S. 5065, Economic Justice Act
Summary
S. 5065, the Economic Justice Act, was introduced in the Senate of the United States December 18, 2020, by Mr. Schumer and other Senators, read twice and referred to the Committee on Finance. It is a bill to provide more than $435,000,000,000 in immediate and long-term investments in communities to promote economic justice. The table of contents lists Title I, Child Care Is Essential Program, Title II on expanding and improving access to community health care, Title III on federally supported jobs, training, and at-risk youth initiatives, and Title IV on capital and support for small businesses. Later titles include new homebuyers down payment tax credit, expanding Medicaid coverage, and raising the minimum wage.
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Cite this document
“S. 5065, Economic Justice Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s5065is-bills-116s5065is/
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II
116TH CONGRESS
2D SESSION
S. 5065
To provide more than $435,000,000,000 in immediate and long-term invest-
ments in communities to promote economic justice, and for other pur-
poses.
IN THE SENATE OF THE UNITED STATES
DECEMBER 18, 2020
Mr. SCHUMER (for himself, Mrs. MURRAY, Mr. WYDEN, Mr. DURBIN, Mr.
REED, Mr. CARPER, Ms. STABENOW, Mr. BROWN, Mr. WARNER, Mrs.
GILLIBRAND, Ms. HIRONO, Mr. BOOKER, Ms. DUCKWORTH, Ms. HARRIS,
Mr. UDALL, Mr. CARDIN, Ms. BALDWIN, Mr. MERKLEY, Mr.
WHITEHOUSE, Mr. SCHATZ, Mr. SANDERS, Ms. KLOBUCHAR, Mr.
BLUMENTHAL, Mr. VAN HOLLEN, Mr. HEINRICH, and Mr. PETERS) in-
troduced the following bill; which was read twice and referred to the Com-
mittee on Finance
A BILL
To provide more than $435,000,000,000 in immediate and
long-term investments in communities to promote eco-
nomic justice, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Economic Justice
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5 Act’’.
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1 SEC. 2. TABLE OF CONTENTS.
2 The table of contents of this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Emergency designation.
TITLE I—CHILD CARE IS ESSENTIAL PROGRAM
Sec. 1001. Child care is essential program.
TITLE II—EXPANDING AND IMPROVING ACCESS TO COMMUNITY
HEALTH CARE
Subtitle A—Support for Health Centers, Hospitals, and Other Health Care
Facilities
Sec. 2101. Primary health care.
Sec. 2102. Additional community health center funding.
Sec. 2103. Teaching health centers that operate graduate medical education
program.
Sec. 2104. Hospital infrastructure.
Sec. 2105. 21st century Indian health program hospitals and outpatient health
care facilities.
Sec. 2106. Pilot program to improve community-based care infrastructure.
Sec. 2107. School-based health centers.
Subtitle B—Support for Health Care Workforce Training
Sec. 2201. Grants for schools of medicine and schools of osteopathic medicine
in underserved areas.
Sec. 2202. Support for nursing education and the future nursing workforce.
Sec. 2203. Loan Repayment Program for substance use disorder treatment
workforce.
Sec. 2204. Loan repayment and scholarship programs for the nursing work-
force.
Sec. 2205. Additional funding for health professions education.
Sec. 2206. Additional funding for nursing workforce development.
Sec. 2207. National Health Service Corps.
Subtitle C—Improving Access to Health Care Services
Sec. 2301. Expanding access to mental health services and certain evaluation
and management services furnished through telehealth.
Sec. 2302. Enhanced Federal Medicaid support for community-based mobile
crisis intervention services.
Sec. 2303. Extension and expansion of Community Mental Health Services
demonstration program; funding for the Certified Community
Behavioral Health Clinic Expansion Grant Program.
Sec. 2304. Expanding capacity for health outcomes.
Sec. 2305. Ryan White HIV/AIDS program.
Sec. 2306. Community mental health services block grant.
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Sec. 2307. Substance abuse prevention and treatment block grant.
TITLE III—FEDERALLY SUPPORTED JOBS, TRAINING, AND AT-
RISK YOUTH INITIATIVES
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Subtitle A—Department of Labor Employment and Training Programs
Sec. 3101. Definitions and WIOA requirements.
CHAPTER 1—WORKFORCE DEVELOPMENT ACTIVITIES IN RESPONSE TO THE
COVID–19 NATIONAL EMERGENCY
Sec. 3111. Workforce response activities.
Sec. 3112. National dislocated worker grants.
Sec. 3113. State dislocated worker activities responding to the COVID–19
emergency.
Sec. 3114. Youth workforce investment activities responding to the COVID–19
national emergency.
Sec. 3115. Adult employment and training activities responding to the COVID–
19 national emergency.
CHAPTER 2—EMPLOYMENT SERVICE COVID–19 NATIONAL EMERGENCY
RESPONSE FUND
Sec. 3121. Employment service.
CHAPTER 3—JOB CORPS RESPONSE TO THE COVID–19 NATIONAL
EMERGENCY
Sec. 3131. Job Corps response to the COVID–19 national emergency.
CHAPTER 4—NATIONAL PROGRAMS
Sec. 3141. Native American programs responding to the COVID–19 national
emergency.
Sec. 3142. Migrant and seasonal farmworker program response.
Sec. 3143. YouthBuild activities responding to the COVID–19 national emer-
gency.
Sec. 3144. Reentry employment opportunities responding to the COVID–19 na-
tional emergency.
Sec. 3145. Registered apprenticeship opportunities responding to the COVID–
19 national emergency.
CHAPTER 5—ADULT EDUCATION AND LITERACY COVID–19 NATIONAL
EMERGENCY RESPONSE
Sec. 3151. Definitions.
Sec. 3152. Adult education and literacy response activities.
Sec. 3153. Distribution of funds.
CHAPTER 6—COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS
Sec. 3161. Community college and industry partnership grants.
CHAPTER 7—SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM
Sec. 3171. Appropriations.
CHAPTER 8—GENERAL PROVISIONS
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Sec. 3176. General provisions.
Subtitle B—Carl D. Perkins Career and Technical Education Act of 2006
Sec. 3201. Definitions and Perkins CTE requirements.
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Sec. 3202. COVID–19 career and technical education response flexibility.
Sec. 3203. Perkins career and technical education.
Sec. 3204. General provisions.
Subtitle C—Pandemic TANF Assistance
Sec. 3301. Emergency flexibility for State and Tribal TANF programs.
Sec. 3302. Coronavirus Emergency Assistance Grants for Low-Income Fami-
lies.
Subtitle D—Preventing Child Abuse and Neglect
Sec. 3401. CAPTA investments.
Subtitle E—Modernizing Child Support
Sec. 3501. Short title; definition.
CHAPTER 1—PROMOTING RESPONSIBLE FATHERHOOD AND STRENGTHENING
LOW-INCOME FAMILIES
Sec. 3511. Reauthorization of healthy marriage promotion and responsible fa-
therhood grants.
CHAPTER 2—IMPROVING RESOURCES FOR DOMESTIC VIOLENCE AND FAMILY
STRENGTHENING
Sec. 3521. Best practices for coordination of policy to address domestic violence
and family engagement.
Sec. 3522. Grants supporting healthy family partnerships for domestic violence
intervention and prevention.
Sec. 3523. Procedures to address domestic violence.
CHAPTER 3—MODERNIZATION OF CHILD SUPPORT ENFORCEMENT
Sec. 3531. Pilot program to stay automatic child support enforcement against
non-custodial parents participating in a healthy marriage or re-
sponsible fatherhood program.
Sec. 3532. Closure of certain child support enforcement cases.
CHAPTER 4—PARENTING TIME SERVICES PILOT PROGRAM
Sec. 3541. Parenting time services pilot program.
CHAPTER 5—IMPROVEMENTS TO THE CHILD SUPPORT PASS-THROUGH
REQUIREMENTS
Sec. 3551. Child support pass-through program improvements.
Sec. 3552. Ban on recovery of Medicaid costs for births.
Sec. 3553. Improving State documentation and reporting of child support col-
lection data.
CHAPTER 6—PROGRAM FLEXIBILITY DURING THE COVID–19 PANDEMIC
Sec. 3561. Emergency TANF flexibility.
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Sec. 3562. 2020 recovery rebates not subject to reduction or offset with respect
to past-due support.
Sec. 3563. Protection of 2020 recovery rebates.
CHAPTER 7—EFFECTIVE DATE
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Sec. 3571. Effective date.
TITLE IV—CAPITAL AND SUPPORT FOR SMALL BUSINESSES
Subtitle A—More Lending to Small Businesses in Communities of Color
Sec. 4101. Community advantage loan program.
Sec. 4102. Spurring innovation in underserved markets.
Sec. 4103. Office of Emerging Markets.
Sec. 4104. SBIC Diversity Working Group.
Subtitle B—Minority Business Resiliency
Sec. 4201. Short title.
Sec. 4202. Findings and purposes.
Sec. 4203. Definitions.
Sec. 4204. Minority Business Development Agency.
CHAPTER 1—COVID–19 RAPID RESPONSE
Sec. 4211. Emergency appropriation.
CHAPTER 2—EXISTING INITIATIVES
SUBCHAPTER A—MARKET DEVELOPMENT, RESEARCH, AND INFORMATION
Sec. 4221. Private sector development.
Sec. 4222. Public sector development.
Sec. 4223. Research and information.
SUBCHAPTER B—MINORITY BUSINESS DEVELOPMENT CENTER PROGRAM
Sec. 4231. Purpose.
Sec. 4232. Definitions.
Sec. 4233. Establishment.
Sec. 4234. Cooperative agreements.
Sec. 4235. Minimizing disruptions to existing Business Centers program.
Sec. 4236. Publicity.
Sec. 4237. Authorization of appropriations.
CHAPTER 3—NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR
MINORITY BUSINESSES
Sec. 4241. Annual diverse business forum on capital formation.
Sec. 4242. Agency study on alternative financing solutions.
Sec. 4243. Educational development relating to management and entrepreneur-
ship.
CHAPTER 4—ADMINISTRATIVE AND OTHER POWERS OF THE AGENCY;
MISCELLANEOUS PROVISIONS
Sec. 4251. Administrative powers.
Sec. 4252. Financial assistance.
Sec. 4253. Audits.
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Sec. 4254. Review and report by Comptroller General.
Sec. 4255. Annual reports; recommendations.
Sec. 4256. Separability.
Sec. 4257. Executive Order 11625.
Sec. 4258. Amendment to the Federal Acquisition Streamlining Act of 1994.
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Subtitle C—PRIME Program
Sec. 4301. Funding for PRIME program.
Subtitle D—Providing Real Opportunities for Growth to Rising Entrepreneurs
for Sustained Success
Sec. 4401. Angel Investor Tax Credit.
Sec. 4402. First Employee Business Wage Credit.
Subtitle E—Community Development Investment
Sec. 4501. Short title.
Sec. 4502. Purpose.
Sec. 4503. Considerations; requirements for creditors.
Sec. 4504. Sense of Congress.
Sec. 4505. Neighborhood Capital Investment Program.
Sec. 4506. Emergency support for CDFIs and communities.
Sec. 4507. Ensuring diversity in community banking.
Sec. 4508. Establishment of Financial Agent Partnership Program.
Sec. 4509. Strengthening minority lending institutions.
Sec. 4510. CDFI Bond Guarantee Reform.
Sec. 4511. Reports.
Sec. 4512. Inspector General oversight.
Sec. 4513. Study and report with respect to impact of programs on low- and
moderate-income and minority communities.
TITLE V—DOWNPAYMENT ON BUILDING 21ST CENTURY
INFRASTRUCTURE
Sec. 5001. Findings.
Subtitle A—High-Speed Internet
Sec. 5101. Definitions.
CHAPTER 1—BROADBAND CONNECTIVITY FUND
Sec. 5111. Definitions.
Sec. 5112. Additional broadband benefit.
Sec. 5113. Grants to States to strengthen National Lifeline Eligibility Verifier.
Sec. 5114. Federal coordination between Lifeline and SNAP verification.
CHAPTER 2—TRIBAL BROADBAND
Sec. 5121. Definitions.
Sec. 5122. Tribal Broadband Fund.
Sec. 5123. Interagency coordination program.
Sec. 5124. Broadband for Tribal libraries and consortiums.
Sec. 5125. Tribal set-aside.
Sec. 5126. Universal service on Tribal land.
Sec. 5127. Tribal broadband factor.
Sec. 5128. Pilot program for Tribal grant of rights-of-way for broadband facili-
ties.
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CHAPTER 3—CONNECTED DEVICES
Sec. 5131. E-Rate support for Wi-Fi hotspots, other equipment, and connected
devices.
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CHAPTER 4—DIGITAL EQUITY
Sec. 5141. Short title.
Sec. 5142. Definitions.
Sec. 5143. Sense of Congress.
Sec. 5144. State Digital Equity Capacity Grant Program.
Sec. 5145. Digital Equity Competitive Grant Program.
Sec. 5146. Policy research, data collection, analysis and modeling, evaluation,
and dissemination.
Sec. 5147. General provisions.
Subtitle B—Affordable Housing and Community Investments and Restoring
Fair Housing Protections
Sec. 5201. Affordable housing and community investments and restoring fair
housing protections.
Subtitle C—School, Library, and Institution Infrastructure
CHAPTER 1—SCHOOL INFRASTRUCTURE
Sec. 5301. Definitions.
Sec. 5302. Development of data standards.
Sec. 5303. Grants for the long-term improvement of public school facilities.
Sec. 5304. Uses of funds.
Sec. 5305. Rule of construction.
Sec. 5306. Green practices.
Sec. 5307. Use of American iron, steel, and manufactured products.
Sec. 5308. Annual report on grant program.
Sec. 5309. Appropriations.
Sec. 5310. Appropriations for impact aid construction.
CHAPTER 2—LIBRARY INFRASTRUCTURE
Sec. 5321. Definitions.
Sec. 5322. Build America’s Libraries Fund.
Sec. 5323. Allocation to States.
Sec. 5324. Need-based grants to libraries.
Sec. 5325. Administration and oversight.
Sec. 5326. Appropriation of funds.
CHAPTER 3—HBCU, TCU, AND OTHER MINORITY-SERVING INSTITUTION
INFRASTRUCTURE
Sec. 5331. Cancellation of debt under HBCU capital financing program.
Sec. 5332. Additional appropriations for the HBCU historic preservation pro-
gram.
Sec. 5333. Funding for construction of new facilities at TCUs.
Sec. 5334. Additional appropriations for HBCUs, TCUs, and minority-serving
institutions.
Sec. 5335. Study and report on the physical condition of HBCUs and TCUs.
Subtitle D—Environmental Justice
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CHAPTER 1—DRINKING WATER AND CLEAN WATER PROGRAMS
Sec. 5401. Sewer overflow and stormwater reuse municipal grants.
Sec. 5402. Clean water infrastructure resiliency and sustainability program.
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Sec. 5403. Grants for construction, refurbishing, and servicing of individual
household decentralized wastewater systems for individuals
with low or moderate income.
Sec. 5404. Connection to publicly owned treatment works.
Sec. 5405. Water pollution control revolving loan fund capitalization grants.
Sec. 5406. Water pollution control revolving loan funds.
Sec. 5407. Authorization of appropriations for water pollution control State re-
volving funds.
Sec. 5408. Brownfields funding.
Sec. 5409. Technical assistance and grants for emergencies affecting public
water systems.
Sec. 5410. Grants for State programs.
Sec. 5411. Drinking water State revolving loan funds.
Sec. 5412. Source water petition program.
Sec. 5413. Assistance for small and disadvantaged communities.
Sec. 5414. Reducing lead in drinking water.
Sec. 5415. Operational sustainability of small public water systems.
Sec. 5416. Drinking water system infrastructure resilience and sustainability
program.
Sec. 5417. Needs assessment for nationwide rural and urban low-income com-
munity water assistance.
Sec. 5418. Lead contamination in school drinking water.
Sec. 5419. Indian reservation drinking water program.
Sec. 5420. Water infrastructure and workforce investment.
Sec. 5421. Small and disadvantaged community analysis.
Sec. 5422. Mapping and screening tool.
Sec. 5423. Emergency household water and wastewater assistance program.
Sec. 5424. Requirement.
CHAPTER 2—CLEAN AIR PROGRAMS
Sec. 5431. Wood heaters emissions reduction.
Sec. 5432. Diesel emissions reduction program.
Sec. 5433. Protection of the Mercury and Air Toxics Standards.
Sec. 5434. Net zero emissions at port facilities program.
CHAPTER 3—HEALTHY TRANSPORTATION
Sec. 5441. Restoring neighborhoods and strengthening communities program.
Sec. 5442. Safer Healthier Streets program.
CHAPTER 4—OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM
Sec. 5451. Definitions.
Sec. 5452. Grants authorized.
Sec. 5453. Eligible uses.
Sec. 5454. National Park Service requirements.
Sec. 5455. Reporting.
Sec. 5456. Revenue sharing.
Subtitle E—Labor and Wage Protections
Sec. 5501. Labor standards.
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Sec. 5502. Wage rate.
Sec. 5503. Infrastructure workforce equity capacity building program.
Sec. 5504. Severability.
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TITLE VI—NEW HOMEBUYERS DOWN PAYMENT TAX CREDIT
Sec. 6001. Down payment tax credit for first-time homebuyers.
TITLE VII—RENTERS AND LOW-INCOME HOUSING TAX CREDITS
Sec. 7001. Renters credit.
Sec. 7002. Minimum credit rate.
TITLE VIII—EXPANDING MEDICAID COVERAGE
Sec. 8001. Increased FMAP for medical assistance to newly eligible individuals.
TITLE IX—ADDRESSING MATERNAL MORTALITY AND HEALTH
Sec. 9001. Expanding Medicaid coverage for pregnant individuals.
Sec. 9002. Community engagement in maternal mortality review committees.
Sec. 9003. Increased maternal levels of care in communities of color.
Sec. 9004. Reporting on pregnancy-related and pregnancy-associated deaths
and complications.
Sec. 9005. Respectful maternity care compliance program.
Sec. 9006. Bias training for all employees in maternity care settings.
Sec. 9007. Study on reducing and preventing bias, racism, and discrimination
in maternity care settings.
Sec. 9008. Maternal Health Research Network.
Sec. 9009. Innovation in maternity care to close racial and ethnic maternal
health disparities in mental health and substance use disorder
treatment grants.
Sec. 9010. Grants to grow and diversify the perinatal workforce.
Sec. 9011. Grants to grow and diversify the doula workforce.
Sec. 9012. Grants to State, local, and tribal public health departments address-
ing social determinants of health for pregnant and postpartum
women.
TITLE X—10–20–30 ANTI–POVERTY INITIATIVE AND HIRING AND
CONTRACTING OPPORTUNITIES
Subtitle A—10–20–30 Anti-Poverty Initiative
Sec. 10101. Definitions.
Sec. 10102. 10–20–30 formula for persistent poverty counties.
Sec. 10103. Targeting high-poverty census tracts.
Sec. 10104. Failure to target funds.
Sec. 10105. Report to Congress.
Subtitle B—Hiring Opportunities
Sec. 10211. Local hiring initiative for construction jobs.
TITLE XI—RAISING THE MINIMUM WAGE AND STRENGTHENING
OVERTIME RIGHTS
Subtitle A—Raise the Wage Act
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Sec. 11111. Short title.
Sec. 11112. Minimum wage increases.
Sec. 11113. Tipped employees.
Sec. 11114. Newly hired employees who are less than 20 years old.
Sec. 11115. Publication of notice.
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Sec. 11116. Promoting economic self-sufficiency for individuals with disabilities.
Sec. 11117. General effective date.
Subtitle B—Restoring Overtime Pay Act
Sec. 11121. Short title.
Sec. 11122. Minimum salary threshold for bona fide executive, administrative,
and professional employees exempt from Federal overtime com-
pensation requirements.
1 SEC. 3. EMERGENCY DESIGNATION.
2 (a) IN GENERAL.—The amounts provided by this Act
3 are designated as an emergency requirement pursuant to
4 section 4(g) of the Statutory Pay-As-You-Go Act of 2010
5 (2 U.S.C. 933(g)).
6 (b) DESIGNATION IN SENATE.—In the Senate, this
7 Act is designated as an emergency requirement pursuant
8 to section 4112(a) of H. Con. Res. 71 (115th Congress),
9 the concurrent resolution on the budget for fiscal year
10 2018.
11 TITLE I—CHILD CARE IS
12 ESSENTIAL PROGRAM
13 SEC. 1001. CHILD CARE IS ESSENTIAL PROGRAM.
14 (a) DEFINITIONS.—In this section, the terms ‘‘eligi-
15 ble child care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’,
16 ‘‘tribal organization’’, ‘‘Secretary’’, and ‘‘State’’ have the
17 meanings given the terms in section 658P of the Child
18 Care and Development Block Grant Act of 1990 (42
19 U.S.C. 9858n) except as otherwise provided in this sec-
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20 tion.
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1 (b) GRANTS.—From funds appropriated to carry out
2 this section and under the authority of section 658O of
3 the Child Care and Development Block Grant Act of 1990
4 (42 U.S.C. 9858m) and this section, the Secretary shall
5 establish a Child Care Stabilization Fund grants program,
6 through which the Secretary shall award child care sta-
7 bilization grants to the lead agency of each State (as de-
8 fined in that section 658O), territory described in sub-
9 section (a)(1) of such section, Indian tribe, and tribal or-
10 ganization from allotments and payments made under
11 subsection (c)(2), not later than 30 days after the date
12 of enactment of this Act.
13 (c) SECRETARIAL RESERVATION AND ALLOT-
14 MENTS.—
15 (1) RESERVATION.—The Secretary shall reserve
16 not more than 1 percent of the funds appropriated
17 to carry out this section for the Federal administra-
18 tion of grants described in subsection (b). Amounts
19 reserved by the Secretary for such administration
20 shall remain available through fiscal year 2024.
21 (2) ALLOTMENTS.—The Secretary shall use the
22 remainder of the funds appropriated to carry out
23 this section to award allotments to States, as defined
24 in section 658O of the Child Care Development
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25 Block Grant Act of 1990 (42 U.S.C. 9858m), and
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1 payments to territories, Indian tribes, and tribal or-
2 ganizations in accordance with paragraphs (1) and
3 (2) of subsection (a), and subsection (b), of section
4 658O of the Child Care and Development Block
5 Grant Act of 1990 (42 U.S.C. 9858m).
6 (d) STATE RESERVATIONS AND SUBGRANTS.—
7 (1) RESERVATION.—A lead agency for a State
8 that receives a child care stabilization grant pursu-
9 ant to subsection (b) shall reserve not more than 10
10 percent of such grant funds—
11 (A) to administer subgrants made to quali-
12 fied child care providers under paragraph (2),
13 including to carry out data systems building
14 and other activities that enable the disburse-
15 ment of payments of such subgrants;
16 (B) to provide technical assistance and
17 support in applying for and accessing the
18 subgrant opportunity under paragraph (2), to
19 eligible child care providers (including to family
20 child care providers, group home child care pro-
21 viders, and other non-center-based child care
22 providers, providers in rural areas, and pro-
23 viders with limited administrative capacity), ei-
24 ther directly or through resource and referral
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25 agencies or staffed family child care networks;
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1 (C) to publicize the availability of sub-
2 grants under this section and conduct wide-
3 spread outreach to eligible child care providers,
4 including family child care providers, group
5 home child care providers, and other non-cen-
6 ter-based child care providers, providers in rural
7 areas, and providers with limited administrative
8 capacity, either directly or through resource and
9 referral agencies or staffed family child care
10 networks, to ensure eligible child care providers
11 are aware of the subgrants available under this
12 section;
13 (D) to carry out the reporting require-
14 ments described in subsection (f); and
15 (E) to carry out activities to improve the
16 supply and quality of child care during and
17 after the qualifying emergency, such as con-
18 ducting community needs assessments, carrying
19 out child care cost modeling, making improve-
20 ments to child care facilities, increasing access
21 to licensure or participation in the State’s
22 tiered quality rating system, and carrying out
23 other activities described in section 658G(b) of
24 the Child Care and Development Block Grant
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25 Act of 1990 (42 U.S.C. 9858e(b)), to the extent
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1 that the lead agency can carry out activities de-
2 scribed in this subparagraph without preventing
3 the lead agency from fully conducting the ac-
4 tivities described in subparagraphs (A) through
5 (D).
6 (2) SUBGRANTS TO QUALIFIED CHILD CARE
7 PROVIDERS.—
8 (A) IN GENERAL.—The lead agency shall
9 use the remainder of the grant funds awarded
10 pursuant to subsection (b) to make subgrants
11 to qualified child care providers described in
12 subparagraph (B), to support the stability of
13 the child care sector during and after the quali-
14 fying emergency and to ensure the maintenance
15 of a delivery system of child care services
16 throughout the State that provides for child
17 care in a variety of settings, including the set-
18 tings of family child care providers, and for a
19 variety of ages, including care for infants and
20 toddlers. The lead agency shall provide the
21 subgrant funds in advance of provider expendi-
22 tures for costs described in subsection (e), ex-
23 cept as provided in subsection (e)(2).
24 (B) QUALIFIED CHILD CARE PROVIDER.—
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25 To be qualified to receive a subgrant under this
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1 paragraph, a provider shall be an eligible child
2 care provider that—
3 (i) was providing child care services
4 on or before March 1, 2020; and
5 (ii) on the date of submission of an
6 application for the subgrant, was either—
7 (I) open and available to provide
8 child care services; or
9 (II) closed due to the qualifying
10 emergency.
11 (C) SUBGRANT AMOUNT.—The lead agency
12 shall make subgrants, from amounts awarded
13 pursuant to subsection (b), to qualified child
14 care providers, and the amount of such a
15 subgrant to such a provider shall—
16 (i)(I) be based on the provider’s stat-
17 ed average operating expenses during the
18 period (of not longer than 6 months) be-
19 fore March 1, 2020, or, for a provider that
20 operates seasonally, during a period (of not
21 longer than 6 months) before the pro-
22 vider’s last day of operation; and
23 (II) at minimum cover such operating
24 expenses for the intended length of the
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25 subgrant;
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1 (ii) account for increased costs of pro-
2 viding or preparing to provide child care as
3 a result of the qualifying emergency, such
4 as provider and employee compensation
5 and existing benefits (existing as of March
6 1, 2020) and the implementation of new
7 practices related to sanitization, group size
8 limits, and social distancing;
9 (iii) be adjusted for payments or reim-
10 bursements made to an eligible child care
11 provider to carry out the Child Care and
12 Development Block Grant Act of 1990 (42
13 U.S.C. 9857 et seq.) or the Head Start
14 Act (42 U.S.C. 9831 et seq.) if the period
15 of such payments or reimbursements over-
16 laps with the period of the subgrant; and
17 (iv) be adjusted for payments or reim-
18 bursements made to an eligible child care
19 provider through the Paycheck Protection
20 Program set forth in section 7(a)(36) of
21 the Small Business Act (15 U.S.C.
22 636(a)(36)), as added by section 1102 of
23 the Coronavirus Aid, Relief, and Economic
24 Security Act (Public Law 116–136) if the
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25 period of such payments or reimburse-
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1 ments overlaps with the period of the
2 subgrant.
3 (D) APPLICATION.—
4 (i) ELIGIBILITY.—To be eligible to re-
5 ceive a subgrant under this paragraph, a
6 child care provider shall submit an applica-
7 tion to a lead agency at such time and in
8 such manner as the lead agency may re-
9 quire. Such application shall include—
10 (I) a good-faith certification that
11 the ongoing operations of the child
12 care provider have been impacted as a
13 result of the qualifying emergency;
14 (II) for a provider described in
15 subparagraph (B)(ii)(I), an assurance
16 that, for the period of the subgrant—
17 (aa) the provider will give
18 priority for available slots (in-
19 cluding slots that are only tempo-
20 rarily available) to—
21 (AA) children of essen-
22 tial workers (such as health
23 care sector employees, emer-
24 gency responders, sanitation
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25 workers, farmworkers, child
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1 care employees, and other
2 workers determined to be es-
3 sential during the response
4 to COVID–19 by public offi-
5 cials), children of workers
6 whose places of employment
7 require their attendance,
8 children experiencing home-
9 lessness, children with dis-
10 abilities, children at risk of
11 child abuse or neglect, and
12 children in foster care, in
13 States, tribal communities,
14 or localities where stay-at-
15 home or related orders are
16 in effect; or
17 (BB) children of work-
18 ers whose places of employ-
19 ment require their attend-
20 ance, children experiencing
21 homelessness, children with
22 disabilities, children at risk
23 of child abuse or neglect,
24 children in foster care, and
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1 in school or a training pro-
2 gram, in States, tribal com-
3 munities, or localities where
4 stay-at-home or related or-
5 ders are not in effect;
6 (bb) the provider will imple-
7 ment policies in line with guid-
8 ance from the Centers for Dis-
9 ease Control and Prevention and
10 the State, tribal, and local health
11 authorities, and in accordance
12 with State, tribal, and local or-
13 ders, for child care providers that
14 remain open, including guidance
15 on sanitization practices, group
16 size limits, and social distancing;
17 (cc) for each employee, the
18 provider will pay the full com-
19 pensation described in subsection
20 (e)(1)(C), including any benefits,
21 that was provided to the em-
22 ployee as of March 1, 2020 (re-
23 ferred to in this clause as ‘‘full
24 compensation’’), and will not take
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25 any action that reduces the week-
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1 ly amount of the employee’s com-
2 pensation below the weekly
3 amount of full compensation, or
4 that reduces the employee’s rate
5 of compensation below the rate of
6 full compensation; and
7 (dd) the provider will pro-
8 vide relief from copayments and
9 tuition payments for the families
10 enrolled in the provider’s pro-
11 gram and prioritize such relief
12 for families struggling to make
13 either type of payment;
14 (III) for a provider described in
15 subparagraph (B)(ii)(II), an assur-
16 ance that—
17 (aa) for the duration of the
18 provider’s closure due to the
19 qualifying emergency, for each
20 employee, the provider will pay
21 full compensation, and will not
22 take any action that reduces the
23 weekly amount of the employee’s
24 compensation below the weekly
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25 amount of full compensation, or
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1 that reduces the employee’s rate
2 of compensation below the rate of
3 full compensation;
4 (bb) children enrolled as of
5 March 1, 2020, will maintain
6 their slots, unless their families
7 choose to disenroll the children;
8 (cc) for the duration of the
9 provider’s closure due to the
10 qualifying emergency, the pro-
11 vider will provide relief from co-
12 payments and tuition payments
13 for the families enrolled in the
14 provider’s program and prioritize
15 such relief for families struggling
16 to make either type of payment;
17 and
18 (dd) the provider will re-
19 sume operations when the pro-
20 vider is able to safely implement
21 policies in line with guidance
22 from the Centers for Disease
23 Control and Prevention and the
24 State, tribal, and local health au-
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1 thorities, and in accordance with
2 State, tribal, and local orders;
3 (IV) information about the child
4 care provider’s—
5 (aa) program characteristics
6 sufficient to allow the lead agen-
7 cy to establish the child care pro-
8 vider’s priority status, as de-
9 scribed in subparagraph (F);
10 (bb) program operational
11 status on the date of submission
12 of the application;
13 (cc) type of program, includ-
14 ing whether the program is a
15 center-based child care, family
16 child care, group home child care,
17 or other non-center-based child
18 care type program;
19 (dd) total enrollment on the
20 date of submission of the applica-
21 tion and total capacity as allowed
22 by the State and tribal and local
23 authorities; and
24 (ee) receipt of assistance,
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25 and amount of assistance,
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1 through a payment or reimburse-
2 ment described in subparagraph
3 (C)(iv), and the time period for
4 which the assistance was made;
5 (V) information necessary to de-
6 termine the amount of the subgrant,
7 such as information about the pro-
8 vider’s stated average operating ex-
9 penses over the appropriate period de-
10 scribed in subparagraph (C)(i); and
11 (VI) such other limited informa-
12 tion as the lead agency shall deter-
13 mine to be necessary to make sub-
14 grants to qualified child care pro-
15 viders.
16 (ii) FREQUENCY.—The lead agency
17 shall accept and process applications sub-
18 mitted under this subparagraph on a roll-
19 ing basis.
20 (iii) UPDATES.—The lead agency
21 shall—
22 (I) at least once a month, verify
23 by obtaining a self-attestation from
24 each qualified child care provider that
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25 received such a subgrant from the
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1 agency, whether the provider is open
2 and available to provide child care
3 services or is closed due to the quali-
4 fying emergency;
5 (II) allow the qualified child care
6 provider to update the information
7 provided in a prior application; and
8 (III) adjust the qualified child
9 care provider’s subgrant award as
10 necessary, based on changes to the
11 application information, including
12 changes to the provider’s operational
13 status.
14 (iv) EXISTING APPLICATIONS.—If a
15 lead agency has established and imple-
16 mented a grant program for child care pro-
17 viders that is in effect on the date of en-
18 actment of this Act, and an eligible child
19 care provider has already submitted an ap-
20 plication for such a grant to the lead agen-
21 cy containing the information specified in
22 clause (i), the lead agency shall treat that
23 application as an application submitted
24 under this subparagraph. If an eligible
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25 child care provider has already submitted
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1 such an application containing part of the
2 information specified in clause (i), the pro-
3 vider may submit to the lead agency an ab-
4 breviated application that contains the re-
5 maining information, and the lead agency
6 shall treat the 2 applications as an applica-
7 tion submitted under this subparagraph.
8 (E) MATERIALS.—
9 (i) IN GENERAL.—The lead agency
10 shall provide the materials and other re-
11 sources related to such subgrants, includ-
12 ing a notification of subgrant opportunities
13 and application materials, to qualified child
14 care providers in the most commonly spo-
15 ken languages in the State.
16 (ii) APPLICATION.—The application
17 shall be accessible on the website of the
18 lead agency within 30 days after the lead
19 agency receives grant funds awarded pur-
20 suant to subsection (b) and shall be acces-
21 sible to all eligible child care providers, in-
22 cluding family child care providers, group
23 home child care providers, and other non-
24 center-based child care providers, providers
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1 in rural areas, and providers with limited
2 administrative capacity.
3 (F) PRIORITY.—In making subgrants
4 under this section, the lead agency shall give
5 priority to qualified child care providers that,
6 prior to or on March 1, 2020—
7 (i) provided child care during non-
8 traditional hours;
9 (ii) served dual language learners,
10 children with disabilities, children experi-
11 encing homelessness, children in foster
12 care, children from low-income families, or
13 infants and toddlers;
14 (iii) served a high proportion of chil-
15 dren whose families received subsidies
16 under the Child Care and Development
17 Block Grant Act of 1990 (42 U.S.C. 9857
18 et seq.) for the child care; or
19 (iv) operated in localities, including
20 rural localities, with a low supply of child
21 care.
22 (G) PROVIDERS RECEIVING OTHER ASSIST-
23 ANCE.—The lead agency, in determining wheth-
24 er a provider is a qualified child care provider,
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25 shall not take into consideration receipt of a
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1 payment or reimbursement described in clause
2 (iii) or (iv) of subparagraph (C).
3 (H) AWARDS.—The lead agency shall equi-
4 tably make subgrants under this paragraph to
5 center-based child care providers, family child
6 care providers, group home child care providers,
7 and other non-center-based child care providers,
8 such that qualified child care providers are able
9 to access the subgrant opportunity under this
10 paragraph regardless of the providers’ setting,
11 size, or administrative capacity.
12 (I) OBLIGATION.—The lead agency shall
13 obligate at least 50 percent of funds available
14 to carry out this section for subgrants described
15 in this paragraph not later than 6 months after
16 the date of enactment of this Act.
17 (e) USES OF FUNDS.—
18 (1) IN GENERAL.—A qualified child care pro-
19 vider that receives funds through such a subgrant
20 may use the funds for the costs of—
21 (A) payroll;
22 (B) employee benefits, including group
23 health plan benefits during periods of paid sick,
24 medical, or family leave, and insurance pre-
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25 miums;
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1 (C) employee salaries or similar compensa-
2 tion, including any income or other compensa-
3 tion to a sole proprietor or independent con-
4 tractor that is a wage, commission, income, net
5 earnings from self-employment, or similar com-
6 pensation;
7 (D) employee recruitment and retention;
8 (E) payment on any mortgage obligation;
9 (F) rent (including rent under a lease
10 agreement);
11 (G) utilities and facilities maintenance;
12 (H) insurance;
13 (I) providing premium pay for child care
14 providers and other employees who provide
15 services during the qualifying emergency;
16 (J) sanitization and other costs associated
17 with cleaning;
18 (K) personal protective equipment and
19 other equipment necessary to carry out the
20 functions of the child care provider;
21 (L) training and professional development
22 related to health and safety practices, including
23 the proper implementation of policies in line
24 with guidance from the Centers for Disease
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25 Control and Prevention and the State, tribal,
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1 and local health authorities, and in accordance
2 with State, tribal, and local orders;
3 (M) purchasing or updating equipment and
4 supplies to serve children during nontraditional
5 hours;
6 (N) modifications to child care services as
7 a result of the qualifying emergency, such as
8 limiting group sizes, adjusting staff-to-child ra-
9 tios, and implementing other heightened health
10 and safety measures;
11 (O) mental health services and supports
12 for children and employees; and
13 (P) other goods and services necessary to
14 maintain or resume operation of the child care
15 program, or to maintain the viability of the
16 child care provider as a going concern during
17 and after the qualifying emergency.
18 (2) REIMBURSEMENT.—The qualified child care
19 provider may use the subgrant funds to reimburse
20 the provider for sums obligated or expended before
21 the date of enactment of this Act for the cost of a
22 good or service described in paragraph (1) to re-
23 spond to the qualifying emergency.
24 (f) REPORTING.—
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1 (1) INITIAL REPORT.—A lead agency receiving
2 a grant under this section shall, within 60 days after
3 making the agency’s first subgrant under subsection
4 (d)(2) to a qualified child care provider, submit a re-
5 port to the Secretary that includes—
6 (A) data on qualified child care providers
7 that applied for subgrants and qualified child
8 care providers that received such subgrants, in-
9 cluding—
10 (i) the number of such applicants and
11 the number of such recipients;
12 (ii) the number and proportion of
13 such applicants and recipients that re-
14 ceived priority and the characteristic or
15 characteristics of such applicants and re-
16 cipients associated with the priority;
17 (iii) the number and proportion of
18 such applicants and recipients that are—
19 (I) center-based child care pro-
20 viders;
21 (II) family child care providers;
22 (III) group home child care pro-
23 viders; or
24 (IV) other non-center-based child
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25 care providers; and
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1 (iv) within each of the groups listed in
2 clause (iii), the number of such applicants
3 and recipients that are, on the date of sub-
4 mission of the application—
5 (I) open and available to provide
6 child care services; or
7 (II) closed due to the qualifying
8 emergency;
9 (B) the total capacity of child care pro-
10 viders that are licensed, regulated, or registered
11 in the State on the date of the submission of
12 the report;
13 (C) a description of—
14 (i) the efforts of the lead agency to
15 publicize the availability of subgrants
16 under this section and conduct widespread
17 outreach to eligible child care providers
18 about such subgrants, including efforts to
19 make materials available in languages
20 other than English;
21 (ii) the lead agency’s methodology for
22 determining amounts of subgrants under
23 subsection (d)(2);
24 (iii) the lead agency’s timeline for dis-
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25 bursing the subgrant funds; and
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1 (iv) the lead agency’s plan for ensur-
2 ing that qualified child care providers that
3 receive funding through such a subgrant
4 comply with assurances described in sub-
5 section (d)(2)(D) and use funds in compli-
6 ance with subsection (e); and
7 (D) such other limited information as the
8 Secretary may require.
9 (2) QUARTERLY REPORT.—The lead agency
10 shall, following the submission of such initial report,
11 submit to the Secretary a report that contains the
12 information described in subparagraphs (A), (B),
13 and (D) of paragraph (1) once a quarter until all
14 funds allotted for activities authorized under this
15 section are expended.
16 (3) FINAL REPORT.—Not later than 60 days
17 after a lead agency receiving a grant under this sec-
18 tion has obligated all of the grant funds (including
19 funds received under subsection (h)), the lead agen-
20 cy shall submit a report to the Secretary, in such
21 manner as the Secretary may require, that in-
22 cludes—
23 (A) the total number of eligible child care
24 providers who were providing child care services
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25 on or before March 1, 2020, in the State and
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1 the number of such providers that submitted an
2 application under subsection (d)(2)(D);
3 (B) the number of qualified child care pro-
4 viders in the State that received funds through
5 the grant;
6 (C) the lead agency’s methodology for de-
7 termining amounts of subgrants under sub-
8 section (d)(2);
9 (D) the average and range of the subgrant
10 amounts by provider type (center-based child
11 care, family child care, group home child care,
12 or other non-center-based child care provider);
13 (E) the percentages, of the child care pro-
14 viders that received such a subgrant, that, on or
15 before March 1, 2020—
16 (i) provided child care during non-
17 traditional hours;
18 (ii) served dual language learners,
19 children with disabilities, children experi-
20 encing homelessness, children in foster
21 care, children from low-income families, or
22 infants and toddlers;
23 (iii) served a high percentage of chil-
24 dren whose families received subsidies
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25 under the Child Care and Development
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1 Block Grant Act of 1990 (42 U.S.C. 9857
2 et seq.) for the child care; and
3 (iv) operated in localities, including
4 rural localities, with a low supply of child
5 care;
6 (F) the number of children served by the
7 child care providers that received such a
8 subgrant, for the duration of the subgrant;
9 (G) the percentages, of the child care pro-
10 viders that received such a subgrant, that are—
11 (i) center-based child care providers;
12 (ii) family child care providers;
13 (iii) group home child care providers;
14 or
15 (iv) other non-center-based child care
16 providers;
17 (H) the percentages, of the child care pro-
18 viders listed in subparagraph (G) that are, on
19 the date of submission of the application—
20 (i) open and available to provide child
21 care services; or
22 (ii) closed due to the qualifying emer-
23 gency;
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1 (I) information about how child care pro-
2 viders used the funds received under such a
3 subgrant;
4 (J) information about how the lead agency
5 used funds reserved under subsection (d)(1);
6 and
7 (K) information about how the subgrants
8 helped to stabilize the child care sector.
9 (4) REPORTS TO CONGRESS.—
10 (A) FINDINGS FROM INITIAL REPORTS.—
11 Not later than 60 days after receiving all re-
12 ports required to be submitted under paragraph
13 (1), the Secretary shall provide a report to the
14 Committee on Education and Labor and the
15 Committee on Appropriations of the House of
16 Representatives and to the Committee on
17 Health, Education, Labor, and Pensions and
18 the Committee on Appropriations of the Senate,
19 summarizing the findings from the reports re-
20 ceived under paragraph (1).
21 (B) FINDINGS FROM FINAL REPORTS.—
22 Not later than 36 months after the date of en-
23 actment of this Act, the Secretary shall provide
24 a report to the Committee on Education and
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1 the House of Representatives and to the Com-
2 mittee on Health, Education, Labor, and Pen-
3 sions and the Committee on Appropriations of
4 the Senate, summarizing the findings from the
5 reports received under paragraph (3).
6 (g) SUPPLEMENT NOT SUPPLANT.—Amounts made
7 available to carry out this section shall be used to supple-
8 ment and not supplant other Federal, State, and local
9 public funds expended to provide child care services for
10 eligible individuals, including funds provided under the
11 Child Care and Development Block Grant Act of 1990 (42
12 U.S.C. 9857 et seq.) and State child care programs.
13 (h) REALLOTMENT OF UNOBLIGATED FUNDS.—
14 (1) UNOBLIGATED FUNDS.—A State, Indian
15 tribe, or tribal organization that anticipates being
16 unable to obligate all grant funds received under this
17 section by September 30, 2022, shall notify the Sec-
18 retary, at least 60 days prior to such date, of the
19 amount of funds the entity anticipates being unable
20 to obligate by such date. A State, Indian tribe, or
21 tribal organization shall return to the Secretary any
22 grant funds received under this section that the
23 State, Indian tribe, or tribal organization does not
24 obligate by September 30, 2022.
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1 (2) REALLOTMENT.—The Secretary shall award
2 new allotments and payments, in accordance with
3 subsection (c)(2), to covered States, Indian tribes, or
4 tribal organizations from funds that are returned
5 under paragraph (1) within 60 days of receiving
6 such funds. Funds made available through the new
7 allotments and payments shall remain available to
8 each such covered State, Indian tribe, or tribal orga-
9 nization until September 30, 2023.
10 (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL
11 ORGANIZATION.—For purposes of paragraph (2), a
12 covered State, Indian tribe, or tribal organization is
13 a State, Indian tribe, or tribal organization that re-
14 ceived an allotment or payment under this section
15 and was not required to return grant funds under
16 paragraph (1).
17 (i) EXCEPTIONS.—The Child Care and Development
18 Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), exclud-
19 ing requirements in subparagraphs (C) through (E) of sec-
20 tion 658E(c)(3), section 658G, and section 658J(c) of
21 such Act (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall
22 apply to child care services provided under this section to
23 the extent the application of such Act does not conflict
24 with the provisions of this section. Nothing in this section
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25 shall be construed to require a State, Indian tribe, or trib-
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1 al organization to submit an application, other than the
2 application described in section 658E or 658O(c) of the
3 Child Care and Development Block Grant Act of 1990 (42
4 U.S.C. 9858c, 9858m(c)), to receive a grant under this
5 section.
6 (j) AUTHORIZATION OF APPROPRIATIONS.—
7 (1) IN GENERAL.—There is authorized to be
8 appropriated, and there is appropriated, out of any
9 money in the Treasury not already appropriated, to
10 carry out this section $50,000,000,000 for fiscal
11 year 2020, to remain available until expended.
12 (2) APPLICATION.—In carrying out the Child
13 Care and Development Block Grant Act of 1990
14 with funds other than the funds appropriated under
15 paragraph (1), the Secretary shall calculate the
16 amounts of appropriated funds described in sub-
17 sections (a) and (b) of section 658O of such Act (42
18 U.S.C. 9858m) by excluding funds appropriated
19 under paragraph (1).
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1 TITLE II—EXPANDING AND IM-
2 PROVING ACCESS TO COMMU-
3 NITY HEALTH CARE
4 Subtitle A—Support for Health
5 Centers, Hospitals, and Other
6 Health Care Facilities
7 SEC. 2101. PRIMARY HEALTH CARE.
8 In addition to amounts otherwise made available for
9 such purposes, there are hereby appropriated, out of
10 amounts in the Treasury not otherwise appropriated, to
11 the Secretary of Health and Human Services,
12 $7,600,000,000, for grants and cooperative agreements
13 under section 330 of the Public Health Service Act (42
14 U.S.C. 254b), and for grants to Federally qualified health
15 centers (as defined in section 1861(aa)(4)(B) of the Social
16 Security Act (42 U.S.C. 1395x(aa))) and for eligible enti-
17 ties under the Native Hawaiian Health Care Improvement
18 Act (42 U.S.C. 11701 et seq.). Amounts appropriated
19 under this paragraph shall remain available until ex-
20 pended. Subsections (r)(2)(B), (e)(6)(A)(iii), and
21 (e)(6)(B)(iii) of section 330 of the Public Health Service
22 Act (42 U.S.C. 254) shall not apply to funds provided
23 under this paragraph.
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1 SEC. 2102. ADDITIONAL COMMUNITY HEALTH CENTER
2 FUNDING.
3 Section 10503 of the Patient Protection and Afford-
4 able Care Act (42 U.S.C. 254b–2) is amended by striking
5 subsection (c) and inserting the following:
6 ‘‘(c) ADDITIONAL ENHANCED FUNDING; CAPITAL
7 PROJECTS.—There are hereby appropriated, out of any
8 monies in the Treasury not otherwise appropriated, to the
9 CHC Fund, to be transferred to the Secretary of Health
10 and Human Services for capital projects of the community
11 health center program under section 330 of the Public
12 Health Service Act, $2,000,000,000, to remain available
13 until expended.’’.
14 SEC. 2103. TEACHING HEALTH CENTERS THAT OPERATE
15 GRADUATE MEDICAL EDUCATION PROGRAM.
16 For purposes of carrying out the teaching health cen-
17 ters that operate graduate medical education program
18 under section 340H of the Public Health Service Act (42
19 U.S.C. 256h), there are hereby appropriated, out of
20 amounts in the Treasury not otherwise appropriated,
21 $1,000,000,000, to remain available until expended.
22 SEC. 2104. HOSPITAL INFRASTRUCTURE.
23 Section 1610(a) of the Public Health Service Act (42
24 U.S.C. 300r(a)) is amended by striking paragraph (3) and
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25 inserting the following paragraphs:
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1 ‘‘(3) PRIORITY.—In awarding grants under this
2 subsection, the Secretary shall give priority to appli-
3 cants whose projects will include, by design,
4 cybersecurity against cyber threats.
5 ‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.—
6 ‘‘(A) IN GENERAL.—As a condition on re-
7 ceipt of a grant under this section for a project,
8 an entity shall ensure that all of the iron and
9 steel products used in the project are produced
10 in the United States.
11 ‘‘(B) APPLICATION.—Subparagraph (A)
12 shall be waived in any case or category of cases
13 in which the Secretary finds that—
14 ‘‘(i) applying subparagraph (A) would
15 be inconsistent with the public interest;
16 ‘‘(ii) iron and steel products are not
17 produced in the United States in sufficient
18 and reasonably available quantities and of
19 a satisfactory quality; or
20 ‘‘(iii) inclusion of iron and steel prod-
21 ucts produced in the United States will in-
22 crease the cost of the overall project by
23 more than 25 percent.
24 ‘‘(C) WAIVER.—If the Secretary receives a
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25 request for a waiver under this paragraph, the
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1 Secretary shall make available to the public, on
2 an informal basis, a copy of the request and in-
3 formation available to the Secretary concerning
4 the request, and shall allow for informal public
5 input on the request for at least 15 days prior
6 to making a finding based on the request. The
7 Secretary shall make the request and accom-
8 panying information available by electronic
9 means, including on the official public internet
10 site of the Department of Health and Human
11 Services.
12 ‘‘(D) INTERNATIONAL AGREEMENTS.—
13 This paragraph shall be applied in a manner
14 consistent with United States obligations under
15 international agreements.
16 ‘‘(E) MANAGEMENT AND OVERSIGHT.—
17 The Secretary may retain up to 0.25 percent of
18 the funds appropriated for this section for man-
19 agement and oversight of the requirements of
20 this paragraph.
21 ‘‘(F) EFFECTIVE DATE.—This paragraph
22 does not apply with respect to a project if a
23 State agency approves the engineering plans
24 and specifications for the project, in that agen-
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25 cy’s capacity to approve such plans and speci-
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1 fications prior to a project requesting bids,
2 prior to the date of enactment of this para-
3 graph.
4 ‘‘(5) FUNDING.—To carry out this subsection,
5 there are hereby appropriated, out of amounts in the
6 Treasury not otherwise appropriated, $750,000,000,
7 to remain available until expended.’’.
8 SEC. 2105. 21ST CENTURY INDIAN HEALTH PROGRAM HOS-
9 PITALS AND OUTPATIENT HEALTH CARE FA-
10 CILITIES.
11 The Indian Health Care Improvement Act is amend-
12 ed by inserting after section 301 of such Act (25 U.S.C.
13 1631) the following:
14 ‘‘SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN,
15 CONSTRUCTION, MODERNIZATION, AND REN-
16 OVATION OF HOSPITALS AND OUTPATIENT
17 HEALTH CARE FACILITIES.
18 ‘‘(a) ADDITIONAL FUNDING.—For the purpose de-
19 scribed in subsection (b), in addition to any other funds
20 available for such purpose, there are hereby appropriated
21 to the Secretary, out of amounts in the Treasury not oth-
22 erwise appropriated, $200,000,000, to remain available
23 until expended.
24 ‘‘(b) PURPOSE.—The purpose described in this sub-
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25 section is the planning, design, construction, moderniza-
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1 tion, and renovation of hospitals and outpatient health
2 care facilities that are funded, in whole or part, by the
3 Service through, or provided for in, a contract or compact
4 with the Service under the Indian Self-Determination and
5 Education Assistance Act (25 U.S.C. 5301 et seq.).’’.
6 SEC. 2106. PILOT PROGRAM TO IMPROVE COMMUNITY-
7 BASED CARE INFRASTRUCTURE.
8 (a) IN GENERAL.—The Secretary of Health and
9 Human Services may award grants to qualified teaching
10 health centers (as defined in section 340H of the Public
11 Health Service Act (42 U.S.C. 256h)) and behavioral
12 health care centers (as defined by the Secretary, to include
13 both substance abuse and mental health care facilities) to
14 support the improvement, renovation, or modernization of
15 infrastructure at such centers.
16 (b) FUNDING.—To carry out this section, there are
17 hereby appropriated, out of amounts in the Treasury not
18 otherwise appropriated, $100,000,000, to remain available
19 until expended.
20 SEC. 2107. SCHOOL-BASED HEALTH CENTERS.
21 (a) ELIMINATION OF LIMITATION ON ELIGIBILITY OF
22 HEALTH CENTERS.—
23 (1) REPEAL.—Section 399Z–1(f)(3) of the
24 Public Health Service Act (42 U.S.C. 280h–5(f)(3))
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25 is amended by striking subparagraph (B).
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1 (2) CONFORMING CHANGE.—Section 399Z–
2 1(f)(3) of the Public Health Service Act (42 U.S.C.
3 280h–5(f)(3)) is amended by striking ‘‘LIMITA-
4 TIONS’’ and all that follows through ‘‘Any provider
5 of services’’ and inserting ‘‘LIMITATION.—Any pro-
6 vider of services’’.
7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section
8 399Z–1(l) of the Public Health Service Act (42 U.S.C.
9 280h–5(l)) is amended to read as follows:
10 ‘‘(l) FUNDING.—For purposes of carrying out this
11 section, there are hereby appropriated, out of amounts in
12 the Treasury not otherwise appropriated, $70,000,000 for
13 each of fiscal years 2021 through 2025, to remain avail-
14 able until expended.’’.
15 Subtitle B—Support for Health
16 Care Workforce Training
17 SEC. 2201. GRANTS FOR SCHOOLS OF MEDICINE AND
18 SCHOOLS OF OSTEOPATHIC MEDICINE IN UN-
19 DERSERVED AREAS.
20 Subpart II of part C of title VII of the Public Health
21 Service Act (42 U.S.C. 293m et seq.) is amended by add-
22 ing at the end the following:
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1 ‘‘SEC. 749C. GRANTS FOR SCHOOLS OF MEDICINE AND
2 SCHOOLS OF OSTEOPATHIC MEDICINE IN UN-
3 DERSERVED AREAS.
4 ‘‘(a) IN GENERAL.—The Secretary, acting through
5 the Administrator of the Health Resources and Services
6 Administration, may award grants to institutions of high-
7 er education (including consortiums of such institutions)
8 for the establishment, improvement, or expansion of a
9 school of medicine or osteopathic medicine, or a branch
10 campus of a school of medicine or osteopathic medicine.
11 ‘‘(b) PRIORITY.—In selecting grant recipients under
12 this section, the Secretary shall give priority to any insti-
13 tution of higher education (or consortium of such institu-
14 tions) that—
15 ‘‘(1) proposes to use the grant for the establish-
16 ment of a school of medicine or osteopathic medi-
17 cine, or a branch campus of a school of medicine or
18 osteopathic medicine, in an area—
19 ‘‘(A) in which no other such school is
20 based; and
21 ‘‘(B) that is a medically underserved com-
22 munity or a health professional shortage area;
23 or
24 ‘‘(2) is a minority-serving institution described
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25 in section 371(a) of the Higher Education Act of
26 1965.
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1 ‘‘(c) CONSIDERATIONS.—In awarding grants under
2 this section, the Secretary, to the extent practicable, may
3 ensure equitable distribution of awards among the geo-
4 graphical regions of the United States.
5 ‘‘(d) USE OF FUNDS.—An institution of higher edu-
6 cation (or a consortium of such institutions)—
7 ‘‘(1) shall use grant amounts received under
8 this section to—
9 ‘‘(A) recruit, enroll, and retain students,
10 including individuals who are from disadvan-
11 taged backgrounds (including racial and ethnic
12 groups underrepresented among medical stu-
13 dents and health professions), individuals from
14 rural and underserved areas, low-income indi-
15 viduals, and first generation college students, at
16 a school of medicine or osteopathic medicine or
17 branch campus of a school of medicine or osteo-
18 pathic medicine; and
19 ‘‘(B) develop, implement, and expand cur-
20 riculum that emphasizes care for rural and un-
21 derserved populations, including accessible and
22 culturally and linguistically appropriate care
23 and services, at such school or branch campus;
24 and
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1 ‘‘(2) may use grant amounts received under this
2 section to—
3 ‘‘(A) plan and construct—
4 ‘‘(i) a school of medicine or osteo-
5 pathic medicine in an area in which no
6 other such school is based; or
7 ‘‘(ii) a branch campus of a school of
8 medicine or osteopathic medicine in an
9 area in which no other such school is
10 based;
11 ‘‘(B) plan, develop, and meet criteria for
12 accreditation for a school of medicine or osteo-
13 pathic medicine or branch campus of a school
14 of medicine or osteopathic medicine;
15 ‘‘(C) hire faculty, including faculty from
16 racial and ethnic groups who are underrep-
17 resented among the medical and other health
18 professions, and other staff to serve at such a
19 school or branch campus;
20 ‘‘(D) support educational programs at such
21 a school or branch campus;
22 ‘‘(E) modernize and expand infrastructure
23 at such a school or branch campus; and
24 ‘‘(F) support other activities that the Sec-
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25 retary determines further the establishment,
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1 improvement, or expansion of a school of medi-
2 cine or osteopathic medicine or branch campus
3 of a school of medicine or osteopathic medicine.
4 ‘‘(e) APPLICATION.—To be eligible to receive a grant
5 under subsection (a), an institution of higher education
6 (or a consortium of such institutions), shall submit an ap-
7 plication to the Secretary at such time, in such manner,
8 and containing such information as the Secretary may re-
9 quire, including a description of the institution’s or con-
10 sortium’s planned activities described in subsection (d).
11 ‘‘(f) REPORTING.—
12 ‘‘(1) REPORTS FROM ENTITIES.—Each institu-
13 tion of higher education, or consortium of such insti-
14 tutions, awarded a grant under this section shall
15 submit an annual report to the Secretary on the ac-
16 tivities conducted under such grant, and other infor-
17 mation as the Secretary may require.
18 ‘‘(2) REPORT TO CONGRESS.—Not later than 5
19 years after the date of enactment of this section and
20 every 5 years thereafter, the Secretary shall submit
21 to the Committee on Health, Education, Labor, and
22 Pensions of the Senate and the Committee on En-
23 ergy and Commerce of the House of Representatives
24 a report that provides a summary of the activities
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1 and outcomes associated with grants made under
2 this section. Such reports shall include—
3 ‘‘(A) a list of awardees, including their pri-
4 mary geographic location, and location of any
5 school of medicine or osteopathic medicine, or a
6 branch campus of school of medicine or osteo-
7 pathic medicine that was established, improved,
8 or expanded under this program;
9 ‘‘(B) the total number of students (includ-
10 ing the number of students from racial and eth-
11 nic groups underrepresented among medical
12 students and health professions, low-income
13 students, and first generation college students)
14 who—
15 ‘‘(i) are enrolled at or who have grad-
16 uated from any school of medicine or os-
17 teopathic medicine, or a branch campus of
18 school of medicine or osteopathic medicine,
19 that was established, improved, or ex-
20 panded under this program, deidentified
21 and disaggregated by race, ethnicity, age,
22 sex, geographic region, disability status,
23 and other relevant factors, to the extent
24 such information is available; and
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1 ‘‘(ii) who subsequently participate in
2 an accredited internship or medical resi-
3 dency program upon graduation from any
4 school of medicine or osteopathic medicine,
5 or a branch campus of a school of medicine
6 or osteopathic medicine, that was estab-
7 lished, improved, or expanded under this
8 program, deidentified and disaggregated by
9 race, ethnicity, age, sex, geographic region,
10 disability status, medical specialty pursued,
11 and other relevant factors, to the extent
12 such information is available;
13 ‘‘(C) the effects of such program on the
14 health care provider workforce, including any
15 impact on demographic representation
16 disaggregated by race, ethnicity, and sex, and
17 the fields or specialties pursued by students
18 who have graduated from any school of medi-
19 cine or osteopathic medicine, or a branch cam-
20 pus of school of medicine or osteopathic medi-
21 cine, that was established, improved, or ex-
22 panded under this program;
23 ‘‘(D) the effects of such program on health
24 care access in underserved areas, including
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1 medically underserved communities and health
2 professional shortage areas; and
3 ‘‘(E) recommendations for improving the
4 program described in this section, and any
5 other considerations as the Secretary deter-
6 mines appropriate.
7 ‘‘(3) PUBLIC AVAILABILITY.—The Secretary
8 shall make reports submitted under paragraph (2)
9 publicly available on the internet website of the De-
10 partment of Health and Human Services.
11 ‘‘(g) DEFINITIONS.—In this section:
12 ‘‘(1) BRANCH CAMPUS.—
13 ‘‘(A) IN GENERAL.—The term ‘branch
14 campus’, with respect to a school of medicine or
15 osteopathic medicine, means an additional loca-
16 tion of such school that is geographically apart
17 and independent of the main campus, at which
18 the school offers at least 50 percent of the pro-
19 gram leading to a degree of doctor of medicine
20 or doctor of osteopathy that is offered at the
21 main campus.
22 ‘‘(B) INDEPENDENCE FROM MAIN CAM-
23 PUS.—For purposes of subparagraph (A), the
24 location of a school described in such subpara-
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1 the main campus described in such subpara-
2 graph if the location—
3 ‘‘(i) is permanent in nature;
4 ‘‘(ii) offers courses in educational pro-
5 grams leading to a degree, certificate, or
6 other recognized educational credential;
7 ‘‘(iii) has its own faculty and adminis-
8 trative or supervisory organization; and
9 ‘‘(iv) has its own budgetary and hiring
10 authority.
11 ‘‘(2) FIRST GENERATION COLLEGE STUDENT.—
12 The term ‘first generation college student’ has the
13 meaning given such term in section 402A(h)(3) of
14 the Higher Education Act of 1965.
15 ‘‘(3) HEALTH PROFESSIONAL SHORTAGE
16 AREA.—The term ‘health professional shortage area’
17 has the meaning given such term in section 332(a).
18 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
19 The term ‘institution of higher education’ has the
20 meaning given such term in section 101 of the High-
21 er Education Act of 1965.
22 ‘‘(5) MEDICALLY UNDERSERVED COMMUNITY.—
23 The term ‘medically underserved community’ has the
24 meaning given such term in section 799B(6).
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1 ‘‘(h) FUNDING.—To carry out this section, there are
2 hereby appropriated, out of amounts in the Treasury not
3 otherwise appropriated, $1,000,000,000, to remain avail-
4 able until expended.’’.
5 SEC. 2202. SUPPORT FOR NURSING EDUCATION AND THE
6 FUTURE NURSING WORKFORCE.
7 (a) IN GENERAL.—Part D of title VIII of the Public
8 Health Service Act (42 U.S.C. 296p et seq.) is amended
9 by adding at the end the following:
10 ‘‘SEC. 832. NURSING EDUCATION ENHANCEMENT AND MOD-
11 ERNIZATION GRANTS IN UNDERSERVED
12 AREAS.
13 ‘‘(a) IN GENERAL.—The Secretary, acting through
14 the Administrator of the Health Resources and Services
15 Administration, may award grants to schools of nursing
16 (as defined in section 801) for—
17 ‘‘(1) increasing the number of faculty and stu-
18 dents at such schools in order to enhance the pre-
19 paredness of the United States for, and the ability
20 of the United States to address and quickly respond
21 to, public health emergencies declared under section
22 319 and pandemics; or
23 ‘‘(2) the enhancement and modernization of
24 nursing education programs.
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1 ‘‘(b) PRIORITY.—In selecting grant recipients under
2 this section, the Secretary shall give priority to schools of
3 nursing that—
4 ‘‘(1) are located in a medically underserved
5 community;
6 ‘‘(2) are located in a health professional short-
7 age area as defined under section 332(a); or
8 ‘‘(3) are institutions of higher education listed
9 under section 371(a) of the Higher Education Act of
10 1965.
11 ‘‘(c) CONSIDERATION.—In awarding grants under
12 this section, the Secretary, to the extent practicable, may
13 ensure equitable distribution of awards among the geo-
14 graphic regions of the United States.
15 ‘‘(d) USE OF FUNDS.—A school of nursing that re-
16 ceives a grant under this section may use the funds award-
17 ed through such grant for activities that include—
18 ‘‘(1) enhancing enrollment and retention of stu-
19 dents at such school, with a priority for students
20 from disadvantaged backgrounds (including racial or
21 ethnic groups underrepresented in the nursing work-
22 force), individuals from rural and underserved areas,
23 low-income individuals, and first generation college
24 students (as defined in section 402A(h)(3) of the
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25 Higher Education Act of 1965);
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1 ‘‘(2) creating, supporting, or modernizing edu-
2 cational programs and curriculum at such school;
3 ‘‘(3) retaining current faculty, and hiring new
4 faculty, with an emphasis on faculty from racial or
5 ethnic groups who are underrepresented in the nurs-
6 ing workforce;
7 ‘‘(4) modernizing infrastructure at such school,
8 including audiovisual or other equipment, personal
9 protective equipment, simulation and augmented re-
10 ality resources, telehealth technologies, and virtual
11 and physical laboratories;
12 ‘‘(5) partnering with a health care facility,
13 nurse-managed health clinic, community health cen-
14 ter, or other facility that provides health care in
15 order to provide educational opportunities for the
16 purpose of establishing or expanding clinical edu-
17 cation;
18 ‘‘(6) enhancing and expanding nursing pro-
19 grams that prepare nurse researchers and scientists;
20 ‘‘(7) establishing nurse-led intradisciplinary and
21 interprofessional educational partnerships; and
22 ‘‘(8) other activities that the Secretary deter-
23 mines further the development, improvement, and
24 expansion of schools of nursing.
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1 ‘‘(e) REPORTS FROM ENTITIES.—Each school of
2 nursing awarded a grant under this section shall submit
3 an annual report to the Secretary on the activities con-
4 ducted under such grant, and other information as the
5 Secretary may require.
6 ‘‘(f) REPORT TO CONGRESS.—Not later than 5 years
7 after the date of the enactment of this section, the Sec-
8 retary shall submit to the Committee on Health, Edu-
9 cation, Labor, and Pensions of the Senate and the Com-
10 mittee on Energy and Commerce of the House of Rep-
11 resentatives a report that provides a summary of the ac-
12 tivities and outcomes associated with grants made under
13 this section. Such report shall include—
14 ‘‘(1) a list of schools of nursing receiving grants
15 under this section, including the primary geographic
16 location of any school of nursing that was improved
17 or expanded through such a grant;
18 ‘‘(2) the total number of students who are en-
19 rolled at or who have graduated from any school of
20 nursing that was improved or expanded through a
21 grant under this section, which such statistic shall—
22 ‘‘(A) to the extent such information is
23 available, be deidentified and disaggregated by
24 race, ethnicity, age, sex, geographic region, dis-
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1 ‘‘(B) include an indication of the number
2 of such students who are from racial or ethnic
3 groups underrepresented in the nursing work-
4 force, such students who are from rural or un-
5 derserved areas, such students who are low-in-
6 come students, and such students who are first
7 generation college students (as defined in sec-
8 tion 402A(h)(3) of the Higher Education Act of
9 1965);
10 ‘‘(3) to the extent such information is available,
11 the effects of the grants awarded under this section
12 on retaining and hiring of faculty, including any in-
13 crease in diverse faculty, the number of clinical edu-
14 cation partnerships, the modernization of nursing
15 education infrastructure, and other ways this section
16 helps address and quickly respond to public health
17 emergencies and pandemics;
18 ‘‘(4) recommendations for improving the grants
19 awarded under this section; and
20 ‘‘(5) any other considerations as the Secretary
21 determines appropriate.
22 ‘‘(g) FUNDING.—To carry out this section, there are
23 hereby appropriated, out of amounts in the Treasury not
24 otherwise appropriated, $1,000,000,000, to remain avail-
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25 able until expended.’’.
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1 (b) STRENGTHENING NURSE EDUCATION.—The
2 heading of part D of title VIII of the Public Health Serv-
3 ice Act (42 U.S.C. 296p et seq.) is amended by striking
4 ‘‘BASIC’’.
5 SEC. 2203. LOAN REPAYMENT PROGRAM FOR SUBSTANCE
6 USE DISORDER TREATMENT WORKFORCE.
7 Section 781 of the Public Health Service Act (42
8 U.S.C. 295h) is amended by adding at the end the fol-
9 lowing:
10 ‘‘(k) ADDITIONAL FUNDING.—In addition to
11 amounts otherwise made available for such purpose, to
12 carry out this section, there are hereby appropriated, out
13 of amounts in the Treasury not otherwise appropriated,
14 $100,000,000, to remain available until expended.’’.
15 SEC. 2204. LOAN REPAYMENT AND SCHOLARSHIP PRO-
16 GRAMS FOR THE NURSING WORKFORCE.
17 Section 846 of the Public Health Service Act (42
18 U.S.C. 297n) is amended by adding at the end the fol-
19 lowing:
20 ‘‘(j) ADDITIONAL FUNDING.—In addition to amounts
21 otherwise made available to carry out this section, there
22 are hereby appropriated, out of amounts in the Treasury
23 not otherwise appropriated, $750,000,000, to remain
24 available until expended.’’.
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1 SEC. 2205. ADDITIONAL FUNDING FOR HEALTH PROFES-
2 SIONS EDUCATION.
3 In addition to amounts otherwise made available for
4 such purpose, to carry out the programs under title VII
5 of the Public Health Service Act (42 U.S.C. 292 et seq.),
6 there are hereby appropriated, out of amounts in the
7 Treasury not otherwise appropriated, $250,000,000, to re-
8 main available until expended.
9 SEC. 2206. ADDITIONAL FUNDING FOR NURSING WORK-
10 FORCE DEVELOPMENT.
11 In addition to amounts otherwise made available for
12 such purpose, to carry out the programs under title VIII
13 of the Public Health Service Act (42 U.S.C. 296 et seq.),
14 there are hereby appropriated, out of amounts in the
15 Treasury not otherwise appropriated, $250,000,000, to re-
16 main available until expended.
17 SEC. 2207. NATIONAL HEALTH SERVICE CORPS.
18 In addition to amounts otherwise made available for
19 such purposes, there are hereby appropriated, out of
20 amounts in the Treasury not otherwise appropriated, to
21 the Secretary of Health and Human Services,
22 $2,500,000,000, for purposes of carrying out the National
23 Health Service Corps program, to remain available until
24 expended.
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1 Subtitle C—Improving Access to
2 Health Care Services
3 SEC. 2301. EXPANDING ACCESS TO MENTAL HEALTH SERV-
4 ICES AND CERTAIN EVALUATION AND MAN-
5 AGEMENT SERVICES FURNISHED THROUGH
6 TELEHEALTH.
7 (a) TREATMENT OF MENTAL HEALTH SERVICES
8 FURNISHED THROUGH TELEHEALTH.—Paragraph (7) of
9 section 1834(m) of the Social Security Act (42 U.S.C.
10 1395m(m)) is amended—
11 (1) in the paragraph heading, by inserting
12 ‘‘AND MENTAL HEALTH SERVICES’’ after ‘‘DISORDER
13 SERVICES’’; and
14 (2) by inserting ‘‘or, on or after the first day
15 after the end of the public health emergency de-
16 scribed in section 1135(g)(1)(B), to an eligible tele-
17 health individual for purposes of diagnosis, evalua-
18 tion, or treatment of a mental health disorder, as de-
19 termined by the Secretary,’’ after ‘‘as determined by
20 the Secretary,’’.
21 (b) TREATMENT OF CERTAIN EVALUATION AND
22 MANAGEMENT SERVICES FURNISHED THROUGH TELE-
23 HEALTH.—Such section 1834(m), as amended by sub-
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24 section (a), is amended—
25 (1) in paragraph (4)(C)—
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1 (A) in clause (i), by striking ‘‘and (7)’’ and
2 inserting ‘‘(7), and (9)’’; and
3 (B) in clause (ii)(X), by inserting ‘‘or
4 paragraph (9)(A)’’ before the period; and
5 (2) by adding at the end the following new
6 paragraph:
7 ‘‘(9) TREATMENT OF CERTAIN EVALUATION
8 AND MANAGEMENT SERVICES FURNISHED THROUGH
9 TELEHEALTH.—
10 ‘‘(A) IN GENERAL.—The geographic re-
11 quirements described in paragraph 4(C)(i) shall
12 not apply with respect to a telehealth service
13 that is a medical visit that is in the category of
14 HCPCS evaluation and management services
15 for office and other outpatient services and that
16 is furnished on or after the first day after the
17 end of the public health emergency described in
18 section 1135(g)(1)(B), to an eligible telehealth
19 individual by a qualified provider, at an origi-
20 nating site described in paragraph 4(C)(ii)
21 (other than an originating site described in sub-
22 clause (IX) of such paragraph).
23 ‘‘(B) DEFINITION OF QUALIFIED PRO-
24 VIDER.—For purposes of this paragraph, the
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25 term ‘qualified provider’ means, with respect to
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1 a telehealth service described in subparagraph
2 (A) that is furnished to an eligible telehealth in-
3 dividual, a physician or practitioner who—
4 ‘‘(i) furnished to such individual, dur-
5 ing the 18-month period ending on the
6 date the telehealth service was furnished,
7 an item or service in person for which—
8 ‘‘(I) payment was made under
9 this title; or
10 ‘‘(II) such payment would have
11 been made if such individual were en-
12 titled to, or enrolled for, benefits
13 under this title at the time such item
14 or service was furnished; or
15 ‘‘(ii) is in the same practice (as deter-
16 mined by tax identification number) as a
17 physician or practitioner who furnished
18 such an item or service in person to such
19 individual during such period.’’.
20 (c) IMPLEMENTATION.—Notwithstanding any other
21 provision of law, the Secretary may implement the provi-
22 sions of, or amendments made by, this section by interim
23 final rule, program instruction, or otherwise.
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1 SEC. 2302. ENHANCED FEDERAL MEDICAID SUPPORT FOR
2 COMMUNITY-BASED MOBILE CRISIS INTER-
3 VENTION SERVICES.
4 Section 1903 of the Social Security Act (42 U.S.C.
5 1396b) is amended by adding at the end the following new
6 subsection:
7 ‘‘(bb) COMMUNITY-BASED MOBILE CRISIS INTER-
8 VENTION SERVICES.—
9 ‘‘(1) IN GENERAL.—Notwithstanding section
10 1902(a)(1) (relating to statewideness), section
11 1902(a)(10)(B) (relating to comparability), section
12 1902(a)(23)(A) (relating to freedom of choice of
13 providers), or section 1902(a)(27) (relating to pro-
14 vider agreements), a State may provide medical as-
15 sistance for qualifying community-based mobile cri-
16 sis intervention services under a State plan amend-
17 ment or waiver approved under section 1115 or
18 1915(c).
19 ‘‘(2) QUALIFYING COMMUNITY-BASED MOBILE
20 CRISIS INTERVENTION SERVICES DEFINED.—For
21 purposes of this subsection, the term ‘qualifying
22 community-based mobile crisis intervention services’
23 means, with respect to a State, items and services
24 for which medical assistance is available under the
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25 State plan under this title or a waiver of such plan,
26 that are—
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1 ‘‘(A) furnished to an individual who is—
2 ‘‘(i) outside of a hospital or other fa-
3 cility setting; and
4 ‘‘(ii) experiencing a mental health or
5 substance use disorder crisis;
6 ‘‘(B) furnished by a multidisciplinary mo-
7 bile crisis team—
8 ‘‘(i) that includes at least 1 behavioral
9 health care professional who is capable of
10 conducting an assessment of the individual,
11 in accordance with the professional’s per-
12 mitted scope of practice under State law,
13 and other professionals or paraprofes-
14 sionals with appropriate expertise in behav-
15 ioral health or mental health crisis re-
16 sponse, including nurses, social workers,
17 peer support specialists, and others, as
18 designated by the State and approved by
19 the Secretary;
20 ‘‘(ii) whose members are trained in
21 trauma-informed care, de-escalation strate-
22 gies, and harm reduction;
23 ‘‘(iii) that is able to respond in a
24 timely manner and, where appropriate,
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25 provides—
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1 ‘‘(I) screening and assessment;
2 ‘‘(II) stabilization and de-esca-
3 lation;
4 ‘‘(III) coordination with, and re-
5 ferrals to, health, social, and other
6 services and supports as needed; and
7 ‘‘(IV) provision or coordination of
8 transportation to the next step in care
9 or treatment;
10 ‘‘(iv) that maintains relationships with
11 relevant community partners, including
12 medical and behavioral health providers,
13 community health centers, crisis respite
14 centers, managed care organizations (if ap-
15 plicable), entities able to provide assistance
16 with application and enrollment in the
17 State plan or a waiver of the plan, entitles
18 able to provide assistance with applying for
19 and enrolling in benefit programs, entities
20 that provide assistance with housing (such
21 as public housing authorities, Continuum
22 of Care programs, or not-for-profit entities
23 that provide housing assistance), and enti-
24 ties that provide assistance with other so-
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25 cial services;
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1 ‘‘(v) that coordinates with crisis inter-
2 vention hotlines and emergency response
3 systems;
4 ‘‘(vi) that maintains the privacy and
5 confidentiality of patient information con-
6 sistent with Federal and State require-
7 ments; and
8 ‘‘(vii) that operates independently
9 from (but may coordinate with) State or
10 local law enforcement agencies;
11 ‘‘(C) available 24 hours per day, every day
12 of the year; and
13 ‘‘(D) voluntary to receive.
14 ‘‘(3) PAYMENTS.—
15 ‘‘(A) IN GENERAL.—Notwithstanding sec-
16 tion 1905(b), beginning January 1, 2021, dur-
17 ing each of the first 12 fiscal quarters that a
18 State meets the requirements described in para-
19 graph (4), the Federal medical assistance per-
20 centage applicable to amounts expended by the
21 State for medical assistance for qualifying com-
22 munity-based mobile crisis intervention services
23 furnished during such quarter shall be equal to
24 95 percent.
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1 ‘‘(B) EXCLUSION OF ENHANCED PAY-
2 MENTS FROM TERRITORIAL CAPS.—To the ex-
3 tent that the amount of a payment to Puerto
4 Rico, the Virgin Islands, Guam, the Northern
5 Mariana Islands, or American Samoa for med-
6 ical assistance for qualifying community-based
7 mobile crisis intervention services that is based
8 on the Federal medical assistance percentage
9 specified in subparagraph (A) exceeds the
10 amount that would have been paid to such ter-
11 ritory for such services if the Federal medical
12 assistance percentage for the territory had been
13 determined without regard to such subpara-
14 graph—
15 ‘‘(i) the limitation on payments to ter-
16 ritories under subsections (f) and (g) of
17 section 1108 shall not apply to the amount
18 of such excess; and
19 ‘‘(ii) the amount of such excess shall
20 be disregarded in applying such sub-
21 sections.
22 ‘‘(4) REQUIREMENTS.—The requirements de-
23 scribed in this paragraph are the following:
24 ‘‘(A) The State demonstrates, to the satis-
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25 faction of the Secretary—
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1 ‘‘(i) that it will be able to support the
2 provision of qualifying community-based
3 mobile crisis intervention services that
4 meet the conditions specified in paragraph
5 (2); and
6 ‘‘(ii) how it will support coordination
7 between mobile crisis teams and commu-
8 nity partners, including health care pro-
9 viders, to enable the provision of services,
10 needed referrals, and other activities iden-
11 tified by the Secretary.
12 ‘‘(B) The State provides assurances satis-
13 factory to the Secretary that—
14 ‘‘(i) any additional Federal funds re-
15 ceived by the State for qualifying commu-
16 nity-based mobile crisis intervention serv-
17 ices provided under this subsection that
18 are attributable to the increased Federal
19 medical assistance percentage under para-
20 graph (3)(A) will be used to supplement,
21 and not supplant, the level of State funds
22 expended for such services for fiscal year
23 2019;
24 ‘‘(ii) if the State made qualifying com-
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25 munity-based mobile crisis intervention
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1 services available in a region of the State
2 in fiscal year 2019, the State will continue
3 to make such services available in such re-
4 gion under this subsection at the same
5 level that the State made such services
6 available in such fiscal year; and
7 ‘‘(iii) the State will conduct the eval-
8 uation and assessment, and submit the re-
9 port, required under paragraph (5).
10 ‘‘(5) STATE EVALUATION AND REPORT.—
11 ‘‘(A) STATE EVALUATION.—Not later than
12 4 fiscal quarters after a State begins providing
13 qualifying community-based mobile crisis inter-
14 vention services in accordance with this sub-
15 section, the State shall enter into a contract
16 with an independent entity or organization to
17 conduct an evaluation for the purposes of—
18 ‘‘(i) determining the effect of the pro-
19 vision of such services on—
20 ‘‘(I) emergency room visits;
21 ‘‘(II) use of ambulatory services;
22 ‘‘(III) hospitalizations;
23 ‘‘(IV) the involvement of law en-
24 forcement in mental health or sub-
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25 stance use disorder crisis events;
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1 ‘‘(V) the diversion of individuals
2 from jails or similar settings; and
3 ‘‘(ii) assessing—
4 ‘‘(I) the types of services pro-
5 vided to individuals;
6 ‘‘(II) the types of events re-
7 sponded to;
8 ‘‘(III) cost savings or cost-effec-
9 tiveness attributable to such services;
10 ‘‘(IV) the experiences of individ-
11 uals who receive qualifying commu-
12 nity-based mobile crisis intervention
13 services;
14 ‘‘(V) the successful connection of
15 individuals with follow-up services;
16 and
17 ‘‘(VI) other relevant outcomes
18 identified by the Secretary.
19 ‘‘(B) COMPARISON TO HISTORICAL MEAS-
20 URES.—The contract described in subparagraph
21 (A) shall specify that the evaluation is based on
22 a comparison of the historical measures of
23 State performance with respect to the outcomes
24 specified under such subparagraph to the
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25 State’s performance with respect to such out-
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1 comes during the period beginning with the
2 first quarter in which the State begins pro-
3 viding qualifying community-based mobile crisis
4 intervention services in accordance with this
5 subsection.
6 ‘‘(C) REPORT.—Not later than 2 years
7 after a State begins to provide qualifying com-
8 munity-based mobile crisis intervention services
9 in accordance with this subsection, the State
10 shall submit a report to the Secretary on the
11 following:
12 ‘‘(i) The results of the evaluation car-
13 ried out under subparagraph (A).
14 ‘‘(ii) The number of individuals who
15 received qualifying community-based mo-
16 bile crisis intervention services.
17 ‘‘(iii) Demographic information re-
18 garding such individuals when available,
19 including the race or ethnicity, age, sex,
20 sexual orientation, gender identity, and ge-
21 ographic location of such individuals.
22 ‘‘(iv) The processes and models devel-
23 oped by the State to provide qualifying
24 community-based mobile crisis intervention
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25 services under such the State plan or waiv-
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1 er, including the processes developed to
2 provide referrals for, or coordination with,
3 follow-up care and services.
4 ‘‘(v) Lessons learned regarding the
5 provision of such services.
6 ‘‘(D) PUBLIC AVAILABILITY.—The State
7 shall make the report required under subpara-
8 graph (C) publicly available, including on the
9 website of the appropriate State agency, upon
10 submission of such report to the Secretary.
11 ‘‘(6) BEST PRACTICES REPORT.—
12 ‘‘(A) IN GENERAL.—Not later than 3 years
13 after the first State begins to provide qualifying
14 community-based mobile crisis intervention
15 services in accordance with this subsection, the
16 Secretary shall submit a report to Congress
17 that—
18 ‘‘(i) identifies the States that elected
19 to provide services in accordance with this
20 subsection;
21 ‘‘(ii) summarizes the information re-
22 ported by such States under paragraph
23 (5)(C); and
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1 ‘‘(iii) identifies best practices for the
2 effective delivery of community-based mo-
3 bile crisis intervention services.
4 ‘‘(B) PUBLIC AVAILABILITY.—The report
5 required under subparagraph (A) shall be made
6 publicly available, including on the website of
7 the Department of Health and Human Services,
8 upon submission to Congress.
9 ‘‘(7) STATE PLANNING AND EVALUATION
10 GRANTS.—
11 ‘‘(A) IN GENERAL.—As soon as practicable
12 after the date of enactment of this subsection,
13 the Secretary may award planning and evalua-
14 tion grants to States for purposes of developing
15 a State plan amendment or section 1115 or
16 1915(c) waiver request (or an amendment to
17 such a waiver) to provide qualifying community-
18 based mobile crisis intervention services and
19 conducting the evaluation required under para-
20 graph (5)(A). A grant awarded to a State
21 under this paragraph shall remain available
22 until expended.
23 ‘‘(B) STATE CONTRIBUTION.—A State
24 awarded a grant under this subsection shall
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25 contribute for each fiscal year for which the
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1 grant is awarded an amount equal to the State
2 percentage determined under section 1905(b)
3 (without regard to the temporary increase in
4 the Federal medical assistance percentage of
5 the State under section 6008(a) of the Families
6 First Coronavirus Response Act (Public Law
7 116–127) or any other temporary increase in
8 the Federal medical assistance percentage of
9 the State for fiscal year 2020 or any succeeding
10 fiscal year) of the grant amount.
11 ‘‘(8) FUNDING.—
12 ‘‘(A) IMPLEMENTATION AND ADMINISTRA-
13 TION.—There is appropriated to the Secretary,
14 out of any funds in the Treasury not otherwise
15 appropriated, such sums as are necessary for
16 purposes of implementing and administering
17 this section.
18 ‘‘(B) PLANNING AND EVALUATION
19 GRANTS.—There is appropriated, out of any
20 funds in the Treasury not otherwise appro-
21 priated, $25,000,000 to the Secretary for fiscal
22 year 2021 for purposes of making grants under
23 paragraph (7), to remain available until ex-
24 pended.’’.
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1 SEC. 2303. EXTENSION AND EXPANSION OF COMMUNITY
2 MENTAL HEALTH SERVICES DEMONSTRA-
3 TION PROGRAM; FUNDING FOR THE CER-
4 TIFIED COMMUNITY BEHAVIORAL HEALTH
5 CLINIC EXPANSION GRANT PROGRAM.
6 (a) IN GENERAL.—Section 223(d) of the Protecting
7 Access to Medicare Act of 2014 (42 U.S.C. 1396a note)
8 is amended—
9 (1) in paragraph (3), by striking ‘‘December
10 11, 2020’’ and inserting ‘‘December 31, 2022’’; and
11 (2) in paragraph (8)—
12 (A) in subparagraph (A), by striking ‘‘to
13 participate in 2-year demonstration programs
14 that meet the requirements of this subsection’’
15 and inserting ‘‘to conduct demonstration pro-
16 grams under this subsection for 2 years or
17 through the date specified in paragraph (3),
18 whichever is longer’’;
19 (B) by redesignating subparagraph (C) as
20 subparagraph (D); and
21 (C) by striking subparagraph (B) and in-
22 serting the following:
23 ‘‘(B) OTHER NEW PROGRAMS.—In addition
24 to the 8 States selected under paragraph (1)
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25 and the 2 States selected under subparagraph
26 (A), not later than 6 months after the date of
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1 enactment of the Economic Justice Act, the
2 Secretary shall select 9 additional States to
3 conduct demonstration programs under this
4 subsection for 2 years or through the date spec-
5 ified in paragraph (3), whichever is longer.
6 ‘‘(C) SELECTION OF STATES.—
7 ‘‘(i) INITIAL ADDITIONAL PRO-
8 GRAMS.—In selecting States under sub-
9 paragraph (A), the Secretary—
10 ‘‘(I) shall select States that—
11 ‘‘(aa) were awarded plan-
12 ning grants under subsection (c);
13 and
14 ‘‘(bb) applied to participate
15 in the demonstration programs
16 under this subsection under para-
17 graph (1) but, as of March 27,
18 2020, were not selected to par-
19 ticipate under paragraph (1); and
20 ‘‘(II) shall use the results of the
21 Secretary’s evaluation of each State’s
22 application under paragraph (1) to
23 determine which States to select, and
24 shall not require the submission of
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25 any additional application.
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1 ‘‘(ii) OTHER NEW PROGRAMS.—Clause
2 (i) shall apply to the selection of States
3 under subparagraph (B), except that, for
4 purposes of applying that clause to the se-
5 lection of States under such subparagraph,
6 the Secretary shall substitute ‘as of the
7 date of enactment of the Economic Justice
8 Act, were not selected to participate under
9 paragraph (1) or under this paragraph’ for
10 ‘as of March 27, 2020, were not selected
11 to participate under paragraph (1)’.’’.
12 (b) FUNDING FOR THE CERTIFIED COMMUNITY BE-
13 HAVIORAL HEALTH CLINIC EXPANSION GRANT PRO-
14 GRAM.—For purposes of carrying out the Certified Com-
15 munity Behavioral Health Clinic Expansion Grant Pro-
16 gram of the Substance Abuse and Mental Health Services
17 Administration, there are hereby appropriated, out of
18 amounts in the Treasury not otherwise appropriated,
19 $600,000,000, to remain available until expended.
20 SEC. 2304. EXPANDING CAPACITY FOR HEALTH OUTCOMES.
21 Title III of the Public Health Service Act is amended
22 by inserting after section 330M (42 U.S.C. 254c–19) the
23 following:
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1 ‘‘SEC. 330N. EXPANDING CAPACITY FOR HEALTH OUT-
2 COMES.
3 ‘‘(a) DEFINITIONS.—In this section:
4 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
5 tity’ means an entity that provides, or supports the
6 provision of, health care services in rural areas, fron-
7 tier areas, health professional shortage areas, or
8 medically underserved areas, or to medically under-
9 served populations or Native Americans, including
10 Indian Tribes, Tribal organizations, and urban In-
11 dian organizations, and which may include entities
12 leading, or capable of leading, a technology-enabled
13 collaborative learning and capacity building model or
14 engaging in technology-enabled collaborative training
15 of participants in such model.
16 ‘‘(2) HEALTH PROFESSIONAL SHORTAGE
17 AREA.—The term ‘health professional shortage area’
18 means a health professional shortage area des-
19 ignated under section 332.
20 ‘‘(3) INDIAN TRIBE.—The terms ‘Indian Tribe’
21 and ‘Tribal organization’ have the meanings given
22 the terms ‘Indian tribe’ and ‘tribal organization’ in
23 section 4 of the Indian Self-Determination and Edu-
24 cation Assistance Act.
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25 ‘‘(4) MEDICALLY UNDERSERVED POPU-
26 LATION.—The term ‘medically underserved popu-
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1 lation’ has the meaning given the term in section
2 330(b)(3).
3 ‘‘(5) NATIVE AMERICANS.—The term ‘Native
4 Americans’ has the meaning given the term in sec-
5 tion 736 and includes Indian Tribes and Tribal or-
6 ganizations.
7 ‘‘(6) TECHNOLOGY-ENABLED COLLABORATIVE
8 LEARNING AND CAPACITY BUILDING MODEL.—The
9 term ‘technology-enabled collaborative learning and
10 capacity building model’ means a distance health
11 education model that connects health care profes-
12 sionals, and particularly specialists, with multiple
13 other health care professionals through simultaneous
14 interactive videoconferencing for the purpose of fa-
15 cilitating case-based learning, disseminating best
16 practices, and evaluating outcomes.
17 ‘‘(7) URBAN INDIAN ORGANIZATION.—The term
18 ‘urban Indian organization’ has the meaning given
19 the term in section 4 of the Indian Health Care Im-
20 provement Act.
21 ‘‘(b) PROGRAM ESTABLISHED.—The Secretary shall,
22 as appropriate, award grants to evaluate, develop, and, as
23 appropriate, expand the use of technology-enabled collabo-
24 rative learning and capacity building models, to improve
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25 retention of health care providers and increase access to
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1 health care services, such as those to address chronic dis-
2 eases and conditions, infectious diseases, mental health,
3 substance use disorders, prenatal and maternal health, pe-
4 diatric care, pain management, palliative care, and other
5 specialty care in rural areas, frontier areas, health profes-
6 sional shortage areas, or medically underserved areas and
7 for medically underserved populations or Native Ameri-
8 cans.
9 ‘‘(c) USE OF FUNDS.—
10 ‘‘(1) IN GENERAL.—Grants awarded under sub-
11 section (b) shall be used for—
12 ‘‘(A) the development and acquisition of
13 instructional programming, and the training of
14 health care providers and other professionals
15 that provide or assist in the provision of serv-
16 ices through models described in subsection (b),
17 such as training on best practices for data col-
18 lection and leading or participating in such
19 technology-enabled activities consistent with
20 technology-enabled collaborative learning and
21 capacity-building models;
22 ‘‘(B) information collection and evaluation
23 activities to study the impact of such models on
24 patient outcomes and health care providers, and
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1 to identify best practices for the expansion and
2 use of such models; or
3 ‘‘(C) other activities consistent with achiev-
4 ing the objectives of the grants awarded under
5 this section, as determined by the Secretary.
6 ‘‘(2) OTHER USES.—In addition to any of the
7 uses under paragraph (1), grants awarded under
8 subsection (b) may be used for—
9 ‘‘(A) equipment to support the use and ex-
10 pansion of technology-enabled collaborative
11 learning and capacity building models, including
12 for hardware and software that enables distance
13 learning, health care provider support, and the
14 secure exchange of electronic health informa-
15 tion; or
16 ‘‘(B) support for health care providers and
17 other professionals that provide or assist in the
18 provision of services through such models.
19 ‘‘(d) LENGTH OF GRANTS.—Grants awarded under
20 subsection (b) shall be for a period of up to 5 years.
21 ‘‘(e) GRANT REQUIREMENTS.—The Secretary may
22 require entities awarded a grant under this section to col-
23 lect information on the effect of the use of technology-
24 enabled collaborative learning and capacity building mod-
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25 els, such as on health outcomes, access to health care serv-
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1 ices, quality of care, and provider retention in areas and
2 populations described in subsection (b). The Secretary
3 may award a grant or contract to assist in the coordina-
4 tion of such models, including to assess outcomes associ-
5 ated with the use of such models in grants awarded under
6 subsection (b), including for the purpose described in sub-
7 section (c)(1)(B).
8 ‘‘(f) APPLICATION.—An eligible entity that seeks to
9 receive a grant under subsection (b) shall submit to the
10 Secretary an application, at such time, in such manner,
11 and containing such information as the Secretary may re-
12 quire. Such application shall include plans to assess the
13 effect of technology-enabled collaborative learning and ca-
14 pacity building models on patient outcomes and health
15 care providers.
16 ‘‘(g) ACCESS TO BROADBAND.—In administering
17 grants under this section, the Secretary may coordinate
18 with other agencies to ensure that funding opportunities
19 are available to support access to reliable, high-speed
20 internet for grantees.
21 ‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall
22 provide (either directly through the Department of Health
23 and Human Services or by contract) technical assistance
24 to eligible entities, including recipients of grants under
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25 subsection (b), on the development, use, and evaluation
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1 of technology-enabled collaborative learning and capacity
2 building models in order to expand access to health care
3 services provided by such entities, including for medically
4 underserved areas and to medically underserved popu-
5 lations or Native Americans.
6 ‘‘(i) RESEARCH AND EVALUATION.—The Secretary,
7 in consultation with stakeholders with appropriate exper-
8 tise in such models, shall develop a strategic plan to re-
9 search and evaluate the evidence for such models. The
10 Secretary shall use such plan to inform the activities car-
11 ried out under this section.
12 ‘‘(j) REPORT BY SECRETARY.—Not later than 4
13 years after the date of enactment of this section, the Sec-
14 retary shall prepare and submit to the Committee on
15 Health, Education, Labor, and Pensions of the Senate and
16 the Committee on Energy and Commerce of the House
17 of Representatives, and post on the internet website of the
18 Department of Health and Human Services, a report in-
19 cluding, at minimum—
20 ‘‘(1) a description of any new and continuing
21 grants awarded to entities under subsection (b) and
22 the specific purpose and amounts of such grants;
23 ‘‘(2) an overview of—
24 ‘‘(A) the evaluations conducted under sub-
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25 sections (b);
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1 ‘‘(B) technical assistance provided under
2 subsection (h); and
3 ‘‘(C) activities conducted by entities award-
4 ed grants under subsection (b); and
5 ‘‘(3) a description of any significant findings or
6 developments related to patient outcomes or health
7 care providers and best practices for eligible entities
8 expanding, using, or evaluating technology-enabled
9 collaborative learning and capacity building models,
10 including through the activities described in sub-
11 section (h).
12 ‘‘(k) FUNDING.—To carry out this section, there are
13 hereby appropriated, out of amounts in the Treasury not
14 otherwise appropriated, $100,000,000 for each of fiscal
15 years 2021 through 2025, to remain available until ex-
16 pended.’’.
17 SEC. 2305. RYAN WHITE HIV/AIDS PROGRAM.
18 For purposes of carrying out title XXVI of the Public
19 Health Service Act (42 U.S.C. 300ff–11 et seq.), there
20 are hereby appropriated, out of amounts in the Treasury
21 not otherwise appropriated, $1,000,000,000, to remain
22 available until expended.
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1 SEC. 2306. COMMUNITY MENTAL HEALTH SERVICES BLOCK
2 GRANT.
3 Section 1920 of the Public Health Service Act (42
4 U.S.C. 300x–9) is amended—
5 (1) by redesignating subsections (b) and (c) as
6 subsections (c) and (d), respectively; and
7 (2) by inserting after subsection (a) the fol-
8 lowing:
9 ‘‘(b) ADDITIONAL AMOUNTS FOR COMMUNITY MEN-
10 TAL HEALTH SERVICES.—In addition to amounts other-
11 wise made available for such purposes, for purposes of car-
12 rying out this subpart, subpart III with respect to mental
13 health, and section 515(c), there are hereby appropriated,
14 out of amounts in the Treasury not otherwise appro-
15 priated, $700,000,000 for each of fiscal years 2021
16 through 2025, to remain available until expended.’’.
17 SEC. 2307. SUBSTANCE ABUSE PREVENTION AND TREAT-
18 MENT BLOCK GRANT.
19 Section 1935 of the Public Health Service Act (42
20 U.S.C. 300x–35) is amended—
21 (1) by redesignating subsection (b) as sub-
22 section (c); and
23 (2) by inserting after subsection (a) the fol-
24 lowing:
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25 ‘‘(b) ADDITIONAL AMOUNTS FOR SUBSTANCE ABUSE
26 PREVENTION AND TREATMENT.—In addition to amounts
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1 otherwise made available for such purposes, for purposes
2 of carrying out this subpart, subpart III with respect to
3 substance abuse, section 505(d), and section 515(d), there
4 are hereby appropriated, out of amounts in the Treasury
5 not otherwise appropriated, $500,000,000 for each of fis-
6 cal years 2021 through 2025, to remain available until ex-
7 pended.’’.
8TITLE III—FEDERALLY SUP-
9 PORTED JOBS, TRAINING,
10 AND AT-RISK YOUTH INITIA-
11 TIVES
12 Subtitle A—Department of Labor
13 Employment and Training Pro-
14 grams
15 SEC. 3101. DEFINITIONS AND WIOA REQUIREMENTS.
16 (a) WIOA DEFINITIONS AND REQUIREMENTS.—Ex-
17 cept as otherwise provided, in this subtitle, other than
18 chapter 5—
19 (1) the terms have the meanings given the
20 terms in section 3 of the Workforce Innovation and
21 Opportunity Act (29 U.S.C. 3102); and
22 (2) an allotment, allocation, or other provision
23 of funds made in accordance with a provision of the
24 Workforce Innovation and Opportunity Act (29
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25 U.S.C. 3101 et seq.) shall be made in compliance
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1 with the applicable requirements of such Act (29
2 U.S.C. 3101 et seq.), including the applicable re-
3 quirements of section 182(e) of such Act (29 U.S.C.
4 3242(e)) unless otherwise provided for in this title.
5 (b) OTHER DEFINITIONS.—In this subtitle:
6 (1) APPRENTICESHIP OPPORTUNITY; APPREN-
7 TICESHIP PROGRAM.—The terms ‘‘apprenticeship op-
8 portunity’’ and ‘‘apprenticeship program’’ mean an
9 opportunity in an apprenticeship program, and an
10 apprenticeship program, that is registered by the Of-
11 fice of Apprenticeship or a State apprenticeship
12 agency under the Act of August 16, 1937 (com-
13 monly known as the ‘‘National Apprenticeship Act’’)
14 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.),
15 including, as in effect on December 30, 2019, any
16 requirement, standard, or rule promulgated under
17 that Act.
18 (2) CORONAVIRUS.—The term ‘‘coronavirus’’
19 means coronavirus as defined in section 506 of the
20 Coronavirus Preparedness and Response Supple-
21 mental Appropriations Act, 2020 (Public Law 116–
22 123).
23 (3) COVID–19 NATIONAL EMERGENCY.—The
24 term ‘‘COVID–19 national emergency’’ means the
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25 national emergency declared by the President under
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1 the National Emergencies Act (50 U.S.C. 1601 et
2 seq.) on March 13, 2020, with respect to the
3 coronavirus.
4 (4) SECRETARY.—The term ‘‘Secretary’’—
5 (A) as such term is used in chapters 1
6 through 4, and chapters 6 and 7, means the
7 Secretary of Labor; and
8 (B) as such term is used in chapter 5,
9 means the Secretary of Education.
10 (c) RULE.—If funds awarded under this subtitle, in-
11 cluding all funds awarded for the purposes of grants, con-
12 tracts or cooperative agreements, or the development, im-
13 plementation, or administration of apprenticeship pro-
14 grams (or apprenticeship opportunities), are used to fund
15 apprenticeship programs (or apprenticeship opportuni-
16 ties), those funds shall only be provided to apprenticeship
17 programs (or opportunities in apprenticeship programs)
18 that meet the definition of an apprenticeship program
19 under subsection (b).
20 CHAPTER 1—WORKFORCE DEVELOPMENT
21 ACTIVITIES IN RESPONSE TO THE
22 COVID–19 NATIONAL EMERGENCY
23 SEC. 3111. WORKFORCE RESPONSE ACTIVITIES.
24 (a) FUNDS FOR ADULTS AND DISLOCATED WORK-
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25 ERS.—With respect to funds appropriated under section
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1 3113(d) or 3115(c) and allotted to a State under subtitle
2 B of title I of the Workforce Innovation and Opportunity
3 Act (29 U.S.C. 3151 et seq.) for adult or dislocated work-
4 er workforce development activities, allocated to a local
5 area for adult workforce development activities in accord-
6 ance with paragraph (2)(A) or paragraph (3) of section
7 133(b) of the Workforce Innovation and Opportunity Act
8 (29 U.S.C. 3173(b)), or allocated to a local area for dis-
9 located worker workforce development activities in accord-
10 ance with section 133(b)(2)(B) of such Act (29 U.S.C.
11 3173(b)(B)), the following shall apply:
12 (1) ELIGIBILITY OF ADULTS AND DISLOCATED
13 WORKERS.—To be eligible to receive services
14 through those funds, an adult or dislocated work-
15 er—
16 (A) shall not be required to meet the re-
17 quirements of section 134(c)(3)(B) of the
18 Workforce Innovation and Opportunity Act (29
19 U.S.C. 3174(c)(3)(B)); and
20 (B) may include, as determined by the
21 Governor or local board involved, an individual
22 described in section 2102(a)(3)(A) of the
23 Coronavirus Aid, Relief, and Economic Security
24 Act (15 U.S.C. 9021(a)(3)(A)) who, for the
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25 purposes of this section, may be considered by
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1 the Governor or board to be an adult or a dis-
2 located worker.
3 (2) INDIVIDUALIZED CAREER SERVICES.—Such
4 funds may be used to provide individualized career
5 services described in section 134(c)(2)(A)(xii) of the
6 Workforce Investment and Opportunity Act (29
7 U.S.C. 3174(c)(2)(A)(xii)) to any such eligible adult
8 and dislocated worker.
9 (3) INCUMBENT WORKER TRAINING.—In a case
10 in which the local board for such local area provides
11 to the Secretary an assurance that the local area will
12 use such allocated funds (allocated for adult or dis-
13 located worker activities) to provide the work sup-
14 port activities designed to assist low-wage workers in
15 retaining and enhancing employment in accordance
16 with section 134(d)(1)(B) of the Workforce Innova-
17 tion and Opportunity Act (29 U.S.C.
18 3174(d)(1)(B)), such local board may—
19 (A) use not more than 40 percent of such
20 allocated funds for a training program for in-
21 cumbent workers described in section
22 134(d)(4)(A)(i) of such Act (29 U.S.C.
23 3174(d)(4)(A)(i)) (for such low-wage workers
24 who are incumbent workers); and
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1 (B) consider the economic impact of the
2 COVID–19 national emergency to the employer
3 or participants of such program in determining
4 an employer’s eligibility under section
5 134(d)(4)(A)(ii) of such Act (29 U.S.C.
6 3174(d)(4)(A)(ii))) for the Federal share of the
7 cost of such program.
8 (4) TRANSITIONAL JOBS.—
9 (A) IN GENERAL.—The local board for
10 such local area may use not more than 40 per-
11 cent of such allocated funds to provide transi-
12 tional jobs in accordance with section 134(d)(5)
13 of the Workforce Innovation and Opportunity
14 Act (29 U.S.C. 3174(d)(5)).
15 (B) CLARIFICATION.—Section 194(10) of
16 the Workforce Innovation and Opportunity Act
17 (29 U.S.C. 3254(10)) shall not apply with re-
18 spect to the funds used under this paragraph.
19 (5) ON-THE-JOB TRAINING.—The Governor for
20 the State or the local board for such area may take
21 into account the impact of the COVID–19 national
22 emergency as a factor in determining whether to in-
23 crease the amount of a reimbursement to an amount
24 up to 75 percent of the wage rate of a participant
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25 in accordance with 134(c)(3)(H) of the Workforce
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1 Innovation and Opportunity Act (29 U.S.C.
2 3174(c)(3)(H)).
3 (6) CUSTOMIZED TRAINING.—The Governor for
4 the State or local board for such area may take into
5 account the impact of the COVID–19 national emer-
6 gency as a factor in determining the portion of the
7 cost of training an employer shall provide in accord-
8 ance with section 3(14) of the Workforce Innovation
9 and Opportunity Act (29 U.S.C. 3102(14)).
10 (b) YOUTH.—With respect to funds appropriated
11 under section 3114(d) and allotted or allocated under sub-
12 title B of title I of the Workforce Innovation and Oppor-
13 tunity Act (29 U.S.C. 3151 et seq.) for the activities de-
14 scribed in chapter 2 of subtitle B of title I of the Work-
15 force Innovation and Opportunity Act (29 U.S.C. 3161 et
16 seq.) for out-of-school youth and in-school youth (as such
17 terms are defined in section 129(a)(1) of the Workforce
18 Innovation and Opportunity Act (29 U.S.C. 3164(a)(1))),
19 the Governor or local board involved may determine that—
20 (1) in the case of an individual described in sec-
21 tion 2102(a)(3)(A) of the Coronavirus Aid, Relief,
22 and Economic Security Act (15 U.S.C.
23 9021(a)(3)(A)) who meets the requirements of
24 clauses (i) and (ii) of section 129(a)(1)(B) of the
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25 Workforce Innovation and Opportunity Act (29
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1 U.S.C. 3164(a)(1)(B)), such individual meets the
2 definition of an out-of-school youth in such section
3 129(a)(1)(B); and
4 (2) in the case of an individual described in sec-
5 tion 2102(a)(3)(A) of the Coronavirus Aid, Relief,
6 and Economic Security Act who meets the require-
7 ments of clauses (i) through (iii) of section
8 129(a)(1)(C) of the Workforce Innovation and Op-
9 portunity Act (29 U.S.C. 3164(a)(1)(C)), such indi-
10 vidual meets the definition of an in-school youth in
11 such section 129(a)(1)(C).
12 (c) GOVERNOR’S RESERVE.—With respect to funds
13 appropriated under section 3113(d), 3114(d), or 3115(c)
14 and allotted under subtitle B of title I of the Workforce
15 Innovation and Opportunity Act to a State in accordance
16 with section 127(b)(1)(C) and paragraphs (1)(B) and
17 (2)(B) of section 132(b) of the Workforce Innovation and
18 Opportunity Act (29 U.S.C. 3162(b)(1)(C); 3172(b)), the
19 Governor—
20 (1) shall make the reservations under sections
21 128(a) and 133(a)(1) of such Act (29 U.S.C.
22 3163(a); 3173(a)(1)) and use the reserved funds for
23 statewide activities described in section 129(b) or
24 paragraph (2)(B) or (3) of section 134(a) of such
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1 Act (29 U.S.C. 3164(b); 3174(a)) related to the
2 COVID–19 national emergency; and
3 (2) may make a reservation (in addition to the
4 reservations described in paragraph (1)) of not more
5 than 10 percent for activities related to responding
6 to the COVID–19 national emergency if such re-
7 served funds are used for activities benefitting the
8 local areas within such State most impacted by the
9 COVID–19 national emergency, which activities may
10 include providing—
11 (A) training for health care workers, public
12 health workers, personal care attendants, direct
13 service providers, home health workers, and
14 frontline workers;
15 (B) resources to support, or allow for and
16 provide access to, online services, including
17 counseling, case management, and employment
18 retention services, and training delivery by local
19 boards, one-stop centers, one-stop operators, or
20 eligible training services providers; or
21 (C) additional resources to such local areas
22 to provide career services and supportive serv-
23 ices for eligible individuals.
24 (d) STATE WORKFORCE COVID–19 RECOVERY
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25 PLAN.—Not later than 60 days after a State receives
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1 funds appropriated under section 3113(d), 3114(d), or
2 3115(c), the Governor shall submit to the Secretary, as
3 a supplement to the State plan submitted under section
4 102(a) or 103(a) of the Workforce Investment and Oppor-
5 tunity Act (29 U.S.C. 3112(a); 3113(a)), a workforce plan
6 that responds to the COVID–19 national emergency.
7 SEC. 3112. NATIONAL DISLOCATED WORKER GRANTS.
8 (a) GRANTS AUTHORIZED.—From the funds appro-
9 priated under subsection (e), the Secretary shall award,
10 in accordance with section 170 of the Workforce Innova-
11 tion and Opportunity Act (29 U.S.C. 3225), national dis-
12 located worker grants to the entities that meet the require-
13 ments for the grants under such section to carry out the
14 activities described in such section and in subsection (d)
15 of this section.
16 (b) PLAN.—The Secretary shall submit to the Com-
17 mittee on Education and Labor of the House of Rep-
18 resentatives and the Committee on Health, Education,
19 Labor, and Pensions of the Senate, and the Committees
20 on Appropriations of the House of Representatives and the
21 Senate, not later than 30 days after the date of enactment
22 of this Act, a plan for awarding of grants under this sec-
23 tion.
24 (c) TIMING.—Subject to the availability of appropria-
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25 tions to carry out this section, not later than 60 days after
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1 the date of enactment of this Act, the Secretary shall use
2 not less than 50 percent of the funds appropriated under
3 subsection (e) to award grants under this section.
4 (d) USES OF FUNDS.—
5 (1) IN GENERAL.—Not less than half of the
6 funds appropriated under subsection (e) shall be
7 used to award grants under this section to carry out
8 this subsection, by responding to the COVID–19 na-
9 tional emergency as described in paragraph (2).
10 (2) RESPONSE TO COVID–19 NATIONAL EMER-
11 GENCY.—Such a grant to respond to the COVID–19
12 national emergency shall be used to provide activities
13 that include each of the following:
14 (A) Training and temporary employment
15 to respond to the COVID–19 national emer-
16 gency, ensuring any training or employment
17 under this subparagraph provides participants
18 with adequate and safe equipment, environ-
19 ments, and facilities for training and super-
20 vision, including positions or assignments—
21 (i) as personal care attendants, direct
22 service providers, or home health workers
23 providing direct care and home health serv-
24 ices, including delivering medicine, food, or
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25 other supplies, for—
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1 (I) older individuals, individuals
2 with disabilities, and other individuals
3 with respiratory conditions or other
4 underlying health conditions; or
5 (II) individuals in urban, rural,
6 or suburban local areas with excess
7 poverty;
8 (ii) in health care and health care
9 support positions responding to the
10 COVID–19 national emergency;
11 (iii) to support State, local, or tribal
12 health departments; or
13 (iv) in a sector directly responding to
14 the COVID–19 national emergency such as
15 childcare, food retail, public service, manu-
16 facturing, or transportation.
17 (B) Activities responding to layoffs of 50
18 or more individuals laid off by one employer, or
19 layoffs that significantly increase unemployment
20 in a community, as a result of the COVID–19
21 national emergency, such as layoffs in the hos-
22 pitality, transportation, manufacturing, or retail
23 industry sectors or occupations.
24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is
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25 authorized to be appropriated to carry out this section
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1 $500,000,000 for fiscal year 2021, to remain available
2 through fiscal year 2023.
3 SEC. 3113. STATE DISLOCATED WORKER ACTIVITIES RE-
4 SPONDING TO THE COVID–19 EMERGENCY.
5 (a) DISTRIBUTION OF FUNDS.—
6 (1) STATES.—From the amounts appropriated
7 under subsection (d), the Secretary shall make allot-
8 ments to States in accordance with section 132(b)(2)
9 of the Workforce Innovation and Opportunity Act
10 (29 U.S.C. 3172(b)(2)).
11 (2) LOCAL AREAS.—Not later than 30 days
12 after a State receives an allotment under paragraph
13 (1), the State shall use the allotted funds—
14 (A) to make the reservations required
15 under section 133(a) of the Workforce Innova-
16 tion and Opportunity Act (29 U.S.C. 3173(a)),
17 which reserved funds may be used for statewide
18 activities described in section 134(a) of such
19 Act (29 U.S.C. 3174(a)) related to the COVID–
20 19 national emergency and the activities de-
21 scribed in subsection (c); and
22 (B) to allocate the remaining funds to local
23 areas in accordance with section 133(b)(2)(B)
24 of the Workforce Innovation and Opportunity
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25 Act (29 U.S.C. 3173(b)(2)(B)), which funds
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1 may be used for activities described in section
2 134 (other than section 134(a)) of such Act.
3 (b) REQUIRED USES.—Each State, in coordination
4 with local areas to the extent described in subsection (c),
5 shall use the funds received under this section to engage
6 in the dislocated worker response activities described in
7 sections 133(b)(2)(B) and 134 of the Workforce Innova-
8 tion and Opportunity Act (29 U.S.C. 3173(b)(2)(B);
9 3174), and the activities described in subsection (c), to
10 support layoff aversion and provide necessary supports to
11 eligible adults (at risk of dislocation) and dislocated work-
12 ers and to employers facing layoffs, due to the impacts
13 of the COVID–19 national emergency.
14 (c) COVID–19 DISLOCATED WORKER EMERGENCY
15 RESPONSE.—The dislocated worker response activities de-
16 scribed in this subsection shall include each of the fol-
17 lowing activities carried out by a State, in coordination
18 with local areas impacted by the COVID–19 national
19 emergency (including local areas in which layoffs, suspen-
20 sions, or reductions of employment have occurred or have
21 the potential to occur as a result of the COVID–19 na-
22 tional emergency):
23 (1) The rapid response activities described in
24 section 134(a)(2)(A) of the Workforce Innovation
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25 and Opportunity Act (29 U.S.C. 3174(a)(2)(A)), in-
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1 cluding the layoff aversion activities described in sec-
2 tion 682.320 of subtitle 20, Code of Federal Regula-
3 tions (as in effect on the date of enactment of this
4 Act) to engage employers and adults (at risk of dis-
5 location).
6 (2) Coordination of projects, for eligible adults
7 (at risk of dislocation) and dislocated workers im-
8 pacted by layoffs, suspensions, or reductions in em-
9 ployment as a result of the COVID–19 national
10 emergency, targeted at immediate reemployment, ca-
11 reer navigation services, supportive services, career
12 services, training for in-demand industry sectors and
13 occupations, provision of information on in-demand
14 and declining industries and information on employ-
15 ers who have a demonstrated history of providing
16 equitable benefits and compensation and safe work-
17 ing conditions, access to technology and online skills
18 training including digital literacy skills training, and
19 other layoff support or further layoff aversion strate-
20 gies through employment and training activities.
21 (3) A prioritization or coordination of employ-
22 ment and training activities, including supportive
23 services and career pathways, that—
24 (A) prepare eligible adults (at risk of dis-
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25 location) and dislocated workers to participate
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1 in short-term employment to meet the demands
2 for health care workers, public health workers,
3 personal care attendants, direct service pro-
4 viders, home health workers, and frontline
5 workers responding to the COVID–19 national
6 emergency, including frontline workers in the
7 transportation, information technology, service,
8 manufacturing, food service, maintenance, and
9 cleaning sectors;
10 (B) allow such individuals to maintain eli-
11 gibility for career services and training services
12 through the period in which such individuals
13 are in short-term employment to respond to the
14 COVID–19 national emergency, and in the pe-
15 riod immediately following the conclusion of the
16 short-term employment, to support transitions
17 into further training or employment; and
18 (C) provide participants with adequate and
19 safe equipment, environments, and facilities for
20 training and supervision.
21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
22 authorized to be appropriated to carry out the activities
23 described in this section, and subsections (a), (c), and (d)
24 of section 3111, $2,500,000,000 for fiscal year 2021, to
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25 remain available through fiscal year 2023.
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1 SEC. 3114. YOUTH WORKFORCE INVESTMENT ACTIVITIES
2 RESPONDING TO THE COVID–19 NATIONAL
3 EMERGENCY.
4 (a) DISTRIBUTION OF FUNDS.—
5 (1) STATES.—From the amounts appropriated
6 under subsection (d), the Secretary shall make allot-
7 ments to States in accordance with section 127(b) of
8 the Workforce Innovation and Opportunity Act (29
9 U.S.C. 3162(b)).
10 (2) LOCAL AREAS.—Not later than 30 days
11 after a State receives an allotment under paragraph
12 (1), the State shall use the allotted funds—
13 (A) to make the reservations required
14 under 128(a) of the Workforce Innovation and
15 Opportunity Act (29 U.S.C. 3163(a)), which re-
16 served funds may be used for statewide activi-
17 ties described in section 129(b) of the Work-
18 force Innovation and Opportunity Act (29
19 U.S.C. 3164(a)) related to the COVID–19 na-
20 tional emergency and the activities described in
21 subsection (b); and
22 (B) to allocate the remaining funds to local
23 areas in accordance with section 128(b) of the
24 Workforce Innovation and Opportunity Act (29
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25 U.S.C. 3163(b)), which funds may be used for
26 the activities described in subsection (b).
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1 (b) USES OF FUNDS.—
2 (1) IN GENERAL.—In using the funds received
3 under this section, each State and local area shall
4 prioritize providing services described in paragraph
5 (2)(A) for youth impacted by diminished labor mar-
6 ket opportunities for summer jobs or year-round em-
7 ployment due to the economic impacts of the
8 COVID–19 national emergency.
9 (2) YOUTH WORKFORCE INVESTMENT ACTIVI-
10 TIES.—
11 (A) EMPLOYMENT OPPORTUNITIES FOR
12 AT-RISK YOUTH.—Each State and local area re-
13 ceiving funds under this section shall use not
14 less than 50 percent of such funds to support
15 summer and year-round youth employment op-
16 portunities for in-school and out-of-school
17 youth—
18 (i) with a priority for out-of-school
19 youth and youth with multiple barriers to
20 employment; and
21 (ii) which shall include support for
22 employer partnerships for youth employ-
23 ment and subsidized youth employment,
24 and partnerships with community-based
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1 organizations to support such employment
2 opportunities.
3 (B) OTHER ACTIVITIES.—Any amount of
4 the funds so received that is not used to carry
5 out the activities described in subparagraph (A)
6 shall be used by States and local areas for car-
7 rying out the activities described in subsections
8 (b) and (c), respectively, of section 129 of the
9 Workforce Innovation and Opportunity Act (29
10 U.S.C. 3164), and for the purposes of—
11 (i) supporting in-school and out-of-
12 school youth to connect to education and
13 career pathways;
14 (ii) establishing or expanding partner-
15 ships with community-based organizations
16 to develop or expand work experience op-
17 portunities through which youth can de-
18 velop skills and competencies to secure and
19 maintain employment, including opportuni-
20 ties with supports for activities like peer
21 mentoring;
22 (iii) providing subsidized employment,
23 internships, work-based learning, and
24 youth apprenticeship opportunities;
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1 (iv) providing work readiness training
2 activities and educational programs aligned
3 to career pathways that support credential
4 attainment and the development of employ-
5 ability skills;
6 (v) engaging or establishing industry
7 or sector partnerships to determine job
8 needs and available opportunities for youth
9 employment;
10 (vi) conducting outreach to youth and
11 employers;
12 (vii) providing coaching, navigation,
13 and mentoring services for participating
14 youth, including career exploration, career
15 counseling, career planning, and college
16 planning services for participating youth;
17 (viii) providing coaching, navigation,
18 and mentoring services for employers on
19 how to successfully employ participating
20 youth in meaningful work;
21 (ix) providing services to youth, to en-
22 able participation in a program of youth
23 activities, which services may include sup-
24 portive services, access to technological de-
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25 vices and access to other supports needed
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1 to access online services, and followup
2 services for not less than 12 months after
3 the completion of participation, as appro-
4 priate; and
5 (x) coordinating activities under this
6 section with State and local educational
7 agencies to adjust for revised academic cal-
8 endars in response to the COVID–19 na-
9 tional emergency.
10 (c) GENERAL PROVISIONS.—A State or local area
11 using funds under this section for youth summer or year-
12 round employment shall require that not less than 25 per-
13 cent of the wages of each eligible youth participating in
14 such employment be paid by the employer, except that
15 such requirement may waived for an employer facing fi-
16 nancial hardship due to the COVID–19 national emer-
17 gency.
18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
19 authorized to be appropriated to carry out the activities
20 described in this section, and subsections (b), (c), and (d)
21 of section 3111, $2,500,000,000 for fiscal year 2021, to
22 remain available through fiscal year 2023.
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1 SEC. 3115. ADULT EMPLOYMENT AND TRAINING ACTIVITIES
2 RESPONDING TO THE COVID–19 NATIONAL
3 EMERGENCY.
4 (a) DISTRIBUTION OF FUNDS.—
5 (1) STATES.—From the amounts appropriated
6 under subsection (c), the Secretary shall make allot-
7 ments to States in accordance with section 132(b)(1)
8 of the Workforce Innovation and Opportunity Act
9 (29 U.S.C. 3172(b)(1)).
10 (2) LOCAL AREAS.—Not later than 30 days
11 after a State receives an allotment under paragraph
12 (1), the State shall use the allotted funds—
13 (A) to make the reservations required
14 under section 133(a) of the Workforce Innova-
15 tion and Opportunity Act (29 U.S.C. 3173(a)),
16 which reserved funds may be used for statewide
17 activities described in section 134(a) of such
18 Act (29 U.S.C. 3174(a)) related to the COVID–
19 19 national emergency; and
20 (B) to allocate the remaining funds to local
21 areas in accordance with paragraph (2)(A) or
22 (3) of section 133(b) of the Workforce Innova-
23 tion and Opportunity Act (29 U.S.C. 3173(b)).
24 (b) USES OF FUNDS.—
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25 (1) IN GENERAL.—Each State and local area
26 receiving funds under this section shall use the
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1 funds to engage in the adult employment and train-
2 ing activities described in section 134 of the Work-
3 force Innovation and Opportunity Act (29 U.S.C.
4 3174) to provide necessary supports and services to
5 eligible adults who are adversely impacted by the
6 COVID–19 national emergency, including to individ-
7 uals who are underemployed or most at risk of un-
8 employment, and shall coordinate the adult employ-
9 ment and training services with employers facing
10 economic hardship or employment challenges due to
11 economic impacts of the COVID–19 national emer-
12 gency.
13 (2) COVID–19 ADULT EMPLOYMENT AND
14 TRAINING ACTIVITIES.—
15 (A) SERVICES TO SUPPORT EMPLOYERS
16 IMPACTED BY THE COVID–19 NATIONAL EMER-
17 GENCY.—Of the funds allocated to a local area
18 under subsection (a)(2)(B), not less than one-
19 third shall be used for providing services to eli-
20 gible adults to support employers impacted by
21 the COVID–19 national emergency, including
22 incumbent worker training, on-the-job training,
23 and customized training activities, and activities
24 supporting employee retention for employers,
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25 prioritizing those employers facing economic
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1 hardship or employment challenges as a result
2 of the COVID–19 national emergency.
3 (B) UNDEREMPLOYMENT AND EMPLOY-
4 MENT SUPPORTS.—Of the funds allocated to a
5 local area and not used for activities under sub-
6 paragraph (A), such funds shall be used to pro-
7 vide the services and supports described in sec-
8 tion 134 of the Workforce Innovation and Op-
9 portunity Act (29 U.S.C. 3174) for eligible
10 adults who are workers facing underemploy-
11 ment, individuals seeking work, or dislocated
12 workers, prioritizing individuals with barriers to
13 employment or eligible adults who are adversely
14 impacted by economic changes within their
15 communities due to the COVID–19 national
16 emergency, including providing—
17 (i) work-based learning opportunities
18 including paid internships, paid work expe-
19 rience opportunities, transitional jobs, or
20 opportunities in apprenticeship programs;
21 (ii) career navigation supports to en-
22 courage and enable workers to find new ca-
23 reer pathways to in-demand industry sec-
24 tors and occupations and the necessary
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25 training to support those career pathways,
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1 or workplace learning advisors to support
2 incumbent workers;
3 (iii) training for in-demand industry
4 sectors and occupations, including for dig-
5 ital literacy needed for such industry sec-
6 tors and occupations;
7 (iv) virtual services and virtual em-
8 ployment and training activities, including
9 providing appropriate accommodations to
10 individuals with disabilities in accordance
11 with the Americans with Disabilities Act of
12 1990 (42 U.S.C. 12101 et seq.); and
13 (v) supportive services and individual-
14 ized career services.
15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
16 authorized to be appropriated to carry out this section and
17 subsections (a), (c), and (d) of section 3111,
18 $2,500,000,000 for fiscal year 2021, to remain available
19 through fiscal year 2023.
20 CHAPTER 2—EMPLOYMENT SERVICE
21 COVID–19 NATIONAL EMERGENCY RE-
22 SPONSE FUND
23 SEC. 3121. EMPLOYMENT SERVICE.
24 (a) IN GENERAL.—From the funds appropriated
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25 under subsection (c), the Secretary shall—
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1 (1) reserve not less than $100,000,000 for
2 workforce information systems improvements, in-
3 cluding for related electronic tools and system build-
4 ing, and for the activities described in subsection
5 (b)(1); and
6 (2) use the remaining funds to make allotments
7 in accordance with section 6 of the Wagner-Peyser
8 Act (29 U.S.C. 49e) to States, which for purposes
9 of this section shall include the Commonwealth of
10 the Northern Mariana Islands and American Samoa,
11 for—
12 (A) the activities described in subsection
13 (b)(2) of this section; and
14 (B) the activities described in section 15 of
15 the Wagner-Peyser Act (29 U.S.C. 49l–2).
16 (b) USES OF FUNDS.—
17 (1) RESERVATION USES OF FUNDS.—The Sec-
18 retary shall use the funds reserved under subsection
19 (a)(1) for—
20 (A) workforce information grants to States
21 for the development of labor market insights
22 and evidence on the State and local impacts of
23 the COVID–19 national emergency and on
24 promising reemployment strategies, and to im-
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1 prove access to tools and equipment for virtual
2 products and service delivery;
3 (B) the Workforce Information Technology
4 Support Center, to facilitate voluntary State
5 participation in multi-State data collaboratives
6 that develop real-time State and local labor
7 market insights on the impacts of the COVID–
8 19 national emergency and evidence to promote
9 more rapid reemployment and economic mobil-
10 ity, using cross-State and cross-agency adminis-
11 trative data; and
12 (C) improvements in short- and long-term
13 State and local occupational and employment
14 projections to facilitate reemployment, economic
15 mobility, and economic development strategies.
16 (2) STATE USES OF FUNDS.—A State shall use
17 an allotment received under subsection (a)(2) to—
18 (A) provide additional resources for sup-
19 porting employment service personnel employed
20 on a merit system in providing reemployment
21 services for unemployed and underemployed
22 workers impacted by the COVID–19 national
23 emergency;
24 (B) provide assistance for individuals im-
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25 pacted by the COVID–19 national emergency,
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1 including individuals receiving unemployment
2 benefits or seeking employment as a result of
3 the emergency (which provision of assistance
4 shall include providing for services such as re-
5 employment services, job search assistance, and
6 job matching services based on the experience
7 of individuals, and providing individualized ca-
8 reer services for all such individuals); and
9 (C) provide services for employers im-
10 pacted by the COVID–19 national emergency,
11 which shall include services for employers deal-
12 ing with labor force changes as a result of such
13 emergency.
14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
15 authorized to be appropriated to carry out the activities
16 described in this section $1,700,000,000 for fiscal year
17 2021, to remain available through fiscal year 2023.
18 CHAPTER 3—JOB CORPS RESPONSE TO
19 THE COVID–19 NATIONAL EMERGENCY
20 SEC. 3131. JOB CORPS RESPONSE TO THE COVID–19 NA-
21 TIONAL EMERGENCY.
22 (a) FUNDING FOR JOB CORPS DURING THE COVID–
23 19 NATIONAL EMERGENCY.—From the funds appro-
24 priated under subsection (c), the Secretary—
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1 (1) shall provide funds to each entity with
2 which the Secretary has entered into an agreement
3 under section 147(a)(1) of the Workforce Innovation
4 and Opportunity Act (29 U.S.C. 3197(a)(1)) to—
5 (A) during the COVID–19 national emer-
6 gency—
7 (i) carry out the activities described in
8 section 148(a) of the Workforce Innovation
9 and Opportunity Act (29 U.S.C. 3198(a));
10 and
11 (ii) provide the child care described in
12 section 148(e) of such Act (29 U.S.C.
13 3198(e)); and
14 (B) retain existing capacity (existing as of
15 June 1, 2019) of each Job Corps center, includ-
16 ing retaining the existing residential capacity,
17 during and after the COVID–19 national emer-
18 gency, and increase staffing and student capac-
19 ity and resources related to section 145 of the
20 Workforce Innovation and Opportunity Act (29
21 U.S.C. 3195) to provide for full on-board
22 strength after such emergency; and
23 (C) during the 12-month period after the
24 COVID–19 national emergency, carry out the
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25 graduate services described in section 148(d) of
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1 such Act (29 U.S.C. 3198(d)) for any indi-
2 vidual who has graduated from Job Corps dur-
3 ing the 3-month period after such emergency;
4 and
5 (2) may—
6 (A) provide up to 15 percent of the funds
7 provided to the entity to meet the operational
8 needs of the Job Corps center (which may in-
9 clude the cleaning, sanitation, and necessary
10 improvements of the center related to COVID–
11 19);
12 (B) support—
13 (i) activities providing the relationship
14 to opportunities, and links to employment
15 opportunities described in paragraphs (2)
16 and (3) of section 148(a) of the Workforce
17 Innovation and Opportunity Act (29
18 U.S.C. 3198(a));
19 (ii) to the greatest extent practicable,
20 the career and technical education and
21 training described in section 148(b) of
22 such Act (29 U.S.C. 3198(b)) through vir-
23 tual or remote means for any period while
24 Job Corps enrollees are away from their
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25 centers during the COVID–19 national
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1 emergency, including by providing nec-
2 essary technology resources to enrollees
3 during that period; and
4 (iii) other activities described in sec-
5 tion 148 of the Workforce Innovation and
6 Opportunity Act (29 U.S.C. 3198);
7 (C) provide for costs related to infrastruc-
8 ture projects, including technology moderniza-
9 tion needed to provide for virtual and remote
10 learning; and
11 (D) provide for payment of Job Corps sti-
12 pends, including emergency Job Corps stipends,
13 and facilitate such payments through means
14 such as debit cards with no usage fees, and pro-
15 vide for corresponding financial literacy.
16 (b) FLEXIBILITY.—
17 (1) IN GENERAL.—In order to provide for the
18 successful continuity of services and enrollment peri-
19 ods during the COVID–19 national emergency, addi-
20 tional flexibility shall be provided for Job Corps en-
21 rollees, operators, and providers of activities, includ-
22 ing flexibility described in paragraphs (2) through
23 (6).
24 (2) ELIGIBILITY.—Notwithstanding the age re-
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25 quirements for enrollment under section 144(a)(1)
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1 of the Workforce Innovation and Opportunity Act
2 (29 U.S.C. 3194(a)(1)), an individual seeking to en-
3 roll in the Job Corps and who will turn 25 during
4 the COVID–19 national emergency is eligible for
5 such enrollment.
6 (3) ENROLLMENT LENGTH.—Notwithstanding
7 section 146(b) of the Workforce Innovation and Op-
8 portunity Act (29 U.S.C. 3196(b)), an individual en-
9 rolled in the Job Corps during the COVID–19 na-
10 tional emergency may extend the individual’s period
11 of enrollment for more than 2 years, as long as such
12 extension does not exceed a 2-year, continuous pe-
13 riod of enrollment after the COVID–19 national
14 emergency.
15 (4) ADVANCED CAREER TRAINING PROGRAMS.—
16 With respect to advanced career training programs
17 under section 148(c) of the Workforce Innovation
18 and Opportunity Act (29 U.S.C. 3198(c)), in which
19 the enrollees may continue to participate for a pe-
20 riod not to exceed 1 year in addition to the period
21 of participation to which the enrollees would other-
22 wise be limited, the COVID–19 national emergency
23 shall not be considered as any portion of such addi-
24 tional 1-year participation period.
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1 (5) COUNSELING, JOB PLACEMENT, AND AS-
2 SESSMENT.—The counseling, job placement services,
3 and assessment described in section 149 of the
4 Workforce Innovation and Opportunity Act (29
5 U.S.C. 3199) shall be available to former enrollees—
6 (A) whose enrollment was interrupted due
7 to the COVID–19 national emergency; or
8 (B) who graduated from Job Corps not
9 earlier than January 1, 2020, but not later
10 than 3 months after the COVID–19 national
11 emergency.
12 (6) SUPPORT.—
13 (A) IN GENERAL.—The Secretary shall
14 provide additional support for the transition pe-
15 riods described in section 150(c) of the Work-
16 force Innovation and Opportunity Act (29
17 U.S.C. 3200(c)), including support described in
18 subparagraphs (B) and (C).
19 (B) TRANSITION ALLOWANCES.—The Sec-
20 retary shall provide for additional transition al-
21 lowances as described in subsection (b) of such
22 section for Job Corps graduates who have grad-
23 uated in 2020 and shall provide those allow-
24 ances during the period that begins on the first
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25 day of the COVID–19 national emergency and
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1 ends 3 months after the conclusion of the emer-
2 gency.
3 (C) TRANSITION SUPPORT.—The Secretary
4 shall consider the period described in subpara-
5 graph (B) as the period in which the employ-
6 ment services described in subsection (c) of
7 such section shall be provided to graduates who
8 have graduated in 2020.
9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
10 authorized to be appropriated to carry out this chapter
11 $500,000,000 for fiscal year 2021, to remain available
12 through fiscal year 2023.
13 CHAPTER 4—NATIONAL PROGRAMS
14 SEC. 3141. NATIVE AMERICAN PROGRAMS RESPONDING TO
15 THE COVID–19 NATIONAL EMERGENCY.
16 (a) COMPETITIVE GRANT AWARDS.—As a result of
17 challenges faced due to the COVID–19 national emer-
18 gency, the Secretary may extend, by 1 fiscal year, the 4-
19 year period for grants, contracts, and cooperative agree-
20 ments that will be awarded in fiscal year 2021 under sub-
21 section (c) of section 166 of the Workforce Innovation and
22 Opportunity Act (29 U.S.C. 3221). Funds under such
23 grants, contracts, and cooperative agreements shall be
24 used to carry out the activities described in subsection (d)
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25 of such section 166 through fiscal year 2025.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is
2 authorized to be appropriated to carry out this section and
3 activities as described in section 166 of the Workforce In-
4 novation and Opportunity Act (29 U.S.C. 3221)
5 $150,000,000 for fiscal year 2021, to remain available
6 through fiscal year 2025.
7 SEC. 3142. MIGRANT AND SEASONAL FARMWORKER PRO-
8 GRAM RESPONSE.
9 (a) COMPETITIVE GRANT AWARDS.—As a result of
10 challenges faced due to the COVID–19 national emer-
11 gency, the Secretary may extend, by 1 fiscal year, the 4-
12 year period for grants and contracts that will be awarded
13 in fiscal year 2021 under subsection (a) of section 167
14 of the Workforce Innovation and Opportunity Act (29
15 U.S.C. 3222). Funds under such grants and contracts
16 shall be used to carry out the activities described in sub-
17 section (d) of such section 167 through fiscal year 2025.
18 (b) ELIGIBLE MIGRANT AND SEASONAL FARM-
19 WORKER.—Notwithstanding the low-income requirement
20 in the definition of ‘‘eligible seasonal farmworker’’ in sec-
21 tion 167(i)(3) of the Workforce Innovation and Oppor-
22 tunity Act (29 U.S.C. 3222(i)(3)), an individual seeking
23 to enroll in a program funded under section 167 of the
24 Workforce Innovation and Opportunity Act (29 U.S.C.
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25 3222) during the COVID–19 national emergency is eligi-
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1 ble for such enrollment if such individual is a member of
2 a family with a total family income equal to or less than
3 150 percent of the poverty line.
4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
5 authorized to be appropriated to carry out this section and
6 activities as described in section 167 of the Workforce In-
7 novation and Opportunity Act (29 U.S.C. 3222)
8 $150,000,000 for fiscal year 2021, to remain available
9 through fiscal year 2023.
10 SEC. 3143. YOUTHBUILD ACTIVITIES RESPONDING TO THE
11 COVID–19 NATIONAL EMERGENCY.
12 (a) IN GENERAL.—In order to provide for the suc-
13 cessful continuity of services and enrollment periods dur-
14 ing the COVID–19 national emergency, the Secretary
15 shall—
16 (1) make available, from 20 percent of the
17 funds appropriated under subsection (c), assistance
18 to entities carrying out YouthBuild programs oper-
19 ating during the COVID–19 national emergency
20 and, for the assistance made available to such an en-
21 tity—
22 (A) the assistance may be used for car-
23 rying out the activities under section 171(c)(2)
24 of the Workforce Innovation and Opportunity
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25 Act (29 U.S.C. 3226(c)(2)); and
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1 (B) notwithstanding section 171(c)(2)(D)
2 of the Workforce Innovation and Opportunity
3 Act (29 U.S.C. 3226(c)(2)(D)), a portion equal
4 to not more than 20 percent of the assistance
5 may be used for the administrative costs of car-
6 rying out activities under section 171(c)(2) of
7 such Act, but all of such portion shall be used
8 for such administrative costs related to re-
9 sponding to the COVID–19 national emergency;
10 (2) after using funds in accordance with para-
11 graph (1), use 80 percent of the funds appropriated
12 under subsection (c) to—
13 (A) reserve and use funds in accordance
14 with section 171(g)(2)(B) of such Act (29
15 U.S.C. 3226(g)(2)(B)); and
16 (B) award grants in accordance with sec-
17 tion 171(c) of such Act (29 U.S.C. 3226(c)),
18 which may be awarded as supplemental awards,
19 to eligible entities that received grants under
20 such section 171(c) for program year 2019 or
21 2020; and
22 (3) provide for the flexibility described in sub-
23 section (b) for YouthBuild participants and entities
24 carrying out YouthBuild programs.
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25 (b) FLEXIBILITY.—
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1 (1) IN GENERAL.—During the COVID–19 na-
2 tional emergency, the Secretary shall provide for
3 flexibility for YouthBuild participants and entities
4 carrying out YouthBuild programs, including flexi-
5 bility described in paragraphs (2) and (3).
6 (2) ELIGIBILITY.—Notwithstanding the age re-
7 quirements for enrollment under section
8 171(e)(1)(A)(i) of the Workforce Innovation and Op-
9 portunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an indi-
10 vidual seeking to participate in a YouthBuild pro-
11 gram and who will turn 25 during the COVID–19
12 national emergency is eligible for such participation.
13 (3) PARTICIPATION LENGTH.—Notwithstanding
14 section 171(e)(2) of the Workforce Innovation and
15 Opportunity Act (29 U.S.C. 3226(e)(2)), the period
16 of participation in a YouthBuild program may ex-
17 tend for more than 24 months for an individual par-
18 ticipating in such program during the COVID–19
19 national emergency, as long as such extension does
20 not exceed a 24-month, continuous period of enroll-
21 ment after the COVID–19 national emergency.
22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
23 authorized to be appropriated to carry out this section
24 $250,000,000 for fiscal year 2021, to remain available
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25 through fiscal year 2023.
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1 SEC. 3144. REENTRY EMPLOYMENT OPPORTUNITIES RE-
2 SPONDING TO THE COVID–19 NATIONAL
3 EMERGENCY.
4 (a) IN GENERAL.—The Secretary shall—
5 (1) not later than 30 days after the date of en-
6 actment of this Act, announce an opportunity to re-
7 ceive funds in accordance with section 169(b) of the
8 Workforce Innovation and Opportunity Act (29
9 U.S.C. 3224(b)) for the activities described in sub-
10 section (b) of this section; and
11 (2) from the funds appropriated under sub-
12 section (c), not later than 45 days after the date on
13 which an entity submits an application that meets
14 the requirements of the Secretary under this section,
15 award funds under this section to such entity.
16 (b) USE OF FUNDS.—
17 (1) IN GENERAL.—Funds under this section
18 shall be used to support reentry employment oppor-
19 tunities for justice system-involved youth or young
20 adults, formerly incarcerated adults, and former of-
21 fenders, during and following the COVID–19 na-
22 tional emergency, with priority given to providing for
23 subsidized employment and transitional jobs, and
24 creating stronger alignment between the opportuni-
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25 ties and the workforce development system and par-
26 ticipant supports under subtitle B of title I of the
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1 Workforce Innovation and Opportunity Act (29
2 U.S.C. 3151 et seq.).
3 (2) GRANTS FOR INTERMEDIARIES.—
4 (A) RESERVATION.—Of the amount appro-
5 priated under subsection (c), the Secretary shall
6 reserve $87,500,000 for grants under this para-
7 graph.
8 (B) GRANTS.—The Secretary shall make
9 grants, on a competitive basis, to national and
10 regional intermediaries for reentry employment
11 opportunities described in paragraph (1) that
12 prepare young, formerly incarcerated individ-
13 uals described in paragraph (1), including such
14 individuals who have dropped out of school or
15 other educational programs. In making the
16 grants, the Secretary shall give priority to inter-
17 mediaries proposing projects serving high-crime,
18 high-poverty areas.
19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
20 authorized to be appropriated to carry out this section
21 $350,000,000 for fiscal year 2021, to remain available
22 through fiscal year 2023.
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1 SEC. 3145. REGISTERED APPRENTICESHIP OPPORTUNITIES
2 RESPONDING TO THE COVID–19 NATIONAL
3 EMERGENCY.
4 (a) IN GENERAL.—From the funds appropriated
5 under subsection (c), the Secretary shall award grants,
6 contracts, or cooperative agreements to eligible entities on
7 a competitive basis to create or expand apprenticeship pro-
8 grams, which shall include pre-apprenticeship programs
9 and youth apprenticeship programs.
10 (b) USE OF FUNDS.—In making awards under sub-
11 section (a), the Secretary shall ensure that—
12 (1) not less than 50 percent of the funds appro-
13 priated under subsection (c) shall be awarded to
14 States in accordance with the award information de-
15 scribed in the Department of Labor Employment
16 and Training Administration Training and Employ-
17 ment Guidance Letter No. 17–18 issued on May 3,
18 2019;
19 (2) the remaining funds appropriated under
20 subsection (c) after funds are awarded under para-
21 graph (1) shall be used for supporting national in-
22 dustry and equity intermediaries, and local inter-
23 mediaries; and
24 (3) funds awarded under this section shall be
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25 used for creating or expanding opportunities in ap-
26 prenticeship programs, including opportunities in
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1 pre-apprenticeship programs and youth apprentice-
2 ship programs, and activities including—
3 (A) providing supportive services;
4 (B) using recruitment and retention strate-
5 gies for program participants with a priority for
6 recruiting and retaining, for programs, a high
7 number or high percentage of individuals with
8 barriers to employment and individuals from
9 populations traditionally underrepresented in
10 apprenticeship programs;
11 (C) expanding apprenticeship opportunities
12 in high-skill, high-wage, or in-demand industry
13 sectors and occupations;
14 (D) paying for costs associated with re-
15 lated instruction, or wages while participating
16 in related instruction;
17 (E) improving educational alignment; and
18 (F) encouraging employer participation.
19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
20 authorized to be appropriated to carry out this section
21 $500,000,000 for fiscal year 2021, to remain available
22 through fiscal year 2023.
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1 CHAPTER 5—ADULT EDUCATION AND LIT-
2 ERACY COVID–19 NATIONAL EMER-
3 GENCY RESPONSE
4 SEC. 3151. DEFINITIONS.
5 In this chapter, the terms ‘‘adult education’’, ‘‘adult
6 education and literacy activities’’, ‘‘eligible agency’’, ‘‘eligi-
7 ble provider’’, and ‘‘integrated education and training’’
8 have the meanings given the terms in section 203 of the
9 Workforce Innovation and Opportunity Act (29 U.S.C.
10 3272).
11 SEC. 3152. ADULT EDUCATION AND LITERACY RESPONSE
12 ACTIVITIES.
13 During the COVID–19 national emergency, an eligi-
14 ble agency may use funds available to such agency under
15 paragraphs (2) and (3) of section 222(a) of the Workforce
16 Innovation and Opportunity Act (20 U.S.C. 3302(a)), for
17 the administrative expenses of the eligible agency related
18 to transitions to online service delivery of adult education
19 and literacy activities.
20 SEC. 3153. DISTRIBUTION OF FUNDS.
21 (a) RESERVATION OF FUNDS; GRANTS TO ELIGIBLE
22 AGENCIES.—From the amounts appropriated under sub-
23 section (c), the Secretary shall—
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1 (1) reserve and use funds in accordance with
2 section 211(a) of the Workforce Innovation and Op-
3 portunity Act (29 U.S.C. 3291); and
4 (2) award grants to eligible agencies in accord-
5 ance with section 211(b) of the Workforce Innova-
6 tion and Opportunity Act (29 U.S.C. 3291), ensur-
7 ing that not less than 10 percent of the total funds
8 awarded through those grants shall be used to pro-
9 vide adult education and literacy activities in correc-
10 tional facilities.
11 (b) USES OF FUNDS.—Each eligible agency or eligi-
12 ble provider shall use the funds received through sub-
13 section (a)(2) to expand the capacity of adult education
14 providers to prioritize serving adults with low literacy or
15 numeracy levels negatively impacted by the economic con-
16 sequences of the COVID–19 national emergency, which
17 may include—
18 (1) expanding the infrastructure needed for the
19 provision of services and educational resources on-
20 line or through digital means, including the provi-
21 sion of technology or internet access to students and
22 instructional staff to enable virtual or distance learn-
23 ing;
24 (2) creating or expanding digital literacy cur-
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25 ricula and resources, including professional develop-
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1 ment activities to aid instructional and program
2 staff in providing online or digital training to stu-
3 dents; and
4 (3) equipping adult education providers to part-
5 ner more closely with partners in workforce develop-
6 ment systems on implementation strategies such as
7 provision of integrated education and training to
8 prepare adult learners on an accelerated timeline for
9 high-skill, high-wage, or in-demand industry sectors
10 and occupations.
11 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
12 authorized to be appropriated to carry out this section
13 $1,000,000,000 for fiscal year 2021, to remain available
14 through fiscal year 2023.
15 CHAPTER 6—COMMUNITY COLLEGE AND
16 INDUSTRY PARTNERSHIP GRANTS
17 SEC. 3161. COMMUNITY COLLEGE AND INDUSTRY PART-
18 NERSHIP GRANTS.
19 (a) DEFINITIONS.—In this section:
20 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
21 ty’’ means an eligible institution or a consortium of
22 such eligible institutions, which may include a
23 multistate consortium of such eligible institutions.
24 (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
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25 ble institution’’ means a public institution of higher
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1 education (as defined in section 101(a) of the High-
2 er Education Act of 1965 (20 U.S.C. 1001(a))) at
3 which the highest degree that is predominantly
4 awarded to students is an associate degree, including
5 a 2-year Tribal College or University (as defined in
6 section 316 of the Higher Education Act (20 U.S.C.
7 1059c)).
8 (3) PERKINS CTE DEFINITIONS.—The terms
9 ‘‘career and technical education’’, ‘‘dual or concur-
10 rent enrollment program’’, and ‘‘work-based learn-
11 ing’’ have the meanings given the terms in section
12 3 of the Carl D. Perkins Career and Technical Edu-
13 cation Act of 2006 (20 U.S.C. 2302).
14 (b) GRANT AUTHORITY.—
15 (1) IN GENERAL.—From the funds appro-
16 priated under subsection (h) and not reserved under
17 subsection (f), the Secretary, in collaboration with
18 the Secretary of Education (acting through the Of-
19 fice of Career, Technical, and Adult Education) shall
20 award, on a competitive basis, grants, contracts, or
21 cooperative agreements, in accordance with section
22 169(b)(5) of the Workforce Innovation and Oppor-
23 tunity Act (29 U.S.C. 3224(b)(5)), to eligible enti-
24 ties to assist such eligible entities in—
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1 (A) establishing and scaling career training
2 programs, including career and technical edu-
3 cation programs, and industry and sector part-
4 nerships to inform such programs; and
5 (B) providing necessary student supports.
6 (2) AWARD AMOUNTS.—The total amount of
7 funds awarded under this section to an eligible enti-
8 ty shall not exceed—
9 (A) in the case of an eligible entity that is
10 an eligible institution, $2,500,000; and
11 (B) in the case of an eligible entity that is
12 a consortium, $15,000,000.
13 (3) AWARD PERIOD.—A grant, contract, or co-
14 operative agreement awarded under this section shall
15 be for a period of not more than 4 years, except that
16 the Secretary may extend such a grant, contract, or
17 agreement for an additional 2-year period.
18 (4) EQUITABLE DISTRIBUTION.—In awarding
19 grants under this section, the Secretary shall ensure,
20 to the extent practicable, the equitable distribution
21 of grants, based on—
22 (A) geography (such as urban and rural
23 distribution); and
24 (B) States and local areas significantly im-
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25 pacted by the COVID–19 national emergency.
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1 (c) PRIORITY.—In awarding funds under this section,
2 the Secretary shall give priority to eligible entities that
3 will use such funds to serve individuals impacted by the
4 COVID–19 national emergency, as demonstrated by pro-
5 viding an assurance in the application submitted under
6 subsection (d) that the eligible entity will use such funds
7 to—
8 (1) serve such individuals with barriers to em-
9 ployment, veterans, spouses of members of the
10 Armed Forces, Native Americans, Alaska Natives,
11 Native Hawaiians, or incumbent workers who are
12 low-skilled and who need to increase their employ-
13 ability skills;
14 (2) serve such individuals from each major ra-
15 cial and ethnic group or gender with lower than av-
16 erage educational attainment in the State or employ-
17 ment in the in-demand industry sector or occupation
18 that such award will support; or
19 (3) serve areas with high unemployment rates
20 or high levels of poverty, including rural areas.
21 (d) APPLICATION.—An eligible entity seeking an
22 award of funds under this section shall submit to the Sec-
23 retary an application containing a grant proposal at such
24 time and in such manner, and containing such informa-
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1 tion, as required by the Secretary, including a detailed de-
2 scription of the following:
3 (1) Each entity (and the roles and responsibil-
4 ities of each entity) with which the eligible entity will
5 partner to carry out activities under this section, in-
6 cluding each of the following:
7 (A) An industry or sector partnership rep-
8 resenting a high-skill, high-wage, or in-demand
9 industry sector or occupation.
10 (B) A State higher education agency or a
11 State workforce agency.
12 (C) To the extent practicable—
13 (i) State or local workforce develop-
14 ment systems;
15 (ii) economic development and other
16 relevant State or local agencies;
17 (iii) one or more community-based or-
18 ganizations;
19 (iv) one or more institutions of higher
20 education that primarily award 4-year de-
21 grees with which the eligible institution has
22 developed or will develop articulation
23 agreements for programs created or ex-
24 panded using funds under this section;
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1 (v) one or more providers of adult
2 education; and
3 (vi) one or more labor organizations
4 or joint labor-management partnerships.
5 (2) The programs that will be supported with
6 such award, including a description of—
7 (A) each program that will be developed or
8 expanded, and how the program will be respon-
9 sive to the high-skill, high-wage, or in-demand
10 industry sectors or occupations in the geo-
11 graphic region served by the eligible entity
12 under this section, including—
13 (i) how the eligible entity will collabo-
14 rate with employers to ensure each such
15 program will provide the skills and com-
16 petencies necessary to meet future employ-
17 ment demand; and
18 (ii) the quantitative data and evidence
19 that demonstrates the extent to which each
20 such program will meet the needs of em-
21 ployers in the geographic area served by
22 the eligible entity under this section;
23 (B) the recognized postsecondary creden-
24 tials to be awarded under each program de-
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25 scribed in subparagraph (A);
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1 (C) how each such program will facilitate
2 cooperation between representatives of workers
3 and employers in the local areas to ensure a
4 fair and engaging workplace that balances the
5 priorities and well-being of workers with the
6 needs of businesses;
7 (D) the extent to which each such program
8 aligns with a statewide or regional workforce
9 development strategy, including such strategies
10 established under section 102(b)(1) of the
11 Workforce Innovation and Opportunity Act (29
12 U.S.C. 3112(b)(1)); and
13 (E) how the eligible entity will ensure the
14 quality of each such program, the career path-
15 ways within such programs, and the jobs in the
16 industry sectors or occupations to which the
17 program is aligned.
18 (3) The extent to which the eligible entity can
19 leverage additional resources, and demonstration of
20 the future sustainability of each such program.
21 (4) How each such program and activities car-
22 ried out under the grant will include evidence-based
23 practices, including a description of such practices.
24 (5) The student populations that will be served
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25 by the eligible entity, including—
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1 (A) an analysis of any barriers to employ-
2 ment or barriers to postsecondary education
3 that such populations face, and an analysis of
4 how the services to be provided by the eligible
5 entity under this section will address such bar-
6 riers; and
7 (B) how the eligible entity will support
8 such populations to establish a work history,
9 demonstrate success in the workplace, and de-
10 velop the skills and competencies that lead to
11 entry into and retention in unsubsidized em-
12 ployment.
13 (6) Assurances the eligible entity will partici-
14 pate in and comply with third-party evaluations de-
15 scribed in subsection (f)(3).
16 (e) USE OF FUNDS.—
17 (1) IN GENERAL.—An eligible entity shall use a
18 grant awarded under this section to establish and
19 scale career training programs, including career and
20 technical education programs, and career pathways
21 and supports for students participating in such pro-
22 grams.
23 (2) STUDENT SUPPORT AND EMERGENCY SERV-
24 ICES.—Not less than 15 percent of the grant award-
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1 used to carry out student support services which
2 may include the following:
3 (A) Supportive services, including child
4 care, transportation, mental health services,
5 substance use disorder prevention and treat-
6 ment, assistance in obtaining health insurance
7 coverage, housing, and assistance in accessing
8 the supplemental nutrition assistance program
9 established under the Food and Nutrition Act
10 of 2008 (7 U.S.C. 2011 et seq.), the special
11 supplemental nutrition program for women, in-
12 fants, and children established by section 17 of
13 the Child Nutrition Act of 1966 (42 U.S.C.
14 1786), and other benefits, as appropriate.
15 (B) Connecting students to State or Fed-
16 eral means-tested benefits programs, including
17 the means-tested Federal benefits programs de-
18 scribed in subparagraphs (A) through (F) of
19 section 479(d)(2) of the Higher Education Act
20 of 1965 (20 U.S.C. 1087ss(d)(2)).
21 (C) The provision of direct financial assist-
22 ance to help students facing financial hardships
23 that may impact enrollment in or completion of
24 a program assisted with such funds.
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1 (D) Navigation, coaching, mentorship, and
2 case management services, including providing
3 information and outreach to populations de-
4 scribed in subsection (c) to take part in a pro-
5 gram supported with such funds.
6 (E) Providing access to necessary supplies,
7 materials, or technological devices, and required
8 equipment, and other supports necessary to
9 participate in such programs.
10 (3) ADDITIONAL REQUIRED PROGRAM ACTIVI-
11 TIES.—The funds awarded to an eligible entity
12 under this section that remain after carrying out
13 paragraph (2) shall be used to—
14 (A) create, develop, or expand articulation
15 agreements (as defined in section 486A(a) of
16 the Higher Education Act of 1965 (20 U.S.C.
17 1093a(a))), credit transfer agreements, policies
18 to award credit for prior learning, corequisite
19 remediation, dual or concurrent enrollment pro-
20 grams, career pathways, and competency-based
21 education;
22 (B) establish or expand industry or sector
23 partnerships to develop or expand academic
24 programs and curricula;
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1 (C) establish or expand work-based learn-
2 ing opportunities, including apprenticeship pro-
3 grams or paid internships;
4 (D) establish or implement plans for pro-
5 grams supported with funds under this section
6 to be included on the eligible training provider,
7 as described under section 122(d) of the Work-
8 force Innovation and Opportunity Act (29
9 U.S.C. 3152(d));
10 (E) award academic credit or provide for
11 academic alignment towards credit pathways for
12 programs assisted with such funds, including
13 industry recognized credentials, competency-
14 based education, or work-based learning;
15 (F) make available open, searchable, and
16 comparable information on the recognized post-
17 secondary credentials awarded under such pro-
18 grams, including the related skills or com-
19 petencies, related employment, and earnings
20 outcomes; or
21 (G) acquiring equipment necessary to sup-
22 port activities permitted under this section.
23 (f) SECRETARIAL RESERVATIONS.—Not more than 5
24 percent of the funds appropriated for a fiscal year may
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25 be used by the Secretary for—
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1 (1) the administration of the program under
2 this section, including providing technical assistance
3 to eligible entities;
4 (2) targeted outreach to eligible institutions
5 serving a high number or high percentage of low-in-
6 come populations, and rural serving eligible institu-
7 tions to provide guidance and assistance in the grant
8 application process under this section; and
9 (3) a rigorous, third-party evaluation that uses
10 experimental or quasi-experimental design or other
11 research methodologies that allow for the strongest
12 possible causal inferences to determine whether each
13 eligible entity carrying out a program supported
14 under this section has met the goals of such pro-
15 gram as described in the application submitted by
16 the eligible entity, including through a national as-
17 sessment of all such programs at the conclusion of
18 each 4-year grant period.
19 (g) REPORTS AND DISSEMINATION.—
20 (1) REPORTS.—Each eligible entity receiving
21 funds under this section shall report to the Sec-
22 retary annually on—
23 (A) a description of the programs sup-
24 ported with such funds, including activities car-
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1 tivities carried out by each partner of the eligi-
2 ble entity described in subsection (d)(1);
3 (B) data on the population served with the
4 funds and labor market outcomes of popu-
5 lations served by the funds;
6 (C) resources leveraged by the eligible enti-
7 ty to support activities under this section; and
8 (D) the performance of each such program
9 with respect to the indicators of performance
10 under section 116(b)(2)(A)(i) of the Workforce
11 Innovation and Opportunity Act (29 U.S.C.
12 3141(b)(2)(A)(i)).
13 (2) DISSEMINATION.—Each eligible entity re-
14 ceiving funds under this section shall—
15 (A) participate in activities regarding the
16 dissemination of related research, best prac-
17 tices, and technical assistance; and
18 (B) to the extent practicable, and as deter-
19 mined by the Secretary, make available to the
20 public any materials created under the grant.
21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is
22 authorized to be appropriated to carry out this section
23 $2,000,000,000 for fiscal year 2021, to remain available
24 through fiscal year 2025.
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1 CHAPTER 7—SENIOR COMMUNITY
2 SERVICE EMPLOYMENT PROGRAM
3 SEC. 3171. APPROPRIATIONS.
4 There is appropriated to the Secretary, out of any
5 money in the Treasury not otherwise appropriated,
6 $140,000,000 to carry out title V of the Older Americans
7 Act of 1965 (42 U.S.C. 3056 et seq.), for each of fiscal
8 years 2021 through 2025.
9 CHAPTER 8—GENERAL PROVISIONS
10 SEC. 3176. GENERAL PROVISIONS.
11 (a) SUPPLEMENT, NOT SUPPLANT.—Any Federal
12 funds provided under this subtitle shall be used only to
13 supplement and not supplant the funds that would, in the
14 absence of such Federal funds, be made available from
15 State or local public funds for adult education and literacy
16 activities, employment and training activities, or other ac-
17 tivities carried out under the Workforce Innovation and
18 Opportunity Act (29 U.S.C. 3101 et seq.).
19 (b) EVALUATIONS.—Any activity or program carried
20 out with funds provided under this subtitle shall be subject
21 to the following:
22 (1) Measurement with performance account-
23 ability indicators in accordance with section
24 116(b)(2)(A) of the Workforce Innovation and Op-
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1 portunity Act (29 U.S.C. 3141(b)(2)(A)) or as pro-
2 vided as follows:
3 (A) With respect to an activity or program
4 carried out under section 3131, the measure-
5 ment with performance accountability indicators
6 shall be in accordance with section
7 116(b)(2)(A)(ii) of the Workforce Innovation
8 and Opportunity Act (29 U.S.C.
9 3141(b)(2)(A)(ii)).
10 (B) With respect to an activity or program
11 carried out under section 3143, the measure-
12 ment with performance accountability indicators
13 shall be in accordance with section
14 116(b)(2)(A)(ii) of the Workforce Innovation
15 and Opportunity Act (29 U.S.C.
16 3141(b)(2)(A)(ii)).
17 (2) Rigorous evaluation using research ap-
18 proaches appropriate to the level of development and
19 maturity of the activity or program, which evalua-
20 tion may include random assignment or quasi-experi-
21 mental impact evaluations, implementation evalua-
22 tions, pre-experimental studies, and feasibility stud-
23 ies, including studies of job quality measures and
24 credential transparency.
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1 (c) USES OF FUNDS.—From the funds appropriated
2 under subsection (d), the Secretary of Labor shall—
3 (1) support the administration of the funds
4 under this subtitle and evaluation of activities and
5 programs described in subsection (b), including by
6 providing guidance and technical assistance to
7 States and local areas;
8 (2) establish an interagency agreement with the
9 Secretary of Education for—
10 (A) coordination of funding priorities, with
11 other relevant Federal agencies, as applicable;
12 (B) dissemination and administration of
13 grants and funding under this subtitle; and
14 (C) execution of research and evaluation
15 activities to minimize the duplication of efforts
16 and job training investments;
17 (3) provide guidance to States and local areas
18 on how to make, and financial support to enable the
19 States and local areas to make, information on rec-
20 ognized postsecondary credentials and related com-
21 petencies being awarded for activities carried out
22 with funds under this subtitle publicly available,
23 searchable, and comparable as linked open data;
24 (4) not later than 30 days after the date of en-
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1 this subtitle in accordance with the Workforce Inno-
2 vation and Opportunity Act (29 U.S.C. 3101 et
3 seq.); and
4 (5) provide not less than $1,000,000 for each
5 fiscal year for the Office of Inspector General of the
6 Department of Labor to oversee the administration
7 and distribution of funds under this subtitle.
8 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
9 authorized to be appropriated $90,000,000 to carry out
10 this section for fiscal year 2021, to remain available
11 through fiscal year 2025.
12 Subtitle B—Carl D. Perkins Career
13 and Technical Education Act of
14 2006
15 SEC. 3201. DEFINITIONS AND PERKINS CTE REQUIRE-
16 MENTS.
17 (a) PERKINS CTE DEFINITIONS AND REQUIRE-
18 MENTS.—Except as otherwise provided, in this subtitle—
19 (1) the terms have the meanings given the
20 terms in section 3 of the Carl D. Perkins Career and
21 Technical Education Act of 2006 (20 U.S.C. 2302);
22 and
23 (2) an allotment, allocation, or other provision
24 of funds made under this subtitle in accordance with
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25 a provision of the Carl D. Perkins Career and Tech-
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1 nical Education Act of 2006 (20 U.S.C. 2301 et
2 seq.) shall be made in compliance with the applicable
3 requirements of such Act (20 U.S.C. 2301 et seq.).
4 (b) OTHER DEFINITIONS.—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
12 national emergency declared by the President under
13 the National Emergencies Act (50 U.S.C. 1601 et
14 seq.) on March 13, 2020, with respect to the
15 coronavirus.
16 SEC. 3202. COVID–19 CAREER AND TECHNICAL EDUCATION
17 RESPONSE FLEXIBILITY.
18 (a) POOLING OF FUNDS.—An eligible recipient may,
19 in accordance with section 135(c) of the Carl D. Perkins
20 Career and Technical Education Act of 2006 (20 U.S.C.
21 2355(c)), pool a portion of funds received under such Act
22 with a portion of funds received under such Act available
23 to one or more eligible recipients to support the transition
24 from secondary education to postsecondary education or
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1 employment for CTE participants whose academic year
2 was interrupted by the COVID–19 national emergency.
3 (b) PROFESSIONAL DEVELOPMENT.—During the
4 COVID–19 national emergency, section 3(40)(B) of the
5 Carl D. Perkins Career and Technical Education Act of
6 2006 (20 U.S.C. 2302(40)(B)) shall apply as if ‘‘sustained
7 (not stand-alone, 1-day, or short-term workshops), inten-
8 sive, collaborative, job-embedded, data-driven, and class-
9 room-focused,’’ were struck.
10 SEC. 3203. PERKINS CAREER AND TECHNICAL EDUCATION.
11 (a) DISTRIBUTION OF FUNDS.—
12 (1) STATES.—From the amounts appropriated
13 under subsection (c), the Secretary shall make allot-
14 ments to eligible agencies in accordance with section
15 111(a)(3) of the Carl D. Perkins Career and Tech-
16 nical Education Act of 2006 (20 U.S.C. 2321(a)(3)).
17 (2) LOCAL AREAS.—
18 (A) IN GENERAL.—Not later than 30 days
19 after an eligible agency receives an allotment
20 under paragraph (1), the eligible agency shall
21 make available such funds in accordance with
22 section 112(a) of the Carl D. Perkins Career
23 and Technical Education Act of 2006 (20
24 U.S.C. 2322(a)), including making such funds
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1 accordance with sections 131 and 132 of such
2 Act.
3 (B) RESERVED FUNDS.—An eligible agen-
4 cy that reserves funds in accordance with sec-
5 tion 112(a)(1) of the Carl D. Perkins Career
6 and Technical Education Act of 2006 (20
7 U.S.C. 2322(a)) to be used in accordance with
8 section 112(c) of such Act, may also use such
9 reserved funds for digital, physical, or tech-
10 nology infrastructure related projects to im-
11 prove career and technical education offerings
12 within the State.
13 (b) USES OF FUNDS.—Each eligible agency and eligi-
14 ble recipient shall use the funds received under this section
15 to carry out activities improving or expanding career and
16 technical education programs and programs of study to
17 adequately respond to State and local needs as a result
18 of the COVID–19 national emergency, including—
19 (1) expanding and modernizing digital, physical,
20 or technology infrastructure to deliver in-person, on-
21 line, virtual, and simulated educational and work-
22 based learning experiences;
23 (2) acquiring appropriate equipment, tech-
24 nology, supplies, and instructional materials aligned
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1 ery, testing equipment, tools, hardware, software,
2 and other new and emerging instructional materials;
3 (3) providing incentives to employers and CTE
4 participants facing economic hardships due to the
5 COVID–19 national emergency to participate in
6 work-based learning programs;
7 (4) expanding or adapting program offerings or
8 supports based on an updated comprehensive needs
9 assessment to systemically respond to employers’
10 and CTE participants’ changing needs as a result of
11 the COVID–19 national emergency; or
12 (5) providing for professional development and
13 training activities for career and technical education
14 teachers, faculty, school leaders, administrators, spe-
15 cialized instructional support personnel, career guid-
16 ance and academic counselors, and paraprofessionals
17 to support activities carried out under this section.
18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
19 authorized to be appropriated to carry out this section
20 $1,000,000,000 for fiscal year 2021, to remain available
21 through fiscal year 2023.
22 SEC. 3204. GENERAL PROVISIONS.
23 (a) SUPPLEMENT, NOT SUPPLANT.—Any Federal
24 funds provided under this subtitle shall be used only to
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1 Federal funds, be made available from non-Federal
2 sources for career and technical education programs or
3 other activities carried out under the Carl D. Perkins Ca-
4 reer and Technical Education Act of 2006 (20 U.S.C.
5 2301 et seq.), and not to supplant such funds.
6 (b) EVALUATIONS.—Any activity or program carried
7 out with funds received under this subtitle shall be subject
8 to—
9 (1) performance accountability indicators in ac-
10 cordance with section 113 of the Carl D. Perkins
11 Career and Technical Education Act of 2006 (20
12 U.S.C. 2323); and
13 (2) rigorous evaluation using research ap-
14 proaches appropriate to the level of development and
15 maturity of the activity or program, including ran-
16 dom assignment or quasi-experimental impact eval-
17 uations, implementation evaluations, pre-experi-
18 mental studies, and feasibility studies, including
19 studying job quality measures and credential trans-
20 parency.
21 (c) USES OF FUNDS.—From the funds appropriated
22 under subsection (d), the Secretary shall—
23 (1) support the administration of the funds for
24 this subtitle and evaluation of such activities de-
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1 (2) establish an interagency agreement with the
2 Secretary of Labor for—
3 (A) coordinating funding priorities, includ-
4 ing with other relevant Federal agencies, in-
5 cluding the Department of Health and Human
6 Services;
7 (B) dissemination and administration of
8 grants and funding under this subtitle; and
9 (C) execution of research and evaluation
10 activities to minimize the duplication of efforts
11 and job training investments and facilitate
12 greater blending and braiding of Federal and
13 non-Federal funds;
14 (3) not later than 30 days after the date of en-
15 actment of this Act, issue guidance for implementing
16 this subtitle in accordance with the Carl D. Perkins
17 Career and Technical Education Act of 2006 (20
18 U.S.C. 2301 et seq.); and
19 (4) provide not less than $250,000 for each fis-
20 cal year for the Office of Inspector General of the
21 Department of Education to oversee the administra-
22 tion and distribution of funds under this subtitle.
23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
24 authorized to be appropriated to carry out this section
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1 $10,000,000 for fiscal year 2021, to remain available
2 through fiscal year 2025.
3 Subtitle C—Pandemic TANF
4 Assistance
5 SEC. 3301. EMERGENCY FLEXIBILITY FOR STATE AND TRIB-
6 AL TANF PROGRAMS.
7 (a) SUSPENSION OF REQUIREMENTS AND PENALTIES
8 RELATING TO THE TIME LIMIT FOR ASSISTANCE, WORK,
9 AND CERTAIN OTHER REQUIREMENTS.—
10 (1) IN GENERAL.—During the applicable pe-
11 riod—
12 (A) sections 407(a), 407(e)(1), and
13 408(a)(7)(A) of the Social Security Act (42
14 U.S.C. 607(a), 607(e)(1), 608(a)(7)(A)) shall
15 have no force or effect;
16 (B) no penalty shall be imposed against an
17 individual or the individual’s family with respect
18 to section 407(e)(1) or 408(b)(3) of such Act
19 (42 U.S.C. 607(e)(1), 608(b)(3));
20 (C) a State shall not deny, reduce, or ter-
21 minate assistance to a family because an indi-
22 vidual does not comply with such section
23 407(e)(1) or does not otherwise engage in work
24 required by the State;
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1 (D) a State shall not deny, reduce, or ter-
2 minate assistance to an individual or the indi-
3 vidual’s family with respect to a failure to co-
4 operate with completing the assessment re-
5 quired under section 408(b)(1) of such Act (42
6 U.S.C. 608(b)(1));
7 (E) a State may defer a required assess-
8 ment of the employability of an individual
9 under section 408(b) of such Act (42 U.S.C.
10 608(b)) to 90 days following the end of the ap-
11 plicable period;
12 (F) no condition on assistance for an indi-
13 vidual or the individual’s family shall be im-
14 posed in connection with enforcing penalties de-
15 scribed in section 409(a)(5) of such Act (42
16 U.S.C. 609(a)(5));
17 (G) no penalty shall be imposed against an
18 individual or the individual’s family with respect
19 to section 408(a)(2) of such Act (42 U.S.C.
20 608(a)(2)); and
21 (H) paragraphs (3), (5), (8), (9), (14), and
22 (15) of section 409(a) of such Act (42 U.S.C.
23 609(a)) shall not apply with respect to any vio-
24 lation of a requirement described in such a
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1 paragraph that occurs during or with respect to
2 the applicable period.
3 (2) TRIBAL PROGRAMS.—During the applicable
4 period—
5 (A) the minimum work participation re-
6 quirements and time limits established under
7 section 412(c) of the Social Security Act (42
8 U.S.C. 612(c)) shall have no force or effect;
9 (B) no penalty shall be imposed against an
10 individual or the individual’s family with respect
11 to a violation of such requirements or limits;
12 (C) no condition on assistance for an indi-
13 vidual or the individual’s family shall be im-
14 posed in connection with enforcing penalties de-
15 scribed in section 409(a)(5) of such Act (42
16 U.S.C. 609(a)(5)); and
17 (D) the penalties established under such
18 section 412(c) shall not apply with respect to
19 conduct engaged in during or with respect to
20 the applicable period.
21 (b) APPLICATION TO PROGRAM ENFORCEMENT PRO-
22 VISIONS.—
23 (1) WAIVER OF CERTAIN PENALTIES.—The
24 Secretary shall not impose a penalty against a State
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1 (14), or (15) of section 409(a) of such Act (42
2 U.S.C. 609(a)) with respect to any violation of a re-
3 quirement described in such a paragraph that occurs
4 during or with respect to the applicable period.
5 (2) CORRECTIVE COMPLIANCE PLANS.—If a
6 State or Indian tribe has a corrective compliance
7 plan in effect during or with respect to the applica-
8 ble period that involves a violation for which a pen-
9 alty specified in paragraph (1) would be imposed,
10 the Secretary shall—
11 (A) disregard the months occurring during
12 the applicable period (and any portion of such
13 months) for purposes of determining whether
14 the State or Indian tribe has not, in a timely
15 manner, corrected or discontinued, as appro-
16 priate, the violation pursuant to the corrective
17 compliance plan accepted by the Secretary; and
18 (B) consult with the State or Indian tribe
19 on modifications to the corrective compliance
20 plan for how the State will correct or dis-
21 continue, as appropriate, the violation and how
22 the State will ensure compliance with the re-
23 quirements of part A of title IV of the Social
24 Security Act (42 U.S.C. 601 et seq.) after the
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25 applicable period ends.
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1 (c) PENALTY FOR NONCOMPLIANCE.—
2 (1) IN GENERAL.—Subject to the succeeding
3 provisions of this subsection, if the Secretary finds
4 that during or with respect to the period that begins
5 on the date of enactment of this section and ends on
6 the date specified in section 106(3) of division A of
7 the Continuing Appropriations Act, 2021, and Other
8 Extensions Act, a State or an Indian tribe has im-
9 posed a penalty waived under subsection (a), includ-
10 ing denying, reducing, terminating, or conditioning
11 assistance under a program funded under part A of
12 title IV of the Social Security Act or any program
13 funded with qualified State expenditures (as defined
14 in section 409(a)(7)(B)(i) of such Act (42 U.S.C.
15 609(a)(7)(B)(i))), the Secretary shall reduce the
16 grant payable to the State under section 403(a)(1)
17 of such Act (42 U.S.C. 603(a)(1)) or the grant pay-
18 able to the tribe under section 412(a)(1) of such Act
19 (42 U.S.C. 612(a)(1)) for fiscal year 2021 by an
20 amount equal to 5 percent of the State or tribal
21 family assistance grant (as applicable).
22 (2) PENALTY BASED ON SEVERITY OF FAIL-
23 URE.—The Secretary shall impose reductions under
24 paragraph (1) with respect to fiscal year 2021 based
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1 (3) APPLICATION OF AGGREGATE PENALTY
2 LIMIT.—For purposes of section 409(d) of the Social
3 Security Act (42 U.S.C. 609(d)), paragraph (1) of
4 this subsection shall be considered to be included in
5 section 409(a) of such Act.
6 (d) DEFINITIONS.—In this section:
7 (1) APPLICABLE PERIOD.—The term ‘‘applica-
8 ble period’’ means the period that begins on October
9 1, 2019, and ends on the date specified in section
10 106(3) of division A of the Continuing Appropria-
11 tions Act, 2021, and Other Extensions Act.
12 (2) OTHER TERMS.—Each other term has the
13 meaning given the term for purposes of part A of
14 title IV of the Social Security Act (42 U.S.C. 601
15 et seq.).
16 SEC. 3302. CORONAVIRUS EMERGENCY ASSISTANCE
17 GRANTS FOR LOW-INCOME FAMILIES.
18 Title VI of the Social Security Act (42 U.S.C. 801
19 et seq.) is amended by adding at the end the following:
20 ‘‘SEC. 602. CORONAVIRUS EMERGENCY ASSISTANCE
21 GRANTS FOR LOW-INCOME FAMILIES.
22 ‘‘(a) IN GENERAL.—Subject to the succeeding provi-
23 sions of this section, each emergency grant State shall be
24 entitled to receive from the Secretary a grant pursuant
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1 to this section for fiscal year 2021 in the amount deter-
2 mined for the State under subsection (b).
3 ‘‘(b) AMOUNT OF GRANTS.—
4 ‘‘(1) IN GENERAL.—Subject to paragraphs (2),
5 (3), and (4), the amount of the grant for an emer-
6 gency grant State for the period described in sub-
7 section (a) shall be the amount equal to the product
8 of—
9 ‘‘(A) the amount appropriated in para-
10 graph (1) of subsection (h) that remains after
11 the application of paragraph (2) of that sub-
12 section; and
13 ‘‘(B) the quotient of—
14 ‘‘(i) the number of individuals in fam-
15 ilies with income below the poverty line in
16 the State in the most recent year for which
17 data are available from the Bureau of the
18 Census; and
19 ‘‘(ii) the number of individuals in
20 families with income below the poverty line
21 in all States (other than States specified in
22 subsection (h)(2)(A)) in such year.
23 ‘‘(2) OTHER STATES.—The amount of the
24 grant for an emergency grant State specified in sub-
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1 section (h)(2)(A) shall be based on such poverty
2 data as the Secretary determines appropriate.
3 ‘‘(3) REDISTRIBUTION OF UNUSED FUNDS.—
4 The Secretary shall redistribute, under a procedure
5 and methodology the Secretary determines appro-
6 priate, funds available for payments to emergency
7 grant States under this section for which, as of July
8 30, 2021, States have not applied to be paid to other
9 emergency grant States that apply for payment from
10 such funds.
11 ‘‘(4) INCLUSION OF FAMILIES OF ONE.—For
12 purposes of paragraphs (1), (2), and (3), in deter-
13 mining the number of individuals in families with in-
14 come below the poverty line in a State, the Secretary
15 shall take household composition into account and
16 shall treat a single individual as a family of one,
17 without regard to whether the household of the indi-
18 vidual is composed of more than one family.
19 ‘‘(c) USE OF FUNDS.—
20 ‘‘(1) IN GENERAL.—An emergency grant State
21 receiving a grant under this section shall only use
22 the grant funds for the following:
23 ‘‘(A) To provide short-term cash, non-cash,
24 or in-kind emergency disaster relief (as appro-
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25 priate) to—
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1 ‘‘(i) help eligible families address and
2 avoid emergencies with respect to basic
3 needs;
4 ‘‘(ii) prevent or remedy household
5 emergencies of eligible families, such as
6 evictions, foreclosures, forfeitures, and ter-
7 minations of utility services; and
8 ‘‘(iii) help eligible families address and
9 avoid emergencies so that children may be
10 cared for in their own homes or in the
11 homes of relatives.
12 ‘‘(B) To ensure the safety and well-being
13 of all individuals during the period of a Federal
14 or State emergency declaration concerning
15 Coronavirus Disease 2019 (COVID–19), by
16 providing subsidized jobs for individuals who
17 are members of eligible families that can be
18 performed remotely or are deemed essential
19 (with individuals provided proper personal pro-
20 tective equipment and complying with Federal
21 and State social distancing guidelines).
22 ‘‘(C) To provide subsidized employment for
23 individuals who are members of eligible families
24 after the period of a Federal or State emer-
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25 gency declaration concerning Coronavirus Dis-
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1 ease 2019 (COVID–19) ends (when safe to do
2 so, taking into account the need to prevent the
3 spread or reoccurrence of coronavirus).
4 ‘‘(2) NONDISPLACEMENT.—An emergency grant
5 State receiving a grant under this section shall not
6 use the grant funds to—
7 ‘‘(A) displace or replace an employee, posi-
8 tion, or volunteer, or to partially displace or re-
9 place an employee, position or volunteer, such
10 as through a reduction in hours, wages, or em-
11 ployment benefits;
12 ‘‘(B) displace or replace an employee par-
13 ticipating in a strike, collective bargaining or
14 union activities, or union organizing; or
15 ‘‘(C) displace or replace an employee who
16 was furloughed or unable to work due to the
17 public health emergency with respect to the
18 Coronavirus Disease 2019 (COVID–19) (includ-
19 ing due to illness, measures taken to avoid in-
20 fection, or needing to provide care for another
21 individual).
22 ‘‘(3) NONDISCRIMINATION.—An emergency
23 grant State receiving a grant under this section shall
24 not employ any policies or practices that have the ef-
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25 fect of making any eligible family less likely to re-
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1 ceive assistance by reason of race, sex, religious
2 creed, national origin, or political affiliation.
3 ‘‘(4) PROTECTING OTHER BENEFITS.—For pur-
4 poses of any Federal, State, or local law, including
5 those for purposes of public assistance programs and
6 taxation, any benefit provided under paragraph
7 (1)(A) for an eligible family shall be treated as
8 short-term, non-cash, in-kind emergency disaster re-
9 lief without regard to the form in which the benefit
10 is provided and shall be disregarded from income.
11 ‘‘(d) STATE LETTER OF INTENT.—
12 ‘‘(1) IN GENERAL.—In order to receive a pay-
13 ment for a fiscal year quarter from the grant deter-
14 mined for an emergency grant State under this sec-
15 tion, a State shall submit a letter of intent to the
16 Secretary, not later than 30 days before the first
17 day of each such quarter (or, in the case of a quar-
18 ter that has started or will start within 30 days of
19 the date of enactment of this section, a State shall
20 submit a letter of intent to the Secretary not later
21 than 15 days after such date of enactment in order
22 to receive an emergency grant for that quarter)
23 that—
24 ‘‘(A) specifies the amount of funds re-
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25 quested by the State for a quarter;
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1 ‘‘(B) describes how the State will use the
2 funds to assist eligible families during the quar-
3 ter; and
4 ‘‘(C) describes how funds provided will not
5 supplant any existing expenditures or programs
6 funded or administered by the State.
7 ‘‘(2) PUBLIC AVAILABILITY.—The State shall
8 make the letter of intent submitted by the State
9 under this subsection available to the public.
10 ‘‘(3) NO DELAY OF PAYMENTS; HOLD HARM-
11 LESS.—
12 ‘‘(A) IN GENERAL.—The Secretary shall
13 make payments by the applicable deadline
14 under subsection (f)(2) to each State that sub-
15 mits a letter of intent for a quarter by the ap-
16 plicable deadline under paragraph (1), without
17 regard to whether the Secretary has issued the
18 guidance required under subsection (f)(1).
19 ‘‘(B) HOLD HARMLESS.—A State that uses
20 funds paid to the State for any quarter occur-
21 ring prior to the issuance of the guidance re-
22 quired under subsection (f)(1) consistent with
23 the letter of intent submitted by the State for
24 the quarter and the State’s good faith interpre-
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25 tation of the requirements of this section, shall
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1 not be penalized under subsection (f)(3) or in
2 any other manner if, after such guidance is
3 issued, the Secretary determines the State did
4 not use the funds consistent with such guid-
5 ance.
6 ‘‘(e) REPORTS.—
7 ‘‘(1) STATE REPORTS.— Not later than Janu-
8 ary 1, 2022, each emergency grant State shall sub-
9 mit a report to the Secretary on how the State used
10 the grant funds received by the State in such form
11 and manner, and containing such information, as
12 the Secretary shall require.
13 ‘‘(2) REPORT TO CONGRESS.—Not later than
14 September 30, 2022, the Secretary shall submit a
15 report to Congress on the grants made under this
16 section based on the reports submitted under para-
17 graph (1).
18 ‘‘(f) MISCELLANEOUS.—
19 ‘‘(1) EXPEDITED IMPLEMENTATION.—The Sec-
20 retary shall implement this section as quickly as rea-
21 sonably possible, pursuant to the issuance of appro-
22 priate guidance to States.
23 ‘‘(2) TIMELY DISTRIBUTION OF GRANTS.—
24 ‘‘(A) INITIAL PAYMENTS.—Not later than
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1 tion, the Secretary shall pay each State that is
2 an emergency grant State as of such date, the
3 grant payable to such State for the 1st quarter
4 of fiscal year 2021.
5 ‘‘(B) SUBSEQUENT PAYMENTS.—The Sec-
6 retary shall continue to make payments not
7 later than the first day of each quarter to emer-
8 gency grant States under this section for the
9 2d, 3rd, and 4th quarters of fiscal year 2021.
10 ‘‘(3) MISUSE OF FUNDS.—
11 ‘‘(A) IN GENERAL.—If the Secretary deter-
12 mines that an emergency grant State has used
13 grant funds received by the State in violation of
14 the requirements of this section, the State shall
15 remit to the Secretary an amount equal to the
16 amount so used.
17 ‘‘(B) APPLICATION OF APPEAL PROCE-
18 DURES.—Section 410 shall apply to a deter-
19 mination by the Secretary under subparagraph
20 (A) in the same manner as such section applies
21 to an imposition of a penalty under section 409.
22 ‘‘(g) DEFINITIONS.—In this section:
23 ‘‘(1) ELIGIBLE FAMILIES.—The term ‘eligible
24 family’ means a family (including a family of one)—
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1 ‘‘(A) whose monthly income, as of the date
2 on which the family applies for emergency dis-
3 aster relief or subsidized employment, does not
4 exceed 200 percent of the poverty line applica-
5 ble to a family of the size involved (as deter-
6 mined under section 673(2) of the Community
7 Services Block Grant Act (42 U.S.C. 9902(2));
8 and
9 ‘‘(B) that has been adversely affected by
10 the public health emergency with respect to the
11 Coronavirus Disease 2019 (COVID–19) (includ-
12 ing due to illness, economic disruption, meas-
13 ures taken to avoid infection, or needing to pro-
14 vide care for another individual).
15 ‘‘(2) EMERGENCY GRANT STATE.—The term
16 ‘emergency grant State’ means a State that submits
17 a letter of intent containing the information speci-
18 fied in subsection (d)(1) to the Secretary with re-
19 spect to a fiscal year quarter by the submission
20 deadline for such quarter.
21 ‘‘(3) STATE.—The term ‘State’ has the mean-
22 ing given that term in section 419(5) and includes
23 the Commonwealth of the Northern Mariana Islands
24 and Indian tribes as defined in section 419(4).
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25 ‘‘(h) APPROPRIATION.—
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1 ‘‘(1) IN GENERAL.—Out of any money in the
2 Treasury of the United States not otherwise appro-
3 priated, there are appropriated for fiscal year 2021,
4 $10,000,000,000 for grants under this section, to re-
5 main available until expended.
6 ‘‘(2) RESERVATION OF FUNDS.—
7 ‘‘(A) CERTAIN TERRITORIES.—The Sec-
8 retary shall reserve 5 percent of the amount ap-
9 propriated under paragraph (1) for grants to
10 Guam, American Samoa, the United States Vir-
11 gin Islands, the Commonwealth of the Northern
12 Mariana Islands, and Indian tribes (as defined
13 in section 419(4)).
14 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec-
15 retary shall reserve $500,000 of the amount ap-
16 propriated under paragraph (1) to provide tech-
17 nical assistance to States and Indian tribes with
18 respect to the emergency grants made under
19 this section.’’.
20 Subtitle D—Preventing Child
21 Abuse and Neglect
22 SEC. 3401. CAPTA INVESTMENTS.
23 (a) APPROPRIATIONS.—
24 (1) IN GENERAL.—There is appropriated to the
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25 Secretary of Health and Human Services (referred
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1 to in this section as the ‘‘Secretary’’), out of
2 amounts in the Treasury not otherwise appropriated,
3 $500,000,000 for fiscal year 2021, for the purpose
4 of providing additional funding for the State grant
5 program under section 106 of the Child Abuse Pre-
6 vention and Treatment Act (42 U.S.C. 5106a).
7 (2) ALLOTMENTS.—The Secretary shall make
8 allotments out of the amounts appropriated under
9 paragraph (1) to each State and territory receiving
10 an allotment under section 106(f) of the Child Abuse
11 Prevention and Treatment Act (42 U.S.C. 5106a(f))
12 for fiscal year 2020, in the same manner that
13 amounts appropriated under section 112 of such Act
14 (42 U.S.C. 5106f)) are allotted to States in accord-
15 ance with section 106(f)(2) of such Act.
16 (3) CHILDREN, FAMILIES, AND CHILD WELFARE
17 WORKERS’ HEALTH AND SAFETY.—The Secretary
18 shall allow each State to use amounts appropriated
19 under paragraph (1) and allocated under paragraph
20 (2) to cover costs that the State determines nec-
21 essary to support child welfare workers in pre-
22 venting, investigating, and treating child abuse and
23 neglect in response to a qualifying emergency, in-
24 cluding for the purchase of personal protective
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25 equipment and sanitation supplies, consistent with
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1 section 106 of the Child Abuse Prevention and
2 Treatment Act (42 U.S.C. 5106a).
3 (b) CHILD ABUSE PREVENTION APPROPRIATION.—
4 (1) IN GENERAL.—There is appropriated to the
5 Secretary, out of amounts in the Treasury not other-
6 wise appropriated, $1,000,000,000 for fiscal year
7 2020, for the purpose of providing additional fund-
8 ing for the community-based grants for the preven-
9 tion of child abuse and neglect under title II of the
10 Child Abuse Prevention and Treatment Act (42
11 U.S.C. 5116 et seq.).
12 (2) ALLOTMENTS.—The Secretary shall make
13 allotments out of the amounts appropriated under
14 paragraph (1) to each State receiving an allotment
15 under section 203 of the Child Abuse Prevention
16 and Treatment Act (42 U.S.C. 5116b) for fiscal
17 year 2020, in the same manner that amounts appro-
18 priated under section 209 of such Act (42 U.S.C.
19 5116i) are allotted to States in accordance with sec-
20 tion 203 of such Act, except that, in allotting
21 amounts under this subsection—
22 (A) in subsection (a) of such section 203,
23 ‘‘1 percent’’ shall be deemed to be ‘‘5 percent’’;
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1 (B) in subsection (b)(1)(A) of such section
2 203, ‘‘70 percent’’ shall be deemed to be ‘‘100
3 percent’’; and
4 (C) subsections (b)(1)(B) and (c) of such
5 section 203 shall not apply.
6 (3) COMMUNITY-BASED PROGRAMS AND ACTIVI-
7 TIES HEALTH AND SAFETY.—The Secretary shall
8 allow each State lead entity to use amounts appro-
9 priated under paragraph (1) and allocated to the
10 State under paragraph (2) to cover costs that the
11 lead entity determines necessary to maintain the op-
12 eration of community-based and prevention-focused
13 programs and activities in the State in response to
14 a qualifying emergency, including for the purchase
15 of personal protective equipment and sanitation sup-
16 plies, consistent with title II of Child Abuse Preven-
17 tion and Treatment Act (42 U.S.C. 5116 et seq.).
18 (4) NO STATE MATCHING REQUIREMENT.—Not-
19 withstanding section 204(4) of the Child Abuse Pre-
20 vention and Treatment Act (42 U.S.C. 5116d(4)), a
21 State shall not be required to provide any additional
22 funding for the program under title II of the Child
23 Abuse Prevention and Treatment Act (42 U.S.C.
24 5116 et seq.) as a condition for receiving an alloca-
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25 tion under paragraph (2).
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1 (c) IN GENERAL.—Any amount appropriated or
2 made available under this section is in addition to other
3 amounts appropriated or made available for the applicable
4 purpose, and shall remain available until expended.
5 Subtitle E—Modernizing Child
6 Support
7 SEC. 3501. SHORT TITLE; DEFINITION.
8 (a) SHORT TITLE.—This subtitle may be cited as the
9 ‘‘Strengthening Families for Success Act of 2020’’.
10 (b) SECRETARY DEFINED.—In this subtitle, the term
11 ‘‘Secretary’’ means the Secretary of Health and Human
12 Services.
13 CHAPTER 1—PROMOTING RESPONSIBLE
14 FATHERHOOD AND STRENGTHENING
15 LOW-INCOME FAMILIES
16 SEC. 3511. REAUTHORIZATION OF HEALTHY MARRIAGE
17 PROMOTION AND RESPONSIBLE FATHER-
18 HOOD GRANTS.
19 (a) VOLUNTARY PARTICIPATION.—
20 (1) ASSURANCE.—Section 403(a)(2)(A)(ii)(II)
21 of the Social Security Act (42 U.S.C.
22 603(a)(2)(A)(ii)(II)) is amended—
23 (A) in item (aa), by striking ‘‘and’’ after
24 the semicolon;
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1 (B) in item (bb), by striking the period
2 and inserting a semicolon; and
3 (C) by adding at the end the following:
4 ‘‘(cc) if the entity is a State
5 or an Indian tribe or tribal orga-
6 nization, to not condition the re-
7 ceipt of assistance under the pro-
8 gram funded under this part,
9 under a program funded with
10 qualified State expenditures (as
11 defined in section
12 409(a)(7)(B)(i)), or under a pro-
13 gram funded under part B or E
14 of this title, on enrollment or
15 participation in any such pro-
16 grams; and
17 ‘‘(dd) to permit any partici-
18 pant in a program or activity
19 funded under this paragraph, in-
20 cluding an individual whose par-
21 ticipation is specified in the indi-
22 vidual responsibility plan devel-
23 oped for the individual in accord-
24 ance with section 408(b), to
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25 transfer to another such program
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1 or activity upon notification to
2 the entity and the State agency
3 responsible for administering the
4 State program funded under this
5 part.’’.
6 (2) PROHIBITION.—Section 408(a) of such Act
7 (42 U.S.C. 608(a)) is amended by adding at the end
8 the following:
9 ‘‘(13) BAN ON CONDITIONING RECEIPT OF
10 TANF OR CERTAIN OTHER BENEFITS ON PARTICIPA-
11 TION IN A HEALTHY MARRIAGE OR RESPONSIBLE
12 FATHERHOOD PROGRAM.—A State to which a grant
13 is made under section 403 shall not condition the re-
14 ceipt of assistance under the State program funded
15 under this part, under a program funded with quali-
16 fied State expenditures (as defined in section
17 409(a)(7)(B)(i)), or under a program funded under
18 part B or E of this title, on participation in a
19 healthy marriage promotion activity (as defined in
20 section 403(a)(2)(A)(iii)) or in an activity promoting
21 responsible fatherhood (as defined in section
22 403(a)(2)(C)(ii)).’’.
23 (3) PENALTY.—Section 409(a) of such Act (42
24 U.S.C. 609(a)) is amended by adding at the end the
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25 following:
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1 ‘‘(17) PENALTY FOR CONDITIONING RECEIPT
2 OF TANF OR CERTAIN OTHER BENEFITS ON PARTICI-
3 PATION IN A HEALTHY MARRIAGE OR RESPONSIBLE
4 FATHERHOOD PROGRAM.—If the Secretary deter-
5 mines that a State has violated section 408(a)(13)
6 during a fiscal year, the Secretary shall reduce the
7 grant payable to the State under section 403(a)(1)
8 for the immediately succeeding fiscal year by an
9 amount equal to 5 percent of the State family assist-
10 ance grant.’’.
11 (b) ALIGNMENT OF ENTITIES ELIGIBLE FOR GRANTS
12 AND TECHNICAL ASSISTANCE.—Section 403(a)(2) of such
13 Act (42 U.S.C. 603(a)(2)) is further amended—
14 (1) in subparagraph (A)—
15 (A) in clause (i), by inserting ‘‘territories,’’
16 after ‘‘States,’’; and
17 (B) by adding at the end the following:
18 ‘‘(iv) ELIGIBLE ENTITIES.—States,
19 territories, Indian tribes and tribal organi-
20 zations, public or private entities, and non-
21 profit community entities, including reli-
22 gious organizations, are eligible to be
23 awarded funds made available under this
24 paragraph for the purpose of carrying out
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25 healthy marriage promotion activities, for
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1 the purpose of carrying out activities pro-
2 moting responsible fatherhood, or for both
3 such purposes.
4 ‘‘(v) TERRITORY DEFINED.—For pur-
5 poses of awarding funds under this para-
6 graph, the term ‘territory’ means the Com-
7 monwealth of Puerto Rico, the United
8 States Virgin Islands, Guam, American
9 Samoa, and the Commonwealth of the
10 Northern Mariana Islands.’’; and
11 (2) in subparagraph (C)(i), by striking ‘‘and
12 public’’ and inserting ‘‘public or private entities,’’.
13 (c) TERRITORY AND TRIBAL SET-ASIDE; ELIMI-
14 NATION OF PREFERENCE PROVISION.—Section
15 403(a)(2)(E) of such Act (42 U.S.C. 603(a)(2)(E)) is
16 amended to read as follows:
17 ‘‘(E) FUNDING FOR TERRITORIES AND IN-
18 DIAN TRIBES AND TRIBAL ORGANIZATIONS.—
19 ‘‘(i) IN GENERAL.—Of the amounts
20 made available under subparagraph (D)
21 for a fiscal year, not less than ten of the
22 awards made by the Secretary of such
23 funds for fiscal year 2021 or any fiscal
24 year thereafter for the purpose of carrying
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1 activities promoting responsible fatherhood,
2 or both, (excluding any award under sub-
3 paragraph (B)(i) for any fiscal year), shall
4 be made to a territory or an Indian tribe
5 or tribal organization.
6 ‘‘(ii) CLARIFICATION OF ELIGIBILITY
7 OF TRIBAL CONSORTIUMS.—A tribal con-
8 sortium of Indian tribes or tribal organiza-
9 tions may be awarded funds under this
10 paragraph for the purpose of carrying out
11 healthy marriage promotion activities, ac-
12 tivities promoting responsible fatherhood,
13 or both.’’.
14 (d) ACTIVITIES PROMOTING RESPONSIBLE FATHER-
15 HOOD.—Section 403(a)(2)(C)(ii) of such Act (42 U.S.C.
16 603(a)(2)(C)(ii)) is amended—
17 (1) in subclause (I), by striking ‘‘marriage or
18 sustain marriage’’ and inserting ‘‘healthy relation-
19 ships and marriages or to sustain healthy relation-
20 ships or marriages’’;
21 (2) in subclause (II), by inserting ‘‘educating
22 youth who are not yet parents about the economic,
23 social, and family consequences of early parenting,
24 helping participants in fatherhood programs work
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1 with their own children to break the cycle of early
2 parenthood,’’ after ‘‘child support payments,’’; and
3 (3) in subclause (III)—
4 (A) by striking ‘‘fathers’’ and inserting
5 ‘‘parents (with priority for low-income non-
6 custodial parents)’’; and
7 (B) by inserting ‘‘employment training for
8 both parents and for other family members,’’
9 after ‘‘referrals to local employment training
10 initiatives,’’.
11 (e) ENSURING HEALTHY MARRIAGE PROMOTION
12 AND RESPONSIBLE FATHERHOOD ACTIVITIES CAN BE
13 OFFERED DURING PUBLIC HEALTH EMERGENCIES.—
14 (1) IN GENERAL.—Section 403(a)(2)(A)(ii)(I)
15 of such Act (42 U.S.C. 603(a)(2)(A)(ii)(I)) is
16 amended—
17 (A) in each of items (aa) and (bb), by
18 striking ‘‘and’’ after the semicolon; and
19 (B) by adding at the end the following:
20 ‘‘(cc) how, and the extent to
21 which, funds awarded will be
22 used by the entity for technology
23 and access to broadband in order
24 to carry out healthy marriage
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1 promoting responsible father-
2 hood, or both, remotely during a
3 public health emergency; and
4 ‘‘(dd) how the entity will
5 sustain continuity of critical serv-
6 ices, specifying the scope of the
7 critical services to be maintained,
8 and the ability of the entity to be
9 able to resume providing such
10 services within 3 weeks of the be-
11 ginning of a public health emer-
12 gency or other incident that com-
13 promises the ability of the entity
14 to deliver such services in-person,
15 by telephone, or virtually; and’’.
16 (2) PUBLIC HEALTH EMERGENCY DEFINED.—
17 Section 403(a)(2)(A) of such Act (42 U.S.C.
18 603(a)(2)(A)) is further amended—
19 (A) by redesignating clauses (iv) and (v)
20 (as added by subsection (b)(1)) as clauses (v)
21 and (vi), respectively; and
22 (B) by inserting after clause (iii) the fol-
23 lowing:
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1 ‘‘(iv) PUBLIC HEALTH EMERGENCY
2 DEFINED.—In clause (ii), the term ‘public
3 health emergency’ means—
4 ‘‘(I) a national or public health
5 emergency declared by the President
6 or the Secretary, including—
7 ‘‘(aa) a major disaster relat-
8 ing to public health declared by
9 the President under section 401
10 of the Robert T. Stafford Dis-
11 aster Relief and Emergency As-
12 sistance Act (42 U.S.C. 5170);
13 ‘‘(bb) an emergency relating
14 to public health declared by the
15 President under section 501 of
16 the Robert T. Stafford Disaster
17 Relief and Emergency Assistance
18 Act (42 U.S.C. 5191); or
19 ‘‘(cc) a public health emer-
20 gency declared by the Secretary
21 under section 319 of the Public
22 Health Service Act (42 U.S.C.
23 247d); or
24 ‘‘(II) an emergency relating to
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25 public health that has been declared
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1 by a Governor or other appropriate of-
2 ficial of any State, the District of Co-
3 lumbia, or commonwealth, territory,
4 or locality of the United States.’’.
5 (f) MEASURING OUTCOMES FOR ELIGIBLE FAMI-
6 LIES.—Section 403(a)(2) of such Act (42 U.S.C.
7 603(a)(2)), as amended by the preceding subsections of
8 this section, is further amended—
9 (1) in subparagraph (A)—
10 (A) in clause (ii)—
11 (i) in subclause (I)(dd), by striking
12 ‘‘and’’ after the semicolon;
13 (ii) in subclause (II)—
14 (I) in item (cc), by striking
15 ‘‘and’’ after the semicolon;
16 (II) in item (dd), by striking the
17 period at the end and inserting ‘‘;
18 and’’; and
19 (III) by adding at the end the
20 following:
21 ‘‘(ee) to submit the report
22 required under clause (vi); and’’;
23 and
24 (iii) by adding at the end the fol-
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25 lowing:
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1 ‘‘(III) provides, subject to the ap-
2 proval of the Secretary, for evalua-
3 tions of the activities carried out
4 using each grant made under this
5 paragraph that satisfy the require-
6 ments of subparagraph (F).’’; and
7 (B) by adding at the end the following:
8 ‘‘(vii) REQUIREMENTS RELATING TO
9 OUTCOMES FOR MEASURING IMPROVE-
10 MENTS.—
11 ‘‘(I) REPORT ON IMPROVEMENTS
12 AFTER 3 YEARS.—Not later than 30
13 days after the end of the 3rd year in
14 which an eligible entity conducts pro-
15 grams or activities with funds made
16 available under this paragraph, the
17 entity shall submit a report to the
18 Secretary demonstrating the extent to
19 which the programs and activities car-
20 ried out with such funds made quan-
21 tifiable, measurable improvements in
22 the areas identified in the entity’s ap-
23 plication in accordance with clause
24 (ii)(III).
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1 ‘‘(II) TECHNICAL ASSISTANCE.—
2 The Secretary shall provide technical
3 assistance to help the eligible entity
4 develop and implement ways to evalu-
5 ate and improve outcomes for eligible
6 families. The Secretary may provide
7 the technical assistance directly or
8 through grants, contracts, or coopera-
9 tive agreements.
10 ‘‘(III) ADVISORY PANEL.—The
11 Secretary shall establish an advisory
12 panel for purposes of obtaining rec-
13 ommendations regarding the technical
14 assistance provided to entities in ac-
15 cordance with subclause (II).
16 ‘‘(IV) FINAL REPORT.—Not later
17 than December 31 of the first cal-
18 endar year that begins after October
19 1 of the 5th consecutive fiscal year for
20 which an eligible entity conducts pro-
21 grams or activities with funds made
22 available under this paragraph, and
23 every 5th such fiscal year thereafter
24 (beginning with funds awarded for fis-
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25 cal year 2021), the eligible entity shall
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1 submit a report to the Secretary dem-
2 onstrating the extent to which the
3 programs and activities carried out
4 with such funds made quantifiable,
5 measurable improvements in the areas
6 identified in the entity’s application
7 for funding for such 5 fiscal years.
8 ‘‘(V) REPORT TO CONGRESS.—
9 Not later than March 31, 2026, and
10 annually thereafter, the Secretary
11 shall submit a report to the Com-
12 mittee on Ways and Means of the
13 House of Representatives and the
14 Committee on Finance of the Senate
15 on the programs and activities carried
16 out with funds made available under
17 this paragraph based on the most re-
18 cent final reports submitted under
19 subclause (IV). Each report submitted
20 under this subclause shall identify the
21 programs and activities carried out
22 with funds made available under this
23 paragraph which made quantifiable,
24 measurable improvements and in
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25 which outcome areas.’’; and
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1 (2) by adding at the end the following new sub-
2 paragraph:
3 ‘‘(F) EVALUATION REQUIREMENTS.—
4 ‘‘(i) IN GENERAL.—For purposes of
5 subparagraph (A)(ii)(III), an evaluation
6 satisfies the requirements of this subpara-
7 graph if—
8 ‘‘(I) the evaluation is designed
9 to—
10 ‘‘(aa) build evidence of the
11 effectiveness of the activities car-
12 ried out using each grant made
13 under this paragraph;
14 ‘‘(bb) determine the lessons
15 learned (including barriers to
16 success) from such activities; and
17 ‘‘(cc) to the extent prac-
18 ticable, help build local evaluation
19 capacity, including the capacity
20 to use evaluation data to inform
21 continuous program improve-
22 ment; and
23 ‘‘(II) the evaluation includes re-
24 search designs that encourage innova-
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25 tion and reflect the nature of the ac-
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1 tivities undertaken, successful imple-
2 mentation efforts, and the needs of
3 the communities, without prioritizing
4 efficacy research over effectiveness re-
5 search.
6 ‘‘(ii) RANDOMIZED CONTROLLED
7 TRIALS.—An evaluation conducted in ac-
8 cordance with subparagraph (A)(ii)(III)
9 and this subparagraph may, but shall not
10 be required to, include a randomized con-
11 trolled trial.
12 ‘‘(iii) OUTCOMES.—Outcomes of inter-
13 est for an evaluation conducted in accord-
14 ance with subparagraph (A)(ii)(III) and
15 this subparagraph shall include, but are
16 not limited to, the following:
17 ‘‘(I) Relationship quality between
18 custodial and non-custodial parents.
19 ‘‘(II) Family economic wellbeing,
20 including receipt of public benefits
21 and access to employment services
22 and education.
23 ‘‘(III) Payment of child support
24 by non-custodial parents, non-finan-
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1 cial contributions, and involvement in
2 child-related activities.
3 ‘‘(IV) Parenting skills or par-
4 enting quality.
5 ‘‘(V) Health and mental health
6 outcomes of parents.
7 ‘‘(VI) Quality and frequency of
8 contact between children and non-cus-
9 todial parents.
10 ‘‘(VII) Reduction in crime or do-
11 mestic violence.
12 ‘‘(VIII) Prevention of child inju-
13 ries, child abuse, neglect, or maltreat-
14 ment, and reduction of emergency de-
15 partment visits.
16 ‘‘(IX) Coordination and referrals
17 for other community resources and
18 supports.’’.
19 (g) AUTHORITY FOR SUBSTITUTION GRANTEES.—
20 Section 403(a)(2)(A) of such Act (42 U.S.C.
21 603(a)(2)(A)), as amended by subsections (b)(1), (e)(2),
22 and (f)(2), is further amended—
23 (1) in clause (ii), in the matter preceding sub-
24 clause (I), by striking ‘‘The Secretary’’ and inserting
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1 ‘‘Except as provided in clause (viii), the Secretary’’;
2 and
3 (2) by adding at the end the following:
4 ‘‘(viii) AUTHORITY FOR SUBSTITUTE
5 ENTITIES.—If, after being awarded funds
6 under this paragraph for a fiscal year for
7 the purpose of carrying out healthy mar-
8 riage promotion activities, activities pro-
9 moting responsible fatherhood, or both, an
10 entity becomes unable to continue to carry
11 out such activities for the duration of the
12 award period, the Secretary may select an-
13 other entity to carry out such activities
14 with the funds from the initial award that
15 remain available for obligation, for the re-
16 mainder of the initial award period. The
17 Secretary shall make any such selection
18 from among applications submitted by
19 other entities for funding to carry out the
20 same activities as the activities for which
21 the initial award was made, and may base
22 the criteria for making such a selection on
23 the objectives specified in the announce-
24 ment of the opportunity to apply for the
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25 initial award funds.’’.
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1 (h) REAUTHORIZATION.—Section 403(a)(2)(D) of
2 such Act (42 U.S.C. 603(a)(2)(D)) is amended to read
3 as follows:
4 ‘‘(D) APPROPRIATION.—
5 ‘‘(i) IN GENERAL.—Subject to clauses
6 (ii) and (iii), out of any money in the
7 Treasury of the United States not other-
8 wise appropriated, there are appropriated
9 for each of fiscal years 2021 through and
10 2025 for expenditure in accordance with
11 this paragraph—
12 ‘‘(I) $75,000,000 for awarding
13 funds for the purpose of carrying out
14 healthy marriage promotion activities;
15 and
16 ‘‘(II) $75,000,000 for awarding
17 funds for the purpose of carrying out
18 activities promoting responsible fa-
19 therhood.
20 ‘‘(ii) DEMONSTRATION PROJECTS FOR
21 COORDINATION OF PROVISION OF CHILD
22 WELFARE AND TANF SERVICES TO TRIBAL
23 FAMILIES AT RISK OF CHILD ABUSE OR
24 NEGLECT.—If the Secretary makes an
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25 award under subparagraph (B)(i) for any
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1 fiscal year, the funds for such award shall
2 be taken in equal portion from the
3 amounts appropriated under subclauses (I)
4 and (II) of clause (i).
5 ‘‘(iii) RESEARCH; TECHNICAL ASSIST-
6 ANCE.—The Secretary may use 0.5 percent
7 of the amounts appropriated under each of
8 subclauses (I) and (II) of clause (i), re-
9 spectively, for the purpose of conducting
10 and supporting research and demonstra-
11 tion projects by public or private entities,
12 and providing technical assistance to
13 States, Indian tribes and tribal organiza-
14 tions, and such other entities as the Sec-
15 retary may specify that are receiving a
16 grant under another provision of this
17 part.’’.
18 CHAPTER 2—IMPROVING RESOURCES
19 FOR DOMESTIC VIOLENCE AND FAM-
20 ILY STRENGTHENING
21 SEC. 3521. BEST PRACTICES FOR COORDINATION OF POL-
22 ICY TO ADDRESS DOMESTIC VIOLENCE AND
23 FAMILY ENGAGEMENT.
24 The Secretary shall develop a coordinated policy to
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25 address domestic violence and family strengthening that—
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1 (1) establishes criteria and best practices for
2 coordination and partnership between domestic vio-
3 lence shelter and service organizations and respon-
4 sible fatherhood and healthy marriage promotion
5 programs;
6 (2) not later than 120 days after the date of
7 enactment of this Act, issue guidance containing
8 such criteria and best practices; and
9 (3) update and reissue such criteria and best
10 practices at least once every 5 years.
11 SEC. 3522. GRANTS SUPPORTING HEALTHY FAMILY PART-
12 NERSHIPS FOR DOMESTIC VIOLENCE INTER-
13 VENTION AND PREVENTION.
14 Section 403(a) of the Social Security Act (42 U.S.C.
15 603(a)) is amended by adding at the end the following
16 new paragraph:
17 ‘‘(6) GRANTS SUPPORTING HEALTHY FAMILY
18 PARTNERSHIPS FOR DOMESTIC VIOLENCE INTER-
19 VENTION AND PREVENTION.—
20 ‘‘(A) IN GENERAL.—The Secretary shall
21 award grants on a competitive basis to healthy
22 family partnerships to build capacity for, and
23 facilitate such partnerships.
24 ‘‘(B) USE OF FUNDS.—Funds made avail-
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25 able under a grant awarded under this para-
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1 graph may be used for staff training, the provi-
2 sion of domestic violence intervention and pre-
3 vention services, and the dissemination of best
4 practices for—
5 ‘‘(i) assessing and providing services
6 to individuals and families affected by do-
7 mestic violence, including through case-
8 worker training, the provision of technical
9 assistance to other community partners,
10 the implementation of safe visitation and
11 exchange programs, and the implementa-
12 tion of safe child support procedures; or
13 ‘‘(ii) preventing domestic violence,
14 particularly as a barrier to economic secu-
15 rity, and fostering healthy relationships.
16 ‘‘(C) APPLICATION.—The respective entity
17 and organization of a healthy family partner-
18 ship entered into for purposes of receiving a
19 grant under this paragraph shall submit a joint
20 application to the Secretary, at such time and
21 in such manner as the Secretary shall specify,
22 containing—
23 ‘‘(i) a description of how the partner-
24 ship intends to carry out the activities de-
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1 detailed plan for how the entity and orga-
2 nization comprising the partnership will
3 collaborate;
4 ‘‘(ii) an assurance that funds made
5 available under the grant shall be used to
6 supplement, and not supplant, other funds
7 used by the entity or organization to carry
8 out programs, activities, or services de-
9 scribed in subparagraph (B); and
10 ‘‘(iii) such other information as the
11 Secretary may require.
12 ‘‘(D) GENERAL RULES GOVERNING USE OF
13 FUNDS.—Neither the rules of section 404
14 (other than subsection (b) of that section), nor
15 section 417 shall apply to a grant made under
16 this paragraph.
17 ‘‘(E) DEFINITIONS.—In this paragraph:
18 ‘‘(i) DOMESTIC VIOLENCE.—The term
19 ‘domestic violence’ means violence between
20 intimate partners, which involves any form
21 of physical violence, sexual violence, stalk-
22 ing, or psychological aggression, by a cur-
23 rent or former intimate partner.
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1 ‘‘(ii) HEALTHY FAMILY PARTNER-
2 SHIP.—The term ‘healthy family partner-
3 ship’ means a partnership between—
4 ‘‘(I) an entity receiving funds
5 under—
6 ‘‘(aa) a grant made under
7 paragraph (2) to promote healthy
8 marriage or responsible father-
9 hood; or
10 ‘‘(bb) the pilot program es-
11 tablished under section 469C;
12 and
13 ‘‘(II) a domestic violence shelter
14 and service organization.
15 ‘‘(F) APPROPRIATION.—Out of any money
16 in the Treasury of the United States not other-
17 wise appropriated, there are appropriated for
18 each of fiscal years 2022 through 2025,
19 $25,000,000 to carry out this paragraph.’’.
20 SEC. 3523. PROCEDURES TO ADDRESS DOMESTIC VIO-
21 LENCE.
22 (a) IN GENERAL.—Section 403(a)(2) of the Social
23 Security Act (42 U.S.C. 603(a)(2)), as amended by sub-
24 sections (c) and (h) of section 3511, is amended—
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1 (1) by redesignating subparagraphs (D) and
2 (E) as subparagraphs (F) and (G), respectively; and
3 (2) by inserting after subparagraph (C) the fol-
4 lowing:
5 ‘‘(D) REQUIREMENTS FOR RECEIPT OF
6 FUNDS.—An entity may not be awarded a grant
7 under this paragraph unless the entity, as a
8 condition of receiving funds under such a
9 grant—
10 ‘‘(i) agrees to coordinate with the
11 State domestic violence coalition (as de-
12 fined in section 302(11) of the Family Vio-
13 lence Prevention and Services Act (42
14 U.S.C. 10402(11));
15 ‘‘(ii) identifies in its application for
16 the grant the domestic violence shelter and
17 service organization at the local, State, or
18 national level with whom the entity will
19 partner with respect to the development
20 and implementation of the programs and
21 activities of the entity;
22 ‘‘(iii) describes in such application
23 how the programs or activities proposed in
24 the application will address, as appro-
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25 priate, issues of domestic violence, and
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1 contains a commitment by the entity to
2 consult with experts in domestic violence or
3 relevant domestic violence shelter and serv-
4 ice organizations in the community in de-
5 veloping the programs and activities;
6 ‘‘(iv) describes in such application the
7 roles and responsibilities of the entity and
8 the domestic violence shelter and service
9 organization, including with respect to
10 training, cross-trainings for each entity,
11 development of protocols using comprehen-
12 sive and evidence-based practices and tools,
13 and reporting, and the resources that each
14 partner will be responsible for bringing to
15 the program;
16 ‘‘(v) on award of the grant, and in
17 consultation with the domestic violence
18 shelter and service organization, develops
19 and submits to the Secretary for approval,
20 a written protocol using comprehensive and
21 evidence-based practices and tools which
22 describes—
23 ‘‘(I) how the entity will identify
24 instances or risks of domestic violence
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1 among participants in the program
2 and their families;
3 ‘‘(II) the procedures for respond-
4 ing to such instances or risks, includ-
5 ing making service referrals, assisting
6 with safety planning, and providing
7 protections and other appropriate as-
8 sistance for identified individuals and
9 families;
10 ‘‘(III) how confidentiality issues
11 will be addressed; and
12 ‘‘(IV) the training on domestic
13 violence that will be provided to en-
14 sure effective and consistent imple-
15 mentation of the protocol;
16 ‘‘(vi) describes the entity’s plan to
17 build the capacity of program staff and
18 other partners to address and commu-
19 nicate with parents about domestic vio-
20 lence;
21 ‘‘(vii) provides an assurance that the
22 program staff will include a domestic vio-
23 lence coordinator to serve as the lead staff
24 person on domestic violence for the entity
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1 (which may be funded with funds made
2 available under the grant); and
3 ‘‘(viii) in an annual report to the Sec-
4 retary, includes a description of the domes-
5 tic violence protocols, and a description of
6 any implementation issues identified with
7 respect to domestic violence and how the
8 issues were addressed.
9 ‘‘(E) DOMESTIC VIOLENCE DEFINED.—In
10 this paragraph, the term ‘domestic violence’
11 means violence between intimate partners,
12 which involves any form of physical violence,
13 sexual violence, stalking, or psychological ag-
14 gression, by a current or former intimate part-
15 ner.’’.
16 (b) CONFORMING AMENDMENTS.—Section 403(a)(2)
17 of such Act (42 U.S.C. 603(a)(2)), is further amended—
18 (1) in subparagraph (A)(i)—
19 (A) by striking ‘‘and (E)’’ and inserting
20 ‘‘(D), and (G)’’; and
21 (B) by striking ‘‘(D)’’ and inserting ‘‘(F)’’;
22 and
23 (2) in subparagraphs (B)(i) and (C)(i), by
24 striking ‘‘(D)’’ each place it appears and inserting
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25 ‘‘(F)’’.
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1 (c) EFFECTIVE DATE.—The amendments made by
2 this section shall take effect on October 1, 2021.
3 CHAPTER 3—MODERNIZATION OF CHILD
4 SUPPORT ENFORCEMENT
5 SEC. 3531. PILOT PROGRAM TO STAY AUTOMATIC CHILD
6 SUPPORT ENFORCEMENT AGAINST NON-CUS-
7 TODIAL PARENTS PARTICIPATING IN A
8 HEALTHY MARRIAGE OR RESPONSIBLE FA-
9 THERHOOD PROGRAM.
10 (a) ESTABLISHMENT.—
11 (1) IN GENERAL.—The Secretary shall establish
12 a pilot program to test whether the impact of stay-
13 ing automatic child support enforcement and cost re-
14 covery efforts improves family outcomes in cases
15 under the State program funded under part A of
16 title IV of the Social Security Act (42 U.S.C. 601
17 et seq.) while a non-custodial parent participates in
18 a healthy marriage or responsible fatherhood pro-
19 gram carried out under section 403(a)(2) of the So-
20 cial Security Act (42 U.S.C. 603(a)(2)), under a
21 program funded with qualified State expenditures
22 (as defined in section 409(a)(7)(B)(i) of such Act
23 (42 U.S.C. 609(a)(7)(B)(i))), or under any other
24 program funded with non-Federal funds. While a
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25 child’s non-custodial parent is participating in a
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1 healthy marriage or responsible fatherhood program
2 that is part of the pilot program established under
3 this section, an eligible entity participating in the
4 pilot program—
5 (A) shall not apply paragraph (3) of sec-
6 tion 408(a) of the Social Security Act (42
7 U.S.C. 608(a)) to a family of a child receiving
8 assistance under the State program funded
9 under part A of title IV of such Act (42 U.S.C.
10 601 et seq.);
11 (B) shall not refer the child’s case to the
12 State program funded under part D of title IV
13 of the Social Security Act (42 U.S.C. 651 et
14 seq.) or apply a penalty against the child’s fam-
15 ily based on the custodial parent’s noncoopera-
16 tion with child support activities with respect to
17 the child under paragraph (2) of section 408(a)
18 of such Act (42 U.S.C. 608(a)), but shall pro-
19 vide an exception to the custodial parent pursu-
20 ant to section 454(29)(A) of such Act (42
21 U.S.C. 654(29)(A));
22 (C) shall not be subject to penalties under
23 section 409(a)(5) of such Act (42 U.S.C.
24 609(a)(5));
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1 (D) notwithstanding subparagraph (B),
2 any such individual shall retain the right to
3 apply for child support services under section
4 454(4)(A)(ii) of the Social Security Act (42
5 U.S.C. 654(4)(A)(ii)) with respect to a child of
6 the individual;
7 (E) if the child has an open child support
8 case with the State agency responsible for ad-
9 ministering the State plan under part D of title
10 IV of the Social Security Act (42 U.S.C. 651 et
11 seq.), such State agency, shall suspend any ac-
12 tivity to establish or enforce a support order
13 with respect to the child (other than to estab-
14 lish the paternity of the child), and monthly
15 child support obligations shall be suspended and
16 shall not accrue, but only if both parents of the
17 child agree in writing to the suspension; and
18 (F) if child support activities are sus-
19 pended in a case by agreement of both parents
20 in accordance with subparagraph (E), may ex-
21 clude the case in determining applicable per-
22 centages based on State performance levels
23 under section 458 of the Social Security Act
24 (42 U.S.C. 658a), and the Secretary shall dis-
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25 regard the case in determining whether the
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1 State data submitted to the Secretary are com-
2 plete and reliable for purposes of that section
3 and section 452 of such Act (42 U.S.C. 652).
4 (2) ELIGIBLE ENTITY.—In this section, the
5 term ‘‘eligible entity’’ means—
6 (A) a State;
7 (B) a unit of local government; or
8 (C) an Indian tribe or tribal organization
9 (as defined in subsections (e) and (l) of section
10 4 of the Indian Self-Determination and Edu-
11 cation Assistance Act (25 U.S.C. 5304)) that
12 receives direct payments from the Secretary
13 under section 455(f) of the Social Security Act
14 (42 U.S.C. 655(f)) or has entered into a coop-
15 erative agreement with a State under section
16 454(33) of such Act (42 U.S.C. 654(33)).
17 (3) APPLICATION, SELECTION OF ELIGIBLE EN-
18 TITIES.—
19 (A) APPLICATION.—
20 (i) IN GENERAL.—To participate in
21 the pilot program, an eligible entity shall
22 submit an application to the Secretary at
23 such time and in such manner as the Sec-
24 retary may require.
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1 (ii) REQUIRED INFORMATION.—An
2 application to participate in the pilot pro-
3 gram shall include—
4 (I) an outline of the healthy mar-
5 riage or responsible fatherhood pro-
6 grams that the eligible entity will
7 partner with for the purposes of par-
8 ticipating in the pilot program, includ-
9 ing a description of each the eligibility
10 and participation criteria for each
11 such program;
12 (II) the goals, strategies, and de-
13 sired outcomes of the eligible entity’s
14 proposed participation in the pilot
15 program; and
16 (III) such other information as
17 the Secretary shall require.
18 (B) SELECTION OF ELIGIBLE ENTITIES.—
19 Not later than September 30, 2021, the Sec-
20 retary shall select at least 10 eligible entities to
21 participate in the pilot program.
22 (4) DURATION OF PILOT PROGRAM.—The Sec-
23 retary shall conduct the pilot program during the 4-
24 year period that begins with fiscal year 2022 and
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25 ends with fiscal year 2025.
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1 (5) DATA COLLECTION AND REPORTING.—
2 Throughout the pilot period, an eligible entity par-
3 ticipating in the pilot program shall collect and re-
4 port to the Secretary such data related to the enti-
5 ty’s participation in the pilot program as the Sec-
6 retary shall require.
7 (b) GAO REPORT.—
8 (1) STUDY.—The Comptroller General of the
9 United States shall study the implementation and
10 impact of the pilot program established under sub-
11 section (a).
12 (2) REPORT.—Not later than January 1, 2026,
13 the Comptroller General shall submit a report to
14 Congress on the results of the study required under
15 paragraph (1) that includes information on the fol-
16 lowing:
17 (A) How State agencies responsible for ad-
18 ministering the State program funded under
19 part A of title IV of the Social Security Act (42
20 U.S.C. 601 et seq.) and the State agency re-
21 sponsible for administering the State plan
22 under part D of title IV of such Act (42 U.S.C.
23 651 et seq.) designate healthy marriage or re-
24 sponsible fatherhood programs as eligible pro-
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25 grams for purposes of the pilot program and
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1 what types of organizations have programs so
2 designated, including whether such programs
3 are funded under a grant made under section
4 403(a)(2) of such Act (42 U.S.C. 603(a)(2)),
5 under a program funded with qualified State
6 expenditures (as defined in section
7 409(a)(7)(B)(i)) of such Act (42 U.S.C.
8 609(a)(7)(B)(i))), or under any other program
9 funded with non-Federal funds.
10 (B) The types of activities and services
11 designated programs provide, including the ex-
12 tent to which any such activities and services
13 are intended for domestic violence victims and
14 survivors.
15 (C) An assessment of how the designated
16 programs compare to other entities receiving a
17 grant under section 403(a)(2) of such Act (42
18 U.S.C. 603(a)(2)), under a program funded
19 with qualified State expenditures (as defined in
20 section 409(a)(7)(B)(i)) of such Act (42 U.S.C.
21 609(a)(7)(B)(i))), or under any other program
22 funded with non-Federal funds, with respect to
23 the information described in subparagraphs (A)
24 and (B).
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1 (D) Recommendations for such administra-
2 tive or legislative action as the Comptroller
3 General determines appropriate.
4 SEC. 3532. CLOSURE OF CERTAIN CHILD SUPPORT EN-
5 FORCEMENT CASES.
6 Section 454(4)(A) of the Social Security Act (42
7 U.S.C. 654(4)(A)) is amended—
8 (1) by striking clause (i) and inserting the fol-
9 lowing:
10 ‘‘(i) a child living apart from one or
11 both parents for whom (I) assistance is
12 provided under the State program funded
13 under part A of this title, (II) benefits or
14 services for foster care maintenance are
15 provided under the State program funded
16 under part E of this title, (III) medical as-
17 sistance is provided under the State plan
18 approved under title XIX, or (IV) coopera-
19 tion is required pursuant to section 6(l)(1)
20 of the Food and Nutrition Act of 2008 (7
21 U.S.C. 2015(l)(1)) unless, in accordance
22 with paragraph (29), good cause or other
23 exceptions exist, or in the event that the
24 State agency becomes aware after opening
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25 a child support case upon referral from an-
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1 other program that both parents of the
2 child comprise an intact 2-parent house-
3 hold (even if a parent is temporarily living
4 elsewhere), and neither parent has applied
5 for child support services under clause (ii),
6 in which case the State agency shall notify
7 the referring program and each parent
8 that the case will be closed within 60 days
9 of the date of such notice unless either
10 parent contacts the State agency and re-
11 quests that the case remain open; and’’;
12 and
13 (2) in clause (ii), by inserting ‘‘living apart
14 from one or both parents’’ after ‘‘any other child’’.
15 CHAPTER 4—PARENTING TIME SERVICES
16 PILOT PROGRAM
17 SEC. 3541. PARENTING TIME SERVICES PILOT PROGRAM.
18 Part D of title IV of the Social Security Act (42
19 U.S.C. 651 et seq.) is amended by adding at the end the
20 following:
21 ‘‘SEC. 469C. PARENTING TIME SERVICES PILOT PROGRAM.
22 ‘‘(a) ESTABLISHMENT.—
23 ‘‘(1) IN GENERAL.—Not later than June 30,
24 2021, the Secretary shall establish a pilot program
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25 (referred to in this section as the ‘pilot program’) to
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1 provide payments to State, local, and tribal agencies
2 responsible for administering the program under this
3 part (referred to in this section as ‘eligible entities’)
4 for carrying out the activities described in subsection
5 (d) for the purpose of promoting the inclusion of
6 uncontested parenting time agreements in child sup-
7 port orders. Expenditures for activities carried out
8 by a State, local, or tribal agency participating in
9 the pilot program shall be treated as expenditures
10 authorized under the State or tribal plan approved
11 under this part, without regard to whether such ex-
12 penditures would otherwise be a permissible use of
13 funds under such plan.
14 ‘‘(2) NO BUDGET NEUTRALITY REQUIRED.—No
15 budget neutrality requirement shall apply to the
16 pilot program.
17 ‘‘(b) APPLICATION, SELECTION OF ELIGIBLE ENTI-
18 TIES, AND DURATION.—
19 ‘‘(1) APPLICATION.—
20 ‘‘(A) IN GENERAL.—To participate in the
21 pilot program, an eligible entity shall submit an
22 application to the Secretary at such time and in
23 such manner as the Secretary may require.
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1 ‘‘(B) REQUIRED INFORMATION.—An appli-
2 cation to participate in the pilot program shall
3 include the following:
4 ‘‘(i) The identity of the courts or judi-
5 cial or administrative agencies with which
6 the eligible entity will coordinate activities
7 carried out under the pilot program.
8 ‘‘(ii) The identity of the local, State,
9 or national level domestic violence shelter
10 and service organization with which the eli-
11 gible entity will partner with to develop
12 and implement the procedures to address
13 domestic violence required under sub-
14 section (d).
15 ‘‘(iii) A description of the role and re-
16 sponsibilities of each of such partner with
17 respect to developing and implementing the
18 procedures required under subsection (d),
19 and of the resources that each partner will
20 contribute to developing and implementing
21 such procedures.
22 ‘‘(iv) Such other information as the
23 Secretary shall require.
24 ‘‘(2) SELECTION OF ELIGIBLE ENTITIES.—Not
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25 later than September 30, 2021, the Secretary shall
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1 select at least 12 eligible entities to participate in
2 the pilot program, at least two of which shall be
3 tribal agencies described in subsection (b).
4 ‘‘(3) DURATION OF PILOT PROGRAM.—The Sec-
5 retary shall conduct the pilot program during the 5-
6 year period that begins with fiscal year 2022 and
7 ends with fiscal year 2026.
8 ‘‘(c) AUTHORIZED ACTIVITIES.—An eligible entity
9 participating in the pilot program shall carry out the fol-
10 lowing activities:
11 ‘‘(1) Establishing parent time plans in conjunc-
12 tion with the establishment of a child support order.
13 ‘‘(2) Coordinating with the custodial and non-
14 custodial parent when establishing a parent time
15 plan.
16 ‘‘(3) Supervising and facilitating parents’ visita-
17 tion and access to their children, including virtual
18 visitation in situations where in-person visitation is
19 not practicable.
20 ‘‘(4) Providing parents with legal information
21 and referrals related to parenting time.
22 ‘‘(5) Coordinating with domestic violence shelter
23 and service organizations.
24 ‘‘(6) Employing a staff member to serve as a
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25 domestic violence coordinator.
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1 ‘‘(7) Such other activities related to promoting
2 the inclusion of uncontested parenting time agree-
3 ments in child support orders as the Secretary may
4 approve.
5 ‘‘(d) PROGRAM REQUIREMENTS.—As a condition of
6 receiving payments under the pilot program, an eligible
7 entity shall meet the following requirements:
8 ‘‘(1) PROCEDURES TO ADDRESS DOMESTIC VIO-
9 LENCE.—Not later than 3 months after the eligible
10 entity is selected to participate in the pilot program,
11 the eligible entity, in consultation with the State do-
12 mestic violence coalition (as defined in section
13 302(11) of the Family Violence Prevention and
14 Services Act (42 U.S.C. 10402(11))) and the domes-
15 tic violence shelter and service organization with
16 which the entity is partnering, shall do the following:
17 ‘‘(A) Develop, and submit to the Secretary
18 for approval, written protocols for use by the el-
19 igible entity in carrying out activities under the
20 pilot program that are based on comprehensive
21 and evidence-based practices and tools for—
22 ‘‘(i) identifying instances of domestic
23 violence and situations where there is a
24 risk of domestic violence;
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1 ‘‘(ii) responding to any instances of
2 domestic violence and situations where
3 there is a risk of domestic violence that are
4 so identified, including by making referrals
5 to domestic violence intervention and pre-
6 vention services, assisting with safety plan-
7 ning, and providing protections and other
8 appropriate assistance to individuals and
9 families who are victims or potential vic-
10 tims of domestic violence;
11 ‘‘(iii) addressing confidentiality issues
12 related to identifying and responding to in-
13 stances of domestic violence and situations
14 where there is a risk of domestic violence;
15 and
16 ‘‘(iv) providing domestic violence
17 awareness and intervention and prevention
18 training to ensure the effective and con-
19 sistent implementation of the protocols de-
20 veloped under this subparagraph.
21 ‘‘(B) Build the capacity of the staff of the
22 eligible entity and the domestic violence shelter
23 and service organization partner of the entity to
24 communicate with parents about domestic vio-
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25 lence.
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1 ‘‘(C) Appoint a staff member of the eligible
2 entity or the domestic violence shelter and serv-
3 ice organizations to serve as the domestic vio-
4 lence coordinator for purposes of the activities
5 carried out under the pilot program.
6 ‘‘(D) Submit a final report to the Sec-
7 retary describing—
8 ‘‘(i) the protocols established by the
9 eligible entity to address domestic violence;
10 and
11 ‘‘(ii) any issues that the eligible entity
12 encountered in implementing such proto-
13 cols and if so, how the eligible entity ad-
14 dressed such issues.
15 ‘‘(2) DATA COLLECTION AND REPORTING.—
16 Throughout the pilot period, an eligible entity par-
17 ticipating in the pilot program shall collect and re-
18 port to the Secretary such data related to the enti-
19 ty’s participation in the pilot program as the Sec-
20 retary shall require.
21 ‘‘(e) PAYMENTS TO ELIGIBLE ENTITIES.—
22 ‘‘(1) IN GENERAL.—For each quarter during
23 the pilot period described in subsection (b)(3), the
24 Secretary shall pay to each eligible entity partici-
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25 pating in the pilot program an amount equal to the
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1 applicable percentage specified in paragraph (2) of
2 the amounts expended by the entity during the quar-
3 ter to carry out the pilot program. Such payments
4 shall be made in addition to, and as part of, the
5 quarterly payment made to the eligible entity under
6 section 455(a)(1). Amounts expended by an eligible
7 entity participating in the pilot program shall be
8 treated as amounts expended for a purpose for
9 which a quarterly payment is available under section
10 455(a)(1)(A), without regard to whether payment
11 would otherwise be available under such section in
12 the absence of the pilot program (and subject to the
13 application of the applicable percentage for such
14 quarter under paragraph (2) in lieu of the percent-
15 age that would otherwise apply under such section
16 (if any)).
17 ‘‘(2) APPLICABLE PERCENTAGE.—The applica-
18 ble percentage specified in this paragraph is—
19 ‘‘(A) in the case of payments made for the
20 first 8 quarters of the pilot period, 100 percent;
21 and
22 ‘‘(B) in the case of payments made for
23 each subsequent quarter of the pilot period, 66
24 percent (80 percent in the case of an eligible
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25 entity that is a tribal agency).
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1 ‘‘(3) SUNSET FOR PAYMENTS.—In no case may
2 payments be provided by the Secretary for amounts
3 expended by an eligible entity to carry out the pilot
4 program for any quarter of a fiscal year after fiscal
5 year 2026.
6 ‘‘(f) EVALUATION OF PILOT PROGRAM.—
7 ‘‘(1) IN GENERAL.—The Secretary shall con-
8 duct (directly or by grant, contract, or interagency
9 agreement) a comprehensive evaluation of the pilot
10 program that satisfies the requirements of this sub-
11 section.
12 ‘‘(2) DEADLINE.—Not later than 1 year after
13 the pilot program ends, the Secretary shall submit
14 to Congress a report containing the results of such
15 comprehensive evaluation.
16 ‘‘(3) EVALUATION REQUIREMENTS.—
17 ‘‘(A) IN GENERAL.—A comprehensive eval-
18 uation satisfies the requirements of this sub-
19 section if—
20 ‘‘(i) the evaluation is designed to iden-
21 tify successful activities for creating oppor-
22 tunities for developing and sustaining par-
23 enting time to—
24 ‘‘(I) build evidence of the effec-
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25 tiveness of such activities;
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1 ‘‘(II) determine the lessons
2 learned (including barriers to success)
3 from such activities; and
4 ‘‘(III) to the extent practicable,
5 help build local evaluation capacity,
6 including the capacity to use evalua-
7 tion data to inform continuous pro-
8 gram improvement; and
9 ‘‘(ii) the evaluation includes research
10 designs that encourage innovation and re-
11 flect the nature of the activities under-
12 taken, successful implementation efforts,
13 and the needs of the communities, without
14 prioritizing efficacy research over effective-
15 ness research.
16 ‘‘(B) RANDOMIZED CONTROLLED
17 TRIALS.—A comprehensive evaluation con-
18 ducted in accordance with this subsection may,
19 but shall not be required to, include a random-
20 ized controlled trial.
21 ‘‘(4) REPORT REQUIREMENTS.—The report on
22 the comprehensive evaluation conducted in accord-
23 ance with this subsection shall include the following:
24 ‘‘(A) An assessment of the process used to
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25 assist parents in developing and establishing
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1 parenting time agreements and the number of
2 parenting time agreements established during
3 the pilot program.
4 ‘‘(B) An assessment of the impact of the
5 pilot program on child support payment out-
6 comes, including payment behaviors such as the
7 amount of monthly payments, the frequency of
8 monthly payments, and the frequency and type
9 of non-financial assistance.
10 ‘‘(C) An assessment of the access barriers
11 to establishing and complying with parenting
12 time agreements, and the effectiveness of meth-
13 ods used by the pilot projects to address bar-
14 riers.
15 ‘‘(D) An assessment of the impact of the
16 pilot program on co-parenting quality.
17 ‘‘(E) An assessment of the impact of the
18 pilot program on relationships between custo-
19 dial and non-custodial parents.
20 ‘‘(F) An assessment of the impact of the
21 pilot program on relationships between non-cus-
22 todial parents and their children.
23 ‘‘(G) Data on the incidence and prevalence
24 of domestic violence between custodial and non-
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1 custodial parents during the course of the pilot
2 program.
3 ‘‘(H) A detailed description of the proce-
4 dures used to address incidents of domestic vio-
5 lence between custodial and non-custodial par-
6 ents during the course of the pilot program.
7 ‘‘(I) An assessment of the impact of the
8 pilot program on increasing custodial and non-
9 custodial parents’ knowledge about domestic vi-
10 olence.
11 ‘‘(5) APPROPRIATION.—Out of any money in
12 the Treasury not otherwise appropriated, there is
13 appropriated to the Secretary to carry out this sub-
14 section $1,000,000 for each of fiscal years 2022
15 through 2026, to remain available until expended.
16 ‘‘(g) DOMESTIC VIOLENCE DEFINED.—In this sec-
17 tion, the term ‘domestic violence’ means violence between
18 intimate partners, which involves any form of physical vio-
19 lence, sexual violence, stalking, or psychological aggres-
20 sion, by a current or former intimate partner.’’.
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1 CHAPTER 5—IMPROVEMENTS TO THE
2 CHILD SUPPORT PASS-THROUGH RE-
3 QUIREMENTS
4 SEC. 3551. CHILD SUPPORT PASS-THROUGH PROGRAM IM-
5 PROVEMENTS.
6 (a) PASS-THROUGH OF ALL CURRENT SUPPORT
7 AMOUNTS AND ARREARAGES COLLECTED FOR CURRENT
8 AND FORMER TANF FAMILIES.—Section 457 of the So-
9 cial Security Act (42 U.S.C. 657) is amended—
10 (1) in subsection (a), in the matter preceding
11 paragraph (1), by striking ‘‘and (e)’’ and inserting
12 ‘‘, (e), (f), and (g)’’; and
13 (2) by adding at the end the following:
14 ‘‘(f) DISTRIBUTION OF CURRENT SUPPORT AMOUNT
15 AND ARREARAGES COLLECTED FOR TANF FAMILIES.—
16 ‘‘(1) TANF FAMILIES.—Subject to subsections
17 (d), (e), and (g), beginning October 1, 2023—
18 ‘‘(A) paragraph (1) of subsection (a) shall
19 no longer apply to the distribution of amounts
20 collected on behalf of a TANF family as sup-
21 port by a State pursuant to a plan approved
22 under this part;
23 ‘‘(B) the State shall pay to a TANF family
24 all of the current support amount collected by
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25 the State on behalf of the family and all of any
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1 excess amount collected on behalf of the family
2 to the extent necessary to satisfy support ar-
3 rearages; and
4 ‘‘(C) for purposes of determining eligibility
5 for, and the amount and type of, assistance
6 from the State under the State program funded
7 under part A, the State shall disregard the cur-
8 rent support amount paid to a TANF family
9 and shall disregard the current support amount
10 paid to any family that is an applicant for as-
11 sistance under the State program funded under
12 part A.
13 ‘‘(2) FORMER TANF FAMILIES.—
14 ‘‘(A) IN GENERAL.—Subject to subsections
15 (e) and (g), beginning October 1, 2025—
16 ‘‘(i) subsection (a)(2) shall no longer
17 apply to the distribution of amounts col-
18 lected on behalf of a former TANF family
19 as support by a State pursuant to a plan
20 approved under this part or to support ob-
21 ligations assigned by the family; and
22 ‘‘(ii) the State shall pay to a former
23 TANF family all of the current support
24 amount collected by the State on behalf of
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25 the family and all of any excess amount
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1 collected on behalf of the family to the ex-
2 tent necessary to satisfy support arrear-
3 ages (and the State shall treat amounts
4 collected pursuant to an assignment by the
5 family as if the amounts had never been
6 assigned and shall distribute the amounts
7 to the family in accordance with subsection
8 (a)(4)).
9 ‘‘(B) STATE OPTION FOR EARLIER IMPLE-
10 MENTATION.—A State may elect to apply sub-
11 paragraph (A) to the distribution of amounts
12 collected on behalf of a former TANF family as
13 support by a State pursuant to a plan approved
14 under this part beginning on the first day of
15 any quarter of fiscal year 2024 or 2025.
16 ‘‘(3) DEFINITIONS.—In this subsection:
17 ‘‘(A) TANF FAMILY.—The term ‘TANF
18 family’ means a family receiving assistance
19 from the State under the State program funded
20 under part A.
21 ‘‘(B) FORMER TANF FAMILY.—The term
22 ‘former TANF family’ means a family that for-
23 merly received assistance from the State under
24 the State program funded under part A.
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1 ‘‘(C) EXCESS AMOUNT.—The term ‘excess
2 amount’ means, with respect to amounts col-
3 lected by a State as support on behalf of a fam-
4 ily, the amount by which such amount collected
5 exceeds the current support amount.’’.
6 (b) TEMPORARY INCREASE IN MATCHING RATE.—
7 Section 455(a)(3) of such Act (42 U.S.C. 655(a)(3)) is
8 amended to read as follows:
9 ‘‘(3)(A) The Secretary shall pay to each State, for
10 each quarter of fiscal years 2022 and 2023, 90 percent
11 of so much of the State expenditures described in para-
12 graph (1)(B) for the quarter as the Secretary finds are
13 for a system meeting the requirements specified in sec-
14 tions 454(16) and 454A.
15 ‘‘(B) In the case of a State which elects the option
16 under subparagraph (B) of section 457(f)(2) to apply sub-
17 paragraph (A) of that section to the distribution of
18 amounts collected on behalf of a former TANF family (as
19 defined in subparagraph (B) of section 457(f)(3)) as sup-
20 port by a State pursuant to a plan approved under this
21 part beginning on the first day of any quarter of fiscal
22 year 2024 or 2025, the Secretary shall pay to the State
23 for each quarter of fiscal year 2024 and 2025 for which
24 such an election has been made, 90 percent of so much
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25 of the State expenditures described in paragraph (1)(B)
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1 for the quarter as the Secretary finds are for a system
2 meeting the requirements specified in sections 454(16)
3 and 454A.
4 ‘‘(C) This paragraph shall not apply to State expendi-
5 tures described in paragraph (1)(B) for any quarter begin-
6 ning on or after September 30, 2024 (September 30,
7 2023, in the case of a State that does not elect the option
8 described in subparagraph (B)).’’.
9 (c) TRANSITION TO ELIMINATION OF EXCEPTED
10 PORTION FOR PASS-THROUGH DISREGARD OPTION.—
11 (1) IN GENERAL.—Subparagraph (B) of section
12 457(a)(6) of such Act (42 U.S.C. 657(a)(6)) is
13 amended to read as follows:
14 ‘‘(B) FAMILIES THAT CURRENTLY RE-
15 CEIVE ASSISTANCE UNDER PART A.—During
16 each of fiscal years 2021, 2022, and 2023, in
17 the case of a family that receives assistance
18 from the State under the State program funded
19 under part A, a State shall not be required to
20 pay to the Federal Government the Federal
21 share of an amount collected on behalf of a
22 family receiving assistance from the State
23 under the State program funded under part A
24 to the extent that the State—
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1 ‘‘(i) pays the amount to the family;
2 and
3 ‘‘(ii) disregards all of the amount col-
4 lected that does not exceed the current
5 support amount for purposes of deter-
6 mining the family’s eligibility for, and the
7 amount and type of, assistance from the
8 State under the State program funded
9 under part A.’’.
10 (2) CONFORMING AMENDMENT.—Section
11 457(a)(6) of such Act (42 U.S.C. 657(a)(6)) is
12 amended in the heading, by inserting ‘‘; TRANSITION
13 TO ELIMINATION OF EXCEPTED PORTION’’ after
14 ‘‘PARTICIPATION’’.
15 (d) AMOUNTS COLLECTED ON BEHALF OF FAMILIES
16 RECEIVING FOSTER CARE MAINTENANCE PAYMENTS.—
17 (1) IN GENERAL.—Section 457 of such Act (42
18 U.S.C. 657) as amended by subsection (a), is fur-
19 ther amended by adding at the end the following:
20 ‘‘(g) DISTRIBUTION OF AMOUNTS COLLECTED ON
21 BEHALF OF A CHILD FOR WHOM FOSTER CARE MAINTE-
22 NANCE PAYMENTS ARE BEING MADE.—
23 ‘‘(1) IN GENERAL.—Beginning October 1,
24 2023—
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1 ‘‘(A) subsection (e) shall no longer apply to
2 the distribution of amounts collected by a State
3 as child support for months in any period on
4 behalf of a child for whom a public agency is
5 making foster care maintenance payments
6 under part E;
7 ‘‘(B) with respect to the current support
8 amount collected by the State on behalf of the
9 child, the State shall elect to—
10 ‘‘(i) pay such amount to a foster par-
11 ent of the child or a kinship caregiver for
12 the child whenever practicable, or to the
13 person responsible for meeting the child’s
14 day-to-day needs; or
15 ‘‘(ii) deposit such amount in a savings
16 account to be used for the child’s future
17 needs in the event of the child’s reunifica-
18 tion with family from which the child was
19 removed (including for reunification serv-
20 ices for the child and family);
21 ‘‘(C) to the extent any amount collected
22 exceeds the current support amount and, after
23 the beginning of the period in which a public
24 agency began making foster care maintenance
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25 payments under part E on behalf of the child,
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1 support arrearages have accrued with respect to
2 the child, the State shall deposit such excess
3 amount into a savings account to be used for
4 the child’s future needs; and
5 ‘‘(D) when the child is returned to the
6 family from which the child was removed, or
7 placed for adoption, with a legal guardian, or,
8 if adoption or legal guardianship is determined
9 not to be safe and appropriate for a child, in
10 some other planned, permanent living arrange-
11 ment, any amount in such savings account
12 shall—
13 ‘‘(i) if the child has attained age 18,
14 be transferred to the child; or
15 ‘‘(ii) if the child has not attained age
16 18, be maintained in such account until
17 the child attains such age, and shall be
18 transferred to the child when the child at-
19 tains such age.
20 ‘‘(2) ADMINISTRATION.—The State agency re-
21 sponsible for administering the program under this
22 part shall be responsible for the distribution under
23 this subsection of amounts collected on behalf of a
24 child for whom a public agency is making foster care
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25 maintenance payments under part E.’’.
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1 (2) GAO REPORT.—
2 (A) STUDY.—The Comptroller General of
3 the United States shall study the implementa-
4 tion and impact of the requirements for dis-
5 tribution of amounts collected on behalf of a
6 child for whom foster care maintenance pay-
7 ments are being made under subsection (g) of
8 section 457 of the Social Security Act (42
9 U.S.C. 657) as added by paragraph (1).
10 (B) REPORT.—Not later than January 1,
11 2027, the Comptroller General shall submit a
12 report to Congress on the results of the study
13 required under paragraph (1) that includes in-
14 formation on the following:
15 (i) A description of how States have
16 elected to implement the distribution re-
17 quirements of such subsection, including
18 with respect to the choices States make re-
19 garding how much of current support
20 amounts are paid to foster families, saved
21 in the event of a child’s reunification with
22 the family from which the child was re-
23 moved, or saved for the child’s future
24 needs.
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1 (ii) A description of how States dis-
2 tribute or use amounts saved in the event
3 of a child’s reunification with the family
4 from which the child was removed, includ-
5 ing the extent to which such amounts are
6 used to provide reunification services for
7 the child and family or distributed in full
8 to the family.
9 (iii) Recommendations regarding best
10 practices regarding distributions made
11 under such subsection, along with rec-
12 ommendations for such administrative or
13 legislative action as the Comptroller Gen-
14 eral determines appropriate.
15 (e) DISCONTINUATION OF SUPPORT ASSIGN-
16 MENTS.—
17 (1) TERMINATION OF TANF REQUIREMENT TO
18 ASSIGN SUPPORT RIGHTS TO THE STATE.—Para-
19 graph (3) of section 408(a) of such Act (42 U.S.C.
20 608(a)) is amended to read as follows:
21 ‘‘(3) NO ASSISTANCE FOR FAMILIES NOT AS-
22 SIGNING CERTAIN SUPPORT RIGHTS TO THE
23 STATE.—
24 ‘‘(A) IN GENERAL.—With respect to each
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25 of fiscal years 2021, 2022, and 2023, subject to
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1 section 457(b)(3), a State to which a grant is
2 made under section 403 shall require, as a con-
3 dition of paying assistance to a family under
4 the State program funded under this part, that
5 a member of the family assign to the State any
6 right the family member may have (on behalf of
7 the family member or of any other person for
8 whom the family member has applied for or is
9 receiving such assistance) to support from any
10 other person, not exceeding the total amount of
11 assistance so paid to the family, which accrues
12 during the period that the family receives as-
13 sistance under the program.
14 ‘‘(B) SUNSET.—Subparagraph (A) shall
15 not apply to any State or family after Sep-
16 tember 30, 2023.’’.
17 (2) STATE OPTION TO DISCONTINUE SUPPORT
18 ASSIGNMENTS UNDER TANF BEFORE FISCAL YEAR
19 2023.—Section 457(b) of such Act (42 U.S.C.
20 657(b)) is amended by adding at the end the fol-
21 lowing:
22 ‘‘(3) STATE OPTION TO DISCONTINUE SUPPORT
23 ASSIGNMENTS UNDER PART A BEFORE TERMINATION
24 OF REQUIREMENT.—A State may elect for any or all
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25 of fiscal years 2021 through 2023, to—
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1 ‘‘(A) not require the assignment of support
2 obligations under section 408(a)(3)(A) as a con-
3 dition of paying assistance to a family under
4 the State program funded under part A; and
5 ‘‘(B) discontinue the assignment of a sup-
6 port obligation described in such section, and
7 treat amounts collected pursuant to the assign-
8 ment as if the amounts had never been assigned
9 and distribute the amounts to the family.’’.
10 (f) ELIMINATION OF OPTION TO APPLY FORMER
11 DISTRIBUTION RULES FOR FAMILIES FORMERLY RECEIV-
12 ING ASSISTANCE.—
13 (1) IN GENERAL.—Section 454 of such Act (42
14 U.S.C. 654) is amended—
15 (A) in paragraph (32)(C), by adding
16 ‘‘and’’ after the semicolon;
17 (B) in paragraph (33), by striking ‘‘; and’’
18 and inserting a period; and
19 (C) by striking paragraph (34).
20 (2) EFFECTIVE DATE.—The amendments made
21 by paragraph (1) take effect on October 1, 2023.
22 (g) CONFORMING AMENDMENTS.—
23 (1) Section 454B(c)(1) of such Act (42 U.S.C.
24 654b(c)(1)) is amended by striking ‘‘457(a)’’ and in-
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25 serting ‘‘457’’.
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1 (2) Section 457 of such Act (42 U.S.C. 657),
2 as amended by subsections (a) and (d), is further
3 amended—
4 (A) in subsection (c), in the matter pre-
5 ceding paragraph (1), by striking ‘‘subsection
6 (a)’’ and inserting ‘‘subsections (a), (f), and
7 (g)’’; and
8 (B) in subsection (e), in the matter pre-
9 ceding paragraph (1), by striking ‘‘Notwith-
10 standing the preceding provisions of this sec-
11 tion, amounts’’ and inserting ‘‘Subject to sub-
12 section (g), amounts’’.
13 SEC. 3552. BAN ON RECOVERY OF MEDICAID COSTS FOR
14 BIRTHS.
15 (a) IN GENERAL.—Section 454 of the Social Security
16 Act (42 U.S.C. 654) is amended—
17 (1) by striking ‘‘and’’ at the end of paragraph
18 (33);
19 (2) by striking the period at the end of para-
20 graph (34) and inserting ‘‘; and’’; and
21 (3) by inserting after paragraph (34) the fol-
22 lowing:
23 ‘‘(35) provide that the State shall not use the
24 State program operated under this part to collect
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25 any amount owed to the State by reason of costs in-
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1 curred under the State plan approved under title
2 XIX for the birth of a child for whom support rights
3 have been assigned pursuant to section 1912.’’.
4 (b) CLARIFICATION THAT BAN ON RECOVERY DOES
5 NOT APPLY WITH RESPECT TO INSURANCE OF A PARENT
6 WITH AN OBLIGATION TO PAY CHILD SUPPORT.—Sec-
7 tion 1902(a)(25)(F) of the Social Security Act (42 U.S.C.
8 1396a(a)(25)(F)) is amended—
9 (1) in clause (i), by striking ‘‘care.;’’ and insert-
10 ing ‘‘care; and’’; and
11 (2) in clause (ii), by inserting ‘‘only if such
12 third-party liability is derived through insurance,’’
13 before ‘‘seek’’.
14 (c) EFFECTIVE DATE.—
15 (1) IN GENERAL.—Except as provided in para-
16 graph (2), the amendments made by this section
17 take effect on October 1, 2025.
18 (2) STATE OPTION FOR EARLIER APPLICA-
19 TION.—A State may elect for the amendments made
20 by this section to take effect with respect to the
21 State plans under part D of title IV and title XIX
22 of the Social Security Act (42 U.S.C. 671 et seq.;
23 1396 et seq.) on the first day of any quarter of fis-
24 cal years 2021 through 2025.
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1 SEC. 3553. IMPROVING STATE DOCUMENTATION AND RE-
2 PORTING OF CHILD SUPPORT COLLECTION
3 DATA.
4 (a) STATE PLAN REQUIREMENT.—Paragraph (10) of
5 section 454(10) of the Social Security Act (42 U.S.C.
6 654(10)) is amended to read as follows:
7 ‘‘(10) provide that the State will—
8 ‘‘(A) maintain a full record of collections
9 and disbursements made under the plan and
10 have an adequate reporting system; and
11 ‘‘(B) document outcomes with respect to
12 each child support obligation that is enforced by
13 the State, including monthly support payment
14 amounts (distinguishing between full monthly
15 payments and partial monthly payments) and
16 the frequency of monthly support payments for
17 each such case and include information on such
18 outcomes in the annual report required under
19 paragraph (15);’’.
20 (b) INCLUSION IN ANNUAL REPORT BY THE SEC-
21 RETARY.—Section 452(a)(10)(A) of such Act (42 U.S.C.
22 652(a)(10)(A)) is amended—
23 (1) in clause (ii), by striking ‘‘and’’ after the
24 semicolon;
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25 (2) in clause (iii)(II), by adding ‘‘and’’ after the
26 semicolon; and
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1 (3) by adding at the end the following:
2 ‘‘(iv) information on the documented
3 outcomes with respect to each child sup-
4 port obligation that was enforced under a
5 State plan approved under this part during
6 the fiscal year, as required under para-
7 graph (10) of section 454 and included in
8 the annual report required under para-
9 graph (15) of that section;’’.
10 CHAPTER 6—PROGRAM FLEXIBILITY
11 DURING THE COVID–19 PANDEMIC
12 SEC. 3561. EMERGENCY TANF FLEXIBILITY.
13 (a) IN GENERAL.—With respect to the period that
14 begins on March 1, 2020, and ends September 30, 2021:
15 (1) Sections 408(a)(2), 409(a)(5), and
16 409(a)(8) of the Social Security Act shall have no
17 force or effect.
18 (2) Notwithstanding section 466(d) of such Act,
19 the Secretary may exempt a State from any require-
20 ment of section 466 of such Act to respond to the
21 COVID–19 pandemic, except that the Secretary may
22 not exempt a State from any requirement to—
23 (A) provide a parent with notice of a right
24 to request a review and, if appropriate, adjust-
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25 ment of a support order; or
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1 (B) afford a parent the opportunity to
2 make such a request.
3 (3) The Secretary may not impose a penalty or
4 take any other adverse action against a State pursu-
5 ant to section 452(g)(1) of such Act for failure to
6 achieve a paternity establishment percentage of less
7 than 90 percent.
8 (4) The Secretary may not find that the pater-
9 nity establishment percentage for a State is not
10 based on reliable data for purposes of section
11 452(g)(1) of such Act, and the Secretary may not
12 determine that the data which a State submitted
13 pursuant to section 452(a)(4)(C)(i) of such Act and
14 which is used in determining a performance level is
15 not complete or reliable for purposes of section
16 458(b)(5)(B) of such Act, on the basis of the failure
17 of the State to submit OCSE Form 396 or 34 in a
18 timely manner.
19 (5) The Secretary may not impose a penalty or
20 take any other adverse action against a State for
21 failure to comply with section 454B(c)(1) or
22 454A(g)(1)(A)(i) of such Act.
23 (6) The Secretary may not disapprove a State
24 plan submitted pursuant to part D of title IV of
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25 such Act for failure of the plan to meet the require-
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1 ment of section 454(1) of such Act, and may not im-
2 pose a penalty or take any other adverse action
3 against a State with such a plan that meets that re-
4 quirement for failure to comply with that require-
5 ment.
6 (7) To the extent that a preceding provision of
7 this section applies with respect to a provision of law
8 applicable to a program operated by an Indian tribe
9 or tribal organization (as defined in subsections (e)
10 and (l) of section 4 of the Indian Self-Determination
11 and Education Assistance Act (25 U.S.C. 450b)),
12 that preceding provision shall apply with respect to
13 the Indian tribe or tribal organization.
14 (8) Any increase in the Federal medical assist-
15 ance percentage for a State resulting from the appli-
16 cation of this subsection shall not be taken into ac-
17 count for purposes of calculating the Federal share
18 of assigned collections paid by the State to the Fed-
19 eral Government under section 457 of the Social Se-
20 curity Act (42 U.S.C. 657).
21 (b) STATE DEFINED.—In subsection (a), the term
22 ‘‘State’’ has the meaning given the term in section
23 1101(a) of the Social Security Act for purposes of title
24 IV of such Act.
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1 (c) TECHNICAL CORRECTION.—Section 6008 of the
2 Families First Coronavirus Response Act (42 U.S.C.
3 1396d note) is amended by adding at the end the fol-
4 lowing:
5 ‘‘(e) SCOPE OF APPLICATION.—An increase in the
6 Federal medical assistance percentage for a State under
7 this section shall not be taken into account for purposes
8 of calculating the Federal share of assigned collections
9 paid by the State to the Federal Government under sec-
10 tion 457 of the Social Security Act (42 U.S.C. 657).’’.
11 (d) STATE PERFORMANCE YEAR FOR INCENTIVE
12 PAYMENTS.—Notwithstanding section 458 of the Social
13 Security Act (42 U.S.C. 658a), the data which a State
14 submitted pursuant to section 454(15)(B) of such Act (42
15 U.S.C. 654(15)(B)) for fiscal year 2019 and which the
16 Secretary has determined is complete and reliable shall be
17 used to determine the performance level for each measure
18 of State performance specified in section 458(b)(4) of such
19 Act for each of fiscal years 2020 and 2021.
20 SEC. 3562. 2020 RECOVERY REBATES NOT SUBJECT TO RE-
21 DUCTION OR OFFSET WITH RESPECT TO
22 PAST-DUE SUPPORT.
23 (a) IN GENERAL.—Section 2201(d)(2) of the CARES
24 Act is amended by inserting ‘‘(c),’’ before ‘‘(d)’’.
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1 (b) EFFECTIVE DATE.—The amendment made by
2 this section shall apply to credits and refunds allowed or
3 made after the date of the enactment of this Act.
4 SEC. 3563. PROTECTION OF 2020 RECOVERY REBATES.
5 (a) IN GENERAL.—Subsection (d) of section 2201 of
6 the CARES Act (Public Law 116–136), as amended by
7 section 3562, is further amended—
8 (1) by redesignating paragraphs (1), (2), and
9 (3) as subparagraphs (A), (B), and (C), and by mov-
10 ing such subparagraphs 2 ems to the right;
11 (2) by striking ‘‘REDUCTION OR OFFSET.—Any
12 credit’’ and inserting ‘‘REDUCTION, OFFSET, GAR-
13 NISHMENT, ETC.—
14 ‘‘(1) IN GENERAL.—Any credit’’; and
15 (3) by adding at the end the following new
16 paragraphs:
17 ‘‘(2) ASSIGNMENT OF BENEFITS.—
18 ‘‘(A) IN GENERAL.—The right of any per-
19 son to any applicable payment shall not be
20 transferable or assignable, at law or in equity,
21 and no applicable payment shall be subject to,
22 execution, levy, attachment, garnishment, or
23 other legal process, or the operation of any
24 bankruptcy or insolvency law.
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1 ‘‘(B) ENCODING OF PAYMENTS.—As soon
2 as practicable, but not earlier than 10 days
3 after the date of the enactment of this para-
4 graph, in the case of an applicable payment
5 that is paid electronically by direct deposit
6 through the Automated Clearing House (ACH)
7 network, the Secretary of the Treasury (or the
8 Secretary’s delegate) shall—
9 ‘‘(i) issue the payment using a unique
10 identifier that is reasonably sufficient to
11 allow a financial institution to identify the
12 payment as an applicable payment, and
13 ‘‘(ii) further encode the payment pur-
14 suant to the same specifications as re-
15 quired for a benefit payment defined in
16 section 212.3 of title 31, Code of Federal
17 Regulations.
18 ‘‘(C) GARNISHMENT.—
19 ‘‘(i) ENCODED PAYMENTS.—In the
20 case of a garnishment order received after
21 the date that is 10 days after the date of
22 the enactment of this paragraph and that
23 applies to an account that has received an
24 applicable payment that is encoded as pro-
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25 vided in subparagraph (B), a financial in-
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1 stitution shall follow the requirements and
2 procedures set forth in part 212 of title
3 31, Code of Federal Regulations, except a
4 financial institution shall not, with regard
5 to any applicable payment, be required to
6 provide the notice referenced in sections
7 212.6 and 212.7 of title 31, Code of Fed-
8 eral Regulations. This paragraph shall not
9 alter the status of applicable payments as
10 tax refunds or other nonbenefit payments
11 for purpose of any reclamation rights of
12 the Department of Treasury or the Inter-
13 nal Revenue Service as per part 210 of
14 title 31 of the Code of Federal Regula-
15 tions.
16 ‘‘(ii) OTHER PAYMENTS.—If a finan-
17 cial institution receives a garnishment
18 order, other than an order that has been
19 served by the United States or an order
20 that has been served by a Federal, State,
21 or local child support enforcement agency,
22 that has been received by a financial insti-
23 tution after the date that is 10 days after
24 the date of the enactment of this para-
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25 graph and that applies to an account into
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1 which an applicable payment that has not
2 been encoded as provided in subparagraph
3 (B) has been deposited electronically or by
4 an applicable payment that has been de-
5 posited by check on any date in the
6 lookback period, the financial institution,
7 upon the request of the account holder,
8 shall treat the amount of the funds in the
9 account at the time of the request, up to
10 the amount of the applicable payment (in
11 addition to any amounts otherwise pro-
12 tected under part 212 of title 31, Code of
13 Federal Regulations), as exempt from a
14 garnishment order without requiring the
15 consent of the party serving the garnish-
16 ment order or the judgment creditor.
17 ‘‘(iii) LIABILITY.—A financial institu-
18 tion that acts in good faith in reliance on
19 clauses (i) or (ii) shall not be subject to li-
20 ability or regulatory action under any Fed-
21 eral or State law, regulation, court or other
22 order, or regulatory interpretation for ac-
23 tions concerning any applicable payments.
24 ‘‘(D) DEFINITIONS.—For purposes of this
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25 paragraph—
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1 ‘‘(i) ACCOUNT HOLDER.—The term
2 ‘account holder’ means a natural person
3 whose name appears in a financial institu-
4 tion’s records as the direct or beneficial
5 owner of an account.
6 ‘‘(ii) ACCOUNT REVIEW.—The term
7 ‘account review’ means the process of ex-
8 amining deposits in an account to deter-
9 mine if an applicable payment has been de-
10 posited into the account during the
11 lookback period. The financial institution
12 shall perform the account review following
13 the procedures outlined in section 212.5 of
14 title 31, Code of Federal Regulations and
15 in accordance with the requirements of sec-
16 tion 212.6 of title 31, Code of Federal
17 Regulations.
18 ‘‘(iii) APPLICABLE PAYMENT.—The
19 term ‘applicable payment’ means any pay-
20 ment of credit or refund by reason of sec-
21 tion 6428 of the Internal Revenue Code of
22 1986 (as so added) or by reason of sub-
23 section (c) of this section.
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1 ‘‘(iv) GARNISHMENT.—The term ‘gar-
2 nishment’ means execution, levy, attach-
3 ment, garnishment, or other legal process.
4 ‘‘(v) GARNISHMENT ORDER.—The
5 term ‘garnishment order’ means a writ,
6 order, notice, summons, judgment, levy, or
7 similar written instruction issued by a
8 court, a State or State agency, a munici-
9 pality or municipal corporation, or a State
10 child support enforcement agency, includ-
11 ing a lien arising by operation of law for
12 overdue child support or an order to freeze
13 the assets in an account, to effect a gar-
14 nishment against a debtor.
15 ‘‘(vi) LOOKBACK PERIOD.—The term
16 ‘lookback period’ means the two-month pe-
17 riod that begins on the date preceding the
18 date of account review and ends on the
19 corresponding date of the month two
20 months earlier, or on the last date of the
21 month two months earlier if the cor-
22 responding date does not exist.’’.
23 (b) EFFECTIVE DATE.—The amendments made by
24 this section shall take effect on the date of the enactment
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25 of this Act.
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1 CHAPTER 7—EFFECTIVE DATE
2 SEC. 3571. EFFECTIVE DATE.
3 (a) IN GENERAL.—Except as otherwise provided in
4 this subtitle, the amendments made by this subtitle shall
5 take effect on the date of enactment of this Act and shall
6 apply to payments under parts A and D of title IV of the
7 Social Security Act for calendar quarters beginning on or
8 after such date, and without regard to whether regulations
9 to implement the amendments (in the case of State pro-
10 grams operated under such part D) are promulgated by
11 such date.
12 (b) EXCEPTION FOR STATE PLANS REQUIRING
13 STATE LAW AMENDMENTS.—In the case of a State plan
14 under part A or D of title IV of the Social Security Act
15 which the Secretary determines requires State legislation
16 in order for the plan to meet the additional requirements
17 imposed by the amendments made by this subtitle, the ef-
18 fective date of the amendments imposing the additional
19 requirements shall be 3 months after the first day of the
20 first calendar quarter beginning after the close of the first
21 regular session of the State legislature that begins after
22 the date of the enactment of this Act. For purposes of
23 the preceding sentence, in the case of a State that has
24 a 2-year legislative session, each year of the session shall
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1 be considered to be a separate regular session of the State
2 legislature.
3 TITLE IV—CAPITAL AND SUP-
4 PORT FOR SMALL BUSI-
5 NESSES
6 Subtitle A—More Lending to Small
7 Businesses in Communities of
8 Color
9 SEC. 4101. COMMUNITY ADVANTAGE LOAN PROGRAM.
10 Section 7(a) of the Small Business Act (15 U.S.C.
11 636(a)) is amended by adding at the end the following:
12 ‘‘(37) COMMUNITY ADVANTAGE LOAN PRO-
13 GRAM.—
14 ‘‘(A) PURPOSES.—The purposes of the
15 Community Advantage Loan Program are—
16 ‘‘(i) to create a mission-oriented loan
17 guarantee program that builds on the dem-
18 onstrated success of the Community Ad-
19 vantage Pilot Program of the Administra-
20 tion, as established in 2011, to reach more
21 underserved small business concerns;
22 ‘‘(ii) to increase lending to small busi-
23 ness concerns in underserved and rural
24 markets, including veterans and members
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25 of the military community, and small busi-
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1 ness concerns owned and controlled by so-
2 cially and economically disadvantaged indi-
3 viduals (as defined in section 8(d)(3)(C)),
4 women, and startups;
5 ‘‘(iii) to ensure that the program
6 under this subsection (in this paragraph
7 referred to as the ‘7(a) loan program’) is
8 more inclusive and more broadly meets
9 congressional intent to reach borrowers
10 who are unable to get credit elsewhere on
11 reasonable terms and conditions;
12 ‘‘(iv) to help underserved small busi-
13 ness concerns become bankable by utilizing
14 the small-dollar financing and business
15 support experience of mission-oriented
16 lenders;
17 ‘‘(v) to allow certain mission-oriented
18 lenders, primarily nonprofit financial inter-
19 mediaries focused on economic develop-
20 ment in underserved markets, access to
21 guarantees for loans under this subsection
22 (in this paragraph referred to as ‘7(a)
23 loans’) of not more than $350,000 and
24 provide management and technical assist-
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25 ance to small business concerns as needed;
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1 ‘‘(vi) to provide certainty for the lend-
2 ing partners that make loans under this
3 subsection and to attract new lenders; and
4 ‘‘(vii) to encourage collaboration be-
5 tween mission-oriented and conventional
6 lenders under this subsection in order to
7 support underserved small business con-
8 cerns.
9 ‘‘(B) DEFINITIONS.—In this paragraph—
10 ‘‘(i) the term ‘covered institution’
11 means—
12 ‘‘(I) a development company, as
13 defined in section 103 of the Small
14 Business Investment Act of 1958 (15
15 U.S.C. 662), participating in the 504
16 Loan Guaranty program established
17 under title V of that Act (15 U.S.C.
18 695 et seq.);
19 ‘‘(II) a nonprofit intermediary, as
20 defined in subsection (m)(11), partici-
21 pating in the microloan program
22 under subsection (m);
23 ‘‘(III) a non-Federally regulated
24 entity certified as a community devel-
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25 opment financial institution by the
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1 Community Development Financial
2 Institutions Fund established under
3 section 104(a) of the Riegle Commu-
4 nity Development and Regulatory Im-
5 provement Act of 1994 (12 U.S.C.
6 4703(a)); and
7 ‘‘(IV) an eligible intermediary, as
8 defined in subsection (l)(1), partici-
9 pating in the Intermediary Lending
10 Program established under subsection
11 (l)(2);
12 ‘‘(ii) the term ‘new business’ means a
13 small business concern that has been exist-
14 ence for not more than 2 years;
15 ‘‘(iii) the term ‘program’ means the
16 Community Advantage Loan Program es-
17 tablished under subparagraph (C);
18 ‘‘(iv) the term ‘Reservist’ means a
19 member of a reserve component of the
20 Armed Forces named in section 10101 of
21 title 10, United States Code;
22 ‘‘(v) the term ‘rural area’ has the
23 meaning given the term in subsection
24 (m)(11);
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1 ‘‘(vi) the term ‘service-connected’ has
2 the meaning given the term in section 101
3 of title 38, United States Code;
4 ‘‘(vii) the term ‘small business con-
5 cern in an underserved market’ means a
6 small business concern—
7 ‘‘(I) that is located in—
8 ‘‘(aa) a low-income or mod-
9 erate-income community;
10 ‘‘(bb) a HUBZone, as de-
11 fined in section 31(b);
12 ‘‘(cc) a community that has
13 been designated as an empower-
14 ment zone or an enterprise com-
15 munity under section 1391 of the
16 Internal Revenue Code of 1986;
17 ‘‘(dd) a community that has
18 been designated as a promise
19 zone by the Secretary of Housing
20 and Urban Development;
21 ‘‘(ee) a community that has
22 been designated as a qualified
23 opportunity zone under section
24 1400Z–1 of the Internal Revenue
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25 Code of 1986; or
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1 ‘‘(ff) a rural area;
2 ‘‘(II) for which more than 50
3 percent of employees reside in a low-
4 or moderate-income community;
5 ‘‘(III) that is—
6 ‘‘(aa) a business that has
7 not yet opened or a new business;
8 or
9 ‘‘(bb) growing, newly estab-
10 lished, or a startup, as those
11 terms are used in subsection (m);
12 ‘‘(IV) owned and controlled by
13 socially and economically disadvan-
14 taged individuals, including Black
15 Americans, Hispanic Americans, Na-
16 tive Americans, Asian Pacific Ameri-
17 cans, and other minorities;
18 ‘‘(V) owned and controlled by
19 women;
20 ‘‘(VI) owned and controlled by
21 veterans;
22 ‘‘(VII) owned and controlled by
23 service-disabled veterans;
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1 ‘‘(VIII) not less than 51 percent
2 of which is owned and controlled by
3 one or more—
4 ‘‘(aa) members of the Armed
5 Forces participating in the Tran-
6 sition Assistance Program of the
7 Department of Defense;
8 ‘‘(bb) Reservists;
9 ‘‘(cc) spouses of veterans,
10 members of the Armed Forces, or
11 Reservists; or
12 ‘‘(dd) surviving spouses of
13 veterans who died on active duty
14 or as a result of a service-con-
15 nected disability;
16 ‘‘(IX) that is eligible to receive a
17 veterans advantage loan; or
18 ‘‘(X) owned and controlled by an
19 individual who has completed a term
20 of imprisonment in a Federal, State,
21 or local jail or prison; and
22 ‘‘(viii) the term ‘small business con-
23 cern owned and controlled by socially and
24 economically disadvantaged individuals’
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