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Congressional Record — House of Representatives, H5202 (October 1, 2020)

Summary

Page H5202 of the House section of the Congressional Record for October 1, 2020, in interleaved columns, with House proceedings on legislation. Mrs. Lowey asks unanimous consent to vacate the ordering of the yeas and nays on H.R. 5572, a bill on family support services for 2020. A Member thanks staff for a bipartisan bill on debris in the oceans and says it shows Congress can work together, which is that Member's view. The page also prints a table of contents with Chesapeake Bay and National Fish Habitat conservation titles and bill text on emergency family and medical leave, wage rate and restoration to position.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Congressional Record — House of Representatives, H5202 (October 1, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-10-01-crec-2020-10-01-pt1-pgh5202-2-d61a0299eb/, SHA-256 d4da6f43267afc8061c6b33b42b9e9487c54fafeb353f45159b28c4f2837d248.

Full text

                                              H5202                                              CONGRESSIONAL RECORD — HOUSE                                                            October 1, 2020
                                              Rayfield and Dave Jansen from the                                              b 1645                          Sec. 110. Reauthorization of Chesapeake Bay
                                              Transportation     and    Infrastructure                                                                                     Initiative Act of 1998.
                                                                                                      VACATING DEMAND FOR YEAS                               Sec. 111. Chesapeake watershed investments for
                                              Committee. I thank my personal staff,                     AND NAYS ON H.R. 5572, FAMILY                                      landscape defense.
                                              Kevin Swanson and Kayla Rillo. They                       SUPPORT SERVICES FOR ADDIC-                              TITLE II—NATIONAL FISH HABITAT
                                              worked very hard on this legislation, a                   TION ACT OF 2020                                     CONSERVATION THROUGH PARTNERSHIPS
                                              lot of work.
                                                                                                        Mrs. LOWEY. Mr. Speaker, I ask                       Sec. 201. Purpose.
                                                The bill is truly a bipartisan bill.                                                                         Sec. 202. Definitions.
                                              What a way to finish up this session,                   unanimous consent that the ordering
                                                                                                                                                             Sec. 203. National Fish Habitat Board.
                                              with a bipartisan bill, working to-                     of the yeas and nays on the motion                     Sec. 204. Fish Habitat Partnerships.
                                              gether to solve a universal problem: de-                that the House suspend the rules and                   Sec. 205. Fish Habitat Conservation Projects.
                                              bris in our oceans. It shows that we can                pass the bill (H.R. 5572) to establish a               Sec. 206. Technical and scientific assistance.
                                              work together, and I encourage con-                     grant program for family community                     Sec. 207. Coordination with States and Indian
                                                                                                      organizations that provide support for                               Tribes.
                                              tinuation of this type of effort to make                                                                       Sec. 208. Interagency Operational Plan.
                                              sure our oceans are clean forever.                      individuals struggling with substance
                                                                                                                                                             Sec. 209. Accountability and reporting.
                                                                                                      use disorder and their families, as
                                                Mr. Speaker, I urge my colleagues to                                                                         Sec. 210. Effect of this title.
                                                                                                      amended, be vacated, to the end that                   Sec. 211. Nonapplicability of Federal Advisory
                                              support S. 1982. And remember, DAN
                                                                                                      the Chair put the question de novo.                                  Committee Act.
                                              SULLIVAN introduced it on the Senate
                                                                                                        The SPEAKER pro tempore. Is there                    Sec. 212. Funding.
                                              side, that is why we are taking up the                                                                         Sec. 213. Prohibition against implementation of
                                                                                                      objection to the request of the gentle-
                                              Senate bill, but it is really a House                                                                                        regulatory authority by Federal
                                                                                                      woman from New York?
                                              bill.                                                                                                                        agencies through Partnerships.
                                                                                                        There was no objection.
                                                Mr. Speaker, I thank my ranking                         The SPEAKER pro tempore. The                                  TITLE III—MISCELLANEOUS
                                              member and my chairman, though he                       question is on the motion offered by                   Sec. 301. Sense of the Senate regarding con-
                                              is not here.                                            the gentleman from New Jersey (Mr.                                   servation agreements and activi-
                                                Mr. CARBAJAL. Mr. Speaker, I yield                                                                                         ties.
                                                                                                      PALLONE) that the House suspend the
                                              1 minute to the gentleman from Hawaii                                                                          Sec. 302. Study to review conservation factors.
                                                                                                      rules and pass the bill, as amended.                   Sec. 303. Study and report on expenditures.
                                              (Mr. CASE).                                               The question was taken; and (two-                    Sec. 304. Use of value of land for cost sharing.
                                                Mr. CASE. Mr. Speaker, the air, land,                 thirds being in the affirmative) the                       TITLE I—WILDLIFE ENHANCEMENT,
                                              and oceans of our Earth are in mortal                   rules were suspended and the bill, as                           DISEASE, AND PREDATION
                                              danger and must be saved. But it is our                 amended, was passed.                                   SEC. 101. THEODORE ROOSEVELT GENIUS PRIZE
                                              oceans that are the most vast and un-                     A motion to reconsider was laid on                               FOR REDUCING HUMAN-PREDATOR
                                              known of these and with the most com-                   the table.                                                         CONFLICT.
                                              plex and extensive risk from climate                                      f
                                                                                                                                                               (a) IN GENERAL.—Section 7001(d) of the John
                                              change, to pollution, extraction, and                                                                          D. Dingell, Jr. Conservation, Management, and
                                              marine debris.                                             NORTH AMERICAN WETLANDS                             Recreation Act (16 U.S.C. 742b note; Public Law
                                                                                                        CONSERVATION EXTENSION ACT                           116–9) is amended—
                                                Debris is especially acute in my own                                                                            (1)     in  paragraphs      (2)(C)(v),  (3)(C)(v),
                                              Pacific and its epicenter, the 1,500-                     Mrs. LOWEY. Mr. Speaker, pursuant                    (4)(C)(v), (5)(C)(v), and (6)(C)(v), by striking
                                              mile-long Hawaiian Islands chain,                       to House Resolution 1161, I call up the                ‘‘paragraph (7)(A)’’ each place it appears and
                                              which acts as a giant comb for all man-                 bill (H.R. 925) to extend the authoriza-               inserting ‘‘paragraph (8)(A)’’;
                                              ner of marine trash. Fifty-two metric                   tion of appropriations for allocation to                  (2) in paragraphs (2)(D)(ii), (2)(F)(ii),
                                              tons     of    debris     clutter    our                carry out approved wetlands conserva-                  (3)(D)(ii),    (3)(F)(ii),   (4)(D)(ii),   (4)(F)(ii),
                                              Papahanaumokuakea Marine National                       tion projects under the North Amer-                    (5)(D)(ii), (5)(F)(ii), (6)(D)(ii), and (6)(F)(ii) by
                                                                                                                                                             striking ‘‘paragraph (7)(B)’’ each place it ap-
                                              Monument annually, with tons more                       ican    Wetlands     Conservation     Act
                                                                                                                                                             pears and inserting ‘‘paragraph (8)(B)’’;
                                              on the shores of the main Hawaiian Is-                  through fiscal year 2024, with the Sen-                   (3) in paragraph (6)(C)(iv), in the matter pre-
                                              lands.                                                  ate amendments thereto, and ask for                    ceding clause (i), by striking ‘‘subparagraph
                                                The results are human health and                      its immediate consideration.                           (C)’’ and inserting ‘‘clause (iii)’’;
                                              safety problems, habitat destruction,                     The Clerk read the title of the bill.                   (4) by redesignating paragraph (7) as para-
                                              wildlife entanglements, vessel dam-                       The SPEAKER pro tempore. The                         graph (8);
                                              ages, navigational hazards, invasive                    Clerk will designate the Senate amend-                    (5) by inserting after paragraph (6) the fol-
                                                                                                      ments.                                                 lowing:
                                              species transport, and beach and coast-                                                                           ‘‘(7) THEODORE ROOSEVELT GENIUS PRIZE FOR
                                              line destruction.                                         Senate amendments:                                   REDUCING HUMAN-PREDATOR CONFLICT.—
                                                The Save Our Seas 2.0 Act ups our na-                 Strike all after the enacting clause and                  ‘‘(A) DEFINITIONS.—In this paragraph:
                                              tional ante on this critical issue by                         insert the following:                               ‘‘(i) BOARD.—The term ‘Board’ means the Re-
                                              bolstering and funding actions that can                 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.             ducing Human-Predator Conflict Technology
                                              make a real difference.                                   (a) SHORT TITLE.—This Act may be cited as            Advisory Board established by subparagraph
                                                                                                      the ‘‘America’s Conservation Enhancement               (C)(i).
                                                Mr. Speaker, I urge passage.                                                                                    ‘‘(ii) PRIZE COMPETITION.—The term ‘prize
                                                                                                      Act’’.
                                                Mr. GRAVES of Missouri. Mr. Speak-                      (b) TABLE OF CONTENTS.—The table of con-             competition’ means the Theodore Roosevelt Ge-
                                              er, I don’t have anyone else to speak,                  tents for this Act is as follows:                      nius Prize for reducing human-predator conflict
                                              so with that, I urge my colleagues to                   Sec. 1. Short title; table of contents.                established under subparagraph (B).
                                              support the bill, and I yield back the                                                                            ‘‘(B) AUTHORITY.—Not later than 180 days
                                                                                                          TITLE I—WILDLIFE ENHANCEMENT,                      after the date of enactment of the America’s
                                              balance of my time.                                               DISEASE, AND PREDATION                       Conservation Enhancement Act, the Secretary
                                                Mr. CARBAJAL. Mr. Speaker, I urge                     Sec. 101. Theodore Roosevelt Genius Prize for          shall establish under section 24 of the Steven-
                                              my colleagues to support the legisla-                                  reducing human-predator con-            son-Wydler Technology Innovation Act of 1980
                                              tion, and I yield back the balance of                                  flict.                                  (15 U.S.C. 3719) a prize competition, to be known
                                              my time.                                                Sec. 102. Losses of livestock due to depredation       as the ‘Theodore Roosevelt Genius Prize for re-
                                                The SPEAKER pro tempore. The                                         by federally protected species.         ducing human-predator conflict’—
                                                                                                      Sec. 103. Depredation permits for black vultures          ‘‘(i) to encourage technological innovation
                                              question is on the motion offered by
                                                                                                                     and common ravens.                      with the potential to advance the mission of the
                                              the gentleman from California (Mr.                      Sec. 104. Chronic Wasting Disease Task Force.          United States Fish and Wildlife Service with re-
                                              CARBAJAL) that the House suspend the                    Sec. 105. Invasive species.                            spect to reducing the frequency of human-pred-
                                              rules and pass the bill, S. 1982, as                    Sec. 106. North American Wetlands Conserva-            ator conflict using nonlethal means; and




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                                              amended.                                                               tion Act.                                  ‘‘(ii) to award 1 or more prizes annually for a
                                                The question was taken; and (two-                     Sec. 107. National Fish and Wildlife Founda-           technological advancement that promotes reduc-
                                              thirds being in the affirmative) the                                   tion Establishment Act.                 ing human-predator conflict using nonlethal
                                                                                                      Sec. 108. Modification of definition of sport          means, which may include the application and
                                              rules were suspended and the bill, as
                                                                                                                     fishing equipment under Toxic           monitoring of tagging technologies.
                                              amended, was passed.                                                   Substances Control Act.                    ‘‘(C) ADVISORY BOARD.—
                                                A motion to reconsider was laid on                    Sec. 109. Reauthorization of Chesapeake Bay               ‘‘(i) ESTABLISHMENT.—There is established an
                                              the table.                                                             Program.                                advisory board, to be known as the ‘Reducing




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                          H5203
                                              Human-Predator Conflict Technology Advisory             acting through the Administrator of the Na-                 (5) PROGRAM.—The term ‘‘program’’ means
                                              Board’.                                                 tional Oceanic and Atmospheric Administration,           the grant program established under subsection
                                                 ‘‘(ii) COMPOSITION.—The Board shall be com-          and humans.                                              (b)(1).
                                              posed of not fewer than 9 members appointed by             ‘‘(G) REPORT TO CONGRESS.—Not later than 60              (6) SECRETARIES.—The term ‘‘Secretaries’’
                                              the Secretary, who shall provide expertise in—          days after the date on which a cash prize is             means—
                                                 ‘‘(I) predator-human interactions;                   awarded under this paragraph, the Secretary                 (A) the Secretary of the Interior, acting
                                                 ‘‘(II) the habitats of large predators;              shall submit to the Committee on Environment             through the Director of the United States Fish
                                                 ‘‘(III) biology;                                     and Public Works of the Senate and the Com-              and Wildlife Service; and
                                                 ‘‘(IV) technology development;                       mittee on Natural Resources of the House of                 (B) the Secretary of Agriculture, acting
                                                 ‘‘(V) engineering;                                   Representatives a report on the prize competi-           through the Administrator of the Animal and
                                                 ‘‘(VI) economics;                                    tion that includes—                                      Plant Health Inspection Service.
                                                 ‘‘(VII) business development and manage-                ‘‘(i) a statement by the Board that describes            (b) GRANT PROGRAM FOR LOSSES OF LIVE-
                                              ment; and                                               the activities carried out by the Board relating         STOCK DUE TO DEPREDATION BY FEDERALLY
                                                 ‘‘(VIII) any other discipline, as the Secretary      to the duties described in subparagraph (C)(iii);        PROTECTED SPECIES.—
                                              determines to be necessary to achieve the pur-             ‘‘(ii) if the Secretary has entered into an              (1) IN GENERAL.—The Secretaries shall estab-
                                              poses of this paragraph.                                agreement under subparagraph (D)(i), a state-            lish a program to provide grants to States and
                                                 ‘‘(iii) DUTIES.—Subject to clause (iv), with re-     ment by the National Fish and Wildlife Founda-           Indian tribes to supplement amounts provided
                                              spect to the prize competition, the Board shall—        tion that describes the activities carried out by        by States, Indian tribes, or State agencies under
                                                 ‘‘(I) select a topic;                                the National Fish and Wildlife Foundation re-            1 or more programs established by the States
                                                 ‘‘(II) issue a problem statement;                    lating to the duties described in paragraph              and Indian tribes (including programs estab-
                                                 ‘‘(III) advise the Secretary regarding any op-       (8)(B); and                                              lished after the date of enactment of this Act)—
                                              portunity for technological innovation to reduce           ‘‘(iii) a statement by 1 or more of the judges           (A) to assist livestock producers in carrying
                                              human-predator conflict using nonlethal means;          appointed under subparagraph (E) that explains           out—
                                              and                                                     the basis on which the winner of the cash prize             (i) proactive and nonlethal activities to reduce
                                                 ‘‘(IV) advise winners of the prize competition       was selected.                                            the risk of livestock loss due to depredation by
                                              regarding opportunities to pilot and implement             ‘‘(H) TERMINATION OF AUTHORITY.—The                   federally protected species occurring on—
                                              winning technologies in relevant fields, includ-        Board and all authority provided under this                 (I) Federal, State, or private land within the
                                              ing in partnership with conservation organiza-          paragraph shall terminate on December 31,                applicable State; or
                                              tions, Federal or State agencies, federally recog-      2023.’’; and                                                (II) land owned by, or held in trust for the
                                              nized Indian Tribes, private entities, and re-             (6) in paragraph (8) (as so redesignated)—            benefit of, the applicable Indian tribe; and
                                              search institutions with expertise or interest re-                                                                  (ii) research relating to the activities described
                                                                                                         (A) in subparagraph (A), in the matter pre-
                                              lating to reducing human-predator conflict                                                                       in clause (i); and
                                                                                                      ceding clause (i), by striking ‘‘or (6)(C)(i)’’ and
                                              using nonlethal means.                                                                                              (B) to compensate livestock producers for live-
                                                                                                      inserting ‘‘(6)(C)(i), or (7)(C)(i)’’; and
                                                 ‘‘(iv) CONSULTATION.—In selecting a topic and                                                                 stock losses due to depredation by federally pro-
                                                                                                         (B) in subparagraph (B)—
                                              issuing a problem statement for the prize com-                                                                   tected species occurring on—
                                                                                                         (i) in the matter preceding clause (i), by strik-
                                              petition under subclauses (I) and (II) of clause                                                                    (i) Federal, State, or private land within the
                                                                                                      ing ‘‘or (6)(D)(i)’’ and inserting ‘‘(6)(D)(i), or
                                              (iii), respectively, the Board shall consult widely                                                              applicable State; or
                                                                                                      (7)(D)(i)’’; and                                            (ii) land owned by, or held in trust for the
                                              with Federal and non-Federal stakeholders, in-             (ii) in clause (i)(VII), by striking ‘‘and (6)(E)’’
                                              cluding—                                                                                                         benefit of, the applicable Indian tribe.
                                                                                                      and inserting ‘‘(6)(E), and (7)(E)’’.                       (2) ALLOCATION OF FUNDING.—
                                                 ‘‘(I) 1 or more Federal agencies with jurisdic-         (b) SENSE OF CONGRESS.—It is the sense of                (A) REPORTS TO THE SECRETARIES.—Not later
                                              tion over the management of native wildlife spe-        Congress that data collected from the tagging of         than September 30 of each year, a State or In-
                                              cies at risk due to conflict with human activi-         predators can inform innovative management of            dian tribe desiring to receive a grant under the
                                              ties;                                                   those predators and innovative education activi-         program shall submit to the Secretaries a report
                                                 ‘‘(II) 1 or more State agencies with jurisdic-       ties to minimize human-predator conflict.                describing, for the 1-year period ending on that
                                              tion over the management of native wildlife spe-        SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPRE-              September 30, the losses of livestock due to dep-
                                              cies at risk due to conflict with human activi-                     DATION BY FEDERALLY PROTECTED                redation by federally protected species occurring
                                              ties;                                                               SPECIES.
                                                 ‘‘(III) 1 or more State, regional, or local wild-                                                             on—
                                                                                                        (a) DEFINITIONS.—In this section:                         (i) Federal, State, or private land within the
                                              life organizations, the mission of which relates          (1) DEPREDATION.—                                      applicable State; or
                                              to the management of native wildlife species at           (A) IN GENERAL.—The term ‘‘depredation’’                  (ii) land owned by, or held in trust for the
                                              risk due to conflict with human activities; and         means actual death, injury, or destruction of            benefit of, the applicable Indian tribe.
                                                 ‘‘(IV) 1 or more wildlife conservation groups,       livestock that is caused by a federally protected           (B) ALLOCATION.—The Secretaries shall allo-
                                              technology companies, research institutions, in-        species.                                                 cate available funding to carry out this Act
                                              stitutions of higher education, industry associa-          (B) EXCLUSIONS.—The term ‘‘depredation’’              among States and Indian tribes for a 1-year pe-
                                              tions, or individual stakeholders with an inter-        does not include damage to real or personal              riod ending on September 30 based on the losses
                                              est in the management of native wildlife species        property other than livestock, including—                described in the reports submitted for the pre-
                                              at risk due to conflict with human activities.             (i) damage to—                                        vious 1-year period ending on September 30
                                                 ‘‘(v) REQUIREMENTS.—The Board shall comply              (I) other animals;                                    under subparagraph (A).
                                              with all requirements under paragraph (8)(A).              (II) vegetation;                                         (3) ELIGIBILITY.—To be eligible to receive a
                                                 ‘‘(D) AGREEMENT WITH NATIONAL FISH AND                  (III) motor vehicles; or                              grant under paragraph (1), a State or Indian
                                              WILDLIFE FOUNDATION.—                                      (IV) structures;                                      tribe shall—
                                                 ‘‘(i) IN GENERAL.—The Secretary shall offer to          (ii) diseases;                                           (A) designate an appropriate agency of the
                                              enter into an agreement under which the Na-                (iii) lost profits; or                                State or Indian tribe to administer the 1 or more
                                              tional Fish and Wildlife Foundation shall ad-              (iv) consequential damages.                           programs supplemented by the grant funds;
                                              minister the prize competition.                            (2) FEDERALLY PROTECTED SPECIES.—The term                (B) establish 1 or more accounts to receive
                                                 ‘‘(ii) REQUIREMENTS.—An agreement entered            ‘‘federally protected species’’ means a species          grant funds;
                                              into under clause (i) shall comply with all re-         that is or previously was protected under—                  (C) maintain files of all claims received and
                                              quirements under paragraph (8)(B).                         (A) the Act of June 8, 1940 (commonly known           paid under grant-funded programs, including
                                                 ‘‘(E) JUDGES.—                                       as the ‘‘Bald and Golden Eagle Protection Act’’)         supporting documentation; and
                                                 ‘‘(i) APPOINTMENT.—The Secretary shall ap-           (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq.);         (D) submit to the Secretaries—
                                              point not fewer than 3 judges who shall, except            (B) the Endangered Species Act of 1973 (16               (i) annual reports that include—
                                              as provided in clause (ii), select the 1 or more        U.S.C. 1531 et seq.); or                                    (I) a summary of claims and expenditures
                                              annual winners of the prize competition.                   (C) the Migratory Bird Treaty Act (16 U.S.C.          under the program during the year; and
                                                 ‘‘(ii) DETERMINATION BY SECRETARY.—The               703 et seq.).                                               (II) a description of any action taken on the
                                              judges appointed under clause (i) shall not se-            (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’           claims; and
                                              lect any annual winner of the prize competition         has the meaning given the term in section 4 of              (ii) such other reports as the Secretaries may
                                              if the Secretary makes a determination that, in         the Indian Self-Determination and Education              require to assist the Secretaries in determining
                                              any fiscal year, none of the technological ad-          Assistance Act (25 U.S.C. 5304).                         the effectiveness of assisted activities under this
                                              vancements entered into the prize competition              (4) LIVESTOCK.—                                       section.
                                              merits an award.                                           (A) IN GENERAL.—The term ‘‘livestock’’ means             (c) SENSE OF THE SENATE.—It is the sense of




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                                                 ‘‘(F) CONSULTATION WITH NOAA.—The Sec-               horses, mules and asses, rabbits, llamas, cattle,        the Senate that—
                                              retary shall consult with the Secretary of Com-         bison, swine, sheep, goats, poultry, bees, honey            (1) no State or Indian tribe is required to par-
                                              merce, acting through the Administrator of the          and beehives, or any other animal generally              ticipate in the program; and
                                              National Oceanic and Atmospheric Administra-            used for food or in the production of food or               (2) the program supplements, and does not re-
                                              tion, in the case of a cash prize awarded under         fiber.                                                   place or supplant, any State compensation pro-
                                              the prize competition for a technology that ad-            (B) INCLUSION.—The term ‘‘livestock’’ includes        grams for depredation.
                                              dresses conflict between marine predators under         guard animals actively engaged in the protec-               (d) AUTHORIZATION OF APPROPRIATIONS.—
                                              the jurisdiction of the Secretary of Commerce,          tion of livestock described in subparagraph (A).         There is authorized to be appropriated to carry




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                                              H5204                                              CONGRESSIONAL RECORD — HOUSE                                                          October 1, 2020
                                              out this section $15,000,000 for each of fiscal         best practices described in the interstate action      Force are appointed, the Task Force shall sub-
                                              years 2021 through 2025, of which—                      plan developed under subparagraph (C).                 mit to the Secretary, and the heads of the State
                                                (1) $5,000,000 shall be used to provide grants          (3) MEMBERSHIP.—                                     agencies with jurisdiction over wildlife disease
                                              for the purposes described in subsection                  (A) IN GENERAL.—The Task Force shall be              and farmed cervid regulation of each State with
                                              (b)(1)(A); and                                          composed of—                                           a representative on the Task Force, the inter-
                                                (2) $10,000,000 shall be used to provide grants         (i) 1 representative of the United States Fish       state action plan developed by the Task Force
                                              for the purpose described in subsection (b)(1)(B).      and Wildlife Service with experience in chronic        under paragraph (2)(C).
                                              SEC. 103. DEPREDATION PERMITS FOR BLACK                 wasting disease, to be appointed by the Sec-              (B) COOPERATIVE AGREEMENTS.—
                                                         VULTURES AND COMMON RAVENS.                  retary of the Interior (referred to in this sub-          (i) IN GENERAL.—To the maximum extent prac-
                                                (a) IN GENERAL.—The Secretary of the Inte-            section as the ‘‘Secretary’’);                         ticable, the Secretary, any other applicable Fed-
                                              rior, acting through the Director of the United           (ii) 1 representative of the United States Geo-      eral agency, and each applicable State shall
                                              States Fish and Wildlife Service (referred to in        logical Survey;                                        enter into a cooperative agreement to fund nec-
                                                                                                        (iii) 2 representatives of the Department of Ag-     essary actions under the interstate action plan
                                              this section as the ‘‘Secretary’’), may issue dep-
                                                                                                      riculture with experience in chronic wasting dis-      submitted under subparagraph (A).
                                              redation permits to livestock producers author-
                                                                                                      ease, to be appointed by the Secretary of Agri-           (ii) TARGET DATE.—The Secretary shall make
                                              izing takings of black vultures or common
                                                                                                      culture—                                               the best effort of the Secretary to enter into any
                                              ravens otherwise prohibited by Federal law to
                                                                                                        (I) 1 of whom shall have expertise in research;      cooperative agreement under clause (i) not later
                                              prevent those vultures or common ravens from
                                                                                                      and                                                    than 180 days after the date of submission of the
                                              taking livestock during the calving season or             (II) 1 of whom shall have expertise in wildlife
                                              lambing season.                                                                                                interstate action plan under subparagraph (A).
                                                                                                      management;                                               (C) MATCHING FUNDS.—
                                                 (b) LIMITED TO AFFECTED STATES OR RE-                  (iv) in the case of each State in which chronic         (i) IN GENERAL.—Subject to clause (ii), for
                                              GIONS.—The Secretary may issue permits under
                                                                                                      wasting disease among elk, mule deer, white-           each fiscal year, the United States Fish and
                                              subsection (a) only to livestock producers in           tailed deer, or moose has been reported to the         Wildlife Service shall provide funds to carry out
                                              States and regions in which livestock producers         appropriate State agency, not more than 2 rep-         an interstate action plan through a cooperative
                                              are affected or have been affected in the pre-          resentatives, to be nominated by the Governor of       agreement under subparagraph (B) in the
                                              vious year by black vultures or common ravens,          the State—                                             amount of funds provided by the applicable
                                              as determined by Secretary.                               (I) not more than 1 of whom shall be a rep-          States.
                                                 (c) REPORTING.—The Secretary shall require,          resentative of the State agency with jurisdiction         (ii) LIMITATION.—The amount provided by the
                                              as a condition of a permit under subsection (a),        over wildlife management or wildlife disease in        United State Fish and Wildlife Service under
                                              that the permit holder shall report to the appro-       the State; and                                         clause (i) for a fiscal year shall be not greater
                                              priate enforcement agencies the takings of black          (II) in the case of a State with a farmed cervid     than $5,000,000.
                                              vultures or common ravens pursuant to the per-          program or economy, not more than 1 of whom               (9) REPORTS.—Not later than September 30 of
                                              mit.                                                    shall be a representative of the State agency          the first full fiscal year after the date on which
                                              SEC.   104.
                                                        CHRONIC WASTING DISEASE TASK                  with jurisdiction over farmed cervid regulation        the first members of the Task Force are ap-
                                                         FORCE.                                       in the State;                                          pointed, and each September 30 thereafter, the
                                                (a) DEFINITION OF CHRONIC WASTING DIS-                  (v) in the case of each State in which chronic       Task Force shall submit to the Secretary, and
                                              EASE.—In this section, the term ‘‘chronic wast-         wasting disease among elk, mule deer, white-           the heads of the State agencies with jurisdiction
                                              ing disease’’ means the animal disease afflicting       tailed deer, or moose has not been documented,         over wildlife disease and farmed cervid regula-
                                              deer, elk, and moose populations that—                  but that has carried out measures to prevent the       tion of each State with a representatives on the
                                                (1) is a transmissible disease of the nervous         introduction of chronic wasting disease among          Task Force, a report describing—
                                              system resulting in distinctive lesions in the          those species, not more than 2 representatives,           (A) progress on the implementation of actions
                                              brain; and                                              to be nominated by the Governor of the State;          identified in the interstate action plan submitted
                                                (2) belongs to the group of diseases known as           (vi) not more than 2 representatives from an         under paragraph (8)(A), including the efficacy
                                              transmissible     spongiform    encephalopathies,       Indian tribe or tribal organization chosen in a        of funding under the cooperative agreement en-
                                              which group includes scrapie, bovine spongiform         process determined, in consultation with Indian        tered into under paragraph (8)(B);
                                              encephalopathy, and Creutzfeldt-Jakob disease.          tribes, by the Secretary; and                             (B) updated resource requirements that are
                                                (b) ESTABLISHMENT.—                                     (vii) not more than 5 nongovernmental mem-           needed to reduce and eliminate chronic wasting
                                                (1) IN GENERAL.—There is established within           bers with relevant expertise appointed, after the      disease in the United States;
                                              the United States Fish and Wildlife Service a           date on which the members are first appointed             (C) any relevant updates to the recommended
                                              task force, to be known as the ‘‘Chronic Wast-          under clauses (i) through (vi), by a majority          best management practices included in the inter-
                                              ing Disease Task Force’’ (referred to in this sub-      vote of the State representatives appointed            state action plan submitted under paragraph
                                              section as the ‘‘Task Force’’).                         under clause (iv).                                     (8)(B) to reduce or eliminate chronic wasting
                                                (2) DUTIES.—The Task Force shall—                       (B) EFFECT.—Nothing in this paragraph re-            disease;
                                                (A) collaborate with foreign governments to           quires a State to participate in the Task Force.          (D) new research findings and emerging re-
                                              share research, coordinate efforts, and discuss           (4) CO-CHAIRS.—The Co-Chairs of the Task             search needs relating to chronic wasting dis-
                                              best management practices to reduce, minimize,          Force shall be—                                        ease; and
                                              prevent, or eliminate chronic wasting disease in          (A) the Federal representative described in             (E) any other relevant information.
                                              the United States;                                      paragraph (3)(A)(i); and                                  (c) CHRONIC WASTING DISEASE TRANSMISSION
                                                                                                        (B) 1 State representative appointed under           IN CERVIDAE RESOURCE STUDY.—
                                                (B) develop recommendations, including rec-
                                                                                                      paragraph (3)(A)(iv), to be selected by a major-          (1) DEFINITIONS.—In this subsection:
                                              ommendations based on findings of the study
                                                                                                      ity vote of those State representatives.                  (A) ACADEMY.—The term ‘‘Academy’’ means
                                              conducted under subsection (c), and a set of best
                                                                                                        (5) DATE OF INITIAL APPOINTMENT.—                    the National Academy of Sciences.
                                              practices regarding—                                                                                              (B) CERVID.—The term ‘‘cervid’’ means any
                                                                                                        (A) IN GENERAL.—The members of the Task
                                                (i) the interstate coordination of practices to                                                              species within the family Cervidae.
                                                                                                      Force shall be appointed not later than 180 days
                                              prevent the new introduction of chronic wasting                                                                   (C) SECRETARIES.—The term ‘‘Secretaries’’
                                                                                                      after the date on which the study is completed
                                              disease;                                                                                                       means the Secretary of Agriculture, acting
                                                                                                      under subsection (c).
                                                (ii) the prioritization and coordination of the                                                              through the Administrator of the Animal and
                                                                                                        (B) NOTIFICATION.—On appointment of the
                                              future study of chronic wasting disease, based                                                                 Plant Health Inspection Service, and the Sec-
                                                                                                      members of the Task Force, the Co-Chairs of the
                                              on evolving research needs;                                                                                    retary of the Interior, acting through the Direc-
                                                                                                      Task Force shall notify the Chairs and Ranking
                                                (iii) ways to leverage the collective resources                                                              tor of the United States Geological Survey, act-
                                                                                                      Members of the Committees on Environment and
                                              of Federal, State, and local agencies, Indian                                                                  ing jointly.
                                                                                                      Public Works of the Senate and Natural Re-
                                              Tribes, and foreign governments, and resources                                                                    (2) STUDY.—
                                                                                                      sources of the House of Representatives.
                                              from private, nongovernmental entities, to ad-            (6) VACANCIES.—Any vacancy in the members               (A) IN GENERAL.—The Secretaries shall enter
                                              dress chronic wasting disease in the United             appointed to the Task Force—                           into an arrangement with the Academy under
                                              States and along the borders of the United                (A) shall not affect the power or duty of the        which the Academy shall conduct, and submit
                                              States; and                                             Task Force; and                                        to the Secretaries a report describing the find-
                                                (iv) any other area where containment or                (B) shall be filled not later than 30 days after     ings of, a special resource study to identify the
                                              management efforts relating to chronic wasting          the date of the vacancy.                               predominant pathways and mechanisms of the
                                              disease may differ across jurisdictions;                  (7) MEETINGS.—The Task Force shall con-              transmission of chronic wasting disease in wild,
                                                (C) draw from existing and future academic            vene—                                                  captive, and farmed populations of cervids in
                                              and management recommendations to develop                 (A) not less frequently than twice each year;        the United States.




SSpencer on DSK126QN23PROD with HOUSE
                                              an interstate action plan under which States            and                                                       (B) REQUIREMENTS.—The arrangement under
                                              and the United States Fish and Wildlife Service           (B) at such time and place, and by such              subparagraph (A) shall provide that the actual
                                              agree to enact consistent management, edu-              means, as the Co-Chairs of the Task Force de-          expenses incurred by the Academy in con-
                                              cational, and research practices relating to            termine to be appropriate, which may include           ducting the study under subparagraph (A) shall
                                              chronic wasting disease; and                            the use of remote conference technology.               be paid by the Secretaries, subject to the avail-
                                                (D) facilitate the creation of a cooperative            (8) INTERSTATE ACTION PLAN.—                         ability of appropriations.
                                              agreement by which States and relevant Federal            (A) IN GENERAL.—Not later than 1 year after             (3) CONTENTS OF THE STUDY.—The study
                                              agencies agree to commit funds to implement             the date on which the members of the Task              under paragraph (2) shall—




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                        H5205
                                                 (A) with respect to wild, captive, and farmed        and the Committee on Agriculture and the Com-             (i) in subparagraph (A), by striking ‘‘(A) Offi-
                                              populations of cervids in the United States,            mittee on Natural Resources of the House of            cers and employees may not be appointed until
                                              identify—                                               Representatives a report that describes—               the Foundation has sufficient funds to pay
                                                 (i)(I) the pathways and mechanisms for the             (A) the findings of the study; and                   them for their service. Officers’’ and inserting
                                              transmission of chronic wasting disease within            (B) any conclusions and recommendations              the following:
                                              live cervid populations and cervid products,            that the Secretaries determine to be appropriate.         ‘‘(A) IN GENERAL.—Officers’’; and
                                              which may include pathways and mechanisms                 (d) AUTHORIZATION OF APPROPRIATIONS.—                   (ii) by striking subparagraph (B) and insert-
                                              for transmission from Canada;                           There are authorized to be appropriated to carry       ing the following:
                                                 (II) the infection rates for each pathway and        out this section—                                         ‘‘(B) EXECUTIVE DIRECTOR.—The Foundation
                                              mechanism identified under subclause (I); and             (1) for the period of fiscal years 2021 through      shall have an Executive Director who shall be—
                                                 (III) the relative frequency of transmission of      2025, $5,000,000 to the Secretary of the Interior,        ‘‘(i) appointed by, and serve at the direction
                                              each pathway and mechanism identified under                                                                    of, the Board as the chief executive officer of
                                                                                                      acting through the Director of the United States
                                              subclause (I);                                                                                                 the Foundation; and
                                                                                                      Fish and Wildlife Service, to carry out adminis-
                                                                                                                                                                ‘‘(ii) knowledgeable and experienced in mat-
                                                 (ii)(I) anthropogenic and environmental fac-         trative activities under subsection (b);               ters relating to fish and wildlife conservation.’’.
                                              tors contributing to new chronic wasting disease          (2) for fiscal year 2021, $1,200,000 to the Sec-        (2)     CONFORMING        AMENDMENT.—Section
                                              emergence events;                                       retary of the Interior, acting through the Direc-      4(a)(1)(B) of the North American Wetlands Con-
                                                 (II) the development of geographical areas           tor of the United States Geological Survey, to         servation Act (16 U.S.C. 4403(a)(1)(B)) is amend-
                                              with increased chronic wasting disease preva-           carry out activities to fund research under sub-       ed by striking ‘‘Secretary of the Board’’ and in-
                                              lence; and                                              section (c); and                                       serting ‘‘Executive Director of the Board’’.
                                                 (III) the overall geographical patterns of             (3) for fiscal year 2021, $1,200,000 to the Sec-        (b) RIGHTS AND OBLIGATIONS OF FOUNDA-
                                              chronic wasting disease distribution;                   retary of Agriculture, acting through the Ad-          TION.—Section 4 of the National Fish and Wild-
                                                 (iii) significant gaps in current scientific         ministrator of the Animal and Plant Health In-         life Foundation Establishment Act (16 U.S.C.
                                              knowledge regarding the transmission pathways           spection Service, to carry out activities to fund      3703) is amended—
                                              and mechanisms identified under clause (i)(I)           research under subsection (c).                            (1) in subsection (c)—
                                              and potential prevention, detection, and control        SEC. 105. INVASIVE SPECIES.                               (A) by striking ‘‘(c) POWERS.—To carry out its
                                              methods identified under clause (v);                      Section 10 of the Fish and Wildlife Coordina-        purposes under’’ and inserting the following:
                                                 (iv) for prioritization the scientific research                                                                ‘‘(c) POWERS.—
                                                                                                      tion Act (16 U.S.C. 666c–1) is amended—
                                              projects that will address the knowledge gaps             (1) in subsection (c)(2)—                               ‘‘(1) IN GENERAL.—To carry out the purposes
                                              identified under clause (iii), based on the likeli-       (A) in subparagraph (A)—                             described in’’;
                                              hood that a project will contribute significantly                                                                 (B) by redesignating paragraphs (1) through
                                                                                                        (i) by redesignating clauses (i) and (ii) as
                                              to the prevention or control of chronic wasting                                                                (11) as subparagraphs (A) through (K), respec-
                                                                                                      clauses (ii) and (iii), respectively; and
                                              disease; and                                                                                                   tively, and indenting appropriately;
                                                                                                        (ii) by inserting before clause (ii) (as so redes-
                                                 (v) potential prevention, detection, or control                                                                (C) in subparagraph (D) (as redesignated by
                                                                                                      ignated) the following:
                                              measures, practices, or technologies to be used                                                                subparagraph (B)), by striking ‘‘that are in-
                                                                                                        ‘‘(i) relevant Federal agencies;’’;
                                              to mitigate the transmission and spread of                                                                     sured by an agency or instrumentality of the
                                                                                                        (B) by redesignating subparagraphs (B) and
                                              chronic wasting disease in wild, captive, and                                                                  United States’’ and inserting ‘‘at 1 or more fi-
                                                                                                      (C) as subparagraphs (C) and (D), respectively;
                                              farmed populations of cervids in the United                                                                    nancial institutions that are members of the
                                                                                                      and
                                              States;                                                                                                        Federal Deposit Insurance Corporation or the
                                                                                                        (C) by inserting after subparagraph (A) the
                                                 (B) assess the effectiveness of the potential                                                               Securities Investment Protection Corporation’’;
                                                                                                      following:                                                (D) in subparagraph (E) (as redesignated by
                                              prevention, detection, or control measures, prac-         ‘‘(B) in consultation with stakeholders, in-
                                              tices, or technologies identified under subpara-                                                               subparagraph (B)), by striking ‘‘paragraph (3)
                                                                                                      cluding nongovernmental organizations and in-          or (4)’’ and inserting ‘‘subparagraph (C) or
                                              graph (A)(v); and                                       dustry;’’; and
                                                 (C) review and compare science-based best                                                                   (D)’’;
                                                                                                        (2) by adding at the end the following:                 (E) in subparagraph (J) (as redesignated by
                                              practices, standards, and guidance regarding              ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—
                                              the prevention, detection, and management of                                                                   subparagraph (B)), by striking ‘‘and’’ at the
                                                                                                      There are authorized to be appropriated to carry       end;
                                              chronic wasting disease in wild, captive, and           out this section for each of fiscal years 2021
                                              farmed populations of cervids in the United                                                                       (F) by striking subparagraph (K) (as redesig-
                                                                                                      through 2025—                                          nated by subparagraph (B)) and inserting the
                                              States that have been developed by—                       ‘‘(1) $2,500,000 to the Secretary of the Army,
                                                 (i) the National Chronic Wasting Disease Herd                                                               following:
                                                                                                      acting through the Chief of Engineers; and                ‘‘(K) to receive and administer restitution and
                                              Certification Program of the Animal and Plant
                                                                                                        ‘‘(2) $2,500,000 to the Secretary of the Inte-       community service payments, amounts for miti-
                                              Health Inspection Service;
                                                                                                      rior.’’.                                               gation of impacts to natural resources, and
                                                 (ii) the United States Geological Survey;
                                                 (iii) State wildlife and agricultural agencies,      SEC. 106. NORTH AMERICAN WETLANDS CON-                 other amounts arising from legal, regulatory, or
                                                                                                                 SERVATION ACT.                              administrative proceedings, subject to the condi-
                                              in the case of practices, standards, and guid-
                                              ance that provide practical, science-based rec-           Section 7(c) of the North American Wetlands          tion that the amounts are received or adminis-
                                              ommendations to State and Federal agencies for          Conservation Act (16 U.S.C. 4406(c)) is amended        tered for purposes that further the conservation
                                              minimizing or eliminating the risk of trans-            by striking ‘‘not to exceed—’’ in the matter pre-      and management of fish, wildlife, plants, and
                                              mission of chronic wasting disease in the United        ceding paragraph (1) and all that follows              other natural resources; and
                                              States; and                                             through paragraph (5) and inserting ‘‘not to ex-          ‘‘(L) to do acts necessary to carry out the pur-
                                                 (iv) industry or academia, in the case of any        ceed $60,000,000 for each of fiscal years 2021         poses of the Foundation.’’; and
                                                                                                      through 2025.’’.                                          (G) by striking the undesignated matter at the
                                              published guidance on practices that provide
                                                                                                      SEC. 107. NATIONAL FISH AND WILDLIFE FOUN-             end and inserting the following:
                                              practical, science-based recommendations to                                                                       ‘‘(2) TREATMENT OF REAL PROPERTY.—
                                              cervid producers for minimizing or eliminating                      DATION ESTABLISHMENT ACT.
                                                                                                                                                                ‘‘(A) IN GENERAL.—For purposes of this Act,
                                              the risk of transmission of chronic wasting dis-          (a) BOARD OF DIRECTORS OF FOUNDATION.—
                                                                                                                                                             an interest in real property shall be treated as
                                              ease within or between herds.                             (1) IN GENERAL.—Section 3 of the National
                                                                                                                                                             including easements or other rights for preserva-
                                                 (4) DEADLINE.—The study under paragraph              Fish and Wildlife Foundation Establishment Act
                                                                                                                                                             tion, conservation, protection, or enhancement
                                              (2) shall be completed not later than 180 days          (16 U.S.C. 3702) is amended—
                                                                                                                                                             by and for the public of natural, scenic, his-
                                              after the date on which funds are first made              (A) in subsection (b)—
                                                                                                                                                             toric, scientific, educational, inspirational, or
                                              available for the study.                                  (i) by striking paragraph (2) and inserting the
                                                                                                                                                             recreational resources.
                                                 (5) DATA SHARING.—The Secretaries shall              following:                                                ‘‘(B) ENCUMBERED REAL PROPERTY.—A gift,
                                              share with the Academy, as necessary to con-              ‘‘(2) APPOINTMENT OF DIRECTORS.—After con-           devise, or bequest may be accepted by the Foun-
                                              duct the study under paragraph (2), subject to          sulting with the Secretary of Commerce and             dation even though the gift, devise, or bequest is
                                              the avoidance of a violation of a privacy or con-       considering the recommendations submitted by           encumbered, restricted, or subject to beneficial
                                              fidentiality requirement and the protection of          the Board, the Secretary of the Interior shall         interests of private persons if any current or fu-
                                              confidential or privileged commercial, financial,       appoint 28 Directors who, to the maximum ex-           ture interest in the gift, devise, or bequest is for
                                              or proprietary information, data and access to          tent practicable, shall—                               the benefit of the Foundation.
                                              databases on chronic wasting disease under the            ‘‘(A) be knowledgeable and experienced in               ‘‘(3) SAVINGS CLAUSE.—The acceptance and
                                              jurisdiction of—                                        matters relating to the conservation of fish,          administration of amounts by the Foundation
                                                 (A) the Veterinary Services Program of the           wildlife, or other natural resources; and              under paragraph (1)(K) does not alter, super-
                                              Animal and Plant Health Inspection Service;               ‘‘(B) represent a balance of expertise in ocean,     sede, or limit any regulatory or statutory re-




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                                              and                                                     coastal, freshwater, and terrestrial resource con-     quirement associated with those amounts.’’;
                                                 (B) the United States Geological Survey.             servation.’’; and                                         (2) by striking subsections (f) and (g); and
                                                 (6) REPORT.—Not later than 60 days after the           (ii) by striking paragraph (3) and inserting            (3) by redesignating subsections (h) and (i) as
                                              date of completion of the study, the Secretaries        the following:                                         subsections (f) and (g), respectively.
                                              shall submit to the Committee on Agriculture,             ‘‘(3) TERMS.—Each Director (other than a Di-            (c) AUTHORIZATION OF APPROPRIATIONS.—Sec-
                                              Nutrition, and Forestry, the Committee on En-           rector described in paragraph (1)) shall be ap-        tion 10 of the National Fish and Wildlife Foun-
                                              ergy and Natural Resources, and the Committee           pointed for a term of 6 years.’’; and                  dation Establishment Act (16 U.S.C. 3709) is
                                              on Environment and Public Works of the Senate             (B) in subsection (g)(2)—                            amended—




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                                              H5206                                              CONGRESSIONAL RECORD — HOUSE                                                            October 1, 2020
                                                 (1) in subsection (a), by striking paragraph (1)     SEC.    108.   MODIFICATION OF DEFINITION OF               (B) for use and enjoyment by the public.
                                              and inserting the following:                                            SPORT FISHING EQUIPMENT UNDER              (8) SECRETARY.—The term ‘‘Secretary’’ means
                                                                                                                      TOXIC SUBSTANCES CONTROL ACT.           the Secretary of the Interior, acting through the
                                                 ‘‘(1) IN GENERAL.—There are authorized to be
                                              appropriated to carry out this Act for each of            Section 3(2)(B) of the Toxic Substances Con-          Director of the United States Fish and Wildlife
                                              fiscal years 2021 through 2025—                         trol Act (15 U.S.C. 2602(2)(B)) is amended—             Service.
                                                                                                        (1) in clause (v), by striking ‘‘and’’ at the end;       (b) PROGRAM ESTABLISHMENT.—
                                                 ‘‘(A) $15,000,000 to the Secretary of the Inte-
                                                                                                        (2) in clause (vi) by striking the period at the         (1) ESTABLISHMENT.—Not later than 180 days
                                              rior;
                                                                                                      end and inserting ‘‘, and’’; and                        after the date of enactment of this Act, the Sec-
                                                 ‘‘(B) $5,000,000 to the Secretary of Agriculture;      (3) by inserting after clause (vi) the following:
                                              and                                                       ‘‘(vii) any sport fishing equipment (as such          retary shall establish a nonregulatory program,
                                                 ‘‘(C) $5,000,000 to the Secretary of Com-            term is defined in section 4162(a) of the Internal      to be known as the ‘‘Chesapeake Watershed In-
                                              merce.’’;                                               Revenue Code of 1986) the sale of which is sub-         vestments for Landscape Defense program’’.
                                                 (2) in subsection (b)—                                                                                          (2) PURPOSES.—The purposes of the Chesa-
                                                                                                      ject to the tax imposed by section 4161(a) of such
                                                 (A) by striking paragraph (1) and inserting                                                                  peake WILD program include—
                                                                                                      Code (determined without regard to any exemp-
                                              the following:                                                                                                     (A) coordinating restoration and protection
                                                                                                      tions from such tax provided by section 4162 or
                                                 ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.—                                                                        activities among Federal, State, local, and re-
                                                                                                      4221 or any other provision of such Code), and
                                                 ‘‘(A) IN GENERAL.—In addition to the amounts                                                                 gional entities and conservation partners
                                                                                                      sport fishing equipment components.’’.
                                              authorized to be appropriated under subsection                                                                  throughout the Chesapeake Bay watershed;
                                                                                                      SEC. 109. REAUTHORIZATION OF CHESAPEAKE
                                              (a), Federal departments, agencies, or instru-                                                                     (B) engaging other agencies and organizations
                                                                                                                 BAY PROGRAM.
                                              mentalities are authorized to provide funds to                                                                  to build a broader range of partner support, ca-
                                                                                                        Section 117 of the Federal Water Pollution
                                              the Foundation through Federal financial as-                                                                    pacity, and potential funding for projects in the
                                                                                                      Control Act (33 U.S.C. 1267) is amended by strik-
                                              sistance grants and cooperative agreements,                                                                     Chesapeake Bay watershed;
                                                                                                      ing subsection (j) and inserting the following:
                                              subject to the condition that the amounts are             ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—                  (C) carrying out coordinated restoration and
                                              used for purposes that further the conservation         There are authorized to be appropriated to carry        protection activities, and providing for technical
                                              and management of fish, wildlife, plants, and           out this section—                                       assistance, throughout the Chesapeake Bay wa-
                                              other natural resources in accordance with this           ‘‘(1) for fiscal year 2020, $90,000,000;              tershed—
                                              Act.                                                      ‘‘(2) for fiscal year 2021, $90,500,000;                 (i) to sustain and enhance restoration and
                                                 ‘‘(B) ADVANCES.—Federal departments, agen-             ‘‘(3) for fiscal year 2022, $91,000,000;              protection activities;
                                              cies, or instrumentalities may advance amounts            ‘‘(4) for fiscal year 2023, $91,500,000; and             (ii) to improve and maintain water quality to
                                              described in subparagraph (A) to the Founda-              ‘‘(5) for fiscal year 2024, $92,000,000.’’.           support fish and wildlife, habitats of fish and
                                              tion in a lump sum without regard to when the           SEC. 110. REAUTHORIZATION OF CHESAPEAKE                 wildlife, and drinking water for people;
                                              expenses for which the amounts are used are in-
                                                                                                                 BAY INITIATIVE ACT OF 1998.                     (iii) to sustain and enhance water manage-
                                              curred.                                                   Section 502(c) of the Chesapeake Bay Initia-          ment for volume and flood damage mitigation
                                                                                                      tive Act of 1998 (Public Law 105–312; 112 Stat.         improvements to benefit fish and wildlife habi-
                                                 ‘‘(C) MANAGEMENT FEES.—The Foundation
                                                                                                      2963; 129 Stat. 2579; 132 Stat. 691) is amended by      tat;
                                              may assess and collect fees for the management
                                                                                                      striking ‘‘2019’’ and inserting ‘‘2025’’.                  (iv) to improve opportunities for public access
                                              of amounts received under this paragraph.’’;
                                                                                                      SEC.    111.  CHESAPEAKE WATERSHED INVEST-              and recreation in the Chesapeake Bay water-
                                                 (B) in paragraph (2)—
                                                                                                                     MENTS FOR LANDSCAPE DEFENSE.             shed consistent with the ecological needs of fish
                                                 (i) in the paragraph heading, by striking
                                                                                                           (a) DEFINITIONS.—In this section:                  and wildlife habitat;
                                              ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’;                         (1) CHESAPEAKE BAY AGREEMENTS.—The term               (v) to facilitate strategic planning to maximize
                                                 (ii) by striking ‘‘shall be used’’ and inserting     ‘‘Chesapeake Bay agreements’’ means the for-            the resilience of natural ecosystems and habitats
                                              ‘‘may be used’’; and                                    mal, voluntary agreements—                              under changing watershed conditions;
                                                 (iii) by striking ‘‘and State and local govern-         (A) executed to achieve the goal of restoring           (vi) to engage the public through outreach,
                                              ment agencies’’ and inserting ‘‘, State and local       and protecting the Chesapeake Bay watershed             education, and citizen involvement to increase
                                              government agencies, and other entities’’; and          ecosystem and the living resources of the Chesa-        capacity and support for coordinated restora-
                                                 (C) by adding at the end the following:              peake Bay watershed ecosystem; and                      tion and protection activities in the Chesapeake
                                                 ‘‘(3) ADMINISTRATION OF AMOUNTS.—                       (B) signed by the Chesapeake Executive Coun-         Bay watershed;
                                                 ‘‘(A) IN GENERAL.—In entering into contracts,        cil.                                                       (vii) to sustain and enhance vulnerable com-
                                              agreements, or other partnerships pursuant to              (2) CHESAPEAKE BAY PROGRAM.—The term                 munities and fish and wildlife habitat;
                                              this Act, a Federal department, agency, or in-          ‘‘Chesapeake Bay program’’ means the program               (viii) to conserve and restore fish, wildlife,
                                              strumentality shall have discretion to waive any        directed by the Chesapeake Executive Council in         and plant corridors; and
                                              competitive process applicable to the depart-           accordance with the Chesapeake Bay agree-                  (ix) to increase scientific capacity to support
                                              ment, agency, or instrumentality for entering           ments.                                                  the planning, monitoring, and research activi-
                                              into contracts, agreements, or partnerships with           (3) CHESAPEAKE BAY WATERSHED.—The term               ties necessary to carry out coordinated restora-
                                              the Foundation if the purpose of the waiver is—         ‘‘Chesapeake Bay watershed’’ means the region           tion and protection activities.
                                                 ‘‘(i) to address an environmental emergency          that covers—                                               (3) DUTIES.—In carrying out the Chesapeake
                                              resulting from a natural or other disaster; or             (A) the Chesapeake Bay;                              WILD program, the Secretary shall—
                                                 ‘‘(ii) as determined by the head of the applica-        (B) the portions of the States of Delaware,
                                                                                                                                                                 (A) draw on existing plans for the Chesapeake
                                              ble Federal department, agency, or instrumen-           Maryland, New York, Pennsylvania, Virginia,
                                                                                                                                                              Bay watershed, or portions of the Chesapeake
                                              tality, to reduce administrative expenses and ex-       and West Virginia that drain into the Chesa-
                                                                                                                                                              Bay watershed, including the Chesapeake Bay
                                              pedite the conservation and management of fish,         peake Bay; and
                                                                                                                                                              agreements, and work in consultation with ap-
                                              wildlife, plants, and other natural resources.             (C) the District of Columbia.
                                                                                                         (4) CHESAPEAKE EXECUTIVE COUNCIL.—The                plicable management entities, including Chesa-
                                                 ‘‘(B) REPORTS.—The Foundation shall include                                                                  peake Bay program partners, such as the Fed-
                                              in the annual report submitted under section            term ‘‘Chesapeake Executive Council’’ means
                                                                                                      the council comprised of—                               eral Government, State and local governments,
                                              7(b) a description of any use of the authority                                                                  the Chesapeake Bay Commission, and other re-
                                                                                                         (A) the Governors of each of the States of
                                              under subparagraph (A) by a Federal depart-                                                                     gional organizations, as appropriate, to iden-
                                                                                                      Delaware, Maryland, New York, Pennsylvania,
                                              ment, agency, or instrumentality in that fiscal                                                                 tify, prioritize, and implement restoration and
                                                                                                      Virginia, and West Virginia;
                                              year.’’; and                                                                                                    protection activities within the Chesapeake Bay
                                                                                                         (B) the Mayor of the District of Columbia;
                                                 (3) by adding at the end the following:                 (C) the Chair of the Chesapeake Bay Commis-          watershed;
                                                 ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF          sion; and                                                  (B) adopt a Chesapeake Bay watershed-wide
                                              MONEY OR OTHER PROPERTY.—Any gifts, de-                    (D) the Administrator of the Environmental           strategy that—
                                              vises, or bequests of amounts or other property,        Protection Agency.                                         (i) supports the implementation of a shared set
                                              or any other amounts or other property, trans-             (5) CHESAPEAKE WILD PROGRAM.—The term                of science-based restoration and protection ac-
                                              ferred to, deposited with, or otherwise in the          ‘‘Chesapeake WILD program’’ means the non-              tivities developed in accordance with subpara-
                                              possession of the Foundation pursuant to this           regulatory program established by the Secretary         graph (A); and
                                              Act, may be made available by the Foundation            under subsection (b)(1).                                   (ii) targets cost-effective projects with measur-
                                              to Federal departments, agencies, or instrumen-            (6) GRANT PROGRAM.—The term ‘‘grant pro-             able results; and
                                              talities and may be accepted and expended (or           gram’’ means the Chesapeake Watershed Invest-              (C) establish the grant program in accordance
                                              the disposition of the amounts or property di-          ments for Landscape Defense grant program es-           with subsection (c).
                                              rected), without further appropriation, by those        tablished by the Secretary under subsection                (4)    COORDINATION.—In        establishing   the
                                              Federal departments, agencies, or instrumental-         (c)(1).                                                 Chesapeake WILD program, the Secretary shall




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                                              ities, subject to the condition that the amounts           (7) RESTORATION AND PROTECTION ACTIVITY.—            consult, as appropriate, with—
                                              or property be used for purposes that further the       The term ‘‘restoration and protection activity’’           (A) the heads of Federal agencies, including—
                                              conservation and management of fish, wildlife,          means an activity carried out for the conserva-            (i) the Administrator of the Environmental
                                              plants, and other natural resources.’’.                 tion, stewardship, and enhancement of habitat           Protection Agency;
                                                 (d) LIMITATION ON AUTHORITY.—Section 11 of           for fish and wildlife—                                     (ii) the Administrator of the National Oceanic
                                              the National Fish and Wildlife Foundation Es-              (A) to preserve and improve ecosystems and           and Atmospheric Administration;
                                              tablishment Act (16 U.S.C. 3710) is amended by          ecological processes on which the fish and wild-           (iii) the Chief of the Natural Resources Con-
                                              inserting ‘‘exclusive’’ before ‘‘authority’’.           life depend; and                                        servation Service;




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                       H5207
                                                (iv) the Chief of Engineers;                          TITLE II—NATIONAL FISH HABITAT CON-                      (A) the Atlantic States Marine Fisheries Com-
                                                (v) the Director of the United States Geologi-          SERVATION THROUGH PARTNERSHIPS                       mission;
                                              cal Survey;                                             SEC. 201. PURPOSE.                                       (B) the Gulf States Marine Fisheries Commis-
                                                (vi) the Secretary of Transportation;                    The purpose of this title is to encourage part-     sion; and
                                                (vii) the Chief of the Forest Service; and                                                                     (C) the Pacific States Marine Commission.
                                                                                                      nerships among public agencies and other inter-
                                                (viii) the head of any other applicable agency;                                                                (10) SECRETARY.—The term ‘‘Secretary’’ means
                                                                                                      ested persons to promote fish conservation—
                                                (B) the Governors of each of the States of                                                                   the Secretary of the Interior.
                                                                                                         (1) to achieve measurable habitat conservation
                                              Delaware, Maryland, New York, Pennsylvania,                                                                      (11) STATE.—The term ‘‘State’’ means each of
                                                                                                      results through strategic actions of Fish Habitat
                                              Virginia, and West Virginia and the Mayor of                                                                   the several States, Puerto Rico, American
                                                                                                      Partnerships that lead to better fish habitat
                                              the District of Columbia;                                                                                      Samoa, Guam, the Northern Mariana Islands,
                                                                                                      conditions and increased fishing opportunities
                                                (C) fish and wildlife joint venture partner-                                                                 the United States Virgin Islands, and the Dis-
                                                                                                      by—
                                              ships; and                                                                                                     trict of Columbia.
                                                                                                         (A) improving ecological conditions;
                                                (D) other public agencies and organizations                                                                    (12) STATE AGENCY.—The term ‘‘State agency’’
                                                                                                         (B) restoring natural processes; or
                                              with authority for the planning and implemen-                                                                  means—
                                                                                                         (C) preventing the decline of intact and
                                              tation of conservation strategies in the Chesa-                                                                  (A) the fish and wildlife agency of a State;
                                                                                                      healthy systems;
                                              peake Bay watershed.                                                                                           and
                                                                                                         (2) to establish a consensus set of national
                                                (c) GRANTS AND TECHNICAL ASSISTANCE.—                                                                          (B) any department or division of a depart-
                                                                                                      conservation strategies as a framework to guide
                                                (1) CHESAPEAKE WILD GRANT PROGRAM.—To                                                                        ment or agency of a State that manages in the
                                                                                                      future actions and investment by Fish Habitat
                                              the extent that funds are made available to                                                                    public trust the inland or marine fishery re-
                                                                                                      Partnerships;
                                              carry out this subsection, the Secretary shall es-                                                             sources of the State or sustains the habitat for
                                                                                                         (3) to broaden the community of support for
                                              tablish and carry out, as part of the Chesapeake                                                               those fishery resources pursuant to State law or
                                                                                                      fish habitat conservation by—
                                              WILD program, a voluntary grant and technical                                                                  the constitution of the State.
                                                                                                         (A) increasing fishing opportunities;
                                              assistance program, to be known as the ‘‘Chesa-                                                                SEC. 203. NATIONAL FISH HABITAT BOARD.
                                                                                                         (B) fostering the participation of local commu-
                                              peake Watershed Investments for Landscape De-                                                                    (a) ESTABLISHMENT.—
                                                                                                      nities, especially young people in local commu-
                                              fense grant program’’, to provide competitive                                                                    (1) FISH HABITAT BOARD.—There is established
                                                                                                      nities, in conservation activities; and
                                              matching grants of varying amounts and tech-                                                                   a board, to be known as the ‘‘National Fish
                                                                                                         (C) raising public awareness of the role
                                              nical assistance to eligible entities described in                                                             Habitat Board’’, whose duties are—
                                                                                                      healthy fish habitat play in the quality of life
                                              paragraph (2) to carry out activities described in                                                                (A) to promote, oversee, and coordinate the
                                                                                                      and economic well-being of local communities;
                                              subsection (b)(2).                                                                                             implementation of this title;
                                                                                                         (4) to fill gaps in the National Fish Habitat
                                                (2) ELIGIBLE ENTITIES.—The following entities                                                                   (B) to establish national goals and priorities
                                                                                                      Assessment and the associated database of the
                                              are eligible to receive a grant and technical as-                                                              for fish habitat conservation;
                                                                                                      National Fish Habitat Assessment—
                                              sistance under the grant program:                                                                                 (C) to recommend to Congress entities for des-
                                                                                                         (A) to empower strategic conservation actions
                                                (A) A State.                                                                                                 ignation as Partnerships; and
                                                                                                      supported by broadly available scientific infor-
                                                (B) The District of Columbia.                                                                                   (D) to review and make recommendations re-
                                                (C) A unit of local government.                       mation; and
                                                                                                         (B) to integrate socioeconomic data in the          garding fish habitat conservation projects.
                                                (D) A nonprofit organization.                                                                                   (2) MEMBERSHIP.—The Board shall be com-
                                                (E) An institution of higher education.               analysis to improve the lives of humans in a
                                                                                                      manner consistent with fish habitat conserva-          posed of 26 members, of whom—
                                                (F) Any other entity that the Secretary deter-                                                                  (A) one shall be a representative of the De-
                                              mines to be appropriate in accordance with the          tion goals; and
                                                                                                         (5) to communicate to the public and con-           partment of the Interior;
                                              criteria established under paragraph (3).                                                                         (B) one shall be a representative of the United
                                                (3) CRITERIA.—The Secretary, in consultation          servation partners—
                                                                                                         (A) the conservation outcomes produced col-         States Geological Survey;
                                              with officials and entities described in sub-                                                                     (C) one shall be a representative of the De-
                                              section (b)(4), shall establish criteria for the        lectively by Fish Habitat Partnerships; and
                                                                                                         (B) new opportunities and voluntary ap-             partment of Commerce;
                                              grant program to help ensure that activities                                                                      (D) one shall be a representative of the De-
                                              funded under this subsection—                           proaches for conserving fish habitat.
                                                                                                                                                             partment of Agriculture;
                                                (A) accomplish 1 or more of the purposes de-          SEC. 202. DEFINITIONS.
                                                                                                                                                                (E) one shall be a representative of the Asso-
                                              scribed in subsection (b)(2); and                          In this title:                                      ciation of Fish and Wildlife Agencies;
                                                (B) advance the implementation of priority ac-           (1) APPROPRIATE CONGRESSIONAL COMMIT-                  (F) four shall be representatives of State agen-
                                              tions or needs identified in the Chesapeake Bay         TEES.—The term ‘‘appropriate congressional             cies, one of whom shall be nominated by a re-
                                              watershed-wide strategy adopted under sub-              committees’’ means—                                    gional association of fish and wildlife agencies
                                              section (b)(3)(B).                                         (A) the Committee on Commerce, Science, and         from each of the Northeast, Southeast, Midwest,
                                                (4) COST SHARING.—                                    Transportation and the Committee on Environ-           and Western regions of the United States;
                                                (A) DEPARTMENT OF THE INTERIOR SHARE.—                ment and Public Works of the Senate; and                  (G) two shall be representatives of either—
                                              The Department of the Interior share of the cost           (B) the Committee on Natural Resources of the          (i) Indian Tribes in the State of Alaska; or
                                              of a project funded under the grant program             House of Representatives.                                 (ii) Indian Tribes in States other than the
                                              shall not exceed 50 percent of the total cost of           (2) BOARD.—The term ‘‘Board’’ means the Na-         State of Alaska;
                                              the project, as determined by the Secretary.            tional Fish Habitat Board established by section          (H) one shall be a representative of either—
                                                (B) NON-DEPARTMENT OF THE INTERIOR                    203.                                                      (i) the Regional Fishery Management Coun-
                                              SHARE.—                                                    (3) DIRECTOR.—The term ‘‘Director’’ means           cils established under section 302 of the Magnu-
                                                (i) IN GENERAL.—The non-Department of the             the Director of the United States Fish and Wild-       son-Stevens Fishery Conservation and Manage-
                                              Interior share of the cost of a project funded          life Service.                                          ment Act (16 U.S.C. 1852); or
                                              under the grant program may be provided in                 (4) ENVIRONMENTAL PROTECTION AGENCY AS-                (ii) a representative of the Marine Fisheries
                                              cash or in the form of an in-kind contribution of       SISTANT ADMINISTRATOR.—The term ‘‘Environ-             Commissions;
                                              services or materials.                                  mental Protection Agency Assistant Adminis-               (I) one shall be a representative of the
                                                (ii) OTHER FEDERAL FUNDING.—Non-Depart-               trator’’ means the Assistant Administrator for         Sportfishing and Boating Partnership Council;
                                              ment of the Interior Federal funds may be used          Water of the Environmental Protection Agency.             (J) seven shall be representatives selected from
                                              for not more than 25 percent of the total cost of          (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’         at least one from each of the following:
                                              a project funded under the grant program.               has the meaning given to the term ‘‘Indian                (i) the recreational sportfishing industry;
                                                (5) ADMINISTRATION.—The Secretary may                 tribe’’ in section 4 of the Indian Self-Determina-        (ii) the commercial fishing industry;
                                              enter into an agreement to manage the grant             tion and Education Assistance Act (25 U.S.C.              (iii) marine recreational anglers;
                                              program with an organization that offers grant          5304).                                                    (iv) freshwater recreational anglers;
                                              management services.                                       (6) NATIONAL OCEANIC AND ATMOSPHERIC AD-               (v) habitat conservation organizations; and
                                                (d) REPORTING.—Not later than 180 days after          MINISTRATION ASSISTANT ADMINISTRATOR.—The                 (vi) science-based fishery organizations;
                                              the date of enactment of this Act, and annually         term ‘‘National Oceanic and Atmospheric Ad-               (K) one shall be a representative of a national
                                              thereafter, the Secretary shall submit to Con-          ministration Assistant Administrator’’ means           private landowner organization;
                                              gress a report describing the implementation of         the Assistant Administrator for Fisheries of the          (L) one shall be a representative of an agricul-
                                              this section, including a description of each           National Oceanic and Atmospheric Administra-           tural production organization;
                                              project that has received funding under this sec-       tion.                                                     (M) one shall be a representative of local gov-
                                              tion.                                                      (7) PARTNERSHIP.—The term ‘‘Partnership’’           ernment interests involved in fish habitat res-
                                                (e) AUTHORIZATION OF APPROPRIATIONS.—                 means an entity designated by Congress as a            toration;




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                                                (1) IN GENERAL.—There is authorized to be ap-         Fish Habitat Partnership under section 204.               (N) two shall be representatives from different
                                              propriated to carry out this section $15,000,000           (8) REAL PROPERTY INTEREST.—The term ‘‘real         sectors of corporate industries, which may in-
                                              for each of fiscal years 2021 through 2025.             property interest’’ means an ownership interest        clude—
                                                (2) SUPPLEMENT, NOT SUPPLANT.—Funds made              in—                                                       (i) natural resource commodity interests, such
                                              available under paragraph (1) shall supplement,            (A) land; or                                        as petroleum or mineral extraction;
                                              and not supplant, funding for other activities             (B) water (including water rights).                    (ii) natural resource user industries; and
                                              conducted by the Secretary in the Chesapeake               (9) MARINE FISHERIES COMMISSIONS.—The term             (iii) industries with an interest in fish and
                                              Bay watershed.                                          ‘‘Marine Fisheries Commissions’’ means—                fish habitat conservation; and




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                                              H5208                                              CONGRESSIONAL RECORD — HOUSE                                                          October 1, 2020
                                                (O) one shall be a leadership private sector or         (A) a requirement that a quorum of the mem-          nership submitted under subsection (c) if the
                                              landowner representative of an active partner-          bers of the Board be present to transact busi-         Board determines that the applicant—
                                              ship.                                                   ness;                                                    (1) meets the criteria described in subsection
                                                (3) COMPENSATION.—A member of the Board                 (B) a requirement that no recommendations            (c)(2);
                                              shall serve without compensation.                       may be adopted by the Board, except by the vote          (2) identifies representatives to provide sup-
                                                (4) TRAVEL EXPENSES.—A member of the Board            of two-thirds of all members;                          port and technical assistance to the Partnership
                                              may be allowed travel expenses, including per             (C) procedures for establishing national goals       from a diverse group of public and private part-
                                              diem in lieu of subsistence, at rates authorized        and priorities for fish habitat conservation for       ners, which may include State or local govern-
                                              for an employee of an agency under subchapter           the purposes of this title;                            ments, nonprofit entities, Indian Tribes, and
                                              I of chapter 57 of title 5, United States Code,           (D) procedures for designating Partnerships          private individuals, that are focused on con-
                                              while away from the home or regular place of            under section 204; and                                 servation of fish habitats to achieve results
                                              business of the member in the performance of              (E) procedures for reviewing, evaluating, and        across jurisdictional boundaries on public and
                                              the duties of the Board.                                making recommendations regarding fish habitat          private land;
                                                (b) APPOINTMENT AND TERMS.—                           conservation projects.                                   (3) is organized to promote the health of im-
                                                (1) IN GENERAL.—Except as otherwise provided            (2) QUORUM.—A majority of the members of             portant fish species and important fish habitats,
                                              in this section, a member of the Board described        the Board shall constitute a quorum.                   including reservoirs, natural lakes, coastal and
                                              in any of subparagraphs (F) through (O) of sub-                                                                marine environments, coral reefs, and estuaries;
                                                                                                      SEC. 204. FISH HABITAT PARTNERSHIPS.
                                              section (a)(2) shall serve for a term of 3 years.                                                                (4) identifies strategic fish and fish habitat
                                                                                                        (a) AUTHORITY TO RECOMMEND.—The Board                priorities for the Partnership area in the form of
                                                (2) INITIAL BOARD MEMBERSHIP.—                        may recommend to Congress the designation of
                                                (A) IN GENERAL.—The initial Board shall con-                                                                 geographical focus areas or key stressors or im-
                                                                                                      Fish Habitat Partnerships in accordance with           pairments to facilitate strategic planning and
                                              sist of representatives as described in subpara-        this section.
                                              graphs (A) through (F) of subsection (a)(2).                                                                   decision making;
                                                                                                         (b) PURPOSES.—The purposes of a Partnership           (5) is able to address issues and priorities on
                                                (B) REMAINING MEMBERS.—Not later than 60
                                                                                                      shall be—                                              a nationally significant scale;
                                              days after the date of enactment of this Act, the
                                                                                                         (1) to work with other regional habitat con-          (6) includes a governance structure that—
                                              representatives of the initial Board under sub-                                                                  (A) reflects the range of all partners; and
                                                                                                      servation programs to promote cooperation and
                                              paragraph (A) shall appoint the remaining                                                                        (B) promotes joint strategic planning and de-
                                                                                                      coordination to enhance fish populations and
                                              members of the Board described in subpara-                                                                     cision making by the applicant;
                                                                                                      fish habitats;
                                              graphs (H) through (O) of subsection (a)(2).                                                                     (7) demonstrates completion of, or significant
                                                                                                         (2) to engage local and regional communities
                                                (C) TRIBAL REPRESENTATIVES.—Not later than                                                                   progress toward the development of, a strategic
                                                                                                      to build support for fish habitat conservation;
                                              60 days after the enactment of this Act, the Sec-                                                              plan to address declines in fish populations,
                                                                                                         (3) to involve diverse groups of public and pri-
                                              retary shall provide to the Board a recommenda-                                                                rather than simply treating symptoms, in ac-
                                                                                                      vate partners;
                                              tion of not fewer than three Tribal representa-                                                                cordance with the goals and national priorities
                                                                                                         (4) to develop collaboratively a strategic vision
                                              tives, from which the Board shall appoint one                                                                  established by the Board; and
                                                                                                      and achievable implementation plan that is sci-
                                              representative pursuant to subparagraph (G) of                                                                   (8) promotes collaboration in developing a
                                                                                                      entifically sound;
                                              subsection (a)(2).                                                                                             strategic vision and implementation program
                                                                                                         (5) to leverage funding from sources that sup-
                                                (3) STAGGERED TERMS.—Of the members de-                                                                      that is scientifically sound and achievable.
                                                                                                      port local and regional partnerships;
                                              scribed in subsection (a)(2)(J) initially appointed                                                              (e) REPORT TO CONGRESS.—
                                                                                                         (6) to use adaptive management principles, in-
                                              to the Board—                                                                                                    (1) IN GENERAL.—Not later than February 1 of
                                                                                                      cluding evaluation of project success and
                                                (A) two shall be appointed for a term of 1                                                                   the first fiscal year beginning after the date of
                                                                                                      functionality;
                                              year;                                                                                                          enactment of this Act and each February 1
                                                                                                         (7) to develop appropriate local or regional
                                                (B) two shall be appointed for a term of 2                                                                   thereafter, the Board shall develop and submit
                                                                                                      habitat evaluation and assessment measures
                                              years; and                                                                                                     to the appropriate congressional committees an
                                                (C) three shall be appointed for a term of 3          and criteria that are compatible with national
                                                                                                                                                             annual report, to be entitled ‘‘Report to Con-
                                              years.                                                  habitat condition measures; and
                                                                                                                                                             gress on Future Fish Habitat Partnerships and
                                                (4) VACANCIES.—                                          (8) to implement local and regional priority
                                                                                                                                                             Modifications’’, that—
                                                (A) IN GENERAL.—A vacancy of a member of              projects that improve conditions for fish and            (A) identifies each entity that—
                                              the Board described in subparagraph (H), (I),           fish habitat.                                            (i) meets the requirements described in sub-
                                              (J), (K), (L), (M), (N), or (O) of subsection (a)(2)       (c) CRITERIA FOR DESIGNATION.—An entity             section (d); and
                                              shall be filled by an appointment made by the           seeking to be designated by Congress as a Part-          (ii) the Board recommends to Congress for des-
                                              remaining members of the Board.                         nership shall—                                         ignation as a Partnership;
                                                (B) TRIBAL REPRESENTATIVES.—Following a                  (1) submit to the Board an application at such        (B) describes any proposed modifications to a
                                              vacancy of a member of the Board described in           time, in such manner, and containing such in-          Partnership previously designated by Congress
                                              subparagraph (G) of subsection (a)(2), the Sec-         formation as the Board may reasonably require;         under subsection (f);
                                              retary shall recommend to the Board a list of           and                                                      (C) with respect to each entity recommended
                                              not fewer than three Tribal representatives,               (2) demonstrate to the Board that the entity        for designation as a Partnership, describes, to
                                              from which the remaining members of the Board           has—                                                   the maximum extent practicable—
                                                                                                         (A) a focus on promoting the health of impor-         (i) the purpose of the recommended Partner-
                                              shall appoint a representative to fill the va-
                                                                                                      tant fish and fish habitats;                           ship; and
                                              cancy.                                                                                                           (ii) how the recommended Partnership fulfills
                                                (5) CONTINUATION OF SERVICE.—An individual               (B) an ability to coordinate the implementa-
                                                                                                      tion of priority projects that support the goals       the requirements described in subsection (d).
                                              whose term of service as a member of the Board                                                                   (2) PUBLIC AVAILABILITY; NOTIFICATION.—The
                                              expires may continue to serve on the Board              and national priorities set by the Board that are
                                                                                                      within the Partnership boundary;                       Board shall—
                                              until a successor is appointed.                                                                                  (A) make the report publicly available, includ-
                                                (6) REMOVAL.—If a member of the Board de-                (C) a self-governance structure that supports
                                                                                                      the implementation of strategic priorities for fish    ing on the internet; and
                                              scribed in any of subparagraphs (H) through                                                                      (B) provide to the appropriate congressional
                                              (O) of subparagraph (a)(2) misses three consecu-        habitat;
                                                                                                                                                             committees and the State agency of any State
                                              tive regularly scheduled Board meetings, the               (D) the ability to develop local and regional
                                                                                                                                                             included in a recommended Partnership area
                                              members of the Board may—                               relationships with a broad range of entities to
                                                                                                                                                             written notification of the public availability of
                                                (A) vote to remove that member; and                   further strategic priorities for fish and fish habi-
                                                                                                                                                             the report.
                                                (B) appoint another individual in accordance          tat;                                                     (f) DESIGNATION OR MODIFICATION OF PART-
                                              with paragraph (4).                                        (E) a strategic plan that details required in-      NERSHIP.—Congress shall have the exclusive au-
                                                (c) CHAIRPERSON.—                                     vestments for fish habitat conservation that ad-       thority to designate or modify a Partnership.
                                                (1) IN GENERAL.—The representative of the As-         dresses the strategic fish habitat priorities of the     (g) EXISTING PARTNERSHIPS.—
                                              sociation of Fish and Wildlife Agencies ap-             Partnership and supports and meets the stra-             (1) DESIGNATION REVIEW.—Not later than 5
                                              pointed under subsection (a)(2)(E) shall serve as       tegic priorities of the Board;                         years after the date of enactment of this Act,
                                              Chairperson of the Board.                                  (F) the ability to develop and implement fish       any partnership receiving Federal funds as of
                                                (2) TERM.—The Chairperson of the Board                habitat conservation projects that address stra-       the date of enactment of this Act shall be sub-
                                              shall serve for a term of 3 years.                      tegic priorities of the Partnership and the            ject to a designation review by Congress in
                                                (d) MEETINGS.—                                        Board; and                                             which Congress shall have the opportunity to
                                                (1) IN GENERAL.—The Board shall meet—                    (G) the ability to develop fish habitat con-        designate the partnership under subsection (f).
                                                (A) at the call of the Chairperson; but               servation priorities based on sound science and          (2) INELIGIBILITY FOR FEDERAL FUNDS.—A




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                                                (B) not less frequently than twice each cal-          data, the ability to measure the effectiveness of      partnership referred to in paragraph (1) that
                                              endar year.                                             fish habitat projects of the Partnership, and a        Congress does not designate as described in that
                                                (2) PUBLIC ACCESS.—All meetings of the Board          clear plan as to how Partnership science and           paragraph shall be ineligible to receive Federal
                                              shall be open to the public.                            data components will be integrated with the            funds under this title.
                                                (e) PROCEDURES.—                                      overall Board science and data effort.                 SEC.    205.FISH   HABITAT CONSERVATION
                                                (1) IN GENERAL.—The Board shall establish                (d) REQUIREMENTS FOR RECOMMENDATION TO                        PROJECTS.
                                              procedures to carry out the business of the             CONGRESS.—The Board may recommend to Con-                (a) SUBMISSION TO BOARD.—Not later than
                                              Board, including—                                       gress for designation an application for a Part-       March 31 of each year, each Partnership shall




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                      H5209
                                              submit to the Board a list of priority fish habitat       (B) to reflect appropriate changes to the fish       funds not derived from another Federal grant
                                              conservation projects recommended by the Part-          habitat conservation project if the assessment         program to pay such non-Federal share, or por-
                                              nership for annual funding under this title.            substantiates that the fish habitat conservation       tion of the non-Federal share, without the use
                                                 (b) RECOMMENDATIONS BY BOARD.—Not later              project objectives are not being met;                  of loans.
                                              than July 1 of each year, the Board shall submit          (C) to identify improvements to existing fish           (f) APPROVAL.—
                                              to the Secretary a priority list of fish habitat        populations, recreational fishing opportunities,          (1) IN GENERAL.—Not later than 90 days after
                                              conservation projects that includes a descrip-          and the overall economic benefits for the local        the date of receipt of the recommended priority
                                              tion, including estimated costs, of each project        community of the fish habitat conservation             list of fish habitat conservation projects under
                                              that the Board recommends that the Secretary            project; and                                           subsection (b), and subject to subsection (d) and
                                              approve and fund under this title for the fol-            (D) to require the submission to the Board of        based, to the maximum extent practicable, on
                                              lowing fiscal year.                                     a report describing the findings of the assess-        the criteria described in subsection (c), the Sec-
                                                 (c) CRITERIA FOR PROJECT SELECTION.—The              ment.                                                  retary, after consulting with the Secretary of
                                              Board shall select each fish habitat conserva-            (2) ACQUISITION AUTHORITIES.—                        Commerce on marine or estuarine projects, shall
                                              tion project recommended to the Secretary under           (A) IN GENERAL.—A State, local government,           approve or reject any fish habitat conservation
                                              subsection (b) after taking into consideration, at      or other non-Federal entity is eligible to receive     project recommended by the Board.
                                              a minimum, the following information:                   funds for the acquisition of real property from           (2) FUNDING.—If the Secretary approves a fish
                                                 (1) A recommendation of the Partnership that         willing sellers under this title if the acquisition    habitat conservation project under paragraph
                                              is, or will be, participating actively in imple-        ensures—                                               (1), the Secretary shall use amounts made avail-
                                              menting the fish habitat conservation project.            (i) public access for fish and wildlife-depend-      able to carry out this title to provide funds to
                                                 (2) The capabilities and experience of project       ent recreation; or                                     carry out the fish habitat conservation project.
                                              proponents to implement successfully the pro-             (ii) a scientifically based, direct enhancement         (3) NOTIFICATION.—If the Secretary rejects
                                              posed project.                                          to the health of fish and fish populations, as de-     under paragraph (1) any fish habitat conserva-
                                                 (3) The extent to which the fish habitat con-        termined by the Board.                                 tion project recommended by the Board, not
                                              servation project—                                        (B) STATE AGENCY APPROVAL.—                          later than 90 days after the date of receipt of
                                                 (A) fulfills a local or regional priority that is      (i) IN GENERAL.—All real property interest ac-       the recommendation, the Secretary shall provide
                                              directly linked to the strategic plan of the Part-      quisition projects funded under this title must be     to the Board, the appropriate Partnership, and
                                              nership and is consistent with the purpose of           approved by the State agency in the State in           the appropriate congressional committees a writ-
                                              this title;                                             which the project is occurring.                        ten statement of the reasons that the Secretary
                                                 (B) addresses the national priorities estab-           (ii) PROHIBITION.—The Board may not rec-             rejected the fish habitat conservation project.
                                              lished by the Board;                                    ommend, and the Secretary may not provide any          SEC. 206. TECHNICAL AND SCIENTIFIC ASSIST-
                                                 (C) is supported by the findings of the habitat      funding for, any real property interest acquisi-                  ANCE.
                                              assessment of the Partnership or the Board, and         tion that has not been approved by the State             (a) IN GENERAL.—The Director, the National
                                              aligns or is compatible with other conservation         agency.                                                Oceanic and Atmospheric Administration Assist-
                                              plans;                                                    (C) ASSESSMENT OF OTHER AUTHORITIES.—The             ant Administrator, the Environmental Protec-
                                                 (D) identifies appropriate monitoring and            Board may not recommend, and the Secretary             tion Agency Assistant Administrator, and the
                                              evaluation measures and criteria that are com-          may not provide any funding under this title           Director of the United States Geological Survey,
                                              patible with national measures;                         for, any real property interest acquisition unless     in coordination with the Forest Service and
                                                 (E) provides a well-defined budget linked to         the Partnership that recommended the project           other appropriate Federal departments and
                                              deliverables and outcomes;                              has conducted a project assessment, submitted          agencies, may provide scientific and technical
                                                 (F) leverages other funds to implement the           with the funding request and approved by the           assistance to Partnerships, participants in fish
                                              project;                                                Board, to demonstrate all other Federal, State,        habitat conservation projects, and the Board.
                                                 (G) addresses the causes and processes behind        and local authorities for the acquisition of real        (b) INCLUSIONS.—Scientific and technical as-
                                              the decline of fish or fish habitats; and               property have been exhausted.                          sistance provided under subsection (a) may in-
                                                 (H) includes an outreach or education compo-           (D) RESTRICTIONS.—A real property interest           clude—
                                              nent that includes the local or regional commu-         may not be acquired pursuant to a fish habitat           (1) providing technical and scientific assist-
                                              nity.                                                   conservation project by a State, local govern-         ance to States, Indian Tribes, regions, local
                                                 (4) The availability of sufficient non-Federal       ment, or other non-Federal entity conducted            communities, and nongovernmental organiza-
                                              funds to match Federal contributions for the            with funds provided under this title, unless—          tions in the development and implementation of
                                              fish habitat conservation project, as required by         (i) the owner of the real property authorizes        Partnerships;
                                              subsection (e).                                         the State, local government, or other non-Fed-           (2) providing technical and scientific assist-
                                                 (5) The extent to which the fish habitat con-        eral entity to acquire the real property; and          ance to Partnerships for habitat assessment,
                                              servation project—                                        (ii) the Secretary and the Board determine           strategic planning, and prioritization;
                                                 (A) will increase fish populations in a manner       that the State, local government, or other non-          (3) supporting the development and implemen-
                                              that leads to recreational fishing opportunities        Federal entity would benefit from undertaking          tation of fish habitat conservation projects that
                                              for the public;                                         the management of the real property being ac-          are identified as high priorities by Partnerships
                                                 (B) will be carried out through a cooperative        quired because that is in accordance with the          and the Board;
                                              agreement among Federal, State, and local gov-          goals of a Partnership.                                  (4) supporting and providing recommendations
                                              ernments, Indian Tribes, and private entities;            (e) NON-FEDERAL CONTRIBUTIONS.—                      regarding the development of science-based
                                                 (C) increases public access to land or water           (1) IN GENERAL.—Except as provided in para-          monitoring and assessment approaches for im-
                                              for fish and wildlife-dependent recreational op-        graphs (2) and (4), no fish habitat conservation       plementation through Partnerships;
                                              portunities;                                            project may be recommended by the Board                  (5) supporting and providing recommendations
                                                 (D) advances the conservation of fish and            under subsection (b) or provided financial as-         for a national fish habitat assessment;
                                              wildlife species that have been identified by a         sistance under this title unless at least 50 per-        (6) ensuring the availability of experts to as-
                                              State agency as species of greatest conservation        cent of the cost of the fish habitat conservation      sist in conducting scientifically based evalua-
                                              need;                                                   project will be funded with non-Federal funds.         tion and reporting of the results of fish habitat
                                                 (E) where appropriate, advances the conserva-          (2) NON-FEDERAL SHARE.—Such non-Federal              conservation projects; and
                                              tion of fish and fish habitats under the Magnu-         share of the cost of a fish habitat conservation         (7) providing resources to secure State agency
                                              son-Stevens Fishery Conservation and Manage-            project—                                               scientific and technical assistance to support
                                              ment Act (16 U.S.C. 1801 et seq.) and other rel-          (A) may not be derived from another Federal          Partnerships, participants in fish habitat con-
                                              evant Federal law and State wildlife action             grant program; and                                     servation projects, and the Board.
                                              plans; and                                                (B) may include in-kind contributions and            SEC. 207. COORDINATION WITH STATES AND IN-
                                                 (F) promotes strong and healthy fish habitats        cash.                                                              DIAN TRIBES.
                                              so that desired biological communities are able           (3) SPECIAL RULE FOR INDIAN TRIBES.—Not-               The Secretary shall provide a notice to, and
                                              to persist and adapt.                                   withstanding paragraph (1) or any other provi-         cooperate with, the appropriate State agency or
                                                 (6) The substantiality of the character and de-      sion of law, any funds made available to an In-        Tribal agency, as applicable, of each State and
                                              sign of the fish habitat conservation project.          dian Tribe pursuant to this title may be consid-       Indian Tribe within the boundaries of which an
                                                 (d) LIMITATIONS.—                                    ered to be non-Federal funds for the purpose of        activity is planned to be carried out pursuant to
                                                 (1) REQUIREMENTS FOR EVALUATION.—No fish             paragraph (1).                                         this title, including notification, by not later
                                              habitat conservation project may be rec-                  (4) WAIVER AUTHORITY.—The Secretary, in              than 30 days before the date on which the activ-
                                              ommended by the Board under subsection (b) or           consultation with the Secretary of Commerce            ity is implemented.




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                                              provided financial assistance under this title          with respect to marine or estuarine projects,          SEC. 208. INTERAGENCY OPERATIONAL PLAN.
                                              unless the fish habitat conservation project in-        may waive the application of paragraph (2)(A)            Not later than 1 year after the date of enact-
                                              cludes an evaluation plan designed using appli-         with respect to a State or an Indian Tribe, or         ment of this Act, and every 5 years thereafter,
                                              cable Board guidance—                                   otherwise reduce the portion of the non-Federal        the Director, in cooperation with the National
                                                 (A) to appropriately assess the biological, eco-     share of the cost of an activity required to be        Oceanic and Atmospheric Administration Assist-
                                              logical, or other results of the habitat protec-        paid by a State or an Indian Tribe under para-         ant Administrator, the Environmental Protec-
                                              tion, restoration, or enhancement activities car-       graph (1), if the Secretary determines that the        tion Agency Assistant Administrator, the Direc-
                                              ried out using the assistance;                          State or Indian Tribe does not have sufficient         tor of the United States Geological Survey, and




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                                              H5210                                              CONGRESSIONAL RECORD — HOUSE                                                           October 1, 2020
                                              the heads of other appropriate Federal depart-          ernment, or other non-Federal entity may ac-              (A) $400,000 to the Secretary for use by the
                                              ments and agencies (including, at a minimum,            quire, under State law, water rights or rights to      United States Fish and Wildlife Service;
                                              those agencies represented on the Board) shall          property with funds made available through                (B) $400,000 to the National Oceanic and At-
                                              develop an interagency operational plan that            section 212.                                           mospheric Administration Assistant Adminis-
                                              describes—                                                 (c) STATE AUTHORITY.—Nothing in this title—         trator for use by the National Oceanic and At-
                                                 (1) the functional, operational, technical, sci-        (1) affects the authority, jurisdiction, or re-     mospheric Administration;
                                              entific, and general staff, administrative, and         sponsibility of a State to manage, control, or            (C) $400,000 to the Environmental Protection
                                              material needs for the implementation of this           regulate fish and wildlife under the laws and          Agency Assistant Administrator for use by the
                                              title; and                                              regulations of the State; or                           Environmental Protection Agency;
                                                 (2) any interagency agreements between or               (2) authorizes the Secretary to control or regu-       (D) $400,000 to the Secretary for use by the
                                              among Federal departments and agencies to ad-           late within a State the fishing or hunting of fish     United States Geological Survey; and
                                              dress those needs.                                      and wildlife.                                             (E) $400,000 to the Secretary of Agriculture,
                                              SEC. 209. ACCOUNTABILITY AND REPORTING.                    (d) EFFECT ON INDIAN TRIBES.—Nothing in             acting through the Chief of the Forest Service,
                                                (a) REPORTING.—                                       this title abrogates, abridges, affects, modifies,     for use by the Forest Service.
                                                (1) IN GENERAL.—Not later than 5 years after          supersedes, or alters any right of an Indian              (b) AGREEMENTS AND GRANTS.—The Secretary
                                              the date of enactment of this Act, and every 5          Tribe recognized by treaty or any other means,         may—
                                              years thereafter, the Board shall submit to the         including—                                                (1) on the recommendation of the Board, and
                                              appropriate congressional committees a report              (1) an agreement between the Indian Tribe           notwithstanding sections 6304 and 6305 of title
                                              describing the progress of this title.                  and the United States;                                 31, United States Code, and the Federal Finan-
                                                 (2) CONTENTS.—Each report submitted under               (2) Federal law (including regulations);            cial Assistance Management Improvement Act of
                                              paragraph (1) shall include—                               (3) an Executive order; or                          1999 (31 U.S.C. 6101 note; Public Law 106–107),
                                                 (A) an estimate of the number of acres, stream          (4) a judicial decree.                              enter into a grant agreement, cooperative agree-
                                              miles, or acre-feet, or other suitable measures of         (e) ADJUDICATION OF WATER RIGHTS.—Noth-             ment, or contract with a Partnership or other
                                              fish habitat, that was maintained or improved           ing in this title diminishes or affects the ability    entity to provide funds authorized by this title
                                              by Partnerships under this title during the 5-          of the Secretary to join an adjudication of rights     for a fish habitat conservation project or res-
                                              year period ending on the date of submission of         to the use of water pursuant to subsection (a),        toration or enhancement project;
                                              the report;                                             (b), or (c) of section 208 of the Departments of          (2) apply for, accept, and, subject to the avail-
                                                 (B) a description of the public access to fish       State, Justice, Commerce, and The Judiciary Ap-        ability of appropriations, use a grant from any
                                              habitats established or improved under this title       propriation Act, 1953 (43 U.S.C. 666).                 individual or entity to carry out the purposes of
                                              during that 5-year period;                                 (f) DEPARTMENT OF COMMERCE AUTHORITY.—              this title; and
                                                 (C) a description of the improved opportuni-         Nothing in this title affects the authority, juris-       (3) subject to the availability of appropria-
                                              ties for public recreational fishing achieved           diction, or responsibility of the Department of        tions, make funds authorized by this Act avail-
                                              under this title; and                                   Commerce to manage, control, or regulate fish or       able to any Federal department or agency for
                                                 (D) an assessment of the status of fish habitat      fish habitats under the Magnuson-Stevens Fish-         use by that department or agency to provide
                                              conservation projects carried out with funds            ery Conservation and Management Act (16                grants for any fish habitat protection project,
                                              provided under this title during that period,           U.S.C. 1801 et seq.).                                  restoration project, or enhancement project that
                                              disaggregated by year, including—                          (g) EFFECT ON OTHER AUTHORITIES.—                   the Secretary determines to be consistent with
                                                 (i) a description of the fish habitat conserva-         (1) PRIVATE PROPERTY PROTECTION.—Nothing            this title.
                                              tion projects recommended by the Board under            in this title permits the use of funds made avail-        (c) DONATIONS.—
                                              section 205(b);                                         able to carry out this title to acquire real prop-        (1) IN GENERAL.—The Secretary may—
                                                 (ii) a description of each fish habitat con-         erty or a real property interest without the writ-        (A) enter into an agreement with any organi-
                                              servation project approved by the Secretary             ten consent of each owner of the real property         zation described in section 501(c)(3) of the Inter-
                                              under section 205(f), in order of priority for          or real property interest, respectively.               nal Revenue Code of 1986 that is exempt from
                                              funding;                                                   (2) MITIGATION.—Nothing in this title author-       taxation under section 501(a) of that Code to so-
                                                 (iii) a justification for—                           izes the use of funds made available to carry out      licit private donations to carry out the purposes
                                                 (I) the approval of each fish habitat conserva-      this title for fish and wildlife mitigation pur-       of this title; and
                                              tion project; and                                       poses under—                                              (B) accept donations of funds, property, and
                                                 (II) the order of priority for funding of each          (A) the Federal Water Pollution Control Act         services to carry out the purposes of this title.
                                              fish habitat conservation project;                      (33 U.S.C. 1251 et seq.);                                 (2) TREATMENT.—A donation accepted under
                                                 (iv) a justification for any rejection of a fish        (B) the Fish and Wildlife Coordination Act (16      this title—
                                              habitat conservation project recommended by             U.S.C. 661 et seq.);                                      (A) shall be considered to be a gift or bequest
                                              the Board under section 205(b) that was based              (C) the Water Resources Development Act of          to, or otherwise for the use of, the United
                                              on a factor other than the criteria described in        1986 (Public Law 99–662; 100 Stat. 4082); or           States; and
                                              section 205(c); and                                        (D) any other Federal law or court settlement.         (B) may be—
                                                 (v) an accounting of expenditures by Federal,           (3) CLEAN WATER ACT.—Nothing in this title             (i) used directly by the Secretary; or
                                              State, or local governments, Indian Tribes, or          affects any provision of the Federal Water Pol-           (ii) provided to another Federal department or
                                              other entities to carry out fish habitat conserva-      lution Control Act (33 U.S.C. 1251 et seq.), in-       agency through an interagency agreement.
                                              tion projects under this title.                         cluding any definition in that Act.                    SEC. 213. PROHIBITION AGAINST IMPLEMENTA-
                                                 (b) STATUS AND TRENDS REPORT.—Not later              SEC. 211. NONAPPLICABILITY OF FEDERAL ADVI-                       TION OF REGULATORY AUTHORITY
                                              than December 31, 2021, and every 5 years there-                    SORY COMMITTEE ACT.                                   BY FEDERAL AGENCIES THROUGH
                                              after, the Board shall submit to the appropriate         The Federal Advisory Committee Act (5 U.S.C.                     PARTNERSHIPS.
                                              congressional committees a report that in-              App.) shall not apply to—                                 Any Partnership designated under this title—
                                              cludes—                                                  (1) the Board; or                                        (1) shall be for the sole purpose of promoting
                                                 (1) a status of all Partnerships designated           (2) any Partnership.                                  fish conservation; and
                                              under this title;                                       SEC. 212. FUNDING.                                        (2) shall not be used to implement any regu-
                                                 (2) a description of the status of fish habitats       (a) AUTHORIZATION OF APPROPRIATIONS.—                latory authority of any Federal agency.
                                              in the United States as identified by designated          (1) FISH HABITAT CONSERVATION PROJECTS.—                       TITLE III—MISCELLANEOUS
                                              Partnerships; and                                       There is authorized to be appropriated to the          SEC. 301. SENSE OF THE SENATE REGARDING
                                                 (3) enhancements or reductions in public ac-         Secretary $7,200,000 for each of fiscal years 2021                CONSERVATION AGREEMENTS AND
                                              cess as a result of—                                    through 2025 to provide funds for fish habitat                    ACTIVITIES.
                                                 (A) the activities of the Partnerships; or           conservation projects approved under section             It is the sense of the Senate that—
                                                 (B) any other activities carried out pursuant        205(f), of which 5 percent is authorized only for        (1) voluntary conservation agreements benefit
                                              to this title.                                          projects carried out by Indian Tribes.                 species and the habitats on which the species
                                              SEC. 210. EFFECT OF THIS TITLE.                           (2) ADMINISTRATIVE AND PLANNING EX-                  rely;
                                                (a) WATER RIGHTS.—Nothing in this title—              PENSES.—There is authorized to be appropriated           (2) States, Indian Tribes, units of local gov-
                                                (1) establishes any express or implied reserved       to the Secretary for each of fiscal years 2021         ernment, landowners, and other stakeholders
                                              water right in the United States for any pur-           through 2025 an amount equal to 5 percent of           should be encouraged to participate in vol-
                                              pose;                                                   the amount appropriated for the applicable fis-        untary conservation agreements; and
                                                (2) affects any water right in existence on the       cal year pursuant to paragraph (1)—                      (3) the Secretary of the Interior, acting




SSpencer on DSK126QN23PROD with HOUSE
                                              date of enactment of this Act;                            (A) for administrative and planning expenses         through the Director of the United States Fish
                                                (3) preempts or affects any State water law or        under this title; and                                  and Wildlife Service, and the Secretary of Com-
                                              interstate compact governing water; or                    (B) to carry out section 209.                        merce, acting through the Assistant Adminis-
                                                (4) affects any Federal or State law in exist-          (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.—            trator of the National Marine Fisheries Service,
                                              ence on the date of enactment of the Act regard-        There is authorized to be appropriated for each        should consider the enrollment in, and perform-
                                              ing water quality or water quantity.                    of fiscal years 2021 through 2025 to carry out,        ance of, conservation agreements and invest-
                                                (b) AUTHORITY TO ACQUIRE WATER RIGHTS OR              and provide technical and scientific assistance        ment in, and implementation of, general con-
                                              RIGHTS TO PROPERTY.—Only a State, local gov-            under, section 206—                                    servation activities by States, Indian Tribes,




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                                                       October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                    CORRECTION           H5211
                                                       units of local government, landowners, and              by the department or agency as a direct result          (16 U.S.C. 1531 et seq.), as reported under para-
                                                       other stakeholders in making determinations             of any provision of the Endangered Species Act          graph (1), during—
                                                       under the Endangered Species Act of 1973 (16            of 1973 (16 U.S.C. 1531 et seq.) (including any           (i) with respect to the first report, the 3 fiscal
                                                       U.S.C. 1531 et seq.).                                   regulation promulgated pursuant to that Act)            years preceding the date of submission of the re-
                                                       SEC. 302. STUDY TO REVIEW CONSERVATION FAC-             during—                                                 port; and
                                                                   TORS.                                          (i) with respect to the first report under para-       (ii) with respect to the second report, the 2 fis-
                                                         (a) DEFINITION OF SECRETARIES.—In this sec-           graph (2), the 3 fiscal years preceding the date        cal years preceding the date of submission of the
                                                       tion, the term ‘‘Secretaries’’ means—                   of submission of the report; and                        report;
                                                          (1) the Secretary of Agriculture;                       (ii) with respect to the second report under
                                                          (2) the Secretary of Commerce, acting through                                                                  (B) is organized into categories with respect to
                                                                                                               paragraph (2), the 2 fiscal years preceding the
                                                       the Assistant Administrator of the National Ma-                                                                 whether a recovery plan for a species has been
                                                                                                               date of submission of the report.
                                                       rine Fisheries Service; and                                (B) REQUIREMENTS.—Data and other relevant            established;
                                                          (3) the Secretary of the Interior, acting            information submitted under subparagraph (A)              (C) includes conservation outcomes associated
                                                       through the Director of the United States Fish          shall describe, with respect to the applicable          with the conservation activities; and
                                                       and Wildlife Service.                                   amounts—                                                  (D) as applicable, describes the conservation
                                                          (b) STUDY.—To assess factors affecting suc-             (i) the programmatic office of the department        activities that required interaction between Fed-
                                                       cessful conservation activities under the Endan-        or agency on behalf of which each amount was            eral agencies and between Federal agencies and
                                                       gered Species Act of 1973 (16 U.S.C. 1531 et seq.),     expended or disbursed;                                  State and Tribal agencies and units of local gov-
                                                       the Secretaries shall carry out a study—                   (ii) the provision of the Endangered Species         ernment pursuant to the Endangered Species
                                                          (1) to review any factors that threaten or en-       Act of 1973 (16 U.S.C. 1531 et seq.) (or regulation     Act of 1973 (16 U.S.C. 1531 et seq.).
                                                       danger a species for which a listing under the          promulgated pursuant to that Act) pursuant to           SEC. 304. USE OF VALUE OF LAND FOR COST
                                                       Endangered Species Act of 1973 (16 U.S.C. 1531          which each amount was expended or disbursed;                       SHARING.
                                                       et seq.) would not contribute to the conservation       and                                                       The Pittman-Robertson Wildlife Restoration
                                                       of the species;                                            (iii) the project or activity carried out using      Act (16 U.S.C. 669 et seq.) is amended—
                                                          (2) to review any barriers to—                       each amount, in detail sufficient to reflect the
                                                          (A) the delivery of Federal, State, local, or                                                                  (1) by redesignating section 13 as section 14;
                                                                                                               breadth, scope, and purpose of the project or ac-
                                                       private funds for such conservation activities,                                                                 and
                                                                                                               tivity.
                                                       including statutory or regulatory impediments,             (2) COMPTROLLER GENERAL.—Not later than 2              (2) by inserting after section 12 the following:
                                                       staffing needs, and other relevant consider-            years and 4 years after the date of enactment of        ‘‘SEC. 13. VALUE OF LAND.
                                                       ations; or                                              this Act, the Comptroller General shall submit to         ‘‘Notwithstanding any other provision of law,
                                                          (B) the implementation of conservation agree-        the Committees on Appropriations, Commerce,             any institution eligible to receive Federal funds
                                                       ments, plans, or other cooperative agreements,          Science, and Transportation, and Environment            under the Agricultural Research, Extension,
                                                       including agreements focused on voluntary ac-           and Public Works of the Senate and the Com-             and Education Reform Act of 1998 (7 U.S.C. 7601
                                                       tivities, multispecies efforts, and other relevant      mittee on Appropriations and Natural Resources          et seq.) shall be allowed to use the value of any
                                                       considerations;                                         of the House of Representatives a report that de-       land owned by the institution as an in-kind
                                                          (3) to review factors that impact the ability of     scribes—                                                match to satisfy any cost sharing requirement
                                                       the Federal Government to successfully imple-              (A) the aggregate amount expended or dis-            under this Act.’’.
                                                       ment the Endangered Species Act of 1973 (16             bursed by all Federal departments and agencies
                                                       U.S.C. 1531 et seq.);                                                                                                Amend the title so as to read: ‘‘An Act to
                                                                                                               as a direct result of any provision of the Endan-
                                                          (4) to develop recommendations regarding                                                                     improve protections for wildlife, and for
                                                                                                               gered Species Act of 1973 (16 U.S.C. 1531 et seq.)
                                                       methods to address barriers identified under                                                                    other purposes.’’.
                                                                                                               (including any regulation promulgated pursu-
                                                       paragraph (2), if any;                                  ant to that Act) during—                                               MOTION TO CONCUR
                                                          (5) to review determinations under the Endan-           (i) with respect to the first report, the 3 fiscal
                                                       gered Species Act of 1973 (16 U.S.C. 1531 et seq.)
                                                                                                                                                                         Mrs. LOWEY. Mr. Speaker, I have a
                                                                                                               years preceding the date of submission of the re-       motion at the desk.
                                                       in which a species is determined to be recovered        port; and
                                                       by the Secretary of the Interior, acting through           (ii) with respect to the second report, the 2 fis-     The SPEAKER pro tempore. The
                                                       the Director of the United States Fish and Wild-        cal years preceding the date of submission of the       Clerk will designate the motion.
                                                       life Service, or the Secretary of Commerce, act-        report;                                                   The text of the motion is as follows:
                                                       ing through the Assistant Administrator of the             (B) the provision of the Endangered Species            Mrs. Lowey moves that the House concur
                                                       National Marine Fisheries Service, but remains          Act of 1973 (16 U.S.C. 1531 et seq.) (or regulation     in the Senate amendment to the title of H.R.
                                                       listed under that Act, including—                       promulgated pursuant to that Act) pursuant to           925 and that the House concur in the Senate
                                                          (A) an explanation of the factors preventing a       which each such amount was expended or dis-             amendment to the text of H.R. 925 with an
                                                       delisting or downlisting of the species; and            bursed; and
                                                          (B) recommendations regarding methods to                                                                     amendment consisting of the text of Rules
                                                                                                                  (C) with respect to each relevant department
                                                       address the factors described in subparagraph                                                                   Committee Print 116–66.
                                                                                                               or agency—
                                                       (A); and                                                   (i) the total amount expended or disbursed by          The text of the House amendment to
                                                          (6) to review any determinations under the           the department or agency as described in sub-           the Senate amendment to the text is as
                                                       Endangered Species Act of 1973 (16 U.S.C. 1531          paragraph (A); and                                      follows:
                                                       et seq.) in which a species has been identified as         (ii) the information described in clauses (i)          In lieu of the matter proposed to be in-
                                                       needing listing or uplisting under that Act but         through (iii) of paragraph (1)(B).                      serted by the amendment of the Senate to
                                                       remains unlisted or listed as a threatened spe-            (b) REPORT ON CONSERVATION ACTIVITIES.—              the text of the bill, insert the following:
                                                       cies, respectively, including—                             (1) FEDERAL DEPARTMENTS AND AGENCIES.—At
                                                                                                               the determination of the Comptroller General, to        SECTION 1. SHORT TITLE.
                                                          (A) an explanation of the factors preventing a
                                                       listing or uplisting of the species; and                facilitate the preparation of the report under            This Act may be cited as ‘‘The Heroes Act’’.
                                                          (B) recommendations regarding methods to             paragraph (2), the head of each Federal depart-         SEC. 2. TABLE OF CONTENTS.
                                                       address the factors described in subparagraph           ment and agency shall submit to the Comptroller           The table of contents for this Act is as follows:
                                                       (A).                                                    General data and other relevant information
                                                          (c) REPORT.—Not later than 1 year after the                                                                  Sec. 1. Short Title.
                                                                                                               that describes the conservation activities by the
                                                       date of enactment of this Act, the Secretaries          Federal department or agency as a direct result         Sec. 2. Table of Contents.
                                                       shall submit to the Committees on Appropria-            of any provision of the Endangered Species Act          Sec. 3. References.
                                                       tions and Environment and Public Works of the           of 1973 (16 U.S.C. 1531 et seq.) (including any         DIVISION A—CORONAVIRUS RECOVERY
                                                       Senate and the Committees on Appropriations             regulation promulgated pursuant to that Act)              SUPPLEMENTAL APPROPRIATIONS ACT,
                                                       and Natural Resources of the House of Rep-              during—                                                   2021
                                                       resentatives and make publicly available a re-             (A) with respect to the first report under para-     DIVISION B—PROVIDING RELIEF TO STU-
                                                       port describing the results of the study under          graph (2), the 3 fiscal years preceding the date          DENTS, INSTITUTIONS OF HIGHER EDU-
                                                       subsection (b).                                         of submission of the report; and                          CATION, LOCAL EDUCATIONAL AGEN-
                                                       SEC. 303. STUDY AND REPORT ON EXPENDI-                     (B) with respect to the second report under
                                                                                                                                                                         CIES, AND STATE VOCATIONAL REHA-
                                                                  TURES.                                       paragraph (2), the 2 fiscal years preceding the
                                                         (a) REPORTS ON EXPENDITURES.—                                                                                   BILITATION AGENCIES
                                                                                                               date of submission of the report.




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                                                         (1) FEDERAL DEPARTMENTS AND AGENCIES.—                   (2) COMPTROLLER GENERAL.—Not later than 2            Title I—Higher Education Provisions
                                                         (A) IN GENERAL.—At the determination of the           years and 4 years after the date of enactment of        Title II—Impact Aid and Migrant Education
                                                       Comptroller General of the United States (re-           this Act, the Comptroller General shall submit to                     Coronavirus Relief
                                                       ferred to in this section as the ‘‘Comptroller          the Committees on Commerce, Science, and                Title III—Career, Technical, and Adult Edu-
                                                       General’’), to facilitate the preparation of the        Transportation and Environment and Public                             cation
                                                       reports from the Comptroller General under              Works of the Senate and the Committee on Nat-           Title IV—Disability Employment
                                                       paragraph (2), the head of each Federal depart-         ural Resources of the House of Representatives
                                                       ment and agency shall submit to the Comptroller                                                                  DIVISION C—PROTECTION FOR FAMILIES
                                                                                                               a report that—
                                                       General data and other relevant information                (A) describes the conservation activities by all                     AND WORKERS
                                                       that describes the amounts expended or dis-             Federal departments and agencies for species            Title I—Amendments to Emergency Family and
                                                       bursed (including through loans, loan guaran-           listed as a threatened species or endangered spe-                     Medical Leave Expansion Act and
                                                       tees, grants, or any other financing mechanism)         cies under the Endangered Species Act of 1973                         Emergency Paid Sick Leave Act




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                                              H5212                                              CONGRESSIONAL RECORD — HOUSE                                                          October 1, 2020
                                              Title II—COVID–19 Every Worker Protection               Title II—E–Rate Support for Wi-Fi Hotspots,            appropriated, for the fiscal year ending Sep-
                                                            Act of 2020                                             Other Equipment, Connected De-           tember 30, 2021, and for other purposes, namely:
                                              Title    III—COVID–19       Protections   under                       vices, and Connectivity                                       TITLE I
                                                            Longshore and Harbor Workers’             Title III—Emergency Benefit for Broadband
                                                                                                                                                             AGRICULTURE, RURAL DEVELOPMENT,
                                                            Compensation Act                                        Service
                                                                                                                                                               FOOD AND DRUG ADMINISTRATION, AND
                                              Title IV—Worker’s Compensation for Federal              Title IV—Continued Connectivity
                                                                                                      Title V—Don’t Break Up the T–Band                        RELATED AGENCIES
                                                            and Postal Employees Diagnosed
                                                            with COVID–19                             Title VI—COVID–19 Compassion and Martha                      DEPARTMENT OF AGRICULTURE
                                              Title V—COVID–19 Workforce Development Re-                            Wright Prison Phone Justice                       AGRICULTURAL PROGRAMS
                                                            sponse Activities                          DIVISION N—AGRICULTURE PROVISIONS                              OFFICE OF INSPECTOR GENERAL
                                                  DIVISION D—HUMAN SERVICES AND                       Title I—Livestock and Poultry                            For an additional amount for ‘‘Office of In-
                                                         COMMUNITY SUPPORTS                           Title II—Dairy                                         spector General’’, $2,500,000, to remain available
                                              Title I—Stronger Child Abuse Prevention and             Title III—Specialty Crops and Other Commod-            until expended, to prevent, prepare for, and re-
                                                            Treatment                                               ities                                    spond to coronavirus, domestically or inter-
                                              Title II—Child Nutrition and the Special Sup-           Title IV—Commodity Credit Corporation                  nationally: Provided, That the funding made
                                                            plemental Nutrition Program for           Title V—Conservation                                   available under this heading in this Act shall be
                                                                                                      Title VI—Nutrition                                     used for conducting audits and investigations of
                                                            Women, Infants, and Children
                                                                                                      Title VII—Rural Development                            projects and activities carried out with funds
                                              Title III—Related Programs
                                                                                                            DIVISION O—COVID–19 HERO ACT                     made available to the Department of Agriculture
                                                      DIVISION E—SMALL BUSINESS
                                                               PROVISIONS                             Title I—Providing Medical Equipment for First          to prevent, prepare for, and respond to
                                                                                                                    Responders and Essential Workers         coronavirus, domestically or internationally:
                                              Title I—Funding Provisions                              Title II—Protecting Renters and Homeowners             Provided further, That such amounts shall be in
                                              Title II—Modifications to the Paycheck Protec-                        From Evictions and Foreclosures          addition to any other amounts available for
                                                            tion Program                              Title III—Protecting People Experiencing Home-         such purposes: Provided further, That such
                                              Title III—Tax Provisions                                              lessness                                 amount is designated by the Congress as being
                                              Title IV—COVID–19 Economic Injury Disaster              Title IV—Suspending Negative Credit Reporting          for an emergency requirement pursuant to sec-
                                                            Loan Program Reform                                     and Strengthening Consumer and           tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              Title V—Micro-SBIC and Equity Investment En-                          Investor Protections                     Emergency Deficit Control Act of 1985.
                                                            hancement                                 Title V—Protecting Student Borrowers
                                              Title VI—Miscellaneous                                                                                              RURAL DEVELOPMENT PROGRAMS
                                                                                                      Title VI—Standing Up for Small Businesses, Mi-
                                                   DIVISION F—REVENUE PROVISIONS                                    nority-Owned Businesses, and                          RURAL HOUSING SERVICE
                                                                                                                    Non-Profits                                          SALARIES AND EXPENSES
                                              Title I—Economic Stimulus
                                              Title II—Provisions to Prevent Business Inter-          Title VII—Promoting and Advancing Commu-                 For an additional amount for ‘‘Salaries and
                                                            ruption                                                 nities of Color through Inclusive        Expenses’’, $10,000,000, to prevent, prepare for,
                                              Title III—Net Operating Losses                                        Lending                                  and respond to coronavirus, domestically or
                                                                                                      Title VIII—Providing Assistance for State, Ter-        internationally, including administrative ex-
                                                DIVISION G—RETIREMENT PROVISIONS
                                                                                                                    ritory, Tribal, and Local Govern-        penses: Provided, That such amounts shall be in
                                              Title I—Relief for Multiemployer Pension Plans                        ments                                    addition to any other amounts available for
                                              Title II—Relief for Single Employer Pension             Title IX—Support for a Robust Global Response          such purposes: Provided further, That such
                                                            Plans                                                   to the Covid–19 Pandemic                 amount is designated by the Congress as being
                                              Title III—Other Retirement Related Provisions           Title X—Providing Oversight and Protecting             for an emergency requirement pursuant to sec-
                                                    DIVISION H—GIVING RETIREMENT                                    Taxpayers                                tion 251(b)(2)(A)(i) of the Balanced Budget and
                                                       OPTIONS TO WORKERS ACT                                    DIVISION P—ACCESS ACT                       Emergency Deficit Control Act of 1985.
                                               DIVISION I—CONTINUED ASSISTANCE TO                         DIVISION Q—TRANSPORTATION AND                                RENTAL ASSISTANCE PROGRAM
                                                         UNEMPLOYED WORKERS                                         INFRASTRUCTURE                             For an additional amount for ‘‘Rental Assist-
                                              Title I—Extensions of CARES Act Unemploy-               Title I—Aviation                                       ance Program’’, $309,000,000, to prevent, prepare
                                                            ment Benefits for Workers                 Title II—Federal Emergency Management Agen-            for, and respond to coronavirus, including for
                                              Title II—Additional Weeks of Benefit Eligibility                      cy                                       temporary adjustment of wage income losses for
                                              Title III—Clarifications and Improvements to            Title III—Other matters                                residents of housing financed or assisted under
                                                            Pandemic Unemployment Assist-                 DIVISION R—ACCOUNTABILITY AND                      section 514, 515, or 516 of the Housing Act of
                                                            ance                                               GOVERNMENT OPERATIONS                         1949, without regard to any existing eligibility
                                              Title IV—Extension of Relief to States and Em-          Title I—Accountability                                 requirements based on income: Provided, That
                                                            ployers                                   Title II—Census Matters                                such amount is designated by the Congress as
                                              Title V—Corrective Action for Processing Back-          Title III—Federal Workforce                            being for an emergency requirement pursuant to
                                                            logs                                      Title IV—Federal Contracting Provisions                section 251(b)(2)(A)(i) of the Balanced Budget
                                              Title VI—Additional Benefits for Mixed Earners          Title V—District of Columbia                           and Emergency Deficit Control Act of 1985.
                                              Title VII—Technical Corrections                         Title VI—Other Matters                                         DOMESTIC FOOD PROGRAMS
                                              DIVISION     J—EMERGENCY          ASSISTANCE,                   DIVISION S—FOREIGN AFFAIRS                              FOOD AND NUTRITION SERVICE
                                                ELDER JUSTICE, AND CHILD AND FAM-                                       PROVISIONS                           SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
                                                ILY SUPPORT                                           Title I—Matters Relating to the Department of               WOMEN, INFANTS, AND CHILDREN (WIC)
                                              Title I—Emergency assistance                                          State                                      For an additional amount for the ‘‘Special
                                              Title II—Reauthorization of Funding for Pro-            Title II—Global Health Security Act of 2020            Supplemental Nutrition Program for Women, In-
                                                            grams to Prevent, Investigate, and        Title III—Securing America From Epidemics Act          fants, and Children’’, $400,000,000: Provided,
                                                            Prosecute Elder Abuse, Neglect,                 DIVISION T—JUDICIARY MATTERS                     That such amount is designated by the Congress
                                                            and Exploitation                                                                                 as being for an emergency requirement pursuant
                                                                                                      Title I—Immigration Matters
                                              Title III—Fairness for Seniors and People with                                                                 to section 251(b)(2)(A)(i) of the Balanced Budget
                                                                                                      Title II—Prisons and jails
                                                            Disabilities During COVID–19              Title III—Victims of Crime Act Amendments              and Emergency Deficit Control Act of 1985.
                                              Title IV—Supporting Foster Youth and Families           Title IV—Jabara-Heyer NO HATE Act                       SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
                                                            through the Pandemic                      Title V—Bankruptcy Protections
                                              Title V—Pandemic State Flexibilities                                                                             For an additional amount for ‘‘Supplemental
                                                                                                              DIVISION U—OTHER MATTERS                       Nutrition Assistance Program’’, $10,000,000,000,
                                                    DIVISION K—HEALTH PROVISIONS
                                                                                                      Title I—Presumption of Service Connection for          to prevent, prepare for, and respond to
                                              Title I—Medicaid Provisions                                           Coronavirus Disease 2019                 coronavirus: Provided, That such amounts shall
                                              Title II—Medicare Provisions                            Title II—Coronavirus Relief Fund Amendments            be in addition to any other amounts available
                                              Title III—Private Insurance Provisions                  Title III—Energy and Environment Provisions            for such purposes: Provided further, That such
                                              Title IV—Application to Other Health Programs           Title IV—Miscellaneous Matters                         amount is designated by the Congress as being
                                              Title V—Public Health Policies                          SEC. 3. REFERENCES.                                    for an emergency requirement pursuant to sec-
                                              Title VI—Public Health Assistance                         Except as expressly provided otherwise, any          tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              Title VII—Vaccine Development, Distribution,




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                                                                                                      reference to ‘‘this Act’’ contained in any divi-       Emergency Deficit Control Act of 1985.
                                                            Administration, and Awareness             sion of this Act shall be treated as referring only            COMMODITY ASSISTANCE PROGRAM
                                              Title VIII—Other Matters                                to the provisions of that division.                      For an additional amount for ‘‘Commodity As-
                                                       DIVISION L—VETERANS AND                        DIVISION A—CORONAVIRUS RECOVERY                        sistance Program’’, $450,000,000, for the emer-
                                                     SERVICEMEMBERS PROVISIONS                          SUPPLEMENTAL APPROPRIATIONS ACT,                     gency food assistance program as authorized by
                                                 DIVISION M—CONSUMER PROTECTION                         2021                                                 section 27(a) of the Food and Nutrition Act of
                                              AND TELECOMMUNICATIONS PROVISIONS                         The following sums are hereby appropriated,          2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of
                                              Title I—COVID–19 Price Gouging Prevention               out of any money in the Treasury not otherwise         the Emergency Food Assistance Act of 1983 (7




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                                              October 1, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                       H5213
                                              U.S.C. 7508(a)(1)): Provided, That such amount            as being for an emergency requirement pursuant                      BUREAU OF THE CENSUS
                                              is designated by the Congress as being for an             to section 251(b)(2)(A)(i) of the Balanced Budget              CURRENT SURVEYS AND PROGRAMS
                                              emergency requirement pursuant to section                 and Emergency Deficit Control Act of 1985.                      (INCLUDING TRANSFER OF FUNDS)
                                              251(b)(2)(A)(i) of the Balanced Budget and                  SEC. 107. Section 11004 in title I of division B
                                              Emergency Deficit Control Act of 1985.                    of the Coronavirus Aid, Relief, and Economic             For an additional amount for ‘‘Current Sur-
                                                                                                        Security Act (Public Law 116–136) is amended by        veys and Programs’’, $10,000,000: Provided, That
                                                DEPARTMENT OF HEALTH AND HUMAN                                                                                 such sums may be transferred to the Bureau of
                                                                 SERVICES                               inserting after the fourth proviso the following:
                                                                                                        ‘‘Provided further, That the condition set forth       the Census Working Capital Fund for necessary
                                                      FOOD AND DRUG ADMINISTRATION                                                                             expenses incurred as a result of the coronavirus,
                                                                                                        in section 9003(f) of the Farm Security and
                                                              SALARIES AND EXPENSES                     Rural Investment Act of 2002 shall apply with          including for payment of salaries and leave to
                                                 For an additional amount for ‘‘Salaries and            respect to all construction, alteration, or repair     Bureau of the Census staff resulting from the
                                              Expenses’’, $1,500,000, to remain available until         work carried out, in whole or in part, with            suspension of data collection for reimbursable
                                              expended, to prevent, prepare for, and respond            funds made available by this section:’’: Pro-          surveys conducted for other Federal agencies:
                                              to coronavirus, domestically or internationally,          vided, That amounts repurposed pursuant to the         Provided, That such transfer authority is in ad-
                                              for the purposes of holding one or more advisory          amendments made pursuant to this section are           dition to any other transfer authority provided
                                              committee meetings to discuss requests for au-            designated by the Congress as being for an             by law: Provided further, That such amount is
                                              thorization or applications for approval of vac-          emergency requirement pursuant to section              designated by the Congress as being for an
                                              cines for coronavirus: Provided, That such                251(b)(2)(A)(i) of the Balanced Budget and             emergency requirement pursuant to section
                                              amount is designated by the Congress as being             Emergency Deficit Control Act of 1985.                 251(b)(2)(A)(i) of the Balanced Budget and
                                              for an emergency requirement pursuant to sec-               SEC. 108. For necessary expenses for salary          Emergency Deficit Control Act of 1985.
                                              tion 251(b)(2)(A)(i) of the Balanced Budget and           and related costs associated with Agriculture                  PERIODIC CENSUSES AND PROGRAMS
                                              Emergency Deficit Control Act of 1985.                    Quarantine and Inspection Services activities            For an additional amount for ‘‘Periodic Cen-
                                                   GENERAL PROVISIONS—THIS TITLE                        pursuant to 21 U.S.C. 136a(6), and in addition         suses and Programs’’, $400,000,000, to remain
                                                 SEC. 101. For an additional amount for grants          to any other funds made available for this pur-        available until September 30, 2022, to prevent,
                                              to Rural Utilities Service borrowers, as author-          pose, there is appropriated, out of any money in       prepare for, and respond to coronavirus: Pro-
                                              ized in section 701 of division N of this Act, to         the Treasury not otherwise appropriated,               vided, That such amount is designated by the
                                              prevent,     prepare    for,  and   respond    to         $350,000,000, to remain available until September      Congress as being for an emergency requirement
                                              coronavirus, $2,600,000,000, to remain available          30, 2022, to offset the loss resulting from the        pursuant to section 251(b)(2)(A)(i) of the Bal-
                                              until September 30, 2022: Provided, That such             coronavirus pandemic of quarantine and inspec-         anced Budget and Emergency Deficit Control
                                              amount is designated by Congress as being for             tion fees collected pursuant to sections 2508 and      Act of 1985.
                                              an emergency requirement pursuant to section              2509 of the Food, Agriculture, Conservation, and       UNITED STATES PATENT AND TRADEMARK OFFICE
                                              251(b)(2)(A)(i) of the Balanced Budget and                Trade Act of 1990 (21 U.S.C. 136, 136a): Pro-                       SALARIES AND EXPENSES
                                              Emergency Deficit Control Act of 1985.                    vided, That amounts made available in this sec-
                                                                                                        tion and under the heading ‘‘Animal and Plant            For an additional amount for ‘‘United States
                                                 SEC. 102. For an additional amount for the                                                                    Patent and Trademark Office, Salaries and Ex-
                                              Commonwealth of the Northern Mariana Is-                  Health Inspection Service—Salaries and Ex-
                                                                                                        penses’’ in the Coronavirus Aid, Relief, and           penses’’, $95,000,000, to prevent, prepare for, and
                                              lands, $14,000,000, for nutrition assistance to                                                                  respond to coronavirus: Provided, That such
                                              prevent,     prepare    for,  and   respond    to         Economic Security Act (Public Law 116–136)
                                                                                                        shall be treated as funds collected by fees au-        amount is designated by the Congress as being
                                              coronavirus: Provided, That such amounts shall                                                                   for an emergency requirement pursuant to sec-
                                              be in addition to any other amounts available             thorized under sections 2508 and 2509 of the
                                                                                                        Food, Agriculture, Conservation, and Trade Act         tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              for such purposes: Provided further, That such                                                                   Emergency Deficit Control Act of 1985.
                                              amount is designated by the Congress as being             of 1990 (21 U.S.C. 136, 136a) for purposes of sec-
                                                                                                        tion 421(f) of the Homeland Security Act of 2002           NATIONAL INSTITUTE OF STANDARDS AND
                                              for an emergency requirement pursuant to sec-
                                                                                                        (6 U.S.C. 231(f)): Provided further, That, the                            TECHNOLOGY
                                              tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              Emergency Deficit Control Act of 1985.                    amounts repurposed in this section that were                   INDUSTRIAL TECHNOLOGY SERVICES
                                                 SEC. 103. For an additional amount for the             previously designated by the Congress as an              For an additional amount for ‘‘Industrial
                                              Commonwealth of Puerto Rico, $1,236,000,000,              emergency requirement pursuant to the Bal-             Technology Services’’, $70,000,000, of which
                                              for nutrition assistance to prevent, prepare for,         anced Budget and Emergency Deficit Control             $50,000,000 shall be for the Hollings Manufac-
                                              and respond to coronavirus: Provided, That                Act of 1985 are designated by the Congress as an       turing Extension Partnership to assist manufac-
                                              such amounts shall be in addition to any other            emergency requirement pursuant to section              turers to prevent, prepare for, and respond to
                                              amounts available for such purposes: Provided             251(b)(2)(A)(i) of the Balanced Budget and             coronavirus, and $20,000,000 shall be for the Na-
                                              further, That such amount is designated by the            Emergency Deficit Control Act of 1985: Provided        tional Network for Manufacturing Innovation
                                              Congress as being for an emergency requirement            further, That such amount is designated by the         (also known as ‘‘Manufacturing USA’’) to pre-
                                              pursuant to section 251(b)(2)(A)(i) of the Bal-           Congress as being for an emergency requirement         vent, prepare for, and respond to coronavirus,
                                              anced Budget and Emergency Deficit Control                pursuant to section 251(b)(2)(A)(i) of the Bal-        including to support development and manufac-
                                              Act of 1985.                                              anced Budget and Emergency Deficit Control             turing of medical countermeasures and bio-
                                                 SEC. 104. For an additional amount for Amer-           Act of 1985.                                           medical equipment and supplies: Provided, That
                                              ican Samoa, $9,117,000, for nutrition assistance                               TITLE II                          none of the funds provided under this heading
                                              to prevent, prepare for, and respond to                       COMMERCE, JUSTICE, SCIENCE, AND                    in this Act shall be subject to cost share require-
                                              coronavirus: Provided, That such amounts shall                          RELATED AGENCIES                         ments under section 34(e)(7)(A) of the National
                                              be in addition to any other amounts available                                                                    Institute of Standards and Technology Act (15
                                                                                                                DEPARTMENT OF COMMERCE
                                              for such purposes: Provided further, That such                                                                   U.S.C. 278s(e)(7)(A)): Provided further, That
                                              amount is designated by the Congress as being                  INTERNATIONAL TRADE ADMINISTRATION                such amount is designated by the Congress as
                                              for an emergency requirement pursuant to sec-                      OPERATIONS AND ADMINISTRATION                 being for an emergency requirement pursuant to
                                              tion 251(b)(2)(A)(i) of the Balanced Budget and             For an additional amount for ‘‘Operations            section 251(b)(2)(A)(i) of the Balanced Budget
                                              Emergency Deficit Control Act of 1985.                    and Administration’’, $20,000,000, to prevent,         and Emergency Deficit Control Act of 1985.
                                                 SEC. 105. The matter preceding the first pro-          prepare for, and respond to coronavirus: Pro-                NATIONAL OCEANIC AND ATMOSPHERIC
                                              viso under the heading ‘‘Commodity Assistance             vided, That such amount is designated by the                            ADMINISTRATION
                                              Program’’ in title I of division B of the                 Congress as being for an emergency requirement          PROCUREMENT, ACQUISITION AND CONSTRUCTION
                                              Coronavirus Aid, Relief, and Economic Security            pursuant to section 251(b)(2)(A)(i) of the Bal-          For an additional amount for ‘‘Procurement,
                                              Act (Public Law 116–136), is amended by striking          anced Budget and Emergency Deficit Control             Acquisition and Construction’’, $42,000,000, to
                                              ‘‘to prevent, prepare for, and respond to                 Act of 1985.                                           prevent,    prepare    for,   and     respond    to
                                              coronavirus, domestically or internationally,’’:
                                                                                                           MINORITY BUSINESS DEVELOPMENT AGENCY                coronavirus, by supporting continuity of Na-
                                              Provided, That the amounts repurposed pursu-
                                                                                                                 MINORITY BUSINESS DEVELOPMENT                 tional Weather Service life and property related
                                              ant to the amendment made by this section that
                                                                                                          For an additional amount for ‘‘Minority Busi-        operations: Provided, That such amount is des-
                                              were previously designated by the Congress as
                                                                                                        ness Development’’, $25,000,000, for necessary         ignated by the Congress as being for an emer-
                                              an emergency requirement pursuant to the Bal-
                                                                                                        expenses for the Business Centers and Specialty        gency     requirement    pursuant      to   section
                                              anced Budget and Emergency Deficit Control
                                                                                                        Centers, including any cost sharing require-           251(b)(2)(A)(i) of the Balanced Budget and
                                              Act of 1985 are designated by the Congress as an
                                                                                                        ments that may exist, for assisting minority           Emergency Deficit Control Act of 1985.
                                              emergency requirement pursuant to section




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                                              251(b)(2)(A)(i) of the Balanced Budget and                business enterprises to prevent, prepare for, and                 FISHERIES PROMOTION FUND
                                              Emergency Deficit Control Act of 1985.                    respond to coronavirus, including identifying            For an additional amount for ‘‘Fisheries Pro-
                                                 SEC. 106. For an additional amount for the             and accessing local, State, and Federal govern-        motion Fund’’, $100,000,000, to remain available
                                              program established under section 7522 of the             ment assistance related to such virus: Provided,       until September 30, 2022, to prevent, prepare for,
                                              Food, Conservation, and Energy Act of 2008 (7             That such amount is designated by the Congress         and respond to coronavirus, for grants author-
                                              U.S.C. 5936), to prevent, prepare for, and re-            as being for an emergency requirement pursuant         ized by the Saltonstall-Kennedy Act of 1954 (15
                                              spond to coronavirus, $20,000,000: Provided,              to section 251(b)(2)(A)(i) of the Balanced Budget      U.S.C. 713c): Provided, That within the amount
                                              That such amount is designated by the Congress            and Emergency Deficit Control Act of 1985.             appropriated under this heading in this Act, up




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                                              H5214                                              CONGRESSIONAL RECORD — HOUSE                                                           October 1, 2020
                                              to 2 percent of funds may be transferred to the                    DEPARTMENT OF JUSTICE                                  OFFICE OF JUSTICE PROGRAMS
                                              ‘‘Operations, Research, and Facilities’’ account                    FEDERAL PRISON SYSTEM                       STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
                                              for management, administration, and oversight
                                                                                                                       SALARIES AND EXPENSES                     For an additional amount for ‘‘State and
                                              of funds provided under this heading in this
                                                                                                        For an additional amount for ‘‘Salaries and           Local      Law       Enforcement      Assistance’’,
                                              Act: Provided further, That such transfer au-
                                                                                                      Expenses’’, $620,000,000, to prevent, prepare for,      $250,000,000, to remain available until expended,
                                              thority is in addition to any other transfer au-
                                                                                                      and respond to coronavirus, including the im-           for offender reentry programs and research, as
                                              thority provided by law: Provided further, That
                                                                                                      pact of coronavirus on the work of the Depart-          authorized by the Second Chance Act of 2007
                                              such amount is designated by the Congress as
                                                                                                      ment of Justice, to include funding for medical         (Public Law 110–199) and by the Second Chance
                                              being for an emergency requirement pursuant to
                                                                                                      testing and services, personal protective equip-        Reauthorization Act of 2018 (Public Law 115–
                                              section 251(b)(2)(A)(i) of the Balanced Budget
                                                                                                      ment, hygiene supplies and services, and sanita-        391), without regard to the time limitations spec-
                                              and Emergency Deficit Control Act of 1985.
                                                                                                      tion services: Provided, That such amount is            ified at section 6(1) of such Act, to prevent, pre-
                                                       FISHERIES DISASTER ASSISTANCE                  designated by the Congress as being for an              pare for, and respond to coronavirus: Provided,
                                                For an additional amount for ‘‘Fisheries Dis-         emergency requirement pursuant to section               That a recipient of funds made available under
                                              aster Assistance’’, $250,000,000, for activities au-    251(b)(2)(A)(i) of the Balanced Budget and              this heading in this Act shall not be subject, as
                                              thorized under section 12005 of the Coronavirus         Emergency Deficit Control Act of 1985.                  a condition for receiving the funds, to any oth-
                                              Aid, Relief, and Economic Security Act of 2020                                                                  erwise-applicable requirement to provide or ob-
                                                                                                                OFFICE OF INSPECTOR GENERAL
                                              (Public Law 116–136), including for necessary                                                                   tain other Federal or non-Federal funds: Pro-
                                                                                                        For an additional amount for ‘‘Office of In-          vided further, That such amount is designated
                                              expenses to provide assistance to Tribal, subsist-      spector General’’, $3,000,000, to remain available
                                              ence, commercial, and charter fishery partici-                                                                  by the Congress as being for an emergency re-
                                                                                                      until expended to prevent, prepare for, and re-         quirement pursuant to section 251(b)(2)(A)(i) of
                                              pants affected by the novel coronavirus                 spond to coronavirus, including the impact of
                                              (COVID–19), which may include direct relief                                                                     the Balanced Budget and Emergency Deficit
                                                                                                      coronavirus on the work of the Department of            Control Act of 1985.
                                              payments: Provided, That of the funds provided          Justice and to carry out investigations and au-
                                              under this heading in this Act, $25,000,000 shall                                                                  For an additional amount for ‘‘State and
                                                                                                      dits related to the funding made available for          Local      Law       Enforcement      Assistance’’,
                                              be for Tribal fishery participants who belong to        the Department of Justice in this Act and in title
                                              Federally recognized Tribes in any of the Na-                                                                   $600,000,000, to remain available until expended,
                                                                                                      II of division B of Public Law 116–136: Provided,       for grants, contracts, cooperative agreements,
                                              tion’s States and territories: Provided further,        That such amount is designated by the Congress
                                              That such amount is designated by the Congress                                                                  and other assistance as authorized by the Pan-
                                                                                                      as being for an emergency requirement pursuant          demic Justice Response Act (title II of division T
                                              as being for an emergency requirement pursuant          to section 251(b)(2)(A)(i) of the Balanced Budget
                                              to section 251(b)(2)(A)(i) of the Balanced Budget                                                               of this Act, referred to in this paragraph as ‘‘the
                                                                                                      and Emergency Deficit Control Act of 1985.              Act’’): Provided, That $500,000,000 is to establish
                                              and Emergency Deficit Control Act of 1985.
                                                                                                            STATE AND LOCAL LAW ENFORCEMENT                   and implement policies and procedures to pre-
                                                        DEPARTMENTAL MANAGEMENT                                           ACTIVITIES                          vent, detect, and stop the presence and spread
                                                       OFFICE OF INSPECTOR GENERAL                          OFFICE ON VIOLENCE AGAINST WOMEN                  of COVID–19 among arrestees, detainees, in-
                                                                                                                                                              mates, correctional facility staff, and visitors to
                                                 For an additional amount for ‘‘Office of In-              VIOLENCE AGAINST WOMEN PREVENTION AND
                                                                                                                                                              the facilities; and for pretrial citation and re-
                                              spector General’’, $2,000,000, to remain available                   PROSECUTION PROGRAMS
                                                                                                                                                              lease grants, as authorized by the Act: Provided
                                              until expended to prevent, prepare for, and re-            For an additional amount for ‘‘Violence              further, That $25,000,000 is for Rapid COVID–19
                                              spond to coronavirus, including the impact of           Against Women Prevention and Prosecution                Testing, as authorized by the Act: Provided fur-
                                              coronavirus on the work of the Department of            Programs’’, $375,000,000, to remain available           ther, That $75,000,000 is for grants for Juvenile
                                              Commerce and to carry out investigations and            until expended, of which—                               Specific Services, as authorized by the Act: Pro-
                                              audits related to the funding made available for           (1) $100,000,000 is for formula grants to States     vided further, That a recipient of funds made
                                              the Department of Commerce in this Act and in           and territories to combat violence against              available under this heading in this Act shall
                                              title II of division B of Public Law 116–136: Pro-      women, as authorized by part T of title I of the        not be subject, as a condition for receiving the
                                              vided, That such amount is designated by the            Omnibus Crime Control and Safe Streets Acts of          funds, to any otherwise-applicable requirement
                                              Congress as being for an emergency requirement          1968;                                                   to provide or obtain other Federal or non-Fed-
                                              pursuant to section 251(b)(2)(A)(i) of the Bal-            (2) $40,000,000 is for transitional housing as-      eral funds: Provided further, That such amount
                                              anced Budget and Emergency Deficit Control              sistance grants for victims of domestic violence,       is designated by the Congress as being for an
                                              Act of 1985.                                            dating violence, stalking, or sexual assault, as        emergency requirement pursuant to section
                                               ADMINISTRATIVE PROVISIONS—DEPARTMENT OF                authorized by section 40299 of the Violent Crime        251(b)(2)(A)(i) of the Balanced Budget and
                                                               COMMERCE                               Control and Law Enforcement Act of 1994 (Pub-           Emergency Deficit Control Act of 1985.
                                                                                                      lic Law 103–322; ‘‘1994 Act’’);
                                                SEC. 201. Notwithstanding any other provision                                                                           JUVENILE JUSTICE PROGRAMS
                                                                                                         (3) $100,000,000 is for formula grants to States
                                              of law, the Federal share for grants provided by        and territories for sexual assault victims assist-         For an additional amount for ‘‘Juvenile Jus-
                                              the Economic Development Administration                 ance, as authorized by section 41601 of the 1994        tice Programs’’, $100,000,000, to remain available
                                              under Public Law 116–93 and Public Law 116–             Act;                                                    until expended, to prevent, prepare for, and re-
                                              136 shall be 100 percent: Provided, That the               (4) $20,000,000 is for rural domestic violence       spond to coronavirus, of which $50,000,000 shall
                                              amounts repurposed in this section that were            and child abuse enforcement assistance grants,          be for juvenile justice programs authorized by
                                              previously designated by the Congress as an             as authorized by section 40295 of the 1994 Act;         section 221 of the Juvenile Justice and Delin-
                                              emergency requirement pursuant to the Bal-                 (5) $15,000,000 is for grants to support families    quency Prevention Act of 1974, and $50,000,000
                                              anced Budget and Emergency Deficit Control              in the justice system, as authorized by section         shall be for programs authorized by the Victims
                                              Act of 1985 are designated by the Congress as an        1301 of the Victims of Trafficking and Violence         of Child Abuse Act of 1990: Provided, That
                                              emergency requirement pursuant to section               Protection Act of 2000 (Public Law 106–386);            funds made available under this heading in this
                                              251(b)(2)(A)(i) of the Balanced Budget and                 (6) $50,000,000 is for grants to Tribal govern-      Act shall be made available without any other-
                                              Emergency Deficit Control Act of 1985.                  ments, Tribal coalitions, Tribal non-profit orga-       wise applicable requirement that a recipient of
                                                SEC. 202. The Secretary of Commerce may               nizations and Tribal organizations that serve           such funds provide any other Federal funds, or
                                              waive, in whole or in part, the matching re-            Native victims for purposes authorized under 34         any non-Federal funds, as a condition for re-
                                              quirements under section 306 and 306A, and the          U.S.C. 10441(d), 34 U.S.C. 12511(d), 34 U.S.C.          ceiving the funds made available under such
                                              cost sharing requirements under section 315, of         10452 and 34 U.S.C. 12511(e);                           heading: Provided further, That such amount is
                                              the Coastal Zone Management Act of 1972 (16                (7) $25,000,000 is for grants to enhance cul-        designated by the Congress as being for an
                                              U.S.C. 1455, 1455a, and 1461 respectively) as nec-      turally specific services for victims of domestic       emergency requirement pursuant to section
                                              essary for fiscal years 2020, 2021, and 2022 upon       violence, dating violence, sexual assault, and          251(b)(2)(A)(i) of the Balanced Budget and
                                              written request by a coastal State.                     stalking, as authorized under 34 U.S.C. 20124           Emergency Deficit Control Act of 1985.
                                                SEC. 203. Amounts provided by this Act, or            (commonly referred to as the ‘‘Culturally Spe-                              SCIENCE
                                              any other Act making appropriations for fiscal          cific Services Program’’); and                                   NATIONAL SCIENCE FOUNDATION
                                              year 2021, for the Hollings Manufacturing Ex-              (8) $25,000,000 is for grants for outreach and
                                                                                                                                                                      RESEARCH AND RELATED ACTIVITIES
                                              tension Partnership under the heading ‘‘Na-             services to underserved populations as author-
                                              tional Institute of Standards and Technology—           ized under 34 U.S.C. 20123 (commonly referred to                 (INCLUDING TRANSFER OF FUNDS)
                                              Industrial Technology Services’’ shall not be           as the ‘‘Underserved Program’’):                          For an additional amount for ‘‘Research and
                                              subject to cost share requirements under section        Provided, That a recipient of such funds shall          Related Activities’’, $2,587,000,000, to remain




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                                              25(e)(2) of the National Institute of Standards         not be subject, as a condition for receiving the        available until September 30, 2022, to prevent,
                                              and Technology Act (15 U.S.C. 278k(e)(2)): Pro-         funds, to any otherwise-applicable requirement          prepare for, and respond to coronavirus, includ-
                                              vided, That the authority made available pursu-         to provide or obtain other Federal or non-Fed-          ing to fund research grants: Provided, That up
                                              ant to this section shall be elective for any Man-      eral funds: Provided further, That such amount          to $2,537,000,000 shall be for necessary expenses,
                                              ufacturing Extension Partnership Center that            is designated by the Congress as being for an           including extensions of existing research grants,
                                              also receives funding from a State that is condi-       emergency requirement pursuant to section               cooperative agreements, scholarships, fellow-
                                              tioned upon the application of a Federal cost           251(b)(2)(A)(i) of the Balanced Budget and              ships, and apprenticeships: Provided further,
                                              sharing requirement.                                    Emergency Deficit Control Act of 1985.                  That $1,000,000 shall be for a study on the




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                      H5215
                                              spread of COVID–19 related disinformation, as                        RELATED AGENCIES                          anced Budget and Emergency Deficit Control
                                              described in section 204 of this Act: Provided                    LEGAL SERVICES CORPORATION                   Act of 1985.
                                              further, That, of the amount appropriated                PAYMENT TO THE LEGAL SERVICES CORPORATION
                                              under this heading in this Act, up to 2 percent                                                                       GENERAL PROVISIONS—THIS TITLE
                                              of funds may be transferred to the ‘‘Agency Op-            For an additional amount for ‘‘Payment to
                                                                                                                                                               SEC. 301. For an additional amount for ‘‘Oper-
                                              erations and Award Management’’ account for             the Legal Services Corporation’’, $100,000,000,
                                                                                                                                                             ation and Maintenance, Army’’, $400,000,000, to
                                              management, administration, and oversight of            for the same purposes and subject to the same
                                                                                                                                                             prevent,    prepare     for,   and    respond  to
                                              funds provided under this heading in this Act:          conditions as the appropriations for fiscal year
                                                                                                                                                             coronavirus, domestically or internationally:
                                              Provided further, That such transfer authority          2020 under this heading in title II of division B
                                                                                                                                                             Provided, That such amount shall be used for
                                              is in addition to any other transfer authority          of the CARES Act (Public Law 116–136): Pro-
                                                                                                                                                             necessary expenses, including salaries, cleaning,
                                              provided by law: Provided further, That such            vided, That such amount is designated by the
                                                                                                                                                             utilities and personal protective equipment, for
                                              amount is designated by the Congress as being           Congress as being for an emergency requirement
                                                                                                                                                             recreational entities, childcare development cen-
                                              for an emergency requirement pursuant to sec-           pursuant to section 251(b)(2)(A)(i) of the Bal-
                                                                                                                                                             ters and other entities affected by the
                                              tion 251(b)(2)(A)(i) of the Balanced Budget and         anced Budget and Emergency Deficit Control
                                                                                                                                                             coronavirus that derive funding from non-ap-
                                              Emergency Deficit Control Act of 1985.                  Act of 1985.
                                                                                                                                                             propriated accounts: Provided, That prior to the
                                                                                                                           TITLE III                         obligation of such funds the Secretary of the
                                                     EDUCATION AND HUMAN RESOURCES
                                                                                                                DEPARTMENT OF DEFENSE                        Army shall submit to the Committees on Appro-
                                                For an additional amount for ‘‘Education and                 OPERATION AND MAINTENANCE                       priations of the House of Representatives and
                                              Human Resources’’, $300,000,000, to remain                                                                     the Senate a spend plan on the use of funds
                                                                                                            OPERATION AND MAINTENANCE, ARMY
                                              available until September 30, 2022, to prevent,                                                                made available by this section: Provided further,
                                              prepare for, and respond to coronavirus, includ-           For an additional amount for ‘‘Operation and        That such amount is designated by the Congress
                                              ing extensions of existing research grants, coop-       Maintenance, Army’’, $100,000,000, to prevent,         as being for an emergency requirement pursuant
                                              erative agreements, scholarships, fellowships,          prepare for, and respond to coronavirus, domes-        to section 251(b)(2)(A)(i) of the Balanced Budget
                                              and apprenticeships: Provided, That, of the             tically or internationally: Provided, That such        and Emergency Deficit Control Act of 1985.
                                              amount appropriated under this heading in this          amount is designated by the Congress as being
                                                                                                      for an emergency requirement pursuant to sec-            SEC. 302. For an additional amount for ‘‘Oper-
                                              Act, up to 2 percent of funds may be transferred
                                                                                                      tion 251(b)(2)(A)(i) of the Balanced Budget and        ation and Maintenance, Navy’’, $400,000,000, to
                                              to the ‘‘Agency Operations and Award Manage-
                                                                                                      Emergency Deficit Control Act of 1985.                 prevent,    prepare     for,   and    respond  to
                                              ment’’ account for management, administration,
                                                                                                                                                             coronavirus, domestically or internationally:
                                              and oversight of funds provided under this                     OPERATION AND MAINTENANCE, NAVY
                                                                                                                                                             Provided, That such amount shall be used for
                                              heading in this Act: Provided further, That                For an additional amount for ‘‘Operation and        necessary expenses, including salaries, cleaning,
                                              such transfer authority is in addition to any           Maintenance, Navy’’, $100,000,000, to prevent,         utilities and personal protective equipment, for
                                              other transfer authority provided by law: Pro-          prepare for, and respond to coronavirus, domes-        recreational entities, childcare development cen-
                                              vided further, That such amount is designated           tically or internationally: Provided, That such        ters and other entities affected by the
                                              by the Congress as being for an emergency re-           amount is designated by the Congress as being          coronavirus that derive funding from non-ap-
                                              quirement pursuant to section 251(b)(2)(A)(i) of        for an emergency requirement pursuant to sec-          propriated accounts: Provided, That prior to the
                                              the Balanced Budget and Emergency Deficit               tion 251(b)(2)(A)(i) of the Balanced Budget and        obligation of such funds the Secretary of the
                                              Control Act of 1985.                                    Emergency Deficit Control Act of 1985.                 Navy shall submit to the Committees on Appro-
                                                    ADMINISTRATIVE PROVISION—SCIENCE                    OPERATION AND MAINTENANCE, MARINE CORPS              priations of the House of Representatives and
                                                    STUDY ON COVID–19 DISINFORMATION                     For an additional amount for ‘‘Operation and        the Senate a spend plan on the use of funds
                                                                                                      Maintenance, Marine Corps’’, $10,000,000, to           made available by this section: Provided further,
                                                SEC. 204. (a) STUDY.—No later than 30 days            prevent,    prepare     for, and     respond    to     That such amount is designated by the Congress
                                              after the date of enactment of this Act, the Di-        coronavirus, domestically or internationally:          as being for an emergency requirement pursuant
                                              rector of the National Science Foundation shall         Provided, That such amount is designated by            to section 251(b)(2)(A)(i) of the Balanced Budget
                                              enter into an arrangement with the National             the Congress as being for an emergency require-        and Emergency Deficit Control Act of 1985.
                                              Academies of Science, Engineering, and Medi-            ment pursuant to section 251(b)(2)(A)(i) of the          SEC. 303. For an additional amount for ‘‘Oper-
                                              cine (National Academies) to conduct a study on         Balanced Budget and Emergency Deficit Con-             ation     and    Maintenance,      Air    Force’’,
                                              the current understanding of the spread of              trol Act of 1985.                                      $500,000,000, to prevent, prepare for, and re-
                                              COVID–19-related disinformation on the inter-
                                                                                                          OPERATION AND MAINTENANCE, AIR FORCE               spond to coronavirus, domestically or inter-
                                              net and social media platforms. The study shall
                                                                                                         For an additional amount for ‘‘Operation and        nationally: Provided, That such amount shall
                                              address the following:
                                                                                                      Maintenance, Air Force’’, $100,000,000, to pre-        be used for necessary expenses, including sala-
                                                (1) the role disinformation and misinformation                                                               ries, cleaning, utilities and personal protective
                                                                                                      vent, prepare for, and respond to coronavirus,
                                              has played in the public response to COVID–19;                                                                 equipment, for recreational entities, childcare
                                                                                                      domestically or internationally: Provided, That
                                                (2)     the    sources   of   COVID–19-related        such amount is designated by the Congress as           development centers and other entities affected
                                              disinformation—both foreign and domestic—and            being for an emergency requirement pursuant to         by the coronavirus that derive funding from
                                              the mechanisms by which that disinformation             section 251(b)(2)(A)(i) of the Balanced Budget         non-appropriated accounts: Provided, That
                                              influences the public debate;                           and Emergency Deficit Control Act of 1985.             prior to the obligation of such funds the Sec-
                                                (3) the role social media plays in the dissemi-                                                              retary of the Air Force shall submit to the Com-
                                                                                                        OPERATION AND MAINTENANCE, DEFENSE-WIDE
                                              nation       and    promotion     of    COVID–19                                                               mittees on Appropriations of the House of Rep-
                                                                                                         For an additional amount for ‘‘Operation and        resentatives and the Senate a spend plan on the
                                              disinformation and misinformation content and
                                                                                                      Maintenance, Defense-Wide’’, $10,000,000, to           use of funds made available by this section: Pro-
                                              the role social media platforms play in the orga-
                                                                                                      prevent,    prepare     for, and     respond    to     vided further, That such amount is designated
                                              nization of groups seeking to spread COVID–19
                                                                                                      coronavirus, domestically or internationally:          by the Congress as being for an emergency re-
                                              disinformation;
                                                                                                      Provided, That such amount is designated by            quirement pursuant to section 251(b)(2)(A)(i) of
                                                (4) the potential financial returns for creators      the Congress as being for an emergency require-
                                              or distributors of COVID–19 disinformation, and                                                                the Balanced Budget and Emergency Deficit
                                                                                                      ment pursuant to section 251(b)(2)(A)(i) of the        Control Act of 1985.
                                              the role such financial incentives play in the          Balanced Budget and Emergency Deficit Con-
                                              propagation of COVID–19 disinformation;                 trol Act of 1985.                                        SEC. 304. For an additional amount for ‘‘Oper-
                                                (5) potential strategies to mitigate the dissemi-                                                            ation and Maintenance, Marine Corps’’,
                                                                                                           OTHER DEPARTMENT OF DEFENSE
                                              nation and negative impacts of COVID–19                                                                        $100,000,000, to prevent, prepare for, and re-
                                                                                                                         PROGRAMS
                                              disinformation, including specifically, the dis-                                                               spond to coronavirus, domestically or inter-
                                                                                                                  DEFENSE HEALTH PROGRAM                     nationally: Provided, That such amount shall
                                              semination of disinformation on social media,
                                              including through improved disclosures; and                For an additional amount for ‘‘Defense              be used for necessary expenses, including sala-
                                                                                                      Health Program’’, $705,000,000, of which               ries, cleaning, utilities and personal protective
                                                (6) an analysis of the limitations of these miti-
                                                                                                      $175,000,000 shall be for operation and mainte-        equipment, for recreational entities, childcare
                                              gation strategies, and an analysis of how these
                                                                                                      nance, and $530,000,000 shall be for research, de-     development centers and other entities affected
                                              strategies can be implemented without infring-
                                                                                                      velopment, test and evaluation, to prevent, pre-       by the coronavirus that derive funding from
                                              ing on Americans’ Constitutional rights and
                                                                                                      pare for, and respond to coronavirus, domesti-         non-appropriated accounts: Provided, That
                                              civil liberties.
                                                                                                      cally or internationally: Provided, That prior to      prior to the obligation of such funds the Sec-
                                                (b) REPORT.—In entering into an arrangement           the obligation of such funds the Assistant Sec-        retary of the Navy shall submit to the Commit-




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                                              under this section, the Director shall request          retary of Defense (Health Affairs) shall submit        tees on Appropriations of the House of Rep-
                                              that the National Academies transmit to Con-            to the Committees on Appropriations of the             resentatives and the Senate a spend plan on the
                                              gress a report on the results of the study not          House of Representatives and the Senate a              use of funds made available by this section: Pro-
                                              later than 12 months after the date of enactment        spend plan on the use of funds made available          vided further, That such amount is designated
                                              of this Act.                                            under this heading in this Act: Provided fur-          by the Congress as being for an emergency re-
                                                (c) AUTHORIZATION.—There is authorized to be          ther, That such amount is designated by the            quirement pursuant to section 251(b)(2)(A)(i) of
                                              appropriated for the purposes of conducting the         Congress as being for an emergency requirement         the Balanced Budget and Emergency Deficit
                                              study in this section $1,000,000.                       pursuant to section 251(b)(2)(A)(i) of the Bal-        Control Act of 1985.




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                                              H5216                                              CONGRESSIONAL RECORD — HOUSE                                                          October 1, 2020
                                                              TITLE IV                                                 TITLE V                                Treasury, in consultation with the Secretary of
                                                         ENERGY AND WATER                                  FINANCIAL SERVICES AND GENERAL                     the Interior and Tribal governments, that is
                                                                                                                    GOVERNMENT                                based on increased aggregate expenditures of
                                                    DEPARTMENT OF THE INTERIOR                                                                                each such Tribal government (or a tribally-
                                                        BUREAU OF RECLAMATION                               DEPARTMENT OF THE TREASURY
                                                                                                                                                              owned entity of such Tribal government) in fis-
                                                                                                                 DEPARTMENTAL OFFICES                         cal year 2020 relative to aggregate expenditures
                                                      WATER AND RELATED RESOURCES
                                                                                                                OFFICE OF INSPECTOR GENERAL                   in fiscal year 2019 by the Tribal government (or
                                                For an additional amount for ‘‘Water and Re-                                                                  tribally-owned entity) and determined in such
                                              lated Resources’’, $7,000,000, to prevent, prepare                       SALARIES AND EXPENSES
                                                                                                                                                              manner as the Secretary determines appropriate
                                              for, and respond to coronavirus, domestically or          For an additional amount for ‘‘Salaries and           to ensure that all amounts available pursuant to
                                              internationally: Provided, That such amount is          Expenses’’, $35,000,000, to remain available until      this subparagraph are distributed to Tribal gov-
                                              designated by the Congress as being for an              expended, to conduct monitoring and oversight           ernments:
                                              emergency requirement pursuant to section               of the receipt, disbursement, and use of funds          Provided, That not later than 24 hours before
                                              251(b)(2)(A)(i) of the Balanced Budget and              made available under the ‘‘Coronavirus State            any payments for Tribal governments are dis-
                                              Emergency Deficit Control Act of 1985.                  Fiscal Relief Fund’’ and the ‘‘Coronavirus              tributed by the Secretary of the Treasury pursu-
                                                        DEPARTMENT OF ENERGY                          Local Fiscal Relief Fund’’ (collectively, ‘‘Fiscal      ant to this paragraph, the Secretary of the
                                                                                                      Relief Funds’’): Provided, That, if the Inspector       Treasury shall publish on the website of the De-
                                                              ENERGY PROGRAMS                         General of the Department of the Treasury de-           partment of the Treasury a detailed description
                                                                    SCIENCE                           termines that an entity receiving a payment             of the funding allocation formulas used pursu-
                                                For an additional amount for ‘‘Science’’,             from amounts provided by the Fiscal Relief              ant to this paragraph, and a detailed descrip-
                                              $143,000,000, for necessary expenses to offset the      Funds has failed to comply with the provisions          tion of the procedure and methodology used to
                                              costs of impacts due to the coronavirus pan-            governing the use of such funding, the Inspector        determine such funding allocation formula: Pro-
                                              demic or public health measures related to the          General shall transmit any relevant information         vided Further, That not later than 7 days after
                                              coronavirus pandemic for the following projects:        related to such determination to the Committees         any payments for Tribal governments are so dis-
                                                (1) Core Facility Revitalization,                     on Appropriations of the House of Representa-           tributed, the Secretary shall publish on the
                                                (2) Large Synoptic Survey Telescope Camera,           tives and the Senate not later than 5 days after        website of the Department of the Treasury the
                                                (3) Linac Coherent Light Source II,                   any such determination is made: Provided fur-           date and amount of all fund disbursements, bro-
                                                (4) Muon to Electron Conversion Experiment,           ther, That such amount is designated by the             ken down by individual Tribal government re-
                                              and                                                     Congress as being for an emergency requirement          cipient; and
                                                (5) Super Cryogenic Dark Matter Search:               pursuant to section 251(b)(2)(A)(i) of the Bal-            (3) $238,000,000,000 shall be for making pay-
                                                                                                      anced Budget and Emergency Deficit Control              ments to each of the 50 States and the District
                                              Provided,That such amount is designated by the
                                                                                                      Act of 1985.                                            of Columbia, of which—
                                              Congress as being for an emergency requirement
                                                                                                            TREASURY INSPECTOR GENERAL FOR TAX                   (A) an amount equal to $1,250,000,000 less the
                                              pursuant to section 251(b)(2)(A)(i) of the Bal-
                                                                                                                      ADMINISTRATION                          amount allocated for the District of Columbia
                                              anced Budget and Emergency Deficit Control
                                                                                                                                                              pursuant to section 601(c)(6) of the Social Secu-
                                              Act of 1985.                                                             SALARIES AND EXPENSES
                                                                                                                                                              rity Act, shall only be for payment to the Dis-
                                                      DEPARTMENTAL ADMINISTRATION                       For an additional amount for ‘‘Salaries and           trict of Columbia, in addition to any other fund-
                                                For an additional amount for ‘‘Departmental           Expenses’’, $2,500,000, to remain available until       ing available for such purpose (including pay-
                                              Administration’’, $1,300,000, to prevent, prepare       expended, to prevent, prepare for, and respond          ments under subparagraph (B) of this para-
                                              for, and respond to coronavirus, domestically or        to coronavirus, domestically or internationally:        graph): Provided, That the Secretary of the
                                              internationally, including for necessary ex-            Provided, That such amount is designated by             Treasury shall pay all amounts provided by this
                                              penses related to personal protective equipment:        the Congress as being for an emergency require-         section directly to the District of Columbia not
                                              Provided,That such amount is designated by the          ment pursuant to section 251(b)(2)(A)(i) of the         less than 5 days after the date of enactment of
                                              Congress as being for an emergency requirement          Balanced Budget and Emergency Deficit Con-              this Act; and
                                              pursuant to section 251(b)(2)(A)(i) of the Bal-         trol Act of 1985.                                          (B) the remainder shall be allocated between
                                              anced Budget and Emergency Deficit Control                        HOMEOWNER ASSISTANCE FUND                     each such entity in an amount which bears the
                                              Act of 1985.                                              For activities and assistance authorized in           same proportion to the total amount provided
                                                                                                      section 202 of division O of this Act,                  under this paragraph as the average estimated
                                                   GENERAL PROVISIONS—THIS TITLE
                                                                                                      $21,000,000,000, to remain available until ex-          number of seasonally-adjusted unemployed indi-
                                                SEC. 401. Funds appropriated in this title may                                                                viduals (as measured by the Bureau of Labor
                                              be made available to restore amounts, either di-        pended: Provided, That such amount is des-
                                                                                                      ignated by the Congress as being for an emer-           Statistics Local Area Unemployment Statistics
                                              rectly or through reimbursement, for obligations                                                                program) in each such entity in August 2020
                                              incurred for the same purposes to prevent, pre-         gency     requirement  pursuant     to section
                                                                                                      251(b)(2)(A)(i) of the Balanced Budget and              bears to the average estimated number of sea-
                                              pare for, and respond to coronavirus prior to the                                                               sonally-adjusted unemployed individuals in all
                                              date of enactment of this Act.                          Emergency Deficit Control Act of 1985.
                                                                                                                                                              such entities: Provided, That the Secretary of
                                                SEC. 402. (a) Requirements relating to non-                CORONAVIRUS STATE FISCAL RELIEF FUND               the Treasury shall adjust, on a pro rata basis,
                                              Federal cost-share grants and cooperative                 For making payments to States, territories,           the amount allocated to each such entity pursu-
                                              agreements for the Delta Regional Authority             and Tribal governments to mitigate the fiscal ef-       ant to the matter preceding this proviso in this
                                              under section 382D of the Agricultural Act of           fects stemming from the public health emergency         paragraph to the extent necessary to ensure a
                                              1961 and Consolidated Farm and Rural Develop-           with respect to the Coronavirus Disease                 minimum payment of $500,000,000 to each such
                                              ment Act (7 U.S.C. 2009aa—3) are waived for             (COVID–19), $257,000,000,000 to remain available        entity:
                                              grants awarded in fiscal year 2020 and in subse-        until expended, which shall be in addition to           Provided, That any entity receiving a payment
                                              quent years in response to economic distress di-        any other amounts available for making pay-             from funds made available under this heading
                                              rectly related to the impacts of the Coronavirus        ments to States, territories, and Tribal govern-        in this Act shall only use such amounts to re-
                                              Disease (COVID-19).                                     ments for any purpose (including payments               spond to, mitigate, cover costs or replace fore-
                                                (b) Requirements relating to non-Federal cost-        made under section 601 of the Social Security           gone revenues not projected on January 31, 2020
                                              share grants and cooperative agreements for the         Act), of which:                                         stemming from the public health emergency, or
                                              Northern Border Regional Commission under                 (1) $9,500,000,000 shall be for making payments       its negative economic impacts, with respect to
                                              section 15501(d) of title 40, United States Code,       to the Commonwealth of Puerto Rico, United              the Coronavirus Disease (COVID–19): Provided
                                              are waived for grants awarded in fiscal year            States Virgin Islands, Guam, Commonwealth of            further, That if the Inspector General of the De-
                                              2020 and in subsequent years in response to eco-        the Northern Mariana Islands, and American              partment of the Treasury determines that an en-
                                              nomic distress directly related to the impacts of       Samoa: Provided, That of the amount made                tity receiving a payment from amounts provided
                                              the Coronavirus Disease (COVID-19).                     available in this paragraph, half shall be allo-        under this heading has failed to comply with
                                                (c) Requirements relating to non-Federal cost-        cated equally among each entity specified in            the preceding proviso, the amount equal to the
                                              share grants and cooperative agreements for the         this paragraph, and half shall be allocated as          amount of funds used in violation of such pro-
                                              Denali Commission are waived for grants                 an additional amount to each such entity in an          viso shall be booked as a debt of such entity
                                              awarded in fiscal year 2020 and in subsequent           amount which bears the same proportion to half          owed to the Federal Government, and any
                                              years in response to economic distress directly         of the total amount provided under this para-           amounts recovered shall be deposited into the
                                              related to the impacts of the Coronavirus Dis-          graph as the relative population of each such           general fund of the Treasury as discretionary
                                              ease (COVID-19).                                        entity bears to the total population of all such        offsetting receipts: Provided further, That for




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                                                (d) Amounts repurposed pursuant to this sec-          entities;                                               purposes of the preceding provisos under this
                                              tion that were previously designated by the               (2) $9,500,000,000 shall be for making payments       heading in this Act, the population of each enti-
                                              Congress as an emergency requirement pursuant           to Tribal governments, of which—                        ty described in any such proviso shall be deter-
                                              to the Balanced Budget and Emergency Deficit              (A) $1,000,000,000 shall be allocated equally         mined based on the most recent year for which
                                              Control Act of 1985 are designated by the Con-          between each Tribal government; and                     data are available from the Bureau of the Cen-
                                              gress as an emergency requirement pursuant to             (B) $8,500,000,000 shall be allocated as an ad-       sus, or in the case of an Indian tribe, shall be
                                              section 251(b)(2)(A)(i) of the Balanced Budget          ditional amount to each Tribal government in            determined based on data certified by the Tribal
                                              and Emergency Deficit Control Act of 1985.              an amount determined by the Secretary of the            government: Provided further, That an entity




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                       H5217
                                              receiving a payment from amounts provided               and American Samoa in an amount which bears            the population of an entity shall be determined
                                              under this heading may transfer funds to a pri-         the same proportion to the total amount pro-           based on the most recent year for which data
                                              vate nonprofit organization (as that term is de-        vided under this paragraph as the relative pop-        are available from the Bureau of the Census:
                                              fined in paragraph (17) of section 401 of the           ulation of each such county bears to the total         Provided further, That such amount is des-
                                              McKinney-Vento Homeless Assistance Act (42              population of all such entities: Provided, That        ignated by Congress as being for an emergency
                                              U.S.C. 11360(17)), or to a special-purpose unit of      no county that is an ‘‘urban county’’ (as de-          requirement pursuant to section 251(b)(2)(A)(i)
                                              local government or a multi-state entity involved       fined in section 102 of the Housing and Commu-         of the Balanced Budget and Emergency Deficit
                                              in the transportation of passengers or cargo:           nity Development Act of 1974 (42 U.S.C. 5302))         Control Act of 1985.
                                              Provided further, That as used under this head-         shall receive less than the amount the county            COVID-19 MULTI-STATE AGENCY FISCAL RELIEF
                                              ing in this Act, the term ‘‘Tribal government’’         would otherwise receive if the amount distrib-                               FUND
                                              has the same meaning as specified in section            uted under this paragraph were allocated to
                                              601(g) of the Social Security Act (42 U.S.C.            metropolitan cities and urban counties under              For making payments to multi-State entities
                                              601(g)), as added by section 5001 of the CARES          section 106(b) of the Housing and Community            that are involved in the transportation of pas-
                                              Act (Public Law 116–136) and amended by sec-            Development Act of 1974 (42 U.S.C. 5306(b)):           sengers or cargo and are suffering revenue
                                              tion 201 of division U of this Act, and the term        Provided further, That in the case of an amount        losses due to the Coronavirus Disease 2019
                                              ‘‘State’’ means one of the 50 States: Provided          to be paid to a county that is not a unit of gen-      (COVID–19) pandemic, $100,000,000, to remain
                                              further, That the Secretary of Treasury shall           eral local government, the amount shall instead        available until expended, which shall be in ad-
                                              make all payments prescribed under this head-           be paid to the State in which such county is lo-       dition to any other amounts available for mak-
                                              ing in this Act not later than 30 days after the        cated, and such State shall distribute such            ing payments to States, metropolitan cities,
                                              date of enactment of this Act: Provided further,        amount to units of general local government            counties, and other units of state and general
                                              That such amount is designated by the Congress          within such county in an amounts that bear the         local government (including payments made
                                              as being for an emergency requirement pursuant          same proportion as the population of such units        under section 601 of the Social Security Act),
                                              to section 251(b)(2)(A)(i) of the Balanced Budget       of general local government bear to the total          and which shall be paid directly to multi-State
                                              and Emergency Deficit Control Act of 1985.              population of such county: Provided further,           entities (as that term is used in 15 U.S.C.
                                                                                                      That for purposes of this paragraph, the District      9041(10)(D)) for use by multi-State entities: Pro-
                                                  CORONAVIRUS LOCAL FISCAL RELIEF FUND
                                                                                                      of Columbia shall be considered to consist of a        vided, That the funds provided under this para-
                                                For making payments to metropolitan cities,           single county that is a unit of general local gov-     graph shall be allocated to a multi-State entity
                                              counties, and other units of general local gov-         ernment:                                               that is an eligible issuer and multi-State entity
                                              ernment to mitigate the fiscal effects stemming         Provided further, That any entity receiving a          under the terms set forth by the Federal Reserve
                                              from the public health emergency with respect           payment from funds made available under this           on June 3, 2020 for the Municipal Liquidity Fa-
                                              to the Coronavirus Disease (COVID–19),                  heading in this Act shall only use such amounts        cility established by the Board of Governors of
                                              $179,000,000,000, to remain available until ex-         to respond to, mitigate, cover costs or replace        the Federal Reserve System: Provided further,
                                              pended, which shall be in addition to any other         foregone revenues not projected on January 31,         That such amounts shall be allocated by the
                                              amounts available for making payments to met-           2020 stemming from the public health emergency,        Secretary of the Treasury proportionally to each
                                              ropolitan cities, counties, and other units of          or its negative economic impacts, with respect to      multi-State entity covered under this paragraph
                                              general local government (including payments            the Coronavirus Disease (COVID–19): Provided           based on an amount equal to the product ob-
                                              made under section 601 of the Social Security           further, That if the Inspector General of the De-      tained by multiplying the total amount appro-
                                              Act), of which—                                         partment of the Treasury determines that an en-        priated to the Secretary under this paragraph
                                                (1) $89,500,000,000 shall be for making pay-          tity receiving a payment from amounts provided         and the quotient obtained by dividing—
                                              ments to metropolitan cities and other units of         under this heading has failed to comply with              (1) the total gross operating revenue of the
                                              general local government (as those terms are de-        the preceding proviso, the amount equal to the         multi-State entity receiving funds for fiscal year
                                              fined in section 102 of the Housing and Commu-          amount of funds used in violation of such pro-         2018; by
                                              nity Development Act of 1974 (42 U.S.C. 5302)),         viso shall be booked as a debt of such entity             (2) the total gross operating revenue for fiscal
                                              of which—                                               owed to the Federal Government, and any                year 2018 of all multi-State entities that are eli-
                                                (A) $62,650,000,000 shall be allocated pursuant       amounts recovered shall be deposited into the          gible to receive funds under this paragraph:
                                              to the formula under section 106(b)(1) of the           general fund of the Treasury as discretionary          Provided further, That neither a State nor local
                                              Housing and Community Development Act of                offsetting receipts: Provided further, That for        government may serve as a pass-through for any
                                              1974 (42 U.S.C. 5306(b)(1)) to metropolitan cities      purposes of the preceding provisos under this          amounts received by a multi-State entity: Pro-
                                              (as defined in section 102(a)(4) of such Act (42        heading in this Act, the population of each enti-      vided further, That such sums shall be distrib-
                                              U.S.C. 5302(a)(4)), including metropolitan cities       ty described in any such proviso shall be deter-       uted directly by the Secretary to each multi-
                                              that have relinquished or deferred their status         mined based on the most recent year for which          State entity not later than December 31, 2020:
                                              as a metropolitan city as of the date of enact-         data are available from the Bureau of the Cen-         Provided further, That such amount is des-
                                              ment of this Act; and                                   sus, or in the case of an Indian tribe, shall be       ignated by the Congress as being for an emer-
                                                (B) $26,850,000,000 shall be distributed to each      determined based on data certified by the Tribal       gency     requirement     pursuant    to   section
                                              State (as that term is defined in section 102 of        government: Provided further, That an entity           251(b)(2)(A)(i) of the Balanced Budget and
                                              the Housing and Community Development Act               receiving a payment from amounts provided              Emergency Deficit Control Act of 1985.
                                              of 1974 (42 U.S.C. 5302)) for use by units of gen-      under this heading may transfer funds to a pri-
                                              eral local government, other than counties or           vate nonprofit organization (as that term is de-              COMMUNITY DEVELOPMENT FINANCIAL
                                              parishes, in nonentitlement areas (as defined in        fined in paragraph (17) of section 401 of the                INSTITUTIONS FUND PROGRAM ACCOUNT
                                              such section 102) of such States in an amount           McKinney-Vento Homeless Assistance Act (42                For an additional amount for the ‘‘Commu-
                                              which bears the same proportion to the total            U.S.C. 11360(17)), or to a special-purpose unit of     nity Development Financial Institutions Fund
                                              amount provided under this subparagraph as              local government or a multi-state entity involved      Program Account’’, $1,000,000,000, to prevent,
                                              the total population of such units of general           in the transportation of passengers or cargo:          prepare for, and respond to coronavirus, domes-
                                              local government within the State bears to the          Provided further, That nothing in paragraph (1)        tically or internationally: Provided, That the
                                              total population of all such units of general           or (2) shall be construed as prohibiting a unit of     Community Development Financial Institutions
                                              local government in all such States: Provided,          general local government that has formed a con-        Fund (CDFI) shall provide grants using a for-
                                              That a State shall pass-through the amounts re-         solidated government, or that is geographically        mula that takes into account criteria such as
                                              ceived under this subparagraph, within 30 days          contained (in full or in part) within the bound-       certification status, financial and compliance
                                              of receipt, to each such unit of general local          aries of another unit of general local govern-         performance, portfolio and balance sheet
                                              government in an amount that bears the same             ment from receiving a distribution under each of       strength, and program capacity: Provided fur-
                                              proportion to the amount distributed to each            subparagraphs (A) and (B) under paragraph (1)          ther, That not less than $25,000,000 shall be for
                                              such State as the population of such unit of            or under paragraph (2), as applicable, based on        financial assistance, technical assistance, and
                                              general local government bears to the total pop-        the respective formulas specified contained            training and outreach programs designed to
                                              ulation of all such units of general local govern-      therein: Provided further, That the amounts            benefit Native American, Native Hawaiian, and
                                              ment within each such State: Provided further,          otherwise determined for distribution to units of      Alaska Native communities: Provided further,
                                              That if a State has not elected to distribute           local government under each of subparagraphs           That the CDFI Fund shall make funds provided
                                              amounts allocated under this paragraph, the             (A) and (B) under paragraph (1) and under              under this heading in this Act available to
                                              Secretary of the Treasury shall pay the applica-        paragraph (2) shall each be adjusted by the Sec-       grantees not later than 60 days after the date of
                                              ble amounts under this subparagraph to such             retary of the Treasury on a pro rata basis to the      enactment of this Act: Provided further, That
                                              units of general local government in the State          extent necessary to comply with the amount ap-         funds made available under this heading may be




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                                              not later than 30 days after the date on which          propriated and the requirements specified in           used for administrative expenses, including ad-
                                              the State would otherwise have received the             each paragraph and subparagraph, as applica-           ministration of CDFI Fund programs and the
                                              amounts from the Secretary; and                         ble: Provided further, That as used under this         New Markets Tax Credit Program: Provided fur-
                                                (2) $89,500,000,000 shall be paid directly to         heading in this Act, the term ‘‘county’’ means a       ther, That such amount is designated by the
                                              counties within the 50 States, the District of Co-      county, parish, or other equivalent county divi-       Congress as being for an emergency requirement
                                              lumbia, the Commonwealth of Puerto Rico, the            sion (as defined by the Bureau of the Census):         pursuant to section 251(b)(2)(A)(i) of the Bal-
                                              United States Virgin Islands, Guam, the Com-            Provided further, That for purposes of the pre-        anced Budget and Emergency Deficit Control
                                              monwealth of the Northern Mariana Islands,              ceding provisos under this heading in this Act,        Act of 1985.




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                                              H5218                                                CONGRESSIONAL RECORD — HOUSE                                                           October 1, 2020
                                              ADMINISTRATIVE PROVISION—INTERNAL REVENUE                       ADMINISTRATIVE PROVISION—ELECTION                 if the Commission determines that such adminis-
                                                                SERVICE                                             ASSISTANCE COMMISSION                       tration is in the public interest: Provided fur-
                                                      (INCLUDING TRANSFER OF FUNDS)                        SEC. 502. (a) The last proviso under the head-       ther, That up to $4,000,000 shall be used by the
                                                SEC. 501. For an additional amount for fiscal           ing ‘‘Election Assistance Commission—Election           Office of Inspector General to audit and con-
                                              year 2021, and in addition to the amounts other-          Security Grants’’ in the Financial Services and         duct investigations of funds made available in
                                              wise available to the Internal Revenue Service            General Government Appropriations Act, 2020             this Act or in the Coronavirus Aid, Relief, and
                                              for the purposes specified in this section,               (division C of Public Law 116–93; 133 Stat. 2461)       Economic Security Act (Public Law 116–136) to
                                              $359,000,000, to prevent, prepare for, and re-            shall not apply with respect to any payment             the Federal Communications Commission for the
                                              spond to coronavirus, including for costs associ-         made to a State using funds appropriated or             provision of telehealth services during an emer-
                                              ated with the extended filing season: Provided,           otherwise made available to the Election Assist-        gency period, and that the Office of Inspector
                                              That such funds may be transferred by the Com-            ance Commission under the Coronavirus Aid,              General shall report to the Committees on Ap-
                                              missioner to the ‘‘Taxpayer Services’’, ‘‘Enforce-        Relief, and Economic Security Act (Public Law           propriations of the House of Representatives
                                              ment’’, or ‘‘Operations Support’’ accounts of the         116–136).                                               and the Senate, the Committee on Energy and
                                              Internal Revenue Service for an additional                   (b) The first proviso under the heading ‘‘Elec-      Commerce of the House of Representatives, and
                                              amount to be used solely to prevent, prepare for,         tion Assistance Commission—Election Security            the Committee on Commerce, Science, and
                                              and respond to coronavirus, domestically or               Grants’’ in the Coronavirus Aid, Relief, and            Transportation of the Senate each month, until
                                              internationally: Provided further, That the               Economic Security Act (Public Law 116–136) is           all emergency telehealth funding has been obli-
                                              Committees on Appropriations of the House of              amended by striking ‘‘within 20 days of each            gated, on the status of approved applications,
                                              Representatives and the Senate shall be notified          election in the 2020 Federal election cycle in          pending applications, and rejected applications
                                              in advance of any such transfer: Provided fur-            that State,’’ and inserting ‘‘not later than Octo-      for such funding, and on recommendations to
                                              ther, That such transfer authority is in addition         ber 30, 2021,’’.                                        improve the transparency and fairness of dis-
                                              to any other transfer authority provided by law:             (c) The fourth proviso under the heading             tribution of such funding: Provided further,
                                              Provided further, That not later than 30 days             ‘‘Election Assistance Commission—Election Se-           That such amount is designated by the Congress
                                              after the date of enactment of this Act, the Com-         curity Grants’’ in the Coronavirus Aid, Relief,         as being for an emergency requirement pursuant
                                              missioner shall submit to the Committees on Ap-           and Economic Security Act (Public Law 116–136)          to section 251(b)(2)(A)(i) of the Balanced Budget
                                              propriations of the House of Representatives              is amended by striking ‘‘December 31, 2020’’ and        and Emergency Deficit Control Act of 1985.
                                              and the Senate a spending plan and subsequent             inserting ‘‘September 30, 2021’’.                                EMERGENCY CONNECTIVITY FUND
                                              quarterly reports detailing the actual and ex-               (d) A State may elect to reallocate funds allo-
                                                                                                                                                                   For an additional amount for the ‘‘Emergency
                                              pected expenditures of such funds: Provided fur-          cated under the heading ‘‘Election Assistance
                                                                                                                                                                Connectivity Fund’’, $12,000,000,000, to remain
                                              ther, That such amount is designated by the               Commission—Election Security Grants’’ in the
                                                                                                                                                                available until September 30, 2022, to prevent,
                                              Congress as being for an emergency requirement            Coronavirus Aid, Relief, and Economic Security
                                                                                                                                                                prepare for, and respond to coronavirus, domes-
                                              pursuant to section 251(b)(2)(A)(i) of the Bal-           Act (Public Law 116–136) or under this heading
                                                                                                                                                                tically or internationally, through the provision
                                              anced Budget and Emergency Deficit Control                in this Act as funds allocated under the heading
                                                                                                                                                                of funding for Wi-fi hotspots, other equipment,
                                              Act of 1985.                                              ‘‘Election Assistance Commission—Election Se-
                                                                                                                                                                connected devices, and advanced telecommuni-
                                                              THE JUDICIARY                             curity Grants’’ in the Financial Services and
                                                                                                                                                                cations and information services to schools and
                                                 COURT OF APPEALS, DISTRICT COURTS, AND                 General Government Appropriations Act, 2020
                                                                                                                                                                libraries as authorized in section 201 of division
                                                           OTHER JUDICIAL SERVICES                      (division C of Public Law 116–93; 133 Stat. 2461)
                                                                                                                                                                M of this Act: Provided, That such amount is
                                                                                                        that were spent to prevent, prepare for, and re-
                                                              SALARIES AND EXPENSES                                                                             designated by the Congress as being for an
                                                                                                        spond to coronavirus, domestically or inter-
                                                For an additional amount for ‘‘Salaries and                                                                     emergency requirement pursuant to section
                                                                                                        nationally, for the 2020 Federal election cycle;
                                              Expenses’’, $25,000,000, to prevent, prepare for,                                                                 251(b)(2)(A)(i) of the Balanced Budget and
                                                                                                        or funds allocated under the heading ‘‘Election
                                              and respond to coronavirus, domestically or                                                                       Emergency Deficit Control Act of 1985.
                                                                                                        Assistance Commission—Election Reform Pro-
                                              internationally: Provided, That such amount is                                                                      EMERGENCY BROADBAND CONNECTIVITY FUND
                                                                                                        gram’’ in the Financial Services and Govern-
                                              designated by the Congress as being for an                                                                          For an additional amount for the ‘‘Emergency
                                                                                                        ment Appropriations Act, 2018 (division E of
                                              emergency requirement pursuant to section                                                                         Broadband Connectivity Fund’’, $3,000,000,000,
                                                                                                        Public Law 115–141) that were spent to prevent,
                                              251(b)(2)(A)(i) of the Balanced Budget and                                                                        to prevent, prepare for, and respond to
                                                                                                        prepare for, and respond to coronavirus, domes-
                                              Emergency Deficit Control Act of 1985.                                                                            coronavirus, domestically or internationally,
                                                                                                        tically or internationally, for the 2020 Federal
                                                         INDEPENDENT AGENCIES                           election cycle.                                         through the provision of an emergency benefit
                                                      ELECTION ASSISTANCE COMMISSION                       (e) This section shall take effect as if included    for broadband service as authorized in section
                                                        ELECTION RESILIENCE GRANTS                      in the enactment of the Coronavirus Aid, Relief,        301 of division M of this Act: Provided, That
                                                      (INCLUDING TRANSFER OF FUNDS)                     and Economic Security Act (Public Law 116–              such amount is designated by the Congress as
                                                For an additional amount for payments by the            136).                                                   being for an emergency requirement pursuant to
                                                                                                           (f) The amounts repurposed pursuant to this          section 251(b)(2)(A)(i) of the Balanced Budget
                                              Election Assistance Commission to States for
                                                                                                        section that were previously designated by the          and Emergency Deficit Control Act of 1985.
                                              contingency planning, preparation, and resil-
                                                                                                        Congress as an emergency requirement pursuant                  GENERAL SERVICES ADMINISTRATION
                                              ience    of    elections  for   Federal    office,
                                                                                                        to the Balanced Budget and Emergency Deficit
                                              $3,600,000,000: Provided, That of the amount                                                                              TECHNOLOGY MODERNIZATION FUND
                                                                                                        Control Act of 1985 are designated by the Con-
                                              provided under this heading, up to $5,000,000                                                                       For an additional amount for the ‘‘Tech-
                                                                                                        gress as an emergency requirement pursuant to
                                              may be transferred to and merged with ‘‘Elec-                                                                     nology Modernization Fund’’, $1,000,000,000, to
                                                                                                        section 251(b)(2)(A)(i) of the Balanced Budget
                                              tion Assistance Commission—Salaries and Ex-                                                                       remain available until September 30, 2022, for
                                                                                                        and Emergency Deficit Control Act of 1985.
                                              penses’’: Provided further, That such transfer                                                                    technology-related modernization activities to
                                              authority is in addition to any other transfer                  FEDERAL COMMUNICATIONS COMMISSION
                                                                                                                                                                prevent,    prepare    for,  and  respond    to
                                              authority provided by law: Provided further,                               SALARIES AND EXPENSES
                                                                                                                                                                coronavirus, domestically or internationally:
                                              That under this heading the term ‘‘State’’                  For an additional amount for ‘‘Salaries and           Provided, That such amount is designated by
                                              means each of the 50 States, the District of Co-          Expenses’’, $24,000,000, for implementing title         the Congress as being for an emergency require-
                                              lumbia, the Commonwealth of Puerto Rico,                  VIII of the Communications Act of 1934 (47              ment pursuant to section 251(b)(2)(A)(i) of the
                                              Guam, American Samoa, the United States Vir-              U.S.C. 641 et seq.), as added by the Broadband          Balanced Budget and Emergency Deficit Con-
                                              gin Islands, and the Commonwealth of the                  DATA Act (Public Law 116–130): Provided, That           trol Act of 1985.
                                              Northern Mariana Islands: Provided further,               such amount is designated by the Congress as
                                                                                                                                                                        NATIONAL ARCHIVES AND RECORDS
                                              That the amount of the payments made to a                 being for an emergency requirement pursuant to
                                                                                                                                                                                  ADMINISTRATION
                                              State under this heading shall be consistent              section 251(b)(2)(A)(i) of the Balanced Budget
                                              with sections 101(d) and 103 of the Help America          and Emergency Deficit Control Act of 1985.                      RECORDS CENTER REVOLVING FUND
                                              Vote Act of 2002 (52 U.S.C. 20903): Provided fur-           For an additional amount for ‘‘Salaries and             For an additional amount for the ‘‘Records
                                              ther, That not later than 30 days after the date          Expenses’’, $200,000,000, to remain available           Center Revolving Fund’’ for the Federal Record
                                              of enactment of this Act, the Election Assistance         until expended, to prevent, prepare for, and re-        Centers Program, $92,000,000, to prevent, pre-
                                              Commission shall obligate the funds to States             spond to coronavirus, domestically or inter-            pare for, and respond to coronavirus, domesti-
                                              under this heading in this Act: Provided fur-             nationally, including to support efforts of             cally or internationally, which shall be for off-
                                              ther, That not less than 50 percent of the                health care providers to address coronavirus by         setting the loss resulting from the coronavirus
                                              amount of the payment made to a State under               providing telecommunications services, informa-         pandemic of the user charges collected by such
                                              this heading in this Act shall be allocated in            tion services, and devices necessary to enable          Fund pursuant to subsection (c) under the




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                                              cash or in kind to the units of local government          the provision of telehealth services during an          heading ‘‘Records Center Revolving Fund’’ in
                                              which are responsible for the administration of           emergency period, as defined in section                 Public Law 106–58, as amended (44 U.S.C. 2901
                                              elections for Federal office in the State: Pro-           1135(g)(1) of the Social Security Act (42 U.S.C.        note): Provided, That the amount provided
                                              vided further, That such amount is designated             1320b-5(g)(1)): Provided, That the Federal Com-         under this heading in this Act may be used to
                                              by the Congress as being for an emergency re-             munications Commission may rely on the rules            reimburse the Fund for obligations incurred for
                                              quirement pursuant to section 251(b)(2)(A)(i) of          of the Commission under part 54 of title 47, Code       this purpose prior to the date of the enactment
                                              the Balanced Budget and Emergency Deficit                 of Federal Regulations, in administering the            of this Act: Provided further, That such amount
                                              Control Act of 1985.                                      amount provided under the heading in this Act           is provided without regard to the limitation in




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                                              October 1, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                         H5219
                                              subsection (d) under the heading ‘‘Records Cen-           and inserting ‘‘ ‘covered funds’, as that term is                           TITLE VI
                                              ter Revolving Fund’’ in Public Law 106–58, as             defined in section 15010 of this Act’’.
                                              amended (44 U.S.C. 2901 note): Provided further,             (b) DEFINITION OF COVERED FUNDS.—Section                        HOMELAND SECURITY
                                              That such amount is designated by the Congress            15010(a)(6) of division B of the Coronavirus,                    OFFICE OF INSPECTOR GENERAL
                                              as being for an emergency requirement pursuant            Aid, Relief, and Economic Security Act (Public
                                              to section 251(b)(2)(A)(i) of the Balanced Budget         Law 116–136) is amended—                                           OPERATIONS AND SUPPORT
                                              and Emergency Deficit Control Act of 1985.                   (1) in subparagraph (A), by striking ‘‘this
                                                                                                                                                                  For an additional amount for ‘‘Operations
                                                     OFFICE OF PERSONNEL MANAGEMENT                     Act’’ and inserting ‘‘the Coronavirus Aid, Re-
                                                                                                                                                               and Support’’, $3,000,000, for oversight of activi-
                                                                                                        lief, and Economic Security Act (divisions A and
                                                       OFFICE OF INSPECTOR GENERAL                                                                             ties supported by funds provided under ‘‘Fed-
                                                                                                        B) (Public Law 116–136)’’; and
                                                              SALARIES AND EXPENSES                                                                            eral Emergency Management Agency—Disaster
                                                                                                           (2) by striking subparagraph (D) and insert-
                                                                                                                                                               Relief Fund’’ in title VI of division B of Public
                                                For an additional amount for ‘‘Salaries and             ing:
                                                                                                                                                               Law 116–136, in addition to amounts otherwise
                                              Expenses’’, $1,000,000, to remain available until            ‘‘(D) the Paycheck Protection Program and
                                                                                                                                                               available for such purposes: Provided, That
                                              expended to prevent, prepare for, and respond             Health Care Enhancement Act (Public Law 116–
                                                                                                                                                               such amount is designated by the Congress as
                                              to coronavirus, domestically or internationally:          139);
                                                                                                                                                               being for an emergency requirement pursuant to
                                              Provided, That such amount is designated by                  ‘‘(E) all divisions of this Act; or
                                                                                                                                                               section 251(b)(2)(A)(i) of the Balanced Budget
                                              the Congress as being for an emergency require-              ‘‘(F) The Heroes Act; and’’.                        and Emergency Deficit Control Act of 1985.
                                              ment pursuant to section 251(b)(2)(A)(i) of the              (c) APPOINTMENT OF CHAIRPERSON.—Section
                                              Balanced Budget and Emergency Deficit Con-                15010(c) of division B of the Coronavirus Aid,           FEDERAL EMERGENCY MANAGEMENT AGENCY
                                              trol Act of 1985.                                         Relief, and Economic Security Act (Public Law
                                                                                                        116–136) is amended—                                                  FEDERAL ASSISTANCE
                                                      SMALL BUSINESS ADMINISTRATION
                                                          EMERGENCY EIDL GRANTS                            (1) in paragraph (1), by striking ‘‘and (D)’’         For an additional amount for ‘‘Federal Assist-
                                                                                                        and inserting ‘‘(D), and (E)’’; and                    ance’’, $1,300,000,000, to prevent, prepare for,
                                                For an additional amount for ‘‘Emergency                   (2) in paragraph (2)(E), by inserting ‘‘of the
                                              EIDL Grants’’ for the cost of emergency EIDL                                                                     and respond to coronavirus, of which
                                                                                                        Council’’ after ‘‘Chairperson’’.                       $500,000,000 shall be for Assistance to Firefighter
                                              grants authorized by section 1110 of division A              (d) RETROACTIVE REPORTING ON LARGE COV-
                                              of the CARES Act (Public Law 116–136),                                                                           Grants for the purchase of personal protective
                                                                                                        ERED FUNDS.—                                           equipment and related supplies, mental health
                                              $50,000,000,000, to remain available until ex-               (1) DEFINITIONS.—In this subsection, the terms
                                              pended, to prevent, prepare for, and respond to                                                                  evaluations, training, and temporary infectious
                                                                                                        ‘‘agency’’ and ‘‘large covered funds’’ have the        disease de-contamination or sanitizing facilities
                                              coronavirus, domestically or internationally:             meanings given those terms in section 15011 of
                                              Provided, That of the amount provided under                                                                      and equipment; of which $500,000,000 shall be
                                                                                                        division B of the Coronavirus, Aid, Relief, and        for Staffing for Adequate Fire and Emergency
                                              this heading in this Act, $40,000,000,000 shall be        Economic Security Act (Public Law 116–136).
                                              for carrying out subsection (i) of such section                                                                  Response Grants; of which $100,000,000 shall be
                                                                                                           (2) GUIDANCE.—                                      for   Emergency      Management       Performance
                                              1110: Provided further, That such amount is
                                                                                                           (A) IN GENERAL.—Not later than 14 days after        Grants; and of which $200,000,000 shall be for
                                              designated by the Congress as being for an
                                                                                                        the date of enactment of this Act, the Director        the Emergency Food and Shelter Program: Pro-
                                              emergency requirement pursuant to section
                                                                                                        of the Office of Management and Budget shall           vided, That such amount is designated by the
                                              251(b)(2)(A)(i) of the Balanced Budget and
                                                                                                        issue guidance for agencies to ensure the collec-      Congress as being for an emergency requirement
                                              Emergency Deficit Control Act of 1985.
                                                                                                        tion and timely reporting for the obligation and       pursuant to section 251(b)(2)(A)(i) of the Bal-
                                                ADMINISTRATIVE PROVISION—SMALL BUSINESS                 expenditure of large covered funds under divi-         anced Budget and Emergency Deficit Control
                                                                 ADMINISTRATION                         sion A of the CARES Act (Public Law 116–136)           Act of 1985.
                                                SEC. 503. For fiscal year 2021, commitments for         on and after the date of enactment of that Act.
                                              general business loans authorized under para-                (B) REQUIREMENT.—The guidance issued                       GENERAL PROVISIONS—THIS TITLE
                                              graphs (1) through (35) of section 7(a) of the            under subparagraph (A) shall require that, not
                                                                                                                                                                 SEC. 601. Notwithstanding any other provision
                                              Small Business Act (15 U.S.C. 636(a)) shall not           later than 120 days after the date of enactment
                                                                                                                                                               of law, funds made available in this Act for
                                              exceed $75,000,000,000 for a combination of am-           of this Act, agencies shall make all reports re-
                                                                                                                                                               ‘‘Federal Emergency Management Agency—Fed-
                                              ortizing term loans and the aggregated max-               quired under section 15011 of division B of the
                                                                                                                                                               eral Assistance’’ in this Act shall only be used
                                              imum line of credit provided by revolving loans.          CARES Act (Public Law 116–136) relating to
                                                                                                                                                               for the purposes specifically described under
                                                      UNITED STATES POSTAL SERVICE                      large covered funds under division A of such
                                                                                                                                                               that heading.
                                                                                                        Act that have been expended or obligated during
                                                     PAYMENT TO POSTAL SERVICE FUND
                                                                                                        the period beginning on the date of enactment            SEC. 602. (a) Subsections (c)(2) and (k) of sec-
                                                For an additional payment to the ‘‘Postal               of the CARES Act (Public Law 116–136) and              tion 33 of the Federal Fire Prevention and Con-
                                              Service Fund’’, for revenue forgone due to                ending on the day before the date of enactment         trol Act of 1974 (15 U.S.C. 2229) shall not apply
                                              coronavirus, $15,000,000,000, to remain available         of this Act.                                           to amounts appropriated for ‘‘Federal Emer-
                                              until September 30, 2022: Provided, That the                 (C) RULE OF CONSTRUCTION.—Nothing in this           gency Management Agency—Federal Assist-
                                              Postal Service, during the coronavirus emer-              subsection shall be construed to affect the dead-      ance’’ for Assistance to Firefighter Grants in
                                              gency, shall prioritize the purchase of, and              lines for reporting under section 15011 of divi-       this Act.
                                              make available to all Postal Service employees            sion B of the CARES Act (Public Law 116–136)             (b) Subsection (k) of section 33 of the Federal
                                              and facilities, personal protective equipment, in-        relating to large covered funds that have been         Fire Prevention and Control Act of 1974 (15
                                              cluding gloves, masks, and sanitizers, and shall          expended or obligated under divisions A or B of        U.S.C. 2229) shall not apply to amounts pro-
                                              conduct additional cleaning and sanitizing of             such Act, on or after the date of enactment of         vided for ‘‘Federal Emergency Management
                                              Postal Service facilities and delivery vehicles:          this Act.                                              Agency—Federal Assistance’’ for Assistance to
                                              Provided further, That such amount is des-                   (c) DESIGNATION.—Amounts repurposed under           Firefighter Grants in title III of division D of
                                              ignated by the Congress as being for an emer-             this section that were previously designated by        Public Law 116–93 and in title VI of division B
                                              gency     requirement    pursuant     to  section         the Congress, respectively, as an emergency re-        of Public Law 116–136.
                                              251(b)(2)(A)(i) of the Balanced Budget and                quirement or as being for disaster relief pursu-
                                              Emergency Deficit Control Act of 1985.                    ant to the Balanced Budget and Emergency                 (c) Amounts repurposed under this section
                                                       OFFICE OF INSPECTOR GENERAL                      Deficit Control Act are designated by the Con-         that were previously designated by the Congress
                                                                                                        gress as being for an emergency requirement            as an emergency requirement or as being for dis-
                                                              SALARIES AND EXPENSES
                                                                                                        pursuant to section 251(b)(2)(A)(i) of the Bal-        aster relief pursuant to the Balanced Budget
                                                For an additional amount for ‘‘Salaries and                                                                    and Emergency Deficit Control Act are des-
                                                                                                        anced Budget and Emergency Deficit Control
                                              Expenses’’, $15,000,000, to remain available until                                                               ignated by the Congress as being for an emer-
                                                                                                        Act of 1985 or as being for disaster relief pursu-
                                              expended, to prevent, prepare for, and respond                                                                   gency     requirement   pursuant    to  section
                                                                                                        ant to section 251(b)(2)(D) of the Balanced
                                              to coronavirus, domestically or internationally:                                                                 251(b)(2)(A)(i) of the Balanced Budget and
                                                                                                        Budget and Emergency Deficit Control Act of
                                              Provided, That such amount is designated by                                                                      Emergency Deficit Control Act of 1985 or as
                                                                                                        1985.
                                              the Congress as being for an emergency require-                                                                  being for disaster relief pursuant to section
                                                                                                           SEC. 505. Title V of division B of the CARES
                                              ment pursuant to section 251(b)(2)(A)(i) of the                                                                  251(b)(2)(D) of the Balanced Budget and Emer-
                                                                                                        Act (Public Law 116–136) is amended by striking
                                              Balanced Budget and Emergency Deficit Con-                                                                       gency Deficit Control Act of 1985.
                                                                                                        the fifth proviso under the heading ‘‘General
                                              trol Act of 1985.
                                                                                                        Services Administration—Real Property Activi-            SEC. 603. Subsections (a)(1)(A), (a)(1)(B),
                                                   GENERAL PROVISIONS—THIS TITLE                        ties—Federal Buildings Fund’’: Provided, That          (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of




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                                                SEC. 504. (a) OVERSIGHT OF COVERED FUNDS.—              the amounts repurposed pursuant to this section        the Federal Fire Prevention and Control Act of
                                              The matter preceding the first proviso under the          that were previously designated by the Congress        1974 (15 U.S.C. 2229a) shall not apply to
                                              heading ‘‘Independent Agencies—Pandemic Re-               as an emergency requirement pursuant to the            amounts appropriated for ‘‘Federal Emergency
                                              sponse Accountability Committee’’ in title V of           Balanced Budget and Emergency Deficit Con-             Management Agency—Federal Assistance’’ for
                                              division B of the CARES Act (Public Law 116–              trol Act of 1985 are designated by the Congress        Staffing for Adequate Fire and Emergency Re-
                                              136) is amended by striking ‘‘funds provided in           as an emergency requirement pursuant to sec-           sponse Grants in this Act and in division D, title
                                              this Act to prevent, prepare for, and respond to          tion 251(b)(2)(A)(i) of the Balanced Budget and        III of the Consolidated Appropriations Act, 2020
                                              coronavirus, domestically or internationally’’            Emergency Deficit Control Act of 1985.                 (Public Law 116–93).




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                                              H5220                                               CONGRESSIONAL RECORD — HOUSE                                                             October 1, 2020
                                                             TITLE VII                                 until expended, to prevent, prepare for, respond         amounts may only be used for the purposes
                                              INTERIOR, ENVIRONMENT, AND RELATED                       to, and recover from coronavirus, of which (1)           identified under this heading notwithstanding
                                                             AGENCIES                                  $993,000,000 is for Capital Improvement Project          any other provision of law: Provided further,
                                                  DEPARTMENT OF THE INTERIOR                           grants for hospitals and other critical infra-           That none of the funds appropriated under this
                                               UNITED STATES FISH AND WILDLIFE SERVICE                 structure; and (2) $7,000,000 is for territorial as-     heading in this Act for telehealth broadband ac-
                                                                                                       sistance, including general technical assistance:        tivities shall be available for obligation until 3
                                                              RESOURCE MANAGEMENT
                                                                                                       Provided, That any appropriation for disaster            days after the Indian Health Service provides to
                                                For an additional amount for ‘‘Resource Man-           assistance under this heading in this Act or pre-        the Committees on Appropriations of the House
                                              agement’’, $45,000,000, of which $15,000,000 shall       vious appropriations Acts may be used as non-            of Representatives and the Senate, a detailed
                                              be for wildlife inspections, interdictions, and in-      Federal matching funds for the purpose of haz-           spend plan that includes the cost, location, and
                                              vestigations and for domestic and international          ard mitigation grants provided pursuant to sec-          expected completion date of each activity: Pro-
                                              efforts to address wildlife trafficking; and of          tion 404 of the Robert T. Stafford Disaster Relief       vided further, That the Indian Health Service
                                              which $30,000,000 shall be for the care of captive       and Emergency Assistance Act (42 U.S.C. 5170c):          shall notify the Committees on Appropriations
                                              species listed under the Endangered Species Act,         Provided further, That amounts repurposed pur-           of the House of Representatives and the Senate
                                              rescued and confiscated wildlife, and other Fed-         suant to this section that were previously des-          quarterly on the obligations and expenditures of
                                              erally-owned animals in facilities experiencing          ignated by the Congress as an emergency re-              the funds provided by this Act: Provided fur-
                                              lost revenues due to the coronavirus: Provided,          quirement pursuant to the Balanced Budget and            ther, That section 1308 of this Act shall not
                                              That such amount is designated by the Congress           Emergency Deficit Control Act of 1985 are des-           apply to tribal contracts entered into by the Bu-
                                              as being for an emergency requirement pursuant           ignated by the Congress as an emergency re-              reau of Indian Affairs with this appropriation:
                                              to section 251(b)(2)(A)(i) of the Balanced Budget        quirement pursuant to section 251(b)(2)(A)(i) of         Provided further, That such amount is des-
                                              and Emergency Deficit Control Act of 1985.               the Balanced Budget and Emergency Deficit                ignated by the Congress as being for an emer-
                                                           NATIONAL PARK SERVICE                       Control Act of 1985: Provided further, That such         gency     requirement    pursuant     to   section
                                                 NATIONAL RECREATION AND PRESERVATION                  amount is designated by the Congress as being            251(b)(2)(A)(i) of the Balanced Budget and
                                                For an additional amount for ‘‘National                for an emergency requirement pursuant to sec-            Emergency Deficit Control Act of 1985.
                                              Recreation and Preservation’’, $20,000,000 for           tion 251(b)(2)(A)(i) of the Balanced Budget and                      INDIAN HEALTH FACILITIES
                                              grants as authorized by the 9/11 Memorial Act            Emergency Deficit Control Act of 1985.                      For an additional amount for ‘‘Indian Health
                                              (Public Law 115–413), to prevent, prepare for,                    OFFICE OF INSPECTOR GENERAL                     Facilities’’, $600,000,000, to prevent, prepare for,
                                              and respond to coronavirus. Provided, That                                                                        and respond to coronavirus, to modify existing
                                                                                                                         SALARIES AND EXPENSES
                                              such amount is designated by the Congress as                                                                      health facilities to provide isolation or quar-
                                              being for an emergency requirement pursuant to             For an additional amount for ‘‘Salaries and
                                                                                                       Expenses’’, $5,000,000, to remain available until        antine space, to purchase and install updated
                                              section 251(b)(2)(A)(i) of the Balanced Budget
                                                                                                       expended: Provided, That such amount is des-             equipment necessary, and for maintenance and
                                              and Emergency Deficit Control Act of 1985.
                                                                                                       ignated by the Congress as being for an emer-            improvement projects necessary to the purposes
                                                         BUREAU OF INDIAN AFFAIRS                                                                               specified in this Act: Provided, That such
                                                                                                       gency     requirement    pursuant   to    section
                                                      OPERATION OF INDIAN PROGRAMS                                                                              amounts may be used to supplement amounts
                                                                                                       251(b)(2)(A)(i) of the Balanced Budget and
                                                 For an additional amount for ‘‘Operation of           Emergency Deficit Control Act of 1985.                   otherwise available for such purposes under
                                              Indian Programs’’, $900,000,000, to prevent, pre-                                                                 ‘‘Indian Health Facilities’’: Provided further,
                                              pare for, and respond to coronavirus, of                       ENVIRONMENTAL PROTECTION AGENCY
                                                                                                                                                                That such amounts shall be in addition to any
                                              which—                                                        ENVIRONMENTAL PROGRAMS AND MANAGEMENT               other amounts available for such purposes: Pro-
                                                 (1) $100,000,000 shall be for housing improve-          For an additional amount for ‘‘Environmental           vided further, That such amounts, if transferred
                                              ment;                                                    Programs and Management’’, $50,000,000, for              to Tribes and Tribal organizations under the In-
                                                 (2) $780,000,000 shall be for providing Tribal        environmental justice grants as described in sec-        dian Self-Determination and Education Assist-
                                              government services, for Tribal government em-           tion 302 of division U of this Act: Provided, That       ance Act, will be transferred on a one-time basis
                                              ployee salaries to maintain operations, and              such amounts shall be in addition to any other           and that these non-recurring funds are not part
                                              cleaning and sanitization of Tribally owned and          amounts available for such purposes: Provided            of the amount required by section 106 of the In-
                                              operated facilities; and                                 further, That such amount is designated by the           dian Self-Determination and Education Assist-
                                                 (3) $20,000,000 shall be used to provide and de-      Congress as being for an emergency requirement           ance Act (25 U.S.C. 5325), and that such
                                              liver potable water:                                     pursuant to section 251(b)(2)(A)(i) of the Bal-          amounts may only be used for the purposes
                                              Provided, That none of the funds appropriated
                                                                                                       anced Budget and Emergency Deficit Control               identified under this heading notwithstanding
                                              herein shall be obligated until 3 days after the
                                                                                                       Act of 1985.                                             any other provision of law: Provided further,
                                              Bureau of Indian Affairs provides a detailed
                                              spend plan, which includes distribution and use             DEPARTMENT OF HEALTH AND HUMAN                        That the Indian Health Service shall notify the
                                              of funds by Tribe, to the Committees on Appro-                               SERVICES                             Committees on Appropriations of the House of
                                              priations of the House of Representatives and                                                                     Representatives and the Senate quarterly on the
                                                                                                                    INDIAN HEALTH SERVICE
                                              the Senate: Provided further, That such                                                                           obligations and expenditures of the funds pro-
                                                                                                                     INDIAN HEALTH SERVICES                     vided by this Act: Provided further, That section
                                              amounts shall be in addition to any other
                                              amounts available for such purposes: Provided              For an additional amount for ‘‘Indian Health           1308 of this Act shall not apply to tribal con-
                                              further, That the Bureau shall notify the Com-           Services’’, $1,734,000,000, to remain available          tracts entered into by the Bureau of Indian Af-
                                              mittees on Appropriations of the House of Rep-           until expended, to prevent, prepare for, respond         fairs with this appropriation: Provided further,
                                              resentatives and the Senate quarterly on the ob-         to, and provide health services related to               That such amount is designated by the Congress
                                              ligations and expenditures of the funds provided         coronavirus, of which—                                   as being for an emergency requirement pursuant
                                              by this Act: Provided further, That assistance             (1) $1,000,000,000 shall be used to supplement         to section 251(b)(2)(A)(i) of the Balanced Budget
                                              received herein shall not be included in the cal-        reduced third party revenue collections;                 and Emergency Deficit Control Act of 1985.
                                              culation of funds received by those Tribal gov-            (2) $500,000,000 shall be used for direct health           NATIONAL FOUNDATION ON THE ARTS AND
                                              ernments who participate in the ‘‘Small and              and telehealth services, including to purchase                                HUMANITIES
                                              Needy’’ program: Provided further, That such             supplies and personal protective equipment;
                                                                                                                                                                      NATIONAL ENDOWMENT FOR THE ARTS
                                              amounts, if transferred to Indian Tribes and               (3) $140,000,000 shall be used to expand
                                                                                                       broadband infrastructure and information tech-                     GRANTS AND ADMINISTRATION
                                              Tribal organizations under the Indian Self-De-
                                              termination and Education Assistance Act (1)             nology for telehealth and electronic health                For an additional amount for ‘‘Grants and
                                              will be transferred on a one-time basis, (2) are         record system purposes;                                  Administration’’, $135,000,000, for grants to re-
                                              non-recurring funds that are not part of the               (4) $20,000,000 shall be used to address the           spond to the impacts of coronavirus: Provided,
                                              amount required by 25 U.S.C. 5325, and (3) may           needs of domestic violence victims and homeless          That such funds are available under the same
                                              only be used for the purposes identified under           individuals and families;                                terms and conditions as grant funding appro-
                                              this heading in this Act, notwithstanding any              (5) not less than $64,000,000 shall be for Urban       priated to this heading in Public Law 116–94:
                                              other provision of law: Provided further, That           Indian Organizations; and,                               Provided further, That 40 percent of the funds
                                              section 1308 of this Act shall not apply to tribal         (6) not less than $10,000,000 shall be used to         made available under this heading in this Act
                                              contracts entered into by the Bureau of Indian           provide and deliver potable water:                       shall be distributed to State arts agencies and
                                              Affairs with this appropriation: Provided fur-           Provided, That such funds shall be allocated at          regional arts organizations and 60 percent of
                                              ther, That such amount is designated by the              the discretion of the Director of the Indian             such funds shall be for direct grants: Provided
                                              Congress as being for an emergency requirement           Health Service, and shall be in addition to any          further, That notwithstanding any other provi-
                                                                                                       other amounts available for such purposes: Pro-          sion of law, such funds may also be used by the




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                                              pursuant to section 251(b)(2)(A)(i) of the Bal-
                                              anced Budget and Emergency Deficit Control               vided further, That such amounts, if transferred         recipients of such grants for purposes of the
                                              Act of 1985.                                             to Tribes and Tribal organizations under the In-         general operations of such recipients: Provided
                                                                                                       dian Self-Determination and Education Assist-            further, That the matching requirements under
                                                            DEPARTMENTAL OFFICES
                                                                                                       ance Act, will be transferred on a one-time basis        subsections (e), (g)(4)(A), and (p)(3) of section 5
                                                                INSULAR AFFAIRS                        and that these non-recurring funds are not part          of the National Foundation on the Arts and Hu-
                                                         ASSISTANCE TO TERRITORIES                     of the amount required by section 106 of the In-         manities Act of 1965 (20 U.S.C. 954) may be
                                                For an additional amount for ‘‘Assistance to           dian Self-Determination and Education Assist-            waived with respect to such grants: Provided
                                              Territories’’, $1,000,000,000, to remain available       ance Act (25 U.S.C. 5325), and that such                 further, That such amount is designated by the




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                        H5221
                                              Congress as being for an emergency requirement          ments of clauses (i) and (ii) of section                       OCCUPATIONAL SAFETY AND HEALTH
                                              pursuant to section 251(b)(2)(A)(i) of the Bal-         129(a)(1)(B) or as in-school youth if they meet                        ADMINISTRATION
                                              anced Budget and Emergency Deficit Control              the requirements of clauses (i) and (iii) of sec-                    SALARIES AND EXPENSES
                                              Act of 1985.                                            tion 129(a)(1)(C) of the WIOA; Provided further,          For an additional amount for ‘‘Occupational
                                                NATIONAL ENDOWMENT FOR THE HUMANITIES                 That priority shall be given for out-of-school          Safety and Health Administration’’, $100,000,000
                                                                                                      youth and youth with multiple barriers to em-           for implementation of section 202 of division B
                                                        GRANTS AND ADMINISTRATION
                                                                                                      ployment: Provided further, That funds shall            this Act, and for worker protection and enforce-
                                                For an additional amount for ‘‘Grants and             support employer partnerships for youth em-
                                              Administration’’, $135,000,000, for grants to re-                                                               ment activities to prevent, prepare for, and re-
                                                                                                      ployment and subsidized employment, and part-           spond to coronavirus, of which $25,000,000 shall
                                              spond to the impacts of coronavirus: Provided,          nerships with community-based organizations to
                                              That such funds are available under the same                                                                    be for Susan Harwood training grants and at
                                                                                                      support such employment;                                least $70,000,000 shall be to hire additional com-
                                              terms and conditions as grant funding appro-
                                              priated to this heading in Public Law 116–94:              (3) $597,000,000 for grants to States for dis-       pliance safety and health officers, and for state
                                              Provided further, That 40 percent of the funds          located worker employment and training activi-          plan enforcement, to protect workers from
                                              made available under this heading in this Act           ties, including incumbent worker trainings,             coronavirus by enforcing all applicable stand-
                                              shall be distributed to state humanities councils       transitional jobs, on-the-job training, individ-        ards and directives, including 29 CFR 1910.132,
                                              and 60 percent of such funds shall be for direct        ualized career services, supportive services,           29 CFR 1910.134, section 5(a)(1) of the Occupa-
                                              grants: Provided further, That notwithstanding          needs-related payments, and to facilitate remote        tional Safety and Health Act of 1970, and 29
                                              any other provision of law, such funds may also         access to training services provided through a          CFR 1910.1030: Provided, That activities to pro-
                                              be used by the recipients of such grants for pur-       one-stop delivery system through the use of             tect workers from coronavirus supported by
                                              poses of the general operations of such recipi-         technology: Provided, That a dislocated worker          funds provided under this heading includes ad-
                                              ents: Provided further, That the matching re-           shall not be required to meet the requirements of       ditional enforcement of standards and directives
                                              quirements under subsection (h)(2)(A) of section        section 134(c)(3)(B) of the WIOA: Provided fur-         referenced in the preceding proviso at slaughter-
                                              7 of the National Foundation on the Arts and            ther, That a dislocated worker who meets the re-        houses, poultry processing plants, and agricul-
                                              Humanities Act of 1965 may be waived with re-           quirements described in section 2102(a)(3)(A) of        tural workplaces: Provided further, That within
                                              spect to such grants: Provided further, That            Public Law 116–136 may be eligible for participa-       15 days of the date of enactment of this Act, the
                                              such amount is designated by the Congress as            tion;                                                   Secretary of Labor shall submit a spending and
                                              being for an emergency requirement pursuant to             (4) $500,000,000 for the dislocated workers as-      hiring plan for the funds made available under
                                              section 251(b)(2)(A)(i) of the Balanced Budget          sistance national reserve; and                          this heading, and a monthly staffing report
                                              and Emergency Deficit Control Act of 1985.                 (5) $25,000,000 for migrant and seasonal farm-       until all funds are expended, to the Committees
                                                                                                      worker programs under section 167 of the WIOA,          on Appropriations of the House of Representa-
                                                                 TITLE VIII
                                                                                                      including emergency supportive services of              tives and the Senate: Provided further, That
                                              DEPARTMENTS OF LABOR, HEALTH AND                                                                                within 15 days of the date of enactment of this
                                                HUMAN SERVICES, AND EDUCATION,                        which no less than $500,000 shall be for the col-
                                                                                                      lection and dissemination of electronic and             Act, the Secretary of Labor shall submit a plan
                                                AND RELATED AGENCIES                                                                                          for the additional enforcement activities de-
                                                                                                      printed materials related to coronavirus to the
                                                        DEPARTMENT OF LABOR                           migrant and seasonal farmworker population              scribed in the third proviso to the Committees on
                                                EMPLOYMENT AND TRAINING ADMINISTRATION                nationwide, including Puerto Rico, through a            Appropriations of the House of Representatives
                                                    TRAINING AND EMPLOYMENT SERVICES                  cooperative agreement, and of which $1,000,000          and the Senate: Provided further, That such
                                                                                                      shall be for migrant and seasonal farmworker            amount is designated by the Congress as being
                                                      (INCLUDING TRANSFER OF FUNDS)                                                                           for an emergency requirement pursuant to sec-
                                                                                                      housing:
                                                 For an additional amount for ‘‘Training and                                                                  tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              Employment Services’’, $2,140,000,000, to pre-          Provided, That such amount is designated by             Emergency Deficit Control Act of 1985.
                                              vent, prepare for, and respond to coronavirus,          the Congress as being for an emergency require-
                                                                                                      ment pursuant to section 251(b)(2)(A)(i) of the                   OFFICE OF INSPECTOR GENERAL
                                              of which $15,000,000 shall be transferred to
                                                                                                      Balanced Budget and Emergency Deficit Con-                For an additional amount for ‘‘Office of In-
                                              ‘‘Program Administration’’ to carry out activi-
                                                                                                      trol Act of 1985.                                       spector General’’, $5,000,000, to remain available
                                              ties in this Act, Public Law 116–127 and Public
                                                                                                                                                              until expended, to prevent, prepare for, and re-
                                              Law 116–136 for full-time equivalent employees,               STATE UNEMPLOYMENT INSURANCE AND                  spond to coronavirus. Provided, That such
                                              information technology upgrades needed to ex-                   EMPLOYMENT SERVICE OPERATIONS                   amount is designated by the Congress as being
                                              pedite payments and support implementation,
                                                                                                         For an additional amount for ‘‘State Unem-           for an emergency requirement pursuant to sec-
                                              including to expedite policy guidance and dis-
                                                                                                      ployment Insurance and Employment Service               tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              bursement of funds, technical assistance and
                                                                                                      Operations’’, $538,500,000, to prevent, prepare         Emergency Deficit Control Act of 1985.
                                              other assistance to States and territories to
                                              speed payment of Federal and State unemploy-            for, and respond to coronavirus, which may be             ADMINISTRATIVE PROVISIONS—DEPARTMENT OF
                                              ment benefits, and of which the remaining               expended from the Employment Security Admin-                                  LABOR
                                              amounts shall be used to carry out activities           istration Account in the Unemployment Trust                SEC. 801. (a) There is hereby appropriated for
                                              under the Workforce Innovation and Oppor-               Fund (‘‘The Trust Fund’’), of which:                    an additional amount for fiscal year 2021 for
                                              tunity Act (referred to in this Act as ‘‘WIOA’’)           (1) $38,500,000 from the Trust Fund is for na-       ‘‘Department of Labor—Employment Training
                                              as follows:                                             tional activities necessary to support the admin-       Administration—State Unemployment Insurance
                                                 (1) $485,000,000 for grants to the States for        istration of the Federal-State unemployment in-         and      Employment       Service     Operations’’,
                                              adult employment and training activities, in-           surance system; and                                     $28,600,000, to be expended from the Employment
                                              cluding incumbent worker trainings, transi-                (2) $500,000,000 from the Trust Fund is for          Security Administration Account in the Unem-
                                              tional jobs, on-the-job training, individualized        grants to States in accordance with section 6 of        ployment Trust Fund (‘‘the Trust Fund’’) to
                                              career services, supportive services, needs-re-         the Wagner-Peyser Act:                                  carry out title III of the Social Security Act:
                                              lated payments, and to facilitate remote access                                                                 Provided, That such amount shall only become
                                                                                                      Provided, That such amount is designated by
                                              to training services provided through a one-stop                                                                available for obligation if the Average Weekly
                                                                                                      the Congress as being for an emergency require-
                                              delivery system through the use of technology:                                                                  Insured Unemployment (‘‘AWIU’’) for fiscal
                                                                                                      ment pursuant to section 251(b)(2)(A)(i) of the
                                              Provided, That an adult shall not be required to                                                                year 2021 is projected, by the Department of
                                                                                                      Balanced Budget and Emergency Deficit Con-
                                              meet the requirements of section 134(c)(3)(B) of                                                                Labor during fiscal year 2021 to exceed 1,728,000:
                                                                                                      trol Act of 1985.
                                              the WIOA: Provided further, That an adult who                                                                   Provided further, That to the extent that the
                                              meets the requirements described in section                         WAGE AND HOUR DIVISION                      AWIU for fiscal year 2021 is projected by the De-
                                              2102(a)(3)(A) of Public Law 116–136 may be eligi-                                                               partment of Labor to exceed 1,728,000, an addi-
                                                                                                                       SALARIES AND EXPENSES
                                              ble for participation: Provided further, That pri-                                                              tional $28,600,000 from the Trust Fund shall be
                                              ority may be given to individuals who are ad-             For an additional amount for ‘‘Wage and               made available for obligation during fiscal year
                                              versely impacted by economic changes due to             Hour Division’’, $6,500,000 to prevent, prepare         2021 for every 100,000 increase in the AWIU level
                                              the coronavirus, including individuals seeking          for, and respond to coronavirus, including for          (including a pro rata amount for any increment
                                              employment, dislocated workers, individuals             the administration, oversight, and coordination         less than 100,000): Provided further, That, ex-
                                              with barriers to employment, individuals who            of worker protection activities related thereto:        cept as specified in this section, amounts pro-
                                              are unemployed, or individuals who are under-           Provided, That the Secretary of Labor shall use         vided herein shall be available under the same
                                              employed;                                               funds provided under this heading to support            authority and conditions applicable to funds
                                                 (2) $518,000,000 for grants to the States for        enforcement activities and outreach efforts to          provided to carry out title III of the Social Secu-




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                                              youth activities, including supportive services,        make individuals, particularly low-wage work-           rity Act under the heading ‘‘Department of
                                              summer employment for youth, and to facilitate          ers, aware of their rights under division C and         Labor—Employment Training Administration—
                                              remote access to training services provided             division E of Public Law 116–127 and this Act:          State Unemployment Insurance and Employ-
                                              through a one-stop delivery system through the          Provided further, That such amount is des-              ment Service Operations’’ in division A of Public
                                              use of technology: Provided, That individuals           ignated by the Congress as being for an emer-           Law 116–94: Provided further, That such
                                              described in section 2102(a)(3)(A) of Public Law        gency     requirement   pursuant    to   section        amounts shall be in addition to any other funds
                                              116–136 may be eligible for participation as an         251(b)(2)(A)(i) of the Balanced Budget and              made available in any fiscal year for such pur-
                                              out-of-school youth if they meet the require-           Emergency Deficit Control Act of 1985.                  poses: Provided further, That such amount is




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                                              H5222                                               CONGRESSIONAL RECORD — HOUSE                                                           October 1, 2020
                                              designated by the Congress as being for an               through a supplemental grant or grants to states       ther, That of the amount made available under
                                              emergency requirement pursuant to section                currently participating in the NHSC State Loan         this heading in this Act for specified programs,
                                              251(b)(2)(A)(i) of the Balanced Budget and               Repayment Program notwithstanding section              not less than $100,000,000 shall be allocated to
                                              Emergency Deficit Control Act of 1985.                   338I(b) of the PHS Act, to make awards as au-          tribes, tribal organizations, urban Indian health
                                                 (b)(1) Section 101(8) of the Continuing Appro-        thorized under section 338I(j) of the Public           organizations, or health service providers to
                                              priations Act, 2021 (division A of H.R. 8337 of          Health Service (PHS) Act, and notwithstanding          tribes: Provided further, That of the amount
                                              the 116th Congress), is amended by inserting             the health professional shortage area require-         made available under this heading in this Act,
                                              ‘‘except the first proviso following paragraph (6)       ments under 338I, the Secretary may develop            not less than $1,000,000,000 shall be for global
                                              under the heading ‘Department of Labor—State             rules needed to implement this proviso: Provided       disease detection and emergency response: Pro-
                                              Unemployment Insurance and Employment                    further, That for purposes of the previous pro-        vided further, That of the amount provided
                                              Service Operations’ ’’ before the period.                viso, notwithstanding section 338I(d)(2) of the        under this heading in this Act, not less than
                                                 (2) Any obligations and expenditures made for         PHS Act, no more than 10 percent of funds made         $200,000,000 shall be for public health data sur-
                                              projects or activities described in this section be-     available in such supplemental grants may be           veillance and analytics infrastructure mod-
                                              fore the date of enactment of this Act pursuant          used by the state for administration of the State      ernization: Provided further, That of the
                                              to the first proviso following paragraph (6)             Loan Repayment Program in that state: Pro-             amount made available under this heading in
                                              under the heading ‘‘Department of Labor—State            vided further, That for the purposes of these          this Act, $7,000,000,000 shall be for activities to
                                              Unemployment Insurance and Employment                    funds, the term ‘‘primary health services’’ and        plan, prepare for, promote, distribute, admin-
                                              Service Operations’’ as provided by section 101          ‘‘primary health care services’’ as referenced in      ister, monitor, and track coronavirus vaccines,
                                              of the Continuing Appropriations Act, 2021 shall         section 338I of the PHS Act, includes public           as described in section 703 of division K of this
                                              be charged to the appropriation provided by this         health services, as defined by the Secretary:          Act, to ensure broad-based distribution, access,
                                              section, consistent with section 107 of the Con-         Provided further, That such amount is des-             and vaccine coverage: Provided further, That of
                                              tinuing Appropriations Act, 2021.                        ignated by the Congress as being for an emer-          the amount made available under this heading
                                                 SEC. 802. (a) Any funds made available under          gency     requirement     pursuant    to    section    in this Act, $1,000,000,000 shall be for necessary
                                              this Act to support or fund apprenticeship pro-          251(b)(2)(A)(i) of the Balanced Budget and             expenses for grants for an evidence-based public
                                              grams shall only be used for, or provided to, ap-        Emergency Deficit Control Act of 1985.                 awareness campaign on the importance of vac-
                                              prenticeship programs as defined in subsection                  MATERNAL AND CHILD HEALTH                       cinations, as described in section 704 of division
                                              (b) of this section, including any funds awarded            For an additional amount for ‘‘Maternal and         K of this Act: Provided further, That of the
                                              for the purposes of grants, contracts, or cooper-        Child Health’’, $500,000,000, to prevent, prepare      amount made available under this heading in
                                              ative agreements, or the development, implemen-          for, and respond to coronavirus, for carrying          this Act, $2,000,000,000 shall be for necessary ex-
                                              tation, or administration, of an apprenticeship          out title V of the Social Security Act with re-        penses for grants to State, local, Tribal, or terri-
                                              program.                                                 spect to maternal and child health: Provided,          torial health departments to purchase or pro-
                                                 (b) The term ‘‘apprenticeship’’ means an ap-                                                                 cure personal protective equipment and other
                                                                                                       That notwithstanding sections 502(a)(1) and
                                              prenticeship program registered under the Act of                                                                workplace safety measures for use in contain-
                                                                                                       502(b)(1) of the Social Security Act, such funds
                                              August 16, 1937 (commonly known as the ‘‘Na-                                                                    ment and mitigation of COVID-19 transmission
                                                                                                       shall be available for awards to states and terri-
                                              tional Apprenticeship Act’’) (50 Stat. 664, chap-                                                               among essential workers, as well as provide
                                                                                                       tories to carry out special projects of regional
                                              ter 663; 29 U.S.C. 50 et seq.) and that complies                                                                funding to employers of essential workers for
                                                                                                       and national significance pursuant to section
                                              with the requirements of subpart A of part 29,                                                                  containment and mitigation of COVID-19 trans-
                                                                                                       501(a)(2) of such Act: Provided further, That
                                              Code of Federal Regulations, and part 30 of                                                                     mission among essential workers in their work-
                                                                                                       such amount is designated by the Congress as
                                              such title (as in effect on September 30, 2020).                                                                places, as described in section 651 of division K
                                                                                                       being for an emergency requirement pursuant to
                                                 DEPARTMENT OF HEALTH AND HUMAN                        section 251(b)(2)(A)(i) of the Balanced Budget         of this Act: Provided further, That of the
                                                                   SERVICES                            and Emergency Deficit Control Act of 1985.             amount made available under this heading in
                                                       HEALTH RESOURCES AND SERVICES                                                                          this Act, up to $500,000,000 shall be for activities
                                                                                                                 RYAN WHITE HIV/AIDS PROGRAM
                                                                ADMINISTRATION                                                                                to plan, prepare for, promote, distribute, admin-
                                                                                                          For an additional amount for ‘‘Ryan White           ister, monitor, and track seasonal influenza vac-
                                                              PRIMARY HEALTH CARE                      HIV/AIDS Program’’, $100,000,000, to prevent,          cines to ensure broad-based distribution, access,
                                                For an additional amount for ‘‘Primary                 prepare for, and respond to coronavirus: Pro-          and vaccine coverage: Provided further, That
                                              Health Care’’, $7,600,000,000, for necessary ex-         vided, That awards from funds provided under           funds made available under this heading in this
                                              penses to prevent, prepare for, and respond to           this heading in this Act shall be through modi-        Act may reimburse CDC obligations incurred for
                                              coronavirus, for grants and cooperative agree-           fications to existing contracts and supplements        vaccine planning, preparation, promotion, and
                                              ments under the Health Centers Program, as de-           to existing grants and cooperative agreements          distribution prior to the enactment of this Act:
                                              fined by section 330 of the Public Health Service        under parts A, B, C, D, and F, or section 2692(a)      Provided further, That the Director of CDC
                                              Act, and for grants to Federally qualified health        of title XXVI of the Public Health Service Act:        shall report to the Committees on Appropria-
                                              centers, as defined in section 1861(aa)(4)(B) of         Provided further, That such supplements shall          tions of the House of Representatives and the
                                              the Social Security Act, and for eligible entities       be awarded using a data-driven methodology             Senate within 60 days of enactment of this Act
                                              under the Native Hawaiian Health Care Im-                determined by the Secretary of Health and              on an enhanced seasonal influenza vaccination
                                              provement Act, including maintenance or ex-              Human Services: Provided further, That sections        strategy to include nationwide vaccination goals
                                              pansion of health center and system capacity             2604(c), 2612(b), and 2651(c) of the Public Health     and specific actions that CDC will take to
                                              and staffing levels: Provided, That sections             Service Act shall not apply to funds provided          achieve such goals: Provided further, That
                                              330(r)(2)(B),         330(e)(6)(A)(iii),        and      under this heading in this Act: Provided fur-          funds appropriated under this heading in this
                                              330(e)(6)(B)(iii) shall not apply to funds pro-          ther, That the Secretary may waive any pen-            Act for grants may be used for the rent, lease,
                                              vided under this heading in this Act: Provided           alties and administrative requirements as may          purchase, acquisition, construction, alteration,
                                              further, That funds provided under this heading          attach to these funds or to funds awarded under        or renovation of non-Federally owned facilities
                                              in this Act may be used to (1) purchase equip-           title XXVI with respect to the Ryan White HIV/         to improve preparedness and response capability
                                              ment and supplies to conduct mobile testing for          AIDS program as necessary to ensure that the           at the State and local level: Provided further,
                                              SARS–CoV–2 or COVID–19; (2) purchase and                 funds may be used efficiently: Provided further,       That all construction, alteration, or renovation
                                              maintain mobile vehicles and equipment to con-           That such amount is designated by the Congress         work, carried out, in whole or in part, with
                                              duct such testing; and (3) hire and train labora-        as being for an emergency requirement pursuant         funds appropriated under this heading in this
                                              tory personnel and other staff to conduct such           to section 251(b)(2)(A)(i) of the Balanced Budget      Act, or under this heading in the CARES Act
                                              mobile testing: Provided further, That such              and Emergency Deficit Control Act of 1985.             (Public Law 116–136), shall be subject to the re-
                                              amount is designated by the Congress as being                    CENTERS FOR DISEASE CONTROL AND                quirements of section 1621(b)(1)(I) of the Public
                                              for an emergency requirement pursuant to sec-                                PREVENTION                         Health Service Act (42 U.S.C. 300s–1(b)(1)(I)):
                                              tion 251(b)(2)(A)(i) of the Balanced Budget and             CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT             Provided further, That such amount is des-
                                              Emergency Deficit Control Act of 1985.                                                                          ignated by the Congress as being for an emer-
                                                                                                          For an additional amount for ‘‘CDC–Wide Ac-
                                                           HEALTH WORKFORCE                            tivities and Program Support’’, $13,700,000,000,       gency      requirement    pursuant     to   section
                                                For an additional amount for ‘‘Health Work-            to prevent, prepare for, and respond to                251(b)(2)(A)(i) of the Balanced Budget and
                                              force’’, $1,000,000,000, to remain available until       coronavirus, domestically or internationally:          Emergency Deficit Control Act of 1985.
                                              September 30, 2022, to prevent, prepare for, and         Provided, That of the amount provided under                    NATIONAL INSTITUTES OF HEALTH
                                              respond to coronavirus, of which $800,000,000            this heading in this Act, $1,000,000,000 shall be
                                                                                                                                                                     NATIONAL INSTITUTE OF ALLERGY AND
                                              shall be for carrying out title III of the Public        for Public Health Emergency Preparedness co-




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                                                                                                                                                                            INFECTIOUS DISEASES
                                              Health Service Act with respect to the health            operative agreements under section 319C–1 of
                                              workforce and $200,000,000 shall be for carrying         the Public Health Service Act: Provided further,         For an additional amount for ‘‘National Insti-
                                              out section 846 of such Act: Provided, That of           That, of the amount provided under this head-          tute of Allergy and Infectious Diseases’’,
                                              the amount made available under this heading             ing in this Act, $1,000,000,000 shall be for nec-      $500,000,000, to remain available until September
                                              in this Act for carrying out title III of the Public     essary expenses for grants for core public health      30, 2024, to prevent, prepare for, and respond to
                                              Health Service Act with respect to the health            infrastructure for State, local, Territorial, or       coronavirus: Provided, That such amount is des-
                                              workforce, $100,000,000 shall be made available          Tribal health departments as described in sec-         ignated by the Congress as being for an emer-
                                              for purposes of providing public health services         tion 550 of division K of this Act: Provided fur-      gency     requirement    pursuant    to    section




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                      H5223
                                              251(b)(2)(A)(i) of the Balanced Budget and              further, That with respect to the amount appro-         Provided further, That the Secretary shall re-
                                              Emergency Deficit Control Act of 1985.                  priated under this heading in this Act the Sub-         mind States that CCDBG State plans do not
                                                  NATIONAL INSTITUTE OF MENTAL HEALTH                 stance Abuse and Mental Health Services Ad-             need to be amended prior to utilizing existing
                                                For an additional amount for ‘‘National Insti-        ministration may waive requirements with re-            authorities in the Child Care and Development
                                              tute of Mental Health’’, $200,000,000, to remain        spect to allowable activities, timelines, or report-    Block Grant Act for the purposes provided here-
                                              available until September 30, 2024, to prevent,         ing requirements for the Substance Abuse Pre-           in: Provided further, That States, Territories,
                                              prepare for, and respond to coronavirus: Pro-           vention and Treatment Block Grant and the               and Tribes are authorized to use funds appro-
                                              vided, That such amount is designated by the            Community Mental Health Services Block Grant            priated under this heading in this Act to provide
                                              Congress as being for an emergency requirement          as deemed necessary to facilitate a grantee’s re-       child care assistance to health care sector em-
                                              pursuant to section 251(b)(2)(A)(i) of the Bal-         sponse to coronavirus: Provided further, That           ployees, emergency responders, sanitation work-
                                              anced Budget and Emergency Deficit Control              such amount is designated by the Congress as            ers, farmworkers, and other workers deemed es-
                                              Act of 1985.                                            being for an emergency requirement pursuant to          sential during the response to coronavirus by
                                                                                                      section 251(b)(2)(A)(i) of the Balanced Budget          public officials, without regard to the income
                                                          OFFICE OF THE DIRECTOR
                                                                                                      and Emergency Deficit Control Act of 1985.              eligibility requirements of section 658P(4) of
                                                      (INCLUDING TRANSFER OF FUNDS)
                                                                                                       CENTERS FOR MEDICARE & MEDICAID SERVICES               such Act: Provided further, That funds appro-
                                                 For an additional amount for ‘‘Office of the                                                                 priated under this heading in this Act shall be
                                                                                                                       PROGRAM MANAGEMENT
                                              Director’’, $4,021,000,000, to remain available
                                                                                                        For an additional amount for ‘‘Program Man-           available to eligible child care providers under
                                              until September 30, 2024, to prevent, prepare for,
                                                                                                      agement’’, $500,000,000, to prevent, prepare for,       section 658P(6) of the CCDBG Act, even if such
                                              and respond to coronavirus, domestically or
                                                                                                      and respond to coronavirus, for State strike            providers were not receiving CCDBG assistance
                                              internationally: Provided, That not less than
                                                                                                      teams for resident and employee safety in skilled       prior to the public health emergency as a result
                                              $3,000,000,000 of the amount provided under this
                                                                                                      nursing facilities and nursing facilities, includ-      of the coronavirus, for the purposes of cleaning
                                              heading in this Act shall be for offsetting the
                                                                                                      ing activities to support clinical care, infection      and sanitation, and other activities necessary to
                                              costs related to reductions in lab productivity
                                                                                                      control, and staffing pursuant to section 208 of        maintain or resume the operation of programs:
                                              resulting from the coronavirus pandemic or pub-
                                                                                                      division K of this Act: Provided, That such             Provided further, That no later than 60 days
                                              lic health measures related to the coronavirus
                                                                                                      amount is designated by the Congress as being           after the date of enactment of this Act, each
                                              pandemic: Provided further, That up to
                                                                                                      for an emergency requirement pursuant to sec-           State, Territory, and Tribe that receives funding
                                              $1,021,000,000 of the amount provided under this
                                              heading in this Act shall be to support addi-           tion 251(b)(2)(A)(i) of the Balanced Budget and         under this heading in this Act shall submit to
                                              tional scientific research or the programs and          Emergency Deficit Control Act of 1985.                  the Secretary a report, in such manner as the
                                              platforms that support research: Provided fur-           ADMINISTRATION FOR CHILDREN AND FAMILIES               Secretary may require, describing how the funds
                                              ther, That funds made available under this                    LOW INCOME HOME ENERGY ASSISTANCE
                                                                                                                                                              appropriated under this heading in this Act will
                                              heading in this Act may be transferred to the                                                                   be spent and that no later than 90 days after
                                                                                                        For an additional amount for ‘‘Low Income
                                              accounts of the Institutes and Centers of the                                                                   the date of enactment of this Act, the Secretary
                                                                                                      Home Energy Assistance’’, $4,500,000,000, to pre-
                                              National Institutes of Health (‘‘NIH’’): Provided                                                               shall submit to the Committees on Appropria-
                                                                                                      vent, prepare for, and respond to coronavirus,
                                              further, That this transfer authority is in addi-                                                               tions of the House of Representatives and the
                                                                                                      for making payments under subsection (b) of
                                              tion to any other transfer authority available to                                                               Senate, the Committee on Education and Labor
                                                                                                      section 2602 of the Low-Income Home Energy
                                              the NIH: Provided further, That such amount is                                                                  of the House of Representatives, and the Com-
                                                                                                      Assistance Act of 1981 (42 U.S.C. 8621 et seq.):
                                              designated by the Congress as being for an                                                                      mittee on Health, Education, Labor, and Pen-
                                                                                                      Provided, That of the amount provided under
                                              emergency requirement pursuant to section                                                                       sions of the Senate a report summarizing such
                                                                                                      this heading in this Act, $2,250,000,000 shall be
                                              251(b)(2)(A)(i) of the Balanced Budget and                                                                      reports from the States, Territories, and Tribes:
                                                                                                      allocated as though the total appropriation for
                                              Emergency Deficit Control Act of 1985.                  such payments for fiscal year 2021 was less than        Provided further, That, no later than October
                                                   SUBSTANCE ABUSE AND MENTAL HEALTH                  $1,975,000,000: Provided further, That section          31, 2021, each State, Territory, and Tribe that
                                                          SERVICES ADMINISTRATION                     2607(b)(2)(B)   of   such    Act    (42   U.S.C.        receives funding under this heading in this Act
                                                                                                      8626(b)(2)(B)) shall not apply to funds made            shall submit to the Secretary a report, in such
                                               HEALTH SURVEILLANCE AND PROGRAM SUPPORT
                                                                                                      available under this heading in this Act: Pro-          manner as the Secretary may require, describing
                                                For an additional amount for ‘‘Health Sur-                                                                    how the funds appropriated under this heading
                                              veillance and Program Support’’, $8,500,000,000,        vided further, That such amount is designated
                                                                                                      by the Congress as being for an emergency re-           in this Act were spent and that no later than 60
                                              to prevent, prepare for, and respond to                                                                         days after receiving such reports from the
                                              coronavirus: Provided, That of the funds made           quirement pursuant to section 251(b)(2)(A)(i) of
                                                                                                      the Balanced Budget and Emergency Deficit               States, Territories, and Tribes, the Secretary
                                              available under this heading in this Act,                                                                       shall submit to the Committees on Appropria-
                                              $3,500,000,000 shall be for grants for the sub-         Control Act of 1985.
                                                                                                                                                              tions of the House of Representatives and the
                                              stance abuse prevention and treatment block              PAYMENTS TO STATES FOR THE CHILD CARE AND
                                                                                                                                                              Senate, the Committee on Education and Labor
                                              grant program under subpart II of part B of title               DEVELOPMENT BLOCK GRANT
                                                                                                                                                              of the House of Representatives, and the Com-
                                              XIX of the Public Health Service Act (‘‘PHS                For an additional amount for ‘‘Payments to           mittee on Health, Education, Labor, and Pen-
                                              Act’’): Provided further, That of the funds made        States for the Child Care and Development               sions of the Senate a report summarizing such
                                              available under this heading in this Act,               Block Grant’’, $7,000,000,000, to prevent, prepare      reports from the States, Territories, and Tribes:
                                              $4,000,000,000 shall be for grants for the commu-       for, and respond to coronavirus, including for
                                                                                                                                                              Provided further, That payments made under
                                              nity mental health services block grant program         Federal administrative expenses, which shall be
                                                                                                                                                              this heading in this Act may be obligated in this
                                              under subpart I of part B of title XIX of the           used to supplement, not supplant State, Terri-
                                                                                                                                                              fiscal year or the succeeding two fiscal years:
                                              PHS Act: Provided further, That of the amount           tory, and Tribal general revenue funds for child
                                                                                                                                                              Provided further, That funds appropriated
                                              made available in the previous proviso, the As-         care assistance for low-income families within
                                                                                                                                                              under this heading in this Act may be made
                                              sistant Secretary is directed to provide no less        the United States (including territories) without
                                                                                                                                                              available to restore amounts, either directly or
                                              than 50 percent of funds directly to facilities de-     regard to requirements in sections 658E(c)(3)(D)–
                                                                                                                                                              through reimbursement, for obligations incurred
                                              fined in section 1913(c) of the PHS Act: Provided       (E) or section 658G of the Child Care and Devel-
                                                                                                                                                              to prevent, prepare for, and respond to
                                              further, That of the amount made available              opment Block Grant Act: Provided, That funds
                                                                                                                                                              coronavirus, prior to the date of enactment of
                                              under this heading in this Act, not less than           provided under this heading in this Act may be
                                                                                                                                                              this Act: Provided further, That such amount is
                                              $600,000,000 is available for Certified Community       used for costs of providing relief from copay-
                                              Behavioral Health Clinic Expansion Grant pro-           ments and tuition payments for families and for         designated by the Congress as being for an
                                              gram: Provided further, That of the amount              paying that portion of the child care provider’s        emergency requirement pursuant to section
                                              made available under this heading in this Act,          cost ordinarily paid through family copayments,         251(b)(2)(A)(i) of the Balanced Budget and
                                              not less than $50,000,000 shall be available for        to provide continued payments and assistance to         Emergency Deficit Control Act of 1985.
                                              suicide prevention programs: Provided further,          child care providers in the case of decreased en-         For an additional amount for ‘‘Payments to
                                              That of the funds made available under this             rollment or closures related to coronavirus, and        States for the Child Care and Development
                                              heading in this Act, $100,000,000 shall be for ac-      to ensure child care providers are able to remain       Block Grant’’, $50,000,000,000, for necessary ex-
                                              tivities and services under Project AWARE: Pro-         open or reopen as appropriate and applicable:           penses to carry out the Child Care Stabilization
                                              vided further, That of the funds made available         Provided further, That States, Territories, and         Fund program, as authorized by section 803 of
                                              under this heading in this Act, $10,000,000 shall       Tribes are encouraged to place conditions on            this Act: Provided, That such funds shall be
                                              be for the National Child Traumatic Stress Net-         payments to child care providers that ensure            available without regard to the requirements in
                                              work: Provided further, That of the amount              that child care providers use a portion of funds        subparagraphs (C) through (E) of section
                                              made available under this heading in this Act,          received to continue to pay the salaries and            658E(c)(3) or section 658G of the Child Care and




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                                              $240,000,000 is available for activities authorized     wages of staff: Provided further, That lead             Development Block Grant Act: Provided further,
                                              under section 501(o) of the PHS Act: Provided           agencies shall, for the duration of the COVID–          That funds made available under this heading
                                              further, That of the amount made available              19 public health emergency, implement enroll-           in this Act may be made available to restore
                                              under this heading in this Act for specified pro-       ment and eligibility policies that support the          amounts, either directly or through reimburse-
                                              grams, not less than $150,000,000 shall be allo-        fixed costs of providing child care services by         ment, for obligations incurred prior to the date
                                              cated to tribes, tribal organizations, urban In-        delinking provider reimbursement rates from an          of enactment of this Act for the purposes pro-
                                              dian health organizations, or health or behav-          eligible child’s absence and a provider’s closure       vided herein: Provided further, That such
                                              ioral health service providers to tribes: Provided      due to the COVID–19 public health emergency:            amount is designated by the Congress as being




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                                              H5224                                              CONGRESSIONAL RECORD — HOUSE                                                          October 1, 2020
                                              for an emergency requirement pursuant to sec-           the COVID–19 public health emergency, such as             (I) a good-faith certification that the ongoing
                                              tion 251(b)(2)(A)(i) of the Balanced Budget and         conducting community needs assessments, car-           operations of the child care provider have been
                                              Emergency Deficit Control Act of 1985.                  rying out child care cost modeling, making im-         impacted as a result of the COVID–19 public
                                                      CHILD CARE STABILIZATION FUND                   provements to child care facilities, increasing        health emergency;
                                                 SEC. 803. (a) DEFINITIONS.—In this section:          access to licensure or participation in the State’s       (II) for a provider described in subparagraph
                                                 (1) CCDBG TERMS.—The terms ‘‘eligible child          tiered quality rating system, and carrying out         (B)(ii)(I), an assurance that, for the duration of
                                              care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’,     other activities described in section 658G(b) of       the subgrant—
                                              ‘‘tribal organization’’, ‘‘Secretary’’, and ‘‘State’’   the Child Care and Development Block Grant                (aa) the provider will give priority for avail-
                                              have the meanings given the terms in section            Act of 1990 (42 U.S.C. 9858e(b)), to the extent        able slots (including slots that are only tempo-
                                              658P of the Child Care and Development Block            that the lead agency can carry out activities de-      rarily available) to—
                                              Grant Act of 1990 (42 U.S.C. 9858n) except as           scribed in this subparagraph without preventing           (AA) children of essential workers (such as
                                              otherwise provided in this section.                     the lead agency from fully conducting the ac-          health care sector employees, emergency re-
                                                 (2) COVID–19 PUBLIC HEALTH EMERGENCY.—               tivities described in subparagraphs (A) through        sponders, sanitation workers, farmworkers,
                                              The term ‘‘COVID–19 public health emergency’’           (D).                                                   child care employees, and other workers deter-
                                              means the public health emergency declared by              (2) SUBGRANTS TO QUALIFIED CHILD CARE PRO-          mined to be essential during the response to
                                              the Secretary of Health and Human Services              VIDERS.—                                               coronavirus by public officials), children of
                                                                                                         (A) IN GENERAL.—The lead agency shall use           workers whose places of employment require
                                              under section 319 of the Public Health Service
                                                                                                      the remainder of the grant funds awarded pur-          their attendance, children experiencing home-
                                              Act (42 U.S.C. 247d) on January 31, 2020, with
                                                                                                      suant to subsection (b) to make subgrants to           lessness, children with disabilities, children at
                                              respect to COVID–19, including any renewal of
                                                                                                      qualified child care providers described in sub-       risk of child abuse or neglect, and children in
                                              the declaration.
                                                                                                      paragraph (B), to support the stability of the         foster care, in States, tribal communities, or lo-
                                                 (b) GRANTS.—From the amounts appropriated
                                                                                                      child care sector during and after the COVID–          calities where stay-at-home or related orders are
                                              to carry out this section and under the author-
                                                                                                      19 public health emergency and to ensure the           in effect; or
                                              ity of section 658O of the Child Care and Devel-
                                                                                                      maintenance of a delivery system of child care            (BB) children of workers whose places of em-
                                              opment Block Grant Act of 1990 (42 U.S.C.
                                                                                                      services throughout the State that provides for        ployment require their attendance, children ex-
                                              9858m) and this section, the Secretary shall
                                                                                                      child care in a variety of settings, including the     periencing homelessness, children with disabil-
                                              award child care stabilization grants to the lead
                                                                                                      settings of family child care providers, and for a     ities, children at risk of child abuse or neglect,
                                              agency of each State (as defined in that section
                                                                                                      variety of ages, including care for infants and        children in foster care, and children whose par-
                                              658O), territory described in subsection (a)(1) of
                                                                                                      toddlers. The lead agency shall provide the            ents are in school or a training program, in
                                              such section, Indian tribe, and tribal organiza-
                                                                                                      subgrant funds in advance of provider expendi-         States, tribal communities, or localities where
                                              tion from allotments and payments made under
                                                                                                      tures for costs described in subsection (e), except    stay-at-home or related orders are not in effect;
                                              subsection (c)(2), not later than 30 days after
                                                                                                      as provided in subsection (e)(2).                         (bb) the provider will implement policies in
                                              the date of enactment of this Act.
                                                                                                         (B) QUALIFIED CHILD CARE PROVIDER.—To be            line with guidance from the Centers for Disease
                                                 (c) SECRETARIAL RESERVATION AND ALLOT-
                                                                                                      qualified to receive a subgrant under this para-       Control and Prevention and the corresponding
                                              MENTS.—
                                                                                                      graph, a provider shall be an eligible child care      State, tribal, and local authorities, and in ac-
                                                 (1) RESERVATION.—The Secretary shall reserve
                                                                                                      provider that—                                         cordance with State, tribal, and local orders, for
                                              not more than 1 percent of the funds appro-
                                                                                                         (i) was providing child care services on or be-     child care providers that remain open, including
                                              priated to carry out this section for the Federal
                                                                                                      fore March 1, 2020; and                                guidance on sanitization practices, group size
                                              administration of grants described in subsection
                                                                                                         (ii) on the date of submission of an applica-       limits, and social distancing;
                                              (b). Amounts reserved by the Secretary for ad-                                                                    (cc) for each employee, the provider will pay
                                                                                                      tion for the subgrant, was either—
                                              ministrative expenses shall remain available               (I) open and available to provide child care        the full compensation described in subsection
                                              until fiscal year 2024.                                 services; or                                           (e)(1)(C), including any benefits, that was pro-
                                                 (2) ALLOTMENTS.—The Secretary shall use the             (II) closed due to the COVID–19 public health       vided to the employee as of March 1, 2020 (re-
                                              remainder of the funds appropriated to carry            emergency.                                             ferred to in this clause as ‘‘full compensation’’),
                                              out this section to award allotments to States, as         (C) SUBGRANT AMOUNT.—The lead agency                and will not take any action that reduces the
                                              defined in section 658O of the Child Care Devel-        shall make subgrants, from amounts awarded             weekly amount of the employee’s compensation
                                              opment Block Grant Act of 1990 (42 U.S.C.               pursuant to subsection (b), to qualified child         below the weekly amount of full compensation,
                                              9858m), and payments to territories, Indian             care providers, and the amount of such a               or that reduces the employee’s rate of compensa-
                                              tribes, and tribal organizations in accordance          subgrant to such a provider shall—                     tion below the rate of full compensation; and
                                              with paragraphs (1) and (2) of subsection (a),             (i) be based on the provider’s stated average          (dd) the provider will provide relief from co-
                                              and subsection (b), of section 658O of the Child        operating expenses during the period (of not           payments and tuition payments for the families
                                              Care and Development Block Grant Act of 1990            longer than 6 months) before March 1, 2020, or         enrolled in the provider’s program and prioritize
                                              (42 U.S.C. 9858m).                                      before the provider’s last day of operation for a      such relief for families struggling to make either
                                                 (d) STATE RESERVATIONS AND SUBGRANTS.—               provider that operates seasonally, and at min-         type of payments;
                                                 (1) RESERVATION.—A lead agency for a State           imum cover such operating expenses for the in-            (III) for a provider described in subparagraph
                                              that receives a child care stabilization grant          tended length of the subgrant;                         (B)(ii)(II), an assurance that—
                                              pursuant to subsection (b) shall reserve not more          (ii) account for increased costs of providing or       (aa) for the duration of the provider’s closure
                                              than 10 percent of such grant funds—                    preparing to provide child care as a result of the     due to the COVID–19 public health emergency,
                                                 (A) to administer subgrants made to qualified        COVID–19 public health emergency, such as              for each employee, the provider will pay full
                                              child care providers under paragraph (2), in-           provider and employee compensation and exist-          compensation, and will not take any action that
                                              cluding to carry out data systems building and          ing benefits (existing as of March 1, 2020) and        reduces the weekly amount of the employee’s
                                              other activities that enable the disbursement of        the implementation of new practices related to         compensation below the weekly amount of full
                                              payments of such subgrants;                             sanitization, group size limits, and social            compensation, or that reduces the employee’s
                                                 (B) to provide technical assistance and sup-         distancing;                                            rate of compensation below the rate of full com-
                                              port in applying for and accessing the subgrant            (iii) be adjusted for payments or reimburse-        pensation;
                                              opportunity under paragraph (2), to eligible            ments made to an eligible child care provider to          (bb) children enrolled as of March 1, 2020, will
                                              child care providers (including to family child         carry out the Child Care and Development               maintain their slots, unless their families choose
                                              care providers, group home child care providers,        Block Grant Act of 1990 (42 U.S.C. 9857 et seq.)       to disenroll the children;
                                              and other non-center-based child care providers,        or the Head Start Act (42 U.S.C. 9831 et seq.) if         (cc) for the duration of the provider’s closure
                                              providers in rural areas, and providers with lim-       the period of such payments or reimbursements          due to the COVID–19 public health emergency,
                                              ited administrative capacity), either directly or       overlaps with the period of the subgrant award;        the provider will provide relief from copayments
                                              through resource and referral agencies or               and                                                    and tuition payments for the families enrolled in
                                              staffed family child care networks;                        (iv) be adjusted for payments or reimburse-         the provider’s program and prioritize such relief
                                                 (C) to publicize the availability of subgrants       ments made to an eligible child care provider          for families struggling to make either type of
                                              under this section and conduct widespread out-          through the Paycheck Protection Program set            payments; and
                                              reach to eligible child care providers (including       forth in section 7(a)(36) of the Small Business           (dd) the provider will resume operations when
                                              family child care providers, group home child           Act (15 U.S.C. 636(a)(36)), as added by section        the provider is able to safely implement policies
                                              care providers, and other non-center-based child        1102 of the Coronavirus Aid, Relief, and Eco-          in line with guidance from the Centers for Dis-
                                              care providers, providers in rural areas, and           nomic Security Act (Public Law 116–136) if the         ease Control and Prevention and the cor-
                                              providers with limited administrative capacity),        period of such payments or reimbursements              responding State, tribal, and local authorities,




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                                              either directly or through resource and referral        overlaps with the period of the subgrant award.        and in accordance with State, tribal, and local
                                              agencies or staffed family child care networks,            (D) APPLICATION.—                                   orders;
                                              to ensure eligible child care providers are aware          (i) ELIGIBILITY.—To be eligible to receive a           (IV) information about the child care pro-
                                              of the subgrants available under this section;          subgrant under this paragraph, a child care            vider’s—
                                                 (D) to carry out the reporting requirements          provider shall submit an application to a lead            (aa) program characteristics sufficient to
                                              described in subsection (f); and                        agency at such time and in such manner as the          allow the lead agency to establish the child care
                                                 (E) to carry out activities to improve the sup-      lead agency may require. Such application shall        provider’s priority status, as described in sub-
                                              ply and quality of child care during and after          include—                                               paragraph (F);




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                       H5225
                                                 (bb) program operational status on the date of         (G) PROVIDERS RECEIVING OTHER ASSIST-                   (i) the number of such applicants and the
                                              submission of the application;                          ANCE.—The lead agency, in determining wheth-           number of such recipients;
                                                 (cc) type of program, including whether the          er a provider is a qualified child care provider,         (ii) the number and proportion of such appli-
                                              program is a center-based child care, family            shall not take into consideration receipt of a         cants and recipients that received priority and
                                              child care, group home child care, or other non-        payment or reimbursement described in subpara-         the characteristic or characteristics of such ap-
                                              center-based child care type program;                   graph (C)(iii) or subparagraph (C)(iv).                plicants and recipients associated with the pri-
                                                 (dd) total enrollment on the date of submis-            (H) AWARDS.—The lead agency shall equitably         ority;
                                              sion of the application and total capacity as al-       make subgrants under this paragraph to center-            (iii) the number and proportion of such appli-
                                              lowed by the State and tribal authorities; and          based child care providers, family child care          cants and recipients that are—
                                                 (ee) receipt of assistance, and amount of as-        providers, group home child care providers, and           (I) center-based child care providers;
                                              sistance, through a payment or reimbursement            other non-center-based child care providers,              (II) family child care providers;
                                              described in subparagraph (C)(iv), and the time         such that qualified child care providers are able         (III) group home child care providers; or
                                              period for which the assistance was made;               to access the subgrant opportunity under this             (IV) other non-center-based child care pro-
                                                 (V) information necessary to determine the           paragraph regardless of the providers’ setting,        viders; and
                                              amount of the subgrant, such as information             size, or administrative capacity.                         (iv) within each of the groups listed in clause
                                              about the provider’s stated average operating              (I) OBLIGATION.—The lead agency shall obli-         (iii), the number of such applicants and recipi-
                                              expenses over the appropriate period, described         gate at least 50 percent of funds available to         ents that are, on the date of submission of the
                                              in subparagraph (C)(i); and                             carry out this section for subgrants described in      application—
                                                 (VI) such other limited information as the           this paragraph, within 6 months of the date of            (I) open and available to provide child care
                                              lead agency shall determine to be necessary to          the enactment of this Act.                             services; or
                                              make subgrants to qualified child care pro-                (e) USES OF FUNDS.—                                    (II) closed due to the COVID–19 public health
                                              viders.                                                    (1) IN GENERAL.—A qualified child care pro-         emergency;
                                                 (ii) FREQUENCY.—The lead agency shall ac-                                                                      (B) the total capacity of child care providers
                                                                                                      vider that receives funds through such a
                                              cept and process applications submitted under                                                                  that are licensed, regulated, or registered in the
                                                                                                      subgrant may use the funds for the costs of—
                                              this subparagraph on a rolling basis.                      (A) payroll;                                        State on the date of the submission of the re-
                                                 (iii) UPDATES.—The lead agency shall—                                                                       port;
                                                 (I) at least once a month, verify by obtaining          (B) employee benefits, including group health
                                                                                                      plan benefits during periods of paid sick, med-           (C) a description of—
                                              a self-attestation from each qualified child care                                                                 (i) the efforts of the lead agency to publicize
                                              provider that received such a subgrant from the         ical, or family leave, and insurance premiums;
                                                                                                         (C) employee salaries or similar compensation,      the availability of subgrants under this section
                                              agency, whether the provider is open and avail-                                                                and conduct widespread outreach to eligible
                                                                                                      including any income or other compensation to
                                              able to provide child care services or is closed                                                               child care providers about such subgrants, in-
                                                                                                      a sole proprietor or independent contractor that
                                              due to the COVID–19 public health emergency;                                                                   cluding efforts to make materials available in
                                                 (II) allow the qualified child care provider to      is a wage, commission, income, net earnings
                                                                                                      from self-employment, or similar compensation;         languages other than English;
                                              update the information provided in a prior ap-
                                                                                                         (D) employee recruitment and retention;                (ii) the lead agency’s methodology for deter-
                                              plication; and
                                                                                                         (E) payment on any mortgage obligation;             mining amounts of subgrants under subsection
                                                 (III) adjust the qualified child care provider’s
                                                                                                         (F) rent (including rent under a lease agree-       (d)(2);
                                              subgrant award as necessary, based on changes
                                                                                                      ment);                                                    (iii) the lead agency’s timeline for disbursing
                                              to the application information, including
                                                                                                         (G) utilities and facility maintenance;             the subgrant funds; and
                                              changes to the provider’s operational status.
                                                 (iv) EXISTING APPLICATIONS.—If a lead agency            (H) insurance;                                         (iv) the lead agency’s plan for ensuring that
                                              has established and implemented a grant pro-               (I) providing premium pay for child care pro-       qualified child care providers that receive fund-
                                              gram for child care providers that is in effect on      viders and other employees who provide services        ing through such a subgrant comply with assur-
                                              the date of enactment of this Act, and an eligi-        during the COVID–19 public health emergency;           ances described in subsection (d)(2)(D) and use
                                                                                                         (J) sanitization and other costs associated         funds in compliance with subsection (e); and
                                              ble child care provider has already submitted an
                                                                                                      with cleaning;                                            (D) such other limited information as the Sec-
                                              application for such a grant to the lead agency
                                                                                                         (K) personal protective equipment and other         retary may require.
                                              containing the information specified in clause
                                                                                                      equipment necessary to carry out the functions            (2) QUARTERLY REPORT.—The lead agency
                                              (i), the lead agency shall treat that application
                                                                                                      of the child care provider;                            shall, following the submission of such initial
                                              as an application submitted under this subpara-
                                                                                                         (L) training and professional development re-       report, submit to the Secretary a report that
                                              graph. If an eligible child care provider has al-
                                                                                                      lated to health and safety practices, including        contains the information described in subpara-
                                              ready submitted such an application containing
                                                                                                      the proper implementation of policies in line          graphs (A), (B), and (D) of paragraph (1) once
                                              part of the information specified in clause (i),
                                                                                                      with guidance from the Centers for Disease Con-        a quarter until all funds allotted for activities
                                              the provider may submit to the lead agency an
                                                                                                      trol and Prevention and the corresponding              authorized under this section are expended.
                                              abbreviated application that contains the re-
                                                                                                      State, tribal, and local authorities, and in ac-          (3) FINAL REPORT.—Not later than 60 days
                                              maining information, and the lead agency shall
                                                                                                      cordance with State, tribal, and local orders;         after a lead agency receiving a grant under this
                                              treat the 2 applications as an application sub-
                                                                                                         (M) purchasing or updating equipment and            section has obligated all of the grant funds (in-
                                              mitted under this subparagraph.
                                                 (E) MATERIALS.—                                      supplies to serve children during nontraditional       cluding funds received under subsection (h)),
                                                 (i) IN GENERAL.—The lead agency shall pro-           hours                                                  the lead agency shall submit a report to the Sec-
                                              vide the materials and other resources related to          (N) modifications to child care services as a       retary, in such manner as the Secretary may re-
                                              such subgrants, including a notification of             result of the COVID–19 public health emer-             quire, that includes—
                                              subgrant opportunities and application mate-            gency, such as limiting group sizes, adjusting            (A) the total number of eligible child care pro-
                                              rials, to qualified child care providers in the         staff-to-child ratios, and implementing other          viders who were providing child care services on
                                              most commonly spoken languages in the State.            heightened health and safety measures;                 or before March 1, 2020, in the State and the
                                                 (ii) APPLICATION.—The application shall be              (O) mental health supports for children and         number of such providers that submitted an ap-
                                              accessible on the website of the lead agency            employees; and                                         plication under subsection (d)(2)(D);
                                              within 30 days after the lead agency receives              (P) other goods and services necessary to              (B) the number of qualified child care pro-
                                              grant funds awarded pursuant to subsection (b)          maintain or resume operation of the child care         viders in the State that received funds through
                                              and shall be accessible to all eligible child care      program, or to maintain the viability of the           the grant;
                                              providers, including family child care providers,       child care provider as a going concern during             (C) the lead agency’s methodology for deter-
                                              group home child care providers, and other non-         and after the COVID–19 public health emer-             mining amounts of subgrants under subsection
                                              center-based child care providers, providers in         gency.                                                 (d)(2);
                                              rural areas, and providers with limited adminis-           (2) REIMBURSEMENT.—The qualified child care            (D) the average and range of the subgrant
                                              trative capacity.                                       provider may use the subgrant funds to reim-           amounts by provider type (center-based child
                                                 (F) PRIORITY.—In making subgrants under              burse the provider for sums obligated or ex-           care, family child care, group home child care,
                                              this section, the lead agency shall give priority       pended before the date of enactment of this Act        or other non-center-based child care provider);
                                              to qualified child care providers that, prior to or     for the cost of a good or service described in            (E) the percentages of the child care providers
                                              on March 1, 2020—                                       paragraph (1) to respond to the COVID–19 pub-          that received such a subgrant, that, on or before
                                                 (i) provided child care during nontraditional        lic health emergency.                                  March 1, 2020—
                                              hours;                                                     (f) REPORTING.—                                        (i) provided child care during nontraditional
                                                 (ii) served dual language learners, children            (1) INITIAL REPORT.—A lead agency receiving         hours;
                                              with disabilities, children experiencing home-          a grant under this section shall, within 60 days          (ii) served dual language learners, children




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                                              lessness, children in foster care, children from        after making the agency’s first subgrant under         with disabilities, children experiencing home-
                                              low-income families, or infants and toddlers;           subsection (d)(2) to a qualified child care pro-       lessness, children in foster care, children from
                                                 (iii) served a high proportion of children           vider, submit a report to the Secretary that in-       low-income families, or infants and toddlers;
                                              whose families received subsidies under the             cludes—                                                   (iii) served a high proportion of children
                                              Child Care and Development Block Grant Act of              (A) data on qualified child care providers that     whose families received subsidies under the
                                              1990 (42 U.S.C. 9857 et seq.) for the child care; or    applied for subgrants and qualified child care         Child Care and Development Block Grant Act of
                                                 (iv) operated in communities, including rural        providers that received such subgrants, includ-        1990 (42 U.S.C. 9857 et seq.) for the child care;
                                              communities, with a low supply of child care.           ing—                                                   and




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                                              H5226                                              CONGRESSIONAL RECORD — HOUSE                                                           October 1, 2020
                                                (iv) operated in communities, including rural         et seq.), excluding requirements in subpara-                  ADMINISTRATION FOR COMMUNITY LIVING
                                              communities, with a low supply of child care;           graphs (C) through (E) of section 658E(c)(3),             AGING AND DISABILITY SERVICES PROGRAMS
                                                (F) the number of children served by the child        section 658G, and section 658J(c) of such Act (42         For an additional amount for ‘‘Aging and
                                              care providers that received such a subgrant, for       U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall apply      Disability Services Programs’’, $1,000,000,000, to
                                              the duration of the subgrant;                           to child care services provided under this section     prevent, prepare for, and respond to the
                                                (G) the percentages, of the child care pro-           to the extent the application of such Act does         coronavirus: Provided, That of the amount
                                              viders that received such a subgrant, that are—         not conflict with the provisions of this section.      made available under this heading in this Act,
                                                (i) center-based child care providers;                Nothing in this Act shall be construed to require      $925,000,000 shall be for activities authorized
                                                (ii) family child care providers;                     a State, Indian tribe, or tribal organization to       under the Older Americans Act of 1965
                                                (iii) group home child care providers; or             submit an application, other than the applica-         (‘‘OAA’’), including $200,000,000 for supportive
                                                (iv) other non-center-based child care pro-           tion described in section 658E or 658O(c) of the       services under part B of title III; $480,000,000 for
                                              viders;                                                 Child Care and Development Block Grant Act of          nutrition services under subparts 1 and 2 of part
                                                (H) the percentages, of the child care pro-           1990 (42 U.S.C. 9858c, 9858m(c)), to receive a         C of title III; $20,000,000 for nutrition services
                                              viders listed in subparagraph (G) that are, on          grant under this Act.                                  under title VI; $150,000,000 for supportive serv-
                                              the date of submission of the application—                (j) APPLICATION.—In carrying out the Child           ices for family caregivers under part E of title
                                                (i) open and available to provide child care          Care and Development Block Grant Act of 1990           III; $44,000,000 for evidence-based health pro-
                                              services; or                                            with funds other than the funds made available         motion and disease prevention services under
                                                (ii) closed due to the COVID–19 public health         under this heading in this Act, the Secretary          part D of title III; $6,000,000 for aging network
                                              emergency;                                              shall calculate the amounts of appropriated            support activities to develop targeted outreach
                                                (I) information about how child care providers        funds described in subsections (a) and (b) of sec-     strategies to reach particularly at-risk popu-
                                              used the funds received under such a subgrant;          tion 658O of such Act (42 U.S.C. 9858m) by ex-         lations, including populations targeted under
                                                (J) information about how the lead agency             cluding funds made available under this head-          section 306(a)(4)(A)(i)(l) of such Act; $20,000,000
                                              used funds reserved under subsection (d)(1); and        ing in this Act.                                       for elder rights protection activities, including
                                                (K) information about how the subgrants                    CHILDREN AND FAMILIES SERVICES PROGRAMS           the long-term ombudsman program under title
                                              helped to stabilize the child care sector.                 For an additional amount for ‘‘Children and         VII; and $5,000,000 shall be for grants to States
                                                (4) REPORTS TO CONGRESS.—                             Families Services Programs’’, $3,700,000,000, to       to support the network of statewide senior legal
                                                (A) FINDINGS FROM INITIAL REPORTS.—Not
                                                                                                      prevent,     prepare     for,  and     respond    to   services, including existing senior legal hotlines,
                                              later than 60 days after receiving all reports re-
                                                                                                      coronavirus, which shall be used as follows:           efforts to expand such hotlines to all interested
                                              quired to be submitted under paragraph (1), the            (1) $1,700,000,000 for making payments under        States, and legal assistance to providers, in
                                              Secretary shall provide a report to the Com-            the Head Start Act, including for Federal ad-          order to ensure seniors have access to legal as-
                                              mittee on Education and Labor of the House of           ministrative expenses, and allocated in an             sistance, with such fund allotted to States con-
                                              Representatives, to the Committee on Health,            amount that bears the same ratio to such por-          sistent with paragraphs (1) through (3) of sec-
                                              Education, Labor and Pensions of the Senate,            tion as the number of enrolled children served         tion 304(a) of the OAA: Provided further, That
                                              and to the Committees on Appropriations of the          by the agency involved bears to the number of          State matching requirements under sections
                                              House of Representatives and the Senate, sum-           enrolled children by all Head Start agencies:          304(d)(1)(D) and 373(g)(2) of the OAA shall not
                                              marizing the findings from the reports received         Provided, That none of the funds made avail-           apply to funds made available under this head-
                                              under paragraph (1).                                    able in this paragraph shall be included in the        ing: Provided further, That of the amount made
                                                (B) FINDINGS FROM FINAL REPORTS.—Not later            calculation of the ‘‘base grant’’ in subsequent        available under this heading in this Act,
                                              than 36 months after the date of enactment of           fiscal years, as such term is defined in sections      $50,000,000 shall be for activities authorized in
                                              this Act, the Secretary shall provide a report to       640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the       the Developmental Disabilities Assistance and
                                              the Committee on Education and Labor of the             Head Start Act: Provided further, That funds           Bill of Rights Act of 2000: Provided further,
                                              House of Representatives, to the Committee on           made available in this paragraph are not subject       That of the amount made available under this
                                              Health, Education, Labor and Pensions of the            to the allocation requirements of section 640(a)       heading in this Act, $25,000,000 shall be for ac-
                                              Senate, and to the Committees on Appropria-             of the Head Start Act;                                 tivities authorized in the Assistive Technology
                                              tions of the House of Representatives and the              (2) $100,000,000 for Family Violence Preven-        Act of 2004: Provided further, That of the
                                              Senate, summarizing the findings from the re-           tion and Services grants as authorized by sec-         amount made available in the preceding proviso,
                                              ports received under paragraph (3).                     tion 303(a) and 303(b) of the Family Violence          $5,000,000 shall be for the purchase of equipment
                                                (g) SUPPLEMENT NOT SUPPLANT.—Amounts                  Prevention and Services Act with such funds            to allow interpreters to provide appropriate and
                                              made available to carry out this section shall be       available to grantees without regard to match-         essential services to the hearing-impaired com-
                                              used to supplement and not supplant other Fed-          ing requirements under section 306(c)(4) of such       munity: Provided further, That for the purposes
                                              eral, State, and local public funds expended to         Act, of which $2,000,000 shall be for the National     of the funding provided in the preceding pro-
                                              provide child care services for eligible individ-       Domestic Violence Hotline: Provided, That the          viso, during the emergency period described in
                                              uals, including funds provided under the Child          Secretary of Health and Human Services may             section 1135(g)(1)(B) of the Social Security Act,
                                              Care and Development Block Grant Act of 1990            make such funds available for providing tem-           for purposes of section 4(e)(2)(A) of the Assistive
                                              (42 U.S.C. 9857 et seq.) and State child care pro-      porary housing and assistance to victims of fam-       Technology Act of 2004, the term ‘‘targeted indi-
                                              grams.                                                  ily, domestic, and dating violence;                    viduals and entities’’ (as that term is defined in
                                                (h) REALLOTMENT OF UNOBLIGATED FUNDS.—                   (3) $75,000,000 for child welfare services as au-   section 3(16) of the Assistive Technology Act of
                                                (1) UNOBLIGATED FUNDS.— A State, Indian               thorized by subpart 1 of part B of title IV of the     2004) shall be deemed to include American Sign
                                              tribe, or tribal organization that anticipates          Social Security Act (other than sections 426, 427,     Language certified interpreters who are pro-
                                              being unable to obligate all grant funds received       and 429 of such subpart), with such funds avail-       viding interpretation services remotely for indi-
                                              under this section by September 30, 2022 shall          able to grantees without regard to matching re-        viduals with disabilities: Provided further, That
                                              notify the Secretary, at least 60 days prior to         quirements under section 424(a) of that Act or         during such emergency period, for the purposes
                                              such date, of the amount of funds it anticipates        any applicable reductions in Federal financial         of the previous two provisos, to facilitate the
                                              being unable to obligate by such date. A State,         participation under section 424(f) of that Act;        ability of individuals with disabilities to remain
                                              Indian tribe, or tribal organization shall return          (4) $225,000,000 for necessary expenses for         in their homes and practice social distancing,
                                              to the Secretary any grant funds received under         community-based grants for the prevention of           the Secretary shall waive the prohibitions on
                                              this section that the State, Indian tribe, or tribal    child abuse and neglect under section 209 of the       the use of grant funds for direct payment for an
                                              organization does not obligate by September 30,         Child Abuse Prevention and Treatment Act,              assistive technology device for an individual
                                              2022.                                                   which the Secretary shall make without regard          with a disability under sections 4(e)(2)(A) and
                                                (2) REALLOTMENT.—The Secretary shall award            to sections 203(b)(1) and 204(4) of such Act;          4(e)(5) of such Act: Provided further, That such
                                              new allotments and payments, in accordance                 (5) $100,000,000 for necessary expenses for the     amount is designated by the Congress as being
                                              with subsection (c)(2), to covered States, Indian       Child Abuse Prevention and Treatment Act               for an emergency requirement pursuant to sec-
                                              tribes, or tribal organizations from funds that         State Grant program as authorized by Section           tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              are returned under paragraph (1) within 60              112 of such Act; and                                   Emergency Deficit Control Act of 1985.
                                              days of receiving such funds. Funds made avail-            (6) $1,500,000,000 for necessary expenses for          For an additional amount for ‘‘Aging and
                                              able through the new allotments and payments            grants to carry out the Low-Income Household           Disability Services Programs’’, $175,000,000, to
                                              shall remain available to each covered State, In-       Drinking Water and Wastewater Assistance pro-          prevent, prepare for, and respond to the
                                              dian tribe, or tribal organization until Sep-           gram, as described in section 303 of division U of     coronavirus, which shall be used as follows:
                                              tember 30, 2023.                                        this Act:                                                 (1) $5,000,000 for elder abuse, neglect, and ex-
                                                (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL            Provided, That funds made available under this         ploitation forensic centers, as authorized by sec-




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                                              ORGANIZATION.—For purposes of paragraph (2),            heading in this Act may be used for the pur-           tion 2031(f) of the Social Security Act (42 U.S.C.
                                              a covered State, Indian tribe, or tribal organiza-      poses provided herein to reimburse costs in-           1397l(f));
                                              tion is a State, Indian tribe, or tribal organiza-      curred between January 20, 2020, and the date             (2) $14,000,000 for grants for long-term care
                                              tion that received an allotment or payment              of award: Provided further, That such amount           staffing and technology, as authorized by sec-
                                              under this section and was not required to re-          is designated by the Congress as being for an          tion 2041(d) of the Social Security Act (42 U.S.C.
                                              turn grant funds under paragraph (1).                   emergency requirement pursuant to section              1397m(d));
                                                (i) EXCEPTIONS.—The Child Care and Devel-             251(b)(2)(A)(i) of the Balanced Budget and                (3) $123,000,000 for adult protective services
                                              opment Block Grant Act of 1990 (42 U.S.C. 9857          Emergency Deficit Control Act of 1985.                 functions and grants, as authorized by sections




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                       H5227
                                              2042(a)(2), 2042(b)(5), and 2042(c)(6) of the Social    for the construction, renovation, or equipping of      section 251(b)(2)(A)(i) of the Balanced Budget
                                              Security Act (42 U.S.C. 1397m—1);                       U.S.-based next generation manufacturing fa-           and Emergency Deficit Control Act of 1985.
                                                (4) $18,000,000 for long-term care ombudsman          cilities, other than facilities owned by the                   DEPARTMENT OF EDUCATION
                                              program grants and training, as authorized by           United States Government: Provided further,                    STATE FISCAL STABILIZATION FUND
                                              sections 2043(a)(2) and 2043(b)(2) of the Social        That of the amount made available under this
                                                                                                                                                               For an additional amount for ‘‘State Fiscal
                                              Security Act (42 U.S.C. 1397m—2);                       paragraph in this Act, $500,000,000 shall be
                                                (5) $14,000,000 for investigation systems and                                                                Stabilization Fund’’, $208,058,000,000, to pre-
                                                                                                      available to the Biomedical Advanced Research          vent, prepare for, and respond to coronavirus:
                                              training, as authorized by sections 6703(b)(1)(C)       and Development Authority to promote innova-           Provided, That the Secretary of Education (re-
                                              and 6703(b)(2)(C) of the Patient Protection and         tion in antibacterial research and development:        ferred to under this heading as ‘‘Secretary’’)
                                              Affordable Care Act (42 U.S.C. 1395i—3a(b));            Provided further, That funds made available            shall make grants to the Governor of each State
                                              and                                                     under this paragraph in this Act may be used
                                                (6) $1,000,000 for assessment reports, as au-                                                                for support of elementary, secondary, and post-
                                                                                                      for grants for the rent, lease, purchase, acquisi-     secondary education and, as applicable, early
                                              thorized by section 207 of division J of this Act:      tion, construction, alteration, or renovation of
                                              Provided, That such amount is designated by                                                                    childhood education programs and services: Pro-
                                                                                                      non-Federally owned facilities to improve pre-         vided further, That of the amount made avail-
                                              the Congress as being for an emergency require-         paredness and response capability at the State
                                              ment pursuant to section 251(b)(2)(A)(i) of the                                                                able, the Secretary shall first allocate up to one-
                                                                                                      and local level: Provided further, That funds          half of 1 percent to the outlying areas and one-
                                              Balanced Budget and Emergency Deficit Con-              appropriated under this paragraph in this Act
                                              trol Act of 1985.                                                                                              half of 1 percent to the Bureau of Indian Edu-
                                                                                                      may be used for the construction, alteration,          cation (‘‘BIE’’) for BIE-funded schools and
                                                          OFFICE OF THE SECRETARY                     renovation or equipping of non-Federally owned         Tribal Colleges or Universities for activities con-
                                              PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY             facilities for the production of vaccines, thera-      sistent with this heading under such terms and
                                                                 FUND                                 peutics, diagnostics, and medicines and other          conditions as the Secretary may determine and
                                                For an additional amount for ‘‘Public Health          items purchased under section 319F–2(a) of the         in consultation with the Secretary of the Inte-
                                              and     Social   Services   Emergency      Fund’’,      Public Health Service Act where the Secretary          rior: Provided further, That the Secretary may
                                              $21,025,000,000, to prevent, prepare for, and re-       determines that such a contract is necessary to        reserve up to $30,000,000 for administration and
                                              spond to coronavirus, domestically or inter-            assure sufficient domestic production of such          oversight of the activities under this heading:
                                              nationally, including the development of nec-           supplies: Provided further, That all construc-         Provided further, That the Secretary shall allo-
                                              essary     countermeasures       and     vaccines,      tion, alteration, or renovation work, carried out,     cate 61 percent of the remaining funds made
                                              prioritizing platform-based technologies with           in whole or in part, with fund appropriated            available to carry out this heading to the States
                                              U.S.-based manufacturing capabilities, the pur-         under this heading in this Act, the CARES Act          on the basis of their relative population of indi-
                                              chase of vaccines, therapeutics, diagnostics,           (P.L. 116–136), or the Paycheck Protection Pro-        viduals aged 5 through 24 and allocate 39 per-
                                              necessary medical supplies, as well as medical          gram and Health Care Enhancement Act (P.L.             cent on the basis of their relative number of
                                              surge capacity, addressing blood supply chain,          116–139), shall be subject to the requirements of      children counted under section 1124(c) of the El-
                                              workforce modernization, telehealth access and          42 U.S.C. 300s-1(b)(1)(I): Provided further, That      ementary and Secondary Education Act of 1965
                                              infrastructure, initial advanced manufacturing,         not later than seven days after the date of en-        (referred to under this heading as ‘‘ESEA’’) as
                                              novel dispensing, enhancements to the U.S.              actment of this Act, and weekly thereafter until       State grants: Provided further, That State
                                              Commissioned Corps, and other preparedness              the public health emergency related to                 grants shall support statewide elementary, sec-
                                              and response activities: Provided, That funds           coronavirus is no longer in effect, the Secretary      ondary, and postsecondary activities; subgrants
                                              appropriated under this paragraph in this Act           shall report to the Committees on Appropria-           to local educational agencies; and, subgrants to
                                              may be used to develop and demonstrate innova-          tions of the House of Representatives and the          public institutions of higher education: Provided
                                              tions and enhancements to manufacturing plat-           Senate on the current inventory of ventilators         further, That States shall allocate 85 percent of
                                              forms to support such capabilities: Provided fur-       and personal protective equipment in the Stra-         the funds received under the fourth proviso as
                                              ther, That the Secretary of Health and Human            tegic National Stockpile, including the numbers        subgrants to local educational agencies in pro-
                                              Services shall purchase vaccines developed              of face shields, gloves, goggles and glasses,          portion to the amount of funds such local edu-
                                              using funds made available under this para-             gowns, head covers, masks, and respirators, as         cational agencies received under part A of title
                                              graph in this Act to respond to an outbreak or          well as deployment of ventilators and personal         I of the ESEA in the most recent fiscal year:
                                              pandemic related to coronavirus in quantities           protective equipment during the previous week,         Provided further, That subgrants provided
                                              determined by the Secretary to be adequate to           reported by state and other jurisdiction: Pro-         under the preceding proviso shall be adminis-
                                              address the public health need: Provided fur-           vided further, That not later than the first Mon-      tered by State educational agencies: Provided
                                              ther, That products purchased by the Federal            day in February of fiscal year 2021 and each fis-      further, That States shall allocate 13 percent of
                                              government with funds made available under              cal year thereafter, the Secretary shall include       the funds received under the fourth proviso as
                                              this paragraph in this Act, including vaccines,         in the annual budget submission for the Depart-        subgrants to public institutions of higher edu-
                                              therapeutics, and diagnostics, shall be pur-            ment, and submit to the Congress, the Sec-             cation, of which 75 percent shall be apportioned
                                              chased in accordance with Federal Acquisition           retary’s request with respect to expenditures          according to the relative share in the State of
                                              Regulation guidance on fair and reasonable              necessary to maintain the minimum level of rel-        students who received Pell Grants who are not
                                              pricing: Provided further, That the Secretary           evant supplies in the Strategic National Stock-        exclusively enrolled in distance education
                                              may take such measures authorized under cur-            pile, including in case of a significant pandemic,     courses prior to the coronavirus emergency at
                                              rent law to ensure that vaccines, therapeutics,         in consultation with the working group under           the institution in the previous award year and
                                              and diagnostics developed from funds provided           section 319F(a) of the Public Health Service Act       25 percent shall be apportioned according to the
                                              in this Act will be affordable in the commercial        and the Public Health Emergency Medical                relative share in the State of the total enroll-
                                              market: Provided further, That in carrying out          Countermeasures Enterprise established under           ment of students at the institution who are not
                                              the previous proviso, the Secretary shall not           section 2811–1 of such Act: Provided further,          exclusively enrolled in distance education
                                              take actions that delay the development of such         That such amount is designated by the Congress         courses prior to the coronavirus emergency at
                                              products: Provided further, That products pur-          as being for an emergency requirement pursuant         the institution in the previous award year: Pro-
                                              chased with funds appropriated under this               to section 251(b)(2)(A)(i) of the Balanced Budget      vided further, That the Governor may use any
                                              paragraph in this Act may, at the discretion of         and Emergency Deficit Control Act of 1985.             funds received under the fourth proviso that are
                                              the Secretary of Health and Human Services, be             For an additional amount for ‘‘Public Health        not specifically reserved under this heading for
                                              deposited in the Strategic National Stockpile           and      Social   Services    Emergency    Fund’’,     additional support to elementary, secondary,
                                              under section 319F–2 of the Public Health Serv-         $50,000,000,000, to remain available until ex-         and postsecondary education, including sup-
                                              ice Act: Provided further, That funds appro-            pended, to prevent, prepare for, and respond to        ports for under-resourced institutions, institu-
                                              priated under this paragraph in this Act may be         coronavirus, for necessary expenses to make            tions with high burden due to the coronavirus,
                                              transferred to, and merged with, the fund au-           payments under the Health Care Provider Relief         and institutions who did not possess distance
                                              thorized by section 319F–4, the Covered Counter-        Fund as described in section 611 of division K of      education capabilities prior to the coronavirus
                                              measure Process Fund, of the Public Health              this Act: Provided, That such amount is des-           emergency: Provided further, That the Governor
                                              Service Act: Provided further, That of the              ignated by the Congress as being for an emer-          shall return to the Secretary any funds received
                                              amount made available under this paragraph in           gency      requirement     pursuant    to   section    that the Governor does not award to local edu-
                                              this Act, $20,000,000,000 shall be available to the     251(b)(2)(A)(i) of the Balanced Budget and             cational agencies and public institutions of
                                              Biomedical Advanced Research and Develop-               Emergency Deficit Control Act of 1985.                 higher education or otherwise commit within
                                              ment Authority for necessary expenses of ad-               For an additional amount for ‘‘Public Health        two years of receiving such funds, and the Sec-
                                              vanced research, development, manufacturing,            and      Social   Services    Emergency    Fund’’,     retary shall reallocate such funds to the remain-




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                                              production, and purchase of vaccines, thera-            $75,000,000,000, to remain available until ex-         ing States in accordance with the fourth pro-
                                              peutics, and ancillary medical products to pre-         pended, to prevent, prepare for, and respond to        viso: Provided further, That Governors shall use
                                              vent the spread of SARS-CoV-2 and COVID-19,             coronavirus, for necessary expenses to carry out       State grants and subgrants to maintain or re-
                                              as described in section 702 of division K of this       the COVID–19 National Testing and Contact              store State and local fiscal support for elemen-
                                              Act: Provided further, That of the amount made          Tracing Initiative, as described in subtitle D of      tary, secondary and postsecondary education:
                                              available under this paragraph in this Act,             title V of division K of this Act: Provided, That      Provided further, That funds for local edu-
                                              $500,000,000 shall be available to the Biomedical       such amount is designated by the Congress as           cational agencies may be used for any activity
                                              Advanced Research and Development Authority             being for an emergency requirement pursuant to         authorized by the ESEA, including the Native




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                                              H5228                                              CONGRESSIONAL RECORD — HOUSE                                                          October 1, 2020
                                              Hawaiian Education Act and the Alaska Native            days after the date of enactment of this Act:          and in such manner as the Secretary may re-
                                              Educational Equity, Support, and Assistance             Provided further, That any State receiving             quire, that describes the use of funds provided
                                              Act, the Individuals with Disabilities Education        funding under this heading shall maintain its          under this heading: Provided further, That no
                                              Act (‘‘IDEA’’), subtitle B of title VII of the          percent of total spending on elementary, sec-          recipient of funds under this heading shall use
                                              McKinney-Vento Homeless Assistance Act, the             ondary, and postsecondary education in fiscal          funds to provide financial assistance to students
                                              Adult Education and Family Literacy Act or the          year 2019 for fiscal years 2020, 2021, and 2022:       to attend private elementary or secondary
                                              Carl D. Perkins Career and Technical Edu-               Provided further, That a State’s application           schools, unless such funds are used to provide
                                              cation Act of 2006 (‘‘the Perkins Act’’): Provided      shall include assurances that the State will           special education and related services to chil-
                                              further, That a State or local educational agen-        maintain support for elementary and secondary          dren with disabilities whose IEPs require such
                                              cy receiving funds under this heading may use           education in fiscal year 2020, fiscal year 2021,       placement, and where the school district main-
                                              the funds for activities coordinated with State,        and fiscal year 2022 at least at the level of such     tains responsibility for providing such children
                                              local, tribal, and territorial public health de-        support that is the average of such State’s sup-       a free appropriate public education, as author-
                                              partments to detect, prevent, or mitigate the           port for elementary and secondary education in         ized by IDEA: Provided further, That a local
                                              spread of infectious disease or otherwise respond       the 3 fiscal years preceding the fiscal year for       educational agency, State, institution of higher
                                              to coronavirus; support online learning by pur-         which State support for elementary and sec-            education, or other entity that receives funds
                                              chasing educational technology and internet ac-         ondary education is provided: Provided further,        under ‘‘State Fiscal Stabilization Fund’’, shall
                                              cess for students, which may include assistive          That any State receiving funding under this            to the greatest extent practicable, continue to
                                              technology or adaptive equipment, that aids in          heading shall maintain or exceed its per pupil         pay its employees and contractors during the
                                              regular and substantive educational inter-              spending on elementary and secondary edu-              period of any disruptions or closures related to
                                              actions between students and their classroom in-        cation in fiscal year 2019 or the proportion of        coronavirus: Provided further, That the terms
                                              structor; provide ongoing professional develop-         such State’s spending on elementary and sec-           ‘‘elementary education’’ and ‘‘secondary edu-
                                              ment to staff in how to effectively provide qual-       ondary education in fiscal year 2019 for fiscal        cation’’ have the meaning given such terms
                                              ity online academic instruction; provide assist-        years 2020, 2021, and 2022: Provided further,          under State law: Provided further, That the
                                              ance for children and families to promote equi-         That a State educational agency shall only be          term ‘‘institution of higher education’’ has the
                                              table participation in quality online learning;         eligible to receive funds under this Act if the        meaning given such term in section 101 of the
                                              plan and implement activities related to supple-        State in which such agency is located, in either       Higher Education Act of 1965: Provided further,
                                              mental afterschool programs and summer learn-           of fiscal years 2021 and 2022, does not reduce         That the term ‘‘fiscal year’’ shall have the
                                              ing, including providing classroom instruction          State funding for a high-need local educational        meaning given such term under State law: Pro-
                                              or quality online learning during the summer            agency (defined as a local educational agency          vided further, That the term ‘‘State’’ means
                                              months; plan for and coordinate during long-            that has a higher percentage of economically           each of the 50 States, the District of Columbia,
                                              term closures, provide technology for quality on-       disadvantaged students than the median local           and the Commonwealth of Puerto Rico: Pro-
                                              line learning to all students, and how to support       educational agency in the state) such that the         vided further, That such amount is designated
                                              the needs of low-income students, racial and            per-pupil reduction in State funds in each such        by the Congress as being for an emergency re-
                                              ethnic minorities, students with disabilities,          high-need local educational agency is more than        quirement pursuant to section 251(b)(2)(A)(i) of
                                              English learners (including through such activi-        the overall per-pupil reduction in State funds,        the Balanced Budget and Emergency Deficit
                                              ties as are authorized under Title III of the           as calculated by the total reduction in State          Control Act of 1985.
                                              ESEA, such as ensuring the access of English            funds provided to all local educational agencies              ELEMENTARY AND SECONDARY SCHOOL
                                              learners to online learning, supporting profes-         in the State divided by the total student enroll-                  EMERGENCY FACILITIES AID
                                              sional development on digital instruction for           ment across all local educational agencies in the         For an additional amount for ‘‘Elementary
                                              English learners, engagement with the parents           State: Provided further, That a State’s applica-       and Secondary School Emergency Facilities
                                              of English learners, expanded summer and                tion shall include assurances that the State will      Aid’’, $5,000,000,000 to prevent, prepare for, and
                                              after-school programs, and mental health sup-           maintain State support for higher education            respond to coronavirus: Provided, That such
                                              ports), students experiencing homelessness, and         (not including support for capital projects or for     amount is designated by the Congress as being
                                              children in foster care, including how to address       research and development or tuition and fees           for an emergency requirement pursuant to sec-
                                              learning gaps that are created or exacerbated           paid by students) in fiscal year 2020, fiscal year     tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              due to long-term closures; support the con-             2021, and fiscal year 2022 at least at the level of    Emergency Deficit Control Act of 1985.
                                              tinuity of student engagement through social            such support that is the average of such State’s
                                                                                                                                                              ADMINISTRATIVE PROVISION—ELEMENTARY AND
                                              and emotional learning; and other activities            support for higher education (which shall in-
                                                                                                                                                              SECONDARY SCHOOL EMERGENCY FACILITIES AID
                                              that are necessary to maintain the operation of         clude State and local government funding to in-
                                              and continuity of services in local educational         stitutions of higher education and state finan-           SEC. 804. (a)(1) GRANTS.—From the amount
                                              agencies, including maintaining employment of           cial aid) in the 3 fiscal years preceding the fiscal   made available under this heading in this Act,
                                              existing personnel, and reimbursement for eligi-        year for which State support for higher edu-           the Secretary shall make elementary and sec-
                                              ble costs incurred during the national emer-            cation is provided, and that any such State’s          ondary school emergency facilities grants to
                                              gency: Provided further, That a public institu-         support for higher education funding, as cal-          each State educational agency with an ap-
                                              tion of higher education that receives funds            culated as spending for public higher education        proved application. The Secretary shall issue a
                                              under this heading shall use funds for edu-             per full-time equivalent student, shall be at least    notice inviting applications not later than 30
                                              cation and general expenditures (including de-          the same in fiscal year 2022 as it was in fiscal       days of enactment of this Act and approve or
                                              fraying expenses due to lost revenue, reimburse-        year 2019: Provided further, That in such appli-       deny applications not later than 30 days after
                                              ment for expenses already incurred, and pay-            cation, the Governor shall provide baseline data       receipt.
                                              roll) and grants to students for expenses directly      that demonstrates the State’s current status in           (2) For purposes of this section, a State des-
                                              related to coronavirus and the disruption of            each of the areas described in such assurances         ignated agency shall mean the State edu-
                                              campus operations (which may include emer-              in the preceding provisos: Provided further,           cational agency, unless the Governor of a State
                                              gency financial aid to students for tuition, food,      That a State’s application shall include assur-        designates a State agency other than the edu-
                                              housing, technology, health care, and child care        ances that the State will not construe any provi-      cational agency as responsible for school facili-
                                              costs that shall not be required to be repaid by        sions under this heading as displacing any oth-        ties improvement under this section and informs
                                              such students) or for the acquisition of tech-          erwise applicable provision of any collective-         the Secretary of such designation and the term
                                              nology and services directly related to the need        bargaining agreement between an eligible entity        ‘‘State’’ means each of the 50 States, the District
                                              for distance education and the training of fac-         and a labor organization as defined by section         of Columbia, and the Commonwealth of Puerto
                                              ulty and staff to use such technology and serv-         2(5) of the National Labor Relations Act (29           Rico .
                                                                                                                                                                (b)(1) ALLOCATIONS TO STATES.—The amount
                                              ices (which shall not include payment to con-           U.S.C. 152(5)) or analogous State law: Provided
                                                                                                                                                             of each grant under subsection (a) shall be allo-
                                              tractors for the provision of pre-enrollment re-        further, That a State’s application shall include
                                                                                                                                                             cated by the Secretary to each State in the same
                                              cruitment activities): Provided further, That an        assurances that the State shall maintain the
                                                                                                                                                             proportion as each State received under part A
                                              institution of higher education may not use             wages, benefits, and other terms and conditions
                                                                                                                                                             of title I of the ESEA of 1965 in the most recent
                                              funds received under this heading to increase its       of employment set forth in any collective-bar-
                                                                                                                                                             fiscal year.
                                              endowment or provide funding for capital out-           gaining agreement between the eligible entity             (2) STATE RESERVATION.—A State may reserve
                                              lays associated with facilities related to ath-         and a labor organization, as defined in the pre-       not more than 1⁄2 of 1 percent for administration
                                              letics, sectarian instruction, or religious wor-        ceding proviso: Provided further, That a State’s       costs.
                                              ship: Provided further, That funds may be used          application shall include assurances that all             (3) RESERVATION FOR OUTLYING AREAS AND BU-
                                              to support hourly workers, such as education            students with disabilities (as defined by section      REAU OF INDIAN EDUCATION-FUNDED SCHOOLS.—
                                              support professionals, classified school employ-        602 of IDEA) are afforded their full rights under      The Secretary shall reserve from the amount




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                                              ees, and adjunct and contingent faculty: Pro-           IDEA, including all rights and services outlined       made available under this heading in this Act—
                                              vided further, That a Governor of a State desir-        in individualized education programs (‘‘IEPs’’)           (A) one-half of 1 percent, to provide assistance
                                              ing to receive an allocation under this heading         (as defined in section 614(d) of IDEA), individ-       to the outlying areas; and
                                              shall submit an application at such time, in            ualized family services plans (as defined by sec-         (B) one-half of 1 percent, for payments to the
                                              such manner, and containing such information            tion 636 of IDEA), and in section 504 of the Re-       Secretary of the Interior to provide assistance to
                                              as the Secretary may reasonably require: Pro-           habilitation Act of 1973: Provided further, That       Bureau of Indian Education-funded schools.
                                              vided further, That the Secretary shall issue a         a State receiving funds under this heading shall          (c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
                                              notice inviting applications not later than 15          submit a report to the Secretary, at such time         CIES.—Within 60 days of the State’s approved




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                         H5229
                                              application under paragraph (a), each State             retary within 6 months of receipt of grant              ance at such institution at the end of the school
                                              shall allocate the remaining grant funds award-         funds—                                                  year preceding the beginning of that fiscal year
                                              ed to the State under this section as subgrants            (A) which local educational agencies received        and the total number of Pell Grant recipients at
                                              to local educational agencies in the State, with        funding;                                                all such institutions;
                                              the grant funds allocated to the local edu-                (B) how much funding was awarded to each                (ii) 20 percent according to a ratio equivalent
                                              cational agencies with the highest percentages          receiving local educational agency; and                 to the total number of students enrolled at such
                                              of students eligible for a free or reduced price           (C) a summary on the uses of funds for               institution at the end of the school year pre-
                                              lunch under the Richard B. Russell National             projects receiving funds under this section, in-        ceding the beginning of that fiscal year and the
                                              School Lunch Act (42. U.S.C. 1751 et. seq.) with        cluding the amount of local or state funds, if          number of students enrolled at all such institu-
                                              the public school facilities with the highest           any, applied to projects.                               tions; and
                                                                                                         (3) The Secretary shall prepare and submit a            (iii) 10 percent according to a ratio equivalent
                                              needs related to the coronavirus as determined
                                                                                                      report to the Committees on Appropriations of           to the total endowment size at all eligible insti-
                                              by the State.
                                                                                                      the House of Representatives and the Senate,            tutions at the end of the school year preceding
                                                 (1) PUBLIC NOTICE.—The State educational
                                                                                                      the Committee on Education and Labor of the             the beginning of that fiscal year and the total
                                              agency shall make subgrant information avail-
                                                                                                      House of Representatives, and the Committee on          endowment size at such institutions;
                                              able to the public on the State educational
                                                                                                      Health, Education, Labor and Pensions of the               (B) For eligible institutions under section 326
                                              agency website, including the local educational
                                                                                                      Senate within 10 months of the date of enact-           of the Higher Education Act, the Secretary shall
                                              agencies that received subgrant awards and the
                                                                                                      ment of this Act, that includes a summary of the        allot to each eligible institution an amount in
                                              amounts provided to each local educational
                                                                                                      types of projects that were funded with the             proportion to the award received from funding
                                              agency.
                                                                                                      grants.                                                 for such institutions in the Further Consoli-
                                                 (2) SUBGRANT APPLICATIONS.—To be consid-
                                              ered for a subgrant under this section, a quali-                         HIGHER EDUCATION                       dated Appropriations Act, 2020 (Public Law 116–
                                              fied local educational agency shall submit an              For an additional amount for ‘‘Higher Edu-           94);
                                              application to the State educational agency that        cation’’, $11,942,000,000 to prevent, prepare for,         (C) For eligible institutions under section 316
                                              shall include at minimum—                               and respond to coronavirus, of which $11,000,000        of the Higher Education Act, the Secretary shall
                                                 (A) a description of the coronavirus-related         shall be transferred to ‘‘National Technical In-        allot funding according to the formula in sec-
                                              school facility needs within the local edu-             stitute for the Deaf’’ to help defray expenses          tion 316(d)(3) of the Higher Education Act;
                                              cational agency; and                                    (which may include lost revenue, reimbursement             (D) Notwithstanding section 318(f) of the
                                                 (B) an estimate of how much addressing the           for expenses already incurred, technology costs         Higher Education Act, for eligible institutions
                                              coronavirus-related facility needs will cost.           associated with a transition to distance edu-           under section 318 of the Higher Education Act,
                                                 (d) USES OF FUNDS.—A local educational               cation, sign language and captioning costs asso-        the Secretary shall allot funding according to
                                              agency that receives funds under this section           ciated with a transition to distance education,         the formula in section 318(e) of the Higher Edu-
                                              may use the funds for any of the following:             faculty and staff trainings, and payroll) directly      cation Act;
                                                 (1) School facility repairs and improvements to      caused by coronavirus and to enable emergency              (E) Except as provided in subparagraphs (C)
                                              enable operation of schools to reduce risk of           financial aid to students for expenses directly         and (D), for eligible institutions under part A of
                                              virus transmission and exposure to environ-             related to coronavirus and the disruption of            title III of the Higher Education Act and parts
                                              mental health hazards, and to support student           university operations (which may include food,          A and B of title V, the Secretary shall issue an
                                              health needs.                                           housing, transportation, technology, health             application for eligible institutions to dem-
                                                 (2) Inspection, testing, maintenance, repair,        care, and child care), of which $20,000,000 shall       onstrate unmet need, and the Secretary shall
                                              replacement, and upgrade projects to improve            be transferred to ‘‘Howard University’’ to help         allow eligible institutions to apply for funds
                                              the indoor air quality in school facilities, in-        defray expenses (which may include lost rev-            under one of the programs for which they are
                                              cluding mechanical and non-mechanical heat-             enue, reimbursement for expenses already in-            eligible.
                                              ing, ventilation, and air conditioning systems,         curred, technology costs associated with a tran-           (2) $8,400,000,000 for part B of title VII of the
                                              filtering, purification and other air cleaning,         sition to distance education, technology costs          HEA for institutions of higher education (as de-
                                              fans, control systems, and window and door re-          associated with a transition to distance edu-           fined in section 101 or 102(c) of the HEA) to ad-
                                              pair and replacement.                                   cation, faculty and staff trainings, and payroll)       dress needs directly related to coronavirus as
                                                 (3) School facility repairs and improvements to      directly related to coronavirus and to enable           follows:
                                              support improved personal hygiene, such as re-          grants to students for expenses directly related           (A) $7,000,000,000 shall be provided to private,
                                              pair, replacement, and installation of sinks for        to coronavirus and the disruption of university         nonprofit institutions of higher education, by
                                              hand washing and touchless water dispensers             operations (which may include food, housing,            apportioning—
                                              for drinking, and health isolation areas.               transportation, technology, health care, and               (i) 75 percent according to the relative share
                                                 (4) Inspection, testing, maintenance, repair,        child care), of which $11,000,000 shall be trans-       of enrollment of Federal Pell Grant recipients
                                              and replacement of school facility potable water        ferred to ‘‘Gallaudet University’’ to help defray       who are not exclusively enrolled in distance
                                              systems to provide safe drinking water after pro-       expenses (which may include lost revenue, reim-         education courses prior to the coronavirus emer-
                                              longed shutoffs.                                        bursement for expenses already incurred, tech-          gency; and
                                                 (5) Improvements to finishes, such as painting       nology costs associated with a transition to dis-          (ii) 25 percent according to the relative share
                                              and other surface repair, needed to enable effec-       tance education, sign language and captioning           of the total enrollment of students who were not
                                              tive sanitizing.                                        costs associated with a transition to distance          Federal Pell Grant recipients who are not exclu-
                                                 (6) Improvements to school grounds needed to         education, faculty and staff trainings, and pay-        sively enrolled in distance education courses
                                              enable outdoor instruction and other physically         roll) directly related to coronavirus and to en-        prior to the coronavirus emergency.
                                              distanced school activities.                            able grants to students for expenses directly re-          (B) $1,400,000,000 shall be for institutions of
                                                 (7) Training of school facility staff in associa-    lated to coronavirus and the disruption of uni-         higher education with unmet need related to the
                                              tion with the above uses of funds.                      versity operations (which may include food,             coronavirus, including institutions of higher
                                                 (8) Planning, assessment, management, de-            housing, transportation, technology, health             education that offer their courses and programs
                                              sign, renovation, repair and construction activi-       care, and child care), and of which the remain-         exclusively through distance education:
                                              ties in association with the above uses of funds.       ing amounts shall be used to carry out parts A          Provided, That funds shall be used to make pay-
                                                 (9) Inspection, testing, maintenance, repair,        and B of title III, parts A and B of title V, sub-      ments to such institutions to provide emergency
                                              replacement, and upgrade projects to electrical         part 4 of part A of title VII, and part B of title      grants to students who attended such institu-
                                              systems to allow or improve information tech-           VII of the Higher Education Act of 1965                 tions at any point during the coronavirus emer-
                                              nology to provide virtual education.                    (‘‘HEA’’) as follows:                                   gency and for any component of the student’s
                                                 (e) PRIORITY.—A local educational agency                (1) $3,500,000,000 for parts A and B of title III,   cost of attendance (as defined under section 472
                                              that receives funds under this section shall            parts A and B of title V, and subpart 4 of part         of the HEA), including tuition, food, housing,
                                              prioritize funds for its school facilities that have    A of title VII of the HEA to address needs di-          course materials, technology, health care, and
                                              the most significant facility improvement needs         rectly related to coronavirus: Provided, That           child care): Provided further, That institutions
                                              with respect to responding to covid-19, including       such amount shall be allocated by the Secretary         of higher education may use such funds to de-
                                              those identified by the Centers for Disease Con-        proportionally to such programs covered under           fray expenses (including lost revenue, reim-
                                              trol and Prevention.                                    this paragraph and based on the relative share          bursement for expenses already incurred, tech-
                                                 (f) REPORTING.—(1) The local educational             of funding appropriated to such programs in the         nology costs associated with a transition to dis-
                                              agency shall include the following information          Further Consolidated Appropriations Act, 2020           tance education, faculty and staff trainings,
                                              in a report to the State educational agency             (Public Law 116–94) and distributed to institu-         and payroll) incurred by institutions of higher
                                              within 60 days of receipt of grant funds—               tions of higher education as follows:                   education: Provided further, That such pay-




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                                                 (A) which schools benefitted from the funds in          (A) Except as otherwise provided in subpara-         ments shall not be used to increase endowments,
                                              this section;                                           graph (B), for eligible institutions under part B       to pay contractors for the provision of pre-en-
                                                 (B) how much funding each selected school re-        of title III and subpart 4 of part A of title VII       rollment recruitment activities, or provide fund-
                                              ceived; and                                             of the Higher Education Act, the Secretary shall        ing for capital outlays associated with facilities
                                                 (C) a description of how the grant funds were        allot to each eligible institution an amount            related to athletics, sectarian instruction, or re-
                                              used.                                                   using the following formula:                            ligious worship: Provided further, That any pri-
                                                 (2) The State educational agency shall include          (i) 70 percent according to a ratio equivalent       vate, nonprofit institution of higher education
                                              the following information in a report to the Sec-       to the number of Pell Grant recipients in attend-       that is not otherwise eligible for a grant of at




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                                              H5230                                              CONGRESSIONAL RECORD — HOUSE                                                           October 1, 2020
                                              least $1,000,000 under paragraph (2)(A)(ii) of          available until expended: Provided further,               SEC. 809. The Secretary of Education may
                                              this heading and has a total enrollment of at           That amounts rescinded pursuant to this section        allow funds appropriated for grants under part
                                              least 500 students shall be eligible to receive,        that were previously designated by the Congress        B of title I and title VI of the Rehabilitation Act
                                              from amounts reserved under paragraph                   as an emergency requirement pursuant to the            of 1973 (29 U.S.C. 701 et seq.) for fiscal year 2020
                                              (2)(A)(i), an amount equal to whichever is the          Balanced Budget and Emergency Deficit Con-             to be available for obligation and expenditure
                                              lesser of the total loss of revenue and increased       trol Act of 1985 are designated by the Congress        during fiscal years 2020 and 2021: Provided,
                                              costs associated with the coronavirus or                as being for an emergency requirement pursuant         That the amounts provided by this section are
                                              $1,000,000: Provided further, That of the funds         to section 251(b)(2)(A)(i) of the Balanced Budget      designated by the Congress as being for an
                                              provided under paragraph 2(B), the Secretary            and Emergency Deficit Control Act of 1985: Pro-        emergency requirement pursuant to section
                                              shall make an application available for institu-        vided further, That such amount is designated          251(b)(2)(A)(i) of the Balanced Budget and
                                              tions of higher education to demonstrate unmet          by the Congress as being for an emergency re-          Emergency Deficit Control Act of 1985.
                                              need, which shall include for this purpose a            quirement pursuant to section 251(b)(2)(A)(i) of                      RELATED AGENCIES
                                              dramatic decline in revenue as a result of cam-         the Balanced Budget and Emergency Deficit                CORPORATION FOR NATIONAL AND COMMUNITY
                                              pus closure, exceptional costs or challenges im-        Control Act of 1985.                                                          SERVICE
                                              plementing distance education platforms due to            SEC. 806. Section 18004(c) of the Coronavirus
                                              lack of a technological infrastructure, serving a       Aid, Relief, and Economic Security Act (P.L.              For an additional amount for the ‘‘Corpora-
                                              large percentage of students who lack access to         116–136) is amended by striking ‘‘to cover any         tion for National and Community Service’’ (re-
                                              adequate technology to move to distance edu-            costs associated with significant changes to the       ferred to under this heading as ‘‘CNCS’’),
                                              cation, serving a region or community that has          delivery of instruction due to the coronavirus’’       $336,000,000, to prevent, prepare for, and re-
                                              been especially impacted by increased unem-             and inserting ‘‘to defray expenses (including          spond to coronavirus, including to carry out the
                                              ployment and displaced workers, serving com-            lost revenue, reimbursement for expenses al-           Domestic Volunteer Service Act of 1973 (‘‘1973
                                              munities or regions where the number of                 ready incurred, technology costs associated with       Act’’) and the National and Community Service
                                              coronavirus cases has imposed exceptional costs         a transition to distance education, faculty and        Act of 1990 (‘‘1990 Act’’): Provided, That
                                              on the institution, and other criteria that the         staff trainings, payroll) incurred by institutions     $228,000,000 of the funds made available in this
                                              Secretary shall identify after consultation with        of higher education.’’: Provided, That amounts         paragraph may be used to make new and addi-
                                              institutions of higher education or their rep-          repurposed pursuant to the amendment made by           tional awards to new and existing AmeriCorps
                                              resentatives: Provided further, That no institu-        this section that were previously designated by        grantees and may be used to provide adjust-
                                              tion may receive an award under the preceding           the Congress as an emergency requirement pur-          ments to awards under subtitle C of title I of the
                                              proviso unless it has submitted an application          suant to the Balanced Budget and Emergency             1990 Act for which the Chief Executive Officer
                                              that describes the impact of the coronavirus on         Deficit Control Act of 1985 are designated by the      of CNCS determines that a waiver of the Federal
                                              the institution and the ways that the institution       Congress as an emergency requirement pursuant          share limitation is warranted under section
                                              will use the funds to ameliorate such impact:           to section 251(b)(2)(A)(i) of the Balanced Budget      2521.70 of title 45 of the Code of Federal Regula-
                                              Provided further, That the Secretary shall re-          and Emergency Deficit Control Act of 1985.             tions: Provided further, That of the amount pro-
                                              allocate any funds received from an institution           SEC. 807. With respect to the allocation and         vided in this paragraph, $26,000,000 shall be for
                                              to remaining institutions in accordance with            award of funds under this title, the Secretary of      programs under title I, part A of the 1973 Act:
                                              paragraph 2(A): Provided further, That the Sec-         Education is prohibited from—                          Provided further, That of the amount provided
                                              retary shall brief the Committees on Appropria-           (a) establishing a priority or preference not        in this paragraph, $35,000,000 shall be for pro-
                                              tions fifteen days in advance of making any ap-         specified in this title; and                           grams under title II of the 1973 Act, and not less
                                              plication available for funds under paragraph             (b) imposing limits on the use of such funds         than $23,000,000 of these funds shall be available
                                              (2)(B): Provided further, That such amount is           not specified in this title.                           for the program under title II, part C of the 1973
                                              designated by the Congress as being for an                SEC. 808. (a) LOCAL ACTIVITIES AND IN-PERSON         Act: Provided further, That of the amounts pro-
                                              emergency requirement pursuant to section               CARE.—Notwithstanding each provision in part           vided under this paragraph: (1) up to 1 percent
                                              251(b)(2)(A)(i) of the Balanced Budget and              B of title IV of the Elementary and Secondary          of the funds in this paragraph may be used to
                                              Emergency Deficit Control Act of 1985.                  Education Act of 1965 (20 U.S.C. 7171 et seq.)         defray the costs of conducting grant application
                                                                                                      that requires activities under such part to be         reviews, including the use of outside peer re-
                                                      INSTITUTE OF EDUCATION SCIENCES                                                                        viewers and electronic management of the
                                                                                                      carried out during nonschool hours or periods
                                                For an additional amount for ‘‘Institute of           when school is not in session, for school year         grants cycle; (2) $9,000,000 shall be available to
                                              Education Sciences’’, $32,000,000 to prevent, pre-      2020–2021, an eligible entity that is awarded a        provide assistance to State commissions on na-
                                              pare for, and respond to coronavirus for car-           subgrant under section 4204 of such Act (20            tional and community service, under section
                                              rying out the National Assessment of Edu-               U.S.C. 7174) for community learning centers may        126(a) of the 1990 Act; (3) $5,000,000 shall be
                                              cational Progress Authorization Act (title III of       use such subgrant funds—                               available to carry out subtitle E of the 1990 Act;
                                              Public Law 107–279): Provided, That such                  (1) to carry out activities described in section     and (4) $12,000,000 shall be available for ex-
                                              amount is designated by the Congress as being           4205 of such Act (20 U.S.C. 7175), regardless of       penses authorized under section 501(a)(4)(F) of
                                              for an emergency requirement pursuant to sec-           whether such activities are conducted in-person        the 1990 Act, which shall be awarded by CNCS
                                              tion 251(b)(2)(A)(i) of the Balanced Budget and         or virtually, or during school hours or when           on a competitive basis: Provided further, That
                                              Emergency Deficit Control Act of 1985.                  school is in session; and                              for the purposes of carrying out the 1990 Act,
                                                         DEPARTMENTAL MANAGEMENT                        (2) to provide in-person care during—                satisfying     the    requirements     in    section
                                                       OFFICE OF INSPECTOR GENERAL                      (A) the regular school day for students eligible     122(c)(1)(D) of such Act may include a deter-
                                                For an additional amount for ‘‘Office of In-          to receive services under part B of title IV of        mination of need by the local community: Pro-
                                              spector General’’, $7,000,000, to remain available      such Act (20 U.S.C. 7171 et seq.); and                 vided further, That up to $21,000,000 may be
                                              until expended, to prevent, prepare for, and re-          (B) a period in which full-time in-person in-        transferred for necessary expenses of adminis-
                                              spond to coronavirus, including for salaries and        struction is not available for all such students       tration as provided under section 501(a)(5) of
                                              expenses necessary for oversight, investigations        served by such eligible entity.                        the 1990 Act and under section 504(a) of the 1973
                                              and audits of programs, grants, and projects              (b) REQUIREMENTS.—An eligible entity may             Act: Provided further, That such amount is des-
                                              funded in this Act to respond to coronavirus:           carry out the activities described in subsection       ignated by the Congress as being for an emer-
                                              Provided, That such amount is designated by             (a)(1) and the in-person care described in sub-        gency     requirement      pursuant     to   section
                                              the Congress as being for an emergency require-         section (a)(2) if—                                     251(b)(2)(A)(i) of the Balanced Budget and
                                                                                                        (1) such activities and in-person care supple-       Emergency Deficit Control Act of 1985.
                                              ment pursuant to section 251(b)(2)(A)(i) of the
                                                                                                      ment but do not supplant regular school day re-
                                              Balanced Budget and Emergency Deficit Con-                                                                        PAYMENT TO THE NATIONAL SERVICE TRUST
                                                                                                      quirements;
                                              trol Act of 1985.                                                                                                       (INCLUDING TRANSFER OF FUNDS)
                                                                                                        (2) such eligible entity complies with section
                                                   GENERAL PROVISIONS—DEPARTMENT OF                   4204(b)(2)(D) of the Elementary and Secondary             For an additional amount for ‘‘National Serv-
                                                                 EDUCATION                            Education Act of 1965 (20 U.S.C. 7174(b)(2)(D))        ice Trust’’, $14,000,000, to remain available until
                                                SEC. 805. The remaining unobligated balances          with respect to the activities carried out pursu-      expended: Provided, That CNCS may transfer
                                              of funds made available to ‘‘Department of Edu-         ant to this Act; and                                   additional funds from the amount provided
                                              cation—Office of Inspector General’’ in title             (3) such eligible entity specifies in an applica-    under the heading ‘‘Corporation for National
                                              VIII of division B of the CARES Act (Public             tion for a subgrant under section 4204(b) of such      and Community Service’’ in this Act for grants
                                              Law 116–136) are hereby rescinded, and an               Act (20 U.S.C. 7174(b)) with respect to such           made under subtitle C of title I of the 1990 Act
                                              amount of additional new budget authority               school year (or in an addendum to such applica-        to this appropriation upon determination that
                                              equivalent to the amount rescinded is hereby            tion) how the subgrant funds will be used to           such transfer is necessary to support the activi-




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                                              appropriated, for an additional amount for fis-         carry out such activities or to provide such in-       ties of national service participants and after
                                              cal year 2021, to remain available until ex-            person care, or both.                                  notice is transmitted to the Committees on Ap-
                                              pended, for the same purposes and under the               (c) EMERGENCY DESIGNATION.—The amounts               propriations of the House of Representatives
                                              same authorities as they were originally appro-         provided by this section are designated by the         and the Senate: Provided further, That the
                                              priated, and shall be in addition to any other          Congress as being for an emergency requirement         amount appropriated for or transferred to the
                                              funds available for such purposes: Provided,            pursuant to section 251(b)(2)(A)(i) of the Bal-        National Service Trust may be invested under
                                              That the amounts appropriated by this section           anced Budget and Emergency Deficit Control             section 145(b) of the 1990 Act without regard to
                                              may also be used for investigations and are             Act of 1985.                                           the requirement to apportion funds under 31




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                      H5231
                                              U.S.C. 1513(b): Provided further, That such             tor General’’ for necessary expenses in carrying       251(b)(2)(A)(i) of the Balanced Budget and
                                              amount is designated by the Congress as being           out the provisions of the Inspector General Act        Emergency Deficit Control Act of 1985.
                                              for an emergency requirement pursuant to sec-           of 1978: Provided further, That such amount is                 HOUSE OF REPRESENTATIVES
                                              tion 251(b)(2)(A)(i) of the Balanced Budget and         designated by the Congress as being for an                         ALLOWANCES AND EXPENSES
                                              Emergency Deficit Control Act of 1985.                  emergency requirement pursuant to section
                                                                                                      251(b)(2)(A)(i) of the Balanced Budget and               For an additional amount for ‘‘Allowances
                                                  CORPORATION FOR PUBLIC BROADCASTING                                                                        and Expenses’’, $37,000,000, to remain available
                                                                                                      Emergency Deficit Control Act of 1985.
                                                 For an additional amount for fiscal year 2021                                                               until expended, for necessary expenses for Busi-
                                              for ‘‘Corporation for Public Broadcasting,’’                 GENERAL PROVISIONS—THIS TITLE
                                                                                                                                                             ness Continuity and Disaster Recovery, to pre-
                                              $175,000,000 to prevent, prepare for, and respond          SEC. 810. Notwithstanding any other provision       vent, prepare for, and respond to coronavirus,
                                              to coronavirus, including for fiscal stabilization      of law, funds made available under each head-          to be allocated in accordance with a spend plan
                                              grants to public telecommunications entities, as        ing in this title shall only be used for the pur-      submitted to the Committee on Appropriations of
                                              defined by 47 U.S.C. 397(12), with no deduction         poses specifically described under that heading.       the House of Representatives by the Chief Ad-
                                              for administrative or other costs of the Corpora-          SEC. 811. Funds appropriated by this title may      ministrative Officer and approved by such Com-
                                              tion, to maintain programming and services and          be used by the Secretary of the Department of          mittee: Provided, That such amount is des-
                                              preserve small and rural stations threatened by         Health and Human Services to appoint, without          ignated by the Congress as being for an emer-
                                              declines in non-Federal revenues: Provided,             regard to the provisions of sections 3309 through      gency     requirement     pursuant   to   section
                                              That such amount is designated by the Congress          3319 of title 5 of the United States Code, can-        251(b)(2)(A)(i) of the Balanced Budget and
                                              as being for an emergency requirement pursuant          didates needed for positions to perform critical       Emergency Deficit Control Act of 1985.
                                              to section 251(b)(2)(A)(i) of the Balanced Budget       work relating to coronavirus for which—
                                                                                                         (1) public notice has been given; and                                 JOINT ITEMS
                                              and Emergency Deficit Control Act of 1985.
                                                                                                         (2) the Secretary has determined that such a              OFFICE OF THE ATTENDING PHYSICIAN
                                                INSTITUTE OF MUSEUM AND LIBRARY SERVICES
                                                                                                      public health threat exists.                             For an additional amount for ‘‘Office of the
                                                  OFFICE OF MUSEUM AND LIBRARY SERVICES:                 SEC. 812. Funds made available by this title        Attending Physician’’, $600,000, to remain avail-
                                                        GRANTS AND ADMINISTRATION                     may be used to enter into contracts with indi-         able until expended, to prevent, prepare for, and
                                                For an additional amount for ‘‘Institute of           viduals for the provision of personal services (as     respond to coronavirus: Provided, That such
                                              Museum and Library Services’’, $135,000,000 to          described in section 104 of part 37 of title 48,       amount is designated by the Congress as being
                                              prevent,     prepare   for,   and    respond    to      Code of Federal Regulations (48 CFR 37.104)) to        for an emergency requirement pursuant to sec-
                                              coronavirus, including grants to States, terri-         support the prevention of, preparation for, or         tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              tories, tribes, museums, and libraries, to expand       response to coronavirus, domestically and inter-       Emergency Deficit Control Act of 1985.
                                              digital network access, purchase internet acces-        nationally, subject to prior notification to the                       CAPITOL POLICE
                                              sible devices, provide technical support services,      Committees on Appropriations of the House of
                                                                                                                                                                                  SALARIES
                                              and for operational expenses: Provided, That            Representatives and the Senate: Provided, That
                                              any matching funds requirements for States,             such individuals may not be deemed employees                    (INCLUDING TRANSFER OF FUNDS)
                                              tribes, libraries, and museums are waived for           of the United States for the purpose of any law           For an additional amount for ‘‘Salaries’’,
                                              grants provided with funds made available               administered by the Office of Personnel Man-           $12,000,000, to prevent, prepare for, and respond
                                              under this heading in this Act: Provided fur-           agement: Provided further, That the authority          to coronavirus: Provided, That amounts pro-
                                              ther, That such amount is designated by the             made available pursuant to this section shall ex-      vided under this heading in this Act may be
                                              Congress as being for an emergency requirement          pire on September 30, 2024.                            transferred between Capitol Police ‘‘Salaries’’
                                              pursuant to section 251(b)(2)(A)(i) of the Bal-            SEC. 813. Not later than 30 days after the date     and ‘‘General Expenses’’ for the purposes pro-
                                              anced Budget and Emergency Deficit Control              of enactment of this Act, the Secretary of Health      vided herein without the approval requirement
                                              Act of 1985.                                            and Human Services shall provide a detailed            of section 1001 of the Legislative Branch Appro-
                                                         RAILROAD RETIREMENT BOARD                    spend plan of anticipated uses of funds made           priations Act, 2014 (2 U.S.C. 1907a); Provided
                                                                                                      available to the Department of Health and              further, That such amount is designated by the
                                                       LIMITATION ON ADMINISTRATION                   Human Services in this Act, including estimated        Congress as being for an emergency requirement
                                                For an additional amount for ‘‘Limitation on          personnel and administrative costs, to the Com-        pursuant to section 251(b)(2)(A)(i) of the Bal-
                                              Administration’’, $4,500,000 to prevent, prepare        mittees on Appropriations of the House of Rep-         anced Budget and Emergency Deficit Control
                                              for, and respond to coronavirus, including the          resentatives and the Senate: Provided, That            Act of 1985.
                                              expeditious dispensation of railroad unemploy-          such plans shall be updated and submitted to                 CONGRESSIONAL BUDGET OFFICE
                                              ment insurance benefits, and to support full-           such Committees every 60 days until September
                                                                                                                                                                           SALARIES AND EXPENSES
                                              time equivalents and overtime hours as needed           30, 2024: Provided further, That the spend plans
                                              to administer the Railroad Unemployment In-             shall be accompanied by a listing of each con-            For an additional amount for ‘‘Salaries and
                                              surance Act, and of which $8,300 shall be for ad-       tract obligation incurred that exceeds $5,000,000      Expenses’’, $1,200,000, to prevent, prepare for,
                                              ministrative costs related to implementing rebate       which has not previously been reported, includ-        and respond to coronavirus: Provided, That
                                              payments: Provided, That such amount is des-            ing the amount of each such obligation.                such amount is designated by the Congress as
                                              ignated by the Congress as being for an emer-              SEC. 814. Of the funds appropriated by this         being for an emergency requirement pursuant to
                                              gency     requirement    pursuant    to   section       title under the heading ‘‘Public Health and So-        section 251(b)(2)(A)(i) of the Balanced Budget
                                              251(b)(2)(A)(i) of the Balanced Budget and              cial Services Emergency Fund’’, $25,000,000 shall      and Emergency Deficit Control Act of 1985.
                                              Emergency Deficit Control Act of 1985.                  be transferred to, and merged with, funds made                  ARCHITECT OF THE CAPITOL
                                                  LIMITATION ON THE OFFICE OF INSPECTOR               available under the heading ‘‘Office of the Sec-           CAPITAL CONSTRUCTION AND OPERATIONS
                                                                 GENERAL                              retary, Office of Inspector General’’, and shall          For an additional amount for ‘‘Capital Con-
                                                                                                      remain available until expended, for oversight of      struction and Operations’’, $150,000,000, to re-
                                                For an additional amount for ‘‘Office of the
                                                                                                      activities supported with funds appropriated to        main available until expended, to supplement
                                              Inspector General’’, $500,000, to remain avail-
                                                                                                      the Department of Health and Human Services            the funding made available to the Architect for
                                              able until expended, to prevent, prepare for, and
                                                                                                      in this Act: Provided, That the Inspector Gen-         the purposes described in title IX of division B
                                              respond to coronavirus, including salaries and
                                                                                                      eral of the Department of Health and Human             of the CARES Act (Public Law 116–136): Pro-
                                              expenses necessary for oversight, investigations
                                                                                                      Services shall consult with the Committees on          vided, That this additional amount also may be
                                              and audits of the Railroad Retirement Board
                                                                                                      Appropriations of the House of Representatives         used for the purchase and distribution of sup-
                                              and railroad unemployment insurance benefits
                                                                                                      and the Senate prior to obligating such funds:         plies to respond to coronavirus including, but
                                              funded in this Act and Public Law 116–136: Pro-
                                                                                                      Provided further, That the transfer authority          not limited to, cleaning and sanitation supplies,
                                              vided, That such amount is designated by the
                                                                                                      provided by this section is in addition to any         masks and/or face coverings to Congressional of-
                                              Congress as being for an emergency requirement
                                                                                                      other transfer authority provided by law.              fices, committees, and visitors, including provi-
                                              pursuant to section 251(b)(2)(A)(i) of the Bal-
                                              anced Budget and Emergency Deficit Control                                   TITLE IX                          sions for travel and other necessary work car-
                                              Act of 1985.                                                         LEGISLATIVE BRANCH                        ried out by staff in their Congressional Districts
                                                  SOCIAL SECURITY ADMINISTRATION                                            SENATE                           and State Offices, wherever located: Provided
                                                                                                                                                             further, That such amount is designated by the
                                                 LIMITATION ON ADMINISTRATIVE EXPENSES                       CONTINGENT EXPENSES OF THE SENATE
                                                                                                                                                             Congress as being for an emergency requirement
                                                For an additional amount for ‘‘Limitation on               SERGEANT AT ARMS AND DOORKEEPER OF THE            pursuant to section 251(b)(2)(A)(i) of the Bal-
                                              Administrative Expenses’’, $40,500,000, to pre-                              SENATE                            anced Budget and Emergency Deficit Control
                                              vent, prepare for, and respond to coronavirus,            For an additional amount for ‘‘Sergeant at           Act of 1985.




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                                              domestically or internationally, for necessary          Arms and Doorkeeper of the Senate’’, $6,345,000,                   LIBRARY OF CONGRESS
                                              expenses to carry out additional recovery re-           to remain available until expended, to prevent,
                                              bates to individuals, as described in section 101       prepare for, and respond to coronavirus, which                       SALARIES AND EXPENSES
                                              of division F of this Act: Provided, That of the        shall be allocated in accordance with a spend                   (INCLUDING TRANSFER OF FUNDS)
                                              amount made available under this heading in             plan submitted to the Committee on Appropria-            For an additional amount for ‘‘Salaries and
                                              this Act, $2,500,000, to remain available until         tions of the Senate: Provided, That such amount        Expenses’’, $12,000,000, to prevent, prepare for,
                                              September 30, 2025, shall be transferred to ‘‘So-       is designated by the Congress as being for an          and respond to coronavirus, including to offset
                                              cial Security Administration—Office of Inspec-          emergency requirement pursuant to section              losses resulting from the coronavirus pandemic




                                        VerDate Sep 11 2014   08:11 Oct 02, 2020   Jkt 019060   PO 00000   Frm 00123   Fmt 4634   Sfmt 6333   E:\CR\FM\A01OC7.002   H01OCPT1
                                              H5232                                                CONGRESSIONAL RECORD — HOUSE                                                         October 1, 2020
                                              of amounts collected pursuant to the Act of               AUTHORITY OF ARCHITECT OF THE CAPITOL TO               the Department pays a per diem amount pursu-
                                              June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C.         MAKE EXPENDITURES IN RESPONSE TO EMER-               ant to 38 United States Code 1741 or 1745: Pro-
                                              150), for revolving fund activities pursuant to             GENCIES                                              vided further, That amounts made available to
                                              sections 182 and 182a through 182e of title 2,               SEC. 903. (a) COVERAGE OF COMMUTING                 ‘‘Veterans    Health     Administration—Medical
                                              United States Code, sections 708(d) and 1316 of           EXPENSES.—Section 1305(a)(2) of the Legisla-           Services’’ in division B of Public Law 116–136,
                                              title 17, United States Code, and sections                tive Branch Appropriations Act, 2010 (2 U.S.C.         may be transferred to and merged with the Med-
                                              111(d)(2), 119(b)(3), 803(e), and 1005 of such title,     1827(a)(2)) is amended by inserting after ‘‘re-        ical Community Care account to be used for the
                                              and for reimbursement of the Little Scholars              freshments’’, the following: ‘‘transportation and      purposes provided under this heading in this
                                              Child Development Center for salaries for em-             other related expenses incurred by employees in        Act, and shall be in additional to any other
                                              ployees, as authorized by this title: Provided,           commuting between their residence and their            amounts available for such purposes: Provided
                                              That the Library of Congress may transfer                 place of employment’’.                                 further, That amounts transferred pursuant to
                                              amounts appropriated under this heading in                   (b) AUTHORITY TO PROVIDE SUPPLIES                   the preceding proviso that were previously des-
                                              this Act to other applicable appropriations of            AND SERVICES THROUGHOUT FACILITIES                     ignated by the Congress as an emergency re-
                                              the Library of Congress to prevent, prepare for,          AND GROUNDS UNDER THE ARCHITECT OF                     quirement pursuant to the Balanced Budget and
                                              and respond to coronavirus: Provided further,             THE CAPITOL’S CARE.—Section 1305 of the                Emergency Deficit Control Act of 1985 are des-
                                              That such amount is designated by the Congress            Legislative Branch Appropriations Act, 2010 (2         ignated by the Congress as an emergency re-
                                              as being for an emergency requirement pursuant            U.S.C. 1827) is further amended by inserting           quirement pursuant to section 251(b)(2)(A)(i) of
                                              to section 251(b)(2)(A)(i) of the Balanced Budget         after subsection (a)(2), the following: ‘‘(3) May      the Balanced Budget and Emergency Deficit
                                              and Emergency Deficit Control Act of 1985.                accept contributions of, and incur obligations         Control Act of 1985: Provided further, That such
                                                                                                        and make expenditures for, supplies, products,         amount is designated by the Congress as being
                                                  GOVERNMENT PUBLISHING OFFICE
                                                                                                        services, and operational costs necessary to re-       for an emergency requirement pursuant to sec-
                                                 GOVERNMENT PUBLISHING OFFICE BUSINESS                  spond to the emergency, which may be provided          tion 251(b)(2)(A)(i) of the Balanced Budget and
                                                      OPERATIONS REVOLVING FUND                         throughout all facilities and grounds under the        Emergency Deficit Control Act of 1985.
                                                 For an additional amount for ‘‘Government              care of the Architect of the Capitol wherever lo-            NATIONAL CEMETERY ADMINISTRATION
                                              Publishing Office Business Operations Revolv-             cated, on a reimbursable or non-reimbursable             For an additional amount for ‘‘National Cem-
                                              ing Fund’’, $7,000,000, to prevent, prepare for,          basis subject to the availability of funds.’’.         etery Administration’’, $26,000,000, to prevent,
                                              and respond to coronavirus, which shall be for               (c) EFFECTIVE DATE.—The amendment                   prepare for, and respond to coronavirus: Pro-
                                              offsetting losses resulting from the coronavirus          made by subsections (a) and (b) shall apply with       vided, That such amount is designated by the
                                              pandemic of amounts collected pursuant to sec-            respect to fiscal year 2020 and each succeeding        Congress as being for an emergency requirement
                                              tion 309 of title 44, United States Code: Pro-            fiscal year.                                           pursuant to section 251(b)(2)(A)(i) of the Bal-
                                              vided, That funds appropriated under this                    SEC. 904. Notwithstanding the provisions of         anced Budget and Emergency Deficit Control
                                              heading in this Act may be made available to re-          section 6304(c) of title 5, United States Code,        Act of 1985.
                                              store amounts, either directly or through reim-           any annual leave accumulated by an employee
                                                                                                        of the Government Publishing Office in excess of               DEPARTMENTAL ADMINISTRATION
                                              bursement, for obligations incurred to prevent,
                                                                                                        the limits prescribed in section 6304(a) of title 5,             BOARD OF VETERANS APPEALS
                                              prepare for, and respond to coronavirus, domes-
                                              tically or internationally, prior to the date of          United States Code, remains to the credit of the         For an additional amount for ‘‘Board of Vet-
                                              enactment of this Act: Provided further, That             employee until December 31, 2021.                      erans Appeals’’, $4,000,000, to prevent, prepare
                                              such amount is designated by the Congress as                                   TITLE X                           for, and respond to coronavirus: Provided, That
                                              being for an emergency requirement pursuant to                                                                   such amount is designated by the Congress as
                                                                                                            MILITARY CONSTRUCTION, VETERANS
                                              section 251(b)(2)(A)(i) of the Balanced Budget                                                                   being for an emergency requirement pursuant to
                                                                                                              AFFAIRS, AND RELATED AGENCIES
                                              and Emergency Deficit Control Act of 1985.                                                                       section 251(b)(2)(A)(i) of the Balanced Budget
                                                                                                            DEPARTMENT OF VETERANS AFFAIRS                     and Emergency Deficit Control Act of 1985.
                                               GOVERNMENT ACCOUNTABILITY OFFICE                                VETERANS BENEFITS ADMINISTRATION                       INFORMATION TECHNOLOGY SYSTEMS
                                                              SALARIES AND EXPENSES                          GENERAL OPERATING EXPENSES, VETERANS                 For an additional amount for ‘‘Information
                                                                                                                    BENEFITS ADMINISTRATION                    Technology Systems’’, $45,000,000, to remain
                                                For an additional amount for ‘‘Salaries and
                                              Expenses’’, $88,500,000, to remain available until           For an additional amount for ‘‘General Oper-        available until September 30, 2021, to prevent,
                                              expended, to prevent, prepare for, and respond            ating Expenses, Veterans Benefits Administra-          prepare for, and respond to coronavirus: Pro-
                                              to coronavirus, which shall be for audits and in-         tion’’, $338,000,000, to prevent, prepare for, and     vided, That amounts provided under this head-
                                              vestigations and for reimbursement of the Tiny            respond to coronavirus, including the elimi-           ing shall be to improve the Veteran Benefits Ad-
                                              Findings Child Development Center for salaries            nation of backlogs that may have occurred: Pro-        ministration’s education systems, including im-
                                              for employees, as authorized by this title: Pro-          vided, That amounts provided under this head-          plementation of changes to chapters 30 through
                                              vided, That not later than 90 days after the date         ing in this Act made available for the elimi-          36 of part III of title 38, United States Code in
                                              of enactment of this Act, the Government Ac-              nation of backlogs may not be used to increase         the Harry W. Colmery Veterans Educational As-
                                              countability Office shall submit to the Commit-           the number of permanent positions: Provided            sistance Act of 2017 (Public Law 115–48), in a
                                              tees on Appropriations of the House of Rep-               further, That of the amounts provided under            bill to authorize the Secretary of Veterans Af-
                                              resentatives and the Senate a spend plan speci-           this heading, up to $198,000,000 shall be to im-       fairs to treat certain programs of education con-
                                              fying funding estimates and a timeline for such           prove the Veteran Benefits Administration’s            verted to distance learning by reason of emer-
                                              audits and investigations: Provided further,              education systems, including implementation of         gencies and health-related situations in the
                                              That such amount is designated by the Congress            changes to chapters 30 through 36 of part III of       same manner as programs of education pursued
                                              as being for an emergency requirement pursuant            title 38, United States Code in the Harry W.           at educational institutions, and for other pur-
                                              to section 251(b)(2)(A)(i) of the Balanced Budget         Colmery Veterans Educational Assistance Act of         poses (Public Law 116–128), and in the Student
                                              and Emergency Deficit Control Act of 1985.                2017 (Public Law 115–48), in a bill to authorize       Veteran Coronavirus Response Act of 2020 (Pub-
                                                                                                        the Secretary of Veterans Affairs to treat certain     lic Law 116–140): Provided further, That such
                                                  GENERAL PROVISIONS—THIS TITLE                         programs of education converted to distance            amount is designated by the Congress as being
                                              SOURCE OF FUNDS USED FOR PAYMENT OF SALA-                 learning by reason of emergencies and health-          for an emergency requirement pursuant to sec-
                                                RIES AND EXPENSES OF SENATE EMPLOYEE                    related situations in the same manner as pro-          tion 251(b)(2)(A)(i) of the Balanced Budget and
                                                CHILD CARE CENTER                                       grams of education pursued at educational in-          Emergency Deficit Control Act of 1985.
                                                                                                        stitutions, and for other purposes (Public Law                       RELATED AGENCIES
                                                SEC. 901. The Secretary of the Senate shall re-
                                                                                                        116–128),    and    in    the  Student    Veteran               DEPARTMENT OF DEFENSE—CIVIL
                                              imburse the Senate Employee Child Care Center
                                                                                                        Coronavirus Response Act of 2020 (Public Law
                                              for personnel costs incurred until September 30,                                                                            CEMETERIAL EXPENSES, ARMY
                                                                                                        116–140): Provided further, That such amount is
                                              2021, for employees of such Center who have                                                                                  SALARIES AND EXPENSES
                                                                                                        designated by the Congress as being for an
                                              been ordered to cease working due to measures
                                                                                                        emergency requirement pursuant to section                For an additional amount for ‘‘Salaries and
                                              taken in the Capitol complex to combat
                                                                                                        251(b)(2)(A)(i) of the Balanced Budget and             Expenses’’, $2,000,000, to prevent, prepare for,
                                              coronavirus, from amounts in the appropria-
                                                                                                        Emergency Deficit Control Act of 1985.                 and respond to coronavirus: Provided, That
                                              tions account ‘‘Miscellaneous Items’’ within the
                                                                                                                VETERANS HEALTH ADMINISTRATION                 such amount is designated by the Congress as
                                              contingent fund of the Senate.
                                                                                                                    MEDICAL COMMUNITY CARE
                                                                                                                                                               being for an emergency requirement pursuant to
                                                SEC. 902. Funds appropriated to the Architect                                                                  section 251(b)(2)(A)(i) of the Balanced Budget
                                              of the Capitol in this Act also may be used to re-          For an additional amount for ‘‘Medical Com-          and Emergency Deficit Control Act of 1985.




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                                              store amounts, either directly or through reim-           munity Care’’, $100,000,000, for a one-time emer-
                                                                                                                                                                 AMERICAN BATTLE MONUMENTS COMMISSION
                                              bursement, for obligations incurred by the Ar-            gency payment to existing State Extended Care
                                              chitect to prevent, prepare for, and respond to           Facilities for Veterans, to prevent, prepare for,                  SALARIES AND EXPENSES
                                              Coronavirus Disease 2019 (COVID–19) prior to              and respond to coronavirus: Provided, That               For an additional amount for the ‘‘Salaries
                                              the date of enactment of this Act. Funds used to          such payments shall be in proportion to each           and Expenses’’, $2,000,000, to prevent, prepare
                                              restore amounts to other Architect of the Capitol         State’s share of the total resident capacity in        for, and respond to coronavirus: Provided, That
                                              accounts shall assume the original period of              such facilities as of January 4, 2020 where such       such amount is designated by the Congress as
                                              availability of such accounts.                            capacity includes only veterans on whose behalf        being for an emergency requirement pursuant to




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                                              October 1, 2020                                     CONGRESSIONAL RECORD — HOUSE                                                                       H5233
                                              section 251(b)(2)(A)(i) of the Balanced Budget           nance requirements related to the consequences           For an additional amount for ‘‘Global Health
                                              and Emergency Deficit Control Act of 1985.               of coronavirus, domestically or internationally,       Programs’’, $4,535,925,000, for necessary ex-
                                                   GENERAL PROVISIONS—THIS TITLE                       of which $425,000,000 shall be for Consular and        penses to prevent, prepare for, and respond to
                                                                                                       Border Security Programs, to remain available          coronavirus: Provided, That such funds shall be
                                                      (INCLUDING TRANSFER OF FUNDS)
                                                                                                       until expended, for offsetting losses resulting        administered by the United States Global AIDS
                                                 SEC. 1001. Title X of division B of the               from the coronavirus pandemic of fees collected        Coordinator: Provided further, That not less
                                              Coronavirus Aid, Relief, and Economic Security           and deposited into such account pursuant to            than $3,500,000,000 shall be made available as a
                                              Act (Public Law 116–136) is amended under the            section 7081 of Public Law 115–31: Provided,           United States contribution to the Global Fund
                                              heading ‘‘Department of Veterans Affairs—De-             That such amount is designated by the Congress         to Fight AIDS, Tuberculosis and Malaria (Glob-
                                              partmental Administration—Grants for Con-                as being for an emergency requirement pursuant         al Fund): Provided further, That funds made
                                              struction of State Extended Care Facilities’’ by         to section 251(b)(2)(A)(i) of the Balanced Budget      available to the Global Fund pursuant to the
                                              striking ‘‘including to modify or alter existing         and Emergency Deficit Control Act of 1985.             previous proviso shall be made available not-
                                              hospital, nursing home, and domiciliary facili-                                                                 withstanding section 202(d)(4)(A)(i) of the
                                                                                                                 OFFICE OF INSPECTOR GENERAL
                                              ties in State homes: Provided,’’ and inserting in                                                               United States Leadership Against HIV/AIDS,
                                              lieu thereof the following: ‘‘which shall be for           For an additional amount for ‘‘Office of In-
                                                                                                                                                              Tuberculosis, and Malaria Act of 2003 (22 U.S.C.
                                              modifying or altering existing hospital, nursing         spector General’’, $4,400,000, for oversight of ac-
                                                                                                                                                              7622(d)(4)(A)(i)): Provided further, That funds
                                              home, and domiciliary facilities in State homes:         tivities conducted by the Department of State          appropriated under this heading for fiscal years
                                              Provided, That the Secretary shall conduct a             and made available to prevent, prepare for, and        2020 and 2021 which are designated as being for
                                              new competition or competitions to award                 respond to coronavirus by this title and by prior      an emergency requirement pursuant to section
                                              grants to States using funds provided under this         acts: Provided, That such amount is designated         251(b)(2)(A)(i) of the Balanced Budget and
                                              heading in this Act: Provided further, That              by the Congress as being for an emergency re-          Emergency Deficit Control Act of 1985 and made
                                              such grants may be made to reimburse States for          quirement pursuant to section 251(b)(2)(A)(i) of       available as a United States contribution to the
                                              the costs of modifications or alterations that           the Balanced Budget and Emergency Deficit              Global Fund shall not be considered a contribu-
                                              have been initiated or completed before an ap-           Control Act of 1985.                                   tion for the purpose of applying section
                                              plication for a grant under this section is ap-                   UNITED STATES AGENCY FOR                      202(d)(4)(A)(i): Provided further, That funds ap-
                                              proved by the Secretary: Provided further, That                 INTERNATIONAL DEVELOPMENT                       propriated by this paragraph in this title shall
                                              the use of funds provided under this heading in               FUNDS APPROPRIATED TO THE PRESIDENT               be allocated and allotted within 60 days of the
                                              this Act shall not be subject to state matching                           OPERATING EXPENSES                    date of enactment of this Act: Provided further,
                                              fund requirement, application requirements, cost                                                                That such amount is designated by the Congress
                                                                                                         For an additional amount for ‘‘Operating Ex-
                                              thresholds, the priority list, deadlines, award                                                                 as being for an emergency requirement pursuant
                                                                                                       penses’’, $50,000,000, to prevent, prepare for, and
                                              dates under sections 8134 and 8135 of title 38,                                                                 to section 251(b)(2)(A)(i) of the Balanced Budget
                                                                                                       respond to coronavirus and for other operations
                                              United States Code, and part 59 of chapter I of                                                                 and Emergency Deficit Control Act of 1985.
                                                                                                       and maintenance requirements related to the
                                              title 38, Code of Federal Regulations, and shall         consequences of coronavirus: Provided, That                        DEVELOPMENT ASSISTANCE
                                              not be subject to requirements of section 501(d)         such amount is designated by the Congress as              For an additional amount for ‘‘Development
                                              of title 38, United States Code: Provided further,       being for an emergency requirement pursuant to         Assistance’’, $250,000,000, for necessary expenses
                                              That the Secretary may establish and adjust              section 251(b)(2)(A)(i) of the Balanced Budget         to prevent, prepare for, and respond to
                                              rolling deadlines for applications for such              and Emergency Deficit Control Act of 1985.             coronavirus, including to address related eco-
                                              grants and may issue multiple rounds of appli-                                                                  nomic, and stabilization requirements, of which
                                                                                                                 OFFICE OF INSPECTOR GENERAL
                                              cation periods for the award of such grants                                                                     not less than $150,000,000 shall be made avail-
                                              under this section: Provided further,’’: Pro-              For an additional amount for ‘‘Office of In-         able to maintain access to basic education and
                                              vided, That amounts repurposed pursuant to               spector General’’, $3,500,000, for oversight of ac-    not less than $45,000,000 shall be to maintain ac-
                                              this section that were previously designated by          tivities conducted by the United States Agency         cess to not-for-profit institutions of higher edu-
                                              the Congress as an emergency requirement pur-            for International Development and made avail-          cation for costs related to the consequences of
                                              suant to the Balanced Budget and Emergency               able to prevent, prepare for, and respond to           coronavirus: Provided, That such institutions of
                                              Deficit Control Act of 1985 are designated by the        coronavirus by this title and by prior acts: Pro-      higher education shall meet standards equiva-
                                              Congress as an emergency requirement pursuant            vided, That such amount is designated by the           lent to those required for United States institu-
                                              to section 251(b)(2)(A)(i) of the Balanced Budget        Congress as being for an emergency requirement         tional accreditation by a regional accreditation
                                              and Emergency Deficit Control Act of 1985.               pursuant to section 251(b)(2)(A)(i) of the Bal-        agency recognized by the United States Depart-
                                                 SEC. 1002. Of the unobligated balances avail-         anced Budget and Emergency Deficit Control             ment of Education: Provided further, That
                                              able to the Department of Veterans Affairs from          Act of 1985                                            funds made available under this heading in this
                                              title X of division B of the Coronavirus Aid, Re-             BILATERAL ECONOMIC ASSISTANCE                     title shall be allocated and allotted within 60
                                              lief, and Economic Security Act (Public Law                   FUNDS APPROPRIATED TO THE PRESIDENT               days of the date of enactment of this Act: Pro-
                                              116–136) for ‘‘Veterans Health Administration,                       GLOBAL HEALTH PROGRAMS
                                                                                                                                                              vided further, That such amount is designated
                                              Medical Services’’, up to $100,000,000 may be                                                                   by the Congress as being for an emergency re-
                                                                                                         For an additional amount for ‘‘Global Health         quirement pursuant to section 251(b)(2)(A)(i) of
                                              transferred to ‘‘Departmental Administration,
                                                                                                       Programs’’, $3,690,925,000, for necessary ex-          the Balanced Budget and Emergency Deficit
                                              Information Technology Systems’’ to prevent,
                                                                                                       penses to prevent, prepare for, and respond to         Control Act of 1985.
                                              prepare for, and respond to coronavirus, domes-
                                                                                                       coronavirus: Provided, That such funds shall be
                                              tically or internationally, for improvements to                                                                                INDEPENDENT AGENCIES
                                                                                                       administered by the Administrator of the United
                                              supply chain systems including the Defense                                                                                 INTER-AMERICAN FOUNDATION
                                                                                                       States Agency for International Development:
                                              Medical Logistics Standard Support system:                                                                         For an additional amount for ‘‘Inter-Amer-
                                                                                                       Provided further, That of the funds appro-
                                              Provided, That not more than $50,000,000 may                                                                    ican Foundation’’, $15,000,000, for necessary ex-
                                                                                                       priated under this heading in this title, not less
                                              be transferred to development subaccount for                                                                    penses to prevent, prepare for, and respond to
                                                                                                       than $150,000,000 shall be transferred to, and
                                              the Supply Chain Management project: Pro-                                                                       coronavirus, including to address related eco-
                                                                                                       merged with, funds made available for the
                                              vided further, That the transferred funds shall                                                                 nomic and stabilization requirements: Provided,
                                                                                                       Emergency Reserve Fund established pursuant
                                              be in addition to any other funds made avail-                                                                   That funds made available under this heading
                                                                                                       to section 7058(c)(1) of the Department of State,
                                              able for this purpose: Provided further, That the                                                               in this title shall be allocated and allotted with-
                                                                                                       Foreign Operations, and Related Programs Ap-
                                              amounts transferred in this section that were                                                                   in 60 days of the enactment of this Act: Pro-
                                                                                                       propriations Act, 2017 (division J of Public Law
                                              previously designated by the Congress as an                                                                     vided further, That such amount is designated
                                                                                                       115–31): Provided further, That funds made
                                              emergency requirement pursuant to the Bal-                                                                      by the Congress as being for an emergency re-
                                                                                                       available pursuant to the preceding proviso
                                              anced Budget and Emergency Deficit Control                                                                      quirement pursuant to section 251(b)(2)(A)(i) of
                                                                                                       shall be made available under the terms and
                                              Act of 1985 are designated by the Congress as an                                                                the Balanced Budget and Emergency Deficit
                                                                                                       conditions of such section, as amended: Pro-
                                              emergency requirement pursuant to section                                                                       Control Act of 1985.
                                                                                                       vided further, That funds appropriated by this
                                              251(b)(2)(A)(i) of the Balanced Budget and                                                                             UNITED STATES AFRICAN DEVELOPMENT
                                                                                                       paragraph in this title shall be made available
                                              Emergency Deficit Control Act of 1985.                                                                                            FOUNDATION
                                                                                                       for a contribution to a multilateral vaccine de-
                                                                   TITLE XI                            velopment partnership to support epidemic pre-           For an additional amount for ‘‘United States
                                                    DEPARTMENT OF STATE, FOREIGN                       paredness: Provided further, That of the funds         African Development Foundation’’, $15,000,000,
                                                OPERATIONS, AND RELATED PROGRAMS                       appropriated by this paragraph in this title, not      for necessary expenses to prevent, prepare for,
                                                           DEPARTMENT OF STATE                         less than $3,500,000,000 shall be made available       and respond to coronavirus, including to ad-
                                                                                                       for a United States Contribution to The GAVI           dress related economic and stabilization require-




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                                                     ADMINISTRATION OF FOREIGN AFFAIRS
                                                                                                       Alliance: Provided further, That funds appro-          ments: Provided, That funds made available
                                                              DIPLOMATIC PROGRAMS                      priated by this paragraph in this title shall be       under this heading in this title shall be allo-
                                                For an additional amount for ‘‘Diplomatic              allocated and allotted within 60 days of the date      cated and allotted within 60 days of the enact-
                                              Programs’’, $500,000,000, for necessary expenses         of enactment of this Act: Provided further, That       ment of this Act: Provided further, That such
                                              to prevent, prepare for, and respond to                  such amount is designated by the Congress as           amount is designated by the Congress as being
                                              coronavirus, including for evacuation expenses,          being for an emergency requirement pursuant to         for an emergency requirement pursuant to sec-
                                              emergency preparedness, maintaining consular             section 251(b)(2)(A)(i) of the Balanced Budget         tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              operations, and other operations and mainte-             and Emergency Deficit Control Act of 1985.             Emergency Deficit Control Act of 1985.




                                        VerDate Sep 11 2014    08:11 Oct 02, 2020   Jkt 019060   PO 00000   Frm 00125   Fmt 4634   Sfmt 6333   E:\CR\FM\A01OC7.002   H01OCPT1
                                              H5234                                              CONGRESSIONAL RECORD — HOUSE                                                            October 1, 2020
                                                     MULTILATERAL ASSISTANCE                          gard to the time limitations referenced therein,           (1) Not less than $500,000,000 shall be to pay
                                                  FUNDS APPROPRIATED TO THE PRESIDENT                 to continue such payments in connection with            the local share of eligible costs for which a
                                                                                                      authorized or ordered departures from foreign           grant is made under this heading under the De-
                                               INTERNATIONAL ORGANIZATIONS AND PROGRAMS
                                                                                                      areas, to prevent, prepare for, and respond to          partment of Transportation Appropriations Act,
                                                For an additional amount for ‘‘International          coronavirus: Provided, That the authority               2021: Provided, That any remaining funds after
                                              Organizations and Programs’’, $935,250,000, to          under this section shall be available to continue       the apportionment under this paragraph (1)
                                              remain available until September 30, 2022, for          such payments for the period beginning on July          shall be distributed as described in paragraph
                                              necessary expenses to prevent, prepare for, and         21, 2020, through September 30, 2022, when such         (2) under this heading in this Act:
                                              respond to coronavirus and to support the               authority shall expire.                                    (2) Not less than $12,500,000,000 shall be avail-
                                              United Nations Global Humanitarian Response                                                                     able for any purpose for which airport revenues
                                                                                                                         TITLE XII
                                              Plan COVID–19, of which not less than                                                                           may lawfully be used: Provided, That such
                                              $750,000,000 shall be for the World Food Pro-            TRANSPORTATION, HOUSING AND URBAN
                                                                                                                                                              funds shall be allocated among eligible primary
                                              gramme, and not less than $185,250,000 shall be          DEVELOPMENT, AND RELATED AGENCIES
                                                                                                                                                              airports (as defined in section 47102(16) of title
                                              for the United Nations Children’s Fund: Pro-                DEPARTMENT OF TRANSPORTATION                        49 United States Code) based on each airport’s
                                              vided, That funds made available under this                         OFFICE OF THE SECRETARY                     calendar year 2019 enplanements as a percent-
                                              heading in this title shall be allocated and allot-                      SALARIES AND EXPENSES                  age of total 2019 enplanements for all eligible
                                              ted within 60 days of the date of enactment of            For an additional amount for ‘‘Salaries and           primary service airports: Provided further, That
                                              this Act: Provided further, That such amount is         Expenses’’, $20,000,000, to remain available until      sponsors provide relief equaling at least 25 per-
                                              designated by the Congress as being for an              expended, to prevent, prepare for, and respond          cent of the amount allocated to an airport under
                                              emergency requirement pursuant to section               to coronavirus, including necessary expenses for        this paragraph to on-airport car rental, on-air-
                                              251(b)(2)(A)(i) of the Balanced Budget and              operating costs and capital outlays: Provided,          port parking, and in-terminal airport conces-
                                              Emergency Deficit Control Act of 1985.                  That such amounts are in addition to any other          sions (as defined in part 23 of title 49, Code of
                                                   GENERAL PROVISIONS—THIS TITLE                      amounts made available for this purpose: Pro-           Federal Regulations) in the form of waiving
                                                                                                      vided further, That obligations of amounts              rent, minimum annual guarantees, lease obliga-
                                                      (INCLUDING TRANSFER OF FUNDS)
                                                                                                      under this heading in this Act shall not be sub-        tions, fees, or penalties, or, at the request of the
                                                SEC. 1101. The authorities and limitations of                                                                 owner of an in-terminal concession, to provide
                                              section 402 of the Coronavirus Preparedness and         ject to the limitation on obligations under the
                                                                                                      heading ‘‘Office of the Secretary—Working Cap-          for a buyout of such concession: Provided fur-
                                              Response Supplemental Appropriations Act (di-                                                                   ther, That the sponsor shall give the highest pri-
                                              vision A of Public Law 116–123) shall apply to          ital Fund’’ in division H of the Further Consoli-
                                                                                                                                                              ority to an owner who qualifies as an small
                                              funds appropriated by this title as follows:            dated Appropriations Act, 2020 (Public Law 116–
                                                                                                                                                              businesses with maximum gross receipts less
                                                (1) Subsections (a), (d), (e), and (f) shall apply    94): Provided further, That such amount is des-
                                                                                                                                                              than $56 million: Provided further, That the
                                              to funds under the heading ‘‘Diplomatic Pro-            ignated by the Congress as being for an emer-
                                                                                                                                                              Federal share payable of the costs for which a
                                              grams’’; and                                            gency     requirement     pursuant   to    section
                                                                                                                                                              grant is made under this paragraph shall be 100
                                                (2) Subsections (c), (d), (e), and (f) shall apply    251(b)(2)(A)(i) of the Balanced Budget and
                                                                                                                                                              percent; and
                                              to funds under the heading ‘‘Global Health Pro-         Emergency Deficit Control Act of 1985.                     (3) Up to $200,000,000 shall be available for
                                              grams’’, and ‘‘Development Assistance’’.                                 ESSENTIAL AIR SERVICE                  general aviation airports and commercial service
                                                SEC. 1102. Funds appropriated by this title             In addition to funds provided to the ‘‘Pay-           airports that are not primary airports for any
                                              under the headings ‘‘Diplomatic Programs’’,             ments to Air Carriers’’ program in Public Law           purpose for which airport revenues may law-
                                              ‘‘Operating Expenses’’, ‘‘Global Health Pro-            116–94 to carry out the essential air service pro-      fully be used, and, which the Secretary shall
                                              grams’’, and ‘‘Development Assistance’’ may be          gram under section 41731 through 41742 of title         apportion directly to each eligible airport, as de-
                                              used to reimburse such accounts administered            49, United States Code, $75,000,000, to be derived      fined in paragraphs (7), (8), and (16) of section
                                              by the Department of State and the United               from the general fund of the Treasury, and to be        47102 of title 49, United States Code, based on
                                              States Agency for International Development,            made available to the Essential Air Service and         the categories published in the most current Na-
                                              for obligations incurred to prevent, prepare for,       Rural Improvement Fund, to prevent, prepare             tional Plan of Integrated Airport Systems, re-
                                              and respond to coronavirus prior to the date of         for, and respond to coronavirus: Provided, That         flecting the percentage of the aggregate pub-
                                              enactment of this Act.                                  such amount is designated by the Congress as            lished eligible development costs for each such
                                                SEC. 1103. The reporting requirements of sec-         being for an emergency requirement pursuant to          category, and then dividing the allocated funds
                                              tion 406(b) of the Coronavirus Preparedness and         section 251(b)(2)(A)(i) of the Balanced Budget          evenly among the eligible airports in each cat-
                                              Response Supplemental Appropriations Act, 2020          and Emergency Deficit Control Act of 1985.              egory, rounding up to the nearest thousand dol-
                                              (division A of Public Law 116–123) shall apply to              FEDERAL AVIATION ADMINISTRATION                  lars: Provided, That the Federal share payable
                                              funds appropriated by this title.                                             OPERATIONS
                                                                                                                                                              of the costs for which a grant is made under this
                                                SEC. 1104. Section 404 of the Coronavirus Pre-                                                                paragraph shall be 100 percent: Provided fur-
                                              paredness and Response Supplemental Appro-                For an additional amount for ‘‘Operations’’,
                                                                                                                                                              ther, That any remaining funds after the appor-
                                              priations Act (division A of Public Law 116–123)        $50,000,000, to be derived from the general fund,
                                                                                                                                                              tionment under this paragraph (3) shall be dis-
                                              shall apply to funds appropriated by this title         for necessary expenses to provide Federal Avia-
                                                                                                                                                              tributed as described in paragraph (2) under
                                              under the same headings as specified by such            tion Administration (FAA) employees with
                                                                                                                                                              this heading in this Act:
                                              section.                                                masks or protective face coverings, gloves, and         Provided further, That the matter preceding the
                                                SEC. 1105. Notwithstanding the limitations in         sanitizer and wipes with sufficient alcohol con-        first proviso under this heading in title XII of
                                              sections 609(i) and 609(j) of the Millennium            tent and to ensure FAA facilities are cleaned,          division B of the CARES Act (Public Law 116-
                                              Challenge Act of 2003 (2211 U.S.C. 7708(j), 7715),      disinfected, and sanitized in accordance with           136) is amended by striking ‘‘to remain available
                                              the Millennium Challenge Corporation may,               Centers for Disease Control and Prevention              until expended’’ and inserting ‘‘to remain avail-
                                              subject to the availability of funds, extend any        guidance: Provided further, That such amount            able until September 30, 2025’’: Provided further,
                                              compact in effect as of January 29, 2020, for up        is designated by the Congress as being for an           That amounts made available under this head-
                                              to one additional year, to account for delays re-       emergency requirement pursuant to section               ing in title XII of division B of the CARES Act
                                              lated to coronavirus: Provided, That the Cor-           251(b)(2)(A)(i) of the Balanced Budget and              (Public Law 116-136) shall not be subject to the
                                              poration shall notify the Committees on Appro-          Emergency Deficit Control Act of 1985.                  limitation on obligations in any act making ap-
                                              priations and Foreign Relations of the Senate                      GRANTS-IN-AID FOR AIRPORTS                   propriations: Provided further, That any funds
                                              and the Committees on Appropriations and For-             For an additional amount for ‘‘Grants-In-Aid          under the previous proviso designated as airport
                                              eign Affairs of the House of Representatives            for Airports’’, $13,500,000,000, to prevent, pre-       grants that are unobligated, recovered by or re-
                                              prior to providing any such extension.                  pare for, and respond to coronavirus, to remain         turned to the Federal Aviation Administration
                                                SEC. 1106. The Secretary of State and the             available until September 30, 2026: Provided,           (FAA) within 5 years from the date of enact-
                                              heads of other Federal agencies may rely upon           That amounts made available under this head-            ment of the CARES Act (Public Law 116-36)
                                              the authority of section 5924 of title 5, United        ing in this Act shall be derived from the general       shall be pooled and redistributed as described in
                                              States Code, without regard to the foreign area         fund of the Treasury: Provided further, That            paragraph (2) under this heading in this Act:
                                              limitations referenced therein, to make pay-            funds provided under this heading in this Act           Provided further, That the FAA may redis-
                                              ments for education allowances to employees             shall only be available to sponsors of airports in      tribute funds under the previous proviso on
                                              who are in the United States on ordered or au-          categories defined in section 47102 of title 49,        more than one occasion: Provided further, That
                                              thorized departure, or for whom travel to a post        United States Code: Provided further, That the          any airport that had been allocated more than
                                              in a foreign area has been delayed, to prevent,         requirements of chapter 471 of such title, except       four times annual operating expenses under this
                                              prepare for, or respond to coronavirus: Pro-            for project eligibility, shall apply to funds pro-      heading in title XII of division B of the CARES




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                                              vided, That the authority under this section            vided for any contract awarded (after the date          Act (Public Law 116-136) shall not be eligible for
                                              shall expire on December 31, 2024.                      of enactment of this Act) for airport develop-          funds allocated or redistributed under this Act:
                                                SEC. 1107. The Secretary of State and the             ment and funded under this heading: Provided            Provided further, That the Administrator of the
                                              heads of other Federal agencies whose employ-           further, That funds provided under this heading         FAA may retain up to 0.1 percent of the funds
                                              ees are authorized to receive payments of mone-         in this Act may not be used for any purpose not         provided under this heading in this Act to fund
                                              tary amounts and other allowances under sec-            directly related to the airport: Provided further,      the award and oversight by the Administrator of
                                              tion 5523 of title 5, United States Code, may rely      That of the amounts appropriated under this             grants made under this heading in this Act:
                                              upon the authority of that section, without re-         heading in this Act—                                    Provided further, That obligations of funds




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                         H5235
                                              under this heading in this Act shall not be sub-        for use by the National Railroad Passenger Cor-         with ‘‘Northeast Corridor Grants to the Na-
                                              ject to any limitations on obligations provided in      poration to repay or prepay debt incurred by the        tional Railroad Passenger Corporation’’ to pre-
                                              any Act making appropriations: Provided fur-            National Railroad Passenger Corporation under           vent, prepare for, and respond to coronavirus:
                                              ther, That all airport sponsors receiving funds         financing arrangements entered into prior to the        Provided further, That such amount is des-
                                              under this heading in this Act shall continue to        enactment of this Act and to pay required re-           ignated by the Congress as being for an emer-
                                              employ, through September 30, 2021, at least 90         serves, costs, and fees related to such debt, in-       gency     requirement  pursuant     to  section
                                              percent of the number of individuals employed           cluding for loans from the Department of Trans-         251(b)(2)(A)(i) of the Balanced Budget and
                                              (after making adjustments for retirements or vol-       portation and loans that would otherwise have           Emergency Deficit Control Act of 1985.
                                              untary employee separations) by each airport as         been paid from National Railroad Passenger                     FEDERAL TRANSIT ADMINISTRATION
                                              of March 27, 2020: Provided further, That the           Corporation revenues: Provided further, That
                                                                                                      the Secretary may retain up to $4,890,000 of the                TRANSIT INFRASTRUCTURE GRANTS
                                              Secretary may waive the workforce retention re-
                                              quirement in the previous proviso, if the Sec-          amounts made available under both this head-               For an additional amount for ‘‘Transit Infra-
                                              retary determines the airport is experiencing           ing in this Act and the ‘‘National Network              structure Grants’’, $32,000,000,000, to remain
                                              economic hardship as a direct result of the re-         Grants to the National Railroad Passenger Cor-          available until expended, to prevent, prepare
                                              quirement, or the requirement reduces aviation          poration’’ heading in this Act to fund the costs        for, and respond to coronavirus: Provided, That
                                              safety or security: Provided further, That the          of project management and oversight of activi-          of the amounts appropriated under this heading
                                              workforce retention requirement shall not apply         ties authorized by section 11101(c) of the Fixing       in this Act—
                                              to nonhub airports or nonprimary airports re-           America’s Surface Transportation Act (division             (1) $18,500,000,000 shall be for grants to recipi-
                                              ceiving funds under this heading in this Act:           A of Public Law 114–94): Provided further, That         ents eligible under chapter 53 of title 49, United
                                              Provided further, That amounts repurposed by            $1,000,000 of the amounts made available under          States Code, and administered as if such funds
                                              the provisions under this heading in this Act           both this heading in this Act and the ‘‘National        were provided under section 5307 of title 49,
                                              that were previously designated by the Congress         Network Grants to the National Railroad Pas-            United States Code (apportioned in accordance
                                              as an emergency requirement pursuant to the             senger Corporation’’ heading in this Act shall be       with section 5336 of such title (other than sub-
                                              Balanced Budget and Emergency Deficit Con-              transferred to ‘‘National Railroad Passenger            sections (h)(1) and (h)(4))), and section 5337 of
                                              trol Act of 1985 are designated by the Congress         Corporation—Office of Inspector General—Sala-           title 49, United States Code (apportioned in ac-
                                              as an emergency requirement pursuant to sec-            ries and Expenses’’ for conducting audits and           cordance with such section), except that funds
                                              tion 251(b)(2)(A)(i) of the Balanced Budget and         investigations of projects and activities carried       apportioned under section 5337 shall be added to
                                              Emergency Deficit Control Act of 1985: Provided         out with amounts made available in this Act             funds apportioned under 5307 for administration
                                              further, That such amount is designated by the          and in title XII of division B of the Coronavirus       under 5307: Provided, That the Secretary shall
                                              Congress as being for an emergency requirement          Aid, Relief, and Economic Security Act (Public          allocate the amounts provided in the preceding
                                              pursuant to section 251(b)(2)(A)(i) of the Bal-         Law 116–136) under the headings ‘‘Northeast             proviso under sections 5307 and 5337 of title 49,
                                              anced Budget and Emergency Deficit Control              Corridor Grants to the National Railroad Pas-           United States Code, in the same ratio as funds
                                              Act of 1985.                                            senger Corporation’’ and ‘‘National Network             were provided under Public Law 116–94 and
                                                      FEDERAL MOTOR CARRIER SAFETY                    Grants to the National Railroad Passenger Cor-          shall allocate such amounts not later than 14
                                                               ADMINISTRATION                         poration’’: Provided further, That amounts              days after enactment of this Act: Provided fur-
                                                                                                      made available under this heading in this Act           ther, That the amounts allocated to any urban-
                                                  MOTOR CARRIER SAFETY OPERATIONS AND
                                                                                                      may be transferred to and merged with ‘‘Na-             ized area from amounts made available under
                                                               PROGRAMS
                                                                                                      tional Network Grants to the National Railroad          this heading in this Act when combined with the
                                                Of prior year unobligated contract authority          Passenger Corporation’’ to prevent, prepare for,        amounts allocated to each such urbanized area
                                              and liquidating cash provided for Motor Carrier         and respond to coronavirus: Provided further,           from funds appropriated under this heading in
                                              Safety in the Transportation Equity Act for the         That such amount is designated by the Congress          title XIII of division B of the CARES Act (Pub-
                                              21st Century (Public Law 105–178), SAFETEA–             as being for an emergency requirement pursuant          lic Law 116–136) may not exceed more than 100
                                              LU (Public Law 109–59), or other appropriations         to section 251(b)(2)(A)(i) of the Balanced Budget       percent of any recipient’s 2018 operating costs
                                              or authorization acts, in addition to amounts al-       and Emergency Deficit Control Act of 1985.              based on data contained in the National Transit
                                              ready appropriated in fiscal year 2020 for                   NATIONAL NETWORK GRANTS TO THE NATIONAL            Database: Provided further, That for any ur-
                                              ‘‘Motor Carrier Safety Operations and Pro-                       RAILROAD PASSENGER CORPORATION                 banized area for which the calculation in the
                                              grams’’, $238,500 in additional obligation limita-
                                                                                                                (INCLUDING TRANSFER OF FUNDS)                 previous proviso exceeds 100 percent of the ur-
                                              tion is provided and repurposed for obligations
                                                                                                        For an additional amount for ‘‘National Net-          banized area’s 2018 operating costs, the Sec-
                                              incurred to support activities to prevent, prepare
                                                                                                      work Grants to the National Railroad Passenger          retary shall distribute funds in excess of such
                                              for, and respond to coronavirus: Provided, That
                                                                                                      Corporation’’, $1,007,915,000, to remain available      percent to urbanized areas for which the cal-
                                              such amount is designated by the Congress as
                                                                                                      until expended, to prevent, prepare for, and re-        culation in the previous proviso does not exceed
                                              being for an emergency requirement pursuant to
                                                                                                      spond to coronavirus, including to enable the           100 percent in the same proportion as amounts
                                              section 251(b)(2)(A)(i) of the Balanced Budget
                                                                                                      Secretary of Transportation to make or amend            allocated under the first proviso of this para-
                                              and Emergency Deficit Control Act of 1985.
                                                                                                      existing grants to the National Railroad Pas-           graph;
                                                    FEDERAL RAILROAD ADMINISTRATION                                                                              (2) $2,500,000,000 shall be for grants under sec-
                                                                                                      senger Corporation for activities associated with
                                              NORTHEAST CORRIDOR GRANTS TO THE NATIONAL                                                                       tion 5309 of title 49, United States Code: Pro-
                                                                                                      the National Network as authorized by section
                                                   RAILROAD PASSENGER CORPORATION                                                                             vided, That of the amounts provided under this
                                                                                                      11101(b) of the Fixing America’s Surface Trans-
                                                      (INCLUDING TRANSFER OF FUNDS)                   portation Act (division A of Public Law 114–94):        paragraph—
                                                For an additional amount for ‘‘Northeast Cor-         Provided, That not less than $349,700,000 of the           (A) $1,950,000,000 shall be for grants to recipi-
                                              ridor Grants to the National Railroad Passenger         amounts made available under this heading in            ents that received an allocation under section
                                              Corporation’’, $1,392,085,000, to remain available      this Act shall be made available for use by the         5309 of title 49, United States Code, for fiscal
                                              until expended, to prevent, prepare for, and re-        National Railroad Passenger Corporation to be           year 2019 or fiscal year 2020 as of the date of en-
                                              spond to coronavirus, including to enable the           apportioned toward State payments required by           actment of this Act: Provided, That the Sec-
                                              Secretary of Transportation to make or amend            the cost methodology policy adopted pursuant            retary shall calculate each recipient’s non-Cap-
                                              existing grants to the National Railroad Pas-           to section 209 of the Passenger Rail Investment         ital Investment Grant financial commitment for
                                              senger Corporation for activities associated with       and Improvement Act of 2008 (Public Law 110–            fiscal years 2019 and 2020 as a percentage of the
                                              the Northeast Corridor, as authorized by section        432): Provided further, That a State-supported          non-Capital Investment Grant financial commit-
                                              11101(a) of the Fixing America’s Surface Trans-         route’s share of such funding under the pre-            ments of all projects for such fiscal years and
                                              portation Act (division A of Public Law 114–94):        ceding proviso shall consist of (1) 7 percent of        shall proportionally allocate such funds within
                                              Provided, That not less than $219,610,000 of the        the costs allocated to the route in fiscal year         14 days of enactment of this Act: Provided fur-
                                              amounts made available under this heading in            2019 under the cost methodology policy adopted          ther, That any recipient with a project open for
                                              this Act and the ‘‘National Network Grants to           pursuant to section 209 of the Passenger Rail           revenue service for which they received a con-
                                              the National Railroad Passenger Corporation’’           Investment and Improvement Act of 2008 (Public          struction grant agreement are not eligible for
                                              heading in this Act shall be made available for         Law 110–432), and (2) any remaining amounts             funds provided under this paragraph; and
                                              use by the National Railroad Passenger Cor-             under the preceding proviso shall be appor-                (B) $400,000,000 shall be for grants to recipi-
                                              poration in lieu of capital payments from States        tioned to a route in proportion to its passenger        ents that receive an allocation of fiscal year
                                              and commuter rail passenger transportation pro-         revenue and other revenue allocated to a State-         2019 or fiscal year 2020 funds after the date of
                                              viders subject to the cost allocation policy devel-     supported route in fiscal year 2019 divided by          enactment of this Act under section 5309 of title
                                              oped pursuant to section 24905(c) of title 49,          the total passenger revenue and other revenue           49, United States Code: Provided, That such




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                                              United States Code: Provided further, That,             allocated to all State-supported routes in fiscal       grants shall be allocated to such recipients in
                                              notwithstanding       sections     24319(g)    and      year 2019: Provided further, That State-sup-            proportion to the allocation of fiscal year 2019
                                              24905(c)(1)(A)(i) of title 49, United States Code,      ported routes which terminated service on or be-        or fiscal 2020 funds provided to all projects allo-
                                              such use of funds does not constitute cross-sub-        fore February 1, 2020, shall not be included in         cated funding after the date of enactment of
                                              sidization of commuter rail passenger transpor-         the cost and revenue calculations made pursu-           this Act; and
                                              tation: Provided further, That not more than            ant to the preceding proviso: Provided further,            (C) no more than $150,000,000 for any recipient
                                              $91,800,000 of the amounts made available under         That amounts made available under this head-            of a grant under section 5309(h) of title 49,
                                              this heading in this Act shall be made available        ing in this Act may be transferred to and merged        United States Code, that may need additional




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                                              H5236                                              CONGRESSIONAL RECORD — HOUSE                                                           October 1, 2020
                                              assistance in completing a project that has re-          penses from the funds appropriated in para-            available under this heading in this Act, except
                                              ceived a grant agreement and shall issue a No-           graph (1) combined with the funds appropriated         that the Federal share of the costs for which
                                              tice of Funding Opportunity for amounts made             under this heading in title XII of division B of       any grant is made under this heading in this
                                              available for projects eligible under section            the CARES Act (Public Law 116–136), and tran-          Act shall be, at the option of the recipient, up
                                              5309(h) of title 49, United States Code, not later       sit agencies with the largest revenue loss as a        to 100 percent: Provided further, That the
                                              than 120 days after the date of enactment of this        percentage of the agency’s 2018 operating ex-          amount made available under this heading in
                                              Act:                                                     penses: Provided further, That States may apply        this Act shall be derived from the general fund
                                              Provided further, That if amounts remain avail-          on behalf of a recipient, a subrecipient, or a         and shall not be subject to any limitation on ob-
                                              able after distributing funds under this para-           group of recipients or subrecipients: Provided         ligations for transit programs set forth in any
                                              graph, such amounts shall be added to the                further, That if applications for assistance do        Act: Provided further, That not more than one-
                                              amounts made available under paragraph (5)               not exceed available funds, the Secretary shall        half of one percent of the funds for transit in-
                                              under this heading: Provided further, That               reserve the remaining amounts for grantees to          frastructure grants, but not to exceed
                                              amounts made available under this paragraph              prevent, prepare for, and respond to coronavirus       $125,000,000, provided under this heading in this
                                              shall not be included in any calculation of the          and shall accept applications on a rolling basis:      Act shall be available for administrative ex-
                                              maximum amount of Federal financial assist-              Provided further, That if amounts made avail-          penses and ongoing program management over-
                                              ance      for    the    project     under     section    able under this paragraph remain unobligated           sight as authorized under sections 5334 and
                                              5309(k)(2)(C)(ii) or 5309(h)(7) of title 49, United      on December 31, 2021, such amounts shall be            5338(f)(2) of title 49, United States Code, and
                                              States Code nor should they be subject to provi-         available for any purpose eligible under section       shall be in addition to any other appropriations
                                              sions in sections 5309(a)(7)(A) or 5309(l)(1)(B)(ii)     5324 of title 49, United States Code:                  for such purpose: Provided further, That such
                                              of such title;                                           Provided further, That the Secretary shall not         amount is designated by the Congress as being
                                                 (3) $250,000,000 shall be for grants to recipients    waive the requirements of section 5333 of title 49,    for an emergency requirement pursuant to sec-
                                              or subrecipients eligible under section 5310 of          United States Code, for funds appropriated             tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              title 49, United States Code, and the Secretary          under this heading in this Act or for funds pre-       Emergency Deficit Control Act of 1985.
                                              of Transportation shall apportion such funds in          viously made available under section 5307 of
                                              accordance with such section: Provided, That             title 49, United States Code, or sections 5310,             SAINT LAWRENCE SEAWAY DEVELOPMENT
                                              the Secretary shall allocate such funds in the           5311, 5337, or 5340 of such title as a result of the                      CORPORATION
                                              same ratio as funds were provided in Public              coronavirus: Provided further, That the provi-                  OPERATIONS AND MAINTENANCE
                                              Law 116–94 and shall allocate such funds not             sion of funds under this heading in this Act                 (HARBOR MAINTENANCE TRUST FUND)
                                              later than 14 days after the date of enactment of        shall not affect the ability of any other agency         For necessary expenses to conduct the oper-
                                              this Act;                                                of the Government, including the Federal Emer-         ations, maintenance, and capital infrastructure
                                                 (4) $750,000,000 shall be for grants to recipients    gency Management Agency, a State agency, or            activities of the Seaway International Bridge,
                                              or subrecipients eligible under section 5311 of          a local governmental entity, organization, or          $1,500,000, to be derived from the Harbor Main-
                                              title 49, United States Code (other than sub-            person, to provide any other funds otherwise           tenance Trust Fund pursuant to section 210 of
                                              section (b)(3) and (c)(1)(A)), and the Secretary         authorized by law: Provided further, That not-         the Water Resources Development Act of 1986
                                              of Transportation shall apportion such funds in          withstanding subsection (a)(1) or (b) of section       (33 U.S.C. 2238), to prevent, prepare for, and re-
                                              accordance with such section: Provided, That             5307 of title 49, United States Code, subsection       spond to coronavirus: Provided, That such
                                              the Secretary shall allocate these amounts in            (a)(1) of section 5324 of such title, or any provi-    amount is designated by the Congress as being
                                              the same ratio as funds were provided in Public          sion of chapter 53 of title 49, funds provided         for an emergency requirement pursuant to sec-
                                              Law 116–94 and shall allocate funds within 14            under this heading in this Act are available for       tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              days of enactment of this Act; and                       the operating expenses of transit agencies re-         Emergency Deficit Control Act of 1985.
                                                 (5) $10,000,000,000 shall be for grants to eligible   lated to the response to a coronavirus public
                                              recipients or subrecipients of funds under chap-                                                                          OFFICE OF INSPECTOR GENERAL
                                                                                                       health emergency, including, beginning on Jan-
                                              ter 53 of title 49, United States Code, that, as a       uary 20, 2020, reimbursement for operating costs                    SALARIES AND EXPENSES
                                              result of coronavirus, require additional assist-        to maintain service and lost revenue due to the          For an additional amount for ‘‘Office of In-
                                              ance to maintain operations: Provided, That              coronavirus public health emergency, including         spector General’’, $5,000,000, to remain available
                                              such funds shall be administered as if they were         the purchase of personal protective equipment,         until expended, to prevent, prepare for, and re-
                                              provided under section 5324 of title 49, United          and paying the administrative leave of oper-           spond to coronavirus: Provided, That the fund-
                                              States Code: Provided further, That any recipi-          ations or contractor personnel due to reductions       ing made available under this heading in this
                                              ent or subrecipient of funds under chapter 53 of         in service: Provided further, That to the max-         Act shall be used for conducting audits and in-
                                              title 49, United States Code, or an intercity bus        imum extent possible, funds made available             vestigations of projects and activities carried out
                                              service provider that has, since October 1, 2018,        under this heading in this Act and in title XII        by the Department of Transportation to prevent,
                                              partnered with a recipient or subrecipient in            of division B of the CARES Act (Public Law             prepare for, and respond to coronavirus: Pro-
                                              order to meet the requirements of section 5311(f)        116–136) shall be directed to payroll and public       vided further, That such amount is designated
                                              of such title shall be eligible to directly apply for    transit, unless the recipient certifies to the Sec-    by the Congress as being for an emergency re-
                                              funds under this paragraph: Provided further,            retary that the recipient has not furloughed any       quirement pursuant to section 251(b)(2)(A)(i) of
                                              That entities that have partnered with a recipi-         employees: Provided further, That such oper-           the Balanced Budget and Emergency Deficit
                                              ent or subrecipient in order to meet the require-        ating expenses are not required to be included in      Control Act of 1985.
                                              ments of section 5311(f) of such title shall be eli-     a transportation improvement program, long-              DEPARTMENT OF HOUSING AND URBAN
                                              gible to receive not more than 7.5 percent of the        range transportation plan, statewide transpor-                         DEVELOPMENT
                                              total funds provided under this paragraph and            tation plan, or a statewide transportation im-                   PUBLIC AND INDIAN HOUSING
                                              shall use assistance provided under this para-           provement program: Provided further, That
                                                                                                                                                                      TENANT-BASED RENTAL ASSISTANCE
                                              graph only for workforce retention or the recall         grants made under this heading in this Act and
                                              or rehire of any laid off, furloughed, or termi-         in title XII of division B of the CARES Act                    (INCLUDING TRANSFER OF FUNDS)
                                              nated employee associated with the provision of          (Public Law 116–136) to recipients or subrecipi-         For an additional amount for ‘‘Tenant-Based
                                              intercity bus service including, but not limited         ents may be used to make payments to contrac-          Rental Assistance’’, $4,000,000,000, to remain
                                              to, service eligible for funding under section           tors providing transit operations service or           available until expended, and to be used under
                                              5311(f) of title 49, United States Code: Provided        maintenance of rolling stock, right of way and/        the same authority and conditions as the addi-
                                              further, That when evaluating applications of            or stations at pre-COVID-19 service billing levels     tional appropriations for fiscal year 2020 under
                                              intercity bus service assistance, the Secretary          in such amounts as existed on February 3, 2020,        this heading in title XII of division B of the
                                              shall give priority to preserving national and re-       even if such service was reduced due to the            CARES Act (Public Law 116–136), except that
                                              gional intercity bus networks and the rural              COVID-19 public health emergency: Provided             any amounts provided for administrative ex-
                                              services that make meaningful connections to             further, That the preceding proviso may only           penses and other expenses of public housing
                                              those networks: Provided further, That the Sec-          apply if a contractor continuously retains its         agencies for their section 8 programs, including
                                              retary shall issue a Notice of Funding Oppor-            full and part-time workforce at their previous         Mainstream vouchers, under this heading in the
                                              tunity not later than 120 days after the date of         full or part-time status, and/or, where applica-       CARES Act (Public Law 116–136) and under this
                                              enactment of this Act that requires applications         ble, beginning on the date that employees of the       heading in this Act shall also be available for
                                              to be submitted not later than 180 days after the        contractor are able to return to work at their         Housing Assistance Payments under section 8(o)
                                              date of enactment of this Act: Provided further,         previous full or part-time status that it laid off,    of the United States Housing Act of 1937 (42
                                              That the Secretary shall make awards not later           furloughed or terminated as a result of the            U.S.C. 1437f(o)): Provided, That amounts made
                                              than 60 days after the application deadline:             COVID-19 public health emergency, or its ef-           available under this heading in this Act and




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                                              Provided further, That the Secretary shall re-           fects, under the terms of any applicable collec-       under the same heading in title XII of division
                                              quire grantees to provide estimates of financial         tive bargaining agreement: Provided further,           B of the CARES Act may be used to cover or re-
                                              need, data on reduced ridership, and a spending          That private providers of public transportation        imburse allowable costs incurred to prevent, pre-
                                              plan for funds: Provided further, That when              may be considered eligible sub-recipients of           pare for, and respond to coronavirus regardless
                                              evaluating applications for assistance to transit        funding provided under this heading: Provided          of the date on which such costs were incurred:
                                              agencies, the Secretary shall give priority to           further, That unless otherwise specified, appli-       Provided further, That of the amounts made
                                              agencies in urbanized areas that received less           cable requirements under chapter 53 of title 49,       available under this heading in this Act,
                                              than 100 percent of their 2018 operating ex-             United States Code, shall apply to funding made        $500,000,000 shall be available for administrative




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                       H5237
                                              expenses and other expenses of public housing           That amounts made available under this head-           Provided, That amounts provided under this
                                              agencies for their section 8 programs, including        ing in this Act and under the same heading in          heading in this Act that are allocated pursuant
                                              Mainstream vouchers: Provided further, That of          title XII of division B of the CARES Act may be        to section 854(c)(5) of the AIDS Housing Oppor-
                                              the amounts made available under this heading           used to cover or reimburse allowable costs in-         tunity Act (42 U.S.C. 12901 et seq.) shall remain
                                              in this Act, $2,500,000,000 shall be available for      curred to prevent, prepare for, and respond to         available until September 30, 2022: Provided fur-
                                              adjustments in the calendar year 2020 or 2021           coronavirus regardless of the date on which            ther, That not less than $15,000,000 of the
                                              section 8 renewal funding allocations, including        such costs were incurred: Provided further,            amount provided under this heading in this Act
                                              Mainstream vouchers, for public housing agen-           That up to 0.5 percent of the amounts made             shall be allocated pursuant to the formula in
                                              cies that experience a significant increase in          available under this heading in this Act may be        section 854 of such Act using the same data ele-
                                              voucher per-unit costs due to extraordinary cir-        transferred, in aggregate, to ‘‘Department of          ments as utilized pursuant to that same formula
                                              cumstances or that, despite taking reasonable           Housing and Urban Development, Program Of-             in fiscal year 2020: Provided further, That up to
                                              cost savings measures, as determined by the Sec-        fices—Public and Indian Housing’’ to supple-           0.5 percent of the amounts made available under
                                              retary, would otherwise be required to terminate        ment existing resources for the necessary costs        this heading in this Act may be transferred to
                                              rental assistance for families as a result of in-       of administering and overseeing the obligation         ‘‘Department of Housing and Urban Develop-
                                              sufficient funding: Provided further, That of the       and expenditure of these amounts, to remain            ment—Program Offices—Community Planning
                                              amounts made available under this heading in            available until September 30, 2024: Provided fur-      and Development’’ for necessary costs of admin-
                                              this Act, $1,000,000,000 shall be used for incre-       ther, That such amount is designated by the            istering and overseeing the obligation and ex-
                                              mental rental voucher assistance under section          Congress as being for an emergency requirement         penditure of amounts under this heading in this
                                              8(o) of the United States Housing Act of 1937 for       pursuant to section 251(b)(2)(A)(i) of the Bal-        Act, to remain available until September 30,
                                              use by individuals and families who are—home-           anced Budget and Emergency Deficit Control             2030: Provided further, That such amount is
                                              less, as defined under section 103(a) of the            Act of 1985.                                           designated by the Congress as being for an
                                              McKinney-Vento Homeless Assistance Act (42                         NATIVE AMERICAN PROGRAMS                    emergency requirement pursuant to section
                                              U.S.C. 11302(a)); at risk of homelessness, as de-                                                              251(b)(2)(A)(i) of the Balanced Budget and
                                                                                                               (INCLUDING TRANSFER OF FUNDS)
                                              fined under section 401(1) of the McKinney-                                                                    Emergency Deficit Control Act of 1985.
                                              Vento Homeless Assistance Act (42 U.S.C.                   For an additional amount for ‘‘Native Amer-
                                                                                                                                                                      COMMUNITY DEVELOPMENT FUND
                                              11360(1)); or fleeing, or attempting to flee, do-       ican Programs’’, $400,000,000, to remain avail-
                                                                                                      able until September 30, 2024, and to be used                   (INCLUDING TRANSFER OF FUNDS)
                                              mestic violence, dating violence, sexual assault,
                                              or stalking: Provided further, That the Sec-            under the same authority and conditions as the            For an additional amount for ‘‘Community
                                              retary shall allocate amounts made available in         additional appropriations for fiscal year 2020         Development Fund’’, $5,000,000,000, to remain
                                              the preceding proviso to public housing agencies        under this heading in title XII of division B of       available until September 30, 2023, and to be
                                              not later than 60 days after the date of enact-         the Coronavirus Aid, Relief, and Economic Se-          used under the same authority and conditions
                                              ment of this Act, according to a formula that           curity Act (Public Law 116–136): Provided, That        as the additional appropriations for fiscal year
                                              considers the ability of the public housing agen-       the amounts made available under this heading          2020 under this heading in title XII of division
                                              cy to use vouchers promptly and the need of             in this Act are as follows:                            B of the CARES Act (Public Law 116–136): Pro-
                                              geographical areas based on factors to be deter-           (1) Up to $150,000,000 shall be available for the   vided, That such amount made available under
                                              mined by the Secretary, such as risk of trans-          Native American Housing Block Grants pro-              this heading in this Act shall be distributed pur-
                                              mission of coronavirus, high numbers or rates of        gram, as authorized under title I of the Native        suant to section 106 of the Housing and Commu-
                                              sheltered and unsheltered homelessness, and             American Housing Assistance and Self-Deter-            nity Development Act of 1974 (42 U.S.C. 5306) to
                                              economic and housing market conditions: Pro-            mination Act of 1996 (25 U.S.C. 4111 et seq.); and     grantees that received allocations pursuant to
                                              vided further, That if a public housing author-            (2) Not less than $250,000,000 shall be available   such formula in fiscal year 2020, and that such
                                              ity elects not to administer or does not promptly       for grants to Indian tribes under the Indian           allocations shall be made within 30 days of en-
                                              issue all of its authorized vouchers within a rea-      Community Development Block Grant program              actment of this Act: Provided further, That in
                                              sonable period of time, the Secretary shall re-         under title I of the Housing and Community De-         administering funds under this heading, an
                                              allocate any unissued vouchers and associated           velopment Act of 1974 (42 U.S.C. 5306(a)(1)), not-     urban county shall consider needs throughout
                                              funds to other public housing agencies accord-          withstanding section 106(a)(1) of such Act, for        the entire urban county configuration to pre-
                                              ing to the criteria in the preceding proviso: Pro-      emergencies that constitute imminent threats to        vent, prepare for, and respond to coronavirus:
                                              vided further, That a public housing agency             health and safety:                                     Provided further, That up to $100,000,000 of
                                              shall not reissue any vouchers under this head-         Provided further, That amounts made available          amounts made available under this heading in
                                              ing in this Act for incremental rental voucher          under paragraph (1) under this heading in title        this Act may be used to make new awards or in-
                                              assistance when assistance for the family ini-          XII of division B of the Coronavirus Aid, Relief,      crease prior awards to existing technical assist-
                                              tially assisted is terminated: Provided further,        and Economic Security Act (Public Law 116–136)         ance providers: Provided further, That of the
                                              That upon termination of incremental rental             which are allocated to Indian tribes or tribally       amounts made available under this heading in
                                              voucher assistance under this heading in this           designated housing entities, and which are not         this Act, up to $25,000,000 may be transferred to
                                              Act for one or more families assisted by a public       accepted, are voluntarily returned, or otherwise       ‘‘Department of Housing and Urban Develop-
                                              housing agency, the Secretary shall reallocate          recaptured for any reason, may be used by the          ment, Program Offices—Community Planning
                                              amounts that are no longer needed by such pub-          Secretary to make awards under paragraph (2)           and Development’’ for necessary costs of admin-
                                              lic housing agency for assistance under this            under this heading in title XII of division B of       istering and overseeing the obligation and ex-
                                              heading in this Act to another public housing           the Coronavirus Aid, Relief, and Economic Se-          penditure of amounts under this heading in this
                                              agency for the renewal of vouchers previously           curity Act (Public Law 116–136), in addition to        Act, to remain available until September 30,
                                              authorized under this heading in this Act: Pro-         amounts otherwise available for such purposes:         2028: Provided further, That such amount is
                                              vided further, That amounts made available in           Provided further, That up to one-half of 1 per-        designated by the Congress as being for an
                                              this paragraph are in addition to any other             cent of the amounts made available under this          emergency requirement pursuant to section
                                              amounts made available for such purposes: Pro-          heading in this Act may be transferred, in ag-         251(b)(2)(A)(i) of the Balanced Budget and
                                              vided further, That up to 0.5 percent of the            gregate, to ‘‘Department of Housing and Urban          Emergency Deficit Control Act of 1985.
                                              amounts made available under this heading in            Development, Program Offices—Public and In-                      HOMELESS ASSISTANCE GRANTS
                                              this Act may be transferred, in aggregate, to           dian Housing’’ for necessary costs of admin-
                                                                                                                                                                      (INCLUDING TRANSFER OF FUNDS)
                                              ‘‘Department of Housing and Urban Develop-              istering and overseeing the obligation and ex-
                                                                                                      penditure of such amounts and of amounts                 For an additional amount for ‘‘Homeless As-
                                              ment, Program Offices—Public and Indian
                                                                                                      made available under this heading in title XII of      sistance Grants’’, $5,000,000,000, to remain avail-
                                              Housing’’ to supplement existing resources for
                                                                                                      division B of the Coronavirus Aid, Relief, and         able until September 30, 2025, for the Emergency
                                              the necessary costs of administering and over-
                                                                                                      Economic Security Act (Public Law 116–136), to         Solutions Grants program as authorized under
                                              seeing the obligation and expenditure of these
                                                                                                      remain available until September 30, 2029, in ad-      subtitle B of title IV of the McKinney-Vento
                                              amounts, to remain available until September
                                                                                                      dition to any other amounts made available for         Homeless Assistance Act (42 U.S.C. 11371 et
                                              30, 2024: Provided further, That such amount is
                                                                                                      such purposes: Provided further, That such             seq.), as amended, and to be used under the
                                              designated by the Congress as being for an
                                                                                                      amount is designated by the Congress as being          same authority and conditions as the additional
                                              emergency requirement pursuant to section
                                                                                                      for an emergency requirement pursuant to sec-          appropriations for fiscal year 2020 under this
                                              251(b)(2)(A)(i) of the Balanced Budget and
                                                                                                      tion 251(b)(2)(A)(i) of the Balanced Budget and        heading in title XII of division B of the CARES
                                              Emergency Deficit Control Act of 1985.
                                                                                                      Emergency Deficit Control Act of 1985.                 Act (Public Law 116–136): Provided, That
                                                      PUBLIC HOUSING OPERATING FUND                                                                          $3,000,000,000 of the amount made available
                                                                                                           COMMUNITY PLANNING AND DEVELOPMENT
                                                      (INCLUDING TRANSFER OF FUNDS)                                                                          under this heading in this Act shall be distrib-




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                                                                                                       HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
                                                For an additional amount for ‘‘Public Hous-                                                                  uted pursuant to 24 CFR 576.3 to grantees that
                                              ing Operating Fund’’, as authorized by section                   (INCLUDING TRANSFER OF FUNDS)                 received allocations pursuant to that same for-
                                              9(e) of the United States Housing Act of 1937 (42         For an additional amount for ‘‘Housing Op-           mula in fiscal year 2020, and that such alloca-
                                              U.S.C. 1437g(e)), $2,000,000,000, to be used under      portunities for Persons with AIDS’’, $65,000,000,      tions shall be made within 30 days of enactment
                                              the same authority and conditions as the addi-          to be used under the same authority and condi-         of this Act: Provided further, That, in addition
                                              tional appropriations for fiscal year 2020 under        tions as the additional appropriations for fiscal      to amounts allocated in the preceding proviso,
                                              this heading in title XII of division B of the          year 2020 under this heading in title XII of divi-     remaining amounts shall be allocated directly to
                                              CARES Act (Public Law 116–136): Provided,               sion B of the CARES Act (Public Law 116–136):          a State or unit of general local government by




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                                              H5238                                              CONGRESSIONAL RECORD — HOUSE                                                          October 1, 2020
                                              the formula specified in the third proviso under        this heading in title XII of division B of the         main available until September 30, 2030: Pro-
                                              this heading in title XII of division B of the          CARES Act (Public Law 116–136): Provided,              vided further, That such amount is designated
                                              CARES Act (Public Law 116–136): Provided fur-           That notwithstanding the first proviso under           by the Congress as being for an emergency re-
                                              ther, That not later than 90 days after the date        this heading in the CARES Act, $300,000,000 of         quirement pursuant to section 251(b)(2)(A)(i) of
                                              of enactment of this Act and every 60 days              the amount made available under this heading           the Balanced Budget and Emergency Deficit
                                              thereafter, the Secretary shall allocate a min-         in this Act shall be for one-time grants for serv-     Control Act of 1985.
                                              imum of an additional $500,000,000, pursuant to         ice coordinators, as authorized under section 676               OFFICE OF INSPECTOR GENERAL
                                              the formula referred to in the preceding proviso,       of the Housing and Community Development                 For an additional amount for ‘‘Office of In-
                                              based on the best available data: Provided fur-         Act of 1992 (42 U.S.C. 13632), and the continu-        spector General’’, $5,000,000, to remain available
                                              ther, That up to 0.5 percent of the amounts             ation of existing congregate service grants for        until expended, to prevent, prepare for, and re-
                                              made available under this heading in this Act           residents of assisted housing projects: Provided       spond to coronavirus: Provided, That the fund-
                                              may be transferred to ‘‘Department of Housing           further, That up to 0.5 percent of the amounts         ing made available under this heading in this
                                              and Urban Development—Program Offices—                  made available under this heading in this Act          Act shall be used for conducting audits and in-
                                              Community Planning and Development’’ for                may be transferred to ‘‘Department of Housing          vestigations of projects and activities carried by
                                              necessary costs of administering and overseeing         and Urban Development—Program Offices—Of-              the Department of Housing and Urban Develop-
                                              the obligation and expenditure of amounts               fice of Housing’’ for necessary costs of admin-        ment to prevent, prepare for, and respond to
                                              under this heading in this Act, to remain avail-        istering and overseeing the obligation and ex-         coronavirus: Provided further, That such
                                              able until September 30, 2030: Provided further,        penditure of amounts under this heading in this        amount is designated by the Congress as being
                                              That funds made available under this heading            Act, to remain available until September 30,           for an emergency requirement pursuant to sec-
                                              in this Act and under this heading in title XII         2030: Provided further, That such amount is            tion 251(b)(2)(A)(i) of the Balanced Budget and
                                              of division B of the CARES Act (Public Law              designated by the Congress as being for an             Emergency Deficit Control Act of 1985.
                                              116–136) may be used for eligible activities the        emergency requirement pursuant to section                             RELATED AGENCY
                                              Secretary determines to be critical in order to as-     251(b)(2)(A)(i) of the Balanced Budget and
                                                                                                                                                               NEIGHBORHOOD REINVESTMENT CORPORATION
                                              sist survivors of domestic violence, sexual as-         Emergency Deficit Control Act of 1985.
                                                                                                                                                              PAYMENT TO THE NEIGHBORHOOD REINVESTMENT
                                              sault, dating violence, and stalking or to assist            HOUSING FOR PERSONS WITH DISABILITIES
                                                                                                                                                                             CORPORATION
                                              homeless youth, age 24 and under: Provided fur-                  (INCLUDING TRANSFER OF FUNDS)
                                              ther, That a grantee, when contracting with                                                                       For an additional amount for ‘‘Payment to
                                                                                                         For an additional amount for ‘‘Housing for          the Neighborhood Reinvestment Corporation’’,
                                              service providers engaged directly in the provi-
                                                                                                      Persons with Disabilities’’, $45,000,000, to remain    $100,000,000, to remain available until expended,
                                              sion of services to homeless persons served by
                                                                                                      available until September 30, 2023, and to be          to the Neighborhood Reinvestment Corporation
                                              the program, shall, to the extent practicable,
                                                                                                      used under the same authority and conditions           (‘‘NRC’’) for housing counseling for households
                                              enter into contracts in amounts that cover the
                                                                                                      as the additional appropriations for fiscal year       threatened with housing instability due to the
                                              actual total program costs and administrative
                                                                                                      2020 under this heading in title XII of division       economic circumstances caused by the COVID-
                                              overhead to provide the services contracted: Pro-
                                                                                                      B of the CARES Act (Public Law 116–136): Pro-          19 pandemic, under the following terms and con-
                                              vided further, That amounts repurposed by this
                                                                                                      vided, That up to 0.5 percent of the amounts           ditions:
                                              paragraph that were previously designated by
                                                                                                      made available under this heading in this Act             (1) The NRC shall make grants to counseling
                                              the Congress as an emergency requirement pur-
                                                                                                      may be transferred to ‘‘Department of Housing          intermediaries approved by the Department of
                                              suant to the Balanced Budget and Emergency
                                                                                                      and Urban Development—Program Offices—Of-              Housing and Urban Development (‘‘HUD’’) to
                                              Deficit Control Act of 1985 are designated by the
                                                                                                      fice of Housing’’ for necessary costs of admin-        provide housing counseling assistance to help
                                              Congress as an emergency requirement pursuant
                                                                                                      istering and overseeing the obligation and ex-         prevent and respond to the displacement of resi-
                                              to section 251(b)(2)(A)(i) of the Balanced Budget
                                                                                                      penditure of amounts under this heading in this        dents due to eviction, default of mortgages, or
                                              and Emergency Deficit Control Act of 1985: Pro-
                                                                                                      Act, to remain available until September 30,           foreclosure of mortgages (‘‘Housing Counseling
                                              vided further, That such amount is designated
                                                                                                      2030: Provided further, That such amount is            Assistance’’). State Housing Finance Agencies
                                              by the Congress as being for an emergency re-
                                                                                                      designated by the Congress as being for an             may also be eligible to receive grants where they
                                              quirement pursuant to section 251(b)(2)(A)(i) of
                                                                                                      emergency requirement pursuant to section              meet all the requirements under this heading.
                                              the Balanced Budget and Emergency Deficit
                                                                                                      251(b)(2)(A)(i) of the Balanced Budget and             NRC may target grants may to HUD-approved
                                              Control Act of 1985.
                                                                                                      Emergency Deficit Control Act of 1985.                 counseling intermediaries and State Housing Fi-
                                                       EMERGENCY RENTAL ASSISTANCE
                                                                                                           FAIR HOUSING AND EQUAL OPPORTUNITY                nance Agencies based on their ability to serve
                                                For activities and assistance authorized in                        FAIR HOUSING ACTIVITIES                   the most vulnerable communities, based on an
                                              section 201 of division O of this Act (the                                                                     analysis by the NRC of which areas are most
                                                                                                               (INCLUDING TRANSFER OF FUNDS)
                                              ‘‘COVID–19 HERO ACT’’), $50,000,000,000, to re-                                                                impacted by the economic circumstances caused
                                              main available until expended: Provided, That              For an additional amount for ‘‘Fair Housing         by the COVID-19 pandemic.
                                              such amount is designated by the Congress as            Activities’’, $14,000,000, to remain available until      (2) Housing Counseling Assistance shall be
                                              being for an emergency requirement pursuant to          September 30, 2022, and to be used under the           made available to consumers facing housing in-
                                              section 251(b)(2)(A)(i) of the Balanced Budget          same authority and conditions as the additional        stability (‘‘Housing Counseling Clients’’). Hous-
                                              and Emergency Deficit Control Act of 1985.              appropriations for fiscal year 2020 under this         ing Counseling Clients will be provided such as-
                                                                                                      heading in title XII of division B of the CARES        sistance that shall consist of activities that are
                                                             HOUSING PROGRAMS
                                                                                                      Act (Public Law 116–136): Provided, That of the        likely to prevent evictions or foreclosures, and
                                                     PROJECT-BASED RENTAL ASSISTANCE                  funds made available under this heading in this        result in the long-term affordability of the hous-
                                                      (INCLUDING TRANSFER OF FUNDS)                   Act, $4,000,000 shall be for Fair Housing Organi-      ing unit retained pursuant to such activity or
                                                For an additional amount for ‘‘Project-Based          zation Initiative grants through the Fair Hous-        another positive outcome for the Housing Coun-
                                              Rental Assistance’’, $750,000,000, to remain            ing Initiatives Program (FHIP), made available         seling Client. No funds made available under
                                              available until expended, and to be used under          to existing grantees, which may be used for fair       this heading may be provided directly to lend-
                                              the same authority and conditions as the addi-          housing activities and for technology and equip-       ers, to landlords, or to Housing Counseling Cli-
                                              tional appropriations for fiscal year 2020 under        ment needs to deliver services through use of the      ents to discharge outstanding rent or mortgage
                                              this heading in title XII of division B of the          Internet or other electronic or virtual means in       balances or for any other direct debt reduction
                                              CARES Act (Public Law 116–136): Provided,               response to the public health emergency related        payments.
                                              That up to 0.5 percent of the amounts made              to the Coronavirus Disease 2019 (COVID–19)                (3) Not less than 40 percent of grant funds
                                              available under this heading in this Act may be         pandemic: Provided further, That of the funds          made available under this heading shall be pro-
                                              transferred to ‘‘Department of Housing and              made available under this heading in this Act,         vided to counseling organizations that target
                                              Urban Development—Program Offices—Office of             $10,000,000 shall be for FHIP Education and            Housing Counseling Assistance to minority and
                                              Housing’’ for necessary costs of administering          Outreach grants made available to previously-          low-income homeowners, renters, individuals ex-
                                              and overseeing the obligation and expenditure           funded national media grantees and State and           periencing homelessness, and individuals at risk
                                              of amounts under this heading in this Act, to re-       local education and outreach grantees, to edu-         of homelessness or provide such services in
                                              main available until September 30, 2030: Pro-           cate the public and the housing industry about         neighborhoods with high concentrations of mi-
                                              vided further, That such amount is designated           fair housing rights and responsibilities during        nority and low-income homeowners, renters, in-
                                              by the Congress as being for an emergency re-           the COVID–19 pandemic: Provided further, That          dividuals experiencing homelessness, and indi-
                                              quirement pursuant to section 251(b)(2)(A)(i) of        such grants in the preceding proviso shall be di-      viduals at risk of homelessness.
                                              the Balanced Budget and Emergency Deficit               vided evenly between the national media cam-              (4) The delivery of Housing Counseling Assist-
                                              Control Act of 1985.                                    paign and education and outreach activities:           ance as provided under this heading shall in-




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                                                                                                      Provided further, That up to 0.5 percent of the        volve a reasonable analysis of the Housing
                                                         HOUSING FOR THE ELDERLY
                                                                                                      amounts made available under this heading in           Counseling Client’s financial situation, re-
                                                      (INCLUDING TRANSFER OF FUNDS)                   this Act may be transferred to ‘‘Department of         sources available to the Housing Counseling Cli-
                                                For an additional amount for ‘‘Housing for            Housing and Urban Development—Program Of-              ent, and advice on applicable laws or rules re-
                                              the Elderly’’, $500,000,000, to remain available        fices—Fair Housing and Equal Opportunity’’             garding eviction protections, mortgage forbear-
                                              until September 30, 2023, and to be used under          for necessary costs of administering and over-         ance, or foreclosure protection.
                                              the same authority and conditions as the addi-          seeing the obligation and expenditure of                  (5) NRC may provide up to 15 percent of the
                                              tional appropriations for fiscal year 2020 under        amounts under this heading in this Act, to re-         Housing Counseling Assistance grant funds




                                        VerDate Sep 11 2014   08:11 Oct 02, 2020   Jkt 019060   PO 00000   Frm 00130   Fmt 4634   Sfmt 6333   E:\CR\FM\A01OC7.002   H01OCPT1
                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                       H5239
                                              under this heading to its own charter members           ignated by the Congress as an emergency re-            ligation beyond the current fiscal year unless
                                              with expertise in housing counseling, subject to        quirement pursuant to section 251(b)(2)(A)(i) of       expressly so provided herein.
                                              a certification by the NRC that the procedures          the Balanced Budget and Emergency Deficit                 SEC. 1304. Unless otherwise provided for by
                                              for selection do not consist of any procedures or       Control Act of 1985.                                   this Act, the additional amounts appropriated
                                              activities that could be construed as an unac-            SEC. 1203. Amounts made available in this Act        by this Act to appropriations accounts shall be
                                              ceptable conflict of interest or have the appear-       under the headings ‘‘Northeast Corridor Grants         available under the authorities and conditions
                                              ance of impropriety.                                    to the National Railroad Passenger Corpora-            applicable to such appropriations accounts for
                                                 (6) The HUD-approved counseling inter-               tion’’ and ‘‘National Network Grants to the Na-        fiscal year 2021.
                                              mediaries and State Housing Finance Agencies            tional Railroad Passenger Corporation’’ shall be          SEC. 1305. Each amount designated in this Act
                                              receiving funds under this heading shall have           used under the same conditions as section 22002        by the Congress as being for an emergency re-
                                              demonstrated experience in housing counseling           of title XII of division B of the Coronavirus Aid,     quirement pursuant to section 251(b)(2)(A)(i) of
                                              (including foreclosure counseling, rental coun-         Relief, and Economic Security Act (Public Law          the Balanced Budget and Emergency Deficit
                                              seling, homelessness, and/or financial coun-            116–136): Provided, That the amounts made              Control Act of 1985 shall be available (or re-
                                              seling) and outreach. NRC may use other cri-            available in this Act under such headings shall        scinded or transferred, if applicable) only if the
                                              teria to demonstrate capacity, particularly in          be used by the National Railroad Passenger Cor-        President subsequently so designates all such
                                              underserved areas.                                      poration to prevent employee furloughs as a re-        amounts and transmits such designations to the
                                                 (7) Of the total amount made available under         sult of efforts to prevent, prepare for, and re-       Congress.
                                              this heading, up to 4 percent of the amounts            spond to coronavirus: Provided further, That              SEC. 1306. (a) STATUTORY PAYGO EMERGENCY
                                              made available under this heading in this Act           none of the funds made available in this Act           DESIGNATION.—The amounts provided under di-
                                              may be made available to support non-grant              under such headings may be used by the Na-             vision B and each succeeding division are des-
                                              costs associated with the Housing Counseling            tional Railroad Passenger Corporation to reduce        ignated as an emergency requirement pursuant
                                              Assistance grants program, including training,          the frequency of rail service on any long-dis-         to section 4(g) of the Statutory Pay-As-You-Go
                                              administrative costs, grant compliance, and             tance route (as defined in section 24102 of title      Act of 2010 (2 U.S.C. 933(g)), and the budgetary
                                              evaluation.                                             49, United States Code) below frequencies for          effects shall not be entered on either PAYGO
                                                 (8) The NRC shall build the relevant capac-          such routes in fiscal year 2019, except in an          scorecard maintained pursuant to section 4(d) of
                                              ities of HUD-approved counseling intermediaries         emergency or during maintenance or construc-           such Act.
                                              and State Housing Finance Agencies through a            tion outages impacting such routes: Provided              (b) SENATE PAYGO EMERGENCY DESIGNA-
                                              comprehensive training program of NRC train-            further, That the coronavirus shall not qualify        TION.—In the Senate, division B and each suc-
                                              ing courses, except that private financial insti-       as an emergency in the preceding proviso.              ceeding division are designated as an emergency
                                              tutions that participate in NRC training shall            SEC. 1204. For fiscal year 2021, in addition to      requirement pursuant to section 4112(a) of H.
                                              pay market rates for such training.                     payments made pursuant to 53106 of title 46,           Con. Res. 71 (115th Congress), the concurrent
                                                 (9) Housing Counseling Assistance grants may         United States Code, the Secretary of Transpor-         resolution on the budget for fiscal year 2018.
                                              include a budget for outreach, advertising, tech-       tation shall pay to the contractor for an oper-           (c) CLASSIFICATION OF BUDGETARY EFFECTS.—
                                              nology, reporting, training, sub-grantee over-          ating agreement entered into pursuant to chap-         Notwithstanding Rule 3 of the Budget
                                              sight, and other program-related support as de-         ter 531 of title 46, United States Code, for each      Scorekeeping Guidelines set forth in the joint
                                              termined by the NRC.                                    vessel that is covered by such operating agree-        explanatory statement of the committee of con-
                                                 (10) The NRC shall report annually to the            ment as of the date of enactment of this Act, an       ference accompanying Conference Report 105–
                                              Committees on Appropriations of the House of            amount equal to $500,000: Provided, That pay-          217 and section 250(c)(8) of the Balanced Budget
                                              Representatives and the Senate as well as the           ments authorized by this section shall be paid         and Emergency Deficit Control Act of 1985, the
                                              Senate Banking Committee and House Financial            not later than 60 days after the date of enact-        budgetary effects of division B and each suc-
                                              Services Committee on its efforts to mitigate           ment of this Act: Provided further, That any           ceeding division—
                                              housing instability caused by the COVID-19              unobligated balances remaining from the                   (1) shall not be estimated for purposes of sec-
                                              pandemic.                                               amounts made available for payments under the          tion 251 of such Act;
                                              Provided, That such amount is designated by             heading ‘‘Maritime Administration—Maritime                (2) shall not be estimated for purposes of para-
                                              the Congress as being for an emergency require-         Security Program’’ in any prior Act may be used        graph (4)(C) of section 3 of the Statutory Pay
                                              ment pursuant to section 251(b)(2)(A)(i) of the         for such payments.                                     As-You-Go Act of 2010 as being included in an
                                              Balanced Budget and Emergency Deficit Con-                SEC. 1205. During the duration of the national       appropriation Act; and
                                              trol Act of 1985.                                       emergency declared by the President concerning            (3) shall be treated as if they were contained
                                                   GENERAL PROVISIONS—THIS TITLE                      the novel coronavirus disease (COVID–19), the          in a PAYGO Act, as defined by section 3(7) of
                                                                                                      Secretary may extend the time period referenced        the Statutory Pay-As-You-Go Act of 2010 (2
                                                 SEC. 1201. The provision under the heading                                                                  U.S.C. 932(7)).
                                                                                                      in 23 U.S.C. 120(e)(1) to account for delays in
                                              ‘‘Office of the Inspector General—Salaries and                                                                    SEC. 1307. (a) Any contract or agreement en-
                                                                                                      access, construction, repair or other similar
                                              Expenses’’ in title XII of division B of the                                                                   tered into by an agency with a State or local
                                                                                                      issues.
                                              Coronavirus Aid, Relief, and Economic Security                                                                 government or any other non-Federal entity for
                                              Act (Public Law 116–136) is amended by striking                             TITLE XIII
                                                                                                                                                             the purposes of providing covered assistance, in-
                                              ‘‘with funds made available in this Act to’’ and           GENERAL PROVISIONS—THIS DIVISION
                                                                                                                                                             cluding any information and documents related
                                              inserting ‘‘by’’: Provided, That the amounts              SEC. 1301. Not later than 30 days after the          to the performance of and compliance with such
                                              repurposed in this section that were previously         date of enactment of this Act, the head of each        contract or agreement, shall be—
                                              designated by the Congress as an emergency re-          executive agency that receives funding in any             (1) deemed an agency record for purposes of
                                              quirement pursuant to the Balanced Budget and           division of this Act, or that received funding in      section 552(f)(2) of title 5, United States Code;
                                              Emergency Deficit Control Act of 1985 are des-          the Coronavirus Preparedness and Response              and
                                              ignated by the Congress as an emergency re-             Supplemental Appropriations Act, 2020 (division           (2) subject to section 552 of title 5, United
                                              quirement pursuant to section 251(b)(2)(A)(i) of        A of Public Law 116–123), the Second                   States Code (commonly known as the ‘‘Freedom
                                              the Balanced Budget and Emergency Deficit               Coronavirus Preparedness and Response Sup-             of Information Act’’).
                                              Control Act of 1985.                                    plemental Appropriations Act, 2020 (division A            (b) In this section—
                                                 SEC. 1202. Amounts made available under the          of Public Law 116–127), the CARES Act (Public             (1) the term ‘‘agency’’ has the meaning given
                                              headings ‘‘Project-Based Rental Assistance’’,           Law 116–136), or the Paycheck Protection Pro-          the term in section 551 of title 5, United States
                                              ‘‘Housing for the Elderly’’ and ‘‘Housing for           gram and Health Care Enhancement Act (Public           Code; and
                                              Persons With Disabilities’’ in title XII of divi-       Law 116–139) shall provide a report detailing the         (2) the term ‘‘covered assistance’’—
                                              sion B of the CARES Act (Public Law 116–136)            anticipated uses of all such funding to the Com-          (A) means any assistance provided by an
                                              and under such headings in this title of this Act       mittees on Appropriations of the House of Rep-         agency in accordance with an Act or amend-
                                              may be used, notwithstanding any other provi-           resentatives and the Senate: Provided, That            ments made by an Act to provide aid, assistance,
                                              sion of law, to provide additional funds to main-       each report shall include estimated personnel          or funding related to the outbreak of COVID–19
                                              tain operations for such housing, for providing         and administrative costs, as well as the total         that is enacted before, on, or after the date of
                                              supportive services, and for taking other nec-          amount of funding apportioned, allotted, obli-         enactment of this Act; and
                                              essary actions to prevent, prepare for, and re-         gated, and expended, to date: Provided further,           (B) includes any such assistance made avail-
                                              spond to coronavirus, including to actions to           That each such report shall be updated and             able by an agency under—
                                              self-isolate, quarantine, or to provide other           submitted to such Committees every 60 days                (i) any division of this Act;
                                              coronavirus infection control services as rec-          until all funds are expended or expire: Provided          (ii) the Paycheck Protection Program and
                                              ommended by the Centers for Disease Control             further, That reports submitted pursuant to this       Health Care Enhancement Act (Public Law 116–




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                                              and Prevention, including providing relocation          section shall satisfy the requirements of section      139), or an amendment made by that Act;
                                              services for residents of such housing to provide       1701 of division A of Public Law 116–127.                 (iii) the CARES Act (Public Law 116–136), or
                                              lodging at hotels, motels, or other locations:            SEC. 1302. Each amount appropriated or made          an amendment made by that Act;
                                              Provided, That the amounts repurposed pursu-            available by this Act is in addition to amounts           (iv) the Families First Coronavirus Response
                                              ant to this section that were previously des-           otherwise appropriated for the fiscal year in-         Act (Public Law 116–127), or an amendment
                                              ignated by the Congress as an emergency re-             volved.                                                made by that Act; or
                                              quirement pursuant to the Balanced Budget and             SEC. 1303. No part of any appropriation con-            (v) the Coronavirus Preparedness and Re-
                                              Emergency Deficit Control Act of 1985 are des-          tained in this Act shall remain available for ob-      sponse Supplemental Appropriations Act, 2020




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                                              H5240                                              CONGRESSIONAL RECORD — HOUSE                                                           October 1, 2020
                                              (Public Law 116–123), or an amendment made by           ‘‘during any award year that includes any por-           (2) in subsection (b), by striking ‘‘for the du-
                                              that Act.                                               tion of a qualifying emergency period’’.               ration of the qualifying emergency and the fol-
                                                SEC. 1308. (a) Notwithstanding any other pro-            (b) EFFECTIVE DATE.—The amendments made             lowing payment period for purposes of title IV
                                              vision of law and in a manner consistent with           by subsection (a) shall take effect as if included     of the Higher Education Act of 1965 (20 U.S.C.
                                              other provisions in any division of this Act, all       in the enactment of the CARES Act (Public Law          1070 et seq.).’’ and inserting ‘‘until the end of
                                              laborers and mechanics employed by contractors          116–136).                                              the covered period applicable to the institu-
                                              and subcontractors on projects funded directly          SEC. 112. SUPPLEMENTAL EDUCATIONAL OPPOR-              tion.’’;
                                              by or assisted in whole or in part by and                           TUNITY GRANTS FOR EMERGENCY                  (3) in subsection (c), by striking ‘‘for the dura-
                                              through the Federal Government pursuant to                          AID.                                       tion of the qualifying emergency and the fol-
                                              any division of this Act shall be paid wages at           (a) USE AND TREATMENT.—Section 3504 of the           lowing payment period,’’ and inserting ‘‘until
                                              rates not less than those prevailing on projects        CARES Act (Public Law 116–136) is amended—             all covered periods for foreign institutions car-
                                              of a character similar in the locality as deter-          (1) in subsection (a), by inserting ‘‘that in-       rying out a distance education program author-
                                              mined by the Secretary of Labor in accordance           cludes any portion of a qualifying emergency           ized under this section have ended,’’;
                                              with subchapter IV of chapter 31 of title 40,           period’’ after ‘‘for a fiscal year’’; and                (4) in subsection (d)—
                                              United States Code. With respect to the labor             (2) by striking subsection (c).                        (A) in paragraph (1)—
                                              standards specified in this section, the Secretary        (b) EFFECTIVE DATE.—The amendments made                (i) by striking ‘‘for the duration of a quali-
                                              of Labor shall have the authority and functions         by subsection (a) shall take effect as if included     fying emergency and the following payment pe-
                                              set forth in Reorganization Plan Numbered 14 of         in the enactment of the CARES Act (Public Law          riod,’’ and inserting ‘‘until the end of the cov-
                                              1950 (64 Stat. 1267; 5 U.S.C. App.) and section         116–136).                                              ered period applicable to a foreign institution,’’;
                                              3145 of title 40, United States Code.                   SEC. 113. EXTENSION OF FEDERAL WORK-STUDY              and
                                                (b) The amounts provided by this section are                      DURING A QUALIFYING EMERGENCY.               (ii) by striking ‘‘allow a foreign institution’’
                                              designated by the Congress as being for an                (a) FEDERAL WORK-STUDY DURING A QUALI-               and inserting ‘‘allow the foreign institution’’;
                                              emergency requirement pursuant to section               FYING EMERGENCY.—Section 3505 of the CARES               (B) in each of subparagraphs (A) and (B) of
                                              251(b)(2)(A)(i) of the Balanced Budget and              Act (Public Law 116–136) is amended—                   paragraph (2), by striking ‘‘subsection (a)’’ and
                                              Emergency Deficit Control Act of 1985.                    (1) in subsection (a)—                               inserting ‘‘paragraph (1)’’;
                                                This division may be cited as the                       (A) in the matter preceding paragraph (1)—             (C) in paragraph (3)(B), by striking ‘‘30 days’’
                                              ‘‘Coronavirus Recovery Supplemental Appro-                (i) by striking ‘‘In the event of a qualifying       and inserting ‘‘10 days’’; and
                                              priations Act, 2021’’.                                  emergency’’ and inserting ‘‘During a qualifying          (D) in paragraph (4)—
                                                                                                      emergency period’’; and                                  (i) by striking ‘‘for the duration of the quali-
                                              DIVISION B—PROVIDING RELIEF TO STU-
                                                                                                        (ii) by striking ‘‘(not to’’ and all that follows    fying emergency and the following payment pe-
                                                DENTS, INSTITUTIONS OF HIGHER EDU-
                                                                                                      through the semicolon and inserting ‘‘in which         riod,’’ and inserting ‘‘until all covered periods
                                                CATION, LOCAL EDUCATIONAL AGEN-
                                                                                                      affected students are unable to fulfill the stu-       for foreign institutions that entered into written
                                                CIES, AND STATE VOCATIONAL REHA-
                                                                                                      dents’ work-study obligation due to such quali-        arrangements under paragraph (1) have
                                                BILITATION AGENCIES
                                                                                                      fying emergency, as follows:’’;                        ended,’’; and
                                              SEC. 100. SHORT TITLE.                                    (B) in paragraph (1), by striking ‘‘as a one           (ii) by striking ‘‘identifies each foreign institu-
                                               This division may be cited as the ‘‘Pandemic           time grant’’ and inserting ‘‘as a one-time grant       tion that entered into a written arrangement
                                              Education Response Act’’.                               in each payment period the student is awarded          under subsection (a).’’ and inserting the fol-
                                                    TITLE I—HIGHER EDUCATION                          work-study’’; and                                      lowing: ‘‘identifies, for each such foreign insti-
                                                              PROVISIONS                                (C) in paragraph (2), by striking ‘‘or was not       tution—
                                              SEC. 101. DEFINITIONS.
                                                                                                      completing the work obligation necessary to re-          ‘‘(A) the name of the foreign institution;
                                                                                                      ceive work study funds under such part prior to          ‘‘(B) the name of the institution of higher
                                                 In this title:
                                                                                                      the occurrence of the qualifying emergency’’;          education located in the United States that has
                                                 (1) AWARD YEAR.—The term ‘‘award year’’ has
                                                                                                      and                                                    entered into a written arrangement with such
                                              the meaning given the term in section 481(a) of
                                                                                                        (2) in subsection (b)—                               foreign institution; and
                                              the Higher Education Act of 1965 (20 U.S.C.
                                                                                                        (A) in paragraph (1)—                                  ‘‘(C) information regarding the nature of such
                                              1088(a)).                                                 (i) by striking ‘‘for the academic year during
                                                 (2) AUTHORIZING COMMITTEES.—The term ‘‘au-                                                                  written      arrangement,        including    which
                                                                                                      which a qualifying emergency occurred;’’ and           coursework or program requirements are accom-
                                              thorizing committees’’ has the meaning given
                                                                                                      inserting ‘‘for an academic year that includes         plished at each respective institution.’’; and
                                              the term in section 103 of the Higher Education
                                                                                                      any portion of a qualifying emergency period;            (5) by adding at the end the following:
                                              Act of 1965 (20 U.S.C. 1003).
                                                                                                      and’’; and                                               ‘‘(e) DEFINITION OF COVERED PERIOD.—
                                                 (3) FAFSA.—The term ‘‘FAFSA’’ means an                 (B) by striking paragraph (2) and redesig-
                                              application under section 483 of the Higher Edu-                                                                 ‘‘(1) IN GENERAL.—In this section, the term
                                                                                                      nating paragraph (3) as paragraph (2).’’.              ‘covered period’, when used with respect to a
                                              cation Act of 1965 (20 U.S.C. 1090) for Federal           (b) EFFECTIVE DATE.—The amendments made
                                              student financial aid.                                                                                         foreign institution of higher education, means
                                                                                                      by subsection (a) shall take effect as if included     the period—
                                                 (4) INSTITUTION OF HIGHER EDUCATION.—The             in the enactment of the CARES Act (Public Law
                                              term ‘‘institution of higher education’’ has the                                                                 ‘‘(A) beginning on the first day of—
                                                                                                      116–136).                                                ‘‘(i) a qualifying emergency; or
                                              meaning given the term in section 102 of the
                                                                                                      SEC. 114. SERVICE OBLIGATIONS FOR TEACHERS               ‘‘(ii) a public health emergency, major disaster
                                              Higher Education Act of 1965 (20 U.S.C. 1002).                      AND OTHER PROFESSIONALS.
                                                 (5)   QUALIFYING     EMERGENCY.—The       term                                                              or emergency, or national emergency declared
                                                                                                        (a) AMENDMENT.—Section 3519 of the CARES             by the applicable government authorities in the
                                              ‘‘qualifying emergency’’ has the meaning given
                                                                                                      Act (Public Law 116–136) is amended—                   country in which the foreign institution is lo-
                                              the term in section 3502 of the CARES Act (Pub-
                                                                                                         (1) in the section heading, by inserting ‘‘AND      cated; and
                                              lic Law 116–136), as amended by this Act.
                                                                                                      OTHER PROFESSIONALS’’ after ‘‘TEACH-                     ‘‘(B) ending on the later of—
                                                 (6) QUALIFYING EMERGENCY PERIOD.—The
                                                                                                      ERS’’; and                                               ‘‘(i) subject to paragraph (2), the last day of
                                              term ‘‘qualifying emergency period’’ means the
                                                                                                         (2) by adding at the end the following:             the payment period, for purposes of title IV of
                                              period—                                                    ‘‘(c) FEDERAL PERKINS LOANS.—Notwith-
                                                 (A) beginning on the first day of a qualifying                                                              the Higher Education Act of 1965 (20 U.S.C. 1070
                                                                                                      standing section 465 of the Higher Education           et seq.), following the end of any qualifying
                                              emergency; and                                          Act of 1965 (20 U.S.C. 1087ee), the Secretary
                                                 (B) ending on the later of the date on which                                                                emergency or any emergency or disaster de-
                                                                                                      shall waive the requirements of such section in        scribed in subparagraph (A)(ii) applicable to the
                                              the qualifying emergency expires or June 30,            regard to full-time service and shall consider an
                                              2021.                                                                                                          foreign institution; or
                                                                                                      incomplete year of service of a borrower as ful-         ‘‘(ii) June 30, 2022.
                                                 (7) SECRETARY.—The term ‘‘Secretary’’ means          filling the requirement for a complete year of           ‘‘(2) SPECIAL RULE FOR CERTAIN PAYMENT PE-
                                              the Secretary of Education.
                                                                                                      service under such section, if the service was in-     RIODS.—For purposes of subparagraph (B)(i), if
                                                     Subtitle A—Cares Act Amendments                  terrupted due to a qualifying emergency.’’.            the following payment period for an award year
                                              SEC. 111. APPLICATION OF CAMPUS-BASED AID                  (b) EFFECTIVE DATE.—The amendments made             ends before June 30 of such award year, the cov-
                                                          WAIVERS.                                    by subsection (a) shall take effect as if included     ered period shall be extended until June 30 of
                                                (a) APPLICATION.—Section 3503 of the CARES            in the enactment of the CARES Act (Public Law          such award year.’’.
                                              Act is amended—                                         116–136).                                                (b) EFFECTIVE DATE.—The amendments made
                                                (1) in subsection (a)—                                SEC. 115. CONTINUING EDUCATION AT AFFECTED             by subsection (a) shall take effect as if included
                                                (A) by inserting ‘‘or for any other award year                    FOREIGN INSTITUTIONS.                      in the enactment of the CARES Act (Public Law
                                              that includes any portion of a qualifying emer-           (a) IN GENERAL.—Section 3510 of the CARES            116–136).




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                                              gency period,’’ after ‘‘2020–2021,’’; and               Act (20 U.S.C. 1001 note) is amended—                  SEC. 116. FUNDING FOR HBCU CAPITAL FINANC-
                                                (B) by inserting ‘‘and a nonprofit organiza-            (1) in subsection (a), by striking ‘‘for the du-                 ING;  ENDOWMENT     CHALLENGE
                                              tion providing employment under section                 ration of such emergency’’ and all that follows                    GRANTS.
                                              443(b)(5) of such Act’’ after ‘‘waive the require-      through the period at the end and inserting ‘‘for        (a) FUNDING FOR HBCU CAPITAL FINANCING.—
                                              ment that a participating institution of higher         purposes of title IV of the Higher Education Act         (1) AMENDMENTS.—Section 3512 of division A
                                              education’’; and                                        of 1965 (20 U.S.C. 1070 et seq.) until the end of      of the Coronavirus Aid, Relief, and Economic
                                                (2) in subsection (b), by striking ‘‘during a pe-     the covered period applicable to the institu-          Security Act (20 U.S.C. 1001 note) is amended—
                                              riod of a qualifying emergency’’ and inserting          tion.’’;                                                 (A) in subsection (a)—




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                        H5241
                                                 (i) in paragraph (1), by striking ‘‘may’’ and        of the program authorized under chapter 2 of              (i) any question on the FAFSA used to deter-
                                              inserting ‘‘shall’’; and                                subpart 2 of part A of title IV of the Higher          mine whether an applicant (or, as applicable, a
                                                 (ii) in paragraph (2)—                               Education Act of 1965 (20 U.S.C. 1070a–21 et           spouse or parent of an applicant) is a dislocated
                                                 (I) in subparagraph (A), by striking ‘‘or inter-     seq.) from State, local, institutional, or private     worker includes an express reference to individ-
                                              est’’ and inserting ‘‘or interest, or any applica-      funds.                                                 uals who have been laid off;
                                              ble fees or required funds,’’; and                         ‘‘(B) DESCRIPTION OF PERIOD.—The period de-            (ii) any help text associated with a question
                                                 (II) in subparagraph (B)—                            scribed in this subparagraph is the period begin-      described in clause (i) includes a description of
                                                 (aa) by striking ‘‘payments’’ and inserting          ning on the first day of a qualifying emergency        an applicant’s treatment as a dislocated worker
                                              ‘‘payments, and any payments of applicable fees         and ending on September 30 of the fiscal year          under paragraph (1); and
                                              and required funds,’’; and                              following the end of the qualifying emergency.’’.         (iii) the FAFSA includes a prominent notifica-
                                                 (bb) by striking the period and inserting ‘‘;           (c) AMENDMENT TO CLARIFY SCOPE OF AU-               tion, appearing immediately before questions re-
                                              and’’; and                                              THORITY.—Section 3518 of the CARES Act (Pub-           lated to tax returns or income that, if the appli-
                                                 (III) by adding at the end the following:            lic Law 116–136) is further amended by adding          cant (or, as applicable, a spouse or parent of an
                                                 ‘‘(C) the institution may pay, without pen-          at the end the following new subsection:               applicant) has lost significant income earned
                                              alty, any periodic installment of principal or in-         ‘‘(d) SCOPE OF AUTHORITY.—Notwithstanding           from work due to a qualifying emergency, the
                                              terest required under the loan agreement for            subsection (a), the Secretary may not modify the       applicant should contact the financial aid ad-
                                              such loan.’’; and                                       required or allowable uses of funds for grants         ministrator at the institution where the appli-
                                                 (B) in subsection (d), by striking ‘‘$62,000,000’’   awarded under chapter I or II of subpart 2 of          cant plans to enroll to provide current income
                                              and inserting ‘‘such sums as may be necessary’’.        part A of title IV of the Higher Education Act         information;
                                                 (2) EFFECTIVE DATE.—The amendments made              of 1965 (20 U.S.C. 1070a–11 et seq.; 1070a–21 et          (B) in consultation with institutions of higher
                                              by this subsection shall take effect as if enacted      seq.), in a manner that deviates from the overall      education, shall carry out activities to inform
                                              as part of the Coronavirus Aid, Relief, and Eco-        purpose of the grant program, as provided in the       applicants for Federal student financial aid
                                              nomic Security Act (Public Law 116–136).                general authorization, findings, or purpose of         under the Higher Education Act of 1965 (20
                                                 (b) ENDOWMENT CHALLENGE GRANTS.—For the              the grant program under the applicable statu-          U.S.C. 1001 et seq.)—
                                              duration of a qualifying emergency (as defined          tory provision cited in such chapter.’’.                  (i) of the treatment of individuals who have
                                              in section 3502 of the Coronavirus Aid, Relief,            (d) EFFECTIVE DATE.—The amendments made             applied for, or who are receiving, unemployment
                                              and Economic Security Act (20 U.S.C. 1001               by this section shall take effect as if included in    benefits as dislocated workers under paragraph
                                              note)), notwithstanding the provisions of sub-          the enactment of the CARES Act (Public Law             (1);
                                              sections (b)(3), (c)(3)(B), and (d) of section 331      116–136).                                                 (ii) of the availability of means-tested Federal
                                              of the Higher Education Act of 1965 (20 U.S.C.                   Subtitle B—Financial Aid Access               benefits for which such applicants may be eligi-
                                              1065) applicable during the grant period for an         SEC. 121. EMERGENCY FINANCIAL AID GRANTS               ble; and
                                              endowment challenge grant awarded to an insti-                     EXCLUDED FROM NEED ANALYSIS.                   (iii) of the ability of a financial aid adminis-
                                              tution under such section 331 (20 U.S.C. 1065),           (a) TREATMENT OF EMERGENCY FINANCIAL AID             trator of an institution of higher education to
                                              the institution may use the endowment fund              GRANTS FOR NEED ANALYSIS.—Notwithstanding              use professional judgment as authorized under
                                              corpus plus any endowment fund income—                  any provision of the Higher Education Act of           section 479A of the Higher Education Act of 1965
                                                 (1) for any educational purpose; or                  1965 (20 U.S.C. 1001 et seq.), emergency financial     (20 U.S.C. 1087tt) and in accordance with sub-
                                                 (2) to defray any expenses necessary to the          aid grants—                                            section (b), to determine, where appropriate,
                                              operation of the institution, including expenses           (1) shall not be included as income or assets       that income earned from work is zero and con-
                                              of operations and maintenance, administration,          (including untaxed income and benefits under           sider unemployment benefits to be zero, if the
                                              academic and support personnel, construction            section 480(b) of the Higher Education Act of          applicant (or, as applicable, a spouse or parent
                                              and renovation, community and student services          1965 (20 U.S.C. 1807vv(b))) in the computation of      of an applicant) has applied for or is receiving
                                              programs, and technical assistance.                     expected family contribution for any program           unemployment benefits;
                                              SEC.   117.WAIVER AUTHORITY FOR INSTITU-                funded in whole or in part under the Higher               (C) shall carry out activities to inform institu-
                                                          TIONAL AID.                                                                                        tions of higher education of the authority of
                                                                                                      Education Act of 1965 (20 U.S.C. 1001 et seq.);
                                                (a) IN GENERAL.—Section 3517(a)(1)(D) of the          and                                                    such institutions, with explicit written consent
                                              CARES Act (Public Law 116–136) is amended by               (2) shall not be treated as estimated financial     of an applicant for Federal student financial
                                              striking ‘‘(b), (c), and (g)’’ and inserting ‘‘(b)      assistance for the purposes of section 471 or sec-     aid under the Higher Education Act of 1965 (20
                                              and (c)’’.                                              tion 480(j) of the Higher Education Act of 1965        U.S.C. 1001 et seq.), to provide information col-
                                                (b) EFFECTIVE DATE.—The amendment made                (20 U.S.C. 1087kk; 1087vv(j)).                         lected from such applicant’s FAFSA to an orga-
                                              by subsection (a) shall take effect as if included         (b) DEFINITION.—In this section, the term           nization assisting the applicant in applying for
                                              in the enactment of the CARES Act (Public Law           ‘‘emergency financial aid grant’’ means—               and receiving Federal, State, local, or tribal as-
                                              116–136).                                                  (1) an emergency financial aid grant awarded        sistance in accordance with section 312 of the
                                              SEC. 118. SCOPE OF MODIFICATIONS TO RE-                 by an institution of higher education under sec-       Department of Defense and Labor, Health and
                                                         QUIRED AND ALLOWABLE USES.                   tion 3504 of the CARES Act (Public Law 116–            Human Services, and Education Appropriations
                                                (a) AMENDMENT TO INCLUDE MINORITY                     136);                                                  Act, 2019 and Continuing Appropriations Act,
                                              SCIENCE AND ENGINEERING IMPROVEMENT PRO-                   (2) an emergency financial aid grant from an        2019 (Public Law 115– 245); and
                                              GRAM.—Subsection (a) of section 3518 of the             institution of higher education made with funds           (D) in consultation with the Secretary of
                                              CARES Act (Public Law 116–136) is amended—              made available under section 18004 of the              Labor, shall carry out activities to inform appli-
                                                (1) by striking ‘‘part A or B of title III,’’ and     CARES Act (Public Law 116–136); and                    cants for, and recipients of, unemployment ben-
                                              inserting ‘‘part A, part B, or subpart 1 of part           (3) any other emergency financial aid grant to      efits of the availability of Federal student finan-
                                              E of title III,’’; and                                  a student from a Federal agency, a State, an In-       cial aid under the Higher Education Act of 1965
                                                (2) by inserting ‘‘1067 et seq.;’’ after ‘‘1060 et    dian tribe, an institution of higher education, or     (20 U.S.C. 1001 et seq.) and the treatment of
                                              seq.;’’.                                                a scholarship-granting organization (including         such applicants and recipients as dislocated
                                                (b) AMENDMENT TO MATCHING REQUIREMENT                 a tribal organization, as defined in section 4 of      workers under paragraph (1).
                                              MODIFICATIONS.—Subsection (b) of section 3518           the Indian Self-Determination and Education               (3) IMPLEMENTATION.—The Secretary shall im-
                                              of the CARES Act (Public Law 116–136) is                Assistance Act (25 U.S.C. 5304)) for the purpose       plement this subsection not later than 30 days
                                              amended—                                                of providing financial relief to students enrolled     after the date of enactment of this Act.
                                                (1) by striking ‘‘Notwithstanding’’ and insert-       at institutions of higher education in response           (4) APPLICABILITY.—Paragraph (1) shall apply
                                              ing the following:                                      to a qualifying emergency.                             with respect to a FAFSA submitted on or after
                                                ‘‘(1) IN GENERAL.—Notwithstanding’’;                  SEC. 122. FACILITATING ACCESS TO FINANCIAL             the earlier of—
                                                (2) in paragraph (1), as so designated by this                    AID FOR RECENTLY UNEMPLOYED                   (A) the date on which the Secretary imple-
                                              subsection—                                                         STUDENTS.                                  ments this subsection under paragraph (3); or
                                                (A) by striking ‘‘is authorized to’’ and insert-        (a) TREATMENT AS DISLOCATED WORKER.—                    (B) the date that is 30 days after the date of
                                              ing ‘‘shall’’; and                                        (1) IN GENERAL.—Notwithstanding section              enactment of this Act.
                                                (B) by striking ‘‘share’’ and inserting ‘‘share,      479(d)(1) of the Higher Education Act of 1965 (20         (b) PROFESSIONAL JUDGMENT OF FINANCIAL
                                              non-Federal share,’’; and                               U.S.C. 1087ss(d)(1)), any individual who has ap-       AID ADMINISTRATORS.—For the purposes of
                                                (3) by adding at the end the following new            plied for, or who is receiving, unemployment           making a professional judgment as authorized
                                              paragraph:                                              benefits at the time of the submission of a            under section 479A of the Higher Education Act
                                                ‘‘(2) WAIVER OF GEAR UP MATCHING REQUIRE-             FAFSA for a covered award year shall be treat-         of 1965 (20 U.S.C. 1087tt), a financial aid admin-




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                                              MENT.—                                                  ed as a dislocated worker for purposes of the          istrator may, during a covered award year—
                                                ‘‘(A) IN GENERAL.—Notwithstanding section             need analysis under part F of title IV such Act           (1) determine that the income earned from
                                              404C(b) of the Higher Education Act of 1965 (20         (20 U.S.C. 1087kk et seq.) applicable to such          work for a student, or a parent or spouse of a
                                              U.S.C. 1070a–23(b)), the Secretary shall waive,         award year.                                            student, as applicable, is zero, if the student,
                                              for the duration of the period described in sub-          (2) INFORMATION TO APPLICANTS AND INSTITU-           parent, or spouse provides paper or electronic
                                              paragraph (B), any requirement for an eligible          TIONS.—The Secretary—                                  documentation of receipt of unemployment bene-
                                              entity (as defined in section 404A(c) (20 U.S.C.          (A) for each covered award year, shall ensure        fits or confirmation that an application for un-
                                              1070a–21(c))) to provide a percentage of the cost       that—                                                  employment benefits was submitted;




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                                              H5242                                              CONGRESSIONAL RECORD — HOUSE                                                          October 1, 2020
                                                 (2) consider the value of unemployment bene-         of students who may receive such funds other           (as such policies and procedures were in effect
                                              fits for such student, parent, or spouse to be          than a restriction based solely on the student’s       before March 5, 2020).
                                              zero; and                                               enrollment at the institution of higher edu-              (B) ACCREDITING AGENCY OR ASSOCIATION.—In
                                                 (3) make appropriate adjustments to the data         cation; and                                            a case in which an accrediting agency or asso-
                                              items on the FAFSA for a student, parent, or              (2) section 401(a) the Personal Responsibility       ciation does not have distance education in the
                                              spouse, as applicable, based on the totality of         and Work Opportunity Reconciliation Act of             scope of its recognition at the time an institu-
                                              the family’s situation.                                 1996 (8 U.S.C. 1611(a)) shall not apply.               tion commences the evaluation process described
                                                 (c) UNEMPLOYMENT DOCUMENTATION.—For                    (b) EFFECTIVE DATE.—Subsection (a) shall             in this paragraph, and such agency expands its
                                              the purposes of documenting unemployment                take effect as if included in the enactment of the     scope of accreditation to include distance edu-
                                              benefits or application for such benefits under         CARES Act (Public Law 116–136), and an insti-          cation, not later than 30 days after such change
                                              subsection (b), such documentation shall be ac-         tution of higher education that provided funds         in scope, such agency shall notify the Secretary,
                                              cepted if such documentation is submitted not           to a student before the date of enactment of this      in writing, of the change in scope to include dis-
                                              more than 90 days from the date on which such           Act shall not be penalized if such provision is        tance education, in accordance with section
                                              documentation was issued, unless a financial            consistent with such subsection and section            496(a)(4)(B)(i)(II) of the Higher Education Act
                                              aid administrator knows that the student, par-          18004 of the CARES Act (Public Law 116–136).           of 1965 (20 U.S.C. 1099b(a)(4)(B)(i)(II)).
                                              ent, or spouse, as applicable, has already ob-          SEC. 124. DISTANCE EDUCATION.                             (3) COMMENCEMENT OF APPROVAL PROCESS
                                              tained other employment.                                  (a) DEFINITION OF DISTANCE EDUCATION.—               WITH THE SECRETARY.—Not later than December
                                                 (d) ADJUSTMENTS TO PROGRAM REVIEW                      (1) IN GENERAL.—Notwithstanding section              31, 2020, each institution described in paragraph
                                              MODEL.—The Secretary shall make adjustments                                                                    (1)(B) shall commence, with the Secretary, the
                                                                                                      103(7) of the Higher Education Act of 1965 (20
                                              to the model used to select institutions of higher                                                             standard approval process for distance edu-
                                                                                                      U.S.C. 1003(7)) and except as otherwise specified
                                              education participating in title IV of the Higher                                                              cation of the Secretary referred to in paragraph
                                                                                                      in section 486 of the Higher Education Act of
                                              Education Act of 1965 (20 U.S.C. 1070 et seq.) for                                                             (1)(B)(ii)(I).
                                                                                                      1965 (20 U.S.C. 1093), the term ‘‘distance edu-
                                              program reviews, in order to—
                                                                                                      cation’’ as used in title IV of the Higher Edu-           (4) COMPLETION OF EVALUATION AND AP-
                                                 (1) account for any rise in the use of profes-
                                                                                                      cation Act of 1965 (20 U.S.C. 1070 et seq.) shall      PROVAL PROCESS.—
                                              sional judgment as authorized under section
                                                                                                      have the meaning given that term in section               (A) IN GENERAL.—Not later than July 1, 2021,
                                              479A of such Act (20 U.S.C. 1087tt) during the
                                                                                                      600.2 of title 34, Code of Federal Regulations, as     an institution of higher education described in
                                              2020–2021 and 2021–2022 award years; and
                                                 (2) ensure that institutions are not penalized       amended by the final regulations entitled ‘‘Dis-       paragraph (1)(B) shall demonstrate to the Sec-
                                              for an increase in the use of professional judg-        tance Education and Innovation’’ published by          retary that—
                                              ment during such award years.                           the Department of Education in the Federal                (i) the institution has completed the evalua-
                                                 (e) DEFINITIONS.—In this section:                    Register on September 2, 2020 (85 Fed. Reg.            tion process and standard approval process for
                                                 (1) COVERED AWARD YEAR.—The term ‘‘covered           54809), or any succeeding regulations.                 distance education under paragraphs (2) and
                                              award year’’ means—                                        (2) INFORMATION TO ACCREDITING AGENCY.—             (3), respectively, for each of its applicable pro-
                                                 (A) an award year during which there is a            Not later than 90 days after the date of enact-        grams; and
                                              qualifying emergency; and                               ment of this Act, each institution of higher edu-         (ii) each such program meets the applicable
                                                 (B) the first award year beginning after the         cation that participates in a program under title      policies and procedures to offer distance edu-
                                              end of such qualifying emergency.                       IV of the Higher Education Act of 1965 (20             cation that are required by the Secretary and
                                                 (2) MEANS-TESTED FEDERAL BENEFIT.—The                U.S.C. 1070 et seq.) and that provides one or          the institution’s accrediting agency or associa-
                                              term ‘‘means-tested Federal benefit’’ includes          more educational programs through distance             tion under such paragraphs.
                                              the following:                                          education shall submit to the institution’s ac-           (B) LOSS OF ELIGIBILITY.—An institution of
                                                 (A) The supplemental security income pro-            crediting agency or association, a description of      higher education that does not meet the require-
                                              gram under title XVI of the Social Security Act         how the institution plans to meet the require-         ments of subparagraph (A) shall cease offering
                                              (42 U.S.C. 1381 et seq.).                               ments of this subsection.                              distance education programs until such time
                                                 (B) The supplemental nutrition assistance               (3) EFFECTIVE DATE.—This subsection shall           that such institution demonstrates to the Sec-
                                              program under the Food and Nutrition Act of             take effect with respect to any semester (or the       retary that the institution and each of its appli-
                                              2008 (7 U.S.C. 2011 et seq.).                           equivalent) that begins on or after December 1,        cable programs meet the requirements of sub-
                                                 (C) The free and reduced price school lunch          2020.                                                  paragraph (A).
                                              program established under the Richard B. Rus-              (b) APPROVAL FOR EXPANDED DISTANCE EDU-
                                                                                                                                                                (c) REQUIREMENTS FOR CERTAIN COVERED AR-
                                              sell National School Lunch Act (42 U.S.C. 1751          CATION.—
                                                                                                                                                             RANGEMENTS.—
                                              et seq.).                                                  (1) IN GENERAL.—
                                                 (D) The program of block grants for States for                                                                 (1) ACCREDITOR REVIEW FOR COVERED AR-
                                                                                                         (A) IN GENERAL.—Notwithstanding section
                                              temporary assistance for needy families estab-                                                                 RANGEMENTS WITH FOREIGN INSTITUTIONS.—An
                                                                                                      481(b)(3) of the Higher Education Act of 1965 (20
                                              lished under part A of title IV of the Social Se-                                                              institution of higher education with a covered
                                                                                                      U.S.C. 1088(b)(3)), an institution of higher edu-
                                              curity Act (42 U.S.C. 601 et seq.).                                                                            arrangement with a foreign institution shall
                                                                                                      cation described in subparagraph (B) may de-
                                                 (E) The special supplemental nutrition pro-                                                                 demonstrate to the Secretary that the institution
                                                                                                      liver distance education by offering programs in
                                              gram for women, infants, and children estab-                                                                   has commenced the evaluation process with the
                                                                                                      whole or in part through telecommunications
                                              lished by section 17 of the Child Nutrition Act of                                                             institution’s accrediting agency or association to
                                                                                                      and be eligible to participate in a program under
                                              1966 (42 U.S.C. 1786).                                                                                         determine, in a case in which the accrediting
                                                                                                      title IV if such institution meets the require-
                                                 (F) The Medicaid program under title XIX of                                                                 agency or association has standards for the pro-
                                                                                                      ments of paragraphs (2) through (4).
                                              the Social Security Act (42 U.S.C. 1396 et seq.).                                                              vision of educational services to another institu-
                                                                                                         (B) INSTITUTION OF HIGHER EDUCATION.—An
                                                 (G) The tax credits provided under the fol-          institution of higher education described in this      tion, whether such covered arrangement meets
                                              lowing sections of the Internal Revenue Code of         subparagraph is an institution of higher edu-          the standards.
                                              1986 (title 26, United States Code):                    cation that uses or expands distance edu-                 (2) REPORTING TO THE SECRETARY.—Beginning
                                                 (i) Section 25A (relating to American Oppor-         cation—                                                not later than 30 days after the date of enact-
                                              tunity and Lifetime Learning credits).                     (i) in accordance with the flexibilities and        ment of this Act, the Secretary shall require the
                                                 (ii) Section 32 (relating to earned income).         waivers provided under the guidance of the Sec-        following:
                                                 (iii) Section 36B (relating to refundable credit                                                               (A) INSTITUTIONS WITH COVERED ARRANGE-
                                                                                                      retary on distance education; and
                                              for coverage under a qualified health plan).                                                                   MENTS WITH NON-TITLE-IV INSTITUTIONS OR OR-
                                                                                                         (ii) without following—
                                                 (iv) Section 6428 (relating to 2020 recovery re-                                                            GANIZATIONS.—An institution of higher edu-
                                                                                                         (I) the standard approval process for distance
                                              bates for individuals).                                                                                        cation with a covered arrangement with a non-
                                                 (H) Federal housing assistance programs, in-         education (as in effect before March 5, 2020) of
                                                                                                      the Secretary; or                                      title-IV institution or organization shall report
                                              cluding tenant-based assistance under section                                                                  to the Secretary not later than 10 days after the
                                              8(o) of the United States Housing Act of 1937 (42          (II) the evaluation process of institution’s ac-
                                                                                                      crediting agency or association described in           institution of higher education establishes or
                                              U.S.C. 1437f(o)), and public housing, as defined                                                               modifies such covered arrangement—
                                              in section 3(b)(1) of such Act (42 U.S.C.               paragraph (2)(A).
                                                                                                         (2) COMMENCEMENT OF EVALUATION PROCESS                 (i) the name of the institution or organization
                                              1437a(b)(1)).
                                                                                                      WITH THE INSTITUTION’S ACCREDITING AGENCY.—            that is not eligible to participate in a program
                                                 (I) Such other Federal means-tested benefits
                                                                                                         (A) IN GENERAL.—Not later than December 31,         under title IV;
                                              as may be identified by the Secretary.
                                                                                                      2020, each institution described in paragraph             (ii) a summary of such arrangement, including
                                              SEC. 123. STUDENT ELIGIBILITY FOR HIGHER
                                                         EDUCATION   EMERGENCY      RELIEF            (1)(B) shall demonstrate to the Secretary that         the percentages and components of the edu-
                                                         FUND AND OTHER HIGHER EDU-                   such institution has commenced the evaluation          cational program to be offered by the institution




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                                                         CATION FUNDS.                                process with its accrediting agency or associa-        of higher education and such institution or or-
                                                (a) IN GENERAL.—With respect to student eli-          tion for the purpose of evaluating distance edu-       ganization; and
                                              gibility for receipt of funds provided under sec-       cation to determine whether such institution              (iii) an attestation that the institution of
                                              tion 18004 of the CARES Act (Public Law 116–            has the capability to—                                 higher education and such institution or organi-
                                              136) and under title VIII of division A of this            (i) effectively deliver distance education pro-     zation meet the requirements of section 668.5(c)
                                              Act—                                                    grams; and                                             of title 34, Code of Federal Regulations (as such
                                                (1) the Secretary is prohibited from imposing            (ii) meet the applicable policies and proce-        section is in effect on the date of enactment of
                                              any restriction on, or defining, the populations        dures of the accrediting agency or association         this Act), including the specific determination




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                        H5243
                                              from the institution of higher education’s ac-             (ii) include a summary of the conclusion and          (D) The Federal Direct Loan program under
                                              crediting agency or association that the institu-       the relevant findings that such agency or asso-        part D of such title IV (20 U.S.C. 1087a et seq.).
                                              tion’s arrangement meets the agency or associa-         ciation provided such institution of higher edu-       SEC. 125. REQUIREMENTS FOR TEACH-OUT PLANS
                                              tion’s standards for the contracting out of edu-        cation in granting, as applicable—                                 AND TEACH-OUT AGREEMENTS.
                                              cational services.                                         (I) the approval or denial for an institution of      (a) REQUIREMENTS.—
                                                 (B) INSTITUTIONS WITH COVERED ARRANGE-               higher education to deliver distance education           (1) IN GENERAL.—Notwithstanding section
                                              MENTS WITH FOREIGN INSTITUTIONS.—An institu-            under subsection (b); or                               487(f)(2) of the Higher Education Act of 1965 (20
                                              tion of higher education with a covered ar-                (II) the approval or denial of an institution of    U.S.C. 1094(f)(2)), in the event an institution of
                                              rangement with a foreign institution shall re-          higher education to enter into or modify a writ-       higher education, during the period described in
                                              port to the Secretary—                                  ten arrangement in accordance with subsection          subsection (d), is required to submit to its ac-
                                                 (i) not later than 10 days after such institu-       (c).                                                   crediting agency or association a teach-out plan
                                              tion establishes such covered arrangement—                 (2) REPORTS BY SECRETARY.—By March 31,              (in accordance with section 487(f) and section
                                                 (I) the name of the foreign institution; and         2021, and quarterly thereafter, the Secretary          496(c)(3) of such Act (20 U.S.C. 1094(f);
                                                 (II) a summary of such arrangement, includ-          shall provide the Committee on Health, Edu-            1099b(c)(3))), or to submit a teach-out agreement
                                              ing the percentages and components of the edu-          cation, Labor, and Pensions of the Senate and          among institutions (in accordance with section
                                              cational program to be offered by the institution       the Committee on Education and Labor of the            496(c)(6) of such Act (20 U.S.C. 1099b(c)(6))), the
                                              of higher education and the foreign institution;        House of Representatives, and publish on a pub-        following shall apply to such plans and agree-
                                              and                                                     licly available website, a report of the informa-      ments:
                                                 (ii) if applicable, not later than 10 days after     tion collected under paragraph (1) and sub-               (A) The definitions and requirements de-
                                              the date on which the institution’s accrediting         section (c)(2).                                        scribed in this subsection.
                                              agency or association provides its determination           (e) OTHER DEFINITIONS.—In this section:                (B) Any other applicable standards of the in-
                                              to the institution in accordance with paragraph            (1) ACCREDITING AGENCY OR ASSOCIATION.—             stitution’s accrediting agency or association.
                                              (1), the determination made by the institution’s        The term ‘‘accrediting agency or association’’            (C) Any other provisions the Secretary of Edu-
                                              accrediting agency or association.                      means—                                                 cation determines are necessary to protect the
                                                 (3) INFORMATION MADE AVAILABLE TO STU-                  (A) an accrediting agency or association that       interests of the United States and to promote the
                                              DENTS.—
                                                                                                      is recognized by the Secretary under subpart 2         purposes of this section.
                                                 (A) INSTITUTIONS WITH COVERED ARRANGE-               of part H of title IV of the Higher Education Act         (2) CLOSING INSTITUTION DEFINED.—The term
                                              MENTS WITH NON-TITLE-IV INSTITUTIONS OR OR-             of 1965 (20 U.S.C. 1099b); or                          ‘‘closing institution’’ means an institution of
                                              GANIZATIONS.—An institution of higher edu-
                                                                                                         (B) in the case of a public postsecondary vo-       higher education—
                                              cation with a covered arrangement with a non-           cational institution whose eligibility for Federal        (A) that ceases to operate or plans to cease op-
                                              title-IV institution or organization shall provide      student assistance programs is being determined        erations before all enrolled students have com-
                                              directly to enrolled and prospective students,          by a State agency listed under section 487(c)(4)       pleted their program of study; or
                                              and make available on a publicly accessible             of the Higher Education Act of 1965 (20 U.S.C.            (B) that has an institutional location that—
                                              website of the institution, a description of each       1094(c)(4)), such a State agency.                         (i) provides 100 percent of at least 1 program
                                                                                                         (2) COVERED ARRANGEMENT WITH A FOREIGN              offered by the institution of higher education;
                                              covered arrangement with a non-title-IV institu-
                                                                                                      INSTITUTION.—The term ‘‘covered arrangement            and
                                              tion or organization, including information on—
                                                                                                      with a foreign institution’’ means a written ar-          (ii) ceases to operate or plans to cease oper-
                                                 (i) the portion of the educational program
                                                                                                      rangement entered into between an institution          ations before all enrolled students have com-
                                              that the institution of higher education is not
                                                                                                      of higher education and a foreign institution,         pleted their program of study.
                                              providing;
                                                                                                      on or after March 13, 2020, to provide an edu-            (3) TEACH-OUT PLANS.—
                                                 (ii) the name and location of the non-title-IV
                                                                                                      cational program.                                         (A) TEACH-OUT PLAN DEFINED.—The term
                                              institution or organization that is providing
                                                                                                         (3) COVERED ARRANGEMENT WITH A NON-TITLE-           ‘‘teach-out plan’’ means a written plan devel-
                                              such portion of the educational program;
                                                                                                      IV INSTITUTION OR ORGANIZATION.—The term               oped by a closing institution that provides for
                                                 (iii) the method of delivery of such portion of
                                                                                                      ‘‘covered arrangement with a non-title-IV insti-       the equitable treatment of students.
                                              the educational program; and
                                                                                                      tution or organization’’ means a written ar-              (B) CONTENTS OF TEACH-OUT PLANS.—A teach-
                                                 (iv) the estimated additional costs students
                                                                                                      rangement—                                             out plan shall include a record-retention plan
                                              may incur as the result of enrolling in an edu-
                                                                                                         (A) to provide an educational program that          that includes—
                                              cational program that is provided under the cov-                                                                  (i) a plan for the custody (including by any
                                                                                                      satisfies the requirements of section 668.8 of title
                                              ered arrangement.                                                                                              applicable State authorizing agencies), and the
                                                                                                      34, Code of Federal Regulations (as such section
                                                 (B) INSTITUTIONS WITH COVERED ARRANGE-
                                                                                                      is in effect on the date of enactment of this Act)     disposition, of teach-out records that meets the
                                              MENTS WITH FOREIGN INSTITUTIONS.—In the case
                                                                                                      between an institution of higher education and         requirements of paragraph (5)(B)(iii);
                                              of an institution of higher education with a cov-                                                                 (ii) an assurance that in the event of the clo-
                                                                                                      an institution or organization that is not eligible
                                              ered arrangement with a foreign institution, the                                                               sure of the institution or an institutional loca-
                                                                                                      to participate in a program under title IV;
                                              foreign institution in such arrangement shall              (B) entered into, or modified, on or after          tion of the institution, such institution—
                                              provide the information described in subpara-           March 13, 2020; and                                       (I) will meet the requirements of paragraph
                                              graph (A) regarding the covered arrangement in             (C) through which the institution or organiza-      (5)(B)(iv); and
                                              the same manner as applies to an institution of         tion that is not eligible to participate in a pro-        (II) will refund students the amount of any
                                              higher education with a covered arrangement             gram under title IV will provide more than 25          unearned tuition, account balances, and stu-
                                              with a non-title-IV institution or organization         percent, but less than 50 percent of the edu-          dent fees, and refunds due; and
                                              subject to such subparagraph.                           cational program subject to the arrangement.              (iii) an estimate of the costs necessary to carry
                                                 (4) ENFORCEMENT.—The Secretary shall take               (4) FOREIGN INSTITUTION.—The term ‘‘foreign         out such record-retention plan.
                                              such enforcement actions under section 487(c) of        institution’’ means an institution located out-           (4) TEACH-OUT AGREEMENT DEFINED.—The
                                              the Higher Education Act of 1965 (20 U.S.C.             side the United States that is described in para-      term ‘‘teach-out agreement’’ means a written
                                              1094(c)) as necessary until such time as an insti-      graphs (1)(C) and (2) of section 102(a) of the         agreement between a closing institution and one
                                              tution of higher education with a covered ar-           Higher Education Act of 1965 (20 U.S.C.                or more other institutions of higher education
                                              rangement subject to this subsection can dem-           1002(a)).                                              (in this section referred to as a ‘‘teach-out insti-
                                              onstrate that the institution meets—                       (5) GUIDANCE OF THE SECRETARY ON DISTANCE           tution)’’ that—
                                                 (A) the standards of the institution’s accred-       EDUCATION.—The term ‘‘guidance of the Sec-                (A) provides for the equitable treatment of stu-
                                              iting agency or association for the contracting         retary on distance education’’ means the guid-         dents and a reasonable opportunity for students
                                              out of educational services; and                        ance of the Secretary entitled ‘‘UPDATED               to complete their program of study; and
                                                 (B) in the case of an institution with a cov-        Guidance for interruptions of study related to            (B) meets the requirements in section 496(c)(6)
                                              ered arrangement with a foreign institution, the        Coronavirus (COVID–19)’’ dated June 16, 2020           of the Higher Education Act of 1965 (20 U.S.C.
                                              standards, if applicable, of the accrediting agen-      (or prior or succeeding guidance).                     1099b(c)(6)).
                                              cy or association for the provision of edu-                (6) INSTITUTION OF HIGHER EDUCATION.—The               (5) APPROVAL OF TEACH-OUT AGREEMENTS.—In
                                              cational services to another institution.               term ‘‘institution of higher education’’ has the       approving a teach-out agreement, the accred-
                                                 (d) REQUIRED REPORTS.—                               meaning given that term in section 102 of the          iting agency or association shall determine a
                                                 (1) REPORTS BY ACCREDITING AGENCY OR ASSO-           Higher Education Act of 1965 (20 U.S.C. 1002).         timeline for an interim teach-out agreement and
                                              CIATION.—                                                  (7) PROGRAM UNDER TITLE IV.—The term ‘‘pro-         a final teach-out agreement that provides for
                                                 (A) IN GENERAL.—Not later than 15 business           gram under title IV’’ means the following pro-         the equitable treatment of students and en-
                                              days after an accrediting agency or association         grams under title IV of the Higher Education           sures—
                                              completes the review of an institution of higher        Act of 1965 (20 U.S.C. 1070 et seq.):                     (A) that the teach-out institution—




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                                              education subject to the requirements of sub-              (A) The Federal Pell Grant program under               (i) to the extent practicable, is an institution
                                              section (b) or (c), the accrediting agency or asso-     section 401 of such Act (20 U.S.C. 1070a).             of higher education that meets the requirements
                                              ciation shall publish a report regarding the re-           (B) The Federal Supplemental Educational            of section 101 or section 102(c) of the Higher
                                              view.                                                   Opportunity Grant program under subpart 3 of           Education Act of 1965 (20 U.S.C. 1001; 1002(c));
                                                 (B) REQUIREMENTS.—The report under sub-              part A of such title IV (20 U.S.C. 1070b).                (ii) has the necessary experience, resources,
                                              paragraph (A) shall—                                       (C) The Federal work-study program under            and support services to provide an educational
                                                 (i) be published on the website of the accred-       part C of such title IV (20 U.S.C. 1087–51 et          program that is of acceptable quality and rea-
                                              iting agency or association; and                        seq.).                                                 sonably similar in content, delivery modality,




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                                              H5244                                              CONGRESSIONAL RECORD — HOUSE                                                          October 1, 2020
                                              and scheduling to that provided by the closing          out plan or teach-out agreement, as applicable,          ‘‘(B) are not reported to any consumer report-
                                              institution with which the teach-out institution        the institution of higher education shall submit       ing agency or otherwise impact the borrower’s
                                              has entered into the teach-out agreement;               the approved plan or agreement to the Secretary        credit history.
                                                 (iii) has not been subject to a sanction of pro-     of Education and to any applicable State au-             ‘‘(3) DETERMINATION OF COMPENSATION.—The
                                              bation or equivalent or show cause by its ac-           thorizing agencies of such institution.                Secretary or, as applicable, the Secretary of
                                              crediting agency or association or any applica-           (b) STANDARD LANGUAGE.—Not later than 60             Health and Human Services shall—
                                              ble State authorizing or licensing agency in the        days after the date of the enactment of this sec-        ‘‘(A) with respect to a holder of a Federal stu-
                                              past 5 years; and                                       tion, the Secretary of Education shall publish         dent loan defined in subparagraph (B) or (C) of
                                                 (iv) shows no evidence of significant problems       standard language relating to closed school dis-       section 3502(a)(2)—
                                              (including financial stability or administrative        charges for purposes of subsection (a)(5)(B)(v).         ‘‘(i) determine any losses for such holder due
                                              capability) that affect the institution’s capacity        (c) PROHIBITION ON MISREPRESENTATIONS.—              to the suspension of payments on such loan
                                              to carry out its mission and meet all obligations         (1) IN GENERAL.—An institution of higher edu-        under paragraph (1); and
                                              to enrolled students, which shall include a             cation is prohibited from engaging in misrepre-          ‘‘(ii) establish reasonable compensation for
                                              showing that there is no evidence of the condi-         sentation about the nature of teach-out plans,         such losses; and
                                              tions described in section 602.24(c)(8) of title 34,    teach-out agreements, and transfer of credit.            ‘‘(B) not later than 60 days after the date of
                                              Code of Federal Regulations, as in effect on the          (2) SANCTIONS.— Upon determination, after            enactment of the Pandemic Education Response
                                              date of enactment of this Act; and                      reasonable notice and opportunity for a hear-          Act, with respect to a borrower who made a
                                                 (B) that the closing institution—                    ing, that an institution of higher education is in     payment on a Federal student loan defined in
                                                 (i) provides the accrediting agency or associa-      violation of this subsection, the Secretary of         subparagraph (B) or (C) of section 3502(a)(2)
                                              tion and the Secretary a complete list of all stu-      Education—                                             during the period beginning on March 13, 2020,
                                              dents who are enrolled in each program at the             (A) shall impose a civil penalty not to exceed       and ending on such date of enactment, the Sec-
                                              institution or who have withdrawn from the in-          $25,000 for each misrepresentation; and                retary shall pay to the borrower, an amount
                                              stitution within the last 180 days, including             (B) may impose an additional sanction de-            equal to the lower of—
                                              each student’s name, contact information, pro-          scribed in section 497(c)(3) of the Higher Edu-          ‘‘(i) the amount paid by the borrower on such
                                              gram of study, the program requirements each            cation Act of 1965 (20 U.S.C. 1094(c)(3)).             loan during such period; or
                                              student has completed, and the estimated date             (d) COVERED PERIOD.—The provisions of this             ‘‘(ii) the amount that was due on such loan
                                              of completion in the absence of the closure of          section shall be in effect during the period be-       during such period.
                                              such institution or institutional location;             ginning on the date of enactment of this Act             ‘‘(4) RECERTIFICATION.—A borrower who is re-
                                                 (ii) provides to the accrediting agency or asso-     and ending on the date on which on which sec-          paying a Federal student loan pursuant to an
                                              ciation and the Secretary, for each program of          tions 487(f) of the Higher Education Act of 1965       income-contingent repayment plan under sec-
                                              study at the closing institution, records of any        (20 U.S.C. 1094(f)) or paragraphs (3) and (6) of       tion 455(d)(1)(D) of the Higher Education Act of
                                              agreements pertaining to the acceptance of stu-         section 493(c) of such Act (20 U.S.C. 1098b(c))        1965 (20 U.S.C. 1087e(d)(1)(D)) or an income-
                                              dents, transfer of credits, articulation agree-         are amended or repealed.                               based repayment plan under section 493C of
                                              ments, or waiver of program requirements be-                                                                   such Act (20 U.S.C. 1098e) shall not be required
                                                                                                          Subtitle C—Federal Student Loan Relief
                                              tween the closing institution and any other in-                                                                to recertify the income or family size of the bor-
                                                                                                            PART 1—TEMPORARY RELIEF FOR                      rower under such plan prior to December 31,
                                              stitutions of higher education;
                                                 (iii) provides a record-retention plan to all en-          FEDERAL STUDENT BORROWERS                        2021.’’;
                                              rolled students that delineates the final disposi-      SEC. 131. EXPANDING LOAN RELIEF TO ALL FED-              (2) in subsection (c), by striking ‘‘part D or B
                                              tion of teach-out records, digitally where prac-                    ERAL STUDENT LOAN BORROWERS.               of title IV of the Higher Education Act of 1965
                                              ticable, including student transcripts, billing, fi-       Section 3502(a) of division A of the                (20 U.S.C. 1087a et seq.; 1071 et seq.)’’ and in-
                                              nancial aid records, and the amount of any un-          Coronavirus Aid, Relief, and Economic Security         serting ‘‘part B, D, or E of title IV of the Higher
                                              earned tuition, account balances, student fees,         Act (Public Law 116–136) is amended—                   Education Act of 1965 (20 U.S.C. 1087a et seq.;
                                              and refunds due to each such student;                      (1) by redesignating paragraphs (2) through         1071 et seq.; 1087aa et seq.)’’;
                                                 (iv) releases all financial holds placed on stu-     (5) as paragraphs (3) through (6), respectively;         (3) in subsection (d), by striking ‘‘During the
                                              dent records and, for the 3-year period begin-          and                                                    period in which the Secretary suspends pay-
                                              ning on the date of the closure of such institu-           (2) by inserting after paragraph (1) the fol-       ments on a loan under subsection (a), the Sec-
                                              tion or institutional location, provides each stu-      lowing:                                                retary’’ and inserting ‘‘During the period in
                                              dent (including each student who withdrew                  ‘‘(2) FEDERAL STUDENT LOAN.—The term ‘Fed-          which payments on a Federal student loan are
                                              from such institution during the 180-day period         eral student loan’ means a loan—                       suspended under subsection (a), the Secretary
                                              prior to the date of such closure) with the stu-           ‘‘(A) made under part B, part D, or part E of       or, as applicable, the Secretary of Health and
                                              dent’s official transcripts and complete aca-           title IV of the Higher Education Act of 1965 (20       Human Services’’;
                                              demic records at no cost to the student;                U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),     (4) in subsection (e), by striking ‘‘During the
                                                 (v) provides students with information, using        and held by the Department of Education;               period in which the Secretary suspends pay-
                                              standard language developed by the Secretary               ‘‘(B) made, insured, or guaranteed under part       ments on a loan under subsection (a), the Sec-
                                              under subsection (b), regarding—                        B of such title, or made under part E of such          retary’’ and inserting ‘‘During the period in
                                                 (I) the benefits and consequences of choosing        title, and not held by the Department of Edu-          which payments on a Federal student loan are
                                              to—                                                     cation; or                                             suspended under subsection (a), the Secretary
                                                 (aa) continue the student’s studies by trans-           ‘‘(C) made under—                                   or, as applicable, the Secretary of Health and
                                              ferring to a teach-out institution; and                    ‘‘(i) subpart II of part A of title VII of the      Human Services’’; and
                                                 (bb) receive a closed school discharge under         Public Health Service Act (42 U.S.C. 292q et             (5) in subsection (f), by striking ‘‘the Sec-
                                              section 437(c)(1) and section 464(g)(1) of the          seq.); or                                              retary’’ and inserting ‘‘the Secretary or, as ap-
                                              Higher Education Act of 1965 (20 U.S.C.                    ‘‘(ii) part E of title VIII of the Public Health    plicable, the Secretary of Health and Human
                                              1087(c)(1); 1087dd(g)(1)); and                          Service Act (42 U.S.C. 297a et seq.).’’.               Services,’’.’’
                                                 (II) if applicable, information on institutional     SEC. 132. EXTENDING THE LENGTH OF BOR-                 SEC. 133. NO INTEREST ACCRUAL.
                                              and State refund policies;                                         ROWER   RELIEF  DUE  TO THE                   Section 3513(b) of division A of the
                                                 (vi) provides students with information about                   CORONAVIRUS EMERGENCY.                      Coronavirus Aid, Relief, and Economic Security
                                              additional tuition and fee charges, if any, at the        Section 3513 of division A of the Coronavirus        Act (Public Law 116–136) is amended to read as
                                              teach-out institution; and                              Aid, Relief, and Economic Security Act (Public         follows:
                                                 (vii) provides students with accurate informa-       Law 116–136) is amended—                                 ‘‘(b) PROVIDING INTEREST RELIEF.—
                                              tion on the number and types of credits the               (1) by amending subsection (a) to read as fol-         ‘‘(1) NO ACCRUAL OF INTEREST.—
                                              teach-out institution is willing to accept prior to     lows:                                                    ‘‘(A) IN GENERAL.—During the period de-
                                              the student’s enrollment in that institution or           ‘‘(a) SUSPENSION OF PAYMENTS.—                       scribed in subparagraph (D), interest on a Fed-
                                              any other institution of higher education with            ‘‘(1) IN GENERAL.—During the period begin-           eral student loan shall not accrue or shall be
                                              which the closing institution has an articula-          ning on March 13, 2020, and ending on Sep-             paid by the Secretary (or the Secretary of
                                              tion agreement.                                         tember 30, 2021, the Secretary or, as applicable,      Health and Human Services) during—
                                                 (6) SUBMISSION OF TEACH-OUT PLANS AND                the Secretary of Health and Human Services,              ‘‘(i) the repayment period of such loan;
                                              TEACH-OUT AGREEMENTS.—                                  shall suspend all payments due on Federal stu-           ‘‘(ii) any period excluded from the repayment
                                                 (A) SUBMISSION OF NOTICE.—Not later than 10          dent loans.                                            period of such loan (including any period of
                                              days after being required to submit a teach-out           ‘‘(2) TRANSITION PERIOD.—For one additional          deferment or forbearance);
                                              plan or teach-out agreement to its accrediting          30-day period beginning on the day after the             ‘‘(iii) any period in which the borrower of




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                                              agency or association, the institution of higher        last day of the suspension period described in         such loan is in a grace period; or
                                              education shall submit a notice of such plan or         subsection (a), the Secretary or, as applicable,         ‘‘(iv) any period in which the borrower of
                                              agreement to the Secretary of Education and to          the Secretary of Health and Human Services,            such loan is in default on such loan.
                                              any applicable State authorizing agencies of            shall ensure that any missed payments on a               ‘‘(B) DIRECT LOANS AND DEPARTMENT OF EDU-
                                              such institution.                                       Federal student loan by a borrower during such         CATION HELD FFEL AND PERKINS LOANS.—For
                                                 (B) SUBMISSION OF PLAN OR AGREEMENT.—Not             additional 30-day period—                              purposes of subparagraph (A), interest shall not
                                              later than 5 days after receiving approval from           ‘‘(A) do not result in collection fees or pen-       accrue on a Federal student loan defined in sec-
                                              its accrediting agency or association of a teach-       alties associated with late payments; and              tion 3502(a)(2)(A).




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                      H5245
                                                ‘‘(C) FFEL AND PERKINS LOANS NOT HELD BY              of 1965, the 9-month period after the date on            (B) by amending subparagraph (B) to read as
                                              THE DEPARTMENT OF EDUCATION AND HHS                     which a student ceases to carry at least one-half      follows:
                                              LOANS.—For purposes of subparagraph (A)—                the normal full-time academic workload, as de-           ‘‘(B) that—
                                                 ‘‘(i) in the case of a Federal student loan de-      scribed in section 464(c)(1)(A) of the Higher            ‘‘(i) a borrower of a Federal student loan
                                              fined in section 3502(a)(2)(B), the Secretary           Education        Act     of    1965   (20    U.S.C.    made, insured, or guaranteed under part B or D
                                              shall pay, on a monthly basis, the amount of in-        1087dd(c)(1)(A)); and                                  of title IV of the Higher Education Act of 1965
                                              terest due on the unpaid principal of such loan           ‘‘(III) in the case of a Federal student loan        may be eligible to enroll in an income-contin-
                                              to the holder of such loan, except that any pay-        defined in section 3502(a)(2)(C), the 1-year pe-       gent repayment plan under section 455(d)(1)(D)
                                              ments made under this clause shall not affect           riod described in section 722(c) of the Public         of the Higher Education Act of 1965 (20 U.S.C.
                                              payment calculations under section 438 of the           Health Service Act (42 U.S.C. 292r(c)) or the 9-       1087e(d)(1)(D)) or an income-based repayment
                                              Higher Education Act of 1965 (20 U.S.C. 1087–1);        month period described in section 836(b)(2) of         plan under section 493C of such Act (20 U.S.C.
                                              and                                                     such Act (42 U.S.C. 297b(b)(2)), as applicable.        1098e), including a brief description of such re-
                                                 ‘‘(ii) in the case of a Federal student loan de-       ‘‘(iii) REPAYMENT PERIOD.—The term ‘repay-           payment plans; and
                                              fined in section 3502(a)(2)(C), the Secretary of        ment period’ means—                                      ‘‘(ii) in the case of a borrower of a Federal
                                              Health and Human Services shall pay, on a                 ‘‘(I) in the case of a Federal student loan          student loan defined in section 3502(a)(2)(C) or
                                              monthly basis, the amount of interest due on the        made, insured, or guaranteed under part B or D         made under part E of title IV of the Higher Edu-
                                              unpaid principal of such loan to the holder of          of the Higher Education Act of 1965, the repay-        cation of 1965, the borrower may be eligible to
                                              such loan.                                              ment period described in section 428(b)(7) of the      enroll in such a repayment plan if the borrower
                                                 ‘‘(D) PERIOD DESCRIBED.—                             Higher Education Act of 1965 (20 U.S.C.                consolidates such loan with a loan described in
                                                 ‘‘(i) IN GENERAL.—The period described in this       1078(b)(7));                                           clause (i) of this subparagraph, and receives a
                                              clause is the period beginning on March 13,               ‘‘(II) in the case of a Federal student loan         Federal Direct Consolidation Loan under part D
                                              2020, and ending on the later of—                       made under part E of the Higher Education Act          of the Higher Education of 1965 (20 U.S.C. 1087a
                                                 ‘‘(I) September 30, 2021; or                                                                                et seq.); and’’; and
                                                                                                      of 1965, the repayment period described in sec-
                                                 ‘‘(II) the day following the date of enactment                                                                (C) by adding at the end the following:
                                                                                                      tion 464(c)(4) of the Higher Education Act of
                                              of the Pandemic Education Response Act that is                                                                   ‘‘(3) in a case in which the accrual of interest
                                                                                                      1965 (20 U.S.C. 1087dd(c)(4)); or
                                              2 months after the national U–5 measure of                                                                     on Federal student loans is suspended under
                                                                                                        ‘‘(III) in the case of a Federal student loan
                                              labor underutilization shows initial signs of re-                                                              subsection (b)(1) beyond September 30, 2021, dur-
                                                                                                      defined in section 3502(a)(2)(C), the repayment
                                              covery.                                                                                                        ing the 2-month period beginning on the date on
                                                 ‘‘(ii) DEFINITIONS.—In this subparagraph:            period described in section 722(c) or 836(b)(2) of
                                                                                                      the Public Health Service Act (42 U.S.C. 292r(c),      which the national U–5 measure of labor under-
                                                 ‘‘(I) NATIONAL U–5 MEASURE OF LABOR UNDER-                                                                  utilization shows initial signs of recovery (as
                                              UTILIZATION.—The term ‘national U–5 measure             297b(b)(2)), as applicable.
                                                                                                        ‘‘(2) INTEREST REFUND IN LIEU OF RETRO-              such terms are defined in subsection (b)(1)(D))
                                              of labor underutilization’ means the seasonally-                                                               carry out a program to provide not less than 6
                                              adjusted, monthly U–5 measure of labor under-           ACTIVE APPLICABILITY.—By not later than 60
                                                                                                      days after the date of enactment of the Pan-           notices by postal mail, telephone, or electronic
                                              utilization published by the Bureau of Labor                                                                   communication to borrowers—
                                              Statistics.                                             demic Education Response Act, the Secretary or,
                                                                                                                                                               ‘‘(A) indicating when the interest on Federal
                                                 ‘‘(II) INITIAL SIGNS OF RECOVERY.—The term           as applicable, the Secretary of Health and
                                                                                                                                                             student loans of the borrower will resume ac-
                                              ‘initial signs of recovery’ means that the aver-        Human Services, shall, for each Federal student
                                                                                                                                                             crual and capitalization; and
                                              age national U–5 measure of labor underutiliza-         loan defined in subparagraph (B) or (C) of sec-
                                                                                                                                                               ‘‘(B) the information described in paragraph
                                              tion for months in the most recent 3-consecutive-       tion 3502(a)(2) for which interest was not paid
                                                                                                                                                             (2)(B).’’.
                                              month period for which data are available—              by such Secretary pursuant to paragraph (1)
                                                                                                                                                             SEC. 135. IMPLEMENTATION.
                                                 ‘‘(aa) is lower than the highest value of the        during the period beginning on March 13, 2020
                                                                                                      and ending on such date of enactment—                    Section 3513 of division A of the Coronavirus
                                              average national U–5 measure of labor under-
                                                                                                        ‘‘(A) determine the amount of interest due (or       Aid, Relief, and Economic Security Act (Public
                                              utilization for a 3-consecutive-month period
                                                                                                      that would have been due in the absence of             Law 116–136), as amended by this part, is fur-
                                              during the period beginning in March 2020 and
                                                                                                      being voluntarily paid by the holder of such           ther amended by adding at the end the fol-
                                              the most recent month for which data from the
                                                                                                      loan) on such loan during the period beginning         lowing:
                                              Bureau of Labor Statistics are available by an                                                                   ‘‘(i) IMPLEMENTATION.—
                                              amount that is equal to or greater than one-            March 13, 2020, and ending on such date of en-           ‘‘(1) INFORMATION VERIFICATION.—
                                              third of the difference between—                        actment; and                                             ‘‘(A) IN GENERAL.—To facilitate implementa-
                                                 ‘‘(AA) the highest value of the average na-            ‘‘(B) refund the amount of interest calculated       tion of this section, information for the purposes
                                              tional U–5 measure of labor underutilization for        under subparagraph (A), by—                            described in subparagraph (B), shall be re-
                                              a 3-consecutive-month period during such pe-              ‘‘(i) paying the holder of the loan the amount       ported—
                                              riod; and                                               of the interest calculated under subparagraph            ‘‘(i) by the holders of Federal student loans
                                                 ‘‘(BB) the value of the average national U–5         (A), to be applied to the loan balance for the         defined in section 3502(a)(2)(B) to the satisfac-
                                              measure of labor underutilization for the 3-con-        borrower of such loan; or                              tion of the Secretary; and
                                              secutive-month period ending in February 2020;            ‘‘(ii) if there is no outstanding balance or pay-      ‘‘(ii) by the holders of Federal student loans
                                              and                                                     ment due on the loan as of the date on which           defined in section 3502(a)(2)(C) to the satisfac-
                                                 ‘‘(bb) has decreased for each month during           the refund is to be provided, providing a pay-         tion of the Secretary of Health and Human
                                              the most recent 2 consecutive months for which          ment in the amount of the interest calculated          Services.
                                              data from the Bureau of Labor Statistics are            under subparagraph (A) directly to the bor-              ‘‘(B) PURPOSES.—The purposes of the infor-
                                              available.                                              rower.                                                 mation reported under subparagraph (A) are
                                                 ‘‘(E) OTHER DEFINITIONS.—In this paragraph:            ‘‘(3) SUSPENSION OF INTEREST CAPITALIZA-             to—
                                                 ‘‘(i) DEFAULT.—The term ‘default’—                   TION.—                                                   ‘‘(i) verify, at the borrower level, the pay-
                                                 ‘‘(I) in the case of a Federal student loan            ‘‘(A) IN GENERAL.—With respect to any Fed-           ments that are provided or suspended under this
                                              made, insured, or guaranteed under part B or D          eral student loan, interest that accrued but had       section; and
                                              of the Higher Education Act of 1965, has the            not been paid prior to March 13, 2020, and had           ‘‘(ii) calculate the amount of any interest due
                                              meaning given such term in section 435(l) of the        not been capitalized as of such date, shall not        to the holder for reimbursement of interest
                                              Higher Education Act of 1965 (20 U.S.C. 1085);          be capitalized.                                        under subsection (b).
                                                 ‘‘(II) in the case of a Federal student loan                                                                  ‘‘(2) COORDINATION.—The Secretary shall co-
                                                                                                        ‘‘(B) TRANSITION.—The Secretary or, as appli-
                                              made under part E of the Higher Education Act                                                                  ordinate with the Secretary of Health and
                                                                                                      cable, the Secretary of Health and Human Serv-
                                              of 1965, has the meaning given such term in sec-                                                               Human Services to carry out the provisions of
                                                                                                      ices, shall ensure that any interest on a Federal
                                              tion 674.2 of title 34, Code of Federal Regula-                                                                this section with respect to Federal student
                                                                                                      student loan that had been capitalized in viola-
                                              tions (or successor regulations); or                                                                           loans defined in section 3502(a)(2)(C).’’.
                                                                                                      tion of subparagraph (A) is corrected and the
                                                 ‘‘(III) in the case of a Federal student loan
                                                                                                      balance of principal and interest due for the          SEC. 136. EFFECTIVE DATE.
                                              defined in section 3502(a)(2)(C), has the mean-
                                                                                                      Federal student loan is adjusted accordingly.’’.         Except as otherwise provided, this part, and
                                              ing given such term in section 721 or 835 of the
                                              Public Health Service Act (42 U.S.C. 292q, 297a),       SEC. 134. NOTICE TO BORROWERS.                         the amendments made by this part, shall take
                                              as applicable.                                            Section 3513(g) of division A of the                 effect as if enacted as part of the Coronavirus
                                                 ‘‘(ii) GRACE PERIOD.—The term ‘grace period’         Coronavirus Aid, Relief, and Economic Security         Aid, Relief, and Economic Security Act (Public
                                              means—                                                  Act (Public Law 116–136) is amended—                   Law 116–136).
                                                 ‘‘(I) in the case of a Federal student loan            (1) in the matter preceding paragraph (1), by           PART 2—CONSOLIDATION LOANS AND
                                              made, insured, or guaranteed under part B or D          striking ‘‘the Secretary’’ and inserting ‘‘the Sec-       PUBLIC SERVICE LOAN FORGIVENESS




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                                              of the Higher Education Act of 1965, the 6-             retary or, as applicable, the Secretary of Health      SEC. 137. SPECIAL RULES RELATING TO FEDERAL
                                              month period after the date the student ceases          and Human Services,’’;                                             DIRECT CONSOLIDATION LOANS.
                                              to carry at least one-half the normal full-time           (2) in paragraph (1)(D), by striking the period        (a) SPECIAL RULES RELATING TO FEDERAL DI-
                                              academic workload, as described in section              and inserting a semicolon;                             RECT CONSOLIDATION LOANS AND PSLF.—
                                              428(b)(7) of the Higher Education Act of 1965 (20         (3) in paragraph (2)—                                  (1) PUBLIC SERVICE LOAN FORGIVENESS OPTION
                                              U.S.C. 1078(b)(7));                                       (A) in the matter preceding subparagraph (A),        ON CONSOLIDATION APPLICATION.—
                                                 ‘‘(II) in the case of a Federal student loan         by striking ‘‘August 1, 2020’’ and inserting ‘‘Au-       (A) IN GENERAL.—During the period described
                                              made under part E of the Higher Education Act           gust 1, 2021’’; and                                    in subsection (e), the Secretary shall—




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                                              H5246                                              CONGRESSIONAL RECORD — HOUSE                                                           October 1, 2020
                                                (i) include, in any application for a Federal         455(m)(3)(A) of the Higher Education Act of               (3) DEFINITIONS.—In this subsection:
                                              Direct Consolidation Loan under part D of title         1965); and                                                (A) COMPONENT LOAN; FEDERAL DIRECT CON-
                                              IV of the Higher Education Act of 1965 (20                 (ii) in the case of a subsequent consolidation      SOLIDATION      LOAN.—The      terms ‘‘component
                                              U.S.C. 1087a et seq,), an option for the borrower       loan, only includes loans for which the liability      loan’’ and ‘‘Federal Direct Consolidation Loan’’
                                              to indicate that the borrower intends to partici-       has been directly discharged by such subsequent        have the meanings given the terms in subsection
                                              pate in the public service loan forgiveness pro-        consolidation loan.                                    (a).
                                              gram under section 455(m) of such Act (20 U.S.C.           (C) FEDERAL DIRECT CONSOLIDATION LOAN.—                (B) QUALIFYING PAYMENT.—
                                              1087e(m)); and                                          The term ‘‘Federal Direct Consolidation Loan’’            (i) COMPONENT LOANS.—Subject to clause (ii),
                                                (ii) for each borrower who submits an applica-        means a Federal Direct Consolidation Loan              the term ‘‘qualifying monthly payment’’, used
                                              tion for a Federal Direct Consolidation Loan,           made under part D of title IV of the Higher            with respect to a component loan, means a
                                              without regard to whether the borrower indi-            Education Act of 1965 (20 U.S.C. 1087a et seq.).       monthly payment on such loan made by a bor-
                                              cates the intention described in clause (i)—               (D) QUALIFYING MONTHLY PAYMENT.—                    rower pursuant to—
                                                (I) request that the borrower submit a certifi-          (i) COMPONENT LOAN.—The term ‘‘qualifying              (I) a repayment plan under part B, D, or E of
                                              cation of employment; and                               monthly payment’’, used with respect to a com-         title IV of the Higher Education Act of 1965 (20
                                                (II) after receiving a complete certification of      ponent loan, means a monthly payment on such           U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.);
                                              employment—                                             loan made by a borrower, during a period of em-        or
                                                (aa) carry out the requirements of paragraph          ployment in a public service job (as defined in           (II) in the case of a loan made under subpart
                                              (2); and                                                section 455(m)(3)(B) of the Higher Education Act       II of part A of title VII of the Public Health
                                                (bb) inform the borrower of the number of             of 1965 (20 U.S.C. 1087e(m)(3)(B)) on or after Oc-     Service Act (42 U.S.C. 292q et seq.) or under part
                                              qualifying monthly payments made on the com-            tober 1, 2007, pursuant to—                            E of title VIII of the Public Health Service Act
                                              ponent loans before consolidation that shall be            (I) a repayment plan under part B, D, or E of       (42 U.S.C. 297a et seq.), a repayment plan under
                                              deemed, in accordance with paragraph (2)(D),            title IV of the Higher Education Act of 1965 (20       title VII or VIII of such Act.
                                              to be qualifying monthly payments made on the           U.S.C. 1071 et seq.; 1087a et seq.; 1087aa et seq.);      (ii) CLARIFICATION.—
                                              Federal Direct Consolidation Loan.                      or                                                        (I) ICR.—For purposes of determining the
                                                (B) HOLD HARMLESS.—The Secretary may not                 (II) in the case of a loan made under subpart       number of qualifying monthly payments made
                                              change or otherwise rescind a calculation made          II of part A of title VII of the Public Health         on a component loan pursuant to an income-
                                              under paragraph (2)(D) after informing the bor-         Service Act or under part E of title VIII of the       contingent repayment plan under section
                                              rower of the results of such calculation under          Public Health Service Act, a repayment plan            455(d)(1)(D) of the Higher Education Act of 1965
                                              subparagraph (A)(ii)(II)(bb).                           under title VII or VIII of such Act.                   (20 U.S.C. 1087e(d)(1)(D)), each month a bor-
                                                (2) PROCESS TO DETERMINE QUALIFYING PAY-                 (ii) FEDERAL DIRECT CONSOLIDATION LOAN.—            rower is determined to meet the requirements of
                                              MENTS FOR PURPOSES OF PSLF.—Upon receipt of             The term ‘‘qualifying monthly payment’’, used          section 455(e)(7)(B)(i) of such Act with respect to
                                              a complete certification of employment under            with respect to a Federal Direct Consolidation         such loan shall be treated as such a qualifying
                                              paragraph (1)(A)(ii)(II) of a borrower who re-          Loan, means a monthly payment on such loan             monthly payment.
                                              ceives a Federal Direct Consolidation Loan de-          that counts as 1 of the 120 monthly payments              (II) IBR.—For purposes of determining the
                                              scribed in paragraph (1)(A), the Secretary              described in section 455(m)(1)(A) of the Higher        number of qualifying monthly payments made
                                              shall—                                                  Education Act of 1965 (20 U.S.C. 1087e(m)(3)(B)).      on a component loan pursuant to an income-
                                                (A) review the borrower’s payment history to             (b) SPECIAL RULES RELATING TO FEDERAL DI-
                                                                                                                                                             based repayment plan under section 493C of
                                              identify each component loan of such Federal            RECT CONSOLIDATION LOANS AND ICR AND
                                                                                                                                                             such Act (20 U.S.C. 1098e), each month a bor-
                                              Direct Consolidation Loan;                              IBR.—
                                                                                                                                                             rower was determined to meet the requirements
                                                (B) for each such component loan—                        (1) IN GENERAL.—During the period described
                                                                                                                                                             of subsection (b)(7)(B) of such section 493C with
                                                (i) calculate the weighted factor of the compo-       in subsection (e), with respect to a borrower who
                                                                                                                                                             respect to such loan shall be treated as such a
                                              nent loan, which shall be the factor that rep-          receives a Federal Direct Consolidation Loan
                                                                                                                                                             qualifying monthly payment.
                                              resents the portion of such Federal Direct Con-         and who intends to repay such loan under an
                                                                                                                                                                (iii) FEDERAL DIRECT CONSOLIDATION LOANS.—
                                              solidation Loan that is attributable to such com-       income-contingent repayment plan under sec-
                                                                                                                                                             The term ‘‘qualifying monthly payment’’, used
                                              ponent loan; and                                        tion 455(d)(1)(D) of the Higher Education Act of
                                                                                                                                                             with respect to a Federal Direct Consolidation
                                                (ii) determine the number of qualifying               1965 (20 U.S.C. 1087e(d)(1)(D)) or an income-
                                                                                                                                                             Loan, means a monthly payment on such loan
                                              monthly payments made on such component                 based repayment plan under section 493C of
                                                                                                                                                             that counts as a monthly payment under an in-
                                              loan before consolidation;                              such Act (20 U.S.C. 1098e), the Secretary shall—
                                                (C) calculate the number of qualifying month-                                                                come-contingent repayment plan under section
                                                                                                         (A) review the borrower’s payment history to
                                              ly payments determined under subparagraph                                                                      455(d)(1)(D) of the Higher Education Act of 1965
                                                                                                      identify each component loan of such Federal
                                              (B)(ii) with respect to a component loan that                                                                  (20 U.S.C. 1087e(d)(1)(D)), or an income-based
                                                                                                      Direct Consolidation Loan;
                                              shall be deemed as qualifying monthly payments                                                                 repayment plan under section 493C of the High-
                                                                                                         (B) for each such component loan—
                                              made on the Federal Direct Consolidation Loan              (i) calculate the weighted factor of the compo-     er Education Act of 1965 (20 U.S.C. 1098e).
                                              by multiplying—                                         nent loan, which shall be the factor that rep-            (c) NOTIFICATION TO BORROWERS.—
                                                (i) the weighted factor of such component             resents the portion of such Federal Direct Con-           (1) IN GENERAL.—During the period described
                                              loan as determined under subparagraph (B)(i),           solidation Loan that is attributable to such com-      in subsection (e), the Secretary and the Sec-
                                              by                                                      ponent loan; and                                       retary of Health and Human Services shall un-
                                                (ii) the number of qualifying monthly pay-               (ii) determine the number of qualifying             dertake a campaign to alert borrowers of a loan
                                              ments made on such component loan as deter-             monthly payments made on such component                described in paragraph (2)—
                                              mined under subparagraph (B)(ii); and                   loan before consolidation;                                (A) on the benefits of consolidating such loans
                                                (D) calculate the total number of qualifying             (C) calculate the number of qualifying month-       into a Federal Direct Consolidation Loan, in-
                                              monthly payments with respect to the compo-             ly payments determined under subparagraph              cluding the benefits of the special rules under
                                              nent loans of the Federal Direct Consolidation          (B)(ii) with respect to a component loan that          subsections (a) and (b) of this section; and
                                              Loan that shall be deemed as qualifying month-          shall be deemed as qualifying monthly payments            (B) under which servicers and holders of Fed-
                                              ly payments made on such Federal Direct Con-            made on the Federal Direct Consolidation Loan          eral student loans shall provide to borrowers
                                              solidation Loan by—                                     by multiplying—                                        such consumer information, and in such man-
                                                (i) adding together the result of each calcula-          (i) the weighted factor of such component           ner, as determined appropriate by the Secre-
                                              tion made under subparagraph (C) with respect           loan as determined under subparagraph (B)(i),          taries, based on conducting consumer testing to
                                              to each such component loan; and                        by                                                     determine how to make the information as
                                                (ii) rounding the number determined under                (ii) the number of qualifying monthly pay-          meaningful to borrowers as possible.
                                              clause (i) to the nearest whole number.                 ments made on such component loan as deter-               (2) FEDERAL STUDENT LOANS.—A loan de-
                                                (3) DEFINITIONS.—For purposes of this sub-            mined under subparagraph (B)(ii); and                  scribed in this paragraph is—
                                              section:                                                   (D) calculate and inform the borrower of the           (A) a loan made under subpart II of part A of
                                                (A) CERTIFICATION OF EMPLOYMENT.—The                  total number of qualifying monthly payments            title VII of the Public Health Service Act or
                                              term ‘‘certification of employment’’, used with         with respect to the component loans of the Fed-        under part E of title VIII of such Act; or
                                              respect to a borrower, means a certification of         eral Direct Consolidation Loan that shall be              (B) a loan made under part E of the Higher
                                              the employment of the borrower in a public serv-        deemed as qualifying monthly payments made             Education Act of 1965.
                                              ice job (as defined in section 455(m)(3)(B) of the      on such Federal Direct Consolidation Loan by—             (d) SPECIAL RULE FOR INTEREST ON FEDERAL
                                              Higher Education Act of 1965) on or after Octo-            (i) adding together the result of each calcula-     DIRECT CONSOLIDATION LOANS.—Any Federal
                                              ber 1, 2007.                                            tion made under subparagraph (C) with respect          Direct Consolidation Loan for which the appli-




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                                                (B) COMPONENT LOAN.—The term ‘‘component              to each such component loan; and                       cation is received during the period described in
                                              loan’’, used with respect to a Federal Direct              (ii) rounding the number determined under           subsection (e), shall bear interest at an annual
                                              Consolidation Loan, means each loan for which           clause (i) to the nearest whole number.                rate as calculated under section 455(b)(8)(D) of
                                              the liability has been discharged by the proceeds          (2) HOLD HARMLESS.—The Secretary may not            the Higher Education Act of 1965 (20 U.S.C.
                                              of the Federal Direct Consolidation Loan,               change or otherwise rescind a calculation made         1087e(b)(8)(D)), without regard to the require-
                                              which—                                                  under paragraph (1)(D) after informing the bor-        ment to round the weighted average of the inter-
                                                (i) may include a loan that is not an eligible        rower of the results of such calculation under         est rate to the nearest higher one-eighth of one
                                              Federal Direct Loan (as defined in section              such paragraph.                                        percent.




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                         H5247
                                                (e) PERIOD.—The period described in this                 (iii) identify the statutory authority under         Secretary to waive or modify any provision of
                                              clause is the period beginning on the date of en-       which the flexibility is provided;                      law.
                                              actment of this Act, and ending on the later of—           (iv) identify the class of covered entities to          (b) REPORTS ON EXERCISE OF CARES ACT
                                                (1) September 30, 2021; or                            which the flexibility will apply;                       WAIVERS BY INSTITUTIONS OF HIGHER EDU-
                                                (2) the day following the date of enactment of           (v) identify whether a covered entity will need      CATION.—Not later than 30 days after the date
                                              this Act that is 2 months after the national U–         to request the flexibility or whether the flexi-        of enactment of this Act, each institution of
                                              5 measure of labor underutilization shows initial       bility will be applied without request;                 higher education that exercises an authority
                                              signs of recovery (as such terms are defined in            (vi) in the case of a flexibility that requires a    provided under section 3503(b), section 3504, sec-
                                              section 3513(b) of the Coronavirus Aid, Relief,         covered entity to request the flexibility, identify     tion 3505, section 3508(d), section 3509, or section
                                              and Economic Security Act (Public Law 116–              the factors the Secretary will consider in ap-          3517(b) of the CARES Act (Public Law 116–136)
                                              136), as amended by this Act)).                         proving or denying the flexibility;                     shall submit to the Secretary a report that de-
                                                (f) GAO STUDY ON IMPLEMENTATION OF SPE-                  (vii) explain how the flexibility is expected to     scribes the nature and extent of the institution’s
                                              CIAL RULES ON CONSOLIDATION.—Not later than             benefit the covered entity or class of covered en-      exercise of such authorities, including the num-
                                              6 months after the date of enactment of this Act,       tities to which it applies; and                         ber of students and amounts of aid provided
                                              the Comptroller General of the United States               (viii) explain the reasons the flexibility is nec-   under title IV of the Higher Education Act of
                                              shall submit a report to the authorizing commit-        essary and appropriate due to COVID–19.                 1965 (20 U.S.C. 1070 et seq.) affected by the exer-
                                              tees (defined in section 103 of the Higher Edu-            (2) QUARTERLY REPORTS.—Not later than 10             cise of such authorities, as applicable.
                                              cation Act of 1965 (20 U.S.C. 1003) on the imple-       days after the end of each fiscal quarter for the          (c) REPORTS ON CHANGES TO CONTRACTS AND
                                              mentation of this section, which shall include—         duration of the qualifying emergency through            AGREEMENTS.—Not later than 10 days after the
                                                (1) information on borrowers who apply for or         the end of the first fiscal year beginning after        end of each fiscal quarter for the duration of
                                              receive a Federal Direct Consolidation Loan             the conclusion of such qualifying emergency,            the qualifying emergency through the end of the
                                              under part D of the Higher Education Act of             the Secretary shall submit to the authorizing           first fiscal year beginning after the conclusion
                                              1965 during the period described in subsection          committees a report that includes, with respect         of such qualifying emergency, the Secretary
                                              (e), disaggregated—                                     to flexibilities described in paragraph (4) that        shall submit to the authorizing committees a re-
                                                (A) by borrowers who intend to participate in         have been issued by the Secretary in the most           port that includes, for the most recently ended
                                              the public service loan forgiveness program             recently ended fiscal quarter, the following:           fiscal quarter—
                                              under section 455(m) of such Act (20 U.S.C.                (A) In the case of a flexibility that was issued        (1) a summary of all modifications to any con-
                                              1087e(m)); and                                          by the Secretary without request from a covered         tracts with Department of Education contrac-
                                                (B) by borrowers who intend to repay such             entity, an explanation of all requirements, in-         tors relating to Federal student loans, includ-
                                              loans on an income-contingent repayment plan            cluding reporting requirements, that the Sec-           ing—
                                              under section 455(d)(1)(D) of the Higher Edu-           retary imposed on the covered entity as a condi-           (A) the contractual provisions that were modi-
                                              cation Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or        tion of the flexibility.                                fied;
                                              an income-based repayment plan under section               (B) In the case of a flexibility for which a cov-       (B) the names of all contractors affected by
                                              493C of such Act (20 U.S.C. 1098e);                     ered entity requested and received specific ap-         the modifications; and
                                                (2) the extent to which the Secretary has es-         proval from the Secretary—                                 (C) estimates of any costs or savings resulting
                                              tablished procedures for carrying out sub-                 (i) identification of the covered entity that re-    from the modifications;
                                                                                                      ceived the flexibility;                                    (2) a summary of all amendments, addendums,
                                              sections (a) and (b);
                                                                                                         (ii) an explanation of the specific reasons for      or other modifications to program participation
                                                (3) the extent to which the Secretary and the
                                                                                                      approval of the request;                                agreements with institutions of higher education
                                              Secretary of Health and Human Services have
                                                                                                         (iii) a detailed description of the terms of the     under section 487 of the Higher Education Act
                                              carried out the notification to borrowers re-
                                                                                                      flexibility, including—                                 of 1965 (20 U.S.C. 1094), any provisional pro-
                                              quired under subsection (c); and
                                                                                                         (I) a description of any limitations on the          gram participation agreements entered into
                                                (4) recommendations on improving the imple-
                                                                                                      flexibility; and                                        under such section, including—
                                              mentation of this section to ensure increased                                                                      (A) any provisions of such agreements that
                                              borrower participation.                                    (II) identification of each provision of law (in-
                                                                                                      cluding regulation and subregulatory guidance)          were modified by the Department of Education;
                                              SEC. 138. TREATMENT OF PSLF.                                                                                    and
                                                                                                      that is waived or modified and, for each such
                                                (a) EXCEPTION FOR PURPOSES OF PSLF LOAN                                                                          (B) the number of institutions of higher edu-
                                                                                                      provision, the statutory authority under which
                                              FORGIVENESS.—Section 455(m)(1)(B) of the High-                                                                  cation that received such modifications or en-
                                                                                                      the flexibility was provided; and
                                              er Education Act of 1965 (20 U.S.C.                                                                             tered     into   such    provisional   agreements,
                                                                                                         (iv) a copy of the final document granting the
                                              1087e(m)(1)(B)) shall apply as if clause (i) were                                                               disaggregated by—
                                                                                                      flexibility.
                                              struck.                                                                                                            (i) status as a four-year, two-year, or less-
                                                                                                         (C) In the case of any request for a flexibility
                                                (b) HEALTH CARE PRACTITIONER.—In section                                                                      than-two-year public institution, private non-
                                                                                                      that was denied by the Secretary—
                                              455(m)(3)(B)(i) of the Higher Education Act of                                                                  profit institution, or proprietary institution; and
                                                                                                         (i) identification of the covered entity or enti-
                                              1965 (20 U.S.C. 1087e(m)(3)(B)(i)), the term ‘‘full-                                                               (ii) each category of minority-serving institu-
                                                                                                      ties that were denied a flexibility;
                                              time professionals engaged in health care practi-                                                               tion described in section 371(a) of the Higher
                                                                                                         (ii) a detailed description of the terms of the
                                              tioner occupations’’ includes an individual                                                                     Education Act (20 U.S.C. 1067q); and
                                                                                                      request for the flexibility; and                           (3) sample copies of program participation
                                              who—
                                                                                                         (iii) an explanation of the specific reasons for     agreements (including provisional agreements),
                                                (1) has a full-time job as a health care practi-
                                                                                                      denial of the request.                                  selected at random from among the agreements
                                              tioner;
                                                                                                         (3) REPORT ON FLEXIBILITIES GRANTED BEFORE           described in paragraph (2), including at least
                                                (2) provides medical services in such full-time
                                                                                                      ENACTMENT.—Not later than 30 days after the
                                              job at a nonprofit hospital or public hospital or                                                               one agreement from each type of institution
                                                                                                      date of enactment of this Act, the Secretary            (whether a public institution, private nonprofit
                                              other nonprofit or public health care facility;
                                                                                                      shall submit to the authorizing committees a re-        institution, or proprietary institution) that re-
                                              and
                                                                                                      port that—                                              ceived a modified or provisional agreement.
                                                (3) is prohibited by State law from being em-
                                                                                                         (A) identifies each flexibility described in            (d) REPORT TO CONGRESS.—
                                              ployed directly by such hospital or other health
                                                                                                      paragraph (4) that was granted by the Secretary            (1) IN GENERAL.—Not later than 90 days after
                                              care facility.
                                                                                                      between March 13, 2020, and the date of enact-          the date of enactment of this Act, the Secretary
                                                      Subtitle D—Protecting Students                  ment of this Act; and                                   shall submit to the authorizing committees a re-
                                              SEC. 141. NOTIFICATIONS AND REPORTING RE-                  (B) with respect to each such flexibility, pro-      port that includes the following:
                                                          LATING TO HIGHER EDUCATION.                 vides the information specified in paragraph               (A) A summary of the reports received by the
                                                (a) NOTIFICATION OF NON-CARES ACT FLEXI-              (1)(B).                                                 Secretary under subsection (b).
                                              BILITIES.—                                                 (4) FLEXIBILITY DESCRIBED.—A flexibility de-            (B) A description of—
                                                (1) NOTICE TO CONGRESS.—                              scribed in this paragraph is modification or               (i) the Secretary’s use of the authority under
                                                (A) IN GENERAL.—Not later than two days be-           waiver of any provision of the Higher Education         section 3506 of the CARES Act (Public Law 116–
                                              fore the date on which the Secretary grants a           Act of 1965 (20 U.S.C. 1001 et seq.) (including         136) to adjust subsidized loan usage limits, in-
                                              flexibility described in paragraph (4), the Sec-        any regulation or subregulatory guidance issued         cluding the total number of students and the
                                              retary shall—                                           under such a provision) that the Secretary de-          total amount of subsidized loans under title IV
                                                 (i) submit to the authorizing committees a           termines to be necessary and appropriate to             of the Higher Education Act of 1965 (20 U.S.C.
                                              written notification of the Secretary’s intent to       modify or waive due to COVID–19, other than a           1070 et seq.) affected by the Secretary’s use of
                                              grant such flexibility; and                             provision of the Higher Education Act of 1965           such authority;
                                                 (ii) publish the notification on a publicly ac-      that the Secretary is specifically authorized to           (ii) the Secretary’s use of the authority under




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                                              cessible website of the Department of Education.        modify or waive pursuant to the CARES Act               section 3507 of the CARES Act (Public Law 116–
                                                 (B) ELEMENTS.—Each notification under sub-           (Public Law 116–136).                                   136) to exclude certain periods from the Federal
                                              paragraph (A) shall—                                       (5) PRIVACY.—The Secretary shall ensure that         Pell Grant duration limit, including the total
                                                 (i) identify the provision of law, regulation, or    any report or notification submitted under this         number of students and the total amount of
                                              subregulatory guidance to which the flexibility         subsection does not reveal personally identifi-         Federal Pell Grants under section 401 of the
                                              will apply;                                             able information about an individual student.           Higher Education Act of 1965 (20 U.S.C. 1070a)
                                                 (ii) identify any limitations on the flexibility,       (6) RULE OF CONSTRUCTION.—Nothing in this            affected by the Secretary’s use of such author-
                                              including any time limits;                              subsection shall be construed to authorize the          ity; and




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                                              H5248                                              CONGRESSIONAL RECORD — HOUSE                                                           October 1, 2020
                                                 (iii) the Secretary’s use of the authority under        (F) A summary of the information required to        subject to a sanction determined by the Sec-
                                              section 3508 of the CARES Act (Public Law 116–          be reported to the authorizing committees under        retary of Education under section 487(c) of the
                                              136) to waive certain requirements for the return       section 3517(c) and section 3518(c) of the CARES       Higher Education Act of 1965 (20 U.S.C. 1094(c));
                                              of Federal funds, including—                            Act (Public Law 116–136), as amended by this           and
                                                 (I) in the case of waivers issued to students        Act, regardless of whether such information has          (4) provide to the authorizing committees (as
                                              under such section, the total number of students        previously been reported to such committees as         defined in section 103 of the Higher Education
                                              and the total amount of aid under title IV of the       of the date of the report under this subsection.       Act of 1965 (20 U.S.C. 1003)), and make available
                                              Higher Education Act of 1965 (20 U.S.C. 1070 et            (G) A copy of any communication from the            to the public, an annual report on—
                                              seq.) affected by the Secretary’s use of such au-       Department of Education to grantees and Fed-             (A) the findings of investigations described in
                                              thority; and                                            eral student loan borrowers eligible for rights        paragraph (1); and
                                                 (II) in the case of waivers issued to institu-       and benefits under section 3519 of the CARES             (B) the applicable sanctions imposed on insti-
                                              tions of higher education under such section,           Act (Public Law 116–136) to inform such grant-         tutions found in violation of the provisions de-
                                              the total number of students and the total              ees and borrowers of their eligibility for such        scribed in paragraph (1).
                                              amount of aid under title IV of the Higher Edu-         rights and benefits.                                     (b) NOTICE OF INCENTIVE PAYMENT BAN.—
                                              cation Act of 1965 (20 U.S.C. 1070 et seq.) af-            (2) DUTY OF HHS.—The Secretary of Health            During the covered period, each institution of
                                              fected by the Secretary’s use of such authority.        and Human Services shall provide to the Sec-           higher education participating in a program
                                                 (C) A summary of the information required to         retary of Education the information necessary          under title IV of the Higher Education Act of
                                              be reported to the authorizing committees under         for the Secretary of Education to comply with          1965 (20 U.S.C. 1070 et seq.) shall—
                                              sections 3510 and 3512 of the CARES Act (Public         paragraph (1)(D).                                        (1) provide notice of the ban on prohibited in-
                                              Law 116–136), as amended by this Act, regard-              (e) AMENDMENTS TO CARES ACT REPORTING               centive payment (including commissions and bo-
                                              less of whether such information has previously         REQUIREMENTS.—                                         nuses) under section 487(a)(20) of such Act (20
                                              been reported to such committees as of the date            (1) REPORTING REQUIREMENT FOR HBCU CAP-             U.S.C. 1094(a)(20)) (and accompanying regula-
                                              of the report under this subsection.                    ITAL    FINANCING     LOAN   DEFERMENT.—Section        tions) upon hiring an employee or entering into
                                                 (D) Information relating to the temporary re-        3512(c) of the CARES Act (Public Law 116–136)          a contract with a third party contractor, and at
                                              lief for Federal student loan borrowers provided        is amended by striking the period at the end and       least once per calendar year to employees and
                                              under section 3513 of the CARES Act (Public             inserting ‘‘, the terms of the loans deferred, and     third-party contractors of the institution; and
                                              Law 116–136), including—                                the schedule for repayment of the deferred loan          (2) publish a clear statement in all internal re-
                                                 (i) with respect to the notifications required       amount.’’.                                             cruitment materials, including guides or manu-
                                              under subsection (g)(1) of such section—                   (2) REPORTING REQUIREMENT FOR INSTITU-              als, acknowledging such ban.
                                                 (I) the total number of individual notifications     TIONAL AID MODIFICATIONS.—Section 3517(c) of             (c) SUNSET.—For purposes of this section, the
                                              sent to borrowers in accordance with such sub-          the CARES Act (Public Law 116–136) is amended          term ‘‘covered period’’ means the period begin-
                                              section, disaggregated by electronic, postal, and       by striking the period at the end and inserting        ning on the date of enactment of this Act and
                                              telephonic notifications;                               ‘‘, identifies the statutory provision waived or       ending on the date on which subpart 3 of part
                                                 (II) the total number of notifications described     modified, and describes the terms of the waiver        H of title IV of the Higher Education (20 U.S.C.
                                              in clause (i) that were sent within the 15-day          or modification received by the institution.’’.        1099c) is amended or repealed.
                                              period specified in such subsection; and                   (3) REPORTING REQUIREMENT FOR GRANT MODI-
                                                                                                                                                                 TITLE II—IMPACT AID AND MIGRANT
                                                 (III) the actual costs to the Department of          FICATIONS.—Section 3518(c) of the CARES Act
                                                                                                                                                                  EDUCATION CORONAVIRUS RELIEF
                                              Education of making the notifications under             (Public Law 116–136) is amended by striking the
                                                                                                      period at the end and inserting ‘‘and describes        SEC. 201. IMPACT AID.
                                              such subsection;
                                                 (ii) the projected costs to the Department of        the terms of the modification received by the in-        Due to the national emergency declared by the
                                              Education of making the notifications required          stitution or other grant recipient.’’.                 President under the National Emergencies Act
                                              under subsection (g)(2) of such section;                   (f) DEFINITIONS.—In this section:                   (50 U.S.C. 1601 et seq.) on March 13, 2020, with
                                                 (iii) the number of Federal student loan bor-           (1) The term ‘‘covered entity’’ means an insti-     respect to the coronavirus, and notwithstanding
                                              rowers who have affirmatively opted-out of pay-         tution of higher education, a Federal con-             sections 7002(j) and 7003(c) of the Elementary
                                              ment suspension under subsection (a) of such            tractor, a student, or any other entity that is        and Secondary Education Act of 1965 (20 U.S.C.
                                              section;                                                subject to the Higher Education Act of 1965 (20        7702(j), 7703(c)), a local educational agency de-
                                                 (iv) the number of individual notifications          U.S.C. 1001 et seq.).                                  siring to receive a payment under section 7002 or
                                                                                                         (2) The term ‘‘Federal student loan’’ means a       7003 of such Act (20 U.S.C. 7702, 7703) for fiscal
                                              sent to employers directing the employers to halt
                                                                                                      loan described in section 3502(a)(2) of the            year 2022 that also submitted an application for
                                              wage garnishment pursuant to subsection (e) of
                                                                                                      CARES Act (Public Law 116–136), as amended             such payment for fiscal year 2021 shall, in the
                                              such section, disaggregated by electronic, postal,
                                                                                                      by this Act.                                           application submitted under section 7005 of such
                                              and telephonic notifications;
                                                                                                      SEC. 142. PROTECTING STUDENTS FROM PREDA-              Act (20 U.S.C. 7705) for fiscal year 2022—
                                                 (v) the number of Federal student loan bor-
                                                                                                                  TORY RECRUITMENT.                            (1) with respect to a requested payment under
                                              rowers who have had their wages garnished
                                                                                                        (a) UNDERCOVER AND AUDIT-BASED INVESTIGA-            section 7002 of such Act (20 U.S.C. 7702)—
                                              pursuant to section 488A of the Higher Edu-
                                                                                                      TIONS.—During the covered period, in carrying            (A) use the data described in subsection (j) of
                                              cation Act of 1965 (20 U.S.C. 1095a) or section
                                                                                                      out the provisions of subpart 3 of part H of title     such section 7002 relating to calculating such
                                              3720D of title 31, United States Code, between
                                                                                                      IV of such Act (20 U.S.C. 1099c et seq.), includ-      payment that was submitted by the local edu-
                                              March 13, 2020, and the date of the date of en-
                                                                                                      ing paragraphs (1) and (2) of section 498A(a) of       cational agency in the application for fiscal
                                              actment of this Act;
                                                                                                      the Higher Education Act of 1965 (20 U.S.C.            year 2021; or
                                                 (vi) the number of Federal student loan bor-
                                                                                                      1099c–1(a)), the Secretary of Education shall—           (B) use the data relating to calculating such
                                              rowers subject to interest capitalization as a re-
                                                                                                        (1) conduct regular undercover and audit-            payment for the fiscal year required under such
                                              sult of consolidating Federal student loans since
                                                                                                      based investigations for the purpose of encour-        subsection (j); and
                                              March 13, 2020, and the total amount of such in-
                                                                                                      aging the ethical treatment of students and pro-         (2) with respect to a requested payment under
                                              terest capitalization;
                                                                                                      spective students and detecting fraud and abuse        section 7003 of such Act (20 U.S.C. 7703)—
                                                 (vii) the average daily call wait times and call
                                                                                                      in the Federal student aid programs, includ-             (A) use the student count data relating to cal-
                                              drop rates, disaggregated by student loan
                                                                                                      ing—                                                   culating such payment that was submitted by
                                              servicer, for the period between March 13, 2020,          (A) violations described in section 487(c)(3) of
                                              and the date of enactment of this Act; and                                                                     the local educational agency in the application
                                                                                                      the Higher Education Act of 1965 (20 U.S.C.            for fiscal year 2021, except that payments for fis-
                                                 (viii) the estimated or projected savings to the
                                                                                                      1094(c)(3));                                           cal year 2022 shall be calculated by the Sec-
                                              Department of Education for student loan serv-            (B) violations of section 487(a)(20) of such Act
                                              icing activities for the period beginning on                                                                   retary using the expenditures and rates de-
                                                                                                      (20 U.S.C. 1094(a)(20));                               scribed in clauses (i), (ii), (iii), and (iv) of sub-
                                              March 13, 2020, and ending on September 30,               (C) violations described in subparagraphs (A)
                                              2020, due to lower reimbursement or contract                                                                   section (b)(1)(C) of such section 7003 that would
                                                                                                      and (B) by any entity with which the institu-          otherwise apply for fiscal year 2022; or
                                              costs per account for student loan servicers and        tion has contracted for student recruitment or
                                              private collection agencies resulting from the                                                                   (B) use the student count data relating to cal-
                                                                                                      admission activities; and                              culating such payment for the fiscal year re-
                                              suspension of Federal student loan payments               (D) violations of subsection (b) of this section;
                                              and halt to collection activities under the                                                                    quired under subsection (c) of such section 7003.
                                                                                                        (2) develop written guidelines for the inves-
                                              CARES Act (Public Law 116–136).                         tigations described in paragraph (1)—                  SEC. 202. EDUCATION OF MIGRATORY CHILDREN.
                                                 (E) Information relating to the special rules          (A) in accordance with commonly-accepted               Due to the national emergency declared by the
                                              relating to Federal Direct Consolidation Loans          practices for undercover operations by Office of       President under the National Emergencies Act
                                              under section 137 of this Act, including—               Inspector General of the Department of Edu-            (50 U.S.C. 1601 et seq.) on March 13, 2020, with




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                                                 (i) the number of borrowers who submitted an         cation; and                                            respect to the coronavirus, and notwithstanding
                                              application for a Federal Direct Consolidation            (B) in consultation with other relevant agen-        subsections (a)(1) and (f)(1) of section 1303 of
                                              Loan;                                                   cies, including the Department of Justice, Fed-        the Elementary and Secondary Education Act of
                                                 (ii) the number of borrowers who received a          eral Trade Commission, Consumer Financial              1965 (20 U.S.C. 6393), for the purposes of making
                                              Federal Direct Consolidation Loan; and                  Protection Bureau, and the Office of Inspector         determinations under subsections (a)(1) and (f)
                                                 (iii) the wait time between submitting an ap-        General of the Department of Education;                of such section 1303 for fiscal year 2021 and all
                                              plication and receiving a Federal Direct Con-             (3) ensure that institutions found in violation      subsequent fiscal years for which school year
                                              solidation Loan.                                        of the provisions under paragraph (1) shall be         2019–2020 data would be used in the calculations




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                                              October 1, 2020                                    CONGRESSIONAL RECORD — HOUSE                                                                        H5249
                                              under section 1303(a)(1) of such Act (20 U.S.C.            (2) The last day of the national emergency re-      tions 101(2)(A) and 101(2)(B)(ii)’’ and inserting
                                              6393(a)(1)) , the Secretary of Education shall use      ferred to in subsection (a).                           ‘‘section 101(2)’’.
                                              school year 2018–2019 or school year 2019–2020             (c) STREAMLINED PROCESS.—The Secretary of              (b)        EMPLOYER         THRESHOLD.—Section
                                              data, whichever data are greater, wherever              Education shall create a streamlined application       110(a)(1)(B) is amended by striking ‘‘fewer than
                                              school year 2019–2020 data otherwise would be           process to request a waiver under this section,        500 employees’’ and inserting ‘‘1 or more employ-
                                              required.                                               and the Secretary may grant such waiver if the         ees’’.
                                                 TITLE III—CAREER, TECHNICAL, AND                     Secretary determines that the waiver is nec-              (c) PARENT.—Section 110(a)(1) is amended by
                                                             ADULT EDUCATION                          essary and appropriate.                                adding at the end the following:
                                                                                                         (d) LIMITATION.—Nothing in this section shall          ‘‘(C) PARENT.—In lieu of the definition in sec-
                                              SEC. 301. DEFINITIONS.
                                                                                                      be construed to allow the Secretary to waive           tion 101(7), the term ‘parent’, with respect to an
                                                In this subtitle:                                     any statutory or regulatory requirements under         employee, means any of the following:
                                                (1) CORONAVIRUS.—The term ‘‘coronavirus’’             applicable civil rights laws.                             ‘‘(i) A biological, foster, or adoptive parent of
                                              means coronavirus as defined in section 506 of             (e) REPORTING AND PUBLICATION.—                     the employee.
                                              the Coronavirus Preparedness and Response                  (1) PUBLIC NOTICE.—A State requesting a                ‘‘(ii) A stepparent of the employee.
                                              Supplemental Appropriations Act, 2020 (Public           waiver under this section shall provide the pub-          ‘‘(iii) A parent-in-law of the employee.
                                              Law 116–123).                                           lic notice of, and the opportunity to comment             ‘‘(iv) A parent of a domestic partner of the
                                                (2) COVID–19 NATIONAL EMERGENCY.—The                  on, the request by posting on the State website        employee.
                                              term ‘‘COVID–19 national emergency’’ means              information regarding the waiver request and              ‘‘(v) A legal guardian or other person who
                                              the national emergency declared by the Presi-           the process for commenting.                            stood in loco parentis to an employee when the
                                              dent under the National Emergencies Act (50                (2) NOTIFYING CONGRESS.—Not later than 7            employee was a child.’’.
                                              U.S.C. 1601 et seq.) on March 13, 2020, with re-        days after—                                               (d) QUALIFYING NEED RELATED TO A PUBLIC
                                              spect to the coronavirus.                                  (A) receiving a waiver request from a State         HEALTH EMERGENCY.—Section 110(a)(2)(A) is
                                              SEC. 302. COVID–19 CAREER AND TECHNICAL                 under this section, the Secretary of Education         amended to read as follows:
                                                         EDUCATION RESPONSE FLEXIBILITY.              shall notify the Committee on Health, Edu-                ‘‘(A) QUALIFYING NEED RELATED TO A PUBLIC
                                                (a) POOLING OF FUNDS.—An eligible recipient           cation, Labor, and Pensions of the Senate, the         HEALTH EMERGENCY.—The term ‘qualifying need
                                              may, in accordance with section 135(c) of the           Committee on Appropriations of the Senate, the         related to a public health emergency’, with re-
                                              Carl D. Perkins Career and Technical Edu-               Committee on Education and Labor of the                spect to leave, means that the employee is un-
                                              cation Act of 2006 (20 U.S.C. 2355(c)), pool a por-     House of Representatives, and the Committee on         able to perform the functions of the position of
                                              tion of funds received under such Act with a            Appropriations of the House of Representatives         such employee due to a need for leave for any
                                              portion of funds received under such Act avail-         of such waiver request; and                            of the following:
                                              able to one or more eligible recipients to support         (B) granting a waiver under this section, the          ‘‘(i) To self-isolate because the employee is di-
                                              the transition from secondary education to post-        Secretary of Education shall notify the Com-           agnosed with COVID–19.
                                              secondary education or employment for CTE               mittee on Health, Education, Labor, and Pen-              ‘‘(ii) To obtain a medical diagnosis or care if
                                              participants whose academic year was inter-             sions of the Senate, the Committee on Appro-           such employee is experiencing the symptoms of
                                              rupted by the COVID–19 national emergency.              priations of the Senate, the Committee on Edu-         COVID–19.
                                                (b) PROFESSIONAL DEVELOPMENT.—During the              cation and Labor of the House of Representa-              ‘‘(iii) To comply with a recommendation or
                                              COVID–19 national emergency, section 3(40)(B)           tives, and the Committee on Appropriations of          order by a public official with jurisdiction or a
                                              of the Carl D. Perkins Career and Technical             the House of Representatives of such waiver.           health care provider to self isolate, without re-
                                              Education Act of 2006 (20 U.S.C. 2302(40)(B))              (3) PUBLICATION.—Not later than 30 days             gard to whether such recommendation or order
                                              shall apply as if ‘‘sustained (not stand-alone, 1-      after granting a waiver under this section, the        is specific to the employee, on the basis that the
                                              day, or short-term workshops), intensive, col-          Secretary of Education shall publish a notice of       physical presence of the employee on the job
                                              laborative, job-embedded, data-driven, and              the Secretary’s decision (including which waiver       would jeopardize the employee’s health, the
                                              classroom-focused,’’ were struck.                       was granted and the reason for granting the            health of other employees, or the health of an
                                                (c) DEFINITIONS.—Except as otherwise pro-             waiver) in the Federal Register and on the             individual in the household of the employee be-
                                              vided, the terms in this section have the mean-         website of the Department of Education.                cause of—
                                              ings given the terms in section 3 of the Carl D.         DIVISION C—PROTECTION FOR FAMILIES                       ‘‘(I) the possible exposure of the employee to
                                              Perkins Career and Technical Education Act of                            AND WORKERS                           COVID–19; or
                                              2006 (20 U.S.C. 2302).                                                                                            ‘‘(II) exhibition of symptoms of COVID–19 by
                                                                                                      TITLE I—AMENDMENTS TO EMERGENCY                        the employee.
                                              SEC. 303. ADULT EDUCATION AND LITERACY RE-
                                                          SPONSE ACTIVITIES.                             FAMILY AND MEDICAL LEAVE EXPAN-                        ‘‘(iv) To care for or assist a family member of
                                                                                                         SION ACT AND EMERGENCY PAID SICK                    the employee, without regard to whether an-
                                                (a) ONLINE SERVICE DELIVERY OF ADULT EDU-
                                                                                                         LEAVE ACT                                           other individual other than the employee is
                                              CATION AND LITERACY ACTIVITIES.—During the
                                              COVID–19 national emergency, an eligible agen-            Subtitle A—Emergency Family and Medical              available to care for or assist such family mem-
                                              cy may use funds available to such agency                       Leave Expansion Act Amendments                 ber, because—
                                              under paragraphs (2) and (3) of section 222(a) of       SEC. 101. REFERENCES.                                     ‘‘(I) such family member—
                                              the Workforce Innovation and Opportunity Act              Except as otherwise expressly provided, when-           ‘‘(aa) is self-isolating because such family
                                              (20 U.S.C. 3302(a)) for the administrative ex-          ever in this subtitle an amendment or repeal is        member has been diagnosed with COVID–19; or
                                              penses of the eligible agency related to transi-        expressed in terms of an amendment to, or re-             ‘‘(bb) is experiencing symptoms of COVID–19
                                              tions to online service delivery of adult edu-          peal of, a section or other provision, the ref-        and needs to obtain medical diagnosis or care;
                                              cation and literacy activities.                         erence shall be considered to be made to a sec-        or
                                                (b) DEFINITIONS.—Except as otherwise pro-             tion or other provision of the Family and Med-            ‘‘(II) a public official with jurisdiction or a
                                              vided, the terms in this section have the mean-         ical Leave Act of 1993 (29 U.S.C. 2601 et seq.), as    health care provider makes a recommendation or
                                              ings given the terms in section 203 of the Work-        amended by the Emergency Family and Medical            order with respect to such family member, with-
                                              force Innovation and Opportunity Act (29                Leave Expansion Act (Public Law 116–127).              out regard to whether such determination is spe-
                                              U.S.C. 3272).                                           SEC. 102. EMPLOYEE ELIGIBILITY AND EMPLOYER
                                                                                                                                                             cific to such family member, that the presence of
                                                                                                                  CLARIFICATION.                             the family member in the community would
                                                  TITLE IV—DISABILITY EMPLOYMENT
                                                                                                        (a) EMPLOYEE ELIGIBILITY.—Section 101(2) is          jeopardize the health of other individuals in the
                                              SEC. 401. REHABILITATION ACT WAIVERS.                                                                          community because of—
                                                (a) PROVISIONS ELIGIBLE FOR WAIVER.—The               amended by adding at the end the following:
                                                                                                         ‘‘(F) ALTERNATIVE ELIGIBILITY FOR COVID–19             ‘‘(aa) the possible exposure of such family
                                              following provisions of the Rehabilitation Act of                                                              member to COVID–19; or
                                                                                                      PUBLIC HEALTH EMERGENCY .—For the period be-
                                              1973 (29 U.S.C. 701 et seq.) are eligible for waiv-                                                               ‘‘(bb) exhibition of symptoms of COVID–19 by
                                                                                                      ginning on the date of the enactment of The He-
                                              ers due to the national emergency declared by                                                                  such family member.
                                                                                                      roes Act and ending on December 31, 2022—
                                              the President under the National Emergencies                                                                      ‘‘(v) To care for the son or daughter of such
                                                                                                         ‘‘(i) subparagraph (A)(i) shall be applied by
                                              Act (50 U.S.C. 1601 et seq.) on March 13, 2020,                                                                employee if, due to COVID–19—
                                                                                                      substituting ‘90 days’ for ‘12 months’; and
                                              with respect to the coronavirus:                                                                                  ‘‘(I) the child care provider of such son or
                                                                                                         ‘‘(ii) subparagraph (A)(ii) shall not apply.’’.
                                                (1) The Secretary of Education may provide a                                                                 daughter is unavailable;
                                                                                                         (b) EMPLOYER CLARIFICATION.—Section 101(4)
                                              waiver of section 103(b)(1) to allow the replace-                                                                 ‘‘(II) the school or place of care of such son or
                                                                                                      is amended by adding at the end the following:
                                              ment of expired or spoiled food products at                                                                    daughter is closed; or
                                                                                                         ‘‘(C) CLARIFICATION.—Subparagraph (A)(i)
                                              vending facilities.                                                                                               ‘‘(III) the school of such son or daughter—-
                                                                                                      shall not apply with respect to a public agency
                                                (2) The Secretary of Education may provide a                                                                    ‘‘(aa) requires or makes optional a virtual




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                                                                                                      described in subparagraph (A)(iii).’’.
                                              waiver of the service obligation requirement                                                                   learning instruction model; or
                                              under section 302(b) due to interrupted service         SEC. 103. EMERGENCY LEAVE EXTENSION.                      ‘‘(bb) requires or makes optional a hybrid of
                                              obligations.                                              Section 102(a)(1)(F) is amended by striking          in-person and virtual learning instruction mod-
                                                (b) DURATION.—A waiver approved by the Sec-           ‘‘December 31, 2020’’ and inserting ‘‘February         els.
                                              retary under subsection (a) shall expire on the         28, 2021’’.                                               ‘‘(vi) To care for a family member who is in-
                                              earlier of the following dates:                         SEC. 104. EMERGENCY LEAVE DEFINITIONS.                 capable of self-care because of a mental or phys-
                                                (1) The date that is 1 year after the date of           (a) ELIGIBLE EMPLOYEE.—Section 110(a)(1) is          ical disability or is a senior citizen, without re-
                                              the enactment of this Act.                              amended in subparagraph (A), by striking ‘‘sec-        gard to whether another individual other than




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                                              H5250                                              CONGRESSIONAL RECORD — HOUSE                                                             October 1, 2020
                                              the employee is available to care for such family          ‘‘(bb) the minimum wage rate in effect for             (2) by striking sections 3104 and 3105.
                                              member, if the place of care for such family            such employee in the applicable State or local-           Subtitle B—Emergency Paid Sick Leave Act
                                              member is closed or the direct care provider is         ity, whichever is greater, in which the employee                           Amendments
                                              unavailable due to COVID–19.’’.                         is employed; or                                          SEC. 121. REFERENCES.
                                                (e) FAMILY MEMBER.—Section 110(a)(2) is                  ‘‘(cc) two thirds of an employee’s regular rate          Except as otherwise expressly provided, when-
                                              amended by adding at the end the following:             of pay (as determined under section 7(e) of the          ever in this subtitle an amendment or repeal is
                                                ‘‘(E) FAMILY MEMBER.—The term ‘family                 Fair Labor Standards Act of 1938 (29 U.S.C.              expressed in terms of an amendment to, or re-
                                              member’, with respect to an employee, means             207(e)); and’’; and                                      peal of, a section or other provision, the ref-
                                              any of the following:                                      (2) in clause (ii), by striking ‘‘$10,000’’ and in-   erence shall be considered to be made to a sec-
                                                ‘‘(i) A parent of the employee.                       serting ‘‘$12,000’’.                                     tion or other provision of division E of the Fami-
                                                ‘‘(ii) A spouse of the employee.                      SEC. 108. NOTICE.                                        lies First Coronavirus Response Act (Public Law
                                                ‘‘(iii) A sibling of the employee.                      Section 110(c) is amended by striking ‘‘for the        116–127).
                                                ‘‘(iv) Next of kin of the employee or a person        purpose described in subsection (a)(2)(A)’’.             SEC. 122. PAID SICK TIME REQUIREMENT.
                                              for whom the employee is next of kin.                   SEC. 109. INTERMITTENT LEAVE.                              (a) USES.—Section 5102(a) is amended to read
                                                ‘‘(v) A son or daughter of the employee.
                                                                                                        Section 110 is amended by adding at the end            as follows:
                                                ‘‘(vi) A grandparent or grandchild of the em-
                                                                                                      the following:                                              ‘‘(a) IN GENERAL.—An employer shall provide
                                              ployee.
                                                                                                        ‘‘(e) LEAVE TAKEN INTERMITTENTLY OR ON A               to each employee employed by the employer paid
                                                ‘‘(vii) A domestic partner of the employee.
                                                                                                      REDUCED WORK SCHEDULE.—Leave under sec-                  sick time for any qualifying need related to a
                                                ‘‘(viii) Any other individual related by blood
                                                                                                      tion 102(a)(1)(F) may be taken by an employee            public health emergency (as defined in section
                                              or affinity whose close association with the em-
                                                                                                      intermittently or on a reduced work schedule,            110(a)(2)(A) of the Family and Medical Leave
                                              ployee is the equivalent of a family relationship.
                                                                                                      without regard to whether the employee and the           Act of 1993 (29 U.S.C. 2620(a)(2)(A)).’’.
                                                ‘‘(F) DOMESTIC PARTNER.—                                                                                          (b) RECURRENCE.—Section 5102(b) is amended
                                                ‘‘(i) IN GENERAL.—The term ‘domestic part-            employer of the employee have an agreement
                                                                                                      with respect to whether such leave may be taken          by striking ‘‘An’’ and inserting ‘‘During any 12-
                                              ner’, with respect to an individual, means an-
                                                                                                      intermittently or on a reduced work schedule.’’.         month period, an’’.
                                              other individual with whom the individual is in                                                                     (c) EMPLOYERS WITH EXISTING POLICIES.—
                                              a committed relationship.                               SEC. 110. CERTIFICATION.
                                                                                                                                                               Section 5102 is amended by striking subsection
                                                ‘‘(ii) COMMITTED RELATIONSHIP DEFINED.—The               Section 110 is further amended by adding at
                                                                                                                                                               (f) and inserting the following:
                                              term ‘committed relationship’ means a relation-         the end the following:
                                                                                                                                                                  ‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—
                                              ship between 2 individuals, each at least 18               ‘‘(f) CERTIFICATION.—
                                                                                                                                                               With respect to an employer that provides paid
                                              years of age, in which each individual is the              ‘‘(1) IN GENERAL.—If an employer requires
                                                                                                                                                               leave on the day before the date of the enact-
                                              other individual’s sole domestic partner and            that a request for leave under section
                                                                                                                                                               ment of this Act—
                                              both individuals share responsibility for a sig-        102(a)(1)(F) be certified, the employer may re-             ‘‘(1) the paid sick time under this Act shall be
                                              nificant measure of each other’s common wel-            quire documentation for certification not earlier        made available to employees of the employer in
                                              fare. The term includes any such relationship           than 5 weeks after the date on which the em-             addition to such paid leave; and
                                              between 2 individuals that is granted legal rec-        ployee takes such leave.                                    ‘‘(2) the employer may not change such paid
                                              ognition by a State or political subdivision of a          ‘‘(2) SUFFICIENT CERTIFICATION.—The fol-              leave on or after such date of enactment to
                                              State as a marriage or analogous relationship,          lowing documentation shall be sufficient for cer-        avoid being subject to paragraph (1).’’.
                                              including a civil union or domestic partner-            tification:                                                 (d) INTERMITTENT LEAVE.—Section 5102 is fur-
                                              ship.’’.                                                   ‘‘(A) With respect to leave taken for the pur-        ther amended by adding at the end the fol-
                                              SEC. 105. REGULATORY AUTHORITIES.
                                                                                                      poses described in clauses (i) through (iv) of           lowing:
                                                                                                      subsection (a)(2)(A)—                                       ‘‘(g) LEAVE TAKEN INTERMITTENTLY OR ON A
                                                (a) IN GENERAL.—Section 110(a) is amended by
                                                                                                         ‘‘(i) a recommendation or order from a public         REDUCED WORK SCHEDULE.—Leave under sec-
                                              striking paragraph (3).
                                                                                                      official having jurisdiction or a health care pro-       tion 5102 may be taken by an employee intermit-
                                                (b) FORCE OR EFFECT OF REGULATIONS.—Any
                                                                                                      vider that the employee or relevant family mem-          tently or on a reduced work schedule, without
                                              regulation issued under section 110(a)(3), as in
                                                                                                      ber has symptoms of COVID–19 or should self-             regard to whether the employee and the em-
                                              effect on the day before the date of the enact-
                                                                                                      isolate; or                                              ployer of the employee have an agreement with
                                              ment of this Act, shall have no force or effect.
                                                                                                         ‘‘(ii) documentation or evidence, including an        respect to whether such leave may be taken
                                              SEC. 106. PAID LEAVE.                                   oral or written statement from an employee, that         intermittently or on a reduced work schedule.’’.
                                                 Section 110(b) of the Family and Medical             the employee or relevant family member has                  (e) CERTIFICATION.—Section 5102 is further
                                              Leave Act of 1993 is amended—                           been exposed to COVID–19.                                amended by adding at the end the following:
                                                 (1) in the heading, by striking ‘‘Relationship          ‘‘(B) With respect to leave taken for the pur-           ‘‘(h) CERTIFICATION.—If an employer requires
                                              to’’;                                                   poses described in clause (v) or (vi) of subsection      that a request for paid sick time under this sec-
                                                 (2) by amending paragraph (1) to read as fol-        (a)(2)(A), notice—                                       tion be certified—
                                              lows:                                                      ‘‘(i) from the school, place of care, or child           ‘‘(1) the documentation described in para-
                                                 ‘‘(1) EMPLOYEE ELECTION.—                            care or direct care provider of the son or daugh-        graph (2) of section 110(f) of the Family and
                                                 ‘‘(A) IN GENERAL.—An employee may elect to           ter or other family member of the employee of            Medical Leave Act of 1993 (29 U.S.C. 2620(f))
                                              substitute any vacation leave, personal leave, or       closure or unavailability; or                            shall be sufficient for certification; and
                                              medical or sick leave for paid leave under sec-            ‘‘(ii) from the school of the son or daughter of         ‘‘(2) an employer may not require such certifi-
                                              tion 102(a)(1)(F) in accordance with section            the requirement or option of a virtual learning          cation unless—
                                              102(d)(2)(B).                                           instruction model or a hybrid of in-person and              ‘‘(A) the employee takes not less than 3 con-
                                                 ‘‘(B) EMPLOYER REQUIREMENT.—An employer              virtual learning instruction models.’’.                  secutive days of paid sick time; and
                                              may not require an employee to substitute any           SEC. 111. AUTHORITY OF THE DIRECTOR OF THE
                                                                                                                                                                  ‘‘(B) the employer requires documents for such
                                              leave described in subparagraph (A) for leave                       OFFICE   OF  MANAGEMENT    AND               certification not earlier than 7 workdays after
                                              under section 102(a)(1)(F).                                         BUDGET TO EXCLUDE CERTAIN EM-                the employee returns to work after such paid
                                                 ‘‘(C) RELATIONSHIP TO OTHER FAMILY AND                           PLOYEES.                                     sick time.’’.
                                              MEDICAL LEAVE.—Leave taken under subpara-                 Section 110(a) is amended by striking para-               (f) NOTICE.—Section 5102 is further amended
                                              graph (F) of section 102(a)(1) shall not count to-      graph (4).                                               by adding at the end the following:
                                              wards the 12 weeks of leave to which an em-                                                                         ‘‘(i) NOTICE.—In any case where the necessity
                                                                                                      SEC. 112. TECHNICAL AMENDMENTS.
                                              ployee is entitled under subparagraphs (A)                                                                       for leave under this section is foreseeable, an
                                                                                                         (a) Section 110(a)(1)(A) is amended by striking
                                              through (E) of such section.                                                                                     employee shall provide the employer with such
                                                                                                      ‘‘(ii)’’ before ‘‘SPECIAL RULE’’ and inserting
                                                 ‘‘(D) RELATIONSHIP TO LIMITATION.—PRE-                                                                        notice of leave as is practicable.’’.
                                                                                                      ‘‘(iii)’’.                                                  (g) LEAVE TRANSFER TO NEW EMPLOYER.—Sec-
                                              SUMPTION OF ELIGIBILITY FOR for any va-                    (b) Section 19008 of the CARES Act is amend-
                                              cation leave, personal leave, or medical or sick                                                                 tion 5102 is further amended by adding at the
                                                                                                      ed—                                                      end the following:
                                              leave that is substituted for leave under section          (1) by striking ‘‘—’’ after ‘‘amended’’;                 ‘‘(j) LEAVE TRANSFER TO NEW EMPLOYER.—A
                                              102(a)(1)(F) shall not count toward the limita-            (2) by striking paragraph (1); and                    covered employee who begins employment with a
                                              tion under paragraph (2)(B)(ii).’’; and                    (3) by striking ‘‘(2)’’ before ‘‘by adding at the     new covered employer shall be entitled to the
                                                 (3) in paragraph (2)(A), by striking ‘‘that an       end’’.                                                   full amount of leave under section 5102 with re-
                                              employee takes’’ and all that follows through           SEC. 113. AMENDMENTS TO THE EMERGENCY                    spect to such employer.’’.
                                              ‘‘10 days’’.                                                       FAMILY AND MEDICAL LEAVE EXPAN-                  (h) RESTORATION TO POSITION.—
                                              SEC. 107. WAGE RATE.                                               SION ACT.                                        (1) IN GENERAL.—Section 5102 is further

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