House Report 116-421 — Providing for Consideration of H. Res. 965, Remote Voting by Proxy, and H.R. 6800
Summary
Report 116-421 of the 116th Congress, 2d Session, dated May 14, 2020, from the Committee on Rules, submitted by Mr. McGovern, on H. Res. 967. The committee reports the resolution by a record vote of 8 to 4 with the recommendation that it be adopted. It provides for consideration of H. Res. 965, on remote voting by proxy and official remote committee proceedings during a public health emergency due to a novel coronavirus, under a closed rule, and of H.R. 6800, emergency supplemental appropriations, with proceedings for the period from May 19, 2020, through July 21, 2020. Closing text of an agency policy provision requires a written determination and review and approval by the Director of the Office of Science and Technology Policy.
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“House Report 116-421 — Providing for Consideration of H. Res. 965, Remote Voting by Proxy, and H.R. 6800.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt421-crpt-116hrpt421/
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–421
PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 965) AU-
THORIZING REMOTE VOTING BY PROXY IN THE HOUSE OF REPRESENT-
ATIVES AND PROVIDING FOR OFFICIAL REMOTE COMMITTEE PRO-
CEEDINGS DURING A PUBLIC HEALTH EMERGENCY DUE TO A NOVEL
CORONAVIRUS, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDER-
ATION OF THE BILL (H.R. 6800) MAKING EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020,
AND FOR OTHER PURPOSES; PROVIDING FOR PROCEEDINGS DURING
THE PERIOD FROM MAY 19, 2020, THROUGH JULY 21, 2020; AND FOR
OTHER PURPOSES
MAY 14, 2020.—Referred to the House Calendar and ordered to be printed
Mr. MCGOVERN, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 967]
The Committee on Rules, having had under consideration House
Resolution 967, by a record vote of 8 to 4, report the same to the
House with the recommendation that the resolution be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H. Res. 965, author-
izing remote voting by proxy in the House of Representatives and
providing for official remote committee proceedings during a public
health emergency due to a novel coronavirus, and for other pur-
poses under a closed rule. The resolution provides that upon adop-
tion of this resolution it shall be in order without intervention of
any point of order to consider H. Res. 965. The resolution provides
one hour of general debate equally divided and controlled by the
chair and ranking minority member of the Committee on Rules.
The resolution provides that H. Res. 965 shall be considered as
read. The resolution provides for consideration of H.R. 6800, the
Health and Economic Recovery Omnibus Emergency Solutions Act,
under a closed rule. The resolution provides that upon adoption of
this resolution it shall be in order to consider H.R. 6800 without
intervention of any question of consideration. The resolution pro-
vides two hours of general debate equally divided and controlled by
the chair and ranking minority member of the Committee on Ap-
propriations. The resolution waives all points of order against con-
sideration of the bill. The resolution provides that the amendment
99–008
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2
printed in this report shall be considered as adopted and the bill,
as amended, shall be considered as read. The resolution waives all
points of order against provisions in the bill, as amended. The reso-
lution provides that clause 2(e) of rule XXI shall not apply during
consideration of the bill. The resolution provides one motion to re-
commit with or without instructions. The resolution provides that
until completion of proceedings enabled by the first two sections of
the resolution, (a) the Chair may decline to entertain any inter-
vening motion (except as expressly provided herein), resolution,
question, or notice; and (b) the Chair may decline to entertain the
question of consideration. Section 4 of the resolution provides that
on any legislative day during the period from May 19, 2020,
through July 21, 2020: the Journal of the proceedings of the pre-
vious day shall be considered as approved; and the Chair may at
any time declare the House adjourned to meet at a date and time
to be announced by the Chair in declaring the adjournment. The
resolution provides that the Speaker may appoint Members to per-
form the duties of the Chair for the duration of the period ad-
dressed by section 4 of the resolution. The resolution provides that
each day during the periods addressed by section 4 shall not con-
stitute a calendar day for the purposes of section 7 of the War Pow-
ers Resolution (50 U.S.C. 1546). The resolution provides that each
day during the period addressed by section 4 of the resolution shall
not constitute a legislative day for purposes of clause 7 of rule XIII
(resolutions of inquiry). The resolution provides that each day dur-
ing the period addressed by section 4 of the resolution shall not
constitute a calendar or legislative day for the purposes of clause
7(c)(1) of rule XXII (motions to instruct conferees). The resolution
provides that each day during the period addressed by section 4
shall not constitute a legislative day for the purposes of clause 7
of rule XV (Consensus Calendar). The resolution provides for con-
sideration of concurrent resolutions providing for adjournment dur-
ing the month of July, 2020. The resolution provides that it shall
be in order at any time through the calendar day of July 19, 2020,
for the Speaker to entertain motions that the House suspend the
rules as though under clause 1 of rule XV, and that the Speaker
or her designee shall consult with the Minority Leader or his des-
ignee on the designation of any matter for consideration pursuant
to this section. The resolution waives the requirement of clause 6(a)
of rule XIII for a two-thirds vote to consider a report from the Com-
mittee on Rules on the same day it is presented to the House with
respect to any resolution reported through the legislative day of
July 21, 2020.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of H. Res.
965 includes a waiver of clause 4 of rule XIII, which prohibits the
consideration of a measure or matter reported by a committee until
the proposed text of the report has been available for 72 hours.
Although the resolution waives all points of order against provi-
sions in H. Res. 965, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of H.R.
6800 includes a waiver of clause 12(a)(1) of rule XXI, which pro-
hibits consideration of a bill unless there is a searchable electronic
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3
comparative print that shows how the bill proposes to change cur-
rent law.
Although the resolution waives all points of order against provi-
sions in H.R. 6800, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Section 10 of the resolution includes a waiver of all points of
order against consideration of a July adjournment resolution. While
adjournment resolutions are ordinarily privileged, a point of order
could be raised against a July adjournment resolution for failure to
comply with section 309 of the Congressional Budget Act. Section
309 prohibits the House from adjourning for more than three days
in July unless the House has completed action on all appropria-
tions bills. Since the House has not yet completed all action on ap-
propriations bills, this provision is necessary.
COMMITTEE VOTES
The results of each record vote on an amendment or motion to
report, together with the names of those voting for and against, are
printed below:
Rules Committee record vote No. 304
Motion by Mr. Cole to report an open rule for H. Res. 965. De-
feated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 305
Motion by Mr. Woodall to strike ‘‘and shall not be subject to a
demand for division of the question’’ from the appropriate section
of the rule for H. Res. 965. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 306
Motion by Mrs. Lesko to provide four hours of debate equally di-
vided and controlled by the chair and ranking member of the Com-
mittee on Rules for H. Res. 965. Defeated: 4–8
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Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 307
Motion by Mr. Cole to report an open rule for H.R. 6800. De-
feated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 308
Motion by Mr. Cole to provide a modified-open rule with a pre-
printing requirement for H.R. 6800. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 309
Motion by Mr. Woodall to waive all points of order except those
arising under clause 9 or 10 of rule XXI. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
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Rules Committee record vote No. 310
Motion by Mr. Burgess to strike ‘‘and shall not be subject to a
demand for division of the question’’ from the rule for H.R. 6800.
Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 311
Motion by Mrs. Lesko to amend the rule to H.R. 6800 to make
in order amendment #3, offered by Rep. Lesko (AZ), which strikes
the entirety of Title I, Subtitle G–Deduction of State and Local
Taxes from the bill. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 312
Motion by Mrs. Lesko to amend the rule to H.R. 6800 to make
in order and provide the appropriate waivers to amendment #4, of-
fered by Rep. Lesko (AZ), which ensures that no taxpayer funds au-
thorized in this bill will be given to anyone in America illegally.
Defeated: 4–8
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 313
Motion by Mrs. Lesko to amend the rule to H.R. 6800 to make
in order and provide the appropriate waivers to amendment #5, of-
fered by Rep. Lesko (AZ), which ensures that no taxpayer funds au-
thorized in this bill will be used to aid or support institutions that
provide abortions. Defeated: 4–8
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Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Yea
Mrs. Torres ....................................................... Nay Mr. Woodall ...................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mrs. Lesko ........................................................ Yea
Ms. Scanlon ...................................................... Nay
Mr. Morelle ....................................................... Nay
Ms. Shalala ...................................................... Nay
Ms. Matsui ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 314
Motion by Mrs. Torres to report the rule. Adopted: 8–4
Majority Members Vote Minority Members Vote
Mr. Hastings ..................................................... ................... Mr. Cole ........................................................... Nay
Mrs. Torres ....................................................... Yea Mr. Woodall ...................................................... Nay
Mr. Perlmutter .................................................. Yea Mr. Burgess ..................................................... Nay
Mr. Raskin ........................................................ Yea Mrs. Lesko ........................................................ Nay
Ms. Scanlon ...................................................... Yea
Mr. Morelle ....................................................... Yea
Ms. Shalala ...................................................... Yea
Ms. Matsui ....................................................... Yea
Mr. McGovern, Chairman ................................. Yea
SUMMARY OF THE AMENDMENT TO H.R. 6800 CONSIDERED AS ADOPTED
1. Lowey (NY): Makes technical and conforming changes so that
the bill title reads as ‘‘The Heroes Act’’. Modifies appropriations
provisions to provide additional rural assistance, provide greater
flexibility for Labor and Health and Human services funding items,
adds a risk mitigation program, ensures application of non-dis-
crimination requirements, incorporates increased eligibility for au-
thorized programs, prohibits PPP assistance for lobbyists salaries,
prohibits covered loans to certain nonprofits engaged in election
and campaign activities, expands the forgiveness safe harbor and
the allowable use and forgiveness of expenditures for PPE, provides
student loan debt relief, and requires every federal agency that
funds or oversees scientific research to develop, adopt, and enforce
a scientific integrity policy.
TEXT OF AMENDMENT TO H.R. 6800 CONSIDERED AS ADOPTED
Page 1, strike lines 3 through 7 and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as ‘‘The Heroes Act’’.
Page 2, line 3, insert ‘‘for this Act’’ after ‘‘table of contents’’.
Page 6, after line 2, insert the following:
RURAL DEVELOPMENT PROGRAMS
RURAL HOUSING SERVICE
RENTAL ASSISTANCE PROGRAM
For an additional amount for ‘‘Rental Assistance Program’’,
$309,000,000, to remain available until September 30, 2021, to pre-
vent, prepare for, and respond to coronavirus, for temporary adjust-
ment of wage income losses for residents of housing financed or as-
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7
sisted under section 514, 515, or 516 of the Housing Act of 1949,
without regard to any existing eligibility requirements based on in-
come: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
Page 6, line 21, strike ‘‘to remain available through’’ and insert
‘‘to remain available until’’.
Page 8, line 10, strike ‘‘in this section’’ and insert ‘‘pursuant to
the amendment made by this section’’.
Page 8, line 18, strike ‘‘7 U.S.C. 5936’’ and insert ‘‘section 7522
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936)’’.
Page 8, after line 24 (at the end of title I of division A), insert
the following:
SEC. 10104. Section 11004 of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116–136) is amended by insert-
ing after the 4th proviso the following: ‘‘Provided further, That the
condition set forth in section 9003(f) of the Farm Security and
Rural Investment Act of 2002 shall apply with respect to all con-
struction, alteration, or repair work carried out, in whole or in
part, with funds made available by this section:’’: Provided, That
amounts repurposed pursuant to the amendments made pursuant
to this section are designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Page 11, line 11, strike ‘‘this Act,’’.
Page 14, line 13, strike ‘‘Provided’’ and all that follows through
the end of the proviso and insert ‘‘Provided, That a recipient of
such funds shall not be subject, as a condition for receiving the
funds, to any otherwise-applicable requirement to provide or obtain
other Federal or non-Federal funds:’’.
Page 15, beginning line 11, strike ‘‘Provided further’’ and all that
follows through the end of the proviso and insert ‘‘Provided further,
That a recipient of funds made available under this heading in
both this Act and title II of division B of Public Law 116–136 shall
not be subject, as a condition for receiving the funds, to any other-
wise-applicable requirement to provide or obtain other Federal or
non-Federal funds:’’.
Page 16, line 8, strike ‘‘Provided further’’ and all that follows
through the end of the proviso and insert ‘‘Provided further, That
a recipient of funds made available under this heading in this Act
shall not be subject, as a condition for receiving the funds, to any
otherwise-applicable requirement to provide or obtain other Fed-
eral or non-Federal funds:’’.
Page 17, line 9, strike ‘‘Provided further’’ and all that follows
through the end of the proviso and insert ‘‘Provided further, That
a recipient of funds made available under this heading in this Act
shall not be subject, as a condition for receiving the funds, to any
otherwise-applicable requirement to provide or obtain other Fed-
eral or non-Federal funds:’’.
Page 18, line 4, strike ‘‘34 U.S.C. 10384’’ and insert ‘‘section 1704
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10384)’’.
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Page 18, line 7, strike ‘‘Provided further’’ and all that follows
through the end of the proviso and insert ‘‘Provided further, That
a recipient of funds made available under this heading in this Act
shall not be subject, as a condition for receiving the funds, to any
otherwise-applicable requirement to provide or obtain other Fed-
eral or non-Federal funds:’’.
Page 19, line 1, strike ‘‘within’’ and insert ‘‘of’’.
Page 19, after line 10, insert the following:
ADMINISTRATIVE PROVISION—SCIENCE
STUDY ON COVID–19 DISINFORMATION
SEC. 10202.
(a) STUDY.—No later than 30 days after the date of enactment
of this Act, the Director of the National Science Foundation shall
enter into an arrangement with the National Academies of Science,
Engineering, and Medicine (National Academies) to conduct a
study on the current understanding of the spread of COVID–19-re-
lated disinformation on the internet and social media platforms.
The study shall address the following:
(1) the role disinformation and misinformation has played in
the public response to COVID–19;
(2) the sources of COVID–19-related disinformation—both
foreign and domestic—and the mechanisms by which that
disinformation influences the public debate;
(3) the role social media plays in the dissemination and pro-
motion of COVID–19 disinformation and misinformation con-
tent and the role social media platforms play in the organiza-
tion of groups seeking to spread COVID–19 disinformation;
(4) the potential financial returns for creators or distributors
of COVID–19 disinformation, and the role such financial incen-
tives play in the propagation of COVID–19 disinformation;
(5) potential strategies to mitigate the dissemination and
negative impacts of COVID–19 disinformation, including spe-
cifically, the dissemination of disinformation on social media,
including through improved disclosures; and
(6) an analysis of the limitations of these mitigation strate-
gies, and an analysis of how these strategies can be imple-
mented without infringing on Americans’ Constitutional rights
and civil liberties.
(b) REPORT.—In entering into an arrangement under this section,
the Director shall request that the National Academies transmit to
Congress a report on the results of the study not later than 12
months after the date of enactment of this Act.
(c) AUTHORIZATION.—There is authorized to be appropriated for
the purposes of conducting the study in this section $1,000,000.
Page 31, line 21 strike the colon and insert the following: ‘‘: Pro-
vided further, That for purposes of this paragraph, the District of
Columbia shall be considered to consist of a single county that is
a unit of general local government:’’.
Page 33, strike line 17.
Page 34, line 2, strike ‘‘no’’ and insert ‘‘not’’.
Page 34, line 2, strike ‘‘may’’ and insert ‘‘shall’’.
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9
Page 36, line 11 strike ‘‘section 103’’ and insert ‘‘sections 101(d)
and 103’’.
Page 38, line 6, insert ‘‘in this Act and’’ before ‘‘in the’’.
Page 38, line 13, insert ‘‘or under this heading in this Act’’ after
‘‘116–136)’’.
Page 39, line 6, strike ‘‘in this section’’ and insert ‘‘pursuant to
this section’’.
Page 42, line 17, insert ‘‘in’’ before ‘‘the Financial Services’’.
Page 42, line 23, insert ‘‘in’’ before ‘‘the Financial’’.
Page 44, beginning line 24, strike ‘‘in this section’’ and insert
‘‘pursuant to this section’’.
Page 47, beginning line 21, after ‘‘Act’’ strike ‘‘and in division D,
title III of the Consolidated Appropriations Act, 2020 (Public Law
116–93)’’.
Page 48, line 3, after ‘‘Grants’’ insert ‘‘in title III of division D
of Public Law 116–93 and’’.
Page 49, beginning line 25, strike ‘‘to remain available until ex-
pended,’’.
Page 52, line 25, strike ‘‘in this section’’ and insert ‘‘pursuant to
this section’’.
Page 53, strike line 21 through page 54, line 7, and insert the
following: ‘‘For an additional amount for ‘‘Environmental Programs
and Management’’, $50,000,000, to remain available until Sep-
tember 30, 2021, for environmental justice grants as described in
section 190702 of division S of this Act: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.’’.
Page 55, beginning line 24, strike ‘‘25 U.S.C. 5325’’ and insert
‘‘section 106 of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 5325)’’.
Page 56, line 3, strike ‘‘herein’’ and insert ‘‘under this heading in
this Act’’.
Page 59, line 1, insert ‘‘, to remain available until September 30,
2021,’’ after ‘‘ ‘Program Administration’ ’’.
Page 59, line 8, after the comma, insert a space.
Page 62, line 7, strike the first ‘‘the’’ and insert ‘‘an’’.
Page 63, line 17, insert ‘‘for implementation of section 120302 of
The Heroes Act and’’ after ‘‘2021,’’.
Page 63, line 25, strike ‘‘Section’’ and insert ‘‘section’’.
Page 69, line 19, strike ‘‘42 U.S.C. 300s–1(b)(1)(I)’’ and insert
‘‘section 1621(b)(1)(I) of the Public Health Service Act (42 U.S.C.
300s–1(b)(1)(I))’’.
Page 73, line 22, insert ‘‘pursuant to section 30209 of this Act’’
after ‘‘staffing’’.
Page 81, line 11, strike ‘‘VI’’ and insert ‘‘VII and adult protective
services programs through the Elder Justice Act’’.
Page 89, line 21, strike ‘‘sixth’’ and insert ‘‘fourth’’.
Page 90, line 1, strike ‘‘sixth’’ and insert ‘‘fourth’’.
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10
Page 90, line 2, strike ‘‘of which 75 percent’’ and insert ‘‘of which
the Governor shall reserve a percentage necessary to make the
minimum grants described in the next proviso and, of the amounts
remaining after making such reservation, 75 percent’’.
Page 90, line 3, insert ‘‘in the State’’ after ‘‘share’’.
Page 90, line 7, insert ‘‘the relative share in the State of’’ after
‘‘to’’.
Page 90, line 10, after ‘‘award year:’’ insert ‘‘Provided further,
That any public institution of higher education that is not other-
wise eligible for a grant of at least $1,000,000 under the preceding
proviso and has an enrollment of at least 500 students shall be eli-
gible to receive an amount equal to whichever is lesser of the total
loss of revenue and increased costs associated with the coronavirus
or $1,000,000: Provided further, That the Governor shall use any
remaining funds that were unnecessary to carry out the previous
proviso to distribute such funds to institutions of higher education
in accordance with the formula in the preceding provisos:’’.
Page 90, line 11, insert ‘‘Provided further, That the Governor
may use any funds received under the fourth proviso that are not
specifically reserved under this heading for additional support to
elementary, secondary, and postsecondary education, including sup-
ports for under-resourced institutions, institutions with high bur-
den due to the coronavirus, and institutions who did not possess
distance education capabilities prior to the coronavirus emergency:’’
before ‘‘Provided further, That the Governor shall return’’.
Page 90, line 17, strike ‘‘sixth’’ and insert ‘‘fourth’’.
Pg. 91, line 18, insert ‘‘supplemental afterschool programs and’’
before ‘‘summer’’.
Page 92, line 16, insert ‘‘tuition,’’ after ‘‘for’’.
Page 92, lines 21 through 25, strike ‘‘Provided further, That pri-
ority shall be given to under-resourced institutions, institutions
with high burden due to the coronavirus, and institutions who did
not possess distance education capabilities prior to the coronavirus
emergency:’’.
Page 92, line 25 and all that follows through page 93, line 6,
strike ‘‘Provided further, That any institution of higher education
that is not otherwise eligible for a grant of at least $1,000,000
under this heading shall be eligible to receive an amount equal to
whichever is lesser of the total loss of revenue and increased costs
associated with the coronavirus or $1,000,000:’’.
Page 94, lines 5 and 6, strike ‘‘preceding the date of enactment
of this Act’’ and insert ‘‘preceding the fiscal year for which State
support for elementary and secondary education is provided’’.
Page 94, line 15, strike ‘‘need-based’’.
Page 94, lines 15 and 16, strike ‘‘preceding the date of enactment
of this Act’’ and insert ‘‘preceding the fiscal year for which State
support for higher education is provided’’.
Page 94, line 19, insert ‘‘at least’’ after ‘‘shall be’’.
Page 101, strike lines 3 through 17 and insert the following:
(A) $7,000,000,000 shall be provided to private, nonprofit
institutions of higher education—
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11
(i) by reserving an amount necessary to make the
minimum grants described in the second to last pro-
viso under this heading; and
(ii) from amounts not reserved under clause (i), by
apportioning—
(I) 75 percent according to the relative share of
enrollment of Federal Pell Grant recipients who
are not exclusively enrolled in distance education
courses prior to the coronavirus emergency; and
(II) 25 percent according to the relative share of
the total enrollment of students who were not
Federal Pell Grant recipients who are not exclu-
sively enrolled in distance education courses prior
to the coronavirus emergency.
Page 101, line 19, strike ‘‘(as defined in section 101 of the Higher
Education Act)’’.
Page 102, line 6, insert ‘‘tuition,’’ after ‘‘including’’.
Page 102, line 17, insert ‘‘private, nonprofit’’ after ‘‘any’’.
Page 102, line 19, insert ‘‘(ii)’’ after ‘‘(2)(A)’’.
Page 102, beginning on line 20, strike ‘‘receive an amount’’ and
insert ‘‘receive, from amounts reserved under paragraph (2)(A)(i),
an amount’’.
Page 102, line 23, after ‘‘$1,000,000:’’ insert the following: ‘‘Pro-
vided further, That of the funds provided under paragraph 2(B),
the Secretary shall make an application available for institutions
of higher education to demonstrate unmet need, which shall in-
clude for this purpose a dramatic decline in revenue as a result of
campus closure, exceptional costs or challenges implementing dis-
tance education platforms due to lack of a technological infrastruc-
ture, serving a large percentage of students who lack access to ade-
quate technology to move to distance education, serving a region or
community that has been especially impacted by increased unem-
ployment and displaced workers, serving communities or regions
where the number of coronavirus cases has imposed exceptional
costs on the institution, and other criteria that the Secretary shall
identify after consultation with institutions of higher education or
their representatives: Provided further, That no institution may re-
ceive an award unless it has submitted an application that de-
scribes the impact of the coronavirus on the institution and the
ways that the institution will use the funds to ameliorate such im-
pact: Provided further, That the Secretary shall brief the Commit-
tees on Appropriations fifteen days in advance of making any appli-
cation available for funds under paragraph (2)(B):’’.
Page 103, line 22, strike ‘‘by this section’’ and insert ‘‘pursuant
to the amendment made by this section’’.
Page 104, lines 5 through 9, strike ‘‘with these funds only for
children identified under section 1115(c) of the ESEA in the school
district served by a local educational agency who are enrolled in
private elementary schools and secondary schools after ‘equitable
services’ ’’ and insert ‘‘ ‘including subsections (a)(4)(A)(i) and (c) of
such section’ after ‘section 1117’ and by inserting ‘Such equitable
services shall be provided by the local educational agency in which
the students reside, and the amount of funds available for such eq-
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12
uitable services shall be based on the number of nonpublic school
students who were identified in the calculation under section
1117(c)(1) of the ESEA for purposes of Title I–A during the 2019–
2020 school year relative to the sum of such students in public
schools during the 2019–2020 school year.’ after ‘representatives of
nonpublic schools.’ ’’.
Page 104, line 10, strike ‘‘by this section’’ and insert ‘‘pursuant
to the amendment made by this section’’.
Page 105, line 1, strike ‘‘by this section’’ and insert ‘‘pursuant to
the amendment made by this section’’.
Page 107, line 25, insert ‘‘such section’’ before ‘‘shall be applied’’.
Page 108, line 3, strike ‘‘budgetary effects’’ and insert ‘‘amounts
provided under’’.
Page 108, line 6, insert before the period the following: ‘‘, and the
budgetary effects shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of such Act’’.
Page 108, line 11, insert before the period the following: ‘‘, and
the budgetary effects shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of such concurrent resolu-
tion’’.
Page 108, line 19, insert ‘‘shall not be estimated’’ after ‘‘sub-
section’’.
Page 108, line 20, strike ‘‘shall not be estimated’’.
Page 108, strike lines 22 through 24 and insert the following:
(ii) for purposes of paragraph (4)(C) of section 3 of
the Statutory Pay As-You-Go Act of 2010 as being in-
cluded in an appropriation Act.
Page 109, line 1, strike ‘‘Sciences’’ and insert ‘‘Services’’.
Page 112, line 11, strike ‘‘No’’ and insert ‘‘Not’’.
Page 114, line 25, strike ‘‘Nation’s’’ and insert ‘‘United States’’.
Page 123, line 4, strike ‘‘5338’’ and insert ‘‘5336’’.
Page 124, line 1, strike ‘‘between’’ and insert ‘‘since’’.
Page 124, line 2, strike ‘‘and January 20, 2020’’.
Page 124, lines 6 and 7, strike ‘‘not recipients or’’.
Page 124, line 8, strike ‘‘but are eligible for grants under this
heading in this Act’’ and insert ‘‘and have partnered with a recipi-
ent or subrecipient in order to meet the requirements of section
5311(f) of such title’’.
Page 136, strike line 16 and insert ‘‘110201’’.
Page 143, line 23, strike ‘‘in this section’’ and insert ‘‘pursuant
to this section’’.
Page 148, line 17, insert before the period the following: ‘‘, and
the budgetary effects shall not be entered on either PAYGO score-
card maintained pursuant to section 4(d) of such Act’’.
Page 148, line 22, insert before the period the following: ‘‘, and
the budgetary effects shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of such concurrent resolu-
tion’’.
Page 149, line 4, before the em-dash, insert ‘‘shall not be esti-
mated’’.
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13
Page 149, strike lines 7 through 9 and insert the following:
(2) for purposes of paragraph (4)(C) of section 3 of the Statu-
tory Pay As-You-Go Act of 2010 as being included in an appro-
priation Act.
Page 183, strike line 21 through page 185, line 8.
Page 185, line 9, redesignate subparagraph (B) as subparagraph
(A).
Page 185, line 20, redesignate subparagraph (C) as subparagraph
(B).
Page 185, line 24, strike ‘‘No later than 15 days after the enact-
ment of this Act, the Secretary of the Treasury shall submit a plan
to the Committees on Appropriations of the House of Representa-
tives and the Senate detailing the expected use of the funds pro-
vided by clauses (i) through (iv) paragraph (1)(A).’’.
Page 186, line 9, strike ‘‘such funds’’ and insert ‘‘Internal Rev-
enue Service funds in this Act.’’.
Page 211, line 11, insert ‘‘, as amended by the preceding provi-
sions of this Act,’’ after ‘‘Code of 1986’’.
Page 211, line 13, strike ‘‘(i)’’ and insert ‘‘(j)’’.
Page 228, line 14, insert ‘‘of 2020’’ after ‘‘Act’’.
Page 231, line 24, insert ‘‘of 2020’’ after ‘‘Act’’.
Page 245, after line 3, insert the following:
(h) APPLICATION OF CREDIT TO EMPLOYERS OF DOMESTIC WORK-
ERS.—
(1) IN GENERAL.—Section 2301(c)(2) of the CARES Act, as
amended by the preceding provisions of this Act, is amended
by adding at the end the following new subparagraph:
‘‘(E) EMPLOYERS OF DOMESTIC WORKERS.—In the case of
an employer with one or more employees who perform do-
mestic service (within the meaning of section 3121(a)(7) of
such Code) in the private home of such employer, with re-
spect to such employees—
‘‘(i) subparagraph (A) shall be applied—
‘‘(I) by substituting ‘employing an employee who
performs domestic service in the private home of
such employer’ for ‘carrying on a trade or busi-
ness’ in clause (i) thereof, and
‘‘(II) by substituting ‘such employment’ for ‘the
operation of the trade or business’ in clause (ii)(I)
thereof.
‘‘(ii) subclause (II) of subparagraph (A)(ii) shall not
apply, and
‘‘(iii) such employer shall be treated as a large em-
ployer.’’.
(2) DENIAL OF DOUBLE BENEFIT.—Section 2301(h)(2) of the
CARES Act, as amended by preceding provisions of this Act, is
amended—
(A) by striking ‘‘shall not be taken into account for pur-
poses of’’ and inserting ‘‘shall not be taken into account—
‘‘(A) for purposes of’’,
(B) by striking the period at the end and inserting ‘‘,
and’’ , and
(C) by adding at the end the following:
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14
‘‘(B) if such wages are paid for domestic service de-
scribed in subsection (c)(2)(E), as employment-related ex-
penses for purposes of section 21 of such Code.
In the case of any individual who pays wages for domestic
service described in subsection (c)(2)(E) and receives a reim-
bursement for such wages which is excludible from gross in-
come under section 129 of such Code, such wages shall not be
treated as qualified wages for purposes of this section.’’.
Page 245, line 4, strike ‘‘(h)’’ and insert ‘‘(i)’’.
Page 250, strike lines 3 through 5 and insert the following:
(i) any reference in this section to a trade or busi-
ness shall be treated as a reference to all operations
of such organization, and
Page 273, line 11, insert ‘‘to read’’ after ‘‘is amended’’.
Page 285, line 9, strike ‘‘section 2302(b)’’ and insert ‘‘section
2303(b)’’.
Page 288, after line 12, insert the following:
‘‘(4) Notwithstanding the first sentence of section 2105(b) of
the Social Security Act (42 U.S.C. 1397ee(b)), the application of
the increase under this section may result in the enhanced
FMAP of a State for a fiscal year under such section exceeding
85 percent, but in no case may the application of such increase
before application of the second sentence of such section result
in the enhanced FMAP of the State exceeding 95 percent.’’.
Page 302, line 21, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 307, line 8, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 307, line 24, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 310, line 4, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 310, line 16, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 314, line 23, strike ‘‘; and, for such period’’ and all that fol-
lows through ‘‘such Act’’ on page 315, line 11.
Page 321, lines 6 and 7, strike ‘‘waiver and expenditure authori-
ties for a’’.
Page 342, strike line 5 and all that follows through page 343, line
23.
Page 344, line 14, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 372, line 19, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 372, after line 20, insert the following:
RISK CORRIDOR PROGRAM FOR MEDICARE ADVANTAGE PLANS
SEC. 30213.
(a) IN GENERAL.—Section 1853 of the Social Security Act (42
U.S.C. 1395w–23) is amended by adding at the end the following
new subsection:
‘‘(p) RISK CORRIDOR PROGRAM DURING THE COVID–19 EMER-
GENCY.—
‘‘(1) IN GENERAL.—The Secretary shall establish and admin-
ister a program of risk corridors for each plan year, any por-
tion of which occurs during the emergency period defined in
section 1135(g)(1)(B), under which the Secretary shall make
payments to MA organizations offering a Medicare Advantage
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15
plan based on the ratio of the allowable costs of the plan to the
aggregate premiums of the plan.
‘‘(2) PAYMENT METHODOLOGY.—The Secretary shall provide
under the program established under paragraph (1) that if the
allowable costs for a Medicare Advantage plan for any plan
year are more than 105 percent of the target amount, the Sec-
retary shall pay to the plan an amount equal to 75 percent of
the allowable costs in excess of 105 percent of the target
amount.
‘‘(3) TIMING.—
‘‘(A) SUBMISSION OF INFORMATION BY PLANS.—With re-
spect to a plan year for which the program described in
paragraph (1) is established and administered, not later
than July 1 of the succeeding plan year each MA organiza-
tion offering a Medicare Advantage plan shall submit to
the Secretary such information as the Secretary may re-
quire for purposes of carrying out such program.
‘‘(B) PAYMENT.—The Secretary shall pay to an MA orga-
nization offering a Medicare Advantage plan eligible to re-
ceive a payment under the program with respect to a plan
year the amount provided under paragraph (2) for such
plan year not later than 60 days after such organization
submits information with respect to such plan and plan
year under subparagraph (A).
‘‘(4) DEFINITIONS.—
‘‘(A) ALLOWABLE COSTS.—The amount of allowable costs
of a MA organization offering a Medicare Advantage plan
for a plan year is an amount equal to the total costs (other
than administrative costs) of such plan in providing bene-
fits covered by such plan, but only to the extent that such
costs are incurred with respect to such benefits for items
and services that are benefits under the original medicare
fee-for-service program option.
‘‘(B) TARGET AMOUNT.—The target amount described in
this paragraph is, with respect to a Medicare Advantage
plan and a plan year, the total amount of payments paid
to the MA organization for the plan for benefits under the
original medicare fee-for-service program option for the
plan year, taking into account amounts paid by the Sec-
retary and enrollees, based upon the bid amount sub-
mitted under section 1854, reduced by the total amount of
administrative expenses for the year assumed in such bid.
‘‘(5) FUNDING.—There are appropriated to the Centers for
Medicare & Medicaid Services Program Management Account,
out of any monies in the Treasury not otherwise obligated,
such sums as may be necessary for purposes of carrying out
this subsection.’’.
(b) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary of Health and Human Service may implement
the amendments made by this section by program instruction or
otherwise.
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16
RELIEF FOR SMALL RURAL HOSPITALS FROM INACCURATE INSTRUC-
TIONS PROVIDED BY CERTAIN MEDICARE ADMINISTRATIVE CONTRAC-
TORS
SEC. 30214.
Section 1886(d)(5) of the Social Security Act (42 U.S.C.
1395ww(d)(5)) is amended by adding at the end the following new
subparagraph:
‘‘(N)(i) Subject to clause (ii), in the case of a sole community hos-
pital or a medicare-dependent, small rural hospital with respect to
which a medicare administrative contractor initially determined
and paid a volume decrease adjustment under subparagraph (D)(ii)
or (G)(iii) for a specified cost reporting period, at the election of the
hospital, the Secretary of Health and Human Services shall replace
the volume decrease adjustment subsequently determined for that
specified cost reporting period by the medicare administrative con-
tractor with the volume decrease adjustment initially determined
and paid by the medicare administrative contractor for that speci-
fied cost reporting period.
‘‘(ii)(I) Clause (i) shall not apply in the case of a sole community
hospital or a medicare-dependent, small rural hospital for which
the medicare administrative contractor determination of the vol-
ume decrease adjustment with respect to a specified cost reporting
period of the hospital is administratively final before the date that
is three years before the date of the enactment of this section.
‘‘(II) For purposes of subclause (I), the date on which the medi-
care administrative contractor determination with respect to a vol-
ume decrease adjustment for a specified cost reporting period is ad-
ministratively final is the latest of the following:
‘‘(aa) The date of the contractor determination (as defined in
section 405.1801 of title 42, Code of Federal Regulations).
‘‘(bb) The date of the final outcome of any reopening of the
medicare administrative contractor determination under sec-
tion 405.1885 of title 42, Code of Federal Regulations.
‘‘(cc) The date of the final outcome of the final appeal filed
by such hospital with respect to such volume decrease adjust-
ment for such specified cost reporting period.
‘‘(iii) For purposes of this subparagraph, the term ‘specified cost
reporting period’ means a cost reporting period of a sole community
hospital or a medicare-dependent, small rural hospital, as the case
may be, that begins during a fiscal year before fiscal year 2018.’’.
DEEMING CERTAIN HOSPITALS TO BE LOCATED IN AN URBAN AREA FOR
PURPOSES OF PAYMENT FOR INPATIENT HOSPITAL SERVICES UNDER
THE MEDICARE PROGRAM
SEC. 30215.
Section 1886(d)(10) of the Social Security Act (42 U.S.C.
1395ww(d)(10)) is amended by adding at the end the following new
subparagraph:
‘‘(G)(i) For purposes of payment under this subsection for dis-
charges occurring during the 3-year period beginning on October 1,
2020, each hospital located in Albany, Saratoga, Schenectady,
Montgomery, or Rensselaer County of New York shall be deemed
to be located in the large urban area of Hartford-West Hartford-
East of Hartford, Connecticut (CBSA 25540).
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17
‘‘(ii) Any deemed location of a hospital pursuant to clause (i) shall
be treated as a decision of the Medicare Geographic Classification
Review Board for purposes of paragraph (8)(D).’’.
Page 382, line 16, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 384, line 24, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 387, line 1, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 402, after line 10, insert the following:
RISK CORRIDOR PROGRAM FOR HEALTH INSURANCE COVERAGE
OFFERED IN THE INDIVIDUAL OR SMALL GROUP MARKET
SEC. 30307.
(a) IN GENERAL.—The Secretary of Health and Human Services
(in this section referred to as the ‘‘Secretary’’) shall establish and
administer a program of risk corridors for plan years 2020 and
2021 under which the Secretary shall make payments to health in-
surance issuers offering health insurance coverage in the individual
or small group market based on the ratio of the allowable costs of
the coverage to the aggregate premiums of the coverage.
(b) PAYMENT METHODOLOGY.—The Secretary shall provide under
the program established under subsection (a) that if the allowable
costs for a health insurance issuer offering health insurance cov-
erage in the individual or small group market for any plan year are
more than 105 percent of the target amount, the Secretary shall
pay to the issuer an amount equal to 75 percent of the allowable
costs in excess of 105 percent of the target amount.
(c) INFORMATION COLLECTION.—The Secretary shall establish a
process under which information is collected from health insurance
issuers offering health insurance coverage in the individual or
small group market for purposes of carrying out this section.
(d) NON-APPLICATION.—The provisions of this section shall not
apply with respect to any group or individual health insurance cov-
erage in relation to its provision of excepted benefits described in
section 2791(c)(1) of the Public Health Service Act (42 U.S.C.
300gg–91(c)).
(e) DEFINITIONS.—In this section:
(1) ALLOWABLE COSTS.—
(A) IN GENERAL.—The amount of allowable costs of a
health insurance issuer offering health insurance coverage
in the individual or small group market for any year is an
amount equal to the total costs (other than administrative
costs) of such issuer in providing benefits covered by such
coverage.
(B) CERTAIN REDUCTIONS.—Allowable costs shall reduced
by any—
(i) risk adjustment payments received under section
1343 of the Patient Protection and Affordable Care Act
(42 U.S.C. 18063); and
(ii) reinsurance payments received pursuant to a
waiver approved under section 1332 of such Act (42
U.S.C. 18052).
(2) ADDITIONAL TERMS.—The terms ‘‘health insurance
issuer’’, ‘‘health insurance coverage’’, ‘‘individual market’’, and
‘‘small group market’’ have the meanings given such terms in
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18
section 2791 of the Public Health Service Act (42 U.S.C.
300gg–91).
(3) TARGET AMOUNT.—The target amount of health insurance
coverage offered in the individual or small group market for
any year is an amount equal to the total premiums (including
any premium subsidies under any governmental program), re-
duced by the administrative costs of the coverage.
(f) TREATMENT FOR MLR.—Payments made under this section
with respect to an applicable plan year to a health insurance issuer
offering health insurance coverage in the individual or small group
market shall for purposes of section 2718(b) of the Public Health
Service Act (42 U.S.C. 300gg–18(b)) be included in the calculation
of the premium revenue with respect to such issuer and year.
(g) IMPLEMENTATION.—The Secretary of Health and Human Serv-
ices may implement the provisions of this section by subregulatory
guidance, program instruction, or otherwise.
(h) APPROPRIATION.—There are appropriated, out of any monies
in the Treasury not otherwise appropriated, such sums as may be
necessary to carry out this section.
RISK CORRIDOR PROGRAM FOR SELF-INSURED GROUP HEALTH PLANS
AND HEALTH INSURANCE COVERAGE OFFERED IN THE LARGE GROUP
MARKET
SEC. 30308.
(a) IN GENERAL.—The Secretary of Health and Human Services
(in this section referred to as the ‘‘Secretary’’), in coordination with
the Secretary of Labor and the Secretary of the Treasury, shall es-
tablish and administer a program of risk corridors for plan years
2020 and 2021 under which the Secretary, in coordination with the
Secretary of Labor and the Secretary of the Treasury, shall make
payments in accordance with subsection (b) to self-insured group
health plans and health insurance issuers offering health insurance
coverage in the large group market.
(b) PAYMENT METHODOLOGY.—The Secretary, in coordination
with the Secretary of Labor and the Secretary of the Treasury,
shall provide under the program established under subsection (a)
that if the allowable costs for a self-insured group health plan or
health insurance coverage offered in the large group market for
any plan year are more than 105 percent of the target amount, the
Secretary shall pay to the plan, or issuer of such coverage, an
amount equal to 75 percent of the allowable costs in excess of 105
percent of the target amount.
(c) INFORMATION COLLECTION.—
(1) IN GENERAL.—The Secretary, the Secretary of Labor, and
the Secretary of the Treasury may require self-insured group
health plans and health insurance issuers of health insurance
coverage offered in the large group market to report to the ap-
plicable Secretary, in a form, manner, and timeframe specified
by the Secretaries, information necessary for purposes of car-
rying out this section in accordance with the process estab-
lished under paragraph (2).
(2) PROCESS.—The Secretary, the Secretary of Labor, and the
Secretary of the Treasury shall jointly establish a process pre-
scribing the form and manner under which information is col-
lected from self-insured group health plans and health insur-
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19
ance issuers offering health insurance coverage in the large
group market for purposes of carrying out this section.
(d) DEFINITIONS.—
(1) ALLOWABLE COSTS.—
(A) IN GENERAL.—The amount of allowable costs of a
self-insured group health plan or health insurance cov-
erage offered in the large group market for any plan year
is an amount equal to the total costs (other than adminis-
trative costs) of such plan or the issuer of such coverage
in covering items and services furnished during such plan
year under such plan or such coverage.
(B) CERTAIN REDUCTIONS.—Allowable costs of a self-in-
sured group health plan or health insurance coverage of-
fered in the large group market for a plan year shall be
reduced by any—
(i) reinsurance payments received by such plan or
coverage pursuant to a waiver approved under section
1332 of such Act (42 U.S.C. 18052) for such plan year;
and
(ii) other payments received by such plan or cov-
erage (as specified by the Secretary) for such plan
year.
(2) ADDITIONAL TERMS.—For purposes of this section, the
terms ‘‘excepted benefits’’, ‘‘health insurance issuer’’, ‘‘health
insurance coverage’’, and ‘‘large group market’’ have the mean-
ings given such terms in section 2791 of the Public Health
Service Act (42 U.S.C. 300gg–91), section 733 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1191b), and
section 9832 of the Internal Revenue Code of 1986, as applica-
ble, and the term ‘‘self-insured group health plan’’ has the
meaning given such term for purposes of section 2701(a)(5) of
the Public Health Service Act (42 U.S.C. 300gg(a)(5)).
(3) TARGET AMOUNT.—
(A) IN GENERAL.—The target amount of—
(i) a self-insured group health plan for an applicable
plan year is—
(I) in the case such plan was offered during the
preceding plan year and was subject to the re-
quirement of section 601(a) of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C.
1161(a)) during such preceding plan year, the ex-
pected cost to the plan for all individuals covered
under such plan for such preceding plan year
(without regard to whether such cost is paid by
the employer or employee), taking into account ap-
plicable premiums (as defined in section 604(a) of
such Act (29 U.S.C. 1164(1))) for such plan and
preceding plan year, reduced by any administra-
tive costs for such preceding plan year and in-
creased by 5 percent; or
(II) in the case such plan is not described in
subclause (I), the expected cost to the plan for all
individuals covered under such plan for such ap-
plicable plan year (as determined under a method-
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20
ology specified by the Secretary), reduced by any
administrative costs for such plan year; and
(ii) health insurance coverage offered in the large
group market for an applicable plan year is an amount
equal to the total premiums (including any premium
subsidies under any governmental program), as de-
fined by the Secretary, for such plan year, reduced by
the administrative costs of the coverage for such plan
year.
(B) APPLICABLE PLAN YEAR.—The term ‘‘applicable plan
year’’ means plan year 2020 or plan year 2021, as applica-
ble.
(e) APPLICATION.—
(1) IN GENERAL.—The provisions of subsection (c) shall be ap-
plied by the Secretary of Health and Human Services, the Sec-
retary of Labor, and the Secretary of the Treasury to group
health plans and health insurance issuers offering health in-
surance coverage in the large group market as if such sub-
section were included in the provisions of part A of title XXVII
of the Public Health Service Act (42 U.S.C. 300gg et seq.), part
7 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1181 et seq.), and subchapter B of chapter 100 of the
Internal Revenue Code of 1986, as applicable.
(2) TREATMENT FOR MLR.—Payments made under this section
with respect to an applicable plan year to a self-insured group
health plan or health insurance issuer offering health insur-
ance coverage in the large group market shall for purposes of
section 2718(b) of the Public Health Service Act (42 U.S.C.
300gg–18(b)) be included in the calculation of the premium rev-
enue with respect to such plan or issuer, respectively, and
year.
(f) NON-APPLICATION.—The provisions of this section shall not
apply with respect to—
(1) any group health plan or group or individual health in-
surance coverage in relation to its provision of excepted bene-
fits; or
(2) a grandfathered health plan, as defined in section 1251(e)
of the Patient Protection and Affordable Care Act (42 U.S.C.
18011(e)).
(g) IMPLEMENTATION.—The Secretary, the Secretary of Labor,
and the Secretary of the Treasury may implement the provisions
of this section by subregulatory guidance, program instruction, or
otherwise.
(h) APPROPRIATION.—There are appropriated, out of any monies
in the Treasury not otherwise appropriated, such sums as may be
necessary to carry out this section.
Page 452, line 21, after ‘‘Act’’ insert ‘‘of 1950’’.
Page 499, line 9, after ‘‘searchable, electronic format’’ insert ‘‘as
soon as is practicable, and in no case later than one week after
such information is received’’.
Page 536, lines 20 and 21, strike ‘‘or related positions’’ and insert
‘‘and related positions’’.
Page 536, line 21, strike ‘‘is’’ before ‘‘served by’’.
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21
Page 540, line 6, strike ‘‘or related positions’’ and insert ‘‘and re-
lated positions’’.
Page 540, line 11, strike ‘‘or related positions’’ and insert ‘‘and re-
lated positions’’.
Page 546, line 7, strike ‘‘tracers’’ and insert ‘‘tracing’’.
Page 546, line 12, insert a comma after ‘‘strategy’’.
Page 546, line 24, strike ‘‘program participants’’ and insert ‘‘eligi-
ble individuals’’.
Page 547, line 7, strike ‘‘or related positions’’ and insert ‘‘and re-
lated positions’’.
Page 547, line 21, insert ‘‘eligible’’ before ‘‘individual’’.
Page 548, lines 2 and 3, strike ‘‘as a contact tracer or related po-
sitions’’ and insert ‘‘in contact tracing and related positions’’.
Page 548, line 5, strike ‘‘participants’’ and insert ‘‘individuals’’.
Page 548, line 14, strike ‘‘in the contact tracing or related posi-
tions’’ and insert ‘‘in contact tracing and related positions’’.
Page 549, line 4, strike ‘‘or related positions’’ and insert ‘‘and re-
lated positions’’.
Page 549, line 13, strike ‘‘or related positions’’ and insert ‘‘and re-
lated positions’’.
Page 550, lines 2 and 3, strike ‘‘trained as contract tracers and
related positions’’ and insert ‘‘trained in contact tracing and related
positions’’.
Page 550, line 7, strike ‘‘or related positions’’ and insert ‘‘and re-
lated positions’’.
Page 550, line 20, strike ‘‘or related positions’’ and insert ‘‘and re-
lated positions’’.
Page 551, line 11, strike ‘‘or related positions’’ and insert ‘‘and re-
lated positions’’.
Page 551, lines 11 and 12, strike ‘‘permanent, full-time employ-
ment’’ and insert ‘‘unsubsidized employment’’.
Page 571, line 25, strike ‘‘eligible health provider’’ and insert ‘‘eli-
gible health care provider’’.
Page 573, line 1, strike ‘‘subparagraph (A)’’ and insert with
‘‘paragraph (1)(A)’’.
Page 576, line 17, insert the following ‘‘or, if the health care pro-
vider does not have a valid tax identification number, an employer
identification number or such other identification number as the
Secretary may accept or may assign’’ after ‘‘provider’’.
Page 577, line 11, insert ‘‘quarter’’ after ‘‘calendar’’.
Page 577, line 16, insert ‘‘and any other information the Sec-
retary determines necessary to determine expenses and lost rev-
enue related to COVID–19’’ after ‘‘quarter’’.
Page 578, line 3, strike ‘‘(e)’’ and insert ‘‘(d)’’.
Page 578, line 4, strike ‘‘(f)’’ and insert ‘‘(e)’’.
Page 585, line 11, strike ‘‘presumptive’’ and insert ‘‘possible’’.
Page 621, strike line 22 through page 622, line 24.
Page 622, after line 25, insert the following new title:
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22
TITLE VII—OTHER MATTERS
SEC. 30701. NON-DISCRIMINATION.
(a) IN GENERAL.—Notwithstanding any provision of a covered
law (or an amendment made in any such provision), no person oth-
erwise eligible shall be excluded from participation in, denied the
benefits of, or subjected to discrimination in the administration of,
programs and services receiving funding under a covered law (or an
amendment made by a provision of such a covered law), based on
any factor that is not merit-based, such as age, disability, sex (in-
cluding sexual orientation, gender identity, and pregnancy, child-
birth, and related medical conditions), race, color, national origin,
immigration status, or religion.
(b) COVERED LAW DEFINED.—In this section, the term ‘‘covered
law’’ includes—
(1) this Act (other than this section);
(2) title I of division B of the Paycheck Protection Program
and Healthcare Enhancement Act (Public Law 116–139);
(3) subtitles A, D, and E of title III of the CARES Act (Public
Law 116–136);
(4) division F of the Families First Coronavirus Relief Act
(Public Law 116–127); and
(5) division B of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116–123).
Page 693, line 24, strike ‘‘losses’’ and insert ‘‘the losses of in-
come’’.
Page 694, line 1, strike ‘‘insufficient regional processing access’’
and insert ‘‘insufficient access to meat and poultry processing’’.
Page 694, after line 18, insert the following:
(3) MAXIMUM AGGREGATE PAYMENT.—In no case shall the
amount of payments received by a producer under this section
and section 60306 exceed 100 percent of the loss of such pro-
ducer.
Page 700, after line 7, insert the following:
(i) FUNDING.—Out of any amounts of the Treasury not otherwise
appropriated, there is appropriated to carry out this section
$500,000,000, to remain available until expended.
Page 700, strike lines 8 through 11.
Page 704, after line 11, insert the following:
(j) FUNDING.—Out of any amounts in the Treasury not otherwise
appropriated, there is appropriated to carry out this section such
sums as may be necessary.
Page 704, strike lines 12 through 14.
Page 705, after line 14, insert the following:
(e) FUNDING.—Out of any amounts in the Treasury not otherwise
appropriated, there is appropriated to carry out this section
$500,000,000.
Page 705, strike lines 15 through 17.
Page 707, line 15 strike ‘‘subsection (d)(6)(B)’’ and insert ‘‘para-
graphs (5)(B) and (6)(B) of subsection (d)’’.
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23
Page 708, line 12, insert ‘‘or entities eligible for grants under
subsection (d)’’ after ‘‘(c)(1)’’.
Page 710, beginning on line 3, strike ‘‘initiate, expand, or sus-
tain’’ and insert ‘‘expand or sustain’’.
Page 713, strike lines 8 through 12 and insert the following:
(C) QUALIFIED FUEL.—The term ‘‘qualified fuel’’ means
any advanced biofuel, biomass-based diesel, cellulosic
biofuel, conventional biofuel, or renewable fuel, as such
terms are defined in section 211(o)(1) of the Clean Air Act
(42 U.S.C. 7545(o)(1)), that is produced in the United
States.
Page 714, line 12, strike ‘‘made available’’ and insert ‘‘appro-
priated’’.
Page 716, line 20, strike ‘‘made available’’ and insert ‘‘appro-
priated’’.
Page 716, line 23, strike ‘‘section’’ and insert ‘‘subsection’’.
Page 719, line 1 strike ‘‘make payments’’ and insert ‘‘begin mak-
ing payments’’.
Page 719, line 4, strike ‘‘made available’’ and insert ‘‘appro-
priated’’.
Page 735, line 4, strike ‘‘the’’.
Beginning on page 735, strike line 16 and all that follows
through line 8 on page 736.
Page 745, line 3, strike ‘‘60608’’ and insert ‘‘60603’’.
Transfer section 60603 (beginning on page 745, line 3, through
line 3 on page 746) as so redesignated so as to insert that redesig-
nated section after line 15 on page 735.
Page 760, line 2, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 817, line 14, strike ‘‘on the date of the enactment of this
Act’’ and insert ‘‘on the date on which a covered veteran applies for
hospital care or medical services under this section’’.
Page 817, line 15, strike ‘‘a’’ and insert ‘‘the’’.
Page 819, beginning on line 1, strike section 80015.
Page 822, strike lines 5 through 23 and insert the following:
(d) MODIFICATION TO ELIGIBLE ENTITIES.—Section 7(a)(36) of the
Small Business Act (15 U.S.C. 636(a)(36)) is amended—
(1) in subparagraph (A)—
(A) in clause (vii), by striking ‘‘section 501(c)(3)’’ and in-
serting ‘‘section 501(c)’’;
(B) in clause (viii)(II)—
(i) in item (dd), by striking ‘‘or’’ at the end;
(ii) in item (ee), by inserting ‘‘or’’; and
(iii) by adding at the end the following new item:
‘‘(ff) any compensation of an employee who
is a registered lobbyist under the Lobbying
Disclosure Act of 1995;’’;
(C) in clause (xi)(IV), by striking ‘‘and’’ at the end;
(D) in clause (xii), by striking the period at the end and
inserting ‘‘; and’’; and
(E) by adding at the end the following new clause:
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24
‘‘(xiii) the term ‘housing cooperative’ means a cooper-
ative housing corporation (as defined in section 216(b)
of the Internal Revenue Code of 1986).’’; and
(2) in subparagraph (D)—
(A) by striking ‘‘nonprofit organization,’’ each place it ap-
pears and inserting ‘‘housing cooperative,’’;
(B) by adding at the end the following new clause:
‘‘(vii) NONPROFIT ORGANIZATION ELIGIBILITY.—Dur-
ing the covered period, any nonprofit organization
shall be eligible to receive a covered loan. Any
501(c)(4) organization (as defined in section 501(c)(4)
of the Internal Revenue Code of 1986) may receive a
covered loan provided that such 501(c)(4) organization
has not made and will not make a contribution, ex-
penditure, independent expenditure, or electioneering
communication within the meaning of the Federal
Election Campaign Act, and has not undertaken and
will not undertake similar campaign finance activities
in State and local elections, during the election cycle
which ends on the date of the general election in this
calendar year;’’;
(C) in clause (iv)—
(i) in subclause (II), by striking ‘‘and’’ at the end;
(ii) in subclause (III), by striking the period at the
end and inserting ‘‘; and’’; and
(iii) by adding at the end the following new sub-
clause:
‘‘(IV) any nonprofit organization.’’; and
(D) in clause (vi), by striking ‘‘nonprofit organization’’
and inserting ‘‘housing cooperative’’.
Page 824, line 19, strike ‘‘(vii)’’ and insert ‘‘(viii)’’.
Page 825, line 2, insert after the period at the end the following:
‘‘A parent company, investment company, or management company
of one or more physical locations of a business concern described
in clause (iii)(II) shall not be eligible for a covered loan.’’.
Page 828, line 23, strike ‘‘(h)’’ and insert ‘‘(i)’’.
Page 830, line 12, strike ‘‘$1,000,000,000’’ and insert
‘‘$250,000,000’’.
Page 832, line 7, insert ‘‘and’’ at the end.
Page 834, line 14, strike ‘‘and’’.
Page 836, beginning on line 10, strike ‘‘is amended’’ and insert
‘‘as amended by subsection (b), is further amended’’.
Page 837, line 19, strike ‘‘or’’.
Page 837, line 22, strike ‘‘2020.’’.’’ and insert ‘‘2020; or’’.
Page 837, after line 22, insert the following:
‘‘(C) is able to demonstrate an inability to return to the
same level of business activity as such business was oper-
ating at prior to February 15, 2020.’’.
Page 838, line 1, strike ‘‘(c)’’ and insert ‘‘(d)’’.
Page 838, line 8, strike ‘‘is amended’’ and insert ‘‘as amended by
subsection (b)(3)(B), is further amended’’.
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25
Page 838, line 12, insert ‘‘or amounts refinanced described under
subsection (b) (other than payroll costs)’’ after ‘‘payments’’.
Page 838, line 19, strike ‘‘Cares Act’’ and insert ‘‘CARES Act
(Public Law 116–136)’’.
Page 839, line 2, insert ‘‘(Public Law 116–136)’’ after ‘‘CARES
Act’’.
Page 840, line 1, insert ‘‘(Public Law 116–136)’’ after ‘‘CARES
Act’’.
Page 840, line 3, insert ‘‘(Public Law 116–136)’’ after ‘‘CARES
Act’’.
Page 840, line 9, insert ‘‘(Public Law 116–136)’’ after ‘‘CARES
Act’’.
Page 840, strike lines 10 through 18 and insert the following:
SEC. 90006. ALLOWABLE USES OF COVERED LOANS; FORGIVENESS.
(a) PAYCHECK PROTECTION PROGRAM.—Section 7(a)(36)(F)(i) of
the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is amended—
(1) in subclause (VI), by striking ‘‘and’’ at the end;
(2) in subclause (VII), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by adding at the end the following new subclause:
‘‘(VIII) costs related to the provision of personal
protective equipment for employees or other
equipment or supplies determined by the em-
ployer to be necessary to protect the health and
safety of employees.’’.
(b) FORGIVENESS.—
(1) DEFINITION OF EXPECTED FORGIVENESS AMOUNT.—Section
1106(a)(7) of the CARES Act (Public Law 116–136), as amend-
ed by section 90004(b)(1), is further amended by adding at the
end the following new subparagraph:
‘‘(G) payments made for the provision of personal protec-
tive equipment for employees or other equipment or sup-
plies determined by the employer to be necessary to pro-
tect the health and safety of employees; and’’.
(2) FORGIVENESS.—Section 1106(b) of the CARES Act (Public
Law 116–136), as amended by section 90004(b)(2), is further
amended by adding at the end the following new paragraph:
‘‘(7) Any payment made for the provision of personal protec-
tive equipment for employees or other equipment or supplies
determined by the employer to be necessary to protect the
health and safety of employees.’’.
Page 842, line 19, strike ‘‘less’’ and insert ‘‘more’’.
Page 843, line 17, insert a period at the end.
Page 855, line 13, strike ‘‘after’’ and insert ‘‘on’’.
Page 866, line 13, strike ‘‘grants’’ each place it appears and in-
sert ‘‘advances’’.
Page 877, line 14, insert ‘‘(Public Law 116–136)’’ after ‘‘CARES
Act’’.
Page 877, line 24, strike ‘‘and’’ after the semicolon.
Page 886, line 15, insert ‘‘at least 50 percent of all’’ before
‘‘funds’’.
Page 886, line 18, strike ‘‘urban’’.
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26
Page 886, line 22, insert ‘‘and any State to which clause (i) ap-
plies that does not pass through funds as described in that clause’’
before the comma.
Page 886, line 24, insert ‘‘at least 50 percent of’’ before ‘‘the’’.
Page 920, line 20, strike ‘‘clause (i)(II)’’ and insert ‘‘clause (i)’’.
Page 930, line 8, strike ‘‘; and’’ and insert a period.
Page 956, line 24, strike ‘‘that’’ and insert ‘‘for which’’.
Page 956, line 25, after ‘‘available’’ insert ‘‘to the State housing
finance agency or entity’’.
Page 958, strike lines 23 and 24 and insert the following:
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to the
Page 959, line 2, strike ‘‘or’’ through ‘‘(i)’’.
Page 987, line 7, add ‘‘and’’ at the end.
Page 987, line 12, strike ‘‘and’’.
Page 1001, line 15, strike ‘‘a report to the Congress’’ and insert
‘‘reports to the Congress on a monthly basis’’.
Page 1002, line 3, strike ‘‘a report to Congress that identifies’’
and insert ‘‘reports to the Congress on a monthly basis that iden-
tify’’.
Page 1012, line 2, add ‘‘and’’ at the end.
Page 1016, line 18, strike ‘‘CFR’’ and insert ‘‘C.F.R.’’.
Page 1017, line 22, after ‘‘Act’’ insert ‘‘(42 U.S.C. 11374)’’.
Page 1021, line 11, strike ‘‘11302(a))’’ and insert ‘‘11302(a)))’’.
Page 1021, line 15, strike ‘‘11360)’’ and insert ‘‘11360))’’.
Page 1025, line 11, strike ‘‘Act’’ and insert ‘‘section’’.
Page 1025, line 12, strike ‘‘Act’’ and insert ‘‘section’’.
Page 1046, beginning on line 2, strike ‘‘the end of September’’
and insert ‘‘September 30,’’.
Page 1046, beginning on line 15, strike ‘‘the end of September’’
and insert ‘‘September 30,’’.
Page 1046, line 18, strike ‘‘the end of September’’ and insert
‘‘after September 30,’’.
Page 1046, line 20, strike ‘‘the end of the September’’ and insert
‘‘September 30,’’.
Page 1047, line 10, strike ‘‘the end of September’’ and insert
‘‘September 30,’’.
Page 1047, line 20, strike ‘‘at the end of September’’ and insert
‘‘on September 30,’’.
Page 1047, line 23, strike ‘‘the end of September’’ and insert
‘‘September 30,’’.
Page 1048, line 21, strike ‘‘’’.’’.
Page 1048, after line 21, insert the following:
‘‘(8) APPLICATION ONLY TO ECONOMICALLY DISTRESSED BOR-
ROWERS.—
‘‘(A) IN GENERAL.—This subsection shall only apply to a
borrower of a private education loan who is an economi-
cally distressed borrower.
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27
‘‘(B) ECONOMICALLY DISTRESSED BORROWER DEFINED.—In
this paragraph, the term ‘economically distressed borrower’
means a borrower of a private education loan who, as of
March 12, 2020—
‘‘(i) based on financial state or other conditions,
would be otherwise eligible, if the borrower instead
had a Federal student loan, of having a monthly pay-
ment due on such loan of $0 pursuant to an income-
contingent repayment plan under section 455(d)(1)(D)
of the Higher Education Act of 1965 (20 U.S.C.
1087e(d)(1)(D)) or an income-based repayment plan
under section 493C of such Act (20 U.S.C. 1098e);
‘‘(ii) was in default on such loan;
‘‘(iii) had a payment due on such loan that was at
least 90 days past due; or
‘‘(iv) based on financial state or other conditions,
was in forbearance or deferment.
‘‘(C) RULEMAKING.—Not later than 7 days after the date
of enactment of this paragraph, the Director of the Bureau,
in consultation with the Secretary of Education, shall issue
rules to implement this paragraph, including providing a
detailed description of how a borrower of a private edu-
cation loan will be considered an economically distressed
borrower as defined under each clause of subparagraph
(B).’’.
Page 1048, beginning line 22, strike ‘‘Notwithstanding any other
provision of law, there is’’ and insert ‘‘There is’’.
Page 1051, line 8, strike ‘‘the end of September’’ and insert ‘‘Sep-
tember 30,’’.
Page 1051, line 22, strike ‘‘the end of September’’ and insert
‘‘September 30,’’.
Page 1053, after line 5, insert the following:
(c) APPLICATION ONLY TO ECONOMICALLY DISTRESSED BOR-
ROWERS.—This section shall only apply to a borrower of a private
education loan who is an economically distressed borrower.
Page 1053, line 6, strike ‘‘(c)’’ and insert ‘‘(d)’’.
Page 1053, after line 15, insert the following:
(3) ECONOMICALLY DISTRESSED BORROWER DEFINED.—The
term ‘‘economically distressed borrower’’ has the meaning given
that term under section 140(h)(8) of the Truth in Lending Act,
as added by section 110501.
Page 1063, line 24, after ‘‘organizations’’ insert ‘‘and institutions
of higher education (as such term is defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))’’.
Page 1064, line 7, insert ‘‘without capitalization of interest’’ be-
fore ‘‘and’’.
Page 1064, lines 8 through 12, strike ‘‘that are ineligible to re-
ceive a covered loan under section 7(a)(36) of the Small Business
Act (15 U.S.C. 636(a)(36)) and’’.
Page 1064, line 22, insert after the semicolon the following:
(cc) shall make any 501(c)(4) organiza-
tion (as defined in section 501(c)(4) of the
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28
Internal Revenue Code of 1986) eligible
for any facility provided that such
501(c)(4) organization has not made and
will not make a contribution, expenditure,
independent expenditure, or election-
eering communication within the mean-
ing of the Federal Election Campaign Act,
and has not undertaken and will not un-
dertake similar campaign finance activi-
ties in state and local elections, during
the election cycle which ends on the date
of the general election in this calendar
year;’’.
Page 1065, line 7, strike ‘‘(c)(3)(D)(ii)(II)’’ and insert
‘‘4003(c)(3)(D)(ii)(II)’’.
Page 1065, line 13, strike ‘‘and’’ and insert a comma.
Page 1065, line 14, before ‘‘are’’ insert ‘‘, and small institutions
of higher education (as such term is defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))’’.
Page 1065, line 15, strike the semicolon and insert the following:
‘‘and includes the ability to defer payments, without capitalization
of interest, and, solely for small nonprofit organizations that pre-
dominantly serve low-income communities, as determined by the
Federal Reserve, have the loans forgiven by the Department of the
Treasury for a similar purpose to maintain payroll and operations
provided under the Paycheck Protection Program, notwithstanding
section 4003(d)(3) of the CARES Act.’’.
Page 1092, line 7, strike ‘‘, of out of amounts in the general fund
not otherwise appropriated,’’.
Page 1102, beginning on line 17, strike ‘‘section 6(g)’’ and insert
‘‘subsection (f)(7)’’.
Page 1128, line 4, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 1174, line 6, strike ‘‘consumer protection law’’ and insert
‘‘laws’’.
Page 1363, line 15, insert ‘‘if applicable,’’ after ‘‘State authorizing
agency,’’.
Page 1365, line 3, strike ‘‘State authorizing agency’’ and insert ‘‘,
if applicable, the State authorizing agency,’’.
Page 1365, line 9, strike ‘‘and the State’’ and insert ‘‘and, if appli-
cable, the State’’.
Page 1365, line 24, strike ‘‘and State authorizing agency’’ and in-
sert ‘‘and, if applicable, the State authorizing agency,’’.
Page 1367, beginning on line 19, strike ‘‘and to the’’ and all that
follows through ‘‘paragraph (3);’’ and insert ‘‘, to the accrediting
agency of the institution, and, if applicable, the State authorizing
agency of the institution, in accordance with paragraph (3);’’.
Page 1369, beginning on line 22, strike ‘‘and to the’’ and all that
follows through ‘‘the institution a’’ on line 24, and insert ‘‘, to the
accrediting agency of the institution, and, if applicable, the State
authorizing agency of the institution, a’’.
Page 1386, line 4, and all that follows through page 1387, line
10, strike paragraph (3) and insert the following:
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29
‘‘(3) DETERMINATION OF COMPENSATION.—The Secretary or,
as applicable, the Secretary of Health and Human Services
shall—
‘‘(A) with respect to a holder of a Federal student loan
defined in subparagraph (B) or (C) of section 3502(a)(2)—
‘‘(i) determine any losses for such holder due to the
suspension of payments on such loan under paragraph
(1); and
‘‘(ii) establish reasonable compensation for such
losses; and
‘‘(B) not later than 60 days after the date of enactment
of The Heroes Act, with respect to a borrower who made
a payment on a Federal student loan defined in subpara-
graph (B) or (C) of section 3502(a)(2) during the period be-
ginning on March 13, 2020, and ending on such date of en-
actment, the Secretary shall pay to the borrower, an
amount equal to the lower of—
‘‘(i) the amount paid by the borrower on such loan
during such period; or
‘‘(ii) the amount that was due on such loan during
such period.’’.
Page 1387, line 12, strike ‘‘in’’.
Page 1389, line 17, strike ‘‘described’’ and insert ‘‘defined’’.
Page 1390, line 20, strike ‘‘the HEROES’’ and insert ‘‘The He-
roes’’.
Page 1395, line 17, strike ‘‘3502(2)(C)’’ and insert ‘‘3502(a)(2)(C)’’.
Page 1395, line 24, strike ‘‘the HEROES’’ and insert ‘‘The He-
roes’’.
Page 1396, line 3, insert after ‘‘3502(a)(2)’’ the following: ‘‘for
which interest was not paid by such Secretary pursuant to para-
graph (1) during the period beginning on March 13, 2020 and end-
ing on such date of enactment’’.
Page 1396, line 11, strike ‘‘clause (i)’’ and insert ‘‘subparagraph
(A)’’.
Page 1396, line 21, strike ‘‘clause (i)’’ and insert ‘‘subparagraph
(A)’’.
Page 1400, line 4, strike ‘‘the HEROES’’ and insert ‘‘The Heroes’’.
Page 1400, line 10, strike ‘‘a borrower’’ and insert ‘‘an economi-
cally distressed borrower’’.
Page 1400, after line 13, insert the following:
‘‘(2) ECONOMICALLY DISTRESSED BORROWER DEFINED.—In this
subsection, the term ‘economically distressed borrower’ means
a borrower of a Federal student loan defined in subparagraph
(A) or (B) of section 3502(a)(2) who, as of March 12, 2020—
‘‘(A) had a monthly payment due on such loan of $0 pur-
suant to an income-contingent repayment plan under sec-
tion 455(d)(1)(D) of the Higher Education Act of 1965 (20
U.S.C. 1087e(d)(1)(D)) or an income-based repayment plan
under section 493C of such Act (20 U.S.C. 1098e);
‘‘(B) was in default on such loan;
‘‘(C) had a payment due on such loan that was at least
90 days past due; or
‘‘(D) was, with respect to such loan, in—
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30
‘‘(i) a deferment due to an economic hardship de-
scribed in section 427(a)(2)(C)(iii), 428(b)(1)(M)(iv),
455(f)(2)(D), or 464(c)(2)(A)(iv) of the Higher Education
Act of 1965;
‘‘(ii) a deferment due to unemployment described in
section 427(a)(2)(C)(ii), 428(b)(1)(M)(ii), 455(f)(2)(B), or
464(c)(2)(A)(ii) of the Higher Education Act of 1965;
‘‘(iii) a deferment due to cancer treatment described
in section 427(a)(2)(C)(iv), 428(b)(1)(M)(v), 455(f)(3), or
464(c)(2)(A)(vi) of the Higher Education Act of 1965; or
‘‘(iv) a forbearance described in subparagraph
(A)(i)(II) or (B) of section 428(c)(3) or 464(e)(1) of the
Higher Education Act of 1965.’’.
Page 1400, line 14, strike ‘‘(2)’’ and insert ‘‘(3)’’.
Page 1400, beginning line 17, strike ‘‘loans have different’’ and
insert ‘‘loans, as of March 12, 2020, had different’’.
Page 1401, line 3, strike ‘‘(3)’’ and insert ‘‘(4)’’.
Page 1401, line 7, strike ‘‘(4)’’ and insert ‘‘(5)’’.
Page 1403, line 8, strike ‘‘This part’’ and insert ‘‘Except as other-
wise provided, this part’’.
Page 1421, line 23, insert ‘‘the existing requirement to adjudicate
claims from State attorneys general, and’’ after ‘‘out’’.
Page 1422, line 6, strike ‘‘the individual may assert as a’’ and in-
sert ‘‘is a’’.
Page 1422, beginning line 18, strike ‘‘For each claim’’ and all that
follows through line 23, and insert ‘‘For each claim for which the
Secretary finds that an act or omission of the institution of higher
education is a defense to repayment of an eligible loan of the indi-
viduals on whose behalf the claim was submitted, with respect to
each such individual, provide the following:’’.
Page 1424, line 22, insert ‘‘, the Secretary shall fulfill the Sec-
retary’s obligation to’’ after ‘‘claim’’.
Page 1529—
(1) line 2, strike ‘‘201’’ and insert ‘‘170201’’; and
(2) line 3, strike ‘‘102’’ and insert ‘‘170102’’.
Page 1532, line 11, strike ‘‘102’’ and insert ‘‘170102’’.
Page 1547, after line 3, insert the following:
(xxxiv) Work installing or repairing a telecommuni-
cations line or equipment.
Page 1550—
(1) line 9, strike ‘‘104’’ and insert ‘‘170104’’;
(2) line 15, strike ‘‘105’’ and insert ‘‘170105’’; and
(3) line 18, strike ‘‘104’’ and insert ‘‘170104’’.
Page 1552, line 8, strike ‘‘104’’ and insert ‘‘170104’’.
Page 1553, line 1, strike ‘‘104’’ and insert ‘‘170104’’.
Page 1554—
(1) line 8, strike ‘‘104’’ and insert ‘‘170104’’; and
(2) line 24, strike ‘‘104’’ and insert ‘‘170104’’.
Page 1556—
(1) line 5, strike ‘‘104’’ and insert ‘‘170104’’;
(2) line 7, strike ‘‘101’’ and insert ‘‘170101’’; and
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31
(3) line 16, strike ‘‘sections 104 and 105’’ and insert ‘‘sections
170104 and 170105’’.
Page 1557—
(1) line 14, strike ‘‘105’’ and insert ‘‘170105’’;
(2) line 17, strike ‘‘101’’ and insert ‘‘170101’’; and
(3) line 22, strike ‘‘sections 104 and 105’’ and insert ‘‘sections
170104 and 170105’’.
Page 1558—
(1) line 10, strike ‘‘105’’ and insert ‘‘170105’’;
(2) line 12, strike ‘‘105’’ and insert ‘‘170105’’; and
(3) line 14, strike ‘‘104 and 105’’ and insert ‘‘170104 and
170105’’.
Page 1559—
(1) line 7, strike ‘‘102’’ and insert ‘‘170102’’; and
(2) line 19, strike ‘‘102’’ and insert ‘‘170102’’.
Page 1560—
(1) line 6, strike ‘‘107’’ and insert ‘‘170107’’;
(2) line 11, strike ‘‘104’’ and insert ‘‘170104’’;
(3) line 15, insert ‘‘, subject to the availability of amounts
provided in this title,’’ after ‘‘Treasury shall’’;
(4) line 19, strike ‘‘102’’ and insert ‘‘170102’’; and
(5) line 20, strike ‘‘102’’ and insert ‘‘170102’’.
Page 1561, line 2, strike ‘‘102’’ and insert ‘‘170102’’.
Page 1564—
(1) line 6, strike ‘‘102’’ and insert ‘‘170102’’;
(2) line 9, strike ‘‘102’’ and insert ‘‘170102’’;
(3) line 15, strike ‘‘102’’ and insert ‘‘170102’’; and
(4) line 25, strike ‘‘102’’ and insert ‘‘170102’’.
Page 1565, line 2, strike ‘‘105’’ and insert ‘‘170105’’.
Page 1567, line 14, strike ‘‘102’’ and insert ‘‘170102’’.
Page 1568, line 12, strike ‘‘102’’ and insert ‘‘170102’’.
Page 1570—
(1) line 5, strike ‘‘102’’ and insert ‘‘170102’’; and
(2) line 16, strike ‘‘102’’ and insert ‘‘170102’’.
Page 1571, line 16, strike ‘‘102’’ and insert ‘‘170102’’.
Page 1572, line 11, strike ‘‘104’’ and insert ‘‘170104’’.
Page 1573—
(1) line 2, strike ‘‘102’’ and insert ‘‘170102’’;
(2) line 4, strike ‘‘104’’ and insert ‘‘170104’’;
(3) line 15, strike ‘‘104’’ and insert ‘‘170104’’;
(4) line 16, strike ‘‘102’’ and insert ‘‘170102’’;
(5) line 22, strike ‘‘107’’ and insert ‘‘170107’’; and
(6) lines 23 and 24, strike ‘‘, to the Secretary of Labor, an
amount equal to 0.50 percent of such funds,’’ and insert ‘‘to the
Secretary of Labor, $3,000,000,’’.
Page 1574—
(1) line 1, strike ‘‘0.25 percent of such funds’’ and insert
‘‘$2,500,000’’;
(2) line 3, strike ‘‘102’’ and insert ‘‘170102’’;
(3) line 4, strike ‘‘0.25 percent of such funds’’ and insert
‘‘$500,000’’; and
(4) line 7, strike ‘‘102’’ and insert ‘‘170102’’.
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32
Page 1575, beginning line 7, strike ‘‘, to carry out this title’’.
Page 1580, line 17, strike ‘‘An’’ and insert ‘‘Subject to the avail-
ability of amounts provided in this title, and the conditions of sub-
section (b)(3), an’’.
Page 1581, line 4, strike ‘‘101’’ and insert ‘‘170101’’.
Page 1581, after line 25, insert the following:
(3) LIMITATION ON ENTITLEMENT.—An employee shall be enti-
tled to be paid the applicable differential established under
subsection (a) only to the extent that amounts provided in this
title will be made available to such employee’s agency pursu-
ant to section 170204(c)(1) in an amount sufficient to provide
such applicable differential to all such eligible employees.
Page 1585, line 2, strike ‘‘There is authorized’’ and insert ‘‘(a) IN
GENERAL.—There is authorized’’.
Page 1585, line 8, strike ‘‘subsection (a)’’ and insert ‘‘subsection
(c)’’.
Page 1585, line 9, strike ‘‘(a)’’ and insert ‘‘(b)’’.
Page 1586, line 2, strike ‘‘and’’.
Page 1586, line 3, strike the period and insert ‘‘; and’’.
Page 1586, insert after line 3 the following:
(14) the District of Columbia Public Defender Service.
Page 1586, line 4, strike ‘‘(b)’’ and insert ‘‘(c)’’.
Page 1586, strike lines 15 through 19.
Page 1591—
(1) line 22, strike ‘‘104’’ and insert ‘‘170104’’; and
(2) line 23, strike ‘‘101’’ and insert ‘‘170101’’.
Page 1601, insert after line 19 the following:
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section such sums as may be nec-
essary.
Page 1608, line 9, strike ‘‘or’’.
Page 1608, line 15, strike the period before the quotation mark
and insert ‘‘; or’’.
Page 1608, after line 15, insert the following:
‘‘(C) to emergency feeding organizations that are eligible
recipient agencies (as such terms are defined in section
201A of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501)).’’.
Page 1616, after line 21 insert the following:
‘‘(3) TREATMENT OF PLANS SUBMITTED BY TERRITORIES.—Not-
withstanding any other provision of law, with respect to a plan
submitted pursuant to this subsection by Puerto Rico, the
Commonwealth of the Northern Mariana Islands, or American
Samoa under subsection (b) or subsection (i), the Secretary
shall treat such plan in the same manner as a plan submitted
by a State agency under such subsection, including with re-
spect to the terms of funding provided under subsection (m).’’.
Page 1635, strike lines 7 through 16 and insert the following:
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33
SEC. 190405 SURVEILLANCE BY STATES, TRIBES, TERRITORIES, AND
INSULAR AREAS.
The Director of the United States Fish and Wildlife Service,
under the provisions of the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.) and the Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.), shall distribute funding to the States, insular terri-
tories, the District of Columbia, and Indian Tribes through a one-
time grant program to conduct epidemiological surveillance, re-
search, management, and education relating to emerging wildlife
disease. Funding shall be determined by the Director of the United
States Fish and Wildlife Service based upon the existing and poten-
tial threats to human health posed by wildlife-borne disease. Not
less than 5 percent shall be provided to Indian Tribes and no State
shall receive more than 5 percent of the available funding. There
is no non-Federal matching requirement for this onetime grant pro-
gram. The Director of the United States Fish and Wildlife Service,
in coordination with the Director of the United States Geological
Survey, acting through the National Wildlife Health Center, shall
coordinate such surveillance among the States, insular territories,
the District of Columbia, and Indian Tribes.
Page 1635, line 24, strike ‘‘inserting’’ and all that follows through
page 1636, line 2, and insert ‘‘inserting ‘September 30, 2020, or the
date on which such financial assistance is fully exhausted by the
air carrier or contractor, whichever date occurs later’.’’.
Page 1649, lines 2 and 4, strike ‘‘December 31, 2020’’ each place
it appears and insert ‘‘January 31, 2021’’.
Page 1649, strike lines 5 through 7 and insert the following:
(2) by adding at the end ‘‘No recovery benefit under this sec-
tion shall be payable for any registration period beginning on
or after April 1, 2021. For registration periods beginning on or
after August 1, 2020, but before February 1, 2021, a recovery
benefit under this section shall only be payable to a qualified
employee with respect to any registration period in which the
employee received normal unemployment benefits as defined in
paragraph (c)(1) or up to the 65th day of extended benefits as
defined in paragraph (c)(2), but shall not be payable to a quali-
fied employee who did not receive unemployment benefits or
who received benefits for the 66th or greater day of extended
benefits for such registration period. For registration periods
beginning on or after February 1, 2021, a recovery benefit
under this section shall only be payable to a qualified employee
with respect to any registration period in which the employee
received normal unemployment benefits as defined in para-
graph (c)(1), but shall not be payable to a qualified employee
who did not receive unemployment benefits or who received ex-
tended benefits as defined in paragraph (c)(2) for such registra-
tion period.’’.
Page 1649, line 15, strike ‘‘$1,000,000,000’’ and insert
‘‘$750,000,000’’.
Page 1653, after line 2, insert the following:
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34
SEC. 190607. EXTENSION OF EXTENDED UNEMPLOYMENT BENEFITS
UNDER THE RAILROAD UNEMPLOYMENT INSURANCE
ACT.
(a) IN GENERAL.—Section 2(c)(2)(D)(iii) of the Railroad Unem-
ployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is amended—
(1) by striking ‘‘June 30, 2020’’ and inserting ‘‘June 30,
2021’’; and
(2) by striking ‘‘no extended benefit period under this para-
graph shall begin after December 31, 2020’’ and inserting ‘‘the
provisions of clauses (i) and (ii) shall not apply to any employee
whose extended benefit period under subparagraph (B) begins
on or after February 1, 2021, and shall not apply to any em-
ployee with respect to any registration period beginning on or
after April 1, 2021’’.
(b) CLARIFICATION ON AUTHORITY TO USE FUNDS.—Funds appro-
priated under either the first or second sentence of clause (iv) of
section 2(c)(2)(D) of the Railroad Unemployment Insurance Act
shall be available to cover the cost of additional extended unem-
ployment benefits provided under such section 2(c)(2)(D) by reason
of the amendments made by subsection (a) as well as to cover the
cost of such benefits provided under such section 2(c)(2)(D) as in ef-
fect on the day before the date of enactment of this Act.
SEC. 190608. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD
FOR BENEFITS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT.
(a) IN GENERAL.—Section 2112(a) of the Relief for Workers Af-
fected by Coronavirus Act (subtitle A of title II of division A of Pub-
lic Law 116–136), is amended by striking ‘‘December 31, 2020’’ and
inserting ‘‘January 31, 2021’’.
(b) OPERATING INSTRUCTIONS AND REGULATIONS.—The Railroad
Retirement Board may prescribe any operating instructions or reg-
ulations necessary to carry out this section.
Page 1688, line 23, insert after ‘‘1987’’ the following: ‘‘, or who
is serving a term of imprisonment in the custody of the Bureau of
Prisons for a sentence imposed pursuant to a conviction for a crimi-
nal offense under the laws of the District of Columbia’’.
Page 1708, line 7, insert after ‘‘Bureau of Prisons’’ the following:
‘‘, including pursuant to a conviction for a criminal offense under
the laws of the District of Columbia,’’.
Page 1786, beginning on line 25, strike ‘‘[section 191505(a)]’’ and
insert ‘‘section 191507(a)’’.
Page 1787, line 5, strike ‘‘[section 191507(a)]’’ and insert ‘‘section
191509(a)’’.
Page 1787, beginning on line 24 strike ‘‘[section 191505(a)]’’ and
insert ‘‘section 191507(a)’’.
Page 1788, line 2, strike ‘‘[section 191503]’’ and insert ‘‘section
191505’’.
Page 1789, beginning on line 25, strike ‘‘[section 191503]’’ and in-
sert ‘‘section 191505’’.
Page 1798, after line 25, insert the following new title:
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35
TITLE XVI—SCIENTIFIC INTEGRITY ACT
SEC. 191601. SHORT TITLE.
This title may be cited as the ‘‘Scientific Integrity Act’’.
SEC. 191602. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) science and the scientific process should help inform and
guide public policy decisions on a wide range of issues, includ-
ing improvement of public health, protection of the environ-
ment, and protection of national security;
(2) the public must be able to trust the science and scientific
process informing public policy decisions;
(3) science, the scientific process, and the communication of
science should be free from politics, ideology, and financial con-
flicts of interest;
(4) policies and procedures that ensure the integrity of the
conduct and communication of publicly funded science are crit-
ical to ensuring public trust;
(5) a Federal agency that funds, conducts, or oversees re-
search should not suppress, alter, interfere with, or otherwise
impede the timely communication and open exchange of data
and findings to other agencies, policymakers, and the public of
research conducted by a scientist or engineer employed or con-
tracted by a Federal agency that funds, conducts, or oversees
scientific research;
(6) Federal agencies that fund, conduct, or oversee research
should work to prevent the suppression or distortion of the
data and findings;
(7) under the First Amendment to the Constitution, citizens
of the United States have the right to ‘‘petition the government
for a redress of grievances’’; and
(8) Congress has further protected those rights under section
7211 of title 5, United States Code, which states, ‘‘the right of
employees, individually or collectively, to petition Congress or
a member of Congress . . . may not be interfered with or de-
nied’’.
SEC. 191603. AMENDMENT TO AMERICA COMPETES ACT.
Section 1009 of the America COMPETES Act (42 U.S.C. 6620) is
amended by striking subsections (a) and (b) and inserting the fol-
lowing:
‘‘(a) SCIENTIFIC INTEGRITY POLICIES.—
‘‘(1) IN GENERAL.—Not later than 90 days after the date of
enactment of the Scientific Integrity Act, the head of each cov-
ered agency shall—
‘‘(A) adopt and enforce a scientific integrity policy in ac-
cordance with subsections (b) and (c); and
‘‘(B) submit such policy to the Director of the Office of
Science and Technology Policy for approval.
‘‘(2) PUBLICATION.—Not later than 30 days after the Director
of the Office of Science and Technology Policy approves the sci-
entific integrity policy under paragraph (1), the head of each
covered agency shall—
‘‘(A) make such policy available to the public on the
website of the agency; and
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36
‘‘(B) submit such policy to the relevant Committees of
Congress.
‘‘(b) REQUIREMENTS.—A scientific integrity policy under sub-
section (a)—
‘‘(1) shall prohibit any covered individual from—
‘‘(A) engaging in dishonesty, fraud, deceit, misrepresen-
tation, coercive manipulation, or other scientific or re-
search misconduct;
‘‘(B) suppressing, altering, interfering with, delaying
without scientific merit, or otherwise impeding the release
and communication of, scientific or technical findings;
‘‘(C) intimidating or coercing an individual to alter or
censor, attempting to intimidate or coerce an individual to
alter or censor, or retaliating against an individual for fail-
ure to alter or censor, scientific or technical findings; or
‘‘(D) implementing an institutional barrier to cooperation
with scientists outside the covered agency and the timely
communication of scientific or technical findings;
‘‘(2) shall allow a covered individual to—
‘‘(A) disseminate scientific or technical findings, subject
to existing law, by—
‘‘(i) participating in scientific conferences; and
‘‘(ii) seeking publication in online and print publica-
tions through peer-reviewed, professional, or scholarly
journals;
‘‘(B) sit on scientific advisory or governing boards;
‘‘(C) join or hold leadership positions on scientific coun-
cils, societies, unions, and other professional organizations;
‘‘(D) contribute to the academic peer-review process as
reviewers or editors; and
‘‘(E) participate and engage with the scientific commu-
nity;
‘‘(3) may require a covered individual to, before dissemi-
nating scientific or technical findings as described in para-
graph (2)(A), submit such findings to the agency for the pur-
pose of review by the agency of the data and findings for tech-
nical accuracy if the scientific integrity policy outlines a clear
and consistent process for such review; and
‘‘(4) shall require that—
‘‘(A) scientific conclusions are not made based on polit-
ical considerations;
‘‘(B) the selection and retention of candidates for science
and technology positions in the covered agency are based
primarily on the candidate’s expertise, scientific creden-
tials, experience, and integrity;
‘‘(C) personnel actions regarding covered individuals, ex-
cept for political appointees, are not taken on the basis of
political consideration or ideology;
‘‘(D) covered individuals adhere to the highest ethical
and professional standards in conducting their research
and disseminating their findings;
‘‘(E) the appropriate rules, procedures, and safeguards
are in place to ensure the integrity of the scientific process
within the covered agency;
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37
‘‘(F) scientific or technological information considered in
policy decisions is subject to well-established scientific
processes, including peer review where appropriate;
‘‘(G) procedures, including procedures with respect to ap-
plicable whistleblower protections, are in place as are nec-
essary to ensure the integrity of scientific and techno-
logical information and processes on which the covered
agency relies in its decision making or otherwise uses; and
‘‘(H) enforcement of such policy is consistent with the
processes for an administrative hearing and an adminis-
trative appeal.
‘‘(c) IMPLEMENTATION.—In carrying out subsection (a), the head
of each covered agency shall—
‘‘(1) design the scientific integrity policy to apply with respect
to the covered agency;
‘‘(2) ensure that such policy is clear with respect to what ac-
tivities are permitted and what activities are not permitted;
‘‘(3) ensure that there is a process for individuals not em-
ployed or contracted by the agency, including grantees, collabo-
rators, partners, and volunteers, to report violations of the sci-
entific integrity policy;
‘‘(4) enforce such policy uniformly throughout the covered
agency; and
‘‘(5) make such policy available to the public, employees, pri-
vate contractors, and grantees of the covered agency.
‘‘(d) SCIENTIFIC INTEGRITY OFFICER.—Not later than 90 days
after the date of enactment of this Act, each covered agency shall
appoint a Scientific Integrity Officer, who shall—
‘‘(1) be a career employee at the covered agency in a profes-
sional position;
‘‘(2) have technical knowledge and expertise in conducting
and overseeing scientific research;
‘‘(3) direct the activities and duties described in subsections
(e), (f), and (g); and
‘‘(4) work closely with the inspector general of the covered
agency, as appropriate.
‘‘(e) ADMINISTRATIVE PROCESS AND TRAINING.—Not later than 180
days after the date of enactment of this Act, the head of each cov-
ered agency shall establish—
‘‘(1) an administrative process and administrative appeal
process for dispute resolution consistent with the scientific in-
tegrity policy of the covered agency adopted under subsection
(a); and
‘‘(2) a training program to provide—
‘‘(A) regular scientific integrity and ethics training to
employees and contractors of the covered agency;
‘‘(B) new covered employees with training within one
month of commencing employment;
‘‘(C) information to ensure that covered individuals are
fully aware of their rights and responsibilities regarding
the conduct of scientific research, publication of scientific
research, and communication with the media and the pub-
lic regarding scientific research; and
‘‘(D) information to ensure that covered individuals are
fully aware of their rights and responsibilities for adminis-
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38
trative hearings and appeals established in the covered
agency’s scientific integrity policy.
‘‘(f) REPORTING.—
‘‘(1) ANNUAL REPORT.—Each year, each Scientific Integrity
Officer appointed by a covered agency under subsection (d)
shall post an annual report on the public website of the cov-
ered agency that includes, for the year covered by the report—
‘‘(A) the number of complaints of misconduct with re-
spect to the scientific integrity policy adopted under sub-
section (a)—
‘‘(i) filed for administrative redress;
‘‘(ii) petitioned for administrative appeal; and
‘‘(iii) still pending from years prior to the year cov-
ered by the report, if any;
‘‘(B) an anonymized summary of each such complaint
and the results of each such complaint; and
‘‘(C) any changes made to the scientific integrity policy.
‘‘(2) INCIDENT REPORT.—
‘‘(A) IN GENERAL.—Not later than 30 days after the date
on which an incident described in subparagraph (B) occurs,
the head of a covered agency shall submit a report describ-
ing the incident to the Office of Science and Technology
Policy and the relevant Committees of Congress.
‘‘(B) INCIDENT.—An incident described under this para-
graph is an incident in which an individual, acting outside
the channels established under subsection (e), overrules
the decision of the Scientific Integrity Officer with respect
to a dispute regarding a violation of the scientific integrity
policy.
‘‘(g) OFFICE OF SCIENCE AND TECHNOLOGY POLICY.—The Director
of the Office of Science and Technology Policy shall—
‘‘(1) collate, organize, and publicly share all information it re-
ceives under subsection (g) in one place on its own website; and
‘‘(2) on an annual basis, convene the Scientific Integrity Offi-
cer of each covered agency appointed under subsection (d) to
discuss best practices for implementing the requirements of
this section.
‘‘(h) PERIODIC REVIEW AND APPROVAL.—
‘‘(1) INTERNAL REVIEW.—The head of each covered agency
shall periodically conduct a review of the scientific integrity
policy and change such policy as appropriate.
‘‘(2) REVIEW BY THE OFFICE OF SCIENCE AND TECHNOLOGY
POLICY.—
‘‘(A) REVIEW OF SUBSTANTIAL UPDATES.—The head of
each covered agency shall submit to the Office of Science
and Technology Policy for approval any substantial
changes to the scientific integrity policy.
‘‘(B) QUINQUENNIAL REVIEW.—Not later than 5 years
after the date of the enactment of the Scientific Integrity
Act, and quinquennially thereafter, the head of each cov-
ered agency shall submit the scientific integrity policy to
the Office of Science and Technology Policy for review and
approval.
‘‘(i) COMPTROLLER GENERAL REVIEW.—Not later than 2 years
after the date of the enactment of the Scientific Integrity Act, the
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39
Comptroller General shall conduct a review of the implementation
of the scientific integrity policy by each covered agency.
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) AGENCY.—The term ‘agency’ has the meaning given the
term in section 551 of title 5, United States Code.
‘‘(2) COVERED AGENCY.—The term ‘covered agency’ means an
agency that funds, conducts, or oversees scientific research.
‘‘(3) COVERED INDIVIDUAL.—The term ‘covered individual’
means a Federal employee or contractor who—
‘‘(A) is engaged in, supervises, or manages scientific ac-
tivities;
‘‘(B) analyzes or publicly communicates information re-
sulting from scientific activities; or
‘‘(C) uses scientific information or analyses in making
bureau, office, or agency policy, management, or regulatory
decisions.
‘‘(4) RELEVANT COMMITTEES OF CONGRESS.—The term ‘rel-
evant Committees of Congress’ means—
‘‘(A) the Committee on Commerce, Science, and Trans-
portation of the Senate; and
‘‘(B) the Committee on Science, Space, and Technology of
the House of Representatives.’’.
SEC. 191604. EXISTING POLICIES; CLARIFICATION.
(a) EXISTING SCIENTIFIC INTEGRITY POLICIES.—Notwithstanding
the amendments made by this title, a covered agency’s scientific in-
tegrity policy that was in effect on the day before the date of enact-
ment of this Act may satisfy the requirements under the amend-
ments made by this title if the head of the covered agency—
(1) makes a written determination that the policy satisfies
such requirements; and
(2) submits the written determination and the policy to the
Director of the Office of Science and Technology Policy for re-
view and approval.
(b) CLARIFICATION.—Nothing in this title shall affect the applica-
tion of United States copyright law.
(c) COVERED AGENCY DEFINED.—The term ‘‘covered agency’’ has
the meaning given the term in section 1009 of the America COM-
PETES Act (42 U.S.C. 6620).
Æ
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