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).”
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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.
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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-
SSpencer on DSK126QN23PROD with HOUSE
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.
SSpencer on DSK126QN23PROD with HOUSE
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
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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.
SSpencer on DSK126QN23PROD with HOUSE
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.
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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
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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
SSpencer on DSK126QN23PROD with HOUSE
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
SSpencer on DSK126QN23PROD with HOUSE
(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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