The Heroes Act: H.R. 925 (116th Congress), engrossed amendment of the House, October 1, 2020
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“The Heroes Act: H.R. 925 (116th Congress), engrossed amendment of the House, October 1, 2020.”
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In the House of Representatives, U. S.,
October 1, 2020.
Resolved, That the House agree to the amendment of the
Senate to the title of the bill (H.R. 925) entitled ‘‘An Act to
extend the authorization of appropriations for allocation to
carry out approved wetlands conservation projects under the
North American Wetlands Conservation Act through fiscal
year 2024.’’ and be it further
Resolved, That the House agree to the amendment of the
Senate to the text of the aforementioned bill, with the fol-
lowing
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert
the following:
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as ‘‘The Heroes Act’’.
3 SEC. 2. TABLE OF CONTENTS.
4 The table of contents for this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A—CORONAVIRUS RECOVERY SUPPLEMENTAL
APPROPRIATIONS ACT, 2021
DIVISION B—PROVIDING RELIEF TO STUDENTS, INSTITUTIONS OF
HIGHER EDUCATION, LOCAL EDUCATIONAL AGENCIES, AND
STATE VOCATIONAL REHABILITATION AGENCIES
Title I—Higher Education Provisions
Title II—Impact Aid and Migrant Education Coronavirus Relief
2
Title III—Career, Technical, and Adult Education
Title IV—Disability Employment
DIVISION C—PROTECTION FOR FAMILIES AND WORKERS
Title I—Amendments to Emergency Family and Medical Leave Expansion Act
and Emergency Paid Sick Leave Act
Title II—COVID–19 Every Worker Protection Act of 2020
Title III—COVID–19 Protections under Longshore and Harbor Workers’ Com-
pensation Act
Title IV—Worker’s Compensation for Federal and Postal Employees Diagnosed
with COVID–19
Title V—COVID–19 Workforce Development Response Activities
DIVISION D—HUMAN SERVICES AND COMMUNITY SUPPORTS
Title I—Stronger Child Abuse Prevention and Treatment
Title II—Child Nutrition and the Special Supplemental Nutrition Program for
Women, Infants, and Children
Title III—Related Programs
DIVISION E—SMALL BUSINESS PROVISIONS
Title I—Funding Provisions
Title II—Modifications to the Paycheck Protection Program
Title III—Tax Provisions
Title IV—COVID–19 Economic Injury Disaster Loan Program Reform
Title V—Micro-SBIC and Equity Investment Enhancement
Title VI—Miscellaneous
DIVISION F—REVENUE PROVISIONS
Title I—Economic Stimulus
Title II—Provisions to Prevent Business Interruption
Title III—Net Operating Losses
DIVISION G—RETIREMENT PROVISIONS
Title I—Relief for Multiemployer Pension Plans
Title II—Relief for Single Employer Pension Plans
Title III—Other Retirement Related Provisions
DIVISION H—GIVING RETIREMENT OPTIONS TO WORKERS ACT
DIVISION I—CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS
Title I—Extensions of CARES Act Unemployment Benefits for Workers
Title II—Additional Weeks of Benefit Eligibility
Title III—Clarifications and Improvements to Pandemic Unemployment Assist-
ance
Title IV—Extension of Relief to States and Employers
Title V—Corrective Action for Processing Backlogs
Title VI—Additional Benefits for Mixed Earners
Title VII—Technical Corrections
DIVISION J—EMERGENCY ASSISTANCE, ELDER JUSTICE, AND
CHILD AND FAMILY SUPPORT
Title I—Emergency assistance
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Title II—Reauthorization of Funding for Programs to Prevent, Investigate, and
Prosecute Elder Abuse, Neglect, and Exploitation
Title III—Fairness for Seniors and People with Disabilities During COVID–19
Title IV—Supporting Foster Youth and Families through the Pandemic
Title V—Pandemic State Flexibilities
DIVISION K—HEALTH PROVISIONS
Title I—Medicaid Provisions
Title II—Medicare Provisions
Title III—Private Insurance Provisions
Title IV—Application to Other Health Programs
Title V—Public Health Policies
Title VI—Public Health Assistance
Title VII—Vaccine Development, Distribution, Administration, and Awareness
Title VIII—Other Matters
DIVISION L—VETERANS AND SERVICEMEMBERS PROVISIONS
DIVISION M—CONSUMER PROTECTION AND TELECOMMUNICATIONS
PROVISIONS
Title I—COVID–19 Price Gouging Prevention
Title II—E–Rate Support for Wi-Fi Hotspots, Other Equipment, Connected De-
vices, and Connectivity
Title III—Emergency Benefit for Broadband Service
Title IV—Continued Connectivity
Title V—Don’t Break Up the T–Band
Title VI—COVID–19 Compassion and Martha Wright Prison Phone Justice
DIVISION N—AGRICULTURE PROVISIONS
Title I—Livestock and Poultry
Title II—Dairy
Title III—Specialty Crops and Other Commodities
Title IV—Commodity Credit Corporation
Title V—Conservation
Title VI—Nutrition
Title VII—Rural Development
DIVISION O—COVID–19 HERO ACT
Title I—Providing Medical Equipment for First Responders and Essential Work-
ers
Title II—Protecting Renters and Homeowners From Evictions and Foreclosures
Title III—Protecting People Experiencing Homelessness
Title IV—Suspending Negative Credit Reporting and Strengthening Consumer
and Investor Protections
Title V—Protecting Student Borrowers
Title VI—Standing Up for Small Businesses, Minority-Owned Businesses, and
Non-Profits
Title VII—Promoting and Advancing Communities of Color through Inclusive
Lending
Title VIII—Providing Assistance for State, Territory, Tribal, and Local Govern-
ments
Title IX—Support for a Robust Global Response to the Covid–19 Pandemic
Title X—Providing Oversight and Protecting Taxpayers
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DIVISION P—ACCESS ACT
DIVISION Q—TRANSPORTATION AND INFRASTRUCTURE
Title I—Aviation
Title II—Federal Emergency Management Agency
Title III—Other matters
DIVISION R—ACCOUNTABILITY AND GOVERNMENT OPERATIONS
Title I—Accountability
Title II—Census Matters
Title III—Federal Workforce
Title IV—Federal Contracting Provisions
Title V—District of Columbia
Title VI—Other Matters
DIVISION S—FOREIGN AFFAIRS PROVISIONS
Title I—Matters Relating to the Department of State
Title II—Global Health Security Act of 2020
Title III—Securing America From Epidemics Act
DIVISION T—JUDICIARY MATTERS
Title I—Immigration Matters
Title II—Prisons and jails
Title III—Victims of Crime Act Amendments
Title IV—Jabara-Heyer NO HATE Act
Title V—Bankruptcy Protections
DIVISION U—OTHER MATTERS
Title I—Presumption of Service Connection for Coronavirus Disease 2019
Title II—Coronavirus Relief Fund Amendments
Title III—Energy and Environment Provisions
Title IV—Miscellaneous Matters
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
4 be treated as referring only to the provisions of that divi-
5 sion.
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1 DIVISION A—CORONAVIRUS RECOVERY
2 SUPPLEMENTAL APPROPRIATIONS
3 ACT, 2021
4 The following sums are hereby appropriated, out of
5 any money in the Treasury not otherwise appropriated, for
6 the fiscal year ending September 30, 2021, and for other
7 purposes, namely:
8 TITLE I
9 AGRICULTURE, RURAL DEVELOPMENT, FOOD
10 AND DRUG ADMINISTRATION, AND RELATED
11 AGENCIES
12 DEPARTMENT OF AGRICULTURE
13 AGRICULTURAL PROGRAMS
14 OFFICE OF INSPECTOR GENERAL
15 For an additional amount for ‘‘Office of Inspector
16 General’’, $2,500,000, to remain available until expended,
17 to prevent, prepare for, and respond to coronavirus, domes-
18 tically or internationally: Provided, That the funding made
19 available under this heading in this Act shall be used for
20 conducting audits and investigations of projects and activi-
21 ties carried out with funds made available to the Depart-
22 ment of Agriculture to prevent, prepare for, and respond
23 to coronavirus, domestically or internationally: Provided
24 further, That such amounts shall be in addition to any
25 other amounts available for such purposes: Provided fur-
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1 ther, That such amount is designated by the Congress as
2 being for an emergency requirement pursuant to section
3 251(b)(2)(A)(i) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985.
5 RURAL DEVELOPMENT PROGRAMS
6 RURAL HOUSING SERVICE
7 SALARIES AND EXPENSES
8 For an additional amount for ‘‘Salaries and Ex-
9 penses’’, $10,000,000, to prevent, prepare for, and respond
10 to coronavirus, domestically or internationally, including
11 administrative expenses: Provided, That such amounts shall
12 be in addition to any other amounts available for such pur-
13 poses: Provided further, That such amount is designated by
14 the Congress as being for an emergency requirement pursu-
15 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
16 Emergency Deficit Control Act of 1985.
17 RENTAL ASSISTANCE PROGRAM
18 For an additional amount for ‘‘Rental Assistance Pro-
19 gram’’, $309,000,000, to prevent, prepare for, and respond
20 to coronavirus, including for temporary adjustment of wage
21 income losses for residents of housing financed or assisted
22 under section 514, 515, or 516 of the Housing Act of 1949,
23 without regard to any existing eligibility requirements
24 based on income: Provided, That such amount is designated
25 by the Congress as being for an emergency requirement pur-
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1 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3 DOMESTIC FOOD PROGRAMS
4 FOOD AND NUTRITION SERVICE
5 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
6 WOMEN, INFANTS, AND CHILDREN (WIC)
7 For an additional amount for the ‘‘Special Supple-
8 mental Nutrition Program for Women, Infants, and Chil-
9 dren’’, $400,000,000: Provided, That such amount is des-
10 ignated by the Congress as being for an emergency require-
11 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
12 Budget and Emergency Deficit Control Act of 1985.
13 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
14 For an additional amount for ‘‘Supplemental Nutri-
15 tion Assistance Program’’, $10,000,000,000, to prevent, pre-
16 pare for, and respond to coronavirus: Provided, That such
17 amounts shall be in addition to any other amounts avail-
18 able for such purposes: Provided further, That such amount
19 is designated by the Congress as being for an emergency
20 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
21 anced Budget and Emergency Deficit Control Act of 1985.
22 COMMODITY ASSISTANCE PROGRAM
23 For an additional amount for ‘‘Commodity Assistance
24 Program’’, $450,000,000, for the emergency food assistance
25 program as authorized by section 27(a) of the Food and
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1 Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section
2 204(a)(1) of the Emergency Food Assistance Act of 1983
3 (7 U.S.C. 7508(a)(1)): Provided, That such amount is des-
4 ignated by the Congress as being for an emergency require-
5 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
6 Budget and Emergency Deficit Control Act of 1985.
7 DEPARTMENT OF HEALTH AND HUMAN
8 SERVICES
9 FOOD AND DRUG ADMINISTRATION
10 SALARIES AND EXPENSES
11 For an additional amount for ‘‘Salaries and Ex-
12 penses’’, $1,500,000, to remain available until expended, to
13 prevent, prepare for, and respond to coronavirus, domesti-
14 cally or internationally, for the purposes of holding one or
15 more advisory committee meetings to discuss requests for
16 authorization or applications for approval of vaccines for
17 coronavirus: Provided, That such amount is designated by
18 the Congress as being for an emergency requirement pursu-
19 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 GENERAL PROVISIONS—THIS TITLE
22 SEC. 101. For an additional amount for grants to
23 Rural Utilities Service borrowers, as authorized in section
24 701 of division N of this Act, to prevent, prepare for, and
25 respond to coronavirus, $2,600,000,000, to remain available
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1 until September 30, 2022: Provided, That such amount is
2 designated by Congress as being for an emergency require-
3 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
4 Budget and Emergency Deficit Control Act of 1985.
5 SEC. 102. For an additional amount for the Common-
6 wealth of the Northern Mariana Islands, $14,000,000, for
7 nutrition assistance to prevent, prepare for, and respond
8 to coronavirus: Provided, That such amounts shall be in
9 addition to any other amounts available for such purposes:
10 Provided further, That such amount is designated by the
11 Congress as being for an emergency requirement pursuant
12 to section 251(b)(2)(A)(i) of the Balanced Budget and
13 Emergency Deficit Control Act of 1985.
14 SEC. 103. For an additional amount for the Common-
15 wealth of Puerto Rico, $1,236,000,000, for nutrition assist-
16 ance to prevent, prepare for, and respond to coronavirus:
17 Provided, That such amounts shall be in addition to any
18 other amounts available for such purposes: Provided fur-
19 ther, That such amount is designated by the Congress as
20 being for an emergency requirement pursuant to section
21 251(b)(2)(A)(i) of the Balanced Budget and Emergency
22 Deficit Control Act of 1985.
23 SEC. 104. For an additional amount for American
24 Samoa, $9,117,000, for nutrition assistance to prevent, pre-
25 pare for, and respond to coronavirus: Provided, That such
•HR 925 EAH
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1 amounts shall be in addition to any other amounts avail-
2 able for such purposes: Provided further, That such amount
3 is designated by the Congress as being for an emergency
4 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
5 anced Budget and Emergency Deficit Control Act of 1985.
6 SEC. 105. The matter preceding the first proviso under
7 the heading ‘‘Commodity Assistance Program’’ in title I of
8 division B of the Coronavirus Aid, Relief, and Economic
9 Security Act (Public Law 116–136), is amended by striking
10 ‘‘to prevent, prepare for, and respond to coronavirus, do-
11 mestically or internationally,’’: Provided, That the amounts
12 repurposed pursuant to the amendment made by this sec-
13 tion that were previously designated by the Congress as an
14 emergency requirement pursuant to the Balanced Budget
15 and Emergency Deficit Control Act of 1985 are designated
16 by the Congress as an emergency requirement pursuant to
17 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
18 gency Deficit Control Act of 1985.
19 SEC. 106. For an additional amount for the program
20 established under section 7522 of the Food, Conservation,
21 and Energy Act of 2008 (7 U.S.C. 5936), to prevent, pre-
22 pare for, and respond to coronavirus, $20,000,000: Pro-
23 vided, That such amount is designated by the Congress as
24 being for an emergency requirement pursuant to section
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 SEC. 107. Section 11004 in title I of division B of the
4 Coronavirus Aid, Relief, and Economic Security Act (Pub-
5 lic Law 116–136) is amended by inserting after the fourth
6 proviso the following: ‘‘Provided further, That the condition
7 set forth in section 9003(f) of the Farm Security and Rural
8 Investment Act of 2002 shall apply with respect to all con-
9 struction, alteration, or repair work carried out, in whole
10 or in part, with funds made available by this section:’’: Pro-
11 vided, That amounts repurposed pursuant to the amend-
12 ments made pursuant to this section are designated by the
13 Congress as being for an emergency requirement pursuant
14 to section 251(b)(2)(A)(i) of the Balanced Budget and
15 Emergency Deficit Control Act of 1985.
16 SEC. 108. For necessary expenses for salary and re-
17 lated costs associated with Agriculture Quarantine and In-
18 spection Services activities pursuant to 21 U.S.C. 136a(6),
19 and in addition to any other funds made available for this
20 purpose, there is appropriated, out of any money in the
21 Treasury not otherwise appropriated, $350,000,000, to re-
22 main available until September 30, 2022, to offset the loss
23 resulting from the coronavirus pandemic of quarantine and
24 inspection fees collected pursuant to sections 2508 and 2509
25 of the Food, Agriculture, Conservation, and Trade Act of
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1 1990 (21 U.S.C. 136, 136a): Provided, That amounts made
2 available in this section and under the heading ‘‘Animal
3 and Plant Health Inspection Service—Salaries and Ex-
4 penses’’ in the Coronavirus Aid, Relief, and Economic Secu-
5 rity Act (Public Law 116–136) shall be treated as funds
6 collected by fees authorized under sections 2508 and 2509
7 of the Food, Agriculture, Conservation, and Trade Act of
8 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f)
9 of the Homeland Security Act of 2002 (6 U.S.C. 231(f)):
10 Provided further, That, the amounts repurposed in this sec-
11 tion that were previously designated by the Congress as an
12 emergency requirement pursuant to the Balanced Budget
13 and Emergency Deficit Control Act of 1985 are designated
14 by the Congress as an emergency requirement pursuant to
15 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
16 gency Deficit Control Act of 1985: Provided further, That
17 such amount is designated by the Congress as being for an
18 emergency requirement pursuant to section 251(b)(2)(A)(i)
19 of the Balanced Budget and Emergency Deficit Control Act
20 of 1985.
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1 TITLE II
2 COMMERCE, JUSTICE, SCIENCE, AND RELATED
3 AGENCIES
4 DEPARTMENT OF COMMERCE
5 INTERNATIONAL TRADE ADMINISTRATION
6 OPERATIONS AND ADMINISTRATION
7 For an additional amount for ‘‘Operations and Ad-
8 ministration’’, $20,000,000, to prevent, prepare for, and re-
9 spond to coronavirus: Provided, That such amount is des-
10 ignated by the Congress as being for an emergency require-
11 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
12 Budget and Emergency Deficit Control Act of 1985.
13 MINORITY BUSINESS DEVELOPMENT AGENCY
14 MINORITY BUSINESS DEVELOPMENT
15 For an additional amount for ‘‘Minority Business De-
16 velopment’’, $25,000,000, for necessary expenses for the
17 Business Centers and Specialty Centers, including any cost
18 sharing requirements that may exist, for assisting minority
19 business enterprises to prevent, prepare for, and respond to
20 coronavirus, including identifying and accessing local,
21 State, and Federal government assistance related to such
22 virus: Provided, That such amount is designated by the
23 Congress as being for an emergency requirement pursuant
24 to section 251(b)(2)(A)(i) of the Balanced Budget and
25 Emergency Deficit Control Act of 1985.
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1 BUREAU OF THE CENSUS
2 CURRENT SURVEYS AND PROGRAMS
3 (INCLUDING TRANSFER OF FUNDS)
4 For an additional amount for ‘‘Current Surveys and
5 Programs’’, $10,000,000: Provided, That such sums may be
6 transferred to the Bureau of the Census Working Capital
7 Fund for necessary expenses incurred as a result of the
8 coronavirus, including for payment of salaries and leave
9 to Bureau of the Census staff resulting from the suspension
10 of data collection for reimbursable surveys conducted for
11 other Federal agencies: Provided, That such transfer author-
12 ity is in addition to any other transfer authority provided
13 by law: Provided further, That such amount is designated
14 by the Congress as being for an emergency requirement pur-
15 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
16 Emergency Deficit Control Act of 1985.
17 PERIODIC CENSUSES AND PROGRAMS
18 For an additional amount for ‘‘Periodic Censuses and
19 Programs’’, $400,000,000, to remain available until Sep-
20 tember 30, 2022, to prevent, prepare for, and respond to
21 coronavirus: Provided, That such amount is designated by
22 the Congress as being for an emergency requirement pursu-
23 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.
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1 UNITED STATES PATENT AND TRADEMARK OFFICE
2 SALARIES AND EXPENSES
3 For an additional amount for ‘‘United States Patent
4 and Trademark Office, Salaries and Expenses’’,
5 $95,000,000, to prevent, prepare for, and respond to
6 coronavirus: Provided, That such amount is designated by
7 the Congress as being for an emergency requirement pursu-
8 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
11 INDUSTRIAL TECHNOLOGY SERVICES
12 For an additional amount for ‘‘Industrial Technology
13 Services’’, $70,000,000, of which $50,000,000 shall be for
14 the Hollings Manufacturing Extension Partnership to as-
15 sist manufacturers to prevent, prepare for, and respond to
16 coronavirus, and $20,000,000 shall be for the National Net-
17 work for Manufacturing Innovation (also known as ‘‘Manu-
18 facturing USA’’) to prevent, prepare for, and respond to
19 coronavirus, including to support development and manu-
20 facturing of medical countermeasures and biomedical
21 equipment and supplies: Provided, That none of the funds
22 provided under this heading in this Act shall be subject to
23 cost share requirements under section 34(e)(7)(A) of the Na-
24 tional Institute of Standards and Technology Act (15
25 U.S.C. 278s(e)(7)(A)): Provided further, That such amount
•HR 925 EAH
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1 is designated by the Congress as being for an emergency
2 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
3 anced Budget and Emergency Deficit Control Act of 1985.
4 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
5 PROCUREMENT, ACQUISITION AND CONSTRUCTION
6 For an additional amount for ‘‘Procurement, Acquisi-
7 tion and Construction’’, $42,000,000, to prevent, prepare
8 for, and respond to coronavirus, by supporting continuity
9 of National Weather Service life and property related oper-
10 ations: Provided, That such amount is designated by the
11 Congress as being for an emergency requirement pursuant
12 to section 251(b)(2)(A)(i) of the Balanced Budget and
13 Emergency Deficit Control Act of 1985.
14 FISHERIES PROMOTION FUND
15 For an additional amount for ‘‘Fisheries Promotion
16 Fund’’, $100,000,000, to remain available until September
17 30, 2022, to prevent, prepare for, and respond to
18 coronavirus, for grants authorized by the Saltonstall-Ken-
19 nedy Act of 1954 (15 U.S.C. 713c): Provided, That within
20 the amount appropriated under this heading in this Act,
21 up to 2 percent of funds may be transferred to the ‘‘Oper-
22 ations, Research, and Facilities’’ account for management,
23 administration, and oversight of funds provided under this
24 heading in this Act: Provided further, That such transfer
25 authority is in addition to any other transfer authority
•HR 925 EAH
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1 provided by law: Provided further, That such amount is
2 designated by the Congress as being for an emergency re-
3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
4 anced Budget and Emergency Deficit Control Act of 1985.
5 FISHERIES DISASTER ASSISTANCE
6 For an additional amount for ‘‘Fisheries Disaster As-
7 sistance’’, $250,000,000, for activities authorized under sec-
8 tion 12005 of the Coronavirus Aid, Relief, and Economic
9 Security Act of 2020 (Public Law 116–136), including for
10 necessary expenses to provide assistance to Tribal, subsist-
11 ence, commercial, and charter fishery participants affected
12 by the novel coronavirus (COVID–19), which may include
13 direct relief payments: Provided, That of the funds provided
14 under this heading in this Act, $25,000,000 shall be for
15 Tribal fishery participants who belong to Federally recog-
16 nized Tribes in any of the Nation’s States and territories:
17 Provided further, That such amount is designated by the
18 Congress as being for an emergency requirement pursuant
19 to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 DEPARTMENTAL MANAGEMENT
22 OFFICE OF INSPECTOR GENERAL
23 For an additional amount for ‘‘Office of Inspector
24 General’’, $2,000,000, to remain available until expended
25 to prevent, prepare for, and respond to coronavirus, includ-
•HR 925 EAH
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1 ing the impact of coronavirus on the work of the Depart-
2 ment of Commerce and to carry out investigations and au-
3 dits related to the funding made available for the Depart-
4 ment of Commerce in this Act and in title II of division
5 B of Public Law 116–136: Provided, That such amount is
6 designated by the Congress as being for an emergency re-
7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
8 anced Budget and Emergency Deficit Control Act of 1985.
9 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF
10 COMMERCE
11 SEC. 201. Notwithstanding any other provision of law,
12 the Federal share for grants provided by the Economic De-
13 velopment Administration under Public Law 116–93 and
14 Public Law 116–136 shall be 100 percent: Provided, That
15 the amounts repurposed in this section that were previously
16 designated by the Congress as an emergency requirement
17 pursuant to the Balanced Budget and Emergency Deficit
18 Control Act of 1985 are designated by the Congress as an
19 emergency requirement pursuant to section 251(b)(2)(A)(i)
20 of the Balanced Budget and Emergency Deficit Control Act
21 of 1985.
22 SEC. 202. The Secretary of Commerce may waive, in
23 whole or in part, the matching requirements under section
24 306 and 306A, and the cost sharing requirements under sec-
25 tion 315, of the Coastal Zone Management Act of 1972 (16
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1 U.S.C. 1455, 1455a, and 1461 respectively) as necessary for
2 fiscal years 2020, 2021, and 2022 upon written request by
3 a coastal State.
4 SEC. 203. Amounts provided by this Act, or any other
5 Act making appropriations for fiscal year 2021, for the
6 Hollings Manufacturing Extension Partnership under the
7 heading ‘‘National Institute of Standards and Tech-
8 nology—Industrial Technology Services’’ shall not be sub-
9 ject to cost share requirements under section 25(e)(2) of the
10 National Institute of Standards and Technology Act (15
11 U.S.C. 278k(e)(2)): Provided, That the authority made
12 available pursuant to this section shall be elective for any
13 Manufacturing Extension Partnership Center that also re-
14 ceives funding from a State that is conditioned upon the
15 application of a Federal cost sharing requirement.
16 DEPARTMENT OF JUSTICE
17 FEDERAL PRISON SYSTEM
18 SALARIES AND EXPENSES
19 For an additional amount for ‘‘Salaries and Ex-
20 penses’’, $620,000,000, to prevent, prepare for, and respond
21 to coronavirus, including the impact of coronavirus on the
22 work of the Department of Justice, to include funding for
23 medical testing and services, personal protective equipment,
24 hygiene supplies and services, and sanitation services: Pro-
25 vided, That such amount is designated by the Congress as
•HR 925 EAH
20
1 being for an emergency requirement pursuant to section
2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4 OFFICE OF INSPECTOR GENERAL
5 For an additional amount for ‘‘Office of Inspector
6 General’’, $3,000,000, to remain available until expended
7 to prevent, prepare for, and respond to coronavirus, includ-
8 ing the impact of coronavirus on the work of the Depart-
9 ment of Justice and to carry out investigations and audits
10 related to the funding made available for the Department
11 of Justice in this Act and in title II of division B of Public
12 Law 116–136: Provided, That such amount is designated
13 by the Congress as being for an emergency requirement pur-
14 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
15 Emergency Deficit Control Act of 1985.
16 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
17 OFFICE ON VIOLENCE AGAINST WOMEN
18 VIOLENCE AGAINST WOMEN PREVENTION AND
19 PROSECUTION PROGRAMS
20 For an additional amount for ‘‘Violence Against
21 Women Prevention and Prosecution Programs’’,
22 $375,000,000, to remain available until expended, of
23 which—
24 (1) $100,000,000 is for formula grants to States
25 and territories to combat violence against women, as
•HR 925 EAH
21
1 authorized by part T of title I of the Omnibus Crime
2 Control and Safe Streets Acts of 1968;
3 (2) $40,000,000 is for transitional housing as-
4 sistance grants for victims of domestic violence, dat-
5 ing violence, stalking, or sexual assault, as authorized
6 by section 40299 of the Violent Crime Control and
7 Law Enforcement Act of 1994 (Public Law 103–322;
8 ‘‘1994 Act’’);
9 (3) $100,000,000 is for formula grants to States
10 and territories for sexual assault victims assistance,
11 as authorized by section 41601 of the 1994 Act;
12 (4) $20,000,000 is for rural domestic violence
13 and child abuse enforcement assistance grants, as au-
14 thorized by section 40295 of the 1994 Act;
15 (5) $15,000,000 is for grants to support families
16 in the justice system, as authorized by section 1301
17 of the Victims of Trafficking and Violence Protection
18 Act of 2000 (Public Law 106–386);
19 (6) $50,000,000 is for grants to Tribal govern-
20 ments, Tribal coalitions, Tribal non-profit organiza-
21 tions and Tribal organizations that serve Native vic-
22 tims for purposes authorized under 34 U.S.C.
23 10441(d), 34 U.S.C. 12511(d), 34 U.S.C. 10452 and
24 34 U.S.C. 12511(e);
•HR 925 EAH
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1 (7) $25,000,000 is for grants to enhance cul-
2 turally specific services for victims of domestic vio-
3 lence, dating violence, sexual assault, and stalking, as
4 authorized under 34 U.S.C. 20124 (commonly re-
5 ferred to as the ‘‘Culturally Specific Services Pro-
6 gram’’); and
7 (8) $25,000,000 is for grants for outreach and
8 services to underserved populations as authorized
9 under 34 U.S.C. 20123 (commonly referred to as the
10 ‘‘Underserved Program’’):
11 Provided, That a recipient of such funds shall not be subject,
12 as a condition for receiving the funds, to any otherwise-
13 applicable requirement to provide or obtain other Federal
14 or non-Federal funds: Provided further, That such amount
15 is designated by the Congress as being for an emergency
16 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
17 anced Budget and Emergency Deficit Control Act of 1985.
18 OFFICE OF JUSTICE PROGRAMS
19 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
20 For an additional amount for ‘‘State and Local Law
21 Enforcement Assistance’’, $250,000,000, to remain avail-
22 able until expended, for offender reentry programs and re-
23 search, as authorized by the Second Chance Act of 2007
24 (Public Law 110–199) and by the Second Chance Reauthor-
25 ization Act of 2018 (Public Law 115–391), without regard
•HR 925 EAH
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1 to the time limitations specified at section 6(1) of such Act,
2 to prevent, prepare for, and respond to coronavirus: Pro-
3 vided, That a recipient of funds made available under this
4 heading in this Act shall not be subject, as a condition for
5 receiving the funds, to any otherwise-applicable require-
6 ment to provide or obtain other Federal or non-Federal
7 funds: Provided further, That such amount is designated
8 by the Congress as being for an emergency requirement pur-
9 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
10 Emergency Deficit Control Act of 1985.
11 For an additional amount for ‘‘State and Local Law
12 Enforcement Assistance’’, $600,000,000, to remain avail-
13 able until expended, for grants, contracts, cooperative agree-
14 ments, and other assistance as authorized by the Pandemic
15 Justice Response Act (title II of division T of this Act, re-
16 ferred to in this paragraph as ‘‘the Act’’): Provided, That
17 $500,000,000 is to establish and implement policies and
18 procedures to prevent, detect, and stop the presence and
19 spread of COVID–19 among arrestees, detainees, inmates,
20 correctional facility staff, and visitors to the facilities; and
21 for pretrial citation and release grants, as authorized by
22 the Act: Provided further, That $25,000,000 is for Rapid
23 COVID–19 Testing, as authorized by the Act: Provided fur-
24 ther, That $75,000,000 is for grants for Juvenile Specific
25 Services, as authorized by the Act: Provided further, That
•HR 925 EAH
24
1 a recipient of funds made available under this heading in
2 this Act shall not be subject, as a condition for receiving
3 the funds, to any otherwise-applicable requirement to pro-
4 vide or obtain other Federal or non-Federal funds: Provided
5 further, That such amount is designated by the Congress
6 as being for an emergency requirement pursuant to section
7 251(b)(2)(A)(i) of the Balanced Budget and Emergency
8 Deficit Control Act of 1985.
9 JUVENILE JUSTICE PROGRAMS
10 For an additional amount for ‘‘Juvenile Justice Pro-
11 grams’’, $100,000,000, to remain available until expended,
12 to prevent, prepare for, and respond to coronavirus, of
13 which $50,000,000 shall be for juvenile justice programs au-
14 thorized by section 221 of the Juvenile Justice and Delin-
15 quency Prevention Act of 1974, and $50,000,000 shall be
16 for programs authorized by the Victims of Child Abuse Act
17 of 1990: Provided, That funds made available under this
18 heading in this Act shall be made available without any
19 otherwise applicable requirement that a recipient of such
20 funds provide any other Federal funds, or any non-Federal
21 funds, as a condition for receiving the funds made available
22 under such heading: Provided further, That such amount
23 is designated by the Congress as being for an emergency
24 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
25 anced Budget and Emergency Deficit Control Act of 1985.
•HR 925 EAH
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1 SCIENCE
2 NATIONAL SCIENCE FOUNDATION
3 RESEARCH AND RELATED ACTIVITIES
4 (INCLUDING TRANSFER OF FUNDS)
5 For an additional amount for ‘‘Research and Related
6 Activities’’, $2,587,000,000, to remain available until Sep-
7 tember 30, 2022, to prevent, prepare for, and respond to
8 coronavirus, including to fund research grants: Provided,
9 That up to $2,537,000,000 shall be for necessary expenses,
10 including extensions of existing research grants, cooperative
11 agreements, scholarships, fellowships, and apprenticeships:
12 Provided further, That $1,000,000 shall be for a study on
13 the spread of COVID–19 related disinformation, as de-
14 scribed in section 204 of this Act: Provided further, That,
15 of the amount appropriated under this heading in this Act,
16 up to 2 percent of funds may be transferred to the ‘‘Agency
17 Operations and Award Management’’ account for manage-
18 ment, administration, and oversight of funds provided
19 under this heading in this Act: Provided further, That such
20 transfer authority is in addition to any other transfer au-
21 thority provided by law: Provided further, That such
22 amount is designated by the Congress as being for an emer-
23 gency requirement pursuant to section 251(b)(2)(A)(i) of
24 the Balanced Budget and Emergency Deficit Control Act
25 of 1985.
•HR 925 EAH
26
1 EDUCATION AND HUMAN RESOURCES
2 For an additional amount for ‘‘Education and
3 Human Resources’’, $300,000,000, to remain available
4 until September 30, 2022, to prevent, prepare for, and re-
5 spond to coronavirus, including extensions of existing re-
6 search grants, cooperative agreements, scholarships, fellow-
7 ships, and apprenticeships: Provided, That, of the amount
8 appropriated under this heading in this Act, up to 2 per-
9 cent of funds may be transferred to the ‘‘Agency Operations
10 and Award Management’’ account for management, admin-
11 istration, and oversight of funds provided under this head-
12 ing in this Act: Provided further, That such transfer author-
13 ity is in addition to any other transfer authority provided
14 by law: Provided further, That such amount is designated
15 by the Congress as being for an emergency requirement pur-
16 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
17 Emergency Deficit Control Act of 1985.
18 ADMINISTRATIVE PROVISION—SCIENCE
19 STUDY ON COVID–19 DISINFORMATION
20 SEC. 204. (a) STUDY.—No later than 30 days after
21 the date of enactment of this Act, the Director of the Na-
22 tional Science Foundation shall enter into an arrangement
23 with the National Academies of Science, Engineering, and
24 Medicine (National Academies) to conduct a study on the
25 current understanding of the spread of COVID–19-related
•HR 925 EAH
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1 disinformation on the internet and social media platforms.
2 The study shall address the following:
3 (1) the role disinformation and misinformation
4 has played in the public response to COVID–19;
5 (2) the sources of COVID–19-related
6 disinformation—both foreign and domestic—and the
7 mechanisms by which that disinformation influences
8 the public debate;
9 (3) the role social media plays in the dissemina-
10 tion and promotion of COVID–19 disinformation and
11 misinformation content and the role social media
12 platforms play in the organization of groups seeking
13 to spread COVID–19 disinformation;
14 (4) the potential financial returns for creators or
15 distributors of COVID–19 disinformation, and the
16 role such financial incentives play in the propagation
17 of COVID–19 disinformation;
18 (5) potential strategies to mitigate the dissemi-
19 nation and negative impacts of COVID–19
20 disinformation, including specifically, the dissemina-
21 tion of disinformation on social media, including
22 through improved disclosures; and
23 (6) an analysis of the limitations of these miti-
24 gation strategies, and an analysis of how these strate-
•HR 925 EAH
28
1 gies can be implemented without infringing on Amer-
2 icans’ Constitutional rights and civil liberties.
3 (b) REPORT.—In entering into an arrangement under
4 this section, the Director shall request that the National
5 Academies transmit to Congress a report on the results of
6 the study not later than 12 months after the date of enact-
7 ment of this Act.
8 (c) AUTHORIZATION.—There is authorized to be appro-
9 priated for the purposes of conducting the study in this sec-
10 tion $1,000,000.
11 RELATED AGENCIES
12 LEGAL SERVICES CORPORATION
13 PAYMENT TO THE LEGAL SERVICES CORPORATION
14 For an additional amount for ‘‘Payment to the Legal
15 Services Corporation’’, $100,000,000, for the same purposes
16 and subject to the same conditions as the appropriations
17 for fiscal year 2020 under this heading in title II of division
18 B of the CARES Act (Public Law 116–136): Provided, That
19 such amount is designated by the Congress as being for an
20 emergency requirement pursuant to section 251(b)(2)(A)(i)
21 of the Balanced Budget and Emergency Deficit Control Act
22 of 1985.
•HR 925 EAH
29
1 TITLE III
2 DEPARTMENT OF DEFENSE
3 OPERATION AND MAINTENANCE
4 OPERATION AND MAINTENANCE, ARMY
5 For an additional amount for ‘‘Operation and Mainte-
6 nance, Army’’, $100,000,000, to prevent, prepare for, and
7 respond to coronavirus, domestically or internationally:
8 Provided, That such amount is designated by the Congress
9 as being for an emergency requirement pursuant to section
10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12 OPERATION AND MAINTENANCE, NAVY
13 For an additional amount for ‘‘Operation and Mainte-
14 nance, Navy’’, $100,000,000, to prevent, prepare for, and
15 respond to coronavirus, domestically or internationally:
16 Provided, That such amount is designated by the Congress
17 as being for an emergency requirement pursuant to section
18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20 OPERATION AND MAINTENANCE, MARINE CORPS
21 For an additional amount for ‘‘Operation and Mainte-
22 nance, Marine Corps’’, $10,000,000, to prevent, prepare for,
23 and respond to coronavirus, domestically or internation-
24 ally: Provided, That such amount is designated by the Con-
25 gress as being for an emergency requirement pursuant to
•HR 925 EAH
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1 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
2 gency Deficit Control Act of 1985.
3 OPERATION AND MAINTENANCE, AIR FORCE
4 For an additional amount for ‘‘Operation and Mainte-
5 nance, Air Force’’, $100,000,000, to prevent, prepare for,
6 and respond to coronavirus, domestically or internation-
7 ally: Provided, That such amount is designated by the Con-
8 gress as being for an emergency requirement pursuant to
9 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
10 gency Deficit Control Act of 1985.
11 OPERATION AND MAINTENANCE, DEFENSE-WIDE
12 For an additional amount for ‘‘Operation and Mainte-
13 nance, Defense-Wide’’, $10,000,000, to prevent, prepare for,
14 and respond to coronavirus, domestically or internation-
15 ally: Provided, That such amount is designated by the Con-
16 gress as being for an emergency requirement pursuant to
17 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
18 gency Deficit Control Act of 1985.
19 OTHER DEPARTMENT OF DEFENSE PROGRAMS
20 DEFENSE HEALTH PROGRAM
21 For an additional amount for ‘‘Defense Health Pro-
22 gram’’, $705,000,000, of which $175,000,000 shall be for op-
23 eration and maintenance, and $530,000,000 shall be for re-
24 search, development, test and evaluation, to prevent, pre-
25 pare for, and respond to coronavirus, domestically or inter-
•HR 925 EAH
31
1 nationally: Provided, That prior to the obligation of such
2 funds the Assistant Secretary of Defense (Health Affairs)
3 shall submit to the Committees on Appropriations of the
4 House of Representatives and the Senate a spend plan on
5 the use of funds made available under this heading in this
6 Act: Provided further, That such amount is designated by
7 the Congress as being for an emergency requirement pursu-
8 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 GENERAL PROVISIONS—THIS TITLE
11 SEC. 301. For an additional amount for ‘‘Operation
12 and Maintenance, Army’’, $400,000,000, to prevent, pre-
13 pare for, and respond to coronavirus, domestically or inter-
14 nationally: Provided, That such amount shall be used for
15 necessary expenses, including salaries, cleaning, utilities
16 and personal protective equipment, for recreational entities,
17 childcare development centers and other entities affected by
18 the coronavirus that derive funding from non-appropriated
19 accounts: Provided, That prior to the obligation of such
20 funds the Secretary of the Army shall submit to the Com-
21 mittees on Appropriations of the House of Representatives
22 and the Senate a spend plan on the use of funds made avail-
23 able by this section: Provided further, That such amount
24 is designated by the Congress as being for an emergency
•HR 925 EAH
32
1 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
2 anced Budget and Emergency Deficit Control Act of 1985.
3 SEC. 302. For an additional amount for ‘‘Operation
4 and Maintenance, Navy’’, $400,000,000, to prevent, prepare
5 for, and respond to coronavirus, domestically or inter-
6 nationally: Provided, That such amount shall be used for
7 necessary expenses, including salaries, cleaning, utilities
8 and personal protective equipment, for recreational entities,
9 childcare development centers and other entities affected by
10 the coronavirus that derive funding from non-appropriated
11 accounts: Provided, That prior to the obligation of such
12 funds the Secretary of the Navy shall submit to the Commit-
13 tees on Appropriations of the House of Representatives and
14 the Senate a spend plan on the use of funds made available
15 by this section: Provided further, That such amount is des-
16 ignated by the Congress as being for an emergency require-
17 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
18 Budget and Emergency Deficit Control Act of 1985.
19 SEC. 303. For an additional amount for ‘‘Operation
20 and Maintenance, Air Force’’, $500,000,000, to prevent,
21 prepare for, and respond to coronavirus, domestically or
22 internationally: Provided, That such amount shall be used
23 for necessary expenses, including salaries, cleaning, utilities
24 and personal protective equipment, for recreational entities,
25 childcare development centers and other entities affected by
•HR 925 EAH
33
1 the coronavirus that derive funding from non-appropriated
2 accounts: Provided, That prior to the obligation of such
3 funds the Secretary of the Air Force shall submit to the
4 Committees on Appropriations of the House of Representa-
5 tives and the Senate a spend plan on the use of funds made
6 available by this section: Provided further, That such
7 amount is designated by the Congress as being for an emer-
8 gency requirement pursuant to section 251(b)(2)(A)(i) of
9 the Balanced Budget and Emergency Deficit Control Act
10 of 1985.
11 SEC. 304. For an additional amount for ‘‘Operation
12 and Maintenance, Marine Corps’’, $100,000,000, to prevent,
13 prepare for, and respond to coronavirus, domestically or
14 internationally: Provided, That such amount shall be used
15 for necessary expenses, including salaries, cleaning, utilities
16 and personal protective equipment, for recreational entities,
17 childcare development centers and other entities affected by
18 the coronavirus that derive funding from non-appropriated
19 accounts: Provided, That prior to the obligation of such
20 funds the Secretary of the Navy shall submit to the Commit-
21 tees on Appropriations of the House of Representatives and
22 the Senate a spend plan on the use of funds made available
23 by this section: Provided further, That such amount is des-
24 ignated by the Congress as being for an emergency require-
•HR 925 EAH
34
1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
2 Budget and Emergency Deficit Control Act of 1985.
3 TITLE IV
4 ENERGY AND WATER
5 DEPARTMENT OF THE INTERIOR
6 BUREAU OF RECLAMATION
7 WATER AND RELATED RESOURCES
8 For an additional amount for ‘‘Water and Related Re-
9 sources’’, $7,000,000, to prevent, prepare for, and respond
10 to coronavirus, domestically or internationally: Provided,
11 That such amount is designated by the Congress as being
12 for an emergency requirement pursuant to section
13 251(b)(2)(A)(i) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15 DEPARTMENT OF ENERGY
16 ENERGY PROGRAMS
17 SCIENCE
18 For an additional amount for ‘‘Science’’,
19 $143,000,000, for necessary expenses to offset the costs of
20 impacts due to the coronavirus pandemic or public health
21 measures related to the coronavirus pandemic for the fol-
22 lowing projects:
23 (1) Core Facility Revitalization,
24 (2) Large Synoptic Survey Telescope Camera,
25 (3) Linac Coherent Light Source II,
•HR 925 EAH
35
1 (4) Muon to Electron Conversion Experiment,
2 and
3 (5) Super Cryogenic Dark Matter Search:
4 Provided,That such amount is designated by the Congress
5 as being for an emergency requirement pursuant to section
6 251(b)(2)(A)(i) of the Balanced Budget and Emergency
7 Deficit Control Act of 1985.
8 DEPARTMENTAL ADMINISTRATION
9 For an additional amount for ‘‘Departmental Admin-
10 istration’’, $1,300,000, to prevent, prepare for, and respond
11 to coronavirus, domestically or internationally, including
12 for necessary expenses related to personal protective equip-
13 ment: Provided,That such amount is designated by the Con-
14 gress as being for an emergency requirement pursuant to
15 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
16 gency Deficit Control Act of 1985.
17 GENERAL PROVISIONS—THIS TITLE
18 SEC. 401. Funds appropriated in this title may be
19 made available to restore amounts, either directly or
20 through reimbursement, for obligations incurred for the
21 same purposes to prevent, prepare for, and respond to
22 coronavirus prior to the date of enactment of this Act.
23 SEC. 402. (a) Requirements relating to non-Federal
24 cost-share grants and cooperative agreements for the Delta
25 Regional Authority under section 382D of the Agricultural
•HR 925 EAH
36
1 Act of 1961 and Consolidated Farm and Rural Develop-
2 ment Act (7 U.S.C. 2009aa—3) are waived for grants
3 awarded in fiscal year 2020 and in subsequent years in
4 response to economic distress directly related to the impacts
5 of the Coronavirus Disease (COVID-19).
6 (b) Requirements relating to non-Federal cost-share
7 grants and cooperative agreements for the Northern Border
8 Regional Commission under section 15501(d) of title 40,
9 United States Code, are waived for grants awarded in fiscal
10 year 2020 and in subsequent years in response to economic
11 distress directly related to the impacts of the Coronavirus
12 Disease (COVID-19).
13 (c) Requirements relating to non-Federal cost-share
14 grants and cooperative agreements for the Denali Commis-
15 sion are waived for grants awarded in fiscal year 2020 and
16 in subsequent years in response to economic distress directly
17 related to the impacts of the Coronavirus Disease (COVID-
18 19).
19 (d) Amounts repurposed pursuant to this section that
20 were previously designated by the Congress as an emergency
21 requirement pursuant to the Balanced Budget and Emer-
22 gency Deficit Control Act of 1985 are designated by the
23 Congress as an emergency requirement pursuant to section
24 251(b)(2)(A)(i) of the Balanced Budget and Emergency
25 Deficit Control Act of 1985.
•HR 925 EAH
37
1 TITLE V
2 FINANCIAL SERVICES AND GENERAL
3 GOVERNMENT
4 DEPARTMENT OF THE TREASURY
5 DEPARTMENTAL OFFICES
6 OFFICE OF INSPECTOR GENERAL
7 SALARIES AND EXPENSES
8 For an additional amount for ‘‘Salaries and Ex-
9 penses’’, $35,000,000, to remain available until expended,
10 to conduct monitoring and oversight of the receipt, disburse-
11 ment, and use of funds made available under the
12 ‘‘Coronavirus State Fiscal Relief Fund’’ and the
13 ‘‘Coronavirus Local Fiscal Relief Fund’’ (collectively, ‘‘Fis-
14 cal Relief Funds’’): Provided, That, if the Inspector General
15 of the Department of the Treasury determines that an entity
16 receiving a payment from amounts provided by the Fiscal
17 Relief Funds has failed to comply with the provisions gov-
18 erning the use of such funding, the Inspector General shall
19 transmit any relevant information related to such deter-
20 mination to the Committees on Appropriations of the House
21 of Representatives and the Senate not later than 5 days
22 after any such determination is made: Provided further,
23 That such amount is designated by the Congress as being
24 for an emergency requirement pursuant to section
•HR 925 EAH
38
1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
4 SALARIES AND EXPENSES
5 For an additional amount for ‘‘Salaries and Ex-
6 penses’’, $2,500,000, to remain available until expended, to
7 prevent, prepare for, and respond to coronavirus, domesti-
8 cally or internationally: Provided, That such amount is
9 designated by the Congress as being for an emergency re-
10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
11 anced Budget and Emergency Deficit Control Act of 1985.
12 HOMEOWNER ASSISTANCE FUND
13 For activities and assistance authorized in section 202
14 of division O of this Act, $21,000,000,000, to remain avail-
15 able until expended: Provided, That such amount is des-
16 ignated by the Congress as being for an emergency require-
17 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
18 Budget and Emergency Deficit Control Act of 1985.
19 CORONAVIRUS STATE FISCAL RELIEF FUND
20 For making payments to States, territories, and Tribal
21 governments to mitigate the fiscal effects stemming from the
22 public health emergency with respect to the Coronavirus
23 Disease (COVID–19), $257,000,000,000 to remain available
24 until expended, which shall be in addition to any other
25 amounts available for making payments to States, terri-
•HR 925 EAH
39
1 tories, and Tribal governments for any purpose (including
2 payments made under section 601 of the Social Security
3 Act), of which:
4 (1) $9,500,000,000 shall be for making pay-
5 ments to the Commonwealth of Puerto Rico,
6 United States Virgin Islands, Guam, Common-
7 wealth of the Northern Mariana Islands, and
8 American Samoa: Provided, That of the amount
9 made available in this paragraph, half shall be
10 allocated equally among each entity specified in
11 this paragraph, and half shall be allocated as an
12 additional amount to each such entity in an
13 amount which bears the same proportion to half
14 of the total amount provided under this para-
15 graph as the relative population of each such en-
16 tity bears to the total population of all such enti-
17 ties;
18 (2) $9,500,000,000 shall be for making pay-
19 ments to Tribal governments, of which—
20 (A) $1,000,000,000 shall be allocated
21 equally between each Tribal government;
22 and
23 (B) $8,500,000,000 shall be allocated
24 as an additional amount to each Tribal
25 government in an amount determined by
•HR 925 EAH
40
1 the Secretary of the Treasury, in consulta-
2 tion with the Secretary of the Interior and
3 Tribal governments, that is based on in-
4 creased aggregate expenditures of each such
5 Tribal government (or a tribally-owned en-
6 tity of such Tribal government) in fiscal
7 year 2020 relative to aggregate expenditures
8 in fiscal year 2019 by the Tribal govern-
9 ment (or tribally-owned entity) and deter-
10 mined in such manner as the Secretary de-
11 termines appropriate to ensure that all
12 amounts available pursuant to this sub-
13 paragraph are distributed to Tribal govern-
14 ments:
15 Provided, That not later than 24 hours before
16 any payments for Tribal governments are dis-
17 tributed by the Secretary of the Treasury pursu-
18 ant to this paragraph, the Secretary of the
19 Treasury shall publish on the website of the De-
20 partment of the Treasury a detailed description
21 of the funding allocation formulas used pursuant
22 to this paragraph, and a detailed description of
23 the procedure and methodology used to determine
24 such funding allocation formula: Provided Fur-
25 ther, That not later than 7 days after any pay-
•HR 925 EAH
41
1 ments for Tribal governments are so distributed,
2 the Secretary shall publish on the website of the
3 Department of the Treasury the date and
4 amount of all fund disbursements, broken down
5 by individual Tribal government recipient; and
6 (3) $238,000,000,000 shall be for making pay-
7 ments to each of the 50 States and the District of Co-
8 lumbia, of which—
9 (A) an amount equal to $1,250,000,000 less
10 the amount allocated for the District of Colum-
11 bia pursuant to section 601(c)(6) of the Social
12 Security Act, shall only be for payment to the
13 District of Columbia, in addition to any other
14 funding available for such purpose (including
15 payments under subparagraph (B) of this para-
16 graph): Provided, That the Secretary of the
17 Treasury shall pay all amounts provided by this
18 section directly to the District of Columbia not
19 less than 5 days after the date of enactment of
20 this Act; and
21 (B) the remainder shall be allocated between
22 each such entity in an amount which bears the
23 same proportion to the total amount provided
24 under this paragraph as the average estimated
25 number of seasonally-adjusted unemployed indi-
•HR 925 EAH
42
1 viduals (as measured by the Bureau of Labor
2 Statistics Local Area Unemployment Statistics
3 program) in each such entity in August 2020
4 bears to the average estimated number of season-
5 ally-adjusted unemployed individuals in all such
6 entities: Provided, That the Secretary of the
7 Treasury shall adjust, on a pro rata basis, the
8 amount allocated to each such entity pursuant to
9 the matter preceding this proviso in this para-
10 graph to the extent necessary to ensure a min-
11 imum payment of $500,000,000 to each such en-
12 tity:
13 Provided, That any entity receiving a payment from funds
14 made available under this heading in this Act shall only
15 use such amounts to respond to, mitigate, cover costs or re-
16 place foregone revenues not projected on January 31, 2020
17 stemming from the public health emergency, or its negative
18 economic impacts, with respect to the Coronavirus Disease
19 (COVID–19): Provided further, That if the Inspector Gen-
20 eral of the Department of the Treasury determines that an
21 entity receiving a payment from amounts provided under
22 this heading has failed to comply with the preceding pro-
23 viso, the amount equal to the amount of funds used in viola-
24 tion of such proviso shall be booked as a debt of such entity
25 owed to the Federal Government, and any amounts recov-
•HR 925 EAH
43
1 ered shall be deposited into the general fund of the Treasury
2 as discretionary offsetting receipts: Provided further, That
3 for purposes of the preceding provisos under this heading
4 in this Act, the population of each entity described in any
5 such proviso shall be determined based on the most recent
6 year for which data are available from the Bureau of the
7 Census, or in the case of an Indian tribe, shall be deter-
8 mined based on data certified by the Tribal government:
9 Provided further, That an entity receiving a payment from
10 amounts provided under this heading may transfer funds
11 to a private nonprofit organization (as that term is defined
12 in paragraph (17) of section 401 of the McKinney-Vento
13 Homeless Assistance Act (42 U.S.C. 11360(17)), or to a spe-
14 cial-purpose unit of local government or a multi-state entity
15 involved in the transportation of passengers or cargo: Pro-
16 vided further, That as used under this heading in this Act,
17 the term ‘‘Tribal government’’ has the same meaning as
18 specified in section 601(g) of the Social Security Act (42
19 U.S.C. 601(g)), as added by section 5001 of the CARES
20 Act (Public Law 116–136) and amended by section 201 of
21 division U of this Act, and the term ‘‘State’’ means one
22 of the 50 States: Provided further, That the Secretary of
23 Treasury shall make all payments prescribed under this
24 heading in this Act not later than 30 days after the date
25 of enactment of this Act: Provided further, That such
•HR 925 EAH
44
1 amount is designated by the Congress as being for an emer-
2 gency requirement pursuant to section 251(b)(2)(A)(i) of
3 the Balanced Budget and Emergency Deficit Control Act
4 of 1985.
5 CORONAVIRUS LOCAL FISCAL RELIEF FUND
6 For making payments to metropolitan cities, counties,
7 and other units of general local government to mitigate the
8 fiscal effects stemming from the public health emergency
9 with respect to the Coronavirus Disease (COVID–19),
10 $179,000,000,000, to remain available until expended,
11 which shall be in addition to any other amounts available
12 for making payments to metropolitan cities, counties, and
13 other units of general local government (including pay-
14 ments made under section 601 of the Social Security Act),
15 of which—
16 (1) $89,500,000,000 shall be for making pay-
17 ments to metropolitan cities and other units of gen-
18 eral local government (as those terms are defined in
19 section 102 of the Housing and Community Develop-
20 ment Act of 1974 (42 U.S.C. 5302)), of which—
21 (A) $62,650,000,000 shall be allocated pur-
22 suant to the formula under section 106(b)(1) of
23 the Housing and Community Development Act of
24 1974 (42 U.S.C. 5306(b)(1)) to metropolitan cit-
25 ies (as defined in section 102(a)(4) of such Act
•HR 925 EAH
45
1 (42 U.S.C. 5302(a)(4)), including metropolitan
2 cities that have relinquished or deferred their
3 status as a metropolitan city as of the date of en-
4 actment of this Act; and
5 (B) $26,850,000,000 shall be distributed to
6 each State (as that term is defined in section 102
7 of the Housing and Community Development Act
8 of 1974 (42 U.S.C. 5302)) for use by units of
9 general local government, other than counties or
10 parishes, in nonentitlement areas (as defined in
11 such section 102) of such States in an amount
12 which bears the same proportion to the total
13 amount provided under this subparagraph as the
14 total population of such units of general local
15 government within the State bears to the total
16 population of all such units of general local gov-
17 ernment in all such States: Provided, That a
18 State shall pass-through the amounts received
19 under this subparagraph, within 30 days of re-
20 ceipt, to each such unit of general local govern-
21 ment in an amount that bears the same propor-
22 tion to the amount distributed to each such State
23 as the population of such unit of general local
24 government bears to the total population of all
25 such units of general local government within
•HR 925 EAH
46
1 each such State: Provided further, That if a
2 State has not elected to distribute amounts allo-
3 cated under this paragraph, the Secretary of the
4 Treasury shall pay the applicable amounts
5 under this subparagraph to such units of general
6 local government in the State not later than 30
7 days after the date on which the State would oth-
8 erwise have received the amounts from the Sec-
9 retary; and
10 (2) $89,500,000,000 shall be paid directly to
11 counties within the 50 States, the District of Colum-
12 bia, the Commonwealth of Puerto Rico, the United
13 States Virgin Islands, Guam, the Commonwealth of
14 the Northern Mariana Islands, and American Samoa
15 in an amount which bears the same proportion to the
16 total amount provided under this paragraph as the
17 relative population of each such county bears to the
18 total population of all such entities: Provided, That
19 no county that is an ‘‘urban county’’ (as defined in
20 section 102 of the Housing and Community Develop-
21 ment Act of 1974 (42 U.S.C. 5302)) shall receive less
22 than the amount the county would otherwise receive
23 if the amount distributed under this paragraph were
24 allocated to metropolitan cities and urban counties
25 under section 106(b) of the Housing and Community
•HR 925 EAH
47
1 Development Act of 1974 (42 U.S.C. 5306(b)): Pro-
2 vided further, That in the case of an amount to be
3 paid to a county that is not a unit of general local
4 government, the amount shall instead be paid to the
5 State in which such county is located, and such State
6 shall distribute such amount to units of general local
7 government within such county in an amounts that
8 bear the same proportion as the population of such
9 units of general local government bear to the total
10 population of such county: Provided further, That for
11 purposes of this paragraph, the District of Columbia
12 shall be considered to consist of a single county that
13 is a unit of general local government:
14 Provided further, That any entity receiving a payment
15 from funds made available under this heading in this Act
16 shall only use such amounts to respond to, mitigate, cover
17 costs or replace foregone revenues not projected on January
18 31, 2020 stemming from the public health emergency, or
19 its negative economic impacts, with respect to the
20 Coronavirus Disease (COVID–19): Provided further, That
21 if the Inspector General of the Department of the Treasury
22 determines that an entity receiving a payment from
23 amounts provided under this heading has failed to comply
24 with the preceding proviso, the amount equal to the amount
25 of funds used in violation of such proviso shall be booked
•HR 925 EAH
48
1 as a debt of such entity owed to the Federal Government,
2 and any amounts recovered shall be deposited into the gen-
3 eral fund of the Treasury as discretionary offsetting re-
4 ceipts: Provided further, That for purposes of the preceding
5 provisos under this heading in this Act, the population of
6 each entity described in any such proviso shall be deter-
7 mined based on the most recent year for which data are
8 available from the Bureau of the Census, or in the case of
9 an Indian tribe, shall be determined based on data certified
10 by the Tribal government: Provided further, That an entity
11 receiving a payment from amounts provided under this
12 heading may transfer funds to a private nonprofit organi-
13 zation (as that term is defined in paragraph (17) of section
14 401 of the McKinney-Vento Homeless Assistance Act (42
15 U.S.C. 11360(17)), or to a special-purpose unit of local gov-
16 ernment or a multi-state entity involved in the transpor-
17 tation of passengers or cargo: Provided further, That noth-
18 ing in paragraph (1) or (2) shall be construed as prohib-
19 iting a unit of general local government that has formed
20 a consolidated government, or that is geographically con-
21 tained (in full or in part) within the boundaries of another
22 unit of general local government from receiving a distribu-
23 tion under each of subparagraphs (A) and (B) under para-
24 graph (1) or under paragraph (2), as applicable, based on
25 the respective formulas specified contained therein: Pro-
•HR 925 EAH
49
1 vided further, That the amounts otherwise determined for
2 distribution to units of local government under each of sub-
3 paragraphs (A) and (B) under paragraph (1) and under
4 paragraph (2) shall each be adjusted by the Secretary of
5 the Treasury on a pro rata basis to the extent necessary
6 to comply with the amount appropriated and the require-
7 ments specified in each paragraph and subparagraph, as
8 applicable: Provided further, That as used under this head-
9 ing in this Act, the term ‘‘county’’ means a county, parish,
10 or other equivalent county division (as defined by the Bu-
11 reau of the Census): Provided further, That for purposes of
12 the preceding provisos under this heading in this Act, the
13 population of an entity shall be determined based on the
14 most recent year for which data are available from the Bu-
15 reau of the Census: Provided further, That such amount is
16 designated by Congress as being for an emergency require-
17 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
18 Budget and Emergency Deficit Control Act of 1985.
19 COVID-19 MULTI-STATE AGENCY FISCAL RELIEF FUND
20 For making payments to multi-State entities that are
21 involved in the transportation of passengers or cargo and
22 are suffering revenue losses due to the Coronavirus Disease
23 2019 (COVID–19) pandemic, $100,000,000, to remain
24 available until expended, which shall be in addition to any
25 other amounts available for making payments to States,
•HR 925 EAH
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1 metropolitan cities, counties, and other units of state and
2 general local government (including payments made under
3 section 601 of the Social Security Act), and which shall be
4 paid directly to multi-State entities (as that term is used
5 in 15 U.S.C. 9041(10)(D)) for use by multi-State entities:
6 Provided, That the funds provided under this paragraph
7 shall be allocated to a multi-State entity that is an eligible
8 issuer and multi-State entity under the terms set forth by
9 the Federal Reserve on June 3, 2020 for the Municipal Li-
10 quidity Facility established by the Board of Governors of
11 the Federal Reserve System: Provided further, That such
12 amounts shall be allocated by the Secretary of the Treasury
13 proportionally to each multi-State entity covered under this
14 paragraph based on an amount equal to the product ob-
15 tained by multiplying the total amount appropriated to the
16 Secretary under this paragraph and the quotient obtained
17 by dividing—
18 (1) the total gross operating revenue of the multi-
19 State entity receiving funds for fiscal year 2018; by
20 (2) the total gross operating revenue for fiscal
21 year 2018 of all multi-State entities that are eligible
22 to receive funds under this paragraph:
23 Provided further, That neither a State nor local government
24 may serve as a pass-through for any amounts received by
25 a multi-State entity: Provided further, That such sums shall
•HR 925 EAH
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1 be distributed directly by the Secretary to each multi-State
2 entity not later than December 31, 2020: Provided further,
3 That such amount is designated by the Congress as being
4 for an emergency requirement pursuant to section
5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985.
7 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
8 FUND PROGRAM ACCOUNT
9 For an additional amount for the ‘‘Community Devel-
10 opment Financial Institutions Fund Program Account’’,
11 $1,000,000,000, to prevent, prepare for, and respond to
12 coronavirus, domestically or internationally: Provided,
13 That the Community Development Financial Institutions
14 Fund (CDFI) shall provide grants using a formula that
15 takes into account criteria such as certification status, fi-
16 nancial and compliance performance, portfolio and balance
17 sheet strength, and program capacity: Provided further,
18 That not less than $25,000,000 shall be for financial assist-
19 ance, technical assistance, and training and outreach pro-
20 grams designed to benefit Native American, Native Hawai-
21 ian, and Alaska Native communities: Provided further,
22 That the CDFI Fund shall make funds provided under this
23 heading in this Act available to grantees not later than 60
24 days after the date of enactment of this Act: Provided fur-
25 ther, That funds made available under this heading may
•HR 925 EAH
52
1 be used for administrative expenses, including administra-
2 tion of CDFI Fund programs and the New Markets Tax
3 Credit Program: Provided further, That such amount is des-
4 ignated by the Congress as being for an emergency require-
5 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
6 Budget and Emergency Deficit Control Act of 1985.
7 ADMINISTRATIVE PROVISION—INTERNAL REVENUE
8 SERVICE
9 (INCLUDING TRANSFER OF FUNDS)
10 SEC. 501. For an additional amount for fiscal year
11 2021, and in addition to the amounts otherwise available
12 to the Internal Revenue Service for the purposes specified
13 in this section, $359,000,000, to prevent, prepare for, and
14 respond to coronavirus, including for costs associated with
15 the extended filing season: Provided, That such funds may
16 be transferred by the Commissioner to the ‘‘Taxpayer Serv-
17 ices’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ accounts of
18 the Internal Revenue Service for an additional amount to
19 be used solely to prevent, prepare for, and respond to
20 coronavirus, domestically or internationally: Provided fur-
21 ther, That the Committees on Appropriations of the House
22 of Representatives and the Senate shall be notified in ad-
23 vance of any such transfer: Provided further, That such
24 transfer authority is in addition to any other transfer au-
25 thority provided by law: Provided further, That not later
•HR 925 EAH
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1 than 30 days after the date of enactment of this Act, the
2 Commissioner shall submit to the Committees on Appro-
3 priations of the House of Representatives and the Senate
4 a spending plan and subsequent quarterly reports detailing
5 the actual and expected expenditures of such funds: Pro-
6 vided further, That such amount is designated by the Con-
7 gress as being for an emergency requirement pursuant to
8 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
9 gency Deficit Control Act of 1985.
10 THE JUDICIARY
11 COURT OF APPEALS, DISTRICT COURTS, AND OTHER
12 JUDICIAL SERVICES
13 SALARIES AND EXPENSES
14 For an additional amount for ‘‘Salaries and Ex-
15 penses’’, $25,000,000, to prevent, prepare for, and respond
16 to coronavirus, domestically or internationally: Provided,
17 That such amount is designated by the Congress as being
18 for an emergency requirement pursuant to section
19 251(b)(2)(A)(i) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
•HR 925 EAH
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1 INDEPENDENT AGENCIES
2 ELECTION ASSISTANCE COMMISSION
3 ELECTION RESILIENCE GRANTS
4 (INCLUDING TRANSFER OF FUNDS)
5 For an additional amount for payments by the Elec-
6 tion Assistance Commission to States for contingency plan-
7 ning, preparation, and resilience of elections for Federal of-
8 fice, $3,600,000,000: Provided, That of the amount provided
9 under this heading, up to $5,000,000 may be transferred
10 to and merged with ‘‘Election Assistance Commission—Sal-
11 aries and Expenses’’: Provided further, That such transfer
12 authority is in addition to any other transfer authority
13 provided by law: Provided further, That under this heading
14 the term ‘‘State’’ means each of the 50 States, the District
15 of Columbia, the Commonwealth of Puerto Rico, Guam,
16 American Samoa, the United States Virgin Islands, and
17 the Commonwealth of the Northern Mariana Islands: Pro-
18 vided further, That the amount of the payments made to
19 a State under this heading shall be consistent with sections
20 101(d) and 103 of the Help America Vote Act of 2002 (52
21 U.S.C. 20903): Provided further, That not later than 30
22 days after the date of enactment of this Act, the Election
23 Assistance Commission shall obligate the funds to States
24 under this heading in this Act: Provided further, That not
25 less than 50 percent of the amount of the payment made
•HR 925 EAH
55
1 to a State under this heading in this Act shall be allocated
2 in cash or in kind to the units of local government which
3 are responsible for the administration of elections for Fed-
4 eral office in the State: Provided further, That such amount
5 is designated by the Congress as being for an emergency
6 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
7 anced Budget and Emergency Deficit Control Act of 1985.
8 ADMINISTRATIVE PROVISION—ELECTION ASSISTANCE
9 COMMISSION
10 SEC. 502. (a) The last proviso under the heading
11 ‘‘Election Assistance Commission—Election Security
12 Grants’’ in the Financial Services and General Government
13 Appropriations Act, 2020 (division C of Public Law 116–
14 93; 133 Stat. 2461) shall not apply with respect to any
15 payment made to a State using funds appropriated or oth-
16 erwise made available to the Election Assistance Commis-
17 sion under the Coronavirus Aid, Relief, and Economic Se-
18 curity Act (Public Law 116–136).
19 (b) The first proviso under the heading ‘‘Election As-
20 sistance Commission—Election Security Grants’’ in the
21 Coronavirus Aid, Relief, and Economic Security Act (Pub-
22 lic Law 116–136) is amended by striking ‘‘within 20 days
23 of each election in the 2020 Federal election cycle in that
24 State,’’ and inserting ‘‘not later than October 30, 2021,’’.
•HR 925 EAH
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1 (c) The fourth proviso under the heading ‘‘Election As-
2 sistance Commission—Election Security Grants’’ in the
3 Coronavirus Aid, Relief, and Economic Security Act (Pub-
4 lic Law 116–136) is amended by striking ‘‘December 31,
5 2020’’ and inserting ‘‘September 30, 2021’’.
6 (d) A State may elect to reallocate funds allocated
7 under the heading ‘‘Election Assistance Commission—Elec-
8 tion Security Grants’’ in the Coronavirus Aid, Relief, and
9 Economic Security Act (Public Law 116–136) or under this
10 heading in this Act as funds allocated under the heading
11 ‘‘Election Assistance Commission—Election Security
12 Grants’’ in the Financial Services and General Government
13 Appropriations Act, 2020 (division C of Public Law 116–
14 93; 133 Stat. 2461) that were spent to prevent, prepare for,
15 and respond to coronavirus, domestically or internation-
16 ally, for the 2020 Federal election cycle; or funds allocated
17 under the heading ‘‘Election Assistance Commission—Elec-
18 tion Reform Program’’ in the Financial Services and Gov-
19 ernment Appropriations Act, 2018 (division E of Public
20 Law 115–141) that were spent to prevent, prepare for, and
21 respond to coronavirus, domestically or internationally, for
22 the 2020 Federal election cycle.
23 (e) This section shall take effect as if included in the
24 enactment of the Coronavirus Aid, Relief, and Economic
25 Security Act (Public Law 116–136).
•HR 925 EAH
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1 (f) The amounts repurposed pursuant to this section
2 that were previously designated by the Congress as an emer-
3 gency requirement pursuant to the Balanced Budget and
4 Emergency Deficit Control Act of 1985 are designated by
5 the Congress as an emergency requirement pursuant to sec-
6 tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency
7 Deficit Control Act of 1985.
8 FEDERAL COMMUNICATIONS COMMISSION
9 SALARIES AND EXPENSES
10 For an additional amount for ‘‘Salaries and Ex-
11 penses’’, $24,000,000, for implementing title VIII of the
12 Communications Act of 1934 (47 U.S.C. 641 et seq.), as
13 added by the Broadband DATA Act (Public Law 116–130):
14 Provided, That such amount is designated by the Congress
15 as being for an emergency requirement pursuant to section
16 251(b)(2)(A)(i) of the Balanced Budget and Emergency
17 Deficit Control Act of 1985.
18 For an additional amount for ‘‘Salaries and Ex-
19 penses’’, $200,000,000, to remain available until expended,
20 to prevent, prepare for, and respond to coronavirus, domes-
21 tically or internationally, including to support efforts of
22 health care providers to address coronavirus by providing
23 telecommunications services, information services, and de-
24 vices necessary to enable the provision of telehealth services
25 during an emergency period, as defined in section
•HR 925 EAH
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1 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
2 5(g)(1)): Provided, That the Federal Communications Com-
3 mission may rely on the rules of the Commission under part
4 54 of title 47, Code of Federal Regulations, in admin-
5 istering the amount provided under the heading in this Act
6 if the Commission determines that such administration is
7 in the public interest: Provided further, That up to
8 $4,000,000 shall be used by the Office of Inspector General
9 to audit and conduct investigations of funds made available
10 in this Act or in the Coronavirus Aid, Relief, and Economic
11 Security Act (Public Law 116–136) to the Federal Commu-
12 nications Commission for the provision of telehealth services
13 during an emergency period, and that the Office of Inspec-
14 tor General shall report to the Committees on Appropria-
15 tions of the House of Representatives and the Senate, the
16 Committee on Energy and Commerce of the House of Rep-
17 resentatives, and the Committee on Commerce, Science, and
18 Transportation of the Senate each month, until all emer-
19 gency telehealth funding has been obligated, on the status
20 of approved applications, pending applications, and re-
21 jected applications for such funding, and on recommenda-
22 tions to improve the transparency and fairness of distribu-
23 tion of such funding: Provided further, That such amount
24 is designated by the Congress as being for an emergency
•HR 925 EAH
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1 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
2 anced Budget and Emergency Deficit Control Act of 1985.
3 EMERGENCY CONNECTIVITY FUND
4 For an additional amount for the ‘‘Emergency
5 Connectivity Fund’’, $12,000,000,000, to remain available
6 until September 30, 2022, to prevent, prepare for, and re-
7 spond to coronavirus, domestically or internationally,
8 through the provision of funding for Wi-fi hotspots, other
9 equipment, connected devices, and advanced telecommuni-
10 cations and information services to schools and libraries as
11 authorized in section 201 of division M of this Act: Pro-
12 vided, That such amount is designated by the Congress as
13 being for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16 EMERGENCY BROADBAND CONNECTIVITY FUND
17 For an additional amount for the ‘‘Emergency
18 Broadband Connectivity Fund’’, $3,000,000,000, to prevent,
19 prepare for, and respond to coronavirus, domestically or
20 internationally, through the provision of an emergency ben-
21 efit for broadband service as authorized in section 301 of
22 division M of this Act: Provided, That such amount is des-
23 ignated by the Congress as being for an emergency require-
24 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
25 Budget and Emergency Deficit Control Act of 1985.
•HR 925 EAH
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1 GENERAL SERVICES ADMINISTRATION
2 TECHNOLOGY MODERNIZATION FUND
3 For an additional amount for the ‘‘Technology Mod-
4 ernization Fund’’, $1,000,000,000, to remain available
5 until September 30, 2022, for technology-related moderniza-
6 tion activities to prevent, prepare for, and respond to
7 coronavirus, domestically or internationally: Provided,
8 That such amount is designated by the Congress as being
9 for an emergency requirement pursuant to section
10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
13 RECORDS CENTER REVOLVING FUND
14 For an additional amount for the ‘‘Records Center Re-
15 volving Fund’’ for the Federal Record Centers Program,
16 $92,000,000, to prevent, prepare for, and respond to
17 coronavirus, domestically or internationally, which shall be
18 for offsetting the loss resulting from the coronavirus pan-
19 demic of the user charges collected by such Fund pursuant
20 to subsection (c) under the heading ‘‘Records Center Revolv-
21 ing Fund’’ in Public Law 106–58, as amended (44 U.S.C.
22 2901 note): Provided, That the amount provided under this
23 heading in this Act may be used to reimburse the Fund
24 for obligations incurred for this purpose prior to the date
25 of the enactment of this Act: Provided further, That such
•HR 925 EAH
61
1 amount is provided without regard to the limitation in sub-
2 section (d) under the heading ‘‘Records Center Revolving
3 Fund’’ in Public Law 106–58, as amended (44 U.S.C. 2901
4 note): Provided further, That such amount is designated by
5 the Congress as being for an emergency requirement pursu-
6 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
7 Emergency Deficit Control Act of 1985.
8 OFFICE OF PERSONNEL MANAGEMENT
9 OFFICE OF INSPECTOR GENERAL
10 SALARIES AND EXPENSES
11 For an additional amount for ‘‘Salaries and Ex-
12 penses’’, $1,000,000, to remain available until expended to
13 prevent, prepare for, and respond to coronavirus, domesti-
14 cally or internationally: Provided, That such amount is
15 designated by the Congress as being for an emergency re-
16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
17 anced Budget and Emergency Deficit Control Act of 1985.
18 SMALL BUSINESS ADMINISTRATION
19 EMERGENCY EIDL GRANTS
20 For an additional amount for ‘‘Emergency EIDL
21 Grants’’ for the cost of emergency EIDL grants authorized
22 by section 1110 of division A of the CARES Act (Public
23 Law 116–136), $50,000,000,000, to remain available until
24 expended, to prevent, prepare for, and respond to
25 coronavirus, domestically or internationally: Provided,
•HR 925 EAH
62
1 That of the amount provided under this heading in this
2 Act, $40,000,000,000 shall be for carrying out subsection
3 (i) of such section 1110: Provided further, That such
4 amount is designated by the Congress as being for an emer-
5 gency requirement pursuant to section 251(b)(2)(A)(i) of
6 the Balanced Budget and Emergency Deficit Control Act
7 of 1985.
8 ADMINISTRATIVE PROVISION—SMALL BUSINESS
9 ADMINISTRATION
10 SEC. 503. For fiscal year 2021, commitments for gen-
11 eral business loans authorized under paragraphs (1)
12 through (35) of section 7(a) of the Small Business Act (15
13 U.S.C. 636(a)) shall not exceed $75,000,000,000 for a com-
14 bination of amortizing term loans and the aggregated max-
15 imum line of credit provided by revolving loans.
16 UNITED STATES POSTAL SERVICE
17 PAYMENT TO POSTAL SERVICE FUND
18 For an additional payment to the ‘‘Postal Service
19 Fund’’, for revenue forgone due to coronavirus,
20 $15,000,000,000, to remain available until September 30,
21 2022: Provided, That the Postal Service, during the
22 coronavirus emergency, shall prioritize the purchase of, and
23 make available to all Postal Service employees and facili-
24 ties, personal protective equipment, including gloves, masks,
25 and sanitizers, and shall conduct additional cleaning and
•HR 925 EAH
63
1 sanitizing of Postal Service facilities and delivery vehicles:
2 Provided further, That such amount is designated by the
3 Congress as being for an emergency requirement pursuant
4 to section 251(b)(2)(A)(i) of the Balanced Budget and
5 Emergency Deficit Control Act of 1985.
6 OFFICE OF INSPECTOR GENERAL
7 SALARIES AND EXPENSES
8 For an additional amount for ‘‘Salaries and Ex-
9 penses’’, $15,000,000, to remain available until expended,
10 to prevent, prepare for, and respond to coronavirus, domes-
11 tically or internationally: Provided, That such amount is
12 designated by the Congress as being for an emergency re-
13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
14 anced Budget and Emergency Deficit Control Act of 1985.
15 GENERAL PROVISIONS—THIS TITLE
16 SEC. 504. (a) OVERSIGHT OF COVERED FUNDS.—The
17 matter preceding the first proviso under the heading ‘‘Inde-
18 pendent Agencies—Pandemic Response Accountability
19 Committee’’ in title V of division B of the CARES Act
20 (Public Law 116–136) is amended by striking ‘‘funds pro-
21 vided in this Act to prevent, prepare for, and respond to
22 coronavirus, domestically or internationally’’ and inserting
23 ‘‘ ‘covered funds’, as that term is defined in section 15010
24 of this Act’’.
•HR 925 EAH
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1 (b) DEFINITION OF COVERED FUNDS.—Section
2 15010(a)(6) of division B of the Coronavirus, Aid, Relief,
3 and Economic Security Act (Public Law 116–136) is
4 amended—
5 (1) in subparagraph (A), by striking ‘‘this Act’’
6 and inserting ‘‘the Coronavirus Aid, Relief, and Eco-
7 nomic Security Act (divisions A and B) (Public Law
8 116–136)’’; and
9 (2) by striking subparagraph (D) and inserting:
10 ‘‘(D) the Paycheck Protection Program and
11 Health Care Enhancement Act (Public Law
12 116–139);
13 ‘‘(E) all divisions of this Act; or
14 ‘‘(F) The Heroes Act; and’’.
15 (c) APPOINTMENT OF CHAIRPERSON.—Section
16 15010(c) of division B of the Coronavirus Aid, Relief, and
17 Economic Security Act (Public Law 116–136) is amend-
18 ed—
19 (1) in paragraph (1), by striking ‘‘and (D)’’ and
20 inserting ‘‘(D), and (E)’’; and
21 (2) in paragraph (2)(E), by inserting ‘‘of the
22 Council’’ after ‘‘Chairperson’’.
23 (d) RETROACTIVE REPORTING ON LARGE COVERED
24 FUNDS.—
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1 (1) DEFINITIONS.—In this subsection, the terms
2 ‘‘agency’’ and ‘‘large covered funds’’ have the mean-
3 ings given those terms in section 15011 of division B
4 of the Coronavirus, Aid, Relief, and Economic Secu-
5 rity Act (Public Law 116–136).
6 (2) GUIDANCE.—
7 (A) IN GENERAL.—Not later than 14 days
8 after the date of enactment of this Act, the Direc-
9 tor of the Office of Management and Budget shall
10 issue guidance for agencies to ensure the collec-
11 tion and timely reporting for the obligation and
12 expenditure of large covered funds under division
13 A of the CARES Act (Public Law 116–136) on
14 and after the date of enactment of that Act.
15 (B) REQUIREMENT.—The guidance issued
16 under subparagraph (A) shall require that, not
17 later than 120 days after the date of enactment
18 of this Act, agencies shall make all reports re-
19 quired under section 15011 of division B of the
20 CARES Act (Public Law 116–136) relating to
21 large covered funds under division A of such Act
22 that have been expended or obligated during the
23 period beginning on the date of enactment of the
24 CARES Act (Public Law 116–136) and ending
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1 on the day before the date of enactment of this
2 Act.
3 (C) RULE OF CONSTRUCTION.—Nothing in
4 this subsection shall be construed to affect the
5 deadlines for reporting under section 15011 of
6 division B of the CARES Act (Public Law 116–
7 136) relating to large covered funds that have
8 been expended or obligated under divisions A or
9 B of such Act, on or after the date of enactment
10 of this Act.
11 (c) DESIGNATION.—Amounts repurposed under this
12 section that were previously designated by the Congress, re-
13 spectively, as an emergency requirement or as being for dis-
14 aster relief pursuant to the Balanced Budget and Emer-
15 gency Deficit Control Act are designated by the Congress
16 as being for an emergency requirement pursuant to section
17 251(b)(2)(A)(i) of the Balanced Budget and Emergency
18 Deficit Control Act of 1985 or as being for disaster relief
19 pursuant to section 251(b)(2)(D) of the Balanced Budget
20 and Emergency Deficit Control Act of 1985.
21 SEC. 505. Title V of division B of the CARES Act
22 (Public Law 116–136) is amended by striking the fifth pro-
23 viso under the heading ‘‘General Services Administration—
24 Real Property Activities—Federal Buildings Fund’’: Pro-
25 vided, That the amounts repurposed pursuant to this sec-
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1 tion that were previously designated by the Congress as an
2 emergency requirement pursuant to the Balanced Budget
3 and Emergency Deficit Control Act of 1985 are designated
4 by the Congress as an emergency requirement pursuant to
5 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
6 gency Deficit Control Act of 1985.
7 TITLE VI
8 HOMELAND SECURITY
9 OFFICE OF INSPECTOR GENERAL
10 OPERATIONS AND SUPPORT
11 For an additional amount for ‘‘Operations and Sup-
12 port’’, $3,000,000, for oversight of activities supported by
13 funds provided under ‘‘Federal Emergency Management
14 Agency—Disaster Relief Fund’’ in title VI of division B
15 of Public Law 116–136, in addition to amounts otherwise
16 available for such purposes: Provided, That such amount
17 is designated by the Congress as being for an emergency
18 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
19 anced Budget and Emergency Deficit Control Act of 1985.
20 FEDERAL EMERGENCY MANAGEMENT AGENCY
21 FEDERAL ASSISTANCE
22 For an additional amount for ‘‘Federal Assistance’’,
23 $1,300,000,000, to prevent, prepare for, and respond to
24 coronavirus, of which $500,000,000 shall be for Assistance
25 to Firefighter Grants for the purchase of personal protective
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1 equipment and related supplies, mental health evaluations,
2 training, and temporary infectious disease de-contamina-
3 tion or sanitizing facilities and equipment; of which
4 $500,000,000 shall be for Staffing for Adequate Fire and
5 Emergency Response Grants; of which $100,000,000 shall
6 be for Emergency Management Performance Grants; and
7 of which $200,000,000 shall be for the Emergency Food and
8 Shelter Program: Provided, That such amount is designated
9 by the Congress as being for an emergency requirement pur-
10 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
11 Emergency Deficit Control Act of 1985.
12 GENERAL PROVISIONS—THIS TITLE
13 SEC. 601. Notwithstanding any other provision of law,
14 funds made available in this Act for ‘‘Federal Emergency
15 Management Agency—Federal Assistance’’ in this Act shall
16 only be used for the purposes specifically described under
17 that heading.
18 SEC. 602. (a) Subsections (c)(2) and (k) of section 33
19 of the Federal Fire Prevention and Control Act of 1974 (15
20 U.S.C. 2229) shall not apply to amounts appropriated for
21 ‘‘Federal Emergency Management Agency—Federal Assist-
22 ance’’ for Assistance to Firefighter Grants in this Act.
23 (b) Subsection (k) of section 33 of the Federal Fire Pre-
24 vention and Control Act of 1974 (15 U.S.C. 2229) shall not
25 apply to amounts provided for ‘‘Federal Emergency Man-
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1 agement Agency—Federal Assistance’’ for Assistance to
2 Firefighter Grants in title III of division D of Public Law
3 116–93 and in title VI of division B of Public Law 116–
4 136.
5 (c) Amounts repurposed under this section that were
6 previously designated by the Congress as an emergency re-
7 quirement or as being for disaster relief pursuant to the
8 Balanced Budget and Emergency Deficit Control Act are
9 designated by the Congress as being for an emergency re-
10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
11 anced Budget and Emergency Deficit Control Act of 1985
12 or as being for disaster relief pursuant to section
13 251(b)(2)(D) of the Balanced Budget and Emergency Def-
14 icit Control Act of 1985.
15 SEC. 603. Subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
16 (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
17 Prevention and Control Act of 1974 (15 U.S.C. 2229a) shall
18 not apply to amounts appropriated for ‘‘Federal Emergency
19 Management Agency—Federal Assistance’’ for Staffing for
20 Adequate Fire and Emergency Response Grants in this Act
21 and in division D, title III of the Consolidated Appropria-
22 tions Act, 2020 (Public Law 116–93).
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1 TITLE VII
2 INTERIOR, ENVIRONMENT, AND RELATED
3 AGENCIES
4 DEPARTMENT OF THE INTERIOR
5 UNITED STATES FISH AND WILDLIFE SERVICE
6 RESOURCE MANAGEMENT
7 For an additional amount for ‘‘Resource Manage-
8 ment’’, $45,000,000, of which $15,000,000 shall be for wild-
9 life inspections, interdictions, and investigations and for
10 domestic and international efforts to address wildlife traf-
11 ficking; and of which $30,000,000 shall be for the care of
12 captive species listed under the Endangered Species Act,
13 rescued and confiscated wildlife, and other Federally-owned
14 animals in facilities experiencing lost revenues due to the
15 coronavirus: Provided, That such amount is designated by
16 the Congress as being for an emergency requirement pursu-
17 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 NATIONAL PARK SERVICE
20 NATIONAL RECREATION AND PRESERVATION
21 For an additional amount for ‘‘National Recreation
22 and Preservation’’, $20,000,000 for grants as authorized by
23 the 9/11 Memorial Act (Public Law 115–413), to prevent,
24 prepare for, and respond to coronavirus. Provided, That
25 such amount is designated by the Congress as being for an
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1 emergency requirement pursuant to section 251(b)(2)(A)(i)
2 of the Balanced Budget and Emergency Deficit Control Act
3 of 1985.
4 BUREAU OF INDIAN AFFAIRS
5 OPERATION OF INDIAN PROGRAMS
6 For an additional amount for ‘‘Operation of Indian
7 Programs’’, $900,000,000, to prevent, prepare for, and re-
8 spond to coronavirus, of which—
9 (1) $100,000,000 shall be for housing improve-
10 ment;
11 (2) $780,000,000 shall be for providing Tribal
12 government services, for Tribal government employee
13 salaries to maintain operations, and cleaning and
14 sanitization of Tribally owned and operated facilities;
15 and
16 (3) $20,000,000 shall be used to provide and de-
17 liver potable water:
18 Provided, That none of the funds appropriated herein shall
19 be obligated until 3 days after the Bureau of Indian Affairs
20 provides a detailed spend plan, which includes distribution
21 and use of funds by Tribe, to the Committees on Appropria-
22 tions of the House of Representatives and the Senate: Pro-
23 vided further, That such amounts shall be in addition to
24 any other amounts available for such purposes: Provided
25 further, That the Bureau shall notify the Committees on
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1 Appropriations of the House of Representatives and the
2 Senate quarterly on the obligations and expenditures of the
3 funds provided by this Act: Provided further, That assist-
4 ance received herein shall not be included in the calculation
5 of funds received by those Tribal governments who partici-
6 pate in the ‘‘Small and Needy’’ program: Provided further,
7 That such amounts, if transferred to Indian Tribes and
8 Tribal organizations under the Indian Self-Determination
9 and Education Assistance Act (1) will be transferred on a
10 one-time basis, (2) are non-recurring funds that are not
11 part of the amount required by 25 U.S.C. 5325, and (3)
12 may only be used for the purposes identified under this
13 heading in this Act, notwithstanding any other provision
14 of law: Provided further, That section 1308 of this Act shall
15 not apply to tribal contracts entered into by the Bureau
16 of Indian Affairs with this appropriation: Provided further,
17 That such amount is designated by the Congress as being
18 for an emergency requirement pursuant to section
19 251(b)(2)(A)(i) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
21 DEPARTMENTAL OFFICES
22 INSULAR AFFAIRS
23 ASSISTANCE TO TERRITORIES
24 For an additional amount for ‘‘Assistance to Terri-
25 tories’’, $1,000,000,000, to remain available until expended,
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1 to prevent, prepare for, respond to, and recover from
2 coronavirus, of which (1) $993,000,000 is for Capital Im-
3 provement Project grants for hospitals and other critical in-
4 frastructure; and (2) $7,000,000 is for territorial assistance,
5 including general technical assistance: Provided, That any
6 appropriation for disaster assistance under this heading in
7 this Act or previous appropriations Acts may be used as
8 non-Federal matching funds for the purpose of hazard miti-
9 gation grants provided pursuant to section 404 of the Rob-
10 ert T. Stafford Disaster Relief and Emergency Assistance
11 Act (42 U.S.C. 5170c): Provided further, That amounts
12 repurposed pursuant to this section that were previously
13 designated by the Congress as an emergency requirement
14 pursuant to the Balanced Budget and Emergency Deficit
15 Control Act of 1985 are designated by the Congress as an
16 emergency requirement pursuant to section 251(b)(2)(A)(i)
17 of the Balanced Budget and Emergency Deficit Control Act
18 of 1985: Provided further, That such amount is designated
19 by the Congress as being for an emergency requirement pur-
20 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
21 Emergency Deficit Control Act of 1985.
22 OFFICE OF INSPECTOR GENERAL
23 SALARIES AND EXPENSES
24 For an additional amount for ‘‘Salaries and Ex-
25 penses’’, $5,000,000, to remain available until expended:
•HR 925 EAH
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1 Provided, That such amount is designated by the Congress
2 as being for an emergency requirement pursuant to section
3 251(b)(2)(A)(i) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985.
5 ENVIRONMENTAL PROTECTION AGENCY
6 ENVIRONMENTAL PROGRAMS AND MANAGEMENT
7 For an additional amount for ‘‘Environmental Pro-
8 grams and Management’’, $50,000,000, for environmental
9 justice grants as described in section 302 of division U of
10 this Act: Provided, That such amounts shall be in addition
11 to any other amounts available for such purposes: Provided
12 further, That such amount is designated by the Congress
13 as being for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16 DEPARTMENT OF HEALTH AND HUMAN
17 SERVICES
18 INDIAN HEALTH SERVICE
19 INDIAN HEALTH SERVICES
20 For an additional amount for ‘‘Indian Health Serv-
21 ices’’, $1,734,000,000, to remain available until expended,
22 to prevent, prepare for, respond to, and provide health serv-
23 ices related to coronavirus, of which—
24 (1) $1,000,000,000 shall be used to supplement
25 reduced third party revenue collections;
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1 (2) $500,000,000 shall be used for direct health
2 and telehealth services, including to purchase supplies
3 and personal protective equipment;
4 (3) $140,000,000 shall be used to expand
5 broadband infrastructure and information technology
6 for telehealth and electronic health record system pur-
7 poses;
8 (4) $20,000,000 shall be used to address the
9 needs of domestic violence victims and homeless indi-
10 viduals and families;
11 (5) not less than $64,000,000 shall be for Urban
12 Indian Organizations; and,
13 (6) not less than $10,000,000 shall be used to
14 provide and deliver potable water:
15 Provided, That such funds shall be allocated at the discre-
16 tion of the Director of the Indian Health Service, and shall
17 be in addition to any other amounts available for such pur-
18 poses: Provided further, That such amounts, if transferred
19 to Tribes and Tribal organizations under the Indian Self-
20 Determination and Education Assistance Act, will be trans-
21 ferred on a one-time basis and that these non-recurring
22 funds are not part of the amount required by section 106
23 of the Indian Self-Determination and Education Assistance
24 Act (25 U.S.C. 5325), and that such amounts may only
25 be used for the purposes identified under this heading not-
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1 withstanding any other provision of law: Provided further,
2 That none of the funds appropriated under this heading
3 in this Act for telehealth broadband activities shall be avail-
4 able for obligation until 3 days after the Indian Health
5 Service provides to the Committees on Appropriations of
6 the House of Representatives and the Senate, a detailed
7 spend plan that includes the cost, location, and expected
8 completion date of each activity: Provided further, That the
9 Indian Health Service shall notify the Committees on Ap-
10 propriations of the House of Representatives and the Senate
11 quarterly on the obligations and expenditures of the funds
12 provided by this Act: Provided further, That section 1308
13 of this Act shall not apply to tribal contracts entered into
14 by the Bureau of Indian Affairs with this appropriation:
15 Provided further, That such amount is designated by the
16 Congress as being for an emergency requirement pursuant
17 to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 INDIAN HEALTH FACILITIES
20 For an additional amount for ‘‘Indian Health Facili-
21 ties’’, $600,000,000, to prevent, prepare for, and respond
22 to coronavirus, to modify existing health facilities to pro-
23 vide isolation or quarantine space, to purchase and install
24 updated equipment necessary, and for maintenance and im-
25 provement projects necessary to the purposes specified in
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1 this Act: Provided, That such amounts may be used to sup-
2 plement amounts otherwise available for such purposes
3 under ‘‘Indian Health Facilities’’: Provided further, That
4 such amounts shall be in addition to any other amounts
5 available for such purposes: Provided further, That such
6 amounts, if transferred to Tribes and Tribal organizations
7 under the Indian Self-Determination and Education Assist-
8 ance Act, will be transferred on a one-time basis and that
9 these non-recurring funds are not part of the amount re-
10 quired by section 106 of the Indian Self-Determination and
11 Education Assistance Act (25 U.S.C. 5325), and that such
12 amounts may only be used for the purposes identified under
13 this heading notwithstanding any other provision of law:
14 Provided further, That the Indian Health Service shall no-
15 tify the Committees on Appropriations of the House of Rep-
16 resentatives and the Senate quarterly on the obligations and
17 expenditures of the funds provided by this Act: Provided
18 further, That section 1308 of this Act shall not apply to
19 tribal contracts entered into by the Bureau of Indian Af-
20 fairs with this appropriation: Provided further, That such
21 amount is designated by the Congress as being for an emer-
22 gency requirement pursuant to section 251(b)(2)(A)(i) of
23 the Balanced Budget and Emergency Deficit Control Act
24 of 1985.
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1 NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES
2 NATIONAL ENDOWMENT FOR THE ARTS
3 GRANTS AND ADMINISTRATION
4 For an additional amount for ‘‘Grants and Adminis-
5 tration’’, $135,000,000, for grants to respond to the impacts
6 of coronavirus: Provided, That such funds are available
7 under the same terms and conditions as grant funding ap-
8 propriated to this heading in Public Law 116–94: Provided
9 further, That 40 percent of the funds made available under
10 this heading in this Act shall be distributed to State arts
11 agencies and regional arts organizations and 60 percent of
12 such funds shall be for direct grants: Provided further, That
13 notwithstanding any other provision of law, such funds
14 may also be used by the recipients of such grants for pur-
15 poses of the general operations of such recipients: Provided
16 further, That the matching requirements under subsections
17 (e), (g)(4)(A), and (p)(3) of section 5 of the National Foun-
18 dation on the Arts and Humanities Act of 1965 (20 U.S.C.
19 954) may be waived with respect to such grants: Provided
20 further, That such amount is designated by the Congress
21 as being for an emergency requirement pursuant to section
22 251(b)(2)(A)(i) of the Balanced Budget and Emergency
23 Deficit Control Act of 1985.
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1 NATIONAL ENDOWMENT FOR THE HUMANITIES
2 GRANTS AND ADMINISTRATION
3 For an additional amount for ‘‘Grants and Adminis-
4 tration’’, $135,000,000, for grants to respond to the impacts
5 of coronavirus: Provided, That such funds are available
6 under the same terms and conditions as grant funding ap-
7 propriated to this heading in Public Law 116–94: Provided
8 further, That 40 percent of the funds made available under
9 this heading in this Act shall be distributed to state human-
10 ities councils and 60 percent of such funds shall be for direct
11 grants: Provided further, That notwithstanding any other
12 provision of law, such funds may also be used by the recipi-
13 ents of such grants for purposes of the general operations
14 of such recipients: Provided further, That the matching re-
15 quirements under subsection (h)(2)(A) of section 7 of the
16 National Foundation on the Arts and Humanities Act of
17 1965 may be waived with respect to such grants: Provided
18 further, That such amount is designated by the Congress
19 as being for an emergency requirement pursuant to section
20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
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1 TITLE VIII
2 DEPARTMENTS OF LABOR, HEALTH AND HUMAN
3 SERVICES, AND EDUCATION, AND RELATED
4 AGENCIES
5 DEPARTMENT OF LABOR
6 EMPLOYMENT AND TRAINING ADMINISTRATION
7 TRAINING AND EMPLOYMENT SERVICES
8 (INCLUDING TRANSFER OF FUNDS)
9 For an additional amount for ‘‘Training and Employ-
10 ment Services’’, $2,140,000,000, to prevent, prepare for, and
11 respond to coronavirus, of which $15,000,000 shall be trans-
12 ferred to ‘‘Program Administration’’ to carry out activities
13 in this Act, Public Law 116–127 and Public Law 116–136
14 for full-time equivalent employees, information technology
15 upgrades needed to expedite payments and support imple-
16 mentation, including to expedite policy guidance and dis-
17 bursement of funds, technical assistance and other assist-
18 ance to States and territories to speed payment of Federal
19 and State unemployment benefits, and of which the remain-
20 ing amounts shall be used to carry out activities under the
21 Workforce Innovation and Opportunity Act (referred to in
22 this Act as ‘‘WIOA’’) as follows:
23 (1) $485,000,000 for grants to the States for
24 adult employment and training activities, including
25 incumbent worker trainings, transitional jobs, on-the-
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1 job training, individualized career services, sup-
2 portive services, needs-related payments, and to facili-
3 tate remote access to training services provided
4 through a one-stop delivery system through the use of
5 technology: Provided, That an adult shall not be re-
6 quired to meet the requirements of section
7 134(c)(3)(B) of the WIOA: Provided further, That an
8 adult who meets the requirements described in section
9 2102(a)(3)(A) of Public Law 116–136 may be eligible
10 for participation: Provided further, That priority
11 may be given to individuals who are adversely im-
12 pacted by economic changes due to the coronavirus,
13 including individuals seeking employment, dislocated
14 workers, individuals with barriers to employment, in-
15 dividuals who are unemployed, or individuals who
16 are underemployed;
17 (2) $518,000,000 for grants to the States for
18 youth activities, including supportive services, sum-
19 mer employment for youth, and to facilitate remote
20 access to training services provided through a one-
21 stop delivery system through the use of technology:
22 Provided, That individuals described in section
23 2102(a)(3)(A) of Public Law 116–136 may be eligible
24 for participation as an out-of-school youth if they
25 meet the requirements of clauses (i) and (ii) of section
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1 129(a)(1)(B) or as in-school youth if they meet the re-
2 quirements of clauses (i) and (iii) of section
3 129(a)(1)(C) of the WIOA; Provided further, That
4 priority shall be given for out-of-school youth and
5 youth with multiple barriers to employment: Provided
6 further, That funds shall support employer partner-
7 ships for youth employment and subsidized employ-
8 ment, and partnerships with community-based orga-
9 nizations to support such employment;
10 (3) $597,000,000 for grants to States for dis-
11 located worker employment and training activities,
12 including incumbent worker trainings, transitional
13 jobs, on-the-job training, individualized career serv-
14 ices, supportive services, needs-related payments, and
15 to facilitate remote access to training services pro-
16 vided through a one-stop delivery system through the
17 use of technology: Provided, That a dislocated worker
18 shall not be required to meet the requirements of sec-
19 tion 134(c)(3)(B) of the WIOA: Provided further,
20 That a dislocated worker who meets the requirements
21 described in section 2102(a)(3)(A) of Public Law
22 116–136 may be eligible for participation;
23 (4) $500,000,000 for the dislocated workers as-
24 sistance national reserve; and
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1 (5) $25,000,000 for migrant and seasonal farm-
2 worker programs under section 167 of the WIOA, in-
3 cluding emergency supportive services of which no less
4 than $500,000 shall be for the collection and dissemi-
5 nation of electronic and printed materials related to
6 coronavirus to the migrant and seasonal farmworker
7 population nationwide, including Puerto Rico,
8 through a cooperative agreement, and of which
9 $1,000,000 shall be for migrant and seasonal farm-
10 worker housing:
11 Provided, That such amount is designated by the Congress
12 as being for an emergency requirement pursuant to section
13 251(b)(2)(A)(i) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
16 SERVICE OPERATIONS
17 For an additional amount for ‘‘State Unemployment
18 Insurance and Employment Service Operations’’,
19 $538,500,000, to prevent, prepare for, and respond to
20 coronavirus, which may be expended from the Employment
21 Security Administration Account in the Unemployment
22 Trust Fund (‘‘The Trust Fund’’), of which:
23 (1) $38,500,000 from the Trust Fund is for na-
24 tional activities necessary to support the administra-
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1 tion of the Federal-State unemployment insurance
2 system; and
3 (2) $500,000,000 from the Trust Fund is for
4 grants to States in accordance with section 6 of the
5 Wagner-Peyser Act:
6 Provided, That such amount is designated by the Congress
7 as being for an emergency requirement pursuant to section
8 251(b)(2)(A)(i) of the Balanced Budget and Emergency
9 Deficit Control Act of 1985.
10 WAGE AND HOUR DIVISION
11 SALARIES AND EXPENSES
12 For an additional amount for ‘‘Wage and Hour Divi-
13 sion’’, $6,500,000 to prevent, prepare for, and respond to
14 coronavirus, including for the administration, oversight,
15 and coordination of worker protection activities related
16 thereto: Provided, That the Secretary of Labor shall use
17 funds provided under this heading to support enforcement
18 activities and outreach efforts to make individuals, particu-
19 larly low-wage workers, aware of their rights under division
20 C and division E of Public Law 116–127 and this Act: Pro-
21 vided further, That such amount is designated by the Con-
22 gress as being for an emergency requirement pursuant to
23 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
24 gency Deficit Control Act of 1985.
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1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
2 SALARIES AND EXPENSES
3 For an additional amount for ‘‘Occupational Safety
4 and Health Administration’’, $100,000,000 for implemen-
5 tation of section 202 of division B this Act, and for worker
6 protection and enforcement activities to prevent, prepare
7 for, and respond to coronavirus, of which $25,000,000 shall
8 be for Susan Harwood training grants and at least
9 $70,000,000 shall be to hire additional compliance safety
10 and health officers, and for state plan enforcement, to pro-
11 tect workers from coronavirus by enforcing all applicable
12 standards and directives, including 29 CFR 1910.132, 29
13 CFR 1910.134, section 5(a)(1) of the Occupational Safety
14 and Health Act of 1970, and 29 CFR 1910.1030: Provided,
15 That activities to protect workers from coronavirus sup-
16 ported by funds provided under this heading includes addi-
17 tional enforcement of standards and directives referenced in
18 the preceding proviso at slaughterhouses, poultry processing
19 plants, and agricultural workplaces: Provided further, That
20 within 15 days of the date of enactment of this Act, the
21 Secretary of Labor shall submit a spending and hiring plan
22 for the funds made available under this heading, and a
23 monthly staffing report until all funds are expended, to the
24 Committees on Appropriations of the House of Representa-
25 tives and the Senate: Provided further, That within 15 days
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1 of the date of enactment of this Act, the Secretary of Labor
2 shall submit a plan for the additional enforcement activities
3 described in the third proviso to the Committees on Appro-
4 priations of the House of Representatives and the Senate:
5 Provided further, That such amount is designated by the
6 Congress as being for an emergency requirement pursuant
7 to section 251(b)(2)(A)(i) of the Balanced Budget and
8 Emergency Deficit Control Act of 1985.
9 OFFICE OF INSPECTOR GENERAL
10 For an additional amount for ‘‘Office of Inspector
11 General’’, $5,000,000, to remain available until expended,
12 to prevent, prepare for, and respond to coronavirus. Pro-
13 vided, That such amount is designated by the Congress as
14 being for an emergency requirement pursuant to section
15 251(b)(2)(A)(i) of the Balanced Budget and Emergency
16 Deficit Control Act of 1985.
17 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF LABOR
18 SEC. 801. (a) There is hereby appropriated for an ad-
19 ditional amount for fiscal year 2021 for ‘‘Department of
20 Labor—Employment Training Administration—State Un-
21 employment Insurance and Employment Service Oper-
22 ations’’, $28,600,000, to be expended from the Employment
23 Security Administration Account in the Unemployment
24 Trust Fund (‘‘the Trust Fund’’) to carry out title III of
25 the Social Security Act: Provided, That such amount shall
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1 only become available for obligation if the Average Weekly
2 Insured Unemployment (‘‘AWIU’’) for fiscal year 2021 is
3 projected, by the Department of Labor during fiscal year
4 2021 to exceed 1,728,000: Provided further, That to the ex-
5 tent that the AWIU for fiscal year 2021 is projected by the
6 Department of Labor to exceed 1,728,000, an additional
7 $28,600,000 from the Trust Fund shall be made available
8 for obligation during fiscal year 2021 for every 100,000 in-
9 crease in the AWIU level (including a pro rata amount for
10 any increment less than 100,000): Provided further, That,
11 except as specified in this section, amounts provided herein
12 shall be available under the same authority and conditions
13 applicable to funds provided to carry out title III of the
14 Social Security Act under the heading ‘‘Department of
15 Labor—Employment Training Administration—State Un-
16 employment Insurance and Employment Service Oper-
17 ations’’ in division A of Public Law 116–94: Provided fur-
18 ther, That such amounts shall be in addition to any other
19 funds made available in any fiscal year for such purposes:
20 Provided further, That such amount is designated by the
21 Congress as being for an emergency requirement pursuant
22 to section 251(b)(2)(A)(i) of the Balanced Budget and
23 Emergency Deficit Control Act of 1985.
24 (b)(1) Section 101(8) of the Continuing Appropria-
25 tions Act, 2021 (division A of H.R. 8337 of the 116th Con-
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1 gress), is amended by inserting ‘‘except the first proviso fol-
2 lowing paragraph (6) under the heading ‘Department of
3 Labor—State Unemployment Insurance and Employment
4 Service Operations’ ’’ before the period.
5 (2) Any obligations and expenditures made for
6 projects or activities described in this section before
7 the date of enactment of this Act pursuant to the first
8 proviso following paragraph (6) under the heading
9 ‘‘Department of Labor—State Unemployment Insur-
10 ance and Employment Service Operations’’ as pro-
11 vided by section 101 of the Continuing Appropria-
12 tions Act, 2021 shall be charged to the appropriation
13 provided by this section, consistent with section 107
14 of the Continuing Appropriations Act, 2021.
15 SEC. 802. (a) Any funds made available under this
16 Act to support or fund apprenticeship programs shall only
17 be used for, or provided to, apprenticeship programs as de-
18 fined in subsection (b) of this section, including any funds
19 awarded for the purposes of grants, contracts, or cooperative
20 agreements, or the development, implementation, or admin-
21 istration, of an apprenticeship program.
22 (b) The term ‘‘apprenticeship’’ means an apprentice-
23 ship program registered under the Act of August 16, 1937
24 (commonly known as the ‘‘National Apprenticeship Act’’)
25 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) and that
•HR 925 EAH
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1 complies with the requirements of subpart A of part 29,
2 Code of Federal Regulations, and part 30 of such title (as
3 in effect on September 30, 2020).
4 DEPARTMENT OF HEALTH AND HUMAN
5 SERVICES
6 HEALTH RESOURCES AND SERVICES ADMINISTRATION
7 PRIMARY HEALTH CARE
8 For an additional amount for ‘‘Primary Health
9 Care’’, $7,600,000,000, for necessary expenses to prevent,
10 prepare for, and respond to coronavirus, for grants and co-
11 operative agreements under the Health Centers Program, as
12 defined by section 330 of the Public Health Service Act, and
13 for grants to Federally qualified health centers, as defined
14 in section 1861(aa)(4)(B) of the Social Security Act, and
15 for eligible entities under the Native Hawaiian Health Care
16 Improvement Act, including maintenance or expansion of
17 health center and system capacity and staffing levels: Pro-
18 vided, That sections 330(r)(2)(B), 330(e)(6)(A)(iii), and
19 330(e)(6)(B)(iii) shall not apply to funds provided under
20 this heading in this Act: Provided further, That funds pro-
21 vided under this heading in this Act may be used to (1)
22 purchase equipment and supplies to conduct mobile testing
23 for SARS–CoV–2 or COVID–19; (2) purchase and main-
24 tain mobile vehicles and equipment to conduct such testing;
25 and (3) hire and train laboratory personnel and other staff
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1 to conduct such mobile testing: Provided further, That such
2 amount is designated by the Congress as being for an emer-
3 gency requirement pursuant to section 251(b)(2)(A)(i) of
4 the Balanced Budget and Emergency Deficit Control Act
5 of 1985.
6 HEALTH WORKFORCE
7 For an additional amount for ‘‘Health Workforce’’,
8 $1,000,000,000, to remain available until September 30,
9 2022, to prevent, prepare for, and respond to coronavirus,
10 of which $800,000,000 shall be for carrying out title III
11 of the Public Health Service Act with respect to the health
12 workforce and $200,000,000 shall be for carrying out section
13 846 of such Act: Provided, That of the amount made avail-
14 able under this heading in this Act for carrying out title
15 III of the Public Health Service Act with respect to the
16 health workforce, $100,000,000 shall be made available for
17 purposes of providing public health services through a sup-
18 plemental grant or grants to states currently participating
19 in the NHSC State Loan Repayment Program notwith-
20 standing section 338I(b) of the PHS Act, to make awards
21 as authorized under section 338I(j) of the Public Health
22 Service (PHS) Act, and notwithstanding the health profes-
23 sional shortage area requirements under 338I, the Secretary
24 may develop rules needed to implement this proviso: Pro-
25 vided further, That for purposes of the previous proviso,
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1 notwithstanding section 338I(d)(2) of the PHS Act, no
2 more than 10 percent of funds made available in such sup-
3 plemental grants may be used by the state for administra-
4 tion of the State Loan Repayment Program in that state:
5 Provided further, That for the purposes of these funds, the
6 term ‘‘primary health services’’ and ‘‘primary health care
7 services’’ as referenced in section 338I of the PHS Act, in-
8 cludes public health services, as defined by the Secretary:
9 Provided further, That such amount is designated by the
10 Congress as being for an emergency requirement pursuant
11 to section 251(b)(2)(A)(i) of the Balanced Budget and
12 Emergency Deficit Control Act of 1985.
13 MATERNAL AND CHILD HEALTH
14 For an additional amount for ‘‘Maternal and Child
15 Health’’, $500,000,000, to prevent, prepare for, and respond
16 to coronavirus, for carrying out title V of the Social Secu-
17 rity Act with respect to maternal and child health: Pro-
18 vided, That notwithstanding sections 502(a)(1) and
19 502(b)(1) of the Social Security Act, such funds shall be
20 available for awards to states and territories to carry out
21 special projects of regional and national significance pursu-
22 ant to section 501(a)(2) of such Act: Provided further, That
23 such amount is designated by the Congress as being for an
24 emergency requirement pursuant to section 251(b)(2)(A)(i)
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1 of the Balanced Budget and Emergency Deficit Control Act
2 of 1985.
3 RYAN WHITE HIV/AIDS PROGRAM
4 For an additional amount for ‘‘Ryan White HIV/
5 AIDS Program’’, $100,000,000, to prevent, prepare for, and
6 respond to coronavirus: Provided, That awards from funds
7 provided under this heading in this Act shall be through
8 modifications to existing contracts and supplements to ex-
9 isting grants and cooperative agreements under parts A, B,
10 C, D, and F, or section 2692(a) of title XXVI of the Public
11 Health Service Act: Provided further, That such supple-
12 ments shall be awarded using a data-driven methodology
13 determined by the Secretary of Health and Human Serv-
14 ices: Provided further, That sections 2604(c), 2612(b), and
15 2651(c) of the Public Health Service Act shall not apply
16 to funds provided under this heading in this Act: Provided
17 further, That the Secretary may waive any penalties and
18 administrative requirements as may attach to these funds
19 or to funds awarded under title XXVI with respect to the
20 Ryan White HIV/AIDS program as necessary to ensure
21 that the funds may be used efficiently: Provided further,
22 That such amount is designated by the Congress as being
23 for an emergency requirement pursuant to section
24 251(b)(2)(A)(i) of the Balanced Budget and Emergency
25 Deficit Control Act of 1985.
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1 CENTERS FOR DISEASE CONTROL AND PREVENTION
2 CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT
3 For an additional amount for ‘‘CDC–Wide Activities
4 and Program Support’’, $13,700,000,000, to prevent, pre-
5 pare for, and respond to coronavirus, domestically or inter-
6 nationally: Provided, That of the amount provided under
7 this heading in this Act, $1,000,000,000 shall be for Public
8 Health Emergency Preparedness cooperative agreements
9 under section 319C–1 of the Public Health Service Act: Pro-
10 vided further, That, of the amount provided under this
11 heading in this Act, $1,000,000,000 shall be for necessary
12 expenses for grants for core public health infrastructure for
13 State, local, Territorial, or Tribal health departments as
14 described in section 550 of division K of this Act: Provided
15 further, That of the amount made available under this head-
16 ing in this Act for specified programs, not less than
17 $100,000,000 shall be allocated to tribes, tribal organiza-
18 tions, urban Indian health organizations, or health service
19 providers to tribes: Provided further, That of the amount
20 made available under this heading in this Act, not less than
21 $1,000,000,000 shall be for global disease detection and
22 emergency response: Provided further, That of the amount
23 provided under this heading in this Act, not less than
24 $200,000,000 shall be for public health data surveillance
25 and analytics infrastructure modernization: Provided fur-
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1 ther, That of the amount made available under this heading
2 in this Act, $7,000,000,000 shall be for activities to plan,
3 prepare for, promote, distribute, administer, monitor, and
4 track coronavirus vaccines, as described in section 703 of
5 division K of this Act, to ensure broad-based distribution,
6 access, and vaccine coverage: Provided further, That of the
7 amount made available under this heading in this Act,
8 $1,000,000,000 shall be for necessary expenses for grants for
9 an evidence-based public awareness campaign on the im-
10 portance of vaccinations, as described in section 704 of divi-
11 sion K of this Act: Provided further, That of the amount
12 made available under this heading in this Act,
13 $2,000,000,000 shall be for necessary expenses for grants to
14 State, local, Tribal, or territorial health departments to
15 purchase or procure personal protective equipment and
16 other workplace safety measures for use in containment and
17 mitigation of COVID-19 transmission among essential
18 workers, as well as provide funding to employers of essential
19 workers for containment and mitigation of COVID-19
20 transmission among essential workers in their workplaces,
21 as described in section 651 of division K of this Act: Pro-
22 vided further, That of the amount made available under this
23 heading in this Act, up to $500,000,000 shall be for activi-
24 ties to plan, prepare for, promote, distribute, administer,
25 monitor, and track seasonal influenza vaccines to ensure
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1 broad-based distribution, access, and vaccine coverage: Pro-
2 vided further, That funds made available under this head-
3 ing in this Act may reimburse CDC obligations incurred
4 for vaccine planning, preparation, promotion, and dis-
5 tribution prior to the enactment of this Act: Provided fur-
6 ther, That the Director of CDC shall report to the Commit-
7 tees on Appropriations of the House of Representatives and
8 the Senate within 60 days of enactment of this Act on an
9 enhanced seasonal influenza vaccination strategy to include
10 nationwide vaccination goals and specific actions that CDC
11 will take to achieve such goals: Provided further, That funds
12 appropriated under this heading in this Act for grants may
13 be used for the rent, lease, purchase, acquisition, construc-
14 tion, alteration, or renovation of non-Federally owned fa-
15 cilities to improve preparedness and response capability at
16 the State and local level: Provided further, That all con-
17 struction, alteration, or renovation work, carried out, in
18 whole or in part, with funds appropriated under this head-
19 ing in this Act, or under this heading in the CARES Act
20 (Public Law 116–136), shall be subject to the requirements
21 of section 1621(b)(1)(I) of the Public Health Service Act
22 (42 U.S.C. 300s–1(b)(1)(I)): Provided further, That such
23 amount is designated by the Congress as being for an emer-
24 gency requirement pursuant to section 251(b)(2)(A)(i) of
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1 the Balanced Budget and Emergency Deficit Control Act
2 of 1985.
3 NATIONAL INSTITUTES OF HEALTH
4 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
5 DISEASES
6 For an additional amount for ‘‘National Institute of
7 Allergy and Infectious Diseases’’, $500,000,000, to remain
8 available until September 30, 2024, to prevent, prepare for,
9 and respond to coronavirus: Provided, That such amount
10 is designated by the Congress as being for an emergency
11 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
12 anced Budget and Emergency Deficit Control Act of 1985.
13 NATIONAL INSTITUTE OF MENTAL HEALTH
14 For an additional amount for ‘‘National Institute of
15 Mental Health’’, $200,000,000, to remain available until
16 September 30, 2024, to prevent, prepare for, and respond
17 to coronavirus: Provided, That such amount is designated
18 by the Congress as being for an emergency requirement pur-
19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 OFFICE OF THE DIRECTOR
22 (INCLUDING TRANSFER OF FUNDS)
23 For an additional amount for ‘‘Office of the Director’’,
24 $4,021,000,000, to remain available until September 30,
25 2024, to prevent, prepare for, and respond to coronavirus,
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1 domestically or internationally: Provided, That not less
2 than $3,000,000,000 of the amount provided under this
3 heading in this Act shall be for offsetting the costs related
4 to reductions in lab productivity resulting from the
5 coronavirus pandemic or public health measures related to
6 the coronavirus pandemic: Provided further, That up to
7 $1,021,000,000 of the amount provided under this heading
8 in this Act shall be to support additional scientific research
9 or the programs and platforms that support research: Pro-
10 vided further, That funds made available under this head-
11 ing in this Act may be transferred to the accounts of the
12 Institutes and Centers of the National Institutes of Health
13 (‘‘NIH’’): Provided further, That this transfer authority is
14 in addition to any other transfer authority available to the
15 NIH: Provided further, That such amount is designated by
16 the Congress as being for an emergency requirement pursu-
17 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
20 ADMINISTRATION
21 HEALTH SURVEILLANCE AND PROGRAM SUPPORT
22 For an additional amount for ‘‘Health Surveillance
23 and Program Support’’, $8,500,000,000, to prevent, pre-
24 pare for, and respond to coronavirus: Provided, That of the
25 funds made available under this heading in this Act,
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1 $3,500,000,000 shall be for grants for the substance abuse
2 prevention and treatment block grant program under sub-
3 part II of part B of title XIX of the Public Health Service
4 Act (‘‘PHS Act’’): Provided further, That of the funds made
5 available under this heading in this Act, $4,000,000,000
6 shall be for grants for the community mental health services
7 block grant program under subpart I of part B of title XIX
8 of the PHS Act: Provided further, That of the amount made
9 available in the previous proviso, the Assistant Secretary
10 is directed to provide no less than 50 percent of funds di-
11 rectly to facilities defined in section 1913(c) of the PHS
12 Act: Provided further, That of the amount made available
13 under this heading in this Act, not less than $600,000,000
14 is available for Certified Community Behavioral Health
15 Clinic Expansion Grant program: Provided further, That
16 of the amount made available under this heading in this
17 Act, not less than $50,000,000 shall be available for suicide
18 prevention programs: Provided further, That of the funds
19 made available under this heading in this Act,
20 $100,000,000 shall be for activities and services under
21 Project AWARE: Provided further, That of the funds made
22 available under this heading in this Act, $10,000,000 shall
23 be for the National Child Traumatic Stress Network: Pro-
24 vided further, That of the amount made available under this
25 heading in this Act, $240,000,000 is available for activities
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1 authorized under section 501(o) of the PHS Act: Provided
2 further, That of the amount made available under this head-
3 ing in this Act for specified programs, not less than
4 $150,000,000 shall be allocated to tribes, tribal organiza-
5 tions, urban Indian health organizations, or health or be-
6 havioral health service providers to tribes: Provided further,
7 That with respect to the amount appropriated under this
8 heading in this Act the Substance Abuse and Mental Health
9 Services Administration may waive requirements with re-
10 spect to allowable activities, timelines, or reporting require-
11 ments for the Substance Abuse Prevention and Treatment
12 Block Grant and the Community Mental Health Services
13 Block Grant as deemed necessary to facilitate a grantee’s
14 response to coronavirus: Provided further, That such
15 amount is designated by the Congress as being for an emer-
16 gency requirement pursuant to section 251(b)(2)(A)(i) of
17 the Balanced Budget and Emergency Deficit Control Act
18 of 1985.
19 CENTERS FOR MEDICARE & MEDICAID SERVICES
20 PROGRAM MANAGEMENT
21 For an additional amount for ‘‘Program Manage-
22 ment’’, $500,000,000, to prevent, prepare for, and respond
23 to coronavirus, for State strike teams for resident and em-
24 ployee safety in skilled nursing facilities and nursing facili-
25 ties, including activities to support clinical care, infection
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1 control, and staffing pursuant to section 208 of division K
2 of this Act: Provided, That such amount is designated by
3 the Congress as being for an emergency requirement pursu-
4 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
5 Emergency Deficit Control Act of 1985.
6 ADMINISTRATION FOR CHILDREN AND FAMILIES
7 LOW INCOME HOME ENERGY ASSISTANCE
8 For an additional amount for ‘‘Low Income Home En-
9 ergy Assistance’’, $4,500,000,000, to prevent, prepare for,
10 and respond to coronavirus, for making payments under
11 subsection (b) of section 2602 of the Low-Income Home En-
12 ergy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Pro-
13 vided, That of the amount provided under this heading in
14 this Act, $2,250,000,000 shall be allocated as though the
15 total appropriation for such payments for fiscal year 2021
16 was less than $1,975,000,000: Provided further, That sec-
17 tion 2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B))
18 shall not apply to funds made available under this heading
19 in this Act: Provided further, That such amount is des-
20 ignated by the Congress as being for an emergency require-
21 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
22 Budget and Emergency Deficit Control Act of 1985.
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1 PAYMENTS TO STATES FOR THE CHILD CARE AND
2 DEVELOPMENT BLOCK GRANT
3 For an additional amount for ‘‘Payments to States for
4 the Child Care and Development Block Grant’’,
5 $7,000,000,000, to prevent, prepare for, and respond to
6 coronavirus, including for Federal administrative expenses,
7 which shall be used to supplement, not supplant State, Ter-
8 ritory, and Tribal general revenue funds for child care as-
9 sistance for low-income families within the United States
10 (including territories) without regard to requirements in
11 sections 658E(c)(3)(D)–(E) or section 658G of the Child
12 Care and Development Block Grant Act: Provided, That
13 funds provided under this heading in this Act may be used
14 for costs of providing relief from copayments and tuition
15 payments for families and for paying that portion of the
16 child care provider’s cost ordinarily paid through family
17 copayments, to provide continued payments and assistance
18 to child care providers in the case of decreased enrollment
19 or closures related to coronavirus, and to ensure child care
20 providers are able to remain open or reopen as appropriate
21 and applicable: Provided further, That States, Territories,
22 and Tribes are encouraged to place conditions on payments
23 to child care providers that ensure that child care providers
24 use a portion of funds received to continue to pay the sala-
25 ries and wages of staff: Provided further, That lead agencies
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1 shall, for the duration of the COVID–19 public health emer-
2 gency, implement enrollment and eligibility policies that
3 support the fixed costs of providing child care services by
4 delinking provider reimbursement rates from an eligible
5 child’s absence and a provider’s closure due to the COVID–
6 19 public health emergency: Provided further, That the Sec-
7 retary shall remind States that CCDBG State plans do not
8 need to be amended prior to utilizing existing authorities
9 in the Child Care and Development Block Grant Act for
10 the purposes provided herein: Provided further, That States,
11 Territories, and Tribes are authorized to use funds appro-
12 priated under this heading in this Act to provide child care
13 assistance to health care sector employees, emergency re-
14 sponders, sanitation workers, farmworkers, and other work-
15 ers deemed essential during the response to coronavirus by
16 public officials, without regard to the income eligibility re-
17 quirements of section 658P(4) of such Act: Provided further,
18 That funds appropriated under this heading in this Act
19 shall be available to eligible child care providers under sec-
20 tion 658P(6) of the CCDBG Act, even if such providers were
21 not receiving CCDBG assistance prior to the public health
22 emergency as a result of the coronavirus, for the purposes
23 of cleaning and sanitation, and other activities necessary
24 to maintain or resume the operation of programs: Provided
25 further, That no later than 60 days after the date of enact-
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1 ment of this Act, each State, Territory, and Tribe that re-
2 ceives funding under this heading in this Act shall submit
3 to the Secretary a report, in such manner as the Secretary
4 may require, describing how the funds appropriated under
5 this heading in this Act will be spent and that no later
6 than 90 days after the date of enactment of this Act, the
7 Secretary shall submit to the Committees on Appropria-
8 tions of the House of Representatives and the Senate, the
9 Committee on Education and Labor of the House of Rep-
10 resentatives, and the Committee on Health, Education,
11 Labor, and Pensions of the Senate a report summarizing
12 such reports from the States, Territories, and Tribes: Pro-
13 vided further, That, no later than October 31, 2021, each
14 State, Territory, and Tribe that receives funding under this
15 heading in this Act shall submit to the Secretary a report,
16 in such manner as the Secretary may require, describing
17 how the funds appropriated under this heading in this Act
18 were spent and that no later than 60 days after receiving
19 such reports from the States, Territories, and Tribes, the
20 Secretary shall submit to the Committees on Appropria-
21 tions of the House of Representatives and the Senate, the
22 Committee on Education and Labor of the House of Rep-
23 resentatives, and the Committee on Health, Education,
24 Labor, and Pensions of the Senate a report summarizing
25 such reports from the States, Territories, and Tribes: Pro-
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1 vided further, That payments made under this heading in
2 this Act may be obligated in this fiscal year or the suc-
3 ceeding two fiscal years: Provided further, That funds ap-
4 propriated under this heading in this Act may be made
5 available to restore amounts, either directly or through re-
6 imbursement, for obligations incurred to prevent, prepare
7 for, and respond to coronavirus, prior to the date of enact-
8 ment of this Act: Provided further, That such amount is
9 designated by the Congress as being for an emergency re-
10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
11 anced Budget and Emergency Deficit Control Act of 1985.
12 For an additional amount for ‘‘Payments to States for
13 the Child Care and Development Block Grant’’,
14 $50,000,000,000, for necessary expenses to carry out the
15 Child Care Stabilization Fund program, as authorized by
16 section 803 of this Act: Provided, That such funds shall be
17 available without regard to the requirements in subpara-
18 graphs (C) through (E) of section 658E(c)(3) or section
19 658G of the Child Care and Development Block Grant Act:
20 Provided further, That funds made available under this
21 heading in this Act may be made available to restore
22 amounts, either directly or through reimbursement, for obli-
23 gations incurred prior to the date of enactment of this Act
24 for the purposes provided herein: Provided further, That
25 such amount is designated by the Congress as being for an
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1 emergency requirement pursuant to section 251(b)(2)(A)(i)
2 of the Balanced Budget and Emergency Deficit Control Act
3 of 1985.
4 CHILD CARE STABILIZATION FUND
5 SEC. 803. (a) DEFINITIONS.—In this section:
6 (1) CCDBG TERMS.—The terms ‘‘eligible child
7 care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’, ‘‘tribal
8 organization’’, ‘‘Secretary’’, and ‘‘State’’ have the
9 meanings given the terms in section 658P of the Child
10 Care and Development Block Grant Act of 1990 (42
11 U.S.C. 9858n) except as otherwise provided in this
12 section.
13 (2) COVID–19 PUBLIC HEALTH EMERGENCY.—
14 The term ‘‘COVID–19 public health emergency’’
15 means the public health emergency declared by the
16 Secretary of Health and Human Services under sec-
17 tion 319 of the Public Health Service Act (42 U.S.C.
18 247d) on January 31, 2020, with respect to COVID–
19 19, including any renewal of the declaration.
20 (b) GRANTS.—From the amounts appropriated to
21 carry out this section and under the authority of section
22 658O of the Child Care and Development Block Grant Act
23 of 1990 (42 U.S.C. 9858m) and this section, the Secretary
24 shall award child care stabilization grants to the lead agen-
25 cy of each State (as defined in that section 658O), territory
26 described in subsection (a)(1) of such section, Indian tribe,
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1 and tribal organization from allotments and payments
2 made under subsection (c)(2), not later than 30 days after
3 the date of enactment of this Act.
4 (c) SECRETARIAL RESERVATION AND ALLOTMENTS.—
5 (1) RESERVATION.—The Secretary shall reserve
6 not more than 1 percent of the funds appropriated to
7 carry out this section for the Federal administration
8 of grants described in subsection (b). Amounts re-
9 served by the Secretary for administrative expenses
10 shall remain available until fiscal year 2024.
11 (2) ALLOTMENTS.—The Secretary shall use the
12 remainder of the funds appropriated to carry out this
13 section to award allotments to States, as defined in
14 section 658O of the Child Care Development Block
15 Grant Act of 1990 (42 U.S.C. 9858m), and payments
16 to territories, Indian tribes, and tribal organizations
17 in accordance with paragraphs (1) and (2) of sub-
18 section (a), and subsection (b), of section 658O of the
19 Child Care and Development Block Grant Act of 1990
20 (42 U.S.C. 9858m).
21 (d) STATE RESERVATIONS AND SUBGRANTS.—
22 (1) RESERVATION.—A lead agency for a State
23 that receives a child care stabilization grant pursuant
24 to subsection (b) shall reserve not more than 10 per-
25 cent of such grant funds—
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1 (A) to administer subgrants made to quali-
2 fied child care providers under paragraph (2),
3 including to carry out data systems building
4 and other activities that enable the disbursement
5 of payments of such subgrants;
6 (B) to provide technical assistance and sup-
7 port in applying for and accessing the subgrant
8 opportunity under paragraph (2), to eligible
9 child care providers (including to family child
10 care providers, group home child care providers,
11 and other non-center-based child care providers,
12 providers in rural areas, and providers with
13 limited administrative capacity), either directly
14 or through resource and referral agencies or
15 staffed family child care networks;
16 (C) to publicize the availability of subgrants
17 under this section and conduct widespread out-
18 reach to eligible child care providers (including
19 family child care providers, group home child
20 care providers, and other non-center-based child
21 care providers, providers in rural areas, and
22 providers with limited administrative capacity),
23 either directly or through resource and referral
24 agencies or staffed family child care networks, to
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1 ensure eligible child care providers are aware of
2 the subgrants available under this section;
3 (D) to carry out the reporting requirements
4 described in subsection (f); and
5 (E) to carry out activities to improve the
6 supply and quality of child care during and
7 after the COVID–19 public health emergency,
8 such as conducting community needs assess-
9 ments, carrying out child care cost modeling,
10 making improvements to child care facilities, in-
11 creasing access to licensure or participation in
12 the State’s tiered quality rating system, and car-
13 rying out other activities described in section
14 658G(b) of the Child Care and Development
15 Block Grant Act of 1990 (42 U.S.C. 9858e(b)), to
16 the extent that the lead agency can carry out ac-
17 tivities described in this subparagraph without
18 preventing the lead agency from fully conducting
19 the activities described in subparagraphs (A)
20 through (D).
21 (2) SUBGRANTS TO QUALIFIED CHILD CARE PRO-
22 VIDERS.—
23 (A) IN GENERAL.—The lead agency shall
24 use the remainder of the grant funds awarded
25 pursuant to subsection (b) to make subgrants to
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1 qualified child care providers described in sub-
2 paragraph (B), to support the stability of the
3 child care sector during and after the COVID–
4 19 public health emergency and to ensure the
5 maintenance of a delivery system of child care
6 services throughout the State that provides for
7 child care in a variety of settings, including the
8 settings of family child care providers, and for a
9 variety of ages, including care for infants and
10 toddlers. The lead agency shall provide the
11 subgrant funds in advance of provider expendi-
12 tures for costs described in subsection (e), except
13 as provided in subsection (e)(2).
14 (B) QUALIFIED CHILD CARE PROVIDER.—
15 To be qualified to receive a subgrant under this
16 paragraph, a provider shall be an eligible child
17 care provider that—
18 (i) was providing child care services on
19 or before March 1, 2020; and
20 (ii) on the date of submission of an ap-
21 plication for the subgrant, was either—
22 (I) open and available to provide
23 child care services; or
24 (II) closed due to the COVID–19
25 public health emergency.
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1 (C) SUBGRANT AMOUNT.—The lead agency
2 shall make subgrants, from amounts awarded
3 pursuant to subsection (b), to qualified child care
4 providers, and the amount of such a subgrant to
5 such a provider shall—
6 (i) be based on the provider’s stated av-
7 erage operating expenses during the period
8 (of not longer than 6 months) before March
9 1, 2020, or before the provider’s last day of
10 operation for a provider that operates sea-
11 sonally, and at minimum cover such oper-
12 ating expenses for the intended length of the
13 subgrant;
14 (ii) account for increased costs of pro-
15 viding or preparing to provide child care as
16 a result of the COVID–19 public health
17 emergency, such as provider and employee
18 compensation and existing benefits (existing
19 as of March 1, 2020) and the implementa-
20 tion of new practices related to sanitization,
21 group size limits, and social distancing;
22 (iii) be adjusted for payments or reim-
23 bursements made to an eligible child care
24 provider to carry out the Child Care and
25 Development Block Grant Act of 1990 (42
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1 U.S.C. 9857 et seq.) or the Head Start Act
2 (42 U.S.C. 9831 et seq.) if the period of
3 such payments or reimbursements overlaps
4 with the period of the subgrant award; and
5 (iv) be adjusted for payments or reim-
6 bursements made to an eligible child care
7 provider through the Paycheck Protection
8 Program set forth in section 7(a)(36) of the
9 Small Business Act (15 U.S.C. 636(a)(36)),
10 as added by section 1102 of the Coronavirus
11 Aid, Relief, and Economic Security Act
12 (Public Law 116–136) if the period of such
13 payments or reimbursements overlaps with
14 the period of the subgrant award.
15 (D) APPLICATION.—
16 (i) ELIGIBILITY.—To be eligible to re-
17 ceive a subgrant under this paragraph, a
18 child care provider shall submit an applica-
19 tion to a lead agency at such time and in
20 such manner as the lead agency may re-
21 quire. Such application shall include—
22 (I) a good-faith certification that
23 the ongoing operations of the child care
24 provider have been impacted as a re-
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1 sult of the COVID–19 public health
2 emergency;
3 (II) for a provider described in
4 subparagraph (B)(ii)(I), an assurance
5 that, for the duration of the subgrant—
6 (aa) the provider will give
7 priority for available slots (in-
8 cluding slots that are only tempo-
9 rarily available) to—
10 (AA) children of essen-
11 tial workers (such as health
12 care sector employees, emer-
13 gency responders, sanitation
14 workers, farmworkers, child
15 care employees, and other
16 workers determined to be es-
17 sential during the response to
18 coronavirus by public offi-
19 cials), children of workers
20 whose places of employment
21 require their attendance,
22 children experiencing home-
23 lessness, children with dis-
24 abilities, children at risk of
25 child abuse or neglect, and
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1 children in foster care, in
2 States, tribal communities,
3 or localities where stay-at-
4 home or related orders are in
5 effect; or
6 (BB) children of work-
7 ers whose places of employ-
8 ment require their attend-
9 ance, children experiencing
10 homelessness, children with
11 disabilities, children at risk
12 of child abuse or neglect, chil-
13 dren in foster care, and chil-
14 dren whose parents are in
15 school or a training pro-
16 gram, in States, tribal com-
17 munities, or localities where
18 stay-at-home or related or-
19 ders are not in effect;
20 (bb) the provider will imple-
21 ment policies in line with guid-
22 ance from the Centers for Disease
23 Control and Prevention and the
24 corresponding State, tribal, and
25 local authorities, and in accord-
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1 ance with State, tribal, and local
2 orders, for child care providers
3 that remain open, including guid-
4 ance on sanitization practices,
5 group size limits, and social
6 distancing;
7 (cc) for each employee, the
8 provider will pay the full com-
9 pensation described in subsection
10 (e)(1)(C), including any benefits,
11 that was provided to the employee
12 as of March 1, 2020 (referred to
13 in this clause as ‘‘full compensa-
14 tion’’), and will not take any ac-
15 tion that reduces the weekly
16 amount of the employee’s com-
17 pensation below the weekly
18 amount of full compensation, or
19 that reduces the employee’s rate of
20 compensation below the rate of
21 full compensation; and
22 (dd) the provider will pro-
23 vide relief from copayments and
24 tuition payments for the families
25 enrolled in the provider’s program
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1 and prioritize such relief for fami-
2 lies struggling to make either type
3 of payments;
4 (III) for a provider described in
5 subparagraph (B)(ii)(II), an assurance
6 that—
7 (aa) for the duration of the
8 provider’s closure due to the
9 COVID–19 public health emer-
10 gency, for each employee, the pro-
11 vider will pay full compensation,
12 and will not take any action that
13 reduces the weekly amount of the
14 employee’s compensation below the
15 weekly amount of full compensa-
16 tion, or that reduces the employ-
17 ee’s rate of compensation below
18 the rate of full compensation;
19 (bb) children enrolled as of
20 March 1, 2020, will maintain
21 their slots, unless their families
22 choose to disenroll the children;
23 (cc) for the duration of the
24 provider’s closure due to the
25 COVID–19 public health emer-
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1 gency, the provider will provide
2 relief from copayments and tui-
3 tion payments for the families en-
4 rolled in the provider’s program
5 and prioritize such relief for fami-
6 lies struggling to make either type
7 of payments; and
8 (dd) the provider will resume
9 operations when the provider is
10 able to safely implement policies
11 in line with guidance from the
12 Centers for Disease Control and
13 Prevention and the corresponding
14 State, tribal, and local authori-
15 ties, and in accordance with
16 State, tribal, and local orders;
17 (IV) information about the child
18 care provider’s—
19 (aa) program characteristics
20 sufficient to allow the lead agency
21 to establish the child care pro-
22 vider’s priority status, as de-
23 scribed in subparagraph (F);
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1 (bb) program operational
2 status on the date of submission of
3 the application;
4 (cc) type of program, includ-
5 ing whether the program is a cen-
6 ter-based child care, family child
7 care, group home child care, or
8 other non-center-based child care
9 type program;
10 (dd) total enrollment on the
11 date of submission of the applica-
12 tion and total capacity as allowed
13 by the State and tribal authori-
14 ties; and
15 (ee) receipt of assistance, and
16 amount of assistance, through a
17 payment or reimbursement de-
18 scribed in subparagraph (C)(iv),
19 and the time period for which the
20 assistance was made;
21 (V) information necessary to de-
22 termine the amount of the subgrant,
23 such as information about the pro-
24 vider’s stated average operating ex-
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1 penses over the appropriate period, de-
2 scribed in subparagraph (C)(i); and
3 (VI) such other limited informa-
4 tion as the lead agency shall determine
5 to be necessary to make subgrants to
6 qualified child care providers.
7 (ii) FREQUENCY.—The lead agency
8 shall accept and process applications sub-
9 mitted under this subparagraph on a roll-
10 ing basis.
11 (iii) UPDATES.—The lead agency
12 shall—
13 (I) at least once a month, verify
14 by obtaining a self-attestation from
15 each qualified child care provider that
16 received such a subgrant from the
17 agency, whether the provider is open
18 and available to provide child care
19 services or is closed due to the COVID–
20 19 public health emergency;
21 (II) allow the qualified child care
22 provider to update the information
23 provided in a prior application; and
24 (III) adjust the qualified child
25 care provider’s subgrant award as nec-
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1 essary, based on changes to the appli-
2 cation information, including changes
3 to the provider’s operational status.
4 (iv) EXISTING APPLICATIONS.—If a
5 lead agency has established and imple-
6 mented a grant program for child care pro-
7 viders that is in effect on the date of enact-
8 ment of this Act, and an eligible child care
9 provider has already submitted an applica-
10 tion for such a grant to the lead agency
11 containing the information specified in
12 clause (i), the lead agency shall treat that
13 application as an application submitted
14 under this subparagraph. If an eligible
15 child care provider has already submitted
16 such an application containing part of the
17 information specified in clause (i), the pro-
18 vider may submit to the lead agency an ab-
19 breviated application that contains the re-
20 maining information, and the lead agency
21 shall treat the 2 applications as an applica-
22 tion submitted under this subparagraph.
23 (E) MATERIALS.—
24 (i) IN GENERAL.—The lead agency
25 shall provide the materials and other re-
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1 sources related to such subgrants, including
2 a notification of subgrant opportunities and
3 application materials, to qualified child
4 care providers in the most commonly spoken
5 languages in the State.
6 (ii) APPLICATION.—The application
7 shall be accessible on the website of the lead
8 agency within 30 days after the lead agency
9 receives grant funds awarded pursuant to
10 subsection (b) and shall be accessible to all
11 eligible child care providers, including fam-
12 ily child care providers, group home child
13 care providers, and other non-center-based
14 child care providers, providers in rural
15 areas, and providers with limited adminis-
16 trative capacity.
17 (F) PRIORITY.—In making subgrants under
18 this section, the lead agency shall give priority
19 to qualified child care providers that, prior to or
20 on March 1, 2020—
21 (i) provided child care during non-
22 traditional hours;
23 (ii) served dual language learners, chil-
24 dren with disabilities, children experiencing
25 homelessness, children in foster care, chil-
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1 dren from low-income families, or infants
2 and toddlers;
3 (iii) served a high proportion of chil-
4 dren whose families received subsidies under
5 the Child Care and Development Block
6 Grant Act of 1990 (42 U.S.C. 9857 et seq.)
7 for the child care; or
8 (iv) operated in communities, includ-
9 ing rural communities, with a low supply
10 of child care.
11 (G) PROVIDERS RECEIVING OTHER ASSIST-
12 ANCE.—The lead agency, in determining whether
13 a provider is a qualified child care provider,
14 shall not take into consideration receipt of a
15 payment or reimbursement described in subpara-
16 graph (C)(iii) or subparagraph (C)(iv).
17 (H) AWARDS.—The lead agency shall equi-
18 tably make subgrants under this paragraph to
19 center-based child care providers, family child
20 care providers, group home child care providers,
21 and other non-center-based child care providers,
22 such that qualified child care providers are able
23 to access the subgrant opportunity under this
24 paragraph regardless of the providers’ setting,
25 size, or administrative capacity.
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1 (I) OBLIGATION.—The lead agency shall ob-
2 ligate at least 50 percent of funds available to
3 carry out this section for subgrants described in
4 this paragraph, within 6 months of the date of
5 the enactment of this Act.
6 (e) USES OF FUNDS.—
7 (1) IN GENERAL.—A qualified child care pro-
8 vider that receives funds through such a subgrant
9 may use the funds for the costs of—
10 (A) payroll;
11 (B) employee benefits, including group
12 health plan benefits during periods of paid sick,
13 medical, or family leave, and insurance pre-
14 miums;
15 (C) employee salaries or similar compensa-
16 tion, including any income or other compensa-
17 tion to a sole proprietor or independent con-
18 tractor that is a wage, commission, income, net
19 earnings from self-employment, or similar com-
20 pensation;
21 (D) employee recruitment and retention;
22 (E) payment on any mortgage obligation;
23 (F) rent (including rent under a lease
24 agreement);
25 (G) utilities and facility maintenance;
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1 (H) insurance;
2 (I) providing premium pay for child care
3 providers and other employees who provide serv-
4 ices during the COVID–19 public health emer-
5 gency;
6 (J) sanitization and other costs associated
7 with cleaning;
8 (K) personal protective equipment and other
9 equipment necessary to carry out the functions of
10 the child care provider;
11 (L) training and professional development
12 related to health and safety practices, including
13 the proper implementation of policies in line
14 with guidance from the Centers for Disease Con-
15 trol and Prevention and the corresponding State,
16 tribal, and local authorities, and in accordance
17 with State, tribal, and local orders;
18 (M) purchasing or updating equipment and
19 supplies to serve children during nontraditional
20 hours
21 (N) modifications to child care services as a
22 result of the COVID–19 public health emergency,
23 such as limiting group sizes, adjusting staff-to-
24 child ratios, and implementing other heightened
25 health and safety measures;
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1 (O) mental health supports for children and
2 employees; and
3 (P) other goods and services necessary to
4 maintain or resume operation of the child care
5 program, or to maintain the viability of the
6 child care provider as a going concern during
7 and after the COVID–19 public health emer-
8 gency.
9 (2) REIMBURSEMENT.—The qualified child care
10 provider may use the subgrant funds to reimburse the
11 provider for sums obligated or expended before the
12 date of enactment of this Act for the cost of a good
13 or service described in paragraph (1) to respond to
14 the COVID–19 public health emergency.
15 (f) REPORTING.—
16 (1) INITIAL REPORT.—A lead agency receiving a
17 grant under this section shall, within 60 days after
18 making the agency’s first subgrant under subsection
19 (d)(2) to a qualified child care provider, submit a re-
20 port to the Secretary that includes—
21 (A) data on qualified child care providers
22 that applied for subgrants and qualified child
23 care providers that received such subgrants, in-
24 cluding—
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1 (i) the number of such applicants and
2 the number of such recipients;
3 (ii) the number and proportion of such
4 applicants and recipients that received pri-
5 ority and the characteristic or characteris-
6 tics of such applicants and recipients asso-
7 ciated with the priority;
8 (iii) the number and proportion of
9 such applicants and recipients that are—
10 (I) center-based child care pro-
11 viders;
12 (II) family child care providers;
13 (III) group home child care pro-
14 viders; or
15 (IV) other non-center-based child
16 care providers; and
17 (iv) within each of the groups listed in
18 clause (iii), the number of such applicants
19 and recipients that are, on the date of sub-
20 mission of the application—
21 (I) open and available to provide
22 child care services; or
23 (II) closed due to the COVID–19
24 public health emergency;
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1 (B) the total capacity of child care pro-
2 viders that are licensed, regulated, or registered
3 in the State on the date of the submission of the
4 report;
5 (C) a description of—
6 (i) the efforts of the lead agency to pub-
7 licize the availability of subgrants under
8 this section and conduct widespread out-
9 reach to eligible child care providers about
10 such subgrants, including efforts to make
11 materials available in languages other than
12 English;
13 (ii) the lead agency’s methodology for
14 determining amounts of subgrants under
15 subsection (d)(2);
16 (iii) the lead agency’s timeline for dis-
17 bursing the subgrant funds; and
18 (iv) the lead agency’s plan for ensuring
19 that qualified child care providers that re-
20 ceive funding through such a subgrant com-
21 ply with assurances described in subsection
22 (d)(2)(D) and use funds in compliance with
23 subsection (e); and
24 (D) such other limited information as the
25 Secretary may require.
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1 (2) QUARTERLY REPORT.—The lead agency
2 shall, following the submission of such initial report,
3 submit to the Secretary a report that contains the in-
4 formation described in subparagraphs (A), (B), and
5 (D) of paragraph (1) once a quarter until all funds
6 allotted for activities authorized under this section are
7 expended.
8 (3) FINAL REPORT.—Not later than 60 days
9 after a lead agency receiving a grant under this sec-
10 tion has obligated all of the grant funds (including
11 funds received under subsection (h)), the lead agency
12 shall submit a report to the Secretary, in such man-
13 ner as the Secretary may require, that includes—
14 (A) the total number of eligible child care
15 providers who were providing child care services
16 on or before March 1, 2020, in the State and the
17 number of such providers that submitted an ap-
18 plication under subsection (d)(2)(D);
19 (B) the number of qualified child care pro-
20 viders in the State that received funds through
21 the grant;
22 (C) the lead agency’s methodology for deter-
23 mining amounts of subgrants under subsection
24 (d)(2);
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1 (D) the average and range of the subgrant
2 amounts by provider type (center-based child
3 care, family child care, group home child care, or
4 other non-center-based child care provider);
5 (E) the percentages of the child care pro-
6 viders that received such a subgrant, that, on or
7 before March 1, 2020—
8 (i) provided child care during non-
9 traditional hours;
10 (ii) served dual language learners, chil-
11 dren with disabilities, children experiencing
12 homelessness, children in foster care, chil-
13 dren from low-income families, or infants
14 and toddlers;
15 (iii) served a high proportion of chil-
16 dren whose families received subsidies under
17 the Child Care and Development Block
18 Grant Act of 1990 (42 U.S.C. 9857 et seq.)
19 for the child care; and
20 (iv) operated in communities, includ-
21 ing rural communities, with a low supply
22 of child care;
23 (F) the number of children served by the
24 child care providers that received such a
25 subgrant, for the duration of the subgrant;
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1 (G) the percentages, of the child care pro-
2 viders that received such a subgrant, that are—
3 (i) center-based child care providers;
4 (ii) family child care providers;
5 (iii) group home child care providers;
6 or
7 (iv) other non-center-based child care
8 providers;
9 (H) the percentages, of the child care pro-
10 viders listed in subparagraph (G) that are, on
11 the date of submission of the application—
12 (i) open and available to provide child
13 care services; or
14 (ii) closed due to the COVID–19 public
15 health emergency;
16 (I) information about how child care pro-
17 viders used the funds received under such a
18 subgrant;
19 (J) information about how the lead agency
20 used funds reserved under subsection (d)(1); and
21 (K) information about how the subgrants
22 helped to stabilize the child care sector.
23 (4) REPORTS TO CONGRESS.—
24 (A) FINDINGS FROM INITIAL REPORTS.—
25 Not later than 60 days after receiving all reports
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1 required to be submitted under paragraph (1),
2 the Secretary shall provide a report to the Com-
3 mittee on Education and Labor of the House of
4 Representatives, to the Committee on Health,
5 Education, Labor and Pensions of the Senate,
6 and to the Committees on Appropriations of the
7 House of Representatives and the Senate, sum-
8 marizing the findings from the reports received
9 under paragraph (1).
10 (B) FINDINGS FROM FINAL REPORTS.—Not
11 later than 36 months after the date of enactment
12 of this Act, the Secretary shall provide a report
13 to the Committee on Education and Labor of the
14 House of Representatives, to the Committee on
15 Health, Education, Labor and Pensions of the
16 Senate, and to the Committees on Appropria-
17 tions of the House of Representatives and the
18 Senate, summarizing the findings from the re-
19 ports received under paragraph (3).
20 (g) SUPPLEMENT NOT SUPPLANT.—Amounts made
21 available to carry out this section shall be used to supple-
22 ment and not supplant other Federal, State, and local pub-
23 lic funds expended to provide child care services for eligible
24 individuals, including funds provided under the Child Care
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1 and Development Block Grant Act of 1990 (42 U.S.C. 9857
2 et seq.) and State child care programs.
3 (h) REALLOTMENT OF UNOBLIGATED FUNDS.—
4 (1) UNOBLIGATED FUNDS.— A State, Indian
5 tribe, or tribal organization that anticipates being
6 unable to obligate all grant funds received under this
7 section by September 30, 2022 shall notify the Sec-
8 retary, at least 60 days prior to such date, of the
9 amount of funds it anticipates being unable to obli-
10 gate by such date. A State, Indian tribe, or tribal or-
11 ganization shall return to the Secretary any grant
12 funds received under this section that the State, In-
13 dian tribe, or tribal organization does not obligate by
14 September 30, 2022.
15 (2) REALLOTMENT.—The Secretary shall award
16 new allotments and payments, in accordance with
17 subsection (c)(2), to covered States, Indian tribes, or
18 tribal organizations from funds that are returned
19 under paragraph (1) within 60 days of receiving such
20 funds. Funds made available through the new allot-
21 ments and payments shall remain available to each
22 covered State, Indian tribe, or tribal organization
23 until September 30, 2023.
24 (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL
25 ORGANIZATION.—For purposes of paragraph (2), a
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1 covered State, Indian tribe, or tribal organization is
2 a State, Indian tribe, or tribal organization that re-
3 ceived an allotment or payment under this section
4 and was not required to return grant funds under
5 paragraph (1).
6 (i) EXCEPTIONS.—The Child Care and Development
7 Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), excluding
8 requirements in subparagraphs (C) through (E) of section
9 658E(c)(3), section 658G, and section 658J(c) of such Act
10 (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall apply to
11 child care services provided under this section to the extent
12 the application of such Act does not conflict with the provi-
13 sions of this section. Nothing in this Act shall be construed
14 to require a State, Indian tribe, or tribal organization to
15 submit an application, other than the application described
16 in section 658E or 658O(c) of the Child Care and Develop-
17 ment Block Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)),
18 to receive a grant under this Act.
19 (j) APPLICATION.—In carrying out the Child Care and
20 Development Block Grant Act of 1990 with funds other than
21 the funds made available under this heading in this Act,
22 the Secretary shall calculate the amounts of appropriated
23 funds described in subsections (a) and (b) of section 658O
24 of such Act (42 U.S.C. 9858m) by excluding funds made
25 available under this heading in this Act.
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1 CHILDREN AND FAMILIES SERVICES PROGRAMS
2 For an additional amount for ‘‘Children and Families
3 Services Programs’’, $3,700,000,000, to prevent, prepare
4 for, and respond to coronavirus, which shall be used as fol-
5 lows:
6 (1) $1,700,000,000 for making payments under
7 the Head Start Act, including for Federal adminis-
8 trative expenses, and allocated in an amount that
9 bears the same ratio to such portion as the number
10 of enrolled children served by the agency involved
11 bears to the number of enrolled children by all Head
12 Start agencies: Provided, That none of the funds
13 made available in this paragraph shall be included in
14 the calculation of the ‘‘base grant’’ in subsequent fis-
15 cal years, as such term is defined in sections
16 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the
17 Head Start Act: Provided further, That funds made
18 available in this paragraph are not subject to the al-
19 location requirements of section 640(a) of the Head
20 Start Act;
21 (2) $100,000,000 for Family Violence Prevention
22 and Services grants as authorized by section 303(a)
23 and 303(b) of the Family Violence Prevention and
24 Services Act with such funds available to grantees
25 without regard to matching requirements under sec-
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1 tion 306(c)(4) of such Act, of which $2,000,000 shall
2 be for the National Domestic Violence Hotline: Pro-
3 vided, That the Secretary of Health and Human
4 Services may make such funds available for providing
5 temporary housing and assistance to victims of fam-
6 ily, domestic, and dating violence;
7 (3) $75,000,000 for child welfare services as au-
8 thorized by subpart 1 of part B of title IV of the So-
9 cial Security Act (other than sections 426, 427, and
10 429 of such subpart), with such funds available to
11 grantees without regard to matching requirements
12 under section 424(a) of that Act or any applicable re-
13 ductions in Federal financial participation under sec-
14 tion 424(f) of that Act;
15 (4) $225,000,000 for necessary expenses for com-
16 munity-based grants for the prevention of child abuse
17 and neglect under section 209 of the Child Abuse Pre-
18 vention and Treatment Act, which the Secretary shall
19 make without regard to sections 203(b)(1) and 204(4)
20 of such Act;
21 (5) $100,000,000 for necessary expenses for the
22 Child Abuse Prevention and Treatment Act State
23 Grant program as authorized by Section 112 of such
24 Act; and
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1 (6) $1,500,000,000 for necessary expenses for
2 grants to carry out the Low-Income Household Drink-
3 ing Water and Wastewater Assistance program, as de-
4 scribed in section 303 of division U of this Act:
5 Provided, That funds made available under this heading
6 in this Act may be used for the purposes provided herein
7 to reimburse costs incurred between January 20, 2020, and
8 the date of award: Provided further, That such amount is
9 designated by the Congress as being for an emergency re-
10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
11 anced Budget and Emergency Deficit Control Act of 1985.
12 ADMINISTRATION FOR COMMUNITY LIVING
13 AGING AND DISABILITY SERVICES PROGRAMS
14 For an additional amount for ‘‘Aging and Disability
15 Services Programs’’, $1,000,000,000, to prevent, prepare
16 for, and respond to the coronavirus: Provided, That of the
17 amount made available under this heading in this Act,
18 $925,000,000 shall be for activities authorized under the
19 Older Americans Act of 1965 (‘‘OAA’’), including
20 $200,000,000 for supportive services under part B of title
21 III; $480,000,000 for nutrition services under subparts 1
22 and 2 of part C of title III; $20,000,000 for nutrition serv-
23 ices under title VI; $150,000,000 for supportive services for
24 family caregivers under part E of title III; $44,000,000 for
25 evidence-based health promotion and disease prevention
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1 services under part D of title III; $6,000,000 for aging net-
2 work support activities to develop targeted outreach strate-
3 gies to reach particularly at-risk populations, including
4 populations targeted under section 306(a)(4)(A)(i)(l) of
5 such Act; $20,000,000 for elder rights protection activities,
6 including the long-term ombudsman program under title
7 VII; and $5,000,000 shall be for grants to States to support
8 the network of statewide senior legal services, including ex-
9 isting senior legal hotlines, efforts to expand such hotlines
10 to all interested States, and legal assistance to providers,
11 in order to ensure seniors have access to legal assistance,
12 with such fund allotted to States consistent with paragraphs
13 (1) through (3) of section 304(a) of the OAA: Provided fur-
14 ther, That State matching requirements under sections
15 304(d)(1)(D) and 373(g)(2) of the OAA shall not apply to
16 funds made available under this heading: Provided further,
17 That of the amount made available under this heading in
18 this Act, $50,000,000 shall be for activities authorized in
19 the Developmental Disabilities Assistance and Bill of
20 Rights Act of 2000: Provided further, That of the amount
21 made available under this heading in this Act, $25,000,000
22 shall be for activities authorized in the Assistive Technology
23 Act of 2004: Provided further, That of the amount made
24 available in the preceding proviso, $5,000,000 shall be for
25 the purchase of equipment to allow interpreters to provide
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1 appropriate and essential services to the hearing-impaired
2 community: Provided further, That for the purposes of the
3 funding provided in the preceding proviso, during the emer-
4 gency period described in section 1135(g)(1)(B) of the So-
5 cial Security Act, for purposes of section 4(e)(2)(A) of the
6 Assistive Technology Act of 2004, the term ‘‘targeted indi-
7 viduals and entities’’ (as that term is defined in section
8 3(16) of the Assistive Technology Act of 2004) shall be
9 deemed to include American Sign Language certified inter-
10 preters who are providing interpretation services remotely
11 for individuals with disabilities: Provided further, That
12 during such emergency period, for the purposes of the pre-
13 vious two provisos, to facilitate the ability of individuals
14 with disabilities to remain in their homes and practice so-
15 cial distancing, the Secretary shall waive the prohibitions
16 on the use of grant funds for direct payment for an assistive
17 technology device for an individual with a disability under
18 sections 4(e)(2)(A) and 4(e)(5) of such Act: Provided fur-
19 ther, That such amount is designated by the Congress as
20 being for an emergency requirement pursuant to section
21 251(b)(2)(A)(i) of the Balanced Budget and Emergency
22 Deficit Control Act of 1985.
23 For an additional amount for ‘‘Aging and Disability
24 Services Programs’’, $175,000,000, to prevent, prepare for,
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1 and respond to the coronavirus, which shall be used as fol-
2 lows:
3 (1) $5,000,000 for elder abuse, neglect, and ex-
4 ploitation forensic centers, as authorized by section
5 2031(f) of the Social Security Act (42 U.S.C.
6 1397l(f));
7 (2) $14,000,000 for grants for long-term care
8 staffing and technology, as authorized by section
9 2041(d) of the Social Security Act (42 U.S.C.
10 1397m(d));
11 (3) $123,000,000 for adult protective services
12 functions and grants, as authorized by sections
13 2042(a)(2), 2042(b)(5), and 2042(c)(6) of the Social
14 Security Act (42 U.S.C. 1397m—1);
15 (4) $18,000,000 for long-term care ombudsman
16 program grants and training, as authorized by sec-
17 tions 2043(a)(2) and 2043(b)(2) of the Social Secu-
18 rity Act (42 U.S.C. 1397m—2);
19 (5) $14,000,000 for investigation systems and
20 training, as authorized by sections 6703(b)(1)(C) and
21 6703(b)(2)(C) of the Patient Protection and Afford-
22 able Care Act (42 U.S.C. 1395i—3a(b)); and
23 (6) $1,000,000 for assessment reports, as author-
24 ized by section 207 of division J of this Act:
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1 Provided, That such amount is designated by the Congress
2 as being for an emergency requirement pursuant to section
3 251(b)(2)(A)(i) of the Balanced Budget and Emergency
4 Deficit Control Act of 1985.
5 OFFICE OF THE SECRETARY
6 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
7 For an additional amount for ‘‘Public Health and So-
8 cial Services Emergency Fund’’, $21,025,000,000, to pre-
9 vent, prepare for, and respond to coronavirus, domestically
10 or internationally, including the development of necessary
11 countermeasures and vaccines, prioritizing platform-based
12 technologies with U.S.-based manufacturing capabilities,
13 the purchase of vaccines, therapeutics, diagnostics, nec-
14 essary medical supplies, as well as medical surge capacity,
15 addressing blood supply chain, workforce modernization,
16 telehealth access and infrastructure, initial advanced man-
17 ufacturing, novel dispensing, enhancements to the U.S.
18 Commissioned Corps, and other preparedness and response
19 activities: Provided, That funds appropriated under this
20 paragraph in this Act may be used to develop and dem-
21 onstrate innovations and enhancements to manufacturing
22 platforms to support such capabilities: Provided further,
23 That the Secretary of Health and Human Services shall
24 purchase vaccines developed using funds made available
25 under this paragraph in this Act to respond to an outbreak
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1 or pandemic related to coronavirus in quantities deter-
2 mined by the Secretary to be adequate to address the public
3 health need: Provided further, That products purchased by
4 the Federal government with funds made available under
5 this paragraph in this Act, including vaccines, therapeutics,
6 and diagnostics, shall be purchased in accordance with Fed-
7 eral Acquisition Regulation guidance on fair and reason-
8 able pricing: Provided further, That the Secretary may take
9 such measures authorized under current law to ensure that
10 vaccines, therapeutics, and diagnostics developed from
11 funds provided in this Act will be affordable in the commer-
12 cial market: Provided further, That in carrying out the pre-
13 vious proviso, the Secretary shall not take actions that delay
14 the development of such products: Provided further, That
15 products purchased with funds appropriated under this
16 paragraph in this Act may, at the discretion of the Sec-
17 retary of Health and Human Services, be deposited in the
18 Strategic National Stockpile under section 319F–2 of the
19 Public Health Service Act: Provided further, That funds ap-
20 propriated under this paragraph in this Act may be trans-
21 ferred to, and merged with, the fund authorized by section
22 319F–4, the Covered Countermeasure Process Fund, of the
23 Public Health Service Act: Provided further, That of the
24 amount made available under this paragraph in this Act,
25 $20,000,000,000 shall be available to the Biomedical Ad-
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1 vanced Research and Development Authority for necessary
2 expenses of advanced research, development, manufacturing,
3 production, and purchase of vaccines, therapeutics, and an-
4 cillary medical products to prevent the spread of SARS-
5 CoV-2 and COVID-19, as described in section 702 of divi-
6 sion K of this Act: Provided further, That of the amount
7 made available under this paragraph in this Act,
8 $500,000,000 shall be available to the Biomedical Advanced
9 Research and Development Authority for the construction,
10 renovation, or equipping of U.S.-based next generation
11 manufacturing facilities, other than facilities owned by the
12 United States Government: Provided further, That of the
13 amount made available under this paragraph in this Act,
14 $500,000,000 shall be available to the Biomedical Advanced
15 Research and Development Authority to promote innova-
16 tion in antibacterial research and development: Provided
17 further, That funds made available under this paragraph
18 in this Act may be used for grants for the rent, lease, pur-
19 chase, acquisition, construction, alteration, or renovation of
20 non-Federally owned facilities to improve preparedness and
21 response capability at the State and local level: Provided
22 further, That funds appropriated under this paragraph in
23 this Act may be used for the construction, alteration, ren-
24 ovation or equipping of non-Federally owned facilities for
25 the production of vaccines, therapeutics, diagnostics, and
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1 medicines and other items purchased under section 319F–
2 2(a) of the Public Health Service Act where the Secretary
3 determines that such a contract is necessary to assure suffi-
4 cient domestic production of such supplies: Provided fur-
5 ther, That all construction, alteration, or renovation work,
6 carried out, in whole or in part, with fund appropriated
7 under this heading in this Act, the CARES Act (P.L. 116–
8 136), or the Paycheck Protection Program and Health Care
9 Enhancement Act (P.L. 116–139), shall be subject to the
10 requirements of 42 U.S.C. 300s-1(b)(1)(I): Provided further,
11 That not later than seven days after the date of enactment
12 of this Act, and weekly thereafter until the public health
13 emergency related to coronavirus is no longer in effect, the
14 Secretary shall report to the Committees on Appropriations
15 of the House of Representatives and the Senate on the cur-
16 rent inventory of ventilators and personal protective equip-
17 ment in the Strategic National Stockpile, including the
18 numbers of face shields, gloves, goggles and glasses, gowns,
19 head covers, masks, and respirators, as well as deployment
20 of ventilators and personal protective equipment during the
21 previous week, reported by state and other jurisdiction: Pro-
22 vided further, That not later than the first Monday in Feb-
23 ruary of fiscal year 2021 and each fiscal year thereafter,
24 the Secretary shall include in the annual budget submission
25 for the Department, and submit to the Congress, the Sec-
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1 retary’s request with respect to expenditures necessary to
2 maintain the minimum level of relevant supplies in the
3 Strategic National Stockpile, including in case of a signifi-
4 cant pandemic, in consultation with the working group
5 under section 319F(a) of the Public Health Service Act and
6 the Public Health Emergency Medical Countermeasures
7 Enterprise established under section 2811–1 of such Act:
8 Provided further, That such amount is designated by the
9 Congress as being for an emergency requirement pursuant
10 to section 251(b)(2)(A)(i) of the Balanced Budget and
11 Emergency Deficit Control Act of 1985.
12 For an additional amount for ‘‘Public Health and So-
13 cial Services Emergency Fund’’, $50,000,000,000, to re-
14 main available until expended, to prevent, prepare for, and
15 respond to coronavirus, for necessary expenses to make pay-
16 ments under the Health Care Provider Relief Fund as de-
17 scribed in section 611 of division K of this Act: Provided,
18 That such amount is designated by the Congress as being
19 for an emergency requirement pursuant to section
20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
22 For an additional amount for ‘‘Public Health and So-
23 cial Services Emergency Fund’’, $75,000,000,000, to re-
24 main available until expended, to prevent, prepare for, and
25 respond to coronavirus, for necessary expenses to carry out
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1 the COVID–19 National Testing and Contact Tracing Ini-
2 tiative, as described in subtitle D of title V of division K
3 of this Act: Provided, That such amount is designated by
4 the Congress as being for an emergency requirement pursu-
5 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
6 Emergency Deficit Control Act of 1985.
7 DEPARTMENT OF EDUCATION
8 STATE FISCAL STABILIZATION FUND
9 For an additional amount for ‘‘State Fiscal Stabiliza-
10 tion Fund’’, $208,058,000,000, to prevent, prepare for, and
11 respond to coronavirus: Provided, That the Secretary of
12 Education (referred to under this heading as ‘‘Secretary’’)
13 shall make grants to the Governor of each State for support
14 of elementary, secondary, and postsecondary education and,
15 as applicable, early childhood education programs and serv-
16 ices: Provided further, That of the amount made available,
17 the Secretary shall first allocate up to one-half of 1 percent
18 to the outlying areas and one-half of 1 percent to the Bu-
19 reau of Indian Education (‘‘BIE’’) for BIE-funded schools
20 and Tribal Colleges or Universities for activities consistent
21 with this heading under such terms and conditions as the
22 Secretary may determine and in consultation with the Sec-
23 retary of the Interior: Provided further, That the Secretary
24 may reserve up to $30,000,000 for administration and over-
25 sight of the activities under this heading: Provided further,
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1 That the Secretary shall allocate 61 percent of the remain-
2 ing funds made available to carry out this heading to the
3 States on the basis of their relative population of individ-
4 uals aged 5 through 24 and allocate 39 percent on the basis
5 of their relative number of children counted under section
6 1124(c) of the Elementary and Secondary Education Act
7 of 1965 (referred to under this heading as ‘‘ESEA’’) as
8 State grants: Provided further, That State grants shall sup-
9 port statewide elementary, secondary, and postsecondary
10 activities; subgrants to local educational agencies; and, sub-
11 grants to public institutions of higher education: Provided
12 further, That States shall allocate 85 percent of the funds
13 received under the fourth proviso as subgrants to local edu-
14 cational agencies in proportion to the amount of funds such
15 local educational agencies received under part A of title I
16 of the ESEA in the most recent fiscal year: Provided fur-
17 ther, That subgrants provided under the preceding proviso
18 shall be administered by State educational agencies: Pro-
19 vided further, That States shall allocate 13 percent of the
20 funds received under the fourth proviso as subgrants to pub-
21 lic institutions of higher education, of which 75 percent
22 shall be apportioned according to the relative share in the
23 State of students who received Pell Grants who are not ex-
24 clusively enrolled in distance education courses prior to the
25 coronavirus emergency at the institution in the previous
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1 award year and 25 percent shall be apportioned according
2 to the relative share in the State of the total enrollment of
3 students at the institution who are not exclusively enrolled
4 in distance education courses prior to the coronavirus emer-
5 gency at the institution in the previous award year: Pro-
6 vided further, That the Governor may use any funds re-
7 ceived under the fourth proviso that are not specifically re-
8 served under this heading for additional support to elemen-
9 tary, secondary, and postsecondary education, including
10 supports for under-resourced institutions, institutions with
11 high burden due to the coronavirus, and institutions who
12 did not possess distance education capabilities prior to the
13 coronavirus emergency: Provided further, That the Gov-
14 ernor shall return to the Secretary any funds received that
15 the Governor does not award to local educational agencies
16 and public institutions of higher education or otherwise
17 commit within two years of receiving such funds, and the
18 Secretary shall reallocate such funds to the remaining
19 States in accordance with the fourth proviso: Provided fur-
20 ther, That Governors shall use State grants and subgrants
21 to maintain or restore State and local fiscal support for
22 elementary, secondary and postsecondary education: Pro-
23 vided further, That funds for local educational agencies
24 may be used for any activity authorized by the ESEA, in-
25 cluding the Native Hawaiian Education Act and the Alaska
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1 Native Educational Equity, Support, and Assistance Act,
2 the Individuals with Disabilities Education Act (‘‘IDEA’’),
3 subtitle B of title VII of the McKinney-Vento Homeless As-
4 sistance Act, the Adult Education and Family Literacy Act
5 or the Carl D. Perkins Career and Technical Education Act
6 of 2006 (‘‘the Perkins Act’’): Provided further, That a State
7 or local educational agency receiving funds under this head-
8 ing may use the funds for activities coordinated with State,
9 local, tribal, and territorial public health departments to
10 detect, prevent, or mitigate the spread of infectious disease
11 or otherwise respond to coronavirus; support online learn-
12 ing by purchasing educational technology and internet ac-
13 cess for students, which may include assistive technology or
14 adaptive equipment, that aids in regular and substantive
15 educational interactions between students and their class-
16 room instructor; provide ongoing professional development
17 to staff in how to effectively provide quality online aca-
18 demic instruction; provide assistance for children and fami-
19 lies to promote equitable participation in quality online
20 learning; plan and implement activities related to supple-
21 mental afterschool programs and summer learning, includ-
22 ing providing classroom instruction or quality online learn-
23 ing during the summer months; plan for and coordinate
24 during long-term closures, provide technology for quality
25 online learning to all students, and how to support the
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1 needs of low-income students, racial and ethnic minorities,
2 students with disabilities, English learners (including
3 through such activities as are authorized under Title III
4 of the ESEA, such as ensuring the access of English learners
5 to online learning, supporting professional development on
6 digital instruction for English learners, engagement with
7 the parents of English learners, expanded summer and
8 after-school programs, and mental health supports), stu-
9 dents experiencing homelessness, and children in foster care,
10 including how to address learning gaps that are created or
11 exacerbated due to long-term closures; support the con-
12 tinuity of student engagement through social and emotional
13 learning; and other activities that are necessary to main-
14 tain the operation of and continuity of services in local edu-
15 cational agencies, including maintaining employment of
16 existing personnel, and reimbursement for eligible costs in-
17 curred during the national emergency: Provided further,
18 That a public institution of higher education that receives
19 funds under this heading shall use funds for education and
20 general expenditures (including defraying expenses due to
21 lost revenue, reimbursement for expenses already incurred,
22 and payroll) and grants to students for expenses directly
23 related to coronavirus and the disruption of campus oper-
24 ations (which may include emergency financial aid to stu-
25 dents for tuition, food, housing, technology, health care, and
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1 child care costs that shall not be required to be repaid by
2 such students) or for the acquisition of technology and serv-
3 ices directly related to the need for distance education and
4 the training of faculty and staff to use such technology and
5 services (which shall not include payment to contractors for
6 the provision of pre-enrollment recruitment activities): Pro-
7 vided further, That an institution of higher education may
8 not use funds received under this heading to increase its
9 endowment or provide funding for capital outlays associ-
10 ated with facilities related to athletics, sectarian instruc-
11 tion, or religious worship: Provided further, That funds
12 may be used to support hourly workers, such as education
13 support professionals, classified school employees, and ad-
14 junct and contingent faculty: Provided further, That a Gov-
15 ernor of a State desiring to receive an allocation under this
16 heading shall submit an application at such time, in such
17 manner, and containing such information as the Secretary
18 may reasonably require: Provided further, That the Sec-
19 retary shall issue a notice inviting applications not later
20 than 15 days after the date of enactment of this Act: Pro-
21 vided further, That any State receiving funding under this
22 heading shall maintain its percent of total spending on ele-
23 mentary, secondary, and postsecondary education in fiscal
24 year 2019 for fiscal years 2020, 2021, and 2022: Provided
25 further, That a State’s application shall include assurances
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1 that the State will maintain support for elementary and
2 secondary education in fiscal year 2020, fiscal year 2021,
3 and fiscal year 2022 at least at the level of such support
4 that is the average of such State’s support for elementary
5 and secondary education in the 3 fiscal years preceding the
6 fiscal year for which State support for elementary and sec-
7 ondary education is provided: Provided further, That any
8 State receiving funding under this heading shall maintain
9 or exceed its per pupil spending on elementary and sec-
10 ondary education in fiscal year 2019 or the proportion of
11 such State’s spending on elementary and secondary edu-
12 cation in fiscal year 2019 for fiscal years 2020, 2021, and
13 2022: Provided further, That a State educational agency
14 shall only be eligible to receive funds under this Act if the
15 State in which such agency is located, in either of fiscal
16 years 2021 and 2022, does not reduce State funding for a
17 high-need local educational agency (defined as a local edu-
18 cational agency that has a higher percentage of economi-
19 cally disadvantaged students than the median local edu-
20 cational agency in the state) such that the per-pupil reduc-
21 tion in State funds in each such high-need local educational
22 agency is more than the overall per-pupil reduction in State
23 funds, as calculated by the total reduction in State funds
24 provided to all local educational agencies in the State di-
25 vided by the total student enrollment across all local edu-
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1 cational agencies in the State: Provided further, That a
2 State’s application shall include assurances that the State
3 will maintain State support for higher education (not in-
4 cluding support for capital projects or for research and de-
5 velopment or tuition and fees paid by students) in fiscal
6 year 2020, fiscal year 2021, and fiscal year 2022 at least
7 at the level of such support that is the average of such
8 State’s support for higher education (which shall include
9 State and local government funding to institutions of higher
10 education and state financial aid) in the 3 fiscal years pre-
11 ceding the fiscal year for which State support for higher
12 education is provided, and that any such State’s support
13 for higher education funding, as calculated as spending for
14 public higher education per full-time equivalent student,
15 shall be at least the same in fiscal year 2022 as it was
16 in fiscal year 2019: Provided further, That in such applica-
17 tion, the Governor shall provide baseline data that dem-
18 onstrates the State’s current status in each of the areas de-
19 scribed in such assurances in the preceding provisos: Pro-
20 vided further, That a State’s application shall include as-
21 surances that the State will not construe any provisions
22 under this heading as displacing any otherwise applicable
23 provision of any collective-bargaining agreement between
24 an eligible entity and a labor organization as defined by
25 section 2(5) of the National Labor Relations Act (29 U.S.C.
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1 152(5)) or analogous State law: Provided further, That a
2 State’s application shall include assurances that the State
3 shall maintain the wages, benefits, and other terms and con-
4 ditions of employment set forth in any collective-bargaining
5 agreement between the eligible entity and a labor organiza-
6 tion, as defined in the preceding proviso: Provided further,
7 That a State’s application shall include assurances that all
8 students with disabilities (as defined by section 602 of
9 IDEA) are afforded their full rights under IDEA, including
10 all rights and services outlined in individualized education
11 programs (‘‘IEPs’’) (as defined in section 614(d) of IDEA),
12 individualized family services plans (as defined by section
13 636 of IDEA), and in section 504 of the Rehabilitation Act
14 of 1973: Provided further, That a State receiving funds
15 under this heading shall submit a report to the Secretary,
16 at such time and in such manner as the Secretary may
17 require, that describes the use of funds provided under this
18 heading: Provided further, That no recipient of funds under
19 this heading shall use funds to provide financial assistance
20 to students to attend private elementary or secondary
21 schools, unless such funds are used to provide special edu-
22 cation and related services to children with disabilities
23 whose IEPs require such placement, and where the school
24 district maintains responsibility for providing such chil-
25 dren a free appropriate public education, as authorized by
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1 IDEA: Provided further, That a local educational agency,
2 State, institution of higher education, or other entity that
3 receives funds under ‘‘State Fiscal Stabilization Fund’’,
4 shall to the greatest extent practicable, continue to pay its
5 employees and contractors during the period of any disrup-
6 tions or closures related to coronavirus: Provided further,
7 That the terms ‘‘elementary education’’ and ‘‘secondary
8 education’’ have the meaning given such terms under State
9 law: Provided further, That the term ‘‘institution of higher
10 education’’ has the meaning given such term in section 101
11 of the Higher Education Act of 1965: Provided further, That
12 the term ‘‘fiscal year’’ shall have the meaning given such
13 term under State law: Provided further, That the term
14 ‘‘State’’ means each of the 50 States, the District of Colum-
15 bia, and the Commonwealth of Puerto Rico: Provided fur-
16 ther, That such amount is designated by the Congress as
17 being for an emergency requirement pursuant to section
18 251(b)(2)(A)(i) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY
21 FACILITIES AID
22 For an additional amount for ‘‘Elementary and Sec-
23 ondary School Emergency Facilities Aid’’, $5,000,000,000
24 to prevent, prepare for, and respond to coronavirus: Pro-
25 vided, That such amount is designated by the Congress as
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1 being for an emergency requirement pursuant to section
2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4 ADMINISTRATIVE PROVISION—ELEMENTARY AND
5 SECONDARY SCHOOL EMERGENCY FACILITIES AID
6 SEC. 804. (a)(1) GRANTS.—From the amount made
7 available under this heading in this Act, the Secretary shall
8 make elementary and secondary school emergency facilities
9 grants to each State educational agency with an approved
10 application. The Secretary shall issue a notice inviting ap-
11 plications not later than 30 days of enactment of this Act
12 and approve or deny applications not later than 30 days
13 after receipt.
14 (2) For purposes of this section, a State des-
15 ignated agency shall mean the State educational
16 agency, unless the Governor of a State designates a
17 State agency other than the educational agency as re-
18 sponsible for school facilities improvement under this
19 section and informs the Secretary of such designation
20 and the term ‘‘State’’ means each of the 50 States, the
21 District of Columbia, and the Commonwealth of Puer-
22 to Rico .
23 (b)(1) ALLOCATIONS TO STATES.—The amount of each
24 grant under subsection (a) shall be allocated by the Sec-
25 retary to each State in the same proportion as each State
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1 received under part A of title I of the ESEA of 1965 in
2 the most recent fiscal year.
3 (2) STATE RESERVATION.—A State may reserve
4 not more than 1⁄2 of 1 percent for administration
5 costs.
6 (3) RESERVATION FOR OUTLYING AREAS AND BU-
7 REAU OF INDIAN EDUCATION-FUNDED SCHOOLS.—The
8 Secretary shall reserve from the amount made avail-
9 able under this heading in this Act—
10 (A) one-half of 1 percent, to provide assist-
11 ance to the outlying areas; and
12 (B) one-half of 1 percent, for payments to
13 the Secretary of the Interior to provide assist-
14 ance to Bureau of Indian Education-funded
15 schools.
16 (c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
17 Within 60 days of the State’s approved application under
18 paragraph (a), each State shall allocate the remaining
19 grant funds awarded to the State under this section as sub-
20 grants to local educational agencies in the State, with the
21 grant funds allocated to the local educational agencies with
22 the highest percentages of students eligible for a free or re-
23 duced price lunch under the Richard B. Russell National
24 School Lunch Act (42. U.S.C. 1751 et. seq.) with the public
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1 school facilities with the highest needs related to the
2 coronavirus as determined by the State.
3 (1) PUBLIC NOTICE.—The State educational
4 agency shall make subgrant information available to
5 the public on the State educational agency website,
6 including the local educational agencies that received
7 subgrant awards and the amounts provided to each
8 local educational agency.
9 (2) SUBGRANT APPLICATIONS.—To be considered
10 for a subgrant under this section, a qualified local
11 educational agency shall submit an application to the
12 State educational agency that shall include at min-
13 imum—
14 (A) a description of the coronavirus-related
15 school facility needs within the local educational
16 agency; and
17 (B) an estimate of how much addressing the
18 coronavirus-related facility needs will cost.
19 (d) USES OF FUNDS.—A local educational agency that
20 receives funds under this section may use the funds for any
21 of the following:
22 (1) School facility repairs and improvements to
23 enable operation of schools to reduce risk of virus
24 transmission and exposure to environmental health
25 hazards, and to support student health needs.
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1 (2) Inspection, testing, maintenance, repair, re-
2 placement, and upgrade projects to improve the in-
3 door air quality in school facilities, including me-
4 chanical and non-mechanical heating, ventilation,
5 and air conditioning systems, filtering, purification
6 and other air cleaning, fans, control systems, and
7 window and door repair and replacement.
8 (3) School facility repairs and improvements to
9 support improved personal hygiene, such as repair,
10 replacement, and installation of sinks for hand wash-
11 ing and touchless water dispensers for drinking, and
12 health isolation areas.
13 (4) Inspection, testing, maintenance, repair, and
14 replacement of school facility potable water systems to
15 provide safe drinking water after prolonged shutoffs.
16 (5) Improvements to finishes, such as painting
17 and other surface repair, needed to enable effective
18 sanitizing.
19 (6) Improvements to school grounds needed to en-
20 able outdoor instruction and other physically
21 distanced school activities.
22 (7) Training of school facility staff in associa-
23 tion with the above uses of funds.
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1 (8) Planning, assessment, management, design,
2 renovation, repair and construction activities in asso-
3 ciation with the above uses of funds.
4 (9) Inspection, testing, maintenance, repair, re-
5 placement, and upgrade projects to electrical systems
6 to allow or improve information technology to provide
7 virtual education.
8 (e) PRIORITY.—A local educational agency that re-
9 ceives funds under this section shall prioritize funds for its
10 school facilities that have the most significant facility im-
11 provement needs with respect to responding to covid-19, in-
12 cluding those identified by the Centers for Disease Control
13 and Prevention.
14 (f) REPORTING.—(1) The local educational agency
15 shall include the following information in a report to the
16 State educational agency within 60 days of receipt of grant
17 funds—
18 (A) which schools benefitted from the funds in
19 this section;
20 (B) how much funding each selected school re-
21 ceived; and
22 (C) a description of how the grant funds were
23 used.
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1 (2) The State educational agency shall include the fol-
2 lowing information in a report to the Secretary within 6
3 months of receipt of grant funds—
4 (A) which local educational agencies received
5 funding;
6 (B) how much funding was awarded to each re-
7 ceiving local educational agency; and
8 (C) a summary on the uses of funds for projects
9 receiving funds under this section, including the
10 amount of local or state funds, if any, applied to
11 projects.
12 (3) The Secretary shall prepare and submit a report
13 to the Committees on Appropriations of the House of Rep-
14 resentatives and the Senate, the Committee on Education
15 and Labor of the House of Representatives, and the Com-
16 mittee on Health, Education, Labor and Pensions of the
17 Senate within 10 months of the date of enactment of this
18 Act, that includes a summary of the types of projects that
19 were funded with the grants.
20 HIGHER EDUCATION
21 For an additional amount for ‘‘Higher Education’’,
22 $11,942,000,000 to prevent, prepare for, and respond to
23 coronavirus, of which $11,000,000 shall be transferred to
24 ‘‘National Technical Institute for the Deaf’’ to help defray
25 expenses (which may include lost revenue, reimbursement
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1 for expenses already incurred, technology costs associated
2 with a transition to distance education, sign language and
3 captioning costs associated with a transition to distance
4 education, faculty and staff trainings, and payroll) directly
5 caused by coronavirus and to enable emergency financial
6 aid to students for expenses directly related to coronavirus
7 and the disruption of university operations (which may in-
8 clude food, housing, transportation, technology, health care,
9 and child care), of which $20,000,000 shall be transferred
10 to ‘‘Howard University’’ to help defray expenses (which
11 may include lost revenue, reimbursement for expenses al-
12 ready incurred, technology costs associated with a transi-
13 tion to distance education, technology costs associated with
14 a transition to distance education, faculty and staff
15 trainings, and payroll) directly related to coronavirus and
16 to enable grants to students for expenses directly related to
17 coronavirus and the disruption of university operations
18 (which may include food, housing, transportation, tech-
19 nology, health care, and child care), of which $11,000,000
20 shall be transferred to ‘‘Gallaudet University’’ to help de-
21 fray expenses (which may include lost revenue, reimburse-
22 ment for expenses already incurred, technology costs associ-
23 ated with a transition to distance education, sign language
24 and captioning costs associated with a transition to dis-
25 tance education, faculty and staff trainings, and payroll)
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1 directly related to coronavirus and to enable grants to stu-
2 dents for expenses directly related to coronavirus and the
3 disruption of university operations (which may include
4 food, housing, transportation, technology, health care, and
5 child care), and of which the remaining amounts shall be
6 used to carry out parts A and B of title III, parts A and
7 B of title V, subpart 4 of part A of title VII, and part B
8 of title VII of the Higher Education Act of 1965 (‘‘HEA’’)
9 as follows:
10 (1) $3,500,000,000 for parts A and B of title III,
11 parts A and B of title V, and subpart 4 of part A
12 of title VII of the HEA to address needs directly re-
13 lated to coronavirus: Provided, That such amount
14 shall be allocated by the Secretary proportionally to
15 such programs covered under this paragraph and
16 based on the relative share of funding appropriated to
17 such programs in the Further Consolidated Appro-
18 priations Act, 2020 (Public Law 116–94) and distrib-
19 uted to institutions of higher education as follows:
20 (A) Except as otherwise provided in sub-
21 paragraph (B), for eligible institutions under
22 part B of title III and subpart 4 of part A of
23 title VII of the Higher Education Act, the Sec-
24 retary shall allot to each eligible institution an
25 amount using the following formula:
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1 (i) 70 percent according to a ratio
2 equivalent to the number of Pell Grant re-
3 cipients in attendance at such institution at
4 the end of the school year preceding the be-
5 ginning of that fiscal year and the total
6 number of Pell Grant recipients at all such
7 institutions;
8 (ii) 20 percent according to a ratio
9 equivalent to the total number of students
10 enrolled at such institution at the end of the
11 school year preceding the beginning of that
12 fiscal year and the number of students en-
13 rolled at all such institutions; and
14 (iii) 10 percent according to a ratio
15 equivalent to the total endowment size at all
16 eligible institutions at the end of the school
17 year preceding the beginning of that fiscal
18 year and the total endowment size at such
19 institutions;
20 (B) For eligible institutions under section
21 326 of the Higher Education Act, the Secretary
22 shall allot to each eligible institution an amount
23 in proportion to the award received from fund-
24 ing for such institutions in the Further Consoli-
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1 dated Appropriations Act, 2020 (Public Law
2 116–94);
3 (C) For eligible institutions under section
4 316 of the Higher Education Act, the Secretary
5 shall allot funding according to the formula in
6 section 316(d)(3) of the Higher Education Act;
7 (D) Notwithstanding section 318(f) of the
8 Higher Education Act, for eligible institutions
9 under section 318 of the Higher Education Act,
10 the Secretary shall allot funding according to the
11 formula in section 318(e) of the Higher Edu-
12 cation Act;
13 (E) Except as provided in subparagraphs
14 (C) and (D), for eligible institutions under part
15 A of title III of the Higher Education Act and
16 parts A and B of title V, the Secretary shall
17 issue an application for eligible institutions to
18 demonstrate unmet need, and the Secretary shall
19 allow eligible institutions to apply for funds
20 under one of the programs for which they are eli-
21 gible.
22 (2) $8,400,000,000 for part B of title VII of the
23 HEA for institutions of higher education (as defined
24 in section 101 or 102(c) of the HEA) to address needs
25 directly related to coronavirus as follows:
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1 (A) $7,000,000,000 shall be provided to pri-
2 vate, nonprofit institutions of higher education,
3 by apportioning—
4 (i) 75 percent according to the relative
5 share of enrollment of Federal Pell Grant
6 recipients who are not exclusively enrolled
7 in distance education courses prior to the
8 coronavirus emergency; and
9 (ii) 25 percent according to the relative
10 share of the total enrollment of students who
11 were not Federal Pell Grant recipients who
12 are not exclusively enrolled in distance edu-
13 cation courses prior to the coronavirus
14 emergency.
15 (B) $1,400,000,000 shall be for institutions
16 of higher education with unmet need related to
17 the coronavirus, including institutions of higher
18 education that offer their courses and programs
19 exclusively through distance education:
20 Provided, That funds shall be used to make payments to
21 such institutions to provide emergency grants to students
22 who attended such institutions at any point during the
23 coronavirus emergency and for any component of the stu-
24 dent’s cost of attendance (as defined under section 472 of
25 the HEA), including tuition, food, housing, course mate-
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1 rials, technology, health care, and child care): Provided fur-
2 ther, That institutions of higher education may use such
3 funds to defray expenses (including lost revenue, reimburse-
4 ment for expenses already incurred, technology costs associ-
5 ated with a transition to distance education, faculty and
6 staff trainings, and payroll) incurred by institutions of
7 higher education: Provided further, That such payments
8 shall not be used to increase endowments, to pay contractors
9 for the provision of pre-enrollment recruitment activities,
10 or provide funding for capital outlays associated with fa-
11 cilities related to athletics, sectarian instruction, or reli-
12 gious worship: Provided further, That any private, non-
13 profit institution of higher education that is not otherwise
14 eligible for a grant of at least $1,000,000 under paragraph
15 (2)(A)(ii) of this heading and has a total enrollment of at
16 least 500 students shall be eligible to receive, from amounts
17 reserved under paragraph (2)(A)(i), an amount equal to
18 whichever is the lesser of the total loss of revenue and in-
19 creased costs associated with the coronavirus or $1,000,000:
20 Provided further, That of the funds provided under para-
21 graph 2(B), the Secretary shall make an application avail-
22 able for institutions of higher education to demonstrate
23 unmet need, which shall include for this purpose a dramatic
24 decline in revenue as a result of campus closure, exceptional
25 costs or challenges implementing distance education plat-
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1 forms due to lack of a technological infrastructure, serving
2 a large percentage of students who lack access to adequate
3 technology to move to distance education, serving a region
4 or community that has been especially impacted by in-
5 creased unemployment and displaced workers, serving com-
6 munities or regions where the number of coronavirus cases
7 has imposed exceptional costs on the institution, and other
8 criteria that the Secretary shall identify after consultation
9 with institutions of higher education or their representa-
10 tives: Provided further, That no institution may receive an
11 award under the preceding proviso unless it has submitted
12 an application that describes the impact of the coronavirus
13 on the institution and the ways that the institution will
14 use the funds to ameliorate such impact: Provided further,
15 That the Secretary shall reallocate any funds received from
16 an institution to remaining institutions in accordance with
17 paragraph 2(A): Provided further, That the Secretary shall
18 brief the Committees on Appropriations fifteen days in ad-
19 vance of making any application available for funds under
20 paragraph (2)(B): Provided further, That such amount is
21 designated by the Congress as being for an emergency re-
22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
23 anced Budget and Emergency Deficit Control Act of 1985.
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1 INSTITUTE OF EDUCATION SCIENCES
2 For an additional amount for ‘‘Institute of Education
3 Sciences’’, $32,000,000 to prevent, prepare for, and respond
4 to coronavirus for carrying out the National Assessment of
5 Educational Progress Authorization Act (title III of Public
6 Law 107–279): Provided, That such amount is designated
7 by the Congress as being for an emergency requirement pur-
8 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 DEPARTMENTAL MANAGEMENT
11 OFFICE OF INSPECTOR GENERAL
12 For an additional amount for ‘‘Office of Inspector
13 General’’, $7,000,000, to remain available until expended,
14 to prevent, prepare for, and respond to coronavirus, includ-
15 ing for salaries and expenses necessary for oversight, inves-
16 tigations and audits of programs, grants, and projects fund-
17 ed in this Act to respond to coronavirus: Provided, That
18 such amount is designated by the Congress as being for an
19 emergency requirement pursuant to section 251(b)(2)(A)(i)
20 of the Balanced Budget and Emergency Deficit Control Act
21 of 1985.
22 GENERAL PROVISIONS—DEPARTMENT OF EDUCATION
23 SEC. 805. The remaining unobligated balances of funds
24 made available to ‘‘Department of Education—Office of In-
25 spector General’’ in title VIII of division B of the CARES
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1 Act (Public Law 116–136) are hereby rescinded, and an
2 amount of additional new budget authority equivalent to
3 the amount rescinded is hereby appropriated, for an addi-
4 tional amount for fiscal year 2021, to remain available
5 until expended, for the same purposes and under the same
6 authorities as they were originally appropriated, and shall
7 be in addition to any other funds available for such pur-
8 poses: Provided, That the amounts appropriated by this sec-
9 tion may also be used for investigations and are available
10 until expended: Provided further, That amounts rescinded
11 pursuant to this section that were previously designated by
12 the Congress as an emergency requirement pursuant to the
13 Balanced Budget and Emergency Deficit Control Act of
14 1985 are designated by the Congress as being for an emer-
15 gency requirement pursuant to section 251(b)(2)(A)(i) of
16 the Balanced Budget and Emergency Deficit Control Act
17 of 1985: Provided further, That such amount is designated
18 by the Congress as being for an emergency requirement pur-
19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 SEC. 806. Section 18004(c) of the Coronavirus Aid,
22 Relief, and Economic Security Act (P.L. 116–136) is
23 amended by striking ‘‘to cover any costs associated with sig-
24 nificant changes to the delivery of instruction due to the
25 coronavirus’’ and inserting ‘‘to defray expenses (including
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1 lost revenue, reimbursement for expenses already incurred,
2 technology costs associated with a transition to distance
3 education, faculty and staff trainings, payroll) incurred by
4 institutions of higher education.’’: Provided, That amounts
5 repurposed pursuant to the amendment made by this sec-
6 tion that were previously designated by the Congress as an
7 emergency requirement pursuant to the Balanced Budget
8 and Emergency Deficit Control Act of 1985 are designated
9 by the Congress as an emergency requirement pursuant to
10 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
11 gency Deficit Control Act of 1985.
12 SEC. 807. With respect to the allocation and award
13 of funds under this title, the Secretary of Education is pro-
14 hibited from—
15 (a) establishing a priority or preference not specified
16 in this title; and
17 (b) imposing limits on the use of such funds not speci-
18 fied in this title.
19 SEC. 808. (a) LOCAL ACTIVITIES AND IN-PERSON
20 CARE.—Notwithstanding each provision in part B of title
21 IV of the Elementary and Secondary Education Act of 1965
22 (20 U.S.C. 7171 et seq.) that requires activities under such
23 part to be carried out during nonschool hours or periods
24 when school is not in session, for school year 2020–2021,
25 an eligible entity that is awarded a subgrant under section
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1 4204 of such Act (20 U.S.C. 7174) for community learning
2 centers may use such subgrant funds—
3 (1) to carry out activities described in section
4 4205 of such Act (20 U.S.C. 7175), regardless of
5 whether such activities are conducted in-person or
6 virtually, or during school hours or when school is in
7 session; and
8 (2) to provide in-person care during—
9 (A) the regular school day for students eligi-
10 ble to receive services under part B of title IV of
11 such Act (20 U.S.C. 7171 et seq.); and
12 (B) a period in which full-time in-person
13 instruction is not available for all such students
14 served by such eligible entity.
15 (b) REQUIREMENTS.—An eligible entity may carry out
16 the activities described in subsection (a)(1) and the in-per-
17 son care described in subsection (a)(2) if—
18 (1) such activities and in-person care supple-
19 ment but do not supplant regular school day require-
20 ments;
21 (2) such eligible entity complies with section
22 4204(b)(2)(D) of the Elementary and Secondary Edu-
23 cation Act of 1965 (20 U.S.C. 7174(b)(2)(D)) with re-
24 spect to the activities carried out pursuant to this
25 Act; and
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1 (3) such eligible entity specifies in an applica-
2 tion for a subgrant under section 4204(b) of such Act
3 (20 U.S.C. 7174(b)) with respect to such school year
4 (or in an addendum to such application) how the
5 subgrant funds will be used to carry out such activi-
6 ties or to provide such in-person care, or both.
7 (c) EMERGENCY DESIGNATION.—The amounts pro-
8 vided by this section are designated by the Congress as being
9 for an emergency requirement pursuant to section
10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12 SEC. 809. The Secretary of Education may allow funds
13 appropriated for grants under part B of title I and title
14 VI of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
15 for fiscal year 2020 to be available for obligation and ex-
16 penditure during fiscal years 2020 and 2021: Provided,
17 That the amounts provided by this section are designated
18 by the Congress as being for an emergency requirement pur-
19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 RELATED AGENCIES
22 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
23 For an additional amount for the ‘‘Corporation for
24 National and Community Service’’ (referred to under this
25 heading as ‘‘CNCS’’), $336,000,000, to prevent, prepare for,
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1 and respond to coronavirus, including to carry out the Do-
2 mestic Volunteer Service Act of 1973 (‘‘1973 Act’’) and the
3 National and Community Service Act of 1990 (‘‘1990
4 Act’’): Provided, That $228,000,000 of the funds made
5 available in this paragraph may be used to make new and
6 additional awards to new and existing AmeriCorps grant-
7 ees and may be used to provide adjustments to awards
8 under subtitle C of title I of the 1990 Act for which the
9 Chief Executive Officer of CNCS determines that a waiver
10 of the Federal share limitation is warranted under section
11 2521.70 of title 45 of the Code of Federal Regulations: Pro-
12 vided further, That of the amount provided in this para-
13 graph, $26,000,000 shall be for programs under title I, part
14 A of the 1973 Act: Provided further, That of the amount
15 provided in this paragraph, $35,000,000 shall be for pro-
16 grams under title II of the 1973 Act, and not less than
17 $23,000,000 of these funds shall be available for the pro-
18 gram under title II, part C of the 1973 Act: Provided fur-
19 ther, That of the amounts provided under this paragraph:
20 (1) up to 1 percent of the funds in this paragraph may
21 be used to defray the costs of conducting grant application
22 reviews, including the use of outside peer reviewers and elec-
23 tronic management of the grants cycle; (2) $9,000,000 shall
24 be available to provide assistance to State commissions on
25 national and community service, under section 126(a) of
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1 the 1990 Act; (3) $5,000,000 shall be available to carry out
2 subtitle E of the 1990 Act; and (4) $12,000,000 shall be
3 available for expenses authorized under section
4 501(a)(4)(F) of the 1990 Act, which shall be awarded by
5 CNCS on a competitive basis: Provided further, That for
6 the purposes of carrying out the 1990 Act, satisfying the
7 requirements in section 122(c)(1)(D) of such Act may in-
8 clude a determination of need by the local community: Pro-
9 vided further, That up to $21,000,000 may be transferred
10 for necessary expenses of administration as provided under
11 section 501(a)(5) of the 1990 Act and under section 504(a)
12 of the 1973 Act: Provided further, That such amount is des-
13 ignated by the Congress as being for an emergency require-
14 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
15 Budget and Emergency Deficit Control Act of 1985.
16 PAYMENT TO THE NATIONAL SERVICE TRUST
17 (INCLUDING TRANSFER OF FUNDS)
18 For an additional amount for ‘‘National Service
19 Trust’’, $14,000,000, to remain available until expended:
20 Provided, That CNCS may transfer additional funds from
21 the amount provided under the heading ‘‘Corporation for
22 National and Community Service’’ in this Act for grants
23 made under subtitle C of title I of the 1990 Act to this ap-
24 propriation upon determination that such transfer is nec-
25 essary to support the activities of national service partici-
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1 pants and after notice is transmitted to the Committees on
2 Appropriations of the House of Representatives and the
3 Senate: Provided further, That the amount appropriated for
4 or transferred to the National Service Trust may be invested
5 under section 145(b) of the 1990 Act without regard to the
6 requirement to apportion funds under 31 U.S.C. 1513(b):
7 Provided further, That such amount is designated by the
8 Congress as being for an emergency requirement pursuant
9 to section 251(b)(2)(A)(i) of the Balanced Budget and
10 Emergency Deficit Control Act of 1985.
11 CORPORATION FOR PUBLIC BROADCASTING
12 For an additional amount for fiscal year 2021 for
13 ‘‘Corporation for Public Broadcasting,’’ $175,000,000 to
14 prevent, prepare for, and respond to coronavirus, including
15 for fiscal stabilization grants to public telecommunications
16 entities, as defined by 47 U.S.C. 397(12), with no deduction
17 for administrative or other costs of the Corporation, to
18 maintain programming and services and preserve small
19 and rural stations threatened by declines in non-Federal
20 revenues: Provided, That such amount is designated by the
21 Congress as being for an emergency requirement pursuant
22 to section 251(b)(2)(A)(i) of the Balanced Budget and
23 Emergency Deficit Control Act of 1985.
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1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES
2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
3 ADMINISTRATION
4 For an additional amount for ‘‘Institute of Museum
5 and Library Services’’, $135,000,000 to prevent, prepare
6 for, and respond to coronavirus, including grants to States,
7 territories, tribes, museums, and libraries, to expand digital
8 network access, purchase internet accessible devices, provide
9 technical support services, and for operational expenses:
10 Provided, That any matching funds requirements for
11 States, tribes, libraries, and museums are waived for grants
12 provided with funds made available under this heading in
13 this Act: Provided further, That such amount is designated
14 by the Congress as being for an emergency requirement pur-
15 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
16 Emergency Deficit Control Act of 1985.
17 RAILROAD RETIREMENT BOARD
18 LIMITATION ON ADMINISTRATION
19 For an additional amount for ‘‘Limitation on Admin-
20 istration’’, $4,500,000 to prevent, prepare for, and respond
21 to coronavirus, including the expeditious dispensation of
22 railroad unemployment insurance benefits, and to support
23 full-time equivalents and overtime hours as needed to ad-
24 minister the Railroad Unemployment Insurance Act, and
25 of which $8,300 shall be for administrative costs related to
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1 implementing rebate payments: Provided, That such
2 amount is designated by the Congress as being for an emer-
3 gency requirement pursuant to section 251(b)(2)(A)(i) of
4 the Balanced Budget and Emergency Deficit Control Act
5 of 1985.
6 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
7 For an additional amount for ‘‘Office of the Inspector
8 General’’, $500,000, to remain available until expended, to
9 prevent, prepare for, and respond to coronavirus, including
10 salaries and expenses necessary for oversight, investigations
11 and audits of the Railroad Retirement Board and railroad
12 unemployment insurance benefits funded in this Act and
13 Public Law 116–136: Provided, That such amount is des-
14 ignated by the Congress as being for an emergency require-
15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
16 Budget and Emergency Deficit Control Act of 1985.
17 SOCIAL SECURITY ADMINISTRATION
18 LIMITATION ON ADMINISTRATIVE EXPENSES
19 For an additional amount for ‘‘Limitation on Admin-
20 istrative Expenses’’, $40,500,000, to prevent, prepare for,
21 and respond to coronavirus, domestically or internation-
22 ally, for necessary expenses to carry out additional recovery
23 rebates to individuals, as described in section 101 of divi-
24 sion F of this Act: Provided, That of the amount made
25 available under this heading in this Act, $2,500,000, to re-
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1 main available until September 30, 2025, shall be trans-
2 ferred to ‘‘Social Security Administration—Office of In-
3 spector General’’ for necessary expenses in carrying out the
4 provisions of the Inspector General Act of 1978: Provided
5 further, That such amount is designated by the Congress
6 as being for an emergency requirement pursuant to section
7 251(b)(2)(A)(i) of the Balanced Budget and Emergency
8 Deficit Control Act of 1985.
9 GENERAL PROVISIONS—THIS TITLE
10 SEC. 810. Notwithstanding any other provision of law,
11 funds made available under each heading in this title shall
12 only be used for the purposes specifically described under
13 that heading.
14 SEC. 811. Funds appropriated by this title may be
15 used by the Secretary of the Department of Health and
16 Human Services to appoint, without regard to the provi-
17 sions of sections 3309 through 3319 of title 5 of the United
18 States Code, candidates needed for positions to perform crit-
19 ical work relating to coronavirus for which—
20 (1) public notice has been given; and
21 (2) the Secretary has determined that such a
22 public health threat exists.
23 SEC. 812. Funds made available by this title may be
24 used to enter into contracts with individuals for the provi-
25 sion of personal services (as described in section 104 of part
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1 37 of title 48, Code of Federal Regulations (48 CFR
2 37.104)) to support the prevention of, preparation for, or
3 response to coronavirus, domestically and internationally,
4 subject to prior notification to the Committees on Appro-
5 priations of the House of Representatives and the Senate:
6 Provided, That such individuals may not be deemed em-
7 ployees of the United States for the purpose of any law ad-
8 ministered by the Office of Personnel Management: Pro-
9 vided further, That the authority made available pursuant
10 to this section shall expire on September 30, 2024.
11 SEC. 813. Not later than 30 days after the date of en-
12 actment of this Act, the Secretary of Health and Human
13 Services shall provide a detailed spend plan of anticipated
14 uses of funds made available to the Department of Health
15 and Human Services in this Act, including estimated per-
16 sonnel and administrative costs, to the Committees on Ap-
17 propriations of the House of Representatives and the Sen-
18 ate: Provided, That such plans shall be updated and sub-
19 mitted to such Committees every 60 days until September
20 30, 2024: Provided further, That the spend plans shall be
21 accompanied by a listing of each contract obligation in-
22 curred that exceeds $5,000,000 which has not previously
23 been reported, including the amount of each such obligation.
24 SEC. 814. Of the funds appropriated by this title under
25 the heading ‘‘Public Health and Social Services Emergency
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1 Fund’’, $25,000,000 shall be transferred to, and merged
2 with, funds made available under the heading ‘‘Office of the
3 Secretary, Office of Inspector General’’, and shall remain
4 available until expended, for oversight of activities sup-
5 ported with funds appropriated to the Department of
6 Health and Human Services in this Act: Provided, That
7 the Inspector General of the Department of Health and
8 Human Services shall consult with the Committees on Ap-
9 propriations of the House of Representatives and the Senate
10 prior to obligating such funds: Provided further, That the
11 transfer authority provided by this section is in addition
12 to any other transfer authority provided by law.
13 TITLE IX
14 LEGISLATIVE BRANCH
15 SENATE
16 CONTINGENT EXPENSES OF THE SENATE
17 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
18 For an additional amount for ‘‘Sergeant at Arms and
19 Doorkeeper of the Senate’’, $6,345,000, to remain available
20 until expended, to prevent, prepare for, and respond to
21 coronavirus, which shall be allocated in accordance with a
22 spend plan submitted to the Committee on Appropriations
23 of the Senate: Provided, That such amount is designated
24 by the Congress as being for an emergency requirement pur-
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1 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3 HOUSE OF REPRESENTATIVES
4 ALLOWANCES AND EXPENSES
5 For an additional amount for ‘‘Allowances and Ex-
6 penses’’, $37,000,000, to remain available until expended,
7 for necessary expenses for Business Continuity and Disaster
8 Recovery, to prevent, prepare for, and respond to
9 coronavirus, to be allocated in accordance with a spend
10 plan submitted to the Committee on Appropriations of the
11 House of Representatives by the Chief Administrative Offi-
12 cer and approved by such Committee: Provided, That such
13 amount is designated by the Congress as being for an emer-
14 gency requirement pursuant to section 251(b)(2)(A)(i) of
15 the Balanced Budget and Emergency Deficit Control Act
16 of 1985.
17 JOINT ITEMS
18 OFFICE OF THE ATTENDING PHYSICIAN
19 For an additional amount for ‘‘Office of the Attending
20 Physician’’, $600,000, to remain available until expended,
21 to prevent, prepare for, and respond to coronavirus: Pro-
22 vided, That such amount is designated by the Congress as
23 being for an emergency requirement pursuant to section
24 251(b)(2)(A)(i) of the Balanced Budget and Emergency
25 Deficit Control Act of 1985.
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1 CAPITOL POLICE
2 SALARIES
3 (INCLUDING TRANSFER OF FUNDS)
4 For an additional amount for ‘‘Salaries’’,
5 $12,000,000, to prevent, prepare for, and respond to
6 coronavirus: Provided, That amounts provided under this
7 heading in this Act may be transferred between Capitol Po-
8 lice ‘‘Salaries’’ and ‘‘General Expenses’’ for the purposes
9 provided herein without the approval requirement of section
10 1001 of the Legislative Branch Appropriations Act, 2014
11 (2 U.S.C. 1907a); Provided further, That such amount is
12 designated by the Congress as being for an emergency re-
13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
14 anced Budget and Emergency Deficit Control Act of 1985.
15 CONGRESSIONAL BUDGET OFFICE
16 SALARIES AND EXPENSES
17 For an additional amount for ‘‘Salaries and Ex-
18 penses’’, $1,200,000, to prevent, prepare for, and respond
19 to coronavirus: Provided, That such amount is designated
20 by the Congress as being for an emergency requirement pur-
21 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
22 Emergency Deficit Control Act of 1985.
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1 ARCHITECT OF THE CAPITOL
2 CAPITAL CONSTRUCTION AND OPERATIONS
3 For an additional amount for ‘‘Capital Construction
4 and Operations’’, $150,000,000, to remain available until
5 expended, to supplement the funding made available to the
6 Architect for the purposes described in title IX of division
7 B of the CARES Act (Public Law 116–136): Provided, That
8 this additional amount also may be used for the purchase
9 and distribution of supplies to respond to coronavirus in-
10 cluding, but not limited to, cleaning and sanitation sup-
11 plies, masks and/or face coverings to Congressional offices,
12 committees, and visitors, including provisions for travel
13 and other necessary work carried out by staff in their Con-
14 gressional Districts and State Offices, wherever located:
15 Provided further, That such amount is designated by the
16 Congress as being for an emergency requirement pursuant
17 to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 LIBRARY OF CONGRESS
20 SALARIES AND EXPENSES
21 (INCLUDING TRANSFER OF FUNDS)
22 For an additional amount for ‘‘Salaries and Ex-
23 penses’’, $12,000,000, to prevent, prepare for, and respond
24 to coronavirus, including to offset losses resulting from the
25 coronavirus pandemic of amounts collected pursuant to the
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1 Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C.
2 150), for revolving fund activities pursuant to sections 182
3 and 182a through 182e of title 2, United States Code, sec-
4 tions 708(d) and 1316 of title 17, United States Code, and
5 sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title,
6 and for reimbursement of the Little Scholars Child Develop-
7 ment Center for salaries for employees, as authorized by this
8 title: Provided, That the Library of Congress may transfer
9 amounts appropriated under this heading in this Act to
10 other applicable appropriations of the Library of Congress
11 to prevent, prepare for, and respond to coronavirus: Pro-
12 vided further, That such amount is designated by the Con-
13 gress as being for an emergency requirement pursuant to
14 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
15 gency Deficit Control Act of 1985.
16 GOVERNMENT PUBLISHING OFFICE
17 GOVERNMENT PUBLISHING OFFICE BUSINESS
18 OPERATIONS REVOLVING FUND
19 For an additional amount for ‘‘Government Pub-
20 lishing Office Business Operations Revolving Fund’’,
21 $7,000,000, to prevent, prepare for, and respond to
22 coronavirus, which shall be for offsetting losses resulting
23 from the coronavirus pandemic of amounts collected pursu-
24 ant to section 309 of title 44, United States Code: Provided,
25 That funds appropriated under this heading in this Act
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1 may be made available to restore amounts, either directly
2 or through reimbursement, for obligations incurred to pre-
3 vent, prepare for, and respond to coronavirus, domestically
4 or internationally, prior to the date of enactment of this
5 Act: Provided further, That such amount is designated by
6 the Congress as being for an emergency requirement pursu-
7 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
8 Emergency Deficit Control Act of 1985.
9 GOVERNMENT ACCOUNTABILITY OFFICE
10 SALARIES AND EXPENSES
11 For an additional amount for ‘‘Salaries and Ex-
12 penses’’, $88,500,000, to remain available until expended,
13 to prevent, prepare for, and respond to coronavirus, which
14 shall be for audits and investigations and for reimburse-
15 ment of the Tiny Findings Child Development Center for
16 salaries for employees, as authorized by this title: Provided,
17 That not later than 90 days after the date of enactment
18 of this Act, the Government Accountability Office shall sub-
19 mit to the Committees on Appropriations of the House of
20 Representatives and the Senate a spend plan specifying
21 funding estimates and a timeline for such audits and inves-
22 tigations: Provided further, That such amount is designated
23 by the Congress as being for an emergency requirement pur-
24 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
25 Emergency Deficit Control Act of 1985.
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1 GENERAL PROVISIONS—THIS TITLE
2 SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND
3 EXPENSES OF SENATE EMPLOYEE CHILD CARE CENTER
4 SEC. 901. The Secretary of the Senate shall reimburse
5 the Senate Employee Child Care Center for personnel costs
6 incurred until September 30, 2021, for employees of such
7 Center who have been ordered to cease working due to meas-
8 ures taken in the Capitol complex to combat coronavirus,
9 from amounts in the appropriations account ‘‘Miscella-
10 neous Items’’ within the contingent fund of the Senate.
11 SEC. 902. Funds appropriated to the Architect of the
12 Capitol in this Act also may be used to restore amounts,
13 either directly or through reimbursement, for obligations in-
14 curred by the Architect to prevent, prepare for, and respond
15 to Coronavirus Disease 2019 (COVID–19) prior to the date
16 of enactment of this Act. Funds used to restore amounts
17 to other Architect of the Capitol accounts shall assume the
18 original period of availability of such accounts.
19 AUTHORITY OF ARCHITECT OF THE CAPITOL TO MAKE
20 EXPENDITURES IN RESPONSE TO EMERGENCIES
21 SEC. 903. (a) COVERAGE OF COMMUTING EX-
22 PENSES.—Section 1305(a)(2) of the Legislative Branch
23 Appropriations Act, 2010 (2 U.S.C. 1827(a)(2)) is amended
24 by inserting after ‘‘refreshments’’, the following: ‘‘transpor-
25 tation and other related expenses incurred by employees in
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1 commuting between their residence and their place of em-
2 ployment’’.
3 (b) AUTHORITY TO PROVIDE SUPPLIES AND
4 SERVICES THROUGHOUT FACILITIES AND
5 GROUNDS UNDER THE ARCHITECT OF THE CAP-
6 ITOL’S CARE.—Section 1305 of the Legislative Branch
7 Appropriations Act, 2010 (2 U.S.C. 1827) is further
8 amended by inserting after subsection (a)(2), the following:
9 ‘‘(3) May accept contributions of, and incur obligations and
10 make expenditures for, supplies, products, services, and
11 operational costs necessary to respond to the emergency,
12 which may be provided throughout all facilities and
13 grounds under the care of the Architect of the Capitol wher-
14 ever located, on a reimbursable or non-reimbursable basis
15 subject to the availability of funds.’’.
16 (c) EFFECTIVE DATE.—The amendment made by
17 subsections (a) and (b) shall apply with respect to fiscal
18 year 2020 and each succeeding fiscal year.
19 SEC. 904. Notwithstanding the provisions of section
20 6304(c) of title 5, United States Code, any annual leave
21 accumulated by an employee of the Government Publishing
22 Office in excess of the limits prescribed in section 6304(a)
23 of title 5, United States Code, remains to the credit of the
24 employee until December 31, 2021.
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1 TITLE X
2 MILITARY CONSTRUCTION, VETERANS AFFAIRS,
3 AND RELATED AGENCIES
4 DEPARTMENT OF VETERANS AFFAIRS
5 VETERANS BENEFITS ADMINISTRATION
6 GENERAL OPERATING EXPENSES, VETERANS BENEFITS
7 ADMINISTRATION
8 For an additional amount for ‘‘General Operating Ex-
9 penses, Veterans Benefits Administration’’, $338,000,000, to
10 prevent, prepare for, and respond to coronavirus, including
11 the elimination of backlogs that may have occurred: Pro-
12 vided, That amounts provided under this heading in this
13 Act made available for the elimination of backlogs may not
14 be used to increase the number of permanent positions: Pro-
15 vided further, That of the amounts provided under this
16 heading, up to $198,000,000 shall be to improve the Veteran
17 Benefits Administration’s education systems, including im-
18 plementation of changes to chapters 30 through 36 of part
19 III of title 38, United States Code in the Harry W. Colmery
20 Veterans Educational Assistance Act of 2017 (Public Law
21 115–48), in a bill to authorize the Secretary of Veterans
22 Affairs to treat certain programs of education converted to
23 distance learning by reason of emergencies and health-re-
24 lated situations in the same manner as programs of edu-
25 cation pursued at educational institutions, and for other
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1 purposes (Public Law 116–128), and in the Student Vet-
2 eran Coronavirus Response Act of 2020 (Public Law 116–
3 140): Provided further, That such amount is designated by
4 the Congress as being for an emergency requirement pursu-
5 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
6 Emergency Deficit Control Act of 1985.
7 VETERANS HEALTH ADMINISTRATION
8 MEDICAL COMMUNITY CARE
9 For an additional amount for ‘‘Medical Community
10 Care’’, $100,000,000, for a one-time emergency payment to
11 existing State Extended Care Facilities for Veterans, to pre-
12 vent, prepare for, and respond to coronavirus: Provided,
13 That such payments shall be in proportion to each State’s
14 share of the total resident capacity in such facilities as of
15 January 4, 2020 where such capacity includes only vet-
16 erans on whose behalf the Department pays a per diem
17 amount pursuant to 38 United States Code 1741 or 1745:
18 Provided further, That amounts made available to ‘‘Vet-
19 erans Health Administration—Medical Services’’ in divi-
20 sion B of Public Law 116–136, may be transferred to and
21 merged with the Medical Community Care account to be
22 used for the purposes provided under this heading in this
23 Act, and shall be in additional to any other amounts avail-
24 able for such purposes: Provided further, That amounts
25 transferred pursuant to the preceding proviso that were pre-
•HR 925 EAH
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1 viously designated by the Congress as an emergency require-
2 ment pursuant to the Balanced Budget and Emergency Def-
3 icit Control Act of 1985 are designated by the Congress as
4 an emergency requirement pursuant to section
5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985: Provided further, That such
7 amount is designated by the Congress as being for an emer-
8 gency requirement pursuant to section 251(b)(2)(A)(i) of
9 the Balanced Budget and Emergency Deficit Control Act
10 of 1985.
11 NATIONAL CEMETERY ADMINISTRATION
12 For an additional amount for ‘‘National Cemetery Ad-
13 ministration’’, $26,000,000, to prevent, prepare for, and re-
14 spond to coronavirus: Provided, That such amount is des-
15 ignated by the Congress as being for an emergency require-
16 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
17 Budget and Emergency Deficit Control Act of 1985.
18 DEPARTMENTAL ADMINISTRATION
19 BOARD OF VETERANS APPEALS
20 For an additional amount for ‘‘Board of Veterans Ap-
21 peals’’, $4,000,000, to prevent, prepare for, and respond to
22 coronavirus: Provided, That such amount is designated by
23 the Congress as being for an emergency requirement pursu-
24 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
25 Emergency Deficit Control Act of 1985.
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1 INFORMATION TECHNOLOGY SYSTEMS
2 For an additional amount for ‘‘Information Tech-
3 nology Systems’’, $45,000,000, to remain available until
4 September 30, 2021, to prevent, prepare for, and respond
5 to coronavirus: Provided, That amounts provided under
6 this heading shall be to improve the Veteran Benefits Ad-
7 ministration’s education systems, including implementa-
8 tion of changes to chapters 30 through 36 of part III of
9 title 38, United States Code in the Harry W. Colmery Vet-
10 erans Educational Assistance Act of 2017 (Public Law 115–
11 48), in a bill to authorize the Secretary of Veterans Affairs
12 to treat certain programs of education converted to distance
13 learning by reason of emergencies and health-related situa-
14 tions in the same manner as programs of education pursued
15 at educational institutions, and for other purposes (Public
16 Law 116–128), and in the Student Veteran Coronavirus
17 Response Act of 2020 (Public Law 116–140): Provided fur-
18 ther, That such amount is designated by the Congress as
19 being for an emergency requirement pursuant to section
20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
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1 RELATED AGENCIES
2 DEPARTMENT OF DEFENSE—CIVIL
3 CEMETERIAL EXPENSES, ARMY
4 SALARIES AND EXPENSES
5 For an additional amount for ‘‘Salaries and Ex-
6 penses’’, $2,000,000, to prevent, prepare for, and respond
7 to coronavirus: Provided, That such amount is designated
8 by the Congress as being for an emergency requirement pur-
9 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
10 Emergency Deficit Control Act of 1985.
11 AMERICAN BATTLE MONUMENTS COMMISSION
12 SALARIES AND EXPENSES
13 For an additional amount for the ‘‘Salaries and Ex-
14 penses’’, $2,000,000, to prevent, prepare for, and respond
15 to coronavirus: Provided, That such amount is designated
16 by the Congress as being for an emergency requirement pur-
17 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 GENERAL PROVISIONS—THIS TITLE
20 (INCLUDING TRANSFER OF FUNDS)
21 SEC. 1001. Title X of division B of the Coronavirus
22 Aid, Relief, and Economic Security Act (Public Law 116–
23 136) is amended under the heading ‘‘Department of Vet-
24 erans Affairs—Departmental Administration—Grants for
25 Construction of State Extended Care Facilities’’ by striking
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1 ‘‘including to modify or alter existing hospital, nursing
2 home, and domiciliary facilities in State homes: Provided,’’
3 and inserting in lieu thereof the following: ‘‘which shall be
4 for modifying or altering existing hospital, nursing home,
5 and domiciliary facilities in State homes: Provided, That
6 the Secretary shall conduct a new competition or competi-
7 tions to award grants to States using funds provided under
8 this heading in this Act: Provided further, That such grants
9 may be made to reimburse States for the costs of modifica-
10 tions or alterations that have been initiated or completed
11 before an application for a grant under this section is ap-
12 proved by the Secretary: Provided further, That the use of
13 funds provided under this heading in this Act shall not be
14 subject to state matching fund requirement, application re-
15 quirements, cost thresholds, the priority list, deadlines,
16 award dates under sections 8134 and 8135 of title 38,
17 United States Code, and part 59 of chapter I of title 38,
18 Code of Federal Regulations, and shall not be subject to re-
19 quirements of section 501(d) of title 38, United States Code:
20 Provided further, That the Secretary may establish and ad-
21 just rolling deadlines for applications for such grants and
22 may issue multiple rounds of application periods for the
23 award of such grants under this section: Provided further,’’:
24 Provided, That amounts repurposed pursuant to this sec-
25 tion that were previously designated by the Congress as an
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1 emergency requirement pursuant to the Balanced Budget
2 and Emergency Deficit Control Act of 1985 are designated
3 by the Congress as an emergency requirement pursuant to
4 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
5 gency Deficit Control Act of 1985.
6 SEC. 1002. Of the unobligated balances available to the
7 Department of Veterans Affairs from title X of division B
8 of the Coronavirus Aid, Relief, and Economic Security Act
9 (Public Law 116–136) for ‘‘Veterans Health Administra-
10 tion, Medical Services’’, up to $100,000,000 may be trans-
11 ferred to ‘‘Departmental Administration, Information
12 Technology Systems’’ to prevent, prepare for, and respond
13 to coronavirus, domestically or internationally, for im-
14 provements to supply chain systems including the Defense
15 Medical Logistics Standard Support system: Provided,
16 That not more than $50,000,000 may be transferred to de-
17 velopment subaccount for the Supply Chain Management
18 project: Provided further, That the transferred funds shall
19 be in addition to any other funds made available for this
20 purpose: Provided further, That the amounts transferred in
21 this section that were previously designated by the Congress
22 as an emergency requirement pursuant to the Balanced
23 Budget and Emergency Deficit Control Act of 1985 are des-
24 ignated by the Congress as an emergency requirement pur-
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1 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3 TITLE XI
4 DEPARTMENT OF STATE, FOREIGN OPERATIONS,
5 AND RELATED PROGRAMS
6 DEPARTMENT OF STATE
7 ADMINISTRATION OF FOREIGN AFFAIRS
8 DIPLOMATIC PROGRAMS
9 For an additional amount for ‘‘Diplomatic Pro-
10 grams’’, $500,000,000, for necessary expenses to prevent,
11 prepare for, and respond to coronavirus, including for evac-
12 uation expenses, emergency preparedness, maintaining con-
13 sular operations, and other operations and maintenance re-
14 quirements related to the consequences of coronavirus, do-
15 mestically or internationally, of which $425,000,000 shall
16 be for Consular and Border Security Programs, to remain
17 available until expended, for offsetting losses resulting from
18 the coronavirus pandemic of fees collected and deposited
19 into such account pursuant to section 7081 of Public Law
20 115–31: Provided, That such amount is designated by the
21 Congress as being for an emergency requirement pursuant
22 to section 251(b)(2)(A)(i) of the Balanced Budget and
23 Emergency Deficit Control Act of 1985.
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1 OFFICE OF INSPECTOR GENERAL
2 For an additional amount for ‘‘Office of Inspector
3 General’’, $4,400,000, for oversight of activities conducted
4 by the Department of State and made available to prevent,
5 prepare for, and respond to coronavirus by this title and
6 by prior acts: Provided, That such amount is designated
7 by the Congress as being for an emergency requirement pur-
8 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 UNITED STATES AGENCY FOR INTERNATIONAL
11 DEVELOPMENT
12 FUNDS APPROPRIATED TO THE PRESIDENT
13 OPERATING EXPENSES
14 For an additional amount for ‘‘Operating Expenses’’,
15 $50,000,000, to prevent, prepare for, and respond to
16 coronavirus and for other operations and maintenance re-
17 quirements related to the consequences of coronavirus: Pro-
18 vided, That such amount is designated by the Congress as
19 being for an emergency requirement pursuant to section
20 251(b)(2)(A)(i) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
22 OFFICE OF INSPECTOR GENERAL
23 For an additional amount for ‘‘Office of Inspector
24 General’’, $3,500,000, for oversight of activities conducted
25 by the United States Agency for International Development
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1 and made available to prevent, prepare for, and respond
2 to coronavirus by this title and by prior acts: Provided,
3 That such amount is designated by the Congress as being
4 for an emergency requirement pursuant to section
5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985
7 BILATERAL ECONOMIC ASSISTANCE
8 FUNDS APPROPRIATED TO THE PRESIDENT
9 GLOBAL HEALTH PROGRAMS
10 For an additional amount for ‘‘Global Health Pro-
11 grams’’, $3,690,925,000, for necessary expenses to prevent,
12 prepare for, and respond to coronavirus: Provided, That
13 such funds shall be administered by the Administrator of
14 the United States Agency for International Development:
15 Provided further, That of the funds appropriated under this
16 heading in this title, not less than $150,000,000 shall be
17 transferred to, and merged with, funds made available for
18 the Emergency Reserve Fund established pursuant to sec-
19 tion 7058(c)(1) of the Department of State, Foreign Oper-
20 ations, and Related Programs Appropriations Act, 2017
21 (division J of Public Law 115–31): Provided further, That
22 funds made available pursuant to the preceding proviso
23 shall be made available under the terms and conditions of
24 such section, as amended: Provided further, That funds ap-
25 propriated by this paragraph in this title shall be made
•HR 925 EAH
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1 available for a contribution to a multilateral vaccine devel-
2 opment partnership to support epidemic preparedness: Pro-
3 vided further, That of the funds appropriated by this para-
4 graph in this title, not less than $3,500,000,000 shall be
5 made available for a United States Contribution to The
6 GAVI Alliance: Provided further, That funds appropriated
7 by this paragraph in this title shall be allocated and allot-
8 ted within 60 days of the date of enactment of this Act:
9 Provided further, That such amount is designated by the
10 Congress as being for an emergency requirement pursuant
11 to section 251(b)(2)(A)(i) of the Balanced Budget and
12 Emergency Deficit Control Act of 1985.
13 For an additional amount for ‘‘Global Health Pro-
14 grams’’, $4,535,925,000, for necessary expenses to prevent,
15 prepare for, and respond to coronavirus: Provided, That
16 such funds shall be administered by the United States Glob-
17 al AIDS Coordinator: Provided further, That not less than
18 $3,500,000,000 shall be made available as a United States
19 contribution to the Global Fund to Fight AIDS, Tuber-
20 culosis and Malaria (Global Fund): Provided further, That
21 funds made available to the Global Fund pursuant to the
22 previous proviso shall be made available notwithstanding
23 section 202(d)(4)(A)(i) of the United States Leadership
24 Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
25 (22 U.S.C. 7622(d)(4)(A)(i)): Provided further, That funds
•HR 925 EAH
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1 appropriated under this heading for fiscal years 2020 and
2 2021 which are designated as being for an emergency re-
3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
4 anced Budget and Emergency Deficit Control Act of 1985
5 and made available as a United States contribution to the
6 Global Fund shall not be considered a contribution for the
7 purpose of applying section 202(d)(4)(A)(i): Provided fur-
8 ther, That funds appropriated by this paragraph in this
9 title shall be allocated and allotted within 60 days of the
10 date of enactment of this Act: Provided further, That such
11 amount is designated by the Congress as being for an emer-
12 gency requirement pursuant to section 251(b)(2)(A)(i) of
13 the Balanced Budget and Emergency Deficit Control Act
14 of 1985.
15 DEVELOPMENT ASSISTANCE
16 For an additional amount for ‘‘Development Assist-
17 ance’’, $250,000,000, for necessary expenses to prevent, pre-
18 pare for, and respond to coronavirus, including to address
19 related economic, and stabilization requirements, of which
20 not less than $150,000,000 shall be made available to main-
21 tain access to basic education and not less than $45,000,000
22 shall be to maintain access to not-for-profit institutions of
23 higher education for costs related to the consequences of
24 coronavirus: Provided, That such institutions of higher edu-
25 cation shall meet standards equivalent to those required for
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1 United States institutional accreditation by a regional ac-
2 creditation agency recognized by the United States Depart-
3 ment of Education: Provided further, That funds made
4 available under this heading in this title shall be allocated
5 and allotted within 60 days of the date of enactment of this
6 Act: Provided further, That such amount is designated by
7 the Congress as being for an emergency requirement pursu-
8 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 INDEPENDENT AGENCIES
11 INTER-AMERICAN FOUNDATION
12 For an additional amount for ‘‘Inter-American Foun-
13 dation’’, $15,000,000, for necessary expenses to prevent, pre-
14 pare for, and respond to coronavirus, including to address
15 related economic and stabilization requirements: Provided,
16 That funds made available under this heading in this title
17 shall be allocated and allotted within 60 days of the enact-
18 ment of this Act: Provided further, That such amount is
19 designated by the Congress as being for an emergency re-
20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
21 anced Budget and Emergency Deficit Control Act of 1985.
22 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
23 For an additional amount for ‘‘United States African
24 Development Foundation’’, $15,000,000, for necessary ex-
25 penses to prevent, prepare for, and respond to coronavirus,
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1 including to address related economic and stabilization re-
2 quirements: Provided, That funds made available under this
3 heading in this title shall be allocated and allotted within
4 60 days of the enactment of this Act: Provided further, That
5 such amount is designated by the Congress as being for an
6 emergency requirement pursuant to section 251(b)(2)(A)(i)
7 of the Balanced Budget and Emergency Deficit Control Act
8 of 1985.
9 MULTILATERAL ASSISTANCE
10 FUNDS APPROPRIATED TO THE PRESIDENT
11 INTERNATIONAL ORGANIZATIONS AND PROGRAMS
12 For an additional amount for ‘‘International Organi-
13 zations and Programs’’, $935,250,000, to remain available
14 until September 30, 2022, for necessary expenses to prevent,
15 prepare for, and respond to coronavirus and to support the
16 United Nations Global Humanitarian Response Plan
17 COVID–19, of which not less than $750,000,000 shall be
18 for the World Food Programme, and not less than
19 $185,250,000 shall be for the United Nations Children’s
20 Fund: Provided, That funds made available under this
21 heading in this title shall be allocated and allotted within
22 60 days of the date of enactment of this Act: Provided fur-
23 ther, That such amount is designated by the Congress as
24 being for an emergency requirement pursuant to section
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 GENERAL PROVISIONS—THIS TITLE
4 (INCLUDING TRANSFER OF FUNDS)
5 SEC. 1101. The authorities and limitations of section
6 402 of the Coronavirus Preparedness and Response Supple-
7 mental Appropriations Act (division A of Public Law 116–
8 123) shall apply to funds appropriated by this title as fol-
9 lows:
10 (1) Subsections (a), (d), (e), and (f) shall apply
11 to funds under the heading ‘‘Diplomatic Programs’’;
12 and
13 (2) Subsections (c), (d), (e), and (f) shall apply
14 to funds under the heading ‘‘Global Health Pro-
15 grams’’, and ‘‘Development Assistance’’.
16 SEC. 1102. Funds appropriated by this title under the
17 headings ‘‘Diplomatic Programs’’, ‘‘Operating Expenses’’,
18 ‘‘Global Health Programs’’, and ‘‘Development Assistance’’
19 may be used to reimburse such accounts administered by
20 the Department of State and the United States Agency for
21 International Development, for obligations incurred to pre-
22 vent, prepare for, and respond to coronavirus prior to the
23 date of enactment of this Act.
24 SEC. 1103. The reporting requirements of section
25 406(b) of the Coronavirus Preparedness and Response Sup-
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1 plemental Appropriations Act, 2020 (division A of Public
2 Law 116–123) shall apply to funds appropriated by this
3 title.
4 SEC. 1104. Section 404 of the Coronavirus Prepared-
5 ness and Response Supplemental Appropriations Act (divi-
6 sion A of Public Law 116–123) shall apply to funds appro-
7 priated by this title under the same headings as specified
8 by such section.
9 SEC. 1105. Notwithstanding the limitations in sections
10 609(i) and 609(j) of the Millennium Challenge Act of 2003
11 (2211 U.S.C. 7708(j), 7715), the Millennium Challenge Cor-
12 poration may, subject to the availability of funds, extend
13 any compact in effect as of January 29, 2020, for up to
14 one additional year, to account for delays related to
15 coronavirus: Provided, That the Corporation shall notify
16 the Committees on Appropriations and Foreign Relations
17 of the Senate and the Committees on Appropriations and
18 Foreign Affairs of the House of Representatives prior to
19 providing any such extension.
20 SEC. 1106. The Secretary of State and the heads of
21 other Federal agencies may rely upon the authority of sec-
22 tion 5924 of title 5, United States Code, without regard to
23 the foreign area limitations referenced therein, to make pay-
24 ments for education allowances to employees who are in the
25 United States on ordered or authorized departure, or for
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1 whom travel to a post in a foreign area has been delayed,
2 to prevent, prepare for, or respond to coronavirus: Provided,
3 That the authority under this section shall expire on De-
4 cember 31, 2024.
5 SEC. 1107. The Secretary of State and the heads of
6 other Federal agencies whose employees are authorized to
7 receive payments of monetary amounts and other allow-
8 ances under section 5523 of title 5, United States Code, may
9 rely upon the authority of that section, without regard to
10 the time limitations referenced therein, to continue such
11 payments in connection with authorized or ordered depar-
12 tures from foreign areas, to prevent, prepare for, and re-
13 spond to coronavirus: Provided, That the authority under
14 this section shall be available to continue such payments
15 for the period beginning on July 21, 2020, through Sep-
16 tember 30, 2022, when such authority shall expire.
17 TITLE XII
18 TRANSPORTATION, HOUSING AND URBAN
19 DEVELOPMENT, AND RELATED AGENCIES
20 DEPARTMENT OF TRANSPORTATION
21 OFFICE OF THE SECRETARY
22 SALARIES AND EXPENSES
23 For an additional amount for ‘‘Salaries and Ex-
24 penses’’, $20,000,000, to remain available until expended,
25 to prevent, prepare for, and respond to coronavirus, includ-
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1 ing necessary expenses for operating costs and capital out-
2 lays: Provided, That such amounts are in addition to any
3 other amounts made available for this purpose: Provided
4 further, That obligations of amounts under this heading in
5 this Act shall not be subject to the limitation on obligations
6 under the heading ‘‘Office of the Secretary—Working Cap-
7 ital Fund’’ in division H of the Further Consolidated Ap-
8 propriations Act, 2020 (Public Law 116–94): Provided fur-
9 ther, That such amount is designated by the Congress as
10 being for an emergency requirement pursuant to section
11 251(b)(2)(A)(i) of the Balanced Budget and Emergency
12 Deficit Control Act of 1985.
13 ESSENTIAL AIR SERVICE
14 In addition to funds provided to the ‘‘Payments to Air
15 Carriers’’ program in Public Law 116–94 to carry out the
16 essential air service program under section 41731 through
17 41742 of title 49, United States Code, $75,000,000, to be
18 derived from the general fund of the Treasury, and to be
19 made available to the Essential Air Service and Rural Im-
20 provement Fund, to prevent, prepare for, and respond to
21 coronavirus: Provided, That such amount is designated by
22 the Congress as being for an emergency requirement pursu-
23 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.
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1 FEDERAL AVIATION ADMINISTRATION
2 OPERATIONS
3 For an additional amount for ‘‘Operations’’,
4 $50,000,000, to be derived from the general fund, for nec-
5 essary expenses to provide Federal Aviation Administration
6 (FAA) employees with masks or protective face coverings,
7 gloves, and sanitizer and wipes with sufficient alcohol con-
8 tent and to ensure FAA facilities are cleaned, disinfected,
9 and sanitized in accordance with Centers for Disease Con-
10 trol and Prevention guidance: Provided further, That such
11 amount is designated by the Congress as being for an emer-
12 gency requirement pursuant to section 251(b)(2)(A)(i) of
13 the Balanced Budget and Emergency Deficit Control Act
14 of 1985.
15 GRANTS-IN-AID FOR AIRPORTS
16 For an additional amount for ‘‘Grants-In-Aid for Air-
17 ports’’, $13,500,000,000, to prevent, prepare for, and re-
18 spond to coronavirus, to remain available until September
19 30, 2026: Provided, That amounts made available under
20 this heading in this Act shall be derived from the general
21 fund of the Treasury: Provided further, That funds provided
22 under this heading in this Act shall only be available to
23 sponsors of airports in categories defined in section 47102
24 of title 49, United States Code: Provided further, That the
25 requirements of chapter 471 of such title, except for project
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1 eligibility, shall apply to funds provided for any contract
2 awarded (after the date of enactment of this Act) for airport
3 development and funded under this heading: Provided fur-
4 ther, That funds provided under this heading in this Act
5 may not be used for any purpose not directly related to
6 the airport: Provided further, That of the amounts appro-
7 priated under this heading in this Act—
8 (1) Not less than $500,000,000 shall be to pay
9 the local share of eligible costs for which a grant is
10 made under this heading under the Department of
11 Transportation Appropriations Act, 2021: Provided,
12 That any remaining funds after the apportionment
13 under this paragraph (1) shall be distributed as de-
14 scribed in paragraph (2) under this heading in this
15 Act:
16 (2) Not less than $12,500,000,000 shall be avail-
17 able for any purpose for which airport revenues may
18 lawfully be used: Provided, That such funds shall be
19 allocated among eligible primary airports (as defined
20 in section 47102(16) of title 49 United States Code)
21 based on each airport’s calendar year 2019
22 enplanements as a percentage of total 2019
23 enplanements for all eligible primary service airports:
24 Provided further, That sponsors provide relief equal-
25 ing at least 25 percent of the amount allocated to an
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1 airport under this paragraph to on-airport car rent-
2 al, on-airport parking, and in-terminal airport con-
3 cessions (as defined in part 23 of title 49, Code of
4 Federal Regulations) in the form of waiving rent,
5 minimum annual guarantees, lease obligations, fees,
6 or penalties, or, at the request of the owner of an in-
7 terminal concession, to provide for a buyout of such
8 concession: Provided further, That the sponsor shall
9 give the highest priority to an owner who qualifies as
10 an small businesses with maximum gross receipts less
11 than $56 million: Provided further, That the Federal
12 share payable of the costs for which a grant is made
13 under this paragraph shall be 100 percent; and
14 (3) Up to $200,000,000 shall be available for
15 general aviation airports and commercial service air-
16 ports that are not primary airports for any purpose
17 for which airport revenues may lawfully be used, and,
18 which the Secretary shall apportion directly to each
19 eligible airport, as defined in paragraphs (7), (8),
20 and (16) of section 47102 of title 49, United States
21 Code, based on the categories published in the most
22 current National Plan of Integrated Airport Systems,
23 reflecting the percentage of the aggregate published el-
24 igible development costs for each such category, and
25 then dividing the allocated funds evenly among the el-
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1 igible airports in each category, rounding up to the
2 nearest thousand dollars: Provided, That the Federal
3 share payable of the costs for which a grant is made
4 under this paragraph shall be 100 percent: Provided
5 further, That any remaining funds after the appor-
6 tionment under this paragraph (3) shall be distrib-
7 uted as described in paragraph (2) under this head-
8 ing in this Act:
9 Provided further, That the matter preceding the first pro-
10 viso under this heading in title XII of division B of the
11 CARES Act (Public Law 116-136) is amended by striking
12 ‘‘to remain available until expended’’ and inserting ‘‘to re-
13 main available until September 30, 2025’’: Provided fur-
14 ther, That amounts made available under this heading in
15 title XII of division B of the CARES Act (Public Law 116-
16 136) shall not be subject to the limitation on obligations
17 in any act making appropriations: Provided further, That
18 any funds under the previous proviso designated as airport
19 grants that are unobligated, recovered by or returned to the
20 Federal Aviation Administration (FAA) within 5 years
21 from the date of enactment of the CARES Act (Public Law
22 116-36) shall be pooled and redistributed as described in
23 paragraph (2) under this heading in this Act: Provided fur-
24 ther, That the FAA may redistribute funds under the pre-
25 vious proviso on more than one occasion: Provided further,
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1 That any airport that had been allocated more than four
2 times annual operating expenses under this heading in title
3 XII of division B of the CARES Act (Public Law 116-136)
4 shall not be eligible for funds allocated or redistributed
5 under this Act: Provided further, That the Administrator
6 of the FAA may retain up to 0.1 percent of the funds pro-
7 vided under this heading in this Act to fund the award and
8 oversight by the Administrator of grants made under this
9 heading in this Act: Provided further, That obligations of
10 funds under this heading in this Act shall not be subject
11 to any limitations on obligations provided in any Act mak-
12 ing appropriations: Provided further, That all airport
13 sponsors receiving funds under this heading in this Act
14 shall continue to employ, through September 30, 2021, at
15 least 90 percent of the number of individuals employed
16 (after making adjustments for retirements or voluntary em-
17 ployee separations) by each airport as of March 27, 2020:
18 Provided further, That the Secretary may waive the work-
19 force retention requirement in the previous proviso, if the
20 Secretary determines the airport is experiencing economic
21 hardship as a direct result of the requirement, or the re-
22 quirement reduces aviation safety or security: Provided fur-
23 ther, That the workforce retention requirement shall not
24 apply to nonhub airports or nonprimary airports receiving
25 funds under this heading in this Act: Provided further, That
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1 amounts repurposed by the provisions under this heading
2 in this Act that were previously designated by the Congress
3 as an emergency requirement pursuant to the Balanced
4 Budget and Emergency Deficit Control Act of 1985 are des-
5 ignated by the Congress as an emergency requirement pur-
6 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
7 Emergency Deficit Control Act of 1985: Provided further,
8 That such amount is designated by the Congress as being
9 for an emergency requirement pursuant to section
10 251(b)(2)(A)(i) of the Balanced Budget and Emergency
11 Deficit Control Act of 1985.
12 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
13 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
14 Of prior year unobligated contract authority and liq-
15 uidating cash provided for Motor Carrier Safety in the
16 Transportation Equity Act for the 21st Century (Public
17 Law 105–178), SAFETEA–LU (Public Law 109–59), or
18 other appropriations or authorization acts, in addition to
19 amounts already appropriated in fiscal year 2020 for
20 ‘‘Motor Carrier Safety Operations and Programs’’,
21 $238,500 in additional obligation limitation is provided
22 and repurposed for obligations incurred to support activi-
23 ties to prevent, prepare for, and respond to coronavirus:
24 Provided, That such amount is designated by the Congress
25 as being for an emergency requirement pursuant to section
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 FEDERAL RAILROAD ADMINISTRATION
4 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL
5 RAILROAD PASSENGER CORPORATION
6 (INCLUDING TRANSFER OF FUNDS)
7 For an additional amount for ‘‘Northeast Corridor
8 Grants to the National Railroad Passenger Corporation’’,
9 $1,392,085,000, to remain available until expended, to pre-
10 vent, prepare for, and respond to coronavirus, including to
11 enable the Secretary of Transportation to make or amend
12 existing grants to the National Railroad Passenger Cor-
13 poration for activities associated with the Northeast Cor-
14 ridor, as authorized by section 11101(a) of the Fixing
15 America’s Surface Transportation Act (division A of Public
16 Law 114–94): Provided, That not less than $219,610,000
17 of the amounts made available under this heading in this
18 Act and the ‘‘National Network Grants to the National
19 Railroad Passenger Corporation’’ heading in this Act shall
20 be made available for use by the National Railroad Pas-
21 senger Corporation in lieu of capital payments from States
22 and commuter rail passenger transportation providers sub-
23 ject to the cost allocation policy developed pursuant to sec-
24 tion 24905(c) of title 49, United States Code: Provided fur-
25 ther, That, notwithstanding sections 24319(g) and
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1 24905(c)(1)(A)(i) of title 49, United States Code, such use
2 of funds does not constitute cross-subsidization of commuter
3 rail passenger transportation: Provided further, That not
4 more than $91,800,000 of the amounts made available
5 under this heading in this Act shall be made available for
6 use by the National Railroad Passenger Corporation to
7 repay or prepay debt incurred by the National Railroad
8 Passenger Corporation under financing arrangements en-
9 tered into prior to the enactment of this Act and to pay
10 required reserves, costs, and fees related to such debt, includ-
11 ing for loans from the Department of Transportation and
12 loans that would otherwise have been paid from National
13 Railroad Passenger Corporation revenues: Provided further,
14 That the Secretary may retain up to $4,890,000 of the
15 amounts made available under both this heading in this
16 Act and the ‘‘National Network Grants to the National
17 Railroad Passenger Corporation’’ heading in this Act to
18 fund the costs of project management and oversight of ac-
19 tivities authorized by section 11101(c) of the Fixing Amer-
20 ica’s Surface Transportation Act (division A of Public Law
21 114–94): Provided further, That $1,000,000 of the amounts
22 made available under both this heading in this Act and the
23 ‘‘National Network Grants to the National Railroad Pas-
24 senger Corporation’’ heading in this Act shall be transferred
25 to ‘‘National Railroad Passenger Corporation—Office of
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1 Inspector General—Salaries and Expenses’’ for conducting
2 audits and investigations of projects and activities carried
3 out with amounts made available in this Act and in title
4 XII of division B of the Coronavirus Aid, Relief, and Eco-
5 nomic Security Act (Public Law 116–136) under the head-
6 ings ‘‘Northeast Corridor Grants to the National Railroad
7 Passenger Corporation’’ and ‘‘National Network Grants to
8 the National Railroad Passenger Corporation’’: Provided
9 further, That amounts made available under this heading
10 in this Act may be transferred to and merged with ‘‘Na-
11 tional Network Grants to the National Railroad Passenger
12 Corporation’’ to prevent, prepare for, and respond to
13 coronavirus: Provided further, That such amount is des-
14 ignated by the Congress as being for an emergency require-
15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
16 Budget and Emergency Deficit Control Act of 1985.
17 NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD
18 PASSENGER CORPORATION
19 (INCLUDING TRANSFER OF FUNDS)
20 For an additional amount for ‘‘National Network
21 Grants to the National Railroad Passenger Corporation’’,
22 $1,007,915,000, to remain available until expended, to pre-
23 vent, prepare for, and respond to coronavirus, including to
24 enable the Secretary of Transportation to make or amend
25 existing grants to the National Railroad Passenger Cor-
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1 poration for activities associated with the National Network
2 as authorized by section 11101(b) of the Fixing America’s
3 Surface Transportation Act (division A of Public Law 114–
4 94): Provided, That not less than $349,700,000 of the
5 amounts made available under this heading in this Act
6 shall be made available for use by the National Railroad
7 Passenger Corporation to be apportioned toward State pay-
8 ments required by the cost methodology policy adopted pur-
9 suant to section 209 of the Passenger Rail Investment and
10 Improvement Act of 2008 (Public Law 110–432): Provided
11 further, That a State-supported route’s share of such fund-
12 ing under the preceding proviso shall consist of (1) 7 per-
13 cent of the costs allocated to the route in fiscal year 2019
14 under the cost methodology policy adopted pursuant to sec-
15 tion 209 of the Passenger Rail Investment and Improve-
16 ment Act of 2008 (Public Law 110–432), and (2) any re-
17 maining amounts under the preceding proviso shall be ap-
18 portioned to a route in proportion to its passenger revenue
19 and other revenue allocated to a State-supported route in
20 fiscal year 2019 divided by the total passenger revenue and
21 other revenue allocated to all State-supported routes in fis-
22 cal year 2019: Provided further, That State-supported
23 routes which terminated service on or before February 1,
24 2020, shall not be included in the cost and revenue calcula-
25 tions made pursuant to the preceding proviso: Provided fur-
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1 ther, That amounts made available under this heading in
2 this Act may be transferred to and merged with ‘‘Northeast
3 Corridor Grants to the National Railroad Passenger Cor-
4 poration’’ to prevent, prepare for, and respond to
5 coronavirus: Provided further, That such amount is des-
6 ignated by the Congress as being for an emergency require-
7 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
8 Budget and Emergency Deficit Control Act of 1985.
9 FEDERAL TRANSIT ADMINISTRATION
10 TRANSIT INFRASTRUCTURE GRANTS
11 For an additional amount for ‘‘Transit Infrastructure
12 Grants’’, $32,000,000,000, to remain available until ex-
13 pended, to prevent, prepare for, and respond to coronavirus:
14 Provided, That of the amounts appropriated under this
15 heading in this Act—
16 (1) $18,500,000,000 shall be for grants to recipi-
17 ents eligible under chapter 53 of title 49, United
18 States Code, and administered as if such funds were
19 provided under section 5307 of title 49, United States
20 Code (apportioned in accordance with section 5336 of
21 such title (other than subsections (h)(1) and (h)(4))),
22 and section 5337 of title 49, United States Code (ap-
23 portioned in accordance with such section), except
24 that funds apportioned under section 5337 shall be
25 added to funds apportioned under 5307 for adminis-
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1 tration under 5307: Provided, That the Secretary
2 shall allocate the amounts provided in the preceding
3 proviso under sections 5307 and 5337 of title 49,
4 United States Code, in the same ratio as funds were
5 provided under Public Law 116–94 and shall allocate
6 such amounts not later than 14 days after enactment
7 of this Act: Provided further, That the amounts allo-
8 cated to any urbanized area from amounts made
9 available under this heading in this Act when com-
10 bined with the amounts allocated to each such urban-
11 ized area from funds appropriated under this heading
12 in title XIII of division B of the CARES Act (Public
13 Law 116–136) may not exceed more than 100 percent
14 of any recipient’s 2018 operating costs based on data
15 contained in the National Transit Database: Provided
16 further, That for any urbanized area for which the
17 calculation in the previous proviso exceeds 100 per-
18 cent of the urbanized area’s 2018 operating costs, the
19 Secretary shall distribute funds in excess of such per-
20 cent to urbanized areas for which the calculation in
21 the previous proviso does not exceed 100 percent in
22 the same proportion as amounts allocated under the
23 first proviso of this paragraph;
24 (2) $2,500,000,000 shall be for grants under sec-
25 tion 5309 of title 49, United States Code: Provided,
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1 That of the amounts provided under this para-
2 graph—
3 (A) $1,950,000,000 shall be for grants to re-
4 cipients that received an allocation under section
5 5309 of title 49, United States Code, for fiscal
6 year 2019 or fiscal year 2020 as of the date of
7 enactment of this Act: Provided, That the Sec-
8 retary shall calculate each recipient’s non-Cap-
9 ital Investment Grant financial commitment for
10 fiscal years 2019 and 2020 as a percentage of the
11 non-Capital Investment Grant financial commit-
12 ments of all projects for such fiscal years and
13 shall proportionally allocate such funds within
14 14 days of enactment of this Act: Provided fur-
15 ther, That any recipient with a project open for
16 revenue service for which they received a con-
17 struction grant agreement are not eligible for
18 funds provided under this paragraph; and
19 (B) $400,000,000 shall be for grants to re-
20 cipients that receive an allocation of fiscal year
21 2019 or fiscal year 2020 funds after the date of
22 enactment of this Act under section 5309 of title
23 49, United States Code: Provided, That such
24 grants shall be allocated to such recipients in
25 proportion to the allocation of fiscal year 2019
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1 or fiscal 2020 funds provided to all projects allo-
2 cated funding after the date of enactment of this
3 Act; and
4 (C) no more than $150,000,000 for any re-
5 cipient of a grant under section 5309(h) of title
6 49, United States Code, that may need addi-
7 tional assistance in completing a project that has
8 received a grant agreement and shall issue a No-
9 tice of Funding Opportunity for amounts made
10 available for projects eligible under section
11 5309(h) of title 49, United States Code, not later
12 than 120 days after the date of enactment of this
13 Act:
14 Provided further, That if amounts remain available
15 after distributing funds under this paragraph, such
16 amounts shall be added to the amounts made avail-
17 able under paragraph (5) under this heading: Pro-
18 vided further, That amounts made available under
19 this paragraph shall not be included in any calcula-
20 tion of the maximum amount of Federal financial as-
21 sistance for the project under section 5309(k)(2)(C)(ii)
22 or 5309(h)(7) of title 49, United States Code nor
23 should they be subject to provisions in sections
24 5309(a)(7)(A) or 5309(l)(1)(B)(ii) of such title;
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1 (3) $250,000,000 shall be for grants to recipients
2 or subrecipients eligible under section 5310 of title 49,
3 United States Code, and the Secretary of Transpor-
4 tation shall apportion such funds in accordance with
5 such section: Provided, That the Secretary shall allo-
6 cate such funds in the same ratio as funds were pro-
7 vided in Public Law 116–94 and shall allocate such
8 funds not later than 14 days after the date of enact-
9 ment of this Act;
10 (4) $750,000,000 shall be for grants to recipients
11 or subrecipients eligible under section 5311 of title 49,
12 United States Code (other than subsection (b)(3) and
13 (c)(1)(A)), and the Secretary of Transportation shall
14 apportion such funds in accordance with such section:
15 Provided, That the Secretary shall allocate these
16 amounts in the same ratio as funds were provided in
17 Public Law 116–94 and shall allocate funds within
18 14 days of enactment of this Act; and
19 (5) $10,000,000,000 shall be for grants to eligible
20 recipients or subrecipients of funds under chapter 53
21 of title 49, United States Code, that, as a result of
22 coronavirus, require additional assistance to main-
23 tain operations: Provided, That such funds shall be
24 administered as if they were provided under section
25 5324 of title 49, United States Code: Provided further,
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1 That any recipient or subrecipient of funds under
2 chapter 53 of title 49, United States Code, or an
3 intercity bus service provider that has, since October
4 1, 2018, partnered with a recipient or subrecipient in
5 order to meet the requirements of section 5311(f) of
6 such title shall be eligible to directly apply for funds
7 under this paragraph: Provided further, That entities
8 that have partnered with a recipient or subrecipient
9 in order to meet the requirements of section 5311(f)
10 of such title shall be eligible to receive not more than
11 7.5 percent of the total funds provided under this
12 paragraph and shall use assistance provided under
13 this paragraph only for workforce retention or the re-
14 call or rehire of any laid off, furloughed, or termi-
15 nated employee associated with the provision of inter-
16 city bus service including, but not limited to, service
17 eligible for funding under section 5311(f) of title 49,
18 United States Code: Provided further, That when
19 evaluating applications of intercity bus service assist-
20 ance, the Secretary shall give priority to preserving
21 national and regional intercity bus networks and the
22 rural services that make meaningful connections to
23 those networks: Provided further, That the Secretary
24 shall issue a Notice of Funding Opportunity not later
25 than 120 days after the date of enactment of this Act
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1 that requires applications to be submitted not later
2 than 180 days after the date of enactment of this Act:
3 Provided further, That the Secretary shall make
4 awards not later than 60 days after the application
5 deadline: Provided further, That the Secretary shall
6 require grantees to provide estimates of financial
7 need, data on reduced ridership, and a spending plan
8 for funds: Provided further, That when evaluating ap-
9 plications for assistance to transit agencies, the Sec-
10 retary shall give priority to agencies in urbanized
11 areas that received less than 100 percent of their 2018
12 operating expenses from the funds appropriated in
13 paragraph (1) combined with the funds appropriated
14 under this heading in title XII of division B of the
15 CARES Act (Public Law 116–136), and transit agen-
16 cies with the largest revenue loss as a percentage of
17 the agency’s 2018 operating expenses: Provided fur-
18 ther, That States may apply on behalf of a recipient,
19 a subrecipient, or a group of recipients or subrecipi-
20 ents: Provided further, That if applications for assist-
21 ance do not exceed available funds, the Secretary shall
22 reserve the remaining amounts for grantees to pre-
23 vent, prepare for, and respond to coronavirus and
24 shall accept applications on a rolling basis: Provided
25 further, That if amounts made available under this
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1 paragraph remain unobligated on December 31, 2021,
2 such amounts shall be available for any purpose eligi-
3 ble under section 5324 of title 49, United States Code:
4 Provided further, That the Secretary shall not waive the
5 requirements of section 5333 of title 49, United States Code,
6 for funds appropriated under this heading in this Act or
7 for funds previously made available under section 5307 of
8 title 49, United States Code, or sections 5310, 5311, 5337,
9 or 5340 of such title as a result of the coronavirus: Provided
10 further, That the provision of funds under this heading in
11 this Act shall not affect the ability of any other agency of
12 the Government, including the Federal Emergency Manage-
13 ment Agency, a State agency, or a local governmental enti-
14 ty, organization, or person, to provide any other funds oth-
15 erwise authorized by law: Provided further, That notwith-
16 standing subsection (a)(1) or (b) of section 5307 of title 49,
17 United States Code, subsection (a)(1) of section 5324 of such
18 title, or any provision of chapter 53 of title 49, funds pro-
19 vided under this heading in this Act are available for the
20 operating expenses of transit agencies related to the response
21 to a coronavirus public health emergency, including, begin-
22 ning on January 20, 2020, reimbursement for operating
23 costs to maintain service and lost revenue due to the
24 coronavirus public health emergency, including the pur-
25 chase of personal protective equipment, and paying the ad-
•HR 925 EAH
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1 ministrative leave of operations or contractor personnel due
2 to reductions in service: Provided further, That to the max-
3 imum extent possible, funds made available under this
4 heading in this Act and in title XII of division B of the
5 CARES Act (Public Law 116–136) shall be directed to pay-
6 roll and public transit, unless the recipient certifies to the
7 Secretary that the recipient has not furloughed any employ-
8 ees: Provided further, That such operating expenses are not
9 required to be included in a transportation improvement
10 program, long-range transportation plan, statewide trans-
11 portation plan, or a statewide transportation improvement
12 program: Provided further, That grants made under this
13 heading in this Act and in title XII of division B of the
14 CARES Act (Public Law 116–136) to recipients or sub-
15 recipients may be used to make payments to contractors
16 providing transit operations service or maintenance of roll-
17 ing stock, right of way and/or stations at pre-COVID-19
18 service billing levels in such amounts as existed on Feb-
19 ruary 3, 2020, even if such service was reduced due to the
20 COVID-19 public health emergency: Provided further, That
21 the preceding proviso may only apply if a contractor con-
22 tinuously retains its full and part-time workforce at their
23 previous full or part-time status, and/or, where applicable,
24 beginning on the date that employees of the contractor are
25 able to return to work at their previous full or part-time
•HR 925 EAH
224
1 status that it laid off, furloughed or terminated as a result
2 of the COVID-19 public health emergency, or its effects,
3 under the terms of any applicable collective bargaining
4 agreement: Provided further, That private providers of pub-
5 lic transportation may be considered eligible sub-recipients
6 of funding provided under this heading: Provided further,
7 That unless otherwise specified, applicable requirements
8 under chapter 53 of title 49, United States Code, shall
9 apply to funding made available under this heading in this
10 Act, except that the Federal share of the costs for which any
11 grant is made under this heading in this Act shall be, at
12 the option of the recipient, up to 100 percent: Provided fur-
13 ther, That the amount made available under this heading
14 in this Act shall be derived from the general fund and shall
15 not be subject to any limitation on obligations for transit
16 programs set forth in any Act: Provided further, That not
17 more than one-half of one percent of the funds for transit
18 infrastructure grants, but not to exceed $125,000,000, pro-
19 vided under this heading in this Act shall be available for
20 administrative expenses and ongoing program management
21 oversight as authorized under sections 5334 and 5338(f)(2)
22 of title 49, United States Code, and shall be in addition
23 to any other appropriations for such purpose: Provided fur-
24 ther, That such amount is designated by the Congress as
25 being for an emergency requirement pursuant to section
•HR 925 EAH
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1 251(b)(2)(A)(i) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985.
3 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
4 OPERATIONS AND MAINTENANCE
5 (HARBOR MAINTENANCE TRUST FUND)
6 For necessary expenses to conduct the operations,
7 maintenance, and capital infrastructure activities of the
8 Seaway International Bridge, $1,500,000, to be derived
9 from the Harbor Maintenance Trust Fund pursuant to sec-
10 tion 210 of the Water Resources Development Act of 1986
11 (33 U.S.C. 2238), to prevent, prepare for, and respond to
12 coronavirus: Provided, That such amount is designated by
13 the Congress as being for an emergency requirement pursu-
14 ant to section 251(b)(2)(A)(i) of the Balanced Budget and
15 Emergency Deficit Control Act of 1985.
16 OFFICE OF INSPECTOR GENERAL
17 SALARIES AND EXPENSES
18 For an additional amount for ‘‘Office of Inspector
19 General’’, $5,000,000, to remain available until expended,
20 to prevent, prepare for, and respond to coronavirus: Pro-
21 vided, That the funding made available under this heading
22 in this Act shall be used for conducting audits and inves-
23 tigations of projects and activities carried out by the De-
24 partment of Transportation to prevent, prepare for, and re-
25 spond to coronavirus: Provided further, That such amount
•HR 925 EAH
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1 is designated by the Congress as being for an emergency
2 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
3 anced Budget and Emergency Deficit Control Act of 1985.
4 DEPARTMENT OF HOUSING AND URBAN
5 DEVELOPMENT
6 PUBLIC AND INDIAN HOUSING
7 TENANT-BASED RENTAL ASSISTANCE
8 (INCLUDING TRANSFER OF FUNDS)
9 For an additional amount for ‘‘Tenant-Based Rental
10 Assistance’’, $4,000,000,000, to remain available until ex-
11 pended, and to be used under the same authority and condi-
12 tions as the additional appropriations for fiscal year 2020
13 under this heading in title XII of division B of the CARES
14 Act (Public Law 116–136), except that any amounts pro-
15 vided for administrative expenses and other expenses of
16 public housing agencies for their section 8 programs, in-
17 cluding Mainstream vouchers, under this heading in the
18 CARES Act (Public Law 116–136) and under this heading
19 in this Act shall also be available for Housing Assistance
20 Payments under section 8(o) of the United States Housing
21 Act of 1937 (42 U.S.C. 1437f(o)): Provided, That amounts
22 made available under this heading in this Act and under
23 the same heading in title XII of division B of the CARES
24 Act may be used to cover or reimburse allowable costs in-
25 curred to prevent, prepare for, and respond to coronavirus
•HR 925 EAH
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1 regardless of the date on which such costs were incurred:
2 Provided further, That of the amounts made available
3 under this heading in this Act, $500,000,000 shall be avail-
4 able for administrative expenses and other expenses of pub-
5 lic housing agencies for their section 8 programs, including
6 Mainstream vouchers: Provided further, That of the
7 amounts made available under this heading in this Act,
8 $2,500,000,000 shall be available for adjustments in the cal-
9 endar year 2020 or 2021 section 8 renewal funding alloca-
10 tions, including Mainstream vouchers, for public housing
11 agencies that experience a significant increase in voucher
12 per-unit costs due to extraordinary circumstances or that,
13 despite taking reasonable cost savings measures, as deter-
14 mined by the Secretary, would otherwise be required to ter-
15 minate rental assistance for families as a result of insuffi-
16 cient funding: Provided further, That of the amounts made
17 available under this heading in this Act, $1,000,000,000
18 shall be used for incremental rental voucher assistance
19 under section 8(o) of the United States Housing Act of 1937
20 for use by individuals and families who are—homeless, as
21 defined under section 103(a) of the McKinney-Vento Home-
22 less Assistance Act (42 U.S.C. 11302(a)); at risk of home-
23 lessness, as defined under section 401(1) of the McKinney-
24 Vento Homeless Assistance Act (42 U.S.C. 11360(1)); or
25 fleeing, or attempting to flee, domestic violence, dating vio-
•HR 925 EAH
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1 lence, sexual assault, or stalking: Provided further, That the
2 Secretary shall allocate amounts made available in the pre-
3 ceding proviso to public housing agencies not later than 60
4 days after the date of enactment of this Act, according to
5 a formula that considers the ability of the public housing
6 agency to use vouchers promptly and the need of geo-
7 graphical areas based on factors to be determined by the
8 Secretary, such as risk of transmission of coronavirus, high
9 numbers or rates of sheltered and unsheltered homelessness,
10 and economic and housing market conditions: Provided fur-
11 ther, That if a public housing authority elects not to admin-
12 ister or does not promptly issue all of its authorized vouch-
13 ers within a reasonable period of time, the Secretary shall
14 reallocate any unissued vouchers and associated funds to
15 other public housing agencies according to the criteria in
16 the preceding proviso: Provided further, That a public hous-
17 ing agency shall not reissue any vouchers under this head-
18 ing in this Act for incremental rental voucher assistance
19 when assistance for the family initially assisted is termi-
20 nated: Provided further, That upon termination of incre-
21 mental rental voucher assistance under this heading in this
22 Act for one or more families assisted by a public housing
23 agency, the Secretary shall reallocate amounts that are no
24 longer needed by such public housing agency for assistance
25 under this heading in this Act to another public housing
•HR 925 EAH
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1 agency for the renewal of vouchers previously authorized
2 under this heading in this Act: Provided further, That
3 amounts made available in this paragraph are in addition
4 to any other amounts made available for such purposes:
5 Provided further, That up to 0.5 percent of the amounts
6 made available under this heading in this Act may be
7 transferred, in aggregate, to ‘‘Department of Housing and
8 Urban Development, Program Offices—Public and Indian
9 Housing’’ to supplement existing resources for the necessary
10 costs of administering and overseeing the obligation and ex-
11 penditure of these amounts, to remain available until Sep-
12 tember 30, 2024: Provided further, That such amount is des-
13 ignated by the Congress as being for an emergency require-
14 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
15 Budget and Emergency Deficit Control Act of 1985.
16 PUBLIC HOUSING OPERATING FUND
17 (INCLUDING TRANSFER OF FUNDS)
18 For an additional amount for ‘‘Public Housing Oper-
19 ating Fund’’, as authorized by section 9(e) of the United
20 States Housing Act of 1937 (42 U.S.C. 1437g(e)),
21 $2,000,000,000, to be used under the same authority and
22 conditions as the additional appropriations for fiscal year
23 2020 under this heading in title XII of division B of the
24 CARES Act (Public Law 116–136): Provided, That
25 amounts made available under this heading in this Act and
•HR 925 EAH
230
1 under the same heading in title XII of division B of the
2 CARES Act may be used to cover or reimburse allowable
3 costs incurred to prevent, prepare for, and respond to
4 coronavirus regardless of the date on which such costs were
5 incurred: Provided further, That up to 0.5 percent of the
6 amounts made available under this heading in this Act may
7 be transferred, in aggregate, to ‘‘Department of Housing
8 and Urban Development, Program Offices—Public and In-
9 dian Housing’’ to supplement existing resources for the nec-
10 essary costs of administering and overseeing the obligation
11 and expenditure of these amounts, to remain available until
12 September 30, 2024: Provided further, That such amount
13 is designated by the Congress as being for an emergency
14 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
15 anced Budget and Emergency Deficit Control Act of 1985.
16 NATIVE AMERICAN PROGRAMS
17 (INCLUDING TRANSFER OF FUNDS)
18 For an additional amount for ‘‘Native American Pro-
19 grams’’, $400,000,000, to remain available until September
20 30, 2024, and to be used under the same authority and con-
21 ditions as the additional appropriations for fiscal year
22 2020 under this heading in title XII of division B of the
23 Coronavirus Aid, Relief, and Economic Security Act (Pub-
24 lic Law 116–136): Provided, That the amounts made avail-
25 able under this heading in this Act are as follows:
•HR 925 EAH
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1 (1) Up to $150,000,000 shall be available for the
2 Native American Housing Block Grants program, as
3 authorized under title I of the Native American Hous-
4 ing Assistance and Self-Determination Act of 1996
5 (25 U.S.C. 4111 et seq.); and
6 (2) Not less than $250,000,000 shall be available
7 for grants to Indian tribes under the Indian Commu-
8 nity Development Block Grant program under title I
9 of the Housing and Community Development Act of
10 1974 (42 U.S.C. 5306(a)(1)), notwithstanding section
11 106(a)(1) of such Act, for emergencies that constitute
12 imminent threats to health and safety:
13 Provided further, That amounts made available under
14 paragraph (1) under this heading in title XII of division
15 B of the Coronavirus Aid, Relief, and Economic Security
16 Act (Public Law 116–136) which are allocated to Indian
17 tribes or tribally designated housing entities, and which are
18 not accepted, are voluntarily returned, or otherwise recap-
19 tured for any reason, may be used by the Secretary to make
20 awards under paragraph (2) under this heading in title XII
21 of division B of the Coronavirus Aid, Relief, and Economic
22 Security Act (Public Law 116–136), in addition to
23 amounts otherwise available for such purposes: Provided
24 further, That up to one-half of 1 percent of the amounts
25 made available under this heading in this Act may be
•HR 925 EAH
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1 transferred, in aggregate, to ‘‘Department of Housing and
2 Urban Development, Program Offices—Public and Indian
3 Housing’’ for necessary costs of administering and over-
4 seeing the obligation and expenditure of such amounts and
5 of amounts made available under this heading in title XII
6 of division B of the Coronavirus Aid, Relief, and Economic
7 Security Act (Public Law 116–136), to remain available
8 until September 30, 2029, in addition to any other amounts
9 made available for such purposes: Provided further, That
10 such amount is designated by the Congress as being for an
11 emergency requirement pursuant to section 251(b)(2)(A)(i)
12 of the Balanced Budget and Emergency Deficit Control Act
13 of 1985.
14 COMMUNITY PLANNING AND DEVELOPMENT
15 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
16 (INCLUDING TRANSFER OF FUNDS)
17 For an additional amount for ‘‘Housing Opportunities
18 for Persons with AIDS’’, $65,000,000, to be used under the
19 same authority and conditions as the additional appropria-
20 tions for fiscal year 2020 under this heading in title XII
21 of division B of the CARES Act (Public Law 116–136):
22 Provided, That amounts provided under this heading in
23 this Act that are allocated pursuant to section 854(c)(5) of
24 the AIDS Housing Opportunity Act (42 U.S.C. 12901 et
25 seq.) shall remain available until September 30, 2022: Pro-
•HR 925 EAH
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1 vided further, That not less than $15,000,000 of the amount
2 provided under this heading in this Act shall be allocated
3 pursuant to the formula in section 854 of such Act using
4 the same data elements as utilized pursuant to that same
5 formula in fiscal year 2020: Provided further, That up to
6 0.5 percent of the amounts made available under this head-
7 ing in this Act may be transferred to ‘‘Department of Hous-
8 ing and Urban Development—Program Offices—Commu-
9 nity Planning and Development’’ for necessary costs of ad-
10 ministering and overseeing the obligation and expenditure
11 of amounts under this heading in this Act, to remain avail-
12 able until September 30, 2030: Provided further, That such
13 amount is designated by the Congress as being for an emer-
14 gency requirement pursuant to section 251(b)(2)(A)(i) of
15 the Balanced Budget and Emergency Deficit Control Act
16 of 1985.
17 COMMUNITY DEVELOPMENT FUND
18 (INCLUDING TRANSFER OF FUNDS)
19 For an additional amount for ‘‘Community Develop-
20 ment Fund’’, $5,000,000,000, to remain available until
21 September 30, 2023, and to be used under the same author-
22 ity and conditions as the additional appropriations for fis-
23 cal year 2020 under this heading in title XII of division
24 B of the CARES Act (Public Law 116–136): Provided, That
25 such amount made available under this heading in this Act
•HR 925 EAH
234
1 shall be distributed pursuant to section 106 of the Housing
2 and Community Development Act of 1974 (42 U.S.C. 5306)
3 to grantees that received allocations pursuant to such for-
4 mula in fiscal year 2020, and that such allocations shall
5 be made within 30 days of enactment of this Act: Provided
6 further, That in administering funds under this heading,
7 an urban county shall consider needs throughout the entire
8 urban county configuration to prevent, prepare for, and re-
9 spond to coronavirus: Provided further, That up to
10 $100,000,000 of amounts made available under this heading
11 in this Act may be used to make new awards or increase
12 prior awards to existing technical assistance providers: Pro-
13 vided further, That of the amounts made available under
14 this heading in this Act, up to $25,000,000 may be trans-
15 ferred to ‘‘Department of Housing and Urban Development,
16 Program Offices—Community Planning and Development’’
17 for necessary costs of administering and overseeing the obli-
18 gation and expenditure of amounts under this heading in
19 this Act, to remain available until September 30, 2028: Pro-
20 vided further, That such amount is designated by the Con-
21 gress as being for an emergency requirement pursuant to
22 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
23 gency Deficit Control Act of 1985.
•HR 925 EAH
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1 HOMELESS ASSISTANCE GRANTS
2 (INCLUDING TRANSFER OF FUNDS)
3 For an additional amount for ‘‘Homeless Assistance
4 Grants’’, $5,000,000,000, to remain available until Sep-
5 tember 30, 2025, for the Emergency Solutions Grants pro-
6 gram as authorized under subtitle B of title IV of the
7 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371
8 et seq.), as amended, and to be used under the same author-
9 ity and conditions as the additional appropriations for fis-
10 cal year 2020 under this heading in title XII of division
11 B of the CARES Act (Public Law 116–136): Provided, That
12 $3,000,000,000 of the amount made available under this
13 heading in this Act shall be distributed pursuant to 24 CFR
14 576.3 to grantees that received allocations pursuant to that
15 same formula in fiscal year 2020, and that such allocations
16 shall be made within 30 days of enactment of this Act: Pro-
17 vided further, That, in addition to amounts allocated in
18 the preceding proviso, remaining amounts shall be allocated
19 directly to a State or unit of general local government by
20 the formula specified in the third proviso under this head-
21 ing in title XII of division B of the CARES Act (Public
22 Law 116–136): Provided further, That not later than 90
23 days after the date of enactment of this Act and every 60
24 days thereafter, the Secretary shall allocate a minimum of
25 an additional $500,000,000, pursuant to the formula re-
•HR 925 EAH
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1 ferred to in the preceding proviso, based on the best avail-
2 able data: Provided further, That up to 0.5 percent of the
3 amounts made available under this heading in this Act may
4 be transferred to ‘‘Department of Housing and Urban De-
5 velopment—Program Offices—Community Planning and
6 Development’’ for necessary costs of administering and
7 overseeing the obligation and expenditure of amounts under
8 this heading in this Act, to remain available until Sep-
9 tember 30, 2030: Provided further, That funds made avail-
10 able under this heading in this Act and under this heading
11 in title XII of division B of the CARES Act (Public Law
12 116–136) may be used for eligible activities the Secretary
13 determines to be critical in order to assist survivors of do-
14 mestic violence, sexual assault, dating violence, and stalking
15 or to assist homeless youth, age 24 and under: Provided fur-
16 ther, That a grantee, when contracting with service pro-
17 viders engaged directly in the provision of services to home-
18 less persons served by the program, shall, to the extent prac-
19 ticable, enter into contracts in amounts that cover the ac-
20 tual total program costs and administrative overhead to
21 provide the services contracted: Provided further, That
22 amounts repurposed by this paragraph that were previously
23 designated by the Congress as an emergency requirement
24 pursuant to the Balanced Budget and Emergency Deficit
25 Control Act of 1985 are designated by the Congress as an
•HR 925 EAH
237
1 emergency requirement pursuant to section 251(b)(2)(A)(i)
2 of the Balanced Budget and Emergency Deficit Control Act
3 of 1985: Provided further, That such amount is designated
4 by the Congress as being for an emergency requirement pur-
5 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
6 Emergency Deficit Control Act of 1985.
7 EMERGENCY RENTAL ASSISTANCE
8 For activities and assistance authorized in section 201
9 of division O of this Act (the ‘‘COVID–19 HERO ACT’’),
10 $50,000,000,000, to remain available until expended: Pro-
11 vided, That such amount is designated by the Congress as
12 being for an emergency requirement pursuant to section
13 251(b)(2)(A)(i) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15 HOUSING PROGRAMS
16 PROJECT-BASED RENTAL ASSISTANCE
17 (INCLUDING TRANSFER OF FUNDS)
18 For an additional amount for ‘‘Project-Based Rental
19 Assistance’’, $750,000,000, to remain available until ex-
20 pended, and to be used under the same authority and condi-
21 tions as the additional appropriations for fiscal year 2020
22 under this heading in title XII of division B of the CARES
23 Act (Public Law 116–136): Provided, That up to 0.5 per-
24 cent of the amounts made available under this heading in
25 this Act may be transferred to ‘‘Department of Housing and
•HR 925 EAH
238
1 Urban Development—Program Offices—Office of Housing’’
2 for necessary costs of administering and overseeing the obli-
3 gation and expenditure of amounts under this heading in
4 this Act, to remain available until September 30, 2030: Pro-
5 vided further, That such amount is designated by the Con-
6 gress as being for an emergency requirement pursuant to
7 section 251(b)(2)(A)(i) of the Balanced Budget and Emer-
8 gency Deficit Control Act of 1985.
9 HOUSING FOR THE ELDERLY
10 (INCLUDING TRANSFER OF FUNDS)
11 For an additional amount for ‘‘Housing for the Elder-
12 ly’’, $500,000,000, to remain available until September 30,
13 2023, and to be used under the same authority and condi-
14 tions as the additional appropriations for fiscal year 2020
15 under this heading in title XII of division B of the CARES
16 Act (Public Law 116–136): Provided, That notwithstanding
17 the first proviso under this heading in the CARES Act,
18 $300,000,000 of the amount made available under this
19 heading in this Act shall be for one-time grants for service
20 coordinators, as authorized under section 676 of the Hous-
21 ing and Community Development Act of 1992 (42 U.S.C.
22 13632), and the continuation of existing congregate service
23 grants for residents of assisted housing projects: Provided
24 further, That up to 0.5 percent of the amounts made avail-
25 able under this heading in this Act may be transferred to
•HR 925 EAH
239
1 ‘‘Department of Housing and Urban Development—Pro-
2 gram Offices—Office of Housing’’ for necessary costs of ad-
3 ministering and overseeing the obligation and expenditure
4 of amounts under this heading in this Act, to remain avail-
5 able until September 30, 2030: Provided further, That such
6 amount is designated by the Congress as being for an emer-
7 gency requirement pursuant to section 251(b)(2)(A)(i) of
8 the Balanced Budget and Emergency Deficit Control Act
9 of 1985.
10 HOUSING FOR PERSONS WITH DISABILITIES
11 (INCLUDING TRANSFER OF FUNDS)
12 For an additional amount for ‘‘Housing for Persons
13 with Disabilities’’, $45,000,000, to remain available until
14 September 30, 2023, and to be used under the same author-
15 ity and conditions as the additional appropriations for fis-
16 cal year 2020 under this heading in title XII of division
17 B of the CARES Act (Public Law 116–136): Provided, That
18 up to 0.5 percent of the amounts made available under this
19 heading in this Act may be transferred to ‘‘Department of
20 Housing and Urban Development—Program Offices—Of-
21 fice of Housing’’ for necessary costs of administering and
22 overseeing the obligation and expenditure of amounts under
23 this heading in this Act, to remain available until Sep-
24 tember 30, 2030: Provided further, That such amount is des-
25 ignated by the Congress as being for an emergency require-
•HR 925 EAH
240
1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
2 Budget and Emergency Deficit Control Act of 1985.
3 FAIR HOUSING AND EQUAL OPPORTUNITY
4 FAIR HOUSING ACTIVITIES
5 (INCLUDING TRANSFER OF FUNDS)
6 For an additional amount for ‘‘Fair Housing Activi-
7 ties’’, $14,000,000, to remain available until September 30,
8 2022, and to be used under the same authority and condi-
9 tions as the additional appropriations for fiscal year 2020
10 under this heading in title XII of division B of the CARES
11 Act (Public Law 116–136): Provided, That of the funds
12 made available under this heading in this Act, $4,000,000
13 shall be for Fair Housing Organization Initiative grants
14 through the Fair Housing Initiatives Program (FHIP),
15 made available to existing grantees, which may be used for
16 fair housing activities and for technology and equipment
17 needs to deliver services through use of the Internet or other
18 electronic or virtual means in response to the public health
19 emergency related to the Coronavirus Disease 2019
20 (COVID–19) pandemic: Provided further, That of the funds
21 made available under this heading in this Act, $10,000,000
22 shall be for FHIP Education and Outreach grants made
23 available to previously-funded national media grantees and
24 State and local education and outreach grantees, to educate
25 the public and the housing industry about fair housing
•HR 925 EAH
241
1 rights and responsibilities during the COVID–19 pandemic:
2 Provided further, That such grants in the preceding proviso
3 shall be divided evenly between the national media cam-
4 paign and education and outreach activities: Provided fur-
5 ther, That up to 0.5 percent of the amounts made available
6 under this heading in this Act may be transferred to ‘‘De-
7 partment of Housing and Urban Development—Program
8 Offices—Fair Housing and Equal Opportunity’’ for nec-
9 essary costs of administering and overseeing the obligation
10 and expenditure of amounts under this heading in this Act,
11 to remain available until September 30, 2030: Provided fur-
12 ther, That such amount is designated by the Congress as
13 being for an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985.
16 OFFICE OF INSPECTOR GENERAL
17 For an additional amount for ‘‘Office of Inspector
18 General’’, $5,000,000, to remain available until expended,
19 to prevent, prepare for, and respond to coronavirus: Pro-
20 vided, That the funding made available under this heading
21 in this Act shall be used for conducting audits and inves-
22 tigations of projects and activities carried by the Depart-
23 ment of Housing and Urban Development to prevent, pre-
24 pare for, and respond to coronavirus: Provided further,
25 That such amount is designated by the Congress as being
•HR 925 EAH
242
1 for an emergency requirement pursuant to section
2 251(b)(2)(A)(i) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4 RELATED AGENCY
5 NEIGHBORHOOD REINVESTMENT CORPORATION
6 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT
7 CORPORATION
8 For an additional amount for ‘‘Payment to the Neigh-
9 borhood Reinvestment Corporation’’, $100,000,000, to re-
10 main available until expended, to the Neighborhood Rein-
11 vestment Corporation (‘‘NRC’’) for housing counseling for
12 households threatened with housing instability due to the
13 economic circumstances caused by the COVID-19 pandemic,
14 under the following terms and conditions:
15 (1) The NRC shall make grants to counseling
16 intermediaries approved by the Department of Hous-
17 ing and Urban Development (‘‘HUD’’) to provide
18 housing counseling assistance to help prevent and re-
19 spond to the displacement of residents due to eviction,
20 default of mortgages, or foreclosure of mortgages
21 (‘‘Housing Counseling Assistance’’). State Housing
22 Finance Agencies may also be eligible to receive
23 grants where they meet all the requirements under
24 this heading. NRC may target grants may to HUD-
25 approved counseling intermediaries and State Hous-
•HR 925 EAH
243
1 ing Finance Agencies based on their ability to serve
2 the most vulnerable communities, based on an anal-
3 ysis by the NRC of which areas are most impacted by
4 the economic circumstances caused by the COVID-19
5 pandemic.
6 (2) Housing Counseling Assistance shall be made
7 available to consumers facing housing instability
8 (‘‘Housing Counseling Clients’’). Housing Counseling
9 Clients will be provided such assistance that shall
10 consist of activities that are likely to prevent evictions
11 or foreclosures, and result in the long-term afford-
12 ability of the housing unit retained pursuant to such
13 activity or another positive outcome for the Housing
14 Counseling Client. No funds made available under
15 this heading may be provided directly to lenders, to
16 landlords, or to Housing Counseling Clients to dis-
17 charge outstanding rent or mortgage balances or for
18 any other direct debt reduction payments.
19 (3) Not less than 40 percent of grant funds made
20 available under this heading shall be provided to
21 counseling organizations that target Housing Coun-
22 seling Assistance to minority and low-income home-
23 owners, renters, individuals experiencing homeless-
24 ness, and individuals at risk of homelessness or pro-
25 vide such services in neighborhoods with high con-
•HR 925 EAH
244
1 centrations of minority and low-income homeowners,
2 renters, individuals experiencing homelessness, and
3 individuals at risk of homelessness.
4 (4) The delivery of Housing Counseling Assist-
5 ance as provided under this heading shall involve a
6 reasonable analysis of the Housing Counseling Cli-
7 ent’s financial situation, resources available to the
8 Housing Counseling Client, and advice on applicable
9 laws or rules regarding eviction protections, mortgage
10 forbearance, or foreclosure protection.
11 (5) NRC may provide up to 15 percent of the
12 Housing Counseling Assistance grant funds under
13 this heading to its own charter members with exper-
14 tise in housing counseling, subject to a certification
15 by the NRC that the procedures for selection do not
16 consist of any procedures or activities that could be
17 construed as an unacceptable conflict of interest or
18 have the appearance of impropriety.
19 (6) The HUD-approved counseling inter-
20 mediaries and State Housing Finance Agencies re-
21 ceiving funds under this heading shall have dem-
22 onstrated experience in housing counseling (including
23 foreclosure counseling, rental counseling, homelessness,
24 and/or financial counseling) and outreach. NRC may
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1 use other criteria to demonstrate capacity, particu-
2 larly in underserved areas.
3 (7) Of the total amount made available under
4 this heading, up to 4 percent of the amounts made
5 available under this heading in this Act may be made
6 available to support non-grant costs associated with
7 the Housing Counseling Assistance grants program,
8 including training, administrative costs, grant com-
9 pliance, and evaluation.
10 (8) The NRC shall build the relevant capacities
11 of HUD-approved counseling intermediaries and
12 State Housing Finance Agencies through a com-
13 prehensive training program of NRC training
14 courses, except that private financial institutions that
15 participate in NRC training shall pay market rates
16 for such training.
17 (9) Housing Counseling Assistance grants may
18 include a budget for outreach, advertising, technology,
19 reporting, training, sub-grantee oversight, and other
20 program-related support as determined by the NRC.
21 (10) The NRC shall report annually to the Com-
22 mittees on Appropriations of the House of Represent-
23 atives and the Senate as well as the Senate Banking
24 Committee and House Financial Services Committee
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1 on its efforts to mitigate housing instability caused by
2 the COVID-19 pandemic.
3 Provided, That such amount is designated by the Congress
4 as being for an emergency requirement pursuant to section
5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985.
7 GENERAL PROVISIONS—THIS TITLE
8 SEC. 1201. The provision under the heading ‘‘Office
9 of the Inspector General—Salaries and Expenses’’ in title
10 XII of division B of the Coronavirus Aid, Relief, and Eco-
11 nomic Security Act (Public Law 116–136) is amended by
12 striking ‘‘with funds made available in this Act to’’ and
13 inserting ‘‘by’’: Provided, That the amounts repurposed in
14 this section that were previously designated by the Congress
15 as an emergency requirement pursuant to the Balanced
16 Budget and Emergency Deficit Control Act of 1985 are des-
17 ignated by the Congress as an emergency requirement pur-
18 suant to section 251(b)(2)(A)(i) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985.
20 SEC. 1202. Amounts made available under the head-
21 ings ‘‘Project-Based Rental Assistance’’, ‘‘Housing for the
22 Elderly’’ and ‘‘Housing for Persons With Disabilities’’ in
23 title XII of division B of the CARES Act (Public Law 116–
24 136) and under such headings in this title of this Act may
25 be used, notwithstanding any other provision of law, to pro-
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1 vide additional funds to maintain operations for such hous-
2 ing, for providing supportive services, and for taking other
3 necessary actions to prevent, prepare for, and respond to
4 coronavirus, including to actions to self-isolate, quarantine,
5 or to provide other coronavirus infection control services as
6 recommended by the Centers for Disease Control and Pre-
7 vention, including providing relocation services for resi-
8 dents of such housing to provide lodging at hotels, motels,
9 or other locations: Provided, That the amounts repurposed
10 pursuant to this section that were previously designated by
11 the Congress as an emergency requirement pursuant to the
12 Balanced Budget and Emergency Deficit Control Act of
13 1985 are designated by the Congress as an emergency re-
14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
15 anced Budget and Emergency Deficit Control Act of 1985.
16 SEC. 1203. Amounts made available in this Act under
17 the headings ‘‘Northeast Corridor Grants to the National
18 Railroad Passenger Corporation’’ and ‘‘National Network
19 Grants to the National Railroad Passenger Corporation’’
20 shall be used under the same conditions as section 22002
21 of title XII of division B of the Coronavirus Aid, Relief,
22 and Economic Security Act (Public Law 116–136): Pro-
23 vided, That the amounts made available in this Act under
24 such headings shall be used by the National Railroad Pas-
25 senger Corporation to prevent employee furloughs as a re-
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1 sult of efforts to prevent, prepare for, and respond to
2 coronavirus: Provided further, That none of the funds made
3 available in this Act under such headings may be used by
4 the National Railroad Passenger Corporation to reduce the
5 frequency of rail service on any long-distance route (as de-
6 fined in section 24102 of title 49, United States Code) below
7 frequencies for such routes in fiscal year 2019, except in
8 an emergency or during maintenance or construction out-
9 ages impacting such routes: Provided further, That the
10 coronavirus shall not qualify as an emergency in the pre-
11 ceding proviso.
12 SEC. 1204. For fiscal year 2021, in addition to pay-
13 ments made pursuant to 53106 of title 46, United States
14 Code, the Secretary of Transportation shall pay to the con-
15 tractor for an operating agreement entered into pursuant
16 to chapter 531 of title 46, United States Code, for each vessel
17 that is covered by such operating agreement as of the date
18 of enactment of this Act, an amount equal to $500,000: Pro-
19 vided, That payments authorized by this section shall be
20 paid not later than 60 days after the date of enactment
21 of this Act: Provided further, That any unobligated balances
22 remaining from the amounts made available for payments
23 under the heading ‘‘Maritime Administration—Maritime
24 Security Program’’ in any prior Act may be used for such
25 payments.
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1 SEC. 1205. During the duration of the national emer-
2 gency declared by the President concerning the novel
3 coronavirus disease (COVID–19), the Secretary may extend
4 the time period referenced in 23 U.S.C. 120(e)(1) to account
5 for delays in access, construction, repair or other similar
6 issues.
7 TITLE XIII
8 GENERAL PROVISIONS—THIS DIVISION
9 SEC. 1301. Not later than 30 days after the date of
10 enactment of this Act, the head of each executive agency that
11 receives funding in any division of this Act, or that received
12 funding in the Coronavirus Preparedness and Response
13 Supplemental Appropriations Act, 2020 (division A of Pub-
14 lic Law 116–123), the Second Coronavirus Preparedness
15 and Response Supplemental Appropriations Act, 2020 (di-
16 vision A of Public Law 116–127), the CARES Act (Public
17 Law 116–136), or the Paycheck Protection Program and
18 Health Care Enhancement Act (Public Law 116–139) shall
19 provide a report detailing the anticipated uses of all such
20 funding to the Committees on Appropriations of the House
21 of Representatives and the Senate: Provided, That each re-
22 port shall include estimated personnel and administrative
23 costs, as well as the total amount of funding apportioned,
24 allotted, obligated, and expended, to date: Provided further,
25 That each such report shall be updated and submitted to
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1 such Committees every 60 days until all funds are expended
2 or expire: Provided further, That reports submitted pursu-
3 ant to this section shall satisfy the requirements of section
4 1701 of division A of Public Law 116–127.
5 SEC. 1302. Each amount appropriated or made avail-
6 able by this Act is in addition to amounts otherwise appro-
7 priated for the fiscal year involved.
8 SEC. 1303. No part of any appropriation contained
9 in this Act shall remain available for obligation beyond the
10 current fiscal year unless expressly so provided herein.
11 SEC. 1304. Unless otherwise provided for by this Act,
12 the additional amounts appropriated by this Act to appro-
13 priations accounts shall be available under the authorities
14 and conditions applicable to such appropriations accounts
15 for fiscal year 2021.
16 SEC. 1305. Each amount designated in this Act by the
17 Congress as being for an emergency requirement pursuant
18 to section 251(b)(2)(A)(i) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985 shall be available
20 (or rescinded or transferred, if applicable) only if the Presi-
21 dent subsequently so designates all such amounts and trans-
22 mits such designations to the Congress.
23 SEC. 1306. (a) STATUTORY PAYGO EMERGENCY DES-
24 IGNATION.—The amounts provided under division B and
25 each succeeding division are designated as an emergency
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1 requirement pursuant to section 4(g) of the Statutory Pay-
2 As-You-Go Act of 2010 (2 U.S.C. 933(g)), and the budgetary
3 effects shall not be entered on either PAYGO scorecard
4 maintained pursuant to section 4(d) of such Act.
5 (b) SENATE PAYGO EMERGENCY DESIGNATION.—In
6 the Senate, division B and each succeeding division are des-
7 ignated as an emergency requirement pursuant to section
8 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
9 resolution on the budget for fiscal year 2018.
10 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not-
11 withstanding Rule 3 of the Budget Scorekeeping Guidelines
12 set forth in the joint explanatory statement of the committee
13 of conference accompanying Conference Report 105–217
14 and section 250(c)(8) of the Balanced Budget and Emer-
15 gency Deficit Control Act of 1985, the budgetary effects of
16 division B and each succeeding division—
17 (1) shall not be estimated for purposes of section
18 251 of such Act;
19 (2) shall not be estimated for purposes of para-
20 graph (4)(C) of section 3 of the Statutory Pay As-
21 You-Go Act of 2010 as being included in an appro-
22 priation Act; and
23 (3) shall be treated as if they were contained in
24 a PAYGO Act, as defined by section 3(7) of the Statu-
25 tory Pay-As-You-Go Act of 2010 (2 U.S.C. 932(7)).
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1 SEC. 1307. (a) Any contract or agreement entered into
2 by an agency with a State or local government or any other
3 non-Federal entity for the purposes of providing covered as-
4 sistance, including any information and documents related
5 to the performance of and compliance with such contract
6 or agreement, shall be—
7 (1) deemed an agency record for purposes of sec-
8 tion 552(f)(2) of title 5, United States Code; and
9 (2) subject to section 552 of title 5, United States
10 Code (commonly known as the ‘‘Freedom of Informa-
11 tion Act’’).
12 (b) In this section—
13 (1) the term ‘‘agency’’ has the meaning given the
14 term in section 551 of title 5, United States Code;
15 and
16 (2) the term ‘‘covered assistance’’—
17 (A) means any assistance provided by an
18 agency in accordance with an Act or amend-
19 ments made by an Act to provide aid, assistance,
20 or funding related to the outbreak of COVID–19
21 that is enacted before, on, or after the date of en-
22 actment of this Act; and
23 (B) includes any such assistance made
24 available by an agency under—
25 (i) any division of this Act;
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1 (ii) the Paycheck Protection Program
2 and Health Care Enhancement Act (Public
3 Law 116–139), or an amendment made by
4 that Act;
5 (iii) the CARES Act (Public Law 116–
6 136), or an amendment made by that Act;
7 (iv) the Families First Coronavirus
8 Response Act (Public Law 116–127), or an
9 amendment made by that Act; or
10 (v) the Coronavirus Preparedness and
11 Response Supplemental Appropriations Act,
12 2020 (Public Law 116–123), or an amend-
13 ment made by that Act.
14 SEC. 1308. (a) Notwithstanding any other provision
15 of law and in a manner consistent with other provisions
16 in any division of this Act, all laborers and mechanics em-
17 ployed by contractors and subcontractors on projects funded
18 directly by or assisted in whole or in part by and through
19 the Federal Government pursuant to any division of this
20 Act shall be paid wages at rates not less than those pre-
21 vailing on projects of a character similar in the locality
22 as determined by the Secretary of Labor in accordance with
23 subchapter IV of chapter 31 of title 40, United States Code.
24 With respect to the labor standards specified in this section,
25 the Secretary of Labor shall have the authority and func-
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1 tions set forth in Reorganization Plan Numbered 14 of 1950
2 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title
3 40, United States Code.
4 (b) The amounts provided by this section are des-
5 ignated by the Congress as being for an emergency require-
6 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
7 Budget and Emergency Deficit Control Act of 1985.
8 This division may be cited as the ‘‘Coronavirus Recov-
9 ery Supplemental Appropriations Act, 2021’’.
10 DIVISION B—PROVIDING RELIEF
11 TO STUDENTS, INSTITUTIONS
12 OF HIGHER EDUCATION,
13 LOCAL EDUCATIONAL AGEN-
14 CIES, AND STATE VOCA-
15 TIONAL REHABILITATION
16 AGENCIES
17 SEC. 100. SHORT TITLE.
18 This division may be cited as the ‘‘Pandemic Edu-
19 cation Response Act’’.
20 TITLE I—HIGHER EDUCATION
21 PROVISIONS
22 SEC. 101. DEFINITIONS.
23 In this title:
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1 (1) AWARD YEAR.—The term ‘‘award year’’ has
2 the meaning given the term in section 481(a) of the
3 Higher Education Act of 1965 (20 U.S.C. 1088(a)).
4 (2) AUTHORIZING COMMITTEES.—The term ‘‘au-
5 thorizing committees’’ has the meaning given the term
6 in section 103 of the Higher Education Act of 1965
7 (20 U.S.C. 1003).
8 (3) FAFSA.—The term ‘‘FAFSA’’ means an ap-
9 plication under section 483 of the Higher Education
10 Act of 1965 (20 U.S.C. 1090) for Federal student fi-
11 nancial aid.
12 (4) INSTITUTION OF HIGHER EDUCATION.—The
13 term ‘‘institution of higher education’’ has the mean-
14 ing given the term in section 102 of the Higher Edu-
15 cation Act of 1965 (20 U.S.C. 1002).
16 (5) QUALIFYING EMERGENCY.—The term ‘‘quali-
17 fying emergency’’ has the meaning given the term in
18 section 3502 of the CARES Act (Public Law 116–
19 136), as amended by this Act.
20 (6) QUALIFYING EMERGENCY PERIOD.—The term
21 ‘‘qualifying emergency period’’ means the period—
22 (A) beginning on the first day of a quali-
23 fying emergency; and
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1 (B) ending on the later of the date on which
2 the qualifying emergency expires or June 30,
3 2021.
4 (7) SECRETARY.—The term ‘‘Secretary’’ means
5 the Secretary of Education.
6 Subtitle A—Cares Act Amendments
7 SEC. 111. APPLICATION OF CAMPUS-BASED AID WAIVERS.
8 (a) APPLICATION.—Section 3503 of the CARES Act is
9 amended—
10 (1) in subsection (a)—
11 (A) by inserting ‘‘or for any other award
12 year that includes any portion of a qualifying
13 emergency period,’’ after ‘‘2020–2021,’’; and
14 (B) by inserting ‘‘and a nonprofit organiza-
15 tion providing employment under section
16 443(b)(5) of such Act’’ after ‘‘waive the require-
17 ment that a participating institution of higher
18 education’’; and
19 (2) in subsection (b), by striking ‘‘during a pe-
20 riod of a qualifying emergency’’ and inserting ‘‘dur-
21 ing any award year that includes any portion of a
22 qualifying emergency period’’.
23 (b) EFFECTIVE DATE.—The amendments made by sub-
24 section (a) shall take effect as if included in the enactment
25 of the CARES Act (Public Law 116–136).
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1 SEC. 112. SUPPLEMENTAL EDUCATIONAL OPPORTUNITY
2 GRANTS FOR EMERGENCY AID.
3 (a) USE AND TREATMENT.—Section 3504 of the
4 CARES Act (Public Law 116–136) is amended—
5 (1) in subsection (a), by inserting ‘‘that includes
6 any portion of a qualifying emergency period’’ after
7 ‘‘for a fiscal year’’; and
8 (2) by striking subsection (c).
9 (b) EFFECTIVE DATE.—The amendments made by sub-
10 section (a) shall take effect as if included in the enactment
11 of the CARES Act (Public Law 116–136).
12 SEC. 113. EXTENSION OF FEDERAL WORK-STUDY DURING A
13 QUALIFYING EMERGENCY.
14 (a) FEDERAL WORK-STUDY DURING A QUALIFYING
15 EMERGENCY.—Section 3505 of the CARES Act (Public
16 Law 116–136) is amended—
17 (1) in subsection (a)—
18 (A) in the matter preceding paragraph
19 (1)—
20 (i) by striking ‘‘In the event of a quali-
21 fying emergency’’ and inserting ‘‘During a
22 qualifying emergency period’’; and
23 (ii) by striking ‘‘(not to’’ and all that
24 follows through the semicolon and inserting
25 ‘‘in which affected students are unable to
26 fulfill the students’ work-study obligation
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1 due to such qualifying emergency, as fol-
2 lows:’’;
3 (B) in paragraph (1), by striking ‘‘as a one
4 time grant’’ and inserting ‘‘as a one-time grant
5 in each payment period the student is awarded
6 work-study’’; and
7 (C) in paragraph (2), by striking ‘‘or was
8 not completing the work obligation necessary to
9 receive work study funds under such part prior
10 to the occurrence of the qualifying emergency’’;
11 and
12 (2) in subsection (b)—
13 (A) in paragraph (1)—
14 (i) by striking ‘‘for the academic year
15 during which a qualifying emergency oc-
16 curred;’’ and inserting ‘‘for an academic
17 year that includes any portion of a quali-
18 fying emergency period; and’’; and
19 (B) by striking paragraph (2) and redesig-
20 nating paragraph (3) as paragraph (2).’’.
21 (b) EFFECTIVE DATE.—The amendments made by sub-
22 section (a) shall take effect as if included in the enactment
23 of the CARES Act (Public Law 116–136).
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1 SEC. 114. SERVICE OBLIGATIONS FOR TEACHERS AND
2 OTHER PROFESSIONALS.
3 (a) AMENDMENT.—Section 3519 of the CARES Act
4 (Public Law 116–136) is amended—
5 (1) in the section heading, by inserting ‘‘AND
6 OTHER PROFESSIONALS’’ after ‘‘TEACHERS’’; and
7 (2) by adding at the end the following:
8 ‘‘(c) FEDERAL PERKINS LOANS.—Notwithstanding
9 section 465 of the Higher Education Act of 1965 (20 U.S.C.
10 1087ee), the Secretary shall waive the requirements of such
11 section in regard to full-time service and shall consider an
12 incomplete year of service of a borrower as fulfilling the
13 requirement for a complete year of service under such sec-
14 tion, if the service was interrupted due to a qualifying
15 emergency.’’.
16 (b) EFFECTIVE DATE.—The amendments made by sub-
17 section (a) shall take effect as if included in the enactment
18 of the CARES Act (Public Law 116–136).
19 SEC. 115. CONTINUING EDUCATION AT AFFECTED FOREIGN
20 INSTITUTIONS.
21 (a) IN GENERAL.—Section 3510 of the CARES Act (20
22 U.S.C. 1001 note) is amended—
23 (1) in subsection (a), by striking ‘‘for the dura-
24 tion of such emergency’’ and all that follows through
25 the period at the end and inserting ‘‘for purposes of
26 title IV of the Higher Education Act of 1965 (20
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1 U.S.C. 1070 et seq.) until the end of the covered pe-
2 riod applicable to the institution.’’;
3 (2) in subsection (b), by striking ‘‘for the dura-
4 tion of the qualifying emergency and the following
5 payment period for purposes of title IV of the Higher
6 Education Act of 1965 (20 U.S.C. 1070 et seq.).’’ and
7 inserting ‘‘until the end of the covered period applica-
8 ble to the institution.’’;
9 (3) in subsection (c), by striking ‘‘for the dura-
10 tion of the qualifying emergency and the following
11 payment period,’’ and inserting ‘‘until all covered pe-
12 riods for foreign institutions carrying out a distance
13 education program authorized under this section have
14 ended,’’;
15 (4) in subsection (d)—
16 (A) in paragraph (1)—
17 (i) by striking ‘‘for the duration of a
18 qualifying emergency and the following
19 payment period,’’ and inserting ‘‘until the
20 end of the covered period applicable to a
21 foreign institution,’’; and
22 (ii) by striking ‘‘allow a foreign insti-
23 tution’’ and inserting ‘‘allow the foreign in-
24 stitution’’;
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1 (B) in each of subparagraphs (A) and (B)
2 of paragraph (2), by striking ‘‘subsection (a)’’
3 and inserting ‘‘paragraph (1)’’;
4 (C) in paragraph (3)(B), by striking ‘‘30
5 days’’ and inserting ‘‘10 days’’; and
6 (D) in paragraph (4)—
7 (i) by striking ‘‘for the duration of the
8 qualifying emergency and the following
9 payment period,’’ and inserting ‘‘until all
10 covered periods for foreign institutions that
11 entered into written arrangements under
12 paragraph (1) have ended,’’; and
13 (ii) by striking ‘‘identifies each foreign
14 institution that entered into a written ar-
15 rangement under subsection (a).’’ and in-
16 serting the following: ‘‘identifies, for each
17 such foreign institution—
18 ‘‘(A) the name of the foreign institution;
19 ‘‘(B) the name of the institution of higher
20 education located in the United States that has
21 entered into a written arrangement with such
22 foreign institution; and
23 ‘‘(C) information regarding the nature of
24 such written arrangement, including which
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1 coursework or program requirements are accom-
2 plished at each respective institution.’’; and
3 (5) by adding at the end the following:
4 ‘‘(e) DEFINITION OF COVERED PERIOD.—
5 ‘‘(1) IN GENERAL.—In this section, the term
6 ‘covered period’, when used with respect to a foreign
7 institution of higher education, means the period—
8 ‘‘(A) beginning on the first day of—
9 ‘‘(i) a qualifying emergency; or
10 ‘‘(ii) a public health emergency, major
11 disaster or emergency, or national emer-
12 gency declared by the applicable government
13 authorities in the country in which the for-
14 eign institution is located; and
15 ‘‘(B) ending on the later of—
16 ‘‘(i) subject to paragraph (2), the last
17 day of the payment period, for purposes of
18 title IV of the Higher Education Act of
19 1965 (20 U.S.C. 1070 et seq.), following the
20 end of any qualifying emergency or any
21 emergency or disaster described in subpara-
22 graph (A)(ii) applicable to the foreign insti-
23 tution; or
24 ‘‘(ii) June 30, 2022.
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1 ‘‘(2) SPECIAL RULE FOR CERTAIN PAYMENT PE-
2 RIODS.—For purposes of subparagraph (B)(i), if the
3 following payment period for an award year ends be-
4 fore June 30 of such award year, the covered period
5 shall be extended until June 30 of such award year.’’.
6 (b) EFFECTIVE DATE.—The amendments made by sub-
7 section (a) shall take effect as if included in the enactment
8 of the CARES Act (Public Law 116–136).
9 SEC. 116. FUNDING FOR HBCU CAPITAL FINANCING; EN-
10 DOWMENT CHALLENGE GRANTS.
11 (a) FUNDING FOR HBCU CAPITAL FINANCING.—
12 (1) AMENDMENTS.—Section 3512 of division A
13 of the Coronavirus Aid, Relief, and Economic Secu-
14 rity Act (20 U.S.C. 1001 note) is amended—
15 (A) in subsection (a)—
16 (i) in paragraph (1), by striking
17 ‘‘may’’ and inserting ‘‘shall’’; and
18 (ii) in paragraph (2)—
19 (I) in subparagraph (A), by strik-
20 ing ‘‘or interest’’ and inserting ‘‘or in-
21 terest, or any applicable fees or re-
22 quired funds,’’; and
23 (II) in subparagraph (B)—
24 (aa) by striking ‘‘payments’’
25 and inserting ‘‘payments, and
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1 any payments of applicable fees
2 and required funds,’’; and
3 (bb) by striking the period
4 and inserting ‘‘; and’’; and
5 (III) by adding at the end the fol-
6 lowing:
7 ‘‘(C) the institution may pay, without pen-
8 alty, any periodic installment of principal or in-
9 terest required under the loan agreement for such
10 loan.’’; and
11 (B) in subsection (d), by striking
12 ‘‘$62,000,000’’ and inserting ‘‘such sums as may
13 be necessary’’.
14 (2) EFFECTIVE DATE.—The amendments made
15 by this subsection shall take effect as if enacted as
16 part of the Coronavirus Aid, Relief, and Economic
17 Security Act (Public Law 116–136).
18 (b) ENDOWMENT CHALLENGE GRANTS.—For the dura-
19 tion of a qualifying emergency (as defined in section 3502
20 of the Coronavirus Aid, Relief, and Economic Security Act
21 (20 U.S.C. 1001 note)), notwithstanding the provisions of
22 subsections (b)(3), (c)(3)(B), and (d) of section 331 of the
23 Higher Education Act of 1965 (20 U.S.C. 1065) applicable
24 during the grant period for an endowment challenge grant
25 awarded to an institution under such section 331 (20
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1 U.S.C. 1065), the institution may use the endowment fund
2 corpus plus any endowment fund income—
3 (1) for any educational purpose; or
4 (2) to defray any expenses necessary to the oper-
5 ation of the institution, including expenses of oper-
6 ations and maintenance, administration, academic
7 and support personnel, construction and renovation,
8 community and student services programs, and tech-
9 nical assistance.
10 SEC. 117. WAIVER AUTHORITY FOR INSTITUTIONAL AID.
11 (a) IN GENERAL.—Section 3517(a)(1)(D) of the
12 CARES Act (Public Law 116–136) is amended by striking
13 ‘‘(b), (c), and (g)’’ and inserting ‘‘(b) and (c)’’.
14 (b) EFFECTIVE DATE.—The amendment made by sub-
15 section (a) shall take effect as if included in the enactment
16 of the CARES Act (Public Law 116–136).
17 SEC. 118. SCOPE OF MODIFICATIONS TO REQUIRED AND AL-
18 LOWABLE USES.
19 (a) AMENDMENT TO INCLUDE MINORITY SCIENCE AND
20 ENGINEERING IMPROVEMENT PROGRAM.—Subsection (a) of
21 section 3518 of the CARES Act (Public Law 116–136) is
22 amended—
23 (1) by striking ‘‘part A or B of title III,’’ and
24 inserting ‘‘part A, part B, or subpart 1 of part E of
25 title III,’’; and
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1 (2) by inserting ‘‘1067 et seq.;’’ after ‘‘1060 et
2 seq.;’’.
3 (b) AMENDMENT TO MATCHING REQUIREMENT MODI-
4 FICATIONS.—Subsection (b) of section 3518 of the CARES
5 Act (Public Law 116–136) is amended—
6 (1) by striking ‘‘Notwithstanding’’ and inserting
7 the following:
8 ‘‘(1) IN GENERAL.—Notwithstanding’’;
9 (2) in paragraph (1), as so designated by this
10 subsection—
11 (A) by striking ‘‘is authorized to’’ and in-
12 serting ‘‘shall’’; and
13 (B) by striking ‘‘share’’ and inserting
14 ‘‘share, non-Federal share,’’; and
15 (3) by adding at the end the following new para-
16 graph:
17 ‘‘(2) WAIVER OF GEAR UP MATCHING REQUIRE-
18 MENT.—
19 ‘‘(A) IN GENERAL.—Notwithstanding sec-
20 tion 404C(b) of the Higher Education Act of
21 1965 (20 U.S.C. 1070a–23(b)), the Secretary
22 shall waive, for the duration of the period de-
23 scribed in subparagraph (B), any requirement
24 for an eligible entity (as defined in section
25 404A(c) (20 U.S.C. 1070a–21(c))) to provide a
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1 percentage of the cost of the program authorized
2 under chapter 2 of subpart 2 of part A of title
3 IV of the Higher Education Act of 1965 (20
4 U.S.C. 1070a–21 et seq.) from State, local, insti-
5 tutional, or private funds.
6 ‘‘(B) DESCRIPTION OF PERIOD.—The period
7 described in this subparagraph is the period be-
8 ginning on the first day of a qualifying emer-
9 gency and ending on September 30 of the fiscal
10 year following the end of the qualifying emer-
11 gency.’’.
12 (c) AMENDMENT TO CLARIFY SCOPE OF AUTHORITY.—
13 Section 3518 of the CARES Act (Public Law 116–136) is
14 further amended by adding at the end the following new
15 subsection:
16 ‘‘(d) SCOPE OF AUTHORITY.—Notwithstanding sub-
17 section (a), the Secretary may not modify the required or
18 allowable uses of funds for grants awarded under chapter
19 I or II of subpart 2 of part A of title IV of the Higher
20 Education Act of 1965 (20 U.S.C. 1070a–11 et seq.; 1070a–
21 21 et seq.), in a manner that deviates from the overall pur-
22 pose of the grant program, as provided in the general au-
23 thorization, findings, or purpose of the grant program
24 under the applicable statutory provision cited in such chap-
25 ter.’’.
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1 (d) EFFECTIVE DATE.—The amendments made by this
2 section shall take effect as if included in the enactment of
3 the CARES Act (Public Law 116–136).
4 Subtitle B—Financial Aid Access
5 SEC. 121. EMERGENCY FINANCIAL AID GRANTS EXCLUDED
6 FROM NEED ANALYSIS.
7 (a) TREATMENT OF EMERGENCY FINANCIAL AID
8 GRANTS FOR NEED ANALYSIS.—Notwithstanding any pro-
9 vision of the Higher Education Act of 1965 (20 U.S.C. 1001
10 et seq.), emergency financial aid grants—
11 (1) shall not be included as income or assets (in-
12 cluding untaxed income and benefits under section
13 480(b) of the Higher Education Act of 1965 (20
14 U.S.C. 1807vv(b))) in the computation of expected
15 family contribution for any program funded in whole
16 or in part under the Higher Education Act of 1965
17 (20 U.S.C. 1001 et seq.); and
18 (2) shall not be treated as estimated financial as-
19 sistance for the purposes of section 471 or section
20 480(j) of the Higher Education Act of 1965 (20
21 U.S.C. 1087kk; 1087vv(j)).
22 (b) DEFINITION.—In this section, the term ‘‘emergency
23 financial aid grant’’ means—
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1 (1) an emergency financial aid grant awarded
2 by an institution of higher education under section
3 3504 of the CARES Act (Public Law 116–136);
4 (2) an emergency financial aid grant from an
5 institution of higher education made with funds made
6 available under section 18004 of the CARES Act
7 (Public Law 116–136); and
8 (3) any other emergency financial aid grant to
9 a student from a Federal agency, a State, an Indian
10 tribe, an institution of higher education, or a scholar-
11 ship-granting organization (including a tribal orga-
12 nization, as defined in section 4 of the Indian Self-
13 Determination and Education Assistance Act (25
14 U.S.C. 5304)) for the purpose of providing financial
15 relief to students enrolled at institutions of higher
16 education in response to a qualifying emergency.
17 SEC. 122. FACILITATING ACCESS TO FINANCIAL AID FOR RE-
18 CENTLY UNEMPLOYED STUDENTS.
19 (a) TREATMENT AS DISLOCATED WORKER.—
20 (1) IN GENERAL.—Notwithstanding section
21 479(d)(1) of the Higher Education Act of 1965 (20
22 U.S.C. 1087ss(d)(1)), any individual who has applied
23 for, or who is receiving, unemployment benefits at the
24 time of the submission of a FAFSA for a covered
25 award year shall be treated as a dislocated worker for
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1 purposes of the need analysis under part F of title IV
2 such Act (20 U.S.C. 1087kk et seq.) applicable to such
3 award year.
4 (2) INFORMATION TO APPLICANTS AND INSTITU-
5 TIONS.—The Secretary—
6 (A) for each covered award year, shall en-
7 sure that—
8 (i) any question on the FAFSA used to
9 determine whether an applicant (or, as ap-
10 plicable, a spouse or parent of an appli-
11 cant) is a dislocated worker includes an ex-
12 press reference to individuals who have been
13 laid off;
14 (ii) any help text associated with a
15 question described in clause (i) includes a
16 description of an applicant’s treatment as a
17 dislocated worker under paragraph (1); and
18 (iii) the FAFSA includes a prominent
19 notification, appearing immediately before
20 questions related to tax returns or income
21 that, if the applicant (or, as applicable, a
22 spouse or parent of an applicant) has lost
23 significant income earned from work due to
24 a qualifying emergency, the applicant
25 should contact the financial aid adminis-
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1 trator at the institution where the applicant
2 plans to enroll to provide current income
3 information;
4 (B) in consultation with institutions of
5 higher education, shall carry out activities to in-
6 form applicants for Federal student financial
7 aid under the Higher Education Act of 1965 (20
8 U.S.C. 1001 et seq.)—
9 (i) of the treatment of individuals who
10 have applied for, or who are receiving, un-
11 employment benefits as dislocated workers
12 under paragraph (1);
13 (ii) of the availability of means-tested
14 Federal benefits for which such applicants
15 may be eligible; and
16 (iii) of the ability of a financial aid
17 administrator of an institution of higher
18 education to use professional judgment as
19 authorized under section 479A of the Higher
20 Education Act of 1965 (20 U.S.C. 1087tt)
21 and in accordance with subsection (b), to
22 determine, where appropriate, that income
23 earned from work is zero and consider un-
24 employment benefits to be zero, if the appli-
25 cant (or, as applicable, a spouse or parent
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1 of an applicant) has applied for or is re-
2 ceiving unemployment benefits;
3 (C) shall carry out activities to inform in-
4 stitutions of higher education of the authority of
5 such institutions, with explicit written consent of
6 an applicant for Federal student financial aid
7 under the Higher Education Act of 1965 (20
8 U.S.C. 1001 et seq.), to provide information col-
9 lected from such applicant’s FAFSA to an orga-
10 nization assisting the applicant in applying for
11 and receiving Federal, State, local, or tribal as-
12 sistance in accordance with section 312 of the
13 Department of Defense and Labor, Health and
14 Human Services, and Education Appropriations
15 Act, 2019 and Continuing Appropriations Act,
16 2019 (Public Law 115– 245); and
17 (D) in consultation with the Secretary of
18 Labor, shall carry out activities to inform appli-
19 cants for, and recipients of, unemployment bene-
20 fits of the availability of Federal student finan-
21 cial aid under the Higher Education Act of 1965
22 (20 U.S.C. 1001 et seq.) and the treatment of
23 such applicants and recipients as dislocated
24 workers under paragraph (1).
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1 (3) IMPLEMENTATION.—The Secretary shall im-
2 plement this subsection not later than 30 days after
3 the date of enactment of this Act.
4 (4) APPLICABILITY.—Paragraph (1) shall apply
5 with respect to a FAFSA submitted on or after the
6 earlier of—
7 (A) the date on which the Secretary imple-
8 ments this subsection under paragraph (3); or
9 (B) the date that is 30 days after the date
10 of enactment of this Act.
11 (b) PROFESSIONAL JUDGMENT OF FINANCIAL AID AD-
12 MINISTRATORS.—For the purposes of making a professional
13 judgment as authorized under section 479A of the Higher
14 Education Act of 1965 (20 U.S.C. 1087tt), a financial aid
15 administrator may, during a covered award year—
16 (1) determine that the income earned from work
17 for a student, or a parent or spouse of a student, as
18 applicable, is zero, if the student, parent, or spouse
19 provides paper or electronic documentation of receipt
20 of unemployment benefits or confirmation that an ap-
21 plication for unemployment benefits was submitted;
22 (2) consider the value of unemployment benefits
23 for such student, parent, or spouse to be zero; and
24 (3) make appropriate adjustments to the data
25 items on the FAFSA for a student, parent, or spouse,
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1 as applicable, based on the totality of the family’s sit-
2 uation.
3 (c) UNEMPLOYMENT DOCUMENTATION.—For the pur-
4 poses of documenting unemployment benefits or application
5 for such benefits under subsection (b), such documentation
6 shall be accepted if such documentation is submitted not
7 more than 90 days from the date on which such documenta-
8 tion was issued, unless a financial aid administrator knows
9 that the student, parent, or spouse, as applicable, has al-
10 ready obtained other employment.
11 (d) ADJUSTMENTS TO PROGRAM REVIEW MODEL.—
12 The Secretary shall make adjustments to the model used to
13 select institutions of higher education participating in title
14 IV of the Higher Education Act of 1965 (20 U.S.C. 1070
15 et seq.) for program reviews, in order to—
16 (1) account for any rise in the use of professional
17 judgment as authorized under section 479A of such
18 Act (20 U.S.C. 1087tt) during the 2020–2021 and
19 2021–2022 award years; and
20 (2) ensure that institutions are not penalized for
21 an increase in the use of professional judgment dur-
22 ing such award years.
23 (e) DEFINITIONS.—In this section:
24 (1) COVERED AWARD YEAR.—The term ‘‘covered
25 award year’’ means—
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1 (A) an award year during which there is a
2 qualifying emergency; and
3 (B) the first award year beginning after the
4 end of such qualifying emergency.
5 (2) MEANS-TESTED FEDERAL BENEFIT.—The
6 term ‘‘means-tested Federal benefit’’ includes the fol-
7 lowing:
8 (A) The supplemental security income pro-
9 gram under title XVI of the Social Security Act
10 (42 U.S.C. 1381 et seq.).
11 (B) The supplemental nutrition assistance
12 program under the Food and Nutrition Act of
13 2008 (7 U.S.C. 2011 et seq.).
14 (C) The free and reduced price school lunch
15 program established under the Richard B. Rus-
16 sell National School Lunch Act (42 U.S.C. 1751
17 et seq.).
18 (D) The program of block grants for States
19 for temporary assistance for needy families es-
20 tablished under part A of title IV of the Social
21 Security Act (42 U.S.C. 601 et seq.).
22 (E) The special supplemental nutrition pro-
23 gram for women, infants, and children estab-
24 lished by section 17 of the Child Nutrition Act
25 of 1966 (42 U.S.C. 1786).
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1 (F) The Medicaid program under title XIX
2 of the Social Security Act (42 U.S.C. 1396 et
3 seq.).
4 (G) The tax credits provided under the fol-
5 lowing sections of the Internal Revenue Code of
6 1986 (title 26, United States Code):
7 (i) Section 25A (relating to American
8 Opportunity and Lifetime Learning cred-
9 its).
10 (ii) Section 32 (relating to earned in-
11 come).
12 (iii) Section 36B (relating to refund-
13 able credit for coverage under a qualified
14 health plan).
15 (iv) Section 6428 (relating to 2020 re-
16 covery rebates for individuals).
17 (H) Federal housing assistance programs,
18 including tenant-based assistance under section
19 8(o) of the United States Housing Act of 1937
20 (42 U.S.C. 1437f(o)), and public housing, as de-
21 fined in section 3(b)(1) of such Act (42 U.S.C.
22 1437a(b)(1)).
23 (I) Such other Federal means-tested benefits
24 as may be identified by the Secretary.
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1 SEC. 123. STUDENT ELIGIBILITY FOR HIGHER EDUCATION
2 EMERGENCY RELIEF FUND AND OTHER HIGH-
3 ER EDUCATION FUNDS.
4 (a) IN GENERAL.—With respect to student eligibility
5 for receipt of funds provided under section 18004 of the
6 CARES Act (Public Law 116–136) and under title VIII
7 of division A of this Act—
8 (1) the Secretary is prohibited from imposing
9 any restriction on, or defining, the populations of stu-
10 dents who may receive such funds other than a re-
11 striction based solely on the student’s enrollment at
12 the institution of higher education; and
13 (2) section 401(a) the Personal Responsibility
14 and Work Opportunity Reconciliation Act of 1996 (8
15 U.S.C. 1611(a)) shall not apply.
16 (b) EFFECTIVE DATE.—Subsection (a) shall take effect
17 as if included in the enactment of the CARES Act (Public
18 Law 116–136), and an institution of higher education that
19 provided funds to a student before the date of enactment
20 of this Act shall not be penalized if such provision is con-
21 sistent with such subsection and section 18004 of the
22 CARES Act (Public Law 116–136).
23 SEC. 124. DISTANCE EDUCATION.
24 (a) DEFINITION OF DISTANCE EDUCATION.—
25 (1) IN GENERAL.—Notwithstanding section
26 103(7) of the Higher Education Act of 1965 (20
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1 U.S.C. 1003(7)) and except as otherwise specified in
2 section 486 of the Higher Education Act of 1965 (20
3 U.S.C. 1093), the term ‘‘distance education’’ as used
4 in title IV of the Higher Education Act of 1965 (20
5 U.S.C. 1070 et seq.) shall have the meaning given that
6 term in section 600.2 of title 34, Code of Federal Reg-
7 ulations, as amended by the final regulations entitled
8 ‘‘Distance Education and Innovation’’ published by
9 the Department of Education in the Federal Register
10 on September 2, 2020 (85 Fed. Reg. 54809), or any
11 succeeding regulations.
12 (2) INFORMATION TO ACCREDITING AGENCY.—
13 Not later than 90 days after the date of enactment of
14 this Act, each institution of higher education that
15 participates in a program under title IV of the High-
16 er Education Act of 1965 (20 U.S.C. 1070 et seq.)
17 and that provides one or more educational programs
18 through distance education shall submit to the insti-
19 tution’s accrediting agency or association, a descrip-
20 tion of how the institution plans to meet the require-
21 ments of this subsection.
22 (3) EFFECTIVE DATE.—This subsection shall take
23 effect with respect to any semester (or the equivalent)
24 that begins on or after December 1, 2020.
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1 (b) APPROVAL FOR EXPANDED DISTANCE EDU-
2 CATION.—
3 (1) IN GENERAL.—
4 (A) IN GENERAL.—Notwithstanding section
5 481(b)(3) of the Higher Education Act of 1965
6 (20 U.S.C. 1088(b)(3)), an institution of higher
7 education described in subparagraph (B) may
8 deliver distance education by offering programs
9 in whole or in part through telecommunications
10 and be eligible to participate in a program
11 under title IV if such institution meets the re-
12 quirements of paragraphs (2) through (4).
13 (B) INSTITUTION OF HIGHER EDUCATION.—
14 An institution of higher education described in
15 this subparagraph is an institution of higher
16 education that uses or expands distance edu-
17 cation—
18 (i) in accordance with the flexibilities
19 and waivers provided under the guidance of
20 the Secretary on distance education; and
21 (ii) without following—
22 (I) the standard approval process
23 for distance education (as in effect be-
24 fore March 5, 2020) of the Secretary;
25 or
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1 (II) the evaluation process of in-
2 stitution’s accrediting agency or asso-
3 ciation described in paragraph (2)(A).
4 (2) COMMENCEMENT OF EVALUATION PROCESS
5 WITH THE INSTITUTION’S ACCREDITING AGENCY.—
6 (A) IN GENERAL.—Not later than December
7 31, 2020, each institution described in para-
8 graph (1)(B) shall demonstrate to the Secretary
9 that such institution has commenced the evalua-
10 tion process with its accrediting agency or asso-
11 ciation for the purpose of evaluating distance
12 education to determine whether such institution
13 has the capability to—
14 (i) effectively deliver distance edu-
15 cation programs; and
16 (ii) meet the applicable policies and
17 procedures of the accrediting agency or as-
18 sociation (as such policies and procedures
19 were in effect before March 5, 2020).
20 (B) ACCREDITING AGENCY OR ASSOCIA-
21 TION.—In a case in which an accrediting agency
22 or association does not have distance education
23 in the scope of its recognition at the time an in-
24 stitution commences the evaluation process de-
25 scribed in this paragraph, and such agency ex-
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1 pands its scope of accreditation to include dis-
2 tance education, not later than 30 days after
3 such change in scope, such agency shall notify
4 the Secretary, in writing, of the change in scope
5 to include distance education, in accordance
6 with section 496(a)(4)(B)(i)(II) of the Higher
7 Education Act of 1965 (20 U.S.C.
8 1099b(a)(4)(B)(i)(II)).
9 (3) COMMENCEMENT OF APPROVAL PROCESS
10 WITH THE SECRETARY.—Not later than December 31,
11 2020, each institution described in paragraph (1)(B)
12 shall commence, with the Secretary, the standard ap-
13 proval process for distance education of the Secretary
14 referred to in paragraph (1)(B)(ii)(I).
15 (4) COMPLETION OF EVALUATION AND APPROVAL
16 PROCESS.—
17 (A) IN GENERAL.—Not later than July 1,
18 2021, an institution of higher education de-
19 scribed in paragraph (1)(B) shall demonstrate to
20 the Secretary that—
21 (i) the institution has completed the
22 evaluation process and standard approval
23 process for distance education under para-
24 graphs (2) and (3), respectively, for each of
25 its applicable programs; and
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1 (ii) each such program meets the ap-
2 plicable policies and procedures to offer dis-
3 tance education that are required by the
4 Secretary and the institution’s accrediting
5 agency or association under such para-
6 graphs.
7 (B) LOSS OF ELIGIBILITY.—An institution
8 of higher education that does not meet the re-
9 quirements of subparagraph (A) shall cease offer-
10 ing distance education programs until such time
11 that such institution demonstrates to the Sec-
12 retary that the institution and each of its appli-
13 cable programs meet the requirements of sub-
14 paragraph (A).
15 (c) REQUIREMENTS FOR CERTAIN COVERED ARRANGE-
16 MENTS.—
17 (1) ACCREDITOR REVIEW FOR COVERED AR-
18 RANGEMENTS WITH FOREIGN INSTITUTIONS.—An in-
19 stitution of higher education with a covered arrange-
20 ment with a foreign institution shall demonstrate to
21 the Secretary that the institution has commenced the
22 evaluation process with the institution’s accrediting
23 agency or association to determine, in a case in
24 which the accrediting agency or association has
25 standards for the provision of educational services to
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1 another institution, whether such covered arrange-
2 ment meets the standards.
3 (2) REPORTING TO THE SECRETARY.—Beginning
4 not later than 30 days after the date of enactment of
5 this Act, the Secretary shall require the following:
6 (A) INSTITUTIONS WITH COVERED AR-
7 RANGEMENTS WITH NON-TITLE-IV INSTITUTIONS
8 OR ORGANIZATIONS.—An institution of higher
9 education with a covered arrangement with a
10 non-title-IV institution or organization shall re-
11 port to the Secretary not later than 10 days after
12 the institution of higher education establishes or
13 modifies such covered arrangement—
14 (i) the name of the institution or orga-
15 nization that is not eligible to participate
16 in a program under title IV;
17 (ii) a summary of such arrangement,
18 including the percentages and components
19 of the educational program to be offered by
20 the institution of higher education and such
21 institution or organization; and
22 (iii) an attestation that the institution
23 of higher education and such institution or
24 organization meet the requirements of sec-
25 tion 668.5(c) of title 34, Code of Federal
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1 Regulations (as such section is in effect on
2 the date of enactment of this Act), including
3 the specific determination from the institu-
4 tion of higher education’s accrediting agen-
5 cy or association that the institution’s ar-
6 rangement meets the agency or association’s
7 standards for the contracting out of edu-
8 cational services.
9 (B) INSTITUTIONS WITH COVERED AR-
10 RANGEMENTS WITH FOREIGN INSTITUTIONS.—An
11 institution of higher education with a covered
12 arrangement with a foreign institution shall re-
13 port to the Secretary—
14 (i) not later than 10 days after such
15 institution establishes such covered arrange-
16 ment—
17 (I) the name of the foreign insti-
18 tution; and
19 (II) a summary of such arrange-
20 ment, including the percentages and
21 components of the educational program
22 to be offered by the institution of high-
23 er education and the foreign institu-
24 tion; and
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1 (ii) if applicable, not later than 10
2 days after the date on which the institu-
3 tion’s accrediting agency or association pro-
4 vides its determination to the institution in
5 accordance with paragraph (1), the deter-
6 mination made by the institution’s accred-
7 iting agency or association.
8 (3) INFORMATION MADE AVAILABLE TO STU-
9 DENTS.—
10 (A) INSTITUTIONS WITH COVERED AR-
11 RANGEMENTS WITH NON-TITLE-IV INSTITUTIONS
12 OR ORGANIZATIONS.—An institution of higher
13 education with a covered arrangement with a
14 non-title-IV institution or organization shall
15 provide directly to enrolled and prospective stu-
16 dents, and make available on a publicly acces-
17 sible website of the institution, a description of
18 each covered arrangement with a non-title-IV in-
19 stitution or organization, including information
20 on—
21 (i) the portion of the educational pro-
22 gram that the institution of higher edu-
23 cation is not providing;
24 (ii) the name and location of the non-
25 title-IV institution or organization that is
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1 providing such portion of the educational
2 program;
3 (iii) the method of delivery of such por-
4 tion of the educational program; and
5 (iv) the estimated additional costs stu-
6 dents may incur as the result of enrolling
7 in an educational program that is provided
8 under the covered arrangement.
9 (B) INSTITUTIONS WITH COVERED AR-
10 RANGEMENTS WITH FOREIGN INSTITUTIONS.—In
11 the case of an institution of higher education
12 with a covered arrangement with a foreign insti-
13 tution, the foreign institution in such arrange-
14 ment shall provide the information described in
15 subparagraph (A) regarding the covered arrange-
16 ment in the same manner as applies to an insti-
17 tution of higher education with a covered ar-
18 rangement with a non-title-IV institution or or-
19 ganization subject to such subparagraph.
20 (4) ENFORCEMENT.—The Secretary shall take
21 such enforcement actions under section 487(c) of the
22 Higher Education Act of 1965 (20 U.S.C. 1094(c)) as
23 necessary until such time as an institution of higher
24 education with a covered arrangement subject to this
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1 subsection can demonstrate that the institution
2 meets—
3 (A) the standards of the institution’s accred-
4 iting agency or association for the contracting
5 out of educational services; and
6 (B) in the case of an institution with a cov-
7 ered arrangement with a foreign institution, the
8 standards, if applicable, of the accrediting agen-
9 cy or association for the provision of educational
10 services to another institution.
11 (d) REQUIRED REPORTS.—
12 (1) REPORTS BY ACCREDITING AGENCY OR ASSO-
13 CIATION.—
14 (A) IN GENERAL.—Not later than 15 busi-
15 ness days after an accrediting agency or associa-
16 tion completes the review of an institution of
17 higher education subject to the requirements of
18 subsection (b) or (c), the accrediting agency or
19 association shall publish a report regarding the
20 review.
21 (B) REQUIREMENTS.—The report under
22 subparagraph (A) shall—
23 (i) be published on the website of the
24 accrediting agency or association; and
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1 (ii) include a summary of the conclu-
2 sion and the relevant findings that such
3 agency or association provided such institu-
4 tion of higher education in granting, as ap-
5 plicable—
6 (I) the approval or denial for an
7 institution of higher education to de-
8 liver distance education under sub-
9 section (b); or
10 (II) the approval or denial of an
11 institution of higher education to enter
12 into or modify a written arrangement
13 in accordance with subsection (c).
14 (2) REPORTS BY SECRETARY.—By March 31,
15 2021, and quarterly thereafter, the Secretary shall
16 provide the Committee on Health, Education, Labor,
17 and Pensions of the Senate and the Committee on
18 Education and Labor of the House of Representatives,
19 and publish on a publicly available website, a report
20 of the information collected under paragraph (1) and
21 subsection (c)(2).
22 (e) OTHER DEFINITIONS.—In this section:
23 (1) ACCREDITING AGENCY OR ASSOCIATION.—The
24 term ‘‘accrediting agency or association’’ means—
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1 (A) an accrediting agency or association
2 that is recognized by the Secretary under subpart
3 2 of part H of title IV of the Higher Education
4 Act of 1965 (20 U.S.C. 1099b); or
5 (B) in the case of a public postsecondary
6 vocational institution whose eligibility for Fed-
7 eral student assistance programs is being deter-
8 mined by a State agency listed under section
9 487(c)(4) of the Higher Education Act of 1965
10 (20 U.S.C. 1094(c)(4)), such a State agency.
11 (2) COVERED ARRANGEMENT WITH A FOREIGN
12 INSTITUTION.—The term ‘‘covered arrangement with
13 a foreign institution’’ means a written arrangement
14 entered into between an institution of higher edu-
15 cation and a foreign institution, on or after March
16 13, 2020, to provide an educational program.
17 (3) COVERED ARRANGEMENT WITH A NON-TITLE-
18 IV INSTITUTION OR ORGANIZATION.—The term ‘‘cov-
19 ered arrangement with a non-title-IV institution or
20 organization’’ means a written arrangement—
21 (A) to provide an educational program that
22 satisfies the requirements of section 668.8 of title
23 34, Code of Federal Regulations (as such section
24 is in effect on the date of enactment of this Act)
25 between an institution of higher education and
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1 an institution or organization that is not eligible
2 to participate in a program under title IV;
3 (B) entered into, or modified, on or after
4 March 13, 2020; and
5 (C) through which the institution or organi-
6 zation that is not eligible to participate in a
7 program under title IV will provide more than
8 25 percent, but less than 50 percent of the edu-
9 cational program subject to the arrangement.
10 (4) FOREIGN INSTITUTION.—The term ‘‘foreign
11 institution’’ means an institution located outside the
12 United States that is described in paragraphs (1)(C)
13 and (2) of section 102(a) of the Higher Education Act
14 of 1965 (20 U.S.C. 1002(a)).
15 (5) GUIDANCE OF THE SECRETARY ON DISTANCE
16 EDUCATION.—The term ‘‘guidance of the Secretary on
17 distance education’’ means the guidance of the Sec-
18 retary entitled ‘‘UPDATED Guidance for interrup-
19 tions of study related to Coronavirus (COVID–19)’’
20 dated June 16, 2020 (or prior or succeeding guid-
21 ance).
22 (6) INSTITUTION OF HIGHER EDUCATION.—The
23 term ‘‘institution of higher education’’ has the mean-
24 ing given that term in section 102 of the Higher Edu-
25 cation Act of 1965 (20 U.S.C. 1002).
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1 (7) PROGRAM UNDER TITLE IV.—The term ‘‘pro-
2 gram under title IV’’ means the following programs
3 under title IV of the Higher Education Act of 1965
4 (20 U.S.C. 1070 et seq.):
5 (A) The Federal Pell Grant program under
6 section 401 of such Act (20 U.S.C. 1070a).
7 (B) The Federal Supplemental Educational
8 Opportunity Grant program under subpart 3 of
9 part A of such title IV (20 U.S.C. 1070b).
10 (C) The Federal work-study program under
11 part C of such title IV (20 U.S.C. 1087–51 et
12 seq.).
13 (D) The Federal Direct Loan program
14 under part D of such title IV (20 U.S.C. 1087a
15 et seq.).
16 SEC. 125. REQUIREMENTS FOR TEACH-OUT PLANS AND
17 TEACH-OUT AGREEMENTS.
18 (a) REQUIREMENTS.—
19 (1) IN GENERAL.—Notwithstanding section
20 487(f)(2) of the Higher Education Act of 1965 (20
21 U.S.C. 1094(f)(2)), in the event an institution of
22 higher education, during the period described in sub-
23 section (d), is required to submit to its accrediting
24 agency or association a teach-out plan (in accordance
25 with section 487(f) and section 496(c)(3) of such Act
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1 (20 U.S.C. 1094(f); 1099b(c)(3))), or to submit a
2 teach-out agreement among institutions (in accord-
3 ance with section 496(c)(6) of such Act (20 U.S.C.
4 1099b(c)(6))), the following shall apply to such plans
5 and agreements:
6 (A) The definitions and requirements de-
7 scribed in this subsection.
8 (B) Any other applicable standards of the
9 institution’s accrediting agency or association.
10 (C) Any other provisions the Secretary of
11 Education determines are necessary to protect
12 the interests of the United States and to promote
13 the purposes of this section.
14 (2) CLOSING INSTITUTION DEFINED.—The term
15 ‘‘closing institution’’ means an institution of higher
16 education—
17 (A) that ceases to operate or plans to cease
18 operations before all enrolled students have com-
19 pleted their program of study; or
20 (B) that has an institutional location
21 that—
22 (i) provides 100 percent of at least 1
23 program offered by the institution of higher
24 education; and
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1 (ii) ceases to operate or plans to cease
2 operations before all enrolled students have
3 completed their program of study.
4 (3) TEACH-OUT PLANS.—
5 (A) TEACH-OUT PLAN DEFINED.—The term
6 ‘‘teach-out plan’’ means a written plan developed
7 by a closing institution that provides for the eq-
8 uitable treatment of students.
9 (B) CONTENTS OF TEACH-OUT PLANS.—A
10 teach-out plan shall include a record-retention
11 plan that includes—
12 (i) a plan for the custody (including
13 by any applicable State authorizing agen-
14 cies), and the disposition, of teach-out
15 records that meets the requirements of para-
16 graph (5)(B)(iii);
17 (ii) an assurance that in the event of
18 the closure of the institution or an institu-
19 tional location of the institution, such insti-
20 tution—
21 (I) will meet the requirements of
22 paragraph (5)(B)(iv); and
23 (II) will refund students the
24 amount of any unearned tuition, ac-
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1 count balances, and student fees, and
2 refunds due; and
3 (iii) an estimate of the costs necessary
4 to carry out such record-retention plan.
5 (4) TEACH-OUT AGREEMENT DEFINED.—The
6 term ‘‘teach-out agreement’’ means a written agree-
7 ment between a closing institution and one or more
8 other institutions of higher education (in this section
9 referred to as a ‘‘teach-out institution)’’ that—
10 (A) provides for the equitable treatment of
11 students and a reasonable opportunity for stu-
12 dents to complete their program of study; and
13 (B) meets the requirements in section
14 496(c)(6) of the Higher Education Act of 1965
15 (20 U.S.C. 1099b(c)(6)).
16 (5) APPROVAL OF TEACH-OUT AGREEMENTS.—In
17 approving a teach-out agreement, the accrediting
18 agency or association shall determine a timeline for
19 an interim teach-out agreement and a final teach-out
20 agreement that provides for the equitable treatment of
21 students and ensures—
22 (A) that the teach-out institution—
23 (i) to the extent practicable, is an in-
24 stitution of higher education that meets the
25 requirements of section 101 or section
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1 102(c) of the Higher Education Act of 1965
2 (20 U.S.C. 1001; 1002(c));
3 (ii) has the necessary experience, re-
4 sources, and support services to provide an
5 educational program that is of acceptable
6 quality and reasonably similar in content,
7 delivery modality, and scheduling to that
8 provided by the closing institution with
9 which the teach-out institution has entered
10 into the teach-out agreement;
11 (iii) has not been subject to a sanction
12 of probation or equivalent or show cause by
13 its accrediting agency or association or any
14 applicable State authorizing or licensing
15 agency in the past 5 years; and
16 (iv) shows no evidence of significant
17 problems (including financial stability or
18 administrative capability) that affect the
19 institution’s capacity to carry out its mis-
20 sion and meet all obligations to enrolled
21 students, which shall include a showing that
22 there is no evidence of the conditions de-
23 scribed in section 602.24(c)(8) of title 34,
24 Code of Federal Regulations, as in effect on
25 the date of enactment of this Act; and
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1 (B) that the closing institution—
2 (i) provides the accrediting agency or
3 association and the Secretary a complete
4 list of all students who are enrolled in each
5 program at the institution or who have
6 withdrawn from the institution within the
7 last 180 days, including each student’s
8 name, contact information, program of
9 study, the program requirements each stu-
10 dent has completed, and the estimated date
11 of completion in the absence of the closure
12 of such institution or institutional location;
13 (ii) provides to the accrediting agency
14 or association and the Secretary, for each
15 program of study at the closing institution,
16 records of any agreements pertaining to the
17 acceptance of students, transfer of credits,
18 articulation agreements, or waiver of pro-
19 gram requirements between the closing in-
20 stitution and any other institutions of high-
21 er education;
22 (iii) provides a record-retention plan
23 to all enrolled students that delineates the
24 final disposition of teach-out records,
25 digitally where practicable, including stu-
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1 dent transcripts, billing, financial aid
2 records, and the amount of any unearned
3 tuition, account balances, student fees, and
4 refunds due to each such student;
5 (iv) releases all financial holds placed
6 on student records and, for the 3-year pe-
7 riod beginning on the date of the closure of
8 such institution or institutional location,
9 provides each student (including each stu-
10 dent who withdrew from such institution
11 during the 180-day period prior to the date
12 of such closure) with the student’s official
13 transcripts and complete academic records
14 at no cost to the student;
15 (v) provides students with information,
16 using standard language developed by the
17 Secretary under subsection (b), regarding—
18 (I) the benefits and consequences
19 of choosing to—
20 (aa) continue the student’s
21 studies by transferring to a teach-
22 out institution; and
23 (bb) receive a closed school
24 discharge under section 437(c)(1)
25 and section 464(g)(1) of the High-
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1 er Education Act of 1965 (20
2 U.S.C. 1087(c)(1); 1087dd(g)(1));
3 and
4 (II) if applicable, information on
5 institutional and State refund policies;
6 (vi) provides students with information
7 about additional tuition and fee charges, if
8 any, at the teach-out institution; and
9 (vii) provides students with accurate
10 information on the number and types of
11 credits the teach-out institution is willing to
12 accept prior to the student’s enrollment in
13 that institution or any other institution of
14 higher education with which the closing in-
15 stitution has an articulation agreement.
16 (6) SUBMISSION OF TEACH-OUT PLANS AND
17 TEACH-OUT AGREEMENTS.—
18 (A) SUBMISSION OF NOTICE.—Not later
19 than 10 days after being required to submit a
20 teach-out plan or teach-out agreement to its ac-
21 crediting agency or association, the institution of
22 higher education shall submit a notice of such
23 plan or agreement to the Secretary of Education
24 and to any applicable State authorizing agencies
25 of such institution.
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1 (B) SUBMISSION OF PLAN OR AGREE-
2 MENT.—Not later than 5 days after receiving ap-
3 proval from its accrediting agency or association
4 of a teach-out plan or teach-out agreement, as
5 applicable, the institution of higher education
6 shall submit the approved plan or agreement to
7 the Secretary of Education and to any applica-
8 ble State authorizing agencies of such institu-
9 tion.
10 (b) STANDARD LANGUAGE.—Not later than 60 days
11 after the date of the enactment of this section, the Secretary
12 of Education shall publish standard language relating to
13 closed school discharges for purposes of subsection
14 (a)(5)(B)(v).
15 (c) PROHIBITION ON MISREPRESENTATIONS.—
16 (1) IN GENERAL.—An institution of higher edu-
17 cation is prohibited from engaging in misrepresenta-
18 tion about the nature of teach-out plans, teach-out
19 agreements, and transfer of credit.
20 (2) SANCTIONS.— Upon determination, after
21 reasonable notice and opportunity for a hearing, that
22 an institution of higher education is in violation of
23 this subsection, the Secretary of Education—
24 (A) shall impose a civil penalty not to ex-
25 ceed $25,000 for each misrepresentation; and
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1 (B) may impose an additional sanction de-
2 scribed in section 497(c)(3) of the Higher Edu-
3 cation Act of 1965 (20 U.S.C. 1094(c)(3)).
4 (d) COVERED PERIOD.—The provisions of this section
5 shall be in effect during the period beginning on the date
6 of enactment of this Act and ending on the date on which
7 on which sections 487(f) of the Higher Education Act of
8 1965 (20 U.S.C. 1094(f)) or paragraphs (3) and (6) of sec-
9 tion 493(c) of such Act (20 U.S.C. 1098b(c)) are amended
10 or repealed.
11 Subtitle C—Federal Student Loan
12 Relief
13 PART 1—TEMPORARY RELIEF FOR FEDERAL
14 STUDENT BORROWERS
15 SEC. 131. EXPANDING LOAN RELIEF TO ALL FEDERAL STU-
16 DENT LOAN BORROWERS.
17 Section 3502(a) of division A of the Coronavirus Aid,
18 Relief, and Economic Security Act (Public Law 116–136)
19 is amended—
20 (1) by redesignating paragraphs (2) through (5)
21 as paragraphs (3) through (6), respectively; and
22 (2) by inserting after paragraph (1) the fol-
23 lowing:
24 ‘‘(2) FEDERAL STUDENT LOAN.—The term ‘Fed-
25 eral student loan’ means a loan—
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1 ‘‘(A) made under part B, part D, or part
2 E of title IV of the Higher Education Act of
3 1965 (20 U.S.C. 1071 et seq., 1087a et seq.,
4 1087aa et seq.), and held by the Department of
5 Education;
6 ‘‘(B) made, insured, or guaranteed under
7 part B of such title, or made under part E of
8 such title, and not held by the Department of
9 Education; or
10 ‘‘(C) made under—
11 ‘‘(i) subpart II of part A of title VII
12 of the Public Health Service Act (42 U.S.C.
13 292q et seq.); or
14 ‘‘(ii) part E of title VIII of the Public
15 Health Service Act (42 U.S.C. 297a et
16 seq.).’’.
17 SEC. 132. EXTENDING THE LENGTH OF BORROWER RELIEF
18 DUE TO THE CORONAVIRUS EMERGENCY.
19 Section 3513 of division A of the Coronavirus Aid, Re-
20 lief, and Economic Security Act (Public Law 116–136) is
21 amended—
22 (1) by amending subsection (a) to read as fol-
23 lows:
24 ‘‘(a) SUSPENSION OF PAYMENTS.—
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1 ‘‘(1) IN GENERAL.—During the period beginning
2 on March 13, 2020, and ending on September 30,
3 2021, the Secretary or, as applicable, the Secretary of
4 Health and Human Services, shall suspend all pay-
5 ments due on Federal student loans.
6 ‘‘(2) TRANSITION PERIOD.—For one additional
7 30-day period beginning on the day after the last day
8 of the suspension period described in subsection (a),
9 the Secretary or, as applicable, the Secretary of
10 Health and Human Services, shall ensure that any
11 missed payments on a Federal student loan by a bor-
12 rower during such additional 30-day period—
13 ‘‘(A) do not result in collection fees or pen-
14 alties associated with late payments; and
15 ‘‘(B) are not reported to any consumer re-
16 porting agency or otherwise impact the bor-
17 rower’s credit history.
18 ‘‘(3) DETERMINATION OF COMPENSATION.—The
19 Secretary or, as applicable, the Secretary of Health
20 and Human Services shall—
21 ‘‘(A) with respect to a holder of a Federal
22 student loan defined in subparagraph (B) or (C)
23 of section 3502(a)(2)—
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1 ‘‘(i) determine any losses for such hold-
2 er due to the suspension of payments on
3 such loan under paragraph (1); and
4 ‘‘(ii) establish reasonable compensation
5 for such losses; and
6 ‘‘(B) not later than 60 days after the date
7 of enactment of the Pandemic Education Re-
8 sponse Act, with respect to a borrower who made
9 a payment on a Federal student loan defined in
10 subparagraph (B) or (C) of section 3502(a)(2)
11 during the period beginning on March 13, 2020,
12 and ending on such date of enactment, the Sec-
13 retary shall pay to the borrower, an amount
14 equal to the lower of—
15 ‘‘(i) the amount paid by the borrower
16 on such loan during such period; or
17 ‘‘(ii) the amount that was due on such
18 loan during such period.
19 ‘‘(4) RECERTIFICATION.—A borrower who is re-
20 paying a Federal student loan pursuant to an in-
21 come-contingent repayment plan under section
22 455(d)(1)(D) of the Higher Education Act of 1965 (20
23 U.S.C. 1087e(d)(1)(D)) or an income-based repay-
24 ment plan under section 493C of such Act (20 U.S.C.
25 1098e) shall not be required to recertify the income or
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1 family size of the borrower under such plan prior to
2 December 31, 2021.’’;
3 (2) in subsection (c), by striking ‘‘part D or B
4 of title IV of the Higher Education Act of 1965 (20
5 U.S.C. 1087a et seq.; 1071 et seq.)’’ and inserting
6 ‘‘part B, D, or E of title IV of the Higher Education
7 Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.;
8 1087aa et seq.)’’;
9 (3) in subsection (d), by striking ‘‘During the pe-
10 riod in which the Secretary suspends payments on a
11 loan under subsection (a), the Secretary’’ and insert-
12 ing ‘‘During the period in which payments on a Fed-
13 eral student loan are suspended under subsection (a),
14 the Secretary or, as applicable, the Secretary of
15 Health and Human Services’’;
16 (4) in subsection (e), by striking ‘‘During the pe-
17 riod in which the Secretary suspends payments on a
18 loan under subsection (a), the Secretary’’ and insert-
19 ing ‘‘During the period in which payments on a Fed-
20 eral student loan are suspended under subsection (a),
21 the Secretary or, as applicable, the Secretary of
22 Health and Human Services’’; and
23 (5) in subsection (f), by striking ‘‘the Secretary’’
24 and inserting ‘‘the Secretary or, as applicable, the
25 Secretary of Health and Human Services,’’.’’
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1 SEC. 133. NO INTEREST ACCRUAL.
2 Section 3513(b) of division A of the Coronavirus Aid,
3 Relief, and Economic Security Act (Public Law 116–136)
4 is amended to read as follows:
5 ‘‘(b) PROVIDING INTEREST RELIEF.—
6 ‘‘(1) NO ACCRUAL OF INTEREST.—
7 ‘‘(A) IN GENERAL.—During the period de-
8 scribed in subparagraph (D), interest on a Fed-
9 eral student loan shall not accrue or shall be
10 paid by the Secretary (or the Secretary of Health
11 and Human Services) during—
12 ‘‘(i) the repayment period of such loan;
13 ‘‘(ii) any period excluded from the re-
14 payment period of such loan (including any
15 period of deferment or forbearance);
16 ‘‘(iii) any period in which the bor-
17 rower of such loan is in a grace period; or
18 ‘‘(iv) any period in which the borrower
19 of such loan is in default on such loan.
20 ‘‘(B) DIRECT LOANS AND DEPARTMENT OF
21 EDUCATION HELD FFEL AND PERKINS LOANS.—
22 For purposes of subparagraph (A), interest shall
23 not accrue on a Federal student loan defined in
24 section 3502(a)(2)(A).
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1 ‘‘(C) FFEL AND PERKINS LOANS NOT HELD
2 BY THE DEPARTMENT OF EDUCATION AND HHS
3 LOANS.—For purposes of subparagraph (A)—
4 ‘‘(i) in the case of a Federal student
5 loan defined in section 3502(a)(2)(B), the
6 Secretary shall pay, on a monthly basis, the
7 amount of interest due on the unpaid prin-
8 cipal of such loan to the holder of such loan,
9 except that any payments made under this
10 clause shall not affect payment calculations
11 under section 438 of the Higher Education
12 Act of 1965 (20 U.S.C. 1087–1); and
13 ‘‘(ii) in the case of a Federal student
14 loan defined in section 3502(a)(2)(C), the
15 Secretary of Health and Human Services
16 shall pay, on a monthly basis, the amount
17 of interest due on the unpaid principal of
18 such loan to the holder of such loan.
19 ‘‘(D) PERIOD DESCRIBED.—
20 ‘‘(i) IN GENERAL.—The period de-
21 scribed in this clause is the period begin-
22 ning on March 13, 2020, and ending on the
23 later of—
24 ‘‘(I) September 30, 2021; or
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1 ‘‘(II) the day following the date of
2 enactment of the Pandemic Education
3 Response Act that is 2 months after the
4 national U–5 measure of labor under-
5 utilization shows initial signs of recov-
6 ery.
7 ‘‘(ii) DEFINITIONS.—In this subpara-
8 graph:
9 ‘‘(I) NATIONAL U–5 MEASURE OF
10 LABOR UNDERUTILIZATION.—The term
11 ‘national U–5 measure of labor under-
12 utilization’ means the seasonally-ad-
13 justed, monthly U–5 measure of labor
14 underutilization published by the Bu-
15 reau of Labor Statistics.
16 ‘‘(II) INITIAL SIGNS OF RECOV-
17 ERY.—The term ‘initial signs of recov-
18 ery’ means that the average national
19 U–5 measure of labor underutilization
20 for months in the most recent 3-con-
21 secutive-month period for which data
22 are available—
23 ‘‘(aa) is lower than the high-
24 est value of the average national
25 U–5 measure of labor under-
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1 utilization for a 3-consecutive-
2 month period during the period
3 beginning in March 2020 and the
4 most recent month for which data
5 from the Bureau of Labor Statis-
6 tics are available by an amount
7 that is equal to or greater than
8 one-third of the difference be-
9 tween—
10 ‘‘(AA) the highest value
11 of the average national U–5
12 measure of labor under-
13 utilization for a 3-consecu-
14 tive-month period during
15 such period; and
16 ‘‘(BB) the value of the
17 average national U–5 meas-
18 ure of labor underutilization
19 for the 3-consecutive-month
20 period ending in February
21 2020; and
22 ‘‘(bb) has decreased for each
23 month during the most recent 2
24 consecutive months for which data
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1 from the Bureau of Labor Statis-
2 tics are available.
3 ‘‘(E) OTHER DEFINITIONS.—In this para-
4 graph:
5 ‘‘(i) DEFAULT.—The term ‘default’—
6 ‘‘(I) in the case of a Federal stu-
7 dent loan made, insured, or guaranteed
8 under part B or D of the Higher Edu-
9 cation Act of 1965, has the meaning
10 given such term in section 435(l) of the
11 Higher Education Act of 1965 (20
12 U.S.C. 1085);
13 ‘‘(II) in the case of a Federal stu-
14 dent loan made under part E of the
15 Higher Education Act of 1965, has the
16 meaning given such term in section
17 674.2 of title 34, Code of Federal Regu-
18 lations (or successor regulations); or
19 ‘‘(III) in the case of a Federal stu-
20 dent loan defined in section
21 3502(a)(2)(C), has the meaning given
22 such term in section 721 or 835 of the
23 Public Health Service Act (42 U.S.C.
24 292q, 297a), as applicable.
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1 ‘‘(ii) GRACE PERIOD.—The term ‘grace
2 period’ means—
3 ‘‘(I) in the case of a Federal stu-
4 dent loan made, insured, or guaranteed
5 under part B or D of the Higher Edu-
6 cation Act of 1965, the 6-month period
7 after the date the student ceases to
8 carry at least one-half the normal full-
9 time academic workload, as described
10 in section 428(b)(7) of the Higher Edu-
11 cation Act of 1965 (20 U.S.C.
12 1078(b)(7));
13 ‘‘(II) in the case of a Federal stu-
14 dent loan made under part E of the
15 Higher Education Act of 1965, the 9-
16 month period after the date on which
17 a student ceases to carry at least one-
18 half the normal full-time academic
19 workload, as described in section
20 464(c)(1)(A) of the Higher Education
21 Act of 1965 (20 U.S.C.
22 1087dd(c)(1)(A)); and
23 ‘‘(III) in the case of a Federal stu-
24 dent loan defined in section
25 3502(a)(2)(C), the 1-year period de-
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1 scribed in section 722(c) of the Public
2 Health Service Act (42 U.S.C. 292r(c))
3 or the 9-month period described in sec-
4 tion 836(b)(2) of such Act (42 U.S.C.
5 297b(b)(2)), as applicable.
6 ‘‘(iii) REPAYMENT PERIOD.—The term
7 ‘repayment period’ means—
8 ‘‘(I) in the case of a Federal stu-
9 dent loan made, insured, or guaranteed
10 under part B or D of the Higher Edu-
11 cation Act of 1965, the repayment pe-
12 riod described in section 428(b)(7) of
13 the Higher Education Act of 1965 (20
14 U.S.C. 1078(b)(7));
15 ‘‘(II) in the case of a Federal stu-
16 dent loan made under part E of the
17 Higher Education Act of 1965, the re-
18 payment period described in section
19 464(c)(4) of the Higher Education Act
20 of 1965 (20 U.S.C. 1087dd(c)(4)); or
21 ‘‘(III) in the case of a Federal stu-
22 dent loan defined in section
23 3502(a)(2)(C), the repayment period
24 described in section 722(c) or 836(b)(2)
25 of the Public Health Service Act (42
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1 U.S.C. 292r(c), 297b(b)(2)), as appli-
2 cable.
3 ‘‘(2) INTEREST REFUND IN LIEU OF RETRO-
4 ACTIVE APPLICABILITY.—By not later than 60 days
5 after the date of enactment of the Pandemic Edu-
6 cation Response Act, the Secretary or, as applicable,
7 the Secretary of Health and Human Services, shall,
8 for each Federal student loan defined in subpara-
9 graph (B) or (C) of section 3502(a)(2) for which in-
10 terest was not paid by such Secretary pursuant to
11 paragraph (1) during the period beginning on March
12 13, 2020 and ending on such date of enactment—
13 ‘‘(A) determine the amount of interest due
14 (or that would have been due in the absence of
15 being voluntarily paid by the holder of such
16 loan) on such loan during the period beginning
17 March 13, 2020, and ending on such date of en-
18 actment; and
19 ‘‘(B) refund the amount of interest cal-
20 culated under subparagraph (A), by—
21 ‘‘(i) paying the holder of the loan the
22 amount of the interest calculated under sub-
23 paragraph (A), to be applied to the loan
24 balance for the borrower of such loan; or
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1 ‘‘(ii) if there is no outstanding balance
2 or payment due on the loan as of the date
3 on which the refund is to be provided, pro-
4 viding a payment in the amount of the in-
5 terest calculated under subparagraph (A)
6 directly to the borrower.
7 ‘‘(3) SUSPENSION OF INTEREST CAPITALIZA-
8 TION.—
9 ‘‘(A) IN GENERAL.—With respect to any
10 Federal student loan, interest that accrued but
11 had not been paid prior to March 13, 2020, and
12 had not been capitalized as of such date, shall
13 not be capitalized.
14 ‘‘(B) TRANSITION.—The Secretary or, as
15 applicable, the Secretary of Health and Human
16 Services, shall ensure that any interest on a Fed-
17 eral student loan that had been capitalized in
18 violation of subparagraph (A) is corrected and
19 the balance of principal and interest due for the
20 Federal student loan is adjusted accordingly.’’.
21 SEC. 134. NOTICE TO BORROWERS.
22 Section 3513(g) of division A of the Coronavirus Aid,
23 Relief, and Economic Security Act (Public Law 116–136)
24 is amended—
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1 (1) in the matter preceding paragraph (1), by
2 striking ‘‘the Secretary’’ and inserting ‘‘the Secretary
3 or, as applicable, the Secretary of Health and Human
4 Services,’’;
5 (2) in paragraph (1)(D), by striking the period
6 and inserting a semicolon;
7 (3) in paragraph (2)—
8 (A) in the matter preceding subparagraph
9 (A), by striking ‘‘August 1, 2020’’ and inserting
10 ‘‘August 1, 2021’’; and
11 (B) by amending subparagraph (B) to read
12 as follows:
13 ‘‘(B) that—
14 ‘‘(i) a borrower of a Federal student
15 loan made, insured, or guaranteed under
16 part B or D of title IV of the Higher Edu-
17 cation Act of 1965 may be eligible to enroll
18 in an income-contingent repayment plan
19 under section 455(d)(1)(D) of the Higher
20 Education Act of 1965 (20 U.S.C.
21 1087e(d)(1)(D)) or an income-based repay-
22 ment plan under section 493C of such Act
23 (20 U.S.C. 1098e), including a brief de-
24 scription of such repayment plans; and
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1 ‘‘(ii) in the case of a borrower of a
2 Federal student loan defined in section
3 3502(a)(2)(C) or made under part E of title
4 IV of the Higher Education of 1965, the
5 borrower may be eligible to enroll in such a
6 repayment plan if the borrower consolidates
7 such loan with a loan described in clause (i)
8 of this subparagraph, and receives a Federal
9 Direct Consolidation Loan under part D of
10 the Higher Education of 1965 (20 U.S.C.
11 1087a et seq.); and’’; and
12 (C) by adding at the end the following:
13 ‘‘(3) in a case in which the accrual of interest
14 on Federal student loans is suspended under sub-
15 section (b)(1) beyond September 30, 2021, during the
16 2-month period beginning on the date on which the
17 national U–5 measure of labor underutilization shows
18 initial signs of recovery (as such terms are defined in
19 subsection (b)(1)(D)) carry out a program to provide
20 not less than 6 notices by postal mail, telephone, or
21 electronic communication to borrowers—
22 ‘‘(A) indicating when the interest on Fed-
23 eral student loans of the borrower will resume
24 accrual and capitalization; and
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1 ‘‘(B) the information described in para-
2 graph (2)(B).’’.
3 SEC. 135. IMPLEMENTATION.
4 Section 3513 of division A of the Coronavirus Aid, Re-
5 lief, and Economic Security Act (Public Law 116–136), as
6 amended by this part, is further amended by adding at the
7 end the following:
8 ‘‘(i) IMPLEMENTATION.—
9 ‘‘(1) INFORMATION VERIFICATION.—
10 ‘‘(A) IN GENERAL.—To facilitate implemen-
11 tation of this section, information for the pur-
12 poses described in subparagraph (B), shall be re-
13 ported—
14 ‘‘(i) by the holders of Federal student
15 loans defined in section 3502(a)(2)(B) to
16 the satisfaction of the Secretary; and
17 ‘‘(ii) by the holders of Federal student
18 loans defined in section 3502(a)(2)(C) to the
19 satisfaction of the Secretary of Health and
20 Human Services.
21 ‘‘(B) PURPOSES.—The purposes of the in-
22 formation reported under subparagraph (A) are
23 to—
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1 ‘‘(i) verify, at the borrower level, the
2 payments that are provided or suspended
3 under this section; and
4 ‘‘(ii) calculate the amount of any in-
5 terest due to the holder for reimbursement of
6 interest under subsection (b).
7 ‘‘(2) COORDINATION.—The Secretary shall co-
8 ordinate with the Secretary of Health and Human
9 Services to carry out the provisions of this section
10 with respect to Federal student loans defined in sec-
11 tion 3502(a)(2)(C).’’.
12 SEC. 136. EFFECTIVE DATE.
13 Except as otherwise provided, this part, and the
14 amendments made by this part, shall take effect as if en-
15 acted as part of the Coronavirus Aid, Relief, and Economic
16 Security Act (Public Law 116–136).
17 PART 2—CONSOLIDATION LOANS AND PUBLIC
18 SERVICE LOAN FORGIVENESS
19 SEC. 137. SPECIAL RULES RELATING TO FEDERAL DIRECT
20 CONSOLIDATION LOANS.
21 (a) SPECIAL RULES RELATING TO FEDERAL DIRECT
22 CONSOLIDATION LOANS AND PSLF.—
23 (1) PUBLIC SERVICE LOAN FORGIVENESS OPTION
24 ON CONSOLIDATION APPLICATION.—
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1 (A) IN GENERAL.—During the period de-
2 scribed in subsection (e), the Secretary shall—
3 (i) include, in any application for a
4 Federal Direct Consolidation Loan under
5 part D of title IV of the Higher Education
6 Act of 1965 (20 U.S.C. 1087a et seq,), an
7 option for the borrower to indicate that the
8 borrower intends to participate in the pub-
9 lic service loan forgiveness program under
10 section 455(m) of such Act (20 U.S.C.
11 1087e(m)); and
12 (ii) for each borrower who submits an
13 application for a Federal Direct Consolida-
14 tion Loan, without regard to whether the
15 borrower indicates the intention described
16 in clause (i)—
17 (I) request that the borrower sub-
18 mit a certification of employment; and
19 (II) after receiving a complete cer-
20 tification of employment—
21 (aa) carry out the require-
22 ments of paragraph (2); and
23 (bb) inform the borrower of
24 the number of qualifying monthly
25 payments made on the component
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1 loans before consolidation that
2 shall be deemed, in accordance
3 with paragraph (2)(D), to be
4 qualifying monthly payments
5 made on the Federal Direct Con-
6 solidation Loan.
7 (B) HOLD HARMLESS.—The Secretary may
8 not change or otherwise rescind a calculation
9 made under paragraph (2)(D) after informing
10 the borrower of the results of such calculation
11 under subparagraph (A)(ii)(II)(bb).
12 (2) PROCESS TO DETERMINE QUALIFYING PAY-
13 MENTS FOR PURPOSES OF PSLF.—Upon receipt of a
14 complete certification of employment under para-
15 graph (1)(A)(ii)(II) of a borrower who receives a Fed-
16 eral Direct Consolidation Loan described in para-
17 graph (1)(A), the Secretary shall—
18 (A) review the borrower’s payment history
19 to identify each component loan of such Federal
20 Direct Consolidation Loan;
21 (B) for each such component loan—
22 (i) calculate the weighted factor of the
23 component loan, which shall be the factor
24 that represents the portion of such Federal
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1 Direct Consolidation Loan that is attrib-
2 utable to such component loan; and
3 (ii) determine the number of qualifying
4 monthly payments made on such component
5 loan before consolidation;
6 (C) calculate the number of qualifying
7 monthly payments determined under subpara-
8 graph (B)(ii) with respect to a component loan
9 that shall be deemed as qualifying monthly pay-
10 ments made on the Federal Direct Consolidation
11 Loan by multiplying—
12 (i) the weighted factor of such compo-
13 nent loan as determined under subpara-
14 graph (B)(i), by
15 (ii) the number of qualifying monthly
16 payments made on such component loan as
17 determined under subparagraph (B)(ii);
18 and
19 (D) calculate the total number of qualifying
20 monthly payments with respect to the component
21 loans of the Federal Direct Consolidation Loan
22 that shall be deemed as qualifying monthly pay-
23 ments made on such Federal Direct Consolida-
24 tion Loan by—
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1 (i) adding together the result of each
2 calculation made under subparagraph (C)
3 with respect to each such component loan;
4 and
5 (ii) rounding the number determined
6 under clause (i) to the nearest whole num-
7 ber.
8 (3) DEFINITIONS.—For purposes of this sub-
9 section:
10 (A) CERTIFICATION OF EMPLOYMENT.—The
11 term ‘‘certification of employment’’, used with
12 respect to a borrower, means a certification of
13 the employment of the borrower in a public serv-
14 ice job (as defined in section 455(m)(3)(B) of the
15 Higher Education Act of 1965) on or after Octo-
16 ber 1, 2007.
17 (B) COMPONENT LOAN.—The term ‘‘compo-
18 nent loan’’, used with respect to a Federal Direct
19 Consolidation Loan, means each loan for which
20 the liability has been discharged by the proceeds
21 of the Federal Direct Consolidation Loan,
22 which—
23 (i) may include a loan that is not an
24 eligible Federal Direct Loan (as defined in
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1 section 455(m)(3)(A) of the Higher Edu-
2 cation Act of 1965); and
3 (ii) in the case of a subsequent consoli-
4 dation loan, only includes loans for which
5 the liability has been directly discharged by
6 such subsequent consolidation loan.
7 (C) FEDERAL DIRECT CONSOLIDATION
8 LOAN.—The term ‘‘Federal Direct Consolidation
9 Loan’’ means a Federal Direct Consolidation
10 Loan made under part D of title IV of the High-
11 er Education Act of 1965 (20 U.S.C. 1087a et
12 seq.).
13 (D) QUALIFYING MONTHLY PAYMENT.—
14 (i) COMPONENT LOAN.—The term
15 ‘‘qualifying monthly payment’’, used with
16 respect to a component loan, means a
17 monthly payment on such loan made by a
18 borrower, during a period of employment in
19 a public service job (as defined in section
20 455(m)(3)(B) of the Higher Education Act
21 of 1965 (20 U.S.C. 1087e(m)(3)(B)) on or
22 after October 1, 2007, pursuant to—
23 (I) a repayment plan under part
24 B, D, or E of title IV of the Higher
25 Education Act of 1965 (20 U.S.C. 1071
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1 et seq.; 1087a et seq.; 1087aa et seq.);
2 or
3 (II) in the case of a loan made
4 under subpart II of part A of title VII
5 of the Public Health Service Act or
6 under part E of title VIII of the Public
7 Health Service Act, a repayment plan
8 under title VII or VIII of such Act.
9 (ii) FEDERAL DIRECT CONSOLIDATION
10 LOAN.—The term ‘‘qualifying monthly pay-
11 ment’’, used with respect to a Federal Di-
12 rect Consolidation Loan, means a monthly
13 payment on such loan that counts as 1 of
14 the 120 monthly payments described in sec-
15 tion 455(m)(1)(A) of the Higher Education
16 Act of 1965 (20 U.S.C. 1087e(m)(3)(B)).
17 (b) SPECIAL RULES RELATING TO FEDERAL DIRECT
18 CONSOLIDATION LOANS AND ICR AND IBR.—
19 (1) IN GENERAL.—During the period described
20 in subsection (e), with respect to a borrower who re-
21 ceives a Federal Direct Consolidation Loan and who
22 intends to repay such loan under an income-contin-
23 gent repayment plan under section 455(d)(1)(D) of
24 the Higher Education Act of 1965 (20 U.S.C.
25 1087e(d)(1)(D)) or an income-based repayment plan
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1 under section 493C of such Act (20 U.S.C. 1098e), the
2 Secretary shall—
3 (A) review the borrower’s payment history
4 to identify each component loan of such Federal
5 Direct Consolidation Loan;
6 (B) for each such component loan—
7 (i) calculate the weighted factor of the
8 component loan, which shall be the factor
9 that represents the portion of such Federal
10 Direct Consolidation Loan that is attrib-
11 utable to such component loan; and
12 (ii) determine the number of qualifying
13 monthly payments made on such component
14 loan before consolidation;
15 (C) calculate the number of qualifying
16 monthly payments determined under subpara-
17 graph (B)(ii) with respect to a component loan
18 that shall be deemed as qualifying monthly pay-
19 ments made on the Federal Direct Consolidation
20 Loan by multiplying—
21 (i) the weighted factor of such compo-
22 nent loan as determined under subpara-
23 graph (B)(i), by
24 (ii) the number of qualifying monthly
25 payments made on such component loan as
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1 determined under subparagraph (B)(ii);
2 and
3 (D) calculate and inform the borrower of
4 the total number of qualifying monthly pay-
5 ments with respect to the component loans of the
6 Federal Direct Consolidation Loan that shall be
7 deemed as qualifying monthly payments made
8 on such Federal Direct Consolidation Loan by—
9 (i) adding together the result of each
10 calculation made under subparagraph (C)
11 with respect to each such component loan;
12 and
13 (ii) rounding the number determined
14 under clause (i) to the nearest whole num-
15 ber.
16 (2) HOLD HARMLESS.—The Secretary may not
17 change or otherwise rescind a calculation made under
18 paragraph (1)(D) after informing the borrower of the
19 results of such calculation under such paragraph.
20 (3) DEFINITIONS.—In this subsection:
21 (A) COMPONENT LOAN; FEDERAL DIRECT
22 CONSOLIDATION LOAN.—The terms ‘‘component
23 loan’’ and ‘‘Federal Direct Consolidation Loan’’
24 have the meanings given the terms in subsection
25 (a).
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1 (B) QUALIFYING PAYMENT.—
2 (i) COMPONENT LOANS.—Subject to
3 clause (ii), the term ‘‘qualifying monthly
4 payment’’, used with respect to a component
5 loan, means a monthly payment on such
6 loan made by a borrower pursuant to—
7 (I) a repayment plan under part
8 B, D, or E of title IV of the Higher
9 Education Act of 1965 (20 U.S.C. 1071
10 et seq., 1087a et seq., 1087aa et seq.);
11 or
12 (II) in the case of a loan made
13 under subpart II of part A of title VII
14 of the Public Health Service Act (42
15 U.S.C. 292q et seq.) or under part E of
16 title VIII of the Public Health Service
17 Act (42 U.S.C. 297a et seq.), a repay-
18 ment plan under title VII or VIII of
19 such Act.
20 (ii) CLARIFICATION.—
21 (I) ICR.—For purposes of deter-
22 mining the number of qualifying
23 monthly payments made on a compo-
24 nent loan pursuant to an income-con-
25 tingent repayment plan under section
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1 455(d)(1)(D) of the Higher Education
2 Act of 1965 (20 U.S.C.
3 1087e(d)(1)(D)), each month a bor-
4 rower is determined to meet the re-
5 quirements of section 455(e)(7)(B)(i) of
6 such Act with respect to such loan shall
7 be treated as such a qualifying month-
8 ly payment.
9 (II) IBR.—For purposes of deter-
10 mining the number of qualifying
11 monthly payments made on a compo-
12 nent loan pursuant to an income-based
13 repayment plan under section 493C of
14 such Act (20 U.S.C. 1098e), each
15 month a borrower was determined to
16 meet the requirements of subsection
17 (b)(7)(B) of such section 493C with re-
18 spect to such loan shall be treated as
19 such a qualifying monthly payment.
20 (iii) FEDERAL DIRECT CONSOLIDATION
21 LOANS.—The term ‘‘qualifying monthly
22 payment’’, used with respect to a Federal
23 Direct Consolidation Loan, means a month-
24 ly payment on such loan that counts as a
25 monthly payment under an income-contin-
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1 gent repayment plan under section
2 455(d)(1)(D) of the Higher Education Act
3 of 1965 (20 U.S.C. 1087e(d)(1)(D)), or an
4 income-based repayment plan under section
5 493C of the Higher Education Act of 1965
6 (20 U.S.C. 1098e).
7 (c) NOTIFICATION TO BORROWERS.—
8 (1) IN GENERAL.—During the period described
9 in subsection (e), the Secretary and the Secretary of
10 Health and Human Services shall undertake a cam-
11 paign to alert borrowers of a loan described in para-
12 graph (2)—
13 (A) on the benefits of consolidating such
14 loans into a Federal Direct Consolidation Loan,
15 including the benefits of the special rules under
16 subsections (a) and (b) of this section; and
17 (B) under which servicers and holders of
18 Federal student loans shall provide to borrowers
19 such consumer information, and in such manner,
20 as determined appropriate by the Secretaries,
21 based on conducting consumer testing to deter-
22 mine how to make the information as meaning-
23 ful to borrowers as possible.
24 (2) FEDERAL STUDENT LOANS.—A loan de-
25 scribed in this paragraph is—
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1 (A) a loan made under subpart II of part
2 A of title VII of the Public Health Service Act
3 or under part E of title VIII of such Act; or
4 (B) a loan made under part E of the High-
5 er Education Act of 1965.
6 (d) SPECIAL RULE FOR INTEREST ON FEDERAL DI-
7 RECT CONSOLIDATION LOANS.—Any Federal Direct Con-
8 solidation Loan for which the application is received during
9 the period described in subsection (e), shall bear interest at
10 an annual rate as calculated under section 455(b)(8)(D) of
11 the Higher Education Act of 1965 (20 U.S.C.
12 1087e(b)(8)(D)), without regard to the requirement to
13 round the weighted average of the interest rate to the nearest
14 higher one-eighth of one percent.
15 (e) PERIOD.—The period described in this clause is the
16 period beginning on the date of enactment of this Act, and
17 ending on the later of—
18 (1) September 30, 2021; or
19 (2) the day following the date of enactment of
20 this Act that is 2 months after the national U–5
21 measure of labor underutilization shows initial signs
22 of recovery (as such terms are defined in section
23 3513(b) of the Coronavirus Aid, Relief, and Economic
24 Security Act (Public Law 116–136), as amended by
25 this Act)).
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1 (f) GAO STUDY ON IMPLEMENTATION OF SPECIAL
2 RULES ON CONSOLIDATION.—Not later than 6 months after
3 the date of enactment of this Act, the Comptroller General
4 of the United States shall submit a report to the authorizing
5 committees (defined in section 103 of the Higher Education
6 Act of 1965 (20 U.S.C. 1003) on the implementation of this
7 section, which shall include—
8 (1) information on borrowers who apply for or
9 receive a Federal Direct Consolidation Loan under
10 part D of the Higher Education Act of 1965 during
11 the period described in subsection (e), disaggregated—
12 (A) by borrowers who intend to participate
13 in the public service loan forgiveness program
14 under section 455(m) of such Act (20 U.S.C.
15 1087e(m)); and
16 (B) by borrowers who intend to repay such
17 loans on an income-contingent repayment plan
18 under section 455(d)(1)(D) of the Higher Edu-
19 cation Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or
20 an income-based repayment plan under section
21 493C of such Act (20 U.S.C. 1098e);
22 (2) the extent to which the Secretary has estab-
23 lished procedures for carrying out subsections (a) and
24 (b);
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1 (3) the extent to which the Secretary and the
2 Secretary of Health and Human Services have car-
3 ried out the notification to borrowers required under
4 subsection (c); and
5 (4) recommendations on improving the imple-
6 mentation of this section to ensure increased borrower
7 participation.
8 SEC. 138. TREATMENT OF PSLF.
9 (a) EXCEPTION FOR PURPOSES OF PSLF LOAN FOR-
10 GIVENESS.—Section 455(m)(1)(B) of the Higher Education
11 Act of 1965 (20 U.S.C. 1087e(m)(1)(B)) shall apply as if
12 clause (i) were struck.
13 (b) HEALTH CARE PRACTITIONER.—In section
14 455(m)(3)(B)(i) of the Higher Education Act of 1965 (20
15 U.S.C. 1087e(m)(3)(B)(i)), the term ‘‘full-time professionals
16 engaged in health care practitioner occupations’’ includes
17 an individual who—
18 (1) has a full-time job as a health care practi-
19 tioner;
20 (2) provides medical services in such full-time
21 job at a nonprofit hospital or public hospital or other
22 nonprofit or public health care facility; and
23 (3) is prohibited by State law from being em-
24 ployed directly by such hospital or other health care
25 facility.
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1 Subtitle D—Protecting Students
2 SEC. 141. NOTIFICATIONS AND REPORTING RELATING TO
3 HIGHER EDUCATION.
4 (a) NOTIFICATION OF NON-CARES ACT FLEXIBILI-
5 TIES.—
6 (1) NOTICE TO CONGRESS.—
7 (A) IN GENERAL.—Not later than two days
8 before the date on which the Secretary grants a
9 flexibility described in paragraph (4), the Sec-
10 retary shall—
11 (i) submit to the authorizing commit-
12 tees a written notification of the Secretary’s
13 intent to grant such flexibility; and
14 (ii) publish the notification on a pub-
15 licly accessible website of the Department of
16 Education.
17 (B) ELEMENTS.—Each notification under
18 subparagraph (A) shall—
19 (i) identify the provision of law, regu-
20 lation, or subregulatory guidance to which
21 the flexibility will apply;
22 (ii) identify any limitations on the
23 flexibility, including any time limits;
24 (iii) identify the statutory authority
25 under which the flexibility is provided;
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1 (iv) identify the class of covered enti-
2 ties to which the flexibility will apply;
3 (v) identify whether a covered entity
4 will need to request the flexibility or wheth-
5 er the flexibility will be applied without re-
6 quest;
7 (vi) in the case of a flexibility that re-
8 quires a covered entity to request the flexi-
9 bility, identify the factors the Secretary will
10 consider in approving or denying the flexi-
11 bility;
12 (vii) explain how the flexibility is ex-
13 pected to benefit the covered entity or class
14 of covered entities to which it applies; and
15 (viii) explain the reasons the flexibility
16 is necessary and appropriate due to
17 COVID–19.
18 (2) QUARTERLY REPORTS.—Not later than 10
19 days after the end of each fiscal quarter for the dura-
20 tion of the qualifying emergency through the end of
21 the first fiscal year beginning after the conclusion of
22 such qualifying emergency, the Secretary shall submit
23 to the authorizing committees a report that includes,
24 with respect to flexibilities described in paragraph (4)
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1 that have been issued by the Secretary in the most re-
2 cently ended fiscal quarter, the following:
3 (A) In the case of a flexibility that was
4 issued by the Secretary without request from a
5 covered entity, an explanation of all require-
6 ments, including reporting requirements, that the
7 Secretary imposed on the covered entity as a
8 condition of the flexibility.
9 (B) In the case of a flexibility for which a
10 covered entity requested and received specific ap-
11 proval from the Secretary—
12 (i) identification of the covered entity
13 that received the flexibility;
14 (ii) an explanation of the specific rea-
15 sons for approval of the request;
16 (iii) a detailed description of the terms
17 of the flexibility, including—
18 (I) a description of any limita-
19 tions on the flexibility; and
20 (II) identification of each provi-
21 sion of law (including regulation and
22 subregulatory guidance) that is waived
23 or modified and, for each such provi-
24 sion, the statutory authority under
25 which the flexibility was provided; and
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1 (iv) a copy of the final document
2 granting the flexibility.
3 (C) In the case of any request for a flexi-
4 bility that was denied by the Secretary—
5 (i) identification of the covered entity
6 or entities that were denied a flexibility;
7 (ii) a detailed description of the terms
8 of the request for the flexibility; and
9 (iii) an explanation of the specific rea-
10 sons for denial of the request.
11 (3) REPORT ON FLEXIBILITIES GRANTED BEFORE
12 ENACTMENT.—Not later than 30 days after the date
13 of enactment of this Act, the Secretary shall submit
14 to the authorizing committees a report that—
15 (A) identifies each flexibility described in
16 paragraph (4) that was granted by the Secretary
17 between March 13, 2020, and the date of enact-
18 ment of this Act; and
19 (B) with respect to each such flexibility,
20 provides the information specified in paragraph
21 (1)(B).
22 (4) FLEXIBILITY DESCRIBED.—A flexibility de-
23 scribed in this paragraph is modification or waiver
24 of any provision of the Higher Education Act of 1965
25 (20 U.S.C. 1001 et seq.) (including any regulation or
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1 subregulatory guidance issued under such a provi-
2 sion) that the Secretary determines to be necessary
3 and appropriate to modify or waive due to COVID–
4 19, other than a provision of the Higher Education
5 Act of 1965 that the Secretary is specifically author-
6 ized to modify or waive pursuant to the CARES Act
7 (Public Law 116–136).
8 (5) PRIVACY.—The Secretary shall ensure that
9 any report or notification submitted under this sub-
10 section does not reveal personally identifiable infor-
11 mation about an individual student.
12 (6) RULE OF CONSTRUCTION.—Nothing in this
13 subsection shall be construed to authorize the Sec-
14 retary to waive or modify any provision of law.
15 (b) REPORTS ON EXERCISE OF CARES ACT WAIVERS
16 BY INSTITUTIONS OF HIGHER EDUCATION.—Not later than
17 30 days after the date of enactment of this Act, each institu-
18 tion of higher education that exercises an authority pro-
19 vided under section 3503(b), section 3504, section 3505, sec-
20 tion 3508(d), section 3509, or section 3517(b) of the CARES
21 Act (Public Law 116–136) shall submit to the Secretary
22 a report that describes the nature and extent of the institu-
23 tion’s exercise of such authorities, including the number of
24 students and amounts of aid provided under title IV of the
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1 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) af-
2 fected by the exercise of such authorities, as applicable.
3 (c) REPORTS ON CHANGES TO CONTRACTS AND
4 AGREEMENTS.—Not later than 10 days after the end of each
5 fiscal quarter for the duration of the qualifying emergency
6 through the end of the first fiscal year beginning after the
7 conclusion of such qualifying emergency, the Secretary shall
8 submit to the authorizing committees a report that includes,
9 for the most recently ended fiscal quarter—
10 (1) a summary of all modifications to any con-
11 tracts with Department of Education contractors re-
12 lating to Federal student loans, including—
13 (A) the contractual provisions that were
14 modified;
15 (B) the names of all contractors affected by
16 the modifications; and
17 (C) estimates of any costs or savings result-
18 ing from the modifications;
19 (2) a summary of all amendments, addendums,
20 or other modifications to program participation
21 agreements with institutions of higher education
22 under section 487 of the Higher Education Act of
23 1965 (20 U.S.C. 1094), any provisional program par-
24 ticipation agreements entered into under such section,
25 including—
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1 (A) any provisions of such agreements that
2 were modified by the Department of Education;
3 and
4 (B) the number of institutions of higher
5 education that received such modifications or en-
6 tered into such provisional agreements,
7 disaggregated by—
8 (i) status as a four-year, two-year, or
9 less-than-two-year public institution, pri-
10 vate nonprofit institution, or proprietary
11 institution; and
12 (ii) each category of minority-serving
13 institution described in section 371(a) of the
14 Higher Education Act (20 U.S.C. 1067q);
15 and
16 (3) sample copies of program participation
17 agreements (including provisional agreements), se-
18 lected at random from among the agreements de-
19 scribed in paragraph (2), including at least one
20 agreement from each type of institution (whether a
21 public institution, private nonprofit institution, or
22 proprietary institution) that received a modified or
23 provisional agreement.
24 (d) REPORT TO CONGRESS.—
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1 (1) IN GENERAL.—Not later than 90 days after
2 the date of enactment of this Act, the Secretary shall
3 submit to the authorizing committees a report that
4 includes the following:
5 (A) A summary of the reports received by
6 the Secretary under subsection (b).
7 (B) A description of—
8 (i) the Secretary’s use of the authority
9 under section 3506 of the CARES Act (Pub-
10 lic Law 116–136) to adjust subsidized loan
11 usage limits, including the total number of
12 students and the total amount of subsidized
13 loans under title IV of the Higher Edu-
14 cation Act of 1965 (20 U.S.C. 1070 et seq.)
15 affected by the Secretary’s use of such au-
16 thority;
17 (ii) the Secretary’s use of the authority
18 under section 3507 of the CARES Act (Pub-
19 lic Law 116–136) to exclude certain periods
20 from the Federal Pell Grant duration limit,
21 including the total number of students and
22 the total amount of Federal Pell Grants
23 under section 401 of the Higher Education
24 Act of 1965 (20 U.S.C. 1070a) affected by
25 the Secretary’s use of such authority; and
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1 (iii) the Secretary’s use of the author-
2 ity under section 3508 of the CARES Act
3 (Public Law 116–136) to waive certain re-
4 quirements for the return of Federal funds,
5 including—
6 (I) in the case of waivers issued to
7 students under such section, the total
8 number of students and the total
9 amount of aid under title IV of the
10 Higher Education Act of 1965 (20
11 U.S.C. 1070 et seq.) affected by the
12 Secretary’s use of such authority; and
13 (II) in the case of waivers issued
14 to institutions of higher education
15 under such section, the total number of
16 students and the total amount of aid
17 under title IV of the Higher Education
18 Act of 1965 (20 U.S.C. 1070 et seq.) af-
19 fected by the Secretary’s use of such
20 authority.
21 (C) A summary of the information required
22 to be reported to the authorizing committees
23 under sections 3510 and 3512 of the CARES Act
24 (Public Law 116–136), as amended by this Act,
25 regardless of whether such information has pre-
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1 viously been reported to such committees as of
2 the date of the report under this subsection.
3 (D) Information relating to the temporary
4 relief for Federal student loan borrowers pro-
5 vided under section 3513 of the CARES Act
6 (Public Law 116–136), including—
7 (i) with respect to the notifications re-
8 quired under subsection (g)(1) of such sec-
9 tion—
10 (I) the total number of individual
11 notifications sent to borrowers in ac-
12 cordance with such subsection,
13 disaggregated by electronic, postal, and
14 telephonic notifications;
15 (II) the total number of notifica-
16 tions described in clause (i) that were
17 sent within the 15-day period specified
18 in such subsection; and
19 (III) the actual costs to the De-
20 partment of Education of making the
21 notifications under such subsection;
22 (ii) the projected costs to the Depart-
23 ment of Education of making the notifica-
24 tions required under subsection (g)(2) of
25 such section;
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1 (iii) the number of Federal student
2 loan borrowers who have affirmatively
3 opted-out of payment suspension under sub-
4 section (a) of such section;
5 (iv) the number of individual notifica-
6 tions sent to employers directing the em-
7 ployers to halt wage garnishment pursuant
8 to subsection (e) of such section,
9 disaggregated by electronic, postal, and tele-
10 phonic notifications;
11 (v) the number of Federal student loan
12 borrowers who have had their wages gar-
13 nished pursuant to section 488A of the
14 Higher Education Act of 1965 (20 U.S.C.
15 1095a) or section 3720D of title 31, United
16 States Code, between March 13, 2020, and
17 the date of the date of enactment of this Act;
18 (vi) the number of Federal student loan
19 borrowers subject to interest capitalization
20 as a result of consolidating Federal student
21 loans since March 13, 2020, and the total
22 amount of such interest capitalization;
23 (vii) the average daily call wait times
24 and call drop rates, disaggregated by stu-
25 dent loan servicer, for the period between
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1 March 13, 2020, and the date of enactment
2 of this Act; and
3 (viii) the estimated or projected sav-
4 ings to the Department of Education for
5 student loan servicing activities for the pe-
6 riod beginning on March 13, 2020, and
7 ending on September 30, 2020, due to lower
8 reimbursement or contract costs per account
9 for student loan servicers and private collec-
10 tion agencies resulting from the suspension
11 of Federal student loan payments and halt
12 to collection activities under the CARES
13 Act (Public Law 116–136).
14 (E) Information relating to the special rules
15 relating to Federal Direct Consolidation Loans
16 under section 137 of this Act, including—
17 (i) the number of borrowers who sub-
18 mitted an application for a Federal Direct
19 Consolidation Loan;
20 (ii) the number of borrowers who re-
21 ceived a Federal Direct Consolidation Loan;
22 and
23 (iii) the wait time between submitting
24 an application and receiving a Federal Di-
25 rect Consolidation Loan.
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1 (F) A summary of the information required
2 to be reported to the authorizing committees
3 under section 3517(c) and section 3518(c) of the
4 CARES Act (Public Law 116–136), as amended
5 by this Act, regardless of whether such informa-
6 tion has previously been reported to such com-
7 mittees as of the date of the report under this
8 subsection.
9 (G) A copy of any communication from the
10 Department of Education to grantees and Fed-
11 eral student loan borrowers eligible for rights
12 and benefits under section 3519 of the CARES
13 Act (Public Law 116–136) to inform such grant-
14 ees and borrowers of their eligibility for such
15 rights and benefits.
16 (2) DUTY OF HHS.—The Secretary of Health and
17 Human Services shall provide to the Secretary of
18 Education the information necessary for the Secretary
19 of Education to comply with paragraph (1)(D).
20 (e) AMENDMENTS TO CARES ACT REPORTING RE-
21 QUIREMENTS.—
22 (1) REPORTING REQUIREMENT FOR HBCU CAP-
23 ITAL FINANCING LOAN DEFERMENT.—Section 3512(c)
24 of the CARES Act (Public Law 116–136) is amended
25 by striking the period at the end and inserting ‘‘, the
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1 terms of the loans deferred, and the schedule for re-
2 payment of the deferred loan amount.’’.
3 (2) REPORTING REQUIREMENT FOR INSTITU-
4 TIONAL AID MODIFICATIONS.—Section 3517(c) of the
5 CARES Act (Public Law 116–136) is amended by
6 striking the period at the end and inserting ‘‘, identi-
7 fies the statutory provision waived or modified, and
8 describes the terms of the waiver or modification re-
9 ceived by the institution.’’.
10 (3) REPORTING REQUIREMENT FOR GRANT MODI-
11 FICATIONS.—Section 3518(c) of the CARES Act (Pub-
12 lic Law 116–136) is amended by striking the period
13 at the end and inserting ‘‘and describes the terms of
14 the modification received by the institution or other
15 grant recipient.’’.
16 (f) DEFINITIONS.—In this section:
17 (1) The term ‘‘covered entity’’ means an institu-
18 tion of higher education, a Federal contractor, a stu-
19 dent, or any other entity that is subject to the Higher
20 Education Act of 1965 (20 U.S.C. 1001 et seq.).
21 (2) The term ‘‘Federal student loan’’ means a
22 loan described in section 3502(a)(2) of the CARES
23 Act (Public Law 116–136), as amended by this Act.
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1 SEC. 142. PROTECTING STUDENTS FROM PREDATORY RE-
2 CRUITMENT.
3 (a) UNDERCOVER AND AUDIT-BASED INVESTIGA-
4 TIONS.—During the covered period, in carrying out the pro-
5 visions of subpart 3 of part H of title IV of such Act (20
6 U.S.C. 1099c et seq.), including paragraphs (1) and (2) of
7 section 498A(a) of the Higher Education Act of 1965 (20
8 U.S.C. 1099c–1(a)), the Secretary of Education shall—
9 (1) conduct regular undercover and audit-based
10 investigations for the purpose of encouraging the eth-
11 ical treatment of students and prospective students
12 and detecting fraud and abuse in the Federal student
13 aid programs, including—
14 (A) violations described in section 487(c)(3)
15 of the Higher Education Act of 1965 (20 U.S.C.
16 1094(c)(3));
17 (B) violations of section 487(a)(20) of such
18 Act (20 U.S.C. 1094(a)(20));
19 (C) violations described in subparagraphs
20 (A) and (B) by any entity with which the insti-
21 tution has contracted for student recruitment or
22 admission activities; and
23 (D) violations of subsection (b) of this sec-
24 tion;
25 (2) develop written guidelines for the investiga-
26 tions described in paragraph (1)—
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1 (A) in accordance with commonly-accepted
2 practices for undercover operations by Office of
3 Inspector General of the Department of Edu-
4 cation; and
5 (B) in consultation with other relevant
6 agencies, including the Department of Justice,
7 Federal Trade Commission, Consumer Financial
8 Protection Bureau, and the Office of Inspector
9 General of the Department of Education;
10 (3) ensure that institutions found in violation of
11 the provisions under paragraph (1) shall be subject to
12 a sanction determined by the Secretary of Education
13 under section 487(c) of the Higher Education Act of
14 1965 (20 U.S.C. 1094(c)); and
15 (4) provide to the authorizing committees (as de-
16 fined in section 103 of the Higher Education Act of
17 1965 (20 U.S.C. 1003)), and make available to the
18 public, an annual report on—
19 (A) the findings of investigations described
20 in paragraph (1); and
21 (B) the applicable sanctions imposed on in-
22 stitutions found in violation of the provisions de-
23 scribed in paragraph (1).
24 (b) NOTICE OF INCENTIVE PAYMENT BAN.—During
25 the covered period, each institution of higher education par-
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1 ticipating in a program under title IV of the Higher Edu-
2 cation Act of 1965 (20 U.S.C. 1070 et seq.) shall—
3 (1) provide notice of the ban on prohibited incen-
4 tive payment (including commissions and bonuses)
5 under section 487(a)(20) of such Act (20 U.S.C.
6 1094(a)(20)) (and accompanying regulations) upon
7 hiring an employee or entering into a contract with
8 a third party contractor, and at least once per cal-
9 endar year to employees and third-party contractors
10 of the institution; and
11 (2) publish a clear statement in all internal re-
12 cruitment materials, including guides or manuals, ac-
13 knowledging such ban.
14 (c) SUNSET.—For purposes of this section, the term
15 ‘‘covered period’’ means the period beginning on the date
16 of enactment of this Act and ending on the date on which
17 subpart 3 of part H of title IV of the Higher Education
18 (20 U.S.C. 1099c) is amended or repealed.
19 TITLE II—IMPACT AID AND MI-
20 GRANT EDUCATION
21 CORONAVIRUS RELIEF
22 SEC. 201. IMPACT AID.
23 Due to the national emergency declared by the Presi-
24 dent under the National Emergencies Act (50 U.S.C. 1601
25 et seq.) on March 13, 2020, with respect to the coronavirus,
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1 and notwithstanding sections 7002(j) and 7003(c) of the El-
2 ementary and Secondary Education Act of 1965 (20 U.S.C.
3 7702(j), 7703(c)), a local educational agency desiring to re-
4 ceive a payment under section 7002 or 7003 of such Act
5 (20 U.S.C. 7702, 7703) for fiscal year 2022 that also sub-
6 mitted an application for such payment for fiscal year 2021
7 shall, in the application submitted under section 7005 of
8 such Act (20 U.S.C. 7705) for fiscal year 2022—
9 (1) with respect to a requested payment under
10 section 7002 of such Act (20 U.S.C. 7702)—
11 (A) use the data described in subsection (j)
12 of such section 7002 relating to calculating such
13 payment that was submitted by the local edu-
14 cational agency in the application for fiscal year
15 2021; or
16 (B) use the data relating to calculating such
17 payment for the fiscal year required under such
18 subsection (j); and
19 (2) with respect to a requested payment under
20 section 7003 of such Act (20 U.S.C. 7703)—
21 (A) use the student count data relating to
22 calculating such payment that was submitted by
23 the local educational agency in the application
24 for fiscal year 2021, except that payments for
25 fiscal year 2022 shall be calculated by the Sec-
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1 retary using the expenditures and rates described
2 in clauses (i), (ii), (iii), and (iv) of subsection
3 (b)(1)(C) of such section 7003 that would other-
4 wise apply for fiscal year 2022; or
5 (B) use the student count data relating to
6 calculating such payment for the fiscal year re-
7 quired under subsection (c) of such section 7003.
8 SEC. 202. EDUCATION OF MIGRATORY CHILDREN.
9 Due to the national emergency declared by the Presi-
10 dent under the National Emergencies Act (50 U.S.C. 1601
11 et seq.) on March 13, 2020, with respect to the coronavirus,
12 and notwithstanding subsections (a)(1) and (f)(1) of section
13 1303 of the Elementary and Secondary Education Act of
14 1965 (20 U.S.C. 6393), for the purposes of making deter-
15 minations under subsections (a)(1) and (f) of such section
16 1303 for fiscal year 2021 and all subsequent fiscal years
17 for which school year 2019–2020 data would be used in the
18 calculations under section 1303(a)(1) of such Act (20 U.S.C.
19 6393(a)(1)) , the Secretary of Education shall use school
20 year 2018–2019 or school year 2019–2020 data, whichever
21 data are greater, wherever school year 2019–2020 data oth-
22 erwise would be required.
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1 TITLE III—CAREER, TECHNICAL,
2 AND ADULT EDUCATION
3 SEC. 301. DEFINITIONS.
4 In this subtitle:
5 (1) CORONAVIRUS.—The term ‘‘coronavirus’’
6 means coronavirus as defined in section 506 of the
7 Coronavirus Preparedness and Response Supple-
8 mental Appropriations Act, 2020 (Public Law 116–
9 123).
10 (2) COVID–19 NATIONAL EMERGENCY.—The
11 term ‘‘COVID–19 national emergency’’ means the na-
12 tional emergency declared by the President under the
13 National Emergencies Act (50 U.S.C. 1601 et seq.) on
14 March 13, 2020, with respect to the coronavirus.
15 SEC. 302. COVID–19 CAREER AND TECHNICAL EDUCATION
16 RESPONSE FLEXIBILITY.
17 (a) POOLING OF FUNDS.—An eligible recipient may,
18 in accordance with section 135(c) of the Carl D. Perkins
19 Career and Technical Education Act of 2006 (20 U.S.C.
20 2355(c)), pool a portion of funds received under such Act
21 with a portion of funds received under such Act available
22 to one or more eligible recipients to support the transition
23 from secondary education to postsecondary education or
24 employment for CTE participants whose academic year
25 was interrupted by the COVID–19 national emergency.
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1 (b) PROFESSIONAL DEVELOPMENT.—During the
2 COVID–19 national emergency, section 3(40)(B) of the Carl
3 D. Perkins Career and Technical Education Act of 2006
4 (20 U.S.C. 2302(40)(B)) shall apply as if ‘‘sustained (not
5 stand-alone, 1-day, or short-term workshops), intensive, col-
6 laborative, job-embedded, data-driven, and classroom-fo-
7 cused,’’ were struck.
8 (c) DEFINITIONS.—Except as otherwise provided, the
9 terms in this section have the meanings given the terms in
10 section 3 of the Carl D. Perkins Career and Technical Edu-
11 cation Act of 2006 (20 U.S.C. 2302).
12 SEC. 303. ADULT EDUCATION AND LITERACY RESPONSE AC-
13 TIVITIES.
14 (a) ONLINE SERVICE DELIVERY OF ADULT EDU-
15 CATION AND LITERACY ACTIVITIES.—During the COVID–
16 19 national emergency, an eligible agency may use funds
17 available to such agency under paragraphs (2) and (3) of
18 section 222(a) of the Workforce Innovation and Oppor-
19 tunity Act (20 U.S.C. 3302(a)) for the administrative ex-
20 penses of the eligible agency related to transitions to online
21 service delivery of adult education and literacy activities.
22 (b) DEFINITIONS.—Except as otherwise provided, the
23 terms in this section have the meanings given the terms in
24 section 203 of the Workforce Innovation and Opportunity
25 Act (29 U.S.C. 3272).
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1 TITLE IV—DISABILITY
2 EMPLOYMENT
3 SEC. 401. REHABILITATION ACT WAIVERS.
4 (a) PROVISIONS ELIGIBLE FOR WAIVER.—The fol-
5 lowing provisions of the Rehabilitation Act of 1973 (29
6 U.S.C. 701 et seq.) are eligible for waivers due to the na-
7 tional emergency declared by the President under the Na-
8 tional Emergencies Act (50 U.S.C. 1601 et seq.) on March
9 13, 2020, with respect to the coronavirus:
10 (1) The Secretary of Education may provide a
11 waiver of section 103(b)(1) to allow the replacement
12 of expired or spoiled food products at vending facili-
13 ties.
14 (2) The Secretary of Education may provide a
15 waiver of the service obligation requirement under
16 section 302(b) due to interrupted service obligations.
17 (b) DURATION.—A waiver approved by the Secretary
18 under subsection (a) shall expire on the earlier of the fol-
19 lowing dates:
20 (1) The date that is 1 year after the date of the
21 enactment of this Act.
22 (2) The last day of the national emergency re-
23 ferred to in subsection (a).
24 (c) STREAMLINED PROCESS.—The Secretary of Edu-
25 cation shall create a streamlined application process to re-
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1 quest a waiver under this section, and the Secretary may
2 grant such waiver if the Secretary determines that the waiv-
3 er is necessary and appropriate.
4 (d) LIMITATION.—Nothing in this section shall be con-
5 strued to allow the Secretary to waive any statutory or reg-
6 ulatory requirements under applicable civil rights laws.
7 (e) REPORTING AND PUBLICATION.—
8 (1) PUBLIC NOTICE.—A State requesting a waiv-
9 er under this section shall provide the public notice
10 of, and the opportunity to comment on, the request by
11 posting on the State website information regarding
12 the waiver request and the process for commenting.
13 (2) NOTIFYING CONGRESS.—Not later than 7
14 days after—
15 (A) receiving a waiver request from a State
16 under this section, the Secretary of Education
17 shall notify the Committee on Health, Edu-
18 cation, Labor, and Pensions of the Senate, the
19 Committee on Appropriations of the Senate, the
20 Committee on Education and Labor of the House
21 of Representatives, and the Committee on Appro-
22 priations of the House of Representatives of such
23 waiver request; and
24 (B) granting a waiver under this section,
25 the Secretary of Education shall notify the Com-
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1 mittee on Health, Education, Labor, and Pen-
2 sions of the Senate, the Committee on Appro-
3 priations of the Senate, the Committee on Edu-
4 cation and Labor of the House of Representa-
5 tives, and the Committee on Appropriations of
6 the House of Representatives of such waiver.
7 (3) PUBLICATION.—Not later than 30 days after
8 granting a waiver under this section, the Secretary of
9 Education shall publish a notice of the Secretary’s de-
10 cision (including which waiver was granted and the
11 reason for granting the waiver) in the Federal Reg-
12 ister and on the website of the Department of Edu-
13 cation.
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1 DIVISION C—PROTECTION FOR
2 FAMILIES AND WORKERS
3 TITLE I—AMENDMENTS TO
4 EMERGENCY FAMILY AND
5 MEDICAL LEAVE EXPANSION
6 ACT AND EMERGENCY PAID
7 SICK LEAVE ACT
8 Subtitle A—Emergency Family and
9 Medical Leave Expansion Act
10 Amendments
11 SEC. 101. REFERENCES.
12 Except as otherwise expressly provided, whenever in
13 this subtitle an amendment or repeal is expressed in terms
14 of an amendment to, or repeal of, a section or other provi-
15 sion, the reference shall be considered to be made to a section
16 or other provision of the Family and Medical Leave Act
17 of 1993 (29 U.S.C. 2601 et seq.), as amended by the Emer-
18 gency Family and Medical Leave Expansion Act (Public
19 Law 116–127).
20 SEC. 102. EMPLOYEE ELIGIBILITY AND EMPLOYER CLARI-
21 FICATION.
22 (a) EMPLOYEE ELIGIBILITY.—Section 101(2) is
23 amended by adding at the end the following:
24 ‘‘(F) ALTERNATIVE ELIGIBILITY FOR COVID–
25 19 PUBLIC HEALTH EMERGENCY .—For the pe-
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1 riod beginning on the date of the enactment of
2 The Heroes Act and ending on December 31,
3 2022—
4 ‘‘(i) subparagraph (A)(i) shall be ap-
5 plied by substituting ‘90 days’ for ‘12
6 months’; and
7 ‘‘(ii) subparagraph (A)(ii) shall not
8 apply.’’.
9 (b) EMPLOYER CLARIFICATION.—Section 101(4) is
10 amended by adding at the end the following:
11 ‘‘(C) CLARIFICATION.—Subparagraph (A)(i)
12 shall not apply with respect to a public agency
13 described in subparagraph (A)(iii).’’.
14 SEC. 103. EMERGENCY LEAVE EXTENSION.
15 Section 102(a)(1)(F) is amended by striking ‘‘Decem-
16 ber 31, 2020’’ and inserting ‘‘February 28, 2021’’.
17 SEC. 104. EMERGENCY LEAVE DEFINITIONS.
18 (a) ELIGIBLE EMPLOYEE.—Section 110(a)(1) is
19 amended in subparagraph (A), by striking ‘‘sections
20 101(2)(A) and 101(2)(B)(ii)’’ and inserting ‘‘section
21 101(2)’’.
22 (b) EMPLOYER THRESHOLD.—Section 110(a)(1)(B) is
23 amended by striking ‘‘fewer than 500 employees’’ and in-
24 serting ‘‘1 or more employees’’.
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1 (c) PARENT.—Section 110(a)(1) is amended by adding
2 at the end the following:
3 ‘‘(C) PARENT.—In lieu of the definition in
4 section 101(7), the term ‘parent’, with respect to
5 an employee, means any of the following:
6 ‘‘(i) A biological, foster, or adoptive
7 parent of the employee.
8 ‘‘(ii) A stepparent of the employee.
9 ‘‘(iii) A parent-in-law of the employee.
10 ‘‘(iv) A parent of a domestic partner of
11 the employee.
12 ‘‘(v) A legal guardian or other person
13 who stood in loco parentis to an employee
14 when the employee was a child.’’.
15 (d) QUALIFYING NEED RELATED TO A PUBLIC
16 HEALTH EMERGENCY.—Section 110(a)(2)(A) is amended
17 to read as follows:
18 ‘‘(A) QUALIFYING NEED RELATED TO A
19 PUBLIC HEALTH EMERGENCY.—The term ‘quali-
20 fying need related to a public health emergency’,
21 with respect to leave, means that the employee is
22 unable to perform the functions of the position of
23 such employee due to a need for leave for any of
24 the following:
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1 ‘‘(i) To self-isolate because the em-
2 ployee is diagnosed with COVID–19.
3 ‘‘(ii) To obtain a medical diagnosis or
4 care if such employee is experiencing the
5 symptoms of COVID–19.
6 ‘‘(iii) To comply with a recommenda-
7 tion or order by a public official with juris-
8 diction or a health care provider to self iso-
9 late, without regard to whether such rec-
10 ommendation or order is specific to the em-
11 ployee, on the basis that the physical pres-
12 ence of the employee on the job would jeop-
13 ardize the employee’s health, the health of
14 other employees, or the health of an indi-
15 vidual in the household of the employee be-
16 cause of—
17 ‘‘(I) the possible exposure of the
18 employee to COVID–19; or
19 ‘‘(II) exhibition of symptoms of
20 COVID–19 by the employee.
21 ‘‘(iv) To care for or assist a family
22 member of the employee, without regard to
23 whether another individual other than the
24 employee is available to care for or assist
25 such family member, because—
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1 ‘‘(I) such family member—
2 ‘‘(aa) is self-isolating because
3 such family member has been di-
4 agnosed with COVID–19; or
5 ‘‘(bb) is experiencing symp-
6 toms of COVID–19 and needs to
7 obtain medical diagnosis or care;
8 or
9 ‘‘(II) a public official with juris-
10 diction or a health care provider makes
11 a recommendation or order with re-
12 spect to such family member, without
13 regard to whether such determination
14 is specific to such family member, that
15 the presence of the family member in
16 the community would jeopardize the
17 health of other individuals in the com-
18 munity because of—
19 ‘‘(aa) the possible exposure of
20 such family member to COVID–
21 19; or
22 ‘‘(bb) exhibition of symptoms
23 of COVID–19 by such family
24 member.
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1 ‘‘(v) To care for the son or daughter of
2 such employee if, due to COVID–19—
3 ‘‘(I) the child care provider of
4 such son or daughter is unavailable;
5 ‘‘(II) the school or place of care of
6 such son or daughter is closed; or
7 ‘‘(III) the school of such son or
8 daughter—-
9 ‘‘(aa) requires or makes op-
10 tional a virtual learning instruc-
11 tion model; or
12 ‘‘(bb) requires or makes op-
13 tional a hybrid of in-person and
14 virtual learning instruction mod-
15 els.
16 ‘‘(vi) To care for a family member who
17 is incapable of self-care because of a mental
18 or physical disability or is a senior citizen,
19 without regard to whether another indi-
20 vidual other than the employee is available
21 to care for such family member, if the place
22 of care for such family member is closed or
23 the direct care provider is unavailable due
24 to COVID–19.’’.
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1 (e) FAMILY MEMBER.—Section 110(a)(2) is amended
2 by adding at the end the following:
3 ‘‘(E) FAMILY MEMBER.—The term ‘family
4 member’, with respect to an employee, means
5 any of the following:
6 ‘‘(i) A parent of the employee.
7 ‘‘(ii) A spouse of the employee.
8 ‘‘(iii) A sibling of the employee.
9 ‘‘(iv) Next of kin of the employee or a
10 person for whom the employee is next of
11 kin.
12 ‘‘(v) A son or daughter of the employee.
13 ‘‘(vi) A grandparent or grandchild of
14 the employee.
15 ‘‘(vii) A domestic partner of the em-
16 ployee.
17 ‘‘(viii) Any other individual related by
18 blood or affinity whose close association
19 with the employee is the equivalent of a
20 family relationship.
21 ‘‘(F) DOMESTIC PARTNER.—
22 ‘‘(i) IN GENERAL.—The term ‘domestic
23 partner’, with respect to an individual,
24 means another individual with whom the
25 individual is in a committed relationship.
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1 ‘‘(ii) COMMITTED RELATIONSHIP DE-
2 FINED.—The term ‘committed relationship’
3 means a relationship between 2 individuals,
4 each at least 18 years of age, in which each
5 individual is the other individual’s sole do-
6 mestic partner and both individuals share
7 responsibility for a significant measure of
8 each other’s common welfare. The term in-
9 cludes any such relationship between 2 indi-
10 viduals that is granted legal recognition by
11 a State or political subdivision of a State
12 as a marriage or analogous relationship,
13 including a civil union or domestic partner-
14 ship.’’.
15 SEC. 105. REGULATORY AUTHORITIES.
16 (a) IN GENERAL.—Section 110(a) is amended by strik-
17 ing paragraph (3).
18 (b) FORCE OR EFFECT OF REGULATIONS.—Any regu-
19 lation issued under section 110(a)(3), as in effect on the
20 day before the date of the enactment of this Act, shall have
21 no force or effect.
22 SEC. 106. PAID LEAVE.
23 Section 110(b) of the Family and Medical Leave Act
24 of 1993 is amended—
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1 (1) in the heading, by striking ‘‘Relationship
2 to’’;
3 (2) by amending paragraph (1) to read as fol-
4 lows:
5 ‘‘(1) EMPLOYEE ELECTION.—
6 ‘‘(A) IN GENERAL.—An employee may elect
7 to substitute any vacation leave, personal leave,
8 or medical or sick leave for paid leave under sec-
9 tion 102(a)(1)(F) in accordance with section
10 102(d)(2)(B).
11 ‘‘(B) EMPLOYER REQUIREMENT.—An em-
12 ployer may not require an employee to substitute
13 any leave described in subparagraph (A) for
14 leave under section 102(a)(1)(F).
15 ‘‘(C) RELATIONSHIP TO OTHER FAMILY AND
16 MEDICAL LEAVE.—Leave taken under subpara-
17 graph (F) of section 102(a)(1) shall not count to-
18 wards the 12 weeks of leave to which an em-
19 ployee is entitled under subparagraphs (A)
20 through (E) of such section.
21 ‘‘(D) RELATIONSHIP TO LIMITATION.—
22 PRESUMPTION OF ELIGIBILITY FOR for
23 any vacation leave, personal leave, or medical or
24 sick leave that is substituted for leave under sec-
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1 tion 102(a)(1)(F) shall not count toward the
2 limitation under paragraph (2)(B)(ii).’’; and
3 (3) in paragraph (2)(A), by striking ‘‘that an
4 employee takes’’ and all that follows through ‘‘10
5 days’’.
6 SEC. 107. WAGE RATE.
7 Section 110(b)(2)(B) is amended—
8 (1) by amending clause (i)(I) to read as follows:
9 ‘‘(I) an amount that is not less
10 than the greater of—
11 ‘‘(aa) the minimum wage
12 rate in effect under section 6(a)(1)
13 of the Fair Labor Standards Act
14 of 1938 (29 U.S.C. 206(a)(1));
15 ‘‘(bb) the minimum wage
16 rate in effect for such employee in
17 the applicable State or locality,
18 whichever is greater, in which the
19 employee is employed; or
20 ‘‘(cc) two thirds of an em-
21 ployee’s regular rate of pay (as
22 determined under section 7(e) of
23 the Fair Labor Standards Act of
24 1938 (29 U.S.C. 207(e)); and’’;
25 and
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1 (2) in clause (ii), by striking ‘‘$10,000’’ and in-
2 serting ‘‘$12,000’’.
3 SEC. 108. NOTICE.
4 Section 110(c) is amended by striking ‘‘for the purpose
5 described in subsection (a)(2)(A)’’.
6 SEC. 109. INTERMITTENT LEAVE.
7 Section 110 is amended by adding at the end the fol-
8 lowing:
9 ‘‘(e) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
10 DUCED WORK SCHEDULE.—Leave under section
11 102(a)(1)(F) may be taken by an employee intermittently
12 or on a reduced work schedule, without regard to whether
13 the employee and the employer of the employee have an
14 agreement with respect to whether such leave may be taken
15 intermittently or on a reduced work schedule.’’.
16 SEC. 110. CERTIFICATION.
17 Section 110 is further amended by adding at the end
18 the following:
19 ‘‘(f) CERTIFICATION.—
20 ‘‘(1) IN GENERAL.—If an employer requires that
21 a request for leave under section 102(a)(1)(F) be cer-
22 tified, the employer may require documentation for
23 certification not earlier than 5 weeks after the date on
24 which the employee takes such leave.
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1 ‘‘(2) SUFFICIENT CERTIFICATION.—The following
2 documentation shall be sufficient for certification:
3 ‘‘(A) With respect to leave taken for the pur-
4 poses described in clauses (i) through (iv) of sub-
5 section (a)(2)(A)—
6 ‘‘(i) a recommendation or order from a
7 public official having jurisdiction or a
8 health care provider that the employee or
9 relevant family member has symptoms of
10 COVID–19 or should self-isolate; or
11 ‘‘(ii) documentation or evidence, in-
12 cluding an oral or written statement from
13 an employee, that the employee or relevant
14 family member has been exposed to COVID–
15 19.
16 ‘‘(B) With respect to leave taken for the
17 purposes described in clause (v) or (vi) of sub-
18 section (a)(2)(A), notice—
19 ‘‘(i) from the school, place of care, or
20 child care or direct care provider of the son
21 or daughter or other family member of the
22 employee of closure or unavailability; or
23 ‘‘(ii) from the school of the son or
24 daughter of the requirement or option of a
25 virtual learning instruction model or a hy-
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1 brid of in-person and virtual learning in-
2 struction models.’’.
3 SEC. 111. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF
4 MANAGEMENT AND BUDGET TO EXCLUDE
5 CERTAIN EMPLOYEES.
6 Section 110(a) is amended by striking paragraph (4).
7 SEC. 112. TECHNICAL AMENDMENTS.
8 (a) Section 110(a)(1)(A) is amended by striking ‘‘(ii)’’
9 before ‘‘SPECIAL RULE’’ and inserting ‘‘(iii)’’.
10 (b) Section 19008 of the CARES Act is amended—
11 (1) by striking ‘‘—’’ after ‘‘amended’’;
12 (2) by striking paragraph (1); and
13 (3) by striking ‘‘(2)’’ before ‘‘by adding at the
14 end’’.
15 SEC. 113. AMENDMENTS TO THE EMERGENCY FAMILY AND
16 MEDICAL LEAVE EXPANSION ACT.
17 The Emergency Family and Medical Leave Expansion
18 Act (Public Law 116–127) is amended—
19 (1) in section 3103(b), by striking ‘‘Employees’’
20 and inserting, ‘‘Notwithstanding section 102(a)(1)(A)
21 of the Family and Medical Leave Act of 1993 (29
22 U.S.C. 2612(a)(1)(A)), employees’’; and
23 (2) by striking sections 3104 and 3105.
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1 Subtitle B—Emergency Paid Sick
2 Leave Act Amendments
3 SEC. 121. REFERENCES.
4 Except as otherwise expressly provided, whenever in
5 this subtitle an amendment or repeal is expressed in terms
6 of an amendment to, or repeal of, a section or other provi-
7 sion, the reference shall be considered to be made to a section
8 or other provision of division E of the Families First
9 Coronavirus Response Act (Public Law 116–127).
10 SEC. 122. PAID SICK TIME REQUIREMENT.
11 (a) USES.—Section 5102(a) is amended to read as fol-
12 lows:
13 ‘‘(a) IN GENERAL.—An employer shall provide to each
14 employee employed by the employer paid sick time for any
15 qualifying need related to a public health emergency (as
16 defined in section 110(a)(2)(A) of the Family and Medical
17 Leave Act of 1993 (29 U.S.C. 2620(a)(2)(A)).’’.
18 (b) RECURRENCE.—Section 5102(b) is amended by
19 striking ‘‘An’’ and inserting ‘‘During any 12-month period,
20 an’’.
21 (c) EMPLOYERS WITH EXISTING POLICIES.—Section
22 5102 is amended by striking subsection (f) and inserting
23 the following:
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1 ‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—With re-
2 spect to an employer that provides paid leave on the day
3 before the date of the enactment of this Act—
4 ‘‘(1) the paid sick time under this Act shall be
5 made available to employees of the employer in addi-
6 tion to such paid leave; and
7 ‘‘(2) the employer may not change such paid
8 leave on or after such date of enactment to avoid
9 being subject to paragraph (1).’’.
10 (d) INTERMITTENT LEAVE.—Section 5102 is further
11 amended by adding at the end the following:
12 ‘‘(g) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
13 DUCED WORK SCHEDULE.—Leave under section 5102 may
14 be taken by an employee intermittently or on a reduced
15 work schedule, without regard to whether the employee and
16 the employer of the employee have an agreement with re-
17 spect to whether such leave may be taken intermittently or
18 on a reduced work schedule.’’.
19 (e) CERTIFICATION.—Section 5102 is further amended
20 by adding at the end the following:
21 ‘‘(h) CERTIFICATION.—If an employer requires that a
22 request for paid sick time under this section be certified—
23 ‘‘(1) the documentation described in paragraph
24 (2) of section 110(f) of the Family and Medical Leave
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1 Act of 1993 (29 U.S.C. 2620(f)) shall be sufficient for
2 certification; and
3 ‘‘(2) an employer may not require such certifi-
4 cation unless—
5 ‘‘(A) the employee takes not less than 3 con-
6 secutive days of paid sick time; and
7 ‘‘(B) the employer requires documents for
8 such certification not earlier than 7 workdays
9 after the employee returns to work after such
10 paid sick time.’’.
11 (f) NOTICE.—Section 5102 is further amended by add-
12 ing at the end the following:
13 ‘‘(i) NOTICE.—In any case where the necessity for
14 leave under this section is foreseeable, an employee shall
15 provide the employer with such notice of leave as is prac-
16 ticable.’’.
17 (g) LEAVE TRANSFER TO NEW EMPLOYER.—Section
18 5102 is further amended by adding at the end the following:
19 ‘‘(j) LEAVE TRANSFER TO NEW EMPLOYER.—A cov-
20 ered employee who begins employment with a new covered
21 employer shall be entitled to the full amount of leave under
22 section 5102 with respect to such employer.’’.
23 (h) RESTORATION TO POSITION.—
24 (1) IN GENERAL.—Section 5102 is further
25 amended by adding at the end the following:
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1 ‘‘(k) RESTORATION TO POSITION.—Any covered em-
2 ployee who takes paid sick time under this section, on re-
3 turn from such paid sick time, shall be entitled—
4 ‘‘(1) to be restored by the employer to the posi-
5 tion of employment held by the employee when the
6 leave commenced; or
7 ‘‘(2) if such position is not available, to be re-
8 stored to an equivalent position with equivalent em-
9 ployment benefits, pay, and other terms and condi-
10 tions of employment.’’.
11 (2) ENFORCEMENT.—Section 5105 is amended—
12 (A) by amending subsection (a) to read as
13 follows:
14 ‘‘(a) UNPAID SICK LEAVE.—Subject to subsection (b),
15 a violation of section 5102 shall be deemed a violation of
16 section 7 of the Fair Labor Standards Act of 1938 (29
17 U.S.C. 207) and unpaid amounts shall be treated as unpaid
18 overtime compensation under such section for the purposes
19 of sections 15 and 16 of such Act (29 U.S.C. 215 and 216).’’;
20 and
21 (B) in subsection (b), by inserting ‘‘section
22 5102(k) or’’ before ‘‘section 5104’’.
23 SEC. 123. SUNSET.
24 Section 5109 is amended by striking ‘‘December 31,
25 2020’’ and inserting ‘‘February 28, 2021’’.
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1 SEC. 124. DEFINITIONS.
2 (a) EMPLOYER.—Section 5110(2)(B) is amended—
3 (1) by striking ‘‘terms’’ and inserting ‘‘term’’;
4 (2) by amending subclause (I) of clause (i) to
5 read as follows:
6 ‘‘(I) means any person engaged in
7 commerce or in any industry or activ-
8 ity affecting commerce that employs 1
9 or more employees;’’; and
10 (3) by amending clause (ii) to read as follows:
11 ‘‘(ii) PUBLIC AGENCY AND NON-PROFIT
12 ORGANIZATIONS.—For purposes of clause
13 (i)(III) and (i)(I), a public agency and a
14 nonprofit organization shall be considered
15 to be a person engaged in commerce or in
16 an industry or activity affecting com-
17 merce.’’.
18 (b) FMLA TERMS.—Section 5110(4) is amended to
19 read as follows:
20 ‘‘(4) FMLA TERMS.—
21 ‘‘(A) SECTION 101.—The terms ‘health care
22 provider’, ‘next of kin’, ‘son or daughter’, and
23 ‘spouse’ have the meanings given such terms in
24 section 101 of the Family and Medical Leave Act
25 of 1993 (29 U.S.C. 2611).
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1 ‘‘(B) SECTION 110.—The terms ‘child care
2 provider’, ‘domestic partner’, ‘family member’,
3 ‘parent’, and ‘school’ have the meanings given
4 such terms in section 110(a)(2) of the Family
5 and Medical and Leave Act of 1993.’’.
6 (c) PAID SICK TIME.—Section 5110(5) is amended—
7 (1) in subparagraph (A)—
8 (A) in clause (i), by striking ‘‘reason de-
9 scribed in any paragraph of section 2(a)’’ and
10 inserting ‘‘qualifying need related to a public
11 health emergency’’; and
12 (B) in clause (ii), by striking ‘‘exceed’’ and
13 all that follows and inserting ‘‘exceed $511 per
14 day and $5,110 in the aggregate.’’;
15 (2) in subparagraph (B)—
16 (A) by striking the following:
17 ‘‘(B) REQUIRED COMPENSATION.—
18 ‘‘(i) IN GENERAL.—Subject to subpara-
19 graph (A)(ii),’’; and inserting the following:
20 ‘‘(B) REQUIRED COMPENSATION.—Subject
21 to subparagraph (A)(ii),’’; and
22 (B) by striking clause (ii); and
23 (3) in subparagraph (C), by striking ‘‘ section
24 2(a)’’ and inserting ‘‘section 5102(a)’’.
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1 (d) QUALIFYING NEED RELATED TO A PUBLIC
2 HEALTH EMERGENCY.—Section 5110 is amended by add-
3 ing at the end the following:
4 ‘‘(1) QUALIFYING NEED RELATED TO A PUBLIC
5 HEALTH EMERGENCY.—The term ‘qualifying need re-
6 lated to a public health emergency’ has the meaning
7 given such term in section 110(a)(2)(A) of the Family
8 and Medical Leave Act of 1993 (29 U.S.C.
9 2620(a)(2)(A)).’’.
10 SEC. 125. EMERGENCY PAID SICK LEAVE FOR EMPLOYEES
11 OF THE DEPARTMENT OF VETERANS AFFAIRS
12 AND THE TRANSPORTATION SECURITY AD-
13 MINISTRATION FOR PURPOSES RELATING TO
14 COVID–19.
15 Section 5110(1) is further amended—
16 (1) in subparagraph (E) by striking ‘‘or’’ after
17 ‘‘Code;’’;
18 (2) by redesignating subparagraph (F) as sub-
19 paragraph (H); and
20 (3) by inserting after subparagraph (E) the fol-
21 lowing:
22 ‘‘(F) notwithstanding sections 7421(a) or
23 7425(b) of title 38, United States Code, or any
24 other provision of law, an employee of the De-
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1 partment of Veterans Affairs (including employ-
2 ees under chapter 74 of such title);
3 ‘‘(G) any employee of the Transportation
4 Security Administration, including an employee
5 under 111(d) of the Aviation and Transportation
6 Security Act (49 U.S.C. 44935 note); or’’.
7 SEC. 126. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF
8 MANAGEMENT AND BUDGET TO EXCLUDE
9 CERTAIN EMPLOYEES.
10 Division E is amended by striking section 5112.
11 SEC. 127. REGULATORY AUTHORITIES.
12 (a) IN GENERAL.—Division E is amended by striking
13 section 5111.
14 (b) FORCE OR EFFECT OF REGULATIONS.—Any regu-
15 lation issued under section 5111 of division E of the Fami-
16 lies First Coronavirus Response Act (Public Law 116–127),
17 as in effect on the day before the date of the enactment of
18 this Act, shall have no force or effect.
19 TITLE II—COVID–19 EVERY
20 WORKER PROTECTION ACT OF
21 2020
22 SEC. 201. SHORT TITLE.
23 This title may be cited as the ‘‘COVID–19 Every
24 Worker Protection Act of 2020’’.
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1 SEC. 202. EMERGENCY TEMPORARY AND PERMANENT
2 STANDARDS.
3 (a) EMERGENCY TEMPORARY STANDARD.—
4 (1) IN GENERAL.—In consideration of the grave
5 danger presented by COVID–19 and the need to
6 strengthen protections for employees, not later than 7
7 days after the date of the enactment of this Act, the
8 Secretary of Labor shall promulgate an emergency
9 temporary standard to protect from occupational ex-
10 posure to SARS–CoV–2—
11 (A) employees of health care sector employ-
12 ers;
13 (B) employees of employers in paramedic
14 and emergency medical services, including such
15 services provided by firefighters and other emer-
16 gency responders; and
17 (C) employees of employers in other sectors
18 or occupations, including mortuary services, food
19 processing (including poultry, meat, and sea-
20 food), agriculture and crop harvesting, manufac-
21 turing, indoor and outdoor construction, correc-
22 tional centers, jails, and detention centers, trans-
23 portation (including airports, train stations,
24 and bus stations), retail and wholesale grocery,
25 warehousing and package and mail processing
26 and delivery services, call centers, education, so-
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1 cial service and daycare, homeless shelters, hotels,
2 restaurants and bars, drug stores and phar-
3 macies, and retail establishments.
4 (2) CONSULTATION.—In developing the standard
5 under this subsection, the Secretary of Labor—
6 (A) shall consult with—
7 (i) the Director of the Centers for Dis-
8 ease Control and Prevention; and
9 (ii) the Director of the National Insti-
10 tute for Occupational Safety and Health;
11 and
12 (B) may consult with the professional asso-
13 ciations and representatives of the employees de-
14 scribed in paragraph (1).
15 (3) ENFORCEMENT DISCRETION.—If the Sec-
16 retary of Labor determines it is not feasible for an
17 employer to comply with a requirement of the stand-
18 ard promulgated under this subsection (such as a
19 shortage of the necessary personal protective equip-
20 ment), the Secretary may exercise discretion in the
21 enforcement of such requirement if the employer dem-
22 onstrates that the employer—
23 (A) is exercising due diligence to come into
24 compliance with such requirement; and
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1 (B) is implementing alternative methods
2 and measures to protect employees.
3 (4) EXTENSION OF STANDARD.—Notwithstanding
4 paragraphs (2) and (3) of section 6(c) of the Occupa-
5 tional Safety and Health Act of 1970 (29 U.S.C.
6 655(c)), the emergency temporary standard promul-
7 gated under this subsection shall be in effect until the
8 date on which the final standard promulgated under
9 subsection (b) is in effect.
10 (5) STATE PLAN ADOPTION.—With respect to a
11 State with a State plan that has been approved by
12 the Secretary of Labor under section 18 of the Occu-
13 pational Safety and Health Act of 1970 (29 U.S.C.
14 667), not later than 14 days after the date of the en-
15 actment of this Act, such State shall promulgate an
16 emergency temporary standard that is at least as ef-
17 fective in protecting from occupational exposure to
18 SARS–CoV–2 the employees described in paragraph
19 (1) as the emergency temporary standard promul-
20 gated under this subsection.
21 (6) EMPLOYER DEFINED.—For purposes of the
22 standard promulgated under this subsection, the term
23 ‘‘employer’’ (as defined in section 3 of the Occupa-
24 tional Safety and Health Act of 1970 (29 U.S.C.
25 652)) includes any State or political subdivision of a
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1 State, except for a State or political subdivision of a
2 State already subject to the jurisdiction of a State
3 plan approved under section 18(b) of the Occupa-
4 tional Safety and Health Act of 1970 (29 U.S.C.
5 667(b)).
6 (7) REQUIREMENTS.—The standard promulgated
7 under this subsection shall include—
8 (A) a requirement that any employer of an
9 employee in an occupation or sector described in
10 paragraph (1)—
11 (i) conduct a hazard assessment to as-
12 sess risks of occupational exposure to
13 SARS–CoV–2;
14 (ii) develop and implement an expo-
15 sure control plan, based on the hazard as-
16 sessment mandated in clause (i), with the
17 input and involvement of employees or the
18 representatives of employees, as appro-
19 priate, to address the risk of occupational
20 exposure in such sectors and occupations;
21 (iii) provide job specific training and
22 education to such employees on such stand-
23 ard, the plan under clause (ii), and preven-
24 tion of the transmission of SARS–CoV–2;
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1 (iv) implement, as appropriate, engi-
2 neering controls, including ventilation;
3 work practice controls (including physical
4 distancing of not less than 6 feet while on
5 the job and during paid breaks); and appro-
6 priate respiratory protection and other per-
7 sonal protective equipment;
8 (v) develop and implement procedures
9 for—
10 (I) sanitation of the work environ-
11 ment;
12 (II) screening of employees for
13 signs and symptoms of COVID–19;
14 (III) the return to work for em-
15 ployees who previously tested positive
16 for COVID–19 or who showed signs or
17 symptoms of COVID–19; and
18 (IV) ensuring that subcontractors
19 comply with the procedures under sub-
20 clauses (I) through (III); and
21 (vi) record and report each work-re-
22 lated COVID–19 infection and death, as set
23 forth in part 1904 of title 29, Code of Fed-
24 eral Regulations (as in effect on the date of
25 the enactment of this Act);
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1 (B) no less protection for novel pathogens
2 than precautions mandated by standards adopt-
3 ed by a State plan that has been approved by the
4 Secretary of Labor under section 18 of the Occu-
5 pational Safety and Health Act of 1970 (29
6 U.S.C. 667);
7 (C) the incorporation, as appropriate, of—
8 (i) guidelines issued by the Centers for
9 Disease Control and Prevention, the Na-
10 tional Institute for Occupational Safety and
11 Health, and the Occupational Safety and
12 Health Administration which are designed
13 to prevent the transmission of infectious
14 agents in health care or other occupational
15 settings; and
16 (ii) relevant scientific research on
17 novel pathogens; and
18 (D) a requirement for each employer to—
19 (i) maintain a COVID–19 employee
20 infection log, notify its own employees and
21 report to the appropriate health department
22 of each confirmed positive COVID–19 diag-
23 nosis of an employee within 24 hours of the
24 employer learning of such confirmed posi-
25 tive diagnosis, whether or not the infection
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1 is work-related, consistent with the con-
2 fidentiality requirements of the Americans
3 with Disabilities Act of 1990 (42 U.S.C.
4 12101 et seq.), the HIPAA privacy regula-
5 tions (defined in section 1180(b)(3) of the
6 Social Security Act (42 U.S.C. 1320d–9(b))
7 and other applicable Federal regulations;
8 and
9 (ii) report to the Occupational Safety
10 and Health Administration any outbreak of
11 three or more confirmed positive COVID–19
12 diagnoses that have occurred among em-
13 ployees present at the place of employment
14 within a 14-day period, not later than 24
15 hours after the employer is made aware of
16 such an outbreak.
17 (8) INAPPLICABLE PROVISIONS OF LAW AND EX-
18 ECUTIVE ORDER.—The following provisions of law
19 and Executive orders shall not be applicable with re-
20 spect to the standard promulgated under this sub-
21 section:
22 (A) The requirements of chapter 6 of title 5,
23 United States Code (commonly referred to as the
24 ‘‘Regulatory Flexibility Act’’).
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1 (B) Subchapter I of chapter 35 of title 44,
2 United States Code (commonly referred to as the
3 ‘‘Paperwork Reduction Act’’).
4 (C) The Unfunded Mandates Reform Act of
5 1995 (2 U.S.C. 1501 et seq.).
6 (D) Executive Order 12866 (58 Fed. Reg.
7 190; relating to regulatory planning and re-
8 view), as amended.
9 (E) Executive Order 13771 (82 Fed. Reg.
10 9339, relating to reducing regulation and con-
11 trolling regulatory costs).
12 (b) PERMANENT STANDARD.—Not later than 24
13 months after the date of the enactment of this Act, the Sec-
14 retary of Labor shall, pursuant to section 6 of the Occupa-
15 tional Safety and Health Act (29 U.S.C. 655), promulgate
16 a final standard—
17 (1) to protect employees described in subsection
18 (a)(1) from occupational exposure to infectious patho-
19 gens, including novel pathogens; and
20 (2) that shall be effective and enforceable in the
21 same manner and to the same extent as a standard
22 promulgated under section 6(b) of the Occupational
23 Safety and Health Act of 1970 (29 U.S.C. 655(b)).
24 (c) ANTI-RETALIATION.—
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1 (1) POLICY.—Each standard promulgated under
2 this section shall require employers to adopt a policy
3 prohibiting the discrimination and retaliation de-
4 scribed in paragraph (2) by any person (including an
5 agent of the employer).
6 (2) PROHIBITION.—No employer (including an
7 agent of the employer) shall discriminate or retaliate
8 against an employee for—
9 (A) reporting to the employer, to a local,
10 State, or Federal government agency, or to the
11 media or on a social media platform—
12 (i) a violation of a standard promul-
13 gated pursuant to this Act;
14 (ii) a violation of an infectious disease
15 exposure control plan described in sub-
16 section (c)(1); or
17 (iii) a good faith concern about a
18 workplace infectious disease hazard;
19 (B) seeking assistance or intervention from
20 the employer or a local, State, or Federal govern-
21 ment agency with respect to such a report;
22 (C) voluntary use of personal protective
23 equipment with a higher level of protection than
24 is provided by the employer; or
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1 (D) exercising any other right under the Oc-
2 cupational Safety and Health Act of 1970 (29
3 U.S.C. 651 et seq.).
4 (3) ENFORCEMENT.—This subsection shall be en-
5 forced in the same manner and to the same extent as
6 any standard promulgated under section 6(b) of the
7 Occupational Safety and Health Act of 1970 (29
8 U.S.C. 655(b)).
9 (d) EFFECT ON OTHER LAWS, REGULATIONS, OR OR-
10 DERS.—
11 (1) IN GENERAL.—Nothing in this Act shall be
12 construed to—
13 (A) curtail or limit authority of the Sec-
14 retary under any other provision of law; or
15 (B) preempt the application of any other
16 statute, regulation, or order of any State or local
17 government related to SARS–CoV–2 in the work-
18 place except to the extent that such provisions
19 are inconsistent with this Act, or a standard
20 promulgated pursuant to this Act, and in such
21 case only to the extent of the inconsistency.
22 (2) EQUAL OR GREATER PROTECTION.—A provi-
23 sion of law, regulation, or order of a State or local
24 government shall not be considered inconsistent with
25 this Act or standard promulgated under this Act
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1 under paragraph (1)(B) if such provision provides
2 equal or greater health or safety protection to an em-
3 ployee than the protection provided under this Act, an
4 Emergency Temporary Standard, or a final standard
5 promulgated under this Act.
6 SEC. 203. REPORTING, TRACKING, INVESTIGATION AND
7 SURVEILLANCE OF COVID–19 INFECTIONS
8 AND OUTBREAKS.
9 The Director of the Centers for Disease Control and
10 Prevention, in conjunction with the Director of the National
11 Institute for Occupational Safety and Health, in coopera-
12 tion with State and territorial health departments, shall—
13 (1) collect and analyze case reports, including
14 information on the work status, occupation, and in-
15 dustry classification of an individual, and other data
16 on COVID–19, to identify and evaluate the extent,
17 nature, and source of COVID–19 among employees
18 described in section (a)(1);
19 (2) compile data and statistics on COVID–19
20 among such employees and provide to the public peri-
21 odic reports on such data and statistics; and
22 (3) based on such reports, make recommenda-
23 tions on needed actions or guidance to protect such
24 employees.
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1 TITLE III—COVID–19 PROTEC-
2 TIONS UNDER LONGSHORE
3 AND HARBOR WORKERS’ COM-
4 PENSATION ACT
5 SEC. 301. COMPENSATION PURSUANT TO THE LONGSHORE
6 AND HARBOR WORKERS’ COMPENSATION
7 ACT.
8 (a) ENTITLEMENT TO COMPENSATION.—
9 (1) IN GENERAL.—A covered employee who re-
10 ceives a diagnosis or is subject to an order described
11 in paragraph (2)(B) and who provides notice of or
12 files a claim relating to such diagnosis or order under
13 section 12 or 13 of the Longshore and Harbor Work-
14 ers’ Compensation Act (33 U.S.C. 912, 913), respec-
15 tively, shall—
16 (A) be deemed to have an injury arising out
17 of or in the course of employment for which com-
18 pensation is payable under the Longshore and
19 Harbor Workers’ Compensation Act (33 U.S.C.
20 901 et seq.); and
21 (B) be paid the compensation to which the
22 employee is entitled under such Act (33 U.S.C.
23 901 et seq.).
24 (2) COVERED EMPLOYEE.—In this section, the
25 term ‘‘covered employee’’ means an employee who—
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1 (A) at any time during the period begin-
2 ning on January 27, 2020, and ending on Janu-
3 ary 27, 2022, was engaged in maritime employ-
4 ment; and
5 (B) was—
6 (i) at any time during the period be-
7 ginning on January 27, 2020, and ending
8 on February 27, 2022, diagnosed with
9 COVID–19; or
10 (ii) at any time during the period de-
11 scribed in subparagraph (A), ordered not to
12 return to work by the employee’s employer
13 or by a local, State, or Federal agency be-
14 cause of exposure, or the risk of exposure, to
15 1 or more individuals diagnosed with
16 COVID–19 in the workplace.
17 (b) REIMBURSEMENT.—
18 (1) IN GENERAL.—
19 (A) ENTITLEMENT.—Subject to subpara-
20 graph (B), an employer of a covered employee or
21 the employer’s carrier shall be entitled to reim-
22 bursement for any compensation paid with re-
23 spect to a notice or claim described in subsection
24 (a), including disability benefits, funeral and
25 burial expenses, medical or other related costs for
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1 treatment and care, and reasonable and nec-
2 essary allocated claims expenses.
3 (B) SAFETY AND HEALTH REQUIRE-
4 MENTS.—To be entitled to reimbursement under
5 subparagraph (A)—
6 (i) an employer shall be in compliance
7 with all applicable safety and health guide-
8 lines and standards that are related to the
9 prevention of occupational exposure to the
10 novel coronavirus that causes COVID–19,
11 including such guidelines and standards
12 issued by the Occupational Safety and
13 Health Administration, State plans ap-
14 proved under section 18 of the Occupational
15 Safety and Health Act of 1970 (29 U.S.C.
16 667), the Coast Guard, and Federal, State
17 or local public health authorities; and
18 (ii) a carrier—
19 (I) shall be a carrier for an em-
20 ployer that is in compliance with
21 clause (i); and
22 (II) shall not adjust the experience
23 rating or the annual premium of the
24 employer based upon the compensation
25 paid by the carrier with respect to a
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1 notice or claim described in subpara-
2 graph (A).
3 (2) REIMBURSEMENT PROCEDURES.—To receive
4 reimbursement under paragraph (1)—
5 (A) a claim for such reimbursement shall be
6 submitted to the Secretary of Labor—
7 (i) not later than one year after the
8 final payment of compensation to a covered
9 employee pursuant to this section; and
10 (ii) in the same manner as a claim for
11 reimbursement is submitted in accordance
12 with part 61 of title 20, Code of Federal
13 Regulations (as in effect on the date of the
14 enactment of this Act); and
15 (B) an employer and the employer’s carrier
16 shall make, keep, and preserve such records,
17 make such reports, and provide such informa-
18 tion, as the Secretary of Labor determines nec-
19 essary or appropriate to carry out this section.
20 (c) SPECIAL FUND.—
21 (1) IN GENERAL.—A reimbursement under para-
22 graph (1) shall be paid out of the special fund estab-
23 lished in section 44 of Longshore and Harbor Work-
24 ers’ Compensation Act (33 U.S.C. 944).
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1 (2) FUNDING.—There are authorized to be ap-
2 propriated, and there are appropriated, such funds as
3 may be necessary to reimburse the special fund de-
4 scribed in paragraph (1) for each reimbursement paid
5 out of such fund under paragraph (1).
6 (d) REPORT.—Not later than 60 days after the end of
7 fiscal year 2020, 2021, and 2022, the Secretary of Labor
8 shall submit to the Committee on Education and Labor of
9 the House of Representatives and the Committee on Health,
10 Education, Labor and Pensions of the Senate, an annual
11 report enumerating—
12 (1) the number of claims filed pursuant to sec-
13 tion (a)(1);
14 (2) of such filed claims—
15 (A) the number and types of claims ap-
16 proved under section 13 of the Longshore and
17 Harbor Workers’ Compensation Act (33 U.S.C.
18 913);
19 (B) the number and types of claims denied
20 under such section;
21 (C) the number and types of claims pending
22 under such section; and
23 (3) the amounts and the number of claims for re-
24 imbursement paid out of the special fund under sub-
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1 section (c)(1) for the fiscal year for which the report
2 is being submitted.
3 (e) REGULATIONS.—The Secretary of Labor may pro-
4 mulgate such regulations as may be necessary to carry out
5 this section.
6 (f) DEFINITIONS.—In this section:
7 (1) LHWCA TERMS.—The terms ‘‘carrier’’,
8 ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have
9 the meanings given the terms in section 2 of the
10 Longshore and Harbor Workers’ Compensation Act
11 (33 U.S.C. 902).
12 (2) NOVEL CORONAVIRUS.—The term ‘‘novel
13 coronavirus’’ means SARS–CoV–2.
14 TITLE IV—WORKER’S COMPENSA-
15 TION FOR FEDERAL AND
16 POSTAL EMPLOYEES DIAG-
17 NOSED WITH COVID–19
18 SEC. 401. PRESUMPTION OF ELIGIBILITY FOR WORKERS’
19 COMPENSATION BENEFITS FOR FEDERAL EM-
20 PLOYEES DIAGNOSED WITH COVID–19.
21 (a) IN GENERAL.—An employee who is diagnosed with
22 COVID–19 during the period described in subsection
23 (b)(2)(A) shall, with respect to any claim made by or on
24 behalf of the employee for benefits under subchapter I of
25 chapter 81 of title 5, United States Code, be deemed to have
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1 an injury proximately caused by exposure to coronavirus
2 arising out of the nature of the employee’s employment and
3 be presumptively entitled to such benefits, including dis-
4 ability compensation, medical services, and survivor bene-
5 fits.
6 (b) DEFINITIONS.—In this section—
7 (1) the term ‘‘coronavirus’’ means SARS– CoV–
8 2 or another coronavirus with pandemic potential;
9 and
10 (2) the term ‘‘employee’’—
11 (A) means an employee as that term is de-
12 fined in section 8101(1) of title 5, United States
13 Code, (including an employee of the United
14 States Postal Service, the Transportation Secu-
15 rity Administration, or the Department of Vet-
16 erans Affairs, including any individual ap-
17 pointed under chapter 73 or 74 of title 38,
18 United States Code) employed in the Federal
19 service at anytime during the period beginning
20 on January 27, 2020, and ending on January
21 30, 2022—
22 (i) who carried out duties requiring
23 contact with patients, members of the pub-
24 lic, or co-workers; or
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1 (ii) whose duties include a risk of ex-
2 posure to the coronavirus; and
3 (B) does not include any employee otherwise
4 covered by subparagraph (A) who is teleworking
5 on a full-time basis in the period described in
6 such subparagraph prior to a diagnosis with
7 COVID–19.
8 TITLE V—COVID–19 WORKFORCE
9 DEVELOPMENT RESPONSE
10 ACTIVITIES
11 SEC. 501. DEFINITIONS.
12 (a) IN GENERAL.—Except as otherwise provided, the
13 terms in this title have the meanings given the terms in
14 section 3 of the Workforce Innovation and Opportunity Act
15 (29 U.S.C. 3102).
16 (b) CORONAVIRUS.—The term ‘‘coronavirus’’ means
17 coronavirus as defined in section 506 of the Coronavirus
18 Preparedness and Response Supplemental Appropriations
19 Act, 2020 (Public Law 116–123).
20 (c) COVID–19 NATIONAL EMERGENCY.—The term
21 ‘‘COVID–19 national emergency’’ means the national emer-
22 gency declared by the President under the National Emer-
23 gencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020,
24 with respect to the coronavirus.
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1 (d) SECRETARY.—The term ‘‘Secretary’’ means the
2 Secretary of Labor.
3 SEC. 502. JOB CORPS RESPONSE TO THE COVID–19 NA-
4 TIONAL EMERGENCY.
5 In order to provide for the successful continuity of serv-
6 ices and enrollment periods during the COVID–19 national
7 emergency, additional flexibility shall be provided for Job
8 Corps operators, providers of eligible activities, and practi-
9 tioners, including the following:
10 (1) ELIGIBILITY.—Notwithstanding the age re-
11 quirements for enrollment under section 144(a)(1) of
12 the Workforce Innovation and Opportunity Act (29
13 U.S.C. 3194(a)(1)), an individual seeking to enroll in
14 Job Corps and who turns 25 during the COVID–19
15 national emergency is eligible for such enrollment
16 during or up to one year after the end of the quali-
17 fying emergency.
18 (2) ENROLLMENT LENGTH.—Notwithstanding
19 section 146(b) of the Workforce Innovation and Op-
20 portunity Act (29 U.S.C. 3196(b)), an individual en-
21 rolled in Job Corps during the COVID–19 national
22 emergency may extend their period of enrollment for
23 more than 2 years as long as such extension does not
24 exceed a 2-year, continuous period of enrollment after
25 the COVID–19 national emergency.
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1 (3) ADVANCED CAREER TRAINING PROGRAMS.—
2 Notwithstanding paragraph (2), with respect to ad-
3 vanced career training programs under section 148(c)
4 of the Workforce Innovation and Opportunity Act (29
5 U.S.C. 3198(c)) in which the enrollees may continue
6 to participate for a period not to exceed 1 year in ad-
7 dition to the period of participation to which the en-
8 rollees would otherwise be limited, the COVID–19 na-
9 tional emergency shall not be considered as any por-
10 tion of such additional 1-year participation period.
11 (4) COUNSELING, JOB PLACEMENT, AND ASSESS-
12 MENT.—The counseling, job placement, and assess-
13 ment services described in section 149 of the Work-
14 force Innovation and Opportunity Act (29 U.S.C.
15 3199) shall be available to former enrollees—
16 (A) whose enrollment was interrupted due
17 to the COVID–19 national emergency;
18 (B) who graduated from Job Corps on or
19 after January 1, 2020; or
20 (C) who graduated from Job Corps not later
21 than 3 months after the COVID–19 national
22 emergency.
23 (5) SUPPORT.—The Secretary shall provide ad-
24 ditional support for the transition periods described
25 in section 150 of the Workforce Innovation and Op-
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1 portunity Act (29 U.S.C. 3200), including the fol-
2 lowing:
3 (A) TRANSITION ALLOWANCES.—The Sec-
4 retary shall provide, subject to the availability of
5 appropriations, for the provision of additional
6 transition allowances as described in subsection
7 (b) of such section for Job Corps students who
8 graduate during the periods described in sub-
9 paragraph (B) or (C) of paragraph (4).
10 (B) TRANSITION SUPPORT.—The Secretary
11 shall consider the period during the COVID–19
12 national emergency and the three month period
13 following the conclusion of the COVID–19 na-
14 tional emergency as the period in which the pro-
15 vision of employment services as described in
16 subsection (c) of such section shall be provided to
17 graduates who have graduated in 2020.
18 (6) ENROLLMENT ELIGIBILITY.—The require-
19 ments described in sections 145(a)(2)(A) and
20 152(b)(2)(B) of the Workforce Innovation and Oppor-
21 tunity Act (29 U.S.C. 3195(a)(2)(A) and 29 U.S.C.
22 3202(b)(2)(B)) shall be applicable only for students
23 participating onsite or once returning to onsite after
24 participating in distance learning.
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1 (7) EFFECTIVELY SUPPORTING DISTANCE LEARN-
2 ING.—The Secretary shall take such steps necessary to
3 modify the agreements required by Sec. 147(a) of the
4 Workforce Innovation and Opportunity Act (29
5 U.S.C. 3197(a)(1)) to enable operators and service
6 providers to purchase, within the limitations of the
7 contract values or established annual budgets for Job
8 Corps Centers, any equipment, supplies, and services
9 that the operators or service providers determine are
10 necessary to facilitate effective virtual learning and to
11 protect the health of students and staff on-center dur-
12 ing the COVID–19 national emergency, including dis-
13 tance learning technology for students and COVID–19
14 testing, and shall allow students to retain permanent
15 possession of such equipment and technology without
16 financial penalty regardless of their enrollment sta-
17 tus.
18 SEC. 503. MIGRANT AND SEASONAL FARMWORKER PRO-
19 GRAM RESPONSE.
20 During the COVID–19 national emergency, for the
21 purposes of section 167(i)(3)(A) of the Workforce Innovation
22 and Opportunity Act (29 U.S.C. 3222(i)(3)(A)), the term
23 ‘‘low income individual’’ shall include an individual with
24 a total family income equal to or less than 150 percent of
25 the poverty line.
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1 SEC. 504. YOUTHBUILD ACTIVITIES RESPONDING TO THE
2 COVID–19 NATIONAL EMERGENCY.
3 During the COVID–19 national emergency, the Sec-
4 retary shall provide for flexibility for YouthBuild partici-
5 pants and entities carrying out YouthBuild programs, in-
6 cluding the following:
7 (1) ELIGIBILITY.—Notwithstanding the age re-
8 quirements for enrollment under section
9 171(e)(1)(A)(i) of the Workforce Innovation and Op-
10 portunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an indi-
11 vidual seeking to participate in a YouthBuild pro-
12 gram and who turns 25 during the COVID–19 na-
13 tional emergency is eligible for such participation.
14 (2) PARTICIPATION LENGTH.—Notwithstanding
15 section 171(e)(2) of the Workforce Innovation and Op-
16 portunity Act (29 U.S.C. 3226(e)(2)), the period of
17 participation in a YouthBuild program may extend
18 beyond 24 months for an individual participating in
19 such program during the COVID–19 national emer-
20 gency, as long as such extension does not exceed a 24
21 month, continuous period of enrollment after the
22 COVID–19 national emergency.
23 SEC. 505. APPRENTICESHIP SUPPORT DURING THE COVID–
24 19 NATIONAL EMERGENCY.
25 Not later than 30 days after the date of the enactment
26 of this Act, the Secretary shall identify and disseminate
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1 strategies and tools to support virtual and online learning
2 and training in apprenticeship programs.
3 DIVISION D—HUMAN SERVICES
4 AND COMMUNITY SUPPORTS
5 SEC. 100. SHORT TITLE.
6 This division may be cited as the ‘‘Human Services
7 and Community Supports Act’’.
8 TITLE I—STRONGER CHILD
9 ABUSE PREVENTION AND
10 TREATMENT
11 Subtitle A—General Program
12 SEC. 101. REPEAL OF FINDINGS.
13 Section 2 of the Child Abuse Prevention and Treat-
14 ment Act (42 U.S.C. 5101 note) is repealed.
15 SEC. 102. REPEAL OF ADVISORY BOARD ON CHILD ABUSE
16 AND NEGLECT.
17 Section 102 of the Child Abuse Prevention and Treat-
18 ment Act (42 U.S.C. 5102) is repealed.
19 SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION
20 RELATING TO CHILD ABUSE.
21 Section 103 of the Child Abuse Prevention and Treat-
22 ment Act (42 U.S.C. 5104) is amended—
23 (1) in subsection (b)(1), by inserting ‘‘early
24 learning programs and’’ after ‘‘including’’;
25 (2) in subsection (c)(1)(C)—
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1 (A) in clause (iii), by striking ‘‘and’’ at the
2 end;
3 (B) in clause (iv), by adding ‘‘and’’ at the
4 end; and
5 (C) by adding at the end the following:
6 ‘‘(v) the number of child fatalities and
7 near fatalities due to maltreatment, as re-
8 ported by States in accordance with the
9 uniform standards established pursuant to
10 subsection (d), and any other relevant infor-
11 mation related to such fatalities;’’; and
12 (3) by adding at the end the following:
13 ‘‘(d) UNIFORM STANDARDS FOR TRACKING AND RE-
14 PORTING OF CHILD FATALITIES RESULTING FROM MAL-
15 TREATMENT.—
16 ‘‘(1) REGULATIONS REQUIRED.—Not later than
17 24 months after the date of the enactment of the
18 Human Services and Community Supports Act, the
19 Secretary shall develop and issue final regulations es-
20 tablishing uniform standards for the tracking and re-
21 porting of child fatalities and near-fatalities resulting
22 from maltreatment. As a condition on eligibility for
23 receipt of funds under section 106, the standards es-
24 tablished under this paragraph shall be used by
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1 States for the tracking and reporting of such fatalities
2 under subsection (d) of such section.
3 ‘‘(2) MAINTENANCE OF STATE LAW.—Notwith-
4 standing the uniform standards developed under
5 paragraph (1), a State that defines or describes such
6 fatalities for any purpose other than tracking and re-
7 porting under this subsection may continue to use
8 that definition or description for such purpose.
9 ‘‘(3) NEGOTIATED RULEMAKING.—In developing
10 regulations under paragraph (1), the Secretary shall
11 submit such regulations to a negotiated rulemaking
12 process, which shall include the participants described
13 in paragraph (4).
14 ‘‘(4) PARTICIPANTS DESCRIBED.—The partici-
15 pants described in this paragraph are—
16 ‘‘(A) State and county officials responsible
17 for administering the State plans under this Act
18 and parts B and E of title IV of the Social Secu-
19 rity Act (42 U.S.C. 621 et seq., 670 et seq.);
20 ‘‘(B) child welfare professionals with field
21 experience;
22 ‘‘(C) child welfare researchers;
23 ‘‘(D) domestic violence researchers;
24 ‘‘(E) domestic violence professionals;
25 ‘‘(F) child development professionals;
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1 ‘‘(G) mental health professionals;
2 ‘‘(H) pediatric emergency medicine physi-
3 cians;
4 ‘‘(I) child abuse pediatricians, as certified
5 by the American Board of Pediatrics, who spe-
6 cialize in treating victims of child abuse;
7 ‘‘(J) forensic pathologists;
8 ‘‘(K) public health administrators;
9 ‘‘(L) public health researchers;
10 ‘‘(M) law enforcement;
11 ‘‘(N) family court judges;
12 ‘‘(O) prosecutors;
13 ‘‘(P) medical examiners and coroners;
14 ‘‘(Q) a representative from the National
15 Center for Fatality Review and Prevention; and
16 ‘‘(R) such other individuals and entities as
17 the Secretary determines to be appropriate.’’.
18 SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES.
19 Section 104 of the Child Abuse Prevention and Treat-
20 ment Act (42 U.S.C. 5105) is amended—
21 (1) in subsection (a)—
22 (A) by amending paragraph (1) to read as
23 follows:
24 ‘‘(1) TOPICS.—The Secretary shall, in consulta-
25 tion with other Federal agencies and recognized ex-
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1 perts in the field, carry out a continuing inter-
2 disciplinary program of research, including longitu-
3 dinal research, that is designed to provide informa-
4 tion needed to improve primary prevention of child
5 abuse and neglect, better protect children from child
6 abuse or neglect, and improve the well-being of vic-
7 tims of child abuse or neglect, with at least a portion
8 of such research being field initiated. Such research
9 program may focus on—
10 ‘‘(A) disseminating evidence-based treat-
11 ment directed to individuals and families experi-
12 encing trauma due to child abuse and neglect,
13 including efforts to improve the scalability of the
14 treatments and programs being researched;
15 ‘‘(B) developing a set of evidence-based ap-
16 proaches to support child and family well-being
17 and developing ways to identify, relieve, and
18 mitigate stressors affecting families in rural,
19 urban, and suburban communities;
20 ‘‘(C) establishing methods to promote racial
21 equity in the child welfare system, including a
22 focus on how neglect is defined, how services are
23 provided, and the unique impact on Native
24 American, Alaska Native, and Native Hawaiian
25 communities;
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1 ‘‘(D) improving service delivery or outcomes
2 for child welfare service agencies engaged with
3 families experiencing domestic violence, sub-
4 stance use disorder, or other complex needs;
5 ‘‘(E) the extent to which the number of un-
6 substantiated, unfounded, and false reported
7 cases of child abuse or neglect have contributed
8 to the inability of a State to respond effectively
9 to serious cases of child abuse or neglect;
10 ‘‘(F) the extent to which the lack of ade-
11 quate resources and the lack of adequate profes-
12 sional development of individuals required by
13 law to report suspected cases of child abuse and
14 neglect have contributed to the inability of a
15 State to respond effectively to serious cases of
16 child abuse and neglect;
17 ‘‘(G) the extent to which unsubstantiated re-
18 ports return as more serious cases of child abuse
19 or neglect;
20 ‘‘(H) the incidence and outcomes of child
21 abuse and neglect allegations reported within the
22 context of divorce, custody, or other family court
23 proceedings, and the interaction between family
24 courts and the child protective services system;
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1 ‘‘(I) the information on the national inci-
2 dence of child abuse and neglect specified in
3 clauses (i) through (xi) of subparagraph (J); and
4 ‘‘(J) the national incidence of child abuse
5 and neglect, including—
6 ‘‘(i) the extent to which incidents of
7 child abuse and neglect are increasing or
8 decreasing in number and severity;
9 ‘‘(ii) the incidence of substantiated and
10 unsubstantiated reported child abuse and
11 neglect cases;
12 ‘‘(iii) the number of substantiated cases
13 that result in a judicial finding of child
14 abuse or neglect or related criminal court
15 convictions;
16 ‘‘(iv) the extent to which the number of
17 unsubstantiated, unfounded and false re-
18 ported cases of child abuse or neglect have
19 contributed to the inability of a State to re-
20 spond effectively to serious cases of child
21 abuse or neglect;
22 ‘‘(v) the extent to which the lack of ade-
23 quate resources and the lack of adequate
24 education of individuals required by law to
25 report suspected cases of child abuse and ne-
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1 glect have contributed to the inability of a
2 State to respond effectively to serious cases
3 of child abuse and neglect;
4 ‘‘(vi) the number of unsubstantiated,
5 false, or unfounded reports that have re-
6 sulted in a child being placed in substitute
7 care, and the duration of such placement;
8 ‘‘(vii) the extent to which unsubstan-
9 tiated reports return as more serious cases
10 of child abuse or neglect;
11 ‘‘(viii) the incidence and prevalence of
12 physical, sexual, and emotional abuse and
13 physical and emotional neglect in substitute
14 care;
15 ‘‘(ix) the incidence and prevalence of
16 child maltreatment by a wide array of de-
17 mographic characteristics such as age, sex,
18 race, family structure, household relation-
19 ship (including the living arrangement of
20 the resident parent and family size), school
21 enrollment and education attainment, dis-
22 ability, grandparents as caregivers, labor
23 force status, work status in previous year,
24 and income in previous year;
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1 ‘‘(x) the extent to which reports of sus-
2 pected or known instances of child abuse or
3 neglect involving a potential combination of
4 jurisdictions, such as intrastate, interstate,
5 Federal-State, and State-Tribal, are being
6 screened out solely on the basis of the cross-
7 jurisdictional complications; and
8 ‘‘(xi) the incidence and outcomes of
9 child abuse and neglect allegations reported
10 within the context of divorce, custody, or
11 other family court proceedings, and the
12 interaction between family courts and the
13 child protective services system.’’;
14 (B) in paragraph (2), by striking ‘‘para-
15 graph (1)(O)’’ and inserting ‘‘paragraph (1)(J)’’;
16 (C) by amending paragraph (3) to read as
17 follows:
18 ‘‘(3) REPORTING REQUIREMENTS.—
19 ‘‘(A) IN GENERAL.—Not later than 4 years
20 after the date of the enactment of the Human
21 Services and Community Supports Act, the Sec-
22 retary shall prepare and submit to the Com-
23 mittee on Education and Labor of the House of
24 Representatives and the Committee on Health,
25 Education, Labor and Pensions of the Senate a
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1 report that contains the results of the research
2 conducted under paragraph (2).
3 ‘‘(B) NATIONAL INCIDENCE.—The Secretary
4 shall ensure that research conducted, and data
5 collected, under paragraph (1)(J) are reported in
6 a way that will allow longitudinal comparisons
7 as well as comparisons to the national incidence
8 studies conducted under this title.’’; and
9 (D) by striking the second paragraph (4);
10 (2) in subsection (b), by amending paragraph
11 (2) to read as follows:
12 ‘‘(2) AREAS OF EMPHASIS.—Such technical as-
13 sistance—
14 ‘‘(A) shall focus on—
15 ‘‘(i) implementing strategies that can
16 leverage existing community-based and
17 State funded resources to prevent child
18 abuse and neglect and providing education
19 for individuals involved in prevention ac-
20 tivities;
21 ‘‘(ii) reducing racial bias in child wel-
22 fare systems, including how such systems
23 interact with health, law enforcement, and
24 education systems;
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1 ‘‘(iii) promoting best practices for fam-
2 ilies experiencing domestic violence, sub-
3 stance use disorder, or other complex needs;
4 and
5 ‘‘(iv) providing professional develop-
6 ment and other technical assistance to child
7 welfare agencies to improve the under-
8 standing of and to help address the effects
9 of trauma and adverse childhood experi-
10 ences in parents and children in contact
11 with the child welfare system; and
12 ‘‘(B) may include the identification of—
13 ‘‘(i) various methods and procedures
14 for the investigation, assessment, and pros-
15 ecution of child physical and sexual abuse
16 cases;
17 ‘‘(ii) ways to mitigate psychological
18 trauma to the child victim;
19 ‘‘(iii) effective programs carried out by
20 the States under titles I and II; and
21 ‘‘(iv) effective approaches being utilized
22 to link child protective service agencies with
23 health care, mental health care, and devel-
24 opmental services and early intervention to
25 improve forensic diagnosis and health eval-
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1 uations, and barriers and shortages to such
2 linkages.’’;
3 (3) in subsection (c), by striking paragraph (3);
4 and
5 (4) by striking subsection (e).
6 SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL
7 ORGANIZATIONS, AND PUBLIC OR PRIVATE
8 AGENCIES AND ORGANIZATIONS.
9 Section 105 of the Child Abuse Prevention and Treat-
10 ment Act (42 U.S.C. 5106) is amended—
11 (1) in subsection (a)—
12 (A) by redesignating paragraph (7) as
13 paragraph (11);
14 (B) by striking paragraphs (1) through (6)
15 and inserting the following:
16 ‘‘(1) PREVENTION SERVICES.—The Secretary
17 may award grants under this subsection to entities to
18 establish or expand prevention services that reduce
19 incidences of child maltreatment and strengthen fami-
20 lies.
21 ‘‘(2) TRAUMATIC STRESS.—The Secretary may
22 award grants under this subsection to entities to ad-
23 dress instances of traumatic stress in families due to
24 child abuse and neglect, especially for families with
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1 complex needs or families that exhibit high levels of
2 adverse childhood experiences.
3 ‘‘(3) PROMOTING A HIGH-QUALITY WORK-
4 FORCE.—The Secretary may award grants under this
5 subsection to entities to carry out programs or strate-
6 gies that promote a high-quality workforce in the
7 child welfare system through–—
8 ‘‘(A) improvements to recruitment, support,
9 or retention efforts; or
10 ‘‘(B) education for professionals and para-
11 professionals in the prevention, identification,
12 and treatment of child abuse and neglect.
13 ‘‘(4) IMPROVING COORDINATION.—The Secretary
14 may award grants under this subsection to entities to
15 carry out activities to improve intrastate coordina-
16 tion within the child welfare system. Such activities
17 may include—
18 ‘‘(A) aligning information technology sys-
19 tems;
20 ‘‘(B) improving information sharing re-
21 garding child and family referrals; or
22 ‘‘(C) creating collaborative voluntary part-
23 nerships among public and private agencies, the
24 State’s child protective services, local social serv-
25 ice agencies, community-based family support
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1 programs, State and local legal agencies, devel-
2 opmental disability agencies, substance use dis-
3 order treatment providers, health care providers
4 and agencies, domestic violence prevention pro-
5 grams, mental health services, schools and early
6 learning providers, religious entities, and other
7 community-based programs.
8 ‘‘(5) PRIMARY PREVENTION.—The Secretary may
9 award grants under this subsection to entities to
10 carry out or expand primary prevention programs or
11 strategies that address family or community protec-
12 tive factors.
13 ‘‘(6) NEGLECT DUE TO ECONOMIC INSECURITY.—
14 The Secretary may award grants under this sub-
15 section to entities to carry out programs or strategies
16 that reduce findings of child neglect due in full or in
17 part to family economic insecurity.
18 ‘‘(7) EDUCATION OF MANDATORY REPORTERS.—
19 The Secretary may award grants under this sub-
20 section to entities for projects that involve research-
21 based strategies for innovative education of mandated
22 child abuse and neglect reporters, and for victims to
23 understand mandatory reporting.
24 ‘‘(8) SENTINEL INJURIES.—The Secretary may
25 award grants under this subsection to entities to iden-
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1 tify and test effective practices to improve early detec-
2 tion and management of injuries indicative of poten-
3 tial abuse in infants to prevent future cases of child
4 abuse and related fatalities.
5 ‘‘(9) INNOVATIVE PARTNERSHIPS.—The Sec-
6 retary may award grants under this subsection to en-
7 tities to carry out innovative programs or strategies
8 to coordinate the delivery of services to help reduce
9 child abuse and neglect via partnerships among
10 health, mental health, education (including early
11 learning and care programs as appropriate), and
12 child welfare agencies and providers.
13 ‘‘(10) REDUCING CHILD ABUSE AND NEGLECT
14 DUE TO THE SUBSTANCE USE DISORDER OF A PARENT
15 OR CAREGIVER.—The Secretary may award grants
16 under this subsection to entities to carry out activities
17 to reduce child abuse and neglect due to the substance
18 use disorder of a parent or caregiver.’’; and
19 (C) by adding at the end the following:
20 ‘‘(12) NATIONAL CHILD ABUSE HOTLINE.—
21 ‘‘(A) IN GENERAL.—The Secretary may
22 award a grant under this subsection to a non-
23 profit entity to provide for the ongoing operation
24 of a 24-hour, national, toll-free telephone hotline
25 to provide information and assistance to youth
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1 victims of child abuse or neglect, parents, care-
2 givers, mandated reporters, and other concerned
3 community members, including through alter-
4 native modalities for communications (such as
5 texting or chat services) with such victims and
6 other information seekers.
7 ‘‘(B) PRIORITY.—In awarding grants de-
8 scribed in this paragraph, the Secretary shall
9 give priority to applicants with experience in
10 operating a hotline that provides assistance to
11 victims of child abuse, parents, caregivers, and
12 mandated reporters.
13 ‘‘(C) APPLICATION.—To be eligible to re-
14 ceive a grant described in this paragraph, a non-
15 profit entity shall submit an application to the
16 Secretary that shall—
17 ‘‘(i) contain such assurances and infor-
18 mation, be in such form, and be submitted
19 in such manner, as the Secretary shall pre-
20 scribe;
21 ‘‘(ii) include a complete description of
22 the entity’s plan for the operation of a na-
23 tional child abuse hotline, including de-
24 scriptions of—
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1 ‘‘(I) the professional development
2 program for hotline personnel, includ-
3 ing technology professional develop-
4 ment to ensure that all persons affili-
5 ated with the hotline are able to effec-
6 tively operate any technological sys-
7 tems used by the hotline;
8 ‘‘(II) the qualifications for hotline
9 personnel;
10 ‘‘(III) the methods for the cre-
11 ation, maintenance, and updating of a
12 comprehensive list of prevention and
13 treatment service providers;
14 ‘‘(IV) a plan for publicizing the
15 availability of the hotline throughout
16 the United States;
17 ‘‘(V) a plan for providing service
18 to non-English speaking callers, in-
19 cluding service through hotline per-
20 sonnel who have non-English language
21 capability;
22 ‘‘(VI) a plan for facilitating ac-
23 cess to the hotline and alternative mo-
24 dality services by persons with hearing
25 impairments and disabilities;
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1 ‘‘(VII) a plan for providing crisis
2 counseling, general assistance, and re-
3 ferrals to youth victims of child abuse;
4 and
5 ‘‘(VIII) a plan to offer alternative
6 services to calling, such as texting or
7 live chat;
8 ‘‘(iii) demonstrate that the entity has
9 the capacity and the expertise to maintain
10 a child abuse hotline and a comprehensive
11 list of service providers;
12 ‘‘(iv) demonstrate the ability to provide
13 information and referrals for contacts, di-
14 rectly connect contacts to service providers,
15 and employ crisis interventions;
16 ‘‘(v) demonstrate that the entity has a
17 commitment to providing services to indi-
18 viduals in need; and
19 ‘‘(vi) demonstrate that the entity com-
20 plies with State privacy laws and has es-
21 tablished quality assurance practices.’’; and
22 (2) by striking subsections (b) and (c) and in-
23 serting the following:
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1 ‘‘(b) GOALS AND PERFORMANCE.—The Secretary shall
2 ensure that each entity receiving a grant under this sec-
3 tion—
4 ‘‘(1) establishes quantifiable goals for the out-
5 come of the project funded with the grant; and
6 ‘‘(2) adequately measures the performance of the
7 project relative to such goals.
8 ‘‘(c) PERFORMANCE REPORT REQUIRED.—
9 ‘‘(1) IN GENERAL.—Each entity that receives a
10 grant under this section shall submit to the Secretary
11 a performance report that includes—
12 ‘‘(A) an evaluation of the effectiveness of the
13 project funded with the grant relative to the
14 goals established for such project under sub-
15 section (b)(1); and
16 ‘‘(B) data supporting such evaluation.
17 ‘‘(2) SUBMISSION.—The report under paragraph
18 (1) shall be submitted to the Secretary at such time,
19 in such manner, and containing such information as
20 the Secretary may require.
21 ‘‘(d) CONTINUING GRANTS.—The Secretary may only
22 award a continuing grant to an entity under this section
23 if such entity submits a performance report required under
24 subsection (c) that demonstrates effectiveness of the project
25 funded.’’.
•HR 925 EAH
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1 SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NE-
2 GLECT PREVENTION AND TREATMENT PRO-
3 GRAMS.
4 (a) DEVELOPMENT AND OPERATION GRANTS.—Sub-
5 section (a) of section 106 of the Child Abuse Prevention and
6 Treatment Act (42 U.S.C. 5106a) is amended to read as
7 follows:
8 ‘‘(a) DEVELOPMENT AND OPERATION GRANTS.—The
9 Secretary shall make grants to the States, from allotments
10 under subsection (f) for each State that applies for a grant
11 under this section, for purposes of assisting the States in
12 improving and implementing a child protective services sys-
13 tem that is family-centered, integrates community services,
14 and is capable of providing rapid response to high-risk
15 cases, by carrying out the following:
16 ‘‘(1) Conducting the intake, assessment, screen-
17 ing, and investigation of reports of child abuse or ne-
18 glect.
19 ‘‘(2) Ensuring that reports concerning a child’s
20 living arrangements or subsistence needs are ad-
21 dressed through services or benefits and that no child
22 is separated from such child’s parent for reasons of
23 poverty.
24 ‘‘(3) Creating and improving the use of multi-
25 disciplinary teams and interagency, intra-agency,
26 interstate, and intrastate protocols to enhance fair in-
•HR 925 EAH
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1 vestigations; and improving legal preparation and
2 representation.
3 ‘‘(4) Complying with the assurances in section
4 106(b)(2).
5 ‘‘(5) Establishing State and local networks of
6 child and family service providers that support child
7 and family well-being, which shall—
8 ‘‘(A) include child protective services, as
9 well as agencies and service providers, that ad-
10 dress family-strengthening, parenting skills,
11 child development, early childhood care and
12 learning, child advocacy, public health, mental
13 health, substance use disorder treatment, domes-
14 tic violence, developmental disabilities, housing,
15 juvenile justice, elementary and secondary edu-
16 cation, and child placement; and
17 ‘‘(B) address instances of child abuse and
18 neglect by incorporating evaluations that assess
19 the development of a child, including language
20 and communication, cognitive, physical, and so-
21 cial and emotional development, the need for
22 mental health services, including trauma-related
23 services, trauma-informed care, and parental
24 needs.
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1 ‘‘(6) Ensuring child protective services is ad-
2 dressing the safety of children and responding to par-
3 ent and family needs, which shall include—
4 ‘‘(A) family-oriented efforts that emphasize
5 case assessment and follow up casework focused
6 on child safety and child and parent well-being,
7 which may include—
8 ‘‘(i) ensuring parents and children un-
9 dergo physical and mental health assess-
10 ments, as appropriate, and ongoing develop-
11 mental monitoring;
12 ‘‘(ii) multidisciplinary approaches to
13 assessing family needs and connecting the
14 family with services, including prevention
15 services under section 471 of the Social Se-
16 curity Act (42 U.S.C. 671);
17 ‘‘(iii) organizing a treatment team
18 with the goal of preventing child abuse and
19 neglect, and improving parent and child
20 well-being;
21 ‘‘(iv) case monitoring that supports
22 child well-being; and
23 ‘‘(v) differential response efforts; and
24 ‘‘(B) establishing and maintaining a rapid
25 response system that responds promptly to all re-
•HR 925 EAH
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1 ports of child abuse or neglect, with special at-
2 tention to cases involving children under 3 years
3 of age.
4 ‘‘(7) Educating caseworkers, community service
5 providers, attorneys, health care professionals, par-
6 ents, and others engaged in the prevention, interven-
7 tion, and treatment of child abuse and neglect, which
8 shall include education on—
9 ‘‘(A) practices that help ensure child safety
10 and well-being;
11 ‘‘(B) approaches to family-oriented preven-
12 tion, intervention, and treatment of child abuse
13 and neglect;
14 ‘‘(C) early childhood, child, and adolescent
15 development, and the impact of adverse child-
16 hood experiences on such development;
17 ‘‘(D) the relationship between child abuse
18 and domestic violence, and support for non-abus-
19 ing parents;
20 ‘‘(E) strategies to work with families im-
21 pacted by substance use disorder and mental
22 health issues (and, when appropriate, be coordi-
23 nated with prevention efforts funded under sec-
24 tion 471 of the Social Security Act (42 U.S.C.
25 671));
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1 ‘‘(F) effective use of multiple services to ad-
2 dress family and child needs, including needs re-
3 sulting from trauma;
4 ‘‘(G) efforts to improve family and child
5 well-being;
6 ‘‘(H) support for child welfare workers af-
7 fected by secondary trauma; and
8 ‘‘(I) supporting families and caregivers to
9 combat and prevent unsubstantiated, unfounded,
10 or false reports, including through education on
11 the rights of families and caregivers.
12 ‘‘(8) Creating or improving data systems that
13 allow for—
14 ‘‘(A) the identification of cases requiring
15 prompt responses;
16 ‘‘(B) real-time case monitoring that tracks
17 assessments, service referrals, follow-up, case re-
18 views, and progress toward parent and child
19 goals; and
20 ‘‘(C) sharing basic identifying data with
21 law enforcement, as necessary.
22 ‘‘(9) Improving the general child protective sys-
23 tem by developing, improving, and implementing
24 safety assessment tools, providing that such tools, pro-
25 tocols, and systems shall not authorize the separation
•HR 925 EAH
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1 of any child from the legal parent or guardian of such
2 child solely on the basis of poverty, or without a judi-
3 cial order, except in the case of imminent harm.’’.
4 (b) ELIGIBILITY REQUIREMENTS.—
5 (1) STATE PLAN.—Paragraph (1) of section
6 106(b) of the Child Abuse Prevention and Treatment
7 Act (42 U.S.C. 5106a(b)) is amended to read as fol-
8 lows:
9 ‘‘(1) STATE PLAN.—
10 ‘‘(A) IN GENERAL.—To be eligible to receive
11 a grant under this section, a State shall submit
12 to the Secretary a State plan that—
13 ‘‘(i) specifies how the grant will be
14 used, and the State’s strategic plan, to treat
15 child abuse and neglect and enhance com-
16 munity-based, prevention-centered ap-
17 proaches that attempt to prevent child abuse
18 and neglect while strengthening and sup-
19 porting families whenever possible; and
20 ‘‘(ii) meets the requirements of this
21 subsection.
22 ‘‘(B) COORDINATION AND CONSULTATION.—
23 ‘‘(i) COORDINATION.—Each State, to
24 the maximum extent practicable, shall co-
25 ordinate its State plan under this sub-
•HR 925 EAH
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1 section with its State plan under part B of
2 title IV of the Social Security Act (42
3 U.S.C. 621 et seq.) relating to child and
4 family services and, in States electing to
5 provide services under part E of title IV of
6 the Social Security Act (42 U.S.C. 670 et
7 seq.) relating to foster care prevention serv-
8 ices, its State plan under such part E.
9 ‘‘(ii) CONSULTATION.—In developing a
10 State plan under this subsection, a State
11 shall consult with community-based preven-
12 tion and service agencies, parents and fami-
13 lies affected by child abuse or neglect in the
14 State, law enforcement, family court judges,
15 prosecutors who handle criminal child abuse
16 cases, and medical professionals engaged in
17 the treatment of child abuse and neglect.
18 ‘‘(C) DURATION AND SUBMISSION OF
19 PLAN.—Each State plan shall—
20 ‘‘(i) be submitted not less than every 5
21 years; and
22 ‘‘(ii) if necessary, revised by the State
23 to inform the Secretary of any substantive
24 changes, including—
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1 ‘‘(I) any changes to State law or
2 regulations, relating to the prevention
3 of child abuse and neglect that may af-
4 fect the eligibility of the State under
5 this section; or
6 ‘‘(II) any changes in the State’s
7 activities, strategies, or programs
8 under this section.’’.
9 (2) CONTENTS.—Paragraph (2) of section 106(b)
10 of the Child Abuse Prevention and Treatment Act (42
11 U.S.C. 5106a(b)) is amended to read as follows:
12 ‘‘(2) CONTENTS.—A State plan submitted under
13 paragraph (1) shall contain a description of the ac-
14 tivities that the State will carry out using amounts
15 received under the grant to achieve the objectives of
16 this title, including—
17 ‘‘(A) an assurance in the form of a certifi-
18 cation by the Governor of the State that the
19 State has in effect and is enforcing a State law,
20 or has in effect and is operating a statewide pro-
21 gram, relating to child abuse and neglect that in-
22 cludes—
23 ‘‘(i) provisions or procedures for an in-
24 dividual to report known and suspected in-
25 stances of child abuse and neglect, including
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1 a State law for mandatory reporting by in-
2 dividuals required to report such instances;
3 ‘‘(ii) procedures for the immediate
4 screening, risk and safety assessment, and
5 prompt investigation of such reports of al-
6 leged abuse and neglect in order to ensure
7 the well-being and safety of children;
8 ‘‘(iii) procedures for immediate steps
9 to be taken to ensure and protect the safety
10 of a victim of child abuse or neglect and of
11 any other child under the same care who
12 may also be in danger of child abuse or ne-
13 glect and ensuring their placement in a safe
14 environment;
15 ‘‘(iv) methods to preserve the confiden-
16 tiality of all records in order to protect the
17 rights of the child and of the child’s parents
18 or guardians, including requirements ensur-
19 ing that reports and records made and
20 maintained pursuant to the purposes of this
21 Act shall only be made available to—
22 ‘‘(I) individuals who are the sub-
23 ject of the report;
24 ‘‘(II) Federal, State, or local gov-
25 ernment entities, or any agent of such
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1 entities, as described in clause (xi) of
2 this subparagraph;
3 ‘‘(III) child abuse citizen review
4 panels;
5 ‘‘(IV) child fatality review panels;
6 ‘‘(V) a grand jury or court, upon
7 a finding that information in the
8 record is necessary for the determina-
9 tion of an issue before the court or
10 grand jury; and
11 ‘‘(VI) other entities or classes of
12 individuals statutorily authorized by
13 the State to receive such information
14 pursuant to a legitimate State purpose;
15 ‘‘(v) provisions and procedures requir-
16 ing that in every case involving a victim of
17 child abuse or neglect which results in a ju-
18 dicial proceeding, a guardian ad litem, who
19 has received education appropriate to the
20 role, including education in early childhood,
21 child, and adolescent development, and do-
22 mestic violence, and who may be an attor-
23 ney or a court appointed special advocate
24 who has received education appropriate to
25 that role (or both), shall be appointed to
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1 represent the child (who, for purposes of this
2 section, shall have any age limit elected by
3 the State pursuant to section 475(8)(B)(iii)
4 of the Social Security Act (42 U.S.C.
5 675(8)(B)(iii)) in such proceedings—
6 ‘‘(I) to obtain first-hand, a clear
7 understanding of the situation and
8 needs of such child; and
9 ‘‘(II) to make recommendations to
10 the court concerning the best interests
11 of such child;
12 ‘‘(vi) the establishment of citizen re-
13 view panels in accordance with subsection
14 (c);
15 ‘‘(vii) provisions and procedures to re-
16 quire that a representative of the child pro-
17 tective services agency shall, at the initial
18 time of contact with the individual subject
19 to a child abuse or neglect investigation, ad-
20 vise the individual of the complaints or alle-
21 gations made against the individual, in a
22 manner that is consistent with laws pro-
23 tecting the rights of the informant;
24 ‘‘(viii) provisions, procedures, and
25 mechanisms—
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1 ‘‘(I) for the expedited termination
2 of parental rights in the case of any
3 infant determined to be abandoned
4 under State law; and
5 ‘‘(II) by which individuals who
6 disagree with an official finding of
7 child abuse or neglect can appeal such
8 finding;
9 ‘‘(ix) provisions addressing the profes-
10 sional development of representatives of the
11 child protective services system regarding
12 the legal duties of the representatives, which
13 may consist of various methods of inform-
14 ing such representatives of such duties (in-
15 cluding providing such education in dif-
16 ferent languages if necessary), in order to
17 protect the legal rights and safety of chil-
18 dren and their parents and caregivers from
19 the initial time of contact during investiga-
20 tion through treatment;
21 ‘‘(x) provisions for immunity from
22 civil or criminal liability under State and
23 local laws and regulations for individuals
24 making good faith reports of suspected or
25 known instances of child abuse or neglect, or
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1 who otherwise provide information or as-
2 sistance, including medical evaluations or
3 consultations, in connection with a report,
4 investigation, or legal intervention pursuant
5 to a good faith report of child abuse or ne-
6 glect;
7 ‘‘(xi) provisions to require the State to
8 disclose confidential information to any
9 Federal, State, or local government entity,
10 or any agent of such entity, that has a need
11 for such information in order to carry out
12 its responsibilities under law to protect chil-
13 dren from child abuse and neglect;
14 ‘‘(xii) provisions requiring, and proce-
15 dures in place that facilitate the prompt
16 expungement of any records that are acces-
17 sible to the general public or are used for
18 purposes of employment or other back-
19 ground checks in cases determined to be un-
20 substantiated or false, except that nothing
21 in this section shall prevent State child pro-
22 tective services agencies from keeping infor-
23 mation on unsubstantiated reports in their
24 casework files to assist in future risk and
25 safety assessment;
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1 ‘‘(xiii) provisions and procedures for
2 requiring criminal background record
3 checks that meet the requirements of section
4 471(a)(20) of the Social Security Act (42
5 U.S.C. 671(a)(20)) for prospective foster
6 and adoptive parents and other adult rel-
7 atives and non-relatives residing in the
8 household;
9 ‘‘(xiv) provisions for systems of tech-
10 nology that support the State child protec-
11 tive services system and track reports of
12 child abuse and neglect from intake through
13 final disposition;
14 ‘‘(xv) provisions and procedures re-
15 quiring identification and assessment of all
16 reports involving children known or sus-
17 pected to be victims of sex trafficking (as
18 defined in section 103(12) of the Trafficking
19 Victims Protection Act of 2000 (22 U.S.C.
20 7102 (12));
21 ‘‘(xvi) provisions, procedures, and
22 mechanisms that assure that the State does
23 not require reunification of a surviving
24 child with a parent who has been found by
25 a court of competent jurisdiction—
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1 ‘‘(I) to have committed murder
2 (which would have been an offense
3 under section 1111(a) of title 18,
4 United States Code, if the offense had
5 occurred in the special maritime or
6 territorial jurisdiction of the United
7 States) of another child of such parent;
8 ‘‘(II) to have committed voluntary
9 manslaughter (which would have been
10 an offense under section 1112(a) of
11 title 18, United States Code, if the of-
12 fense had occurred in the special mari-
13 time or territorial jurisdiction of the
14 United States) of another child of such
15 parent;
16 ‘‘(III) to have aided or abetted,
17 attempted, conspired, or solicited to
18 commit such murder or voluntary
19 manslaughter;
20 ‘‘(IV) to have committed a felony
21 assault that results in the serious bod-
22 ily injury to the surviving child or an-
23 other child of such parent;
•HR 925 EAH
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1 ‘‘(V) to have committed sexual
2 abuse against the surviving child or
3 another child of such parent; or
4 ‘‘(VI) to be required to register
5 with a sex offender registry under sec-
6 tion 113(a) of the Adam Walsh Child
7 Protection and Safety Act of 2006 (42
8 U.S.C. 16913(a)); and
9 ‘‘(xvii) an assurance that, upon the
10 implementation by the State of the provi-
11 sions, procedures, and mechanisms under
12 clause (xvi), conviction of any one of the
13 felonies listed in clause (xvi) constitute
14 grounds under State law for the termi-
15 nation of parental rights of the convicted
16 parent as to the surviving children (al-
17 though case-by-case determinations of
18 whether or not to seek termination of paren-
19 tal rights shall be within the sole discretion
20 of the State);
21 ‘‘(B) an assurance that the State has in
22 place procedures for responding to the reporting
23 of medical neglect (including instances of with-
24 holding of medically indicated treatment from
25 infants with disabilities who have life-threat-
•HR 925 EAH
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1 ening conditions), procedures or programs, or
2 both (within the State child protective services
3 system), to provide for—
4 ‘‘(i) coordination and consultation
5 with individuals designated by and within
6 appropriate health-care facilities;
7 ‘‘(ii) prompt notification by individ-
8 uals designated by and within appropriate
9 health-care facilities of cases of suspected
10 medical neglect (including instances of
11 withholding of medically indicated treat-
12 ment from infants with disabilities who
13 have life-threatening conditions); and
14 ‘‘(iii) authority, under State law, for
15 the State child protective services system to
16 pursue any legal remedies, including the
17 authority to initiate legal proceedings in a
18 court of competent jurisdiction, as may be
19 necessary to prevent the withholding of
20 medically indicated treatment from infants
21 with disabilities who have life-threatening
22 conditions;
23 ‘‘(C) an assurance or certification that pro-
24 grams and education conducted under this title
25 address the unique needs of unaccompanied
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1 homeless youth, including access to enrollment
2 and support services and that such youth are eli-
3 gible for under parts B and E of title IV of the
4 Social Security Act (42 U.S.C. 621 et seq., 670
5 et seq.) and meet the requirements of the McKin-
6 ney-Vento Homeless Assistance Act (42 U.S.C.
7 11301 et seq.); and
8 ‘‘(D) a description of—
9 ‘‘(i) policies and procedures (including
10 appropriate referrals to child welfare service
11 systems and for other appropriate services
12 (including home visiting services and mu-
13 tual support and parent partner programs)
14 determined by a family assessment) to ad-
15 dress the needs of infants born with and
16 identified as being affected by substance use
17 or withdrawal symptoms resulting from
18 prenatal drug exposure, or a Fetal Alcohol
19 Spectrum Disorder, including a require-
20 ment that health care providers involved in
21 the delivery or care of such infants notify
22 the child protective welfare service system of
23 the occurrence of such condition in such in-
24 fants, except that—
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438
1 ‘‘(I) child protective services shall
2 undertake an investigation only when
3 the findings of a family assessment
4 warrant such investigation; and
5 ‘‘(II) such notification shall not be
6 construed to—
7 ‘‘(aa) establish a definition
8 under Federal law of what con-
9 stitutes child abuse or neglect; or
10 ‘‘(bb) require prosecution for
11 any illegal action;
12 ‘‘(ii) the development of a multi-dis-
13 ciplinary plan of safe care for the infant
14 born and identified as being affected by sub-
15 stance use or withdrawal symptoms or a
16 Fetal Alcohol Spectrum Disorder to ensure
17 the safety and well-being of such infant fol-
18 lowing release from the care of health care
19 providers, including through—
20 ‘‘(I) using a risk-based approach
21 to develop each plan of safe care;
22 ‘‘(II) addressing, through coordi-
23 nated service delivery, the health and
24 substance use disorder treatment needs
25 of the infant and affected family or
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439
1 caregiver as determined by a family
2 assessment; and
3 ‘‘(III) the development and imple-
4 mentation by the State of monitoring
5 systems regarding the implementation
6 of such plans of safe care to determine
7 whether and in what manner local en-
8 tities are providing, in accordance
9 with State requirements, referrals to
10 and delivery of appropriate services for
11 the infant and affected family or care-
12 giver;
13 ‘‘(iii) policies and procedures to make
14 available to the public on the State website
15 the data, findings, and information about
16 all cases of child abuse or neglect resulting
17 in a child fatality or near fatality, includ-
18 ing a description of—
19 ‘‘(I) how the State will not create
20 an exception to such public disclosure,
21 except in a case in which—
22 ‘‘(aa) the State would like to
23 delay public release of case-spe-
24 cific findings or information (in-
25 cluding any previous reports of
•HR 925 EAH
440
1 domestic violence and subsequent
2 actions taken to assess and ad-
3 dress such reports) while a crimi-
4 nal investigation or prosecution of
5 such a fatality or near fatality is
6 pending;
7 ‘‘(bb) the State is protecting
8 the identity of a reporter of child
9 abuse or neglect; or
10 ‘‘(cc) the State is withholding
11 identifying information of mem-
12 bers of the victim’s family who
13 are not perpetrators of the fatality
14 or near fatality; and
15 ‘‘(II) how the State will ensure
16 that in providing the public disclosure
17 required under this clause, the State
18 will include—
19 ‘‘(aa) the cause and cir-
20 cumstances of the fatality or near
21 fatality;
22 ‘‘(bb) the age and gender of
23 the child; and
24 ‘‘(cc) any previous reports of
25 child abuse or neglect investiga-
•HR 925 EAH
441
1 tions that are relevant to the child
2 abuse or neglect that led to the fa-
3 tality or near fatality;
4 ‘‘(iv) how the State will use data col-
5 lected on child abuse or neglect to prevent
6 child fatalities and near fatalities;
7 ‘‘(v) how the State will implement ef-
8 forts to prevent child fatalities and near fa-
9 talities;
10 ‘‘(vi) the cooperation of State law en-
11 forcement officials, court of competent juris-
12 diction, and appropriate State agencies
13 providing human services in the investiga-
14 tion, assessment, prosecution, and treatment
15 of child abuse and neglect;
16 ‘‘(vii) the steps the State will take to
17 improve the professional development, reten-
18 tion, and supervision of caseworkers and
19 how the State will measure the effectiveness
20 of such efforts;
21 ‘‘(viii) the State’s plan to ensure each
22 child under the age of 3 who is involved in
23 a substantiated case of child abuse or ne-
24 glect will be referred to the State’s child find
25 system under section 635(a)(5) of the Indi-
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1 viduals with Disabilities Education Act (20
2 U.S.C. 1435(a)(5)) in order to determine if
3 the child is an infant or toddler with a dis-
4 ability (as defined in section 632(5) of such
5 Act (20 U.S.C. 1432(5)));
6 ‘‘(ix) the State’s plan to improve, as
7 part of a comprehensive State strategy led
8 by law enforcement, professional develop-
9 ment for child protective services workers
10 and their appropriate role in identifying,
11 assessing, and providing comprehensive
12 services for children who are sex trafficking
13 victims, in coordination with law enforce-
14 ment, juvenile justice agencies, runaway
15 and homeless youth shelters, and health,
16 mental health, and other social service agen-
17 cies and providers;
18 ‘‘(x) the services to be provided under
19 the grant to individuals, families, or com-
20 munities, either directly or through refer-
21 rals, aimed at preventing the occurrence of
22 child abuse and neglect;
23 ‘‘(xi) the State’s efforts to ensure pro-
24 fessionals who are required to report sus-
25 pected cases of child abuse and neglect are
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1 aware of their responsibilities under sub-
2 paragraph (A)(i) and receive professional
3 development relating to performing such re-
4 sponsibilities that is specific to their profes-
5 sion and workplace;
6 ‘‘(xii) policies and procedures encour-
7 aging the appropriate involvement of fami-
8 lies in decisionmaking pertaining to chil-
9 dren who experienced child abuse or neglect;
10 ‘‘(xiii) the State’s efforts to improve
11 appropriate collaboration among child pro-
12 tective services agencies, domestic violence
13 services agencies, substance use disorder
14 treatment agencies, and other agencies in
15 investigations, interventions, and the deliv-
16 ery of services and treatment provided to
17 children and families affected by child abuse
18 or neglect, including children exposed to do-
19 mestic violence, where appropriate;
20 ‘‘(xiv) policies and procedures regard-
21 ing the use of differential response, as ap-
22 plicable, to improve outcomes for children;
23 and
24 ‘‘(xv) the State’s efforts to reduce racial
25 bias in its child protective services system.’’.
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1 (3) LIMITATIONS.—Paragraph (3) of section
2 106(b) of the Child Abuse Prevention and Treatment
3 Act (42 U.S.C. 5106a(b)) is amended—
4 (A) in the paragraph heading, by striking
5 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’;
6 (B) by striking ‘‘With regard to clauses (vi)
7 and (vii) of paragraph (2)(B),’’ and inserting
8 the following:
9 ‘‘(A) DISCLOSURE OF CERTAIN IDENTIFYING
10 INFORMATION.—With regard to subparagraphs
11 (A)(iv) and (D)(iii) of paragraph (2),’’;
12 (C) by striking the period at the end and
13 inserting ‘‘; and’’; and
14 (D) by adding at the end the following:
15 ‘‘(B) PUBLIC ACCESS TO COURT PRO-
16 CEEDINGS.—Nothing in paragraph (2) shall be
17 construed to limit the State’s flexibility to deter-
18 mine State policies relating to public access to
19 court proceedings to determine child abuse and
20 neglect, except that such policies shall, at a min-
21 imum, ensure the safety and well-being of the
22 child, parents, and families.’’.
23 (4) DEFINITIONS.—Paragraph (4) of section
24 106(b) of the Child Abuse Prevention and Treatment
25 Act (42 U.S.C. 5106a(b)) is amended—
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1 (A) in the paragraph heading, by striking
2 ‘‘DEFINITIONS’’ and inserting ‘‘DEFINITION’’;
3 (B) by striking ‘‘this subsection’’ and all
4 that follows through ‘‘means an act’’ and insert-
5 ing the following: ‘‘this subsection, the term ‘near
6 fatality’ means an act’’;
7 (C) by striking ‘‘; and’’ and inserting a pe-
8 riod; and
9 (D) by striking subparagraph (B).
10 (c) CITIZEN REVIEW PANELS.—Section 106(c) of the
11 Child Abuse Prevention and Treatment Act (42 U.S.C.
12 5106a(c)) is amended—
13 (1) in paragraph (1)(B), by striking ‘‘EXCEP-
14 TIONS.’’ and all that follows through ‘‘A State may’’
15 and inserting ‘‘EXCEPTION.—A State may’’;
16 (2) in paragraph (4)(A)—
17 (A) in the matter preceding clause (i), by
18 striking ‘‘and where appropriate, specific cases,’’;
19 and
20 (B) in clause (iii)(I), by striking ‘‘foster
21 care and adoption programs’’ and inserting ‘‘fos-
22 ter care, prevention, and permanency pro-
23 grams’’; and
24 (3) by amending the first sentence of paragraph
25 (6) to read as follows: ‘‘Each panel established under
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1 paragraph (1) shall prepare and make available to
2 the State and the public, on an annual basis, a report
3 containing a summary of the activities of the panel,
4 the criteria used for determining which activities the
5 panel engaged in, and recommendations or observa-
6 tions to improve the child protective services system
7 at the State and local levels, and the data upon which
8 these recommendations or observations are based.’’.
9 (d) ANNUAL STATE DATA REPORTS.—Section 106(d)
10 of the Child Abuse Prevention and Treatment Act (42
11 U.S.C. 5106a(d)) is amended—
12 (1) by amending paragraph (13) to read as fol-
13 lows:
14 ‘‘(13) The annual report containing the sum-
15 mary of the activities and recommendations of the cit-
16 izen review panels of the State required by subsection
17 (c)(6), and the actions taken by the State as a result
18 of such recommendations.’’;
19 (2) in paragraph (15), by striking ‘‘subsection
20 (b)(2)(B)(ii)’’ and inserting ‘‘subsection (b)(2)(D)(i)’’;
21 (3) in paragraph (16), by striking ‘‘subsection
22 (b)(2)(B)(xxi)’’ and inserting ‘‘subsection
23 (b)(2)(D)(viii)’’;
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1 (4) in paragraph (17), by striking ‘‘subsection
2 (b)(2)(B)(xxiv)’’ and inserting ‘‘subsection
3 (b)(2)(A)(xv)’’;
4 (5) in paragraph (18)—
5 (A) in subparagraph (A), by striking ‘‘sub-
6 section (b)(2)(B)(ii)’’ and inserting ‘‘subsection
7 (b)(2)(D)(i)’’;
8 (B) in subparagraph (B), by striking ‘‘sub-
9 section (b)(2)(B)(iii)’’ and inserting ‘‘subsection
10 (b)(2)(D)(ii)’’; and
11 (C) in subparagraph (C), by striking ‘‘sub-
12 section (b)(2)(B)(iii)’’ and inserting ‘‘subsection
13 (b)(2)(D)(ii)’’; and
14 (6) by adding at the end the following:
15 ‘‘(19) The number of child fatalities and near fa-
16 talities from maltreatment and related information in
17 accordance with the uniform standards established
18 under section 103(d).’’.
19 (e) ALLOTMENTS.—Section 106(f) of the Child Abuse
20 Prevention and Treatment Act (42 U.S.C. 5106a(f)) is
21 amended by adding at the end the following:
22 ‘‘(6) LIMITATION.—For any fiscal year for which
23 the amount allotted to a State or territory under this
24 subsection exceeds the amount allotted to the State or
25 territory under such subsection for fiscal year 2019,
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1 the State or territory may use not more than 2 per-
2 cent of such excess amount for administrative ex-
3 penses.’’.
4 SEC. 107. MISCELLANEOUS REQUIREMENTS.
5 Section 108 of the Child Abuse Prevention and Treat-
6 ment Act (42 U.S.C. 5106d) is amended—
7 (1) in subsection (b), by inserting ‘‘Indian tribes,
8 and tribal organizations,’’ after ‘‘States,’’;
9 (2) by redesignating subsections (c) through (e)
10 as subsections (d) through (f), respectively; and
11 (3) by inserting after subsection (b) the fol-
12 lowing:
13 ‘‘(c) PROTECTING AGAINST SYSTEMIC CHILD SEXUAL
14 ABUSE.—
15 ‘‘(1) REPORTING AND TASK FORCE.—Not later
16 than 24 months after the date of the enactment of the
17 Human Services and Community Supports Act, each
18 State task force established under section 107(c) and
19 expanded as described in paragraph (2) shall study
20 and make recommendations on the following, with a
21 focus on preventing systemic child sexual abuse:
22 ‘‘(A) How to detect systemic child sexual
23 abuse that occurs in an organization.
24 ‘‘(B) How to prevent child sexual abuse and
25 systemic child sexual abuse from occurring in or-
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1 ganizations, which shall include recommenda-
2 tions to improve—
3 ‘‘(i) practices and policies for the edu-
4 cation of parents, caregivers, and victims,
5 and age appropriate education of children,
6 about risk factors or signs of potential child
7 sexual abuse; and
8 ‘‘(ii) the efficacy of applicable State
9 laws and the role such laws play in deter-
10 ring or preventing incidences of child sexual
11 abuse.
12 ‘‘(C) The feasibility of making available the
13 disposition of a perpetrator within an organiza-
14 tion to—
15 ‘‘(i) the child alleging sexual abuse or
16 the child’s family; or
17 ‘‘(ii) an adult who was a child at the
18 time of the sexual abuse claim in question
19 or the adult’s family.
20 ‘‘(2) TASK FORCE COMPOSITION.—For purposes
21 of this subsection, a State task force shall include—
22 ‘‘(A) the members of the State task force de-
23 scribed in section 107(c) for the State; and
24 ‘‘(B) the following:
25 ‘‘(i) Family court judges.
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1 ‘‘(ii) Individuals from religious orga-
2 nizations.
3 ‘‘(iii) Individuals from youth-serving
4 organizations, including youth athletics or-
5 ganizations.
6 ‘‘(3) REPORTING ON RECOMMENDATIONS.—Not
7 later than 6 months after a State task force makes
8 recommendations under paragraph (1), the State
9 maintaining such State task force shall—
10 ‘‘(A) make public the recommendations of
11 such report;
12 ‘‘(B) report to the Secretary on the status of
13 adopting such recommendations; and
14 ‘‘(C) in a case in which the State declines
15 to adopt a particular recommendation, make
16 public the explanation for such declination.
17 ‘‘(4) DEFINITIONS.—For purposes of this sub-
18 section—
19 ‘‘(A) the terms ‘child sexual abuse’ and ‘sex-
20 ual abuse’ shall not be limited to an act or a
21 failure to act on the part of a parent or care-
22 taker;
23 ‘‘(B) the term ‘organization’ means any en-
24 tity that serves children; and
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1 ‘‘(C) the term ‘systemic child sexual abuse’
2 means—
3 ‘‘(i) a pattern of informal or formal
4 policy or de facto policy to not follow State
5 and local requirements to report instances
6 of child sexual abuse in violation of State
7 and local mandatory reporting laws or pol-
8 icy; or
9 ‘‘(ii) a pattern of assisting individual
10 perpetrators in maintaining their careers
11 despite substantiated evidence of child sex-
12 ual abuse.’’.
13 SEC. 108. REPORTS.
14 (a) SCALING EVIDENCE-BASED TREATMENT OF CHILD
15 ABUSE AND NEGLECT.—Section 110 of the Child Abuse
16 Prevention and Treatment Act (42 U.S.C. 5106f) is amend-
17 ed to read as follows:
18 ‘‘SEC. 110. STUDY AND REPORT RELATING TO SCALING EVI-
19 DENCE-BASED TREATMENT OF CHILD ABUSE
20 AND NEGLECT; STUDY AND REPORT ON MAR-
21 ITAL AGE OF CONSENT; STUDY AND REPORT
22 ON STATE MANDATORY REPORTING LAWS.
23 ‘‘(a) IN GENERAL.—The Secretary shall conduct a
24 study that examines challenges to, and best practices for,
25 the scalability of treatments that reduce the trauma result-
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1 ing from child abuse and neglect and reduce the risk of re-
2 victimization, such as those allowable under sections 105
3 and 106.
4 ‘‘(b) CONTENT OF STUDY.—The study described in
5 subsection (a) shall be completed in a manner that considers
6 the variability among treatment programs and among pop-
7 ulations vulnerable to child abuse and neglect. The study
8 shall include, at minimum:
9 ‘‘(1) A detailed synthesis of the existing research
10 literature examining barriers and challenges to, and
11 best practices for the scalability of child welfare pro-
12 grams and services as well as programs and services
13 for vulnerable children and families in related fields,
14 including healthcare and education.
15 ‘‘(2) Data describing state and local providers’
16 experiences with scaling treatments that reduce the
17 trauma resulting from child abuse and neglect and re-
18 duce the risk of revictimization.
19 ‘‘(3) Consultation with experts in child welfare,
20 healthcare, and education.
21 ‘‘(c) REPORT.—Not later than 3 years after the date
22 of the enactment of the Human Services and Community
23 Supports Act, the Secretary shall submit to the Committee
24 on Health, Education, Labor, and Pensions of the Senate
25 and the Committee on Education and Labor of the House
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1 of Representatives a report that contains the results of the
2 study conducted under subsection (a), including rec-
3 ommendations for best practices for scaling treatments that
4 reduce the trauma resulting from child abuse and neglect
5 and reduce the risk of revictimization.
6 ‘‘(d) STUDY AND REPORT ON MARITAL AGE OF CON-
7 SENT.—
8 ‘‘(1) STUDY.—The Secretary shall study, with
9 respect to each State—
10 ‘‘(A) the State law regarding the minimum
11 marriage age; and
12 ‘‘(B) the prevalence of marriage involving a
13 child who is under the age of such minimum
14 marriage age.
15 ‘‘(2) FACTORS.—The study required under para-
16 graph (1) shall include an examination of—
17 ‘‘(A) the extent to which any statutory ex-
18 ceptions to the minimum marriage age in such
19 laws contribute to the prevalence of marriage in-
20 volving a child described in paragraph (1)(B);
21 ‘‘(B) whether such exceptions allow such a
22 child to be married without the consent of such
23 child; and
24 ‘‘(C) the impact of such exceptions on the
25 safety of such children.
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1 ‘‘(3) REPORT.—Not later than 1 year after the
2 date of enactment of the Human Services and Com-
3 munity Supports Act, the Secretary shall submit to
4 the Committee on Health, Education, Labor, and
5 Pensions of the Senate and the Committee on Edu-
6 cation and Labor of the House of Representatives a
7 report containing the findings of the study required
8 by this subsection, including any best practices.
9 ‘‘(e) STUDY AND REPORT ON STATE MANDATORY RE-
10 PORTING LAWS.—
11 ‘‘(1) STUDY.—The Secretary shall collect infor-
12 mation on and otherwise study State laws for manda-
13 tory reporting of incidents of child abuse or neglect.
14 Such study shall examine trends in referrals and in-
15 vestigations of child abuse and neglect due to dif-
16 ferences in such State laws with respect to the inclu-
17 sion, as mandatory reporters, of the following individ-
18 uals:
19 ‘‘(A) Individuals licensed or certified to
20 practice in any health-related field licensed by
21 the State, employees of health care facilities or
22 providers licensed by the State, who are engaged
23 in the admission, examination, care or treatment
24 of individuals, including mental health and
25 emergency medical service providers.
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1 ‘‘(B) Individuals employed by a school who
2 have direct contact with children, including
3 teachers, administrators, and independent con-
4 tractors.
5 ‘‘(C) Peace officers and law enforcement
6 personnel.
7 ‘‘(D) Clergy, including Christian Science
8 practitioners, except where prohibited on account
9 of clergy-penitent privilege.
10 ‘‘(E) Day care and child care operators and
11 employees.
12 ‘‘(F) Employees of social services agencies
13 who have direct contact with children in the
14 course of employment.
15 ‘‘(G) Foster parents.
16 ‘‘(H) Court appointed special advocates
17 (employees and volunteers).
18 ‘‘(I) Camp and after-school employees.
19 ‘‘(J) An individual, paid or unpaid, who,
20 on the basis of the individual’s role as an inte-
21 gral part of a regularly scheduled program, ac-
22 tivity, or service, accepts responsibility for a
23 child.
24 ‘‘(2) REPORT.—Not later than 4 years after the
25 date of enactment of the Human Services and Com-
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1 munity Supports Act, the Secretary shall submit to
2 the Committee on Health, Education, Labor, and
3 Pensions of the Senate and the Committee on Edu-
4 cation and Labor of the House of Representatives a
5 report containing the findings of the study required
6 by this subsection, including any best practices re-
7 lated to the inclusion, as mandatory reporters, of in-
8 dividuals described in paragraph (1).’’.
9 (b) REPORT ON CHILD ABUSE AND NEGLECT IN IN-
10 DIAN TRIBAL COMMUNITIES.—
11 (1) IN GENERAL.—Not later than 2 years after
12 the date of the enactment of this Act, the Comptroller
13 General, in consultation with the Indian tribes from
14 each of the 12 regions of the Bureau of Indian Affairs,
15 shall study child abuse and neglect in Indian Tribal
16 communities for the purpose of identifying vital in-
17 formation and making recommendations concerning
18 issues relating to child abuse and neglect in such com-
19 munities, and submit to the Committee on Health,
20 Education, Labor, and Pensions and the Committee
21 on Indian Affairs of the Senate and the Committee on
22 Education and Labor and the Committee on Natural
23 Resources of the House of Representatives a report on
24 such study, which shall include—
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1 (A) the number of Indian tribes providing
2 primary child abuse and neglect prevention ac-
3 tivities;
4 (B) the number of Indian tribes providing
5 secondary child abuse and neglect prevention ac-
6 tivities;
7 (C) promising practices of Indian tribes
8 with respect to child abuse and neglect preven-
9 tion that are culturally-based or culturally-
10 adapted;
11 (D) information and recommendations on
12 how such culturally-based or culturally-adapted
13 child abuse and neglect prevention activities
14 could become evidence-based;
15 (E) the number of Indian tribes that have
16 accessed Federal child abuse and neglect preven-
17 tion programs;
18 (F) child abuse and neglect prevention ac-
19 tivities that Indian tribes provide using State
20 funds;
21 (G) child abuse and neglect prevention ac-
22 tivities that Indian tribes provide using Tribal
23 funds;
24 (H) Tribal access to State children’s trust
25 fund resources, as described in section 202 of the
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1 Child Abuse Prevention and Treatment Act (42
2 U.S.C. 5116a);
3 (I) how a children’s trust fund model could
4 be used to support prevention efforts regarding
5 child abuse and neglect of American Indian and
6 Alaska Native children;
7 (J) Federal agency technical assistance ef-
8 forts to address child abuse and neglect preven-
9 tion and treatment of American Indian and
10 Alaska Native children;
11 (K) Federal agency cross-system collabora-
12 tion to address child abuse and neglect preven-
13 tion and treatment of American Indian and
14 Alaska Native children;
15 (L) Tribal access to child abuse and neglect
16 prevention research and demonstration grants
17 under the Child Abuse Prevention and Treat-
18 ment Act (42 U.S.C. 5101 et seq.); and
19 (M) an examination of child abuse and ne-
20 glect data systems to identify what Tribal data
21 is being submitted, barriers to submitting data,
22 and recommendations on improving the collec-
23 tion of data from Indian Tribes.
24 (2) DEFINITIONS.—In this subsection—
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1 (A) the term ‘‘Alaska Native’’ has the mean-
2 ing given the term in section 111 of the Child
3 Abuse Prevention and Treatment Act (42 U.S.C.
4 5106g); and
5 (B) the terms ‘‘child abuse and neglect’’ and
6 ‘‘Indian tribe’’ have the meaning given the terms
7 in section 3 of the Child Abuse Prevention and
8 Treatment Act (42 U.S.C. 5101 note).
9 SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
10 Section 112(a) of the Child Abuse Prevention and
11 Treatment Act (42 U.S.C. 5106h(a)) is amended—
12 (1) in paragraph (1)—
13 (A) by striking ‘‘to carry out’’ through ‘‘fis-
14 cal year 2010’’ and inserting ‘‘to carry out this
15 title $270,000,000 for fiscal year 2021’’; and
16 (B) by striking ‘‘2011 through 2015’’ and
17 inserting ‘‘2022 through 2026’’; and
18 (2) by striking paragraph (2)(A) and inserting
19 the following:
20 ‘‘(A) IN GENERAL.—Of the amounts appro-
21 priated for a fiscal year under paragraph (1),
22 the Secretary shall make available 30 percent of
23 such amounts, or $100,000,000, whichever is less,
24 to fund discretionary activities under this title.’’.
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1 SEC. 110. MONITORING AND OVERSIGHT.
2 Section 114(1) of the Child Abuse Prevention and
3 Treatment Act (42 U.S.C. 5108(1)) is amended—
4 (1) in each of subparagraphs (A) and (B), by
5 striking ‘‘and’’ at the end; and
6 (2) by adding at the end the following:
7 ‘‘(C) include written guidance and technical
8 assistance to support States, which shall include
9 guidance on the requirements of this Act with re-
10 spect to infants born with and identified as
11 being affected by substance use or withdrawal
12 symptoms, Neonatal Abstinence Syndrome, or
13 Fetal Alcohol Spectrum Disorder, as described in
14 clauses (i) and (ii) of section 106(b)(2)(D), in-
15 cluding by—
16 ‘‘(i) enhancing States’ understanding
17 of requirements and flexibilities under the
18 law, including by clarifying key terms;
19 ‘‘(ii) addressing State-identified chal-
20 lenges with developing, implementing, and
21 monitoring plans of safe care; and
22 ‘‘(iii) disseminating best practices on
23 implementation of plans of safe care, on
24 such topics as differential response, collabo-
25 ration and coordination, and identification
26 and delivery of services for different popu-
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1 lations, while recognizing needs of different
2 populations and varying community ap-
3 proaches across States; and
4 ‘‘(D) include the submission of a report to
5 the Committee on Education and Labor of the
6 House of Representatives and the Committee on
7 Health, Education, Labor, and Pensions of the
8 Senate not later than 1 year after the date of the
9 enactment of this Act that contains a description
10 of the activities taken by the Secretary to comply
11 with the requirements of subparagraph (C);
12 and’’.
13 SEC. 111. ELECTRONIC INTERSTATE DATA EXCHANGE SYS-
14 TEM.
15 Title I of the Child Abuse Prevention and Treatment
16 Act (42 U.S.C. 5101 et seq.) is amended by adding at the
17 end the following:
18 ‘‘SEC. 115. ELECTRONIC INTERSTATE DATA EXCHANGE SYS-
19 TEM.
20 ‘‘(a) INTERSTATE DATA EXCHANGE SYSTEM.—
21 ‘‘(1) IN GENERAL.—The Secretary of Health and
22 Human Services shall consider the recommendations
23 included in the reports required under paragraph
24 (8)(A) and subsection (b)(2) in developing an elec-
25 tronic interstate data exchange system that allows
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1 State entities responsible under State law for main-
2 taining child abuse and neglect registries to commu-
3 nicate information across State lines.
4 ‘‘(2) STANDARDS.—In developing the electronic
5 interstate data exchange system under paragraph (1),
6 the Secretary shall—
7 ‘‘(A) use interoperable standards developed
8 and maintained by intergovernmental partner-
9 ships, such as the National Information Ex-
10 change Model;
11 ‘‘(B) develop policies and governance stand-
12 ards that—
13 ‘‘(i) ensure consistency in types of in-
14 formation shared and not shared; and
15 ‘‘(ii) specify circumstances under
16 which data should be shared through the
17 interstate data exchange system; and
18 ‘‘(C) ensure that all standards and policies
19 adhere to the privacy, security, and civil rights
20 laws of each State and Federal law.
21 ‘‘(3) LIMITATION ON USE OF ELECTRONIC INTER-
22 STATE DATA EXCHANGE SYSTEM.—The electronic
23 interstate data exchange system may only be used for
24 purposes relating to child safety.
25 ‘‘(4) PILOT PROGRAM.—
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1 ‘‘(A) IMPLEMENTATION.—Not later than 6
2 months after the date of the enactment of this
3 section, the Secretary of Health and Human
4 Services shall begin implementation of a pilot
5 program to generate recommendations for the
6 full integration of the electronic interstate data
7 exchange system. Such pilot program shall in-
8 clude not less than 10 States and not more than
9 15 States.
10 ‘‘(B) COMPLETION.—Not later than 30
11 months after the date of the enactment of this
12 section, the Secretary of Health and Human
13 Services shall complete the pilot program de-
14 scribed in subparagraph (A).
15 ‘‘(5) INTEGRATION.—The Secretary of Health
16 and Human Services may assist States in the inte-
17 gration of this system into the infrastructure of each
18 State using funds appropriated under this subsection.
19 ‘‘(6) PARTICIPATION.—As a condition on eligi-
20 bility for receipt of funds under section 106, each
21 State shall—
22 ‘‘(A) participate in the electronic interstate
23 data exchange system to the fullest extent possible
24 in accordance with State law (as determined by
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1 the Secretary of Health and Human Services)
2 not later than December 31, 2027; and
3 ‘‘(B) prior to the participation described in
4 subparagraph (A), provide to the Secretary of
5 Health and Human Services an assurance that
6 the child abuse and neglect registry of such State
7 provides procedural due process protections with
8 respect to including individuals on such registry.
9 ‘‘(7) PROHIBITION.—The Secretary of Health
10 and Human Services may not access or store data
11 from the electronic interstate data exchange system,
12 unless the State to which such data pertains volun-
13 tarily shares such data with the Secretary of Health
14 and Human Services.
15 ‘‘(8) REPORTS.—The Secretary of Health and
16 Human Services shall prepare and submit to Con-
17 gress—
18 ‘‘(A) not later than 3 years after the date
19 of the enactment of this section, a report on the
20 recommendations from the pilot program de-
21 scribed in paragraph (4); and
22 ‘‘(B) not later than January 31, 2025, a re-
23 port on the progress made in implementing this
24 subsection.
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1 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—Of
2 the funds appropriated under section 112 for a fiscal
3 year—
4 ‘‘(A) for each of fiscal years 2021 and 2022,
5 $2,000,000 shall be reserved to carry out this sec-
6 tion; and
7 ‘‘(B) for each of fiscal years 2023 through
8 2026, $1,000,000 shall be reserved to carry out
9 this section.
10 ‘‘(b) WORKING GROUP.—
11 ‘‘(1) IN GENERAL.— Not later than 60 days after
12 the date of the enactment of this section, the Secretary
13 of Health and Human Services shall convene a work-
14 ing group to study and make recommendations on the
15 following:
16 ‘‘(A) The feasibility of making publicly
17 available on the website of each State definitions
18 and standards of substantiated child abuse and
19 neglect for the State.
20 ‘‘(B) Whether background check require-
21 ments under this Act, the Child Care and Devel-
22 opment Block Grant Act of 1990 (42 U.S.C.
23 9858 et seq.), and part E of title IV of the Social
24 Security Act (42 U.S.C. 670 et seq.) are com-
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1 plementary or if there are discrepancies that
2 need to be addressed.
3 ‘‘(C) How to improve communication be-
4 tween and across States, including through the
5 use of technology and the use of the electronic
6 interstate data exchange system established
7 under subsection (a), to allow for more accurate
8 and efficient exchange of child abuse and neglect
9 records.
10 ‘‘(D) How to reduce barriers and establish
11 best practices for the State to provide timely re-
12 sponses to requests from other States for infor-
13 mation contained in the State’s child abuse and
14 neglect registry through the electronic interstate
15 data exchange system established under sub-
16 section (a).
17 ‘‘(E) How to ensure due process for any in-
18 dividual included in a State’s child abuse and
19 neglect registry, including the following:
20 ‘‘(i) The level of evidence necessary for
21 inclusion in the State’s child abuse and ne-
22 glect registry.
23 ‘‘(ii) The process for notifying such in-
24 dividual of inclusion in the State’s child
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1 abuse and neglect registry and the implica-
2 tions of such inclusion.
3 ‘‘(iii) The process for providing such
4 individual the opportunity to challenge such
5 inclusion, and the procedures for resolving
6 such challenge.
7 ‘‘(iv) The length of time an individ-
8 ual’s record is to remain in the State’s child
9 abuse and neglect registry, and the process
10 for removing such individual’s record.
11 ‘‘(v) The criteria for when such indi-
12 vidual’s child abuse and neglect registry
13 record may be—
14 ‘‘(I) made accessible to the general
15 public;
16 ‘‘(II) made available for purposes
17 of an employment check; and
18 ‘‘(III) be shared for the purposes
19 of participation in the electronic inter-
20 state data exchange system described in
21 subsection (a).
22 ‘‘(2) REPORT.—Not later than 18 months after
23 the date of the enactment of this section, the working
24 group convened under paragraph (1) shall submit a
25 report containing its recommendations to the Sec-
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1 retary of Health and Human Services, the Committee
2 on Health, Education, Labor, and Pensions of the
3 Senate, and the Committee on Education and Labor
4 of the House of Representatives.
5 ‘‘(3) CONSTRUCTION.—There shall be no require-
6 ment for any State to adopt the recommendations of
7 the working group, nor shall the Secretary of Health
8 and Human Services incentivize or coerce any State
9 to adopt any such recommendation.’’.
10 SEC. 112. TECHNICAL AND CONFORMING AMENDMENTS.
11 (a) TECHNICAL AMENDMENTS.— The Child Abuse Pre-
12 vention and Treatment Act (42 U.S.C. 5101 et seq.), as
13 amended by the preceding provisions of this title, is further
14 amended—
15 (1) by striking ‘‘Committee on Education and
16 the Workforce’’ each place it appears and inserting
17 ‘‘Committee on Education and Labor’’;
18 (2) in section 103(c)(1)(F), by striking ‘‘abused
19 and neglected children’’ and inserting ‘‘victims of
20 child abuse or neglect’’; and
21 (3) in section 107(f), by striking ‘‘(42 U.S.C.
22 10603a)’’ and inserting ‘‘(34 U.S.C. 20104)’’.
23 (b) CONFORMING AMENDMENTS.—
24 (1) SECTION 103.—Section 103(b)(5) (42 U.S.C.
25 5104(b)(5)) is amended by striking ‘‘section
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1 106(b)(2)(B)(iii)’’ and inserting ‘‘section
2 106(b)(2)(D)(ii)’’.
3 (2) SECTION 105.—Section 105(a)(11) (42 U.S.C.
4 5106(a)(11) (as redesignated by section 105(1)(A) of
5 this title) is amended—
6 (A) in subparagraph (A), by striking ‘‘sec-
7 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘section
8 106(b)(2)(D)(ii)’’;
9 (B) in subparagraph (C)—
10 (i) in clause (i)(II), by striking ‘‘sec-
11 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘sec-
12 tion 106(b)(2)(D)(ii)’’;
13 (ii) in clause (i)(IV), by striking ‘‘sec-
14 tion 106(b)(2)(B)(iii)(II)’’ and inserting
15 ‘‘section 106(b)(2)(D)(ii)(II)’’; and
16 (iii) in clause (ii), by striking ‘‘clauses
17 (ii) and (iii) of section 106(b)(2)(B)’’ and
18 inserting ‘‘clauses (i) and (ii) of section
19 106(b)(2)(D)’’;
20 (C) in subparagraph (D)—
21 (i) in clause (i)(I), by striking ‘‘section
22 106(b)(2)(B)(iii)(I)’’ and inserting ‘‘section
23 106(b)(2)(D)(ii)(I)’’;
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1 (ii) in clause (ii)(I), by striking ‘‘sec-
2 tion 106(b)(2)(B)(ii)’’ and inserting ‘‘sec-
3 tion 106(b)(2)(D)(i)’’;
4 (iii) in clause (ii)(II), by striking ‘‘sec-
5 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘sec-
6 tion 106(b)(2)(D)(ii)(I)’’;
7 (iv) in clause (iii)(I), by striking ‘‘sec-
8 tion 106(b)(2)(B)(i)’’ and inserting ‘‘section
9 106(b)(2)(A)(i)’’;
10 (v) in clause (iii)(IV), by striking ‘‘sec-
11 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘sec-
12 tion 106(b)(2)(D)(ii)’’; and
13 (vi) in clause (v), by striking ‘‘section
14 106(b)(2)(B)(iii)’’ and inserting ‘‘section
15 106(b)(2)(D)(ii)’’;
16 (D) in subparagraph (E), by striking ‘‘sec-
17 tion 106(b)(2)(B)(ii)’’ and inserting ‘‘section
18 106(b)(2)(D)(i)’’; and
19 (E) in subparagraph (G)(ii), by striking
20 ‘‘clauses (ii) and (iii) of section 106(b)(2)(B)’’
21 and inserting ‘‘clauses (i) and (ii) of section
22 106(b)(2)(D)’’.
23 (3) SECTION 114.—Section 114(1)(B) (42 U.S.C.
24 5108(1)(B)) is amended by striking ‘‘clauses (ii) and
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1 (iii) of section 106(b)(2)(B)’’ and inserting ‘‘clauses
2 (i) and (ii) of section 106(b)(2)(D)’’.
3 (4) TABLE OF CONTENTS.—The table of contents
4 in section 1(b) of the Child Abuse Prevention and
5 Treatment Act is amended—
6 (A) by striking the items relating to sections
7 2 and 102;
8 (B) by inserting after the item relating to
9 section 114 the following:
‘‘Sec. 115. Electronic interstate data exchange system.’’; and
10 (C) by striking the item relating to section
11 110, and inserting the following:
‘‘Sec. 110. Study and report relating to scaling evidence-based treatment of child
abuse and neglect; study and report on marital age of consent;
study and report on State mandatory reporting laws.’’.
12 Subtitle B—Community-based
13 Grants for the Prevention of
14 Child Abuse and Neglect
15 SEC. 121. PURPOSE AND AUTHORITY.
16 Section 201 of the Child Abuse Prevention and Treat-
17 ment Act (42 U.S.C. 5116) is amended to read as follows:
18 ‘‘SEC. 201. PURPOSE AND AUTHORITY.
19 ‘‘(a) PURPOSE.—It is the purpose of this title—
20 ‘‘(1) to support community-based efforts to de-
21 velop, operate, expand, enhance, evaluate, and coordi-
22 nate initiatives, programs, and activities to strength-
23 en families and prevent child abuse and neglect;
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1 ‘‘(2) to support the development of a State strat-
2 egy to address unmet need and the coordination of
3 State, regional, and local resources and activities to
4 better strengthen and support families to reduce the
5 likelihood of child abuse and neglect; and
6 ‘‘(3) to support local programs in increasing the
7 ability of diverse populations with demonstrated need,
8 including low-income families, racial and ethnic mi-
9 norities, families with children or caregivers with dis-
10 abilities, underserved communities, and rural commu-
11 nities, to access a continuum of preventive services
12 that strengthen families in order to more effectively
13 prevent child abuse and neglect.
14 ‘‘(b) AUTHORITY.—The Secretary shall make grants
15 under this title on a formula basis to the entity designated
16 by the State as the lead entity (referred to in this title as
17 the ‘lead entity’) under section 202(1) for the following pur-
18 poses—
19 ‘‘(1) supporting local programs in providing
20 community-based family strengthening services de-
21 signed to prevent child abuse and neglect that help
22 families build protective factors linked to the preven-
23 tion of child abuse and neglect, such as knowledge of
24 parenting and child development, parental resilience,
25 social connections, time-limited and need-based con-
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1 crete support, and social and emotional development
2 of children, that—
3 ‘‘(A) are effective, culturally appropriate,
4 and accessible to diverse populations with dem-
5 onstrated need;
6 ‘‘(B) build upon existing strengths;
7 ‘‘(C) offer assistance to families;
8 ‘‘(D) provide early, comprehensive support
9 for parents;
10 ‘‘(E) promote the development of healthy fa-
11 milial relationships and parenting skills, espe-
12 cially in young parents and parents with very
13 young children;
14 ‘‘(F) increase family stability;
15 ‘‘(G) improve family access to other formal
16 and informal community-based resources, such
17 as providing referrals to early health and devel-
18 opmental services, mental health services, and
19 time-limited and need-based concrete supports,
20 including for homeless families and those at-risk
21 of homelessness;
22 ‘‘(H) support the additional needs of fami-
23 lies with children or caregivers with disabilities
24 through respite care and other services; and
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1 ‘‘(I) demonstrate a commitment to the con-
2 tinued leadership of parents in the planning,
3 program implementation, and evaluation of the
4 lead entity and local programs funded under this
5 title, including involvement of parents of chil-
6 dren with disabilities, parents who are individ-
7 uals with disabilities, racial and ethnic minori-
8 ties, and members of other underrepresented or
9 underserved groups;
10 ‘‘(2) promoting the development of a continuum
11 of preventive services that strengthen families and
12 promote child, parent, family, and community well-
13 being, through the development of State and local net-
14 works, including collaboration and coordination be-
15 tween local programs and public agencies and private
16 entities that utilize culturally responsive providers;
17 ‘‘(3) financing the start-up, maintenance, expan-
18 sion, or redesign of core services described in section
19 205(b)(3) where communities have identified and de-
20 cided to address unmet need identified in the inven-
21 tory described in section 204(3), to the extent prac-
22 ticable given funding levels and community priorities;
23 ‘‘(4) maximizing funding through leveraging
24 Federal, State, local, and private funds to carry out
25 the purposes of the title;
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1 ‘‘(5) financing public information activities,
2 which may include activities to increase public
3 awareness and education, and developing comprehen-
4 sive outreach strategies to engage diverse populations
5 with demonstrated need, that focus on the healthy and
6 positive development of parents and children; and
7 ‘‘(6) to the extent practicable—
8 ‘‘(A) promoting the development, enhance-
9 ment, expansion, and implementation of a state-
10 wide strategy to address the unmet need identi-
11 fied in the inventory described in section 204(3),
12 with input from relevant stakeholders, to scale
13 evidence-based and evidence-informed commu-
14 nity-based family strengthening services designed
15 to prevent child abuse and neglect; and
16 ‘‘(B) addressing and supporting the capac-
17 ity of local programs to strengthen families and
18 prevent child abuse and neglect through technical
19 assistance, professional development, and collabo-
20 ration between local programs.’’.
21 SEC. 122. ELIGIBILITY.
22 Section 202 of the Child Abuse Prevention and Treat-
23 ment Act (42 U.S.C. 5116a) is amended—
24 (1) in paragraph (1)—
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1 (A) in subparagraph (A), by inserting ‘‘,
2 taking into consideration the capacity and ex-
3 pertise of eligible entities,’’ after ‘‘State’’;
4 (B) in subparagraph (B), by striking ‘‘par-
5 ents who are’’ and all that follows and inserting
6 ‘‘parents who are or who have been consumers of
7 preventive supports and who can provide leader-
8 ship in the planning, implementation, and eval-
9 uation of programs and policy decisions of the
10 lead entity in accomplishing the desired out-
11 comes of such efforts; and’’;
12 (C) in subparagraph (C)—
13 (i) by inserting ‘‘local,’’ after ‘‘State,’’;
14 and
15 (ii) by striking ‘‘and’’ at the end; and
16 (D) by striking subparagraph (D);
17 (2) in paragraph (2)—
18 (A) in subparagraph (A), by striking ‘‘com-
19 posed of’’ and all that follows through the semi-
20 colon at the end and inserting ‘‘carried out by
21 local, collaborative, public-private partner-
22 ships;’’; and
23 (B) in subparagraph (C)—
24 (i) by inserting ‘‘local,’’ after ‘‘State,’’;
25 and
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1 (ii) by striking ‘‘and’’ at the end;
2 (3) in paragraph (3)—
3 (A) by striking subparagraph (A) and in-
4 serting the following:
5 ‘‘(A) has demonstrated commitment to the
6 continued leadership of parents in the develop-
7 ment, operation, evaluation, and oversight of
8 State and local efforts to support community-
9 based family strengthening services designed to
10 prevent child abuse and neglect;’’;
11 (B) in subparagraph (B), by striking ‘‘com-
12 munity-based and prevention-focused programs
13 and activities designed to strengthen and support
14 families’’ and inserting ‘‘community-based fam-
15 ily strengthening services designed’’;
16 (C) in subparagraph (C)—
17 (i) by striking ‘‘community-based and
18 prevention-focused programs and activities
19 designed to strengthen and support families
20 to prevent child abuse and neglect’’ and in-
21 serting ‘‘local programs’’; and
22 (ii) by striking ‘‘and’’ at the end; and
23 (D) by striking subparagraph (D) and in-
24 serting the following:
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1 ‘‘(D) will integrate efforts with individuals
2 and organizations experienced in working in
3 partnership with families with children with dis-
4 abilities or parents with disabilities, diverse pop-
5 ulations with demonstrated need, sexual and
6 gender minority youth, victims of domestic vio-
7 lence, and with the child abuse and neglect pre-
8 vention activities in the State, and demonstrate
9 a financial commitment to those activities; and
10 ‘‘(E) will take into consideration access for
11 diverse populations and unmet need when dis-
12 tributing funds to local programs under section
13 205; and’’; and
14 (4) by adding at the end the following:
15 ‘‘(4) the Governor of the State provides an assur-
16 ance that, in issuing regulations in consultation with
17 the lead entity to improve the delivery of community-
18 based family strengthening services designed to pro-
19 mote child, family, and community well-being, and to
20 prevent child abuse and neglect, the State will—
21 ‘‘(A) take into account how such regulations
22 will impact activities funded under this Act; and
23 ‘‘(B) where appropriate, attempt to avoid
24 duplication of efforts, minimize costs of compli-
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1 ance with such regulations, and maximize local
2 flexibility with respect to such regulations.’’.
3 SEC. 123. AMOUNT OF GRANT.
4 Section 203 of the Child Abuse Prevention and Treat-
5 ment Act (42 U.S.C. 5116b) is amended—
6 (1) by adding at the end of subsection (a) the fol-
7 lowing: ‘‘For any fiscal year for which the amount
8 appropriated under section 210(a) exceeds the amount
9 appropriated under such section for fiscal year 2019
10 by more than $2,000,000, the Secretary shall increase
11 the reservation described in this subsection to 5 per-
12 cent of the amount appropriated under section 210(a)
13 for the fiscal year for the purpose described in the
14 preceding sentence.’’;
15 (2) in subsection (b)(1)(A), by striking
16 ‘‘$175,000’’ and inserting ‘‘$200,000’’; and
17 (3) by adding at the end the following:
18 ‘‘(d) LIMITATION.—For any fiscal year for which the
19 amount allotted to a State under subsection (b) exceeds the
20 amount allotted to the State under such subsection for fiscal
21 year 2019, the State’s lead entity may use not more than
22 10 percent of such excess amount for administrative ex-
23 penses.’’.
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1 SEC. 124. APPLICATION.
2 Section 204 of the Child Abuse Prevention and Treat-
3 ment Act (42 U.S.C. 5116d) is amended to read as follows:
4 ‘‘SEC. 204. APPLICATION.
5 ‘‘A grant may not be made to a State under this title
6 unless an application therefore is submitted by the lead en-
7 tity to the Secretary and such application contains the
8 types of information specified by the Secretary as essential
9 to carrying out the provisions of section 202, including—
10 ‘‘(1) a description of the lead entity that will be
11 responsible for the administration of funds provided
12 under this title and the oversight of community-based
13 family strengthening services designed to prevent
14 child abuse and neglect that receive assistance from
15 the lead entity in accordance with section 205;
16 ‘‘(2) a description of how community-based fam-
17 ily strengthening services designed to prevent child
18 abuse and neglect supported by the lead entity will
19 operate, including how local programs that receive as-
20 sistance from the lead entity and public agencies and
21 private entities that promote child, parent, family,
22 and community well-being will be integrated into a
23 developing continuum of family centered, holistic,
24 preventive services for children and families;
25 ‘‘(3) a description of the inventory of current
26 unmet need and current community-based family
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1 strengthening services designed to prevent child abuse
2 and neglect, and other family resource services oper-
3 ating in the State, including a description of how the
4 lead entity plans to address unmet need in under-
5 served areas;
6 ‘‘(4) a budget for the development, operation,
7 and expansion of the community-based family
8 strengthening services designed to prevent child abuse
9 and neglect that verifies that the State will expend in
10 non-Federal funds an amount equal to not less than
11 20 percent of the amount received under this title (in
12 cash, not in-kind) for activities under this title;
13 ‘‘(5) an assurance that funds received under this
14 title will supplement, not supplant, other State and
15 local public funds designated for the start-up, mainte-
16 nance, expansion, and redesign of community-based
17 family strengthening services designed to prevent
18 child abuse and neglect;
19 ‘‘(6) a description of the lead entity’s capacity
20 and commitment to ensure the continued leadership of
21 parents who are or have been consumers of preventive
22 supports, including parents of diverse populations
23 with demonstrated need, family advocates, and adult
24 former victims of child abuse or neglect, in the plan-
25 ning, implementation, and evaluation of the pro-
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1 grams and policy decisions of the lead entity in ac-
2 complishing the desired outcomes for such efforts;
3 ‘‘(7) a description of the criteria that the lead
4 entity will use to identify communities in which to
5 provide services, and select and fund local programs
6 in accordance with section 205, including how the
7 lead entity will take into consideration the local pro-
8 gram’s ability to—
9 ‘‘(A) collaborate with other community-
10 based organizations and service providers and
11 engage in long-term and strategic planning to
12 support the development of a continuum of pre-
13 ventive services that strengthen families;
14 ‘‘(B) meaningfully partner with parents in
15 the development, implementation, and evaluation
16 of services;
17 ‘‘(C) reduce barriers to access to commu-
18 nity-based family strengthening services designed
19 to prevent child abuse and neglect, including for
20 diverse populations with demonstrated need; and
21 ‘‘(D) incorporate evidence-based or evidence-
22 informed practices, to the extent practicable;
23 ‘‘(8) a description of outreach activities that the
24 lead entity and local programs will undertake to
25 maximize the participation of low-income families,
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1 racial and ethnic minorities, children and adults
2 with disabilities, sexual and gender minority youth,
3 victims of domestic violence, homeless families and
4 those at risk of homelessness, families experiencing
5 complex needs, and members of other underserved or
6 underrepresented groups;
7 ‘‘(9) a plan for providing operational support,
8 training, and technical assistance to local programs,
9 which may include coordination with public agencies
10 and private entities that promote child, parent, and
11 family well-being to support increased access to a
12 continuum of preventive services that strengthen and
13 support families to prevent child abuse and neglect;
14 ‘‘(10) a description of how the performance of the
15 lead entity and local programs will be measured in
16 accordance with section 206;
17 ‘‘(11) a description of the actions that the lead
18 entity will take to inform systemic changes in State
19 policies, practices, procedures, and regulations to im-
20 prove the delivery of community-based family
21 strengthening services designed to prevent child abuse
22 and neglect, including improved access for diverse
23 populations with demonstrated need; and
24 ‘‘(12) an assurance that the lead entity will pro-
25 vide the Secretary with reports at such time and con-
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1 taining such information as the Secretary may re-
2 quire.’’.
3 SEC. 125. LOCAL PROGRAM REQUIREMENTS.
4 Section 205 of the Child Abuse Prevention and Treat-
5 ment Act (42 U.S.C. 5116e) is amended to read as follows:
6 ‘‘SEC. 205. LOCAL PROGRAM REQUIREMENTS.
7 ‘‘(a) IN GENERAL.—Grants or contracts made by the
8 lead entity under this title shall be used to develop, imple-
9 ment, operate, expand, and enhance community-based fam-
10 ily strengthening services through a continuum of preven-
11 tive services to strengthen families and prevent child abuse
12 and neglect in a manner that—
13 ‘‘(1) helps families build protective factors that
14 are linked to the prevention of child abuse and neglect
15 to support child and family well-being, including
16 knowledge of parenting and child development, paren-
17 tal resilience, social connections, time-limited and
18 need-based concrete support, and social and emotional
19 development of children;
20 ‘‘(2) takes into consideration the assets and needs
21 of communities in which they are located; and
22 ‘‘(3) promotes coordination between local pro-
23 grams and public agencies and private entities that
24 promote child, parent, and family well-being.
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1 ‘‘(b) LOCAL USES OF FUNDS.—Grant funds from the
2 lead entity shall be used to develop, implement, operate, ex-
3 pand, and enhance community-based family strengthening
4 services designed to prevent child abuse and neglect, which
5 may include the following:
6 ‘‘(1) assessing community assets and needs
7 through a planning process that—
8 ‘‘(A) involves other community-based orga-
9 nizations or agencies that have already per-
10 formed a needs-assessment, where possible;
11 ‘‘(B) includes the meaningful involvement of
12 parents; and
13 ‘‘(C) uses information and expertise from
14 local public agencies, local nonprofit organiza-
15 tions, and private sector representatives in
16 meaningful roles;
17 ‘‘(2) developing a comprehensive strategy to pro-
18 vide a continuum of preventive, family-centered serv-
19 ices to children and families that strengthen and sup-
20 port families to prevent child abuse and neglect, espe-
21 cially to young parents, to parents with young chil-
22 dren, to families in hard-to-reach areas, and to par-
23 ents who are adult former victims of domestic violence
24 or child abuse or neglect, through public-private part-
25 nerships;
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1 ‘‘(3)(A) providing for core child abuse and ne-
2 glect prevention services, which may be provided di-
3 rectly by the local recipient of the grant funds or
4 through grants or agreements with other local agen-
5 cies, such as—
6 ‘‘(i) parenting support and education
7 programs, including services that help par-
8 ents and other caregivers support children’s
9 development;
10 ‘‘(ii) mutual support and self help pro-
11 grams for parents and children;
12 ‘‘(iii) parent leadership skills develop-
13 ment programs that support parents as
14 leaders in their families and communities;
15 ‘‘(ii) respite care services;
16 ‘‘(iii) outreach and follow-up services,
17 which may include voluntary home visiting
18 services; and
19 ‘‘(iv) community and social service re-
20 ferrals; and
21 ‘‘(B) connecting individuals and families to
22 additional services, including—
23 ‘‘(i) referral to and counseling for
24 adoption services for individuals interested
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1 in adopting a child or relinquishing their
2 child for adoption;
3 ‘‘(ii) child care, early childhood care
4 and education, such as Head Start and
5 Early Head Start under the Head Start
6 Act (42 U.S.C. 9831 et seq.), and early
7 intervention services, including early inter-
8 vention services for infants and toddlers
9 with disabilities eligible for such services as
10 defined in section 632 of the Individuals
11 with Disabilities Education Act (20 U.S.C.
12 1432);
13 ‘‘(iii) referral to services and supports
14 to meet the additional needs of families
15 with children with disabilities and parents
16 who are individuals with disabilities;
17 ‘‘(iv) nutrition programs, which may
18 include the special supplemental nutrition
19 programs for women, infants, and children
20 established by section 17 of the Child Nutri-
21 tion Act of 1966 (42 U.S.C. 1786) and the
22 supplemental nutrition assistance program
23 under the Food and Nutrition Act of 2008
24 (7 U.S.C. 2011 et seq.);
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1 ‘‘(v) referral to educational services
2 and workforce development activities, such
3 as activities described in section 134 of the
4 Workforce Innovation and Opportunity Act
5 (29 U.S.C. 3174), adult education, includ-
6 ing literacy and academic tutoring, and ac-
7 tivities as described in section 203 of the
8 Workforce Innovation and Opportunity Act
9 (29 U.S.C. 3272);
10 ‘‘(vi) self-sufficiency and life manage-
11 ment skills training;
12 ‘‘(vii) community referral services, in-
13 cluding early developmental screening of
14 children and mental health services;
15 ‘‘(viii) peer counseling; and
16 ‘‘(ix) domestic violence service pro-
17 grams that provide services and treatment
18 to children and their non-abusing care-
19 givers;
20 ‘‘(4) developing and maintaining leadership
21 roles for the meaningful involvement of parents in the
22 development, operation, evaluation, and oversight of
23 the programs and services, including to promote ac-
24 cess to such programs and services in spaces familiar
25 to families;
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1 ‘‘(5) providing leadership in mobilizing local
2 public and private resources to support the provision
3 of needed child abuse and neglect prevention program
4 services; and
5 ‘‘(6) coordinating with public agencies and pri-
6 vate entities that promote child, parent, and family
7 well-being, including through the development of State
8 and local networks of programs and activities to de-
9 velop a continuum of preventive services to strengthen
10 families and to prevent child abuse and neglect, where
11 appropriate.
12 ‘‘(b) PRIORITY.—In awarding local grants under this
13 title, a lead entity shall give priority to effective local pro-
14 grams serving low-income communities and those serving
15 young parents or parents with young children, including
16 community-based child abuse and neglect prevention pro-
17 grams.’’.
18 SEC. 126. PERFORMANCE MEASURES.
19 Section 206 of the Child Abuse Prevention and Treat-
20 ment Act (42 U.S.C. 5116f) is amended to read as follows:
21 ‘‘SEC. 206. PERFORMANCE MEASURES.
22 ‘‘A State receiving a grant under this title, through
23 reports provided to the Secretary—
24 ‘‘(1) shall demonstrate the effective development,
25 operation, and expansion of community-based family
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1 strengthening services designed to prevent child abuse
2 and neglect that meets the requirements of this title;
3 ‘‘(2) shall supply an inventory and description
4 of the services provided to families by local programs
5 that meet identified community needs, including core
6 and additional services as described in section 205,
7 which description shall specify whether those services
8 are evidence-based or evidence-informed, and which
9 may include a description of barriers and challenges,
10 if any, to implementing evidence-based or evidence-in-
11 formed services;
12 ‘‘(3) shall demonstrate that the lead entity ad-
13 dressed unmet need identified by the inventory and
14 description of current services required under section
15 204(3) including, to the extent practicable, how the
16 lead entity utilized a statewide strategy to address
17 such unmet need;
18 ‘‘(4) shall describe the number of families served,
19 including families with children with disabilities, and
20 parents with disabilities, and demonstrate the in-
21 volvement of a diverse representation of families in
22 the design, operation, and evaluation of community-
23 based family strengthening services designed to pre-
24 vent child abuse and neglect, and in the design, oper-
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1 ation and evaluation of the networks of such commu-
2 nity-based and prevention-focused programs;
3 ‘‘(5) shall demonstrate a high level of satisfaction
4 among families who have participated in the commu-
5 nity-based family strengthening services designed to
6 prevent child abuse and neglect;
7 ‘‘(6) shall demonstrate the establishment or
8 maintenance of innovative funding mechanisms, at
9 the State or local level, that blend Federal, State,
10 local, and private funds, and innovative, inter-
11 disciplinary service delivery mechanisms, for the de-
12 velopment, operation, expansion, and enhancement of
13 the community-based family strengthening services
14 designed to prevent child abuse and neglect;
15 ‘‘(7) shall describe the results of evaluation, or
16 the outcomes of monitoring, conducted under the State
17 program to demonstrate the effectiveness of activities
18 conducted under this title in meeting the purposes of
19 the program, including the number of local programs
20 funded and the number of such programs that collabo-
21 rate with outside entities; and
22 ‘‘(8) shall demonstrate an implementation plan
23 to ensure the continued leadership of parents in the
24 on-going planning, implementation, and evaluation
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1 of such community-based family strengthening serv-
2 ices designed to prevent child abuse and neglect.’’.
3 SEC. 127. NATIONAL NETWORK FOR COMMUNITY-BASED
4 FAMILY RESOURCE PROGRAMS.
5 Section 207 of the Child Abuse Prevention and Treat-
6 ment Act (42 U.S.C. 5116g) is amended—
7 (1) in the matter preceding paragraph (1), by
8 striking ‘‘such sums as may be necessary’’ and insert-
9 ing ‘‘not more than 5 percent’’; and
10 (2) in paragraph (3), by striking ‘‘community-
11 based and prevention-focused programs and activities
12 designed to strengthen and support families’’ and in-
13 serting ‘‘community-based family strengthening serv-
14 ices designed’’.
15 SEC. 128. DEFINITIONS.
16 Section 208 of the Child Abuse Prevention and Treat-
17 ment Act (42 U.S.C. 5116h) is amended—
18 (1) by redesignating paragraphs (1) and (2) as
19 paragraphs (2) and (1), respectively, and transferring
20 paragraph (1) as redesignated to appear before para-
21 graph (2) as redesignated; and
22 (2) by striking paragraph (1) (as so redesig-
23 nated) and inserting the following:
24 ‘‘(1) COMMUNITY-BASED FAMILY STRENGTH-
25 ENING SERVICES.—The term ‘community-based fam-
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1 ily strengthening services’ includes family resource
2 programs, family support programs, voluntary home
3 visiting programs, respite care services, parenting
4 education, mutual support programs for parents and
5 children, parent partner programs, and other commu-
6 nity programs or networks of such programs that pro-
7 vide activities that are designed to prevent child abuse
8 and neglect.’’.
9 SEC. 129. RULE OF CONSTRUCTION.
10 (a) IN GENERAL.—Title II of the Child Abuse Preven-
11 tion and Treatment Act (42 U.S.C. 5116 et seq.) is amend-
12 ed—
13 (1) by redesignating section 209 as section 210;
14 and
15 (2) by inserting after section 208 the following:
16 ‘‘SEC. 209. RULE OF CONSTRUCTION.
17 ‘‘Nothing in this title shall be construed to prohibit
18 grandparents, kinship care providers, foster parents, or
19 adoptive parents from receiving or participating in services
20 and programs under this title.’’.
21 (b) CONFORMING AMENDMENT.—The table of contents
22 in section 1(b) of the Child Abuse Prevention and Treat-
23 ment Act is amended by striking the item relating to section
24 209 and inserting the following:
‘‘Sec. 209. Rule of construction.
‘‘Sec. 210. Authorization of appropriations.’’.
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1 SEC. 130. AUTHORIZATION OF APPROPRIATIONS.
2 Section 210 of the Child Abuse Prevention and Treat-
3 ment Act, as redesignated by section 129 of this title, is
4 amended—
5 (1) by striking ‘‘There are’’ and inserting the fol-
6 lowing:
7 ‘‘(a) IN GENERAL.—There are’’;
8 (2) by striking ‘‘to carry out’’ through ‘‘fiscal
9 year 2010’’ and inserting ‘‘to carry out this title
10 $270,000,000 for fiscal year 2021’’;
11 (3) by striking ‘‘2011 through 2015’’ and insert-
12 ing ‘‘2022 through 2026’’; and
13 (4) by adding at the end the following:
14 ‘‘(b) TREATMENT OF NON-FEDERAL FUNDS IN CER-
15 TAIN FISCAL YEARS.—For any fiscal year for which the
16 amount appropriated under subsection (a) exceeds the
17 amount appropriated under such subsection for fiscal year
18 2019, the Secretary shall consider non-Federal funds and
19 in-kind contributions as part of the State contribution for
20 the activities specified in section 204(4).’’.
21 SEC. 131. STUDY AND REPORT.
22 (a) STUDY RELATING TO NEW PREVENTION PRO-
23 GRAMS.—
24 (1) IN GENERAL.—The Comptroller General of
25 the United States shall complete a study, using data
26 reported by States to the Secretary of Health and
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1 Human Services under section 206 of the Child Abuse
2 Prevention and Treatment Act (42 U.S.C. 5116f), as
3 amended by this title—
4 (A) to determine how many families and
5 children in the first 3 years after the date of the
6 enactment of this Act are served annually
7 through programs funded under title II of the
8 Child Abuse Prevention and Treatment Act (42
9 U.S.C. 5116 et seq.); and
10 (B) to compare the number of such families
11 and children served annually in the first 3 years
12 after the date of the enactment of this Act to the
13 number of such families and children served in
14 fiscal year 2020.
15 (2) CONTENTS.—The study required under para-
16 graph (1) shall include the following for each of the
17 first 3 years after the date of the enactment of this
18 Act:
19 (A) An examination of how many families
20 received evidence-based programming under title
21 II of the Child Abuse Prevention and Treatment
22 Act (42 U.S.C. 5116 et seq.).
23 (B) An examination of the extent to which
24 local programs conduct evaluations using funds
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1 provided under such title and the findings of
2 such evaluations.
3 (C) An examination of whether findings of
4 effectiveness in evaluation studies vary by urban,
5 suburban, or rural community type.
6 (D) An examination of whether programs
7 partnering with other entities are more effective
8 than those that do not partner with other enti-
9 ties.
10 (E) An examination of barriers to imple-
11 ment evidence-based programming or to conduct
12 evaluations in instances where such activities do
13 not occur.
14 (b) REPORT.—Not later than 4 years after the date
15 of the enactment of this Act, the Comptroller General of the
16 United States shall submit to the Committee on Health,
17 Education, Labor, and Pensions of the Senate and the Com-
18 mittee on Education and Labor of the House of Representa-
19 tives a report that contains the results of the study con-
20 ducted under paragraph (1).
21 Subtitle C—Adoption Opportunities
22 SEC. 141. PURPOSE.
23 Section 201 of the Child Abuse Prevention and Treat-
24 ment and Adoption Reform Act of 1978 (42 U.S.C. 5111)
25 is amended—
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1 (1) in the section heading, by striking ‘‘CON-
2 GRESSIONAL FINDINGS AND DECLARATION OF
3 PURPOSE’’ and inserting ‘‘PURPOSE’’;
4 (2) by striking subsection (a); and
5 (3) in subsection (b)—
6 (A) by striking ‘‘(b) PURPOSE.—’’;
7 (B) in the matter preceding paragraph (1),
8 by inserting ‘‘sexual and gender minority youth’’
9 after ‘‘particularly older children, minority chil-
10 dren,’’; and
11 (C) in paragraph (1), by inserting ‘‘services
12 and,’’ after ‘‘post-legal adoption’’.
13 SEC. 142. REPORT AND GUIDANCE ON UNREGULATED CUS-
14 TODY TRANSFERS.
15 The Child Abuse Prevention and Treatment and Adop-
16 tion Reform Act of 1978 (42 U.S.C. 5111 et seq.) is amended
17 by inserting after section 201 the following:
18 ‘‘SEC. 202. REPORT AND GUIDANCE ON UNREGULATED CUS-
19 TODY TRANSFERS.
20 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress
21 that:
22 ‘‘(1) Some adopted children may be at risk of ex-
23 periencing an unregulated custody transfer because
24 the challenges associated with adoptions (including
25 the child’s mental health needs and the difficulties
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1 many families face in acquiring support services)
2 may lead families to seek out unregulated custody
3 transfers.
4 ‘‘(2) Some adopted children experience trauma,
5 and the disruption and placement in another home by
6 unregulated custody transfer creates additional trau-
7 ma and instability for children.
8 ‘‘(3) Children who experience an unregulated
9 custody transfer may be placed with families who
10 have not completed required child welfare or criminal
11 background checks or clearances.
12 ‘‘(4) Social services agencies and courts are often
13 unaware of the placement of children through unregu-
14 lated custody transfer and therefore do not conduct
15 assessments on the child’s safety and well-being in
16 such placements.
17 ‘‘(5) Such lack of placement oversight places a
18 child at risk for future abuse and increases the chance
19 that the child may experience—
20 ‘‘(A) abuse or neglect;
21 ‘‘(B) contact with unsafe adults or youth;
22 and
23 ‘‘(C) exposure to unsafe or isolated environ-
24 ments.
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1 ‘‘(6) The caregivers with whom a child is placed
2 through unregulated custody transfer often have no
3 legal responsibility with respect to such child, placing
4 the child at risk for additional unregulated custody
5 transfers.
6 ‘‘(7) Such caregivers also may not have complete
7 records with respect to such child, including the
8 child’s birth, medical, or immigration records.
9 ‘‘(8) A child adopted through intercountry adop-
10 tion may be at risk of not acquiring United States
11 citizenship if an unregulated custody transfer occurs
12 before the adoptive parents complete all necessary
13 steps to finalize the adoption of such child.
14 ‘‘(9) Engaging in, or offering to engage in, un-
15 regulated custody transfer places children at risk of
16 harm.
17 ‘‘(b) REPORT TO CONGRESS.—
18 ‘‘(1) IN GENERAL.—Not later than 1 year after
19 the date of the enactment of this section, the Secretary
20 of Health and Human Services shall provide to the
21 Committee on Education and Labor of the House of
22 Representatives, the Committee on Ways and Means
23 of the House of Representatives, the Committee on Fi-
24 nance of the Senate, and the Committee on Health,
25 Education, Labor and Pensions of the Senate a report
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1 on unregulated custody transfers of children, includ-
2 ing of adopted children.
3 ‘‘(2) ELEMENTS.—The report required under
4 paragraph (1) shall include—
5 ‘‘(A) the causes, methods, and characteris-
6 tics of unregulated custody transfers, including
7 the use of social media and the internet;
8 ‘‘(B) the effects of unregulated custody
9 transfers on children, including the lack of as-
10 sessment of a child’s safety and well-being by so-
11 cial services agencies and courts due to such un-
12 regulated custody transfer;
13 ‘‘(C) the prevalence of unregulated custody
14 transfers within each State and across all States;
15 and
16 ‘‘(D) recommended policies for preventing,
17 identifying, and responding to unregulated cus-
18 tody transfers, including of adopted children,
19 that include—
20 ‘‘(i) amendments to Federal and State
21 law to address unregulated custody trans-
22 fers;
23 ‘‘(ii) amendments to child protection
24 practices to address unregulated custody
25 transfers; and
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1 ‘‘(iii) methods of providing the public
2 information regarding adoption and child
3 protection.
4 ‘‘(c) GUIDANCE TO STATES.—
5 ‘‘(1) IN GENERAL.—Not later than 180 days
6 after the date specified in subsection (b)(1), the Sec-
7 retary shall issue guidance and technical assistance to
8 States related to preventing, identifying, and respond-
9 ing to unregulated custody transfers, including of
10 adopted children.
11 ‘‘(2) ELEMENTS.—The guidance required under
12 paragraph (1) shall include—
13 ‘‘(A) education materials related to pre-
14 venting, identifying, and responding to unregu-
15 lated custody transfers for employees of State,
16 local, and Tribal agencies that provide child wel-
17 fare services;
18 ‘‘(B) guidance on appropriate pre-adoption
19 education and post-adoption services for domes-
20 tic and international adoptive families to pro-
21 mote child permanency; and
22 ‘‘(C) the assistance available through the
23 National Resource Center for Special Needs
24 Adoption under section 203(b)(9).
25 ‘‘(d) DEFINITIONS.—In this section:
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1 ‘‘(1) STATE.—The term ‘State’ means each of the
2 several States, the District of Columbia, and any
3 commonwealth, territory, or possession of the United
4 States.
5 ‘‘(2) UNREGULATED CUSTODY TRANSFER.—The
6 term ‘unregulated custody transfer’ means the aban-
7 donment of a child, by the child’s parent, legal guard-
8 ian, or a person or entity acting on behalf, and with
9 the consent, of such parent or guardian—
10 ‘‘(A) by placing a child with a person who
11 is not—
12 ‘‘(i) the child’s parent, step–parent,
13 grandparent, adult sibling, legal guardian,
14 or other adult relative;
15 ‘‘(ii) a friend of the family who is an
16 adult and with whom the child is familiar;
17 or
18 ‘‘(iii) a member of the Federally recog-
19 nized Indian tribe of which the child is also
20 a member;
21 ‘‘(B) with the intent of severing the rela-
22 tionship between the child and the parent or
23 guardian of such child; and
24 ‘‘(C) without—
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1 ‘‘(i) reasonably ensuring the safety of
2 the child and permanency of the placement
3 of the child, including by conducting an of-
4 ficial home study, background check, and
5 supervision; and
6 ‘‘(ii) transferring the legal rights and
7 responsibilities of parenthood or guardian-
8 ship under applicable Federal and State
9 law to a person described in subparagraph
10 (A).’’.
11 SEC. 143. INFORMATION AND SERVICES.
12 (a) NATIONAL RESOURCE CENTER FOR SPECIAL
13 NEEDS ADOPTION.—Section 203(b)(9) of the Child Abuse
14 Prevention and Treatment and Adoption Reform Act of
15 1978 (42 U.S.C. 5113(b)(9)) is amended by inserting ‘‘not
16 later than 2 years after the date of the enactment of the
17 Human Services and Community Supports Act, establish
18 and’’ before ‘‘maintain’’.
19 (b) PLACEMENT WITH ADOPTIVE FAMILIES.—Section
20 203(b)(11)(C) of the Child Abuse Prevention and Treatment
21 and Adoption Reform Act of 1978 (42 U.S.C.
22 5113(b)(11)(C)) is amended by striking ‘‘such children’’
23 and inserting ‘‘the children and youth described in the mat-
24 ter preceding paragraph (1) of section 201’’.
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1 (c) PRE-ADOPTION SERVICES.—Section 203(c)(1) of
2 the Child Abuse Prevention and Treatment and Adoption
3 Reform Act of 1978 (42 U.S.C. 5113(c)(1)) is amended by
4 striking ‘‘post’’ and inserting ‘‘pre- and post-’’.
5 (d) SERVICES.—Section 203(c)(2) of the Child Abuse
6 Prevention and Treatment and Adoption Reform Act of
7 1978 (42 U.S.C. 5113(c)(2)) is amended by inserting ‘‘and
8 the development of such services,’’ after ‘‘not supplant, serv-
9 ices’’.
10 (e) ELIMINATION OF BARRIERS TO ADOPTION ACROSS
11 JURISDICTIONAL BOUNDARIES.—Section 203(e)(1) of the
12 Child Abuse Prevention and Treatment and Adoption Re-
13 form Act of 1978 (42 U.S.C. 5113(e)(1)) is amended—
14 (1) by striking ‘‘with, States,’’ and inserting
15 ‘‘with States, Indian Tribes,’’; and
16 (2) by inserting ‘‘, including through the use of
17 web-based tools such as the electronic interstate case-
18 processing system referred to in section 437(g) of the
19 Social Security Act (42 U.S.C. 629g(g))’’ before the
20 period at the end.
21 SEC. 144. STUDY AND REPORT ON SUCCESSFUL ADOP-
22 TIONS.
23 Section 204 of the Child Abuse Prevention and Treat-
24 ment and Adoption Reform Act of 1978 (42 U.S.C. 5114)
25 is amended to read as follows:
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1 ‘‘SEC. 204. STUDY AND REPORT ON SUCCESSFUL ADOP-
2 TIONS.
3 ‘‘(a) STUDY.—The Secretary shall conduct a study (di-
4 rectly or by grant to, or contract with, public or private
5 nonprofit research agencies or organizations) on adoption
6 outcomes and the factors (including parental substance use
7 disorder) affecting those outcomes.
8 ‘‘(b) REPORT.—Not later than the date that is 36
9 months after the date of the enactment of the Human Serv-
10 ices and Community Supports Act the Secretary shall sub-
11 mit a report to Congress that includes the results of the
12 study required under subsection (a).’’.
13 SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
14 Section 205(a) of the Child Abuse Prevention and
15 Treatment and Adoption Reform Act of 1978 (42 U.S.C.
16 5115(a)) is amended—
17 (1) by striking ‘‘fiscal year 2010’’ and inserting
18 ‘‘fiscal year 2021’’; and
19 (2) by striking ‘‘fiscal years 2011 through 2015’’
20 and inserting ‘‘fiscal years 2022 through 2026’’.
21 Subtitle D—Amendments to Other
22 Laws
23 SEC. 151. TECHNICAL AND CONFORMING AMENDMENTS TO
24 OTHER LAWS.
25 (a) HEAD START ACT.—Section 658E(c)(2)(L) of the
26 Head Start Act (42 U.S.C. 9858c(c)(2)(L)) is amended by
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1 striking ‘‘will comply with the child abuse reporting re-
2 quirements of section 106(b)(2)(B)(i) of the Child Abuse
3 Prevention and Treatment Act (42 U.S.C.
4 5106a(b)(2)(B)(i))’’ and inserting ‘‘will comply with the
5 child abuse reporting requirements of section
6 106(b)(2)(A)(i) of the Child Abuse Prevention and Treat-
7 ment Act (42 U.S.C. 5106a(b)(2)(A)(i))’’.
8 (b) VICTIMS OF CRIME ACT OF 1984.—Section 1404A
9 of the Victims of Crime Act of 1984 (34 U.S.C. 20104) is
10 amended by striking ‘‘section 109’’ and inserting ‘‘section
11 107’’.
12 TITLE II—CHILD NUTRITION
13 AND THE SPECIAL SUPPLE-
14 MENTAL NUTRITION PRO-
15 GRAM FOR WOMEN, INFANTS,
16 AND CHILDREN
17 SEC. 201. EMERGENCY COSTS FOR CHILD NUTRITION PRO-
18 GRAMS DURING COVID–19 PANDEMIC.
19 (a) USE OF CERTAIN APPROPRIATIONS TO COVER
20 EMERGENCY OPERATIONAL COSTS UNDER SCHOOL MEAL
21 PROGRAMS.—
22 (1) IN GENERAL.—
23 (A) REQUIRED ALLOTMENTS.—Notwith-
24 standing any other provision of law, the Sec-
25 retary shall allocate to each State that partici-
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1 pates in the reimbursement program under para-
2 graph (3) such amounts as may be necessary to
3 carry out reimbursements under such paragraph
4 for each reimbursement month, including, subject
5 to paragraph (4)(B), administrative expenses
6 necessary to make such reimbursements.
7 (B) GUIDANCE WITH RESPECT TO PRO-
8 GRAM.—Not later than 10 days after the date of
9 the enactment of this section, the Secretary shall
10 issue guidance with respect to the reimbursement
11 program under paragraph (3).
12 (2) REIMBURSEMENT PROGRAM APPLICATION.—
13 To participate in the reimbursement program under
14 paragraph (3), not later than 30 days after the date
15 described in paragraph (1), a State shall submit an
16 application to the Secretary that includes a plan to
17 calculate and disburse reimbursements under the re-
18 imbursement program under paragraph (3).
19 (3) REIMBURSEMENT PROGRAM.—Using the
20 amounts allocated under paragraph (1)(A), a State
21 participating in the reimbursement program under
22 this paragraph shall make reimbursements for emer-
23 gency operational costs for each reimbursement month
24 as follows:
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1 (A) For each new school food authority in
2 the State for the reimbursement month, an
3 amount equal to 55 percent of the amount equal
4 to—
5 (i) the average monthly amount such
6 new school food authority was reimbursed
7 under the reimbursement sections for meals
8 and supplements served by such new school
9 food authority during the alternate period;
10 minus
11 (ii) the amount such new school food
12 authority was reimbursed under the reim-
13 bursement sections for meals and supple-
14 ments served by such new school food au-
15 thority during such reimbursement month.
16 (B) For each school food authority not de-
17 scribed in subparagraph (A) in the State for the
18 reimbursement month, an amount equal to 55
19 percent of—
20 (i) the amount such school food author-
21 ity was reimbursed under the reimburse-
22 ment sections for meals and supplements
23 served by such school food authority for the
24 month beginning one year before such reim-
25 bursement month; minus
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1 (ii) the amount such school food au-
2 thority was reimbursed under the reim-
3 bursement sections for meals and supple-
4 ments served by such school food authority
5 during such reimbursement month.
6 (4) TREATMENT OF FUNDS.—
7 (A) AVAILABILITY.—Funds allocated to a
8 State under paragraph (1)(A) shall remain
9 available until June 30, 2021.
10 (B) ADMINISTRATIVE EXPENSES.—A State
11 may reserve not more than 1 percent of the funds
12 allocated under paragraph (1)(A) for adminis-
13 trative expenses to carry out this subsection.
14 (C) UNEXPENDED BALANCE.—On December
15 31, 2021, any amounts allocated to a State
16 under paragraph (1)(A) or reimbursed to a
17 school food authority or new school food author-
18 ity under paragraph (3) that are unexpended by
19 such State, school food authority, or new school
20 food authority shall revert to the Secretary.
21 (5) REPORTS.—Each State that carries out a re-
22 imbursement program under paragraph (3) shall, not
23 later than December 31, 2021, submit a report to the
24 Secretary that includes a summary of the use of such
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1 funds by the State and each school food authority and
2 new school food authority in such State.
3 (b) USE OF CERTAIN APPROPRIATIONS TO COVER
4 CHILD AND ADULT CARE FOOD PROGRAM CHILD CARE
5 OPERATIONAL EMERGENCY COSTS DURING COVID–19
6 PANDEMIC.—
7 (1) IN GENERAL.—
8 (A) REQUIRED ALLOTMENTS.—Notwith-
9 standing any other provision of law, the Sec-
10 retary shall allocate to each State that partici-
11 pates in the reimbursement program under para-
12 graph (3) such amounts as may be necessary to
13 carry out reimbursements under such paragraph
14 for each reimbursement month, including, subject
15 to paragraph (4)(C), administrative expenses
16 necessary to make such reimbursements.
17 (B) GUIDANCE WITH RESPECT TO PRO-
18 GRAM.—Not later than 10 days after the date of
19 the enactment of this section, the Secretary shall
20 issue guidance with respect to the reimbursement
21 program under paragraph (3).
22 (2) REIMBURSEMENT PROGRAM APPLICATION.—
23 To participate in the reimbursement program under
24 paragraph (3), not later than 30 days after the date
25 described in paragraph (1), a State shall submit an
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1 application to the Secretary that includes a plan to
2 calculate and disburse reimbursements under the re-
3 imbursement program under paragraph (3).
4 (3) REIMBURSEMENT AMOUNT.—Using the
5 amounts allocated under paragraph (1)(A), a State
6 participating in the reimbursement program under
7 this paragraph shall make reimbursements for child
8 care operational emergency costs for each reimburse-
9 ment month as follows:
10 (A) For each new covered institution in the
11 State for the reimbursement month, an amount
12 equal to 55 percent of—
13 (i) the average monthly amount such
14 covered institution was reimbursed under
15 subsection (c) and subsection (f) of section
16 17 of the Richard B. Russell National
17 School Lunch Act (42 U.S.C. 1766) for
18 meals and supplements served by such new
19 covered institution during the alternate pe-
20 riod; minus
21 (ii) the amount such covered institu-
22 tion was reimbursed under such section for
23 meals and supplements served by such new
24 covered institution during such reimburse-
25 ment month.
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1 (B) For each covered institution not de-
2 scribed in subparagraph (A) in the State for the
3 reimbursement month, an amount equal to 55
4 percent of—
5 (i) the amount such covered institution
6 was reimbursed under subsection (c) and
7 subsection (f) of section 17 of the Richard
8 B. Russell National School Lunch Act (42
9 U.S.C. 1766) for meals and supplements
10 served by such covered institution during
11 the month beginning one year before such
12 reimbursement month; minus
13 (ii) the amount such covered institu-
14 tion was reimbursed under such section for
15 meals and supplements served by such cov-
16 ered institution during such reimbursement
17 month.
18 (C) For each new sponsoring organization
19 of a family or group day care home in the State
20 for the reimbursement month, an amount equal
21 to 55 percent of—
22 (i) the average monthly amount such
23 new sponsoring organization of a family or
24 group day care home was reimbursed under
25 section 17(f)(3)(B) of the Richard B. Russell
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1 National School Lunch Act (42 U.S.C.
2 1766(f)(3)(B)) for administrative funds for
3 the alternate period; minus
4 (ii) the amount such new sponsoring
5 organization of a family or group day care
6 home was reimbursed under such section for
7 administrative funds for the reimbursement
8 month.
9 (D) For each sponsoring organization of a
10 family or group day care home not described in
11 subparagraph (C) in the State for the reimburse-
12 ment month, an amount equal to 55 percent of—
13 (i) the amount such sponsoring organi-
14 zation of a family or group day care home
15 was reimbursed under section 17(f)(3)(B) of
16 the Richard B. Russell National School
17 Lunch Act (42 U.S.C. 1766(f)(3)(B)) for ad-
18 ministrative funds for the month beginning
19 one year before such reimbursement month;
20 minus
21 (ii) the amount such sponsoring orga-
22 nization of a family or group day care
23 home was reimbursed under such section for
24 administrative funds for such reimburse-
25 ment month.
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1 (4) TREATMENT OF FUNDS.—
2 (A) AVAILABILITY.—Funds allocated to a
3 State under paragraph (1)(A) shall remain
4 available until June 30, 2021.
5 (B) UNAFFILIATED CENTER.—In the case of
6 a covered institution or a new covered institu-
7 tion that is an unaffiliated center that is spon-
8 sored by a sponsoring organization and receives
9 funds for a reimbursement month under sub-
10 paragraph (A) or (B), such unaffiliated center
11 shall provide to such sponsoring organization an
12 amount of such funds as agreed to by the spon-
13 soring organization and the unaffiliated center,
14 except such amount may not be greater be than
15 15 percent of such funds.
16 (C) ADMINISTRATIVE EXPENSES.—A State
17 may reserve not more than 1 percent of the funds
18 allocated under paragraph (1)(A) for adminis-
19 trative expenses to carry out this subsection.
20 (D) UNEXPENDED BALANCE.—On December
21 31, 2021, any amounts allocated to a State
22 under paragraph (1)(A) or reimbursed to a new
23 covered institution, covered institution, new
24 sponsoring organization of a family or group
25 day care home, or sponsoring organization of a
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1 family or group day care home that are unex-
2 pended by such State, new covered institution,
3 covered institution, new sponsoring organization
4 of a family or group day care home, or spon-
5 soring organization of a family or group day
6 care home, shall revert to the Secretary.
7 (5) REPORTS.—Each State that carries out a re-
8 imbursement program under paragraph (3) shall, not
9 later than December 31, 2021, submit a report to the
10 Secretary that includes a summary of the use of such
11 funds by the State and each new covered institution,
12 covered institution, new sponsoring organization of a
13 family or group day care home, or sponsoring organi-
14 zation of a family or group day care home.
15 (c) FUNDING.—There are hereby appropriated to the
16 Secretary, out of any funds in the Treasury not otherwise
17 appropriated, such sum as may be necessary to carry out
18 this section.
19 (d) DEFINITIONS.—In this section:
20 (1) ALTERNATE PERIOD.—The term ‘‘alternate
21 period’’ means the period beginning January 1, 2020
22 and ending February 29, 2020.
23 (2) EMERGENCY OPERATIONAL COSTS.—The
24 term ‘‘emergency operational costs’’ means the costs
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1 incurred by a school food authority or new school food
2 authority—
3 (A) during a public health emergency;
4 (B) that are related to the ongoing oper-
5 ation, modified operation, or temporary suspen-
6 sion of operation (including administrative
7 costs) of such school food authority or new school
8 food authority; and
9 (C) except as provided under subsection (a),
10 that are not reimbursed under a Federal grant.
11 (3) CHILD CARE OPERATIONAL EMERGENCY
12 COSTS.—The term ‘‘child care operational emergency
13 costs’’ means the costs under the child and adult care
14 food program under section 17 of the Richard B. Rus-
15 sell National School Lunch Act (42 U.S.C. 1766) in-
16 curred by a new covered institution, covered institu-
17 tion, new sponsoring organization of a family or
18 group day care home, or sponsoring organization of
19 a family or group day care home—
20 (A) during a public health emergency;
21 (B) that are related to the ongoing oper-
22 ation, modified operation, or temporary suspen-
23 sion of operation (including administrative
24 costs) of such new covered institution, covered in-
25 stitution, new sponsoring organization of a fam-
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1 ily or group day care home, sponsoring organi-
2 zation of a family or group day care home, or
3 sponsoring organization of an unaffiliated cen-
4 ter; and
5 (C) except as provided under subsection (b),
6 that are not reimbursed under a Federal grant.
7 (4) COVERED INSTITUTION.—The term ‘‘covered
8 institution’’ means—
9 (A) an institution (as defined in section
10 17(a)(2) of the Richard B. Russell National
11 School Lunch Act (42 U.S.C. 1766(a)(2))); and
12 (B) a family or group day care home.
13 (5) NEW COVERED INSTITUTION.—The term
14 ‘‘new covered institution’’ means a covered institution
15 for which no reimbursements were made for meals
16 and supplements under section 17(c) or (f) of the
17 Richard B. Russell National School Lunch Act (42
18 U.S.C. 1766) with respect to the previous reimburse-
19 ment period.
20 (6) NEW SCHOOL FOOD AUTHORITY.—The term
21 ‘‘new school food authority’’ means a school food au-
22 thority for which no reimbursements were made under
23 the reimbursement sections with respect to the pre-
24 vious reimbursement period.
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1 (7) NEW SPONSORING ORGANIZATION OF A FAM-
2 ILY OR GROUP DAY CARE.—The term ‘‘new sponsoring
3 organization of a family or group day care’’ means
4 a sponsoring organization of a family or group day
5 care home for which no reimbursements for adminis-
6 trative funds were made under section 17(f)(3)(B) of
7 the Richard B. Russell National School Lunch Act
8 (42 U.S.C. 1766(f)(3)(B)) for the previous reimburse-
9 ment period.
10 (8) PREVIOUS REIMBURSEMENT PERIOD.—The
11 term ‘‘previous reimbursement period’’ means the pe-
12 riod beginning March 1, 2019 and ending June 30,
13 2019.
14 (9) PUBLIC HEALTH EMERGENCY.—The term
15 ‘‘public health emergency’’ means a public health
16 emergency declared pursuant to section 319 of the
17 Public Health Service Act (42 U.S.C. 247d) resulting
18 from the COVID–19 pandemic.
19 (10) REIMBURSEMENT MONTH.—The term ‘‘re-
20 imbursement month’’ means March 2020, April 2020,
21 May 2020, and June 2020.
22 (11) REIMBURSEMENT SECTIONS.—The term
23 ‘‘reimbursement sections’’ means—
24 (A) section 4(b), section 11(a)(2), section
25 13, and section 17A(c) of the Richard B. Russell
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1 National School Lunch Act (42 U.S.C. 1753(b);
2 42 U.S.C. 1759a(a)(2); 42 U.S.C. 1761; 42
3 U.S.C. 1766a(c)); and
4 (B) section 4 of the Child Nutrition Act (42
5 U.S.C. 1773).
6 (12) SECRETARY.—The term ‘‘Secretary’’ means
7 the Secretary of Agriculture.
8 (13) STATE.— The term ‘‘State’’ has the mean-
9 ing given such term in section 12(d)(8) of the Richard
10 B. Russell National School Lunch Act (42 U.S.C.
11 1760(d)(8)).
12 SEC. 202. FRESH PRODUCE FOR KIDS IN NEED.
13 Section 2202(f)(1) of the Families First Coronavirus
14 Response Act (42 U.S.C. 1760 note) is amended by adding
15 at the end the following:
16 ‘‘(E) The fresh fruit and vegetable program
17 under section 19 of the Richard B. Russell Na-
18 tional School Lunch Act (42 U.S.C. 1769a).’’.
19 SEC. 203. WIC BENEFIT FLEXIBILITY DURING COVID–19.
20 (a) IN GENERAL.—
21 (1) AUTHORITY TO INCREASE AMOUNT OF CASH-
22 VALUE VOUCHER.—During the COVID–19 public
23 health emergency declared under section 319 of the
24 Public Health Service Act (42 U.S.C. 247d) and in
25 response to challenges related to such public health
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1 emergency, the Secretary may increase the amount of
2 a cash-value voucher under a qualified food package
3 to an amount less than or equal to $35.
4 (2) APPLICATION OF INCREASED AMOUNT OF
5 CASH-VALUE VOUCHER TO STATE AGENCIES.—
6 (A) NOTIFICATION.—An increase to the
7 amount of a cash-value voucher under paragraph
8 (1) shall apply to any State agency that notifies
9 the Secretary of the intent to use such an in-
10 creased amount, without further application.
11 (B) USE OF INCREASED AMOUNT.—A State
12 agency that notifies the Secretary under sub-
13 paragraph (A) may use or not use the increased
14 amount described in such subparagraph during
15 the period beginning on the date of the notifica-
16 tion by the State agency under such subpara-
17 graph and ending on the date that is 120 days
18 after the date of the enactment of this section.
19 (3) APPLICATION PERIOD.—An increase to the
20 amount of a cash-value voucher under paragraph (1)
21 may only apply during the period beginning on the
22 date of the enactment of this section and ending on
23 January 31, 2021.
24 (4) SUNSET.—The authority to make an increase
25 to the amount of a cash-value voucher under para-
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1 graph (1) or to use such an increased amount under
2 paragraph (2)(B) shall terminate on the date that is
3 120 days after the date of the enactment of this sec-
4 tion.
5 (b) DEFINITIONS.—
6 (1) CASH-VALUE VOUCHER.—The term ‘‘cash-
7 value voucher’’ has the meaning given the term in sec-
8 tion 246.2 of title 7, Code of Federal Regulations.
9 (2) QUALIFIED FOOD PACKAGE.—The term
10 ‘‘qualified food package’’ means the following food
11 packages under section 246.10(e) of title 7, Code of
12 Federal Regulations:
13 (A) Food Package IV–Children 1 through 4
14 years.
15 (B) Food Package V–Pregnant and par-
16 tially (mostly) breastfeeding women.
17 (C) Food Package VI–Postpartum women.
18 (D) Food Package VII–Fully breastfeeding.
19 (3) SECRETARY.—The term ‘‘Secretary’’ means
20 the Secretary of Agriculture.
21 (4) STATE AGENCY.—The term ‘‘State agency’’
22 has the meaning given the term in section 17(b) of the
23 Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
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1 SEC. 204. COVID–19 WIC SAFETY AND MODERNIZATION.
2 (a) ESTABLISHMENT OF TASK FORCE.—Not later than
3 90 days after the date of the enactment of this section, the
4 Secretary shall establish a task force on supplemental foods
5 delivery in the special supplemental nutrition program (in
6 this section referred to as the ‘‘Task Force’’).
7 (b) MEMBERSHIP.—
8 (1) COMPOSITION.—The Task Force shall be com-
9 posed of at least 1 member but not more than 3 mem-
10 bers appointed by the Secretary from each of the fol-
11 lowing:
12 (A) Retailers of supplemental foods.
13 (B) Representatives of State agencies.
14 (C) Representatives of Indian State agen-
15 cies.
16 (D) Representatives of local agencies.
17 (E) Technology companies with experience
18 maintaining the special supplemental nutrition
19 program information systems and technology,
20 including management information systems or
21 electronic benefit transfer services.
22 (F) Manufacturers of supplemental foods.
23 (G) Participants in the special supple-
24 mental nutrition program from diverse locations.
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1 (H) Other organizations that have experi-
2 ence with and knowledge of the special supple-
3 mental nutrition program.
4 (2) LIMITATION ON MEMBERSHIP.—The Task
5 Force shall be composed of not more than 20 members.
6 (c) DUTIES.—
7 (1) STUDY.—The Task Force shall study meas-
8 ures to streamline the redemption of supplemental
9 foods benefits that promote convenience, safety, and
10 equitable access to supplemental foods, including in-
11 fant formula, for participants in the special supple-
12 mental nutrition program, including—
13 (A) online and telephonic ordering and
14 curbside pickup of, and payment for, supple-
15 mental foods;
16 (B) online and telephonic purchasing of
17 supplemental foods;
18 (C) home delivery of supplemental foods;
19 (D) self checkout for purchases of supple-
20 mental foods; and
21 (E) other measures that limit or eliminate
22 consumer presence in a physical store.
23 (2) REPORT BY TASK FORCE.—Not later than
24 September 30, 2021, the Task Force shall submit to
25 the Secretary a report that includes—
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1 (A) the results of the study required under
2 paragraph (1); and
3 (B) recommendations with respect to such
4 results.
5 (3) REPORT BY SECRETARY.—Not later than 45
6 days after receiving the report required under para-
7 graph (2), the Secretary shall—
8 (A) submit to Congress a report that in-
9 cludes—
10 (i) a plan with respect to carrying out
11 the recommendations received by the Sec-
12 retary in such report under paragraph (2);
13 and
14 (ii) an assessment of whether legisla-
15 tive changes are necessary to carry out such
16 plan; and
17 (B) notify the Task Force of the submission
18 of the report required under subparagraph (A).
19 (4) PUBLICATION.—The Secretary shall make
20 publicly available on the website of the Department of
21 Agriculture—
22 (A) the report received by the Secretary
23 under paragraph (2); and
24 (B) the report submitted by the Secretary
25 under paragraph (3)(A).
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1 (d) TERMINATION.—The Task Force shall terminate on
2 the date the Secretary submits the report required under
3 paragraph (3)(A).
4 (e) NONAPPLICABILITY OF FACA.—The Federal Advi-
5 sory Committee Act (5 U.S.C. App.) shall not apply to the
6 Task Force.
7 (f) DEFINITIONS.—In this section:
8 (1) LOCAL AGENCY.—The term ‘‘local agency’’
9 has the meaning given the term in section 17(b) of the
10 Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
11 (2) SECRETARY.—The term ‘‘Secretary’’ means
12 the Secretary of Agriculture.
13 (3) SPECIAL SUPPLEMENTAL NUTRITION PRO-
14 GRAM.—The term ‘‘special supplemental nutrition
15 program’’ means the special supplemental nutrition
16 program under section 17 of the Child Nutrition Act
17 of 1966 (42 U.S.C. 1786).
18 (4) STATE AGENCY.—The term ‘‘State agency’’
19 has the meaning given the term in section 17(b) of the
20 Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).
21 (5) SUPPLEMENTAL FOODS.—The term ‘‘supple-
22 mental foods’’ has the meaning given the term in sec-
23 tion 17(b) of the Child Nutrition Act of 1966 (42
24 U.S.C. 1786(b)).
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1 SEC. 205. SERVING YOUTH IN THE CHILD AND ADULT CARE
2 FOOD PROGRAM AT EMERGENCY SHELTERS.
3 (a) PROGRAM FOR AT-RISK SCHOOL CHILDREN.—Be-
4 ginning on the date of the enactment of this section, not-
5 withstanding paragraph (1)(A) of section 17(r) of the Rich-
6 ard B. Russell National School Lunch Act (42 U.S.C.
7 1766(r)), during the COVID–19 public health emergency
8 declared under section 319 of the Public Health Service Act
9 (42 U.S.C. 247d), the Secretary shall reimburse institutions
10 that are emergency shelters under such section 17(r) (42
11 U.S.C. 1766(r)) for meals and supplements served to indi-
12 viduals who at the time of such service have not attained
13 the age of 25.
14 (b) PARTICIPATION BY EMERGENCY SHELTERS.—Be-
15 ginning on the date of the enactment of this section, not-
16 withstanding paragraph (5)(A) section 17(t) of the Richard
17 B. Russell National School Lunch Act (42 U.S.C. 1766(t)),
18 during the COVID–19 public health emergency declared
19 under section 319 of the Public Health Service Act (42
20 U.S.C. 247d), the Secretary shall reimburse emergency shel-
21 ters under such section 17(t) (42 U.S.C. 1766(t)) for meals
22 and supplements served to individuals who at the time of
23 such service have not attained the age of 25.
24 (c) FUNDING.—There are hereby appropriated to the
25 Secretary, out of any funds in the Treasury not otherwise
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1 appropriated, such sum as may be necessary to carry out
2 this section.
3 (d) DEFINITIONS.—In this section:
4 (1) EMERGENCY SHELTER.—The term ‘‘emer-
5 gency shelter’’ has the meaning given the term under
6 section 17(t)(1) of the Richard B. Russell National
7 School Lunch Act (42 U.S.C. 1766(t)(1)).
8 (2) SECRETARY.—The term ‘‘Secretary’’ means
9 the Secretary of Agriculture.
10 SEC. 206. CALCULATION OF PAYMENTS AND REIMBURSE-
11 MENTS FOR CERTAIN CHILD NUTRITION PRO-
12 GRAMS.
13 (a) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH
14 ACT.—
15 (1) COMMODITY ASSISTANCE.—Notwithstanding
16 any other provision of law, for purposes of providing
17 commodity assistance to a State under section
18 6(c)(1)(C) of the Richard B. Russell National School
19 Lunch Act (42 U.S.C. 1755(c)(1)(C)) or cash assist-
20 ance in lieu of such commodity assistance under sec-
21 tion 16 of such Act (42 U.S.C. 1765) the Secretary
22 shall deem the number of lunches served by school food
23 authorities in such State during the 2020 period to
24 be equal to the greater of the following:
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1 (A) The number of lunches served by such
2 school food authorities in such State during the
3 2019 period.
4 (B) The number of lunches served by such
5 school food authorities in such State during the
6 2020 period.
7 (2) SPECIAL ASSISTANCE PAYMENTS.—Notwith-
8 standing any other provision of law, in determining
9 the number of meals served by a school for purposes
10 of making special assistance payments to a State
11 with respect to a school under subparagraph (B),
12 clause (ii) or (iii) of subparagraph (C), or subpara-
13 graph (E)(i)(II) of section 11(a)(1) of the Richard B.
14 Russell National School Lunch Act (42 U.S.C.
15 1759a(a)(1)), the Secretary shall deem the number of
16 meals served by such school during the 2020 period to
17 be equal to the greater of the following:
18 (A) The number of meals served by such
19 school during the 2019 period.
20 (B) The number of meals served by such
21 school during the 2020 period.
22 (b) CHILD NUTRITION ACT OF 1966.—
23 (1) STATE ADMINISTRATIVE EXPENSES.—Not-
24 withstanding any other provision of law, for purposes
25 of making payments to a State under section 7(a) of
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1 the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)),
2 the Secretary shall deem the number of meals and
3 supplements served by such school food authorities in
4 such State during the 2020 period to be equal to the
5 greater of the following:
6 (A) The number of meals and supplements
7 served by such school food authorities in such
8 State during the 2019 period.
9 (B) The number of meals and supplements
10 served by such school food authorities in such
11 State during the 2020 period.
12 (2) TEAM NUTRITION NETWORK.—Notwith-
13 standing any other provision of law, for purposes of
14 making allocations to a State under section 19(d) of
15 the Child Nutrition Act of 1966 (42 U.S.C. 1788(d)),
16 the Secretary shall deem the number of lunches served
17 by school food authorities in such State during the
18 2020 period to be equal to the greater of the following:
19 (A) The number of lunches served by such
20 school food authorities in such State during the
21 2019 period.
22 (B) The number of lunches served by such
23 school food authorities in such State during the
24 2020 period.
25 (c) DEFINITIONS.—In this section:
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1 (1) SECRETARY.—The term ‘‘Secretary’’ means
2 the Secretary of Agriculture.
3 (2) 2019 PERIOD.—The term ‘‘2019 period’’
4 means the period beginning March 1, 2019 and end-
5 ing June 30, 2019.
6 (3) 2020 PERIOD.—The term ‘‘2020 period’’
7 means the period beginning March 1, 2020 and end-
8 ing June 30, 2020.
9 SEC. 207. REPORTING ON WAIVER AUTHORITY.
10 (a) APPLICATION TO DOCUMENTS RECEIVED OR
11 ISSUED ON OR AFTER DATE OF ENACTMENT.—Beginning
12 on the date of the enactment of this section, not later than
13 10 days after the date of the receipt or issuance of each
14 document specified in paragraph (1), (2), or (3) of this sub-
15 section, the Secretary of Agriculture shall make publicly
16 available on the website of the Department of Agriculture
17 the following documents:
18 (1) Any request submitted by State agencies for
19 a qualified waiver.
20 (2) The Secretary’s approval or denial of each
21 such request.
22 (3) Any guidance issued by the Secretary with
23 respect to a qualified waiver.
24 (b) INCLUSION OF DATE WITH GUIDANCE.—With re-
25 spect to the guidance described in subsection (a)(3), the Sec-
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1 retary of Agriculture shall include the date on which such
2 guidance was issued on the publicly available website of the
3 Department of Agriculture on such guidance.
4 (c) APPLICATION RECEIVED OR ISSUED BEFORE DATE
5 OF ENACTMENT.—In the case of a document specified in
6 paragraph (1), (2), or (3) of subsection (a) received or
7 issued by the Secretary of Agriculture before the date of the
8 enactment of this section, the Secretary of Agriculture shall,
9 not later than 30 days after the date of the enactment of
10 this section, make publicly available on the website of the
11 Department of Agriculture—
12 (1) the documents described in paragraphs (1)
13 through (3) of subsection (a) with respect to each re-
14 ceived or issued document; and
15 (2) if the Secretary issued guidance with respect
16 to a qualified waiver issued before the date of the en-
17 actment of this section, the date on which such guid-
18 ance was issued.
19 (d) QUALIFIED WAIVER DEFINED.—In this section, the
20 term ‘‘qualified waiver’’ means a waiver under section
21 2102, 2202, 2203, or 2204 of the Families First
22 Coronavirus Response Act (Public Law 116–127).
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1 TITLE III—RELATED PROGRAMS
2 SEC. 301. COMMUNITY SERVICES BLOCK GRANT ENHANCE-
3 MENT ACT OF 2020.
4 (a) DISTRIBUTION OF CARES ACT FUNDS TO
5 STATES.—Section 675B(b)(3) of the Community Services
6 Block Grant Act (42 U.S.C. 9906(b)(3)) shall not apply
7 with respect to funds appropriated by the CARES Act
8 (Public Law 116–136) to carry out the Community Services
9 Block Grant Act (42 U.S.C. 9901 et seq.).
10 (b) INCREASED POVERTY LINE.—For purposes of car-
11 rying out the Community Services Block Grant Act (42
12 U.S.C. 9901 et seq.) with any funds appropriated for fiscal
13 year 2021 for such Act, the term ‘‘poverty line’’ as defined
14 in section 673(2) of such Act (42 U.S.C. 9902(2)) means
15 200 percent of the poverty line otherwise applicable under
16 such section (excluding the last sentence of such section)
17 without regard to this subsection.
18 (c) DISTRIBUTION OF CARES ACT FUNDS BY STATES
19 TO ELIGIBLE ENTITIES.—Funds appropriated by the
20 CARES Act (Public Law 116–136) to carry out the Com-
21 munity Services Block Grant Act (42 U.S.C. 9901 et seq.)
22 and received by a State shall be made available to eligible
23 entities (as defined in section 673(1)(A) of such Act (42
24 U.S.C. 9902(1)(A))) not later than either 30 days after such
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1 State receives such funds or 30 days after the date of the
2 enactment of this Act, whichever occurs later.
3 SEC. 302. FLEXIBILITY FOR THE RUNAWAY AND HOMELESS
4 YOUTH PROGRAM.
5 During the public health emergency declared by the
6 Secretary of Health and Human Services under section 319
7 of the Public Health Service Act (42 U.S.C. 247d) on Janu-
8 ary 31, 2020, with respect to COVID–19, and any renewal
9 of such declaration, the Secretary may waive with respect
10 to a current or future grantee of funds provided to carry
11 out the Runaway and Homeless Youth Act (42 U.S.C.
12 11201 et seq.)—
13 (1) the 21-day maximum period for which shel-
14 ter may be provided applicable under section
15 311(a)(2)(B)(i) of such Act (34 U.S.C.
16 11211(a)(2)(B)(i));
17 (2) the 20-youth maximum capacity of a center
18 or facility applicable under section 312(b)(2)(A) of
19 such Act (34 U.S.C. 11212(b)(2)(A)) if such grantee
20 provides an assurance that waiving such requirement
21 would not compromise the health and safety of youth
22 or staff and would not compromise such grantee’s
23 ability to implement the applicable guidance issued
24 by the Centers for Disease Control and Prevention to
25 mitigate the spread of COVID–19, including the im-
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1 plementation of appropriate social distancing meas-
2 ures;
3 (3) the 540-day and 635-day maximum contin-
4 uous periods for which shelter and services may be
5 provided applicable under section 322(a)(2) of such
6 Act (34 U.S.C. 11222(a)(2));
7 (4) the 20-individual maximum capacity of a
8 shelter or facility applicable under section 322(a)(4)
9 of such Act (34 U.S.C. 11222(a)(4)) if such grantee
10 provides an assurance that waiving such requirement
11 would not compromise the health and safety of youth
12 or staff and would not compromise such grantee’s
13 ability to implement the applicable guidance issued
14 by the Centers for Disease Control and Prevention to
15 mitigate the spread of COVID–19, including the im-
16 plementation of appropriate social distancing meas-
17 ures; and
18 (5) the 90-percent limitation on the Federal cost
19 share applicable under section 383(a) of such Act (34
20 U.S.C. 11274(a)).
21 SEC. 303. EXTENSION OF CERTAIN NUTRITION FLEXIBILI-
22 TIES FOR OLDER AMERICANS ACT PROGRAMS
23 NUTRITION SERVICES.
24 (a) TRANSFER AUTHORITY.—Notwithstanding any
25 other provision of the Older Americans Act of 1965 (42
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1 U.S.C. 3001 et seq.), with respect to funds received by a
2 State for fiscal year 2021 and attributable to funds appro-
3 priated under paragraph (1) or (2) of section 303(b) of such
4 Act, the State may elect in its plan under section
5 307(a)(13) of such Act regarding part C of title III of such
6 Act, to transfer between subpart 1 and subpart 2 of part
7 C any amount of the funds so received notwithstanding the
8 limitation on transfer authority provided in subparagraph
9 (A) of section 308(b)(4) of such Act and without regard to
10 subparagraph (B) of such section. The preceding sentence
11 shall apply to such funds until expended by the State.
12 (b) HOME-DELIVERED NUTRITION SERVICES WAIV-
13 ER.—For purposes determining eligibility for the delivery
14 of nutrition services under section 337 of the Older Ameri-
15 cans Act of 1965 (42 U.S.C. 3030g) with funds received by
16 a State under the Older Americans Act of 1965 (42 U.S.C.
17 2001 et seq.) for fiscal 2021, the State shall treat an older
18 individual who is unable to obtain nutrition because such
19 individual is practicing social distancing due to the emer-
20 gency in the same manner as the State treats an older indi-
21 vidual who is homebound by reason of illness. The preceding
22 sentence shall apply to such funds until expended by the
23 State.
24 (c) DIETARY GUIDELINES WAIVER.—To facilitate im-
25 plementation of subparts 1 and 2 of part C of title III of
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1 the Older Americans Act of 1965 (42 U.S.C. 3030d–2 et
2 seq.) with funds received by a State for fiscal year 2021,
3 the Assistant Secretary on Aging may waive, but make
4 every effort practicable to continue to encourage the restora-
5 tion of, the applicable requirements that meals provided
6 under such subparts comply with the requirements of
7 clauses (I) and (ii) of section 339(2)(A) of such Act (42
8 U.S.C. 3030g–21(2)(A)). The preceding sentence shall apply
9 to such funds until expended by the State.
10 SEC. 304. USE OF LIHEAP SUPPLEMENTAL APPROPRIA-
11 TIONS.
12 Notwithstanding the Low-Income Home Energy As-
13 sistance Act of 1981, with respect to amounts appropriated
14 under title VIII of division A of this Act to carry out the
15 Low-Income Home Energy Assistance Act of 1981, each
16 State, the Commonwealth of Puerto Rico, Guam, American
17 Samoa, the Virgin Islands of the United States, the Com-
18 monwealth of the Northern Mariana Islands, and each In-
19 dian Tribe, as applicable, that receives an allotment of
20 funds from such amounts shall, in using such funds, for
21 purposes of income eligibility, accept proof of job loss or
22 severe income loss dated after February 29, 2020, such as
23 a layoff or furlough notice or verification of application for
24 unemployment benefits, as sufficient to demonstrate lack of
25 income for an individual or household.
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1 SEC. 305. CORPORATION FOR NATIONAL AND COMMUNITY
2 SERVICE.
3 (a) CNCS LEGISLATIVE FLEXIBILITIES.—
4 (1) MATCH WAIVER.—During the period begin-
5 ning on the date of the enactment of this Act and end-
6 ing on September 30, 2022, notwithstanding any
7 other provision of law, if a grantee of the Corporation
8 for National and Community Service is unable to
9 meet a requirement to provide matching funds due to
10 funding constraints resulting from the COVID–19 na-
11 tional emergency, the Chief Executive Officer of the
12 Corporation for National and Community Service
13 may—
14 (A) waive any requirement that such grant-
15 ee provide matching funds for a program; and
16 (B) increase the Federal share of the grant
17 for such program up to 100 percent.
18 (2) END-OF-SERVICE CASH STIPEND.—Section
19 3514(a)(2)(B) of the CARES Act is amended by in-
20 serting ‘‘, or the full value of the stipend under section
21 105(a) of title I of the Domestic Volunteer Service Act
22 of 1973 (42 U.S.C. 4955)’’ after ‘‘such subtitle’’.
23 (3) SENIOR CORPS VOLUNTEER RECRUITMENT.—
24 During the period beginning on the date of the enact-
25 ment and ending on September 30, 2022, notwith-
26 standing sections 201(a), 211(d), 211(e), and 213(a)
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1 of title II of the Domestic Volunteer Service Act of
2 1973 (42 U.S.C. 5000 et seq.)—
3 (A) an individual age 45 years or older
4 may enroll as a volunteer to provide services
5 under parts A, B or C of such title to address
6 the critical needs of local communities across the
7 country during the COVID–19 national emer-
8 gency; and
9 (B) for the purposes of parts B and C of
10 such title II, ‘‘low-income person’’ and ‘‘person
11 of low income’’ mean any person whose income
12 is not more than 400 percent of the poverty line
13 for a single individual.
14 (b) NATIONAL SERVICE EXPANSION FEASIBILITY
15 STUDY.—
16 (1) STUDY REQUIRED.—The Corporation for Na-
17 tional and Community Service shall conduct a study
18 on the feasibility of increasing the capacity of na-
19 tional service programs to respond to the economic
20 and social impact on communities across the country
21 resulting from the COVID–19 national emergency
22 and public health crisis.
23 (2) SCOPE OF STUDY.—In conducting the study
24 required under paragraph (1), the Corporation for
25 National and Community Service shall examine new
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1 and existing programs, partnerships, organizations,
2 and grantees that could be utilized to respond to the
3 COVID–19 national emergency as described in sub-
4 section (a), including—
5 (A) service opportunities related to food se-
6 curity, education, economic opportunity, and
7 disaster or emergency response;
8 (B) partnerships with the Department of
9 Health and Human Services, the Centers for
10 Disease Control and Prevention, and public
11 health departments in all 50 States and terri-
12 tories to respond to public health needs related to
13 COVID–19 such as testing, contact tracing, or
14 related activities; and
15 (C) the capacity and ability of the State
16 Commissions on National and Community Serv-
17 ice to respond to the needs of State and local
18 governments in each State or territory in which
19 such State Commission is in operation.
20 (3) REQUIRED FACTORS OF THE STUDY.—In ex-
21 amining new and existing programs, partnerships,
22 organizations, and grantees as required under para-
23 graph (2), the Corporation for National and Commu-
24 nity Service shall examine—
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1 (A) the cost and resources necessary related
2 to increased capacity;
3 (B) the timeline for implementation of any
4 expanded partnerships or increased capacity;
5 (C) options to use existing corps programs
6 overseen by the Corporation for National and
7 Community Service for increasing such capacity,
8 and the role of programs, such as AmeriCorps,
9 AmeriCorps VISTA, AmeriCorps National Civil-
10 ian Community Corps, or Senior Corps, for in-
11 creasing capacity;
12 (D) the ability to increase diversity, includ-
13 ing economic, racial, ethnic, and gender diver-
14 sity, among national service volunteers and pro-
15 grams;
16 (E) the geographic distribution of demand
17 by State due to the economic or health related
18 impacts of COVID–19 for national service volun-
19 teer opportunities across the country and the ad-
20 ditional volunteer capacity needed to meet such
21 demand, comparing existing demand for volun-
22 teer opportunities to expected or realized in-
23 creases as a result of COVID–19; and
24 (F) whether any additional administrative
25 capacity at the Corporation for National and
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1 Community Service, such as grantee organiza-
2 tional capacity, is needed to respond to the in-
3 creased capacity of such new or existing pro-
4 grams, partnerships, organizations, and grant-
5 ees.
6 (4) REPORTS TO CONGRESSIONAL COMMIT-
7 TEES.—
8 (A) IN GENERAL.—Not later than 60 days
9 after the date of the enactment of this Act, the
10 Chief Executive Officer of the Corporation for
11 National and Community Service shall submit
12 to the congressional committees under subpara-
13 graph (B) a report on the results of the study
14 under paragraph (1) with recommendations on
15 the role for the Corporation for National and
16 Community Service in responding to the
17 COVID–19 national emergency, including any
18 recommendations for legislative, regulatory, and
19 administrative changes based on findings related
20 to the topics identified under subsection (b).
21 (B) CONGRESSIONAL COMMITTEES.—The
22 congressional committees under this subpara-
23 graph are—
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1 (i) the Committee on Education and
2 Labor and the Committee on Appropria-
3 tions of the House of Representatives; and
4 (ii) the Committee on Health, Edu-
5 cation, Labor, and Pensions and the Com-
6 mittee on Appropriations of the Senate.
7 (c) DEFINITIONS.—In this section, the following defi-
8 nitions apply:
9 (1) COVID–19 NATIONAL EMERGENCY.—The
10 term ‘‘COVID–19 national emergency’’ means the na-
11 tional emergency declared by the President under the
12 National Emergencies Act (50 U.S.C. 1601 et seq.) on
13 March 13, 2020, with respect to COVID–19.
14 (2) GRANTEE.—The term ‘‘grantee’’ means a re-
15 cipient of a grant under the Domestic Volunteer Serv-
16 ice Act of 1973 (42 U.S.C. 4950 et seq.) or the Na-
17 tional and Community Service Act of 1990 (42
18 U.S.C. 12501 et seq.) to run a program.
19 (3) POVERTY LINE FOR A SINGLE INDIVIDUAL.—
20 The term ‘‘poverty line for a single individual’’ has
21 the meaning given such term in section 421 of the Do-
22 mestic Volunteer Service Act of 1973 (42 U.S.C.
23 5061).
24 (4) PROGRAM.—The term ‘‘program’’ means a
25 program funded under the Domestic Volunteer Service
•HR 925 EAH
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1 Act of 1973 (42 U.S.C. 4950 et seq.) or the National
2 and Community Service Act of 1990 (42 U.S.C.
3 12501 et seq.).
4 (5) STATE COMMISSION.—The term ‘‘State Com-
5 mission’’ has the meaning given such term in section
6 101 of the National and Community Service Act (42
7 U.S.C. 12511).
8 SEC. 306. MATCHING FUNDS WAIVER FOR FORMULA
9 GRANTS AND SUBGRANTS UNDER THE FAM-
10 ILY VIOLENCE PREVENTION AND SERVICES
11 ACT.
12 (a) WAIVER OF MATCHING FUNDS FOR AWARDED
13 GRANTS AND SUBGRANTS.—The Secretary of Health and
14 Human Services shall waive—
15 (1) the non-Federal contributions requirement
16 under subsection (c)(4) of section 306 of the Family
17 Violence Prevention and Services Act (42 U.S.C.
18 10406) with respect to the grants and subgrants
19 awarded in fiscal years 2019, 2020, and 2021 to each
20 State (as defined in section 302 of such Act (42
21 U.S.C. 10402)) and the eligible entities within such
22 State under section 306 or 308 of such Act (42 U.S.C.
23 10406; 10408); and
•HR 925 EAH
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1 (2) the reporting requirements required under
2 such grants and subgrants that relate to such non-
3 Federal contributions requirement.
4 (b) WAIVER OF MATCHING FUNDS FOR GRANTS
5 AWARDED AFTER DATE OF ENACTMENT.—
6 (1) IN GENERAL.—Subsection (c)(4) of section
7 306 of the Family Violence Prevention and Services
8 Act (42 U.S.C. 10406) shall not apply to a qualified
9 grant during the period of a public health emergency
10 declared pursuant to section 319 of the Public Health
11 Service Act (42 U.S.C. 247d) resulting from the
12 COVID–19 pandemic.
13 (2) QUALIFIED GRANT DEFINED.—In this sub-
14 section, the term ‘‘qualified grant’’ means a grant or
15 subgrant awarded—
16 (A) after the date of the enactment of this
17 section; and
18 (B) under section 306, 308, or 309 of the
19 Family Violence Prevention and Services Act (42
20 U.S.C. 10406; 10408; 10409).
21 DIVISION E—SMALL BUSINESS
22 PROVISIONS
23 SEC. 100. SHORT TITLE, ETC.
24 (a) SHORT TITLE.—This division may be cited as the
25 ‘‘PPP and EIDL Enhancement Act of 2020’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for
2 this division is as follows:
Sec. 100. Short Title, etc.
TITLE I—FUNDING PROVISIONS
Sec. 101. Amount authorized for commitments.
Sec. 102. Funding for the paycheck protection program.
Sec. 103. Direct appropriations.
TITLE II—MODIFICATIONS TO THE PAYCHECK PROTECTION
PROGRAM
Sec. 201. Periods for loan forgiveness and application submission.
Sec. 202. Supplemental covered loans for certain business concerns.
Sec. 203. Certifications and documentation for forgiveness of covered loans.
Sec. 204. Eligibility of certain organizations for loans under the paycheck protec-
tion program.
Sec. 205. Limit on aggregate loan amount for eligible recipients with more than
one physical location.
Sec. 206. Allowable uses of covered loans; forgiveness.
Sec. 207. Documentation required for certain eligible recipients.
Sec. 208. Exclusion of certain publicly traded and foreign entities.
Sec. 209. Election of 12-week period by seasonal employers.
Sec. 210. Inclusion of certain refinancing in nonrecourse requirements.
Sec. 211. Credit elsewhere requirements.
Sec. 212. Prohibition on receiving duplicative amounts for payroll costs.
Sec. 213. Application of certain terms through life of covered loan.
Sec. 214. Interest calculation on covered loans.
Sec. 215. Reimbursement for processing.
Sec. 216. Duplication requirements for economic injury disaster loan recipients.
Sec. 217. Reapplication for and modification to paycheck protection program.
Sec. 218. Treatment of certain criminal violations.
TITLE III—TAX PROVISIONS
Sec. 301. Improved coordination between paycheck protection program and em-
ployee retention tax credit.
TITLE IV—COVID–19 ECONOMIC INJURY DISASTER LOAN PROGRAM
REFORM
Sec. 401. Sense of Congress.
Sec. 402. Notices to applicants for economic injury disaster loans or advances.
Sec. 403. Modifications to emergency EIDL advances.
Sec. 404. Data transparency, verification, and notices for economic injury dis-
aster loans.
Sec. 405. Lifeline funding for small business continuity, adaptation, and resil-
iency.
Sec. 406. Modifications to economic injury disaster loans.
Sec. 407. Principal and interest payments for certain disaster loans.
Sec. 408. Training.
Sec. 409. Outreach plan.
Sec. 410. Report on best practices.
Sec. 411. Extension of period of availability for administrative funds.
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TITLE V—MICRO-SBIC AND EQUITY INVESTMENT ENHANCEMENT
Sec. 501. Micro-SBIC Program.
TITLE VI—MISCELLANEOUS
Sec. 601. Repeal of unemployment grants.
Sec. 602. Subsidy for certain loan payments.
Sec. 603. Modifications to 7(a) loan programs.
Sec. 604. Flexibility in deferral of payments of 7(a) loans.
Sec. 605. Recovery assistance under the microloan program.
Sec. 606. Maximum loan amount for 504 loans.
Sec. 607. Temporary fee reductions.
Sec. 608. Extension of participation in 8(a) program.
Sec. 609. Report on minority, women, and rural lending.
Sec. 610. Comprehensive program guidance.
Sec. 611. Reports on paycheck protection program.
Sec. 612. Prohibiting conflicts of interest for small business programs under the
CARES Act.
Sec. 613. Inclusion of SCORE and Veteran Business Outreach Centers in entre-
preneurial development programs.
Sec. 614. Clarification of use of CARES Act funds for small business development
centers.
Sec. 615. Funding for the Office of Inspector General of the Small Business Ad-
ministration.
Sec. 616. Extension of waiver of matching funds requirement under the Women’s
Business Center program.
Sec. 617. Access to Small Business Administration information and databases.
Sec. 618. Small business local relief program.
Sec. 619. Grants for independent live venue operators.
1 (c) DEFINITIONS.—In this division:
2 (1) ADMINISTRATION.—The term ‘‘Administra-
3 tion’’ means the Small Business Administration.
4 (2) ADMINISTRATOR.—The term ‘‘Adminis-
5 trator’’ means the Administrator of the Small Busi-
6 ness Administration.
7 (d) EFFECTIVE DATE; APPLICABILITY.—Except as oth-
8 erwise provided in this division, this division and the
9 amendments made by this division shall take effect on the
10 date of the enactment of this Act and shall apply to loans
11 made, or other assistance provided, on or after the date of
12 the enactment of this Act.
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1 TITLE I—FUNDING PROVISIONS
2 SEC. 101. AMOUNT AUTHORIZED FOR COMMITMENTS.
3 Section 1102(b)(1) of the CARES Act (Public Law
4 116–136) is amended to read as follows:
5 ‘‘(1) PPP LOANS.—During the period beginning
6 on the date of enactment of this subsection and ending
7 on December 31, 2020, subject to the availability of
8 appropriations, the Administrator may make com-
9 mitments under paragraph (36) of section 7(a) of the
10 Small Business Act (15 U.S.C. 636(a)).’’.
11 SEC. 102. FUNDING FOR THE PAYCHECK PROTECTION PRO-
12 GRAM.
13 (a) IN GENERAL.—Section 7(a)(36)(S) of the Small
14 Business Act (15 U.S.C. 636(a)(36)(S)) is amended to read
15 as follows:
16 ‘‘(S) SET ASIDE FOR CERTAIN ENTITIES.—
17 The Administrator shall provide for the cost to
18 guarantee covered loans made under this para-
19 graph—
20 ‘‘(i) a set aside of not less than 10 per-
21 cent of each such amount for covered
22 loans—
23 ‘‘(I) made to eligible recipients
24 with 10 or fewer employees, including
25 individuals who operate under a sole
•HR 925 EAH
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1 proprietorship or as an independent
2 contractor and eligible self-employed
3 individuals; or
4 ‘‘(II) less than or equal to
5 $250,000 made to an eligible recipient
6 that is located in a low- or moderate-
7 income neighborhoods (as defined
8 under the Community Reinvestment
9 Act of 1977).
10 ‘‘(ii) a set aside of not more than 30
11 percent of each such amount for covered
12 loan made to nonprofit organizations, orga-
13 nizations described in subparagraph
14 (D)(viii), or housing cooperatives; and
15 ‘‘(iii) a set aside of not more than 50
16 percent of each such amount for supple-
17 mental covered loans made under subpara-
18 graph (B)(ii).’’.
19 (b) SET ASIDE FOR COMMUNITY FINANCIAL INSTITU-
20 TIONS.—Of amounts appropriated by the Paycheck Protec-
21 tion Program and Health Care Enhancement Act (Public
22 Law 116–139) under the heading ‘‘Small Business Admin-
23 istration—Business Loans Program Account, CARES Act’’
24 that have not been obligated or expended, the lesser of 25
25 percent of such amounts or $15,000,000,000 shall be set
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1 aside for the cost to guarantee covered loans made under
2 section 7(a)(36) of the Small Business Act (15 U.S.C.
3 636(a)(36)) by community financial institutions (as such
4 term is defined in subparagraph (A)(xi) of such section).
5 (c) AMOUNTS RETURNED.—Section 7(a)(36) of the
6 Small Business Act (15 U.S.C. 636(a)(36)) is amended by
7 adding at the end the following new subparagraph:
8 ‘‘(T) AMOUNTS RETURNED.—Any amounts
9 returned to the Secretary of the Treasury due to
10 the cancellation of a covered loan shall be solely
11 used for the cost to guarantee covered loans made
12 to eligible recipients with 10 or fewer employees
13 or covered loans of less than or equal to $250,000
14 made to an eligible recipient that is located in
15 a low- or moderate-income neighborhoods (as de-
16 fined under the Community Reinvestment Act of
17 1977).’’.
18 SEC. 103. DIRECT APPROPRIATIONS.
19 There is appropriated, out of amounts in the Treasury
20 not otherwise appropriated, for additional amounts—
21 (1) for the cost of carrying out section 407 of this
22 division, $8,000,000,000;
23 (2) for the cost of carrying out title V of this di-
24 vision, $1,000,000,000;
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1 (3) for the cost of carrying out section 603 and
2 607 of this division, $1,000,000,000;
3 (4) for the cost of carrying out section 605 of this
4 division, $57,000,000;
5 (5) for the cost of carrying out section 618 of this
6 division, $15,000,000,000; and
7 (6) for the cost of carrying out section 619 of this
8 division, $10,000,000,000.
9 TITLE II—MODIFICATIONS TO
10 THE PAYCHECK PROTECTION
11 PROGRAM
12 SEC. 201. PERIODS FOR LOAN FORGIVENESS AND APPLICA-
13 TION SUBMISSION.
14 (a) PERIOD FOR COSTS THAT ARE ELIGIBLE FOR
15 FORGIVENESS AND APPLICATION SUBMISSION.—Section
16 1106 of the CARES Act (15 U.S.C. 9005) is amended—
17 (1) in subsection (a), by striking paragraph (3)
18 and inserting the following:
19 ‘‘(3) the term ‘covered period’ means the period
20 beginning on the date of the origination of a covered
21 loan and ending on a date selected by the eligible re-
22 cipient of the covered loan that—
23 ‘‘(A) is not earlier than the date that is 8
24 weeks after such date of origination; and
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1 ‘‘(B) is not later than the date that is 24
2 weeks after such date of origination;’’;
3 (2) in subsection (d), by striking ‘‘December 31,
4 2020’’ each place it appears and inserting ‘‘Sep-
5 tember 30, 2021’’; and
6 (3) by striking subsection (l) and inserting the
7 following new subsection:
8 ‘‘(l) APPLICATION DEADLINE.—An eligible recipient
9 may apply for forgiveness under this section any time after
10 covered period if proceeds from a covered loan have been
11 spent and the eligible recipient is in compliance with sub-
12 sections (e) and (f).’’.
13 (b) APPLICABILITY OF AMENDMENTS.—The amend-
14 ments made by subsection (b) shall be effective as if included
15 in the CARES Act (Public Law 116–136) and shall apply
16 to any loan made pursuant to section 7(a)(36) of the Small
17 Business Act (15 U.S.C. 636(a)(36)) or section 1109 of the
18 CARES Act (15 U.S.C. 9008).
19 SEC. 202. SUPPLEMENTAL COVERED LOANS FOR CERTAIN
20 BUSINESS CONCERNS.
21 Section 7(a)(36)(B) of the Small Business Act (15
22 U.S.C. 636(a)(36)(B)) is amended—
23 (1) by striking ‘‘Except’’ and inserting the fol-
24 lowing:
25 ‘‘(i) IN GENERAL.—Except’’; and
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1 (2) by adding at the end the following new
2 clause:
3 ‘‘(ii) SUPPLEMENTAL COVERED
4 LOANS.—
5 ‘‘(I) DEFINITIONS.—In this
6 clause—
7 ‘‘(aa) the terms ‘exchange’,
8 ‘issuer’, and ‘security’ have the
9 meanings given such terms in sec-
10 tion 3(a) of the Securities Ex-
11 change Act of 1934 (15 U.S.C.
12 78c(a));
13 ‘‘(bb) the term ‘gross receipts’
14 means gross receipts within the
15 meaning of section 448(c) of the
16 Internal Revenue Code of 1986;
17 ‘‘(cc) the term ‘national secu-
18 rities exchange’ means an ex-
19 change registered as a national se-
20 curities exchange under section 6
21 of the Securities Exchange Act of
22 1934 (15 U.S.C. 78f);
23 ‘‘(dd) the term ‘publicly trad-
24 ed entity’ means an issuer, the se-
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1 curities of which are listed on a
2 national securities exchange;
3 ‘‘(ee) the term ‘smaller con-
4 cern’ means an eligible recipient
5 that—
6 ‘‘(AA) has not more
7 than 200 employees;
8 ‘‘(BB) operates under a
9 sole proprietorship or as an
10 independent contractor; or
11 ‘‘(CC) is an eligible self-
12 employed individual; and
13 ‘‘(ff) the term ‘significant
14 loss in revenue’ means that, due to
15 the impact of COVID–19—
16 ‘‘(AA) the gross receipts
17 of the eligible recipient dur-
18 ing the first, second, or third
19 calendar quarter of 2020 are
20 less than 75 percent of the
21 gross receipts of the eligible
22 recipient during the same
23 calendar quarter in 2019;
24 ‘‘(BB) if the eligible re-
25 cipient was not in business
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1 on April 1, 2019, the gross
2 receipts of the eligible recipi-
3 ent during any 2-month pe-
4 riod during the first 3 cal-
5 endar quarters of 2020 are
6 less than 75 percent of the
7 amount of the gross receipts
8 of the eligible recipient dur-
9 ing any prior 2-month pe-
10 riod during the first 3 cal-
11 endar quarters of 2020; or
12 ‘‘(CC) if the eligible re-
13 cipient is seasonal employer,
14 as determined by the Admin-
15 istrator, the gross receipts of
16 the eligible recipient during
17 any 2-month period during
18 the first 3 calendar quarters
19 of 2020 are less than 75 per-
20 cent of the amount of the
21 gross receipts of the eligible
22 recipient during the same 2-
23 month period in 2019.
24 ‘‘(II) AUTHORITY.—Except as
25 otherwise provided in this clause, for
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1 an eligible recipient that has received a
2 covered loan under clause (i), the Ad-
3 ministrator may guarantee a single
4 supplemental covered loan to the eligi-
5 ble recipient under the same terms,
6 conditions, and processes as a covered
7 loan made under clause (i).
8 ‘‘(III) CHOICE OF LENDER.—An
9 eligible recipient may apply for a sup-
10 plemental covered loan under this
11 clause with the lender that made the
12 covered loan under clause (i) to the eli-
13 gible recipient or another lender.
14 ‘‘(IV) ELIGIBILITY.—
15 ‘‘(aa) IN GENERAL.—A sup-
16 plemental covered loan under this
17 clause—
18 ‘‘(AA) may only be
19 made to an eligible recipient
20 that is a smaller concern that
21 has had a significant loss in
22 revenue and has used, or is
23 expending funds at a rate
24 that the eligible recipient will
25 use on or before the expected
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1 date of the disbursement of
2 the supplemental covered
3 loan under this clause, the
4 full amount of the covered
5 loan received under clause
6 (i); and
7 ‘‘(BB) may not be made
8 to a publicly traded entity.
9 ‘‘(bb) BUSINESS CONCERNS
10 WITH MORE THAN 1 PHYSICAL LO-
11 CATION.—
12 ‘‘(AA) IN GENERAL.—
13 For purposes of a supple-
14 mental covered loan under
15 this clause, subparagraph
16 (D)(iii) shall be applied by
17 substituting ‘not more than
18 200 employees per physical
19 location’ for ‘not more than
20 500 employees per physical
21 location’.
22 ‘‘(BB) LIMIT FOR MUL-
23 TIPLE LOCATIONS.—For an
24 eligible recipient with more
25 than 1 physical location, the
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1 total amount of all supple-
2 mental covered loans made
3 under this clause to the eligi-
4 ble recipient shall not be
5 more than $2,000,000.
6 ‘‘(V) MAXIMUM AMOUNT.—The
7 maximum amount of a supplemental
8 covered loan under this clause is the
9 lesser of—
10 ‘‘(aa) the product obtained
11 by multiplying—
12 ‘‘(AA) the average total
13 monthly payments for pay-
14 roll costs by the eligible re-
15 cipient used to determine the
16 maximum amount of the cov-
17 ered loan under clause (i)
18 made to the eligible recipient
19 under this paragraph, by
20 ‘‘(BB) 2.5; or
21 ‘‘(bb) $2,000,000.
22 ‘‘(VI) EXCEPTION FROM CERTAIN
23 CERTIFICATION REQUIREMENTS.—An
24 eligible recipient applying for a sup-
25 plemental covered loan under this
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1 clause shall not be required to make the
2 certification described in clauses (iii)
3 or (iv) of subparagraph (G).
4 ‘‘(VII) REIMBURSEMENT FOR
5 PROCESSING SUPPLEMENTAL PPP.—
6 For a supplemental covered loan under
7 this clause of less than or equal to
8 $50,000, the reimbursement under sub-
9 paragraph (P)(I) by the Administrator
10 shall not be less than $2,500.’’.
11 SEC. 203. CERTIFICATIONS AND DOCUMENTATION FOR
12 FORGIVENESS OF COVERED LOANS.
13 Section 1106 of the CARES Act (15 U.S.C. 9005) is
14 amended—
15 (1) in subsection (e), in the matter preceding
16 paragraph (1), by striking ‘‘An eligible recipient’’
17 and all that follows through ‘‘an application,’’ and
18 inserting ‘‘Subject to subsection (f), an eligible recipi-
19 ent applying for loan forgiveness under this section
20 shall provide proof of the use of covered loan pro-
21 ceeds,’’;
22 (2) by amending subsection (f) to read as follows:
23 ‘‘(f) DOCUMENTATION REQUIREMENTS.—To receive
24 loan forgiveness under this section, an eligible recipient
25 shall comply with the following requirements:
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1 ‘‘(1) With respect to a covered loan in an
2 amount less than or equal to $50,000, the eligible re-
3 cipient—
4 ‘‘(A) shall certify to the Administrator that
5 the eligible recipient has used proceeds from the
6 covered loan in compliance with the require-
7 ments of section 7(a)(36) of the Small Business
8 Act (15 U.S.C. 636(a)(36)), including a descrip-
9 tion of the amount of proceeds used for payroll
10 costs (as defined in such section) and the number
11 of employees the eligible recipient was able to re-
12 tain because of such covered loan;
13 ‘‘(B) is not required to submit any docu-
14 mentation or application to receive forgiveness
15 under this section;
16 ‘‘(C) shall certify to the Administrator that
17 the eligible recipient can make the documenta-
18 tion described under subsection (e) available,
19 upon request, for a period of time determined by
20 the Administrator, which period shall be not less
21 than 3 years; and
22 ‘‘(D) may submit to the Administrator de-
23 mographic information of the owner of the eligi-
24 ble recipient, including the sex, race, ethnicity,
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1 and veteran status of the owner, through a proc-
2 ess established by the Administrator.
3 ‘‘(2) With respect to a covered loan in an
4 amount greater than $50,000 but less than or equal
5 to $150,000, the eligible recipient—
6 ‘‘(A) shall submit to the lender that is serv-
7 icing the covered loan the certification described
8 in paragraph (1)(A) and a simplified one-page
9 application form that does not require the sub-
10 mission of any documentation described under
11 subsection (e);
12 ‘‘(B) shall make the certification described
13 in paragraph (1)(C); and
14 ‘‘(C) may submit to the Administrator de-
15 mographic information of the owner of the eligi-
16 ble recipient, including the sex, race, ethnicity,
17 and veteran status of the owner, as established by
18 the Administrator on the application form de-
19 scribed in subparagraph (A).
20 ‘‘(3) With respect to a covered loan in an
21 amount greater than $150,000, the eligible recipient
22 shall submit to the lender that is servicing the covered
23 loan the documentation described under subsection
24 (e).’’; and
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1 (3) by amending subsection (g) to read as fol-
2 lows:
3 ‘‘(g) LENDER SUBMISSION.—Not later than 60 days
4 after the date on which a lender receives an application
5 for loan forgiveness under this section from an eligible re-
6 cipient, the lender shall only be required to review the ap-
7 plication to ensure completion, including that required at-
8 testations have been made, before submitting such applica-
9 tion to the Administrator.’’.
10 SEC. 204. ELIGIBILITY OF CERTAIN ORGANIZATIONS FOR
11 LOANS UNDER THE PAYCHECK PROTECTION
12 PROGRAM.
13 Section 7(a)(36) of the Small Business Act (15 U.S.C.
14 636(a)(36))—
15 (1) in subparagraph (A)—
16 (A) in clause (vii), by inserting ‘‘covered’’
17 before ‘‘nonprofit’’;
18 (B) in clause (viii)(II)—
19 (i) in item (dd), by striking ‘‘or’’ at
20 the end;
21 (ii) in item (ee), by inserting ‘‘or’’ at
22 the end; and
23 (iii) by adding at the end the following
24 new item:
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1 ‘‘(ff) any compensation of an
2 employee who is a registered lob-
3 byist under the Lobbying Disclo-
4 sure Act of 1995;’’;
5 (C) by amending clause (ix) to read as fol-
6 lows:
7 ‘‘(ix) the term ‘covered organization’
8 means—
9 ‘‘(I) an organization described in
10 section 501(c) of the Internal Revenue
11 Code of 1986 and exempt from tax
12 under section 501(a) of such Code that
13 is not a covered nonprofit organiza-
14 tion;
15 ‘‘(II) an entity created by a State
16 or local government that derives the
17 majority of its operating budget from
18 the production of live events; or
19 ‘‘(III) a destination marketing or-
20 ganization;’’;
21 (D) in clause (xi)(IV), by striking ‘‘and’’ at
22 the end;
23 (E) in clause (xii), by striking the period at
24 the end and inserting a semicolon; and
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1 (F) by adding at the end the following new
2 clauses:
3 ‘‘(xiii) the term ‘housing cooperative’
4 means a cooperative housing corporation
5 (as defined in section 216(b) of the Internal
6 Revenue Code of 1986); and
7 ‘‘(xiv) the term ‘destination marketing
8 organization’ means a nonprofit entity that
9 is not an organization described in section
10 501(c)(6) of the Internal Revenue Code of
11 1986 and exempt from tax under section
12 501(a) of such Code, a State, or a political
13 subdivision of a State (including any in-
14 strumentality of such entities) engaged in
15 marketing and promoting communities and
16 facilities to businesses and leisure travelers
17 through a range of activities, including—
18 ‘‘(I) assisting with the location of
19 meeting and convention sites;
20 ‘‘(II) providing travel information
21 on area attractions, lodging accom-
22 modations, and restaurants;
23 ‘‘(III) providing maps; and
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1 ‘‘(IV) organizing group tours of
2 local historical, recreational, and cul-
3 tural attractions.’’; and
4 (2) in subparagraph (D)—
5 (A) in clause (i)—
6 (i) by inserting ‘‘covered’’ before ‘‘non-
7 profit organization’’ each place it appears;
8 and
9 (ii) by striking ‘‘veterans organiza-
10 tion’’ each place it appears and inserting
11 ‘‘housing cooperative’’;
12 (B) in clause (iii)—
13 (i) by amended the clause heading to
14 read as follows: ‘‘REQUIREMENTS FOR RES-
15 TAURANTS AND CERTAIN NEWS ORGANIZA-
16 TIONS’’;
17 (ii) by striking ‘‘During the covered
18 period, any business concern that employs’’
19 and inserting the following: ‘‘Any business
20 concern that—
21 ‘‘(I) during the covered period,
22 employs’’;
23 (iii) in subclause (I), as so designated,
24 by striking the period at the end and insert-
25 ing a semicolon; and
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1 (iv) by adding at the end the following
2 new subclauses:
3 ‘‘(II) was not eligible to receive a
4 covered loan the day before the date of
5 the enactment of this subclause, is as-
6 signed a North American Industry
7 Classification System code beginning
8 with 511110, 515112, or 515120, and
9 an individual physical location of the
10 business concern at the time of dis-
11 bursal does not exceed the size standard
12 established by the Administrator for
13 the applicable code shall be eligible to
14 receive a covered loan for expenses as-
15 sociated with an individual physical
16 location of that business concern to
17 support the continued provision of
18 local news, information, content, or
19 emergency information, and, at the
20 time of disbursal, the individual phys-
21 ical location; or
22 ‘‘(III) was not eligible to receive a
23 covered loan the day before the date of
24 the enactment of this subclause, is as-
25 signed a North American Industry
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1 Classification System code of 519130,
2 is identified as a Internet-only news
3 publisher or Internet-only periodical
4 publisher, and is engaged in the collec-
5 tion and distribution of local or re-
6 gional and national news and infor-
7 mation shall be eligible to receive a
8 covered loan for expenses to support the
9 continued provision of news, informa-
10 tion, content, or emergency informa-
11 tion.’’;
12 (C) in clause (iv)—
13 (i) in subclause (II), by striking ‘‘and’’
14 at the end;
15 (ii) in subclause (III), by striking the
16 period at the end and inserting ‘‘; and’’;
17 and
18 (iii) by adding at the end the following
19 new subclause:
20 ‘‘(IV) an individual physical loca-
21 tion of a business concern described in
22 clause (iii)(II), if such concern does
23 not pay, distribute, or otherwise pro-
24 vide any portion of the covered loan to
25 any other entity other than the indi-
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1 vidual physical location that is the in-
2 tended recipient of the covered loan.’’;
3 (D) in clause (v), by striking ‘‘nonprofit or-
4 ganization, veterans organization,’’ and insert-
5 ing ‘‘covered organization, covered nonprofit or-
6 ganization, housing cooperative,’’;
7 (E) in clause (vi), by striking ‘‘nonprofit
8 organization and a veterans organization’’ and
9 inserting ‘‘covered organization, a covered non-
10 profit organization, and a housing cooperative’’;
11 and
12 (F) by adding at the end the following new
13 clauses:
14 ‘‘(vii) ADDITIONAL REQUIREMENTS
15 FOR COVERED ORGANIZATIONS AND COV-
16 ERED NONPROFIT ORGANIZATIONS.—
17 ‘‘(I) LOBBYING RESTRICTION.—
18 During the covered period, a covered
19 organization that employs less than
20 500 employees shall be eligible to re-
21 ceive a covered loan if—
22 ‘‘(aa) the covered organiza-
23 tion does not receive more than 10
24 percent of its receipts from lob-
25 bying activities; and
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1 ‘‘(bb) the lobbying activities
2 of the covered organization do not
3 comprise more than 10 percent of
4 the total activities of the covered
5 organization.
6 ‘‘(II) LARGER ORGANIZATIONS.—
7 During the covered period, a covered
8 nonprofit organization that employs
9 500 employees or more, or a covered
10 organization that meets the require-
11 ments of items (aa) and (bb) of sub-
12 clause (I) and employs 500 employees
13 or more, shall be eligible to receive a
14 covered loan if such covered nonprofit
15 organization or covered organization
16 has had a significant loss in revenue
17 (as defined in subparagraph
18 (B)(ii)(I)(ff)).
19 ‘‘(viii) INCLUSION OF CRITICAL ACCESS
20 HOSPITALS.—During the covered period,
21 any covered organization that is a critical
22 access hospital (as defined in section
23 1861(mm) of the Social Security Act (42
24 U.S.C. 1395x(mm))) shall be eligible to re-
25 ceive a covered loan, regardless of the status
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1 of such a hospital as a debtor in a case
2 under chapter 11 of title 11, Unites States
3 Code, or the status of any debts owed by
4 such a hospital to the Federal Government.
5 ‘‘(ix) ADDITIONAL REQUIREMENTS FOR
6 NEWS BROADCAST ENTITIES.—
7 ‘‘(I) IN GENERAL.—With respect
8 to an individual physical location of a
9 business concern described in clause
10 (iii)(II), each such location shall be
11 treated as an independent, non-
12 affiliated entity for purposes of this
13 paragraph. A parent company, invest-
14 ment company, or management com-
15 pany of one or more physical locations
16 of a business concern described in
17 clause (iii)(II) shall not be eligible for
18 a covered loan.
19 ‘‘(II) DEMONSTRATION OF
20 NEED.—Any such location that is a
21 franchise or affiliate of, or owned or
22 controlled by a parent company, in-
23 vestment company, or the management
24 thereof, shall demonstrate, upon request
25 of the Administrator, the need for a
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1 covered loan to support the continued
2 provision of local news, information,
3 content, or emergency information,
4 and, at the time of disbursal, the indi-
5 vidual physical location.’’.
6 SEC. 205. LIMIT ON AGGREGATE LOAN AMOUNT FOR ELIGI-
7 BLE RECIPIENTS WITH MORE THAN ONE
8 PHYSICAL LOCATION.
9 Section 7(a)(36)(E) of the Small Business Act (15
10 U.S.C. 636(a)(36)(E)) is amended by adding at the end the
11 following flush matter:
12 ‘‘With respect to an eligible recipient with more
13 than 1 physical location, the total amount of all
14 covered loans made under this clause to the eligi-
15 ble recipient shall not be more than
16 $10,000,000.’’.
17 SEC. 206. ALLOWABLE USES OF COVERED LOANS; FORGIVE-
18 NESS.
19 (a) PAYCHECK PROTECTION PROGRAM.—Section
20 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36))
21 is amended—
22 (1) in subparagraph (G)—
23 (A) in the subparagraph heading, by strik-
24 ing ‘‘BORROWER REQUIREMENTS’’ and all that
25 follows through ‘‘eligible recipient applying’’ and
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1 inserting ‘‘BORROWER CERTIFICATION REQUIRE-
2 MENTS.—An eligible recipient applying’’;
3 (B) by redesignating subclauses (I) through
4 (IV) as clauses (i) through (iv), respectively; and
5 (C) in clause (ii), as so redesignated, by
6 striking ‘‘to retain workers’’ and all that follows
7 through ‘‘utility payments’’ and inserting ‘‘for
8 an allowable use described in subparagraph
9 (F)’’;
10 (2) in subparagraph (F)(i)—
11 (A) in subclause (VI), by striking ‘‘and’’ at
12 the end;
13 (B) in subclause (VII), by striking the pe-
14 riod at the end and inserting a semicolon; and
15 (C) by adding at the end the following new
16 subclauses:
17 ‘‘(VIII) costs related to the provi-
18 sion of personal protective equipment
19 for employees or other equipment or
20 supplies determined by the employer to
21 be necessary to protect the health and
22 safety of employees and the general
23 public;
24 ‘‘(IX) payments for inventory,
25 raw materials, or supplies; and
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1 ‘‘(X) costs related to property
2 damage, vandalism, or looting due to
3 public disturbances that occurred dur-
4 ing 2020 that was not covered by in-
5 surance or other compensation.’’.
6 (b) FORGIVENESS.—
7 (1) DEFINITION OF EXPECTED FORGIVENESS
8 AMOUNT.—Section 1106(a)(7) of the CARES Act (15
9 U.S.C. 9005(a)(7)) is amended—
10 (A) in subparagraph (C), by striking ‘‘and’’
11 at the end;
12 (B) in subparagraph (D), by striking ‘‘and’’
13 at the end; and
14 (C) by adding at the end the following new
15 subparagraphs:
16 ‘‘(E) interest on any other debt obligations
17 that were incurred before the covered period;
18 ‘‘(F) any amount that was a loan made
19 under subsection (b)(2) that was refinanced as
20 part of a covered loan and authorized by section
21 7(a)(36)(F)(iv) of the Small Business Act;
22 ‘‘(G) payments made for the provision of
23 personal protective equipment for employees or
24 other equipment or supplies determined by the
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1 employer to be necessary to protect the health
2 and safety of employees and the general public;
3 ‘‘(H) payments made for inventory, raw
4 materials, or supplies; and
5 ‘‘(I) payments related to property damage,
6 vandalism, or looting due to public disturbances
7 that occurred during 2020 that was not covered
8 by insurance or other compensation; and’’.
9 (2) FORGIVENESS.—Section 1106(b) of the
10 CARES Act (15 U.S.C. 9005(b)), is amended by add-
11 ing at the end the following new paragraphs:
12 ‘‘(5) Any payment of interest on any other debt
13 obligations that were incurred before the covered pe-
14 riod.
15 ‘‘(6) Any amount that was a loan made under
16 section 7(b)(2) of the Small Business Act that was re-
17 financed as part of a covered loan and authorized by
18 section 7(a)(36)(F)(iv) of such Act.
19 ‘‘(7) Any payment made for the provision of per-
20 sonal protective equipment for employees or other
21 equipment or supplies determined by the employer to
22 be necessary to protect the health and safety of em-
23 ployees.
24 ‘‘(8) Any payment made for inventory, raw ma-
25 terials, or supplies.
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1 ‘‘(9) Any payments related to property damage,
2 vandalism, or looting due to public disturbances that
3 occurred during 2020 that was not covered by insur-
4 ance or other compensation.’’.
5 (3) CONFORMING AMENDMENTS.—Section 1106
6 of the CARES Act (15 U.S.C. 9005) is amended—
7 (A) in subsection (e), as amended by section
8 203—
9 (i) in paragraph (2), by striking ‘‘pay-
10 ments on covered mortgage obligations, pay-
11 ments on covered lease obligations, and cov-
12 ered utility payments’’ and inserting ‘‘pay-
13 ments or amounts refinanced described
14 under subsection (b) (other than payroll
15 costs)’’; and
16 (ii) in paragraph (3)(B), by striking
17 ‘‘, make interest payments’’ and all that fol-
18 lows through ‘‘or make covered utility pay-
19 ments’’ and inserting ‘‘, make payments de-
20 scribed under subsection (b), or that was re-
21 financed as part of a covered loan and au-
22 thorized by section 7(a)(36)(F)(iv) of the
23 Small Business Act’’; and
24 (B) in subsection (h), by striking ‘‘pay-
25 ments for payroll costs, payments on covered
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1 mortgage obligations, payments on covered lease
2 obligations, or covered utility payments’’ each
3 place it appears and inserting ‘‘payments or
4 amounts refinanced described under subsection
5 (b)’’.
6 SEC. 207. DOCUMENTATION REQUIRED FOR CERTAIN ELIGI-
7 BLE RECIPIENTS.
8 Section 7(a)(36)(D)(ii)(II) of the Small Business Act
9 (15 U.S.C. 636(a)(36)(D)(ii)(II)) is amended by striking
10 ‘‘as is necessary’’ and all that follows through the period
11 at the end and inserting ‘‘as determined necessary by the
12 Administrator and the Secretary, to establish such indi-
13 vidual as eligible.’’.
14 SEC. 208. EXCLUSION OF CERTAIN PUBLICLY TRADED AND
15 FOREIGN ENTITIES.
16 Section 7(a)(36)(D) of the Small Business Act (15
17 U.S.C. 636(a)(36)(D)), as amended by section 204 is fur-
18 ther amended by adding at the end the following new clause:
19 ‘‘(x) EXCLUSION OF CERTAIN PUBLICLY
20 TRADED AND FOREIGN ENTITIES.—Effective
21 on the date of the enactment of this clause—
22 ‘‘(I) an issuer, the securities of
23 which are traded on a national securi-
24 ties exchange, is not eligible to receive
25 a covered loan under this section; and
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1 ‘‘(II) an entity that is 51 percent
2 or more owned by a foreign person, or
3 the management and daily business
4 operations of which are controlled by a
5 foreign person (excluding an entity
6 owned and controlled by a person dom-
7 iciled in a territory or possession of the
8 United States), is not eligible to receive
9 a covered loan under this section.’’.
10 SEC. 209. ELECTION OF 12-WEEK PERIOD BY SEASONAL EM-
11 PLOYERS.
12 Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small Busi-
13 ness Act (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amend-
14 ed by striking ‘‘an applicant’’ and all that follows through
15 ‘‘June 30, 2019’’ and inserting the following: ‘‘an applicant
16 that is a seasonal employer, as determined by the Adminis-
17 trator, shall use the average total monthly payments for
18 payroll for any 12-week period selected by the seasonal em-
19 ployer between February 15, 2019, and December 31,
20 2019’’.
21 SEC. 210. INCLUSION OF CERTAIN REFINANCING IN NON-
22 RECOURSE REQUIREMENTS.
23 Section 7(a)(36)(F)(v) of the Small Business Act (15
24 U.S.C. 636(a)(36)(F)(v)) is amended by striking ‘‘clause
25 (i)’’ and inserting ‘‘clauses (i) and (iv)’’.
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1 SEC. 211. CREDIT ELSEWHERE REQUIREMENTS.
2 Section 7(a)(36)(I) of the Small Business Act (15
3 U.S.C. 636(a)(36)(I)) is amended to read as follows:
4 ‘‘(I) CREDIT ELSEWHERE.—The require-
5 ment that a small business concern is unable to
6 obtain credit elsewhere (as defined in section
7 3(h))—
8 ‘‘(i) shall not apply to a covered loan
9 approved by the Administrator before the
10 date of enactment of this subparagraph; and
11 ‘‘(ii) shall only apply to covered loans
12 in an amount greater than $350,000 ap-
13 proved by the Administrator on or after the
14 date of the enactment of this subpara-
15 graph.’’.
16 SEC. 212. PROHIBITION ON RECEIVING DUPLICATIVE
17 AMOUNTS FOR PAYROLL COSTS.
18 (a) PAYCHECK PROTECTION PROGRAM.—Clause (iv) of
19 section 7(a)(36)(G) of the Small Business Act (15 U.S.C.
20 636(a)(36)(G)), as redesignated by section 206, is amend-
21 ed—
22 (1) by striking ‘‘December 31, 2020’’ and insert-
23 ing ‘‘June 30, 2020’’; and
24 (2) by striking ‘‘the same purpose and’’ and in-
25 serting ‘‘payments for payroll costs incurred during
26 such period’’.
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1 (b) TREASURY PROGRAM.—Section 1109(f) of the
2 CARES Act (15 U.S.C. 9008(f)) is amended—
3 (1) in paragraph (1), by striking ‘‘for the same
4 purpose’’ and inserting ‘‘for payments for payroll
5 costs (as defined in section 7(a)(36)(A)(viii) of the
6 Small Business Act (15 U.S.C. 636(a)(36)(A)(viii))’’;
7 and
8 (2) in paragraph (2), by striking ‘‘December 31,
9 2020’’ and inserting ‘‘June 30, 2020’’.
10 SEC. 213. APPLICATION OF CERTAIN TERMS THROUGH LIFE
11 OF COVERED LOAN.
12 Section 7(a)(36) of the Small Business Act (15 U.S.C.
13 636(a)(36)) is amended—
14 (1) in subparagraph (H), by striking ‘‘During
15 the covered period, with’’ and inserting ‘‘With’’;
16 (2) in subparagraph (J), by striking ‘‘During
17 the covered period, with’’ and inserting ‘‘With’’;
18 (3) in subparagraph (M)—
19 (A) in clause (ii), by striking ‘‘During the
20 covered period, the’’ and inserting ‘‘The’’; and
21 (B) in clause (iii), by striking ‘‘During the
22 covered period, with’’ and inserting ‘‘With’’.
23 SEC. 214. INTEREST CALCULATION ON COVERED LOANS.
24 Section 7(a)(36)(L) of the Small Business Act (15
25 U.S.C. 636(a)(36)(L)) is amended by inserting ‘‘, calculated
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1 on a non-compounding, non-adjustable basis’’ after ‘‘4 per-
2 cent’’.
3 SEC. 215. REIMBURSEMENT FOR PROCESSING.
4 Section 7(a)(36)(P) of the Small Business Act (15
5 U.S.C. 636(a)(36)(P)) is amended—
6 (1) in clause (ii), by inserting at the end the fol-
7 lowing: ‘‘Such fees shall be paid by the eligible recipi-
8 ent and may not be paid out of the proceeds of a cov-
9 ered loan. A lender shall only be responsible for pay-
10 ing fees to an agent for services for which such lender
11 directly contracts with such agent.’’; and
12 (2) by amending clause (iii) to read as follows:
13 ‘‘(iii) TIMING.—A reimbursement de-
14 scribed in clause (i) shall be made not later
15 than 5 days after the reported disbursement
16 of the covered loan and may not be required
17 to be repaid by a lender unless the lender is
18 found guilty of an act of fraud in connec-
19 tion with the covered loan.’’.
20 SEC. 216. DUPLICATION REQUIREMENTS FOR ECONOMIC
21 INJURY DISASTER LOAN RECIPIENTS.
22 Section 7(a)(36)(Q) of the Small Business Act (15
23 U.S.C. 636(a)(36)(Q)) is amended by striking ‘‘during the
24 period beginning on January 31, 2020, and ending on the
25 date on which covered loans are made available’’.
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1 SEC. 217. REAPPLICATION FOR AND MODIFICATION TO PAY-
2 CHECK PROTECTION PROGRAM.
3 Not later than 7 days after the date of the enactment
4 of this Act, the Administrator shall issue rules or guidance
5 to ensure that an eligible recipient of a covered loan made
6 under section 7(a)(36) of the Small Business Act (15 U.S.C.
7 636(a)(36)) that returns amounts disbursed under such cov-
8 ered loan or does not accept the full amount of such covered
9 loan for which such eligible recipient was approved—
10 (1) in the case of an eligible recipient that re-
11 turned all or part of a covered loan, such eligible re-
12 cipient may reapply for a covered loan for an amount
13 equal to the difference between the amount retained
14 and the maximum amount applicable; and
15 (2) in the case of an eligible recipient that did
16 not accept the full amount of a covered loan, such eli-
17 gible recipient may request a modification to increase
18 the amount of the covered loan to the maximum
19 amount applicable, subject to the requirements of such
20 section 7(a)(36).
21 SEC. 218. TREATMENT OF CERTAIN CRIMINAL VIOLATIONS.
22 (a) IN GENERAL.—Section 7(a)(36) of the Small Busi-
23 ness Act (15 U.S.C. 636(a)(36)), as amended by section 101,
24 is further amended by adding at the end the following new
25 subparagraph:
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1 ‘‘(U) TREATMENT OF CERTAIN CRIMINAL
2 VIOLATIONS.—
3 ‘‘(i) FINANCIAL FRAUD OR DECEP-
4 TION.—A entity that is a business, organi-
5 zation, cooperative, or enterprise may not
6 receive a covered loan if an owner of 20
7 percent or more of the equity of such entity,
8 during the 5-year period preceding the date
9 on which such entity applies for a covered
10 loan, has been convicted of a felony of fi-
11 nancial fraud or deception under Federal,
12 State, or Tribal law.
13 ‘‘(ii) ARRESTS OR CONVICTIONS.—An
14 entity that is a business, organization, co-
15 operative, or enterprise shall be an eligible
16 recipient notwithstanding a prior arrest or
17 conviction under Federal, State, or Tribal
18 law of an owner of 20 percent or more of
19 the equity of such entity, unless such owner
20 is currently incarcerated.
21 ‘‘(iii) WAIVER.—The Administrator
22 may waive the requirements of clause (i).’’.
23 (b) RULEMAKING.—Not later than 15 days after the
24 date of enactment of this Act, the Administrator shall make
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1 necessary revisions to any rules to carry out the amendment
2 made by this section.
3 TITLE III—TAX PROVISIONS
4 SEC. 301. IMPROVED COORDINATION BETWEEN PAYCHECK
5 PROTECTION PROGRAM AND EMPLOYEE RE-
6 TENTION TAX CREDIT.
7 (a) AMENDMENT TO PAYCHECK PROTECTION PRO-
8 GRAM.—Section 1106(a)(8) of the CARES Act (15 U.S.C.
9 9005(a)(8)) is amended by inserting ‘‘, except that such
10 costs shall not include qualified wages taken into account
11 in determining the credit allowed under section 2301 of this
12 Act’’ before the period at the end.
13 (b) AMENDMENTS TO EMPLOYEE RETENTION TAX
14 CREDIT.—
15 (1) IN GENERAL.—Section 2301(g) of the
16 CARES Act (Public Law 116–136; 26 U.S.C. 3111
17 note) is amended to read as follows:
18 ‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO
19 ACCOUNT.—
20 ‘‘(1) IN GENERAL.—This section shall not apply
21 to so much of the qualified wages paid by an eligible
22 employer as such employer elects (at such time and
23 in such manner as the Secretary may prescribe) to
24 not take into account for purposes of this section.
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1 ‘‘(2) COORDINATION WITH PAYCHECK PROTEC-
2 TION PROGRAM.—The Secretary, in consultation with
3 the Administrator of the Small Business Administra-
4 tion, shall issue guidance providing that payroll costs
5 paid or incurred during the covered period shall not
6 fail to be treated as qualified wages under this section
7 by reason of an election under paragraph (1) to the
8 extent that a covered loan of the eligible employer is
9 not forgiven by reason of a decision under section
10 1106(g). Terms used in the preceding sentence which
11 are also used in section 1106 shall have the same
12 meaning as when used in such section.’’.
13 (2) CONFORMING AMENDMENTS.—
14 (A) Section 2301 of the CARES Act (Public
15 Law 116–136; 26 U.S.C. 3111 note) is amended
16 by striking subsection (j).
17 (B) Section 2301(l) of the CARES Act
18 (Public Law 116–136; 26 U.S.C. 3111 note) is
19 amended by striking paragraph (3) and by re-
20 designating paragraphs (4) and (5) as para-
21 graphs (3) and (4), respectively.
22 (c) EFFECTIVE DATE.—The amendments made by this
23 section shall take effect as if included in the provisions of
24 the CARES Act (Public Law 116–136) to which they relate.
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1 TITLE IV—COVID–19 ECONOMIC
2 INJURY DISASTER LOAN PRO-
3 GRAM REFORM
4 SEC. 401. SENSE OF CONGRESS.
5 It is the sense of Congress that—
6 (1) many businesses that have received economic
7 injury disaster loans under section 7(b)(2) of the
8 Small Business Act (15 U.S.C. 636(b)) continue to
9 suffer from the effects of the COVID–19 pandemic and
10 may not be in a position to make payments in the
11 near term;
12 (2) the Administrator of the Small Business Ad-
13 ministration has the authority under the Small Busi-
14 ness Act (15 U.S.C. 631 et seq.) to reduce the interest
15 charged on loans and to offer borrowers up to 4 years
16 of deferment on the payment of interest and prin-
17 cipal; and
18 (3) the Congress encourages the Administrator of
19 the Small Business Administration to use this discre-
20 tion to provide relief to the hardest hit small busi-
21 nesses that have received or will receive direct loans
22 from the Administration under section 7(b)(2) of the
23 Small Business Act (15 U.S.C. 636(b)(2)).
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1 SEC. 402. NOTICES TO APPLICANTS FOR ECONOMIC INJURY
2 DISASTER LOANS OR ADVANCES.
3 Section 7(b)(11) of the Small Business Act (15 U.S.C.
4 636(b)(11) is amended—
5 (1) by striking ‘‘The Administrator’’ and insert-
6 ing the following:
7 ‘‘(A) IN GENERAL.—The Administrator’’;
8 and
9 (2) by adding at the end the following new sub-
10 paragraphs:
11 ‘‘(B) ACCEPTANCE CRITERIA AND QUALI-
12 FICATIONS.—In carrying out subparagraph (A),
13 the Administrator shall—
14 ‘‘(i) publish on the website of the Ad-
15 ministration a description of the rules
16 issued with respect to a loan made under
17 this subsection, which shall be clear and
18 easy to understand; and
19 ‘‘(ii) upon receiving an application for
20 a loan under this subsection, provide to the
21 loan applicant the description described in
22 clause (i).
23 ‘‘(C) RIGHT TO EXPLANATION OF DECLINED
24 LOAN OR ADVANCE.—
25 ‘‘(i) IN GENERAL.—The Administrator
26 shall—
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1 ‘‘(I) provide all applicants for a
2 loan under this subsection or an ad-
3 vance under section 1110(e) of the
4 CARES Act for which the loan or ad-
5 vance application was fully or par-
6 tially denied with a complete written
7 application of the reason for the denial
8 at the time the decision is made;
9 ‘‘(II) establish a dedicated tele-
10 phonic information line and e-mail
11 address to respond to further inquiries
12 about denied applications described in
13 subclause (I); and
14 ‘‘(III) before fully or partially de-
15 nying an application for a loan under
16 this subsection or an advance under
17 such section 1110(e) because the appli-
18 cant submitted incomplete informa-
19 tion—
20 ‘‘(aa) contact the applicant
21 and give the applicant the oppor-
22 tunity to provide that informa-
23 tion; and
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1 ‘‘(bb) reconsider the applica-
2 tion with any additional informa-
3 tion provided.
4 ‘‘(ii) SUBMISSION OF ADDITIONAL IN-
5 FORMATION.—An applicant for a loan
6 under this subsection or an advance under
7 section 1110(e) of the CARES Act that can
8 remedy the grounds for denial of the appli-
9 cation by submitting additional informa-
10 tion under clause (i)(III)—
11 ‘‘(I) shall have the opportunity to
12 do so directly with a loan officer; and
13 ‘‘(II) shall not be required to seek
14 a remedy through the appeals process
15 of the Administration.’’.
16 SEC. 403. MODIFICATIONS TO EMERGENCY EIDL ADVANCES.
17 Section 1110(e)(1) of division A of the CARES Act (15
18 U.S.C. 90009(e)) is amended to read as follows:
19 ‘‘(1) IN GENERAL.—During the covered period,
20 an entity included for eligibility in subsection (b), in-
21 cluding small business concerns, private nonprofit or-
22 ganizations, and small agricultural cooperatives, that
23 applies for a loan under section 7(b)(2) of the Small
24 Business Act (15 U.S.C. 636(b)(2)) in response to
25 COVID–19 shall be provided an advance that is, sub-
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1 ject to paragraph (3), disbursed within 3 days after
2 the Administrator receives an application from such
3 entity, unless the advance is specifically declined by
4 such entity.’’.
5 SEC. 404. DATA TRANSPARENCY, VERIFICATION, AND NO-
6 TICES FOR ECONOMIC INJURY DISASTER
7 LOANS.
8 (a) IN GENERAL.—Section 1110 of the CARES Act (15
9 U.S.C. 9009) is amended—
10 (1) by redesignating subsection (f) as subsection
11 (j); and
12 (2) by inserting after subsection (e) the following
13 new subsections:
14 ‘‘(f) DATA TRANSPARENCY.—
15 ‘‘(1) IN GENERAL.—In this subsection, the term
16 ‘covered application’ means an application submitted
17 to the Administrator for a loan under section 7(b)(2)
18 of the Small Business Act (15 U.S.C. 636(b)(2)), in-
19 cluding an application for such a loan submitted by
20 an eligible entity.
21 ‘‘(2) WEEKLY REPORTS.—Not later than 1 week
22 after the date of enactment of this subsection, and
23 weekly thereafter until the end of the covered period,
24 the Administrator shall publish on the website of the
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1 Administration a report that contains the following
2 information:
3 ‘‘(A) For the week covered by the report, the
4 number of covered applications that the Admin-
5 istrator—
6 ‘‘(i) received;
7 ‘‘(ii) processed; and
8 ‘‘(iii) approved and rejected, including
9 the percentage of covered applications that
10 the Administrator approved.
11 ‘‘(B) With respect to the covered applica-
12 tions that the Administrator approved during
13 that week, the number and dollar amount of the
14 loans made with respect to such applications as
15 part of a response to COVID–19.
16 ‘‘(C) The identification number, or other in-
17 dicator showing the order in which any applica-
18 tion was received and intended to be processed,
19 for the most recent covered application processed
20 by the Administrator.
21 ‘‘(D) Demographic data with respect to ap-
22 plicants submitting covered applications during
23 the week covered by the report and loans made
24 pursuant to covered applications during the week
25 covered by the report, which shall include—
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1 ‘‘(i) with respect to each such appli-
2 cant or loan recipient, as applicable, infor-
3 mation regarding—
4 ‘‘(I) the geographic area in which
5 the applicant or loan recipient oper-
6 ates;
7 ‘‘(II) if applicable, the sex, race,
8 and ethnicity of each owner of the ap-
9 plicant or loan recipient, which the in-
10 dividual may decline to provide;
11 ‘‘(III) the annual revenue of the
12 applicant or loan recipient;
13 ‘‘(IV) the number of employees
14 employed by the applicant or loan re-
15 cipient;
16 ‘‘(V) whether the applicant or
17 loan recipient is a for-profit or non-
18 profit entity; and
19 ‘‘(VI) the industry in which the
20 applicant or loan recipient operates;
21 ‘‘(ii) the number of such loans made to
22 agricultural enterprises; and
23 ‘‘(iii) the average economic injury suf-
24 fered by—
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1 ‘‘(I) applicants, the covered appli-
2 cations of which the Administrator ap-
3 proved; and
4 ‘‘(II) applicants, the covered ap-
5 plications of which the Administrator
6 rejected.
7 ‘‘(g) VERIFICATION OF BUSINESS ELIGIBILITY.—
8 ‘‘(1) IN GENERAL.—With respect to an applica-
9 tion submitted to the Administrator during the cov-
10 ered period for a loan under section 7(b)(2) of the
11 Small Business Act (15 U.S.C. 636(b)(2)) in response
12 to COVID–19, the Administrator shall verify that
13 each such applicant was in operation on January 31,
14 2020.
15 ‘‘(2) REPORT.—Not later than 30 days after the
16 date of enactment of this subsection, the Adminis-
17 trator shall submit to Congress a report that describes
18 the steps taken by the Administrator to perform the
19 verification required under paragraph (1).
20 ‘‘(3) SENSE OF CONGRESS.—It is the sense of
21 Congress that the verification required under para-
22 graph (1) constitutes oversight that the Administrator
23 is required to perform under paragraph (15) of sec-
24 tion 7(b) of the Small Business Act (15 U.S.C.
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1 636(b)) with respect to entities receiving loans under
2 paragraph (2) of such section 7(b).
3 ‘‘(h) NOTIFICATIONS TO CONGRESS.—
4 ‘‘(1) DEFINITIONS.—In this subsection—
5 ‘‘(A) the term ‘appropriate committees of
6 Congress’ means—
7 ‘‘(i) the Committee on Small Business
8 and Entrepreneurship and the Sub-
9 committee on Financial Services and Gen-
10 eral Government of the Committee on Ap-
11 propriations of the Senate; and
12 ‘‘(ii) the Committee on Small Business
13 and the Subcommittee on Financial Serv-
14 ices and General Government of the Com-
15 mittee on Appropriations of the House of
16 Representatives; and
17 ‘‘(B) the term ‘covered program, project, or
18 activity’ means—
19 ‘‘(i) the program under this section;
20 ‘‘(ii) the loan program under section
21 7(b)(2) of the Small Business Act (15
22 U.S.C. 636(b)(2));
23 ‘‘(iii) the authorized activities for
24 amounts were appropriated in response to
25 the COVID–19 pandemic under the heading
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1 ‘Small Business Administration—Salaries
2 and Expenses’; or
3 ‘‘(iv) any other program, project, or
4 activity for which funds are made available
5 to the Administration to respond to the
6 COVID–19 pandemic.
7 ‘‘(2) NOTICE OF APPROACHING FUNDING
8 LAPSE.—The Administrator shall submit to the ap-
9 propriate committees of Congress a notification not
10 later than 2 days after the date on which unobligated
11 balances of amounts appropriated for a fiscal year for
12 any covered program, project, or activity are less
13 than 25 percent of the total amount appropriated for
14 the covered program, project, or activity for such fis-
15 cal year.
16 ‘‘(3) MONTHLY REPORT.—The Administrator
17 shall submit to the appropriate committees of Con-
18 gress a monthly report detailing the current and fu-
19 ture planned uses of amounts appropriated in re-
20 sponse to the COVID–19 pandemic under the heading
21 ‘Small Business Administration—Salaries and Ex-
22 penses’, which shall include—
23 ‘‘(A) the number of employees hired and
24 contractors retained using such amounts;
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1 ‘‘(B) the number of contracts with a total
2 cost of more than $5,000,000 entered into using
3 such amounts;
4 ‘‘(C) a list of all sole source contracts en-
5 tered into using such amounts; and
6 ‘‘(D) any program changes, regulatory ac-
7 tions, guidance issuances, or other initiatives re-
8 lating to the response to the COVID–19 pan-
9 demic.’’.
10 (b) RETROACTIVE COLLECTION.—As soon as is prac-
11 ticable after the date of enactment of this Act, the Adminis-
12 trator shall collect the information required under section
13 1110(f) of the CARES Act (15 U.S.C. 9009(f)), as amended
14 by subsection (a), from applicants that submitted covered
15 applications (as defined in such section 1110(f)) during the
16 period beginning on the date of enactment of the CARES
17 Act (Public Law 116–136) and ending on the date of enact-
18 ment of this Act.
19 SEC. 405. LIFELINE FUNDING FOR SMALL BUSINESS CON-
20 TINUITY, ADAPTATION, AND RESILIENCY.
21 Section 1110 of the CARES Act (15 U.S.C. 9009), as
22 amended by section 404, is further amended by inserting
23 after subsection (i) (as added by such section) the following
24 new subsection:
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1 ‘‘(i) LIFELINE FUNDING FOR SMALL BUSINESS CON-
2 TINUITY, ADAPTATION, AND RESILIENCY.—
3 ‘‘(1) DEFINITIONS.—In this subsection:
4 ‘‘(A) AGRICULTURAL ENTERPRISE.—The
5 term ‘agricultural enterprise’ has the meaning
6 given the term in section 18(b) of the Small
7 Business Act (15 U.S.C. 647(b)).
8 ‘‘(B) COVERED ENTITY.—The term ‘covered
9 entity’—
10 ‘‘(i) means an eligible entity described
11 in subsection (b) of this section, if such eli-
12 gible entity—
13 ‘‘(I) has not more than 50 em-
14 ployees; and
15 ‘‘(II) has suffered an economic
16 loss of not less than 30 percent; and
17 ‘‘(ii) except with respect to an entity
18 included under section 123.300(c) of title
19 13, Code of Federal Regulations, or any
20 successor regulation, does not include an ag-
21 ricultural enterprise.
22 ‘‘(C) ECONOMIC LOSS.—The term ‘economic
23 loss’ means, with respect to a covered entity, the
24 amount by which the gross receipts of the covered
25 entity declined during an 8-week period between
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1 March 2, 2020, and December 31, 2020 (as deter-
2 mined by the covered entity), relative to a com-
3 parable 8-week period immediately preceding
4 March 2, 2020, or during 2019 (as determined
5 by the covered entity).
6 ‘‘(D) ECONOMICALLY DISADVANTAGED INDI-
7 VIDUAL.—The term ‘economically disadvantaged
8 individual’ means an economically disadvan-
9 taged individual under section 124.104 of title
10 13, Code of Federal Regulations, or any successor
11 regulation.
12 ‘‘(E) LOW-INCOME COMMUNITY.—The term
13 ‘low-income community’ has the meaning given
14 the term in section 45D(e) of the Internal Rev-
15 enue Code of 1986.
16 ‘‘(F) REMOTE RECREATIONS ENTER-
17 PRISE.—The term ‘remote recreational enter-
18 prise’ means a covered entity that was in oper-
19 ation on or before March 1, 2020, that can docu-
20 ment an economic loss caused by the closure of
21 the United States and Canadian border that re-
22 stricted the ability of American customers to ac-
23 cess the location of the covered entity.
24 ‘‘(G) SMALL BUSINESS CONCERN.—The
25 term ‘small business concern’ has the meaning
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1 given the term under section 3(a) of the Small
2 Business Act (15 U.S.C. 632(a)).
3 ‘‘(H) SOCIALLY DISADVANTAGED INDI-
4 VIDUAL.—The term ‘socially disadvantaged indi-
5 vidual’ means a socially disadvantaged indi-
6 vidual under section 124.103 of title 13, Code of
7 Federal Regulations, or any successor regulation.
8 ‘‘(2) PROCEDURE.—During the covered period, a
9 covered entity that applies for a loan under section
10 7(b)(2) of the Small Business Act (15 U.S.C.
11 636(b)(2)) may request that the Administrator pro-
12 vide funding for the purposes described in paragraph
13 (6).
14 ‘‘(3) VERIFICATION.—With respect to each re-
15 quest submitted by an entity under paragraph (2),
16 the Administrator shall—
17 ‘‘(A) not later than 14 days after the date
18 on which the Administrator receives the request,
19 verify whether the entity is a covered entity; and
20 ‘‘(B) if the Administrator verifies that the
21 entity is a covered entity under clause (i), and
22 subject to paragraph (8), disburse the funding re-
23 quested by the covered entity not later than 7
24 days after the date on which the Administrator
25 completes the verification.
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1 ‘‘(4) ORDER OF PROCESSING.—Subject to para-
2 graph (8), the Administrator shall process and ap-
3 prove requests submitted under paragraph (2) in the
4 order the Administrator receives the requests.
5 ‘‘(5) AMOUNT OF FUNDING.—
6 ‘‘(A) IN GENERAL.—The amount of funding
7 provided to a covered entity that submits a re-
8 quest under paragraph (2) shall be in an
9 amount that is the lesser of—
10 ‘‘(i) the amount of working capital
11 needed by the covered entity for the 180-day
12 period beginning on the date on which the
13 covered entity would receive the funding, as
14 determined by the Administrator using a
15 methodology that is identical to the method-
16 ology used by the Administrator to deter-
17 mine working capital needs with respect to
18 an application for a loan submitted under
19 section 7(b)(2) of the Small Business Act
20 (15 U.S.C. 636(b)(2)); or
21 ‘‘(ii) $50,000.
22 ‘‘(B) ENTITLEMENT TO FULL AMOUNT.—A
23 covered entity that receives funding pursuant to
24 a request submitted under paragraph (2) shall be
25 entitled to receive the full amount of that fund-
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1 ing, as determined under subparagraph (A),
2 without regard to—
3 ‘‘(i) if the applicable loan for which the
4 covered entity has applied under section
5 7(b)(2) of the Small Business Act (15
6 U.S.C. 636(b)(2)) is approved, the amount
7 of the loan;
8 ‘‘(ii) whether the covered entity accepts
9 the offer of the Administrator with respect
10 to an approved loan described in clause (i);
11 or
12 ‘‘(iii) whether the covered entity has
13 previously received any amounts under sub-
14 section (e).
15 ‘‘(6) USE OF FUNDS.—A covered entity that re-
16 ceives funding under this subsection—
17 ‘‘(A) may use the funding—
18 ‘‘(i) for any purpose for which a loan
19 received under section 7(b)(2) of the Small
20 Business Act (15 U.S.C. 636(b)(2)) may be
21 used;
22 ‘‘(ii) for working capital needs, includ-
23 ing investments to implement adaptive
24 changes or resiliency strategies to help the
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1 eligible entity maintain business continuity
2 during the COVID–19 pandemic; or
3 ‘‘(iii) to repay any unpaid amount
4 of—
5 ‘‘(I) a loan received under sub-
6 section (a)(36) or (b)(2) of section 7 of
7 the Small Business Act (15 U.S.C.
8 636); or
9 ‘‘(II) mortgage interest; and
10 ‘‘(B) may not use the funding to pay any
11 loan debt, except as provided in subparagraph
12 (A)(iii).
13 ‘‘(7) APPLICABILITY.—In addition to any other
14 restriction imposed under this subsection, any eligi-
15 bility restriction applicable to a loan made under sec-
16 tion 7(b)(2) of the Small Business Act (15 U.S.C.
17 636(b)(2)), including any restriction under section
18 123.300 or 123.301 of title 13, Code of Federal Regu-
19 lations, or any successor regulation, shall apply with
20 respect to funding provided under this subsection.
21 ‘‘(8) PRIORITY.—During the 56-day period be-
22 ginning on the date of enactment of this subsection,
23 the Administrator may approve a request for funding
24 under this subsection only if the request is submitted
25 by—
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1 ‘‘(A) a covered entity located in a low-in-
2 come community;
3 ‘‘(B) a covered entity owned or controlled
4 by a veteran or a member of the Armed Forces;
5 ‘‘(C) a covered entity owned or controlled by
6 an economically disadvantaged individual or a
7 socially disadvantaged individual; or
8 ‘‘(D) a remote recreational enterprise.
9 ‘‘(9) ADMINISTRATION.—In carrying out this
10 subsection, the Administrator may rely on loan offi-
11 cers and other personnel of the Office of Disaster As-
12 sistance of the Administration and other resources of
13 the Administration, including contractors of the Ad-
14 ministration.
15 ‘‘(10) RETROACTIVE EFFECT.—Any covered enti-
16 ty that, during the period beginning on January 1,
17 2020, and ending on the day before the date of enact-
18 ment of this subsection, applied for a loan under sec-
19 tion 7(b)(2) of the Small Business Act (15 U.S.C.
20 636(b)(2)) may submit to the Administrator a request
21 under paragraph (2) with respect to that loan.
22 ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—
23 There are authorized to be appropriated to the Ad-
24 ministrator $40,000,000,000 to carry out this sub-
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1 section, which shall remain available through Decem-
2 ber 31, 2020, of which—
3 ‘‘(A) $20,00,000,000 is authorized to be ap-
4 propriated to provide funding to covered entities
5 described in paragraph (8); and
6 ‘‘(B) $20,000,000 is authorized to be appro-
7 priated to the Inspector General of the Adminis-
8 tration to prevent waste, fraud, and abuse with
9 respect to funding provided under this sub-
10 section.’’.
11 SEC. 406. MODIFICATIONS TO ECONOMIC INJURY DISASTER
12 LOANS.
13 (a) LOANS FOR NEW BORROWERS.—With respect to a
14 loan made under section 7(b)(2) of the Small Business Act
15 (15 U.S.C. 636(b)(2)) to a borrower adversely impacted by
16 COVID–19 during the period beginning on the date of en-
17 actment of this Act and ending on December 31, 2020—
18 (1) the borrower shall be eligible for a loan in an
19 amount equal to 6 months of working capital if the
20 borrower otherwise meets the underwriting standards
21 established by the Administration; and
22 (2) the Administrator—
23 (A) shall not impose a maximum loan
24 amount limit that is lower than $2,000,000; and
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1 (B) shall not disqualify any applicant for
2 such a loan due to the criminal history or arrest
3 record of the applicant, except in the case of an
4 applicant that, during the 5-year period pre-
5 ceding the date on which the applicant submits
6 an application, has been convicted—
7 (i) of a felony offense involving fraud,
8 bribery, or embezzlement in any State or
9 Federal court; or
10 (ii) in connection with a false state-
11 ment made in—
12 (I) a loan application; or
13 (II) an application for Federal fi-
14 nancial assistance.
15 (b) ADDITIONAL LOAN FOR EXISTING BORROWERS.—
16 (1) IN GENERAL.—A recipient of a loan made
17 under section 7(b)(2) of the Small Business Act (15
18 U.S.C. 636(b)(2)) to a borrower adversely impacted
19 by COVID–19 during the period beginning on Janu-
20 ary 31, 2020, and ending on the date of enactment
21 of this Act may submit to the Administrator a request
22 for an additional amount to increase in the amount
23 of that loan, provided that the aggregate amount re-
24 ceived under such section by the recipient during that
25 period shall be not more than the lesser of—
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1 (A) an amount equal to 6 months of work-
2 ing capital for the recipient; and
3 (B) $2,000,000; and
4 (2) CONSIDERATION.—In considering a request
5 submitted under paragraph (1), the Administrator—
6 (A) may not recalculate the economic injury
7 or creditworthiness of the borrower; and
8 (B) shall issue a determination based on the
9 documentation submitted by the borrower for the
10 initial loan under such section 7(b)(2), any other
11 new information voluntarily provided by the
12 borrower, and any information obtained to pre-
13 vent fraud or abuse.
14 (3) ADDITIONAL DOCUMENTATION.—If the Ad-
15 ministrator of the Small Business Administration re-
16 quires a borrower making a request under paragraph
17 (1) to provide additional documentation, the Admin-
18 istrator shall—
19 (A) publish those documentation require-
20 ments on the website of the Administration not
21 later than 7 days after the date of enactment of
22 this Act; and
23 (B) proactively provide those requirements
24 to any such borrower that received a loan de-
25 scribed in paragraph (1).
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1 SEC. 407. PRINCIPAL AND INTEREST PAYMENTS FOR CER-
2 TAIN DISASTER LOANS.
3 (a) IN GENERAL.—The Administrator shall pay the
4 principal, interest, and any associated fees that are owed
5 on a physical disaster loan or a covered EIDL loan as fol-
6 lows:
7 (1) With respect to a physical disaster loan—
8 (A) not in deferment, for the 12-month pe-
9 riod beginning with the next payment due on
10 such loan;
11 (B) in deferment, for the 12-month period
12 beginning with the next payment due on such
13 loan after the deferment period; and
14 (C) made on or after the date of enactment
15 of this Act, for the 12-month period beginning
16 with the first payment due on such loan.
17 (2) With respect to a covered EIDL loan—
18 (A) not in deferment, for the 12-month pe-
19 riod beginning with the next payment due on
20 such loan; and
21 (B) in deferment, for the 12-month period
22 beginning with the next payment due on such
23 loan after the deferment period.
24 (b) TIMING OF PAYMENT.—The Administrator shall
25 begin making payments under subsection (a) not later than
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1 30 days after the date on which the first such payment is
2 due.
3 (c) APPLICATION OF PAYMENT.—Any payment made
4 by the Administrator under subsection (a) shall be applied
5 to the physical disaster loan or a covered EIDL loan (as
6 applicable) such that the borrower is relieved of the obliga-
7 tion to pay that amount.
8 (d) DEFINITIONS.—In this section:
9 (1) PHYSICAL DISASTER LOAN.—The term
10 ‘‘physical disaster loan’’ means a loan made under
11 section 7(b)(1) of the Small Business Act (15 U.S.C.
12 636(b)(1)) in a regular servicing status.
13 (2) COVERED EIDL LOAN.—The term ‘‘covered
14 EIDL loan’’ means a loan made under section 7(b)(2)
15 of the Small Business Act (15 U.S.C. 636(b)(2))
16 that—
17 (A) was approved by the Administrator be-
18 fore February 15, 2020; and
19 (B) is in a regular servicing status.
20 SEC. 408. TRAINING.
21 The Administrator shall develop and implement a
22 plan to train any staff responsible for implementing or ad-
23 ministering the loan program established under section
24 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) on
25 specific responsibilities with respect to such program. Such
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1 plan shall be submitted to the Committee on Small Business
2 of the House of Representatives and the Committee on
3 Small Business and Entrepreneurship of the Senate.
4 SEC. 409. OUTREACH PLAN.
5 Not later than 30 days after the date of the enactment
6 of this Act, the Administrator shall submit to the Committee
7 on Small Business of the House of Representatives and the
8 Committee on Small Business and Entrepreneurship of the
9 Senate an outreach plan to clearly communicate program
10 and policy changes to all offices of the Administration,
11 small business development centers (as defined in section
12 3 of the Small Business Act (15 U.S.C. 632)), women’s busi-
13 ness centers (described under section 29 of such Act (15
14 U.S.C. 656)), chapters of the Service Corps of Retired Ex-
15 ecutives (established under section 8(b)(1)(B) of such Act
16 (15 U.S.C. 637(b)(1)(B))), Veteran Business Outreach Cen-
17 ters (described under section 32 of such Act (15 U.S.C.
18 657b)), Members of Congress, congressional committees,
19 small business concerns (as defined in section 3 of such Act
20 (15 U.S.C. 632)), and the public.
21 SEC. 410. REPORT ON BEST PRACTICES.
22 Not later than 60 days after the date of the enactment
23 of this Act, the Administrator shall submit to the Committee
24 on Small Business of the House of Representatives and the
25 Committee on Small Business and Entrepreneurship of the
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1 Senate a report on outlining the best practices to admin-
2 ister the loan program established under section 7(b)(2) of
3 the Small Business Act (15 U.S.C. 636(b)(2)) during a pan-
4 demic.
5 SEC. 411. EXTENSION OF PERIOD OF AVAILABILITY FOR AD-
6 MINISTRATIVE FUNDS.
7 Section 1107(a) of the CARES Act (15 U.S.C.
8 9006(a)) is amended in the matter preceding paragraph (1)
9 by striking ‘‘until September 30, 2021’’ and inserting
10 ‘‘until December 31, 2021, for amounts appropriated under
11 paragraph (2), and until September 30, 2021, for all other
12 amounts appropriated under this subsection’’.
13 TITLE V—MICRO-SBIC AND EQ-
14 UITY INVESTMENT ENHANCE-
15 MENT
16 SEC. 501. MICRO-SBIC PROGRAM.
17 Title III of the Small Business Investment Act of 1958
18 (15 U.S.C. 681 et seq.) is amended by adding at the end
19 the following:
20 ‘‘PART D—MICRO-SBIC PROGRAM
21 ‘‘SEC. 399A. MICRO-SBIC PROGRAM.
22 ‘‘(a) ESTABLISHMENT.—There is established in the Ad-
23 ministration a program to be known as the ‘Micro-SBIC
24 Program’ under which the Administrator shall issue a li-
25 cense to an applicant for the purpose of making loans to
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1 and investments in small business concerns. An applicant
2 licensed under this section shall have the same benefits as
3 an applicant licensed under section 301.
4 ‘‘(b) ELIGIBILITY.—An applicant desiring to receive a
5 license to operate as a micro-SBIC shall submit an applica-
6 tion to the Administrator at such time, in such manner,
7 and containing such information as the Administrator may
8 require, including—
9 ‘‘(1) evidence that the applicant holds private
10 capital of not less than $5,000,000;
11 ‘‘(2) evidence that the management of the appli-
12 cant is qualified and has significant business exper-
13 tise relevant to the applicant’s strategy; and
14 ‘‘(3) an election to receive a seed investment
15 under section 399C or leverage from the Adminis-
16 trator.
17 ‘‘(c) ISSUANCE OF LICENSE.—
18 ‘‘(1) PROCEDURES.—
19 ‘‘(A) STATUS.—Not later than 90 days after
20 the initial receipt by the Administrator of an
21 application under this subsection, the Adminis-
22 trator shall provide the applicant with a written
23 report detailing the status of the application and
24 any requirements remaining for completion of
25 the application.
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1 ‘‘(B) APPROVAL OR DISAPPROVAL.—Except
2 as provided in subparagraph (C) and within a
3 reasonable time after providing the report under
4 subparagraph (A) and in accordance with such
5 requirements as the Administrator may prescribe
6 by regulation, the Administrator shall—
7 ‘‘(i) approve the application and issue
8 to the applicant a license to operate as a
9 micro-SBIC; or
10 ‘‘(ii) disapprove the application and
11 notify the applicant in writing of the dis-
12 approval.
13 ‘‘(C) PROVISIONAL APPROVAL.—The Admin-
14 istrator may provide provisional approval for an
15 applicant for a period of not more than 12
16 months before making a final determination of
17 approval or disapproval under subparagraph
18 (B).
19 ‘‘(D) EXPLANATION OF DISAPPROVAL.—An
20 applicant may submit to the Administrator a re-
21 quest for a written explanation regarding the
22 disapproval of an application under subpara-
23 graph (B)(ii).
24 ‘‘(2) APPEALS.—
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1 ‘‘(A) DISAPPROVED APPLICATIONS.—With
2 respect to an application that is disapproved
3 under paragraph (1)(B)(iii)—
4 ‘‘(i) not later than 30 days after the
5 date on which the application is dis-
6 approved, the applicant may submit an ap-
7 peal to the Chair of the Investment Division
8 Licensing Committee of the Administration
9 (referred to in this subparagraph as the
10 ‘Chair’); and
11 ‘‘(ii) not later than 30 days after the
12 date on which the applicant submits an ap-
13 peal under clause (i), the Chair shall issue
14 a ruling with respect to the appeal and no-
15 tify the applicant regarding such ruling.
16 ‘‘(B) DENIAL OF APPEAL.—With respect to
17 an application that the Chair denies in an ap-
18 peal submitted under subparagraph (A)—
19 ‘‘(i) not later than 30 days after the
20 date on which the Chair submits the notifi-
21 cation required under subparagraph (A)(ii),
22 the applicant may submit to the Adminis-
23 trator an appeal of the ruling made by the
24 Chair; and
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1 ‘‘(ii) not later than 30 days after the
2 date on which the applicant submits an ap-
3 peal under clause (i), the Administrator
4 shall issue a final ruling with respect to the
5 appeal and notify the applicant regarding
6 such ruling.
7 ‘‘(3) PRIORITY.—In reviewing applications and
8 issuing licenses under this section, the Administrator
9 shall give priority to an applicant the management
10 of which consists of at least two socially disadvan-
11 taged individuals or economically disadvantaged in-
12 dividuals and at least one track record investment
13 committee member.
14 ‘‘(4) EXPEDITED PROCEDURES.—The Adminis-
15 trator shall establish expedited procedures for the con-
16 sideration of an application submitted under sub-
17 section (b), including a written report under para-
18 graph (1)(A) not later than 45 days after the initial
19 receipt of an application, for—
20 ‘‘(A) a small business investment companies
21 licensed under section 301;
22 ‘‘(B) a rural business investment company;
23 or
24 ‘‘(C) a bank-owned applicant.
25 ‘‘(d) MAXIMUM LEVERAGE.—
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1 ‘‘(1) IN GENERAL.—For a micro-SBIC that elects
2 to receive leverage under subsection (b)(3), the max-
3 imum amount of outstanding leverage made available
4 to any one micro-SBIC may not exceed—
5 ‘‘(A) 50 percent of the private capital of
6 such micro-SBIC, not to exceed $25,000,000; or
7 ‘‘(B) in the case of a micro-SBIC owned by
8 persons who also own a small business invest-
9 ment company licensed under section 301, 100
10 percent of the private capital of such micro-
11 SBIC, not to exceed $50,000,000.
12 ‘‘(2) INVESTMENTS IN CERTAIN BUSINESSES.—In
13 calculating the outstanding leverage of a micro-SBIC
14 for purposes of paragraph (1), the Administrator
15 shall exclude the amount of the cost basis of any in-
16 vestments made in an early-stage small business,
17 growth-stage small business, scale-up small business,
18 or covered small business in an amount not to ex-
19 ceed—
20 ‘‘(A) $25,000,000; or
21 ‘‘(B) in the case of a micro-SBIC owned by
22 persons who also own a small business invest-
23 ment company licensed under section 301,
24 $50,000,000.
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1 ‘‘SEC. 399B. MICRO-SBIC PROGRAM REQUIREMENTS.
2 ‘‘(a) SURRENDER OF LICENSE.—A micro-SBIC that
3 voluntarily surrenders a license issued under this section
4 shall enter into an agreement with Administrator for the
5 repayment of leverage received. Such agreement may not
6 require the micro-SBIC to immediately repay all leverage
7 received.
8 ‘‘(b) ADMINISTRATION.—To the extent practicable, for
9 a micro-SBIC that elects to receive leverage under section
10 399A(b)(3), the Administrator shall administer the Micro-
11 SBIC Program in a similar manner to the program under
12 section 301.
13 ‘‘SEC. 399C. SEED INVESTMENT PROGRAM.
14 ‘‘(a) ESTABLISHMENT.—The Administrator shall es-
15 tablish and carry out an equity investment program (in
16 this part referred to as the ‘Seed Investment Program’) to
17 provide seed investments to a micro-SBIC to invest in small
18 business concerns.
19 ‘‘(b) APPLICATION.—A micro-SBIC that elects to re-
20 ceive a seed investment under section 399A(b)(3) shall sub-
21 mit to the Administrator an application that includes the
22 following:
23 ‘‘(1) A business plan describing how the appli-
24 cant intends to make successful investments in early-
25 stage small businesses, growth-stage small businesses,
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1 scale-up small businesses, or covered small businesses,
2 as applicable.
3 ‘‘(2) A description of the extent to which the ap-
4 plicant meets the selection criteria under subsection
5 (c).
6 ‘‘(c) SELECTION.—
7 ‘‘(1) IN GENERAL.—Not later than 90 days after
8 the date of receipt of an application under subsection
9 (b), the Administrator shall make a final determina-
10 tion to approve or disapprove the applicant as a par-
11 ticipant in the Seed Investment Program and shall
12 submit such determination to the applicant in writ-
13 ing.
14 ‘‘(2) CRITERIA.—In making a determination
15 under paragraph (1), the Administrator shall con-
16 sider each of the following criteria:
17 ‘‘(A) The likelihood that the applicant will
18 meet the goals specified in the business plan of
19 the applicant.
20 ‘‘(B) The likelihood that the investments of
21 the applicant will directly and indirectly create
22 or preserve jobs.
23 ‘‘(C) The character and fitness of the man-
24 agement of the applicant.
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1 ‘‘(D) The experience and background of the
2 management of the applicant.
3 ‘‘(E) The extent to which the applicant will
4 concentrate investment activities on early-stage
5 small businesses, growth-stage small businesses,
6 scale-up small businesses, or covered small busi-
7 nesses, as applicable.
8 ‘‘(F) The likelihood that the applicant will
9 achieve profitability.
10 ‘‘(G) The experience of the management of
11 the applicant with respect to establishing a prof-
12 itable investment track record.
13 ‘‘SEC. 399D. REQUIREMENTS FOR SEED INVESTMENTS.
14 ‘‘(a) IN GENERAL.—The Administrator may make one
15 seed investment to a Program participant, which shall be
16 held in an account from which the Program participant
17 may make withdrawals.
18 ‘‘(b) AMOUNTS.—
19 ‘‘(1) NON-FEDERAL CAPITAL.—A seed investment
20 made to a Program participant may not exceed the
21 amount of capital of such Program participant
22 that—
23 ‘‘(A) is not from a Federal source; and
24 ‘‘(B) that is available for investment, in-
25 cluding through legally binding commitments, on
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1 or before the date on which the seed investment
2 is approved.
3 ‘‘(2) LIMITATION ON AMOUNT.—The amount of a
4 seed investment made to a Program participant may
5 not exceed the lesser of—
6 ‘‘(A) $25,000,000; or
7 ‘‘(B) 100 percent of the private capital com-
8 mitted to the Program participant.
9 ‘‘(c) PROCESS.—
10 ‘‘(1) IN GENERAL.—Amounts held in an account
11 under this section shall remain available to a Pro-
12 gram participant—
13 ‘‘(A) for initial seed investments, during the
14 5-year period beginning on the date on which the
15 Program participant first accesses amounts from
16 the account; and
17 ‘‘(B) for follow-on investments and manage-
18 ment fees, during the 10-year period beginning
19 on the date on which the Program participant
20 first accesses amounts from the account.
21 ‘‘(2) EXTENSION.—Upon request by a Program
22 participant, the Administrator may grant a 1-year
23 extension of the period described in paragraph (1)(B)
24 not more than 2 times.
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1 ‘‘(3) USE OF AMOUNTS.—A Program participant
2 shall invest all amounts in the account during the 10-
3 year period beginning on the date on which the Pro-
4 gram participant first accesses amounts from the ac-
5 count.
6 ‘‘(d) PRIORITY.—The Administrator shall prioritize
7 making seed investments under this section to Program par-
8 ticipants in underlicensed States.
9 ‘‘(e) INVESTMENTS IN CERTAIN BUSINESSES.—
10 ‘‘(1) IN GENERAL.—A Program participant that
11 receives a seed investment under this part shall make
12 all of the investments of such Program participant in
13 small business concerns, of which at least 50 percent
14 shall be in covered small businesses.
15 ‘‘(2) MINORITY POSITIONS.—On the date on
16 which a Program participant first accesses amounts
17 from such seed investment, the Program participant
18 may not own or control not more than 50 percent of
19 the shares of any small business concern in which
20 such Program participant invests. A Program partic-
21 ipant shall not pursue a buyout strategy as a pri-
22 mary purpose of an investment in such a small busi-
23 ness concern, but may take control in follow-on in-
24 vestments if necessary for the success of any such
25 small business concern.
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1 ‘‘(3) EVALUATION OF COMPLIANCE.—The Admin-
2 istrator shall evaluate the compliance of a Program
3 participant with the requirements under this section
4 once such Program participant has expended 75 per-
5 cent of the amount of a seed investment made under
6 this part.
7 ‘‘(f) SEED INVESTMENT INTEREST.—
8 ‘‘(1) IN GENERAL.—
9 ‘‘(A) IN GENERAL.—Subject to paragraph
10 (4), a Program participant that receives a seed
11 investment under the Program shall convey a
12 seed investment interest to the Administrator in
13 accordance with subparagraph (B).
14 ‘‘(B) EFFECT OF CONVEYANCE.—The seed
15 investment interest conveyed under paragraph
16 (1) shall have all the rights and attributes of
17 other investors with respect to the Program par-
18 ticipant, but shall not assign control or voting
19 rights to the Administrator. The seed investment
20 interest shall entitle the Administrator to a pro
21 rata portion of any distributions made by the
22 Program participant equal to the percentage of
23 capital in the Program participant that the seed
24 investment comprises. The Administrator shall
25 receive distributions from the Program partici-
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1 pant at the same times and in the same amounts
2 as any other investor in the Program partici-
3 pant with a similar interest. The Program par-
4 ticipant shall make allocations of income, gain,
5 loss, deduction, and credit to the Administrator
6 with respect to the seed investment interest as if
7 the Administrator were an investor.
8 ‘‘(2) MANAGER PROFITS.—The manager profits
9 interest payable to the managers of a Program partic-
10 ipant shall not exceed 20 percent of profits, exclusive
11 of any profits that may accrue as a result of the cap-
12 ital contributions of any such managers with respect
13 to such Program participant. Any excess of this
14 amount, less taxes payable thereon, shall be returned
15 by the managers and paid to the investors and the
16 Administrator in proportion to the capital contribu-
17 tions and seed investments paid in. No manager prof-
18 its interest (other than a tax distribution) shall be
19 paid prior to the repayment to the investors and the
20 Administrator of all contributed capital and seed in-
21 vestments made. A manager of a Program partici-
22 pant may charge reasonable and customary manage-
23 ment and organizational fees.
24 ‘‘(3) DISTRIBUTION REQUIREMENTS.—A Pro-
25 gram participant that receives a seed investment
•HR 925 EAH
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1 under the Program shall make all distributions to all
2 investors in cash and shall make distributions within
3 a reasonable time after exiting investments, including
4 following a public offering or market sale of under-
5 lying investments.
6 ‘‘(4) LIMITATION ON GRANT PROFITS.—Once the
7 Administrator has received an amount equal to 110
8 percent of the amount of the seed investment made to
9 a Program participant, the requirement to convey
10 seed investment interest under this subsection shall be
11 terminated and no further distributions of profits
12 shall be made to the Administrator.
13 ‘‘SEC. 399E. ADMINISTRATION.
14 ‘‘(a) ELECTRONIC SUBMISSIONS.—The Administrator
15 shall permit the electronic submission of any document sub-
16 mitted under this part or pursuant to a regulation carrying
17 out this part, including by permitting an electronic signa-
18 ture for any signature that is required on such a document.
19 ‘‘(b) APPLICATION OF PENALTIES.—To the extent not
20 inconsistent with requirements under this part, the Admin-
21 istrator may take such action as set forth in sections 309,
22 311, 312, 313, and 314 to activities under this part and
23 an officer, director, employee, agent, or other participant
24 in a micro-SBIC shall be subject to the requirements under
25 such sections.
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1 ‘‘SEC. 399F. REPORT.
2 ‘‘The Administrator shall include in the annual report
3 required under section 10(a) of the Small Business Act a
4 description of—
5 ‘‘(1) the number of applications received under
6 this part, including the number of applications re-
7 ceived from applicants for which the management
8 consists of at least two socially disadvantaged indi-
9 viduals or economically disadvantaged individuals;
10 and
11 ‘‘(2) the number of licenses issued under section
12 399A, including the number of such licenses issued to
13 applicants for which the management consists of at
14 least two socially disadvantaged individuals or eco-
15 nomically disadvantaged individuals.
16 ‘‘SEC. 399G. DEFINITIONS.
17 ‘‘In this part:
18 ‘‘(1) APPLICANT.—The term ‘applicant’ means—
19 ‘‘(A) an incorporated body, a limited liabil-
20 ity corporation, or a limited partnership orga-
21 nized and chartered or otherwise existing under
22 State law solely for the purpose of performing
23 the functions and conducting the activities con-
24 templated under this section; or
25 ‘‘(B) a bank-owned applicant, rural busi-
26 ness investment company, or small business in-
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1 vestment company licensed under section 301
2 that submits an application to operate as a
3 micro-SBIC under section 399A.
4 ‘‘(2) BANK-OWNED APPLICANT.—the term ‘bank-
5 owned applicant’ means an applicant for a license to
6 operate as a small business investment company
7 under this part that—
8 ‘‘(A) is a national bank or any member
9 bank of the Federal Reserve System or non-
10 member insured bank that bears the same name
11 as the small business investment company that is
12 the subject of the application;
13 ‘‘(B) is domestically domiciled within the
14 United States; and
15 ‘‘(C) has not had a license issued under this
16 Act revoked or involuntarily surrendered during
17 the 10-year period preceding the date on which
18 the application is submitted;
19 ‘‘(3) COVERED SMALL BUSINESS.—The term ‘cov-
20 ered small business’ means a small business concern
21 that—
22 ‘‘(A) is a small business concern owned and
23 controlled by women (as defined in section 3(n)
24 of the Small Business Act), small business con-
25 cern owned and controlled by socially and eco-
•HR 925 EAH
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1 nomically disadvantaged individuals (as defined
2 in section 8(d)(3)(C) of such Act), a small busi-
3 ness concern owned and controlled by veterans
4 (as defined in section 3(q) of such Act) or a
5 Tribal business concern (as described in section
6 31(b)(2)(C) of such Act);
7 ‘‘(B) has its principal place of business lo-
8 cated in a rural census tract (as determined
9 under the most recent rural urban commuting
10 area code as set forth by the Office of Manage-
11 ment and Budget);
12 ‘‘(C) is a domestic manufacturing business
13 that is assigned a North American Industry
14 Classification System code beginning with 31,
15 32, or 33 at the time at which the small business
16 concern receives an investment from a micro-
17 SBIC under this section; or
18 ‘‘(D) either—
19 ‘‘(i) had gross receipts during the first
20 or second quarter in 2020 that are not less
21 than 50 percent less than the gross receipts
22 of the concern during the same quarter in
23 2019;
24 ‘‘(ii) if the concern was not in business
25 during the first or second quarter of 2019,
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1 but was in business during the third and
2 fourth quarter of 2019, had gross receipts
3 during the first or second quarter of 2020
4 that are less than 50 percent of the amount
5 of the gross receipts of the concern during
6 the third or fourth quarter of 2019;
7 ‘‘(iii) if the concern was not in busi-
8 ness during the first, second, or third quar-
9 ter of 2019, but was in business during the
10 fourth quarter of 2019, had gross receipts
11 during the first or second quarter of 2020
12 that are less than 50 percent of the amount
13 of the gross receipts of the concern during
14 the fourth quarter of 2019; or
15 ‘‘(iv) if the concern was not in business
16 during 2019, but was in operation on Feb-
17 ruary 15, 2020, had gross receipts during
18 the second quarter of 2020 that are less than
19 50 percent of the amount of the gross re-
20 ceipts of the concern during the first quarter
21 of 2020.
22 ‘‘(4) EARLY-STAGE SMALL BUSINESS.—The term
23 ‘early-stage small business’ means a small business
24 concern that—
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1 ‘‘(A) is domestically domiciled within the
2 United States;
3 ‘‘(B) during the 3-year period preceding the
4 date of application, has not generated gross an-
5 nual sales revenues exceeding $15,000,000;
6 ‘‘(C) produces a majority of its goods or
7 provides a majority of its services in the United
8 States; and
9 ‘‘(D) does not move production or employ-
10 ment outside the United States.
11 ‘‘(5) ECONOMICALLY DISADVANTAGED INDI-
12 VIDUAL; SOCIALLY DISADVANTAGED INDIVIDUAL.—The
13 terms ‘economically disadvantaged individual’ and
14 ‘socially disadvantaged individual’ have the meanings
15 given, respectively, in section 8(a) of the Small Busi-
16 ness Act.
17 ‘‘(6) GROWTH-STAGE SMALL BUSINESS.—The
18 term ‘growth-stage small business’ means a small
19 business concern that—
20 ‘‘(A) is domestically domiciled within the
21 United States;
22 ‘‘(B) during the 3-year period preceding the
23 date of application, has not generated gross an-
24 nual sales revenues exceeding $30,000,000;
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1 ‘‘(C) produces a majority of its good or pro-
2 vides a majority of its services in the United
3 States; and
4 ‘‘(D) does not move production or employ-
5 ment outside the United States.
6 ‘‘(7) MANAGEMENT.—The term ‘management’
7 means a general partner of an applicant or member
8 of the investment committee of an applicant.
9 ‘‘(8) MICRO-SBIC.—The term ‘micro-SBIC’
10 means an applicant licensed under section 399A.
11 ‘‘(9) PROGRAM PARTICIPANT.—The term ‘Pro-
12 gram participant’ means a micro-SBIC that received
13 a seed investment under the Seed Investment Program
14 established by section 399C.
15 ‘‘(10) SCALE-UP SMALL BUSINESS.—The term
16 ‘scale-up small business’ means a small business con-
17 cern that—
18 ‘‘(A) is domestically domiciled within the
19 United States;
20 ‘‘(B) during the 3-year period preceding the
21 date of application, has not generated earnings
22 before interest, tax, depreciation, and amortiza-
23 tion in excess of $3,000,000;
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1 ‘‘(C) produces a majority of its goods or
2 provides a majority of its services in the United
3 States; and
4 ‘‘(D) does not move production or employ-
5 ment outside the United States.
6 ‘‘(11) SMALL BUSINESS CONCERN.—The term
7 ‘small business concern’ has the meaning given under
8 section 3(a) of the Small Business Act (15 U.S.C.
9 632(a)).
10 ‘‘(12) TRACK RECORD INVESTMENT COMMITTEE
11 MEMBER.—The term ‘track record investment com-
12 mittee member’ means a current or former small busi-
13 ness investment company licensed under section 301,
14 a private small- and lower-middle-market venture
15 capital firm, or a private equity fund manager with
16 the knowledge, experience, and capability necessary to
17 serve as management for an applicant.
18 ‘‘(13) UNITED STATES.—The term ‘United
19 States’ means each of the several States, the District
20 of Columbia, each territory or possession of the
21 United States, and each federally recognized Indian
22 Tribe.
23 ‘‘SEC. 399H. FUNDING.
24 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is
25 authorized to be appropriated to the revolving fund estab-
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1 lished under subsection (b) $1,000,000,000 for the first full
2 fiscal year beginning after the date of the enactment of this
3 part to carry out the requirements of this part.
4 ‘‘(b) REVOLVING FUND.—There is created within the
5 Administration a separate revolving fund for the Seed In-
6 vestment Program established under section 399C, which
7 shall be available to the Administrator subject to annual
8 appropriations. All amounts received by the Administrator,
9 including any money, property, or assets derived by the Ad-
10 ministrator from operations in connection with the Seed
11 Investment Program, including repayments of seed invest-
12 ments, shall be deposited in the revolving fund. All expenses
13 and payments, excluding administrative expenses, pursuant
14 to the operations of the Administrator under the Seed In-
15 vestment Program shall be paid from the revolving fund.’’.
16 TITLE VI—MISCELLANEOUS
17 SEC. 601. REPEAL OF UNEMPLOYMENT GRANTS.
18 Section 1110(e)(6) of the CARES Act (15 U.S.C. 9009)
19 is repealed.
20 SEC. 602. SUBSIDY FOR CERTAIN LOAN PAYMENTS.
21 (a) IN GENERAL.—Section 1112 of the CARES Act (15
22 U.S.C. 9011) is amended—
23 (1) in subsection (c)—
24 (A) in paragraph (1)—
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1 (i) in the matter preceding subpara-
2 graph (A), by inserting ‘‘, without regard to
3 the date on which the covered loan is fully
4 disbursed and subject to availability of
5 funds’’ after ‘‘status’’; and
6 (ii) by amending subparagraphs (A),
7 (B), and (C) to read as follows:
8 ‘‘(A) with respect to a covered loan ap-
9 proved by the Administration before the date of
10 enactment of this Act and not on deferment—
11 ‘‘(i) except as provided in clauses (ii)
12 and (iii), for the 6-month period beginning
13 with the next payment due on the covered
14 loan after the covered loan is fully dis-
15 bursed;
16 ‘‘(ii) for the 11-month period begin-
17 ning with the next payment due on the cov-
18 ered loan after the covered loan is fully dis-
19 bursed, with respect to a covered loan
20 that—
21 ‘‘(I) is described in subsection
22 (a)(1)(B) or is a loan guaranteed by
23 the Administration under section 7(a)
24 of the Small Business Act (15 U.S.C.
25 636(a)) other than a loan described in
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1 clause (i) or (ii) of subsection
2 (a)(1)(A); and
3 ‘‘(II) is made to a borrower oper-
4 ating primarily in an industry that is
5 assigned a North American Industry
6 Classification System code beginning
7 with 21, 31, 32, 33, 44, 45, 48, 49, 51,
8 53, 54, 56, 62, or 81; and
9 ‘‘(iii) for the 18-month period begin-
10 ning with the next payment due on the cov-
11 ered loan after the covered loan is fully dis-
12 bursed, with respect to—
13 ‘‘(I) a covered loan described in
14 paragraph (1)(A)(i) or paragraph (2)
15 of subsection (a); or
16 ‘‘(II) any covered loan made to a
17 borrower operating primarily in an
18 industry that is assigned a North
19 American Industry Classification Sys-
20 tem code of 485510 or that begins with
21 61, 71, or 72;
22 ‘‘(B) with respect to a covered loan ap-
23 proved by the Administration before the date of
24 enactment of this Act and on deferment—
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1 ‘‘(i) except as provided in clauses (ii)
2 and (iii), for the 6-month period beginning
3 with the next payment due on the covered
4 loan after the deferment period and after
5 the covered loan is fully disbursed;
6 ‘‘(ii) for the 11-month period begin-
7 ning with the next payment due on the cov-
8 ered loan after the deferment period and
9 after the covered loan is fully disbursed,
10 with respect to a covered loan described in
11 subclause (I) or (II) of subparagraph
12 (A)(ii); and
13 ‘‘(iii) for the 18-month period begin-
14 ning with the next payment due on the cov-
15 ered loan after the deferment period and
16 after the covered loan is fully disbursed,
17 with respect to a covered loan described in
18 subclause (I) or (II) of subparagraph
19 (A)(iii); and
20 ‘‘(C) with respect to a covered loan made
21 during the period beginning on the date of enact-
22 ment of this Act and ending on the date that is
23 30 months after such date of enactment—
24 ‘‘(i) except as provided in clause (ii),
25 for the 6-month period beginning with the
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1 first payment due after the loan is fully dis-
2 bursed; and
3 ‘‘(ii) for a covered loan described in
4 paragraph (1)(A)(i) or (2) of subsection (a)
5 that is approved by the Administrator, for
6 the 18-month period beginning with the
7 first payment due after the loan is fully dis-
8 bursed.’’; and
9 (B) by adding at the end the following:
10 ‘‘(4) ADDITIONAL PROVISIONS FOR NEW
11 LOANS.—With respect to a loan described in para-
12 graph (1)(C)—
13 ‘‘(A) the Administrator may further extend
14 the 30-month period described in paragraph
15 (1)(C) if there are sufficient funds to continue
16 those payments; and
17 ‘‘(B) during the underwriting process, a
18 lender of such a loan may consider the payments
19 under this section as part of a comprehensive re-
20 view to determine the ability to repay.
21 ‘‘(5) ELIGIBILITY.—Eligibility for a covered loan
22 to receive such payments of principal, interest, and
23 any associated fees under this subsection shall be
24 based on the date on which the covered loan is ap-
25 proved by the Administration.
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1 ‘‘(6) AUTHORITY TO REVISE EXTENSIONS.—
2 ‘‘(A) IN GENERAL.—As part of preparing
3 the reports under subsection (i)(5) that are re-
4 quired to be submitted not later than January
5 15, 2021, and not later than June 15, 2021, the
6 Administrator shall conduct an evaluation of
7 whether amounts made available to make pay-
8 ments under this subsection are sufficient to
9 make the payments for the period described in
10 paragraph (1).
11 ‘‘(B) PLAN.—If the Administrator deter-
12 mines under subparagraph (A) that the amounts
13 made available to make payments under this
14 subsection are insufficient, the Administrator
15 shall—
16 ‘‘(i) develop a plan to proportionally
17 reduce the number of months provided for
18 each period described in paragraph (1),
19 which shall include the goal of using all
20 available amounts made available to make
21 payments under this subsection; and
22 ‘‘(ii) before taking action under the
23 plan developed under clause (i), include in
24 the applicable report under subsection (i)(5)
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1 the plan and the data that informs the
2 plan.
3 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this
4 subsection shall preclude a borrower from receiving
5 full payments of principal, interest, and any associ-
6 ated fees as authorized by subsection, regardless of the
7 application of a plan implemented under paragraph
8 (6)(B).’’;
9 (2) by redesignating subsection (f) as subsection
10 (j); and
11 (3) by inserting after subsection (e) the following:
12 ‘‘(f) ELIGIBILITY FOR NEW LOANS.—
13 ‘‘(1) IN GENERAL.—With respect to a covered
14 loan made on or after the date of enactment of the
15 PPP and EIDL Enhancement Act of 2020, the cov-
16 ered loan shall have a maturity of not less than 48
17 months in order to be eligible for payments made
18 under this section.
19 ‘‘(2) LENDING PROGRAMS.—The minimum ma-
20 turity requirements of paragraph (1) shall not pro-
21 hibit the Administrators from establishing a min-
22 imum maturity of longer than 48 months for a loan
23 described under subsection (a), taking into consider-
24 ation the normal underwriting requirements for each
25 such program.
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1 ‘‘(g) LIMITATION ON ASSISTANCE.—A borrower may
2 not receive assistance under subsection (c) for more than
3 1 covered loan of the borrower described in paragraph
4 (1)(C) of that subsection.
5 ‘‘(h) REPORTING AND OUTREACH.—
6 ‘‘(1) UPDATE TO WEBSITE.—Not later than 7
7 days after the date of enactment of the PPP and
8 EIDL Enhancement Act of 2020, the Administrator
9 shall update the website of the Administration to de-
10 scribe the requirements relating to payments made
11 under this section.
12 ‘‘(2) PUBLICATION OF LIST.—Not later than 14
13 days after the date of enactment of the PPP and
14 EIDL Enhancement Act of 2020, the Administrator
15 shall transmit to each lender of a covered loan a list
16 of each borrower of a covered loan that includes the
17 North American Industry Classification System code
18 assigned to the borrower, to assist the lenders in iden-
19 tifying which borrowers qualify for an extension of
20 payments under subsection (c).
21 ‘‘(3) EDUCATION AND OUTREACH.—
22 ‘‘(A) IN GENERAL.—The Administrator
23 shall provide education and outreach to lenders,
24 borrowers, district offices, and resource partners
25 of the Administration in order to ensure full and
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1 proper compliance with this section, encourage
2 broad participation with respect to covered loans
3 that have not yet been approved by the Adminis-
4 trator, and help lenders transition borrowers
5 from subsidy payments under this section di-
6 rectly to a deferral when suitable for the bor-
7 rower.
8 ‘‘(B) RESOURCE PARTNERS DEFINED.—In
9 this paragraph, the term ‘resource partners ’
10 means small business development centers (as de-
11 fined in section 3 of the Small Business Act (15
12 U.S.C. 632)), women’s business centers (described
13 under section 29 of such Act (15 U.S.C. 656)),
14 chapters of the Service Corps of Retired Execu-
15 tives (established under section 8(b)(1)(B) of such
16 Act (15 U.S.C. 637(b)(1)(B))), and Veteran
17 Business Outreach Centers (described under sec-
18 tion 32 of such Act (15 U.S.C. 657b)).
19 ‘‘(4) NOTIFICATION.—Not later than 30 days
20 after the date of enactment of the PPP and EIDL En-
21 hancement Act of 2020, the Administrator shall mail
22 a letter to each borrower of a covered loan that in-
23 cludes—
24 ‘‘(A) an overview of payments made under
25 this section;
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1 ‘‘(B) the rights of the borrower to receive
2 such payments;
3 ‘‘(C) how to seek recourse with the Adminis-
4 trator or the lender of the covered loan if the bor-
5 rower has not received such payments; and
6 ‘‘(D) the rights of the borrower to request a
7 loan deferral from a lender, and guidance on
8 how to do successfully transition directly to a
9 loan deferral once subsidy payments under this
10 section are concluded.
11 ‘‘(5) MONTHLY REPORTING.—Not later than the
12 15th of each month beginning after the date of enact-
13 ment of the PPP and EIDL Enhancement Act of
14 2020, the Administrator shall submit to Congress a
15 report on payments made under this section, which
16 shall include—
17 ‘‘(A) monthly and cumulative data on pay-
18 ments made under this section as of the date of
19 the report, including a breakdown by—
20 ‘‘(i) the number of participating bor-
21 rowers;
22 ‘‘(ii) the volume of payments made for
23 each type of covered loan; and
24 ‘‘(iii) the volume of payments made for
25 covered loans made before the date of enact-
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1 ment of this Act and loans made after such
2 date of enactment;
3 ‘‘(B) the names of any lenders of covered
4 loans that have not submitted information on the
5 covered loans to the Administrator during the
6 preceding month; and
7 ‘‘(C) an update on the education and out-
8 reach activities of the Administration carried out
9 under paragraph (3).
10 ‘‘(i) REGULATIONS.—Not later than 30 days after the
11 date of enactment of the PPP and EIDL Enhancement Act
12 of 2020, the Administrator shall issue rules to guard
13 against abuse or excessive and unintended use by lenders
14 or borrowers of the payments provided under this section.’’.
15 (b) EFFECTIVE DATE.—The amendments made by this
16 section shall apply as if included in the enactment of section
17 1112 of the CARES Act (15 U.S.C. 9011).
18 SEC. 603. MODIFICATIONS TO 7(a) LOAN PROGRAMS.
19 (a) 7(a) LOAN GUARANTEES.—
20 (1) IN GENERAL.—Section 7(a)(2)(A) of the
21 Small Business Act (15 U.S.C. 636(a)(2)(A)) is
22 amended by striking ‘‘), such participation by the Ad-
23 ministration shall be equal to’’ and all that follows
24 through the period at the end and inserting ‘‘or the
25 Community Advantage Pilot Program of the Admin-
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1 istration), such participation by the Administration
2 shall be equal to 90 percent of the balance of the fi-
3 nancing outstanding at the time of disbursement of
4 the loan.’’.
5 (2) PROSPECTIVE REPEAL.—Effective October 1,
6 2021, section 7(a)(2)(A) of the Small Business Act
7 (15 U.S.C. 636(a)(2)(A)), as amended by paragraph
8 (1), is amended to read as follows:
9 ‘‘(A) IN GENERAL.—Except as provided in
10 subparagraphs (B), (D), (E), and (F), in an
11 agreement to participate in a loan on a deferred
12 basis under this subsection (including a loan
13 made under the Preferred Lenders Program),
14 such participation by the Administration shall
15 be equal to—
16 ‘‘(i) 75 percent of the balance of the fi-
17 nancing outstanding at the time of dis-
18 bursement of the loan, if such balance ex-
19 ceeds $150,000; or
20 ‘‘(ii) 85 percent of the balance of the fi-
21 nancing outstanding at the time of dis-
22 bursement of the loan, if such balance is less
23 than or equal to $150,000.’’.
24 (b) EXPRESS LOANS.—
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1 (1) LOAN AMOUNT.—Section 1102(c)(2) of the
2 CARES Act (Public Law 116–36; 15 U.S.C. 636
3 note) is amended to read as follows:
4 ‘‘(2) PROSPECTIVE REPEAL.—Section
5 7(a)(31)(D) of the Small Business Act (15 U.S.C.
6 ‘‘(A) by striking ‘$1,000,000’ and inserting
7 ‘$500,000’, effective during the period beginning
8 on January 1, 2021, and ending on September
9 30, 2021; and
10 ‘‘(B) (B) by striking ‘$500,000’ and insert-
11 ing ‘$350,000’, effective October 1, 2021.’’.
12 (2) GUARANTEE RATES.—
13 (A) TEMPORARY MODIFICATION.—Section
14 7(a)(31)(A)(iv) of the Small Business Act (15
15 U.S.C. 636(a)(31)(A)(iv)) is amended by striking
16 ‘‘with a guaranty rate of not more than 50 per-
17 cent.’’ and inserting the following: ‘‘with a guar-
18 antee rate—
19 ‘‘(I) for a loan in an amount less
20 than or equal to $350,000, of not more
21 than 75 percent; and
22 ‘‘(II) for a loan in an amount
23 greater than $350,000, of not more
24 than 50 percent.’’.
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1 (B) PROSPECTIVE REPEAL.—Effective Octo-
2 ber 1, 2021, section 7(a)(31)(A)(iv) of the Small
3 Business Act (15 U.S.C. 636(a)(31)), as amended
4 by subparagraph (A), is amended by striking
5 ‘‘guarantee rate’’ and all that follows through the
6 period at the end and inserting ‘‘guarantee rate
7 of not more than 50 percent.’’.
8 SEC. 604. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(A)
9 LOANS.
10 Section 7(a)(7) of the Small Business Act (15 U.S.C.
11 636(a)(7)) is amended—
12 (1) by striking ‘‘The Administration’’ and in-
13 serting ‘‘(A) IN GENERAL.—The Administrator’’;
14 (2) by inserting ‘‘and interest’’ after ‘‘principal’’;
15 and
16 (3) by adding at the end the following new sub-
17 paragraphs:
18 ‘‘(B) DEFERRAL REQUIREMENTS.—With respect
19 to a deferral provided under this paragraph, the Ad-
20 ministrator may allow lenders under this sub-
21 section—
22 ‘‘(i) to provide full payment deferment relief
23 (including payment of principal and interest)
24 for a period of not more than 1 year; and
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1 ‘‘(ii) to provide an additional deferment pe-
2 riod if the borrower provides documentation jus-
3 tifying such additional deferment.
4 ‘‘(C) SECONDARY MARKET.—If an investor de-
5 clines to approve a deferral or additional deferment
6 requested by a lender under subparagraph (B), the
7 Administrator shall exercise the authority to purchase
8 the loan so that the borrower may receive full pay-
9 ment deferment relief (including payment of prin-
10 cipal and interest) or an additional deferment as de-
11 scribed under subparagraph (B).’’.
12 SEC. 605. RECOVERY ASSISTANCE UNDER THE MICROLOAN
13 PROGRAM.
14 (a) LOANS TO INTERMEDIARIES.—
15 (1) IN GENERAL.—Section 7(m) of the Small
16 Business Act (15 U.S.C. 636(m)) is amended—
17 (A) in paragraph (3)(C)—
18 (i) by striking ‘‘and $6,000,000’’ and
19 inserting ‘‘$10,000,000 (in the aggregate)’’;
20 and
21 (ii) by inserting before the period at
22 the end the following: ‘‘, and $4,500,000 in
23 any of those remaining years’’;
24 (B) in paragraph (4)—
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1 (i) in subparagraph (A), by striking
2 ‘‘subparagraph (C)’’ each place that term
3 appears and inserting ‘‘subparagraphs (C)
4 and (G)’’;
5 (ii) in subparagraph (C), by amending
6 clause (i) to read as follows:
7 ‘‘(i) IN GENERAL.—In addition to
8 grants made under subparagraph (A) or
9 (G), each intermediary shall be eligible to
10 receive a grant equal to 5 percent of the
11 total outstanding balance of loans made to
12 the intermediary under this subsection if—
13 ‘‘(I) the intermediary provides not
14 less than 25 percent of its loans to
15 small business concerns located in or
16 owned by one or more residents of an
17 economically distressed area; or
18 ‘‘(II) the intermediary has a port-
19 folio of loans made under this sub-
20 section—
21 ‘‘(aa) that averages not more
22 than $10,000 during the period of
23 the intermediary’s participation
24 in the program; or
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1 ‘‘(bb) of which not less than
2 25 percent is serving rural areas
3 during the period of the
4 intermediary’s participation in
5 the program.’’; and
6 (iii) by adding at the end the following
7 new subparagraph:
8 ‘‘(G) GRANT AMOUNTS BASED ON APPRO-
9 PRIATIONS.—In any fiscal year in which the
10 amount appropriated to make grants under sub-
11 paragraph (A) is sufficient to provide to each
12 intermediary that receives a loan under para-
13 graph (1)(B)(i) a grant of not less than 25 per-
14 cent of the total outstanding balance of loans
15 made to the intermediary under this subsection,
16 the Administration shall make a grant under
17 subparagraph (A) to each intermediary of not
18 less than 25 percent and not more than 30 per-
19 cent of that total outstanding balance for the
20 intermediary.’’;
21 (C) by striking paragraph (7) and inserting
22 the following:
23 ‘‘(7) PROGRAM FUNDING FOR MICROLOANS.—
24 Under the program authorized by this subsection, the
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1 Administration may fund, on a competitive basis, not
2 more than 300 intermediaries.’’; and
3 (D) in paragraph (11)—
4 (i) in subparagraph (C)(ii), by strik-
5 ing all after the semicolon and inserting
6 ‘‘and’’; and
7 (ii) by striking all after subparagraph
8 (C), and inserting the following:
9 ‘‘(D) the term ‘economically distressed area’,
10 as used in paragraph (4), means a county or
11 equivalent division of local government of a
12 State in which the small business concern is lo-
13 cated, in which, according to the most recent
14 data available from the Bureau of the Census,
15 Department of Commerce, not less than 40 per-
16 cent of residents have an annual income that is
17 at or below the poverty level.’’.
18 (2) PROSPECTIVE AMENDMENT.—Effective on
19 October 1, 2021, section 7(m)(3)(C) of the Small
20 Business Act (15 U.S.C. 636(m)(3)(C)), as amended
21 by paragraph (1)(A), is further amended—
22 (A) by striking ‘‘$10,000,000’’ and by in-
23 serting ‘‘$7,000,000’’; and
24 (B) by striking ‘‘$4,500,000’’ and inserting
25 ‘‘$3,000,000’’.
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1 (b) TEMPORARY WAIVER OF TECHNICAL ASSISTANCE
2 GRANTS MATCHING REQUIREMENTS AND FLEXIBILITY ON
3 PRE- AND POST-LOAN ASSISTANCE.—During the period be-
4 ginning on the date of enactment of this section and ending
5 on September 30, 2021, the Administration shall waive—
6 (1) the requirement to contribute non-Federal
7 funds under section 7(m)(4)(B) of the Small Business
8 Act (15 U.S.C. 636(m)(4)(B)); and
9 (2) the limitation on amounts allowed to be ex-
10 pended to provide information and technical assist-
11 ance under clause (i) of section 7(m)(4)(E) of the
12 Small Business Act (15 U.S.C. 636(m)(4)(E)) and
13 enter into third-party contracts to provide technical
14 assistance under clause (ii) of such section
15 7(m)(4)(E).
16 (c) TEMPORARY DURATION OF LOANS TO BOR-
17 ROWERS.—
18 (1) IN GENERAL.—During the period beginning
19 on the date of enactment of this section and ending
20 on September 30, 2021, the duration of a loan made
21 by an eligible intermediary under section 7(m) of the
22 Small Business Act (15 U.S.C. 636(m))—
23 (A) to an existing borrower may be ex-
24 tended to not more than 8 years; and
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1 (B) to a new borrower may be not more
2 than 8 years.
3 (2) REVERSION.—On and after October 1, 2021,
4 the duration of a loan made by an eligible inter-
5 mediary to a borrower under section 7(m) of the
6 Small Business Act (15 U.S.C. 636(m)) shall be 7
7 years or such other amount established by the Admin-
8 istrator.
9 (d) FUNDING.—Section 20 of the Small Business Act
10 (15 U.S.C. 631 note) is amended by adding at the end the
11 following new subsection:
12 ‘‘(h) MICROLOAN PROGRAM.—For each of fiscal years
13 2021 through 2025, the Administration is authorized to
14 make—
15 ‘‘(1) $80,000,000 in technical assistance grants,
16 as provided in section 7(m); and
17 ‘‘(2) $110,000,000 in direct loans, as provided in
18 section 7(m).’’.
19 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi-
20 tion to amounts provided under the Consolidated Appro-
21 priations Act, 2020 (Public Law 116–93) for the program
22 established under section 7(m) of the Small Business Act
23 (15 U.S.C. 636(m)), there is authorized to be appropriated
24 for fiscal year 2020, to remain available until expended—
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1 (1) $50,000,000 to provide technical assistance
2 grants under such section 7(m); and
3 (2) $7,000,000 to provide direct loans under such
4 section 7(m).
5 SEC. 606. MAXIMUM LOAN AMOUNT FOR 504 LOANS.
6 (a) PERMANENT INCREASE FOR SMALL MANUFACTUR-
7 ERS.—Section 502(2)(A)(iii) of the Small Business Invest-
8 ment Act of 1958 (15 U.S.C. 696(2)(A)(iii)) is amended
9 by striking ‘‘$5,500,000’’ and inserting ‘‘$6,500,000’’.
10 (b) LOW-INTEREST REFINANCING UNDER THE LOCAL
11 DEVELOPMENT BUSINESS LOAN PROGRAM.—
12 (1) REPEAL.—Section 521(a) of title V of divi-
13 sion E of the Consolidated Appropriations Act, 2016
14 (Public Law 114–113; 129 Stat. 2463; 15 U.S.C. 696
15 note) is repealed.
16 (2) REFINANCING.—Section 502(7) of the Small
17 Business Investment Act of 1958 (15 U.S.C. 696(7))
18 is amended by adding at the end the following new
19 subparagraph:
20 ‘‘(C) REFINANCING NOT INVOLVING EXPAN-
21 SIONS.—
22 ‘‘(i) DEFINITIONS.—In this subpara-
23 graph—
24 ‘‘(I) the term ‘borrower’ means a
25 small business concern that submits an
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1 application to a development company
2 for financing under this subparagraph;
3 ‘‘(II) the term ‘eligible fixed asset’
4 means tangible property relating to
5 which the Administrator may provide
6 financing under this section; and
7 ‘‘(III) the term ‘qualified debt’
8 means indebtedness that—
9 ‘‘(aa) was incurred not less
10 than 6 months before the date of
11 the application for assistance
12 under this subparagraph;
13 ‘‘(bb) is a commercial loan;
14 ‘‘(cc) the proceeds of which
15 were used to acquire an eligible
16 fixed asset;
17 ‘‘(dd) was incurred for the
18 benefit of the small business con-
19 cern; and
20 ‘‘(ee) is collateralized by eli-
21 gible fixed assets; and
22 ‘‘(ii) AUTHORITY.—A project that does
23 not involve the expansion of a small busi-
24 ness concern may include the refinancing of
25 qualified debt if—
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1 ‘‘(I) the amount of the financing
2 is not more than 90 percent of the
3 value of the collateral for the financing,
4 except that, if the appraised value of
5 the eligible fixed assets serving as col-
6 lateral for the financing is less than
7 the amount equal to 125 percent of the
8 amount of the financing, the borrower
9 may provide additional cash or other
10 collateral to eliminate any deficiency;
11 ‘‘(II) the borrower has been in op-
12 eration for all of the 2-year period end-
13 ing on the date the loan application is
14 submitted; and
15 ‘‘(III) for a financing for which
16 the Administrator determines there
17 will be an additional cost attributable
18 to the refinancing of the qualified debt,
19 the borrower agrees to pay a fee in an
20 amount equal to the anticipated addi-
21 tional cost.
22 ‘‘(iii) FINANCING FOR BUSINESS EX-
23 PENSES.—
24 ‘‘(I) FINANCING FOR BUSINESS
25 EXPENSES.—The Administrator may
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1 provide financing to a borrower that
2 receives financing that includes a refi-
3 nancing of qualified debt under clause
4 (ii), in addition to the refinancing
5 under clause (ii), to be used solely for
6 the payment of business expenses.
7 ‘‘(II) APPLICATION FOR FINANC-
8 ING.—An application for financing
9 under subclause (I) shall include—
10 ‘‘(aa) a specific description
11 of the expenses for which the addi-
12 tional financing is requested; and
13 ‘‘(bb) an itemization of the
14 amount of each expense.
15 ‘‘(III) CONDITION ON ADDITIONAL
16 FINANCING.—A borrower may not use
17 any part of the financing under this
18 clause for non-business purposes.
19 ‘‘(iv) LOANS BASED ON JOBS.—
20 ‘‘(I) JOB CREATION AND RETEN-
21 TION GOALS.—
22 ‘‘(aa) IN GENERAL.—The Ad-
23 ministrator may provide financ-
24 ing under this subparagraph for a
25 borrower that meets the job cre-
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1 ation goals under subsection (d)
2 or (e) of section 501.
3 ‘‘(bb) ALTERNATE JOB RE-
4 TENTION GOAL.—The Adminis-
5 trator may provide financing
6 under this subparagraph to a bor-
7 rower that does not meet the goals
8 described in item (aa) in an
9 amount that is not more than the
10 product obtained by multiplying
11 the number of employees of the
12 borrower by $75,000.
13 ‘‘(II) NUMBER OF EMPLOYEES.—
14 For purposes of subclause (I), the num-
15 ber of employees of a borrower is equal
16 to the sum of—
17 ‘‘(aa) the number of full-
18 time employees of the borrower on
19 the date on which the borrower
20 applies for a loan under this sub-
21 paragraph; and
22 ‘‘(bb) the product obtained by
23 multiplying—
24 ‘‘(AA) the number of
25 part-time employees of the
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1 borrower on the date on
2 which the borrower applies
3 for a loan under this sub-
4 paragraph, by
5 ‘‘(BB) the quotient ob-
6 tained by dividing the aver-
7 age number of hours each
8 part time employee of the
9 borrower works each week by
10 40.
11 ‘‘(vi) TOTAL AMOUNT OF LOANS.—The
12 Administrator may provide not more than
13 a total of $7,500,000,000 of financing under
14 this subparagraph for each fiscal year.’’.
15 (c) REFINANCING SENIOR PROJECT DEBT.—During
16 the 1-year period beginning on the date of the enactment
17 of this Act, a development company described under title
18 V of the Small Business Investment Act of 1958 (15 U.S.C.
19 695 et seq.) is authorized to allow the refinancing of a sen-
20 ior loan on an existing project in an amount that, when
21 combined with the outstanding balance on the development
22 company loan, is not more than 90 percent of the total
23 value of the senior loan. Proceeds of such refinancing can
24 be used to support business operating expenses of such devel-
25 opment company.
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1 SEC. 607. TEMPORARY FEE REDUCTIONS.
2 (a) ADMINISTRATIVE FEE WAIVER.—
3 (1) IN GENERAL.—During the period beginning
4 on the date of enactment of this Act and ending on
5 September 30, 2021, and to the extent that the cost
6 of such elimination or reduction of fees is offset by
7 appropriations, with respect to each loan guaranteed
8 under section 7(a) of the Small Business Act (15
9 U.S.C. 636(a)) (including a recipient of assistance
10 under the Community Advantage Pilot Program of
11 the Administration) for which an application is ap-
12 proved or pending approval on or after the date of en-
13 actment of this Act, the Administrator shall—
14 (A) in lieu of the fee otherwise applicable
15 under section 7(a)(23)(A) of the Small Business
16 Act (15 U.S.C. 636(a)(23)(A)), collect no fee or
17 reduce fees to the maximum extent possible; and
18 (B) in lieu of the fee otherwise applicable
19 under section 7(a)(18)(A) of the Small Business
20 Act (15 U.S.C. 636(a)(18)(A)), collect no fee or
21 reduce fees to the maximum extent possible.
22 (2) APPLICATION OF FEE ELIMINATIONS OR RE-
23 DUCTIONS.—To the extent that amounts are made
24 available to the Administrator for the purpose of fee
25 eliminations or reductions under paragraph (1), the
26 Administrator shall—
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1 (A) first use any amounts provided to
2 eliminate or reduce fees paid by small business
3 borrowers under clauses (i) through (iii) of sec-
4 tion 7(a)(18)(A) of the Small Business Act (15
5 U.S.C. 636(a)(18)(A)), to the maximum extent
6 possible; and
7 (B) then use any amounts provided to
8 eliminate or reduce fees under 7(a)(23)(A) of the
9 Small Business Act (15 U.S.C. 636(a)(23)(A)).
10 (c) TEMPORARY FEE ELIMINATION FOR THE 504 LOAN
11 PROGRAM.—
12 (1) IN GENERAL.—During the period beginning
13 on the date of enactment of this section and ending
14 on September 30, 2021, and to the extent the cost of
15 such elimination in fees is offset by appropriations,
16 with respect to each project or loan guaranteed by the
17 Administrator pursuant to title V of the Small Busi-
18 ness Investment Act of 1958 (15 U.S.C. 695 et seq.)
19 for which an application is approved or pending ap-
20 proval on or after the date of enactment of this sec-
21 tion—
22 (A) the Administrator shall, in lieu of the
23 fee otherwise applicable under section 503(d)(2)
24 of the Small Business Investment Act of 1958
25 (15 U.S.C. 697(d)(2)), collect no fee; and
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1 (B) a development company shall, in lieu of
2 the processing fee under section 120.971(a)(1) of
3 title 13, Code of Federal Regulations (relating to
4 fees paid by borrowers), or any successor thereto,
5 collect no fee.
6 (2) REIMBURSEMENT FOR WAIVED FEES.—
7 (A) IN GENERAL.—To the extent that the
8 cost of such payments is offset by appropria-
9 tions, the Administrator shall reimburse each de-
10 velopment company that does not collect a proc-
11 essing fee pursuant to paragraph (1)(B).
12 (B) AMOUNT.—The payment to a develop-
13 ment company under subparagraph (A) shall be
14 in an amount equal to 1.5 percent of the net de-
15 benture proceeds for which the development com-
16 pany does not collect a processing fee pursuant
17 to paragraph (1)(B).
18 SEC. 608. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.
19 (a) IN GENERAL.—The Administrator shall ensure
20 that a small business concern participating in the program
21 established under section 8(a) of the Small Business Act on
22 or before March 13, 2020, may elect to extend such partici-
23 pation by a period of 1 year, regardless of whether such
24 concern previously elected to suspend participation in such
25 program pursuant to guidance of the Administrator.
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1 (b) EMERGENCY RULEMAKING AUTHORITY.—Not later
2 than 15 days after the date of enactment of this section,
3 the Administrator shall issue regulations to carry out this
4 section without regard to the notice requirements under sec-
5 tion 553(b) of title 5, United States Code.
6 SEC. 609. REPORT ON MINORITY, WOMEN, AND RURAL
7 LENDING.
8 Not later than 90 days after the date of the enactment
9 of this Act, the Administrator shall submit to the Committee
10 on Small Business of the House of Representatives and the
11 Committee on Small Business and Entrepreneurship of the
12 Senate a report to determine and quantify the extent to
13 which the programs established under subsections (a) and
14 (m) of section 7 of the Small Business Act, titles III and
15 V of the Small Business Investment Act of 1958, and the
16 Community Advantage Pilot Program of the Small Busi-
17 ness Administration have assisted in the establishment, de-
18 velopment, and performance of small business concerns
19 owned and controlled by socially and economically dis-
20 advantaged individuals (as defined in section 8(d)(3)(C) of
21 the Small Business Act), small business concerns owned and
22 controlled by women (as defined in section 3 of such Act),
23 and rural small businesses, including recommendations to
24 improve such access to capital programs.
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1 SEC. 610. COMPREHENSIVE PROGRAM GUIDANCE.
2 Not later than 7 days after the date of the enactment
3 of this Act, the Administrator shall—
4 (1) establish a process for accepting applications
5 for loan forgiveness under section 1106 of the CARES
6 Act (15 U.S.C. 9005);
7 (2) issue a comprehensive compilation of rules
8 and guidance issued related to covered loans made
9 under section 7(a)(36) of the Small Business Act (15
10 U.S.C. 636(a)(36)); and
11 (3) before accepting applications for supple-
12 mental covered loans under clause (ii) of section
13 7(a)(36)(B) of the Small Business Act (15 U.S.C.
14 636(a)(36)(B)), as added by section 202 of this divi-
15 sion, the Administrator shall issue comprehensive
16 rules and guidance to ensure that borrowers and lend-
17 ers are aware of eligibility and terms of receiving a
18 supplemental covered loan and the process for forgive-
19 ness of a supplemental covered loan.
20 SEC. 611. REPORTS ON PAYCHECK PROTECTION PROGRAM.
21 (a) REPORT TO CONGRESS.—Within 30 days after the
22 date of the enactment of this Act, and every 30 days there-
23 after until the end of the covered period described under
24 section 7(a)(36) of the Small Business Act (15 U.S.C.
25 636(a)(36)), the Secretary of the Treasury and the Adminis-
26 trator shall submit to the Committee on Small Business of
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1 the House of Representatives and the Committee on Small
2 Business and Entrepreneurship of the Senate a report, in
3 a searchable digital format, that includes, with respect to
4 each covered loan made under such section 7(a)(36)—
5 (1) the business name, address, and ZIP Code of
6 each recipient of the covered loan;
7 (2) the North American Industry Classification
8 System code and the type of entity of each such re-
9 cipient;
10 (3) demographic data of each such recipient;
11 (4) the number of jobs supported by the covered
12 loan;
13 (5) loan forgiveness data; and
14 (6) the amount and origination date of the cov-
15 ered loan.
16 (b) PUBLICLY AVAILABLE REPORT.—
17 (1) LARGER COVERED LOANS.—Within 30 days
18 after the date of the enactment of this Act, and every
19 30 days thereafter until the end of the covered period
20 described under section 7(a)(36) of the Small Busi-
21 ness Act (15 U.S.C. 636(a)(36)), for covered loans
22 made under such section 7(a)(36) in an amount
23 greater than or equal to $150,000, the Secretary of the
24 Treasury and the Administrator shall make publicly
25 available—
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1 (A) the information described under para-
2 graphs (1) through (4) of subsection (a); and
3 (B) the loan size range, of those listed below,
4 that the covered loan belongs—
5 (i) greater than or equal to $150,000
6 and less than $350,000;
7 (ii) greater than or equal to $350,000
8 and less than $1,000,000;
9 (iii) greater than or equal to
10 $1,000,000 and less than $2,000,000;
11 (iv) greater than or equal to
12 $2,000,000 and less than $5,000,000; and
13 (v) greater than or equal to $5,000,000
14 and less than $10,000,000.
15 (2) SMALLER COVERED LOANS.—Within 30 days
16 after the date of the enactment of this Act, and every
17 30 days thereafter until the end of the covered period
18 described under section 7(a)(36) of the Small Busi-
19 ness Act (15 U.S.C. 636(a)(36)), for covered loans
20 made under such section 7(a)(36) in an amount less
21 than $150,000, the Secretary of the Treasury and the
22 Administrator shall make publicly available the total
23 number of covered loans made and the amount of each
24 covered loan, disaggregated by ZIP Code of each re-
25 cipient, industry of each recipient, business type of
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1 each recipient, and demographic categories of each re-
2 cipient.
3 (3) PUBLICATION.—Information provided under
4 paragraphs (1) and (2) shall be made publicly avail-
5 able in a searchable digital format on websites of the
6 Department of the Treasury and the Small Business
7 Administration.
8 SEC. 612. PROHIBITING CONFLICTS OF INTEREST FOR
9 SMALL BUSINESS PROGRAMS UNDER THE
10 CARES ACT.
11 Section 4019 of the CARES Act (15 U.S.C. 9054) is
12 amended—
13 (1) in subsection (a), by adding at the end the
14 following:
15 ‘‘(7) SMALL BUSINESS ASSISTANCE.—The term
16 ‘small business assistance’ means assistance provided
17 under—
18 ‘‘(A) section 7(a)(36) of the Small Business
19 Act (15 U.S.C. 636(a)(36));
20 ‘‘(B) subsection (b) or (c) of section 1103 of
21 this Act;
22 ‘‘(C) section 1110 of this Act; or
23 ‘‘(D) section 1112 of this Act.’’;
24 (2) in subsection (b)—
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1 (A) by inserting ‘‘or provisions relating to
2 small business assistance’’ after ‘‘this subtitle’’;
3 and
4 (B) by inserting ‘‘or for any small business
5 assistance’’ before the period at the end; and
6 (3) in subsection (c)—
7 (A) by inserting ‘‘or seeking any small busi-
8 ness assistance’’ after ‘‘section 4003’’;
9 (B) by inserting ‘‘or small business assist-
10 ance’’ after ‘‘that transaction’’;
11 (C) by inserting ‘‘or the Administrator of
12 the Small Business Administration, as applica-
13 ble,’’ after ‘‘Federal Reserve System’’; and
14 (D) by inserting ‘‘or to receive the small
15 business assistance’’ after ‘‘in that transaction’’.
16 SEC. 613. INCLUSION OF SCORE AND VETERAN BUSINESS
17 OUTREACH CENTERS IN ENTREPRENEURIAL
18 DEVELOPMENT PROGRAMS.
19 (a) IN GENERAL.—Section 1103(a)(2) of the CARES
20 Act (15 U.S.C. 9002(a)(2)) is amended—
21 (1) in subparagraph (A), by striking ‘‘and’’ at
22 the end; and
23 (2) by adding at the end the following new sub-
24 paragraphs:
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1 ‘‘(C) a Veteran Business Outreach Center
2 (as described under section 32(d) of the Small
3 Business Act); and
4 ‘‘(D) the Service Corps of Retired Execu-
5 tives Association, or any successor or other orga-
6 nization, that receives a grant from the Adminis-
7 trator to operate the SCORE program estab-
8 lished under section 8(b)(2)(A) of the Small
9 Business Act;’’.
10 (b) FUNDING.—Section 1107(a)(4) of the CARES Act
11 (15 U.S.C. 9006(a)(4)) is amended—
12 (1) in subparagraph (A)—
13 (A) by striking ‘‘$240,000,000’’ and insert-
14 ing ‘‘$220,000,000’’;
15 (B) by striking ‘‘and’’ at the end; and
16 (2) by adding at the end the following new sub-
17 paragraphs:
18 ‘‘(C) $10,000,000 shall be for a Veteran
19 Business Outreach Center described in section
20 1103(a)(2)(C) of this Act to carry out activities
21 under such section; and
22 ‘‘(D) $10,000,000 shall be for the Service
23 Corps of Retired Executives Association described
24 in section 1103(a)(2)(D) of this Act to carry out
25 activities under such section;’’.
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1 SEC. 614. CLARIFICATION OF USE OF CARES ACT FUNDS
2 FOR SMALL BUSINESS DEVELOPMENT CEN-
3 TERS.
4 Section 1103(b)(3)(A) of the CARES Act (15 U.S.C.
5 9002(b)(3)(A)) is amended by adding at the end the fol-
6 lowing new sentence: ‘‘Funds awarded under this para-
7 graph shall be in addition to any amounts appropriated
8 for grants under section 21(a) of the Small Business Act,
9 and may be used to complement and support those appro-
10 priated program grants to assist small business concerns,
11 with prioritization of such concerns affected directly or in-
12 directly by COVID–19 as described in paragraph (2).’’.
13 SEC. 615. FUNDING FOR THE OFFICE OF INSPECTOR GEN-
14 ERAL OF THE SMALL BUSINESS ADMINISTRA-
15 TION.
16 Section 1107(a)(3) of the CARES Act (15 U.S.C.
17 9006(a)(3)) is amended by striking ‘‘September 30, 2024’’
18 and inserting ‘‘expended’’.
19 SEC. 616. EXTENSION OF WAIVER OF MATCHING FUNDS RE-
20 QUIREMENT UNDER THE WOMEN’S BUSINESS
21 CENTER PROGRAM.
22 Section 1105 of the CARES Act (15 U.S.C. 9004) is
23 amended by striking ‘‘During the 3-month period beginning
24 on the date of enactment of this Act,’’ and inserting ‘‘Until
25 December 31, 2020,’’.
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1 SEC. 617. ACCESS TO SMALL BUSINESS ADMINISTRATION
2 INFORMATION AND DATABASES.
3 Section 19010 of Division B of the CARES Act (Public
4 Law 116–136) is amended by—
5 (1) redesignating subsection (e) as subsection (f);
6 and
7 (2) by inserting after subsection (d) the following
8 new subsection:
9 ‘‘(e) SMALL BUSINESS ADMINISTRATION DATA-
10 BASES.—
11 ‘‘(1) IN GENERAL.—In conducting monitoring
12 and oversight under this section, the Comptroller Gen-
13 eral, upon notice to the Administrator of the Small
14 Business Administration, shall have direct access to
15 all information collected or produced in connection
16 with the administration of programs or provision of
17 assistance carried out by the Administrator, includ-
18 ing direct access to any information technology sys-
19 tems maintained or utilized by the Administrator to
20 collect, process, or analyze documents or information
21 submitted by borrowers, lenders, or others in connec-
22 tion with any such program or provision of assist-
23 ance. In this subsection, the term ‘direct access’ means
24 secured access to the information technology systems
25 maintained by the Administrator that would enable
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1 the Comptroller General to independently access,
2 view, download, and retrieve data from such systems.
3 ‘‘(2) INFORMATION TECHNOLOGY SYSTEMS.—The
4 Administrator of the Small Business Administration
5 shall appropriately identify and classify any sensitive
6 information contained in an information technology
7 system accessed by the Comptroller General.’’.
8 SEC. 618. SMALL BUSINESS LOCAL RELIEF PROGRAM.
9 (a) ESTABLISHMENT.—There is established in the De-
10 partment of the Treasury a Small Business Local Relief
11 Program to allocate resources to States, units of general
12 local government, and Indian Tribes to provide assistance
13 to eligible entities and organizations that assist eligible en-
14 tities.
15 (b) FUNDING.—
16 (1) FUNDING TO STATES, LOCALITIES, AND IN-
17 DIAN TRIBES.—
18 (A) IN GENERAL.—The Secretary of the
19 Treasury shall allocate—
20 (i) $10,250,000,000 to States and units
21 of general local government in accordance
22 with subparagraph (B)(i);
23 (ii) $4,250,000,000 to States in accord-
24 ance with subparagraph (B)(ii); and
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1 (iii) $500,000,000 to the Secretary of
2 Housing and Urban Development for allo-
3 cations to Indian Tribes in accordance with
4 subparagraph (B)(iii).
5 (B) ALLOCATIONS.—
6 (i) FORMULA FOR STATES AND UNITS
7 OF GENERAL LOCAL GOVERNMENT.—Of the
8 amount described under subparagraph
9 (A)(i)—
10 (I) 70 percent shall be allocated to
11 entitlement communities in accordance
12 with the formula under section 106(b)
13 of the Housing and Community Devel-
14 opment Act of 1974 (42 U.S.C.
15 5306(b)); and
16 (II) 30 percent shall be allocated
17 to States, for use in nonentitlement
18 areas, in accordance with the formula
19 under section 106(d)(1) of such Act (42
20 U.S.C. 5306(d)(1)).
21 (ii) RURAL BONUS FORMULA FOR
22 STATES.—The Secretary shall allocate the
23 amount described under subparagraph
24 (A)(ii) to States, for use in nonentitlement
25 areas, in accordance with the formula under
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1 section 106(d)(1) of such Act (42 U.S.C.
2 5306(d)(1)).
3 (iii) COMPETITIVE AWARDS TO INDIAN
4 TRIBES.—
5 (I) IN GENERAL.—The Secretary
6 of Housing and Urban Development
7 shall allocate to Indian Tribes on a
8 competitive basis the amount described
9 under subparagraph (A)(iii).
10 (II) REQUIREMENTS.—In making
11 allocations under subclause (I), the
12 Secretary of Housing and Urban De-
13 velopment shall, to the greatest extent
14 practicable, ensure that each Indian
15 Tribe that satisfies requirements estab-
16 lished by the Secretary of Housing and
17 Urban Development receives such an
18 allocation.
19 (C) STATE ALLOCATIONS FOR NONENTITLE-
20 MENT AREAS.—
21 (i) EQUITABLE ALLOCATION.—To the
22 greatest extent practicable, a State shall al-
23 locate amounts for nonentitlement areas
24 under clauses (i)(II) and (ii) of subpara-
25 graph (B) on an equitable basis.
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1 (ii) DISTRIBUTION OF AMOUNTS.—
2 (I) DISCRETION.—Not later than
3 14 days after the date on which a
4 State receives amounts for use in a
5 nonentitlement area under clause
6 (i)(II) or (ii) of subparagraph (B), the
7 State shall—
8 (aa) distribute the amounts,
9 or a portion thereof, to a unit of
10 general local government located
11 in the nonentitlement area or an
12 entity designated thereby, that has
13 established or will establish a
14 small business emergency fund,
15 for use under paragraph (2); or
16 (bb) elect to reserve the
17 amounts, or a portion thereof, for
18 use by the State under paragraph
19 (2) for the benefit of eligible enti-
20 ties located in the nonentitlement
21 area.
22 (II) SENSE OF CONGRESS.—It is
23 the sense of Congress that, in distrib-
24 uting amounts under subclause (I), in
25 the case of amounts allocated for a
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1 nonentitlement area in which a unit of
2 general local government or an entity
3 designated thereby has established a
4 small business emergency fund, a State
5 should, as quickly as is practicable,
6 distribute amounts to that unit of gen-
7 eral local government or entity, respec-
8 tively, as described in item (aa) of such
9 subclause.
10 (iii) TREATMENT OF STATES NOT ACT-
11 ING AS PASS-THROUGH AGENTS UNDER
12 CDBG.—The Secretary shall allocate
13 amounts to a State under this paragraph
14 without regard to whether the State has
15 elected to distribute amounts allocated
16 under section 106(d)(1) of the Housing and
17 Community Development Act of 1974 (42
18 U.S.C. 5306(d)(1)).
19 (2) USE OF FUNDS.—
20 (A) IN GENERAL.—A State, unit of general
21 local government, or Indian Tribe that receives
22 an allocation under paragraph (1), or an entity
23 designated by a unit of general local government
24 under paragraph (1)(C)(ii)(I)(aa), whether di-
25 rectly or indirectly, may use such allocation, not
•HR 925 EAH
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1 later than 60 days after receipt of such alloca-
2 tion—
3 (i) to provide funding to a small busi-
4 ness emergency fund established by that
5 State (or entity designated thereby), that
6 unit of general local government (or entity
7 designated thereby), that entity designated
8 by a unit of general local government, or
9 that Indian Tribe (or entity designated
10 thereby), respectively;
11 (ii) to provide funding to support or-
12 ganizations that provide technical assist-
13 ance to eligible entities; or
14 (iii) subject to subparagraph (B), to
15 pay for administrative costs incurred by
16 that State (or entity designated thereby),
17 that unit of general local government (or
18 entity designated thereby), that entity des-
19 ignated by a unit of general local govern-
20 ment, or that Indian Tribe (or entity des-
21 ignated thereby), respectively, in estab-
22 lishing and administering a small business
23 emergency fund.
24 (B) LIMITATION.—A State, unit of general
25 local government, or Indian Tribe, or an entity
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1 designated by a unit of general local government
2 under paragraph (1)(C)(ii)(I)(aa), may not use
3 more than 3 percent of an allocation received
4 under paragraph (1) for a purpose described in
5 subparagraph (A)(iii) of this paragraph.
6 (C) OBLIGATION DEADLINES.—
7 (i) STATES.—Of the amounts that a
8 State elects under paragraph
9 (1)(C)(ii)(I)(bb) to reserve for use by the
10 State under this paragraph—
11 (I) any amounts that the State
12 provides to a small business emergency
13 fund under subparagraph (A)(i) of this
14 paragraph shall be obligated by the
15 small business emergency fund for ex-
16 penditure not later than 74 days after
17 the date on which the State received
18 the amounts from the Secretary under
19 clause (i) or (ii) of paragraph (1)(A);
20 and
21 (II) any amounts that the State
22 chooses to provide to an organization
23 under subparagraph (A)(ii) of this
24 paragraph, or to use to pay for admin-
25 istrative costs under subparagraph
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1 (A)(iii) of this paragraph, shall be ob-
2 ligated by the State for expenditure not
3 later than 74 days after the date on
4 which the State received the amounts
5 from the Secretary under clause (i) or
6 (ii) of paragraph (1)(A).
7 (ii) ENTITLEMENT COMMUNITIES.—Of
8 the amounts that an entitlement community
9 receives from the Secretary under para-
10 graph (1)(B)(i)(I)—
11 (I) any amounts that the entitle-
12 ment community provides to a small
13 business emergency fund under sub-
14 paragraph (A)(i) of this paragraph
15 shall be obligated by the small business
16 emergency fund for expenditure not
17 later than 74 days after the date on
18 which the entitlement community re-
19 ceived the amounts; and
20 (II) any amounts that the entitle-
21 ment community chooses to provide to
22 an organization under subparagraph
23 (A)(ii) of this paragraph, or to use to
24 pay for administrative costs under sub-
25 paragraph (A)(iii) of this paragraph,
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1 shall be obligated by the entitlement
2 community for expenditure not later
3 than 74 days after the date on which
4 the entitlement community received the
5 amounts.
6 (iii) NONENTITLEMENT COMMU-
7 NITIES.—Of the amounts that a unit of gen-
8 eral local government, or an entity des-
9 ignated thereby, located in a nonentitlement
10 area receives from a State under paragraph
11 (1)(C)(ii)(I)(aa)—
12 (I) any amounts that the unit of
13 general local government or entity pro-
14 vides to a small business emergency
15 fund under subparagraph (A)(i) of this
16 paragraph shall be obligated by the
17 small business emergency fund for ex-
18 penditure not later than 60 days after
19 the date on which the unit of general
20 local government or entity received the
21 amounts; and
22 (II) any amounts that the unit of
23 general local government or entity
24 chooses to provide to a support organi-
25 zation under subparagraph (A)(ii) of
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1 this paragraph or to use to pay for ad-
2 ministrative costs under subparagraph
3 (A)(iii) of this paragraph shall be obli-
4 gated by the unit of general local gov-
5 ernment or entity for expenditure not
6 later than 60 days after the date on
7 which the unit of general local govern-
8 ment or entity received the amounts.
9 (D) RECOVERY OF UNOBLIGATED FUNDS.—
10 If a State, entitlement community, other unit of
11 general local government, entity designated by a
12 unit of general local government under para-
13 graph (1)(C)(ii)(I)(aa), or small business emer-
14 gency fund fails to obligate amounts by the ap-
15 plicable deadline under subparagraph (C), the
16 Secretary shall recover the amount of those
17 amounts that remain unobligated, as of that
18 deadline.
19 (E) COLLABORATION.—It is the sense of
20 Congress that—
21 (i) an entitlement community that re-
22 ceives amounts allocated under paragraph
23 (1)(B)(i)(I) should collaborate with the ap-
24 plicable local entity responsible for economic
25 development and small business develop-
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1 ment in establishing and administering a
2 small business emergency fund; and
3 (ii) States, units of general local gov-
4 ernment, and Indian Tribes that receive
5 amounts under paragraph (1) and are lo-
6 cated in the same region should collaborate
7 in establishing and administering one or
8 more small business emergency funds.
9 (c) SMALL BUSINESS EMERGENCY FUNDS.—With re-
10 spect to a small business emergency fund that receives funds
11 from an allocation made under subsection (b)—
12 (1) if the small business emergency fund makes
13 a loan to an eligible entity with those funds, the small
14 business emergency fund may use amounts returned
15 to the small business emergency fund from the repay-
16 ment of the loan to provide further assistance to eligi-
17 ble entities without regard to the termination date de-
18 scribed in subsection (g); and
19 (2) the small business emergency fund shall con-
20 duct outreach to eligible entities that are less likely to
21 participate in programs established under the
22 CARES Act (Public Law 116–136; 134 Stat. 281)
23 and the amendments made by that Act, including mi-
24 nority-owned entities, businesses in low-income com-
25 munities, businesses in rural and Tribal areas, and
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1 other businesses that are underserved by the tradi-
2 tional banking system.
3 (d) INFORMATION GATHERING.—
4 (1) IN GENERAL.—When providing assistance to
5 an eligible entity with funds received from an alloca-
6 tion made under subsection (b), the State, unit of gen-
7 eral local government, or Indian Tribe, or the entity
8 designated by a State, unit of general local govern-
9 ment, or Indian Tribe, that provides assistance
10 through a small business emergency fund shall—
11 (A) inquire whether the eligible entity is—
12 (i) in the case of an eligible entity that
13 is a business entity or a nonprofit organiza-
14 tion, a women-owned entity or a minority-
15 owned entity; and
16 (ii) in the case of an eligible entity
17 who is an individual, a woman or a minor-
18 ity; and
19 (B) maintain a record of the responses to
20 each inquiry conducted under subparagraph (A),
21 which the entity shall promptly submit to the
22 applicable State, unit of general local govern-
23 ment, or Indian Tribe.
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1 (2) RIGHT TO REFUSE.—An eligible entity may
2 refuse to provide any information requested under
3 paragraph (1)(A).
4 (e) REPORTING.—
5 (1) IN GENERAL.—Not later than 30 days after
6 the date on which a State, unit of general local gov-
7 ernment, or Indian Tribe initially receives an alloca-
8 tion made under subsection (b), and not later than 14
9 days after the date on which that State, unit of local
10 government, or Indian Tribe completes the full ex-
11 penditure of that allocation, that State, unit of gen-
12 eral local government, or Indian Tribe shall submit
13 to the Secretary a report that includes—
14 (A) the number of recipients of assistance
15 made available from the allocation;
16 (B) the total amount, and type, of assist-
17 ance made available from the allocation;
18 (C) to the extent applicable, with respect to
19 each recipient described in subparagraph (A),
20 information regarding the industry of the recipi-
21 ent, the amount of assistance received by the re-
22 cipient, the annual sales of the recipient, and the
23 number of employees of the recipient;
24 (D) to the extent available from information
25 collected under subsection (d), information re-
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1 garding the number of recipients described in
2 subparagraph (A) that are minority-owned enti-
3 ties, minorities, women, and women-owned enti-
4 ties;
5 (E) the ZIP Code of each recipient de-
6 scribed in subparagraph (A); and
7 (F) any other information that the Sec-
8 retary, in the sole discretion of the Secretary, de-
9 termines to be necessary to carry out the Pro-
10 gram.
11 (2) PUBLIC AVAILABILITY.—As soon as is prac-
12 ticable after receiving each report submitted under
13 paragraph (1), the Secretary shall make all informa-
14 tion contained in the report publicly available.
15 (f) RULES AND GUIDANCE.—The Secretary, in con-
16 sultation with the Administrator, shall issue any rules and
17 guidance that are necessary to carry out the Program, in-
18 cluding by establishing appropriate compliance and report-
19 ing requirements in addition to the reporting requirements
20 under subsection (e).
21 (g) TERMINATION.—The Program, and any rules and
22 guidance issued under subsection (f) with respect to the Pro-
23 gram, shall terminate on the date that is 1 year after the
24 date of enactment of this Act.
25 (h) DEFINITIONS.—In this section:
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis-
2 trator’’ means the Administrator of the Small Busi-
3 ness Administration.
4 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
5 ty’’—
6 (A) means a business concern or a nonprofit
7 organization (as defined in section
8 7(a)(36)(A)(vii) that—
9 (i) employs—
10 (I) not more than 20 full-time
11 equivalent employees; or
12 (II) if the entity or organization
13 is located in a low-income community,
14 not more than 50 full-time equivalent
15 employees;
16 (ii) has experienced a loss of revenue as
17 a result of the COVID–19 pandemic, ac-
18 cording to criteria established by the Sec-
19 retary; and
20 (iii) with respect to such an entity or
21 organization that receives assistance from a
22 small business emergency fund, satisfies ad-
23 ditional requirements, as determined by the
24 State, unit of general local government, In-
25 dian Tribe, or other entity that has estab-
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1 lished the small business emergency fund;
2 and
3 (B) includes an individual who operates
4 under a sole proprietorship, an individual who
5 operates as an independent contractor, and an
6 eligible self-employed individual if such an indi-
7 vidual has experienced a loss of revenue as a re-
8 sult of the COVID–19 pandemic, according to
9 criteria established by the Secretary.
10 (3) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—
11 The term ‘‘eligible self-employed individual’’ has the
12 meaning given the term in section 7(a)(36)(A) of the
13 Small Business Act (15 U.S.C. 636(a)(36)(A)).
14 (4) ENTITLEMENT COMMUNITY.—The term ‘‘enti-
15 tlement community’’ means a metropolitan city or
16 urban county, as those terms are defined in section
17 102 of the Housing and Community Development Act
18 of 1974 (42 U.S.C. 5302).
19 (5) FULL-TIME EQUIVALENT EMPLOYEES.—
20 (A) IN GENERAL.—The term ‘‘full-time
21 equivalent employees’’ means a number of em-
22 ployees equal to the number determined by divid-
23 ing—
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1 (i) the total number of hours of service
2 for which wages were paid by the employer
3 to employees during the taxable year, by
4 (ii) 2,080.
5 (B) ROUNDING.—The number determined
6 under subparagraph (A) shall be rounded to the
7 next lowest whole number if not otherwise a
8 whole number.
9 (C) EXCESS HOURS NOT COUNTED.—If an
10 employee works in excess of 2,080 hours of serv-
11 ice during any taxable year, such excess shall not
12 be taken into account under subparagraph (A).
13 (D) HOURS OF SERVICE.—The Secretary,
14 in consultation with the Secretary of Labor,
15 shall prescribe such regulations, rules, and guid-
16 ance as may be necessary to determine the hours
17 of service of an employee, including rules for the
18 application of this paragraph to employees who
19 are not compensated on an hourly basis.
20 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
21 has the meaning given the term ‘‘Indian tribe’’ in sec-
22 tion 102 of the Housing and Community Develop-
23 ment Act of 1974 (42 U.S.C. 5302).
24 (7) LOW-INCOME COMMUNITY.—The term ‘‘low-
25 income community’’ has the meaning given the term
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1 in section 45D(e) of the Internal Revenue Code of
2 1986.
3 (8) MINORITY.—The term ‘‘minority’’ has the
4 meaning given the term in section 1204(c)(3) of the
5 Financial Institutions Reform, Recovery, and En-
6 forcement Act of 1989 (12 U.S.C. 1811 note).
7 (9) MINORITY-OWNED ENTITY.—The term ‘‘mi-
8 nority-owned entity’’ means an entity—
9 (A) more than 50 percent of the ownership
10 or control of which is held by not less than 1 mi-
11 nority; and
12 (B) more than 50 percent of the net profit
13 or loss of which accrues to not less than 1 minor-
14 ity.
15 (10) NONENTITLEMENT AREA; STATE; UNIT OF
16 GENERAL LOCAL GOVERNMENT.—
17 (A) IN GENERAL.—Except as provided in
18 subparagraph (B), the terms ‘‘nonentitlement
19 area’’, ‘‘State’’, and ‘‘unit of general local gov-
20 ernment’’ have the meanings given those terms in
21 section 102 of the Housing and Community De-
22 velopment Act of 1974 (42 U.S.C. 5302).
23 (B) STATE.—For purposes of subpara-
24 graphs (A)(ii) and (B)(ii) of subsection (b)(1),
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1 the term ‘‘State’’ means any State of the United
2 States.
3 (11) PROGRAM.—The term ‘‘Program’’ means the
4 Small Business Local Relief Program established
5 under this section.
6 (12) SECRETARY.—The term ‘‘Secretary’’ means
7 the Secretary of the Treasury.
8 (13) SMALL BUSINESS EMERGENCY FUND.—The
9 term ‘‘small business emergency fund’’ means a fund
10 or program—
11 (A) established by a State, a unit of general
12 local government, an Indian Tribe, or an entity
13 designated by a State, unit of general local gov-
14 ernment, or Indian Tribe; and
15 (B) that provides or administers financing
16 to eligible entities in the form of grants, loans,
17 or other means in accordance with the needs of
18 eligible entities and the capacity of the fund or
19 program.
20 (14) WOMEN-OWNED ENTITY.—The term
21 ‘‘women-owned entity’’ means an entity—
22 (A) more than 50 percent of the ownership
23 or control of which is held by not less than 1
24 woman; and
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1 (B) more than 50 percent of the net profit
2 or loss of which accrues to not less than 1
3 woman.
4 SEC. 619. GRANTS FOR INDEPENDENT LIVE VENUE OPERA-
5 TORS.
6 (a) DEFINITIONS.—In this section:
7 (1) ADMINISTRATOR.—The term ‘‘Adminis-
8 trator’’ means the Administrator of the Small Busi-
9 ness Administration.
10 (2) ELIGIBLE OPERATOR, PROMOTER, PRODUCER,
11 OR TALENT REPRESENTATIVE.—
12 (A) IN GENERAL.—The term ‘‘eligible oper-
13 ator, promoter, producer, or talent representa-
14 tive’’ means a live venue operator or producer or
15 promoter or a talent representative that meets
16 the following requirements:
17 (i) The live venue operator or producer
18 or promoter or the talent representative was
19 fully operational as a live venue operator or
20 producer or promoter or talent representa-
21 tive on February 29, 2020.
22 (ii) As of the date of the grant under
23 this section—
24 (I) the live venue operator or pro-
25 ducer or promoter is organizing, pro-
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1 moting, producing, managing, or
2 hosting future events described in
3 paragraph (4)(A)(i); or
4 (II) the talent representative is
5 representing or managing artists and
6 entertainers.
7 (iii) The venues at which the live venue
8 operator or producer or promoter promotes,
9 produces, manages, or hosts events described
10 in paragraph (4)(A)(i) or the artists and
11 entertainers represented or managed by the
12 talent representative perform have the fol-
13 lowing characteristics:
14 (I) A defined performance and
15 audience space.
16 (II) Mixing equipment, a public
17 address system, and a lighting rig.
18 (III) Engages 1 or more individ-
19 uals to carry out not less than 2 of the
20 following roles:
21 (aa) A sound engineer.
22 (bb) A booker.
23 (cc) A promoter.
24 (dd) A stage manager.
25 (ee) Security personnel.
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1 (ff) A box office manager.
2 (IV) There is a paid ticket or
3 cover charge to attend most perform-
4 ances and artists are paid fairly and
5 do not play for free or solely for tips,
6 except for legitimate fundraisers or
7 similar charitable events.
8 (V) For a venue owned or oper-
9 ated by a nonprofit entity that pro-
10 duces free events, the events are pro-
11 duced and managed by paid employees,
12 not by volunteers.
13 (VI) Performances are marketed
14 through listings in printed or elec-
15 tronic publications, on websites, by
16 mass email, or on social media.
17 (iv) The live venue operator or pro-
18 ducer or promoter or the talent representa-
19 tive does not have, or is not majority owned
20 or controlled by an entity with, more than
21 1 of the following characteristics:
22 (I) Being an issuer, the securities
23 of which are listed on a national secu-
24 rities exchange.
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1 (II) Owning or operating venues
2 or talent agencies or talent manage-
3 ment companies with offices in more
4 than 1 country.
5 (III) Owning or operating venues
6 in more than 10 States.
7 (IV) Employing more than 500
8 employees, determined on a full-time
9 equivalent basis in accordance with
10 subparagraph (B).
11 (V) Receiving more than 10 per-
12 cent of gross revenue from Federal
13 funding.
14 (B) CALCULATION OF FULL-TIME EMPLOY-
15 EES.—For purposes of determining the number
16 of full-time equivalent employees under subpara-
17 graph (A)(iv)(IV)—
18 (i) any employee working not fewer
19 than 30 hours per week shall be considered
20 a full-time employee; and
21 (ii) any employee working not fewer
22 than 10 hours and fewer than 30 hours per
23 week shall be counted as one-half of a full-
24 time employee.
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1 (3) EXCHANGE; ISSUER; SECURITY.—The terms
2 ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the mean-
3 ings given such terms in section 3(a) of the Securities
4 Exchange Act of 1934 (15 U.S.C. 78c(a)).
5 (4) LIVE VENUE OPERATOR OR PRODUCER OR
6 PROMOTER.—The term ‘‘live venue operator or pro-
7 ducer or promoter’’—
8 (A) means—
9 (i) an individual or entity—
10 (I) that organizes, promotes, sells
11 tickets, produces, manages, or hosts live
12 concerts, comedy shows, theatrical pro-
13 ductions, or other events by performing
14 artists and applies cover charge
15 through ticketing or front door en-
16 trance fee; and
17 (II) not less than 70 percent of the
18 revenue of which is generated through
19 cover charges or ticket sales and the
20 sale of beverages, food, or merchandise
21 during such live events; or
22 (ii) as a principle business activity,
23 makes tickets to events described in clause
24 (i)(I) available for purchase by the public
25 an average of not less than 60 days before
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1 the date of the event and pays performers in
2 an event described in clause (i)(I) in an
3 amount that is based on a percentage of
4 sales, guarantee (in writing or standard
5 contract), or another mutually beneficial
6 formal agreement; and
7 (B) includes an individual or entity de-
8 scribed in subparagraph (A) that—
9 (i) operates for profit or as a non-
10 profit;
11 (ii) is government-owned; or
12 (iii) is a corporation, limited liability
13 company, or partnership or operated as a
14 sole proprietorship.
15 (5) NATIONAL SECURITIES EXCHANGE.—The
16 term ‘‘national securities exchange’’ means an ex-
17 change registered as a national securities exchange
18 under section 6 of the Securities Exchange Act of
19 1934 (15 U.S.C. 78f).
20 (6) STATE.—The term ‘‘State’’ means—
21 (A) a State;
22 (B) the District of Columbia;
23 (C) the Commonwealth of Puerto Rico; and
24 (D) any other territory or possession of the
25 United States.
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1 (7) TALENT REPRESENTATIVE.—The term ‘‘tal-
2 ent representative’’—
3 (A) means an agent or manager that—
4 (i) as not less than 70 percent of the
5 operations of the agent or manager, is en-
6 gaged in representing or managing artists
7 and entertainers;
8 (ii) books musicians, comedians, ac-
9 tors, or similar performing artists pri-
10 marily in independent venues or at fes-
11 tivals; and
12 (iii) represents performers described in
13 clause (ii) that are paid in an amount that
14 is based on the number of tickets sold, or a
15 similar basis; and
16 (B) includes an agent or manager described
17 in subparagraph (A) that—
18 (i) operates for profit or as a non-
19 profit;
20 (ii) is government-owned; or
21 (iii) is a corporation, limited liability
22 company, or partnership or operated as a
23 sole proprietorship.
24 (b) AUTHORITY.—
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1 (1) INITIAL GRANTS.—The Administrator may
2 make initial grants to eligible operators, promoters,
3 and talent representatives in accordance with this sec-
4 tion.
5 (2) SUPPLEMENTAL GRANTS.—The Adminis-
6 trator may make a supplemental grant in accordance
7 with this section to an eligible operator, promoter,
8 producer, or talent representative that receives a
9 grant under paragraph (1) if, as of December 1, 2020,
10 the revenues of the eligible operator, promoter, pro-
11 ducer, or talent representative for the most recent cal-
12 endar quarter are not more than 20 percent of the
13 revenues of the eligible operator, promoter, producer,
14 or talent representative for the corresponding calendar
15 quarter during 2019 due to the COVID–19 pandemic.
16 (3) CERTIFICATION.—An eligible operator, pro-
17 moter, producer, or talent representative applying for
18 a grant under this section that is an eligible business
19 described in the matter preceding subclause (I) of sec-
20 tion 4003(c)(3)(D)(i) of the CARES Act (15 U.S.C.
21 9042(c)(3)(D)(i)), shall make a good-faith certifi-
22 cation described in subclauses (IX) and (X) of such
23 section.
24 (c) AMOUNT.—
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1 (1) INITIAL GRANTS.—A grant under subsection
2 (b)(1) shall be in the amount equal to the lesser of—
3 (A) the amount equal to 45 percent of the
4 gross revenue of the eligible operator, promoter,
5 producer, or talent representative during 2019;
6 (B) for an eligible operator, promoter, pro-
7 ducer, or talent representative that began oper-
8 ations after January 1, 2019, the amount equal
9 to the product obtained by multiplying—
10 (i) the average monthly gross revenue
11 for each full month during which the entity
12 was in operation during 2019, by
13 (ii) 6; or
14 (C) $12,000,000.
15 (2) SUPPLEMENTAL GRANTS.—A grant under
16 subsection (b)(2) shall be in the amount equal to 50
17 percent of the grant received by the eligible operator,
18 promoter, producer, or talent representative under
19 subsection (b)(1).
20 (d) USE OF FUNDS.—
21 (1) TIMING.—
22 (A) EXPENSES INCURRED.—
23 (i) IN GENERAL.—Except as provided
24 in clause (ii), amounts received under a
25 grant under this section may be used for
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1 costs incurred during the period beginning
2 on March 1, 2020, and ending on December
3 31, 2021.
4 (ii) EXTENSION FOR SUPPLEMENTAL
5 GRANTS.—If an eligible operator, promoter,
6 producer, or talent representative receives a
7 grant under subsection (b)(2), amounts re-
8 ceived under either grant under this section
9 may be used for costs incurred during the
10 period beginning on March 1, 2020, and
11 ending on June 30, 2022.
12 (B) EXPENDITURE.—
13 (i) IN GENERAL.—Except as provided
14 in clause (ii), an eligible operator, pro-
15 moter, producer, or talent representative
16 shall return to the Administrator any
17 amounts received under a grant under this
18 section that are not expended on or before
19 the date that is 1 year after the date of dis-
20 bursement of the grant.
21 (ii) EXTENSION FOR SUPPLEMENTAL
22 GRANTS.—If an eligible operator, promoter,
23 producer, or talent representative receives a
24 grant under subsection (b)(2), the eligible
25 operator, promoter, producer, or talent rep-
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1 resentative shall return to the Adminis-
2 trator any amounts received under either
3 grant under this section that are not ex-
4 pended on or before the date that is 18
5 months after the date of disbursement to the
6 eligible operator, promoter, producer, or tal-
7 ent representative of the grant under sub-
8 section (b)(1).
9 (2) ALLOWABLE EXPENSES.—An eligible oper-
10 ator, promoter, producer, or talent representative may
11 use amounts received under a grant under this section
12 for—
13 (A) payroll costs for employees and fur-
14 loughed employees, including—
15 (i) costs for continuation coverage pro-
16 vided pursuant to part 6 of subtitle B of
17 title I of the Employee Retirement Income
18 Security Act of 1974 (other than under sec-
19 tion 609 of such Act), title XXII of the Pub-
20 lic Health Service Act, section 4980B of the
21 Internal Revenue Code of 1986 (other than
22 subsection (f)(1) of such section insofar as it
23 relates to pediatric vaccines), or section
24 8905a of title 5, United States Code, or
25 under a State program that provides com-
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1 parable continuation coverage, other than
2 coverage under a health flexible spending
3 arrangement under a cafeteria plan within
4 the meaning of section 125 of the Internal
5 Revenue Code of 1986; or
6 (ii) any other non-cash benefit;
7 (B) rent;
8 (C) utilities;
9 (D) mortgage interest payments on existing
10 mortgages as of February 15, 2020;
11 (E) scheduled interest payments on other
12 scheduled debt as of February 15, 2020;
13 (F) costs related to personal protective
14 equipment;
15 (G) payments of principal on outstanding
16 loans;
17 (H) payments made to independent contrac-
18 tors, as reported on Form–1099 MISC; and
19 (I) other ordinary and necessary business
20 expenses, including—
21 (i) settling existing debts owed to ven-
22 dors;
23 (ii) maintenance expenses;
24 (iii) administrative costs;
25 (iv) taxes;
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1 (v) operating leases;
2 (vi) insurance;
3 (vii) advertising, production transpor-
4 tation, and capital expenditures related to
5 producing a theatrical production, concert,
6 or comedy show; and
7 (viii) any other capital expenditure or
8 expense required under any State, local, or
9 Federal law or guideline related to social
10 distancing.
11 (3) PROHIBITED EXPENSES.—An eligible oper-
12 ator, promoter, producer, or talent representative may
13 not use amounts received under a grant under this
14 section—
15 (A) to purchase real estate;
16 (B) for payments of interest or principal on
17 loans originated after February 15, 2020;
18 (C) to invest or re-lend funds;
19 (D) for contributions or expenditures to, or
20 on behalf of, any political party, party com-
21 mittee, or candidate for elective office; or
22 (E) for any other use as may be prohibited
23 by the Administrator.
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1 DIVISION F—REVENUE
2 PROVISIONS
3 SEC. 100. SHORT TITLE, ETC.
4 (a) SHORT TITLE.—This division may be cited as the
5 ‘‘COVID–19 Tax Relief Act of 2020’’.
6 (b) TABLE OF CONTENTS.—The table of contents for
7 this division is as follows:
Sec. 100. Short title, etc.
TITLE I—ECONOMIC STIMULUS
Subtitle A—Additional Recovery Rebates to Individuals
Sec. 101. Additional recovery rebates to individuals.
Subtitle B—Earned Income Tax Credit
Sec. 111. Strengthening the earned income tax credit for individuals with no
qualifying children.
Sec. 112. Taxpayer eligible for childless earned income credit in case of quali-
fying children who fail to meet certain identification require-
ments.
Sec. 113. Credit allowed in case of certain separated spouses.
Sec. 114. Elimination of disqualified investment income test.
Sec. 115. Application of earned income tax credit in possessions of the United
States.
Sec. 116. Temporary special rule for determining earned income for purposes of
earned income tax credit.
Subtitle C—Child Tax Credit
Sec. 121. Child tax credit improvements for 2020.
Sec. 122. Application of child tax credit in possessions.
Subtitle D—Dependent Care Assistance
Sec. 131. Refundability and enhancement of child and dependent care tax credit.
Sec. 132. Increase in exclusion for employer-provided dependent care assistance.
Subtitle E—Credits for Paid Sick and Family Leave
Sec. 141. Extension of credits.
Sec. 142. Repeal of reduced rate of credit for certain leave.
Sec. 143. Increase in limitations on credits for paid family leave.
Sec. 144. Election to use prior year net earnings from self-employment in deter-
mining average daily self-employment income.
Sec. 145. Federal, State, and local governments allowed tax credits for paid sick
and paid family and medical leave.
Sec. 146. Certain technical improvements.
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Sec. 147. Credits not allowed to certain large employers.
Subtitle F—Deduction of State and Local Taxes
Sec. 151. Elimination for 2020 limitation on deduction of State and local taxes.
TITLE II—PROVISIONS TO PREVENT BUSINESS INTERRUPTION
Sec. 201. Improvements to employee retention and rehiring credit.
Sec. 202. Certain loan forgiveness and other business financial assistance under
CARES Act not includible in gross income.
Sec. 203. Clarification of treatment of expenses paid or incurred with proceeds
from certain grants and loans.
TITLE III—NET OPERATING LOSSES
Sec. 301. Limitation on excess business losses of non-corporate taxpayers restored
and made permanent.
Sec. 302. Certain taxpayers allowed carryback of net operating losses arising in
2019 and 2020.
1 TITLE I—ECONOMIC STIMULUS
2 Subtitle A—Additional Recovery
3 Rebates to Individuals
4 SEC. 101. ADDITIONAL RECOVERY REBATES TO INDIVID-
5 UALS.
6 (a) IN GENERAL.—Subchapter B of chapter 65 of the
7 Internal Revenue Code of 1986 is amended by inserting
8 after section 6428 the following new section:
9 ‘‘SEC. 6428A. ADDITIONAL RECOVERY REBATES TO INDIVID-
10 UALS.
11 ‘‘(a) IN GENERAL.—In the case of an eligible indi-
12 vidual, there shall be allowed as a credit against the tax
13 imposed by subtitle A for the first taxable year beginning
14 in 2020 an amount equal to the additional rebate amount
15 determined for such taxable year.
16 ‘‘(b) ADDITIONAL REBATE AMOUNT.—For purposes of
17 this section, the term ‘additional rebate amount’ means,
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1 with respect to any taxpayer for any taxable year, the sum
2 of—
3 ‘‘(1) $1,200 ($2,400 in the case of a joint re-
4 turn), plus
5 ‘‘(2) $500 multiplied by the number of depend-
6 ents of the taxpayer for such taxable year.
7 ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this sec-
8 tion, the term ‘eligible individual’ means any individual
9 other than—
10 ‘‘(1) any nonresident alien individual,
11 ‘‘(2) any individual with respect to whom a de-
12 duction under section 151 is allowable to another tax-
13 payer for a taxable year beginning in the calendar
14 year in which the individual’s taxable year begins,
15 and
16 ‘‘(3) an estate or trust.
17 ‘‘(d) LIMITATION BASED ON MODIFIED ADJUSTED
18 GROSS INCOME.—The amount of the credit allowed by sub-
19 section (a) (determined without regard to this subsection
20 and subsection (f)) shall be reduced (but not below zero)
21 by 5 percent of so much of the taxpayer’s modified adjusted
22 gross income as exceeds—
23 ‘‘(1) $150,000 in the case of a joint return or a
24 surviving spouse (as defined in section 2(a)),
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1 ‘‘(2) $112,500 in the case of a head of household
2 (as defined in section 2(b)), and
3 ‘‘(3) $75,000 in any other case.
4 ‘‘(e) DEFINITIONS AND SPECIAL RULES.—
5 ‘‘(1) MODIFIED ADJUSTED GROSS INCOME.—For
6 purposes of this subsection (other than this para-
7 graph), the term ‘modified adjusted gross income’
8 means adjusted gross income determined without re-
9 gard to sections 911, 931, and 933.
10 ‘‘(2) DEPENDENT DEFINED.—For purposes of
11 this section, the term ‘dependent’ has the meaning
12 given such term by section 152.
13 ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The
14 credit allowed by subsection (a) shall be treated as al-
15 lowed by subpart C of part IV of subchapter A of
16 chapter 1.
17 ‘‘(4) IDENTIFICATION NUMBER REQUIREMENT.—
18 ‘‘(A) IN GENERAL.—The $1,200 amount in
19 subsection (b)(1) shall be treated as being zero
20 unless the taxpayer includes the TIN of the tax-
21 payer on the return of tax for the taxable year.
22 ‘‘(B) JOINT RETURNS.—In the case of a
23 joint return, the $2,400 amount in subsection
24 (b)(1) shall be treated as being—
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1 ‘‘(i) zero if the TIN of neither spouse
2 is included on the return of tax for the tax-
3 able year, and
4 ‘‘(ii) $1,200 if the TIN of only one
5 spouse is so included.
6 ‘‘(C) DEPENDENTS.—A dependent shall not
7 be taken into account under subsection (b)(2) un-
8 less the TIN of such dependent is included on the
9 return of tax for the taxable year.
10 ‘‘(D) COORDINATION WITH CERTAIN AD-
11 VANCE PAYMENTS.—In the case of any payment
12 made pursuant to subsection (g)(5)(A)(ii), a TIN
13 shall be treated for purposes of this paragraph as
14 included on the taxpayer’s return of tax if such
15 TIN is provided pursuant to such subsection.
16 ‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF
17 CREDIT.—
18 ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The
19 amount of the credit which would (but for this para-
20 graph) be allowable under subsection (a) shall be re-
21 duced (but not below zero) by the aggregate refunds
22 and credits made or allowed to the taxpayer (or any
23 dependent of the taxpayer) under subsection (g). Any
24 failure to so reduce the credit shall be treated as aris-
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1 ing out of a mathematical or clerical error and as-
2 sessed according to section 6213(b)(1).
3 ‘‘(2) JOINT RETURNS.—In the case of a refund or
4 credit made or allowed under subsection (g) with re-
5 spect to a joint return, half of such refund or credit
6 shall be treated as having been made or allowed to
7 each individual filing such return.
8 ‘‘(g) ADVANCE REFUNDS AND CREDITS.—
9 ‘‘(1) IN GENERAL.—Subject to paragraph (5),
10 each individual who was an eligible individual for
11 such individual’s first taxable year beginning in 2019
12 shall be treated as having made a payment against
13 the tax imposed by chapter 1 for such taxable year in
14 an amount equal to the advance refund amount for
15 such taxable year.
16 ‘‘(2) ADVANCE REFUND AMOUNT.—For purposes
17 of paragraph (1), the advance refund amount is the
18 amount that would have been allowed as a credit
19 under this section for such taxable year if this section
20 (other than subsection (f) and this subsection) had ap-
21 plied to such taxable year.
22 ‘‘(3) TIMING AND MANNER OF PAYMENTS.—
23 ‘‘(A) TIMING.—The Secretary shall, subject
24 to the provisions of this title, refund or credit
25 any overpayment attributable to this section as
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1 rapidly as possible. No refund or credit shall be
2 made or allowed under this subsection after De-
3 cember 31, 2020.
4 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith-
5 standing any other provision of law, the Sec-
6 retary may certify and disburse refunds payable
7 under this subsection electronically to any ac-
8 count to which the payee authorized, on or after
9 January 1, 2018, the delivery of a refund of
10 taxes under this title or of a Federal payment
11 (as defined in section 3332 of title 31, United
12 States Code).
13 ‘‘(C) WAIVER OF CERTAIN RULES.—Not-
14 withstanding section 3325 of title 31, United
15 States Code, or any other provision of law, with
16 respect to any payment of a refund under this
17 subsection, a disbursing official in the executive
18 branch of the United States Government may
19 modify payment information received from an
20 officer or employee described in section
21 3325(a)(1)(B) of such title for the purpose of fa-
22 cilitating the accurate and efficient delivery of
23 such payment. Except in cases of fraud or reck-
24 less neglect, no liability under sections 3325,
25 3527, 3528, or 3529 of title 31, United States
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1 Code, shall be imposed with respect to payments
2 made under this subparagraph.
3 ‘‘(4) NO INTEREST.—No interest shall be allowed
4 on any overpayment attributable to this section.
5 ‘‘(5) APPLICATION TO INDIVIDUALS WHO DO NOT
6 FILE A RETURN OF TAX FOR 2019.—
7 ‘‘(A) IN GENERAL.—In the case of an indi-
8 vidual who, at the time of any determination
9 made pursuant to paragraph (3), has not filed
10 a tax return for the year described in paragraph
11 (1), the Secretary shall—
12 ‘‘(i) apply paragraph (1) by sub-
13 stituting ‘2018’ for ‘2019’, and
14 ‘‘(ii) in the case of a specified indi-
15 vidual who has not filed a tax return for
16 such individual’s first taxable year begin-
17 ning in 2018, determine the advance refund
18 amount with respect to such individual
19 without regard to subsections (d) and on the
20 basis of information with respect to such in-
21 dividual which is provided by—
22 ‘‘(I) in the case of a specified so-
23 cial security beneficiary or a specified
24 supplemental security income recipi-
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1 ent, the Commissioner of Social Secu-
2 rity,
3 ‘‘(II) in the case of a specified
4 railroad retirement beneficiary, the
5 Railroad Retirement Board, and
6 ‘‘(III) in the case of a specified
7 veterans beneficiary, the Secretary of
8 Veterans Affairs (in coordination with,
9 and with the assistance of, the Com-
10 missioner of Social Security if appro-
11 priate).
12 ‘‘(B) SPECIFIED INDIVIDUAL.—For purposes
13 of this paragraph, the term ‘specified individual’
14 means any individual who is—
15 ‘‘(i) a specified social security bene-
16 ficiary,
17 ‘‘(ii) a specified supplemental security
18 income recipient,
19 ‘‘(iii) a specified railroad retirement
20 beneficiary, or
21 ‘‘(iv) a specified veterans beneficiary.
22 ‘‘(C) SPECIFIED SOCIAL SECURITY BENE-
23 FICIARY.—For purposes of this paragraph—
24 ‘‘(i) IN GENERAL.—The term ‘specified
25 social security beneficiary’ means any indi-
•HR 925 EAH
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1 vidual who, for the last month that ends
2 prior to the date of enactment of this sec-
3 tion, is entitled to any monthly insurance
4 benefit payable under title II of the Social
5 Security Act (42 U.S.C. 401 et seq.), includ-
6 ing payments made pursuant to sections
7 202(d), 223(g), and 223(i)(7) of such Act.
8 ‘‘(ii) EXCEPTION.—Such term shall not
9 include any individual if such benefit is not
10 payable for such month by reason of section
11 202(x) of the Social Security Act (42 U.S.C.
12 402(x)) or section 1129A of such Act (42
13 U.S.C. 1320a–8a).
14 ‘‘(D) SPECIFIED SUPPLEMENTAL SECURITY
15 INCOME RECIPIENT.—For purposes of this para-
16 graph—
17 ‘‘(i) IN GENERAL.—The term ‘specified
18 supplemental security income recipient’
19 means any individual who, for the last
20 month that ends prior to the date of enact-
21 ment of this section, is eligible for a month-
22 ly benefit payable under title XVI of the So-
23 cial Security Act (42 U.S.C. 1381 et seq.)
24 (other than a benefit to an individual de-
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1 scribed in section 1611(e)(1)(B) of such Act
2 (42 U.S.C. 1382(e)(1)(B)), including—
3 ‘‘(I) payments made pursuant to
4 section 1614(a)(3)(C) of such Act (42
5 U.S.C. 1382c(a)(3)(C)),
6 ‘‘(II) payments made pursuant to
7 section 1619(a) (42 U.S.C. 1382h) or
8 subsections (a)(4), (a)(7), or (p)(7) of
9 section 1631 (42 U.S.C. 1383) of such
10 Act, and
11 ‘‘(III) State supplementary pay-
12 ments of the type referred to in section
13 1616(a) of such Act (42 U.S.C.
14 1382e(a)) (or payments of the type de-
15 scribed in section 212(a) of Public Law
16 93–66) which are paid by the Commis-
17 sioner under an agreement referred to
18 in such section 1616(a) (or section
19 212(a) of Public Law 93–66).
20 ‘‘(ii) EXCEPTION.—Such term shall not
21 include any individual if such monthly ben-
22 efit is not payable for such month by reason
23 of subsection (e)(1)(A) or (e)(4) of section
24 1611 (42 U.S.C. 1382) or section 1129A of
25 such Act (42 U.S.C. 1320a–8a).
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1 ‘‘(E) SPECIFIED RAILROAD RETIREMENT
2 BENEFICIARY.—For purposes of this paragraph,
3 the term ‘specified railroad retirement bene-
4 ficiary’ means any individual who, for the last
5 month that ends prior to the date of enactment
6 of this section, is entitled to a monthly annuity
7 or pension payment payable (without regard to
8 section 5(a)(ii) of the Railroad Retirement Act of
9 1974 (45 U.S.C. 231d(a)(ii))) under—
10 ‘‘(i) section 2(a)(1) of such Act (45
11 U.S.C. 231a(a)(1)),
12 ‘‘(ii) section 2(c) of such Act (45
13 U.S.C. 231a(c)),
14 ‘‘(iii) section 2(d)(1) of such Act (45
15 U.S.C. 231a(d)(1)), or
16 ‘‘(iv) section 7(b)(2) of such Act (45
17 U.S.C. 231f(b)(2)) with respect to any of the
18 benefit payments described in subparagraph
19 (C)(i).
20 ‘‘(F) SPECIFIED VETERANS BENEFICIARY.—
21 For purposes of this paragraph—
22 ‘‘(i) IN GENERAL.—The term ‘specified
23 veterans beneficiary’ means any individual
24 who, for the last month that ends prior to
25 the date of enactment of this section, is enti-
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1 tled to a compensation or pension payment
2 payable under—
3 ‘‘(I) section 1110, 1117, 1121,
4 1131, 1141, or 1151 of title 38, United
5 States Code,
6 ‘‘(II) section 1310, 1312, 1313,
7 1315, 1316, or 1318 of title 38, United
8 States Code,
9 ‘‘(III) section 1513, 1521, 1533,
10 1536, 1537, 1541, 1542, or 1562 of
11 title 38, United States Code, or
12 ‘‘(IV) section 1805, 1815, or 1821
13 of title 38, United States Code,
14 to a veteran, surviving spouse, child, or
15 parent as described in paragraph (2), (3),
16 (4)(A)(ii), or (5) of section 101, title 38,
17 United States Code.
18 ‘‘(ii) EXCEPTION.—Such term shall not
19 include any individual if such compensa-
20 tion or pension payment is not payable, or
21 was reduced, for such month by reason of
22 section 1505, 5313, or 5313B of title 38,
23 United States Code.
24 ‘‘(G) SUBSEQUENT DETERMINATIONS AND
25 REDETERMINATIONS NOT TAKEN INTO AC-
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1 COUNT.—For purposes of this section, any indi-
2 vidual’s status as a specified social security bene-
3 ficiary, a specified supplemental security income
4 recipient, a specified railroad retirement bene-
5 ficiary, or a specified veterans beneficiary shall
6 be unaffected by any determination or redeter-
7 mination of any entitlement to, or eligibility for,
8 any benefit, payment, or compensation, if such
9 determination or redetermination occurs after
10 the last month that ends prior to the date of en-
11 actment of this section.
12 ‘‘(H) PAYMENT TO REPRESENTATIVE PAY-
13 EES AND FIDUCIARIES.—
14 ‘‘(i) IN GENERAL.—If the benefit, pay-
15 ment, or compensation referred to in sub-
16 paragraph (C)(i), (D)(i), (E), or (F)(i)
17 with respect to any specified individual is
18 paid to a representative payee or fiduciary,
19 payment by the Secretary under paragraph
20 (3) with respect to such specified individual
21 shall be made to such individual’s rep-
22 resentative payee or fiduciary and the en-
23 tire payment shall be used only for the ben-
24 efit of the individual who is entitled to the
25 payment.
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1 ‘‘(ii) APPLICATION OF ENFORCEMENT
2 PROVISIONS.—
3 ‘‘(I) In the case of a payment de-
4 scribed in clause (i) which is made
5 with respect to a specified social secu-
6 rity beneficiary or a specified supple-
7 mental security income recipient, sec-
8 tion 1129(a)(3) of the Social Security
9 Act (42 U.S.C. 1320a–8(a)(3)) shall
10 apply to such payment in the same
11 manner as such section applies to a
12 payment under title II or XVI of such
13 Act.
14 ‘‘(II) In the case of a payment de-
15 scribed in clause (i) which is made
16 with respect to a specified railroad re-
17 tirement beneficiary, section 13 of the
18 Railroad Retirement Act (45 U.S.C.
19 231l) shall apply to such payment in
20 the same manner as such section ap-
21 plies to a payment under such Act.
22 ‘‘(III) In the case of a payment
23 described in clause (i) which is made
24 with respect to a specified veterans
25 beneficiary, sections 5502, 6106, and
•HR 925 EAH
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1 6108 of title 38, United States Code,
2 shall apply to such payment in the
3 same manner as such sections apply to
4 a payment under such title.
5 ‘‘(6) NOTICE TO TAXPAYER.—Not later than 15
6 days after the date on which the Secretary distributed
7 any payment to an eligible taxpayer pursuant to this
8 subsection, notice shall be sent by mail to such tax-
9 payer’s last known address. Such notice shall indicate
10 the method by which such payment was made, the
11 amount of such payment, and a phone number for the
12 appropriate point of contact at the Internal Revenue
13 Service to report any error with respect to such pay-
14 ment.
15 ‘‘(h) REGULATIONS.—The Secretary shall prescribe
16 such regulations or other guidance as may be necessary or
17 appropriate to carry out the purposes of this section, in-
18 cluding—
19 ‘‘(1) regulations or other guidance providing tax-
20 payers the opportunity to provide the Secretary infor-
21 mation sufficient to allow the Secretary to make pay-
22 ments to such taxpayers under subsection (g) (includ-
23 ing the determination of the amount of such pay-
24 ment) if such information is not otherwise available
25 to the Secretary, and
•HR 925 EAH
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1 ‘‘(2) regulations or other guidance providing for
2 the proper treatment of joint returns and taxpayers
3 with dependents to ensure that an individual is not
4 taken into account more than once in determining the
5 amount of any credit under subsection (a) and any
6 credit or refund under subsection (g).
7 ‘‘(i) OUTREACH.—The Secretary shall carry out a ro-
8 bust and comprehensive outreach program to ensure that
9 all taxpayers described in subsection (h)(1) learn of their
10 eligibility for the advance refunds and credits under sub-
11 section (g); are advised of the opportunity to receive such
12 advance refunds and credits as provided under subsection
13 (h)(1); and are provided assistance in applying for such
14 advance refunds and credits. In conducting such outreach
15 program, the Secretary shall coordinate with other govern-
16 ment, State, and local agencies; federal partners; and com-
17 munity-based nonprofit organizations that regularly inter-
18 face with such taxpayers.’’.
19 (b) TREATMENT OF CERTAIN POSSESSIONS.—
20 (1) PAYMENTS TO POSSESSIONS WITH MIRROR
21 CODE TAX SYSTEMS.—The Secretary of the Treasury
22 shall pay to each possession of the United States
23 which has a mirror code tax system amounts equal to
24 the loss (if any) to that possession by reason of the
25 amendments made by this section. Such amounts
•HR 925 EAH
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1 shall be determined by the Secretary of the Treasury
2 based on information provided by the government of
3 the respective possession.
4 (2) PAYMENTS TO OTHER POSSESSIONS.—The
5 Secretary of the Treasury shall pay to each possession
6 of the United States which does not have a mirror
7 code tax system amounts estimated by the Secretary
8 of the Treasury as being equal to the aggregate bene-
9 fits (if any) that would have been provided to resi-
10 dents of such possession by reason of the amendments
11 made by this section if a mirror code tax system had
12 been in effect in such possession. The preceding sen-
13 tence shall not apply unless the respective possession
14 has a plan, which has been approved by the Secretary
15 of the Treasury, under which such possession will
16 promptly distribute such payments to its residents.
17 (3) COORDINATION WITH CREDIT ALLOWED
18 AGAINST UNITED STATES INCOME TAXES.—No credit
19 shall be allowed against United States income taxes
20 under section 6428A of the Internal Revenue Code of
21 1986 (as added by this section), nor shall any credit
22 or refund be made or allowed under subsection (g) of
23 such section, to any person—
•HR 925 EAH
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1 (A) to whom a credit is allowed against
2 taxes imposed by the possession by reason of the
3 amendments made by this section, or
4 (B) who is eligible for a payment under a
5 plan described in paragraph (2).
6 (4) MIRROR CODE TAX SYSTEM.—For purposes
7 of this subsection, the term ‘‘mirror code tax system’’
8 means, with respect to any possession of the United
9 States, the income tax system of such possession if the
10 income tax liability of the residents of such possession
11 under such system is determined by reference to the
12 income tax laws of the United States as if such pos-
13 session were the United States.
14 (c) ADMINISTRATIVE PROVISIONS.—
15 (1) DEFINITION OF DEFICIENCY.—Section
16 6211(b)(4)(A) of the Internal Revenue Code of 1986
17 is amended by striking ‘‘and 6428’’ and inserting
18 ‘‘6428, and 6428A’’.
19 (2) MATHEMATICAL OR CLERICAL ERROR AU-
20 THORITY.—Section 6213(g)(2) of such Code is amend-
21 ed—
22 (A) by inserting ‘‘or section 6428A (relating
23 to additional recovery rebates to individuals)’’
24 before the comma at the end of subparagraph
25 (H), and
•HR 925 EAH
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1 (B) by striking ‘‘or 6428’’ in subparagraph
2 (L) and inserting ‘‘6428, or 6428A’’.
3 (3) EXCEPTION FROM REDUCTION OR OFFSET.—
4 Any credit or refund allowed or made to any indi-
5 vidual by reason of section 6428A of the Internal Rev-
6 enue Code of 1986 (as added by this section) or by
7 reason of subsection (b) of this section shall not be—
8 (A) subject to reduction or offset pursuant
9 to section 3716 or 3720A of title 31, United
10 States Code,
11 (B) subject to reduction or offset pursuant
12 to subsection (c), (d), (e), or (f) of section 6402
13 of the Internal Revenue Code of 1986, or
14 (C) reduced or offset by other assessed Fed-
15 eral taxes that would otherwise be subject to levy
16 or collection.
17 (4) ASSIGNMENT OF BENEFITS.—
18 (A) IN GENERAL.—The right of any person
19 to any applicable payment shall not be transfer-
20 able or assignable, at law or in equity, and no
21 applicable payment shall be subject to, execution,
22 levy, attachment, garnishment, or other legal
23 process, or the operation of any bankruptcy or
24 insolvency law.
•HR 925 EAH
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1 (B) ENCODING OF PAYMENTS.—In the case
2 of an applicable payment described in subpara-
3 graph (E)(iii)(I) that is paid electronically by
4 direct deposit through the Automated Clearing
5 House (ACH) network, the Secretary of the
6 Treasury (or the Secretary’s delegate) shall—
7 (i) issue the payment using a unique
8 identifier that is reasonably sufficient to
9 allow a financial institution to identify the
10 payment as an applicable payment, and
11 (ii) further encode the payment pursu-
12 ant to the same specifications as required
13 for a benefit payment defined in section
14 212.3 of title 31, Code of Federal Regula-
15 tions.
16 (C) GARNISHMENT.—
17 (i) ENCODED PAYMENTS.—In the case
18 of a garnishment order that applies to an
19 account that has received an applicable
20 payment that is encoded as provided in sub-
21 paragraph (B), a financial institution shall
22 follow the requirements and procedures set
23 forth in part 212 of title 31, Code of Fed-
24 eral Regulations, except—
•HR 925 EAH
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1 (I) notwithstanding section 212.4
2 of title 31, Code of Federal Regulations
3 (and except as provided in subclause
4 (II)), a financial institution shall not
5 fail to follow the procedures of sections
6 212.5 and 212.6 of such title with re-
7 spect to an garnishment order merely
8 because such order has attached, or in-
9 cludes, a notice of right to garnish fed-
10 eral benefits issued by a State child
11 support enforcement agency, and
12 (II) a financial institution shall
13 not, with regard to any applicable
14 payment, be required to provide the
15 notice referenced in sections 212.6 and
16 212.7 of title 31, Code of Federal Regu-
17 lations.
18 (ii) OTHER PAYMENTS.—If a financial
19 institution receives a garnishment order
20 (other than an order that has been served by
21 the United States), that has been received
22 by a financial institution and that applies
23 to an account into which an applicable
24 payment that has not been encoded as pro-
25 vided in subparagraph (B) has been depos-
•HR 925 EAH
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1 ited electronically or by an applicable pay-
2 ment that has been deposited by check on
3 any date in the lookback period, the finan-
4 cial institution, upon the request of the ac-
5 count holder, shall treat the amount of the
6 funds in the account at the time of the re-
7 quest, up to the amount of the applicable
8 payment (in addition to any amounts oth-
9 erwise protected under part 212 of title 31,
10 Code of Federal Regulations), as exempt
11 from a garnishment order without requiring
12 the consent of the party serving the garnish-
13 ment order or the judgment creditor.
14 (iii) LIABILITY.—A financial institu-
15 tion that acts in good faith in reliance on
16 clauses (i) or (ii) shall not be subject to li-
17 ability or regulatory action under any Fed-
18 eral or State law, regulation, court or other
19 order, or regulatory interpretation for ac-
20 tions concerning any applicable payments.
21 (D) PRESERVATION OF RECLAMATION
22 RIGHTS.—This paragraph shall not alter the sta-
23 tus of applicable payments as tax refunds or
24 other nonbenefit payments for purpose of any
25 reclamation rights of the Department of the
•HR 925 EAH
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1 Treasury or the Internal Revenue Service as per
2 part 210 of title 31, Code of Federal Regulations.
3 (E) DEFINITIONS.—For purposes of this
4 paragraph—
5 (i) ACCOUNT HOLDER.—The term ‘‘ac-
6 count holder’’ means a natural person
7 whose name appears in a financial institu-
8 tion’s records as the direct or beneficial
9 owner of an account.
10 (ii) ACCOUNT REVIEW.—The term ‘‘ac-
11 count review’’ means the process of exam-
12 ining deposits in an account to determine if
13 an applicable payment has been deposited
14 into the account during the lookback period.
15 The financial institution shall perform the
16 account review following the procedures out-
17 lined in section 212.5 of title 31, Code of
18 Federal Regulations and in accordance with
19 the requirements of section 212.6 of title 31,
20 Code of Federal Regulations.
21 (iii) APPLICABLE PAYMENT.—The term
22 ‘‘applicable payment’’ means—
23 (I) any advance refund amount
24 paid pursuant to subsection (g) of sec-
•HR 925 EAH
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1 tion 6428A of the Internal Revenue
2 Code of 1986 (as so added),
3 (II) any payment made by a pos-
4 session of the United States with a
5 mirror code tax system (as defined in
6 subsection (c) of section 2201 of the
7 CARES Act (Public Law 116–136))
8 pursuant to such subsection which cor-
9 responds to a payment described in
10 subclause (I), and
11 (III) any payment made by a
12 possession of the United States without
13 a mirror code tax system (as so de-
14 fined) pursuant to section 2201(c) of
15 such Act.
16 (iv) GARNISHMENT.—The term ‘‘gar-
17 nishment’’ means execution, levy, attach-
18 ment, garnishment, or other legal process.
19 (v) GARNISHMENT ORDER.—The term
20 ‘‘garnishment order’’ means a writ, order,
21 notice, summons, judgment, levy, or similar
22 written instruction issued by a court, a
23 State or State agency, a municipality or
24 municipal corporation, or a State child
25 support enforcement agency, including a
•HR 925 EAH
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1 lien arising by operation of law for overdue
2 child support or an order to freeze the assets
3 in an account, to effect a garnishment
4 against a debtor.
5 (vi) LOOKBACK PERIOD.—The term
6 ‘‘lookback period’’ means the two month pe-
7 riod that begins on the date preceding the
8 date of account review and ends on the cor-
9 responding date of the month two months
10 earlier, or on the last date of the month two
11 months earlier if the corresponding date
12 does not exist.
13 (5) TREATMENT OF CREDIT AND ADVANCE PAY-
14 MENTS.—For purposes of section 1324 of title 31,
15 United States Code, any credit under section
16 6428A(a) of the Internal Revenue Code of 1986, any
17 credit or refund under section 6428A(g) of such Code,
18 and any payment under subsection (b) of this section,
19 shall be treated in the same manner as a refund due
20 from a credit provision referred to in subsection
21 (b)(2) of such section 1324.
22 (6) AGENCY INFORMATION SHARING AND ASSIST-
23 ANCE.—The Commissioner of Social Security, the
24 Railroad Retirement Board, and the Secretary of Vet-
25 erans Affairs shall each provide the Secretary of the
•HR 925 EAH
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1 Treasury (or the Secretary’s delegate) such informa-
2 tion and assistance as the Secretary of the Treasury
3 (or the Secretary’s delegate) may require for purposes
4 of making payments under section 6428A(g) of the
5 Internal Revenue Code of 1986 to individuals de-
6 scribed in paragraph (5)(A)(ii) thereof.
7 (7) CLERICAL AMENDMENT.—The table of sec-
8 tions for subchapter B of chapter 65 of the Internal
9 Revenue Code of 1986 is amended by inserting after
10 the item relating to section 6428 the following new
11 item:
‘‘Sec. 6428A. Additional recovery rebates to individuals.’’.
12 (d) CERTAIN REQUIREMENTS RELATED TO RECOVERY
13 REBATES AND ADDITIONAL RECOVERY REBATES.—
14 (1) SIGNATURES ON CHECKS AND NOTICES, ETC.,
15 BY THE DEPARTMENT OF THE TREASURY.—Any check
16 issued to an individual by the Department of the
17 Treasury pursuant to section 6428 or 6428A of the
18 Internal Revenue Code of 1986, and any notice issued
19 pursuant to section 6428(f)(6) or section 6428A(g)(6)
20 of such Code, may not be signed by or otherwise bear
21 the name, signature, image or likeness of the Presi-
22 dent, the Vice President or any elected official or cabi-
23 net level officer of the United States, or any indi-
24 vidual who, with respect to any of the aforementioned
25 individuals, bears any relationship described in sub-
•HR 925 EAH
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1 paragraphs (A) through (G) of section 152(d)(2) of
2 the Internal Revenue Code of 1986.
3 (2) EFFECTIVE DATE.—Paragraph (1) shall
4 apply to checks and notices issued after the date of the
5 enactment of this Act.
6 (e) REPORTS TO CONGRESS.—Each week beginning
7 after the date of the enactment of this Act and beginning
8 before December 31, 2020, on Friday of such week, not later
9 than 3 p.m. Eastern Time, the Secretary of the Treasury
10 shall provide a written report to the Committee on Ways
11 and Means of the House of Representatives and the Com-
12 mittee on Finance of the Senate. Such report shall include
13 the following information with respect to payments made
14 pursuant to each of sections 6428 and 6428A of the Internal
15 Revenue Code of 1986:
16 (1) The number of scheduled payments sent to
17 the Bureau of Fiscal Service for payment by direct
18 deposit or paper check for the following week (stated
19 separately for direct deposit and paper check).
20 (2) The total dollar amount of the scheduled pay-
21 ments described in paragraph (1).
22 (3) The number of direct deposit payments re-
23 turned to the Department of the Treasury and the
24 total dollar value of such payments, for the week end-
•HR 925 EAH
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1 ing on the day prior to the day on which the report
2 is provided.
3 (4) The total number of letters related to pay-
4 ments under section 6428 or 6428A of such Code
5 mailed to taxpayers during the week ending on the
6 day prior to the day on which the report is provided.
7 Subtitle B—Earned Income Tax
8 Credit
9 SEC. 111. STRENGTHENING THE EARNED INCOME TAX
10 CREDIT FOR INDIVIDUALS WITH NO QUALI-
11 FYING CHILDREN.
12 (a) SPECIAL RULES FOR 2020.—Section 32 of the In-
13 ternal Revenue Code of 1986 is amended by adding at the
14 end the following new subsection:
15 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT
16 QUALIFYING CHILDREN.—In the case of any taxable year
17 beginning after December 31, 2019, and before January 1,
18 2021—
19 ‘‘(1) DECREASE IN MINIMUM AGE FOR CREDIT.—
20 ‘‘(A) IN GENERAL.—Subsection
21 (c)(1)(A)(ii)(II) shall be applied by substituting
22 ‘the applicable minimum age’ for ‘age 25’.
23 ‘‘(B) APPLICABLE MINIMUM AGE.—For pur-
24 poses of this paragraph, the term ‘applicable
25 minimum age’ means—
•HR 925 EAH
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1 ‘‘(i) except as otherwise provided in
2 this subparagraph, age 19,
3 ‘‘(ii) in the case of a full-time student
4 (other than a qualified former foster youth
5 or a qualified homeless youth), age 25, and
6 ‘‘(iii) in the case of a qualified former
7 foster youth or a qualified homeless youth,
8 age 18.
9 ‘‘(C) FULL-TIME STUDENT.—For purposes
10 of this paragraph, the term ‘full-time student’
11 means, with respect to any taxable year, an in-
12 dividual who is an eligible student (as defined in
13 section 25A(b)(3)) during at least 5 calendar
14 months during the taxable year.
15 ‘‘(D) QUALIFIED FORMER FOSTER
16 YOUTH.—For purposes of this paragraph, the
17 term ‘qualified former foster youth’ means an in-
18 dividual who—
19 ‘‘(i) on or after the date that such indi-
20 vidual attained age 14, was in foster care
21 provided under the supervision or adminis-
22 tration of a State or tribal agency admin-
23 istering (or eligible to administer) a plan
24 under part B or part E of the Social Secu-
25 rity Act (without regard to whether Federal
•HR 925 EAH
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1 assistance was provided with respect to such
2 child under such part E), and
3 ‘‘(ii) provides (in such manner as the
4 Secretary may provide) consent for State
5 and tribal agencies which administer a
6 plan under part B or part E of the Social
7 Security Act to disclose to the Secretary in-
8 formation related to the status of such indi-
9 vidual as a qualified former foster youth.
10 ‘‘(E) QUALIFIED HOMELESS YOUTH.—For
11 purposes of this paragraph, the term ‘qualified
12 homeless youth’ means, with respect to any tax-
13 able year, an individual who—
14 ‘‘(i) is certified by a local educational
15 agency or a financial aid administrator
16 during such taxable year as being either an
17 unaccompanied youth who is a homeless
18 child or youth, or as unaccompanied, at
19 risk of homelessness, and self-supporting.
20 Terms used in the preceding sentence which
21 are also used in section 480(d)(1) of the
22 Higher Education Act of 1965 shall have
23 the same meaning as when used in such sec-
24 tion, and
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1 ‘‘(ii) provides (in such manner as the
2 Secretary may provide) consent for local
3 educational agencies and financial aid ad-
4 ministrators to disclose to the Secretary in-
5 formation related to the status of such indi-
6 vidual as a qualified homeless youth.
7 ‘‘(2) INCREASE IN MAXIMUM AGE FOR CREDIT.—
8 Subsection (c)(1)(A)(ii)(II) shall be applied by sub-
9 stituting ‘age 66’ for ‘age 65’.
10 ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER-
11 CENTAGES.—The table contained in subsection (b)(1)
12 shall be applied by substituting ‘15.3’ for ‘7.65’ each
13 place it appears therein.
14 ‘‘(4) INCREASE IN EARNED INCOME AND PHASE-
15 OUT AMOUNTS.—
16 ‘‘(A) IN GENERAL.—The table contained in
17 subsection (b)(2)(A) shall be applied—
18 ‘‘(i) by substituting ‘$9,720’ for
19 ‘$4,220’, and
20 ‘‘(ii) by substituting ‘$11,490’ for
21 ‘$5,280’.
22 ‘‘(B) COORDINATION WITH INFLATION AD-
23 JUSTMENT.—Subsection (j) shall not apply to
24 any dollar amount specified in this paragraph.’’.
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1 (b) INFORMATION RETURN MATCHING.—As soon as
2 practicable, the Secretary of the Treasury (or the Sec-
3 retary’s delegate) shall develop and implement procedures
4 to use information returns under section 6050S (relating
5 to returns relating to higher education tuition and related
6 expenses) to check the status of individuals as full-time stu-
7 dents for purposes of section 32(n)(1)(B)(ii) of the Internal
8 Revenue Code of 1986 (as added by this section).
9 (c) EFFECTIVE DATE.—The amendment made by this
10 section shall apply to taxable years beginning after Decem-
11 ber 31, 2019.
12 SEC. 112. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED IN-
13 COME CREDIT IN CASE OF QUALIFYING CHIL-
14 DREN WHO FAIL TO MEET CERTAIN IDENTI-
15 FICATION REQUIREMENTS.
16 (a) IN GENERAL.—Section 32(c)(1) of the Internal
17 Revenue Code of 1986 is amended by striking subparagraph
18 (F).
19 (b) EFFECTIVE DATE.—The amendment made by this
20 section shall apply to taxable years beginning after the date
21 of the enactment of this Act.
22 SEC. 113. CREDIT ALLOWED IN CASE OF CERTAIN SEPA-
23 RATED SPOUSES.
24 (a) IN GENERAL.—Section 32(d) of the Internal Rev-
25 enue Code of 1986 is amended—
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1 (1) by striking ‘‘MARRIED INDIVIDUALS.—In the
2 case of’’ and inserting the following: ‘‘MARRIED INDI-
3 VIDUALS.—
4 ‘‘(1) IN GENERAL.—In the case of’’, and
5 (2) by adding at the end the following new para-
6 graph:
7 ‘‘(2) DETERMINATION OF MARITAL STATUS.—For
8 purposes of this section—
9 ‘‘(A) IN GENERAL.—Except as provided in
10 subparagraph (B), marital status shall be deter-
11 mined under section 7703(a).
12 ‘‘(B) SPECIAL RULE FOR SEPARATED
13 SPOUSE.—An individual shall not be treated as
14 married if such individual—
15 ‘‘(i) is married (as determined under
16 section 7703(a)) and does not file a joint re-
17 turn for the taxable year,
18 ‘‘(ii) lives with a qualifying child of
19 the individual for more than one-half of
20 such taxable year, and
21 ‘‘(iii)(I) during the last 6 months of
22 such taxable year, does not have the same
23 principal place of abode as the individual’s
24 spouse, or
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1 ‘‘(II) has a decree, instrument, or
2 agreement (other than a decree of divorce)
3 described in section 121(d)(3)(C) with re-
4 spect to the individual’s spouse and is not
5 a member of the same household with the
6 individual’s spouse by the end of the taxable
7 year.’’.
8 (b) CONFORMING AMENDMENTS.—
9 (1) Section 32(c)(1)(A) of such Code is amended
10 by striking the last sentence.
11 (2) Section 32(c)(1)(E)(ii) of such Code is
12 amended by striking ‘‘(within the meaning of section
13 7703)’’.
14 (3) Section 32(d)(1) of such Code, as amended by
15 subsection (a), is amended by striking ‘‘(within the
16 meaning of section 7703)’’.
17 (c) EFFECTIVE DATE.—The amendments made by this
18 section shall apply to taxable years beginning after the date
19 of the enactment of this Act.
20 SEC. 114. ELIMINATION OF DISQUALIFIED INVESTMENT IN-
21 COME TEST.
22 (a) IN GENERAL.—Section 32 of the Internal Revenue
23 Code of 1986 is amended by striking subsection (i).
24 (b) CONFORMING AMENDMENTS.—
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1 (1) Section 32(j)(1) of such Code is amended by
2 striking ‘‘subsections (b)(2) and (i)(1)’’ and inserting
3 ‘‘subsection (b)(2)’’.
4 (2) Section 32(j)(1)(B)(i) of such Code is amend-
5 ed by striking ‘‘subsections (b)(2)(A) and (i)(1)’’ and
6 inserting ‘‘subsection (b)(2)(A)’’.
7 (3) Section 32(j)(2) of such Code is amended—
8 (A) by striking subparagraph (B), and
9 (B) by striking ‘‘ROUNDING.—’’ and all
10 that follows through ‘‘If any dollar amount’’ and
11 inserting the following: ‘‘ROUNDING.—If any dol-
12 lar amount’’.
13 (c) EFFECTIVE DATE.—The amendments made by this
14 section shall apply to taxable years beginning after the date
15 of the enactment of this Act.
16 SEC. 115. APPLICATION OF EARNED INCOME TAX CREDIT IN
17 POSSESSIONS OF THE UNITED STATES.
18 (a) IN GENERAL.—Chapter 77 of the Internal Revenue
19 Code of 1986 is amended by adding at the end the following
20 new section:
21 ‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT
22 TO POSSESSIONS OF THE UNITED STATES.
23 ‘‘(a) PUERTO RICO.—
24 ‘‘(1) IN GENERAL.—With respect to calendar
25 year 2021 and each calendar year thereafter, the Sec-
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1 retary shall, except as otherwise provided in this sub-
2 section, make payments to Puerto Rico equal to—
3 ‘‘(A) the specified matching amount for
4 such calendar year, plus
5 ‘‘(B) in the case of calendar years 2021
6 through 2025, the lesser of—
7 ‘‘(i) the expenditures made by Puerto
8 Rico during such calendar year for edu-
9 cation efforts with respect to individual tax-
10 payers and tax return preparers relating to
11 the earned income tax credit, or
12 ‘‘(ii) $1,000,000.
13 ‘‘(2) REQUIREMENT TO REFORM EARNED INCOME
14 TAX CREDIT.—The Secretary shall not make any pay-
15 ments under paragraph (1) with respect to any cal-
16 endar year unless Puerto Rico has in effect an earned
17 income tax credit for taxable years beginning in or
18 with such calendar year which (relative to the earned
19 income tax credit which was in effect for taxable
20 years beginning in or with calendar year 2019) in-
21 creases the percentage of earned income which is al-
22 lowed as a credit for each group of individuals with
23 respect to which such percentage is separately stated
24 or determined in a manner designed to substantially
25 increase workforce participation.
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1 ‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur-
2 poses of this subsection—
3 ‘‘(A) IN GENERAL.—The term ‘specified
4 matching amount’ means, with respect to any
5 calendar year, the lesser of—
6 ‘‘(i) the excess (if any) of—
7 ‘‘(I) the cost to Puerto Rico of the
8 earned income tax credit for taxable
9 years beginning in or with such cal-
10 endar year, over
11 ‘‘(II) the base amount for such
12 calendar year, or
13 ‘‘(ii) the product of 3, multiplied by
14 the base amount for such calendar year.
15 ‘‘(B) BASE AMOUNT.—
16 ‘‘(i) BASE AMOUNT FOR 2020.—In the
17 case of calendar year 2020, the term ‘base
18 amount’ means the greater of—
19 ‘‘(I) the cost to Puerto Rico of the
20 earned income tax credit for taxable
21 years beginning in or with calendar
22 year 2019 (rounded to the nearest mul-
23 tiple of $1,000,000), or
24 ‘‘(II) $200,000,000.
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1 ‘‘(ii) INFLATION ADJUSTMENT.—In the
2 case of any calendar year after 2021, the
3 term ‘base amount’ means the dollar
4 amount determined under clause (i) in-
5 creased by an amount equal to—
6 ‘‘(I) such dollar amount, multi-
7 plied by—
8 ‘‘(II) the cost-of-living adjustment
9 determined under section 1(f)(3) for
10 such calendar year, determined by sub-
11 stituting ‘calendar year 2020’ for ‘cal-
12 endar year 2016’ in subparagraph
13 (A)(ii) thereof.
14 Any amount determined under this clause
15 shall be rounded to the nearest multiple of
16 $1,000,000.
17 ‘‘(4) RULES RELATED TO PAYMENTS AND RE-
18 PORTS.—
19 ‘‘(A) TIMING OF PAYMENTS.—The Secretary
20 shall make payments under paragraph (1) for
21 any calendar year—
22 ‘‘(i) after receipt of the report described
23 in subparagraph (B) for such calendar
24 year, and
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1 ‘‘(ii) except as provided in clause (i),
2 within a reasonable period of time before
3 the due date for individual income tax re-
4 turns (as determined under the laws of
5 Puerto Rico) for taxable years which began
6 on the first day of such calendar year.
7 ‘‘(B) ANNUAL REPORTS.—With respect to
8 calendar year 2021 and each calendar year
9 thereafter, Puerto Rico shall provide to the Sec-
10 retary a report which shall include—
11 ‘‘(i) an estimate of the costs described
12 in paragraphs (1)(B)(i) and (3)(A)(i)(I)
13 with respect to such calendar year, and
14 ‘‘(ii) a statement of such costs with re-
15 spect to the preceding calendar year.
16 ‘‘(C) ADJUSTMENTS.—
17 ‘‘(i) IN GENERAL.—In the event that
18 any estimate of an amount is more or less
19 than the actual amount as later determined
20 and any payment under paragraph (1) was
21 determined on the basis of such estimate,
22 proper payment shall be made by, or to, the
23 Secretary (as the case may be) as soon as
24 practicable after the determination that
25 such estimate was inaccurate. Proper ad-
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1 justment shall be made in the amount of
2 any subsequent payments made under para-
3 graph (1) to the extent that proper payment
4 is not made under the preceding sentence
5 before such subsequent payments.
6 ‘‘(ii) ADDITIONAL REPORTS.—The Sec-
7 retary may require such additional periodic
8 reports of the information described in sub-
9 paragraph (B) as the Secretary determines
10 appropriate to facilitate timely adjustments
11 under clause (i).
12 ‘‘(D) DETERMINATION OF COST OF EARNED
13 INCOME TAX CREDIT.—For purposes of this sub-
14 section, the cost to Puerto Rico of the earned in-
15 come tax credit shall be determined by the Sec-
16 retary on the basis of the laws of Puerto Rico
17 and shall include reductions in revenues received
18 by Puerto Rico by reason of such credit and re-
19 funds attributable to such credit, but shall not
20 include any administrative costs with respect to
21 such credit.
22 ‘‘(E) PREVENTION OF MANIPULATION OF
23 BASE AMOUNT.—No payments shall be made
24 under paragraph (1) if the earned income tax
25 credit as in effect in Puerto Rico for taxable
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1 years beginning in or with calendar year 2019
2 is modified after the date of the enactment of this
3 subsection.
4 ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS-
5 TEMS.—
6 ‘‘(1) IN GENERAL.—With respect to calendar
7 year 2020 and each calendar year thereafter, the Sec-
8 retary shall, except as otherwise provided in this sub-
9 section, make payments to the Virgin Islands, Guam,
10 and the Commonwealth of the Northern Mariana Is-
11 lands equal to—
12 ‘‘(A) 75 percent of the cost to such posses-
13 sion of the earned income tax credit for taxable
14 years beginning in or with such calendar year,
15 plus
16 ‘‘(B) in the case of calendar years 2020
17 through 2024, the lesser of—
18 ‘‘(i) the expenditures made by such
19 possession during such calendar year for
20 education efforts with respect to individual
21 taxpayers and tax return preparers relating
22 to such earned income tax credit, or
23 ‘‘(ii) $50,000.
24 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules
25 similar to the rules of subparagraphs (A), (B), (C),
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1 and (D) of subsection (a)(4) shall apply for purposes
2 of this subsection.
3 ‘‘(c) AMERICAN SAMOA.—
4 ‘‘(1) IN GENERAL.—With respect to calendar
5 year 2020 and each calendar year thereafter, the Sec-
6 retary shall, except as otherwise provided in this sub-
7 section, make payments to American Samoa equal
8 to—
9 ‘‘(A) the lesser of—
10 ‘‘(i) 75 percent of the cost to American
11 Samoa of the earned income tax credit for
12 taxable years beginning in or with such cal-
13 endar year, or
14 ‘‘(ii) $12,000,000, plus
15 ‘‘(B) in the case of calendar years 2020
16 through 2024, the lesser of—
17 ‘‘(i) the expenditures made by Amer-
18 ican Samoa during such calendar year for
19 education efforts with respect to individual
20 taxpayers and tax return preparers relating
21 to such earned income tax credit, or
22 ‘‘(ii) $50,000.
23 ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN AN
24 EARNED INCOME TAX CREDIT.—The Secretary shall
25 not make any payments under paragraph (1) with
•HR 925 EAH
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1 respect to any calendar year unless American Samoa
2 has in effect an earned income tax credit for taxable
3 years beginning in or with such calendar year which
4 allows a refundable tax credit to individuals on the
5 basis of the taxpayer’s earned income which is de-
6 signed to substantially increase workforce participa-
7 tion.
8 ‘‘(3) INFLATION ADJUSTMENT.—In the case of
9 any calendar year after 2020, the $12,000,000
10 amount in paragraph (1)(A)(ii) shall be increased by
11 an amount equal to—
12 ‘‘(A) such dollar amount, multiplied by—
13 ‘‘(B) the cost-of-living adjustment deter-
14 mined under section 1(f)(3) for such calendar
15 year, determined by substituting ‘calendar year
16 2019’ for ‘calendar year 2016’ in subparagraph
17 (A)(ii) thereof.
18 Any increase determined under this clause shall be
19 rounded to the nearest multiple of $100,000.
20 ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules
21 similar to the rules of subparagraphs (A), (B), (C),
22 and (D) of subsection (a)(4) shall apply for purposes
23 of this subsection.
24 ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of sec-
25 tion 1324 of title 31, United States Code, the payments
•HR 925 EAH
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1 under this section shall be treated in the same manner as
2 a refund due from a credit provision referred to in sub-
3 section (b)(2) of such section.’’.
4 (b) CLERICAL AMENDMENT.—The table of sections for
5 chapter 77 of the Internal Revenue Code of 1986 is amended
6 by adding at the end the following new item:
‘‘Sec. 7529. Application of earned income tax credit to possessions of the United
States.’’.
7 SEC. 116. TEMPORARY SPECIAL RULE FOR DETERMINING
8 EARNED INCOME FOR PURPOSES OF EARNED
9 INCOME TAX CREDIT.
10 (a) IN GENERAL.—If the earned income of the tax-
11 payer for the taxpayer’s first taxable year beginning in
12 2020 is less than the earned income of the taxpayer for the
13 preceding taxable year, the credit allowed under section 32
14 of the Internal Revenue Code of 1986 may, at the election
15 of the taxpayer, be determined by substituting-—
16 (1) such earned income for the preceding taxable
17 year, for
18 (2) such earned income for the taxpayer’s first
19 taxable year beginning in 2020.
20 (b) EARNED INCOME.—
21 (1) IN GENERAL.—For purposes of this section,
22 the term ‘‘earned income’’ has the meaning given such
23 term under section 32(c) of the Internal Revenue Code
24 of 1986.
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1 (2) APPLICATION TO JOINT RETURNS.—For pur-
2 poses of subsection (a), in the case of a joint return,
3 the earned income of the taxpayer for the preceding
4 taxable year shall be the sum of the earned income of
5 each spouse for such preceding taxable year.
6 (c) SPECIAL RULES.—
7 (1) ERRORS TREATED AS MATHEMATICAL
8 ERROR.—For purposes of section 6213 of the Internal
9 Revenue Code of 1986, an incorrect use on a return
10 of earned income pursuant to subsection (a) shall be
11 treated as a mathematical or clerical error.
12 (2) NO EFFECT ON DETERMINATION OF GROSS
13 INCOME, ETC.—Except as otherwise provided in this
14 subsection, the Internal Revenue Code of 1986 shall be
15 applied without regard to any substitution under sub-
16 section (a).
17 (d) TREATMENT OF CERTAIN POSSESSIONS.—
18 (1) PAYMENTS TO POSSESSIONS WITH MIRROR
19 CODE TAX SYSTEMS.—The Secretary of the Treasury
20 shall pay to each possession of the United States
21 which has a mirror code tax system amounts equal to
22 the loss (if any) to that possession by reason of the
23 application of the provisions of this section (other
24 than this subsection) with respect to section 32 of the
25 Internal Revenue Code of 1986. Such amounts shall
•HR 925 EAH
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1 be determined by the Secretary of the Treasury based
2 on information provided by the government of the re-
3 spective possession.
4 (2) PAYMENTS TO OTHER POSSESSIONS.—The
5 Secretary of the Treasury shall pay to each possession
6 of the United States which does not have a mirror
7 code tax system amounts estimated by the Secretary
8 of the Treasury as being equal to the aggregate bene-
9 fits (if any) that would have been provided to resi-
10 dents of such possession by reason of the provisions of
11 this section (other than this subsection) with respect
12 to section 32 of the Internal Revenue Code of 1986 if
13 a mirror code tax system had been in effect in such
14 possession. The preceding sentence shall not apply un-
15 less the respective possession has a plan, which has
16 been approved by the Secretary of the Treasury,
17 under which such possession will promptly distribute
18 such payments to its residents.
19 (3) MIRROR CODE TAX SYSTEM.—For purposes
20 of this section, the term ‘‘mirror code tax system’’
21 means, with respect to any possession of the United
22 States, the income tax system of such possession if the
23 income tax liability of the residents of such possession
24 under such system is determined by reference to the
•HR 925 EAH
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1 income tax laws of the United States as if such pos-
2 session were the United States.
3 (4) TREATMENT OF PAYMENTS.—For purposes of
4 section 1324 of title 31, United States Code, the pay-
5 ments under this section shall be treated in the same
6 manner as a refund due from a credit provision re-
7 ferred to in subsection (b)(2) of such section.
8 Subtitle C—Child Tax Credit
9 SEC. 121. CHILD TAX CREDIT IMPROVEMENTS FOR 2020.
10 (a) IN GENERAL.—Section 24 of the Internal Revenue
11 Code of 1986 is amended by adding at the end the following
12 new subsection:
13 ‘‘(i) SPECIAL RULE FOR REFUNDABLE CREDIT.—In
14 the case of any taxable year beginning in 2020, subsection
15 (h)(5) shall not apply and the increase determined under
16 the first sentence of subsection (d)(1) shall be the amount
17 determined under subsection (d)(1)(A) (determined without
18 regard to subsection (h)(4)).’’.
19 (b) ADVANCE PAYMENT OF CREDIT.—
20 (1) IN GENERAL.—Chapter 77 of such Code is
21 amended by inserting after section 7527 the following
22 new section:
23 ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT.
24 ‘‘(a) IN GENERAL.—As soon as practicable after the
25 date of the enactment of this Act, the Secretary shall estab-
•HR 925 EAH
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1 lish a program for making advance payments of the credit
2 allowed under subsection (a) of section 24 on a monthly
3 basis (determined without regard to subsection (i)(2)) of
4 such section), or as frequently as the Secretary determines
5 to be administratively feasible, to taxpayers determined to
6 be eligible for advance payment of such credit.
7 ‘‘(b) LIMITATION.—
8 ‘‘(1) IN GENERAL.—The Secretary may make
9 payments under subsection (a) only to the extent that
10 the total amount of such payments made to any tax-
11 payer during the taxable year does not exceed an
12 amount equal to the excess, if any, of—
13 ‘‘(A) subject to paragraph (2), the amount
14 determined under subsection (a) of section 24
15 with respect to such taxpayer (determined with-
16 out regard to subsection (i)(2)) of such section)
17 for such taxable year, over
18 ‘‘(B) the estimated tax imposed by subtitle
19 A, as reduced by the credits allowable under sub-
20 parts A and C (other than section 24) of such
21 part IV, with respect to such taxpayer for such
22 taxable year, as determined in such manner as
23 the Secretary deems appropriate.
24 ‘‘(2) APPLICATION OF THRESHOLD AMOUNT LIMI-
25 TATION.—The program described in subsection (a)
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1 shall make reasonable efforts to apply the limitation
2 of section 24(b) with respect to payments made under
3 such program.
4 ‘‘(c) APPLICATION.—The advance payments described
5 in this section shall only be made with respect to credits
6 allowed under section 24 for taxable years beginning during
7 2020.’’.
8 (2) RECONCILIATION OF CREDIT AND ADVANCE
9 CREDIT.—Section 24(i) of such Code, as amended by
10 subsection (a), is amended—
11 (A) by striking ‘‘in the case of any taxable
12 year’’, and inserting the following:
13 ‘‘(1) IN GENERAL.—‘In the case of any taxable
14 year’ ’’, and
15 (B) by adding at the end the following new
16 paragraph:
17 ‘‘(2) RECONCILIATION OF CREDIT AND ADVANCE
18 CREDIT.—
19 ‘‘(A) IN GENERAL.—The amount of the
20 credit allowed under this section for any taxable
21 year shall be reduced (but not below zero) by the
22 aggregate amount of any advance payments of
23 such credit under section 7527A for such taxable
24 year.
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1 ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the
2 aggregate amount of advance payments under
3 section 7527A for the taxable year exceeds the
4 amount of the credit allowed under this section
5 for such taxable year (determined without regard
6 to subparagraph (A)), the tax imposed by this
7 chapter for such taxable year shall be increased
8 by the amount of such excess.’’.
9 (3) CLERICAL AMENDMENT.—The table of sec-
10 tions for chapter 77 of such Code is amended by in-
11 serting after the item relating to section 7527 the fol-
12 lowing new item:
‘‘Sec. 7527A. Advance payment of child tax credit.’’.
13 (c) EFFECTIVE DATE.—The amendments made by this
14 section shall apply to taxable years beginning after Decem-
15 ber 31, 2019.
16 SEC. 122. APPLICATION OF CHILD TAX CREDIT IN POSSES-
17 SIONS.
18 (a) IN GENERAL.—Section 24 of the Internal Revenue
19 Code of 1986, as amended by the preceding provisions of
20 this Act, is amended by adding at the end the following
21 new subsection:
22 ‘‘(j) APPLICATION OF CREDIT IN POSSESSIONS.—
23 ‘‘(1) MIRROR CODE POSSESSIONS.—
24 ‘‘(A) IN GENERAL.—The Secretary shall pay
25 to each possession of the United States with a
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1 mirror code tax system amounts equal to the loss
2 to that possession by reason of the application of
3 this section (determined without regard to this
4 subsection) with respect to taxable years begin-
5 ning after 2019. Such amounts shall be deter-
6 mined by the Secretary based on information
7 provided by the government of the respective pos-
8 session.
9 ‘‘(B) COORDINATION WITH CREDIT AL-
10 LOWED AGAINST UNITED STATES INCOME
11 TAXES.—No credit shall be allowed under this
12 section for any taxable year to any individual to
13 whom a credit is allowable against taxes im-
14 posed by a possession with a mirror code tax
15 system by reason of the application of this sec-
16 tion in such possession for such taxable year.
17 ‘‘(C) MIRROR CODE TAX SYSTEM.—For pur-
18 poses of this paragraph, the term ‘mirror code
19 tax system’ means, with respect to any posses-
20 sion of the United States, the income tax system
21 of such possession if the income tax liability of
22 the residents of such possession under such sys-
23 tem is determined by reference to the income tax
24 laws of the United States as if such possession
25 were the United States.
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1 ‘‘(2) PUERTO RICO.—In the case of any bona
2 fide resident of Puerto Rico (within the meaning of
3 section 937(a))—
4 ‘‘(A) the credit determined under this sec-
5 tion shall be allowable to such resident,
6 ‘‘(B) in the case of any taxable year begin-
7 ning during 2020, the increase determined under
8 the first sentence of subsection (d)(1) shall be the
9 amount determined under subsection (d)(1)(A)
10 (determined without regard to subsection (h)(4)),
11 ‘‘(C) in the case of any taxable year begin-
12 ning after December 31, 2020, and before Janu-
13 ary 1, 2026, the increase determined under the
14 first sentence of subsection (d)(1) shall be the
15 lesser of—
16 ‘‘(i) the amount determined under sub-
17 section (d)(1)(A) (determined without re-
18 gard to subsection (h)(4)), or
19 ‘‘(ii) the dollar amount in effect under
20 subsection (h)(5), and
21 ‘‘(D) in the case of any taxable year after
22 December 31, 2025, the increase determined
23 under the first sentence of subsection (d)(1) shall
24 be the amount determined under subsection
25 (d)(1)(A).
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1 ‘‘(3) AMERICAN SAMOA.—
2 ‘‘(A) IN GENERAL.—The Secretary shall pay
3 to American Samoa amounts estimated by the
4 Secretary as being equal to the aggregate benefits
5 that would have been provided to residents of
6 American Samoa by reason of the application of
7 this section for taxable years beginning after
8 2019 if the provisions of this section had been in
9 effect in American Samoa.
10 ‘‘(B) DISTRIBUTION REQUIREMENT.—Sub-
11 paragraph (A) shall not apply unless American
12 Samoa has a plan, which has been approved by
13 the Secretary, under which American Samoa
14 will promptly distribute such payments to the
15 residents of American Samoa in a manner which
16 replicates to the greatest degree practicable the
17 benefits that would have been so provided to each
18 such resident.
19 ‘‘(C) COORDINATION WITH CREDIT AL-
20 LOWED AGAINST UNITED STATES INCOME
21 TAXES.—
22 ‘‘(i) IN GENERAL.—In the case of a
23 taxable year with respect to which a plan is
24 approved under subparagraph (B), this sec-
25 tion (other than this subsection) shall not
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1 apply to any individual eligible for a dis-
2 tribution under such plan.
3 ‘‘(ii) APPLICATION OF SECTION IN
4 EVENT OF ABSENCE OF APPROVED PLAN.—
5 In the case of a taxable year with respect to
6 which a plan is not approved under sub-
7 paragraph (B), rules similar to the rules of
8 paragraph (2) shall apply with respect to
9 bona fide residents of American Samoa
10 (within the meaning of section 937(a)).
11 ‘‘(4) TREATMENT OF PAYMENTS.—The payments
12 made under this subsection shall be treated in the
13 same manner for purposes of section 1324(b)(2) of
14 title 31, United States Code, as refunds due from the
15 credit allowed under this section.’’.
16 (b) EFFECTIVE DATE.—The amendment made by this
17 section shall apply to taxable years beginning after Decem-
18 ber 31, 2019.
19 Subtitle D—Dependent Care
20 Assistance
21 SEC. 131. REFUNDABILITY AND ENHANCEMENT OF CHILD
22 AND DEPENDENT CARE TAX CREDIT.
23 (a) IN GENERAL.—Section 21 of the Internal Revenue
24 Code of 1986 is amended by adding at the end the following
25 new subsection:
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1 ‘‘(g) SPECIAL RULES FOR 2020.—In the case of any
2 taxable year beginning after December 31, 2019, and before
3 January 1, 2021—
4 ‘‘(1) CREDIT MADE REFUNDABLE.—In the case of
5 an individual other than a nonresident alien, the
6 credit allowed under subsection (a) shall be treated as
7 a credit allowed under subpart C (and not allowed
8 under this subpart).
9 ‘‘(2) INCREASE IN APPLICABLE PERCENTAGE.—
10 Subsection (a)(2) shall be applied—
11 ‘‘(A) by substituting ‘50 percent’ for ‘35
12 percent ’, and
13 ‘‘(B) by substituting ‘$120,000’ for
14 ‘$15,000’.
15 ‘‘(3) INCREASE IN DOLLAR LIMIT ON AMOUNT
16 CREDITABLE.—Subsection (c) shall be applied—
17 ‘‘(A) by substituting ‘$6,000’ for ‘$3,000’ in
18 paragraph (1) thereof, and
19 ‘‘(B) by substituting ‘twice the amount in
20 effect under paragraph (1)’ for ‘$6,000’ in para-
21 graph (2) thereof.’’.
22 (b) CONFORMING AMENDMENT.—Section 1324(b)(2) of
23 title 31, United States Code, is amended by inserting ‘‘21
24 (by reason of subsection (g) thereof),’’ before ‘‘25A’’.
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1 (c) COORDINATION WITH POSSESSION TAX SYS-
2 TEMS.—Section 21(g)(1) of the Internal Revenue Code of
3 1986 (as added by this section) shall not apply to any per-
4 son—
5 (1) to whom a credit is allowed against taxes
6 imposed by a possession with a mirror code tax sys-
7 tem by reason of the application of section 21 of such
8 Code in such possession for such taxable year, or
9 (2) to whom a credit would be allowed against
10 taxes imposed by a possession which does not have a
11 mirror code tax system if the provisions of section 21
12 of such Code had been in effect in such possession for
13 such taxable year.
14 (d) EFFECTIVE DATE.—The amendments made by this
15 section shall apply to taxable years beginning after Decem-
16 ber 31, 2019.
17 SEC. 132. INCREASE IN EXCLUSION FOR EMPLOYER-PRO-
18 VIDED DEPENDENT CARE ASSISTANCE.
19 (a) IN GENERAL.—Section 129(a)(2) of the Internal
20 Revenue Code of 1986 is amended by adding at the end
21 the following new subparagraph:
22 ‘‘(D) SPECIAL RULE FOR 2020.—In the case
23 of any taxable year beginning during 2020, sub-
24 paragraph (A) shall be applied be substituting
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1 ‘$10,500 (half such dollar amount’ for ‘$5,000
2 ($2,500’.’’.
3 (b) EFFECTIVE DATE.—The amendment made by this
4 section shall apply to taxable years beginning after Decem-
5 ber 31, 2019.
6 (c) RETROACTIVE PLAN AMENDMENTS.—A plan or
7 other arrangement that otherwise satisfies all applicable re-
8 quirements of sections 106, 125, and 129 of the Internal
9 Revenue Code of 1986 (including any rules or regulations
10 thereunder) shall not fail to be treated as a cafeteria plan
11 or dependent care flexible spending arrangement merely be-
12 cause such plan or arrangement is amended pursuant to
13 a provision under this section and such amendment is ret-
14 roactive, if—
15 (1) such amendment is adopted no later than the
16 last day of the plan year in which the amendment is
17 effective, and
18 (2) the plan or arrangement is operated con-
19 sistent with the terms of such amendment during the
20 period beginning on the effective date of the amend-
21 ment and ending on the date the amendment is
22 adopted.
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1 Subtitle E—Credits for Paid Sick
2 and Family Leave
3 SEC. 141. EXTENSION OF CREDITS.
4 (a) IN GENERAL.—Sections 7001(g), 7002(e), 7003(g),
5 and 7004(e) of the Families First Coronavirus Response Act
6 are each amended by striking ‘‘December 31, 2020’’ and in-
7 serting ‘‘February 28, 2021’’.
8 (b) EFFECTIVE DATE.—The amendments made by this
9 section shall take effect as if included in the provisions of
10 the Families First Coronavirus Response Act to which they
11 relate.
12 SEC. 142. REPEAL OF REDUCED RATE OF CREDIT FOR CER-
13 TAIN LEAVE.
14 (a) PAYROLL CREDIT.—Section 7001(b) of the Fami-
15 lies First Coronavirus Response Act is amended by insert-
16 ing ‘‘(as in effect immediately before the date of the enact-
17 ment of the COVID–19 Tax Relief Act of 2020) or any day
18 on or after the date of the enactment of the COVID–19 Tax
19 Relief Act of 2020’’ after ‘‘in the case of any day any por-
20 tion of which is paid sick time described in paragraph (1),
21 (2), or (3) of section 5102(a) of the Emergency Paid Sick
22 Leave Act’’.
23 (b) SELF-EMPLOYED CREDIT.—
24 (1) IN GENERAL.—Clauses (i) and (ii) of section
25 7002(c)(1)(B) of the Families First Coronavirus Re-
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1 sponse Act are each amended by inserting ‘‘(as in ef-
2 fect immediately before the date of the enactment of
3 the COVID–19 Tax Relief Act of 2020) or any day
4 on or after the date of the enactment of the COVID–
5 19 Tax Relief Act of 2020’’ after ‘‘in the case of any
6 day any portion of which is paid sick time described
7 in paragraph (1), (2), or (3) of section 5102(a) of the
8 Emergency Paid Sick Leave Act’’.
9 (2) CONFORMING AMENDMENT.—Section
10 7002(d)(3) of the Families First Coronavirus Re-
11 sponse Act is amended by inserting ‘‘(as in effect im-
12 mediately before the date of the enactment of the
13 COVID–19 Tax Relief Act of 2020) or any day on or
14 after the date of the enactment of the COVID–19 Tax
15 Relief Act of 2020’’ after ‘‘in the case of any day any
16 portion of which is paid sick time described in para-
17 graph (1), (2), or (3) of section 5102(a) of the Emer-
18 gency Paid Sick Leave Act’’.
19 (c) EFFECTIVE DATE.—The amendments made by this
20 section shall apply to days on or after the date of the enact-
21 ment of this Act.
22 SEC. 143. INCREASE IN LIMITATIONS ON CREDITS FOR PAID
23 FAMILY LEAVE.
24 (a) INCREASE IN OVERALL LIMITATION ON QUALIFIED
25 FAMILY LEAVE WAGES.—
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1 (1) IN GENERAL.—Section 7003(b)(1)(B) of the
2 Families First Coronavirus Response Act is amended
3 by striking ‘‘$10,000’’ and inserting ‘‘$12,000’’.
4 (2) CONFORMING AMENDMENT.—Section
5 7004(d)(3) of the Families First Coronavirus Re-
6 sponse Act is amended by striking ‘‘$10,000’’ and in-
7 serting ‘‘$12,000’’.
8 (b) INCREASE IN QUALIFIED FAMILY LEAVE EQUIVA-
9 LENT AMOUNT FOR SELF-EMPLOYED INDIVIDUALS.—Sec-
10 tion 7004(c)(1)(A) of the Families First Coronavirus Re-
11 sponse Act is amended by striking ‘‘50’’ and inserting ‘‘60’’.
12 (c) EFFECTIVE DATE.—The amendments made by this
13 section shall take effect as if included in the provisions of
14 the Families First Coronavirus Response Act to which they
15 relate.
16 SEC. 144. ELECTION TO USE PRIOR YEAR NET EARNINGS
17 FROM SELF-EMPLOYMENT IN DETERMINING
18 AVERAGE DAILY SELF-EMPLOYMENT INCOME.
19 (a) CREDIT FOR SICK LEAVE.—Section 7002(c) of the
20 Families First Coronavirus Response Act is amended by
21 adding at the end the following new paragraph:
22 ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN-
23 INGS FROM SELF-EMPLOYMENT INCOME.—In the case
24 of an individual who elects (at such time and in such
25 manner as the Secretary, or the Secretary’s delegate,
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1 may provide) the application of this paragraph,
2 paragraph (2)(A) shall be applied by substituting ‘the
3 prior taxable year’ for ‘the taxable year’.’’.
4 (b) CREDIT FOR FAMILY LEAVE.—Section 7004(c) of
5 the Families First Coronavirus Response Act is amended
6 by adding at the end the following new paragraph:
7 ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN-
8 INGS FROM SELF-EMPLOYMENT INCOME.—In the case
9 of an individual who elects (at such time and in such
10 manner as the Secretary, or the Secretary’s delegate,
11 may provide) the application of this paragraph,
12 paragraph (2)(A) shall be applied by substituting ‘the
13 prior taxable year’ for ‘the taxable year’.’’.
14 (c) EFFECTIVE DATE.—The amendments made by this
15 section shall take effect as if included in the provisions of
16 the Families First Coronavirus Response Act to which they
17 relate.
18 SEC. 145. FEDERAL, STATE, AND LOCAL GOVERNMENTS AL-
19 LOWED TAX CREDITS FOR PAID SICK AND
20 PAID FAMILY AND MEDICAL LEAVE.
21 (a) IN GENERAL.—Sections 7001(e) and 7003(e) of the
22 Families First Coronavirus Response Act are each amended
23 by striking paragraph (4).
24 (b) COORDINATION WITH APPLICATION OF CERTAIN
25 DEFINITIONS.—
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1 (1) IN GENERAL.—Sections 7001(c) and 7003(c)
2 of the Families First Coronavirus Response Act are
3 each amended—
4 (A) by inserting ‘‘, determined without re-
5 gard to paragraphs (1) through (22) of section
6 3121(b) of such Code’’ after ‘‘as defined in sec-
7 tion 3121(a) of the Internal Revenue Code of
8 1986’’, and
9 (B) by inserting ‘‘, determined without re-
10 gard to the sentence in paragraph (1) thereof
11 which begins ‘Such term does include remunera-
12 tion’ ’’ after ‘‘as defined in section 3231(e) of the
13 Internal Revenue Code’’.
14 (2) CONFORMING AMENDMENTS.—Sections
15 7001(e)(3) and 7003(e)(3) of the Families First
16 Coronavirus Response Act are each amended by strik-
17 ing ‘‘Any term’’ and inserting ‘‘Except as otherwise
18 provided in this section, any term’’.
19 (c) EFFECTIVE DATE.—The amendments made by this
20 section shall take effect as if included in the provisions of
21 the Families First Coronavirus Response Act to which they
22 relate.
23 SEC. 146. CERTAIN TECHNICAL IMPROVEMENTS.
24 (a) COORDINATION WITH EXCLUSION FROM EMPLOY-
25 MENT TAXES.—Sections 7001(c) and 7003(c) of the Fami-
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1 lies First Coronavirus Response Act, as amended by the pre-
2 ceding provisions of this Act, are each amended—
3 (1) by inserting ‘‘and section 7005(a) of this
4 Act,’’ after ‘‘determined without regard to paragraphs
5 (1) through (22) of section 3121(b) of such Code’’, and
6 (2) by inserting ‘‘and without regard to section
7 7005(a) of this Act’’ after ‘‘which begins ‘Such term
8 does not include remuneration’ ’’.
9 (b) CLARIFICATION OF APPLICABLE RAILROAD RE-
10 TIREMENT TAX FOR PAID LEAVE CREDITS.—Sections
11 7001(e) and 7003(e) of the Families First Coronavirus Re-
12 sponse Act, as amended by the preceding provisions of this
13 Act, are each amended by adding at the end the following
14 new paragraph:
15 ‘‘(4) REFERENCES TO RAILROAD RETIREMENT
16 TAX.—Any reference in this section to the tax imposed
17 by section 3221(a) of the Internal Revenue Code of
18 1986 shall be treated as a reference to so much of such
19 tax as is attributable to the rate in effect under sec-
20 tion 3111(a) of such Code.’’.
21 (c) CLARIFICATION OF TREATMENT OF PAID LEAVE
22 FOR APPLICABLE RAILROAD RETIREMENT TAX.—Section
23 7005(a) of the Families First Coronavirus Response Act is
24 amended by adding the following sentence at the end of such
25 subsection: ‘‘Any reference in this subsection to the tax im-
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1 posed by section 3221(a) of such Code shall be treated as
2 a reference to so much of the tax as is attributable to the
3 rate in effect under section 3111(a) of such Code.’’
4 (d) CLARIFICATION OF APPLICABLE RAILROAD RE-
5 TIREMENT TAX FOR HOSPITAL INSURANCE TAX CREDIT.—
6 Section 7005(b)(1) of the Families First Coronavirus Re-
7 sponse Act is amended to read as follows:
8 ‘‘(1) IN GENERAL.—The credit allowed by section
9 7001 and the credit allowed by section 7003 shall
10 each be increased by the amount of the tax imposed
11 by section 3111(b) of the Internal Revenue Code of
12 1986 and so much of the taxes imposed under section
13 3221(a) of such Code as are attributable to the rate
14 in effect under section 3111(b) of such Code on quali-
15 fied sick leave wages, or qualified family leave wages,
16 for which credit is allowed under such section 7001
17 or 7003 (respectively).’’.
18 (e) EFFECTIVE DATE.—The amendments made by this
19 section shall take effect as if included in the provisions of
20 the Families First Coronavirus Response Act to which they
21 relate.
22 SEC. 147. CREDITS NOT ALLOWED TO CERTAIN LARGE EM-
23 PLOYERS.
24 (a) CREDIT FOR REQUIRED PAID SICK LEAVE.—
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1 (1) IN GENERAL.—Section 7001(a) of the Fami-
2 lies First Coronavirus Response Act is amended by
3 striking ‘‘In the case of an employer’’ and inserting
4 ‘‘In the case of an eligible employer’’.
5 (2) ELIGIBLE EMPLOYER.—Section 7001(c) of
6 the Families First Coronavirus Response Act, as
7 amended by the preceding provisions of this Act, is
8 amended by striking ‘‘For purposes of this section, the
9 term’’ and all that precedes it and inserting the fol-
10 lowing:
11 ‘‘(c) DEFINITIONS.—For purposes of this section—
12 ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible
13 employer’ means any employer other than an appli-
14 cable large employer (as defined in section
15 4980H(c)(2), determined by substituting ‘500’ for ‘50’
16 each place it appears in subparagraphs (A) and (B)
17 thereof and without regard to subparagraphs (D) and
18 (F) thereof). For purposes of the preceding sentence,
19 the Government of the United States, the government
20 of any State or political subdivision thereof, or any
21 agency or instrumentality of any of the foregoing
22 shall not be treated as an applicable large employer.
23 ‘‘(2) QUALIFIED SICK LEAVE WAGES.—The
24 term’’.
25 (b) CREDIT FOR REQUIRED PAID FAMILY LEAVE.—
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1 (1) IN GENERAL.—Section 7003(a) of the Fami-
2 lies First Coronavirus Response Act is amended by
3 striking ‘‘In the case of an employer’’ and inserting
4 ‘‘In the case of an eligible employer’’.
5 (2) ELIGIBLE EMPLOYER.—Section 7003(c) of
6 the Families First Coronavirus Response Act, as
7 amended by the preceding provisions of this Act, is
8 amended by striking ‘‘For purposes of this section, the
9 term’’ and all that precedes it and inserting the fol-
10 lowing:
11 ‘‘(c) DEFINITIONS.—For purposes of this section—
12 ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible
13 employer’ means any employer other than an appli-
14 cable large employer (as defined in section
15 4980H(c)(2), determined by substituting ‘500’ for ‘50’
16 each place it appears in subparagraphs (A) and (B)
17 thereof and without regard to subparagraphs (D) and
18 (F) thereof). For purposes of the preceding sentence,
19 the Government of the United States, the government
20 of any State or political subdivision thereof, or any
21 agency or instrumentality of any of the foregoing,
22 shall not be treated as an applicable large employer.
23 ‘‘(2) QUALIFIED FAMILY LEAVE WAGES.—The
24 term’’.
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1 (c) EFFECTIVE DATE.—The amendments made by this
2 section shall apply to wages paid after the date of the enact-
3 ment of this Act.
4 Subtitle F—Deduction of State and
5 Local Taxes
6 SEC. 151. ELIMINATION FOR 2020 LIMITATION ON DEDUC-
7 TION OF STATE AND LOCAL TAXES.
8 (a) IN GENERAL.—Section 164(b)(6)(B) of the Inter-
9 nal Revenue Code of 1986 is amended by inserting ‘‘in the
10 case of a taxable year beginning before January 1, 2020,
11 or after December 31, 2020,’’ before ‘‘the aggregate amount
12 of taxes’’.
13 (b) CONFORMING AMENDMENTS.—Section 164(b)(6) of
14 the Internal Revenue Code of 1986 is amended—
15 (1) by striking ‘‘For purposes of subparagraph
16 (B)’’ and inserting ‘‘For purposes of this section’’,
17 (2) by striking ‘‘January 1, 2018’’ and inserting
18 ‘‘January 1, 2021’’,
19 (3) by striking ‘‘December 31, 2017, shall’’ and
20 inserting ‘‘December 31, 2020, shall’’, and
21 (4) by adding at the end the following: ‘‘For pur-
22 poses of this section, in the case of State or local taxes
23 with respect to any real or personal property paid
24 during a taxable year beginning in 2020, the Sec-
25 retary shall prescribe rules which treat all or a por-
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1 tion of such taxes as paid in a taxable year or years
2 other than the taxable year in which actually paid as
3 necessary or appropriate to prevent the avoidance of
4 the limitations of this subsection.’’.
5 (c) EFFECTIVE DATE.—The amendments made by this
6 section shall apply to taxes paid or accrued in taxable years
7 beginning after December 31, 2019.
8 TITLE II—PROVISIONS TO PRE-
9 VENT BUSINESS INTERRUP-
10 TION
11 SEC. 201. IMPROVEMENTS TO EMPLOYEE RETENTION AND
12 REHIRING CREDIT.
13 (a) EMPLOYEE RETENTION CREDIT RENAMED.—Sec-
14 tion 2301 of the CARES Act is amended in the heading
15 by striking ‘‘EMPLOYEE RETENTION CREDIT’’ and in-
16 serting ‘‘EMPLOYEE RETENTION AND REHIRING
17 CREDIT’’.
18 (b) INCREASE IN CREDIT PERCENTAGE.—Section
19 2301(a) of the CARES Act is amended by striking ‘‘50 per-
20 cent’’ and inserting ‘‘80 percent’’.
21 (c) INCREASE IN PER EMPLOYEE LIMITATION.—Sec-
22 tion 2301(b)(1) of the CARES Act is amended by striking
23 ‘‘for all calendar quarters shall not exceed $10,000.’’ and
24 inserting ‘‘shall not exceed—
25 ‘‘(A) $15,000 in any calendar quarter, and
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1 ‘‘(B) $45,000 in the aggregate for all cal-
2 endar quarters.’’.
3 (d) MODIFICATION OF THRESHOLD FOR TREATMENT
4 AS A LARGE EMPLOYER.—
5 (1) IN GENERAL.—Section 2301(c)(3)(A) of the
6 CARES Act is amended—
7 (A) by striking ‘‘for which the average num-
8 ber of full-time employees (within the meaning of
9 section 4980H of the Internal Revenue Code of
10 1986) employed by such eligible employer during
11 2019 was greater than 100’’ in clause (i) and in-
12 serting ‘‘which is a large employer’’, and
13 (B) by striking ‘‘for which the average num-
14 ber of full-time employees (within the meaning of
15 section 4980H of the Internal Revenue Code of
16 1986) employed by such eligible employer during
17 2019 was not greater than 100’’ in clause (ii)
18 and inserting ‘‘which is not a large employer’’.
19 (2) LARGE EMPLOYER DEFINED.—Section
20 2301(c) of the CARES Act is amended by redesig-
21 nating paragraph (6) as paragraph (7) and by in-
22 serting after paragraph (5) the following new para-
23 graph:
24 ‘‘(6) LARGE EMPLOYER.—The term ‘large em-
25 ployer’ means any eligible employer if—
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1 ‘‘(A) the average number of full-time em-
2 ployees (as determined for purposes of deter-
3 mining whether an employer is an applicable
4 large employer for purposes of section
5 4980H(c)(2) of the Internal Revenue Code of
6 1986) employed by such eligible employer during
7 calendar year 2019 was greater than 1,500, and
8 ‘‘(B) the gross receipts (within the meaning
9 of section 448(c) of the Internal Revenue Code of
10 1986) of such eligible employer during calendar
11 year 2019 was greater than $41,500,000.’’.
12 (e) PHASE-IN OF ELIGIBILITY BASED ON REDUCTION
13 IN GROSS RECEIPTS.—
14 (1) DECREASE OF REDUCTION IN GROSS RE-
15 CEIPTS NECESSARY TO QUALIFY FOR CREDIT.—Sec-
16 tion 2301(c)(2)(B) of the CARES Act is amended—
17 (A) by striking ‘‘50 percent’’ in clause (i)
18 and inserting ‘‘90 percent’’, and
19 (B) by striking ‘‘80 percent’’ in clause (ii)
20 and inserting ‘‘90 percent’’.
21 (2) PHASE-IN OF CREDIT IF REDUCTION IN
22 GROSS RECEIPTS IS LESS THAN 50 PERCENT.—Section
23 2301(c)(2) of the CARES Act is amended by adding
24 at the end the following new subparagraph:
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1 ‘‘(D) PHASE-IN OF CREDIT WHERE BUSI-
2 NESS NOT SUSPENDED AND REDUCTION IN GROSS
3 RECEIPTS LESS THAN 50 PERCENT.—
4 ‘‘(i) IN GENERAL.—In the case of any
5 calendar quarter with respect to which an
6 eligible employer would not be an eligible
7 employer if subparagraph (B)(i) were ap-
8 plied by substituting ‘50 percent’ for ‘90
9 percent’, the amount of the credit allowed
10 under subsection (a) shall be reduced by the
11 amount which bears the same ratio to the
12 amount of such credit (determined without
13 regard to this subparagraph) as—
14 ‘‘(I) the excess gross receipts per-
15 centage point amount, bears to
16 ‘‘(II) 40 percentage points.
17 ‘‘(ii) EXCESS GROSS RECEIPTS PER-
18 CENTAGE POINT AMOUNT.—For purposes of
19 this subparagraph, the term ‘excess gross re-
20 ceipts percentage point amount’ means,
21 with respect to any calendar quarter, the
22 excess of—
23 ‘‘(I) the lowest of the gross receipts
24 percentage point amounts determined
25 with respect to any calendar quarter
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1 during the period ending with such
2 calendar quarter and beginning with
3 the first calendar quarter during the
4 period described in subparagraph (B),
5 over
6 ‘‘(II) 50 percentage points.
7 ‘‘(iii) GROSS RECEIPTS PERCENTAGE
8 POINT AMOUNTS.—For purposes of this sub-
9 paragraph, the term ‘gross receipts percent-
10 age point amount’ means, with respect to
11 any calendar quarter, the percentage (ex-
12 pressed as a number of percentage points)
13 obtained by dividing—
14 ‘‘(I) the gross receipts (within the
15 meaning of subparagraph (B)) for such
16 calendar quarter, by
17 ‘‘(II) the gross receipts for the
18 same calendar quarter in calendar
19 year 2019.’’.
20 (3) GROSS RECEIPTS OF TAX-EXEMPT ORGANIZA-
21 TIONS.—Section 2301(c)(2)(C) of the CARES Act is
22 amended—
23 (A) by striking ‘‘of such Code, clauses (i)
24 and (ii)(I)’’ and inserting ‘‘of such Code—
25 ‘‘(i) clauses (i) and (ii)(I)’’,
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1 (B) by striking the period at the end and
2 inserting ‘‘, and’’, and
3 (C) by adding at the end the following new
4 clause:
5 ‘‘(ii) any reference in this section to
6 gross receipts shall be treated as a reference
7 to gross receipts within the meaning of sec-
8 tion 6033 of such Code.’’.
9 (f) MODIFICATION OF TREATMENT OF HEALTH PLAN
10 EXPENSES.—
11 (1) IN GENERAL.—Section 2301(c)(5) of the
12 CARES Act is amended to read as follows:
13 ‘‘(5) WAGES.—
14 ‘‘(A) IN GENERAL.—The term ‘wages’ means
15 wages (as defined in section 3121(a) of the Inter-
16 nal Revenue Code of 1986) and compensation (as
17 defined in section 3231(e) of such Code).
18 ‘‘(B) ALLOWANCE FOR CERTAIN HEALTH
19 PLAN EXPENSES.—
20 ‘‘(i) IN GENERAL.—Such term shall in-
21 clude amounts paid or incurred by the eligi-
22 ble employer to provide and maintain a
23 group health plan (as defined in section
24 5000(b)(1) of the Internal Revenue Code of
25 1986), but only to the extent that such
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1 amounts are excluded from the gross income
2 of employees by reason of section 106(a) of
3 such Code.
4 ‘‘(ii) ALLOCATION RULES.—For pur-
5 poses of this section, amounts treated as
6 wages under clause (i) shall be treated as
7 paid with respect to any employee (and
8 with respect to any period) to the extent
9 that such amounts are properly allocable to
10 such employee (and to such period) in such
11 manner as the Secretary may prescribe. Ex-
12 cept as otherwise provided by the Secretary,
13 such allocation shall be treated as properly
14 made if made on the basis of being pro rata
15 among periods of coverage.’’.
16 (2) CONFORMING AMENDMENT.—Section
17 2301(c)(3) of the CARES Act is amended by striking
18 subparagraph (C).
19 (g) QUALIFIED WAGES PERMITTED TO INCLUDE
20 AMOUNTS FOR TIP REPLACEMENT.—Section 2301(c)(3)(B)
21 of the CARES Act is amended by inserting ‘‘(including tips
22 which would have been deemed to be paid by the employer
23 under section 3121(q))’’ after ‘‘would have been paid’’.
24 (h) CERTAIN GOVERNMENTAL EMPLOYERS ELIGIBLE
25 FOR CREDIT.—
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1 (1) IN GENERAL.—Section 2301(f) of the CARES
2 Act is amended to read as follows:
3 ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.—
4 ‘‘(1) IN GENERAL.—The credit under this section
5 shall not be allowed to the Federal Government or
6 any agency or instrumentality thereof.
7 ‘‘(2) EXCEPTION.—Paragraph (1) shall not
8 apply to any organization described in section
9 501(c)(1) of the Internal Revenue Code of 1986 and
10 exempt from tax under section 501(a) of such Code.
11 ‘‘(3) SPECIAL RULES.—In the case of any State
12 government, Indian tribal government, or any agen-
13 cy, instrumentality, or political subdivision of the
14 foregoing—
15 ‘‘(A) clauses (i) and (ii)(I) of subsection
16 (c)(2)(A) shall apply to all operations of such en-
17 tity, and
18 ‘‘(B) subclause (II) of subsection
19 (c)(2)(A)(ii) shall not apply.’’.
20 (2) COORDINATION WITH APPLICATION OF CER-
21 TAIN DEFINITIONS.—
22 (A) IN GENERAL.—Section 2301(c)(5)(A) of
23 the CARES Act, as amended by the preceding
24 provisions of this Act, is amended by adding at
25 the end the following: ‘‘For purposes of the pre-
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1 ceding sentence (other than for purposes of sub-
2 section (b)(2)), wages as defined in section
3 3121(a) of the Internal Revenue Code of 1986
4 shall be determined without regard to para-
5 graphs (1), (5), (6), (7), (8), (10), (13), (18),
6 (19), and (22) of section 3212(b) of such Code
7 (except with respect to services performed in a
8 penal institution by an inmate thereof).’’.
9 (B) CONFORMING AMENDMENTS.—Sections
10 2301(c)(6) of the CARES Act is amended by
11 striking ‘‘Any term’’ and inserting ‘‘Except as
12 otherwise provided in this section, any term’’.
13 (i) COORDINATION WITH INCOME TAX CREDITS.—Sec-
14 tion 2301(h) of the CARES Act, as amended by preceding
15 provisions of this Act, is amended—
16 (1) by striking paragraphs (1) and (2) and in-
17 serting the following:
18 ‘‘(1) COORDINATION WITH INCOME TAX CRED-
19 ITS.—Any wages taken into account in determining
20 the credit allowed under this section shall not be
21 taken into account as wages for purposes of sections
22 41, 45A, 45B, 45P, 45S, 51, and 1396 of the Internal
23 Revenue 23 Code of 1986.’’, and
24 (2) by redesignating paragraph (3) as para-
25 graph (2).
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1 (j) APPLICATION OF CREDIT TO EMPLOYERS OF DO-
2 MESTIC WORKERS.—
3 (1) IN GENERAL.—Section 2301(c)(2) of the
4 CARES Act, as amended by the preceding provisions
5 of this Act, is amended by adding at the end the fol-
6 lowing new subparagraph:
7 ‘‘(E) EMPLOYERS OF DOMESTIC WORK-
8 ERS.—In the case of an employer with one or
9 more employees who perform domestic service
10 (within the meaning of section 3121(a)(7) of
11 such Code) in the private home of such employer,
12 with respect to such employees—
13 ‘‘(i) subparagraph (A) shall be ap-
14 plied—
15 ‘‘(I) by substituting ‘employing
16 an employee who performs domestic
17 service in the private home of such em-
18 ployer’ for ‘carrying on a trade or
19 business’ in clause (i) thereof, and
20 ‘‘(II) by substituting ‘such em-
21 ployment’ for ‘the operation of the
22 trade or business’ in clause (ii)(I)
23 thereof.
24 ‘‘(ii) subclause (II) of subparagraph
25 (A)(ii) shall not apply, and
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1 ‘‘(iii) such employer shall be treated as
2 a large employer.’’.
3 (2) DENIAL OF DOUBLE BENEFIT.—Section
4 2301(h)(1) of the CARES Act, as amended by the pre-
5 ceding provisions of this Act, is further amended—
6 (A) by striking ‘‘shall not be taken into ac-
7 count as wages’’ and inserting ‘‘shall not be
8 taken into account as—
9 ‘‘(A) wages’’,
10 (B) by striking the period at the end and
11 inserting ‘‘, and’’, and
12 (C) by adding at the end the following:
13 ‘‘(B) if such wages are paid for domestic
14 service described in subsection (c)(2)(E), as em-
15 ployment-related expenses for purposes of section
16 21 of such Code.
17 In the case of any individual who pays wages for do-
18 mestic service described in subsection (c)(2)(E) and
19 receives a reimbursement for such wages which is ex-
20 cludible from gross income under section 129 of such
21 Code, such wages shall not be treated as qualified
22 wages for purposes of this section.’’.
23 (k) COORDINATION WITH GOVERNMENT GRANTS.—
24 Section 2301(h) of the CARES Act, as amended by the pre-
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1 ceding provisions of this Act, is further amended by adding
2 at the end the following new paragraph:
3 ‘‘(3) COORDINATION WITH GOVERNMENT
4 GRANTS.—Qualified wages shall not be taken into ac-
5 count under this section to the extent that grants (or
6 similar amounts) are provided by the Federal govern-
7 ment for purposes of paying or reimbursing expenses
8 for such wages.’’.
9 (l) EFFECTIVE DATE.—The amendments made by this
10 section shall take effect as if included in section 2301 of
11 the CARES Act.
12 SEC. 202. CERTAIN LOAN FORGIVENESS AND OTHER BUSI-
13 NESS FINANCIAL ASSISTANCE UNDER CARES
14 ACT NOT INCLUDIBLE IN GROSS INCOME.
15 (a) UNITED STATES TREASURY PROGRAM MANAGE-
16 MENT AUTHORITY.—For purposes of the Internal Revenue
17 Code of 1986, no amount shall be included in gross income
18 by reason of loan forgiveness described in section
19 1109(d)(2)(D) of the CARES Act.
20 (b) EMERGENCY EIDL GRANTS.—For purposes of the
21 Internal Revenue Code of 1986, any advance described in
22 section 1110(e) of the CARES Act shall not be included in
23 the gross income of the person that receives such advance.
24 (c) SUBSIDY FOR CERTAIN LOAN PAYMENTS.—For
25 purposes of the Internal Revenue Code of 1986, any pay-
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1 ment described in section 1112(c) of the CARES Act shall
2 not be included in the gross income of the person on whose
3 behalf such payment is made.
4 (d) RESTAURANTS GRANTS.—For purposes of the
5 Internal Revenue Code of 1986, any grants (or similar
6 amounts) made to an eligible entity under the RES-
7 TAURANTS Act of 2020 shall not be included in the gross
8 income of such entity.
9 (e) EFFECTIVE DATE.—(1) Subsections (a), (b), and
10 (c) shall apply to taxable years ending after the date of the
11 enactment of the CARES Act.
12 (2) RESTAURANTS GRANTS.—Subsection (d) shall
13 apply to taxable years ending after the date of the en-
14 actment of the RESTAURANTS Act of 2020.
15 SEC. 203. CLARIFICATION OF TREATMENT OF EXPENSES
16 PAID OR INCURRED WITH PROCEEDS FROM
17 CERTAIN GRANTS AND LOANS.
18 (a) IN GENERAL.—For purposes of the Internal Rev-
19 enue Code of 1986 and notwithstanding any other provision
20 of law, any deduction and the basis of any property shall
21 be determined without regard to whether any amount is ex-
22 cluded from gross income under section 202 of this Act or
23 section 1106(i) of the CARES Act.
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1 (b) CLARIFICATION OF EXCLUSION OF LOAN FORGIVE-
2 NESS.—Section 1106(i) of the CARES Act is amended to
3 read as follows:
4 ‘‘(i) TAXABILITY.—For purposes of the Internal Rev-
5 enue Code of 1986, no amount shall be included in the gross
6 income of the eligible recipient by reason of forgiveness of
7 indebtedness described in subsection (b).’’.
8 (c) EFFECTIVE DATE.—Subsection (a) and the amend-
9 ment made by subsection (b) shall apply to taxable years
10 ending after the date of the enactment of the CARES Act.
11 TITLE III—NET OPERATING
12 LOSSES
13 SEC. 301. LIMITATION ON EXCESS BUSINESS LOSSES OF
14 NON-CORPORATE TAXPAYERS RESTORED
15 AND MADE PERMANENT.
16 (a) IN GENERAL.—Section 461(l)(1) of the Internal
17 Revenue Code of 1986 is amended to read as follows:
18 ‘‘(1) LIMITATION.—In the case of a taxpayer
19 other than a corporation, any excess business loss of
20 the taxpayer shall not be allowed.’’.
21 (b) FARMING LOSSES.—Section 461 of such Code is
22 amended by striking subsection (j).
23 (c) EFFECTIVE DATE.—The amendments made by this
24 section shall apply to taxable years beginning after Decem-
25 ber 31, 2017.
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1 SEC. 302. CERTAIN TAXPAYERS ALLOWED CARRYBACK OF
2 NET OPERATING LOSSES ARISING IN 2019
3 AND 2020.
4 (a) CARRYBACK OF LOSSES ARISING IN 2019 AND
5 2020.—
6 (1) IN GENERAL.—Section 172(b)(1)(D)(i) of the
7 Internal Revenue Code of 1986 is amended to read as
8 follows:
9 ‘‘(i) IN GENERAL.—In the case of any
10 net operating loss arising in a taxable year
11 beginning after December 31, 2018, and be-
12 fore January 1, 2021, and to which sub-
13 paragraphs (B) and (C)(i) do not apply,
14 such loss shall be a net operating loss
15 carryback to each taxable year preceding the
16 taxable year of such loss, but not to any
17 taxable year beginning before January 1,
18 2018.’’.
19 (2) CONFORMING AMENDMENTS.—
20 (A) The heading for section 172(b)(1)(D) of
21 such Code is amended by striking ‘‘2018, 2019,
22 AND’’ and inserting ‘‘2019 AND’’.
23 (B) Section 172(b)(1)(D) of such Code is
24 amended by striking clause (iii) and by redesig-
25 nating clauses (iv) and (v) as clauses (iii) and
26 (iv), respectively.
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1 (C) Section 172(b)(1)(D)(iii) of such Code,
2 as so redesignated, is amended by striking
3 ‘‘(i)(I)’’ and inserting ‘‘(i)’’.
4 (D) Section 172(b)(1)(D)(iv) of such Code,
5 as so redesignated, is amended—
6 (i) by striking ‘‘If the 5-year carryback
7 period under clause (i)(I)’’ in subclause (I)
8 and inserting ‘‘If the carryback period
9 under clause (i)’’, and
10 (ii) by striking ‘‘2018 or’’ in subclause
11 (II).
12 (b) DISALLOWED FOR CERTAIN TAXPAYERS.—Section
13 172(b)(1)(D) of such Code, as amended by the preceding
14 provisions of this Act, is amended by adding at the end
15 the following new clauses:
16 ‘‘(v) CARRYBACK DISALLOWED FOR
17 CERTAIN TAXPAYERS.—Clause (i) shall not
18 apply with respect to any loss arising in a
19 taxable year in which—
20 ‘‘(I) the taxpayer (or any related
21 person) is not allowed a deduction
22 under this chapter for the taxable year
23 by reason of section 162(m) or section
24 280G, or
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1 ‘‘(II) the taxpayer (or any related
2 person) is a specified corporation for
3 the taxable year.
4 ‘‘(vi) SPECIFIED CORPORATION.—For
5 purposes of clause (v)—
6 ‘‘(I) IN GENERAL.—The term
7 ‘specified corporation’ means, with re-
8 spect to any taxable year, a corpora-
9 tion the fair market value of the aggre-
10 gate distributions (including redemp-
11 tions), measured as of the date of each
12 such distribution, of which during all
13 taxable years ending after December
14 31, 2017, exceed the sum of applicable
15 stock issued of such corporation and 5
16 percent of the fair market value of the
17 stock of such corporation as of the last
18 day of the taxable year.
19 ‘‘(II) APPLICABLE STOCK
20 ISSUED.—The term ‘applicable stock
21 issued’ means, with respect to any cor-
22 poration, the aggregate fair market
23 value of stock (as of the issue date of
24 such stock) issued by the corporation
25 during all taxable years ending after
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1 December 31, 2017, in exchange for
2 money or property other than stock in
3 such corporation.
4 ‘‘(III) CERTAIN PREFERRED
5 STOCK DISREGARDED.—For purposes
6 of subclause (I), stock described in sec-
7 tion 1504(a)(4), and distributions (in-
8 cluding redemptions) with respect to
9 such stock, shall be disregarded.
10 ‘‘(vii) RELATED PERSON.—For pur-
11 poses of clause (v), a person is a related
12 person to a taxpayer if the related person
13 bears a relationship to the taxpayer speci-
14 fied in section 267(b) or section 707(b)(1).’’.
15 (c) EFFECTIVE DATE.—The amendments made by this
16 section shall take effect as if included in the enactment of
17 section 2303(b) of the Coronavirus Aid, Relief, and Eco-
18 nomic Security Act.
19 DIVISION G—RETIREMENT
20 PROVISIONS
21 SEC. 100. SHORT TITLE, ETC.
22 (a) SHORT TITLE.—This division may be cited as the
23 ‘‘Emergency Pension Plan Relief Act of 2020’’.
24 (b) TABLE OF CONTENTS.—The table of contents for
25 this division is as follows:
Sec. 100. Short title, etc.
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TITLE I—RELIEF FOR MULTIEMPLOYER PENSION PLANS
Sec. 101. Special partition relief.
Sec. 102. Repeal of benefit suspensions for multiemployer plans in critical and
declining status.
Sec. 103. Temporary delay of designation of multiemployer plans as in endan-
gered, critical, or critical and declining status.
Sec. 104. Temporary extension of the funding improvement and rehabilitation pe-
riods for multiemployer pension plans in critical and endan-
gered status for 2020 or 2021.
Sec. 105. Adjustments to funding standard account rules.
Sec. 106. PBGC guarantee for participants in multiemployer plans.
TITLE II—RELIEF FOR SINGLE EMPLOYER PENSION PLANS
Sec. 201. Extended amortization for single employer plans.
Sec. 202. Extension of pension funding stabilization percentages for single em-
ployer plans.
TITLE III—OTHER RETIREMENT RELATED PROVISIONS
Sec. 301. Waiver of required minimum distributions for 2019.
Sec. 302. Waiver of 60-day rule in case of rollover of otherwise required min-
imum distributions in 2019 or 2020.
Sec. 303. Exclusion of benefits provided to volunteer firefighters and emergency
medical responders made permanent.
Sec. 304. Application of special rules to money purchase pension plans.
Sec. 305. Grants to assist low-income women and survivors of domestic violence
in obtaining qualified domestic relations orders.
Sec. 306. Modification of special rules for minimum funding standards for com-
munity newspaper plans.
Sec. 307. Minimum rate of interest for certain determinations related to life in-
surance contracts.
1 TITLE I—RELIEF FOR MULTIEM-
2 PLOYER PENSION PLANS
3 SEC. 101. SPECIAL PARTITION RELIEF.
4 (a) APPROPRIATION.—Section 4005 of the Employee
5 Retirement Income Security Act of 1974 (29 U.S.C. 1305)
6 is amended by adding at the end the following:
7 ‘‘(i)(1) An eighth fund shall be established for partition
8 assistance to multiemployer pension plans, as provided
9 under section 4233A, and to pay for necessary administra-
10 tive and operating expenses relating to such assistance.
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1 ‘‘(2) There is appropriated from the general fund such
2 amounts as necessary for the costs of providing partition
3 assistance under section 4233A and necessary administra-
4 tive and operating expenses. The eighth fund established
5 under this subsection shall be credited with such amounts
6 from time to time as the Secretary of the Treasury deter-
7 mines appropriate, from the general fund of the Treasury,
8 and such amounts shall remain available until expended.’’.
9 (b) SPECIAL PARTITION AUTHORITY.—The Employee
10 Retirement Income Security Act of 1974 (29 U.S.C. 1001
11 et seq.) is amended by inserting after section 4233 the fol-
12 lowing:
13 ‘‘SEC. 4233A. SPECIAL PARTITION RELIEF.
14 ‘‘(a) SPECIAL PARTITION AUTHORITY.—
15 ‘‘(1) IN GENERAL.—Upon the application of a
16 plan sponsor of an eligible multiemployer plan for
17 partition of the plan under this section, the corpora-
18 tion shall order a partition of the plan in accordance
19 with this section.
20 ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT
21 OBLIGATION.—A plan receiving partition assistance
22 pursuant to this section shall not be subject to repay-
23 ment obligations under section 4261(b)(2).
24 ‘‘(b) ELIGIBLE PLANS.—
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1 ‘‘(1) IN GENERAL.—For purposes of this section,
2 a multiemployer plan is an eligible multiemployer
3 plan if—
4 ‘‘(A) the plan is in critical and declining
5 status (within the meaning of section 305(b)(6))
6 in any plan year beginning in 2020 through
7 2024;
8 ‘‘(B) a suspension of benefits has been ap-
9 proved with respect to the plan under section
10 305(e)(9) as of the date of the enactment of this
11 section;
12 ‘‘(C) in any plan year beginning in 2020
13 through 2024, the plan is certified by the plan
14 actuary to be in critical status (within the
15 meaning of section 305(b)(2)), has a modified
16 funded percentage of less than 40 percent, and
17 has a ratio of active to inactive participants
18 which is less than 2 to 3; or
19 ‘‘(D) the plan is insolvent for purposes of
20 section 418E of the Internal Revenue Code of
21 1986 as of the date of enactment of this section,
22 if the plan became insolvent after December 16,
23 2014, and has not been terminated by such date
24 of enactment.
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1 ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For
2 purposes of paragraph (1)(C), the term ‘modified
3 funded percentage’ means the percentage equal to a
4 fraction the numerator of which is current value of
5 plan assets (as defined in section 3(26) of such Act)
6 and the denominator of which is current liabilities
7 (as defined in section 431(c)(6)(D) of such Code and
8 section 304(c)(6)(D) of such Act).
9 ‘‘(c) APPLICATIONS FOR SPECIAL PARTITION.—
10 ‘‘(1) GUIDANCE.—The corporation shall issue
11 guidance setting forth requirements for special parti-
12 tion applications under this section not later than
13 120 days after the date of the enactment of this sec-
14 tion. In such guidance, the corporation shall—
15 ‘‘(A) limit the materials required for a spe-
16 cial partition application to the minimum nec-
17 essary to make a determination on the applica-
18 tion; and
19 ‘‘(B) provide for an alternate application
20 for special partition under this section, which
21 may be used by a plan that has been approved
22 for a partition under section 4233 before the date
23 of enactment of this section.
24 ‘‘(2) TEMPORARY PRIORITY CONSIDERATION OF
25 APPLICATIONS.—
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1 ‘‘(A) IN GENERAL.—The corporation may
2 specify in guidance under paragraph (1) that,
3 during the first 2 years following the date of en-
4 actment of this section, special partition applica-
5 tions will be provided priority consideration,
6 if—
7 ‘‘(i) the plan is likely to become insol-
8 vent within 5 years of the date of enactment
9 of this section;
10 ‘‘(ii) the corporation projects a plan to
11 have a present value of financial assistance
12 payments under section 4261 that exceeds
13 $1,000,000,000 if the special partition is
14 not ordered;
15 ‘‘(iii) the plan has implemented benefit
16 suspensions under section 305(e)(9) as of
17 the date of the enactment of this section; or
18 ‘‘(iv) the corporation determines it ap-
19 propriate based on other circumstances.
20 ‘‘(B) NO EFFECT ON AMOUNT OF ASSIST-
21 ANCE.—A plan that is approved for special par-
22 tition assistance under this section shall not re-
23 ceive reduced special partition assistance on ac-
24 count of not receiving priority consideration
25 under subparagraph (A).
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1 ‘‘(3) ACTUARIAL ASSUMPTIONS AND OTHER IN-
2 FORMATION.—The corporation shall accept assump-
3 tions incorporated in a multiemployer plan’s deter-
4 mination that it is in critical status or critical and
5 declining status (within the meaning of section
6 305(b)), or that the plan’s modified funded percentage
7 is less than 40 percent, unless such assumptions are
8 clearly erroneous. The corporation may require such
9 other information as the corporation determines ap-
10 propriate for making a determination of eligibility
11 and the amount of special partition assistance nec-
12 essary under this section.
13 ‘‘(4) APPLICATION DEADLINE.—Any application
14 by a plan for special partition assistance under this
15 section shall be submitted no later than December 31,
16 2026, and any revised application for special parti-
17 tion assistance shall be submitted no later than De-
18 cember 31, 2027.
19 ‘‘(5) NOTICE OF APPLICATION.—Not later than
20 120 days after the date of enactment of this section,
21 the corporation shall issue guidance requiring multi-
22 employer plans to notify participants and bene-
23 ficiaries that the plan has applied for partition under
24 this section, after the corporation has determined that
25 the application is complete. Such notice shall ref-
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1 erence the special partition relief internet website de-
2 scribed in subsection (p).
3 ‘‘(d) DETERMINATIONS ON APPLICATIONS.—A plan’s
4 application for special partition under this section that is
5 timely filed in accordance with guidance issued under sub-
6 section (c)(1) shall be deemed approved and the corporation
7 shall issue a special partition order unless the corporation
8 notifies the plan within 120 days of the filing of the appli-
9 cation that the application is incomplete or the plan is not
10 eligible under this section. Such notice shall specify the rea-
11 sons the plan is ineligible for a special partition or infor-
12 mation needed to complete the application. If a plan is de-
13 nied partition under this subsection, the plan may submit
14 a revised application under this section. Any revised appli-
15 cation for special partition submitted by a plan shall be
16 deemed approved unless the corporation notifies the plan
17 within 120 days of the filing of the revised application that
18 the application is incomplete or the plan is not eligible
19 under this section. A special partition order issued by the
20 corporation shall be effective no later than 120 days after
21 a plan’s special partition application is approved by the
22 corporation or deemed approved.
23 ‘‘(e) AMOUNT AND MANNER OF SPECIAL PARTITION
24 ASSISTANCE.—
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1 ‘‘(1) IN GENERAL.—The liabilities of an eligible
2 multiemployer plan that the corporation assumes
3 pursuant to a special partition order under this sec-
4 tion shall be the amount necessary for the plan to
5 meet its funding goals described in subsection (g).
6 ‘‘(2) NO CAP.—Liabilities assumed by the cor-
7 poration pursuant to a special partition order under
8 this section shall not be capped by the guarantee
9 under section 4022A. The corporation shall have dis-
10 cretion on how liabilities of the plan are partitioned.
11 ‘‘(f) SUCCESSOR PLAN.—
12 ‘‘(1) IN GENERAL.—The plan created by a spe-
13 cial partition order under this section is a successor
14 plan to which section 4022A applies.
15 ‘‘(2) PLAN SPONSOR AND ADMINISTRATOR.—The
16 plan sponsor of an eligible multiemployer plan prior
17 to the special partition and the administrator of such
18 plan shall be the plan sponsor and the administrator,
19 respectively, of the plan created by the partition.
20 ‘‘(g) FUNDING GOALS.—
21 ‘‘(1) IN GENERAL.—The funding goals of a mul-
22 tiemployer plan eligible for partition under this sec-
23 tion are both of the following:
24 ‘‘(A) The plan will remain solvent over 30
25 years with no reduction in a participant’s or
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1 beneficiary’s accrued benefit (except to the extent
2 of a reduction in accordance with section
3 305(e)(8) adopted prior to the plan’s application
4 for partition under this section).
5 ‘‘(B) The funded percentage of the plan
6 (disregarding partitioned benefits) at the end of
7 the 30-year period is projected to be 80 percent.
8 ‘‘(2) BASIS.—The funding projections under
9 paragraph (1) shall be performed on a deterministic
10 basis.
11 ‘‘(h) RESTORATION OF BENEFIT SUSPENSIONS.—An
12 eligible multiemployer plan that is partitioned under this
13 section shall—
14 ‘‘(1) reinstate any benefits that were suspended
15 under section 305(e)(9) or section 4245(a), effective as
16 of the first month the special partition order is effec-
17 tive, for participants or beneficiaries as of the effec-
18 tive date of the partition; and
19 ‘‘(2) provide payments equal to the amount of
20 benefits previously suspended to any participants or
21 beneficiaries in pay status as of the effective date of
22 the special partition, payable in the form of a lump
23 sum within 3 months of such effective date or in equal
24 monthly installments over a period of 5 years, with
25 no adjustment for interest.
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1 ‘‘(i) ADJUSTMENT OF SPECIAL PARTITION ASSIST-
2 ANCE.—
3 ‘‘(1) IN GENERAL.—Every 5 years, the corpora-
4 tion shall adjust the special partition assistance de-
5 scribed in subsection (e) as necessary for the eligible
6 multiemployer plan to satisfy the funding goals de-
7 scribed in subsection (g). If the 30 year period de-
8 scribed in subsection (g) has lapsed, in applying this
9 paragraph, 5 years shall be substituted for 30 years.
10 ‘‘(2) SUBMISSION OF INFORMATION.—An eligible
11 multiemployer plan that is the subject of a special
12 partition order under subsection (a) shall submit such
13 information as the corporation may require to deter-
14 mine the amount of the adjustment under paragraph
15 (1).
16 ‘‘(3) CESSATION OF ADJUSTMENTS.—Adjust-
17 ments under this subsection with respect to special
18 partition assistance for an eligible multiemployer
19 plan shall cease and the corporation shall perma-
20 nently assume liability for payment of any benefits
21 transferred to the successor plan (subject to subsection
22 (l)) beginning with the first plan year that the funded
23 percentage of the eligible multiemployer plan (dis-
24 regarding partitioned benefits) is at least 80 percent
25 and the plan’s projected funded percentage for each of
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1 the next 10 years is at least 80 percent. Any accumu-
2 lated funding deficiency of the plan (within the
3 meaning of section 304(a)) shall be reduced to zero as
4 of the first day of the plan year for which partition
5 assistance is permanent under this paragraph.
6 ‘‘(j) CONDITIONS ON PLANS DURING PARTITION.—
7 ‘‘(1) IN GENERAL.—The corporation may im-
8 pose, by regulation, reasonable conditions on an eligi-
9 ble multiemployer plan that is partitioned under sec-
10 tion (a) relating to increases in future accrual rates
11 and any retroactive benefit improvements, allocation
12 of plan assets, reductions in employer contribution
13 rates, diversion of contributions to, and allocation of,
14 expenses to other retirement plans, and withdrawal li-
15 ability.
16 ‘‘(2) LIMITATIONS.—The corporation shall not
17 impose conditions on an eligible multiemployer plan
18 as a condition of or following receipt of such parti-
19 tion assistance under this section relating to—
20 ‘‘(A) any reduction in plan benefits (includ-
21 ing benefits that may be adjusted pursuant to
22 section 305(e)(8));
23 ‘‘(B) plan governance, including selection
24 of, removal of, and terms of contracts with, trust-
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1 ees, actuaries, investment managers, and other
2 service providers; or
3 ‘‘(C) any funding rules relating to the plan
4 that is partitioned under this section.
5 ‘‘(3) CONDITION.—An eligible multiemployer
6 plan that is partitioned under subsection (a) shall
7 continue to pay all premiums due under section 4007
8 for participants and beneficiaries in the plan created
9 by a special partition order until the plan year be-
10 ginning after a cessation of adjustments applies
11 under subsection (i).
12 ‘‘(k) WITHDRAWAL LIABILITY.—An employer’s with-
13 drawal liability for purposes of this title shall be calculated
14 taking into account any plan liabilities that are partitioned
15 under subsection (a) until the plan year beginning after
16 the expiration of 15 calendar years from the effective date
17 of the partition.
18 ‘‘(l) CESSATION OF PARTITION ASSISTANCE.—If a
19 plan that receives partition assistance under this section
20 becomes insolvent for purposes of section 418E of the Inter-
21 nal Revenue Code of 1986, the plan shall no longer be eligi-
22 ble for assistance under this section and shall be eligible
23 for assistance under section 4261.
24 ‘‘(m) REPORTING.—An eligible multiemployer plan
25 that receives partition assistance under this section shall
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1 file with the corporation a report, including the following
2 information, in such manner (which may include electronic
3 filing requirements) and at such time as the corporation
4 requires:
5 ‘‘(1) The funded percentage (as defined in section
6 305(j)(2)) as of the first day of such plan year, and
7 the underlying actuarial value of assets and liabilities
8 taken into account in determining such percentage.
9 ‘‘(2) The market value of the assets of the plan
10 (determined as provided in paragraph (1)) as of the
11 last day of the plan year preceding such plan year.
12 ‘‘(3) The total value of all contributions made by
13 employers and employees during the plan year pre-
14 ceding such plan year.
15 ‘‘(4) The total value of all benefits paid during
16 the plan year preceding such plan year.
17 ‘‘(5) Cash flow projections for such plan year
18 and the 9 succeeding plan years, and the assumptions
19 used in making such projections.
20 ‘‘(6) Funding standard account projections for
21 such plan year and the 9 succeeding plan years, and
22 the assumptions relied upon in making such projec-
23 tions.
24 ‘‘(7) The total value of all investment gains or
25 losses during the plan year preceding such plan year.
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1 ‘‘(8) Any significant reduction in the number of
2 active participants during the plan year preceding
3 such plan year, and the reason for such reduction.
4 ‘‘(9) A list of employers that withdrew from the
5 plan in the plan year preceding such plan year, the
6 payment schedule with respect to such withdrawal li-
7 ability, and the resulting reduction in contributions.
8 ‘‘(10) A list of employers that paid withdrawal
9 liability to the plan during the plan year preceding
10 such plan year and, for each employer, a total assess-
11 ment of the withdrawal liability paid, the annual
12 payment amount, and the number of years remaining
13 in the payment schedule with respect to such with-
14 drawal liability.
15 ‘‘(11) Any material changes to benefits, accrual
16 rates, or contribution rates during the plan year pre-
17 ceding such plan year, and whether such changes re-
18 late to the conditions of the partition assistance.
19 ‘‘(12) Details regarding any funding improve-
20 ment plan or rehabilitation plan and updates to such
21 plan.
22 ‘‘(13) The number of participants and bene-
23 ficiaries during the plan year preceding such plan
24 year who are active participants, the number of par-
25 ticipants and beneficiaries in pay status, and the
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1 number of terminated vested participants and bene-
2 ficiaries.
3 ‘‘(14) The information contained on the most re-
4 cent annual funding notice submitted by the plan
5 under section 101(f).
6 ‘‘(15) The information contained on the most re-
7 cent annual return under section 6058 of the Internal
8 Revenue Code of 1986 and actuarial report under sec-
9 tion 6059 of such Code of the plan.
10 ‘‘(16) Copies of the plan document and amend-
11 ments, other retirement benefit or ancillary benefit
12 plans relating to the plan and contribution obliga-
13 tions under such plans, a breakdown of administra-
14 tive expenses of the plan, participant census data and
15 distribution of benefits, the most recent actuarial
16 valuation report as of the plan year, financial re-
17 ports, and copies of the portions of collective bar-
18 gaining agreements relating to plan contributions,
19 funding coverage, or benefits, and such other informa-
20 tion as the corporation may reasonably require.
21 Any information disclosed by a plan to the corporation that
22 could identify individual employers shall be confidential
23 and not subject to publication or disclosure.
24 ‘‘(n) REPORT TO CONGRESS.—
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1 ‘‘(1) IN GENERAL.—Not later than 1 year after
2 the date of enactment of this section and annually
3 thereafter, the board of directors of the corporation
4 shall submit to the Committee on Health, Education,
5 Labor, and Pensions and the Committee on Finance
6 of the Senate and the Committee on Education and
7 Labor and the Committee on Ways and Means of the
8 House of Representatives a detailed report on the im-
9 plementation and administration of this section. Such
10 report shall include—
11 ‘‘(A) information on the name and number
12 of multiemployer plans that have applied for
13 partition assistance under this section;
14 ‘‘(B) the name and number of such plans
15 that have been approved for partition assistance
16 under this section and the name and number of
17 the plans that have not been approved for special
18 partition assistance;
19 ‘‘(C) a detailed rationale for any decision
20 by the corporation to not approve an application
21 for special partition assistance;
22 ‘‘(D) the amount of special partition assist-
23 ance provided to eligible multiemployer plans
24 (including amounts provided on an individual
25 plan basis and in the aggregate);
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1 ‘‘(E) the name and number of the multiem-
2 ployer plans that restored benefit suspensions
3 and provided lump sum or monthly installment
4 payments to participants or beneficiaries;
5 ‘‘(F) the amount of benefits that were re-
6 stored and lump sum or monthly installment
7 payments that were paid (including amounts
8 provided on an individual plan basis and in the
9 aggregate);
10 ‘‘(G) the name and number of the plans
11 that received adjustments to partition assistance
12 under subsection (i);
13 ‘‘(H) a list of, and rationale for, each rea-
14 sonable condition imposed by the corporation on
15 plans approved for special partition assistance
16 under this section;
17 ‘‘(I) the contracts that have been awarded
18 by the corporation to implement or administer
19 this section;
20 ‘‘(J) the number, purpose, and dollar
21 amounts of the contracts that have been awarded
22 to implement or administer the section;
23 ‘‘(K) a detailed summary of the reports re-
24 quired under subsection (m); and
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1 ‘‘(L) a detailed summary of the feedback re-
2 ceived on the pension relief internet website es-
3 tablished under subsection (p).
4 ‘‘(2) PBGC CERTIFICATION.—The board of direc-
5 tors of the corporation shall include with the report
6 under paragraph (1) a certification and affirmation
7 that the amount of special partition assistance pro-
8 vided to each plan under this section is the amount
9 necessary to meet its funding goals under subsection
10 (g), including, if applicable, any adjustment of spe-
11 cial partition assistance as determined under sub-
12 section (i).
13 ‘‘(3) CONFIDENTIALITY.—Congress may publicize
14 the reports received under paragraph (1) only after
15 redacting all sensitive or proprietary information.
16 ‘‘(o) GAO REPORT.—Not later than 1 year after the
17 first partition application is approved by the corporation
18 under this section, and biennially thereafter, the Comp-
19 troller General of the United States shall submit to the Com-
20 mittee on Health, Education, Labor, and Pensions and the
21 Committee on Finance of the Senate and the Committee on
22 Education and Labor and the Committee on Ways and
23 Means of the House of Representatives a detailed report on
24 the actions of the corporation to implement and administer
25 this section, including an examination of the contracts
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1 awarded by such corporation to carry out this section and
2 an analysis of such corporation’s compliance with sub-
3 sections (e) and (g).
4 ‘‘(p) SPECIAL PARTITION RELIEF WEBSITE.—
5 ‘‘(1) ESTABLISHMENT.—Not later than 120 days
6 after the date of enactment of this section, the cor-
7 poration shall establish and maintain a user-friendly,
8 public-facing internet website to foster greater ac-
9 countability and transparency in the implementation
10 and administration of this section.
11 ‘‘(2) PURPOSE.—The internet website established
12 and maintained under paragraph (1) shall be a por-
13 tal to key information relating to this section for mul-
14 tiemployer plan administrators and trustees, plan
15 participants, beneficiaries, participating employers,
16 other stakeholders, and the public.
17 ‘‘(3) CONTENT AND FUNCTION.—The internet
18 website established under paragraph (1) shall—
19 ‘‘(A) describe the nature and scope of the
20 special partition authority and assistance under
21 this section in a manner calculated to be under-
22 stood by the average plan participant;
23 ‘‘(B) include published guidance, regula-
24 tions, and all other relevant information on the
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1 implementation and administration of this sec-
2 tion;
3 ‘‘(C) include, with respect to plan applica-
4 tions for special partition assistance—
5 ‘‘(i) a general description of the process
6 by which eligible plans can apply for spe-
7 cial partition assistance, information on
8 how and when the corporation will process
9 and consider plan applications;
10 ‘‘(ii) information on how the corpora-
11 tion will address any incomplete applica-
12 tions as specified in under this section;
13 ‘‘(iii) a list of the plans that have ap-
14 plied for special partition assistance and,
15 for each application, the date of submission
16 of a completed application;
17 ‘‘(iv) the text of each plan’s completed
18 application for special partition assistance
19 with appropriate redactions of personal,
20 proprietary, or sensitive information;
21 ‘‘(v) the estimated date that a decision
22 will be made by the corporation on each ap-
23 plication;
24 ‘‘(vi) the actual date when such deci-
25 sion is made;
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1 ‘‘(vii) the corporation’s decision on
2 each application; and
3 ‘‘(viii) as applicable, a detailed ration-
4 ale for any decision not to approve a plan’s
5 application for special partition assistance;
6 ‘‘(D) provide detailed information on each
7 contract solicited and awarded to implement or
8 administer this section;
9 ‘‘(E) include reports, audits, and other rel-
10 evant oversight and accountability information
11 on this section, including the annual reports sub-
12 mitted by the board of directors of the corpora-
13 tion to Congress required under subsection (n),
14 the Office of the Inspector General audits, cor-
15 respondence, and publications, and the Govern-
16 ment Accountability Office reports under sub-
17 section (o);
18 ‘‘(F) provide a clear means for multiem-
19 ployer plan administrators, plan participants,
20 beneficiaries, other stakeholders, and the public
21 to contact the corporation and provide feedback
22 on the implementation and administration of
23 this section; and
24 ‘‘(G) be regularly updated to carry out the
25 purposes of this subsection.
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1 ‘‘(q) OFFICE OF INSPECTOR GENERAL.—There is au-
2 thorized to be appropriated to the corporation’s Office of
3 Inspector General $24,000,000 for fiscal year 2020, which
4 shall remain available through September 30, 2028, for sal-
5 aries and expenses necessary for conducting investigations
6 and audits of the implementation and administration of
7 this section.
8 ‘‘(r) APPLICATION OF EXCISE TAX.—During the pe-
9 riod that a plan is subject to a partition order under this
10 section and prior to a cessation of adjustments pursuant
11 to subsection (i)(3), the plan shall not be subject to section
12 4971 of the Internal Revenue Code of 1986.’’.
13 SEC. 102. REPEAL OF BENEFIT SUSPENSIONS FOR MULTI-
14 EMPLOYER PLANS IN CRITICAL AND DECLIN-
15 ING STATUS.
16 (a) AMENDMENT TO INTERNAL REVENUE CODE OF
17 1986.—Paragraph (9) of section 432(e) of the Internal Rev-
18 enue Code of 1986 is repealed.
19 (b) AMENDMENT TO EMPLOYEE RETIREMENT INCOME
20 SECURITY ACT OF 1974.—Paragraph (9) of section 305(e)
21 of the Employee Retirement Income Security Act of 1974
22 (29 U.S.C. 1085(e)) is repealed.
23 (c) EFFECTIVE DATE.—The repeals made by this sec-
24 tion shall not apply to plans that have been approved for
25 a suspension of benefit under section 432(e)(9)(G) of the
•HR 925 EAH
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1 Internal Revenue Code of 1986 and section 305(e)(9)(G) of
2 the Employee Retirement Income Security Act of 1974 (29
3 U.S.C. 1085(e)(9)(G)) before the date of the enactment of
4 this Act.
5 SEC. 103. TEMPORARY DELAY OF DESIGNATION OF MULTI-
6 EMPLOYER PLANS AS IN ENDANGERED, CRIT-
7 ICAL, OR CRITICAL AND DECLINING STATUS.
8 (a) IN GENERAL.—Notwithstanding the actuarial cer-
9 tification under section 305(b)(3) of the Employee Retire-
10 ment Income Security Act of 1974 and section 432(b)(3)
11 of the Internal Revenue Code of 1986, if a plan sponsor
12 of a multiemployer plan elects the application of this sec-
13 tion, then, for purposes of section 305 of such Act and sec-
14 tion 432 of such Code—
15 (1) the status of the plan for its first plan year
16 beginning during the period beginning on March 1,
17 2020, and ending on February 28, 2021, or the next
18 succeeding plan year (as designated by the plan spon-
19 sor in such election), shall be the same as the status
20 of such plan under such sections for the plan year
21 preceding such designated plan year, and
22 (2) in the case of a plan which was in endan-
23 gered or critical status for the plan year preceding the
24 designated plan year described in paragraph (1), the
25 plan shall not be required to update its plan or sched-
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1 ules under section 305(c)(6) of such Act and section
2 432(c)(6) of such Code, or section 305(e)(3)(B) of such
3 Act and section 432(e)(3)(B) of such Code, whichever
4 is applicable, until the plan year following the des-
5 ignated plan year described in paragraph (1).
6 If section 305 of the Employee Retirement Income Security
7 Act of 1974 and section 432 of the Internal Revenue Code
8 of 1986 did not apply to the plan year preceding the des-
9 ignated plan year described in paragraph (1), the plan ac-
10 tuary shall make a certification of the status of the plan
11 under section 305(b)(3) of such Act and section 432(b)(3)
12 of such Code for the preceding plan year in the same man-
13 ner as if such sections had applied to such preceding plan
14 year.
15 (b) EXCEPTION FOR PLANS BECOMING CRITICAL DUR-
16 ING ELECTION.—If—
17 (1) an election was made under subsection (a)
18 with respect to a multiemployer plan, and
19 (2) such plan has, without regard to such elec-
20 tion, been certified by the plan actuary under section
21 305(b)(3) of the Employee Retirement Income Secu-
22 rity Act of 1974 and section 432(b)(3) of the Internal
23 Revenue Code of 1986 to be in critical status for the
24 designated plan year described in subsection (a)(1),
25 then such plan shall be treated as a plan in critical
•HR 925 EAH
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1 status for such plan year for purposes of applying
2 section 4971(g)(1)(A) of such Code, section 302(b)(3)
3 of such Act (without regard to the second sentence
4 thereof), and section 412(b)(3) of such Code (without
5 regard to the second sentence thereof).
6 (c) ELECTION AND NOTICE.—
7 (1) ELECTION.—An election under subsection
8 (a)—
9 (A) shall be made at such time and in such
10 manner as the Secretary of the Treasury or the
11 Secretary’s delegate may prescribe and, once
12 made, may be revoked only with the consent of
13 the Secretary, and
14 (B) if made—
15 (i) before the date the annual certifi-
16 cation is submitted to the Secretary or the
17 Secretary’s delegate under section 305(b)(3)
18 of such Act and section 432(b)(3) of such
19 Code, shall be included with such annual
20 certification, and
21 (ii) after such date, shall be submitted
22 to the Secretary or the Secretary’s delegate
23 not later than 30 days after the date of the
24 election.
25 (2) NOTICE TO PARTICIPANTS.—
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1 (A) IN GENERAL.—Notwithstanding section
2 305(b)(3)(D) of the Employee Retirement Income
3 Security Act of 1974 and section 432(b)(3)(D) of
4 the Internal Revenue Code of 1986, if the plan
5 is neither in endangered nor critical status by
6 reason of an election made under subsection
7 (a)—
8 (i) the plan sponsor of a multiem-
9 ployer plan shall not be required to provide
10 notice under such sections, and
11 (ii) the plan sponsor shall provide to
12 the participants and beneficiaries, the bar-
13 gaining parties, the Pension Benefit Guar-
14 anty Corporation, and the Secretary of
15 Labor a notice of the election under sub-
16 section (a) and such other information as
17 the Secretary of the Treasury (in consulta-
18 tion with the Secretary of Labor) may re-
19 quire—
20 (I) if the election is made before
21 the date the annual certification is
22 submitted to the Secretary or the Sec-
23 retary’s delegate under section
24 305(b)(3) of such Act and section
25 432(b)(3) of such Code, not later than
•HR 925 EAH
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1 30 days after the date of the certifi-
2 cation, and
3 (II) if the election is made after
4 such date, not later than 30 days after
5 the date of the election.
6 (B) NOTICE OF ENDANGERED STATUS.—
7 Notwithstanding section 305(b)(3)(D) of such Act
8 and section 432(b)(3)(D) of such Code, if the
9 plan is certified to be in critical status for any
10 plan year but is in endangered status by reason
11 of an election made under subsection (a), the no-
12 tice provided under such sections shall be the no-
13 tice which would have been provided if the plan
14 had been certified to be in endangered status.
15 SEC. 104. TEMPORARY EXTENSION OF THE FUNDING IM-
16 PROVEMENT AND REHABILITATION PERIODS
17 FOR MULTIEMPLOYER PENSION PLANS IN
18 CRITICAL AND ENDANGERED STATUS FOR
19 2020 OR 2021.
20 (a) IN GENERAL.—If the plan sponsor of a multiem-
21 ployer plan which is in endangered or critical status for
22 a plan year beginning in 2020 or 2021 (determined after
23 application of section 4) elects the application of this sec-
24 tion, then, for purposes of section 305 of the Employee Re-
•HR 925 EAH
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1 tirement Income Security Act of 1974 and section 432 of
2 the Internal Revenue Code of 1986—
3 (1) except as provided in paragraph (2), the
4 plan’s funding improvement period or rehabilitation
5 period, whichever is applicable, shall be 15 years
6 rather than 10 years, and
7 (2) in the case of a plan in seriously endangered
8 status, the plan’s funding improvement period shall
9 be 20 years rather than 15 years.
10 (b) DEFINITIONS AND SPECIAL RULES.—For purposes
11 of this section—
12 (1) ELECTION.—An election under this section
13 shall be made at such time, and in such manner and
14 form, as (in consultation with the Secretary of Labor)
15 the Secretary of the Treasury or the Secretary’s dele-
16 gate may prescribe.
17 (2) DEFINITIONS.—Any term which is used in
18 this section which is also used in section 305 of the
19 Employee Retirement Income Security Act of 1974
20 and section 432 of the Internal Revenue Code of 1986
21 shall have the same meaning as when used in such
22 sections.
23 (c) EFFECTIVE DATE.—This section shall apply to
24 plan years beginning after December 31, 2019.
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1 SEC. 105. ADJUSTMENTS TO FUNDING STANDARD ACCOUNT
2 RULES.
3 (a) ADJUSTMENTS.—
4 (1) AMENDMENT TO EMPLOYEE RETIREMENT IN-
5 COME SECURITY ACT OF 1974.—Section 304(b)(8) of
6 the Employee Retirement Income Security Act of
7 1974 (29 U.S.C. 1084(b)) is amended by adding at
8 the end the following new subparagraph:
9 ‘‘(F) RELIEF FOR 2020 AND 2021.—A multi-
10 employer plan with respect to which the solvency
11 test under subparagraph (C) is met as of Feb-
12 ruary 29, 2020, may elect to apply this para-
13 graph by substituting ‘February 29, 2020’ for
14 ‘August 31, 2008’ each place it appears in sub-
15 paragraphs (A)(i), (B)(i)(I), and (B)(i)(II)
16 (without regard to whether such plan previously
17 elected the application of this paragraph). The
18 preceding sentence shall not apply to a plan
19 with respect to which a partition order is in ef-
20 fect under section 4233A.’’.
21 (2) AMENDMENT TO INTERNAL REVENUE CODE
22 OF 1986.—Section 431(b)(8) of the Internal Revenue
23 Code of 1986 is amended by adding at the end the fol-
24 lowing new subparagraph:
25 ‘‘(F) RELIEF FOR 2020 AND 2021.—A multi-
26 employer plan with respect to which the solvency
•HR 925 EAH
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1 test under subparagraph (C) is met as of Feb-
2 ruary 29, 2020, may elect to apply this para-
3 graph by substituting ‘February 29, 2020’ for
4 ‘August 31, 2008’ each place it appears in sub-
5 paragraphs (A)(i), (B)(i)(I), and (B)(i)(II)
6 (without regard to whether such plan previously
7 elected the application of this paragraph). The
8 preceding sentence shall not apply to a plan
9 with respect to which a partition order is in ef-
10 fect under section 4233A of the Employee Retire-
11 ment Income Security Act of 1974.’’.
12 (b) EFFECTIVE DATES.—
13 (1) IN GENERAL.—The amendments made by
14 this section shall take effect as of the first day of the
15 first plan year ending on or after February 29, 2020,
16 except that any election a plan makes pursuant to
17 this section that affects the plan’s funding standard
18 account for the first plan year beginning after Feb-
19 ruary 29, 2020, shall be disregarded for purposes of
20 applying the provisions of section 305 of the Em-
21 ployee Retirement Income Security Act of 1974 and
22 section 432 of the Internal Revenue Code of 1986 to
23 such plan year.
24 (2) RESTRICTIONS ON BENEFIT INCREASES.—
25 Notwithstanding paragraph (1), the restrictions on
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1 plan amendments increasing benefits in sections
2 304(b)(8)(D) of such Act and 431(b)(8)(D) of such
3 Code, as applied by the amendments made by this
4 section, shall take effect on the date of enactment of
5 this Act.
6 SEC. 106. PBGC GUARANTEE FOR PARTICIPANTS IN MULTI-
7 EMPLOYER PLANS.
8 Section 4022A(c)(1) of the Employee Retirement In-
9 come Security Act of 1974 (29 U.S.C. 1322a(c)(1)) is
10 amended by striking subparagraphs (A) and (B) and in-
11 serting the following:
12 ‘‘(A) 100 percent of the accrual rate up to
13 $15, plus 75 percent of the lesser of—
14 ‘‘(i) $70; or
15 ‘‘(ii) the accrual rate, if any, in excess
16 of $15; and
17 ‘‘(B) the number of the participant’s years
18 of credited service.
19 For each calendar year after the first full calendar
20 year following the date of the enactment of the Emer-
21 gency Pension Plan Relief Act, the accrual rates in
22 subparagraph (A) shall increase by the national aver-
23 age wage index (as defined in section 209(k)(1) of the
24 Social Security Act). For purposes of this subsection,
25 the rates applicable for determining the guaranteed
•HR 925 EAH
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1 benefits of the participants of any plan shall be the
2 rates in effect for the calendar year in which the plan
3 becomes insolvent under section 4245 or the calendar
4 year in which the plan is terminated, if earlier.’’.
5 TITLE II—RELIEF FOR SINGLE
6 EMPLOYER PENSION PLANS
7 SEC. 201. EXTENDED AMORTIZATION FOR SINGLE EM-
8 PLOYER PLANS.
9 (a) 15-YEAR AMORTIZATION UNDER THE INTERNAL
10 REVENUE CODE OF 1986.—Section 430(c) of the Internal
11 Revenue Code of 1986 is amended by adding at the end
12 the following new paragraph:
13 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to
14 plan years beginning after December 31, 2019—
15 ‘‘(A) the shortfall amortization bases for all
16 plan years preceding the first plan year begin-
17 ning after December 31, 2019 (and all shortfall
18 amortization installments determined with re-
19 spect to such bases) shall be reduced to zero, and
20 ‘‘(B) subparagraphs (A) and (B) of para-
21 graph (2) shall each be applied by substituting
22 ‘15-plan-year period’ for ‘7-plan-year period’.’’.
23 (b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE
24 RETIREMENT INCOME SECURITY ACT OF 1974.—Section
25 303(c) of the Employee Retirement Income Security Act of
•HR 925 EAH
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1 1974 (29 U.S.C. 1083(c)) is amended by adding at the end
2 the following new paragraph:
3 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to
4 plan years beginning after December 31, 2019—
5 ‘‘(A) the shortfall amortization bases for all
6 plan years preceding the first plan year begin-
7 ning after December 31, 2019 (and all shortfall
8 amortization installments determined with re-
9 spect to such bases) shall be reduced to zero, and
10 ‘‘(B) subparagraphs (A) and (B) of para-
11 graph (2) shall each be applied by substituting
12 ‘15-plan-year period’ for ‘7-plan-year period’.’’.
13 (c) EFFECTIVE DATE.—The amendments made by this
14 section shall apply to plan years beginning after December
15 31, 2019.
16 SEC. 202. EXTENSION OF PENSION FUNDING STABILIZA-
17 TION PERCENTAGES FOR SINGLE EMPLOYER
18 PLANS.
19 (a) AMENDMENTS TO INTERNAL REVENUE CODE OF
20 1986.—
21 (1) IN GENERAL.—The table contained in sub-
22 clause (II) of section 430(h)(2)(C)(iv) of the Internal
23 Revenue Code of 1986 is amended to read as follows:
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The appli- The appli-
cable min- cable max-
‘‘If the calendar year is: imum per- imum per-
centage is: centage is:
Any year in the period starting in 2012 and ending
in 2019 ........................................................................ 90% 110%
Any year in the period starting in 2020 and ending
in 2025 ........................................................................ 95% 105%
2026 ................................................................................. 90% 110%
2027 ................................................................................. 85% 115%
2028 ................................................................................. 80% 120%
2029 ................................................................................. 75% 125%
After 2029 ....................................................................... 70% 130%.’’.
1 (2) FLOOR ON 25-YEAR AVERAGES.—Subclause
2 (I) of section 430(h)(2)(C)(iv) of such Code is amend-
3 ed by adding at the end the following: ‘‘Notwith-
4 standing anything in this subclause, if the average of
5 the first, second, or third segment rate for any 25-
6 year period is less than 5 percent, such average shall
7 be deemed to be 5 percent.’’.
8 (b) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME
9 SECURITY ACT OF 1974.—
10 (1) IN GENERAL.—The table contained in sub-
11 clause (II) of section 303(h)(2)(C)(iv) of the Employee
12 Retirement Income Security Act of 1974 (29 U.S.C.
13 1083(h)(2)(C)(iv)(II)) is amended to read as follows:
The appli- The appli-
cable min- cable max-
‘‘If the calendar year is: imum per- imum per-
centage is: centage is:
Any year in the period starting in 2012 and ending
in 2019 ........................................................................ 90% 110%
Any year in the period starting in 2020 and ending
in 2025 ........................................................................ 95% 105%
2026 ................................................................................. 90% 110%
2027 ................................................................................. 85% 115%
•HR 925 EAH
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The appli- The appli-
cable min- cable max-
‘‘If the calendar year is: imum per- imum per-
centage is: centage is:
2028 ................................................................................. 80% 120%
2029 ................................................................................. 75% 125%
After 2029 ....................................................................... 70% 130%.’’.
1 (2) CONFORMING AMENDMENTS.—
2 (A) IN GENERAL.—Section 101(f)(2)(D) of
3 such Act (29 U.S.C. 1021(f)(2)(D)) is amend-
4 ed—
5 (i) in clause (i) by striking ‘‘and the
6 Bipartisan Budget Act of 2015’’ both places
7 it appears and inserting ‘‘, the Bipartisan
8 Budget Act of 2015, and the Emergency
9 Pension Plan Relief Act’’, and
10 (ii) in clause (ii) by striking ‘‘2023’’
11 and inserting ‘‘2029’’.
12 (B) STATEMENTS.—The Secretary of Labor
13 shall modify the statements required under sub-
14 clauses (I) and (II) of section 101(f)(2)(D)(i) of
15 such Act to conform to the amendments made by
16 this section.
17 (3) FLOOR ON 25-YEAR AVERAGES.—Subclause
18 (I) of section 303(h)(2)(C)(iv) of such Act (29 U.S.C.
19 1083(h)(2)(C)(iv)(II)) is amended by adding at the
20 end the following: ‘‘Notwithstanding anything in this
21 subclause, if the average of the first, second, or third
•HR 925 EAH
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1 segment rate for any 25-year period is less than 5
2 percent, such average shall be deemed to be 5 per-
3 cent.’’.
4 (c) EFFECTIVE DATE.—The amendments made by this
5 section shall apply with respect to plan years beginning
6 after December 31, 2019.
7 TITLE III—OTHER RETIREMENT
8 RELATED PROVISIONS
9 SEC. 301. WAIVER OF REQUIRED MINIMUM DISTRIBUTIONS
10 FOR 2019.
11 (a) IN GENERAL.—Section 401(a)(9)(I)(i) of the Inter-
12 nal Revenue Code of 1986 is amended by striking ‘‘calendar
13 year 2020’’ and inserting ‘‘calendar years 2019 and 2020’’.
14 (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section
15 402(c)(4) of such Code is amended by striking ‘‘2020’’ each
16 place it appears in the last sentence and inserting ‘‘2019
17 or 2020’’.
18 (c) CONFORMING AMENDMENTS.—Section 401(a)(9)(I)
19 of such Code is amended—
20 (1) by striking clause (ii) and redesignating
21 clause (iii) as clause (ii), and
22 (2) by striking ‘‘calendar year 2020’’ in clause
23 (ii)(II), as so redesignated, and inserting ‘‘calendar
24 years 2019 and 2020’’.
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1 (d) EFFECTIVE DATE.—The amendments made by this
2 section shall take effect as if included in the enactment of
3 section 2203 of the Coronavirus Aid, Relief, and Economic
4 Security Act, except that subparagraph (c)(1) thereof shall
5 be applied by substituting ‘‘December 31, 2018’’ for ‘‘De-
6 cember 31, 2019’’.
7 SEC. 302. WAIVER OF 60-DAY RULE IN CASE OF ROLLOVER
8 OF OTHERWISE REQUIRED MINIMUM DIS-
9 TRIBUTIONS IN 2019 OR 2020.
10 (a) QUALIFIED TRUSTS.—402(c)(3) of the Internal
11 Revenue Code of 1986 is amended by adding at the end
12 the following new subparagraph:
13 ‘‘(D) EXCEPTION FOR ROLLOVER OF OTHER-
14 WISE REQUIRED MINIMUM DISTRIBUTIONS IN
15 2019 OR 2020.—In the case of an eligible roll-
16 over distribution described in the second sentence
17 of paragraph (4), subparagraph (A) shall not
18 apply to any transfer of such distribution made
19 before December 1, 2020.’’.
20 (b) INDIVIDUAL RETIREMENT ACCOUNTS.—Section
21 408(d)(3) of such Code is amended by adding at the end
22 the following new subparagraph:
23 ‘‘(J) WAIVER OF 60-DAY RULE AND ONCE
24 PER-YEAR LIMITATION FOR CERTAIN 2019 AND
25 2020 ROLLOVERS.—In the case of a distribution
•HR 925 EAH
822
1 during 2019 or 2020 to which, under subpara-
2 graph (E), this paragraph would not have ap-
3 plied had the minimum distribution require-
4 ments of section 401(a)(9) applied during such
5 years, the 60-day requirement under subpara-
6 graph (A) and the limitation under subpara-
7 graph (B) shall not apply to such distribution to
8 the extent the amount is paid into an individual
9 retirement account, individual retirement annu-
10 ity (other than an endowment contract), or eligi-
11 ble retirement plan (as defined in subparagraph
12 (A)) as otherwise required under such subpara-
13 graph before December 1, 2020.’’.
14 (c) EFFECTIVE DATE.—The amendments made by this
15 section shall apply to taxable years beginning after Decem-
16 ber 31, 2018.
17 SEC. 303. EXCLUSION OF BENEFITS PROVIDED TO VOLUN-
18 TEER FIREFIGHTERS AND EMERGENCY MED-
19 ICAL RESPONDERS MADE PERMANENT.
20 (a) IN GENERAL.—Section 139B of the Internal Rev-
21 enue Code of 1986 is amended by striking subsection (d).
22 (b) EFFECTIVE DATE.—The amendment made by this
23 section shall apply to taxable years beginning after Decem-
24 ber 31, 2020.
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1 SEC. 304. APPLICATION OF SPECIAL RULES TO MONEY PUR-
2 CHASE PENSION PLANS.
3 Section 2202(a)(6)(B) of the Coronavirus Aid, Relief,
4 and Economic Security Act is amended by inserting ‘‘, and,
5 in the case of a money purchase pension plan, a
6 coronavirus-related distribution which is an in-service
7 withdrawal shall be treated as meeting the distribution
8 rules of section 401(a) of such Code’’ before the period.
9 SEC. 305. GRANTS TO ASSIST LOW-INCOME WOMEN AND
10 SURVIVORS OF DOMESTIC VIOLENCE IN OB-
11 TAINING QUALIFIED DOMESTIC RELATIONS
12 ORDERS.
13 (a) AUTHORIZATION OF GRANT AWARDS.—The Sec-
14 retary of Labor, acting through the Director of the Women’s
15 Bureau and in conjunction with the Assistant Secretary of
16 the Employee Benefits Security Administration, shall
17 award grants, on a competitive basis, to eligible entities to
18 enable such entities to assist low-income women and sur-
19 vivors of domestic violence in obtaining qualified domestic
20 relations orders and ensuring that those women actually ob-
21 tain the benefits to which they are entitled through those
22 orders.
23 (b) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
24 tion, the term ‘‘eligible entity’’ means a community-based
25 organization with proven experience and expertise in serv-
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824
1 ing women and the financial and retirement needs of
2 women.
3 (c) APPLICATION.—An eligible entity that desires to re-
4 ceive a grant under this section shall submit an application
5 to the Secretary of Labor at such time, in such manner,
6 and accompanied by such information as the Secretary of
7 Labor may require.
8 (d) MINIMUM GRANT AMOUNT.—The Secretary of
9 Labor shall award grants under this section in amounts
10 of not less than $250,000.
11 (e) USE OF FUNDS.—An eligible entity that receives
12 a grant under this section shall use the grant funds to de-
13 velop programs to offer help to low-income women or sur-
14 vivors of domestic violence who need assistance in pre-
15 paring, obtaining, and effectuating a qualified domestic re-
16 lations order.
17 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
18 authorized to be appropriated to carry out this section
19 $100,000,000 for fiscal year 2020 and each succeeding fiscal
20 year.
21 SEC. 306. MODIFICATION OF SPECIAL RULES FOR MINIMUM
22 FUNDING STANDARDS FOR COMMUNITY
23 NEWSPAPER PLANS.
24 (a) AMENDMENT TO INTERNAL REVENUE CODE OF
25 1986.—Subsection (m) of section 430 of the Internal Rev-
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825
1 enue Code of 1986, as added by the Setting Every Commu-
2 nity Up for Retirement Enhancement Act of 2019, is
3 amended to read as follows:
4 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER
5 PLANS.—
6 ‘‘(1) IN GENERAL.—An eligible newspaper plan
7 sponsor of a plan under which no participant has
8 had the participant’s accrued benefit increased
9 (whether because of service or compensation) after
10 April 2, 2019, may elect to have the alternative
11 standards described in paragraph (4) apply to such
12 plan.
13 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.—
14 The term ‘eligible newspaper plan sponsor’ means the
15 plan sponsor of—
16 ‘‘(A) any community newspaper plan, or
17 ‘‘(B) any other plan sponsored, as of April
18 2, 2019, by a member of the same controlled
19 group of a plan sponsor of a community news-
20 paper plan if such member is in the trade or
21 business of publishing 1 or more newspapers.
22 ‘‘(3) ELECTION.—An election under paragraph
23 (1) shall be made at such time and in such manner
24 as prescribed by the Secretary. Such election, once
25 made with respect to a plan year, shall apply to all
•HR 925 EAH
826
1 subsequent plan years unless revoked with the consent
2 of the Secretary.
3 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-
4 ARDS.—The alternative standards described in this
5 paragraph are the following:
6 ‘‘(A) INTEREST RATES.—
7 ‘‘(i) IN GENERAL.—Notwithstanding
8 subsection (h)(2)(C) and except as provided
9 in clause (ii), the first, second, and third
10 segment rates in effect for any month for
11 purposes of this section shall be 8 percent.
12 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not-
13 withstanding subsection (h)(2), for purposes
14 of determining the funding target and nor-
15 mal cost of a plan for any plan year, the
16 present value of any benefits accrued or
17 earned under the plan for a plan year with
18 respect to which an election under para-
19 graph (1) is in effect shall be determined on
20 the basis of the United States Treasury obli-
21 gation yield curve for the day that is the
22 valuation date of such plan for such plan
23 year.
24 ‘‘(iii) UNITED STATES TREASURY OBLI-
25 GATION YIELD CURVE.—For purposes of this
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1 subsection, the term ‘United States Treas-
2 ury obligation yield curve’ means, with re-
3 spect to any day, a yield curve which shall
4 be prescribed by the Secretary for such day
5 on interest-bearing obligations of the United
6 States.
7 ‘‘(B) SHORTFALL AMORTIZATION BASE.—
8 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA-
9 TION BASES.—The shortfall amortization
10 bases determined under subsection (c)(3) for
11 all plan years preceding the first plan year
12 to which the election under paragraph (1)
13 applies (and all shortfall amortization in-
14 stallments determined with respect to such
15 bases) shall be reduced to zero under rules
16 similar to the rules of subsection (c)(6).
17 ‘‘(ii) NEW SHORTFALL AMORTIZATION
18 BASE.—Notwithstanding subsection (c)(3),
19 the shortfall amortization base for the first
20 plan year to which the election under para-
21 graph (1) applies shall be the funding short-
22 fall of such plan for such plan year (deter-
23 mined using the interest rates as modified
24 under subparagraph (A)).
•HR 925 EAH
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1 ‘‘(C) DETERMINATION OF SHORTFALL AM-
2 ORTIZATION INSTALLMENTS.—
3 ‘‘(i) 30-YEAR PERIOD.—Subparagraphs
4 (A) and (B) of subsection (c)(2) shall be ap-
5 plied by substituting ‘30-plan-year’ for ‘7-
6 plan-year’ each place it appears.
7 ‘‘(ii) NO SPECIAL ELECTION.—The
8 election under subparagraph (D) of sub-
9 section (c)(2) shall not apply to any plan
10 year to which the election under paragraph
11 (1) applies.
12 ‘‘(D) EXEMPTION FROM AT-RISK TREAT-
13 MENT.—Subsection (i) shall not apply.
14 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur-
15 poses of this subsection—
16 ‘‘(A) IN GENERAL.—The term ‘community
17 newspaper plan’ means any plan to which this
18 section applies maintained as of December 31,
19 2018, by an employer which—
20 ‘‘(i) maintains the plan on behalf of
21 participants and beneficiaries with respect
22 to employment in the trade or business of
23 publishing 1 or more newspapers which
24 were published by the employer at any time
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1 during the 11-year period ending on the
2 date of the enactment of this subsection,
3 ‘‘(ii)(I) is not a company the stock of
4 which is publicly traded (on a stock ex-
5 change or in an over-the-counter market),
6 and is not controlled, directly or indirectly,
7 by such a company, or
8 ‘‘(II) is controlled, directly or indi-
9 rectly, during the entire 30-year period end-
10 ing on the date of the enactment of this sub-
11 section by individuals who are members of
12 the same family, and does not publish or
13 distribute a daily newspaper that is car-
14 rier-distributed in printed form in more
15 than 5 States, and
16 ‘‘(iii) is controlled, directly or indi-
17 rectly—
18 ‘‘(I) by 1 or more persons residing
19 primarily in a State in which the
20 community newspaper has been pub-
21 lished on newsprint or carrier-distrib-
22 uted,
23 ‘‘(II) during the entire 30-year
24 period ending on the date of the enact-
•HR 925 EAH
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1 ment of this subsection by individuals
2 who are members of the same family,
3 ‘‘(III) by 1 or more trusts, the sole
4 trustees of which are persons described
5 in subclause (I) or (II), or
6 ‘‘(IV) by a combination of persons
7 described in subclause (I), (II), or
8 (III).
9 ‘‘(B) NEWSPAPER.—The term ‘newspaper’
10 does not include any newspaper (determined
11 without regard to this subparagraph) to which
12 any of the following apply:
13 ‘‘(i) Is not in general circulation.
14 ‘‘(ii) Is published (on newsprint or
15 electronically) less frequently than 3 times
16 per week.
17 ‘‘(iii) Has not ever been regularly pub-
18 lished on newsprint.
19 ‘‘(iv) Does not have a bona fide list of
20 paid subscribers.
21 ‘‘(C) CONTROL.—A person shall be treated
22 as controlled by another person if such other per-
23 son possesses, directly or indirectly, the power to
24 direct or cause the direction and management of
25 such person (including the power to elect a ma-
•HR 925 EAH
831
1 jority of the members of the board of directors of
2 such person) through the ownership of voting se-
3 curities.
4 ‘‘(6) CONTROLLED GROUP.—For purposes of this
5 subsection, the term ‘controlled group’ means all per-
6 sons treated as a single employer under subsection
7 (b), (c), (m), or (o) of section 414 as of the date of
8 the enactment of this subsection.’’.
9 (b) AMENDMENT TO EMPLOYEE RETIREMENT INCOME
10 SECURITY ACT OF 1974.—Subsection (m) of section 303 of
11 the Employee Retirement Income Security Act of 1974 (29
12 U.S.C. 1083(m)), as added by the Setting Every Commu-
13 nity Up for Retirement Enhancement Act of 2019, is
14 amended to read as follows:
15 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER
16 PLANS.—
17 ‘‘(1) IN GENERAL.—An eligible newspaper plan
18 sponsor of a plan under which no participant has
19 had the participant’s accrued benefit increased
20 (whether because of service or compensation) after
21 April 2, 2019, may elect to have the alternative
22 standards described in paragraph (4) apply to such
23 plan.
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1 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.—
2 The term ‘eligible newspaper plan sponsor’ means the
3 plan sponsor of—
4 ‘‘(A) any community newspaper plan, or
5 ‘‘(B) any other plan sponsored, as of April
6 2, 2019, by a member of the same controlled
7 group of a plan sponsor of a community news-
8 paper plan if such member is in the trade or
9 business of publishing 1 or more newspapers.
10 ‘‘(3) ELECTION.—An election under paragraph
11 (1) shall be made at such time and in such manner
12 as prescribed by the Secretary of the Treasury. Such
13 election, once made with respect to a plan year, shall
14 apply to all subsequent plan years unless revoked
15 with the consent of the Secretary of the Treasury.
16 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-
17 ARDS.—The alternative standards described in this
18 paragraph are the following:
19 ‘‘(A) INTEREST RATES.—
20 ‘‘(i) IN GENERAL.—Notwithstanding
21 subsection (h)(2)(C) and except as provided
22 in clause (ii), the first, second, and third
23 segment rates in effect for any month for
24 purposes of this section shall be 8 percent.
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1 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not-
2 withstanding subsection (h)(2), for purposes
3 of determining the funding target and nor-
4 mal cost of a plan for any plan year, the
5 present value of any benefits accrued or
6 earned under the plan for a plan year with
7 respect to which an election under para-
8 graph (1) is in effect shall be determined on
9 the basis of the United States Treasury obli-
10 gation yield curve for the day that is the
11 valuation date of such plan for such plan
12 year.
13 ‘‘(iii) UNITED STATES TREASURY OBLI-
14 GATION YIELD CURVE.—For purposes of this
15 subsection, the term ‘United States Treas-
16 ury obligation yield curve’ means, with re-
17 spect to any day, a yield curve which shall
18 be prescribed by the Secretary of the Treas-
19 ury for such day on interest-bearing obliga-
20 tions of the United States.
21 ‘‘(B) SHORTFALL AMORTIZATION BASE.—
22 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA-
23 TION BASES.—The shortfall amortization
24 bases determined under subsection (c)(3) for
25 all plan years preceding the first plan year
•HR 925 EAH
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1 to which the election under paragraph (1)
2 applies (and all shortfall amortization in-
3 stallments determined with respect to such
4 bases) shall be reduced to zero under rules
5 similar to the rules of subsection (c)(6).
6 ‘‘(ii) NEW SHORTFALL AMORTIZATION
7 BASE.—Notwithstanding subsection (c)(3),
8 the shortfall amortization base for the first
9 plan year to which the election under para-
10 graph (1) applies shall be the funding short-
11 fall of such plan for such plan year (deter-
12 mined using the interest rates as modified
13 under subparagraph (A)).
14 ‘‘(C) DETERMINATION OF SHORTFALL AM-
15 ORTIZATION INSTALLMENTS.—
16 ‘‘(i) 30-YEAR PERIOD.—Subparagraphs
17 (A) and (B) of subsection (c)(2) shall be ap-
18 plied by substituting ‘30-plan-year’ for ‘7-
19 plan-year’ each place it appears.
20 ‘‘(ii) NO SPECIAL ELECTION.—The
21 election under subparagraph (D) of sub-
22 section (c)(2) shall not apply to any plan
23 year to which the election under paragraph
24 (1) applies.
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1 ‘‘(D) EXEMPTION FROM AT-RISK TREAT-
2 MENT.—Subsection (i) shall not apply.
3 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur-
4 poses of this subsection—
5 ‘‘(A) IN GENERAL.—The term ‘community
6 newspaper plan’ means a plan to which this sec-
7 tion applies maintained as of December 31,
8 2018, by an employer which—
9 ‘‘(i) maintains the plan on behalf of
10 participants and beneficiaries with respect
11 to employment in the trade or business of
12 publishing 1 or more newspapers which
13 were published by the employer at any time
14 during the 11-year period ending on the
15 date of the enactment of this subsection,
16 ‘‘(ii)(I) is not a company the stock of
17 which is publicly traded (on a stock ex-
18 change or in an over-the-counter market),
19 and is not controlled, directly or indirectly,
20 by such a company, or
21 ‘‘(II) is controlled, directly, or indi-
22 rectly, during the entire 30-year period end-
23 ing on the date of the enactment of this sub-
24 section by individuals who are members of
25 the same family, and does not publish or
•HR 925 EAH
836
1 distribute a daily newspaper that is car-
2 rier-distributed in printed form in more
3 than 5 States, and
4 ‘‘(iii) is controlled, directly, or indi-
5 rectly—
6 ‘‘(I) by 1 or more persons residing
7 primarily in a State in which the
8 community newspaper has been pub-
9 lished on newsprint or carrier-distrib-
10 uted,
11 ‘‘(II) during the entire 30-year
12 period ending on the date of the enact-
13 ment of this subsection by individuals
14 who are members of the same family,
15 ‘‘(III) by 1 or more trusts, the sole
16 trustees of which are persons described
17 in subclause (I) or (II), or
18 ‘‘(IV) by a combination of persons
19 described in subclause (I), (II), or
20 (III).
21 ‘‘(B) NEWSPAPER.—The term ‘newspaper’
22 does not include any newspaper (determined
23 without regard to this subparagraph) to which
24 any of the following apply:
25 ‘‘(i) Is not in general circulation.
•HR 925 EAH
837
1 ‘‘(ii) Is published (on newsprint or
2 electronically) less frequently than 3 times
3 per week.
4 ‘‘(iii) Has not ever been regularly pub-
5 lished on newsprint.
6 ‘‘(iv) Does not have a bona fide list of
7 paid subscribers.
8 ‘‘(C) CONTROL.—A person shall be treated
9 as controlled by another person if such other per-
10 son possesses, directly or indirectly, the power to
11 direct or cause the direction and management of
12 such person (including the power to elect a ma-
13 jority of the members of the board of directors of
14 such person) through the ownership of voting se-
15 curities.
16 ‘‘(6) CONTROLLED GROUP.—For purposes of this
17 subsection, the term ‘controlled group’ means all per-
18 sons treated as a single employer under subsection
19 (b), (c), (m), or (o) of section 414 of the Internal Rev-
20 enue Code of 1986 as of the date of the enactment of
21 this subsection.
22 ‘‘(7) EFFECT ON PREMIUM RATE CALCULA-
23 TION.—Notwithstanding any other provision of law
24 or any regulation issued by the Pension Benefit
25 Guaranty Corporation, in the case of a plan for
•HR 925 EAH
838
1 which an election is made to apply the alternative
2 standards described in paragraph (3), the additional
3 premium under section 4006(a)(3)(E) shall be deter-
4 mined as if such election had not been made.’’.
5 (c) EFFECTIVE DATE.—The amendments made by this
6 section shall apply to plan years ending after December 31,
7 2017.
8 SEC. 307. MINIMUM RATE OF INTEREST FOR CERTAIN DE-
9 TERMINATIONS RELATED TO LIFE INSUR-
10 ANCE CONTRACTS.
11 (a) MODIFICATION OF MINIMUM RATE FOR PURPOSES
12 OF CASH VALUE ACCUMULATION TEST.—
13 (1) IN GENERAL.—Section 7702(b)(2)(A) of the
14 Internal Revenue Code of 1986 is amended by strik-
15 ing ‘‘an annual effective rate of 4 percent’’ and in-
16 serting ‘‘the applicable accumulation test minimum
17 rate’’.
18 (2) APPLICABLE ACCUMULATION TEST MINIMUM
19 RATE.—Section 7702(b) of such Code is amended by
20 adding at the end the following new paragraph:
21 ‘‘(3) APPLICABLE ACCUMULATION TEST MINIMUM
22 RATE.—For purposes of paragraph (2)(A), the term
23 ‘applicable accumulation test minimum rate’ means
24 the lesser of—
•HR 925 EAH
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1 ‘‘(A) an annual effective rate of 4 percent,
2 or
3 ‘‘(B) the insurance interest rate (as defined
4 in subsection (f)(11)) in effect at the time the
5 contract is issued.’’.
6 (b) MODIFICATION OF MINIMUM RATE FOR PURPOSES
7 OF GUIDELINE PREMIUM REQUIREMENTS.—
8 (1) IN GENERAL.—Section 7702(c)(3)(B)(iii) of
9 such Code is amended by striking ‘‘an annual effec-
10 tive rate of 6 percent’’ and inserting ‘‘the applicable
11 guideline premium minimum rate’’.
12 (2) APPLICABLE GUIDELINE PREMIUM MINIMUM
13 RATE.—Section 7702(c)(3) of such Code is amended
14 by adding at the end the following new subparagraph:
15 ‘‘(E) APPLICABLE GUIDELINE PREMIUM
16 MINIMUM RATE.—For purposes of subparagraph
17 (B)(iii), the term ‘applicable guideline premium
18 minimum rate’ means the applicable accumula-
19 tion test minimum rate (as defined in subsection
20 (b)(3)) plus 2 percentage points.’’.
21 (c) APPLICATION OF MODIFIED MINIMUM RATES TO
22 DETERMINATION OF GUIDELINE LEVEL PREMIUM.—Sec-
23 tion 7702(c)(4) of such Code is amended—
24 (1) by striking ‘‘4 percent’’ and inserting ‘‘the
25 applicable accumulation test minimum rate’’, and
•HR 925 EAH
840
1 (2) by striking ‘‘6 percent’’ and inserting ‘‘the
2 applicable guideline premium minimum rate’’.
3 (d) INSURANCE INTEREST RATE.—Section 7702(f) of
4 such Code is amended by adding at the end the following
5 new paragraph:
6 ‘‘(11) INSURANCE INTEREST RATE.—For pur-
7 poses of this section—
8 ‘‘(A) IN GENERAL.—The term ‘insurance in-
9 terest rate’ means, with respect to any contract
10 issued in any calendar year, the lesser of—
11 ‘‘(i) the section 7702 valuation interest
12 rate for such calendar year (or, if such cal-
13 endar year is not an adjustment year, the
14 most recent adjustment year), or
15 ‘‘(ii) the section 7702 applicable Fed-
16 eral interest rate for such calendar year (or,
17 if such calendar year is not an adjustment
18 year, the most recent adjustment year).
19 ‘‘(B) SECTION 7702 VALUATION INTEREST
20 RATE.—The term ‘section 7702 valuation interest
21 rate’ means, with respect to any adjustment
22 year, the prescribed U.S. valuation interest rate
23 for life insurance with guaranteed durations of
24 more than 20 years (as defined in the National
25 Association of Insurance Commissioners’ Stand-
•HR 925 EAH
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1 ard Valuation Law) as effective in the calendar
2 year immediately preceding such adjustment
3 year.
4 ‘‘(C) SECTION 7702 APPLICABLE FEDERAL
5 INTEREST RATE.—The term ‘section 7702 appli-
6 cable Federal interest rate’ means, with respect
7 to any adjustment year, the average (rounded to
8 the nearest whole percentage point) of the appli-
9 cable Federal mid-term rates (as defined in sec-
10 tion 1274(d) but based on annual compounding)
11 effective as of the beginning of each of the cal-
12 endar months in the most recent 60-month pe-
13 riod ending before the second calendar year prior
14 to such adjustment year.
15 ‘‘(D) ADJUSTMENT YEAR.—The term ‘ad-
16 justment year’ means the calendar year following
17 any calendar year that includes the effective date
18 of a change in the prescribed U.S. valuation in-
19 terest rate for life insurance with guaranteed du-
20 rations of more than 20 years (as defined in the
21 National Association of Insurance Commis-
22 sioners’ Standard Valuation Law).
23 ‘‘(E) TRANSITION RULE.—Notwithstanding
24 subparagraph (A), the insurance interest rate
•HR 925 EAH
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1 shall be 2 percent in the case of any contract
2 which is issued during the period that—
3 ‘‘(i) begins on January 1, 2021, and
4 ‘‘(ii) ends immediately before the be-
5 ginning of the first adjustment year that
6 beings after December 31, 2021.’’.
7 (e) EFFECTIVE DATE.—The amendments made by this
8 section shall apply to contracts issued after December 31,
9 2020.
10 DIVISION H—GIVING RETIRE-
11 MENT OPTIONS TO WORKERS
12 ACT
13 SEC. 101. SHORT TITLE, ETC.
14 (a) SHORT TITLE.—This division may be cited as the
15 ‘‘Giving Retirement Options to Workers Act of 2020’’ or the
16 ‘‘GROW Act’’.
17 (b) TABLE OF CONTENTS.—The table of contents for
18 this division is as follows:
Sec. 101. Short title, etc.
Sec. 102. Composite plans.
Sec. 103. Application of certain requirements to composite plans.
Sec. 104. Treatment of composite plans under title IV.
Sec. 105. Conforming changes.
Sec. 106. Effective date.
19 SEC. 102. COMPOSITE PLANS.
20 (a) AMENDMENT TO THE EMPLOYEE RETIREMENT IN-
21 COME SECURITY ACT OF 1974.—
•HR 925 EAH
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1 (1) IN GENERAL.—Title I of the Employee Re-
2 tirement Income Security Act of 1974 (29 U.S.C.
3 1001 et seq.) is amended by adding at the end the fol-
4 lowing:
5 ‘‘PART 8—COMPOSITE PLANS AND LEGACY PLANS
6 ‘‘SEC. 801. COMPOSITE PLAN DEFINED.
7 ‘‘(a) IN GENERAL.—For purposes of this Act, the term
8 ‘composite plan’ means a pension plan—
9 ‘‘(1) which is a multiemployer plan that is nei-
10 ther a defined benefit plan nor a defined contribution
11 plan;
12 ‘‘(2) the terms of which provide that the plan is
13 a composite plan for purposes of this title with re-
14 spect to which not more than one multiemployer de-
15 fined benefit plan is treated as a legacy plan within
16 the meaning of section 805, unless there is more than
17 one legacy plan following a merger of composite plans
18 under section 806;
19 ‘‘(3) which provides systematically for the pay-
20 ment of benefits—
21 ‘‘(A) objectively calculated pursuant to a
22 formula enumerated in the plan document with
23 respect to plan participants after retirement, for
24 life; and
•HR 925 EAH
844
1 ‘‘(B) in the form of life annuities, except for
2 benefits which under section 203(e) may be im-
3 mediately distributed without the consent of the
4 participant;
5 ‘‘(4) for which the plan contributions for the first
6 plan year are at least 120 percent of the normal cost
7 for the plan year;
8 ‘‘(5) which requires—
9 ‘‘(A) an annual valuation of the liability of
10 the plan as of a date within the plan year to
11 which the valuation refers or within one month
12 prior to the beginning of such year;
13 ‘‘(B) an annual actuarial determination of
14 the plan’s current funded ratio and projected
15 funded ratio under section 802(a);
16 ‘‘(C) corrective action through a realign-
17 ment program pursuant to section 803 whenever
18 the plan’s projected funded ratio is below 120
19 percent for the plan year; and
20 ‘‘(D) an annual notification to each partici-
21 pant describing the participant’s benefits under
22 the plan and explaining that such benefits may
23 be subject to reduction under a realignment pro-
24 gram pursuant to section 803 based on the plan’s
25 funded status in future plan years; and
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1 ‘‘(6) the board of trustees of which includes at
2 least one retiree or beneficiary in pay status during
3 each plan year following the first plan year in which
4 at least 5 percent of the participants in the plan are
5 retirees or beneficiaries in pay status.
6 ‘‘(b) TRANSITION FROM A MULTIEMPLOYER DEFINED
7 BENEFIT PLAN.—
8 ‘‘(1) IN GENERAL.—The plan sponsor of a de-
9 fined benefit plan that is a multiemployer plan may,
10 subject to paragraph (2), amend the plan to incor-
11 porate the features of a composite plan as a compo-
12 nent of the multiemployer plan separate from the de-
13 fined benefit plan component, except in the case of a
14 defined benefit plan for which the plan actuary has
15 certified under section 305(b)(3) that the plan is or
16 will be in critical status for the plan year in which
17 such amendment would become effective or for any of
18 the succeeding 5 plan years.
19 ‘‘(2) REQUIREMENTS.—Any amendment pursu-
20 ant to paragraph (1) to incorporate the features of a
21 composite plan as a component of a multiemployer
22 plan shall—
23 ‘‘(A) apply with respect to all collective bar-
24 gaining agreements providing for contributions
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1 to the multiemployer plan on or after the effec-
2 tive date of the amendment;
3 ‘‘(B) apply with respect to all participants
4 in the multiemployer plan for whom contribu-
5 tions are made to the multiemployer plan on or
6 after the effective date of the amendment;
7 ‘‘(C) specify that the effective date of the
8 amendment is—
9 ‘‘(i) the first day of a specified plan
10 year following the date of the adoption of
11 the amendment, except that the plan spon-
12 sor may alternatively provide for a separate
13 effective date with respect to each collective
14 bargaining agreement under which con-
15 tributions to the multiemployer plan are re-
16 quired, which shall occur on the first day of
17 the first plan year beginning after the ter-
18 mination, or if earlier, the re-opening, of
19 each such agreement, or such earlier date as
20 the parties to the agreement and the plan
21 sponsor of the multiemployer plan shall
22 agree to; and
23 ‘‘(ii) not later than the first day of the
24 fifth plan year beginning on or after the
25 date of the adoption of the amendment;
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1 ‘‘(D) specify that, as of the amendment’s ef-
2 fective date, no further benefits shall accrue
3 under the defined benefit component of the multi-
4 employer plan; and
5 ‘‘(E) specify that, as of the amendment’s ef-
6 fective date, the plan sponsor of the multiem-
7 ployer plan shall be the plan sponsor of both the
8 composite plan component and the defined ben-
9 efit plan component of the plan.
10 ‘‘(3) SPECIAL RULES.—If a multiemployer plan
11 is amended pursuant to paragraph (1)—
12 ‘‘(A) the requirements of this title and title
13 IV shall be applied to the composite plan compo-
14 nent and the defined benefit plan component of
15 the multiemployer plan as if each such compo-
16 nent were maintained as a separate plan; and
17 ‘‘(B) the assets of the composite plan compo-
18 nent and the defined benefit plan component of
19 the plan shall be held in a single trust forming
20 part of the plan under which the trust instru-
21 ment expressly provides—
22 ‘‘(i) for separate accounts (and appro-
23 priate records) to be maintained to reflect
24 the interest which each of the plan compo-
25 nents has in the trust, including separate
•HR 925 EAH
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1 accounting for additions to the trust for the
2 benefit of each plan component, disburse-
3 ments made from each plan component’s ac-
4 count in the trust, investment experience of
5 the trust allocable to that account, and ad-
6 ministrative expenses (whether direct ex-
7 penses or shared expenses allocated propor-
8 tionally), and permits, but does not require,
9 the pooling of some or all of the assets of the
10 two plan components for investment pur-
11 poses; and
12 ‘‘(ii) that the assets of each of the two
13 plan components shall be held, invested, re-
14 invested, managed, administered and dis-
15 tributed for the exclusive benefit of the par-
16 ticipants and beneficiaries of each such
17 plan component, and in no event shall the
18 assets of one of the plan components be
19 available to pay benefits due under the
20 other plan component.
21 ‘‘(4) NOT A TERMINATION EVENT.—Notwith-
22 standing section 4041A, an amendment pursuant to
23 paragraph (1) to incorporate the features of a com-
24 posite plan as a component of a multiemployer plan
•HR 925 EAH
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1 does not constitute termination of the multiemployer
2 plan.
3 ‘‘(5) NOTICE TO THE SECRETARY.—
4 ‘‘(A) NOTICE.—The plan sponsor of a com-
5 posite plan shall provide notice to the Secretary
6 of the intent to establish the composite plan (or,
7 in the case of a composite plan incorporated as
8 a component of a multiemployer plan as de-
9 scribed in paragraph (1), the intent to amend
10 the multiemployer plan to incorporate such com-
11 posite plan) at least 30 days prior to the effective
12 date of such establishment or amendment.
13 ‘‘(B) CERTIFICATION.—In the case of a
14 composite plan incorporated as a component of
15 a multiemployer plan as described in paragraph
16 (1), such notice shall include a certification by
17 the plan actuary under section 305(b)(3) that the
18 effective date of the amendment occurs in a plan
19 year for which the multiemployer plan is not in
20 critical status for that plan year and any of the
21 succeeding 5 plan years.
22 ‘‘(6) REFERENCES TO COMPOSITE PLAN COMPO-
23 NENT.—As used in this part, the term ‘composite
24 plan’ includes a composite plan component added to
25 a defined benefit plan pursuant to paragraph (1).
•HR 925 EAH
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1 ‘‘(7) RULE OF CONSTRUCTION.—Paragraph
2 (2)(A) shall not be construed as preventing the plan
3 sponsor of a multiemployer plan from adopting an
4 amendment pursuant to paragraph (1) because some
5 collective bargaining agreements are amended to cease
6 any covered employer’s obligation to contribute to the
7 multiemployer plan before or after the plan amend-
8 ment is effective. Paragraph (2)(B) shall not be con-
9 strued as preventing the plan sponsor of a multiem-
10 ployer plan from adopting an amendment pursuant
11 to paragraph (1) because some participants cease to
12 have contributions made to the multiemployer plan
13 on their behalf before or after the plan amendment is
14 effective.
15 ‘‘(c) COORDINATION WITH FUNDING RULES.—Except
16 as otherwise provided in this title, sections 302, 304, and
17 305 shall not apply to a composite plan.
18 ‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur-
19 poses of this Act (other than sections 302 and 4245), a com-
20 posite plan shall be treated as if it were a defined benefit
21 plan unless a different treatment is provided for under ap-
22 plicable law.
23 ‘‘SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS.
24 ‘‘(a) CERTIFICATION OF FUNDED RATIOS.—
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1 ‘‘(1) IN GENERAL.—Not later than the one-hun-
2 dred twentieth day of each plan year of a composite
3 plan, the plan actuary of the composite plan shall
4 certify to the Secretary, the Secretary of the Treasury,
5 and the plan sponsor the plan’s current funded ratio
6 and projected funded ratio for the plan year.
7 ‘‘(2) DETERMINATION OF CURRENT FUNDED
8 RATIO AND PROJECTED FUNDED RATIO.—For pur-
9 poses of this section:
10 ‘‘(A) CURRENT FUNDED RATIO.—The cur-
11 rent funded ratio is the ratio (expressed as a
12 percentage) of—
13 ‘‘(i) the value of the plan’s assets as of
14 the first day of the plan year; to
15 ‘‘(ii) the plan actuary’s best estimate of
16 the present value of the plan liabilities as of
17 the first day of the plan year.
18 ‘‘(B) PROJECTED FUNDED RATIO.—The pro-
19 jected funded ratio is the current funded ratio
20 projected to the first day of the fifteenth plan
21 year following the plan year for which the deter-
22 mination is being made.
23 ‘‘(3) CONSIDERATION OF CONTRIBUTION RATE
24 INCREASES.—For purposes of projections under this
25 subsection, the plan sponsor may anticipate contribu-
•HR 925 EAH
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1 tion rate increases beyond the term of the current col-
2 lective bargaining agreement and any agreed-to sup-
3 plements, up to a maximum of 2.5 percent per year,
4 compounded annually, unless it would be unreason-
5 able under the circumstances to assume that contribu-
6 tions would increase by that amount.
7 ‘‘(b) ACTUARIAL ASSUMPTIONS AND METHODS.—For
8 purposes of this part:
9 ‘‘(1) IN GENERAL.—All costs, liabilities, rates of
10 interest and other factors under the plan shall be de-
11 termined for a plan year on the basis of actuarial as-
12 sumptions and methods—
13 ‘‘(A) each of which is reasonable (taking
14 into account the experience of the plan and rea-
15 sonable expectations);
16 ‘‘(B) which, in combination, offer the actu-
17 ary’s best estimate of anticipated experience
18 under the plan; and
19 ‘‘(C) with respect to which any change from
20 the actuarial assumptions and methods used in
21 the previous plan year shall be certified by the
22 plan actuary and the actuarial rationale for
23 such change provided in the annual report re-
24 quired by section 103.
•HR 925 EAH
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1 ‘‘(2) FAIR MARKET VALUE OF ASSETS.—The
2 value of the plan’s assets shall be taken into account
3 on the basis of their fair market value.
4 ‘‘(3) DETERMINATION OF NORMAL COST AND
5 PLAN LIABILITIES.—A plan’s normal cost and liabil-
6 ities shall be based on the most recent actuarial valu-
7 ation required under section 801(a)(5)(A) and the
8 unit credit funding method.
9 ‘‘(4) TIME WHEN CERTAIN CONTRIBUTIONS
10 DEEMED MADE.—Any contributions for a plan year
11 made by an employer after the last day of such plan
12 year, but not later than two and one-half months
13 after such day, shall be deemed to have been made on
14 such last day. For purposes of this paragraph, such
15 two and one-half month period may be extended for
16 not more than six months under regulations pre-
17 scribed by the Secretary of the Treasury.
18 ‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.—
19 Except where otherwise provided in this part, the pro-
20 visions of section 305(b)(3)(B) shall apply to any de-
21 termination or projection under this part.
22 ‘‘SEC. 803. REALIGNMENT PROGRAM.
23 ‘‘(a) REALIGNMENT PROGRAM.—
24 ‘‘(1) ADOPTION.—In any case in which the plan
25 actuary certifies under section 802(a) that the plan’s
•HR 925 EAH
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1 projected funded ratio is below 120 percent for the
2 plan year, the plan sponsor shall adopt a realignment
3 program under paragraph (2) not later than 210
4 days after the due date of the certification required
5 under such section 802(a). The plan sponsor shall
6 adopt an updated realignment program for each suc-
7 ceeding plan year for which a certification described
8 in the preceding sentence is made.
9 ‘‘(2) CONTENT OF REALIGNMENT PROGRAM.—
10 ‘‘(A) IN GENERAL.—A realignment program
11 adopted under this paragraph is a written pro-
12 gram which consists of all reasonable measures,
13 including options or a range of options to be un-
14 dertaken by the plan sponsor or proposed to the
15 bargaining parties, formulated, based on reason-
16 ably anticipated experience and reasonable actu-
17 arial assumptions, to enable the plan to achieve
18 a projected funded ratio of at least 120 percent
19 for the following plan year.
20 ‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea-
21 sonable measures under a realignment program
22 described in subparagraph (A) may include any
23 of the following:
24 ‘‘(i) Proposed contribution increases.
•HR 925 EAH
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1 ‘‘(ii) A reduction in the rate of future
2 benefit accruals, so long as the resulting
3 rate is not less than 1 percent of the con-
4 tributions on which benefits are based as of
5 the start of the plan year (or the equivalent
6 standard accrual rate as described in sec-
7 tion 305(e)(6)).
8 ‘‘(iii) A modification or elimination of
9 adjustable benefits of participants that are
10 not in pay status before the date of the no-
11 tice required under subsection (b)(1).
12 ‘‘(iv) Any other lawfully available
13 measures not specifically described in this
14 subparagraph or subparagraph (C) or (D)
15 that the plan sponsor determines are rea-
16 sonable.
17 ‘‘(C) ADDITIONAL PROGRAM ELEMENTS.—If
18 the plan sponsor has determined that all reason-
19 able measures available under subparagraph (B)
20 will not enable the plan to achieve a projected
21 funded ratio of at least 120 percent for the fol-
22 lowing plan year, such reasonable measures may
23 also include—
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1 ‘‘(i) a reduction of accrued benefits
2 that are not in pay status by the date of the
3 notice required under subsection (b)(1); or
4 ‘‘(ii) a reduction of any benefits of
5 participants that are in pay status before
6 the date of the notice required under sub-
7 section (b)(1) other than core benefits as de-
8 fined in paragraph (4).
9 ‘‘(D) ADDITIONAL REDUCTIONS.—In the
10 case of a composite plan for which the plan
11 sponsor has determined that all reasonable meas-
12 ures available under subparagraphs (B) and (C)
13 will not enable the plan to achieve a projected
14 funded ratio of at least 120 percent for the fol-
15 lowing plan year, such reasonable measures may
16 also include—
17 ‘‘(i) a further reduction in the rate of
18 future benefit accruals without regard to the
19 limitation applicable under subparagraph
20 (B)(ii); or
21 ‘‘(ii) a reduction of core benefits;
22 provided that such reductions shall be equitably
23 distributed across the participant and bene-
24 ficiary population, taking into account factors,
25 with respect to participants and beneficiaries
•HR 925 EAH
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1 and their benefits, that may include one or more
2 of the factors listed in subclauses (I) through (X)
3 of section 305(e)(9)(D)(vi), to the extent nec-
4 essary to enable the plan to achieve a projected
5 funded ratio of at least 120 percent for the fol-
6 lowing plan year, or at the election of the plan
7 sponsor, a projected funded ratio of at least 100
8 percent for the following plan year and a current
9 funded ratio of at least 90 percent.
10 ‘‘(3) ADJUSTABLE BENEFIT DEFINED.—For pur-
11 poses of this part, the term ‘adjustable benefit’
12 means—
13 ‘‘(A) benefits, rights, and features under the
14 plan, including post-retirement death benefits,
15 60-month guarantees, disability benefits not yet
16 in pay status, and similar benefits;
17 ‘‘(B) any early retirement benefit or retire-
18 ment-type subsidy (within the meaning of sec-
19 tion 204(g)(2)(A)) and any benefit payment op-
20 tion (other than the qualified joint and survivor
21 annuity); and
22 ‘‘(C) benefit increases that were adopted (or,
23 if later, took effect) less than 60 months before
24 the first day such realignment program took ef-
25 fect.
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1 ‘‘(4) CORE BENEFIT DEFINED.—For purposes of
2 this part, the term ‘core benefit’ means a partici-
3 pant’s accrued benefit payable in the normal form of
4 an annuity commencing at normal retirement age,
5 determined without regard to—
6 ‘‘(A) any early retirement benefits, retire-
7 ment-type subsidies, or other benefits, rights, or
8 features that may be associated with that benefit;
9 and
10 ‘‘(B) any cost-of-living adjustments or ben-
11 efit increases effective after the date of retire-
12 ment.
13 ‘‘(5) COORDINATION WITH CONTRIBUTION IN-
14 CREASES.—
15 ‘‘(A) IN GENERAL.—A realignment program
16 may provide that some or all of the benefit modi-
17 fications described in the program will only take
18 effect if the bargaining parties fail to agree to
19 specified levels of increases in contributions to
20 the plan, effective as of specified dates.
21 ‘‘(B) INDEPENDENT BENEFIT MODIFICA-
22 TIONS.—If a realignment program adopts any
23 changes to the benefit formula that are inde-
24 pendent of potential contribution increases, such
25 changes shall take effect not later than 180 days
•HR 925 EAH
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1 after the first day of the first plan year that be-
2 gins following the adoption of the realignment
3 program.
4 ‘‘(C) CONDITIONAL BENEFIT MODIFICA-
5 TIONS.—If a realignment program adopts any
6 changes to the benefit formula that take effect
7 only if the bargaining parties fail to agree to
8 contribution increases, such changes shall take ef-
9 fect not later than the first day of the first plan
10 year beginning after the third anniversary of the
11 date of adoption of the realignment program.
12 ‘‘(D) REVOCATION OF CERTAIN BENEFIT
13 MODIFICATIONS.—Benefit modifications de-
14 scribed in subparagraph (C) may be revoked, in
15 whole or in part, and retroactively or prospec-
16 tively, when contributions to the plan are in-
17 creased, as specified in the realignment program,
18 including any amendments thereto. The pre-
19 ceding sentence shall not apply unless the con-
20 tribution increases are to be effective not later
21 than the fifth anniversary of the first day of the
22 first plan year that begins after the adoption of
23 the realignment program.
24 ‘‘(b) NOTICE.—
•HR 925 EAH
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1 ‘‘(1) IN GENERAL.—In any case in which it is
2 certified under section 802(a) that the projected fund-
3 ed ratio is less than 120 percent, the plan sponsor
4 shall, not later than 30 days after the date of the cer-
5 tification, provide notification of the current and pro-
6 jected funded ratios to the participants and bene-
7 ficiaries, the bargaining parties, and the Secretary.
8 Such notice shall include—
9 ‘‘(A) an explanation that contribution rate
10 increases or benefit reductions may be necessary;
11 ‘‘(B) a description of the types of benefits
12 that might be reduced; and
13 ‘‘(C) an estimate of the contribution in-
14 creases and benefit reductions that may be nec-
15 essary to achieve a projected funded ratio of 120
16 percent.
17 ‘‘(2) NOTICE OF BENEFIT MODIFICATIONS.—
18 ‘‘(A) IN GENERAL.—No modifications may
19 be made that reduce the rate of future benefit ac-
20 crual or that reduce core benefits or adjustable
21 benefits unless notice of such reduction has been
22 given at least 180 days before the general effec-
23 tive date of such reduction for all participants
24 and beneficiaries to—
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1 ‘‘(i) plan participants and bene-
2 ficiaries;
3 ‘‘(ii) each employer who has an obliga-
4 tion to contribute to the composite plan;
5 and
6 ‘‘(iii) each employee organization
7 which, for purposes of collective bargaining,
8 represents plan participants employed by
9 such employers.
10 ‘‘(B) CONTENT OF NOTICE.—The notice
11 under subparagraph (A) shall contain—
12 ‘‘(i) sufficient information to enable
13 participants and beneficiaries to under-
14 stand the effect of any reduction on their
15 benefits, including an illustration of any af-
16 fected benefit or subsidy, on an annual or
17 monthly basis that a participant or bene-
18 ficiary would otherwise have been eligible
19 for as of the general effective date described
20 in subparagraph (A); and
21 ‘‘(ii) information as to the rights and
22 remedies of plan participants and bene-
23 ficiaries as well as how to contact the De-
24 partment of Labor for further information
25 and assistance, where appropriate.
•HR 925 EAH
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1 ‘‘(C) FORM AND MANNER.—Any notice
2 under subparagraph (A)—
3 ‘‘(i) shall be provided in a form and
4 manner prescribed in regulations of the Sec-
5 retary of Labor;
6 ‘‘(ii) shall be written in a manner so
7 as to be understood by the average plan
8 participant.
9 ‘‘(3) MODEL NOTICES.—The Secretary shall—
10 ‘‘(A) prescribe model notices that the plan
11 sponsor of a composite plan may use to satisfy
12 the notice requirements under this subsection;
13 and
14 ‘‘(B) by regulation enumerate any details
15 related to the elements listed in paragraph (1)
16 that any notice under this subsection must in-
17 clude.
18 ‘‘(4) DELIVERY METHOD.—Any notice under this
19 part shall be provided in writing and may also be
20 provided in electronic form to the extent that the form
21 is reasonably accessible to persons to whom the notice
22 is provided.
23 ‘‘SEC. 804. LIMITATION ON INCREASING BENEFITS.
24 ‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except
25 as provided in subsections (c), (d), and (e), no plan amend-
•HR 925 EAH
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1 ment increasing benefits or establishing new benefits under
2 a composite plan may be adopted for a plan year unless—
3 ‘‘(1) the plan’s current funded ratio is at least
4 110 percent (without regard to the benefit increase or
5 new benefits);
6 ‘‘(2) taking the benefit increase or new benefits
7 into account, the current funded ratio is at least 100
8 percent and the projected funded ratio for the current
9 plan year is at least 120 percent;
10 ‘‘(3) in any case in which, after taking the ben-
11 efit increase or new benefits into account, the current
12 funded ratio is less than 140 percent and the pro-
13 jected funded ratio is less than 140 percent, the ben-
14 efit increase or new benefits are projected by the plan
15 actuary to increase the present value of the plan’s li-
16 abilities for the plan year by not more than 3 percent;
17 and
18 ‘‘(4) expected contributions for the current plan
19 year are at least 120 percent of normal cost for the
20 plan year, determined using the unit credit funding
21 method and treating the benefit increase or new bene-
22 fits as in effect for the entire plan year.
23 ‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE BEN-
24 EFITS REDUCED.—If a plan has been amended to reduce
25 core benefits pursuant to a realignment program under sec-
•HR 925 EAH
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1 tion 803(a)(2)(D), such plan may not be subsequently
2 amended to increase core benefits unless the amendment—
3 ‘‘(1) increases the level of future benefit pay-
4 ments only; and
5 ‘‘(2) provides for an equitable distribution of
6 benefit increases across the participant and bene-
7 ficiary population, taking into account the extent to
8 which the benefits of participants were previously re-
9 duced pursuant to such realignment program.
10 ‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE
11 LAW.—Subsection (a) shall not apply in connection with
12 a plan amendment if the amendment is required as a condi-
13 tion of qualification under part I of subchapter D of chapter
14 1 of the Internal Revenue Code of 1986 or to comply with
15 other applicable law.
16 ‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE
17 LIMIT APPLIES.—Subsection (a) shall not apply in connec-
18 tion with a plan amendment if and to the extent that con-
19 tributions to the composite plan would not be deductible for
20 the plan year under section 404(a)(1)(E) of the Internal
21 Revenue Code of 1986 if the plan amendment is not adopt-
22 ed.
23 ‘‘(e) EXCEPTION FOR CERTAIN BENEFIT MODIFICA-
24 TIONS.—Subsection (a) shall not apply in connection with
•HR 925 EAH
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1 a plan amendment under section 803(a)(5)(C), regarding
2 conditional benefit modifications.
3 ‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur-
4 poses of this section—
5 ‘‘(1) if two or more plan amendments increasing
6 benefits or establishing new benefits are adopted in a
7 plan year, such amendments shall be treated as a sin-
8 gle amendment adopted on the last day of the plan
9 year;
10 ‘‘(2) all benefit increases and new benefits adopt-
11 ed in a single amendment are treated as a single ben-
12 efit increase, irrespective of whether the increases and
13 new benefits take effect in more than one plan year;
14 and
15 ‘‘(3) increases in contributions or decreases in
16 plan liabilities which are scheduled to take effect in
17 future plan years may be taken into account in con-
18 nection with a plan amendment if they have been
19 agreed to in writing or otherwise formalized by the
20 date the plan amendment is adopted.
21 ‘‘SEC. 805. COMPOSITE PLAN RESTRICTIONS TO PRESERVE
22 LEGACY PLAN FUNDING.
23 ‘‘(a) TREATMENT AS A LEGACY PLAN.—
24 ‘‘(1) IN GENERAL.—For purposes of this part
25 and parts 2 and 3, a defined benefit plan shall be
•HR 925 EAH
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1 treated as a legacy plan with respect to the composite
2 plan under which the employees who were eligible to
3 accrue a benefit under the defined benefit plan become
4 eligible to accrue a benefit under such composite plan.
5 ‘‘(2) COMPONENT PLANS.—In any case in which
6 a defined benefit plan is amended to add a composite
7 plan component pursuant to section 801(b), para-
8 graph (1) shall be applied by substituting ‘defined
9 benefit component’ for ‘defined benefit plan’ and
10 ‘composite plan component’ for ‘composite plan’.
11 ‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For
12 purposes of paragraph (1), an employee is considered
13 eligible to accrue a benefit under a composite plan as
14 of the first day in which the employee completes an
15 hour of service under a collective bargaining agree-
16 ment that provides for contributions to and accruals
17 under the composite plan in lieu of accruals under the
18 legacy plan.
19 ‘‘(4) COLLECTIVE BARGAINING AGREEMENT.—As
20 used in this part, the term ‘collective bargaining
21 agreement’ includes any agreement under which an
22 employer has an obligation to contribute to a plan.
23 ‘‘(5) OTHER TERMS.—Any term used in this
24 part which is not defined in this part and which is
•HR 925 EAH
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1 also used in section 305 shall have the same meaning
2 provided such term in such section.
3 ‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE
4 PLAN OF AGREEMENTS AND CONTRIBUTIONS.—
5 ‘‘(1) IN GENERAL.—The plan sponsor of a com-
6 posite plan shall not accept or recognize a collective
7 bargaining agreement (or any modification to such
8 agreement), and no contributions may be accepted
9 and no benefits may be accrued or otherwise earned
10 under the agreement—
11 ‘‘(A) in any case in which the plan actuary
12 of any defined benefit plan that would be treated
13 as a legacy plan with respect to such composite
14 plan has certified under section 305(b)(3) that
15 such defined benefit plan is or will be in critical
16 status for the plan year in which such agreement
17 would take effect or for any of the succeeding 5
18 plan years; and
19 ‘‘(B) unless the agreement requires each em-
20 ployer who is a party to such agreement, includ-
21 ing employers whose employees are not partici-
22 pants in the legacy plan, to provide contribu-
23 tions to the legacy plan with respect to such com-
24 posite plan in a manner that satisfies the transi-
25 tion contribution requirements of subsection (d).
•HR 925 EAH
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1 ‘‘(2) NOTICE.—Not later than 30 days after a de-
2 termination by a plan sponsor of a composite plan
3 that an agreement fails to satisfy the requirements de-
4 scribed in paragraph (1), the plan sponsor shall pro-
5 vide notification of such failure and the reasons for
6 such determination—
7 ‘‘(A) to the parties to the agreement;
8 ‘‘(B) to active participants of the composite
9 plan who have ceased to accrue or otherwise earn
10 benefits with respect to service with an employer
11 pursuant to paragraph (1); and
12 ‘‘(C) to the Secretary, the Secretary of the
13 Treasury, and the Pension Benefit Guaranty
14 Corporation.
15 ‘‘(3) LIMITATION ON RETROACTIVE EFFECT.—
16 This subsection shall not apply to benefits accrued be-
17 fore the date on which notice is provided under para-
18 graph (2).
19 ‘‘(c) RESTRICTION ON ACCRUAL OF BENEFITS UNDER
20 A COMPOSITE PLAN.—
21 ‘‘(1) IN GENERAL.—In any case in which an em-
22 ployer, under a collective bargaining agreement en-
23 tered into after the date of enactment of the Giving
24 Retirement Options to Workers Act of 2020, ceases to
25 have an obligation to contribute to a multiemployer
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1 defined benefit plan, no employees employed by the
2 employer may accrue or otherwise earn benefits under
3 any composite plan, with respect to service with that
4 employer, for a 60-month period beginning on the
5 date on which the employer entered into such collec-
6 tive bargaining agreement.
7 ‘‘(2) NOTICE OF CESSATION OF OBLIGATION.—
8 Within 30 days of determining that an employer has
9 ceased to have an obligation to contribute to a legacy
10 plan with respect to employees employed by an em-
11 ployer that is or will be contributing to a composite
12 plan with respect to service of such employees, the
13 plan sponsor of the legacy plan shall notify the plan
14 sponsor of the composite plan of that cessation.
15 ‘‘(3) NOTICE OF CESSATION OF ACCRUALS.—Not
16 later than 30 days after determining that an em-
17 ployer has ceased to have an obligation to contribute
18 to a legacy plan, the plan sponsor of the composite
19 plan shall notify the bargaining parties, the active
20 participants affected by the cessation of accruals, the
21 Secretary, the Secretary of the Treasury, and the Pen-
22 sion Benefit Guaranty Corporation of the cessation of
23 accruals, the period during which such cessation is in
24 effect, and the reasons therefor.
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1 ‘‘(4) LIMITATION ON RETROACTIVE EFFECT.—
2 This subsection shall not apply to benefits accrued be-
3 fore the date on which notice is provided under para-
4 graph (3).
5 ‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.—
6 ‘‘(1) IN GENERAL.—A collective bargaining
7 agreement satisfies the transition contribution re-
8 quirements of this subsection if the agreement—
9 ‘‘(A) authorizes payment of contributions to
10 a legacy plan at a rate or rates equal to or
11 greater than the transition contribution rate es-
12 tablished by the legacy plan under paragraph
13 (2); and
14 ‘‘(B) does not provide for—
15 ‘‘(i) a suspension of contributions to
16 the legacy plan with respect to any period
17 of service; or
18 ‘‘(ii) any new direct or indirect exclu-
19 sion of younger or newly hired employees of
20 the employer from being taken into account
21 in determining contributions owed to the
22 legacy plan.
23 ‘‘(2) TRANSITION CONTRIBUTION RATE.—
24 ‘‘(A) IN GENERAL.—The transition con-
25 tribution rate for a plan year is the contribution
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1 rate that, as certified by the actuary of the leg-
2 acy plan in accordance with the principles in
3 section 305(b)(3)(B), is reasonably expected to be
4 adequate—
5 ‘‘(i) to fund the normal cost for the
6 plan year;
7 ‘‘(ii) to amortize the plan’s unfunded
8 liabilities in level annual installments over
9 25 years, beginning with the plan year in
10 which the transition contribution rate is
11 first established; and
12 ‘‘(iii) to amortize any subsequent
13 changes in the legacy plan’s unfunded li-
14 ability due to experience gains or losses (in-
15 cluding investment gains or losses, gains or
16 losses due to contributions greater or less
17 than the contributions made under the prior
18 transition contribution rate, and other actu-
19 arial gains or losses), changes in actuarial
20 assumptions, changes to the legacy plan’s
21 benefits, or changes in funding method over
22 a period of 15 plan years beginning with
23 the plan year in which such change in un-
24 funded liability is incurred.
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1 The transition contribution rate for any plan
2 year may not be less than the transition con-
3 tribution rate for the plan year in which such
4 rate is first established.
5 ‘‘(B) MULTIPLE RATES.—If different rates
6 of contribution are payable to the legacy plan by
7 different employers or for different classes of em-
8 ployees, the certification shall specify a transi-
9 tion contribution rate for each such employer.
10 ‘‘(C) RATE APPLICABLE TO EMPLOYER.—
11 ‘‘(i) IN GENERAL.—Except as provided
12 by clause (ii), the transition contribution
13 rate applicable to an employer for a plan
14 year is the rate in effect for the plan year
15 of the legacy plan that commences on or
16 after 180 days before the earlier of—
17 ‘‘(I) the effective date of the collec-
18 tive bargaining agreement pursuant to
19 which the employer contributes to the
20 legacy plan; or
21 ‘‘(II) 5 years after the last plan
22 year for which the transition contribu-
23 tion rate applicable to the employer
24 was established or updated.
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1 ‘‘(ii) EXCEPTION.—The transition con-
2 tribution rate applicable to an employer for
3 the first plan year beginning on or after the
4 commencement of the employer’s obligation
5 to contribute to the composite plan is the
6 rate in effect for the plan year of the legacy
7 plan that commences on or after 180 days
8 before such first plan year.
9 ‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL
10 CIRCUMSTANCES.—If the plan actuary of the leg-
11 acy plan has certified under section 305 that the
12 plan is in endangered or critical status for a
13 plan year, the transition contribution rate for
14 the following plan year is the rate determined
15 with respect to the employer under the legacy
16 plan’s funding improvement or rehabilitation
17 plan under section 305, if greater than the rate
18 otherwise determined, but in no event greater
19 than 75 percent of the sum of the contribution
20 rates applicable to the legacy plan and the com-
21 posite plan for the plan year.
22 ‘‘(E) OTHER ACTUARIAL ASSUMPTIONS AND
23 METHODS.—Except as provided in subparagraph
24 (A), the determination of the transition contribu-
25 tion rate for a plan year shall be based on actu-
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1 arial assumptions and methods consistent with
2 the minimum funding determinations made
3 under section 304 (or, if applicable, section 305)
4 with respect to the legacy plan for the plan year.
5 ‘‘(F) ADJUSTMENTS IN RATE.—The plan
6 sponsor of a legacy plan from time to time may
7 adjust the transition contribution rate or rates
8 applicable to an employer under this paragraph
9 by increasing some rates and decreasing others if
10 the actuary certifies that such adjusted rates in
11 combination will produce projected contribution
12 income for the plan year beginning on or after
13 the date of certification that is not less than
14 would be produced by the transition contribution
15 rates in effect at the time of the certification.
16 ‘‘(G) NOTICE OF TRANSITION CONTRIBUTION
17 RATE.—The plan sponsor of a legacy plan shall
18 provide notice to the parties to collective bar-
19 gaining agreements pursuant to which contribu-
20 tions are made to the legacy plan of changes to
21 the transition contribution rate requirements at
22 least 30 days before the beginning of the plan
23 year for which the rate is effective.
24 ‘‘(H) NOTICE TO COMPOSITE PLAN SPON-
25 SOR.—Not later than 30 days after a determina-
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1 tion by the plan sponsor of a legacy plan that
2 a collective bargaining agreement provides for a
3 rate of contributions that is below the transition
4 contribution rate applicable to one or more em-
5 ployers that are parties to the collective bar-
6 gaining agreement, the plan sponsor of the leg-
7 acy plan shall notify the plan sponsor of any
8 composite plan under which employees of such
9 employer would otherwise be eligible to accrue a
10 benefit.
11 ‘‘(3) CORRECTION PROCEDURES.—Pursuant to
12 standards prescribed by the Secretary, the plan spon-
13 sor of a composite plan shall adopt rules and proce-
14 dures that give the parties to the collective bargaining
15 agreement notice of the failure of such agreement to
16 satisfy the transition contribution requirements of
17 this subsection, and a reasonable opportunity to cor-
18 rect such failure, not to exceed 180 days from the date
19 of notice given under subsection (b)(2).
20 ‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A collec-
21 tive bargaining agreement may provide for supple-
22 mental contributions to the legacy plan for a plan
23 year in excess of the transition contribution rate de-
24 termined under paragraph (2), regardless of whether
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1 the legacy plan is in endangered or critical status for
2 such plan year.
3 ‘‘(e) NONAPPLICATION OF COMPOSITE PLAN RESTRIC-
4 TIONS.—
5 ‘‘(1) IN GENERAL.—The provisions of subsections
6 (a), (b), and (c) shall not apply with respect to a col-
7 lective bargaining agreement, to the extent the agree-
8 ment, or a predecessor agreement, provides or pro-
9 vided for contributions to a defined benefit plan that
10 is a legacy plan, as of the first day of the first plan
11 year following a plan year for which the plan actuary
12 certifies that the plan is fully funded, has been fully
13 funded for at least three out of the immediately pre-
14 ceding 5 plan years, and is projected to remain fully
15 funded for at least the following 4 plan years.
16 ‘‘(2) DETERMINATION OF FULLY FUNDED.—A
17 plan is fully funded for purposes of paragraph (1) if,
18 as of the valuation date of the plan for a plan year,
19 the value of the plan’s assets equals or exceeds the
20 present value of the plan’s liabilities, determined in
21 accordance with the rules prescribed by the Pension
22 Benefit Guaranty Corporation under sections
23 4219(c)(1)(D) and 4281 for multiemployer plans ter-
24 minating by mass withdrawal, as in effect for the
25 date of the determination, except the plan’s reasonable
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1 assumption regarding the starting date of benefits
2 may be used.
3 ‘‘(3) OTHER APPLICABLE RULES.—Except as
4 provided in paragraph (2), actuarial determinations
5 and projections under this section shall be based on
6 the rules in section 305(b)(3) and section 802(b).
7 ‘‘SEC. 806. MERGERS AND ASSET TRANSFERS OF COM-
8 POSITE PLANS.
9 ‘‘(a) IN GENERAL.—Assets and liabilities of a com-
10 posite plan may only be merged with, or transferred to, an-
11 other plan if—
12 ‘‘(1) the other plan is a composite plan;
13 ‘‘(2) the plan or plans resulting from the merger
14 or transfer is a composite plan;
15 ‘‘(3) no participant’s accrued benefit or adjust-
16 able benefit is lower immediately after the transaction
17 than it was immediately before the transaction; and
18 ‘‘(4) the value of the assets transferred in the
19 case of a transfer reasonably reflects the value of the
20 amounts contributed with respect to the participants
21 whose benefits are being transferred, adjusted for allo-
22 cable distributions, investment gains and losses, and
23 administrative expenses.
24 ‘‘(b) LEGACY PLAN.—
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1 ‘‘(1) IN GENERAL.—After a merger or transfer
2 involving a composite plan, the legacy plan with re-
3 spect to an employer that is obligated to contribute to
4 the resulting composite plan is the legacy plan that
5 applied to that employer immediately before the
6 merger or transfer.
7 ‘‘(2) MULTIPLE LEGACY PLANS.—If an employer
8 is obligated to contribute to more than one legacy
9 plan with respect to employees eligible to accrue bene-
10 fits under more than one composite plan and there is
11 a merger or transfer of such legacy plans, the transi-
12 tion contribution rate applicable to the legacy plan
13 resulting from the merger or transfer with respect to
14 that employer shall be determined in accordance with
15 the provisions of section 805(d)(2)(B).’’.
16 (2) PENALTIES.—
17 (A) CIVIL ENFORCEMENT OF FAILURE TO
18 COMPLY WITH REALIGNMENT PROGRAM.—Section
19 502(a) of such Act (29 U.S.C. 1132(a)) is
20 amended—
21 (i) in paragraph (10), by striking ‘‘or’’
22 at the end;
23 (ii) in paragraph (11), by striking the
24 period at the end and inserting ‘‘; or’’; and
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1 (iii) by adding at the end the fol-
2 lowing:
3 ‘‘(12) in the case of a composite plan required to
4 adopt a realignment program under section 803, if
5 the plan sponsor—
6 ‘‘(A) has not adopted a realignment pro-
7 gram under that section by the deadline estab-
8 lished in such section; or
9 ‘‘(B) fails to update or comply with the
10 terms of the realignment program in accordance
11 with the requirements of such section,
12 by the Secretary, by an employer that has an obliga-
13 tion to contribute with respect to the composite plan,
14 or by an employee organization that represents active
15 participants in the composite plan, for an order com-
16 pelling the plan sponsor to adopt a realignment pro-
17 gram, or to update or comply with the terms of the
18 realignment program, in accordance with the require-
19 ments of such section and the realignment program.’’.
20 (B) CIVIL PENALTIES.—Section 502(c) of
21 such Act (29 U.S.C. 1132(c)) is amended—
22 (i) by moving paragraphs (8), (10),
23 and (12) each 2 ems to the left;
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1 (ii) by redesignating paragraphs (9)
2 through (12) as paragraphs (12) through
3 (15), respectively; and
4 (iii) by inserting after paragraph (8)
5 the following:
6 ‘‘(9) The Secretary may assess against any plan
7 sponsor of a composite plan a civil penalty of not
8 more than $1,100 per day for each violation by such
9 sponsor—
10 ‘‘(A) of the requirement under section
11 802(a) on the plan actuary to certify the plan’s
12 current or projected funded ratio by the date
13 specified in such subsection; or
14 ‘‘(B) of the requirement under section 803
15 to adopt a realignment program by the deadline
16 established in that section and to comply with its
17 terms.
18 ‘‘(10)(A) The Secretary may assess against any
19 plan sponsor of a composite plan a civil penalty of
20 not more than $100 per day for each violation by
21 such sponsor of the requirement under section 803(b)
22 to provide notice as described in such section, except
23 that no penalty may be assessed in any case in which
24 the plan sponsor exercised reasonable diligence to
25 meet the requirements of such section and—
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1 ‘‘(i) the plan sponsor did not know that the
2 violation existed; or
3 ‘‘(ii) the plan sponsor provided such notice
4 during the 30-day period beginning on the first
5 date on which the plan sponsor knew, or in exer-
6 cising reasonable due diligence should have
7 known, that such violation existed.
8 ‘‘(B) In any case in which the plan sponsor exer-
9 cised reasonable diligence to meet the requirements of
10 section 803(b)—
11 ‘‘(i) the total penalty assessed under this
12 paragraph against such sponsor for a plan year
13 may not exceed $500,000; and
14 ‘‘(ii) the Secretary may waive part or all of
15 such penalty to the extent that the payment of
16 such penalty would be excessive or otherwise in-
17 equitable relative to the violation involved.
18 ‘‘(11) The Secretary may assess against any
19 plan sponsor of a composite plan a civil penalty of
20 not more than $100 per day for each violation by
21 such sponsor of the notice requirements under sections
22 801(b)(5) and 805(b)(2).’’.
23 (3) CONFORMING AMENDMENT.—The table of
24 contents in section 1 of such Act (29 U.S.C. 1001
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1 note) is amended by inserting after the item relating
2 to section 734 the following:
‘‘PART 8—COMPOSITE PLANS AND LEGACY PLANS
‘‘Sec. 801. Composite plan defined.
‘‘Sec. 802. Funded ratios; actuarial assumptions.
‘‘Sec. 803. Realignment program.
‘‘Sec. 804. Limitation on increasing benefits.
‘‘Sec. 805. Composite plan restrictions to preserve legacy plan funding.
‘‘Sec. 806. Mergers and asset transfers of composite plans.’’.
3 (b) AMENDMENT TO THE INTERNAL REVENUE CODE
4 OF 1986.—
5 (1) IN GENERAL.—Part III of subchapter D of
6 chapter 1 of the Internal Revenue Code of 1986 is
7 amended by adding at the end the following:
8 ‘‘Subpart C—Composite Plans and Legacy Plans
‘‘Sec. 437. Composite plan defined.
‘‘Sec. 438. Funded ratios; actuarial assumptions.
‘‘Sec. 439. Realignment program.
‘‘Sec. 440. Limitation on increasing benefits.
‘‘Sec. 440A. Composite plan restrictions to preserve legacy plan funding.
‘‘Sec. 440B. Mergers and asset transfers of composite plans.
9 ‘‘SEC. 437. COMPOSITE PLAN DEFINED.
10 ‘‘(a) IN GENERAL.—For purposes of this title, the term
11 ‘composite plan’ means a pension plan—
12 ‘‘(1) which is a multiemployer plan that is nei-
13 ther a defined benefit plan nor a defined contribution
14 plan,
15 ‘‘(2) the terms of which provide that the plan is
16 a composite plan for purposes of this title with re-
17 spect to which not more than one multiemployer de-
18 fined benefit plan is treated as a legacy plan within
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1 the meaning of section 440A, unless there is more
2 than one legacy plan following a merger of composite
3 plans under section 440B,
4 ‘‘(3) which provides systematically for the pay-
5 ment of benefits—
6 ‘‘(A) objectively calculated pursuant to a
7 formula enumerated in the plan document with
8 respect to plan participants after retirement, for
9 life, and
10 ‘‘(B) in the form of life annuities, except for
11 benefits which under section 411(a)(11) may be
12 immediately distributed without the consent of
13 the participant,
14 ‘‘(4) for which the plan contributions for the first
15 plan year are at least 120 percent of the normal cost
16 for the plan year,
17 ‘‘(5) which requires—
18 ‘‘(A) an annual valuation of the liability of
19 the plan as of a date within the plan year to
20 which the valuation refers or within one month
21 prior to the beginning of such year,
22 ‘‘(B) an annual actuarial determination of
23 the plan’s current funded ratio and projected
24 funded ratio under section 438(a),
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1 ‘‘(C) corrective action through a realign-
2 ment program pursuant to section 439 whenever
3 the plan’s projected funded ratio is below 120
4 percent for the plan year, and
5 ‘‘(D) an annual notification to each partici-
6 pant describing the participant’s benefits under
7 the plan and explaining that such benefits may
8 be subject to reduction under a realignment pro-
9 gram pursuant to section 439 based on the plan’s
10 funded status in future plan years, and
11 ‘‘(6) the board of trustees of which includes at
12 least one retiree or beneficiary in pay status during
13 each plan year following the first plan year in which
14 at least 5 percent of the participants in the plan are
15 retirees or beneficiaries in pay status.
16 ‘‘(b) TRANSITION FROM A MULTIEMPLOYER DEFINED
17 BENEFIT PLAN.—
18 ‘‘(1) IN GENERAL.—The plan sponsor of a de-
19 fined benefit plan that is a multiemployer plan may,
20 subject to paragraph (2), amend the plan to incor-
21 porate the features of a composite plan as a compo-
22 nent of the multiemployer plan separate from the de-
23 fined benefit plan component, except in the case of a
24 defined benefit plan for which the plan actuary has
25 certified under section 432(b)(3) that the plan is or
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1 will be in critical status for the plan year in which
2 such amendment would become effective or for any of
3 the succeeding 5 plan years.
4 ‘‘(2) REQUIREMENTS.—Any amendment pursu-
5 ant to paragraph (1) to incorporate the features of a
6 composite plan as a component of a multiemployer
7 plan shall—
8 ‘‘(A) apply with respect to all collective bar-
9 gaining agreements providing for contributions
10 to the multiemployer plan on or after the effec-
11 tive date of the amendment,
12 ‘‘(B) apply with respect to all participants
13 in the multiemployer plan for whom contribu-
14 tions are made to the multiemployer plan on or
15 after the effective date of the amendment,
16 ‘‘(C) specify that the effective date of the
17 amendment is—
18 ‘‘(i) the first day of a specified plan
19 year following the date of the adoption of
20 the amendment, except that the plan spon-
21 sor may alternatively provide for a separate
22 effective date with respect to each collective
23 bargaining agreement under which con-
24 tributions to the multiemployer plan are re-
25 quired, which shall occur on the first day of
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1 the first plan year beginning after the ter-
2 mination, or if earlier, the re-opening, of
3 each such agreement, or such earlier date as
4 the parties to the agreement and the plan
5 sponsor of the multiemployer plan shall
6 agree to, and
7 ‘‘(ii) not later than the first day of the
8 fifth plan year beginning on or after the
9 date of the adoption of the amendment,
10 ‘‘(D) specify that, as of the amendment’s ef-
11 fective date, no further benefits shall accrue
12 under the defined benefit component of the multi-
13 employer plan, and
14 ‘‘(E) specify that, as of the amendment’s ef-
15 fective date, the plan sponsor of the multiem-
16 ployer plan shall be the plan sponsor of both the
17 composite plan component and the defined ben-
18 efit plan component of the plan.
19 ‘‘(3) SPECIAL RULES.—If a multiemployer plan
20 is amended pursuant to paragraph (1)—
21 ‘‘(A) the requirements of this title shall be
22 applied to the composite plan component and the
23 defined benefit plan component of the multiem-
24 ployer plan as if each such component were
25 maintained as a separate plan, and
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1 ‘‘(B) the assets of the composite plan compo-
2 nent and the defined benefit plan component of
3 the plan shall be held in a single trust forming
4 part of the plan under which the trust instru-
5 ment expressly provides—
6 ‘‘(i) for separate accounts (and appro-
7 priate records) to be maintained to reflect
8 the interest which each of the plan compo-
9 nents has in the trust, including separate
10 accounting for additions to the trust for the
11 benefit of each plan component, disburse-
12 ments made from each plan component’s ac-
13 count in the trust, investment experience of
14 the trust allocable to that account, and ad-
15 ministrative expenses (whether direct ex-
16 penses or shared expenses allocated propor-
17 tionally), and permits, but does not require,
18 the pooling of some or all of the assets of the
19 two plan components for investment pur-
20 poses, and
21 ‘‘(ii) that the assets of each of the two
22 plan components shall be held, invested, re-
23 invested, managed, administered and dis-
24 tributed for the exclusive benefit of the par-
25 ticipants and beneficiaries of each such
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1 plan component, and in no event shall the
2 assets of one of the plan components be
3 available to pay benefits due under the
4 other plan component.
5 ‘‘(4) NOT A TERMINATION EVENT.—Notwith-
6 standing section 4041A of the Employee Retirement
7 Income Security Act of 1974, an amendment pursu-
8 ant to paragraph (1) to incorporate the features of a
9 composite plan as a component of a multiemployer
10 plan does not constitute termination of the multiem-
11 ployer plan.
12 ‘‘(5) NOTICE TO THE SECRETARY.—
13 ‘‘(A) NOTICE.—The plan sponsor of a com-
14 posite plan shall provide notice to the Secretary
15 of the intent to establish the composite plan (or,
16 in the case of a composite plan incorporated as
17 a component of a multiemployer plan as de-
18 scribed in paragraph (1), the intent to amend
19 the multiemployer plan to incorporate such com-
20 posite plan) at least 30 days prior to the effective
21 date of such establishment or amendment.
22 ‘‘(B) CERTIFICATION.—In the case of a
23 composite plan incorporated as a component of
24 a multiemployer plan as described in paragraph
25 (1), such notice shall include a certification by
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1 the plan actuary under section 432(b)(3) that the
2 effective date of the amendment occurs in a plan
3 year for which the multiemployer plan is not in
4 critical status for that plan year and any of the
5 succeeding 5 plan years.
6 ‘‘(6) REFERENCES TO COMPOSITE PLAN COMPO-
7 NENT.—As used in this subpart, the term ‘composite
8 plan’ includes a composite plan component added to
9 a defined benefit plan pursuant to paragraph (1).
10 ‘‘(7) RULE OF CONSTRUCTION.—Paragraph
11 (2)(A) shall not be construed as preventing the plan
12 sponsor of a multiemployer plan from adopting an
13 amendment pursuant to paragraph (1) because some
14 collective bargaining agreements are amended to cease
15 any covered employer’s obligation to contribute to the
16 multiemployer plan before or after the plan amend-
17 ment is effective. Paragraph (2)(B) shall not be con-
18 strued as preventing the plan sponsor of a multiem-
19 ployer plan from adopting an amendment pursuant
20 to paragraph (1) because some participants cease to
21 have contributions made to the multiemployer plan
22 on their behalf before or after the plan amendment is
23 effective.
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1 ‘‘(c) COORDINATION WITH FUNDING RULES.—Except
2 as otherwise provided in this title, sections 412, 431, and
3 432 shall not apply to a composite plan.
4 ‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur-
5 poses of this title (other than sections 412 and 418E), a
6 composite plan shall be treated as if it were a defined ben-
7 efit plan unless a different treatment is provided for under
8 applicable law.
9 ‘‘SEC. 438. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS.
10 ‘‘(a) CERTIFICATION OF FUNDED RATIOS.—
11 ‘‘(1) IN GENERAL.—Not later than the one-hun-
12 dred twentieth day of each plan year of a composite
13 plan, the plan actuary of the composite plan shall
14 certify to the Secretary, the Secretary of Labor, and
15 the plan sponsor the plan’s current funded ratio and
16 projected funded ratio for the plan year.
17 ‘‘(2) DETERMINATION OF CURRENT FUNDED
18 RATIO AND PROJECTED FUNDED RATIO.—For pur-
19 poses of this section—
20 ‘‘(A) CURRENT FUNDED RATIO.—The cur-
21 rent funded ratio is the ratio (expressed as a
22 percentage) of—
23 ‘‘(i) the value of the plan’s assets as of
24 the first day of the plan year, to
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1 ‘‘(ii) the plan actuary’s best estimate of
2 the present value of the plan liabilities as of
3 the first day of the plan year.
4 ‘‘(B) PROJECTED FUNDED RATIO.—The pro-
5 jected funded ratio is the current funded ratio
6 projected to the first day of the fifteenth plan
7 year following the plan year for which the deter-
8 mination is being made.
9 ‘‘(3) CONSIDERATION OF CONTRIBUTION RATE
10 INCREASES.—For purposes of projections under this
11 subsection, the plan sponsor may anticipate contribu-
12 tion rate increases beyond the term of the current col-
13 lective bargaining agreement and any agreed-to sup-
14 plements, up to a maximum of 2.5 percent per year,
15 compounded annually, unless it would be unreason-
16 able under the circumstances to assume that contribu-
17 tions would increase by that amount.
18 ‘‘(b) ACTUARIAL ASSUMPTIONS AND METHODS.—For
19 purposes of this part—
20 ‘‘(1) IN GENERAL.—All costs, liabilities, rates of
21 interest, and other factors under the plan shall be de-
22 termined for a plan year on the basis of actuarial as-
23 sumptions and methods—
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1 ‘‘(A) each of which is reasonable (taking
2 into account the experience of the plan and rea-
3 sonable expectations),
4 ‘‘(B) which, in combination, offer the actu-
5 ary’s best estimate of anticipated experience
6 under the plan, and
7 ‘‘(C) with respect to which any change from
8 the actuarial assumptions and methods used in
9 the previous plan year shall be certified by the
10 plan actuary and the actuarial rationale for
11 such change provided in the annual report re-
12 quired by section 6058.
13 ‘‘(2) FAIR MARKET VALUE OF ASSETS.—The
14 value of the plan’s assets shall be taken into account
15 on the basis of their fair market value.
16 ‘‘(3) DETERMINATION OF NORMAL COST AND
17 PLAN LIABILITIES.—A plan’s normal cost and liabil-
18 ities shall be based on the most recent actuarial valu-
19 ation required under section 437(a)(5)(A) and the
20 unit credit funding method.
21 ‘‘(4) TIME WHEN CERTAIN CONTRIBUTIONS
22 DEEMED MADE.—Any contributions for a plan year
23 made by an employer after the last day of such plan
24 year, but not later than two and one-half months
25 after such day, shall be deemed to have been made on
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1 such last day. For purposes of this paragraph, such
2 two and one-half month period may be extended for
3 not more than six months under regulations pre-
4 scribed by the Secretary.
5 ‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.—
6 Except where otherwise provided in this subpart, the
7 provisions of section 432(b)(3)(B) shall apply to any
8 determination or projection under this subpart.
9 ‘‘SEC. 439. REALIGNMENT PROGRAM.
10 ‘‘(a) REALIGNMENT PROGRAM.—
11 ‘‘(1) ADOPTION.—In any case in which the plan
12 actuary certifies under section 438(a) that the plan’s
13 projected funded ratio is below 120 percent for the
14 plan year, the plan sponsor shall adopt a realignment
15 program under paragraph (2) not later than 210
16 days after the due date of the certification required
17 under section 438(a). The plan sponsor shall adopt an
18 updated realignment program for each succeeding
19 plan year for which a certification described in the
20 preceding sentence is made.
21 ‘‘(2) CONTENT OF REALIGNMENT PROGRAM.—
22 ‘‘(A) IN GENERAL.—A realignment program
23 adopted under this paragraph is a written pro-
24 gram which consists of all reasonable measures,
25 including options or a range of options to be un-
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1 dertaken by the plan sponsor or proposed to the
2 bargaining parties, formulated, based on reason-
3 ably anticipated experience and reasonable actu-
4 arial assumptions, to enable the plan to achieve
5 a projected funded ratio of at least 120 percent
6 for the following plan year.
7 ‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea-
8 sonable measures under a realignment program
9 described in subparagraph (A) may include any
10 of the following:
11 ‘‘(i) Proposed contribution increases.
12 ‘‘(ii) A reduction in the rate of future
13 benefit accruals, so long as the resulting
14 rate shall not be less than 1 percent of the
15 contributions on which benefits are based as
16 of the start of the plan year (or the equiva-
17 lent standard accrual rate as described in
18 section 432(e)(6)).
19 ‘‘(iii) A modification or elimination of
20 adjustable benefits of participants that are
21 not in pay status before the date of the no-
22 tice required under subsection (b)(1).
23 ‘‘(iv) Any other legally available meas-
24 ures not specifically described in this sub-
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1 paragraph or subparagraph (C) or (D) that
2 the plan sponsor determines are reasonable.
3 ‘‘(C) ADDITIONAL PROGRAM ELEMENTS.—If
4 the plan sponsor has determined that all reason-
5 able measures available under subparagraph (B)
6 will not enable the plan to achieve a projected
7 funded ratio of at least 120 percent the following
8 plan year, such reasonable measures may also
9 include—
10 ‘‘(i) a reduction of accrued benefits
11 that are not in pay status by the date of the
12 notice required under subsection (b)(1), or
13 ‘‘(ii) a reduction of any benefits of
14 participants that are in pay status before
15 the date of the notice required under sub-
16 section (b)(1) other than core benefits as de-
17 fined in paragraph (4).
18 ‘‘(D) ADDITIONAL REDUCTIONS.—In the
19 case of a composite plan for which the plan
20 sponsor has determined that all reasonable meas-
21 ures available under subparagraphs (B) and (C)
22 will not enable the plan to achieve a projected
23 funded ratio of at least 120 percent for the fol-
24 lowing plan year, such reasonable measures may
25 also include—
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1 ‘‘(i) a further reduction in the rate of
2 future benefit accruals without regard to the
3 limitation applicable under subparagraph
4 (B)(ii), or
5 ‘‘(ii) a reduction of core benefits,
6 provided that such reductions shall be equitably
7 distributed across the participant and bene-
8 ficiary population, taking into account factors,
9 with respect to participants and beneficiaries
10 and their benefits, that may include one or more
11 of the factors listed in subclauses (I) through (X)
12 of section 432(e)(9)(D)(vi), to the extent nec-
13 essary to enable the plan to achieve a projected
14 funded ratio of at least 120 percent for the fol-
15 lowing plan year, or at the election of the plan
16 sponsor, a projected funded ratio of at least 100
17 percent for the following plan year and a current
18 funded ratio of at least 90 percent.
19 ‘‘(3) ADJUSTABLE BENEFIT DEFINED.—For pur-
20 poses of this subpart, the term ‘adjustable benefit’
21 means—
22 ‘‘(A) benefits, rights, and features under the
23 plan, including post-retirement death benefits,
24 60-month guarantees, disability benefits not yet
25 in pay status, and similar benefits,
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1 ‘‘(B) any early retirement benefit or retire-
2 ment-type subsidy (within the meaning of sec-
3 tion 411(d)(6)(B)(i)) and any benefit payment
4 option (other than the qualified joint and sur-
5 vivor annuity), and
6 ‘‘(C) benefit increases that were adopted (or,
7 if later, took effect) less than 60 months before
8 the first day such realignment program took ef-
9 fect.
10 ‘‘(4) CORE BENEFIT DEFINED.—For purposes of
11 this subpart, the term ‘core benefit’ means a partici-
12 pant’s accrued benefit payable in the normal form of
13 an annuity commencing at normal retirement age,
14 determined without regard to—
15 ‘‘(A) any early retirement benefits, retire-
16 ment-type subsidies, or other benefits, rights, or
17 features that may be associated with that benefit,
18 and
19 ‘‘(B) any cost-of-living adjustments or ben-
20 efit increases effective after the date of retire-
21 ment.
22 ‘‘(5) COORDINATION WITH CONTRIBUTION IN-
23 CREASES.—
24 ‘‘(A) IN GENERAL.—A realignment program
25 may provide that some or all of the benefit modi-
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1 fications described in the program will only take
2 effect if the bargaining parties fail to agree to
3 specified levels of increases in contributions to
4 the plan, effective as of specified dates.
5 ‘‘(B) INDEPENDENT BENEFIT MODIFICA-
6 TIONS.—If a realignment program adopts any
7 changes to the benefit formula that are inde-
8 pendent of potential contribution increases, such
9 changes shall take effect not later than 180 days
10 following the first day of the first plan year that
11 begins following the adoption of the realignment
12 program.
13 ‘‘(C) CONDITIONAL BENEFIT MODIFICA-
14 TIONS.—If a realignment program adopts any
15 changes to the benefit formula that take effect
16 only if the bargaining parties fail to agree to
17 contribution increases, such changes shall take ef-
18 fect not later than the first day of the first plan
19 year beginning after the third anniversary of the
20 date of adoption of the realignment program.
21 ‘‘(D) REVOCATION OF CERTAIN BENEFIT
22 MODIFICATIONS.—Benefit modifications de-
23 scribed in paragraph (3) may be revoked, in
24 whole or in part, and retroactively or prospec-
25 tively, when contributions to the plan are in-
•HR 925 EAH
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1 creased, as specified in the realignment program,
2 including any amendments thereto. The pre-
3 ceding sentence shall not apply unless the con-
4 tribution increases are to be effective not later
5 than the fifth anniversary of the first day of the
6 first plan year that begins after the adoption of
7 the realignment program.
8 ‘‘(b) NOTICE.—
9 ‘‘(1) IN GENERAL.—In any case in which it is
10 certified under section 438(a) that the projected fund-
11 ed ratio is less than 120 percent, the plan sponsor
12 shall, not later than 30 days after the date of the cer-
13 tification, provide notification of the current and pro-
14 jected funded ratios to the participants and bene-
15 ficiaries, the bargaining parties, and the Secretary.
16 Such notice shall include—
17 ‘‘(A) an explanation that contribution rate
18 increases or benefit reductions may be necessary,
19 ‘‘(B) a description of the types of benefits
20 that might be reduced, and
21 ‘‘(C) an estimate of the contribution in-
22 creases and benefit reductions that may be nec-
23 essary to achieve a projected funded ratio of 120
24 percent.
25 ‘‘(2) NOTICE OF BENEFIT MODIFICATIONS.—
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1 ‘‘(A) IN GENERAL.—No modifications may
2 be made that reduce the rate of future benefit ac-
3 crual or that reduce core benefits or adjustable
4 benefits unless notice of such reduction has been
5 given at least 180 days before the general effec-
6 tive date of such reduction for all participants
7 and beneficiaries to—
8 ‘‘(i) plan participants and bene-
9 ficiaries,
10 ‘‘(ii) each employer who has an obliga-
11 tion to contribute to the composite plan,
12 and
13 ‘‘(iii) each employee organization
14 which, for purposes of collective bargaining,
15 represents plan participants employed by
16 such employers.
17 ‘‘(B) CONTENT OF NOTICE.—The notice
18 under subparagraph (A) shall contain—
19 ‘‘(i) sufficient information to enable
20 participants and beneficiaries to under-
21 stand the effect of any reduction on their
22 benefits, including an illustration of any af-
23 fected benefit or subsidy, on an annual or
24 monthly basis that a participant or bene-
25 ficiary would otherwise have been eligible
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1 for as of the general effective date described
2 in subparagraph (A), and
3 ‘‘(ii) information as to the rights and
4 remedies of plan participants and bene-
5 ficiaries as well as how to contact the De-
6 partment of Labor for further information
7 and assistance, where appropriate.
8 ‘‘(C) FORM AND MANNER.—Any notice
9 under subparagraph (A)—
10 ‘‘(i) shall be provided in a form and
11 manner prescribed in regulations of the Sec-
12 retary of Labor,
13 ‘‘(ii) shall be written in a manner so
14 as to be understood by the average plan
15 participant.
16 ‘‘(3) MODEL NOTICES.—The Secretary shall—
17 ‘‘(A) prescribe model notices that the plan
18 sponsor of a composite plan may use to satisfy
19 the notice requirements under this subsection,
20 and
21 ‘‘(B) by regulation enumerate any details
22 related to the elements listed in paragraph (1)
23 that any notice under this subsection must in-
24 clude.
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1 ‘‘(4) DELIVERY METHOD.—Any notice under this
2 part shall be provided in writing and may also be
3 provided in electronic form to the extent that the form
4 is reasonably accessible to persons to whom the notice
5 is provided.
6 ‘‘SEC. 440. LIMITATION ON INCREASING BENEFITS.
7 ‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except
8 as provided in subsections (c), (d), and (e), no plan amend-
9 ment increasing benefits or establishing new benefits under
10 a composite plan may be adopted for a plan year unless—
11 ‘‘(1) the plan’s current funded ratio is at least
12 110 percent (without regard to the benefit increase or
13 new benefits),
14 ‘‘(2) taking the benefit increase or new benefits
15 into account, the current funded ratio is at least 100
16 percent and the projected funded ratio for the current
17 plan year is at least 120 percent,
18 ‘‘(3) in any case in which, after taking the ben-
19 efit increase or new benefits into account, the current
20 funded ratio is less than 140 percent or the projected
21 funded ratio is less than 140 percent, the benefit in-
22 crease or new benefits are projected by the plan actu-
23 ary to increase the present value of the plan’s liabil-
24 ities for the plan year by not more than 3 percent,
25 and
•HR 925 EAH
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1 ‘‘(4) expected contributions for the current plan
2 year are at least 120 percent of normal cost for the
3 plan year, determined using the unit credit funding
4 method and treating the benefit increase or new bene-
5 fits as in effect for the entire plan year.
6 ‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE BEN-
7 EFITS REDUCED.—If a plan has been amended to reduce
8 core benefits pursuant to a realignment program under sec-
9 tion 439(a)(2)(D), such plan may not be subsequently
10 amended to increase core benefits unless the amendment—
11 ‘‘(1) increases the level of future benefit pay-
12 ments only, and
13 ‘‘(2) provides for an equitable distribution of
14 benefit increases across the participant and bene-
15 ficiary population, taking into account the extent to
16 which the benefits of participants were previously re-
17 duced pursuant to such realignment program.
18 ‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE
19 LAW.—Subsection (a) shall not apply in connection with
20 a plan amendment if the amendment is required as a condi-
21 tion of qualification under part I of subchapter D of chapter
22 1 or to comply with other applicable law.
23 ‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE
24 LIMIT APPLIES.—Subsection (a) shall not apply in connec-
25 tion with a plan amendment if and to the extent that con-
•HR 925 EAH
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1 tributions to the composite plan would not be deductible for
2 the plan year under section 404(a)(1)(E) if the plan amend-
3 ment is not adopted. The Secretary of the Treasury shall
4 issue regulations to implement this paragraph.
5 ‘‘(e) EXCEPTION FOR CERTAIN BENEFIT MODIFICA-
6 TIONS.—Subsection (a) shall not apply in connection with
7 a plan amendment under section 439(a)(5)(C), regarding
8 conditional benefit modifications.
9 ‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur-
10 poses of this section—
11 ‘‘(1) if two or more plan amendments increasing
12 benefits or establishing new benefits are adopted in a
13 plan year, such amendments shall be treated as a sin-
14 gle amendment adopted on the last day of the plan
15 year,
16 ‘‘(2) all benefit increases and new benefits adopt-
17 ed in a single amendment are treated as a single ben-
18 efit increase, irrespective of whether the increases and
19 new benefits take effect in more than one plan year,
20 and
21 ‘‘(3) increases in contributions or decreases in
22 plan liabilities which are scheduled to take effect in
23 future plan years may be taken into account in con-
24 nection with a plan amendment if they have been
•HR 925 EAH
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1 agreed to in writing or otherwise formalized by the
2 date the plan amendment is adopted.
3 ‘‘SEC. 440A. COMPOSITE PLAN RESTRICTIONS TO PRESERVE
4 LEGACY PLAN FUNDING.
5 ‘‘(a) TREATMENT AS A LEGACY PLAN.—
6 ‘‘(1) IN GENERAL.—For purposes of this sub-
7 chapter, a defined benefit plan shall be treated as a
8 legacy plan with respect to the composite plan under
9 which the employees who were eligible to accrue a
10 benefit under the defined benefit plan become eligible
11 to accrue a benefit under such composite plan.
12 ‘‘(2) COMPONENT PLANS.—In any case in which
13 a defined benefit plan is amended to add a composite
14 plan component pursuant to section 437(b), para-
15 graph (1) shall be applied by substituting ‘defined
16 benefit component’ for ‘defined benefit plan’ and
17 ‘composite plan component’ for ‘composite plan’.
18 ‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For
19 purposes of paragraph (1), an employee is considered
20 eligible to accrue a benefit under a composite plan as
21 of the first day in which the employee completes an
22 hour of service under a collective bargaining agree-
23 ment that provides for contributions to and accruals
24 under the composite plan in lieu of accruals under the
25 legacy plan.
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1 ‘‘(4) COLLECTIVE BARGAINING AGREEMENT.—As
2 used in this subpart, the term ‘collective bargaining
3 agreement’ includes any agreement under which an
4 employer has an obligation to contribute to a plan.
5 ‘‘(5) OTHER TERMS.—Any term used in this
6 subpart which is not defined in this part and which
7 is also used in section 432 shall have the same mean-
8 ing provided such term in such section.
9 ‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE
10 PLAN OF AGREEMENTS AND CONTRIBUTIONS.—
11 ‘‘(1) IN GENERAL.—The plan sponsor of a com-
12 posite plan shall not accept or recognize a collective
13 bargaining agreement (or any modification to such
14 agreement), and no contributions may be accepted
15 and no benefits may be accrued or otherwise earned
16 under the agreement—
17 ‘‘(A) in any case in which the plan actuary
18 of any defined benefit plan that would be treated
19 as a legacy plan with respect to such composite
20 plan has certified under section 432(b)(3) that
21 such defined benefit plan is or will be in critical
22 status for the plan year in which such agreement
23 would take effect or for any of the succeeding 5
24 plan years, and
•HR 925 EAH
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1 ‘‘(B) unless the agreement requires each em-
2 ployer who is a party to such agreement, includ-
3 ing employers whose employees are not partici-
4 pants in the legacy plan, to provide contribu-
5 tions to the legacy plan with respect to such com-
6 posite plan in a manner that satisfies the transi-
7 tion contribution requirements of subsection (d).
8 ‘‘(2) NOTICE.—Not later than 30 days after a de-
9 termination by a plan sponsor of a composite plan
10 that an agreement fails to satisfy the requirements de-
11 scribed in paragraph (1), the plan sponsor shall pro-
12 vide notification of such failure and the reasons for
13 such determination to—
14 ‘‘(A) the parties to the agreement,
15 ‘‘(B) active participants of the composite
16 plan who have ceased to accrue or otherwise earn
17 benefits with respect to service with an employer
18 pursuant to paragraph (1), and
19 ‘‘(C) the Secretary of Labor, the Secretary
20 of the Treasury, and the Pension Benefit Guar-
21 anty Corporation.
22 ‘‘(3) LIMITATION ON RETROACTIVE EFFECT.—
23 This subsection shall not apply to benefits accrued be-
24 fore the date on which notice is provided under para-
25 graph (2).
•HR 925 EAH
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1 ‘‘(c) RESTRICTION ON ACCRUAL OF BENEFITS UNDER
2 A COMPOSITE PLAN.—
3 ‘‘(1) IN GENERAL.—In any case in which an em-
4 ployer, under a collective bargaining agreement en-
5 tered into after the date of enactment of the Giving
6 Retirement Options to Workers Act of 2020, ceases to
7 have an obligation to contribute to a multiemployer
8 defined benefit plan, no employees employed by the
9 employer may accrue or otherwise earn benefits under
10 any composite plan, with respect to service with that
11 employer, for a 60-month period beginning on the
12 date on which the employer entered into such collec-
13 tive bargaining agreement.
14 ‘‘(2) NOTICE OF CESSATION OF OBLIGATION.—
15 Within 30 days of determining that an employer has
16 ceased to have an obligation to contribute to a legacy
17 plan with respect to employees employed by an em-
18 ployer that is or will be contributing to a composite
19 plan with respect to service of such employees, the
20 plan sponsor of the legacy plan shall notify the plan
21 sponsor of the composite plan of that cessation.
22 ‘‘(3) NOTICE OF CESSATION OF ACCRUALS.—Not
23 later than 30 days after determining that an em-
24 ployer has ceased to have an obligation to contribute
25 to a legacy plan, the plan sponsor of the composite
•HR 925 EAH
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1 plan shall notify the bargaining parties, the active
2 participants affected by the cessation of accruals, the
3 Secretary, the Secretary of Labor, and the Pension
4 Benefit Guaranty Corporation of the cessation of ac-
5 cruals, the period during which such cessation is in
6 effect, and the reasons therefor.
7 ‘‘(4) LIMITATION ON RETROACTIVE EFFECT.—
8 This subsection shall not apply to benefits accrued be-
9 fore the date on which notice is provided under para-
10 graph (3).
11 ‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.—
12 ‘‘(1) IN GENERAL.—A collective bargaining
13 agreement satisfies the transition contribution re-
14 quirements of this subsection if the agreement—
15 ‘‘(A) authorizes for payment of contribu-
16 tions to a legacy plan at a rate or rates equal
17 to or greater than the transition contribution
18 rate established under paragraph (2), and
19 ‘‘(B) does not provide for—
20 ‘‘(i) a suspension of contributions to
21 the legacy plan with respect to any period
22 of service, or
23 ‘‘(ii) any new direct or indirect exclu-
24 sion of younger or newly hired employees of
25 the employer from being taken into account
•HR 925 EAH
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1 in determining contributions owed to the
2 legacy plan.
3 ‘‘(2) TRANSITION CONTRIBUTION RATE.—
4 ‘‘(A) IN GENERAL.—The transition con-
5 tribution rate for a plan year is the contribution
6 rate that, as certified by the actuary of the leg-
7 acy plan in accordance with the principles in
8 section 432(b)(3)(B), is reasonably expected to be
9 adequate—
10 ‘‘(i) to fund the normal cost for the
11 plan year,
12 ‘‘(ii) to amortize the plan’s unfunded
13 liabilities in level annual installments over
14 25 years, beginning with the plan year in
15 which the transition contribution rate is
16 first established, and
17 ‘‘(iii) to amortize any subsequent
18 changes in the legacy plan’s unfunded li-
19 ability due to experience gains or losses (in-
20 cluding investment gains or losses, gains or
21 losses due to contributions greater or less
22 than the contributions made under the prior
23 transition contribution rate, and other actu-
24 arial gains or losses), changes in actuarial
25 assumptions, changes to the legacy plan’s
•HR 925 EAH
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1 benefits, or changes in funding method over
2 a period of 15 plan years beginning with
3 the plan year in which such change in un-
4 funded liability is incurred.
5 The transition contribution rate for any plan
6 year may not be less than the transition con-
7 tribution rate for the plan year in which such
8 rate is first established.
9 ‘‘(B) MULTIPLE RATES.—If different rates
10 of contribution are payable to the legacy plan by
11 different employers or for different classes of em-
12 ployees, the certification shall specify a transi-
13 tion contribution rate for each such employer.
14 ‘‘(C) RATE APPLICABLE TO EMPLOYER.—
15 ‘‘(i) IN GENERAL.—Except as provided
16 by clause (ii), the transition contribution
17 rate applicable to an employer for a plan
18 year is the rate in effect for the plan year
19 of the legacy plan that commences on or
20 after 180 days before the earlier of—
21 ‘‘(I) the effective date of the collec-
22 tive bargaining agreement pursuant to
23 which the employer contributes to the
24 legacy plan, or
•HR 925 EAH
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1 ‘‘(II) 5 years after the last plan
2 year for which the transition contribu-
3 tion rate applicable to the employer
4 was established or updated.
5 ‘‘(ii) EXCEPTION.—The transition con-
6 tribution rate applicable to an employer for
7 the first plan year beginning on or after the
8 commencement of the employer’s obligation
9 to contribute to the composite plan is the
10 rate in effect for the plan year of the legacy
11 plan that commences on or after 180 days
12 before such first plan year.
13 ‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL
14 CIRCUMSTANCES.—If the plan actuary of the leg-
15 acy plan has certified under section 432 that the
16 plan is in endangered or critical status for a
17 plan year, the transition contribution rate for
18 the following plan year is the rate determined
19 with respect to the employer under the legacy
20 plan’s funding improvement or rehabilitation
21 plan under section 432, if greater than the rate
22 otherwise determined, but in no event greater
23 than 75 percent of the sum of the contribution
24 rates applicable to the legacy plan and the com-
25 posite plan for the plan year.
•HR 925 EAH
913
1 ‘‘(E) OTHER ACTUARIAL ASSUMPTIONS AND
2 METHODS.—Except as provided in subparagraph
3 (A), the determination of the transition contribu-
4 tion rate for a plan year shall be based on actu-
5 arial assumptions and methods consistent with
6 the minimum funding determinations made
7 under section 431 (or, if applicable, section 432)
8 with respect to the legacy plan for the plan year.
9 ‘‘(F) ADJUSTMENTS IN RATE.—The plan
10 sponsor of a legacy plan from time to time may
11 adjust the transition contribution rate or rates
12 applicable to an employer under this paragraph
13 by increasing some rates and decreasing others if
14 the actuary certifies that such adjusted rates in
15 combination will produce projected contribution
16 income for the plan year beginning on or after
17 the date of certification that is not less than
18 would be produced by the transition contribution
19 rates in effect at the time of the certification.
20 ‘‘(G) NOTICE OF TRANSITION CONTRIBUTION
21 RATE.—The plan sponsor of a legacy plan shall
22 provide notice to the parties to collective bar-
23 gaining agreements pursuant to which contribu-
24 tions are made to the legacy plan of changes to
25 the transition contribution rate requirements at
•HR 925 EAH
914
1 least 30 days before the beginning of the plan
2 year for which the rate is effective.
3 ‘‘(H) NOTICE TO COMPOSITE PLAN SPON-
4 SOR.—Not later than 30 days after a determina-
5 tion by the plan sponsor of a legacy plan that
6 a collective bargaining agreement provides for a
7 rate of contributions that is below the transition
8 contribution rate applicable to one or more em-
9 ployers that are parties to the collective bar-
10 gaining agreement, the plan sponsor of the leg-
11 acy plan shall notify the plan sponsor of any
12 composite plan under which employees of such
13 employer would otherwise be eligible to accrue a
14 benefit.
15 ‘‘(3) CORRECTION PROCEDURES.—Pursuant to
16 standards prescribed by the Secretary of Labor, the
17 plan sponsor of a composite plan shall adopt rules
18 and procedures that give the parties to the collective
19 bargaining agreement notice of the failure of such
20 agreement to satisfy the transition contribution re-
21 quirements of this subsection, and a reasonable oppor-
22 tunity to correct such failure, not to exceed 180 days
23 from the date of notice given under subsection (b)(2).
24 ‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A collec-
25 tive bargaining agreement may provide for supple-
•HR 925 EAH
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1 mental contributions to the legacy plan for a plan
2 year in excess of the transition contribution rate de-
3 termined under paragraph (2), regardless of whether
4 the legacy plan is in endangered or critical status for
5 such plan year.
6 ‘‘(e) NONAPPLICATION OF COMPOSITE PLAN RESTRIC-
7 TIONS.—
8 ‘‘(1) IN GENERAL.—The provisions of subsections
9 (a), (b), and (c) shall not apply with respect to a col-
10 lective bargaining agreement, to the extent the agree-
11 ment, or a predecessor agreement, provides or pro-
12 vided for contributions to a defined benefit plan that
13 is a legacy plan, as of the first day of the first plan
14 year following a plan year for which the plan actuary
15 certifies that the plan is fully funded, has been fully
16 funded for at least three out of the immediately pre-
17 ceding 5 plan years, and is projected to remain fully
18 funded for at least the following 4 plan years.
19 ‘‘(2) DETERMINATION OF FULLY FUNDED.—A
20 plan is fully funded for purposes of paragraph (1) if,
21 as of the valuation date of the plan for a plan year,
22 the value of the plan’s assets equals or exceeds the
23 present value of the plan’s liabilities, determined in
24 accordance with the rules prescribed by the Pension
25 Benefit Guaranty Corporation under sections
•HR 925 EAH
916
1 4219(c)(1)(D) and 4281 of Employee Retirement In-
2 come and Security Act for multiemployer plans ter-
3 minating by mass withdrawal, as in effect for the
4 date of the determination, except the plan’s reasonable
5 assumption regarding the starting date of benefits
6 may be used.
7 ‘‘(3) OTHER APPLICABLE RULES.—Except as
8 provided in paragraph (2), actuarial determinations
9 and projections under this section shall be based on
10 the rules in section 432(b)(3) and section 438(b).
11 ‘‘SEC. 440B. MERGERS AND ASSET TRANSFERS OF COM-
12 POSITE PLANS.
13 ‘‘(a) IN GENERAL.—Assets and liabilities of a com-
14 posite plan may only be merged with, or transferred to, an-
15 other plan if—
16 ‘‘(1) the other plan is a composite plan,
17 ‘‘(2) the plan or plans resulting from the merger
18 or transfer is a composite plan,
19 ‘‘(3) no participant’s accrued benefit or adjust-
20 able benefit is lower immediately after the transaction
21 than it was immediately before the transaction, and
22 ‘‘(4) the value of the assets transferred in the
23 case of a transfer reasonably reflects the value of the
24 amounts contributed with respect to the participants
25 whose benefits are being transferred, adjusted for allo-
•HR 925 EAH
917
1 cable distributions, investment gains and losses, and
2 administrative expenses.
3 ‘‘(b) LEGACY PLAN.—
4 ‘‘(1) IN GENERAL.—After a merger or transfer
5 involving a composite plan, the legacy plan with re-
6 spect to an employer that is obligated to contribute to
7 the resulting composite plan is the legacy plan that
8 applied to that employer immediately before the
9 merger or transfer.
10 ‘‘(2) MULTIPLE LEGACY PLANS.—If an employer
11 is obligated to contribute to more than one legacy
12 plan with respect to employees eligible to accrue bene-
13 fits under more than one composite plan and there is
14 a merger or transfer of such legacy plans, the transi-
15 tion contribution rate applicable to the legacy plan
16 resulting from the merger or transfer with respect to
17 that employer shall be determined in accordance with
18 the provisions of section 440A(d)(2)(B).’’.
19 (2) CLERICAL AMENDMENT.—The table of sub-
20 parts for part III of subchapter D of chapter 1 of the
21 Internal Revenue Code of 1986 is amended by adding
22 at the end the following new item:
‘‘SUBPART C. COMPOSITE PLANS AND LEGACY PLANS’’.
23 (c) EFFECTIVE DATE.—The amendments made by this
24 section shall apply to plan years beginning after the date
25 of the enactment of this Act.
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918
1 SEC. 103. APPLICATION OF CERTAIN REQUIREMENTS TO
2 COMPOSITE PLANS.
3 (a) AMENDMENTS TO THE EMPLOYEE RETIREMENT
4 INCOME SECURITY ACT OF 1974.—
5 (1) TREATMENT FOR PURPOSES OF FUNDING NO-
6 TICES.—Section 101(f) of the Employee Retirement
7 Income Security Act of 1974 (29 U.S.C. 1021(f)) is
8 amended—
9 (A) in paragraph (1) by striking ‘‘title IV
10 applies’’ and inserting ‘‘title IV applies or which
11 is a composite plan’’; and
12 (B) by adding at the end the following:
13 ‘‘(5) APPLICATION TO COMPOSITE PLANS.—The
14 provisions of this subsection shall apply to a com-
15 posite plan only to the extent prescribed by the Sec-
16 retary in regulations that take into account the dif-
17 ferences between a composite plan and a defined ben-
18 efit plan that is a multiemployer plan.’’.
19 (2) TREATMENT FOR PURPOSES OF ANNUAL RE-
20 PORT.—Section 103 of the Employee Retirement In-
21 come Security Act of 1974 (29 U.S.C. 1023) is
22 amended—
23 (A) in subsection (d) by adding at the end
24 the following sentence: ‘‘The provisions of this
25 subsection shall apply to a composite plan only
26 to the extent prescribed by the Secretary in regu-
•HR 925 EAH
919
1 lations that take into account the differences be-
2 tween a composite plan and a defined benefit
3 plan that is a multiemployer plan.’’;
4 (B) in subsection (f) by adding at the end
5 the following:
6 ‘‘(3) ADDITIONAL INFORMATION FOR COMPOSITE
7 PLANS.—With respect to any composite plan—
8 ‘‘(A) the provisions of paragraph (1)(A)
9 shall apply by substituting ‘current funded ratio
10 and projected funded ratio (as such terms are de-
11 fined in section 802(a)(2))’ for ‘funded percent-
12 age’ each place it appears; and
13 ‘‘(B) the provisions of paragraph (2) shall
14 apply only to the extent prescribed by the Sec-
15 retary in regulations that take into account the
16 differences between a composite plan and a de-
17 fined benefit plan that is a multiemployer
18 plan.’’; and
19 (C) by adding at the end the following:
20 ‘‘(h) COMPOSITE PLANS.—A multiemployer plan that
21 incorporates the features of a composite plan as provided
22 in section 801(b) shall be treated as a single plan for pur-
23 poses of the report required by this section, except that sepa-
24 rate financial statements and actuarial statements shall be
25 provided under paragraphs (3) and (4) of subsection (a)
•HR 925 EAH
920
1 for the defined benefit plan component and for the com-
2 posite plan component of the multiemployer plan.’’.
3 (3) TREATMENT FOR PURPOSES OF PENSION
4 BENEFIT STATEMENTS.—Section 105(a) of the Em-
5 ployee Retirement Income Security Act of 1974 (29
6 U.S.C. 1025(a)) is amended by adding at the end the
7 following:
8 ‘‘(4) COMPOSITE PLANS.—For purposes of this
9 subsection, a composite plan shall be treated as a de-
10 fined benefit plan to the extent prescribed by the Sec-
11 retary in regulations that take into account the dif-
12 ferences between a composite plan and a defined ben-
13 efit plan that is a multiemployer plan.’’.
14 (b) AMENDMENTS TO THE INTERNAL REVENUE CODE
15 OF 1986.—Section 6058 of the Internal Revenue Code of
16 1986 is amended by redesignating subsection (f) as sub-
17 section (g) and by inserting after subsection (e) the fol-
18 lowing:
19 ‘‘(f) COMPOSITE PLANS.—A multiemployer plan that
20 incorporates the features of a composite plan as provided
21 in section 437(b) shall be treated as a single plan for pur-
22 poses of the return required by this section, except that sepa-
23 rate financial statements shall be provided for the defined
24 benefit plan component and for the composite plan compo-
25 nent of the multiemployer plan.’’.
•HR 925 EAH
921
1 (c) EFFECTIVE DATE.—The amendments made by this
2 section shall apply to plan years beginning after the date
3 of the enactment of this Act.
4 SEC. 104. TREATMENT OF COMPOSITE PLANS UNDER TITLE
5 IV.
6 (a) DEFINITION.—Section 4001(a) of the Employee
7 Retirement Income Security Act of 1974 (29 U.S.C.
8 1301(a)) is amended by striking the period at the end of
9 paragraph (21) and inserting a semicolon and by adding
10 at the end the following:
11 ‘‘(22) COMPOSITE PLAN.—The term ‘composite
12 plan’ has the meaning set forth in section 801.’’.
13 (b) COMPOSITE PLANS DISREGARDED FOR CALCU-
14 LATING PREMIUMS.—Section 4006(a) of such Act (29
15 U.S.C. 1306(a)) is amended by adding at the end the fol-
16 lowing:
17 ‘‘(9) The composite plan component of a multi-
18 employer plan shall be disregarded in determining the
19 premiums due under this section from the multiem-
20 ployer plan.’’.
21 (c) COMPOSITE PLANS NOT COVERED.—Section
22 4021(b)(1) of such Act (29 U.S.C. 1321(b)(1)) is amended
23 by striking ‘‘Act’’ and inserting ‘‘Act, or a composite plan,
24 as defined in paragraph (43) of section 3 of this Act’’.
•HR 925 EAH
922
1 (d) NO WITHDRAWAL LIABILITY.—Section 4201 of
2 such Act (29 U.S.C. 1381) is amended by adding at the
3 end the following:
4 ‘‘(c) Contributions by an employer to the composite
5 plan component of a multiemployer plan shall not be taken
6 into account for any purpose under this title.’’.
7 (e) NO WITHDRAWAL LIABILITY FOR CERTAIN
8 PLANS.—Section 4201 of such Act (29 U.S.C. 1381) is fur-
9 ther amended by adding at the end the following:
10 ‘‘(d) Contributions by an employer to a multiemployer
11 plan described in the except clause of section 3(35) of this
12 Act pursuant to a collective bargaining agreement that spe-
13 cifically designates that such contributions shall be allo-
14 cated to the separate defined contribution accounts of par-
15 ticipants under the plan shall not be taken into account
16 with respect to the defined benefit portion of the plan for
17 any purpose under this title (including the determination
18 of the employer’s highest contribution rate under section
19 4219), even if, under the terms of the plan, participants
20 have the option to transfer assets in their separate defined
21 contribution accounts to the defined benefit portion of the
22 plan in return for service credit under the defined benefit
23 portion, at rates established by the plan sponsor.
24 ‘‘(e) A legacy plan created under section 805 shall be
25 deemed to have no unfunded vested benefits for purposes of
•HR 925 EAH
923
1 this part, for each plan year following a period of 5 consecu-
2 tive plan years for which—
3 ‘‘(1) the plan was fully funded within the mean-
4 ing of section 805 for at least 3 of the plan years dur-
5 ing that period, ending with a plan year for which
6 the plan is fully funded;
7 ‘‘(2) the plan had no unfunded vested benefits for
8 at least 3 of the plan years during that period, end-
9 ing with a plan year for which the plan is fully fund-
10 ed; and
11 ‘‘(3) the plan is projected to be fully funded and
12 to have no unfunded vested benefits for the following
13 four plan years.’’.
14 (f) NO WITHDRAWAL LIABILITY FOR EMPLOYERS CON-
15 TRIBUTING TO CERTAIN FULLY FUNDED LEGACY PLANS.—
16 Section 4211 of such Act (29 U.S.C. 1382) is amended by
17 adding at the end the following:
18 ‘‘(g) No amount of unfunded vested benefits shall be
19 allocated to an employer that has an obligation to con-
20 tribute to a legacy plan described in subsection (e) of section
21 4201 for each plan year for which such subsection applies.’’.
22 (g) NO OBLIGATION TO CONTRIBUTE.—Section 4212
23 of such Act (29 U.S.C. 1392) is amended by adding at the
24 end the following:
•HR 925 EAH
924
1 ‘‘(d) NO OBLIGATION TO CONTRIBUTE.—An employer
2 shall not be treated as having an obligation to contribute
3 to a multiemployer defined benefit plan within the meaning
4 of subsection (a) solely because—
5 ‘‘(1) in the case of a multiemployer plan that in-
6 cludes a composite plan component, the employer has
7 an obligation to contribute to the composite plan com-
8 ponent of the plan;
9 ‘‘(2) the employer has an obligation to contribute
10 to a composite plan that is maintained pursuant to
11 one or more collective bargaining agreements under
12 which the multiemployer defined benefit plan is or
13 previously was maintained; or
14 ‘‘(3) the employer contributes or has contributed
15 under section 805(d) to a legacy plan associated with
16 a composite plan pursuant to a collective bargaining
17 agreement but employees of that employer were not el-
18 igible to accrue benefits under the legacy plan with
19 respect to service with that employer.’’.
20 (h) NO INFERENCE.—Nothing in the amendment made
21 by subsection (e) shall be construed to create an inference
22 with respect to the treatment under title IV of the Employee
23 Retirement Income Security Act of 1974, as in effect before
24 such amendment, of contributions by an employer to a mul-
25 tiemployer plan described in the except clause of section
•HR 925 EAH
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1 3(35) of such Act that are made before the effective date
2 of subsection (e) specified in subsection (h)(2).
3 (i) EFFECTIVE DATE.—
4 (1) IN GENERAL.—Except as provided in sub-
5 paragraph (2), the amendments made by this section
6 shall apply to plan years beginning after the date of
7 the enactment of this Act.
8 (2) SPECIAL RULE FOR SECTION 414(k) MULTI-
9 EMPLOYER PLANS.—The amendment made by sub-
10 section (e) shall apply only to required contributions
11 payable for plan years beginning after the date of the
12 enactment of this Act.
13 SEC. 105. CONFORMING CHANGES.
14 (a) DEFINITIONS.—Section 3 of the Employee Retire-
15 ment Income Security Act of 1974 (29 U.S.C. 1002) is
16 amended—
17 (1) in paragraph (35), by inserting ‘‘or a com-
18 posite plan’’ after ‘‘other than an individual account
19 plan’’; and
20 (2) by adding at the end the following:
21 ‘‘(43) The term ‘composite plan’ has the meaning
22 given the term in section 801(a).’’.
23 (b) SPECIAL FUNDING RULE FOR CERTAIN LEGACY
24 PLANS.—
•HR 925 EAH
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1 (1) AMENDMENT TO EMPLOYEE RETIREMENT IN-
2 COME SECURITY ACT OF 1974.—Section 304(b) of the
3 Employee Retirement Income Security Act of 1974
4 (29 U.S.C. 1084(b)) is amended by adding at the end
5 the following:
6 ‘‘(9) SPECIAL FUNDING RULE FOR CERTAIN LEG-
7 ACY PLANS.—In the case of a multiemployer defined
8 benefit plan that has adopted an amendment under
9 section 801(b), in accordance with which no further
10 benefits shall accrue under the multiemployer defined
11 benefit plan, the plan sponsor may combine the out-
12 standing balance of all charge and credit bases and
13 amortize that combined base in level annual install-
14 ments (until fully amortized) over a period of 25 plan
15 years beginning with the plan year following the date
16 all benefit accruals ceased.’’.
17 (2) AMENDMENT TO INTERNAL REVENUE CODE
18 OF 1986.—Section 431(b) of the Internal Revenue
19 Code of 1986 is amended by adding at the end the fol-
20 lowing:
21 ‘‘(9) SPECIAL FUNDING RULE FOR CERTAIN LEG-
22 ACY PLANS.—In the case of a multiemployer defined
23 benefit plan that has adopted an amendment under
24 section 437(b), in accordance with which no further
25 benefits shall accrue under the multiemployer defined
•HR 925 EAH
927
1 benefit plan, the plan sponsor may combine the out-
2 standing balance of all charge and credit bases and
3 amortize that combined base in level annual install-
4 ments (until fully amortized) over a period of 25 plan
5 years beginning with the plan year following the date
6 on which all benefit accruals ceased.’’.
7 (c) BENEFITS AFTER MERGER, CONSOLIDATION, OR
8 TRANSFER OF ASSETS.—
9 (1) AMENDMENT TO EMPLOYEE RETIREMENT IN-
10 COME SECURITY ACT OF 1974.—Section 208 of the
11 Employee Retirement Income Security Act of 1974
12 (29 U.S.C. 1058) is amended—
13 (A) by striking so much of the first sentence
14 as precedes ‘‘may not merge’’ and inserting the
15 following:
16 ‘‘(1) IN GENERAL.—Except as provided in para-
17 graph (2), a pension plan may not merge, and’’; and
18 (B) by striking the second sentence and
19 adding at the end the following:
20 ‘‘(2) SPECIAL REQUIREMENTS FOR MULTIEM-
21 PLOYER PLANS.—Paragraph (1) shall not apply to
22 any transaction to the extent that participants either
23 before or after the transaction are covered under a
24 multiemployer plan to which title IV of this Act ap-
25 plies or a composite plan.’’.
•HR 925 EAH
928
1 (2) AMENDMENTS TO INTERNAL REVENUE CODE
2 OF 1986.—
3 (A) QUALIFICATION REQUIREMENT.—Sec-
4 tion 401(a)(12) of the Internal Revenue Code of
5 1986 is amended—
6 (i) by striking ‘‘(12) A trust’’ and in-
7 serting the following:
8 ‘‘(12) BENEFITS AFTER MERGER, CONSOLIDA-
9 TION, OR TRANSFER OF ASSETS.—
10 ‘‘(A) IN GENERAL.—Except as provided in
11 subparagraph (B), a trust’’;
12 (ii) by striking the second sentence;
13 and
14 (iii) by adding at the end the fol-
15 lowing:
16 ‘‘(B) SPECIAL REQUIREMENTS FOR MULTI-
17 EMPLOYER PLANS.—Subparagraph (A) shall not
18 apply to any multiemployer plan with respect to
19 any transaction to the extent that participants
20 either before or after the transaction are covered
21 under a multiemployer plan to which title IV of
22 the Employee Retirement Income Security Act of
23 1974 applies or a composite plan.’’.
•HR 925 EAH
929
1 (B) ADDITIONAL QUALIFICATION REQUIRE-
2 MENT.—Paragraph (1) of section 414(l) of such
3 Code is amended—
4 (i) by striking ‘‘(1) IN GENERAL’’ and
5 all that follows through ‘‘shall not con-
6 stitute’’ and inserting the following:
7 ‘‘(1) BENEFIT PROTECTIONS: MERGER, CONSOLI-
8 DATION, TRANSFER.—
9 ‘‘(A) IN GENERAL.—Except as provided in
10 subparagraph (B), a trust which forms a part of
11 a plan shall not constitute’’; and
12 (ii) by striking the second sentence;
13 and
14 (iii) by adding at the end the fol-
15 lowing:
16 ‘‘(B) SPECIAL REQUIREMENTS FOR MULTI-
17 EMPLOYER PLANS.—Subparagraph (A) does not
18 apply to any multiemployer plan with respect to
19 any transaction to the extent that participants
20 either before or after the transaction are covered
21 under a multiemployer plan to which title IV of
22 the Employee Retirement Income Security Act of
23 1974 applies or a composite plan.’’.
24 (d) REQUIREMENTS FOR STATUS AS A QUALIFIED
25 PLAN.—
•HR 925 EAH
930
1 (1) REQUIREMENT THAT ACTUARIAL ASSUMP-
2 TIONS BE SPECIFIED.—Section 401(a)(25) of the In-
3 ternal Revenue Code of 1986 is amended by inserting
4 ‘‘(in the case of a composite plan, benefits objectively
5 calculated pursuant to a formula)’’ after ‘‘definitely
6 determinable benefits’’.
7 (2) MISSING PARTICIPANTS IN TERMINATING
8 COMPOSITE PLAN.—Section 401(a)(34) of the Internal
9 Revenue Code of 1986 is amended by striking ‘‘, a
10 trust’’ and inserting ‘‘or a composite plan, a trust’’.
11 (e) DEDUCTION FOR CONTRIBUTIONS TO A QUALIFIED
12 PLAN.—Section 404(a)(1) of the Internal Revenue Code of
13 1986 is amended by redesignating subparagraph (E) as
14 subparagraph (F) and by inserting after subparagraph (D)
15 the following:
16 ‘‘(E) COMPOSITE PLANS.—
17 ‘‘(i) IN GENERAL.—In the case of a
18 composite plan, subparagraph (D) shall not
19 apply and the maximum amount deductible
20 for a plan year shall be the excess (if any)
21 of—
22 ‘‘(I) 160 percent of the greater
23 of—
24 ‘‘(aa) the current liability of
25 the plan determined in accordance
•HR 925 EAH
931
1 with the principles of section
2 431(c)(6)(D), or
3 ‘‘(bb) the present value of
4 plan liabilities as determined
5 under section 438, over
6 ‘‘(II) the fair market value of the
7 plan’s assets, projected to the end of the
8 plan year.
9 ‘‘(ii) SPECIAL RULES FOR PREDE-
10 CESSOR MULTIEMPLOYER PLAN TO COM-
11 POSITE PLAN.—
12 ‘‘(I) IN GENERAL.—Except as pro-
13 vided in subclause (II), if an employer
14 contributes to a composite plan with
15 respect to its employees, contributions
16 by that employer to a multiemployer
17 defined benefit plan with respect to
18 some or all of the same group of em-
19 ployees shall be deductible under sec-
20 tions 162 and this section, subject to
21 the limits in subparagraph (D).
22 ‘‘(II) TRANSITION CONTRIBU-
23 TION.—The full amount of a contribu-
24 tion to satisfy the transition contribu-
25 tion requirement (as defined in section
•HR 925 EAH
932
1 440A(d)) and allocated to the legacy
2 defined benefit plan for the plan year
3 shall be deductible for the employer’s
4 taxable year ending with or within the
5 plan year.’’.
6 (f) MINIMUM VESTING STANDARDS.—
7 (1) YEARS OF SERVICE UNDER COMPOSITE
8 PLANS.—
9 (A) EMPLOYEE RETIREMENT INCOME SECU-
10 RITY ACT OF 1974.—Section 203 of the Employee
11 Retirement Income Security Act of 1974 (29
12 U.S.C. 1053) is amended by inserting after sub-
13 section (f) the following:
14 ‘‘(g) SPECIAL RULES FOR COMPUTING YEARS OF
15 SERVICE UNDER COMPOSITE PLANS.—
16 ‘‘(1) IN GENERAL.—In determining a qualified
17 employee’s years of service under a composite plan for
18 purposes of this section, the employee’s years of serv-
19 ice under a legacy plan shall be treated as years of
20 service earned under the composite plan. For purposes
21 of such determination, a composite plan shall not be
22 treated as a defined benefit plan pursuant to section
23 801(d).
24 ‘‘(2) QUALIFIED EMPLOYEE.—For purposes of
25 this subsection, an employee is a qualified employee
•HR 925 EAH
933
1 if the employee first completes an hour of service
2 under the composite plan (determined without regard
3 to the provisions of this subsection) within the 12-
4 month period immediately preceding or the 24-month
5 period immediately following the date the employee
6 ceased to accrue benefits under the legacy plan.
7 ‘‘(3) CERTIFICATION OF YEARS OF SERVICE.—
8 For purposes of paragraph (1), the plan sponsor of
9 the composite plan shall rely on a written certifi-
10 cation by the plan sponsor of the legacy plan of the
11 years of service the qualified employee completed
12 under the defined benefit plan as of the date the em-
13 ployee satisfies the requirements of paragraph (2),
14 disregarding any years of service that had been for-
15 feited under the rules of the defined benefit plan before
16 that date.
17 ‘‘(h) SPECIAL RULES FOR COMPUTING YEARS OF
18 SERVICE UNDER LEGACY PLANS.—
19 ‘‘(1) IN GENERAL.—In determining a qualified
20 employee’s years of service under a legacy plan for
21 purposes of this section, and in addition to any serv-
22 ice under applicable regulations, the employee’s years
23 of service under a composite plan shall be treated as
24 years of service earned under the legacy plan. For
25 purposes of such determination, a composite plan
•HR 925 EAH
934
1 shall not be treated as a defined benefit plan pursu-
2 ant to section 801(d).
3 ‘‘(2) QUALIFIED EMPLOYEE.—For purposes of
4 this subsection, an employee is a qualified employee
5 if the employee first completes an hour of service
6 under the composite plan (determined without regard
7 to the provisions of this subsection) within the 12-
8 month period immediately preceding or the 24-month
9 period immediately following the date the employee
10 ceased to accrue benefits under the legacy plan.
11 ‘‘(3) CERTIFICATION OF YEARS OF SERVICE.—
12 For purposes of paragraph (1), the plan sponsor of
13 the legacy plan shall rely on a written certification
14 by the plan sponsor of the composite plan of the years
15 of service the qualified employee completed under the
16 composite plan after the employee satisfies the re-
17 quirements of paragraph (2), disregarding any years
18 of service that has been forfeited under the rules of the
19 composite plan.’’.
20 (B) INTERNAL REVENUE CODE OF 1986.—
21 Section 411(a) of the Internal Revenue Code of
22 1986 is amended by adding at the end the fol-
23 lowing:
24 ‘‘(14) SPECIAL RULES FOR DETERMINING YEARS
25 OF SERVICE UNDER COMPOSITE PLANS.—
•HR 925 EAH
935
1 ‘‘(A) IN GENERAL.—In determining a
2 qualified employee’s years of service under a
3 composite plan for purposes of this subsection,
4 the employee’s years of service under a legacy
5 plan shall be treated as years of service earned
6 under the composite plan. For purposes of such
7 determination, a composite plan shall not be
8 treated as a defined benefit plan pursuant to sec-
9 tion 437(d).
10 ‘‘(B) QUALIFIED EMPLOYEE.—For purposes
11 of this paragraph, an employee is a qualified
12 employee if the employee first completes an hour
13 of service under the composite plan (determined
14 without regard to the provisions of this para-
15 graph) within the 12-month period immediately
16 preceding or the 24-month period immediately
17 following the date the employee ceased to accrue
18 benefits under the legacy plan.
19 ‘‘(C) CERTIFICATION OF YEARS OF SERV-
20 ICE.—For purposes of subparagraph (A), the
21 plan sponsor of the composite plan shall rely on
22 a written certification by the plan sponsor of the
23 legacy plan of the years of service the qualified
24 employee completed under the legacy plan as of
25 the date the employee satisfies the requirements
•HR 925 EAH
936
1 of subparagraph (B), disregarding any years of
2 service that had been forfeited under the rules of
3 the defined benefit plan before that date.
4 ‘‘(15) SPECIAL RULES FOR COMPUTING YEARS OF
5 SERVICE UNDER LEGACY PLANS.—
6 ‘‘(A) IN GENERAL.—In determining a
7 qualified employee’s years of service under a leg-
8 acy plan for purposes of this section, and in ad-
9 dition to any service under applicable regula-
10 tions, the employee’s years of service under a
11 composite plan shall be treated as years of serv-
12 ice earned under the legacy plan. For purposes
13 of such determination, a composite plan shall
14 not be treated as a defined benefit plan pursuant
15 to section 437(d).
16 ‘‘(B) QUALIFIED EMPLOYEE.—For purposes
17 of this paragraph, an employee is a qualified
18 employee if the employee first completes an hour
19 of service under the composite plan (determined
20 without regard to the provisions of this para-
21 graph) within the 12-month period immediately
22 preceding or the 24-month period immediately
23 following the date the employee ceased to accrue
24 benefits under the legacy plan.
•HR 925 EAH
937
1 ‘‘(C) CERTIFICATION OF YEARS OF SERV-
2 ICE.—For purposes of subparagraph (A), the
3 plan sponsor of the legacy plan shall rely on a
4 written certification by the plan sponsor of the
5 composite plan of the years of service the quali-
6 fied employee completed under the composite
7 plan after the employee satisfies the requirements
8 of subparagraph (B), disregarding any years of
9 service that has been forfeited under the rules of
10 the composite plan.’’.
11 (2) REDUCTION OF BENEFITS.—
12 (A) EMPLOYEE RETIREMENT INCOME SECU-
13 RITY ACT OF 1974.—Section 203(a)(3)(E)(ii) of
14 the Employee Retirement Income Security Act of
15 1974 (29 U.S.C. 1053(a)(3)(E)(ii)) is amend-
16 ed—
17 (i) in subclause (I) by striking
18 ‘‘4244A’’ and inserting ‘‘305(e), 803,’’; and
19 (ii) in subclause (II) by striking
20 ‘‘4245’’ and inserting ‘‘305(e), 4245,’’.
21 (B) INTERNAL REVENUE CODE OF 1986.—
22 Section 411(a)(3)(F) of the Internal Revenue
23 Code of 1986 is amended—
24 (i) in clause (i) by striking ‘‘section
25 418D or under section 4281 of the Em-
•HR 925 EAH
938
1 ployee Retirement Income Security Act of
2 1974’’ and inserting ‘‘section 432(e) or 439
3 or under section 4281 of the Employee Re-
4 tirement Income Security Act of 1974’’; and
5 (ii) in clause (ii) by inserting ‘‘or
6 432(e)’’ after ‘‘section 418E’’.
7 (3) ACCRUED BENEFIT REQUIREMENTS.—
8 (A) EMPLOYEE RETIREMENT INCOME SECU-
9 RITY ACT OF 1974.—Section 204(b)(1)(B)(i) of
10 the Employee Retirement Income Security Act of
11 1974 (29 U.S.C. 1054(b)(1)(B)(i)) is amended by
12 inserting ‘‘, including an amendment reducing
13 or suspending benefits under section 305(e), 803,
14 4245 or 4281,’’ after ‘‘any amendment to the
15 plan’’.
16 (B) INTERNAL REVENUE CODE OF 1986.—
17 Section 411(b)(1)(B)(i) of the Internal Revenue
18 Code of 1986 is amended by inserting ‘‘, includ-
19 ing an amendment reducing or suspending bene-
20 fits under section 418E, 432(e) or 439, or under
21 section 4281 of the Employee Retirement Income
22 Security Act of 1974,’’ after ‘‘any amendment to
23 the plan’’.
24 (4) ADDITIONAL ACCRUED BENEFIT REQUIRE-
25 MENTS.—
•HR 925 EAH
939
1 (A) EMPLOYEE RETIREMENT INCOME SECU-
2 RITY ACT OF 1974.—Section 204(b)(1)(H)(v) of
3 the Employee Retirement Income Security Act of
4 1974 (29 U.S.C. 1053(b)(1)(H)(v)) is amended
5 by inserting before the period at the end the fol-
6 lowing: ‘‘, or benefits are reduced or suspended
7 under section 305(e), 803, 4245, or 4281’’.
8 (B) INTERNAL REVENUE CODE OF 1986.—
9 Section 411(b)(1)(H)(iv) of the Internal Revenue
10 Code of 1986 is amended—
11 (i) in the heading by striking ‘‘BEN-
12 EFIT’’ and inserting ‘‘BENEFIT AND THE
13 SUSPENSION AND REDUCTION OF CERTAIN
14 BENEFITS’’; and
15 (ii) in the text by inserting before the
16 period at the end the following: ‘‘, or bene-
17 fits are reduced or suspended under section
18 418E, 432(e), or 439, or under section 4281
19 of the Employee Retirement Income Secu-
20 rity Act of 1974’’.
21 (5) ACCRUED BENEFIT NOT TO BE DECREASED
22 BY AMENDMENT.—
23 (A) EMPLOYEE RETIREMENT INCOME SECU-
24 RITY ACT OF 1974.—Section 204(g)(1) of the Em-
25 ployee Retirement Income Security Act of 1974
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1 (29 U.S.C. 1053(g)(1)) is amended by inserting
2 after ‘‘302(d)(2)’’ the following: ‘‘, 305(e), 803,
3 4245,’’.
4 (B) INTERNAL REVENUE CODE OF 1986.—
5 Section 411(d)(6)(A) of the Internal Revenue
6 Code of 1986 is amended by inserting after
7 ‘‘412(d)(2),’’ the following: ‘‘418E, 432(e), or
8 439,’’.
9 (g) CERTAIN FUNDING RULES NOT APPLICABLE.—
10 (1) EMPLOYEE RETIREMENT INCOME SECURITY
11 ACT OF 1974.—Section 305 of the Employee Retire-
12 ment Income Security Act of 1974 (29 U.S.C. 1085)
13 is amended by adding at the end the following:
14 ‘‘(k) LEGACY PLANS.—Sections 302, 304, and 305
15 shall not apply to an employer that has an obligation to
16 contribute to a plan that is a legacy plan within the mean-
17 ing of section 805(a) solely because the employer has an
18 obligation to contribute to a composite plan described in
19 section 801 that is associated with that legacy plan.’’.
20 (2) INTERNAL REVENUE CODE OF 1986.—Section
21 432 of the Internal Revenue Code of 1986 is amended
22 by adding at the end the following:
23 ‘‘(k) LEGACY PLANS.—Sections 412, 431, and 432
24 shall not apply to an employer that has an obligation to
25 contribute to a plan that is a legacy plan within the mean-
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1 ing of section 440A(a) solely because the employer has an
2 obligation to contribute to a composite plan described in
3 section 437 that is associated with that legacy plan.’’.
4 (h) TERMINATION OF COMPOSITE PLAN.—Section
5 403(d) of the Employee Retirement Income Security Act of
6 1974 (29 U.S.C. 1103(d) is amended—
7 (1) in paragraph (1), by striking ‘‘regulations of
8 the Secretary.’’ and inserting ‘‘regulations of the Sec-
9 retary, or as provided in paragraph (3).’’; and
10 (2) by adding at the end the following:
11 ‘‘(3) Section 4044(a) of this Act shall be applied
12 in the case of the termination of a composite plan
13 by—
14 ‘‘(A) limiting the benefits subject to para-
15 graph (3) thereof to benefits as defined in section
16 802(b)(3)(B); and
17 ‘‘(B) including in the benefits subject to
18 paragraph (4) all other benefits (if any) of indi-
19 viduals under the plan that would be guaranteed
20 under section 4022A if the plan were subject to
21 title IV.’’.
22 (i) GOOD FAITH COMPLIANCE PRIOR TO GUIDANCE.—
23 Where the implementation of any provision of law added
24 or amended by this division is subject to issuance of regula-
25 tions by the Secretary of Labor, the Secretary of the Treas-
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1 ury, or the Pension Benefit Guaranty Corporation, a multi-
2 employer plan shall not be treated as failing to meet the
3 requirements of any such provision prior to the issuance
4 of final regulations or other guidance to carry out such pro-
5 vision if such plan is operated in accordance with a reason-
6 able, good faith interpretation of such provision.
7 SEC. 106. EFFECTIVE DATE.
8 Unless otherwise specified, the amendments made by
9 this division shall apply to plan years beginning after the
10 date of the enactment of this Act.
11 DIVISION I—CONTINUED ASSIST-
12 ANCE TO UNEMPLOYED
13 WORKERS
14 TITLE I—EXTENSIONS OF CARES
15 ACT UNEMPLOYMENT BENE-
16 FITS FOR WORKERS
17 SEC. 101. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY-
18 MENT COMPENSATION.
19 (a) IN GENERAL.—Section 2104(e) of the CARES Act
20 (Public Law 116–136) is amended to read as follows:
21 ‘‘(e) APPLICABILITY.—
22 ‘‘(1) IN GENERAL.—An agreement entered into
23 under this section shall apply—
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1 ‘‘(A) to weeks of unemployment beginning
2 after the date on which such agreement is entered
3 into and ending on or before July 31, 2020; and
4 ‘‘(B) to weeks of unemployment beginning
5 after September 5, 2020 (or, if later, the date on
6 which such agreement is entered into) and end-
7 ing on or before January 31, 2021.
8 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE-
9 MAINING ENTITLED TO REGULAR COMPENSATION AS
10 OF JANUARY 31, 2021.—In the case of any individual
11 who, as of the date specified in paragraph (1)(B), has
12 not yet exhausted all rights to regular compensation
13 under the State law of a State with respect to a ben-
14 efit year that began before such date, Federal Pan-
15 demic Unemployment Compensation shall continue to
16 be payable to such individual for any week beginning
17 on or after such date for which the individual is oth-
18 erwise eligible for regular compensation with respect
19 to such benefit year.
20 ‘‘(3) TERMINATION.—Notwithstanding any other
21 provision of this subsection, no Federal Pandemic
22 Unemployment Compensation shall be payable for
23 any week beginning after March 31, 2021.’’.
24 (b) LIMITATION ON APPLICATION OF TRANSITION
25 RULE.—Section 2104(g) of such Act is amended by insert-
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1 ing ‘‘(except for subsection (e)(2))’’ after ‘‘the preceding pro-
2 visions of this section’’.
3 (c) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY-
4 MENT COMPENSATION FOR CERTAIN PURPOSES.—Section
5 2104(h) of such Act is amended to read as follows:
6 ‘‘(h) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY-
7 MENT COMPENSATION FOR PURPOSES OF ALL FEDERAL
8 AND FEDERALLY ASSISTED PROGRAMS.—A Federal Pan-
9 demic Unemployment Compensation payment shall not be
10 regarded as income and shall not be regarded as a resource
11 for the month of receipt and the following 9 months, for
12 purposes of determining the eligibility of the recipient (or
13 the recipient’s spouse or family) for benefits or assistance,
14 or the amount or extent of benefits or assistance, under any
15 Federal program or under any State or local program fi-
16 nanced in whole or in part with Federal funds.’’.
17 (d) EFFECTIVE DATE.—The amendments made by this
18 section shall take effect as if included in the enactment of
19 the CARES Act (Public Law 116–136).
20 SEC. 102. EXTENSION OF PANDEMIC UNEMPLOYMENT AS-
21 SISTANCE.
22 Section 2102(c) of the CARES Act (15 U.S.C. 9021(c))
23 is amended by striking ‘‘December 31, 2020’’ and inserting
24 ‘‘January 31, 2021’’.
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1 SEC. 103. EXTENSION OF PANDEMIC EMERGENCY UNEM-
2 PLOYMENT COMPENSATION.
3 Section 2107(g)(2) of the CARES Act (15 U.S.C.
4 9025(g)(2)) is amended by striking ‘‘December 31, 2020’’
5 and inserting ‘‘January 31, 2021’’.
6 SEC. 104. EXTENSION OF TEMPORARY FINANCING OF
7 SHORT-TIME COMPENSATION PAYMENTS IN
8 STATES WITH PROGRAMS IN LAW.
9 Section 2108(b)(2) of the CARES Act (15 U.S.C.
10 9026(b)(2)) is amended by striking ‘‘December 31, 2020’’
11 and inserting ‘‘January 31, 2021’’.
12 SEC. 105. EXTENSION OF TEMPORARY FINANCING OF
13 SHORT-TIME COMPENSATION AGREEMENTS.
14 Section 2109(d)(2) of the CARES Act (15 U.S.C.
15 9027(d)(2)) is amended by striking ‘‘December 31, 2020’’
16 and inserting ‘‘January 31, 2021’’.
17 SEC. 106. EXTENSION OF FULL FEDERAL FUNDING OF THE
18 FIRST WEEK OF COMPENSABLE REGULAR UN-
19 EMPLOYMENT FOR STATES WITH NO WAITING
20 WEEK.
21 Section 2105(e)(2) of the CARES Act (15 U.S.C.
22 9024(e)(2)) is amended by striking ‘‘December 31, 2020’’
23 and inserting ‘‘January 31, 2021’’.
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1 TITLE II—ADDITIONAL WEEKS
2 OF BENEFIT ELIGIBILITY
3 SEC. 201. ADDITIONAL WEEKS.
4 Subtitle A of title II of division A of the CARES Act
5 (15 U.S.C. 9021 et seq.) is amended by inserting after sec-
6 tion 2107 the following:
7 ‘‘SEC. 2107A. PANDEMIC EMERGENCY UNEMPLOYMENT EX-
8 TENSION COMPENSATION.
9 ‘‘(a) FEDERAL-STATE AGREEMENTS.—
10 ‘‘(1) IN GENERAL.—Any State which desires to
11 do so may enter into and participate in an agreement
12 under this section with the Secretary of Labor (in this
13 section referred to as the ‘Secretary’). Any State
14 which is a party to an agreement under this section
15 may, upon providing 30 days’ written notice to the
16 Secretary, terminate such agreement.
17 ‘‘(2) PROVISIONS OF AGREEMENT.—Any agree-
18 ment under paragraph (1) shall provide that the
19 State agency of the State will make payments (in this
20 section referred to as ‘pandemic emergency unemploy-
21 ment extension compensation’) to individuals who—
22 ‘‘(A) have exhausted all rights to regular
23 compensation, extended compensation, pandemic
24 unemployment assistance under section 2102,
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1 and pandemic emergency unemployment com-
2 pensation under section 2107;
3 ‘‘(B) have no rights to any benefit specified
4 in subparagraph (A) or to compensation under
5 any other Federal law or under the unemploy-
6 ment compensation law of Canada; and
7 ‘‘(C) are able to work, available to work,
8 and actively seeking work.
9 ‘‘(3) EXHAUSTION OF BENEFITS.—For purposes
10 of paragraph (2)(A), an individual shall be deemed to
11 have exhausted such individual’s rights to benefits
12 specified in subparagraph (A) when—
13 ‘‘(A) no payments of such benefits can be
14 made because such individual has received all
15 such benefits available to such individual based
16 on employment or wages during such individ-
17 ual’s base period; or
18 ‘‘(B) such individual’s rights to such bene-
19 fits have been terminated by reason of the expi-
20 ration of the benefit year with respect to which
21 such rights existed.
22 ‘‘(4) WEEKLY BENEFIT AMOUNT, ETC.—For pur-
23 poses of any agreement under this section—
24 ‘‘(A) the amount of pandemic emergency
25 unemployment extension compensation which
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1 shall be payable to any individual for any week
2 of total unemployment shall be equal to—
3 ‘‘(i) the amount of the base compensa-
4 tion (including any dependents’ allowances)
5 payable to such individual during such in-
6 dividual’s benefit year under the State law
7 for a week of total unemployment; and
8 ‘‘(ii) the amount of Federal Pandemic
9 Unemployment Compensation under section
10 2104;
11 ‘‘(B) the terms and conditions of the State
12 law which apply to claims for regular compensa-
13 tion and to the payment thereof (including terms
14 and conditions relating to availability for work,
15 active search for work, and refusal to accept
16 work) shall apply to claims for pandemic emer-
17 gency unemployment extension compensation
18 and the payment thereof, except where otherwise
19 inconsistent with the provisions of this section or
20 with the regulations or operating instructions of
21 the Secretary promulgated to carry out this sec-
22 tion;
23 ‘‘(C) the maximum amount of pandemic
24 emergency unemployment extension compensa-
25 tion payable to any individual for whom a pan-
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1 demic emergency unemployment extension com-
2 pensation account is established under subsection
3 (b) shall not exceed the amount established in
4 such account for such individual; and
5 ‘‘(D) the allowable methods of payment
6 under section 2104(b)(2) shall apply to pay-
7 ments of amounts described in subparagraph
8 (A)(ii).
9 ‘‘(5) NONREDUCTION RULE.—
10 ‘‘(A) IN GENERAL.—An agreement under
11 this section shall not apply (or shall cease to
12 apply) with respect to a State upon a deter-
13 mination by the Secretary that the method gov-
14 erning the computation of regular compensation
15 under the State law of that State has been modi-
16 fied in a manner such that the number of weeks
17 (the maximum benefit entitlement), or the aver-
18 age weekly benefit amount, of regular compensa-
19 tion which will be payable during the period of
20 the agreement will be less than the number of
21 weeks, or the average weekly benefit amount, of
22 the average weekly benefit amount of regular
23 compensation which would otherwise have been
24 payable during such period under the State law,
25 as in effect on January 1, 2020.
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1 ‘‘(B) MAXIMUM BENEFIT ENTITLEMENT.—
2 In subparagraph (A), the term ‘maximum ben-
3 efit entitlement’ means the amount of regular
4 compensation payable to an individual with re-
5 spect to the individual’s benefit year.
6 ‘‘(6) ACTIVELY SEEKING WORK.—
7 ‘‘(A) IN GENERAL.—For purposes of para-
8 graph (2)(C), the term ‘actively seeking work’
9 means, with respect to any individual, that such
10 individual—
11 ‘‘(i) is registered for employment serv-
12 ices in such a manner and to such extent as
13 prescribed by the State agency;
14 ‘‘(ii) has engaged in an active search
15 for employment that is appropriate in light
16 of the employment available in the labor
17 market, the individual’s skills and capabili-
18 ties, and includes a number of employer
19 contacts that is consistent with the stand-
20 ards communicated to the individual by the
21 State;
22 ‘‘(iii) has maintained a record of such
23 work search, including employers contacted,
24 method of contact, and date contacted; and
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1 ‘‘(iv) when requested, has provided
2 such work search record to the State agency.
3 ‘‘(B) FLEXIBILITY.—Notwithstanding the
4 requirements under subparagraph (A) and para-
5 graph (2)(C), a State shall provide flexibility in
6 meeting such requirements in case of individuals
7 unable to search for work because of COVID–19,
8 including because of illness, quarantine, or move-
9 ment restriction.
10 ‘‘(b) PANDEMIC EMERGENCY UNEMPLOYMENT COM-
11 PENSATION ACCOUNT.—
12 ‘‘(1) IN GENERAL.—Any agreement under this
13 section shall provide that the State will establish, for
14 each eligible individual who files an application for
15 pandemic emergency unemployment extension com-
16 pensation, a pandemic emergency unemployment ex-
17 tension compensation account with respect to such in-
18 dividual’s benefit year.
19 ‘‘(2) AMOUNT IN ACCOUNT.—The amount estab-
20 lished in an account under subsection (a) shall be
21 equal to 13 times the individual’s average weekly ben-
22 efit amount, which includes the amount of Federal
23 Pandemic Unemployment Compensation under sec-
24 tion 2104, for the benefit year.
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1 ‘‘(3) WEEKLY BENEFIT AMOUNT.—For purposes
2 of this subsection, an individual’s weekly benefit
3 amount for any week is the amount of base compensa-
4 tion (including any dependents’ allowances) under the
5 State law payable to such individual for such week
6 for total unemployment plus the amount of Federal
7 Pandemic Unemployment Compensation under sec-
8 tion 2104.
9 ‘‘(c) PAYMENTS TO STATES HAVING AGREEMENTS FOR
10 THE PAYMENT OF PANDEMIC EMERGENCY UNEMPLOYMENT
11 EXTENSION COMPENSATION.—
12 ‘‘(1) IN GENERAL.—There shall be paid to each
13 State that has entered into an agreement under this
14 section an amount equal to 100 percent of the pan-
15 demic emergency unemployment extension compensa-
16 tion paid to individuals by the State pursuant to
17 such agreement.
18 ‘‘(2) TREATMENT OF REIMBURSABLE COMPENSA-
19 TION.—No payment shall be made to any State under
20 this section in respect of any compensation to the ex-
21 tent the State is entitled to reimbursement in respect
22 of such compensation under the provisions of any
23 Federal law other than this section or chapter 85 of
24 title 5, United States Code. A State shall not be enti-
25 tled to any reimbursement under such chapter 85 in
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1 respect of any compensation to the extent the State is
2 entitled to reimbursement under this section in re-
3 spect of such compensation.
4 ‘‘(3) DETERMINATION OF AMOUNT.—Sums pay-
5 able to any State by reason of such State having an
6 agreement under this section shall be payable, either
7 in advance or by way of reimbursement (as may be
8 determined by the Secretary), in such amounts as the
9 Secretary estimates the State will be entitled to re-
10 ceive under this section for each calendar month, re-
11 duced or increased, as the case may be, by any
12 amount by which the Secretary finds that the Sec-
13 retary’s estimates for any prior calendar month were
14 greater or less than the amounts which should have
15 been paid to the State. Such estimates may be made
16 on the basis of such statistical, sampling, or other
17 method as may be agreed upon by the Secretary and
18 the State agency of the State involved.
19 ‘‘(d) FINANCING PROVISIONS.—
20 ‘‘(1) COMPENSATION.—
21 ‘‘(A) IN GENERAL.—Funds in the extended
22 unemployment compensation account (as estab-
23 lished by section 905(a) of the Social Security
24 Act (42 U.S.C. 1105(a)) of the Unemployment
25 Trust Fund (as established by section 904(a) of
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1 such Act (42 U.S.C. 1104(a)) shall be used for
2 the making of payments to States having agree-
3 ments entered into under this section.
4 ‘‘(B) TRANSFER OF FUNDS.—Notwith-
5 standing any other provision of law, the Sec-
6 retary of the Treasury shall transfer from the
7 general fund of the Treasury (from funds not
8 otherwise appropriated) to the extended unem-
9 ployment compensation account such sums as the
10 Secretary of Labor estimates to be necessary to
11 make payments described in subparagraph (A).
12 There are appropriated from the general fund of
13 the Treasury, without fiscal year limitation, the
14 sums referred to in the preceding sentence and
15 such sums shall not be required to be repaid.
16 ‘‘(2) ADMINISTRATION.—
17 ‘‘(A) IN GENERAL.—There are appropriated
18 out of the employment security administration
19 account (as established by section 901(a) of the
20 Social Security Act (42 U.S.C. 1101(a)) of the
21 Unemployment Trust Fund, without fiscal year
22 limitation, such funds as may be necessary for
23 purposes of assisting States (as provided in title
24 III of the Social Security Act (42 U.S.C. 501 et
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1 seq.)) in meeting the costs of administration of
2 agreements under this section.
3 ‘‘(B) TRANSFER OF FUNDS.—Notwith-
4 standing any other provision of law, the Sec-
5 retary of the Treasury shall transfer from the
6 general fund of the Treasury (from funds not
7 otherwise appropriated) to the employment secu-
8 rity administration account such sums as the
9 Secretary of Labor estimates to be necessary to
10 make payments described in subparagraph (A).
11 There are appropriated from the general fund of
12 the Treasury, without fiscal year limitation, the
13 sums referred to in the preceding sentence and
14 such sums shall not be required to be repaid.
15 ‘‘(3) CERTIFICATION.—The Secretary shall from
16 time to time certify to the Secretary of the Treasury
17 for payment to each State the sums payable to such
18 State under this subsection. The Secretary of the
19 Treasury, prior to audit or settlement by the Govern-
20 ment Accountability Office, shall make payments to
21 the State in accordance with such certification, by
22 transfers from the extended unemployment compensa-
23 tion account (as so established) to the account of such
24 State in the Unemployment Trust Fund (as so estab-
25 lished).
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1 ‘‘(e) FRAUD AND OVERPAYMENTS.—
2 ‘‘(1) IN GENERAL.—If an individual knowingly
3 has made, or caused to be made by another, a false
4 statement or representation of a material fact, or
5 knowingly has failed, or caused another to fail, to dis-
6 close a material fact, and as a result of such false
7 statement or representation or of such nondisclosure
8 such individual has received an amount of pandemic
9 emergency unemployment extension compensation
10 under this section to which such individual was not
11 entitled, such individual—
12 ‘‘(A) shall be ineligible for further pandemic
13 emergency unemployment extension compensa-
14 tion under this section in accordance with the
15 provisions of the applicable State unemployment
16 compensation law relating to fraud in connec-
17 tion with a claim for unemployment compensa-
18 tion; and
19 ‘‘(B) shall be subject to prosecution under
20 section 1001 of title 18, United States Code.
21 ‘‘(2) REPAYMENT.—In the case of individuals
22 who have received amounts of pandemic emergency
23 unemployment extension compensation under this sec-
24 tion to which they were not entitled, the State shall
25 require such individuals to repay the amounts of such
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1 pandemic emergency unemployment extension com-
2 pensation to the State agency, except that the State
3 agency may waive such repayment if it determines
4 that—
5 ‘‘(A) the payment of such pandemic emer-
6 gency unemployment extension compensation
7 was without fault on the part of any such indi-
8 vidual; and
9 ‘‘(B) such repayment would be contrary to
10 equity and good conscience.
11 ‘‘(3) RECOVERY BY STATE AGENCY.—
12 ‘‘(A) IN GENERAL.—The State agency shall
13 recover the amount to be repaid, or any part
14 thereof, by deductions from any pandemic emer-
15 gency unemployment extension compensation
16 payable to such individual under this section or
17 from any unemployment compensation payable
18 to such individual under any State or Federal
19 unemployment compensation law administered
20 by the State agency or under any other State or
21 Federal law administered by the State agency
22 which provides for the payment of any assistance
23 or allowance with respect to any week of unem-
24 ployment, during the 3-year period after the date
25 such individuals received the payment of the
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1 pandemic emergency unemployment extension
2 compensation to which they were not entitled, in
3 accordance with the same procedures as apply to
4 the recovery of overpayments of regular unem-
5 ployment benefits paid by the State.
6 ‘‘(B) OPPORTUNITY FOR HEARING.—No re-
7 payment shall be required, and no deduction
8 shall be made, until a determination has been
9 made, notice thereof and an opportunity for a
10 fair hearing has been given to the individual,
11 and the determination has become final.
12 ‘‘(4) REVIEW.—Any determination by a State
13 agency under this section shall be subject to review in
14 the same manner and to the same extent as deter-
15 minations under the State unemployment compensa-
16 tion law, and only in that manner and to that extent.
17 ‘‘(f) DEFINITIONS.—In this section—
18 ‘‘(1) the terms ‘compensation’, ‘regular com-
19 pensation’, ‘extended compensation’, ‘benefit year’,
20 ‘base period’, ‘State’, ‘State agency’, ‘State law’, and
21 ‘week’ have the respective meanings given such terms
22 under section 205 of the Federal-State Extended Un-
23 employment Compensation Act of 1970 (26 U.S.C.
24 3304 note); and
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1 ‘‘(2) the term ‘base compensation’ means, as ap-
2 plicable—
3 ‘‘(A) regular compensation; or
4 ‘‘(B) pandemic unemployment assistance
5 under section 2102.
6 ‘‘(g) APPLICABILITY.—An agreement entered into
7 under this section shall apply to weeks of unemployment—
8 ‘‘(1) beginning after the date on which such
9 agreement is entered into; and
10 ‘‘(2) ending on or before January 31, 2021.’’.
11 TITLE III—CLARIFICATIONS AND
12 IMPROVEMENTS TO PAN-
13 DEMIC UNEMPLOYMENT AS-
14 SISTANCE
15 SEC. 301. CLARIFICATION OF PANDEMIC UNEMPLOYMENT
16 ASSISTANCE ELIGIBILITY FOR PRIMARY
17 CAREGIVING.
18 (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I)(dd) of
19 the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(dd)) is
20 amended by striking ‘‘that is closed as a direct result of
21 the COVID–19 public health emergency’’ and inserting ‘‘be-
22 cause the school or facility is closed or only partially re-
23 opened due to COVID–19, because child or family care is
24 not available or affordable during the hours work is avail-
25 able due to COVID–19, or because physical attendance at
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1 the school or facility presents an unacceptable health risk
2 for the household or the individual in need of care due to
3 COVID–19,’’.
4 (b) EFFECTIVE DATE.—The amendment made by sub-
5 section (a) shall take effect upon the date of the enactment
6 of this Act.
7 SEC. 302. WAIVER AUTHORITY FOR CERTAIN OVERPAY-
8 MENTS OF PANDEMIC UNEMPLOYMENT AS-
9 SISTANCE.
10 (a) IN GENERAL.—Section 2102(d) of the CARES Act
11 (15 U.S.C. 9021(d)) is amended by adding at the end the
12 following:
13 ‘‘(4) WAIVER AUTHORITY.—In the case of indi-
14 viduals who have received amounts of Pandemic Un-
15 employment Assistance to which they were not enti-
16 tled, the State shall require such individuals to repay
17 the amounts of such Pandemic Unemployment Assist-
18 ance to the State agency, except that the State agency
19 shall waive such repayment if it determines that—
20 ‘‘(A) the payment of such Pandemic Unem-
21 ployment Assistance was without fault on the
22 part of any such individual; and
23 ‘‘(B) such repayment would be contrary to
24 equity and good conscience.’’.
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1 (b) EFFECTIVE DATE.—The amendments made by this
2 section shall take effect as if included in the enactment of
3 the CARES Act (Public Law 116–136).
4 SEC. 303. CLARIFICATION OF ACCESS TO PANDEMIC UNEM-
5 PLOYMENT ASSISTANCE FOR WORKERS AT
6 BUSINESSES THAT REDUCED STAFF DUE TO
7 THE PANDEMIC.
8 (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I)(jj) of
9 the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(jj)) is
10 amended by inserting ‘‘or its operations are otherwise cur-
11 tailed, including by reducing hours of operation, staffing
12 levels, occupancy, or other changes that are recommended
13 or required,’’ after ‘‘closed’’.
14 (b) EFFECTIVE DATE.—The amendment made by sub-
15 section (a) shall apply with respect to weeks of unemploy-
16 ment beginning after the date of the enactment of this Act.
17 SEC. 304. HOLD HARMLESS FOR PANDEMIC UNEMPLOY-
18 MENT ASSISTANCE.
19 (a) IN GENERAL.—Section 2102(c) of the CARES Act
20 (15 U.S.C. 9021(c)) is amended by adding at the end the
21 following:
22 ‘‘(4) CONTINUED ELIGIBILITY FOR ASSIST-
23 ANCE.—As a condition of continued eligibility for as-
24 sistance under this section, a covered individual shall
25 submit a recertification to the State for each week
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1 after the individual’s 1st week of eligibility that cer-
2 tifies that the individual remains an individual de-
3 scribed in subsection (a)(3)(A)(ii) for such week.’’.
4 (b) EFFECTIVE DATE; SPECIAL RULE.—
5 (1) IN GENERAL.—The amendment made by sub-
6 section (a) shall apply with respect to weeks begin-
7 ning on or after the date that is 30 days after the
8 date of enactment of this section.
9 (2) SPECIAL RULE.—In the case of any State
10 that made a good faith effort to implement section
11 2102 of the CARES Act in accordance with rules
12 similar to those provided in section 625.6 of title 20,
13 Code of Federal Regulations, for weeks ending before
14 the effective date specified in paragraph (1), an indi-
15 vidual who received Pandemic Unemployment Assist-
16 ance from such State for any such week shall not be
17 considered ineligible for such assistance for such week
18 solely by reason of failure to submit a recertification
19 described in subsection (c)(4) of such section.
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1 TITLE IV—EXTENSION OF RE-
2 LIEF TO STATES AND EM-
3 PLOYERS
4 SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EX-
5 TENDED UNEMPLOYMENT COMPENSATION.
6 Section 4105 of the Families First Coronavirus Re-
7 sponse Act (26 U.S.C. 3304 note) is amended by striking
8 ‘‘December 31, 2020’’ each place it appears and inserting
9 ‘‘June 30, 2021’’.
10 SEC. 402. EXTENSION OF TEMPORARY ASSISTANCE FOR
11 STATES WITH ADVANCES.
12 Section 1202(b)(10)(A) of the Social Security Act (42
13 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘December
14 31, 2020’’ and inserting ‘‘June 30, 2021’’.
15 SEC. 403. EXTENSION OF EMERGENCY RELIEF FOR GOVERN-
16 MENTAL ENTITIES AND NONPROFIT ORGANI-
17 ZATIONS.
18 Section 903(i)(1)(D) of the Social Security Act (42
19 U.S.C. 1103(i)(1)(D)) is amended by striking ‘‘December
20 31, 2020’’ and inserting ‘‘June 30, 2021’’.
21 TITLE V—CORRECTIVE ACTION
22 FOR PROCESSING BACKLOGS
23 SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS.
24 (a) IN GENERAL.—Section 2104 of the CARES Act (15
25 U.S.C. 9023) is amended by adding at the end the following:
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1 ‘‘(j) STATE ACCOUNTABILITY RELATING TO CLAIMS
2 BACKLOGS.—As a condition of any agreement under this
3 section, the following rules shall apply:
4 ‘‘(1) CLAIMS REPORTING.—
5 ‘‘(A) IN GENERAL.—Each State partici-
6 pating in such an agreement shall submit to the
7 Secretary of Labor on a weekly basis a report on
8 the status in the State of any backlog of the proc-
9 essing of unemployment claims, including claims
10 for regular compensation, extended compensa-
11 tion, Pandemic Unemployment Assistance, and
12 Pandemic Emergency Unemployment Compensa-
13 tion. Such report shall include a description,
14 with respect to the previous week, of each of the
15 following:
16 ‘‘(i) The number of initial claims still
17 in process, disaggregated by the number of
18 such claims still pending—
19 ‘‘(I) because of nonmonetary de-
20 terminations;
21 ‘‘(II) because of monetary deter-
22 minations;
23 ‘‘(III) because of suspected fraud;
24 and
25 ‘‘(IV) for any other reason.
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1 ‘‘(ii) The number of initial claims de-
2 nied.
3 ‘‘(iii) The number of individuals with
4 respect to whom a continued claim was
5 paid.
6 ‘‘(iv) The number of individuals with
7 respect to whom a continued claim is still
8 in process, disaggregated by the number of
9 such claims still pending—
10 ‘‘(I) because of nonmonetary de-
11 terminations;
12 ‘‘(II) because of monetary deter-
13 minations;
14 ‘‘(III) because of suspected fraud;
15 and
16 ‘‘(IV) for any other reason.
17 ‘‘(v) The number of individuals with
18 respect to whom a continued claims was de-
19 nied.
20 ‘‘(B) REPORT TO CONGRESS.—Upon receipt
21 of a report described in subparagraph (A), the
22 Secretary of Labor shall publish such report on
23 the website of the Department of Labor and shall
24 submit such report to the Committee on Ways
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1 and Means of the House of Representatives and
2 the Committee on Finance of the Senate.
3 ‘‘(2) CORRECTIVE ACTION PLANS.—
4 ‘‘(A) IN GENERAL.—Not later than 90 days
5 after the date of enactment of this subsection and
6 at least every 90 days thereafter, each State par-
7 ticipating in such an agreement shall submit to
8 the Secretary of Labor a corrective action plan
9 that includes a description of the actions the
10 State has taken and intends to take to address
11 any backlog of the processing of unemployment
12 claims described in paragraph (1)(A). The Sec-
13 retary may waive the requirement under this
14 subparagraph with respect to any State that the
15 Secretary determines has made adequate progress
16 in addressing any such backlog.
17 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec-
18 retary of Labor shall make technical assistance
19 available to States to the extent feasible to enable
20 States to develop and implement corrective ac-
21 tion plans in accordance with this paragraph. If
22 the Secretary of Labor determines at any time
23 that a State has failed to take reasonable actions
24 under a corrective action plan to address a
25 claims backlog, the State shall collaborate with
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1 the Secretary to develop a subsequent corrective
2 action plan to achieve clearly defined, targeted
3 outcomes.
4 ‘‘(C) REPORT TO CONGRESS.—Upon receipt
5 of a corrective action plan described in subpara-
6 graph (A), the Secretary of Labor shall publish
7 such plan on the website of the Department of
8 Labor and shall submit such report to the Com-
9 mittee on Ways and Means of the House of Rep-
10 resentatives and the Committee on Finance of the
11 Senate.’’.
12 (b) EFFECTIVE DATE.—The amendment made by sub-
13 section (a) shall apply with respect to weeks beginning after
14 the date of enactment of this Act.
15 TITLE VI—ADDITIONAL
16 BENEFITS FOR MIXED EARNERS
17 SECTION 601. MIXED EARNER UNEMPLOYMENT COMPENSA-
18 TION.
19 (a) IN GENERAL.—Section 2104(b)(1) of the CARES
20 Act (15 U.S.C. 9023(b)(1)) is amended—
21 (1) in subparagraph (B), by striking the period
22 at the end and inserting ‘‘, plus’’; and
23 (2) by adding at the end the following:
24 ‘‘(C) an additional amount of $125 (in this
25 section referred to as ‘Mixed Earner Unemploy-
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1 ment Compensation’) in any case in which the
2 individual received at least $5,000 of self-em-
3 ployment income (as defined in section 1402(b)
4 of the Internal Revenue Code of 1986) in the
5 most recent taxable year ending prior to the in-
6 dividual’s application for regular compensa-
7 tion.’’.
8 (b) CONFORMING AMENDMENTS.—Section 2104 of such
9 Act is amended—
10 (1) by inserting ‘‘or Mixed Earner Unemploy-
11 ment Compensation’’ after ‘‘Federal Pandemic Unem-
12 ployment Compensation’’ each place such term ap-
13 pears in subsection (b)(2), (c), or (f) of such section;
14 (2) in subsection (d), by inserting ‘‘and Mixed
15 Earner Unemployment Compensation’’ after ‘‘Federal
16 Pandemic Unemployment Compensation’’; and
17 (3) in subsection (g), by striking ‘‘provide that’’
18 and all that follows through the end and inserting
19 ‘‘provide that—
20 ‘‘(1) the purposes of the preceding provisions of
21 this section, as such provisions apply with respect to
22 Federal Pandemic Unemployment Compensation,
23 shall be applied with respect to unemployment bene-
24 fits described in subsection (i)(2) to the same extent
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1 and in the same manner as if those benefits were reg-
2 ular compensation; and
3 ‘‘(2) the purposes of the preceding provisions of
4 this section, as such provisions apply with respect to
5 Mixed Earner Unemployment Compensation, shall be
6 applied with respect to unemployment benefits de-
7 scribed in subparagraph (B) or (D) of subsection
8 (i)(2) to the same extent and in the same manner as
9 if those benefits were regular compensation.’’.
10 (c) APPLICABILITY.—The amendments made by this
11 section shall not apply with respect to a State participating
12 in an agreement under section 2104 of the CARES Act un-
13 less the State so elects, in which case such amendments shall
14 apply with respect to weeks of unemployment beginning on
15 or after the later of the date of such election or the date
16 of enactment of this section.
17 TITLE VII—TECHNICAL
18 CORRECTIONS
19 SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT-
20 TIME COMPENSATION PROGRAMS.
21 Section 2108(c) of the CARES Act (15 U.S.C. 9026(c))
22 is amended by striking ‘‘shall be eligible’’ and all that fol-
23 lows through the end and inserting the following: ‘‘
24 ‘‘shall be eligible—
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1 ‘‘(1) for payments under subsection (a) for weeks
2 of unemployment beginning after the effective date of
3 such enactment; and
4 ‘‘(2) for an additional payment equal to the total
5 amount of payments for which the State is eligible
6 pursuant to an agreement under section 2109 for
7 weeks of unemployment before such effective date.’’.
8 SEC. 702. TECHNICAL CORRECTION FOR THE COMMON-
9 WEALTH OF NORTHERN MARIANA ISLANDS.
10 A Commonwealth Only Transitional Worker (as de-
11 fined in section 6(i)(2) of the Joint Resolution entitled ‘‘A
12 Joint Resolution to approve the ‘Covenant To Establish a
13 Commonwealth of the Northern Mariana Islands in Polit-
14 ical Union with the United States of America’, and for
15 other purposes’’ (48 U.S.C. 1806)) shall be considered a
16 qualified alien under section 431 of Public Law 104–193
17 (8 U.S.C. 1641) for purposes of eligibility for a benefit
18 under section 2102 or 2104 of the CARES Act.
19 SEC. 703. TECHNICAL AMENDMENT RELATING TO PAN-
20 DEMIC UNEMPLOYMENT ASSISTANCE.
21 Section 2102(h) of the CARES Act (15 U.S.C.
22 9021(h)) is amended by striking ‘‘section 625’’ each place
23 it appears and inserting ‘‘part 625’’.
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1 DIVISION J—EMERGENCY AS-
2 SISTANCE, ELDER JUSTICE,
3 AND CHILD AND FAMILY SUP-
4 PORT
5 TITLE I—EMERGENCY
6 ASSISTANCE
7 SEC. 101. FUNDING TO STATES, LOCALITIES, AND COMMU-
8 NITY-BASED ORGANIZATIONS FOR EMER-
9 GENCY AID AND SERVICES.
10 (a) FUNDING FOR STATES.—
11 (1) INCREASE IN FUNDING FOR SOCIAL SERVICES
12 BLOCK GRANT PROGRAM.—
13 (A) IN GENERAL.—The amount specified in
14 subsection (c) of section 2003 of the Social Secu-
15 rity Act for purposes of subsections (a) and (b)
16 of such section is deemed to be $11,325,000,000
17 for fiscal year 2020, of which $9,600,000,000
18 shall be obligated by States in accordance with
19 this subsection.
20 (B) APPROPRIATION.—Out of any money in
21 the Treasury of the United States not otherwise
22 appropriated, there are appropriated
23 $9,600,000,000, which shall be available for pay-
24 ments under section 2002 of the Social Security
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1 Act, which shall remain available until the end
2 of fiscal year 2021.
3 (C) DEADLINE FOR DISTRIBUTION OF
4 FUNDS.—Within 45 days after the date of the en-
5 actment of this Act, the Secretary of Health and
6 Human Services shall distribute the funds made
7 available by this paragraph, which shall be made
8 available to States on an emergency basis for im-
9 mediate obligation and expenditure.
10 (D) SUBMISSION OF REVISED PRE-EXPENDI-
11 TURE REPORT.—Within 90 days after a State
12 receives funds made available by this paragraph,
13 the State shall submit to the Secretary a revised
14 pre-expenditure report pursuant to title XX of
15 the Social Security Act that describes how the
16 State plans to administer the funds.
17 (E) DEADLINE FOR OBLIGATION OF FUNDS
18 BY STATES.—A State to which funds made avail-
19 able by this paragraph are distributed shall obli-
20 gate the funds not later than 120 days after re-
21 ceipt.
22 (F) DEADLINE FOR EXPENDITURE OF
23 FUNDS.—A grantee to which a State (or a sub-
24 grantee to which a grantee) provides funds made
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1 available by this paragraph shall expend the
2 funds not later than December 31, 2021.
3 (2) RULES GOVERNING USE OF ADDITIONAL
4 FUNDS.—A State to which funds made available by
5 paragraph (1)(B) are distributed shall use the funds
6 in accordance with the following:
7 (A) PURPOSE.—
8 (i) IN GENERAL.—The State shall use
9 the funds only to support the provision of
10 emergency services to disadvantaged chil-
11 dren, families, and households.
12 (ii) DISADVANTAGED DEFINED.—In
13 this paragraph, the term ‘‘disadvantaged’’
14 means, with respect to an entity, that the
15 entity—
16 (I) is an individual, or is located
17 in a community, that is experiencing
18 material hardship;
19 (II) is a household in which there
20 is a child (as defined in section 12(d)
21 of the Richard B. Russell National
22 School Lunch Act) or a child served
23 under section 11(a)(1) of such Act,
24 who, if not for the closure of the school
25 attended by the child during a public
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1 health emergency designation and due
2 to concerns about a COVID–19 out-
3 break, would receive free or reduced
4 price school meals pursuant to such
5 Act;
6 (III) is an individual, or is lo-
7 cated in a community, with barriers to
8 employment; or
9 (IV) is located in a community
10 that, as of the date of the enactment of
11 this Act, is not experiencing a 56-day
12 downward trajectory of—
13 (aa) influenza-like illnesses;
14 (bb) COVID-like syndromic
15 cases;
16 (cc) documented COVID–19
17 cases; or
18 (dd) positive test results as a
19 percentage of total COVID–19
20 tests.
21 (B) PASS-THROUGH TO LOCAL ENTITIES.—
22 (i) In the case of a State in which a
23 county administers or contributes finan-
24 cially to the non-Federal share of the
25 amounts expended in carrying out a State
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1 program funded under title IV of the Social
2 Security Act, the State shall pass at least
3 50 percent of all funds so made available
4 through to the chief elected official of the
5 city or county that administers the pro-
6 gram.
7 (ii) In the case of any other State and
8 any State to which clause (i) applies that
9 does not pass through funds as described in
10 that clause, the State shall—
11 (I) pass at least 50 percent of the
12 funds through to—
13 (aa)(AA) local governments
14 that will expend or distribute the
15 funds in consultation with com-
16 munity-based organizations with
17 experience serving disadvantaged
18 families or individuals; or
19 (BB) community-based orga-
20 nizations with experience serving
21 disadvantaged families and indi-
22 viduals; and
23 (bb) sub-State areas in pro-
24 portions based on the population
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1 of disadvantaged individuals liv-
2 ing in the areas; and
3 (II) report to the Secretary on
4 how the State determined the amounts
5 passed through pursuant to this clause.
6 (C) METHODS.—
7 (i) IN GENERAL.—The State shall use
8 the funds only for—
9 (I) administering emergency serv-
10 ices;
11 (II) providing short-term cash,
12 non-cash, or in-kind emergency dis-
13 aster relief;
14 (III) providing services with dem-
15 onstrated need in accordance with ob-
16 jective criteria that are made available
17 to the public;
18 (IV) operational costs directly re-
19 lated to providing services described in
20 subclauses (I), (II), and (III);
21 (V) local government emergency
22 social service operations; and
23 (VI) providing emergency social
24 services to rural and frontier commu-
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1 nities that may not have access to
2 other emergency funding streams.
3 (ii) ADMINISTERING EMERGENCY SERV-
4 ICES DEFINED.—In clause (i), the term ‘‘ad-
5 ministering emergency services’’ means—
6 (I) providing basic disaster relief,
7 economic, and well-being necessities to
8 ensure communities are able to safely
9 observe shelter-in-place and social
10 distancing orders;
11 (II) providing necessary supplies
12 such as masks, gloves, and soap, to
13 protect the public against infectious
14 disease; and
15 (III) connecting individuals, chil-
16 dren, and families to services or pay-
17 ments for which they may already be
18 eligible.
19 (D) PROHIBITIONS.—
20 (i) NO INDIVIDUAL ELIGIBILITY DE-
21 TERMINATIONS BY GRANTEES OR SUB-
22 GRANTEES.—Neither a grantee to which the
23 State provides the funds nor any subgrantee
24 of such a grantee may exercise individual
25 eligibility determinations for the purpose of
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1 administering short-term, non-cash, in-kind
2 emergency disaster relief to communities.
3 (ii) APPLICABILITY OF CERTAIN SOCIAL
4 SERVICES BLOCK GRANT FUNDS USE LIMI-
5 TATIONS.—The State shall use the funds
6 subject to the limitations in section 2005 of
7 the Social Security Act, except that, for
8 purposes of this clause, section 2005(a)(2)
9 and 2005(a)(8) of such Act shall not apply.
10 (iii) NO SUPPLANTATION OF CERTAIN
11 STATE FUNDS.—The State may use the
12 funds to supplement, not supplant, State
13 general revenue funds for social services.
14 (iv) BAN ON USE FOR CERTAIN COSTS
15 REIMBURSABLE BY FEMA.—The State may
16 not use the funds for costs that are reim-
17 bursable by the Federal Emergency Manage-
18 ment Agency, under a contract for insur-
19 ance, or by self-insurance.
20 (b) FUNDING FOR INDIAN TRIBES AND TRIBAL ORGA-
21 NIZATIONS.—
22 (1) GRANTS.—
23 (A) IN GENERAL.—Within 90 days after the
24 date of the enactment of this Act, the Secretary
25 of Health and Human Services shall make
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1 grants to Indian Tribes and Tribal organiza-
2 tions.
3 (B) AMOUNT OF GRANT.—The amount of
4 the grant for an Indian Tribe or Tribal organi-
5 zation shall bear the same ratio to the amount
6 appropriated by paragraph (3) as the total
7 amount of grants awarded to the Indian Tribe
8 or Tribal organization under the Low-Income
9 Home Energy Assistance Act of 1981 and the
10 Community Service Block Grant for fiscal year
11 2020 bears to the total amount of grants award-
12 ed to all Indian Tribes and Tribal organizations
13 under such Act and such Grant for the fiscal
14 year.
15 (2) RULES GOVERNING USE OF FUNDS.—An en-
16 tity to which a grant is made under paragraph (1)
17 shall obligate the funds not later than September 30,
18 2021, and the funds shall be expended by grantees
19 and subgrantees not later than September 30, 2022,
20 and used in accordance with the following:
21 (A) PURPOSE.—
22 (i) IN GENERAL.—The grantee shall
23 use the funds only to support the provision
24 of emergency services to disadvantaged
25 households.
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1 (ii) DISADVANTAGED DEFINED.—In
2 clause (i), the term ‘‘disadvantaged’’ means,
3 with respect to an entity, that the entity—
4 (I) is an individual, or is located
5 in a community, that is experiencing
6 material hardship;
7 (II) is a household in which there
8 is a child (as defined in section 12(d)
9 of the Richard B. Russell National
10 School Lunch Act) or a child served
11 under section 11(a)(1) of such Act,
12 who, if not for the closure of the school
13 attended by the child during a public
14 health emergency designation and due
15 to concerns about a COVID–19 out-
16 break, would receive free or reduced
17 price school meals pursuant to such
18 Act;
19 (III) is an individual, or is lo-
20 cated in a community, with barriers to
21 employment; or
22 (IV) is located in a community
23 that, as of the date of the enactment of
24 this Act, is not experiencing a 56-day
25 downward trajectory of—
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1 (aa) influenza-like illnesses;
2 (bb) COVID-like syndromic
3 cases;
4 (cc) documented COVID–19
5 cases; or
6 (dd) positive test results as a
7 percentage of total COVID–19
8 tests.
9 (B) METHODS.—
10 (i) IN GENERAL.—The grantee shall
11 use the funds only for—
12 (I) administering emergency serv-
13 ices;
14 (II) providing short-term, non-
15 cash, in-kind emergency disaster relief;
16 and
17 (III) tribal emergency social serv-
18 ice operations.
19 (ii) ADMINISTERING EMERGENCY SERV-
20 ICES DEFINED.—In clause (i), the term ‘‘ad-
21 ministering emergency services’’ means—
22 (I) providing basic economic and
23 well-being necessities to ensure commu-
24 nities are able to safely observe shelter-
25 in-place and social distancing orders;
•HR 925 EAH
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1 (II) providing necessary supplies
2 such as masks, gloves, and soap, to
3 protect the public against infectious
4 disease; and
5 (III) connecting individuals, chil-
6 dren, and families to services or pay-
7 ments for which they may already be
8 eligible.
9 (C) PROHIBITIONS.—
10 (i) NO INDIVIDUAL ELIGIBILITY DE-
11 TERMINATIONS BY GRANTEES OR SUB-
12 GRANTEES.—Neither the grantee nor any
13 subgrantee may exercise individual eligi-
14 bility determinations for the purpose of ad-
15 ministering short-term, non-cash, in-kind
16 emergency disaster relief to communities.
17 (ii) BAN ON USE FOR CERTAIN COSTS
18 REIMBURSABLE BY FEMA.—The grantee
19 may not use the funds for costs that are re-
20 imbursable by the Federal Emergency Man-
21 agement Agency, under a contract for insur-
22 ance, or by self-insurance.
23 (3) APPROPRIATION.—Out of any money in the
24 Treasury of the United States not otherwise appro-
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1 priated, there are appropriated $400,000,000 to make
2 tribal grants under this subsection.
3 SEC. 102. EMERGENCY ASSISTANCE TO FAMILIES THROUGH
4 HOME VISITING PROGRAMS.
5 (a) IN GENERAL.—For purposes of section 511 of the
6 Social Security Act, during the period that begins on Feb-
7 ruary 1, 2020, and ends January 31, 2021—
8 (1) a virtual home visit shall be considered a
9 home visit;
10 (2) funding for, and staffing levels of, a program
11 conducted pursuant to such section shall not be re-
12 duced on account of reduced enrollment in the pro-
13 gram; and
14 (3) funds provided for such a program may be
15 used—
16 (A) to train home visitors in conducting a
17 virtual home visit and in emergency prepared-
18 ness and response planning for families served,
19 and may include training on how to safely con-
20 duct intimate partner violence screenings, and
21 training on safety and planning for families
22 served;
23 (B) for the acquisition by families enrolled
24 in the program of such technological means as
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1 are needed to conduct and support a virtual
2 home visit;
3 (C) to provide emergency supplies (such as
4 diapers, formula, non-perishable food, water,
5 hand soap and hand sanitizer) to families
6 served; and
7 (D) to provide prepaid grocery cards to an
8 eligible family (as defined in section 511(k)(2) of
9 such Act) for the purpose of enabling the family
10 to meet the emergency needs of the family.
11 (b) VIRTUAL HOME VISIT DEFINED.—In subsection
12 (a), the term ‘‘virtual home visit’’ means a visit that is con-
13 ducted solely by the use of electronic information and tele-
14 communications technologies.
15 (c) AUTHORITY TO DELAY DEADLINES.—
16 (1) IN GENERAL.—The Secretary of Health and
17 Human Services may extend the deadline by which a
18 requirement of section 511 of the Social Security Act
19 must be met, by such period of time as the Secretary
20 deems appropriate.
21 (2) GUIDANCE.—The Secretary of Health and
22 Human Services shall provide to eligible entities
23 funded under section 511 of the Social Security Act
24 information on the parameters used in extending a
25 deadline under paragraph (1) of this subsection.
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1 (d) SUPPLEMENTAL APPROPRIATION.—In addition to
2 amounts otherwise appropriated, out of any money in the
3 Treasury of the United States not otherwise appropriated,
4 there are appropriated to the Secretary of Health and
5 Human Services $100,000,000, to enable eligible entities to
6 conduct programs funded under section 511 of the Social
7 Security Act pursuant to this section, which shall remain
8 available for obligation not later than January 31, 2021.
9 TITLE II—REAUTHORIZATION OF
10 FUNDING FOR PROGRAMS TO
11 PREVENT, INVESTIGATE, AND
12 PROSECUTE ELDER ABUSE,
13 NEGLECT, AND EXPLOI-
14 TATION
15 SEC. 201. ELDER ABUSE, NEGLECT, AND EXPLOITATION FO-
16 RENSIC CENTERS.
17 Section 2031(f) of the Social Security Act (42 U.S.C.
18 1397l(f)) is amended—
19 (1) in paragraph (2), by striking ‘‘and’’ after the
20 semicolon;
21 (2) in paragraph (3), by striking the period at
22 the end and inserting ‘‘; and’’; and
23 (3) by adding at the end the following:
24 ‘‘(4) for fiscal year 2021, $5,000,000.’’.
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1 SEC. 202. GRANTS FOR LONG-TERM CARE STAFFING AND
2 TECHNOLOGY.
3 Section 2041(d) of the Social Security Act (42 U.S.C.
4 1397m(d)) is amended—
5 (1) in paragraph (2), by striking ‘‘and’’ after the
6 semicolon;
7 (2) in paragraph (3), by striking the period at
8 the end and inserting ‘‘; and’’; and
9 (3) by adding at the end the following:
10 ‘‘(4) for fiscal year 2021, $14,000,000.’’.
11 SEC. 203. ADULT PROTECTIVE SERVICES FUNCTIONS AND
12 GRANT PROGRAMS.
13 Section 2042 of the Social Security Act (42 U.S.C.
14 1397m–1) is amended—
15 (1) in subsection (a)(2), by striking
16 ‘‘$3,000,000’’ and all that follows through the period
17 and inserting ‘‘$3,000,000 for fiscal year 2021.’’;
18 (2) in subsection (b)(5), by striking
19 ‘‘$100,000,000’’ and all that follows through the pe-
20 riod and inserting ‘‘$100,000,000 for fiscal year
21 2021.’’; and
22 (3) in subsection (c)(6), by striking
23 ‘‘$25,000,000’’ and all that follows through the period
24 and inserting ‘‘$20,000,000 for fiscal year 2021.’’.
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1 SEC. 204. LONG-TERM CARE OMBUDSMAN PROGRAM
2 GRANTS AND TRAINING.
3 Section 2043 of the Social Security Act (42 U.S.C.
4 1397m–2) is amended—
5 (1) in subsection (a)(2)—
6 (A) in subparagraph (B), by striking ‘‘and’’
7 after the semicolon;
8 (B) in subparagraph (C), by striking the
9 period at the end and inserting ‘‘; and’’; and
10 (C) by adding at the end the following:
11 ‘‘(D) for fiscal year 2021, $8,000,000.’’; and
12 (2) in subsection (b)(2), by inserting before the
13 period the following: ‘‘, and for fiscal year 2021,
14 $10,000,000’’.
15 SEC. 205. INVESTIGATION SYSTEMS AND TRAINING.
16 Section 6703(b) of the Patient Protection and Afford-
17 able Care Act (42 U.S.C. 1395i–3a(b)) is amended—
18 (1) in paragraph (1)(C), by striking ‘‘for the pe-
19 riod’’ and all that follows through the period and in-
20 serting ‘‘for fiscal year 2021, $10,000,000.’’; and
21 (2) in paragraph (2)(C), by striking ‘‘for each of
22 fiscal years 2011 through 2014, $5,000,000’’ and in-
23 serting ‘‘for fiscal year 2021, $4,000,000’’.
24 SEC. 206. INCREASED FUNDING FOR STATES AND INDIAN
25 TRIBES FOR ADULT PROTECTIVE SERVICES.
26 (a) INCREASE IN FUNDING.—
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1 (1) RESERVATION OF FUNDS.—Of the amount
2 made available to carry out subtitle A of title XX of
3 the Social Security Act for fiscal year 2020,
4 $25,000,000 shall be reserved for obligation by States
5 during calendar year 2020 in accordance with sub-
6 section (b) of this section.
7 (2) APPROPRIATION.—Out of any money in the
8 Treasury of the United States not otherwise appro-
9 priated, there are appropriated $25,000,000 for fiscal
10 year 2020 to make grants to States under this sub-
11 section, which shall remain available until the end of
12 fiscal year 2021.
13 (3) DEADLINE FOR DISTRIBUTION OF FUNDS.—
14 Within 45 days after the date of the enactment of this
15 Act, the Secretary of Health and Human Services
16 shall distribute the funds reserved under paragraph
17 (1) of this subsection, which shall be made available
18 to States (as defined for purposes of title XX of the
19 Social Security Act in section 1101 of such Act (42
20 U.S.C. 1301)) on an emergency basis for immediate
21 obligation and expenditure.
22 (4) SUBMISSION OF REVISED PRE-EXPENDITURE
23 REPORT.—Within 90 days after a State receives funds
24 distributed under paragraph (3), the State shall sub-
25 mit to the Secretary of Health and Human Services
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1 a revised pre-expenditure report pursuant to subtitle
2 A of title XX of the Social Security Act (42 U.S.C.
3 1397 et seq.) that describes how the State plans to ad-
4 minister the funds.
5 (5) DEADLINE FOR OBLIGATION OF FUNDS BY
6 STATES.—Within 120 days after funds are distributed
7 to a State under paragraph (3), the State shall obli-
8 gate the funds.
9 (6) DEADLINE FOR EXPENDITURE OF FUNDS.—
10 A grantee to which a State (or a subgrantee to which
11 a grantee) provides funds distributed under this sub-
12 section shall expend the funds not later than Decem-
13 ber 31, 2021.
14 (b) RULES GOVERNING USE OF ADDITIONAL FUNDS.—
15 Funds are used in accordance with this subsection if—
16 (1) the funds are used for adult protective serv-
17 ices (as defined in section 2011(2) of the Social Secu-
18 rity Act (42 U.S.C. 1397j(2));
19 (2) the funds are used subject to the limitations
20 in section 2005 of the Social Security Act (42 U.S.C.
21 1397d); and
22 (3) the funds are used to supplement, not sup-
23 plant, State general revenue funds or funds provided
24 under section 2002 of the Social Security Act for
25 adult protective services.
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1 (c) FUNDING FOR INDIAN TRIBES AND TRIBAL ORGA-
2 NIZATIONS.—
3 (1) GRANTS.—
4 (A) IN GENERAL.—Within 90 days after the
5 date of the enactment of this Act, the Secretary
6 of Health and Human Services shall make
7 grants to Indian Tribes and Tribal organiza-
8 tions (as defined in section 677(e)(1) of the Com-
9 munity Services Block Grant Act (42 U.S.C.
10 9911(e)(1))).
11 (B) AMOUNT OF GRANT.—The amount of
12 the grant for an Indian Tribe or Tribal organi-
13 zation shall bear the same ratio to the amount
14 appropriated by paragraph (3) as the total
15 amount of grants awarded to the Indian Tribe
16 or Tribal organization under the Low-Income
17 Home Energy Assistance Act of 1981 and the
18 Community Service Block Grant for fiscal year
19 2020 bears to the total amount of grants award-
20 ed to all Indian Tribes and Tribal organizations
21 under such Act and such Grant for the fiscal
22 year.
23 (2) RULES GOVERNING USE OF FUNDS.—An en-
24 tity to which a grant is made under paragraph (1)
25 shall obligate the funds not later than September 30,
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1 2021, and the funds shall be expended by grantees
2 and subgrantees not later than December 31, 2021,
3 and used in accordance with subsection (b) of this sec-
4 tion (except that paragraph (3) of such subsection
5 shall be applied by substituting ‘‘general revenue
6 funds of the Indian Tribe or Tribal organization’’ for
7 ‘‘State general revenue funds’’).
8 (3) REPORTS.—
9 (A) PRE-EXPENDITURE REPORT AND IN-
10 TENDED USE PLAN.—Not later than 90 days
11 after an Indian Tribe or Tribal organization re-
12 ceives funds made available by this subsection,
13 the Indian Tribe or Tribal organization shall
14 submit to the Secretary of Health and Human
15 Services a pre-expenditure report on the intended
16 use of such funds including information on the
17 types of activities to be supported and the cat-
18 egories or characteristics of individuals to be
19 served. The Indian Tribe or Tribal organization
20 shall subsequently revise the pre-expenditure re-
21 port as necessary to reflect substantial changes
22 in the activities to be supported or the categories
23 or characteristics of individuals to be served.
24 (B) POST-EXPENDITURE REPORT.—Not
25 later than January 1, 2022, each Indian Tribe
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1 or Tribal organization that receives funds made
2 available under this section shall submit to the
3 Secretary of Health and Human Services a re-
4 port on the activities supported by such funds.
5 Such report shall be in such form and contain
6 such information (including the information de-
7 scribed in section 2006(c) of the Social Security
8 Act (42 U.S.C. 1397e(c))) as the Tribe or organi-
9 zation finds necessary to provide an accurate de-
10 scription of such activities, to secure a complete
11 record of the purposes for which funds were
12 spent, and to determine the extent to which funds
13 were spent in a manner consistent with the re-
14 port required by subparagraph (A).
15 (4) APPROPRIATION.—Out of any money in the
16 Treasury of the United States not otherwise appro-
17 priated, there are appropriated $650,000 for making
18 grants to Indian Tribes and Tribal organizations
19 under this subsection.
20 SEC. 207. ASSESSMENT REPORTS.
21 (a) IN GENERAL.—Not later than 2 years after the
22 date of enactment of this Act, the Secretary of Health and
23 Human Services shall submit a report to the Congress on
24 the programs, coordinating bodies, registries, and activities
25 established or authorized under subtitle B of title XX of the
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1 Social Security Act (42 U.S.C. 1397l et seq.) or section
2 6703(b) of the Patient Protection and Affordable Care Act
3 (42 U.S.C. 1395i–3a(b)). The report shall assess the extent
4 to which such programs, coordinating bodies, registries, and
5 activities have improved access to, and the quality of, re-
6 sources available to aging Americans and their caregivers
7 to ultimately prevent, detect, and treat abuse, neglect, and
8 exploitation, and shall include, as appropriate, rec-
9 ommendations to Congress on funding levels and policy
10 changes to help these programs, coordinating bodies, reg-
11 istries, and activities better prevent, detect, and treat abuse,
12 neglect, and exploitation of aging Americans.
13 (b) LIMITATIONS ON AUTHORIZATION OF APPROPRIA-
14 TIONS.—For fiscal year 2021, out of any money in the
15 Treasury of the United States not otherwise appropriated,
16 there are authorized to be appropriated to the Secretary of
17 Health and Human Services $1,000,000 to carry out this
18 section.
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1 TITLE III—FAIRNESS FOR SEN-
2 IORS AND PEOPLE WITH DIS-
3 ABILITIES DURING COVID–19
4 SEC. 301. SOCIAL SECURITY AND SUPPLEMENTAL SECURITY
5 INCOME BENEFICIARY PROTECTIONS RE-
6 GARDING INCORRECT PAYMENTS DURING
7 COVID–19.
8 (a) NO ADJUSTMENT, RECOVERY, OR LIABILITY WITH
9 RESPECT TO CERTAIN INCORRECT PAYMENTS.—
10 (1) IN GENERAL.—
11 (A) NO ADJUSTMENT, RECOVERY, OR LI-
12 ABILITY.—Notwithstanding any other provision
13 of title II, title VIII, title XI, or title XVI of the
14 Social Security Act, and subject to subparagraph
15 (D), in the case of any payment under title II,
16 title VIII, or title XVI of such Act of more than
17 the correct amount for any month during the pe-
18 riod beginning on March 1, 2020, and ending on
19 January 31, 2021 (other than a payment de-
20 scribed in paragraph (2)), there shall be no ad-
21 justment of such payment to, or recovery by the
22 United States from, any person, estate, State, or
23 organization, and no person, estate, State, or or-
24 ganization shall be liable for the repayment of
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1 the amount of such payment in excess of the cor-
2 rect amount.
3 (B) AUTOMATIC RELIEF.—The Commis-
4 sioner of Social Security shall apply subpara-
5 graph (A) to each payment described therein
6 without requiring such person, estate, State, or
7 organization to so request and regardless of
8 whether such person, estate, State, or organiza-
9 tion so requests.
10 (C) PRESUMPTIONS TO APPLY.—For the
11 purposes of precluding such adjustment or recov-
12 ery, the Commissioner of Social Security may
13 presume—
14 (i) all such persons, estates, States, or
15 organizations to be not at fault; and
16 (ii) recovery to be against equity and
17 good conscience.
18 (D) RULE OF CONSTRUCTION.—Notwith-
19 standing the preceding subparagraphs, in case of
20 any payment described in subparagraph (A) that
21 has been recovered, in full or in part, the Com-
22 missioner of Social Security shall have no obli-
23 gation to issue refunds of such recovered
24 amounts.
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1 (2) AMOUNTS SUBJECT TO LIABILITY AND RE-
2 COVERY.—A payment described in this paragraph is
3 a payment of more than the correct amount resulting
4 from—
5 (A) a conviction for an offense under section
6 208(a), 811, or 1632(a) of the Social Security
7 Act;
8 (B) an incorrect or incomplete statement
9 that is knowingly made and material, or the
10 knowing concealment of material information; or
11 (C) a determination that a representative
12 payee misused benefits made under section
13 205(j), 807, or 1631(a)(2) of the Social Security
14 Act,
15 but only if such offense, misstatement, or misuse oc-
16 curred on or after March 1.
17 (b) NOTIFICATIONS; SUSPENSION OF RECOVERY UPON
18 REQUEST.—
19 (1) RECOVERY BY ADJUSTMENT OF BENEFITS.—
20 (A) IN GENERAL.—Not later than November
21 30, 2020, the Commissioner of Social Security
22 shall—
23 (i) notify each covered individual of
24 the opportunity to request that the adjust-
25 ment of benefits described in subparagraph
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1 (B) be reduced or suspended during the pe-
2 riod described in subsection (a)(1); and
3 (ii) reduce or suspend (as requested)
4 such adjustment immediately upon receipt
5 of the request.
6 (B) COVERED INDIVIDUAL.—In this para-
7 graph, the term ‘‘covered individual’’ means an
8 individual with respect to whom the recovery of
9 any payment under title II, title VIII, or title
10 XVI of the Social Security Act of more than the
11 correct amount (other than a payment described
12 in paragraph (a)(2)) is in effect, by adjustment
13 of the individual’s monthly benefits or underpay-
14 ments, for any month during the period de-
15 scribed in subsection (a)(1).
16 (2) RECOVERY BY INSTALLMENT AGREEMENTS.—
17 Not later than November 30, 2020, the Commissioner
18 of Social Security shall notify each party owing a
19 debt to the Social Security Administration (other
20 than a debt arising from a payment described in
21 paragraph (a)(2)) with respect to which an install-
22 ment agreement is in effect of the opportunity to re-
23 quest that the installment payments under such agree-
24 ment be suspended during the period described in sub-
25 section (a)(1), and shall suspend such payments upon
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1 request. The Commissioner of Social Security shall
2 deem a debt for which such a suspension has been
3 made to be not delinquent during such period.
4 (c) REPORT.—Not later than 30 days after the date
5 of enactment of this Act, the Commissioner of Social Secu-
6 rity shall submit a report to the Committee on Ways and
7 Means of the House of Representatives and the Committee
8 on Finance of the Senate describing the Commissioner’s ac-
9 tivities under this section.
10 (d) DEEMED ELIGIBILITY FOR SSI FOR PURPOSES OF
11 DETERMINING MEDICAID ELIGIBILITY.—
12 (1) IN GENERAL.—Notwithstanding any provi-
13 sion of title XVI or title XIX of the Social Security
14 Act (or section 212(a) of Public Law 93–66), each in-
15 dividual who receives a covered supplemental pay-
16 ment for any month during the period described in
17 subsection (a)(1) and is subsequently determined to be
18 ineligible for such payment shall be deemed to be a
19 recipient of supplemental security income benefits
20 under title XVI or State supplementary benefits of the
21 type referred to in section 1616(a) of such Act (or
22 payments of the type described in section 212(a) of
23 Public Law 93–66), as the case may be, for such
24 month for purposes of determining the individual’s
25 eligibility for medical assistance under a State plan
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1 approved under title XIX of the Social Security Act
2 (42 U.S.C. 1396 et seq.) (or a waiver of such plan).
3 (2) COVERED SUPPLEMENTAL PAYMENT.—For
4 purposes of this subsection, a covered supplemental
5 payment is—
6 (A) a payment of a supplemental security
7 income benefit under title XVI of the Social Se-
8 curity Act; or
9 (B) a State supplementary payment of the
10 type referred to in section 1616(a) of such title
11 (or a payment of the type described in section
12 212(a) of Public Law 93–66).
13 (e) PROTECTION FOR CERTAIN MEDICARE BENE-
14 FICIARIES.—Notwithstanding section 226(a) of the Social
15 Security Act, in the case of any individual—
16 (1) who is entitled to hospital insurance benefits
17 under part A of title XVIII of the Social Security by
18 operation of section 226(a) of such Act; and
19 (2) whose entitlement to monthly insurance bene-
20 fits under section 202 of such Act or status as a
21 qualified railroad retirement beneficiary (as defined
22 in section 226(d) of such Act) terminates with any
23 month during the period beginning on March 1, 2020,
24 and ending on January 31, 2021, as a result of a de-
25 termination made on or after August 31, 2020,
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1 the individual’s entitlement to such hospital insurance ben-
2 efits shall end with the month following the month in which
3 notice of termination of such entitlement to monthly insur-
4 ance benefits under section 202 of such Act or such status
5 as a qualified railroad retirement beneficiary is mailed to
6 the individual, or if earlier, with the month before the
7 month in which the individual dies.
8 (f) HOLD HARMLESS FOR THE SOCIAL SECURITY
9 TRUST FUNDS.—There are appropriated, out of any mon-
10 eys in the Treasury not otherwise appropriated, to each of
11 the Federal Old-Age and Survivors Insurance Trust Fund
12 and the Federal Disability Insurance Trust Fund for each
13 fiscal year such amounts as the chief actuary of the Social
14 Security Administration shall certify are necessary to place
15 each such Trust Fund in the same position at the end of
16 such fiscal year as it would have been in if the amendments
17 made by this section had not been enacted.
18 TITLE IV—SUPPORTING FOSTER
19 YOUTH AND FAMILIES
20 THROUGH THE PANDEMIC
21 SEC. 401. SHORT TITLE.
22 This title may be cited as the ‘‘Supporting Foster
23 Youth and Families through the Pandemic Act’’.
24 SEC. 402. DEFINITIONS.
25 In this title:
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1 (1) COVID–19 PUBLIC HEALTH EMERGENCY.—
2 The term ‘‘COVID–19 public health emergency’’
3 means the public health emergency declared by the
4 Secretary pursuant to section 319 of the Public
5 Health Service Act, entitled ‘‘Determination that a
6 Public Health Emergency Exists Nationwide as the
7 Result of the 2019 Novel Coronavirus’’.
8 (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
9 RIOD.—The term ‘‘COVID–19 public health emer-
10 gency period’’ means the period beginning on April 1,
11 2020 and ending with September 30, 2021.
12 (3) SECRETARY.—The term ‘‘Secretary’’ means
13 the Secretary of Health and Human Services.
14 SEC. 403. CONTINUED SAFE OPERATION OF CHILD WEL-
15 FARE PROGRAMS AND SUPPORT FOR OLDER
16 FOSTER YOUTH.
17 (a) FUNDING INCREASES.—
18 (1) INCREASE IN SUPPORT FOR CHAFEE PRO-
19 GRAMS.—Out of any money in the Treasury of the
20 United States not otherwise appropriated, there are
21 appropriated $400,000,000 for fiscal year 2020, to
22 carry out section 477 of the Social Security Act, in
23 addition to any amounts otherwise made available for
24 such purpose.
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1 (2) EDUCATION AND TRAINING VOUCHERS.—Of
2 the amount made available by reason of paragraph
3 (1) of this subsection, not less than $50,000,000 shall
4 be reserved for the provision of vouchers pursuant to
5 section 477(h)(2) of the Social Security Act.
6 (3) APPLICABILITY OF TECHNICAL ASSISTANCE
7 TO ADDITIONAL FUNDS.—
8 (A) IN GENERAL.—Section 477(g)(2) of the
9 Social Security Act shall apply with respect to
10 the amount made available by reason of para-
11 graph (1) of this subsection as if the amount
12 were included in the amount specified in section
13 477(h) of such Act.
14 (B) RESERVATION OF FUNDS.—
15 (i) IN GENERAL.—Of the amount to
16 which section 477(g)(2) of the Social Secu-
17 rity Act applies by reason of subparagraph
18 (A) of this paragraph, the Secretary shall
19 reserve not less than $500,000 to provide
20 technical assistance to a State imple-
21 menting or seeking to implement a driving
22 and transportation program for foster
23 youth.
24 (ii) PROVIDER QUALIFICATIONS.—The
25 Secretary shall ensure that the entity pro-
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1 viding the assistance has demonstrated the
2 capacity to—
3 (I) successfully administer activi-
4 ties in 1 or more States to provide
5 driver’s licenses to youth who are in
6 foster care under the responsibility of
7 the State; and
8 (II) increase the number of such
9 foster youth who obtain a driver’s li-
10 cense.
11 (4) INAPPLICABILITY OF STATE MATCHING RE-
12 QUIREMENT TO ADDITIONAL FUNDS.—In making pay-
13 ments under subsections (a)(4) and (e)(1) of section
14 474 of the Social Security Act from the additional
15 funds made available as a result of paragraphs (1)
16 and (2) of this subsection, the percentages specified in
17 subsections (a)(4)(A)(i) and (e)(1) of such section are,
18 respectively, deemed to be 100 percent.
19 (5) MAXIMUM AWARD AMOUNT.—The dollar
20 amount specified in section 477(i)(4)(B) of the Social
21 Security Act through the end of fiscal year 2021 is
22 deemed to be $12,000.
23 (6) INAPPLICABILITY OF NYTD PENALTY TO ADDI-
24 TIONAL FUNDS.—In calculating any penalty under
25 section 477(e)(2) of the Social Security Act with re-
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1 spect to the National Youth in Transition Database
2 (NYTD) for the COVID–19 public health emergency
3 period, none of the additional funds made available
4 by reason of paragraphs (1) and (2) of this subsection
5 shall be considered to be part of an allotment to a
6 State under section 477(c) of such Act.
7 (b) MAXIMUM AGE LIMITATION ON ELIGIBILITY FOR
8 ASSISTANCE.—During fiscal years 2020 and 2021, a child
9 may be eligible for services and assistance under section 477
10 of the Social Security Act until the child attains 27 years
11 of age, notwithstanding any contrary certification made
12 under such section.
13 (c) SPECIAL RULE.—With respect to funds made
14 available by reason of subsection (a) that are used during
15 the COVID–19 public health emergency period to support
16 activities due to the COVID–19 pandemic, the Secretary
17 may not require any State to provide proof of a direct con-
18 nection to the pandemic if doing so would be administra-
19 tively burdensome or would otherwise delay or impede the
20 ability of the State to serve foster youth.
21 (d) PROGRAMMATIC FLEXIBILITIES.—During the
22 COVID–19 public health emergency period:
23 (1) SUSPENSION OF CERTAIN REQUIREMENTS
24 UNDER THE EDUCATION AND TRAINING VOUCHER
25 PROGRAM.—The Secretary shall allow a State to
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1 waive the applicability of the requirement in section
2 477(i)(3) of the Social Security Act that a youth
3 must be enrolled in a postsecondary education or
4 training program or making satisfactory progress to-
5 ward completion of that program if a youth is unable
6 to do so due to the COVID–19 public health emer-
7 gency.
8 (2) AUTHORITY TO USE VOUCHERS TO MAINTAIN
9 TRAINING AND POSTSECONDARY EDUCATION.—A
10 voucher provided under a State educational and
11 training voucher program under section 477(i) of the
12 Social Security Act may be used for maintaining
13 training and postsecondary education, including less
14 than full-time matriculation costs or other expenses
15 that are not part of the cost of attendance but would
16 help support youth in remaining enrolled as described
17 in paragraph (1) of this subsection.
18 (3) AUTHORITY TO WAIVE LIMITATIONS ON PER-
19 CENTAGE OF FUNDS USED FOR HOUSING ASSISTANCE
20 AND ELIGIBILITY FOR SUCH ASSISTANCE.—Notwith-
21 standing section 477(b)(3)(B) of the Social Security
22 Act, a State may use—
23 (A) more than 30 percent of the amounts
24 paid to the State from its allotment under sec-
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1 tion 477(c)(1) of such Act for a fiscal year, for
2 room or board payments; and
3 (B) any of such amounts for youth other-
4 wise eligible for services under section 477 of
5 such Act who—
6 (i) have attained 18 years of age and
7 not 27 years of age; and
8 (ii) experienced foster care at 14 years
9 of age or older.
10 (4) AUTHORITY TO PROVIDE DRIVING AND
11 TRANSPORTATION ASSISTANCE.—
12 (A) USE OF FUNDS.—Funds provided under
13 section 477 of the Social Security Act may be
14 used to provide driving and transportation as-
15 sistance to youth described in paragraph (3)(B)
16 who have attained 15 years of age with costs re-
17 lated to obtaining a driver’s license and driving
18 lawfully in a State (such as vehicle insurance
19 costs, driver’s education class and testing fees,
20 practice lessons, practice hours, license fees, road-
21 side assistance, deductible assistance, and assist-
22 ance in purchasing an automobile).
23 (B) MAXIMUM ALLOWANCE.—The amount of
24 the assistance provided for each eligible youth
25 under subparagraph (A) shall not exceed $4,000
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1 per year, and any assistance so provided shall be
2 disregarded for purposes of determining the re-
3 cipient’s eligibility for, and the amount of, any
4 other Federal or federally-supported assistance,
5 except that the State agency shall take appro-
6 priate steps to prevent duplication of benefits
7 under this and other Federal or federally-sup-
8 ported programs.
9 (C) REPORT TO THE CONGRESS.—Within 6
10 months after the end of the expenditure period,
11 the Secretary shall submit to the Congress a re-
12 port on the extent to which, and the manner in
13 which, the funds to which subsection (a)(3) ap-
14 plies were used to provide technical assistance to
15 State child welfare programs, monitor State per-
16 formance and foster youth outcomes, and evalu-
17 ate program effectiveness.
18 SEC. 404. PREVENTING AGING OUT OF FOSTER CARE DUR-
19 ING THE PANDEMIC.
20 (a) ADDRESSING FOSTER CARE AGE RESTRICTIONS
21 DURING THE PANDEMIC.—A State operating a program
22 under part E of title IV of the Social Security Act may
23 not require a child who is in foster care under the responsi-
24 bility of the State to leave foster care solely by reason of
25 the child’s age. A child may not be found ineligible for foster
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1 care maintenance payments under section 472 of such Act
2 solely due to the age of the child or the failure of the child
3 to meet a condition of section 475(8)(B)(iv) of such Act be-
4 fore October 1, 2021.
5 (b) RE-ENTRY TO FOSTER CARE FOR YOUTH WHO
6 AGE OUT DURING THE PANDEMIC.—A State operating a
7 program under the State plan approved under part E of
8 title IV of the Social Security Act (and without regard to
9 whether the State has exercised the option provided by sec-
10 tion 475(8)(B) of such Act to extend assistance under such
11 part to older children) shall—
12 (1) permit any youth who left foster care due to
13 age during the COVID–19 public health emergency to
14 voluntarily re-enter foster care;
15 (2) provide to each such youth who was formally
16 discharged from foster care during the COVID–19
17 public health emergency, a notice designed to make
18 the youth aware of the option to return to foster care;
19 (3) facilitate the voluntary return of any such
20 youth to foster care; and
21 (4) conduct a public awareness campaign about
22 the option to voluntarily re-enter foster care for youth
23 who have not attained 22 years of age, who aged out
24 of foster care in fiscal year 2020 or fiscal year 2021,
25 and who are otherwise eligible to return to foster care.
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1 (c) PROTECTIONS FOR YOUTH IN FOSTER CARE.—A
2 State operating a program under the State plan approved
3 under part E of title IV of the Social Security Act shall—
4 (1) continue to ensure that the safety, perma-
5 nence, and well-being needs of older foster youth, in-
6 cluding youth who remain in foster care and youth
7 who age out of foster care during that period but who
8 re-enter foster care pursuant to this section, are met;
9 and
10 (2) work with any youth who remains in foster
11 care after attaining 18 years of age (or such greater
12 age as the State may have elected under section
13 475(8)(B)(iii) of such Act) to develop, or review and
14 revise, a transition plan consistent with the plan re-
15 ferred to in section 475(5)(H) of such Act, and assist
16 the youth with identifying adults who can offer mean-
17 ingful, permanent connections.
18 (d) AUTHORITY TO USE ADDITIONAL FUNDING FOR
19 CERTAIN COSTS INCURRED TO PREVENT AGING OUT OF,
20 FACILITATING RE-ENTRY TO, AND PROTECTING YOUTH IN
21 CARE DURING THE PANDEMIC.—
22 (1) IN GENERAL.—Subject to paragraph (2) of
23 this subsection, a State to which additional funds are
24 made available as a result of section 3(a) may use the
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1 funds to meet any costs incurred in complying with
2 subsections (a), (b), and (c) of this section.
3 (2) RESTRICTIONS.—
4 (A) The costs referred to in paragraph (1)
5 must be incurred after the date of the enactment
6 of this section and before October 1, 2021.
7 (B) The costs of complying with subsection
8 (a) or (c) of this section must not be incurred on
9 behalf of children eligible for foster care mainte-
10 nance payments under section 472 of the Social
11 Security Act, including youth who have attained
12 18 years of age who are eligible for the payments
13 by reason of the temporary waiver of the age re-
14 quirement or the conditions of section
15 475(8)(B)(iv) of such Act.
16 (C) A State shall make reasonable efforts to
17 ensure that eligibility for foster care mainte-
18 nance payments under section 472 of the Social
19 Security Act is determined when a youth re-
20 mains in, or re-enters, foster care as a result of
21 the State complying with subsections (a) and (c)
22 of this section.
23 (D) A child who re-enters care during the
24 COVID–19 public health emergency period may
25 not be found ineligible for foster care mainte-
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1 nance payments under section 472 of the Social
2 Security Act solely due to age or the require-
3 ments of section 475(8)(B)(iv) of such Act before
4 October 1, 2021.
5 (e) TERMINATION OF CERTAIN PROVISIONS.—The pre-
6 ceding provisions of this section shall have no force or effect
7 after September 30, 2021.
8 SEC. 405. FAMILY FIRST PREVENTION SERVICES PROGRAM
9 PANDEMIC FLEXIBILITY.
10 During the COVID–19 public health emergency period,
11 each percentage specified in subparagraphs (A)(i) and (B)
12 of section 474(a)(6) of the Social Security Act is deemed
13 to be 100 percent.
14 SEC. 406. EMERGENCY FUNDING FOR THE MARYLEE ALLEN
15 PROMOTING SAFE AND STABLE FAMILIES
16 PROGRAM.
17 (a) IN GENERAL.—Out of any money in the Treasury
18 of the United States not otherwise appropriated, there are
19 appropriated $85,000,000 to carry out section 436(a) of the
20 Social Security Act for fiscal year 2020, in addition to any
21 amounts otherwise made available for such purpose. For
22 purposes of section 436(b) of such Act, the amount made
23 available by the preceding sentence shall be considered part
24 of the amount specified in such section 436(a).
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1 (b) INAPPLICABILITY OF STATE MATCHING REQUIRE-
2 MENT TO ADDITIONAL FUNDS.—In making payments under
3 section 434(a) of the Social Security Act from the addi-
4 tional funds made available as a result of subsection (a)
5 of this section, the percentage specified in section 434(a)(1)
6 of such Act is deemed to be 100 percent.
7 (c) CONFORMING AMENDMENTS.—Section 436 of the
8 Social Security Act (42 U.S.C. 629f) is amended in each
9 of subsections (a), (b)(4), and (b)(5) by striking ‘‘2021’’ and
10 inserting ‘‘2022’’.
11 SEC. 407. COURT IMPROVEMENT PROGRAM.
12 (a) RESERVATION OF FUNDS.—Of the additional
13 amounts made available by reason of section 406 of this
14 title, the Secretary shall reserve $10,000,000 for grants
15 under subsection (b) of this section, which shall be consid-
16 ered to be made under section 438 of the Social Security
17 Act.
18 (b) DISTRIBUTION OF FUNDS.—
19 (1) IN GENERAL.—From the amounts reserved
20 under subsection (a) of this section, the Secretary
21 shall—
22 (A) reserve not more than $500,000 for
23 Tribal court improvement activities; and
24 (B) from the amount remaining after the
25 application of subparagraph (A), make a grant
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1 to each highest State court that is approved to
2 receive a grant under section 438 of the Social
3 Security Act for the purpose described in section
4 438(a)(3) of such Act, for fiscal year 2020.
5 (2) AMOUNT.—The amount of the grant awarded
6 to a highest State court under this subsection shall be
7 the sum of—
8 (A) $85,000; and
9 (B) the amount that bears the same ratio to
10 the amount reserved under subsection (a) that re-
11 mains after the application of paragraph (1)(A)
12 and subparagraph (A) of this paragraph, as the
13 number of individuals in the State in which the
14 court is located who have not attained 21 years
15 of age bears to the total number of such individ-
16 uals in all States the highest courts of which
17 were awarded a grant under this subsection
18 (based on the most recent year for which data
19 are available from the Bureau of the Census).
20 (3) OTHER RULES.—
21 (A) IN GENERAL.—The grants awarded to
22 the highest State courts under this subsection
23 shall be in addition to any grants made to the
24 courts under section 438 of the Social Security
25 Act for any fiscal year.
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1 (B) NO ADDITIONAL APPLICATION.—The
2 Secretary shall award grants to the highest State
3 courts under this subsection without requiring
4 the courts to submit an additional application.
5 (C) REPORTS.—The Secretary may estab-
6 lish reporting criteria specific to the grants
7 awarded under this subsection.
8 (D) REDISTRIBUTION OF FUNDS.—If a
9 highest State court does not accept a grant
10 awarded under this subsection, or does not agree
11 to comply with any reporting requirements im-
12 posed under subparagraph (C) or the use of
13 funds requirements specified in subsection (c),
14 the Secretary shall redistribute the grant funds
15 that would have been awarded to that court
16 under this subsection among the other highest
17 State courts that are awarded grants under this
18 subsection and agree to comply with the report-
19 ing and use of funds requirements.
20 (E) NO MATCHING REQUIREMENT.—The
21 limitation on the use of funds specified in section
22 438(d) of such Act shall not apply to the grants
23 awarded under this section.
24 (c) USE OF FUNDS.—A highest State court awarded
25 a grant under subsection (b) shall use the grant funds to
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1 address needs stemming from the COVID–19 public health
2 emergency, which may include any of the following:
3 (1) Technology investments to facilitate the tran-
4 sition to remote hearings for dependency courts when
5 necessary as a direct result of the COVID–19 public
6 health emergency.
7 (2) Training for judges, attorneys, and case-
8 workers on facilitating and participating in remote
9 hearings that comply with due process and all appli-
10 cable law, ensure child safety and well-being, and
11 help inform judicial decision-making.
12 (3) Programs to help families address aspects of
13 the case plan to avoid delays in legal proceedings that
14 would occur as a direct result of the COVID–19 pub-
15 lic health emergency.
16 (4) Other purposes to assist courts, court per-
17 sonnel, or related staff related to the COVID–19 pub-
18 lic health emergency.
19 (d) CONFORMING AMENDMENTS.—Section 438 of the
20 Social Security Act (42 U.S.C. 629h) is amended in each
21 of subsections (c)(1) and (d) by striking ‘‘2021’’ and insert-
22 ing ‘‘2022’’.
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1 SEC. 408. KINSHIP NAVIGATOR PROGRAMS PANDEMIC
2 FLEXIBILITY.
3 (a) INAPPLICABILITY OF MATCHING FUNDS REQUIRE-
4 MENTS.—During the COVID–19 public health emergency
5 period, the percentage specified in section 474(a)(7) of the
6 Social Security Act is deemed to be 100 percent.
7 (b) WAIVER OF EVIDENCE STANDARD.—During the
8 COVID–19 public health emergency period, the requirement
9 in section 474(a)(7) of the Social Security Act that the Sec-
10 retary determine that a kinship navigator program be oper-
11 ated in accordance with promising, supported, or well-sup-
12 ported practices that meet the applicable criteria specified
13 for the practices in section 471(e)(4)(C) of such Act shall
14 have no force or effect.
15 (c) OTHER ALLOWABLE USES OF FUNDS.—A State
16 may use funds provided to carry out a kinship navigator
17 program—
18 (1) for evaluations, independent systematic re-
19 view, and related activities;
20 (2) to provide short-term support to kinship fam-
21 ilies for direct services or assistance during the
22 COVID–19 public health emergency period; and
23 (3) to ensure that kinship caregivers have the in-
24 formation and resources to allow kinship families to
25 function at their full potential, including—
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1 (A) ensuring that those who are at risk of
2 contracting COVID–19 have access to informa-
3 tion and resources for necessities, including food,
4 safety supplies, and testing and treatment for
5 COVID–19;
6 (B) access to technology and technological
7 supports needed for remote learning or other ac-
8 tivities that must be carried out virtually due to
9 the COVID–19 public health emergency;
10 (C) health care and other assistance, includ-
11 ing legal assistance and assistance with making
12 alternative care plans for the children in their
13 care if the caregivers were to become unable to
14 continue caring for the children;
15 (D) services to kinship families, including
16 kinship families raising children outside of the
17 foster care system; and
18 (E) assistance to allow children to continue
19 safely living with kin.
20 (d) TERRITORY CAP EXEMPTION.—Section 1108(a)(1)
21 of the Social Security Act shall be applied without regard
22 to any amount paid to a territory pursuant to this section
23 that would not have been paid to the territory in the absence
24 of this section.
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1 SEC. 409. ADJUSTMENT OF FUNDING CERTAINTY BASE-
2 LINES FOR FAMILY FIRST TRANSITION ACT
3 FUNDING CERTAINTY GRANTS.
4 Section 602(c)(2) of division N of the Further Consoli-
5 dated Appropriations Act, 2020 (Public Law 116–94) is
6 amended—
7 (1) in subparagraph (C), in the matter preceding
8 clause (i), by striking ‘‘The calculation’’ and insert-
9 ing ‘‘Except as provided in subparagraph (G), the
10 calculation’’; and
11 (2) by adding at the end the following:
12 ‘‘(G) ADJUSTMENT OF FUNDING CERTAINTY
13 BASELINES.—
14 ‘‘(i) HOLD HARMLESS FOR TEMPORARY
15 INCREASE IN FMAP.—For each fiscal year
16 specified in subparagraph (B), the Sec-
17 retary shall increase the maximum capped
18 allocation for fiscal year 2019 or the final
19 cost neutrality limit for fiscal year 2018 for
20 a State or sub-State jurisdiction referred to
21 in subparagraph (A)(i), by the amount
22 equal to the difference between—
23 ‘‘(I) the amount of the foster care
24 maintenance payments portion of such
25 maximum capped allocation or final
26 cost neutrality limit; and
•HR 925 EAH
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1 ‘‘(II) the amount that the foster
2 care maintenance payments portion of
3 such maximum capped allocation or
4 final cost neutrality limit would be if
5 the Federal medical assistance percent-
6 age applicable to the State under
7 clause (ii) for the fiscal year so speci-
8 fied were used to determine the amount
9 of such portion.
10 ‘‘(ii) APPLICABLE FEDERAL MEDICAL
11 ASSISTANCE PERCENTAGE.—For purposes of
12 clause (i)(II), the Federal medical assist-
13 ance percentage applicable to a State for a
14 fiscal year specified in subparagraph (B) is
15 the average of the values of the Federal med-
16 ical assistance percentage applicable to the
17 State in each quarter of such fiscal year
18 under section 474(a)(1) of the Social Secu-
19 rity Act (42 U.S.C. 674(a)(1)) after appli-
20 cation of any temporary increase in the
21 Federal medical assistance percentage for
22 the State and quarter under section 6008 of
23 the Families First Coronavirus Response
24 Act (42 U.S.C. 1396d note) and any other
25 Federal legislation enacted during the pe-
•HR 925 EAH
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1 riod that begins on July 1, 2020, and ends
2 on September 30, 2021.’’.
3 SEC. 410. TECHNICAL CORRECTION TO TEMPORARY IN-
4 CREASE OF MEDICAID FMAP.
5 Section 6008 of the Families First Coronavirus Re-
6 sponse Act (Public Law 116–127) is amended by adding
7 at the end the following:
8 ‘‘(e) APPLICATION TO TITLE IV–E PAYMENTS.—If the
9 District of Columbia receives the increase described in sub-
10 section (a) in the Federal medical assistance percentage for
11 the District of Columbia with respect to a quarter, the Fed-
12 eral medical assistance percentage for the District of Colum-
13 bia, as so increased, shall apply to payments made to the
14 District of Columbia under part E of title IV of the Social
15 Security Act (42 U.S.C. 670 et seq.) for that quarter, and
16 the payments under such part shall be deemed to be made
17 on the basis of the Federal medical assistance percentage
18 applied with respect to such District for purposes of title
19 XIX of such Act (42 U.S.C. 1396 et seq.) and as increased
20 under subsection (a).’’.
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1 TITLE V—PANDEMIC STATE
2 FLEXIBILITIES
3 SEC. 501. EMERGENCY FLEXIBILITY FOR STATE TANF PRO-
4 GRAMS.
5 (a) STATE PROGRAMS.—Sections 407(a), 407(e)(1),
6 and 408(a)(7)(A) of the Social Security Act shall have no
7 force or effect during the applicable period, and paragraphs
8 (3), (9), (14), and (15) of section 409(a) of such Act shall
9 not apply with respect to conduct engaged in during the
10 period.
11 (b) TRIBAL PROGRAMS.—The minimum work partici-
12 pation requirements and time limits established under sec-
13 tion 412(c) of the Social Security Act shall have no force
14 or effect during the applicable period, and the penalties es-
15 tablished under such section shall not apply with respect
16 to conduct engaged in during the period.
17 (c) PENALTY FOR NONCOMPLIANCE.—
18 (1) IN GENERAL.—If the Secretary of Health and
19 Human Services finds that a State or an Indian tribe
20 has imposed a work requirement as a condition of re-
21 ceiving assistance, or a time limit on the provision of
22 assistance, under a program funded under part A of
23 title IV of the Social Security Act or any program
24 funded with qualified State expenditures (as defined
25 in section 409(a)(7)(B)(i) of such Act) during the ap-
•HR 925 EAH
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1 plicable period, or has imposed a penalty for failure
2 to comply with a work requirement during the period,
3 the Secretary shall reduce the grant payable to the
4 State under section 403(a)(1) of such Act or the grant
5 payable to the tribe under section 412(a)(1) of such
6 Act, as the case may be, for fiscal year 2021 by an
7 amount equal to 5 percent of the State or tribal fam-
8 ily assistance grant, as the case may be.
9 (2) APPLICABILITY OF CERTAIN PROVISIONS.—
10 For purposes of section 409(d) of the Social Security
11 Act, paragraph (1) of this subsection shall be consid-
12 ered to be included in section 409(a) of such Act.
13 (d) DEFINITIONS.—In this section:
14 (1) APPLICABLE PERIOD.—The term ‘‘applicable
15 period’’ means the period that begins on March 1,
16 2020, and ends January 31, 2021.
17 (2) WORK REQUIREMENT.—The term ‘‘work re-
18 quirement’’ means a requirement to engage in a work
19 activity (as defined in section 407(d) of the Social Se-
20 curity Act) or other work-related activity as defined
21 by a State or tribal program funded under part A of
22 title IV of such Act.
23 (3) OTHER TERMS.—Each other term has the
24 meaning given the term in section 419 of the Social
25 Security Act.
•HR 925 EAH
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1 SEC. 502. EMERGENCY FLEXIBILITY FOR CHILD SUPPORT
2 PROGRAMS.
3 (a) IN GENERAL.—With respect to the period that be-
4 gins on March 1, 2020, and ends January 31, 2021:
5 (1) Sections 408(a)(2), 409(a)(5), and 409(a)(8)
6 of the Social Security Act shall have no force or effect.
7 (2) Notwithstanding section 466(d) of such Act,
8 the Secretary of Health and Human Services (in this
9 subsection referred to as the ‘‘Secretary’’) may exempt
10 a State from any requirement of section 466 of such
11 Act to respond to the COVID–19 pandemic, except
12 that the Secretary may not exempt a State from any
13 requirement to—
14 (A) provide a parent with notice of a right
15 to request a review and, if appropriate, adjust-
16 ment of a support order; or
17 (B) afford a parent the opportunity to make
18 such a request.
19 (3) The Secretary may not impose a penalty or
20 take any other adverse action against a State pursu-
21 ant to section 452(g)(1) of such Act for failure to
22 achieve a paternity establishment percentage of less
23 than 90 percent.
24 (4) The Secretary may not find that the pater-
25 nity establishment percentage for a State is not based
26 on reliable data for purposes of section 452(g)(1) of
•HR 925 EAH
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1 such Act, and the Secretary may not determine that
2 the data which a State submitted pursuant to section
3 452(a)(4)(C)(i) of such Act and which is used in de-
4 termining a performance level is not complete or reli-
5 able for purposes of section 458(b)(5)(B) of such Act,
6 on the basis of the failure of the State to submit
7 OCSE Form 396 or 34 in a timely manner.
8 (5) The Secretary may not impose a penalty or
9 take any other adverse action against a State for fail-
10 ure to comply with section 454A(g)(1)(A)(i) or
11 454B(c)(1) of such Act.
12 (6) The Secretary may not disapprove a State
13 plan submitted pursuant to part D of title IV of such
14 Act for failure of the plan to meet the requirement of
15 section 454(1) of such Act, and may not impose a
16 penalty or take any other adverse action against a
17 State with such a plan that meets that requirement
18 for failure to comply with that requirement.
19 (7) To the extent that a preceding provision of
20 this section applies with respect to a provision of law
21 applicable to a program operated by an Indian tribe
22 or tribal organization (as defined in subsections (e)
23 and (l) of section 4 of the Indian Self-Determination
24 and Education Assistance Act (25 U.S.C. 450b)), that
•HR 925 EAH
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1 preceding provision shall apply with respect to the
2 Indian tribe or tribal organization.
3 (b) CLARIFICATION OF PERFORMANCE INCENTIVE PAY-
4 MENT CALCULATION.—Notwithstanding paragraph (3) of
5 section 458(b) of the Social Security Act, the State incentive
6 payment share for each of fiscal years 2020 and 2021 for
7 purposes of such section shall be the State incentive pay-
8 ment share determined under such section for fiscal year
9 2019.
10 (c) STATE DEFINED.—In subsection (a), the term
11 ‘‘State’’ has the meaning given the term in section 1101(a)
12 of the Social Security Act for purposes of title IV of such
13 Act.
14 DIVISION K—HEALTH
15 PROVISIONS
16 SEC. 100. SHORT TITLE.
17 This division may be cited as the ‘‘Investing in Amer-
18 ica’s Health Care During the COVID–19 Pandemic Act’’.
19 TITLE I—MEDICAID PROVISIONS
20 SEC. 101. COVID–19-RELATED TEMPORARY INCREASE OF
21 MEDICAID FMAP.
22 (a) IN GENERAL.—Section 6008 of the Families First
23 Coronavirus Response Act (42 U.S.C. 1396d note) is
24 amended—
25 (1) in subsection (a)—
•HR 925 EAH
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1 (A) by inserting ‘‘(or, if later, September
2 30, 2021)’’ after ‘‘last day of such emergency pe-
3 riod occurs’’; and
4 (B) by striking ‘‘6.2 percentage points.’’
5 and inserting ‘‘the percentage points specified in
6 subsection (e). In no case may the application of
7 this section result in the Federal medical assist-
8 ance percentage determined for a State being
9 more than 95 percent.’’; and
10 (2) by adding at the end the following new sub-
11 sections:
12 ‘‘(f) SPECIFIED PERCENTAGE POINTS.—For purposes
13 of subsection (a), the percentage points specified in this sub-
14 section are—
15 ‘‘(1) for each calendar quarter occurring during
16 the period beginning on the first day of the emergency
17 period described in paragraph (1)(B) of section
18 1135(g) of the Social Security Act (42 U.S.C. 1320b-
19 5(g)) and ending on September 30, 2020, 6.2 percent-
20 age points;
21 ‘‘(2) for each calendar quarter occurring during
22 the period beginning on October 1, 2020, and ending
23 on September 30, 2021, 14 percentage points; and
24 ‘‘(3) for each calendar quarter, if any, occurring
25 during the period beginning on October 1, 2021, and
•HR 925 EAH
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1 ending on the last day of the calendar quarter in
2 which the last day of such emergency period occurs,
3 6.2 percentage points.
4 ‘‘(g) CLARIFICATIONS.—
5 ‘‘(1) In the case of a State that treats an indi-
6 vidual described in subsection (b)(3) as eligible for the
7 benefits described in such subsection, for the period
8 described in subsection (a), expenditures for medical
9 assistance and administrative costs attributable to
10 such individual that would not otherwise be included
11 as expenditures under section 1903 of the Social Secu-
12 rity Act shall be regarded as expenditures under the
13 State plan approved under title XIX of the Social Se-
14 curity Act or for administration of such State plan.
15 ‘‘(2) The limitations on payment under sub-
16 sections (f) and (g) of section 1108 of the Social Secu-
17 rity Act (42 U.S.C. 1308) shall not apply to Federal
18 payments made under section 1903(a)(1) of the Social
19 Security Act (42 U.S.C. 1396b(a)(1)) attributable to
20 the increase in the Federal medical assistance per-
21 centage under this section.
22 ‘‘(3) Expenditures attributable to the increased
23 Federal medical assistance percentage under this sec-
24 tion shall not be counted for purposes of the limita-
•HR 925 EAH
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1 tions under section 2104(b)(4) of such Act (42 U.S.C.
2 1397dd(b)(4)).
3 ‘‘(4) Notwithstanding the first sentence of section
4 2105(b) of the Social Security Act (42 U.S.C.
5 1397ee(b)), the application of the increase under this
6 section may result in the enhanced FMAP of a State
7 for a fiscal year under such section exceeding 85 per-
8 cent, but in no case may the application of such in-
9 crease before application of the second sentence of such
10 section result in the enhanced FMAP of the State ex-
11 ceeding 95 percent.
12 ‘‘(h) SCOPE OF APPLICATION.—An increase in the
13 Federal medical assistance percentage for a State under this
14 section shall not be taken into account for purposes of pay-
15 ments under part D of title IV of the Social Security Act
16 (42 U.S.C. 651 et seq.).’’.
17 (b) EFFECTIVE DATE.—The amendments made by sub-
18 section (a) shall take effect and apply as if included in the
19 enactment of section 6008 of the Families First Coronavirus
20 Response Act (Public Law 116–127).
21 SEC. 102. ADDITIONAL SUPPORT FOR MEDICAID HOME AND
22 COMMUNITY-BASED SERVICES DURING THE
23 COVID–19 EMERGENCY PERIOD.
24 (a) INCREASED FMAP.—
•HR 925 EAH
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1 (1) IN GENERAL.—Notwithstanding section
2 1905(b) of the Social Security Act (42 U.S.C.
3 1396d(b)), in the case of an HCBS program State,
4 the Federal medical assistance percentage determined
5 for the State under section 1905(b) of such Act and,
6 if applicable, increased under subsection (y), (z), or
7 (aa) of section 1905 of such Act (42 U.S.C. 1396d),
8 section 1915(k) of such Act (42 U.S.C. 1396n(k)), or
9 section 6008(a) of the Families First Coronavirus Re-
10 sponse Act (Public Law 116–127), shall be increased
11 by 10 percentage points with respect to expenditures
12 of the State under the State Medicaid program for
13 home and community-based services that are provided
14 during the HCBS program improvement period. In
15 no case may the application of the previous sentence
16 result in the Federal medical assistance percentage
17 determined for a State being more than 95 percent.
18 (2) DEFINITIONS.—In this section:
19 (A) HCBS PROGRAM IMPROVEMENT PE-
20 RIOD.—The term ‘‘HCBS program improvement
21 period’’ means, with respect to a State, the pe-
22 riod—
23 (i) beginning on October 1, 2020; and
24 (ii) ending on September 30, 2021.
•HR 925 EAH
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1 (B) HCBS PROGRAM STATE.—The term
2 ‘‘HCBS program State’’ means a State that
3 meets the condition described in subsection (b) by
4 submitting an application described in such sub-
5 section, which is approved by the Secretary pur-
6 suant to subsection (c).
7 (C) HOME AND COMMUNITY-BASED SERV-
8 ICES.—The term ‘‘home and community-based
9 services’’ means home health care services author-
10 ized under paragraph (7) of section 1905(a) of
11 the Social Security Act (42 U.S.C. 1396d(a)),
12 personal care services authorized under para-
13 graph (24) of such section, PACE services au-
14 thorized under paragraph (26) of such section,
15 services authorized under subsections (b), (c), (i),
16 (j), and (k) of section 1915 of such Act (42
17 U.S.C. 1396n), such services authorized under a
18 waiver under section 1115 of such Act (42 U.S.C.
19 1315), and such other services specified by the
20 Secretary.
21 (b) CONDITION.—The condition described in this sub-
22 section, with respect to a State, is that the State submits
23 an application to the Secretary, at such time and in such
24 manner as specified by the Secretary, that includes, in ad-
•HR 925 EAH
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1 dition to such other information as the Secretary shall re-
2 quire—
3 (1) a description of which activities described in
4 subsection (d) that a state plans to implement and a
5 description of how it plans to implement such activi-
6 ties;
7 (2) assurances that the Federal funds attrib-
8 utable to the increase under subsection (a) will be
9 used—
10 (A) to implement the activities described in
11 subsection (d); and
12 (B) to supplement, and not supplant, the
13 level of State funds expended for home and com-
14 munity-based services for eligible individuals
15 through programs in effect as of the date of the
16 enactment of this section; and
17 (3) assurances that the State will conduct ade-
18 quate oversight and ensure the validity of such data
19 as may be required by the Secretary.
20 (c) APPROVAL OF APPLICATION.—Not later than 90
21 days after the date of submission of an application of a
22 State under subsection (b), the Secretary shall certify if the
23 application is complete. Upon certification that an applica-
24 tion of a State is complete, the application shall be deemed
25 to be approved for purposes of this section.
•HR 925 EAH
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1 (d) ACTIVITIES TO IMPROVE THE DELIVERY OF
2 HCBS.—
3 (1) IN GENERAL.—A State shall work with com-
4 munity partners, such as Area Agencies on Aging,
5 Centers for Independent Living, non-profit home and
6 community-based services providers, and other enti-
7 ties providing home and community-based services, to
8 implement—
9 (A) the purposes described in paragraph (2)
10 during the COVID–19 public health emergency
11 period; and
12 (B) the purposes described in paragraph (3)
13 after the end of such emergency period.
14 (2) FOCUSED AREAS OF HCBS IMPROVEMENT.—
15 The purposes described in this paragraph, with re-
16 spect to a State, are the following:
17 (A) To increase rates for home health agen-
18 cies and agencies that employ direct support pro-
19 fessionals (including independent providers in a
20 self-directed or consumer-directed model) to pro-
21 vide home and community-based services under
22 the State Medicaid program, provided that any
23 agency or individual that receives payment
24 under such an increased rate increases the com-
•HR 925 EAH
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1 pensation it pays its home health workers or di-
2 rect support professionals.
3 (B) To provide paid sick leave, paid family
4 leave, and paid medical leave for home health
5 workers and direct support professionals.
6 (C) To provide hazard pay, overtime pay,
7 and shift differential pay for home health work-
8 ers and direct support professionals.
9 (D) To provide home and community-based
10 services to eligible individuals who are on wait-
11 ing lists for programs approved under sections
12 1115 or 1915 of the Social Security Act (42
13 U.S.C. 1315, 1396n).
14 (E) To purchase emergency supplies and
15 equipment, which may include items not typi-
16 cally covered under the Medicaid program, such
17 as personal protective equipment, necessary to
18 enhance access to services and to protect the
19 health and well-being of home health workers and
20 direct support professionals.
21 (F) To pay for the travel of home health
22 workers and direct support professionals to con-
23 duct home and community-based services.
24 (G) To recruit new home health workers
25 and direct support professionals.
•HR 925 EAH
1034
1 (H) To support family care providers of eli-
2 gible individuals with needed supplies and
3 equipment, which may include items not typi-
4 cally covered under the Medicaid program, such
5 as personal protective equipment, and pay.
6 (I) To pay for training for home health
7 workers and direct support professionals that is
8 specific to the COVID–19 public health emer-
9 gency.
10 (J) To pay for assistive technologies, staff-
11 ing, and other costs incurred during the COVID–
12 19 public health emergency period in order to fa-
13 cilitate community integration and ensure an
14 individual’s person-centered service plan con-
15 tinues to be fully implemented.
16 (K) To prepare information and public
17 health and educational materials in accessible
18 formats (including formats accessible to people
19 with low literacy or intellectual disabilities)
20 about prevention, treatment, recovery and other
21 aspects of COVID–19 for eligible individuals,
22 their families, and the general community served
23 by agencies described in subparagraph (A).
24 (L) To pay for American sign language in-
25 terpreters to assist in providing home and com-
•HR 925 EAH
1035
1 munity-based services to eligible individuals and
2 to inform the general public about COVID–19.
3 (M) To allow day services providers to pro-
4 vide home and community-based services.
5 (N) To pay for other expenses deemed ap-
6 propriate by the Secretary to enhance, expand,
7 or strengthen Home and Community-Based
8 Services, including retainer payments, and ex-
9 penses which meet the criteria of the home and
10 community-based settings rule published on Jan-
11 uary 16, 2014.
12 (3) PERMISSIBLE USES AFTER THE EMERGENCY
13 PERIOD.—The purpose described in this paragraph,
14 with respect to a State, is to assist eligible individ-
15 uals who had to relocate to a nursing facility or insti-
16 tutional setting from their homes during the COVID–
17 19 public health emergency period in—
18 (A) moving back to their homes (including
19 by paying for moving costs, first month’s rent,
20 and other one-time expenses and start-up costs);
21 (B) resuming home and community-based
22 services;
23 (C) receiving mental health services and
24 necessary rehabilitative service to regain skills
•HR 925 EAH
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1 lost while relocated during the public health
2 emergency period; and
3 (D) while funds attributable to the in-
4 creased FMAP under this section remain avail-
5 able, continuing home and community-based
6 services for eligible individuals who were served
7 from a waiting list for such services during the
8 public health emergency period.
9 (e) REPORTING REQUIREMENTS.—
10 (1) STATE REPORTING REQUIREMENTS.—Not
11 later than December 31, 2022, any State with respect
12 to which an application is approved by the Secretary
13 pursuant to subsection (c) shall submit a report to the
14 Secretary that contains the following information:
15 (A) Activities and programs that were fund-
16 ed using Federal funds attributable to such in-
17 crease.
18 (B) The number of eligible individuals who
19 were served by such activities and programs.
20 (C) The number of eligible individuals who
21 were able to resume home and community-based
22 services as a result of such activities and pro-
23 grams.
24 (2) HHS EVALUATION.—
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1 (A) IN GENERAL.—The Secretary shall
2 evaluate the implementation and outcomes of
3 this section in the aggregate using an external
4 evaluator with experience evaluating home and
5 community-based services, disability programs,
6 and older adult programs.
7 (B) EVALUATION CRITERIA.—For purposes
8 of subparagraph (A), the external evaluator
9 shall—
10 (i) document and evaluate changes in
11 access, availability, and quality of home
12 and community-based services in each
13 HCBS program State;
14 (ii) document and evaluate aggregate
15 changes in access, availability, and quality
16 of home and community-based services
17 across all such States; and
18 (iii) evaluate the implementation and
19 outcomes of this section based on—
20 (I) the impact of this section on
21 increasing funding for home and com-
22 munity-based services;
23 (II) the impact of this section on
24 achieving targeted access, availability,
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1 and quality of home and community-
2 based services; and
3 (III) promising practices identi-
4 fied by activities conducted pursuant
5 to subsection (d) that increase access
6 to, availability of, and quality of home
7 and community-based services.
8 (C) DISSEMINATION OF EVALUATION FIND-
9 INGS.—The Secretary shall—
10 (i) disseminate the findings from the
11 evaluations conducted under this paragraph
12 to—
13 (I) all State Medicaid directors;
14 and
15 (II) the Committee on Energy and
16 Commerce of the House of Representa-
17 tives, the Committee on Finance of the
18 Senate, and the Special Committee on
19 Aging of the Senate; and
20 (ii) make all evaluation findings pub-
21 licly available in an accessible electronic
22 format and any other accessible format de-
23 termined appropriate by the Secretary.
24 (D) OVERSIGHT.—Each State with respect
25 to which an application is approved by the Sec-
•HR 925 EAH
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1 retary pursuant to subsection (c) shall ensure
2 adequate oversight of the expenditure of Federal
3 funds pursuant to such increase in accordance
4 with the Medicaid regulations, including section
5 1115 and 1915 waiver regulations and special
6 terms and conditions for any relevant waiver or
7 grant program.
8 (3) NON-APPLICATION OF THE PAPERWORK RE-
9 DUCTION ACT.—Chapter 35 of title 44, United States
10 Code (commonly referred to as the ‘‘Paperwork Re-
11 duction Act of 1995’’), shall not apply to the provi-
12 sions of this subsection.
13 (f) ADDITIONAL DEFINITIONS.—In this section:
14 (1) COVID–19 PUBLIC HEALTH EMERGENCY PE-
15 RIOD.—The term ‘‘COVID–19 public health emer-
16 gency period’’ means the portion of the emergency pe-
17 riod described in paragraph (1)(B) of section 1135(g)
18 of the Social Security Act (42 U.S.C. 1320b–5(g)) be-
19 ginning on or after the date of the enactment of this
20 Act.
21 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible
22 individual’’ means an individual who is eligible for
23 or enrolled for medical assistance under a State Med-
24 icaid program.
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1 (3) MEDICAID PROGRAM.—The term ‘‘Medicaid
2 program’’ means, with respect to a State, the State
3 program under title XIX of the Social Security Act
4 (42 U.S.C. 1396 et seq.) (including any waiver or
5 demonstration under such title or under section 1115
6 of such Act (42 U.S.C. 1315) relating to such title).
7 (4) SECRETARY.—The term ‘‘Secretary’’ means
8 the Secretary of Health and Human Services.
9 (5) STATE.—The term ‘‘State’’ has the meaning
10 given such term for purposes of title XIX of the Social
11 Security Act (42 U.S.C. 1396 et seq.).
12 SEC. 103. COVERAGE AT NO COST SHARING OF COVID–19
13 VACCINE AND TREATMENT.
14 (a) MEDICAID.—
15 (1) IN GENERAL.—Section 1905(a)(4) of the So-
16 cial Security Act (42 U.S.C. 1396d(a)(4)) is amend-
17 ed—
18 (A) by striking ‘‘and (D)’’ and inserting
19 ‘‘(D)’’; and
20 (B) by striking the semicolon at the end and
21 inserting ‘‘; (E) during the portion of the emer-
22 gency period described in paragraph (1)(B) of
23 section 1135(g) beginning on the date of the en-
24 actment of the Investing in America’s Health
25 Care During the COVID–19 Pandemic Act, a
•HR 925 EAH
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1 COVID–19 vaccine licensed under section 351 of
2 the Public Health Service Act, or approved or
3 authorized under sections 505 or 564 of the Fed-
4 eral Food, Drug, and Cosmetic Act, and admin-
5 istration of the vaccine; (F) during such portion
6 of the emergency period described in paragraph
7 (1)(B) of section 1135(g), items or services for
8 the prevention or treatment of COVID–19, in-
9 cluding drugs approved or authorized under such
10 section 505 or such section 564 or, without re-
11 gard to the requirements of section
12 1902(a)(10)(B) (relating to comparability), in
13 the case of an individual who is diagnosed with
14 or presumed to have COVID–19, during such
15 portion of such emergency period during which
16 such individual is infected (or presumed in-
17 fected) with COVID–19, the treatment of a con-
18 dition that may complicate the treatment of
19 COVID–19;’’.
20 (2) PROHIBITION OF COST SHARING.—
21 (A) IN GENERAL.—Subsections (a)(2) and
22 (b)(2) of section 1916 of the Social Security Act
23 (42 U.S.C. 1396o) are each amended—
24 (i) in subparagraph (F), by striking
25 ‘‘or’’ at the end;
•HR 925 EAH
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1 (ii) in subparagraph (G), by striking
2 ‘‘; and’’ and inserting ‘‘, or’’; and
3 (iii) by adding at the end the following
4 subparagraphs:
5 ‘‘(H) during the portion of the emergency
6 period described in paragraph (1)(B) of section
7 1135(g) beginning on the date of the enactment
8 of this subparagraph, a COVID–19 vaccine li-
9 censed under section 351 of the Public Health
10 Service Act, or approved or authorized under
11 section 505 or 564 of the Federal Food, Drug,
12 and Cosmetic Act, and the administration of
13 such vaccine, or
14 ‘‘(I) during such portion of the emergency
15 period described in paragraph (1)(B) of section
16 1135(g), any item or service furnished for the
17 treatment of COVID–19, including drugs ap-
18 proved or authorized under such section 505 or
19 such section 564 or, in the case of an individual
20 who is diagnosed with or presumed to have
21 COVID–19, during the portion of such emer-
22 gency period during which such individual is in-
23 fected (or presumed infected) with COVID–19,
24 the treatment of a condition that may complicate
25 the treatment of COVID–19; and’’.
•HR 925 EAH
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1 (B) APPLICATION TO ALTERNATIVE COST
2 SHARING.—Section 1916A(b)(3)(B) of the Social
3 Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is
4 amended—
5 (i) in clause (xi), by striking ‘‘any
6 visit’’ and inserting ‘‘any service’’; and
7 (ii) by adding at the end the following
8 clauses:
9 ‘‘(xii) During the portion of the emer-
10 gency period described in paragraph (1)(B)
11 of section 1135(g) beginning on the date of
12 the enactment of this clause, a COVID–19
13 vaccine licensed under section 351 of the
14 Public Health Service Act, or approved or
15 authorized under section 505 or 564 of the
16 Federal Food, Drug, and Cosmetic Act, and
17 the administration of such vaccine.
18 ‘‘(xiii) During such portion of the
19 emergency period described in paragraph
20 (1)(B) of section 1135(g), an item or service
21 furnished for the treatment of COVID–19,
22 including drugs approved or authorized
23 under such section 505 or such section 564
24 or, in the case of an individual who is diag-
25 nosed with or presumed to have COVID–19,
•HR 925 EAH
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1 during such portion of such emergency pe-
2 riod during which such individual is in-
3 fected (or presumed infected) with COVID–
4 19, the treatment of a condition that may
5 complicate the treatment of COVID–19.’’.
6 (C) CLARIFICATION.—The amendments
7 made by this subsection shall apply with respect
8 to a State plan of a territory in the same man-
9 ner as a State plan of one of the 50 States.
10 (b) STATE PEDIATRIC VACCINE DISTRIBUTION PRO-
11 GRAM.—Section 1928 of the Social Security Act (42 U.S.C.
12 1396s) is amended—
13 (1) in subsection (a)(1)—
14 (A) in subparagraph (A), by striking ‘‘;
15 and’’ and inserting a semicolon;
16 (B) in subparagraph (B), by striking the
17 period and inserting ‘‘; and’’; and
18 (C) by adding at the end the following sub-
19 paragraph:
20 ‘‘(C) during the portion of the emergency
21 period described in paragraph (1)(B) of section
22 1135(g) beginning on the date of the enactment
23 of this subparagraph, each vaccine-eligible child
24 (as defined in subsection (b)) is entitled to re-
25 ceive a COVID–19 vaccine from a program-reg-
•HR 925 EAH
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1 istered provider (as defined in subsection (h)(7))
2 without charge for—
3 ‘‘(i) the cost of such vaccine; or
4 ‘‘(ii) the administration of such vac-
5 cine.’’;
6 (2) in subsection (c)(2)—
7 (A) in subparagraph (C)(ii), by inserting ‘‘,
8 but, during the portion of the emergency period
9 described in paragraph (1)(B) of section 1135(g)
10 beginning on the date of the enactment of the In-
11 vesting in America’s Health Care During the
12 COVID–19 Pandemic Act, may not impose a fee
13 for the administration of a COVID–19 vaccine’’
14 before the period; and
15 (B) by adding at the end the following sub-
16 paragraph:
17 ‘‘(D) The provider will provide and admin-
18 ister an approved COVID–19 vaccine to a vac-
19 cine-eligible child in accordance with the same
20 requirements as apply under the preceding sub-
21 paragraphs to the provision and administration
22 of a qualified pediatric vaccine to such a child.’’;
23 and
24 (3) in subsection (d)(1), in the first sentence, by
25 inserting ‘‘, including, during the portion of the emer-
•HR 925 EAH
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1 gency period described in paragraph (1)(B) of section
2 1135(g) beginning on the date of the enactment of the
3 Investing in America’s Health Care During the
4 COVID–19 Pandemic Act, with respect to a COVID–
5 19 vaccine licensed under section 351 of the Public
6 Health Service Act, or approved or authorized under
7 section 505 or 564 of the Federal Food, Drug, and
8 Cosmetic Act’’ before the period.
9 (c) CHIP.—
10 (1) IN GENERAL.—Section 2103(c) of the Social
11 Security Act (42 U.S.C. 1397cc(c)) is amended by
12 adding at the end the following paragraph:
13 ‘‘(11) COVERAGE OF COVID–19 VACCINES AND
14 TREATMENT.—Regardless of the type of coverage elect-
15 ed by a State under subsection (a), child health assist-
16 ance provided under such coverage for targeted low-
17 income children and, in the case that the State elects
18 to provide pregnancy-related assistance under such
19 coverage pursuant to section 2112, such pregnancy-re-
20 lated assistance for targeted low-income pregnant
21 women (as defined in section 2112(d)) shall include
22 coverage, during the portion of the emergency period
23 described in paragraph (1)(B) of section 1135(g) be-
24 ginning on the date of the enactment of this para-
25 graph, of—
•HR 925 EAH
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1 ‘‘(A) a COVID–19 vaccine licensed under
2 section 351 of the Public Health Service Act, or
3 approved or authorized under section 505 or 564
4 of the Federal Food, Drug, and Cosmetic Act,
5 and the administration of such vaccine; and
6 ‘‘(B) any item or service furnished for the
7 treatment of COVID–19, including drugs ap-
8 proved or authorized under such section 505 or
9 such section 564, or, in the case of an individual
10 who is diagnosed with or presumed to have
11 COVID–19, during the portion of such emer-
12 gency period during which such individual is in-
13 fected (or presumed infected) with COVID–19,
14 the treatment of a condition that may complicate
15 the treatment of COVID–19.’’.
16 (2) PROHIBITION OF COST SHARING.—Section
17 2103(e)(2) of the Social Security Act (42 U.S.C.
18 1397cc(e)(2)), as amended by section 6004(b)(3) of the
19 Families First Coronavirus Response Act, is amend-
20 ed—
21 (A) in the paragraph header, by inserting
22 ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’
23 before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’;
24 and
•HR 925 EAH
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1 (B) by striking ‘‘visits described in section
2 1916(a)(2)(G), or’’ and inserting ‘‘services de-
3 scribed in section 1916(a)(2)(G), vaccines de-
4 scribed in section 1916(a)(2)(H) administered
5 during the portion of the emergency period de-
6 scribed in paragraph (1)(B) of section 1135(g)
7 beginning on the date of the enactment of the In-
8 vesting in America’s Health Care During the
9 COVID–19 Pandemic Act, items or services de-
10 scribed in section 1916(a)(2)(I) furnished during
11 such emergency period, or’’.
12 (d) CONFORMING AMENDMENTS.—Section 1937 of the
13 Social Security Act (42 U.S.C. 1396u–7) is amended—
14 (1) in subsection (a)(1)(B), by inserting ‘‘, under
15 subclause (XXIII) of section 1902(a)(10)(A)(ii),’’ after
16 ‘‘section 1902(a)(10)(A)(i)’’; and
17 (2) in subsection (b)(5), by adding before the pe-
18 riod the following: ‘‘, and, effective on the date of the
19 enactment of the Investing in America’s Health Care
20 During the COVID–19 Pandemic Act, must comply
21 with subparagraphs (F) through (I) of subsections
22 (a)(2) and (b)(2) of section 1916 and subsection
23 (b)(3)(B) of section 1916A’’.
24 (e) EFFECTIVE DATE.—The amendments made by this
25 section shall take effect on the date of enactment of this Act
•HR 925 EAH
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1 and shall apply with respect to a COVID–19 vaccine begin-
2 ning on the date that such vaccine is licensed under section
3 351 of the Public Health Service Act (42 U.S.C. 262), or
4 approved or authorized under section 505 or 564 of the Fed-
5 eral Food, Drug, and Cosmetic Act.
6 SEC. 104. OPTIONAL COVERAGE AT NO COST SHARING OF
7 COVID–19 TREATMENT AND VACCINES UNDER
8 MEDICAID FOR UNINSURED INDIVIDUALS.
9 (a) IN GENERAL.—Section 1902(a)(10) of the Social
10 Security Act (42 U.S.C. 1396a(a)(10) is amended, in the
11 matter following subparagraph (G), by striking ‘‘and any
12 visit described in section 1916(a)(2)(G)’’ and inserting the
13 following: ‘‘, any COVID–19 vaccine that is administered
14 during any such portion (and the administration of such
15 vaccine), any item or service that is furnished during any
16 such portion for the treatment of COVID–19, including
17 drugs approved or authorized under section 505 or 564 of
18 the Federal Food, Drug, and Cosmetic Act, or, in the case
19 of an individual who is diagnosed with or presumed to have
20 COVID–19, during the period such individual is infected
21 (or presumed infected) with COVID–19, the treatment of
22 a condition that may complicate the treatment of COVID–
23 19, and any services described in section 1916(a)(2)(G)’’.
24 (b) DEFINITION OF UNINSURED INDIVIDUAL.—
•HR 925 EAH
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1 (1) IN GENERAL.—Subsection (ss) of section
2 1902 of the Social Security Act (42 U.S.C. 1396a) is
3 amended to read as follows:
4 ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur-
5 poses of this section, the term ‘uninsured individual’ means,
6 notwithstanding any other provision of this title, any indi-
7 vidual who is not covered by minimum essential coverage
8 (as defined in section 5000A(f)(1) of the Internal Revenue
9 Code of 1986).’’.
10 (2) EFFECTIVE DATE.—The amendment made by
11 paragraph (1) shall take effect and apply as if in-
12 cluded in the enactment of the Families First
13 Coronavirus Response Act (Public Law 116–127).
14 (c) CLARIFICATION REGARDING EMERGENCY SERV-
15 ICES FOR CERTAIN INDIVIDUALS.—Section 1903(v)(2) of
16 the Social Security Act (42 U.S.C. 1396b(v)(2)) is amended
17 by adding at the end the following flush sentence:
18 ‘‘For purposes of subparagraph (A), care and services
19 described in such subparagraph include any in vitro
20 diagnostic product described in section 1905(a)(3)(B)
21 (and the administration of such product), any
22 COVID–19 vaccine (and the administration of such
23 vaccine), any item or service that is furnished for the
24 treatment of COVID–19, including drugs approved or
25 authorized under section 505 or 564 of the Federal
•HR 925 EAH
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1 Food, Drug, and Cosmetic Act, or a condition that
2 may complicate the treatment of COVID–19, and any
3 services described in section 1916(a)(2)(G).’’.
4 (d) INCLUSION OF COVID–19 CONCERN AS AN EMER-
5 GENCY CONDITION.—Section 1903(v)(3) of the Social Secu-
6 rity Act (42 U.S.C. 1396b(v)(3)) is amended by adding at
7 the end the following flush sentence:
8 ‘‘Such term includes any indication that an alien de-
9 scribed in paragraph (1) may have contracted
10 COVID–19.’’.
11 SEC. 105. MEDICAID COVERAGE FOR CITIZENS OF FREELY
12 ASSOCIATED STATES.
13 (a) IN GENERAL.—Section 402(b)(2) of the Personal
14 Responsibility and Work Opportunity Reconciliation Act
15 of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the
16 end the following new subparagraph:
17 ‘‘(G) MEDICAID EXCEPTION FOR CITIZENS
18 OF FREELY ASSOCIATED STATES.—With respect
19 to eligibility for benefits for the designated Fed-
20 eral program defined in paragraph (3)(C) (relat-
21 ing to the Medicaid program), section 401(a)
22 and paragraph (1) shall not apply to any indi-
23 vidual who lawfully resides in 1 of the 50 States
24 or the District of Columbia in accordance with
25 the Compacts of Free Association between the
•HR 925 EAH
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1 Government of the United States and the Gov-
2 ernments of the Federated States of Micronesia,
3 the Republic of the Marshall Islands, and the Re-
4 public of Palau and shall not apply, at the op-
5 tion of the Governor of Puerto Rico, the Virgin
6 Islands, Guam, the Northern Mariana Islands,
7 or American Samoa as communicated to the Sec-
8 retary of Health and Human Services in writ-
9 ing, to any individual who lawfully resides in
10 the respective territory in accordance with such
11 Compacts.’’.
12 (b) EXCEPTION TO 5–YEAR LIMITED ELIGIBILITY.—
13 Section 403(d) of such Act (8 U.S.C. 1613(d)) is amended—
14 (1) in paragraph (1), by striking ‘‘or’’ at the
15 end;
16 (2) in paragraph (2), by striking the period at
17 the end and inserting ‘‘; or’’; and
18 (3) by adding at the end the following new para-
19 graph:
20 ‘‘(3) an individual described in section
21 402(b)(2)(G), but only with respect to the designated
22 Federal program defined in section 402(b)(3)(C).’’.
23 (c) DEFINITION OF QUALIFIED ALIEN.—Section
24 431(b) of such Act (8 U.S.C. 1641(b)) is amended—
•HR 925 EAH
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1 (1) in paragraph (6), by striking ‘‘; or’’ at the
2 end and inserting a comma;
3 (2) in paragraph (7), by striking the period at
4 the end and inserting ‘‘, or’’; and
5 (3) by adding at the end the following new para-
6 graph:
7 ‘‘(8) an individual who lawfully resides in the
8 United States in accordance with a Compact of Free
9 Association referred to in section 402(b)(2)(G), but
10 only with respect to the designated Federal program
11 defined in section 402(b)(3)(C) (relating to the Med-
12 icaid program).’’.
13 (d) APPLICATION TO STATE PLANS.—Section
14 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C.
15 1396a(a)(10)(A)(i)) is amended by inserting after subclause
16 (IX) the following:
17 ‘‘(X) who are described in section
18 402(b)(2)(G) of the Personal Responsi-
19 bility and Work Opportunity Rec-
20 onciliation Act of 1996 and eligible for
21 benefits under this title by reason of
22 application of such section;’’.
23 (e) CONFORMING AMENDMENTS.—Section 1108 of the
24 Social Security Act (42 U.S.C. 1308) is amended—
•HR 925 EAH
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1 (1) in subsection (f), in the matter preceding
2 paragraph (1), by striking ‘‘subsections (g) and (h)
3 and section 1935(e)(1)(B)’’ and inserting ‘‘subsections
4 (g), (h), and (i) and section 1935(e)(1)(B)’’; and
5 (2) by adding at the end the following:
6 ‘‘(i) EXCLUSION OF MEDICAL ASSISTANCE EXPENDI-
7 TURES FOR CITIZENS OF FREELY ASSOCIATED STATES.—
8 Expenditures for medical assistance provided to an indi-
9 vidual described in section 431(b)(8) of the Personal Re-
10 sponsibility and Work Opportunity Reconciliation Act of
11 1996 (8 U.S.C. 1641(b)(8)) shall not be taken into account
12 for purposes of applying payment limits under subsections
13 (f) and (g).’’.
14 (f) EFFECTIVE DATE.—The amendments made by this
15 section shall apply to benefits for items and services fur-
16 nished on or after the date of the enactment of this Act.
17 SEC. 106. TEMPORARY INCREASE IN MEDICAID DSH ALLOT-
18 MENTS.
19 (a) IN GENERAL.—Section 1923(f)(3) of the Social Se-
20 curity Act (42 U.S.C. 1396r–4(f)(3)) is amended—
21 (1) in subparagraph (A), by striking ‘‘and sub-
22 paragraph (E)’’ and inserting ‘‘and subparagraphs
23 (E) and (F)’’; and
24 (2) by adding at the end the following new sub-
25 paragraph:
•HR 925 EAH
1055
1 ‘‘(F) TEMPORARY INCREASE IN ALLOT-
2 MENTS DURING CERTAIN PUBLIC HEALTH EMER-
3 GENCY.—The DSH allotment for any State for
4 each of fiscal years 2020 and 2021 is equal to
5 102.5 percent of the DSH allotment that would
6 be determined under this paragraph for the State
7 for each respective fiscal year without applica-
8 tion of this subparagraph, notwithstanding sub-
9 paragraphs (B) and (C). For each fiscal year
10 after fiscal year 2021, the DSH allotment for a
11 State for such fiscal year is equal to the DSH
12 allotment that would have been determined
13 under this paragraph for such fiscal year if this
14 subparagraph had not been enacted.’’.
15 (b) DSH ALLOTMENT ADJUSTMENT FOR TEN-
16 NESSEE.—Section 1923(f)(6)(A)(vi) of the Social Security
17 Act (42 U.S.C. 1396r–4(f)(6)(A)(vi)) is amended—
18 (1) by striking ‘‘Notwithstanding any other pro-
19 vision of this subsection’’ and inserting the following:
20 ‘‘(I) IN GENERAL.—Notwith-
21 standing any other provision of this
22 subsection (except as provided in sub-
23 clause (II) of this clause)’’; and
24 (2) by adding at the end the following:
•HR 925 EAH
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1 ‘‘(II) TEMPORARY INCREASE IN
2 ALLOTMENTS.—The DSH allotment for
3 Tennessee for each of fiscal years 2020
4 and 2021 shall be equal to
5 $54,427,500.’’.
6 (c) SENSE OF CONGRESS.—It is the sense of Congress
7 that a State should prioritize making payments under the
8 State plan of the State under title XIX of the Social Secu-
9 rity Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan)
10 to disproportionate share hospitals that have a higher share
11 of COVID–19 patients relative to other such hospitals in
12 the State.
13 SEC. 107. ALLOWING FOR MEDICAL ASSISTANCE UNDER
14 MEDICAID FOR INMATES DURING 30-DAY PE-
15 RIOD PRECEDING RELEASE.
16 (a) IN GENERAL.—The subdivision (A) following
17 paragraph (30) of section 1905(a) of the Social Security
18 Act (42 U.S.C. 1396d(a)) is amended by inserting ‘‘and ex-
19 cept during the 30-day period preceding the date of release
20 of such individual from such public institution’’ after ‘‘med-
21 ical institution’’.
22 (b) REPORT.—Not later than June 30, 2022, the Med-
23 icaid and CHIP Payment and Access Commission shall
24 submit a report to Congress on the Medicaid inmate exclu-
25 sion under the subdivision (A) following paragraph (30) of
•HR 925 EAH
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1 section 1905(a) of the Social Security Act (42 U.S.C.
2 1396d(a)). Such report may, to the extent practicable, in-
3 clude the following information:
4 (1) The number of incarcerated individuals who
5 would otherwise be eligible to enroll for medical as-
6 sistance under a State plan approved under title XIX
7 of the Social Security Act (42 U.S.C. 1396 et seq.) (or
8 a waiver of such a plan).
9 (2) Access to health care for incarcerated indi-
10 viduals, including a description of medical services
11 generally available to incarcerated individuals.
12 (3) A description of current practices related to
13 the discharge of incarcerated individuals, including
14 how prisons interact with State Medicaid agencies to
15 ensure that such individuals who are eligible to enroll
16 for medical assistance under a State plan or waiver
17 described in paragraph (1) are so enrolled.
18 (4) If determined appropriate by the Commis-
19 sion, recommendations for Congress, the Department
20 of Health and Human Services, or States regarding
21 the Medicaid inmate exclusion.
22 (5) Any other information that the Commission
23 determines would be useful to Congress.
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1 SEC. 108. MEDICAID COVERAGE OF CERTAIN MEDICAL
2 TRANSPORTATION.
3 (a) CONTINUING REQUIREMENT OF MEDICAID COV-
4 ERAGE OF NECESSARY TRANSPORTATION.—
5 (1) REQUIREMENT.—Section 1902(a)(4) of the
6 Social Security Act (42 U.S.C. 1396a(a)(4)) is
7 amended—
8 (A) by striking ‘‘and including provision
9 for utilization’’ and inserting ‘‘including provi-
10 sion for utilization’’; and
11 (B) by inserting after ‘‘supervision of ad-
12 ministration of the plan’’ the following: ‘‘, and,
13 subject to section 1903(i), including a specifica-
14 tion that the single State agency described in
15 paragraph (5) will ensure necessary transpor-
16 tation for beneficiaries under the State plan to
17 and from providers and a description of the
18 methods that such agency will use to ensure such
19 transportation’’.
20 (2) APPLICATION WITH RESPECT TO BENCHMARK
21 BENEFIT PACKAGES AND BENCHMARK EQUIVALENT
22 COVERAGE.—Section 1937(a)(1) of the Social Secu-
23 rity Act (42 U.S.C. 1396u–7(a)(1)) is amended—
24 (A) in subparagraph (A), by striking ‘‘sub-
25 section (E)’’ and inserting ‘‘subparagraphs (E)
26 and (F)’’; and
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1 (B) by adding at the end the following new
2 subparagraph:
3 ‘‘(F) NECESSARY TRANSPORTATION.—Not-
4 withstanding the preceding provisions of this
5 paragraph, a State may not provide medical as-
6 sistance through the enrollment of an individual
7 with benchmark coverage or benchmark equiva-
8 lent coverage described in subparagraph (A)(i)
9 unless, subject to section 1903(i)(9) and in ac-
10 cordance with section 1902(a)(4), the benchmark
11 benefit package or benchmark equivalent coverage
12 (or the State)—
13 ‘‘(i) ensures necessary transportation
14 for individuals enrolled under such package
15 or coverage to and from providers; and
16 ‘‘(ii) provides a description of the
17 methods that will be used to ensure such
18 transportation.’’.
19 (3) LIMITATION ON FEDERAL FINANCIAL PAR-
20 TICIPATION.—Section 1903(i) of the Social Security
21 Act (42 U.S.C. 1396b(i)) is amended by inserting
22 after paragraph (8) the following new paragraph:
23 ‘‘(9) with respect to any amount expended for
24 non-emergency transportation authorized under sec-
25 tion 1902(a)(4), unless the State plan provides for the
•HR 925 EAH
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1 methods and procedures required under section
2 1902(a)(30)(A); or’’.
3 (4) EFFECTIVE DATE.—The amendments made
4 by this subsection shall take effect on the date of the
5 enactment of this Act and shall apply to transpor-
6 tation furnished on or after such date.
7 (b) MEDICAID PROGRAM INTEGRITY MEASURES RE-
8 LATED TO COVERAGE OF NONEMERGENCY MEDICAL TRANS-
9 PORTATION.—
10 (1) GAO STUDY.—Not later than two years after
11 the date of the enactment of this Act, the Comptroller
12 General of the United States shall conduct a study,
13 and submit to Congress, a report on coverage under
14 the Medicaid program under title XIX of the Social
15 Security Act of nonemergency transportation to medi-
16 cally necessary services. Such study shall take into ac-
17 count the 2009 report of the Office of the Inspector
18 General of the Department of Health and Human
19 Services, titled ‘‘Fraud and Abuse Safeguards for
20 Medicaid Nonemergency Medical Transportation’’
21 (OEI–06–07–003200). Such report shall include the
22 following:
23 (A) An examination of the 50 States and
24 the District of Columbia to identify safeguards to
25 prevent and detect fraud and abuse with respect
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1 to coverage under the Medicaid program of non-
2 emergency transportation to medically necessary
3 services.
4 (B) An examination of transportation bro-
5 kers to identify the range of safeguards against
6 such fraud and abuse to prevent improper pay-
7 ments for such transportation.
8 (C) Identification of the numbers, types,
9 and outcomes of instances of fraud and abuse,
10 with respect to coverage under the Medicaid pro-
11 gram of such transportation, that State Medicaid
12 Fraud Control Units have investigated in recent
13 years.
14 (D) Identification of commonalities or
15 trends in program integrity, with respect to such
16 coverage, to inform risk management strategies
17 of States and the Centers for Medicare & Med-
18 icaid Services.
19 (2) STAKEHOLDER WORKING GROUP.—
20 (A) IN GENERAL.—Not later than one year
21 after the date of the enactment of this Act, the
22 Secretary of Health and Human Services,
23 through the Centers for Medicare & Medicaid
24 Services, shall convene a series of meetings to ob-
25 tain input from appropriate stakeholders to fa-
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1 cilitate discussion and shared learning about the
2 leading practices for improving Medicaid pro-
3 gram integrity, with respect to coverage of non-
4 emergency transportation to medically necessary
5 services.
6 (B) TOPICS.—The meetings convened under
7 subparagraph (A) shall—
8 (i) focus on ongoing challenges to Med-
9 icaid program integrity as well as leading
10 practices to address such challenges; and
11 (ii) address specific challenges raised
12 by stakeholders involved in coverage under
13 the Medicaid program of nonemergency
14 transportation to medically necessary serv-
15 ices, including unique considerations for
16 specific groups of Medicaid beneficiaries
17 meriting particular attention, such as
18 American Indians and tribal land issues or
19 accommodations for individuals with dis-
20 abilities.
21 (C) STAKEHOLDERS.—Stakeholders de-
22 scribed in subparagraph (A) shall include indi-
23 viduals from State Medicaid programs, brokers
24 for nonemergency transportation to medically
25 necessary services that meet the criteria described
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1 in section 1902(a)(70)(B) of the Social Security
2 Act (42 U.S.C. 1396a(a)(70)(B)), providers (in-
3 cluding transportation network companies),
4 Medicaid patient advocates, and such other indi-
5 viduals specified by the Secretary.
6 (3) GUIDANCE REVIEW.—Not later than 18
7 months after the date of the enactment of this Act, the
8 Secretary of Health and Human Services, through the
9 Centers for Medicare & Medicaid Services, shall assess
10 guidance issued to States by the Centers for Medicare
11 & Medicaid Services relating to Federal requirements
12 for nonemergency transportation to medically nec-
13 essary services under the Medicaid program under
14 title XIX of the Social Security Act and update such
15 guidance as necessary to ensure States have appro-
16 priate and current guidance in designing and admin-
17 istering coverage under the Medicaid program of non-
18 emergency transportation to medically necessary serv-
19 ices.
20 (4) NEMT TRANSPORTATION PROVIDER AND
21 DRIVER REQUIREMENTS.—
22 (A) STATE PLAN REQUIREMENT.—Section
23 1902(a) of the Social Security Act (42 U.S.C.
24 1396a(a)) is amended—
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1 (i) by striking ‘‘and’’ at the end of
2 paragraph (85);
3 (ii) by striking the period at the end of
4 paragraph (86) and inserting ‘‘; and’’; and
5 (iii) by inserting after paragraph (86)
6 the following new paragraph:
7 ‘‘(87) provide for a mechanism, which may in-
8 clude attestation, that ensures that, with respect to
9 any provider (including a transportation network
10 company) or individual driver of nonemergency
11 transportation to medically necessary services receiv-
12 ing payments under such plan (but excluding any
13 public transit authority), at a minimum—
14 ‘‘(A) each such provider and individual
15 driver is not excluded from participation in any
16 Federal health care program (as defined in sec-
17 tion 1128B(f)) and is not listed on the exclusion
18 list of the Inspector General of the Department
19 of Health and Human Services;
20 ‘‘(B) each such individual driver has a
21 valid driver’s license;
22 ‘‘(C) each such provider has in place a
23 process to address any violation of a State drug
24 law; and
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1 ‘‘(D) each such provider has in place a
2 process to disclose to the State Medicaid program
3 the driving history, including any traffic viola-
4 tions, of each such individual driver employed by
5 such provider, including any traffic violations.’’.
6 (B) EFFECTIVE DATE.—
7 (i) IN GENERAL.—Except as provided
8 in clause (ii), the amendments made by
9 subparagraph (A) shall take effect on the
10 date of the enactment of this Act and shall
11 apply to services furnished on or after the
12 date that is one year after the date of the
13 enactment of this Act.
14 (ii) EXCEPTION IF STATE LEGISLATION
15 REQUIRED.—In the case of a State plan for
16 medical assistance under title XIX of the
17 Social Security Act which the Secretary of
18 Health and Human Services determines re-
19 quires State legislation (other than legisla-
20 tion appropriating funds) in order for the
21 plan to meet the additional requirement im-
22 posed by the amendments made by subpara-
23 graph (A), the State plan shall not be re-
24 garded as failing to comply with the re-
25 quirements of such title solely on the basis
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1 of its failure to meet this additional re-
2 quirement before the first day of the first
3 calendar quarter beginning after the close of
4 the first regular session of the State legisla-
5 ture that begins after the date of the enact-
6 ment of this Act. For purposes of the pre-
7 vious sentence, in the case of a State that
8 has a 2-year legislative session, each year of
9 such session shall be deemed to be a separate
10 regular session of the State legislature.
11 (5) ANALYSIS OF T–MSIS DATA.—Not later than
12 one year after the date of the enactment of this Act,
13 the Secretary of Health and Human Services, through
14 the Centers for Medicare & Medicaid Services, shall
15 analyze, and submit to Congress a report on, the na-
16 tion-wide data set under the Transformed Medicaid
17 Statistical Information System to identify rec-
18 ommendations relating to coverage under the Med-
19 icaid program under title XIX of the Social Security
20 Act of nonemergency transportation to medically nec-
21 essary services.
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1 TITLE II—MEDICARE
2 PROVISIONS
3 SEC. 201. HOLDING MEDICARE BENEFICIARIES HARMLESS
4 FOR SPECIFIED COVID–19 TREATMENT SERV-
5 ICES FURNISHED UNDER PART A OR PART B
6 OF THE MEDICARE PROGRAM.
7 (a) IN GENERAL.—Notwithstanding any other provi-
8 sion of law, in the case of a specified COVID–19 treatment
9 service (as defined in subsection (b)) furnished during any
10 portion of the emergency period described in paragraph
11 (1)(B) of section 1135(g) of the Social Security Act (42
12 U.S.C. 1320b-5(g)) beginning on or after the date of the
13 enactment of this Act to an individual entitled to benefits
14 under part A or enrolled under part B of title XVIII of
15 the Social Security Act (42 U.S.C. 1395 et seq.) for which
16 payment is made under such part A or such part B, the
17 Secretary of Health and Human Services (in this section
18 referred to as the ‘‘Secretary’’) shall provide that—
19 (1) any cost-sharing required (including any de-
20 ductible, copayment, or coinsurance) applicable to
21 such individual under such part A or such part B
22 with respect to such item or service is paid by the
23 Secretary; and
24 (2) the provider of services or supplier (as de-
25 fined in section 1861 of the Social Security Act (42
•HR 925 EAH
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1 U.S.C. 1395x)) does not hold such individual liable
2 for such requirement.
3 (b) DEFINITION OF SPECIFIED COVID–19 TREAT-
4 MENT SERVICES.—For purposes of this section, the term
5 ‘‘specified COVID–19 treatment service’’ means any item
6 or service furnished to an individual for which payment
7 may be made under part A or part B of title XVIII of the
8 Social Security Act (42 U.S.C. 1395 et seq.) if such item
9 or service is included in a claim with an ICD–10–CM code
10 relating to COVID–19 (as described in the document enti-
11 tled ‘‘ICD–10–CM Official Coding Guidelines - Supplement
12 Coding encounters related to COVID–19 Coronavirus Out-
13 break’’ published on February 20, 2020, or as otherwise
14 specified by the Secretary).
15 (c) RECOVERY OF COST-SHARING AMOUNTS PAID BY
16 THE SECRETARY IN THE CASE OF SUPPLEMENTAL INSUR-
17 ANCE COVERAGE.—
18 (1) IN GENERAL.—In the case of any amount
19 paid by the Secretary pursuant to subsection (a)(1)
20 that the Secretary determines would otherwise have
21 been paid by a group health plan or health insurance
22 issuer (as such terms are defined in section 2791 of
23 the Public Health Service Act (42 U.S.C. 300gg–91)),
24 a private entity offering a medicare supplemental
25 policy under section 1882 of the Social Security Act
•HR 925 EAH
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1 (42 U.S.C. 1395ss), any other health plan offering
2 supplemental coverage, a State plan under title XIX
3 of the Social Security Act, or the Secretary of Defense
4 under the TRICARE program, such plan, issuer, pri-
5 vate entity, other health plan, State plan, or Sec-
6 retary of Defense, as applicable, shall pay to the Sec-
7 retary, not later than 1 year after such plan, issuer,
8 private entity, other health plan, State plan, or Sec-
9 retary of Defense receives a notice under paragraph
10 (3), such amount in accordance with this subsection.
11 (2) REQUIRED INFORMATION.—Not later than 9
12 months after the date of the enactment of this Act,
13 each group health plan, health insurance issuer, pri-
14 vate entity, other health plan, State plan, and Sec-
15 retary of Defense described in paragraph (1) shall
16 submit to the Secretary such information as the Sec-
17 retary determines necessary for purposes of carrying
18 out this subsection. Such information so submitted
19 shall be updated by such plan, issuer, private entity,
20 other health plan, State plan, or Secretary of Defense,
21 as applicable, at such time and in such manner as
22 specified by the Secretary.
23 (3) REVIEW OF CLAIMS AND NOTIFICATION.—The
24 Secretary shall establish a process under which claims
25 for items and services for which the Secretary has
•HR 925 EAH
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1 paid an amount pursuant to subsection (a)(1) are re-
2 viewed for purposes of identifying if such amount
3 would otherwise have been paid by a plan, issuer, pri-
4 vate entity, other health plan, State plan, or Sec-
5 retary of Defense described in paragraph (1). In the
6 case such a claim is so identified, the Secretary shall
7 determine the amount that would have been otherwise
8 payable by such plan, issuer, private entity, other
9 health plan, State plan, or Secretary of Defense and
10 notify such plan, issuer, private entity, other health
11 plan, State plan, or Secretary of Defense of such
12 amount.
13 (4) ENFORCEMENT.—The Secretary may impose
14 a civil monetary penalty in an amount determined
15 appropriate by the Secretary in the case of a plan,
16 issuer, private entity, other health plan, or State plan
17 that fails to comply with a provision of this section.
18 The provisions of section 1128A of the Social Security
19 Act shall apply to a civil monetary penalty imposed
20 under the previous sentence in the same manner as
21 such provisions apply to a penalty or proceeding
22 under subsection (a) or (b) of such section.
23 (d) FUNDING.—The Secretary shall provide for the
24 transfer to the Centers for Medicare & Medicaid Program
25 Management Account from the Federal Hospital Insurance
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1 Trust Fund and the Federal Supplementary Trust Fund
2 (in such portions as the Secretary determines appropriate)
3 $100,000,000 for purposes of carrying out this section.
4 (e) REPORT.—Not later than 3 years after the date of
5 the enactment of this Act, the Inspector General of the De-
6 partment of Health and Human Services shall submit to
7 Congress a report containing an analysis of amounts paid
8 pursuant to subsection (a)(1) compared to amounts paid
9 to the Secretary pursuant to subsection (c).
10 (f) IMPLEMENTATION.—Notwithstanding any other
11 provision of law, the Secretary may implement the provi-
12 sions of this section by program instruction or otherwise.
13 SEC. 202. ENSURING COMMUNICATIONS ACCESSIBILITY
14 FOR RESIDENTS OF SKILLED NURSING FA-
15 CILITIES DURING THE COVID–19 EMERGENCY
16 PERIOD.
17 (a) IN GENERAL.—Section 1819(c)(3) of the Social Se-
18 curity Act (42 U.S.C. 1395i–3(c)(3)) is amended—
19 (1) in subparagraph (D), by striking ‘‘and’’ at
20 the end;
21 (2) in subparagraph (E), by striking the period
22 and inserting ‘‘; and’’; and
23 (3) by adding at the end the following new sub-
24 paragraph:
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1 ‘‘(F) provide for reasonable access to the use
2 of a telephone, including TTY and TDD services
3 (as defined for purposes of section 483.10 of title
4 42, Code of Federal Regulations (or a successor
5 regulation)), and the internet (to the extent
6 available to the facility) and inform each such
7 resident (or a representative of such resident) of
8 such access and any changes in policies or proce-
9 dures of such facility relating to limitations on
10 external visitors.’’.
11 (b) COVID–19 PROVISIONS.—
12 (1) GUIDANCE.—Not later than 15 days after the
13 date of the enactment of this Act, the Secretary of
14 Health and Human Service shall issue guidance on
15 steps skilled nursing facilities may take to ensure
16 residents have access to televisitation during the emer-
17 gency period defined in section 1135(g)(1)(B) of the
18 Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).
19 Such guidance shall include information on how such
20 facilities will notify residents of such facilities, rep-
21 resentatives of such residents, and relatives of such
22 residents of the rights of such residents to such tele-
23 visitation, and ensure timely and equitable access to
24 such televisitation.
•HR 925 EAH
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1 (2) REVIEW OF FACILITIES.—The Secretary of
2 Health and Human Services shall take such steps as
3 determined appropriate by the Secretary to ensure
4 that residents of skilled nursing facilities and rel-
5 atives of such residents are made aware of the access
6 rights described in section 1819(c)(3)(F) of the Social
7 Security Act (42 U.S.C. 1395i–3(c)(3)(F)).
8 SEC. 203. MEDICARE HOSPITAL INPATIENT PROSPECTIVE
9 PAYMENT SYSTEM OUTLIER PAYMENTS FOR
10 COVID–19 PATIENTS DURING CERTAIN EMER-
11 GENCY PERIOD.
12 (a) IN GENERAL.—Section 1886(d)(5)(A) of the Social
13 Security Act (42 U.S.C. 1395ww(d)(5)(A)) is amended—
14 (1) in clause (ii), by striking ‘‘For cases’’ and
15 inserting ‘‘Subject to clause (vii), for cases’’;
16 (2) in clause (iii), by striking ‘‘The amount’’
17 and inserting ‘‘Subject to clause (vii), the amount’’;
18 (3) in clause (iv), by striking ‘‘The total
19 amount’’ and inserting ‘‘Subject to clause (vii), the
20 total amount’’; and
21 (4) by adding at the end the following new
22 clause:
23 ‘‘(vii) For discharges that have a primary or sec-
24 ondary diagnosis of COVID–19 and that occur during the
25 period beginning on the date of the enactment of this clause
•HR 925 EAH
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1 and ending on the sooner of January 31, 2021, or the last
2 day of the emergency period described in section
3 1135(g)(1)(B), the amount of any additional payment
4 under clause (ii) for a subsection (d) hospital for such a
5 discharge shall be determined as if—
6 ‘‘(I) clause (ii) was amended by striking ‘plus a
7 fixed dollar amount determined by the Secretary’;
8 ‘‘(II) the reference in clause (iii) to ‘approximate
9 the marginal cost of care beyond the cutoff point ap-
10 plicable under clause (i) or (ii)’ were a reference to
11 ‘approximate the marginal cost of care beyond the
12 cutoff point applicable under clause (i), or, in the
13 case of an additional payment requested under clause
14 (ii), be equal to 100 percent of the amount by which
15 the costs of the discharge for which such additional
16 payment is so requested exceed the applicable DRG
17 prospective payment rate’; and
18 ‘‘(III) clause (iv) does not apply.’’.
19 (b) EXCLUSION FROM REDUCTION IN AVERAGE
20 STANDARDIZED AMOUNTS PAYABLE TO HOSPITALS LO-
21 CATED IN CERTAIN AREAS.—Section 1886(d)(3)(B) of the
22 Social Security Act (42 U.S.C. 1395ww(d)(3)(B)) is
23 amended by inserting before the period the following: ‘‘,
24 other than additional payments described in clause (vii) of
25 such paragraph’’.
•HR 925 EAH
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1 (c) IMPLEMENTATION.—Notwithstanding any other
2 provision of law, the Secretary of Health and Human Serv-
3 ices may implement the amendments made by this section
4 by program instruction or otherwise.
5 SEC. 204. COVERAGE OF TREATMENTS FOR COVID–19 AT NO
6 COST SHARING UNDER THE MEDICARE AD-
7 VANTAGE PROGRAM.
8 (a) IN GENERAL.—Section 1852(a)(1)(B) of the Social
9 Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended by
10 adding at the end the following new clause:
11 ‘‘(vii) SPECIAL COVERAGE RULES FOR
12 SPECIFIED COVID–19 TREATMENT SERV-
13 ICES.—Notwithstanding clause (i), in the
14 case of a specified COVID–19 treatment
15 service (as defined in section 201(b) of the
16 Investing in America’s Health Care During
17 the COVID–19 Pandemic Act) that is fur-
18 nished during a plan year occurring during
19 any portion of the emergency period defined
20 in section 1135(g)(1)(B) beginning on or
21 after the date of the enactment of this
22 clause, a Medicare Advantage plan may
23 not, with respect to such service, impose—
•HR 925 EAH
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1 ‘‘(I) any cost-sharing requirement
2 (including a deductible, copayment, or
3 coinsurance requirement); and
4 ‘‘(II) in the case such service is a
5 critical specified COVID–19 treatment
6 service (including ventilator services
7 and intensive care unit services), any
8 prior authorization or other utilization
9 management requirement.
10 A Medicare Advantage plan may not take
11 the application of this clause into account
12 for purposes of a bid amount submitted by
13 such plan under section 1854(a)(6).’’.
14 (b) IMPLEMENTATION.—Notwithstanding any other
15 provision of law, the Secretary of Health and Human Serv-
16 ices may implement the amendments made by this section
17 by program instruction or otherwise.
18 SEC. 205. REQUIRING COVERAGE UNDER MEDICARE PDPS
19 AND MA–PD PLANS, WITHOUT THE IMPOSI-
20 TION OF COST SHARING OR UTILIZATION
21 MANAGEMENT REQUIREMENTS, OF DRUGS IN-
22 TENDED TO TREAT COVID–19 DURING CER-
23 TAIN EMERGENCIES.
24 (a) COVERAGE REQUIREMENT.—
•HR 925 EAH
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1 (1) IN GENERAL.—Section 1860D–4(b)(3) of the
2 Social Security Act (42 U.S.C. 1395w–104(b)(3)) is
3 amended by adding at the end the following new sub-
4 paragraph:
5 ‘‘(I) REQUIRED INCLUSION OF DRUGS IN-
6 TENDED TO TREAT COVID–19.—
7 ‘‘(i) IN GENERAL.—Notwithstanding
8 any other provision of law, a PDP sponsor
9 offering a prescription drug plan shall, with
10 respect to a plan year, any portion of which
11 occurs during the period described in clause
12 (ii), be required to—
13 ‘‘(I) include in any formulary—
14 ‘‘(aa) all covered part D
15 drugs with a medically accepted
16 indication (as defined in section
17 1860D–2(e)(4)) to treat COVID–
18 19 that are marketed in the
19 United States; and
20 ‘‘(bb) all drugs authorized
21 under section 564 or 564A of the
22 Federal Food, Drug, and Cosmetic
23 Act to treat COVID–19; and
24 ‘‘(II) not impose any prior au-
25 thorization or other utilization man-
•HR 925 EAH
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1 agement requirement with respect to
2 such drugs described in item (aa) or
3 (bb) of subclause (I) (other than such a
4 requirement that limits the quantity of
5 drugs due to safety).
6 ‘‘(ii) PERIOD DESCRIBED.—For pur-
7 poses of clause (i), the period described in
8 this clause is the period during which there
9 exists the public health emergency declared
10 by the Secretary pursuant to section 319 of
11 the Public Health Service Act on January
12 31, 2020, entitled ‘Determination that a
13 Public Health Emergency Exists Nation-
14 wide as the Result of the 2019 Novel
15 Coronavirus’ (including any renewal of
16 such declaration pursuant to such sec-
17 tion).’’.
18 (b) ELIMINATION OF COST SHARING.—
19 (1) ELIMINATION OF COST-SHARING FOR DRUGS
20 INTENDED TO TREAT COVID–19 UNDER STANDARD AND
21 ALTERNATIVE PRESCRIPTION DRUG COVERAGE.—Sec-
22 tion 1860D–2 of the Social Security Act (42 U.S.C.
23 1395w–102) is amended—
24 (A) in subsection (b)—
•HR 925 EAH
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1 (i) in paragraph (1)(A), by striking
2 ‘‘The coverage’’ and inserting ‘‘Subject to
3 paragraph (8), the coverage’’;
4 (ii) in paragraph (2)—
5 (I) in subparagraph (A), by in-
6 serting after ‘‘Subject to subparagraphs
7 (C) and (D)’’ the following: ‘‘and para-
8 graph (8)’’;
9 (II) in subparagraph (C)(i), by
10 striking ‘‘paragraph (4)’’ and inserting
11 ‘‘paragraphs (4) and (8)’’; and
12 (III) in subparagraph (D)(i), by
13 striking ‘‘paragraph (4)’’ and inserting
14 ‘‘paragraphs (4) and (8)’’;
15 (iii) in paragraph (4)(A)(i), by strik-
16 ing ‘‘The coverage’’ and inserting ‘‘Subject
17 to paragraph (8), the coverage’’; and
18 (iv) by adding at the end the following
19 new paragraph:
20 ‘‘(8) ELIMINATION OF COST-SHARING FOR DRUGS
21 INTENDED TO TREAT COVID–19.—The coverage does
22 not impose any deductible, copayment, coinsurance,
23 or other cost-sharing requirement for drugs described
24 in section 1860D–4(b)(3)(I)(i)(I) with respect to a
25 plan year, any portion of which occurs during the pe-
•HR 925 EAH
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1 riod during which there exists the public health emer-
2 gency declared by the Secretary pursuant to section
3 319 of the Public Health Service Act on January 31,
4 2020, entitled ‘Determination that a Public Health
5 Emergency Exists Nationwide as the Result of the
6 2019 Novel Coronavirus’ (including any renewal of
7 such declaration pursuant to such section).’’; and
8 (B) in subsection (c), by adding at the end
9 the following new paragraph:
10 ‘‘(4) SAME ELIMINATION OF COST-SHARING FOR
11 DRUGS INTENDED TO TREAT COVID–19.—The coverage
12 is in accordance with subsection (b)(8).’’.
13 (2) ELIMINATION OF COST-SHARING FOR DRUGS
14 INTENDED TO TREAT COVID–19 DISPENSED TO INDI-
15 VIDUALS WHO ARE SUBSIDY ELIGIBLE INDIVID-
16 UALS.—Section 1860D–14(a) of the Social Security
17 Act (42 U.S.C. 1395w–114(a)) is amended—
18 (A) in paragraph (1)—
19 (i) in subparagraph (D)—
20 (I) in clause (ii), by striking ‘‘In
21 the case of’’ and inserting ‘‘Subject to
22 subparagraph (F), in the case of’’; and
23 (II) in clause (iii), by striking
24 ‘‘In the case of’’ and inserting ‘‘Subject
•HR 925 EAH
1081
1 to subparagraph (F), in the case of’’;
2 and
3 (ii) by adding at the end the following
4 new subparagraph:
5 ‘‘(F) ELIMINATION OF COST-SHARING FOR
6 DRUGS INTENDED TO TREAT COVID–19.—Cov-
7 erage that is in accordance with section 1860D–
8 2(b)(8).’’; and
9 (B) in paragraph (2)—
10 (i) in subparagraph (B), by striking
11 ‘‘A reduction’’ and inserting ‘‘Subject to
12 subparagraph (F), a reduction’’;
13 (ii) in subparagraph (D), by striking
14 ‘‘The substitution’’ and inserting ‘‘Subject
15 to subparagraph (F), the substitution’’;
16 (iii) in subparagraph (E), by inserting
17 after ‘‘Subject to’’ the following: ‘‘subpara-
18 graph (F) and’’; and
19 (iv) by adding at the end the following
20 new subparagraph:
21 ‘‘(F) ELIMINATION OF COST-SHARING FOR
22 DRUGS INTENDED TO TREAT COVID–19.—Cov-
23 erage that is in accordance with section 1860D–
24 2(b)(8).’’.
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1 (c) IMPLEMENTATION.—Notwithstanding any other
2 provision of law, the Secretary of Health and Human Serv-
3 ices may implement the amendments made by this section
4 by program instruction or otherwise.
5 SEC. 206. MEDICARE SPECIAL ENROLLMENT PERIOD FOR
6 INDIVIDUALS RESIDING IN COVID–19 EMER-
7 GENCY AREAS.
8 (a) IN GENERAL.—Section 1837(i) of the Social Secu-
9 rity Act (42 U.S.C. 1395p(i)) is amended by adding at the
10 end the following new paragraph:
11 ‘‘(5)(A) In the case of an individual who—
12 ‘‘(i) is eligible under section 1836 to enroll
13 in the medical insurance program established by
14 this part,
15 ‘‘(ii) did not enroll (or elected not to be
16 deemed enrolled) under this section during an
17 enrollment period, and
18 ‘‘(iii) during the emergency period (as de-
19 scribed in section 1135(g)(1)(B)), resided in an
20 emergency area (as described in such section),
21 there shall be a special enrollment period de-
22 scribed in subparagraph (B).
23 ‘‘(B) The special enrollment period referred
24 to in subparagraph (A) is the period that begins
25 not later than December 1, 2020, and ends on
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1 the last day of the month in which the emergency
2 period (as described in section 1135(g)(1)(B))
3 ends.’’.
4 (b) COVERAGE PERIOD FOR INDIVIDUALS
5 TRANSITIONING FROM OTHER COVERAGE.—Section
6 1838(e) of the Social Security Act (42 U.S.C. 1395q(e)) is
7 amended—
8 (1) by striking ‘‘pursuant to section 1837(i)(3)
9 or 1837(i)(4)(B)—’’ and inserting the following:
10 ‘‘pursuant to—
11 ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’;
12 (2) by redesignating paragraphs (1) and (2) as
13 subparagraphs (A) and (B), respectively, and moving
14 the indentation of each such subparagraph 2 ems to
15 the right;
16 (3) by striking the period at the end of the sub-
17 paragraph (B), as so redesignated, and inserting ‘‘;
18 or’’; and
19 (4) by adding at the end the following new para-
20 graph:
21 ‘‘(2) section 1837(i)(5), the coverage period shall
22 begin on the first day of the month following the
23 month in which the individual so enrolls.’’.
24 (c) FUNDING.—The Secretary of Health and Human
25 Services shall provide for the transfer from the Federal Hos-
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1 pital Insurance Trust Fund (as described in section 1817
2 of the Social Security Act (42 U.S.C. 1395i)) and the Fed-
3 eral Supplementary Medical Insurance Trust Fund (as de-
4 scribed in section 1841 of such Act (42 U.S.C. 1395t)), in
5 such proportions as determined appropriate by the Sec-
6 retary, to the Social Security Administration, of
7 $30,000,000, to remain available until expended, for pur-
8 poses of carrying out the amendments made by this section.
9 (d) IMPLEMENTATION.—Notwithstanding any other
10 provision of law, the Secretary of Health and Human Serv-
11 ices may implement the amendments made by this section
12 by program instruction or otherwise.
13 SEC. 207. COVID–19 SKILLED NURSING FACILITY PAYMENT
14 INCENTIVE PROGRAM.
15 (a) IN GENERAL.—Section 1819 of the Social Security
16 Act (42 U.S.C. 1395i–3) is amended by adding at the end
17 the following new subsection:
18 ‘‘(k) COVID–19 DESIGNATION PROGRAM.—
19 ‘‘(1) IN GENERAL.—Not later than 2 weeks after
20 the date of the enactment of this subsection, the Sec-
21 retary shall establish a program under which a skilled
22 nursing facility that makes an election described in
23 paragraph (2)(A) and meets the requirements de-
24 scribed in paragraph (2)(B) is designated (or a por-
25 tion of such facility is so designated) as a COVID–
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1 19 treatment center and receives incentive payments
2 under section 1888(e)(13).
3 ‘‘(2) DESIGNATION.—
4 ‘‘(A) IN GENERAL.—A skilled nursing facil-
5 ity may elect to be designated (or to have a por-
6 tion of such facility designated) as a COVID–19
7 treatment center under the program established
8 under paragraph (1) if the facility submits to
9 the Secretary, at a time and in a manner speci-
10 fied by the Secretary, an application for such
11 designation that contains such information as
12 required by the Secretary and demonstrates that
13 such facility meets the requirements described in
14 subparagraph (B).
15 ‘‘(B) REQUIREMENTS.—The requirements
16 described in this subparagraph with respect to a
17 skilled nursing facility are the following:
18 ‘‘(i) The facility has a star rating with
19 respect to staffing of 4 or 5 on the Nursing
20 Home Compare website (as described in
21 subsection (i)) and has maintained such a
22 rating on such website during the 2-year pe-
23 riod ending on the date of the submission of
24 the application described in subparagraph
25 (A).
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1 ‘‘(ii) The facility has a star rating of
2 4 or 5 with respect to health inspections on
3 such website and has maintained such a
4 rating on such website during such period.
5 ‘‘(iii) During such period, the Sec-
6 retary or a State has not found a deficiency
7 with such facility relating to infection con-
8 trol that the Secretary or State determined
9 immediately jeopardized the health or safety
10 of the residents of such facility (as described
11 in paragraph (1) or (2)(A) of subsection
12 (h), as applicable).
13 ‘‘(iv) The facility provides care at such
14 facility (or, in the case of an election made
15 with respect to a portion of such facility, to
16 provide care in such portion of such facil-
17 ity) only to eligible individuals.
18 ‘‘(v) The facility arranges for and
19 transfers all residents of such facility (or
20 such portion of such facility, as applicable)
21 who are not eligible individuals to other
22 skilled nursing facilities (or other portions
23 of such facility, as applicable).
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1 ‘‘(vi) The facility complies with the no-
2 tice requirement described in paragraph
3 (4).
4 ‘‘(vii) The facility meets the reporting
5 requirement described in paragraph (5).
6 ‘‘(viii) Any other requirement deter-
7 mined appropriate by the Secretary.
8 ‘‘(3) DURATION OF DESIGNATION.—
9 ‘‘(A) IN GENERAL.—A designation of a
10 skilled nursing facility (or portion of such facil-
11 ity) as a COVID–19 treatment center shall begin
12 on a date specified by the Secretary and end
13 upon the earliest of the following:
14 ‘‘(i) The revocation of such designation
15 under subparagraph (B).
16 ‘‘(ii) The submission of a notification
17 by such facility to the Secretary that such
18 facility elects to terminate such designation.
19 ‘‘(iii) The termination of the program
20 (as specified in paragraph (6)).
21 ‘‘(B) REVOCATION.—The Secretary may re-
22 voke the designation of a skilled nursing facility
23 (or portion of such facility) as a COVID–19
24 treatment center if the Secretary determines that
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1 the facility is no longer in compliance with a re-
2 quirement described in paragraph (2)(B).
3 ‘‘(4) RESIDENT NOTICE REQUIREMENT.—For
4 purposes of paragraph (2)(B)(vi), the notice require-
5 ment described in this paragraph is that, not later
6 than 72 hours before the date specified by the Sec-
7 retary under paragraph (3)(A) with respect to the
8 designation of a skilled nursing facility (or portion of
9 such facility) as a COVID–19 treatment center, the
10 facility provides a notification to each resident of
11 such facility (and to appropriate representatives or
12 family members of each such resident, as specified by
13 the Secretary) that contains the following:
14 ‘‘(A) Notice of such designation.
15 ‘‘(B) In the case such resident is not an eli-
16 gible individual (and, in the case such designa-
17 tion is made only with respect to a portion of
18 such facility, resides in such portion of such fa-
19 cility)—
20 ‘‘(i) a specification of when and where
21 such resident will be transferred (or moved
22 within such facility);
23 ‘‘(ii) an explanation that, in lieu of
24 such transfer or move, such resident may
25 arrange for transfer to such other setting
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1 (including a home) selected by the resident;
2 and
3 ‘‘(iii) if such resident so arranges to be
4 transferred to a home, information on
5 Internet resources for caregivers who elect to
6 care for such resident at home.
7 ‘‘(C) Contact information for the State
8 long-term care ombudsman (established under
9 section 307(a)(12) of the Older Americans Act of
10 1965) for the applicable State.
11 ‘‘(5) REPORTING REQUIREMENT.—
12 ‘‘(A) IN GENERAL.—For purposes of para-
13 graph (2)(B)(vii), the reporting requirement de-
14 scribed in this paragraph is, with respect to a
15 skilled nursing facility, that the facility reports
16 to the Secretary, weekly and in such manner
17 specified by the Secretary, the following (but
18 only to the extent the information described in
19 clauses (i) through (vii) is not otherwise reported
20 to the Secretary weekly):
21 ‘‘(i) The number of COVID–19 related
22 deaths at such facility.
23 ‘‘(ii) The number of discharges from
24 such facility.
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1 ‘‘(iii) The number of admissions to
2 such facility.
3 ‘‘(iv) The number of beds occupied and
4 the number of beds available at such facil-
5 ity.
6 ‘‘(v) The number of residents on a ven-
7 tilator at such facility.
8 ‘‘(vi) The number of clinical and non-
9 clinical staff providing direct patient care
10 at such facility.
11 ‘‘(vii) Such other information deter-
12 mined appropriate by the Secretary.
13 ‘‘(B) NONAPPLICATION OF PAPERWORK RE-
14 DUCTION ACT.—Chapter 35 of title 44, United
15 States Code (commonly known as the ‘Paperwork
16 Reduction Act’), shall not apply to the collection
17 of information under this paragraph.
18 ‘‘(6) DEFINITION.—For purposes of this sub-
19 section, the term ‘eligible individual’ means an indi-
20 vidual who, during the 30-day period ending on the
21 first day on which such individual is a resident of a
22 COVID–19 treatment center (on or after the date such
23 center is so designated), was furnished a test for
24 COVID–19 that came back positive.
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1 ‘‘(7) TERMINATION.—The program established
2 under paragraph (1) shall terminate upon the termi-
3 nation of the emergency period described in section
4 1135(g)(1)(B).
5 ‘‘(8) PROHIBITION ON ADMINISTRATIVE AND JU-
6 DICIAL REVIEW.—There shall be no administrative or
7 judicial review under section 1869, 1878, or otherwise
8 of a designation of a skilled nursing facility (or por-
9 tion of such facility) as a COVID–19 treatment cen-
10 ter, or revocation of such a designation, under this
11 subsection.’’.
12 (b) PAYMENT INCENTIVE.—Section 1888(e) of the So-
13 cial Security Act (42 U.S.C. 1395yy(e)) is amended—
14 (1) in paragraph (1), in the matter preceding
15 subparagraph (A), by striking ‘‘and (12)’’ and insert-
16 ing ‘‘(12), and (13)’’; and
17 (2) by adding at the end the following new para-
18 graph:
19 ‘‘(13) ADJUSTMENT FOR COVID–19 TREATMENT
20 CENTERS.—In the case of a resident of a skilled nurs-
21 ing facility that has been designated as a COVID–19
22 treatment center under section 1819(k) (or in the case
23 of a resident who resides in a portion of such facility
24 that has been so designated), if such resident is an eli-
25 gible individual (as defined in paragraph (5) of such
•HR 925 EAH
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1 section), the per diem amount of payment for such
2 resident otherwise applicable shall be increased by 20
3 percent to reflect increased costs associated with such
4 residents.’’.
5 SEC. 208. FUNDING FOR STATE STRIKE TEAMS FOR RESI-
6 DENT AND EMPLOYEE SAFETY IN SKILLED
7 NURSING FACILITIES AND NURSING FACILI-
8 TIES.
9 (a) IN GENERAL.—Of the amounts made available
10 under subsection (c), the Secretary of Health and Human
11 Services (referred to in this section as the ‘‘Secretary’’) shall
12 allocate such amounts among the States, in a manner that
13 takes into account the percentage of skilled nursing facilities
14 and nursing facilities in each State that have residents or
15 employees who have been diagnosed with COVID–19, for
16 purposes of establishing and implementing strike teams in
17 accordance with subsection (b).
18 (b) USE OF FUNDS.—A State that receives funds under
19 this section shall use such funds to establish and implement
20 a strike team that will be deployed to a skilled nursing facil-
21 ity or nursing facility in the State with diagnosed or sus-
22 pected cases of COVID–19 among residents or staff for the
23 purposes of assisting with clinical care, infection control,
24 or staffing.
•HR 925 EAH
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—For pur-
2 poses of carrying out this section, there is authorized to be
3 appropriated $500,000,000.
4 (d) DEFINITIONS.—In this section:
5 (1) NURSING FACILITY.—The term ‘‘nursing fa-
6 cility’’ has the meaning given such term in section
7 1919(a) of the Social Security Act (42 U.S.C.
8 1396r(a)).
9 (2) SKILLED NURSING FACILITY.—The term
10 ‘‘skilled nursing facility’’ has the meaning given such
11 term in section 1819(a) of the Social Security Act (42
12 U.S.C. 1395i–3(a)).
13 SEC. 209. PROVIDING FOR INFECTION CONTROL SUPPORT
14 TO SKILLED NURSING FACILITIES THROUGH
15 CONTRACTS WITH QUALITY IMPROVEMENT
16 ORGANIZATIONS.
17 (a) IN GENERAL.—Section 1862(g) of the Social Secu-
18 rity Act (42 U.S.C. 1395y(g)) is amended—
19 (1) by striking ‘‘The Secretary’’ and inserting
20 ‘‘(1) The Secretary’’; and
21 (2) by adding at the end the following new para-
22 graph:
23 ‘‘(2)(A) The Secretary shall ensure that at least 1 con-
24 tract with a quality improvement organization described in
25 paragraph (1) entered into on or after the date of the enact-
•HR 925 EAH
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1 ment of this paragraph and before the end of the emergency
2 period described in section 1135(g)(1)(B) (or in effect as
3 of such date) includes the requirement that such organiza-
4 tion provide to skilled nursing facilities with cases of
5 COVID–19 (or facilities attempting to prevent outbreaks of
6 COVID–19) infection control support described in subpara-
7 graph (B) during such period.
8 ‘‘(B) For purposes of subparagraph (A), the infection
9 control support described in this subparagraph is, with re-
10 spect to skilled nursing facilities described in such subpara-
11 graph, the development and dissemination to such facilities
12 of protocols relating to the prevention or mitigation of
13 COVID–19 at such facilities and the provision of training
14 materials to such facilities relating to such prevention or
15 mitigation.’’.
16 (b) FUNDING.—The Secretary of Health and Human
17 Services shall provide for the transfer from the Federal Sup-
18 plementary Medical Insurance Trust Fund (as described in
19 section 1841 of the Social Security Act (42 U.S.C. 1395t))
20 and the Federal Hospital Insurance Trust Fund (as de-
21 scribed in section 1817 of such Act (42 U.S.C. 1395i)), in
22 such proportions as determined appropriate by the Sec-
23 retary, to the Centers for Medicare & Medicaid Services
24 Program Management Account, of $210,000,000, to remain
25 available until expended, for purposes of entering into con-
•HR 925 EAH
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1 tracts with quality improvement organizations under part
2 B of title XI of such Act (42 U.S.C. 1320c et seq.). Of the
3 amount transferred pursuant to the previous sentence, not
4 less that $110,000,000 shall be used for purposes of entering
5 into such a contract that includes the requirement described
6 in section 1862(g)(2)(A) of such Act (as added by subsection
7 (a)).
8 SEC. 210. REQUIRING LONG TERM CARE FACILITIES TO RE-
9 PORT CERTAIN INFORMATION RELATING TO
10 COVID–19 CASES AND DEATHS.
11 (a) IN GENERAL.—The Secretary of Health and
12 Human Services (in this section referred to as the ‘‘Sec-
13 retary’’) shall, as soon as practicable, require that the infor-
14 mation described in paragraph (1) of section 483.80(g) of
15 title 42, Code of Federal Regulations, or a successor regula-
16 tion, be reported by a facility (as defined for purposes of
17 such section).
18 (b) DEMOGRAPHIC INFORMATION.—The Secretary
19 shall post the following information with respect to skilled
20 nursing facilities (as defined in section 1819(a) of the So-
21 cial Security Act (42 U.S.C. 1395i–3(a))) and nursing fa-
22 cilities (as defined in section 1919(a) of such Act (42 U.S.C.
23 1396r(a))) on the Nursing Home Compare website (as de-
24 scribed in section 1819(i) of the Social Security Act (42
•HR 925 EAH
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1 U.S.C. 1395i–3(i))), or a successor website, aggregated by
2 State:
3 (1) The age, race/ethnicity, and preferred lan-
4 guage of the residents of such skilled nursing facilities
5 and nursing facilities with suspected or confirmed
6 COVID–19 infections, including residents previously
7 treated for COVID–19.
8 (2) The age, race/ethnicity, and preferred lan-
9 guage relating to total deaths and COVID–19 deaths
10 among residents of such skilled nursing facilities and
11 nursing facilities.
12 (c) CONFIDENTIALITY.—Any information reported
13 under this section that is made available to the public shall
14 be made so available in a manner that protects the identity
15 of residents of skilled nursing facilities and nursing facili-
16 ties.
17 (d) IMPLEMENTATION.—The Secretary may implement
18 the provisions of this section be program instruction or oth-
19 erwise.
20 SEC. 211. FLOOR ON THE MEDICARE AREA WAGE INDEX FOR
21 HOSPITALS IN ALL-URBAN STATES.
22 (a) IN GENERAL.—Section 1886(d)(3)(E) of the Social
23 Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended—
24 (1) in clause (i), in the first sentence, by striking
25 ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’; and
•HR 925 EAH
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1 (2) by adding at the end the following new
2 clause:
3 ‘‘(iv) FLOOR ON AREA WAGE INDEX
4 FOR HOSPITALS IN ALL-URBAN STATES.—
5 ‘‘(I) IN GENERAL.—For discharges
6 occurring on or after October 1, 2021,
7 the area wage index applicable under
8 this subparagraph to any hospital in
9 an all-urban State (as defined in sub-
10 clause (IV)) may not be less than the
11 minimum area wage index for the fis-
12 cal year for hospitals in that State, as
13 established under subclause (II).
14 ‘‘(II) MINIMUM AREA WAGE
15 INDEX.—For purposes of subclause (I),
16 the Secretary shall establish a min-
17 imum area wage index for a fiscal
18 year for hospitals in each all-urban
19 State using the methodology described
20 in section 412.64(h)(4) of title 42, Code
21 of Federal Regulations, as in effect for
22 fiscal year 2018.
23 ‘‘(III) WAIVING BUDGET NEU-
24 TRALITY.—Pursuant to the fifth sen-
25 tence of clause (i), this subsection shall
•HR 925 EAH
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1 not be applied in a budget neutral
2 manner.
3 ‘‘(IV) ALL-URBAN STATE DE-
4 FINED.—In this clause, the term ‘all-
5 urban State’ means a State in which
6 there are no rural areas (as defined in
7 paragraph (2)(D)) or a State in which
8 there are no hospitals classified as
9 rural under this section.’’.
10 (b) WAIVING BUDGET NEUTRALITY.—
11 (1) TECHNICAL AMENDATORY CORRECTION.—
12 Section 10324(a)(2) of Public Law 111–148 is
13 amended by striking ‘‘third sentence’’ and inserting
14 ‘‘fifth sentence’’.
15 (2) WAIVER.—Section 1886(d)(3)(E)(i) of the
16 Social Security Act (42 U.S.C. 1395ww(d)(3)(E)(i))
17 is amended, in the fifth sentence—
18 (A) by striking ‘‘and the amendments’’ and
19 inserting ‘‘, the amendments’’; and
20 (B) by inserting ‘‘, and the amendments
21 made by section 211 of the Investing in Amer-
22 ica’s Health Care During the COVID–19 Pan-
23 demic Act’’ after ‘‘Care Act’’.
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1 SEC. 212. RELIEF FOR SMALL RURAL HOSPITALS FROM IN-
2 ACCURATE INSTRUCTIONS PROVIDED BY
3 CERTAIN MEDICARE ADMINISTRATIVE CON-
4 TRACTORS.
5 Section 1886(d)(5) of the Social Security Act (42
6 U.S.C. 1395ww(d)(5)) is amended by adding at the end the
7 following new subparagraph:
8 ‘‘(N)(i) Subject to clause (ii), in the case of a sole com-
9 munity hospital or a medicare-dependent, small rural hos-
10 pital with respect to which a medicare administrative con-
11 tractor initially determined and paid a volume decrease ad-
12 justment under subparagraph (D)(ii) or (G)(iii) for a speci-
13 fied cost reporting period, at the election of the hospital,
14 the Secretary of Health and Human Services shall replace
15 the volume decrease adjustment subsequently determined for
16 that specified cost reporting period by the medicare admin-
17 istrative contractor with the volume decrease adjustment
18 initially determined and paid by the medicare administra-
19 tive contractor for that specified cost reporting period.
20 ‘‘(ii)(I) Clause (i) shall not apply in the case of a sole
21 community hospital or a medicare-dependent, small rural
22 hospital for which the medicare administrative contractor
23 determination of the volume decrease adjustment with re-
24 spect to a specified cost reporting period of the hospital is
25 administratively final before the date that is three years
26 before the date of the enactment of this section.
•HR 925 EAH
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1 ‘‘(II) For purposes of subclause (I), the date on which
2 the medicare administrative contractor determination with
3 respect to a volume decrease adjustment for a specified cost
4 reporting period is administratively final is the latest of
5 the following:
6 ‘‘(aa) The date of the contractor determination
7 (as defined in section 405.1801 of title 42, Code of
8 Federal Regulations).
9 ‘‘(bb) The date of the final outcome of any re-
10 opening of the medicare administrative contractor de-
11 termination under section 405.1885 of title 42, Code
12 of Federal Regulations.
13 ‘‘(cc) The date of the final outcome of the final
14 appeal filed by such hospital with respect to such vol-
15 ume decrease adjustment for such specified cost re-
16 porting period.
17 ‘‘(iii) For purposes of this subparagraph, the term
18 ‘specified cost reporting period’ means a cost reporting pe-
19 riod of a sole community hospital or a medicare-dependent,
20 small rural hospital, as the case may be, that begins during
21 a fiscal year before fiscal year 2018.’’.
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1 SEC. 213. DEEMING CERTAIN HOSPITALS TO BE LOCATED
2 IN AN URBAN AREA FOR PURPOSES OF PAY-
3 MENT FOR INPATIENT HOSPITAL SERVICES
4 UNDER THE MEDICARE PROGRAM.
5 Section 1886(d)(10) of the Social Security Act (42
6 U.S.C. 1395ww(d)(10)) is amended by adding at the end
7 the following new subparagraph:
8 ‘‘(G)(i) For purposes of payment under this subsection
9 for discharges occurring during the 3-year period beginning
10 on October 1, 2020, each hospital located in Albany, Sara-
11 toga, Schenectady, Montgomery, or Rensselaer County of
12 New York shall be deemed to be located in the urban area
13 of Hartford-East Hartford-Middletown, Connecticut (CBSA
14 25540), notwithstanding any other reclassification or redes-
15 ignation that otherwise would have applied for purposes of
16 the wage index under this paragraph or subparagraphs (B)
17 or (E) of paragraph (8).
18 ‘‘(ii) Any deemed location of a hospital pursuant to
19 clause (i) shall be treated as a decision of the Medicare Geo-
20 graphic Classification Review Board for purposes of para-
21 graph (8)(D).’’.
22 SEC. 214. EFFECTIVE DATE OF MEDICARE COVERAGE OF
23 COVID–19 VACCINES WITHOUT ANY COST-
24 SHARING.
25 Effective as if included in the enactment of the CARES
26 Act (Public Law 116–136; 42 U.S.C. 13951 note), section
•HR 925 EAH
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1 3713(d) of such Act is amended by inserting before the pe-
2 riod at the end the following: ‘‘or authorized for emergency
3 use under section 564 of the Federal Food, Drug, and Cos-
4 metic Act (21 U.S.C. 360bbb–3)’’.
5 TITLE III—PRIVATE INSURANCE
6 PROVISIONS
7 SEC. 301. SPECIAL ENROLLMENT PERIOD THROUGH EX-
8 CHANGES.
9 (a) SPECIAL ENROLLMENT PERIOD THROUGH EX-
10 CHANGES.—Section 1311(c) of the Patient Protection and
11 Affordable Care Act (42 U.S.C. 18031(c)) is amended—
12 (1) in paragraph (6)—
13 (A) in subparagraph (C), by striking at the
14 end ‘‘and’’;
15 (B) in subparagraph (D), by striking at the
16 end the period and inserting ‘‘; and’’; and
17 (C) by adding at the end the following new
18 subparagraph:
19 ‘‘(E) subject to subparagraph (B) of para-
20 graph (8), the special enrollment period de-
21 scribed in subparagraph (A) of such para-
22 graph.’’; and
23 (2) by adding at the end the following new para-
24 graph:
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1 ‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER-
2 TAIN PUBLIC HEALTH EMERGENCY.—
3 ‘‘(A) IN GENERAL.—The Secretary shall,
4 subject to subparagraph (B), require an Ex-
5 change to provide—
6 ‘‘(i) for a special enrollment period
7 during the emergency period described in
8 section 1135(g)(1)(B) of the Social Security
9 Act—
10 ‘‘(I) which shall begin on the date
11 that is one week after the date of the
12 enactment of this paragraph and
13 which, in the case of an Exchange es-
14 tablished or operated by the Secretary
15 within a State pursuant to section
16 1321(c), shall be an 8-week period; and
17 ‘‘(II) during which any indi-
18 vidual who is otherwise eligible to en-
19 roll in a qualified health plan through
20 the Exchange may enroll in such a
21 qualified health plan; and
22 ‘‘(ii) that, in the case of an individual
23 who enrolls in a qualified health plan
24 through the Exchange during such enroll-
25 ment period, the coverage period under such
•HR 925 EAH
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1 plan shall begin on the first day of the
2 month following the day the individual se-
3 lects a plan through such special enrollment
4 period.
5 ‘‘(B) EXCEPTION.—The requirement of sub-
6 paragraph (A) shall not apply to a State-oper-
7 ated or State-established Exchange if such Ex-
8 change, prior to the date of the enactment of this
9 paragraph, established or otherwise provided for
10 a special enrollment period to address access to
11 coverage under qualified health plans offered
12 through such Exchange during the emergency pe-
13 riod described in section 1135(g)(1)(B) of the So-
14 cial Security Act.’’.
15 (b) IMPLEMENTATION.—The Secretary of Health and
16 Human Services may implement the provisions of (includ-
17 ing amendments made by) this section through subregu-
18 latory guidance, program instruction, or otherwise.
19 SEC. 302. EXPEDITED MEETING OF ACIP FOR COVID–19 VAC-
20 CINES.
21 (a) IN GENERAL.—Notwithstanding section 3091 of
22 the 21st Century Cures Act (21 U.S.C. 360bbb–4 note), the
23 Advisory Committee on Immunization Practices shall meet
24 and issue a recommendation with respect to a vaccine that
25 is intended to prevent or treat COVID–19 not later than
•HR 925 EAH
1105
1 15 business days after the date on which such vaccine is
2 licensed under section 351 of the Public Health Service Act
3 (42 U.S.C. 262).
4 (b) DEFINITION.—In this section, the term ‘‘Advisory
5 Committee on Immunization Practices’’ means the Advi-
6 sory Committee on Immunization Practices established by
7 the Secretary of Health and Human Services pursuant to
8 section 222 of the Public Health Service Act (42 U.S.C.
9 217a), acting through the Director of the Centers for Disease
10 Control and Prevention.
11 SEC. 303. COVERAGE OF COVID–19 RELATED TREATMENT AT
12 NO COST SHARING.
13 (a) IN GENERAL.—A group health plan and a health
14 insurance issuer offering group or individual health insur-
15 ance coverage (including a grandfathered health plan (as
16 defined in section 1251(e) of the Patient Protection and Af-
17 fordable Care Act)) shall provide coverage, and shall not
18 impose any cost sharing (including deductibles, copay-
19 ments, and coinsurance) requirements, for the following
20 items and services furnished during any portion of the
21 emergency period defined in paragraph (1)(B) of section
22 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g))
23 beginning on or after the date of the enactment of this Act:
24 (1) Medically necessary items and services (in-
25 cluding in-person or telehealth visits in which such
•HR 925 EAH
1106
1 items and services are furnished) that are furnished
2 to an individual who has been diagnosed with (or
3 after provision of the items and services is diagnosed
4 with) COVID–19 to treat or mitigate the effects of
5 COVID–19.
6 (2) Medically necessary items and services (in-
7 cluding in-person or telehealth visits in which such
8 items and services are furnished) that are furnished
9 to an individual who is presumed to have COVID–19
10 but is never diagnosed as such, if the following condi-
11 tions are met:
12 (A) Such items and services are furnished
13 to the individual to treat or mitigate the effects
14 of COVID–19 or to mitigate the impact of
15 COVID–19 on society.
16 (B) Health care providers have taken ap-
17 propriate steps under the circumstances to make
18 a diagnosis, or confirm whether a diagnosis was
19 made, with respect to such individual, for
20 COVID–19, if possible.
21 (b) ITEMS AND SERVICES RELATED TO COVID–19.—
22 For purposes of this section—
23 (1) not later than one week after the date of the
24 enactment of this section, the Secretary of Health and
25 Human Services, Secretary of Labor, and Secretary
•HR 925 EAH
1107
1 of the Treasury shall jointly issue guidance specifying
2 applicable diagnoses and medically necessary items
3 and services related to COVID–19; and
4 (2) such items and services shall include all
5 items or services that are relevant to the treatment or
6 mitigation of COVID–19, regardless of whether such
7 items or services are ordinarily covered under the
8 terms of a group health plan or group or individual
9 health insurance coverage offered by a health insur-
10 ance issuer.
11 (c) ENFORCEMENT.—
12 (1) APPLICATION WITH RESPECT TO PHSA,
13 ERISA, AND IRC.—The provisions of this section shall
14 be applied by the Secretary of Health and Human
15 Services, Secretary of Labor, and Secretary of the
16 Treasury to group health plans and health insurance
17 issuers offering group or individual health insurance
18 coverage as if included in the provisions of part A of
19 title XXVII of the Public Health Service Act, part 7
20 of the Employee Retirement Income Security Act of
21 1974, and subchapter B of chapter 100 of the Internal
22 Revenue Code of 1986, as applicable.
23 (2) PRIVATE RIGHT OF ACTION.—An individual
24 with respect to whom an action is taken by a group
25 health plan or health insurance issuer offering group
•HR 925 EAH
1108
1 or individual health insurance coverage in violation
2 of subsection (a) may commence a civil action against
3 the plan or issuer for appropriate relief. The previous
4 sentence shall not be construed as limiting any en-
5 forcement mechanism otherwise applicable pursuant
6 to paragraph (1).
7 (d) IMPLEMENTATION.—The Secretary of Health and
8 Human Services, Secretary of Labor, and Secretary of the
9 Treasury may implement the provisions of this section
10 through sub-regulatory guidance, program instruction or
11 otherwise.
12 (e) TERMS.—The terms ‘‘group health plan’’; ‘‘health
13 insurance issuer’’; ‘‘group health insurance coverage’’, and
14 ‘‘individual health insurance coverage’’ have the meanings
15 given such terms in section 2791 of the Public Health Serv-
16 ice Act (42 U.S.C. 300gg–91), section 733 of the Employee
17 Retirement Income Security Act of 1974 (29 U.S.C. 1191b),
18 and section 9832 of the Internal Revenue Code of 1986, as
19 applicable.
20 SEC. 304. REQUIRING PRESCRIPTION DRUG REFILL NOTIFI-
21 CATIONS DURING EMERGENCIES.
22 (a) ERISA.—
23 (1) IN GENERAL.—Subpart B of part 7 of sub-
24 title B of title I of the Employee Retirement Income
25 Security Act of 1974 (29 U.S.C. 1185 et seq.) is
•HR 925 EAH
1109
1 amended by adding at the end the following new sec-
2 tion:
3 ‘‘SEC. 716. PROVISION OF PRESCRIPTION DRUG REFILL NO-
4 TIFICATIONS DURING EMERGENCIES.
5 ‘‘(a) IN GENERAL.—A group health plan, and a health
6 insurance issuer offering health insurance coverage in con-
7 nection with a group health plan, that provides benefits for
8 prescription drugs under such plan or such coverage shall
9 provide to each participant or beneficiary under such plan
10 or such coverage who resides in an emergency area during
11 an emergency period—
12 ‘‘(1) not later than 5 business days after the date
13 of the beginning of such period with respect to such
14 area (or, the case of the emergency period described
15 in section 304(d)(2) of the Investing in America’s
16 Health Care During the COVID–19 Pandemic Act,
17 not later than 5 business days after the date of the
18 enactment of this section), a notification (written in
19 a manner that is clear and understandable to the av-
20 erage participant or beneficiary)—
21 ‘‘(A) of whether such plan or coverage will
22 waive, during such period with respect to such a
23 participant or beneficiary, any time restrictions
24 under such plan or coverage on any authorized
25 refills for such drugs to enable such refills in ad-
•HR 925 EAH
1110
1 vance of when such refills would otherwise have
2 been permitted under such plan or coverage; and
3 ‘‘(B) in the case that such plan or coverage
4 will waive such restrictions during such period
5 with respect to such a participant or beneficiary,
6 that contains information on how such a partici-
7 pant or beneficiary may obtain such a refill; and
8 ‘‘(2) in the case such plan or coverage elects to
9 so waive such restrictions during such period with re-
10 spect to such a participant or beneficiary after the
11 notification described in paragraph (1) has been pro-
12 vided with respect to such period, not later than 5
13 business days after such election, a notification of
14 such election that contains the information described
15 in subparagraph (B) of such paragraph.
16 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For
17 purposes of this section, an ‘emergency area’ is a geo-
18 graphical area in which, and an ‘emergency period’ is the
19 period during which, there exists—
20 ‘‘(1) an emergency or disaster declared by the
21 President pursuant to the National Emergencies Act
22 or the Robert T. Stafford Disaster Relief and Emer-
23 gency Assistance Act; and
•HR 925 EAH
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1 ‘‘(2) a public health emergency declared by the
2 Secretary pursuant to section 319 of the Public
3 Health Service Act.’’.
4 (2) CLERICAL AMENDMENT.—The table of con-
5 tents of the Employee Retirement Income Security
6 Act of 1974 is amended by inserting after the item re-
7 lating to section 714 the following:
‘‘Sec. 715. Additional market reforms.
‘‘Sec. 716. Provision of prescription drug refill notifications during emergencies.’’.
8 (b) PHSA.—Subpart II of part A of title XXVII of
9 the Public Health Service Act (42 U.S.C. 300gg–11 et seq.)
10 is amended by adding at the end the following new section:
11 ‘‘SEC. 2730. PROVISION OF PRESCRIPTION DRUG REFILL
12 NOTIFICATIONS DURING EMERGENCIES.
13 ‘‘(a) IN GENERAL.—A group health plan, and a health
14 insurance issuer offering group or individual health insur-
15 ance coverage, that provides benefits for prescription drugs
16 under such plan or such coverage shall provide to each par-
17 ticipant, beneficiary, or enrollee enrolled under such plan
18 or such coverage who resides in an emergency area during
19 an emergency period—
20 ‘‘(1) not later than 5 business days after the date
21 of the beginning of such period with respect to such
22 area (or, the case of the emergency period described
23 in section 304(d)(2) of the Investing in America’s
24 Health Care During the COVID–19 Pandemic Act,
•HR 925 EAH
1112
1 not later than 5 business days after the date of the
2 enactment of this section), a notification (written in
3 a manner that is clear and understandable to the av-
4 erage participant, beneficiary, or enrollee)—
5 ‘‘(A) of whether such plan or coverage will
6 waive, during such period with respect to such a
7 participant, beneficiary, or enrollee, any time re-
8 strictions under such plan or coverage on any
9 authorized refills for such drugs to enable such
10 refills in advance of when such refills would oth-
11 erwise have been permitted under such plan or
12 coverage; and
13 ‘‘(B) in the case that such plan or coverage
14 will waive such restrictions during such period
15 with respect to such a participant, beneficiary,
16 or enrollee, that contains information on how
17 such a participant, beneficiary, or enrollee may
18 obtain such a refill; and
19 ‘‘(2) in the case such plan or coverage elects to
20 so waive such restrictions during such period with re-
21 spect to such a participant, beneficiary, or enrollee
22 after the notification described in paragraph (1) has
23 been provided with respect to such period, not later
24 than 5 business days after such election, a notifica-
•HR 925 EAH
1113
1 tion of such election that contains the information de-
2 scribed in subparagraph (B) of such paragraph.
3 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For
4 purposes of this section, an ‘emergency area’ is a geo-
5 graphical area in which, and an ‘emergency period’ is the
6 period during which, there exists—
7 ‘‘(1) an emergency or disaster declared by the
8 President pursuant to the National Emergencies Act
9 or the Robert T. Stafford Disaster Relief and Emer-
10 gency Assistance Act; and
11 ‘‘(2) a public health emergency declared by the
12 Secretary pursuant to section 319.’’.
13 (c) IRC.—
14 (1) IN GENERAL.—Subchapter B of chapter 100
15 of the Internal Revenue Code of 1986 is amended by
16 adding at the end the following new section:
17 ‘‘SEC. 9816. PROVISION OF PRESCRIPTION DRUG REFILL
18 NOTIFICATIONS DURING EMERGENCIES.
19 ‘‘(a) IN GENERAL.—A group health plan that provides
20 benefits for prescription drugs under such plan shall pro-
21 vide to each participant or beneficiary enrolled under such
22 plan who resides in an emergency area during an emer-
23 gency period, not later than 5 business days after the date
24 of the beginning of such period with respect to such area
25 (or, the case of the emergency period described in section
•HR 925 EAH
1114
1 304(d)(2) of the Investing in America’s Health Care During
2 the COVID–19 Pandemic Act, not later than 5 business
3 days after the date of the enactment of this section)—
4 ‘‘(1) a notification (written in a manner that is
5 clear and understandable to the average participant
6 or beneficiary)—
7 ‘‘(A) of whether such plan will waive, dur-
8 ing such period with respect to such a partici-
9 pant or beneficiary, any time restrictions under
10 such plan on any authorized refills for such
11 drugs to enable such refills in advance of when
12 such refills would otherwise have been permitted
13 under such plan; and
14 ‘‘(B) in the case that such plan will waive
15 such restrictions during such period with respect
16 to such a participant or beneficiary, that con-
17 tains information on how such a participant or
18 beneficiary may obtain such a refill; and
19 ‘‘(2) in the case such plan elects to so waive such
20 restrictions during such period with respect to such a
21 participant or beneficiary after the notification de-
22 scribed in paragraph (1) has been provided with re-
23 spect to such period, not later than 5 business days
24 after such election, a notification of such election that
•HR 925 EAH
1115
1 contains the information described in subparagraph
2 (B) of such paragraph.
3 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For
4 purposes of this section, an ‘emergency area’ is a geo-
5 graphical area in which, and an ‘emergency period’ is the
6 period during which, there exists—
7 ‘‘(1) an emergency or disaster declared by the
8 President pursuant to the National Emergencies Act
9 or the Robert T. Stafford Disaster Relief and Emer-
10 gency Assistance Act; and
11 ‘‘(2) a public health emergency declared by the
12 Secretary pursuant to section 319 of the Public
13 Health Service Act.’’.
14 (2) CLERICAL AMENDMENT.—The table of sec-
15 tions for subchapter B of chapter 100 of the Internal
16 Revenue Code of 1986 is amended by adding at the
17 end the following new item:
‘‘Sec. 9816. Provision of prescription drug refill notifications during emer-
gencies.’’.
18 (d) EFFECTIVE DATE.—The amendments made by this
19 section shall apply with respect to—
20 (1) emergency periods beginning on or after the
21 date of the enactment of this Act; and
22 (2) the emergency period relating to the public
23 health emergency declared by the Secretary of Health
24 and Human Services pursuant to section 319 of the
•HR 925 EAH
1116
1 Public Health Service Act on January 31, 2020, enti-
2 tled ‘‘Determination that a Public Health Emergency
3 Exists Nationwide as the Result of the 2019 Novel
4 Coronavirus’’.
5 SEC. 305. IMPROVEMENT OF CERTAIN NOTIFICATIONS PRO-
6 VIDED TO QUALIFIED BENEFICIARIES BY
7 GROUP HEALTH PLANS IN THE CASE OF
8 QUALIFYING EVENTS.
9 (a) EMPLOYEE RETIREMENT INCOME SECURITY ACT
10 OF 1974.—
11 (1) IN GENERAL.—Section 606 of the Employee
12 Retirement Income Security Act of 1974 (29 U.S.C.
13 1166) is amended—
14 (A) in subsection (a)(4), in the matter fol-
15 lowing subparagraph (B), by striking ‘‘under
16 this subsection’’ and inserting ‘‘under this part
17 in accordance with the notification requirements
18 under subsection (c)’’; and
19 (B) in subsection (c)—
20 (i) by striking ‘‘For purposes of sub-
21 section (a)(4), any notification’’ and insert-
22 ing ‘‘For purposes of subsection (a)(4)—
23 ‘‘(1) any notification’’;
24 (ii) by striking ‘‘, whichever is appli-
25 cable, and any such notification’’ and in-
•HR 925 EAH
1117
1 serting ‘‘of subsection (a), whichever is ap-
2 plicable;
3 ‘‘(2) any such notification’’; and
4 (iii) by striking ‘‘such notification is
5 made’’ and inserting ‘‘such notification is
6 made; and
7 ‘‘(3) any such notification shall, with respect to
8 each qualified beneficiary with respect to whom such
9 notification is made, include information regarding
10 any Exchange established under title I of the Patient
11 Protection and Affordable Care Act through which
12 such a qualified beneficiary may be eligible to enroll
13 in a qualified health plan (as defined in section 1301
14 of the Patient Protection and Affordable Care Act),
15 including—
16 ‘‘(A) the publicly accessible Internet website
17 address for such Exchange;
18 ‘‘(B) the publicly accessible Internet website
19 address for the Find Local Help directory main-
20 tained by the Department of Health and Human
21 Services on the healthcare.gov Internet website
22 (or a successor website);
23 ‘‘(C) a clear explanation that—
24 ‘‘(i) an individual who is eligible for
25 continuation coverage may also be eligible
•HR 925 EAH
1118
1 to enroll, with financial assistance, in a
2 qualified health plan offered through such
3 Exchange, but, in the case that such indi-
4 vidual elects to enroll in such continuation
5 coverage and subsequently elects to termi-
6 nate such continuation coverage before the
7 period of such continuation coverage ex-
8 pires, such individual will not be eligible to
9 enroll in a qualified health plan offered
10 through such Exchange during a special en-
11 rollment period; and
12 ‘‘(ii) an individual who elects to enroll
13 in continuation coverage will remain eligi-
14 ble to enroll in a qualified health plan of-
15 fered through such Exchange during an
16 open enrollment period and may be eligible
17 for financial assistance with respect to en-
18 rolling in such a qualified health plan;
19 ‘‘(D) information on consumer protections
20 with respect to enrolling in a qualified health
21 plan offered through such Exchange, including
22 the requirement for such a qualified health plan
23 to provide coverage for essential health benefits
24 (as defined in section 1302(b) of the Patient Pro-
25 tection and Affordable Care Act) and the require-
•HR 925 EAH
1119
1 ments applicable to such a qualified health plan
2 under part A of title XXVII of the Public Health
3 Service Act; and
4 ‘‘(E) information on the availability of fi-
5 nancial assistance with respect to enrolling in a
6 qualified health plan, including the maximum
7 income limit for eligibility for a premium tax
8 credit under section 36B of the Internal Revenue
9 Code of 1986.’’.
10 (2) EFFECTIVE DATE.—The amendments made
11 by paragraph (1) shall apply with respect to quali-
12 fying events occurring on or after the date that is 14
13 days after the date of the enactment of this Act.
14 (b) PUBLIC HEALTH SERVICE ACT.—
15 (1) IN GENERAL.—Section 2206 of the Public
16 Health Service Act (42 U.S.C. 300bb–6) is amend-
17 ed—
18 (A) by striking ‘‘In accordance’’ and insert-
19 ing the following:
20 ‘‘(a) IN GENERAL.—In accordance’’;
21 (B) by striking ‘‘of such beneficiary’s rights
22 under this subsection’’ and inserting ‘‘of such
23 beneficiary’s rights under this title in accordance
24 with the notification requirements under sub-
25 section (b)’’; and
•HR 925 EAH
1120
1 (C) by striking ‘‘For purposes of paragraph
2 (4),’’ and all that follows through ‘‘such notifica-
3 tion is made.’’ and inserting the following:
4 ‘‘(b) RULES RELATING TO NOTIFICATION OF QUALI-
5 FIED BENEFICIARIES BY PLAN ADMINISTRATOR.—For pur-
6 poses of subsection (a)(4)—
7 ‘‘(1) any notification shall be made within 14
8 days of the date on which the plan administrator is
9 notified under paragraph (2) or (3) of subsection (a),
10 whichever is applicable;
11 ‘‘(2) any such notification to an individual who
12 is a qualified beneficiary as the spouse of the covered
13 employee shall be treated as notification to all other
14 qualified beneficiaries residing with such spouse at
15 the time such notification is made; and
16 ‘‘(3) any such notification shall, with respect to
17 each qualified beneficiary with respect to whom such
18 notification is made, include information regarding
19 any Exchange established under title I of the Patient
20 Protection and Affordable Care Act through which
21 such a qualified beneficiary may be eligible to enroll
22 in a qualified health plan (as defined in section 1301
23 of the Patient Protection and Affordable Care Act),
24 including—
•HR 925 EAH
1121
1 ‘‘(A) the publicly accessible Internet website
2 address for such Exchange;
3 ‘‘(B) the publicly accessible Internet website
4 address for the Find Local Help directory main-
5 tained by the Department of Health and Human
6 Services on the healthcare.gov Internet website
7 (or a successor website);
8 ‘‘(C) a clear explanation that—
9 ‘‘(i) an individual who is eligible for
10 continuation coverage may also be eligible
11 to enroll, with financial assistance, in a
12 qualified health plan offered through such
13 Exchange, but, in the case that such indi-
14 vidual elects to enroll in such continuation
15 coverage and subsequently elects to termi-
16 nate such continuation coverage before the
17 period of such continuation coverage ex-
18 pires, such individual will not be eligible to
19 enroll in a qualified health plan offered
20 through such Exchange during a special en-
21 rollment period; and
22 ‘‘(ii) an individual who elects to enroll
23 in continuation coverage will remain eligi-
24 ble to enroll in a qualified health plan of-
25 fered through such Exchange during an
•HR 925 EAH
1122
1 open enrollment period and may be eligible
2 for financial assistance with respect to en-
3 rolling in such a qualified health plan;
4 ‘‘(D) information on consumer protections
5 with respect to enrolling in a qualified health
6 plan offered through such Exchange, including
7 the requirement for such a qualified health plan
8 to provide coverage for essential health benefits
9 (as defined in section 1302(b) of the Patient Pro-
10 tection and Affordable Care Act) and the require-
11 ments applicable to such a qualified health plan
12 under part A of title XXVII; and
13 ‘‘(E) information on the availability of fi-
14 nancial assistance with respect to enrolling in a
15 qualified health plan, including the maximum
16 income limit for eligibility for a premium tax
17 credit under section 36B of the Internal Revenue
18 Code of 1986.’’.
19 (2) EFFECTIVE DATE.—The amendments made
20 by paragraph (1) shall apply with respect to quali-
21 fying events occurring on or after the date that is 14
22 days after the date of the enactment of this Act.
23 (c) INTERNAL REVENUE CODE OF 1986.—
24 (1) IN GENERAL.—Section 4980B(f)(6) of the In-
25 ternal Revenue Code of 1986 is amended—
•HR 925 EAH
1123
1 (A) in subparagraph (D)—
2 (i) in clause (ii), by striking ‘‘under
3 subparagraph (C)’’ and inserting ‘‘under
4 clause (iii)’’; and
5 (ii) by redesignating clauses (i) and
6 (ii) as subclauses (I) and (II), respectively,
7 and moving the margin of each such sub-
8 clause, as so redesignated, 2 ems to the
9 right;
10 (B) by redesignating subparagraphs (A)
11 through (D) as clauses (i) through (iv), respec-
12 tively, and moving the margin of each such
13 clause, as so redesignated, 2 ems to the right;
14 (C) by striking ‘‘In accordance’’ and insert-
15 ing the following:
16 ‘‘(A) IN GENERAL.—In accordance’’;
17 (D) by inserting after ‘‘of such beneficiary’s
18 rights under this subsection’’ the following: ‘‘in
19 accordance with the notification requirements
20 under subparagraph (C)’’; and
21 (E) by striking ‘‘The requirements of sub-
22 paragraph (B)’’ and all that follows through
23 ‘‘such notification is made.’’ and inserting the
24 following:
•HR 925 EAH
1124
1 ‘‘(B) ALTERNATIVE MEANS OF COMPLIANCE
2 WITH REQUIREMENT FOR NOTIFICATION OF MUL-
3 TIEMPLOYER PLANS BY EMPLOYERS.—The re-
4 quirements of subparagraph (A)(ii) shall be con-
5 sidered satisfied in the case of a multiemployer
6 plan in connection with a qualifying event de-
7 scribed in paragraph (3)(B) if the plan provides
8 that the determination of the occurrence of such
9 qualifying event will be made by the plan ad-
10 ministrator.
11 ‘‘(C) RULES RELATING TO NOTIFICATION OF
12 QUALIFIED BENEFICIARIES BY PLAN ADMINIS-
13 TRATOR.—For purposes of subparagraph
14 (A)(iv)—
15 ‘‘(i) any notification shall be made
16 within 14 days (or, in the case of a group
17 health plan which is a multiemployer plan,
18 such longer period of time as may be pro-
19 vided in the terms of the plan) of the date
20 on which the plan administrator is notified
21 under clause (ii) or (iii) of subparagraph
22 (A), whichever is applicable;
23 ‘‘(ii) any such notification to an indi-
24 vidual who is a qualified beneficiary as the
25 spouse of the covered employee shall be
•HR 925 EAH
1125
1 treated as notification to all other qualified
2 beneficiaries residing with such spouse at
3 the time such notification is made; and
4 ‘‘(iii) any such notification shall, with
5 respect to each qualified beneficiary with re-
6 spect to whom such notification is made, in-
7 clude information regarding any Exchange
8 established under title I of the Patient Pro-
9 tection and Affordable Care Act through
10 which such a qualified beneficiary may be
11 eligible to enroll in a qualified health plan
12 (as defined in section 1301 of the Patient
13 Protection and Affordable Care Act), includ-
14 ing—
15 ‘‘(I) the publicly accessible Inter-
16 net website address for such Exchange;
17 ‘‘(II) the publicly accessible Inter-
18 net website address for the Find Local
19 Help directory maintained by the De-
20 partment of Health and Human Serv-
21 ices on the healthcare.gov Internet
22 website (or a successor website);
23 ‘‘(III) a clear explanation that—
24 ‘‘(aa) an individual who is
25 eligible for continuation coverage
•HR 925 EAH
1126
1 may also be eligible to enroll, with
2 financial assistance, in a quali-
3 fied health plan offered through
4 such Exchange, but, in the case
5 that such individual elects to en-
6 roll in such continuation coverage
7 and subsequently elects to termi-
8 nate such continuation coverage
9 before the period of such continu-
10 ation coverage expires, such indi-
11 vidual will not be eligible to enroll
12 in a qualified health plan offered
13 through such Exchange during a
14 special enrollment period; and
15 ‘‘(bb) an individual who
16 elects to enroll in continuation
17 coverage will remain eligible to
18 enroll in a qualified health plan
19 offered through such Exchange
20 during an open enrollment period
21 and may be eligible for financial
22 assistance with respect to enroll-
23 ing in such a qualified health
24 plan;
•HR 925 EAH
1127
1 ‘‘(IV) information on consumer
2 protections with respect to enrolling in
3 a qualified health plan offered through
4 such Exchange, including the require-
5 ment for such a qualified health plan
6 to provide coverage for essential health
7 benefits (as defined in section 1302(b)
8 of the Patient Protection and Afford-
9 able Care Act) and the requirements
10 applicable to such a qualified health
11 plan under part A of title XXVII of the
12 Public Health Service Act; and
13 ‘‘(V) information on the avail-
14 ability of financial assistance with re-
15 spect to enrolling in a qualified health
16 plan, including the maximum income
17 limit for eligibility for a premium tax
18 credit under section 36B.’’.
19 (2) EFFECTIVE DATE.—The amendments made
20 by paragraph (1) shall apply with respect to quali-
21 fying events occurring on or after the date that is 14
22 days after the date of the enactment of this Act.
23 (d) MODEL NOTICES.—Not later than 14 days after
24 the date of the enactment of this Act, the Secretary of the
•HR 925 EAH
1128
1 Labor, in consultation with the Secretary of the Treasury
2 and the Secretary of Health and Human Services, shall—
3 (1) update the model Consolidated Omnibus
4 Budget Reconciliation Act of 1985 (referred to in this
5 subsection as ‘‘COBRA’’) continuation coverage gen-
6 eral notice and the model COBRA continuation cov-
7 erage election notice developed by the Secretary of
8 Labor for purposes of facilitating compliance of group
9 health plans with the notification requirements under
10 section 606 of the Employee Retirement Income Secu-
11 rity Act of 1974 (29 U.S.C. 1166) to include the in-
12 formation described in paragraph (3) of subsection (c)
13 of such section 606, as added by subsection (a)(1);
14 (2) provide an opportunity for consumer testing
15 of each such notice, as so updated, to ensure that each
16 such notice is clear and understandable to the average
17 participant or beneficiary of a group health plan;
18 and
19 (3) rename the model COBRA continuation cov-
20 erage general notice and the model COBRA continu-
21 ation coverage election notice as the ‘‘model COBRA
22 continuation coverage and Affordable Care Act cov-
23 erage general notice’’ and the ‘‘model COBRA con-
24 tinuation coverage and Affordable Care Act coverage
25 election notice’’, respectively.
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1 SEC. 306. SOONER COVERAGE OF TESTING FOR COVID–19.
2 Section 6001(a) of division F of the Families First
3 Coronavirus Response Act (42 U.S.C. 1320b–5 note) is
4 amended by striking ‘‘beginning on or after’’ and inserting
5 ‘‘beginning before, on, or after’’.
6 SEC. 307. CLARIFYING SCOPE OF COVERAGE REQUIREMENT
7 FOR ITEMS AND SERVICES RELATING TO
8 COVID–19.
9 Section 6001 of the Families First Coronavirus Re-
10 sponse Act (Public Law 116–127) is amended—
11 (1) in subsection (b), by striking ‘‘subsection (a)’’
12 and inserting ‘‘subsections (a) and (e)’’; and
13 (2) by adding at the end the following new sub-
14 section:
15 ‘‘(e) SCOPE OF COVERAGE REQUIREMENT.—A group
16 health plan and a health insurance issuer offering group
17 or individual health insurance coverage (including a grand-
18 fathered health plan (as defined in section 1251(e) of the
19 Patient Protection and Affordable Care Act)) shall provide
20 coverage, without cost sharing and without prior authoriza-
21 tion or other medical management requirements, in accord-
22 ance with subsection (a) for tests, items, and services de-
23 scribed in such subsection and furnished to an individual
24 during the emergency period defined in paragraph (1)(B)
25 of section 1135(g) of the Social Security Act (42 U.S.C.
26 1320b-5(g)), regardless of—
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1 ‘‘(1) why such individual sought such tests,
2 items, and services;
3 ‘‘(2) the nature of the clinical assessment that
4 was associated with such tests, items, and services;
5 ‘‘(3) whether such individual was showing symp-
6 toms prior to being furnished such tests, items, and
7 services;
8 ‘‘(4) in the case of such tests, whether or not such
9 tests were ordered by a provider;
10 ‘‘(5) the frequency with which such individual is
11 furnished such tests, items, and services; and
12 ‘‘(6) any other review of the encounters or events
13 that preceded or followed the furnishing of such tests,
14 items, and services.’’.
15 SEC. 308. GUIDANCE ON BILLING FOR PROVIDER VISITS AS-
16 SOCIATED WITH COVID–19 TESTING.
17 The Secretary of Health and Human Services, the Sec-
18 retary of Labor, and the Secretary of the Treasury shall
19 jointly issue guidance not later than 30 days after the date
20 of enactment of this Act for purposes of clarifying—
21 (1) the process for submitting claims for tests,
22 items, and services described in section 6001(a) of the
23 Families First Coronavirus Response Act (Public
24 Law 116–127) to ensure that individuals enrolled in
25 individual or group health insurance coverage or
•HR 925 EAH
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1 group health plans (including grandfathered health
2 plans (as defined in section 1251(e) of the Patient
3 Protection and Affordable Care Act)) to whom such
4 tests, items, and services are furnished are not subject
5 to cost-sharing (including deductibles, copayments,
6 and coinsurance) or prior authorization or other med-
7 ical management requirements; and
8 (2) that providers should not collect cost-sharing
9 amounts from such individuals seeking such tests,
10 items, or services.
11 SEC. 309. IMPROVEMENTS TO TRANSPARENCY OF THE PRIC-
12 ING OF DIAGNOSTIC TESTING FOR COVID–19.
13 (a) IN GENERAL.—Section 3202 of the CARES Act
14 (Public Law 116–136) is amended—
15 (1) in subsection (b)—
16 (A) in the heading, by inserting ‘‘AND RE-
17 LATED ITEMS AND SERVICES’’ after ‘‘DIAG-
18 NOSTIC TESTING FOR COVID–19’’;
19 (B) in paragraph (1)—
20 (i) by striking ‘‘a diagnostic test for
21 COVID–19’’ and inserting ‘‘a test, item, or
22 service described in section 6001(a) of divi-
23 sion F of the Families First Coronavirus
24 Response Act’’; and
•HR 925 EAH
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1 (ii) by striking ‘‘such test’’ and insert-
2 ing ‘‘such test, item, or service’’; and
3 (C) in paragraph (2), by striking ‘‘a diag-
4 nostic test for COVID–19’’ and inserting ‘‘a test,
5 item, or service described in section 6001(a) of
6 division F of the Families First Coronavirus Re-
7 sponse Act’’; and
8 (2) by adding at the end the following new sub-
9 sections:
10 ‘‘(c) IMPROVEMENTS TO TRANSPARENCY POLICY.—
11 ‘‘(1) IN GENERAL.—Not later than 30 days after
12 the date of the enactment of this subsection, the Sec-
13 retary of Health and Human Services shall conduct
14 a survey of providers of the items and services de-
15 scribed in section 6001(a) of division F of the Fami-
16 lies First Coronavirus Response Act (Public Law
17 116– 127) regarding the cash prices for such items
18 and services listed by the providers on a public inter-
19 net website of such provider.
20 ‘‘(2) REPRESENTATIVE SAMPLE.—In carrying
21 out paragraph (1), the Secretary shall survey a sam-
22 ple of providers that is representative of the diversity
23 of sizes, geographic locations, and care settings (such
24 as hospitals, laboratories, and independent free-
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1 standing emergency department) in which diagnostic
2 testing for COVID–19 is performed.
3 ‘‘(d) PUBLIC REPORT.—Not later than 60 days after
4 the date of the enactment of this subsection, the Secretary
5 of Health and Human Services shall publish on the Internet
6 website of the Department of Health and Human Services
7 a report on cash prices for items and services published
8 under subsection (b)(1) during the period beginning on the
9 date of the enactment of this Act and ending on the date
10 of the enactment of this subsection, which shall include—
11 ‘‘(1) the percentage of providers that comply
12 with the publication requirement under such sub-
13 section;
14 ‘‘(2) the average cash price for each item and
15 service described in section 6001(a) of division F of
16 the Families First Coronavirus Response Act that is
17 published under such subsection;
18 ‘‘(3) with respect to each such item and service,
19 a comparison of such average cash price to the reim-
20 bursement rate under the Medicare program under
21 title XVIII of the Social Security Act (42 U.S.C. 1395
22 et seq.); and
23 ‘‘(4) any cash prices published under such sub-
24 section that substantially exceed the average cash
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1 price for each such item or service and the name of
2 each provider that charges such prices.’’.
3 SEC. 310. GRANTS FOR EXCHANGE OUTREACH, EDUCATION,
4 AND ENROLLMENT ASSISTANCE.
5 (a) OUTREACH AND EDUCATION GRANTS TO STATES
6 AND NAVIGATOR ENROLLMENT GRANTS TO EXCHANGES TO
7 ASSIST ELIGIBLE INDIVIDUALS.—
8 (1) OUTREACH AND EDUCATION GRANTS TO
9 STATES.—
10 (A) IN GENERAL.—The Secretary of Health
11 and Human Services shall carry out a program
12 that awards grants to States that provide out-
13 reach and educational activities for purposes of
14 informing individuals of the availability of cov-
15 erage under qualified health plans offered
16 through an Exchange and financial assistance
17 for coverage under such plans (including the in-
18 forming of eligible individuals of the availability
19 of coverage under qualified health plans offered
20 through an Exchange during the application
21 process for unemployment compensation under
22 State or Federal law).
23 (B) CONSIDERATION OF CERTAIN NEEDS OF
24 POPULATION OF EXCHANGE.—The outreach and
25 educational activities described in subparagraph
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1 (A) shall be provided in a manner that is cul-
2 turally and linguistically appropriate to the
3 needs of the populations being served by the Ex-
4 change (including hard-to-reach populations,
5 such as racial and sexual minorities, limited
6 English proficient populations, and young
7 adults).
8 (C) APPLICATIONS.—To be eligible to re-
9 ceive a grant under this paragraph, a State shall
10 submit to the Secretary an application at such
11 time, in such manner, and containing such in-
12 formation as the Secretary may require.
13 (D) LIMITATION ON USE OF FUNDS.—No
14 funds appropriated under paragraph (4)(A)
15 shall be used for expenditures for promoting non-
16 ACA compliant health insurance coverage.
17 (E) GRANT DURATION AND AMOUNT.—
18 (i) DURATION.—Each grant under this
19 paragraph shall be for a 1-year period that
20 begins on the date of the enactment of this
21 Act (which may be renewed for a 1-year pe-
22 riod by the Secretary of Health and Human
23 Services).
24 (ii) AMOUNT.—
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1 (I) IN GENERAL.—The Secretary
2 of Health and Human Services shall
3 determine the amount of each grant
4 under this paragraph.
5 (II) MINIMUM.—Each grant
6 under this paragraph shall be for an
7 amount that is at least $500,000 for
8 each 1-year period, and if applicable,
9 at least $500,000 for any 1-year period
10 of renewal.
11 (2) NAVIGATOR ENROLLMENT GRANTS THROUGH
12 EXCHANGES.—
13 (A) IN GENERAL.—The Secretary of Health
14 and Human Services shall award grants to Ex-
15 changes described in subparagraph (D) for pur-
16 poses of facilitating the enrollment of individuals
17 in qualified health plans offered through such
18 Exchanges.
19 (B) USE OF FUNDS.—Funds made available
20 under a grant made under subparagraph (A)
21 may only be used by such Exchanges to carry
22 out the navigator program described in sub-
23 section (i)(1) of such section 1311.
24 (C) APPLICATIONS.—To be eligible to re-
25 ceive a grant under this paragraph, for purposes
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1 of carrying out subparagraph (A), an Exchange
2 described in subparagraph (D) shall submit to
3 the Secretary an application at such time, in
4 such manner, and containing such information
5 as the Secretary may require.
6 (D) EXCHANGE DESCRIBED.—For purposes
7 of this paragraph, an Exchange described in this
8 subparagraph is an Exchange that a State estab-
9 lishes and operates pursuant to section
10 1311(b)(1) of the Patient Protection and Afford-
11 able Care Act (42 U.S.C. 18031(b)(1)).
12 (3) APPROPRIATIONS.—There are appropriated
13 for each of fiscal years 2021 and 2022, to remain
14 available through fiscal year 2023—
15 (A) $100,000,000 to carry out paragraph
16 (1)(A); and
17 (B) $100,000,000—
18 (i) to carry out paragraph (2)(A); and
19 (ii) to carry out the navigator program
20 described in section 1311(i) of the Patient
21 Protection and Affordable Care Act (42
22 U.S.C. 18031(i)) for Exchanges operated by
23 the Secretary pursuant to section 1321(c)(1)
24 of such Act (42 U.S.C. 18041(c)(1))).
25 (4) DEFINITIONS.—In this subsection:
•HR 925 EAH
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1 (A) ELIGIBLE INDIVIDUALS.—The term ‘‘el-
2 igible individual’’ means, with respect to an Ex-
3 change, an individual who is otherwise eligible
4 to enroll through such Exchange.
5 (B) EXCHANGE.—The term ‘‘Exchange’’
6 means an American Health Benefit Exchange es-
7 tablished under section 1311 of the Patient Pro-
8 tection and Affordable Care Act (42 U.S.C.
9 18031).
10 (C) NON-ACA COMPLIANT HEALTH INSUR-
11 ANCE COVERAGE.—
12 (i) IN GENERAL.—The term ‘‘non-ACA
13 compliant health insurance coverage’’
14 means health insurance coverage, or a
15 group health plan, that is not a qualified
16 health plan.
17 (ii) INCLUSION.—Such term includes
18 the following:
19 (I) An association health plan.
20 (II) Short-term limited duration
21 insurance.
22 (D) QUALIFIED HEALTH PLAN.—The term
23 ‘‘qualified health plan’’ has the meaning given
24 such term in section 1301(a)(1) of the Patient
•HR 925 EAH
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1 Protection and Affordable Care Act (42 U.S.C.
2 18021(a)(1)).
3 (b) IMPLEMENTATION.—The Secretary of Health and
4 Human Services may implement the provisions of this sec-
5 tion through subregulatory guidance, program instruction,
6 or otherwise.
7 SEC. 311. APPLICATION OF PREMIUM TAX CREDIT IN CASE
8 OF INDIVIDUALS RECEIVING UNEMPLOY-
9 MENT COMPENSATION DURING THE COVID-19
10 PUBLIC HEALTH EMERGENCY.
11 (a) IN GENERAL.—Section 36B of the Internal Rev-
12 enue Code of 1986, as amended by the preceding provisions
13 of this Act, is amended by redesignating subsection (g) as
14 subsection (h) and by inserting after subsection (f) the fol-
15 lowing new subsection:
16 ‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RECEIVE
17 UNEMPLOYMENT COMPENSATION DURING COVID-19 PUB-
18 LIC HEALTH EMERGENCY.—
19 ‘‘(1) IN GENERAL.—For purposes of the credit
20 determined under this section, in the case of a tax-
21 payer who has received, or has been approved to re-
22 ceive, unemployment compensation for any week dur-
23 ing the applicable period, for the taxable year in
24 which such week begins—
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1 ‘‘(A) such taxpayer shall be treated as an
2 applicable taxpayer, and
3 ‘‘(B) there shall not be taken into account
4 any household income of the taxpayer in excess
5 of 133 percent of the poverty line for a family
6 of the size involved.
7 ‘‘(2) APPLICABLE PERIOD.—For purposes of this
8 section, the applicable period is the period that—
9 ‘‘(A) begins on the date of the enactment of
10 this subsection, and
11 ‘‘(B) ends 60 days after the last day of the
12 emergency period described in section
13 1135(g)(1)(B) of the Social Security Act.
14 ‘‘(3) REASONABLE EVIDENCE OF UNEMPLOYMENT
15 COMPENSATION.—For purposes of this subsection, a
16 taxpayer shall not be treated as having received (or
17 been approved to receive) unemployment compensa-
18 tion for any week unless such taxpayer provides docu-
19 mentation which demonstrates such receipt or ap-
20 proval.
21 ‘‘(4) UNEMPLOYMENT COMPENSATION.—For pur-
22 poses of this subsection, the term ‘unemployment com-
23 pensation’ has the meaning given such term in section
24 1311(c)(8)(E) of the Patient Protection and Afford-
25 able Care Act.’’.
•HR 925 EAH
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1 (b) EFFECTIVE DATE.—The amendments made by this
2 section shall apply to taxable years beginning after Decem-
3 ber 31, 2019.
4 SEC. 312. INCREASING ACCESSIBILITY AND AFFORDABILITY
5 TO QUALIFIED HEALTH PLANS FOR INDIVID-
6 UALS RECEIVING UNEMPLOYMENT COM-
7 PENSATION DURING THE COVID–19 EMER-
8 GENCY PERIOD.
9 (a) ESTABLISHMENT OF SPECIAL ENROLLMENT PERI-
10 ODS FOR INDIVIDUALS RECEIVING UNEMPLOYMENT COM-
11 PENSATION.—Section 1311(c) of the Patient Protection and
12 Affordable Care Act (42 U.S.C. 18031(c)) is amended—
13 (1) in paragraph (6)—
14 (A) in subparagraph (C), by striking at the
15 end ‘‘and’’;
16 (B) in subparagraph (D), by striking the
17 period at the end and inserting ‘‘; and’’; and
18 (C) by adding at the end the following new
19 subparagraph:
20 ‘‘(E) special enrollment periods described in
21 paragraph (8).’’; and
22 (2) by adding at the end the following new para-
23 graph:
•HR 925 EAH
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1 ‘‘(8) SPECIAL ENROLLMENT PERIODS FOR INDI-
2 VIDUALS RECEIVING UNEMPLOYMENT COMPENSA-
3 TION.—
4 ‘‘(A) IN GENERAL.—The special enrollment
5 period described in this paragraph—
6 ‘‘(i) in the case of an individual who
7 becomes eligible for unemployment com-
8 pensation on any date before January 1,
9 2021, is the period beginning on the first
10 day on or after such date that the indi-
11 vidual is not eligible for minimum essential
12 coverage (as defined in section 5000A(f) of
13 the Internal Revenue Code of 1986) and
14 ending on the later of—
15 ‘‘(I) December 31, 2020; and
16 ‘‘(II) the day that is 60 days after
17 such first day; and
18 ‘‘(ii) in the case of an individual who
19 becomes eligible for unemployment com-
20 pensation beginning on any date that is on
21 or after January 1, 2021, is the 60-day pe-
22 riod beginning on the first day on or after
23 such date that the individual is not eligible
24 for minimum essential coverage.
•HR 925 EAH
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1 ‘‘(B) SELF-ATTESTATION.—For purposes of
2 this paragraph, eligibility of an individual for
3 unemployment compensation and the date on
4 which such eligibility begins shall be determined
5 by the self-attestation of such individual.
6 ‘‘(C) EXCLUSION.—For purposes of this
7 paragraph, an individual shall not be treated as
8 eligible for minimum essential coverage if—
9 ‘‘(i) such individual is eligible only for
10 coverage described in section 5000A(f)(1)(C)
11 of the Internal Revenue Code of 1986; or
12 ‘‘(ii) such individual would not be
13 treated as eligible for minimum essential
14 coverage pursuant to section 36B(c)(2)(C) of
15 such Code.
16 ‘‘(D) CLARIFICATION.—Nothing in subpara-
17 graph (A) shall be construed to prohibit an indi-
18 vidual described in such subparagraph from
19 qualifying for multiple special enrollment peri-
20 ods under such subparagraph.
21 ‘‘(E) UNEMPLOYMENT COMPENSATION DE-
22 FINED.—In this paragraph, the term ‘unemploy-
23 ment compensation’ means, with respect to an
24 individual—
•HR 925 EAH
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1 ‘‘(i) regular compensation and ex-
2 tended compensation (as such terms are de-
3 fined by section 205 of the Federal-State
4 Extended Unemployment Compensation Act
5 of 1970);
6 ‘‘(ii) unemployment compensation (as
7 defined by section 85(b) of the Internal Rev-
8 enue Code of 1986) provided under any pro-
9 gram administered by a State under an
10 agreement with the Secretary;
11 ‘‘(iii) pandemic unemployment assist-
12 ance under section 2102 of the CARES Act;
13 ‘‘(iv) pandemic emergency unemploy-
14 ment compensation under section 2107 of
15 the CARES Act;
16 ‘‘(v) pandemic emergency unemploy-
17 ment extension compensation under section
18 2107A of the CARES Act;
19 ‘‘(vi) unemployment benefits under the
20 Railroad Unemployment Insurance Act;
21 and
22 ‘‘(vii) trade adjustment assistance
23 under title II of the Trade Act of 1974;
24 for which such individual is eligible for any week
25 during the period beginning on the first day of
•HR 925 EAH
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1 the emergency period described in section
2 1135(g)(1)(B) of the Social Security Act and
3 ending on December 31, 2021.’’.
4 (b) REQUIREMENT FOR FIRST DAY OF COVERAGE FOR
5 INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSATION
6 ENROLLING DURING SPECIAL ENROLLMENT PERIODS.—
7 Section 1303 of the Patient Protection and Affordable Care
8 Act (42 U.S.C. 18023) is amended by adding at the end
9 the following new subsection:
10 ‘‘(e) REQUIREMENT FOR FIRST DAY OF COVERAGE
11 FOR INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSA-
12 TION ENROLLING DURING SPECIAL ENROLLMENT PERI-
13 ODS.—
14 ‘‘(1) IN GENERAL.—In the case of an individual
15 described in section 1311(c)(8)(A) who enrolls in a
16 qualified health plan through an Exchange during a
17 month during a special enrollment period described
18 in such section, such coverage shall be effective begin-
19 ning on—
20 ‘‘(A) if such individual was enrolled in
21 minimum essential coverage (other than the
22 qualified health plan enrolled through such a
23 special enrollment period) on the first day of
24 such month, the first day of such month on
25 which the individual is longer so enrolled; and
•HR 925 EAH
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1 ‘‘(B) if such individual was not enrolled in
2 minimum essential coverage (other than the
3 qualified health plan enrolled through such a
4 special enrollment period) on the first day of
5 such month, the first day of such month.
6 ‘‘(2) MINIMUM ESSENTIAL COVERAGE DE-
7 FINED.—In this subsection, the term ‘minimum essen-
8 tial coverage’ has the meaning given such term in sec-
9 tion 5000A(f) of the Internal Revenue Code of 1986.’’.
10 (c) MODEL NOTICE AND PUBLICATION OF INFORMA-
11 TION RELATING TO SPECIAL ENROLLMENT PERIODS AND
12 CREDITS FOR INDIVIDUALS RECEIVING UNEMPLOYMENT
13 COMPENSATION.—
14 (1) MODEL NOTICE.—The Secretary of Health
15 and Human Services shall make available to States
16 a model notice (which may be sent by mail, email, or
17 electronic means upon the receipt of unemployment
18 compensation (as defined in subparagraph (D) of sec-
19 tion 1311(c)(8) of the Patient Protection and Afford-
20 able Care Act, as added by subsection (a)) that in-
21 cludes information with respect to the eligibility of
22 individuals described in subparagraph (A) of such
23 section—
24 (A) to enroll in a qualified health plan of-
25 fered through an Exchange during a special en-
•HR 925 EAH
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1 rollment period described in section
2 1311(c)(8)(A) of such Act;
3 (B) for the premium tax credit under sec-
4 tion 36B of the Internal Revenue Code of 1986;
5 and
6 (C) for any increase to the premium tax
7 credit an individual otherwise receives under sec-
8 tion 36B of the Internal Revenue Code of 1986
9 by reason of subsection (g) of such section.
10 (2) PUBLICATION OF INFORMATION .—Section
11 1311(b) of the Patient Protection and Affordable Care
12 Act (42 U.S.C. 18031(b)) by adding at the end the
13 following new paragraph:
14 ‘‘(3) PUBLICATION OF INFORMATION RELATING
15 TO A SPECIAL ENROLLMENT PERIOD AND CREDITS.—
16 An Exchange shall, not later than 7 days after the
17 date of the enactment of this paragraph, prominently
18 post on the homepage of the Internet website for such
19 Exchange information with respect to the special en-
20 rollment period described in subsection (c)(8)(A) and
21 hyperlinks to information with respect to the eligi-
22 bility of individuals described in such subsection—
23 ‘‘(A) to enroll in a qualified health plan of-
24 fered through an Exchange during a special en-
25 rollment period described in such subsection;
•HR 925 EAH
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1 ‘‘(B) for the premium tax credit under sec-
2 tion 36B of the Internal Revenue Code of 1986;
3 and
4 ‘‘(C) for any increase to the premium tax
5 credit an individual otherwise receives under sec-
6 tion 36B of the Internal Revenue Code of 1986
7 by reason of subsection (g) of such section.’’.
8 SEC. 313. TEMPORARY MODIFICATION OF LIMITATIONS ON
9 RECONCILIATION OF TAX CREDITS FOR COV-
10 ERAGE UNDER A QUALIFIED HEALTH PLAN
11 WITH ADVANCE PAYMENTS OF SUCH CREDIT.
12 (a) IN GENERAL.—Section 36B(f)(2)(B) of the Inter-
13 nal Revenue Code of 1986 is amended by adding at the end
14 the following new clause:
15 ‘‘(iii) TEMPORARY MODIFICATION OF
16 LIMITATION ON INCREASE.—In the case of
17 any taxable year beginning in 2020 or
18 2021, clause (i) shall be applied—
19 ‘‘(I) by substituting ‘600 percent’
20 for ‘400 percent’ the first place it ap-
21 pears therein, and
22 ‘‘(II) by substituting the following
23 table for the table contained therein:
‘‘If the household income (expressed as a percent of The applicable dollar
poverty line) is: amount is:
Less than 500% .............................................................. $0
At least 500% but less than 550% ............................... $1,600
•HR 925 EAH
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‘‘If the household income (expressed as a percent of The applicable dollar
poverty line) is: amount is:
At least 550% but less than 600% ............................... $2,650
1 The dollar amounts in the table contained
2 under this clause shall be increased under
3 clause (ii) for taxable years beginning cal-
4 endar year 2021 by substituting ‘calendar
5 year 2020’ for ‘calendar year 2013’ in sub-
6 clause (II) thereof.’’.
7 (b) EFFECTIVE DATE.—The amendment made by this
8 section shall apply to taxable years beginning after Decem-
9 ber 31, 2019.
10 SEC. 314. REQUIREMENTS FOR COBRA NOTICES RELATING
11 TO THE AVAILABILITY OF HEALTH INSUR-
12 ANCE COVERAGE AND ASSISTANCE.
13 (a) ADDITIONAL NOTIFICATION REQUIREMENT FOR
14 COBRA NOTICES.—
15 (1) IN GENERAL.—In the case of a notice pro-
16 vided under section 606(a)(4) of the Employee Retire-
17 ment Income Security Act of 1974 (29 U.S.C.
18 1166(4)), section 4980B(f)(6)(D) of the Internal Rev-
19 enue Code of 1986, or section 2206(4) of the Public
20 Health Service Act (42 U.S.C. 300bb–6(4)), with re-
21 spect to an individual who, during the period de-
22 scribed in paragraph (2), becomes entitled to elect
23 COBRA continuation coverage, the requirements of
•HR 925 EAH
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1 such provisions shall not be treated as met unless such
2 notice includes an additional written notice advising
3 such individual, in clear and understandable lan-
4 guage—
5 (A) that such individual may be eligible
6 for—
7 (i) a special enrollment period de-
8 scribed in section 1311(c)(8)(A) of the Pa-
9 tient Protection and Affordable Care Act;
10 and
11 (ii) a premium tax credit under sec-
12 tion 36B of the Internal Revenue Code of
13 1986 (including a possible increase to such
14 credit by reason of subsection (g) of such
15 section); and
16 (B) of the existence and potential effects of
17 the temporary modification of limitations on
18 reconciliation of such credits under section
19 36B(f)(2)(B)(iii) of such Code.
20 (2) PERIOD DESCRIBED.—For purposes of para-
21 graph (1), the period described in this paragraph is
22 the period that—
23 (A) begins 14 days after the date of the en-
24 actment of this Act; and
•HR 925 EAH
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1 (B) ends 60 days after the last day of the
2 emergency period described in section
3 1135(g)(1)(B) of the Social Security Act (42
4 U.S.C. 1320b–5(g)(1)(B)).
5 (3) FORM.—The requirement of the additional
6 notification under this subsection may be met by
7 amendment of existing notice forms or by inclusion of
8 a separate document with the notice otherwise re-
9 quired.
10 (4) MODEL NOTICES.—Not later than 14 days
11 after the date of enactment of this Act, with respect
12 to any individual described in paragraph (1), the
13 Secretary of Labor, in consultation with the Secretary
14 of the Treasury and the Secretary of Health and
15 Human Services, shall prescribe models for the addi-
16 tional notification required under this subsection.
17 Such models shall include an estimate of the amount
18 of the monthly premium of a silver-level qualified
19 health plan offered through an Exchange following the
20 application of tax credits under section 36B of the In-
21 ternal Revenue Code of 1986 for the average indi-
22 vidual eligible for the special enrollment period de-
23 scribed in paragraph (1)(A)(i).
24 (b) OUTREACH BY THE SECRETARY OF LABOR.—The
25 Secretary of Labor, in consultation with the Secretary of
•HR 925 EAH
1152
1 the Treasury and the Secretary of Health and Human Serv-
2 ices, shall provide outreach consisting of public education
3 and enrollment assistance relating to premium assistance,
4 special enrollment periods, and reconciliation modifications
5 described in subsection (a)(1). Such outreach shall target
6 employers, group health plan administrators, public assist-
7 ance programs, States, consumers, and other entities as de-
8 termined appropriate by such Secretaries. Information on
9 such premium assistance, special enrollment periods, and
10 reconciliation modifications shall also be made available on
11 the websites of the Departments of Labor, Treasury, and
12 Health and Human Services.
13 (c) DEFINITIONS.—In this section:
14 (1) COBRA CONTINUATION COVERAGE.—The
15 term ‘‘COBRA continuation coverage’’ means con-
16 tinuation coverage provided pursuant to part 6 of
17 subtitle B of title I of the Employee Retirement In-
18 come Security Act of 1974 (other than under section
19 609), title XXII of the Public Health Service Act, or
20 section 4980B of the Internal Revenue Code of 1986
21 (other than subsection (f)(1) of such section insofar as
22 it relates to pediatric vaccines), or under a State pro-
23 gram that provides comparable continuation coverage.
24 Such term does not include coverage under a health
25 flexible spending arrangement under a cafeteria plan
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1 within the meaning of section 125 of the Internal
2 Revenue Code of 1986.
3 (2) EXCHANGE.—The term ‘‘Exchange’’ means
4 an American Health Benefit Exchange established
5 under section 1311 of the Patient Protection and Af-
6 fordable Care Act.
7 (3) GROUP HEALTH PLAN.—The term ‘‘group
8 health plan’’ has the meaning given such term in sec-
9 tion 607(1) of the Employee Retirement Income Secu-
10 rity Act of 1974.
11 (4) QUALIFIED HEALTH PLAN.—The term
12 ‘‘qualified health plan’’ has the meaning given such
13 term in section 1301(a)(1) of the Patient Protection
14 and Affordable Care Act.
15 (5) STATE.—The term ‘‘State’’ includes the Dis-
16 trict of Columbia, the Commonwealth of Puerto Rico,
17 the Virgin Islands, Guam, American Samoa, and the
18 Commonwealth of the Northern Mariana Islands.
19 (6) UNEMPLOYMENT COMPENSATION.—The term
20 ‘‘unemployment compensation’’ means, with respect to
21 an individual—
22 (A) regular compensation and extended
23 compensation (as such terms are defined by sec-
24 tion 205 of the Federal-State Extended Unem-
25 ployment Compensation Act of 1970);
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1 (B) unemployment compensation (as de-
2 fined by section 85(b) of the Internal Revenue
3 Code of 1986) provided under any program ad-
4 ministered by a State under an agreement with
5 the Secretary;
6 (C) pandemic unemployment assistance
7 under section 2102 of the CARES Act;
8 (D) pandemic emergency unemployment
9 compensation under section 2107 of the CARES
10 Act;
11 (E) unemployment benefits under the Rail-
12 road Unemployment Insurance Act; and
13 (F) trade adjustment assistance under title
14 II of the Trade Act of 1974;
15 for which such individual is eligible for any week
16 during the period described in subsection (a)(2).
17 TITLE IV—APPLICATION TO
18 OTHER HEALTH PROGRAMS
19 SEC. 401. PROHIBITION ON COPAYMENTS AND COST SHAR-
20 ING FOR TRICARE BENEFICIARIES RECEIVING
21 COVID–19 TREATMENT.
22 (a) IN GENERAL.—Section 6006(a) of the Families
23 First Coronavirus Response Act (Public Law 116–127; 38
24 U.S.C. 1074 note) is amended by striking ‘‘or visits de-
25 scribed in paragraph (2) of such section’’ and inserting ‘‘,
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1 visits described in paragraph (2) of such section, or medical
2 care to treat COVID–19’’.
3 (b) EFFECTIVE DATE.—The amendment made by sub-
4 section (a) shall apply with respect to medical care fur-
5 nished on or after the date of the enactment of this Act.
6 SEC. 402. PROHIBITION ON COPAYMENTS AND COST SHAR-
7 ING FOR VETERANS RECEIVING COVID–19
8 TREATMENT FURNISHED BY DEPARTMENT OF
9 VETERANS AFFAIRS.
10 (a) IN GENERAL.—Section 6006(b) of the Families
11 First Coronavirus Response Act (Public Law 116–127; 38
12 U.S.C. 1701 note) is amended by striking ‘‘or visits de-
13 scribed in paragraph (2) of such section’’ and inserting ‘‘,
14 visits described in paragraph (2) of such section, or hospital
15 care or medical services to treat COVID–19’’.
16 (b) EFFECTIVE DATE.—The amendment made by sub-
17 section (a) shall apply with respect to hospital care and
18 medical services furnished on or after the date of the enact-
19 ment of this Act.
20 SEC. 403. PROHIBITION ON COPAYMENTS AND COST SHAR-
21 ING FOR FEDERAL CIVILIAN EMPLOYEES RE-
22 CEIVING COVID–19 TREATMENT.
23 (a) IN GENERAL.—Section 6006(c) of the Families
24 First Coronavirus Response Act (Public Law 116–127; 5
25 U.S.C. 8904 note) is amended by striking ‘‘or visits de-
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1 scribed in paragraph (2) of such section’’ and inserting ‘‘,
2 visits described in paragraph (2) of such section, or hospital
3 care or medical services to treat COVID–19’’.
4 (b) EFFECTIVE DATE.—The amendment made by sub-
5 section (a) shall apply with respect to hospital care and
6 medical services furnished on or after the date of the enact-
7 ment of this Act.
8 TITLE V—PUBLIC HEALTH
9 POLICIES
10 SEC. 501. DEFINITIONS.
11 In this title:
12 (1) Except as inconsistent with the provisions of
13 this title, the term ‘‘Secretary’’ means the Secretary
14 of Health and Human Services.
15 (2) The term ‘‘State’’ refers to each of the 50
16 States and the District of Columbia.
17 (3) The term ‘‘Tribal’’, with respect to a depart-
18 ment of health (or health department), includes—
19 (A) Indian Tribes that—
20 (i) are operating one or more health
21 facilities pursuant to an agreement under
22 the Indian Self-Determination and Edu-
23 cation Assistance Act (25 U.S.C. 5301 et
24 seq.); or
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1 (ii) receive services from a facility op-
2 erated by the Indian Health Services; and
3 (B) Tribal organizations and Urban Indian
4 organizations.
5 Subtitle A—Supply Chain
6 Improvements
7 SEC. 511. MEDICAL SUPPLIES RESPONSE COORDINATOR.
8 (a) IN GENERAL.—The President shall appoint a Med-
9 ical Supplies Response Coordinator to coordinate the efforts
10 of the Federal Government regarding the supply and dis-
11 tribution of critical medical supplies and equipment related
12 to detecting, diagnosing, preventing, and treating COVID–
13 19, including personal protective equipment, medical de-
14 vices, drugs, and vaccines.
15 (b) QUALIFICATIONS.—To qualify to be appointed as
16 the Medical Supplies Response Coordinator, an individual
17 shall be a senior government official with—
18 (1) health care training, including training re-
19 lated to infectious diseases or hazardous exposures;
20 and
21 (2) a familiarity with medical supply chain lo-
22 gistics.
23 (c) ACTIVITIES.—The Medical Supplies Response Co-
24 ordinator shall—
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1 (1) consult with State, local, territorial, and
2 Tribal officials to ensure that health care facilities
3 and health care workers have sufficient personal pro-
4 tective equipment and other medical supplies;
5 (2) evaluate ongoing needs of States, localities,
6 territories, Tribes, health care facilities, and health
7 care workers to determine the need for critical med-
8 ical supplies and equipment;
9 (3) serve as a point of contact for industry for
10 procurement and distribution of critical medical sup-
11 plies and equipment, including personal protective
12 equipment, medical devices, testing supplies, drugs,
13 and vaccines;
14 (4) procure and distribute critical medical sup-
15 plies and equipment, including personal protective
16 equipment, medical devices, testing supplies, drugs,
17 and vaccines;
18 (5)(A) establish and maintain an up-to-date na-
19 tional database of hospital capacity, including beds,
20 ventilators, and supplies, including personal protec-
21 tive equipment, medical devices, drugs, and vaccines;
22 and
23 (B) provide weekly reports to the Congress on
24 gaps in such capacity and progress made toward clos-
25 ing the gaps;
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1 (6) require, as necessary, industry reporting on
2 production and distribution of personal protective
3 equipment, medical devices, testing supplies, drugs,
4 and vaccines and assess financial penalties as may be
5 specified by the Medical Supplies Response Coordi-
6 nator for failure to comply with such requirements for
7 reporting on production and distribution;
8 (7) consult with the Secretary and the Adminis-
9 trator of the Federal Emergency Management Agency,
10 as applicable, to ensure sufficient production levels
11 under the Defense Production Act of 1950 (50 U.S.C.
12 4501 et seq.); and
13 (8) monitor the prices of critical medical sup-
14 plies and equipment, including personal protective
15 equipment and medical devices, drugs, and vaccines
16 related to detecting, diagnosing, preventing, and
17 treating COVID–19 and report any suspected price
18 gouging of such materials to the Federal Trade Com-
19 mission and appropriate law enforcement officials.
20 SEC. 512. INFORMATION TO BE INCLUDED IN LIST OF DE-
21 VICES DETERMINED TO BE IN SHORTAGE.
22 Section 506J(g)(2)(A) of the Federal Food, Drug, and
23 Cosmetic Act, as added by section 3121 of the CARES Act
24 (Public Law 116–136), is amended by inserting ‘‘, includ-
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1 ing the device identifier or national product code for such
2 device, if applicable’’ before the period at the end.
3 SEC. 513. EXTENDED SHELF LIFE DATES FOR ESSENTIAL
4 DEVICES.
5 (a) IN GENERAL.—The Federal Food, Drug, and Cos-
6 metic Act is amended by inserting after section 506J (21
7 U.S.C. 356j) the following:
8 ‘‘SEC. 506K. EXTENDED SHELF LIFE DATES FOR ESSENTIAL
9 DEVICES.
10 ‘‘(a) IN GENERAL.—A manufacturer of a device subject
11 to notification requirements under section 506J (in this sec-
12 tion referred to as an ‘essential device’) shall—
13 ‘‘(1) submit to the Secretary data and informa-
14 tion as required by subsection (b)(1);
15 ‘‘(2) conduct and submit the results of any stud-
16 ies required under subsection (b)(3); and
17 ‘‘(3) make any labeling change described in sub-
18 section (c) by the date specified by the Secretary pur-
19 suant to such subsection.
20 ‘‘(b) NOTIFICATION.—
21 ‘‘(1) IN GENERAL.—The Secretary may issue an
22 order requiring the manufacturer of any essential de-
23 vice to submit, in such manner as the Secretary may
24 prescribe, data and information from any stage of de-
25 velopment of the device (including pilot, investiga-
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1 tional, and final product validation) that are ade-
2 quate to assess the shelf life of the device to determine
3 the longest supported expiration date.
4 ‘‘(2) UNAVAILABLE OR INSUFFICIENT DATA AND
5 INFORMATION.—If the data and information referred
6 to in paragraph (1) are not available or are insuffi-
7 cient, the Secretary may require the manufacturer of
8 the device to—
9 ‘‘(A) conduct studies adequate to provide the
10 data and information; and
11 ‘‘(B) submit to the Secretary the results,
12 data, and information generated by such studies
13 when available.
14 ‘‘(c) LABELING.—The Secretary may issue an order re-
15 quiring the manufacturer of an essential device to make by
16 a specified date any labeling change regarding the expira-
17 tion period that the Secretary determines to be appropriate
18 based on the data and information required to be submitted
19 under this section or any other data and information avail-
20 able to the Secretary.
21 ‘‘(d) CONFIDENTIALITY.—Nothing in this section shall
22 be construed as authorizing the Secretary to disclose any
23 information that is a trade secret or confidential informa-
24 tion subject to section 552(b)(4) of title 5, United States
25 Code, or section 1905 of title 18, United States Code.’’.
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1 (b) CIVIL MONETARY PENALTY.—Section 303(f) of the
2 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f))
3 is amended by adding at the end the following:
4 ‘‘(10) CIVIL MONETARY PENALTY WITH RESPECT TO
5 EXTENDED SHELF LIFE DATES FOR ESSENTIAL DE-
6 VICES.—If the manufacturer of a device subject to notifica-
7 tion requirements under section 506J violates section 506K
8 by failing to submit data and information as required
9 under section 506K(b)(1), failing to conduct or submit the
10 results of studies as required under section 506K(b)(3), or
11 failing to make a labeling change as required under section
12 506K(c), such manufacturer shall be liable to the United
13 States for a civil penalty in an amount not to exceed
14 $10,000 for each such violation.’’.
15 (c) EMERGENCY USE ELIGIBLE PRODUCTS.—Sub-
16 paragraph (A) of section 564A(a)(1) of the Federal Food,
17 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3a(a)(1)) is
18 amended to read as follows:
19 ‘‘(A) is approved or cleared under this
20 chapter, otherwise listed as a device pursuant to
21 section 510(j), conditionally approved under sec-
22 tion 571, or licensed under section 351 of the
23 Public Health Service Act;’’.
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1 SEC. 514. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.
2 (a) IN GENERAL.—Section 801(a) of the Federal Food,
3 Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended—
4 (1) in the fourth sentence, by inserting ‘‘or coun-
5 terfeit device’’ after ‘‘counterfeit drug’’; and
6 (2) by striking ‘‘The Secretary of the Treasury
7 shall cause the destruction of’’ and all that follows
8 through ‘‘liable for costs pursuant to subsection (c).’’
9 and inserting the following: ‘‘The Secretary of the
10 Treasury shall cause the destruction of any such arti-
11 cle refused admission unless such article is exported,
12 under regulations prescribed by the Secretary of the
13 Treasury, within 90 days of the date of notice of such
14 refusal or within such additional time as may be per-
15 mitted pursuant to such regulations, except that the
16 Secretary of Health and Human Services may de-
17 stroy, without the opportunity for export, any drug or
18 device refused admission under this section, if such
19 drug or device is valued at an amount that is $2,500
20 or less (or such higher amount as the Secretary of the
21 Treasury may set by regulation pursuant to section
22 498(a)(1) of the Tariff Act of 1930 (19 U.S.C.
23 1498(a)(1))) and was not brought into compliance as
24 described under subsection (b). The Secretary of
25 Health and Human Services shall issue regulations
26 providing for notice and an opportunity to appear
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1 before the Secretary of Health and Human Services
2 and introduce testimony, as described in the first sen-
3 tence of this subsection, on destruction of a drug or
4 device under the seventh sentence of this subsection.
5 The regulations shall provide that prior to destruc-
6 tion, appropriate due process is available to the
7 owner or consignee seeking to challenge the decision to
8 destroy the drug or device. Where the Secretary of
9 Health and Human Services provides notice and an
10 opportunity to appear and introduce testimony on
11 the destruction of a drug or device, the Secretary of
12 Health and Human Services shall store and, as ap-
13 plicable, dispose of the drug or device after the
14 issuance of the notice, except that the owner and con-
15 signee shall remain liable for costs pursuant to sub-
16 section (c).’’.
17 (b) DEFINITION.—Section 201(h) of the Federal Food,
18 Drug, and Cosmetic Act (21 U.S.C. 321(h)) is amended—
19 (1) by redesignating subparagraphs (1), (2), and
20 (3) as clauses (A), (B), and (C), respectively; and
21 (2) after making such redesignations—
22 (A) by striking ‘‘(h) The term’’ and insert-
23 ing ‘‘(h)(1) The term’’; and
24 (B) by adding at the end the following:
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1 ‘‘(2) The term ‘counterfeit device’ means a device
2 which, or the container, packaging, or labeling of which,
3 without authorization, bears a trademark, trade name, or
4 other identifying mark, imprint, or symbol, or any likeness
5 thereof, or is manufactured using a design, of a device man-
6 ufacturer, packer, or distributor other than the person or
7 persons who in fact manufactured, packed, or distributed
8 such device and which thereby falsely purports or is rep-
9 resented to be the product of, or to have been packed or dis-
10 tributed by, such other device manufacturer, packer, or dis-
11 tributor.
12 ‘‘(3) For purposes of subparagraph (2)—
13 ‘‘(A) the term ‘manufactured’ refers to any of the
14 following activities: manufacture, preparation, propa-
15 gation, compounding, assembly, or processing; and
16 ‘‘(B) the term ‘manufacturer’ means a person
17 who is engaged in any of the activities listed in clause
18 (A).’’.
19 SEC. 515. REPORTING REQUIREMENT FOR DRUG MANUFAC-
20 TURERS.
21 (a) ESTABLISHMENTS IN A FOREIGN COUNTRY.—Sec-
22 tion 510(i) of the Federal Food, Drug, and Cosmetic Act
23 (21 U.S.C. 360(i)) is amended by inserting at the end the
24 following new paragraph:
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1 ‘‘(5) The requirements of paragraphs (1) and (2) shall
2 apply to establishments within a foreign country engaged
3 in the manufacture, preparation, propagation,
4 compounding, or processing of any drug, including the ac-
5 tive pharmaceutical ingredient, that is required to be listed
6 pursuant to subsection (j). Such requirements shall apply
7 regardless of whether the drug or active pharmaceutical in-
8 gredient undergoes further manufacture, preparation, prop-
9 agation, compounding, or processing at a separate estab-
10 lishment or establishments outside the United States prior
11 to being imported or offered for import into the United
12 States.’’.
13 (b) LISTING OF DRUGS.—Section 510(j)(1) of the Fed-
14 eral Food, Drug, and Cosmetic Act (21 U.S.C. 360(j)(1))
15 is amended—
16 (1) in subparagraph (D), by striking ‘‘and’’ at
17 the end;
18 (2) in subparagraph (E), by striking the period
19 at the end and inserting ‘‘; and’’; and
20 (3) by adding at the end the following new sub-
21 paragraph:
22 ‘‘(F) in the case of a drug contained in the ap-
23 plicable list, a certification that the registrant has—
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1 ‘‘(i) identified every other establishment
2 where manufacturing is performed for the drug;
3 and
4 ‘‘(ii) notified each known foreign establish-
5 ment engaged in the manufacture, preparation,
6 propagation, compounding, or processing of the
7 drug, including the active pharmaceutical ingre-
8 dient, of the inclusion of the drug in the list and
9 the obligation to register.’’.
10 (c) QUARTERLY REPORTING ON AMOUNT OF DRUGS
11 MANUFACTURED.—Section 510(j)(3)(A) of the Federal
12 Food, Drug, and Cosmetic Act (as added by section 3112
13 of the CARES Act (Public Law 116–136)) is amended by
14 striking ‘‘annually’’ and inserting ‘‘once during the month
15 of March of each year, once during the month of June of
16 each year, once during the month of September of each year,
17 and once during the month of December of each year’’.
18 SEC. 516. RECOMMENDATIONS TO ENCOURAGE DOMESTIC
19 MANUFACTURING OF CRITICAL DRUGS.
20 (a) IN GENERAL.—Not later than 14 days after the
21 date of enactment of this Act, the Secretary shall enter into
22 an agreement with the National Academies of Sciences, En-
23 gineering, and Medicine (referred to in this section as the
24 ‘‘National Academies’’) under which, not later than 90 days
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1 after the date of entering into the agreement, the National
2 Academies will—
3 (1) establish a committee of experts who are
4 knowledgeable about drug and device supply issues,
5 including—
6 (A) sourcing and production of critical
7 drugs and devices;
8 (B) sourcing and production of active phar-
9 maceutical ingredients in critical drugs;
10 (C) the raw materials and other components
11 for critical drugs and devices; and
12 (D) the public health and national security
13 implications of the current supply chain for crit-
14 ical drugs and devices;
15 (2) convene a public symposium to—
16 (A) analyze the impact of United States de-
17 pendence on the foreign manufacturing of crit-
18 ical drugs and devices on patient access and
19 care, including in hospitals and intensive care
20 units; and
21 (B) recommend strategies to end United
22 States dependence on foreign manufacturing to
23 ensure the United States has a diverse and vital
24 supply chain for critical drugs and devices to
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1 protect the Nation from natural or hostile occur-
2 rences; and
3 (3) submit a report on the symposium’s pro-
4 ceedings to the Congress and publish a summary of
5 such proceedings on the public website of the National
6 Academies.
7 (b) SYMPOSIUM.—In carrying out the agreement under
8 subsection (a), the National Academies shall consult with—
9 (1) the Department of Health and Human Serv-
10 ices, the Department of Homeland Security, the De-
11 partment of Defense, the Department of Commerce,
12 the Department of State, the Department of Veterans
13 Affairs, the Department of Justice, and any other
14 Federal agencies as appropriate; and
15 (2) relevant stakeholders, including drug and de-
16 vice manufacturers, health care providers, medical
17 professional societies, State-based societies, public
18 health experts, State and local public health depart-
19 ments, State medical boards, patient groups, health
20 care distributors, wholesalers and group purchasing
21 organizations, pharmacists, and other entities with
22 experience in health care and public health, as appro-
23 priate.
24 (c) DEFINITIONS.—For the purposes of this section:
25 (1) The term ‘‘critical’’—
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1 (A) with respect to a device, refers to a de-
2 vice classified by the Food and Drug Adminis-
3 tration as implantable, life-saving, and life-sus-
4 taining; or
5 (B) with respect to a drug, refers to a drug
6 that is described in subsection (a) of section
7 506C of the Federal Food, Drug, and Cosmetic
8 Act (21 U.S.C. 356c) (relating to notification of
9 any discontinuance or interruption in the pro-
10 duction of life-saving drugs).
11 (2) The terms ‘‘device’’ and ‘‘drug’’ have the
12 meanings given to those terms in section 201 of the
13 Federal Food, Drug, and Cosmetic Act (21 U.S.C.
14 321).
15 SEC. 517. FAILURE TO NOTIFY OF A PERMANENT DIS-
16 CONTINUANCE OR AN INTERRUPTION.
17 Section 301 of the Federal Food, Drug, and Cosmetic
18 Act (21 U.S.C. 331) is amended by adding at the end the
19 following:
20 ‘‘(fff) The failure of a manufacturer of a drug described
21 in section 506C(a) or an active pharmaceutical ingredient
22 of such a drug, without a reasonable basis as determined
23 by the Secretary, to notify the Secretary of a permanent
24 discontinuance or an interruption, and the reasons for such
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1 discontinuance or interruption, as required by section
2 506C.’’.
3 SEC. 518. FAILURE TO DEVELOP RISK MANAGEMENT PLAN.
4 Section 301 of the Federal Food, Drug, and Cosmetic
5 Act (21 U.S.C. 331), as amended by section 517, is further
6 amended by adding at the end the following:
7 ‘‘(ggg) The failure to develop, maintain, and imple-
8 ment a risk management plan, as required by section
9 506C(j).’’.
10 SEC. 519. NATIONAL CENTERS OF EXCELLENCE IN CONTIN-
11 UOUS PHARMACEUTICAL MANUFACTURING.
12 (a) IN GENERAL.—Section 3016 of the 21st Century
13 Cures Act (21 U.S.C. 399h) is amended to read as follows:
14 ‘‘SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN CON-
15 TINUOUS PHARMACEUTICAL MANUFAC-
16 TURING.
17 ‘‘(a) IN GENERAL.—The Secretary of Health and
18 Human Services, acting through the Commissioner of Food
19 and Drugs—
20 ‘‘(1) shall solicit and, beginning not later than
21 1 year after the date of enactment of the Investing in
22 America’s Health Care During the COVID–19 Pan-
23 demic Act receive requests from institutions of higher
24 education to be designated as a National Center of
25 Excellence in Continuous Pharmaceutical Manufac-
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1 turing (in this section referred to as a ‘National Cen-
2 ter of Excellence’) to support the advancement and de-
3 velopment of continuous manufacturing; and
4 ‘‘(2) shall so designate any institution of higher
5 education that—
6 ‘‘(A) requests such designation; and
7 ‘‘(B) meets the criteria specified in sub-
8 section (c).
9 ‘‘(b) REQUEST FOR DESIGNATION.—A request for des-
10 ignation under subsection (a) shall be made to the Secretary
11 at such time, in such manner, and containing such infor-
12 mation as the Secretary may require. Any such request
13 shall include a description of how the institution of higher
14 education meets or plans to meet each of the criteria speci-
15 fied in subsection (c).
16 ‘‘(c) CRITERIA FOR DESIGNATION DESCRIBED.—The
17 criteria specified in this subsection with respect to an insti-
18 tution of higher education are that the institution has, as
19 of the date of the submission of a request under subsection
20 (a) by such institution—
21 ‘‘(1) physical and technical capacity for research
22 and development of continuous manufacturing;
23 ‘‘(2) manufacturing knowledge-sharing networks
24 with other institutions of higher education, large and
25 small pharmaceutical manufacturers, generic and
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1 nonprescription manufacturers, contract manufactur-
2 ers, and other entities;
3 ‘‘(3) proven capacity to design and demonstrate
4 new, highly effective technology for use in continuous
5 manufacturing;
6 ‘‘(4) a track record for creating and transferring
7 knowledge with respect to continuous manufacturing;
8 ‘‘(5) the potential to train a future workforce for
9 research on and implementation of advanced manu-
10 facturing and continuous manufacturing; and
11 ‘‘(6) experience in participating in and leading
12 a continuous manufacturing technology partnership
13 with other institutions of higher education, large and
14 small pharmaceutical manufacturers (including ge-
15 neric and nonprescription drug manufacturers), con-
16 tract manufacturers, and other entities—
17 ‘‘(A) to support companies with continuous
18 manufacturing in the United States;
19 ‘‘(B) to support Federal agencies with tech-
20 nical assistance, which may include regulatory
21 and quality metric guidance as applicable, for
22 advanced manufacturing and continuous manu-
23 facturing;
24 ‘‘(C) with respect to continuous manufac-
25 turing, to organize and conduct research and de-
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1 velopment activities needed to create new and
2 more effective technology, capture and dissemi-
3 nate expertise, create intellectual property, and
4 maintain technological leadership;
5 ‘‘(D) to develop best practices for designing
6 continuous manufacturing; and
7 ‘‘(E) to assess and respond to the workforce
8 needs for continuous manufacturing, including
9 the development of training programs if needed.
10 ‘‘(d) TERMINATION OF DESIGNATION.—The Secretary
11 may terminate the designation of any National Center of
12 Excellence designated under this section if the Secretary de-
13 termines such National Center of Excellence no longer meets
14 the criteria specified in subsection (c). Not later than 60
15 days before the effective date of such a termination, the Sec-
16 retary shall provide written notice to the National Center
17 of Excellence, including the rationale for such termination.
18 ‘‘(e) CONDITIONS FOR DESIGNATION.—As a condition
19 of designation as a National Center of Excellence under this
20 section, the Secretary shall require that an institution of
21 higher education enter into an agreement with the Sec-
22 retary under which the institution agrees—
23 ‘‘(1) to collaborate directly with the Food and
24 Drug Administration to publish the reports required
25 by subsection (g);
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1175
1 ‘‘(2) to share data with the Food and Drug Ad-
2 ministration regarding best practices and research
3 generated through the funding under subsection (f);
4 ‘‘(3) to develop, along with industry partners
5 (which may include large and small biopharma-
6 ceutical manufacturers, generic and nonprescription
7 manufacturers, and contract manufacturers) and an-
8 other institution or institutions designated under this
9 section, if any, a roadmap for developing a contin-
10 uous manufacturing workforce;
11 ‘‘(4) to develop, along with industry partners
12 and other institutions designated under this section,
13 a roadmap for strengthening existing, and developing
14 new, relationships with other institutions; and
15 ‘‘(5) to provide an annual report to the Food
16 and Drug Administration regarding the institution’s
17 activities under this section, including a description
18 of how the institution continues to meet and make
19 progress on the criteria listed in subsection (c).
20 ‘‘(f) FUNDING.—
21 ‘‘(1) IN GENERAL.—The Secretary shall award
22 funding, through grants, contracts, or cooperative
23 agreements, to the National Centers of Excellence des-
24 ignated under this section for the purpose of studying
25 and recommending improvements to continuous man-
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1 ufacturing, including such improvements as may en-
2 able the Centers—
3 ‘‘(A) to continue to meet the conditions
4 specified in subsection (e); and
5 ‘‘(B) to expand capacity for research on,
6 and development of, continuing manufacturing.
7 ‘‘(2) CONSISTENCY WITH FDA MISSION.—As a
8 condition on receipt of funding under this subsection,
9 a National Center of Excellence shall agree to consider
10 any input from the Secretary regarding the use of
11 funding that would—
12 ‘‘(A) help to further the advancement of con-
13 tinuous manufacturing through the National
14 Center of Excellence; and
15 ‘‘(B) be relevant to the mission of the Food
16 and Drug Administration.
17 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
18 There is authorized to be appropriated to carry out
19 this subsection $100,000,000, to remain available
20 until expended.
21 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this
22 section shall be construed as precluding a National
23 Center for Excellence designated under this section
24 from receiving funds under any other provision of
25 this Act or any other Federal law.
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1 ‘‘(g) ANNUAL REVIEW AND REPORTS.—
2 ‘‘(1) ANNUAL REPORT.—Beginning not later
3 than 1 year after the date on which the first designa-
4 tion is made under subsection (a), and annually
5 thereafter, the Secretary shall—
6 ‘‘(A) submit to Congress a report describing
7 the activities, partnerships and collaborations,
8 Federal policy recommendations, previous and
9 continuing funding, and findings of, and any
10 other applicable information from, the National
11 Centers of Excellence designated under this sec-
12 tion; and
13 ‘‘(B) make such report available to the pub-
14 lic in an easily accessible electronic format on
15 the website of the Food and Drug Administra-
16 tion.
17 ‘‘(2) REVIEW OF NATIONAL CENTERS OF EXCEL-
18 LENCE AND POTENTIAL DESIGNEES.—The Secretary
19 shall periodically review the National Centers of Ex-
20 cellence designated under this section to ensure that
21 such National Centers of Excellence continue to meet
22 the criteria for designation under this section.
23 ‘‘(3) REPORT ON LONG-TERM VISION OF FDA
24 ROLE.—Not later than 2 years after the date on
25 which the first designation is made under subsection
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1 (a), the Secretary, in consultation with the National
2 Centers of Excellence designated under this section,
3 shall submit a report to the Congress on the long-term
4 vision of the Department of Health and Human Serv-
5 ices on the role of the Food and Drug Administration
6 in supporting continuous manufacturing, including—
7 ‘‘(A) a national framework of principles re-
8 lated to the implementation and regulation of
9 continuous manufacturing;
10 ‘‘(B) a plan for the development of Federal
11 regulations and guidance for how advanced
12 manufacturing and continuous manufacturing
13 can be incorporated into the development of
14 pharmaceuticals and regulatory responsibilities
15 of the Food and Drug Administration; and
16 ‘‘(C) appropriate feedback solicited from the
17 public, which may include other institutions,
18 large and small biopharmaceutical manufactur-
19 ers, generic and nonprescription manufacturers,
20 and contract manufacturers.
21 ‘‘(h) DEFINITIONS.—In this section:
22 ‘‘(1) ADVANCED MANUFACTURING.—The term
23 ‘advanced manufacturing’ means an approach for the
24 manufacturing of pharmaceuticals that incorporates
25 novel technology, or uses an established technique or
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1 technology in a new or innovative way (such as con-
2 tinuous manufacturing where the input materials are
3 continuously transformed within the process by two
4 or more unit operations) that enhances drug quality
5 or improves the manufacturing process.
6 ‘‘(2) CONTINUOUS MANUFACTURING.—The term
7 ‘continuous manufacturing’—
8 ‘‘(A) means a process where the input mate-
9 rials are continuously fed into and transformed
10 within the process, and the processed output ma-
11 terials are continuously removed from the sys-
12 tem; and
13 ‘‘(B) consists of an integrated process that
14 consists of a series of two or more unit oper-
15 ations.
16 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The
17 term ‘institution of higher education’ has the meaning
18 given such term in section 101(a) of the Higher Edu-
19 cation Act of 1965 (20 U.S.C. 1001(a)).
20 ‘‘(4) SECRETARY.—The term ‘Secretary’ means
21 the Secretary of Health and Human Services, acting
22 through the Commissioner of Food and Drugs.’’.
23 (b) TRANSITION RULE.—Section 3016 of the 21st Cen-
24 tury Cures Act (21 U.S.C. 399h), as in effect on the day
25 before the date of the enactment of this section, shall apply
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1 with respect to grants awarded under such section before
2 such date of enactment.
3 Subtitle B—Strategic National
4 Stockpile Improvements
5 SEC. 531. EQUIPMENT MAINTENANCE.
6 Section 319F–2 of the Public Health Service Act (42
7 U.S.C. 247d–6b) is amended—
8 (1) in subsection (a)(3)—
9 (A) in subparagraph (I), by striking ‘‘;
10 and’’ and inserting a semicolon;
11 (B) in subparagraph (J), by striking the
12 period at the end and inserting a semicolon; and
13 (C) by inserting the following new subpara-
14 graph at the end:
15 ‘‘(K) ensure the contents of the stockpile re-
16 main in good working order and, as appro-
17 priate, conduct maintenance services on such
18 contents; and’’; and
19 (2) in subsection (c)(7)(B), by adding at the end
20 the following new clause:
21 ‘‘(ix) EQUIPMENT MAINTENANCE SERV-
22 ICE.—In carrying out this section, the Sec-
23 retary may enter into contracts for the pro-
24 curement of equipment maintenance serv-
25 ices.’’.
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1 SEC. 532. SUPPLY CHAIN FLEXIBILITY MANUFACTURING
2 PILOT.
3 (a) IN GENERAL.—Section 319F–2(a)(3) of the Public
4 Health Service Act (42 U.S.C. 247d–6b(a)(3)), as amended
5 by section 531, is further amended by adding at the end
6 the following new subparagraph:
7 ‘‘(L) enhance medical supply chain elas-
8 ticity and establish and maintain domestic re-
9 serves of critical medical supplies (including per-
10 sonal protective equipment, ancillary medical
11 supplies, and other applicable supplies required
12 for the administration of drugs, vaccines and
13 other biological products, and other medical de-
14 vices (including diagnostic tests)) by—
15 ‘‘(i) increasing emergency stock of crit-
16 ical medical supplies;
17 ‘‘(ii) geographically diversifying pro-
18 duction of such medical supplies;
19 ‘‘(iii) purchasing, leasing, or entering
20 into joint ventures with respect to facilities
21 and equipment for the production of such
22 medical supplies; and
23 ‘‘(iv) working with distributors of such
24 medical supplies to manage the domestic re-
25 serves established under this subparagraph
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1 by refreshing and replenishing stock of such
2 medical supplies.’’.
3 (b) REPORTING; SUNSET.—Section 319F–2(a) of the
4 Public Health Service Act (42 U.S.C. 247d–6b(a)) is
5 amended by adding at the end the following:
6 ‘‘(6) REPORTING.—Not later than September 30,
7 2022, the Secretary shall submit to the Committee on
8 Energy and Commerce of the House of Representa-
9 tives and the Committee on Health, Education, Labor
10 and Pensions of the Senate a report on the details of
11 each purchase, lease, or joint venture entered into
12 under paragraph (3)(L), including the amount ex-
13 pended by the Secretary on each such purchase, lease,
14 or joint venture.
15 ‘‘(7) SUNSET.—The authority to make purchases,
16 leases, or joint ventures pursuant to paragraph (3)(L)
17 shall cease to be effective on September 30, 2023.’’.
18 (c) FUNDING.—Section 319F–2(f) of the Public Health
19 Service Act (42 U.S.C. 247d–6b(f)) is amended by adding
20 at the end the following:
21 ‘‘(3) SUPPLY CHAIN ELASTICITY.—
22 ‘‘(A) IN GENERAL.—For the purpose of car-
23 rying out subsection (a)(3)(L), there is author-
24 ized to be appropriated $500,000,000 for each of
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1 fiscal years 2020 through 2023, to remain avail-
2 able until expended.
3 ‘‘(B) RELATION TO OTHER AMOUNTS.—The
4 amount authorized to be appropriated by sub-
5 paragraph (A) for the purpose of carrying out
6 subsection (a)(3)(L) is in addition to any other
7 amounts available for such purpose.’’.
8 SEC. 533. REIMBURSABLE TRANSFERS FROM STRATEGIC
9 NATIONAL STOCKPILE.
10 Section 319F–2(a) of the Public Health Service Act
11 (42 U.S.C. 247d–6b(a)), as amended, is further amended
12 by adding at the end the following:
13 ‘‘(8) TRANSFERS AND REIMBURSEMENTS.—
14 ‘‘(A) IN GENERAL.—Without regard to
15 chapter 5 of title 40, United States Code, the
16 Secretary may transfer to any Federal depart-
17 ment or agency, on a reimbursable basis, any
18 drugs, vaccines and other biological products,
19 medical devices, and other supplies in the stock-
20 pile if—
21 ‘‘(i) the transferred supplies are less
22 than 6 months from expiry;
23 ‘‘(ii) the stockpile is able to replenish
24 the supplies, as appropriate; and
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1 ‘‘(iii) the Secretary decides the transfer
2 is in the best interest of the United States
3 Government.
4 ‘‘(B) USE OF REIMBURSEMENT.—Reim-
5 bursement derived from the transfer of supplies
6 pursuant to subparagraph (A) may be used by
7 the Secretary, without further appropriation and
8 without fiscal year limitation, to carry out this
9 section.
10 ‘‘(C) REPORT.—Not later than September
11 30, 2022, the Secretary shall submit to the Com-
12 mittee on Energy and Commerce of the House of
13 Representatives and the Committee on Health,
14 Education, Labor and Pensions of the Senate a
15 report on each transfer made under this para-
16 graph and the amount received by the Secretary
17 in exchange for that transfer.
18 ‘‘(D) SUNSET.—The authority to make
19 transfers under this paragraph shall cease to be
20 effective on September 30, 2023.’’.
21 SEC. 534. STRATEGIC NATIONAL STOCKPILE ACTION RE-
22 PORTING.
23 (a) IN GENERAL.—The Assistant Secretary for Pre-
24 paredness and Response (in this section referred to as the
25 ‘‘Assistant Secretary’’), in coordination with the Adminis-
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1 trator of the Federal Emergency Management Agency,
2 shall—
3 (1) not later than 30 days after the date of en-
4 actment of this Act, issue a report to the Committee
5 on Energy and Commerce of the House of Representa-
6 tives and the Committee on Health, Education, Labor
7 and Pensions of the Senate regarding all State, local,
8 Tribal, and territorial requests for supplies from the
9 Strategic National Stockpile related to COVID–19;
10 and
11 (2) not less than every 30 days thereafter through
12 the end of the emergency period (as such term is de-
13 fined in section 1135(g)(1)(B) of the Social Security
14 Act (42 U.S.C. 1320b–5(g)(1)(B))), submit to such
15 committees an updated version of such report.
16 (b) REPORTING PERIOD.—
17 (1) INITIAL REPORT.—The initial report under
18 subsection (a) shall address all requests described in
19 such subsection made during the period—
20 (A) beginning on January 31, 2020; and
21 (B) ending on the date that is 30 days be-
22 fore the date of submission of the report.
23 (2) UPDATES.—Each update to the report under
24 subsection (a) shall address all requests described in
25 such subsection made during the period—
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1 (A) beginning at the end of the previous re-
2 porting period under this section; and
3 (B) ending on the date that is 30 days be-
4 fore the date of submission of the updated report.
5 (c) CONTENTS OF REPORT.—The report under sub-
6 section (a) (and updates thereto) shall include—
7 (1) the details of each request described in such
8 subsection, including—
9 (A) the specific medical countermeasures,
10 including devices such as personal protective
11 equipment, and other materials requested; and
12 (B) the amount of such materials requested;
13 and
14 (2) the outcomes of each request described in sub-
15 section (a), including—
16 (A) whether the request was wholly fulfilled,
17 partially fulfilled, or denied;
18 (B) if the request was wholly or partially
19 fulfilled, the fulfillment amount; and
20 (C) if the request was partially fulfilled or
21 denied, a rationale for such outcome.
22 SEC. 535. IMPROVED, TRANSPARENT PROCESSES FOR THE
23 STRATEGIC NATIONAL STOCKPILE.
24 (a) IN GENERAL.—Not later than January 1, 2021,
25 the Secretary, in collaboration with the Assistant Secretary
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1 for Preparedness and Response and the Director of the Cen-
2 ters for Disease Control and Prevention, shall develop and
3 implement improved, transparent processes for the use and
4 distribution of drugs, vaccines and other biological prod-
5 ucts, medical devices, and other supplies (including per-
6 sonal protective equipment, ancillary medical supplies, and
7 other applicable supplies required for the administration of
8 drugs, vaccines and other biological products, diagnostic
9 tests, and other medical devices ) in the Strategic National
10 Stockpile under section 319F–2 of the Public Health Service
11 Act (42 U.S.C. 247d–6b) (in this section referred to as the
12 ‘‘Stockpile’’).
13 (b) PROCESSES.—The processes developed under sub-
14 section (a) shall include—
15 (1) the form and manner in which States, local-
16 ities, Tribes, and territories are required to submit re-
17 quests for supplies from the Stockpile;
18 (2) the criteria used by the Secretary in respond-
19 ing to such requests, including the reasons for ful-
20 filling or denying such requests;
21 (3) what circumstances result in prioritization of
22 distribution of supplies from the Stockpile to States,
23 localities, Tribes, or territories;
24 (4) clear plans for future, urgent communication
25 between the Secretary and States, localities, Tribes,
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1 and territories regarding the outcome of such requests;
2 and
3 (5) any differences in the processes developed
4 under subsection (a) for geographically related emer-
5 gencies, such as weather events, and national emer-
6 gencies, such as pandemics.
7 (c) REPORT TO CONGRESS.—Not later than January
8 1, 2021, the Secretary shall—
9 (1) submit a report to the Committee Energy
10 and Commerce of the House of Representatives and
11 the Committee on Health, Education, Labor and Pen-
12 sions of the Senate regarding the improved, trans-
13 parent processes developed under this section; and
14 (2) include in such report recommendations for
15 opportunities for communication (by telebriefing,
16 phone calls, or in-person meetings) between the Sec-
17 retary and States, localities, Tribes, and territories
18 regarding such improved, transparent processes.
19 SEC. 536. GAO STUDY ON THE FEASIBILITY AND BENEFITS
20 OF A STRATEGIC NATIONAL STOCKPILE USER
21 FEE AGREEMENT.
22 (a) IN GENERAL.— The Comptroller General of the
23 United States shall conduct a study to investigate the feasi-
24 bility of establishing user fees to offset certain Federal costs
25 attributable to the procurement of single-source materials
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1 for the Strategic National Stockpile under section 319F–
2 2 of the Public Health Service Act (42 U.S.C. 247d–6b) and
3 distributions of such materials from the Stockpile. In con-
4 ducting this study, the Comptroller General shall consider,
5 to the extent information is available—
6 (1) whether entities receiving such distributions
7 generate profits from those distributions;
8 (2) any Federal costs attributable to such dis-
9 tributions;
10 (3) whether such user fees would provide the Sec-
11 retary with funding to potentially offset procurement
12 costs of such materials for the Strategic National
13 Stockpile; and
14 (4) any other issues the Comptroller General
15 identifies as relevant.
16 (b) REPORT.—Not later than February 1, 2023, the
17 Comptroller General of the United States shall submit to
18 the Congress a report on the findings and conclusions of
19 the study under subsection (a).
20 Subtitle C—Testing and Testing
21 Infrastructure Improvements
22 SEC. 541. COVID–19 TESTING STRATEGY.
23 (a) STRATEGY.—Not later than 30 days after the date
24 of the enactment of this Act, the Secretary shall update the
25 COVID–19 strategic testing plan under the heading ‘‘De-
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1 partment of Health and Human Services—Office of the
2 Secretary—Public Health and Social Service Emergency
3 Fund’’ in title I of division B of the Paycheck Protection
4 Program and Health Care Enhancement Act (Public Law
5 116–139, 134 Stat. 620, 626–627) and submit to the appro-
6 priate congressional committees such updated national plan
7 identifying—
8 (1) what level of, types of, and approaches to
9 testing (including predicted numbers of tests, popu-
10 lations to be tested, and frequency of testing and the
11 appropriate setting whether a health care setting
12 (such as hospital-based, high-complexity laboratory,
13 point-of-care, mobile testing units, pharmacies or
14 community health centers) or non-health care setting
15 (such as workplaces, schools, or child care centers))
16 are necessary—
17 (A) to sufficiently monitor and contribute to
18 the control of the transmission of SARS–CoV–2
19 in the United States;
20 (B) to ensure that any reduction in social
21 distancing efforts, when determined appropriate
22 by public health officials, can be undertaken in
23 a manner that optimizes the health and safety of
24 the people of the United States, and reduces dis-
25 parities (including disparities related to race,
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1 ethnicity, sex, age, disability status, socio-
2 economic status, and geographic location) in the
3 prevalence of, incidence of, and health outcomes
4 with respect to, COVID–19; and
5 (C) to provide for ongoing surveillance suf-
6 ficient to support contact tracing, case identi-
7 fication, quarantine, and isolation to prevent fu-
8 ture outbreaks of COVID–19;
9 (2) specific plans and benchmarks, each with
10 clear timelines, to ensure—
11 (A) such level of, types of, and approaches
12 to testing as are described in paragraph (1),
13 with respect to optimizing health and safety;
14 (B) sufficient availability of all necessary
15 testing materials and supplies, including extrac-
16 tion and testing kits, reagents, transport media,
17 swabs, instruments, analysis equipment, per-
18 sonal protective equipment if necessary for test-
19 ing (including point-of-care testing), and other
20 equipment;
21 (C) allocation of testing materials and sup-
22 plies in a manner that optimizes public health,
23 including by considering the variable impact of
24 SARS–CoV–2 on specific States, territories, In-
25 dian Tribes, Tribal organizations, urban Indian
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1 organizations, communities, industries, and pro-
2 fessions;
3 (D) sufficient evidence of validation for tests
4 that are deployed as a part of such strategy;
5 (E) sufficient laboratory and analytical ca-
6 pacity, including target turnaround time for test
7 results;
8 (F) sufficient personnel, including personnel
9 to collect testing samples, conduct and analyze
10 results, and conduct testing follow-up, including
11 contact tracing, as appropriate; and
12 (G) enforcement of the Families First
13 Coronavirus Response Act (Public Law 116–127)
14 to ensure patients who are tested are not subject
15 to cost sharing;
16 (3) specific plans to ensure adequate testing in
17 rural areas, frontier areas, health professional short-
18 age areas, and medically underserved areas (as de-
19 fined in section 330I(a) of the Public Health Service
20 Act (42 U.S.C. 254c–14(a))), and for underserved
21 populations, Native Americans (including Indian
22 Tribes, Tribal organizations, and urban Indian orga-
23 nizations), and populations at increased risk related
24 to COVID–19;
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1 (4) specific plans to ensure accessibility of test-
2 ing to people with disabilities, older individuals, and
3 individuals with underlying health conditions or
4 weakened immune systems; and
5 (5) specific plans for broadly developing and im-
6 plementing testing for potential immunity in the
7 United States, as appropriate, in a manner suffi-
8 cient—
9 (A) to monitor and contribute to the control
10 of SARS–CoV–2 in the United States;
11 (B) to ensure that any reduction in social
12 distancing efforts, when determined appropriate
13 by public health officials, can be undertaken in
14 a manner that optimizes the health and safety of
15 the people of the United States; and
16 (C) to reduce disparities (including dispari-
17 ties related to race, ethnicity, sex, age, disability
18 status, socioeconomic status, and geographic lo-
19 cation) in the prevalence of, incidence of, and
20 health outcomes with respect to, COVID–19.
21 (b) COORDINATION.—The Secretary shall carry out
22 this section—
23 (1) in coordination with the Administrator of
24 the Federal Emergency Management Agency;
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1 (2) in collaboration with other agencies and de-
2 partments, as appropriate; and
3 (3) taking into consideration the State plans for
4 COVID–19 testing prepared as required under the
5 heading ‘‘Department of Health and Human Serv-
6 ices—Office of the Secretary—Public Health and So-
7 cial Service Emergency Fund’’ in title I of division
8 B of the Paycheck Protection Program and Health
9 Care Enhancement Act (Public Law 116–139; 134
10 Stat. 620, 624).
11 (c) UPDATES.—
12 (1) FREQUENCY.—The updated national plan
13 under subsection (a) shall be updated every 30 days
14 until the end of the public health emergency first de-
15 clared by the Secretary under section 319 of the Pub-
16 lic Health Service Act (42 U.S.C. 247d) on January
17 31, 2020, with respect to COVID–19.
18 (2) RELATION TO OTHER LAW.—Paragraph (1)
19 applies in lieu of the requirement (for updates every
20 90 days until funds are expended) in the second to
21 last proviso under the heading ‘‘Department of Health
22 and Human Services—Office of the Secretary—Pub-
23 lic Health and Social Service Emergency Fund’’ in
24 title I of division B of the Paycheck Protection Pro-
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1 gram and Health Care Enhancement Act (Public
2 Law 116–139; 134 Stat. 620, 627).
3 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In
4 this section, the term ‘‘appropriate congressional commit-
5 tees’’ means—
6 (1) the Committee on Appropriations and the
7 Committee on Energy and Commerce of the House of
8 Representatives; and
9 (2) the Committee on Appropriations and the
10 Committee on Health, Education, Labor and Pen-
11 sions and of the Senate.
12 SEC. 542. CENTRALIZED TESTING INFORMATION WEBSITE.
13 The Secretary shall establish and maintain a public,
14 searchable webpage, to be updated and corrected as nec-
15 essary through a process established by the Secretary, on
16 the website of the Department of Health and Human Serv-
17 ices that—
18 (1) identifies all in vitro diagnostic and sero-
19 logical tests used in the United States to analyze clin-
20 ical specimens for detection of SARS–CoV–2 or anti-
21 bodies specific to SARS–CoV–2, including—
22 (A) those tests—
23 (i) that are approved, cleared, or au-
24 thorized under section 510(k), 513, 515, or
25 564 of the Federal Food, Drug, and Cos-
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1 metic Act (21 U.S.C. 360(k), 360c, 360e,
2 360bbb–3);
3 (ii) that have been validated by the
4 test’s developers for use on clinical speci-
5 mens and for which the developer has noti-
6 fied the Food and Drug Administration of
7 the developer’s intent to market the test con-
8 sistent with applicable guidance issued by
9 the Secretary; or
10 (iii) that have been developed and au-
11 thorized by a State that has notified the
12 Secretary of the State’s intention to review
13 tests intended to diagnose COVID–19; and
14 (B) other SARS–CoV–2-related tests that
15 the Secretary determines appropriate in guid-
16 ance, which may include tests related to the
17 monitoring of COVID–19 patient status;
18 (2) provides relevant information, as determined
19 by the Secretary, on each test identified pursuant to
20 paragraph (1), which may include—
21 (A) the name and contact information of
22 the developer of the test;
23 (B) the date of receipt of notification by the
24 Food and Drug Administration of the developer’s
25 intent to market the test;
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1 (C) the date of authorization for use of the
2 test on clinical specimens, where applicable;
3 (D) the letter of authorization for use of the
4 test on clinical specimens, where applicable;
5 (E) any fact sheets, manufacturer instruc-
6 tions, and package inserts for the test, including
7 information on intended use;
8 (F) sensitivity and specificity of the test;
9 and
10 (G) in the case of tests distributed by com-
11 mercial manufacturers, the number of tests dis-
12 tributed and, if available, the number of labora-
13 tories in the United States with the required
14 platforms installed to perform the test; and
15 (3) includes—
16 (A) a list of laboratories certified under sec-
17 tion 353 of the Public Health Service Act (42
18 U.S.C. 263a; commonly referred to as ‘‘CLIA’’)
19 that—
20 (i) meet the regulatory requirements
21 under such section to perform high- or mod-
22 erate-complexity testing; and
23 (ii) are authorized to perform SARS–
24 CoV–2 diagnostic or serological tests on
25 clinical specimens; and
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1 (B) information on each laboratory identi-
2 fied pursuant to subparagraph (A), including—
3 (i) the name and address of the labora-
4 tory;
5 (ii) the CLIA certificate number;
6 (iii) the laboratory type;
7 (iv) the certificate type; and
8 (v) the complexity level.
9 SEC. 543. MANUFACTURER REPORTING OF TEST DISTRIBU-
10 TION.
11 (a) IN GENERAL.—A commercial manufacturer of an
12 in vitro diagnostic or serological COVID–19 test shall, on
13 a weekly basis, submit a notification to the Secretary re-
14 garding distribution of each such test, which notification—
15 (1) shall include the number of tests distributed
16 and the entities to which the tests are distributed; and
17 (2) may include the quantity of such tests dis-
18 tributed by the manufacturer.
19 (b) CONFIDENTIALITY.—Nothing in this section shall
20 be construed as authorizing the Secretary to disclose any
21 information that is a trade secret or confidential informa-
22 tion subject to section 552(b)(4) of title 5, United States
23 Code, or section 1905 of title 18, United States Code.
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1 (c) FAILURE TO MEET REQUIREMENTS.—If a manu-
2 facturer fails to submit a notification as required under
3 subsection (a), the following applies:
4 (1) The Secretary shall issue a letter to such
5 manufacturer informing such manufacturer of such
6 failure.
7 (2) Not later than 7 calendar days after the
8 issuance of a letter under paragraph (1), the manu-
9 facturer to whom such letter is issued shall submit to
10 the Secretary a written response to such letter—
11 (A) setting forth the basis for noncompli-
12 ance; and
13 (B) providing information as required
14 under subsection (a).
15 (3) Not later than 14 calendar days after the
16 issuance of a letter under paragraph (1), the Sec-
17 retary shall make such letter and any response to
18 such letter under paragraph (2) available to the pub-
19 lic on the internet website of the Food and Drug Ad-
20 ministration, with appropriate redactions made to
21 protect information described in subsection (b). The
22 preceding sentence shall not apply if the Secretary de-
23 termines that—
24 (A) the letter under paragraph (1) was
25 issued in error; or
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1 (B) after review of such response, the manu-
2 facturer had a reasonable basis for not notifying
3 as required under subsection (a).
4 SEC. 544. STATE TESTING REPORT.
5 For any State that authorizes (or intends to authorize)
6 one or more laboratories in the State to develop and perform
7 in vitro diagnostic COVID–19 tests, the head of the depart-
8 ment or agency of such State with primary responsibility
9 for health shall—
10 (1) notify the Secretary of such authorization (or
11 intention to authorize); and
12 (2) provide the Secretary with a weekly report—
13 (A) identifying all laboratories authorized
14 (or intended to be authorized) by the State to de-
15 velop and perform in vitro diagnostic COVID–
16 19 tests;
17 (B) including relevant information on all
18 laboratories identified pursuant to subparagraph
19 (A), which may include information on labora-
20 tory testing capacity;
21 (C) identifying all in vitro diagnostic
22 COVID–19 tests developed and approved for clin-
23 ical use in laboratories identified pursuant to
24 subparagraph (A); and
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1 (D) including relevant information on all
2 tests identified pursuant to subparagraph (C),
3 which may include—
4 (i) the name and contact information
5 of the developer of any such test;
6 (ii) any fact sheets, manufacturer in-
7 structions, and package inserts for any such
8 test, including information on intended use;
9 and
10 (iii) the sensitivity and specificity of
11 any such test.
12 SEC. 545. STATE LISTING OF TESTING SITES.
13 Not later than 14 days after the date of enactment of
14 this Act, any State receiving funding or assistance under
15 this Act, as a condition on such receipt, shall establish and
16 maintain a public, searchable webpage on the official
17 website of the State that—
18 (1) identifies all sites located in the State that
19 provide diagnostic or serological testing for SARS–
20 CoV–2; and
21 (2) provides appropriate contact information for
22 SARS–CoV–2 testing sites pursuant to paragraph
23 (1).
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1 SEC. 546. REPORTING OF COVID–19 TESTING RESULTS.
2 (a) IN GENERAL.—Every laboratory that performs or
3 analyzes a test that is intended to detect SARS–CoV–2 or
4 to diagnose a possible case of COVID–19 shall report daily
5 the number of tests performed and the results from each such
6 test to the Secretary of Health and Human Services and
7 to the Secretary of Homeland Security, in such form and
8 manner as such Secretaries may prescribe. Such informa-
9 tion shall be made available to the public in a searchable,
10 electronic format as soon as is practicable, and in no case
11 later than one week after such information is received.
12 (b) ADDITIONAL REPORTING REQUIREMENTS.—The
13 Secretaries specified in subsection (a)—
14 (1) may specify additional reporting require-
15 ments under this section by regulation, including by
16 interim final rule, or by guidance; and
17 (2) may issue such regulations or guidance with-
18 out regard to the procedures otherwise required by
19 section 553 of title 5, United States Code.
20 SEC. 547. GAO REPORT ON DIAGNOSTIC TESTS.
21 (a) GAO STUDY.—Not later than 18 months after the
22 date of enactment of this Act, the Comptroller General of
23 the United States shall submit to the Committee on Energy
24 and Commerce of the House of Representatives and the
25 Committee on Health, Education, Labor and Pensions of
26 the Senate a report describing the response of entities de-
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1 scribed in subsection (b) to the COVID–19 pandemic with
2 respect to the development, regulatory evaluation, and de-
3 ployment of diagnostic tests.
4 (b) ENTITIES DESCRIBED.—Entities described in this
5 subsection include—
6 (1) laboratories, including public health, aca-
7 demic, clinical, and commercial laboratories;
8 (2) diagnostic test manufacturers;
9 (3) State, local, Tribal, and territorial govern-
10 ments; and
11 (4) the Food and Drug Administration, the Cen-
12 ters for Disease Control and Prevention, the Centers
13 for Medicare & Medicaid Services, the National Insti-
14 tutes of Health, and other relevant Federal agencies,
15 as appropriate.
16 (c) CONTENTS.—The report under subsection (a) shall
17 include—
18 (1) a description of actions taken by entities de-
19 scribed in subsection (b) to develop, evaluate, and de-
20 ploy diagnostic tests;
21 (2) an assessment of the coordination of Federal
22 agencies in the development, regulatory evaluation,
23 and deployment of diagnostic tests;
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1 (3) an assessment of the standards used by the
2 Food and Drug Administration to evaluate diagnostic
3 tests;
4 (4) an assessment of the clarity of Federal agen-
5 cy guidance related to testing, including the ability
6 for individuals without medical training to under-
7 stand which diagnostic tests had been evaluated by
8 the Food and Drug Administration;
9 (5) a description of—
10 (A) actions taken and clinical processes em-
11 ployed by States and territories that have au-
12 thorized laboratories to develop and perform di-
13 agnostic tests not authorized, approved, or
14 cleared by the Food and Drug Administration,
15 including actions of such States and territories
16 to evaluate the accuracy and sensitivity of such
17 tests; and
18 (B) the standards used by States and terri-
19 tories when deciding when to authorize labora-
20 tories to develop or perform diagnostic tests;
21 (6) an assessment of the steps taken by labora-
22 tories and diagnostic test manufacturers to validate
23 diagnostic tests, as well as the evidence collected by
24 such entities to support validation; and
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1 (7) based on available reports, an assessment of
2 the accuracy and sensitivity of a representative sam-
3 ple of available diagnostic tests.
4 (d) DEFINITION.—In this section, the term ‘‘diagnostic
5 test’’ means an in vitro diagnostic product (as defined in
6 section 809.3(a) of title 21, Code of Federal Regulations)
7 for—
8 (1) the detection of SARS–CoV–2;
9 (2) the diagnosis of the virus that causes
10 COVID–19; or
11 (3) the detection of antibodies specific to SARS–
12 CoV–2, such as a serological test.
13 SEC. 548. PUBLIC HEALTH DATA SYSTEM TRANS-
14 FORMATION.
15 Subtitle C of title XXVIII of the Public Health Service
16 Act (42 U.S.C. 300hh–31 et seq.) is amended by adding at
17 the end the following:
18 ‘‘SEC. 2823. PUBLIC HEALTH DATA SYSTEM TRANS-
19 FORMATION.
20 ‘‘(a) EXPANDING CDC AND PUBLIC HEALTH DEPART-
21 MENT CAPABILITIES.—
22 ‘‘(1) IN GENERAL.—The Secretary, acting
23 through the Director of the Centers for Disease Con-
24 trol and Prevention, shall—
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1 ‘‘(A) conduct activities to expand, enhance,
2 and improve applicable public health data sys-
3 tems used by the Centers for Disease Control and
4 Prevention, related to the interoperability and
5 improvement of such systems (including as it re-
6 lates to preparedness for, prevention and detec-
7 tion of, and response to public health emer-
8 gencies); and
9 ‘‘(B) award grants or cooperative agree-
10 ments to State, local, Tribal, or territorial public
11 health departments for the expansion and mod-
12 ernization of public health data systems, to assist
13 public health departments in—
14 ‘‘(i) assessing current data infrastruc-
15 ture capabilities and gaps to improve and
16 increase consistency in data collection, stor-
17 age, and analysis and, as appropriate, to
18 improve dissemination of public health-re-
19 lated information;
20 ‘‘(ii) improving secure public health
21 data collection, transmission, exchange,
22 maintenance, and analysis;
23 ‘‘(iii) improving the secure exchange of
24 data between the Centers for Disease Con-
25 trol and Prevention, State, local, Tribal,
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1 and territorial public health departments,
2 public health organizations, and health care
3 providers, including by public health offi-
4 cials in multiple jurisdictions within such
5 State, as appropriate, and by simplifying
6 and supporting reporting by health care
7 providers, as applicable, pursuant to State
8 law, including through the use of health in-
9 formation technology;
10 ‘‘(iv) enhancing the interoperability of
11 public health data systems (including sys-
12 tems created or accessed by public health de-
13 partments) with health information tech-
14 nology, including with health information
15 technology certified under section
16 3001(c)(5);
17 ‘‘(v) supporting and training data sys-
18 tems, data science, and informatics per-
19 sonnel;
20 ‘‘(vi) supporting earlier disease and
21 health condition detection, such as through
22 near real-time data monitoring, to support
23 rapid public health responses;
24 ‘‘(vii) supporting activities within the
25 applicable jurisdiction related to the expan-
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1 sion and modernization of electronic case
2 reporting; and
3 ‘‘(viii) developing and disseminating
4 information related to the use and impor-
5 tance of public health data.
6 ‘‘(2) DATA STANDARDS.—In carrying out para-
7 graph (1), the Secretary, acting through the Director
8 of the Centers for Disease Control and Prevention,
9 shall, as appropriate and in consultation with the Of-
10 fice of the National Coordinator for Health Informa-
11 tion Technology, designate data and technology stand-
12 ards (including standards for interoperability) for
13 public health data systems, with deference given to
14 standards published by consensus-based standards de-
15 velopment organizations with public input and vol-
16 untary consensus-based standards bodies.
17 ‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec-
18 retary may develop and utilize public-private part-
19 nerships for technical assistance, training, and re-
20 lated implementation support for State, local, Tribal,
21 and territorial public health departments, and the
22 Centers for Disease Control and Prevention, on the
23 expansion and modernization of electronic case re-
24 porting and public health data systems, as applicable.
25 ‘‘(b) REQUIREMENTS.—
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1 ‘‘(1) HEALTH INFORMATION TECHNOLOGY
2 STANDARDS.—The Secretary may not award a grant
3 or cooperative agreement under subsection (a)(1)(B)
4 unless the applicant uses or agrees to use standards
5 endorsed by the National Coordinator for Health In-
6 formation Technology pursuant to section 3001(c)(1)
7 or adopted by the Secretary under section 3004.
8 ‘‘(2) WAIVER.—The Secretary may waive the re-
9 quirement under paragraph (1) with respect to an
10 applicant if the Secretary determines that the activi-
11 ties under subsection (a)(1)(B) cannot otherwise be
12 carried out within the applicable jurisdiction.
13 ‘‘(3) APPLICATION.—A State, local, Tribal, or
14 territorial health department applying for a grant or
15 cooperative agreement under this section shall submit
16 an application to the Secretary at such time and in
17 such manner as the Secretary may require. Such ap-
18 plication shall include information describing—
19 ‘‘(A) the activities that will be supported by
20 the grant or cooperative agreement; and
21 ‘‘(B) how the modernization of the public
22 health data systems involved will support or im-
23 pact the public health infrastructure of the health
24 department, including a description of remain-
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1 ing gaps, if any, and the actions needed to ad-
2 dress such gaps.
3 ‘‘(c) STRATEGY AND IMPLEMENTATION PLAN.—Not
4 later than 180 days after the date of enactment of this sec-
5 tion, the Secretary, acting through the Director of the Cen-
6 ters for Disease Control and Prevention, shall submit to the
7 Committee on Health, Education, Labor and Pensions of
8 the Senate and the Committee on Energy and Commerce
9 of the House of Representatives a coordinated strategy and
10 an accompanying implementation plan that identifies and
11 demonstrates the measures the Secretary will utilize to—
12 ‘‘(1) update and improve applicable public
13 health data systems used by the Centers for Disease
14 Control and Prevention; and
15 ‘‘(2) carry out the activities described in this sec-
16 tion to support the improvement of State, local, Trib-
17 al, and territorial public health data systems.
18 ‘‘(d) CONSULTATION.—The Secretary, acting through
19 the Director of the Centers for Disease Control and Preven-
20 tion, shall consult with State, local, Tribal, and territorial
21 health departments, professional medical and public health
22 associations, associations representing hospitals or other
23 health care entities, health information technology experts,
24 and other appropriate public or private entities regarding
25 the plan and grant program to modernize public health
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1 data systems pursuant to this section. Activities under this
2 subsection may include the provision of technical assistance
3 and training related to the exchange of information by such
4 public health data systems used by relevant health care and
5 public health entities at the local, State, Federal, Tribal,
6 and territorial levels, and the development and utilization
7 of public-private partnerships for implementation support
8 applicable to this section.
9 ‘‘(e) REPORT TO CONGRESS.—Not later than 1 year
10 after the date of enactment of this section, the Secretary
11 shall submit a report to the Committee on Health, Edu-
12 cation, Labor and Pensions of the Senate and the Com-
13 mittee on Energy and Commerce of the House of Represent-
14 atives that includes—
15 ‘‘(1) a description of any barriers to—
16 ‘‘(A) public health authorities implementing
17 interoperable public health data systems and
18 electronic case reporting;
19 ‘‘(B) the exchange of information pursuant
20 to electronic case reporting; or
21 ‘‘(C) reporting by health care providers
22 using such public health data systems, as appro-
23 priate, and pursuant to State law;
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1 ‘‘(2) an assessment of the potential public health
2 impact of implementing electronic case reporting and
3 interoperable public health data systems; and
4 ‘‘(3) a description of the activities carried out
5 pursuant to this section.
6 ‘‘(f) ELECTRONIC CASE REPORTING.—In this section,
7 the term ‘electronic case reporting’ means the automated
8 identification, generation, and bilateral exchange of reports
9 of health events among electronic health record or health
10 information technology systems and public health authori-
11 ties.
12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To carry
13 out this section, there are authorized to be appropriated
14 $450,000,000 to remain available until expended.’’.
15 SEC. 549. PILOT PROGRAM TO IMPROVE LABORATORY IN-
16 FRASTRUCTURE.
17 (a) IN GENERAL.—The Secretary shall award grants
18 to States and political subdivisions of States to support the
19 improvement, renovation, or modernization of infrastruc-
20 ture at clinical laboratories (as defined in section 353 of
21 the Public Health Service Act (42 U.S.C. 263a)) that will
22 help to improve SARS–CoV–2 and COVID–19 testing and
23 response activities, including the expansion and enhance-
24 ment of testing capacity at such laboratories.
•HR 925 EAH
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry
2 out this section, there is authorized to be appropriated
3 $1,000,000,000 to remain available until expended.
4 SEC. 550. CORE PUBLIC HEALTH INFRASTRUCTURE FOR
5 STATE, LOCAL, TRIBAL, AND TERRITORIAL
6 HEALTH DEPARTMENTS.
7 (a) PROGRAM.—The Secretary, acting through the Di-
8 rector of the Centers for Disease Control and Prevention,
9 shall establish a core public health infrastructure program
10 consisting of awarding grants under subsection (b).
11 (b) GRANTS.—
12 (1) AWARD.—For the purpose of addressing core
13 public health infrastructure needs, the Secretary—
14 (A) shall award a grant to each State
15 health department; and
16 (B) may award grants on a competitive
17 basis to State, local, Tribal, or territorial health
18 departments.
19 (2) ALLOCATION.—Of the total amount of funds
20 awarded as grants under this subsection for a fiscal
21 year—
22 (A) not less than 50 percent shall be for
23 grants to State health departments under para-
24 graph (1)(A); and
•HR 925 EAH
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1 (B) not less than 30 percent shall be for
2 grants to State, local, Tribal, or territorial
3 health departments under paragraph (1)(B).
4 (c) USE OF FUNDS.—A State, local, Tribal, or terri-
5 torial health department receiving a grant under subsection
6 (b) shall use the grant funds to address core public health
7 infrastructure needs, including those identified in the ac-
8 creditation process under subsection (g).
9 (d) FORMULA GRANTS TO STATE HEALTH DEPART-
10 MENTS.—In making grants under subsection (b)(1)(A), the
11 Secretary shall award funds to each State health depart-
12 ment in accordance with—
13 (1) a formula based on population size; burden
14 of preventable disease and disability; and core public
15 health infrastructure gaps, including those identified
16 in the accreditation process under subsection (g); and
17 (2) application requirements established by the
18 Secretary, including a requirement that the State
19 health department submit a plan that demonstrates to
20 the satisfaction of the Secretary that the State’s health
21 department will—
22 (A) address its highest priority core public
23 health infrastructure needs; and
24 (B) as appropriate, allocate funds to local
25 health departments within the State.
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1 (e) COMPETITIVE GRANTS TO STATE, LOCAL, TRIBAL,
2 AND TERRITORIAL HEALTH DEPARTMENTS.—In making
3 grants under subsection (b)(1)(B), the Secretary shall give
4 priority to applicants demonstrating core public health in-
5 frastructure needs identified in the accreditation process
6 under subsection (g).
7 (f) MAINTENANCE OF EFFORT.—The Secretary may
8 award a grant to an entity under subsection (b) only if
9 the entity demonstrates to the satisfaction of the Secretary
10 that—
11 (1) funds received through the grant will be ex-
12 pended only to supplement, and not supplant, non-
13 Federal and Federal funds otherwise available to the
14 entity for the purpose of addressing core public health
15 infrastructure needs; and
16 (2) with respect to activities for which the grant
17 is awarded, the entity will maintain expenditures of
18 non-Federal amounts for such activities at a level not
19 less than the level of such expenditures maintained by
20 the entity for the fiscal year preceding the fiscal year
21 for which the entity receives the grant.
22 (g) ESTABLISHMENT OF A PUBLIC HEALTH ACCREDI-
23 TATION PROGRAM.—
24 (1) IN GENERAL.—The Secretary shall—
•HR 925 EAH
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1 (A) develop, and periodically review and
2 update, standards for voluntary accreditation of
3 State, local, Tribal, and territorial health de-
4 partments and public health laboratories for the
5 purpose of advancing the quality and perform-
6 ance of such departments and laboratories; and
7 (B) implement a program to accredit such
8 health departments and laboratories in accord-
9 ance with such standards.
10 (2) COOPERATIVE AGREEMENT.—The Secretary
11 may enter into a cooperative agreement with a pri-
12 vate nonprofit entity to carry out paragraph (1).
13 (h) REPORT.—The Secretary shall submit to the Con-
14 gress an annual report on progress being made to accredit
15 entities under subsection (g), including—
16 (1) a strategy, including goals and objectives, for
17 accrediting entities under subsection (g) and achiev-
18 ing the purpose described in subsection (g)(1)(A);
19 (2) identification of gaps in research related to
20 core public health infrastructure; and
21 (3) recommendations of priority areas for such
22 research.
23 (i) DEFINITION.—In this section, the term ‘‘core public
24 health infrastructure’’ includes—
25 (1) workforce capacity and competency;
•HR 925 EAH
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1 (2) laboratory systems;
2 (3) testing capacity, including test platforms,
3 mobile testing units, and personnel;
4 (4) health information, health information sys-
5 tems, and health information analysis;
6 (5) disease surveillance;
7 (6) contact tracing;
8 (7) communications;
9 (8) financing;
10 (9) other relevant components of organizational
11 capacity; and
12 (10) other related activities.
13 (j) AUTHORIZATION OF APPROPRIATIONS.—To carry
14 out this section, there are authorized to be appropriated
15 $6,000,000,000, to remain available until expended.
16 SEC. 551. CORE PUBLIC HEALTH INFRASTRUCTURE AND AC-
17 TIVITIES FOR CDC.
18 (a) IN GENERAL.—The Secretary, acting through the
19 Director of the Centers for Disease Control and Prevention,
20 shall expand and improve the core public health infrastruc-
21 ture and activities of the Centers for Disease Control and
22 Prevention to address unmet and emerging public health
23 needs.
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1 (b) REPORT.—The Secretary shall submit to the Con-
2 gress an annual report on the activities funded through this
3 section.
4 (c) DEFINITION.—In this section, the term ‘‘core public
5 health infrastructure’’ has the meaning given to such term
6 in section 550.
7 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry
8 out this section, there is authorized to be appropriated
9 $1,000,000,000, to remain available until expended.
10 Subtitle D—COVID–19 National
11 Testing and Contact Tracing
12 Initiative
13 SEC. 561. NATIONAL SYSTEM FOR COVID–19 TESTING, CON-
14 TACT TRACING, SURVEILLANCE, CONTAIN-
15 MENT, AND MITIGATION.
16 (a) IN GENERAL.—The Secretary, acting through the
17 Director of the Centers for Disease Control and Prevention,
18 and in coordination with State, local, Tribal, and terri-
19 torial health departments, shall establish and implement a
20 nationwide evidence-based system for—
21 (1) testing, contact tracing, surveillance, con-
22 tainment, and mitigation with respect to COVID–19;
23 (2) offering guidance on voluntary isolation and
24 quarantine of individuals infected with, or exposed to
•HR 925 EAH
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1 individuals infected with, the virus that causes
2 COVID–19; and
3 (3) public reporting on testing, contact tracing,
4 surveillance, and voluntary isolation and quarantine
5 activities with respect to COVID–19.
6 (b) COORDINATION; TECHNICAL ASSISTANCE.—In car-
7 rying out the national system under this section, the Sec-
8 retary shall—
9 (1) coordinate State, local, Tribal, and terri-
10 torial activities related to testing, contact tracing,
11 surveillance, containment, and mitigation with re-
12 spect to COVID–19, as appropriate; and
13 (2) provide technical assistance for such activi-
14 ties, as appropriate.
15 (c) CONSIDERATION.—In establishing and imple-
16 menting the national system under this section, the Sec-
17 retary shall take into consideration—
18 (1) the State plans referred to in the heading
19 ‘‘Public Health and Social Services Emergency
20 Fund’’ in title I of division B of the Paycheck Protec-
21 tion Program and Health Care Enhancement Act
22 (Public Law 116–139); and
23 (2) the testing strategy submitted under section
24 541.
25 (d) REPORTING.—The Secretary shall—
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1 (1) not later than one month after the date of the
2 enactment of this Act, submit to the Committee on
3 Energy and Commerce of the House of Representa-
4 tives and the Committee on Health, Education, Labor
5 and Pensions a preliminary report on the effective-
6 ness of the activities carried out pursuant to this sub-
7 title; and
8 (2) not later than three months after the end of
9 the public health emergency declared pursuant to sec-
10 tion 319 of the Public Health Service Act (42 U.S.C.
11 247d) with respect to COVID–19, submit to such com-
12 mittees a final report on such effectiveness.
13 SEC. 562. GRANTS.
14 (a) IN GENERAL.—To implement the national system
15 under section 561, the Secretary, acting through the Direc-
16 tor of the Centers for Disease Control and Prevention, shall,
17 subject to the availability of appropriations, award grants
18 to State, local, Tribal, and territorial health departments
19 that seek grants under this section to carry out coordinated
20 testing, contact tracing, surveillance, containment, and
21 mitigation with respect to COVID–19, including—
22 (1) diagnostic and surveillance testing and re-
23 porting;
24 (2) community-based contact tracing efforts; and
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1 (3) policies related to voluntary isolation and
2 quarantine of individuals infected with, or exposed to
3 individuals infected with, the virus that causes
4 COVID–19.
5 (b) FLEXIBILITY.—The Secretary shall ensure that—
6 (1) the grants under subsection (a) provide flexi-
7 bility for State, local, Tribal, and territorial health
8 departments to modify, establish, or maintain evi-
9 dence-based systems; and
10 (2) local health departments receive funding from
11 State health departments or directly from the Centers
12 for Disease Control and Prevention to contribute to
13 such systems, as appropriate.
14 (c) ALLOCATIONS.—
15 (1) FORMULA.—The Secretary, acting through
16 the Director of the Centers for Disease Control and
17 Prevention, shall allocate amounts made available
18 pursuant to subsection (a) in accordance with a for-
19 mula to be established by the Secretary that provides
20 a minimum level of funding to each State, local,
21 Tribal, and territorial health department that seeks a
22 grant under this section and allocates additional
23 funding based on the following prioritization:
24 (A) The Secretary shall give highest priority
25 to applicants proposing to serve populations in
•HR 925 EAH
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1 one or more geographic regions with a high bur-
2 den of COVID–19 based on data provided by the
3 Centers for Disease Control and Prevention, or
4 other sources as determined by the Secretary.
5 (B) The Secretary shall give second highest
6 priority to applicants preparing for, or cur-
7 rently working to mitigate, a COVID–19 surge
8 in a geographic region that does not yet have a
9 high number of reported cases of COVID–19
10 based on data provided by the Centers for Dis-
11 ease Control and Prevention, or other sources as
12 determined by the Secretary.
13 (C) The Secretary shall give third highest
14 priority to applicants proposing to serve high
15 numbers of low-income and uninsured popu-
16 lations, including medically underserved popu-
17 lations (as defined in section 330(b)(3) of the
18 Public Health Service Act (42 U.S.C.
19 254b(b)(3))), health professional shortage areas
20 (as defined under section 332(a) of the Public
21 Health Service Act (42 U.S.C. 254e(a))), racial
22 and ethnic minorities, or geographically diverse
23 areas, as determined by the Secretary.
24 (2) NOTIFICATION.—Not later than the date that
25 is one week before first awarding grants under this
•HR 925 EAH
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1 section, the Secretary shall submit to the Committee
2 on Energy and Commerce of the House of Representa-
3 tives and the Committee on Health, Education, Labor
4 and Pensions of the Senate a notification detailing
5 the formula established under paragraph (1) for allo-
6 cating amounts made available pursuant to sub-
7 section (a).
8 (d) USE OF FUNDS.—A State, local, Tribal, and terri-
9 torial health department receiving a grant under this sec-
10 tion shall, to the extent possible, use the grant funds for
11 the following activities, or other activities deemed appro-
12 priate by the Director of the Centers for Disease Control
13 and Prevention:
14 (1) TESTING.—To implement a coordinated test-
15 ing system that—
16 (A) leverages or modernizes existing testing
17 infrastructure and capacity;
18 (B) is consistent with the updated testing
19 strategy required under section 541;
20 (C) is coordinated with the State plan for
21 COVID–19 testing prepared as required under
22 the heading ‘‘Department of Health and Human
23 Services—Office of the Secretary—Public Health
24 and Social Service Emergency Fund’’ in title I
25 of division B of the Paycheck Protection Pro-
•HR 925 EAH
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1 gram and Health Care Enhancement Act (Public
2 Law 116–139; 134 Stat. 620, 624);
3 (D) is informed by contact tracing and sur-
4 veillance activities under this subtitle;
5 (E) is informed by guidelines established by
6 the Centers for Disease Control and Prevention
7 for which populations should be tested;
8 (F) identifies how diagnostic and serological
9 tests in such system shall be validated prior to
10 use;
11 (G) identifies how diagnostic and sero-
12 logical tests and testing supplies will be distrib-
13 uted to implement such system;
14 (H) identifies specific strategies for ensur-
15 ing testing capabilities and accessibility in ra-
16 cial and ethnic minority populations;
17 (I) identifies specific strategies for ensuring
18 testing capabilities and accessibility in medi-
19 cally underserved populations (as defined in sec-
20 tion 330(b)(3) of the Public Health Service Act
21 (42 U.S.C. 254b(b)(3))), health professional
22 shortage areas (as defined under section 332(a)
23 of the Public Health Service Act (42 U.S.C.
24 254e(a))), and geographically diverse areas, as
25 determined by the Secretary;
•HR 925 EAH
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1 (J) identifies how testing may be used, and
2 results may be reported, in both health care set-
3 tings (such as hospitals, laboratories for mod-
4 erate or high-complexity testing, pharmacies,
5 mobile testing units, and community health cen-
6 ters) and non-health care settings (such as work-
7 places, schools, childcare centers, or drive-
8 throughs);
9 (K) allows for testing in sentinel surveil-
10 lance programs, as appropriate; and
11 (L) supports the procurement and distribu-
12 tion of diagnostic and serological tests and test-
13 ing supplies to meet the goals of the system.
14 (2) CONTACT TRACING.—To implement a coordi-
15 nated contact tracing system that—
16 (A) leverages or modernizes existing contact
17 tracing systems and capabilities, including com-
18 munity health workers, health departments, and
19 Federally qualified health centers;
20 (B) is able to investigate cases of COVID–
21 19, and help to identify other potential cases of
22 COVID–19, through tracing contacts of individ-
23 uals with positive diagnoses;
24 (C) establishes culturally competent and
25 multilingual strategies for contact tracing, ad-
•HR 925 EAH
1226
1 dressing the specific needs of racial and ethnic
2 minority populations, which may include con-
3 sultation with and support from faith-based,
4 nonprofit, cultural or civic organizations with
5 established ties to the community;
6 (D) establishes culturally competent and
7 multilingual strategies for contact tracing, ad-
8 dressing the specific needs of medically under-
9 served populations (as defined in section
10 330(b)(3) of the Public Health Service Act (42
11 U.S.C. 254b(b)(3))), health professional shortage
12 areas (as defined under section 332(a) of the
13 Public Health Service Act(42 U.S.C. 2324
14 254e(a)));
15 (E) provides individuals identified under
16 the contact tracing program with information
17 and support for containment or mitigation;
18 (F) enables State, local, Tribal, and terri-
19 torial health departments to work with a non-
20 governmental, community partner or partners
21 and State and local workforce development sys-
22 tems (as defined in section 3(67) of Workforce
23 Innovation and Opportunity Act (29 U.S.C.
24 3102(67))) receiving grants under section 566(b)
25 of this Act to hire and compensate a locally-
•HR 925 EAH
1227
1 sourced contact tracing workforce, if necessary,
2 to supplement the public health workforce, to—
3 (i) identify the number of contact trac-
4 ers needed for the respective State, locality,
5 territorial, or Tribal health department to
6 identify all cases of COVID–19 currently in
7 the jurisdiction and those anticipated to
8 emerge over the next 18 months in such ju-
9 risdiction;
10 (ii) outline qualifications necessary for
11 contact tracers;
12 (iii) train the existing and newly hired
13 public health workforce on best practices re-
14 lated to tracing close contacts of individuals
15 diagnosed with COVID–19, including the
16 protection of individual privacy and cyber-
17 security protection; and
18 (iv) equip the public health workforce
19 with tools and resources to enable a rapid
20 response to new cases;
21 (G) identifies the level of contact tracing
22 needed within the State, locality, territory, or
23 Tribal area to contain and mitigate the trans-
24 mission of COVID–19; and
•HR 925 EAH
1228
1 (H) establishes statewide mechanisms to in-
2 tegrate regular evaluation to the Centers for Dis-
3 ease Control and Prevention regarding contact
4 tracing efforts, makes such evaluation publicly
5 available, and to the extent possible provides for
6 such evaluation at the county level.
7 (3) SURVEILLANCE.—To strengthen the existing
8 public health surveillance system that—
9 (A) leverages or modernizes existing surveil-
10 lance systems within the respective State, local,
11 Tribal, or territorial health department and na-
12 tional surveillance systems;
13 (B) detects and identifies trends in COVID–
14 19 at the county level;
15 (C) evaluates State, local, Tribal, and terri-
16 torial health departments in achieving surveil-
17 lance capabilities with respect to COVID–19;
18 (D) integrates and improves disease surveil-
19 lance and immunization tracking;
20 (E) identifies specific strategies for ensuring
21 disease surveillance in racial and ethnic minor-
22 ity populations; and
23 (F) identifies specific strategies for ensuring
24 disease surveillance in medically underserved
25 populations (as defined in section 330(b)(3) of
•HR 925 EAH
1229
1 the Public Health Service Act (42 U.S.C.
2 254b(b)(3))), health professional shortage areas
3 (as defined under section 332(a) of the Public
4 Health Service Act (42 U.S.C. 254e(a))), and
5 geographically diverse areas, as determined by
6 the Secretary.
7 (4) CONTAINMENT AND MITIGATION.—To imple-
8 ment a coordinated containment and mitigation sys-
9 tem that—
10 (A) leverages or modernizes existing con-
11 tainment and mitigation strategies within the
12 respective State, local, Tribal, or territorial gov-
13 ernments and national containment and mitiga-
14 tion strategies;
15 (B) may provide for, connect to, and lever-
16 age existing social services and support for indi-
17 viduals who have been infected with or exposed
18 to COVID–19 and who are isolated or quar-
19 antined in their homes, such as through—
20 (i) food assistance programs;
21 (ii) guidance for household infection
22 control;
23 (iii) information and assistance with
24 childcare services; and
•HR 925 EAH
1230
1 (iv) information and assistance per-
2 taining to support available under the
3 CARES Act (Public Law 116–136) and this
4 Act;
5 (C) provides guidance on the establishment
6 of safe, high-quality, facilities for the voluntary
7 isolation of individuals infected with, or quar-
8 antine of the contacts of individuals exposed to
9 COVID–19, where hospitalization is not re-
10 quired, which facilities should—
11 (i) be prohibited from making inquir-
12 ies relating to the citizenship status of an
13 individual isolated or quarantined; and
14 (ii) be operated by a non-Federal, com-
15 munity partner or partners that—
16 (I) have previously established re-
17 lationships in localities;
18 (II) work with local places of wor-
19 ship, community centers, medical fa-
20 cilities, and schools to recruit local
21 staff for such facilities; and
22 (III) are fully integrated into
23 State, local, Tribal, or territorial con-
24 tainment and mitigation efforts;
•HR 925 EAH
1231
1 (D) identifies specific strategies for ensuring
2 containment and mitigation activities in racial
3 and ethnic minority populations; and
4 (E) identifies specific strategies for ensuring
5 containment and mitigation activities in medi-
6 cally underserved populations (as defined in sec-
7 tion 330(b)(3) of the Public Health Service Act
8 (42 U.S.C. 254b(b)(3))), health professional
9 shortage areas (as defined under section 332(a)
10 of the Public Health Service Act (42 U.S.C.
11 254e(a))), and geographically diverse areas, as
12 determined by the Secretary.
13 (e) REPORTING.—The Secretary shall facilitate mecha-
14 nisms for timely, standardized reporting by grantees under
15 this section regarding implementation of the systems estab-
16 lished under this section and coordinated processes with the
17 reporting as required and under the heading ‘‘Department
18 of Health and Human Services—Office of the Secretary—
19 Public Health and Social Service Emergency Fund’’ in title
20 I of division B of the Paycheck Protection Program and
21 Health Care Enhancement Act (Public Law 116–139, 134
22 Stat. 620), including—
23 (1) a summary of county or local health depart-
24 ment level information from the States receiving
25 funding, and information from directly funded local-
•HR 925 EAH
1232
1 ities, territories, and Tribal entities, about the activi-
2 ties that will be undertaken using funding awarded
3 under this section, including subgrants;
4 (2) any anticipated shortages of required mate-
5 rials for testing for COVID–19 under subsection (a);
6 and
7 (3) other barriers in the prevention, mitigation,
8 or treatment of COVID–19 under this section.
9 (f) PUBLIC LISTING OF AWARDS.—The Secretary
10 shall—
11 (1) not later than 7 days after first awarding
12 grants under this section, post in a searchable, elec-
13 tronic format a list of all awards made by the Sec-
14 retary under this section, including the recipients and
15 amounts of such awards; and
16 (2) update such list not less than every 7 days
17 until all funds made available to carry out this sec-
18 tion are expended.
19 SEC. 563. GUIDANCE, TECHNICAL ASSISTANCE, INFORMA-
20 TION, AND COMMUNICATION.
21 (a) IN GENERAL.— Not later than 14 days after the
22 date of the enactment of this Act, the Secretary, in coordina-
23 tion with other Federal agencies, as appropriate, shall issue
24 guidance, provide technical assistance, and provide infor-
•HR 925 EAH
1233
1 mation to States, localities, Tribes, and territories, with re-
2 spect to the following:
3 (1) The diagnostic and serological testing of in-
4 dividuals identified through contact tracing for
5 COVID–19, including information with respect to the
6 reduction of duplication related to programmatic ac-
7 tivities, reporting, and billing.
8 (2) Best practices regarding contact tracing, in-
9 cluding the collection of data with respect to such con-
10 tact tracing and requirements related to the standard-
11 ization of demographic and syndromic information
12 collected as part of contact tracing efforts.
13 (3) Best practices regarding COVID–19 disease
14 surveillance, including best practices to reduce dupli-
15 cation in surveillance activities, identifying gaps in
16 surveillance and surveillance systems, and ways in
17 which the Secretary plans to effectively support State,
18 local, Tribal and territorial health departments in
19 addressing such gaps.
20 (4) Information on ways for State, local, Tribal,
21 and territorial health departments to establish and
22 maintain the testing, contact tracing, and surveil-
23 lance activities described in paragraphs (1) through
24 (3).
•HR 925 EAH
1234
1 (5) The protection of any personally identifiable
2 health information collected pursuant to this subtitle.
3 (6) Best practices regarding privacy and cyberse-
4 curity protection related to contact tracing, contain-
5 ment, and mitigation efforts.
6 (7) Best practices related to improving public
7 compliance for isolation and containment measures
8 and reaching medically underserved communities.
9 (b) GUIDANCE ON PAYMENT.—Not later than 14 days
10 after the date of the enactment of this Act, the Secretary,
11 in coordination with the Administrator of the Centers for
12 Medicare & Medicaid Services, the Director of the Centers
13 for Disease Control and Prevention, and in coordination
14 with other Federal agencies, as appropriate, shall develop
15 and issue to State, local, Tribal, and territorial health de-
16 partments clear guidance and policies—
17 (1) with respect to the coordination of claims
18 submitted for payment out of the Public Health and
19 Social Services Emergency Fund for services fur-
20 nished in a facility referred to in section
21 562(d)(4)(C);
22 (2) identifying how an individual who is iso-
23 lated or quarantined at home or in such a facility—
•HR 925 EAH
1235
1 (A) incurs no out-of-pocket costs for any
2 services furnished to such individual while iso-
3 lated; and
4 (B) may receive income support for lost
5 earnings or payments for expenses such as child
6 care or elder care while such individual is iso-
7 lated at home or in such a facility;
8 (3) providing information and assistance per-
9 taining to support available under the CARES Act
10 (Public Law 116–136) and this Act; and
11 (4) identifying State, local, Tribal, and terri-
12 torial health departments or partner agencies that
13 may provide social support services, such as groceries
14 or meals, health education, internet access, and behav-
15 ioral health services, to individuals who isolated or
16 quarantined at home or in such a facility.
17 (c) GUIDANCE ON TESTING.—Not later than 14 days
18 after the date of the enactment of this Act, the Secretary,
19 in coordination with the Commissioner of Food and Drugs,
20 the Director of the National Institutes of Health, and the
21 Director of the Centers for Disease Control and Prevention,
22 and in coordination with other Federal agencies as appro-
23 priate, shall develop and issue to State, local, Tribal, and
24 territorial health departments clear guidance and policies
25 regarding—
•HR 925 EAH
1236
1 (1) objective standards to characterize the per-
2 formance of all diagnostic and serological tests for
3 COVID–19 in order to independently evaluate tests
4 continuously over time;
5 (2) protocols for the evaluation of the perform-
6 ance of diagnostic and serological tests for COVID–
7 19; and
8 (3) a repository of characterized specimens to use
9 to evaluate the performance of those tests that can be
10 made available for appropriate entities to use to
11 evaluate performance.
12 (d) COMMUNICATION.—The Secretary shall identify
13 and publicly announce the form and manner for commu-
14 nication with State, local, Tribal, and territorial health de-
15 partments for purposes of carrying out the activities ad-
16 dressed by guidance issued under subsections (a) and (b).
17 (e) AVAILABILITY TO PROVIDERS.—Guidance issued
18 under subsection (a)(1) shall be issued to health care pro-
19 viders.
20 (f) ONGOING PROVISION OF GUIDANCE AND TECH-
21 NICAL ASSISTANCE.—Notwithstanding whether funds are
22 available specifically to carry out this subtitle, guidance
23 and technical assistance shall continue to be provided under
24 this section.
•HR 925 EAH
1237
1 SEC. 564. RESEARCH AND DEVELOPMENT.
2 The Secretary, in coordination with the Director of the
3 Centers for Disease Control and Prevention and in collabo-
4 ration with the Director of the National Institutes of
5 Health, the Director of the Agency for Healthcare Research
6 and Quality, the Commissioner of Food and Drugs, and
7 the Administrator of the Centers for Medicare & Medicaid
8 Services, shall support research and development on more
9 efficient and effective strategies—
10 (1) for the surveillance of SARS–CoV–2 and
11 COVID–19;
12 (2) for the testing and identification of individ-
13 uals infected with COVID–19; and
14 (3) for the tracing of contacts of individuals in-
15 fected with COVID–19.
16 SEC. 565. AWARENESS CAMPAIGNS.
17 The Secretary, acting through the Director of the Cen-
18 ters for Disease Control and Prevention and in coordina-
19 tion with other offices and agencies, as appropriate, shall
20 award competitive grants or contracts to one or more public
21 or private entities, including faith-based organizations, to
22 carry out multilingual and culturally appropriate aware-
23 ness campaigns. Such campaigns shall—
24 (1) be based on available scientific evidence;
•HR 925 EAH
1238
1 (2) increase awareness and knowledge of
2 COVID–19, including countering stigma associated
3 with COVID–19;
4 (3) improve information on the availability of
5 COVID–19 diagnostic testing; and
6 (4) promote cooperation with contact tracing ef-
7 forts.
8 SEC. 566. GRANTS TO STATE AND TRIBAL WORKFORCE
9 AGENCIES.
10 (a) DEFINITIONS.—In this section:
11 (1) IN GENERAL.—Except as otherwise provided,
12 the terms in this section have the meanings given the
13 terms in section 3 of the Workforce Innovation and
14 Opportunity Act (29 U.S.C. 3102).
15 (2) APPRENTICESHIP; APPRENTICESHIP PRO-
16 GRAM.—The term ‘‘apprenticeship’’ or ‘‘apprentice-
17 ship program’’ means an apprenticeship program
18 registered under the Act of August 16, 1937 (com-
19 monly known as the ‘‘National Apprenticeship Act’’)
20 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), in-
21 cluding any requirement, standard, or rule promul-
22 gated under such Act, as such requirement, standard,
23 or rule was in effect on December 30, 2019.
24 (3) CONTACT TRACING AND RELATED POSI-
25 TIONS.—The term ‘‘contact tracing and related posi-
•HR 925 EAH
1239
1 tions’’ means employment related to contact tracing,
2 surveillance, containment, and mitigation activities
3 as described in paragraphs (2), (3), and (4) of section
4 562(d).
5 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
6 ty’’ means—
7 (A) a State or territory, including the Dis-
8 trict of Columbia and Puerto Rico;
9 (B) an Indian Tribe, Tribal organization,
10 Alaska Native entity, Indian-controlled organi-
11 zations serving Indians, or Native Hawaiian or-
12 ganizations;
13 (C) an outlying area; or
14 (D) a local board, if an eligible entity under
15 subparagraphs (A) through (C) has not applied
16 with respect to the area over which the local
17 board has jurisdiction as of the date on which
18 the local board submits an application under
19 subsection (c).
20 (5) ELIGIBLE INDIVIDUAL.—Notwithstanding
21 section 170(b)(2) of the Workforce Innovation and
22 Opportunity Act (29 U.S.C. 3225(b)(2)), the term ‘‘el-
23 igible individual’’ means an individual seeking or se-
24 curing employment in contact tracing and related po-
25 sitions and served by an eligible entity or commu-
•HR 925 EAH
1240
1 nity-based organization receiving funding under this
2 section.
3 (6) SECRETARY.—The term ‘‘Secretary’’ means
4 the Secretary of Labor.
5 (b) GRANTS.—
6 (1) IN GENERAL.—Subject to the availability of
7 appropriations under subsection (g), the Secretary
8 shall award national dislocated worker grants under
9 section 170(b)(1)(B) of the Workforce Innovation and
10 Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to each
11 eligible entity that seeks a grant to assist local boards
12 and community-based organizations in carrying out
13 activities under subsections (f) and (d), respectively,
14 for the following purposes:
15 (A) To support the recruitment, placement,
16 and training, as applicable, of eligible individ-
17 uals seeking employment in contact tracing and
18 related positions in accordance with the national
19 system for COVID–19 testing, contact tracing,
20 surveillance, containment, and mitigation estab-
21 lished under section 561.
22 (B) To assist with the employment transi-
23 tion to new employment or education and train-
24 ing of individuals employed under this section in
•HR 925 EAH
1241
1 preparation for and upon termination of such
2 employment.
3 (2) TIMELINE.—The Secretary of Labor shall—
4 (A) issue application requirements under
5 subsection (c) not later than 10 days after the
6 date of enactment of this section; and
7 (B) award grants to an eligible entity
8 under paragraph (1) not later than 10 days
9 after the date on which the Secretary receives an
10 application from such entity.
11 (c) GRANT APPLICATION.—An eligible entity applying
12 for a grant under this section shall submit an application
13 to the Secretary, at such time and in such form and manner
14 as the Secretary may reasonably require, which shall in-
15 clude a description of—
16 (1) how the eligible entity will support the re-
17 cruitment, placement, and training, as applicable, of
18 eligible individuals seeking employment in contact
19 tracing and related positions by partnering with—
20 (A) a State, local, Tribal, or territorial
21 health department; or
22 (B) one or more nonprofit or community-
23 based organizations partnering with such health
24 departments;
•HR 925 EAH
1242
1 (2) how the activities described in paragraph (1)
2 will support State efforts to address the demand for
3 contact tracing and related positions with respect
4 to—
5 (A) the State plans referred to in the head-
6 ing ‘‘Public Health and Social Services Emer-
7 gency Fund’’ in title I of division B of the Pay-
8 check Protection Program and Health Care En-
9 hancement Act (Public Law 116–139);
10 (B) the testing strategy submitted under sec-
11 tion 541; and
12 (C) the number of eligible individuals that
13 the State plans to recruit and train under the
14 plans and strategies described in subparagraphs
15 (A) and (B);
16 (3) the specific strategies for recruiting and
17 placement of eligible individuals from or residing
18 within the communities in which they will work, in-
19 cluding—
20 (A) plans for the recruitment of eligible in-
21 dividuals to serve as contact tracers and related
22 positions, including dislocated workers, individ-
23 uals with barriers to employment, veterans, new
24 entrants in the workforce, or underemployed or
25 furloughed workers, who are from or reside in or
•HR 925 EAH
1243
1 near the local area in which they will serve, and
2 who, to the extent practicable—
3 (i) have experience or a background in
4 industry-sectors and occupations such as
5 public health, social services, customer serv-
6 ice, case management, or occupations that
7 require related qualifications, skills, or com-
8 petencies, such as strong interpersonal and
9 communication skills, needed for contact
10 tracing and related positions, as described
11 in section 562(d)(2)(E)(ii); or
12 (ii) seek to transition to public health
13 and public health related occupations upon
14 the conclusion of employment in contact
15 tracing and related positions; and
16 (B) how such strategies will take into ac-
17 count the diversity of such community, including
18 racial, ethnic, socioeconomic, linguistic, or geo-
19 graphic diversity;
20 (4) the amount, timing, and mechanisms for dis-
21 tribution of funds provided to local boards or through
22 subgrants as described in subsection (d);
23 (5) for eligible entities described in subpara-
24 graphs (A) through (C) of subsection (a)(4), a descrip-
•HR 925 EAH
1244
1 tion of how the eligible entity will ensure the equitable
2 distribution of funds with respect to—
3 (A) geography (such as urban and rural
4 distribution);
5 (B) medically underserved populations (as
6 defined in section 33(b)(3) of the Public Health
7 Service Act (42 U.S.C. 254b(b)));
8 (C) health professional shortage areas (as
9 defined under section 332(a) of the Public Health
10 Service Act (42 U.S.C. 254e(a))); and
11 (D) the racial and ethnic diversity of the
12 area; and
13 (6) for eligible entities who are local boards, a
14 description of how a grant to such eligible entity
15 would serve the equitable distribution of funds as de-
16 scribed in paragraph (5).
17 (d) SUBGRANT AUTHORIZATION AND APPLICATION
18 PROCESS.—
19 (1) IN GENERAL.—An eligible entity may award
20 a subgrant to one or more community-based organiza-
21 tions for the purposes of partnering with a State or
22 local board to conduct outreach and education activi-
23 ties to inform potentially eligible individuals about
24 employment opportunities in contact tracing and re-
25 lated positions.
•HR 925 EAH
1245
1 (2) APPLICATION.—A community-based organi-
2 zation shall submit an application at such time and
3 in such manner as the eligible entity may reasonably
4 require, including—
5 (A) a demonstration of the community-
6 based organization’s established expertise and ef-
7 fectiveness in community outreach in the local
8 area that such organization plans to serve;
9 (B) a demonstration of the community-
10 based organization’s expertise in providing em-
11 ployment or public health information to the
12 local areas in which such organization plans to
13 serve; and
14 (C) a description of the expertise of the com-
15 munity-based organization in utilizing cul-
16 turally competent and multilingual strategies in
17 the provision of services.
18 (e) GRANT DISTRIBUTION.—
19 (1) FEDERAL DISTRIBUTION.—
20 (A) USE OF FUNDS.— The Secretary of
21 Labor shall use the funds appropriated to carry
22 out this section as follows:
23 (i) Subject to clause (ii), the Secretary
24 shall distribute funds among eligible entities
25 in accordance with a formula to be estab-
•HR 925 EAH
1246
1 lished by the Secretary that provides a min-
2 imum level of funding to each eligible entity
3 that seeks a grant under this section and al-
4 locates additional funding as follows:
5 (I) The formula shall give first
6 priority based on the number and pro-
7 portion of contact tracing and related
8 positions that the State plans to re-
9 cruit, place, and train individuals as a
10 part of the State strategy described in
11 subsection (c)(2)(A).
12 (II) Subject to subclause (I), the
13 formula shall give priority in accord-
14 ance with section 562(c).
15 (ii) Not more than 2 percent of the
16 funding for administration of the grants
17 and for providing technical assistance to re-
18 cipients of funds under this section.
19 (B) EQUITABLE DISTRIBUTION.—If the geo-
20 graphic region served by one or more eligible en-
21 tities overlaps, the Secretary shall distribute
22 funds among such entities in such a manner that
23 ensures equitable distribution with respect to the
24 factors under subsection (c)(5).
•HR 925 EAH
1247
1 (2) ELIGIBLE ENTITY USE OF FUNDS.—An eligi-
2 ble entity described in subparagraphs (A) through (C)
3 of subsection (a)(4)—
4 (A) shall, not later than 30 days after the
5 date on which the entity receives grant funds
6 under this section, provide not less than 70 per-
7 cent of grant funds to local boards for the pur-
8 pose of carrying out activities in subsection (f);
9 (B) may use up to 20 percent of such funds
10 to make subgrants to community-based organiza-
11 tions in the service area to conduct outreach, to
12 potential eligible individuals, as described in
13 subsection (d);
14 (C) in providing funds to local boards and
15 awarding subgrants under this subsection shall
16 ensure the equitable distribution with respect to
17 the factors described in subsection (c)(5); and
18 (D) may use not more than 10 percent of
19 the funds awarded under this section for the ad-
20 ministrative costs of carrying out the grant and
21 for providing technical assistance to local boards
22 and community-based organizations.
23 (3) LOCAL BOARD USE OF FUNDS.—A local
24 board, or an eligible entity that is a local board, shall
25 use—
•HR 925 EAH
1248
1 (A) not less than 60 percent of the funds for
2 recruitment and training for COVID–19 testing,
3 contact tracing, surveillance, containment, and
4 mitigation established under section 561;
5 (B) not less than 30 of the funds to support
6 the transition of individuals hired as contact
7 tracers and related positions into an education
8 or training program, or unsubsidized employ-
9 ment upon completion of such positions; and
10 (C) not more than 10 percent of the funds
11 for administrative costs.
12 (f) ELIGIBLE ACTIVITIES.—The State or local boards
13 shall use funds awarded under this section to support the
14 recruitment and placement of eligible individuals, training
15 and employment transition as related to contact tracing
16 and related positions, and for the following activities:
17 (1) Establishing or expanding partnerships
18 with—
19 (A) State, local, Tribal, and territorial pub-
20 lic health departments;
21 (B) community-based health providers, in-
22 cluding community health centers and rural
23 health clinics;
24 (C) labor organizations or joint labor man-
25 agement organizations;
•HR 925 EAH
1249
1 (D) two-year and four-year institutions of
2 higher education (as defined in section 101 of the
3 Higher Education Act of 1965 (20 U.S.C.
4 1001)), including institutions eligible to receive
5 funds under section 371(a) of the Higher Edu-
6 cation Act of 1965 (20 U.S.C. 1067q(a)); and
7 (E) community action agencies or other
8 community-based organizations serving local
9 areas in which there is a demand for contact
10 tracing and related positions.
11 (2) Providing training for contact tracing and
12 related positions in coordination with State, local,
13 Tribal, or territorial health departments that is con-
14 sistent with the State or territorial testing and con-
15 tact tracing strategy, and ensuring that eligible indi-
16 viduals receive compensation while participating in
17 such training.
18 (3) Providing eligible individuals with—
19 (A) adequate and safe equipment, environ-
20 ments, and facilities for training and super-
21 vision, as applicable;
22 (B) information regarding the wages and
23 benefits related to contact tracing and related po-
24 sitions, as compared to State, local, and national
25 averages;
•HR 925 EAH
1250
1 (C) supplies and equipment needed by the
2 eligible individuals to support placement of an
3 individual in contact tracing and related posi-
4 tions, as applicable;
5 (D) an individualized employment plan for
6 each eligible individual, as applicable—
7 (i) in coordination with the entity em-
8 ploying the eligible individual in a contact
9 tracing and related positions; and
10 (ii) which shall include providing a
11 case manager to work with each eligible in-
12 dividual to develop the plan, which may in-
13 clude—
14 (I) identifying employment and
15 career goals, and setting appropriate
16 achievement objectives to attain such
17 goals; and
18 (II) exploring career pathways
19 that lead to in-demand industries and
20 sectors, including in public health and
21 related occupations; and
22 (E) services for the period during which the
23 eligible individual is employed in a contact trac-
24 ing and related position to ensure job retention,
25 which may include—
•HR 925 EAH
1251
1 (i) supportive services throughout the
2 term of employment;
3 (ii) a continuation of skills training as
4 related to employment in contact tracing
5 and related positions, that is conducted in
6 collaboration with the employers of such in-
7 dividuals;
8 (iii) mentorship services and job reten-
9 tion support for eligible individuals; or
10 (iv) targeted training for managers
11 and workers working with eligible individ-
12 uals (such as mentors), and human resource
13 representatives;
14 (4) Supporting the transition and placement in
15 unsubsidized employment for eligible individuals serv-
16 ing in contact tracing and related positions after such
17 positions are no longer necessary in the State or local
18 area, including—
19 (A) any additional training and employ-
20 ment activities as described in section 170(d)(4)
21 of the Workforce Innovation and Opportunity
22 Act (29 U.S.C. 3225(d)(4));
23 (B) developing the appropriate combination
24 of services to enable the eligible individual to
•HR 925 EAH
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1 achieve the employment and career goals identi-
2 fied under paragraph (3)(D)(ii)(I); and
3 (C) services to assist eligible individuals in
4 maintaining employment for not less than 12
5 months after the completion of employment in
6 contact tracing and related positions, as appro-
7 priate.
8 (5) Any other activities as described in sub-
9 sections (a)(3) and (b) of section 134 of the Workforce
10 Innovation and Opportunity Act (29 U.S.C. 3174).
11 (g) LIMITATION.—Notwithstanding section
12 170(d)(3)(A) of the Workforce Innovation and Opportunity
13 Act (29 U.S.C. 3225(d)(3)(A)), a person may be employed
14 in a contact tracing and related positions using funds
15 under this section for a period not greater than 2 years.
16 (h) REPORTING BY THE DEPARTMENT OF LABOR.—
17 (1) IN GENERAL.—Not later than 120 days of the
18 enactment of this Act, and once grant funds have been
19 expended under this section, the Secretary shall report
20 to the Committee on Education and Labor of the
21 House of Representatives and the Committee on
22 Health, Education, Labor and Pensions of the Senate,
23 and make publicly available a report containing a de-
24 scription of—
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1 (A) the number of eligible individuals re-
2 cruited, hired, and trained in contact tracing
3 and related positions;
4 (B) the number of individuals successfully
5 transitioned to unsubsidized employment or
6 training at the completion of employment in
7 contact tracing and related positions using funds
8 under this subtitle;
9 (C) the number of such individuals who
10 were unemployed prior to being hired, trained,
11 or deployed as described in paragraph (1);
12 (D) the performance of each program sup-
13 ported by funds under this subtitle with respect
14 to the indicators of performance under section
15 116 of the Workforce Innovation and Oppor-
16 tunity Act (29 U.S.C. 3141), as applicable;
17 (E) the number of individuals in unsub-
18 sidized employment within six months and 1
19 year, respectively, of the conclusion of employ-
20 ment in contact tracing and related positions
21 and, of those, the number of individuals within
22 a State, territorial, or local public health depart-
23 ment in an occupation related to public health;
24 (F) any information on how eligible enti-
25 ties, local boards, or community-based organiza-
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1 tions that received funding under this subsection
2 were able to support the goals of the national
3 system for COVID–19 testing, contact tracing,
4 surveillance, containment, and mitigation estab-
5 lished under section 561 of this Act; and
6 (G) best practices for improving and in-
7 creasing the transition of individuals employed
8 in contract tracing and related positions to un-
9 subsidized employment.
10 (2) DISAGGREGATION.—All data reported under
11 paragraph (1) shall be disaggregated by race, eth-
12 nicity, sex, age, and, with respect to individuals with
13 barriers to employment, subpopulation of such indi-
14 viduals, except for when the number of participants
15 in a category is insufficient to yield statistically reli-
16 able information or when the results would reveal per-
17 sonally identifiable information about an individual
18 participant.
19 (i) SPECIAL RULE.—Any funds used for programs
20 under this section that are used to fund an apprenticeship
21 or apprenticeship program shall only be used for, or pro-
22 vided to, an apprenticeship or apprenticeship program that
23 meets the definition of such term subsection (a) of this sec-
24 tion, including any funds awarded for the purposes of
25 grants, contracts, or cooperative agreements, or the develop-
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1 ment, implementation, or administration, of an apprentice-
2 ship or an apprenticeship program.
3 (j) INFORMATION SHARING REQUIREMENT FOR
4 HHS.—The Secretary of Health and Human Services, act-
5 ing through the Director of the Centers for Disease Control
6 and Prevention, shall provide the Secretary of Labor, acting
7 through the Assistant Secretary of the Employment and
8 Training Administration, with information on grants
9 under section 562, including—
10 (1) the formula used to award such grants to
11 State, local, Tribal, and territorial health depart-
12 ments;
13 (2) the dollar amounts of and scope of the work
14 funded under such grants;
15 (3) the geographic areas served by eligible enti-
16 ties that receive such grants; and
17 (4) the number of contact tracers and related po-
18 sitions to be hired using such grants.
19 (k) AUTHORIZATION OF APPROPRIATIONS.—Of the
20 amounts appropriated to carry out this subtitle,
21 $500,000,000 shall be used by the Secretary of Labor to
22 carry out subsections (a) through (h) of this section.
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1 SEC. 567. APPLICATION OF THE SERVICE CONTRACT ACT TO
2 CONTRACTS AND GRANTS.
3 Contracts and grants which include contact tracing as
4 part of the scope of work and that are awarded under this
5 subtitle shall require that contract tracers and related posi-
6 tions are paid not less than the prevailing wage and fringe
7 rates required under chapter 67 of title 41, United States
8 Code (commonly known as the ‘‘Service Contract Act’’) for
9 the area in which the work is performed. To the extent that
10 a nonstandard wage determination is required to establish
11 a prevailing wage for contact tracers and related positions
12 for purposes of this subtitle, the Secretary of Labor shall
13 issue such determination not later than 14 days after the
14 date of enactment of this Act, based on a job description
15 used by the Centers for Disease Control and Prevention and
16 contractors or grantees performing contact tracing for State
17 public health agencies.
18 SEC. 568. AUTHORIZATION OF APPROPRIATIONS.
19 To carry out this subtitle, there are authorized to be
20 appropriated $75,000,000,000, to remain available until
21 expended.
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1 Subtitle E—Demographic Data and
2 Supply Reporting Related to
3 COVID–19
4 SEC. 571. COVID–19 REPORTING PORTAL.
5 (a) IN GENERAL.—Not later than 15 days after the
6 date of enactment of this Act, the Secretary shall establish
7 and maintain an online portal for use by eligible health
8 care entities to track and transmit data regarding their
9 personal protective equipment and medical supply inven-
10 tory and capacity related to COVID–19.
11 (b) ELIGIBLE HEALTH CARE ENTITIES.—In this sec-
12 tion, the term ‘‘eligible health care entity’’ means a licensed
13 acute care hospital, hospital system, or long-term care facil-
14 ity with confirmed cases of COVID–19.
15 (c) SUBMISSION.—An eligible health care entity shall
16 report using the portal under this section on a biweekly
17 basis in order to assist the Secretary in tracking usage and
18 need of COVID–related supplies and personnel in a regular
19 and real-time manner.
20 (d) INCLUDED INFORMATION.—The Secretary shall de-
21 sign the portal under this section to include information
22 on personal protective equipment and medical supply in-
23 ventory and capacity related to COVID–19, including with
24 respect to the following:
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1 (1) PERSONAL PROTECTIVE EQUIPMENT.—Total
2 personal protective equipment inventory, including,
3 in units, the numbers of N95 masks and authorized
4 equivalent respirator masks, surgical masks, exam
5 gloves, face shields, isolation gowns, and coveralls.
6 (2) MEDICAL SUPPLY.—
7 (A) Total ventilator inventory, including,
8 in units, the number of universal, adult, pedi-
9 atric, and infant ventilators.
10 (B) Total diagnostic and serological test in-
11 ventory, including, in units, the number of test
12 platforms, tests, test kits, reagents, transport
13 media, swabs, and other materials or supplies
14 determined necessary by the Secretary.
15 (3) CAPACITY.—
16 (A) Case count measurements, including
17 confirmed positive cases and persons under in-
18 vestigation.
19 (B) Total number of staffed beds, including
20 medical surgical beds, intensive care beds, and
21 critical care beds.
22 (C) Available beds, including medical sur-
23 gical beds, intensive care beds, and critical care
24 beds.
•HR 925 EAH
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1 (D) Total number of COVID–19 patients
2 currently utilizing a ventilator.
3 (E) Average number of days a COVID–19
4 patient is utilizing a ventilator.
5 (F) Total number of additionally needed
6 professionals in each of the following categories:
7 intensivists, critical care physicians, respiratory
8 therapists, registered nurses, certified registered
9 nurse anesthetists, and laboratory personnel.
10 (G) Total number of hospital personnel cur-
11 rently not working due to self-isolation following
12 a known or presumed COVID–19 exposure.
13 (e) ACCESS TO INFORMATION RELATED TO INVENTORY
14 AND CAPACITY.—The Secretary shall ensure that relevant
15 agencies and officials, including the Centers for Disease
16 Control and Prevention, the Assistant Secretary for Pre-
17 paredness and Response, and the Federal Emergency Man-
18 agement Agency, have access to information related to in-
19 ventory and capacity submitted under this section.
20 (f) WEEKLY REPORT TO CONGRESS.—On a weekly
21 basis, the Secretary shall transmit information related to
22 inventory and capacity submitted under this section to the
23 appropriate committees of the House and Senate.
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1 SEC. 572. REGULAR CDC REPORTING ON DEMOGRAPHIC
2 DATA.
3 Not later than 14 days after the date of enactment of
4 this Act, the Secretary, in coordination with the Director
5 of the Centers for Disease Control and Prevention, shall
6 amend the reporting under the heading ‘‘Department of
7 Health and Human Services—Office of the Secretary—
8 Public Health and Social Service Emergency Fund’’ in title
9 I of division B of the Paycheck Protection Program and
10 Health Care Enhancement Act (Public Law 116–139; 134
11 Stat. 620, 626) on the demographic characteristics, includ-
12 ing race, ethnicity, age, sex, gender, geographic region, and
13 other relevant factors of individuals tested for or diagnosed
14 with COVID–19, to include—
15 (1) providing technical assistance to State, local,
16 and territorial health departments to improve the col-
17 lection and reporting of such demographic data;
18 (2) if such data is not so collected or reported,
19 the reason why the State, local, or territorial depart-
20 ment of health has not been able to collect or provide
21 such information; and
22 (3) making a copy of such report available pub-
23 licly on the website of the Centers for Disease Control
24 and Prevention.
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1 SEC. 573. FEDERAL MODERNIZATION FOR HEALTH INEQUI-
2 TIES DATA.
3 (a) IN GENERAL.—The Secretary shall work with cov-
4 ered agencies to support the modernization of data collec-
5 tion methods and infrastructure at such agencies for the
6 purpose of increasing data collection related to health in-
7 equities, such as racial, ethnic, socioeconomic, sex, gender,
8 and disability disparities.
9 (b) COVERED AGENCY DEFINED.—In this section, the
10 term ‘‘covered agency’’ means each of the following Federal
11 agencies:
12 (1) The Agency for Healthcare Research and
13 Quality.
14 (2) The Centers for Disease Control and Preven-
15 tion.
16 (3) The Centers for Medicare & Medicaid Serv-
17 ices.
18 (4) The Food and Drug Administration.
19 (5) The Office of the National Coordinator for
20 Health Information Technology.
21 (6) The National Institutes of Health.
22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
23 authorized to be appropriated to each covered agency to
24 carry out this section $4,000,000, to remain available until
25 expended.
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1 SEC. 574. MODERNIZATION OF STATE AND LOCAL HEALTH
2 INEQUITIES DATA.
3 (a) IN GENERAL.—Not later than 6 months after the
4 date of enactment of this Act, the Secretary, acting through
5 the Director of the Centers for Disease Control and Preven-
6 tion, shall award grants to State, local, and territorial
7 health departments in order to support the modernization
8 of data collection methods and infrastructure for the pur-
9 poses of increasing data related to health inequities, such
10 as racial, ethnic, socioeconomic, sex, gender, and disability
11 disparities. The Secretary shall—
12 (1) provide guidance, technical assistance, and
13 information to grantees under this section on best
14 practices regarding culturally competent, accurate,
15 and increased data collection and transmission; and
16 (2) track performance of grantees under this sec-
17 tion to help improve their health inequities data col-
18 lection by identifying gaps and taking effective steps
19 to support States, localities, and territories in ad-
20 dressing the gaps.
21 (b) REPORT.—Not later than 1 year after the date on
22 which the first grant is awarded under this section, the Sec-
23 retary shall submit to the Committee on Energy and Com-
24 merce of the House of Representatives and the Committee
25 on Health, Education, Labor and Pensions of the Senate
26 an initial report detailing—
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1 (1) nationwide best practices for ensuring States
2 and localities collect and transmit health inequities
3 data;
4 (2) nationwide trends which hinder the collection
5 and transmission of health inequities data;
6 (3) Federal best practices for working with
7 States and localities to ensure culturally competent,
8 accurate, and increased data collection and trans-
9 mission; and
10 (4) any recommended changes to legislative or
11 regulatory authority to help improve and increase
12 health inequities data collection.
13 (c) FINAL REPORT.—Not later than three months after
14 the end of the public health emergency declared pursuant
15 to section 319 of the Public Health Service Act (42 U.S.C.
16 247d) with respect to COVID–19, the Secretary shall—
17 (1) update and finalize the initial report under
18 subsection (b); and
19 (2) submit such final report to the committees
20 specified in such subsection.
21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
22 authorized to be appropriated to carry out this section
23 $100,000,000, to remain available until expended.
•HR 925 EAH
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1 SEC. 575. TRIBAL FUNDING TO RESEARCH HEALTH INEQUI-
2 TIES INCLUDING COVID–19.
3 (a) IN GENERAL.—Not later than 6 months after the
4 date of enactment of this Act, the Director of the Indian
5 Health Service, in coordination with Tribal Epidemiology
6 Centers and other Federal agencies, as appropriate, shall
7 conduct or support research and field studies for the pur-
8 poses of improved understanding of Tribal health inequities
9 among American Indians and Alaska Natives, including
10 with respect to—
11 (1) disparities related to COVID–19;
12 (2) public health surveillance and infrastructure
13 regarding unmet needs in Indian country and Urban
14 Indian communities;
15 (3) population-based health disparities;
16 (4) barriers to health care services;
17 (5) the impact of socioeconomic status; and
18 (6) factors contributing to Tribal health inequi-
19 ties.
20 (b) CONSULTATION, CONFER, AND COORDINATION.—In
21 carrying out this section, the Director of the Indian Health
22 Service shall—
23 (1) consult with Indian Tribes and Tribal orga-
24 nizations;
25 (2) confer with Urban Indian organizations; and
•HR 925 EAH
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1 (3) coordinate with the Director of the Centers
2 for Disease Control and Prevention and the Director
3 of the National Institutes of Health.
4 (c) PROCESS.—Not later than 60 days after the date
5 of enactment of this Act, the Director of the Indian Health
6 Service shall establish a nationally representative panel to
7 establish processes and procedures for the research and field
8 studies conducted or supported under subsection (a). The
9 Director shall ensure that, at a minimum, the panel con-
10 sists of the following individuals:
11 (1) Elected Tribal leaders or their designees.
12 (2) Tribal public health practitioners and ex-
13 perts from the national and regional levels.
14 (d) DUTIES.—The panel established under subsection
15 (c) shall, at a minimum—
16 (1) advise the Director of the Indian Health
17 Service on the processes and procedures regarding the
18 design, implementation, and evaluation of, and re-
19 porting on, research and field studies conducted or
20 supported under this section;
21 (2) develop and share resources on Tribal public
22 health data surveillance and reporting, including best
23 practices; and
24 (3) carry out such other activities as may be ap-
25 propriate to establish processes and procedures for the
•HR 925 EAH
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1 research and field studies conducted or supported
2 under subsection (a).
3 (e) REPORT.—Not later than 1 year after expending
4 all funds made available to carry out this section, the Direc-
5 tor of the Indian Health Service, in coordination with the
6 panel established under subsection (c), shall submit an ini-
7 tial report on the results of the research and field studies
8 under this section to—
9 (1) the Committee on Energy and Commerce and
10 the Committee on Natural Resources of the House of
11 Representatives; and
12 (2) the Committee on Indian Affairs and the
13 Committee on Health, Education, Labor and Pen-
14 sions of the Senate.
15 (f) TRIBAL DATA SOVEREIGNTY.—The Director of the
16 Indian Health Service shall ensure that all research and
17 field studies conducted or supported under this section are
18 tribally-directed and carried out in a manner which en-
19 sures Tribal-direction of all data collected under this sec-
20 tion—
21 (1) according to Tribal best practices regarding
22 research design and implementation, including by en-
23 suring the consent of the Tribes involved to public re-
24 porting of Tribal data;
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1 (2) according to all relevant and applicable
2 Tribal, professional, institutional, and Federal stand-
3 ards for conducting research and governing research
4 ethics;
5 (3) with the prior and informed consent of any
6 Indian Tribe participating in the research or sharing
7 data for use under this section; and
8 (4) in a manner that respects the inherent sov-
9 ereignty of Indian Tribes, including Tribal govern-
10 ance of data and research.
11 (g) FINAL REPORT.—Not later than three months after
12 the end of the public health emergency declared pursuant
13 to section 319 of the Public Health Service Act (42 U.S.C.
14 247d) with respect to COVID–19, the Director of the Indian
15 Health Service shall—
16 (1) update and finalize the initial report under
17 subsection (e); and
18 (2) submit such final report to the committees
19 specified in such subsection.
20 (h) DEFINITIONS.—In this section:
21 (1) The terms ‘‘Indian Tribe’’ and ‘‘Tribal orga-
22 nization’’ have the meanings given to such terms in
23 section 4 of the Indian Self-Determination and Edu-
24 cation Assistance Act (25 U.S.C. 5304).
•HR 925 EAH
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1 (2) The term ‘‘Urban Indian organization’’ has
2 the meaning given to such term in section 4 of the In-
3 dian Health Care Improvement Act (25 U.S.C. 1603).
4 (i) AUTHORIZATION OF APPROPRIATIONS.—There is
5 authorized to be appropriated to carry out this section
6 $25,000,000, to remain available until expended.
7 SEC. 576. CDC FIELD STUDIES PERTAINING TO SPECIFIC
8 HEALTH INEQUITIES.
9 (a) IN GENERAL.—Not later than 90 days after the
10 date of enactment of this Act, the Secretary, acting through
11 the Centers for Disease Control and Prevention, in collabo-
12 ration with State, local, and territorial health departments,
13 shall complete (by the reporting deadline in subsection (b))
14 field studies to better understand health inequities that are
15 not currently tracked by the Secretary. Such studies shall
16 include an analysis of—
17 (1) the impact of socioeconomic status on health
18 care access and disease outcomes, including COVID–
19 19 outcomes;
20 (2) the impact of disability status on health care
21 access and disease outcomes, including COVID–19
22 outcomes;
23 (3) the impact of language preference on health
24 care access and disease outcomes, including COVID–
25 19 outcomes;
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1 (4) factors contributing to disparities in health
2 outcomes for the COVID–19 pandemic; and
3 (5) other topics related to disparities in health
4 outcomes for the COVID–19 pandemic, as determined
5 by the Secretary.
6 (b) REPORT.—Not later than December 31, 2021, the
7 Secretary shall submit to the Committee on Energy and
8 Commerce of the House of Representatives and the Com-
9 mittee on Health, Education, Labor and Pensions of the
10 Senate an initial report on the results of the field studies
11 under this section.
12 (c) FINAL REPORT.—Not later than three months after
13 the end of the public health emergency declared pursuant
14 to section 319 of the Public Health Service Act (42 U.S.C.
15 247d) with respect to COVID–19, the Secretary shall—
16 (1) update and finalize the initial report under
17 subsection (b); and
18 (2) submit such final report to the committees
19 specified in such subsection.
20 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
21 authorized to be appropriated to carry out this section
22 $25,000,000, to remain available until expended.
•HR 925 EAH
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1 SEC. 577. ADDITIONAL REPORTING TO CONGRESS ON THE
2 RACE AND ETHNICITY RATES OF COVID–19
3 TESTING, HOSPITALIZATIONS, AND MORTALI-
4 TIES.
5 (a) IN GENERAL.—Not later than 30 days after the
6 date of enactment of this Act, the Secretary shall submit
7 to the Committee on Appropriations and the Committee on
8 Energy and Commerce of the House of Representatives and
9 the Committee on Appropriations and the Committee on
10 Health, Education, Labor and Pensions of the Senate an
11 initial report—
12 (1) describing the testing, positive diagnoses, hos-
13 pitalization, intensive care admissions, and mortality
14 rates associated with COVID–19, disaggregated by
15 race, ethnicity, age, sex, gender, geographic region,
16 and other relevant factors as determined by the Sec-
17 retary;
18 (2) including an analysis of any variances of
19 testing, positive diagnoses, hospitalizations, and
20 deaths by demographic characteristics; and
21 (3) including proposals for evidenced-based re-
22 sponse strategies to reduce disparities related to
23 COVID–19.
24 (b) FINAL REPORT.—Not later than three months after
25 the end of the public health emergency declared pursuant
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1 to section 319 of the Public Health Service Act (42 U.S.C.
2 247d) with respect to COVID–19, the Secretary shall—
3 (1) update and finalize the initial report under
4 subsection (a); and
5 (2) submit such final report to the committees
6 specified in such subsection.
7 (c) COORDINATION.—In preparing the report sub-
8 mitted under this section, the Secretary shall take into ac-
9 count and otherwise coordinate such report with reporting
10 required under section 572 and under the heading ‘‘Depart-
11 ment of Health and Human Services—Office of the Sec-
12 retary—Public Health and Social Service Emergency
13 Fund’’ in title I of division B of the Paycheck Protection
14 Program and Health Care Enhancement Act (Public Law
15 116–139; 134 Stat. 620, 626).
16 Subtitle F—Miscellaneous
17 SEC. 581. TECHNICAL CORRECTIONS TO AMENDMENTS
18 MADE BY CARES ACT.
19 (a) The amendments made by this section shall take
20 effect as if included in the enactment of the CARES Act
21 (Public Law 116–136).
22 (b) Section 3112 of division A of the CARES Act (Pub-
23 lic Law 116–136) is amended—
24 (1) in subsection (a)(2)(A), by striking the
25 comma before ‘‘or a permanent’’;
•HR 925 EAH
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1 (2) in subsection (d)(1), by striking ‘‘and sub-
2 paragraphs (A) and (B)’’ and inserting ‘‘as subpara-
3 graphs (A) and (B)’’; and
4 (3) in subsection (e), by striking ‘‘Drug, Cos-
5 metic Act’’ and inserting ‘‘Drug, and Cosmetic Act’’.
6 (c) Section 6001(a)(1)(D) of division F of the Families
7 First Coronavirus Response Act (Public Law 116–127), as
8 amended by section 3201 of division A of the CARES Act
9 (Public Law 116–136), is amended by striking ‘‘other test
10 that’’.
11 (d) Subsection (k)(9) of section 543 of the Public
12 Health Service Act (42 U.S.C. 290dd–2), as added by sec-
13 tion 3221(d) of division A of the CARES Act (Public Law
14 116–136), is amended by striking ‘‘unprotected health infor-
15 mation’’ and inserting ‘‘unsecured protected health infor-
16 mation’’.
17 (e) Section 3401(2)(D) of division A of the CARES
18 Act (Public Law 116–136), is amended by striking ‘‘Not
19 Later than’’ and inserting ‘‘Not later than’’.
20 (f) Section 831(f) of the Public Health Service Act, as
21 redesignated by section 3404(a)(6)(E) and amended by sec-
22 tion 3404(a)(6)(G) of division A of the CARES Act (Public
23 Law 116–136), is amended by striking ‘‘a health care facil-
24 ity, or a partnership of such a school and facility’’.
•HR 925 EAH
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1 (g) Section 846(i) of the Public Health Service Act,
2 as amended by section 3404(a)(8)(C) of division A of the
3 CARES Act (Public Law 116–136), is amended by striking
4 ‘‘871(b),,’’ and inserting ‘‘871(b),’’.
5 (h) Section 3606(a)(1)(A) of division A of the CARES
6 Act (Public Law 116–136) is amended by striking ‘‘In gen-
7 eral’’ and inserting ‘‘IN GENERAL’’.
8 (i) Section 3856(b)(1) of division A of the CARES Act
9 (Public Law 116–136) is amended to read as follows:
10 ‘‘(1) IN GENERAL.—Section 905(b)(4) of the
11 FDA Reauthorization Act of 2017 (Public Law 115–
12 52) is amended by striking ‘Section 744H(e)(2)(B) of
13 the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
14 379j–52(e)(2)(B))’ and inserting ‘Section
15 744H(f)(2)(B) of the Federal Food, Drug, and Cos-
16 metic Act, as redesignated by section 403(c)(1) of this
17 Act,’.’’.
18 TITLE VI—PUBLIC HEALTH
19 ASSISTANCE
20 SEC. 601. DEFINITION.
21 In this title, the term ‘‘Secretary’’ means the Secretary
22 of Health and Human Services.
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1 Subtitle A—Assistance to Providers
2 and Health System
3 SEC. 611. HEALTH CARE PROVIDER RELIEF FUND.
4 (a) IN GENERAL.—Not later than 7 days after the date
5 of enactment of this Act, the Secretary, acting through the
6 Administrator of the Health Resources and Services Admin-
7 istration, shall establish a program under which the Sec-
8 retary shall reimburse, through grants or other mechanisms,
9 eligible health care providers for eligible expenses or lost rev-
10 enues occurring during calendar quarters beginning on or
11 after January 1, 2020, to prevent, prepare for, and respond
12 to COVID–19, in an amount calculated under subsection
13 (c).
14 (b) QUARTERLY BASIS.—
15 (1) SUBMISSION OF APPLICATIONS.—The Sec-
16 retary shall give applicants a period of 7 calendar
17 days after the close of a quarter to submit applica-
18 tions under this section with respect to such quarter,
19 except that the Secretary shall give applicants a pe-
20 riod of 7 calendar days after the date of enactment
21 of this Act to submit applications with respect to the
22 quarters beginning on January 1 and April 1, 2020,
23 if the applicant has not previously submitted an ap-
24 plication with the respect to such quarters.
•HR 925 EAH
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1 (2) REVIEW AND PAYMENT.—The Secretary
2 shall—
3 (A) review applications and make awards
4 of reimbursement under this section on a quar-
5 terly basis; and
6 (B) award the reimbursements under this
7 section for a quarter not later than 14 calendar
8 days after the close of the quarter, except that the
9 Secretary shall award the reimbursements under
10 this section for the quarters beginning on Janu-
11 ary 1 and April 1, 2020, not later than 14 cal-
12 endar days after the date of enactment of this
13 Act.
14 (c) CALCULATION.—
15 (1) IN GENERAL.—The amount of the reimburse-
16 ment to an eligible health care provider under this
17 section with respect to a calendar quarter shall
18 equal—
19 (A) the sum of—
20 (i) 100 percent of the eligible expenses,
21 as described in subsection (d), of the pro-
22 vider during the quarter; and
23 (ii) subject to paragraph (3), 60 per-
24 cent of the lost revenues, as described in
•HR 925 EAH
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1 subsection (e), of the provider during the
2 quarter; less
3 (B) any funds that are—
4 (i) received by the provider during the
5 quarter pursuant to the Coronavirus Pre-
6 paredness and Response Supplemental Ap-
7 propriations Act, 2020 (Public Law 116–
8 123), the Families First Coronavirus Re-
9 sponse Act (Public Law 116–127), the
10 CARES Act (Public Law 116–136), or the
11 Paycheck Protection Program and Health
12 Care Enhancement Act (Public Law 116–
13 139); and
14 (ii) not required to be repaid.
15 (2) CARRYOVER.—If the amount determined
16 under paragraph (1)(B) for a calendar quarter with
17 respect to an eligible health care provider exceeds the
18 amount determined under paragraph (1)(A) with re-
19 spect to such provider and quarter, the amount of
20 such difference shall be applied in making the cal-
21 culation under this subsection, over each subsequent
22 calendar quarter for which the eligible health care
23 provider seeks reimbursement under this section.
24 (3) LOST REVENUE LIMITATION.—If the amount
25 determined under subsection (e) with respect to the
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1 lost revenue of an eligible health care provider for a
2 calendar quarter does not exceed an amount that
3 equals 10 percent of the net patient revenue (as de-
4 fined in such subsection) of the provider for the cor-
5 responding quarter in 2019, the addend under para-
6 graph (1)(A)(ii), in making the calculation under
7 paragraph (1), is deemed to be zero.
8 (d) ELIGIBLE EXPENSES.—Subject to subsection
9 (h)(1), expenses eligible for reimbursement under this sec-
10 tion include expenses for—
11 (1) building or construction of temporary struc-
12 tures;
13 (2) leasing of properties;
14 (3) medical supplies and equipment including
15 personal protective equipment;
16 (4) in vitro diagnostic tests, serological tests, or
17 testing supplies;
18 (5) increased workforce and trainings;
19 (6) emergency operation centers;
20 (7) construction or retrofitting of facilities;
21 (8) mobile testing units;
22 (9) surge capacity;
23 (10) retention of workforce; and
•HR 925 EAH
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1 (11) such other items and services as the Sec-
2 retary determines to be appropriate, in consultation
3 with relevant stakeholders.
4 (e) LOST REVENUES.—
5 (1) IN GENERAL.—Subject to subsection (h)(1),
6 for purposes of subsection (c)(1)(A)(ii), the lost reve-
7 nues of an eligible health care provider, with respect
8 to the calendar quarter involved, shall be equal to—
9 (A) net patient revenue of the provider for
10 the corresponding quarter in 2019 minus net pa-
11 tient revenue of the provider for such quarter;
12 less
13 (B) the savings of the provider during the
14 calendar quarter involved attributable to fore-
15 gone wages, payroll taxes, and benefits of per-
16 sonnel who were furloughed or laid off by the
17 provider during that quarter.
18 (2) NET PATIENT REVENUE DEFINED.—For pur-
19 poses of paragraph (1)(A), the term ‘‘net patient rev-
20 enue’’, with respect to an eligible health care provider
21 and a calendar quarter, means the sum of—
22 (A) 200 percent of the total amount of reim-
23 bursement received by the provider during the
24 quarter for all items and services furnished
25 under a State plan or a waiver of a State plan
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1 under title XIX of the Social Security Act (42
2 U.S.C. 1396 et seq.);
3 (B) 125 percent of the total amount of reim-
4 bursement received by the provider during the
5 quarter for all items and services furnished
6 under title XVIII of the Social Security Act (42
7 U.S.C. 1395 et seq.); and
8 (C) 100 percent of the total amount of reim-
9 bursement not described in subparagraph (A) or
10 (B) received by the provider during the quarter
11 for all items and services.
12 (f) INSUFFICIENT FUNDS FOR A QUARTER.—If there
13 are insufficient funds made available to reimburse all eligi-
14 ble health care providers for all eligible expenses and lost
15 revenues for a quarter in accordance with this section, the
16 Secretary shall—
17 (1) prioritize reimbursement of eligible expenses;
18 and
19 (2) using the entirety of the remaining funds,
20 uniformly reduce the percentage of lost revenues other-
21 wise applicable under subsection (c)(1)(A)(ii) to the
22 extent necessary to reimburse a portion of the lost rev-
23 enues of all eligible health care providers applying for
24 reimbursement.
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1 (g) APPLICATION.—A health care provider seeking re-
2 imbursement under this section for a calendar quarter shall
3 submit to the Secretary an application that—
4 (1) provides documentation demonstrating that
5 the health care provider is an eligible health care pro-
6 vider;
7 (2) includes a valid tax identification number of
8 the health care provider or, if the health care provider
9 does not have a valid tax identification number, an
10 employer identification number or such other identi-
11 fication number as the Secretary may accept or may
12 assign;
13 (3) attests to the eligible expenses and lost reve-
14 nues of the health care provider, as described in sub-
15 section (d), occurring during the calendar quarter;
16 (4) includes an itemized listing of each such eli-
17 gible expense, including expenses incurred in pro-
18 viding uncompensated care;
19 (5) for purposes of subsection (c)(3), attests to
20 whether the amount determined under subsection (e)
21 with respect to the lost revenue of an eligible health
22 care provider for a calendar quarter exceeds an
23 amount that equals 10 percent of the net patient rev-
24 enue (as defined in such subsection) of the provider
25 for the corresponding quarter in 2019;
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1 (6) includes projections of the eligible expenses
2 and lost revenues of the health care provider, as de-
3 scribed in subsection (c), for the calendar quarter that
4 immediately follows the calendar quarter for which
5 reimbursement is sought; and
6 (7) indicates the dollar amounts described in
7 each of subparagraphs (A) and (B) of subsection
8 (e)(1) and subparagraphs (A), (B), and (C) of sub-
9 section (e)(2) for the calendar quarter and any other
10 information the Secretary determines necessary to de-
11 termine expenses and lost revenue related to COVID–
12 19.
13 (h) LIMITATIONS.—
14 (1) NO DUPLICATIVE REIMBURSEMENT.—The
15 Secretary may not provide, and a health care pro-
16 vider may not accept, reimbursement under this sec-
17 tion for expenses or losses with respect to which—
18 (A) the eligible health care provider is reim-
19 bursed from other sources; or
20 (B) other sources are obligated to reimburse
21 the provider.
22 (2) NO EXECUTIVE COMPENSATION.—Reimburse-
23 ment for eligible expenses (as described in subsection
24 (d)) and lost revenues (as described in subsection (e))
25 shall not include compensation or benefits, including
•HR 925 EAH
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1 salary, bonuses, awards of stock, or other financial
2 benefits, for an officer or employee described in sec-
3 tion 4004(a)(2) of the CARES Act (Public Law 116–
4 136).
5 (i) NO BALANCE BILLING AS CONDITION OF RECEIPT
6 OF FUNDS.—
7 (1) PROTECTING INDIVIDUALS ENROLLED IN
8 HEALTH PLANS.—As a condition of receipt of reim-
9 bursement under this section, a health care provider,
10 in the case such provider furnishes during the emer-
11 gency period described in section 1135(g)(1)(B) of the
12 Social Security Act (42 U.S.C. 1320b–5(g)(1)(B))
13 (whether before, on, or after, the date on which the
14 provider submits an application under this section) a
15 medically necessary item or service described in sub-
16 paragraph (A), (B), or (C) of paragraph (3) to an in-
17 dividual who is described in such subparagraph (A),
18 (B), or (C), respectively, and enrolled in a group
19 health plan or group or individual health insurance
20 coverage offered by a health insurance issuer (includ-
21 ing grandfathered health plans as defined in section
22 1251(e) of the Patient Protection and Affordable Care
23 Act (42 U.S.C. 18011(e)) and such provider is a non-
24 participating provider, with respect to such plan or
25 coverage or with respect to such item or service, and
•HR 925 EAH
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1 such plan or coverage and such items and services
2 would otherwise be covered under such plan if fur-
3 nished by a participating provider—
4 (A) may not bill or otherwise hold liable
5 such individual for a payment amount for such
6 item or service that is more than the cost-sharing
7 amount that would apply under such plan or
8 coverage for such item or service if such provider
9 furnishing such service were a participating pro-
10 vider with respect to such plan or coverage;
11 (B) shall reimburse such individual in a
12 timely manner for any amount for such item or
13 service paid by the individual to such provider
14 in excess of such cost-sharing amount;
15 (C) shall submit any claim for such item or
16 service directly to the plan or coverage; and
17 (D) shall not bill the individual for such
18 cost-sharing amount until such individual is in-
19 formed by the plan or coverage of the required
20 payment amount.
21 (2) PROTECTING UNINSURED INDIVIDUALS.—As
22 a condition of receipt by a health care provider of re-
23 imbursement under this section, if the health care
24 provider furnishes any medically necessary item or
25 service described in subparagraph (A), (B), or (C) of
•HR 925 EAH
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1 paragraph (3) during the emergency period described
2 in section 1135(g)(1)(B) of the Social Security Act
3 (42 U.S.C. 1320b-5(g)(1)(B)) (whether before, on, or
4 after, the date on which the provider submits an ap-
5 plication under this section) to an uninsured indi-
6 vidual who is described in such subparagraph (A),
7 (B), or (C), respectively, the health care provider—
8 (A) shall submit a claim for purposes of re-
9 imbursement, with respect to such item or serv-
10 ice—
11 (i) from the uninsured portal estab-
12 lished pursuant to the provider relief fund
13 established through the Public Health and
14 Social Services Emergency Fund under the
15 Coronavirus Aid, Relief, and Economic Se-
16 curity Act (Public Law 116–136), or pursu-
17 ant to activities authorized under section
18 2812 of the Public Health Service Act (42
19 U.S.C. 300hh–11) under the Public Health
20 and Social Services Emergency Fund under
21 the Families First Coronavirus Response
22 Act (Public Law 116–127); or
23 (ii) if applicable, under this section
24 with respect to expenses incurred in pro-
25 viding uncompensated care (as described in
•HR 925 EAH
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1 subsection (g)(4)) with respect to such med-
2 ical care); and
3 (B) if such claim is eligible for such reim-
4 bursement—
5 (i) shall consider the amount of such
6 reimbursement as payment in full with re-
7 spect to such item or service so furnished to
8 such individual;
9 (ii) may not bill or otherwise hold lia-
10 ble such individual for any payment for
11 such item or service so furnished to such in-
12 dividual; and
13 (iii) shall reimburse such individual in
14 a timely manner for any amount for such
15 item or service paid by the individual to
16 such provider.
17 (3) MEDICALLY NECESSARY ITEMS AND SERVICES
18 DESCRIBED.—For purposes of this subsection, medi-
19 cally necessary items and services described in this
20 paragraph are—
21 (A) medically necessary items and services
22 (including in-person or telehealth visits in which
23 such items and services are furnished) that are
24 furnished to an individual who has been diag-
25 nosed with (or after provision of the items and
•HR 925 EAH
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1 services is diagnosed with) COVID–19 to treat or
2 mitigate the effects of COVID–19;
3 (B) medically necessary items and services
4 (including in-person or telehealth visits in which
5 such items and services are furnished) that are
6 furnished to an individual who is presumed, in
7 accordance with paragraph (4), to have COVID–
8 19 but is never diagnosed as such; and
9 (C) a diagnostic test (and administration of
10 such test) as described in section 6001(a) of divi-
11 sion F of the Families First Coronavirus Re-
12 sponse Act (42 U.S.C. 1320b–5 note) adminis-
13 tered to an individual.
14 (4) PRESUMPTIVE CASE OF COVID–19.—For pur-
15 poses of paragraph (3)(B), an individual shall be pre-
16 sumed to have COVID–19 if the medical record docu-
17 mentation of the individual supports a diagnosis of
18 COVID–19, even if the individual does not have a
19 positive in vitro diagnostic test result in the medical
20 record of the individual.
21 (5) PENALTY.—In the case of an eligible health
22 care provider that is paid a reimbursement under this
23 section and that is in violation of paragraph (1) or
24 (2), in addition to any other penalties that may be
25 prescribed by law, the Secretary may recoup from
•HR 925 EAH
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1 such provider up to the full amount of reimbursement
2 the provider receives under this section.
3 (6) DEFINITIONS.—In this subsection:
4 (A) NONPARTICIPATING PROVIDER.—The
5 term ‘‘nonparticipating provider’’ means, with
6 respect to an item or service and group health
7 plan or group or individual health insurance
8 coverage offered by a health insurance issuer, a
9 health care provider that does not have a con-
10 tractual relationship directly or indirectly with
11 the plan or issuer, respectively, for furnishing
12 such an item or service under the plan or cov-
13 erage.
14 (B) PARTICIPATING PROVIDER.—The term
15 ‘‘participating provider’’ means, with respect to
16 an item or service and group health plan or
17 group or individual health insurance coverage of-
18 fered by a health insurance issuer, a health care
19 provider that has a contractual relationship di-
20 rectly or indirectly with the plan or issuer, re-
21 spectively, for furnishing such an item or service
22 under the plan or coverage.
23 (C) GROUP HEALTH PLAN, HEALTH INSUR-
24 ANCE COVERAGE.—The terms ‘‘group health
25 plan’’, ‘‘health insurance issuer’’, ‘‘group health
•HR 925 EAH
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1 insurance coverage’’, and ‘‘individual health in-
2 surance coverage’’ shall have the meanings given
3 such terms under section 2791 of the Public
4 Health Service Act (42 U.S.C. 300gg–91).
5 (D) UNINSURED INDIVIDUAL.—The term
6 ‘‘uninsured individual’’ shall have the meaning
7 given such term in the Families First
8 Coronavirus Response Act (Public Law 116–127)
9 for purposes of the additional amount made
10 available under such Act to the Public Health
11 and Social Services Emergency Fund for activi-
12 ties authorized under section 2812 of the Public
13 Health Service Act (42 U.S.C. 300hh–11).
14 (j) REPORTS.—
15 (1) AWARD INFORMATION.—In making awards
16 under this section, the Secretary shall post in a
17 searchable, electronic format, a list of all recipients
18 and awards pursuant to funding authorized under
19 this section.
20 (2) REPORTS BY RECIPIENTS.—Each recipient of
21 an award under this section shall, as a condition on
22 receipt of such award, submit reports and maintain
23 documentation, in such form, at such time, and con-
24 taining such information, as the Secretary determines
25 is needed to ensure compliance with this section.
•HR 925 EAH
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1 (3) PUBLIC LISTING OF AWARDS.—The Secretary
2 shall—
3 (A) not later than 7 days after the date of
4 enactment of this Act, post in a searchable, elec-
5 tronic format, a list of all awards made by the
6 Secretary under this section, including the re-
7 cipients and amounts of such awards; and
8 (B) update such list not less than every 7
9 days until all funds made available to carry out
10 this section are expended.
11 (4) INSPECTOR GENERAL REPORT.—
12 (A) IN GENERAL.—Not later than 3 years
13 after final payments are made under this sec-
14 tion, the Inspector General of the Department of
15 Health and Human Services shall transmit a
16 final report on audit findings with respect to the
17 program under this section to the Committee on
18 Energy and Commerce and the Committee on
19 Appropriations of the House of Representatives
20 and the Committee on Health, Education, Labor
21 and Pensions and the Committee on Appropria-
22 tions of the Senate.
23 (B) RULE OF CONSTRUCTION.—Nothing in
24 this paragraph shall be construed as limiting the
25 authority of the Inspector General of the Depart-
•HR 925 EAH
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1 ment of Health and Human Services or the
2 Comptroller General of the United States to con-
3 duct audits of interim payments earlier than the
4 deadline described in subparagraph (A).
5 (k) ELIGIBLE HEALTH CARE PROVIDER DEFINED.—
6 In this section:
7 (1) IN GENERAL.—The term ‘‘eligible health care
8 provider’’ means a health care provider described in
9 paragraph (2) that provides diagnostic or testing
10 services or treatment to individuals with a confirmed
11 or possible diagnosis of COVID–19.
12 (2) HEALTH CARE PROVIDERS DESCRIBED.—A
13 health care provider described in this paragraph is
14 any of the following:
15 (A) A health care provider enrolled as a
16 participating provider under a State plan ap-
17 proved under title XIX of the Social Security Act
18 (42 U.S.C. 1396 et seq.) (or a waiver of such a
19 plan).
20 (B) A provider of services (as defined in
21 subsection (u) of section 1861 of the Social Secu-
22 rity Act (42 U.S.C. 1395x)) or a supplier (as de-
23 fined in subsection (d) of such section) that is
24 enrolled as a participating provider of services
25 or participating supplier under the Medicare
•HR 925 EAH
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1 program under title XVIII of such Act (42
2 U.S.C. 1395 et seq.).
3 (C) A public entity.
4 (D) Any other entity not described in this
5 paragraph as the Secretary may specify.
6 (l) FUNDING.—
7 (1) AUTHORIZATION OF APPROPRIATIONS.—
8 There is authorized to be appropriated for an addi-
9 tional amount to carry out this section
10 $50,000,000,000, to remain available until expended.
11 (2) HEALTH CARE PROVIDER RELIEF FUND.—
12 (A) USE OF APPROPRIATED FUNDS.—
13 (i) IN GENERAL.—In addition to
14 amounts authorized to be appropriated pur-
15 suant to paragraph (1), the unobligated bal-
16 ance of all amounts appropriated to the
17 Health Care Provider Relief Fund shall be
18 made available only to carry out this sec-
19 tion.
20 (ii) AMOUNTS.—For purposes of clause
21 (i), the following amounts are deemed to be
22 appropriated to the Health Care Provider
23 Relief Fund:
24 (I) The unobligated balance of the
25 appropriation of $100,000,000,000 in
•HR 925 EAH
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1 the third paragraph under the heading
2 ‘‘Department of Health and Human
3 Services—Office of the Secretary—
4 Public Health and Social Services
5 Emergency Fund’’ in division B of the
6 CARES Act (Public Law 116–136).
7 (II) The unobligated balance of
8 the appropriation under the heading
9 ‘‘Department of Health and Human
10 Services—Office of the Secretary—
11 Public Health and Social Services
12 Emergency Fund’’ in division B of the
13 Paycheck Protection Program and
14 Health Care Enhancement Act (Public
15 Law 116–139).
16 (B) LIMITATION.—Of the unobligated bal-
17 ances described in subparagraph (A)(ii), the Sec-
18 retary may not make available more than
19 $5,000,000,000 to reimburse eligible health care
20 providers for expenses incurred in providing un-
21 compensated care.
22 (C) FUTURE AMOUNTS.—Any appropria-
23 tion enacted subsequent to the date of enactment
24 of this Act that is made available for reimburs-
25 ing eligible health care providers as described in
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1 subsection (a) shall be made available only to
2 carry out this section.
3 SEC. 612. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT
4 PROGRAM.
5 Part D of title III of the Public Health Service Act
6 (42 U.S.C. 254b et seq.) is amended by adding at the end
7 the following new subpart:
8 ‘‘Subpart XIII—Public Health Workforce
9 ‘‘SEC. 340J. LOAN REPAYMENT PROGRAM.
10 ‘‘(a) ESTABLISHMENT.—The Secretary of Health and
11 Human Services shall establish a program to be known as
12 the Public Health Workforce Loan Repayment Program (re-
13 ferred to in this section as the ‘Program’) to assure an ade-
14 quate supply of and encourage recruitment of public health
15 professionals to eliminate critical public health workforce
16 shortages in local, State, territorial, and Tribal public
17 health agencies.
18 ‘‘(b) ELIGIBILITY.—To be eligible to participate in the
19 Program, an individual shall—
20 ‘‘(1)(A) be accepted for enrollment, or be en-
21 rolled, as a student in an accredited academic edu-
22 cational institution in a State or territory in the
23 final semester or equivalent of a course of study or
24 program leading to a public health degree, a health
25 professions degree or certificate, or a degree in com-
•HR 925 EAH
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1 puter science, information science, information sys-
2 tems, information technology, or statistics and have
3 accepted employment with a local, State, territorial,
4 or Tribal public health agency, or a related training
5 fellowship, as recognized by the Secretary, to com-
6 mence upon graduation; or
7 ‘‘(B)(i) have graduated, during the preceding 10-
8 year period, from an accredited educational institu-
9 tion in a State or territory and received a public
10 health degree, a health professions degree or certifi-
11 cate, or a degree in computer science, information
12 science, information systems, information technology,
13 or statistics; and
14 ‘‘(ii) be employed by, or have accepted employ-
15 ment with, a local, State, territorial, or Tribal public
16 health agency or a related training fellowship, as rec-
17 ognized by the Secretary;
18 ‘‘(2) be a United States citizen;
19 ‘‘(3)(A) submit an application to the Secretary
20 to participate in the Program; and
21 ‘‘(B) execute a written contract as required in
22 subsection (c); and
23 ‘‘(4) not have received, for the same service, a re-
24 duction of loan obligations under section 428K or
•HR 925 EAH
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1 428L of the Higher Education Act of 1965 (20 U.S.C.
2 1078–11, 1078–12).
3 ‘‘(c) CONTRACT.—The written contract referred to in
4 subsection (b)(3)(B) between the Secretary and an indi-
5 vidual shall contain—
6 ‘‘(1) an agreement on the part of the Secretary
7 that the Secretary will repay, on behalf of the indi-
8 vidual, loans incurred by the individual in the pur-
9 suit of the relevant degree or certificate in accordance
10 with the terms of the contract;
11 ‘‘(2) an agreement on the part of the individual
12 that the individual will serve in the full-time employ-
13 ment of a local, State, or Tribal public health agency
14 or a related fellowship program in a position related
15 to the course of study or program for which the con-
16 tract was awarded for a period of time equal to the
17 greater of—
18 ‘‘(A) 2 years; or
19 ‘‘(B) such longer period of time as deter-
20 mined appropriate by the Secretary and the in-
21 dividual;
22 ‘‘(3) an agreement, as appropriate, on the part
23 of the individual to relocate to a priority service area
24 (as determined by the Secretary) in exchange for an
•HR 925 EAH
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1 additional loan repayment incentive amount to be de-
2 termined by the Secretary;
3 ‘‘(4) a provision that any financial obligation of
4 the United States arising out of a contract entered
5 into under this section and any obligation of the indi-
6 vidual that is conditioned thereon, is contingent on
7 funds being appropriated for loan repayments under
8 this section;
9 ‘‘(5) a statement of the damages to which the
10 United States is entitled, under this section for the
11 individual’s breach of the contract; and
12 ‘‘(6) such other statements of the rights and li-
13 abilities of the Secretary and of the individual as the
14 Secretary determines appropriate, not inconsistent
15 with this section.
16 ‘‘(d) PAYMENTS.—
17 ‘‘(1) IN GENERAL.—A loan repayment provided
18 for an individual under a written contract referred to
19 in subsection (b)(3)(B) shall consist of payment, in
20 accordance with paragraph (2), for the individual to-
21 ward the outstanding principal and interest on edu-
22 cation loans incurred by the individual in the pursuit
23 of the relevant degree in accordance with the terms of
24 the contract.
•HR 925 EAH
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1 ‘‘(2) EQUITABLE DISTRIBUTION.—In awarding
2 contracts under this section, the Secretary shall en-
3 sure—
4 ‘‘(A) a certain percentage of contracts are
5 awarded to individuals who are not already
6 working in public health departments;
7 ‘‘(B) an equitable distribution of funds geo-
8 graphically; and
9 ‘‘(C) an equitable distribution among State,
10 local, territorial, and Tribal public health de-
11 partments.
12 ‘‘(3) PAYMENTS FOR YEARS SERVED.—For each
13 year of service that an individual contracts to serve
14 pursuant to subsection (c)(2), the Secretary may pay
15 not more than $35,000 on behalf of the individual for
16 loans described in paragraph (1). With respect to par-
17 ticipants under the Program whose total eligible loans
18 are less than $105,000, the Secretary shall pay an
19 amount that does not exceed 1⁄3 of the eligible loan
20 balance for each year of such service of such indi-
21 vidual.
22 ‘‘(4) TAX LIABILITY.—For purposes of the Inter-
23 nal Revenue Code of 1986, a payment made under
24 this section shall be treated in the same manner as
•HR 925 EAH
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1 an amount received under section 338B(g) of this Act,
2 as described in section 108(f)(4) of such Code.
3 ‘‘(e) POSTPONING OBLIGATED SERVICE.—With respect
4 to an individual receiving a degree or certificate from a
5 health professions or other related school, the date of the ini-
6 tiation of the period of obligated service may be postponed
7 as approved by the Secretary.
8 ‘‘(f) BREACH OF CONTRACT.—An individual who fails
9 to comply with the contract entered into under subsection
10 (c) shall be subject to the same financial penalties as pro-
11 vided for under section 338E of the Public Health Service
12 Act (42 U.S.C. 254o) for breaches of loan repayment con-
13 tracts under section 338B of such Act (42 U.S.C. section
14 254l–1).
15 ‘‘(g) DEFINITION.—For purposes of this section, the
16 term ‘full-time’ means full-time as such term is used in sec-
17 tion 455(m)(3) of the Higher Education Act of 1965.
18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is
19 authorized to be appropriated to carry out this section—
20 ‘‘(1) $100,000,000 for fiscal year 2021; and
21 ‘‘(2) $75,000,000 for fiscal year 2022.’’.
22 SEC. 613. EXPANDING CAPACITY FOR HEALTH OUTCOMES.
23 (a) IN GENERAL.—The Secretary, acting through the
24 Administrator of the Health Resources and Services Admin-
25 istration, shall award grants to eligible entities to develop
•HR 925 EAH
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1 and expand the use of technology-enabled collaborative
2 learning and capacity building models to respond to ongo-
3 ing and real-time learning, health care information shar-
4 ing, and capacity building needs related to COVID–19.
5 (b) ELIGIBLE ENTITIES.—To be eligible to receive a
6 grant under this section, an entity shall have experience
7 providing technology-enabled collaborative learning and ca-
8 pacity building health care services—
9 (1) in rural areas, frontier areas, health profes-
10 sional shortage areas, or medically underserved area;
11 or
12 (2) to medically underserved populations or In-
13 dian Tribes.
14 (c) USE OF FUNDS.—An eligible entity receiving a
15 grant under this section shall use funds received through
16 the grant—
17 (1) to advance quality of care in response to
18 COVID–19, with particular emphasis on rural and
19 underserved areas and populations;
20 (2) to protect medical personnel and first re-
21 sponders through sharing real-time learning through
22 virtual communities of practice;
23 (3) to improve patient outcomes for conditions
24 affected or exacerbated by COVID–19, including im-
•HR 925 EAH
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1 provement of care for patients with complex chronic
2 conditions; and
3 (4) to support rapid uptake by health care pro-
4 fessionals of emerging best practices and treatment
5 protocols around COVID–19.
6 (d) OPTIONAL ADDITIONAL USES OF FUNDS.—An eli-
7 gible entity receiving a grant under this section may use
8 funds received through the grant for—
9 (1) equipment to support the use and expansion
10 of technology-enabled collaborative learning and ca-
11 pacity building models, including hardware and soft-
12 ware that enables distance learning, health care pro-
13 vider support, and the secure exchange of electronic
14 health information;
15 (2) the participation of multidisciplinary expert
16 team members to facilitate and lead technology-en-
17 abled collaborative learning sessions, and profes-
18 sionals and staff assisting in the development and
19 execution of technology-enabled collaborative learning;
20 (3) the development of instructional program-
21 ming and the training of health care providers and
22 other professionals that provide or assist in the provi-
23 sion of services through technology-enabled collabo-
24 rative learning and capacity building models; and
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1 (4) other activities consistent with achieving the
2 objectives of the grants awarded under this section.
3 (e) TECHNOLOGY-ENABLED COLLABORATIVE LEARN-
4 ING AND CAPACITY BUILDING MODEL DEFINED.—In this
5 section, the term ‘‘technology-enabled collaborative learning
6 and capacity building model’’ has the meaning given that
7 term in section 2(7) of the Expanding Capacity for Health
8 Outcomes Act (Public Law 114–270; 130 Stat. 1395).
9 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
10 authorized to be appropriated to carry out this section
11 $20,000,000, to remain available until expended.
12 SEC. 614. ADDITIONAL FUNDING FOR MEDICAL RESERVE
13 CORPS.
14 Section 2813(i) of the Public Health Service Act (42
15 U.S.C. 300hh–15(i)) is amended by striking ‘‘$11,200,000
16 for each of fiscal years 2019 through 2023’’ and inserting
17 ‘‘$31,200,000 for each of fiscal years 2021 and 2022 and
18 $11,200,000 for each of fiscal years 2023 through 2025’’.
19 SEC. 615. GRANTS FOR SCHOOLS OF MEDICINE IN DIVERSE
20 AND UNDERSERVED AREAS.
21 Subpart II of part C of title VII of the Public Health
22 Service Act is amended by inserting after section 749B of
23 such Act (42 U.S.C. 293m) the following:
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1 ‘‘SEC. 749C. SCHOOLS OF MEDICINE IN UNDERSERVED
2 AREAS.
3 ‘‘(a) GRANTS.—The Secretary, acting through the Ad-
4 ministrator of the Health Resources and Services Adminis-
5 tration, may award grants to institutions of higher edu-
6 cation (including multiple institutions of higher education
7 applying jointly) for the establishment, improvement, and
8 expansion of an allopathic or osteopathic school of medicine,
9 or a branch campus of an allopathic or osteopathic school
10 of medicine.
11 ‘‘(b) PRIORITY.—In selecting grant recipients under
12 this section, the Secretary shall give priority to institutions
13 of higher education that—
14 ‘‘(1) propose to use the grant for an allopathic
15 or osteopathic school of medicine, or a branch campus
16 of an allopathic or osteopathic school of medicine, in
17 a combined statistical area with fewer than 200 ac-
18 tively practicing physicians per 100,000 residents ac-
19 cording to the medical board (or boards) of the State
20 (or States) involved;
21 ‘‘(2) have a curriculum that emphasizes care for
22 diverse and underserved populations; or
23 ‘‘(3) are minority-serving institutions described
24 in the list in section 371(a) of the Higher Education
25 Act of 1965.
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1 ‘‘(c) USE OF FUNDS.—The activities for which a grant
2 under this section may be used include—
3 ‘‘(1) planning and constructing—
4 ‘‘(A) a new allopathic or osteopathic school
5 of medicine in an area in which no other school
6 is based; or
7 ‘‘(B) a branch campus of an allopathic or
8 osteopathic school of medicine in an area in
9 which no such school is based;
10 ‘‘(2) accreditation and planning activities for an
11 allopathic or osteopathic school of medicine or branch
12 campus;
13 ‘‘(3) hiring faculty and other staff to serve at an
14 allopathic or osteopathic school of medicine or branch
15 campus;
16 ‘‘(4) recruitment and enrollment of students at
17 an allopathic or osteopathic school of medicine or
18 branch campus;
19 ‘‘(5) supporting educational programs at an
20 allopathic or osteopathic school of medicine or branch
21 campus;
22 ‘‘(6) modernizing infrastructure or curriculum
23 at an existing allopathic or osteopathic school of med-
24 icine or branch campus thereof;
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1 ‘‘(7) expanding infrastructure or curriculum at
2 existing an allopathic or osteopathic school of medi-
3 cine or branch campus; and
4 ‘‘(8) other activities that the Secretary deter-
5 mines further the development, improvement, and ex-
6 pansion of an allopathic or osteopathic school of med-
7 icine or branch campus thereof.
8 ‘‘(d) DEFINITIONS.—In this section:
9 ‘‘(1) The term ‘branch campus’ means a geo-
10 graphically separate site at least 100 miles from the
11 main campus of a school of medicine where at least
12 one student completes at least 60 percent of the stu-
13 dent’s training leading to a degree of doctor of medi-
14 cine.
15 ‘‘(2) The term ‘institution of higher education’
16 has the meaning given to such term in section 101(a)
17 of the Higher Education Act of 1965.
18 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To carry
19 out this section, there is authorized to be appropriated
20 $1,000,000,000, to remain available until expended.’’.
21 SEC. 616. GAO STUDY ON PUBLIC HEALTH WORKFORCE.
22 (a) IN GENERAL.—The Comptroller General of the
23 United States shall conduct a study on the public health
24 workforce in the United States during the COVID–19 pan-
25 demic.
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1 (b) TOPICS.—The study under subsection (a) shall ad-
2 dress—
3 (1) existing gaps in the Federal, State, local,
4 Tribal, and territorial public health workforce, in-
5 cluding—
6 (A) epidemiological and disease interven-
7 tion specialists needed during the pandemic for
8 contact tracing, laboratory technicians necessary
9 for testing, community health workers for com-
10 munity supports and services, and other staff
11 necessary for contact tracing, testing, or surveil-
12 lance activities; and
13 (B) other personnel needed during the
14 COVID–19 pandemic;
15 (2) challenges associated with the hiring, recruit-
16 ment, and retention of the Federal, State, local, Trib-
17 al, and territorial public health workforce; and
18 (3) recommended steps the Federal Government
19 should take to improve hiring, recruitment, and reten-
20 tion of the public health workforce.
21 (c) REPORT.—Not later than December 1, 2022, the
22 Comptroller General shall submit to the Congress a report
23 on the findings of the study conducted under this section.
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1 SEC. 617. LONGITUDINAL STUDY ON THE IMPACT OF
2 COVID–19 ON RECOVERED PATIENTS.
3 Part A of title IV of the Public Health Service Act
4 (42 U.S.C. 281 et seq.) is amended by adding at the end
5 the following:
6 ‘‘SEC. 404O. LONGITUDINAL STUDY ON THE IMPACT OF
7 COVID–19 ON RECOVERED PATIENTS.
8 ‘‘(a) IN GENERAL.—The Director of NIH, in consulta-
9 tion with the Director of the Centers for Disease Control
10 and Prevention, shall conduct a longitudinal study, over
11 not less than 10 years, on the full impact of SARS–CoV–
12 2 or COVID–19 on infected individuals, including both
13 short-term and long-term health impacts.
14 ‘‘(b) TIMING.—The Director of NIH shall begin enroll-
15 ing patients in the study under this section not later than
16 6 months after the date of enactment of this section.
17 ‘‘(c) REQUIREMENTS.—The study under this section
18 shall—
19 ‘‘(1) be nationwide;
20 ‘‘(2) include diversity of enrollees to account for
21 gender, age, race, ethnicity, geography, comorbidities,
22 and underrepresented populations, including preg-
23 nant and lactating women;
24 ‘‘(3) study individuals with COVID–19 who ex-
25 perienced mild symptoms, such individuals who expe-
•HR 925 EAH
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1 rienced moderate symptoms, and such individuals
2 who experienced severe symptoms;
3 ‘‘(4) monitor the health outcomes and symptoms
4 of individuals with COVID–19, or who had prenatal
5 exposure to SARS–CoV–2 or COVID–19, including
6 lung capacity and function, and immune response,
7 taking into account any pharmaceutical interventions
8 such individuals may have received;
9 ‘‘(5) monitor the mental health outcomes of indi-
10 viduals with COVID–19, taking into account any
11 interventions that affected mental health; and
12 ‘‘(6) monitor individuals enrolled in the study
13 not less frequently than twice per year after the first
14 year of the individual’s infection with SARS–CoV–2.
15 ‘‘(d) PUBLIC-PRIVATE RESEARCH NETWORK.—For
16 purposes of carrying out the study under this section, the
17 Director of NIH may develop a network of public-private
18 research partners, provided that all research, including the
19 research carried out through any such partner, is available
20 publicly.
21 ‘‘(e) SUMMARIES OF FINDINGS.—The Director of NIH
22 shall make public a summary of findings under this section
23 not less frequently than once every 3 months for the first
24 2 years of the study, and not less frequently than every 6
25 months thereafter. Such summaries may include informa-
•HR 925 EAH
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1 tion about how the findings of the study under this section
2 compare with findings from research conducted abroad.
3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is
4 authorized to be appropriated to carry out this section
5 $200,000,000, to remain available until expended.’’.
6 SEC. 618. RESEARCH ON THE MENTAL HEALTH IMPACT OF
7 COVID–19.
8 (a) IN GENERAL.—The Secretary, acting through the
9 Director of the National Institute of Mental Health, shall
10 conduct or support research on the mental health con-
11 sequences of SARS–CoV–2 or COVID–19.
12 (b) USE OF FUNDS.—Research under subsection (a)
13 may include the following:
14 (1) Research on the mental health impact of
15 SARS–CoV–2 or COVID–19 on health care providers,
16 including—
17 (A) traumatic stress;
18 (B) psychological distress; and
19 (C) psychiatric disorders.
20 (2) Research on the impact of SARS–CoV–2 or
21 COVID–19 stressors on mental health over time.
22 (3) Research to strengthen the mental health re-
23 sponse to SARS–CoV–2 or COVID–19, including
24 adapting to and maintaining or providing additional
25 services for new or increasing mental health needs.
•HR 925 EAH
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1 (4) Research on the reach, efficiency, effective-
2 ness, and quality of digital mental health interven-
3 tions.
4 (5) Research on effectiveness of strategies for im-
5 plementation and delivery of evidence-based mental
6 health interventions and services for underserved pop-
7 ulations.
8 (6) Research on suicide prevention.
9 (c) RESEARCH COORDINATION.—The Secretary shall
10 coordinate activities under this section with similar activi-
11 ties conducted by national research institutes and centers
12 of the National Institutes of Health to the extent that such
13 institutes and centers have responsibilities that are related
14 to the mental health consequences of SARS–CoV–2 or
15 COVID–19.
16 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry
17 out this section, there is authorized to be appropriated
18 $200,000,000, to remain available until expended.
19 SEC. 619. EMERGENCY MENTAL HEALTH AND SUBSTANCE
20 USE TRAINING AND TECHNICAL ASSISTANCE
21 CENTER.
22 Subpart 3 of part B of title V of the Public Health
23 Service Act (42 U.S.C. 290bb–31 et seq.) is amended by in-
24 serting after section 520A (42 U.S.C. 290bb–32) the fol-
25 lowing:
•HR 925 EAH
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1 ‘‘SEC. 520B. EMERGENCY MENTAL HEALTH AND SUBSTANCE
2 USE TRAINING AND TECHNICAL ASSISTANCE
3 CENTER.
4 ‘‘(a) ESTABLISHMENT.—The Secretary, acting through
5 the Assistant Secretary, shall establish or operate a center
6 to be known as the Emergency Mental Health and Sub-
7 stance Use Training and Technical Assistance Center (re-
8 ferred to in this section as the ‘Center’) to provide technical
9 assistance and support—
10 ‘‘(1) to public or nonprofit entities seeking to es-
11 tablish or expand access to mental health and sub-
12 stance use prevention, treatment, and recovery sup-
13 port services, and increase awareness of such services;
14 and
15 ‘‘(2) to public health professionals, health care
16 professionals and support staff, essential workers (as
17 defined by a State, Tribe, locality, or territory), and
18 members of the public to address the trauma, stress,
19 and mental health needs associated with an emer-
20 gency period.
21 ‘‘(b) ASSISTANCE AND SUPPORT.—The assistance and
22 support provided under subsection (a) shall include assist-
23 ance and support with respect to—
24 ‘‘(1) training on identifying signs of trauma,
25 stress, and mental health needs;
•HR 925 EAH
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1 ‘‘(2) providing accessible resources to assist indi-
2 viduals and families experiencing trauma, stress, or
3 other mental health needs during and after an emer-
4 gency period;
5 ‘‘(3) providing resources for substance use dis-
6 order prevention, treatment, and recovery designed to
7 assist individuals and families during and after an
8 emergency period;
9 ‘‘(4) the provision of language access services, in-
10 cluding translation services, interpretation, or other
11 such services for individuals with limited English
12 speaking proficiency or people with disabilities; and
13 ‘‘(5) evaluation and improvement, as necessary,
14 of the effectiveness of such services provided by public
15 or nonprofit entities.
16 ‘‘(c) BEST PRACTICES.—The Center shall periodically
17 issue best practices for use by organizations seeking to pro-
18 vide mental health services or substance use disorder pre-
19 vention, treatment, or recovery services to individuals dur-
20 ing and after an emergency period.
21 ‘‘(d) EMERGENCY PERIOD.—In this section, the term
22 ‘emergency period’ has the meaning given such term in sec-
23 tion 1135(g)(1)(A) of the Social Security Act.
•HR 925 EAH
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is
2 authorized to be appropriated to carry out this section
3 $20,000,000 for each of fiscal years 2021 and 2022.’’.
4 SEC. 620. IMPORTANCE OF THE BLOOD AND PLASMA SUP-
5 PLY.
6 (a) IN GENERAL.—Section 3226 of the CARES Act
7 (Public Law 116–136) is amended—
8 (1) in the section heading after ‘‘BLOOD’’ by in-
9 serting ‘‘AND PLASMA’’; and
10 (2) by inserting after ‘‘blood’’ each time it ap-
11 pears ‘‘and plasma’’.
12 (b) CONFORMING AMENDMENT.—The item relating to
13 section 3226 in the table of contents in section 2 of the
14 CARES Act (Public Law 116–136) is amended to read as
15 follows:
‘‘Sec. 3226. Importance of the blood and plasma supply.’’.
16 Subtitle B—Assistance for
17 Individuals and Families
18 SEC. 631. REIMBURSEMENT FOR ADDITIONAL HEALTH
19 SERVICES RELATING TO CORONAVIRUS.
20 Title V of division A of the Families First Coronavirus
21 Response Act (Public Law 116–127; 134 Stat. 182) is
22 amended under the heading ‘‘Department of Health and
23 Human Services—Office of the Secretary—Public Health
24 and Social Services Emergency Fund’’ by inserting ‘‘, or
25 treatment related to SARS–CoV–2 or COVID–19 for unin-
•HR 925 EAH
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1 sured individuals’’ after ‘‘or visits described in paragraph
2 (2) of such section for uninsured individuals’’.
3 SEC. 632. CENTERS FOR DISEASE CONTROL AND PREVEN-
4 TION COVID–19 RESPONSE LINE.
5 (a) IN GENERAL.—During the public health emergency
6 declared by the Secretary pursuant to section 319 of the
7 Public Health Service Act (42 U.S.C. 247d) on January
8 31, 2020, with respect to COVID–19, the Secretary, acting
9 through the Director of the Centers for Disease Control and
10 Prevention, shall maintain a toll-free telephone number to
11 address public health queries, including questions con-
12 cerning COVID–19.
13 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry
14 out this section, there is authorized to be appropriated
15 $10,000,000, to remain available until expended.
16 SEC. 633. GRANTS TO ADDRESS SUBSTANCE USE DURING
17 COVID–19.
18 (a) IN GENERAL.—The Assistant Secretary for Mental
19 Health and Substance Use of the Department of Health and
20 Human Services (in this section referred to as the ‘‘Assist-
21 ant Secretary’’), in consultation with the Director of the
22 Centers for Disease Control and Prevention, shall award
23 grants to States, political subdivisions of States, Tribes,
24 Tribal organizations, and community-based entities to ad-
25 dress the harms of drug misuse, including by—
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1 (1) preventing and controlling the spread of in-
2 fectious diseases, such as HIV/AIDS and viral hepa-
3 titis, and the consequences of such diseases for indi-
4 viduals with substance use disorder;
5 (2) connecting individuals at risk for or with a
6 substance use disorder to overdose education, coun-
7 seling, and health education; or
8 (3) encouraging such individuals to take steps to
9 reduce the negative personal and public health im-
10 pacts of substance use or misuse during the emergency
11 period.
12 (b) CONSIDERATIONS.—In awarding grants under this
13 section, the Assistant Secretary shall prioritize grants to
14 applicants proposing to serve areas with—
15 (1) a high proportion of people who meet criteria
16 for dependence on or abuse of illicit drugs who have
17 not received any treatment;
18 (2) high drug overdose death rates;
19 (3) high telemedicine infrastructure needs; and
20 (4) high behavioral health and substance use dis-
21 order workforce needs.
22 (c) DEFINITION.—In this section, the term ‘‘emergency
23 period’’ has the meaning given to such term in section
24 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–
25 5(g)(1)(B))).
•HR 925 EAH
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry
2 out this section, there is authorized to be appropriated
3 $10,000,000, to remain available until expended.
4 SEC. 634. GRANTS TO SUPPORT INCREASED BEHAVIORAL
5 HEALTH NEEDS DUE TO COVID–19.
6 (a) IN GENERAL.—The Secretary, acting through the
7 Assistant Secretary of Mental Health and Substance Use,
8 shall award grants to States, political subdivisions of
9 States, Indian Tribes and Tribal organizations, commu-
10 nity-based entities, and primary care and behavioral health
11 organizations to address behavioral health needs caused by
12 the public health emergency declared pursuant to section
13 319 of the Public Health Service Act (42 U.S.C. 247d) with
14 respect to COVID–19.
15 (b) USE OF FUNDS.—An entity that receives a grant
16 under subsection (a) may use funds received through such
17 grant to—
18 (1) increase behavioral health treatment and pre-
19 vention capacity, including to—
20 (A) promote coordination among local enti-
21 ties;
22 (B) train the behavioral health workforce,
23 relevant stakeholders, and community members;
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1 (C) upgrade technology to support effective
2 delivery of health care services through telehealth
3 modalities;
4 (D) purchase medical supplies and equip-
5 ment for behavioral health treatment entities and
6 providers;
7 (E) address surge capacity for behavioral
8 health needs such as through mobile units; and
9 (F) promote collaboration between primary
10 care and mental health providers; and
11 (2) support or enhance behavioral health services,
12 including—
13 (A) emergency crisis intervention, including
14 mobile crisis units, 24/7 crisis call centers, and
15 medically staffed crisis stabilization programs;
16 (B) screening, assessment, diagnosis, and
17 treatment;
18 (C) mental health awareness trainings;
19 (D) evidence-based suicide prevention;
20 (E) evidence-based integrated care models;
21 (F) community recovery supports;
22 (G) outreach to underserved and minority
23 communities; and
24 (H) for front line health care workers.
•HR 925 EAH
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1 (c) PRIORITY.—The Secretary shall give priority to
2 applicants proposing to serve areas with a high number of
3 COVID–19 cases.
4 (d) EVALUATION.—An entity that receives a grant
5 under this section shall prepare and submit an evaluation
6 to the Secretary at such time, in such manner, and con-
7 taining such information as the Secretary may reasonably
8 require, including—
9 (1) an evaluation of activities carried out with
10 funds received through the grant; and
11 (2) a process and outcome evaluation.
12 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry
13 out this section, there is authorized to be appropriated
14 $50,000,000 for each of fiscal years 2021 and 2022, to re-
15 main available until expended.
16 Subtitle C—Assistance to Tribes
17 SEC. 641. IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC
18 HEALTH SECURITY.
19 Section 319C–1 of the Public Health Service Act (42
20 U.S.C. 247d–3a) is amended—
21 (1) in the section heading, by striking ‘‘AND
22 LOCAL’’ and inserting ‘‘, LOCAL, AND TRIBAL’’;
23 (2) in subsection (b)—
24 (A) in paragraph (1)—
•HR 925 EAH
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1 (i) in subparagraph (B), by striking
2 ‘‘or’’ at the end;
3 (ii) in subparagraph (C), by striking
4 ‘‘and’’ at the end and inserting ‘‘or’’; and
5 (iii) by adding at the end the fol-
6 lowing:
7 ‘‘(D) be an Indian Tribe, Tribal organization, or
8 a consortium of Indian Tribes or Tribal organiza-
9 tions; and’’; and
10 (B) in paragraph (2)—
11 (i) in the matter preceding subpara-
12 graph (A), by inserting ‘‘, as applicable’’
13 after ‘‘including’’;
14 (ii) in subparagraph (A)(viii)—
15 (I) by inserting ‘‘and Tribal’’
16 after ‘‘with State’’;
17 (II) by striking ‘‘(as defined in
18 section 8101 of the Elementary and
19 Secondary Education Act of 1965)’’
20 and inserting ‘‘and Tribal educational
21 agencies (as defined in sections 8101
22 and 6132, respectively, of the Elemen-
23 tary and Secondary Education Act of
24 1965)’’; and
•HR 925 EAH
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1 (III) by inserting ‘‘and Tribal’’
2 after ‘‘and State’’;
3 (iii) in subparagraph (G), by striking
4 ‘‘and tribal’’ and inserting ‘‘Tribal, and
5 urban Indian organization’’; and
6 (iv) in subparagraph (H), by inserting
7 ‘‘, Indian Tribes, and urban Indian organi-
8 zations’’ after ‘‘public health’’;
9 (3) in subsection (e), by inserting ‘‘Indian
10 Tribes, Tribal organizations, urban Indian organiza-
11 tions,’’ after ‘‘local emergency plans,’’;
12 (4) in subsection (g)(1), by striking ‘‘tribal offi-
13 cials’’ and inserting ‘‘Tribal officials’’;
14 (5) in subsection (h)—
15 (A) in paragraph (1)(A)—
16 (i) by striking ‘‘through 2023’’ and in-
17 serting ‘‘and 2020’’; and
18 (ii) by inserting before the period ‘‘;
19 and $690,000,000 for each of fiscal years
20 2021 through 2024 for awards pursuant to
21 paragraph (3) (subject to the authority of
22 the Secretary to make awards pursuant to
23 paragraphs (4) and (5)) and paragraph (8),
24 of which not less than $5,000,000 shall be
•HR 925 EAH
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1 reserved each fiscal year for awards under
2 paragraph (8)’’;
3 (B) in paragraph (2)(B), by striking ‘‘trib-
4 al public’’ and inserting ‘‘Tribal public’’;
5 (C) in the heading of paragraph (3), by in-
6 serting ‘‘FOR STATES’’ after ‘‘AMOUNT’’; and
7 (D) by adding at the end the following:
8 ‘‘(8) TRIBAL ELIGIBLE ENTITIES.—
9 ‘‘(A) DETERMINATION OF FUNDING
10 AMOUNT.—
11 ‘‘(i) IN GENERAL.—The Secretary shall
12 award at least 10 cooperative agreements
13 under this section, in amounts not less than
14 the minimum amount determined under
15 clause (ii), to eligible entities described in
16 subsection (b)(1)(D) that submits to the Sec-
17 retary an application that meets the cri-
18 teria of the Secretary for the receipt of such
19 an award and that meets other reasonable
20 implementation conditions established by
21 the Secretary, in consultation with Indian
22 Tribes, for such awards. If the Secretary re-
23 ceives more than 10 applications under this
24 section from eligible entities described in
25 subsection (b)(1)(D) that meet the criteria
•HR 925 EAH
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1 and conditions described in the previous
2 sentence, the Secretary, in consultation with
3 Indian Tribes, may make additional
4 awards under this section to such entities.
5 ‘‘(ii) MINIMUM AMOUNT.—In deter-
6 mining the minimum amount of an award
7 pursuant to clause (i), the Secretary, in
8 consultation with Indian Tribes, shall first
9 determine an amount the Secretary con-
10 siders appropriate for the eligible entity.
11 ‘‘(B) AVAILABLE UNTIL EXPENDED.—
12 Amounts provided to a Tribal eligible entity
13 under a cooperative agreement under this section
14 for a fiscal year and remaining unobligated at
15 the end of such year shall remain available to
16 such entity during the entirety of the perform-
17 ance period, for the purposes for which said
18 funds were provided.
19 ‘‘(C) NO MATCHING REQUIREMENT.—Sub-
20 paragraphs (B), (C), and (D) of paragraph (1)
21 shall not apply with respect to cooperative agree-
22 ments awarded under this section to eligible enti-
23 ties described in subsection (b)(1)(D).’’; and
24 (6) by adding at the end the following:
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1 ‘‘(l) SPECIAL RULES RELATED TO TRIBAL ELIGIBLE
2 ENTITIES.—
3 ‘‘(1) MODIFICATIONS.—After consultation with
4 Indian Tribes, the Secretary may make necessary and
5 appropriate modifications to the program under this
6 section to facilitate the use of the cooperative agree-
7 ment program by eligible entities described in sub-
8 section (b)(1)(D).
9 ‘‘(2) WAIVERS.—
10 ‘‘(A) IN GENERAL.—Except as provided in
11 subparagraph (B), the Secretary may waive or
12 specify alternative requirements for any provi-
13 sion of this section (including regulations) that
14 the Secretary administers in connection with
15 this section if the Secretary finds that the waiver
16 or alternative requirement is necessary for the ef-
17 fective delivery and administration of this pro-
18 gram with respect to eligible entities described in
19 subsection (b)(1)(D).
20 ‘‘(B) EXCEPTION.—The Secretary may not
21 waive or specify alternative requirements under
22 subparagraph (A) relating to labor standards or
23 the environment.
24 ‘‘(3) CONSULTATION.—The Secretary shall con-
25 sult with Indian Tribes and Tribal organizations on
•HR 925 EAH
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1 the design of this program with respect to such Tribes
2 and organizations to ensure the effectiveness of the
3 program in enhancing the security of Indian Tribes
4 with respect to public health emergencies.
5 ‘‘(4) REPORTING.—
6 ‘‘(A) IN GENERAL.—Not later than 2 years
7 after the date of enactment of this subsection,
8 and as an addendum to the biennial evaluations
9 required under subsection (k), the Secretary, in
10 coordination with the Director of the Indian
11 Health Service, shall—
12 ‘‘(i) conduct a review of the implemen-
13 tation of this section with respect to eligible
14 entities described in subsection (b)(1)(D),
15 including any factors that may have lim-
16 ited its success; and
17 ‘‘(ii) submit a report describing the re-
18 sults of the review described in clause (i)
19 to—
20 ‘‘(I) the Committee on Indian Af-
21 fairs, the Committee on Health, Edu-
22 cation, Labor and Pensions, and the
23 Committee on Appropriations of the
24 Senate; and
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1 ‘‘(II) the Subcommittee for Indig-
2 enous Peoples of the United States of
3 the Committee on Natural Resources,
4 the Committee on Energy and Com-
5 merce, and the Committee on Appro-
6 priations of the House of Representa-
7 tives.
8 ‘‘(B) ANALYSIS OF TRIBAL PUBLIC HEALTH
9 EMERGENCY INFRASTRUCTURE LIMITATION.—The
10 Secretary shall include in the initial report sub-
11 mitted under subparagraph (A) a description of
12 any public health emergency infrastructure limi-
13 tation encountered by eligible entities described
14 in subsection (b)(1)(D).’’.
15 SEC. 642. PROVISION OF ITEMS TO INDIAN PROGRAMS AND
16 FACILITIES.
17 (a) STRATEGIC NATIONAL STOCKPILE.—Section
18 319F–2(a)(3)(G) of the Public Health Service Act (42
19 U.S.C. 247d–6b(a)(3)(G)) is amended by inserting ‘‘, and,
20 in the case that the Secretary deploys the stockpile under
21 this subparagraph, ensure, in coordination with the appli-
22 cable States and programs and facilities, that appropriate
23 drugs, vaccines and other biological products, medical de-
24 vices, and other supplies are deployed by the Secretary di-
25 rectly to health programs or facilities operated by the In-
•HR 925 EAH
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1 dian Health Service, an Indian Tribe, a Tribal organiza-
2 tion (as those terms are defined in section 4 of the Indian
3 Self-Determination and Education Assistance Act (25
4 U.S.C. 5304)), or an inter-Tribal consortium (as defined
5 in section 501 of the Indian Self-Determination and Edu-
6 cation Assistance Act (25 U.S.C. 5381)) or through an
7 urban Indian organization (as defined in section 4 of the
8 Indian Health Care Improvement Act), while avoiding du-
9 plicative distributions to such programs or facilities’’ before
10 the semicolon.
11 (b) DISTRIBUTION OF QUALIFIED PANDEMIC OR EPI-
12 DEMIC PRODUCTS TO IHS FACILITIES.—Title III of the
13 Public Health Service Act (42 U.S.C. 241 et seq.) is amend-
14 ed by inserting after section 319F–4 the following:
15 ‘‘SEC. 319F–5. DISTRIBUTION OF QUALIFIED PANDEMIC OR
16 EPIDEMIC PRODUCTS TO INDIAN PROGRAMS
17 AND FACILITIES.
18 ‘‘In the case that the Secretary distributes qualified
19 pandemic or epidemic products (as defined in section
20 319F–3(i)(7)) to States or other entities, the Secretary shall
21 ensure, in coordination with the applicable States and pro-
22 grams and facilities, that, as appropriate, such products are
23 distributed directly to health programs or facilities operated
24 by the Indian Health Service, an Indian Tribe, a Tribal
25 organization (as those terms are defined in section 4 of the
•HR 925 EAH
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1 Indian Self-Determination and Education Assistance Act
2 (25 U.S.C. 5304)), or an inter-Tribal consortium (as de-
3 fined in section 501 of the Indian Self-Determination and
4 Education Assistance Act (25 U.S.C. 5381)) or through an
5 urban Indian organization (as defined in section 4 of the
6 Indian Health Care Improvement Act), while avoiding du-
7 plicative distributions to such programs or facilities.’’.
8 SEC. 643. HEALTH CARE ACCESS FOR URBAN NATIVE VET-
9 ERANS.
10 Section 405 of the Indian Health Care Improvement
11 Act (25 U.S.C. 1645) is amended—
12 (1) in subsection (a)(1), by inserting ‘‘urban In-
13 dian organizations,’’ before ‘‘and tribal organiza-
14 tions’’; and
15 (2) in subsection (c)—
16 (A) by inserting ‘‘urban Indian organiza-
17 tion,’’ before ‘‘or tribal organization’’; and
18 (B) by inserting ‘‘an urban Indian organi-
19 zation,’’ before ‘‘or a tribal organization’’.
20 SEC. 644. TRIBAL SCHOOL FEDERAL INSURANCE PARITY.
21 Section 409 of the Indian Health Care Improvement
22 Act (25 U.S.C. 1647b) is amended by inserting ‘‘or the
23 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
24 et seq.)’’ after ‘‘(25 U.S.C. 450 et seq.)’’.
•HR 925 EAH
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1 SEC. 645. PRC FOR NATIVE VETERANS.
2 Section 405(c) of the Indian Health Care Improvement
3 Act (25 U.S.C. 1645) is amended by inserting before the
4 period at the end the following: ‘‘, regardless of whether such
5 services are provided directly by the Service, an Indian
6 tribe, or tribal organization, through contract health serv-
7 ices, or through a contract for travel described in section
8 213(b)’’.
9 Subtitle D—Public Health
10 Assistance to Essential Workers
11 SEC. 651. CONTAINMENT AND MITIGATION FOR ESSENTIAL
12 WORKERS PROGRAM.
13 (a) PROGRAM.—The Secretary, acting through the Di-
14 rector of the Centers for Disease Control and Prevention
15 and in consultation with the Director of the National Insti-
16 tute for Occupational Safety and Health, shall establish a
17 COVID–19 containment and mitigation for essential work-
18 ers program consisting of awarding grants under subsection
19 (b).
20 (b) GRANTS.—For the purpose of improving essential
21 worker safety, the Secretary—
22 (1) shall award a grant to each State health de-
23 partment; and
24 (2) may award grants on a competitive basis to
25 State, local, Tribal, or territorial health departments.
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1 (c) USE OF FUNDS.—A State, local, Tribal, or terri-
2 torial health department receiving a grant under subsection
3 (b) shall use the grant funds—
4 (1) to purchase or procure personal protective
5 equipment and rapid testing equipment and supplies
6 for distribution to employers of essential workers, in-
7 cluding public employers; or
8 (2) to support the implementation of other work-
9 place safety measures for use in containment and
10 mitigation of COVID–19 transmission among essen-
11 tial workers in their workplaces, including workplaces
12 of public employers.
13 (d) FORMULA GRANTS TO STATE HEALTH DEPART-
14 MENTS.—In making grants under subsection (b)(1), the
15 Secretary shall award funds to each State health depart-
16 ment in accordance with a formula based on overall popu-
17 lation size, essential workers population size, and burden
18 of COVID–19.
19 (e) COMPETITIVE GRANTS TO STATE, LOCAL, TRIBAL,
20 AND TERRITORIAL HEALTH DEPARTMENTS.—In making
21 grants under subsection (b)(2), the Secretary shall give pri-
22 ority to applicants demonstrating a commitment to con-
23 taining and mitigating COVID–19 among racial and eth-
24 nic minority groups who are disproportionately represented
25 in essential worker settings.
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1 (f) NO DUPLICATIVE ASSISTANCE LIMITATION.—The
2 Secretary may not provide, and a State, local, Tribal, or
3 territorial health department, or employer of essential work-
4 ers may not accept, assistance under this section for con-
5 tainment and mitigation of COVID–19 transmission
6 among essential workers in their workplaces with respect
7 to which—
8 (1) the State, local, Tribal, or territorial health
9 department, or employer of essential workers receives
10 assistance from other sources for such purposes; or
11 (2) other sources are obligated to provide assist-
12 ance to such health department or employer for such
13 purposes.
14 (g) TECHNICAL ASSISTANCE.—In carrying out the
15 program under this section, the Secretary shall provide
16 technical assistance to State, local, Tribal, or territorial
17 health departments.
18 (h) REPORT.—No later than 90 days after the date of
19 enactment of this Act, and every 90 days thereafter, the Sec-
20 retary shall submit to the Committee on Energy and Com-
21 merce and the Committee on Education and Labor of the
22 House of Representatives and the Committee on Health,
23 Education, Labor, and Pensions of the Senate a report on
24 the activities funded through this section, including—
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1 (1) the amount expended and the awardees under
2 subsection (b)(1);
3 (2) the amount expended and the awardees under
4 subsection (b)(2);
5 (3) the total amount remaining of the amounts
6 appropriated or otherwise made available to carry
7 out this section under subsection (i); and
8 (4) evaluating the progress of State, local, Trib-
9 al, and territorial health departments in reducing
10 COVID–19 burden among essential workers.
11 (i) CONSULTATION WITH ESSENTIAL EMPLOYERS, ES-
12 SENTIAL WORKERS, AND EMPLOYEE REPRESENTATIVES OF
13 ESSENTIAL WORKERS.—
14 (1) IN GENERAL.—In developing the strategy
15 and program under subsection (a) and in deter-
16 mining criteria for distribution of competitive grants
17 under this section, the Secretary of Health and
18 Human Services, acting through the Director of the
19 Centers for Disease Control and Prevention and in
20 consultation with the Director of the National Insti-
21 tute for Occupational Safety and Health, shall consult
22 in advance with—
23 (A) employers of essential workers;
24 (B) representatives of essential workers; and
•HR 925 EAH
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1 (C) labor organizations representing essen-
2 tial workers.
3 (2) OPTIONAL ADVANCE CONSULTATION.—A
4 State health department may, before receiving fund-
5 ing through a grant under this section, consult with
6 employers of essential workers, representatives of
7 workers, and labor organizations representing essen-
8 tial workers in determining—
9 (A) priorities for the use of such funds; and
10 (B) the distribution of COVID–19 contain-
11 ment and mitigation equipment and supplies.
12 (j) DEFINITIONS.—In this section:
13 (1) The term ‘‘essential worker’’ refers to—
14 (A) the ‘‘essential critical infrastructure
15 workers’’ identified in the Department of Home-
16 land Security’s ‘‘Advisory Memorandum on En-
17 suring Essential Critical Infrastructure Workers
18 Ability to Work During the COVID–19 Re-
19 sponse’’ released on August 18, 2020 (or any suc-
20 cessor document); and
21 (B) workers included as essential workers in
22 executive orders issued by the Governor of a
23 State.
24 (2) The term ‘‘containment and mitigation’’ in-
25 cludes the use of—
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1 (A) personal protective equipment;
2 (B) other protections, including expanding
3 or improving workplace infrastructure through
4 engineering and work practice controls, such as
5 ventilation systems, plexiglass partitions, air fil-
6 ters, and the use of hand sanitizer or sanitation
7 supplies;
8 (C) access to medical evaluations, testing
9 (including rapid testing), and contact tracing;
10 and
11 (D) other related activities or equipment
12 recommended or required by the Director of Cen-
13 ters of Disease Control and Prevention or re-
14 quired pursuant to the Occupational Safety and
15 Health Act of 1970 (29 U.S.C. 651 et seq.) or a
16 State plan approved pursuant to section 18 of
17 that Act (29 U.S.C. 667); and
18 (k) AUTHORIZATION OF APPROPRIATIONS.—To carry
19 out this section, there is authorized to be appropriated
20 $2,000,000,000, to remain available until expended.
21 TITLE VII—VACCINE DEVELOP-
22 MENT, DISTRIBUTION, ADMIN-
23 ISTRATION, AND AWARENESS
24 SEC. 701. DEFINITIONS.
25 In this title:
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1 (1) The term ‘‘ancillary medical supplies’’ in-
2 cludes—
3 (A) vials;
4 (B) bandages;
5 (C) alcohol swabs;
6 (D) syringes;
7 (E) needles;
8 (F) gloves, masks, and other personal pro-
9 tective equipment;
10 (G) cold storage equipment; and
11 (H) other products the Secretary determines
12 necessary for the administration of vaccines.
13 (2) The term ‘‘Secretary’’ means the Secretary of
14 Health and Human Services.
15 SEC. 702. VACCINE AND THERAPEUTIC DEVELOPMENT AND
16 PROCUREMENT.
17 (a) ENHANCING DEVELOPMENT, PROCUREMENT AND
18 MANUFACTURING CAPACITY.—
19 (1) IN GENERAL.—The Secretary shall, as appro-
20 priate, award contracts, grants, and cooperative
21 agreements, and, where otherwise allowed by law,
22 enter into other transactions, for purposes of—
23 (A) expanding and enhancing COVID–19
24 and SARS–CoV–2 vaccine and therapeutic devel-
25 opment and research;
•HR 925 EAH
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1 (B) procurement of COVID–19 and SARS–
2 CoV–2 vaccines, therapeutics, and ancillary
3 medical supplies; and
4 (C) expanding and enhancing capacity for
5 manufacturing vaccines, therapeutics, and ancil-
6 lary medical supplies to prevent the spread of
7 COVID–19 and SARS–CoV–2 and .
8 (2) AUTHORIZATION OF APPROPRIATIONS.—To
9 carry out this subsection, there is authorized to be ap-
10 propriated $20,000,000,000 for the period of fiscal
11 years 2021 through 2025, to remain available until
12 expended.
13 (b) REPORT ON VACCINE MANUFACTURING AND AD-
14 MINISTRATION CAPACITY.—Not later than December 1,
15 2020, the Secretary shall submit to the Committee on En-
16 ergy and Commerce and the Committee on Appropriations
17 of the House of Representatives and the Committee on
18 Health, Education, Labor and Pensions and the Committee
19 on Appropriations of the Senate a report detailing—
20 (1) an assessment of the estimated supply of vac-
21 cines and ancillary medical supplies related to vac-
22 cine administration necessary to control and stop the
23 spread of SARS–CoV–2 and COVID–19, domestically
24 and internationally;
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1 (2) an assessment of current and future domestic
2 capacity for manufacturing vaccines or vaccine can-
3 didates to control or stop the spread of SARS–CoV–
4 2 and COVID–19 and ancillary medical supplies re-
5 lated to the administration of such vaccines, includ-
6 ing—
7 (A) identification of any gaps in capacity
8 for manufacturing; and
9 (B) the effects of shifting manufacturing re-
10 sources to address COVID–19;
11 (3) activities conducted to expand and enhance
12 capacity for manufacturing vaccines, vaccine can-
13 didates, and ancillary medical supplies to levels suffi-
14 cient to control and stop the spread of SARS–CoV–
15 2 and COVID–19, domestically and internationally,
16 including a list and explanation of all contracts,
17 grants, and cooperative agreements awarded, and
18 other transactions entered into, for purposes of such
19 expansion and enhancement and how such activities
20 will help to meet future domestic manufacturing ca-
21 pacity needs;
22 (4) a plan for the ongoing support of enhanced
23 capacity for manufacturing vaccines, vaccine can-
24 didates, and ancillary medical supplies sufficient to
•HR 925 EAH
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1 control and stop the spread of SARS–CoV–2 and
2 COVID–19, domestically and internationally; and
3 (5) a plan to support the distribution and ad-
4 ministration of vaccines approved or authorized by
5 the Food and Drug Administration to control and
6 stop the spread of SARS–CoV–2 and COVID–19, do-
7 mestically and internationally, including Federal
8 workforce enhancements necessary to administer such
9 vaccines.
10 SEC. 703. VACCINE DISTRIBUTION AND ADMINISTRATION.
11 (a) IN GENERAL.—The Secretary, acting through the
12 Director of the Centers for Disease Control and Prevention,
13 shall—
14 (1) conduct activities to enhance, expand, and
15 improve nationwide COVID–19 and SARS–CoV–2
16 vaccine distribution and administration, including
17 activities related to distribution of ancillary medical
18 supplies; and
19 (2) award grants or cooperative agreements to
20 State, local, Tribal, and territorial public health de-
21 partments for enhancement of COVID–19 and SARS–
22 CoV–2 vaccine distribution and administration capa-
23 bilities, including—
24 (A) distribution of vaccines approved or au-
25 thorized by the Food and Drug Administration;
•HR 925 EAH
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1 (B) distribution of ancillary medical sup-
2 plies;
3 (C) workforce enhancements;
4 (D) information technology and data en-
5 hancements, including—
6 (i) enhancements for purposes of main-
7 taining and tracking real-time information
8 related to vaccine distribution and adminis-
9 tration; and
10 (ii) enhancements to improve immuni-
11 zation information systems, including pa-
12 tient matching capabilities and the inter-
13 operability of such systems, that are admin-
14 istered by State, local, Tribal, and terri-
15 torial public health departments and used
16 by health care providers and health care fa-
17 cilities; and
18 (E) facilities enhancements.
19 (b) REPORT TO CONGRESS.—Not later than December
20 31, 2020, and annually thereafter, the Secretary shall sub-
21 mit a report to the Committee on Energy and Commerce
22 and the Committee on Appropriations of the House of Rep-
23 resentatives and the Committee on Health, Education,
24 Labor, and Pensions and the Committee on Appropriations
•HR 925 EAH
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1 of the Senate detailing activities carried out and grants and
2 cooperative agreements awarded under this section.
3 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry
4 out this section, there is authorized to be appropriated
5 $7,000,000,000 for the period of fiscal years 2021 through
6 2025, to remain available until expended.
7 SEC. 704. STOPPING THE SPREAD OF COVID–19 AND OTHER
8 INFECTIOUS DISEASES THROUGH EVIDENCE-
9 BASED VACCINE AWARENESS.
10 (a) IN GENERAL.—The Public Health Service Act is
11 amended by striking section 313 of such Act (42 U.S.C. 245)
12 and inserting the following:
13 ‘‘SEC. 313. PUBLIC AWARENESS CAMPAIGN ON THE IMPOR-
14 TANCE OF VACCINATIONS.
15 ‘‘(a) IN GENERAL.—The Secretary, acting through the
16 Director of the Centers for Disease Control and Prevention
17 and in coordination with other offices and agencies, as ap-
18 propriate, shall award competitive grants or contracts to
19 one or more public or private entities to carry out a na-
20 tional, evidence-based campaign for increasing rates of vac-
21 cination across all ages, as applicable, particularly in com-
22 munities with low rates of vaccination, to reduce and elimi-
23 nate vaccine-preventable diseases by—
24 ‘‘(1) increasing awareness and knowledge of the
25 safety and effectiveness of vaccines approved or au-
•HR 925 EAH
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1 thorized by the Food and Drug Administration for the
2 prevention and control of diseases, including COVID–
3 19;
4 ‘‘(2) combating misinformation about vaccines;
5 and
6 ‘‘(3) disseminating scientific and evidence-based
7 vaccine-related information.
8 ‘‘(b) CONSULTATION.—In carrying out the campaign
9 under this section, the Secretary shall consult with appro-
10 priate public health and medical experts, including the Na-
11 tional Academy of Medicine and medical and public health
12 associations and nonprofit organizations, in the develop-
13 ment, implementation, and evaluation of the campaign
14 under this section.
15 ‘‘(c) REQUIREMENTS.—The campaign under this sec-
16 tion shall—
17 ‘‘(1) be a nationwide, evidence-based media and
18 public engagement initiative;
19 ‘‘(2) include the development of resources for
20 communities with low rates of vaccination, including
21 culturally and linguistically appropriate resources, as
22 applicable;
23 ‘‘(3) include the dissemination of vaccine infor-
24 mation and communication resources to public health
25 departments, health care providers, and health care
•HR 925 EAH
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1 facilities, including such providers and facilities that
2 provide prenatal and pediatric care;
3 ‘‘(4) be complementary to, and coordinated with,
4 any other Federal, State, local, or Tribal efforts;
5 ‘‘(5) assess the effectiveness of communication
6 strategies to increase rates of vaccination; and
7 ‘‘(6) not be used for partisan political purposes,
8 or to express advocacy in support of or to defeat any
9 clearly identified candidate, clearly identified ballot
10 initiative, or clearly identified legislative or regu-
11 latory proposal.
12 ‘‘(d) ADDITIONAL ACTIVITIES.—The campaign under
13 this section may—
14 ‘‘(1) include the use of television, radio, the
15 internet, and other media and telecommunications
16 technologies;
17 ‘‘(2) include the use of in-person activities;
18 ‘‘(3) be focused and directed to address specific
19 needs of communities and populations with low rates
20 of vaccination; and
21 ‘‘(4) include the dissemination of scientific and
22 evidence-based vaccine-related information, such as—
23 ‘‘(A) advancements in evidence-based re-
24 search related to diseases that may be prevented
25 by vaccines and vaccine development;
•HR 925 EAH
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1 ‘‘(B) information on vaccinations for indi-
2 viduals and communities, including individuals
3 for whom vaccines are not recommended by the
4 Advisory Committee for Immunization Practices,
5 and the effects of low vaccination rates within a
6 community on such individuals;
7 ‘‘(C) information on diseases that may be
8 prevented by vaccines; and
9 ‘‘(D) information on vaccine safety and the
10 systems in place to monitor vaccine safety.
11 ‘‘(e) EVALUATION.—The Secretary shall—
12 ‘‘(1) establish benchmarks and metrics to quan-
13 titatively measure and evaluate the campaign under
14 this section;
15 ‘‘(2) conduct qualitative assessments regarding
16 the campaign under this section; and
17 ‘‘(3) prepare and submit to the Committee on
18 Energy and Commerce of the House of Representa-
19 tives and the Committee on Health, Education,
20 Labor, and Pensions of the Senate an evaluation of
21 the campaign under this section.
22 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made
23 available to carry out this section shall be used to supple-
24 ment and not supplant other Federal, State, local, and
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1 Tribal public funds provided for activities described in this
2 section.
3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is
4 authorized to be appropriated to carry out this section
5 $200,000,000 for the period of fiscal years 2021 through
6 2025.’’.
7 (b) GRANTS TO ADDRESS VACCINE-PREVENTABLE DIS-
8 EASES.—Section 317 of the Public Health Service Act (42
9 U.S.C. 247b) is amended—
10 (1) in subsection (k)—
11 (A) in paragraph (1)—
12 (i) in subparagraph (C), by striking ‘‘;
13 and’’ at the end and inserting a semicolon;
14 (ii) in subparagraph (D), by striking
15 the period at the end and inserting a semi-
16 colon; and
17 (iii) by adding at the end the fol-
18 lowing:
19 ‘‘(E) planning, implementation, and evaluation
20 of activities to address vaccine-preventable diseases,
21 including activities—
22 ‘‘(i) to identify communities at high risk of
23 outbreaks related to vaccine-preventable diseases,
24 including through improved data collection and
25 analysis;
•HR 925 EAH
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1 ‘‘(ii) to pilot innovative approaches to im-
2 prove vaccination rates in communities and
3 among populations with low rates of vaccina-
4 tion;
5 ‘‘(iii) to reduce barriers to accessing vac-
6 cines and evidence-based information about the
7 health effects of vaccines;
8 ‘‘(iv) to partner with community organiza-
9 tions and health care providers to develop and
10 deliver evidence-based, culturally and linguis-
11 tically appropriate interventions to increase vac-
12 cination rates;
13 ‘‘(v) to improve delivery of evidence-based
14 vaccine-related information to parents and oth-
15 ers; and
16 ‘‘(vi) to improve the ability of State, local,
17 Tribal, and territorial public health departments
18 to engage communities at high risk for outbreaks
19 related to vaccine-preventable diseases, including,
20 as appropriate, with local educational agencies
21 (as defined in section 8101 of the Elementary
22 and Secondary Education Act of 1965); and
23 ‘‘(F) research related to strategies for improving
24 awareness of scientific and evidence-based vaccine-re-
25 lated information, including for communities with
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1 low rates of vaccination, in order to understand bar-
2 riers to vaccination, improve vaccination rates, and
3 assess the public health outcomes of such strategies.’’;
4 and
5 (B) by adding at the end the following:
6 ‘‘(5) In addition to amounts authorized to be appro-
7 priated by subsection (j) to carry out this subsection, there
8 is authorized to be appropriated to carry out this subsection
9 $750,000,000 for the period of fiscal years 2021 through
10 2025.’’; and
11 (2) by adding at the end the following:
12 ‘‘(n) VACCINATION DATA.—
13 ‘‘(1) IN GENERAL.—The Secretary, acting
14 through the Director of the Centers for Disease Con-
15 trol and Prevention, shall expand and enhance, and,
16 as appropriate, establish and improve, programs and
17 conduct activities to collect, monitor, and analyze
18 vaccination coverage data to assess levels of protection
19 from vaccine-preventable diseases including COVID–
20 19, including by—
21 ‘‘(A) assessing factors contributing to un-
22 derutilization of vaccines and variations of such
23 factors; and
•HR 925 EAH
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1 ‘‘(B) identifying communities at high risk
2 of outbreaks associated with vaccine-preventable
3 diseases.
4 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—
5 There is authorized to be appropriated to carry out
6 this section $50,000,000 for the period of fiscal years
7 2021 through 2025.’’.
8 (c) SUPPLEMENTAL GRANT FUNDS.—Section
9 330(d)(1) of the Public Health Service Act (42 U.S.C.
10 254b(d)(1)) is amended—
11 (1) in subparagraph (F), by striking ‘‘and’’ at
12 the end;
13 (2) in subparagraph (G), by striking the period
14 at the end and inserting ‘‘; and’’; and
15 (3) by adding at the end the following:
16 ‘‘(H) improving access to recommended im-
17 munizations.’’.
18 (d) UPDATE OF 2015 NVAC REPORT.—The National
19 Vaccine Advisory Committee established under section 2105
20 of the Public Health Service Act (42 U.S.C. 300aa–5) shall,
21 as appropriate, update the report entitled, ‘‘Assessing the
22 State of Vaccine Confidence in the United States: Rec-
23 ommendations from the National Vaccine Advisory Com-
24 mittee’’, approved by the National Vaccine Advisory Com-
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1 mittee on June 10, 2015, with respect to factors affecting
2 childhood vaccination.
3 TITLE VIII—OTHER MATTERS
4 SEC. 801. NON-DISCRIMINATION.
5 (a) IN GENERAL.—Notwithstanding any provision of
6 a covered law (or an amendment made in any such provi-
7 sion), no person otherwise eligible shall be excluded from
8 participation in, denied the benefits of, or subjected to dis-
9 crimination in the administration of, programs and serv-
10 ices receiving funding under a covered law (or an amend-
11 ment made by a provision of such a covered law), based
12 on any factor that is not merit-based, such as age, dis-
13 ability, sex (including sexual orientation, gender identity,
14 and pregnancy, childbirth, and related medical conditions),
15 race, color, national origin, immigration status, or religion.
16 (b) COVERED LAW DEFINED.—In this section, the term
17 ‘‘covered law’’ includes—
18 (1) this Act (other than this section);
19 (2) title I of division B of the Paycheck Protec-
20 tion Program and Healthcare Enhancement Act
21 (Public Law 116–139);
22 (3) subtitles A, D, and E of title III of the
23 CARES Act (Public Law 116–136);
24 (4) division F of the Families First Coronavirus
25 Relief Act (Public Law 116–127); and
•HR 925 EAH
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1 (5) division B of the Coronavirus Preparedness
2 and Response Supplemental Appropriations Act,
3 2020 (Public Law 116–123).
4 DIVISION L—VETERANS AND
5 SERVICEMEMBERS PROVISIONS
6 SEC. 101. INCREASE OF AMOUNT OF CERTAIN DEPARTMENT
7 OF VETERANS AFFAIRS PAYMENTS DURING
8 EMERGENCY PERIOD RESULTING FROM
9 COVID–19 PANDEMIC.
10 (a) IN GENERAL.—During the covered period, the Sec-
11 retary of Veterans Affairs shall apply each of the following
12 provisions of title 38, United States Code, by substituting
13 for each of the dollar amounts in such provision the amount
14 equal to 125 percent of the dollar amount that was in effect
15 under such provision on the date of the enactment of this
16 Act:
17 (1) Subsections (l), (m), (r), and (t) of section
18 1114.
19 (2) Paragraph (1)(E) of section 1115.
20 (3) Subsection (c) of section 1311.
21 (4) Subsection (g) of section 1315.
22 (5) Paragraphs (1) and (2) of subsection (d) of
23 section 1521.
24 (6) Paragraphs (2) and (4) of subsection (f) of
25 section 1521.
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1 (b) TREATMENT OF AMOUNTS.—Any amount payable
2 to an individual under subsection (a) in excess of the
3 amount otherwise in effect shall be in addition to any other
4 benefit or any other amount payable to that individual
5 under any provision of law referred to in subsection (a)
6 or any other provision of law administered by the Secretary
7 of Veterans Affairs.
8 (c) COVERED PERIOD.—In this section, the covered pe-
9 riod is the period that begins on the date of the enactment
10 of this Act and ends 60 days after the last day of the emer-
11 gency period (as defined in section 1135(g)(1) of the Social
12 Security Act (42 U.S.C. 1320b-5(g)(1))) resulting from the
13 COVID–19 pandemic.
14 SEC. 102. PROHIBITION ON COPAYMENTS AND COST SHAR-
15 ING FOR VETERANS RECEIVING PREVENTIVE
16 SERVICES RELATING TO COVID–19.
17 (a) PROHIBITION.—The Secretary of Veterans Affairs
18 may not require any copayment or other cost sharing under
19 chapter 17 of title 38, United States Code, for qualifying
20 coronavirus preventive services. The requirement described
21 in this subsection shall take effect with respect to a quali-
22 fying coronavirus preventive service on the specified date.
23 (b) DEFINITIONS.—In this section, the terms ‘‘quali-
24 fying coronavirus preventive service’’ and ‘‘specified date’’
•HR 925 EAH
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1 have the meaning given those terms in section 3203 of the
2 CARES Act (Public Law 116–136).
3 SEC. 103. EMERGENCY TREATMENT FOR VETERANS DURING
4 COVID–19 EMERGENCY PERIOD.
5 (a) EMERGENCY TREATMENT.—Notwithstanding sec-
6 tion 1725 or 1728 of title 38, United States Code, or any
7 other provision of law administered by the Secretary of Vet-
8 erans Affairs pertaining to furnishing emergency treatment
9 to veterans at non-Department facilities, during the period
10 of a covered public health emergency, the Secretary of Vet-
11 erans Affairs shall furnish to an eligible veteran emergency
12 treatment at a non-Department facility in accordance with
13 this section.
14 (b) AUTHORIZATION NOT REQUIRED.—The Secretary
15 may not require an eligible veteran to seek authorization
16 by the Secretary for emergency treatment furnished to the
17 veteran pursuant to subsection (a).
18 (c) PAYMENT RATES.—
19 (1) DETERMINATION.—The rate paid for emer-
20 gency treatment furnished to eligible veterans pursu-
21 ant to subsection (a) shall be equal to the rate paid
22 by the United States to a provider of services (as de-
23 fined in section 1861(u) of the Social Security Act
24 (42 U.S.C. 1395x(u))) or a supplier (as defined in
25 section 1861(d) of such Act (42 U.S.C. 1395x(d)))
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1 under the Medicare program under title XI or title
2 XVIII of the Social Security Act (42 U.S.C. 1301 et
3 seq.), including section 1834 of such Act (42 U.S.C.
4 1395m), for the same treatment.
5 (2) FINALITY.—A payment in the amount pay-
6 able under paragraph (1) for emergency treatment
7 furnished to an eligible veteran pursuant to subsection
8 (a) shall be considered payment in full and shall ex-
9 tinguish the veteran’s liability to the provider of such
10 treatment, unless the provider rejects the payment
11 and refunds to the United States such amount by not
12 later than 30 days after receiving the payment.
13 (d) CLAIMS PROCESSED BY THIRD PARTY ADMINIS-
14 TRATORS.—
15 (1) REQUIREMENT.—Not later than 30 days
16 after the date of the enactment of this Act, the Sec-
17 retary shall seek to award a contract to one or more
18 entities, or to modify an existing contract, to process
19 claims for payment for emergency treatment fur-
20 nished to eligible veterans pursuant to subsection (a).
21 (2) PROMPT PAYMENT STANDARD.—Section
22 1703D of title 38, United States Code, shall apply
23 with respect to claims for payment for emergency
24 treatment furnished to eligible veterans pursuant to
25 subsection (a).
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1 (e) PRIMARY PAYER.—The Secretary shall be the pri-
2 mary payer with respect to emergency treatment furnished
3 to eligible veterans pursuant to subsection (a), and with re-
4 spect to the transportation of a veteran by ambulance. In
5 any case in which an eligible veteran is furnished such
6 emergency treatment for a non-service-connected disability
7 described in subsection (a)(2) of section 1729 of title 38,
8 United States Code, the Secretary shall recover or collect
9 reasonable charges for such treatment from a health plan
10 contract described in such section 1729 in accordance with
11 such section.
12 (f) APPLICATION.—This section shall apply to emer-
13 gency treatment furnished to eligible veterans during the
14 period of a covered public health emergency, regardless of
15 whether treatment was furnished before the date of the en-
16 actment of this Act.
17 (g) DEFINITIONS.—In this section:
18 (1) The term ‘‘covered public health emergency’’
19 means the declaration—
20 (A) of a public health emergency, based on
21 an outbreak of COVID–19 by the Secretary of
22 Health and Human Services under section 319
23 of the Public Health Service Act (42 U.S.C.
24 247d); or
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1 (B) of a domestic emergency, based on an
2 outbreak of COVID–19 by the President, the Sec-
3 retary of Homeland Security, or a State or local
4 authority.
5 (2) The term ‘‘eligible veteran’’ means a veteran
6 enrolled in the health care system established under
7 section 1705 of title 38, United States Code.
8 (3) The term ‘‘emergency treatment’’ means med-
9 ical care or services rendered in a medical emergency
10 of such nature that a prudent layperson reasonably
11 expects that delay in seeking immediate medical at-
12 tention would be hazardous to life or health.
13 (4) The term ‘‘non-Department facility’’ has the
14 meaning given that term in section 1701 of title 38,
15 United States Code.
16 SEC. 104. HUD–VASH PROGRAM.
17 The Secretary of Housing and Urban Development
18 shall take such actions with respect to the supported housing
19 program carried out under section 8(o)(19) of the United
20 States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) in
21 conjunction with the Department of Veterans Affairs (com-
22 monly referred to as ‘‘HUD–VASH’’), and shall require
23 public housing agencies administering assistance under
24 such program to take such actions, as may be appropriate
25 to facilitate the issuance and utilization of vouchers for
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1 rental assistance under such program during the period of
2 the covered public health emergency (as such term is defined
3 in section 1 of this Act), including the following actions:
4 (1) Establishing mechanisms and procedures
5 providing for referral and application documents
6 used under such program to be received by fax, elec-
7 tronic mail, drop box, or other means not requiring
8 in-person contact.
9 (2) Establishing mechanisms and procedures for
10 processing applications for participation in such pro-
11 gram that do not require identification or verification
12 of identity by social security number or photo ID in
13 cases in which closure of governmental offices prevents
14 confirmation or verification of identity by such
15 means.
16 (3) Providing for waiver of requirements to con-
17 duct housing quality standard inspections with re-
18 spect to dwelling units for which rental assistance is
19 provided under such program.
20 SEC. 105. DEFERRAL OF CERTAIN DEBTS ARISING FROM
21 BENEFITS UNDER LAWS ADMINISTERED BY
22 THE SECRETARY OF VETERANS AFFAIRS.
23 (a) IN GENERAL.—During the covered period, the Sec-
24 retary of Veterans Affairs may not—
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1 (1) take any action to collect a covered debt (in-
2 cluding the offset of any payment by the Secretary);
3 (2) record a covered debt;
4 (3) issue notice of a covered debt to a person or
5 a consumer reporting agency;
6 (4) allow any interest to accrue on a covered
7 debt; or
8 (5) apply any administrative fee to a covered
9 debt.
10 (b) EXCEPTION.—Notwithstanding subsection (a), the
11 Secretary may collect a payment regarding a covered debt
12 (including interest or any administrative fee) from a person
13 (or the fiduciary of that person) who elects to make such
14 a payment during the covered period.
15 (c) DEFINITIONS.—In this section:
16 (1) The term ‘‘consumer reporting agency’’ has
17 the meaning given that term in section 5701 of title
18 38, United States Code.
19 (2) The term ‘‘covered debt’’ means a debt—
20 (A) owed by a person (including a fidu-
21 ciary) to the United States;
22 (B) arising from a benefit under a covered
23 law; and
24 (C) that is not subject to recovery under—
•HR 925 EAH
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1 (i) section 3729 of title 31, United
2 States Code;
3 (ii) section 1729 of title 38, United
4 States Code; or
5 (iii) Public Law 87–693 (42 U.S.C.
6 2651).
7 (3) The term ‘‘covered law’’ means any law ad-
8 ministered by the Secretary of Veterans Affairs
9 through—
10 (A) the Under Secretary for Health; or
11 (B) the Under Secretary for Benefits.
12 (4) The term ‘‘covered period’’ means—
13 (A) the COVID–19 emergency period; and
14 (B) the 60 days immediately following the
15 date of the end of the COVID–19 emergency pe-
16 riod.
17 (5) The term ‘‘COVID–19 emergency period’’
18 means the emergency period described in section
19 1135(g)(1)(B) of the Social Security Act (42 U.S.C.
20 1320b-5(g)(1)(B)).
•HR 925 EAH
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1 SEC. 106. TOLLING OF DEADLINES RELATING TO CLAIMS
2 FOR BENEFITS ADMINISTERED BY SEC-
3 RETARY OF VETERANS AFFAIRS.
4 (a) REQUIRED TOLLING.—With respect to claims and
5 appeals made by a claimant, the covered period shall be
6 excluded in computing the following:
7 (1) In cases where an individual expresses an in-
8 tent to file a claim, the period in which the indi-
9 vidual is required to file the claim in order to have
10 the effective date of the claim be determined based on
11 the date of such intent, as described in section
12 3.155(b)(1) of title 38, Code of Federal Regulations.
13 (2) The period in which the claimant is required
14 to take an action pursuant to section 5104C of title
15 38, United States Code.
16 (3) The period in which the claimant is required
17 to appeal a change in service-connected or employ-
18 ability status or change in physical condition de-
19 scribed in section 5112(b)(6) of such title.
20 (4) The period in which an individual is re-
21 quired to file a notice of appeal under section 7266
22 of such title.
23 (5) Any other period in which a claimant or
24 beneficiary is required to act with respect to filing,
25 perfecting, or appealing a claim, as determined ap-
26 propriate by the Secretary of Veterans Affairs.
•HR 925 EAH
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1 (b) USE OF POSTMARK DATES.—With respect to
2 claims filed using nonelectronic means and appeals made
3 during the covered period, the Secretary of Veterans Affairs
4 and the Court of Appeals for Veterans Claims, as the case
5 may be, shall administer the provisions of title 38, United
6 States Code, as follows:
7 (1) In section 5110—
8 (A) in subsection (a)—
9 (i) in paragraph (1), by substituting
10 ‘‘the earlier of the date of receipt of applica-
11 tion therefor and the date of the postmark
12 or other official proof of mailing date of the
13 application therefor’’ for ‘‘the date of receipt
14 of application therefor’’; and
15 (ii) in paragraph (3), by substituting
16 ‘‘the earlier of the date of receipt of the sup-
17 plemental claim and the date of the post-
18 mark or other official proof of mailing date
19 of the supplemental claim’’ for ‘‘the date of
20 receipt of the supplemental claim’’; and
21 (B) in subsection (b)(2)(A), by substituting
22 ‘‘the earlier of the date of receipt of application
23 and the date of the postmark or other official
24 proof of mailing date of the application’’ for ‘‘the
25 date of receipt of the application’’.
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1 (2) In section 7266, without regard to subsection
2 (d).
3 (c) DEFINITIONS.—In this section:
4 (1) The term ‘‘claimant’’ has the meaning given
5 that term in section 5100 of title 38, United States
6 Code.
7 (2) The term ‘‘covered period’’ means the period
8 beginning on the date of the emergency period (as de-
9 fined in section 1135(g)(1) of the Social Security Act
10 (42 U.S.C. 1320b-5(g)(1))) resulting from the
11 COVID–19 pandemic and ending 90 days after the
12 last day of such emergency period.
13 SEC. 107. PROVISION OF DEPARTMENT OF VETERANS AF-
14 FAIRS HOSPITAL CARE AND MEDICAL SERV-
15 ICES TO CERTAIN VETERANS WHO ARE UNEM-
16 PLOYED OR LOST EMPLOYER-SPONSORED
17 HEALTH CARE COVERAGE BY REASON OF A
18 COVERED PUBLIC HEALTH EMERGENCY.
19 (a) IN GENERAL.—During the 12-month period begin-
20 ning on the date on which a covered veteran applies for
21 hospital care or medical services under this section, the Sec-
22 retary of Veterans Affairs shall consider the covered veteran
23 to be unable to defray the expenses of necessary care for
24 purposes of section 1722 of title 38, United States Code,
•HR 925 EAH
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1 and shall furnish to such veteran hospital care and medical
2 services under chapter 17 of title 38, United States Code.
3 (b) COVERED VETERAN.—For purposes of this section,
4 a covered veteran is a veteran—
5 (1) who—
6 (A) is unemployed; or
7 (B) has lost access to a group health plan
8 or group health insurance coverage by reason of
9 a covered public health emergency; and
10 (2) whose projected attributable income for the
11 12-month period beginning on the date of application
12 for hospital care or medical services under this section
13 is not more than the amount in effect under section
14 1722(b) of title 38, United States Code.
15 (c) DEFINITIONS.—In this section:
16 (1) The term ‘‘covered public health emergency’’
17 means the declaration—
18 (A) of a public health emergency, based on
19 an outbreak of COVID–19 by the Secretary of
20 Health and Human Services under section 319
21 of the Public Health Service Act (42 U.S.C.
22 247d); or
23 (B) of a domestic emergency, based on an
24 outbreak of COVID–19 by the President, the Sec-
•HR 925 EAH
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1 retary of Homeland Security, or State, or local
2 authority.
3 (2) The terms ‘‘group health plan’’ and ‘‘group
4 health insurance coverage’’ have the meaning given
5 such terms in section 2701 of the Public Health Serv-
6 ice Act (42 U.S.C. 300gg-3).
7 SEC. 108. EXPANSION OF VET CENTER SERVICES TO VET-
8 ERANS AND MEMBERS OF THE ARMED
9 FORCES WHO PERFORM CERTAIN SERVICE IN
10 RESPONSE TO COVERED PUBLIC HEALTH
11 EMERGENCY.
12 (a) IN GENERAL.—Section 1712A of title 38, United
13 States Code, is amended—
14 (1) by striking ‘‘clauses (i) through (iv)’’ both
15 places it appears and inserting ‘‘clauses (i) through
16 (v)’’;
17 (2) by striking ‘‘in clause (v)’’ both places it ap-
18 pears and inserting ‘‘in clause (vi)’’;
19 (3) in subsection (a)(1)(C)—
20 (A) by redesignating clauses (iv) and (v) as
21 clauses (v) and (vi), respectively; and
22 (B) by inserting after clause (iii) the fol-
23 lowing new clause (iv):
24 ‘‘(iv) Any individual who is a veteran or mem-
25 ber of the Armed Forces (including the reserve compo-
•HR 925 EAH
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1 nents), who, in response to a covered public health
2 emergency, performed active service or State active
3 duty for a period of at least 14 days.’’; and
4 (4) in subsection (h), by adding at the end the
5 following new paragraphs:
6 ‘‘(4) The term ‘active service’ has the meaning
7 given that term in section 101 of title 10.
8 ‘‘(5) The term ‘covered public health emergency’
9 means the declaration—
10 ‘‘(A) of a public health emergency, based on
11 an outbreak of COVID–19, by the Secretary of
12 Health and Human Services under section 319
13 of the Public Health Service Act (42 U.S.C.
14 247d); or
15 ‘‘(B) of a domestic emergency, based on an
16 outbreak of COVID–19, by the President, the
17 Secretary of Homeland Security, or a State or
18 local authority.’’.
19 (b) CONFORMING AMENDMENT.—Section 201(q)(4) of
20 the Commander John Scott Hannon Veterans Mental
21 Health Care Improvement Act of 2019 is amended by strik-
22 ing ‘‘clauses (i) through (iv) of section 1712A(a)(1)(C)’’ and
23 inserting ‘‘clauses (i) through (v) of section
24 1712A(a)(1)(C)’’.
•HR 925 EAH
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1 DIVISION M—CONSUMER PRO-
2 TECTION AND TELECOMMUNI-
3 CATIONS PROVISIONS
4 TITLE I—COVID–19 PRICE
5 GOUGING PREVENTION
6 SEC. 101. SHORT TITLE.
7 This title may be cited as the ‘‘COVID–19 Price
8 Gouging Prevention Act’’.
9 SEC. 102. PREVENTION OF PRICE GOUGING.
10 (a) IN GENERAL.—For the duration of a public health
11 emergency declared pursuant to section 319 of the Public
12 Health Service Act (42 U.S.C. 247d) as a result of con-
13 firmed cases of 2019 novel coronavirus (COVID–19), in-
14 cluding any renewal thereof, it shall be unlawful for any
15 person to sell or offer for sale a good or service at a price
16 that—
17 (1) is unconscionably excessive; and
18 (2) indicates the seller is using the circumstances
19 related to such public health emergency to increase
20 prices unreasonably.
21 (b) FACTORS FOR CONSIDERATION.—In determining
22 whether a person has violated subsection (a), there shall be
23 taken into account, with respect to the price at which such
24 person sold or offered for sale the good or service, factors
25 that include the following:
•HR 925 EAH
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1 (1) Whether such price grossly exceeds the aver-
2 age price at which the same or a similar good or serv-
3 ice was sold or offered for sale by such person—
4 (A) during the 90-day period immediately
5 preceding January 31, 2020; or
6 (B) during the period that is 45 days before
7 or after the date that is one year before the date
8 such good or service is sold or offered for sale
9 under subsection (a).
10 (2) Whether such price grossly exceeds the aver-
11 age price at which the same or a similar good or serv-
12 ice was readily obtainable from other similarly situ-
13 ated competing sellers before January 31, 2020.
14 (3) Whether such price reasonably reflects addi-
15 tional costs, not within the control of such person,
16 that were paid, incurred, or reasonably anticipated
17 by such person, or reasonably reflects the profitability
18 of forgone sales or additional risks taken by such per-
19 son, to produce, distribute, obtain, or sell such good
20 or service under the circumstances.
21 (c) ENFORCEMENT.—
22 (1) ENFORCEMENT BY FEDERAL TRADE COMMIS-
23 SION.—
24 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
25 TICES.—A violation of subsection (a) shall be
•HR 925 EAH
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1 treated as a violation of a regulation under sec-
2 tion 18(a)(1)(B) of the Federal Trade Commis-
3 sion Act (15 U.S.C. 57a(a)(1)(B)) regarding un-
4 fair or deceptive acts or practices.
5 (B) POWERS OF COMMISSION.—The Com-
6 mission shall enforce subsection (a) in the same
7 manner, by the same means, and with the same
8 jurisdiction, powers, and duties as though all ap-
9 plicable terms and provisions of the Federal
10 Trade Commission Act (15 U.S.C. 41 et seq.)
11 were incorporated into and made a part of this
12 section. Any person who violates such subsection
13 shall be subject to the penalties and entitled to
14 the privileges and immunities provided in the
15 Federal Trade Commission Act.
16 (2) EFFECT ON OTHER LAWS.—Nothing in this
17 section shall be construed in any way to limit the au-
18 thority of the Commission under any other provision
19 of law.
20 (3) ENFORCEMENT BY STATE ATTORNEYS GEN-
21 ERAL.—
22 (A) IN GENERAL.—If the chief law enforce-
23 ment officer of a State, or an official or agency
24 designated by a State, has reason to believe that
25 any person has violated or is violating subsection
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1 (a), the attorney general, official, or agency of
2 the State, in addition to any authority it may
3 have to bring an action in State court under its
4 laws, may bring a civil action in any appro-
5 priate United States district court or in any
6 other court of competent jurisdiction, including a
7 State court, to—
8 (i) enjoin further such violation by
9 such person;
10 (ii) enforce compliance with such sub-
11 section;
12 (iii) obtain civil penalties; and
13 (iv) obtain damages, restitution, or
14 other compensation on behalf of residents of
15 the State.
16 (B) NOTICE AND INTERVENTION BY THE
17 FTC.—The attorney general of a State shall pro-
18 vide prior written notice of any action under
19 subparagraph (A) to the Commission and pro-
20 vide the Commission with a copy of the com-
21 plaint in the action, except in any case in which
22 such prior notice is not feasible, in which case
23 the attorney general shall serve such notice im-
24 mediately upon instituting such action. The
25 Commission shall have the right—
•HR 925 EAH
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1 (i) to intervene in the action;
2 (ii) upon so intervening, to be heard
3 on all matters arising therein; and
4 (iii) to file petitions for appeal.
5 (C) LIMITATION ON STATE ACTION WHILE
6 FEDERAL ACTION IS PENDING.—If the Commis-
7 sion has instituted a civil action for violation of
8 this section, no State attorney general, or official
9 or agency of a State, may bring an action under
10 this paragraph during the pendency of that ac-
11 tion against any defendant named in the com-
12 plaint of the Commission for any violation of
13 this section alleged in the complaint.
14 (D) RELATIONSHIP WITH STATE-LAW
15 CLAIMS.—If the attorney general of a State has
16 authority to bring an action under State law di-
17 rected at acts or practices that also violate this
18 section, the attorney general may assert the
19 State-law claim and a claim under this section
20 in the same civil action.
21 (4) SAVINGS CLAUSE.—Nothing in this section
22 shall preempt or otherwise affect any State or local
23 law.
24 (d) DEFINITIONS.—In this section:
•HR 925 EAH
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1 (1) COMMISSION.—The term ‘‘Commission’’
2 means the Federal Trade Commission.
3 (2) GOOD OR SERVICE.—The term ‘‘good or serv-
4 ice’’ means a good or service offered in commerce, in-
5 cluding—
6 (A) food, beverages, water, ice, a chemical,
7 or a personal hygiene product;
8 (B) any personal protective equipment for
9 protection from or prevention of contagious dis-
10 eases, filtering facepiece respirators, medical
11 equipment and supplies (including medical test-
12 ing supplies), a drug as defined in section
13 201(g)(1) of the Federal Food, Drug, and Cos-
14 metic Act (21 U.S.C. 321(g)(1)), cleaning sup-
15 plies, disinfectants, sanitizers; or
16 (C) any healthcare service, cleaning service,
17 or delivery service.
18 (3) STATE.—The term ‘‘State’’ means each of the
19 several States, the District of Columbia, each com-
20 monwealth, territory, or possession of the United
21 States, and each federally recognized Indian Tribe.
•HR 925 EAH
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1 TITLE II—E–RATE SUPPORT FOR
2 WI-FI HOTSPOTS, OTHER
3 EQUIPMENT, CONNECTED DE-
4 VICES, AND CONNECTIVITY
5 SEC. 201. E–RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER
6 EQUIPMENT, CONNECTED DEVICES, AND
7 CONNECTIVITY DURING EMERGENCY PERI-
8 ODS RELATING TO COVID–19.
9 (a) REGULATIONS REQUIRED.—Not later than 7 days
10 after the date of the enactment of this Act, the Commission
11 shall promulgate regulations providing for the provision,
12 from amounts made available from the Emergency
13 Connectivity Fund established under subsection (j)(1), of
14 support under section 254(h)(1)(B) of the Communications
15 Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an elementary
16 school, secondary school, or library (including a Tribal ele-
17 mentary school, Tribal secondary school, or Tribal library)
18 for the purchase during an emergency period described in
19 subsection (f) (including any portion of such a period oc-
20 curring before the date of the enactment of this Act) of
21 equipment described in subsection (c), advanced tele-
22 communications and information services, or equipment de-
23 scribed in such subsection and advanced telecommuni-
24 cations and information services, for use by—
•HR 925 EAH
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1 (1) in the case of a school, students and staff of
2 such school at locations that include locations other
3 than such school; and
4 (2) in the case of a library, patrons of such li-
5 brary at locations that include locations other than
6 such library.
7 (b) TRIBAL ISSUES.—
8 (1) RESERVATION FOR TRIBAL LANDS.—The
9 Commission shall reserve not less than 5 percent of
10 the amounts available to the Commission under sub-
11 section (j)(2) to provide support under the regulations
12 required by subsection (a) to schools and libraries
13 that serve persons who are located on Tribal lands.
14 (2) ELIGIBILITY OF TRIBAL LIBRARIES.—For
15 purposes of determining the eligibility of a Tribal li-
16 brary for support under the regulations required by
17 subsection (a), the portion of paragraph (4) of section
18 254(h) of the Communications Act of 1934 (47 U.S.C.
19 254(h)) relating to eligibility for assistance from a
20 State library administrative agency under the Li-
21 brary Services and Technology Act shall not apply.
22 (c) EQUIPMENT DESCRIBED.—The equipment de-
23 scribed in this subsection is the following:
24 (1) Wi-Fi hotspots.
25 (2) Modems.
•HR 925 EAH
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1 (3) Routers.
2 (4) Devices that combine a modem and router.
3 (5) Connected devices.
4 (d) PRIORITIZATION OF SUPPORT.—The Commission
5 shall provide in the regulations required by subsection (a)
6 for a mechanism to require a school or library to prioritize
7 the provision of equipment described in subsection (c), ad-
8 vanced telecommunications and information services, or
9 equipment described in such subsection and advanced tele-
10 communications and information services, for which sup-
11 port is received under such regulations, to students and staff
12 or patrons (as the case may be) that the school or library
13 believes do not have access to equipment described in sub-
14 section (c), do not have access to advanced telecommuni-
15 cations and information services, or have access to neither
16 equipment described in subsection (c) nor advanced tele-
17 communications and information services, at the residences
18 of such students and staff or patrons.
19 (e) SUPPORT AMOUNT.—
20 (1) REIMBURSEMENT OF 100 PERCENT OF
21 COSTS.—In providing support under the regulations
22 required by subsection (a), the Commission shall re-
23 imburse 100 percent of the costs associated with the
24 equipment described in subsection (c), advanced tele-
25 communications and information services, or equip-
•HR 925 EAH
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1 ment described in such subsection and advanced tele-
2 communications and information services for which
3 such support is provided, except that any reimburse-
4 ment of a school or library for the costs associated
5 with any such equipment may not exceed an amount
6 that the Commission determines, with respect to the
7 request by such school or library for such reimburse-
8 ment, is reasonable.
9 (2) SHORTFALL IN FUNDING.—If requests for re-
10 imbursement for equipment described in subsection
11 (c), advanced telecommunications and information
12 services, or equipment described in such subsection
13 and advanced telecommunications and information
14 services exceed amounts available from the Emergency
15 Connectivity Fund established under subsection (j)(1),
16 the Commission shall—
17 (A) prioritize reimbursements based on the
18 assigned discount percentage of each eligible
19 school or library requesting reimbursement under
20 subpart F of part 54 of title 47, Code of Federal
21 Regulations (or any successor regulation), start-
22 ing with the eligible schools and libraries with
23 the highest discount percentage established under
24 such subpart; and
•HR 925 EAH
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1 (B) not later than 2 days after the Commis-
2 sion determines that the shortfall in funding ex-
3 ists, notify the Committee on Commerce, Science,
4 and Transportation and the Committee on Ap-
5 propriations of the Senate and the Committee on
6 Energy and Commerce and the Committee on
7 Appropriations of the House of Representatives
8 of such shortfall.
9 (f) EMERGENCY PERIODS DESCRIBED.—An emergency
10 period described in this subsection is a period that—
11 (1) begins on the date of a determination by the
12 Secretary of Health and Human Services pursuant to
13 section 319 of the Public Health Service Act (42
14 U.S.C. 247d) that a public health emergency exists as
15 a result of COVID–19; and
16 (2) ends on the June 30 that first occurs after
17 the date on which such determination (including any
18 renewal thereof) terminates.
19 (g) TREATMENT OF EQUIPMENT AFTER EMERGENCY
20 PERIOD.—The Commission shall provide in the regulations
21 required by subsection (a) that, in the case of a school or
22 library that purchases equipment described in subsection (c)
23 using support received under such regulations, such school
24 or library—
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1 (1) may, after the emergency period with respect
2 to which such support is received, use such equipment
3 for such purposes as such school or library considers
4 appropriate, subject to any restrictions provided in
5 such regulations (or any successor regulation); and
6 (2) may not sell or otherwise transfer such
7 equipment in exchange for any thing (including a
8 service) of value, except that such school or library
9 may exchange such equipment for upgraded equip-
10 ment of the same type.
11 (h) RULE OF CONSTRUCTION.—Nothing in this section
12 shall be construed to affect any authority the Commission
13 may have under section 254(h)(1)(B) of the Communica-
14 tions Act of 1934 (47 U.S.C. 254(h)(1)(B)) to allow support
15 under such section to be used for the purposes described in
16 subsection (a) other than as required by such subsection.
17 (i) PROCEDURAL MATTERS.—
18 (1) PART 54 REGULATIONS.—Nothing in this sec-
19 tion shall be construed to prevent the Commission
20 from providing that the regulations in part 54 of title
21 47, Code of Federal Regulations (or any successor reg-
22 ulation), shall apply in whole or in part to support
23 provided under the regulations required by subsection
24 (a), shall not apply in whole or in part to such sup-
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1 port, or shall be modified in whole or in part for pur-
2 poses of application to such support.
3 (2) EXEMPTION FROM CERTAIN RULEMAKING RE-
4 QUIREMENTS.—Section 553 of title 5, United States
5 Code, shall not apply to a regulation promulgated
6 under subsection (a) or a rulemaking to promulgate
7 such a regulation.
8 (3) PAPERWORK REDUCTION ACT EXEMPTION.—
9 A collection of information conducted or sponsored
10 under the regulations required by subsection (a), or
11 under section 254 of the Communications Act of 1934
12 (47 U.S.C. 254) in connection with support provided
13 under such regulations, shall not constitute a collec-
14 tion of information for the purposes of subchapter I
15 of chapter 35 of title 44, United States Code (com-
16 monly referred to as the Paperwork Reduction Act).
17 (j) EMERGENCY CONNECTIVITY FUND.—
18 (1) ESTABLISHMENT.—There is established in
19 the Treasury of the United States a fund to be known
20 as the Emergency Connectivity Fund.
21 (2) USE OF FUNDS.—Amounts in the Emergency
22 Connectivity Fund shall be available to the Commis-
23 sion to provide support under the regulations required
24 by subsection (a).
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1 (3) RELATIONSHIP TO UNIVERSAL SERVICE CON-
2 TRIBUTIONS.—Support provided under the regula-
3 tions required by subsection (a) shall be provided
4 from amounts made available under paragraph (2)
5 and not from contributions under section 254(d) of
6 the Communications Act of 1934 (47 U.S.C. 254(d)).
7 (k) DEFINITIONS.—In this section:
8 (1) ADVANCED TELECOMMUNICATIONS AND IN-
9 FORMATION SERVICES.—The term ‘‘advanced tele-
10 communications and information services’’ means ad-
11 vanced telecommunications and information services,
12 as such term is used in section 254(h) of the Commu-
13 nications Act of 1934 (47 U.S.C. 254(h)).
14 (2) COMMISSION.—The term ‘‘Commission’’
15 means the Federal Communications Commission.
16 (3) CONNECTED DEVICE.—The term ‘‘connected
17 device’’ means a laptop computer, tablet computer, or
18 similar device that is capable of connecting to ad-
19 vanced telecommunications and information services.
20 (4) LIBRARY.—The term ‘‘library’’ includes a li-
21 brary consortium.
22 (5) TRIBAL LAND.—The term ‘‘Tribal land’’
23 means—
24 (A) any land located within the boundaries
25 of—
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1 (i) an Indian reservation, pueblo, or
2 rancheria; or
3 (ii) a former reservation within Okla-
4 homa;
5 (B) any land not located within the bound-
6 aries of an Indian reservation, pueblo, or
7 rancheria, the title to which is held—
8 (i) in trust by the United States for the
9 benefit of an Indian Tribe or an individual
10 Indian;
11 (ii) by an Indian Tribe or an indi-
12 vidual Indian, subject to restriction against
13 alienation under laws of the United States;
14 or
15 (iii) by a dependent Indian commu-
16 nity;
17 (C) any land located within a region estab-
18 lished pursuant to section 7(a) of the Alaska Na-
19 tive Claims Settlement Act (43 U.S.C. 1606(a));
20 (D) Hawaiian Home Lands, as defined in
21 section 801 of the Native American Housing As-
22 sistance and Self-Determination Act of 1996 (25
23 U.S.C. 4221); or
24 (E) those areas or communities designated
25 by the Assistant Secretary of Indian Affairs of
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1 the Department of the Interior that are near, ad-
2 jacent, or contiguous to reservations where finan-
3 cial assistance and social service programs are
4 provided to Indians because of their status as In-
5 dians.
6 (6) TRIBAL LIBRARY.—The term ‘‘Tribal li-
7 brary’’ means, only during an emergency period de-
8 scribed under subsection (f), a facility owned by an
9 Indian Tribe, serving Indian Tribes, or serving
10 American Indians, Alaskan Natives, or Native Ha-
11 waiian communities, including—
12 (A) a Tribal library or Tribal library con-
13 sortium; or
14 (B) a Tribal government building, chapter
15 house, longhouse, community center, or other
16 similar public building.
17 (7) WI-FI.—The term ‘‘Wi-Fi’’ means a wireless
18 networking protocol based on Institute of Electrical
19 and Electronics Engineers standard 802.11 (or any
20 successor standard).
21 (8) WI-FI HOTSPOT.—The term ‘‘Wi-Fi hotspot’’
22 means a device that is capable of—
23 (A) receiving mobile advanced telecommuni-
24 cations and information services; and
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1 (B) sharing such services with another de-
2 vice through the use of Wi-Fi.
3 TITLE III—EMERGENCY BENEFIT
4 FOR BROADBAND SERVICE
5 SEC. 301. BENEFIT FOR BROADBAND SERVICE DURING
6 EMERGENCY PERIODS RELATING TO COVID–
7 19.
8 (a) PROMULGATION OF REGULATIONS REQUIRED.—
9 Not later than 7 days after the date of the enactment of
10 this Act, the Commission shall promulgate regulations im-
11 plementing this section.
12 (b) REQUIREMENTS.—The regulations promulgated
13 pursuant to subsection (a) shall establish the following:
14 (1) EMERGENCY BROADBAND BENEFIT.—During
15 an emergency period, a provider shall provide an eli-
16 gible household with an internet service offering, upon
17 request by a member of such household. Such provider
18 shall discount the price charged to such household for
19 such internet service offering in an amount equal to
20 the emergency broadband benefit for such household.
21 (2) VERIFICATION OF ELIGIBILITY.—To verify
22 whether a household is an eligible household, a pro-
23 vider shall either—
24 (A) use the National Lifeline Eligibility
25 Verifier; or
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1 (B) rely upon an alternative verification
2 process of the provider, if the Commission finds
3 such process to be sufficient to avoid waste,
4 fraud, and abuse.
5 (3) USE OF NATIONAL LIFELINE ELIGIBILITY
6 VERIFIER.—The Commission shall—
7 (A) expedite the ability of all providers to
8 access the National Lifeline Eligibility Verifier
9 for purposes of determining whether a household
10 is an eligible household; and
11 (B) ensure that the National Lifeline Eligi-
12 bility Verifier approves an eligible household to
13 receive the emergency broadband benefit not later
14 than two days after the date of the submission of
15 information necessary to determine if such
16 household is an eligible household.
17 (4) EXTENSION OF EMERGENCY PERIOD.—An
18 emergency period may be extended within a State or
19 any portion thereof if the State, or in the case of
20 Tribal land, a Tribal government, provides written,
21 public notice to the Commission stipulating that an
22 extension is necessary in furtherance of the recovery
23 related to COVID–19. The Commission shall, within
24 48 hours after receiving such notice, post the notice on
25 the public website of the Commission.
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1 (5) REIMBURSEMENT.—From the Emergency
2 Broadband Connectivity Fund established in sub-
3 section (h), the Commission shall reimburse a pro-
4 vider in an amount equal to the emergency broadband
5 benefit with respect to an eligible household that re-
6 ceives such benefit from such provider.
7 (6) REIMBURSEMENT FOR CONNECTED DE-
8 VICE.—A provider that, in addition to providing the
9 emergency broadband benefit to an eligible household,
10 supplies such household with a connected device may
11 be reimbursed up to $100 from the Emergency
12 Broadband Connectivity Fund established in sub-
13 section (h) for such connected device, if the charge to
14 such eligible household is more than $10 but less than
15 $50 for such connected device, except that a provider
16 may receive reimbursement for no more than one con-
17 nected device per eligible household.
18 (7) NO RETROACTIVE REIMBURSEMENT.—A pro-
19 vider may not receive a reimbursement from the
20 Emergency Broadband Connectivity Fund for pro-
21 viding an internet service offering discounted by the
22 emergency broadband benefit, or for supplying a con-
23 nected device, that was provided or supplied (as the
24 case may be) before the date of the enactment of this
25 Act.
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1 (8) CERTIFICATION REQUIRED.—To receive a re-
2 imbursement under paragraph (5) or (6), a provider
3 shall certify to the Commission the following:
4 (A) That the amount for which the provider
5 is seeking reimbursement from the Emergency
6 Broadband Connectivity Fund for an internet
7 service offering to an eligible household is not
8 more than the normal rate.
9 (B) That each eligible household for which
10 a provider is seeking reimbursement for pro-
11 viding an internet service offering discounted by
12 the emergency broadband benefit—
13 (i) has not been and will not be
14 charged—
15 (I) for such offering, if the normal
16 rate for such offering is less than or
17 equal to the amount of the emergency
18 broadband benefit for such household;
19 or
20 (II) more for such offering than
21 the difference between the normal rate
22 for such offering and the amount of the
23 emergency broadband benefit for such
24 household;
•HR 925 EAH
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1 (ii) will not be required to pay an
2 early termination fee if such eligible house-
3 hold elects to enter into a contract to receive
4 such internet service offering if such house-
5 hold later terminates such contract; and
6 (iii) was not subject to a mandatory
7 waiting period for such internet service of-
8 fering based on having previously received
9 broadband internet access service from such
10 provider.
11 (C) That each eligible household for which
12 the provider is seeking reimbursement for sup-
13 plying such household with a connected device
14 has not been and will not be charged $10 or less
15 or $50 or more for such device.
16 (D) A description of the process used by the
17 provider to verify that a household is an eligible
18 household, if the provider elects an alternative
19 verification process under paragraph (2)(B), and
20 that such verification process was designed to
21 avoid waste, fraud, and abuse.
22 (9) AUDIT REQUIREMENTS.—The Commission
23 shall adopt audit requirements to ensure that pro-
24 viders are in compliance with the requirements of this
25 section and to prevent waste, fraud, and abuse in the
•HR 925 EAH
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1 emergency broadband benefit program established
2 under this section.
3 (c) ELIGIBLE PROVIDERS.—Notwithstanding sub-
4 section (e) of this section, the Commission shall provide a
5 reimbursement to a provider under this section without re-
6 quiring such provider to be designated as an eligible tele-
7 communications carrier under section 214(e) of the Com-
8 munications Act of 1934 (47 U.S.C. 214(e)).
9 (d) RULE OF CONSTRUCTION.—Nothing in this section
10 shall affect the collection, distribution, or administration
11 of the Lifeline Assistance Program governed by the rules
12 set forth in subpart E of part 54 of title 47, Code of Federal
13 Regulations (or any successor regulation).
14 (e) PART 54 REGULATIONS.—Nothing in this section
15 shall be construed to prevent the Commission from pro-
16 viding that the regulations in part 54 of title 47, Code of
17 Federal Regulations (or any successor regulation), shall
18 apply in whole or in part to support provided under the
19 regulations required by subsection (a), shall not apply in
20 whole or in part to such support, or shall be modified in
21 whole or in part for purposes of application to such sup-
22 port.
23 (f) ENFORCEMENT.—A violation of this section or a
24 regulation promulgated under this section, including the
25 knowing or reckless denial of an internet service offering
•HR 925 EAH
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1 discounted by the emergency broadband benefit to an eligi-
2 ble household that requests such an offering, shall be treated
3 as a violation of the Communications Act of 1934 (47
4 U.S.C. 151 et seq.) or a regulation promulgated under such
5 Act. The Commission shall enforce this section and the regu-
6 lations promulgated under this section in the same manner,
7 by the same means, and with the same jurisdiction, powers,
8 and duties as though all applicable terms and provisions
9 of the Communications Act of 1934 were incorporated into
10 and made a part of this section.
11 (g) EXEMPTIONS.—
12 (1) CERTAIN RULEMAKING REQUIREMENTS.—
13 Section 553 of title 5, United States Code, shall not
14 apply to a regulation promulgated under subsection
15 (a) or a rulemaking to promulgate such a regulation.
16 (2) PAPERWORK REDUCTION ACT REQUIRE-
17 MENTS.—A collection of information conducted or
18 sponsored under the regulations required by sub-
19 section (a) shall not constitute a collection of informa-
20 tion for the purposes of subchapter I of chapter 35 of
21 title 44, United States Code (commonly referred to as
22 the Paperwork Reduction Act).
23 (h) EMERGENCY BROADBAND CONNECTIVITY FUND.—
•HR 925 EAH
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1 (1) ESTABLISHMENT.—There is established in
2 the Treasury of the United States a fund to be known
3 as the Emergency Broadband Connectivity Fund.
4 (2) USE OF FUNDS.—Amounts in the Emergency
5 Broadband Connectivity Fund shall be available to
6 the Commission for reimbursements to providers
7 under the regulations required by subsection (a).
8 (3) RELATIONSHIP TO UNIVERSAL SERVICE CON-
9 TRIBUTIONS.—Reimbursements provided under the
10 regulations required by subsection (a) shall be pro-
11 vided from amounts made available under this sub-
12 section and not from contributions under section
13 254(d) of the Communications Act of 1934 (47 U.S.C.
14 254(d)), except the Commission may use such con-
15 tributions if needed to offset expenses associated with
16 the reliance on the National Lifeline Eligibility
17 Verifier to determine eligibility of households to re-
18 ceive the emergency broadband benefit.
19 (i) DEFINITIONS.—In this section:
20 (1) BROADBAND INTERNET ACCESS SERVICE.—
21 The term ‘‘broadband internet access service’’ has the
22 meaning given such term in section 8.1(b) of title 47,
23 Code of Federal Regulations (or any successor regula-
24 tion).
•HR 925 EAH
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1 (2) CONNECTED DEVICE.—The term ‘‘connected
2 device’’ means a laptop or desktop computer or a tab-
3 let.
4 (3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible
5 household’’ means, regardless of whether the household
6 or any member of the household receives support
7 under subpart E of part 54 of title 47, Code of Fed-
8 eral Regulations (or any successor regulation), and
9 regardless of whether any member of the household has
10 any past or present arrearages with a provider, a
11 household in which—
12 (A) at least one member of the household
13 meets the qualifications in subsection (a) or (b)
14 of section 54.409 of title 47, Code of Federal Reg-
15 ulations (or any successor regulation);
16 (B) at least one member of the household
17 has applied for and been approved to receive
18 benefits under the free and reduced price lunch
19 program under the Richard B. Russell National
20 School Lunch Act (42 U.S.C. 1751 et seq.) or the
21 school breakfast program under section 4 of the
22 Child Nutrition Act of 1966 (42 U.S.C. 1773);
23 (C) at least one member of the household
24 has experienced a substantial loss of income since
25 February 29, 2020, documented by layoff or fur-
•HR 925 EAH
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1 lough notice, application for unemployment in-
2 surance benefits, or similar documentation; or
3 (D) at least one member of the household
4 has received a Federal Pell Grant under section
5 401 of the Higher Education Act of 1965 (20
6 U.S.C. 1070a) in the current award year.
7 (4) EMERGENCY BROADBAND BENEFIT.—The
8 term ‘‘emergency broadband benefit’’ means a month-
9 ly discount for an eligible household applied to the
10 normal rate for an internet service offering, in an
11 amount equal to such rate, but not more than $50, or,
12 if an internet service offering is provided to an eligi-
13 ble household on Tribal land, not more than $75.
14 (5) EMERGENCY PERIOD.—The term ‘‘emergency
15 period’’ means a period that—
16 (A) begins on the date of a determination
17 by the Secretary of Health and Human Services
18 pursuant to section 319 of the Public Health
19 Service Act (42 U.S.C. 247d) that a public
20 health emergency exists as a result of COVID–19;
21 and
22 (B) ends on the date that is 6 months after
23 the date on which such determination (including
24 any renewal thereof) terminates, except as such
25 period may be extended under subsection (b)(4).
•HR 925 EAH
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1 (6) INTERNET SERVICE OFFERING.—The term
2 ‘‘internet service offering’’ means, with respect to a
3 provider, broadband internet access service provided
4 by such provider to a household, offered in the same
5 manner, and on the same terms, as described in any
6 of such provider’s advertisements for broadband inter-
7 net access service to such household, as on September
8 1, 2020.
9 (7) NORMAL RATE.—The term ‘‘normal rate’’
10 means, with respect to an internet service offering by
11 a provider, the advertised monthly retail rate, as of
12 September 1, 2020, including any applicable pro-
13 motions and excluding any taxes or other govern-
14 mental fees.
15 (8) PROVIDER.—The term ‘‘provider’’ means a
16 provider of broadband internet access service.
17 SEC. 302. ENHANCED LIFELINE BENEFITS DURING EMER-
18 GENCY PERIODS.
19 (a) ENHANCED MINIMUM SERVICE STANDARDS FOR
20 LIFELINE BENEFITS DURING EMERGENCY PERIODS.—
21 During an emergency period—
22 (1) the minimum service standard for Lifeline
23 supported mobile voice service shall provide an un-
24 limited number of minutes per month;
•HR 925 EAH
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1 (2) the minimum service standard for Lifeline
2 supported mobile data service shall provide an unlim-
3 ited data allowance each month and 4G speeds, where
4 available; and
5 (3) the Basic Support Amount and Tribal Lands
6 Support Amount, as described in section 54.403 of
7 title 47, Code of Federal Regulations (or any suc-
8 cessor regulation), shall be increased by an amount
9 necessary, as determined by the Commission, to offset
10 any incremental increase in cost associated with the
11 requirements in paragraphs (1) and (2), but at a
12 minimum the Basic Support Amount shall be not less
13 than $25 per month and the Tribal Lands Support
14 Amount shall be not less than $40 per month.
15 (b) EXTENSION OF EMERGENCY PERIOD.—An emer-
16 gency period may be extended within a State or any por-
17 tion thereof for a maximum of six months, if the State, or
18 in the case of Tribal land, a Tribal government, provides
19 written, public notice to the Commission stipulating that
20 an extension is necessary in furtherance of the recovery re-
21 lated to COVID–19. The Commission shall, within 48 hours
22 after receiving such notice, post the notice on the public
23 website of the Commission.
24 (c) REGULATIONS.—
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1 (1) IN GENERAL.—Not later than 7 days after
2 the date of the enactment of this Act, the Commission
3 shall promulgate regulations implementing this sec-
4 tion.
5 (2) EXEMPTIONS.—
6 (A) CERTAIN RULEMAKING REQUIRE-
7 MENTS.—Section 553 of title 5, United States
8 Code, shall not apply to a regulation promul-
9 gated under paragraph (1) or a rulemaking to
10 promulgate such a regulation.
11 (B) PAPERWORK REDUCTION ACT REQUIRE-
12 MENTS.—A collection of information conducted
13 or sponsored under the regulations promulgated
14 under paragraph (1), or under section 254 of the
15 Communications Act of 1934 (47 U.S.C. 254) in
16 connection with support provided under such
17 regulations, shall not constitute a collection of
18 information for the purposes of subchapter I of
19 chapter 35 of title 44, United States Code (com-
20 monly referred to as the Paperwork Reduction
21 Act).
22 (d) EMERGENCY PERIOD DEFINED.—In this section,
23 the term ‘‘emergency period’’ means a period that—
24 (1) begins on the date of a determination by the
25 Secretary of Health and Human Services pursuant to
•HR 925 EAH
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1 section 319 of the Public Health Service Act (42
2 U.S.C. 247d) that a public health emergency exists as
3 a result of COVID–19; and
4 (2) ends on the date that is 6 months after the
5 date on which such determination (including any re-
6 newal thereof) terminates, except as such period may
7 be extended under subsection (b).
8 SEC. 303. GRANTS TO STATES TO STRENGTHEN NATIONAL
9 LIFELINE ELIGIBILITY VERIFIER.
10 (a) IN GENERAL.—From amounts appropriated to
11 carry out this section, the Commission shall, not later than
12 7 days after the date of the enactment of this Act, make
13 a grant to each State, in an amount in proportion to the
14 population of such State, for the purpose of connecting the
15 database used by such State for purposes of the supple-
16 mental nutrition assistance program under the Food and
17 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to the Na-
18 tional Lifeline Eligibility Verifier, so that the receipt by
19 a household of benefits under such program is reflected in
20 the National Lifeline Eligibility Verifier.
21 (b) DISBURSEMENT OF GRANT FUNDS.—Funds under
22 each grant made under subsection (a) shall be disbursed to
23 the State receiving such grant not later than 7 days after
24 the date of the enactment of this Act.
•HR 925 EAH
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1 (c) CERTIFICATION TO CONGRESS.—Not later than 21
2 days after the date of the enactment of this Act, the Commis-
3 sion shall certify to the Committee on Energy and Com-
4 merce of the House of Representatives and the Committee
5 on Commerce, Science, and Transportation of the Senate
6 that the grants required by subsection (a) have been made
7 and that funds have been disbursed as required by sub-
8 section (b).
9 SEC. 304. DEFINITIONS.
10 In this title:
11 (1) COMMISSION.—The term ‘‘Commission’’
12 means the Federal Communications Commission.
13 (2) NATIONAL LIFELINE ELIGIBILITY
14 VERIFIER.—The term ‘‘National Lifeline Eligibility
15 Verifier’’ has the meaning given such term in section
16 54.400 of title 47, Code of Federal Regulations (or
17 any successor regulation).
18 (3) STATE.—The term ‘‘State’’ has the meaning
19 given such term in section 3 of the Communications
20 Act of 1934 (47 U.S.C. 153).
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1 TITLE IV—CONTINUED
2 CONNECTIVITY
3 SEC. 401. CONTINUED CONNECTIVITY DURING EMERGENCY
4 PERIODS RELATING TO COVID–19.
5 Title VII of the Communications Act of 1934 (47
6 U.S.C. 601 et seq.) is amended by adding at the end the
7 following:
8 ‘‘SEC. 723. CONTINUED CONNECTIVITY DURING EMER-
9 GENCY PERIODS RELATING TO COVID–19.
10 ‘‘(a) IN GENERAL.—During an emergency period de-
11 scribed in subsection (c), it shall be unlawful—
12 ‘‘(1) for a provider of advanced telecommuni-
13 cations service or voice service to—
14 ‘‘(A) terminate, reduce, or change such serv-
15 ice provided to any individual customer or small
16 business because of the inability of the individual
17 customer or small business to pay for such serv-
18 ice if the individual customer or small business
19 certifies to such provider that such inability to
20 pay is a result of disruptions caused by the pub-
21 lic health emergency to which such emergency pe-
22 riod relates; or
23 ‘‘(B) impose late fees on any individual
24 customer or small business because of the inabil-
25 ity of the individual customer or small business
•HR 925 EAH
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1 to pay for such service if the individual customer
2 or small business certifies to such provider that
3 such inability to pay is a result of disruptions
4 caused by the public health emergency to which
5 such emergency period relates;
6 ‘‘(2) for a provider of advanced telecommuni-
7 cations service to, during such emergency period—
8 ‘‘(A) employ a limit on the amount of data
9 allotted to an individual customer or small busi-
10 ness during such emergency period, except that
11 such provider may engage in reasonable network
12 management; or
13 ‘‘(B) charge an individual customer or
14 small business an additional fee for exceeding the
15 limit on the data allotted to an individual cus-
16 tomer or small business; or
17 ‘‘(3) for a provider of advanced telecommuni-
18 cations service that had functioning Wi-Fi hotspots
19 available to subscribers in public places on the day
20 before the beginning of such emergency period to fail
21 to make service provided by such Wi-Fi hotspots
22 available to the public at no cost during such emer-
23 gency period.
24 ‘‘(b) WAIVER.—Upon a petition by a provider ad-
25 vanced telecommunications service or voice service, the pro-
•HR 925 EAH
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1 visions in subsection (a) may be suspended or waived by
2 the Commission at any time, in whole or in part, for good
3 cause shown.
4 ‘‘(c) EMERGENCY PERIODS DESCRIBED.—An emer-
5 gency period described in this subsection is any portion be-
6 ginning on or after the date of the enactment of this section
7 of the duration of a public health emergency declared pursu-
8 ant to section 319 of the Public Health Service Act (42
9 U.S.C. 247d) as a result of COVID–19, including any re-
10 newal thereof.
11 ‘‘(d) DEFINITIONS.—In this section:
12 ‘‘(1) ADVANCED TELECOMMUNICATIONS SERV-
13 ICE.—The term ‘advanced telecommunications service’
14 means a service that provides advanced telecommuni-
15 cations capability (as defined in section 706 of the
16 Telecommunications Act of 1996 (47 U.S.C. 1302)).
17 ‘‘(2) BROADBAND INTERNET ACCESS SERVICE.—
18 The term ‘broadband internet access service’ has the
19 meaning given such term in section 8.1(b) of title 47,
20 Code of Federal Regulations (or any successor regula-
21 tion).
22 ‘‘(3) INDIVIDUAL CUSTOMER.—The term ‘indi-
23 vidual customer’ means an individual who contracts
24 with a mass-market retail provider of advanced tele-
•HR 925 EAH
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1 communications service or voice service to provide
2 service to such individual.
3 ‘‘(4) REASONABLE NETWORK MANAGEMENT.—
4 The term ‘reasonable network management’—
5 ‘‘(A) means the use of a practice that—
6 ‘‘(i) has a primarily technical network
7 management justification; and
8 ‘‘(ii) is primarily used for and tailored
9 to achieving a legitimate network manage-
10 ment purpose, taking into account the par-
11 ticular network architecture and technology
12 of the service; and
13 ‘‘(B) does not include other business prac-
14 tices.
15 ‘‘(5) SMALL BUSINESS.—The term ‘small busi-
16 ness’ has the meaning given such term under section
17 601(3) of title 5, United States Code.
18 ‘‘(6) VOICE SERVICE.—The term ‘voice service’
19 has the meaning given such term under section
20 227(e)(8) of the Communications Act of 1934 (47
21 U.S.C. 227(e)(8)).
22 ‘‘(7) WI-FI.—The term ‘Wi-Fi’ means a wireless
23 networking protocol based on Institute of Electrical
24 and Electronics Engineers standard 802.11 (or any
25 successor standard).
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1 ‘‘(8) WI-FI HOTSPOT.—The term ‘Wi-Fi hotspot’
2 means a device that is capable of—
3 ‘‘(A) receiving mobile broadband internet
4 access service; and
5 ‘‘(B) sharing such service with another de-
6 vice through the use of Wi-Fi.’’.
7 TITLE V—DON’T BREAK UP THE
8 T–BAND
9 SEC. 501. REPEAL OF REQUIREMENT TO REALLOCATE AND
10 AUCTION T–BAND SPECTRUM.
11 (a) REPEAL.—Section 6103 of the Middle Class Tax
12 Relief and Job Creation Act of 2012 (47 U.S.C. 1413) is
13 repealed.
14 (b) CLERICAL AMENDMENT.—The table of contents in
15 section 1(b) of such Act is amended by striking the item
16 relating to section 6103.
17 TITLE VI—COVID–19 COMPAS-
18 SION AND MARTHA WRIGHT
19 PRISON PHONE JUSTICE
20 SEC. 601. FINDINGS.
21 Congress finds the following:
22 (1) Prison, jails, and other confinement facilities
23 in the United States have unique telecommunications
24 needs due to safety and security concerns.
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1 (2) Unjust and unreasonable charges for tele-
2 phone and advanced communications services in con-
3 finement facilities negatively impact the safety and
4 security of communities in the United States by dam-
5 aging relationships between incarcerated persons and
6 their support systems, thereby exacerbating recidi-
7 vism.
8 (3) The COVID–19 pandemic has greatly inten-
9 sified these concerns. Jails and prisons have become
10 epicenters for the spread of the virus, with incarcer-
11 ated persons concentrated in small, confined spaces
12 and often without access to adequate health care. At
13 Cook County jail alone, hundreds of incarcerated per-
14 sons and jail staff have tested positive for the virus
15 since its outbreak.
16 (4) To prevent the spread of the virus, many
17 jails and prisons across the country suspended public
18 visitation, leaving confinement facility communica-
19 tions services as the only way that incarcerated per-
20 sons can stay in touch with their families.
21 (5) All people in the United States, including
22 anyone who pays for confinement facility commu-
23 nications services, should have access to communica-
24 tions services at charges that are just and reasonable.
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1 (6) Unemployment has risen sharply as a result
2 of the COVID–19 pandemic, straining the incomes of
3 millions of Americans and making it even more dif-
4 ficult for families of incarcerated persons to pay the
5 high costs of confinement facility communications
6 services.
7 (7) Certain markets for confinement facility
8 communications services are distorted due to reverse
9 competition, in which the financial interests of the
10 entity making the buying decision (the confinement
11 facility) are aligned with the seller (the provider of
12 confinement facility communications services) and
13 not the consumer (the incarcerated person or a mem-
14 ber of his or her family). This reverse competition oc-
15 curs because site commission payments to the confine-
16 ment facility from the provider of confinement facil-
17 ity communications services are the chief criterion
18 many facilities use to select their provider of confine-
19 ment facility communications services.
20 (8) Charges for confinement facility communica-
21 tions services that have been shown to be unjust and
22 unreasonable are often a result of site commission
23 payments that far exceed the costs incurred by the
24 confinement facility in accommodating these services.
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1 (9) Unjust and unreasonable charges have been
2 assessed for both audio and video services and for both
3 intrastate and interstate communications from con-
4 finement facilities.
5 (10) Though Congress enacted emergency legisla-
6 tion to allow free communications in Federal prisons
7 during the pandemic, it does not cover communica-
8 tions to or from anyone incarcerated in State and
9 local prisons or jails.
10 (11) Mrs. Martha Wright-Reed led a campaign
11 for just communications rates for incarcerated people
12 for over a decade.
13 (12) Mrs. Wright-Reed was the lead plaintiff in
14 Wright v. Corrections Corporation of America, CA
15 No. 00–293 (GK) (D.D.C. 2001).
16 (13) That case ultimately led to the Wright Peti-
17 tion at the Federal Communications Commission, CC
18 Docket No. 96–128 (November 3, 2003).
19 (14) As a grandmother, Mrs. Wright-Reed was
20 forced to choose between purchasing medication and
21 communicating with her incarcerated grandson.
22 (15) Mrs. Wright-Reed passed away on January
23 18, 2015, before fully realizing her dream of just com-
24 munications rates for all people.
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1 SEC. 602. REQUIREMENTS FOR CONFINEMENT FACILITY
2 COMMUNICATIONS SERVICES, DURING THE
3 COVID–19 PANDEMIC AND OTHER TIMES.
4 (a) IN GENERAL.—Section 276 of the Communications
5 Act of 1934 (47 U.S.C. 276) is amended by adding at the
6 end the following:
7 ‘‘(e) ADDITIONAL REQUIREMENTS FOR CONFINEMENT
8 FACILITY COMMUNICATIONS SERVICES.—
9 ‘‘(1) AUTHORITY.—
10 ‘‘(A) IN GENERAL.—All charges, practices,
11 classifications, and regulations for and in con-
12 nection with confinement facility communica-
13 tions services shall be just and reasonable, and
14 any such charge, practice, classification, or regu-
15 lation that is unjust or unreasonable is declared
16 to be unlawful.
17 ‘‘(B) RULEMAKING REQUIRED.—Not later
18 than 18 months after the date of the enactment
19 of this subsection, the Commission shall issue
20 rules to adopt, for the provision of confinement
21 facility communications services, rates and an-
22 cillary service charges that are just and reason-
23 able, which shall be the maximum such rates and
24 charges that a provider of confinement facility
25 communications services may charge for such
26 services. In determining rates and charges that
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1 are just and reasonable, the Commission shall
2 adopt such rates and charges based on the aver-
3 age industry costs of providing such services
4 using data collected from providers of confine-
5 ment facility communications services.
6 ‘‘(C) BIENNIAL REVIEW.—Not less fre-
7 quently than every 2 years following the issuance
8 of rules under subparagraph (B), the Commis-
9 sion shall—
10 ‘‘(i) determine whether the rates and
11 ancillary service charges authorized by the
12 rules issued under such subparagraph re-
13 main just and reasonable; and
14 ‘‘(ii) if the Commission determines
15 under clause (i) that any such rate or
16 charge does not remain just and reasonable,
17 revise such rules so that such rate or charge
18 is just and reasonable.
19 ‘‘(2) INTERIM RATE CAPS.—Until the Commis-
20 sion issues the rules required by paragraph (1)(B), a
21 provider of confinement facility communications serv-
22 ices may not charge a rate for any voice service com-
23 munication using confinement facility communica-
24 tions services that exceeds the following:
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1 ‘‘(A) For debit calling or prepaid calling,
2 $0.04 per minute.
3 ‘‘(B) For collect calling, $0.05 per minute.
4 ‘‘(3) ASSESSMENT ON PER-MINUTE BASIS.—Ex-
5 cept as provided in paragraph (4), a provider of con-
6 finement facility communications services—
7 ‘‘(A) shall assess all charges for a commu-
8 nication using such services on a per-minute
9 basis for the actual duration of the communica-
10 tion, measured from communication acceptance
11 to termination, rounded up to the next full
12 minute, except in the case of charges for services
13 that the confinement facility offers free of charge
14 or for amounts below the amounts permitted
15 under this subsection; and
16 ‘‘(B) may not charge a per-communication
17 or per-connection charge for a communication
18 using such services.
19 ‘‘(4) ANCILLARY SERVICE CHARGES.—
20 ‘‘(A) GENERAL PROHIBITION.—A provider
21 of confinement facility communications services
22 may not charge an ancillary service charge other
23 than—
24 ‘‘(i) if the Commission has not yet
25 issued the rules required by paragraph
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