H.R. 925, The Heroes Act (Oct. 1, 2020)
Summary
This is the House amendment to the Senate amendment to H.R. 925, which is titled as an Act to extend the authorization of appropriations for approved wetlands conservation projects under the North American Wetlands Conservation Act through fiscal year 2024. In the House of Representatives, October 1, 2020, it was resolved to agree to the Senate amendment with a House amendment that may be cited as The Heroes Act. The table of contents lists Division A, the Coronavirus Recovery Supplemental Appropriations Act, 2021, and Division B on relief for students and institutions of higher education. It also lists Division E on small business provisions, including modifications to the Paycheck Protection Program.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Congressional materials
- Document type
- Bills 116Hr925Ih 210Ab9Bbfb7E
- Case
- Bills 116Hr925Ih 210Ab9Bbfb7E
Cite this document
“H.R. 925, The Heroes Act (Oct. 1, 2020).”
Original at docs.house.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-116hr925ih-210ab9bbfb7e/
, SHA-256 210ab9bbfb7e4ccab5ba6095320206bc9fef1998be88344f792bf437587ce43e.Full text
In the House of Representatives, U. S.,
October 1, 2020.
Resolved, That the House agree to the amendment of the
Senate to the title of the bill (H.R. 925) entitled ‘‘An Act to
extend the authorization of appropriations for allocation to
carry out approved wetlands conservation projects under the
North American Wetlands Conservation Act through fiscal
year 2024.’’ and be it further
Resolved, That the House agree to the amendment of the
Senate to the text of the aforementioned bill, with the fol-
lowing
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert
the following:
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as ‘‘The Heroes Act’’.
3 SEC. 2. TABLE OF CONTENTS.
4 The table of contents for this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A—CORONAVIRUS RECOVERY SUPPLEMENTAL
APPROPRIATIONS ACT, 2021
DIVISION B—PROVIDING RELIEF TO STUDENTS, INSTITUTIONS OF
HIGHER EDUCATION, LOCAL EDUCATIONAL AGENCIES, AND
STATE VOCATIONAL REHABILITATION AGENCIES
Title I—Higher Education Provisions
Title II—Impact Aid and Migrant Education Coronavirus Relief
2
Title III—Career, Technical, and Adult Education
Title IV—Disability Employment
DIVISION C—PROTECTION FOR FAMILIES AND WORKERS
Title I—Amendments to Emergency Family and Medical Leave Expansion Act
and Emergency Paid Sick Leave Act
Title II—COVID–19 Every Worker Protection Act of 2020
Title III—COVID–19 Protections under Longshore and Harbor Workers’ Com-
pensation Act
Title IV—Worker’s Compensation for Federal and Postal Employees Diagnosed
with COVID–19
Title V—COVID–19 Workforce Development Response Activities
DIVISION D—HUMAN SERVICES AND COMMUNITY SUPPORTS
Title I—Stronger Child Abuse Prevention and Treatment
Title II—Child Nutrition and the Special Supplemental Nutrition Program for
Women, Infants, and Children
Title III—Related Programs
DIVISION E—SMALL BUSINESS PROVISIONS
Title I—Funding Provisions
Title II—Modifications to the Paycheck Protection Program
Title III—Tax Provisions
Title IV—COVID–19 Economic Injury Disaster Loan Program Reform
Title V—Micro-SBIC and Equity Investment Enhancement
Title VI—Miscellaneous
DIVISION F—REVENUE PROVISIONS
Title I—Economic Stimulus
Title II—Provisions to Prevent Business Interruption
Title III—Net Operating Losses
DIVISION G—RETIREMENT PROVISIONS
Title I—Relief for Multiemployer Pension Plans
Title II—Relief for Single Employer Pension Plans
Title III—Other Retirement Related Provisions
DIVISION H—GIVING RETIREMENT OPTIONS TO WORKERS ACT
DIVISION I—CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS
Title I—Extensions of CARES Act Unemployment Benefits for Workers
Title II—Additional Weeks of Benefit Eligibility
Title III—Clarifications and Improvements to Pandemic Unemployment Assist-
ance
Title IV—Extension of Relief to States and Employers
Title V—Corrective Action for Processing Backlogs
Title VI—Additional Benefits for Mixed Earners
Title VII—Technical Corrections
DIVISION J—EMERGENCY ASSISTANCE, ELDER JUSTICE, AND
CHILD AND FAMILY SUPPORT
Title I—Emergency assistance
•HR 925 EAH
3
Title II—Reauthorization of Funding for Programs to Prevent, Investigate, and
Prosecute Elder Abuse, Neglect, and Exploitation
Title III—Fairness for Seniors and People with Disabilities During COVID–19
Title IV—Supporting Foster Youth and Families through the Pandemic
Title V—Pandemic State Flexibilities
DIVISION K—HEALTH PROVISIONS
Title I—Medicaid Provisions
Title II—Medicare Provisions
Title III—Private Insurance Provisions
Title IV—Application to Other Health Programs
Title V—Public Health Policies
Title VI—Public Health Assistance
Title VII—Vaccine Development, Distribution, Administration, and Awareness
Title VIII—Other Matters
DIVISION L—VETERANS AND SERVICEMEMBERS PROVISIONS
DIVISION M—CONSUMER PROTECTION AND TELECOMMUNICATIONS
PROVISIONS
Title I—COVID–19 Price Gouging Prevention
Title II—E–Rate Support for Wi-Fi Hotspots, Other Equipment, Connected De-
vices, and Connectivity
Title III—Emergency Benefit for Broadband Service
Title IV—Continued Connectivity
Title V—Don’t Break Up the T–Band
Title VI—COVID–19 Compassion and Martha Wright Prison Phone Justice
DIVISION N—AGRICULTURE PROVISIONS
Title I—Livestock and Poultry
Title II—Dairy
Title III—Specialty Crops and Other Commodities
Title IV—Commodity Credit Corporation
Title V—Conservation
Title VI—Nutrition
Title VII—Rural Development
DIVISION O—COVID–19 HERO ACT
Title I—Providing Medical Equipment for First Responders and Essential Work-
ers
Title II—Protecting Renters and Homeowners From Evictions and Foreclosures
Title III—Protecting People Experiencing Homelessness
Title IV—Suspending Negative Credit Reporting and Strengthening Consumer
and Investor Protections
Title V—Protecting Student Borrowers
Title VI—Standing Up for Small Businesses, Minority-Owned Businesses, and
Non-Profits
Title VII—Promoting and Advancing Communities of Color through Inclusive
Lending
Title VIII—Providing Assistance for State, Territory, Tribal, and Local Govern-
ments
Title IX—Support for a Robust Global Response to the Covid–19 Pandemic
Title X—Providing Oversight and Protecting Taxpayers
•HR 925 EAH
4
DIVISION P—ACCESS ACT
DIVISION Q—TRANSPORTATION AND INFRASTRUCTURE
Title I—Aviation
Title II—Federal Emergency Management Agency
Title III—Other matters
DIVISION R—ACCOUNTABILITY AND GOVERNMENT OPERATIONS
Title I—Accountability
Title II—Census Matters
Title III—Federal Workforce
Title IV—Federal Contracting Provisions
Title V—District of Columbia
Title VI—Other Matters
DIVISION S—FOREIGN AFFAIRS PROVISIONS
Title I—Matters Relating to the Department of State
Title II—Global Health Security Act of 2020
Title III—Securing America From Epidemics Act
DIVISION T—JUDICIARY MATTERS
Title I—Immigration Matters
Title II—Prisons and jails
Title III—Victims of Crime Act Amendments
Title IV—Jabara-Heyer NO HATE Act
Title V—Bankruptcy Protections
DIVISION U—OTHER MATTERS
Title I—Presumption of Service Connection for Coronavirus Disease 2019
Title II—Coronavirus Relief Fund Amendments
Title III—Energy and Environment Provisions
Title IV—Miscellaneous Matters
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
4 be treated as referring only to the provisions of that divi-
5 sion.
•HR 925 EAH
5
1 DIVISION A—CORONAVIRUS RECOVERY
2 SUPPLEMENTAL APPROPRIATIONS
3 ACT, 2021
4 The following sums are hereby appropriated, out of
5 any money in the Treasury not otherwise appropriated, for
6 the fiscal year ending September 30, 2021, and for other
7 purposes, namely:
8 TITLE I
9 AGRICULTURE, RURAL DEVELOPMENT, FOOD
10 AND DRUG ADMINISTRATION, AND RELATED
11 AGENCIES
12 DEPARTMENT OF AGRICULTURE
13 AGRICULTURAL PROGRAMS
14 OFFICE OF INSPECTOR GENERAL
15 For an additional amount for ‘‘Office of Inspector
16 General’’, $2,500,000, to remain available until expended,
17 to prevent, prepare for, and respond to coronavirus, domes-
18 tically or internationally: Provided, That the funding made
19 available under this heading in this Act shall be used for
20 conducting audits and investigations of projects and activi-
21 ties carried out with funds made available to the Depart-
22 ment of Agriculture to prevent, prepare for, and respond
23 to coronavirus, domestically or internationally: Provided
24 further, That such amounts shall be in addition to any
25 other amounts available for such purposes: Provided fur-
•HR 925 EAH
6
1 ther, That such amount is designated by the Congress as
2 being for an emergency requirement pursuant to section
3 251(b)(2)(A)(i) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985.
5 RURAL DEVELOPMENT PROGRAMS
6 RURAL HOUSING SERVICE
7 SALARIES AND EXPENSES
8 For an additional amount for ‘‘Salaries and Ex-
9 penses’’, $10,000,000, to prevent, prepare for, and respond
10 to coronavirus, domestically or internationally, including
11 administrative expenses: Provided, That such amounts shall
12 be in addition to any other amounts available for such pur-
13 poses: Provided further, That such amount is designated by
14 the Congress as being for an emergency requirement pursu-
15 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
16 Emergency Deficit Control Act of 1985.
17 RENTAL ASSISTANCE PROGRAM
18 For an additional amount for ‘‘Rental Assistance Pro-
19 gram’’, $309,000,000, to prevent, prepare for, and respond
20 to coronavirus, including for temporary adjustment of wage
21 income losses for residents of housing financed or assisted
22 under section 514, 515, or 516 of the Housing Act of 1949,
23 without regard to any existing eligibility requirements
24 based on income: Provided, That such amount is designated
25 by the Congress as being for an emergency requirement pur-
•HR 925 EAH
7
1 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3 DOMESTIC FOOD PROGRAMS
4 FOOD AND NUTRITION SERVICE
5 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
6 WOMEN, INFANTS, AND CHILDREN (WIC)
7 For an additional amount for the ‘‘Special Supple-
8 mental Nutrition Program for Women, Infants, and Chil-
9 dren’’, $400,000,000: Provided, That such amount is des-
10 ignated by the Congress as being for an emergency require-
11 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
12 Budget and Emergency Deficit Control Act of 1985.
13 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
14 For an additional amount for ‘‘Supplemental Nutri-
15 tion Assistance Program’’, $10,000,000,000, to prevent, pre-
16 pare for, and respond to coronavirus: Provided, That such
17 amounts shall be in addition to any other amounts avail-
18 able for such purposes: Provided further, That such amount
19 is designated by the Congress as being for an emergency
20 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
21 anced Budget and Emergency Deficit Control Act of 1985.
22 COMMODITY ASSISTANCE PROGRAM
23 For an additional amount for ‘‘Commodity Assistance
24 Program’’, $450,000,000, for the emergency food assistance
25 program as authorized by section 27(a) of the Food and
•HR 925 EAH
8
1 Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section
2 204(a)(1) of the Emergency Food Assistance Act of 1983
3 (7 U.S.C. 7508(a)(1)): Provided, That such amount is des-
4 ignated by the Congress as being for an emergency require-
5 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
6 Budget and Emergency Deficit Control Act of 1985.
7 DEPARTMENT OF HEALTH AND HUMAN
8 SERVICES
9 FOOD AND DRUG ADMINISTRATION
10 SALARIES AND EXPENSES
11 For an additional amount for ‘‘Salaries and Ex-
12 penses’’, $1,500,000, to remain available until expended, to
13 prevent, prepare for, and respond to coronavirus, domesti-
14 cally or internationally, for the purposes of holding one or
15 more advisory committee meetings to discuss requests for
16 authorization or applications for approval of vaccines for
17 coronavirus: Provided, That such amount is designated by
18 the Congress as being for an emergency requirement pursu-
19 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 GENERAL PROVISIONS—THIS TITLE
22 SEC. 101. For an additional amount for grants to
23 Rural Utilities Service borrowers, as authorized in section
24 701 of division N of this Act, to prevent, prepare for, and
25 respond to coronavirus, $2,600,000,000, to remain available
•HR 925 EAH
9
1 until September 30, 2022: Provided, That such amount is
2 designated by Congress as being for an emergency require-
3 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
4 Budget and Emergency Deficit Control Act of 1985.
5 SEC. 102. For an additional amount for the Common-
6 wealth of the Northern Mariana Islands, $14,000,000, for
7 nutrition assistance to prevent, prepare for, and respond
8 to coronavirus: Provided, That such amounts shall be in
9 addition to any other amounts available for such purposes:
10 Provided further, That such amount is designated by the
11 Congress as being for an emergency requirement pursuant
12 to section 251(b)(2)(A)(i) of the Balanced Budget and
13 Emergency Deficit Control Act of 1985.
14 SEC. 103. For an additional amount for the Common-
15 wealth of Puerto Rico, $1,236,000,000, for nutrition assist-
16 ance to prevent, prepare for, and respond to coronavirus:
17 Provided, That such amounts shall be in addition to any
18 other amounts available for such purposes: Provided fur-
19 ther, That such amount is designated by the Congress as
20 being for an emergency requirement pursuant to section
21 251(b)(2)(A)(i) of the Balanced Budget and Emergency
22 Deficit Control Act of 1985.
23 SEC. 104. For an additional amount for American
24 Samoa, $9,117,000, for nutrition assistance to prevent, pre-
25 pare for, and respond to coronavirus: Provided, That such
•HR 925 EAH
10
1 amounts shall be in addition to any other amounts avail-
2 able for such purposes: Provided further, That such amount
3 is designated by the Congress as being for an emergency
4 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
5 anced Budget and Emergency Deficit Control Act of 1985.
6 SEC. 105. The matter preceding the first proviso under
7 the heading ‘‘Commodity Assistance Program’’ in title I of
8 division B of the Coronavirus Aid, Relief, and Economic
9 Security Act (Public Law 116–136), is amended by striking
10 ‘‘to prevent, prepare for, and respond to coronavirus, do-
11 mestically or internationally,’’: Provided, That the amounts
12 repurposed pursuant to the amendment made by this sec-
13 tion that were previously designated by the Congress as an
14 emergency requirement pursuant to the Balanced Budget
15 and Emergency Deficit Control Act of 1985 are designated
16 by the Congress as an emergency requirement pursuant to
17 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
18 gency Deficit Control Act of 1985.
19 SEC. 106. For an additional amount for the program
20 established under section 7522 of the Food, Conservation,
21 and Energy Act of 2008 (7 U.S.C. 5936), to prevent, pre-
22 pare for, and respond to coronavirus, $20,000,000: Pro-
23 vided, That such amount is designated by the Congress as
24 being for an emergency requirement pursuant to section
•HR 925 EAH
11
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 SEC. 107. Section 11004 in title I of division B of the
4 Coronavirus Aid, Relief, and Economic Security Act (Pub-
5 lic Law 116–136) is amended by inserting after the fourth
6 proviso the following: ‘‘Provided further, That the condition
7 set forth in section 9003(f) of the Farm Security and Rural
8 Investment Act of 2002 shall apply with respect to all con-
9 struction, alteration, or repair work carried out, in whole
10 or in part, with funds made available by this section:’’: Pro-
11 vided, That amounts repurposed pursuant to the amend-
12 ments made pursuant to this section are designated by the
13 Congress as being for an emergency requirement pursuant
14 to section 251(b)(2)(A)(i) of the Balanced Budget and
15 Emergency Deficit Control Act of 1985.
16 SEC. 108. For necessary expenses for salary and re-
17 lated costs associated with Agriculture Quarantine and In-
18 spection Services activities pursuant to 21 U.S.C. 136a(6),
19 and in addition to any other funds made available for this
20 purpose, there is appropriated, out of any money in the
21 Treasury not otherwise appropriated, $350,000,000, to re-
22 main available until September 30, 2022, to offset the loss
23 resulting from the coronavirus pandemic of quarantine and
24 inspection fees collected pursuant to sections 2508 and 2509
25 of the Food, Agriculture, Conservation, and Trade Act of
•HR 925 EAH
12
1 1990 (21 U.S.C. 136, 136a): Provided, That amounts made
2 available in this section and under the heading ‘‘Animal
3 and Plant Health Inspection Service—Salaries and Ex-
4 penses’’ in the Coronavirus Aid, Relief, and Economic Secu-
5 rity Act (Public Law 116–136) shall be treated as funds
6 collected by fees authorized under sections 2508 and 2509
7 of the Food, Agriculture, Conservation, and Trade Act of
8 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f)
9 of the Homeland Security Act of 2002 (6 U.S.C. 231(f)):
10 Provided further, That, the amounts repurposed in this sec-
11 tion that were previously designated by the Congress as an
12 emergency requirement pursuant to the Balanced Budget
13 and Emergency Deficit Control Act of 1985 are designated
14 by the Congress as an emergency requirement pursuant to
15 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
16 gency Deficit Control Act of 1985: Provided further, That
17 such amount is designated by the Congress as being for an
18 emergency requirement pursuant to section 251(b)(2)(A)(i)
19 of the Balanced Budget and Emergency Deficit Control Act
20 of 1985.
•HR 925 EAH
13
1 TITLE II
2 COMMERCE, JUSTICE, SCIENCE, AND RELATED
3 AGENCIES
4 DEPARTMENT OF COMMERCE
5 INTERNATIONAL TRADE ADMINISTRATION
6 OPERATIONS AND ADMINISTRATION
7 For an additional amount for ‘‘Operations and Ad-
8 ministration’’, $20,000,000, to prevent, prepare for, and re-
9 spond to coronavirus: Provided, That such amount is des-
10 ignated by the Congress as being for an emergency require-
11 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
12 Budget and Emergency Deficit Control Act of 1985.
13 MINORITY BUSINESS DEVELOPMENT AGENCY
14 MINORITY BUSINESS DEVELOPMENT
15 For an additional amount for ‘‘Minority Business De-
16 velopment’’, $25,000,000, for necessary expenses for the
17 Business Centers and Specialty Centers, including any cost
18 sharing requirements that may exist, for assisting minority
19 business enterprises to prevent, prepare for, and respond to
20 coronavirus, including identifying and accessing local,
21 State, and Federal government assistance related to such
22 virus: Provided, That such amount is designated by the
23 Congress as being for an emergency requirement pursuant
24 to section 251(b)(2)(A)(i) of the Balanced Budget and
25 Emergency Deficit Control Act of 1985.
•HR 925 EAH
14
1 BUREAU OF THE CENSUS
2 CURRENT SURVEYS AND PROGRAMS
3 (INCLUDING TRANSFER OF FUNDS)
4 For an additional amount for ‘‘Current Surveys and
5 Programs’’, $10,000,000: Provided, That such sums may be
6 transferred to the Bureau of the Census Working Capital
7 Fund for necessary expenses incurred as a result of the
8 coronavirus, including for payment of salaries and leave
9 to Bureau of the Census staff resulting from the suspension
10 of data collection for reimbursable surveys conducted for
11 other Federal agencies: Provided, That such transfer author-
12 ity is in addition to any other transfer authority provided
13 by law: Provided further, That such amount is designated
14 by the Congress as being for an emergency requirement pur-
15 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
16 Emergency Deficit Control Act of 1985.
17 PERIODIC CENSUSES AND PROGRAMS
18 For an additional amount for ‘‘Periodic Censuses and
19 Programs’’, $400,000,000, to remain available until Sep-
20 tember 30, 2022, to prevent, prepare for, and respond to
21 coronavirus: Provided, That such amount is designated by
22 the Congress as being for an emergency requirement pursu-
23 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.
•HR 925 EAH
15
1 UNITED STATES PATENT AND TRADEMARK OFFICE
2 SALARIES AND EXPENSES
3 For an additional amount for ‘‘United States Patent
4 and Trademark Office, Salaries and Expenses’’,
5 $95,000,000, to prevent, prepare for, and respond to
6 coronavirus: Provided, That such amount is designated by
7 the Congress as being for an emergency requirement pursu-
8 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
11 INDUSTRIAL TECHNOLOGY SERVICES
12 For an additional amount for ‘‘Industrial Technology
13 Services’’, $70,000,000, of which $50,000,000 shall be for
14 the Hollings Manufacturing Extension Partnership to as-
15 sist manufacturers to prevent, prepare for, and respond to
16 coronavirus, and $20,000,000 shall be for the National Net-
17 work for Manufacturing Innovation (also known as ‘‘Manu-
18 facturing USA’’) to prevent, prepare for, and respond to
19 coronavirus, including to support development and manu-
20 facturing of medical countermeasures and biomedical
21 equipment and supplies: Provided, That none of the funds
22 provided under this heading in this Act shall be subject to
23 cost share requirements under section 34(e)(7)(A) of the Na-
24 tional Institute of Standards and Technology Act (15
25 U.S.C. 278s(e)(7)(A)): Provided further, That such amount
•HR 925 EAH
16
1 is designated by the Congress as being for an emergency
2 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
3 anced Budget and Emergency Deficit Control Act of 1985.
4 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
5 PROCUREMENT, ACQUISITION AND CONSTRUCTION
6 For an additional amount for ‘‘Procurement, Acquisi-
7 tion and Construction’’, $42,000,000, to prevent, prepare
8 for, and respond to coronavirus, by supporting continuity
9 of National Weather Service life and property related oper-
10 ations: Provided, That such amount is designated by the
11 Congress as being for an emergency requirement pursuant
12 to section 251(b)(2)(A)(i) of the Balanced Budget and
13 Emergency Deficit Control Act of 1985.
14 FISHERIES PROMOTION FUND
15 For an additional amount for ‘‘Fisheries Promotion
16 Fund’’, $100,000,000, to remain available until September
17 30, 2022, to prevent, prepare for, and respond to
18 coronavirus, for grants authorized by the Saltonstall-Ken-
19 nedy Act of 1954 (15 U.S.C. 713c): Provided, That within
20 the amount appropriated under this heading in this Act,
21 up to 2 percent of funds may be transferred to the ‘‘Oper-
22 ations, Research, and Facilities’’ account for management,
23 administration, and oversight of funds provided under this
24 heading in this Act: Provided further, That such transfer
25 authority is in addition to any other transfer authority
•HR 925 EAH
17
1 provided by law: Provided further, That such amount is
2 designated by the Congress as being for an emergency re-
3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
4 anced Budget and Emergency Deficit Control Act of 1985.
5 FISHERIES DISASTER ASSISTANCE
6 For an additional amount for ‘‘Fisheries Disaster As-
7 sistance’’, $250,000,000, for activities authorized under sec-
8 tion 12005 of the Coronavirus Aid, Relief, and Economic
9 Security Act of 2020 (Public Law 116–136), including for
10 necessary expenses to provide assistance to Tribal, subsist-
11 ence, commercial, and charter fishery participants affected
12 by the novel coronavirus (COVID–19), which may include
13 direct relief payments: Provided, That of the funds provided
14 under this heading in this Act, $25,000,000 shall be for
15 Tribal fishery participants who belong to Federally recog-
16 nized Tribes in any of the Nation’s States and territories:
17 Provided further, That such amount is designated by the
18 Congress as being for an emergency requirement pursuant
19 to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 DEPARTMENTAL MANAGEMENT
22 OFFICE OF INSPECTOR GENERAL
23 For an additional amount for ‘‘Office of Inspector
24 General’’, $2,000,000, to remain available until expended
25 to prevent, prepare for, and respond to coronavirus, includ-
•HR 925 EAH
18
1 ing the impact of coronavirus on the work of the Depart-
2 ment of Commerce and to carry out investigations and au-
3 dits related to the funding made available for the Depart-
4 ment of Commerce in this Act and in title II of division
5 B of Public Law 116–136: Provided, That such amount is
6 designated by the Congress as being for an emergency re-
7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
8 anced Budget and Emergency Deficit Control Act of 1985.
9 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF
10 COMMERCE
11 SEC. 201. Notwithstanding any other provision of law,
12 the Federal share for grants provided by the Economic De-
13 velopment Administration under Public Law 116–93 and
14 Public Law 116–136 shall be 100 percent: Provided, That
15 the amounts repurposed in this section that were previously
16 designated by the Congress as an emergency requirement
17 pursuant to the Balanced Budget and Emergency Deficit
18 Control Act of 1985 are designated by the Congress as an
19 emergency requirement pursuant to section 251(b)(2)(A)(i)
20 of the Balanced Budget and Emergency Deficit Control Act
21 of 1985.
22 SEC. 202. The Secretary of Commerce may waive, in
23 whole or in part, the matching requirements under section
24 306 and 306A, and the cost sharing requirements under sec-
25 tion 315, of the Coastal Zone Management Act of 1972 (16
•HR 925 EAH
19
1 U.S.C. 1455, 1455a, and 1461 respectively) as necessary for
2 fiscal years 2020, 2021, and 2022 upon written request by
3 a coastal State.
4 SEC. 203. Amounts provided by this Act, or any other
5 Act making appropriations for fiscal year 2021, for the
6 Hollings Manufacturing Extension Partnership under the
7 heading ‘‘National Institute of Standards and Tech-
8 nology—Industrial Technology Services’’ shall not be sub-
9 ject to cost share requirements under section 25(e)(2) of the
10 National Institute of Standards and Technology Act (15
11 U.S.C. 278k(e)(2)): Provided, That the authority made
12 available pursuant to this section shall be elective for any
13 Manufacturing Extension Partnership Center that also re-
14 ceives funding from a State that is conditioned upon the
15 application of a Federal cost sharing requirement.
16 DEPARTMENT OF JUSTICE
17 FEDERAL PRISON SYSTEM
18 SALARIES AND EXPENSES
19 For an additional amount for ‘‘Salaries and Ex-
20 penses’’, $620,000,000, to prevent, prepare for, and respond
21 to coronavirus, including the impact of coronavirus on the
22 work of the Department of Justice, to include funding for
23 medical testing and services, personal protective equipment,
24 hygiene supplies and services, and sanitation services: Pro-
25 vided, That such amount is designated by the Congress as
•HR 925 EAH
20
1 being for an emergency requirement pursuant to section
2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4 OFFICE OF INSPECTOR GENERAL
5 For an additional amount for ‘‘Office of Inspector
6 General’’, $3,000,000, to remain available until expended
7 to prevent, prepare for, and respond to coronavirus, includ-
8 ing the impact of coronavirus on the work of the Depart-
9 ment of Justice and to carry out investigations and audits
10 related to the funding made available for the Department
11 of Justice in this Act and in title II of division B of Public
12 Law 116–136: Provided, That such amount is designated
13 by the Congress as being for an emergency requirement pur-
14 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
15 Emergency Deficit Control Act of 1985.
16 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
17 OFFICE ON VIOLENCE AGAINST WOMEN
18 VIOLENCE AGAINST WOMEN PREVENTION AND
19 PROSECUTION PROGRAMS
20 For an additional amount for ‘‘Violence Against
21 Women Prevention and Prosecution Programs’’,
22 $375,000,000, to remain available until expended, of
23 which—
24 (1) $100,000,000 is for formula grants to States
25 and territories to combat violence against women, as
•HR 925 EAH
21
1 authorized by part T of title I of the Omnibus Crime
2 Control and Safe Streets Acts of 1968;
3 (2) $40,000,000 is for transitional housing as-
4 sistance grants for victims of domestic violence, dat-
5 ing violence, stalking, or sexual assault, as authorized
6 by section 40299 of the Violent Crime Control and
7 Law Enforcement Act of 1994 (Public Law 103–322;
8 ‘‘1994 Act’’);
9 (3) $100,000,000 is for formula grants to States
10 and territories for sexual assault victims assistance,
11 as authorized by section 41601 of the 1994 Act;
12 (4) $20,000,000 is for rural domestic violence
13 and child abuse enforcement assistance grants, as au-
14 thorized by section 40295 of the 1994 Act;
15 (5) $15,000,000 is for grants to support families
16 in the justice system, as authorized by section 1301
17 of the Victims of Trafficking and Violence Protection
18 Act of 2000 (Public Law 106–386);
19 (6) $50,000,000 is for grants to Tribal govern-
20 ments, Tribal coalitions, Tribal non-profit organiza-
21 tions and Tribal organizations that serve Native vic-
22 tims for purposes authorized under 34 U.S.C.
23 10441(d), 34 U.S.C. 12511(d), 34 U.S.C. 10452 and
24 34 U.S.C. 12511(e);
•HR 925 EAH
22
1 (7) $25,000,000 is for grants to enhance cul-
2 turally specific services for victims of domestic vio-
3 lence, dating violence, sexual assault, and stalking, as
4 authorized under 34 U.S.C. 20124 (commonly re-
5 ferred to as the ‘‘Culturally Specific Services Pro-
6 gram’’); and
7 (8) $25,000,000 is for grants for outreach and
8 services to underserved populations as authorized
9 under 34 U.S.C. 20123 (commonly referred to as the
10 ‘‘Underserved Program’’):
11 Provided, That a recipient of such funds shall not be subject,
12 as a condition for receiving the funds, to any otherwise-
13 applicable requirement to provide or obtain other Federal
14 or non-Federal funds: Provided further, That such amount
15 is designated by the Congress as being for an emergency
16 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
17 anced Budget and Emergency Deficit Control Act of 1985.
18 OFFICE OF JUSTICE PROGRAMS
19 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
20 For an additional amount for ‘‘State and Local Law
21 Enforcement Assistance’’, $250,000,000, to remain avail-
22 able until expended, for offender reentry programs and re-
23 search, as authorized by the Second Chance Act of 2007
24 (Public Law 110–199) and by the Second Chance Reauthor-
25 ization Act of 2018 (Public Law 115–391), without regard
•HR 925 EAH
23
1 to the time limitations specified at section 6(1) of such Act,
2 to prevent, prepare for, and respond to coronavirus: Pro-
3 vided, That a recipient of funds made available under this
4 heading in this Act shall not be subject, as a condition for
5 receiving the funds, to any otherwise-applicable require-
6 ment to provide or obtain other Federal or non-Federal
7 funds: Provided further, That such amount is designated
8 by the Congress as being for an emergency requirement pur-
9 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
10 Emergency Deficit Control Act of 1985.
11 For an additional amount for ‘‘State and Local Law
12 Enforcement Assistance’’, $600,000,000, to remain avail-
13 able until expended, for grants, contracts, cooperative agree-
14 ments, and other assistance as authorized by the Pandemic
15 Justice Response Act (title II of division T of this Act, re-
16 ferred to in this paragraph as ‘‘the Act’’): Provided, That
17 $500,000,000 is to establish and implement policies and
18 procedures to prevent, detect, and stop the presence and
19 spread of COVID–19 among arrestees, detainees, inmates,
20 correctional facility staff, and visitors to the facilities; and
21 for pretrial citation and release grants, as authorized by
22 the Act: Provided further, That $25,000,000 is for Rapid
23 COVID–19 Testing, as authorized by the Act: Provided fur-
24 ther, That $75,000,000 is for grants for Juvenile Specific
25 Services, as authorized by the Act: Provided further, That
•HR 925 EAH
24
1 a recipient of funds made available under this heading in
2 this Act shall not be subject, as a condition for receiving
3 the funds, to any otherwise-applicable requirement to pro-
4 vide or obtain other Federal or non-Federal funds: Provided
5 further, That such amount is designated by the Congress
6 as being for an emergency requirement pursuant to section
7 251(b)(2)(A)(i) of the Balanced Budget and Emergency
8 Deficit Control Act of 1985.
9 JUVENILE JUSTICE PROGRAMS
10 For an additional amount for ‘‘Juvenile Justice Pro-
11 grams’’, $100,000,000, to remain available until expended,
12 to prevent, prepare for, and respond to coronavirus, of
13 which $50,000,000 shall be for juvenile justice programs au-
14 thorized by section 221 of the Juvenile Justice and Delin-
15 quency Prevention Act of 1974, and $50,000,000 shall be
16 for programs authorized by the Victims of Child Abuse Act
17 of 1990: Provided, That funds made available under this
18 heading in this Act shall be made available without any
19 otherwise applicable requirement that a recipient of such
20 funds provide any other Federal funds, or any non-Federal
21 funds, as a condition for receiving the funds made available
22 under such heading: Provided further, That such amount
23 is designated by the Congress as being for an emergency
24 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
25 anced Budget and Emergency Deficit Control Act of 1985.
•HR 925 EAH
25
1 SCIENCE
2 NATIONAL SCIENCE FOUNDATION
3 RESEARCH AND RELATED ACTIVITIES
4 (INCLUDING TRANSFER OF FUNDS)
5 For an additional amount for ‘‘Research and Related
6 Activities’’, $2,587,000,000, to remain available until Sep-
7 tember 30, 2022, to prevent, prepare for, and respond to
8 coronavirus, including to fund research grants: Provided,
9 That up to $2,537,000,000 shall be for necessary expenses,
10 including extensions of existing research grants, cooperative
11 agreements, scholarships, fellowships, and apprenticeships:
12 Provided further, That $1,000,000 shall be for a study on
13 the spread of COVID–19 related disinformation, as de-
14 scribed in section 204 of this Act: Provided further, That,
15 of the amount appropriated under this heading in this Act,
16 up to 2 percent of funds may be transferred to the ‘‘Agency
17 Operations and Award Management’’ account for manage-
18 ment, administration, and oversight of funds provided
19 under this heading in this Act: Provided further, That such
20 transfer authority is in addition to any other transfer au-
21 thority provided by law: Provided further, That such
22 amount is designated by the Congress as being for an emer-
23 gency requirement pursuant to section 251(b)(2)(A)(i) of
24 the Balanced Budget and Emergency Deficit Control Act
25 of 1985.
•HR 925 EAH
26
1 EDUCATION AND HUMAN RESOURCES
2 For an additional amount for ‘‘Education and
3 Human Resources’’, $300,000,000, to remain available
4 until September 30, 2022, to prevent, prepare for, and re-
5 spond to coronavirus, including extensions of existing re-
6 search grants, cooperative agreements, scholarships, fellow-
7 ships, and apprenticeships: Provided, That, of the amount
8 appropriated under this heading in this Act, up to 2 per-
9 cent of funds may be transferred to the ‘‘Agency Operations
10 and Award Management’’ account for management, admin-
11 istration, and oversight of funds provided under this head-
12 ing in this Act: Provided further, That such transfer author-
13 ity is in addition to any other transfer authority provided
14 by law: Provided further, That such amount is designated
15 by the Congress as being for an emergency requirement pur-
16 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
17 Emergency Deficit Control Act of 1985.
18 ADMINISTRATIVE PROVISION—SCIENCE
19 STUDY ON COVID–19 DISINFORMATION
20 SEC. 204. (a) STUDY.—No later than 30 days after
21 the date of enactment of this Act, the Director of the Na-
22 tional Science Foundation shall enter into an arrangement
23 with the National Academies of Science, Engineering, and
24 Medicine (National Academies) to conduct a study on the
25 current understanding of the spread of COVID–19-related
•HR 925 EAH
27
1 disinformation on the internet and social media platforms.
2 The study shall address the following:
3 (1) the role disinformation and misinformation
4 has played in the public response to COVID–19;
5 (2) the sources of COVID–19-related
6 disinformation—both foreign and domestic—and the
7 mechanisms by which that disinformation influences
8 the public debate;
9 (3) the role social media plays in the dissemina-
10 tion and promotion of COVID–19 disinformation and
11 misinformation content and the role social media
12 platforms play in the organization of groups seeking
13 to spread COVID–19 disinformation;
14 (4) the potential financial returns for creators or
15 distributors of COVID–19 disinformation, and the
16 role such financial incentives play in the propagation
17 of COVID–19 disinformation;
18 (5) potential strategies to mitigate the dissemi-
19 nation and negative impacts of COVID–19
20 disinformation, including specifically, the dissemina-
21 tion of disinformation on social media, including
22 through improved disclosures; and
23 (6) an analysis of the limitations of these miti-
24 gation strategies, and an analysis of how these strate-
•HR 925 EAH
28
1 gies can be implemented without infringing on Amer-
2 icans’ Constitutional rights and civil liberties.
3 (b) REPORT.—In entering into an arrangement under
4 this section, the Director shall request that the National
5 Academies transmit to Congress a report on the results of
6 the study not later than 12 months after the date of enact-
7 ment of this Act.
8 (c) AUTHORIZATION.—There is authorized to be appro-
9 priated for the purposes of conducting the study in this sec-
10 tion $1,000,000.
11 RELATED AGENCIES
12 LEGAL SERVICES CORPORATION
13 PAYMENT TO THE LEGAL SERVICES CORPORATION
14 For an additional amount for ‘‘Payment to the Legal
15 Services Corporation’’, $100,000,000, for the same purposes
16 and subject to the same conditions as the appropriations
17 for fiscal year 2020 under this heading in title II of division
18 B of the CARES Act (Public Law 116–136): Provided, That
19 such amount is designated by the Congress as being for an
20 emergency requirement pursuant to section 251(b)(2)(A)(i)
21 of the Balanced Budget and Emergency Deficit Control Act
22 of 1985.
•HR 925 EAH
29
1 TITLE III
2 DEPARTMENT OF DEFENSE
3 OPERATION AND MAINTENANCE
4 OPERATION AND MAINTENANCE, ARMY
5 For an additional amount for ‘‘Operation and Mainte-
6 nance, Army’’, $100,000,000, to prevent, prepare for, and
7 respond to coronavirus, domestically or internationally:
8 Provided, That such amount is designated by the Congress
9 as being for an emergency requirement pursuant to section
10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12 OPERATION AND MAINTENANCE, NAVY
13 For an additional amount for ‘‘Operation and Mainte-
14 nance, Navy’’, $100,000,000, to prevent, prepare for, and
15 respond to coronavirus, domestically or internationally:
16 Provided, That such amount is designated by the Congress
17 as being for an emergency requirement pursuant to section
18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20 OPERATION AND MAINTENANCE, MARINE CORPS
21 For an additional amount for ‘‘Operation and Mainte-
22 nance, Marine Corps’’, $10,000,000, to prevent, prepare for,
23 and respond to coronavirus, domestically or internation-
24 ally: Provided, That such amount is designated by the Con-
25 gress as being for an emergency requirement pursuant to
•HR 925 EAH
30
1 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
2 gency Deficit Control Act of 1985.
3 OPERATION AND MAINTENANCE, AIR FORCE
4 For an additional amount for ‘‘Operation and Mainte-
5 nance, Air Force’’, $100,000,000, to prevent, prepare for,
6 and respond to coronavirus, domestically or internation-
7 ally: Provided, That such amount is designated by the Con-
8 gress as being for an emergency requirement pursuant to
9 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
10 gency Deficit Control Act of 1985.
11 OPERATION AND MAINTENANCE, DEFENSE-WIDE
12 For an additional amount for ‘‘Operation and Mainte-
13 nance, Defense-Wide’’, $10,000,000, to prevent, prepare for,
14 and respond to coronavirus, domestically or internation-
15 ally: Provided, That such amount is designated by the Con-
16 gress as being for an emergency requirement pursuant to
17 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
18 gency Deficit Control Act of 1985.
19 OTHER DEPARTMENT OF DEFENSE PROGRAMS
20 DEFENSE HEALTH PROGRAM
21 For an additional amount for ‘‘Defense Health Pro-
22 gram’’, $705,000,000, of which $175,000,000 shall be for op-
23 eration and maintenance, and $530,000,000 shall be for re-
24 search, development, test and evaluation, to prevent, pre-
25 pare for, and respond to coronavirus, domestically or inter-
•HR 925 EAH
31
1 nationally: Provided, That prior to the obligation of such
2 funds the Assistant Secretary of Defense (Health Affairs)
3 shall submit to the Committees on Appropriations of the
4 House of Representatives and the Senate a spend plan on
5 the use of funds made available under this heading in this
6 Act: Provided further, That such amount is designated by
7 the Congress as being for an emergency requirement pursu-
8 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 GENERAL PROVISIONS—THIS TITLE
11 SEC. 301. For an additional amount for ‘‘Operation
12 and Maintenance, Army’’, $400,000,000, to prevent, pre-
13 pare for, and respond to coronavirus, domestically or inter-
14 nationally: Provided, That such amount shall be used for
15 necessary expenses, including salaries, cleaning, utilities
16 and personal protective equipment, for recreational entities,
17 childcare development centers and other entities affected by
18 the coronavirus that derive funding from non-appropriated
19 accounts: Provided, That prior to the obligation of such
20 funds the Secretary of the Army shall submit to the Com-
21 mittees on Appropriations of the House of Representatives
22 and the Senate a spend plan on the use of funds made avail-
23 able by this section: Provided further, That such amount
24 is designated by the Congress as being for an emergency
•HR 925 EAH
32
1 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
2 anced Budget and Emergency Deficit Control Act of 1985.
3 SEC. 302. For an additional amount for ‘‘Operation
4 and Maintenance, Navy’’, $400,000,000, to prevent, prepare
5 for, and respond to coronavirus, domestically or inter-
6 nationally: Provided, That such amount shall be used for
7 necessary expenses, including salaries, cleaning, utilities
8 and personal protective equipment, for recreational entities,
9 childcare development centers and other entities affected by
10 the coronavirus that derive funding from non-appropriated
11 accounts: Provided, That prior to the obligation of such
12 funds the Secretary of the Navy shall submit to the Commit-
13 tees on Appropriations of the House of Representatives and
14 the Senate a spend plan on the use of funds made available
15 by this section: Provided further, That such amount is des-
16 ignated by the Congress as being for an emergency require-
17 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
18 Budget and Emergency Deficit Control Act of 1985.
19 SEC. 303. For an additional amount for ‘‘Operation
20 and Maintenance, Air Force’’, $500,000,000, to prevent,
21 prepare for, and respond to coronavirus, domestically or
22 internationally: Provided, That such amount shall be used
23 for necessary expenses, including salaries, cleaning, utilities
24 and personal protective equipment, for recreational entities,
25 childcare development centers and other entities affected by
•HR 925 EAH
33
1 the coronavirus that derive funding from non-appropriated
2 accounts: Provided, That prior to the obligation of such
3 funds the Secretary of the Air Force shall submit to the
4 Committees on Appropriations of the House of Representa-
5 tives and the Senate a spend plan on the use of funds made
6 available by this section: Provided further, That such
7 amount is designated by the Congress as being for an emer-
8 gency requirement pursuant to section 251(b)(2)(A)(i) of
9 the Balanced Budget and Emergency Deficit Control Act
10 of 1985.
11 SEC. 304. For an additional amount for ‘‘Operation
12 and Maintenance, Marine Corps’’, $100,000,000, to prevent,
13 prepare for, and respond to coronavirus, domestically or
14 internationally: Provided, That such amount shall be used
15 for necessary expenses, including salaries, cleaning, utilities
16 and personal protective equipment, for recreational entities,
17 childcare development centers and other entities affected by
18 the coronavirus that derive funding from non-appropriated
19 accounts: Provided, That prior to the obligation of such
20 funds the Secretary of the Navy shall submit to the Commit-
21 tees on Appropriations of the House of Representatives and
22 the Senate a spend plan on the use of funds made available
23 by this section: Provided further, That such amount is des-
24 ignated by the Congress as being for an emergency require-
•HR 925 EAH
34
1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
2 Budget and Emergency Deficit Control Act of 1985.
3 TITLE IV
4 ENERGY AND WATER
5 DEPARTMENT OF THE INTERIOR
6 BUREAU OF RECLAMATION
7 WATER AND RELATED RESOURCES
8 For an additional amount for ‘‘Water and Related Re-
9 sources’’, $7,000,000, to prevent, prepare for, and respond
10 to coronavirus, domestically or internationally: Provided,
11 That such amount is designated by the Congress as being
12 for an emergency requirement pursuant to section
13 251(b)(2)(A)(i) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15 DEPARTMENT OF ENERGY
16 ENERGY PROGRAMS
17 SCIENCE
18 For an additional amount for ‘‘Science’’,
19 $143,000,000, for necessary expenses to offset the costs of
20 impacts due to the coronavirus pandemic or public health
21 measures related to the coronavirus pandemic for the fol-
22 lowing projects:
23 (1) Core Facility Revitalization,
24 (2) Large Synoptic Survey Telescope Camera,
25 (3) Linac Coherent Light Source II,
•HR 925 EAH
35
1 (4) Muon to Electron Conversion Experiment,
2 and
3 (5) Super Cryogenic Dark Matter Search:
4 Provided,That such amount is designated by the Congress
5 as being for an emergency requirement pursuant to section
6 251(b)(2)(A)(i) of the Balanced Budget and Emergency
7 Deficit Control Act of 1985.
8 DEPARTMENTAL ADMINISTRATION
9 For an additional amount for ‘‘Departmental Admin-
10 istration’’, $1,300,000, to prevent, prepare for, and respond
11 to coronavirus, domestically or internationally, including
12 for necessary expenses related to personal protective equip-
13 ment: Provided,That such amount is designated by the Con-
14 gress as being for an emergency requirement pursuant to
15 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
16 gency Deficit Control Act of 1985.
17 GENERAL PROVISIONS—THIS TITLE
18 SEC. 401. Funds appropriated in this title may be
19 made available to restore amounts, either directly or
20 through reimbursement, for obligations incurred for the
21 same purposes to prevent, prepare for, and respond to
22 coronavirus prior to the date of enactment of this Act.
23 SEC. 402. (a) Requirements relating to non-Federal
24 cost-share grants and cooperative agreements for the Delta
25 Regional Authority under section 382D of the Agricultural
•HR 925 EAH
36
1 Act of 1961 and Consolidated Farm and Rural Develop-
2 ment Act (7 U.S.C. 2009aa—3) are waived for grants
3 awarded in fiscal year 2020 and in subsequent years in
4 response to economic distress directly related to the impacts
5 of the Coronavirus Disease (COVID-19).
6 (b) Requirements relating to non-Federal cost-share
7 grants and cooperative agreements for the Northern Border
8 Regional Commission under section 15501(d) of title 40,
9 United States Code, are waived for grants awarded in fiscal
10 year 2020 and in subsequent years in response to economic
11 distress directly related to the impacts of the Coronavirus
12 Disease (COVID-19).
13 (c) Requirements relating to non-Federal cost-share
14 grants and cooperative agreements for the Denali Commis-
15 sion are waived for grants awarded in fiscal year 2020 and
16 in subsequent years in response to economic distress directly
17 related to the impacts of the Coronavirus Disease (COVID-
18 19).
19 (d) Amounts repurposed pursuant to this section that
20 were previously designated by the Congress as an emergency
21 requirement pursuant to the Balanced Budget and Emer-
22 gency Deficit Control Act of 1985 are designated by the
23 Congress as an emergency requirement pursuant to section
24 251(b)(2)(A)(i) of the Balanced Budget and Emergency
25 Deficit Control Act of 1985.
•HR 925 EAH
37
1 TITLE V
2 FINANCIAL SERVICES AND GENERAL
3 GOVERNMENT
4 DEPARTMENT OF THE TREASURY
5 DEPARTMENTAL OFFICES
6 OFFICE OF INSPECTOR GENERAL
7 SALARIES AND EXPENSES
8 For an additional amount for ‘‘Salaries and Ex-
9 penses’’, $35,000,000, to remain available until expended,
10 to conduct monitoring and oversight of the receipt, disburse-
11 ment, and use of funds made available under the
12 ‘‘Coronavirus State Fiscal Relief Fund’’ and the
13 ‘‘Coronavirus Local Fiscal Relief Fund’’ (collectively, ‘‘Fis-
14 cal Relief Funds’’): Provided, That, if the Inspector General
15 of the Department of the Treasury determines that an entity
16 receiving a payment from amounts provided by the Fiscal
17 Relief Funds has failed to comply with the provisions gov-
18 erning the use of such funding, the Inspector General shall
19 transmit any relevant information related to such deter-
20 mination to the Committees on Appropriations of the House
21 of Representatives and the Senate not later than 5 days
22 after any such determination is made: Provided further,
23 That such amount is designated by the Congress as being
24 for an emergency requirement pursuant to section
•HR 925 EAH
38
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
4 SALARIES AND EXPENSES
5 For an additional amount for ‘‘Salaries and Ex-
6 penses’’, $2,500,000, to remain available until expended, to
7 prevent, prepare for, and respond to coronavirus, domesti-
8 cally or internationally: Provided, That such amount is
9 designated by the Congress as being for an emergency re-
10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
11 anced Budget and Emergency Deficit Control Act of 1985.
12 HOMEOWNER ASSISTANCE FUND
13 For activities and assistance authorized in section 202
14 of division O of this Act, $21,000,000,000, to remain avail-
15 able until expended: Provided, That such amount is des-
16 ignated by the Congress as being for an emergency require-
17 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
18 Budget and Emergency Deficit Control Act of 1985.
19 CORONAVIRUS STATE FISCAL RELIEF FUND
20 For making payments to States, territories, and Tribal
21 governments to mitigate the fiscal effects stemming from the
22 public health emergency with respect to the Coronavirus
23 Disease (COVID–19), $257,000,000,000 to remain available
24 until expended, which shall be in addition to any other
25 amounts available for making payments to States, terri-
•HR 925 EAH
39
1 tories, and Tribal governments for any purpose (including
2 payments made under section 601 of the Social Security
3 Act), of which:
4 (1) $9,500,000,000 shall be for making pay-
5 ments to the Commonwealth of Puerto Rico,
6 United States Virgin Islands, Guam, Common-
7 wealth of the Northern Mariana Islands, and
8 American Samoa: Provided, That of the amount
9 made available in this paragraph, half shall be
10 allocated equally among each entity specified in
11 this paragraph, and half shall be allocated as an
12 additional amount to each such entity in an
13 amount which bears the same proportion to half
14 of the total amount provided under this para-
15 graph as the relative population of each such en-
16 tity bears to the total population of all such enti-
17 ties;
18 (2) $9,500,000,000 shall be for making pay-
19 ments to Tribal governments, of which—
20 (A) $1,000,000,000 shall be allocated
21 equally between each Tribal government;
22 and
23 (B) $8,500,000,000 shall be allocated
24 as an additional amount to each Tribal
25 government in an amount determined by
•HR 925 EAH
40
1 the Secretary of the Treasury, in consulta-
2 tion with the Secretary of the Interior and
3 Tribal governments, that is based on in-
4 creased aggregate expenditures of each such
5 Tribal government (or a tribally-owned en-
6 tity of such Tribal government) in fiscal
7 year 2020 relative to aggregate expenditures
8 in fiscal year 2019 by the Tribal govern-
9 ment (or tribally-owned entity) and deter-
10 mined in such manner as the Secretary de-
11 termines appropriate to ensure that all
12 amounts available pursuant to this sub-
13 paragraph are distributed to Tribal govern-
14 ments:
15 Provided, That not later than 24 hours before
16 any payments for Tribal governments are dis-
17 tributed by the Secretary of the Treasury pursu-
18 ant to this paragraph, the Secretary of the
19 Treasury shall publish on the website of the De-
20 partment of the Treasury a detailed description
21 of the funding allocation formulas used pursuant
22 to this paragraph, and a detailed description of
23 the procedure and methodology used to determine
24 such funding allocation formula: Provided Fur-
25 ther, That not later than 7 days after any pay-
•HR 925 EAH
41
1 ments for Tribal governments are so distributed,
2 the Secretary shall publish on the website of the
3 Department of the Treasury the date and
4 amount of all fund disbursements, broken down
5 by individual Tribal government recipient; and
6 (3) $238,000,000,000 shall be for making pay-
7 ments to each of the 50 States and the District of Co-
8 lumbia, of which—
9 (A) an amount equal to $1,250,000,000 less
10 the amount allocated for the District of Colum-
11 bia pursuant to section 601(c)(6) of the Social
12 Security Act, shall only be for payment to the
13 District of Columbia, in addition to any other
14 funding available for such purpose (including
15 payments under subparagraph (B) of this para-
16 graph): Provided, That the Secretary of the
17 Treasury shall pay all amounts provided by this
18 section directly to the District of Columbia not
19 less than 5 days after the date of enactment of
20 this Act; and
21 (B) the remainder shall be allocated between
22 each such entity in an amount which bears the
23 same proportion to the total amount provided
24 under this paragraph as the average estimated
25 number of seasonally-adjusted unemployed indi-
•HR 925 EAH
42
1 viduals (as measured by the Bureau of Labor
2 Statistics Local Area Unemployment Statistics
3 program) in each such entity in August 2020
4 bears to the average estimated number of season-
5 ally-adjusted unemployed individuals in all such
6 entities: Provided, That the Secretary of the
7 Treasury shall adjust, on a pro rata basis, the
8 amount allocated to each such entity pursuant to
9 the matter preceding this proviso in this para-
10 graph to the extent necessary to ensure a min-
11 imum payment of $500,000,000 to each such en-
12 tity:
13 Provided, That any entity receiving a payment from funds
14 made available under this heading in this Act shall only
15 use such amounts to respond to, mitigate, cover costs or re-
16 place foregone revenues not projected on January 31, 2020
17 stemming from the public health emergency, or its negative
18 economic impacts, with respect to the Coronavirus Disease
19 (COVID–19): Provided further, That if the Inspector Gen-
20 eral of the Department of the Treasury determines that an
21 entity receiving a payment from amounts provided under
22 this heading has failed to comply with the preceding pro-
23 viso, the amount equal to the amount of funds used in viola-
24 tion of such proviso shall be booked as a debt of such entity
25 owed to the Federal Government, and any amounts recov-
•HR 925 EAH
43
1 ered shall be deposited into the general fund of the Treasury
2 as discretionary offsetting receipts: Provided further, That
3 for purposes of the preceding provisos under this heading
4 in this Act, the population of each entity described in any
5 such proviso shall be determined based on the most recent
6 year for which data are available from the Bureau of the
7 Census, or in the case of an Indian tribe, shall be deter-
8 mined based on data certified by the Tribal government:
9 Provided further, That an entity receiving a payment from
10 amounts provided under this heading may transfer funds
11 to a private nonprofit organization (as that term is defined
12 in paragraph (17) of section 401 of the McKinney-Vento
13 Homeless Assistance Act (42 U.S.C. 11360(17)), or to a spe-
14 cial-purpose unit of local government or a multi-state entity
15 involved in the transportation of passengers or cargo: Pro-
16 vided further, That as used under this heading in this Act,
17 the term ‘‘Tribal government’’ has the same meaning as
18 specified in section 601(g) of the Social Security Act (42
19 U.S.C. 601(g)), as added by section 5001 of the CARES
20 Act (Public Law 116–136) and amended by section 201 of
21 division U of this Act, and the term ‘‘State’’ means one
22 of the 50 States: Provided further, That the Secretary of
23 Treasury shall make all payments prescribed under this
24 heading in this Act not later than 30 days after the date
25 of enactment of this Act: Provided further, That such
•HR 925 EAH
44
1 amount is designated by the Congress as being for an emer-
2 gency requirement pursuant to section 251(b)(2)(A)(i) of
3 the Balanced Budget and Emergency Deficit Control Act
4 of 1985.
5 CORONAVIRUS LOCAL FISCAL RELIEF FUND
6 For making payments to metropolitan cities, counties,
7 and other units of general local government to mitigate the
8 fiscal effects stemming from the public health emergency
9 with respect to the Coronavirus Disease (COVID–19),
10 $179,000,000,000, to remain available until expended,
11 which shall be in addition to any other amounts available
12 for making payments to metropolitan cities, counties, and
13 other units of general local government (including pay-
14 ments made under section 601 of the Social Security Act),
15 of which—
16 (1) $89,500,000,000 shall be for making pay-
17 ments to metropolitan cities and other units of gen-
18 eral local government (as those terms are defined in
19 section 102 of the Housing and Community Develop-
20 ment Act of 1974 (42 U.S.C. 5302)), of which—
21 (A) $62,650,000,000 shall be allocated pur-
22 suant to the formula under section 106(b)(1) of
23 the Housing and Community Development Act of
24 1974 (42 U.S.C. 5306(b)(1)) to metropolitan cit-
25 ies (as defined in section 102(a)(4) of such Act
•HR 925 EAH
45
1 (42 U.S.C. 5302(a)(4)), including metropolitan
2 cities that have relinquished or deferred their
3 status as a metropolitan city as of the date of en-
4 actment of this Act; and
5 (B) $26,850,000,000 shall be distributed to
6 each State (as that term is defined in section 102
7 of the Housing and Community Development Act
8 of 1974 (42 U.S.C. 5302)) for use by units of
9 general local government, other than counties or
10 parishes, in nonentitlement areas (as defined in
11 such section 102) of such States in an amount
12 which bears the same proportion to the total
13 amount provided under this subparagraph as the
14 total population of such units of general local
15 government within the State bears to the total
16 population of all such units of general local gov-
17 ernment in all such States: Provided, That a
18 State shall pass-through the amounts received
19 under this subparagraph, within 30 days of re-
20 ceipt, to each such unit of general local govern-
21 ment in an amount that bears the same propor-
22 tion to the amount distributed to each such State
23 as the population of such unit of general local
24 government bears to the total population of all
25 such units of general local government within
•HR 925 EAH
46
1 each such State: Provided further, That if a
2 State has not elected to distribute amounts allo-
3 cated under this paragraph, the Secretary of the
4 Treasury shall pay the applicable amounts
5 under this subparagraph to such units of general
6 local government in the State not later than 30
7 days after the date on which the State would oth-
8 erwise have received the amounts from the Sec-
9 retary; and
10 (2) $89,500,000,000 shall be paid directly to
11 counties within the 50 States, the District of Colum-
12 bia, the Commonwealth of Puerto Rico, the United
13 States Virgin Islands, Guam, the Commonwealth of
14 the Northern Mariana Islands, and American Samoa
15 in an amount which bears the same proportion to the
16 total amount provided under this paragraph as the
17 relative population of each such county bears to the
18 total population of all such entities: Provided, That
19 no county that is an ‘‘urban county’’ (as defined in
20 section 102 of the Housing and Community Develop-
21 ment Act of 1974 (42 U.S.C. 5302)) shall receive less
22 than the amount the county would otherwise receive
23 if the amount distributed under this paragraph were
24 allocated to metropolitan cities and urban counties
25 under section 106(b) of the Housing and Community
•HR 925 EAH
47
1 Development Act of 1974 (42 U.S.C. 5306(b)): Pro-
2 vided further, That in the case of an amount to be
3 paid to a county that is not a unit of general local
4 government, the amount shall instead be paid to the
5 State in which such county is located, and such State
6 shall distribute such amount to units of general local
7 government within such county in an amounts that
8 bear the same proportion as the population of such
9 units of general local government bear to the total
10 population of such county: Provided further, That for
11 purposes of this paragraph, the District of Columbia
12 shall be considered to consist of a single county that
13 is a unit of general local government:
14 Provided further, That any entity receiving a payment
15 from funds made available under this heading in this Act
16 shall only use such amounts to respond to, mitigate, cover
17 costs or replace foregone revenues not projected on January
18 31, 2020 stemming from the public health emergency, or
19 its negative economic impacts, with respect to the
20 Coronavirus Disease (COVID–19): Provided further, That
21 if the Inspector General of the Department of the Treasury
22 determines that an entity receiving a payment from
23 amounts provided under this heading has failed to comply
24 with the preceding proviso, the amount equal to the amount
25 of funds used in violation of such proviso shall be booked
•HR 925 EAH
48
1 as a debt of such entity owed to the Federal Government,
2 and any amounts recovered shall be deposited into the gen-
3 eral fund of the Treasury as discretionary offsetting re-
4 ceipts: Provided further, That for purposes of the preceding
5 provisos under this heading in this Act, the population of
6 each entity described in any such proviso shall be deter-
7 mined based on the most recent year for which data are
8 available from the Bureau of the Census, or in the case of
9 an Indian tribe, shall be determined based on data certified
10 by the Tribal government: Provided further, That an entity
11 receiving a payment from amounts provided under this
12 heading may transfer funds to a private nonprofit organi-
13 zation (as that term is defined in paragraph (17) of section
14 401 of the McKinney-Vento Homeless Assistance Act (42
15 U.S.C. 11360(17)), or to a special-purpose unit of local gov-
16 ernment or a multi-state entity involved in the transpor-
17 tation of passengers or cargo: Provided further, That noth-
18 ing in paragraph (1) or (2) shall be construed as prohib-
19 iting a unit of general local government that has formed
20 a consolidated government, or that is geographically con-
21 tained (in full or in part) within the boundaries of another
22 unit of general local government from receiving a distribu-
23 tion under each of subparagraphs (A) and (B) under para-
24 graph (1) or under paragraph (2), as applicable, based on
25 the respective formulas specified contained therein: Pro-
•HR 925 EAH
49
1 vided further, That the amounts otherwise determined for
2 distribution to units of local government under each of sub-
3 paragraphs (A) and (B) under paragraph (1) and under
4 paragraph (2) shall each be adjusted by the Secretary of
5 the Treasury on a pro rata basis to the extent necessary
6 to comply with the amount appropriated and the require-
7 ments specified in each paragraph and subparagraph, as
8 applicable: Provided further, That as used under this head-
9 ing in this Act, the term ‘‘county’’ means a county, parish,
10 or other equivalent county division (as defined by the Bu-
11 reau of the Census): Provided further, That for purposes of
12 the preceding provisos under this heading in this Act, the
13 population of an entity shall be determined based on the
14 most recent year for which data are available from the Bu-
15 reau of the Census: Provided further, That such amount is
16 designated by Congress as being for an emergency require-
17 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
18 Budget and Emergency Deficit Control Act of 1985.
19 COVID-19 MULTI-STATE AGENCY FISCAL RELIEF FUND
20 For making payments to multi-State entities that are
21 involved in the transportation of passengers or cargo and
22 are suffering revenue losses due to the Coronavirus Disease
23 2019 (COVID–19) pandemic, $100,000,000, to remain
24 available until expended, which shall be in addition to any
25 other amounts available for making payments to States,
•HR 925 EAH
50
1 metropolitan cities, counties, and other units of state and
2 general local government (including payments made under
3 section 601 of the Social Security Act), and which shall be
4 paid directly to multi-State entities (as that term is used
5 in 15 U.S.C. 9041(10)(D)) for use by multi-State entities:
6 Provided, That the funds provided under this paragraph
7 shall be allocated to a multi-State entity that is an eligible
8 issuer and multi-State entity under the terms set forth by
9 the Federal Reserve on June 3, 2020 for the Municipal Li-
10 quidity Facility established by the Board of Governors of
11 the Federal Reserve System: Provided further, That such
12 amounts shall be allocated by the Secretary of the Treasury
13 proportionally to each multi-State entity covered under this
14 paragraph based on an amount equal to the product ob-
15 tained by multiplying the total amount appropriated to the
16 Secretary under this paragraph and the quotient obtained
17 by dividing—
18 (1) the total gross operating revenue of the multi-
19 State entity receiving funds for fiscal year 2018; by
20 (2) the total gross operating revenue for fiscal
21 year 2018 of all multi-State entities that are eligible
22 to receive funds under this paragraph:
23 Provided further, That neither a State nor local government
24 may serve as a pass-through for any amounts received by
25 a multi-State entity: Provided further, That such sums shall
•HR 925 EAH
51
1 be distributed directly by the Secretary to each multi-State
2 entity not later than December 31, 2020: Provided further,
3 That such amount is designated by the Congress as being
4 for an emergency requirement pursuant to section
5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985.
7 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
8 FUND PROGRAM ACCOUNT
9 For an additional amount for the ‘‘Community Devel-
10 opment Financial Institutions Fund Program Account’’,
11 $1,000,000,000, to prevent, prepare for, and respond to
12 coronavirus, domestically or internationally: Provided,
13 That the Community Development Financial Institutions
14 Fund (CDFI) shall provide grants using a formula that
15 takes into account criteria such as certification status, fi-
16 nancial and compliance performance, portfolio and balance
17 sheet strength, and program capacity: Provided further,
18 That not less than $25,000,000 shall be for financial assist-
19 ance, technical assistance, and training and outreach pro-
20 grams designed to benefit Native American, Native Hawai-
21 ian, and Alaska Native communities: Provided further,
22 That the CDFI Fund shall make funds provided under this
23 heading in this Act available to grantees not later than 60
24 days after the date of enactment of this Act: Provided fur-
25 ther, That funds made available under this heading may
•HR 925 EAH
52
1 be used for administrative expenses, including administra-
2 tion of CDFI Fund programs and the New Markets Tax
3 Credit Program: Provided further, That such amount is des-
4 ignated by the Congress as being for an emergency require-
5 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
6 Budget and Emergency Deficit Control Act of 1985.
7 ADMINISTRATIVE PROVISION—INTERNAL REVENUE
8 SERVICE
9 (INCLUDING TRANSFER OF FUNDS)
10 SEC. 501. For an additional amount for fiscal year
11 2021, and in addition to the amounts otherwise available
12 to the Internal Revenue Service for the purposes specified
13 in this section, $359,000,000, to prevent, prepare for, and
14 respond to coronavirus, including for costs associated with
15 the extended filing season: Provided, That such funds may
16 be transferred by the Commissioner to the ‘‘Taxpayer Serv-
17 ices’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ accounts of
18 the Internal Revenue Service for an additional amount to
19 be used solely to prevent, prepare for, and respond to
20 coronavirus, domestically or internationally: Provided fur-
21 ther, That the Committees on Appropriations of the House
22 of Representatives and the Senate shall be notified in ad-
23 vance of any such transfer: Provided further, That such
24 transfer authority is in addition to any other transfer au-
25 thority provided by law: Provided further, That not later
•HR 925 EAH
53
1 than 30 days after the date of enactment of this Act, the
2 Commissioner shall submit to the Committees on Appro-
3 priations of the House of Representatives and the Senate
4 a spending plan and subsequent quarterly reports detailing
5 the actual and expected expenditures of such funds: Pro-
6 vided further, That such amount is designated by the Con-
7 gress as being for an emergency requirement pursuant to
8 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
9 gency Deficit Control Act of 1985.
10 THE JUDICIARY
11 COURT OF APPEALS, DISTRICT COURTS, AND OTHER
12 JUDICIAL SERVICES
13 SALARIES AND EXPENSES
14 For an additional amount for ‘‘Salaries and Ex-
15 penses’’, $25,000,000, to prevent, prepare for, and respond
16 to coronavirus, domestically or internationally: Provided,
17 That such amount is designated by the Congress as being
18 for an emergency requirement pursuant to section
19 251(b)(2)(A)(i) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
•HR 925 EAH
54
1 INDEPENDENT AGENCIES
2 ELECTION ASSISTANCE COMMISSION
3 ELECTION RESILIENCE GRANTS
4 (INCLUDING TRANSFER OF FUNDS)
5 For an additional amount for payments by the Elec-
6 tion Assistance Commission to States for contingency plan-
7 ning, preparation, and resilience of elections for Federal of-
8 fice, $3,600,000,000: Provided, That of the amount provided
9 under this heading, up to $5,000,000 may be transferred
10 to and merged with ‘‘Election Assistance Commission—Sal-
11 aries and Expenses’’: Provided further, That such transfer
12 authority is in addition to any other transfer authority
13 provided by law: Provided further, That under this heading
14 the term ‘‘State’’ means each of the 50 States, the District
15 of Columbia, the Commonwealth of Puerto Rico, Guam,
16 American Samoa, the United States Virgin Islands, and
17 the Commonwealth of the Northern Mariana Islands: Pro-
18 vided further, That the amount of the payments made to
19 a State under this heading shall be consistent with sections
20 101(d) and 103 of the Help America Vote Act of 2002 (52
21 U.S.C. 20903): Provided further, That not later than 30
22 days after the date of enactment of this Act, the Election
23 Assistance Commission shall obligate the funds to States
24 under this heading in this Act: Provided further, That not
25 less than 50 percent of the amount of the payment made
•HR 925 EAH
55
1 to a State under this heading in this Act shall be allocated
2 in cash or in kind to the units of local government which
3 are responsible for the administration of elections for Fed-
4 eral office in the State: Provided further, That such amount
5 is designated by the Congress as being for an emergency
6 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
7 anced Budget and Emergency Deficit Control Act of 1985.
8 ADMINISTRATIVE PROVISION—ELECTION ASSISTANCE
9 COMMISSION
10 SEC. 502. (a) The last proviso under the heading
11 ‘‘Election Assistance Commission—Election Security
12 Grants’’ in the Financial Services and General Government
13 Appropriations Act, 2020 (division C of Public Law 116–
14 93; 133 Stat. 2461) shall not apply with respect to any
15 payment made to a State using funds appropriated or oth-
16 erwise made available to the Election Assistance Commis-
17 sion under the Coronavirus Aid, Relief, and Economic Se-
18 curity Act (Public Law 116–136).
19 (b) The first proviso under the heading ‘‘Election As-
20 sistance Commission—Election Security Grants’’ in the
21 Coronavirus Aid, Relief, and Economic Security Act (Pub-
22 lic Law 116–136) is amended by striking ‘‘within 20 days
23 of each election in the 2020 Federal election cycle in that
24 State,’’ and inserting ‘‘not later than October 30, 2021,’’.
•HR 925 EAH
56
1 (c) The fourth proviso under the heading ‘‘Election As-
2 sistance Commission—Election Security Grants’’ in the
3 Coronavirus Aid, Relief, and Economic Security Act (Pub-
4 lic Law 116–136) is amended by striking ‘‘December 31,
5 2020’’ and inserting ‘‘September 30, 2021’’.
6 (d) A State may elect to reallocate funds allocated
7 under the heading ‘‘Election Assistance Commission—Elec-
8 tion Security Grants’’ in the Coronavirus Aid, Relief, and
9 Economic Security Act (Public Law 116–136) or under this
10 heading in this Act as funds allocated under the heading
11 ‘‘Election Assistance Commission—Election Security
12 Grants’’ in the Financial Services and General Government
13 Appropriations Act, 2020 (division C of Public Law 116–
14 93; 133 Stat. 2461) that were spent to prevent, prepare for,
15 and respond to coronavirus, domestically or internation-
16 ally, for the 2020 Federal election cycle; or funds allocated
17 under the heading ‘‘Election Assistance Commission—Elec-
18 tion Reform Program’’ in the Financial Services and Gov-
19 ernment Appropriations Act, 2018 (division E of Public
20 Law 115–141) that were spent to prevent, prepare for, and
21 respond to coronavirus, domestically or internationally, for
22 the 2020 Federal election cycle.
23 (e) This section shall take effect as if included in the
24 enactment of the Coronavirus Aid, Relief, and Economic
25 Security Act (Public Law 116–136).
•HR 925 EAH
57
1 (f) The amounts repurposed pursuant to this section
2 that were previously designated by the Congress as an emer-
3 gency requirement pursuant to the Balanced Budget and
4 Emergency Deficit Control Act of 1985 are designated by
5 the Congress as an emergency requirement pursuant to sec-
6 tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency
7 Deficit Control Act of 1985.
8 FEDERAL COMMUNICATIONS COMMISSION
9 SALARIES AND EXPENSES
10 For an additional amount for ‘‘Salaries and Ex-
11 penses’’, $24,000,000, for implementing title VIII of the
12 Communications Act of 1934 (47 U.S.C. 641 et seq.), as
13 added by the Broadband DATA Act (Public Law 116–130):
14 Provided, That such amount is designated by the Congress
15 as being for an emergency requirement pursuant to section
16 251(b)(2)(A)(i) of the Balanced Budget and Emergency
17 Deficit Control Act of 1985.
18 For an additional amount for ‘‘Salaries and Ex-
19 penses’’, $200,000,000, to remain available until expended,
20 to prevent, prepare for, and respond to coronavirus, domes-
21 tically or internationally, including to support efforts of
22 health care providers to address coronavirus by providing
23 telecommunications services, information services, and de-
24 vices necessary to enable the provision of telehealth services
25 during an emergency period, as defined in section
•HR 925 EAH
58
1 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
2 5(g)(1)): Provided, That the Federal Communications Com-
3 mission may rely on the rules of the Commission under part
4 54 of title 47, Code of Federal Regulations, in admin-
5 istering the amount provided under the heading in this Act
6 if the Commission determines that such administration is
7 in the public interest: Provided further, That up to
8 $4,000,000 shall be used by the Office of Inspector General
9 to audit and conduct investigations of funds made available
10 in this Act or in the Coronavirus Aid, Relief, and Economic
11 Security Act (Public Law 116–136) to the Federal Commu-
12 nications Commission for the provision of telehealth services
13 during an emergency period, and that the Office of Inspec-
14 tor General shall report to the Committees on Appropria-
15 tions of the House of Representatives and the Senate, the
16 Committee on Energy and Commerce of the House of Rep-
17 resentatives, and the Committee on Commerce, Science, and
18 Transportation of the Senate each month, until all emer-
19 gency telehealth funding has been obligated, on the status
20 of approved applications, pending applications, and re-
21 jected applications for such funding, and on recommenda-
22 tions to improve the transparency and fairness of distribu-
23 tion of such funding: Provided further, That such amount
24 is designated by the Congress as being for an emergency
•HR 925 EAH
59
1 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
2 anced Budget and Emergency Deficit Control Act of 1985.
3 EMERGENCY CONNECTIVITY FUND
4 For an additional amount for the ‘‘Emergency
5 Connectivity Fund’’, $12,000,000,000, to remain available
6 until September 30, 2022, to prevent, prepare for, and re-
7 spond to coronavirus, domestically or internationally,
8 through the provision of funding for Wi-fi hotspots, other
9 equipment, connected devices, and advanced telecommuni-
10 cations and information services to schools and libraries as
11 authorized in section 201 of division M of this Act: Pro-
12 vided, That such amount is designated by the Congress as
13 being for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16 EMERGENCY BROADBAND CONNECTIVITY FUND
17 For an additional amount for the ‘‘Emergency
18 Broadband Connectivity Fund’’, $3,000,000,000, to prevent,
19 prepare for, and respond to coronavirus, domestically or
20 internationally, through the provision of an emergency ben-
21 efit for broadband service as authorized in section 301 of
22 division M of this Act: Provided, That such amount is des-
23 ignated by the Congress as being for an emergency require-
24 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
25 Budget and Emergency Deficit Control Act of 1985.
•HR 925 EAH
60
1 GENERAL SERVICES ADMINISTRATION
2 TECHNOLOGY MODERNIZATION FUND
3 For an additional amount for the ‘‘Technology Mod-
4 ernization Fund’’, $1,000,000,000, to remain available
5 until September 30, 2022, for technology-related moderniza-
6 tion activities to prevent, prepare for, and respond to
7 coronavirus, domestically or internationally: Provided,
8 That such amount is designated by the Congress as being
9 for an emergency requirement pursuant to section
10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
13 RECORDS CENTER REVOLVING FUND
14 For an additional amount for the ‘‘Records Center Re-
15 volving Fund’’ for the Federal Record Centers Program,
16 $92,000,000, to prevent, prepare for, and respond to
17 coronavirus, domestically or internationally, which shall be
18 for offsetting the loss resulting from the coronavirus pan-
19 demic of the user charges collected by such Fund pursuant
20 to subsection (c) under the heading ‘‘Records Center Revolv-
21 ing Fund’’ in Public Law 106–58, as amended (44 U.S.C.
22 2901 note): Provided, That the amount provided under this
23 heading in this Act may be used to reimburse the Fund
24 for obligations incurred for this purpose prior to the date
25 of the enactment of this Act: Provided further, That such
•HR 925 EAH
61
1 amount is provided without regard to the limitation in sub-
2 section (d) under the heading ‘‘Records Center Revolving
3 Fund’’ in Public Law 106–58, as amended (44 U.S.C. 2901
4 note): Provided further, That such amount is designated by
5 the Congress as being for an emergency requirement pursu-
6 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
7 Emergency Deficit Control Act of 1985.
8 OFFICE OF PERSONNEL MANAGEMENT
9 OFFICE OF INSPECTOR GENERAL
10 SALARIES AND EXPENSES
11 For an additional amount for ‘‘Salaries and Ex-
12 penses’’, $1,000,000, to remain available until expended to
13 prevent, prepare for, and respond to coronavirus, domesti-
14 cally or internationally: Provided, That such amount is
15 designated by the Congress as being for an emergency re-
16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
17 anced Budget and Emergency Deficit Control Act of 1985.
18 SMALL BUSINESS ADMINISTRATION
19 EMERGENCY EIDL GRANTS
20 For an additional amount for ‘‘Emergency EIDL
21 Grants’’ for the cost of emergency EIDL grants authorized
22 by section 1110 of division A of the CARES Act (Public
23 Law 116–136), $50,000,000,000, to remain available until
24 expended, to prevent, prepare for, and respond to
25 coronavirus, domestically or internationally: Provided,
•HR 925 EAH
62
1 That of the amount provided under this heading in this
2 Act, $40,000,000,000 shall be for carrying out subsection
3 (i) of such section 1110: Provided further, That such
4 amount is designated by the Congress as being for an emer-
5 gency requirement pursuant to section 251(b)(2)(A)(i) of
6 the Balanced Budget and Emergency Deficit Control Act
7 of 1985.
8 ADMINISTRATIVE PROVISION—SMALL BUSINESS
9 ADMINISTRATION
10 SEC. 503. For fiscal year 2021, commitments for gen-
11 eral business loans authorized under paragraphs (1)
12 through (35) of section 7(a) of the Small Business Act (15
13 U.S.C. 636(a)) shall not exceed $75,000,000,000 for a com-
14 bination of amortizing term loans and the aggregated max-
15 imum line of credit provided by revolving loans.
16 UNITED STATES POSTAL SERVICE
17 PAYMENT TO POSTAL SERVICE FUND
18 For an additional payment to the ‘‘Postal Service
19 Fund’’, for revenue forgone due to coronavirus,
20 $15,000,000,000, to remain available until September 30,
21 2022: Provided, That the Postal Service, during the
22 coronavirus emergency, shall prioritize the purchase of, and
23 make available to all Postal Service employees and facili-
24 ties, personal protective equipment, including gloves, masks,
25 and sanitizers, and shall conduct additional cleaning and
•HR 925 EAH
63
1 sanitizing of Postal Service facilities and delivery vehicles:
2 Provided further, That such amount is designated by the
3 Congress as being for an emergency requirement pursuant
4 to section 251(b)(2)(A)(i) of the Balanced Budget and
5 Emergency Deficit Control Act of 1985.
6 OFFICE OF INSPECTOR GENERAL
7 SALARIES AND EXPENSES
8 For an additional amount for ‘‘Salaries and Ex-
9 penses’’, $15,000,000, to remain available until expended,
10 to prevent, prepare for, and respond to coronavirus, domes-
11 tically or internationally: Provided, That such amount is
12 designated by the Congress as being for an emergency re-
13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
14 anced Budget and Emergency Deficit Control Act of 1985.
15 GENERAL PROVISIONS—THIS TITLE
16 SEC. 504. (a) OVERSIGHT OF COVERED FUNDS.—The
17 matter preceding the first proviso under the heading ‘‘Inde-
18 pendent Agencies—Pandemic Response Accountability
19 Committee’’ in title V of division B of the CARES Act
20 (Public Law 116–136) is amended by striking ‘‘funds pro-
21 vided in this Act to prevent, prepare for, and respond to
22 coronavirus, domestically or internationally’’ and inserting
23 ‘‘ ‘covered funds’, as that term is defined in section 15010
24 of this Act’’.
•HR 925 EAH
64
1 (b) DEFINITION OF COVERED FUNDS.—Section
2 15010(a)(6) of division B of the Coronavirus, Aid, Relief,
3 and Economic Security Act (Public Law 116–136) is
4 amended—
5 (1) in subparagraph (A), by striking ‘‘this Act’’
6 and inserting ‘‘the Coronavirus Aid, Relief, and Eco-
7 nomic Security Act (divisions A and B) (Public Law
8 116–136)’’; and
9 (2) by striking subparagraph (D) and inserting:
10 ‘‘(D) the Paycheck Protection Program and
11 Health Care Enhancement Act (Public Law
12 116–139);
13 ‘‘(E) all divisions of this Act; or
14 ‘‘(F) The Heroes Act; and’’.
15 (c) APPOINTMENT OF CHAIRPERSON.—Section
16 15010(c) of division B of the Coronavirus Aid, Relief, and
17 Economic Security Act (Public Law 116–136) is amend-
18 ed—
19 (1) in paragraph (1), by striking ‘‘and (D)’’ and
20 inserting ‘‘(D), and (E)’’; and
21 (2) in paragraph (2)(E), by inserting ‘‘of the
22 Council’’ after ‘‘Chairperson’’.
23 (d) RETROACTIVE REPORTING ON LARGE COVERED
24 FUNDS.—
•HR 925 EAH
65
1 (1) DEFINITIONS.—In this subsection, the terms
2 ‘‘agency’’ and ‘‘large covered funds’’ have the mean-
3 ings given those terms in section 15011 of division B
4 of the Coronavirus, Aid, Relief, and Economic Secu-
5 rity Act (Public Law 116–136).
6 (2) GUIDANCE.—
7 (A) IN GENERAL.—Not later than 14 days
8 after the date of enactment of this Act, the Direc-
9 tor of the Office of Management and Budget shall
10 issue guidance for agencies to ensure the collec-
11 tion and timely reporting for the obligation and
12 expenditure of large covered funds under division
13 A of the CARES Act (Public Law 116–136) on
14 and after the date of enactment of that Act.
15 (B) REQUIREMENT.—The guidance issued
16 under subparagraph (A) shall require that, not
17 later than 120 days after the date of enactment
18 of this Act, agencies shall make all reports re-
19 quired under section 15011 of division B of the
20 CARES Act (Public Law 116–136) relating to
21 large covered funds under division A of such Act
22 that have been expended or obligated during the
23 period beginning on the date of enactment of the
24 CARES Act (Public Law 116–136) and ending
•HR 925 EAH
66
1 on the day before the date of enactment of this
2 Act.
3 (C) RULE OF CONSTRUCTION.—Nothing in
4 this subsection shall be construed to affect the
5 deadlines for reporting under section 15011 of
6 division B of the CARES Act (Public Law 116–
7 136) relating to large covered funds that have
8 been expended or obligated under divisions A or
9 B of such Act, on or after the date of enactment
10 of this Act.
11 (c) DESIGNATION.—Amounts repurposed under this
12 section that were previously designated by the Congress, re-
13 spectively, as an emergency requirement or as being for dis-
14 aster relief pursuant to the Balanced Budget and Emer-
15 gency Deficit Control Act are designated by the Congress
16 as being for an emergency requirement pursuant to section
17 251(b)(2)(A)(i) of the Balanced Budget and Emergency
18 Deficit Control Act of 1985 or as being for disaster relief
19 pursuant to section 251(b)(2)(D) of the Balanced Budget
20 and Emergency Deficit Control Act of 1985.
21 SEC. 505. Title V of division B of the CARES Act
22 (Public Law 116–136) is amended by striking the fifth pro-
23 viso under the heading ‘‘General Services Administration—
24 Real Property Activities—Federal Buildings Fund’’: Pro-
25 vided, That the amounts repurposed pursuant to this sec-
•HR 925 EAH
67
1 tion that were previously designated by the Congress as an
2 emergency requirement pursuant to the Balanced Budget
3 and Emergency Deficit Control Act of 1985 are designated
4 by the Congress as an emergency requirement pursuant to
5 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
6 gency Deficit Control Act of 1985.
7 TITLE VI
8 HOMELAND SECURITY
9 OFFICE OF INSPECTOR GENERAL
10 OPERATIONS AND SUPPORT
11 For an additional amount for ‘‘Operations and Sup-
12 port’’, $3,000,000, for oversight of activities supported by
13 funds provided under ‘‘Federal Emergency Management
14 Agency—Disaster Relief Fund’’ in title VI of division B
15 of Public Law 116–136, in addition to amounts otherwise
16 available for such purposes: Provided, That such amount
17 is designated by the Congress as being for an emergency
18 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
19 anced Budget and Emergency Deficit Control Act of 1985.
20 FEDERAL EMERGENCY MANAGEMENT AGENCY
21 FEDERAL ASSISTANCE
22 For an additional amount for ‘‘Federal Assistance’’,
23 $1,300,000,000, to prevent, prepare for, and respond to
24 coronavirus, of which $500,000,000 shall be for Assistance
25 to Firefighter Grants for the purchase of personal protective
•HR 925 EAH
68
1 equipment and related supplies, mental health evaluations,
2 training, and temporary infectious disease de-contamina-
3 tion or sanitizing facilities and equipment; of which
4 $500,000,000 shall be for Staffing for Adequate Fire and
5 Emergency Response Grants; of which $100,000,000 shall
6 be for Emergency Management Performance Grants; and
7 of which $200,000,000 shall be for the Emergency Food and
8 Shelter Program: Provided, That such amount is designated
9 by the Congress as being for an emergency requirement pur-
10 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
11 Emergency Deficit Control Act of 1985.
12 GENERAL PROVISIONS—THIS TITLE
13 SEC. 601. Notwithstanding any other provision of law,
14 funds made available in this Act for ‘‘Federal Emergency
15 Management Agency—Federal Assistance’’ in this Act shall
16 only be used for the purposes specifically described under
17 that heading.
18 SEC. 602. (a) Subsections (c)(2) and (k) of section 33
19 of the Federal Fire Prevention and Control Act of 1974 (15
20 U.S.C. 2229) shall not apply to amounts appropriated for
21 ‘‘Federal Emergency Management Agency—Federal Assist-
22 ance’’ for Assistance to Firefighter Grants in this Act.
23 (b) Subsection (k) of section 33 of the Federal Fire Pre-
24 vention and Control Act of 1974 (15 U.S.C. 2229) shall not
25 apply to amounts provided for ‘‘Federal Emergency Man-
•HR 925 EAH
69
1 agement Agency—Federal Assistance’’ for Assistance to
2 Firefighter Grants in title III of division D of Public Law
3 116–93 and in title VI of division B of Public Law 116–
4 136.
5 (c) Amounts repurposed under this section that were
6 previously designated by the Congress as an emergency re-
7 quirement or as being for disaster relief pursuant to the
8 Balanced Budget and Emergency Deficit Control Act are
9 designated by the Congress as being for an emergency re-
10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
11 anced Budget and Emergency Deficit Control Act of 1985
12 or as being for disaster relief pursuant to section
13 251(b)(2)(D) of the Balanced Budget and Emergency Def-
14 icit Control Act of 1985.
15 SEC. 603. Subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
16 (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
17 Prevention and Control Act of 1974 (15 U.S.C. 2229a) shall
18 not apply to amounts appropriated for ‘‘Federal Emergency
19 Management Agency—Federal Assistance’’ for Staffing for
20 Adequate Fire and Emergency Response Grants in this Act
21 and in division D, title III of the Consolidated Appropria-
22 tions Act, 2020 (Public Law 116–93).
•HR 925 EAH
70
1 TITLE VII
2 INTERIOR, ENVIRONMENT, AND RELATED
3 AGENCIES
4 DEPARTMENT OF THE INTERIOR
5 UNITED STATES FISH AND WILDLIFE SERVICE
6 RESOURCE MANAGEMENT
7 For an additional amount for ‘‘Resource Manage-
8 ment’’, $45,000,000, of which $15,000,000 shall be for wild-
9 life inspections, interdictions, and investigations and for
10 domestic and international efforts to address wildlife traf-
11 ficking; and of which $30,000,000 shall be for the care of
12 captive species listed under the Endangered Species Act,
13 rescued and confiscated wildlife, and other Federally-owned
14 animals in facilities experiencing lost revenues due to the
15 coronavirus: Provided, That such amount is designated by
16 the Congress as being for an emergency requirement pursu-
17 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 NATIONAL PARK SERVICE
20 NATIONAL RECREATION AND PRESERVATION
21 For an additional amount for ‘‘National Recreation
22 and Preservation’’, $20,000,000 for grants as authorized by
23 the 9/11 Memorial Act (Public Law 115–413), to prevent,
24 prepare for, and respond to coronavirus. Provided, That
25 such amount is designated by the Congress as being for an
•HR 925 EAH
71
1 emergency requirement pursuant to section 251(b)(2)(A)(i)
2 of the Balanced Budget and Emergency Deficit Control Act
3 of 1985.
4 BUREAU OF INDIAN AFFAIRS
5 OPERATION OF INDIAN PROGRAMS
6 For an additional amount for ‘‘Operation of Indian
7 Programs’’, $900,000,000, to prevent, prepare for, and re-
8 spond to coronavirus, of which—
9 (1) $100,000,000 shall be for housing improve-
10 ment;
11 (2) $780,000,000 shall be for providing Tribal
12 government services, for Tribal government employee
13 salaries to maintain operations, and cleaning and
14 sanitization of Tribally owned and operated facilities;
15 and
16 (3) $20,000,000 shall be used to provide and de-
17 liver potable water:
18 Provided, That none of the funds appropriated herein shall
19 be obligated until 3 days after the Bureau of Indian Affairs
20 provides a detailed spend plan, which includes distribution
21 and use of funds by Tribe, to the Committees on Appropria-
22 tions of the House of Representatives and the Senate: Pro-
23 vided further, That such amounts shall be in addition to
24 any other amounts available for such purposes: Provided
25 further, That the Bureau shall notify the Committees on
•HR 925 EAH
72
1 Appropriations of the House of Representatives and the
2 Senate quarterly on the obligations and expenditures of the
3 funds provided by this Act: Provided further, That assist-
4 ance received herein shall not be included in the calculation
5 of funds received by those Tribal governments who partici-
6 pate in the ‘‘Small and Needy’’ program: Provided further,
7 That such amounts, if transferred to Indian Tribes and
8 Tribal organizations under the Indian Self-Determination
9 and Education Assistance Act (1) will be transferred on a
10 one-time basis, (2) are non-recurring funds that are not
11 part of the amount required by 25 U.S.C. 5325, and (3)
12 may only be used for the purposes identified under this
13 heading in this Act, notwithstanding any other provision
14 of law: Provided further, That section 1308 of this Act shall
15 not apply to tribal contracts entered into by the Bureau
16 of Indian Affairs with this appropriation: Provided further,
17 That such amount is designated by the Congress as being
18 for an emergency requirement pursuant to section
19 251(b)(2)(A)(i) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
21 DEPARTMENTAL OFFICES
22 INSULAR AFFAIRS
23 ASSISTANCE TO TERRITORIES
24 For an additional amount for ‘‘Assistance to Terri-
25 tories’’, $1,000,000,000, to remain available until expended,
•HR 925 EAH
73
1 to prevent, prepare for, respond to, and recover from
2 coronavirus, of which (1) $993,000,000 is for Capital Im-
3 provement Project grants for hospitals and other critical in-
4 frastructure; and (2) $7,000,000 is for territorial assistance,
5 including general technical assistance: Provided, That any
6 appropriation for disaster assistance under this heading in
7 this Act or previous appropriations Acts may be used as
8 non-Federal matching funds for the purpose of hazard miti-
9 gation grants provided pursuant to section 404 of the Rob-
10 ert T. Stafford Disaster Relief and Emergency Assistance
11 Act (42 U.S.C. 5170c): Provided further, That amounts
12 repurposed pursuant to this section that were previously
13 designated by the Congress as an emergency requirement
14 pursuant to the Balanced Budget and Emergency Deficit
15 Control Act of 1985 are designated by the Congress as an
16 emergency requirement pursuant to section 251(b)(2)(A)(i)
17 of the Balanced Budget and Emergency Deficit Control Act
18 of 1985: Provided further, That such amount is designated
19 by the Congress as being for an emergency requirement pur-
20 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
21 Emergency Deficit Control Act of 1985.
22 OFFICE OF INSPECTOR GENERAL
23 SALARIES AND EXPENSES
24 For an additional amount for ‘‘Salaries and Ex-
25 penses’’, $5,000,000, to remain available until expended:
•HR 925 EAH
74
1 Provided, That such amount is designated by the Congress
2 as being for an emergency requirement pursuant to section
3 251(b)(2)(A)(i) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985.
5 ENVIRONMENTAL PROTECTION AGENCY
6 ENVIRONMENTAL PROGRAMS AND MANAGEMENT
7 For an additional amount for ‘‘Environmental Pro-
8 grams and Management’’, $50,000,000, for environmental
9 justice grants as described in section 302 of division U of
10 this Act: Provided, That such amounts shall be in addition
11 to any other amounts available for such purposes: Provided
12 further, That such amount is designated by the Congress
13 as being for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16 DEPARTMENT OF HEALTH AND HUMAN
17 SERVICES
18 INDIAN HEALTH SERVICE
19 INDIAN HEALTH SERVICES
20 For an additional amount for ‘‘Indian Health Serv-
21 ices’’, $1,734,000,000, to remain available until expended,
22 to prevent, prepare for, respond to, and provide health serv-
23 ices related to coronavirus, of which—
24 (1) $1,000,000,000 shall be used to supplement
25 reduced third party revenue collections;
•HR 925 EAH
75
1 (2) $500,000,000 shall be used for direct health
2 and telehealth services, including to purchase supplies
3 and personal protective equipment;
4 (3) $140,000,000 shall be used to expand
5 broadband infrastructure and information technology
6 for telehealth and electronic health record system pur-
7 poses;
8 (4) $20,000,000 shall be used to address the
9 needs of domestic violence victims and homeless indi-
10 viduals and families;
11 (5) not less than $64,000,000 shall be for Urban
12 Indian Organizations; and,
13 (6) not less than $10,000,000 shall be used to
14 provide and deliver potable water:
15 Provided, That such funds shall be allocated at the discre-
16 tion of the Director of the Indian Health Service, and shall
17 be in addition to any other amounts available for such pur-
18 poses: Provided further, That such amounts, if transferred
19 to Tribes and Tribal organizations under the Indian Self-
20 Determination and Education Assistance Act, will be trans-
21 ferred on a one-time basis and that these non-recurring
22 funds are not part of the amount required by section 106
23 of the Indian Self-Determination and Education Assistance
24 Act (25 U.S.C. 5325), and that such amounts may only
25 be used for the purposes identified under this heading not-
•HR 925 EAH
76
1 withstanding any other provision of law: Provided further,
2 That none of the funds appropriated under this heading
3 in this Act for telehealth broadband activities shall be avail-
4 able for obligation until 3 days after the Indian Health
5 Service provides to the Committees on Appropriations of
6 the House of Representatives and the Senate, a detailed
7 spend plan that includes the cost, location, and expected
8 completion date of each activity: Provided further, That the
9 Indian Health Service shall notify the Committees on Ap-
10 propriations of the House of Representatives and the Senate
11 quarterly on the obligations and expenditures of the funds
12 provided by this Act: Provided further, That section 1308
13 of this Act shall not apply to tribal contracts entered into
14 by the Bureau of Indian Affairs with this appropriation:
15 Provided further, That such amount is designated by the
16 Congress as being for an emergency requirement pursuant
17 to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 INDIAN HEALTH FACILITIES
20 For an additional amount for ‘‘Indian Health Facili-
21 ties’’, $600,000,000, to prevent, prepare for, and respond
22 to coronavirus, to modify existing health facilities to pro-
23 vide isolation or quarantine space, to purchase and install
24 updated equipment necessary, and for maintenance and im-
25 provement projects necessary to the purposes specified in
•HR 925 EAH
77
1 this Act: Provided, That such amounts may be used to sup-
2 plement amounts otherwise available for such purposes
3 under ‘‘Indian Health Facilities’’: Provided further, That
4 such amounts shall be in addition to any other amounts
5 available for such purposes: Provided further, That such
6 amounts, if transferred to Tribes and Tribal organizations
7 under the Indian Self-Determination and Education Assist-
8 ance Act, will be transferred on a one-time basis and that
9 these non-recurring funds are not part of the amount re-
10 quired by section 106 of the Indian Self-Determination and
11 Education Assistance Act (25 U.S.C. 5325), and that such
12 amounts may only be used for the purposes identified under
13 this heading notwithstanding any other provision of law:
14 Provided further, That the Indian Health Service shall no-
15 tify the Committees on Appropriations of the House of Rep-
16 resentatives and the Senate quarterly on the obligations and
17 expenditures of the funds provided by this Act: Provided
18 further, That section 1308 of this Act shall not apply to
19 tribal contracts entered into by the Bureau of Indian Af-
20 fairs with this appropriation: Provided further, That such
21 amount is designated by the Congress as being for an emer-
22 gency requirement pursuant to section 251(b)(2)(A)(i) of
23 the Balanced Budget and Emergency Deficit Control Act
24 of 1985.
•HR 925 EAH
78
1 NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES
2 NATIONAL ENDOWMENT FOR THE ARTS
3 GRANTS AND ADMINISTRATION
4 For an additional amount for ‘‘Grants and Adminis-
5 tration’’, $135,000,000, for grants to respond to the impacts
6 of coronavirus: Provided, That such funds are available
7 under the same terms and conditions as grant funding ap-
8 propriated to this heading in Public Law 116–94: Provided
9 further, That 40 percent of the funds made available under
10 this heading in this Act shall be distributed to State arts
11 agencies and regional arts organizations and 60 percent of
12 such funds shall be for direct grants: Provided further, That
13 notwithstanding any other provision of law, such funds
14 may also be used by the recipients of such grants for pur-
15 poses of the general operations of such recipients: Provided
16 further, That the matching requirements under subsections
17 (e), (g)(4)(A), and (p)(3) of section 5 of the National Foun-
18 dation on the Arts and Humanities Act of 1965 (20 U.S.C.
19 954) may be waived with respect to such grants: Provided
20 further, That such amount is designated by the Congress
21 as being for an emergency requirement pursuant to section
22 251(b)(2)(A)(i) of the Balanced Budget and Emergency
23 Deficit Control Act of 1985.
•HR 925 EAH
79
1 NATIONAL ENDOWMENT FOR THE HUMANITIES
2 GRANTS AND ADMINISTRATION
3 For an additional amount for ‘‘Grants and Adminis-
4 tration’’, $135,000,000, for grants to respond to the impacts
5 of coronavirus: Provided, That such funds are available
6 under the same terms and conditions as grant funding ap-
7 propriated to this heading in Public Law 116–94: Provided
8 further, That 40 percent of the funds made available under
9 this heading in this Act shall be distributed to state human-
10 ities councils and 60 percent of such funds shall be for direct
11 grants: Provided further, That notwithstanding any other
12 provision of law, such funds may also be used by the recipi-
13 ents of such grants for purposes of the general operations
14 of such recipients: Provided further, That the matching re-
15 quirements under subsection (h)(2)(A) of section 7 of the
16 National Foundation on the Arts and Humanities Act of
17 1965 may be waived with respect to such grants: Provided
18 further, That such amount is designated by the Congress
19 as being for an emergency requirement pursuant to section
20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
•HR 925 EAH
80
1 TITLE VIII
2 DEPARTMENTS OF LABOR, HEALTH AND HUMAN
3 SERVICES, AND EDUCATION, AND RELATED
4 AGENCIES
5 DEPARTMENT OF LABOR
6 EMPLOYMENT AND TRAINING ADMINISTRATION
7 TRAINING AND EMPLOYMENT SERVICES
8 (INCLUDING TRANSFER OF FUNDS)
9 For an additional amount for ‘‘Training and Employ-
10 ment Services’’, $2,140,000,000, to prevent, prepare for, and
11 respond to coronavirus, of which $15,000,000 shall be trans-
12 ferred to ‘‘Program Administration’’ to carry out activities
13 in this Act, Public Law 116–127 and Public Law 116–136
14 for full-time equivalent employees, information technology
15 upgrades needed to expedite payments and support imple-
16 mentation, including to expedite policy guidance and dis-
17 bursement of funds, technical assistance and other assist-
18 ance to States and territories to speed payment of Federal
19 and State unemployment benefits, and of which the remain-
20 ing amounts shall be used to carry out activities under the
21 Workforce Innovation and Opportunity Act (referred to in
22 this Act as ‘‘WIOA’’) as follows:
23 (1) $485,000,000 for grants to the States for
24 adult employment and training activities, including
25 incumbent worker trainings, transitional jobs, on-the-
•HR 925 EAH
81
1 job training, individualized career services, sup-
2 portive services, needs-related payments, and to facili-
3 tate remote access to training services provided
4 through a one-stop delivery system through the use of
5 technology: Provided, That an adult shall not be re-
6 quired to meet the requirements of section
7 134(c)(3)(B) of the WIOA: Provided further, That an
8 adult who meets the requirements described in section
9 2102(a)(3)(A) of Public Law 116–136 may be eligible
10 for participation: Provided further, That priority
11 may be given to individuals who are adversely im-
12 pacted by economic changes due to the coronavirus,
13 including individuals seeking employment, dislocated
14 workers, individuals with barriers to employment, in-
15 dividuals who are unemployed, or individuals who
16 are underemployed;
17 (2) $518,000,000 for grants to the States for
18 youth activities, including supportive services, sum-
19 mer employment for youth, and to facilitate remote
20 access to training services provided through a one-
21 stop delivery system through the use of technology:
22 Provided, That individuals described in section
23 2102(a)(3)(A) of Public Law 116–136 may be eligible
24 for participation as an out-of-school youth if they
25 meet the requirements of clauses (i) and (ii) of section
•HR 925 EAH
82
1 129(a)(1)(B) or as in-school youth if they meet the re-
2 quirements of clauses (i) and (iii) of section
3 129(a)(1)(C) of the WIOA; Provided further, That
4 priority shall be given for out-of-school youth and
5 youth with multiple barriers to employment: Provided
6 further, That funds shall support employer partner-
7 ships for youth employment and subsidized employ-
8 ment, and partnerships with community-based orga-
9 nizations to support such employment;
10 (3) $597,000,000 for grants to States for dis-
11 located worker employment and training activities,
12 including incumbent worker trainings, transitional
13 jobs, on-the-job training, individualized career serv-
14 ices, supportive services, needs-related payments, and
15 to facilitate remote access to training services pro-
16 vided through a one-stop delivery system through the
17 use of technology: Provided, That a dislocated worker
18 shall not be required to meet the requirements of sec-
19 tion 134(c)(3)(B) of the WIOA: Provided further,
20 That a dislocated worker who meets the requirements
21 described in section 2102(a)(3)(A) of Public Law
22 116–136 may be eligible for participation;
23 (4) $500,000,000 for the dislocated workers as-
24 sistance national reserve; and
•HR 925 EAH
83
1 (5) $25,000,000 for migrant and seasonal farm-
2 worker programs under section 167 of the WIOA, in-
3 cluding emergency supportive services of which no less
4 than $500,000 shall be for the collection and dissemi-
5 nation of electronic and printed materials related to
6 coronavirus to the migrant and seasonal farmworker
7 population nationwide, including Puerto Rico,
8 through a cooperative agreement, and of which
9 $1,000,000 shall be for migrant and seasonal farm-
10 worker housing:
11 Provided, That such amount is designated by the Congress
12 as being for an emergency requirement pursuant to section
13 251(b)(2)(A)(i) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
16 SERVICE OPERATIONS
17 For an additional amount for ‘‘State Unemployment
18 Insurance and Employment Service Operations’’,
19 $538,500,000, to prevent, prepare for, and respond to
20 coronavirus, which may be expended from the Employment
21 Security Administration Account in the Unemployment
22 Trust Fund (‘‘The Trust Fund’’), of which:
23 (1) $38,500,000 from the Trust Fund is for na-
24 tional activities necessary to support the administra-
•HR 925 EAH
84
1 tion of the Federal-State unemployment insurance
2 system; and
3 (2) $500,000,000 from the Trust Fund is for
4 grants to States in accordance with section 6 of the
5 Wagner-Peyser Act:
6 Provided, That such amount is designated by the Congress
7 as being for an emergency requirement pursuant to section
8 251(b)(2)(A)(i) of the Balanced Budget and Emergency
9 Deficit Control Act of 1985.
10 WAGE AND HOUR DIVISION
11 SALARIES AND EXPENSES
12 For an additional amount for ‘‘Wage and Hour Divi-
13 sion’’, $6,500,000 to prevent, prepare for, and respond to
14 coronavirus, including for the administration, oversight,
15 and coordination of worker protection activities related
16 thereto: Provided, That the Secretary of Labor shall use
17 funds provided under this heading to support enforcement
18 activities and outreach efforts to make individuals, particu-
19 larly low-wage workers, aware of their rights under division
20 C and division E of Public Law 116–127 and this Act: Pro-
21 vided further, That such amount is designated by the Con-
22 gress as being for an emergency requirement pursuant to
23 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
24 gency Deficit Control Act of 1985.
•HR 925 EAH
85
1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
2 SALARIES AND EXPENSES
3 For an additional amount for ‘‘Occupational Safety
4 and Health Administration’’, $100,000,000 for implemen-
5 tation of section 202 of division B this Act, and for worker
6 protection and enforcement activities to prevent, prepare
7 for, and respond to coronavirus, of which $25,000,000 shall
8 be for Susan Harwood training grants and at least
9 $70,000,000 shall be to hire additional compliance safety
10 and health officers, and for state plan enforcement, to pro-
11 tect workers from coronavirus by enforcing all applicable
12 standards and directives, including 29 CFR 1910.132, 29
13 CFR 1910.134, section 5(a)(1) of the Occupational Safety
14 and Health Act of 1970, and 29 CFR 1910.1030: Provided,
15 That activities to protect workers from coronavirus sup-
16 ported by funds provided under this heading includes addi-
17 tional enforcement of standards and directives referenced in
18 the preceding proviso at slaughterhouses, poultry processing
19 plants, and agricultural workplaces: Provided further, That
20 within 15 days of the date of enactment of this Act, the
21 Secretary of Labor shall submit a spending and hiring plan
22 for the funds made available under this heading, and a
23 monthly staffing report until all funds are expended, to the
24 Committees on Appropriations of the House of Representa-
25 tives and the Senate: Provided further, That within 15 days
•HR 925 EAH
86
1 of the date of enactment of this Act, the Secretary of Labor
2 shall submit a plan for the additional enforcement activities
3 described in the third proviso to the Committees on Appro-
4 priations of the House of Representatives and the Senate:
5 Provided further, That such amount is designated by the
6 Congress as being for an emergency requirement pursuant
7 to section 251(b)(2)(A)(i) of the Balanced Budget and
8 Emergency Deficit Control Act of 1985.
9 OFFICE OF INSPECTOR GENERAL
10 For an additional amount for ‘‘Office of Inspector
11 General’’, $5,000,000, to remain available until expended,
12 to prevent, prepare for, and respond to coronavirus. Pro-
13 vided, That such amount is designated by the Congress as
14 being for an emergency requirement pursuant to section
15 251(b)(2)(A)(i) of the Balanced Budget and Emergency
16 Deficit Control Act of 1985.
17 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF LABOR
18 SEC. 801. (a) There is hereby appropriated for an ad-
19 ditional amount for fiscal year 2021 for ‘‘Department of
20 Labor—Employment Training Administration—State Un-
21 employment Insurance and Employment Service Oper-
22 ations’’, $28,600,000, to be expended from the Employment
23 Security Administration Account in the Unemployment
24 Trust Fund (‘‘the Trust Fund’’) to carry out title III of
25 the Social Security Act: Provided, That such amount shall
•HR 925 EAH
87
1 only become available for obligation if the Average Weekly
2 Insured Unemployment (‘‘AWIU’’) for fiscal year 2021 is
3 projected, by the Department of Labor during fiscal year
4 2021 to exceed 1,728,000: Provided further, That to the ex-
5 tent that the AWIU for fiscal year 2021 is projected by the
6 Department of Labor to exceed 1,728,000, an additional
7 $28,600,000 from the Trust Fund shall be made available
8 for obligation during fiscal year 2021 for every 100,000 in-
9 crease in the AWIU level (including a pro rata amount for
10 any increment less than 100,000): Provided further, That,
11 except as specified in this section, amounts provided herein
12 shall be available under the same authority and conditions
13 applicable to funds provided to carry out title III of the
14 Social Security Act under the heading ‘‘Department of
15 Labor—Employment Training Administration—State Un-
16 employment Insurance and Employment Service Oper-
17 ations’’ in division A of Public Law 116–94: Provided fur-
18 ther, That such amounts shall be in addition to any other
19 funds made available in any fiscal year for such purposes:
20 Provided further, That such amount is designated by the
21 Congress as being for an emergency requirement pursuant
22 to section 251(b)(2)(A)(i) of the Balanced Budget and
23 Emergency Deficit Control Act of 1985.
24 (b)(1) Section 101(8) of the Continuing Appropria-
25 tions Act, 2021 (division A of H.R. 8337 of the 116th Con-
•HR 925 EAH
88
1 gress), is amended by inserting ‘‘except the first proviso fol-
2 lowing paragraph (6) under the heading ‘Department of
3 Labor—State Unemployment Insurance and Employment
4 Service Operations’ ’’ before the period.
5 (2) Any obligations and expenditures made for
6 projects or activities described in this section before
7 the date of enactment of this Act pursuant to the first
8 proviso following paragraph (6) under the heading
9 ‘‘Department of Labor—State Unemployment Insur-
10 ance and Employment Service Operations’’ as pro-
11 vided by section 101 of the Continuing Appropria-
12 tions Act, 2021 shall be charged to the appropriation
13 provided by this section, consistent with section 107
14 of the Continuing Appropriations Act, 2021.
15 SEC. 802. (a) Any funds made available under this
16 Act to support or fund apprenticeship programs shall only
17 be used for, or provided to, apprenticeship programs as de-
18 fined in subsection (b) of this section, including any funds
19 awarded for the purposes of grants, contracts, or cooperative
20 agreements, or the development, implementation, or admin-
21 istration, of an apprenticeship program.
22 (b) The term ‘‘apprenticeship’’ means an apprentice-
23 ship program registered under the Act of August 16, 1937
24 (commonly known as the ‘‘National Apprenticeship Act’’)
25 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) and that
•HR 925 EAH
89
1 complies with the requirements of subpart A of part 29,
2 Code of Federal Regulations, and part 30 of such title (as
3 in effect on September 30, 2020).
4 DEPARTMENT OF HEALTH AND HUMAN
5 SERVICES
6 HEALTH RESOURCES AND SERVICES ADMINISTRATION
7 PRIMARY HEALTH CARE
8 For an additional amount for ‘‘Primary Health
9 Care’’, $7,600,000,000, for necessary expenses to prevent,
10 prepare for, and respond to coronavirus, for grants and co-
11 operative agreements under the Health Centers Program, as
12 defined by section 330 of the Public Health Service Act, and
13 for grants to Federally qualified health centers, as defined
14 in section 1861(aa)(4)(B) of the Social Security Act, and
15 for eligible entities under the Native Hawaiian Health Care
16 Improvement Act, including maintenance or expansion of
17 health center and system capacity and staffing levels: Pro-
18 vided, That sections 330(r)(2)(B), 330(e)(6)(A)(iii), and
19 330(e)(6)(B)(iii) shall not apply to funds provided under
20 this heading in this Act: Provided further, That funds pro-
21 vided under this heading in this Act may be used to (1)
22 purchase equipment and supplies to conduct mobile testing
23 for SARS–CoV–2 or COVID–19; (2) purchase and main-
24 tain mobile vehicles and equipment to conduct such testing;
25 and (3) hire and train laboratory personnel and other staff
•HR 925 EAH
90
1 to conduct such mobile testing: Provided further, That such
2 amount is designated by the Congress as being for an emer-
3 gency requirement pursuant to section 251(b)(2)(A)(i) of
4 the Balanced Budget and Emergency Deficit Control Act
5 of 1985.
6 HEALTH WORKFORCE
7 For an additional amount for ‘‘Health Workforce’’,
8 $1,000,000,000, to remain available until September 30,
9 2022, to prevent, prepare for, and respond to coronavirus,
10 of which $800,000,000 shall be for carrying out title III
11 of the Public Health Service Act with respect to the health
12 workforce and $200,000,000 shall be for carrying out section
13 846 of such Act: Provided, That of the amount made avail-
14 able under this heading in this Act for carrying out title
15 III of the Public Health Service Act with respect to the
16 health workforce, $100,000,000 shall be made available for
17 purposes of providing public health services through a sup-
18 plemental grant or grants to states currently participating
19 in the NHSC State Loan Repayment Program notwith-
20 standing section 338I(b) of the PHS Act, to make awards
21 as authorized under section 338I(j) of the Public Health
22 Service (PHS) Act, and notwithstanding the health profes-
23 sional shortage area requirements under 338I, the Secretary
24 may develop rules needed to implement this proviso: Pro-
25 vided further, That for purposes of the previous proviso,
•HR 925 EAH
91
1 notwithstanding section 338I(d)(2) of the PHS Act, no
2 more than 10 percent of funds made available in such sup-
3 plemental grants may be used by the state for administra-
4 tion of the State Loan Repayment Program in that state:
5 Provided further, That for the purposes of these funds, the
6 term ‘‘primary health services’’ and ‘‘primary health care
7 services’’ as referenced in section 338I of the PHS Act, in-
8 cludes public health services, as defined by the Secretary:
9 Provided further, That such amount is designated by the
10 Congress as being for an emergency requirement pursuant
11 to section 251(b)(2)(A)(i) of the Balanced Budget and
12 Emergency Deficit Control Act of 1985.
13 MATERNAL AND CHILD HEALTH
14 For an additional amount for ‘‘Maternal and Child
15 Health’’, $500,000,000, to prevent, prepare for, and respond
16 to coronavirus, for carrying out title V of the Social Secu-
17 rity Act with respect to maternal and child health: Pro-
18 vided, That notwithstanding sections 502(a)(1) and
19 502(b)(1) of the Social Security Act, such funds shall be
20 available for awards to states and territories to carry out
21 special projects of regional and national significance pursu-
22 ant to section 501(a)(2) of such Act: Provided further, That
23 such amount is designated by the Congress as being for an
24 emergency requirement pursuant to section 251(b)(2)(A)(i)
•HR 925 EAH
92
1 of the Balanced Budget and Emergency Deficit Control Act
2 of 1985.
3 RYAN WHITE HIV/AIDS PROGRAM
4 For an additional amount for ‘‘Ryan White HIV/
5 AIDS Program’’, $100,000,000, to prevent, prepare for, and
6 respond to coronavirus: Provided, That awards from funds
7 provided under this heading in this Act shall be through
8 modifications to existing contracts and supplements to ex-
9 isting grants and cooperative agreements under parts A, B,
10 C, D, and F, or section 2692(a) of title XXVI of the Public
11 Health Service Act: Provided further, That such supple-
12 ments shall be awarded using a data-driven methodology
13 determined by the Secretary of Health and Human Serv-
14 ices: Provided further, That sections 2604(c), 2612(b), and
15 2651(c) of the Public Health Service Act shall not apply
16 to funds provided under this heading in this Act: Provided
17 further, That the Secretary may waive any penalties and
18 administrative requirements as may attach to these funds
19 or to funds awarded under title XXVI with respect to the
20 Ryan White HIV/AIDS program as necessary to ensure
21 that the funds may be used efficiently: Provided further,
22 That such amount is designated by the Congress as being
23 for an emergency requirement pursuant to section
24 251(b)(2)(A)(i) of the Balanced Budget and Emergency
25 Deficit Control Act of 1985.
•HR 925 EAH
93
1 CENTERS FOR DISEASE CONTROL AND PREVENTION
2 CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT
3 For an additional amount for ‘‘CDC–Wide Activities
4 and Program Support’’, $13,700,000,000, to prevent, pre-
5 pare for, and respond to coronavirus, domestically or inter-
6 nationally: Provided, That of the amount provided under
7 this heading in this Act, $1,000,000,000 shall be for Public
8 Health Emergency Preparedness cooperative agreements
9 under section 319C–1 of the Public Health Service Act: Pro-
10 vided further, That, of the amount provided under this
11 heading in this Act, $1,000,000,000 shall be for necessary
12 expenses for grants for core public health infrastructure for
13 State, local, Territorial, or Tribal health departments as
14 described in section 550 of division K of this Act: Provided
15 further, That of the amount made available under this head-
16 ing in this Act for specified programs, not less than
17 $100,000,000 shall be allocated to tribes, tribal organiza-
18 tions, urban Indian health organizations, or health service
19 providers to tribes: Provided further, That of the amount
20 made available under this heading in this Act, not less than
21 $1,000,000,000 shall be for global disease detection and
22 emergency response: Provided further, That of the amount
23 provided under this heading in this Act, not less than
24 $200,000,000 shall be for public health data surveillance
25 and analytics infrastructure modernization: Provided fur-
•HR 925 EAH
94
1 ther, That of the amount made available under this heading
2 in this Act, $7,000,000,000 shall be for activities to plan,
3 prepare for, promote, distribute, administer, monitor, and
4 track coronavirus vaccines, as described in section 703 of
5 division K of this Act, to ensure broad-based distribution,
6 access, and vaccine coverage: Provided further, That of the
7 amount made available under this heading in this Act,
8 $1,000,000,000 shall be for necessary expenses for grants for
9 an evidence-based public awareness campaign on the im-
10 portance of vaccinations, as described in section 704 of divi-
11 sion K of this Act: Provided further, That of the amount
12 made available under this heading in this Act,
13 $2,000,000,000 shall be for necessary expenses for grants to
14 State, local, Tribal, or territorial health departments to
15 purchase or procure personal protective equipment and
16 other workplace safety measures for use in containment and
17 mitigation of COVID-19 transmission among essential
18 workers, as well as provide funding to employers of essential
19 workers for containment and mitigation of COVID-19
20 transmission among essential workers in their workplaces,
21 as described in section 651 of division K of this Act: Pro-
22 vided further, That of the amount made available under this
23 heading in this Act, up to $500,000,000 shall be for activi-
24 ties to plan, prepare for, promote, distribute, administer,
25 monitor, and track seasonal influenza vaccines to ensure
•HR 925 EAH
95
1 broad-based distribution, access, and vaccine coverage: Pro-
2 vided further, That funds made available under this head-
3 ing in this Act may reimburse CDC obligations incurred
4 for vaccine planning, preparation, promotion, and dis-
5 tribution prior to the enactment of this Act: Provided fur-
6 ther, That the Director of CDC shall report to the Commit-
7 tees on Appropriations of the House of Representatives and
8 the Senate within 60 days of enactment of this Act on an
9 enhanced seasonal influenza vaccination strategy to include
10 nationwide vaccination goals and specific actions that CDC
11 will take to achieve such goals: Provided further, That funds
12 appropriated under this heading in this Act for grants may
13 be used for the rent, lease, purchase, acquisition, construc-
14 tion, alteration, or renovation of non-Federally owned fa-
15 cilities to improve preparedness and response capability at
16 the State and local level: Provided further, That all con-
17 struction, alteration, or renovation work, carried out, in
18 whole or in part, with funds appropriated under this head-
19 ing in this Act, or under this heading in the CARES Act
20 (Public Law 116–136), shall be subject to the requirements
21 of section 1621(b)(1)(I) of the Public Health Service Act
22 (42 U.S.C. 300s–1(b)(1)(I)): Provided further, That such
23 amount is designated by the Congress as being for an emer-
24 gency requirement pursuant to section 251(b)(2)(A)(i) of
•HR 925 EAH
96
1 the Balanced Budget and Emergency Deficit Control Act
2 of 1985.
3 NATIONAL INSTITUTES OF HEALTH
4 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
5 DISEASES
6 For an additional amount for ‘‘National Institute of
7 Allergy and Infectious Diseases’’, $500,000,000, to remain
8 available until September 30, 2024, to prevent, prepare for,
9 and respond to coronavirus: Provided, That such amount
10 is designated by the Congress as being for an emergency
11 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
12 anced Budget and Emergency Deficit Control Act of 1985.
13 NATIONAL INSTITUTE OF MENTAL HEALTH
14 For an additional amount for ‘‘National Institute of
15 Mental Health’’, $200,000,000, to remain available until
16 September 30, 2024, to prevent, prepare for, and respond
17 to coronavirus: Provided, That such amount is designated
18 by the Congress as being for an emergency requirement pur-
19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 OFFICE OF THE DIRECTOR
22 (INCLUDING TRANSFER OF FUNDS)
23 For an additional amount for ‘‘Office of the Director’’,
24 $4,021,000,000, to remain available until September 30,
25 2024, to prevent, prepare for, and respond to coronavirus,
•HR 925 EAH
97
1 domestically or internationally: Provided, That not less
2 than $3,000,000,000 of the amount provided under this
3 heading in this Act shall be for offsetting the costs related
4 to reductions in lab productivity resulting from the
5 coronavirus pandemic or public health measures related to
6 the coronavirus pandemic: Provided further, That up to
7 $1,021,000,000 of the amount provided under this heading
8 in this Act shall be to support additional scientific research
9 or the programs and platforms that support research: Pro-
10 vided further, That funds made available under this head-
11 ing in this Act may be transferred to the accounts of the
12 Institutes and Centers of the National Institutes of Health
13 (‘‘NIH’’): Provided further, That this transfer authority is
14 in addition to any other transfer authority available to the
15 NIH: Provided further, That such amount is designated by
16 the Congress as being for an emergency requirement pursu-
17 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
20 ADMINISTRATION
21 HEALTH SURVEILLANCE AND PROGRAM SUPPORT
22 For an additional amount for ‘‘Health Surveillance
23 and Program Support’’, $8,500,000,000, to prevent, pre-
24 pare for, and respond to coronavirus: Provided, That of the
25 funds made available under this heading in this Act,
•HR 925 EAH
98
1 $3,500,000,000 shall be for grants for the substance abuse
2 prevention and treatment block grant program under sub-
3 part II of part B of title XIX of the Public Health Service
4 Act (‘‘PHS Act’’): Provided further, That of the funds made
5 available under this heading in this Act, $4,000,000,000
6 shall be for grants for the community mental health services
7 block grant program under subpart I of part B of title XIX
8 of the PHS Act: Provided further, That of the amount made
9 available in the previous proviso, the Assistant Secretary
10 is directed to provide no less than 50 percent of funds di-
11 rectly to facilities defined in section 1913(c) of the PHS
12 Act: Provided further, That of the amount made available
13 under this heading in this Act, not less than $600,000,000
14 is available for Certified Community Behavioral Health
15 Clinic Expansion Grant program: Provided further, That
16 of the amount made available under this heading in this
17 Act, not less than $50,000,000 shall be available for suicide
18 prevention programs: Provided further, That of the funds
19 made available under this heading in this Act,
20 $100,000,000 shall be for activities and services under
21 Project AWARE: Provided further, That of the funds made
22 available under this heading in this Act, $10,000,000 shall
23 be for the National Child Traumatic Stress Network: Pro-
24 vided further, That of the amount made available under this
25 heading in this Act, $240,000,000 is available for activities
•HR 925 EAH
99
1 authorized under section 501(o) of the PHS Act: Provided
2 further, That of the amount made available under this head-
3 ing in this Act for specified programs, not less than
4 $150,000,000 shall be allocated to tribes, tribal organiza-
5 tions, urban Indian health organizations, or health or be-
6 havioral health service providers to tribes: Provided further,
7 That with respect to the amount appropriated under this
8 heading in this Act the Substance Abuse and Mental Health
9 Services Administration may waive requirements with re-
10 spect to allowable activities, timelines, or reporting require-
11 ments for the Substance Abuse Prevention and Treatment
12 Block Grant and the Community Mental Health Services
13 Block Grant as deemed necessary to facilitate a grantee’s
14 response to coronavirus: Provided further, That such
15 amount is designated by the Congress as being for an emer-
16 gency requirement pursuant to section 251(b)(2)(A)(i) of
17 the Balanced Budget and Emergency Deficit Control Act
18 of 1985.
19 CENTERS FOR MEDICARE & MEDICAID SERVICES
20 PROGRAM MANAGEMENT
21 For an additional amount for ‘‘Program Manage-
22 ment’’, $500,000,000, to prevent, prepare for, and respond
23 to coronavirus, for State strike teams for resident and em-
24 ployee safety in skilled nursing facilities and nursing facili-
25 ties, including activities to support clinical care, infection
•HR 925 EAH
100
1 control, and staffing pursuant to section 208 of division K
2 of this Act: Provided, That such amount is designated by
3 the Congress as being for an emergency requirement pursu-
4 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
5 Emergency Deficit Control Act of 1985.
6 ADMINISTRATION FOR CHILDREN AND FAMILIES
7 LOW INCOME HOME ENERGY ASSISTANCE
8 For an additional amount for ‘‘Low Income Home En-
9 ergy Assistance’’, $4,500,000,000, to prevent, prepare for,
10 and respond to coronavirus, for making payments under
11 subsection (b) of section 2602 of the Low-Income Home En-
12 ergy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Pro-
13 vided, That of the amount provided under this heading in
14 this Act, $2,250,000,000 shall be allocated as though the
15 total appropriation for such payments for fiscal year 2021
16 was less than $1,975,000,000: Provided further, That sec-
17 tion 2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B))
18 shall not apply to funds made available under this heading
19 in this Act: Provided further, That such amount is des-
20 ignated by the Congress as being for an emergency require-
21 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
22 Budget and Emergency Deficit Control Act of 1985.
•HR 925 EAH
101
1 PAYMENTS TO STATES FOR THE CHILD CARE AND
2 DEVELOPMENT BLOCK GRANT
3 For an additional amount for ‘‘Payments to States for
4 the Child Care and Development Block Grant’’,
5 $7,000,000,000, to prevent, prepare for, and respond to
6 coronavirus, including for Federal administrative expenses,
7 which shall be used to supplement, not supplant State, Ter-
8 ritory, and Tribal general revenue funds for child care as-
9 sistance for low-income families within the United States
10 (including territories) without regard to requirements in
11 sections 658E(c)(3)(D)–(E) or section 658G of the Child
12 Care and Development Block Grant Act: Provided, That
13 funds provided under this heading in this Act may be used
14 for costs of providing relief from copayments and tuition
15 payments for families and for paying that portion of the
16 child care provider’s cost ordinarily paid through family
17 copayments, to provide continued payments and assistance
18 to child care providers in the case of decreased enrollment
19 or closures related to coronavirus, and to ensure child care
20 providers are able to remain open or reopen as appropriate
21 and applicable: Provided further, That States, Territories,
22 and Tribes are encouraged to place conditions on payments
23 to child care providers that ensure that child care providers
24 use a portion of funds received to continue to pay the sala-
25 ries and wages of staff: Provided further, That lead agencies
•HR 925 EAH
102
1 shall, for the duration of the COVID–19 public health emer-
2 gency, implement enrollment and eligibility policies that
3 support the fixed costs of providing child care services by
4 delinking provider reimbursement rates from an eligible
5 child’s absence and a provider’s closure due to the COVID–
6 19 public health emergency: Provided further, That the Sec-
7 retary shall remind States that CCDBG State plans do not
8 need to be amended prior to utilizing existing authorities
9 in the Child Care and Development Block Grant Act for
10 the purposes provided herein: Provided further, That States,
11 Territories, and Tribes are authorized to use funds appro-
12 priated under this heading in this Act to provide child care
13 assistance to health care sector employees, emergency re-
14 sponders, sanitation workers, farmworkers, and other work-
15 ers deemed essential during the response to coronavirus by
16 public officials, without regard to the income eligibility re-
17 quirements of section 658P(4) of such Act: Provided further,
18 That funds appropriated under this heading in this Act
19 shall be available to eligible child care providers under sec-
20 tion 658P(6) of the CCDBG Act, even if such providers were
21 not receiving CCDBG assistance prior to the public health
22 emergency as a result of the coronavirus, for the purposes
23 of cleaning and sanitation, and other activities necessary
24 to maintain or resume the operation of programs: Provided
25 further, That no later than 60 days after the date of enact-
•HR 925 EAH
103
1 ment of this Act, each State, Territory, and Tribe that re-
2 ceives funding under this heading in this Act shall submit
3 to the Secretary a report, in such manner as the Secretary
4 may require, describing how the funds appropriated under
5 this heading in this Act will be spent and that no later
6 than 90 days after the date of enactment of this Act, the
7 Secretary shall submit to the Committees on Appropria-
8 tions of the House of Representatives and the Senate, the
9 Committee on Education and Labor of the House of Rep-
10 resentatives, and the Committee on Health, Education,
11 Labor, and Pensions of the Senate a report summarizing
12 such reports from the States, Territories, and Tribes: Pro-
13 vided further, That, no later than October 31, 2021, each
14 State, Territory, and Tribe that receives funding under this
15 heading in this Act shall submit to the Secretary a report,
16 in such manner as the Secretary may require, describing
17 how the funds appropriated under this heading in this Act
18 were spent and that no later than 60 days after receiving
19 such reports from the States, Territories, and Tribes, the
20 Secretary shall submit to the Committees on Appropria-
21 tions of the House of Representatives and the Senate, the
22 Committee on Education and Labor of the House of Rep-
23 resentatives, and the Committee on Health, Education,
24 Labor, and Pensions of the Senate a report summarizing
25 such reports from the States, Territories, and Tribes: Pro-
•HR 925 EAH
104
1 vided further, That payments made under this heading in
2 this Act may be obligated in this fiscal year or the suc-
3 ceeding two fiscal years: Provided further, That funds ap-
4 propriated under this heading in this Act may be made
5 available to restore amounts, either directly or through re-
6 imbursement, for obligations incurred to prevent, prepare
7 for, and respond to coronavirus, prior to the date of enact-
8 ment of this Act: Provided further, That such amount is
9 designated by the Congress as being for an emergency re-
10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
11 anced Budget and Emergency Deficit Control Act of 1985.
12 For an additional amount for ‘‘Payments to States for
13 the Child Care and Development Block Grant’’,
14 $50,000,000,000, for necessary expenses to carry out the
15 Child Care Stabilization Fund program, as authorized by
16 section 803 of this Act: Provided, That such funds shall be
17 available without regard to the requirements in subpara-
18 graphs (C) through (E) of section 658E(c)(3) or section
19 658G of the Child Care and Development Block Grant Act:
20 Provided further, That funds made available under this
21 heading in this Act may be made available to restore
22 amounts, either directly or through reimbursement, for obli-
23 gations incurred prior to the date of enactment of this Act
24 for the purposes provided herein: Provided further, That
25 such amount is designated by the Congress as being for an
•HR 925 EAH
105
1 emergency requirement pursuant to section 251(b)(2)(A)(i)
2 of the Balanced Budget and Emergency Deficit Control Act
3 of 1985.
4 CHILD CARE STABILIZATION FUND
5 SEC. 803. (a) DEFINITIONS.—In this section:
6 (1) CCDBG TERMS.—The terms ‘‘eligible child
7 care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’, ‘‘tribal
8 organization’’, ‘‘Secretary’’, and ‘‘State’’ have the
9 meanings given the terms in section 658P of the Child
10 Care and Development Block Grant Act of 1990 (42
11 U.S.C. 9858n) except as otherwise provided in this
12 section.
13 (2) COVID–19 PUBLIC HEALTH EMERGENCY.—
14 The term ‘‘COVID–19 public health emergency’’
15 means the public health emergency declared by the
16 Secretary of Health and Human Services under sec-
17 tion 319 of the Public Health Service Act (42 U.S.C.
18 247d) on January 31, 2020, with respect to COVID–
19 19, including any renewal of the declaration.
20 (b) GRANTS.—From the amounts appropriated to
21 carry out this section and under the authority of section
22 658O of the Child Care and Development Block Grant Act
23 of 1990 (42 U.S.C. 9858m) and this section, the Secretary
24 shall award child care stabilization grants to the lead agen-
25 cy of each State (as defined in that section 658O), territory
26 described in subsection (a)(1) of such section, Indian tribe,
•HR 925 EAH
106
1 and tribal organization from allotments and payments
2 made under subsection (c)(2), not later than 30 days after
3 the date of enactment of this Act.
4 (c) SECRETARIAL RESERVATION AND ALLOTMENTS.—
5 (1) RESERVATION.—The Secretary shall reserve
6 not more than 1 percent of the funds appropriated to
7 carry out this section for the Federal administration
8 of grants described in subsection (b). Amounts re-
9 served by the Secretary for administrative expenses
10 shall remain available until fiscal year 2024.
11 (2) ALLOTMENTS.—The Secretary shall use the
12 remainder of the funds appropriated to carry out this
13 section to award allotments to States, as defined in
14 section 658O of the Child Care Development Block
15 Grant Act of 1990 (42 U.S.C. 9858m), and payments
16 to territories, Indian tribes, and tribal organizations
17 in accordance with paragraphs (1) and (2) of sub-
18 section (a), and subsection (b), of section 658O of the
19 Child Care and Development Block Grant Act of 1990
20 (42 U.S.C. 9858m).
21 (d) STATE RESERVATIONS AND SUBGRANTS.—
22 (1) RESERVATION.—A lead agency for a State
23 that receives a child care stabilization grant pursuant
24 to subsection (b) shall reserve not more than 10 per-
25 cent of such grant funds—
•HR 925 EAH
107
1 (A) to administer subgrants made to quali-
2 fied child care providers under paragraph (2),
3 including to carry out data systems building
4 and other activities that enable the disbursement
5 of payments of such subgrants;
6 (B) to provide technical assistance and sup-
7 port in applying for and accessing the subgrant
8 opportunity under paragraph (2), to eligible
9 child care providers (including to family child
10 care providers, group home child care providers,
11 and other non-center-based child care providers,
12 providers in rural areas, and providers with
13 limited administrative capacity), either directly
14 or through resource and referral agencies or
15 staffed family child care networks;
16 (C) to publicize the availability of subgrants
17 under this section and conduct widespread out-
18 reach to eligible child care providers (including
19 family child care providers, group home child
20 care providers, and other non-center-based child
21 care providers, providers in rural areas, and
22 providers with limited administrative capacity),
23 either directly or through resource and referral
24 agencies or staffed family child care networks, to
•HR 925 EAH
108
1 ensure eligible child care providers are aware of
2 the subgrants available under this section;
3 (D) to carry out the reporting requirements
4 described in subsection (f); and
5 (E) to carry out activities to improve the
6 supply and quality of child care during and
7 after the COVID–19 public health emergency,
8 such as conducting community needs assess-
9 ments, carrying out child care cost modeling,
10 making improvements to child care facilities, in-
11 creasing access to licensure or participation in
12 the State’s tiered quality rating system, and car-
13 rying out other activities described in section
14 658G(b) of the Child Care and Development
15 Block Grant Act of 1990 (42 U.S.C. 9858e(b)), to
16 the extent that the lead agency can carry out ac-
17 tivities described in this subparagraph without
18 preventing the lead agency from fully conducting
19 the activities described in subparagraphs (A)
20 through (D).
21 (2) SUBGRANTS TO QUALIFIED CHILD CARE PRO-
22 VIDERS.—
23 (A) IN GENERAL.—The lead agency shall
24 use the remainder of the grant funds awarded
25 pursuant to subsection (b) to make subgrants to
•HR 925 EAH
109
1 qualified child care providers described in sub-
2 paragraph (B), to support the stability of the
3 child care sector during and after the COVID–
4 19 public health emergency and to ensure the
5 maintenance of a delivery system of child care
6 services throughout the State that provides for
7 child care in a variety of settings, including the
8 settings of family child care providers, and for a
9 variety of ages, including care for infants and
10 toddlers. The lead agency shall provide the
11 subgrant funds in advance of provider expendi-
12 tures for costs described in subsection (e), except
13 as provided in subsection (e)(2).
14 (B) QUALIFIED CHILD CARE PROVIDER.—
15 To be qualified to receive a subgrant under this
16 paragraph, a provider shall be an eligible child
17 care provider that—
18 (i) was providing child care services on
19 or before March 1, 2020; and
20 (ii) on the date of submission of an ap-
21 plication for the subgrant, was either—
22 (I) open and available to provide
23 child care services; or
24 (II) closed due to the COVID–19
25 public health emergency.
•HR 925 EAH
110
1 (C) SUBGRANT AMOUNT.—The lead agency
2 shall make subgrants, from amounts awarded
3 pursuant to subsection (b), to qualified child care
4 providers, and the amount of such a subgrant to
5 such a provider shall—
6 (i) be based on the provider’s stated av-
7 erage operating expenses during the period
8 (of not longer than 6 months) before March
9 1, 2020, or before the provider’s last day of
10 operation for a provider that operates sea-
11 sonally, and at minimum cover such oper-
12 ating expenses for the intended length of the
13 subgrant;
14 (ii) account for increased costs of pro-
15 viding or preparing to provide child care as
16 a result of the COVID–19 public health
17 emergency, such as provider and employee
18 compensation and existing benefits (existing
19 as of March 1, 2020) and the implementa-
20 tion of new practices related to sanitization,
21 group size limits, and social distancing;
22 (iii) be adjusted for payments or reim-
23 bursements made to an eligible child care
24 provider to carry out the Child Care and
25 Development Block Grant Act of 1990 (42
•HR 925 EAH
111
1 U.S.C. 9857 et seq.) or the Head Start Act
2 (42 U.S.C. 9831 et seq.) if the period of
3 such payments or reimbursements overlaps
4 with the period of the subgrant award; and
5 (iv) be adjusted for payments or reim-
6 bursements made to an eligible child care
7 provider through the Paycheck Protection
8 Program set forth in section 7(a)(36) of the
9 Small Business Act (15 U.S.C. 636(a)(36)),
10 as added by section 1102 of the Coronavirus
11 Aid, Relief, and Economic Security Act
12 (Public Law 116–136) if the period of such
13 payments or reimbursements overlaps with
14 the period of the subgrant award.
15 (D) APPLICATION.—
16 (i) ELIGIBILITY.—To be eligible to re-
17 ceive a subgrant under this paragraph, a
18 child care provider shall submit an applica-
19 tion to a lead agency at such time and in
20 such manner as the lead agency may re-
21 quire. Such application shall include—
22 (I) a good-faith certification that
23 the ongoing operations of the child care
24 provider have been impacted as a re-
•HR 925 EAH
112
1 sult of the COVID–19 public health
2 emergency;
3 (II) for a provider described in
4 subparagraph (B)(ii)(I), an assurance
5 that, for the duration of the subgrant—
6 (aa) the provider will give
7 priority for available slots (in-
8 cluding slots that are only tempo-
9 rarily available) to—
10 (AA) children of essen-
11 tial workers (such as health
12 care sector employees, emer-
13 gency responders, sanitation
14 workers, farmworkers, child
15 care employees, and other
16 workers determined to be es-
17 sential during the response to
18 coronavirus by public offi-
19 cials), children of workers
20 whose places of employment
21 require their attendance,
22 children experiencing home-
23 lessness, children with dis-
24 abilities, children at risk of
25 child abuse or neglect, and
•HR 925 EAH
113
1 children in foster care, in
2 States, tribal communities,
3 or localities where stay-at-
4 home or related orders are in
5 effect; or
6 (BB) children of work-
7 ers whose places of employ-
8 ment require their attend-
9 ance, children experiencing
10 homelessness, children with
11 disabilities, children at risk
12 of child abuse or neglect, chil-
13 dren in foster care, and chil-
14 dren whose parents are in
15 school or a training pro-
16 gram, in States, tribal com-
17 munities, or localities where
18 stay-at-home or related or-
19 ders are not in effect;
20 (bb) the provider will imple-
21 ment policies in line with guid-
22 ance from the Centers for Disease
23 Control and Prevention and the
24 corresponding State, tribal, and
25 local authorities, and in accord-
•HR 925 EAH
114
1 ance with State, tribal, and local
2 orders, for child care providers
3 that remain open, including guid-
4 ance on sanitization practices,
5 group size limits, and social
6 distancing;
7 (cc) for each employee, the
8 provider will pay the full com-
9 pensation described in subsection
10 (e)(1)(C), including any benefits,
11 that was provided to the employee
12 as of March 1, 2020 (referred to
13 in this clause as ‘‘full compensa-
14 tion’’), and will not take any ac-
15 tion that reduces the weekly
16 amount of the employee’s com-
17 pensation below the weekly
18 amount of full compensation, or
19 that reduces the employee’s rate of
20 compensation below the rate of
21 full compensation; and
22 (dd) the provider will pro-
23 vide relief from copayments and
24 tuition payments for the families
25 enrolled in the provider’s program
•HR 925 EAH
115
1 and prioritize such relief for fami-
2 lies struggling to make either type
3 of payments;
4 (III) for a provider described in
5 subparagraph (B)(ii)(II), an assurance
6 that—
7 (aa) for the duration of the
8 provider’s closure due to the
9 COVID–19 public health emer-
10 gency, for each employee, the pro-
11 vider will pay full compensation,
12 and will not take any action that
13 reduces the weekly amount of the
14 employee’s compensation below the
15 weekly amount of full compensa-
16 tion, or that reduces the employ-
17 ee’s rate of compensation below
18 the rate of full compensation;
19 (bb) children enrolled as of
20 March 1, 2020, will maintain
21 their slots, unless their families
22 choose to disenroll the children;
23 (cc) for the duration of the
24 provider’s closure due to the
25 COVID–19 public health emer-
•HR 925 EAH
116
1 gency, the provider will provide
2 relief from copayments and tui-
3 tion payments for the families en-
4 rolled in the provider’s program
5 and prioritize such relief for fami-
6 lies struggling to make either type
7 of payments; and
8 (dd) the provider will resume
9 operations when the provider is
10 able to safely implement policies
11 in line with guidance from the
12 Centers for Disease Control and
13 Prevention and the corresponding
14 State, tribal, and local authori-
15 ties, and in accordance with
16 State, tribal, and local orders;
17 (IV) information about the child
18 care provider’s—
19 (aa) program characteristics
20 sufficient to allow the lead agency
21 to establish the child care pro-
22 vider’s priority status, as de-
23 scribed in subparagraph (F);
•HR 925 EAH
117
1 (bb) program operational
2 status on the date of submission of
3 the application;
4 (cc) type of program, includ-
5 ing whether the program is a cen-
6 ter-based child care, family child
7 care, group home child care, or
8 other non-center-based child care
9 type program;
10 (dd) total enrollment on the
11 date of submission of the applica-
12 tion and total capacity as allowed
13 by the State and tribal authori-
14 ties; and
15 (ee) receipt of assistance, and
16 amount of assistance, through a
17 payment or reimbursement de-
18 scribed in subparagraph (C)(iv),
19 and the time period for which the
20 assistance was made;
21 (V) information necessary to de-
22 termine the amount of the subgrant,
23 such as information about the pro-
24 vider’s stated average operating ex-
•HR 925 EAH
118
1 penses over the appropriate period, de-
2 scribed in subparagraph (C)(i); and
3 (VI) such other limited informa-
4 tion as the lead agency shall determine
5 to be necessary to make subgrants to
6 qualified child care providers.
7 (ii) FREQUENCY.—The lead agency
8 shall accept and process applications sub-
9 mitted under this subparagraph on a roll-
10 ing basis.
11 (iii) UPDATES.—The lead agency
12 shall—
13 (I) at least once a month, verify
14 by obtaining a self-attestation from
15 each qualified child care provider that
16 received such a subgrant from the
17 agency, whether the provider is open
18 and available to provide child care
19 services or is closed due to the COVID–
20 19 public health emergency;
21 (II) allow the qualified child care
22 provider to update the information
23 provided in a prior application; and
24 (III) adjust the qualified child
25 care provider’s subgrant award as nec-
•HR 925 EAH
119
1 essary, based on changes to the appli-
2 cation information, including changes
3 to the provider’s operational status.
4 (iv) EXISTING APPLICATIONS.—If a
5 lead agency has established and imple-
6 mented a grant program for child care pro-
7 viders that is in effect on the date of enact-
8 ment of this Act, and an eligible child care
9 provider has already submitted an applica-
10 tion for such a grant to the lead agency
11 containing the information specified in
12 clause (i), the lead agency shall treat that
13 application as an application submitted
14 under this subparagraph. If an eligible
15 child care provider has already submitted
16 such an application containing part of the
17 information specified in clause (i), the pro-
18 vider may submit to the lead agency an ab-
19 breviated application that contains the re-
20 maining information, and the lead agency
21 shall treat the 2 applications as an applica-
22 tion submitted under this subparagraph.
23 (E) MATERIALS.—
24 (i) IN GENERAL.—The lead agency
25 shall provide the materials and other re-
•HR 925 EAH
120
1 sources related to such subgrants, including
2 a notification of subgrant opportunities and
3 application materials, to qualified child
4 care providers in the most commonly spoken
5 languages in the State.
6 (ii) APPLICATION.—The application
7 shall be accessible on the website of the lead
8 agency within 30 days after the lead agency
9 receives grant funds awarded pursuant to
10 subsection (b) and shall be accessible to all
11 eligible child care providers, including fam-
12 ily child care providers, group home child
13 care providers, and other non-center-based
14 child care providers, providers in rural
15 areas, and providers with limited adminis-
16 trative capacity.
17 (F) PRIORITY.—In making subgrants under
18 this section, the lead agency shall give priority
19 to qualified child care providers that, prior to or
20 on March 1, 2020—
21 (i) provided child care during non-
22 traditional hours;
23 (ii) served dual language learners, chil-
24 dren with disabilities, children experiencing
25 homelessness, children in foster care, chil-
•HR 925 EAH
121
1 dren from low-income families, or infants
2 and toddlers;
3 (iii) served a high proportion of chil-
4 dren whose families received subsidies under
5 the Child Care and Development Block
6 Grant Act of 1990 (42 U.S.C. 9857 et seq.)
7 for the child care; or
8 (iv) operated in communities, includ-
9 ing rural communities, with a low supply
10 of child care.
11 (G) PROVIDERS RECEIVING OTHER ASSIST-
12 ANCE.—The lead agency, in determining whether
13 a provider is a qualified child care provider,
14 shall not take into consideration receipt of a
15 payment or reimbursement described in subpara-
16 graph (C)(iii) or subparagraph (C)(iv).
17 (H) AWARDS.—The lead agency shall equi-
18 tably make subgrants under this paragraph to
19 center-based child care providers, family child
20 care providers, group home child care providers,
21 and other non-center-based child care providers,
22 such that qualified child care providers are able
23 to access the subgrant opportunity under this
24 paragraph regardless of the providers’ setting,
25 size, or administrative capacity.
•HR 925 EAH
122
1 (I) OBLIGATION.—The lead agency shall ob-
2 ligate at least 50 percent of funds available to
3 carry out this section for subgrants described in
4 this paragraph, within 6 months of the date of
5 the enactment of this Act.
6 (e) USES OF FUNDS.—
7 (1) IN GENERAL.—A qualified child care pro-
8 vider that receives funds through such a subgrant
9 may use the funds for the costs of—
10 (A) payroll;
11 (B) employee benefits, including group
12 health plan benefits during periods of paid sick,
13 medical, or family leave, and insurance pre-
14 miums;
15 (C) employee salaries or similar compensa-
16 tion, including any income or other compensa-
17 tion to a sole proprietor or independent con-
18 tractor that is a wage, commission, income, net
19 earnings from self-employment, or similar com-
20 pensation;
21 (D) employee recruitment and retention;
22 (E) payment on any mortgage obligation;
23 (F) rent (including rent under a lease
24 agreement);
25 (G) utilities and facility maintenance;
•HR 925 EAH
123
1 (H) insurance;
2 (I) providing premium pay for child care
3 providers and other employees who provide serv-
4 ices during the COVID–19 public health emer-
5 gency;
6 (J) sanitization and other costs associated
7 with cleaning;
8 (K) personal protective equipment and other
9 equipment necessary to carry out the functions of
10 the child care provider;
11 (L) training and professional development
12 related to health and safety practices, including
13 the proper implementation of policies in line
14 with guidance from the Centers for Disease Con-
15 trol and Prevention and the corresponding State,
16 tribal, and local authorities, and in accordance
17 with State, tribal, and local orders;
18 (M) purchasing or updating equipment and
19 supplies to serve children during nontraditional
20 hours
21 (N) modifications to child care services as a
22 result of the COVID–19 public health emergency,
23 such as limiting group sizes, adjusting staff-to-
24 child ratios, and implementing other heightened
25 health and safety measures;
•HR 925 EAH
124
1 (O) mental health supports for children and
2 employees; and
3 (P) other goods and services necessary to
4 maintain or resume operation of the child care
5 program, or to maintain the viability of the
6 child care provider as a going concern during
7 and after the COVID–19 public health emer-
8 gency.
9 (2) REIMBURSEMENT.—The qualified child care
10 provider may use the subgrant funds to reimburse the
11 provider for sums obligated or expended before the
12 date of enactment of this Act for the cost of a good
13 or service described in paragraph (1) to respond to
14 the COVID–19 public health emergency.
15 (f) REPORTING.—
16 (1) INITIAL REPORT.—A lead agency receiving a
17 grant under this section shall, within 60 days after
18 making the agency’s first subgrant under subsection
19 (d)(2) to a qualified child care provider, submit a re-
20 port to the Secretary that includes—
21 (A) data on qualified child care providers
22 that applied for subgrants and qualified child
23 care providers that received such subgrants, in-
24 cluding—
•HR 925 EAH
125
1 (i) the number of such applicants and
2 the number of such recipients;
3 (ii) the number and proportion of such
4 applicants and recipients that received pri-
5 ority and the characteristic or characteris-
6 tics of such applicants and recipients asso-
7 ciated with the priority;
8 (iii) the number and proportion of
9 such applicants and recipients that are—
10 (I) center-based child care pro-
11 viders;
12 (II) family child care providers;
13 (III) group home child care pro-
14 viders; or
15 (IV) other non-center-based child
16 care providers; and
17 (iv) within each of the groups listed in
18 clause (iii), the number of such applicants
19 and recipients that are, on the date of sub-
20 mission of the application—
21 (I) open and available to provide
22 child care services; or
23 (II) closed due to the COVID–19
24 public health emergency;
•HR 925 EAH
126
1 (B) the total capacity of child care pro-
2 viders that are licensed, regulated, or registered
3 in the State on the date of the submission of the
4 report;
5 (C) a description of—
6 (i) the efforts of the lead agency to pub-
7 licize the availability of subgrants under
8 this section and conduct widespread out-
9 reach to eligible child care providers about
10 such subgrants, including efforts to make
11 materials available in languages other than
12 English;
13 (ii) the lead agency’s methodology for
14 determining amounts of subgrants under
15 subsection (d)(2);
16 (iii) the lead agency’s timeline for dis-
17 bursing the subgrant funds; and
18 (iv) the lead agency’s plan for ensuring
19 that qualified child care providers that re-
20 ceive funding through such a subgrant com-
21 ply with assurances described in subsection
22 (d)(2)(D) and use funds in compliance with
23 subsection (e); and
24 (D) such other limited information as the
25 Secretary may require.
•HR 925 EAH
127
1 (2) QUARTERLY REPORT.—The lead agency
2 shall, following the submission of such initial report,
3 submit to the Secretary a report that contains the in-
4 formation described in subparagraphs (A), (B), and
5 (D) of paragraph (1) once a quarter until all funds
6 allotted for activities authorized under this section are
7 expended.
8 (3) FINAL REPORT.—Not later than 60 days
9 after a lead agency receiving a grant under this sec-
10 tion has obligated all of the grant funds (including
11 funds received under subsection (h)), the lead agency
12 shall submit a report to the Secretary, in such man-
13 ner as the Secretary may require, that includes—
14 (A) the total number of eligible child care
15 providers who were providing child care services
16 on or before March 1, 2020, in the State and the
17 number of such providers that submitted an ap-
18 plication under subsection (d)(2)(D);
19 (B) the number of qualified child care pro-
20 viders in the State that received funds through
21 the grant;
22 (C) the lead agency’s methodology for deter-
23 mining amounts of subgrants under subsection
24 (d)(2);
•HR 925 EAH
128
1 (D) the average and range of the subgrant
2 amounts by provider type (center-based child
3 care, family child care, group home child care, or
4 other non-center-based child care provider);
5 (E) the percentages of the child care pro-
6 viders that received such a subgrant, that, on or
7 before March 1, 2020—
8 (i) provided child care during non-
9 traditional hours;
10 (ii) served dual language learners, chil-
11 dren with disabilities, children experiencing
12 homelessness, children in foster care, chil-
13 dren from low-income families, or infants
14 and toddlers;
15 (iii) served a high proportion of chil-
16 dren whose families received subsidies under
17 the Child Care and Development Block
18 Grant Act of 1990 (42 U.S.C. 9857 et seq.)
19 for the child care; and
20 (iv) operated in communities, includ-
21 ing rural communities, with a low supply
22 of child care;
23 (F) the number of children served by the
24 child care providers that received such a
25 subgrant, for the duration of the subgrant;
•HR 925 EAH
129
1 (G) the percentages, of the child care pro-
2 viders that received such a subgrant, that are—
3 (i) center-based child care providers;
4 (ii) family child care providers;
5 (iii) group home child care providers;
6 or
7 (iv) other non-center-based child care
8 providers;
9 (H) the percentages, of the child care pro-
10 viders listed in subparagraph (G) that are, on
11 the date of submission of the application—
12 (i) open and available to provide child
13 care services; or
14 (ii) closed due to the COVID–19 public
15 health emergency;
16 (I) information about how child care pro-
17 viders used the funds received under such a
18 subgrant;
19 (J) information about how the lead agency
20 used funds reserved under subsection (d)(1); and
21 (K) information about how the subgrants
22 helped to stabilize the child care sector.
23 (4) REPORTS TO CONGRESS.—
24 (A) FINDINGS FROM INITIAL REPORTS.—
25 Not later than 60 days after receiving all reports
•HR 925 EAH
130
1 required to be submitted under paragraph (1),
2 the Secretary shall provide a report to the Com-
3 mittee on Education and Labor of the House of
4 Representatives, to the Committee on Health,
5 Education, Labor and Pensions of the Senate,
6 and to the Committees on Appropriations of the
7 House of Representatives and the Senate, sum-
8 marizing the findings from the reports received
9 under paragraph (1).
10 (B) FINDINGS FROM FINAL REPORTS.—Not
11 later than 36 months after the date of enactment
12 of this Act, the Secretary shall provide a report
13 to the Committee on Education and Labor of the
14 House of Representatives, to the Committee on
15 Health, Education, Labor and Pensions of the
16 Senate, and to the Committees on Appropria-
17 tions of the House of Representatives and the
18 Senate, summarizing the findings from the re-
19 ports received under paragraph (3).
20 (g) SUPPLEMENT NOT SUPPLANT.—Amounts made
21 available to carry out this section shall be used to supple-
22 ment and not supplant other Federal, State, and local pub-
23 lic funds expended to provide child care services for eligible
24 individuals, including funds provided under the Child Care
•HR 925 EAH
131
1 and Development Block Grant Act of 1990 (42 U.S.C. 9857
2 et seq.) and State child care programs.
3 (h) REALLOTMENT OF UNOBLIGATED FUNDS.—
4 (1) UNOBLIGATED FUNDS.— A State, Indian
5 tribe, or tribal organization that anticipates being
6 unable to obligate all grant funds received under this
7 section by September 30, 2022 shall notify the Sec-
8 retary, at least 60 days prior to such date, of the
9 amount of funds it anticipates being unable to obli-
10 gate by such date. A State, Indian tribe, or tribal or-
11 ganization shall return to the Secretary any grant
12 funds received under this section that the State, In-
13 dian tribe, or tribal organization does not obligate by
14 September 30, 2022.
15 (2) REALLOTMENT.—The Secretary shall award
16 new allotments and payments, in accordance with
17 subsection (c)(2), to covered States, Indian tribes, or
18 tribal organizations from funds that are returned
19 under paragraph (1) within 60 days of receiving such
20 funds. Funds made available through the new allot-
21 ments and payments shall remain available to each
22 covered State, Indian tribe, or tribal organization
23 until September 30, 2023.
24 (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL
25 ORGANIZATION.—For purposes of paragraph (2), a
•HR 925 EAH
132
1 covered State, Indian tribe, or tribal organization is
2 a State, Indian tribe, or tribal organization that re-
3 ceived an allotment or payment under this section
4 and was not required to return grant funds under
5 paragraph (1).
6 (i) EXCEPTIONS.—The Child Care and Development
7 Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), excluding
8 requirements in subparagraphs (C) through (E) of section
9 658E(c)(3), section 658G, and section 658J(c) of such Act
10 (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall apply to
11 child care services provided under this section to the extent
12 the application of such Act does not conflict with the provi-
13 sions of this section. Nothing in this Act shall be construed
14 to require a State, Indian tribe, or tribal organization to
15 submit an application, other than the application described
16 in section 658E or 658O(c) of the Child Care and Develop-
17 ment Block Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)),
18 to receive a grant under this Act.
19 (j) APPLICATION.—In carrying out the Child Care and
20 Development Block Grant Act of 1990 with funds other than
21 the funds made available under this heading in this Act,
22 the Secretary shall calculate the amounts of appropriated
23 funds described in subsections (a) and (b) of section 658O
24 of such Act (42 U.S.C. 9858m) by excluding funds made
25 available under this heading in this Act.
•HR 925 EAH
133
1 CHILDREN AND FAMILIES SERVICES PROGRAMS
2 For an additional amount for ‘‘Children and Families
3 Services Programs’’, $3,700,000,000, to prevent, prepare
4 for, and respond to coronavirus, which shall be used as fol-
5 lows:
6 (1) $1,700,000,000 for making payments under
7 the Head Start Act, including for Federal adminis-
8 trative expenses, and allocated in an amount that
9 bears the same ratio to such portion as the number
10 of enrolled children served by the agency involved
11 bears to the number of enrolled children by all Head
12 Start agencies: Provided, That none of the funds
13 made available in this paragraph shall be included in
14 the calculation of the ‘‘base grant’’ in subsequent fis-
15 cal years, as such term is defined in sections
16 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the
17 Head Start Act: Provided further, That funds made
18 available in this paragraph are not subject to the al-
19 location requirements of section 640(a) of the Head
20 Start Act;
21 (2) $100,000,000 for Family Violence Prevention
22 and Services grants as authorized by section 303(a)
23 and 303(b) of the Family Violence Prevention and
24 Services Act with such funds available to grantees
25 without regard to matching requirements under sec-
•HR 925 EAH
134
1 tion 306(c)(4) of such Act, of which $2,000,000 shall
2 be for the National Domestic Violence Hotline: Pro-
3 vided, That the Secretary of Health and Human
4 Services may make such funds available for providing
5 temporary housing and assistance to victims of fam-
6 ily, domestic, and dating violence;
7 (3) $75,000,000 for child welfare services as au-
8 thorized by subpart 1 of part B of title IV of the So-
9 cial Security Act (other than sections 426, 427, and
10 429 of such subpart), with such funds available to
11 grantees without regard to matching requirements
12 under section 424(a) of that Act or any applicable re-
13 ductions in Federal financial participation under sec-
14 tion 424(f) of that Act;
15 (4) $225,000,000 for necessary expenses for com-
16 munity-based grants for the prevention of child abuse
17 and neglect under section 209 of the Child Abuse Pre-
18 vention and Treatment Act, which the Secretary shall
19 make without regard to sections 203(b)(1) and 204(4)
20 of such Act;
21 (5) $100,000,000 for necessary expenses for the
22 Child Abuse Prevention and Treatment Act State
23 Grant program as authorized by Section 112 of such
24 Act; and
•HR 925 EAH
135
1 (6) $1,500,000,000 for necessary expenses for
2 grants to carry out the Low-Income Household Drink-
3 ing Water and Wastewater Assistance program, as de-
4 scribed in section 303 of division U of this Act:
5 Provided, That funds made available under this heading
6 in this Act may be used for the purposes provided herein
7 to reimburse costs incurred between January 20, 2020, and
8 the date of award: Provided further, That such amount is
9 designated by the Congress as being for an emergency re-
10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
11 anced Budget and Emergency Deficit Control Act of 1985.
12 ADMINISTRATION FOR COMMUNITY LIVING
13 AGING AND DISABILITY SERVICES PROGRAMS
14 For an additional amount for ‘‘Aging and Disability
15 Services Programs’’, $1,000,000,000, to prevent, prepare
16 for, and respond to the coronavirus: Provided, That of the
17 amount made available under this heading in this Act,
18 $925,000,000 shall be for activities authorized under the
19 Older Americans Act of 1965 (‘‘OAA’’), including
20 $200,000,000 for supportive services under part B of title
21 III; $480,000,000 for nutrition services under subparts 1
22 and 2 of part C of title III; $20,000,000 for nutrition serv-
23 ices under title VI; $150,000,000 for supportive services for
24 family caregivers under part E of title III; $44,000,000 for
25 evidence-based health promotion and disease prevention
•HR 925 EAH
136
1 services under part D of title III; $6,000,000 for aging net-
2 work support activities to develop targeted outreach strate-
3 gies to reach particularly at-risk populations, including
4 populations targeted under section 306(a)(4)(A)(i)(l) of
5 such Act; $20,000,000 for elder rights protection activities,
6 including the long-term ombudsman program under title
7 VII; and $5,000,000 shall be for grants to States to support
8 the network of statewide senior legal services, including ex-
9 isting senior legal hotlines, efforts to expand such hotlines
10 to all interested States, and legal assistance to providers,
11 in order to ensure seniors have access to legal assistance,
12 with such fund allotted to States consistent with paragraphs
13 (1) through (3) of section 304(a) of the OAA: Provided fur-
14 ther, That State matching requirements under sections
15 304(d)(1)(D) and 373(g)(2) of the OAA shall not apply to
16 funds made available under this heading: Provided further,
17 That of the amount made available under this heading in
18 this Act, $50,000,000 shall be for activities authorized in
19 the Developmental Disabilities Assistance and Bill of
20 Rights Act of 2000: Provided further, That of the amount
21 made available under this heading in this Act, $25,000,000
22 shall be for activities authorized in the Assistive Technology
23 Act of 2004: Provided further, That of the amount made
24 available in the preceding proviso, $5,000,000 shall be for
25 the purchase of equipment to allow interpreters to provide
•HR 925 EAH
137
1 appropriate and essential services to the hearing-impaired
2 community: Provided further, That for the purposes of the
3 funding provided in the preceding proviso, during the emer-
4 gency period described in section 1135(g)(1)(B) of the So-
5 cial Security Act, for purposes of section 4(e)(2)(A) of the
6 Assistive Technology Act of 2004, the term ‘‘targeted indi-
7 viduals and entities’’ (as that term is defined in section
8 3(16) of the Assistive Technology Act of 2004) shall be
9 deemed to include American Sign Language certified inter-
10 preters who are providing interpretation services remotely
11 for individuals with disabilities: Provided further, That
12 during such emergency period, for the purposes of the pre-
13 vious two provisos, to facilitate the ability of individuals
14 with disabilities to remain in their homes and practice so-
15 cial distancing, the Secretary shall waive the prohibitions
16 on the use of grant funds for direct payment for an assistive
17 technology device for an individual with a disability under
18 sections 4(e)(2)(A) and 4(e)(5) of such Act: Provided fur-
19 ther, That such amount is designated by the Congress as
20 being for an emergency requirement pursuant to section
21 251(b)(2)(A)(i) of the Balanced Budget and Emergency
22 Deficit Control Act of 1985.
23 For an additional amount for ‘‘Aging and Disability
24 Services Programs’’, $175,000,000, to prevent, prepare for,
•HR 925 EAH
138
1 and respond to the coronavirus, which shall be used as fol-
2 lows:
3 (1) $5,000,000 for elder abuse, neglect, and ex-
4 ploitation forensic centers, as authorized by section
5 2031(f) of the Social Security Act (42 U.S.C.
6 1397l(f));
7 (2) $14,000,000 for grants for long-term care
8 staffing and technology, as authorized by section
9 2041(d) of the Social Security Act (42 U.S.C.
10 1397m(d));
11 (3) $123,000,000 for adult protective services
12 functions and grants, as authorized by sections
13 2042(a)(2), 2042(b)(5), and 2042(c)(6) of the Social
14 Security Act (42 U.S.C. 1397m—1);
15 (4) $18,000,000 for long-term care ombudsman
16 program grants and training, as authorized by sec-
17 tions 2043(a)(2) and 2043(b)(2) of the Social Secu-
18 rity Act (42 U.S.C. 1397m—2);
19 (5) $14,000,000 for investigation systems and
20 training, as authorized by sections 6703(b)(1)(C) and
21 6703(b)(2)(C) of the Patient Protection and Afford-
22 able Care Act (42 U.S.C. 1395i—3a(b)); and
23 (6) $1,000,000 for assessment reports, as author-
24 ized by section 207 of division J of this Act:
•HR 925 EAH
139
1 Provided, That such amount is designated by the Congress
2 as being for an emergency requirement pursuant to section
3 251(b)(2)(A)(i) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985.
5 OFFICE OF THE SECRETARY
6 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
7 For an additional amount for ‘‘Public Health and So-
8 cial Services Emergency Fund’’, $21,025,000,000, to pre-
9 vent, prepare for, and respond to coronavirus, domestically
10 or internationally, including the development of necessary
11 countermeasures and vaccines, prioritizing platform-based
12 technologies with U.S.-based manufacturing capabilities,
13 the purchase of vaccines, therapeutics, diagnostics, nec-
14 essary medical supplies, as well as medical surge capacity,
15 addressing blood supply chain, workforce modernization,
16 telehealth access and infrastructure, initial advanced man-
17 ufacturing, novel dispensing, enhancements to the U.S.
18 Commissioned Corps, and other preparedness and response
19 activities: Provided, That funds appropriated under this
20 paragraph in this Act may be used to develop and dem-
21 onstrate innovations and enhancements to manufacturing
22 platforms to support such capabilities: Provided further,
23 That the Secretary of Health and Human Services shall
24 purchase vaccines developed using funds made available
25 under this paragraph in this Act to respond to an outbreak
•HR 925 EAH
140
1 or pandemic related to coronavirus in quantities deter-
2 mined by the Secretary to be adequate to address the public
3 health need: Provided further, That products purchased by
4 the Federal government with funds made available under
5 this paragraph in this Act, including vaccines, therapeutics,
6 and diagnostics, shall be purchased in accordance with Fed-
7 eral Acquisition Regulation guidance on fair and reason-
8 able pricing: Provided further, That the Secretary may take
9 such measures authorized under current law to ensure that
10 vaccines, therapeutics, and diagnostics developed from
11 funds provided in this Act will be affordable in the commer-
12 cial market: Provided further, That in carrying out the pre-
13 vious proviso, the Secretary shall not take actions that delay
14 the development of such products: Provided further, That
15 products purchased with funds appropriated under this
16 paragraph in this Act may, at the discretion of the Sec-
17 retary of Health and Human Services, be deposited in the
18 Strategic National Stockpile under section 319F–2 of the
19 Public Health Service Act: Provided further, That funds ap-
20 propriated under this paragraph in this Act may be trans-
21 ferred to, and merged with, the fund authorized by section
22 319F–4, the Covered Countermeasure Process Fund, of the
23 Public Health Service Act: Provided further, That of the
24 amount made available under this paragraph in this Act,
25 $20,000,000,000 shall be available to the Biomedical Ad-
•HR 925 EAH
141
1 vanced Research and Development Authority for necessary
2 expenses of advanced research, development, manufacturing,
3 production, and purchase of vaccines, therapeutics, and an-
4 cillary medical products to prevent the spread of SARS-
5 CoV-2 and COVID-19, as described in section 702 of divi-
6 sion K of this Act: Provided further, That of the amount
7 made available under this paragraph in this Act,
8 $500,000,000 shall be available to the Biomedical Advanced
9 Research and Development Authority for the construction,
10 renovation, or equipping of U.S.-based next generation
11 manufacturing facilities, other than facilities owned by the
12 United States Government: Provided further, That of the
13 amount made available under this paragraph in this Act,
14 $500,000,000 shall be available to the Biomedical Advanced
15 Research and Development Authority to promote innova-
16 tion in antibacterial research and development: Provided
17 further, That funds made available under this paragraph
18 in this Act may be used for grants for the rent, lease, pur-
19 chase, acquisition, construction, alteration, or renovation of
20 non-Federally owned facilities to improve preparedness and
21 response capability at the State and local level: Provided
22 further, That funds appropriated under this paragraph in
23 this Act may be used for the construction, alteration, ren-
24 ovation or equipping of non-Federally owned facilities for
25 the production of vaccines, therapeutics, diagnostics, and
•HR 925 EAH
142
1 medicines and other items purchased under section 319F–
2 2(a) of the Public Health Service Act where the Secretary
3 determines that such a contract is necessary to assure suffi-
4 cient domestic production of such supplies: Provided fur-
5 ther, That all construction, alteration, or renovation work,
6 carried out, in whole or in part, with fund appropriated
7 under this heading in this Act, the CARES Act (P.L. 116–
8 136), or the Paycheck Protection Program and Health Care
9 Enhancement Act (P.L. 116–139), shall be subject to the
10 requirements of 42 U.S.C. 300s-1(b)(1)(I): Provided further,
11 That not later than seven days after the date of enactment
12 of this Act, and weekly thereafter until the public health
13 emergency related to coronavirus is no longer in effect, the
14 Secretary shall report to the Committees on Appropriations
15 of the House of Representatives and the Senate on the cur-
16 rent inventory of ventilators and personal protective equip-
17 ment in the Strategic National Stockpile, including the
18 numbers of face shields, gloves, goggles and glasses, gowns,
19 head covers, masks, and respirators, as well as deployment
20 of ventilators and personal protective equipment during the
21 previous week, reported by state and other jurisdiction: Pro-
22 vided further, That not later than the first Monday in Feb-
23 ruary of fiscal year 2021 and each fiscal year thereafter,
24 the Secretary shall include in the annual budget submission
25 for the Department, and submit to the Congress, the Sec-
•HR 925 EAH
143
1 retary’s request with respect to expenditures necessary to
2 maintain the minimum level of relevant supplies in the
3 Strategic National Stockpile, including in case of a signifi-
4 cant pandemic, in consultation with the working group
5 under section 319F(a) of the Public Health Service Act and
6 the Public Health Emergency Medical Countermeasures
7 Enterprise established under section 2811–1 of such Act:
8 Provided further, That such amount is designated by the
9 Congress as being for an emergency requirement pursuant
10 to section 251(b)(2)(A)(i) of the Balanced Budget and
11 Emergency Deficit Control Act of 1985.
12 For an additional amount for ‘‘Public Health and So-
13 cial Services Emergency Fund’’, $50,000,000,000, to re-
14 main available until expended, to prevent, prepare for, and
15 respond to coronavirus, for necessary expenses to make pay-
16 ments under the Health Care Provider Relief Fund as de-
17 scribed in section 611 of division K of this Act: Provided,
18 That such amount is designated by the Congress as being
19 for an emergency requirement pursuant to section
20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
22 For an additional amount for ‘‘Public Health and So-
23 cial Services Emergency Fund’’, $75,000,000,000, to re-
24 main available until expended, to prevent, prepare for, and
25 respond to coronavirus, for necessary expenses to carry out
•HR 925 EAH
144
1 the COVID–19 National Testing and Contact Tracing Ini-
2 tiative, as described in subtitle D of title V of division K
3 of this Act: Provided, That such amount is designated by
4 the Congress as being for an emergency requirement pursu-
5 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
6 Emergency Deficit Control Act of 1985.
7 DEPARTMENT OF EDUCATION
8 STATE FISCAL STABILIZATION FUND
9 For an additional amount for ‘‘State Fiscal Stabiliza-
10 tion Fund’’, $208,058,000,000, to prevent, prepare for, and
11 respond to coronavirus: Provided, That the Secretary of
12 Education (referred to under this heading as ‘‘Secretary’’)
13 shall make grants to the Governor of each State for support
14 of elementary, secondary, and postsecondary education and,
15 as applicable, early childhood education programs and serv-
16 ices: Provided further, That of the amount made available,
17 the Secretary shall first allocate up to one-half of 1 percent
18 to the outlying areas and one-half of 1 percent to the Bu-
19 reau of Indian Education (‘‘BIE’’) for BIE-funded schools
20 and Tribal Colleges or Universities for activities consistent
21 with this heading under such terms and conditions as the
22 Secretary may determine and in consultation with the Sec-
23 retary of the Interior: Provided further, That the Secretary
24 may reserve up to $30,000,000 for administration and over-
25 sight of the activities under this heading: Provided further,
•HR 925 EAH
145
1 That the Secretary shall allocate 61 percent of the remain-
2 ing funds made available to carry out this heading to the
3 States on the basis of their relative population of individ-
4 uals aged 5 through 24 and allocate 39 percent on the basis
5 of their relative number of children counted under section
6 1124(c) of the Elementary and Secondary Education Act
7 of 1965 (referred to under this heading as ‘‘ESEA’’) as
8 State grants: Provided further, That State grants shall sup-
9 port statewide elementary, secondary, and postsecondary
10 activities; subgrants to local educational agencies; and, sub-
11 grants to public institutions of higher education: Provided
12 further, That States shall allocate 85 percent of the funds
13 received under the fourth proviso as subgrants to local edu-
14 cational agencies in proportion to the amount of funds such
15 local educational agencies received under part A of title I
16 of the ESEA in the most recent fiscal year: Provided fur-
17 ther, That subgrants provided under the preceding proviso
18 shall be administered by State educational agencies: Pro-
19 vided further, That States shall allocate 13 percent of the
20 funds received under the fourth proviso as subgrants to pub-
21 lic institutions of higher education, of which 75 percent
22 shall be apportioned according to the relative share in the
23 State of students who received Pell Grants who are not ex-
24 clusively enrolled in distance education courses prior to the
25 coronavirus emergency at the institution in the previous
•HR 925 EAH
146
1 award year and 25 percent shall be apportioned according
2 to the relative share in the State of the total enrollment of
3 students at the institution who are not exclusively enrolled
4 in distance education courses prior to the coronavirus emer-
5 gency at the institution in the previous award year: Pro-
6 vided further, That the Governor may use any funds re-
7 ceived under the fourth proviso that are not specifically re-
8 served under this heading for additional support to elemen-
9 tary, secondary, and postsecondary education, including
10 supports for under-resourced institutions, institutions with
11 high burden due to the coronavirus, and institutions who
12 did not possess distance education capabilities prior to the
13 coronavirus emergency: Provided further, That the Gov-
14 ernor shall return to the Secretary any funds received that
15 the Governor does not award to local educational agencies
16 and public institutions of higher education or otherwise
17 commit within two years of receiving such funds, and the
18 Secretary shall reallocate such funds to the remaining
19 States in accordance with the fourth proviso: Provided fur-
20 ther, That Governors shall use State grants and subgrants
21 to maintain or restore State and local fiscal support for
22 elementary, secondary and postsecondary education: Pro-
23 vided further, That funds for local educational agencies
24 may be used for any activity authorized by the ESEA, in-
25 cluding the Native Hawaiian Education Act and the Alaska
•HR 925 EAH
147
1 Native Educational Equity, Support, and Assistance Act,
2 the Individuals with Disabilities Education Act (‘‘IDEA’’),
3 subtitle B of title VII of the McKinney-Vento Homeless As-
4 sistance Act, the Adult Education and Family Literacy Act
5 or the Carl D. Perkins Career and Technical Education Act
6 of 2006 (‘‘the Perkins Act’’): Provided further, That a State
7 or local educational agency receiving funds under this head-
8 ing may use the funds for activities coordinated with State,
9 local, tribal, and territorial public health departments to
10 detect, prevent, or mitigate the spread of infectious disease
11 or otherwise respond to coronavirus; support online learn-
12 ing by purchasing educational technology and internet ac-
13 cess for students, which may include assistive technology or
14 adaptive equipment, that aids in regular and substantive
15 educational interactions between students and their class-
16 room instructor; provide ongoing professional development
17 to staff in how to effectively provide quality online aca-
18 demic instruction; provide assistance for children and fami-
19 lies to promote equitable participation in quality online
20 learning; plan and implement activities related to supple-
21 mental afterschool programs and summer learning, includ-
22 ing providing classroom instruction or quality online learn-
23 ing during the summer months; plan for and coordinate
24 during long-term closures, provide technology for quality
25 online learning to all students, and how to support the
•HR 925 EAH
148
1 needs of low-income students, racial and ethnic minorities,
2 students with disabilities, English learners (including
3 through such activities as are authorized under Title III
4 of the ESEA, such as ensuring the access of English learners
5 to online learning, supporting professional development on
6 digital instruction for English learners, engagement with
7 the parents of English learners, expanded summer and
8 after-school programs, and mental health supports), stu-
9 dents experiencing homelessness, and children in foster care,
10 including how to address learning gaps that are created or
11 exacerbated due to long-term closures; support the con-
12 tinuity of student engagement through social and emotional
13 learning; and other activities that are necessary to main-
14 tain the operation of and continuity of services in local edu-
15 cational agencies, including maintaining employment of
16 existing personnel, and reimbursement for eligible costs in-
17 curred during the national emergency: Provided further,
18 That a public institution of higher education that receives
19 funds under this heading shall use funds for education and
20 general expenditures (including defraying expenses due to
21 lost revenue, reimbursement for expenses already incurred,
22 and payroll) and grants to students for expenses directly
23 related to coronavirus and the disruption of campus oper-
24 ations (which may include emergency financial aid to stu-
25 dents for tuition, food, housing, technology, health care, and
•HR 925 EAH
149
1 child care costs that shall not be required to be repaid by
2 such students) or for the acquisition of technology and serv-
3 ices directly related to the need for distance education and
4 the training of faculty and staff to use such technology and
5 services (which shall not include payment to contractors for
6 the provision of pre-enrollment recruitment activities): Pro-
7 vided further, That an institution of higher education may
8 not use funds received under this heading to increase its
9 endowment or provide funding for capital outlays associ-
10 ated with facilities related to athletics, sectarian instruc-
11 tion, or religious worship: Provided further, That funds
12 may be used to support hourly workers, such as education
13 support professionals, classified school employees, and ad-
14 junct and contingent faculty: Provided further, That a Gov-
15 ernor of a State desiring to receive an allocation under this
16 heading shall submit an application at such time, in such
17 manner, and containing such information as the Secretary
18 may reasonably require: Provided further, That the Sec-
19 retary shall issue a notice inviting applications not later
20 than 15 days after the date of enactment of this Act: Pro-
21 vided further, That any State receiving funding under this
22 heading shall maintain its percent of total spending on ele-
23 mentary, secondary, and postsecondary education in fiscal
24 year 2019 for fiscal years 2020, 2021, and 2022: Provided
25 further, That a State’s application shall include assurances
•HR 925 EAH
150
1 that the State will maintain support for elementary and
2 secondary education in fiscal year 2020, fiscal year 2021,
3 and fiscal year 2022 at least at the level of such support
4 that is the average of such State’s support for elementary
5 and secondary education in the 3 fiscal years preceding the
6 fiscal year for which State support for elementary and sec-
7 ondary education is provided: Provided further, That any
8 State receiving funding under this heading shall maintain
9 or exceed its per pupil spending on elementary and sec-
10 ondary education in fiscal year 2019 or the proportion of
11 such State’s spending on elementary and secondary edu-
12 cation in fiscal year 2019 for fiscal years 2020, 2021, and
13 2022: Provided further, That a State educational agency
14 shall only be eligible to receive funds under this Act if the
15 State in which such agency is located, in either of fiscal
16 years 2021 and 2022, does not reduce State funding for a
17 high-need local educational agency (defined as a local edu-
18 cational agency that has a higher percentage of economi-
19 cally disadvantaged students than the median local edu-
20 cational agency in the state) such that the per-pupil reduc-
21 tion in State funds in each such high-need local educational
22 agency is more than the overall per-pupil reduction in State
23 funds, as calculated by the total reduction in State funds
24 provided to all local educational agencies in the State di-
25 vided by the total student enrollment across all local edu-
•HR 925 EAH
151
1 cational agencies in the State: Provided further, That a
2 State’s application shall include assurances that the State
3 will maintain State support for higher education (not in-
4 cluding support for capital projects or for research and de-
5 velopment or tuition and fees paid by students) in fiscal
6 year 2020, fiscal year 2021, and fiscal year 2022 at least
7 at the level of such support that is the average of such
8 State’s support for higher education (which shall include
9 State and local government funding to institutions of higher
10 education and state financial aid) in the 3 fiscal years pre-
11 ceding the fiscal year for which State support for higher
12 education is provided, and that any such State’s support
13 for higher education funding, as calculated as spending for
14 public higher education per full-time equivalent student,
15 shall be at least the same in fiscal year 2022 as it was
16 in fiscal year 2019: Provided further, That in such applica-
17 tion, the Governor shall provide baseline data that dem-
18 onstrates the State’s current status in each of the areas de-
19 scribed in such assurances in the preceding provisos: Pro-
20 vided further, That a State’s application shall include as-
21 surances that the State will not construe any provisions
22 under this heading as displacing any otherwise applicable
23 provision of any collective-bargaining agreement between
24 an eligible entity and a labor organization as defined by
25 section 2(5) of the National Labor Relations Act (29 U.S.C.
•HR 925 EAH
152
1 152(5)) or analogous State law: Provided further, That a
2 State’s application shall include assurances that the State
3 shall maintain the wages, benefits, and other terms and con-
4 ditions of employment set forth in any collective-bargaining
5 agreement between the eligible entity and a labor organiza-
6 tion, as defined in the preceding proviso: Provided further,
7 That a State’s application shall include assurances that all
8 students with disabilities (as defined by section 602 of
9 IDEA) are afforded their full rights under IDEA, including
10 all rights and services outlined in individualized education
11 programs (‘‘IEPs’’) (as defined in section 614(d) of IDEA),
12 individualized family services plans (as defined by section
13 636 of IDEA), and in section 504 of the Rehabilitation Act
14 of 1973: Provided further, That a State receiving funds
15 under this heading shall submit a report to the Secretary,
16 at such time and in such manner as the Secretary may
17 require, that describes the use of funds provided under this
18 heading: Provided further, That no recipient of funds under
19 this heading shall use funds to provide financial assistance
20 to students to attend private elementary or secondary
21 schools, unless such funds are used to provide special edu-
22 cation and related services to children with disabilities
23 whose IEPs require such placement, and where the school
24 district maintains responsibility for providing such chil-
25 dren a free appropriate public education, as authorized by
•HR 925 EAH
153
1 IDEA: Provided further, That a local educational agency,
2 State, institution of higher education, or other entity that
3 receives funds under ‘‘State Fiscal Stabilization Fund’’,
4 shall to the greatest extent practicable, continue to pay its
5 employees and contractors during the period of any disrup-
6 tions or closures related to coronavirus: Provided further,
7 That the terms ‘‘elementary education’’ and ‘‘secondary
8 education’’ have the meaning given such terms under State
9 law: Provided further, That the term ‘‘institution of higher
10 education’’ has the meaning given such term in section 101
11 of the Higher Education Act of 1965: Provided further, That
12 the term ‘‘fiscal year’’ shall have the meaning given such
13 term under State law: Provided further, That the term
14 ‘‘State’’ means each of the 50 States, the District of Colum-
15 bia, and the Commonwealth of Puerto Rico: Provided fur-
16 ther, That such amount is designated by the Congress as
17 being for an emergency requirement pursuant to section
18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY
21 FACILITIES AID
22 For an additional amount for ‘‘Elementary and Sec-
23 ondary School Emergency Facilities Aid’’, $5,000,000,000
24 to prevent, prepare for, and respond to coronavirus: Pro-
25 vided, That such amount is designated by the Congress as
•HR 925 EAH
154
1 being for an emergency requirement pursuant to section
2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4 ADMINISTRATIVE PROVISION—ELEMENTARY AND
5 SECONDARY SCHOOL EMERGENCY FACILITIES AID
6 SEC. 804. (a)(1) GRANTS.—From the amount made
7 available under this heading in this Act, the Secretary shall
8 make elementary and secondary school emergency facilities
9 grants to each State educational agency with an approved
10 application. The Secretary shall issue a notice inviting ap-
11 plications not later than 30 days of enactment of this Act
12 and approve or deny applications not later than 30 days
13 after receipt.
14 (2) For purposes of this section, a State des-
15 ignated agency shall mean the State educational
16 agency, unless the Governor of a State designates a
17 State agency other than the educational agency as re-
18 sponsible for school facilities improvement under this
19 section and informs the Secretary of such designation
20 and the term ‘‘State’’ means each of the 50 States, the
21 District of Columbia, and the Commonwealth of Puer-
22 to Rico .
23 (b)(1) ALLOCATIONS TO STATES.—The amount of each
24 grant under subsection (a) shall be allocated by the Sec-
25 retary to each State in the same proportion as each State
•HR 925 EAH
155
1 received under part A of title I of the ESEA of 1965 in
2 the most recent fiscal year.
3 (2) STATE RESERVATION.—A State may reserve
4 not more than 1⁄2 of 1 percent for administration
5 costs.
6 (3) RESERVATION FOR OUTLYING AREAS AND BU-
7 REAU OF INDIAN EDUCATION-FUNDED SCHOOLS.—The
8 Secretary shall reserve from the amount made avail-
9 able under this heading in this Act—
10 (A) one-half of 1 percent, to provide assist-
11 ance to the outlying areas; and
12 (B) one-half of 1 percent, for payments to
13 the Secretary of the Interior to provide assist-
14 ance to Bureau of Indian Education-funded
15 schools.
16 (c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
17 Within 60 days of the State’s approved application under
18 paragraph (a), each State shall allocate the remaining
19 grant funds awarded to the State under this section as sub-
20 grants to local educational agencies in the State, with the
21 grant funds allocated to the local educational agencies with
22 the highest percentages of students eligible for a free or re-
23 duced price lunch under the Richard B. Russell National
24 School Lunch Act (42. U.S.C. 1751 et. seq.) with the public
•HR 925 EAH
156
1 school facilities with the highest needs related to the
2 coronavirus as determined by the State.
3 (1) PUBLIC NOTICE.—The State educational
4 agency shall make subgrant information available to
5 the public on the State educational agency website,
6 including the local educational agencies that received
7 subgrant awards and the amounts provided to each
8 local educational agency.
9 (2) SUBGRANT APPLICATIONS.—To be considered
10 for a subgrant under this section, a qualified local
11 educational agency shall submit an application to the
12 State educational agency that shall include at min-
13 imum—
14 (A) a description of the coronavirus-related
15 school facility needs within the local educational
16 agency; and
17 (B) an estimate of how much addressing the
18 coronavirus-related facility needs will cost.
19 (d) USES OF FUNDS.—A local educational agency that
20 receives funds under this section may use the funds for any
21 of the following:
22 (1) School facility repairs and improvements to
23 enable operation of schools to reduce risk of virus
24 transmission and exposure to environmental health
25 hazards, and to support student health needs.
•HR 925 EAH
157
1 (2) Inspection, testing, maintenance, repair, re-
2 placement, and upgrade projects to improve the in-
3 door air quality in school facilities, including me-
4 chanical and non-mechanical heating, ventilation,
5 and air conditioning systems, filtering, purification
6 and other air cleaning, fans, control systems, and
7 window and door repair and replacement.
8 (3) School facility repairs and improvements to
9 support improved personal hygiene, such as repair,
10 replacement, and installation of sinks for hand wash-
11 ing and touchless water dispensers for drinking, and
12 health isolation areas.
13 (4) Inspection, testing, maintenance, repair, and
14 replacement of school facility potable water systems to
15 provide safe drinking water after prolonged shutoffs.
16 (5) Improvements to finishes, such as painting
17 and other surface repair, needed to enable effective
18 sanitizing.
19 (6) Improvements to school grounds needed to en-
20 able outdoor instruction and other physically
21 distanced school activities.
22 (7) Training of school facility staff in associa-
23 tion with the above uses of funds.
•HR 925 EAH
158
1 (8) Planning, assessment, management, design,
2 renovation, repair and construction activities in asso-
3 ciation with the above uses of funds.
4 (9) Inspection, testing, maintenance, repair, re-
5 placement, and upgrade projects to electrical systems
6 to allow or improve information technology to provide
7 virtual education.
8 (e) PRIORITY.—A local educational agency that re-
9 ceives funds under this section shall prioritize funds for its
10 school facilities that have the most significant facility im-
11 provement needs with respect to responding to covid-19, in-
12 cluding those identified by the Centers for Disease Control
13 and Prevention.
14 (f) REPORTING.—(1) The local educational agency
15 shall include the following information in a report to the
16 State educational agency within 60 days of receipt of grant
17 funds—
18 (A) which schools benefitted from the funds in
19 this section;
20 (B) how much funding each selected school re-
21 ceived; and
22 (C) a description of how the grant funds were
23 used.
•HR 925 EAH
159
1 (2) The State educational agency shall include the fol-
2 lowing information in a report to the Secretary within 6
3 months of receipt of grant funds—
4 (A) which local educational agencies received
5 funding;
6 (B) how much funding was awarded to each re-
7 ceiving local educational agency; and
8 (C) a summary on the uses of funds for projects
9 receiving funds under this section, including the
10 amount of local or state funds, if any, applied to
11 projects.
12 (3) The Secretary shall prepare and submit a report
13 to the Committees on Appropriations of the House of Rep-
14 resentatives and the Senate, the Committee on Education
15 and Labor of the House of Representatives, and the Com-
16 mittee on Health, Education, Labor and Pensions of the
17 Senate within 10 months of the date of enactment of this
18 Act, that includes a summary of the types of projects that
19 were funded with the grants.
20 HIGHER EDUCATION
21 For an additional amount for ‘‘Higher Education’’,
22 $11,942,000,000 to prevent, prepare for, and respond to
23 coronavirus, of which $11,000,000 shall be transferred to
24 ‘‘National Technical Institute for the Deaf’’ to help defray
25 expenses (which may include lost revenue, reimbursement
•HR 925 EAH
160
1 for expenses already incurred, technology costs associated
2 with a transition to distance education, sign language and
3 captioning costs associated with a transition to distance
4 education, faculty and staff trainings, and payroll) directly
5 caused by coronavirus and to enable emergency financial
6 aid to students for expenses directly related to coronavirus
7 and the disruption of university operations (which may in-
8 clude food, housing, transportation, technology, health care,
9 and child care), of which $20,000,000 shall be transferred
10 to ‘‘Howard University’’ to help defray expenses (which
11 may include lost revenue, reimbursement for expenses al-
12 ready incurred, technology costs associated with a transi-
13 tion to distance education, technology costs associated with
14 a transition to distance education, faculty and staff
15 trainings, and payroll) directly related to coronavirus and
16 to enable grants to students for expenses directly related to
17 coronavirus and the disruption of university operations
18 (which may include food, housing, transportation, tech-
19 nology, health care, and child care), of which $11,000,000
20 shall be transferred to ‘‘Gallaudet University’’ to help de-
21 fray expenses (which may include lost revenue, reimburse-
22 ment for expenses already incurred, technology costs associ-
23 ated with a transition to distance education, sign language
24 and captioning costs associated with a transition to dis-
25 tance education, faculty and staff trainings, and payroll)
•HR 925 EAH
161
1 directly related to coronavirus and to enable grants to stu-
2 dents for expenses directly related to coronavirus and the
3 disruption of university operations (which may include
4 food, housing, transportation, technology, health care, and
5 child care), and of which the remaining amounts shall be
6 used to carry out parts A and B of title III, parts A and
7 B of title V, subpart 4 of part A of title VII, and part B
8 of title VII of the Higher Education Act of 1965 (‘‘HEA’’)
9 as follows:
10 (1) $3,500,000,000 for parts A and B of title III,
11 parts A and B of title V, and subpart 4 of part A
12 of title VII of the HEA to address needs directly re-
13 lated to coronavirus: Provided, That such amount
14 shall be allocated by the Secretary proportionally to
15 such programs covered under this paragraph and
16 based on the relative share of funding appropriated to
17 such programs in the Further Consolidated Appro-
18 priations Act, 2020 (Public Law 116–94) and distrib-
19 uted to institutions of higher education as follows:
20 (A) Except as otherwise provided in sub-
21 paragraph (B), for eligible institutions under
22 part B of title III and subpart 4 of part A of
23 title VII of the Higher Education Act, the Sec-
24 retary shall allot to each eligible institution an
25 amount using the following formula:
•HR 925 EAH
162
1 (i) 70 percent according to a ratio
2 equivalent to the number of Pell Grant re-
3 cipients in attendance at such institution at
4 the end of the school year preceding the be-
5 ginning of that fiscal year and the total
6 number of Pell Grant recipients at all such
7 institutions;
8 (ii) 20 percent according to a ratio
9 equivalent to the total number of students
10 enrolled at such institution at the end of the
11 school year preceding the beginning of that
12 fiscal year and the number of students en-
13 rolled at all such institutions; and
14 (iii) 10 percent according to a ratio
15 equivalent to the total endowment size at all
16 eligible institutions at the end of the school
17 year preceding the beginning of that fiscal
18 year and the total endowment size at such
19 institutions;
20 (B) For eligible institutions under section
21 326 of the Higher Education Act, the Secretary
22 shall allot to each eligible institution an amount
23 in proportion to the award received from fund-
24 ing for such institutions in the Further Consoli-
•HR 925 EAH
163
1 dated Appropriations Act, 2020 (Public Law
2 116–94);
3 (C) For eligible institutions under section
4 316 of the Higher Education Act, the Secretary
5 shall allot funding according to the formula in
6 section 316(d)(3) of the Higher Education Act;
7 (D) Notwithstanding section 318(f) of the
8 Higher Education Act, for eligible institutions
9 under section 318 of the Higher Education Act,
10 the Secretary shall allot funding according to the
11 formula in section 318(e) of the Higher Edu-
12 cation Act;
13 (E) Except as provided in subparagraphs
14 (C) and (D), for eligible institutions under part
15 A of title III of the Higher Education Act and
16 parts A and B of title V, the Secretary shall
17 issue an application for eligible institutions to
18 demonstrate unmet need, and the Secretary shall
19 allow eligible institutions to apply for funds
20 under one of the programs for which they are eli-
21 gible.
22 (2) $8,400,000,000 for part B of title VII of the
23 HEA for institutions of higher education (as defined
24 in section 101 or 102(c) of the HEA) to address needs
25 directly related to coronavirus as follows:
•HR 925 EAH
164
1 (A) $7,000,000,000 shall be provided to pri-
2 vate, nonprofit institutions of higher education,
3 by apportioning—
4 (i) 75 percent according to the relative
5 share of enrollment of Federal Pell Grant
6 recipients who are not exclusively enrolled
7 in distance education courses prior to the
8 coronavirus emergency; and
9 (ii) 25 percent according to the relative
10 share of the total enrollment of students who
11 were not Federal Pell Grant recipients who
12 are not exclusively enrolled in distance edu-
13 cation courses prior to the coronavirus
14 emergency.
15 (B) $1,400,000,000 shall be for institutions
16 of higher education with unmet need related to
17 the coronavirus, including institutions of higher
18 education that offer their courses and programs
19 exclusively through distance education:
20 Provided, That funds shall be used to make payments to
21 such institutions to provide emergency grants to students
22 who attended such institutions at any point during the
23 coronavirus emergency and for any component of the stu-
24 dent’s cost of attendance (as defined under section 472 of
25 the HEA), including tuition, food, housing, course mate-
•HR 925 EAH
165
1 rials, technology, health care, and child care): Provided fur-
2 ther, That institutions of higher education may use such
3 funds to defray expenses (including lost revenue, reimburse-
4 ment for expenses already incurred, technology costs associ-
5 ated with a transition to distance education, faculty and
6 staff trainings, and payroll) incurred by institutions of
7 higher education: Provided further, That such payments
8 shall not be used to increase endowments, to pay contractors
9 for the provision of pre-enrollment recruitment activities,
10 or provide funding for capital outlays associated with fa-
11 cilities related to athletics, sectarian instruction, or reli-
12 gious worship: Provided further, That any private, non-
13 profit institution of higher education that is not otherwise
14 eligible for a grant of at least $1,000,000 under paragraph
15 (2)(A)(ii) of this heading and has a total enrollment of at
16 least 500 students shall be eligible to receive, from amounts
17 reserved under paragraph (2)(A)(i), an amount equal to
18 whichever is the lesser of the total loss of revenue and in-
19 creased costs associated with the coronavirus or $1,000,000:
20 Provided further, That of the funds provided under para-
21 graph 2(B), the Secretary shall make an application avail-
22 able for institutions of higher education to demonstrate
23 unmet need, which shall include for this purpose a dramatic
24 decline in revenue as a result of campus closure, exceptional
25 costs or challenges implementing distance education plat-
•HR 925 EAH
166
1 forms due to lack of a technological infrastructure, serving
2 a large percentage of students who lack access to adequate
3 technology to move to distance education, serving a region
4 or community that has been especially impacted by in-
5 creased unemployment and displaced workers, serving com-
6 munities or regions where the number of coronavirus cases
7 has imposed exceptional costs on the institution, and other
8 criteria that the Secretary shall identify after consultation
9 with institutions of higher education or their representa-
10 tives: Provided further, That no institution may receive an
11 award under the preceding proviso unless it has submitted
12 an application that describes the impact of the coronavirus
13 on the institution and the ways that the institution will
14 use the funds to ameliorate such impact: Provided further,
15 That the Secretary shall reallocate any funds received from
16 an institution to remaining institutions in accordance with
17 paragraph 2(A): Provided further, That the Secretary shall
18 brief the Committees on Appropriations fifteen days in ad-
19 vance of making any application available for funds under
20 paragraph (2)(B): Provided further, That such amount is
21 designated by the Congress as being for an emergency re-
22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
23 anced Budget and Emergency Deficit Control Act of 1985.
•HR 925 EAH
167
1 INSTITUTE OF EDUCATION SCIENCES
2 For an additional amount for ‘‘Institute of Education
3 Sciences’’, $32,000,000 to prevent, prepare for, and respond
4 to coronavirus for carrying out the National Assessment of
5 Educational Progress Authorization Act (title III of Public
6 Law 107–279): Provided, That such amount is designated
7 by the Congress as being for an emergency requirement pur-
8 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 DEPARTMENTAL MANAGEMENT
11 OFFICE OF INSPECTOR GENERAL
12 For an additional amount for ‘‘Office of Inspector
13 General’’, $7,000,000, to remain available until expended,
14 to prevent, prepare for, and respond to coronavirus, includ-
15 ing for salaries and expenses necessary for oversight, inves-
16 tigations and audits of programs, grants, and projects fund-
17 ed in this Act to respond to coronavirus: Provided, That
18 such amount is designated by the Congress as being for an
19 emergency requirement pursuant to section 251(b)(2)(A)(i)
20 of the Balanced Budget and Emergency Deficit Control Act
21 of 1985.
22 GENERAL PROVISIONS—DEPARTMENT OF EDUCATION
23 SEC. 805. The remaining unobligated balances of funds
24 made available to ‘‘Department of Education—Office of In-
25 spector General’’ in title VIII of division B of the CARES
•HR 925 EAH
168
1 Act (Public Law 116–136) are hereby rescinded, and an
2 amount of additional new budget authority equivalent to
3 the amount rescinded is hereby appropriated, for an addi-
4 tional amount for fiscal year 2021, to remain available
5 until expended, for the same purposes and under the same
6 authorities as they were originally appropriated, and shall
7 be in addition to any other funds available for such pur-
8 poses: Provided, That the amounts appropriated by this sec-
9 tion may also be used for investigations and are available
10 until expended: Provided further, That amounts rescinded
11 pursuant to this section that were previously designated by
12 the Congress as an emergency requirement pursuant to the
13 Balanced Budget and Emergency Deficit Control Act of
14 1985 are designated by the Congress as being for an emer-
15 gency requirement pursuant to section 251(b)(2)(A)(i) of
16 the Balanced Budget and Emergency Deficit Control Act
17 of 1985: Provided further, That such amount is designated
18 by the Congress as being for an emergency requirement pur-
19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 SEC. 806. Section 18004(c) of the Coronavirus Aid,
22 Relief, and Economic Security Act (P.L. 116–136) is
23 amended by striking ‘‘to cover any costs associated with sig-
24 nificant changes to the delivery of instruction due to the
25 coronavirus’’ and inserting ‘‘to defray expenses (including
•HR 925 EAH
169
1 lost revenue, reimbursement for expenses already incurred,
2 technology costs associated with a transition to distance
3 education, faculty and staff trainings, payroll) incurred by
4 institutions of higher education.’’: Provided, That amounts
5 repurposed pursuant to the amendment made by this sec-
6 tion that were previously designated by the Congress as an
7 emergency requirement pursuant to the Balanced Budget
8 and Emergency Deficit Control Act of 1985 are designated
9 by the Congress as an emergency requirement pursuant to
10 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
11 gency Deficit Control Act of 1985.
12 SEC. 807. With respect to the allocation and award
13 of funds under this title, the Secretary of Education is pro-
14 hibited from—
15 (a) establishing a priority or preference not specified
16 in this title; and
17 (b) imposing limits on the use of such funds not speci-
18 fied in this title.
19 SEC. 808. (a) LOCAL ACTIVITIES AND IN-PERSON
20 CARE.—Notwithstanding each provision in part B of title
21 IV of the Elementary and Secondary Education Act of 1965
22 (20 U.S.C. 7171 et seq.) that requires activities under such
23 part to be carried out during nonschool hours or periods
24 when school is not in session, for school year 2020–2021,
25 an eligible entity that is awarded a subgrant under section
•HR 925 EAH
170
1 4204 of such Act (20 U.S.C. 7174) for community learning
2 centers may use such subgrant funds—
3 (1) to carry out activities described in section
4 4205 of such Act (20 U.S.C. 7175), regardless of
5 whether such activities are conducted in-person or
6 virtually, or during school hours or when school is in
7 session; and
8 (2) to provide in-person care during—
9 (A) the regular school day for students eligi-
10 ble to receive services under part B of title IV of
11 such Act (20 U.S.C. 7171 et seq.); and
12 (B) a period in which full-time in-person
13 instruction is not available for all such students
14 served by such eligible entity.
15 (b) REQUIREMENTS.—An eligible entity may carry out
16 the activities described in subsection (a)(1) and the in-per-
17 son care described in subsection (a)(2) if—
18 (1) such activities and in-person care supple-
19 ment but do not supplant regular school day require-
20 ments;
21 (2) such eligible entity complies with section
22 4204(b)(2)(D) of the Elementary and Secondary Edu-
23 cation Act of 1965 (20 U.S.C. 7174(b)(2)(D)) with re-
24 spect to the activities carried out pursuant to this
25 Act; and
•HR 925 EAH
171
1 (3) such eligible entity specifies in an applica-
2 tion for a subgrant under section 4204(b) of such Act
3 (20 U.S.C. 7174(b)) with respect to such school year
4 (or in an addendum to such application) how the
5 subgrant funds will be used to carry out such activi-
6 ties or to provide such in-person care, or both.
7 (c) EMERGENCY DESIGNATION.—The amounts pro-
8 vided by this section are designated by the Congress as being
9 for an emergency requirement pursuant to section
10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12 SEC. 809. The Secretary of Education may allow funds
13 appropriated for grants under part B of title I and title
14 VI of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
15 for fiscal year 2020 to be available for obligation and ex-
16 penditure during fiscal years 2020 and 2021: Provided,
17 That the amounts provided by this section are designated
18 by the Congress as being for an emergency requirement pur-
19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 RELATED AGENCIES
22 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
23 For an additional amount for the ‘‘Corporation for
24 National and Community Service’’ (referred to under this
25 heading as ‘‘CNCS’’), $336,000,000, to prevent, prepare for,
•HR 925 EAH
172
1 and respond to coronavirus, including to carry out the Do-
2 mestic Volunteer Service Act of 1973 (‘‘1973 Act’’) and the
3 National and Community Service Act of 1990 (‘‘1990
4 Act’’): Provided, That $228,000,000 of the funds made
5 available in this paragraph may be used to make new and
6 additional awards to new and existing AmeriCorps grant-
7 ees and may be used to provide adjustments to awards
8 under subtitle C of title I of the 1990 Act for which the
9 Chief Executive Officer of CNCS determines that a waiver
10 of the Federal share limitation is warranted under section
11 2521.70 of title 45 of the Code of Federal Regulations: Pro-
12 vided further, That of the amount provided in this para-
13 graph, $26,000,000 shall be for programs under title I, part
14 A of the 1973 Act: Provided further, That of the amount
15 provided in this paragraph, $35,000,000 shall be for pro-
16 grams under title II of the 1973 Act, and not less than
17 $23,000,000 of these funds shall be available for the pro-
18 gram under title II, part C of the 1973 Act: Provided fur-
19 ther, That of the amounts provided under this paragraph:
20 (1) up to 1 percent of the funds in this paragraph may
21 be used to defray the costs of conducting grant application
22 reviews, including the use of outside peer reviewers and elec-
23 tronic management of the grants cycle; (2) $9,000,000 shall
24 be available to provide assistance to State commissions on
25 national and community service, under section 126(a) of
•HR 925 EAH
173
1 the 1990 Act; (3) $5,000,000 shall be available to carry out
2 subtitle E of the 1990 Act; and (4) $12,000,000 shall be
3 available for expenses authorized under section
4 501(a)(4)(F) of the 1990 Act, which shall be awarded by
5 CNCS on a competitive basis: Provided further, That for
6 the purposes of carrying out the 1990 Act, satisfying the
7 requirements in section 122(c)(1)(D) of such Act may in-
8 clude a determination of need by the local community: Pro-
9 vided further, That up to $21,000,000 may be transferred
10 for necessary expenses of administration as provided under
11 section 501(a)(5) of the 1990 Act and under section 504(a)
12 of the 1973 Act: Provided further, That such amount is des-
13 ignated by the Congress as being for an emergency require-
14 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
15 Budget and Emergency Deficit Control Act of 1985.
16 PAYMENT TO THE NATIONAL SERVICE TRUST
17 (INCLUDING TRANSFER OF FUNDS)
18 For an additional amount for ‘‘National Service
19 Trust’’, $14,000,000, to remain available until expended:
20 Provided, That CNCS may transfer additional funds from
21 the amount provided under the heading ‘‘Corporation for
22 National and Community Service’’ in this Act for grants
23 made under subtitle C of title I of the 1990 Act to this ap-
24 propriation upon determination that such transfer is nec-
25 essary to support the activities of national service partici-
•HR 925 EAH
174
1 pants and after notice is transmitted to the Committees on
2 Appropriations of the House of Representatives and the
3 Senate: Provided further, That the amount appropriated for
4 or transferred to the National Service Trust may be invested
5 under section 145(b) of the 1990 Act without regard to the
6 requirement to apportion funds under 31 U.S.C. 1513(b):
7 Provided further, That such amount is designated by the
8 Congress as being for an emergency requirement pursuant
9 to section 251(b)(2)(A)(i) of the Balanced Budget and
10 Emergency Deficit Control Act of 1985.
11 CORPORATION FOR PUBLIC BROADCASTING
12 For an additional amount for fiscal year 2021 for
13 ‘‘Corporation for Public Broadcasting,’’ $175,000,000 to
14 prevent, prepare for, and respond to coronavirus, including
15 for fiscal stabilization grants to public telecommunications
16 entities, as defined by 47 U.S.C. 397(12), with no deduction
17 for administrative or other costs of the Corporation, to
18 maintain programming and services and preserve small
19 and rural stations threatened by declines in non-Federal
20 revenues: Provided, That such amount is designated by the
21 Congress as being for an emergency requirement pursuant
22 to section 251(b)(2)(A)(i) of the Balanced Budget and
23 Emergency Deficit Control Act of 1985.
•HR 925 EAH
175
1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES
2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
3 ADMINISTRATION
4 For an additional amount for ‘‘Institute of Museum
5 and Library Services’’, $135,000,000 to prevent, prepare
6 for, and respond to coronavirus, including grants to States,
7 territories, tribes, museums, and libraries, to expand digital
8 network access, purchase internet accessible devices, provide
9 technical support services, and for operational expenses:
10 Provided, That any matching funds requirements for
11 States, tribes, libraries, and museums are waived for grants
12 provided with funds made available under this heading in
13 this Act: Provided further, That such amount is designated
14 by the Congress as being for an emergency requirement pur-
15 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
16 Emergency Deficit Control Act of 1985.
17 RAILROAD RETIREMENT BOARD
18 LIMITATION ON ADMINISTRATION
19 For an additional amount for ‘‘Limitation on Admin-
20 istration’’, $4,500,000 to prevent, prepare for, and respond
21 to coronavirus, including the expeditious dispensation of
22 railroad unemployment insurance benefits, and to support
23 full-time equivalents and overtime hours as needed to ad-
24 minister the Railroad Unemployment Insurance Act, and
25 of which $8,300 shall be for administrative costs related to
•HR 925 EAH
176
1 implementing rebate payments: Provided, That such
2 amount is designated by the Congress as being for an emer-
3 gency requirement pursuant to section 251(b)(2)(A)(i) of
4 the Balanced Budget and Emergency Deficit Control Act
5 of 1985.
6 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
7 For an additional amount for ‘‘Office of the Inspector
8 General’’, $500,000, to remain available until expended, to
9 prevent, prepare for, and respond to coronavirus, including
10 salaries and expenses necessary for oversight, investigations
11 and audits of the Railroad Retirement Board and railroad
12 unemployment insurance benefits funded in this Act and
13 Public Law 116–136: Provided, That such amount is des-
14 ignated by the Congress as being for an emergency require-
15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
16 Budget and Emergency Deficit Control Act of 1985.
17 SOCIAL SECURITY ADMINISTRATION
18 LIMITATION ON ADMINISTRATIVE EXPENSES
19 For an additional amount for ‘‘Limitation on Admin-
20 istrative Expenses’’, $40,500,000, to prevent, prepare for,
21 and respond to coronavirus, domestically or internation-
22 ally, for necessary expenses to carry out additional recovery
23 rebates to individuals, as described in section 101 of divi-
24 sion F of this Act: Provided, That of the amount made
25 available under this heading in this Act, $2,500,000, to re-
•HR 925 EAH
177
1 main available until September 30, 2025, shall be trans-
2 ferred to ‘‘Social Security Administration—Office of In-
3 spector General’’ for necessary expenses in carrying out the
4 provisions of the Inspector General Act of 1978: Provided
5 further, That such amount is designated by the Congress
6 as being for an emergency requirement pursuant to section
7 251(b)(2)(A)(i) of the Balanced Budget and Emergency
8 Deficit Control Act of 1985.
9 GENERAL PROVISIONS—THIS TITLE
10 SEC. 810. Notwithstanding any other provision of law,
11 funds made available under each heading in this title shall
12 only be used for the purposes specifically described under
13 that heading.
14 SEC. 811. Funds appropriated by this title may be
15 used by the Secretary of the Department of Health and
16 Human Services to appoint, without regard to the provi-
17 sions of sections 3309 through 3319 of title 5 of the United
18 States Code, candidates needed for positions to perform crit-
19 ical work relating to coronavirus for which—
20 (1) public notice has been given; and
21 (2) the Secretary has determined that such a
22 public health threat exists.
23 SEC. 812. Funds made available by this title may be
24 used to enter into contracts with individuals for the provi-
25 sion of personal services (as described in section 104 of part
•HR 925 EAH
178
1 37 of title 48, Code of Federal Regulations (48 CFR
2 37.104)) to support the prevention of, preparation for, or
3 response to coronavirus, domestically and internationally,
4 subject to prior notification to the Committees on Appro-
5 priations of the House of Representatives and the Senate:
6 Provided, That such individuals may not be deemed em-
7 ployees of the United States for the purpose of any law ad-
8 ministered by the Office of Personnel Management: Pro-
9 vided further, That the authority made available pursuant
10 to this section shall expire on September 30, 2024.
11 SEC. 813. Not later than 30 days after the date of en-
12 actment of this Act, the Secretary of Health and Human
13 Services shall provide a detailed spend plan of anticipated
14 uses of funds made available to the Department of Health
15 and Human Services in this Act, including estimated per-
16 sonnel and administrative costs, to the Committees on Ap-
17 propriations of the House of Representatives and the Sen-
18 ate: Provided, That such plans shall be updated and sub-
19 mitted to such Committees every 60 days until September
20 30, 2024: Provided further, That the spend plans shall be
21 accompanied by a listing of each contract obligation in-
22 curred that exceeds $5,000,000 which has not previously
23 been reported, including the amount of each such obligation.
24 SEC. 814. Of the funds appropriated by this title under
25 the heading ‘‘Public Health and Social Services Emergency
•HR 925 EAH
179
1 Fund’’, $25,000,000 shall be transferred to, and merged
2 with, funds made available under the heading ‘‘Office of the
3 Secretary, Office of Inspector General’’, and shall remain
4 available until expended, for oversight of activities sup-
5 ported with funds appropriated to the Department of
6 Health and Human Services in this Act: Provided, That
7 the Inspector General of the Department of Health and
8 Human Services shall consult with the Committees on Ap-
9 propriations of the House of Representatives and the Senate
10 prior to obligating such funds: Provided further, That the
11 transfer authority provided by this section is in addition
12 to any other transfer authority provided by law.
13 TITLE IX
14 LEGISLATIVE BRANCH
15 SENATE
16 CONTINGENT EXPENSES OF THE SENATE
17 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
18 For an additional amount for ‘‘Sergeant at Arms and
19 Doorkeeper of the Senate’’, $6,345,000, to remain available
20 until expended, to prevent, prepare for, and respond to
21 coronavirus, which shall be allocated in accordance with a
22 spend plan submitted to the Committee on Appropriations
23 of the Senate: Provided, That such amount is designated
24 by the Congress as being for an emergency requirement pur-
•HR 925 EAH
180
1 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3 HOUSE OF REPRESENTATIVES
4 ALLOWANCES AND EXPENSES
5 For an additional amount for ‘‘Allowances and Ex-
6 penses’’, $37,000,000, to remain available until expended,
7 for necessary expenses for Business Continuity and Disaster
8 Recovery, to prevent, prepare for, and respond to
9 coronavirus, to be allocated in accordance with a spend
10 plan submitted to the Committee on Appropriations of the
11 House of Representatives by the Chief Administrative Offi-
12 cer and approved by such Committee: Provided, That such
13 amount is designated by the Congress as being for an emer-
14 gency requirement pursuant to section 251(b)(2)(A)(i) of
15 the Balanced Budget and Emergency Deficit Control Act
16 of 1985.
17 JOINT ITEMS
18 OFFICE OF THE ATTENDING PHYSICIAN
19 For an additional amount for ‘‘Office of the Attending
20 Physician’’, $600,000, to remain available until expended,
21 to prevent, prepare for, and respond to coronavirus: Pro-
22 vided, That such amount is designated by the Congress as
23 being for an emergency requirement pursuant to section
24 251(b)(2)(A)(i) of the Balanced Budget and Emergency
25 Deficit Control Act of 1985.
•HR 925 EAH
181
1 CAPITOL POLICE
2 SALARIES
3 (INCLUDING TRANSFER OF FUNDS)
4 For an additional amount for ‘‘Salaries’’,
5 $12,000,000, to prevent, prepare for, and respond to
6 coronavirus: Provided, That amounts provided under this
7 heading in this Act may be transferred between Capitol Po-
8 lice ‘‘Salaries’’ and ‘‘General Expenses’’ for the purposes
9 provided herein without the approval requirement of section
10 1001 of the Legislative Branch Appropriations Act, 2014
11 (2 U.S.C. 1907a); Provided further, That such amount is
12 designated by the Congress as being for an emergency re-
13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
14 anced Budget and Emergency Deficit Control Act of 1985.
15 CONGRESSIONAL BUDGET OFFICE
16 SALARIES AND EXPENSES
17 For an additional amount for ‘‘Salaries and Ex-
18 penses’’, $1,200,000, to prevent, prepare for, and respond
19 to coronavirus: Provided, That such amount is designated
20 by the Congress as being for an emergency requirement pur-
21 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
22 Emergency Deficit Control Act of 1985.
•HR 925 EAH
182
1 ARCHITECT OF THE CAPITOL
2 CAPITAL CONSTRUCTION AND OPERATIONS
3 For an additional amount for ‘‘Capital Construction
4 and Operations’’, $150,000,000, to remain available until
5 expended, to supplement the funding made available to the
6 Architect for the purposes described in title IX of division
7 B of the CARES Act (Public Law 116–136): Provided, That
8 this additional amount also may be used for the purchase
9 and distribution of supplies to respond to coronavirus in-
10 cluding, but not limited to, cleaning and sanitation sup-
11 plies, masks and/or face coverings to Congressional offices,
12 committees, and visitors, including provisions for travel
13 and other necessary work carried out by staff in their Con-
14 gressional Districts and State Offices, wherever located:
15 Provided further, That such amount is designated by the
16 Congress as being for an emergency requirement pursuant
17 to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 LIBRARY OF CONGRESS
20 SALARIES AND EXPENSES
21 (INCLUDING TRANSFER OF FUNDS)
22 For an additional amount for ‘‘Salaries and Ex-
23 penses’’, $12,000,000, to prevent, prepare for, and respond
24 to coronavirus, including to offset losses resulting from the
25 coronavirus pandemic of amounts collected pursuant to the
•HR 925 EAH
183
1 Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C.
2 150), for revolving fund activities pursuant to sections 182
3 and 182a through 182e of title 2, United States Code, sec-
4 tions 708(d) and 1316 of title 17, United States Code, and
5 sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title,
6 and for reimbursement of the Little Scholars Child Develop-
7 ment Center for salaries for employees, as authorized by this
8 title: Provided, That the Library of Congress may transfer
9 amounts appropriated under this heading in this Act to
10 other applicable appropriations of the Library of Congress
11 to prevent, prepare for, and respond to coronavirus: Pro-
12 vided further, That such amount is designated by the Con-
13 gress as being for an emergency requirement pursuant to
14 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
15 gency Deficit Control Act of 1985.
16 GOVERNMENT PUBLISHING OFFICE
17 GOVERNMENT PUBLISHING OFFICE BUSINESS
18 OPERATIONS REVOLVING FUND
19 For an additional amount for ‘‘Government Pub-
20 lishing Office Business Operations Revolving Fund’’,
21 $7,000,000, to prevent, prepare for, and respond to
22 coronavirus, which shall be for offsetting losses resulting
23 from the coronavirus pandemic of amounts collected pursu-
24 ant to section 309 of title 44, United States Code: Provided,
25 That funds appropriated under this heading in this Act
•HR 925 EAH
184
1 may be made available to restore amounts, either directly
2 or through reimbursement, for obligations incurred to pre-
3 vent, prepare for, and respond to coronavirus, domestically
4 or internationally, prior to the date of enactment of this
5 Act: Provided further, That such amount is designated by
6 the Congress as being for an emergency requirement pursu-
7 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
8 Emergency Deficit Control Act of 1985.
9 GOVERNMENT ACCOUNTABILITY OFFICE
10 SALARIES AND EXPENSES
11 For an additional amount for ‘‘Salaries and Ex-
12 penses’’, $88,500,000, to remain available until expended,
13 to prevent, prepare for, and respond to coronavirus, which
14 shall be for audits and investigations and for reimburse-
15 ment of the Tiny Findings Child Development Center for
16 salaries for employees, as authorized by this title: Provided,
17 That not later than 90 days after the date of enactment
18 of this Act, the Government Accountability Office shall sub-
19 mit to the Committees on Appropriations of the House of
20 Representatives and the Senate a spend plan specifying
21 funding estimates and a timeline for such audits and inves-
22 tigations: Provided further, That such amount is designated
23 by the Congress as being for an emergency requirement pur-
24 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
25 Emergency Deficit Control Act of 1985.
•HR 925 EAH
185
1 GENERAL PROVISIONS—THIS TITLE
2 SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND
3 EXPENSES OF SENATE EMPLOYEE CHILD CARE CENTER
4 SEC. 901. The Secretary of the Senate shall reimburse
5 the Senate Employee Child Care Center for personnel costs
6 incurred until September 30, 2021, for employees of such
7 Center who have been ordered to cease working due to meas-
8 ures taken in the Capitol complex to combat coronavirus,
9 from amounts in the appropriations account ‘‘Miscella-
10 neous Items’’ within the contingent fund of the Senate.
11 SEC. 902. Funds appropriated to the Architect of the
12 Capitol in this Act also may be used to restore amounts,
13 either directly or through reimbursement, for obligations in-
14 curred by the Architect to prevent, prepare for, and respond
15 to Coronavirus Disease 2019 (COVID–19) prior to the date
16 of enactment of this Act. Funds used to restore amounts
17 to other Architect of the Capitol accounts shall assume the
18 original period of availability of such accounts.
19 AUTHORITY OF ARCHITECT OF THE CAPITOL TO MAKE
20 EXPENDITURES IN RESPONSE TO EMERGENCIES
21 SEC. 903. (a) COVERAGE OF COMMUTING EX-
22 PENSES.—Section 1305(a)(2) of the Legislative Branch
23 Appropriations Act, 2010 (2 U.S.C. 1827(a)(2)) is amended
24 by inserting after ‘‘refreshments’’, the following: ‘‘transpor-
25 tation and other related expenses incurred by employees in
•HR 925 EAH
186
1 commuting between their residence and their place of em-
2 ployment’’.
3 (b) AUTHORITY TO PROVIDE SUPPLIES AND
4 SERVICES THROUGHOUT FACILITIES AND
5 GROUNDS UNDER THE ARCHITECT OF THE CAP-
6 ITOL’S CARE.—Section 1305 of the Legislative Branch
7 Appropriations Act, 2010 (2 U.S.C. 1827) is further
8 amended by inserting after subsection (a)(2), the following:
9 ‘‘(3) May accept contributions of, and incur obligations and
10 make expenditures for, supplies, products, services, and
11 operational costs necessary to respond to the emergency,
12 which may be provided throughout all facilities and
13 grounds under the care of the Architect of the Capitol wher-
14 ever located, on a reimbursable or non-reimbursable basis
15 subject to the availability of funds.’’.
16 (c) EFFECTIVE DATE.—The amendment made by
17 subsections (a) and (b) shall apply with respect to fiscal
18 year 2020 and each succeeding fiscal year.
19 SEC. 904. Notwithstanding the provisions of section
20 6304(c) of title 5, United States Code, any annual leave
21 accumulated by an employee of the Government Publishing
22 Office in excess of the limits prescribed in section 6304(a)
23 of title 5, United States Code, remains to the credit of the
24 employee until December 31, 2021.
•HR 925 EAH
187
1 TITLE X
2 MILITARY CONSTRUCTION, VETERANS AFFAIRS,
3 AND RELATED AGENCIES
4 DEPARTMENT OF VETERANS AFFAIRS
5 VETERANS BENEFITS ADMINISTRATION
6 GENERAL OPERATING EXPENSES, VETERANS BENEFITS
7 ADMINISTRATION
8 For an additional amount for ‘‘General Operating Ex-
9 penses, Veterans Benefits Administration’’, $338,000,000, to
10 prevent, prepare for, and respond to coronavirus, including
11 the elimination of backlogs that may have occurred: Pro-
12 vided, That amounts provided under this heading in this
13 Act made available for the elimination of backlogs may not
14 be used to increase the number of permanent positions: Pro-
15 vided further, That of the amounts provided under this
16 heading, up to $198,000,000 shall be to improve the Veteran
17 Benefits Administration’s education systems, including im-
18 plementation of changes to chapters 30 through 36 of part
19 III of title 38, United States Code in the Harry W. Colmery
20 Veterans Educational Assistance Act of 2017 (Public Law
21 115–48), in a bill to authorize the Secretary of Veterans
22 Affairs to treat certain programs of education converted to
23 distance learning by reason of emergencies and health-re-
24 lated situations in the same manner as programs of edu-
25 cation pursued at educational institutions, and for other
•HR 925 EAH
188
1 purposes (Public Law 116–128), and in the Student Vet-
2 eran Coronavirus Response Act of 2020 (Public Law 116–
3 140): Provided further, That such amount is designated by
4 the Congress as being for an emergency requirement pursu-
5 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
6 Emergency Deficit Control Act of 1985.
7 VETERANS HEALTH ADMINISTRATION
8 MEDICAL COMMUNITY CARE
9 For an additional amount for ‘‘Medical Community
10 Care’’, $100,000,000, for a one-time emergency payment to
11 existing State Extended Care Facilities for Veterans, to pre-
12 vent, prepare for, and respond to coronavirus: Provided,
13 That such payments shall be in proportion to each State’s
14 share of the total resident capacity in such facilities as of
15 January 4, 2020 where such capacity includes only vet-
16 erans on whose behalf the Department pays a per diem
17 amount pursuant to 38 United States Code 1741 or 1745:
18 Provided further, That amounts made available to ‘‘Vet-
19 erans Health Administration—Medical Services’’ in divi-
20 sion B of Public Law 116–136, may be transferred to and
21 merged with the Medical Community Care account to be
22 used for the purposes provided under this heading in this
23 Act, and shall be in additional to any other amounts avail-
24 able for such purposes: Provided further, That amounts
25 transferred pursuant to the preceding proviso that were pre-
•HR 925 EAH
189
1 viously designated by the Congress as an emergency require-
2 ment pursuant to the Balanced Budget and Emergency Def-
3 icit Control Act of 1985 are designated by the Congress as
4 an emergency requirement pursuant to section
5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985: Provided further, That such
7 amount is designated by the Congress as being for an emer-
8 gency requirement pursuant to section 251(b)(2)(A)(i) of
9 the Balanced Budget and Emergency Deficit Control Act
10 of 1985.
11 NATIONAL CEMETERY ADMINISTRATION
12 For an additional amount for ‘‘National Cemetery Ad-
13 ministration’’, $26,000,000, to prevent, prepare for, and re-
14 spond to coronavirus: Provided, That such amount is des-
15 ignated by the Congress as being for an emergency require-
16 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
17 Budget and Emergency Deficit Control Act of 1985.
18 DEPARTMENTAL ADMINISTRATION
19 BOARD OF VETERANS APPEALS
20 For an additional amount for ‘‘Board of Veterans Ap-
21 peals’’, $4,000,000, to prevent, prepare for, and respond to
22 coronavirus: Provided, That such amount is designated by
23 the Congress as being for an emergency requirement pursu-
24 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
25 Emergency Deficit Control Act of 1985.
•HR 925 EAH
190
1 INFORMATION TECHNOLOGY SYSTEMS
2 For an additional amount for ‘‘Information Tech-
3 nology Systems’’, $45,000,000, to remain available until
4 September 30, 2021, to prevent, prepare for, and respond
5 to coronavirus: Provided, That amounts provided under
6 this heading shall be to improve the Veteran Benefits Ad-
7 ministration’s education systems, including implementa-
8 tion of changes to chapters 30 through 36 of part III of
9 title 38, United States Code in the Harry W. Colmery Vet-
10 erans Educational Assistance Act of 2017 (Public Law 115–
11 48), in a bill to authorize the Secretary of Veterans Affairs
12 to treat certain programs of education converted to distance
13 learning by reason of emergencies and health-related situa-
14 tions in the same manner as programs of education pursued
15 at educational institutions, and for other purposes (Public
16 Law 116–128), and in the Student Veteran Coronavirus
17 Response Act of 2020 (Public Law 116–140): Provided fur-
18 ther, That such amount is designated by the Congress as
19 being for an emergency requirement pursuant to section
20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
•HR 925 EAH
191
1 RELATED AGENCIES
2 DEPARTMENT OF DEFENSE—CIVIL
3 CEMETERIAL EXPENSES, ARMY
4 SALARIES AND EXPENSES
5 For an additional amount for ‘‘Salaries and Ex-
6 penses’’, $2,000,000, to prevent, prepare for, and respond
7 to coronavirus: Provided, That such amount is designated
8 by the Congress as being for an emergency requirement pur-
9 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
10 Emergency Deficit Control Act of 1985.
11 AMERICAN BATTLE MONUMENTS COMMISSION
12 SALARIES AND EXPENSES
13 For an additional amount for the ‘‘Salaries and Ex-
14 penses’’, $2,000,000, to prevent, prepare for, and respond
15 to coronavirus: Provided, That such amount is designated
16 by the Congress as being for an emergency requirement pur-
17 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 GENERAL PROVISIONS—THIS TITLE
20 (INCLUDING TRANSFER OF FUNDS)
21 SEC. 1001. Title X of division B of the Coronavirus
22 Aid, Relief, and Economic Security Act (Public Law 116–
23 136) is amended under the heading ‘‘Department of Vet-
24 erans Affairs—Departmental Administration—Grants for
25 Construction of State Extended Care Facilities’’ by striking
•HR 925 EAH
192
1 ‘‘including to modify or alter existing hospital, nursing
2 home, and domiciliary facilities in State homes: Provided,’’
3 and inserting in lieu thereof the following: ‘‘which shall be
4 for modifying or altering existing hospital, nursing home,
5 and domiciliary facilities in State homes: Provided, That
6 the Secretary shall conduct a new competition or competi-
7 tions to award grants to States using funds provided under
8 this heading in this Act: Provided further, That such grants
9 may be made to reimburse States for the costs of modifica-
10 tions or alterations that have been initiated or completed
11 before an application for a grant under this section is ap-
12 proved by the Secretary: Provided further, That the use of
13 funds provided under this heading in this Act shall not be
14 subject to state matching fund requirement, application re-
15 quirements, cost thresholds, the priority list, deadlines,
16 award dates under sections 8134 and 8135 of title 38,
17 United States Code, and part 59 of chapter I of title 38,
18 Code of Federal Regulations, and shall not be subject to re-
19 quirements of section 501(d) of title 38, United States Code:
20 Provided further, That the Secretary may establish and ad-
21 just rolling deadlines for applications for such grants and
22 may issue multiple rounds of application periods for the
23 award of such grants under this section: Provided further,’’:
24 Provided, That amounts repurposed pursuant to this sec-
25 tion that were previously designated by the Congress as an
•HR 925 EAH
193
1 emergency requirement pursuant to the Balanced Budget
2 and Emergency Deficit Control Act of 1985 are designated
3 by the Congress as an emergency requirement pursuant to
4 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
5 gency Deficit Control Act of 1985.
6 SEC. 1002. Of the unobligated balances available to the
7 Department of Veterans Affairs from title X of division B
8 of the Coronavirus Aid, Relief, and Economic Security Act
9 (Public Law 116–136) for ‘‘Veterans Health Administra-
10 tion, Medical Services’’, up to $100,000,000 may be trans-
11 ferred to ‘‘Departmental Administration, Information
12 Technology Systems’’ to prevent, prepare for, and respond
13 to coronavirus, domestically or internationally, for im-
14 provements to supply chain systems including the Defense
15 Medical Logistics Standard Support system: Provided,
16 That not more than $50,000,000 may be transferred to de-
17 velopment subaccount for the Supply Chain Management
18 project: Provided further, That the transferred funds shall
19 be in addition to any other funds made available for this
20 purpose: Provided further, That the amounts transferred in
21 this section that were previously designated by the Congress
22 as an emergency requirement pursuant to the Balanced
23 Budget and Emergency Deficit Control Act of 1985 are des-
24 ignated by the Congress as an emergency requirement pur-
•HR 925 EAH
194
1 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3 TITLE XI
4 DEPARTMENT OF STATE, FOREIGN OPERATIONS,
5 AND RELATED PROGRAMS
6 DEPARTMENT OF STATE
7 ADMINISTRATION OF FOREIGN AFFAIRS
8 DIPLOMATIC PROGRAMS
9 For an additional amount for ‘‘Diplomatic Pro-
10 grams’’, $500,000,000, for necessary expenses to prevent,
11 prepare for, and respond to coronavirus, including for evac-
12 uation expenses, emergency preparedness, maintaining con-
13 sular operations, and other operations and maintenance re-
14 quirements related to the consequences of coronavirus, do-
15 mestically or internationally, of which $425,000,000 shall
16 be for Consular and Border Security Programs, to remain
17 available until expended, for offsetting losses resulting from
18 the coronavirus pandemic of fees collected and deposited
19 into such account pursuant to section 7081 of Public Law
20 115–31: Provided, That such amount is designated by the
21 Congress as being for an emergency requirement pursuant
22 to section 251(b)(2)(A)(i) of the Balanced Budget and
23 Emergency Deficit Control Act of 1985.
•HR 925 EAH
195
1 OFFICE OF INSPECTOR GENERAL
2 For an additional amount for ‘‘Office of Inspector
3 General’’, $4,400,000, for oversight of activities conducted
4 by the Department of State and made available to prevent,
5 prepare for, and respond to coronavirus by this title and
6 by prior acts: Provided, That such amount is designated
7 by the Congress as being for an emergency requirement pur-
8 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 UNITED STATES AGENCY FOR INTERNATIONAL
11 DEVELOPMENT
12 FUNDS APPROPRIATED TO THE PRESIDENT
13 OPERATING EXPENSES
14 For an additional amount for ‘‘Operating Expenses’’,
15 $50,000,000, to prevent, prepare for, and respond to
16 coronavirus and for other operations and maintenance re-
17 quirements related to the consequences of coronavirus: Pro-
18 vided, That such amount is designated by the Congress as
19 being for an emergency requirement pursuant to section
20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
22 OFFICE OF INSPECTOR GENERAL
23 For an additional amount for ‘‘Office of Inspector
24 General’’, $3,500,000, for oversight of activities conducted
25 by the United States Agency for International Development
•HR 925 EAH
196
1 and made available to prevent, prepare for, and respond
2 to coronavirus by this title and by prior acts: Provided,
3 That such amount is designated by the Congress as being
4 for an emergency requirement pursuant to section
5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985
7 BILATERAL ECONOMIC ASSISTANCE
8 FUNDS APPROPRIATED TO THE PRESIDENT
9 GLOBAL HEALTH PROGRAMS
10 For an additional amount for ‘‘Global Health Pro-
11 grams’’, $3,690,925,000, for necessary expenses to prevent,
12 prepare for, and respond to coronavirus: Provided, That
13 such funds shall be administered by the Administrator of
14 the United States Agency for International Development:
15 Provided further, That of the funds appropriated under this
16 heading in this title, not less than $150,000,000 shall be
17 transferred to, and merged with, funds made available for
18 the Emergency Reserve Fund established pursuant to sec-
19 tion 7058(c)(1) of the Department of State, Foreign Oper-
20 ations, and Related Programs Appropriations Act, 2017
21 (division J of Public Law 115–31): Provided further, That
22 funds made available pursuant to the preceding proviso
23 shall be made available under the terms and conditions of
24 such section, as amended: Provided further, That funds ap-
25 propriated by this paragraph in this title shall be made
•HR 925 EAH
197
1 available for a contribution to a multilateral vaccine devel-
2 opment partnership to support epidemic preparedness: Pro-
3 vided further, That of the funds appropriated by this para-
4 graph in this title, not less than $3,500,000,000 shall be
5 made available for a United States Contribution to The
6 GAVI Alliance: Provided further, That funds appropriated
7 by this paragraph in this title shall be allocated and allot-
8 ted within 60 days of the date of enactment of this Act:
9 Provided further, That such amount is designated by the
10 Congress as being for an emergency requirement pursuant
11 to section 251(b)(2)(A)(i) of the Balanced Budget and
12 Emergency Deficit Control Act of 1985.
13 For an additional amount for ‘‘Global Health Pro-
14 grams’’, $4,535,925,000, for necessary expenses to prevent,
15 prepare for, and respond to coronavirus: Provided, That
16 such funds shall be administered by the United States Glob-
17 al AIDS Coordinator: Provided further, That not less than
18 $3,500,000,000 shall be made available as a United States
19 contribution to the Global Fund to Fight AIDS, Tuber-
20 culosis and Malaria (Global Fund): Provided further, That
21 funds made available to the Global Fund pursuant to the
22 previous proviso shall be made available notwithstanding
23 section 202(d)(4)(A)(i) of the United States Leadership
24 Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
25 (22 U.S.C. 7622(d)(4)(A)(i)): Provided further, That funds
•HR 925 EAH
198
1 appropriated under this heading for fiscal years 2020 and
2 2021 which are designated as being for an emergency re-
3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
4 anced Budget and Emergency Deficit Control Act of 1985
5 and made available as a United States contribution to the
6 Global Fund shall not be considered a contribution for the
7 purpose of applying section 202(d)(4)(A)(i): Provided fur-
8 ther, That funds appropriated by this paragraph in this
9 title shall be allocated and allotted within 60 days of the
10 date of enactment of this Act: Provided further, That such
11 amount is designated by the Congress as being for an emer-
12 gency requirement pursuant to section 251(b)(2)(A)(i) of
13 the Balanced Budget and Emergency Deficit Control Act
14 of 1985.
15 DEVELOPMENT ASSISTANCE
16 For an additional amount for ‘‘Development Assist-
17 ance’’, $250,000,000, for necessary expenses to prevent, pre-
18 pare for, and respond to coronavirus, including to address
19 related economic, and stabilization requirements, of which
20 not less than $150,000,000 shall be made available to main-
21 tain access to basic education and not less than $45,000,000
22 shall be to maintain access to not-for-profit institutions of
23 higher education for costs related to the consequences of
24 coronavirus: Provided, That such institutions of higher edu-
25 cation shall meet standards equivalent to those required for
•HR 925 EAH
199
1 United States institutional accreditation by a regional ac-
2 creditation agency recognized by the United States Depart-
3 ment of Education: Provided further, That funds made
4 available under this heading in this title shall be allocated
5 and allotted within 60 days of the date of enactment of this
6 Act: Provided further, That such amount is designated by
7 the Congress as being for an emergency requirement pursu-
8 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 INDEPENDENT AGENCIES
11 INTER-AMERICAN FOUNDATION
12 For an additional amount for ‘‘Inter-American Foun-
13 dation’’, $15,000,000, for necessary expenses to prevent, pre-
14 pare for, and respond to coronavirus, including to address
15 related economic and stabilization requirements: Provided,
16 That funds made available under this heading in this title
17 shall be allocated and allotted within 60 days of the enact-
18 ment of this Act: Provided further, That such amount is
19 designated by the Congress as being for an emergency re-
20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
21 anced Budget and Emergency Deficit Control Act of 1985.
22 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
23 For an additional amount for ‘‘United States African
24 Development Foundation’’, $15,000,000, for necessary ex-
25 penses to prevent, prepare for, and respond to coronavirus,
•HR 925 EAH
200
1 including to address related economic and stabilization re-
2 quirements: Provided, That funds made available under this
3 heading in this title shall be allocated and allotted within
4 60 days of the enactment of this Act: Provided further, That
5 such amount is designated by the Congress as being for an
6 emergency requirement pursuant to section 251(b)(2)(A)(i)
7 of the Balanced Budget and Emergency Deficit Control Act
8 of 1985.
9 MULTILATERAL ASSISTANCE
10 FUNDS APPROPRIATED TO THE PRESIDENT
11 INTERNATIONAL ORGANIZATIONS AND PROGRAMS
12 For an additional amount for ‘‘International Organi-
13 zations and Programs’’, $935,250,000, to remain available
14 until September 30, 2022, for necessary expenses to prevent,
15 prepare for, and respond to coronavirus and to support the
16 United Nations Global Humanitarian Response Plan
17 COVID–19, of which not less than $750,000,000 shall be
18 for the World Food Programme, and not less than
19 $185,250,000 shall be for the United Nations Children’s
20 Fund: Provided, That funds made available under this
21 heading in this title shall be allocated and allotted within
22 60 days of the date of enactment of this Act: Provided fur-
23 ther, That such amount is designated by the Congress as
24 being for an emergency requirement pursuant to section
•HR 925 EAH
201
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 GENERAL PROVISIONS—THIS TITLE
4 (INCLUDING TRANSFER OF FUNDS)
5 SEC. 1101. The authorities and limitations of section
6 402 of the Coronavirus Preparedness and Response Supple-
7 mental Appropriations Act (division A of Public Law 116–
8 123) shall apply to funds appropriated by this title as fol-
9 lows:
10 (1) Subsections (a), (d), (e), and (f) shall apply
11 to funds under the heading ‘‘Diplomatic Programs’’;
12 and
13 (2) Subsections (c), (d), (e), and (f) shall apply
14 to funds under the heading ‘‘Global Health Pro-
15 grams’’, and ‘‘Development Assistance’’.
16 SEC. 1102. Funds appropriated by this title under the
17 headings ‘‘Diplomatic Programs’’, ‘‘Operating Expenses’’,
18 ‘‘Global Health Programs’’, and ‘‘Development Assistance’’
19 may be used to reimburse such accounts administered by
20 the Department of State and the United States Agency for
21 International Development, for obligations incurred to pre-
22 vent, prepare for, and respond to coronavirus prior to the
23 date of enactment of this Act.
24 SEC. 1103. The reporting requirements of section
25 406(b) of the Coronavirus Preparedness and Response Sup-
•HR 925 EAH
202
1 plemental Appropriations Act, 2020 (division A of Public
2 Law 116–123) shall apply to funds appropriated by this
3 title.
4 SEC. 1104. Section 404 of the Coronavirus Prepared-
5 ness and Response Supplemental Appropriations Act (divi-
6 sion A of Public Law 116–123) shall apply to funds appro-
7 priated by this title under the same headings as specified
8 by such section.
9 SEC. 1105. Notwithstanding the limitations in sections
10 609(i) and 609(j) of the Millennium Challenge Act of 2003
11 (2211 U.S.C. 7708(j), 7715), the Millennium Challenge Cor-
12 poration may, subject to the availability of funds, extend
13 any compact in effect as of January 29, 2020, for up to
14 one additional year, to account for delays related to
15 coronavirus: Provided, That the Corporation shall notify
16 the Committees on Appropriations and Foreign Relations
17 of the Senate and the Committees on Appropriations and
18 Foreign Affairs of the House of Representatives prior to
19 providing any such extension.
20 SEC. 1106. The Secretary of State and the heads of
21 other Federal agencies may rely upon the authority of sec-
22 tion 5924 of title 5, United States Code, without regard to
23 the foreign area limitations referenced therein, to make pay-
24 ments for education allowances to employees who are in the
25 United States on ordered or authorized departure, or for
•HR 925 EAH
203
1 whom travel to a post in a foreign area has been delayed,
2 to prevent, prepare for, or respond to coronavirus: Provided,
3 That the authority under this section shall expire on De-
4 cember 31, 2024.
5 SEC. 1107. The Secretary of State and the heads of
6 other Federal agencies whose employees are authorized to
7 receive payments of monetary amounts and other allow-
8 ances under section 5523 of title 5, United States Code, may
9 rely upon the authority of that section, without regard to
10 the time limitations referenced therein, to continue such
11 payments in connection with authorized or ordered depar-
12 tures from foreign areas, to prevent, prepare for, and re-
13 spond to coronavirus: Provided, That the authority under
14 this section shall be available to continue such payments
15 for the period beginning on July 21, 2020, through Sep-
16 tember 30, 2022, when such authority shall expire.
17 TITLE XII
18 TRANSPORTATION, HOUSING AND URBAN
19 DEVELOPMENT, AND RELATED AGENCIES
20 DEPARTMENT OF TRANSPORTATION
21 OFFICE OF THE SECRETARY
22 SALARIES AND EXPENSES
23 For an additional amount for ‘‘Salaries and Ex-
24 penses’’, $20,000,000, to remain available until expended,
25 to prevent, prepare for, and respond to coronavirus, includ-
•HR 925 EAH
204
1 ing necessary expenses for operating costs and capital out-
2 lays: Provided, That such amounts are in addition to any
3 other amounts made available for this purpose: Provided
4 further, That obligations of amounts under this heading in
5 this Act shall not be subject to the limitation on obligations
6 under the heading ‘‘Office of the Secretary—Working Cap-
7 ital Fund’’ in division H of the Further Consolidated Ap-
8 propriations Act, 2020 (Public Law 116–94): Provided fur-
9 ther, That such amount is designated by the Congress as
10 being for an emergency requirement pursuant to section
11 251(b)(2)(A)(i) of the Balanced Budget and Emergency
12 Deficit Control Act of 1985.
13 ESSENTIAL AIR SERVICE
14 In addition to funds provided to the ‘‘Payments to Air
15 Carriers’’ program in Public Law 116–94 to carry out the
16 essential air service program under section 41731 through
17 41742 of title 49, United States Code, $75,000,000, to be
18 derived from the general fund of the Treasury, and to be
19 made available to the Essential Air Service and Rural Im-
20 provement Fund, to prevent, prepare for, and respond to
21 coronavirus: Provided, That such amount is designated by
22 the Congress as being for an emergency requirement pursu-
23 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.
•HR 925 EAH
205
1 FEDERAL AVIATION ADMINISTRATION
2 OPERATIONS
3 For an additional amount for ‘‘Operations’’,
4 $50,000,000, to be derived from the general fund, for nec-
5 essary expenses to provide Federal Aviation Administration
6 (FAA) employees with masks or protective face coverings,
7 gloves, and sanitizer and wipes with sufficient alcohol con-
8 tent and to ensure FAA facilities are cleaned, disinfected,
9 and sanitized in accordance with Centers for Disease Con-
10 trol and Prevention guidance: Provided further, That such
11 amount is designated by the Congress as being for an emer-
12 gency requirement pursuant to section 251(b)(2)(A)(i) of
13 the Balanced Budget and Emergency Deficit Control Act
14 of 1985.
15 GRANTS-IN-AID FOR AIRPORTS
16 For an additional amount for ‘‘Grants-In-Aid for Air-
17 ports’’, $13,500,000,000, to prevent, prepare for, and re-
18 spond to coronavirus, to remain available until September
19 30, 2026: Provided, That amounts made available under
20 this heading in this Act shall be derived from the general
21 fund of the Treasury: Provided further, That funds provided
22 under this heading in this Act shall only be available to
23 sponsors of airports in categories defined in section 47102
24 of title 49, United States Code: Provided further, That the
25 requirements of chapter 471 of such title, except for project
•HR 925 EAH
206
1 eligibility, shall apply to funds provided for any contract
2 awarded (after the date of enactment of this Act) for airport
3 development and funded under this heading: Provided fur-
4 ther, That funds provided under this heading in this Act
5 may not be used for any purpose not directly related to
6 the airport: Provided further, That of the amounts appro-
7 priated under this heading in this Act—
8 (1) Not less than $500,000,000 shall be to pay
9 the local share of eligible costs for which a grant is
10 made under this heading under the Department of
11 Transportation Appropriations Act, 2021: Provided,
12 That any remaining funds after the apportionment
13 under this paragraph (1) shall be distributed as de-
14 scribed in paragraph (2) under this heading in this
15 Act:
16 (2) Not less than $12,500,000,000 shall be avail-
17 able for any purpose for which airport revenues may
18 lawfully be used: Provided, That such funds shall be
19 allocated among eligible primary airports (as defined
20 in section 47102(16) of title 49 United States Code)
21 based on each airport’s calendar year 2019
22 enplanements as a percentage of total 2019
23 enplanements for all eligible primary service airports:
24 Provided further, That sponsors provide relief equal-
25 ing at least 25 percent of the amount allocated to an
•HR 925 EAH
207
1 airport under this paragraph to on-airport car rent-
2 al, on-airport parking, and in-terminal airport con-
3 cessions (as defined in part 23 of title 49, Code of
4 Federal Regulations) in the form of waiving rent,
5 minimum annual guarantees, lease obligations, fees,
6 or penalties, or, at the request of the owner of an in-
7 terminal concession, to provide for a buyout of such
8 concession: Provided further, That the sponsor shall
9 give the highest priority to an owner who qualifies as
10 an small businesses with maximum gross receipts less
11 than $56 million: Provided further, That the Federal
12 share payable of the costs for which a grant is made
13 under this paragraph shall be 100 percent; and
14 (3) Up to $200,000,000 shall be available for
15 general aviation airports and commercial service air-
16 ports that are not primary airports for any purpose
17 for which airport revenues may lawfully be used, and,
18 which the Secretary shall apportion directly to each
19 eligible airport, as defined in paragraphs (7), (8),
20 and (16) of section 47102 of title 49, United States
21 Code, based on the categories published in the most
22 current National Plan of Integrated Airport Systems,
23 reflecting the percentage of the aggregate published el-
24 igible development costs for each such category, and
25 then dividing the allocated funds evenly among the el-
•HR 925 EAH
208
1 igible airports in each category, rounding up to the
2 nearest thousand dollars: Provided, That the Federal
3 share payable of the costs for which a grant is made
4 under this paragraph shall be 100 percent: Provided
5 further, That any remaining funds after the appor-
6 tionment under this paragraph (3) shall be distrib-
7 uted as described in paragraph (2) under this head-
8 ing in this Act:
9 Provided further, That the matter preceding the first pro-
10 viso under this heading in title XII of division B of the
11 CARES Act (Public Law 116-136) is amended by striking
12 ‘‘to remain available until expended’’ and inserting ‘‘to re-
13 main available until September 30, 2025’’: Provided fur-
14 ther, That amounts made available under this heading in
15 title XII of division B of the CARES Act (Public Law 116-
16 136) shall not be subject to the limitation on obligations
17 in any act making appropriations: Provided further, That
18 any funds under the previous proviso designated as airport
19 grants that are unobligated, recovered by or returned to the
20 Federal Aviation Administration (FAA) within 5 years
21 from the date of enactment of the CARES Act (Public Law
22 116-36) shall be pooled and redistributed as described in
23 paragraph (2) under this heading in this Act: Provided fur-
24 ther, That the FAA may redistribute funds under the pre-
25 vious proviso on more than one occasion: Provided further,
•HR 925 EAH
209
1 That any airport that had been allocated more than four
2 times annual operating expenses under this heading in title
3 XII of division B of the CARES Act (Public Law 116-136)
4 shall not be eligible for funds allocated or redistributed
5 under this Act: Provided further, That the Administrator
6 of the FAA may retain up to 0.1 percent of the funds pro-
7 vided under this heading in this Act to fund the award and
8 oversight by the Administrator of grants made under this
9 heading in this Act: Provided further, That obligations of
10 funds under this heading in this Act shall not be subject
11 to any limitations on obligations provided in any Act mak-
12 ing appropriations: Provided further, That all airport
13 sponsors receiving funds under this heading in this Act
14 shall continue to employ, through September 30, 2021, at
15 least 90 percent of the number of individuals employed
16 (after making adjustments for retirements or voluntary em-
17 ployee separations) by each airport as of March 27, 2020:
18 Provided further, That the Secretary may waive the work-
19 force retention requirement in the previous proviso, if the
20 Secretary determines the airport is experiencing economic
21 hardship as a direct result of the requirement, or the re-
22 quirement reduces aviation safety or security: Provided fur-
23 ther, That the workforce retention requirement shall not
24 apply to nonhub airports or nonprimary airports receiving
25 funds under this heading in this Act: Provided further, That
•HR 925 EAH
210
1 amounts repurposed by the provisions under this heading
2 in this Act that were previously designated by the Congress
3 as an emergency requirement pursuant to the Balanced
4 Budget and Emergency Deficit Control Act of 1985 are des-
5 ignated by the Congress as an emergency requirement pur-
6 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
7 Emergency Deficit Control Act of 1985: Provided further,
8 That such amount is designated by the Congress as being
9 for an emergency requirement pursuant to section
10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
13 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
14 Of prior year unobligated contract authority and liq-
15 uidating cash provided for Motor Carrier Safety in the
16 Transportation Equity Act for the 21st Century (Public
17 Law 105–178), SAFETEA–LU (Public Law 109–59), or
18 other appropriations or authorization acts, in addition to
19 amounts already appropriated in fiscal year 2020 for
20 ‘‘Motor Carrier Safety Operations and Programs’’,
21 $238,500 in additional obligation limitation is provided
22 and repurposed for obligations incurred to support activi-
23 ties to prevent, prepare for, and respond to coronavirus:
24 Provided, That such amount is designated by the Congress
25 as being for an emergency requirement pursuant to section
•HR 925 EAH
211
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 FEDERAL RAILROAD ADMINISTRATION
4 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL
5 RAILROAD PASSENGER CORPORATION
6 (INCLUDING TRANSFER OF FUNDS)
7 For an additional amount for ‘‘Northeast Corridor
8 Grants to the National Railroad Passenger Corporation’’,
9 $1,392,085,000, to remain available until expended, to pre-
10 vent, prepare for, and respond to coronavirus, including to
11 enable the Secretary of Transportation to make or amend
12 existing grants to the National Railroad Passenger Cor-
13 poration for activities associated with the Northeast Cor-
14 ridor, as authorized by section 11101(a) of the Fixing
15 America’s Surface Transportation Act (division A of Public
16 Law 114–94): Provided, That not less than $219,610,000
17 of the amounts made available under this heading in this
18 Act and the ‘‘National Network Grants to the National
19 Railroad Passenger Corporation’’ heading in this Act shall
20 be made available for use by the National Railroad Pas-
21 senger Corporation in lieu of capital payments from States
22 and commuter rail passenger transportation providers sub-
23 ject to the cost allocation policy developed pursuant to sec-
24 tion 24905(c) of title 49, United States Code: Provided fur-
25 ther, That, notwithstanding sections 24319(g) and
•HR 925 EAH
212
1 24905(c)(1)(A)(i) of title 49, United States Code, such use
2 of funds does not constitute cross-subsidization of commuter
3 rail passenger transportation: Provided further, That not
4 more than $91,800,000 of the amounts made available
5 under this heading in this Act shall be made available for
6 use by the National Railroad Passenger Corporation to
7 repay or prepay debt incurred by the National Railroad
8 Passenger Corporation under financing arrangements en-
9 tered into prior to the enactment of this Act and to pay
10 required reserves, costs, and fees related to such debt, includ-
11 ing for loans from the Department of Transportation and
12 loans that would otherwise have been paid from National
13 Railroad Passenger Corporation revenues: Provided further,
14 That the Secretary may retain up to $4,890,000 of the
15 amounts made available under both this heading in this
16 Act and the ‘‘National Network Grants to the National
17 Railroad Passenger Corporation’’ heading in this Act to
18 fund the costs of project management and oversight of ac-
19 tivities authorized by section 11101(c) of the Fixing Amer-
20 ica’s Surface Transportation Act (division A of Public Law
21 114–94): Provided further, That $1,000,000 of the amounts
22 made available under both this heading in this Act and the
23 ‘‘National Network Grants to the National Railroad Pas-
24 senger Corporation’’ heading in this Act shall be transferred
25 to ‘‘National Railroad Passenger Corporation—Office of
•HR 925 EAH
213
1 Inspector General—Salaries and Expenses’’ for conducting
2 audits and investigations of projects and activities carried
3 out with amounts made available in this Act and in title
4 XII of division B of the Coronavirus Aid, Relief, and Eco-
5 nomic Security Act (Public Law 116–136) under the head-
6 ings ‘‘Northeast Corridor Grants to the National Railroad
7 Passenger Corporation’’ and ‘‘National Network Grants to
8 the National Railroad Passenger Corporation’’: Provided
9 further, That amounts made available under this heading
10 in this Act may be transferred to and merged with ‘‘Na-
11 tional Network Grants to the National Railroad Passenger
12 Corporation’’ to prevent, prepare for, and respond to
13 coronavirus: Provided further, That such amount is des-
14 ignated by the Congress as being for an emergency require-
15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
16 Budget and Emergency Deficit Control Act of 1985.
17 NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD
18 PASSENGER CORPORATION
19 (INCLUDING TRANSFER OF FUNDS)
20 For an additional amount for ‘‘National Network
21 Grants to the National Railroad Passenger Corporation’’,
22 $1,007,915,000, to remain available until expended, to pre-
23 vent, prepare for, and respond to coronavirus, including to
24 enable the Secretary of Transportation to make or amend
25 existing grants to the National Railroad Passenger Cor-
•HR 925 EAH
214
1 poration for activities associated with the National Network
2 as authorized by section 11101(b) of the Fixing America’s
3 Surface Transportation Act (division A of Public Law 114–
4 94): Provided, That not less than $349,700,000 of the
5 amounts made available under this heading in this Act
6 shall be made available for use by the National Railroad
7 Passenger Corporation to be apportioned toward State pay-
8 ments required by the cost methodology policy adopted pur-
9 suant to section 209 of the Passenger Rail Investment and
10 Improvement Act of 2008 (Public Law 110–432): Provided
11 further, That a State-supported route’s share of such fund-
12 ing under the preceding proviso shall consist of (1) 7 per-
13 cent of the costs allocated to the route in fiscal year 2019
14 under the cost methodology policy adopted pursuant to sec-
15 tion 209 of the Passenger Rail Investment and Improve-
16 ment Act of 2008 (Public Law 110–432), and (2) any re-
17 maining amounts under the preceding proviso shall be ap-
18 portioned to a route in proportion to its passenger revenue
19 and other revenue allocated to a State-supported route in
20 fiscal year 2019 divided by the total passenger revenue and
21 other revenue allocated to all State-supported routes in fis-
22 cal year 2019: Provided further, That State-supported
23 routes which terminated service on or before February 1,
24 2020, shall not be included in the cost and revenue calcula-
25 tions made pursuant to the preceding proviso: Provided fur-
•HR 925 EAH
215
1 ther, That amounts made available under this heading in
2 this Act may be transferred to and merged with ‘‘Northeast
3 Corridor Grants to the National Railroad Passenger Cor-
4 poration’’ to prevent, prepare for, and respond to
5 coronavirus: Provided further, That such amount is des-
6 ignated by the Congress as being for an emergency require-
7 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
8 Budget and Emergency Deficit Control Act of 1985.
9 FEDERAL TRANSIT ADMINISTRATION
10 TRANSIT INFRASTRUCTURE GRANTS
11 For an additional amount for ‘‘Transit Infrastructure
12 Grants’’, $32,000,000,000, to remain available until ex-
13 pended, to prevent, prepare for, and respond to coronavirus:
14 Provided, That of the amounts appropriated under this
15 heading in this Act—
16 (1) $18,500,000,000 shall be for grants to recipi-
17 ents eligible under chapter 53 of title 49, United
18 States Code, and administered as if such funds were
19 provided under section 5307 of title 49, United States
20 Code (apportioned in accordance with section 5336 of
21 such title (other than subsections (h)(1) and (h)(4))),
22 and section 5337 of title 49, United States Code (ap-
23 portioned in accordance with such section), except
24 that funds apportioned under section 5337 shall be
25 added to funds apportioned under 5307 for adminis-
•HR 925 EAH
216
1 tration under 5307: Provided, That the Secretary
2 shall allocate the amounts provided in the preceding
3 proviso under sections 5307 and 5337 of title 49,
4 United States Code, in the same ratio as funds were
5 provided under Public Law 116–94 and shall allocate
6 such amounts not later than 14 days after enactment
7 of this Act: Provided further, That the amounts allo-
8 cated to any urbanized area from amounts made
9 available under this heading in this Act when com-
10 bined with the amounts allocated to each such urban-
11 ized area from funds appropriated under this heading
12 in title XIII of division B of the CARES Act (Public
13 Law 116–136) may not exceed more than 100 percent
14 of any recipient’s 2018 operating costs based on data
15 contained in the National Transit Database: Provided
16 further, That for any urbanized area for which the
17 calculation in the previous proviso exceeds 100 per-
18 cent of the urbanized area’s 2018 operating costs, the
19 Secretary shall distribute funds in excess of such per-
20 cent to urbanized areas for which the calculation in
21 the previous proviso does not exceed 100 percent in
22 the same proportion as amounts allocated under the
23 first proviso of this paragraph;
24 (2) $2,500,000,000 shall be for grants under sec-
25 tion 5309 of title 49, United States Code: Provided,
•HR 925 EAH
217
1 That of the amounts provided under this para-
2 graph—
3 (A) $1,950,000,000 shall be for grants to re-
4 cipients that received an allocation under section
5 5309 of title 49, United States Code, for fiscal
6 year 2019 or fiscal year 2020 as of the date of
7 enactment of this Act: Provided, That the Sec-
8 retary shall calculate each recipient’s non-Cap-
9 ital Investment Grant financial commitment for
10 fiscal years 2019 and 2020 as a percentage of the
11 non-Capital Investment Grant financial commit-
12 ments of all projects for such fiscal years and
13 shall proportionally allocate such funds within
14 14 days of enactment of this Act: Provided fur-
15 ther, That any recipient with a project open for
16 revenue service for which they received a con-
17 struction grant agreement are not eligible for
18 funds provided under this paragraph; and
19 (B) $400,000,000 shall be for grants to re-
20 cipients that receive an allocation of fiscal year
21 2019 or fiscal year 2020 funds after the date of
22 enactment of this Act under section 5309 of title
23 49, United States Code: Provided, That such
24 grants shall be allocated to such recipients in
25 proportion to the allocation of fiscal year 2019
•HR 925 EAH
218
1 or fiscal 2020 funds provided to all projects allo-
2 cated funding after the date of enactment of this
3 Act; and
4 (C) no more than $150,000,000 for any re-
5 cipient of a grant under section 5309(h) of title
6 49, United States Code, that may need addi-
7 tional assistance in completing a project that has
8 received a grant agreement and shall issue a No-
9 tice of Funding Opportunity for amounts made
10 available for projects eligible under section
11 5309(h) of title 49, United States Code, not later
12 than 120 days after the date of enactment of this
13 Act:
14 Provided further, That if amounts remain available
15 after distributing funds under this paragraph, such
16 amounts shall be added to the amounts made avail-
17 able under paragraph (5) under this heading: Pro-
18 vided further, That amounts made available under
19 this paragraph shall not be included in any calcula-
20 tion of the maximum amount of Federal financial as-
21 sistance for the project under section 5309(k)(2)(C)(ii)
22 or 5309(h)(7) of title 49, United States Code nor
23 should they be subject to provisions in sections
24 5309(a)(7)(A) or 5309(l)(1)(B)(ii) of such title;
•HR 925 EAH
219
1 (3) $250,000,000 shall be for grants to recipients
2 or subrecipients eligible under section 5310 of title 49,
3 United States Code, and the Secretary of Transpor-
4 tation shall apportion such funds in accordance with
5 such section: Provided, That the Secretary shall allo-
6 cate such funds in the same ratio as funds were pro-
7 vided in Public Law 116–94 and shall allocate such
8 funds not later than 14 days after the date of enact-
9 ment of this Act;
10 (4) $750,000,000 shall be for grants to recipients
11 or subrecipients eligible under section 5311 of title 49,
12 United States Code (other than subsection (b)(3) and
13 (c)(1)(A)), and the Secretary of Transportation shall
14 apportion such funds in accordance with such section:
15 Provided, That the Secretary shall allocate these
16 amounts in the same ratio as funds were provided in
17 Public Law 116–94 and shall allocate funds within
18 14 days of enactment of this Act; and
19 (5) $10,000,000,000 shall be for grants to eligible
20 recipients or subrecipients of funds under chapter 53
21 of title 49, United States Code, that, as a result of
22 coronavirus, require additional assistance to main-
23 tain operations: Provided, That such funds shall be
24 administered as if they were provided under section
25 5324 of title 49, United States Code: Provided further,
•HR 925 EAH
220
1 That any recipient or subrecipient of funds under
2 chapter 53 of title 49, United States Code, or an
3 intercity bus service provider that has, since October
4 1, 2018, partnered with a recipient or subrecipient in
5 order to meet the requirements of section 5311(f) of
6 such title shall be eligible to directly apply for funds
7 under this paragraph: Provided further, That entities
8 that have partnered with a recipient or subrecipient
9 in order to meet the requirements of section 5311(f)
10 of such title shall be eligible to receive not more than
11 7.5 percent of the total funds provided under this
12 paragraph and shall use assistance provided under
13 this paragraph only for workforce retention or the re-
14 call or rehire of any laid off, furloughed, or termi-
15 nated employee associated with the provision of inter-
16 city bus service including, but not limited to, service
17 eligible for funding under section 5311(f) of title 49,
18 United States Code: Provided further, That when
19 evaluating applications of intercity bus service assist-
20 ance, the Secretary shall give priority to preserving
21 national and regional intercity bus networks and the
22 rural services that make meaningful connections to
23 those networks: Provided further, That the Secretary
24 shall issue a Notice of Funding Opportunity not later
25 than 120 days after the date of enactment of this Act
•HR 925 EAH
221
1 that requires applications to be submitted not later
2 than 180 days after the date of enactment of this Act:
3 Provided further, That the Secretary shall make
4 awards not later than 60 days after the application
5 deadline: Provided further, That the Secretary shall
6 require grantees to provide estimates of financial
7 need, data on reduced ridership, and a spending plan
8 for funds: Provided further, That when evaluating ap-
9 plications for assistance to transit agencies, the Sec-
10 retary shall give priority to agencies in urbanized
11 areas that received less than 100 percent of their 2018
12 operating expenses from the funds appropriated in
13 paragraph (1) combined with the funds appropriated
14 under this heading in title XII of division B of the
15 CARES Act (Public Law 116–136), and transit agen-
16 cies with the largest revenue loss as a percentage of
17 the agency’s 2018 operating expenses: Provided fur-
18 ther, That States may apply on behalf of a recipient,
19 a subrecipient, or a group of recipients or subrecipi-
20 ents: Provided further, That if applications for assist-
21 ance do not exceed available funds, the Secretary shall
22 reserve the remaining amounts for grantees to pre-
23 vent, prepare for, and respond to coronavirus and
24 shall accept applications on a rolling basis: Provided
25 further, That if amounts made available under this
•HR 925 EAH
222
1 paragraph remain unobligated on December 31, 2021,
2 such amounts shall be available for any purpose eligi-
3 ble under section 5324 of title 49, United States Code:
4 Provided further, That the Secretary shall not waive the
5 requirements of section 5333 of title 49, United States Code,
6 for funds appropriated under this heading in this Act or
7 for funds previously made available under section 5307 of
8 title 49, United States Code, or sections 5310, 5311, 5337,
9 or 5340 of such title as a result of the coronavirus: Provided
10 further, That the provision of funds under this heading in
11 this Act shall not affect the ability of any other agency of
12 the Government, including the Federal Emergency Manage-
13 ment Agency, a State agency, or a local governmental enti-
14 ty, organization, or person, to provide any other funds oth-
15 erwise authorized by law: Provided further, That notwith-
16 standing subsection (a)(1) or (b) of section 5307 of title 49,
17 United States Code, subsection (a)(1) of section 5324 of such
18 title, or any provision of chapter 53 of title 49, funds pro-
19 vided under this heading in this Act are available for the
20 operating expenses of transit agencies related to the response
21 to a coronavirus public health emergency, including, begin-
22 ning on January 20, 2020, reimbursement for operating
23 costs to maintain service and lost revenue due to the
24 coronavirus public health emergency, including the pur-
25 chase of personal protective equipment, and paying the ad-
•HR 925 EAH
223
1 ministrative leave of operations or contractor personnel due
2 to reductions in service: Provided further, That to the max-
3 imum extent possible, funds made available under this
4 heading in this Act and in title XII of division B of the
5 CARES Act (Public Law 116–136) shall be directed to pay-
6 roll and public transit, unless the recipient certifies to the
7 Secretary that the recipient has not furloughed any employ-
8 ees: Provided further, That such operating expenses are not
9 required to be included in a transportation improvement
10 program, long-range transportation plan, statewide trans-
11 portation plan, or a statewide transportation improvement
12 program: Provided further, That grants made under this
13 heading in this Act and in title XII of division B of the
14 CARES Act (Public Law 116–136) to recipients or sub-
15 recipients may be used to make payments to contractors
16 providing transit operations service or maintenance of roll-
17 ing stock, right of way and/or stations at pre-COVID-19
18 service billing levels in such amounts as existed on Feb-
19 ruary 3, 2020, even if such service was reduced due to the
20 COVID-19 public health emergency: Provided further, That
21 the preceding proviso may only apply if a contractor con-
22 tinuously retains its full and part-time workforce at their
23 previous full or part-time status, and/or, where applicable,
24 beginning on the date that employees of the contractor are
25 able to return to work at their previous full or part-time
•HR 925 EAH
224
1 status that it laid off, furloughed or terminated as a result
2 of the COVID-19 public health emergency, or its effects,
3 under the terms of any applicable collective bargaining
4 agreement: Provided further, That private providers of pub-
5 lic transportation may be considered eligible sub-recipients
6 of funding provided under this heading: Provided further,
7 That unless otherwise specified, applicable requirements
8 under chapter 53 of title 49, United States Code, shall
9 apply to funding made available under this heading in this
10 Act, except that the Federal share of the costs for which any
11 grant is made under this heading in this Act shall be, at
12 the option of the recipient, up to 100 percent: Provided fur-
13 ther, That the amount made available under this heading
14 in this Act shall be derived from the general fund and shall
15 not be subject to any limitation on obligations for transit
16 programs set forth in any Act: Provided further, That not
17 more than one-half of one percent of the funds for transit
18 infrastructure grants, but not to exceed $125,000,000, pro-
19 vided under this heading in this Act shall be available for
20 administrative expenses and ongoing program management
21 oversight as authorized under sections 5334 and 5338(f)(2)
22 of title 49, United States Code, and shall be in addition
23 to any other appropriations for such purpose: Provided fur-
24 ther, That such amount is designated by the Congress as
25 being for an emergency requirement pursuant to section
•HR 925 EAH
225
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
4 OPERATIONS AND MAINTENANCE
5 (HARBOR MAINTENANCE TRUST FUND)
6 For necessary expenses to conduct the operations,
7 maintenance, and capital infrastructure activities of the
8 Seaway International Bridge, $1,500,000, to be derived
9 from the Harbor Maintenance Trust Fund pursuant to sec-
10 tion 210 of the Water Resources Development Act of 1986
11 (33 U.S.C. 2238), to prevent, prepare for, and respond to
12 coronavirus: Provided, That such amount is designated by
13 the Congress as being for an emergency requirement pursu-
14 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
15 Emergency Deficit Control Act of 1985.
16 OFFICE OF INSPECTOR GENERAL
17 SALARIES AND EXPENSES
18 For an additional amount for ‘‘Office of Inspector
19 General’’, $5,000,000, to remain available until expended,
20 to prevent, prepare for, and respond to coronavirus: Pro-
21 vided, That the funding made available under this heading
22 in this Act shall be used for conducting audits and inves-
23 tigations of projects and activities carried out by the De-
24 partment of Transportation to prevent, prepare for, and re-
25 spond to coronavirus: Provided further, That such amount
•HR 925 EAH
226
1 is designated by the Congress as being for an emergency
2 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
3 anced Budget and Emergency Deficit Control Act of 1985.
4 DEPARTMENT OF HOUSING AND URBAN
5 DEVELOPMENT
6 PUBLIC AND INDIAN HOUSING
7 TENANT-BASED RENTAL ASSISTANCE
8 (INCLUDING TRANSFER OF FUNDS)
9 For an additional amount for ‘‘Tenant-Based Rental
10 Assistance’’, $4,000,000,000, to remain available until ex-
11 pended, and to be used under the same authority and condi-
12 tions as the additional appropriations for fiscal year 2020
13 under this heading in title XII of division B of the CARES
14 Act (Public Law 116–136), except that any amounts pro-
15 vided for administrative expenses and other expenses of
16 public housing agencies for their section 8 programs, in-
17 cluding Mainstream vouchers, under this heading in the
18 CARES Act (Public Law 116–136) and under this heading
19 in this Act shall also be available for Housing Assistance
20 Payments under section 8(o) of the United States Housing
21 Act of 1937 (42 U.S.C. 1437f(o)): Provided, That amounts
22 made available under this heading in this Act and under
23 the same heading in title XII of division B of the CARES
24 Act may be used to cover or reimburse allowable costs in-
25 curred to prevent, prepare for, and respond to coronavirus
•HR 925 EAH
227
1 regardless of the date on which such costs were incurred:
2 Provided further, That of the amounts made available
3 under this heading in this Act, $500,000,000 shall be avail-
4 able for administrative expenses and other expenses of pub-
5 lic housing agencies for their section 8 programs, including
6 Mainstream vouchers: Provided further, That of the
7 amounts made available under this heading in this Act,
8 $2,500,000,000 shall be available for adjustments in the cal-
9 endar year 2020 or 2021 section 8 renewal funding alloca-
10 tions, including Mainstream vouchers, for public housing
11 agencies that experience a significant increase in voucher
12 per-unit costs due to extraordinary circumstances or that,
13 despite taking reasonable cost savings measures, as deter-
14 mined by the Secretary, would otherwise be required to ter-
15 minate rental assistance for families as a result of insuffi-
16 cient funding: Provided further, That of the amounts made
17 available under this heading in this Act, $1,000,000,000
18 shall be used for incremental rental voucher assistance
19 under section 8(o) of the United States Housing Act of 1937
20 for use by individuals and families who are—homeless, as
21 defined under section 103(a) of the McKinney-Vento Home-
22 less Assistance Act (42 U.S.C. 11302(a)); at risk of home-
23 lessness, as defined under section 401(1) of the McKinney-
24 Vento Homeless Assistance Act (42 U.S.C. 11360(1)); or
25 fleeing, or attempting to flee, domestic violence, dating vio-
•HR 925 EAH
228
1 lence, sexual assault, or stalking: Provided further, That the
2 Secretary shall allocate amounts made available in the pre-
3 ceding proviso to public housing agencies not later than 60
4 days after the date of enactment of this Act, according to
5 a formula that considers the ability of the public housing
6 agency to use vouchers promptly and the need of geo-
7 graphical areas based on factors to be determined by the
8 Secretary, such as risk of transmission of coronavirus, high
9 numbers or rates of sheltered and unsheltered homelessness,
10 and economic and housing market conditions: Provided fur-
11 ther, That if a public housing authority elects not to admin-
12 ister or does not promptly issue all of its authorized vouch-
13 ers within a reasonable period of time, the Secretary shall
14 reallocate any unissued vouchers and associated funds to
15 other public housing agencies according to the criteria in
16 the preceding proviso: Provided further, That a public hous-
17 ing agency shall not reissue any vouchers under this head-
18 ing in this Act for incremental rental voucher assistance
19 when assistance for the family initially assisted is termi-
20 nated: Provided further, That upon termination of incre-
21 mental rental voucher assistance under this heading in this
22 Act for one or more families assisted by a public housing
23 agency, the Secretary shall reallocate amounts that are no
24 longer needed by such public housing agency for assistance
25 under this heading in this Act to another public housing
•HR 925 EAH
229
1 agency for the renewal of vouchers previously authorized
2 under this heading in this Act: Provided further, That
3 amounts made available in this paragraph are in addition
4 to any other amounts made available for such purposes:
5 Provided further, That up to 0.5 percent of the amounts
6 made available under this heading in this Act may be
7 transferred, in aggregate, to ‘‘Department of Housing and
8 Urban Development, Program Offices—Public and Indian
9 Housing’’ to supplement existing resources for the necessary
10 costs of administering and overseeing the obligation and ex-
11 penditure of these amounts, to remain available until Sep-
12 tember 30, 2024: Provided further, That such amount is des-
13 ignated by the Congress as being for an emergency require-
14 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
15 Budget and Emergency Deficit Control Act of 1985.
16 PUBLIC HOUSING OPERATING FUND
17 (INCLUDING TRANSFER OF FUNDS)
18 For an additional amount for ‘‘Public Housing Oper-
19 ating Fund’’, as authorized by section 9(e) of the United
20 States Housing Act of 1937 (42 U.S.C. 1437g(e)),
21 $2,000,000,000, to be used under the same authority and
22 conditions as the additional appropriations for fiscal year
23 2020 under this heading in title XII of division B of the
24 CARES Act (Public Law 116–136): Provided, That
25 amounts made available under this heading in this Act and
•HR 925 EAH
230
1 under the same heading in title XII of division B of the
2 CARES Act may be used to cover or reimburse allowable
3 costs incurred to prevent, prepare for, and respond to
4 coronavirus regardless of the date on which such costs were
5 incurred: Provided further, That up to 0.5 percent of the
6 amounts made available under this heading in this Act may
7 be transferred, in aggregate, to ‘‘Department of Housing
8 and Urban Development, Program Offices—Public and In-
9 dian Housing’’ to supplement existing resources for the nec-
10 essary costs of administering and overseeing the obligation
11 and expenditure of these amounts, to remain available until
12 September 30, 2024: Provided further, That such amount
13 is designated by the Congress as being for an emergency
14 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
15 anced Budget and Emergency Deficit Control Act of 1985.
16 NATIVE AMERICAN PROGRAMS
17 (INCLUDING TRANSFER OF FUNDS)
18 For an additional amount for ‘‘Native American Pro-
19 grams’’, $400,000,000, to remain available until September
20 30, 2024, and to be used under the same authority and con-
21 ditions as the additional appropriations for fiscal year
22 2020 under this heading in title XII of division B of the
23 Coronavirus Aid, Relief, and Economic Security Act (Pub-
24 lic Law 116–136): Provided, That the amounts made avail-
25 able under this heading in this Act are as follows:
•HR 925 EAH
231
1 (1) Up to $150,000,000 shall be available for the
2 Native American Housing Block Grants program, as
3 authorized under title I of the Native American Hous-
4 ing Assistance and Self-Determination Act of 1996
5 (25 U.S.C. 4111 et seq.); and
6 (2) Not less than $250,000,000 shall be available
7 for grants to Indian tribes under the Indian Commu-
8 nity Development Block Grant program under title I
9 of the Housing and Community Development Act of
10 1974 (42 U.S.C. 5306(a)(1)), notwithstanding section
11 106(a)(1) of such Act, for emergencies that constitute
12 imminent threats to health and safety:
13 Provided further, That amounts made available under
14 paragraph (1) under this heading in title XII of division
15 B of the Coronavirus Aid, Relief, and Economic Security
16 Act (Public Law 116–136) which are allocated to Indian
17 tribes or tribally designated housing entities, and which are
18 not accepted, are voluntarily returned, or otherwise recap-
19 tured for any reason, may be used by the Secretary to make
20 awards under paragraph (2) under this heading in title XII
21 of division B of the Coronavirus Aid, Relief, and Economic
22 Security Act (Public Law 116–136), in addition to
23 amounts otherwise available for such purposes: Provided
24 further, That up to one-half of 1 percent of the amounts
25 made available under this heading in this Act may be
•HR 925 EAH
232
1 transferred, in aggregate, to ‘‘Department of Housing and
2 Urban Development, Program Offices—Public and Indian
3 Housing’’ for necessary costs of administering and over-
4 seeing the obligation and expenditure of such amounts and
5 of amounts made available under this heading in title XII
6 of division B of the Coronavirus Aid, Relief, and Economic
7 Security Act (Public Law 116–136), to remain available
8 until September 30, 2029, in addition to any other amounts
9 made available for such purposes: Provided further, That
10 such amount is designated by the Congress as being for an
11 emergency requirement pursuant to section 251(b)(2)(A)(i)
12 of the Balanced Budget and Emergency Deficit Control Act
13 of 1985.
14 COMMUNITY PLANNING AND DEVELOPMENT
15 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
16 (INCLUDING TRANSFER OF FUNDS)
17 For an additional amount for ‘‘Housing Opportunities
18 for Persons with AIDS’’, $65,000,000, to be used under the
19 same authority and conditions as the additional appropria-
20 tions for fiscal year 2020 under this heading in title XII
21 of division B of the CARES Act (Public Law 116–136):
22 Provided, That amounts provided under this heading in
23 this Act that are allocated pursuant to section 854(c)(5) of
24 the AIDS Housing Opportunity Act (42 U.S.C. 12901 et
25 seq.) shall remain available until September 30, 2022: Pro-
•HR 925 EAH
233
1 vided further, That not less than $15,000,000 of the amount
2 provided under this heading in this Act shall be allocated
3 pursuant to the formula in section 854 of such Act using
4 the same data elements as utilized pursuant to that same
5 formula in fiscal year 2020: Provided further, That up to
6 0.5 percent of the amounts made available under this head-
7 ing in this Act may be transferred to ‘‘Department of Hous-
8 ing and Urban Development—Program Offices—Commu-
9 nity Planning and Development’’ for necessary costs of ad-
10 ministering and overseeing the obligation and expenditure
11 of amounts under this heading in this Act, to remain avail-
12 able until September 30, 2030: Provided further, That such
13 amount is designated by the Congress as being for an emer-
14 gency requirement pursuant to section 251(b)(2)(A)(i) of
15 the Balanced Budget and Emergency Deficit Control Act
16 of 1985.
17 COMMUNITY DEVELOPMENT FUND
18 (INCLUDING TRANSFER OF FUNDS)
19 For an additional amount for ‘‘Community Develop-
20 ment Fund’’, $5,000,000,000, to remain available until
21 September 30, 2023, and to be used under the same author-
22 ity and conditions as the additional appropriations for fis-
23 cal year 2020 under this heading in title XII of division
24 B of the CARES Act (Public Law 116–136): Provided, That
25 such amount made available under this heading in this Act
•HR 925 EAH
234
1 shall be distributed pursuant to section 106 of the Housing
2 and Community Development Act of 1974 (42 U.S.C. 5306)
3 to grantees that received allocations pursuant to such for-
4 mula in fiscal year 2020, and that such allocations shall
5 be made within 30 days of enactment of this Act: Provided
6 further, That in administering funds under this heading,
7 an urban county shall consider needs throughout the entire
8 urban county configuration to prevent, prepare for, and re-
9 spond to coronavirus: Provided further, That up to
10 $100,000,000 of amounts made available under this heading
11 in this Act may be used to make new awards or increase
12 prior awards to existing technical assistance providers: Pro-
13 vided further, That of the amounts made available under
14 this heading in this Act, up to $25,000,000 may be trans-
15 ferred to ‘‘Department of Housing and Urban Development,
16 Program Offices—Community Planning and Development’’
17 for necessary costs of administering and overseeing the obli-
18 gation and expenditure of amounts under this heading in
19 this Act, to remain available until September 30, 2028: Pro-
20 vided further, That such amount is designated by the Con-
21 gress as being for an emergency requirement pursuant to
22 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
23 gency Deficit Control Act of 1985.
•HR 925 EAH
235
1 HOMELESS ASSISTANCE GRANTS
2 (INCLUDING TRANSFER OF FUNDS)
3 For an additional amount for ‘‘Homeless Assistance
4 Grants’’, $5,000,000,000, to remain available until Sep-
5 tember 30, 2025, for the Emergency Solutions Grants pro-
6 gram as authorized under subtitle B of title IV of the
7 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371
8 et seq.), as amended, and to be used under the same author-
9 ity and conditions as the additional appropriations for fis-
10 cal year 2020 under this heading in title XII of division
11 B of the CARES Act (Public Law 116–136): Provided, That
12 $3,000,000,000 of the amount made available under this
13 heading in this Act shall be distributed pursuant to 24 CFR
14 576.3 to grantees that received allocations pursuant to that
15 same formula in fiscal year 2020, and that such allocations
16 shall be made within 30 days of enactment of this Act: Pro-
17 vided further, That, in addition to amounts allocated in
18 the preceding proviso, remaining amounts shall be allocated
19 directly to a State or unit of general local government by
20 the formula specified in the third proviso under this head-
21 ing in title XII of division B of the CARES Act (Public
22 Law 116–136): Provided further, That not later than 90
23 days after the date of enactment of this Act and every 60
24 days thereafter, the Secretary shall allocate a minimum of
25 an additional $500,000,000, pursuant to the formula re-
•HR 925 EAH
236
1 ferred to in the preceding proviso, based on the best avail-
2 able data: Provided further, That up to 0.5 percent of the
3 amounts made available under this heading in this Act may
4 be transferred to ‘‘Department of Housing and Urban De-
5 velopment—Program Offices—Community Planning and
6 Development’’ for necessary costs of administering and
7 overseeing the obligation and expenditure of amounts under
8 this heading in this Act, to remain available until Sep-
9 tember 30, 2030: Provided further, That funds made avail-
10 able under this heading in this Act and under this heading
11 in title XII of division B of the CARES Act (Public Law
12 116–136) may be used for eligible activities the Secretary
13 determines to be critical in order to assist survivors of do-
14 mestic violence, sexual assault, dating violence, and stalking
15 or to assist homeless youth, age 24 and under: Provided fur-
16 ther, That a grantee, when contracting with service pro-
17 viders engaged directly in the provision of services to home-
18 less persons served by the program, shall, to the extent prac-
19 ticable, enter into contracts in amounts that cover the ac-
20 tual total program costs and administrative overhead to
21 provide the services contracted: Provided further, That
22 amounts repurposed by this paragraph that were previously
23 designated by the Congress as an emergency requirement
24 pursuant to the Balanced Budget and Emergency Deficit
25 Control Act of 1985 are designated by the Congress as an
•HR 925 EAH
237
1 emergency requirement pursuant to section 251(b)(2)(A)(i)
2 of the Balanced Budget and Emergency Deficit Control Act
3 of 1985: Provided further, That such amount is designated
4 by the Congress as being for an emergency requirement pur-
5 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
6 Emergency Deficit Control Act of 1985.
7 EMERGENCY RENTAL ASSISTANCE
8 For activities and assistance authorized in section 201
9 of division O of this Act (the ‘‘COVID–19 HERO ACT’’),
10 $50,000,000,000, to remain available until expended: Pro-
11 vided, That such amount is designated by the Congress as
12 being for an emergency requirement pursuant to section
13 251(b)(2)(A)(i) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15 HOUSING PROGRAMS
16 PROJECT-BASED RENTAL ASSISTANCE
17 (INCLUDING TRANSFER OF FUNDS)
18 For an additional amount for ‘‘Project-Based Rental
19 Assistance’’, $750,000,000, to remain available until ex-
20 pended, and to be used under the same authority and condi-
21 tions as the additional appropriations for fiscal year 2020
22 under this heading in title XII of division B of the CARES
23 Act (Public Law 116–136): Provided, That up to 0.5 per-
24 cent of the amounts made available under this heading in
25 this Act may be transferred to ‘‘Department of Housing and
•HR 925 EAH
238
1 Urban Development—Program Offices—Office of Housing’’
2 for necessary costs of administering and overseeing the obli-
3 gation and expenditure of amounts under this heading in
4 this Act, to remain available until September 30, 2030: Pro-
5 vided further, That such amount is designated by the Con-
6 gress as being for an emergency requirement pursuant to
7 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
8 gency Deficit Control Act of 1985.
9 HOUSING FOR THE ELDERLY
10 (INCLUDING TRANSFER OF FUNDS)
11 For an additional amount for ‘‘Housing for the Elder-
12 ly’’, $500,000,000, to remain available until September 30,
13 2023, and to be used under the same authority and condi-
14 tions as the additional appropriations for fiscal year 2020
15 under this heading in title XII of division B of the CARES
16 Act (Public Law 116–136): Provided, That notwithstanding
17 the first proviso under this heading in the CARES Act,
18 $300,000,000 of the amount made available under this
19 heading in this Act shall be for one-time grants for service
20 coordinators, as authorized under section 676 of the Hous-
21 ing and Community Development Act of 1992 (42 U.S.C.
22 13632), and the continuation of existing congregate service
23 grants for residents of assisted housing projects: Provided
24 further, That up to 0.5 percent of the amounts made avail-
25 able under this heading in this Act may be transferred to
•HR 925 EAH
239
1 ‘‘Department of Housing and Urban Development—Pro-
2 gram Offices—Office of Housing’’ for necessary costs of ad-
3 ministering and overseeing the obligation and expenditure
4 of amounts under this heading in this Act, to remain avail-
5 able until September 30, 2030: Provided further, That such
6 amount is designated by the Congress as being for an emer-
7 gency requirement pursuant to section 251(b)(2)(A)(i) of
8 the Balanced Budget and Emergency Deficit Control Act
9 of 1985.
10 HOUSING FOR PERSONS WITH DISABILITIES
11 (INCLUDING TRANSFER OF FUNDS)
12 For an additional amount for ‘‘Housing for Persons
13 with Disabilities’’, $45,000,000, to remain available until
14 September 30, 2023, and to be used under the same author-
15 ity and conditions as the additional appropriations for fis-
16 cal year 2020 under this heading in title XII of division
17 B of the CARES Act (Public Law 116–136): Provided, That
18 up to 0.5 percent of the amounts made available under this
19 heading in this Act may be transferred to ‘‘Department of
20 Housing and Urban Development—Program Offices—Of-
21 fice of Housing’’ for necessary costs of administering and
22 overseeing the obligation and expenditure of amounts under
23 this heading in this Act, to remain available until Sep-
24 tember 30, 2030: Provided further, That such amount is des-
25 ignated by the Congress as being for an emergency require-
•HR 925 EAH
240
1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
2 Budget and Emergency Deficit Control Act of 1985.
3 FAIR HOUSING AND EQUAL OPPORTUNITY
4 FAIR HOUSING ACTIVITIES
5 (INCLUDING TRANSFER OF FUNDS)
6 For an additional amount for ‘‘Fair Housing Activi-
7 ties’’, $14,000,000, to remain available until September 30,
8 2022, and to be used under the same authority and condi-
9 tions as the additional appropriations for fiscal year 2020
10 under this heading in title XII of division B of the CARES
11 Act (Public Law 116–136): Provided, That of the funds
12 made available under this heading in this Act, $4,000,000
13 shall be for Fair Housing Organization Initiative grants
14 through the Fair Housing Initiatives Program (FHIP),
15 made available to existing grantees, which may be used for
16 fair housing activities and for technology and equipment
17 needs to deliver services through use of the Internet or other
18 electronic or virtual means in response to the public health
19 emergency related to the Coronavirus Disease 2019
20 (COVID–19) pandemic: Provided further, That of the funds
21 made available under this heading in this Act, $10,000,000
22 shall be for FHIP Education and Outreach grants made
23 available to previously-funded national media grantees and
24 State and local education and outreach grantees, to educate
25 the public and the housing industry about fair housing
•HR 925 EAH
241
1 rights and responsibilities during the COVID–19 pandemic:
2 Provided further, That such grants in the preceding proviso
3 shall be divided evenly between the national media cam-
4 paign and education and outreach activities: Provided fur-
5 ther, That up to 0.5 percent of the amounts made available
6 under this heading in this Act may be transferred to ‘‘De-
7 partment of Housing and Urban Development—Program
8 Offices—Fair Housing and Equal Opportunity’’ for nec-
9 essary costs of administering and overseeing the obligation
10 and expenditure of amounts under this heading in this Act,
11 to remain available until September 30, 2030: Provided fur-
12 ther, That such amount is designated by the Congress as
13 being for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16 OFFICE OF INSPECTOR GENERAL
17 For an additional amount for ‘‘Office of Inspector
18 General’’, $5,000,000, to remain available until expended,
19 to prevent, prepare for, and respond to coronavirus: Pro-
20 vided, That the funding made available under this heading
21 in this Act shall be used for conducting audits and inves-
22 tigations of projects and activities carried by the Depart-
23 ment of Housing and Urban Development to prevent, pre-
24 pare for, and respond to coronavirus: Provided further,
25 That such amount is designated by the Congress as being
•HR 925 EAH
242
1 for an emergency requirement pursuant to section
2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4 RELATED AGENCY
5 NEIGHBORHOOD REINVESTMENT CORPORATION
6 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT
7 CORPORATION
8 For an additional amount for ‘‘Payment to the Neigh-
9 borhood Reinvestment Corporation’’, $100,000,000, to re-
10 main available until expended, to the Neighborhood Rein-
11 vestment Corporation (‘‘NRC’’) for housing counseling for
12 households threatened with housing instability due to the
13 economic circumstances caused by the COVID-19 pandemic,
14 under the following terms and conditions:
15 (1) The NRC shall make grants to counseling
16 intermediaries approved by the Department of Hous-
17 ing and Urban Development (‘‘HUD’’) to provide
18 housing counseling assistance to help prevent and re-
19 spond to the displacement of residents due to eviction,
20 default of mortgages, or foreclosure of mortgages
21 (‘‘Housing Counseling Assistance’’). State Housing
22 Finance Agencies may also be eligible to receive
23 grants where they meet all the requirements under
24 this heading. NRC may target grants may to HUD-
25 approved counseling intermediaries and State Hous-
•HR 925 EAH
243
1 ing Finance Agencies based on their ability to serve
2 the most vulnerable communities, based on an anal-
3 ysis by the NRC of which areas are most impacted by
4 the economic circumstances caused by the COVID-19
5 pandemic.
6 (2) Housing Counseling Assistance shall be made
7 available to consumers facing housing instability
8 (‘‘Housing Counseling Clients’’). Housing Counseling
9 Clients will be provided such assistance that shall
10 consist of activities that are likely to prevent evictions
11 or foreclosures, and result in the long-term afford-
12 ability of the housing unit retained pursuant to such
13 activity or another positive outcome for the Housing
14 Counseling Client. No funds made available under
15 this heading may be provided directly to lenders, to
16 landlords, or to Housing Counseling Clients to dis-
17 charge outstanding rent or mortgage balances or for
18 any other direct debt reduction payments.
19 (3) Not less than 40 percent of grant funds made
20 available under this heading shall be provided to
21 counseling organizations that target Housing Coun-
22 seling Assistance to minority and low-income home-
23 owners, renters, individuals experiencing homeless-
24 ness, and individuals at risk of homelessness or pro-
25 vide such services in neighborhoods with high con-
•HR 925 EAH
244
1 centrations of minority and low-income homeowners,
2 renters, individuals experiencing homelessness, and
3 individuals at risk of homelessness.
4 (4) The delivery of Housing Counseling Assist-
5 ance as provided under this heading shall involve a
6 reasonable analysis of the Housing Counseling Cli-
7 ent’s financial situation, resources available to the
8 Housing Counseling Client, and advice on applicable
9 laws or rules regarding eviction protections, mortgage
10 forbearance, or foreclosure protection.
11 (5) NRC may provide up to 15 percent of the
12 Housing Counseling Assistance grant funds under
13 this heading to its own charter members with exper-
14 tise in housing counseling, subject to a certification
15 by the NRC that the procedures for selection do not
16 consist of any procedures or activities that could be
17 construed as an unacceptable conflict of interest or
18 have the appearance of impropriety.
19 (6) The HUD-approved counseling inter-
20 mediaries and State Housing Finance Agencies re-
21 ceiving funds under this heading shall have dem-
22 onstrated experience in housing counseling (including
23 foreclosure counseling, rental counseling, homelessness,
24 and/or financial counseling) and outreach. NRC may
•HR 925 EAH
245
1 use other criteria to demonstrate capacity, particu-
2 larly in underserved areas.
3 (7) Of the total amount made available under
4 this heading, up to 4 percent of the amounts made
5 available under this heading in this Act may be made
6 available to support non-grant costs associated with
7 the Housing Counseling Assistance grants program,
8 including training, administrative costs, grant com-
9 pliance, and evaluation.
10 (8) The NRC shall build the relevant capacities
11 of HUD-approved counseling intermediaries and
12 State Housing Finance Agencies through a com-
13 prehensive training program of NRC training
14 courses, except that private financial institutions that
15 participate in NRC training shall pay market rates
16 for such training.
17 (9) Housing Counseling Assistance grants may
18 include a budget for outreach, advertising, technology,
19 reporting, training, sub-grantee oversight, and other
20 program-related support as determined by the NRC.
21 (10) The NRC shall report annually to the Com-
22 mittees on Appropriations of the House of Represent-
23 atives and the Senate as well as the Senate Banking
24 Committee and House Financial Services Committee
•HR 925 EAH
246
1 on its efforts to mitigate housing instability caused by
2 the COVID-19 pandemic.
3 Provided, That such amount is designated by the Congress
4 as being for an emergency requirement pursuant to section
5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985.
7 GENERAL PROVISIONS—THIS TITLE
8 SEC. 1201. The provision under the heading ‘‘Office
9 of the Inspector General—Salaries and Expenses’’ in title
10 XII of division B of the Coronavirus Aid, Relief, and Eco-
11 nomic Security Act (Public Law 116–136) is amended by
12 striking ‘‘with funds made available in this Act to’’ and
13 inserting ‘‘by’’: Provided, That the amounts repurposed in
14 this section that were previously designated by the Congress
15 as an emergency requirement pursuant to the Balanced
16 Budget and Emergency Deficit Control Act of 1985 are des-
17 ignated by the Congress as an emergency requirement pur-
18 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985.
20 SEC. 1202. Amounts made available under the head-
21 ings ‘‘Project-Based Rental Assistance’’, ‘‘Housing for the
22 Elderly’’ and ‘‘Housing for Persons With Disabilities’’ in
23 title XII of division B of the CARES Act (Public Law 116–
24 136) and under such headings in this title of this Act may
25 be used, notwithstanding any other provision of law, to pro-
•HR 925 EAH
247
1 vide additional funds to maintain operations for such hous-
2 ing, for providing supportive services, and for taking other
3 necessary actions to prevent, prepare for, and respond to
4 coronavirus, including to actions to self-isolate, quarantine,
5 or to provide other coronavirus infection control services as
6 recommended by the Centers for Disease Control and Pre-
7 vention, including providing relocation services for resi-
8 dents of such housing to provide lodging at hotels, motels,
9 or other locations: Provided, That the amounts repurposed
10 pursuant to this section that were previously designated by
11 the Congress as an emergency requirement pursuant to the
12 Balanced Budget and Emergency Deficit Control Act of
13 1985 are designated by the Congress as an emergency re-
14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
15 anced Budget and Emergency Deficit Control Act of 1985.
16 SEC. 1203. Amounts made available in this Act under
17 the headings ‘‘Northeast Corridor Grants to the National
18 Railroad Passenger Corporation’’ and ‘‘National Network
19 Grants to the National Railroad Passenger Corporation’’
20 shall be used under the same conditions as section 22002
21 of title XII of division B of the Coronavirus Aid, Relief,
22 and Economic Security Act (Public Law 116–136): Pro-
23 vided, That the amounts made available in this Act under
24 such headings shall be used by the National Railroad Pas-
25 senger Corporation to prevent employee furloughs as a re-
•HR 925 EAH
248
1 sult of efforts to prevent, prepare for, and respond to
2 coronavirus: Provided further, That none of the funds made
3 available in this Act under such headings may be used by
4 the National Railroad Passenger Corporation to reduce the
5 frequency of rail service on any long-distance route (as de-
6 fined in section 24102 of title 49, United States Code) below
7 frequencies for such routes in fiscal year 2019, except in
8 an emergency or during maintenance or construction out-
9 ages impacting such routes: Provided further, That the
10 coronavirus shall not qualify as an emergency in the pre-
11 ceding proviso.
12 SEC. 1204. For fiscal year 2021, in addition to pay-
13 ments made pursuant to 53106 of title 46, United States
14 Code, the Secretary of Transportation shall pay to the con-
15 tractor for an operating agreement entered into pursuant
16 to chapter 531 of title 46, United States Code, for each vessel
17 that is covered by such operating agreement as of the date
18 of enactment of this Act, an amount equal to $500,000: Pro-
19 vided, That payments authorized by this section shall be
20 paid not later than 60 days after the date of enactment
21 of this Act: Provided further, That any unobligated balances
22 remaining from the amounts made available for payments
23 under the heading ‘‘Maritime Administration—Maritime
24 Security Program’’ in any prior Act may be used for such
25 payments.
•HR 925 EAH
249
1 SEC. 1205. During the duration of the national emer-
2 gency declared by the President concerning the novel
3 coronavirus disease (COVID–19), the Secretary may extend
4 the time period referenced in 23 U.S.C. 120(e)(1) to account
5 for delays in access, construction, repair or other similar
6 issues.
7 TITLE XIII
8 GENERAL PROVISIONS—THIS DIVISION
9 SEC. 1301. Not later than 30 days after the date of
10 enactment of this Act, the head of each executive agency that
11 receives funding in any division of this Act, or that received
12 funding in the Coronavirus Preparedness and Response
13 Supplemental Appropriations Act, 2020 (division A of Pub-
14 lic Law 116–123), the Second Coronavirus Preparedness
15 and Response Supplemental Appropriations Act, 2020 (di-
16 vision A of Public Law 116–127), the CARES Act (Public
17 Law 116–136), or the Paycheck Protection Program and
18 Health Care Enhancement Act (Public Law 116–139) shall
19 provide a report detailing the anticipated uses of all such
20 funding to the Committees on Appropriations of the House
21 of Representatives and the Senate: Provided, That each re-
22 port shall include estimated personnel and administrative
23 costs, as well as the total amount of funding apportioned,
24 allotted, obligated, and expended, to date: Provided further,
25 That each such report shall be updated and submitted to
•HR 925 EAH
250
1 such Committees every 60 days until all funds are expended
2 or expire: Provided further, That reports submitted pursu-
3 ant to this section shall satisfy the requirements of section
4 1701 of division A of Public Law 116–127.
5 SEC. 1302. Each amount appropriated or made avail-
6 able by this Act is in addition to amounts otherwise appro-
7 priated for the fiscal year involved.
8 SEC. 1303. No part of any appropriation contained
9 in this Act shall remain available for obligation beyond the
10 current fiscal year unless expressly so provided herein.
11 SEC. 1304. Unless otherwise provided for by this Act,
12 the additional amounts appropriated by this Act to appro-
13 priations accounts shall be available under the authorities
14 and conditions applicable to such appropriations accounts
15 for fiscal year 2021.
16 SEC. 1305. Each amount designated in this Act by the
17 Congress as being for an emergency requirement pursuant
18 to section 251(b)(2)(A)(i) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985 shall be available
20 (or rescinded or transferred, if applicable) only if the Presi-
21 dent subsequently so designates all such amounts and trans-
22 mits such designations to the Congress.
23 SEC. 1306. (a) STATUTORY PAYGO EMERGENCY DES-
24 IGNATION.—The amounts provided under division B and
25 each succeeding division are designated as an emergency
•HR 925 EAH
251
1 requirement pursuant to section 4(g) of the Statutory Pay-
2 As-You-Go Act of 2010 (2 U.S.C. 933(g)), and the budgetary
3 effects shall not be entered on either PAYGO scorecard
4 maintained pursuant to section 4(d) of such Act.
5 (b) SENATE PAYGO EMERGENCY DESIGNATION.—In
6 the Senate, division B and each succeeding division are des-
7 ignated as an emergency requirement pursuant to section
8 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
9 resolution on the budget for fiscal year 2018.
10 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not-
11 withstanding Rule 3 of the Budget Scorekeeping Guidelines
12 set forth in the joint explanatory statement of the committee
13 of conference accompanying Conference Report 105–217
14 and section 250(c)(8) of the Balanced Budget and Emer-
15 gency Deficit Control Act of 1985, the budgetary effects of
16 division B and each succeeding division—
17 (1) shall not be estimated for purposes of section
18 251 of such Act;
19 (2) shall not be estimated for purposes of para-
20 graph (4)(C) of section 3 of the Statutory Pay As-
21 You-Go Act of 2010 as being included in an appro-
22 priation Act; and
23 (3) shall be treated as if they were contained in
24 a PAYGO Act, as defined by section 3(7) of the Statu-
25 tory Pay-As-You-Go Act of 2010 (2 U.S.C. 932(7)).
•HR 925 EAH
252
1 SEC. 1307. (a) Any contract or agreement entered into
2 by an agency with a State or local government or any other
3 non-Federal entity for the purposes of providing covered as-
4 sistance, including any information and documents related
5 to the performance of and compliance with such contract
6 or agreement, shall be—
7 (1) deemed an agency record for purposes of sec-
8 tion 552(f)(2) of title 5, United States Code; and
9 (2) subject to section 552 of title 5, United States
10 Code (commonly known as the ‘‘Freedom of Informa-
11 tion Act’’).
12 (b) In this section—
13 (1) the term ‘‘agency’’ has the meaning given the
14 term in section 551 of title 5, United States Code;
15 and
16 (2) the term ‘‘covered assistance’’—
17 (A) means any assistance provided by an
18 agency in accordance with an Act or amend-
19 ments made by an Act to provide aid, assistance,
20 or funding related to the outbreak of COVID–19
21 that is enacted before, on, or after the date of en-
22 actment of this Act; and
23 (B) includes any such assistance made
24 available by an agency under—
25 (i) any division of this Act;
•HR 925 EAH
253
1 (ii) the Paycheck Protection Program
2 and Health Care Enhancement Act (Public
3 Law 116–139), or an amendment made by
4 that Act;
5 (iii) the CARES Act (Public Law 116–
6 136), or an amendment made by that Act;
7 (iv) the Families First Coronavirus
8 Response Act (Public Law 116–127), or an
9 amendment made by that Act; or
10 (v) the Coronavirus Preparedness and
11 Response Supplemental Appropriations Act,
12 2020 (Public Law 116–123), or an amend-
13 ment made by that Act.
14 SEC. 1308. (a) Notwithstanding any other provision
15 of law and in a manner consistent with other provisions
16 in any division of this Act, all laborers and mechanics em-
17 ployed by contractors and subcontractors on projects funded
18 directly by or assisted in whole or in part by and through
19 the Federal Government pursuant to any division of this
20 Act shall be paid wages at rates not less than those pre-
21 vailing on projects of a character similar in the locality
22 as determined by the Secretary of Labor in accordance with
23 subchapter IV of chapter 31 of title 40, United States Code.
24 With respect to the labor standards specified in this section,
25 the Secretary of Labor shall have the authority and func-
•HR 925 EAH
254
1 tions set forth in Reorganization Plan Numbered 14 of 1950
2 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title
3 40, United States Code.
4 (b) The amounts provided by this section are des-
5 ignated by the Congress as being for an emergency require-
6 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
7 Budget and Emergency Deficit Control Act of 1985.
8 This division may be cited as the ‘‘Coronavirus Recov-
9 ery Supplemental Appropriations Act, 2021’’.
10 DIVISION B—PROVIDING RELIEF
11 TO STUDENTS, INSTITUTIONS
12 OF HIGHER EDUCATION,
13 LOCAL EDUCATIONAL AGEN-
14 CIES, AND STATE VOCA-
15 TIONAL REHABILITATION
16 AGENCIES
17 SEC. 100. SHORT TITLE.
18 This division may be cited as the ‘‘Pandemic Edu-
19 cation Response Act’’.
20 TITLE I—HIGHER EDUCATION
21 PROVISIONS
22 SEC. 101. DEFINITIONS.
23 In this title:
•HR 925 EAH
255
1 (1) AWARD YEAR.—The term ‘‘award year’’ has
2 the meaning given the term in section 481(a) of the
3 Higher Education Act of 1965 (20 U.S.C. 1088(a)).
4 (2) AUTHORIZING COMMITTEES.—The term ‘‘au-
5 thorizing committees’’ has the meaning given the term
6 in section 103 of the Higher Education Act of 1965
7 (20 U.S.C. 1003).
8 (3) FAFSA.—The term ‘‘FAFSA’’ means an ap-
9 plication under section 483 of the Higher Education
10 Act of 1965 (20 U.S.C. 1090) for Federal student fi-
11 nancial aid.
12 (4) INSTITUTION OF HIGHER EDUCATION.—The
13 term ‘‘institution of higher education’’ has the mean-
14 ing given the term in section 102 of the Higher Edu-
15 cation Act of 1965 (20 U.S.C. 1002).
16 (5) QUALIFYING EMERGENCY.—The term ‘‘quali-
17 fying emergency’’ has the meaning given the term in
18 section 3502 of the CARES Act (Public Law 116–
19 136), as amended by this Act.
20 (6) QUALIFYING EMERGENCY PERIOD.—The term
21 ‘‘qualifying emergency period’’ means the period—
22 (A) beginning on the first day of a quali-
23 fying emergency; and
•HR 925 EAH
256
1 (B) ending on the later of the date on which
2 the qualifying emergency expires or June 30,
3 2021.
4 (7) SECRETARY.—The term ‘‘Secretary’’ means
5 the Secretary of Education.
6 Subtitle A—Cares Act Amendments
7 SEC. 111. APPLICATION OF CAMPUS-BASED AID WAIVERS.
8 (a) APPLICATION.—Section 3503 of the CARES Act is
9 amended—
10 (1) in subsection (a)—
11 (A) by inserting ‘‘or for any other award
12 year that includes any portion of a qualifying
13 emergency period,’’ after ‘‘2020–2021,’’; and
14 (B) by inserting ‘‘and a nonprofit organiza-
15 tion providing employment under section
16 443(b)(5) of such Act’’ after ‘‘waive the require-
17 ment that a participating institution of higher
18 education’’; and
19 (2) in subsection (b), by striking ‘‘during a pe-
20 riod of a qualifying emergency’’ and inserting ‘‘dur-
21 ing any award year that includes any portion of a
22 qualifying emergency period’’.
23 (b) EFFECTIVE DATE.—The amendments made by sub-
24 section (a) shall take effect as if included in the enactment
25 of the CARES Act (Public Law 116–136).
•HR 925 EAH
257
1 SEC. 112. SUPPLEMENTAL EDUCATIONAL OPPORTUNITY
2 GRANTS FOR EMERGENCY AID.
3 (a) USE AND TREATMENT.—Section 3504 of the
4 CARES Act (Public Law 116–136) is amended—
5 (1) in subsection (a), by inserting ‘‘that includes
6 any portion of a qualifying emergency period’’ after
7 ‘‘for a fiscal year’’; and
8 (2) by striking subsection (c).
9 (b) EFFECTIVE DATE.—The amendments made by sub-
10 section (a) shall take effect as if included in the enactment
11 of the CARES Act (Public Law 116–136).
12 SEC. 113. EXTENSION OF FEDERAL WORK-STUDY DURING A
13 QUALIFYING EMERGENCY.
14 (a) FEDERAL WORK-STUDY DURING A QUALIFYING
15 EMERGENCY.—Section 3505 of the CARES Act (Public
16 Law 116–136) is amended—
17 (1) in subsection (a)—
18 (A) in the matter preceding paragraph
19 (1)—
20 (i) by striking ‘‘In the event of a quali-
21 fying emergency’’ and inserting ‘‘During a
22 qualifying emergency period’’; and
23 (ii) by striking ‘‘(not to’’ and all that
24 follows through the semicolon and inserting
25 ‘‘in which affected students are unable to
26 fulfill the students’ work-study obligation
•HR 925 EAH
258
1 due to such qualifying emergency, as fol-
2 lows:’’;
3 (B) in paragraph (1), by striking ‘‘as a one
4 time grant’’ and inserting ‘‘as a one-time grant
5 in each payment period the student is awarded
6 work-study’’; and
7 (C) in paragraph (2), by striking ‘‘or was
8 not completing the work obligation necessary to
9 receive work study funds under such part prior
10 to the occurrence of the qualifying emergency’’;
11 and
12 (2) in subsection (b)—
13 (A) in paragraph (1)—
14 (i) by striking ‘‘for the academic year
15 during which a qualifying emergency oc-
16 curred;’’ and inserting ‘‘for an academic
17 year that includes any portion of a quali-
18 fying emergency period; and’’; and
19 (B) by striking paragraph (2) and redesig-
20 nating paragraph (3) as paragraph (2).’’.
21 (b) EFFECTIVE DATE.—The amendments made by sub-
22 section (a) shall take effect as if included in the enactment
23 of the CARES Act (Public Law 116–136).
•HR 925 EAH
259
1 SEC. 114. SERVICE OBLIGATIONS FOR TEACHERS AND
2 OTHER PROFESSIONALS.
3 (a) AMENDMENT.—Section 3519 of the CARES Act
4 (Public Law 116–136) is amended—
5 (1) in the section heading, by inserting ‘‘AND
6 OTHER PROFESSIONALS’’ after ‘‘TEACHERS’’; and
7 (2) by adding at the end the following:
8 ‘‘(c) FEDERAL PERKINS LOANS.—Notwithstanding
9 section 465 of the Higher Education Act of 1965 (20 U.S.C.
10 1087ee), the Secretary shall waive the requirements of such
11 section in regard to full-time service and shall consider an
12 incomplete year of service of a borrower as fulfilling the
13 requirement for a complete year of service under such sec-
14 tion, if the service was interrupted due to a qualifying
15 emergency.’’.
16 (b) EFFECTIVE DATE.—The amendments made by sub-
17 section (a) shall take effect as if included in the enactment
18 of the CARES Act (Public Law 116–136).
19 SEC. 115. CONTINUING EDUCATION AT AFFECTED FOREIGN
20 INSTITUTIONS.
21 (a) IN GENERAL.—Section 3510 of the CARES Act (20
22 U.S.C. 1001 note) is amended—
23 (1) in subsection (a), by striking ‘‘for the dura-
24 tion of such emergency’’ and all that follows through
25 the period at the end and inserting ‘‘for purposes of
26 title IV of the Higher Education Act of 1965 (20
•HR 925 EAH
260
1 U.S.C. 1070 et seq.) until the end of the covered pe-
2 riod applicable to the institution.’’;
3 (2) in subsection (b), by striking ‘‘for the dura-
4 tion of the qualifying emergency and the following
5 payment period for purposes of title IV of the Higher
6 Education Act of 1965 (20 U.S.C. 1070 et seq.).’’ and
7 inserting ‘‘until the end of the covered period applica-
8 ble to the institution.’’;
9 (3) in subsection (c), by striking ‘‘for the dura-
10 tion of the qualifying emergency and the following
11 payment period,’’ and inserting ‘‘until all covered pe-
12 riods for foreign institutions carrying out a distance
13 education program authorized under this section have
14 ended,’’;
15 (4) in subsection (d)—
16 (A) in paragraph (1)—
17 (i) by striking ‘‘for the duration of a
18 qualifying emergency and the following
19 payment period,’’ and inserting ‘‘until the
20 end of the covered period applicable to a
21 foreign institution,’’; and
22 (ii) by striking ‘‘allow a foreign insti-
23 tution’’ and inserting ‘‘allow the foreign in-
24 stitution’’;
•HR 925 EAH
261
1 (B) in each of subparagraphs (A) and (B)
2 of paragraph (2), by striking ‘‘subsection (a)’’
3 and inserting ‘‘paragraph (1)’’;
4 (C) in paragraph (3)(B), by striking ‘‘30
5 days’’ and inserting ‘‘10 days’’; and
6 (D) in paragraph (4)—
7 (i) by striking ‘‘for the duration of the
8 qualifying emergency and the following
9 payment period,’’ and inserting ‘‘until all
10 covered periods for foreign institutions that
11 entered into written arrangements under
12 paragraph (1) have ended,’’; and
13 (ii) by striking ‘‘identifies each foreign
14 institution that entered into a written ar-
15 rangement under subsection (a).’’ and in-
16 serting the following: ‘‘identifies, for each
17 such foreign institution—
18 ‘‘(A) the name of the foreign institution;
19 ‘‘(B) the name of the institution of higher
20 education located in the United States that has
21 entered into a written arrangement with such
22 foreign institution; and
23 ‘‘(C) information regarding the nature of
24 such written arrangement, including which
•HR 925 EAH
262
1 coursework or program requirements are accom-
2 plished at each respective institution.’’; and
3 (5) by adding at the end the following:
4 ‘‘(e) DEFINITION OF COVERED PERIOD.—
5 ‘‘(1) IN GENERAL.—In this section, the term
6 ‘covered period’, when used with respect to a foreign
7 institution of higher education, means the period—
8 ‘‘(A) beginning on the first day of—
9 ‘‘(i) a qualifying emergency; or
10 ‘‘(ii) a public health emergency, major
11 disaster or emergency, or national emer-
12 gency declared by the applicable government
13 authorities in the country in which the for-
14 eign institution is located; and
15 ‘‘(B) ending on the later of—
16 ‘‘(i) subject to paragraph (2), the last
17 day of the payment period, for purposes of
18 title IV of the Higher Education Act of
19 1965 (20 U.S.C. 1070 et seq.), following the
20 end of any qualifying emergency or any
21 emergency or disaster described in subpara-
22 graph (A)(ii) applicable to the foreign insti-
23 tution; or
24 ‘‘(ii) June 30, 2022.
•HR 925 EAH
263
1 ‘‘(2) SPECIAL RULE FOR CERTAIN PAYMENT PE-
2 RIODS.—For purposes of subparagraph (B)(i), if the
3 following payment period for an award year ends be-
4 fore June 30 of such award year, the covered period
5 shall be extended until June 30 of such award year.’’.
6 (b) EFFECTIVE DATE.—The amendments made by sub-
7 section (a) shall take effect as if included in the enactment
8 of the CARES Act (Public Law 116–136).
9 SEC. 116. FUNDING FOR HBCU CAPITAL FINANCING; EN-
10 DOWMENT CHALLENGE GRANTS.
11 (a) FUNDING FOR HBCU CAPITAL FINANCING.—
12 (1) AMENDMENTS.—Section 3512 of division A
13 of the Coronavirus Aid, Relief, and Economic Secu-
14 rity Act (20 U.S.C. 1001 note) is amended—
15 (A) in subsection (a)—
16 (i) in paragraph (1), by striking
17 ‘‘may’’ and inserting ‘‘shall’’; and
18 (ii) in paragraph (2)—
19 (I) in subparagraph (A), by strik-
20 ing ‘‘or interest’’ and inserting ‘‘or in-
21 terest, or any applicable fees or re-
22 quired funds,’’; and
23 (II) in subparagraph (B)—
24 (aa) by striking ‘‘payments’’
25 and inserting ‘‘payments, and
•HR 925 EAH
264
1 any payments of applicable fees
2 and required funds,’’; and
3 (bb) by striking the period
4 and inserting ‘‘; and’’; and
5 (III) by adding at the end the fol-
6 lowing:
7 ‘‘(C) the institution may pay, without pen-
8 alty, any periodic installment of principal or in-
9 terest required under the loan agreement for such
10 loan.’’; and
11 (B) in subsection (d), by striking
12 ‘‘$62,000,000’’ and inserting ‘‘such sums as may
13 be necessary’’.
14 (2) EFFECTIVE DATE.—The amendments made
15 by this subsection shall take effect as if enacted as
16 part of the Coronavirus Aid, Relief, and Economic
17 Security Act (Public Law 116–136).
18 (b) ENDOWMENT CHALLENGE GRANTS.—For the dura-
19 tion of a qualifying emergency (as defined in section 3502
20 of the Coronavirus Aid, Relief, and Economic Security Act
21 (20 U.S.C. 1001 note)), notwithstanding the provisions of
22 subsections (b)(3), (c)(3)(B), and (d) of section 331 of the
23 Higher Education Act of 1965 (20 U.S.C. 1065) applicable
24 during the grant period for an endowment challenge grant
25 awarded to an institution under such section 331 (20
•HR 925 EAH
265
1 U.S.C. 1065), the institution may use the endowment fund
2 corpus plus any endowment fund income—
3 (1) for any educational purpose; or
4 (2) to defray any expenses necessary to the oper-
5 ation of the institution, including expenses of oper-
6 ations and maintenance, administration, academic
7 and support personnel, construction and renovation,
8 community and student services programs, and tech-
9 nical assistance.
10 SEC. 117. WAIVER AUTHORITY FOR INSTITUTIONAL AID.
11 (a) IN GENERAL.—Section 3517(a)(1)(D) of the
12 CARES Act (Public Law 116–136) is amended by striking
13 ‘‘(b), (c), and (g)’’ and inserting ‘‘(b) and (c)’’.
14 (b) EFFECTIVE DATE.—The amendment made by sub-
15 section (a) shall take effect as if included in the enactment
16 of the CARES Act (Public Law 116–136).
17 SEC. 118. SCOPE OF MODIFICATIONS TO REQUIRED AND AL-
18 LOWABLE USES.
19 (a) AMENDMENT TO INCLUDE MINORITY SCIENCE AND
20 ENGINEERING IMPROVEMENT PROGRAM.—Subsection (a) of
21 section 3518 of the CARES Act (Public Law 116–136) is
22 amended—
23 (1) by striking ‘‘part A or B of title III,’’ and
24 inserting ‘‘part A, part B, or subpart 1 of part E of
25 title III,’’; and
•HR 925 EAH
266
1 (2) by inserting ‘‘1067 et seq.;’’ after ‘‘1060 et
2 seq.;’’.
3 (b) AMENDMENT TO MATCHING REQUIREMENT MODI-
4 FICATIONS.—Subsection (b) of section 3518 of the CARES
5 Act (Public Law 116–136) is amended—
6 (1) by striking ‘‘Notwithstanding’’ and inserting
7 the following:
8 ‘‘(1) IN GENERAL.—Notwithstanding’’;
9 (2) in paragraph (1), as so designated by this
10 subsection—
11 (A) by striking ‘‘is authorized to’’ and in-
12 serting ‘‘shall’’; and
13 (B) by striking ‘‘share’’ and inserting
14 ‘‘share, non-Federal share,’’; and
15 (3) by adding at the end the following new para-
16 graph:
17 ‘‘(2) WAIVER OF GEAR UP MATCHING REQUIRE-
18 MENT.—
19 ‘‘(A) IN GENERAL.—Notwithstanding sec-
20 tion 404C(b) of the Higher Education Act of
21 1965 (20 U.S.C. 1070a–23(b)), the Secretary
22 shall waive, for the duration of the period de-
23 scribed in subparagraph (B), any requirement
24 for an eligible entity (as defined in section
25 404A(c) (20 U.S.C. 1070a–21(c))) to provide a
•HR 925 EAH
267
1 percentage of the cost of the program authorized
2 under chapter 2 of subpart 2 of part A of title
3 IV of the Higher Education Act of 1965 (20
4 U.S.C. 1070a–21 et seq.) from State, local, insti-
5 tutional, or private funds.
6 ‘‘(B) DESCRIPTION OF PERIOD.—The period
7 described in this subparagraph is the period be-
8 ginning on the first day of a qualifying emer-
9 gency and ending on September 30 of the fiscal
10 year following the end of the qualifying emer-
11 gency.’’.
12 (c) AMENDMENT TO CLARIFY SCOPE OF AUTHORITY.—
13 Section 3518 of the CARES Act (Public Law 116–136) is
14 further amended by adding at the end the following new
15 subsection:
16 ‘‘(d) SCOPE OF AUTHORITY.—Notwithstanding sub-
17 section (a), the Secretary may not modify the required or
18 allowable uses of funds for grants awarded under chapter
19 I or II of subpart 2 of part A of title IV of the Higher
20 Education Act of 1965 (20 U.S.C. 1070a–11 et seq.; 1070a–
21 21 et seq.), in a manner that deviates from the overall pur-
22 pose of the grant program, as provided in the general au-
23 thorization, findings, or purpose of the grant program
24 under the applicable statutory provision cited in such chap-
25 ter.’’.
•HR 925 EAH
268
1 (d) EFFECTIVE DATE.—The amendments made by this
2 section shall take effect as if included in the enactment of
3 the CARES Act (Public Law 116–136).
4 Subtitle B—Financial Aid Access
5 SEC. 121. EMERGENCY FINANCIAL AID GRANTS EXCLUDED
6 FROM NEED ANALYSIS.
7 (a) TREATMENT OF EMERGENCY FINANCIAL AID
8 GRANTS FOR NEED ANALYSIS.—Notwithstanding any pro-
9 vision of the Higher Education Act of 1965 (20 U.S.C. 1001
10 et seq.), emergency financial aid grants—
11 (1) shall not be included as income or assets (in-
12 cluding untaxed income and benefits under section
13 480(b) of the Higher Education Act of 1965 (20
14 U.S.C. 1807vv(b))) in the computation of expected
15 family contribution for any program funded in whole
16 or in part under the Higher Education Act of 1965
17 (20 U.S.C. 1001 et seq.); and
18 (2) shall not be treated as estimated financial as-
19 sistance for the purposes of section 471 or section
20 480(j) of the Higher Education Act of 1965 (20
21 U.S.C. 1087kk; 1087vv(j)).
22 (b) DEFINITION.—In this section, the term ‘‘emergency
23 financial aid grant’’ means—
•HR 925 EAH
269
1 (1) an emergency financial aid grant awarded
2 by an institution of higher education under section
3 3504 of the CARES Act (Public Law 116–136);
4 (2) an emergency financial aid grant from an
5 institution of higher education made with funds made
6 available under section 18004 of the CARES Act
7 (Public Law 116–136); and
8 (3) any other emergency financial aid grant to
9 a student from a Federal agency, a State, an Indian
10 tribe, an institution of higher education, or a scholar-
11 ship-granting organization (including a tribal orga-
12 nization, as defined in section 4 of the Indian Self-
13 Determination and Education Assistance Act (25
14 U.S.C. 5304)) for the purpose of providing financial
15 relief to students enrolled at institutions of higher
16 education in response to a qualifying emergency.
17 SEC. 122. FACILITATING ACCESS TO FINANCIAL AID FOR RE-
18 CENTLY UNEMPLOYED STUDENTS.
19 (a) TREATMENT AS DISLOCATED WORKER.—
20 (1) IN GENERAL.—Notwithstanding section
21 479(d)(1) of the Higher Education Act of 1965 (20
22 U.S.C. 1087ss(d)(1)), any individual who has applied
23 for, or who is receiving, unemployment benefits at the
24 time of the submission of a FAFSA for a covered
25 award year shall be treated as a dislocated worker for
•HR 925 EAH
270
1 purposes of the need analysis under part F of title IV
2 such Act (20 U.S.C. 1087kk et seq.) applicable to such
3 award year.
4 (2) INFORMATION TO APPLICANTS AND INSTITU-
5 TIONS.—The Secretary—
6 (A) for each covered award year, shall en-
7 sure that—
8 (i) any question on the FAFSA used to
9 determine whether an applicant (or, as ap-
10 plicable, a spouse or parent of an appli-
11 cant) is a dislocated worker includes an ex-
12 press reference to individuals who have been
13 laid off;
14 (ii) any help text associated with a
15 question described in clause (i) includes a
16 description of an applicant’s treatment as a
17 dislocated worker under paragraph (1); and
18 (iii) the FAFSA includes a prominent
19 notification, appearing immediately before
20 questions related to tax returns or income
21 that, if the applicant (or, as applicable, a
22 spouse or parent of an applicant) has lost
23 significant income earned from work due to
24 a qualifying emergency, the applicant
25 should contact the financial aid adminis-
•HR 925 EAH
271
1 trator at the institution where the applicant
2 plans to enroll to provide current income
3 information;
4 (B) in consultation with institutions of
5 higher education, shall carry out activities to in-
6 form applicants for Federal student financial
7 aid under the Higher Education Act of 1965 (20
8 U.S.C. 1001 et seq.)—
9 (i) of the treatment of individuals who
10 have applied for, or who are receiving, un-
11 employment benefits as dislocated workers
12 under paragraph (1);
13 (ii) of the availability of means-tested
14 Federal benefits for which such applicants
15 may be eligible; and
16 (iii) of the ability of a financial aid
17 administrator of an institution of higher
18 education to use professional judgment as
19 authorized under section 479A of the Higher
20 Education Act of 1965 (20 U.S.C. 1087tt)
21 and in accordance with subsection (b), to
22 determine, where appropriate, that income
23 earned from work is zero and consider un-
24 employment benefits to be zero, if the appli-
25 cant (or, as applicable, a spouse or parent
•HR 925 EAH
272
1 of an applicant) has applied for or is re-
2 ceiving unemployment benefits;
3 (C) shall carry out activities to inform in-
4 stitutions of higher education of the authority of
5 such institutions, with explicit written consent of
6 an applicant for Federal student financial aid
7 under the Higher Education Act of 1965 (20
8 U.S.C. 1001 et seq.), to provide information col-
9 lected from such applicant’s FAFSA to an orga-
10 nization assisting the applicant in applying for
11 and receiving Federal, State, local, or tribal as-
12 sistance in accordance with section 312 of the
13 Department of Defense and Labor, Health and
14 Human Services, and Education Appropriations
15 Act, 2019 and Continuing Appropriations Act,
16 2019 (Public Law 115– 245); and
17 (D) in consultation with the Secretary of
18 Labor, shall carry out activities to inform appli-
19 cants for, and recipients of, unemployment bene-
20 fits of the availability of Federal student finan-
21 cial aid under the Higher Education Act of 1965
22 (20 U.S.C. 1001 et seq.) and the treatment of
23 such applicants and recipients as dislocated
24 workers under paragraph (1).
•HR 925 EAH
273
1 (3) IMPLEMENTATION.—The Secretary shall im-
2 plement this subsection not later than 30 days after
3 the date of enactment of this Act.
4 (4) APPLICABILITY.—Paragraph (1) shall apply
5 with respect to a FAFSA submitted on or after the
6 earlier of—
7 (A) the date on which the Secretary imple-
8 ments this subsection under paragraph (3); or
9 (B) the date that is 30 days after the date
10 of enactment of this Act.
11 (b) PROFESSIONAL JUDGMENT OF FINANCIAL AID AD-
12 MINISTRATORS.—For the purposes of making a professional
13 judgment as authorized under section 479A of the Higher
14 Education Act of 1965 (20 U.S.C. 1087tt), a financial aid
15 administrator may, during a covered award year—
16 (1) determine that the income earned from work
17 for a student, or a parent or spouse of a student, as
18 applicable, is zero, if the student, parent, or spouse
19 provides paper or electronic documentation of receipt
20 of unemployment benefits or confirmation that an ap-
21 plication for unemployment benefits was submitted;
22 (2) consider the value of unemployment benefits
23 for such student, parent, or spouse to be zero; and
24 (3) make appropriate adjustments to the data
25 items on the FAFSA for a student, parent, or spouse,
•HR 925 EAH
274
1 as applicable, based on the totality of the family’s sit-
2 uation.
3 (c) UNEMPLOYMENT DOCUMENTATION.—For the pur-
4 poses of documenting unemployment benefits or application
5 for such benefits under subsection (b), such documentation
6 shall be accepted if such documentation is submitted not
7 more than 90 days from the date on which such documenta-
8 tion was issued, unless a financial aid administrator knows
9 that the student, parent, or spouse, as applicable, has al-
10 ready obtained other employment.
11 (d) ADJUSTMENTS TO PROGRAM REVIEW MODEL.—
12 The Secretary shall make adjustments to the model used to
13 select institutions of higher education participating in title
14 IV of the Higher Education Act of 1965 (20 U.S.C. 1070
15 et seq.) for program reviews, in order to—
16 (1) account for any rise in the use of professional
17 judgment as authorized under section 479A of such
18 Act (20 U.S.C. 1087tt) during the 2020–2021 and
19 2021–2022 award years; and
20 (2) ensure that institutions are not penalized for
21 an increase in the use of professional judgment dur-
22 ing such award years.
23 (e) DEFINITIONS.—In this section:
24 (1) COVERED AWARD YEAR.—The term ‘‘covered
25 award year’’ means—
•HR 925 EAH
275
1 (A) an award year during which there is a
2 qualifying emergency; and
3 (B) the first award year beginning after the
4 end of such qualifying emergency.
5 (2) MEANS-TESTED FEDERAL BENEFIT.—The
6 term ‘‘means-tested Federal benefit’’ includes the fol-
7 lowing:
8 (A) The supplemental security income pro-
9 gram under title XVI of the Social Security Act
10 (42 U.S.C. 1381 et seq.).
11 (B) The supplemental nutrition assistance
12 program under the Food and Nutrition Act of
13 2008 (7 U.S.C. 2011 et seq.).
14 (C) The free and reduced price school lunch
15 program established under the Richard B. Rus-
16 sell National School Lunch Act (42 U.S.C. 1751
17 et seq.).
18 (D) The program of block grants for States
19 for temporary assistance for needy families es-
20 tablished under part A of title IV of the Social
21 Security Act (42 U.S.C. 601 et seq.).
22 (E) The special supplemental nutrition pro-
23 gram for women, infants, and children estab-
24 lished by section 17 of the Child Nutrition Act
25 of 1966 (42 U.S.C. 1786).
•HR 925 EAH
276
1 (F) The Medicaid program under title XIX
2 of the Social Security Act (42 U.S.C. 1396 et
3 seq.).
4 (G) The tax credits provided under the fol-
5 lowing sections of the Internal Revenue Code of
6 1986 (title 26, United States Code):
7 (i) Section 25A (relating to American
8 Opportunity and Lifetime Learning cred-
9 its).
10 (ii) Section 32 (relating to earned in-
11 come).
12 (iii) Section 36B (relating to refund-
13 able credit for coverage under a qualified
14 health plan).
15 (iv) Section 6428 (relating to 2020 re-
16 covery rebates for individuals).
17 (H) Federal housing assistance programs,
18 including tenant-based assistance under section
19 8(o) of the United States Housing Act of 1937
20 (42 U.S.C. 1437f(o)), and public housing, as de-
21 fined in section 3(b)(1) of such Act (42 U.S.C.
22 1437a(b)(1)).
23 (I) Such other Federal means-tested benefits
24 as may be identified by the Secretary.
•HR 925 EAH
277
1 SEC. 123. STUDENT ELIGIBILITY FOR HIGHER EDUCATION
2 EMERGENCY RELIEF FUND AND OTHER HIGH-
3 ER EDUCATION FUNDS.
4 (a) IN GENERAL.—With respect to student eligibility
5 for receipt of funds provided under section 18004 of the
6 CARES Act (Public Law 116–136) and under title VIII
7 of division A of this Act—
8 (1) the Secretary is prohibited from imposing
9 any restriction on, or defining, the populations of stu-
10 dents who may receive such funds other than a re-
11 striction based solely on the student’s enrollment at
12 the institution of higher education; and
13 (2) section 401(a) the Personal Responsibility
14 and Work Opportunity Reconciliation Act of 1996 (8
15 U.S.C. 1611(a)) shall not apply.
16 (b) EFFECTIVE DATE.—Subsection (a) shall take effect
17 as if included in the enactment of the CARES Act (Public
18 Law 116–136), and an institution of higher education that
19 provided funds to a student before the date of enactment
20 of this Act shall not be penalized if such provision is con-
21 sistent with such subsection and section 18004 of the
22 CARES Act (Public Law 116–136).
23 SEC. 124. DISTANCE EDUCATION.
24 (a) DEFINITION OF DISTANCE EDUCATION.—
25 (1) IN GENERAL.—Notwithstanding section
26 103(7) of the Higher Education Act of 1965 (20
•HR 925 EAH
278
1 U.S.C. 1003(7)) and except as otherwise specified in
2 section 486 of the Higher Education Act of 1965 (20
3 U.S.C. 1093), the term ‘‘distance education’’ as used
4 in title IV of the Higher Education Act of 1965 (20
5 U.S.C. 1070 et seq.) shall have the meaning given that
6 term in section 600.2 of title 34, Code of Federal Reg-
7 ulations, as amended by the final regulations entitled
8 ‘‘Distance Education and Innovation’’ published by
9 the Department of Education in the Federal Register
10 on September 2, 2020 (85 Fed. Reg. 54809), or any
11 succeeding regulations.
12 (2) INFORMATION TO ACCREDITING AGENCY.—
13 Not later than 90 days after the date of enactment of
14 this Act, each institution of higher education that
15 participates in a program under title IV of the High-
16 er Education Act of 1965 (20 U.S.C. 1070 et seq.)
17 and that provides one or more educational programs
18 through distance education shall submit to the insti-
19 tution’s accrediting agency or association, a descrip-
20 tion of how the institution plans to meet the require-
21 ments of this subsection.
22 (3) EFFECTIVE DATE.—This subsection shall take
23 effect with respect to any semester (or the equivalent)
24 that begins on or after December 1, 2020.
•HR 925 EAH
279
1 (b) APPROVAL FOR EXPANDED DISTANCE EDU-
2 CATION.—
3 (1) IN GENERAL.—
4 (A) IN GENERAL.—Notwithstanding section
5 481(b)(3) of the Higher Education Act of 1965
6 (20 U.S.C. 1088(b)(3)), an institution of higher
7 education described in subparagraph (B) may
8 deliver distance education by offering programs
9 in whole or in part through telecommunications
10 and be eligible to participate in a program
11 under title IV if such institution meets the re-
12 quirements of paragraphs (2) through (4).
13 (B) INSTITUTION OF HIGHER EDUCATION.—
14 An institution of higher education described in
15 this subparagraph is an institution of higher
16 education that uses or expands distance edu-
17 cation—
18 (i) in accordance with the flexibilities
19 and waivers provided under the guidance of
20 the Secretary on distance education; and
21 (ii) without following—
22 (I) the standard approval process
23 for distance education (as in effect be-
24 fore March 5, 2020) of the Secretary;
25 or
•HR 925 EAH
280
1 (II) the evaluation process of in-
2 stitution’s accrediting agency or asso-
3 ciation described in paragraph (2)(A).
4 (2) COMMENCEMENT OF EVALUATION PROCESS
5 WITH THE INSTITUTION’S ACCREDITING AGENCY.—
6 (A) IN GENERAL.—Not later than December
7 31, 2020, each institution described in para-
8 graph (1)(B) shall demonstrate to the Secretary
9 that such institution has commenced the evalua-
10 tion process with its accrediting agency or asso-
11 ciation for the purpose of evaluating distance
12 education to determine whether such institution
13 has the capability to—
14 (i) effectively deliver distance edu-
15 cation programs; and
16 (ii) meet the applicable policies and
17 procedures of the accrediting agency or as-
18 sociation (as such policies and procedures
19 were in effect before March 5, 2020).
20 (B) ACCREDITING AGENCY OR ASSOCIA-
21 TION.—In a case in which an accrediting agency
22 or association does not have distance education
23 in the scope of its recognition at the time an in-
24 stitution commences the evaluation process de-
25 scribed in this paragraph, and such agency ex-
•HR 925 EAH
281
1 pands its scope of accreditation to include dis-
2 tance education, not later than 30 days after
3 such change in scope, such agency shall notify
4 the Secretary, in writing, of the change in scope
5 to include distance education, in accordance
6 with section 496(a)(4)(B)(i)(II) of the Higher
7 Education Act of 1965 (20 U.S.C.
8 1099b(a)(4)(B)(i)(II)).
9 (3) COMMENCEMENT OF APPROVAL PROCESS
10 WITH THE SECRETARY.—Not later than December 31,
11 2020, each institution described in paragraph (1)(B)
12 shall commence, with the Secretary, the standard ap-
13 proval process for distance education of the Secretary
14 referred to in paragraph (1)(B)(ii)(I).
15 (4) COMPLETION OF EVALUATION AND APPROVAL
16 PROCESS.—
17 (A) IN GENERAL.—Not later than July 1,
18 2021, an institution of higher education de-
19 scribed in paragraph (1)(B) shall demonstrate to
20 the Secretary that—
21 (i) the institution has completed the
22 evaluation process and standard approval
23 process for distance education under para-
24 graphs (2) and (3), respectively, for each of
25 its applicable programs; and
•HR 925 EAH
282
1 (ii) each such program meets the ap-
2 plicable policies and procedures to offer dis-
3 tance education that are required by the
4 Secretary and the institution’s accrediting
5 agency or association under such para-
6 graphs.
7 (B) LOSS OF ELIGIBILITY.—An institution
8 of higher education that does not meet the re-
9 quirements of subparagraph (A) shall cease offer-
10 ing distance education programs until such time
11 that such institution demonstrates to the Sec-
12 retary that the institution and each of its appli-
13 cable programs meet the requirements of sub-
14 paragraph (A).
15 (c) REQUIREMENTS FOR CERTAIN COVERED ARRANGE-
16 MENTS.—
17 (1) ACCREDITOR REVIEW FOR COVERED AR-
18 RANGEMENTS WITH FOREIGN INSTITUTIONS.—An in-
19 stitution of higher education with a covered arrange-
20 ment with a foreign institution shall demonstrate to
21 the Secretary that the institution has commenced the
22 evaluation process with the institution’s accrediting
23 agency or association to determine, in a case in
24 which the accrediting agency or association has
25 standards for the provision of educational services to
•HR 925 EAH
283
1 another institution, whether such covered arrange-
2 ment meets the standards.
3 (2) REPORTING TO THE SECRETARY.—Beginning
4 not later than 30 days after the date of enactment of
5 this Act, the Secretary shall require the following:
6 (A) INSTITUTIONS WITH COVERED AR-
7 RANGEMENTS WITH NON-TITLE-IV INSTITUTIONS
8 OR ORGANIZATIONS.—An institution of higher
9 education with a covered arrangement with a
10 non-title-IV institution or organization shall re-
11 port to the Secretary not later than 10 days after
12 the institution of higher education establishes or
13 modifies such covered arrangement—
14 (i) the name of the institution or orga-
15 nization that is not eligible to participate
16 in a program under title IV;
17 (ii) a summary of such arrangement,
18 including the percentages and components
19 of the educational program to be offered by
20 the institution of higher education and such
21 institution or organization; and
22 (iii) an attestation that the institution
23 of higher education and such institution or
24 organization meet the requirements of sec-
25 tion 668.5(c) of title 34, Code of Federal
•HR 925 EAH
284
1 Regulations (as such section is in effect on
2 the date of enactment of this Act), including
3 the specific determination from the institu-
4 tion of higher education’s accrediting agen-
5 cy or association that the institution’s ar-
6 rangement meets the agency or association’s
7 standards for the contracting out of edu-
8 cational services.
9 (B) INSTITUTIONS WITH COVERED AR-
10 RANGEMENTS WITH FOREIGN INSTITUTIONS.—An
11 institution of higher education with a covered
12 arrangement with a foreign institution shall re-
13 port to the Secretary—
14 (i) not later than 10 days after such
15 institution establishes such covered arrange-
16 ment—
17 (I) the name of the foreign insti-
18 tution; and
19 (II) a summary of such arrange-
20 ment, including the percentages and
21 components of the educational program
22 to be offered by the institution of high-
23 er education and the foreign institu-
24 tion; and
•HR 925 EAH
285
1 (ii) if applicable, not later than 10
2 days after the date on which the institu-
3 tion’s accrediting agency or association pro-
4 vides its determination to the institution in
5 accordance with paragraph (1), the deter-
6 mination made by the institution’s accred-
7 iting agency or association.
8 (3) INFORMATION MADE AVAILABLE TO STU-
9 DENTS.—
10 (A) INSTITUTIONS WITH COVERED AR-
11 RANGEMENTS WITH NON-TITLE-IV INSTITUTIONS
12 OR ORGANIZATIONS.—An institution of higher
13 education with a covered arrangement with a
14 non-title-IV institution or organization shall
15 provide directly to enrolled and prospective stu-
16 dents, and make available on a publicly acces-
17 sible website of the institution, a description of
18 each covered arrangement with a non-title-IV in-
19 stitution or organization, including information
20 on—
21 (i) the portion of the educational pro-
22 gram that the institution of higher edu-
23 cation is not providing;
24 (ii) the name and location of the non-
25 title-IV institution or organization that is
•HR 925 EAH
286
1 providing such portion of the educational
2 program;
3 (iii) the method of delivery of such por-
4 tion of the educational program; and
5 (iv) the estimated additional costs stu-
6 dents may incur as the result of enrolling
7 in an educational program that is provided
8 under the covered arrangement.
9 (B) INSTITUTIONS WITH COVERED AR-
10 RANGEMENTS WITH FOREIGN INSTITUTIONS.—In
11 the case of an institution of higher education
12 with a covered arrangement with a foreign insti-
13 tution, the foreign institution in such arrange-
14 ment shall provide the information described in
15 subparagraph (A) regarding the covered arrange-
16 ment in the same manner as applies to an insti-
17 tution of higher education with a covered ar-
18 rangement with a non-title-IV institution or or-
19 ganization subject to such subparagraph.
20 (4) ENFORCEMENT.—The Secretary shall take
21 such enforcement actions under section 487(c) of the
22 Higher Education Act of 1965 (20 U.S.C. 1094(c)) as
23 necessary until such time as an institution of higher
24 education with a covered arrangement subject to this
•HR 925 EAH
287
1 subsection can demonstrate that the institution
2 meets—
3 (A) the standards of the institution’s accred-
4 iting agency or association for the contracting
5 out of educational services; and
6 (B) in the case of an institution with a cov-
7 ered arrangement with a foreign institution, the
8 standards, if applicable, of the accrediting agen-
9 cy or association for the provision of educational
10 services to another institution.
11 (d) REQUIRED REPORTS.—
12 (1) REPORTS BY ACCREDITING AGENCY OR ASSO-
13 CIATION.—
14 (A) IN GENERAL.—Not later than 15 busi-
15 ness days after an accrediting agency or associa-
16 tion completes the review of an institution of
17 higher education subject to the requirements of
18 subsection (b) or (c), the accrediting agency or
19 association shall publish a report regarding the
20 review.
21 (B) REQUIREMENTS.—The report under
22 subparagraph (A) shall—
23 (i) be published on the website of the
24 accrediting agency or association; and
•HR 925 EAH
288
1 (ii) include a summary of the conclu-
2 sion and the relevant findings that such
3 agency or association provided such institu-
4 tion of higher education in granting, as ap-
5 plicable—
6 (I) the approval or denial for an
7 institution of higher education to de-
8 liver distance education under sub-
9 section (b); or
10 (II) the approval or denial of an
11 institution of higher education to enter
12 into or modify a written arrangement
13 in accordance with subsection (c).
14 (2) REPORTS BY SECRETARY.—By March 31,
15 2021, and quarterly thereafter, the Secretary shall
16 provide the Committee on Health, Education, Labor,
17 and Pensions of the Senate and the Committee on
18 Education and Labor of the House of Representatives,
19 and publish on a publicly available website, a report
20 of the information collected under paragraph (1) and
21 subsection (c)(2).
22 (e) OTHER DEFINITIONS.—In this section:
23 (1) ACCREDITING AGENCY OR ASSOCIATION.—The
24 term ‘‘accrediting agency or association’’ means—
•HR 925 EAH
289
1 (A) an accrediting agency or association
2 that is recognized by the Secretary under subpart
3 2 of part H of title IV of the Higher Education
4 Act of 1965 (20 U.S.C. 1099b); or
5 (B) in the case of a public postsecondary
6 vocational institution whose eligibility for Fed-
7 eral student assistance programs is being deter-
8 mined by a State agency listed under section
9 487(c)(4) of the Higher Education Act of 1965
10 (20 U.S.C. 1094(c)(4)), such a State agency.
11 (2) COVERED ARRANGEMENT WITH A FOREIGN
12 INSTITUTION.—The term ‘‘covered arrangement with
13 a foreign institution’’ means a written arrangement
14 entered into between an institution of higher edu-
15 cation and a foreign institution, on or after March
16 13, 2020, to provide an educational program.
17 (3) COVERED ARRANGEMENT WITH A NON-TITLE-
18 IV INSTITUTION OR ORGANIZATION.—The term ‘‘cov-
19 ered arrangement with a non-title-IV institution or
20 organization’’ means a written arrangement—
21 (A) to provide an educational program that
22 satisfies the requirements of section 668.8 of title
23 34, Code of Federal Regulations (as such section
24 is in effect on the date of enactment of this Act)
25 between an institution of higher education and
•HR 925 EAH
290
1 an institution or organization that is not eligible
2 to participate in a program under title IV;
3 (B) entered into, or modified, on or after
4 March 13, 2020; and
5 (C) through which the institution or organi-
6 zation that is not eligible to participate in a
7 program under title IV will provide more than
8 25 percent, but less than 50 percent of the edu-
9 cational program subject to the arrangement.
10 (4) FOREIGN INSTITUTION.—The term ‘‘foreign
11 institution’’ means an institution located outside the
12 United States that is described in paragraphs (1)(C)
13 and (2) of section 102(a) of the Higher Education Act
14 of 1965 (20 U.S.C. 1002(a)).
15 (5) GUIDANCE OF THE SECRETARY ON DISTANCE
16 EDUCATION.—The term ‘‘guidance of the Secretary on
17 distance education’’ means the guidance of the Sec-
18 retary entitled ‘‘UPDATED Guidance for interrup-
19 tions of study related to Coronavirus (COVID–19)’’
20 dated June 16, 2020 (or prior or succeeding guid-
21 ance).
22 (6) INSTITUTION OF HIGHER EDUCATION.—The
23 term ‘‘institution of higher education’’ has the mean-
24 ing given that term in section 102 of the Higher Edu-
25 cation Act of 1965 (20 U.S.C. 1002).
•HR 925 EAH
291
1 (7) PROGRAM UNDER TITLE IV.—The term ‘‘pro-
2 gram under title IV’’ means the following programs
3 under title IV of the Higher Education Act of 1965
4 (20 U.S.C. 1070 et seq.):
5 (A) The Federal Pell Grant program under
6 section 401 of such Act (20 U.S.C. 1070a).
7 (B) The Federal Supplemental Educational
8 Opportunity Grant program under subpart 3 of
9 part A of such title IV (20 U.S.C. 1070b).
10 (C) The Federal work-study program under
11 part C of such title IV (20 U.S.C. 1087–51 et
12 seq.).
13 (D) The Federal Direct Loan program
14 under part D of such title IV (20 U.S.C. 1087a
15 et seq.).
16 SEC. 125. REQUIREMENTS FOR TEACH-OUT PLANS AND
17 TEACH-OUT AGREEMENTS.
18 (a) REQUIREMENTS.—
19 (1) IN GENERAL.—Notwithstanding section
20 487(f)(2) of the Higher Education Act of 1965 (20
21 U.S.C. 1094(f)(2)), in the event an institution of
22 higher education, during the period described in sub-
23 section (d), is required to submit to its accrediting
24 agency or association a teach-out plan (in accordance
25 with section 487(f) and section 496(c)(3) of such Act
•HR 925 EAH
292
1 (20 U.S.C. 1094(f); 1099b(c)(3))), or to submit a
2 teach-out agreement among institutions (in accord-
3 ance with section 496(c)(6) of such Act (20 U.S.C.
4 1099b(c)(6))), the following shall apply to such plans
5 and agreements:
6 (A) The definitions and requirements de-
7 scribed in this subsection.
8 (B) Any other applicable standards of the
9 institution’s accrediting agency or association.
10 (C) Any other provisions the Secretary of
11 Education determines are necessary to protect
12 the interests of the United States and to promote
13 the purposes of this section.
14 (2) CLOSING INSTITUTION DEFINED.—The term
15 ‘‘closing institution’’ means an institution of higher
16 education—
17 (A) that ceases to operate or plans to cease
18 operations before all enrolled students have com-
19 pleted their program of study; or
20 (B) that has an institutional location
21 that—
22 (i) provides 100 percent of at least 1
23 program offered by the institution of higher
24 education; and
•HR 925 EAH
293
1 (ii) ceases to operate or plans to cease
2 operations before all enrolled students have
3 completed their program of study.
4 (3) TEACH-OUT PLANS.—
5 (A) TEACH-OUT PLAN DEFINED.—The term
6 ‘‘teach-out plan’’ means a written plan developed
7 by a closing institution that provides for the eq-
8 uitable treatment of students.
9 (B) CONTENTS OF TEACH-OUT PLANS.—A
10 teach-out plan shall include a record-retention
11 plan that includes—
12 (i) a plan for the custody (including
13 by any applicable State authorizing agen-
14 cies), and the disposition, of teach-out
15 records that meets the requirements of para-
16 graph (5)(B)(iii);
17 (ii) an assurance that in the event of
18 the closure of the institution or an institu-
19 tional location of the institution, such insti-
20 tution—
21 (I) will meet the requirements of
22 paragraph (5)(B)(iv); and
23 (II) will refund students the
24 amount of any unearned tuition, ac-
•HR 925 EAH
294
1 count balances, and student fees, and
2 refunds due; and
3 (iii) an estimate of the costs necessary
4 to carry out such record-retention plan.
5 (4) TEACH-OUT AGREEMENT DEFINED.—The
6 term ‘‘teach-out agreement’’ means a written agree-
7 ment between a closing institution and one or more
8 other institutions of higher education (in this section
9 referred to as a ‘‘teach-out institution)’’ that—
10 (A) provides for the equitable treatment of
11 students and a reasonable opportunity for stu-
12 dents to complete their program of study; and
13 (B) meets the requirements in section
14 496(c)(6) of the Higher Education Act of 1965
15 (20 U.S.C. 1099b(c)(6)).
16 (5) APPROVAL OF TEACH-OUT AGREEMENTS.—In
17 approving a teach-out agreement, the accrediting
18 agency or association shall determine a timeline for
19 an interim teach-out agreement and a final teach-out
20 agreement that provides for the equitable treatment of
21 students and ensures—
22 (A) that the teach-out institution—
23 (i) to the extent practicable, is an in-
24 stitution of higher education that meets the
25 requirements of section 101 or section
•HR 925 EAH
295
1 102(c) of the Higher Education Act of 1965
2 (20 U.S.C. 1001; 1002(c));
3 (ii) has the necessary experience, re-
4 sources, and support services to provide an
5 educational program that is of acceptable
6 quality and reasonably similar in content,
7 delivery modality, and scheduling to that
8 provided by the closing institution with
9 which the teach-out institution has entered
10 into the teach-out agreement;
11 (iii) has not been subject to a sanction
12 of probation or equivalent or show cause by
13 its accrediting agency or association or any
14 applicable State authorizing or licensing
15 agency in the past 5 years; and
16 (iv) shows no evidence of significant
17 problems (including financial stability or
18 administrative capability) that affect the
19 institution’s capacity to carry out its mis-
20 sion and meet all obligations to enrolled
21 students, which shall include a showing that
22 there is no evidence of the conditions de-
23 scribed in section 602.24(c)(8) of title 34,
24 Code of Federal Regulations, as in effect on
25 the date of enactment of this Act; and
•HR 925 EAH
296
1 (B) that the closing institution—
2 (i) provides the accrediting agency or
3 association and the Secretary a complete
4 list of all students who are enrolled in each
5 program at the institution or who have
6 withdrawn from the institution within the
7 last 180 days, including each student’s
8 name, contact information, program of
9 study, the program requirements each stu-
10 dent has completed, and the estimated date
11 of completion in the absence of the closure
12 of such institution or institutional location;
13 (ii) provides to the accrediting agency
14 or association and the Secretary, for each
15 program of study at the closing institution,
16 records of any agreements pertaining to the
17 acceptance of students, transfer of credits,
18 articulation agreements, or waiver of pro-
19 gram requirements between the closing in-
20 stitution and any other institutions of high-
21 er education;
22 (iii) provides a record-retention plan
23 to all enrolled students that delineates the
24 final disposition of teach-out records,
25 digitally where practicable, including stu-
•HR 925 EAH
297
1 dent transcripts, billing, financial aid
2 records, and the amount of any unearned
3 tuition, account balances, student fees, and
4 refunds due to each such student;
5 (iv) releases all financial holds placed
6 on student records and, for the 3-year pe-
7 riod beginning on the date of the closure of
8 such institution or institutional location,
9 provides each student (including each stu-
10 dent who withdrew from such institution
11 during the 180-day period prior to the date
12 of such closure) with the student’s official
13 transcripts and complete academic records
14 at no cost to the student;
15 (v) provides students with information,
16 using standard language developed by the
17 Secretary under subsection (b), regarding—
18 (I) the benefits and consequences
19 of choosing to—
20 (aa) continue the student’s
21 studies by transferring to a teach-
22 out institution; and
23 (bb) receive a closed school
24 discharge under section 437(c)(1)
25 and section 464(g)(1) of the High-
•HR 925 EAH
298
1 er Education Act of 1965 (20
2 U.S.C. 1087(c)(1); 1087dd(g)(1));
3 and
4 (II) if applicable, information on
5 institutional and State refund policies;
6 (vi) provides students with information
7 about additional tuition and fee charges, if
8 any, at the teach-out institution; and
9 (vii) provides students with accurate
10 information on the number and types of
11 credits the teach-out institution is willing to
12 accept prior to the student’s enrollment in
13 that institution or any other institution of
14 higher education with which the closing in-
15 stitution has an articulation agreement.
16 (6) SUBMISSION OF TEACH-OUT PLANS AND
17 TEACH-OUT AGREEMENTS.—
18 (A) SUBMISSION OF NOTICE.—Not later
19 than 10 days after being required to submit a
20 teach-out plan or teach-out agreement to its ac-
21 crediting agency or association, the institution of
22 higher education shall submit a notice of such
23 plan or agreement to the Secretary of Education
24 and to any applicable State authorizing agencies
25 of such institution.
•HR 925 EAH
299
1 (B) SUBMISSION OF PLAN OR AGREE-
2 MENT.—Not later than 5 days after receiving ap-
3 proval from its accrediting agency or association
4 of a teach-out plan or teach-out agreement, as
5 applicable, the institution of higher education
6 shall submit the approved plan or agreement to
7 the Secretary of Education and to any applica-
8 ble State authorizing agencies of such institu-
9 tion.
10 (b) STANDARD LANGUAGE.—Not later than 60 days
11 after the date of the enactment of this section, the Secretary
12 of Education shall publish standard language relating to
13 closed school discharges for purposes of subsection
14 (a)(5)(B)(v).
15 (c) PROHIBITION ON MISREPRESENTATIONS.—
16 (1) IN GENERAL.—An institution of higher edu-
17 cation is prohibited from engaging in misrepresenta-
18 tion about the nature of teach-out plans, teach-out
19 agreements, and transfer of credit.
20 (2) SANCTIONS.— Upon determination, after
21 reasonable notice and opportunity for a hearing, that
22 an institution of higher education is in violation of
23 this subsection, the Secretary of Education—
24 (A) shall impose a civil penalty not to ex-
25 ceed $25,000 for each misrepresentation; and
•HR 925 EAH
300
1 (B) may impose an additional sanction de-
2 scribed in section 497(c)(3) of the Higher Edu-
3 cation Act of 1965 (20 U.S.C. 1094(c)(3)).
4 (d) COVERED PERIOD.—The provisions of this section
5 shall be in effect during the period beginning on the date
6 of enactment of this Act and ending on the date on which
7 on which sections 487(f) of the Higher Education Act of
8 1965 (20 U.S.C. 1094(f)) or paragraphs (3) and (6) of sec-
9 tion 493(c) of such Act (20 U.S.C. 1098b(c)) are amended
10 or repealed.
11 Subtitle C—Federal Student Loan
12 Relief
13 PART 1—TEMPORARY RELIEF FOR FEDERAL
14 STUDENT BORROWERS
15 SEC. 131. EXPANDING LOAN RELIEF TO ALL FEDERAL STU-
16 DENT LOAN BORROWERS.
17 Section 3502(a) of division A of the Coronavirus Aid,
18 Relief, and Economic Security Act (Public Law 116–136)
19 is amended—
20 (1) by redesignating paragraphs (2) through (5)
21 as paragraphs (3) through (6), respectively; and
22 (2) by inserting after paragraph (1) the fol-
23 lowing:
24 ‘‘(2) FEDERAL STUDENT LOAN.—The term ‘Fed-
25 eral student loan’ means a loan—
•HR 925 EAH
301
1 ‘‘(A) made under part B, part D, or part
2 E of title IV of the Higher Education Act of
3 1965 (20 U.S.C. 1071 et seq., 1087a et seq.,
4 1087aa et seq.), and held by the Department of
5 Education;
6 ‘‘(B) made, insured, or guaranteed under
7 part B of such title, or made under part E of
8 such title, and not held by the Department of
9 Education; or
10 ‘‘(C) made under—
11 ‘‘(i) subpart II of part A of title VII
12 of the Public Health Service Act (42 U.S.C.
13 292q et seq.); or
14 ‘‘(ii) part E of title VIII of the Public
15 Health Service Act (42 U.S.C. 297a et
16 seq.).’’.
17 SEC. 132. EXTENDING THE LENGTH OF BORROWER RELIEF
18 DUE TO THE CORONAVIRUS EMERGENCY.
19 Section 3513 of division A of the Coronavirus Aid, Re-
20 lief, and Economic Security Act (Public Law 116–136) is
21 amended—
22 (1) by amending subsection (a) to read as fol-
23 lows:
24 ‘‘(a) SUSPENSION OF PAYMENTS.—
•HR 925 EAH
302
1 ‘‘(1) IN GENERAL.—During the period beginning
2 on March 13, 2020, and ending on September 30,
3 2021, the Secretary or, as applicable, the Secretary of
4 Health and Human Services, shall suspend all pay-
5 ments due on Federal student loans.
6 ‘‘(2) TRANSITION PERIOD.—For one additional
7 30-day period beginning on the day after the last day
8 of the suspension period described in subsection (a),
9 the Secretary or, as applicable, the Secretary of
10 Health and Human Services, shall ensure that any
11 missed payments on a Federal student loan by a bor-
12 rower during such additional 30-day period—
13 ‘‘(A) do not result in collection fees or pen-
14 alties associated with late payments; and
15 ‘‘(B) are not reported to any consumer re-
16 porting agency or otherwise impact the bor-
17 rower’s credit history.
18 ‘‘(3) DETERMINATION OF COMPENSATION.—The
19 Secretary or, as applicable, the Secretary of Health
20 and Human Services shall—
21 ‘‘(A) with respect to a holder of a Federal
22 student loan defined in subparagraph (B) or (C)
23 of section 3502(a)(2)—
•HR 925 EAH
303
1 ‘‘(i) determine any losses for such hold-
2 er due to the suspension of payments on
3 such loan under paragraph (1); and
4 ‘‘(ii) establish reasonable compensation
5 for such losses; and
6 ‘‘(B) not later than 60 days after the date
7 of enactment of the Pandemic Education Re-
8 sponse Act, with respect to a borrower who made
9 a payment on a Federal student loan defined in
10 subparagraph (B) or (C) of section 3502(a)(2)
11 during the period beginning on March 13, 2020,
12 and ending on such date of enactment, the Sec-
13 retary shall pay to the borrower, an amount
14 equal to the lower of—
15 ‘‘(i) the amount paid by the borrower
16 on such loan during such period; or
17 ‘‘(ii) the amount that was due on such
18 loan during such period.
19 ‘‘(4) RECERTIFICATION.—A borrower who is re-
20 paying a Federal student loan pursuant to an in-
21 come-contingent repayment plan under section
22 455(d)(1)(D) of the Higher Education Act of 1965 (20
23 U.S.C. 1087e(d)(1)(D)) or an income-based repay-
24 ment plan under section 493C of such Act (20 U.S.C.
25 1098e) shall not be required to recertify the income or
•HR 925 EAH
304
1 family size of the borrower under such plan prior to
2 December 31, 2021.’’;
3 (2) in subsection (c), by striking ‘‘part D or B
4 of title IV of the Higher Education Act of 1965 (20
5 U.S.C. 1087a et seq.; 1071 et seq.)’’ and inserting
6 ‘‘part B, D, or E of title IV of the Higher Education
7 Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.;
8 1087aa et seq.)’’;
9 (3) in subsection (d), by striking ‘‘During the pe-
10 riod in which the Secretary suspends payments on a
11 loan under subsection (a), the Secretary’’ and insert-
12 ing ‘‘During the period in which payments on a Fed-
13 eral student loan are suspended under subsection (a),
14 the Secretary or, as applicable, the Secretary of
15 Health and Human Services’’;
16 (4) in subsection (e), by striking ‘‘During the pe-
17 riod in which the Secretary suspends payments on a
18 loan under subsection (a), the Secretary’’ and insert-
19 ing ‘‘During the period in which payments on a Fed-
20 eral student loan are suspended under subsection (a),
21 the Secretary or, as applicable, the Secretary of
22 Health and Human Services’’; and
23 (5) in subsection (f), by striking ‘‘the Secretary’’
24 and inserting ‘‘the Secretary or, as applicable, the
25 Secretary of Health and Human Services,’’.’’
•HR 925 EAH
305
1 SEC. 133. NO INTEREST ACCRUAL.
2 Section 3513(b) of division A of the Coronavirus Aid,
3 Relief, and Economic Security Act (Public Law 116–136)
4 is amended to read as follows:
5 ‘‘(b) PROVIDING INTEREST RELIEF.—
6 ‘‘(1) NO ACCRUAL OF INTEREST.—
7 ‘‘(A) IN GENERAL.—During the period de-
8 scribed in subparagraph (D), interest on a Fed-
9 eral student loan shall not accrue or shall be
10 paid by the Secretary (or the Secretary of Health
11 and Human Services) during—
12 ‘‘(i) the repayment period of such loan;
13 ‘‘(ii) any period excluded from the re-
14 payment period of such loan (including any
15 period of deferment or forbearance);
16 ‘‘(iii) any period in which the bor-
17 rower of such loan is in a grace period; or
18 ‘‘(iv) any period in which the borrower
19 of such loan is in default on such loan.
20 ‘‘(B) DIRECT LOANS AND DEPARTMENT OF
21 EDUCATION HELD FFEL AND PERKINS LOANS.—
22 For purposes of subparagraph (A), interest shall
23 not accrue on a Federal student loan defined in
24 section 3502(a)(2)(A).
•HR 925 EAH
306
1 ‘‘(C) FFEL AND PERKINS LOANS NOT HELD
2 BY THE DEPARTMENT OF EDUCATION AND HHS
3 LOANS.—For purposes of subparagraph (A)—
4 ‘‘(i) in the case of a Federal student
5 loan defined in section 3502(a)(2)(B), the
6 Secretary shall pay, on a monthly basis, the
7 amount of interest due on the unpaid prin-
8 cipal of such loan to the holder of such loan,
9 except that any payments made under this
10 clause shall not affect payment calculations
11 under section 438 of the Higher Education
12 Act of 1965 (20 U.S.C. 1087–1); and
13 ‘‘(ii) in the case of a Federal student
14 loan defined in section 3502(a)(2)(C), the
15 Secretary of Health and Human Services
16 shall pay, on a monthly basis, the amount
17 of interest due on the unpaid principal of
18 such loan to the holder of such loan.
19 ‘‘(D) PERIOD DESCRIBED.—
20 ‘‘(i) IN GENERAL.—The period de-
21 scribed in this clause is the period begin-
22 ning on March 13, 2020, and ending on the
23 later of—
24 ‘‘(I) September 30, 2021; or
•HR 925 EAH
307
1 ‘‘(II) the day following the date of
2 enactment of the Pandemic Education
3 Response Act that is 2 months after the
4 national U–5 measure of labor under-
5 utilization shows initial signs of recov-
6 ery.
7 ‘‘(ii) DEFINITIONS.—In this subpara-
8 graph:
9 ‘‘(I) NATIONAL U–5 MEASURE OF
10 LABOR UNDERUTILIZATION.—The term
11 ‘national U–5 measure of labor under-
12 utilization’ means the seasonally-ad-
13 justed, monthly U–5 measure of labor
14 underutilization published by the Bu-
15 reau of Labor Statistics.
16 ‘‘(II) INITIAL SIGNS OF RECOV-
17 ERY.—The term ‘initial signs of recov-
18 ery’ means that the average national
19 U–5 measure of labor underutilization
20 for months in the most recent 3-con-
21 secutive-month period for which data
22 are available—
23 ‘‘(aa) is lower than the high-
24 est value of the average national
25 U–5 measure of labor under-
•HR 925 EAH
308
1 utilization for a 3-consecutive-
2 month period during the period
3 beginning in March 2020 and the
4 most recent month for which data
5 from the Bureau of Labor Statis-
6 tics are available by an amount
7 that is equal to or greater than
8 one-third of the difference be-
9 tween—
10 ‘‘(AA) the highest value
11 of the average national U–5
12 measure of labor under-
13 utilization for a 3-consecu-
14 tive-month period during
15 such period; and
16 ‘‘(BB) the value of the
17 average national U–5 meas-
18 ure of labor underutilization
19 for the 3-consecutive-month
20 period ending in February
21 2020; and
22 ‘‘(bb) has decreased for each
23 month during the most recent 2
24 consecutive months for which data
•HR 925 EAH
309
1 from the Bureau of Labor Statis-
2 tics are available.
3 ‘‘(E) OTHER DEFINITIONS.—In this para-
4 graph:
5 ‘‘(i) DEFAULT.—The term ‘default’—
6 ‘‘(I) in the case of a Federal stu-
7 dent loan made, insured, or guaranteed
8 under part B or D of the Higher Edu-
9 cation Act of 1965, has the meaning
10 given such term in section 435(l) of the
11 Higher Education Act of 1965 (20
12 U.S.C. 1085);
13 ‘‘(II) in the case of a Federal stu-
14 dent loan made under part E of the
15 Higher Education Act of 1965, has the
16 meaning given such term in section
17 674.2 of title 34, Code of Federal Regu-
18 lations (or successor regulations); or
19 ‘‘(III) in the case of a Federal stu-
20 dent loan defined in section
21 3502(a)(2)(C), has the meaning given
22 such term in section 721 or 835 of the
23 Public Health Service Act (42 U.S.C.
24 292q, 297a), as applicable.
•HR 925 EAH
310
1 ‘‘(ii) GRACE PERIOD.—The term ‘grace
2 period’ means—
3 ‘‘(I) in the case of a Federal stu-
4 dent loan made, insured, or guaranteed
5 under part B or D of the Higher Edu-
6 cation Act of 1965, the 6-month period
7 after the date the student ceases to
8 carry at least one-half the normal full-
9 time academic workload, as described
10 in section 428(b)(7) of the Higher Edu-
11 cation Act of 1965 (20 U.S.C.
12 1078(b)(7));
13 ‘‘(II) in the case of a Federal stu-
14 dent loan made under part E of the
15 Higher Education Act of 1965, the 9-
16 month period after the date on which
17 a student ceases to carry at least one-
18 half the normal full-time academic
19 workload, as described in section
20 464(c)(1)(A) of the Higher Education
21 Act of 1965 (20 U.S.C.
22 1087dd(c)(1)(A)); and
23 ‘‘(III) in the case of a Federal stu-
24 dent loan defined in section
25 3502(a)(2)(C), the 1-year period de-
•HR 925 EAH
311
1 scribed in section 722(c) of the Public
2 Health Service Act (42 U.S.C. 292r(c))
3 or the 9-month period described in sec-
4 tion 836(b)(2) of such Act (42 U.S.C.
5 297b(b)(2)), as applicable.
6 ‘‘(iii) REPAYMENT PERIOD.—The term
7 ‘repayment period’ means—
8 ‘‘(I) in the case of a Federal stu-
9 dent loan made, insured, or guaranteed
10 under part B or D of the Higher Edu-
11 cation Act of 1965, the repayment pe-
12 riod described in section 428(b)(7) of
13 the Higher Education Act of 1965 (20
14 U.S.C. 1078(b)(7));
15 ‘‘(II) in the case of a Federal stu-
16 dent loan made under part E of the
17 Higher Education Act of 1965, the re-
18 payment period described in section
19 464(c)(4) of the Higher Education Act
20 of 1965 (20 U.S.C. 1087dd(c)(4)); or
21 ‘‘(III) in the case of a Federal stu-
22 dent loan defined in section
23 3502(a)(2)(C), the repayment period
24 described in section 722(c) or 836(b)(2)
25 of the Public Health Service Act (42
•HR 925 EAH
312
1 U.S.C. 292r(c), 297b(b)(2)), as appli-
2 cable.
3 ‘‘(2) INTEREST REFUND IN LIEU OF RETRO-
4 ACTIVE APPLICABILITY.—By not later than 60 days
5 after the date of enactment of the Pandemic Edu-
6 cation Response Act, the Secretary or, as applicable,
7 the Secretary of Health and Human Services, shall,
8 for each Federal student loan defined in subpara-
9 graph (B) or (C) of section 3502(a)(2) for which in-
10 terest was not paid by such Secretary pursuant to
11 paragraph (1) during the period beginning on March
12 13, 2020 and ending on such date of enactment—
13 ‘‘(A) determine the amount of interest due
14 (or that would have been due in the absence of
15 being voluntarily paid by the holder of such
16 loan) on such loan during the period beginning
17 March 13, 2020, and ending on such date of en-
18 actment; and
19 ‘‘(B) refund the amount of interest cal-
20 culated under subparagraph (A), by—
21 ‘‘(i) paying the holder of the loan the
22 amount of the interest calculated under sub-
23 paragraph (A), to be applied to the loan
24 balance for the borrower of such loan; or
•HR 925 EAH
313
1 ‘‘(ii) if there is no outstanding balance
2 or payment due on the loan as of the date
3 on which the refund is to be provided, pro-
4 viding a payment in the amount of the in-
5 terest calculated under subparagraph (A)
6 directly to the borrower.
7 ‘‘(3) SUSPENSION OF INTEREST CAPITALIZA-
8 TION.—
9 ‘‘(A) IN GENERAL.—With respect to any
10 Federal student loan, interest that accrued but
11 had not been paid prior to March 13, 2020, and
12 had not been capitalized as of such date, shall
13 not be capitalized.
14 ‘‘(B) TRANSITION.—The Secretary or, as
15 applicable, the Secretary of Health and Human
16 Services, shall ensure that any interest on a Fed-
17 eral student loan that had been capitalized in
18 violation of subparagraph (A) is corrected and
19 the balance of principal and interest due for the
20 Federal student loan is adjusted accordingly.’’.
21 SEC. 134. NOTICE TO BORROWERS.
22 Section 3513(g) of division A of the Coronavirus Aid,
23 Relief, and Economic Security Act (Public Law 116–136)
24 is amended—
•HR 925 EAH
314
1 (1) in the matter preceding paragraph (1), by
2 striking ‘‘the Secretary’’ and inserting ‘‘the Secretary
3 or, as applicable, the Secretary of Health and Human
4 Services,’’;
5 (2) in paragraph (1)(D), by striking the period
6 and inserting a semicolon;
7 (3) in paragraph (2)—
8 (A) in the matter preceding subparagraph
9 (A), by striking ‘‘August 1, 2020’’ and inserting
10 ‘‘August 1, 2021’’; and
11 (B) by amending subparagraph (B) to read
12 as follows:
13 ‘‘(B) that—
14 ‘‘(i) a borrower of a Federal student
15 loan made, insured, or guaranteed under
16 part B or D of title IV of the Higher Edu-
17 cation Act of 1965 may be eligible to enroll
18 in an income-contingent repayment plan
19 under section 455(d)(1)(D) of the Higher
20 Education Act of 1965 (20 U.S.C.
21 1087e(d)(1)(D)) or an income-based repay-
22 ment plan under section 493C of such Act
23 (20 U.S.C. 1098e), including a brief de-
24 scription of such repayment plans; and
•HR 925 EAH
315
1 ‘‘(ii) in the case of a borrower of a
2 Federal student loan defined in section
3 3502(a)(2)(C) or made under part E of title
4 IV of the Higher Education of 1965, the
5 borrower may be eligible to enroll in such a
6 repayment plan if the borrower consolidates
7 such loan with a loan described in clause (i)
8 of this subparagraph, and receives a Federal
9 Direct Consolidation Loan under part D of
10 the Higher Education of 1965 (20 U.S.C.
11 1087a et seq.); and’’; and
12 (C) by adding at the end the following:
13 ‘‘(3) in a case in which the accrual of interest
14 on Federal student loans is suspended under sub-
15 section (b)(1) beyond September 30, 2021, during the
16 2-month period beginning on the date on which the
17 national U–5 measure of labor underutilization shows
18 initial signs of recovery (as such terms are defined in
19 subsection (b)(1)(D)) carry out a program to provide
20 not less than 6 notices by postal mail, telephone, or
21 electronic communication to borrowers—
22 ‘‘(A) indicating when the interest on Fed-
23 eral student loans of the borrower will resume
24 accrual and capitalization; and
•HR 925 EAH
316
1 ‘‘(B) the information described in para-
2 graph (2)(B).’’.
3 SEC. 135. IMPLEMENTATION.
4 Section 3513 of division A of the Coronavirus Aid, Re-
5 lief, and Economic Security Act (Public Law 116–136), as
6 amended by this part, is further amended by adding at the
7 end the following:
8 ‘‘(i) IMPLEMENTATION.—
9 ‘‘(1) INFORMATION VERIFICATION.—
10 ‘‘(A) IN GENERAL.—To facilitate implemen-
11 tation of this section, information for the pur-
12 poses described in subparagraph (B), shall be re-
13 ported—
14 ‘‘(i) by the holders of Federal student
15 loans defined in section 3502(a)(2)(B) to
16 the satisfaction of the Secretary; and
17 ‘‘(ii) by the holders of Federal student
18 loans defined in section 3502(a)(2)(C) to the
19 satisfaction of the Secretary of Health and
20 Human Services.
21 ‘‘(B) PURPOSES.—The purposes of the in-
22 formation reported under subparagraph (A) are
23 to—
•HR 925 EAH
317
1 ‘‘(i) verify, at the borrower level, the
2 payments that are provided or suspended
3 under this section; and
4 ‘‘(ii) calculate the amount of any in-
5 terest due to the holder for reimbursement of
6 interest under subsection (b).
7 ‘‘(2) COORDINATION.—The Secretary shall co-
8 ordinate with the Secretary of Health and Human
9 Services to carry out the provisions of this section
10 with respect to Federal student loans defined in sec-
11 tion 3502(a)(2)(C).’’.
12 SEC. 136. EFFECTIVE DATE.
13 Except as otherwise provided, this part, and the
14 amendments made by this part, shall take effect as if en-
15 acted as part of the Coronavirus Aid, Relief, and Economic
16 Security Act (Public Law 116–136).
17 PART 2—CONSOLIDATION LOANS AND PUBLIC
18 SERVICE LOAN FORGIVENESS
19 SEC. 137. SPECIAL RULES RELATING TO FEDERAL DIRECT
20 CONSOLIDATION LOANS.
21 (a) SPECIAL RULES RELATING TO FEDERAL DIRECT
22 CONSOLIDATION LOANS AND PSLF.—
23 (1) PUBLIC SERVICE LOAN FORGIVENESS OPTION
24 ON CONSOLIDATION APPLICATION.—
•HR 925 EAH
318
1 (A) IN GENERAL.—During the period de-
2 scribed in subsection (e), the Secretary shall—
3 (i) include, in any application for a
4 Federal Direct Consolidation Loan under
5 part D of title IV of the Higher Education
6 Act of 1965 (20 U.S.C. 1087a et seq,), an
7 option for the borrower to indicate that the
8 borrower intends to participate in the pub-
9 lic service loan forgiveness program under
10 section 455(m) of such Act (20 U.S.C.
11 1087e(m)); and
12 (ii) for each borrower who submits an
13 application for a Federal Direct Consolida-
14 tion Loan, without regard to whether the
15 borrower indicates the intention described
16 in clause (i)—
17 (I) request that the borrower sub-
18 mit a certification of employment; and
19 (II) after receiving a complete cer-
20 tification of employment—
21 (aa) carry out the require-
22 ments of paragraph (2); and
23 (bb) inform the borrower of
24 the number of qualifying monthly
25 payments made on the component
•HR 925 EAH
319
1 loans before consolidation that
2 shall be deemed, in accordance
3 with paragraph (2)(D), to be
4 qualifying monthly payments
5 made on the Federal Direct Con-
6 solidation Loan.
7 (B) HOLD HARMLESS.—The Secretary may
8 not change or otherwise rescind a calculation
9 made under paragraph (2)(D) after informing
10 the borrower of the results of such calculation
11 under subparagraph (A)(ii)(II)(bb).
12 (2) PROCESS TO DETERMINE QUALIFYING PAY-
13 MENTS FOR PURPOSES OF PSLF.—Upon receipt of a
14 complete certification of employment under para-
15 graph (1)(A)(ii)(II) of a borrower who receives a Fed-
16 eral Direct Consolidation Loan described in para-
17 graph (1)(A), the Secretary shall—
18 (A) review the borrower’s payment history
19 to identify each component loan of such Federal
20 Direct Consolidation Loan;
21 (B) for each such component loan—
22 (i) calculate the weighted factor of the
23 component loan, which shall be the factor
24 that represents the portion of such Federal
•HR 925 EAH
320
1 Direct Consolidation Loan that is attrib-
2 utable to such component loan; and
3 (ii) determine the number of qualifying
4 monthly payments made on such component
5 loan before consolidation;
6 (C) calculate the number of qualifying
7 monthly payments determined under subpara-
8 graph (B)(ii) with respect to a component loan
9 that shall be deemed as qualifying monthly pay-
10 ments made on the Federal Direct Consolidation
11 Loan by multiplying—
12 (i) the weighted factor of such compo-
13 nent loan as determined under subpara-
14 graph (B)(i), by
15 (ii) the number of qualifying monthly
16 payments made on such component loan as
17 determined under subparagraph (B)(ii);
18 and
19 (D) calculate the total number of qualifying
20 monthly payments with respect to the component
21 loans of the Federal Direct Consolidation Loan
22 that shall be deemed as qualifying monthly pay-
23 ments made on such Federal Direct Consolida-
24 tion Loan by—
•HR 925 EAH
321
1 (i) adding together the result of each
2 calculation made under subparagraph (C)
3 with respect to each such component loan;
4 and
5 (ii) rounding the number determined
6 under clause (i) to the nearest whole num-
7 ber.
8 (3) DEFINITIONS.—For purposes of this sub-
9 section:
10 (A) CERTIFICATION OF EMPLOYMENT.—The
11 term ‘‘certification of employment’’, used with
12 respect to a borrower, means a certification of
13 the employment of the borrower in a public serv-
14 ice job (as defined in section 455(m)(3)(B) of the
15 Higher Education Act of 1965) on or after Octo-
16 ber 1, 2007.
17 (B) COMPONENT LOAN.—The term ‘‘compo-
18 nent loan’’, used with respect to a Federal Direct
19 Consolidation Loan, means each loan for which
20 the liability has been discharged by the proceeds
21 of the Federal Direct Consolidation Loan,
22 which—
23 (i) may include a loan that is not an
24 eligible Federal Direct Loan (as defined in
•HR 925 EAH
322
1 section 455(m)(3)(A) of the Higher Edu-
2 cation Act of 1965); and
3 (ii) in the case of a subsequent consoli-
4 dation loan, only includes loans for which
5 the liability has been directly discharged by
6 such subsequent consolidation loan.
7 (C) FEDERAL DIRECT CONSOLIDATION
8 LOAN.—The term ‘‘Federal Direct Consolidation
9 Loan’’ means a Federal Direct Consolidation
10 Loan made under part D of title IV of the High-
11 er Education Act of 1965 (20 U.S.C. 1087a et
12 seq.).
13 (D) QUALIFYING MONTHLY PAYMENT.—
14 (i) COMPONENT LOAN.—The term
15 ‘‘qualifying monthly payment’’, used with
16 respect to a component loan, means a
17 monthly payment on such loan made by a
18 borrower, during a period of employment in
19 a public service job (as defined in section
20 455(m)(3)(B) of the Higher Education Act
21 of 1965 (20 U.S.C. 1087e(m)(3)(B)) on or
22 after October 1, 2007, pursuant to—
23 (I) a repayment plan under part
24 B, D, or E of title IV of the Higher
25 Education Act of 1965 (20 U.S.C. 1071
•HR 925 EAH
323
1 et seq.; 1087a et seq.; 1087aa et seq.);
2 or
3 (II) in the case of a loan made
4 under subpart II of part A of title VII
5 of the Public Health Service Act or
6 under part E of title VIII of the Public
7 Health Service Act, a repayment plan
8 under title VII or VIII of such Act.
9 (ii) FEDERAL DIRECT CONSOLIDATION
10 LOAN.—The term ‘‘qualifying monthly pay-
11 ment’’, used with respect to a Federal Di-
12 rect Consolidation Loan, means a monthly
13 payment on such loan that counts as 1 of
14 the 120 monthly payments described in sec-
15 tion 455(m)(1)(A) of the Higher Education
16 Act of 1965 (20 U.S.C. 1087e(m)(3)(B)).
17 (b) SPECIAL RULES RELATING TO FEDERAL DIRECT
18 CONSOLIDATION LOANS AND ICR AND IBR.—
19 (1) IN GENERAL.—During the period described
20 in subsection (e), with respect to a borrower who re-
21 ceives a Federal Direct Consolidation Loan and who
22 intends to repay such loan under an income-contin-
23 gent repayment plan under section 455(d)(1)(D) of
24 the Higher Education Act of 1965 (20 U.S.C.
25 1087e(d)(1)(D)) or an income-based repayment plan
•HR 925 EAH
324
1 under section 493C of such Act (20 U.S.C. 1098e), the
2 Secretary shall—
3 (A) review the borrower’s payment history
4 to identify each component loan of such Federal
5 Direct Consolidation Loan;
6 (B) for each such component loan—
7 (i) calculate the weighted factor of the
8 component loan, which shall be the factor
9 that represents the portion of such Federal
10 Direct Consolidation Loan that is attrib-
11 utable to such component loan; and
12 (ii) determine the number of qualifying
13 monthly payments made on such component
14 loan before consolidation;
15 (C) calculate the number of qualifying
16 monthly payments determined under subpara-
17 graph (B)(ii) with respect to a component loan
18 that shall be deemed as qualifying monthly pay-
19 ments made on the Federal Direct Consolidation
20 Loan by multiplying—
21 (i) the weighted factor of such compo-
22 nent loan as determined under subpara-
23 graph (B)(i), by
24 (ii) the number of qualifying monthly
25 payments made on such component loan as
•HR 925 EAH
325
1 determined under subparagraph (B)(ii);
2 and
3 (D) calculate and inform the borrower of
4 the total number of qualifying monthly pay-
5 ments with respect to the component loans of the
6 Federal Direct Consolidation Loan that shall be
7 deemed as qualifying monthly payments made
8 on such Federal Direct Consolidation Loan by—
9 (i) adding together the result of each
10 calculation made under subparagraph (C)
11 with respect to each such component loan;
12 and
13 (ii) rounding the number determined
14 under clause (i) to the nearest whole num-
15 ber.
16 (2) HOLD HARMLESS.—The Secretary may not
17 change or otherwise rescind a calculation made under
18 paragraph (1)(D) after informing the borrower of the
19 results of such calculation under such paragraph.
20 (3) DEFINITIONS.—In this subsection:
21 (A) COMPONENT LOAN; FEDERAL DIRECT
22 CONSOLIDATION LOAN.—The terms ‘‘component
23 loan’’ and ‘‘Federal Direct Consolidation Loan’’
24 have the meanings given the terms in subsection
25 (a).
•HR 925 EAH
326
1 (B) QUALIFYING PAYMENT.—
2 (i) COMPONENT LOANS.—Subject to
3 clause (ii), the term ‘‘qualifying monthly
4 payment’’, used with respect to a component
5 loan, means a monthly payment on such
6 loan made by a borrower pursuant to—
7 (I) a repayment plan under part
8 B, D, or E of title IV of the Higher
9 Education Act of 1965 (20 U.S.C. 1071
10 et seq., 1087a et seq., 1087aa et seq.);
11 or
12 (II) in the case of a loan made
13 under subpart II of part A of title VII
14 of the Public Health Service Act (42
15 U.S.C. 292q et seq.) or under part E of
16 title VIII of the Public Health Service
17 Act (42 U.S.C. 297a et seq.), a repay-
18 ment plan under title VII or VIII of
19 such Act.
20 (ii) CLARIFICATION.—
21 (I) ICR.—For purposes of deter-
22 mining the number of qualifying
23 monthly payments made on a compo-
24 nent loan pursuant to an income-con-
25 tingent repayment plan under section
•HR 925 EAH
327
1 455(d)(1)(D) of the Higher Education
2 Act of 1965 (20 U.S.C.
3 1087e(d)(1)(D)), each month a bor-
4 rower is determined to meet the re-
5 quirements of section 455(e)(7)(B)(i) of
6 such Act with respect to such loan shall
7 be treated as such a qualifying month-
8 ly payment.
9 (II) IBR.—For purposes of deter-
10 mining the number of qualifying
11 monthly payments made on a compo-
12 nent loan pursuant to an income-based
13 repayment plan under section 493C of
14 such Act (20 U.S.C. 1098e), each
15 month a borrower was determined to
16 meet the requirements of subsection
17 (b)(7)(B) of such section 493C with re-
18 spect to such loan shall be treated as
19 such a qualifying monthly payment.
20 (iii) FEDERAL DIRECT CONSOLIDATION
21 LOANS.—The term ‘‘qualifying monthly
22 payment’’, used with respect to a Federal
23 Direct Consolidation Loan, means a month-
24 ly payment on such loan that counts as a
25 monthly payment under an income-contin-
•HR 925 EAH
328
1 gent repayment plan under section
2 455(d)(1)(D) of the Higher Education Act
3 of 1965 (20 U.S.C. 1087e(d)(1)(D)), or an
4 income-based repayment plan under section
5 493C of the Higher Education Act of 1965
6 (20 U.S.C. 1098e).
7 (c) NOTIFICATION TO BORROWERS.—
8 (1) IN GENERAL.—During the period described
9 in subsection (e), the Secretary and the Secretary of
10 Health and Human Services shall undertake a cam-
11 paign to alert borrowers of a loan described in para-
12 graph (2)—
13 (A) on the benefits of consolidating such
14 loans into a Federal Direct Consolidation Loan,
15 including the benefits of the special rules under
16 subsections (a) and (b) of this section; and
17 (B) under which servicers and holders of
18 Federal student loans shall provide to borrowers
19 such consumer information, and in such manner,
20 as determined appropriate by the Secretaries,
21 based on conducting consumer testing to deter-
22 mine how to make the information as meaning-
23 ful to borrowers as possible.
24 (2) FEDERAL STUDENT LOANS.—A loan de-
25 scribed in this paragraph is—
•HR 925 EAH
329
1 (A) a loan made under subpart II of part
2 A of title VII of the Public Health Service Act
3 or under part E of title VIII of such Act; or
4 (B) a loan made under part E of the High-
5 er Education Act of 1965.
6 (d) SPECIAL RULE FOR INTEREST ON FEDERAL DI-
7 RECT CONSOLIDATION LOANS.—Any Federal Direct Con-
8 solidation Loan for which the application is received during
9 the period described in subsection (e), shall bear interest at
10 an annual rate as calculated under section 455(b)(8)(D) of
11 the Higher Education Act of 1965 (20 U.S.C.
12 1087e(b)(8)(D)), without regard to the requirement to
13 round the weighted average of the interest rate to the nearest
14 higher one-eighth of one percent.
15 (e) PERIOD.—The period described in this clause is the
16 period beginning on the date of enactment of this Act, and
17 ending on the later of—
18 (1) September 30, 2021; or
19 (2) the day following the date of enactment of
20 this Act that is 2 months after the national U–5
21 measure of labor underutilization shows initial signs
22 of recovery (as such terms are defined in section
23 3513(b) of the Coronavirus Aid, Relief, and Economic
24 Security Act (Public Law 116–136), as amended by
25 this Act)).
•HR 925 EAH
330
1 (f) GAO STUDY ON IMPLEMENTATION OF SPECIAL
2 RULES ON CONSOLIDATION.—Not later than 6 months after
3 the date of enactment of this Act, the Comptroller General
4 of the United States shall submit a report to the authorizing
5 committees (defined in section 103 of the Higher Education
6 Act of 1965 (20 U.S.C. 1003) on the implementation of this
7 section, which shall include—
8 (1) information on borrowers who apply for or
9 receive a Federal Direct Consolidation Loan under
10 part D of the Higher Education Act of 1965 during
11 the period described in subsection (e), disaggregated—
12 (A) by borrowers who intend to participate
13 in the public service loan forgiveness program
14 under section 455(m) of such Act (20 U.S.C.
15 1087e(m)); and
16 (B) by borrowers who intend to repay such
17 loans on an income-contingent repayment plan
18 under section 455(d)(1)(D) of the Higher Edu-
19 cation Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or
20 an income-based repayment plan under section
21 493C of such Act (20 U.S.C. 1098e);
22 (2) the extent to which the Secretary has estab-
23 lished procedures for carrying out subsections (a) and
24 (b);
•HR 925 EAH
331
1 (3) the extent to which the Secretary and the
2 Secretary of Health and Human Services have car-
3 ried out the notification to borrowers required under
4 subsection (c); and
5 (4) recommendations on improving the imple-
6 mentation of this section to ensure increased borrower
7 participation.
8 SEC. 138. TREATMENT OF PSLF.
9 (a) EXCEPTION FOR PURPOSES OF PSLF LOAN FOR-
10 GIVENESS.—Section 455(m)(1)(B) of the Higher Education
11 Act of 1965 (20 U.S.C. 1087e(m)(1)(B)) shall apply as if
12 clause (i) were struck.
13 (b) HEALTH CARE PRACTITIONER.—In section
14 455(m)(3)(B)(i) of the Higher Education Act of 1965 (20
15 U.S.C. 1087e(m)(3)(B)(i)), the term ‘‘full-time professionals
16 engaged in health care practitioner occupations’’ includes
17 an individual who—
18 (1) has a full-time job as a health care practi-
19 tioner;
20 (2) provides medical services in such full-time
21 job at a nonprofit hospital or public hospital or other
22 nonprofit or public health care facility; and
23 (3) is prohibited by State law from being em-
24 ployed directly by such hospital or other health care
25 facility.
•HR 925 EAH
332
1 Subtitle D—Protecting Students
2 SEC. 141. NOTIFICATIONS AND REPORTING RELATING TO
3 HIGHER EDUCATION.
4 (a) NOTIFICATION OF NON-CARES ACT FLEXIBILI-
5 TIES.—
6 (1) NOTICE TO CONGRESS.—
7 (A) IN GENERAL.—Not later than two days
8 before the date on which the Secretary grants a
9 flexibility described in paragraph (4), the Sec-
10 retary shall—
11 (i) submit to the authorizing commit-
12 tees a written notification of the Secretary’s
13 intent to grant such flexibility; and
14 (ii) publish the notification on a pub-
15 licly accessible website of the Department of
16 Education.
17 (B) ELEMENTS.—Each notification under
18 subparagraph (A) shall—
19 (i) identify the provision of law, regu-
20 lation, or subregulatory guidance to which
21 the flexibility will apply;
22 (ii) identify any limitations on the
23 flexibility, including any time limits;
24 (iii) identify the statutory authority
25 under which the flexibility is provided;
•HR 925 EAH
333
1 (iv) identify the class of covered enti-
2 ties to which the flexibility will apply;
3 (v) identify whether a covered entity
4 will need to request the flexibility or wheth-
5 er the flexibility will be applied without re-
6 quest;
7 (vi) in the case of a flexibility that re-
8 quires a covered entity to request the flexi-
9 bility, identify the factors the Secretary will
10 consider in approving or denying the flexi-
11 bility;
12 (vii) explain how the flexibility is ex-
13 pected to benefit the covered entity or class
14 of covered entities to which it applies; and
15 (viii) explain the reasons the flexibility
16 is necessary and appropriate due to
17 COVID–19.
18 (2) QUARTERLY REPORTS.—Not later than 10
19 days after the end of each fiscal quarter for the dura-
20 tion of the qualifying emergency through the end of
21 the first fiscal year beginning after the conclusion of
22 such qualifying emergency, the Secretary shall submit
23 to the authorizing committees a report that includes,
24 with respect to flexibilities described in paragraph (4)
•HR 925 EAH
334
1 that have been issued by the Secretary in the most re-
2 cently ended fiscal quarter, the following:
3 (A) In the case of a flexibility that was
4 issued by the Secretary without request from a
5 covered entity, an explanation of all require-
6 ments, including reporting requirements, that the
7 Secretary imposed on the covered entity as a
8 condition of the flexibility.
9 (B) In the case of a flexibility for which a
10 covered entity requested and received specific ap-
11 proval from the Secretary—
12 (i) identification of the covered entity
13 that received the flexibility;
14 (ii) an explanation of the specific rea-
15 sons for approval of the request;
16 (iii) a detailed description of the terms
17 of the flexibility, including—
18 (I) a description of any limita-
19 tions on the flexibility; and
20 (II) identification of each provi-
21 sion of law (including regulation and
22 subregulatory guidance) that is waived
23 or modified and, for each such provi-
24 sion, the statutory authority under
25 which the flexibility was provided; and
•HR 925 EAH
335
1 (iv) a copy of the final document
2 granting the flexibility.
3 (C) In the case of any request for a flexi-
4 bility that was denied by the Secretary—
5 (i) identification of the covered entity
6 or entities that were denied a flexibility;
7 (ii) a detailed description of the terms
8 of the request for the flexibility; and
9 (iii) an explanation of the specific rea-
10 sons for denial of the request.
11 (3) REPORT ON FLEXIBILITIES GRANTED BEFORE
12 ENACTMENT.—Not later than 30 days after the date
13 of enactment of this Act, the Secretary shall submit
14 to the authorizing committees a report that—
15 (A) identifies each flexibility described in
16 paragraph (4) that was granted by the Secretary
17 between March 13, 2020, and the date of enact-
18 ment of this Act; and
19 (B) with respect to each such flexibility,
20 provides the information specified in paragraph
21 (1)(B).
22 (4) FLEXIBILITY DESCRIBED.—A flexibility de-
23 scribed in this paragraph is modification or waiver
24 of any provision of the Higher Education Act of 1965
25 (20 U.S.C. 1001 et seq.) (including any regulation or
•HR 925 EAH
336
1 subregulatory guidance issued under such a provi-
2 sion) that the Secretary determines to be necessary
3 and appropriate to modify or waive due to COVID–
4 19, other than a provision of the Higher Education
5 Act of 1965 that the Secretary is specifically author-
6 ized to modify or waive pursuant to the CARES Act
7 (Public Law 116–136).
8 (5) PRIVACY.—The Secretary shall ensure that
9 any report or notification submitted under this sub-
10 section does not reveal personally identifiable infor-
11 mation about an individual student.
12 (6) RULE OF CONSTRUCTION.—Nothing in this
13 subsection shall be construed to authorize the Sec-
14 retary to waive or modify any provision of law.
15 (b) REPORTS ON EXERCISE OF CARES ACT WAIVERS
16 BY INSTITUTIONS OF HIGHER EDUCATION.—Not later than
17 30 days after the date of enactment of this Act, each institu-
18 tion of higher education that exercises an authority pro-
19 vided under section 3503(b), section 3504, section 3505, sec-
20 tion 3508(d), section 3509, or section 3517(b) of the CARES
21 Act (Public Law 116–136) shall submit to the Secretary
22 a report that describes the nature and extent of the institu-
23 tion’s exercise of such authorities, including the number of
24 students and amounts of aid provided under title IV of the
•HR 925 EAH
337
1 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) af-
2 fected by the exercise of such authorities, as applicable.
3 (c) REPORTS ON CHANGES TO CONTRACTS AND
4 AGREEMENTS.—Not later than 10 days after the end of each
5 fiscal quarter for the duration of the qualifying emergency
6 through the end of the first fiscal year beginning after the
7 conclusion of such qualifying emergency, the Secretary shall
8 submit to the authorizing committees a report that includes,
9 for the most recently ended fiscal quarter—
10 (1) a summary of all modifications to any con-
11 tracts with Department of Education contractors re-
12 lating to Federal student loans, including—
13 (A) the contractual provisions that were
14 modified;
15 (B) the names of all contractors affected by
16 the modifications; and
17 (C) estimates of any costs or savings result-
18 ing from the modifications;
19 (2) a summary of all amendments, addendums,
20 or other modifications to program participation
21 agreements with institutions of higher education
22 under section 487 of the Higher Education Act of
23 1965 (20 U.S.C. 1094), any provisional program par-
24 ticipation agreements entered into under such section,
25 including—
•HR 925 EAH
338
1 (A) any provisions of such agreements that
2 were modified by the Department of Education;
3 and
4 (B) the number of institutions of higher
5 education that received such modifications or en-
6 tered into such provisional agreements,
7 disaggregated by—
8 (i) status as a four-year, two-year, or
9 less-than-two-year public institution, pri-
10 vate nonprofit institution, or proprietary
11 institution; and
12 (ii) each category of minority-serving
13 institution described in section 371(a) of the
14 Higher Education Act (20 U.S.C. 1067q);
15 and
16 (3) sample copies of program participation
17 agreements (including provisional agreements), se-
18 lected at random from among the agreements de-
19 scribed in paragraph (2), including at least one
20 agreement from each type of institution (whether a
21 public institution, private nonprofit institution, or
22 proprietary institution) that received a modified or
23 provisional agreement.
24 (d) REPORT TO CONGRESS.—
•HR 925 EAH
339
1 (1) IN GENERAL.—Not later than 90 days after
2 the date of enactment of this Act, the Secretary shall
3 submit to the authorizing committees a report that
4 includes the following:
5 (A) A summary of the reports received by
6 the Secretary under subsection (b).
7 (B) A description of—
8 (i) the Secretary’s use of the authority
9 under section 3506 of the CARES Act (Pub-
10 lic Law 116–136) to adjust subsidized loan
11 usage limits, including the total number of
12 students and the total amount of subsidized
13 loans under title IV of the Higher Edu-
14 cation Act of 1965 (20 U.S.C. 1070 et seq.)
15 affected by the Secretary’s use of such au-
16 thority;
17 (ii) the Secretary’s use of the authority
18 under section 3507 of the CARES Act (Pub-
19 lic Law 116–136) to exclude certain periods
20 from the Federal Pell Grant duration limit,
21 including the total number of students and
22 the total amount of Federal Pell Grants
23 under section 401 of the Higher Education
24 Act of 1965 (20 U.S.C. 1070a) affected by
25 the Secretary’s use of such authority; and
•HR 925 EAH
340
1 (iii) the Secretary’s use of the author-
2 ity under section 3508 of the CARES Act
3 (Public Law 116–136) to waive certain re-
4 quirements for the return of Federal funds,
5 including—
6 (I) in the case of waivers issued to
7 students under such section, the total
8 number of students and the total
9 amount of aid under title IV of the
10 Higher Education Act of 1965 (20
11 U.S.C. 1070 et seq.) affected by the
12 Secretary’s use of such authority; and
13 (II) in the case of waivers issued
14 to institutions of higher education
15 under such section, the total number of
16 students and the total amount of aid
17 under title IV of the Higher Education
18 Act of 1965 (20 U.S.C. 1070 et seq.) af-
19 fected by the Secretary’s use of such
20 authority.
21 (C) A summary of the information required
22 to be reported to the authorizing committees
23 under sections 3510 and 3512 of the CARES Act
24 (Public Law 116–136), as amended by this Act,
25 regardless of whether such information has pre-
•HR 925 EAH
341
1 viously been reported to such committees as of
2 the date of the report under this subsection.
3 (D) Information relating to the temporary
4 relief for Federal student loan borrowers pro-
5 vided under section 3513 of the CARES Act
6 (Public Law 116–136), including—
7 (i) with respect to the notifications re-
8 quired under subsection (g)(1) of such sec-
9 tion—
10 (I) the total number of individual
11 notifications sent to borrowers in ac-
12 cordance with such subsection,
13 disaggregated by electronic, postal, and
14 telephonic notifications;
15 (II) the total number of notifica-
16 tions described in clause (i) that were
17 sent within the 15-day period specified
18 in such subsection; and
19 (III) the actual costs to the De-
20 partment of Education of making the
21 notifications under such subsection;
22 (ii) the projected costs to the Depart-
23 ment of Education of making the notifica-
24 tions required under subsection (g)(2) of
25 such section;
•HR 925 EAH
342
1 (iii) the number of Federal student
2 loan borrowers who have affirmatively
3 opted-out of payment suspension under sub-
4 section (a) of such section;
5 (iv) the number of individual notifica-
6 tions sent to employers directing the em-
7 ployers to halt wage garnishment pursuant
8 to subsection (e) of such section,
9 disaggregated by electronic, postal, and tele-
10 phonic notifications;
11 (v) the number of Federal student loan
12 borrowers who have had their wages gar-
13 nished pursuant to section 488A of the
14 Higher Education Act of 1965 (20 U.S.C.
15 1095a) or section 3720D of title 31, United
16 States Code, between March 13, 2020, and
17 the date of the date of enactment of this Act;
18 (vi) the number of Federal student loan
19 borrowers subject to interest capitalization
20 as a result of consolidating Federal student
21 loans since March 13, 2020, and the total
22 amount of such interest capitalization;
23 (vii) the average daily call wait times
24 and call drop rates, disaggregated by stu-
25 dent loan servicer, for the period between
•HR 925 EAH
343
1 March 13, 2020, and the date of enactment
2 of this Act; and
3 (viii) the estimated or projected sav-
4 ings to the Department of Education for
5 student loan servicing activities for the pe-
6 riod beginning on March 13, 2020, and
7 ending on September 30, 2020, due to lower
8 reimbursement or contract costs per account
9 for student loan servicers and private collec-
10 tion agencies resulting from the suspension
11 of Federal student loan payments and halt
12 to collection activities under the CARES
13 Act (Public Law 116–136).
14 (E) Information relating to the special rules
15 relating to Federal Direct Consolidation Loans
16 under section 137 of this Act, including—
17 (i) the number of borrowers who sub-
18 mitted an application for a Federal Direct
19 Consolidation Loan;
20 (ii) the number of borrowers who re-
21 ceived a Federal Direct Consolidation Loan;
22 and
23 (iii) the wait time between submitting
24 an application and receiving a Federal Di-
25 rect Consolidation Loan.
•HR 925 EAH
344
1 (F) A summary of the information required
2 to be reported to the authorizing committees
3 under section 3517(c) and section 3518(c) of the
4 CARES Act (Public Law 116–136), as amended
5 by this Act, regardless of whether such informa-
6 tion has previously been reported to such com-
7 mittees as of the date of the report under this
8 subsection.
9 (G) A copy of any communication from the
10 Department of Education to grantees and Fed-
11 eral student loan borrowers eligible for rights
12 and benefits under section 3519 of the CARES
13 Act (Public Law 116–136) to inform such grant-
14 ees and borrowers of their eligibility for such
15 rights and benefits.
16 (2) DUTY OF HHS.—The Secretary of Health and
17 Human Services shall provide to the Secretary of
18 Education the information necessary for the Secretary
19 of Education to comply with paragraph (1)(D).
20 (e) AMENDMENTS TO CARES ACT REPORTING RE-
21 QUIREMENTS.—
22 (1) REPORTING REQUIREMENT FOR HBCU CAP-
23 ITAL FINANCING LOAN DEFERMENT.—Section 3512(c)
24 of the CARES Act (Public Law 116–136) is amended
25 by striking the period at the end and inserting ‘‘, the
•HR 925 EAH
345
1 terms of the loans deferred, and the schedule for re-
2 payment of the deferred loan amount.’’.
3 (2) REPORTING REQUIREMENT FOR INSTITU-
4 TIONAL AID MODIFICATIONS.—Section 3517(c) of the
5 CARES Act (Public Law 116–136) is amended by
6 striking the period at the end and inserting ‘‘, identi-
7 fies the statutory provision waived or modified, and
8 describes the terms of the waiver or modification re-
9 ceived by the institution.’’.
10 (3) REPORTING REQUIREMENT FOR GRANT MODI-
11 FICATIONS.—Section 3518(c) of the CARES Act (Pub-
12 lic Law 116–136) is amended by striking the period
13 at the end and inserting ‘‘and describes the terms of
14 the modification received by the institution or other
15 grant recipient.’’.
16 (f) DEFINITIONS.—In this section:
17 (1) The term ‘‘covered entity’’ means an institu-
18 tion of higher education, a Federal contractor, a stu-
19 dent, or any other entity that is subject to the Higher
20 Education Act of 1965 (20 U.S.C. 1001 et seq.).
21 (2) The term ‘‘Federal student loan’’ means a
22 loan described in section 3502(a)(2) of the CARES
23 Act (Public Law 116–136), as amended by this Act.
•HR 925 EAH
346
1 SEC. 142. PROTECTING STUDENTS FROM PREDATORY RE-
2 CRUITMENT.
3 (a) UNDERCOVER AND AUDIT-BASED INVESTIGA-
4 TIONS.—During the covered period, in carrying out the pro-
5 visions of subpart 3 of part H of title IV of such Act (20
6 U.S.C. 1099c et seq.), including paragraphs (1) and (2) of
7 section 498A(a) of the Higher Education Act of 1965 (20
8 U.S.C. 1099c–1(a)), the Secretary of Education shall—
9 (1) conduct regular undercover and audit-based
10 investigations for the purpose of encouraging the eth-
11 ical treatment of students and prospective students
12 and detecting fraud and abuse in the Federal student
13 aid programs, including—
14 (A) violations described in section 487(c)(3)
15 of the Higher Education Act of 1965 (20 U.S.C.
16 1094(c)(3));
17 (B) violations of section 487(a)(20) of such
18 Act (20 U.S.C. 1094(a)(20));
19 (C) violations described in subparagraphs
20 (A) and (B) by any entity with which the insti-
21 tution has contracted for student recruitment or
22 admission activities; and
23 (D) violations of subsection (b) of this sec-
24 tion;
25 (2) develop written guidelines for the investiga-
26 tions described in paragraph (1)—
•HR 925 EAH
347
1 (A) in accordance with commonly-accepted
2 practices for undercover operations by Office of
3 Inspector General of the Department of Edu-
4 cation; and
5 (B) in consultation with other relevant
6 agencies, including the Department of Justice,
7 Federal Trade Commission, Consumer Financial
8 Protection Bureau, and the Office of Inspector
9 General of the Department of Education;
10 (3) ensure that institutions found in violation of
11 the provisions under paragraph (1) shall be subject to
12 a sanction determined by the Secretary of Education
13 under section 487(c) of the Higher Education Act of
14 1965 (20 U.S.C. 1094(c)); and
15 (4) provide to the authorizing committees (as de-
16 fined in section 103 of the Higher Education Act of
17 1965 (20 U.S.C. 1003)), and make available to the
18 public, an annual report on—
19 (A) the findings of investigations described
20 in paragraph (1); and
21 (B) the applicable sanctions imposed on in-
22 stitutions found in violation of the provisions de-
23 scribed in paragraph (1).
24 (b) NOTICE OF INCENTIVE PAYMENT BAN.—During
25 the covered period, each institution of higher education par-
•HR 925 EAH
348
1 ticipating in a program under title IV of the Higher Edu-
2 cation Act of 1965 (20 U.S.C. 1070 et seq.) shall—
3 (1) provide notice of the ban on prohibited incen-
4 tive payment (including commissions and bonuses)
5 under section 487(a)(20) of such Act (20 U.S.C.
6 1094(a)(20)) (and accompanying regulations) upon
7 hiring an employee or entering into a contract with
8 a third party contractor, and at least once per cal-
9 endar year to employees and third-party contractors
10 of the institution; and
11 (2) publish a clear statement in all internal re-
12 cruitment materials, including guides or manuals, ac-
13 knowledging such ban.
14 (c) SUNSET.—For purposes of this section, the term
15 ‘‘covered period’’ means the period beginning on the date
16 of enactment of this Act and ending on the date on which
17 subpart 3 of part H of title IV of the Higher Education
18 (20 U.S.C. 1099c) is amended or repealed.
19 TITLE II—IMPACT AID AND MI-
20 GRANT EDUCATION
21 CORONAVIRUS RELIEF
22 SEC. 201. IMPACT AID.
23 Due to the national emergency declared by the Presi-
24 dent under the National Emergencies Act (50 U.S.C. 1601
25 et seq.) on March 13, 2020, with respect to the coronavirus,
•HR 925 EAH
349
1 and notwithstanding sections 7002(j) and 7003(c) of the El-
2 ementary and Secondary Education Act of 1965 (20 U.S.C.
3 7702(j), 7703(c)), a local educational agency desiring to re-
4 ceive a payment under section 7002 or 7003 of such Act
5 (20 U.S.C. 7702, 7703) for fiscal year 2022 that also sub-
6 mitted an application for such payment for fiscal year 2021
7 shall, in the application submitted under section 7005 of
8 such Act (20 U.S.C. 7705) for fiscal year 2022—
9 (1) with respect to a requested payment under
10 section 7002 of such Act (20 U.S.C. 7702)—
11 (A) use the data described in subsection (j)
12 of such section 7002 relating to calculating such
13 payment that was submitted by the local edu-
14 cational agency in the application for fiscal year
15 2021; or
16 (B) use the data relating to calculating such
17 payment for the fiscal year required under such
18 subsection (j); and
19 (2) with respect to a requested payment under
20 section 7003 of such Act (20 U.S.C. 7703)—
21 (A) use the student count data relating to
22 calculating such payment that was submitted by
23 the local educational agency in the application
24 for fiscal year 2021, except that payments for
25 fiscal year 2022 shall be calculated by the Sec-
•HR 925 EAH
350
1 retary using the expenditures and rates described
2 in clauses (i), (ii), (iii), and (iv) of subsection
3 (b)(1)(C) of such section 7003 that would other-
4 wise apply for fiscal year 2022; or
5 (B) use the student count data relating to
6 calculating such payment for the fiscal year re-
7 quired under subsection (c) of such section 7003.
8 SEC. 202. EDUCATION OF MIGRATORY CHILDREN.
9 Due to the national emergency declared by the Presi-
10 dent under the National Emergencies Act (50 U.S.C. 1601
11 et seq.) on March 13, 2020, with respect to the coronavirus,
12 and notwithstanding subsections (a)(1) and (f)(1) of section
13 1303 of the Elementary and Secondary Education Act of
14 1965 (20 U.S.C. 6393), for the purposes of making deter-
15 minations under subsections (a)(1) and (f) of such section
16 1303 for fiscal year 2021 and all subsequent fiscal years
17 for which school year 2019–2020 data would be used in the
18 calculations under section 1303(a)(1) of such Act (20 U.S.C.
19 6393(a)(1)) , the Secretary of Education shall use school
20 year 2018–2019 or school year 2019–2020 data, whichever
21 data are greater, wherever school year 2019–2020 data oth-
22 erwise would be required.
•HR 925 EAH
351
1 TITLE III—CAREER, TECHNICAL,
2 AND ADULT EDUCATION
3 SEC. 301. DEFINITIONS.
4 In this subtitle:
5 (1) CORONAVIRUS.—The term ‘‘coronavirus’’
6 means coronavirus as defined in section 506 of the
7 Coronavirus Preparedness and Response Supple-
8 mental Appropriations Act, 2020 (Public Law 116–
9 123).
10 (2) COVID–19 NATIONAL EMERGENCY.—The
11 term ‘‘COVID–19 national emergency’’ means the na-
12 tional emergency declared by the President under the
13 National Emergencies Act (50 U.S.C. 1601 et seq.) on
14 March 13, 2020, with respect to the coronavirus.
15 SEC. 302. COVID–19 CAREER AND TECHNICAL EDUCATION
16 RESPONSE FLEXIBILITY.
17 (a) POOLING OF FUNDS.—An eligible recipient may,
18 in accordance with section 135(c) of the Carl D. Perkins
19 Career and Technical Education Act of 2006 (20 U.S.C.
20 2355(c)), pool a portion of funds received under such Act
21 with a portion of funds received under such Act available
22 to one or more eligible recipients to support the transition
23 from secondary education to postsecondary education or
24 employment for CTE participants whose academic year
25 was interrupted by the COVID–19 national emergency.
•HR 925 EAH
352
1 (b) PROFESSIONAL DEVELOPMENT.—During the
2 COVID–19 national emergency, section 3(40)(B) of the Carl
3 D. Perkins Career and Technical Education Act of 2006
4 (20 U.S.C. 2302(40)(B)) shall apply as if ‘‘sustained (not
5 stand-alone, 1-day, or short-term workshops), intensive, col-
6 laborative, job-embedded, data-driven, and classroom-fo-
7 cused,’’ were struck.
8 (c) DEFINITIONS.—Except as otherwise provided, the
9 terms in this section have the meanings given the terms in
10 section 3 of the Carl D. Perkins Career and Technical Edu-
11 cation Act of 2006 (20 U.S.C. 2302).
12 SEC. 303. ADULT EDUCATION AND LITERACY RESPONSE AC-
13 TIVITIES.
14 (a) ONLINE SERVICE DELIVERY OF ADULT EDU-
15 CATION AND LITERACY ACTIVITIES.—During the COVID–
16 19 national emergency, an eligible agency may use funds
17 available to such agency under paragraphs (2) and (3) of
18 section 222(a) of the Workforce Innovation and Oppor-
19 tunity Act (20 U.S.C. 3302(a)) for the administrative ex-
20 penses of the eligible agency related to transitions to online
21 service delivery of adult education and literacy activities.
22 (b) DEFINITIONS.—Except as otherwise provided, the
23 terms in this section have the meanings given the terms in
24 section 203 of the Workforce Innovation and Opportunity
25 Act (29 U.S.C. 3272).
•HR 925 EAH
353
1 TITLE IV—DISABILITY
2 EMPLOYMENT
3 SEC. 401. REHABILITATION ACT WAIVERS.
4 (a) PROVISIONS ELIGIBLE FOR WAIVER.—The fol-
5 lowing provisions of the Rehabilitation Act of 1973 (29
6 U.S.C. 701 et seq.) are eligible for waivers due to the na-
7 tional emergency declared by the President under the Na-
8 tional Emergencies Act (50 U.S.C. 1601 et seq.) on March
9 13, 2020, with respect to the coronavirus:
10 (1) The Secretary of Education may provide a
11 waiver of section 103(b)(1) to allow the replacement
12 of expired or spoiled food products at vending facili-
13 ties.
14 (2) The Secretary of Education may provide a
15 waiver of the service obligation requirement under
16 section 302(b) due to interrupted service obligations.
17 (b) DURATION.—A waiver approved by the Secretary
18 under subsection (a) shall expire on the earlier of the fol-
19 lowing dates:
20 (1) The date that is 1 year after the date of the
21 enactment of this Act.
22 (2) The last day of the national emergency re-
23 ferred to in subsection (a).
24 (c) STREAMLINED PROCESS.—The Secretary of Edu-
25 cation shall create a streamlined application process to re-
•HR 925 EAH
354
1 quest a waiver under this section, and the Secretary may
2 grant such waiver if the Secretary determines that the waiv-
3 er is necessary and appropriate.
4 (d) LIMITATION.—Nothing in this section shall be con-
5 strued to allow the Secretary to waive any statutory or reg-
6 ulatory requirements under applicable civil rights laws.
7 (e) REPORTING AND PUBLICATION.—
8 (1) PUBLIC NOTICE.—A State requesting a waiv-
9 er under this section shall provide the public notice
10 of, and the opportunity to comment on, the request by
11 posting on the State website information regarding
12 the waiver request and the process for commenting.
13 (2) NOTIFYING CONGRESS.—Not later than 7
14 days after—
15 (A) receiving a waiver request from a State
16 under this section, the Secretary of Education
17 shall notify the Committee on Health, Edu-
18 cation, Labor, and Pensions of the Senate, the
19 Committee on Appropriations of the Senate, the
20 Committee on Education and Labor of the House
21 of Representatives, and the Committee on Appro-
22 priations of the House of Representatives of such
23 waiver request; and
24 (B) granting a waiver under this section,
25 the Secretary of Education shall notify the Com-
•HR 925 EAH
355
1 mittee on Health, Education, Labor, and Pen-
2 sions of the Senate, the Committee on Appro-
3 priations of the Senate, the Committee on Edu-
4 cation and Labor of the House of Representa-
5 tives, and the Committee on Appropriations of
6 the House of Representatives of such waiver.
7 (3) PUBLICATION.—Not later than 30 days after
8 granting a waiver under this section, the Secretary of
9 Education shall publish a notice of the Secretary’s de-
10 cision (including which waiver was granted and the
11 reason for granting the waiver) in the Federal Reg-
12 ister and on the website of the Department of Edu-
13 cation.
•HR 925 EAH
356
1 DIVISION C—PROTECTION FOR
2 FAMILIES AND WORKERS
3 TITLE I—AMENDMENTS TO
4 EMERGENCY FAMILY AND
5 MEDICAL LEAVE EXPANSION
6 ACT AND EMERGENCY PAID
7 SICK LEAVE ACT
8 Subtitle A—Emergency Family and
9 Medical Leave Expansion Act
10 Amendments
11 SEC. 101. REFERENCES.
12 Except as otherwise expressly provided, whenever in
13 this subtitle an amendment or repeal is expressed in terms
14 of an amendment to, or repeal of, a section or other provi-
15 sion, the reference shall be considered to be made to a section
16 or other provision of the Family and Medical Leave Act
17 of 1993 (29 U.S.C. 2601 et seq.), as amended by the Emer-
18 gency Family and Medical Leave Expansion Act (Public
19 Law 116–127).
20 SEC. 102. EMPLOYEE ELIGIBILITY AND EMPLOYER CLARI-
21 FICATION.
22 (a) EMPLOYEE ELIGIBILITY.—Section 101(2) is
23 amended by adding at the end the following:
24 ‘‘(F) ALTERNATIVE ELIGIBILITY FOR COVID–
25 19 PUBLIC HEALTH EMERGENCY .—For the pe-
•HR 925 EAH
357
1 riod beginning on the date of the enactment of
2 The Heroes Act and ending on December 31,
3 2022—
4 ‘‘(i) subparagraph (A)(i) shall be ap-
5 plied by substituting ‘90 days’ for ‘12
6 months’; and
7 ‘‘(ii) subparagraph (A)(ii) shall not
8 apply.’’.
9 (b) EMPLOYER CLARIFICATION.—Section 101(4) is
10 amended by adding at the end the following:
11 ‘‘(C) CLARIFICATION.—Subparagraph (A)(i)
12 shall not apply with respect to a public agency
13 described in subparagraph (A)(iii).’’.
14 SEC. 103. EMERGENCY LEAVE EXTENSION.
15 Section 102(a)(1)(F) is amended by striking ‘‘Decem-
16 ber 31, 2020’’ and inserting ‘‘February 28, 2021’’.
17 SEC. 104. EMERGENCY LEAVE DEFINITIONS.
18 (a) ELIGIBLE EMPLOYEE.—Section 110(a)(1) is
19 amended in subparagraph (A), by striking ‘‘sections
20 101(2)(A) and 101(2)(B)(ii)’’ and inserting ‘‘section
21 101(2)’’.
22 (b) EMPLOYER THRESHOLD.—Section 110(a)(1)(B) is
23 amended by striking ‘‘fewer than 500 employees’’ and in-
24 serting ‘‘1 or more employees’’.
•HR 925 EAH
358
1 (c) PARENT.—Section 110(a)(1) is amended by adding
2 at the end the following:
3 ‘‘(C) PARENT.—In lieu of the definition in
4 section 101(7), the term ‘parent’, with respect to
5 an employee, means any of the following:
6 ‘‘(i) A biological, foster, or adoptive
7 parent of the employee.
8 ‘‘(ii) A stepparent of the employee.
9 ‘‘(iii) A parent-in-law of the employee.
10 ‘‘(iv) A parent of a domestic partner of
11 the employee.
12 ‘‘(v) A legal guardian or other person
13 who stood in loco parentis to an employee
14 when the employee was a child.’’.
15 (d) QUALIFYING NEED RELATED TO A PUBLIC
16 HEALTH EMERGENCY.—Section 110(a)(2)(A) is amended
17 to read as follows:
18 ‘‘(A) QUALIFYING NEED RELATED TO A
19 PUBLIC HEALTH EMERGENCY.—The term ‘quali-
20 fying need related to a public health emergency’,
21 with respect to leave, means that the employee is
22 unable to perform the functions of the position of
23 such employee due to a need for leave for any of
24 the following:
•HR 925 EAH
359
1 ‘‘(i) To self-isolate because the em-
2 ployee is diagnosed with COVID–19.
3 ‘‘(ii) To obtain a medical diagnosis or
4 care if such employee is experiencing the
5 symptoms of COVID–19.
6 ‘‘(iii) To comply with a recommenda-
7 tion or order by a public official with juris-
8 diction or a health care provider to self iso-
9 late, without regard to whether such rec-
10 ommendation or order is specific to the em-
11 ployee, on the basis that the physical pres-
12 ence of the employee on the job would jeop-
13 ardize the employee’s health, the health of
14 other employees, or the health of an indi-
15 vidual in the household of the employee be-
16 cause of—
17 ‘‘(I) the possible exposure of the
18 employee to COVID–19; or
19 ‘‘(II) exhibition of symptoms of
20 COVID–19 by the employee.
21 ‘‘(iv) To care for or assist a family
22 member of the employee, without regard to
23 whether another individual other than the
24 employee is available to care for or assist
25 such family member, because—
•HR 925 EAH
360
1 ‘‘(I) such family member—
2 ‘‘(aa) is self-isolating because
3 such family member has been di-
4 agnosed with COVID–19; or
5 ‘‘(bb) is experiencing symp-
6 toms of COVID–19 and needs to
7 obtain medical diagnosis or care;
8 or
9 ‘‘(II) a public official with juris-
10 diction or a health care provider makes
11 a recommendation or order with re-
12 spect to such family member, without
13 regard to whether such determination
14 is specific to such family member, that
15 the presence of the family member in
16 the community would jeopardize the
17 health of other individuals in the com-
18 munity because of—
19 ‘‘(aa) the possible exposure of
20 such family member to COVID–
21 19; or
22 ‘‘(bb) exhibition of symptoms
23 of COVID–19 by such family
24 member.
•HR 925 EAH
361
1 ‘‘(v) To care for the son or daughter of
2 such employee if, due to COVID–19—
3 ‘‘(I) the child care provider of
4 such son or daughter is unavailable;
5 ‘‘(II) the school or place of care of
6 such son or daughter is closed; or
7 ‘‘(III) the school of such son or
8 daughter—-
9 ‘‘(aa) requires or makes op-
10 tional a virtual learning instruc-
11 tion model; or
12 ‘‘(bb) requires or makes op-
13 tional a hybrid of in-person and
14 virtual learning instruction mod-
15 els.
16 ‘‘(vi) To care for a family member who
17 is incapable of self-care because of a mental
18 or physical disability or is a senior citizen,
19 without regard to whether another indi-
20 vidual other than the employee is available
21 to care for such family member, if the place
22 of care for such family member is closed or
23 the direct care provider is unavailable due
24 to COVID–19.’’.
•HR 925 EAH
362
1 (e) FAMILY MEMBER.—Section 110(a)(2) is amended
2 by adding at the end the following:
3 ‘‘(E) FAMILY MEMBER.—The term ‘family
4 member’, with respect to an employee, means
5 any of the following:
6 ‘‘(i) A parent of the employee.
7 ‘‘(ii) A spouse of the employee.
8 ‘‘(iii) A sibling of the employee.
9 ‘‘(iv) Next of kin of the employee or a
10 person for whom the employee is next of
11 kin.
12 ‘‘(v) A son or daughter of the employee.
13 ‘‘(vi) A grandparent or grandchild of
14 the employee.
15 ‘‘(vii) A domestic partner of the em-
16 ployee.
17 ‘‘(viii) Any other individual related by
18 blood or affinity whose close association
19 with the employee is the equivalent of a
20 family relationship.
21 ‘‘(F) DOMESTIC PARTNER.—
22 ‘‘(i) IN GENERAL.—The term ‘domestic
23 partner’, with respect to an individual,
24 means another individual with whom the
25 individual is in a committed relationship.
•HR 925 EAH
363
1 ‘‘(ii) COMMITTED RELATIONSHIP DE-
2 FINED.—The term ‘committed relationship’
3 means a relationship between 2 individuals,
4 each at least 18 years of age, in which each
5 individual is the other individual’s sole do-
6 mestic partner and both individuals share
7 responsibility for a significant measure of
8 each other’s common welfare. The term in-
9 cludes any such relationship between 2 indi-
10 viduals that is granted legal recognition by
11 a State or political subdivision of a State
12 as a marriage or analogous relationship,
13 including a civil union or domestic partner-
14 ship.’’.
15 SEC. 105. REGULATORY AUTHORITIES.
16 (a) IN GENERAL.—Section 110(a) is amended by strik-
17 ing paragraph (3).
18 (b) FORCE OR EFFECT OF REGULATIONS.—Any regu-
19 lation issued under section 110(a)(3), as in effect on the
20 day before the date of the enactment of this Act, shall have
21 no force or effect.
22 SEC. 106. PAID LEAVE.
23 Section 110(b) of the Family and Medical Leave Act
24 of 1993 is amended—
•HR 925 EAH
364
1 (1) in the heading, by striking ‘‘Relationship
2 to’’;
3 (2) by amending paragraph (1) to read as fol-
4 lows:
5 ‘‘(1) EMPLOYEE ELECTION.—
6 ‘‘(A) IN GENERAL.—An employee may elect
7 to substitute any vacation leave, personal leave,
8 or medical or sick leave for paid leave under sec-
9 tion 102(a)(1)(F) in accordance with section
10 102(d)(2)(B).
11 ‘‘(B) EMPLOYER REQUIREMENT.—An em-
12 ployer may not require an employee to substitute
13 any leave described in subparagraph (A) for
14 leave under section 102(a)(1)(F).
15 ‘‘(C) RELATIONSHIP TO OTHER FAMILY AND
16 MEDICAL LEAVE.—Leave taken under subpara-
17 graph (F) of section 102(a)(1) shall not count to-
18 wards the 12 weeks of leave to which an em-
19 ployee is entitled under subparagraphs (A)
20 through (E) of such section.
21 ‘‘(D) RELATIONSHIP TO LIMITATION.—
22 PRESUMPTION OF ELIGIBILITY FOR for
23 any vacation leave, personal leave, or medical or
24 sick leave that is substituted for leave under sec-
•HR 925 EAH
365
1 tion 102(a)(1)(F) shall not count toward the
2 limitation under paragraph (2)(B)(ii).’’; and
3 (3) in paragraph (2)(A), by striking ‘‘that an
4 employee takes’’ and all that follows through ‘‘10
5 days’’.
6 SEC. 107. WAGE RATE.
7 Section 110(b)(2)(B) is amended—
8 (1) by amending clause (i)(I) to read as follows:
9 ‘‘(I) an amount that is not less
10 than the greater of—
11 ‘‘(aa) the minimum wage
12 rate in effect under section 6(a)(1)
13 of the Fair Labor Standards Act
14 of 1938 (29 U.S.C. 206(a)(1));
15 ‘‘(bb) the minimum wage
16 rate in effect for such employee in
17 the applicable State or locality,
18 whichever is greater, in which the
19 employee is employed; or
20 ‘‘(cc) two thirds of an em-
21 ployee’s regular rate of pay (as
22 determined under section 7(e) of
23 the Fair Labor Standards Act of
24 1938 (29 U.S.C. 207(e)); and’’;
25 and
•HR 925 EAH
366
1 (2) in clause (ii), by striking ‘‘$10,000’’ and in-
2 serting ‘‘$12,000’’.
3 SEC. 108. NOTICE.
4 Section 110(c) is amended by striking ‘‘for the purpose
5 described in subsection (a)(2)(A)’’.
6 SEC. 109. INTERMITTENT LEAVE.
7 Section 110 is amended by adding at the end the fol-
8 lowing:
9 ‘‘(e) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
10 DUCED WORK SCHEDULE.—Leave under section
11 102(a)(1)(F) may be taken by an employee intermittently
12 or on a reduced work schedule, without regard to whether
13 the employee and the employer of the employee have an
14 agreement with respect to whether such leave may be taken
15 intermittently or on a reduced work schedule.’’.
16 SEC. 110. CERTIFICATION.
17 Section 110 is further amended by adding at the end
18 the following:
19 ‘‘(f) CERTIFICATION.—
20 ‘‘(1) IN GENERAL.—If an employer requires that
21 a request for leave under section 102(a)(1)(F) be cer-
22 tified, the employer may require documentation for
23 certification not earlier than 5 weeks after the date on
24 which the employee takes such leave.
•HR 925 EAH
367
1 ‘‘(2) SUFFICIENT CERTIFICATION.—The following
2 documentation shall be sufficient for certification:
3 ‘‘(A) With respect to leave taken for the pur-
4 poses described in clauses (i) through (iv) of sub-
5 section (a)(2)(A)—
6 ‘‘(i) a recommendation or order from a
7 public official having jurisdiction or a
8 health care provider that the employee or
9 relevant family member has symptoms of
10 COVID–19 or should self-isolate; or
11 ‘‘(ii) documentation or evidence, in-
12 cluding an oral or written statement from
13 an employee, that the employee or relevant
14 family member has been exposed to COVID–
15 19.
16 ‘‘(B) With respect to leave taken for the
17 purposes described in clause (v) or (vi) of sub-
18 section (a)(2)(A), notice—
19 ‘‘(i) from the school, place of care, or
20 child care or direct care provider of the son
21 or daughter or other family member of the
22 employee of closure or unavailability; or
23 ‘‘(ii) from the school of the son or
24 daughter of the requirement or option of a
25 virtual learning instruction model or a hy-
•HR 925 EAH
368
1 brid of in-person and virtual learning in-
2 struction models.’’.
3 SEC. 111. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF
4 MANAGEMENT AND BUDGET TO EXCLUDE
5 CERTAIN EMPLOYEES.
6 Section 110(a) is amended by striking paragraph (4).
7 SEC. 112. TECHNICAL AMENDMENTS.
8 (a) Section 110(a)(1)(A) is amended by striking ‘‘(ii)’’
9 before ‘‘SPECIAL RULE’’ and inserting ‘‘(iii)’’.
10 (b) Section 19008 of the CARES Act is amended—
11 (1) by striking ‘‘—’’ after ‘‘amended’’;
12 (2) by striking paragraph (1); and
13 (3) by striking ‘‘(2)’’ before ‘‘by adding at the
14 end’’.
15 SEC. 113. AMENDMENTS TO THE EMERGENCY FAMILY AND
16 MEDICAL LEAVE EXPANSION ACT.
17 The Emergency Family and Medical Leave Expansion
18 Act (Public Law 116–127) is amended—
19 (1) in section 3103(b), by striking ‘‘Employees’’
20 and inserting, ‘‘Notwithstanding section 102(a)(1)(A)
21 of the Family and Medical Leave Act of 1993 (29
22 U.S.C. 2612(a)(1)(A)), employees’’; and
23 (2) by striking sections 3104 and 3105.
•HR 925 EAH
369
1 Subtitle B—Emergency Paid Sick
2 Leave Act Amendments
3 SEC. 121. REFERENCES.
4 Except as otherwise expressly provided, whenever in
5 this subtitle an amendment or repeal is expressed in terms
6 of an amendment to, or repeal of, a section or other provi-
7 sion, the reference shall be considered to be made to a section
8 or other provision of division E of the Families First
9 Coronavirus Response Act (Public Law 116–127).
10 SEC. 122. PAID SICK TIME REQUIREMENT.
11 (a) USES.—Section 5102(a) is amended to read as fol-
12 lows:
13 ‘‘(a) IN GENERAL.—An employer shall provide to each
14 employee employed by the employer paid sick time for any
15 qualifying need related to a public health emergency (as
16 defined in section 110(a)(2)(A) of the Family and Medical
17 Leave Act of 1993 (29 U.S.C. 2620(a)(2)(A)).’’.
18 (b) RECURRENCE.—Section 5102(b) is amended by
19 striking ‘‘An’’ and inserting ‘‘During any 12-month period,
20 an’’.
21 (c) EMPLOYERS WITH EXISTING POLICIES.—Section
22 5102 is amended by striking subsection (f) and inserting
23 the following:
•HR 925 EAH
370
1 ‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—With re-
2 spect to an employer that provides paid leave on the day
3 before the date of the enactment of this Act—
4 ‘‘(1) the paid sick time under this Act shall be
5 made available to employees of the employer in addi-
6 tion to such paid leave; and
7 ‘‘(2) the employer may not change such paid
8 leave on or after such date of enactment to avoid
9 being subject to paragraph (1).’’.
10 (d) INTERMITTENT LEAVE.—Section 5102 is further
11 amended by adding at the end the following:
12 ‘‘(g) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
13 DUCED WORK SCHEDULE.—Leave under section 5102 may
14 be taken by an employee intermittently or on a reduced
15 work schedule, without regard to whether the employee and
16 the employer of the employee have an agreement with re-
17 spect to whether such leave may be taken intermittently or
18 on a reduced work schedule.’’.
19 (e) CERTIFICATION.—Section 5102 is further amended
20 by adding at the end the following:
21 ‘‘(h) CERTIFICATION.—If an employer requires that a
22 request for paid sick time under this section be certified—
23 ‘‘(1) the documentation described in paragraph
24 (2) of section 110(f) of the Family and Medical Leave
•HR 925 EAH
371
1 Act of 1993 (29 U.S.C. 2620(f)) shall be sufficient for
2 certification; and
3 ‘‘(2) an employer may not require such certifi-
4 cation unless—
5 ‘‘(A) the employee takes not less than 3 con-
6 secutive days of paid sick time; and
7 ‘‘(B) the employer requires documents for
8 such certification not earlier than 7 workdays
9 after the employee returns to work after such
10 paid sick time.’’.
11 (f) NOTICE.—Section 5102 is further amended by add-
12 ing at the end the following:
13 ‘‘(i) NOTICE.—In any case where the necessity for
14 leave under this section is foreseeable, an employee shall
15 provide the employer with such notice of leave as is prac-
16 ticable.’’.
17 (g) LEAVE TRANSFER TO NEW EMPLOYER.—Section
18 5102 is further amended by adding at the end the following:
19 ‘‘(j) LEAVE TRANSFER TO NEW EMPLOYER.—A cov-
20 ered employee who begins employment with a new covered
21 employer shall be entitled to the full amount of leave under
22 section 5102 with respect to such employer.’’.
23 (h) RESTORATION TO POSITION.—
24 (1) IN GENERAL.—Section 5102 is further
25 amended by adding at the end the following:
•HR 925 EAH
372
1 ‘‘(k) RESTORATION TO POSITION.—Any covered em-
2 ployee who takes paid sick time under this section, on re-
3 turn from such paid sick time, shall be entitled—
4 ‘‘(1) to be restored by the employer to the posi-
5 tion of employment held by the employee when the
6 leave commenced; or
7 ‘‘(2) if such position is not available, to be re-
8 stored to an equivalent position with equivalent em-
9 ployment benefits, pay, and other terms and condi-
10 tions of employment.’’.
11 (2) ENFORCEMENT.—Section 5105 is amended—
12 (A) by amending subsection (a) to read as
13 follows:
14 ‘‘(a) UNPAID SICK LEAVE.—Subject to subsection (b),
15 a violation of section 5102 shall be deemed a violation of
16 section 7 of the Fair Labor Standards Act of 1938 (29
17 U.S.C. 207) and unpaid amounts shall be treated as unpaid
18 overtime compensation under such section for the purposes
19 of sections 15 and 16 of such Act (29 U.S.C. 215 and 216).’’;
20 and
21 (B) in subsection (b), by inserting ‘‘section
22 5102(k) or’’ before ‘‘section 5104’’.
23 SEC. 123. SUNSET.
24 Section 5109 is amended by striking ‘‘December 31,
25 2020’’ and inserting ‘‘February 28, 2021’’.
•HR 925 EAH
373
1 SEC. 124. DEFINITIONS.
2 (a) EMPLOYER.—Section 5110(2)(B) is amended—
3 (1) by striking ‘‘terms’’ and inserting ‘‘term’’;
4 (2) by amending subclause (I) of clause (i) to
5 read as follows:
6 ‘‘(I) means any person engaged in
7 commerce or in any industry or activ-
8 ity affecting commerce that employs 1
9 or more employees;’’; and
10 (3) by amending clause (ii) to read as follows:
11 ‘‘(ii) PUBLIC AGENCY AND NON-PROFIT
12 ORGANIZATIONS.—For purposes of clause
13 (i)(III) and (i)(I), a public agency and a
14 nonprofit organization shall be considered
15 to be a person engaged in commerce or in
16 an industry or activity affecting com-
17 merce.’’.
18 (b) FMLA TERMS.—Section 5110(4) is amended to
19 read as follows:
20 ‘‘(4) FMLA TERMS.—
21 ‘‘(A) SECTION 101.—The terms ‘health care
22 provider’, ‘next of kin’, ‘son or daughter’, and
23 ‘spouse’ have the meanings given such terms in
24 section 101 of the Family and Medical Leave Act
25 of 1993 (29 U.S.C. 2611).
•HR 925 EAH
374
1 ‘‘(B) SECTION 110.—The terms ‘child care
2 provider’, ‘domestic partner’, ‘family member’,
3 ‘parent’, and ‘school’ have the meanings given
4 such terms in section 110(a)(2) of the Family
5 and Medical and Leave Act of 1993.’’.
6 (c) PAID SICK TIME.—Section 5110(5) is amended—
7 (1) in subparagraph (A)—
8 (A) in clause (i), by striking ‘‘reason de-
9 scribed in any paragraph of section 2(a)’’ and
10 inserting ‘‘qualifying need related to a public
11 health emergency’’; and
12 (B) in clause (ii), by striking ‘‘exceed’’ and
13 all that follows and inserting ‘‘exceed $511 per
14 day and $5,110 in the aggregate.’’;
15 (2) in subparagraph (B)—
16 (A) by striking the following:
17 ‘‘(B) REQUIRED COMPENSATION.—
18 ‘‘(i) IN GENERAL.—Subject to subpara-
19 graph (A)(ii),’’; and inserting the following:
20 ‘‘(B) REQUIRED COMPENSATION.—Subject
21 to subparagraph (A)(ii),’’; and
22 (B) by striking clause (ii); and
23 (3) in subparagraph (C), by striking ‘‘ section
24 2(a)’’ and inserting ‘‘section 5102(a)’’.
•HR 925 EAH
375
1 (d) QUALIFYING NEED RELATED TO A PUBLIC
2 HEALTH EMERGENCY.—Section 5110 is amended by add-
3 ing at the end the following:
4 ‘‘(1) QUALIFYING NEED RELATED TO A PUBLIC
5 HEALTH EMERGENCY.—The term ‘qualifying need re-
6 lated to a public health emergency’ has the meaning
7 given such term in section 110(a)(2)(A) of the Family
8 and Medical Leave Act of 1993 (29 U.S.C.
9 2620(a)(2)(A)).’’.
10 SEC. 125. EMERGENCY PAID SICK LEAVE FOR EMPLOYEES
11 OF THE DEPARTMENT OF VETERANS AFFAIRS
12 AND THE TRANSPORTATION SECURITY AD-
13 MINISTRATION FOR PURPOSES RELATING TO
14 COVID–19.
15 Section 5110(1) is further amended—
16 (1) in subparagraph (E) by striking ‘‘or’’ after
17 ‘‘Code;’’;
18 (2) by redesignating subparagraph (F) as sub-
19 paragraph (H); and
20 (3) by inserting after subparagraph (E) the fol-
21 lowing:
22 ‘‘(F) notwithstanding sections 7421(a) or
23 7425(b) of title 38, United States Code, or any
24 other provision of law, an employee of the De-
•HR 925 EAH
376
1 partment of Veterans Affairs (including employ-
2 ees under chapter 74 of such title);
3 ‘‘(G) any employee of the Transportation
4 Security Administration, including an employee
5 under 111(d) of the Aviation and Transportation
6 Security Act (49 U.S.C. 44935 note); or’’.
7 SEC. 126. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF
8 MANAGEMENT AND BUDGET TO EXCLUDE
9 CERTAIN EMPLOYEES.
10 Division E is amended by striking section 5112.
11 SEC. 127. REGULATORY AUTHORITIES.
12 (a) IN GENERAL.—Division E is amended by striking
13 section 5111.
14 (b) FORCE OR EFFECT OF REGULATIONS.—Any regu-
15 lation issued under section 5111 of division E of the Fami-
16 lies First Coronavirus Response Act (Public Law 116–127),
17 as in effect on the day before the date of the enactment of
18 this Act, shall have no force or effect.
19 TITLE II—COVID–19 EVERY
20 WORKER PROTECTION ACT OF
21 2020
22 SEC. 201. SHORT TITLE.
23 This title may be cited as the ‘‘COVID–19 Every
24 Worker Protection Act of 2020’’.
•HR 925 EAH
377
1 SEC. 202. EMERGENCY TEMPORARY AND PERMANENT
2 STANDARDS.
3 (a) EMERGENCY TEMPORARY STANDARD.—
4 (1) IN GENERAL.—In consideration of the grave
5 danger presented by COVID–19 and the need to
6 strengthen protections for employees, not later than 7
7 days after the date of the enactment of this Act, the
8 Secretary of Labor shall promulgate an emergency
9 temporary standard to protect from occupational ex-
10 posure to SARS–CoV–2—
11 (A) employees of health care sector employ-
12 ers;
13 (B) employees of employers in paramedic
14 and emergency medical services, including such
15 services provided by firefighters and other emer-
16 gency responders; and
17 (C) employees of employers in other sectors
18 or occupations, including mortuary services, food
19 processing (including poultry, meat, and sea-
20 food), agriculture and crop harvesting, manufac-
21 turing, indoor and outdoor construction, correc-
22 tional centers, jails, and detention centers, trans-
23 portation (including airports, train stations,
24 and bus stations), retail and wholesale grocery,
25 warehousing and package and mail processing
26 and delivery services, call centers, education, so-
•HR 925 EAH
378
1 cial service and daycare, homeless shelters, hotels,
2 restaurants and bars, drug stores and phar-
3 macies, and retail establishments.
4 (2) CONSULTATION.—In developing the standard
5 under this subsection, the Secretary of Labor—
6 (A) shall consult with—
7 (i) the Director of the Centers for Dis-
8 ease Control and Prevention; and
9 (ii) the Director of the National Insti-
10 tute for Occupational Safety and Health;
11 and
12 (B) may consult with the professional asso-
13 ciations and representatives of the employees de-
14 scribed in paragraph (1).
15 (3) ENFORCEMENT DISCRETION.—If the Sec-
16 retary of Labor determines it is not feasible for an
17 employer to comply with a requirement of the stand-
18 ard promulgated under this subsection (such as a
19 shortage of the necessary personal protective equip-
20 ment), the Secretary may exercise discretion in the
21 enforcement of such requirement if the employer dem-
22 onstrates that the employer—
23 (A) is exercising due diligence to come into
24 compliance with such requirement; and
•HR 925 EAH
379
1 (B) is implementing alternative methods
2 and measures to protect employees.
3 (4) EXTENSION OF STANDARD.—Notwithstanding
4 paragraphs (2) and (3) of section 6(c) of the Occupa-
5 tional Safety and Health Act of 1970 (29 U.S.C.
6 655(c)), the emergency temporary standard promul-
7 gated under this subsection shall be in effect until the
8 date on which the final standard promulgated under
9 subsection (b) is in effect.
10 (5) STATE PLAN ADOPTION.—With respect to a
11 State with a State plan that has been approved by
12 the Secretary of Labor under section 18 of the Occu-
13 pational Safety and Health Act of 1970 (29 U.S.C.
14 667), not later than 14 days after the date of the en-
15 actment of this Act, such State shall promulgate an
16 emergency temporary standard that is at least as ef-
17 fective in protecting from occupational exposure to
18 SARS–CoV–2 the employees described in paragraph
19 (1) as the emergency temporary standard promul-
20 gated under this subsection.
21 (6) EMPLOYER DEFINED.—For purposes of the
22 standard promulgated under this subsection, the term
23 ‘‘employer’’ (as defined in section 3 of the Occupa-
24 tional Safety and Health Act of 1970 (29 U.S.C.
25 652)) includes any State or political subdivision of a
•HR 925 EAH
380
1 State, except for a State or political subdivision of a
2 State already subject to the jurisdiction of a State
3 plan approved under section 18(b) of the Occupa-
4 tional Safety and Health Act of 1970 (29 U.S.C.
5 667(b)).
6 (7) REQUIREMENTS.—The standard promulgated
7 under this subsection shall include—
8 (A) a requirement that any employer of an
9 employee in an occupation or sector described in
10 paragraph (1)—
11 (i) conduct a hazard assessment to as-
12 sess risks of occupational exposure to
13 SARS–CoV–2;
14 (ii) develop and implement an expo-
15 sure control plan, based on the hazard as-
16 sessment mandated in clause (i), with the
17 input and involvement of employees or the
18 representatives of employees, as appro-
19 priate, to address the risk of occupational
20 exposure in such sectors and occupations;
21 (iii) provide job specific training and
22 education to such employees on such stand-
23 ard, the plan under clause (ii), and preven-
24 tion of the transmission of SARS–CoV–2;
•HR 925 EAH
381
1 (iv) implement, as appropriate, engi-
2 neering controls, including ventilation;
3 work practice controls (including physical
4 distancing of not less than 6 feet while on
5 the job and during paid breaks); and appro-
6 priate respiratory protection and other per-
7 sonal protective equipment;
8 (v) develop and implement procedures
9 for—
10 (I) sanitation of the work environ-
11 ment;
12 (II) screening of employees for
13 signs and symptoms of COVID–19;
14 (III) the return to work for em-
15 ployees who previously tested positive
16 for COVID–19 or who showed signs or
17 symptoms of COVID–19; and
18 (IV) ensuring that subcontractors
19 comply with the procedures under sub-
20 clauses (I) through (III); and
21 (vi) record and report each work-re-
22 lated COVID–19 infection and death, as set
23 forth in part 1904 of title 29, Code of Fed-
24 eral Regulations (as in effect on the date of
25 the enactment of this Act);
•HR 925 EAH
382
1 (B) no less protection for novel pathogens
2 than precautions mandated by standards adopt-
3 ed by a State plan that has been approved by the
4 Secretary of Labor under section 18 of the Occu-
5 pational Safety and Health Act of 1970 (29
6 U.S.C. 667);
7 (C) the incorporation, as appropriate, of—
8 (i) guidelines issued by the Centers for
9 Disease Control and Prevention, the Na-
10 tional Institute for Occupational Safety and
11 Health, and the Occupational Safety and
12 Health Administration which are designed
13 to prevent the transmission of infectious
14 agents in health care or other occupational
15 settings; and
16 (ii) relevant scientific research on
17 novel pathogens; and
18 (D) a requirement for each employer to—
19 (i) maintain a COVID–19 employee
20 infection log, notify its own employees and
21 report to the appropriate health department
22 of each confirmed positive COVID–19 diag-
23 nosis of an employee within 24 hours of the
24 employer learning of such confirmed posi-
25 tive diagnosis, whether or not the infection
•HR 925 EAH
383
1 is work-related, consistent with the con-
2 fidentiality requirements of the Americans
3 with Disabilities Act of 1990 (42 U.S.C.
4 12101 et seq.), the HIPAA privacy regula-
5 tions (defined in section 1180(b)(3) of the
6 Social Security Act (42 U.S.C. 1320d–9(b))
7 and other applicable Federal regulations;
8 and
9 (ii) report to the Occupational Safety
10 and Health Administration any outbreak of
11 three or more confirmed positive COVID–19
12 diagnoses that have occurred among em-
13 ployees present at the place of employment
14 within a 14-day period, not later than 24
15 hours after the employer is made aware of
16 such an outbreak.
17 (8) INAPPLICABLE PROVISIONS OF LAW AND EX-
18 ECUTIVE ORDER.—The following provisions of law
19 and Executive orders shall not be applicable with re-
20 spect to the standard promulgated under this sub-
21 section:
22 (A) The requirements of chapter 6 of title 5,
23 United States Code (commonly referred to as the
24 ‘‘Regulatory Flexibility Act’’).
•HR 925 EAH
384
1 (B) Subchapter I of chapter 35 of title 44,
2 United States Code (commonly referred to as the
3 ‘‘Paperwork Reduction Act’’).
4 (C) The Unfunded Mandates Reform Act of
5 1995 (2 U.S.C. 1501 et seq.).
6 (D) Executive Order 12866 (58 Fed. Reg.
7 190; relating to regulatory planning and re-
8 view), as amended.
9 (E) Executive Order 13771 (82 Fed. Reg.
10 9339, relating to reducing regulation and con-
11 trolling regulatory costs).
12 (b) PERMANENT STANDARD.—Not later than 24
13 months after the date of the enactment of this Act, the Sec-
14 retary of Labor shall, pursuant to section 6 of the Occupa-
15 tional Safety and Health Act (29 U.S.C. 655), promulgate
16 a final standard—
17 (1) to protect employees described in subsection
18 (a)(1) from occupational exposure to infectious patho-
19 gens, including novel pathogens; and
20 (2) that shall be effective and enforceable in the
21 same manner and to the same extent as a standard
22 promulgated under section 6(b) of the Occupational
23 Safety and Health Act of 1970 (29 U.S.C. 655(b)).
24 (c) ANTI-RETALIATION.—
•HR 925 EAH
385
1 (1) POLICY.—Each standard promulgated under
2 this section shall require employers to adopt a policy
3 prohibiting the discrimination and retaliation de-
4 scribed in paragraph (2) by any person (including an
5 agent of the employer).
6 (2) PROHIBITION.—No employer (including an
7 agent of the employer) shall discriminate or retaliate
8 against an employee for—
9 (A) reporting to the employer, to a local,
10 State, or Federal government agency, or to the
11 media or on a social media platform—
12 (i) a violation of a standard promul-
13 gated pursuant to this Act;
14 (ii) a violation of an infectious disease
15 exposure control plan described in sub-
16 section (c)(1); or
17 (iii) a good faith concern about a
18 workplace infectious disease hazard;
19 (B) seeking assistance or intervention from
20 the employer or a local, State, or Federal govern-
21 ment agency with respect to such a report;
22 (C) voluntary use of personal protective
23 equipment with a higher level of protection than
24 is provided by the employer; or
•HR 925 EAH
386
1 (D) exercising any other right under the Oc-
2 cupational Safety and Health Act of 1970 (29
3 U.S.C. 651 et seq.).
4 (3) ENFORCEMENT.—This subsection shall be en-
5 forced in the same manner and to the same extent as
6 any standard promulgated under section 6(b) of the
7 Occupational Safety and Health Act of 1970 (29
8 U.S.C. 655(b)).
9 (d) EFFECT ON OTHER LAWS, REGULATIONS, OR OR-
10 DERS.—
11 (1) IN GENERAL.—Nothing in this Act shall be
12 construed to—
13 (A) curtail or limit authority of the Sec-
14 retary under any other provision of law; or
15 (B) preempt the application of any other
16 statute, regulation, or order of any State or local
17 government related to SARS–CoV–2 in the work-
18 place except to the extent that such provisions
19 are inconsistent with this Act, or a standard
20 promulgated pursuant to this Act, and in such
21 case only to the extent of the inconsistency.
22 (2) EQUAL OR GREATER PROTECTION.—A provi-
23 sion of law, regulation, or order of a State or local
24 government shall not be considered inconsistent with
25 this Act or standard promulgated under this Act
•HR 925 EAH
387
1 under paragraph (1)(B) if such provision provides
2 equal or greater health or safety protection to an em-
3 ployee than the protection provided under this Act, an
4 Emergency Temporary Standard, or a final standard
5 promulgated under this Act.
6 SEC. 203. REPORTING, TRACKING, INVESTIGATION AND
7 SURVEILLANCE OF COVID–19 INFECTIONS
8 AND OUTBREAKS.
9 The Director of the Centers for Disease Control and
10 Prevention, in conjunction with the Director of the National
11 Institute for Occupational Safety and Health, in coopera-
12 tion with State and territorial health departments, shall—
13 (1) collect and analyze case reports, including
14 information on the work status, occupation, and in-
15 dustry classification of an individual, and other data
16 on COVID–19, to identify and evaluate the extent,
17 nature, and source of COVID–19 among employees
18 described in section (a)(1);
19 (2) compile data and statistics on COVID–19
20 among such employees and provide to the public peri-
21 odic reports on such data and statistics; and
22 (3) based on such reports, make recommenda-
23 tions on needed actions or guidance to protect such
24 employees.
•HR 925 EAH
388
1 TITLE III—COVID–19 PROTEC-
2 TIONS UNDER LONGSHORE
3 AND HARBOR WORKERS’ COM-
4 PENSATION ACT
5 SEC. 301. COMPENSATION PURSUANT TO THE LONGSHORE
6 AND HARBOR WORKERS’ COMPENSATION
7 ACT.
8 (a) ENTITLEMENT TO COMPENSATION.—
9 (1) IN GENERAL.—A covered employee who re-
10 ceives a diagnosis or is subject to an order described
11 in paragraph (2)(B) and who provides notice of or
12 files a claim relating to such diagnosis or order under
13 section 12 or 13 of the Longshore and Harbor Work-
14 ers’ Compensation Act (33 U.S.C. 912, 913), respec-
15 tively, shall—
16 (A) be deemed to have an injury arising out
17 of or in the course of employment for which com-
18 pensation is payable under the Longshore and
19 Harbor Workers’ Compensation Act (33 U.S.C.
20 901 et seq.); and
21 (B) be paid the compensation to which the
22 employee is entitled under such Act (33 U.S.C.
23 901 et seq.).
24 (2) COVERED EMPLOYEE.—In this section, the
25 term ‘‘covered employee’’ means an employee who—
•HR 925 EAH
389
1 (A) at any time during the period begin-
2 ning on January 27, 2020, and ending on Janu-
3 ary 27, 2022, was engaged in maritime employ-
4 ment; and
5 (B) was—
6 (i) at any time during the period be-
7 ginning on January 27, 2020, and ending
8 on February 27, 2022, diagnosed with
9 COVID–19; or
10 (ii) at any time during the period de-
11 scribed in subparagraph (A), ordered not to
12 return to work by the employee’s employer
13 or by a local, State, or Federal agency be-
14 cause of exposure, or the risk of exposure, to
15 1 or more individuals diagnosed with
16 COVID–19 in the workplace.
17 (b) REIMBURSEMENT.—
18 (1) IN GENERAL.—
19 (A) ENTITLEMENT.—Subject to subpara-
20 graph (B), an employer of a covered employee or
21 the employer’s carrier shall be entitled to reim-
22 bursement for any compensation paid with re-
23 spect to a notice or claim described in subsection
24 (a), including disability benefits, funeral and
25 burial expenses, medical or other related costs for
•HR 925 EAH
390
1 treatment and care, and reasonable and nec-
2 essary allocated claims expenses.
3 (B) SAFETY AND HEALTH REQUIRE-
4 MENTS.—To be entitled to reimbursement under
5 subparagraph (A)—
6 (i) an employer shall be in compliance
7 with all applicable safety and health guide-
8 lines and standards that are related to the
9 prevention of occupational exposure to the
10 novel coronavirus that causes COVID–19,
11 including such guidelines and standards
12 issued by the Occupational Safety and
13 Health Administration, State plans ap-
14 proved under section 18 of the Occupational
15 Safety and Health Act of 1970 (29 U.S.C.
16 667), the Coast Guard, and Federal, State
17 or local public health authorities; and
18 (ii) a carrier—
19 (I) shall be a carrier for an em-
20 ployer that is in compliance with
21 clause (i); and
22 (II) shall not adjust the experience
23 rating or the annual premium of the
24 employer based upon the compensation
25 paid by the carrier with respect to a
•HR 925 EAH
391
1 notice or claim described in subpara-
2 graph (A).
3 (2) REIMBURSEMENT PROCEDURES.—To receive
4 reimbursement under paragraph (1)—
5 (A) a claim for such reimbursement shall be
6 submitted to the Secretary of Labor—
7 (i) not later than one year after the
8 final payment of compensation to a covered
9 employee pursuant to this section; and
10 (ii) in the same manner as a claim for
11 reimbursement is submitted in accordance
12 with part 61 of title 20, Code of Federal
13 Regulations (as in effect on the date of the
14 enactment of this Act); and
15 (B) an employer and the employer’s carrier
16 shall make, keep, and preserve such records,
17 make such reports, and provide such informa-
18 tion, as the Secretary of Labor determines nec-
19 essary or appropriate to carry out this section.
20 (c) SPECIAL FUND.—
21 (1) IN GENERAL.—A reimbursement under para-
22 graph (1) shall be paid out of the special fund estab-
23 lished in section 44 of Longshore and Harbor Work-
24 ers’ Compensation Act (33 U.S.C. 944).
•HR 925 EAH
392
1 (2) FUNDING.—There are authorized to be ap-
2 propriated, and there are appropriated, such funds as
3 may be necessary to reimburse the special fund de-
4 scribed in paragraph (1) for each reimbursement paid
5 out of such fund under paragraph (1).
6 (d) REPORT.—Not later than 60 days after the end of
7 fiscal year 2020, 2021, and 2022, the Secretary of Labor
8 shall submit to the Committee on Education and Labor of
9 the House of Representatives and the Committee on Health,
10 Education, Labor and Pensions of the Senate, an annual
11 report enumerating—
12 (1) the number of claims filed pursuant to sec-
13 tion (a)(1);
14 (2) of such filed claims—
15 (A) the number and types of claims ap-
16 proved under section 13 of the Longshore and
17 Harbor Workers’ Compensation Act (33 U.S.C.
18 913);
19 (B) the number and types of claims denied
20 under such section;
21 (C) the number and types of claims pending
22 under such section; and
23 (3) the amounts and the number of claims for re-
24 imbursement paid out of the special fund under sub-
•HR 925 EAH
393
1 section (c)(1) for the fiscal year for which the report
2 is being submitted.
3 (e) REGULATIONS.—The Secretary of Labor may pro-
4 mulgate such regulations as may be necessary to carry out
5 this section.
6 (f) DEFINITIONS.—In this section:
7 (1) LHWCA TERMS.—The terms ‘‘carrier’’,
8 ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have
9 the meanings given the terms in section 2 of the
10 Longshore and Harbor Workers’ Compensation Act
11 (33 U.S.C. 902).
12 (2) NOVEL CORONAVIRUS.—The term ‘‘novel
13 coronavirus’’ means SARS–CoV–2.
14 TITLE IV—WORKER’S COMPENSA-
15 TION FOR FEDERAL AND
16 POSTAL EMPLOYEES DIAG-
17 NOSED WITH COVID–19
18 SEC. 401. PRESUMPTION OF ELIGIBILITY FOR WORKERS’
19 COMPENSATION BENEFITS FOR FEDERAL EM-
20 PLOYEES DIAGNOSED WITH COVID–19.
21 (a) IN GENERAL.—An employee who is diagnosed with
22 COVID–19 during the period described in subsection
23 (b)(2)(A) shall, with respect to any claim made by or on
24 behalf of the employee for benefits under subchapter I of
25 chapter 81 of title 5, United States Code, be deemed to have
•HR 925 EAH
394
1 an injury proximately caused by exposure to coronavirus
2 arising out of the nature of the employee’s employment and
3 be presumptively entitled to such benefits, including dis-
4 ability compensation, medical services, and survivor bene-
5 fits.
6 (b) DEFINITIONS.—In this section—
7 (1) the term ‘‘coronavirus’’ means SARS– CoV–
8 2 or another coronavirus with pandemic potential;
9 and
10 (2) the term ‘‘employee’’—
11 (A) means an employee as that term is de-
12 fined in section 8101(1) of title 5, United States
13 Code, (including an employee of the United
14 States Postal Service, the Transportation Secu-
15 rity Administration, or the Department of Vet-
16 erans Affairs, including any individual ap-
17 pointed under chapter 73 or 74 of title 38,
18 United States Code) employed in the Federal
19 service at anytime during the period beginning
20 on January 27, 2020, and ending on January
21 30, 2022—
22 (i) who carried out duties requiring
23 contact with patients, members of the pub-
24 lic, or co-workers; or
•HR 925 EAH
395
1 (ii) whose duties include a risk of ex-
2 posure to the coronavirus; and
3 (B) does not include any employee otherwise
4 covered by subparagraph (A) who is teleworking
5 on a full-time basis in the period described in
6 such subparagraph prior to a diagnosis with
7 COVID–19.
8 TITLE V—COVID–19 WORKFORCE
9 DEVELOPMENT RESPONSE
10 ACTIVITIES
11 SEC. 501. DEFINITIONS.
12 (a) IN GENERAL.—Except as otherwise provided, the
13 terms in this title have the meanings given the terms in
14 section 3 of the Workforce Innovation and Opportunity Act
15 (29 U.S.C. 3102).
16 (b) CORONAVIRUS.—The term ‘‘coronavirus’’ means
17 coronavirus as defined in section 506 of the Coronavirus
18 Preparedness and Response Supplemental Appropriations
19 Act, 2020 (Public Law 116–123).
20 (c) COVID–19 NATIONAL EMERGENCY.—The term
21 ‘‘COVID–19 national emergency’’ means the national emer-
22 gency declared by the President under the National Emer-
23 gencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020,
24 with respect to the coronavirus.
•HR 925 EAH
396
1 (d) SECRETARY.—The term ‘‘Secretary’’ means the
2 Secretary of Labor.
3 SEC. 502. JOB CORPS RESPONSE TO THE COVID–19 NA-
4 TIONAL EMERGENCY.
5 In order to provide for the successful continuity of serv-
6 ices and enrollment periods during the COVID–19 national
7 emergency, additional flexibility shall be provided for Job
8 Corps operators, providers of eligible activities, and practi-
9 tioners, including the following:
10 (1) ELIGIBILITY.—Notwithstanding the age re-
11 quirements for enrollment under section 144(a)(1) of
12 the Workforce Innovation and Opportunity Act (29
13 U.S.C. 3194(a)(1)), an individual seeking to enroll in
14 Job Corps and who turns 25 during the COVID–19
15 national emergency is eligible for such enrollment
16 during or up to one year after the end of the quali-
17 fying emergency.
18 (2) ENROLLMENT LENGTH.—Notwithstanding
19 section 146(b) of the Workforce Innovation and Op-
20 portunity Act (29 U.S.C. 3196(b)), an individual en-
21 rolled in Job Corps during the COVID–19 national
22 emergency may extend their period of enrollment for
23 more than 2 years as long as such extension does not
24 exceed a 2-year, continuous period of enrollment after
25 the COVID–19 national emergency.
•HR 925 EAH
397
1 (3) ADVANCED CAREER TRAINING PROGRAMS.—
2 Notwithstanding paragraph (2), with respect to ad-
3 vanced career training programs under section 148(c)
4 of the Workforce Innovation and Opportunity Act (29
5 U.S.C. 3198(c)) in which the enrollees may continue
6 to participate for a period not to exceed 1 year in ad-
7 dition to the period of participation to which the en-
8 rollees would otherwise be limited, the COVID–19 na-
9 tional emergency shall not be considered as any por-
10 tion of such additional 1-year participation period.
11 (4) COUNSELING, JOB PLACEMENT, AND ASSESS-
12 MENT.—The counseling, job placement, and assess-
13 ment services described in section 149 of the Work-
14 force Innovation and Opportunity Act (29 U.S.C.
15 3199) shall be available to former enrollees—
16 (A) whose enrollment was interrupted due
17 to the COVID–19 national emergency;
18 (B) who graduated from Job Corps on or
19 after January 1, 2020; or
20 (C) who graduated from Job Corps not later
21 than 3 months after the COVID–19 national
22 emergency.
23 (5) SUPPORT.—The Secretary shall provide ad-
24 ditional support for the transition periods described
25 in section 150 of the Workforce Innovation and Op-
•HR 925 EAH
398
1 portunity Act (29 U.S.C. 3200), including the fol-
2 lowing:
3 (A) TRANSITION ALLOWANCES.—The Sec-
4 retary shall provide, subject to the availability of
5 appropriations, for the provision of additional
6 transition allowances as described in subsection
7 (b) of such section for Job Corps students who
8 graduate during the periods described in sub-
9 paragraph (B) or (C) of paragraph (4).
10 (B) TRANSITION SUPPORT.—The Secretary
11 shall consider the period during the COVID–19
12 national emergency and the three month period
13 following the conclusion of the COVID–19 na-
14 tional emergency as the period in which the pro-
15 vision of employment services as described in
16 subsection (c) of such section shall be provided to
17 graduates who have graduated in 2020.
18 (6) ENROLLMENT ELIGIBILITY.—The require-
19 ments described in sections 145(a)(2)(A) and
20 152(b)(2)(B) of the Workforce Innovation and Oppor-
21 tunity Act (29 U.S.C. 3195(a)(2)(A) and 29 U.S.C.
22 3202(b)(2)(B)) shall be applicable only for students
23 participating onsite or once returning to onsite after
24 participating in distance learning.
•HR 925 EAH
399
1 (7) EFFECTIVELY SUPPORTING DISTANCE LEARN-
2 ING.—The Secretary shall take such steps necessary to
3 modify the agreements required by Sec. 147(a) of the
4 Workforce Innovation and Opportunity Act (29
5 U.S.C. 3197(a)(1)) to enable operators and service
6 providers to purchase, within the limitations of the
7 contract values or established annual budgets for Job
8 Corps Centers, any equipment, supplies, and services
9 that the operators or service providers determine are
10 necessary to facilitate effective virtual learning and to
11 protect the health of students and staff on-center dur-
12 ing the COVID–19 national emergency, including dis-
13 tance learning technology for students and COVID–19
14 testing, and shall allow students to retain permanent
15 possession of such equipment and technology without
16 financial penalty regardless of their enrollment sta-
17 tus.
18 SEC. 503. MIGRANT AND SEASONAL FARMWORKER PRO-
19 GRAM RESPONSE.
20 During the COVID–19 national emergency, for the
21 purposes of section 167(i)(3)(A) of the Workforce Innovation
22 and Opportunity Act (29 U.S.C. 3222(i)(3)(A)), the term
23 ‘‘low income individual’’ shall include an individual with
24 a total family income equal to or less than 150 percent of
25 the poverty line.
•HR 925 EAH
400
1 SEC. 504. YOUTHBUILD ACTIVITIES RESPONDING TO THE
2 COVID–19 NATIONAL EMERGENCY.
3 During the COVID–19 national emergency, the Sec-
4 retary shall provide for flexibility for YouthBuild partici-
5 pants and entities carrying out YouthBuild programs, in-
6 cluding the following:
7 (1) ELIGIBILITY.—Notwithstanding the age re-
8 quirements for enrollment under section
9 171(e)(1)(A)(i) of the Workforce Innovation and Op-
10 portunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an indi-
11 vidual seeking to participate in a YouthBuild pro-
12 gram and who turns 25 during the COVID–19 na-
13 tional emergency is eligible for such participation.
14 (2) PARTICIPATION LENGTH.—Notwithstanding
15 section 171(e)(2) of the Workforce Innovation and Op-
16 portunity Act (29 U.S.C. 3226(e)(2)), the period of
17 participation in a YouthBuild program may extend
18 beyond 24 months for an individual participating in
19 such program during the COVID–19 national emer-
20 gency, as long as such extension does not exceed a 24
21 month, continuous period of enrollment after the
22 COVID–19 national emergency.
23 SEC. 505. APPRENTICESHIP SUPPORT DURING THE COVID–
24 19 NATIONAL EMERGENCY.
25 Not later than 30 days after the date of the enactment
26 of this Act, the Secretary shall identify and disseminate
•HR 925 EAH
401
1 strategies and tools to support virtual and online learning
2 and training in apprenticeship programs.
3 DIVISION D—HUMAN SERVICES
4 AND COMMUNITY SUPPORTS
5 SEC. 100. SHORT TITLE.
6 This division may be cited as the ‘‘Human Services
7 and Community Supports Act’’.
8 TITLE I—STRONGER CHILD
9 ABUSE PREVENTION AND
10 TREATMENT
11 Subtitle A—General Program
12 SEC. 101. REPEAL OF FINDINGS.
13 Section 2 of the Child Abuse Prevention and Treat-
14 ment Act (42 U.S.C. 5101 note) is repealed.
15 SEC. 102. REPEAL OF ADVISORY BOARD ON CHILD ABUSE
16 AND NEGLECT.
17 Section 102 of the Child Abuse Prevention and Treat-
18 ment Act (42 U.S.C. 5102) is repealed.
19 SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION
20 RELATING TO CHILD ABUSE.
21 Section 103 of the Child Abuse Prevention and Treat-
22 ment Act (42 U.S.C. 5104) is amended—
23 (1) in subsection (b)(1), by inserting ‘‘early
24 learning programs and’’ after ‘‘including’’;
25 (2) in subsection (c)(1)(C)—
•HR 925 EAH
402
1 (A) in clause (iii), by striking ‘‘and’’ at the
2 end;
3 (B) in clause (iv), by adding ‘‘and’’ at the
4 end; and
5 (C) by adding at the end the following:
6 ‘‘(v) the number of child fatalities and
7 near fatalities due to maltreatment, as re-
8 ported by States in accordance with the
9 uniform standards established pursuant to
10 subsection (d), and any other relevant infor-
11 mation related to such fatalities;’’; and
12 (3) by adding at the end the following:
13 ‘‘(d) UNIFORM STANDARDS FOR TRACKING AND RE-
14 PORTING OF CHILD FATALITIES RESULTING FROM MAL-
15 TREATMENT.—
16 ‘‘(1) REGULATIONS REQUIRED.—Not later than
17 24 months after the date of the enactment of the
18 Human Services and Community Supports Act, the
19 Secretary shall develop and issue final regulations es-
20 tablishing uniform standards for the tracking and re-
21 porting of child fatalities and near-fatalities resulting
22 from maltreatment. As a condition on eligibility for
23 receipt of funds under section 106, the standards es-
24 tablished under this paragraph shall be used by
•HR 925 EAH
403
1 States for the tracking and reporting of such fatalities
2 under subsection (d) of such section.
3 ‘‘(2) MAINTENANCE OF STATE LAW.—Notwith-
4 standing the uniform standards developed under
5 paragraph (1), a State that defines or describes such
6 fatalities for any purpose other than tracking and re-
7 porting under this subsection may continue to use
8 that definition or description for such purpose.
9 ‘‘(3) NEGOTIATED RULEMAKING.—In developing
10 regulations under paragraph (1), the Secretary shall
11 submit such regulations to a negotiated rulemaking
12 process, which shall include the participants described
13 in paragraph (4).
14 ‘‘(4) PARTICIPANTS DESCRIBED.—The partici-
15 pants described in this paragraph are—
16 ‘‘(A) State and county officials responsible
17 for administering the State plans under this Act
18 and parts B and E of title IV of the Social Secu-
19 rity Act (42 U.S.C. 621 et seq., 670 et seq.);
20 ‘‘(B) child welfare professionals with field
21 experience;
22 ‘‘(C) child welfare researchers;
23 ‘‘(D) domestic violence researchers;
24 ‘‘(E) domestic violence professionals;
25 ‘‘(F) child development professionals;
•HR 925 EAH
404
1 ‘‘(G) mental health professionals;
2 ‘‘(H) pediatric emergency medicine physi-
3 cians;
4 ‘‘(I) child abuse pediatricians, as certified
5 by the American Board of Pediatrics, who spe-
6 cialize in treating victims of child abuse;
7 ‘‘(J) forensic pathologists;
8 ‘‘(K) public health administrators;
9 ‘‘(L) public health researchers;
10 ‘‘(M) law enforcement;
11 ‘‘(N) family court judges;
12 ‘‘(O) prosecutors;
13 ‘‘(P) medical examiners and coroners;
14 ‘‘(Q) a representative from the National
15 Center for Fatality Review and Prevention; and
16 ‘‘(R) such other individuals and entities as
17 the Secretary determines to be appropriate.’’.
18 SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES.
19 Section 104 of the Child Abuse Prevention and Treat-
20 ment Act (42 U.S.C. 5105) is amended—
21 (1) in subsection (a)—
22 (A) by amending paragraph (1) to read as
23 follows:
24 ‘‘(1) TOPICS.—The Secretary shall, in consulta-
25 tion with other Federal agencies and recognized ex-
•HR 925 EAH
405
1 perts in the field, carry out a continuing inter-
2 disciplinary program of research, including longitu-
3 dinal research, that is designed to provide informa-
4 tion needed to improve primary prevention of child
5 abuse and neglect, better protect children from child
6 abuse or neglect, and improve the well-being of vic-
7 tims of child abuse or neglect, with at least a portion
8 of such research being field initiated. Such research
9 program may focus on—
10 ‘‘(A) disseminating evidence-based treat-
11 ment directed to individuals and families experi-
12 encing trauma due to child abuse and neglect,
13 including efforts to improve the scalability of the
14 treatments and programs being researched;
15 ‘‘(B) developing a set of evidence-based ap-
16 proaches to support child and family well-being
17 and developing ways to identify, relieve, and
18 mitigate stressors affecting families in rural,
19 urban, and suburban communities;
20 ‘‘(C) establishing methods to promote racial
21 equity in the child welfare system, including a
22 focus on how neglect is defined, how services are
23 provided, and the unique impact on Native
24 American, Alaska Native, and Native Hawaiian
25 communities;
•HR 925 EAH
406
1 ‘‘(D) improving service delivery or outcomes
2 for child welfare service agencies engaged with
3 families experiencing domestic violence, sub-
4 stance use disorder, or other complex needs;
5 ‘‘(E) the extent to which the number of un-
6 substantiated, unfounded, and false reported
7 cases of child abuse or neglect have contributed
8 to the inability of a State to respond effectively
9 to serious cases of child abuse or neglect;
10 ‘‘(F) the extent to which the lack of ade-
11 quate resources and the lack of adequate profes-
12 sional development of individuals required by
13 law to report suspected cases of child abuse and
14 neglect have contributed to the inability of a
15 State to respond effectively to serious cases of
16 child abuse and neglect;
17 ‘‘(G) the extent to which unsubstantiated re-
18 ports return as more serious cases of child abuse
19 or neglect;
20 ‘‘(H) the incidence and outcomes of child
21 abuse and neglect allegations reported within the
22 context of divorce, custody, or other family court
23 proceedings, and the interaction between family
24 courts and the child protective services system;
•HR 925 EAH
407
1 ‘‘(I) the information on the national inci-
2 dence of child abuse and neglect specified in
3 clauses (i) through (xi) of subparagraph (J); and
4 ‘‘(J) the national incidence of child abuse
5 and neglect, including—
6 ‘‘(i) the extent to which incidents of
7 child abuse and neglect are increasing or
8 decreasing in number and severity;
9 ‘‘(ii) the incidence of substantiated and
10 unsubstantiated reported child abuse and
11 neglect cases;
12 ‘‘(iii) the number of substantiated cases
13 that result in a judicial finding of child
14 abuse or neglect or related criminal court
15 convictions;
16 ‘‘(iv) the extent to which the number of
17 unsubstantiated, unfounded and false re-
18 ported cases of child abuse or neglect have
19 contributed to the inability of a State to re-
20 spond effectively to serious cases of child
21 abuse or neglect;
22 ‘‘(v) the extent to which the lack of ade-
23 quate resources and the lack of adequate
24 education of individuals required by law to
25 report suspected cases of child abuse and ne-
•HR 925 EAH
408
1 glect have contributed to the inability of a
2 State to respond effectively to serious cases
3 of child abuse and neglect;
4 ‘‘(vi) the number of unsubstantiated,
5 false, or unfounded reports that have re-
6 sulted in a child being placed in substitute
7 care, and the duration of such placement;
8 ‘‘(vii) the extent to which unsubstan-
9 tiated reports return as more serious cases
10 of child abuse or neglect;
11 ‘‘(viii) the incidence and prevalence of
12 physical, sexual, and emotional abuse and
13 physical and emotional neglect in substitute
14 care;
15 ‘‘(ix) the incidence and prevalence of
16 child maltreatment by a wide array of de-
17 mographic characteristics such as age, sex,
18 race, family structure, household relation-
19 ship (including the living arrangement of
20 the resident parent and family size), school
21 enrollment and education attainment, dis-
22 ability, grandparents as caregivers, labor
23 force status, work status in previous year,
24 and income in previous year;
•HR 925 EAH
409
1 ‘‘(x) the extent to which reports of sus-
2 pected or known instances of child abuse or
3 neglect involving a potential combination of
4 jurisdictions, such as intrastate, interstate,
5 Federal-State, and State-Tribal, are being
6 screened out solely on the basis of the cross-
7 jurisdictional complications; and
8 ‘‘(xi) the incidence and outcomes of
9 child abuse and neglect allegations reported
10 within the context of divorce, custody, or
11 other family court proceedings, and the
12 interaction between family courts and the
13 child protective services system.’’;
14 (B) in paragraph (2), by striking ‘‘para-
15 graph (1)(O)’’ and inserting ‘‘paragraph (1)(J)’’;
16 (C) by amending paragraph (3) to read as
17 follows:
18 ‘‘(3) REPORTING REQUIREMENTS.—
19 ‘‘(A) IN GENERAL.—Not later than 4 years
20 after the date of the enactment of the Human
21 Services and Community Supports Act, the Sec-
22 retary shall prepare and submit to the Com-
23 mittee on Education and Labor of the House of
24 Representatives and the Committee on Health,
25 Education, Labor and Pensions of the Senate a
•HR 925 EAH
410
1 report that contains the results of the research
2 conducted under paragraph (2).
3 ‘‘(B) NATIONAL INCIDENCE.—The Secretary
4 shall ensure that research conducted, and data
5 collected, under paragraph (1)(J) are reported in
6 a way that will allow longitudinal comparisons
7 as well as comparisons to the national incidence
8 studies conducted under this title.’’; and
9 (D) by striking the second paragraph (4);
10 (2) in subsection (b), by amending paragraph
11 (2) to read as follows:
12 ‘‘(2) AREAS OF EMPHASIS.—Such technical as-
13 sistance—
14 ‘‘(A) shall focus on—
15 ‘‘(i) implementing strategies that can
16 leverage existing community-based and
17 State funded resources to prevent child
18 abuse and neglect and providing education
19 for individuals involved in prevention ac-
20 tivities;
21 ‘‘(ii) reducing racial bias in child wel-
22 fare systems, including how such systems
23 interact with health, law enforcement, and
24 education systems;
•HR 925 EAH
411
1 ‘‘(iii) promoting best practices for fam-
2 ilies experiencing domestic violence, sub-
3 stance use disorder, or other complex needs;
4 and
5 ‘‘(iv) providing professional develop-
6 ment and other technical assistance to child
7 welfare agencies to improve the under-
8 standing of and to help address the effects
9 of trauma and adverse childhood experi-
10 ences in parents and children in contact
11 with the child welfare system; and
12 ‘‘(B) may include the identification of—
13 ‘‘(i) various methods and procedures
14 for the investigation, assessment, and pros-
15 ecution of child physical and sexual abuse
16 cases;
17 ‘‘(ii) ways to mitigate psychological
18 trauma to the child victim;
19 ‘‘(iii) effective programs carried out by
20 the States under titles I and II; and
21 ‘‘(iv) effective approaches being utilized
22 to link child protective service agencies with
23 health care, mental health care, and devel-
24 opmental services and early intervention to
25 improve forensic diagnosis and health eval-
•HR 925 EAH
412
1 uations, and barriers and shortages to such
2 linkages.’’;
3 (3) in subsection (c), by striking paragraph (3);
4 and
5 (4) by striking subsection (e).
6 SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL
7 ORGANIZATIONS, AND PUBLIC OR PRIVATE
8 AGENCIES AND ORGANIZATIONS.
9 Section 105 of the Child Abuse Prevention and Treat-
10 ment Act (42 U.S.C. 5106) is amended—
11 (1) in subsection (a)—
12 (A) by redesignating paragraph (7) as
13 paragraph (11);
14 (B) by striking paragraphs (1) through (6)
15 and inserting the following:
16 ‘‘(1) PREVENTION SERVICES.—The Secretary
17 may award grants under this subsection to entities to
18 establish or expand prevention services that reduce
19 incidences of child maltreatment and strengthen fami-
20 lies.
21 ‘‘(2) TRAUMATIC STRESS.—The Secretary may
22 award grants under this subsection to entities to ad-
23 dress instances of traumatic stress in families due to
24 child abuse and neglect, especially for families with
•HR 925 EAH
413
1 complex needs or families that exhibit high levels of
2 adverse childhood experiences.
3 ‘‘(3) PROMOTING A HIGH-QUALITY WORK-
4 FORCE.—The Secretary may award grants under this
5 subsection to entities to carry out programs or strate-
6 gies that promote a high-quality workforce in the
7 child welfare system through–—
8 ‘‘(A) improvements to recruitment, support,
9 or retention efforts; or
10 ‘‘(B) education for professionals and para-
11 professionals in the prevention, identification,
12 and treatment of child abuse and neglect.
13 ‘‘(4) IMPROVING COORDINATION.—The Secretary
14 may award grants under this subsection to entities to
15 carry out activities to improve intrastate coordina-
16 tion within the child welfare system. Such activities
17 may include—
18 ‘‘(A) aligning information technology sys-
19 tems;
20 ‘‘(B) improving information sharing re-
21 garding child and family referrals; or
22 ‘‘(C) creating collaborative voluntary part-
23 nerships among public and private agencies, the
24 State’s child protective services, local social serv-
25 ice agencies, community-based family support
•HR 925 EAH
414
1 programs, State and local legal agencies, devel-
2 opmental disability agencies, substance use dis-
3 order treatment providers, health care providers
4 and agencies, domestic violence prevention pro-
5 grams, mental health services, schools and early
6 learning providers, religious entities, and other
7 community-based programs.
8 ‘‘(5) PRIMARY PREVENTION.—The Secretary may
9 award grants under this subsection to entities to
10 carry out or expand primary prevention programs or
11 strategies that address family or community protec-
12 tive factors.
13 ‘‘(6) NEGLECT DUE TO ECONOMIC INSECURITY.—
14 The Secretary may award grants under this sub-
15 section to entities to carry out programs or strategies
16 that reduce findings of child neglect due in full or in
17 part to family economic insecurity.
18 ‘‘(7) EDUCATION OF MANDATORY REPORTERS.—
19 The Secretary may award grants under this sub-
20 section to entities for projects that involve research-
21 based strategies for innovative education of mandated
22 child abuse and neglect reporters, and for victims to
23 understand mandatory reporting.
24 ‘‘(8) SENTINEL INJURIES.—The Secretary may
25 award grants under this subsection to entities to iden-
•HR 925 EAH
415
1 tify and test effective practices to improve early detec-
2 tion and management of injuries indicative of poten-
3 tial abuse in infants to prevent future cases of child
4 abuse and related fatalities.
5 ‘‘(9) INNOVATIVE PARTNERSHIPS.—The Sec-
6 retary may award grants under this subsection to en-
7 tities to carry out innovative programs or strategies
8 to coordinate the delivery of services to help reduce
9 child abuse and neglect via partnerships among
10 health, mental health, education (including early
11 learning and care programs as appropriate), and
12 child welfare agencies and providers.
13 ‘‘(10) REDUCING CHILD ABUSE AND NEGLECT
14 DUE TO THE SUBSTANCE USE DISORDER OF A PARENT
15 OR CAREGIVER.—The Secretary may award grants
16 under this subsection to entities to carry out activities
17 to reduce child abuse and neglect due to the substance
18 use disorder of a parent or caregiver.’’; and
19 (C) by adding at the end the following:
20 ‘‘(12) NATIONAL CHILD ABUSE HOTLINE.—
21 ‘‘(A) IN GENERAL.—The Secretary may
22 award a grant under this subsection to a non-
23 profit entity to provide for the ongoing operation
24 of a 24-hour, national, toll-free telephone hotline
25 to provide information and assistance to youth
•HR 925 EAH
416
1 victims of child abuse or neglect, parents, care-
2 givers, mandated reporters, and other concerned
3 community members, including through alter-
4 native modalities for communications (such as
5 texting or chat services) with such victims and
6 other information seekers.
7 ‘‘(B) PRIORITY.—In awarding grants de-
8 scribed in this paragraph, the Secretary shall
9 give priority to applicants with experience in
10 operating a hotline that provides assistance to
11 victims of child abuse, parents, caregivers, and
12 mandated reporters.
13 ‘‘(C) APPLICATION.—To be eligible to re-
14 ceive a grant described in this paragraph, a non-
15 profit entity shall submit an application to the
16 Secretary that shall—
17 ‘‘(i) contain such assurances and infor-
18 mation, be in such form, and be submitted
19 in such manner, as the Secretary shall pre-
20 scribe;
21 ‘‘(ii) include a complete description of
22 the entity’s plan for the operation of a na-
23 tional child abuse hotline, including de-
24 scriptions of—
•HR 925 EAH
417
1 ‘‘(I) the professional development
2 program for hotline personnel, includ-
3 ing technology professional develop-
4 ment to ensure that all persons affili-
5 ated with the hotline are able to effec-
6 tively operate any technological sys-
7 tems used by the hotline;
8 ‘‘(II) the qualifications for hotline
9 personnel;
10 ‘‘(III) the methods for the cre-
11 ation, maintenance, and updating of a
12 comprehensive list of prevention and
13 treatment service providers;
14 ‘‘(IV) a plan for publicizing the
15 availability of the hotline throughout
16 the United States;
17 ‘‘(V) a plan for providing service
18 to non-English speaking callers, in-
19 cluding service through hotline per-
20 sonnel who have non-English language
21 capability;
22 ‘‘(VI) a plan for facilitating ac-
23 cess to the hotline and alternative mo-
24 dality services by persons with hearing
25 impairments and disabilities;
•HR 925 EAH
418
1 ‘‘(VII) a plan for providing crisis
2 counseling, general assistance, and re-
3 ferrals to youth victims of child abuse;
4 and
5 ‘‘(VIII) a plan to offer alternative
6 services to calling, such as texting or
7 live chat;
8 ‘‘(iii) demonstrate that the entity has
9 the capacity and the expertise to maintain
10 a child abuse hotline and a comprehensive
11 list of service providers;
12 ‘‘(iv) demonstrate the ability to provide
13 information and referrals for contacts, di-
14 rectly connect contacts to service providers,
15 and employ crisis interventions;
16 ‘‘(v) demonstrate that the entity has a
17 commitment to providing services to indi-
18 viduals in need; and
19 ‘‘(vi) demonstrate that the entity com-
20 plies with State privacy laws and has es-
21 tablished quality assurance practices.’’; and
22 (2) by striking subsections (b) and (c) and in-
23 serting the following:
•HR 925 EAH
419
1 ‘‘(b) GOALS AND PERFORMANCE.—The Secretary shall
2 ensure that each entity receiving a grant under this sec-
3 tion—
4 ‘‘(1) establishes quantifiable goals for the out-
5 come of the project funded with the grant; and
6 ‘‘(2) adequately measures the performance of the
7 project relative to such goals.
8 ‘‘(c) PERFORMANCE REPORT REQUIRED.—
9 ‘‘(1) IN GENERAL.—Each entity that receives a
10 grant under this section shall submit to the Secretary
11 a performance report that includes—
12 ‘‘(A) an evaluation of the effectiveness of the
13 project funded with the grant relative to the
14 goals established for such project under sub-
15 section (b)(1); and
16 ‘‘(B) data supporting such evaluation.
17 ‘‘(2) SUBMISSION.—The report under paragraph
18 (1) shall be submitted to the Secretary at such time,
19 in such manner, and containing such information as
20 the Secretary may require.
21 ‘‘(d) CONTINUING GRANTS.—The Secretary may only
22 award a continuing grant to an entity under this section
23 if such entity submits a performance report required under
24 subsection (c) that demonstrates effectiveness of the project
25 funded.’’.
•HR 925 EAH
420
1 SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NE-
2 GLECT PREVENTION AND TREATMENT PRO-
3 GRAMS.
4 (a) DEVELOPMENT AND OPERATION GRANTS.—Sub-
5 section (a) of section 106 of the Child Abuse Prevention and
6 Treatment Act (42 U.S.C. 5106a) is amended to read as
7 follows:
8 ‘‘(a) DEVELOPMENT AND OPERATION GRANTS.—The
9 Secretary shall make grants to the States, from allotments
10 under subsection (f) for each State that applies for a grant
11 under this section, for purposes of assisting the States in
12 improving and implementing a child protective services sys-
13 tem that is family-centered, integrates community services,
14 and is capable of providing rapid response to high-risk
15 cases, by carrying out the following:
16 ‘‘(1) Conducting the intake, assessment, screen-
17 ing, and investigation of reports of child abuse or ne-
18 glect.
19 ‘‘(2) Ensuring that reports concerning a child’s
20 living arrangements or subsistence needs are ad-
21 dressed through services or benefits and that no child
22 is separated from such child’s parent for reasons of
23 poverty.
24 ‘‘(3) Creating and improving the use of multi-
25 disciplinary teams and interagency, intra-agency,
26 interstate, and intrastate protocols to enhance fair in-
•HR 925 EAH
421
1 vestigations; and improving legal preparation and
2 representation.
3 ‘‘(4) Complying with the assurances in section
4 106(b)(2).
5 ‘‘(5) Establishing State and local networks of
6 child and family service providers that support child
7 and family well-being, which shall—
8 ‘‘(A) include child protective services, as
9 well as agencies and service providers, that ad-
10 dress family-strengthening, parenting skills,
11 child development, early childhood care and
12 learning, child advocacy, public health, mental
13 health, substance use disorder treatment, domes-
14 tic violence, developmental disabilities, housing,
15 juvenile justice, elementary and secondary edu-
16 cation, and child placement; and
17 ‘‘(B) address instances of child abuse and
18 neglect by incorporating evaluations that assess
19 the development of a child, including language
20 and communication, cognitive, physical, and so-
21 cial and emotional development, the need for
22 mental health services, including trauma-related
23 services, trauma-informed care, and parental
24 needs.
•HR 925 EAH
422
1 ‘‘(6) Ensuring child protective services is ad-
2 dressing the safety of children and responding to par-
3 ent and family needs, which shall include—
4 ‘‘(A) family-oriented efforts that emphasize
5 case assessment and follow up casework focused
6 on child safety and child and parent well-being,
7 which may include—
8 ‘‘(i) ensuring parents and children un-
9 dergo physical and mental health assess-
10 ments, as appropriate, and ongoing develop-
11 mental monitoring;
12 ‘‘(ii) multidisciplinary approaches to
13 assessing family needs and connecting the
14 family with services, including prevention
15 services under section 471 of the Social Se-
16 curity Act (42 U.S.C. 671);
17 ‘‘(iii) organizing a treatment team
18 with the goal of preventing child abuse and
19 neglect, and improving parent and child
20 well-being;
21 ‘‘(iv) case monitoring that supports
22 child well-being; and
23 ‘‘(v) differential response efforts; and
24 ‘‘(B) establishing and maintaining a rapid
25 response system that responds promptly to all re-
•HR 925 EAH
423
1 ports of child abuse or neglect, with special at-
2 tention to cases involving children under 3 years
3 of age.
4 ‘‘(7) Educating caseworkers, community service
5 providers, attorneys, health care professionals, par-
6 ents, and others engaged in the prevention, interven-
7 tion, and treatment of child abuse and neglect, which
8 shall include education on—
9 ‘‘(A) practices that help ensure child safety
10 and well-being;
11 ‘‘(B) approaches to family-oriented preven-
12 tion, intervention, and treatment of child abuse
13 and neglect;
14 ‘‘(C) early childhood, child, and adolescent
15 development, and the impact of adverse child-
16 hood experiences on such development;
17 ‘‘(D) the relationship between child abuse
18 and domestic violence, and support for non-abus-
19 ing parents;
20 ‘‘(E) strategies to work with families im-
21 pacted by substance use disorder and mental
22 health issues (and, when appropriate, be coordi-
23 nated with prevention efforts funded under sec-
24 tion 471 of the Social Security Act (42 U.S.C.
25 671));
•HR 925 EAH
424
1 ‘‘(F) effective use of multiple services to ad-
2 dress family and child needs, including needs re-
3 sulting from trauma;
4 ‘‘(G) efforts to improve family and child
5 well-being;
6 ‘‘(H) support for child welfare workers af-
7 fected by secondary trauma; and
8 ‘‘(I) supporting families and caregivers to
9 combat and prevent unsubstantiated, unfounded,
10 or false reports, including through education on
11 the rights of families and caregivers.
12 ‘‘(8) Creating or improving data systems that
13 allow for—
14 ‘‘(A) the identification of cases requiring
15 prompt responses;
16 ‘‘(B) real-time case monitoring that tracks
17 assessments, service referrals, follow-up, case re-
18 views, and progress toward parent and child
19 goals; and
20 ‘‘(C) sharing basic identifying data with
21 law enforcement, as necessary.
22 ‘‘(9) Improving the general child protective sys-
23 tem by developing, improving, and implementing
24 safety assessment tools, providing that such tools, pro-
25 tocols, and systems shall not authorize the separation
•HR 925 EAH
425
1 of any child from the legal parent or guardian of such
2 child solely on the basis of poverty, or without a judi-
3 cial order, except in the case of imminent harm.’’.
4 (b) ELIGIBILITY REQUIREMENTS.—
5 (1) STATE PLAN.—Paragraph (1) of section
6 106(b) of the Child Abuse Prevention and Treatment
7 Act (42 U.S.C. 5106a(b)) is amended to read as fol-
8 lows:
9 ‘‘(1) STATE PLAN.—
10 ‘‘(A) IN GENERAL.—To be eligible to receive
11 a grant under this section, a State shall submit
12 to the Secretary a State plan that—
13 ‘‘(i) specifies how the grant will be
14 used, and the State’s strategic plan, to treat
15 child abuse and neglect and enhance com-
16 munity-based, prevention-centered ap-
17 proaches that attempt to prevent child abuse
18 and neglect while strengthening and sup-
19 porting families whenever possible; and
20 ‘‘(ii) meets the requirements of this
21 subsection.
22 ‘‘(B) COORDINATION AND CONSULTATION.—
23 ‘‘(i) COORDINATION.—Each State, to
24 the maximum extent practicable, shall co-
25 ordinate its State plan under this sub-
•HR 925 EAH
426
1 section with its State plan under part B of
2 title IV of the Social Security Act (42
3 U.S.C. 621 et seq.) relating to child and
4 family services and, in States electing to
5 provide services under part E of title IV of
6 the Social Security Act (42 U.S.C. 670 et
7 seq.) relating to foster care prevention serv-
8 ices, its State plan under such part E.
9 ‘‘(ii) CONSULTATION.—In developing a
10 State plan under this subsection, a State
11 shall consult with community-based preven-
12 tion and service agencies, parents and fami-
13 lies affected by child abuse or neglect in the
14 State, law enforcement, family court judges,
15 prosecutors who handle criminal child abuse
16 cases, and medical professionals engaged in
17 the treatment of child abuse and neglect.
18 ‘‘(C) DURATION AND SUBMISSION OF
19 PLAN.—Each State plan shall—
20 ‘‘(i) be submitted not less than every 5
21 years; and
22 ‘‘(ii) if necessary, revised by the State
23 to inform the Secretary of any substantive
24 changes, including—
•HR 925 EAH
427
1 ‘‘(I) any changes to State law or
2 regulations, relating to the prevention
3 of child abuse and neglect that may af-
4 fect the eligibility of the State under
5 this section; or
6 ‘‘(II) any changes in the State’s
7 activities, strategies, or programs
8 under this section.’’.
9 (2) CONTENTS.—Paragraph (2) of section 106(b)
10 of the Child Abuse Prevention and Treatment Act (42
11 U.S.C. 5106a(b)) is amended to read as follows:
12 ‘‘(2) CONTENTS.—A State plan submitted under
13 paragraph (1) shall contain a description of the ac-
14 tivities that the State will carry out using amounts
15 received under the grant to achieve the objectives of
16 this title, including—
17 ‘‘(A) an assurance in the form of a certifi-
18 cation by the Governor of the State that the
19 State has in effect and is enforcing a State law,
20 or has in effect and is operating a statewide pro-
21 gram, relating to child abuse and neglect that in-
22 cludes—
23 ‘‘(i) provisions or procedures for an in-
24 dividual to report known and suspected in-
25 stances of child abuse and neglect, including
•HR 925 EAH
428
1 a State law for mandatory reporting by in-
2 dividuals required to report such instances;
3 ‘‘(ii) procedures for the immediate
4 screening, risk and safety assessment, and
5 prompt investigation of such reports of al-
6 leged abuse and neglect in order to ensure
7 the well-being and safety of children;
8 ‘‘(iii) procedures for immediate steps
9 to be taken to ensure and protect the safety
10 of a victim of child abuse or neglect and of
11 any other child under the same care who
12 may also be in danger of child abuse or ne-
13 glect and ensuring their placement in a safe
14 environment;
15 ‘‘(iv) methods to preserve the confiden-
16 tiality of all records in order to protect the
17 rights of the child and of the child’s parents
18 or guardians, including requirements ensur-
19 ing that reports and records made and
20 maintained pursuant to the purposes of this
21 Act shall only be made available to—
22 ‘‘(I) individuals who are the sub-
23 ject of the report;
24 ‘‘(II) Federal, State, or local gov-
25 ernment entities, or any agent of such
•HR 925 EAH
429
1 entities, as described in clause (xi) of
2 this subparagraph;
3 ‘‘(III) child abuse citizen review
4 panels;
5 ‘‘(IV) child fatality review panels;
6 ‘‘(V) a grand jury or court, upon
7 a finding that information in the
8 record is necessary for the determina-
9 tion of an issue before the court or
10 grand jury; and
11 ‘‘(VI) other entities or classes of
12 individuals statutorily authorized by
13 the State to receive such information
14 pursuant to a legitimate State purpose;
15 ‘‘(v) provisions and procedures requir-
16 ing that in every case involving a victim of
17 child abuse or neglect which results in a ju-
18 dicial proceeding, a guardian ad litem, who
19 has received education appropriate to the
20 role, including education in early childhood,
21 child, and adolescent development, and do-
22 mestic violence, and who may be an attor-
23 ney or a court appointed special advocate
24 who has received education appropriate to
25 that role (or both), shall be appointed to
•HR 925 EAH
430
1 represent the child (who, for purposes of this
2 section, shall have any age limit elected by
3 the State pursuant to section 475(8)(B)(iii)
4 of the Social Security Act (42 U.S.C.
5 675(8)(B)(iii)) in such proceedings—
6 ‘‘(I) to obtain first-hand, a clear
7 understanding of the situation and
8 needs of such child; and
9 ‘‘(II) to make recommendations to
10 the court concerning the best interests
11 of such child;
12 ‘‘(vi) the establishment of citizen re-
13 view panels in accordance with subsection
14 (c);
15 ‘‘(vii) provisions and procedures to re-
16 quire that a representative of the child pro-
17 tective services agency shall, at the initial
18 time of contact with the individual subject
19 to a child abuse or neglect investigation, ad-
20 vise the individual of the complaints or alle-
21 gations made against the individual, in a
22 manner that is consistent with laws pro-
23 tecting the rights of the informant;
24 ‘‘(viii) provisions, procedures, and
25 mechanisms—
•HR 925 EAH
431
1 ‘‘(I) for the expedited termination
2 of parental rights in the case of any
3 infant determined to be abandoned
4 under State law; and
5 ‘‘(II) by which individuals who
6 disagree with an official finding of
7 child abuse or neglect can appeal such
8 finding;
9 ‘‘(ix) provisions addressing the profes-
10 sional development of representatives of the
11 child protective services system regarding
12 the legal duties of the representatives, which
13 may consist of various methods of inform-
14 ing such representatives of such duties (in-
15 cluding providing such education in dif-
16 ferent languages if necessary), in order to
17 protect the legal rights and safety of chil-
18 dren and their parents and caregivers from
19 the initial time of contact during investiga-
20 tion through treatment;
21 ‘‘(x) provisions for immunity from
22 civil or criminal liability under State and
23 local laws and regulations for individuals
24 making good faith reports of suspected or
25 known instances of child abuse or neglect, or
•HR 925 EAH
432
1 who otherwise provide information or as-
2 sistance, including medical evaluations or
3 consultations, in connection with a report,
4 investigation, or legal intervention pursuant
5 to a good faith report of child abuse or ne-
6 glect;
7 ‘‘(xi) provisions to require the State to
8 disclose confidential information to any
9 Federal, State, or local government entity,
10 or any agent of such entity, that has a need
11 for such information in order to carry out
12 its responsibilities under law to protect chil-
13 dren from child abuse and neglect;
14 ‘‘(xii) provisions requiring, and proce-
15 dures in place that facilitate the prompt
16 expungement of any records that are acces-
17 sible to the general public or are used for
18 purposes of employment or other back-
19 ground checks in cases determined to be un-
20 substantiated or false, except that nothing
21 in this section shall prevent State child pro-
22 tective services agencies from keeping infor-
23 mation on unsubstantiated reports in their
24 casework files to assist in future risk and
25 safety assessment;
•HR 925 EAH
433
1 ‘‘(xiii) provisions and procedures for
2 requiring criminal background record
3 checks that meet the requirements of section
4 471(a)(20) of the Social Security Act (42
5 U.S.C. 671(a)(20)) for prospective foster
6 and adoptive parents and other adult rel-
7 atives and non-relatives residing in the
8 household;
9 ‘‘(xiv) provisions for systems of tech-
10 nology that support the State child protec-
11 tive services system and track reports of
12 child abuse and neglect from intake through
13 final disposition;
14 ‘‘(xv) provisions and procedures re-
15 quiring identification and assessment of all
16 reports involving children known or sus-
17 pected to be victims of sex trafficking (as
18 defined in section 103(12) of the Trafficking
19 Victims Protection Act of 2000 (22 U.S.C.
20 7102 (12));
21 ‘‘(xvi) provisions, procedures, and
22 mechanisms that assure that the State does
23 not require reunification of a surviving
24 child with a parent who has been found by
25 a court of competent jurisdiction—
•HR 925 EAH
434
1 ‘‘(I) to have committed murder
2 (which would have been an offense
3 under section 1111(a) of title 18,
4 United States Code, if the offense had
5 occurred in the special maritime or
6 territorial jurisdiction of the United
7 States) of another child of such parent;
8 ‘‘(II) to have committed voluntary
9 manslaughter (which would have been
10 an offense under section 1112(a) of
11 title 18, United States Code, if the of-
12 fense had occurred in the special mari-
13 time or territorial jurisdiction of the
14 United States) of another child of such
15 parent;
16 ‘‘(III) to have aided or abetted,
17 attempted, conspired, or solicited to
18 commit such murder or voluntary
19 manslaughter;
20 ‘‘(IV) to have committed a felony
21 assault that results in the serious bod-
22 ily injury to the surviving child or an-
23 other child of such parent;
•HR 925 EAH
435
1 ‘‘(V) to have committed sexual
2 abuse against the surviving child or
3 another child of such parent; or
4 ‘‘(VI) to be required to register
5 with a sex offender registry under sec-
6 tion 113(a) of the Adam Walsh Child
7 Protection and Safety Act of 2006 (42
8 U.S.C. 16913(a)); and
9 ‘‘(xvii) an assurance that, upon the
10 implementation by the State of the provi-
11 sions, procedures, and mechanisms under
12 clause (xvi), conviction of any one of the
13 felonies listed in clause (xvi) constitute
14 grounds under State law for the termi-
15 nation of parental rights of the convicted
16 parent as to the surviving children (al-
17 though case-by-case determinations of
18 whether or not to seek termination of paren-
19 tal rights shall be within the sole discretion
20 of the State);
21 ‘‘(B) an assurance that the State has in
22 place procedures for responding to the reporting
23 of medical neglect (including instances of with-
24 holding of medically indicated treatment from
25 infants with disabilities who have life-threat-
•HR 925 EAH
436
1 ening conditions), procedures or programs, or
2 both (within the State child protective services
3 system), to provide for—
4 ‘‘(i) coordination and consultation
5 with individuals designated by and within
6 appropriate health-care facilities;
7 ‘‘(ii) prompt notification by individ-
8 uals designated by and within appropriate
9 health-care facilities of cases of suspected
10 medical neglect (including instances of
11 withholding of medically indicated treat-
12 ment from infants with disabilities who
13 have life-threatening conditions); and
14 ‘‘(iii) authority, under State law, for
15 the State child protective services system to
16 pursue any legal remedies, including the
17 authority to initiate legal proceedings in a
18 court of competent jurisdiction, as may be
19 necessary to prevent the withholding of
20 medically indicated treatment from infants
21 with disabilities who have life-threatening
22 conditions;
23 ‘‘(C) an assurance or certification that pro-
24 grams and education conducted under this title
25 address the unique needs of unaccompanied
•HR 925 EAH
437
1 homeless youth, including access to enrollment
2 and support services and that such youth are eli-
3 gible for under parts B and E of title IV of the
4 Social Security Act (42 U.S.C. 621 et seq., 670
5 et seq.) and meet the requirements of the McKin-
6 ney-Vento Homeless Assistance Act (42 U.S.C.
7 11301 et seq.); and
8 ‘‘(D) a description of—
9 ‘‘(i) policies and procedures (including
10 appropriate referrals to child welfare service
11 systems and for other appropriate services
12 (including home visiting services and mu-
13 tual support and parent partner programs)
14 determined by a family assessment) to ad-
15 dress the needs of infants born with and
16 identified as being affected by substance use
17 or withdrawal symptoms resulting from
18 prenatal drug exposure, or a Fetal Alcohol
19 Spectrum Disorder, including a require-
20 ment that health care providers involved in
21 the delivery or care of such infants notify
22 the child protective welfare service system of
23 the occurrence of such condition in such in-
24 fants, except that—
•HR 925 EAH
438
1 ‘‘(I) child protective services shall
2 undertake an investigation only when
3 the findings of a family assessment
4 warrant such investigation; and
5 ‘‘(II) such notification shall not be
6 construed to—
7 ‘‘(aa) establish a definition
8 under Federal law of what con-
9 stitutes child abuse or neglect; or
10 ‘‘(bb) require prosecution for
11 any illegal action;
12 ‘‘(ii) the development of a multi-dis-
13 ciplinary plan of safe care for the infant
14 born and identified as being affected by sub-
15 stance use or withdrawal symptoms or a
16 Fetal Alcohol Spectrum Disorder to ensure
17 the safety and well-being of such infant fol-
18 lowing release from the care of health care
19 providers, including through—
20 ‘‘(I) using a risk-based approach
21 to develop each plan of safe care;
22 ‘‘(II) addressing, through coordi-
23 nated service delivery, the health and
24 substance use disorder treatment needs
25 of the infant and affected family or
•HR 925 EAH
439
1 caregiver as determined by a family
2 assessment; and
3 ‘‘(III) the development and imple-
4 mentation by the State of monitoring
5 systems regarding the implementation
6 of such plans of safe care to determine
7 whether and in what manner local en-
8 tities are providing, in accordance
9 with State requirements, referrals to
10 and delivery of appropriate services for
11 the infant and affected family or care-
12 giver;
13 ‘‘(iii) policies and procedures to make
14 available to the public on the State website
15 the data, findings, and information about
16 all cases of child abuse or neglect resulting
17 in a child fatality or near fatality, includ-
18 ing a description of—
19 ‘‘(I) how the State will not create
20 an exception to such public disclosure,
21 except in a case in which—
22 ‘‘(aa) the State would like to
23 delay public release of case-spe-
24 cific findings or information (in-
25 cluding any previous reports of
•HR 925 EAH
440
1 domestic violence and subsequent
2 actions taken to assess and ad-
3 dress such reports) while a crimi-
4 nal investigation or prosecution of
5 such a fatality or near fatality is
6 pending;
7 ‘‘(bb) the State is protecting
8 the identity of a reporter of child
9 abuse or neglect; or
10 ‘‘(cc) the State is withholding
11 identifying information of mem-
12 bers of the victim’s family who
13 are not perpetrators of the fatality
14 or near fatality; and
15 ‘‘(II) how the State will ensure
16 that in providing the public disclosure
17 required under this clause, the State
18 will include—
19 ‘‘(aa) the cause and cir-
20 cumstances of the fatality or near
21 fatality;
22 ‘‘(bb) the age and gender of
23 the child; and
24 ‘‘(cc) any previous reports of
25 child abuse or neglect investiga-
•HR 925 EAH
441
1 tions that are relevant to the child
2 abuse or neglect that led to the fa-
3 tality or near fatality;
4 ‘‘(iv) how the State will use data col-
5 lected on child abuse or neglect to prevent
6 child fatalities and near fatalities;
7 ‘‘(v) how the State will implement ef-
8 forts to prevent child fatalities and near fa-
9 talities;
10 ‘‘(vi) the cooperation of State law en-
11 forcement officials, court of competent juris-
12 diction, and appropriate State agencies
13 providing human services in the investiga-
14 tion, assessment, prosecution, and treatment
15 of child abuse and neglect;
16 ‘‘(vii) the steps the State will take to
17 improve the professional development, reten-
18 tion, and supervision of caseworkers and
19 how the State will measure the effectiveness
20 of such efforts;
21 ‘‘(viii) the State’s plan to ensure each
22 child under the age of 3 who is involved in
23 a substantiated case of child abuse or ne-
24 glect will be referred to the State’s child find
25 system under section 635(a)(5) of the Indi-
•HR 925 EAH
442
1 viduals with Disabilities Education Act (20
2 U.S.C. 1435(a)(5)) in order to determine if
3 the child is an infant or toddler with a dis-
4 ability (as defined in section 632(5) of such
5 Act (20 U.S.C. 1432(5)));
6 ‘‘(ix) the State’s plan to improve, as
7 part of a comprehensive State strategy led
8 by law enforcement, professional develop-
9 ment for child protective services workers
10 and their appropriate role in identifying,
11 assessing, and providing comprehensive
12 services for children who are sex trafficking
13 victims, in coordination with law enforce-
14 ment, juvenile justice agencies, runaway
15 and homeless youth shelters, and health,
16 mental health, and other social service agen-
17 cies and providers;
18 ‘‘(x) the services to be provided under
19 the grant to individuals, families, or com-
20 munities, either directly or through refer-
21 rals, aimed at preventing the occurrence of
22 child abuse and neglect;
23 ‘‘(xi) the State’s efforts to ensure pro-
24 fessionals who are required to report sus-
25 pected cases of child abuse and neglect are
•HR 925 EAH
443
1 aware of their responsibilities under sub-
2 paragraph (A)(i) and receive professional
3 development relating to performing such re-
4 sponsibilities that is specific to their profes-
5 sion and workplace;
6 ‘‘(xii) policies and procedures encour-
7 aging the appropriate involvement of fami-
8 lies in decisionmaking pertaining to chil-
9 dren who experienced child abuse or neglect;
10 ‘‘(xiii) the State’s efforts to improve
11 appropriate collaboration among child pro-
12 tective services agencies, domestic violence
13 services agencies, substance use disorder
14 treatment agencies, and other agencies in
15 investigations, interventions, and the deliv-
16 ery of services and treatment provided to
17 children and families affected by child abuse
18 or neglect, including children exposed to do-
19 mestic violence, where appropriate;
20 ‘‘(xiv) policies and procedures regard-
21 ing the use of differential response, as ap-
22 plicable, to improve outcomes for children;
23 and
24 ‘‘(xv) the State’s efforts to reduce racial
25 bias in its child protective services system.’’.
•HR 925 EAH
444
1 (3) LIMITATIONS.—Paragraph (3) of section
2 106(b) of the Child Abuse Prevention and Treatment
3 Act (42 U.S.C. 5106a(b)) is amended—
4 (A) in the paragraph heading, by striking
5 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’;
6 (B) by striking ‘‘With regard to clauses (vi)
7 and (vii) of paragraph (2)(B),’’ and inserting
8 the following:
9 ‘‘(A) DISCLOSURE OF CERTAIN IDENTIFYING
10 INFORMATION.—With regard to subparagraphs
11 (A)(iv) and (D)(iii) of paragraph (2),’’;
12 (C) by striking the period at the end and
13 inserting ‘‘; and’’; and
14 (D) by adding at the end the following:
15 ‘‘(B) PUBLIC ACCESS TO COURT PRO-
16 CEEDINGS.—Nothing in paragraph (2) shall be
17 construed to limit the State’s flexibility to deter-
18 mine State policies relating to public access to
19 court proceedings to determine child abuse and
20 neglect, except that such policies shall, at a min-
21 imum, ensure the safety and well-being of the
22 child, parents, and families.’’.
23 (4) DEFINITIONS.—Paragraph (4) of section
24 106(b) of the Child Abuse Prevention and Treatment
25 Act (42 U.S.C. 5106a(b)) is amended—
•HR 925 EAH
445
1 (A) in the paragraph heading, by striking
2 ‘‘DEFINITIONS’’ and inserting ‘‘DEFINITION’’;
3 (B) by striking ‘‘this subsection’’ and all
4 that follows through ‘‘means an act’’ and insert-
5 ing the following: ‘‘this subsection, the term ‘near
6 fatality’ means an act’’;
7 (C) by striking ‘‘; and’’ and inserting a pe-
8 riod; and
9 (D) by striking subparagraph (B).
10 (c) CITIZEN REVIEW PANELS.—Section 106(c) of the
11 Child Abuse Prevention and Treatment Act (42 U.S.C.
12 5106a(c)) is amended—
13 (1) in paragraph (1)(B), by striking ‘‘EXCEP-
14 TIONS.’’ and all that follows through ‘‘A State may’’
15 and inserting ‘‘EXCEPTION.—A State may’’;
16 (2) in paragraph (4)(A)—
17 (A) in the matter preceding clause (i), by
18 striking ‘‘and where appropriate, specific cases,’’;
19 and
20 (B) in clause (iii)(I), by striking ‘‘foster
21 care and adoption programs’’ and inserting ‘‘fos-
22 ter care, prevention, and permanency pro-
23 grams’’; and
24 (3) by amending the first sentence of paragraph
25 (6) to read as follows: ‘‘Each panel established under
•HR 925 EAH
446
1 paragraph (1) shall prepare and make available to
2 the State and the public, on an annual basis, a report
3 containing a summary of the activities of the panel,
4 the criteria used for determining which activities the
5 panel engaged in, and recommendations or observa-
6 tions to improve the child protective services system
7 at the State and local levels, and the data upon which
8 these recommendations or observations are based.’’.
9 (d) ANNUAL STATE DATA REPORTS.—Section 106(d)
10 of the Child Abuse Prevention and Treatment Act (42
11 U.S.C. 5106a(d)) is amended—
12 (1) by amending paragraph (13) to read as fol-
13 lows:
14 ‘‘(13) The annual report containing the sum-
15 mary of the activities and recommendations of the cit-
16 izen review panels of the State required by subsection
17 (c)(6), and the actions taken by the State as a result
18 of such recommendations.’’;
19 (2) in paragraph (15), by striking ‘‘subsection
20 (b)(2)(B)(ii)’’ and inserting ‘‘subsection (b)(2)(D)(i)’’;
21 (3) in paragraph (16), by striking ‘‘subsection
22 (b)(2)(B)(xxi)’’ and inserting ‘‘subsection
23 (b)(2)(D)(viii)’’;
•HR 925 EAH
447
1 (4) in paragraph (17), by striking ‘‘subsection
2 (b)(2)(B)(xxiv)’’ and inserting ‘‘subsection
3 (b)(2)(A)(xv)’’;
4 (5) in paragraph (18)—
5 (A) in subparagraph (A), by striking ‘‘sub-
6 section (b)(2)(B)(ii)’’ and inserting ‘‘subsection
7 (b)(2)(D)(i)’’;
8 (B) in subparagraph (B), by striking ‘‘sub-
9 section (b)(2)(B)(iii)’’ and inserting ‘‘subsection
10 (b)(2)(D)(ii)’’; and
11 (C) in subparagraph (C), by striking ‘‘sub-
12 section (b)(2)(B)(iii)’’ and inserting ‘‘subsection
13 (b)(2)(D)(ii)’’; and
14 (6) by adding at the end the following:
15 ‘‘(19) The number of child fatalities and near fa-
16 talities from maltreatment and related information in
17 accordance with the uniform standards established
18 under section 103(d).’’.
19 (e) ALLOTMENTS.—Section 106(f) of the Child Abuse
20 Prevention and Treatment Act (42 U.S.C. 5106a(f)) is
21 amended by adding at the end the following:
22 ‘‘(6) LIMITATION.—For any fiscal year for which
23 the amount allotted to a State or territory under this
24 subsection exceeds the amount allotted to the State or
25 territory under such subsection for fiscal year 2019,
•HR 925 EAH
448
1 the State or territory may use not more than 2 per-
2 cent of such excess amount for administrative ex-
3 penses.’’.
4 SEC. 107. MISCELLANEOUS REQUIREMENTS.
5 Section 108 of the Child Abuse Prevention and Treat-
6 ment Act (42 U.S.C. 5106d) is amended—
7 (1) in subsection (b), by inserting ‘‘Indian tribes,
8 and tribal organizations,’’ after ‘‘States,’’;
9 (2) by redesignating subsections (c) through (e)
10 as subsections (d) through (f), respectively; and
11 (3) by inserting after subsection (b) the fol-
12 lowing:
13 ‘‘(c) PROTECTING AGAINST SYSTEMIC CHILD SEXUAL
14 ABUSE.—
15 ‘‘(1) REPORTING AND TASK FORCE.—Not later
16 than 24 months after the date of the enactment of the
17 Human Services and Community Supports Act, each
18 State task force established under section 107(c) and
19 expanded as described in paragraph (2) shall study
20 and make recommendations on the following, with a
21 focus on preventing systemic child sexual abuse:
22 ‘‘(A) How to detect systemic child sexual
23 abuse that occurs in an organization.
24 ‘‘(B) How to prevent child sexual abuse and
25 systemic child sexual abuse from occurring in or-
•HR 925 EAH
449
1 ganizations, which shall include recommenda-
2 tions to improve—
3 ‘‘(i) practices and policies for the edu-
4 cation of parents, caregivers, and victims,
5 and age appropriate education of children,
6 about risk factors or signs of potential child
7 sexual abuse; and
8 ‘‘(ii) the efficacy of applicable State
9 laws and the role such laws play in deter-
10 ring or preventing incidences of child sexual
11 abuse.
12 ‘‘(C) The feasibility of making available the
13 disposition of a perpetrator within an organiza-
14 tion to—
15 ‘‘(i) the child alleging sexual abuse or
16 the child’s family; or
17 ‘‘(ii) an adult who was a child at the
18 time of the sexual abuse claim in question
19 or the adult’s family.
20 ‘‘(2) TASK FORCE COMPOSITION.—For purposes
21 of this subsection, a State task force shall include—
22 ‘‘(A) the members of the State task force de-
23 scribed in section 107(c) for the State; and
24 ‘‘(B) the following:
25 ‘‘(i) Family court judges.
•HR 925 EAH
450
1 ‘‘(ii) Individuals from religious orga-
2 nizations.
3 ‘‘(iii) Individuals from youth-serving
4 organizations, including youth athletics or-
5 ganizations.
6 ‘‘(3) REPORTING ON RECOMMENDATIONS.—Not
7 later than 6 months after a State task force makes
8 recommendations under paragraph (1), the State
9 maintaining such State task force shall—
10 ‘‘(A) make public the recommendations of
11 such report;
12 ‘‘(B) report to the Secretary on the status of
13 adopting such recommendations; and
14 ‘‘(C) in a case in which the State declines
15 to adopt a particular recommendation, make
16 public the explanation for such declination.
17 ‘‘(4) DEFINITIONS.—For purposes of this sub-
18 section—
19 ‘‘(A) the terms ‘child sexual abuse’ and ‘sex-
20 ual abuse’ shall not be limited to an act or a
21 failure to act on the part of a parent or care-
22 taker;
23 ‘‘(B) the term ‘organization’ means any en-
24 tity that serves children; and
•HR 925 EAH
451
1 ‘‘(C) the term ‘systemic child sexual abuse’
2 means—
3 ‘‘(i) a pattern of informal or formal
4 policy or de facto policy to not follow State
5 and local requirements to report instances
6 of child sexual abuse in violation of State
7 and local mandatory reporting laws or pol-
8 icy; or
9 ‘‘(ii) a pattern of assisting individual
10 perpetrators in maintaining their careers
11 despite substantiated evidence of child sex-
12 ual abuse.’’.
13 SEC. 108. REPORTS.
14 (a) SCALING EVIDENCE-BASED TREATMENT OF CHILD
15 ABUSE AND NEGLECT.—Section 110 of the Child Abuse
16 Prevention and Treatment Act (42 U.S.C. 5106f) is amend-
17 ed to read as follows:
18 ‘‘SEC. 110. STUDY AND REPORT RELATING TO SCALING EVI-
19 DENCE-BASED TREATMENT OF CHILD ABUSE
20 AND NEGLECT; STUDY AND REPORT ON MAR-
21 ITAL AGE OF CONSENT; STUDY AND REPORT
22 ON STATE MANDATORY REPORTING LAWS.
23 ‘‘(a) IN GENERAL.—The Secretary shall conduct a
24 study that examines challenges to, and best practices for,
25 the scalability of treatments that reduce the trauma result-
•HR 925 EAH
452
1 ing from child abuse and neglect and reduce the risk of re-
2 victimization, such as those allowable under sections 105
3 and 106.
4 ‘‘(b) CONTENT OF STUDY.—The study described in
5 subsection (a) shall be completed in a manner that considers
6 the variability among treatment programs and among pop-
7 ulations vulnerable to child abuse and neglect. The study
8 shall include, at minimum:
9 ‘‘(1) A detailed synthesis of the existing research
10 literature examining barriers and challenges to, and
11 best practices for the scalability of child welfare pro-
12 grams and services as well as programs and services
13 for vulnerable children and families in related fields,
14 including healthcare and education.
15 ‘‘(2) Data describing state and local providers’
16 experiences with scaling treatments that reduce the
17 trauma resulting from child abuse and neglect and re-
18 duce the risk of revictimization.
19 ‘‘(3) Consultation with experts in child welfare,
20 healthcare, and education.
21 ‘‘(c) REPORT.—Not later than 3 years after the date
22 of the enactment of the Human Services and Community
23 Supports Act, the Secretary shall submit to the Committee
24 on Health, Education, Labor, and Pensions of the Senate
25 and the Committee on Education and Labor of the House
•HR 925 EAH
453
1 of Representatives a report that contains the results of the
2 study conducted under subsection (a), including rec-
3 ommendations for best practices for scaling treatments that
4 reduce the trauma resulting from child abuse and neglect
5 and reduce the risk of revictimization.
6 ‘‘(d) STUDY AND REPORT ON MARITAL AGE OF CON-
7 SENT.—
8 ‘‘(1) STUDY.—The Secretary shall study, with
9 respect to each State—
10 ‘‘(A) the State law regarding the minimum
11 marriage age; and
12 ‘‘(B) the prevalence of marriage involving a
13 child who is under the age of such minimum
14 marriage age.
15 ‘‘(2) FACTORS.—The study required under para-
16 graph (1) shall include an examination of—
17 ‘‘(A) the extent to which any statutory ex-
18 ceptions to the minimum marriage age in such
19 laws contribute to the prevalence of marriage in-
20 volving a child described in paragraph (1)(B);
21 ‘‘(B) whether such exceptions allow such a
22 child to be married without the consent of such
23 child; and
24 ‘‘(C) the impact of such exceptions on the
25 safety of such children.
•HR 925 EAH
454
1 ‘‘(3) REPORT.—Not later than 1 year after the
2 date of enactment of the Human Services and Com-
3 munity Supports Act, the Secretary shall submit to
4 the Committee on Health, Education, Labor, and
5 Pensions of the Senate and the Committee on Edu-
6 cation and Labor of the House of Representatives a
7 report containing the findings of the study required
8 by this subsection, including any best practices.
9 ‘‘(e) STUDY AND REPORT ON STATE MANDATORY RE-
10 PORTING LAWS.—
11 ‘‘(1) STUDY.—The Secretary shall collect infor-
12 mation on and otherwise study State laws for manda-
13 tory reporting of incidents of child abuse or neglect.
14 Such study shall examine trends in referrals and in-
15 vestigations of child abuse and neglect due to dif-
16 ferences in such State laws with respect to the inclu-
17 sion, as mandatory reporters, of the following individ-
18 uals:
19 ‘‘(A) Individuals licensed or certified to
20 practice in any health-related field licensed by
21 the State, employees of health care facilities or
22 providers licensed by the State, who are engaged
23 in the admission, examination, care or treatment
24 of individuals, including mental health and
25 emergency medical service providers.
•HR 925 EAH
455
1 ‘‘(B) Individuals employed by a school who
2 have direct contact with children, including
3 teachers, administrators, and independent con-
4 tractors.
5 ‘‘(C) Peace officers and law enforcement
6 personnel.
7 ‘‘(D) Clergy, including Christian Science
8 practitioners, except where prohibited on account
9 of clergy-penitent privilege.
10 ‘‘(E) Day care and child care operators and
11 employees.
12 ‘‘(F) Employees of social services agencies
13 who have direct contact with children in the
14 course of employment.
15 ‘‘(G) Foster parents.
16 ‘‘(H) Court appointed special advocates
17 (employees and volunteers).
18 ‘‘(I) Camp and after-school employees.
19 ‘‘(J) An individual, paid or unpaid, who,
20 on the basis of the individual’s role as an inte-
21 gral part of a regularly scheduled program, ac-
22 tivity, or service, accepts responsibility for a
23 child.
24 ‘‘(2) REPORT.—Not later than 4 years after the
25 date of enactment of the Human Services and Com-
•HR 925 EAH
456
1 munity Supports Act, the Secretary shall submit to
2 the Committee on Health, Education, Labor, and
3 Pensions of the Senate and the Committee on Edu-
4 cation and Labor of the House of Representatives a
5 report containing the findings of the study required
6 by this subsection, including any best practices re-
7 lated to the inclusion, as mandatory reporters, of in-
8 dividuals described in paragraph (1).’’.
9 (b) REPORT ON CHILD ABUSE AND NEGLECT IN IN-
10 DIAN TRIBAL COMMUNITIES.—
11 (1) IN GENERAL.—Not later than 2 years after
12 the date of the enactment of this Act, the Comptroller
13 General, in consultation with the Indian tribes from
14 each of the 12 regions of the Bureau of Indian Affairs,
15 shall study child abuse and neglect in Indian Tribal
16 communities for the purpose of identifying vital in-
17 formation and making recommendations concerning
18 issues relating to child abuse and neglect in such com-
19 munities, and submit to the Committee on Health,
20 Education, Labor, and Pensions and the Committee
21 on Indian Affairs of the Senate and the Committee on
22 Education and Labor and the Committee on Natural
23 Resources of the House of Representatives a report on
24 such study, which shall include—
•HR 925 EAH
457
1 (A) the number of Indian tribes providing
2 primary child abuse and neglect prevention ac-
3 tivities;
4 (B) the number of Indian tribes providing
5 secondary child abuse and neglect prevention ac-
6 tivities;
7 (C) promising practices of Indian tribes
8 with respect to child abuse and neglect preven-
9 tion that are culturally-based or culturally-
10 adapted;
11 (D) information and recommendations on
12 how such culturally-based or culturally-adapted
13 child abuse and neglect prevention activities
14 could become evidence-based;
15 (E) the number of Indian tribes that have
16 accessed Federal child abuse and neglect preven-
17 tion programs;
18 (F) child abuse and neglect prevention ac-
19 tivities that Indian tribes provide using State
20 funds;
21 (G) child abuse and neglect prevention ac-
22 tivities that Indian tribes provide using Tribal
23 funds;
24 (H) Tribal access to State children’s trust
25 fund resources, as described in section 202 of the
•HR 925 EAH
458
1 Child Abuse Prevention and Treatment Act (42
2 U.S.C. 5116a);
3 (I) how a children’s trust fund model could
4 be used to support prevention efforts regarding
5 child abuse and neglect of American Indian and
6 Alaska Native children;
7 (J) Federal agency technical assistance ef-
8 forts to address child abuse and neglect preven-
9 tion and treatment of American Indian and
10 Alaska Native children;
11 (K) Federal agency cross-system collabora-
12 tion to address child abuse and neglect preven-
13 tion and treatment of American Indian and
14 Alaska Native children;
15 (L) Tribal access to child abuse and neglect
16 prevention research and demonstration grants
17 under the Child Abuse Prevention and Treat-
18 ment Act (42 U.S.C. 5101 et seq.); and
19 (M) an examination of child abuse and ne-
20 glect data systems to identify what Tribal data
21 is being submitted, barriers to submitting data,
22 and recommendations on improving the collec-
23 tion of data from Indian Tribes.
24 (2) DEFINITIONS.—In this subsection—
•HR 925 EAH
459
1 (A) the term ‘‘Alaska Native’’ has the mean-
2 ing given the term in section 111 of the Child
3 Abuse Prevention and Treatment Act (42 U.S.C.
4 5106g); and
5 (B) the terms ‘‘child abuse and neglect’’ and
6 ‘‘Indian tribe’’ have the meaning given the terms
7 in section 3 of the Child Abuse Prevention and
8 Treatment Act (42 U.S.C. 5101 note).
9 SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
10 Section 112(a) of the Child Abuse Prevention and
11 Treatment Act (42 U.S.C. 5106h(a)) is amended—
12 (1) in paragraph (1)—
13 (A) by striking ‘‘to carry out’’ through ‘‘fis-
14 cal year 2010’’ and inserting ‘‘to carry out this
15 title $270,000,000 for fiscal year 2021’’; and
16 (B) by striking ‘‘2011 through 2015’’ and
17 inserting ‘‘2022 through 2026’’; and
18 (2) by striking paragraph (2)(A) and inserting
19 the following:
20 ‘‘(A) IN GENERAL.—Of the amounts appro-
21 priated for a fiscal year under paragraph (1),
22 the Secretary shall make available 30 percent of
23 such amounts, or $100,000,000, whichever is less,
24 to fund discretionary activities under this title.’’.
•HR 925 EAH
460
1 SEC. 110. MONITORING AND OVERSIGHT.
2 Section 114(1) of the Child Abuse Prevention and
3 Treatment Act (42 U.S.C. 5108(1)) is amended—
4 (1) in each of subparagraphs (A) and (B), by
5 striking ‘‘and’’ at the end; and
6 (2) by adding at the end the following:
7 ‘‘(C) include written guidance and technical
8 assistance to support States, which shall include
9 guidance on the requirements of this Act with re-
10 spect to infants born with and identified as
11 being affected by substance use or withdrawal
12 symptoms, Neonatal Abstinence Syndrome, or
13 Fetal Alcohol Spectrum Disorder, as described in
14 clauses (i) and (ii) of section 106(b)(2)(D), in-
15 cluding by—
16 ‘‘(i) enhancing States’ understanding
17 of requirements and flexibilities under the
18 law, including by clarifying key terms;
19 ‘‘(ii) addressing State-identified chal-
20 lenges with developing, implementing, and
21 monitoring plans of safe care; and
22 ‘‘(iii) disseminating best practices on
23 implementation of plans of safe care, on
24 such topics as differential response, collabo-
25 ration and coordination, and identification
26 and delivery of services for different popu-
•HR 925 EAH
461
1 lations, while recognizing needs of different
2 populations and varying community ap-
3 proaches across States; and
4 ‘‘(D) include the submission of a report to
5 the Committee on Education and Labor of the
6 House of Representatives and the Committee on
7 Health, Education, Labor, and Pensions of the
8 Senate not later than 1 year after the date of the
9 enactment of this Act that contains a description
10 of the activities taken by the Secretary to comply
11 with the requirements of subparagraph (C);
12 and’’.
13 SEC. 111. ELECTRONIC INTERSTATE DATA EXCHANGE SYS-
14 TEM.
15 Title I of the Child Abuse Prevention and Treatment
16 Act (42 U.S.C. 5101 et seq.) is amended by adding at the
17 end the following:
18 ‘‘SEC. 115. ELECTRONIC INTERSTATE DATA EXCHANGE SYS-
19 TEM.
20 ‘‘(a) INTERSTATE DATA EXCHANGE SYSTEM.—
21 ‘‘(1) IN GENERAL.—The Secretary of Health and
22 Human Services shall consider the recommendations
23 included in the reports required under paragraph
24 (8)(A) and subsection (b)(2) in developing an elec-
25 tronic interstate data exchange system that allows
•HR 925 EAH
462
1 State entities responsible under State law for main-
2 taining child abuse and neglect registries to commu-
3 nicate information across State lines.
4 ‘‘(2) STANDARDS.—In developing the electronic
5 interstate data exchange system under paragraph (1),
6 the Secretary shall—
7 ‘‘(A) use interoperable standards developed
8 and maintained by intergovernmental partner-
9 ships, such as the National Information Ex-
10 change Model;
11 ‘‘(B) develop policies and governance stand-
12 ards that—
13 ‘‘(i) ensure consistency in types of in-
14 formation shared and not shared; and
15 ‘‘(ii) specify circumstances under
16 which data should be shared through the
17 interstate data exchange system; and
18 ‘‘(C) ensure that all standards and policies
19 adhere to the privacy, security, and civil rights
20 laws of each State and Federal law.
21 ‘‘(3) LIMITATION ON USE OF ELECTRONIC INTER-
22 STATE DATA EXCHANGE SYSTEM.—The electronic
23 interstate data exchange system may only be used for
24 purposes relating to child safety.
25 ‘‘(4) PILOT PROGRAM.—
•HR 925 EAH
463
1 ‘‘(A) IMPLEMENTATION.—Not later than 6
2 months after the date of the enactment of this
3 section, the Secretary of Health and Human
4 Services shall begin implementation of a pilot
5 program to generate recommendations for the
6 full integration of the electronic interstate data
7 exchange system. Such pilot program shall in-
8 clude not less than 10 States and not more than
9 15 States.
10 ‘‘(B) COMPLETION.—Not later than 30
11 months after the date of the enactment of this
12 section, the Secretary of Health and Human
13 Services shall complete the pilot program de-
14 scribed in subparagraph (A).
15 ‘‘(5) INTEGRATION.—The Secretary of Health
16 and Human Services may assist States in the inte-
17 gration of this system into the infrastructure of each
18 State using funds appropriated under this subsection.
19 ‘‘(6) PARTICIPATION.—As a condition on eligi-
20 bility for receipt of funds under section 106, each
21 State shall—
22 ‘‘(A) participate in the electronic interstate
23 data exchange system to the fullest extent possible
24 in accordance with State law (as determined by
•HR 925 EAH
464
1 the Secretary of Health and Human Services)
2 not later than December 31, 2027; and
3 ‘‘(B) prior to the participation described in
4 subparagraph (A), provide to the Secretary of
5 Health and Human Services an assurance that
6 the child abuse and neglect registry of such State
7 provides procedural due process protections with
8 respect to including individuals on such registry.
9 ‘‘(7) PROHIBITION.—The Secretary of Health
10 and Human Services may not access or store data
11 from the electronic interstate data exchange system,
12 unless the State to which such data pertains volun-
13 tarily shares such data with the Secretary of Health
14 and Human Services.
15 ‘‘(8) REPORTS.—The Secretary of Health and
16 Human Services shall prepare and submit to Con-
17 gress—
18 ‘‘(A) not later than 3 years after the date
19 of the enactment of this section, a report on the
20 recommendations from the pilot program de-
21 scribed in paragraph (4); and
22 ‘‘(B) not later than January 31, 2025, a re-
23 port on the progress made in implementing this
24 subsection.
•HR 925 EAH
465
1 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—Of
2 the funds appropriated under section 112 for a fiscal
3 year—
4 ‘‘(A) for each of fiscal years 2021 and 2022,
5 $2,000,000 shall be reserved to carry out this sec-
6 tion; and
7 ‘‘(B) for each of fiscal years 2023 through
8 2026, $1,000,000 shall be reserved to carry out
9 this section.
10 ‘‘(b) WORKING GROUP.—
11 ‘‘(1) IN GENERAL.— Not later than 60 days after
12 the date of the enactment of this section, the Secretary
13 of Health and Human Services shall convene a work-
14 ing group to study and make recommendations on the
15 following:
16 ‘‘(A) The feasibility of making publicly
17 available on the website of each State definitions
18 and standards of substantiated child abuse and
19 neglect for the State.
20 ‘‘(B) Whether background check require-
21 ments under this Act, the Child Care and Devel-
22 opment Block Grant Act of 1990 (42 U.S.C.
23 9858 et seq.), and part E of title IV of the Social
24 Security Act (42 U.S.C. 670 et seq.) are com-
•HR 925 EAH
466
1 plementary or if there are discrepancies that
2 need to be addressed.
3 ‘‘(C) How to improve communication be-
4 tween and across States, including through the
5 use of technology and the use of the electronic
6 interstate data exchange system established
7 under subsection (a), to allow for more accurate
8 and efficient exchange of child abuse and neglect
9 records.
10 ‘‘(D) How to reduce barriers and establish
11 best practices for the State to provide timely re-
12 sponses to requests from other States for infor-
13 mation contained in the State’s child abuse and
14 neglect registry through the electronic interstate
15 data exchange system established under sub-
16 section (a).
17 ‘‘(E) How to ensure due process for any in-
18 dividual included in a State’s child abuse and
19 neglect registry, including the following:
20 ‘‘(i) The level of evidence necessary for
21 inclusion in the State’s child abuse and ne-
22 glect registry.
23 ‘‘(ii) The process for notifying such in-
24 dividual of inclusion in the State’s child
•HR 925 EAH
467
1 abuse and neglect registry and the implica-
2 tions of such inclusion.
3 ‘‘(iii) The process for providing such
4 individual the opportunity to challenge such
5 inclusion, and the procedures for resolving
6 such challenge.
7 ‘‘(iv) The length of time an individ-
8 ual’s record is to remain in the State’s child
9 abuse and neglect registry, and the process
10 for removing such individual’s record.
11 ‘‘(v) The criteria for when such indi-
12 vidual’s child abuse and neglect registry
13 record may be—
14 ‘‘(I) made accessible to the general
15 public;
16 ‘‘(II) made available for purposes
17 of an employment check; and
18 ‘‘(III) be shared for the purposes
19 of participation in the electronic inter-
20 state data exchange system described in
21 subsection (a).
22 ‘‘(2) REPORT.—Not later than 18 months after
23 the date of the enactment of this section, the working
24 group convened under paragraph (1) shall submit a
25 report containing its recommendations to the Sec-
•HR 925 EAH
468
1 retary of Health and Human Services, the Committee
2 on Health, Education, Labor, and Pensions of the
3 Senate, and the Committee on Education and Labor
4 of the House of Representatives.
5 ‘‘(3) CONSTRUCTION.—There shall be no require-
6 ment for any State to adopt the recommendations of
7 the working group, nor shall the Secretary of Health
8 and Human Services incentivize or coerce any State
9 to adopt any such recommendation.’’.
10 SEC. 112. TECHNICAL AND CONFORMING AMENDMENTS.
11 (a) TECHNICAL AMENDMENTS.— The Child Abuse Pre-
12 vention and Treatment Act (42 U.S.C. 5101 et seq.), as
13 amended by the preceding provisions of this title, is further
14 amended—
15 (1) by striking ‘‘Committee on Education and
16 the Workforce’’ each place it appears and inserting
17 ‘‘Committee on Education and Labor’’;
18 (2) in section 103(c)(1)(F), by striking ‘‘abused
19 and neglected children’’ and inserting ‘‘victims of
20 child abuse or neglect’’; and
21 (3) in section 107(f), by striking ‘‘(42 U.S.C.
22 10603a)’’ and inserting ‘‘(34 U.S.C. 20104)’’.
23 (b) CONFORMING AMENDMENTS.—
24 (1) SECTION 103.—Section 103(b)(5) (42 U.S.C.
25 5104(b)(5)) is amended by striking ‘‘section
•HR 925 EAH
469
1 106(b)(2)(B)(iii)’’ and inserting ‘‘section
2 106(b)(2)(D)(ii)’’.
3 (2) SECTION 105.—Section 105(a)(11) (42 U.S.C.
4 5106(a)(11) (as redesignated by section 105(1)(A) of
5 this title) is amended—
6 (A) in subparagraph (A), by striking ‘‘sec-
7 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘section
8 106(b)(2)(D)(ii)’’;
9 (B) in subparagraph (C)—
10 (i) in clause (i)(II), by striking ‘‘sec-
11 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘sec-
12 tion 106(b)(2)(D)(ii)’’;
13 (ii) in clause (i)(IV), by striking ‘‘sec-
14 tion 106(b)(2)(B)(iii)(II)’’ and inserting
15 ‘‘section 106(b)(2)(D)(ii)(II)’’; and
16 (iii) in clause (ii), by striking ‘‘clauses
17 (ii) and (iii) of section 106(b)(2)(B)’’ and
18 inserting ‘‘clauses (i) and (ii) of section
19 106(b)(2)(D)’’;
20 (C) in subparagraph (D)—
21 (i) in clause (i)(I), by striking ‘‘section
22 106(b)(2)(B)(iii)(I)’’ and inserting ‘‘section
23 106(b)(2)(D)(ii)(I)’’;
•HR 925 EAH
470
1 (ii) in clause (ii)(I), by striking ‘‘sec-
2 tion 106(b)(2)(B)(ii)’’ and inserting ‘‘sec-
3 tion 106(b)(2)(D)(i)’’;
4 (iii) in clause (ii)(II), by striking ‘‘sec-
5 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘sec-
6 tion 106(b)(2)(D)(ii)(I)’’;
7 (iv) in clause (iii)(I), by striking ‘‘sec-
8 tion 106(b)(2)(B)(i)’’ and inserting ‘‘section
9 106(b)(2)(A)(i)’’;
10 (v) in clause (iii)(IV), by striking ‘‘sec-
11 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘sec-
12 tion 106(b)(2)(D)(ii)’’; and
13 (vi) in clause (v), by striking ‘‘section
14 106(b)(2)(B)(iii)’’ and inserting ‘‘section
15 106(b)(2)(D)(ii)’’;
16 (D) in subparagraph (E), by striking ‘‘sec-
17 tion 106(b)(2)(B)(ii)’’ and inserting ‘‘section
18 106(b)(2)(D)(i)’’; and
19 (E) in subparagraph (G)(ii), by striking
20 ‘‘clauses (ii) and (iii) of section 106(b)(2)(B)’’
21 and inserting ‘‘clauses (i) and (ii) of section
22 106(b)(2)(D)’’.
23 (3) SECTION 114.—Section 114(1)(B) (42 U.S.C.
24 5108(1)(B)) is amended by striking ‘‘clauses (ii) and
•HR 925 EAH
471
1 (iii) of section 106(b)(2)(B)’’ and inserting ‘‘clauses
2 (i) and (ii) of section 106(b)(2)(D)’’.
3 (4) TABLE OF CONTENTS.—The table of contents
4 in section 1(b) of the Child Abuse Prevention and
5 Treatment Act is amended—
6 (A) by striking the items relating to sections
7 2 and 102;
8 (B) by inserting after the item relating to
9 section 114 the following:
‘‘Sec. 115. Electronic interstate data exchange system.’’; and
10 (C) by striking the item relating to section
11 110, and inserting the following:
‘‘Sec. 110. Study and report relating to scaling evidence-based treatment of child
abuse and neglect; study and report on marital age of consent;
study and report on State mandatory reporting laws.’’.
12 Subtitle B—Community-based
13 Grants for the Prevention of
14 Child Abuse and Neglect
15 SEC. 121. PURPOSE AND AUTHORITY.
16 Section 201 of the Child Abuse Prevention and Treat-
17 ment Act (42 U.S.C. 5116) is amended to read as follows:
18 ‘‘SEC. 201. PURPOSE AND AUTHORITY.
19 ‘‘(a) PURPOSE.—It is the purpose of this title—
20 ‘‘(1) to support community-based efforts to de-
21 velop, operate, expand, enhance, evaluate, and coordi-
22 nate initiatives, programs, and activities to strength-
23 en families and prevent child abuse and neglect;
•HR 925 EAH
472
1 ‘‘(2) to support the development of a State strat-
2 egy to address unmet need and the coordination of
3 State, regional, and local resources and activities to
4 better strengthen and support families to reduce the
5 likelihood of child abuse and neglect; and
6 ‘‘(3) to support local programs in increasing the
7 ability of diverse populations with demonstrated need,
8 including low-income families, racial and ethnic mi-
9 norities, families with children or caregivers with dis-
10 abilities, underserved communities, and rural commu-
11 nities, to access a continuum of preventive services
12 that strengthen families in order to more effectively
13 prevent child abuse and neglect.
14 ‘‘(b) AUTHORITY.—The Secretary shall make grants
15 under this title on a formula basis to the entity designated
16 by the State as the lead entity (referred to in this title as
17 the ‘lead entity’) under section 202(1) for the following pur-
18 poses—
19 ‘‘(1) supporting local programs in providing
20 community-based family strengthening services de-
21 signed to prevent child abuse and neglect that help
22 families build protective factors linked to the preven-
23 tion of child abuse and neglect, such as knowledge of
24 parenting and child development, parental resilience,
25 social connections, time-limited and need-based con-
•HR 925 EAH
473
1 crete support, and social and emotional development
2 of children, that—
3 ‘‘(A) are effective, culturally appropriate,
4 and accessible to diverse populations with dem-
5 onstrated need;
6 ‘‘(B) build upon existing strengths;
7 ‘‘(C) offer assistance to families;
8 ‘‘(D) provide early, comprehensive support
9 for parents;
10 ‘‘(E) promote the development of healthy fa-
11 milial relationships and parenting skills, espe-
12 cially in young parents and parents with very
13 young children;
14 ‘‘(F) increase family stability;
15 ‘‘(G) improve family access to other formal
16 and informal community-based resources, such
17 as providing referrals to early health and devel-
18 opmental services, mental health services, and
19 time-limited and need-based concrete supports,
20 including for homeless families and those at-risk
21 of homelessness;
22 ‘‘(H) support the additional needs of fami-
23 lies with children or caregivers with disabilities
24 through respite care and other services; and
•HR 925 EAH
474
1 ‘‘(I) demonstrate a commitment to the con-
2 tinued leadership of parents in the planning,
3 program implementation, and evaluation of the
4 lead entity and local programs funded under this
5 title, including involvement of parents of chil-
6 dren with disabilities, parents who are individ-
7 uals with disabilities, racial and ethnic minori-
8 ties, and members of other underrepresented or
9 underserved groups;
10 ‘‘(2) promoting the development of a continuum
11 of preventive services that strengthen families and
12 promote child, parent, family, and community well-
13 being, through the development of State and local net-
14 works, including collaboration and coordination be-
15 tween local programs and public agencies and private
16 entities that utilize culturally responsive providers;
17 ‘‘(3) financing the start-up, maintenance, expan-
18 sion, or redesign of core services described in section
19 205(b)(3) where communities have identified and de-
20 cided to address unmet need identified in the inven-
21 tory described in section 204(3), to the extent prac-
22 ticable given funding levels and community priorities;
23 ‘‘(4) maximizing funding through leveraging
24 Federal, State, local, and private funds to carry out
25 the purposes of the title;
•HR 925 EAH
475
1 ‘‘(5) financing public information activities,
2 which may include activities to increase public
3 awareness and education, and developing comprehen-
4 sive outreach strategies to engage diverse populations
5 with demonstrated need, that focus on the healthy and
6 positive development of parents and children; and
7 ‘‘(6) to the extent practicable—
8 ‘‘(A) promoting the development, enhance-
9 ment, expansion, and implementation of a state-
10 wide strategy to address the unmet need identi-
11 fied in the inventory described in section 204(3),
12 with input from relevant stakeholders, to scale
13 evidence-based and evidence-informed commu-
14 nity-based family strengthening services designed
15 to prevent child abuse and neglect; and
16 ‘‘(B) addressing and supporting the capac-
17 ity of local programs to strengthen families and
18 prevent child abuse and neglect through technical
19 assistance, professional development, and collabo-
20 ration between local programs.’’.
21 SEC. 122. ELIGIBILITY.
22 Section 202 of the Child Abuse Prevention and Treat-
23 ment Act (42 U.S.C. 5116a) is amended—
24 (1) in paragraph (1)—
•HR 925 EAH
476
1 (A) in subparagraph (A), by inserting ‘‘,
2 taking into consideration the capacity and ex-
3 pertise of eligible entities,’’ after ‘‘State’’;
4 (B) in subparagraph (B), by striking ‘‘par-
5 ents who are’’ and all that follows and inserting
6 ‘‘parents who are or who have been consumers of
7 preventive supports and who can provide leader-
8 ship in the planning, implementation, and eval-
9 uation of programs and policy decisions of the
10 lead entity in accomplishing the desired out-
11 comes of such efforts; and’’;
12 (C) in subparagraph (C)—
13 (i) by inserting ‘‘local,’’ after ‘‘State,’’;
14 and
15 (ii) by striking ‘‘and’’ at the end; and
16 (D) by striking subparagraph (D);
17 (2) in paragraph (2)—
18 (A) in subparagraph (A), by striking ‘‘com-
19 posed of’’ and all that follows through the semi-
20 colon at the end and inserting ‘‘carried out by
21 local, collaborative, public-private partner-
22 ships;’’; and
23 (B) in subparagraph (C)—
24 (i) by inserting ‘‘local,’’ after ‘‘State,’’;
25 and
•HR 925 EAH
477
1 (ii) by striking ‘‘and’’ at the end;
2 (3) in paragraph (3)—
3 (A) by striking subparagraph (A) and in-
4 serting the following:
5 ‘‘(A) has demonstrated commitment to the
6 continued leadership of parents in the develop-
7 ment, operation, evaluation, and oversight of
8 State and local efforts to support community-
9 based family strengthening services designed to
10 prevent child abuse and neglect;’’;
11 (B) in subparagraph (B), by striking ‘‘com-
12 munity-based and prevention-focused programs
13 and activities designed to strengthen and support
14 families’’ and inserting ‘‘community-based fam-
15 ily strengthening services designed’’;
16 (C) in subparagraph (C)—
17 (i) by striking ‘‘community-based and
18 prevention-focused programs and activities
19 designed to strengthen and support families
20 to prevent child abuse and neglect’’ and in-
21 serting ‘‘local programs’’; and
22 (ii) by striking ‘‘and’’ at the end; and
23 (D) by striking subparagraph (D) and in-
24 serting the following:
•HR 925 EAH
478
1 ‘‘(D) will integrate efforts with individuals
2 and organizations experienced in working in
3 partnership with families with children with dis-
4 abilities or parents with disabilities, diverse pop-
5 ulations with demonstrated need, sexual and
6 gender minority youth, victims of domestic vio-
7 lence, and with the child abuse and neglect pre-
8 vention activities in the State, and demonstrate
9 a financial commitment to those activities; and
10 ‘‘(E) will take into consideration access for
11 diverse populations and unmet need when dis-
12 tributing funds to local programs under section
13 205; and’’; and
14 (4) by adding at the end the following:
15 ‘‘(4) the Governor of the State provides an assur-
16 ance that, in issuing regulations in consultation with
17 the lead entity to improve the delivery of community-
18 based family strengthening services designed to pro-
19 mote child, family, and community well-being, and to
20 prevent child abuse and neglect, the State will—
21 ‘‘(A) take into account how such regulations
22 will impact activities funded under this Act; and
23 ‘‘(B) where appropriate, attempt to avoid
24 duplication of efforts, minimize costs of compli-
•HR 925 EAH
479
1 ance with such regulations, and maximize local
2 flexibility with respect to such regulations.’’.
3 SEC. 123. AMOUNT OF GRANT.
4 Section 203 of the Child Abuse Prevention and Treat-
5 ment Act (42 U.S.C. 5116b) is amended—
6 (1) by adding at the end of subsection (a) the fol-
7 lowing: ‘‘For any fiscal year for which the amount
8 appropriated under section 210(a) exceeds the amount
9 appropriated under such section for fiscal year 2019
10 by more than $2,000,000, the Secretary shall increase
11 the reservation described in this subsection to 5 per-
12 cent of the amount appropriated under section 210(a)
13 for the fiscal year for the purpose described in the
14 preceding sentence.’’;
15 (2) in subsection (b)(1)(A), by striking
16 ‘‘$175,000’’ and inserting ‘‘$200,000’’; and
17 (3) by adding at the end the following:
18 ‘‘(d) LIMITATION.—For any fiscal year for which the
19 amount allotted to a State under subsection (b) exceeds the
20 amount allotted to the State under such subsection for fiscal
21 year 2019, the State’s lead entity may use not more than
22 10 percent of such excess amount for administrative ex-
23 penses.’’.
•HR 925 EAH
480
1 SEC. 124. APPLICATION.
2 Section 204 of the Child Abuse Prevention and Treat-
3 ment Act (42 U.S.C. 5116d) is amended to read as follows:
4 ‘‘SEC. 204. APPLICATION.
5 ‘‘A grant may not be made to a State under this title
6 unless an application therefore is submitted by the lead en-
7 tity to the Secretary and such application contains the
8 types of information specified by the Secretary as essential
9 to carrying out the provisions of section 202, including—
10 ‘‘(1) a description of the lead entity that will be
11 responsible for the administration of funds provided
12 under this title and the oversight of community-based
13 family strengthening services designed to prevent
14 child abuse and neglect that receive assistance from
15 the lead entity in accordance with section 205;
16 ‘‘(2) a description of how community-based fam-
17 ily strengthening services designed to prevent child
18 abuse and neglect supported by the lead entity will
19 operate, including how local programs that receive as-
20 sistance from the lead entity and public agencies and
21 private entities that promote child, parent, family,
22 and community well-being will be integrated into a
23 developing continuum of family centered, holistic,
24 preventive services for children and families;
25 ‘‘(3) a description of the inventory of current
26 unmet need and current community-based family
•HR 925 EAH
481
1 strengthening services designed to prevent child abuse
2 and neglect, and other family resource services oper-
3 ating in the State, including a description of how the
4 lead entity plans to address unmet need in under-
5 served areas;
6 ‘‘(4) a budget for the development, operation,
7 and expansion of the community-based family
8 strengthening services designed to prevent child abuse
9 and neglect that verifies that the State will expend in
10 non-Federal funds an amount equal to not less than
11 20 percent of the amount received under this title (in
12 cash, not in-kind) for activities under this title;
13 ‘‘(5) an assurance that funds received under this
14 title will supplement, not supplant, other State and
15 local public funds designated for the start-up, mainte-
16 nance, expansion, and redesign of community-based
17 family strengthening services designed to prevent
18 child abuse and neglect;
19 ‘‘(6) a description of the lead entity’s capacity
20 and commitment to ensure the continued leadership of
21 parents who are or have been consumers of preventive
22 supports, including parents of diverse populations
23 with demonstrated need, family advocates, and adult
24 former victims of child abuse or neglect, in the plan-
25 ning, implementation, and evaluation of the pro-
•HR 925 EAH
482
1 grams and policy decisions of the lead entity in ac-
2 complishing the desired outcomes for such efforts;
3 ‘‘(7) a description of the criteria that the lead
4 entity will use to identify communities in which to
5 provide services, and select and fund local programs
6 in accordance with section 205, including how the
7 lead entity will take into consideration the local pro-
8 gram’s ability to—
9 ‘‘(A) collaborate with other community-
10 based organizations and service providers and
11 engage in long-term and strategic planning to
12 support the development of a continuum of pre-
13 ventive services that strengthen families;
14 ‘‘(B) meaningfully partner with parents in
15 the development, implementation, and evaluation
16 of services;
17 ‘‘(C) reduce barriers to access to commu-
18 nity-based family strengthening services designed
19 to prevent child abuse and neglect, including for
20 diverse populations with demonstrated need; and
21 ‘‘(D) incorporate evidence-based or evidence-
22 informed practices, to the extent practicable;
23 ‘‘(8) a description of outreach activities that the
24 lead entity and local programs will undertake to
25 maximize the participation of low-income families,
•HR 925 EAH
483
1 racial and ethnic minorities, children and adults
2 with disabilities, sexual and gender minority youth,
3 victims of domestic violence, homeless families and
4 those at risk of homelessness, families experiencing
5 complex needs, and members of other underserved or
6 underrepresented groups;
7 ‘‘(9) a plan for providing operational support,
8 training, and technical assistance to local programs,
9 which may include coordination with public agencies
10 and private entities that promote child, parent, and
11 family well-being to support increased access to a
12 continuum of preventive services that strengthen and
13 support families to prevent child abuse and neglect;
14 ‘‘(10) a description of how the performance of the
15 lead entity and local programs will be measured in
16 accordance with section 206;
17 ‘‘(11) a description of the actions that the lead
18 entity will take to inform systemic changes in State
19 policies, practices, procedures, and regulations to im-
20 prove the delivery of community-based family
21 strengthening services designed to prevent child abuse
22 and neglect, including improved access for diverse
23 populations with demonstrated need; and
24 ‘‘(12) an assurance that the lead entity will pro-
25 vide the Secretary with reports at such time and con-
•HR 925 EAH
484
1 taining such information as the Secretary may re-
2 quire.’’.
3 SEC. 125. LOCAL PROGRAM REQUIREMENTS.
4 Section 205 of the Child Abuse Prevention and Treat-
5 ment Act (42 U.S.C. 5116e) is amended to read as follows:
6 ‘‘SEC. 205. LOCAL PROGRAM REQUIREMENTS.
7 ‘‘(a) IN GENERAL.—Grants or contracts made by the
8 lead entity under this title shall be used to develop, imple-
9 ment, operate, expand, and enhance community-based fam-
10 ily strengthening services through a continuum of preven-
11 tive services to strengthen families and prevent child abuse
12 and neglect in a manner that—
13 ‘‘(1) helps families build protective factors that
14 are linked to the prevention of child abuse and neglect
15 to support child and family well-being, including
16 knowledge of parenting and child development, paren-
17 tal resilience, social connections, time-limited and
18 need-based concrete support, and social and emotional
19 development of children;
20 ‘‘(2) takes into consideration the assets and needs
21 of communities in which they are located; and
22 ‘‘(3) promotes coordination between local pro-
23 grams and public agencies and private entities that
24 promote child, parent, and family well-being.
•HR 925 EAH
485
1 ‘‘(b) LOCAL USES OF FUNDS.—Grant funds from the
2 lead entity shall be used to develop, implement, operate, ex-
3 pand, and enhance community-based family strengthening
4 services designed to prevent child abuse and neglect, which
5 may include the following:
6 ‘‘(1) assessing community assets and needs
7 through a planning process that—
8 ‘‘(A) involves other community-based orga-
9 nizations or agencies that have already per-
10 formed a needs-assessment, where possible;
11 ‘‘(B) includes the meaningful involvement of
12 parents; and
13 ‘‘(C) uses information and expertise from
14 local public agencies, local nonprofit organiza-
15 tions, and private sector representatives in
16 meaningful roles;
17 ‘‘(2) developing a comprehensive strategy to pro-
18 vide a continuum of preventive, family-centered serv-
19 ices to children and families that strengthen and sup-
20 port families to prevent child abuse and neglect, espe-
21 cially to young parents, to parents with young chil-
22 dren, to families in hard-to-reach areas, and to par-
23 ents who are adult former victims of domestic violence
24 or child abuse or neglect, through public-private part-
25 nerships;
•HR 925 EAH
486
1 ‘‘(3)(A) providing for core child abuse and ne-
2 glect prevention services, which may be provided di-
3 rectly by the local recipient of the grant funds or
4 through grants or agreements with other local agen-
5 cies, such as—
6 ‘‘(i) parenting support and education
7 programs, including services that help par-
8 ents and other caregivers support children’s
9 development;
10 ‘‘(ii) mutual support and self help pro-
11 grams for parents and children;
12 ‘‘(iii) parent leadership skills develop-
13 ment programs that support parents as
14 leaders in their families and communities;
15 ‘‘(ii) respite care services;
16 ‘‘(iii) outreach and follow-up services,
17 which may include voluntary home visiting
18 services; and
19 ‘‘(iv) community and social service re-
20 ferrals; and
21 ‘‘(B) connecting individuals and families to
22 additional services, including—
23 ‘‘(i) referral to and counseling for
24 adoption services for individuals interested
•HR 925 EAH
487
1 in adopting a child or relinquishing their
2 child for adoption;
3 ‘‘(ii) child care, early childhood care
4 and education, such as Head Start and
5 Early Head Start under the Head Start
6 Act (42 U.S.C. 9831 et seq.), and early
7 intervention services, including early inter-
8 vention services for infants and toddlers
9 with disabilities eligible for such services as
10 defined in section 632 of the Individuals
11 with Disabilities Education Act (20 U.S.C.
12 1432);
13 ‘‘(iii) referral to services and supports
14 to meet the additional needs of families
15 with children with disabilities and parents
16 who are individuals with disabilities;
17 ‘‘(iv) nutrition programs, which may
18 include the special supplemental nutrition
19 programs for women, infants, and children
20 established by section 17 of the Child Nutri-
21 tion Act of 1966 (42 U.S.C. 1786) and the
22 supplemental nutrition assistance program
23 under the Food and Nutrition Act of 2008
24 (7 U.S.C. 2011 et seq.);
•HR 925 EAH
488
1 ‘‘(v) referral to educational services
2 and workforce development activities, such
3 as activities described in section 134 of the
4 Workforce Innovation and Opportunity Act
5 (29 U.S.C. 3174), adult education, includ-
6 ing literacy and academic tutoring, and ac-
7 tivities as described in section 203 of the
8 Workforce Innovation and Opportunity Act
9 (29 U.S.C. 3272);
10 ‘‘(vi) self-sufficiency and life manage-
11 ment skills training;
12 ‘‘(vii) community referral services, in-
13 cluding early developmental screening of
14 children and mental health services;
15 ‘‘(viii) peer counseling; and
16 ‘‘(ix) domestic violence service pro-
17 grams that provide services and treatment
18 to children and their non-abusing care-
19 givers;
20 ‘‘(4) developing and maintaining leadership
21 roles for the meaningful involvement of parents in the
22 development, operation, evaluation, and oversight of
23 the programs and services, including to promote ac-
24 cess to such programs and services in spaces familiar
25 to families;
•HR 925 EAH
489
1 ‘‘(5) providing leadership in mobilizing local
2 public and private resources to support the provision
3 of needed child abuse and neglect prevention program
4 services; and
5 ‘‘(6) coordinating with public agencies and pri-
6 vate entities that promote child, parent, and family
7 well-being, including through the development of State
8 and local networks of programs and activities to de-
9 velop a continuum of preventive services to strengthen
10 families and to prevent child abuse and neglect, where
11 appropriate.
12 ‘‘(b) PRIORITY.—In awarding local grants under this
13 title, a lead entity shall give priority to effective local pro-
14 grams serving low-income communities and those serving
15 young parents or parents with young children, including
16 community-based child abuse and neglect prevention pro-
17 grams.’’.
18 SEC. 126. PERFORMANCE MEASURES.
19 Section 206 of the Child Abuse Prevention and Treat-
20 ment Act (42 U.S.C. 5116f) is amended to read as follows:
21 ‘‘SEC. 206. PERFORMANCE MEASURES.
22 ‘‘A State receiving a grant under this title, through
23 reports provided to the Secretary—
24 ‘‘(1) shall demonstrate the effective development,
25 operation, and expansion of community-based family
•HR 925 EAH
490
1 strengthening services designed to prevent child abuse
2 and neglect that meets the requirements of this title;
3 ‘‘(2) shall supply an inventory and description
4 of the services provided to families by local programs
5 that meet identified community needs, including core
6 and additional services as described in section 205,
7 which description shall specify whether those services
8 are evidence-based or evidence-informed, and which
9 may include a description of barriers and challenges,
10 if any, to implementing evidence-based or evidence-in-
11 formed services;
12 ‘‘(3) shall demonstrate that the lead entity ad-
13 dressed unmet need identified by the inventory and
14 description of current services required under section
15 204(3) including, to the extent practicable, how the
16 lead entity utilized a statewide strategy to address
17 such unmet need;
18 ‘‘(4) shall describe the number of families served,
19 including families with children with disabilities, and
20 parents with disabilities, and demonstrate the in-
21 volvement of a diverse representation of families in
22 the design, operation, and evaluation of community-
23 based family strengthening services designed to pre-
24 vent child abuse and neglect, and in the design, oper-
•HR 925 EAH
491
1 ation and evaluation of the networks of such commu-
2 nity-based and prevention-focused programs;
3 ‘‘(5) shall demonstrate a high level of satisfaction
4 among families who have participated in the commu-
5 nity-based family strengthening services designed to
6 prevent child abuse and neglect;
7 ‘‘(6) shall demonstrate the establishment or
8 maintenance of innovative funding mechanisms, at
9 the State or local level, that blend Federal, State,
10 local, and private funds, and innovative, inter-
11 disciplinary service delivery mechanisms, for the de-
12 velopment, operation, expansion, and enhancement of
13 the community-based family strengthening services
14 designed to prevent child abuse and neglect;
15 ‘‘(7) shall describe the results of evaluation, or
16 the outcomes of monitoring, conducted under the State
17 program to demonstrate the effectiveness of activities
18 conducted under this title in meeting the purposes of
19 the program, including the number of local programs
20 funded and the number of such programs that collabo-
21 rate with outside entities; and
22 ‘‘(8) shall demonstrate an implementation plan
23 to ensure the continued leadership of parents in the
24 on-going planning, implementation, and evaluation
•HR 925 EAH
492
1 of such community-based family strengthening serv-
2 ices designed to prevent child abuse and neglect.’’.
3 SEC. 127. NATIONAL NETWORK FOR COMMUNITY-BASED
4 FAMILY RESOURCE PROGRAMS.
5 Section 207 of the Child Abuse Prevention and Treat-
6 ment Act (42 U.S.C. 5116g) is amended—
7 (1) in the matter preceding paragraph (1), by
8 striking ‘‘such sums as may be necessary’’ and insert-
9 ing ‘‘not more than 5 percent’’; and
10 (2) in paragraph (3), by striking ‘‘community-
11 based and prevention-focused programs and activities
12 designed to strengthen and support families’’ and in-
13 serting ‘‘community-based family strengthening serv-
14 ices designed’’.
15 SEC. 128. DEFINITIONS.
16 Section 208 of the Child Abuse Prevention and Treat-
17 ment Act (42 U.S.C. 5116h) is amended—
18 (1) by redesignating paragraphs (1) and (2) as
19 paragraphs (2) and (1), respectively, and transferring
20 paragraph (1) as redesignated to appear before para-
21 graph (2) as redesignated; and
22 (2) by striking paragraph (1) (as so redesig-
23 nated) and inserting the following:
24 ‘‘(1) COMMUNITY-BASED FAMILY STRENGTH-
25 ENING SERVICES.—The term ‘community-based fam-
•HR 925 EAH
493
1 ily strengthening services’ includes family resource
2 programs, family support programs, voluntary home
3 visiting programs, respite care services, parenting
4 education, mutual support programs for parents and
5 children, parent partner programs, and other commu-
6 nity programs or networks of such programs that pro-
7 vide activities that are designed to prevent child abuse
8 and neglect.’’.
9 SEC. 129. RULE OF CONSTRUCTION.
10 (a) IN GENERAL.—Title II of the Child Abuse Preven-
11 tion and Treatment Act (42 U.S.C. 5116 et seq.) is amend-
12 ed—
13 (1) by redesignating section 209 as section 210;
14 and
15 (2) by inserting after section 208 the following:
16 ‘‘SEC. 209. RULE OF CONSTRUCTION.
17 ‘‘Nothing in this title shall be construed to prohibit
18 grandparents, kinship care providers, foster parents, or
19 adoptive parents from receiving or participating in services
20 and programs under this title.’’.
21 (b) CONFORMING AMENDMENT.—The table of contents
22 in section 1(b) of the Child Abuse Prevention and Treat-
23 ment Act is amended by striking the item relating to section
24 209 and inserting the following:
‘‘Sec. 209. Rule of construction.
‘‘Sec. 210. Authorization of appropriations.’’.
•HR 925 EAH
494
1 SEC. 130. AUTHORIZATION OF APPROPRIATIONS.
2 Section 210 of the Child Abuse Prevention and Treat-
3 ment Act, as redesignated by section 129 of this title, is
4 amended—
5 (1) by striking ‘‘There are’’ and inserting the fol-
6 lowing:
7 ‘‘(a) IN GENERAL.—There are’’;
8 (2) by striking ‘‘to carry out’’ through ‘‘fiscal
9 year 2010’’ and inserting ‘‘to carry out this title
10 $270,000,000 for fiscal year 2021’’;
11 (3) by striking ‘‘2011 through 2015’’ and insert-
12 ing ‘‘2022 through 2026’’; and
13 (4) by adding at the end the following:
14 ‘‘(b) TREATMENT OF NON-FEDERAL FUNDS IN CER-
15 TAIN FISCAL YEARS.—For any fiscal year for which the
16 amount appropriated under subsection (a) exceeds the
17 amount appropriated under such subsection for fiscal year
18 2019, the Secretary shall consider non-Federal funds and
19 in-kind contributions as part of the State contribution for
20 the activities specified in section 204(4).’’.
21 SEC. 131. STUDY AND REPORT.
22 (a) STUDY RELATING TO NEW PREVENTION PRO-
23 GRAMS.—
24 (1) IN GENERAL.—The Comptroller General of
25 the United States shall complete a study, using data
26 reported by States to the Secretary of Health and
•HR 925 EAH
495
1 Human Services under section 206 of the Child Abuse
2 Prevention and Treatment Act (42 U.S.C. 5116f), as
3 amended by this title—
4 (A) to determine how many families and
5 children in the first 3 years after the date of the
6 enactment of this Act are served annually
7 through programs funded under title II of the
8 Child Abuse Prevention and Treatment Act (42
9 U.S.C. 5116 et seq.); and
10 (B) to compare the number of such families
11 and children served annually in the first 3 years
12 after the date of the enactment of this Act to the
13 number of such families and children served in
14 fiscal year 2020.
15 (2) CONTENTS.—The study required under para-
16 graph (1) shall include the following for each of the
17 first 3 years after the date of the enactment of this
18 Act:
19 (A) An examination of how many families
20 received evidence-based programming under title
21 II of the Child Abuse Prevention and Treatment
22 Act (42 U.S.C. 5116 et seq.).
23 (B) An examination of the extent to which
24 local programs conduct evaluations using funds
•HR 925 EAH
496
1 provided under such title and the findings of
2 such evaluations.
3 (C) An examination of whether findings of
4 effectiveness in evaluation studies vary by urban,
5 suburban, or rural community type.
6 (D) An examination of whether programs
7 partnering with other entities are more effective
8 than those that do not partner with other enti-
9 ties.
10 (E) An examination of barriers to imple-
11 ment evidence-based programming or to conduct
12 evaluations in instances where such activities do
13 not occur.
14 (b) REPORT.—Not later than 4 years after the date
15 of the enactment of this Act, the Comptroller General of the
16 United States shall submit to the Committee on Health,
17 Education, Labor, and Pensions of the Senate and the Com-
18 mittee on Education and Labor of the House of Representa-
19 tives a report that contains the results of the study con-
20 ducted under paragraph (1).
21 Subtitle C—Adoption Opportunities
22 SEC. 141. PURPOSE.
23 Section 201 of the Child Abuse Prevention and Treat-
24 ment and Adoption Reform Act of 1978 (42 U.S.C. 5111)
25 is amended—
•HR 925 EAH
497
1 (1) in the section heading, by striking ‘‘CON-
2 GRESSIONAL FINDINGS AND DECLARATION OF
3 PURPOSE’’ and inserting ‘‘PURPOSE’’;
4 (2) by striking subsection (a); and
5 (3) in subsection (b)—
6 (A) by striking ‘‘(b) PURPOSE.—’’;
7 (B) in the matter preceding paragraph (1),
8 by inserting ‘‘sexual and gender minority youth’’
9 after ‘‘particularly older children, minority chil-
10 dren,’’; and
11 (C) in paragraph (1), by inserting ‘‘services
12 and,’’ after ‘‘post-legal adoption’’.
13 SEC. 142. REPORT AND GUIDANCE ON UNREGULATED CUS-
14 TODY TRANSFERS.
15 The Child Abuse Prevention and Treatment and Adop-
16 tion Reform Act of 1978 (42 U.S.C. 5111 et seq.) is amended
17 by inserting after section 201 the following:
18 ‘‘SEC. 202. REPORT AND GUIDANCE ON UNREGULATED CUS-
19 TODY TRANSFERS.
20 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress
21 that:
22 ‘‘(1) Some adopted children may be at risk of ex-
23 periencing an unregulated custody transfer because
24 the challenges associated with adoptions (including
25 the child’s mental health needs and the difficulties
•HR 925 EAH
498
1 many families face in acquiring support services)
2 may lead families to seek out unregulated custody
3 transfers.
4 ‘‘(2) Some adopted children experience trauma,
5 and the disruption and placement in another home by
6 unregulated custody transfer creates additional trau-
7 ma and instability for children.
8 ‘‘(3) Children who experience an unregulated
9 custody transfer may be placed with families who
10 have not completed required child welfare or criminal
11 background checks or clearances.
12 ‘‘(4) Social services agencies and courts are often
13 unaware of the placement of children through unregu-
14 lated custody transfer and therefore do not conduct
15 assessments on the child’s safety and well-being in
16 such placements.
17 ‘‘(5) Such lack of placement oversight places a
18 child at risk for future abuse and increases the chance
19 that the child may experience—
20 ‘‘(A) abuse or neglect;
21 ‘‘(B) contact with unsafe adults or youth;
22 and
23 ‘‘(C) exposure to unsafe or isolated environ-
24 ments.
•HR 925 EAH
499
1 ‘‘(6) The caregivers with whom a child is placed
2 through unregulated custody transfer often have no
3 legal responsibility with respect to such child, placing
4 the child at risk for additional unregulated custody
5 transfers.
6 ‘‘(7) Such caregivers also may not have complete
7 records with respect to such child, including the
8 child’s birth, medical, or immigration records.
9 ‘‘(8) A child adopted through intercountry adop-
10 tion may be at risk of not acquiring United States
11 citizenship if an unregulated custody transfer occurs
12 before the adoptive parents complete all necessary
13 steps to finalize the adoption of such child.
14 ‘‘(9) Engaging in, or offering to engage in, un-
15 regulated custody transfer places children at risk of
16 harm.
17 ‘‘(b) REPORT TO CONGRESS.—
18 ‘‘(1) IN GENERAL.—Not later than 1 year after
19 the date of the enactment of this section, the Secretary
20 of Health and Human Services shall provide to the
21 Committee on Education and Labor of the House of
22 Representatives, the Committee on Ways and Means
23 of the House of Representatives, the Committee on Fi-
24 nance of the Senate, and the Committee on Health,
25 Education, Labor and Pensions of the Senate a report
•HR 925 EAH
500
1 on unregulated custody transfers of children, includ-
2 ing of adopted children.
3 ‘‘(2) ELEMENTS.—The report required under
4 paragraph (1) shall include—
5 ‘‘(A) the causes, methods, and characteris-
6 tics of unregulated custody transfers, including
7 the use of social media and the internet;
8 ‘‘(B) the effects of unregulated custody
9 transfers on children, including the lack of as-
10 sessment of a child’s safety and well-being by so-
11 cial services agencies and courts due to such un-
12 regulated custody transfer;
13 ‘‘(C) the prevalence of unregulated custody
14 transfers within each State and across all States;
15 and
16 ‘‘(D) recommended policies for preventing,
17 identifying, and responding to unregulated cus-
18 tody transfers, including of adopted children,
19 that include—
20 ‘‘(i) amendments to Federal and State
21 law to address unregulated custody trans-
22 fers;
23 ‘‘(ii) amendments to child protection
24 practices to address unregulated custody
25 transfers; and
•HR 925 EAH
501
1 ‘‘(iii) methods of providing the public
2 information regarding adoption and child
3 protection.
4 ‘‘(c) GUIDANCE TO STATES.—
5 ‘‘(1) IN GENERAL.—Not later than 180 days
6 after the date specified in subsection (b)(1), the Sec-
7 retary shall issue guidance and technical assistance to
8 States related to preventing, identifying, and respond-
9 ing to unregulated custody transfers, including of
10 adopted children.
11 ‘‘(2) ELEMENTS.—The guidance required under
12 paragraph (1) shall include—
13 ‘‘(A) education materials related to pre-
14 venting, identifying, and responding to unregu-
15 lated custody transfers for employees of State,
16 local, and Tribal agencies that provide child wel-
17 fare services;
18 ‘‘(B) guidance on appropriate pre-adoption
19 education and post-adoption services for domes-
20 tic and international adoptive families to pro-
21 mote child permanency; and
22 ‘‘(C) the assistance available through the
23 National Resource Center for Special Needs
24 Adoption under section 203(b)(9).
25 ‘‘(d) DEFINITIONS.—In this section:
•HR 925 EAH
502
1 ‘‘(1) STATE.—The term ‘State’ means each of the
2 several States, the District of Columbia, and any
3 commonwealth, territory, or possession of the United
4 States.
5 ‘‘(2) UNREGULATED CUSTODY TRANSFER.—The
6 term ‘unregulated custody transfer’ means the aban-
7 donment of a child, by the child’s parent, legal guard-
8 ian, or a person or entity acting on behalf, and with
9 the consent, of such parent or guardian—
10 ‘‘(A) by placing a child with a person who
11 is not—
12 ‘‘(i) the child’s parent, step–parent,
13 grandparent, adult sibling, legal guardian,
14 or other adult relative;
15 ‘‘(ii) a friend of the family who is an
16 adult and with whom the child is familiar;
17 or
18 ‘‘(iii) a member of the Federally recog-
19 nized Indian tribe of which the child is also
20 a member;
21 ‘‘(B) with the intent of severing the rela-
22 tionship between the child and the parent or
23 guardian of such child; and
24 ‘‘(C) without—
•HR 925 EAH
503
1 ‘‘(i) reasonably ensuring the safety of
2 the child and permanency of the placement
3 of the child, including by conducting an of-
4 ficial home study, background check, and
5 supervision; and
6 ‘‘(ii) transferring the legal rights and
7 responsibilities of parenthood or guardian-
8 ship under applicable Federal and State
9 law to a person described in subparagraph
10 (A).’’.
11 SEC. 143. INFORMATION AND SERVICES.
12 (a) NATIONAL RESOURCE CENTER FOR SPECIAL
13 NEEDS ADOPTION.—Section 203(b)(9) of the Child Abuse
14 Prevention and Treatment and Adoption Reform Act of
15 1978 (42 U.S.C. 5113(b)(9)) is amended by inserting ‘‘not
16 later than 2 years after the date of the enactment of the
17 Human Services and Community Supports Act, establish
18 and’’ before ‘‘maintain’’.
19 (b) PLACEMENT WITH ADOPTIVE FAMILIES.—Section
20 203(b)(11)(C) of the Child Abuse Prevention and Treatment
21 and Adoption Reform Act of 1978 (42 U.S.C.
22 5113(b)(11)(C)) is amended by striking ‘‘such children’’
23 and inserting ‘‘the children and youth described in the mat-
24 ter preceding paragraph (1) of section 201’’.
•HR 925 EAH
504
1 (c) PRE-ADOPTION SERVICES.—Section 203(c)(1) of
2 the Child Abuse Prevention and Treatment and Adoption
3 Reform Act of 1978 (42 U.S.C. 5113(c)(1)) is amended by
4 striking ‘‘post’’ and inserting ‘‘pre- and post-’’.
5 (d) SERVICES.—Section 203(c)(2) of the Child Abuse
6 Prevention and Treatment and Adoption Reform Act of
7 1978 (42 U.S.C. 5113(c)(2)) is amended by inserting ‘‘and
8 the development of such services,’’ after ‘‘not supplant, serv-
9 ices’’.
10 (e) ELIMINATION OF BARRIERS TO ADOPTION ACROSS
11 JURISDICTIONAL BOUNDARIES.—Section 203(e)(1) of the
12 Child Abuse Prevention and Treatment and Adoption Re-
13 form Act of 1978 (42 U.S.C. 5113(e)(1)) is amended—
14 (1) by striking ‘‘with, States,’’ and inserting
15 ‘‘with States, Indian Tribes,’’; and
16 (2) by inserting ‘‘, including through the use of
17 web-based tools such as the electronic interstate case-
18 processing system referred to in section 437(g) of the
19 Social Security Act (42 U.S.C. 629g(g))’’ before the
20 period at the end.
21 SEC. 144. STUDY AND REPORT ON SUCCESSFUL ADOP-
22 TIONS.
23 Section 204 of the Child Abuse Prevention and Treat-
24 ment and Adoption Reform Act of 1978 (42 U.S.C. 5114)
25 is amended to read as follows:
•HR 925 EAH
505
1 ‘‘SEC. 204. STUDY AND REPORT ON SUCCESSFUL ADOP-
2 TIONS.
3 ‘‘(a) STUDY.—The Secretary shall conduct a study (di-
4 rectly or by grant to, or contract with, public or private
5 nonprofit research agencies or organizations) on adoption
6 outcomes and the factors (including parental substance use
7 disorder) affecting those outcomes.
8 ‘‘(b) REPORT.—Not later than the date that is 36
9 months after the date of the enactment of the Human Serv-
10 ices and Community Supports Act the Secretary shall sub-
11 mit a report to Congress that includes the results of the
12 study required under subsection (a).’’.
13 SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
14 Section 205(a) of the Child Abuse Prevention and
15 Treatment and Adoption Reform Act of 1978 (42 U.S.C.
16 5115(a)) is amended—
17 (1) by striking ‘‘fiscal year 2010’’ and inserting
18 ‘‘fiscal year 2021’’; and
19 (2) by striking ‘‘fiscal years 2011 through 2015’’
20 and inserting ‘‘fiscal years 2022 through 2026’’.
21 Subtitle D—Amendments to Other
22 Laws
23 SEC. 151. TECHNICAL AND CONFORMING AMENDMENTS TO
24 OTHER LAWS.
25 (a) HEAD START ACT.—Section 658E(c)(2)(L) of the
26 Head Start Act (42 U.S.C. 9858c(c)(2)(L)) is amended by
•HR 925 EAH
506
1 striking ‘‘will comply with the child abuse reporting re-
2 quirements of section 106(b)(2)(B)(i) of the Child Abuse
3 Prevention and Treatment Act (42 U.S.C.
4 5106a(b)(2)(B)(i))’’ and inserting ‘‘will comply with the
5 child abuse reporting requirements of section
6 106(b)(2)(A)(i) of the Child Abuse Prevention and Treat-
7 ment Act (42 U.S.C. 5106a(b)(2)(A)(i))’’.
8 (b) VICTIMS OF CRIME ACT OF 1984.—Section 1404A
9 of the Victims of Crime Act of 1984 (34 U.S.C. 20104) is
10 amended by striking ‘‘section 109’’ and inserting ‘‘section
11 107’’.
12 TITLE II—CHILD NUTRITION
13 AND THE SPECIAL SUPPLE-
14 MENTAL NUTRITION PRO-
15 GRAM FOR WOMEN, INFANTS,
16 AND CHILDREN
17 SEC. 201. EMERGENCY COSTS FOR CHILD NUTRITION PRO-
18 GRAMS DURING COVID–19 PANDEMIC.
19 (a) USE OF CERTAIN APPROPRIATIONS TO COVER
20 EMERGENCY OPERATIONAL COSTS UNDER SCHOOL MEAL
21 PROGRAMS.—
22 (1) IN GENERAL.—
23 (A) REQUIRED ALLOTMENTS.—Notwith-
24 standing any other provision of law, the Sec-
25 retary shall allocate to each State that partici-
•HR 925 EAH
507
1 pates in the reimbursement program under para-
2 graph (3) such amounts as may be necessary to
3 carry out reimbursements under such paragraph
4 for each reimbursement month, including, subject
5 to paragraph (4)(B), administrative expenses
6 necessary to make such reimbursements.
7 (B) GUIDANCE WITH RESPECT TO PRO-
8 GRAM.—Not later than 10 days after the date of
9 the enactment of this section, the Secretary shall
10 issue guidance with respect to the reimbursement
11 program under paragraph (3).
12 (2) REIMBURSEMENT PROGRAM APPLICATION.—
13 To participate in the reimbursement program under
14 paragraph (3), not later than 30 days after the date
15 described in paragraph (1), a State shall submit an
16 application to the Secretary that includes a plan to
17 calculate and disburse reimbursements under the re-
18 imbursement program under paragraph (3).
19 (3) REIMBURSEMENT PROGRAM.—Using the
20 amounts allocated under paragraph (1)(A), a State
21 participating in the reimbursement program under
22 this paragraph shall make reimbursements for emer-
23 gency operational costs for each reimbursement month
24 as follows:
•HR 925 EAH
508
1 (A) For each new school food authority in
2 the State for the reimbursement month, an
3 amount equal to 55 percent of the amount equal
4 to—
5 (i) the average monthly amount such
6 new school food authority was reimbursed
7 under the reimbursement sections for meals
8 and supplements served by such new school
9 food authority during the alternate period;
10 minus
11 (ii) the amount such new school food
12 authority was reimbursed under the reim-
13 bursement sections for meals and supple-
14 ments served by such new school food au-
15 thority during such reimbursement month.
16 (B) For each school food authority not de-
17 scribed in subparagraph (A) in the State for the
18 reimbursement month, an amount equal to 55
19 percent of—
20 (i) the amount such school food author-
21 ity was reimbursed under the reimburse-
22 ment sections for meals and supplements
23 served by such school food authority for the
24 month beginning one year before such reim-
25 bursement month; minus
•HR 925 EAH
509
1 (ii) the amount such school food au-
2 thority was reimbursed under the reim-
3 bursement sections for meals and supple-
4 ments served by such school food authority
5 during such reimbursement month.
6 (4) TREATMENT OF FUNDS.—
7 (A) AVAILABILITY.—Funds allocated to a
8 State under paragraph (1)(A) shall remain
9 available until June 30, 2021.
10 (B) ADMINISTRATIVE EXPENSES.—A State
11 may reserve not more than 1 percent of the funds
12 allocated under paragraph (1)(A) for adminis-
13 trative expenses to carry out this subsection.
14 (C) UNEXPENDED BALANCE.—On December
15 31, 2021, any amounts allocated to a State
16 under paragraph (1)(A) or reimbursed to a
17 school food authority or new school food author-
18 ity under paragraph (3) that are unexpended by
19 such State, school food authority, or new school
20 food authority shall revert to the Secretary.
21 (5) REPORTS.—Each State that carries out a re-
22 imbursement program under paragraph (3) shall, not
23 later than December 31, 2021, submit a report to the
24 Secretary that includes a summary of the use of such
•HR 925 EAH
510
1 funds by the State and each school food authority and
2 new school food authority in such State.
3 (b) USE OF CERTAIN APPROPRIATIONS TO COVER
4 CHILD AND ADULT CARE FOOD PROGRAM CHILD CARE
5 OPERATIONAL EMERGENCY COSTS DURING COVID–19
6 PANDEMIC.—
7 (1) IN GENERAL.—
8 (A) REQUIRED ALLOTMENTS.—Notwith-
9 standing any other provision of law, the Sec-
10 retary shall allocate to each State that partici-
11 pates in the reimbursement program under para-
12 graph (3) such amounts as may be necessary to
13 carry out reimbursements under such paragraph
14 for each reimbursement month, including, subject
15 to paragraph (4)(C), administrative expenses
16 necessary to make such reimbursements.
17 (B) GUIDANCE WITH RESPECT TO PRO-
18 GRAM.—Not later than 10 days after the date of
19 the enactment of this section, the Secretary shall
20 issue guidance with respect to the reimbursement
21 program under paragraph (3).
22 (2) REIMBURSEMENT PROGRAM APPLICATION.—
23 To participate in the reimbursement program under
24 paragraph (3), not later than 30 days after the date
25 described in paragraph (1), a State shall submit an
•HR 925 EAH
511
1 application to the Secretary that includes a plan to
2 calculate and disburse reimbursements under the re-
3 imbursement program under paragraph (3).
4 (3) REIMBURSEMENT AMOUNT.—Using the
5 amounts allocated under paragraph (1)(A), a State
6 participating in the reimbursement program under
7 this paragraph shall make reimbursements for child
8 care operational emergency costs for each reimburse-
9 ment month as follows:
10 (A) For each new covered institution in the
11 State for the reimbursement month, an amount
12 equal to 55 percent of—
13 (i) the average monthly amount such
14 covered institution was reimbursed under
15 subsection (c) and subsection (f) of section
16 17 of the Richard B. Russell National
17 School Lunch Act (42 U.S.C. 1766) for
18 meals and supplements served by such new
19 covered institution during the alternate pe-
20 riod; minus
21 (ii) the amount such covered institu-
22 tion was reimbursed under such section for
23 meals and supplements served by such new
24 covered institution during such reimburse-
25 ment month.
•HR 925 EAH
512
1 (B) For each covered institution not de-
2 scribed in subparagraph (A) in the State for the
3 reimbursement month, an amount equal to 55
4 percent of—
5 (i) the amount such covered institution
6 was reimbursed under subsection (c) and
7 subsection (f) of section 17 of the Richard
8 B. Russell National School Lunch Act (42
9 U.S.C. 1766) for meals and supplements
10 served by such covered institution during
11 the month beginning one year before such
12 reimbursement month; minus
13 (ii) the amount such covered institu-
14 tion was reimbursed under such section for
15 meals and supplements served by such cov-
16 ered institution during such reimbursement
17 month.
18 (C) For each new sponsoring organization
19 of a family or group day care home in the State
20 for the reimbursement month, an amount equal
21 to 55 percent of—
22 (i) the average monthly amount such
23 new sponsoring organization of a family or
24 group day care home was reimbursed under
25 section 17(f)(3)(B) of the Richard B. Russell
•HR 925 EAH
513
1 National School Lunch Act (42 U.S.C.
2 1766(f)(3)(B)) for administrative funds for
3 the alternate period; minus
4 (ii) the amount such new sponsoring
5 organization of a family or group day care
6 home was reimbursed under such section for
7 administrative funds for the reimbursement
8 month.
9 (D) For each sponsoring organization of a
10 family or group day care home not described in
11 subparagraph (C) in the State for the reimburse-
12 ment month, an amount equal to 55 percent of—
13 (i) the amount such sponsoring organi-
14 zation of a family or group day care home
15 was reimbursed under section 17(f)(3)(B) of
16 the Richard B. Russell National School
17 Lunch Act (42 U.S.C. 1766(f)(3)(B)) for ad-
18 ministrative funds for the month beginning
19 one year before such reimbursement month;
20 minus
21 (ii) the amount such sponsoring orga-
22 nization of a family or group day care
23 home was reimbursed under such section for
24 administrative funds for such reimburse-
25 ment month.
•HR 925 EAH
514
1 (4) TREATMENT OF FUNDS.—
2 (A) AVAILABILITY.—Funds allocated to a
3 State under paragraph (1)(A) shall remain
4 available until June 30, 2021.
5 (B) UNAFFILIATED CENTER.—In the case of
6 a covered institution or a new covered institu-
7 tion that is an unaffiliated center that is spon-
8 sored by a sponsoring organization and receives
9 funds for a reimbursement month under sub-
10 paragraph (A) or (B), such unaffiliated center
11 shall provide to such sponsoring organization an
12 amount of such funds as agreed to by the spon-
13 soring organization and the unaffiliated center,
14 except such amount may not be greater be than
15 15 percent of such funds.
16 (C) ADMINISTRATIVE EXPENSES.—A State
17 may reserve not more than 1 percent of the funds
18 allocated under paragraph (1)(A) for adminis-
19 trative expenses to carry out this subsection.
20 (D) UNEXPENDED BALANCE.—On December
21 31, 2021, any amounts allocated to a State
22 under paragraph (1)(A) or reimbursed to a new
23 covered institution, covered institution, new
24 sponsoring organization of a family or group
25 day care home, or sponsoring organization of a
•HR 925 EAH
515
1 family or group day care home that are unex-
2 pended by such State, new covered institution,
3 covered institution, new sponsoring organization
4 of a family or group day care home, or spon-
5 soring organization of a family or group day
6 care home, shall revert to the Secretary.
7 (5) REPORTS.—Each State that carries out a re-
8 imbursement program under paragraph (3) shall, not
9 later than December 31, 2021, submit a report to the
10 Secretary that includes a summary of the use of such
11 funds by the State and each new covered institution,
12 covered institution, new sponsoring organization of a
13 family or group day care home, or sponsoring organi-
14 zation of a family or group day care home.
15 (c) FUNDING.—There are hereby appropriated to the
16 Secretary, out of any funds in the Treasury not otherwise
17 appropriated, such sum as may be necessary to carry out
18 this section.
19 (d) DEFINITIONS.—In this section:
20 (1) ALTERNATE PERIOD.—The term ‘‘alternate
21 period’’ means the period beginning January 1, 2020
22 and ending February 29, 2020.
23 (2) EMERGENCY OPERATIONAL COSTS.—The
24 term ‘‘emergency operational costs’’ means the costs
•HR 925 EAH
516
1 incurred by a school food authority or new school food
2 authority—
3 (A) during a public health emergency;
4 (B) that are related to the ongoing oper-
5 ation, modified operation, or temporary suspen-
6 sion of operation (including administrative
7 costs) of such school food authority or new school
8 food authority; and
9 (C) except as provided under subsection (a),
10 that are not reimbursed under a Federal grant.
11 (3) CHILD CARE OPERATIONAL EMERGENCY
12 COSTS.—The term ‘‘child care operational emergency
13 costs’’ means the costs under the child and adult care
14 food program under section 17 of the Richard B. Rus-
15 sell National School Lunch Act (42 U.S.C. 1766) in-
16 curred by a new covered institution, covered institu-
17 tion, new sponsoring organization of a family or
18 group day care home, or sponsoring organization of
19 a family or group day care home—
20 (A) during a public health emergency;
21 (B) that are related to the ongoing oper-
22 ation, modified operation, or temporary suspen-
23 sion of operation (including administrative
24 costs) of such new covered institution, covered in-
25 stitution, new sponsoring organization of a fam-
•HR 925 EAH
517
1 ily or group day care home, sponsoring organi-
2 zation of a family or group day care home, or
3 sponsoring organization of an unaffiliated cen-
4 ter; and
5 (C) except as provided under subsection (b),
6 that are not reimbursed under a Federal grant.
7 (4) COVERED INSTITUTION.—The term ‘‘covered
8 institution’’ means—
9 (A) an institution (as defined in section
10 17(a)(2) of the Richard B. Russell National
11 School Lunch Act (42 U.S.C. 1766(a)(2))); and
12 (B) a family or group day care home.
13 (5) NEW COVERED INSTITUTION.—The term
14 ‘‘new covered institution’’ means a covered institution
15 for which no reimbursements were made for meals
16 and supplements under section 17(c) or (f) of the
17 Richard B. Russell National School Lunch Act (42
18 U.S.C. 1766) with respect to the previous reimburse-
19 ment period.
20 (6) NEW SCHOOL FOOD AUTHORITY.—The term
21 ‘‘new school food authority’’ means a school food au-
22 thority for which no reimbursements were made under
23 the reimbursement sections with respect to the pre-
24 vious reimbursement period.
•HR 925 EAH
518
1 (7) NEW SPONSORING ORGANIZATION OF A FAM-
2 ILY OR GROUP DAY CARE.—The term ‘‘new sponsoring
3 organization of a family or group day care’’ means
4 a sponsoring organization of a family or group day
5 care home for which no reimbursements for adminis-
6 trative funds were made under section 17(f)(3)(B) of
7 the Richard B. Russell National School Lunch Act
8 (42 U.S.C. 1766(f)(3)(B)) for the previous reimburse-
9 ment period.
10 (8) PREVIOUS REIMBURSEMENT PERIOD.—The
11 term ‘‘previous reimbursement period’’ means the pe-
12 riod beginning March 1, 2019 and ending June 30,
13 2019.
14 (9) PUBLIC HEALTH EMERGENCY.—The term
15 ‘‘public health emergency’’ means a public health
16 emergency declared pursuant to section 319 of the
17 Public Health Service Act (42 U.S.C. 247d) resulting
18 from the COVID–19 pandemic.
19 (10) REIMBURSEMENT MONTH.—The term ‘‘re-
20 imbursement month’’ means March 2020, April 2020,
21 May 2020, and June 2020.
22 (11) REIMBURSEMENT SECTIONS.—The term
23 ‘‘reimbursement sections’’ means—
24 (A) section 4(b), section 11(a)(2), section
25 13, and section 17A(c) of the Richard B. Russell
•HR 925 EAH
519
1 National School Lunch Act (42 U.S.C. 1753(b);
2 42 U.S.C. 1759a(a)(2); 42 U.S.C. 1761; 42
3 U.S.C. 1766a(c)); and
4 (B) section 4 of the Child Nutrition Act (42
5 U.S.C. 1773).
6 (12) SECRETARY.—The term ‘‘Secretary’’ means
7 the Secretary of Agriculture.
8 (13) STATE.— The term ‘‘State’’ has the mean-
9 ing given such term in section 12(d)(8) of the Richard
10 B. Russell National School Lunch Act (42 U.S.C.
11 1760(d)(8)).
12 SEC. 202. FRESH PRODUCE FOR KIDS IN NEED.
13 Section 2202(f)(1) of the Families First Coronavirus
14 Response Act (42 U.S.C. 1760 note) is amended by adding
15 at the end the following:
16 ‘‘(E) The fresh fruit and vegetable program
17 under section 19 of the Richard B. Russell Na-
18 tional School Lunch Act (42 U.S.C. 1769a).’’.
19 SEC. 203. WIC BENEFIT FLEXIBILITY DURING COVID–19.
20 (a) IN GENERAL.—
21 (1) AUTHORITY TO INCREASE AMOUNT OF CASH-
22 VALUE VOUCHER.—During the COVID–19 public
23 health emergency declared under section 319 of the
24 Public Health Service Act (42 U.S.C. 247d) and in
25 response to challenges related to such public health
•HR 925 EAH
520
1 emergency, the Secretary may increase the amount of
2 a cash-value voucher under a qualified food package
3 to an amount less than or equal to $35.
4 (2) APPLICATION OF INCREASED AMOUNT OF
5 CASH-VALUE VOUCHER TO STATE AGENCIES.—
6 (A) NOTIFICATION.—An increase to the
7 amount of a cash-value voucher under paragraph
8 (1) shall apply to any State agency that notifies
9 the Secretary of the intent to use such an in-
10 creased amount, without further application.
11 (B) USE OF INCREASED AMOUNT.—A State
12 agency that notifies the Secretary under sub-
13 paragraph (A) may use or not use the increased
14 amount described in such subparagraph during
15 the period beginning on the date of the notifica-
16 tion by the State agency under such subpara-
17 graph and ending on the date that is 120 days
18 after the date of the enactment of this section.
19 (3) APPLICATION PERIOD.—An increase to the
20 amount of a cash-value voucher under paragraph (1)
21 may only apply during the period beginning on the
22 date of the enactment of this section and ending on
23 January 31, 2021.
24 (4) SUNSET.—The authority to make an increase
25 to the amount of a cash-value voucher under para-
•HR 925 EAH
521
1 graph (1) or to use such an increased amount under
2 paragraph (2)(B) shall terminate on the date that is
3 120 days after the date of the enactment of this sec-
4 tion.
5 (b) DEFINITIONS.—
6 (1) CASH-VALUE VOUCHER.—The term ‘‘cash-
7 value voucher’’ has the meaning given the term in sec-
8 tion 246.2 of title 7, Code of Federal Regulations.
9 (2) QUALIFIED FOOD PACKAGE.—The term
10 ‘‘qualified food package’’ means the following food
11 packages under section 246.10(e) of title 7, Code of
12 Federal Regulations:
13 (A) Food Package IV–Children 1 through 4
14 years.
15 (B) Food Package V–Pregnant and par-
16 tially (mostly) breastfeeding women.
17 (C) Food Package VI–Postpartum women.
18 (D) Food Package VII–Fully breastfeeding.
19 (3) SECRETARY.—The term ‘‘Secretary’’ means
20 the Secretary of Agriculture.
21 (4) STATE AGENCY.—The term ‘‘State agency’’
22 has the meaning given the term in section 17(b) of the
23 Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
•HR 925 EAH
522
1 SEC. 204. COVID–19 WIC SAFETY AND MODERNIZATION.
2 (a) ESTABLISHMENT OF TASK FORCE.—Not later than
3 90 days after the date of the enactment of this section, the
4 Secretary shall establish a task force on supplemental foods
5 delivery in the special supplemental nutrition program (in
6 this section referred to as the ‘‘Task Force’’).
7 (b) MEMBERSHIP.—
8 (1) COMPOSITION.—The Task Force shall be com-
9 posed of at least 1 member but not more than 3 mem-
10 bers appointed by the Secretary from each of the fol-
11 lowing:
12 (A) Retailers of supplemental foods.
13 (B) Representatives of State agencies.
14 (C) Representatives of Indian State agen-
15 cies.
16 (D) Representatives of local agencies.
17 (E) Technology companies with experience
18 maintaining the special supplemental nutrition
19 program information systems and technology,
20 including management information systems or
21 electronic benefit transfer services.
22 (F) Manufacturers of supplemental foods.
23 (G) Participants in the special supple-
24 mental nutrition program from diverse locations.
•HR 925 EAH
523
1 (H) Other organizations that have experi-
2 ence with and knowledge of the special supple-
3 mental nutrition program.
4 (2) LIMITATION ON MEMBERSHIP.—The Task
5 Force shall be composed of not more than 20 members.
6 (c) DUTIES.—
7 (1) STUDY.—The Task Force shall study meas-
8 ures to streamline the redemption of supplemental
9 foods benefits that promote convenience, safety, and
10 equitable access to supplemental foods, including in-
11 fant formula, for participants in the special supple-
12 mental nutrition program, including—
13 (A) online and telephonic ordering and
14 curbside pickup of, and payment for, supple-
15 mental foods;
16 (B) online and telephonic purchasing of
17 supplemental foods;
18 (C) home delivery of supplemental foods;
19 (D) self checkout for purchases of supple-
20 mental foods; and
21 (E) other measures that limit or eliminate
22 consumer presence in a physical store.
23 (2) REPORT BY TASK FORCE.—Not later than
24 September 30, 2021, the Task Force shall submit to
25 the Secretary a report that includes—
•HR 925 EAH
524
1 (A) the results of the study required under
2 paragraph (1); and
3 (B) recommendations with respect to such
4 results.
5 (3) REPORT BY SECRETARY.—Not later than 45
6 days after receiving the report required under para-
7 graph (2), the Secretary shall—
8 (A) submit to Congress a report that in-
9 cludes—
10 (i) a plan with respect to carrying out
11 the recommendations received by the Sec-
12 retary in such report under paragraph (2);
13 and
14 (ii) an assessment of whether legisla-
15 tive changes are necessary to carry out such
16 plan; and
17 (B) notify the Task Force of the submission
18 of the report required under subparagraph (A).
19 (4) PUBLICATION.—The Secretary shall make
20 publicly available on the website of the Department of
21 Agriculture—
22 (A) the report received by the Secretary
23 under paragraph (2); and
24 (B) the report submitted by the Secretary
25 under paragraph (3)(A).
•HR 925 EAH
525
1 (d) TERMINATION.—The Task Force shall terminate on
2 the date the Secretary submits the report required under
3 paragraph (3)(A).
4 (e) NONAPPLICABILITY OF FACA.—The Federal Advi-
5 sory Committee Act (5 U.S.C. App.) shall not apply to the
6 Task Force.
7 (f) DEFINITIONS.—In this section:
8 (1) LOCAL AGENCY.—The term ‘‘local agency’’
9 has the meaning given the term in section 17(b) of the
10 Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
11 (2) SECRETARY.—The term ‘‘Secretary’’ means
12 the Secretary of Agriculture.
13 (3) SPECIAL SUPPLEMENTAL NUTRITION PRO-
14 GRAM.—The term ‘‘special supplemental nutrition
15 program’’ means the special supplemental nutrition
16 program under section 17 of the Child Nutrition Act
17 of 1966 (42 U.S.C. 1786).
18 (4) STATE AGENCY.—The term ‘‘State agency’’
19 has the meaning given the term in section 17(b) of the
20 Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
21 (5) SUPPLEMENTAL FOODS.—The term ‘‘supple-
22 mental foods’’ has the meaning given the term in sec-
23 tion 17(b) of the Child Nutrition Act of 1966 (42
24 U.S.C. 1786(b)).
•HR 925 EAH
526
1 SEC. 205. SERVING YOUTH IN THE CHILD AND ADULT CARE
2 FOOD PROGRAM AT EMERGENCY SHELTERS.
3 (a) PROGRAM FOR AT-RISK SCHOOL CHILDREN.—Be-
4 ginning on the date of the enactment of this section, not-
5 withstanding paragraph (1)(A) of section 17(r) of the Rich-
6 ard B. Russell National School Lunch Act (42 U.S.C.
7 1766(r)), during the COVID–19 public health emergency
8 declared under section 319 of the Public Health Service Act
9 (42 U.S.C. 247d), the Secretary shall reimburse institutions
10 that are emergency shelters under such section 17(r) (42
11 U.S.C. 1766(r)) for meals and supplements served to indi-
12 viduals who at the time of such service have not attained
13 the age of 25.
14 (b) PARTICIPATION BY EMERGENCY SHELTERS.—Be-
15 ginning on the date of the enactment of this section, not-
16 withstanding paragraph (5)(A) section 17(t) of the Richard
17 B. Russell National School Lunch Act (42 U.S.C. 1766(t)),
18 during the COVID–19 public health emergency declared
19 under section 319 of the Public Health Service Act (42
20 U.S.C. 247d), the Secretary shall reimburse emergency shel-
21 ters under such section 17(t) (42 U.S.C. 1766(t)) for meals
22 and supplements served to individuals who at the time of
23 such service have not attained the age of 25.
24 (c) FUNDING.—There are hereby appropriated to the
25 Secretary, out of any funds in the Treasury not otherwise
•HR 925 EAH
527
1 appropriated, such sum as may be necessary to carry out
2 this section.
3 (d) DEFINITIONS.—In this section:
4 (1) EMERGENCY SHELTER.—The term ‘‘emer-
5 gency shelter’’ has the meaning given the term under
6 section 17(t)(1) of the Richard B. Russell National
7 School Lunch Act (42 U.S.C. 1766(t)(1)).
8 (2) SECRETARY.—The term ‘‘Secretary’’ means
9 the Secretary of Agriculture.
10 SEC. 206. CALCULATION OF PAYMENTS AND REIMBURSE-
11 MENTS FOR CERTAIN CHILD NUTRITION PRO-
12 GRAMS.
13 (a) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH
14 ACT.—
15 (1) COMMODITY ASSISTANCE.—Notwithstanding
16 any other provision of law, for purposes of providing
17 commodity assistance to a State under section
18 6(c)(1)(C) of the Richard B. Russell National School
19 Lunch Act (42 U.S.C. 1755(c)(1)(C)) or cash assist-
20 ance in lieu of such commodity assistance under sec-
21 tion 16 of such Act (42 U.S.C. 1765) the Secretary
22 shall deem the number of lunches served by school food
23 authorities in such State during the 2020 period to
24 be equal to the greater of the following:
•HR 925 EAH
528
1 (A) The number of lunches served by such
2 school food authorities in such State during the
3 2019 period.
4 (B) The number of lunches served by such
5 school food authorities in such State during the
6 2020 period.
7 (2) SPECIAL ASSISTANCE PAYMENTS.—Notwith-
8 standing any other provision of law, in determining
9 the number of meals served by a school for purposes
10 of making special assistance payments to a State
11 with respect to a school under subparagraph (B),
12 clause (ii) or (iii) of subparagraph (C), or subpara-
13 graph (E)(i)(II) of section 11(a)(1) of the Richard B.
14 Russell National School Lunch Act (42 U.S.C.
15 1759a(a)(1)), the Secretary shall deem the number of
16 meals served by such school during the 2020 period to
17 be equal to the greater of the following:
18 (A) The number of meals served by such
19 school during the 2019 period.
20 (B) The number of meals served by such
21 school during the 2020 period.
22 (b) CHILD NUTRITION ACT OF 1966.—
23 (1) STATE ADMINISTRATIVE EXPENSES.—Not-
24 withstanding any other provision of law, for purposes
25 of making payments to a State under section 7(a) of
•HR 925 EAH
529
1 the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)),
2 the Secretary shall deem the number of meals and
3 supplements served by such school food authorities in
4 such State during the 2020 period to be equal to the
5 greater of the following:
6 (A) The number of meals and supplements
7 served by such school food authorities in such
8 State during the 2019 period.
9 (B) The number of meals and supplements
10 served by such school food authorities in such
11 State during the 2020 period.
12 (2) TEAM NUTRITION NETWORK.—Notwith-
13 standing any other provision of law, for purposes of
14 making allocations to a State under section 19(d) of
15 the Child Nutrition Act of 1966 (42 U.S.C. 1788(d)),
16 the Secretary shall deem the number of lunches served
17 by school food authorities in such State during the
18 2020 period to be equal to the greater of the following:
19 (A) The number of lunches served by such
20 school food authorities in such State during the
21 2019 period.
22 (B) The number of lunches served by such
23 school food authorities in such State during the
24 2020 period.
25 (c) DEFINITIONS.—In this section:
•HR 925 EAH
530
1 (1) SECRETARY.—The term ‘‘Secretary’’ means
2 the Secretary of Agriculture.
3 (2) 2019 PERIOD.—The term ‘‘2019 period’’
4 means the period beginning March 1, 2019 and end-
5 ing June 30, 2019.
6 (3) 2020 PERIOD.—The term ‘‘2020 period’’
7 means the period beginning March 1, 2020 and end-
8 ing June 30, 2020.
9 SEC. 207. REPORTING ON WAIVER AUTHORITY.
10 (a) APPLICATION TO DOCUMENTS RECEIVED OR
11 ISSUED ON OR AFTER DATE OF ENACTMENT.—Beginning
12 on the date of the enactment of this section, not later than
13 10 days after the date of the receipt or issuance of each
14 document specified in paragraph (1), (2), or (3) of this sub-
15 section, the Secretary of Agriculture shall make publicly
16 available on the website of the Department of Agriculture
17 the following documents:
18 (1) Any request submitted by State agencies for
19 a qualified waiver.
20 (2) The Secretary’s approval or denial of each
21 such request.
22 (3) Any guidance issued by the Secretary with
23 respect to a qualified waiver.
24 (b) INCLUSION OF DATE WITH GUIDANCE.—With re-
25 spect to the guidance described in subsection (a)(3), the Sec-
•HR 925 EAH
531
1 retary of Agriculture shall include the date on which such
2 guidance was issued on the publicly available website of the
3 Department of Agriculture on such guidance.
4 (c) APPLICATION RECEIVED OR ISSUED BEFORE DATE
5 OF ENACTMENT.—In the case of a document specified in
6 paragraph (1), (2), or (3) of subsection (a) received or
7 issued by the Secretary of Agriculture before the date of the
8 enactment of this section, the Secretary of Agriculture shall,
9 not later than 30 days after the date of the enactment of
10 this section, make publicly available on the website of the
11 Department of Agriculture—
12 (1) the documents described in paragraphs (1)
13 through (3) of subsection (a) with respect to each re-
14 ceived or issued document; and
15 (2) if the Secretary issued guidance with respect
16 to a qualified waiver issued before the date of the en-
17 actment of this section, the date on which such guid-
18 ance was issued.
19 (d) QUALIFIED WAIVER DEFINED.—In this section, the
20 term ‘‘qualified waiver’’ means a waiver under section
21 2102, 2202, 2203, or 2204 of the Families First
22 Coronavirus Response Act (Public Law 116–127).
•HR 925 EAH
532
1 TITLE III—RELATED PROGRAMS
2 SEC. 301. COMMUNITY SERVICES BLOCK GRANT ENHANCE-
3 MENT ACT OF 2020.
4 (a) DISTRIBUTION OF CARES ACT FUNDS TO
5 STATES.—Section 675B(b)(3) of the Community Services
6 Block Grant Act (42 U.S.C. 9906(b)(3)) shall not apply
7 with respect to funds appropriated by the CARES Act
8 (Public Law 116–136) to carry out the Community Services
9 Block Grant Act (42 U.S.C. 9901 et seq.).
10 (b) INCREASED POVERTY LINE.—For purposes of car-
11 rying out the Community Services Block Grant Act (42
12 U.S.C. 9901 et seq.) with any funds appropriated for fiscal
13 year 2021 for such Act, the term ‘‘poverty line’’ as defined
14 in section 673(2) of such Act (42 U.S.C. 9902(2)) means
15 200 percent of the poverty line otherwise applicable under
16 such section (excluding the last sentence of such section)
17 without regard to this subsection.
18 (c) DISTRIBUTION OF CARES ACT FUNDS BY STATES
19 TO ELIGIBLE ENTITIES.—Funds appropriated by the
20 CARES Act (Public Law 116–136) to carry out the Com-
21 munity Services Block Grant Act (42 U.S.C. 9901 et seq.)
22 and received by a State shall be made available to eligible
23 entities (as defined in section 673(1)(A) of such Act (42
24 U.S.C. 9902(1)(A))) not later than either 30 days after such
•HR 925 EAH
533
1 State receives such funds or 30 days after the date of the
2 enactment of this Act, whichever occurs later.
3 SEC. 302. FLEXIBILITY FOR THE RUNAWAY AND HOMELESS
4 YOUTH PROGRAM.
5 During the public health emergency declared by the
6 Secretary of Health and Human Services under section 319
7 of the Public Health Service Act (42 U.S.C. 247d) on Janu-
8 ary 31, 2020, with respect to COVID–19, and any renewal
9 of such declaration, the Secretary may waive with respect
10 to a current or future grantee of funds provided to carry
11 out the Runaway and Homeless Youth Act (42 U.S.C.
12 11201 et seq.)—
13 (1) the 21-day maximum period for which shel-
14 ter may be provided applicable under section
15 311(a)(2)(B)(i) of such Act (34 U.S.C.
16 11211(a)(2)(B)(i));
17 (2) the 20-youth maximum capacity of a center
18 or facility applicable under section 312(b)(2)(A) of
19 such Act (34 U.S.C. 11212(b)(2)(A)) if such grantee
20 provides an assurance that waiving such requirement
21 would not compromise the health and safety of youth
22 or staff and would not compromise such grantee’s
23 ability to implement the applicable guidance issued
24 by the Centers for Disease Control and Prevention to
25 mitigate the spread of COVID–19, including the im-
•HR 925 EAH
534
1 plementation of appropriate social distancing meas-
2 ures;
3 (3) the 540-day and 635-day maximum contin-
4 uous periods for which shelter and services may be
5 provided applicable under section 322(a)(2) of such
6 Act (34 U.S.C. 11222(a)(2));
7 (4) the 20-individual maximum capacity of a
8 shelter or facility applicable under section 322(a)(4)
9 of such Act (34 U.S.C. 11222(a)(4)) if such grantee
10 provides an assurance that waiving such requirement
11 would not compromise the health and safety of youth
12 or staff and would not compromise such grantee’s
13 ability to implement the applicable guidance issued
14 by the Centers for Disease Control and Prevention to
15 mitigate the spread of COVID–19, including the im-
16 plementation of appropriate social distancing meas-
17 ures; and
18 (5) the 90-percent limitation on the Federal cost
19 share applicable under section 383(a) of such Act (34
20 U.S.C. 11274(a)).
21 SEC. 303. EXTENSION OF CERTAIN NUTRITION FLEXIBILI-
22 TIES FOR OLDER AMERICANS ACT PROGRAMS
23 NUTRITION SERVICES.
24 (a) TRANSFER AUTHORITY.—Notwithstanding any
25 other provision of the Older Americans Act of 1965 (42
•HR 925 EAH
535
1 U.S.C. 3001 et seq.), with respect to funds received by a
2 State for fiscal year 2021 and attributable to funds appro-
3 priated under paragraph (1) or (2) of section 303(b) of such
4 Act, the State may elect in its plan under section
5 307(a)(13) of such Act regarding part C of title III of such
6 Act, to transfer between subpart 1 and subpart 2 of part
7 C any amount of the funds so received notwithstanding the
8 limitation on transfer authority provided in subparagraph
9 (A) of section 308(b)(4) of such Act and without regard to
10 subparagraph (B) of such section. The preceding sentence
11 shall apply to such funds until expended by the State.
12 (b) HOME-DELIVERED NUTRITION SERVICES WAIV-
13 ER.—For purposes determining eligibility for the delivery
14 of nutrition services under section 337 of the Older Ameri-
15 cans Act of 1965 (42 U.S.C. 3030g) with funds received by
16 a State under the Older Americans Act of 1965 (42 U.S.C.
17 2001 et seq.) for fiscal 2021, the State shall treat an older
18 individual who is unable to obtain nutrition because such
19 individual is practicing social distancing due to the emer-
20 gency in the same manner as the State treats an older indi-
21 vidual who is homebound by reason of illness. The preceding
22 sentence shall apply to such funds until expended by the
23 State.
24 (c) DIETARY GUIDELINES WAIVER.—To facilitate im-
25 plementation of subparts 1 and 2 of part C of title III of
•HR 925 EAH
536
1 the Older Americans Act of 1965 (42 U.S.C. 3030d–2 et
2 seq.) with funds received by a State for fiscal year 2021,
3 the Assistant Secretary on Aging may waive, but make
4 every effort practicable to continue to encourage the restora-
5 tion of, the applicable requirements that meals provided
6 under such subparts comply with the requirements of
7 clauses (I) and (ii) of section 339(2)(A) of such Act (42
8 U.S.C. 3030g–21(2)(A)). The preceding sentence shall apply
9 to such funds until expended by the State.
10 SEC. 304. USE OF LIHEAP SUPPLEMENTAL APPROPRIA-
11 TIONS.
12 Notwithstanding the Low-Income Home Energy As-
13 sistance Act of 1981, with respect to amounts appropriated
14 under title VIII of division A of this Act to carry out the
15 Low-Income Home Energy Assistance Act of 1981, each
16 State, the Commonwealth of Puerto Rico, Guam, American
17 Samoa, the Virgin Islands of the United States, the Com-
18 monwealth of the Northern Mariana Islands, and each In-
19 dian Tribe, as applicable, that receives an allotment of
20 funds from such amounts shall, in using such funds, for
21 purposes of income eligibility, accept proof of job loss or
22 severe income loss dated after February 29, 2020, such as
23 a layoff or furlough notice or verification of application for
24 unemployment benefits, as sufficient to demonstrate lack of
25 income for an individual or household.
•HR 925 EAH
537
1 SEC. 305. CORPORATION FOR NATIONAL AND COMMUNITY
2 SERVICE.
3 (a) CNCS LEGISLATIVE FLEXIBILITIES.—
4 (1) MATCH WAIVER.—During the period begin-
5 ning on the date of the enactment of this Act and end-
6 ing on September 30, 2022, notwithstanding any
7 other provision of law, if a grantee of the Corporation
8 for National and Community Service is unable to
9 meet a requirement to provide matching funds due to
10 funding constraints resulting from the COVID–19 na-
11 tional emergency, the Chief Executive Officer of the
12 Corporation for National and Community Service
13 may—
14 (A) waive any requirement that such grant-
15 ee provide matching funds for a program; and
16 (B) increase the Federal share of the grant
17 for such program up to 100 percent.
18 (2) END-OF-SERVICE CASH STIPEND.—Section
19 3514(a)(2)(B) of the CARES Act is amended by in-
20 serting ‘‘, or the full value of the stipend under section
21 105(a) of title I of the Domestic Volunteer Service Act
22 of 1973 (42 U.S.C. 4955)’’ after ‘‘such subtitle’’.
23 (3) SENIOR CORPS VOLUNTEER RECRUITMENT.—
24 During the period beginning on the date of the enact-
25 ment and ending on September 30, 2022, notwith-
26 standing sections 201(a), 211(d), 211(e), and 213(a)
•HR 925 EAH
538
1 of title II of the Domestic Volunteer Service Act of
2 1973 (42 U.S.C. 5000 et seq.)—
3 (A) an individual age 45 years or older
4 may enroll as a volunteer to provide services
5 under parts A, B or C of such title to address
6 the critical needs of local communities across the
7 country during the COVID–19 national emer-
8 gency; and
9 (B) for the purposes of parts B and C of
10 such title II, ‘‘low-income person’’ and ‘‘person
11 of low income’’ mean any person whose income
12 is not more than 400 percent of the poverty line
13 for a single individual.
14 (b) NATIONAL SERVICE EXPANSION FEASIBILITY
15 STUDY.—
16 (1) STUDY REQUIRED.—The Corporation for Na-
17 tional and Community Service shall conduct a study
18 on the feasibility of increasing the capacity of na-
19 tional service programs to respond to the economic
20 and social impact on communities across the country
21 resulting from the COVID–19 national emergency
22 and public health crisis.
23 (2) SCOPE OF STUDY.—In conducting the study
24 required under paragraph (1), the Corporation for
25 National and Community Service shall examine new
•HR 925 EAH
539
1 and existing programs, partnerships, organizations,
2 and grantees that could be utilized to respond to the
3 COVID–19 national emergency as described in sub-
4 section (a), including—
5 (A) service opportunities related to food se-
6 curity, education, economic opportunity, and
7 disaster or emergency response;
8 (B) partnerships with the Department of
9 Health and Human Services, the Centers for
10 Disease Control and Prevention, and public
11 health departments in all 50 States and terri-
12 tories to respond to public health needs related to
13 COVID–19 such as testing, contact tracing, or
14 related activities; and
15 (C) the capacity and ability of the State
16 Commissions on National and Community Serv-
17 ice to respond to the needs of State and local
18 governments in each State or territory in which
19 such State Commission is in operation.
20 (3) REQUIRED FACTORS OF THE STUDY.—In ex-
21 amining new and existing programs, partnerships,
22 organizations, and grantees as required under para-
23 graph (2), the Corporation for National and Commu-
24 nity Service shall examine—
•HR 925 EAH
540
1 (A) the cost and resources necessary related
2 to increased capacity;
3 (B) the timeline for implementation of any
4 expanded partnerships or increased capacity;
5 (C) options to use existing corps programs
6 overseen by the Corporation for National and
7 Community Service for increasing such capacity,
8 and the role of programs, such as AmeriCorps,
9 AmeriCorps VISTA, AmeriCorps National Civil-
10 ian Community Corps, or Senior Corps, for in-
11 creasing capacity;
12 (D) the ability to increase diversity, includ-
13 ing economic, racial, ethnic, and gender diver-
14 sity, among national service volunteers and pro-
15 grams;
16 (E) the geographic distribution of demand
17 by State due to the economic or health related
18 impacts of COVID–19 for national service volun-
19 teer opportunities across the country and the ad-
20 ditional volunteer capacity needed to meet such
21 demand, comparing existing demand for volun-
22 teer opportunities to expected or realized in-
23 creases as a result of COVID–19; and
24 (F) whether any additional administrative
25 capacity at the Corporation for National and
•HR 925 EAH
541
1 Community Service, such as grantee organiza-
2 tional capacity, is needed to respond to the in-
3 creased capacity of such new or existing pro-
4 grams, partnerships, organizations, and grant-
5 ees.
6 (4) REPORTS TO CONGRESSIONAL COMMIT-
7 TEES.—
8 (A) IN GENERAL.—Not later than 60 days
9 after the date of the enactment of this Act, the
10 Chief Executive Officer of the Corporation for
11 National and Community Service shall submit
12 to the congressional committees under subpara-
13 graph (B) a report on the results of the study
14 under paragraph (1) with recommendations on
15 the role for the Corporation for National and
16 Community Service in responding to the
17 COVID–19 national emergency, including any
18 recommendations for legislative, regulatory, and
19 administrative changes based on findings related
20 to the topics identified under subsection (b).
21 (B) CONGRESSIONAL COMMITTEES.—The
22 congressional committees under this subpara-
23 graph are—
•HR 925 EAH
542
1 (i) the Committee on Education and
2 Labor and the Committee on Appropria-
3 tions of the House of Representatives; and
4 (ii) the Committee on Health, Edu-
5 cation, Labor, and Pensions and the Com-
6 mittee on Appropriations of the Senate.
7 (c) DEFINITIONS.—In this section, the following defi-
8 nitions apply:
9 (1) COVID–19 NATIONAL EMERGENCY.—The
10 term ‘‘COVID–19 national emergency’’ means the na-
11 tional emergency declared by the President under the
12 National Emergencies Act (50 U.S.C. 1601 et seq.) on
13 March 13, 2020, with respect to COVID–19.
14 (2) GRANTEE.—The term ‘‘grantee’’ means a re-
15 cipient of a grant under the Domestic Volunteer Serv-
16 ice Act of 1973 (42 U.S.C. 4950 et seq.) or the Na-
17 tional and Community Service Act of 1990 (42
18 U.S.C. 12501 et seq.) to run a program.
19 (3) POVERTY LINE FOR A SINGLE INDIVIDUAL.—
20 The term ‘‘poverty line for a single individual’’ has
21 the meaning given such term in section 421 of the Do-
22 mestic Volunteer Service Act of 1973 (42 U.S.C.
23 5061).
24 (4) PROGRAM.—The term ‘‘program’’ means a
25 program funded under the Domestic Volunteer Service
•HR 925 EAH
543
1 Act of 1973 (42 U.S.C. 4950 et seq.) or the National
2 and Community Service Act of 1990 (42 U.S.C.
3 12501 et seq.).
4 (5) STATE COMMISSION.—The term ‘‘State Com-
5 mission’’ has the meaning given such term in section
6 101 of the National and Community Service Act (42
7 U.S.C. 12511).
8 SEC. 306. MATCHING FUNDS WAIVER FOR FORMULA
9 GRANTS AND SUBGRANTS UNDER THE FAM-
10 ILY VIOLENCE PREVENTION AND SERVICES
11 ACT.
12 (a) WAIVER OF MATCHING FUNDS FOR AWARDED
13 GRANTS AND SUBGRANTS.—The Secretary of Health and
14 Human Services shall waive—
15 (1) the non-Federal contributions requirement
16 under subsection (c)(4) of section 306 of the Family
17 Violence Prevention and Services Act (42 U.S.C.
18 10406) with respect to the grants and subgrants
19 awarded in fiscal years 2019, 2020, and 2021 to each
20 State (as defined in section 302 of such Act (42
21 U.S.C. 10402)) and the eligible entities within such
22 State under section 306 or 308 of such Act (42 U.S.C.
23 10406; 10408); and
•HR 925 EAH
544
1 (2) the reporting requirements required under
2 such grants and subgrants that relate to such non-
3 Federal contributions requirement.
4 (b) WAIVER OF MATCHING FUNDS FOR GRANTS
5 AWARDED AFTER DATE OF ENACTMENT.—
6 (1) IN GENERAL.—Subsection (c)(4) of section
7 306 of the Family Violence Prevention and Services
8 Act (42 U.S.C. 10406) shall not apply to a qualified
9 grant during the period of a public health emergency
10 declared pursuant to section 319 of the Public Health
11 Service Act (42 U.S.C. 247d) resulting from the
12 COVID–19 pandemic.
13 (2) QUALIFIED GRANT DEFINED.—In this sub-
14 section, the term ‘‘qualified grant’’ means a grant or
15 subgrant awarded—
16 (A) after the date of the enactment of this
17 section; and
18 (B) under section 306, 308, or 309 of the
19 Family Violence Prevention and Services Act (42
20 U.S.C. 10406; 10408; 10409).
21 DIVISION E—SMALL BUSINESS
22 PROVISIONS
23 SEC. 100. SHORT TITLE, ETC.
24 (a) SHORT TITLE.—This division may be cited as the
25 ‘‘PPP and EIDL Enhancement Act of 2020’’.
•HR 925 EAH
545
1 (b) TABLE OF CONTENTS.—The table of contents for
2 this division is as follows:
Sec. 100. Short Title, etc.
TITLE I—FUNDING PROVISIONS
Sec. 101. Amount authorized for commitments.
Sec. 102. Funding for the paycheck protection program.
Sec. 103. Direct appropriations.
TITLE II—MODIFICATIONS TO THE PAYCHECK PROTECTION
PROGRAM
Sec. 201. Periods for loan forgiveness and application submission.
Sec. 202. Supplemental covered loans for certain business concerns.
Sec. 203. Certifications and documentation for forgiveness of covered loans.
Sec. 204. Eligibility of certain organizations for loans under the paycheck protec-
tion program.
Sec. 205. Limit on aggregate loan amount for eligible recipients with more than
one physical location.
Sec. 206. Allowable uses of covered loans; forgiveness.
Sec. 207. Documentation required for certain eligible recipients.
Sec. 208. Exclusion of certain publicly traded and foreign entities.
Sec. 209. Election of 12-week period by seasonal employers.
Sec. 210. Inclusion of certain refinancing in nonrecourse requirements.
Sec. 211. Credit elsewhere requirements.
Sec. 212. Prohibition on receiving duplicative amounts for payroll costs.
Sec. 213. Application of certain terms through life of covered loan.
Sec. 214. Interest calculation on covered loans.
Sec. 215. Reimbursement for processing.
Sec. 216. Duplication requirements for economic injury disaster loan recipients.
Sec. 217. Reapplication for and modification to paycheck protection program.
Sec. 218. Treatment of certain criminal violations.
TITLE III—TAX PROVISIONS
Sec. 301. Improved coordination between paycheck protection program and em-
ployee retention tax credit.
TITLE IV—COVID–19 ECONOMIC INJURY DISASTER LOAN PROGRAM
REFORM
Sec. 401. Sense of Congress.
Sec. 402. Notices to applicants for economic injury disaster loans or advances.
Sec. 403. Modifications to emergency EIDL advances.
Sec. 404. Data transparency, verification, and notices for economic injury dis-
aster loans.
Sec. 405. Lifeline funding for small business continuity, adaptation, and resil-
iency.
Sec. 406. Modifications to economic injury disaster loans.
Sec. 407. Principal and interest payments for certain disaster loans.
Sec. 408. Training.
Sec. 409. Outreach plan.
Sec. 410. Report on best practices.
Sec. 411. Extension of period of availability for administrative funds.
•HR 925 EAH
546
TITLE V—MICRO-SBIC AND EQUITY INVESTMENT ENHANCEMENT
Sec. 501. Micro-SBIC Program.
TITLE VI—MISCELLANEOUS
Sec. 601. Repeal of unemployment grants.
Sec. 602. Subsidy for certain loan payments.
Sec. 603. Modifications to 7(a) loan programs.
Sec. 604. Flexibility in deferral of payments of 7(a) loans.
Sec. 605. Recovery assistance under the microloan program.
Sec. 606. Maximum loan amount for 504 loans.
Sec. 607. Temporary fee reductions.
Sec. 608. Extension of participation in 8(a) program.
Sec. 609. Report on minority, women, and rural lending.
Sec. 610. Comprehensive program guidance.
Sec. 611. Reports on paycheck protection program.
Sec. 612. Prohibiting conflicts of interest for small business programs under the
CARES Act.
Sec. 613. Inclusion of SCORE and Veteran Business Outreach Centers in entre-
preneurial development programs.
Sec. 614. Clarification of use of CARES Act funds for small business development
centers.
Sec. 615. Funding for the Office of Inspector General of the Small Business Ad-
ministration.
Sec. 616. Extension of waiver of matching funds requirement under the Women’s
Business Center program.
Sec. 617. Access to Small Business Administration information and databases.
Sec. 618. Small business local relief program.
Sec. 619. Grants for independent live venue operators.
1 (c) DEFINITIONS.—In this division:
2 (1) ADMINISTRATION.—The term ‘‘Administra-
3 tion’’ means the Small Business Administration.
4 (2) ADMINISTRATOR.—The term ‘‘Adminis-
5 trator’’ means the Administrator of the Small Busi-
6 ness Administration.
7 (d) EFFECTIVE DATE; APPLICABILITY.—Except as oth-
8 erwise provided in this division, this division and the
9 amendments made by this division shall take effect on the
10 date of the enactment of this Act and shall apply to loans
11 made, or other assistance provided, on or after the date of
12 the enactment of this Act.
•HR 925 EAH
547
1 TITLE I—FUNDING PROVISIONS
2 SEC. 101. AMOUNT AUTHORIZED FOR COMMITMENTS.
3 Section 1102(b)(1) of the CARES Act (Public Law
4 116–136) is amended to read as follows:
5 ‘‘(1) PPP LOANS.—During the period beginning
6 on the date of enactment of this subsection and ending
7 on December 31, 2020, subject to the availability of
8 appropriations, the Administrator may make com-
9 mitments under paragraph (36) of section 7(a) of the
10 Small Business Act (15 U.S.C. 636(a)).’’.
11 SEC. 102. FUNDING FOR THE PAYCHECK PROTECTION PRO-
12 GRAM.
13 (a) IN GENERAL.—Section 7(a)(36)(S) of the Small
14 Business Act (15 U.S.C. 636(a)(36)(S)) is amended to read
15 as follows:
16 ‘‘(S) SET ASIDE FOR CERTAIN ENTITIES.—
17 The Administrator shall provide for the cost to
18 guarantee covered loans made under this para-
19 graph—
20 ‘‘(i) a set aside of not less than 10 per-
21 cent of each such amount for covered
22 loans—
23 ‘‘(I) made to eligible recipients
24 with 10 or fewer employees, including
25 individuals who operate under a sole
•HR 925 EAH
548
1 proprietorship or as an independent
2 contractor and eligible self-employed
3 individuals; or
4 ‘‘(II) less than or equal to
5 $250,000 made to an eligible recipient
6 that is located in a low- or moderate-
7 income neighborhoods (as defined
8 under the Community Reinvestment
9 Act of 1977).
10 ‘‘(ii) a set aside of not more than 30
11 percent of each such amount for covered
12 loan made to nonprofit organizations, orga-
13 nizations described in subparagraph
14 (D)(viii), or housing cooperatives; and
15 ‘‘(iii) a set aside of not more than 50
16 percent of each such amount for supple-
17 mental covered loans made under subpara-
18 graph (B)(ii).’’.
19 (b) SET ASIDE FOR COMMUNITY FINANCIAL INSTITU-
20 TIONS.—Of amounts appropriated by the Paycheck Protec-
21 tion Program and Health Care Enhancement Act (Public
22 Law 116–139) under the heading ‘‘Small Business Admin-
23 istration—Business Loans Program Account, CARES Act’’
24 that have not been obligated or expended, the lesser of 25
25 percent of such amounts or $15,000,000,000 shall be set
•HR 925 EAH
549
1 aside for the cost to guarantee covered loans made under
2 section 7(a)(36) of the Small Business Act (15 U.S.C.
3 636(a)(36)) by community financial institutions (as such
4 term is defined in subparagraph (A)(xi) of such section).
5 (c) AMOUNTS RETURNED.—Section 7(a)(36) of the
6 Small Business Act (15 U.S.C. 636(a)(36)) is amended by
7 adding at the end the following new subparagraph:
8 ‘‘(T) AMOUNTS RETURNED.—Any amounts
9 returned to the Secretary of the Treasury due to
10 the cancellation of a covered loan shall be solely
11 used for the cost to guarantee covered loans made
12 to eligible recipients with 10 or fewer employees
13 or covered loans of less than or equal to $250,000
14 made to an eligible recipient that is located in
15 a low- or moderate-income neighborhoods (as de-
16 fined under the Community Reinvestment Act of
17 1977).’’.
18 SEC. 103. DIRECT APPROPRIATIONS.
19 There is appropriated, out of amounts in the Treasury
20 not otherwise appropriated, for additional amounts—
21 (1) for the cost of carrying out section 407 of this
22 division, $8,000,000,000;
23 (2) for the cost of carrying out title V of this di-
24 vision, $1,000,000,000;
•HR 925 EAH
550
1 (3) for the cost of carrying out section 603 and
2 607 of this division, $1,000,000,000;
3 (4) for the cost of carrying out section 605 of this
4 division, $57,000,000;
5 (5) for the cost of carrying out section 618 of this
6 division, $15,000,000,000; and
7 (6) for the cost of carrying out section 619 of this
8 division, $10,000,000,000.
9 TITLE II—MODIFICATIONS TO
10 THE PAYCHECK PROTECTION
11 PROGRAM
12 SEC. 201. PERIODS FOR LOAN FORGIVENESS AND APPLICA-
13 TION SUBMISSION.
14 (a) PERIOD FOR COSTS THAT ARE ELIGIBLE FOR
15 FORGIVENESS AND APPLICATION SUBMISSION.—Section
16 1106 of the CARES Act (15 U.S.C. 9005) is amended—
17 (1) in subsection (a), by striking paragraph (3)
18 and inserting the following:
19 ‘‘(3) the term ‘covered period’ means the period
20 beginning on the date of the origination of a covered
21 loan and ending on a date selected by the eligible re-
22 cipient of the covered loan that—
23 ‘‘(A) is not earlier than the date that is 8
24 weeks after such date of origination; and
•HR 925 EAH
551
1 ‘‘(B) is not later than the date that is 24
2 weeks after such date of origination;’’;
3 (2) in subsection (d), by striking ‘‘December 31,
4 2020’’ each place it appears and inserting ‘‘Sep-
5 tember 30, 2021’’; and
6 (3) by striking subsection (l) and inserting the
7 following new subsection:
8 ‘‘(l) APPLICATION DEADLINE.—An eligible recipient
9 may apply for forgiveness under this section any time after
10 covered period if proceeds from a covered loan have been
11 spent and the eligible recipient is in compliance with sub-
12 sections (e) and (f).’’.
13 (b) APPLICABILITY OF AMENDMENTS.—The amend-
14 ments made by subsection (b) shall be effective as if included
15 in the CARES Act (Public Law 116–136) and shall apply
16 to any loan made pursuant to section 7(a)(36) of the Small
17 Business Act (15 U.S.C. 636(a)(36)) or section 1109 of the
18 CARES Act (15 U.S.C. 9008).
19 SEC. 202. SUPPLEMENTAL COVERED LOANS FOR CERTAIN
20 BUSINESS CONCERNS.
21 Section 7(a)(36)(B) of the Small Business Act (15
22 U.S.C. 636(a)(36)(B)) is amended—
23 (1) by striking ‘‘Except’’ and inserting the fol-
24 lowing:
25 ‘‘(i) IN GENERAL.—Except’’; and
•HR 925 EAH
552
1 (2) by adding at the end the following new
2 clause:
3 ‘‘(ii) SUPPLEMENTAL COVERED
4 LOANS.—
5 ‘‘(I) DEFINITIONS.—In this
6 clause—
7 ‘‘(aa) the terms ‘exchange’,
8 ‘issuer’, and ‘security’ have the
9 meanings given such terms in sec-
10 tion 3(a) of the Securities Ex-
11 change Act of 1934 (15 U.S.C.
12 78c(a));
13 ‘‘(bb) the term ‘gross receipts’
14 means gross receipts within the
15 meaning of section 448(c) of the
16 Internal Revenue Code of 1986;
17 ‘‘(cc) the term ‘national secu-
18 rities exchange’ means an ex-
19 change registered as a national se-
20 curities exchange under section 6
21 of the Securities Exchange Act of
22 1934 (15 U.S.C. 78f);
23 ‘‘(dd) the term ‘publicly trad-
24 ed entity’ means an issuer, the se-
•HR 925 EAH
553
1 curities of which are listed on a
2 national securities exchange;
3 ‘‘(ee) the term ‘smaller con-
4 cern’ means an eligible recipient
5 that—
6 ‘‘(AA) has not more
7 than 200 employees;
8 ‘‘(BB) operates under a
9 sole proprietorship or as an
10 independent contractor; or
11 ‘‘(CC) is an eligible self-
12 employed individual; and
13 ‘‘(ff) the term ‘significant
14 loss in revenue’ means that, due to
15 the impact of COVID–19—
16 ‘‘(AA) the gross receipts
17 of the eligible recipient dur-
18 ing the first, second, or third
19 calendar quarter of 2020 are
20 less than 75 percent of the
21 gross receipts of the eligible
22 recipient during the same
23 calendar quarter in 2019;
24 ‘‘(BB) if the eligible re-
25 cipient was not in business
•HR 925 EAH
554
1 on April 1, 2019, the gross
2 receipts of the eligible recipi-
3 ent during any 2-month pe-
4 riod during the first 3 cal-
5 endar quarters of 2020 are
6 less than 75 percent of the
7 amount of the gross receipts
8 of the eligible recipient dur-
9 ing any prior 2-month pe-
10 riod during the first 3 cal-
11 endar quarters of 2020; or
12 ‘‘(CC) if the eligible re-
13 cipient is seasonal employer,
14 as determined by the Admin-
15 istrator, the gross receipts of
16 the eligible recipient during
17 any 2-month period during
18 the first 3 calendar quarters
19 of 2020 are less than 75 per-
20 cent of the amount of the
21 gross receipts of the eligible
22 recipient during the same 2-
23 month period in 2019.
24 ‘‘(II) AUTHORITY.—Except as
25 otherwise provided in this clause, for
•HR 925 EAH
555
1 an eligible recipient that has received a
2 covered loan under clause (i), the Ad-
3 ministrator may guarantee a single
4 supplemental covered loan to the eligi-
5 ble recipient under the same terms,
6 conditions, and processes as a covered
7 loan made under clause (i).
8 ‘‘(III) CHOICE OF LENDER.—An
9 eligible recipient may apply for a sup-
10 plemental covered loan under this
11 clause with the lender that made the
12 covered loan under clause (i) to the eli-
13 gible recipient or another lender.
14 ‘‘(IV) ELIGIBILITY.—
15 ‘‘(aa) IN GENERAL.—A sup-
16 plemental covered loan under this
17 clause—
18 ‘‘(AA) may only be
19 made to an eligible recipient
20 that is a smaller concern that
21 has had a significant loss in
22 revenue and has used, or is
23 expending funds at a rate
24 that the eligible recipient will
25 use on or before the expected
•HR 925 EAH
556
1 date of the disbursement of
2 the supplemental covered
3 loan under this clause, the
4 full amount of the covered
5 loan received under clause
6 (i); and
7 ‘‘(BB) may not be made
8 to a publicly traded entity.
9 ‘‘(bb) BUSINESS CONCERNS
10 WITH MORE THAN 1 PHYSICAL LO-
11 CATION.—
12 ‘‘(AA) IN GENERAL.—
13 For purposes of a supple-
14 mental covered loan under
15 this clause, subparagraph
16 (D)(iii) shall be applied by
17 substituting ‘not more than
18 200 employees per physical
19 location’ for ‘not more than
20 500 employees per physical
21 location’.
22 ‘‘(BB) LIMIT FOR MUL-
23 TIPLE LOCATIONS.—For an
24 eligible recipient with more
25 than 1 physical location, the
•HR 925 EAH
557
1 total amount of all supple-
2 mental covered loans made
3 under this clause to the eligi-
4 ble recipient shall not be
5 more than $2,000,000.
6 ‘‘(V) MAXIMUM AMOUNT.—The
7 maximum amount of a supplemental
8 covered loan under this clause is the
9 lesser of—
10 ‘‘(aa) the product obtained
11 by multiplying—
12 ‘‘(AA) the average total
13 monthly payments for pay-
14 roll costs by the eligible re-
15 cipient used to determine the
16 maximum amount of the cov-
17 ered loan under clause (i)
18 made to the eligible recipient
19 under this paragraph, by
20 ‘‘(BB) 2.5; or
21 ‘‘(bb) $2,000,000.
22 ‘‘(VI) EXCEPTION FROM CERTAIN
23 CERTIFICATION REQUIREMENTS.—An
24 eligible recipient applying for a sup-
25 plemental covered loan under this
•HR 925 EAH
558
1 clause shall not be required to make the
2 certification described in clauses (iii)
3 or (iv) of subparagraph (G).
4 ‘‘(VII) REIMBURSEMENT FOR
5 PROCESSING SUPPLEMENTAL PPP.—
6 For a supplemental covered loan under
7 this clause of less than or equal to
8 $50,000, the reimbursement under sub-
9 paragraph (P)(I) by the Administrator
10 shall not be less than $2,500.’’.
11 SEC. 203. CERTIFICATIONS AND DOCUMENTATION FOR
12 FORGIVENESS OF COVERED LOANS.
13 Section 1106 of the CARES Act (15 U.S.C. 9005) is
14 amended—
15 (1) in subsection (e), in the matter preceding
16 paragraph (1), by striking ‘‘An eligible recipient’’
17 and all that follows through ‘‘an application,’’ and
18 inserting ‘‘Subject to subsection (f), an eligible recipi-
19 ent applying for loan forgiveness under this section
20 shall provide proof of the use of covered loan pro-
21 ceeds,’’;
22 (2) by amending subsection (f) to read as follows:
23 ‘‘(f) DOCUMENTATION REQUIREMENTS.—To receive
24 loan forgiveness under this section, an eligible recipient
25 shall comply with the following requirements:
•HR 925 EAH
559
1 ‘‘(1) With respect to a covered loan in an
2 amount less than or equal to $50,000, the eligible re-
3 cipient—
4 ‘‘(A) shall certify to the Administrator that
5 the eligible recipient has used proceeds from the
6 covered loan in compliance with the require-
7 ments of section 7(a)(36) of the Small Business
8 Act (15 U.S.C. 636(a)(36)), including a descrip-
9 tion of the amount of proceeds used for payroll
10 costs (as defined in such section) and the number
11 of employees the eligible recipient was able to re-
12 tain because of such covered loan;
13 ‘‘(B) is not required to submit any docu-
14 mentation or application to receive forgiveness
15 under this section;
16 ‘‘(C) shall certify to the Administrator that
17 the eligible recipient can make the documenta-
18 tion described under subsection (e) available,
19 upon request, for a period of time determined by
20 the Administrator, which period shall be not less
21 than 3 years; and
22 ‘‘(D) may submit to the Administrator de-
23 mographic information of the owner of the eligi-
24 ble recipient, including the sex, race, ethnicity,
•HR 925 EAH
560
1 and veteran status of the owner, through a proc-
2 ess established by the Administrator.
3 ‘‘(2) With respect to a covered loan in an
4 amount greater than $50,000 but less than or equal
5 to $150,000, the eligible recipient—
6 ‘‘(A) shall submit to the lender that is serv-
7 icing the covered loan the certification described
8 in paragraph (1)(A) and a simplified one-page
9 application form that does not require the sub-
10 mission of any documentation described under
11 subsection (e);
12 ‘‘(B) shall make the certification described
13 in paragraph (1)(C); and
14 ‘‘(C) may submit to the Administrator de-
15 mographic information of the owner of the eligi-
16 ble recipient, including the sex, race, ethnicity,
17 and veteran status of the owner, as established by
18 the Administrator on the application form de-
19 scribed in subparagraph (A).
20 ‘‘(3) With respect to a covered loan in an
21 amount greater than $150,000, the eligible recipient
22 shall submit to the lender that is servicing the covered
23 loan the documentation described under subsection
24 (e).’’; and
•HR 925 EAH
561
1 (3) by amending subsection (g) to read as fol-
2 lows:
3 ‘‘(g) LENDER SUBMISSION.—Not later than 60 days
4 after the date on which a lender receives an application
5 for loan forgiveness under this section from an eligible re-
6 cipient, the lender shall only be required to review the ap-
7 plication to ensure completion, including that required at-
8 testations have been made, before submitting such applica-
9 tion to the Administrator.’’.
10 SEC. 204. ELIGIBILITY OF CERTAIN ORGANIZATIONS FOR
11 LOANS UNDER THE PAYCHECK PROTECTION
12 PROGRAM.
13 Section 7(a)(36) of the Small Business Act (15 U.S.C.
14 636(a)(36))—
15 (1) in subparagraph (A)—
16 (A) in clause (vii), by inserting ‘‘covered’’
17 before ‘‘nonprofit’’;
18 (B) in clause (viii)(II)—
19 (i) in item (dd), by striking ‘‘or’’ at
20 the end;
21 (ii) in item (ee), by inserting ‘‘or’’ at
22 the end; and
23 (iii) by adding at the end the following
24 new item:
•HR 925 EAH
562
1 ‘‘(ff) any compensation of an
2 employee who is a registered lob-
3 byist under the Lobbying Disclo-
4 sure Act of 1995;’’;
5 (C) by amending clause (ix) to read as fol-
6 lows:
7 ‘‘(ix) the term ‘covered organization’
8 means—
9 ‘‘(I) an organization described in
10 section 501(c) of the Internal Revenue
11 Code of 1986 and exempt from tax
12 under section 501(a) of such Code that
13 is not a covered nonprofit organiza-
14 tion;
15 ‘‘(II) an entity created by a State
16 or local government that derives the
17 majority of its operating budget from
18 the production of live events; or
19 ‘‘(III) a destination marketing or-
20 ganization;’’;
21 (D) in clause (xi)(IV), by striking ‘‘and’’ at
22 the end;
23 (E) in clause (xii), by striking the period at
24 the end and inserting a semicolon; and
•HR 925 EAH
563
1 (F) by adding at the end the following new
2 clauses:
3 ‘‘(xiii) the term ‘housing cooperative’
4 means a cooperative housing corporation
5 (as defined in section 216(b) of the Internal
6 Revenue Code of 1986); and
7 ‘‘(xiv) the term ‘destination marketing
8 organization’ means a nonprofit entity that
9 is not an organization described in section
10 501(c)(6) of the Internal Revenue Code of
11 1986 and exempt from tax under section
12 501(a) of such Code, a State, or a political
13 subdivision of a State (including any in-
14 strumentality of such entities) engaged in
15 marketing and promoting communities and
16 facilities to businesses and leisure travelers
17 through a range of activities, including—
18 ‘‘(I) assisting with the location of
19 meeting and convention sites;
20 ‘‘(II) providing travel information
21 on area attractions, lodging accom-
22 modations, and restaurants;
23 ‘‘(III) providing maps; and
•HR 925 EAH
564
1 ‘‘(IV) organizing group tours of
2 local historical, recreational, and cul-
3 tural attractions.’’; and
4 (2) in subparagraph (D)—
5 (A) in clause (i)—
6 (i) by inserting ‘‘covered’’ before ‘‘non-
7 profit organization’’ each place it appears;
8 and
9 (ii) by striking ‘‘veterans organiza-
10 tion’’ each place it appears and inserting
11 ‘‘housing cooperative’’;
12 (B) in clause (iii)—
13 (i) by amended the clause heading to
14 read as follows: ‘‘REQUIREMENTS FOR RES-
15 TAURANTS AND CERTAIN NEWS ORGANIZA-
16 TIONS’’;
17 (ii) by striking ‘‘During the covered
18 period, any business concern that employs’’
19 and inserting the following: ‘‘Any business
20 concern that—
21 ‘‘(I) during the covered period,
22 employs’’;
23 (iii) in subclause (I), as so designated,
24 by striking the period at the end and insert-
25 ing a semicolon; and
•HR 925 EAH
565
1 (iv) by adding at the end the following
2 new subclauses:
3 ‘‘(II) was not eligible to receive a
4 covered loan the day before the date of
5 the enactment of this subclause, is as-
6 signed a North American Industry
7 Classification System code beginning
8 with 511110, 515112, or 515120, and
9 an individual physical location of the
10 business concern at the time of dis-
11 bursal does not exceed the size standard
12 established by the Administrator for
13 the applicable code shall be eligible to
14 receive a covered loan for expenses as-
15 sociated with an individual physical
16 location of that business concern to
17 support the continued provision of
18 local news, information, content, or
19 emergency information, and, at the
20 time of disbursal, the individual phys-
21 ical location; or
22 ‘‘(III) was not eligible to receive a
23 covered loan the day before the date of
24 the enactment of this subclause, is as-
25 signed a North American Industry
•HR 925 EAH
566
1 Classification System code of 519130,
2 is identified as a Internet-only news
3 publisher or Internet-only periodical
4 publisher, and is engaged in the collec-
5 tion and distribution of local or re-
6 gional and national news and infor-
7 mation shall be eligible to receive a
8 covered loan for expenses to support the
9 continued provision of news, informa-
10 tion, content, or emergency informa-
11 tion.’’;
12 (C) in clause (iv)—
13 (i) in subclause (II), by striking ‘‘and’’
14 at the end;
15 (ii) in subclause (III), by striking the
16 period at the end and inserting ‘‘; and’’;
17 and
18 (iii) by adding at the end the following
19 new subclause:
20 ‘‘(IV) an individual physical loca-
21 tion of a business concern described in
22 clause (iii)(II), if such concern does
23 not pay, distribute, or otherwise pro-
24 vide any portion of the covered loan to
25 any other entity other than the indi-
•HR 925 EAH
567
1 vidual physical location that is the in-
2 tended recipient of the covered loan.’’;
3 (D) in clause (v), by striking ‘‘nonprofit or-
4 ganization, veterans organization,’’ and insert-
5 ing ‘‘covered organization, covered nonprofit or-
6 ganization, housing cooperative,’’;
7 (E) in clause (vi), by striking ‘‘nonprofit
8 organization and a veterans organization’’ and
9 inserting ‘‘covered organization, a covered non-
10 profit organization, and a housing cooperative’’;
11 and
12 (F) by adding at the end the following new
13 clauses:
14 ‘‘(vii) ADDITIONAL REQUIREMENTS
15 FOR COVERED ORGANIZATIONS AND COV-
16 ERED NONPROFIT ORGANIZATIONS.—
17 ‘‘(I) LOBBYING RESTRICTION.—
18 During the covered period, a covered
19 organization that employs less than
20 500 employees shall be eligible to re-
21 ceive a covered loan if—
22 ‘‘(aa) the covered organiza-
23 tion does not receive more than 10
24 percent of its receipts from lob-
25 bying activities; and
•HR 925 EAH
568
1 ‘‘(bb) the lobbying activities
2 of the covered organization do not
3 comprise more than 10 percent of
4 the total activities of the covered
5 organization.
6 ‘‘(II) LARGER ORGANIZATIONS.—
7 During the covered period, a covered
8 nonprofit organization that employs
9 500 employees or more, or a covered
10 organization that meets the require-
11 ments of items (aa) and (bb) of sub-
12 clause (I) and employs 500 employees
13 or more, shall be eligible to receive a
14 covered loan if such covered nonprofit
15 organization or covered organization
16 has had a significant loss in revenue
17 (as defined in subparagraph
18 (B)(ii)(I)(ff)).
19 ‘‘(viii) INCLUSION OF CRITICAL ACCESS
20 HOSPITALS.—During the covered period,
21 any covered organization that is a critical
22 access hospital (as defined in section
23 1861(mm) of the Social Security Act (42
24 U.S.C. 1395x(mm))) shall be eligible to re-
25 ceive a covered loan, regardless of the status
•HR 925 EAH
569
1 of such a hospital as a debtor in a case
2 under chapter 11 of title 11, Unites States
3 Code, or the status of any debts owed by
4 such a hospital to the Federal Government.
5 ‘‘(ix) ADDITIONAL REQUIREMENTS FOR
6 NEWS BROADCAST ENTITIES.—
7 ‘‘(I) IN GENERAL.—With respect
8 to an individual physical location of a
9 business concern described in clause
10 (iii)(II), each such location shall be
11 treated as an independent, non-
12 affiliated entity for purposes of this
13 paragraph. A parent company, invest-
14 ment company, or management com-
15 pany of one or more physical locations
16 of a business concern described in
17 clause (iii)(II) shall not be eligible for
18 a covered loan.
19 ‘‘(II) DEMONSTRATION OF
20 NEED.—Any such location that is a
21 franchise or affiliate of, or owned or
22 controlled by a parent company, in-
23 vestment company, or the management
24 thereof, shall demonstrate, upon request
25 of the Administrator, the need for a
•HR 925 EAH
570
1 covered loan to support the continued
2 provision of local news, information,
3 content, or emergency information,
4 and, at the time of disbursal, the indi-
5 vidual physical location.’’.
6 SEC. 205. LIMIT ON AGGREGATE LOAN AMOUNT FOR ELIGI-
7 BLE RECIPIENTS WITH MORE THAN ONE
8 PHYSICAL LOCATION.
9 Section 7(a)(36)(E) of the Small Business Act (15
10 U.S.C. 636(a)(36)(E)) is amended by adding at the end the
11 following flush matter:
12 ‘‘With respect to an eligible recipient with more
13 than 1 physical location, the total amount of all
14 covered loans made under this clause to the eligi-
15 ble recipient shall not be more than
16 $10,000,000.’’.
17 SEC. 206. ALLOWABLE USES OF COVERED LOANS; FORGIVE-
18 NESS.
19 (a) PAYCHECK PROTECTION PROGRAM.—Section
20 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36))
21 is amended—
22 (1) in subparagraph (G)—
23 (A) in the subparagraph heading, by strik-
24 ing ‘‘BORROWER REQUIREMENTS’’ and all that
25 follows through ‘‘eligible recipient applying’’ and
•HR 925 EAH
571
1 inserting ‘‘BORROWER CERTIFICATION REQUIRE-
2 MENTS.—An eligible recipient applying’’;
3 (B) by redesignating subclauses (I) through
4 (IV) as clauses (i) through (iv), respectively; and
5 (C) in clause (ii), as so redesignated, by
6 striking ‘‘to retain workers’’ and all that follows
7 through ‘‘utility payments’’ and inserting ‘‘for
8 an allowable use described in subparagraph
9 (F)’’;
10 (2) in subparagraph (F)(i)—
11 (A) in subclause (VI), by striking ‘‘and’’ at
12 the end;
13 (B) in subclause (VII), by striking the pe-
14 riod at the end and inserting a semicolon; and
15 (C) by adding at the end the following new
16 subclauses:
17 ‘‘(VIII) costs related to the provi-
18 sion of personal protective equipment
19 for employees or other equipment or
20 supplies determined by the employer to
21 be necessary to protect the health and
22 safety of employees and the general
23 public;
24 ‘‘(IX) payments for inventory,
25 raw materials, or supplies; and
•HR 925 EAH
572
1 ‘‘(X) costs related to property
2 damage, vandalism, or looting due to
3 public disturbances that occurred dur-
4 ing 2020 that was not covered by in-
5 surance or other compensation.’’.
6 (b) FORGIVENESS.—
7 (1) DEFINITION OF EXPECTED FORGIVENESS
8 AMOUNT.—Section 1106(a)(7) of the CARES Act (15
9 U.S.C. 9005(a)(7)) is amended—
10 (A) in subparagraph (C), by striking ‘‘and’’
11 at the end;
12 (B) in subparagraph (D), by striking ‘‘and’’
13 at the end; and
14 (C) by adding at the end the following new
15 subparagraphs:
16 ‘‘(E) interest on any other debt obligations
17 that were incurred before the covered period;
18 ‘‘(F) any amount that was a loan made
19 under subsection (b)(2) that was refinanced as
20 part of a covered loan and authorized by section
21 7(a)(36)(F)(iv) of the Small Business Act;
22 ‘‘(G) payments made for the provision of
23 personal protective equipment for employees or
24 other equipment or supplies determined by the
•HR 925 EAH
573
1 employer to be necessary to protect the health
2 and safety of employees and the general public;
3 ‘‘(H) payments made for inventory, raw
4 materials, or supplies; and
5 ‘‘(I) payments related to property damage,
6 vandalism, or looting due to public disturbances
7 that occurred during 2020 that was not covered
8 by insurance or other compensation; and’’.
9 (2) FORGIVENESS.—Section 1106(b) of the
10 CARES Act (15 U.S.C. 9005(b)), is amended by add-
11 ing at the end the following new paragraphs:
12 ‘‘(5) Any payment of interest on any other debt
13 obligations that were incurred before the covered pe-
14 riod.
15 ‘‘(6) Any amount that was a loan made under
16 section 7(b)(2) of the Small Business Act that was re-
17 financed as part of a covered loan and authorized by
18 section 7(a)(36)(F)(iv) of such Act.
19 ‘‘(7) Any payment made for the provision of per-
20 sonal protective equipment for employees or other
21 equipment or supplies determined by the employer to
22 be necessary to protect the health and safety of em-
23 ployees.
24 ‘‘(8) Any payment made for inventory, raw ma-
25 terials, or supplies.
•HR 925 EAH
574
1 ‘‘(9) Any payments related to property damage,
2 vandalism, or looting due to public disturbances that
3 occurred during 2020 that was not covered by insur-
4 ance or other compensation.’’.
5 (3) CONFORMING AMENDMENTS.—Section 1106
6 of the CARES Act (15 U.S.C. 9005) is amended—
7 (A) in subsection (e), as amended by section
8 203—
9 (i) in paragraph (2), by striking ‘‘pay-
10 ments on covered mortgage obligations, pay-
11 ments on covered lease obligations, and cov-
12 ered utility payments’’ and inserting ‘‘pay-
13 ments or amounts refinanced described
14 under subsection (b) (other than payroll
15 costs)’’; and
16 (ii) in paragraph (3)(B), by striking
17 ‘‘, make interest payments’’ and all that fol-
18 lows through ‘‘or make covered utility pay-
19 ments’’ and inserting ‘‘, make payments de-
20 scribed under subsection (b), or that was re-
21 financed as part of a covered loan and au-
22 thorized by section 7(a)(36)(F)(iv) of the
23 Small Business Act’’; and
24 (B) in subsection (h), by striking ‘‘pay-
25 ments for payroll costs, payments on covered
•HR 925 EAH
575
1 mortgage obligations, payments on covered lease
2 obligations, or covered utility payments’’ each
3 place it appears and inserting ‘‘payments or
4 amounts refinanced described under subsection
5 (b)’’.
6 SEC. 207. DOCUMENTATION REQUIRED FOR CERTAIN ELIGI-
7 BLE RECIPIENTS.
8 Section 7(a)(36)(D)(ii)(II) of the Small Business Act
9 (15 U.S.C. 636(a)(36)(D)(ii)(II)) is amended by striking
10 ‘‘as is necessary’’ and all that follows through the period
11 at the end and inserting ‘‘as determined necessary by the
12 Administrator and the Secretary, to establish such indi-
13 vidual as eligible.’’.
14 SEC. 208. EXCLUSION OF CERTAIN PUBLICLY TRADED AND
15 FOREIGN ENTITIES.
16 Section 7(a)(36)(D) of the Small Business Act (15
17 U.S.C. 636(a)(36)(D)), as amended by section 204 is fur-
18 ther amended by adding at the end the following new clause:
19 ‘‘(x) EXCLUSION OF CERTAIN PUBLICLY
20 TRADED AND FOREIGN ENTITIES.—Effective
21 on the date of the enactment of this clause—
22 ‘‘(I) an issuer, the securities of
23 which are traded on a national securi-
24 ties exchange, is not eligible to receive
25 a covered loan under this section; and
•HR 925 EAH
576
1 ‘‘(II) an entity that is 51 percent
2 or more owned by a foreign person, or
3 the management and daily business
4 operations of which are controlled by a
5 foreign person (excluding an entity
6 owned and controlled by a person dom-
7 iciled in a territory or possession of the
8 United States), is not eligible to receive
9 a covered loan under this section.’’.
10 SEC. 209. ELECTION OF 12-WEEK PERIOD BY SEASONAL EM-
11 PLOYERS.
12 Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small Busi-
13 ness Act (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amend-
14 ed by striking ‘‘an applicant’’ and all that follows through
15 ‘‘June 30, 2019’’ and inserting the following: ‘‘an applicant
16 that is a seasonal employer, as determined by the Adminis-
17 trator, shall use the average total monthly payments for
18 payroll for any 12-week period selected by the seasonal em-
19 ployer between February 15, 2019, and December 31,
20 2019’’.
21 SEC. 210. INCLUSION OF CERTAIN REFINANCING IN NON-
22 RECOURSE REQUIREMENTS.
23 Section 7(a)(36)(F)(v) of the Small Business Act (15
24 U.S.C. 636(a)(36)(F)(v)) is amended by striking ‘‘clause
25 (i)’’ and inserting ‘‘clauses (i) and (iv)’’.
•HR 925 EAH
577
1 SEC. 211. CREDIT ELSEWHERE REQUIREMENTS.
2 Section 7(a)(36)(I) of the Small Business Act (15
3 U.S.C. 636(a)(36)(I)) is amended to read as follows:
4 ‘‘(I) CREDIT ELSEWHERE.—The require-
5 ment that a small business concern is unable to
6 obtain credit elsewhere (as defined in section
7 3(h))—
8 ‘‘(i) shall not apply to a covered loan
9 approved by the Administrator before the
10 date of enactment of this subparagraph; and
11 ‘‘(ii) shall only apply to covered loans
12 in an amount greater than $350,000 ap-
13 proved by the Administrator on or after the
14 date of the enactment of this subpara-
15 graph.’’.
16 SEC. 212. PROHIBITION ON RECEIVING DUPLICATIVE
17 AMOUNTS FOR PAYROLL COSTS.
18 (a) PAYCHECK PROTECTION PROGRAM.—Clause (iv) of
19 section 7(a)(36)(G) of the Small Business Act (15 U.S.C.
20 636(a)(36)(G)), as redesignated by section 206, is amend-
21 ed—
22 (1) by striking ‘‘December 31, 2020’’ and insert-
23 ing ‘‘June 30, 2020’’; and
24 (2) by striking ‘‘the same purpose and’’ and in-
25 serting ‘‘payments for payroll costs incurred during
26 such period’’.
•HR 925 EAH
578
1 (b) TREASURY PROGRAM.—Section 1109(f) of the
2 CARES Act (15 U.S.C. 9008(f)) is amended—
3 (1) in paragraph (1), by striking ‘‘for the same
4 purpose’’ and inserting ‘‘for payments for payroll
5 costs (as defined in section 7(a)(36)(A)(viii) of the
6 Small Business Act (15 U.S.C. 636(a)(36)(A)(viii))’’;
7 and
8 (2) in paragraph (2), by striking ‘‘December 31,
9 2020’’ and inserting ‘‘June 30, 2020’’.
10 SEC. 213. APPLICATION OF CERTAIN TERMS THROUGH LIFE
11 OF COVERED LOAN.
12 Section 7(a)(36) of the Small Business Act (15 U.S.C.
13 636(a)(36)) is amended—
14 (1) in subparagraph (H), by striking ‘‘During
15 the covered period, with’’ and inserting ‘‘With’’;
16 (2) in subparagraph (J), by striking ‘‘During
17 the covered period, with’’ and inserting ‘‘With’’;
18 (3) in subparagraph (M)—
19 (A) in clause (ii), by striking ‘‘During the
20 covered period, the’’ and inserting ‘‘The’’; and
21 (B) in clause (iii), by striking ‘‘During the
22 covered period, with’’ and inserting ‘‘With’’.
23 SEC. 214. INTEREST CALCULATION ON COVERED LOANS.
24 Section 7(a)(36)(L) of the Small Business Act (15
25 U.S.C. 636(a)(36)(L)) is amended by inserting ‘‘, calculated
•HR 925 EAH
579
1 on a non-compounding, non-adjustable basis’’ after ‘‘4 per-
2 cent’’.
3 SEC. 215. REIMBURSEMENT FOR PROCESSING.
4 Section 7(a)(36)(P) of the Small Business Act (15
5 U.S.C. 636(a)(36)(P)) is amended—
6 (1) in clause (ii), by inserting at the end the fol-
7 lowing: ‘‘Such fees shall be paid by the eligible recipi-
8 ent and may not be paid out of the proceeds of a cov-
9 ered loan. A lender shall only be responsible for pay-
10 ing fees to an agent for services for which such lender
11 directly contracts with such agent.’’; and
12 (2) by amending clause (iii) to read as follows:
13 ‘‘(iii) TIMING.—A reimbursement de-
14 scribed in clause (i) shall be made not later
15 than 5 days after the reported disbursement
16 of the covered loan and may not be required
17 to be repaid by a lender unless the lender is
18 found guilty of an act of fraud in connec-
19 tion with the covered loan.’’.
20 SEC. 216. DUPLICATION REQUIREMENTS FOR ECONOMIC
21 INJURY DISASTER LOAN RECIPIENTS.
22 Section 7(a)(36)(Q) of the Small Business Act (15
23 U.S.C. 636(a)(36)(Q)) is amended by striking ‘‘during the
24 period beginning on January 31, 2020, and ending on the
25 date on which covered loans are made available’’.
•HR 925 EAH
580
1 SEC. 217. REAPPLICATION FOR AND MODIFICATION TO PAY-
2 CHECK PROTECTION PROGRAM.
3 Not later than 7 days after the date of the enactment
4 of this Act, the Administrator shall issue rules or guidance
5 to ensure that an eligible recipient of a covered loan made
6 under section 7(a)(36) of the Small Business Act (15 U.S.C.
7 636(a)(36)) that returns amounts disbursed under such cov-
8 ered loan or does not accept the full amount of such covered
9 loan for which such eligible recipient was approved—
10 (1) in the case of an eligible recipient that re-
11 turned all or part of a covered loan, such eligible re-
12 cipient may reapply for a covered loan for an amount
13 equal to the difference between the amount retained
14 and the maximum amount applicable; and
15 (2) in the case of an eligible recipient that did
16 not accept the full amount of a covered loan, such eli-
17 gible recipient may request a modification to increase
18 the amount of the covered loan to the maximum
19 amount applicable, subject to the requirements of such
20 section 7(a)(36).
21 SEC. 218. TREATMENT OF CERTAIN CRIMINAL VIOLATIONS.
22 (a) IN GENERAL.—Section 7(a)(36) of the Small Busi-
23 ness Act (15 U.S.C. 636(a)(36)), as amended by section 101,
24 is further amended by adding at the end the following new
25 subparagraph:
•HR 925 EAH
581
1 ‘‘(U) TREATMENT OF CERTAIN CRIMINAL
2 VIOLATIONS.—
3 ‘‘(i) FINANCIAL FRAUD OR DECEP-
4 TION.—A entity that is a business, organi-
5 zation, cooperative, or enterprise may not
6 receive a covered loan if an owner of 20
7 percent or more of the equity of such entity,
8 during the 5-year period preceding the date
9 on which such entity applies for a covered
10 loan, has been convicted of a felony of fi-
11 nancial fraud or deception under Federal,
12 State, or Tribal law.
13 ‘‘(ii) ARRESTS OR CONVICTIONS.—An
14 entity that is a business, organization, co-
15 operative, or enterprise shall be an eligible
16 recipient notwithstanding a prior arrest or
17 conviction under Federal, State, or Tribal
18 law of an owner of 20 percent or more of
19 the equity of such entity, unless such owner
20 is currently incarcerated.
21 ‘‘(iii) WAIVER.—The Administrator
22 may waive the requirements of clause (i).’’.
23 (b) RULEMAKING.—Not later than 15 days after the
24 date of enactment of this Act, the Administrator shall make
•HR 925 EAH
582
1 necessary revisions to any rules to carry out the amendment
2 made by this section.
3 TITLE III—TAX PROVISIONS
4 SEC. 301. IMPROVED COORDINATION BETWEEN PAYCHECK
5 PROTECTION PROGRAM AND EMPLOYEE RE-
6 TENTION TAX CREDIT.
7 (a) AMENDMENT TO PAYCHECK PROTECTION PRO-
8 GRAM.—Section 1106(a)(8) of the CARES Act (15 U.S.C.
9 9005(a)(8)) is amended by inserting ‘‘, except that such
10 costs shall not include qualified wages taken into account
11 in determining the credit allowed under section 2301 of this
12 Act’’ before the period at the end.
13 (b) AMENDMENTS TO EMPLOYEE RETENTION TAX
14 CREDIT.—
15 (1) IN GENERAL.—Section 2301(g) of the
16 CARES Act (Public Law 116–136; 26 U.S.C. 3111
17 note) is amended to read as follows:
18 ‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO
19 ACCOUNT.—
20 ‘‘(1) IN GENERAL.—This section shall not apply
21 to so much of the qualified wages paid by an eligible
22 employer as such employer elects (at such time and
23 in such manner as the Secretary may prescribe) to
24 not take into account for purposes of this section.
•HR 925 EAH
583
1 ‘‘(2) COORDINATION WITH PAYCHECK PROTEC-
2 TION PROGRAM.—The Secretary, in consultation with
3 the Administrator of the Small Business Administra-
4 tion, shall issue guidance providing that payroll costs
5 paid or incurred during the covered period shall not
6 fail to be treated as qualified wages under this section
7 by reason of an election under paragraph (1) to the
8 extent that a covered loan of the eligible employer is
9 not forgiven by reason of a decision under section
10 1106(g). Terms used in the preceding sentence which
11 are also used in section 1106 shall have the same
12 meaning as when used in such section.’’.
13 (2) CONFORMING AMENDMENTS.—
14 (A) Section 2301 of the CARES Act (Public
15 Law 116–136; 26 U.S.C. 3111 note) is amended
16 by striking subsection (j).
17 (B) Section 2301(l) of the CARES Act
18 (Public Law 116–136; 26 U.S.C. 3111 note) is
19 amended by striking paragraph (3) and by re-
20 designating paragraphs (4) and (5) as para-
21 graphs (3) and (4), respectively.
22 (c) EFFECTIVE DATE.—The amendments made by this
23 section shall take effect as if included in the provisions of
24 the CARES Act (Public Law 116–136) to which they relate.
•HR 925 EAH
584
1 TITLE IV—COVID–19 ECONOMIC
2 INJURY DISASTER LOAN PRO-
3 GRAM REFORM
4 SEC. 401. SENSE OF CONGRESS.
5 It is the sense of Congress that—
6 (1) many businesses that have received economic
7 injury disaster loans under section 7(b)(2) of the
8 Small Business Act (15 U.S.C. 636(b)) continue to
9 suffer from the effects of the COVID–19 pandemic and
10 may not be in a position to make payments in the
11 near term;
12 (2) the Administrator of the Small Business Ad-
13 ministration has the authority under the Small Busi-
14 ness Act (15 U.S.C. 631 et seq.) to reduce the interest
15 charged on loans and to offer borrowers up to 4 years
16 of deferment on the payment of interest and prin-
17 cipal; and
18 (3) the Congress encourages the Administrator of
19 the Small Business Administration to use this discre-
20 tion to provide relief to the hardest hit small busi-
21 nesses that have received or will receive direct loans
22 from the Administration under section 7(b)(2) of the
23 Small Business Act (15 U.S.C. 636(b)(2)).
•HR 925 EAH
585
1 SEC. 402. NOTICES TO APPLICANTS FOR ECONOMIC INJURY
2 DISASTER LOANS OR ADVANCES.
3 Section 7(b)(11) of the Small Business Act (15 U.S.C.
4 636(b)(11) is amended—
5 (1) by striking ‘‘The Administrator’’ and insert-
6 ing the following:
7 ‘‘(A) IN GENERAL.—The Administrator’’;
8 and
9 (2) by adding at the end the following new sub-
10 paragraphs:
11 ‘‘(B) ACCEPTANCE CRITERIA AND QUALI-
12 FICATIONS.—In carrying out subparagraph (A),
13 the Administrator shall—
14 ‘‘(i) publish on the website of the Ad-
15 ministration a description of the rules
16 issued with respect to a loan made under
17 this subsection, which shall be clear and
18 easy to understand; and
19 ‘‘(ii) upon receiving an application for
20 a loan under this subsection, provide to the
21 loan applicant the description described in
22 clause (i).
23 ‘‘(C) RIGHT TO EXPLANATION OF DECLINED
24 LOAN OR ADVANCE.—
25 ‘‘(i) IN GENERAL.—The Administrator
26 shall—
•HR 925 EAH
586
1 ‘‘(I) provide all applicants for a
2 loan under this subsection or an ad-
3 vance under section 1110(e) of the
4 CARES Act for which the loan or ad-
5 vance application was fully or par-
6 tially denied with a complete written
7 application of the reason for the denial
8 at the time the decision is made;
9 ‘‘(II) establish a dedicated tele-
10 phonic information line and e-mail
11 address to respond to further inquiries
12 about denied applications described in
13 subclause (I); and
14 ‘‘(III) before fully or partially de-
15 nying an application for a loan under
16 this subsection or an advance under
17 such section 1110(e) because the appli-
18 cant submitted incomplete informa-
19 tion—
20 ‘‘(aa) contact the applicant
21 and give the applicant the oppor-
22 tunity to provide that informa-
23 tion; and
•HR 925 EAH
587
1 ‘‘(bb) reconsider the applica-
2 tion with any additional informa-
3 tion provided.
4 ‘‘(ii) SUBMISSION OF ADDITIONAL IN-
5 FORMATION.—An applicant for a loan
6 under this subsection or an advance under
7 section 1110(e) of the CARES Act that can
8 remedy the grounds for denial of the appli-
9 cation by submitting additional informa-
10 tion under clause (i)(III)—
11 ‘‘(I) shall have the opportunity to
12 do so directly with a loan officer; and
13 ‘‘(II) shall not be required to seek
14 a remedy through the appeals process
15 of the Administration.’’.
16 SEC. 403. MODIFICATIONS TO EMERGENCY EIDL ADVANCES.
17 Section 1110(e)(1) of division A of the CARES Act (15
18 U.S.C. 90009(e)) is amended to read as follows:
19 ‘‘(1) IN GENERAL.—During the covered period,
20 an entity included for eligibility in subsection (b), in-
21 cluding small business concerns, private nonprofit or-
22 ganizations, and small agricultural cooperatives, that
23 applies for a loan under section 7(b)(2) of the Small
24 Business Act (15 U.S.C. 636(b)(2)) in response to
25 COVID–19 shall be provided an advance that is, sub-
•HR 925 EAH
588
1 ject to paragraph (3), disbursed within 3 days after
2 the Administrator receives an application from such
3 entity, unless the advance is specifically declined by
4 such entity.’’.
5 SEC. 404. DATA TRANSPARENCY, VERIFICATION, AND NO-
6 TICES FOR ECONOMIC INJURY DISASTER
7 LOANS.
8 (a) IN GENERAL.—Section 1110 of the CARES Act (15
9 U.S.C. 9009) is amended—
10 (1) by redesignating subsection (f) as subsection
11 (j); and
12 (2) by inserting after subsection (e) the following
13 new subsections:
14 ‘‘(f) DATA TRANSPARENCY.—
15 ‘‘(1) IN GENERAL.—In this subsection, the term
16 ‘covered application’ means an application submitted
17 to the Administrator for a loan under section 7(b)(2)
18 of the Small Business Act (15 U.S.C. 636(b)(2)), in-
19 cluding an application for such a loan submitted by
20 an eligible entity.
21 ‘‘(2) WEEKLY REPORTS.—Not later than 1 week
22 after the date of enactment of this subsection, and
23 weekly thereafter until the end of the covered period,
24 the Administrator shall publish on the website of the
•HR 925 EAH
589
1 Administration a report that contains the following
2 information:
3 ‘‘(A) For the week covered by the report, the
4 number of covered applications that the Admin-
5 istrator—
6 ‘‘(i) received;
7 ‘‘(ii) processed; and
8 ‘‘(iii) approved and rejected, including
9 the percentage of covered applications that
10 the Administrator approved.
11 ‘‘(B) With respect to the covered applica-
12 tions that the Administrator approved during
13 that week, the number and dollar amount of the
14 loans made with respect to such applications as
15 part of a response to COVID–19.
16 ‘‘(C) The identification number, or other in-
17 dicator showing the order in which any applica-
18 tion was received and intended to be processed,
19 for the most recent covered application processed
20 by the Administrator.
21 ‘‘(D) Demographic data with respect to ap-
22 plicants submitting covered applications during
23 the week covered by the report and loans made
24 pursuant to covered applications during the week
25 covered by the report, which shall include—
•HR 925 EAH
590
1 ‘‘(i) with respect to each such appli-
2 cant or loan recipient, as applicable, infor-
3 mation regarding—
4 ‘‘(I) the geographic area in which
5 the applicant or loan recipient oper-
6 ates;
7 ‘‘(II) if applicable, the sex, race,
8 and ethnicity of each owner of the ap-
9 plicant or loan recipient, which the in-
10 dividual may decline to provide;
11 ‘‘(III) the annual revenue of the
12 applicant or loan recipient;
13 ‘‘(IV) the number of employees
14 employed by the applicant or loan re-
15 cipient;
16 ‘‘(V) whether the applicant or
17 loan recipient is a for-profit or non-
18 profit entity; and
19 ‘‘(VI) the industry in which the
20 applicant or loan recipient operates;
21 ‘‘(ii) the number of such loans made to
22 agricultural enterprises; and
23 ‘‘(iii) the average economic injury suf-
24 fered by—
•HR 925 EAH
591
1 ‘‘(I) applicants, the covered appli-
2 cations of which the Administrator ap-
3 proved; and
4 ‘‘(II) applicants, the covered ap-
5 plications of which the Administrator
6 rejected.
7 ‘‘(g) VERIFICATION OF BUSINESS ELIGIBILITY.—
8 ‘‘(1) IN GENERAL.—With respect to an applica-
9 tion submitted to the Administrator during the cov-
10 ered period for a loan under section 7(b)(2) of the
11 Small Business Act (15 U.S.C. 636(b)(2)) in response
12 to COVID–19, the Administrator shall verify that
13 each such applicant was in operation on January 31,
14 2020.
15 ‘‘(2) REPORT.—Not later than 30 days after the
16 date of enactment of this subsection, the Adminis-
17 trator shall submit to Congress a report that describes
18 the steps taken by the Administrator to perform the
19 verification required under paragraph (1).
20 ‘‘(3) SENSE OF CONGRESS.—It is the sense of
21 Congress that the verification required under para-
22 graph (1) constitutes oversight that the Administrator
23 is required to perform under paragraph (15) of sec-
24 tion 7(b) of the Small Business Act (15 U.S.C.
•HR 925 EAH
592
1 636(b)) with respect to entities receiving loans under
2 paragraph (2) of such section 7(b).
3 ‘‘(h) NOTIFICATIONS TO CONGRESS.—
4 ‘‘(1) DEFINITIONS.—In this subsection—
5 ‘‘(A) the term ‘appropriate committees of
6 Congress’ means—
7 ‘‘(i) the Committee on Small Business
8 and Entrepreneurship and the Sub-
9 committee on Financial Services and Gen-
10 eral Government of the Committee on Ap-
11 propriations of the Senate; and
12 ‘‘(ii) the Committee on Small Business
13 and the Subcommittee on Financial Serv-
14 ices and General Government of the Com-
15 mittee on Appropriations of the House of
16 Representatives; and
17 ‘‘(B) the term ‘covered program, project, or
18 activity’ means—
19 ‘‘(i) the program under this section;
20 ‘‘(ii) the loan program under section
21 7(b)(2) of the Small Business Act (15
22 U.S.C. 636(b)(2));
23 ‘‘(iii) the authorized activities for
24 amounts were appropriated in response to
25 the COVID–19 pandemic under the heading
•HR 925 EAH
593
1 ‘Small Business Administration—Salaries
2 and Expenses’; or
3 ‘‘(iv) any other program, project, or
4 activity for which funds are made available
5 to the Administration to respond to the
6 COVID–19 pandemic.
7 ‘‘(2) NOTICE OF APPROACHING FUNDING
8 LAPSE.—The Administrator shall submit to the ap-
9 propriate committees of Congress a notification not
10 later than 2 days after the date on which unobligated
11 balances of amounts appropriated for a fiscal year for
12 any covered program, project, or activity are less
13 than 25 percent of the total amount appropriated for
14 the covered program, project, or activity for such fis-
15 cal year.
16 ‘‘(3) MONTHLY REPORT.—The Administrator
17 shall submit to the appropriate committees of Con-
18 gress a monthly report detailing the current and fu-
19 ture planned uses of amounts appropriated in re-
20 sponse to the COVID–19 pandemic under the heading
21 ‘Small Business Administration—Salaries and Ex-
22 penses’, which shall include—
23 ‘‘(A) the number of employees hired and
24 contractors retained using such amounts;
•HR 925 EAH
594
1 ‘‘(B) the number of contracts with a total
2 cost of more than $5,000,000 entered into using
3 such amounts;
4 ‘‘(C) a list of all sole source contracts en-
5 tered into using such amounts; and
6 ‘‘(D) any program changes, regulatory ac-
7 tions, guidance issuances, or other initiatives re-
8 lating to the response to the COVID–19 pan-
9 demic.’’.
10 (b) RETROACTIVE COLLECTION.—As soon as is prac-
11 ticable after the date of enactment of this Act, the Adminis-
12 trator shall collect the information required under section
13 1110(f) of the CARES Act (15 U.S.C. 9009(f)), as amended
14 by subsection (a), from applicants that submitted covered
15 applications (as defined in such section 1110(f)) during the
16 period beginning on the date of enactment of the CARES
17 Act (Public Law 116–136) and ending on the date of enact-
18 ment of this Act.
19 SEC. 405. LIFELINE FUNDING FOR SMALL BUSINESS CON-
20 TINUITY, ADAPTATION, AND RESILIENCY.
21 Section 1110 of the CARES Act (15 U.S.C. 9009), as
22 amended by section 404, is further amended by inserting
23 after subsection (i) (as added by such section) the following
24 new subsection:
•HR 925 EAH
595
1 ‘‘(i) LIFELINE FUNDING FOR SMALL BUSINESS CON-
2 TINUITY, ADAPTATION, AND RESILIENCY.—
3 ‘‘(1) DEFINITIONS.—In this subsection:
4 ‘‘(A) AGRICULTURAL ENTERPRISE.—The
5 term ‘agricultural enterprise’ has the meaning
6 given the term in section 18(b) of the Small
7 Business Act (15 U.S.C. 647(b)).
8 ‘‘(B) COVERED ENTITY.—The term ‘covered
9 entity’—
10 ‘‘(i) means an eligible entity described
11 in subsection (b) of this section, if such eli-
12 gible entity—
13 ‘‘(I) has not more than 50 em-
14 ployees; and
15 ‘‘(II) has suffered an economic
16 loss of not less than 30 percent; and
17 ‘‘(ii) except with respect to an entity
18 included under section 123.300(c) of title
19 13, Code of Federal Regulations, or any
20 successor regulation, does not include an ag-
21 ricultural enterprise.
22 ‘‘(C) ECONOMIC LOSS.—The term ‘economic
23 loss’ means, with respect to a covered entity, the
24 amount by which the gross receipts of the covered
25 entity declined during an 8-week period between
•HR 925 EAH
596
1 March 2, 2020, and December 31, 2020 (as deter-
2 mined by the covered entity), relative to a com-
3 parable 8-week period immediately preceding
4 March 2, 2020, or during 2019 (as determined
5 by the covered entity).
6 ‘‘(D) ECONOMICALLY DISADVANTAGED INDI-
7 VIDUAL.—The term ‘economically disadvantaged
8 individual’ means an economically disadvan-
9 taged individual under section 124.104 of title
10 13, Code of Federal Regulations, or any successor
11 regulation.
12 ‘‘(E) LOW-INCOME COMMUNITY.—The term
13 ‘low-income community’ has the meaning given
14 the term in section 45D(e) of the Internal Rev-
15 enue Code of 1986.
16 ‘‘(F) REMOTE RECREATIONS ENTER-
17 PRISE.—The term ‘remote recreational enter-
18 prise’ means a covered entity that was in oper-
19 ation on or before March 1, 2020, that can docu-
20 ment an economic loss caused by the closure of
21 the United States and Canadian border that re-
22 stricted the ability of American customers to ac-
23 cess the location of the covered entity.
24 ‘‘(G) SMALL BUSINESS CONCERN.—The
25 term ‘small business concern’ has the meaning
•HR 925 EAH
597
1 given the term under section 3(a) of the Small
2 Business Act (15 U.S.C. 632(a)).
3 ‘‘(H) SOCIALLY DISADVANTAGED INDI-
4 VIDUAL.—The term ‘socially disadvantaged indi-
5 vidual’ means a socially disadvantaged indi-
6 vidual under section 124.103 of title 13, Code of
7 Federal Regulations, or any successor regulation.
8 ‘‘(2) PROCEDURE.—During the covered period, a
9 covered entity that applies for a loan under section
10 7(b)(2) of the Small Business Act (15 U.S.C.
11 636(b)(2)) may request that the Administrator pro-
12 vide funding for the purposes described in paragraph
13 (6).
14 ‘‘(3) VERIFICATION.—With respect to each re-
15 quest submitted by an entity under paragraph (2),
16 the Administrator shall—
17 ‘‘(A) not later than 14 days after the date
18 on which the Administrator receives the request,
19 verify whether the entity is a covered entity; and
20 ‘‘(B) if the Administrator verifies that the
21 entity is a covered entity under clause (i), and
22 subject to paragraph (8), disburse the funding re-
23 quested by the covered entity not later than 7
24 days after the date on which the Administrator
25 completes the verification.
•HR 925 EAH
598
1 ‘‘(4) ORDER OF PROCESSING.—Subject to para-
2 graph (8), the Administrator shall process and ap-
3 prove requests submitted under paragraph (2) in the
4 order the Administrator receives the requests.
5 ‘‘(5) AMOUNT OF FUNDING.—
6 ‘‘(A) IN GENERAL.—The amount of funding
7 provided to a covered entity that submits a re-
8 quest under paragraph (2) shall be in an
9 amount that is the lesser of—
10 ‘‘(i) the amount of working capital
11 needed by the covered entity for the 180-day
12 period beginning on the date on which the
13 covered entity would receive the funding, as
14 determined by the Administrator using a
15 methodology that is identical to the method-
16 ology used by the Administrator to deter-
17 mine working capital needs with respect to
18 an application for a loan submitted under
19 section 7(b)(2) of the Small Business Act
20 (15 U.S.C. 636(b)(2)); or
21 ‘‘(ii) $50,000.
22 ‘‘(B) ENTITLEMENT TO FULL AMOUNT.—A
23 covered entity that receives funding pursuant to
24 a request submitted under paragraph (2) shall be
25 entitled to receive the full amount of that fund-
•HR 925 EAH
599
1 ing, as determined under subparagraph (A),
2 without regard to—
3 ‘‘(i) if the applicable loan for which the
4 covered entity has applied under section
5 7(b)(2) of the Small Business Act (15
6 U.S.C. 636(b)(2)) is approved, the amount
7 of the loan;
8 ‘‘(ii) whether the covered entity accepts
9 the offer of the Administrator with respect
10 to an approved loan described in clause (i);
11 or
12 ‘‘(iii) whether the covered entity has
13 previously received any amounts under sub-
14 section (e).
15 ‘‘(6) USE OF FUNDS.—A covered entity that re-
16 ceives funding under this subsection—
17 ‘‘(A) may use the funding—
18 ‘‘(i) for any purpose for which a loan
19 received under section 7(b)(2) of the Small
20 Business Act (15 U.S.C. 636(b)(2)) may be
21 used;
22 ‘‘(ii) for working capital needs, includ-
23 ing investments to implement adaptive
24 changes or resiliency strategies to help the
•HR 925 EAH
600
1 eligible entity maintain business continuity
2 during the COVID–19 pandemic; or
3 ‘‘(iii) to repay any unpaid amount
4 of—
5 ‘‘(I) a loan received under sub-
6 section (a)(36) or (b)(2) of section 7 of
7 the Small Business Act (15 U.S.C.
8 636); or
9 ‘‘(II) mortgage interest; and
10 ‘‘(B) may not use the funding to pay any
11 loan debt, except as provided in subparagraph
12 (A)(iii).
13 ‘‘(7) APPLICABILITY.—In addition to any other
14 restriction imposed under this subsection, any eligi-
15 bility restriction applicable to a loan made under sec-
16 tion 7(b)(2) of the Small Business Act (15 U.S.C.
17 636(b)(2)), including any restriction under section
18 123.300 or 123.301 of title 13, Code of Federal Regu-
19 lations, or any successor regulation, shall apply with
20 respect to funding provided under this subsection.
21 ‘‘(8) PRIORITY.—During the 56-day period be-
22 ginning on the date of enactment of this subsection,
23 the Administrator may approve a request for funding
24 under this subsection only if the request is submitted
25 by—
•HR 925 EAH
601
1 ‘‘(A) a covered entity located in a low-in-
2 come community;
3 ‘‘(B) a covered entity owned or controlled
4 by a veteran or a member of the Armed Forces;
5 ‘‘(C) a covered entity owned or controlled by
6 an economically disadvantaged individual or a
7 socially disadvantaged individual; or
8 ‘‘(D) a remote recreational enterprise.
9 ‘‘(9) ADMINISTRATION.—In carrying out this
10 subsection, the Administrator may rely on loan offi-
11 cers and other personnel of the Office of Disaster As-
12 sistance of the Administration and other resources of
13 the Administration, including contractors of the Ad-
14 ministration.
15 ‘‘(10) RETROACTIVE EFFECT.—Any covered enti-
16 ty that, during the period beginning on January 1,
17 2020, and ending on the day before the date of enact-
18 ment of this subsection, applied for a loan under sec-
19 tion 7(b)(2) of the Small Business Act (15 U.S.C.
20 636(b)(2)) may submit to the Administrator a request
21 under paragraph (2) with respect to that loan.
22 ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—
23 There are authorized to be appropriated to the Ad-
24 ministrator $40,000,000,000 to carry out this sub-
•HR 925 EAH
602
1 section, which shall remain available through Decem-
2 ber 31, 2020, of which—
3 ‘‘(A) $20,00,000,000 is authorized to be ap-
4 propriated to provide funding to covered entities
5 described in paragraph (8); and
6 ‘‘(B) $20,000,000 is authorized to be appro-
7 priated to the Inspector General of the Adminis-
8 tration to prevent waste, fraud, and abuse with
9 respect to funding provided under this sub-
10 section.’’.
11 SEC. 406. MODIFICATIONS TO ECONOMIC INJURY DISASTER
12 LOANS.
13 (a) LOANS FOR NEW BORROWERS.—With respect to a
14 loan made under section 7(b)(2) of the Small Business Act
15 (15 U.S.C. 636(b)(2)) to a borrower adversely impacted by
16 COVID–19 during the period beginning on the date of en-
17 actment of this Act and ending on December 31, 2020—
18 (1) the borrower shall be eligible for a loan in an
19 amount equal to 6 months of working capital if the
20 borrower otherwise meets the underwriting standards
21 established by the Administration; and
22 (2) the Administrator—
23 (A) shall not impose a maximum loan
24 amount limit that is lower than $2,000,000; and
•HR 925 EAH
603
1 (B) shall not disqualify any applicant for
2 such a loan due to the criminal history or arrest
3 record of the applicant, except in the case of an
4 applicant that, during the 5-year period pre-
5 ceding the date on which the applicant submits
6 an application, has been convicted—
7 (i) of a felony offense involving fraud,
8 bribery, or embezzlement in any State or
9 Federal court; or
10 (ii) in connection with a false state-
11 ment made in—
12 (I) a loan application; or
13 (II) an application for Federal fi-
14 nancial assistance.
15 (b) ADDITIONAL LOAN FOR EXISTING BORROWERS.—
16 (1) IN GENERAL.—A recipient of a loan made
17 under section 7(b)(2) of the Small Business Act (15
18 U.S.C. 636(b)(2)) to a borrower adversely impacted
19 by COVID–19 during the period beginning on Janu-
20 ary 31, 2020, and ending on the date of enactment
21 of this Act may submit to the Administrator a request
22 for an additional amount to increase in the amount
23 of that loan, provided that the aggregate amount re-
24 ceived under such section by the recipient during that
25 period shall be not more than the lesser of—
•HR 925 EAH
604
1 (A) an amount equal to 6 months of work-
2 ing capital for the recipient; and
3 (B) $2,000,000; and
4 (2) CONSIDERATION.—In considering a request
5 submitted under paragraph (1), the Administrator—
6 (A) may not recalculate the economic injury
7 or creditworthiness of the borrower; and
8 (B) shall issue a determination based on the
9 documentation submitted by the borrower for the
10 initial loan under such section 7(b)(2), any other
11 new information voluntarily provided by the
12 borrower, and any information obtained to pre-
13 vent fraud or abuse.
14 (3) ADDITIONAL DOCUMENTATION.—If the Ad-
15 ministrator of the Small Business Administration re-
16 quires a borrower making a request under paragraph
17 (1) to provide additional documentation, the Admin-
18 istrator shall—
19 (A) publish those documentation require-
20 ments on the website of the Administration not
21 later than 7 days after the date of enactment of
22 this Act; and
23 (B) proactively provide those requirements
24 to any such borrower that received a loan de-
25 scribed in paragraph (1).
•HR 925 EAH
605
1 SEC. 407. PRINCIPAL AND INTEREST PAYMENTS FOR CER-
2 TAIN DISASTER LOANS.
3 (a) IN GENERAL.—The Administrator shall pay the
4 principal, interest, and any associated fees that are owed
5 on a physical disaster loan or a covered EIDL loan as fol-
6 lows:
7 (1) With respect to a physical disaster loan—
8 (A) not in deferment, for the 12-month pe-
9 riod beginning with the next payment due on
10 such loan;
11 (B) in deferment, for the 12-month period
12 beginning with the next payment due on such
13 loan after the deferment period; and
14 (C) made on or after the date of enactment
15 of this Act, for the 12-month period beginning
16 with the first payment due on such loan.
17 (2) With respect to a covered EIDL loan—
18 (A) not in deferment, for the 12-month pe-
19 riod beginning with the next payment due on
20 such loan; and
21 (B) in deferment, for the 12-month period
22 beginning with the next payment due on such
23 loan after the deferment period.
24 (b) TIMING OF PAYMENT.—The Administrator shall
25 begin making payments under subsection (a) not later than
•HR 925 EAH
606
1 30 days after the date on which the first such payment is
2 due.
3 (c) APPLICATION OF PAYMENT.—Any payment made
4 by the Administrator under subsection (a) shall be applied
5 to the physical disaster loan or a covered EIDL loan (as
6 applicable) such that the borrower is relieved of the obliga-
7 tion to pay that amount.
8 (d) DEFINITIONS.—In this section:
9 (1) PHYSICAL DISASTER LOAN.—The term
10 ‘‘physical disaster loan’’ means a loan made under
11 section 7(b)(1) of the Small Business Act (15 U.S.C.
12 636(b)(1)) in a regular servicing status.
13 (2) COVERED EIDL LOAN.—The term ‘‘covered
14 EIDL loan’’ means a loan made under section 7(b)(2)
15 of the Small Business Act (15 U.S.C. 636(b)(2))
16 that—
17 (A) was approved by the Administrator be-
18 fore February 15, 2020; and
19 (B) is in a regular servicing status.
20 SEC. 408. TRAINING.
21 The Administrator shall develop and implement a
22 plan to train any staff responsible for implementing or ad-
23 ministering the loan program established under section
24 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) on
25 specific responsibilities with respect to such program. Such
•HR 925 EAH
607
1 plan shall be submitted to the Committee on Small Business
2 of the House of Representatives and the Committee on
3 Small Business and Entrepreneurship of the Senate.
4 SEC. 409. OUTREACH PLAN.
5 Not later than 30 days after the date of the enactment
6 of this Act, the Administrator shall submit to the Committee
7 on Small Business of the House of Representatives and the
8 Committee on Small Business and Entrepreneurship of the
9 Senate an outreach plan to clearly communicate program
10 and policy changes to all offices of the Administration,
11 small business development centers (as defined in section
12 3 of the Small Business Act (15 U.S.C. 632)), women’s busi-
13 ness centers (described under section 29 of such Act (15
14 U.S.C. 656)), chapters of the Service Corps of Retired Ex-
15 ecutives (established under section 8(b)(1)(B) of such Act
16 (15 U.S.C. 637(b)(1)(B))), Veteran Business Outreach Cen-
17 ters (described under section 32 of such Act (15 U.S.C.
18 657b)), Members of Congress, congressional committees,
19 small business concerns (as defined in section 3 of such Act
20 (15 U.S.C. 632)), and the public.
21 SEC. 410. REPORT ON BEST PRACTICES.
22 Not later than 60 days after the date of the enactment
23 of this Act, the Administrator shall submit to the Committee
24 on Small Business of the House of Representatives and the
25 Committee on Small Business and Entrepreneurship of the
•HR 925 EAH
608
1 Senate a report on outlining the best practices to admin-
2 ister the loan program established under section 7(b)(2) of
3 the Small Business Act (15 U.S.C. 636(b)(2)) during a pan-
4 demic.
5 SEC. 411. EXTENSION OF PERIOD OF AVAILABILITY FOR AD-
6 MINISTRATIVE FUNDS.
7 Section 1107(a) of the CARES Act (15 U.S.C.
8 9006(a)) is amended in the matter preceding paragraph (1)
9 by striking ‘‘until September 30, 2021’’ and inserting
10 ‘‘until December 31, 2021, for amounts appropriated under
11 paragraph (2), and until September 30, 2021, for all other
12 amounts appropriated under this subsection’’.
13 TITLE V—MICRO-SBIC AND EQ-
14 UITY INVESTMENT ENHANCE-
15 MENT
16 SEC. 501. MICRO-SBIC PROGRAM.
17 Title III of the Small Business Investment Act of 1958
18 (15 U.S.C. 681 et seq.) is amended by adding at the end
19 the following:
20 ‘‘PART D—MICRO-SBIC PROGRAM
21 ‘‘SEC. 399A. MICRO-SBIC PROGRAM.
22 ‘‘(a) ESTABLISHMENT.—There is established in the Ad-
23 ministration a program to be known as the ‘Micro-SBIC
24 Program’ under which the Administrator shall issue a li-
25 cense to an applicant for the purpose of making loans to
•HR 925 EAH
609
1 and investments in small business concerns. An applicant
2 licensed under this section shall have the same benefits as
3 an applicant licensed under section 301.
4 ‘‘(b) ELIGIBILITY.—An applicant desiring to receive a
5 license to operate as a micro-SBIC shall submit an applica-
6 tion to the Administrator at such time, in such manner,
7 and containing such information as the Administrator may
8 require, including—
9 ‘‘(1) evidence that the applicant holds private
10 capital of not less than $5,000,000;
11 ‘‘(2) evidence that the management of the appli-
12 cant is qualified and has significant business exper-
13 tise relevant to the applicant’s strategy; and
14 ‘‘(3) an election to receive a seed investment
15 under section 399C or leverage from the Adminis-
16 trator.
17 ‘‘(c) ISSUANCE OF LICENSE.—
18 ‘‘(1) PROCEDURES.—
19 ‘‘(A) STATUS.—Not later than 90 days after
20 the initial receipt by the Administrator of an
21 application under this subsection, the Adminis-
22 trator shall provide the applicant with a written
23 report detailing the status of the application and
24 any requirements remaining for completion of
25 the application.
•HR 925 EAH
610
1 ‘‘(B) APPROVAL OR DISAPPROVAL.—Except
2 as provided in subparagraph (C) and within a
3 reasonable time after providing the report under
4 subparagraph (A) and in accordance with such
5 requirements as the Administrator may prescribe
6 by regulation, the Administrator shall—
7 ‘‘(i) approve the application and issue
8 to the applicant a license to operate as a
9 micro-SBIC; or
10 ‘‘(ii) disapprove the application and
11 notify the applicant in writing of the dis-
12 approval.
13 ‘‘(C) PROVISIONAL APPROVAL.—The Admin-
14 istrator may provide provisional approval for an
15 applicant for a period of not more than 12
16 months before making a final determination of
17 approval or disapproval under subparagraph
18 (B).
19 ‘‘(D) EXPLANATION OF DISAPPROVAL.—An
20 applicant may submit to the Administrator a re-
21 quest for a written explanation regarding the
22 disapproval of an application under subpara-
23 graph (B)(ii).
24 ‘‘(2) APPEALS.—
•HR 925 EAH
611
1 ‘‘(A) DISAPPROVED APPLICATIONS.—With
2 respect to an application that is disapproved
3 under paragraph (1)(B)(iii)—
4 ‘‘(i) not later than 30 days after the
5 date on which the application is dis-
6 approved, the applicant may submit an ap-
7 peal to the Chair of the Investment Division
8 Licensing Committee of the Administration
9 (referred to in this subparagraph as the
10 ‘Chair’); and
11 ‘‘(ii) not later than 30 days after the
12 date on which the applicant submits an ap-
13 peal under clause (i), the Chair shall issue
14 a ruling with respect to the appeal and no-
15 tify the applicant regarding such ruling.
16 ‘‘(B) DENIAL OF APPEAL.—With respect to
17 an application that the Chair denies in an ap-
18 peal submitted under subparagraph (A)—
19 ‘‘(i) not later than 30 days after the
20 date on which the Chair submits the notifi-
21 cation required under subparagraph (A)(ii),
22 the applicant may submit to the Adminis-
23 trator an appeal of the ruling made by the
24 Chair; and
•HR 925 EAH
612
1 ‘‘(ii) not later than 30 days after the
2 date on which the applicant submits an ap-
3 peal under clause (i), the Administrator
4 shall issue a final ruling with respect to the
5 appeal and notify the applicant regarding
6 such ruling.
7 ‘‘(3) PRIORITY.—In reviewing applications and
8 issuing licenses under this section, the Administrator
9 shall give priority to an applicant the management
10 of which consists of at least two socially disadvan-
11 taged individuals or economically disadvantaged in-
12 dividuals and at least one track record investment
13 committee member.
14 ‘‘(4) EXPEDITED PROCEDURES.—The Adminis-
15 trator shall establish expedited procedures for the con-
16 sideration of an application submitted under sub-
17 section (b), including a written report under para-
18 graph (1)(A) not later than 45 days after the initial
19 receipt of an application, for—
20 ‘‘(A) a small business investment companies
21 licensed under section 301;
22 ‘‘(B) a rural business investment company;
23 or
24 ‘‘(C) a bank-owned applicant.
25 ‘‘(d) MAXIMUM LEVERAGE.—
•HR 925 EAH
613
1 ‘‘(1) IN GENERAL.—For a micro-SBIC that elects
2 to receive leverage under subsection (b)(3), the max-
3 imum amount of outstanding leverage made available
4 to any one micro-SBIC may not exceed—
5 ‘‘(A) 50 percent of the private capital of
6 such micro-SBIC, not to exceed $25,000,000; or
7 ‘‘(B) in the case of a micro-SBIC owned by
8 persons who also own a small business invest-
9 ment company licensed under section 301, 100
10 percent of the private capital of such micro-
11 SBIC, not to exceed $50,000,000.
12 ‘‘(2) INVESTMENTS IN CERTAIN BUSINESSES.—In
13 calculating the outstanding leverage of a micro-SBIC
14 for purposes of paragraph (1), the Administrator
15 shall exclude the amount of the cost basis of any in-
16 vestments made in an early-stage small business,
17 growth-stage small business, scale-up small business,
18 or covered small business in an amount not to ex-
19 ceed—
20 ‘‘(A) $25,000,000; or
21 ‘‘(B) in the case of a micro-SBIC owned by
22 persons who also own a small business invest-
23 ment company licensed under section 301,
24 $50,000,000.
•HR 925 EAH
614
1 ‘‘SEC. 399B. MICRO-SBIC PROGRAM REQUIREMENTS.
2 ‘‘(a) SURRENDER OF LICENSE.—A micro-SBIC that
3 voluntarily surrenders a license issued under this section
4 shall enter into an agreement with Administrator for the
5 repayment of leverage received. Such agreement may not
6 require the micro-SBIC to immediately repay all leverage
7 received.
8 ‘‘(b) ADMINISTRATION.—To the extent practicable, for
9 a micro-SBIC that elects to receive leverage under section
10 399A(b)(3), the Administrator shall administer the Micro-
11 SBIC Program in a similar manner to the program under
12 section 301.
13 ‘‘SEC. 399C. SEED INVESTMENT PROGRAM.
14 ‘‘(a) ESTABLISHMENT.—The Administrator shall es-
15 tablish and carry out an equity investment program (in
16 this part referred to as the ‘Seed Investment Program’) to
17 provide seed investments to a micro-SBIC to invest in small
18 business concerns.
19 ‘‘(b) APPLICATION.—A micro-SBIC that elects to re-
20 ceive a seed investment under section 399A(b)(3) shall sub-
21 mit to the Administrator an application that includes the
22 following:
23 ‘‘(1) A business plan describing how the appli-
24 cant intends to make successful investments in early-
25 stage small businesses, growth-stage small businesses,
•HR 925 EAH
615
1 scale-up small businesses, or covered small businesses,
2 as applicable.
3 ‘‘(2) A description of the extent to which the ap-
4 plicant meets the selection criteria under subsection
5 (c).
6 ‘‘(c) SELECTION.—
7 ‘‘(1) IN GENERAL.—Not later than 90 days after
8 the date of receipt of an application under subsection
9 (b), the Administrator shall make a final determina-
10 tion to approve or disapprove the applicant as a par-
11 ticipant in the Seed Investment Program and shall
12 submit such determination to the applicant in writ-
13 ing.
14 ‘‘(2) CRITERIA.—In making a determination
15 under paragraph (1), the Administrator shall con-
16 sider each of the following criteria:
17 ‘‘(A) The likelihood that the applicant will
18 meet the goals specified in the business plan of
19 the applicant.
20 ‘‘(B) The likelihood that the investments of
21 the applicant will directly and indirectly create
22 or preserve jobs.
23 ‘‘(C) The character and fitness of the man-
24 agement of the applicant.
•HR 925 EAH
616
1 ‘‘(D) The experience and background of the
2 management of the applicant.
3 ‘‘(E) The extent to which the applicant will
4 concentrate investment activities on early-stage
5 small businesses, growth-stage small businesses,
6 scale-up small businesses, or covered small busi-
7 nesses, as applicable.
8 ‘‘(F) The likelihood that the applicant will
9 achieve profitability.
10 ‘‘(G) The experience of the management of
11 the applicant with respect to establishing a prof-
12 itable investment track record.
13 ‘‘SEC. 399D. REQUIREMENTS FOR SEED INVESTMENTS.
14 ‘‘(a) IN GENERAL.—The Administrator may make one
15 seed investment to a Program participant, which shall be
16 held in an account from which the Program participant
17 may make withdrawals.
18 ‘‘(b) AMOUNTS.—
19 ‘‘(1) NON-FEDERAL CAPITAL.—A seed investment
20 made to a Program participant may not exceed the
21 amount of capital of such Program participant
22 that—
23 ‘‘(A) is not from a Federal source; and
24 ‘‘(B) that is available for investment, in-
25 cluding through legally binding commitments, on
•HR 925 EAH
617
1 or before the date on which the seed investment
2 is approved.
3 ‘‘(2) LIMITATION ON AMOUNT.—The amount of a
4 seed investment made to a Program participant may
5 not exceed the lesser of—
6 ‘‘(A) $25,000,000; or
7 ‘‘(B) 100 percent of the private capital com-
8 mitted to the Program participant.
9 ‘‘(c) PROCESS.—
10 ‘‘(1) IN GENERAL.—Amounts held in an account
11 under this section shall remain available to a Pro-
12 gram participant—
13 ‘‘(A) for initial seed investments, during the
14 5-year period beginning on the date on which the
15 Program participant first accesses amounts from
16 the account; and
17 ‘‘(B) for follow-on investments and manage-
18 ment fees, during the 10-year period beginning
19 on the date on which the Program participant
20 first accesses amounts from the account.
21 ‘‘(2) EXTENSION.—Upon request by a Program
22 participant, the Administrator may grant a 1-year
23 extension of the period described in paragraph (1)(B)
24 not more than 2 times.
•HR 925 EAH
618
1 ‘‘(3) USE OF AMOUNTS.—A Program participant
2 shall invest all amounts in the account during the 10-
3 year period beginning on the date on which the Pro-
4 gram participant first accesses amounts from the ac-
5 count.
6 ‘‘(d) PRIORITY.—The Administrator shall prioritize
7 making seed investments under this section to Program par-
8 ticipants in underlicensed States.
9 ‘‘(e) INVESTMENTS IN CERTAIN BUSINESSES.—
10 ‘‘(1) IN GENERAL.—A Program participant that
11 receives a seed investment under this part shall make
12 all of the investments of such Program participant in
13 small business concerns, of which at least 50 percent
14 shall be in covered small businesses.
15 ‘‘(2) MINORITY POSITIONS.—On the date on
16 which a Program participant first accesses amounts
17 from such seed investment, the Program participant
18 may not own or control not more than 50 percent of
19 the shares of any small business concern in which
20 such Program participant invests. A Program partic-
21 ipant shall not pursue a buyout strategy as a pri-
22 mary purpose of an investment in such a small busi-
23 ness concern, but may take control in follow-on in-
24 vestments if necessary for the success of any such
25 small business concern.
•HR 925 EAH
619
1 ‘‘(3) EVALUATION OF COMPLIANCE.—The Admin-
2 istrator shall evaluate the compliance of a Program
3 participant with the requirements under this section
4 once such Program participant has expended 75 per-
5 cent of the amount of a seed investment made under
6 this part.
7 ‘‘(f) SEED INVESTMENT INTEREST.—
8 ‘‘(1) IN GENERAL.—
9 ‘‘(A) IN GENERAL.—Subject to paragraph
10 (4), a Program participant that receives a seed
11 investment under the Program shall convey a
12 seed investment interest to the Administrator in
13 accordance with subparagraph (B).
14 ‘‘(B) EFFECT OF CONVEYANCE.—The seed
15 investment interest conveyed under paragraph
16 (1) shall have all the rights and attributes of
17 other investors with respect to the Program par-
18 ticipant, but shall not assign control or voting
19 rights to the Administrator. The seed investment
20 interest shall entitle the Administrator to a pro
21 rata portion of any distributions made by the
22 Program participant equal to the percentage of
23 capital in the Program participant that the seed
24 investment comprises. The Administrator shall
25 receive distributions from the Program partici-
•HR 925 EAH
620
1 pant at the same times and in the same amounts
2 as any other investor in the Program partici-
3 pant with a similar interest. The Program par-
4 ticipant shall make allocations of income, gain,
5 loss, deduction, and credit to the Administrator
6 with respect to the seed investment interest as if
7 the Administrator were an investor.
8 ‘‘(2) MANAGER PROFITS.—The manager profits
9 interest payable to the managers of a Program partic-
10 ipant shall not exceed 20 percent of profits, exclusive
11 of any profits that may accrue as a result of the cap-
12 ital contributions of any such managers with respect
13 to such Program participant. Any excess of this
14 amount, less taxes payable thereon, shall be returned
15 by the managers and paid to the investors and the
16 Administrator in proportion to the capital contribu-
17 tions and seed investments paid in. No manager prof-
18 its interest (other than a tax distribution) shall be
19 paid prior to the repayment to the investors and the
20 Administrator of all contributed capital and seed in-
21 vestments made. A manager of a Program partici-
22 pant may charge reasonable and customary manage-
23 ment and organizational fees.
24 ‘‘(3) DISTRIBUTION REQUIREMENTS.—A Pro-
25 gram participant that receives a seed investment
•HR 925 EAH
621
1 under the Program shall make all distributions to all
2 investors in cash and shall make distributions within
3 a reasonable time after exiting investments, including
4 following a public offering or market sale of under-
5 lying investments.
6 ‘‘(4) LIMITATION ON GRANT PROFITS.—Once the
7 Administrator has received an amount equal to 110
8 percent of the amount of the seed investment made to
9 a Program participant, the requirement to convey
10 seed investment interest under this subsection shall be
11 terminated and no further distributions of profits
12 shall be made to the Administrator.
13 ‘‘SEC. 399E. ADMINISTRATION.
14 ‘‘(a) ELECTRONIC SUBMISSIONS.—The Administrator
15 shall permit the electronic submission of any document sub-
16 mitted under this part or pursuant to a regulation carrying
17 out this part, including by permitting an electronic signa-
18 ture for any signature that is required on such a document.
19 ‘‘(b) APPLICATION OF PENALTIES.—To the extent not
20 inconsistent with requirements under this part, the Admin-
21 istrator may take such action as set forth in sections 309,
22 311, 312, 313, and 314 to activities under this part and
23 an officer, director, employee, agent, or other participant
24 in a micro-SBIC shall be subject to the requirements under
25 such sections.
•HR 925 EAH
622
1 ‘‘SEC. 399F. REPORT.
2 ‘‘The Administrator shall include in the annual report
3 required under section 10(a) of the Small Business Act a
4 description of—
5 ‘‘(1) the number of applications received under
6 this part, including the number of applications re-
7 ceived from applicants for which the management
8 consists of at least two socially disadvantaged indi-
9 viduals or economically disadvantaged individuals;
10 and
11 ‘‘(2) the number of licenses issued under section
12 399A, including the number of such licenses issued to
13 applicants for which the management consists of at
14 least two socially disadvantaged individuals or eco-
15 nomically disadvantaged individuals.
16 ‘‘SEC. 399G. DEFINITIONS.
17 ‘‘In this part:
18 ‘‘(1) APPLICANT.—The term ‘applicant’ means—
19 ‘‘(A) an incorporated body, a limited liabil-
20 ity corporation, or a limited partnership orga-
21 nized and chartered or otherwise existing under
22 State law solely for the purpose of performing
23 the functions and conducting the activities con-
24 templated under this section; or
25 ‘‘(B) a bank-owned applicant, rural busi-
26 ness investment company, or small business in-
•HR 925 EAH
623
1 vestment company licensed under section 301
2 that submits an application to operate as a
3 micro-SBIC under section 399A.
4 ‘‘(2) BANK-OWNED APPLICANT.—the term ‘bank-
5 owned applicant’ means an applicant for a license to
6 operate as a small business investment company
7 under this part that—
8 ‘‘(A) is a national bank or any member
9 bank of the Federal Reserve System or non-
10 member insured bank that bears the same name
11 as the small business investment company that is
12 the subject of the application;
13 ‘‘(B) is domestically domiciled within the
14 United States; and
15 ‘‘(C) has not had a license issued under this
16 Act revoked or involuntarily surrendered during
17 the 10-year period preceding the date on which
18 the application is submitted;
19 ‘‘(3) COVERED SMALL BUSINESS.—The term ‘cov-
20 ered small business’ means a small business concern
21 that—
22 ‘‘(A) is a small business concern owned and
23 controlled by women (as defined in section 3(n)
24 of the Small Business Act), small business con-
25 cern owned and controlled by socially and eco-
•HR 925 EAH
624
1 nomically disadvantaged individuals (as defined
2 in section 8(d)(3)(C) of such Act), a small busi-
3 ness concern owned and controlled by veterans
4 (as defined in section 3(q) of such Act) or a
5 Tribal business concern (as described in section
6 31(b)(2)(C) of such Act);
7 ‘‘(B) has its principal place of business lo-
8 cated in a rural census tract (as determined
9 under the most recent rural urban commuting
10 area code as set forth by the Office of Manage-
11 ment and Budget);
12 ‘‘(C) is a domestic manufacturing business
13 that is assigned a North American Industry
14 Classification System code beginning with 31,
15 32, or 33 at the time at which the small business
16 concern receives an investment from a micro-
17 SBIC under this section; or
18 ‘‘(D) either—
19 ‘‘(i) had gross receipts during the first
20 or second quarter in 2020 that are not less
21 than 50 percent less than the gross receipts
22 of the concern during the same quarter in
23 2019;
24 ‘‘(ii) if the concern was not in business
25 during the first or second quarter of 2019,
•HR 925 EAH
625
1 but was in business during the third and
2 fourth quarter of 2019, had gross receipts
3 during the first or second quarter of 2020
4 that are less than 50 percent of the amount
5 of the gross receipts of the concern during
6 the third or fourth quarter of 2019;
7 ‘‘(iii) if the concern was not in busi-
8 ness during the first, second, or third quar-
9 ter of 2019, but was in business during the
10 fourth quarter of 2019, had gross receipts
11 during the first or second quarter of 2020
12 that are less than 50 percent of the amount
13 of the gross receipts of the concern during
14 the fourth quarter of 2019; or
15 ‘‘(iv) if the concern was not in business
16 during 2019, but was in operation on Feb-
17 ruary 15, 2020, had gross receipts during
18 the second quarter of 2020 that are less than
19 50 percent of the amount of the gross re-
20 ceipts of the concern during the first quarter
21 of 2020.
22 ‘‘(4) EARLY-STAGE SMALL BUSINESS.—The term
23 ‘early-stage small business’ means a small business
24 concern that—
•HR 925 EAH
626
1 ‘‘(A) is domestically domiciled within the
2 United States;
3 ‘‘(B) during the 3-year period preceding the
4 date of application, has not generated gross an-
5 nual sales revenues exceeding $15,000,000;
6 ‘‘(C) produces a majority of its goods or
7 provides a majority of its services in the United
8 States; and
9 ‘‘(D) does not move production or employ-
10 ment outside the United States.
11 ‘‘(5) ECONOMICALLY DISADVANTAGED INDI-
12 VIDUAL; SOCIALLY DISADVANTAGED INDIVIDUAL.—The
13 terms ‘economically disadvantaged individual’ and
14 ‘socially disadvantaged individual’ have the meanings
15 given, respectively, in section 8(a) of the Small Busi-
16 ness Act.
17 ‘‘(6) GROWTH-STAGE SMALL BUSINESS.—The
18 term ‘growth-stage small business’ means a small
19 business concern that—
20 ‘‘(A) is domestically domiciled within the
21 United States;
22 ‘‘(B) during the 3-year period preceding the
23 date of application, has not generated gross an-
24 nual sales revenues exceeding $30,000,000;
•HR 925 EAH
627
1 ‘‘(C) produces a majority of its good or pro-
2 vides a majority of its services in the United
3 States; and
4 ‘‘(D) does not move production or employ-
5 ment outside the United States.
6 ‘‘(7) MANAGEMENT.—The term ‘management’
7 means a general partner of an applicant or member
8 of the investment committee of an applicant.
9 ‘‘(8) MICRO-SBIC.—The term ‘micro-SBIC’
10 means an applicant licensed under section 399A.
11 ‘‘(9) PROGRAM PARTICIPANT.—The term ‘Pro-
12 gram participant’ means a micro-SBIC that received
13 a seed investment under the Seed Investment Program
14 established by section 399C.
15 ‘‘(10) SCALE-UP SMALL BUSINESS.—The term
16 ‘scale-up small business’ means a small business con-
17 cern that—
18 ‘‘(A) is domestically domiciled within the
19 United States;
20 ‘‘(B) during the 3-year period preceding the
21 date of application, has not generated earnings
22 before interest, tax, depreciation, and amortiza-
23 tion in excess of $3,000,000;
•HR 925 EAH
628
1 ‘‘(C) produces a majority of its goods or
2 provides a majority of its services in the United
3 States; and
4 ‘‘(D) does not move production or employ-
5 ment outside the United States.
6 ‘‘(11) SMALL BUSINESS CONCERN.—The term
7 ‘small business concern’ has the meaning given under
8 section 3(a) of the Small Business Act (15 U.S.C.
9 632(a)).
10 ‘‘(12) TRACK RECORD INVESTMENT COMMITTEE
11 MEMBER.—The term ‘track record investment com-
12 mittee member’ means a current or former small busi-
13 ness investment company licensed under section 301,
14 a private small- and lower-middle-market venture
15 capital firm, or a private equity fund manager with
16 the knowledge, experience, and capability necessary to
17 serve as management for an applicant.
18 ‘‘(13) UNITED STATES.—The term ‘United
19 States’ means each of the several States, the District
20 of Columbia, each territory or possession of the
21 United States, and each federally recognized Indian
22 Tribe.
23 ‘‘SEC. 399H. FUNDING.
24 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is
25 authorized to be appropriated to the revolving fund estab-
•HR 925 EAH
629
1 lished under subsection (b) $1,000,000,000 for the first full
2 fiscal year beginning after the date of the enactment of this
3 part to carry out the requirements of this part.
4 ‘‘(b) REVOLVING FUND.—There is created within the
5 Administration a separate revolving fund for the Seed In-
6 vestment Program established under section 399C, which
7 shall be available to the Administrator subject to annual
8 appropriations. All amounts received by the Administrator,
9 including any money, property, or assets derived by the Ad-
10 ministrator from operations in connection with the Seed
11 Investment Program, including repayments of seed invest-
12 ments, shall be deposited in the revolving fund. All expenses
13 and payments, excluding administrative expenses, pursuant
14 to the operations of the Administrator under the Seed In-
15 vestment Program shall be paid from the revolving fund.’’.
16 TITLE VI—MISCELLANEOUS
17 SEC. 601. REPEAL OF UNEMPLOYMENT GRANTS.
18 Section 1110(e)(6) of the CARES Act (15 U.S.C. 9009)
19 is repealed.
20 SEC. 602. SUBSIDY FOR CERTAIN LOAN PAYMENTS.
21 (a) IN GENERAL.—Section 1112 of the CARES Act (15
22 U.S.C. 9011) is amended—
23 (1) in subsection (c)—
24 (A) in paragraph (1)—
•HR 925 EAH
630
1 (i) in the matter preceding subpara-
2 graph (A), by inserting ‘‘, without regard to
3 the date on which the covered loan is fully
4 disbursed and subject to availability of
5 funds’’ after ‘‘status’’; and
6 (ii) by amending subparagraphs (A),
7 (B), and (C) to read as follows:
8 ‘‘(A) with respect to a covered loan ap-
9 proved by the Administration before the date of
10 enactment of this Act and not on deferment—
11 ‘‘(i) except as provided in clauses (ii)
12 and (iii), for the 6-month period beginning
13 with the next payment due on the covered
14 loan after the covered loan is fully dis-
15 bursed;
16 ‘‘(ii) for the 11-month period begin-
17 ning with the next payment due on the cov-
18 ered loan after the covered loan is fully dis-
19 bursed, with respect to a covered loan
20 that—
21 ‘‘(I) is described in subsection
22 (a)(1)(B) or is a loan guaranteed by
23 the Administration under section 7(a)
24 of the Small Business Act (15 U.S.C.
25 636(a)) other than a loan described in
•HR 925 EAH
631
1 clause (i) or (ii) of subsection
2 (a)(1)(A); and
3 ‘‘(II) is made to a borrower oper-
4 ating primarily in an industry that is
5 assigned a North American Industry
6 Classification System code beginning
7 with 21, 31, 32, 33, 44, 45, 48, 49, 51,
8 53, 54, 56, 62, or 81; and
9 ‘‘(iii) for the 18-month period begin-
10 ning with the next payment due on the cov-
11 ered loan after the covered loan is fully dis-
12 bursed, with respect to—
13 ‘‘(I) a covered loan described in
14 paragraph (1)(A)(i) or paragraph (2)
15 of subsection (a); or
16 ‘‘(II) any covered loan made to a
17 borrower operating primarily in an
18 industry that is assigned a North
19 American Industry Classification Sys-
20 tem code of 485510 or that begins with
21 61, 71, or 72;
22 ‘‘(B) with respect to a covered loan ap-
23 proved by the Administration before the date of
24 enactment of this Act and on deferment—
•HR 925 EAH
632
1 ‘‘(i) except as provided in clauses (ii)
2 and (iii), for the 6-month period beginning
3 with the next payment due on the covered
4 loan after the deferment period and after
5 the covered loan is fully disbursed;
6 ‘‘(ii) for the 11-month period begin-
7 ning with the next payment due on the cov-
8 ered loan after the deferment period and
9 after the covered loan is fully disbursed,
10 with respect to a covered loan described in
11 subclause (I) or (II) of subparagraph
12 (A)(ii); and
13 ‘‘(iii) for the 18-month period begin-
14 ning with the next payment due on the cov-
15 ered loan after the deferment period and
16 after the covered loan is fully disbursed,
17 with respect to a covered loan described in
18 subclause (I) or (II) of subparagraph
19 (A)(iii); and
20 ‘‘(C) with respect to a covered loan made
21 during the period beginning on the date of enact-
22 ment of this Act and ending on the date that is
23 30 months after such date of enactment—
24 ‘‘(i) except as provided in clause (ii),
25 for the 6-month period beginning with the
•HR 925 EAH
633
1 first payment due after the loan is fully dis-
2 bursed; and
3 ‘‘(ii) for a covered loan described in
4 paragraph (1)(A)(i) or (2) of subsection (a)
5 that is approved by the Administrator, for
6 the 18-month period beginning with the
7 first payment due after the loan is fully dis-
8 bursed.’’; and
9 (B) by adding at the end the following:
10 ‘‘(4) ADDITIONAL PROVISIONS FOR NEW
11 LOANS.—With respect to a loan described in para-
12 graph (1)(C)—
13 ‘‘(A) the Administrator may further extend
14 the 30-month period described in paragraph
15 (1)(C) if there are sufficient funds to continue
16 those payments; and
17 ‘‘(B) during the underwriting process, a
18 lender of such a loan may consider the payments
19 under this section as part of a comprehensive re-
20 view to determine the ability to repay.
21 ‘‘(5) ELIGIBILITY.—Eligibility for a covered loan
22 to receive such payments of principal, interest, and
23 any associated fees under this subsection shall be
24 based on the date on which the covered loan is ap-
25 proved by the Administration.
•HR 925 EAH
634
1 ‘‘(6) AUTHORITY TO REVISE EXTENSIONS.—
2 ‘‘(A) IN GENERAL.—As part of preparing
3 the reports under subsection (i)(5) that are re-
4 quired to be submitted not later than January
5 15, 2021, and not later than June 15, 2021, the
6 Administrator shall conduct an evaluation of
7 whether amounts made available to make pay-
8 ments under this subsection are sufficient to
9 make the payments for the period described in
10 paragraph (1).
11 ‘‘(B) PLAN.—If the Administrator deter-
12 mines under subparagraph (A) that the amounts
13 made available to make payments under this
14 subsection are insufficient, the Administrator
15 shall—
16 ‘‘(i) develop a plan to proportionally
17 reduce the number of months provided for
18 each period described in paragraph (1),
19 which shall include the goal of using all
20 available amounts made available to make
21 payments under this subsection; and
22 ‘‘(ii) before taking action under the
23 plan developed under clause (i), include in
24 the applicable report under subsection (i)(5)
•HR 925 EAH
635
1 the plan and the data that informs the
2 plan.
3 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this
4 subsection shall preclude a borrower from receiving
5 full payments of principal, interest, and any associ-
6 ated fees as authorized by subsection, regardless of the
7 application of a plan implemented under paragraph
8 (6)(B).’’;
9 (2) by redesignating subsection (f) as subsection
10 (j); and
11 (3) by inserting after subsection (e) the following:
12 ‘‘(f) ELIGIBILITY FOR NEW LOANS.—
13 ‘‘(1) IN GENERAL.—With respect to a covered
14 loan made on or after the date of enactment of the
15 PPP and EIDL Enhancement Act of 2020, the cov-
16 ered loan shall have a maturity of not less than 48
17 months in order to be eligible for payments made
18 under this section.
19 ‘‘(2) LENDING PROGRAMS.—The minimum ma-
20 turity requirements of paragraph (1) shall not pro-
21 hibit the Administrators from establishing a min-
22 imum maturity of longer than 48 months for a loan
23 described under subsection (a), taking into consider-
24 ation the normal underwriting requirements for each
25 such program.
•HR 925 EAH
636
1 ‘‘(g) LIMITATION ON ASSISTANCE.—A borrower may
2 not receive assistance under subsection (c) for more than
3 1 covered loan of the borrower described in paragraph
4 (1)(C) of that subsection.
5 ‘‘(h) REPORTING AND OUTREACH.—
6 ‘‘(1) UPDATE TO WEBSITE.—Not later than 7
7 days after the date of enactment of the PPP and
8 EIDL Enhancement Act of 2020, the Administrator
9 shall update the website of the Administration to de-
10 scribe the requirements relating to payments made
11 under this section.
12 ‘‘(2) PUBLICATION OF LIST.—Not later than 14
13 days after the date of enactment of the PPP and
14 EIDL Enhancement Act of 2020, the Administrator
15 shall transmit to each lender of a covered loan a list
16 of each borrower of a covered loan that includes the
17 North American Industry Classification System code
18 assigned to the borrower, to assist the lenders in iden-
19 tifying which borrowers qualify for an extension of
20 payments under subsection (c).
21 ‘‘(3) EDUCATION AND OUTREACH.—
22 ‘‘(A) IN GENERAL.—The Administrator
23 shall provide education and outreach to lenders,
24 borrowers, district offices, and resource partners
25 of the Administration in order to ensure full and
•HR 925 EAH
637
1 proper compliance with this section, encourage
2 broad participation with respect to covered loans
3 that have not yet been approved by the Adminis-
4 trator, and help lenders transition borrowers
5 from subsidy payments under this section di-
6 rectly to a deferral when suitable for the bor-
7 rower.
8 ‘‘(B) RESOURCE PARTNERS DEFINED.—In
9 this paragraph, the term ‘resource partners ’
10 means small business development centers (as de-
11 fined in section 3 of the Small Business Act (15
12 U.S.C. 632)), women’s business centers (described
13 under section 29 of such Act (15 U.S.C. 656)),
14 chapters of the Service Corps of Retired Execu-
15 tives (established under section 8(b)(1)(B) of such
16 Act (15 U.S.C. 637(b)(1)(B))), and Veteran
17 Business Outreach Centers (described under sec-
18 tion 32 of such Act (15 U.S.C. 657b)).
19 ‘‘(4) NOTIFICATION.—Not later than 30 days
20 after the date of enactment of the PPP and EIDL En-
21 hancement Act of 2020, the Administrator shall mail
22 a letter to each borrower of a covered loan that in-
23 cludes—
24 ‘‘(A) an overview of payments made under
25 this section;
•HR 925 EAH
638
1 ‘‘(B) the rights of the borrower to receive
2 such payments;
3 ‘‘(C) how to seek recourse with the Adminis-
4 trator or the lender of the covered loan if the bor-
5 rower has not received such payments; and
6 ‘‘(D) the rights of the borrower to request a
7 loan deferral from a lender, and guidance on
8 how to do successfully transition directly to a
9 loan deferral once subsidy payments under this
10 section are concluded.
11 ‘‘(5) MONTHLY REPORTING.—Not later than the
12 15th of each month beginning after the date of enact-
13 ment of the PPP and EIDL Enhancement Act of
14 2020, the Administrator shall submit to Congress a
15 report on payments made under this section, which
16 shall include—
17 ‘‘(A) monthly and cumulative data on pay-
18 ments made under this section as of the date of
19 the report, including a breakdown by—
20 ‘‘(i) the number of participating bor-
21 rowers;
22 ‘‘(ii) the volume of payments made for
23 each type of covered loan; and
24 ‘‘(iii) the volume of payments made for
25 covered loans made before the date of enact-
•HR 925 EAH
639
1 ment of this Act and loans made after such
2 date of enactment;
3 ‘‘(B) the names of any lenders of covered
4 loans that have not submitted information on the
5 covered loans to the Administrator during the
6 preceding month; and
7 ‘‘(C) an update on the education and out-
8 reach activities of the Administration carried out
9 under paragraph (3).
10 ‘‘(i) REGULATIONS.—Not later than 30 days after the
11 date of enactment of the PPP and EIDL Enhancement Act
12 of 2020, the Administrator shall issue rules to guard
13 against abuse or excessive and unintended use by lenders
14 or borrowers of the payments provided under this section.’’.
15 (b) EFFECTIVE DATE.—The amendments made by this
16 section shall apply as if included in the enactment of section
17 1112 of the CARES Act (15 U.S.C. 9011).
18 SEC. 603. MODIFICATIONS TO 7(a) LOAN PROGRAMS.
19 (a) 7(a) LOAN GUARANTEES.—
20 (1) IN GENERAL.—Section 7(a)(2)(A) of the
21 Small Business Act (15 U.S.C. 636(a)(2)(A)) is
22 amended by striking ‘‘), such participation by the Ad-
23 ministration shall be equal to’’ and all that follows
24 through the period at the end and inserting ‘‘or the
25 Community Advantage Pilot Program of the Admin-
•HR 925 EAH
640
1 istration), such participation by the Administration
2 shall be equal to 90 percent of the balance of the fi-
3 nancing outstanding at the time of disbursement of
4 the loan.’’.
5 (2) PROSPECTIVE REPEAL.—Effective October 1,
6 2021, section 7(a)(2)(A) of the Small Business Act
7 (15 U.S.C. 636(a)(2)(A)), as amended by paragraph
8 (1), is amended to read as follows:
9 ‘‘(A) IN GENERAL.—Except as provided in
10 subparagraphs (B), (D), (E), and (F), in an
11 agreement to participate in a loan on a deferred
12 basis under this subsection (including a loan
13 made under the Preferred Lenders Program),
14 such participation by the Administration shall
15 be equal to—
16 ‘‘(i) 75 percent of the balance of the fi-
17 nancing outstanding at the time of dis-
18 bursement of the loan, if such balance ex-
19 ceeds $150,000; or
20 ‘‘(ii) 85 percent of the balance of the fi-
21 nancing outstanding at the time of dis-
22 bursement of the loan, if such balance is less
23 than or equal to $150,000.’’.
24 (b) EXPRESS LOANS.—
•HR 925 EAH
641
1 (1) LOAN AMOUNT.—Section 1102(c)(2) of the
2 CARES Act (Public Law 116–36; 15 U.S.C. 636
3 note) is amended to read as follows:
4 ‘‘(2) PROSPECTIVE REPEAL.—Section
5 7(a)(31)(D) of the Small Business Act (15 U.S.C.
6 ‘‘(A) by striking ‘$1,000,000’ and inserting
7 ‘$500,000’, effective during the period beginning
8 on January 1, 2021, and ending on September
9 30, 2021; and
10 ‘‘(B) (B) by striking ‘$500,000’ and insert-
11 ing ‘$350,000’, effective October 1, 2021.’’.
12 (2) GUARANTEE RATES.—
13 (A) TEMPORARY MODIFICATION.—Section
14 7(a)(31)(A)(iv) of the Small Business Act (15
15 U.S.C. 636(a)(31)(A)(iv)) is amended by striking
16 ‘‘with a guaranty rate of not more than 50 per-
17 cent.’’ and inserting the following: ‘‘with a guar-
18 antee rate—
19 ‘‘(I) for a loan in an amount less
20 than or equal to $350,000, of not more
21 than 75 percent; and
22 ‘‘(II) for a loan in an amount
23 greater than $350,000, of not more
24 than 50 percent.’’.
•HR 925 EAH
642
1 (B) PROSPECTIVE REPEAL.—Effective Octo-
2 ber 1, 2021, section 7(a)(31)(A)(iv) of the Small
3 Business Act (15 U.S.C. 636(a)(31)), as amended
4 by subparagraph (A), is amended by striking
5 ‘‘guarantee rate’’ and all that follows through the
6 period at the end and inserting ‘‘guarantee rate
7 of not more than 50 percent.’’.
8 SEC. 604. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(A)
9 LOANS.
10 Section 7(a)(7) of the Small Business Act (15 U.S.C.
11 636(a)(7)) is amended—
12 (1) by striking ‘‘The Administration’’ and in-
13 serting ‘‘(A) IN GENERAL.—The Administrator’’;
14 (2) by inserting ‘‘and interest’’ after ‘‘principal’’;
15 and
16 (3) by adding at the end the following new sub-
17 paragraphs:
18 ‘‘(B) DEFERRAL REQUIREMENTS.—With respect
19 to a deferral provided under this paragraph, the Ad-
20 ministrator may allow lenders under this sub-
21 section—
22 ‘‘(i) to provide full payment deferment relief
23 (including payment of principal and interest)
24 for a period of not more than 1 year; and
•HR 925 EAH
643
1 ‘‘(ii) to provide an additional deferment pe-
2 riod if the borrower provides documentation jus-
3 tifying such additional deferment.
4 ‘‘(C) SECONDARY MARKET.—If an investor de-
5 clines to approve a deferral or additional deferment
6 requested by a lender under subparagraph (B), the
7 Administrator shall exercise the authority to purchase
8 the loan so that the borrower may receive full pay-
9 ment deferment relief (including payment of prin-
10 cipal and interest) or an additional deferment as de-
11 scribed under subparagraph (B).’’.
12 SEC. 605. RECOVERY ASSISTANCE UNDER THE MICROLOAN
13 PROGRAM.
14 (a) LOANS TO INTERMEDIARIES.—
15 (1) IN GENERAL.—Section 7(m) of the Small
16 Business Act (15 U.S.C. 636(m)) is amended—
17 (A) in paragraph (3)(C)—
18 (i) by striking ‘‘and $6,000,000’’ and
19 inserting ‘‘$10,000,000 (in the aggregate)’’;
20 and
21 (ii) by inserting before the period at
22 the end the following: ‘‘, and $4,500,000 in
23 any of those remaining years’’;
24 (B) in paragraph (4)—
•HR 925 EAH
644
1 (i) in subparagraph (A), by striking
2 ‘‘subparagraph (C)’’ each place that term
3 appears and inserting ‘‘subparagraphs (C)
4 and (G)’’;
5 (ii) in subparagraph (C), by amending
6 clause (i) to read as follows:
7 ‘‘(i) IN GENERAL.—In addition to
8 grants made under subparagraph (A) or
9 (G), each intermediary shall be eligible to
10 receive a grant equal to 5 percent of the
11 total outstanding balance of loans made to
12 the intermediary under this subsection if—
13 ‘‘(I) the intermediary provides not
14 less than 25 percent of its loans to
15 small business concerns located in or
16 owned by one or more residents of an
17 economically distressed area; or
18 ‘‘(II) the intermediary has a port-
19 folio of loans made under this sub-
20 section—
21 ‘‘(aa) that averages not more
22 than $10,000 during the period of
23 the intermediary’s participation
24 in the program; or
•HR 925 EAH
645
1 ‘‘(bb) of which not less than
2 25 percent is serving rural areas
3 during the period of the
4 intermediary’s participation in
5 the program.’’; and
6 (iii) by adding at the end the following
7 new subparagraph:
8 ‘‘(G) GRANT AMOUNTS BASED ON APPRO-
9 PRIATIONS.—In any fiscal year in which the
10 amount appropriated to make grants under sub-
11 paragraph (A) is sufficient to provide to each
12 intermediary that receives a loan under para-
13 graph (1)(B)(i) a grant of not less than 25 per-
14 cent of the total outstanding balance of loans
15 made to the intermediary under this subsection,
16 the Administration shall make a grant under
17 subparagraph (A) to each intermediary of not
18 less than 25 percent and not more than 30 per-
19 cent of that total outstanding balance for the
20 intermediary.’’;
21 (C) by striking paragraph (7) and inserting
22 the following:
23 ‘‘(7) PROGRAM FUNDING FOR MICROLOANS.—
24 Under the program authorized by this subsection, the
•HR 925 EAH
646
1 Administration may fund, on a competitive basis, not
2 more than 300 intermediaries.’’; and
3 (D) in paragraph (11)—
4 (i) in subparagraph (C)(ii), by strik-
5 ing all after the semicolon and inserting
6 ‘‘and’’; and
7 (ii) by striking all after subparagraph
8 (C), and inserting the following:
9 ‘‘(D) the term ‘economically distressed area’,
10 as used in paragraph (4), means a county or
11 equivalent division of local government of a
12 State in which the small business concern is lo-
13 cated, in which, according to the most recent
14 data available from the Bureau of the Census,
15 Department of Commerce, not less than 40 per-
16 cent of residents have an annual income that is
17 at or below the poverty level.’’.
18 (2) PROSPECTIVE AMENDMENT.—Effective on
19 October 1, 2021, section 7(m)(3)(C) of the Small
20 Business Act (15 U.S.C. 636(m)(3)(C)), as amended
21 by paragraph (1)(A), is further amended—
22 (A) by striking ‘‘$10,000,000’’ and by in-
23 serting ‘‘$7,000,000’’; and
24 (B) by striking ‘‘$4,500,000’’ and inserting
25 ‘‘$3,000,000’’.
•HR 925 EAH
647
1 (b) TEMPORARY WAIVER OF TECHNICAL ASSISTANCE
2 GRANTS MATCHING REQUIREMENTS AND FLEXIBILITY ON
3 PRE- AND POST-LOAN ASSISTANCE.—During the period be-
4 ginning on the date of enactment of this section and ending
5 on September 30, 2021, the Administration shall waive—
6 (1) the requirement to contribute non-Federal
7 funds under section 7(m)(4)(B) of the Small Business
8 Act (15 U.S.C. 636(m)(4)(B)); and
9 (2) the limitation on amounts allowed to be ex-
10 pended to provide information and technical assist-
11 ance under clause (i) of section 7(m)(4)(E) of the
12 Small Business Act (15 U.S.C. 636(m)(4)(E)) and
13 enter into third-party contracts to provide technical
14 assistance under clause (ii) of such section
15 7(m)(4)(E).
16 (c) TEMPORARY DURATION OF LOANS TO BOR-
17 ROWERS.—
18 (1) IN GENERAL.—During the period beginning
19 on the date of enactment of this section and ending
20 on September 30, 2021, the duration of a loan made
21 by an eligible intermediary under section 7(m) of the
22 Small Business Act (15 U.S.C. 636(m))—
23 (A) to an existing borrower may be ex-
24 tended to not more than 8 years; and
•HR 925 EAH
648
1 (B) to a new borrower may be not more
2 than 8 years.
3 (2) REVERSION.—On and after October 1, 2021,
4 the duration of a loan made by an eligible inter-
5 mediary to a borrower under section 7(m) of the
6 Small Business Act (15 U.S.C. 636(m)) shall be 7
7 years or such other amount established by the Admin-
8 istrator.
9 (d) FUNDING.—Section 20 of the Small Business Act
10 (15 U.S.C. 631 note) is amended by adding at the end the
11 following new subsection:
12 ‘‘(h) MICROLOAN PROGRAM.—For each of fiscal years
13 2021 through 2025, the Administration is authorized to
14 make—
15 ‘‘(1) $80,000,000 in technical assistance grants,
16 as provided in section 7(m); and
17 ‘‘(2) $110,000,000 in direct loans, as provided in
18 section 7(m).’’.
19 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi-
20 tion to amounts provided under the Consolidated Appro-
21 priations Act, 2020 (Public Law 116–93) for the program
22 established under section 7(m) of the Small Business Act
23 (15 U.S.C. 636(m)), there is authorized to be appropriated
24 for fiscal year 2020, to remain available until expended—
•HR 925 EAH
649
1 (1) $50,000,000 to provide technical assistance
2 grants under such section 7(m); and
3 (2) $7,000,000 to provide direct loans under such
4 section 7(m).
5 SEC. 606. MAXIMUM LOAN AMOUNT FOR 504 LOANS.
6 (a) PERMANENT INCREASE FOR SMALL MANUFACTUR-
7 ERS.—Section 502(2)(A)(iii) of the Small Business Invest-
8 ment Act of 1958 (15 U.S.C. 696(2)(A)(iii)) is amended
9 by striking ‘‘$5,500,000’’ and inserting ‘‘$6,500,000’’.
10 (b) LOW-INTEREST REFINANCING UNDER THE LOCAL
11 DEVELOPMENT BUSINESS LOAN PROGRAM.—
12 (1) REPEAL.—Section 521(a) of title V of divi-
13 sion E of the Consolidated Appropriations Act, 2016
14 (Public Law 114–113; 129 Stat. 2463; 15 U.S.C. 696
15 note) is repealed.
16 (2) REFINANCING.—Section 502(7) of the Small
17 Business Investment Act of 1958 (15 U.S.C. 696(7))
18 is amended by adding at the end the following new
19 subparagraph:
20 ‘‘(C) REFINANCING NOT INVOLVING EXPAN-
21 SIONS.—
22 ‘‘(i) DEFINITIONS.—In this subpara-
23 graph—
24 ‘‘(I) the term ‘borrower’ means a
25 small business concern that submits an
•HR 925 EAH
650
1 application to a development company
2 for financing under this subparagraph;
3 ‘‘(II) the term ‘eligible fixed asset’
4 means tangible property relating to
5 which the Administrator may provide
6 financing under this section; and
7 ‘‘(III) the term ‘qualified debt’
8 means indebtedness that—
9 ‘‘(aa) was incurred not less
10 than 6 months before the date of
11 the application for assistance
12 under this subparagraph;
13 ‘‘(bb) is a commercial loan;
14 ‘‘(cc) the proceeds of which
15 were used to acquire an eligible
16 fixed asset;
17 ‘‘(dd) was incurred for the
18 benefit of the small business con-
19 cern; and
20 ‘‘(ee) is collateralized by eli-
21 gible fixed assets; and
22 ‘‘(ii) AUTHORITY.—A project that does
23 not involve the expansion of a small busi-
24 ness concern may include the refinancing of
25 qualified debt if—
•HR 925 EAH
651
1 ‘‘(I) the amount of the financing
2 is not more than 90 percent of the
3 value of the collateral for the financing,
4 except that, if the appraised value of
5 the eligible fixed assets serving as col-
6 lateral for the financing is less than
7 the amount equal to 125 percent of the
8 amount of the financing, the borrower
9 may provide additional cash or other
10 collateral to eliminate any deficiency;
11 ‘‘(II) the borrower has been in op-
12 eration for all of the 2-year period end-
13 ing on the date the loan application is
14 submitted; and
15 ‘‘(III) for a financing for which
16 the Administrator determines there
17 will be an additional cost attributable
18 to the refinancing of the qualified debt,
19 the borrower agrees to pay a fee in an
20 amount equal to the anticipated addi-
21 tional cost.
22 ‘‘(iii) FINANCING FOR BUSINESS EX-
23 PENSES.—
24 ‘‘(I) FINANCING FOR BUSINESS
25 EXPENSES.—The Administrator may
•HR 925 EAH
652
1 provide financing to a borrower that
2 receives financing that includes a refi-
3 nancing of qualified debt under clause
4 (ii), in addition to the refinancing
5 under clause (ii), to be used solely for
6 the payment of business expenses.
7 ‘‘(II) APPLICATION FOR FINANC-
8 ING.—An application for financing
9 under subclause (I) shall include—
10 ‘‘(aa) a specific description
11 of the expenses for which the addi-
12 tional financing is requested; and
13 ‘‘(bb) an itemization of the
14 amount of each expense.
15 ‘‘(III) CONDITION ON ADDITIONAL
16 FINANCING.—A borrower may not use
17 any part of the financing under this
18 clause for non-business purposes.
19 ‘‘(iv) LOANS BASED ON JOBS.—
20 ‘‘(I) JOB CREATION AND RETEN-
21 TION GOALS.—
22 ‘‘(aa) IN GENERAL.—The Ad-
23 ministrator may provide financ-
24 ing under this subparagraph for a
25 borrower that meets the job cre-
•HR 925 EAH
653
1 ation goals under subsection (d)
2 or (e) of section 501.
3 ‘‘(bb) ALTERNATE JOB RE-
4 TENTION GOAL.—The Adminis-
5 trator may provide financing
6 under this subparagraph to a bor-
7 rower that does not meet the goals
8 described in item (aa) in an
9 amount that is not more than the
10 product obtained by multiplying
11 the number of employees of the
12 borrower by $75,000.
13 ‘‘(II) NUMBER OF EMPLOYEES.—
14 For purposes of subclause (I), the num-
15 ber of employees of a borrower is equal
16 to the sum of—
17 ‘‘(aa) the number of full-
18 time employees of the borrower on
19 the date on which the borrower
20 applies for a loan under this sub-
21 paragraph; and
22 ‘‘(bb) the product obtained by
23 multiplying—
24 ‘‘(AA) the number of
25 part-time employees of the
•HR 925 EAH
654
1 borrower on the date on
2 which the borrower applies
3 for a loan under this sub-
4 paragraph, by
5 ‘‘(BB) the quotient ob-
6 tained by dividing the aver-
7 age number of hours each
8 part time employee of the
9 borrower works each week by
10 40.
11 ‘‘(vi) TOTAL AMOUNT OF LOANS.—The
12 Administrator may provide not more than
13 a total of $7,500,000,000 of financing under
14 this subparagraph for each fiscal year.’’.
15 (c) REFINANCING SENIOR PROJECT DEBT.—During
16 the 1-year period beginning on the date of the enactment
17 of this Act, a development company described under title
18 V of the Small Business Investment Act of 1958 (15 U.S.C.
19 695 et seq.) is authorized to allow the refinancing of a sen-
20 ior loan on an existing project in an amount that, when
21 combined with the outstanding balance on the development
22 company loan, is not more than 90 percent of the total
23 value of the senior loan. Proceeds of such refinancing can
24 be used to support business operating expenses of such devel-
25 opment company.
•HR 925 EAH
655
1 SEC. 607. TEMPORARY FEE REDUCTIONS.
2 (a) ADMINISTRATIVE FEE WAIVER.—
3 (1) IN GENERAL.—During the period beginning
4 on the date of enactment of this Act and ending on
5 September 30, 2021, and to the extent that the cost
6 of such elimination or reduction of fees is offset by
7 appropriations, with respect to each loan guaranteed
8 under section 7(a) of the Small Business Act (15
9 U.S.C. 636(a)) (including a recipient of assistance
10 under the Community Advantage Pilot Program of
11 the Administration) for which an application is ap-
12 proved or pending approval on or after the date of en-
13 actment of this Act, the Administrator shall—
14 (A) in lieu of the fee otherwise applicable
15 under section 7(a)(23)(A) of the Small Business
16 Act (15 U.S.C. 636(a)(23)(A)), collect no fee or
17 reduce fees to the maximum extent possible; and
18 (B) in lieu of the fee otherwise applicable
19 under section 7(a)(18)(A) of the Small Business
20 Act (15 U.S.C. 636(a)(18)(A)), collect no fee or
21 reduce fees to the maximum extent possible.
22 (2) APPLICATION OF FEE ELIMINATIONS OR RE-
23 DUCTIONS.—To the extent that amounts are made
24 available to the Administrator for the purpose of fee
25 eliminations or reductions under paragraph (1), the
26 Administrator shall—
•HR 925 EAH
656
1 (A) first use any amounts provided to
2 eliminate or reduce fees paid by small business
3 borrowers under clauses (i) through (iii) of sec-
4 tion 7(a)(18)(A) of the Small Business Act (15
5 U.S.C. 636(a)(18)(A)), to the maximum extent
6 possible; and
7 (B) then use any amounts provided to
8 eliminate or reduce fees under 7(a)(23)(A) of the
9 Small Business Act (15 U.S.C. 636(a)(23)(A)).
10 (c) TEMPORARY FEE ELIMINATION FOR THE 504 LOAN
11 PROGRAM.—
12 (1) IN GENERAL.—During the period beginning
13 on the date of enactment of this section and ending
14 on September 30, 2021, and to the extent the cost of
15 such elimination in fees is offset by appropriations,
16 with respect to each project or loan guaranteed by the
17 Administrator pursuant to title V of the Small Busi-
18 ness Investment Act of 1958 (15 U.S.C. 695 et seq.)
19 for which an application is approved or pending ap-
20 proval on or after the date of enactment of this sec-
21 tion—
22 (A) the Administrator shall, in lieu of the
23 fee otherwise applicable under section 503(d)(2)
24 of the Small Business Investment Act of 1958
25 (15 U.S.C. 697(d)(2)), collect no fee; and
•HR 925 EAH
657
1 (B) a development company shall, in lieu of
2 the processing fee under section 120.971(a)(1) of
3 title 13, Code of Federal Regulations (relating to
4 fees paid by borrowers), or any successor thereto,
5 collect no fee.
6 (2) REIMBURSEMENT FOR WAIVED FEES.—
7 (A) IN GENERAL.—To the extent that the
8 cost of such payments is offset by appropria-
9 tions, the Administrator shall reimburse each de-
10 velopment company that does not collect a proc-
11 essing fee pursuant to paragraph (1)(B).
12 (B) AMOUNT.—The payment to a develop-
13 ment company under subparagraph (A) shall be
14 in an amount equal to 1.5 percent of the net de-
15 benture proceeds for which the development com-
16 pany does not collect a processing fee pursuant
17 to paragraph (1)(B).
18 SEC. 608. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.
19 (a) IN GENERAL.—The Administrator shall ensure
20 that a small business concern participating in the program
21 established under section 8(a) of the Small Business Act on
22 or before March 13, 2020, may elect to extend such partici-
23 pation by a period of 1 year, regardless of whether such
24 concern previously elected to suspend participation in such
25 program pursuant to guidance of the Administrator.
•HR 925 EAH
658
1 (b) EMERGENCY RULEMAKING AUTHORITY.—Not later
2 than 15 days after the date of enactment of this section,
3 the Administrator shall issue regulations to carry out this
4 section without regard to the notice requirements under sec-
5 tion 553(b) of title 5, United States Code.
6 SEC. 609. REPORT ON MINORITY, WOMEN, AND RURAL
7 LENDING.
8 Not later than 90 days after the date of the enactment
9 of this Act, the Administrator shall submit to the Committee
10 on Small Business of the House of Representatives and the
11 Committee on Small Business and Entrepreneurship of the
12 Senate a report to determine and quantify the extent to
13 which the programs established under subsections (a) and
14 (m) of section 7 of the Small Business Act, titles III and
15 V of the Small Business Investment Act of 1958, and the
16 Community Advantage Pilot Program of the Small Busi-
17 ness Administration have assisted in the establishment, de-
18 velopment, and performance of small business concerns
19 owned and controlled by socially and economically dis-
20 advantaged individuals (as defined in section 8(d)(3)(C) of
21 the Small Business Act), small business concerns owned and
22 controlled by women (as defined in section 3 of such Act),
23 and rural small businesses, including recommendations to
24 improve such access to capital programs.
•HR 925 EAH
659
1 SEC. 610. COMPREHENSIVE PROGRAM GUIDANCE.
2 Not later than 7 days after the date of the enactment
3 of this Act, the Administrator shall—
4 (1) establish a process for accepting applications
5 for loan forgiveness under section 1106 of the CARES
6 Act (15 U.S.C. 9005);
7 (2) issue a comprehensive compilation of rules
8 and guidance issued related to covered loans made
9 under section 7(a)(36) of the Small Business Act (15
10 U.S.C. 636(a)(36)); and
11 (3) before accepting applications for supple-
12 mental covered loans under clause (ii) of section
13 7(a)(36)(B) of the Small Business Act (15 U.S.C.
14 636(a)(36)(B)), as added by section 202 of this divi-
15 sion, the Administrator shall issue comprehensive
16 rules and guidance to ensure that borrowers and lend-
17 ers are aware of eligibility and terms of receiving a
18 supplemental covered loan and the process for forgive-
19 ness of a supplemental covered loan.
20 SEC. 611. REPORTS ON PAYCHECK PROTECTION PROGRAM.
21 (a) REPORT TO CONGRESS.—Within 30 days after the
22 date of the enactment of this Act, and every 30 days there-
23 after until the end of the covered period described under
24 section 7(a)(36) of the Small Business Act (15 U.S.C.
25 636(a)(36)), the Secretary of the Treasury and the Adminis-
26 trator shall submit to the Committee on Small Business of
•HR 925 EAH
660
1 the House of Representatives and the Committee on Small
2 Business and Entrepreneurship of the Senate a report, in
3 a searchable digital format, that includes, with respect to
4 each covered loan made under such section 7(a)(36)—
5 (1) the business name, address, and ZIP Code of
6 each recipient of the covered loan;
7 (2) the North American Industry Classification
8 System code and the type of entity of each such re-
9 cipient;
10 (3) demographic data of each such recipient;
11 (4) the number of jobs supported by the covered
12 loan;
13 (5) loan forgiveness data; and
14 (6) the amount and origination date of the cov-
15 ered loan.
16 (b) PUBLICLY AVAILABLE REPORT.—
17 (1) LARGER COVERED LOANS.—Within 30 days
18 after the date of the enactment of this Act, and every
19 30 days thereafter until the end of the covered period
20 described under section 7(a)(36) of the Small Busi-
21 ness Act (15 U.S.C. 636(a)(36)), for covered loans
22 made under such section 7(a)(36) in an amount
23 greater than or equal to $150,000, the Secretary of the
24 Treasury and the Administrator shall make publicly
25 available—
•HR 925 EAH
661
1 (A) the information described under para-
2 graphs (1) through (4) of subsection (a); and
3 (B) the loan size range, of those listed below,
4 that the covered loan belongs—
5 (i) greater than or equal to $150,000
6 and less than $350,000;
7 (ii) greater than or equal to $350,000
8 and less than $1,000,000;
9 (iii) greater than or equal to
10 $1,000,000 and less than $2,000,000;
11 (iv) greater than or equal to
12 $2,000,000 and less than $5,000,000; and
13 (v) greater than or equal to $5,000,000
14 and less than $10,000,000.
15 (2) SMALLER COVERED LOANS.—Within 30 days
16 after the date of the enactment of this Act, and every
17 30 days thereafter until the end of the covered period
18 described under section 7(a)(36) of the Small Busi-
19 ness Act (15 U.S.C. 636(a)(36)), for covered loans
20 made under such section 7(a)(36) in an amount less
21 than $150,000, the Secretary of the Treasury and the
22 Administrator shall make publicly available the total
23 number of covered loans made and the amount of each
24 covered loan, disaggregated by ZIP Code of each re-
25 cipient, industry of each recipient, business type of
•HR 925 EAH
662
1 each recipient, and demographic categories of each re-
2 cipient.
3 (3) PUBLICATION.—Information provided under
4 paragraphs (1) and (2) shall be made publicly avail-
5 able in a searchable digital format on websites of the
6 Department of the Treasury and the Small Business
7 Administration.
8 SEC. 612. PROHIBITING CONFLICTS OF INTEREST FOR
9 SMALL BUSINESS PROGRAMS UNDER THE
10 CARES ACT.
11 Section 4019 of the CARES Act (15 U.S.C. 9054) is
12 amended—
13 (1) in subsection (a), by adding at the end the
14 following:
15 ‘‘(7) SMALL BUSINESS ASSISTANCE.—The term
16 ‘small business assistance’ means assistance provided
17 under—
18 ‘‘(A) section 7(a)(36) of the Small Business
19 Act (15 U.S.C. 636(a)(36));
20 ‘‘(B) subsection (b) or (c) of section 1103 of
21 this Act;
22 ‘‘(C) section 1110 of this Act; or
23 ‘‘(D) section 1112 of this Act.’’;
24 (2) in subsection (b)—
•HR 925 EAH
663
1 (A) by inserting ‘‘or provisions relating to
2 small business assistance’’ after ‘‘this subtitle’’;
3 and
4 (B) by inserting ‘‘or for any small business
5 assistance’’ before the period at the end; and
6 (3) in subsection (c)—
7 (A) by inserting ‘‘or seeking any small busi-
8 ness assistance’’ after ‘‘section 4003’’;
9 (B) by inserting ‘‘or small business assist-
10 ance’’ after ‘‘that transaction’’;
11 (C) by inserting ‘‘or the Administrator of
12 the Small Business Administration, as applica-
13 ble,’’ after ‘‘Federal Reserve System’’; and
14 (D) by inserting ‘‘or to receive the small
15 business assistance’’ after ‘‘in that transaction’’.
16 SEC. 613. INCLUSION OF SCORE AND VETERAN BUSINESS
17 OUTREACH CENTERS IN ENTREPRENEURIAL
18 DEVELOPMENT PROGRAMS.
19 (a) IN GENERAL.—Section 1103(a)(2) of the CARES
20 Act (15 U.S.C. 9002(a)(2)) is amended—
21 (1) in subparagraph (A), by striking ‘‘and’’ at
22 the end; and
23 (2) by adding at the end the following new sub-
24 paragraphs:
•HR 925 EAH
664
1 ‘‘(C) a Veteran Business Outreach Center
2 (as described under section 32(d) of the Small
3 Business Act); and
4 ‘‘(D) the Service Corps of Retired Execu-
5 tives Association, or any successor or other orga-
6 nization, that receives a grant from the Adminis-
7 trator to operate the SCORE program estab-
8 lished under section 8(b)(2)(A) of the Small
9 Business Act;’’.
10 (b) FUNDING.—Section 1107(a)(4) of the CARES Act
11 (15 U.S.C. 9006(a)(4)) is amended—
12 (1) in subparagraph (A)—
13 (A) by striking ‘‘$240,000,000’’ and insert-
14 ing ‘‘$220,000,000’’;
15 (B) by striking ‘‘and’’ at the end; and
16 (2) by adding at the end the following new sub-
17 paragraphs:
18 ‘‘(C) $10,000,000 shall be for a Veteran
19 Business Outreach Center described in section
20 1103(a)(2)(C) of this Act to carry out activities
21 under such section; and
22 ‘‘(D) $10,000,000 shall be for the Service
23 Corps of Retired Executives Association described
24 in section 1103(a)(2)(D) of this Act to carry out
25 activities under such section;’’.
•HR 925 EAH
665
1 SEC. 614. CLARIFICATION OF USE OF CARES ACT FUNDS
2 FOR SMALL BUSINESS DEVELOPMENT CEN-
3 TERS.
4 Section 1103(b)(3)(A) of the CARES Act (15 U.S.C.
5 9002(b)(3)(A)) is amended by adding at the end the fol-
6 lowing new sentence: ‘‘Funds awarded under this para-
7 graph shall be in addition to any amounts appropriated
8 for grants under section 21(a) of the Small Business Act,
9 and may be used to complement and support those appro-
10 priated program grants to assist small business concerns,
11 with prioritization of such concerns affected directly or in-
12 directly by COVID–19 as described in paragraph (2).’’.
13 SEC. 615. FUNDING FOR THE OFFICE OF INSPECTOR GEN-
14 ERAL OF THE SMALL BUSINESS ADMINISTRA-
15 TION.
16 Section 1107(a)(3) of the CARES Act (15 U.S.C.
17 9006(a)(3)) is amended by striking ‘‘September 30, 2024’’
18 and inserting ‘‘expended’’.
19 SEC. 616. EXTENSION OF WAIVER OF MATCHING FUNDS RE-
20 QUIREMENT UNDER THE WOMEN’S BUSINESS
21 CENTER PROGRAM.
22 Section 1105 of the CARES Act (15 U.S.C. 9004) is
23 amended by striking ‘‘During the 3-month period beginning
24 on the date of enactment of this Act,’’ and inserting ‘‘Until
25 December 31, 2020,’’.
•HR 925 EAH
666
1 SEC. 617. ACCESS TO SMALL BUSINESS ADMINISTRATION
2 INFORMATION AND DATABASES.
3 Section 19010 of Division B of the CARES Act (Public
4 Law 116–136) is amended by—
5 (1) redesignating subsection (e) as subsection (f);
6 and
7 (2) by inserting after subsection (d) the following
8 new subsection:
9 ‘‘(e) SMALL BUSINESS ADMINISTRATION DATA-
10 BASES.—
11 ‘‘(1) IN GENERAL.—In conducting monitoring
12 and oversight under this section, the Comptroller Gen-
13 eral, upon notice to the Administrator of the Small
14 Business Administration, shall have direct access to
15 all information collected or produced in connection
16 with the administration of programs or provision of
17 assistance carried out by the Administrator, includ-
18 ing direct access to any information technology sys-
19 tems maintained or utilized by the Administrator to
20 collect, process, or analyze documents or information
21 submitted by borrowers, lenders, or others in connec-
22 tion with any such program or provision of assist-
23 ance. In this subsection, the term ‘direct access’ means
24 secured access to the information technology systems
25 maintained by the Administrator that would enable
•HR 925 EAH
667
1 the Comptroller General to independently access,
2 view, download, and retrieve data from such systems.
3 ‘‘(2) INFORMATION TECHNOLOGY SYSTEMS.—The
4 Administrator of the Small Business Administration
5 shall appropriately identify and classify any sensitive
6 information contained in an information technology
7 system accessed by the Comptroller General.’’.
8 SEC. 618. SMALL BUSINESS LOCAL RELIEF PROGRAM.
9 (a) ESTABLISHMENT.—There is established in the De-
10 partment of the Treasury a Small Business Local Relief
11 Program to allocate resources to States, units of general
12 local government, and Indian Tribes to provide assistance
13 to eligible entities and organizations that assist eligible en-
14 tities.
15 (b) FUNDING.—
16 (1) FUNDING TO STATES, LOCALITIES, AND IN-
17 DIAN TRIBES.—
18 (A) IN GENERAL.—The Secretary of the
19 Treasury shall allocate—
20 (i) $10,250,000,000 to States and units
21 of general local government in accordance
22 with subparagraph (B)(i);
23 (ii) $4,250,000,000 to States in accord-
24 ance with subparagraph (B)(ii); and
•HR 925 EAH
668
1 (iii) $500,000,000 to the Secretary of
2 Housing and Urban Development for allo-
3 cations to Indian Tribes in accordance with
4 subparagraph (B)(iii).
5 (B) ALLOCATIONS.—
6 (i) FORMULA FOR STATES AND UNITS
7 OF GENERAL LOCAL GOVERNMENT.—Of the
8 amount described under subparagraph
9 (A)(i)—
10 (I) 70 percent shall be allocated to
11 entitlement communities in accordance
12 with the formula under section 106(b)
13 of the Housing and Community Devel-
14 opment Act of 1974 (42 U.S.C.
15 5306(b)); and
16 (II) 30 percent shall be allocated
17 to States, for use in nonentitlement
18 areas, in accordance with the formula
19 under section 106(d)(1) of such Act (42
20 U.S.C. 5306(d)(1)).
21 (ii) RURAL BONUS FORMULA FOR
22 STATES.—The Secretary shall allocate the
23 amount described under subparagraph
24 (A)(ii) to States, for use in nonentitlement
25 areas, in accordance with the formula under
•HR 925 EAH
669
1 section 106(d)(1) of such Act (42 U.S.C.
2 5306(d)(1)).
3 (iii) COMPETITIVE AWARDS TO INDIAN
4 TRIBES.—
5 (I) IN GENERAL.—The Secretary
6 of Housing and Urban Development
7 shall allocate to Indian Tribes on a
8 competitive basis the amount described
9 under subparagraph (A)(iii).
10 (II) REQUIREMENTS.—In making
11 allocations under subclause (I), the
12 Secretary of Housing and Urban De-
13 velopment shall, to the greatest extent
14 practicable, ensure that each Indian
15 Tribe that satisfies requirements estab-
16 lished by the Secretary of Housing and
17 Urban Development receives such an
18 allocation.
19 (C) STATE ALLOCATIONS FOR NONENTITLE-
20 MENT AREAS.—
21 (i) EQUITABLE ALLOCATION.—To the
22 greatest extent practicable, a State shall al-
23 locate amounts for nonentitlement areas
24 under clauses (i)(II) and (ii) of subpara-
25 graph (B) on an equitable basis.
•HR 925 EAH
670
1 (ii) DISTRIBUTION OF AMOUNTS.—
2 (I) DISCRETION.—Not later than
3 14 days after the date on which a
4 State receives amounts for use in a
5 nonentitlement area under clause
6 (i)(II) or (ii) of subparagraph (B), the
7 State shall—
8 (aa) distribute the amounts,
9 or a portion thereof, to a unit of
10 general local government located
11 in the nonentitlement area or an
12 entity designated thereby, that has
13 established or will establish a
14 small business emergency fund,
15 for use under paragraph (2); or
16 (bb) elect to reserve the
17 amounts, or a portion thereof, for
18 use by the State under paragraph
19 (2) for the benefit of eligible enti-
20 ties located in the nonentitlement
21 area.
22 (II) SENSE OF CONGRESS.—It is
23 the sense of Congress that, in distrib-
24 uting amounts under subclause (I), in
25 the case of amounts allocated for a
•HR 925 EAH
671
1 nonentitlement area in which a unit of
2 general local government or an entity
3 designated thereby has established a
4 small business emergency fund, a State
5 should, as quickly as is practicable,
6 distribute amounts to that unit of gen-
7 eral local government or entity, respec-
8 tively, as described in item (aa) of such
9 subclause.
10 (iii) TREATMENT OF STATES NOT ACT-
11 ING AS PASS-THROUGH AGENTS UNDER
12 CDBG.—The Secretary shall allocate
13 amounts to a State under this paragraph
14 without regard to whether the State has
15 elected to distribute amounts allocated
16 under section 106(d)(1) of the Housing and
17 Community Development Act of 1974 (42
18 U.S.C. 5306(d)(1)).
19 (2) USE OF FUNDS.—
20 (A) IN GENERAL.—A State, unit of general
21 local government, or Indian Tribe that receives
22 an allocation under paragraph (1), or an entity
23 designated by a unit of general local government
24 under paragraph (1)(C)(ii)(I)(aa), whether di-
25 rectly or indirectly, may use such allocation, not
•HR 925 EAH
672
1 later than 60 days after receipt of such alloca-
2 tion—
3 (i) to provide funding to a small busi-
4 ness emergency fund established by that
5 State (or entity designated thereby), that
6 unit of general local government (or entity
7 designated thereby), that entity designated
8 by a unit of general local government, or
9 that Indian Tribe (or entity designated
10 thereby), respectively;
11 (ii) to provide funding to support or-
12 ganizations that provide technical assist-
13 ance to eligible entities; or
14 (iii) subject to subparagraph (B), to
15 pay for administrative costs incurred by
16 that State (or entity designated thereby),
17 that unit of general local government (or
18 entity designated thereby), that entity des-
19 ignated by a unit of general local govern-
20 ment, or that Indian Tribe (or entity des-
21 ignated thereby), respectively, in estab-
22 lishing and administering a small business
23 emergency fund.
24 (B) LIMITATION.—A State, unit of general
25 local government, or Indian Tribe, or an entity
•HR 925 EAH
673
1 designated by a unit of general local government
2 under paragraph (1)(C)(ii)(I)(aa), may not use
3 more than 3 percent of an allocation received
4 under paragraph (1) for a purpose described in
5 subparagraph (A)(iii) of this paragraph.
6 (C) OBLIGATION DEADLINES.—
7 (i) STATES.—Of the amounts that a
8 State elects under paragraph
9 (1)(C)(ii)(I)(bb) to reserve for use by the
10 State under this paragraph—
11 (I) any amounts that the State
12 provides to a small business emergency
13 fund under subparagraph (A)(i) of this
14 paragraph shall be obligated by the
15 small business emergency fund for ex-
16 penditure not later than 74 days after
17 the date on which the State received
18 the amounts from the Secretary under
19 clause (i) or (ii) of paragraph (1)(A);
20 and
21 (II) any amounts that the State
22 chooses to provide to an organization
23 under subparagraph (A)(ii) of this
24 paragraph, or to use to pay for admin-
25 istrative costs under subparagraph
•HR 925 EAH
674
1 (A)(iii) of this paragraph, shall be ob-
2 ligated by the State for expenditure not
3 later than 74 days after the date on
4 which the State received the amounts
5 from the Secretary under clause (i) or
6 (ii) of paragraph (1)(A).
7 (ii) ENTITLEMENT COMMUNITIES.—Of
8 the amounts that an entitlement community
9 receives from the Secretary under para-
10 graph (1)(B)(i)(I)—
11 (I) any amounts that the entitle-
12 ment community provides to a small
13 business emergency fund under sub-
14 paragraph (A)(i) of this paragraph
15 shall be obligated by the small business
16 emergency fund for expenditure not
17 later than 74 days after the date on
18 which the entitlement community re-
19 ceived the amounts; and
20 (II) any amounts that the entitle-
21 ment community chooses to provide to
22 an organization under subparagraph
23 (A)(ii) of this paragraph, or to use to
24 pay for administrative costs under sub-
25 paragraph (A)(iii) of this paragraph,
•HR 925 EAH
675
1 shall be obligated by the entitlement
2 community for expenditure not later
3 than 74 days after the date on which
4 the entitlement community received the
5 amounts.
6 (iii) NONENTITLEMENT COMMU-
7 NITIES.—Of the amounts that a unit of gen-
8 eral local government, or an entity des-
9 ignated thereby, located in a nonentitlement
10 area receives from a State under paragraph
11 (1)(C)(ii)(I)(aa)—
12 (I) any amounts that the unit of
13 general local government or entity pro-
14 vides to a small business emergency
15 fund under subparagraph (A)(i) of this
16 paragraph shall be obligated by the
17 small business emergency fund for ex-
18 penditure not later than 60 days after
19 the date on which the unit of general
20 local government or entity received the
21 amounts; and
22 (II) any amounts that the unit of
23 general local government or entity
24 chooses to provide to a support organi-
25 zation under subparagraph (A)(ii) of
•HR 925 EAH
676
1 this paragraph or to use to pay for ad-
2 ministrative costs under subparagraph
3 (A)(iii) of this paragraph shall be obli-
4 gated by the unit of general local gov-
5 ernment or entity for expenditure not
6 later than 60 days after the date on
7 which the unit of general local govern-
8 ment or entity received the amounts.
9 (D) RECOVERY OF UNOBLIGATED FUNDS.—
10 If a State, entitlement community, other unit of
11 general local government, entity designated by a
12 unit of general local government under para-
13 graph (1)(C)(ii)(I)(aa), or small business emer-
14 gency fund fails to obligate amounts by the ap-
15 plicable deadline under subparagraph (C), the
16 Secretary shall recover the amount of those
17 amounts that remain unobligated, as of that
18 deadline.
19 (E) COLLABORATION.—It is the sense of
20 Congress that—
21 (i) an entitlement community that re-
22 ceives amounts allocated under paragraph
23 (1)(B)(i)(I) should collaborate with the ap-
24 plicable local entity responsible for economic
25 development and small business develop-
•HR 925 EAH
677
1 ment in establishing and administering a
2 small business emergency fund; and
3 (ii) States, units of general local gov-
4 ernment, and Indian Tribes that receive
5 amounts under paragraph (1) and are lo-
6 cated in the same region should collaborate
7 in establishing and administering one or
8 more small business emergency funds.
9 (c) SMALL BUSINESS EMERGENCY FUNDS.—With re-
10 spect to a small business emergency fund that receives funds
11 from an allocation made under subsection (b)—
12 (1) if the small business emergency fund makes
13 a loan to an eligible entity with those funds, the small
14 business emergency fund may use amounts returned
15 to the small business emergency fund from the repay-
16 ment of the loan to provide further assistance to eligi-
17 ble entities without regard to the termination date de-
18 scribed in subsection (g); and
19 (2) the small business emergency fund shall con-
20 duct outreach to eligible entities that are less likely to
21 participate in programs established under the
22 CARES Act (Public Law 116–136; 134 Stat. 281)
23 and the amendments made by that Act, including mi-
24 nority-owned entities, businesses in low-income com-
25 munities, businesses in rural and Tribal areas, and
•HR 925 EAH
678
1 other businesses that are underserved by the tradi-
2 tional banking system.
3 (d) INFORMATION GATHERING.—
4 (1) IN GENERAL.—When providing assistance to
5 an eligible entity with funds received from an alloca-
6 tion made under subsection (b), the State, unit of gen-
7 eral local government, or Indian Tribe, or the entity
8 designated by a State, unit of general local govern-
9 ment, or Indian Tribe, that provides assistance
10 through a small business emergency fund shall—
11 (A) inquire whether the eligible entity is—
12 (i) in the case of an eligible entity that
13 is a business entity or a nonprofit organiza-
14 tion, a women-owned entity or a minority-
15 owned entity; and
16 (ii) in the case of an eligible entity
17 who is an individual, a woman or a minor-
18 ity; and
19 (B) maintain a record of the responses to
20 each inquiry conducted under subparagraph (A),
21 which the entity shall promptly submit to the
22 applicable State, unit of general local govern-
23 ment, or Indian Tribe.
Full text truncated for size; the complete document is in the PDF above.File and source
- File
- bills-116hr925ih-210ab9bbfb7e.pdf
- Size
- 3,331,171 bytes
- SHA-256
- 210ab9bbfb7e4ccab5ba6095320206bc9fef1998be88344f792bf437587ce43e
- Original
- docs.house.gov