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Congressional Research Service R46434.2 (HEROES Act, Division K—COVID-19 Housing, Economic Relief, and Oversight Act)

Summary

CRS report R46434, HEROES Act, Division K—COVID-19 Housing, Economic Relief, and Oversight Act, dated June 29, 2020. It notes that the House passed the HEROES Act (H.R. 6800) on May 15, 2020 by a vote of 208 to 199, a bill of Divisions A through T, after four enacted COVID-19 relief laws, including the CARES Act (P.L. 116-136) and P.L. 116-139. The report gives an overview of Division K, which has nine titles covering housing assistance, student loan forgiveness, medical equipment, credit reporting and debt collection, funding for Community Development Financial Institutions and oversight of COVID-19-related government loans to businesses. Among its provisions, Division K would authorize appropriations of $100 billion for short- and medium-term rental assistance for those who are homeless or at risk of homelessness.

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HEROES Act, Division K—COVID-19
Housing, Economic Relief, and Oversight Act

June 29, 2020




                              Congressional Research Service
                               https://crsreports.congress.gov
                                                      R46434
                            HEROES Act, Division K—COVID-19 Housing, Economic Relief and Oversight Act




Overview
Many economic effects of the Coronavirus Disease 2019 (COVID-19) pandemic intensified in
April and May 2020, including historically high levels of unemployment and related housing
affordability issues, consumption and spending reductions, and state and local government
financial strains. In an attempt to mitigate a range of issues stemming from COVID-19, the House
of Representatives on May 15, 2020, passed the HEROES Act (H.R. 6800), by a vote of 208 to
199. This wide-ranging bill, consisting of Divisions A through T, would provide a new round of
economic stimulus checks to individuals and tax credits to certain COVID-19-affected businesses
and employees; extend certain federal unemployment benefits; grant some student loan
forgiveness; provide rental and mortgage assistance; provide certain health care equipment; and
offer economic assistance to state and local governments, among other provisions. Prior to the
House’s passage of H.R. 6800, four other COVID-19-relief bills were enacted:
        The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-
         139) was signed into law on April 24, 2020.
        The Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-
         136) was signed into law on March 27, 2020.
        The Families First Coronavirus Response Act (P.L. 116-127) was signed into law
         on March 18, 2020.
        The Coronavirus Preparedness and Response Supplemental Appropriations Act,
         2020 (P.L. 116-123) was signed into law on March 6, 2020.
This report provides an overview of the HEROES Act’s Division K—the COVID-19 Housing,
Economic Relief, and Oversight Act—which includes provisions for housing assistance, student
loan forgiveness, the provision of medical equipment, credit reporting and debt collection, greater
funding for Community Development Financial Institutions, and increased oversight of COVID-
19-related government loans to businesses, among other measures. More specifically, Division K
consists of nine titles, which, among other changes, would
        provide personal protective equipment (PPE), diagnostic tests, and other medical
         equipment to the health care sector;
        authorize appropriations of $100 billion for short- and medium-term rental
         assistance and rent-related costs (such as utilities) for those who are homeless or
         at risk of homelessness;
        authorize appropriations of $75 billion toward preventing mortgage defaults,
         foreclosures, and displacement of households experiencing financial hardship;
        make changes to eviction moratorium and mortgage provisions in the CARES
         Act;
        authorize additional FY2020 appropriations of $309 million for rural rental
         assistance;
        authorize additional FY2020 appropriations of $2 billion for public housing
         funds and $3 billion for tenant-based rental assistance;
        authorize additional FY2020 appropriations of $1.465 billion for certain Housing
         and Urban Development (HUD) housing programs, including for the elderly,
         those with disabilities, and for low-income individuals, and another $100 million
         for housing services;



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        authorize appropriations of $11.5 billion to assist people who are homeless or at
         risk of homelessness as defined under the Emergency Solutions Grants (ESG)
         program;
        authorize appropriations of $1 billion for FY2020 for incremental emergency
         rental vouchers for families who are homeless or at risk of homelessness;
        make changes to creditor and debt collector practices when credit reporting and
         debt collecting;
        appropriate $45 billion for student loan forgiveness;
        make changes to debt collection practices and credit facilities for small
         businesses, minority-owned businesses, and nonprofits;
        authorize appropriations of $2 billion for the Community Development Financial
         Institutions (CDFI) Fund;
        authorize appropriations of $5 billion for Community Development Block Grants
         (CDBG);
        make changes to the Federal Reserve’s Municipal Liquidity Facility (MLF) debt
         terms; and
        add increased oversight provisions for funds appropriated in the CARES Act.
Table 1 provides a detailed section-by-section summary of Division K and lists CRS products
and experts for each section.




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                               Table 1. Division K of the HEROES Act (H.R. 6800)
                                  (COVID-19 Housing, Economic Relief, and Oversight Act)
                                                                                           Effective       CRS Experts/
  Provision                                   Description                                   Dates           Resources

Title 1—Providing Medical Equipment for First Responders and Essential Workers
Section 110101.    Determination on Emergency Supplies and Relationship to               Upon          Michael Cecire, Analyst
COVID-19           State and Local Efforts                                               enactment.    in Intergovernmental
Emergency          Subsection 110101(a) would designate COVID-19-relevant health                       Relations and
Medical Supplies   resources as “scarce and critical materials,” as defined in Section                 Economic
Enhancement        101 of the Defense Production Act (DPA) of 1950 (P.L. 81-774, 50                    Development Policy
                   U.S.C. §§4501 et seq.): diagnostic tests, personal protective                       Heidi Peters, Analyst in
                   equipment, medical ventilators, pharmaceuticals, and any other                      U.S. Defense
                   medical equipment or supplies as determined by the Health and                       Acquisition Policy
                   Human Services or Homeland Security Secretaries. The section
                   would also provide for the President to make use of DPA Title I
                   prioritization or allocation authorities—other than the previously                  For background on
                   defined health resources—on behalf of state and local governments                   DPA’s history and
                   and would provide timelines and reporting requirements for their                    authorities, see CRS
                   use.                                                                                Report R43767, The
                                                                                                       Defense Production Act
                                                                                                       of 1950: History,
                                                                                                       Authorities, and
                                                                                                       Considerations for
                                                                                                       Congress, by Michael H.
                                                                                                       Cecire and Heidi M.
                                                                                                       Peters.
                                                                                                       For information and
                                                                                                       analysis on the use of
                                                                                                       DPA authorities in
                                                                                                       response to the
                                                                                                       COVID-19 pandemic,
                                                                                                       see CRS Insight
                                                                                                       IN11387, COVID-19:
                                                                                                       Defense Production Act
                                                                                                       (DPA) Developments and
                                                                                                       Issues for Congress, by
                                                                                                       Michael H. Cecire and
                                                                                                       Heidi M. Peters; CRS
                                                                                                       Insight IN11337, The
                                                                                                       Defense Production Act
                                                                                                       (DPA) and the COVID-19
                                                                                                       Pandemic: Recent
                                                                                                       Developments and Policy
                                                                                                       Considerations, by
                                                                                                       Michael H. Cecire and
                                                                                                       Heidi M. Peters; CRS
                                                                                                       Insight IN11280,
                                                                                                       COVID-19: Industrial
                                                                                                       Mobilization and Defense
                                                                                                       Production Act (DPA)
                                                                                                       Implementation, by
                                                                                                       Michael H. Cecire and
                                                                                                       Heidi M. Peters; and
                                                                                                       CRS Insight IN11231,
                                                                                                       The Defense Production
                                                                                                       Act (DPA) and COVID-
                                                                                                       19: Key Authorities and
                                                                                                       Policy Considerations, by



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                                                                                          Effective           CRS Experts/
Provision                                 Description                                      Dates               Resources
                                                                                                          Michael H. Cecire and
                                                                                                          Heidi M. Peters.
              Engagement with the Private Sector                                       Upon
              Subsection 110101(b) would acknowledge and coordinate private-           enactment.
              sector interest in producing supplies in response to the COVID-19
              emergency through an “outreach representative.” The
              representative would act as the government-wide single point of
              contact during the pandemic for coordinating with private-sector
              actors to produce medical supplies and equipment, including
              encouraging partnerships consistent with the government COVID-
              19 response, and with the ability to make use of DPA Title VII
              authorities to convene industry and establish voluntary agreements
              to coordinate emergency efforts free of potential antitrust action.
              Enhancement of Supply Chain Protection                                   Upon
              Subsection 110101(c) would direct the President to ensure support        enactment.
              under DPA Title III authorities for expanding production capacity is
              provided to suppliers of “reagents, components, raw materials, and
              other materials” to produce the essential resources described in
              subsection (a).
              Oversight of Current Activity and Needs: Response to                     The report is
              Immediate Needs                                                          due seven days
              Subsection 110101(d)(1) would provide various reporting                  after enactment
              requirements for congressional oversight. Seven days after               and shall be
              enactment, the President is directed to submit a report to               updated every
              Congress assessing immediate needs to combat the pandemic,               14 days
              including (1) an assessment of needed medical supplies and               thereafter.
              equipment, personal protective equipment for healthcare and other
              essential workers, and quantities of equipment and supplies in the
              Strategic National Stockpile (SNS); (2) an identification of industry
              sectors and manufacturers “most ready” to fulfill needed supplies
              and equipment purchase orders under DPA Title III authorities,
              non-SNS government and private stockpiles of such equipment and
              supplies that could be made available, previously distributed critical
              supplies that could be redistributed based on current need, and
              critical areas of need in the United States; and (3) a description of
              relevant authorities.
              The report must also include a plan for meeting pandemic needs,
              including each government contract engaged to meet such needs;
              each contract the government intends to enter into within 14 days
              after the report’s submission; and whether any of those contracts
              will have a DPA Title I priority rating.
              The President is directed to update the report every 14 days and
              make the report (and its updates) available to the public, including
              on a government website.
              Oversight of Current Activity and Needs: Response to Longer-             The report is
              Term Needs                                                               due 14 days
              Subsection 110101(d)(2) would direct the President to submit a           after the act’s
              report containing an assessment of the longer-term needs no later        enactment and
              than 14 days after the act’s enactment. The report must evaluate         shall be updated
              attributes in the Section 110101(d)(1) assessment, including medical     every 14 days
              supplies and equipment needs in response to the pandemic;                thereafter.
              personal protective equipment needs for health and other essential
              workers; industry sectors and manufacturers “most ready” to fulfill




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                                                                                         Effective      CRS Experts/
Provision                                Description                                      Dates          Resources
              purchase orders for needed supplies and equipment under DPA
              Title III; and identify non-SNS government and private stockpiles
              potentially available for use. The report must also assess the needs
              related to COVID-19 vaccines and any additional services, such as
              contact tracing.
              The President is directed to update the report every 14 days after
              initial submission and make the report publicly available, including
              on a government website.
              Oversight of Current Activity and Needs: Report on Exercising           The report is
              Authorities Under the Defense Production Act of 1950                    due 14 days
              Subsection 110101(d)(3) would direct the President to submit a          after enactment
              report to Congress on exercising DPA authorities under Titles I, III,   and shall be
              and VII. The report, and its updates, shall include an explanation of   updated every
              the purpose of each DPA Title I action; the cost of each action; and,   14 days
              if applicable, the amount of goods purchased or allocated, the          thereafter.
              identities of awardees, and the identities of entities that had
              shipments delayed as a result of DPA actions.
              The President is directed to update the report every 14 days after
              initial submission and make the report publicly available, including
              on a government website.
              Oversight of Current Activity and Needs: Quarterly Reporting            A report is due
              Subsection 110101(d)(4) would direct the President to submit a          quarterly.
              publicly available (including on a government website) quarterly
              report to Congress detailing all expenditures made pursuant to
              DPA Titles I, III, and VII.
              Oversight of Current Activity and Needs: Sunset                         The later of
              Subsection 110101(d)(5) would terminate the requirements under          December 31,
              Section 110101(d) on the later of December 31, 2021, or the end         2021, or the
              of the COVID-19 emergency.                                              end of the
                                                                                      COVID-19
                                                                                      emergency.
              Enhancements to the Defense Production Act of 1950                      Upon
              Subsection 110101(e) would amend the DPA statute. This includes         enactment.
              the designation of a Health Emergency Authority, which provides
              the Health and Human Services (HHS) Secretary and the Federal
              Emergency Management Agency (FEMA) Administrator with the
              authority to carry out DPA authorities to the same extent as the
              President. The section would amend small business preferences in
              the DPA by adding preferences for businesses of any size owned by
              women, minorities, veterans, and the disabled, and special
              consideration for eligible preferred businesses located in areas of
              “high unemployment or areas that have demonstrated a continuing
              pattern of economic decline” identified by the Secretary of Labor.
              Section 110101(e) would also define the term minority for the
              purposes of the subsection, and it would expand the reporting
              obligations of the DPA Fund manager as laid out in Section 304(f) of
              the DPA to include information on Title III awards made to
              preferred classes. In addition, Section 110101(e) would expand the
              definition in the DPA statute of national defense to include “health
              emergency preparedness and response activities.”




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                                                                                                 Effective            CRS Experts/
  Provision                                    Description                                        Dates                Resources

Title I1—Protecting Renters And Homeowners From Evictions And Foreclosures
Section 110201.   Section 110201 would authorize appropriations of $100 billion to            Authorization of    Libby Perl, Specialist in
Emergency         be allocated to Housing and Urban Development’s (HUD’s)                     FY2020              Housing Policy
Rental            Emergency Solutions Grants (ESG) program for short- and medium-             appropriations
Assistance        term rental assistance and rent-related costs (such as utilities) for       effective upon
                  people who are homeless or at risk of homelessness as defined in            enactment.
                  the bill. Eligible renters would be those whose incomes, as
                  measured at the time of application, are at or below 80% of area
                  median income (AMI) and who are unable to attain or maintain                Funds for tribes
                  housing stability or unable to pay for rent or utilities due to financial   and territories
                  hardship. At least 40% of funds must assist renters at or below 30%         must be
                  of AMI and at least 70% must assist renters at or below 50% of              allocated within
                  AMI.                                                                        30 days of
                                                                                              enactment.
                  Tribes would receive 2% of funds according to the Native American           Within seven
                  Housing Assistance and Self Determination Act formula. Territories          days of
                  (the U.S. Virgin Islands, Guam, American Samoa, and the                     enactment, the
                  Commonwealth of the Northern Mariana Islands) would receive                 portion of funds
                  0.3% of funds. Of the remaining funds, half would be distributed to         subject to the
                  states, metropolitan cities, and urban counties using the statutory         ESG formula
                  ESG formula. Remaining funds would be distributed based on a                must be
                  HUD formula using factors including severe housing cost burdens             allocated to
                  among renters at or below 30% and 50% of AMI and disruptions in             states,
                  housing and economic conditions.                                            metropolitan
                  Division A, Title IX of H.R. 6800 would appropriate the authorized          cities, and urban
                  funding.                                                                    counties, with
                                                                                              the remaining
                                                                                              funds, subject to
                                                                                              a formula
                                                                                              developed by
                                                                                              the HUD
                                                                                              Secretary,
                                                                                              distributed
                                                                                              within 45 days.

                                                                                              Of the funds,
                                                                                              60% must be
                                                                                              expended
                                                                                              within two
                                                                                              years and the
                                                                                              remaining funds
                                                                                              within three
                                                                                              years.
Section 110202.   Section 110202 would authorize appropriations of $75 billion for a          Authorization of    Katie Jones, Analyst in
Homeowner         new Homeowner Assistance Fund at the Department of the                      FY2020              Housing Policy
Assistance Fund   Treasury. The program would provide funds to state housing                  appropriations
                  finance agencies (HFAs) to use to prevent mortgage defaults,                effective upon
                  foreclosures, and displacement of households experiencing financial         enactment.
                  hardship after January 21, 2020. Eligible activities would include, but
                  are not limited to, assistance with mortgage payments (e.g., to
                  reinstate a mortgage or make mortgage payments more affordable);            Treasury must
                  taxes, insurance, or homeowners’ association fees; and utility              announce state
                  payments. At least 60% of funds must be used for households with            allocations, and
                  incomes at or below 80% of AMI, as measured at the time of                  the method
                  application (or, in the case of assistance with past-due mortgage           used for
                  payments, at the time those payments were due). Treasury must               determining




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                                                                                              Effective            CRS Experts/
  Provision                                   Description                                      Dates                Resources
                  approve state plans for using the funds and would be subject to          such allocations,
                  reporting requirements on the uses of funds.                             by the end of
                  Treasury would establish criteria for allocating funds to states,        the 14-day
                  taking into account the state’s relative number of unemployment          period that
                  claims. States would be eligible for a minimum allocation of $250        begins on the
                  million. Tribes would receive 5% of funds, to be allocated according     date of
                  to the Native American Housing Assistance and Self Determination         enactment.
                  Act (24 C.F.R. Part 1000, Subpart D) formula; of that amount, 0.3%
                  would be provided to the Department of Hawaiian Home Lands.              State HFA plans
                  Territories (the U.S. Virgin Islands, Guam, American Samoa, and the      must provide
                  Commonwealth of the Northern Mariana Islands) would receive a            for states
                  set-aside of $200 million, to be distributed among the territories       beginning to
                  based on relative population. Treasury could allocate up to 5% of        receive and fund
                  funds for administration, oversight, and technical assistance, and for   homeowner
                  the Treasury Department Inspector General to provide program             applications by
                  oversight.                                                               the end of the
                  Division A, Title III of H.R. 6800 would appropriate the authorized      6-month period
                  funding.                                                                 beginning on the
                                                                                           date Treasury
                                                                                           approves the
                                                                                           state’s plan.
                                                                                           Treasury would
                                                                                           have 30 days
                                                                                           after a state
                                                                                           submits a plan
                                                                                           to approve or
                                                                                           disapprove it.
Section 110203.   Section 110203 would make several changes to eviction
Protecting        moratorium and mortgage provisions in the CARES Act, and it
Renters and       would include certain other mortgage-related provisions.
Homeowners        Changes to CARES Act Temporary Eviction Moratorium                       The temporary       Maggie McCarty,
from Evictions                                                                             eviction            Specialist in Housing
and               Section 4024 of the CARES Act (15 U.S.C. §9058) prohibits
                  evictions of certain tenants for nonpayment of rent or other fees or     moratorium          Policy
Foreclosures                                                                               would apply for
                  charges for 120 days beginning on March 27, 2020. It also prohibits                          David Carpenter,
                  the charging of fees, penalties, or other charges related to the         twelve months       Legislative Attorney
                  nonpayment of rent during the same period. Additionally, it              from the date of
                  requires a 30-day notice prior to requiring a tenant to vacate the       enactment of
                  property after the eviction moratorium expires. These CARES Act          the CARES Act       CRS Insight IN11320,
                  prohibitions apply to tenants of properties with federal assistance      (March 27,          CARES Act Eviction
                  or federally backed mortgage loans.                                      2020).              Moratorium, by Maggie
                                                                                                               McCarty and David H.
                  Section 110203(a) of H.R. 6800 would broaden the CARES Act                                   Carpenter
                  eviction moratorium to temporarily prohibit eviction of tenants for
                  nonpayment of rent or other fees or charges in all residential rental
                  properties and would extend the moratorium to last for 12 months
                  beginning on March 27, 2020. Like the CARES Act, Section 110203
                  would require a 30-day notice prior to requiring the tenant to
                  vacate the property after expiration of the eviction moratorium,
                  but unlike the CARES Act, the provision would only apply to
                  notices to vacate for nonpayment of rent or other charges. Section
                  110203 would not include the CARES Act prohibition on the
                  assessment of fees, penalties, or other charges related to the
                  nonpayment of rent during the moratorium.




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          Changes to CARES Act Single-Family Mortgage Provisions                  Borrowers          Katie Jones, Analyst in
          Section 4022 of the CARES Act (15 U.S.C. §9056) allows                  could request      Housing Policy
          borrowers with federally backed single-family mortgage loans who        forbearance        Andrew Scott, Analyst
          are experiencing COVID-19-related financial hardships to request        during the         in Financial Economics
          and receive up to 180 days of forbearance (with an extension of up      covered period,
          to an additional 180 days). It also suspends foreclosure actions on     which ends 12
          federally backed single-family mortgages for 60 days beginning on       months from        CRS Insight IN11334,
          March 18, 2020, other than for vacant or abandoned properties.          the date of        Mortgage Provisions in
                                                                                  enactment of       the Coronavirus Aid,
                                                                                  the CARES Act      Relief, and Economic
          Section 110203(b)(1)-(b)(6) would amend Section 4022 of the             (March 27,         Security (CARES) Act, by
          CARES Act to                                                            2020).             Katie Jones and
              expand the forbearance protections beyond federally backed                            Andrew P. Scott
               mortgages to most mortgage loans;
              provide for an automatic 60-day forbearance for borrowers          The prohibition
               who became 60 days delinquent between March 13, 2020, and          on foreclosure
               the enactment of the HEROES Act, and for those who become          actions and
               60 days delinquent between the date of enactment of the            repossessions
               HEROES Act and the end of the covered period (12 months            would last for
               from the date of enactment of the CARES Act). Such                 six months from
               borrowers could request and receive up to an additional 120        the date of
               days of forbearance and an extension of up to 180 days, for a      enactment of
               maximum of 360 days;                                               the HEROES
              make changes to the existing forbearance requirements,             Act.
               including specifying that, for borrowers who have not received
               automatic forbearance, a borrower’s request for forbearance
               can be made orally or in writing; that the borrower’s COVID
               19-related financial hardship must be preventing the borrower      Requirements
               from making timely mortgage payments; that the servicer shall      for servicers to
               grant the forbearance for the period the borrower requests,        provide certain
               up to an initial length of 180 days; and that the borrower can     information on
               request extensions for a total forbearance period of up to 12      the availability
               months;                                                            of forbearance
                                                                                  on their
              specify that servicers can grant an initial forbearance term of
                                                                                  websites and in
               no less than 90 days, provided that it is automatically extended
                                                                                  oral
               by 90 days unless the servicer confirms that the borrower no
                                                                                  communications
               longer wants to receive forbearance or is no longer
                                                                                  involving
               experiencing a COVID-19-related financial hardship that
                                                                                  delinquent
               prevents the borrower from making mortgage payments;
                                                                                  borrowers
              provide a six-month extension of certain deadlines related to      would begin 90
               foreclosure on FHA-insured reverse mortgage loans that             days after
               become due and payable or enter default during the covered         enactment and
               period and provide for automatic forbearance and a                 last through the
               prohibition on initiating foreclosure during that period. The      end of the
               forbearance could be extended for an additional 180 days at        covered period.
               the request of the borrower, non-borrowing spouse, or
               successor-in-interest experiencing a financial hardship due to
               COVID-19;
              suspend foreclosure actions on most mortgages and
               repossession of personal property used as a dwelling, for six
               months;
              add additional servicer requirements related to notices, loss
               mitigation procedures, and certain post-forbearance
               repayment options. For example, servicers would be required
               to provide information on their websites related to the
               availability of forbearance and notify delinquent borrowers that
               they may be eligible to request forbearance during any oral
               communication with or to the borrower. They would also be



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                                                                                        Effective           CRS Experts/
Provision                                Description                                     Dates               Resources
                   subject to additional notice requirements, including providing
                   borrowers notices related to forbearance terms and additional
                   forbearance and loss mitigation options within certain time
                   frames, and offering borrowers in forbearance certain
                   repayment options no later than 30 days before the end of a
                   forbearance period;
                  provide for certain loss mitigation procedures for FHA-insured
                   reverse mortgage loans and make certain statutory changes to
                   the loss mitigation options available for certain USDA rural
                   housing mortgages.
              Changes to CARES Act Multifamily Forbearance                           Multifamily
              Provisions                                                             mortgage
              Section 4023 of the CARES Act (15 U.S.C. §9057) allows                 borrowers
              borrowers with federally backed multifamily mortgage loans who         would be able
              are experiencing COVID-19-related financial hardships to request       to receive
              and receive forbearance for up to 30 days (with up to two              forbearance that
              additional 30-day extensions). Multifamily borrowers who receive       could last up to
              forbearance may not pursue evictions solely for nonpayment of rent     the end of the
              or other fees, nor charge late fees or other charges related to late   12-month
              rent payments, during the forbearance.                                 period beginning
                                                                                     on the date of
              Section 110203(b)(7) of H.R. 6800 would amend Section 4023 of          enactment of
              the CARES Act to extend multifamily forbearance provisions to all      the CARES Act.
              multifamily mortgages and lengthen the allowable period of
              forbearance to up to the end of the 12-month period from the date
              of enactment of CARES Act (aligning it with the period covered by
              the eviction moratorium). It would also establish certain
              requirements for servicers following forbearance, including that
              borrowers be given 12 months following the end of the forbearance
              period to repay the past due amounts.
              Expansion of CARES Act Renter Protections During
              Mortgage Forbearance
              Section 110203(b)(8) would provide that both single-family and
              multifamily borrowers who receive forbearance pursuant to Section
              4022 or 4023 of the CARES Act must abide by certain renter
              protections during the forbearance period. Borrowers who receive
              forbearance would be prohibited from evicting or initiating the
              eviction of a tenant solely for nonpayment of rent or other fees or
              charges, or charging any late fees, penalties, or other charges for
              late rent payments, during the forbearance. (Currently, Section
              4023 of the CARES Act includes similar provisions related to
              multifamily mortgage forbearance, but such provisions are not
              included in Section 4022 related to single-family forbearance.)
              Extension of QM Patch                                                  The QM patch       Darryl Getter,
              Section 110203(b)(9) would extend the sunset date of the “QM           extension          Specialist in Financial
              Patch” from mortgages consummated on or before January 10,             would apply to     Economics
              2021, to mortgages consummated before June 1, 2022. The QM             transactions       CRS In Focus IF11413,
              Patch provides that mortgages backed by Fannie Mae and Freddie         consummated        The Qualified Mortgage
              Mac can be considered “qualified mortgages” under the Consumer         prior to June 1,   (QM) Rule and the QM
              Financial Protection Bureau’s Ability to Repay rule.                   2022.              Patch, by Darryl E.
                                                                                                        Getter




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                                                                                              Effective           CRS Experts/
  Provision                                   Description                                      Dates               Resources

                  Safe Harbor
                  Section 110203(b)(10) would establish a safe harbor for mortgage
                  servicers and other entities, providing that they shall not be deemed
                  to have violated any duties or contractual obligations if they engage
                  in single-family or multifamily mortgage forbearance during the
                  covered period in accordance with Sections 4022 and 4023 of the
                  CARES Act, or engage in post-forbearance loss mitigation in
                  accordance with those sections (including after the covered period),
                  in good faith.
                  Bankruptcya                                                              Section            Kevin Lewis, Legislative
                  Section 110203(c) would amend the Bankruptcy Codeb to                    110203(c)’s        Attorney
                                                                                           temporary
                      exclude certain federal coronavirus relief payments from the        provisions
                       property of a debtor’s estate;c                                     would apply to
                      prohibit mortgage creditors and services from refusing to           Chapter 13
                       provide “forbearance, assistance, or loan modification relief” to   cases filed
                       persons because they have filed a bankruptcy petition or            within three
                       received a discharge under the Bankruptcy Code;                     years of the
                      increase the federal homestead exemption available to               HEROES Act’s
                       individual debtors;d                                                enactment, as
                                                                                           well as Chapter
                      allow certain debtors to claim the increased homestead              13 cases
                       exemption described above even if they live in a state that         pending on the
                       provides a less favorable homestead exemption;e                     date of the
                      forbid bankruptcy courts from denying a dischargef to a             HEROES Act’s
                       Chapter 13g debtor on the sole ground that the debtor has           enactment, so
                       failed to make six or fewer payments on a debt secured by real      long as the
                       property;                                                           bankruptcy
                      allow a bankruptcy court to grant a Chapter 13 debtor a             court did not
                       discharge earlier than applicable law might otherwise allow if      confirm a
                       the debtor:                                                         Chapter 13 plan
                                                                                           in the case
                           has made payments under a confirmed Chapter 13 planh           before March
                            for at least a year and                                        27, 2020.
                           has experienced material hardship because of the
                            COVID-19 pandemic;
                      expand the universe of debtors who are eligible to file for
                       bankruptcy under Chapter 13 of the Bankruptcy Code by
                       raising statutory caps on the amount of debt a debtor may
                       owe before he or she becomes ineligible for Chapter 13 relief;
                       and
                      temporarily grant Chapter 13 debtors experiencing material
                       hardships because of the COVID-19 pandemic an extended
                       period of time to cure certain defaults.
Section 110204.   Section 110204 would require the Treasury Secretary to provide           CARES Act          Darryl E. Getter,
Liquidity for     covered mortgage loan servicers (as defined under Sections 4022          funding is only    Specialist in Financial
Mortgage          and 4023 of the CARES Act) with the opportunity to participate in        available to       Economics
Servicers and     COVID-relief programs backed by Title IV of the CARES Act funds.         create new
Residential       These programs take two forms—Treasury loans and loan                    loan, loan
                  guarantee programs and Federal Reserve emergency liquidity               guarantees, or     CRS Insight IN11404,
Rental Property                                                                                               HEROES Act (H.R.
Owners            programs. However, these loans and loan guarantees were made             Federal Reserve
                  available only to the passenger air industry, commercial air industry,   liquidity          6800): Selected Federal
                  and industries critical to national security.                            programs until     Reserve Provisions, by
                                                                                           the end of 2020.   Marc Labonte
                  Mortgage servicers that receive Treasury financial support must
                  abide by various stipulations limiting the funds’ usage. For example,



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                                                                                              Effective           CRS Experts/
  Provision                                   Description                                      Dates               Resources
                  any funds received from Treasury must be used for borrower                                  CRS Report R46329,
                  assistance, such as advancing funds as a result of granting                                 Treasury and Federal
                  forbearance, or other loss mitigation relief to borrowers. The funds                        Reserve Financial
                  may not be used to pay dividends to common stock shareholders,                              Assistance in Title IV of
                  initiate buybacks, or repurchase their own shares. Mortgage                                 the CARES Act (P.L. 116-
                  servicers may not prepay; that is, repay any debt obligation to                             136), coordinated by
                  Treasury ahead of schedule. In addition, mortgage servicers must be                         Andrew P. Scott
                  able to demonstrate that they are following policies and procedures
                  that result in forbearance and post-forbearance assistance being
                  made available to all borrowers in a nondiscriminatory fashion.
                  Participating servicers would also be subject to the terms and
                  conditions of Title IV of the CARES Act.
                  The Federal Reserve would be required to establish a temporary
                  credit facility under Title IV of the CARES Act for residential
                  property owners that have documented financial losses as a result
                  of rent reductions. The credit facility would provide long-term, low-
                  cost loans with deferred payments for six months following the
                  enactment of H.R. 6800. For the duration of these loans, the
                  borrowers would not be allowed to evict or initiate the eviction of
                  a tenant solely for nonpayment of rent, fees, or other charges;
                  charge any late rent payment fees; or discriminate on the basis of
                  source of income. The Federal Reserve would also be required to
                  issue a report to Congress summarizing various program-related
                  metrics, such as the total number of borrowers that received
                  assistance, the average loan amount, the number of rental units
                  owned by each borrower, and the average rent charged by each
                  borrower. Furthermore, the Federal Reserve should identify any
                  person or entity that owns or holds a controlling interest in more
                  than 100 rental units located within a single Metropolitan Statistical
                  Area, more than 1,000 rental units nationwide, or rental units in
                  three or more states.
Section 110205.   Section 110205 would authorize additional appropriations of $309         Authorization of   Maggie McCarty,
Rural Rental      million for FY2020 for rural rental assistance (administered by the      FY2020             Specialist in Housing
Assistance        Department of Agriculture [USDA]); of which up to $25 million is         appropriations     Policy
                  for additional rural housing vouchers (under the Section 542             effective upon
                  program) and the remainder is for rental assistance agreements           enactment.
                  between USDA and private owners (under the Section 521
                  program) both to cover anticipated increased costs and to assist
                  additional eligible households.
                  Division A, Title I of H.R. 6800 would appropriate the authorized
                  funding.
Section 110206.   Section 110206 would authorize additional appropriations of $2           Authorization of   Maggie McCarty,
Funding for       billion for FY2020 for the public housing operating fund and $3          FY2020             Specialist in Housing
Public Housing    billion for the tenant-based rental assistance account, which,           appropriations     Policy
and Tenant-       respectively, fund the public housing program and Housing Choice         effective upon
Based Rental      Voucher program. The funds are to be subject to any waivers or           enactment.
Assistance        alternate requirements applicable to the funding provided under the
                  CARES Act.
                  Division A, Title IX of H.R. 6800 would appropriate the authorized
                  funding.




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  Provision                                   Description                                     Dates               Resources

Section 110207.    Section 110207 would authorize a total of $1.465 billion in            Authorization of   Libby Perl, Specialist in
Supplemental       appropriations for additional assistance for certain HUD housing       FY2020             Housing Policy
Funding for        programs. Of the total, $500 million would be authorized for the       appropriations
Supportive         Section 202 Supportive Housing for the Elderly program—$200            effective upon
Housing for the    million would pay for rental assistance and the remaining $300         enactment.
Elderly,           million would fund one-year Service Coordinator grants. The
Supportive         Service Coordinator grants would be available for Section 811
Housing for        Supportive Housing for Persons with Disabilities housing
Persons with       developments as well as Section 202 housing, for the purposes of
Disabilities,      responding to COVID-19. The bill would further authorize
Supportive         appropriations of $200 million for Section 811, $15 million for
Housing for        Housing Opportunities for Persons with AIDS (HOPWA), and $750
Persons with       million for Section 8 project-based rental assistance.
AIDS, and          Division A, Title IX of H.R. 6800 would appropriate the authorized
Project-Based      funding.
Section 8 Rental
Assistance
Section 110208.    Section 110208 would authorize appropriations of $4 million for        Authorization of   Libby Perl, Specialist in
Fair Housing       the Fair Housing Initiatives Program (FHIP) for existing grantees to   FY2020             Housing Policy
                   engage in fair housing activities and to meet their technological      appropriations
                   needs in responding to COVID-19. An additional $10 million would       effective upon
                   be authorized for FHIP Education and Outreach grants to educate        enactment.
                   the public about their housing rights during the COVID-19              The $4 million
                   emergency period.                                                      in FHIP funding
                   Division A, Title IX of H.R. 6800 would appropriate the authorized     would remain
                   funding.                                                               available for
                                                                                          three years
                                                                                          from allocation.
Section 110209.    Section 110209 would authorize additional appropriations for           Authorization of   Katie Jones, Analyst in
Funding for        FY2020 of $100 million for the Neighborhood Reinvestment               FY2020             Housing Policy
Housing            Corporation (NeighborWorks America) to be used specifically for        appropriations
Counseling         housing counseling activities. NeighborWorks would provide grants      effective upon
Services           to HUD-approved housing counseling intermediaries, state housing       enactment.
                   finance agencies, or (up to 15% of total funds) to NeighborWorks
                   organizations. At least 40% of funds must be provided to counseling
                   organizations that target services to minority and low-income          NeighborWorks
                   individuals or households or provide services in neighborhoods         would be
                   with high concentrations of such individuals or households.            directed to
                                                                                          disburse any
                   At NeighborWorks’s discretion, funds could be used for direct          appropriated
                   housing counseling services, including counseling for homeowners,      funds “as
                   renters, and those who are homeless or at risk of homelessness;        expeditiously as
                   public education and outreach; equipment and technology, including     possible.”
                   technology upgrades needed to ensure timely counseling services;
                   training, including delivery of remote counseling and enhanced
                   network security; and administration and oversight.




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                                                                                             Effective           CRS Experts/
  Provision                                   Description                                     Dates               Resources

Title II1—Protecting People Experiencing Homelessness
Section 110301.   Section 110301 would authorize appropriations of $11.5 billion for      Authorization of   Libby Perl, Specialist in
Homeless          the Emergency Solutions Grants (ESG) program to assist people           FY2020             Housing Policy
Assistance        who are homeless or at risk of homelessness, as defined in the ESG      appropriations
Funding           statute. Funds could be used for emergency shelter, short- and          effective upon
                  medium-term rental assistance, homelessness prevention activities,      enactment.
                  and supportive services. The bill would also authorize the use of
                  funds for training staff on disease prevention and mitigation and for
                  hazard pay. The bill would waive environmental and habitability         The initial
                  review standards for needed emergency shelters to prevent the           allocation of
                  spread of COVID-19 and would waive matching requirements.               assistance is to
                                                                                          be made within
                  Of the total funding, $4 billion would be distributed to territories,   30 days of
                  states, metropolitan cities, and urban counties using the ESG           enactment.
                  formula. The remaining funds would be distributed according to a
                  formula developed by the Secretary taking into account risk of
                  COVID-19 transmission, the rate of sheltered and unsheltered
                  homelessness, and economic and housing market conditions.
                  Section 110301 would also require HUD to distribute FY2020
                  Continuum of Care program funding (appropriated as part of P.L.
                  116-94) based on the FY2019 competition for funds.
Section 110302.   Section 110302 would authorize additional appropriations for            Authorization of   Maggie McCarty,
Emergency         FY2020 of $1 billion for new incremental emergency rental               FY2020             Specialist in Housing
Rental            vouchers for families who are homeless, at risk of homelessness, or     appropriations     Policy
Assistance        fleeing or attempting to flee domestic violence, dating violence,       effective upon
Voucher           sexual assault, or stalking.                                            enactment.
Program
                                                                                          HUD is to
                                                                                          allocate 50% of
                                                                                          funds not later
                                                                                          than 60 days
                                                                                          from
                                                                                          enactment.
Title IV—Suspending Negative Credit Reporting and Strengthening Consumer and Investor Protections
Section 110401.   Section 110401 would create a moratorium on furnishing adverse          Begins on the      Cheryl Cooper,
Reporting of      information to the credit bureaus during the COVID-19 emergency         date when the      Analyst in Financial
Information       period and other major natural disasters in the future. Consumers       President          Economics
during Major      could request to delete adverse information during the covered          declares a major   CRS Report R44125,
Disasters         period and for 270 days afterwards if economic hardship is              disaster under     Consumer Credit
                  reported. Moreover, medical debt related to COVID-19 treatments         401 or 501 of      Reporting, Credit
                  or another major disaster would not be furnished or included in         the Robert T.      Bureaus, Credit Scoring,
                  credit report. New credit scoring models could not be                   Stafford           and Related Policy Issues,
                  implemented during a major natural disaster period if it would          Disaster Relief    by Cheryl R. Cooper
                  identify a significant percentage of consumers as being less            and Emergency      and Darryl E. Getter
                  creditworthy than the previous model.                                   Assistance Act
                                                                                          (42 U.S.C.
                                                                                          §5174). For the
                                                                                          COVID-19
                                                                                          pandemic, this
                                                                                          date is March
                                                                                          13, 2020. Ends
                                                                                          120 days after
                                                                                          the major
                                                                                          disaster is
                                                                                          declared over



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                                                                                                   Effective        CRS Experts/
  Provision                                    Description                                          Dates            Resources
                                                                                             (or for the
                                                                                             COVID-19
                                                                                             pandemic, 120
                                                                                             days after this
                                                                                             section is
                                                                                             enacted,
                                                                                             whichever is
                                                                                             later).
Section 110402.   Section 110402 would ban creditors and debt collectors from                Begins on date     Cheryl Cooper,
Restrictions on   collecting on a debt (e.g., garnishment or seizing bank account            of enactment;      Analyst in Financial
Collections of    assets), enforcing a security interest (e.g., repossession or              ends 120 days      Economics
Consumer Debt     foreclosure), or threatening to take an action on a debt during the        after the major    CRS Report R46356,
During a          COVID-19 pandemic and for 120 days afterwards. Section 110402              disaster           COVID 19: Consumer
National          would also ban creditors or debt collectors from charging additional       declared by the    Loan Forbearance and
Disaster or       fees and interest to debts past due during this period.                    President on       Other Relief Options,
Emergency         (This section excludes mortgages covered under the CARES Act,              March 13, 2020,    coordinated by Cheryl
                  addressed in Title II of this Division of the Act.)                        ends.              R. Cooper
Section 110403.   Section 110403 would define appropriate repayment periods for              n/a                Cheryl Cooper,
Repayment         different types of past due debt, after the Section 110402 period                             Analyst in Financial
Period and        ends. For example, for debt with defined terms (such as a mortgage                            Economics
Forbearance for   or auto loan), the term of the loan would be extended by at least as                          CRS Report R46356,
Consumers         many periods as the consumer missed payments, so the payment                                  COVID 19: Consumer
                  amount remains the same for consumers. After the missed payment                               Loan Forbearance and
                  period, the terms of open ended debts (such as credit card debt)                              Other Relief Options,
                  would be paid according to similar contract rules as before the                               coordinated by Cheryl
                  COVID-19 pandemic. Generally, for other types of debt (that do                                R. Cooper
                  not have set terms), the larger the debt, the more time consumers
                  would be allowed to pay it off.
                  Private-sector creditors and debt collectors could use the credit
                  facility established in Section 110404 if they automatically grant loan
                  forbearance to consumers who are experiencing financial hardship
                  and request it during the COVID-19 pandemic and 120 days
                  afterwards.
                  (This section excludes mortgages covered under the CARES Act,
                  addressed in Title II of this Division of the Act.)
Section 110404.   Section 110404 would require the Federal Reserve to create a               New facilities     Marc Labonte,
Credit Facility   facility backed by CARES Act funds that provides long-term, low-           backed by          Specialist in
                  cost loans to creditors and debt collectors who have losses caused         CARES Act          Macroeconomic Policy
                  by offering loan forbearance to consumers and participate in the           funds are          CRS Insight IN11404,
                  forbearance program established in Section 110403. Payments on             authorized until   HEROES Act (H.R.
                  these loans would be deferred until borrowers resume repayment,            December 31,       6800): Selected Federal
                  as required by the bill. Eligibility includes private creditors and debt   2020.              Reserve Provisions, by
                  collectors of most types of consumer debt (except federally-backed                            Marc Labonte
                  mortgages.)
                                                                                                                CRS Report R44185,
                                                                                                                Federal Reserve:
                                                                                                                Emergency Lending, by
                                                                                                                Marc Labonte




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                                                                                               Effective         CRS Experts/
  Provision                                   Description                                       Dates             Resources

Title V—Forgiving Student Loan Debt and Protecting Student Borrowers
Section 110501.   Section 110501 would direct the Secretary of the Treasury to make         Enactment        Kyle D. Shohfi, Analyst
Payments for      monthly payments on private education loans on behalf of                  through          in Education Policy
Private           economically distressed borrowers through September 30, 2021.             September 30,
Education Loan    Aggregate payments would be capped at $10,000 per borrower.               2021.
Borrowers as a    Private education loan borrowers would qualify as economically
Result of the     distressed if their loan were in default; if their loan payment were at
COVID-19          least 90 days past due; if the loan were in forbearance or deferment
National          based on financial hardship or other conditions; or if the borrower
Emergency         would qualify for a monthly payment of $0 under an income-
                  contingent or income-based repayment plan if the loan were a
                  federal student loan rather than a private one. A private education
                  loan would be defined as a loan provided by a private lender for
                  postsecondary education expenses that is not made, insured, or
                  guaranteed under Title IV of the Higher Education Act of 1965 (P.L.
                  89-329).
                  This section would require the Secretary to ensure that any loan
                  payments that the Secretary makes on behalf of borrowers would
                  be reported to consumer credit reporting agencies as if the
                  borrowers made the payments. It would require loan servicers to
                  grant mandatory forbearance to borrowers of any loan for which
                  the Secretary makes payments, and such forbearance would be
                  made retroactive for loans that were in delinquent, but not in
                  default, status prior to the commencement of the Secretary’s
                  payments.
                  This section would also prohibit any involuntary collections actions
                  or adverse reporting to consumer credit reporting agencies
                  concerning private education loans of economically distressed
                  borrowers through September 30, 2021. Within 15 days of
                  enactment and monthly thereafter through September 30, 2021, the
                  Secretary would be required to inform economically distressed
                  borrowers of the temporary benefits provided under Section
                  110501 and provide an easily accessible method for borrowers to
                  opt out. Holders of eligible loans would not be permitted to opt
                  out.
                  Section 110501(b) would appropriate $45 billion to carry out
                  Sections 110501 and 110502 and the amendments they would
                  make.
Section 110502.   Section 110502 would require any private education loan holder            Loan relief      Kyle D. Shohfi, Analyst
Additional        that receives Treasury loan payments under Section 110501 to              program must     in Education Policy
Protections for   modify its private loan contracts to offer economically distressed        be carried out
Private Student   private education loan borrowers the same repayment plan and              within 90 days
Loan Borrowers    loan forgiveness options available to federal direct loan borrowers       of September
                  under 34 C.F.R. §685.209(c) for the remaining life of the loans.          30, 2021.
                  After September 30, 2021, economically distressed borrowers
                  whose private education loan payments were made by the
                  Secretary under Section 110501 would receive loan relief equal to
                  either the amount of their outstanding private education loan
                  balance or $10,000 minus the aggregate amount of payments made
                  on their behalf by the Secretary, whichever is less. This section
                  would allow borrowers to select the private education loan to
                  which this amount of relief would be applied, and the bill would
                  prohibit creditors and debt collectors from pressuring borrowers
                  regarding this selection. If a borrower did not make a selection, the




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                                                                                             Effective           CRS Experts/
  Provision                                  Description                                      Dates               Resources
                  amount would be automatically applied to the borrower’s private
                  education loan with the highest interest rate.
Title VI—Standing Up For Small Businesses, Minority-Owned Businesses, and Non-Profits
Section 110601.   Section 110601 would prohibit creditors and debt collectors,            Begins on date     Raj Gnanarajah, Analyst
Restrictions on   including federal and state governments, from collecting on a debt      of enactment;      in Financial Economics.
Collections of    from small business or nonprofits during the COVID-19 pandemic          ends 120 days
Small Business    and for 120 days afterwards. Some of the prohibited activities          after the major
and Nonprofit     include repossession, foreclosing, or eviction from real and personal   disaster
Debt During a     property, garnishment of payments, seizing bank account assets,         declared by the
National          disconnecting or terminating service from a utility, enforcing prior    President on
Disaster or       arbitration agreements or waivers on a debt. This section also          March 13, 2020,
Emergency.        would prohibit creditors or debt collectors from charging additional    ends.
                  fees and interest to debts past due during this period.
                  (This section excludes mortgages covered under the CARES Act,
                  addressed in Title II of this Division of the Act.)
Section 110602.   Debt collectors—as defined under Section 110601 to include              The covered        Darryl E. Getter,
Repayment         creditors—that would participate in a credit facility established by    period refers to   Specialist in Financial
Period and        the Board of Governors of the Federal Reserve System under              the period         Economics
Forbearance for   Section 110603 must establish forbearance programs that extend          beginning on the
Small Business    various consumer credit protections to small businesses and             date on which
and Nonprofit     nonprofits. Participating debt collectors must automatically grant      the HHS
Organizations     forbearance to small businesses and nonprofit organizations             Secretary
                  experiencing a financial hardship due, directly or indirectly, to       declared a
                  COVID-19 until the end of the covered period defined under              public health
                  Section 110601. Debt collectors should not impose fees, penalties,      emergency with
                  or interest in connection with the forbearance.                         respect to
                  Following the expiration of the covered period, a debt collector (as    COVID-19 and
                  defined in Section 110601) shall extend the time to repay past-due      ending on the
                  loans by one payment period for each missed payment plus an             date that is 60
                  additional payment period. The payments should be the same              days after the
                  amount and due in the same intervals as the pre-existing payment        date on which
                  schedule. Higher interest rates, fees, and finance charges should not   that public
                  be applied to past-due credit card debt obligations. In addition to     health
                  loans with more traditional features, forbearance should also be        emergency
                  extend for loans with features that may not already be covered by       terminates.
                  various statutes. Generally speaking, small businesses or nonprofit
                  organizations with past-due balances of $2,000 or less may have at
                  least 12 months to repay; past-due balances of $2,001-$5,000 may
                  have at least 24 months to repay; and past-due balances of $5,001
                  or greater may have at least 36 months to repay. Debt collectors
                  have the option to extend these repayment periods. The Director
                  of the Bureau of Consumer Financial Protection (CFPB) has the
                  authority to extend forbearance periods for debts covered under
                  this section.
                  Section 110602 would not preempt state law in cases where
                  existing state law would offer greater protections for small
                  businesses and nonprofit organizations.
Section 110603.   Section 110603 would require the Federal Reserve to create a            New facilities     Marc Labonte,
Credit Facility   facility backed by CARES Act funds that would provide long-term,        backed by          Specialist in
                  low-cost loans to creditors and debt collectors that incur losses       CARES Act          Macroeconomic Policy
                  due to loan forbearance to small businesses and nonprofits (as          funds are          CRS Insight IN11404,
                  defined by the bill) and participate in the forbearance program         authorized until   HEROES Act (H.R.
                  established in Section 110602. Payments on these loans would be         December 31,       6800): Selected Federal
                  deferred until borrowers resume repayment, as required by the bill.     2020.




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                                                                                                     Effective       CRS Experts/
  Provision                                     Description                                           Dates           Resources
                                                                                                                 Reserve Provisions, by
                                                                                                                 Marc Labonte
                                                                                                                 CRS Report R44185,
                                                                                                                 Federal Reserve:
                                                                                                                 Emergency Lending, by
                                                                                                                 Marc Labonte
Section 110604.    On April 9, the Federal Reserve announced the Main Street Lending           Changes must      Marc Labonte,
Credit Facility    Program (MSLP) to help businesses facing COVID-19 disruptions to            be made within    Specialist in
                   make payroll. The MSLP purchases loans from depository                      5 days of         Macroeconomic Policy
                   institutions to businesses with up to 15,000 employees or up to $5          enactment.        CRS Insight IN11404,
                   billion in revenues. Principal repayments are deferred for two years                          HEROES Act (H.R.
                   and interest repayments are deferred for one year, and the                                    6800): Selected Federal
                   businesses must make a “reasonable effort” to retain employees.                               Reserve Provisions
                   Currently, the facility is not available to nonprofits, but the Federal
                   Reserve proposed to make it available to nonprofits on June 15,                               CRS Report R44185,
                   2020.                                                                                         Federal Reserve:
                                                                                                                 Emergency Lending, by
                   Section 110604 would require the Federal Reserve to make                                      Marc Labonte
                   nonprofits eligible for the MSLP and allow Treasury to forgive these
                   loans for certain nonprofits serving low-income communities.
Section 110605.    The Federal Reserve’s MSLP (see Section 110604) has a minimum               Changes must      Marc Labonte,
Options for        loan size, depending on the type of loan, of $250,000 or $10 million.       be made within    Specialist in
Small Businesses   Section 110605 would require the Federal Reserve to offer a MSLP            5 days of         Macroeconomic Policy
and Non-Profits    for small businesses, smaller institutions of higher education, and         enactment.        CRS Insight IN11404,
under the Main     nonprofits without a minimum loan size.                                                       HEROES Act (H.R.
Street Lending                                                                                                   6800): Selected Federal
Program                                                                                                          Reserve Provisions, by
                                                                                                                 Marc Labonte
                                                                                                                 CRS Report R44185,
                                                                                                                 Federal Reserve:
                                                                                                                 Emergency Lending, by
                                                                                                                 Marc Labonte
Section 110606.    Banks are subject to federal anti-money laundering laws (AML) and           n/a               David Carpenter,
SAFE Banking       Bank Secrecy Act (BSA; P.L. 91-508) provisions requiring them to                              Legislative Attorney
                   take steps to prevent illicit transactions.i Because cannabis is illegal                      CRS In Focus IF11373,
                   under federal law, banks largely have chosen not to provide services                          Financial Services for
                   to cannabis businesses to ensure BSA/AML compliance, even if the                              Marijuana Businesses, by
                   businesses are legal under state law. This purportedly has led to                             David H. Carpenter
                   cannabis businesses dealing exclusively in cash, raising public safety
                   and tax collection concerns, among others.j Section 110606 would
                   prohibit federal bank regulators from taking actions against banks
                   for providing services to state-legal cannabis businesses and would
                   protect banks and bank employees from liability from doing so.k
Title VII—Empowering Community Financial Institutions
Section 110701.    Section 110701 would authorize $2 billion in appropriations for the         FY2020            Sean Lowry, Analyst in
Community          Community Development Financial Institutions (CDFI) Fund for                                  Public Finance
Development        financial assistance (FA) and technical assistance (TA) made in
Financial          FY2020 to certified CDFIs. Of this amount, no less than
Institutions       $800,000,000 would be set aside for FA and TA awards to minority
Fund               lending institutions. A minority lending institution is defined as a
                   depository institution, loan fund, or other financial institution that is
                   at least 51% owned by “socially and economically disadvantaged
                   individuals” or is a mutual financial institution that primarily serves
                   Black, Native, Hispanic, or Asian Americans. The 1:1 nonfederal




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                                       HEROES Act, Division K—COVID-19 Housing, Economic Relief and Oversight Act




                                                                                                   Effective       CRS Experts/
   Provision                                    Description                                         Dates           Resources
                    government matching funds requirement and limits to any single
                    CDFI would also be waived for CDFI Fund award recipients.
                    For comparison, P.L. 116-93 enacted the following FY2020
                    appropriation amounts for the CDFI Fund: $165 million (CDFI FA
                    and TA), $16 million (Native American CDFI FA and TA), and $22
                    million (Healthy Food Financing Initiative).
                    Division A Title III of H.R. 6800 would appropriate $1 billion for the
                    CDFI Fund Program Account.
Section 110702.     Section 110702 incorporates H.R. 5322, the Ensuring Diversity in         n/a               Darryl E. Getter,
Ensuring            Community Banking Act of 2019. This section would include in the                           Specialist in Financial
Diversity in        definition of a minority depository institution (under 12 USC §1463)                       Economics
Community           those institutions with more than 50% of their outstanding shares
Banking             held by one or more women or in which the majority of their
                    board directors are women. This section would create a new
                    designation, an impact bank, for banks that lend primarily to low-
                    income communities. (Both minority and nonminority banking
                    institutions would be eligible for the impact bank designation.) Each
                    covered depositor regulator would establish an advisory
                    committee, called the Minority Depository Institutions Advisory
                    Committee, that would provide advice on preserving the present
                    number of covered minority institutions and preserving the
                    minority character of minority-owned institutions in cases involving
                    mergers or acquisitions, provide technical assistance, and encourage
                    the creation of new covered minority institutions. This section
                    would also call for a custodial deposit program for minority
                    depository institutions and impact banks.
Title VIII—Providing Assistance for State, Territory, Tribal, and Local Governments
Section 110801.     Currently, the Federal Reserve can purchase securities in two            Changes to        Marc Labonte,
Emergency           ways—directly through open market operations and through                 open market       Specialist in
Relief for State,   emergency Section 13(3) facilities using special purpose vehicles        operations        Macroeconomic Policy
Territorial,        (SPV).                                                                   authority are     CRS Insight IN11404,
Tribal and Local    The securities it is authorized to purchase directly are limited. For    permanent;        HEROES Act (H.R.
Governments         municipal debt, it can only purchase debt that has a maturity of less    MLF until         6800): Selected Federal
                    than six months and is backed by anticipated taxes or assured            December 31,      Reserve Provisions, by
                    revenues. Section 110801 would remove these restrictions and             2021.             Marc Labonte
                    would make debt issued by the District of Columbia, U.S.                                   CRS Report R44185,
                    territories, and “federally recognized Indian tribe(s)” eligible for                       Federal Reserve:
                    purchase in “unusual and exigent circumstances.”                                           Emergency Lending, by
                    On April 9, the Federal Reserve announced the Municipal Liquidity                          Marc Labonte
                    Facility (MLF) to purchase state and municipal debt in response to
                    higher yields and reduced liquidity in that market. The facility will
                    purchase only debt with a maturity up to three years issued by
                    states, the District of Columbia, counties with more than 500,000
                    residents, and cities with more than 250,000 residents. However, at
                    least two municipalities from each state can be designated to
                    participate.
                    Section 110801 would make changes to MLF terms, including
                    extending its expiration date to the end of 2021, extending the
                    maturity of eligible debt to 10 years, setting the implicit yield on
                    debt purchased equal to the Fed’s discount rate, making debt of
                    U.S. territories eligible, and reducing the minimum eligible
                    population size for an issuer to 50,000.




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                                                                                              Effective        CRS Experts/
  Provision                                  Description                                       Dates            Resources

Section 110802.   Section 110802 would authorize appropriations of $5 billion for       Directs that       Joseph V. Jaroscak,
Community         Community Development Block Grant (CDBG) programs, to be              funds be           Analyst in Economic
Development       allocated to entitlement communities, states, and insular areas,      allocated within   Development Policy
Block Grants      pursuant to Section 106 of the Housing and Community                  30 days after
                  Development Act of 1974 (42 U.S.C. §5306). The section would          enactment and
                  extend the term for eligible use of CDBG funds as emergency grant     that funds
                  payments from 3 consecutive months to 121 consecutive months.         remain available
                  Additionally, the section would waive any matching requirements       until September
                  for administrative costs in the CDBG state program and would          30, 2023.
                  direct the HUD Secretary to make available the relevant               Directs that
                  Consolidated Annual Performance Evaluation Reports (CAPER) on         CAPER
                  a quarterly basis. All waivers and alternative requirements made by   information
                  the HUD Secretary pursuant to the CARES Act would apply to this       remain available
                  section.                                                              from enactment
                  Division A, Title IX of H.R. 6800 would appropriate $5 billion to     date through
                  the Community Development Fund which administers CDBG                 the date of
                  programs.                                                             termination by
                                                                                        FEMA of the
                                                                                        emergency
                                                                                        declaration.
Title IX—Providing Oversight and Protecting Taxpayers
Section 110901.   Section 110901 would amend Section 4026(b)(1)(A)(iii) of the          n/a                Ben Wilhelm, Analyst
Mandatory         CARES Act by adding further information to the financial                                 in Government
Reports to        statements the Treasury is required to submit regarding                                  Organization and
Congress          transactions under Title IV of the CARES Act. The section would                          Management
                  also require the Treasury to report monthly on specified                                 CRS Report R46315,
                  transactions under Title IV of the CARES Act.                                            Congressional Oversight
                                                                                                           Provisions in the
                                                                                                           Coronavirus Aid, Relief,
                                                                                                           and Economic Security
                                                                                                           (CARES) Act (P.L. 116-
                                                                                                           136), by Ben Wilhelm
                                                                                                           and William T. Egar
Section 110902.   Section 110902 would amend Section 4020(b) of the CARES Act to        n/a                William Egar, Analyst in
Discretionary     provide that the Congressional Oversight Commission may, in                              American National
Reports to        addition to its mandatory reporting requirements, submit further                         Government
Congress          reports to Congress as it deems appropriate.                                             CRS Insight IN11304,
                                                                                                           COVID-19 Congressional
                                                                                                           Oversight Commission
                                                                                                           (COC), by Jacob R.
                                                                                                           Straus and William T.
                                                                                                           Egar
Section 110903.   Section 110903 would amend Sections 15010(a)(2) and 19010(a)(1)       n/a                Ben Wilhelm, Analyst
Definition of     of the CARES Act to add the Senate Committee on Banking,                                 in Government
Appropriate       Housing, and Urban Affairs and the House Committee on Financial                          Organization and
Congressional     Services to the list of committees to which the Pandemic Response                        Management
Committees        Accountability Committee, the Treasury, and the Federal Reserve                          CRS Insight IN11343,
                  must submit reports.                                                                     The Pandemic Response
                                                                                                           Accountability
                                                                                                           Committee: Organization
                                                                                                           and Duties, by Ben
                                                                                                           Wilhelm




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                                      HEROES Act, Division K—COVID-19 Housing, Economic Relief and Oversight Act




                                                                                                 Effective         CRS Experts/
  Provision                                    Description                                        Dates             Resources

Section 110904.    Section 110904 would require the inspectors general of specified        n/a                Ben Wilhelm, Analyst
Reporting by       agencies to include COVID-19 related findings in their semiannual                          in Government
Inspectors         reports. Specifically, they would be required to report any findings                       Organization and
General            on the effectiveness of (1) agency rulemaking related to COVID-19                          Management
                   and (2) agency oversight of entities participating in the agency’s
                   response to COVID-19.

            Source: Congressional Research Service.

            a.    CRS Legislative Attorney Kevin M. Lewis prepared the legal analysis under the table’s “Bankruptcy”
                  subheading.
            b.    For an introductory overview of the Bankruptcy Code, see CRS Report R45137, Bankruptcy Basics: A Primer,
                  by Kevin M. Lewis.
            c.    For the definition of “estate,” see id. at 5-6.
            d.    For background on bankruptcy exemptions, see CRS Legal Sidebar LSB10246, Veterans’ Benefits and
                  Bankruptcy, by Kevin M. Lewis.
            e.    For analysis of the interaction between federal bankruptcy exemptions and state and federal nonbankruptcy
                  exemptions, see id.
            f.    For the definition of “discharge,” see Lewis, supra note b, at 25-26.
            g.    For an overview of Chapter 13 of the Bankruptcy Code, see id. at 19-22.
            h.    For background on Chapter 13 plans and plan confirmation, see b.
            i.    Anti-money laundering at 18 U.S.C. §1956-1957; Bank Secrecy Act at 31 U.S.C. §5311 et seq.
            j.    U.S. Congress, House Committee on Financial Services, SAFE Banking Act of 2019, 116 th Cong., 1st sess.,
                  June 5, 2019, H.Rept. 116-104 Part 1, pp. 6-9.
            k.    This brief description was written by CRS Specialist David Perkins. Congressional staff with questions about
                  the legal issues related to providing financial services to cannabis and marijuana businesses should contact
                  CRS Legislative Attorney David Carpenter.




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                            HEROES Act, Division K—COVID-19 Housing, Economic Relief and Oversight Act




Author Information

Rena S. Miller, Coordinator                           Sean Lowry
Specialist in Financial Economics                     Analyst in Public Finance

Michael H. Cecire                                     Maggie McCarty
Analyst in Intergovernmental Relations and            Specialist in Housing Policy
Economic Development Policy

Cheryl R. Cooper                                      David W. Perkins
Analyst in Financial Economics                        Specialist in Macroeconomic Policy

Darryl E. Getter                                      Libby Perl
Specialist in Financial Economics                     Specialist in Housing Policy

Raj Gnanarajah                                        Andrew P. Scott
Analyst in Financial Economics                        Analyst in Financial Economics

Joseph V. Jaroscak                                    Kyle D. Shohfi
Analyst in Economic Development Policy                Analyst in Education Policy

Katie Jones                                           Ben Wilhelm
Analyst in Housing Policy                             Analyst in Government Organization and
                                                      Management

Marc Labonte
Specialist in Macroeconomic Policy




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