for such

H. R. 748—331
waiver or alternative requirement to take effect, and that such
public notice may be provided, at a minimum, on the Internet
at the appropriate Government web site or through other electronic
media, as determined by the Secretary: Provided further, That
such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
HOUSING FOR THE ELDERLY

For an additional amount for ‘‘Housing for the Elderly’’,
$50,000,000, to remain available until September 30, 2023, to prevent, prepare for, and respond to coronavirus, including to provide
additional funds to maintain normal operations and take other
necessary actions during the period that the program is impacted
by coronavirus, for assistance to owners or sponsors of properties
receiving project-based assistance pursuant to section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as amended: Provided,
That of the amount provided under this heading in this Act, up
to $10,000,000 shall be for service coordinators and the continuation
of existing congregate service grants for residents of assisted
housing projects: Provided further, That the Secretary may waive,
or specify alternative requirements for, any provision of any statute
or regulation that the Secretary administers in connection with
the use of amounts made available under this heading in this
Act (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by
the Secretary that any such waivers or alternative requirements
are necessary to expedite or facilitate the use of such amounts
to prevent, prepare for, and respond to coronavirus, and such waiver
or alternative requirement is consistent with the purposes described
under this heading in this Act: Provided further, That the Secretary
shall notify the public through the Federal Register or other appropriate means of any such waiver or alternative requirement in
order for such waiver or alternative requirement to take effect,
and that such public notice may be provided, at a minimum, on
the Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary: Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
HOUSING FOR PERSONS WITH DISABILITIES

For an additional amount for ‘‘Housing for Persons with Disabilities’’, $15,000,000, to remain available until September 30, 2023,
to prevent, prepare for, and respond to coronavirus, including to
provide additional funds to maintain normal operations and take
other necessary actions during the period that the program is
impacted by coronavirus, for assistance to owners or sponsors of
properties receiving project-based assistance pursuant to section
811 of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013), as amended: Provided, That the Secretary may waive,
or specify alternative requirements for, any provision of any statute
or regulation that the Secretary administers in connection with
the use of amounts made available under this heading in this
Act (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by

H. R. 748—332
the Secretary that any such waivers or alternative requirements
are necessary to expedite or facilitate the use of such amounts
to prevent, prepare for, and respond to coronavirus, and such waiver
or alternative requirement is consistent with the purposes described
under this heading in this Act: Provided further, That the Secretary
shall notify the public through the Federal Register or other appropriate means of any such waiver or alternative requirement in
order for such waiver or alternative requirement to take effect,
and that such public notice may be provided, at a minimum, on
the Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary: Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
FAIR HOUSING

AND

EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For an additional amount for ‘‘Fair Housing Activities’’,
$2,500,000, to remain available until September 30, 2021, for contracts, grants, and other assistance, as authorized by title VIII
of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988, and section 561 of the Housing and
Community Development Act of 1987, to prevent, prepare for, and
respond to coronavirus, of which $1,500,000 shall be for the Fair
Housing Assistance Program Partnership for Special Enforcement
grants to address fair housing issues relating to coronavirus, and
$1,000,000 shall be for the Fair Housing Initiatives Program for
education and outreach activities under such section 561 to educate
the public about fair housing issues related to coronavirus: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OFFICE

OF INSPECTOR

GENERAL

For an additional amount for ‘‘Office of Inspector General’’,
$5,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus: Provided, That the funding made
available under this heading in this Act shall be used for conducting
audits and investigations of projects and activities carried out with
funds made available in this Act to the Department of Housing
and Urban Development to prevent, prepare for, and respond to
coronavirus: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
SEC. 22001. Of the amounts made available from the Airport
and Airway Trust Fund for ‘‘Federal Aviation Administration—
Operations’’ in title XI of division B of the Bipartisan Budget
Act of 2018 (Public Law 115–123), up to $25,000,000 may be used
to prevent, prepare for, and respond to coronavirus: Provided, That
amounts repurposed in this section that were previously designated
by the Congress as an emergency requirement pursuant to the