II 

116TH CONGRESS 

2D SESSION S. 4322 

To help Americans safely get back to school and back to work, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2020 

Mr. ALEXANDER introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To help Americans safely get back to school and back to 

work, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Safely Back to School and Back to Work Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents is 

7 as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—HEALTH PROVISIONS 

Sec. 101. Improving earlier access to diagnostic tests. 

Sec. 102. Sustained on-shore manufacturing capacity for public health emergencies. 


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Sec. 103. Improving and sustaining State medical stockpiles. 

Sec. 104. Strengthening the Strategic National Stockpile. 

Sec. 105. Guidance for States and Indian Tribes on accessing the Strategic National Stockpile. 

Sec. 106. Modernizing infectious disease data collection. 

Sec. 107. Centers for Public Health Preparedness. 

Sec. 108. Telehealth plans. 

Sec. 109. Protection of human genetic information. 

Sec. 110. Reagan-Udall Foundation and Foundation for the National Institutes 

of Health. 

TITLE II—EDUCATION PROVISIONS 

Sec. 201. Simplifying student loan repayment. 

Sec. 202. Emergency education freedom grants. 

Sec. 203. Back to Work Child Care grants. 

Sec. 204. National emergency educational waivers. 

Sec. 205. Waivers for career, technical, and adult education. 

Sec. 206. Additional workforce activities. 

Sec. 207. Workforce recovery and training services. 

Sec. 208. Impact Aid provisions. 

Sec. 209. Amendments to education provisions of CARES. 

1 TITLE I—HEALTH PROVISIONS 

2 SEC. 101. IMPROVING EARLIER ACCESS TO DIAGNOSTIC 

3 TESTS. 

4 Section 319D of the Public Health Service Act (42 

5 U.S.C. 247d–4) is amended by adding at the end the fol6 lowing: 

7 ‘‘(k) IMPROVING DIAGNOSTIC TEST, TREATMENT, 

8 AND VACCINE RESEARCH AND DEVELOPMENT.— 

9 ‘‘(1) VIRUS SAMPLE ACCESS.—Not later than 

10 180 days after the date of enactment of this sub11 section, the Secretary shall, in coordination with the 

12 Director of the Centers for Disease Control and Pre13 vention and the Commissioner of Food and Drugs, 

14 establish and make publicly available policies and 

15 procedures for public and private entities to access 


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1 samples of specimens containing infectious disease 

2 agents, or suitable surrogates or alternatives, as ap3 propriate, that may support the development of 

4 products, including the development of diagnostic 

5 tests, treatments, or vaccines, to address emerging 

6 infectious diseases for biomedical research purposes, 

7 and for use to otherwise respond to emerging infec8 tious diseases, as the Secretary determines appro9 priate. 

10 ‘‘(2) GUIDANCE.—The Secretary shall issue 

11 guidance regarding the procedures for carrying out 

12 paragraph (1), including— 

13 ‘‘(A) the method for requesting samples of 

14 specimens containing infectious disease agents; 

15 ‘‘(B) criteria for sample availability and 

16 use of suitable surrogates or alternatives, as ap17 propriate; and 

18 ‘‘(C) information required to be provided 

19 in order to receive such samples or suitable sur20 rogates or alternatives. 

21 ‘‘(3) EARLIER DEVELOPMENT OF DIAGNOSTIC

22 TESTS.—The Secretary, acting through the Director 

23 of the Centers for Disease Control and Prevention, 

24 may contract with public and private entities, as ap25 propriate, to assist in the immediate and rapid deVerDate Sep 11 2014 02:59 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4322.IS S4322

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1 velopment, validation, and dissemination of diag2 nostic tests, as appropriate, for purposes of bio3 surveillance and other immediate public health re4 sponse activities to address an emerging infectious 

5 disease that has significant potential to cause a pub6 lic health emergency. 

7 ‘‘(4) CAPACITY PLANNING FOR SUPPLY

8 NEEDS.—The Secretary, in coordination with the 

9 Commissioner of Food and Drugs and the Director 

10 of the Centers for Disease Control and Prevention, 

11 shall, as appropriate, consult with medical product 

12 manufacturers, suppliers, and other relevant stake13 holders, as appropriate, to— 

14 ‘‘(A) identify specific supplies or compo15 nents needed, including specimen collection and 

16 transport materials, reagents, or other supplies 

17 related to the development, validation, or ad18 ministration of a diagnostic test to detect an in19 fectious disease for which an emergency use au20 thorization is in effect under section 564 of the 

21 Federal Food, Drug, and Cosmetic Act (21 

22 U.S.C. 360bbb–3); 

23 ‘‘(B) identify projected demand for and 

24 availability of such supplies and communicate 

25 such information to medical product manufacVerDate Sep 11 2014 02:59 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4322.IS S4322

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1 turers, suppliers, and other relevant stake2 holders during a public health emergency; and 

3 ‘‘(C) support activities to increase the 

4 availability of such supplies or alternative prod5 ucts that may be appropriately substituted for 

6 such supplies during a public health emer7 gency.’’. 

8 SEC. 102. SUSTAINED ON-SHORE MANUFACTURING CAPAC9 ITY FOR PUBLIC HEALTH EMERGENCIES. 

10 (a) IN GENERAL.—Section 319L of the Public 

11 Health Service Act (42 U.S.C. 247d–7e) is amended— 

12 (1) in subsection (a)(6)(B)— 

13 (A) by redesignating clauses (iv) and (v) as 

14 clauses (v) and (vi), respectively; 

15 (B) by inserting after clause (iii), the fol16 lowing: 

17 ‘‘(iv) activities to support domestic 

18 manufacturing surge capacity of products 

19 or platform technologies, including manu20 facturing capacity and capabilities to uti21 lize platform technologies to provide for 

22 flexible manufacturing initiatives;’’; and 

23 (C) in clause (vi) (as so redesignated), by 

24 inserting ‘‘manufacture,’’ after ‘‘improvement,’’; 

25 (2) in subsection (b)— 


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1 (A) in the first sentence of paragraph (1), 

2 by inserting ‘‘support for domestic manufac3 turing surge capacity,’’ after ‘‘initiatives for in4 novation,’’; and 

5 (B) in paragraph (2)— 

6 (i) in subparagraph (B), by striking 

7 ‘‘and’’ at the end; 

8 (ii) by redesignating subparagraph 

9 (C) as subparagraph (D); and 

10 (iii) by inserting after subparagraph 

11 (B), the following: 

12 ‘‘(C) activities to support manufacturing 

13 surge capacities and capabilities to increase the 

14 availability of existing medical countermeasures 

15 and utilize existing novel platforms to manufac16 ture new medical countermeasures to meet 

17 manufacturing demands to address threats that 

18 pose a significant level of risk to national secu19 rity; and’’; 

20 (3) in subsection (c)— 

21 (A) in paragraph (2)— 

22 (i) in subparagraph (C), by striking 

23 ‘‘and’’ at the end; 

24 (ii) in subparagraph (D), by striking 

25 the period and inserting ‘‘; and’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(E) promoting domestic manufacturing 

4 surge capacity and capabilities for counter5 measure advanced research and development, 

6 including facilitating contracts to support flexi7 ble or surge manufacturing.’’; 

8 (B) in paragraph (4)— 

9 (i) in subparagraph (B)— 

10 (I) in clause (iii), by striking 

11 ‘‘and’’ at the end; 

12 (II) in clause (iv), by striking the 

13 period and inserting ‘‘; and’’; and 

14 (III) by adding at the end the 

15 following: 

16 ‘‘(v) support and maintain domestic 

17 manufacturing surge capacity and capabili18 ties, including through contracts to sup19 port flexible or surge manufacturing, to en20 sure that additional production of counter21 measures is available in the event that the 

22 Secretary determines there is such a need 

23 for additional production.’’; 

24 (ii) in subparagraph (D)— 


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1 (I) in clause (ii), by striking 

2 ‘‘and’’ at the end; 

3 (II) by redesignating clause (iii) 

4 as clause (iv); and 

5 (III) by inserting after clause (ii) 

6 the following: 

7 ‘‘(iii) research to advance manufac8 turing capacities and capabilities for med9 ical countermeasures and platform tech10 nologies that may be utilized for medical 

11 countermeasures; and’’; and 

12 (iii) in subparagraph (E), by striking 

13 clause (ix); and 

14 (C) in paragraph (7)(C)(i), by striking ‘‘up 

15 to 100 highly qualified individuals, or up to 50 

16 percent of the total number of employees, 

17 whichever is less,’’ and inserting ‘‘75 percent of 

18 the total number of employees’’; 

19 (4) in subsection (e)(1)— 

20 (A) by redesignating subparagraphs (B) 

21 through (D) as subparagraphs (C) through (E), 

22 respectively; and 

23 (B) by inserting after subparagraph (A), 

24 the following: 


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1 ‘‘(B) TEMPORARY FLEXIBILITY.—During a 

2 public health emergency under section 319, the 

3 Secretary shall be provided with an additional 

4 60 business days to comply with information re5 quests for the disclosure of information under 

6 section 552 of title 5, United States Code, re7 lated to the activities under this section (unless 

8 such activities are otherwise exempt under sub9 paragraph (A)).’’; and 

10 (5) in subsection (f)— 

11 (A) in paragraph (1), by striking ‘‘Not 

12 later than 180 days after the date of enactment 

13 of this subsection’’ and inserting ‘‘Not later 

14 than 180 days after the date of enactment of 

15 the Safely Back to School and Back to Work 

16 Act’’; and 

17 (B) in paragraph (2), by striking ‘‘Not 

18 later than 1 year after the date of enactment of 

19 this subsection’’ and inserting ‘‘Not later than 

20 1 year after the date of enactment of the Safely 

21 Back to School and Back to Work Act’’. 

22 (b) MEDICAL COUNTERMEASURE INNOVATION PART23 NER.—The restrictions under section 202 of division A of 

24 the Further Consolidated Appropriations Act, 2020 (Pub25 lic Law 116–94), or any other provision of law imposing 


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1 a restriction on salaries of individuals related to a previous 

2 appropriation to the Department of Health and Human 

3 Services, shall not apply with respect to salaries paid pur4 suant to an agreement under the medical countermeasure 

5 innovation partner program under section 319L(c)(4)(E) 

6 of the Public Health Service Act (42 U.S.C. 247d– 

7 7e(c)(4)(E)). 

8 SEC. 103. IMPROVING AND SUSTAINING STATE MEDICAL 

9 STOCKPILES. 

10 Section 319F–2 of the Public Health Service Act (42 

11 U.S.C. 247d–6b) is amended by adding at the end the fol12 lowing: 

13 ‘‘(i) IMPROVING AND MAINTAINING STATE MEDICAL

14 STOCKPILES.— 

15 ‘‘(1) IN GENERAL.—The Secretary, acting 

16 through the Assistant Secretary for Preparedness 

17 and Response, shall award grants, contracts, or co18 operative agreements to eligible entities to maintain 

19 a stockpile of appropriate drugs, vaccines and other 

20 biological products, medical devices, and other med21 ical supplies (including personal protective equip22 ment, ancillary medical supplies, and other applica23 ble supplies required for the administration of drugs, 

24 vaccines and other biological products, medical de25 vices, and diagnostic tests) to be used during a pubVerDate Sep 11 2014 02:59 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4322.IS S4322

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1 lic health emergency declared by the Governor of a 

2 State or by the Secretary under section 319, or a 

3 major disaster or emergency declared by the Presi4 dent under section 401 or 501, respectively, of the 

5 Robert T. Stafford Disaster Relief and Emergency 

6 Assistance Act, in order to support the preparedness 

7 goals described in paragraphs (2), (3), and (8) of 

8 section 2802(b). 

9 ‘‘(2) ELIGIBLE ENTITIES.— 

10 ‘‘(A) IN GENERAL.—To be eligible to re11 ceive an award under paragraph (1), an entity 

12 shall— 

13 ‘‘(i) be a State or consortium of 

14 States that is a recipient of an award 

15 under section 319C–1(b); and 

16 ‘‘(ii) prepare, in consultation with ap17 propriate health care providers and health 

18 officials within the State or consortium of 

19 States, and submit to the Secretary an ap20 plication that contains such information as 

21 the Secretary may require, including a 

22 plan for the State stockpile and a descrip23 tion of the activities such entity will carry 

24 out under the agreement, consistent with 

25 the requirements of paragraph (3). 


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1 ‘‘(B) LIMITATION.—The Secretary may 

2 make an award under this subsection to not 

3 more than one eligible entity in each State. 

4 ‘‘(C) SUPPLEMENT NOT SUPPLANT.— 

5 Awards, contracts, or grants awarded under 

6 this subsection shall supplement, not supplant, 

7 the reserve amounts of medical supplies pro8 cured by and for the Strategic National Stock9 pile under subsection (a). 

10 ‘‘(D) ADMINISTRATIVE EXPENSES.—Not 

11 more than 5 percent of amounts received by an 

12 entity pursuant to an award under this sub13 section may be used for administrative ex14 penses. 

15 ‘‘(E) CLARIFICATION.—An eligible entity 

16 receiving an award under this subsection may 

17 assign a lead entity to manage the State stock18 pile, which may be a recipient of an award 

19 under section 319C–2(b). 

20 ‘‘(F) REQUIREMENT OF MATCHING

21 FUNDS.— 

22 ‘‘(i) IN GENERAL.—Subject to clause 

23 (ii), the Secretary may not make an award 

24 under this subsection unless the applicant 

25 agrees, with respect to the costs to be inVerDate Sep 11 2014 02:59 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4322.IS S4322

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1 curred by the applicant in carrying out the 

2 purpose described in this subsection, to 

3 make available non-Federal contributions 

4 toward such costs in an amount equal to— 

5 ‘‘(I) for each of fiscal years 2023 

6 and 2024, not less than $1 for each 

7 $10 of Federal funds provided in the 

8 award; 

9 ‘‘(II) for each of fiscal years 

10 2025 and 2026, not less than $1 for 

11 each $5 of Federal funds provided in 

12 the award; and 

13 ‘‘(III) for fiscal year 2027 and 

14 each fiscal year thereafter, not less 

15 than $1 for each $3 of Federal funds 

16 provided in the award. 

17 ‘‘(ii) WAIVER.— 

18 ‘‘(I) IN GENERAL.—The Sec19 retary may, upon the request of a 

20 State, waive the requirement under 

21 clause (i) in whole or in part if the 

22 Secretary determines that extraor23 dinary economic conditions in the 

24 State in the fiscal year involved or in 


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1 the previous fiscal year justify the 

2 waiver. 

3 ‘‘(II) APPLICABILITY OF WAIV4 ER.—A waiver provided by the Sec5 retary under this subparagraph shall 

6 apply only to the fiscal year involved. 

7 ‘‘(3) STOCKPILING ACTIVITIES AND REQUIRE8 MENTS.—A recipient of a grant, contract, or cooper9 ative agreement under this subsection shall use such 

10 funds to carry out the following: 

11 ‘‘(A) Maintaining a stockpile of appro12 priate drugs, vaccines and other biological prod13 ucts, medical devices, and other supplies (in14 cluding personal protective equipment, ancillary 

15 medical supplies, and other applicable supplies 

16 required for the administration of drugs, vac17 cines and other biological products, medical de18 vices, and diagnostic tests) to be used during a 

19 public health emergency in such numbers, 

20 types, and amounts as the State determines 

21 necessary, consistent with such State’s stockpile 

22 plan. Such a recipient may not use funds to 

23 support the stockpiling of countermeasures as 

24 defined under subsection (c), unless the eligible 

25 entity provides justification for maintaining 


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1 such products and the Secretary determines 

2 such appropriate and applicable. 

3 ‘‘(B) Deploying the stockpile as required 

4 by the State to respond to an actual or poten5 tial public health emergency. 

6 ‘‘(C) Replenishing and making necessary 

7 additions or modifications to the contents of 

8 such stockpile or stockpiles, including to ad9 dress potential depletion. 

10 ‘‘(D) In consultation with Federal, State, 

11 and local officials, take into consideration the 

12 availability, deployment, dispensing, and admin13 istration requirements of medical products with14 in the stockpile. 

15 ‘‘(E) Ensuring that procedures are fol16 lowed for inventory management and account17 ing, and for the physical security of the stock18 pile, as appropriate. 

19 ‘‘(F) Reviewing and revising, as appro20 priate, the contents of the stockpile on a reg21 ular basis to ensure that to the extent prac22 ticable, advanced technologies and medical 

23 products are considered. 

24 ‘‘(G) Carrying out exercises, drills, and 

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1 ment, dispensing, and administration of medical 

2 products, and for purposes of assessing the ca3 pability of such stockpile to address the medical 

4 supply needs of public health emergencies of 

5 varying types and scales, which may be con6 ducted in accordance with requirements related 

7 to exercises, drills, and other training for recipi8 ents of awards under section 319C–1 or 319C– 

9 2, as applicable. 

10 ‘‘(H) Carrying out other activities as the 

11 State determines appropriate, to support State 

12 efforts to prepare for, and respond to, public 

13 health threats. 

14 ‘‘(4) STATE PLAN COORDINATION.—The eligible 

15 entity under this subsection shall ensure appropriate 

16 coordination of the State stockpile plan developed 

17 pursuant to paragraph (2)(A)(ii) and the plans re18 quired pursuant to section 319C–1. 

19 ‘‘(5) GUIDANCE FOR STATES.—Not later than 

20 180 days after the date of enactment of this sub21 section, the Secretary, acting through the Assistant 

22 Secretary for Preparedness and Response, shall 

23 issue guidance for States related to maintaining and 

24 replenishing a stockpile of medical products. The 

25 Secretary shall update such guidance as appropriate. 


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1 ‘‘(6) ASSISTANCE TO STATES.—The Secretary 

2 shall provide assistance to States, including technical 

3 assistance, as appropriate, to maintain and improve 

4 State and local public health preparedness capabili5 ties to distribute and dispense medical products 

6 from a State stockpile. 

7 ‘‘(7) COORDINATION WITH THE STRATEGIC NA8 TIONAL STOCKPILE.—Each recipient of an award 

9 under this subsection shall ensure that the State 

10 stockpile plan developed pursuant to paragraph 

11 (2)(A)(ii) contains such information as the Secretary 

12 may require related to current inventory of supplies 

13 maintained pursuant to paragraph (3), and any 

14 plans to replenish such supplies, or procure new or 

15 alternative supplies. The Secretary shall use infor16 mation obtained from State stockpile plans to inform 

17 the maintenance and management of the Strategic 

18 National Stockpile pursuant to subsection (a). 

19 ‘‘(8) PERFORMANCE AND ACCOUNTABILITY.— 

20 ‘‘(A) IN GENERAL.—The Secretary, acting 

21 through the Assistant Secretary for Prepared22 ness and Response, shall develop and implement 

23 a process to review and audit entities in receipt 

24 of an award under this subsection, including by 

25 establishing metrics to ensure that each entity 


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1 receiving such an award is carrying out activi2 ties in accordance with the applicable State 

3 stockpile plan. The Secretary may require enti4 ties to— 

5 ‘‘(i) measure progress toward achiev6 ing the outcome goals; and 

7 ‘‘(ii) at least annually, test, exercise, 

8 and rigorously evaluate the stockpile ca9 pacity and response capabilities of the enti10 ty, and report to the Secretary on the re11 sults of such test, exercise, and evaluation, 

12 and on progress toward achieving outcome 

13 goals, based on criteria established by the 

14 Secretary. 

15 ‘‘(B) NOTIFICATION OF FAILURE.—The 

16 Secretary shall develop and implement a proc17 ess to notify entities that are determined by the 

18 Secretary to have failed to meet the require19 ments of the terms of an award under this sub20 section. Such process shall provide such entities 

21 with the opportunity to correct such noncompli22 ance. An entity that fails to correct such non23 compliance shall be subject to subparagraph 

24 (C). 


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1 ‘‘(C) WITHHOLDING OF CERTAIN AMOUNTS

2 FROM ENTITIES THAT FAIL TO ACHIEVE

3 BENCHMARKS OR SUBMIT STATE STOCKPILE

4 PLAN.—Beginning with fiscal year 2022, and in 

5 each succeeding fiscal year, the Secretary shall 

6 withhold from each entity that has failed sub7 stantially to meet the terms of an award under 

8 this subsection for at least 1 of the 2 imme9 diately preceding fiscal years (beginning with 

10 fiscal year 2022), the amount allowed for ad11 ministrative expenses described in described in 

12 paragraph (2)(D). 

13 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 

14 For the purpose of carrying out this subsection, 

15 there are authorized to be appropriated 

16 $1,000,000,000 for each of fiscal years 2021 

17 through 2030, to remain available until expended.’’. 

18 SEC. 104. STRENGTHENING THE STRATEGIC NATIONAL 

19 STOCKPILE. 

20 Section 319F–2 of the Public Health Service Act (42 

21 U.S.C. 247d–6b) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (2)(A), by adding ‘‘and 

24 the contracts issued under paragraph (5)’’ after 

25 ‘‘paragraph (1)’’; 


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1 (B) in paragraph (3)(F), by striking ‘‘Sec2 retary of Homeland Security’’ and inserting 

3 ‘‘Secretary of Health and Human Services, in 

4 coordination with or at the request of, the Sec5 retary of Homeland Security,’’; 

6 (C) by redesignating paragraph (5) as 

7 paragraph (6); 

8 (D) by inserting after paragraph (4) the 

9 following: 

10 ‘‘(5) SURGE CAPACITY.—The Secretary, in 

11 maintaining the stockpile under paragraph (1) and 

12 carrying out procedures under paragraph (3), may— 

13 ‘‘(A) enter into contracts or cooperative 

14 agreements with vendors for procurement, 

15 maintenance, and storage of reserve amounts of 

16 drugs, vaccines and other biological products, 

17 medical devices, and other medical supplies (in18 cluding personal protective equipment, ancillary 

19 medical supplies, and other applicable supplies 

20 required for the administration of drugs, vac21 cines and other biological products, medical de22 vices, and diagnostic tests in the stockpile), 

23 under such terms and conditions (including 

24 quantity, production schedule, maintenance 


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1 costs, and price of product) as the Secretary 

2 may specify, including for purposes of— 

3 ‘‘(i) maintenance and storage of re4 serve amounts of products intended to be 

5 delivered to the ownership of the Federal 

6 Government under the contract, which may 

7 consider costs of shipping, or otherwise 

8 transporting, handling, storage, and re9 lated costs for such product or products; 

10 and 

11 ‘‘(ii) maintaining domestic manufac12 turing capacity of such products to ensure 

13 additional reserved production capacity of 

14 such products is available, and that such 

15 products are provided in a timely manner, 

16 to be delivered to the ownership of the 

17 Federal Government under the contract 

18 and deployed in the event that the Sec19 retary determines that there is a need to 

20 quickly purchase additional quantities of 

21 such product; and 

22 ‘‘(B) promulgate such regulations as the 

23 Secretary determines necessary to implement 

24 this paragraph.’’; and 


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1 (E) in subparagraph (A) of paragraph (6), 

2 as so redesignated— 

3 (i) in clause (viii), by striking ‘‘; and’’ 

4 and inserting a semicolon; 

5 (ii) in clause (ix), by striking the pe6 riod and inserting ‘‘; and’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(x) an assessment of the contracts or 

10 cooperative agreements entered into pursu11 ant to paragraph (5).’’; and 

12 (2) in subsection (c)(2)(C), by striking ‘‘on an 

13 annual basis’’ and inserting ‘‘not later than March 

14 15 of each year’’. 

15 SEC. 105. GUIDANCE FOR STATES AND INDIAN TRIBES ON 

16 ACCESSING THE STRATEGIC NATIONAL 

17 STOCKPILE. 

18 Not later than 15 days after the date of enactment 

19 of this Act, for purposes of the public health emergency 

20 declared by the Secretary pursuant to section 319 of the 

21 Public Health Service Act on January 31, 2020, with re22 spect to COVID–19, the Secretary of Health and Human 

23 Services shall issue guidance to clarify the processes by 

24 which the Secretary of Health and Human Services pro25 vides Federal assistance through the Strategic National 


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1 Stockpile under section 319F–2 of the Public Health Serv2 ice Act (42 U.S.C. 247d–6b) to States, localities, terri3 tories, and Indian tribes and tribal organizations (as de4 fined under section 4 of the Indian Self-Determination 

5 and Education Assistance Act). Such guidance shall in6 clude information related to processes by which to request 

7 access to medical supplies in the Strategic National Stock8 pile and factors considered by the Secretary of Health and 

9 Human Services when making distribution decisions. 

10 SEC. 106. MODERNIZING INFECTIOUS DISEASE DATA COL11 LECTION. 

12 (a) IMPROVING INFECTIOUS DISEASE DATA COLLEC13 TION.—Section 319D of the Public Health Service Act (42 

14 U.S.C. 247d–4) is amended— 

15 (1) in subsection (c)— 

16 (A) in paragraph (3)(A)(iv), by inserting 

17 ‘‘(such as commercial, academic, and other hos18 pital laboratories)’’ after ‘‘clinical laboratories’’; 

19 (B) in paragraph (5)— 

20 (i) in subparagraph (A)— 

21 (I) in the matter preceding clause 

22 (i), by striking ‘‘and operating’’ and 

23 inserting ‘‘, operating, and updating’’; 

24 (II) in clause (iv), by striking 

25 ‘‘and’’ at the end; 


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1 (III) in clause (v), by striking the 

2 period and inserting ‘‘; and’’; and 

3 (IV) by adding at the end the fol4 lowing: 

5 ‘‘(vi) integrate and update applicable 

6 existing Centers for Disease Control and 

7 Prevention data systems and networks in 

8 collaboration with State, local, tribal, and 

9 territorial public health officials, including 

10 public health surveillance and disease de11 tection systems.’’; and 

12 (ii) in subparagraph (B)— 

13 (I) in clause (i), by inserting 

14 ‘‘and 60 days after the date of enact15 ment of the Safely Back to School 

16 and Back to Work Act’’ after ‘‘Inno17 vation Act of 2018’’; 

18 (II) in clause (ii), by inserting 

19 ‘‘epidemiologists, clinical microbiolo20 gists, pathologists and laboratory ex21 perts, experts in health information 

22 technology, privacy, and data secu23 rity’’ after ‘‘forecasting);’’; and 

24 (III) in clause (iii)— 


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1 (aa) in subclause (V), by 

2 striking ‘‘and’’ at the end; 

3 (bb) in subclause (VI), by 

4 striking the period; and 

5 (cc) by adding at the end 

6 the following: 

7 ‘‘(VII) strategies to integrate lab8 oratory and epidemiology systems and 

9 capabilities to conduct rapid and accu10 rate laboratory tests; 

11 ‘‘(VIII) strategies to improve the 

12 collection and reporting of appro13 priate, aggregated, deidentified demo14 graphic data to inform responses to 

15 public health emergencies, including 

16 identification of at-risk populations 

17 and to address health disparities; and 

18 ‘‘(IX) strategies to improve the 

19 electronic exchange of health informa20 tion between State and local health 

21 departments and health care providers 

22 and facilities to improve public health 

23 surveillance.’’; and 

24 (C) in paragraph (6)— 

25 (i) in subparagraph (A)— 


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1 (I) in clause (iii)— 

2 (aa) in subclause (III), by 

3 striking ‘‘and’’ at the end; 

4 (bb) in subclause (IV), by 

5 inserting ‘‘, including the ability 

6 to conduct and report on rapid 

7 and accurate laboratory testing 

8 during a public health emer9 gency’’ before the semicolon; and 

10 (cc) by adding at the end 

11 the following: 

12 ‘‘(V) improve coordination and 

13 collaboration, as appropriate, with 

14 other Federal departments; and 

15 ‘‘(VI) implement applicable les16 sons learned from recent public health 

17 emergencies to address gaps in situa18 tional awareness and biosurveillance 

19 capabilities, including an evaluation of 

20 ways to improve the collection and re21 porting of aggregated, deidentified de22 mographic data to inform public 

23 health preparedness and response’’; 

24 (II) in clause (iv), by striking 

25 ‘‘and’’ at the end; 


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1 (III) in clause (v), by striking the 

2 period and inserting ‘‘including a de3 scription of how such steps will fur4 ther the goal of improving awareness 

5 of and timely responses to emerging 

6 infectious disease threats; and’’; and 

7 (IV) by adding at the end the fol8 lowing: 

9 ‘‘(vi) identifies and demonstrates 

10 measurable steps the Secretary will take to 

11 further develop and integrate infectious 

12 disease detection, including expanding ca13 pabilities to conduct rapid and accurate di14 agnostic laboratory testing during a public 

15 health emergency, and improve coordina16 tion and collaboration with State, local, 

17 Tribal, and territorial public health offi18 cials, clinical laboratories (including com19 mercial, hospital and academic labora20 tories), and other entities with expertise in 

21 public health surveillance.’’; and 

22 (ii) by redesignating subparagraph 

23 (B) as subparagraph (C); and 

24 (iii) by inserting after subparagraph 

25 (A), the following: 


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1 ‘‘(B) REPORTS.— 

2 ‘‘(i) IN GENERAL.—Not later than 1 

3 month after date of enactment of the Safe4 ly Back to School and Back to Work Act, 

5 and as provided for in clause (ii), the Sec6 retary shall submit to the Committee on 

7 Health, Education, Labor, and Pensions of 

8 the Senate and the Committee on Energy 

9 and Commerce of the House of Represent10 atives, a report on the status of the De11 partment of Health and Human Services’ 

12 biosurveillance modernization and assess13 ment progress with respect to emerging in14 fectious disease threats. 

15 ‘‘(ii) ADDITIONAL REPORTS.—During 

16 the 2-year period beginning on the date of 

17 enactment of the Safely Back to School 

18 and Back to Work Act, the Secretary shall 

19 provide additional reports under clause (i) 

20 every 90 days after the submission of the 

21 initial report under such clause. The Sec22 retary shall provide such reports annually 

23 thereafter. The Secretary may provide such 

24 additional reports less frequently, but not 

25 less frequently than every 180 days, during 


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1 an ongoing public health emergency or an2 other significant infectious disease out3 break.’’; 

4 (2) in subsection (d)— 

5 (A) in paragraph (2)(C), by inserting ‘‘, in6 cluding any public-private partnerships entered 

7 into to improve such capacity’’ before the semi8 colon; and 

9 (B) in paragraph (3)— 

10 (i) in subparagraph (B), by striking 

11 ‘‘and’’ at the end; 

12 (ii) in subparagraph (C), by striking 

13 the period and inserting ‘‘; and’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(D) may establish, enhance, or maintain 

17 a system or network for the collection of data 

18 to provide for early detection of infectious dis19 ease outbreaks, near real-time access to rel20 evant electronic data and integration of elec21 tronic data and information from public health 

22 and other appropriate sources, such as labora23 tories, hospitals, and epidemiology systems, to 

24 enhance the capability to conduct rapid and acVerDate Sep 11 2014 02:59 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4322.IS S4322

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1 curate diagnostic laboratory tests to provide for 

2 disease detection.’’; 

3 (3) in subsection (f)(1)(A), by inserting ‘‘pa4 thologists, clinical microbiologists, laboratory profes5 sionals, epidemiologists,’’ after ‘‘forecasting),’’; and 

6 (4) in subsection (h), by adding at the end the 

7 following: ‘‘Such evaluation shall include identifica8 tion of any gaps in biosurveillance and situational 

9 awareness capabilities identified related to recent 

10 public health emergencies, any immediate steps 

11 taken to address such gaps, and any long-term plans 

12 to address such gaps, including steps related to ac13 tivities authorized under this section.’’. 

14 (b) NATIONAL HEALTH SECURITY STRATEGY.—Sec15 tion 2802(b)(2) of the Public Health Service Act (42 

16 U.S.C. 300hh–1(b)(2)) is amended— 

17 (1) in subparagraph (A), by inserting ‘‘such as 

18 by integrating laboratory and epidemiology systems 

19 and capability to conduct rapid and accurate labora20 tory tests,’’ after ‘‘detection, identification,’’; and 

21 (2) in subparagraph (B), by inserting ‘‘labora22 tory testing,’’ after ‘‘services and supplies,’’. 

23 (c) EPIDEMIOLOGY-LABORATORY CAPACITY

24 GRANTS.—Section 2821(a) of the Public Health Service 

25 Act (42 U.S.C. 300hh–31(a)) is amended— 


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1 (1) in paragraph (3), by striking ‘‘and’’; 

2 (2) in paragraph (4), by striking the period and 

3 inserting ‘‘; and’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(5) supporting activities of State and local 

6 public health departments related to biosurveillance 

7 and disease detection, which may include activities 

8 related to section 319D, as appropriate.’’. 

9 SEC. 107. CENTERS FOR PUBLIC HEALTH PREPAREDNESS. 

10 (a) IN GENERAL.—Subpart B of title III of the Pub11 lic Health Service Act (42 U.S.C. 243 et seq.) is amended 

12 by inserting after section 319F–4 the following: 

13 ‘‘SEC. 319F–5. CENTERS FOR PUBLIC HEALTH PREPARED14 NESS. 

15 ‘‘(a) IN GENERAL.—The Secretary may award 

16 grants, contracts, or cooperative agreements to institu17 tions of higher education or other nonprofit private enti18 ties for the establishment or support of a network of re19 gional centers for public health preparedness (referred to 

20 in this section as ‘Centers’). 

21 ‘‘(b) USE OF FUNDS.—Centers established or sup22 ported under this section shall— 

23 ‘‘(1) advance the awareness of public health of24 ficials, health care professionals, and the public, with 

25 respect to information and research related to public 


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1 health preparedness and response, including for 

2 chemical, biological, radiological, and nuclear 

3 threats, including emerging infectious diseases, and 

4 epidemiology of emerging infectious diseases; 

5 ‘‘(2) identify and translate promising research 

6 findings or practices into evidence-based practices to 

7 inform preparedness for, and responses to, a chem8 ical, biological, radiological, or nuclear agent, includ9 ing naturally occurring infectious diseases; 

10 ‘‘(3) expand activities, including through public11 private partnerships, as appropriate, related to pub12 lic health preparedness and response, including par13 ticipation in drills and exercises and training public 

14 health experts, as appropriate; and 

15 ‘‘(4) provide technical assistance and expertise, 

16 as applicable, during public health emergencies, in17 cluding for emerging infectious disease threats, 

18 which may include identifying and communicating 

19 evidence on the impacts of such threats on at-risk 

20 populations. 

21 ‘‘(c) REQUIREMENTS.—To be eligible for an award 

22 under this section, an entity shall submit to the Secretary 

23 an application containing such information as the Sec24 retary may require, including a description of how the en25 tity will— 


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1 ‘‘(1) coordinate activities with State, local, and 

2 tribal health departments, hospitals, and health care 

3 coalitions, including recipients of awards under sec4 tion 319C–1, 319C–2, or 319C–3, in order to im5 prove preparedness, integrate capabilities and func6 tions, and reduce duplication; and 

7 ‘‘(2) prioritize efforts to implement evidence8 based practices to improve public health prepared9 ness and reduce the spread of emerging infectious 

10 disease threats. 

11 ‘‘(d) DISTRIBUTION OF AWARDS.—In awarding 

12 grants, contracts, or cooperative agreements under this 

13 section, the Secretary shall support not fewer than 10 re14 gional centers for public health preparedness, subject to 

15 the availability of appropriations. 

16 ‘‘(e) AUTHORIZATION.—For purposes of carrying out 

17 this section, there are authorized to be appropriated such 

18 sums as may be necessary for each of fiscal years 2021 

19 through 2025.’’. 

20 (b) CONFORMING CHANGES.—Section 319F of the 

21 Public Health Service Act (42 U.S.C. 247d–6) is amend22 ed— 

23 (1) by striking subsection (d); and 

24 (2) by redesignating subsections (e) and (f) as 

25 subsections (d) and (e), respectively. 


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1 SEC. 108. TELEHEALTH PLANS. 

2 (a) PHSA.—Title XXVII of the Public Health Serv3 ice Act (42 U.S.C. 300gg et seq.) is amended— 

4 (1) in section 2722(c) (42 U.S.C. 300gg–21(c)), 

5 by adding at the end the following: 

6 ‘‘(4) TELEHEALTH BENEFITS.— 

7 ‘‘(A) IN GENERAL.—The requirements of 

8 subparts I and II (except section 2704 (relating 

9 to the prohibition of preexisting condition exclu10 sions or other discrimination based on health 

11 status), section 2705 (relating to prohibition of 

12 discrimination against individual participants 

13 and beneficiaries based on health status), sec14 tion 2712 (relating to prohibition of rescis15 sions); and section 2726 (relating to parity in 

16 mental health or substance use disorder bene17 fits) and as provided by the Secretary in guid18 ance) shall not apply to any group health plan 

19 (or group health insurance coverage) offered by 

20 a large employer in relation to its provision of 

21 excepted benefits described in section 

22 2791(c)(5) if the benefits— 

23 ‘‘(i) are provided in accordance with 

24 guidance issued by the Secretary; and 

25 ‘‘(ii) are made available only to em26 ployees (and dependents of such employVerDate Sep 11 2014 02:59 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S4322.IS S4322

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1 ees) who are not eligible for another group 

2 health plan or group health insurance cov3 erage offered by the employer offering such 

4 benefits described in section 2791(c)(5). 

5 ‘‘(B) SUNSET.—This paragraph shall have 

6 no force or effect with respect to plan years be7 ginning on or after the later of— 

8 ‘‘(i) January 1, 2022; or 

9 ‘‘(ii) the date on which the public 

10 health emergency declared by the Secretary 

11 under section 319, on January 31, 2020, 

12 with respect to COVID–19 ends.’’; and 

13 (2) in section 2791(c) (42 U.S.C. 300gg–91(c)), 

14 by adding at the end the following: 

15 ‘‘(5) BENEFITS FOR TELEHEALTH SERVICES

16 ONLY.— 

17 ‘‘(A) IN GENERAL.—Benefits for telehealth 

18 services and other remote care services only, as 

19 specified in the guidance entitled, ‘FAQs about 

20 Families First Coronavirus Response Act and 

21 Coronavirus Aid, Relief, and Economic Security 

22 Act Implementation Part 43’, issued by the 

23 Secretary, the Secretary of Labor, and the Sec24 retary of the Treasury on June 23, 2020 (or 

25 any successor guidance). 


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1 ‘‘(B) SUNSET.—This paragraph shall have 

2 no force or effect with respect to plan years be3 ginning on or after the later of— 

4 ‘‘(i) January 1, 2022; or 

5 ‘‘(ii) the date on which the public 

6 health emergency declared by the Secretary 

7 under section 319, on January 31, 2020, 

8 with respect to COVID–19 ends.’’. 

9 (b) APPLICATION UNDER ERISA AND THE IRC.— 

10 Section 2722(c)(4) of the Public Health Service Act (as 

11 amended by subsection (a)) shall apply to group health 

12 plans and health insurance issuers providing health insur13 ance coverage in connection with group health plans pur14 suant to part 7 of subtitle B of title I of the Employee 

15 Retirement Income Security Act of 1974 (29 U.S.C. 1181 

16 et seq.), and pursuant to chapter 100 of subtitle K of the 

17 Internal Revenue Code of 1986, as though such section 

18 2722(c)(4) were included in such part and such chapter, 

19 respectively. 

20 (c) IMPLEMENTATION.—The Secretary of Health and 

21 Human Services, the Secretary of Labor, and the Sec22 retary of the Treasury may implement the provisions of 

23 this section, including the amendments made by this sec24 tion, through sub-regulatory guidance, program instruc25 tion, or otherwise. 


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1 SEC. 109. PROTECTION OF HUMAN GENETIC INFORMATION. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law, the Secretary of Health and Human Services 

4 shall ensure that no person may collect, store, analyze, dis5 seminate, or otherwise make use of, or benefit from, any 

6 human genetic information collected as a result of diag7 nostic and serologic testing for COVID–19, for any inci8 dental use, or any reason other than such diagnostic or 

9 serologic testing, except with the express, written, in10 formed consent of the individual being tested. 

11 (b) ENFORCEMENT.—Any person who violates sub12 section (a) shall be subject to a civil monetary penalty of 

13 not more than $100 for each such violation. 

14 (c) DEFINITIONS.—In this section— 

15 (1) the term ‘‘genetic information’’ has the 

16 meaning given such term in section 160.103 of title 

17 45, Code of Federal Regulations (or any successor 

18 regulations); and 

19 (2) the term ‘‘incidental’’ means any action 

20 taken by any person, directly or indirectly, to obtain 

21 genetic information from an individual, for any pur22 pose, other than the purpose specifically authorized 

23 by the living individual from whom the specimen has 

24 its biological origin or another designated individual 

25 if the individual is a minor or is incapacitated, or if 


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1 the individual is deceased, the individual’s next of 

2 kin. 

3 SEC. 110. REAGAN-UDALL FOUNDATION AND FOUNDATION 

4 FOR THE NATIONAL INSTITUTES OF HEALTH. 

5 (a) REAGAN-UDALL FOUNDATION FOR THE FOOD

6 AND DRUG ADMINISTRATION.—Section 770(n) of the 

7 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

8 379dd(n)) is amended by striking ‘‘$500,000 and not 

9 more than $1,250,000’’ and inserting ‘‘$1,250,000 and 

10 not more than $5,000,000’’. 

11 (b) FOUNDATION FOR THE NATIONAL INSTITUTES

12 OF HEALTH.—Section 499(l) of the Public Health Service 

13 Act (42 U.S.C. 290b(l)) is amended by striking ‘‘$500,000 

14 and not more than $1,250,000’’ and inserting 

15 ‘‘$1,250,000 and not more than $5,000,000’’. 

16 TITLE II—EDUCATION 

17 PROVISIONS 

18 SEC. 201. SIMPLIFYING STUDENT LOAN REPAYMENT. 

19 (a) IN GENERAL.—Section 455 of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1087e) is amended— 

21 (1) in subsection (d)(1)— 

22 (A) in subparagraph (D), by striking 

23 ‘‘and’’ after the semicolon; 

24 (B) in subparagraph (E), by striking the 

25 period at the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(F) notwithstanding any other provision 

3 of law, in the case of a loan described in sub4 section (a) that enters repayment on or after 

5 October 1, 2020, or for which a borrower seeks 

6 to change to a different repayment plan on or 

7 after October 1, 2020, only a repayment plan 

8 described in subsection (r).’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(r) REPAYMENT.— 

11 ‘‘(1) IN GENERAL.—For loans described under 

12 subsection (a) that enter repayment on or after Oc13 tober 1, 2020, or for which the borrower seeks to 

14 change to a different repayment plan on or after Oc15 tober 1, 2020, only the following repayment options 

16 shall be made available: 

17 ‘‘(A) A standard repayment plan, with a 

18 fixed annual repayment amount paid over a 

19 fixed period of time, not to exceed 10 years. 

20 ‘‘(B) An income determined repayment 

21 plan, with an annual repayment amount in the 

22 amount determined in accordance with para23 graph (2). 

24 ‘‘(2) INCOME DETERMINED REPAYMENT

25 PLANS.— 


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1 ‘‘(A) IN GENERAL.—An income determined 

2 repayment plan under paragraph (1)(B) shall 

3 require a borrower to pay an amount equal to 

4 10 percent of the result obtained by calculating, 

5 on at least an annual basis, the amount by 

6 which— 

7 ‘‘(i) the borrower’s, and the bor8 rower’s spouse’s (if applicable), adjusted 

9 gross income; exceeds 

10 ‘‘(ii) 150 percent of the poverty line 

11 applicable to the borrower’s family size as 

12 determined under section 673(2) of the 

13 Community Services Block Grant Act (42 

14 U.S.C. 9902(2)). 

15 ‘‘(B) EXCEPTIONS.— 

16 ‘‘(i) REDUCTION FOR CERTAIN BOR17 ROWERS.—For a borrower, and the bor18 rower’s spouse (if applicable), whose ad19 justed gross income exceeds 800 percent of 

20 the poverty line applicable to the bor21 rower’s family size as determined under 

22 section 673(2) of the Community Services 

23 Block Grant Act (42 U.S.C. 9902(2)), the 

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1 cent for each percentage point that the 

2 borrower’s adjusted gross income exceeds 

3 800 percent until the percentage amount 

4 calculated under subparagraph (A)(ii) is 

5 zero. 

6 ‘‘(ii) UNAVAILABILITY TO CERTAIN

7 BORROWERS.—The plan described in para8 graph (1)(B) shall not be available to the 

9 borrower of a Federal Direct PLUS Loan 

10 made on behalf of a dependent student or 

11 a Federal Direct Consolidation Loan, if 

12 proceeds of such loan were used to dis13 charge the liability on such Federal Direct 

14 PLUS Loan or a Federal PLUS Loan 

15 made under part B on behalf of a depend16 ent student. 

17 ‘‘(C) REPAYMENT PERIOD.—The amount 

18 of time a borrower is permitted to repay such 

19 loans under paragraph (1)(B) may exceed 10 

20 years. 

21 ‘‘(D) LOAN FORGIVENESS.— 

22 ‘‘(i) IN GENERAL.—The Secretary 

23 shall repay or cancel any outstanding bal24 ance of principal and interest due on any 


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1 loan repaid under the repayment plan de2 scribed under paragraph (1)(B)— 

3 ‘‘(I) for any undergraduate bor4 rower who has made payments under 

5 such plan for 20 years; or 

6 ‘‘(II) for any graduate borrower 

7 who has made payments under such 

8 plan for 25 years. 

9 ‘‘(ii) LIMITATION.—Any period of 

10 time in which a borrower is in delinquency 

11 or default shall not count toward the re12 payment or cancellation described in clause 

13 (i). 

14 ‘‘(3) MONTHLY PAYMENTS.—The Secretary 

15 shall determine the borrower’s monthly payment ob16 ligation to satisfy the payment amount determined 

17 in accordance with subparagraphs (A) or (B) of 

18 paragraph (1). 

19 ‘‘(4) BORROWER CHOICE.—A borrower who is 

20 repaying a loan under paragraph (1)(B) may elect, 

21 at any time, to terminate repayment pursuant to the 

22 income determined repayment plan and repay such 

23 loan under the standard repayment plan under para24 graph (1)(A).’’. 


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1 (b) PUBLIC SERVICE LOAN FORGIVENESS RULES

2 FOR INCOME-DETERMINED REPAYMENT PLANS.—Section 

3 455(m) of the Higher Education Act of 1965 (20 U.S.C. 

4 1087e(m)) is amended— 

5 (1) in paragraph (1)(A)— 

6 (A) in clause (iii), by striking ‘‘or’’ after 

7 the semicolon; 

8 (B) in clause (iv), by striking ‘‘; and’’ and 

9 inserting ‘‘; or’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(v) payments under an income deter12 mined repayment plan or a standard re13 payment plan under subsection (r), except 

14 as provided in paragraph (3); and’’; 

15 (2) by redesignating paragraphs (3) and (4) as 

16 paragraphs (4) and (5), respectively; and 

17 (3) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) EXCEPTION.— 

20 ‘‘(A) IN GENERAL.—To be eligible for loan 

21 cancellation under this subsection, a borrower 

22 who elects an income determined repayment 

23 plan under subsection (r) shall remain in such 

24 plan for the duration of repayment until such 

25 loan is cancelled. 


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1 ‘‘(B) REQUIRED NOTIFICATION AND AC2 KNOWLEDGMENT.— 

3 ‘‘(i) NOTIFICATION.—If a borrower 

4 who has elected an income determined re5 payment plan under subsection (r) subse6 quently indicates that the borrower wishes 

7 to change repayment plans, the Secretary 

8 shall notify the borrower that changing re9 payment plans will cause any monthly pay10 ments made prior to such change to not 

11 qualify toward the 120 monthly payments 

12 required for loan cancellation under this 

13 subsection. 

14 ‘‘(ii) ACKNOWLEDGMENT.—The Sec15 retary shall require acknowledgment of re16 ceipt of the notification under clause (i) 

17 from any borrower who has elected an in18 come determined repayment plan under 

19 subsection (r) and subsequently indicates 

20 that the borrower wishes to change repay21 ment plans.’’. 

22 (c) CERTIFICATION.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law, a borrower of a loan made, insured, 

25 or guaranteed under part B or D of title IV of the 


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1 Higher Education Act of 1965 (20 U.S.C. 1071 et 

2 seq.; 1087a et seq.) wishing to enter into an income 

3 determined repayment plan, as defined in section 

4 455(r) of the Higher Education Act of 1965 (20 

5 U.S.C. 1087e(r)) may self-certify that the borrower 

6 is unemployed for the purposes of determining a 

7 zero payment. 

8 (2) TERMINATION.—This subsection shall have 

9 no effect after December 31, 2020. 

10 (3) AUDIT.— 

11 (A) IN GENERAL.—Not later than Decem12 ber 31, 2021, the Secretary of Education shall 

13 select a portion of borrowers who self certify 

14 under paragraph (1) in order to determine the 

15 validity of those self-certifications. 

16 (B) NOTICE.—The Secretary of Education 

17 shall inform each borrower who selects to self 

18 certify under paragraph (1) that the Secretary 

19 may audit the borrower’s self-certification. 

20 (4) EXEMPTION.—Notwithstanding any other 

21 provisions of law, the provisions of this section shall 

22 not be subject to negotiated rulemaking as defined 

23 in section 492 of the Higher Education Act of 1965 

24 (20 U.S.C. 1098a). 


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1 SEC. 202. EMERGENCY EDUCATION FREEDOM GRANTS. 

2 (a) DEFINITIONS.—In this section: 

3 (1) ELIGIBLE SCHOLARSHIP-GRANTING ORGANI4 ZATION.—The term ‘‘eligible scholarship-granting 

5 organization’’ means— 

6 (A) an organization that— 

7 (i) is described in section 501(c)(3) of 

8 the Internal Revenue Code of 1986 and ex9 empt from taxation under section 501(a) 

10 of such Code; 

11 (ii) provides qualifying scholarships to 

12 individual elementary and secondary stu13 dents who— 

14 (I) reside in the State in which 

15 the eligible scholarship-granting orga16 nization is recognized; or 

17 (II) in the case of funds provided 

18 to the Secretary of the Interior, at19 tending elementary schools or sec20 ondary schools operated or funded by 

21 the Bureau of Indian Education; 

22 (iii) allocates at least 90 percent of 

23 qualified contributions to qualifying schol24 arships on an annual basis; and 

25 (iv) provides qualifying scholarships 

26 to— 


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1 (I) more than 1 eligible student; 

2 (II) more than 1 eligible family; 

3 and 

4 (III) different eligible students 

5 attending more than 1 education pro6 vider; or 

7 (B) an organization that— 

8 (i) is described in section 501(c)(3) of 

9 the Internal Revenue Code of 1986 and ex10 empt from taxation under section 501(a) 

11 of such Code; and 

12 (ii) pursuant to State law, was able, 

13 as of January 1, 2021, to receive contribu14 tions that are eligible for a State tax credit 

15 if such contributions are used by the orga16 nization to provide scholarships to indi17 vidual elementary and secondary students, 

18 including scholarships for attending private 

19 schools. 

20 (2) EMERGENCY EDUCATION FREEDOM GRANT

21 FUNDS.—The term ‘‘emergency education freedom 

22 grant funds’’ means the amount of funds available 

23 under subsection (b)(1) for this section that are not 

24 reserved under subsection (c)(1). 


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1 (3) QUALIFIED CONTRIBUTION.—The term 

2 ‘‘qualified contribution’’ means a contribution of 

3 cash to any eligible scholarship-granting organiza4 tion. 

5 (4) QUALIFIED EXPENSE.—The term ‘‘qualified 

6 expense’’ means any educational expense that is— 

7 (A) for an individual student’s elementary 

8 or secondary education, as recognized by the 

9 State; or 

10 (B) for the secondary education component 

11 of an individual elementary or secondary stu12 dent’s career and technical education, as de13 fined by section 3(5) of the Carl D. Perkins Ca14 reer and Technical Education Act of 2006 (20 

15 U.S.C. 2302(5)). 

16 (5) QUALIFYING SCHOLARSHIP.—The term 

17 ‘‘qualifying scholarship’’ means a scholarship grant18 ed by an eligible scholarship-granting organization to 

19 an individual elementary or secondary student for a 

20 qualified expense. 

21 (6) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Education. 

23 (7) STATE.—The term ‘‘State’’ means each of 

24 the 50 States, the District of Columbia, and the 

25 Commonwealth of Puerto Rico. 


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1 (b) GRANTS.— 

2 (1) PROGRAM AUTHORIZED.—From the funds 

3 appropriated to carry out this section, the Secretary 

4 shall carry out subsection (c) and award emergency 

5 education freedom grants to States with approved 

6 applications, in order to enable the States to award 

7 subgrants to eligible scholarship-granting organiza8 tions under subsection (d). 

9 (2) TIMING.—The Secretary shall make the al10 lotments required under this subsection by not later 

11 than 30 days after the date of enactment of this 

12 Act. 

13 (c) RESERVATION AND ALLOTMENTS.— 

14 (1) IN GENERAL.—From the amounts made 

15 available under subsection (b)(1), the Secretary 

16 shall— 

17 (A) reserve— 

18 (i) one-half of 1 percent for allotments 

19 for the United States Virgin Islands, 

20 Guam, American Samoa, and the Com21 monwealth of the Northern Mariana Is22 lands, to be distributed among those out23 lying areas on the basis of their relative 

24 need, as determined by the Secretary, in 


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1 accordance with the purpose of this sec2 tion; and 

3 (ii) one-half of 1 percent of such 

4 amounts for the Secretary of the Interior, 

5 acting through the Bureau of Indian Edu6 cation, to be used to provide subgrants de7 scribed in subsection (d) to eligible scholar8 ship-granting organizations that serve stu9 dents attending elementary schools or sec10 ondary schools operated or funded by the 

11 Bureau of Indian Education; and 

12 (B) subject to paragraph (2), allot each 

13 State that submits an approved application 

14 under this section the sum of— 

15 (i) the amount that bears the same 

16 relation to 20 percent of the emergency 

17 education freedom grant funds as the num18 ber of individuals aged 5 through 17 in the 

19 State, as determined by the Secretary on 

20 the basis of the most recent satisfactory 

21 data, bears to the number of those individ22 uals, as so determined, in all such States 

23 that submitted approved applications; and 

24 (ii) an amount that bears the same re25 lationship to 80 percent of the emergency 


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1 education freedom grant funds as the num2 ber of individuals aged 5 through 17 from 

3 families with incomes below the poverty 

4 line in the State, as determined by the Sec5 retary on the basis of the most recent sat6 isfactory data, bears to the number of 

7 those individuals, as so determined, in all 

8 such States that submitted approved appli9 cations. 

10 (2) MINIMUM ALLOTMENT.—No State shall re11 ceive an allotment under this subsection for a fiscal 

12 year that is less than one-half of 1 percent of the 

13 amount of emergency education freedom grant funds 

14 available for such fiscal year. 

15 (d) SUBGRANTS TO ELIGIBLE SCHOLARSHIP-GRANT16 ING ORGANIZATIONS.— 

17 (1) IN GENERAL.—A State that receives an al18 lotment under this section shall use the allotment to 

19 award subgrants, on a basis determined appropriate 

20 by the State, to eligible scholarship-granting organi21 zations in the State. 

22 (2) INITIAL TIMING.— 

23 (A) STATES WITH EXISTING TAX CREDIT

24 SCHOLARSHIP PROGRAM.—By not later than 30 

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1 section (c)(1)(B), a State with an existing, as 

2 of the date of application for an allotment 

3 under this section, tax credit scholarship pro4 gram shall use not less than 50 percent of the 

5 allotment to award subgrants to eligible schol6 arship-granting organizations under subsection 

7 (a)(1)(B) in the State in proportion to the con8 tributions received in calendar year 2019 that 

9 were eligible for a State tax credit if such con10 tributions are used by the organization to pro11 vide scholarships to individual elementary and 

12 secondary students, including scholarships for 

13 attending private schools. 

14 (B) STATES WITHOUT TAX CREDIT SCHOL15 ARSHIP PROGRAMS.—By not later than 60 days 

16 after receiving an allotment under subsection 

17 (c)(1)(B), a State without a tax credit scholar18 ship program shall use not less than 50 percent 

19 of the allotment to award subgrants to eligible 

20 scholarship-granting organizations in the State. 

21 (3) USES OF FUNDS.— An eligible scholarship22 granting organization that receives a subgrant under 

23 this subsection— 

24 (A) may reserve not more than 5 percent 

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1 dent and family support activities, and adminis2 trative expenses related to the subgrant; and 

3 (B) shall use not less than 95 percent of 

4 the subgrant funds to provide qualifying schol5 arships for qualified expenses only to individual 

6 elementary school and secondary school stu7 dents who reside in the State in which the eligi8 ble scholarship-granting organization is recog9 nized. 

10 (e) REALLOCATION.—A State shall return to the Sec11 retary any amounts of the allotment received under this 

12 section that the State does not award as subgrants under 

13 subsection (d) by March 30, 2021, and the Secretary shall 

14 reallocate such funds to the remaining eligible States in 

15 accordance with subsection (c)(1)(B). 

16 (f) RULES OF CONSTRUCTION.— 

17 (1) IN GENERAL.—A qualifying scholarship 

18 awarded to a student from funds provided under this 

19 section shall not be considered assistance to the 

20 school or other educational provider that enrolls, or 

21 provides educational services to, the student or the 

22 student’s parents. 

23 (2) EXCLUSION FROM INCOME.— 

24 (A) INCOME TAXES.—For purposes of the 

25 Internal Revenue Code of 1986, gross income 


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1 shall not include any amount received by an in2 dividual as a qualifying scholarship. 

3 (B) FEDERALLY FUNDED PROGRAMS.— 

4 Any amount received by an individual as a 

5 qualifying scholarship shall not be taken into 

6 account as income or resources for purposes of 

7 determining the eligibility of such individual or 

8 any other individual for benefits or assistance, 

9 or the amount or extent of such benefits or as10 sistance, under any Federal program or under 

11 any State or local program financed in whole or 

12 in part with Federal funds. 

13 (3) PROHIBITION OF CONTROL OVER NON14 PUBLIC EDUCATION PROVIDERS.— 

15 (A)(i) Nothing in this section shall be con16 strued to permit, allow, encourage, or authorize 

17 any Federal control over any aspect of any pri18 vate, religious, or home education provider, 

19 whether or not a home education provider is 

20 treated as a private school or home school 

21 under State law. 

22 (ii) This section shall not be construed to 

23 exclude private, religious, or home education 

24 providers from participation in programs or 

25 services under this section. 


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1 (B) Nothing in this section shall be con2 strued to permit, allow, encourage, or authorize 

3 a State to mandate, direct, or control any as4 pect of a private or home education provider, 

5 regardless of whether or not a home education 

6 provider is treated as a private school under 

7 State law. 

8 (C) No participating State shall exclude, 

9 discriminate against, or otherwise disadvantage 

10 any education provider with respect to pro11 grams or services under this section based in 

12 whole or in part on the provider’s religious 

13 character or affiliation, including religiously 

14 based or mission-based policies or practices. 

15 (4) PARENTAL RIGHTS TO USE SCHOLAR16 SHIPS.—No participating State shall disfavor or dis17 courage the use of qualifying scholarships for the 

18 purchase of elementary and secondary education 

19 services, including those services provided by private 

20 or nonprofit entities, such as faith-based providers. 

21 (5) STATE AND LOCAL AUTHORITY.—Nothing 

22 in this section shall be construed to modify a State 

23 or local government’s authority and responsibility to 

24 fund education. 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary. 

4 SEC. 203. BACK TO WORK CHILD CARE GRANTS. 

5 (a) PURPOSE.—The purpose of this section is to sup6 port the recovery of the United States economy by pro7 viding assistance to aid in reopening child care programs, 

8 and maintaining the availability of child care in the United 

9 States, so that parents can access safe care and return 

10 to work. 

11 (b) DEFINITIONS.—In this section: 

12 (1) COVID–19 PUBLIC HEALTH EMERGENCY.— 

13 The term ‘‘COVID–19 public health emergency’’ 

14 means the public health emergency declared by the 

15 Secretary of Health and Human Services under sec16 tion 319 of the Public Health Service Act (42 

17 U.S.C. 247d) on January 31, 2020, with respect to 

18 COVID–19, including any renewal of such declara19 tion. 

20 (2) ELIGIBLE CHILD CARE PROVIDER.—The 

21 term ‘‘eligible child care provider’’ means— 

22 (A) an eligible child care provider as de23 fined in section 658P(6)(A) of the Child Care 

24 and Development Block Grant Act of 1990 (42 

25 U.S.C. 9858n(6)(A)); and 


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1 (B) a child care provider that— 

2 (i) is license-exempt and operating le3 gally in the State; 

4 (ii) is not providing child care services 

5 to relatives; and 

6 (iii) satisfies State and local require7 ments, including those referenced in sec8 tion 658E(c)(2)(I) of the Child Care and 

9 Development Block Grant Act of 1990 

10 ((42 U.S.C. 9858c)(c)(2)(I)). 

11 (3) INDIAN TRIBE; TRIBAL ORGANIZATION.— 

12 The terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ 

13 have the meanings given the terms in section 658P 

14 of the Child Care and Development Block Grant Act 

15 of 1990 (42 U.S.C. 9858n). 

16 (4) LEAD AGENCY.—The term ‘‘lead agency’’ 

17 has the meaning given the term in section 658P of 

18 the Child Care and Development Block Grant Act of 

19 1990 (42 U.S.C. 9858n). 

20 (5) QUALIFIED CHILD CARE PROVIDER.—The 

21 term ‘‘qualified child care provider’’ means an eligi22 ble child care provider with an application approved 

23 under subsection (g) for the program involved. 

24 (6) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Health and Human Services. 


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1 (7) STATE.—The term ‘‘State’’ has the mean2 ing given the term in section 658P of the Child Care 

3 and Development Block Grant Act of 1990 (42 

4 U.S.C. 9858n). 

5 (c) GRANTS FOR CHILD CARE PROGRAMS.—From 

6 the funds appropriated to carry out this section, the Sec7 retary shall make Back to Work Child Care grants to 

8 States, Indian tribes, and tribal organizations, that submit 

9 notices of intent to provide assurances under subsection 

10 (d)(2). The grants shall provide for subgrants to qualified 

11 child care providers, for a transition period of not more 

12 than 9 months to assist in paying for fixed costs and in13 creased operating expenses due to COVID–19, and to re14 enroll children in an environment that supports the health 

15 and safety of children and staff. 

16 (d) PROCESS FOR ALLOCATION OF FUNDS.— 

17 (1) ALLOCATION.—Any funds that are appro18 priated to carry out this section shall be distributed 

19 by the Secretary to the Administration for Children 

20 and Families for distribution under the Child Care 

21 and Development Block Grant Act of 1990 (42 

22 U.S.C. 9857 et seq.) in accordance with subsection 

23 (e)(2) of this section. 

24 (2) NOTICE.—Not later than 7 days after funds 

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1 retary shall provide to States, Indian tribes, and 

2 tribal organizations a notice of funding availability, 

3 for Back to Work Child Care grants under sub4 section (c) from allotments and payments under sub5 section (e)(2). The Secretary shall issue a notice of 

6 the funding allocations for each State, Indian tribe, 

7 and tribal organization not later than 14 days after 

8 funds are appropriated to carry out this section. 

9 (3) NOTICE OF INTENT.—Not later than 14 

10 days after issuance of a notice of funding allocations 

11 under paragraph (1), a State, Indian tribe, or tribal 

12 organization that seeks such a grant shall submit to 

13 the Secretary a notice of intent to provide assur14 ances for such grant. The notice of intent shall in15 clude a certification that the State, Indian tribe, or 

16 tribal organization will repay the grant funds if such 

17 State, Indian tribe, or tribal organization fails to 

18 provide assurances that meet the requirements of 

19 subsection (f) or to comply with such an assurance. 

20 (4) GRANTS TO LEAD AGENCIES.—The Sec21 retary may make grants under subsection (c) to the 

22 lead agency of each State, Indian tribe, or tribal or23 ganization, upon receipt of the notice of intent to 

24 provide assurances for such grant. 


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1 (5) PROVISION OF ASSURANCES.—Not later 

2 than 15 days after receiving the grant, the State, In3 dian tribe, or tribal organization shall provide assur4 ances that meet the requirements of subsection (f). 

5 (e) FEDERAL RESERVATION; ALLOTMENTS AND PAY6 MENTS.— 

7 (1) RESERVATION.—The Secretary shall reserve 

8 not more than 1 percent of the amount appropriated 

9 to carry out this section to pay for the costs of the 

10 Federal administration of this section. The amount 

11 appropriated to carry out this section and reserved 

12 under this paragraph shall remain available through 

13 fiscal year 2021. 

14 (2) ALLOTMENTS AND PAYMENTS.—The Sec15 retary shall use the remaining portion of such 

16 amount to make allotments and payments, to States, 

17 Indian tribes, and tribal organizations that submit 

18 such a notice of intent to provide assurances, in ac19 cordance with paragraphs (1) and (2) of subsection 

20 (a), and subsection (b), of section 658O of the Child 

21 Care and Development Block Grant Act of 1990 (42 

22 U.S.C. 9858m), for the grants described in sub23 section (c). 

24 (f) ASSURANCES.—A State, Indian tribe, or tribal or25 ganization that receives a grant under subsection (c) shall 


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1 provide to the Secretary assurances that the lead agency 

2 will— 

3 (1) require as a condition of subgrant funding 

4 under subsection (g) that each eligible child care 

5 provider applying for a subgrant from the lead agen6 cy— 

7 (A) has been an eligible child care provider 

8 in continuous operation and serving children 

9 through a child care program immediately prior 

10 to March 1, 2020; 

11 (B) agree to follow all applicable State, 

12 local, and tribal health and safety requirements 

13 and, if applicable, enhanced protocols for child 

14 care services and related to COVID–19 or an15 other health or safety condition; 

16 (C) agree to comply with the documenta17 tion and reporting requirements under sub18 section (h); and 

19 (D) certify in good faith that the child care 

20 program of the provider will remain open for 

21 not less than 1 year after receiving such a 

22 subgrant, unless such program is closed due to 

23 extraordinary circumstances, including a state 

24 of emergency declared by the Governor or a 

25 major disaster or emergency declared by the 


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1 President under section 401 or 501, respec2 tively, of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 

4 5170, 5191); 

5 (2) ensure eligible child care providers in urban, 

6 suburban, and rural areas can readily apply for and 

7 access funding under this section, which shall in8 clude the provision of technical assistance either di9 rectly or through resource and referral agencies or 

10 staffed family child care provider networks; 

11 (3) ensure that subgrant funds are made avail12 able to eligible child care providers regardless of 

13 whether the eligible child care provider is providing 

14 services for which assistance is made available under 

15 the Child Care and Development Block Grant Act of 

16 1990 (42 U.S.C. 9857 et seq.) at the time of appli17 cation for a subgrant; 

18 (4) through at least December 31, 2020, con19 tinue to expend funds provided under the Child Care 

20 and Development Block Grant Act of 1990 (42 

21 U.S.C. 9857 et seq.) for the purpose of continuing 

22 payments and assistance to qualified child care pro23 viders on the basis of applicable reimbursements 

24 prior to March 2020; 


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1 (5) undertake a review of burdensome State, 

2 local, and tribal regulations and requirements that 

3 hinder the opening of new licensed child care pro4 grams to meet the needs of the working families in 

5 the State or tribal community, as applicable; 

6 (6) make available to the public, which shall in7 clude, at a minimum, posting to an internet website 

8 of the lead agency— 

9 (A) notice of funding availability through 

10 subgrants for qualified child care providers 

11 under this section; and 

12 (B) the criteria for awarding subgrants for 

13 qualified child care providers, including the 

14 methodology the lead agency used to determine 

15 and disburse funds in accordance with subpara16 graphs (D) and (E) of subsection (g)(4); and 

17 (7) ensure the maintenance of a delivery system 

18 of child care services throughout the State that pro19 vides for child care in a variety of settings, including 

20 the settings of family child care providers. 

21 (g) LEAD AGENCY USE OF FUNDS.— 

22 (1) IN GENERAL.—A lead agency that receives 

23 a Back to Work Child Care grant under this sec24 tion— 


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1 (A) shall use a portion that is not less 

2 than 94 percent of the grant funds to award 

3 subgrants to qualified child care providers as 

4 described in the lead agency’s assurances pur5 suant to subsection (f); 

6 (B) shall reserve not more than 6 percent 

7 of the funds to— 

8 (i) use not less than 1 percent of the 

9 funds to provide technical assistance and 

10 support in applying for and accessing 

11 funding through such subgrants to eligible 

12 child care providers, including to rural pro13 viders, family child care providers, and 

14 providers with limited administrative ca15 pacity; and 

16 (ii) use the remainder of the reserved 

17 funds to— 

18 (I) administer subgrants to quali19 fied child care providers under para20 graph (4), which shall include moni21 toring the compliance of qualified 

22 child care providers with applicable 

23 State, local, and tribal health and 

24 safety requirements; and 


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1 (II) comply with the reporting 

2 and documentation requirements de3 scribed in subsection (h); and 

4 (C)(i) shall not make more than 1 

5 subgrant under paragraph (4) to a child care 

6 provider, except as described in clause (ii); and 

7 (ii) may make multiple subgrants to a 

8 qualified child care provider, if the lead agency 

9 makes each subgrant individually for 1 child 

10 care program operated by the provider and the 

11 funds from the multiple subgrants are not 

12 pooled for use for more than 1 of the programs. 

13 (2) ROLE OF THIRD PARTY.—The lead agency 

14 may designate a third party, such as a child care re15 source and referral agency, to carry out the respon16 sibilities of the lead agency, and oversee the activi17 ties conducted by qualified child care providers 

18 under this subsection. 

19 (3) OBLIGATION AND RETURN OF FUNDS.— 

20 (A) OBLIGATION.— 

21 (i) IN GENERAL.—The lead agency 

22 shall obligate at least 50 percent of the 

23 grant funds in the portion described in 

24 paragraph (1)(A) for subgrants to quali25 fied child care providers by the day that is 


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1 6 months after the date of enactment of 

2 this Act. 

3 (ii) WAIVERS.—At the request of a 

4 State, Indian tribe, or tribal organization, 

5 and for good cause shown, the Secretary 

6 may waive the requirement under clause (i) 

7 for the State, Indian tribe, or tribal orga8 nization. 

9 (B) RETURN OF FUNDS.—Not later than 

10 the date that is 12 months after a grant is 

11 awarded to a lead agency in accordance with 

12 this section, the lead agency shall return to the 

13 Secretary any of the grant funds that are not 

14 obligated by the lead agency by such date. The 

15 Secretary shall return any funds received under 

16 this subparagraph to the Treasury of the 

17 United States. 

18 (4) SUBGRANTS.— 

19 (A) IN GENERAL.—A lead agency that re20 ceives a grant under subsection (c) shall make 

21 subgrants to qualified child care providers to 

22 assist in paying for fixed costs and increased 

23 operating expenses, for a transition period of 

24 not more than 9 months, so that parents have 


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1 a safe place for their children to receive child 

2 care as the parents return to the workplace. 

3 (B) USE OF FUNDS.—A qualified child 

4 care provider may use subgrant funds for— 

5 (i) sanitation and other costs associ6 ated with cleaning the facility, including 

7 deep cleaning in the case of an outbreak of 

8 COVID–19, of a child care program used 

9 to provide child care services; 

10 (ii) recruiting, retaining, and compen11 sating child care staff, including providing 

12 professional development to the staff re13 lated to child care services and applicable 

14 State, local, and tribal health and safety 

15 requirements and, if applicable, enhanced 

16 protocols for child care services and related 

17 to COVID–19 or another health or safety 

18 condition; 

19 (iii) paying for fixed operating costs 

20 associated with providing child care serv21 ices, including the costs of payroll, the con22 tinuation of existing (as of March 1, 2020) 

23 employee benefits, mortgage or rent, utili24 ties, and insurance; 


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1 (iv) acquiring equipment and supplies 

2 (including personal protective equipment) 

3 necessary to provide child care services in 

4 a manner that is safe for children and 

5 staff in accordance with applicable State, 

6 local, and tribal health and safety require7 ments; 

8 (v) replacing materials that are no 

9 longer safe to use as a result of the 

10 COVID–19 public health emergency; 

11 (vi) making facility changes and re12 pairs to address enhanced protocols for 

13 child care services related to COVID–19 or 

14 another health or safety condition, to en15 sure children can safely occupy a child care 

16 facility; 

17 (vii) purchasing or updating equip18 ment and supplies to serve children during 

19 nontraditional hours; 

20 (viii) adapting the child care program 

21 or curricula to accommodate children who 

22 have not had recent access to a child care 

23 setting; 


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1 (ix) carrying out any other activity re2 lated to the child care program of a quali3 fied child care provider; and 

4 (x) reimbursement of expenses in5 curred before the provider received a 

6 subgrant under this paragraph, if the use 

7 for which the expenses are incurred is de8 scribed in any of clauses (i) though (ix) 

9 and is disclosed in the subgrant application 

10 for such subgrant. 

11 (C) SUBGRANT APPLICATION.—To be 

12 qualified to receive a subgrant under this para13 graph, an eligible child care provider shall sub14 mit an application to the lead agency in such 

15 form and containing such information as the 

16 lead agency may reasonably require, includ17 ing— 

18 (i) a budget plan that includes— 

19 (I) information describing how 

20 the eligible child care provider will use 

21 the subgrant funds to pay for fixed 

22 costs and increased operating ex23 penses, including, as applicable, pay24 roll, employee benefits, mortgage or 


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1 rent, utilities, and insurance, de2 scribed in subparagraph (B)(iii); 

3 (II) data on current operating 

4 capacity, taking into account previous 

5 operating capacity for a period of time 

6 prior to the COVID–19 public health 

7 emergency, and updated group size 

8 limits and staff-to-child ratios; 

9 (III) child care enrollment, at10 tendance, and revenue projections 

11 based on current operating capacity 

12 and previous enrollment and revenue 

13 for the period described in subclause 

14 (II); and 

15 (IV) a demonstration of how the 

16 subgrant funds will assist in pro17 moting the long-term viability of the 

18 eligible child care provider and how 

19 the eligible child care provider will 

20 sustain its operations after the ces21 sation of funding under this section; 

22 (ii) assurances that the eligible child 

23 care provider will— 

24 (I) report to the lead agency, be25 fore every month for which the 


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1 subgrant funds are to be received, 

2 data on current financial characteris3 tics, including revenue, and data on 

4 current average enrollment and at5 tendance; 

6 (II) not artificially suppress rev7 enue, enrollment, or attendance for 

8 the purposes of receiving subgrant 

9 funding; 

10 (III) provide the necessary docu11 mentation under subsection (h) to the 

12 lead agency, including providing docu13 mentation of expenditures of subgrant 

14 funds; and 

15 (IV) implement all applicable 

16 State, local, and tribal health and 

17 safety requirements and, if applicable, 

18 enhanced protocols for child care serv19 ices and related to COVID–19 or an20 other health or safety condition; and 

21 (iii) a certification in good faith that 

22 the child care program will remain open 

23 for not less than 1 year after receiving a 

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1 dinary circumstances described in sub2 section (f)(1)(D). 

3 (D) SUBGRANT DISBURSEMENT.—In pro4 viding funds through a subgrant under this 

5 paragraph— 

6 (i) the lead agency shall— 

7 (I) disburse such subgrant funds 

8 to a qualified child care provider in 

9 installments made not less than once 

10 monthly; 

11 (II) disburse a subgrant install12 ment for a month after the qualified 

13 child care provider has provided, be14 fore that month, the enrollment, at15 tendance, and revenue data required 

16 under subparagraph (C)(ii)(I) and, if 

17 applicable, current operating capacity 

18 data required under subparagraph 

19 (C)(i)(II); and 

20 (III) make subgrant installments 

21 to any qualified child care provider for 

22 a period of not more than 9 months; 

23 and 

24 (ii) the lead agency may, notwith25 standing subparagraph (E)(i), disburse an 


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1 initial subgrant installment to a provider 

2 in a greater amount than that subpara3 graph provides for, and adjust the suc4 ceeding installments, as applicable. 

5 (E) SUBGRANT INSTALLMENT AMOUNT.— 

6 The lead agency— 

7 (i) shall determine the amount of a 

8 subgrant installment under this paragraph 

9 by basing the amount on— 

10 (I)(aa) at a minimum, the fixed 

11 costs associated with the provision of 

12 child care services by a qualified child 

13 care provider; and 

14 (bb) at the election of the lead 

15 agency, an additional amount deter16 mined by the State, for the purposes 

17 of assisting qualified child care pro18 viders with, as applicable, increased 

19 operating costs and lost revenue, asso20 ciated with the COVID–19 public 

21 health emergency; and 

22 (II) any other methodology that 

23 the lead agency determines to be ap24 propriate, and which is disclosed in 


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1 reporting submitted by the lead agen2 cy under subsection (f)(6)(B); 

3 (ii) shall ensure that, for any period 

4 for which subgrant funds are disbursed 

5 under this paragraph, no qualified child 

6 care provider receives a subgrant install7 ment that when added to current revenue 

8 for that period exceeds the revenue for the 

9 corresponding period 1 year prior; and 

10 (iii) may factor in decreased operating 

11 capacity due to updated group size limits 

12 and staff-to-child ratios, in determining 

13 subgrant installment amounts. 

14 (F) REPAYMENT OF SUBGRANT FUNDS.— 

15 A qualified child care provider that receives a 

16 subgrant under this paragraph shall be required 

17 to repay the subgrant funds if the lead agency 

18 determines that the provider fails to provide the 

19 assurances described in subparagraph 

20 (C)(ii)(II), or to comply with such an assur21 ance. 

22 (5) SUPPLEMENT NOT SUPPLANT.—Amounts 

23 made available to carry out this section shall be used 

24 to supplement and not supplant other Federal, 

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1 vide child care services, including funds provided 

2 under the Child Care and Development Block Grant 

3 Act of 1990 (42 U.S.C. 9857 et seq.) and State and 

4 tribal child care programs. 

5 (h) DOCUMENTATION AND REPORTING REQUIRE6 MENTS.— 

7 (1) DOCUMENTATION.—A State, Indian tribe, 

8 or tribal organization receiving a grant under sub9 section (c) shall provide documentation of any State 

10 or tribal expenditures from grant funds received 

11 under subsection (c) in accordance with section 

12 658K(b) of the Child Care Development Block 

13 Grant Act of 1990 (42 U.S.C. 9858i(b)), and to the 

14 independent entity described in that section. 

15 (2) REPORTS.— 

16 (A) LEAD AGENCY REPORT.—A lead agen17 cy receiving a grant under subsection (c) shall, 

18 not later than 12 months after receiving such 

19 grant, submit a report to the Secretary that in20 cludes for the State or tribal community in21 volved a description of the program of sub22 grants carried out to meet the objectives of this 

23 section, including— 

24 (i) a description of how the lead agen25 cy determined— 


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1 (I) the criteria for awarding sub2 grants for qualified child care pro3 viders, including the methodology the 

4 lead agency used to determine and 

5 disburse funds in accordance with 

6 subparagraphs (D) and (E) of sub7 section (g)(4); and 

8 (II) the types of providers that 

9 received priority for the subgrants, in10 cluding considerations related to— 

11 (aa) setting; 

12 (bb) average monthly reve13 nues, enrollment, and attendance, 

14 before and during the COVID–19 

15 public health emergency and 

16 after the expiration of State, 

17 local, and tribal stay-at-home or18 ders; and 

19 (cc) geographically based 

20 child care service needs across 

21 the State or tribal community; 

22 and 

23 (ii) the number of eligible child care 

24 providers in operation and serving children 

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1 ber of such providers for March 2020 and 

2 each of the 11 months following, 

3 disaggregated by age of children served, 

4 geography, region, center-based child care 

5 setting, and family child care setting; 

6 (iii) the number of child care slots, in 

7 the capacity of a qualified child care pro8 vider given applicable group size limits and 

9 staff-to-child ratios, that were open for at10 tendance of children on March 1, 2020, 

11 the average number of such slots for 

12 March 2020 and each of 11 months fol13 lowing, disaggregated by age of children 

14 served, geography, region, center-based 

15 child care setting, and family child care 

16 setting; 

17 (iv)(I) the number of qualified child 

18 care providers that received a subgrant 

19 under subsection (g)(4), disaggregated by 

20 age of children served, geography, region, 

21 center-based child care setting, and family 

22 child care setting, and the average and 

23 range of the amounts of the subgrants 

24 awarded; and 


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1 (II) the percentage of all eligible child 

2 care providers that are qualified child care 

3 providers that received such a subgrant, 

4 disaggregated as described in subclause 

5 (I); and 

6 (v) information concerning how quali7 fied child care providers receiving sub8 grants under subsection (g)(4) used the 

9 subgrant funding received, disaggregated 

10 by the allowable uses of funds described in 

11 subsection (g)(4)(B). 

12 (B) REPORT TO CONGRESS.—Not later 

13 than 90 days after receiving the lead agency re14 ports required under subparagraph (A), the 

15 Secretary shall make publicly available and pro16 vide to the Committee on Health, Education, 

17 Labor, and Pensions of the Senate and the 

18 Committee on Education and Labor of the 

19 House of Representatives a report summarizing 

20 the findings of the lead agency reports. 

21 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as may be 

23 necessary to carry out the activities under this section. 

24 (j) EXCLUSION FROM INCOME.—For purposes of the 

25 Internal Revenue Code of 1986, gross income shall not 


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1 include any amount received by a qualified child care pro2 vider under this section. 

3 SEC. 204. NATIONAL EMERGENCY EDUCATIONAL WAIVERS. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the Secretary of Education (referred to in this 

6 section as the ‘‘Secretary’’) may waive any statutory or 

7 regulatory provision described under subsection (b)(1)(A) 

8 if the Secretary determines that such a waiver is necessary 

9 and appropriate due to the qualifying emergency. 

10 (b) APPLICABLE PROVISIONS OF LAW.— 

11 (1) WAIVERS.— 

12 (A) IN GENERAL.—The Secretary shall 

13 waive any of the following statutory or regu14 latory requirements for a State educational 

15 agency, local educational agency, Indian tribe, 

16 or school, if the Secretary determines that such 

17 a waiver is necessary and appropriate as de18 scribed in subsection (a), under the following 

19 provisions of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 6301 et 

21 seq.): 

22 (i) Section 1118(a) and section 8521. 

23 (ii) Section 1127. 

24 (iii) Section 4106(d). 


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1 (iv) Subparagraphs (C), (D), and (E) 

2 of section 4106(e)(2). 

3 (v) Section 4109(b). 

4 (vi) The definition under section 

5 8101(42) for purposes of the Elementary 

6 and Secondary Education Act of 1965 (20 

7 U.S.C. 6301 et seq.). 

8 (B) APPLICABILITY TO CHARTER

9 SCHOOLS.—Any waivers issued by the Secretary 

10 under this section shall be implemented— 

11 (i) for all public schools, including 

12 public charter schools, within the bound13 aries of the recipient of the waiver; 

14 (ii) in accordance with State charter 

15 school law; and 

16 (iii) pursuant to section 1111(c)(5) of 

17 the Elementary and Secondary Education 

18 Act of 1965 (20 U.S.C. 6311(c)(5)). 

19 (C) REHABILITATION ACT.—The Secretary 

20 shall comply as follows if the Secretary deter21 mines such action necessary and appropriate: 

22 (i) WAIVER OF THE PRE-ETS 15 PER23 CENT RESERVATION OF FUNDS.—The Sec24 retary shall allow the required 15 percent 

25 set-aside for pre-employment transition 


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1 services (PreETS) provided under section 

2 110(d) of the Rehabilitation Act of 1973 

3 (29 U.S.C. 730(d)) to be available for ex4 penditure for other vocational rehabilita5 tion services. 

6 (ii) MAINTENANCE OF EFFORT.—Dur7 ing the course of the qualifying emergency, 

8 the Secretary shall waive the maintenance 

9 of effort requirement described in section 

10 111(a)(2)(B) of the Rehabilitation Act of 

11 1973 (29 U.S.C. 731(a)(2)(B)). 

12 (2) LIMITATION.—The Secretary shall not 

13 waive under this section any statutory or regulatory 

14 requirements relating to applicable civil rights laws. 

15 (c) STATE AND LOCAL REQUESTS FOR WAIVERS.— 

16 (1) IN GENERAL.—A State educational agency, 

17 local educational agency, Indian tribe, or school that 

18 desires a waiver from any statutory or regulatory 

19 provision described under subsection (b)(1), may 

20 submit a waiver request to the Secretary in accord21 ance with this subsection. 

22 (2) REQUESTS SUBMITTED.—A request for a 

23 waiver under this subsection shall— 

24 (A) identify the Federal programs affected 

25 by the requested waiver; 


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1 (B) describe which Federal statutory or 

2 regulatory requirements are to be waived; and 

3 (C) describe how the emergency involving 

4 Federal primary responsibility determined to 

5 exist by the President under the section 501(b) 

6 of the Robert T. Stafford Disaster Relief and 

7 Emergency Assistance Act (42 U.S.C. 5191(b)) 

8 with respect to the Coronavirus Disease 2019 

9 (COVID–19) prevents or otherwise restricts the 

10 ability of the State educational agency, local 

11 educational agency, Indian tribe, or school to 

12 comply with such statutory or regulatory re13 quirements. 

14 (3) SECRETARY APPROVAL.— 

15 (A) IN GENERAL.—Except as provided 

16 under subparagraph (B), the Secretary shall 

17 approve or disapprove a waiver request sub18 mitted under paragraph (1) not more than 30 

19 days after the date on which such request is 

20 submitted. 

21 (B) EXCEPTIONS.—The Secretary may dis22 approve a waiver request submitted under para23 graph (1), only if the Secretary determines 

24 that— 


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1 (i) the waiver request does not meet 

2 the requirements of this section; 

3 (ii) the waiver is not permitted pursu4 ant to subsection (b)(1); or 

5 (iii) the description required under 

6 paragraph (2)(C) provides insufficient in7 formation to demonstrate that the waiving 

8 of such requirements is necessary or ap9 propriate consistent with subsection (a). 

10 (4) DURATION.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraph (B), a waiver approved by the 

13 Secretary under this subsection may be for a 

14 period not to exceed 1 academic year. 

15 (B) EXTENSION.—The Secretary may ex16 tend the period described under subparagraph 

17 (A) if the State educational agency, local edu18 cational agency, Indian tribe, or school dem19 onstrates to the Secretary that extending the 

20 waiving of such requirements is necessary and 

21 appropriate consistent with subsection (a). 

22 (d) REPORTING AND PUBLICATION.— 

23 (1) NOTIFYING CONGRESS.—Not later than 7 

24 days after granting a waiver under this section, the 

25 Secretary shall notify the Committee on Health, 


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1 Education, Labor, and Pensions of the Senate, the 

2 Committee on Appropriations of the Senate, the 

3 Committee on Education and Labor of the House of 

4 Representatives, and the Committee on Appropria5 tions of the House of Representatives of such waiv6 er. 

7 (2) PUBLICATION.—Not later than 30 days 

8 after granting a waiver under this section, the Sec9 retary shall publish a notice of the Secretary’s deci10 sion in the Federal Register and on the website of 

11 the Department of Education. 

12 (e) TRANSITION FROM PART C TO PART B.—Not13 withstanding any other provision of law, the Secretary 

14 may authorize services provided under part C of the Indi15 viduals with Disabilities Education Act (20 U.S.C. 1431 

16 et seq.) to continue for an individual during the delayed 

17 transition to services under part B of the Individuals with 

18 Disabilities Education Act (20 U.S.C. 1411 et seq.) eval19 uation timeline so that such individual may continue to 

20 receive services after the individual’s third birthday under 

21 such part C and until a part B of such Act evaluation 

22 is completed and an eligibility determination made. 

23 (f) PERSONNEL DEVELOPMENT SCHOLARSHIPS.— 

24 Notwithstanding any other provision of law, the Secretary 

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1 ments or allow credit to be given for the service obligation 

2 under section 662(h)(1) of the Individuals with Disabil3 ities Education Act (20 U.S.C. 1462(h)(1)), if employ4 ment was interrupted by the COVID–19 national emer5 gency. 

6 (g) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to alter any State educational 

8 agency or local educational agency obligation under the 

9 Individuals with Disabilities Education Act (20 U.S.C. 

10 1400 et seq.) during any period that is not a qualifying 

11 emergency. 

12 (h) QUALIFYING EMERGENCY.—In this section, the 

13 term ‘‘qualifying emergency’’ means, a period during 

14 which— 

15 (1) a public health emergency has been declared 

16 by the Secretary of Health and Human Services 

17 pursuant to section 319 of the Public Health Service 

18 Act (42 U.S.C. 247d); 

19 (2) a Governor of a State or territory has de20 clared a state of emergency; 

21 (3) a Governor of a State or territory, mayor, 

22 or a local health official has determined that in-per23 son meetings, education or and services are not per24 missible or safe due to the risk of disease; or 

25 (4) the President has declared a— 


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1 (A) major disaster or an emergency under 

2 section 401 or 501, respectively, of the Robert 

3 T. Stafford Disaster Relief and Emergency As4 sistance Act (42 U.S.C. 5170 and 5191); or 

5 (B) national emergency under section 201 

6 of the National Emergencies Act (50 U.S.C. 

7 1601 et seq.). 

8 SEC. 205. WAIVERS FOR CAREER, TECHNICAL, AND ADULT 

9 EDUCATION. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ELIGIBLE AGENCY.—The term ‘‘eligible 

12 agency’’ means— 

13 (A) an eligible agency as defined under 

14 section 3 of the Carl D. Perkins Career and 

15 Technical Education Act of 2006 (20 U.S.C. 

16 2302); or 

17 (B) an eligible agency as defined under 

18 section 203 of the Workforce Innovation and 

19 Opportunity Act (29 U.S.C. 3272). 

20 (2) QUALIFYING EMERGENCY .—The term 

21 ‘‘qualifying emergency’’ means— 

22 (A) a public health emergency related to 

23 the coronavirus declared by the Secretary of 

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1 tion 319 of the Public Health Service Act (42 

2 U.S.C. 247d); 

3 (B) an event related to the coronavirus for 

4 which the President declared a major disaster 

5 or an emergency under section 401 or 501, re6 spectively, of the Robert T. Stafford Disaster 

7 Relief and Emergency Assistance Act (42 

8 U.S.C. 5170 and 5191); or 

9 (C) a national emergency related to the 

10 coronavirus declared by the President under 

11 section 201 of the National Emergencies Act 

12 (50 U.S.C. 1601 et seq.). 

13 (3) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Education. 

15 (b) WAIVER.—Notwithstanding any other provision 

16 of law, the Secretary may, upon the request of an eligible 

17 agency, waive any statutory or regulatory provision de18 scribed under paragraph (1) or (2) of subsection (c), if 

19 the Secretary determines that such waiver is necessary 

20 and appropriate due to a qualifying emergency. 

21 (c) APPLICABLE PROVISIONS OF LAW.— 

22 (1) PERIOD OF AVAILABILITY OF FUNDS.— 

23 (A) IN GENERAL.—The Secretary shall 

24 create an expedited application process to re25 quest a waiver and the Secretary may waive 


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1 any statutory or regulatory requirements, ex2 cept as provided under subparagraph (B), for 

3 an eligible agency that govern the period of 

4 time during which the eligible agency may obli5 gate funds, including the requirement under 

6 section 421(b) of the General Education Provi7 sions Act (20 U.S.C. 1225(b)) (commonly know 

8 as the ‘‘Tydings Amendment’’), if the Secretary 

9 determines that such a waiver is necessary and 

10 appropriate as described in subsection (b). 

11 (B) RESTRICTION.—The Secretary may 

12 not, pursuant to the authority under subpara13 graph (A), waive the requirement provided 

14 under section 1552 of title 31, United States 

15 Code. 

16 (2) STATE AND LOCALLY REQUESTED WAIV17 ERS.—For an eligible agency— 

18 (A) that receives funds under a program 

19 authorized under the Workforce Innovation and 

20 Opportunity Act (29 U.S.C. 3101), the Sec21 retary may waive statutory and regulatory re22 quirements— 

23 (i) under section 222(a) of the Work24 force Innovation and Opportunity Act (29 

25 U.S.C. 3302(a)); and 


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1 (ii) related to the requirement that an 

2 application be submitted to the eligible 

3 agency under section 107(d)(11)(B)(i)(I) 

4 of the Workforce Innovation and Oppor5 tunity Act (29 U.S.C. 

6 3122(d)(11)(B)(i)(I)); and 

7 (B) that receives funds under the Carl D. 

8 Perkins Career and Technical Education Act of 

9 2006 (20 U.S.C. 2301 et seq.), the Secretary 

10 may waive statutory and regulatory require11 ments— 

12 (i) related to the pooling of funds 

13 under section 135(c) of the Carl D. Per14 kins Career and Technical Education Act 

15 of 2006 (20 U.S.C. 2355(c)); and 

16 (ii) related to the definition of the 

17 term ‘‘professional development’’ as de18 fined in section 3(40) of the Carl D. Per19 kins Career and Technical Education Act 

20 of 2006 (20 U.S.C. 2302(40)) . 

21 (3) APPLICABILITY TO CHARTER SCHOOLS.— 

22 Any waivers issued by the Secretary under this sec23 tion shall be implemented, as applicable— 


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1 (A) for all public schools, including public 

2 charter schools, within the boundaries of the re3 cipient of the waiver; and 

4 (B) in accordance with State charter 

5 school law. 

6 (4) LIMITATION.—Nothing in this title shall be 

7 construed to allow the Secretary to waive any statu8 tory or regulatory requirements under applicable 

9 civil rights laws. 

10 (d) ADDITIONAL WAIVER.—For any State edu11 cational agency or Indian Tribe that requested a waiver 

12 under section 3511(c) of the CARES Act (Public Law 

13 116–136) prior to the date of enactment of this Act, the 

14 Secretary may waive statutory and regulatory require15 ments under the provisions of law described in subsection 

16 (c)(2) without an additional waiver application. 

17 SEC. 206. ADDITIONAL WORKFORCE ACTIVITIES. 

18 (a) DEFINITIONS.—In this section: 

19 (1) QUALIFYING EMERGENCY.—The term 

20 ‘‘qualifying emergency’’ means— 

21 (A) a public health emergency related to 

22 the coronavirus declared by the Secretary of 

23 Health and Human Services pursuant to sec24 tion 319 of the Public Health Service Act (42 

25 U.S.C. 247d); 


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1 (B) an event related to the coronavirus for 

2 which the President declared a major disaster 

3 or an emergency under section 401 or 501, re4 spectively, of the Robert T. Stafford Disaster 

5 Relief and Emergency Assistance Act (42 

6 U.S.C. 5170, 5191); or 

7 (C) a national emergency related to the 

8 coronavirus declared by the President under the 

9 National Emergencies Act (50 U.S.C. 1601 et 

10 seq.). 

11 (2) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Labor. 

13 (3) WORKFORCE INNOVATION AND OPPOR14 TUNITY ACT TERMS.—Except as otherwise provided 

15 in this section, the terms in this section have the 

16 meanings given to terms in section 3 of the Work17 force Innovation and Opportunity Act (29 U.S.C. 

18 3102). 

19 (b) INCUMBENT WORKER TRAINING.—Notwith20 standing section 134(d)(4)(A)(i) of the Workforce Innova21 tion and Opportunity Act (29 U.S.C. 3174(d)(4)(A)(i)), 

22 during a qualifying emergency, a local board may reserve 

23 and use not more than 40 percent of the funds specified 

24 in that section to pay for the Federal share of the cost 

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1 cumbent workers carried out in accordance with section 

2 134(d)(4) of such Act (29 U.S.C. 3174(d)(4)). 

3 (c) TRANSITIONAL JOBS.—Notwithstanding the per4 centage specified in section 134(d)(5) of the Workforce In5 novation and Opportunity Act (29 U.S.C. 3174(d)(5)), 

6 during a qualifying emergency, a local board may reserve 

7 and use not more than 40 percent of the funds specified 

8 in that section to pay for the Federal share of the cost 

9 of providing transitional jobs described in that section. 

10 (d) JOB CORPS.— 

11 (1) ELIGIBILITY.—In the case of an individual 

12 who is seeking to enroll in the Job Corps and who 

13 will turn 25 during a qualifying emergency, the Sec14 retary shall apply section 144(a)(1)(A) of the Work15 force Innovation and Opportunity Act (29 U.S.C. 

16 3194(a)(1)(A)) by substituting ‘‘may be individuals 

17 who are not less than age 22 and not more than age 

18 24 on the date of enrollment, or who turned 24 dur19 ing a qualifying emergency’’ for ‘‘may be not less 

20 than age 22 and not more than age 24 on the date 

21 of enrollment’’. 

22 (2) ENROLLMENT.—For the purposes of the 

23 Job Corps, in the case of a qualifying emergency, 

24 the Secretary may make an exception, on the basis 

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1 quirements on maximum enrollment length under 

2 sections 146 and 148(c) of the Workforce Innovation 

3 and Opportunity Act (29 U.S.C. 3196, 3198(c)), 

4 and the requirements on the length of provision of 

5 graduate services under section 148(d) of such Act 

6 (29 U.S.C. 3198(d)). 

7 (e) YOUTHBUILD.— 

8 (1) ELIGIBILITY.—Notwithstanding section 

9 171(e)(1)(A)(i) of the Workforce Innovation and Op10 portunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an indi11 vidual seeking to participate in a YouthBuild pro12 gram and who will turn 25 during a qualifying 

13 emergency is eligible to so participate if the indi14 vidual meets the other requirements of section 

15 171(e)(1) of such Act (29 U.S.C. 3226(e)(1)). 

16 (2) PARTICIPATION LIMITATION.—The Sec17 retary may waive the requirements of section 

18 171(e)(2) of the Workforce Innovation and Oppor19 tunity Act (29 U.S.C. 3226(e)(2)) to allow an eligi20 ble individual described in such section to participate 

21 in a YouthBuild program for a period of more than 

22 24 months if such individual’s participation was in23 terrupted or otherwise impacted by a qualifying 

24 emergency. 

25 (f) YOUTH WORKFORCE INVESTMENT ACTIVITIES.— 


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1 (1) ALLOCATION.—From funds appropriated to 

2 carry out this subsection, the Secretary shall make 

3 available such funds to States and other eligible en4 tities for youth workforce investment activities in ac5 cordance with subparagraphs (A), (B), and (C) of 

6 section 127(b)(1) of the Workforce Innovation and 

7 Opportunity Act (29 U.S.C. 3162(b)(1)). Not later 

8 than 30 days after a State receives an allotment 

9 under this subsection, the Governor shall allocate 

10 the funds in accordance with section 128 of such Act 

11 (29 U.S.C. 3163). 

12 (2) USES OF FUNDS.—Funds provided under 

13 this subsection shall be used by a State and local 

14 areas to provide activities services for youth author15 ized under section 129 of the Workforce Innovation 

16 and Opportunity Act (29 U.S.C. 3164). 

17 (3) PRIORITIES.— 

18 (A) IN GENERAL.—Each State and local 

19 area receiving funds under this subsection shall 

20 provide activities described in paragraph (1) 

21 while giving priority for out-of-school youth and 

22 youth (eligible under that section 129) who are 

23 members of more than one population listed in 

24 section 3(24) of the Workforce Innovation and 

25 Opportunity Act (29 U.S.C. 3102(24)). 


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1 (B) OUT-OF-SCHOOL YOUTH.—Notwith2 standing section 129(a)(4)(A) of the Workforce 

3 Innovation and Opportunity Act (29 U.S.C. 

4 3164(a)(4)(A)), for each State and local area 

5 receiving funds provided under this subsection, 

6 not less than 75 percent of funds allotted shall 

7 be used to provide youth workforce investment 

8 activities under this subsection for out-of-school 

9 youth. 

10 (g) REENTRY EMPLOYMENT OPPORTUNITIES.—The 

11 Secretary shall award funds appropriated to carry out this 

12 subsection consistent with the Reentry Employment Op13 portunities program established by the Secretary under 

14 section 169 of the Workforce Innovation and Opportunity 

15 Act (29 U.S.C. 3224). The funds shall be used to support 

16 reentry employment opportunities for youth and young 

17 adults who were or are involved in the criminal justice or 

18 juvenile justice system, formerly incarcerated adults, and 

19 former offenders. 

20 (h) DISLOCATED WORKERS ASSISTANCE NATIONAL

21 RESERVE.—The Secretary shall award funds appropriated 

22 to carry out this subsection consistent with sections 

23 168(b), 169(c) (except for the 10 percent limitation pro24 vided under such section), and 170 of the Workforce Inno25 vation and Opportunity Act (29 U.S.C. 3223(b), 3224(c), 


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1 3225). The recipients shall use the funds to prevent, pre2 pare for, and respond to a qualifying emergency. 

3 (i) APPRENTICESHIP GRANTS.— 

4 (1) USES OF FUNDS.—From funds appro5 priated to carry out this subsection, the Secretary 

6 shall award grants, contracts, or cooperative agree7 ments to eligible entities, as determined by the Sec8 retary, on a competitive basis to establish or expand 

9 apprenticeship programs, including pre-apprentice10 ship programs, youth apprenticeship programs, and 

11 Industry-Recognized Apprenticeship Programs car12 ried out under the Act of August 16, 1937 (com13 monly known as the ‘‘National Apprenticeship Act’’; 

14 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). 

15 (2) APPLICATION.—To be eligible to receive a 

16 grant or enter into a contract or cooperative agree17 ment under this subsection, an entity shall submit 

18 an application at such time, in such manner, and 

19 containing such information as the Secretary shall 

20 determine to be appropriate. 

21 (3) INDUSTRY-RECOGNIZED APPRENTICESHIP

22 PROGRAMS.—Notwithstanding any other provision of 

23 law, the Secretary may use any amount appropriated 

24 to the Secretary under the Coronavirus Prepared25 ness and Response Supplemental Appropriations 


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1 Act, 2020 (Public Law 116–123), the Families First 

2 Coronavirus Response Act (Public Law 116–127), 

3 the CARES Act (Public Law 116–136), the Pay4 check Protection Program and Health Care En5 hancement Act (Public Law 116–139), and this Act 

6 to provide financial assistance for an Industry-Rec7 ognized Apprenticeship Program carried out under 

8 the Act of August 16, 1937 (commonly known as 

9 the ‘‘National Apprenticeship Act’’; 50 Stat. 664, 

10 chapter 663; 29 U.S.C. 50 et seq.). 

11 (j) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) YOUTH WORKFORCE INVESTMENT ACTIVI13 TIES.—There is authorized to be appropriated to 

14 carry out subsection (f) such sums as may be nec15 essary for the period of fiscal years 2020 through 

16 2022. 

17 (2) REENTRY EMPLOYMENT OPPORTUNITIES.— 

18 There is authorized to be appropriated to carry out 

19 subsection (g) such sums as may be necessary for 

20 the period of fiscal years 2020 through 2022. 

21 (3) NATIONAL DISLOCATED WORKER

22 GRANTS.—There is authorized to be appropriated to 

23 carry out subsection (h) such sums as may be nec24 essary for the period of fiscal years 2020 through 

25 2022. 


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1 (4) APPRENTICESHIP GRANTS.—There is au2 thorized to be appropriated to carry out subsection 

3 (i) such sums as may be necessary for the period of 

4 fiscal years 2020 through 2022. 

5 SEC. 207. WORKFORCE RECOVERY AND TRAINING SERV6 ICES. 

7 (a) DEFINITIONS.—In this section: 

8 (1) QUALIFYING EMERGENCY.—The term 

9 ‘‘qualifying emergency’’ means— 

10 (A) a public health emergency related to 

11 the coronavirus declared by the Secretary of 

12 Health and Human Services pursuant to sec13 tion 319 of the Public Health Service Act (42 

14 U.S.C. 247d); 

15 (B) an event related to the coronavirus for 

16 which the President declared a major disaster 

17 or an emergency under section 401 or 501, re18 spectively, of the Robert T. Stafford Disaster 

19 Relief and Emergency Assistance Act (42 

20 U.S.C. 5170, 5191); or 

21 (C) a national emergency related to the 

22 coronavirus declared by the President under the 

23 National Emergencies Act (50 U.S.C. 1601 et 

24 seq.). 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Labor. 

3 (3) WORKFORCE INNOVATION AND OPPOR4 TUNITY ACT TERMS.—Except as otherwise provided 

5 in this section, the terms in this section have the 

6 meanings given the terms in section 3 of the Work7 force Innovation and Opportunity Act (29 U.S.C. 

8 3102). 

9 (b) DISTRIBUTION OF FUNDS.— 

10 (1) ALLOTMENT TO STATES.—From funds ap11 propriated to carry out this section and not reserved 

12 under subsection (e)(4), not later than 45 days after 

13 receiving the appropriated funds, the Secretary shall 

14 make allotments to States in accordance with the 

15 formula described in section 132(b)(2)(B) of the 

16 Workforce Innovation and Opportunity Act (29 

17 U.S.C. 3172(b)(2)(B)) and make the reservation for 

18 and provide assistance to outlying areas in accord19 ance with section 132(b)(2)(A) of such Act (29 

20 U.S.C. 3172(b)(2)(A)). 

21 (2) ALLOCATION TO LOCAL AREAS.—Not later 

22 than 30 days after a State receives an allotment 

23 under paragraph (1), the Governor shall— 


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1 (A) reserve 40 percent of the allotment 

2 funds to carry out activities under subsection 

3 (c)(1); and 

4 (B) allocate the remainder of the funds to 

5 local areas in accordance with section 

6 133(b)(2)(B) of the Workforce Innovation and 

7 Opportunity Act (29 U.S.C. 3173(b)(2)(B)) to 

8 enable the local areas to carry out activities 

9 under subsection (c)(2). 

10 (c) USES OF FUNDS.— 

11 (1) STATE USE OF FUNDS.— 

12 (A) IN GENERAL.—From the funds re13 served under subsection (b)(2)(A), the Gov14 ernor— 

15 (i) shall allocate not less than 50 per16 cent of the funds to the local areas most 

17 significantly impacted by a qualifying 

18 emergency, as determined by the Governor, 

19 to enable the local areas to carry out ac20 tivities under paragraph (2); and 

21 (ii) with the funds that are not allo22 cated under clause (i) or reserved under 

23 subparagraph (B), may— 

24 (I) carry out rapid response ac25 tivities described in section 


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1 134(a)(2)(A) of the Workforce Inno2 vation and Opportunity (29 U.S.C. 

3 3174(a)(2)(A)); 

4 (II) carry out activities to facili5 tate remote access to employment and 

6 training activities, including career 

7 services, through a one-stop center; 

8 (III) in coordination with local 

9 areas, carry out activities necessary to 

10 expand online learning opportunities, 

11 and make available resources to sup12 port or allow for online service deliv13 ery, including online delivery of train14 ing services, by providers identified as 

15 eligible providers of training services 

16 under subsection (d) or (h) of section 

17 122 of the Workforce Innovation and 

18 Opportunity Act (29 U.S.C. 3152); 

19 (IV) assist local boards through 

20 the purchase of technology, supplies, 

21 and online training materials for dis22 tribution or use by local areas; and 

23 (V) expand the list of eligible 

24 providers of training services estab25 lished under section 122(d) of the 


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1 Workforce Innovation and Oppor2 tunity Act (29 U.S.C. 3152(d)), in3 cluding through the addition of online 

4 providers of training services. 

5 (B) LIMITATION.—Not more than 5 per6 cent of the funds reserved under subsection 

7 (b)(2)(A) shall be used by the State for admin8 istrative activities related to carrying out this 

9 section. 

10 (2) LOCAL USES OF FUNDS.—Funds allocated 

11 to a local area under subsection (b)(2)(B) or para12 graph (1)(A)(i)— 

13 (A) shall be used for— 

14 (i) the provision of in-person and vir15 tual training services, aligned with indus16 try needs, that shall include— 

17 (I) on-the-job training, for which 

18 the local board may take into account 

19 the impact of a qualifying emergency 

20 as a factor in determining whether to 

21 increase the amount of a reimburse22 ment to an amount of up to 75 per23 cent of the wage rate of a participant 

24 in accordance with section 

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1 vation and Opportunity Act (29 

2 U.S.C. 3174(c)(3)(H)); 

3 (II) customized training, for 

4 which the local board may take into 

5 account the impact of a qualifying 

6 emergency as a factor in determining 

7 the portion of the cost of training an 

8 employer shall provide; 

9 (III) transitional jobs as de10 scribed in section 134(d)(5) of the 

11 Workforce Innovation and Oppor12 tunity Act (29 U.S.C. 3174(d)(5)) 

13 (but for adults or dislocated workers 

14 determined eligible by a one-stop oper15 ator or one-stop partner), including 

16 positions in contact tracing, public 

17 health, or infrastructure, if provision 

18 of the jobs does not displace any cur19 rently employed employee (as of the 

20 date of the participation in the transi21 tional job); and 

22 (IV) incumbent worker training 

23 described in section 134(d)(4) of the 

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1 tunity Act (29 U.S.C. 3174(d)(4)) to 

2 support worker retention; 

3 (ii) training services provided through 

4 individual training accounts, which, not5 withstanding section 122 of the Workforce 

6 Innovation and Opportunity Act (29 

7 U.S.C. 3152), eligible individuals may ob8 tain from providers identified as eligible 

9 providers of training services under sub10 section (d) or (h) of that section 122 or 

11 from another provider of in-demand skills 

12 that is identified by the State board or 

13 local board involved; 

14 (iii) short-term training— 

15 (I) in which a current employee 

16 (as of the date of the participation), 

17 including an employee participating in 

18 a transitional job described in clause 

19 (i)(III), may participate; 

20 (II) for which the participant 

21 may receive an employer-sponsored in22 dividual training account; 

23 (III) for which the employer 

24 agrees to pay— 


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1 (aa) not less than 10 per2 cent of the costs of such training 

3 in the case of an employer eligi4 ble that is a small business con5 cern, as defined in section 3(a) of 

6 the Small Business Act (15 

7 U.S.C. 632(a)); and 

8 (bb) not less than 20 per9 cent of such costs in the case of 

10 any other employer; and 

11 (IV) for which the participant is 

12 provided the opportunity to choose a 

13 provider from among the providers 

14 identified as eligible providers of 

15 training services under subsection (d) 

16 or (h) of section 122 of the Workforce 

17 Innovation and Opportunity Act or a 

18 provider identified by the employer as 

19 having the ability to provide the skills 

20 necessary for the individual to be 

21 hired permanently or to advance the 

22 individual’s career; and 

23 (iv) short-term training in fields in 

24 which the local area needs workers to meet 

25 the demands for health care, direct care, 


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1 and frontline workers responding to a 

2 qualifying emergency; and 

3 (B) may be used for— 

4 (i) the establishment and expansion of 

5 partnerships with public and private enti6 ties to support online programs of training 

7 services— 

8 (I) which programs are identified 

9 under section 122 of the Workforce 

10 Innovation and Opportunity Act and 

11 lead to an industry-recognized creden12 tial in high-skill, high-wage, or in-de13 mand industry sectors or occupations, 

14 in areas such as technology, health 

15 care, direct care, and manufacturing; 

16 and 

17 (II) through which the partner18 ships may provide for the cost of an 

19 assessment related to obtaining such 

20 credential; 

21 (ii) providing training services that 

22 are aligned with the needs of local industry 

23 and recognized by employers; 

24 (iii) expanding access to individualized 

25 career services, which include— 


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1 (I) in-person and virtual employ2 ment and reemployment services to 

3 help individuals find employment; and 

4 (II) career navigation supports to 

5 enable workers to find new pathways 

6 to high-skill, high-wage, or in-demand 

7 industry sectors and occupations and 

8 the necessary training to support 

9 those pathways; and 

10 (iv) providing access to technology, in11 cluding broadband service and devices to 

12 enable individuals served under this section 

13 to receive online career and training serv14 ices. 

15 (3) MINIMUM AMOUNT FOR TRAINING.—Not 

16 less than 50 percent of the funds made available 

17 under subsection (b)(2)(B) and paragraph (1)(A)(i) 

18 shall be used to provide training services described 

19 in paragraph (2)(A). 

20 (d) REALLOCATION.— 

21 (1) LOCAL FUNDS.—Each local board shall re22 turn to the Governor any funds received under this 

23 section that the local board does not obligate within 

24 1 year after receiving such funds. The Governor 

25 shall reallocate such returned funds, to the local 


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1 areas that are not required to return funds under 

2 this paragraph, in accordance with subsection 

3 (c)(1)(A). 

4 (2) STATE FUNDS.—Each Governor shall re5 turn to the Secretary any funds received under this 

6 section that the Governor does not obligate within 2 

7 years after receiving such funds. The Secretary shall 

8 reallot such returned funds to the States that are 

9 not required to return funds under this paragraph, 

10 in accordance with subsection (b)(1). 

11 (e) GENERAL PROVISIONS.— 

12 (1) ELIGIBLE INDIVIDUALS.— 

13 (A) IN GENERAL.—Except as otherwise 

14 specified in this section, to be eligible to receive 

15 services authorized under this section an indi16 vidual shall be an adult or dislocated worker. 

17 (B) INDIVIDUALS ELIGIBLE TO RECEIVE

18 SERVICES THROUGH INDIVIDUAL TRAINING AC19 COUNTS.—To be eligible to receive training 

20 services through an individual training account 

21 or employer-sponsored individual training ac22 count described in subsection (c)(2)(A)(iii), an 

23 eligible individual shall be an adult, or dis24 located worker— 


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1 (i) who, after an in-person or virtual 

2 interview, evaluation, or assessment, and 

3 career planning, has been determined by a 

4 one-stop operator or one-stop partner, as 

5 appropriate, to— 

6 (I) be unlikely to obtain or retain 

7 employment with wages comparable to 

8 or higher than wages from previous 

9 employment, solely through the career 

10 services available through the one-stop 

11 center; and 

12 (II) have the skills and qualifica13 tions to successfully participate in the 

14 selected program of training services; 

15 and 

16 (ii) who selects a program of training 

17 services that are directly linked to the em18 ployment opportunities in the local area, or 

19 in another area to which the adult or dis20 located worker is willing to commute or re21 locate. 

22 (2) SPECIAL RULES.— 

23 (A) ADMINISTRATION.—Except as other24 wise provided in this section, the provisions of 

25 subtitle E of title I of the Workforce Innovation 


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1 and Opportunity Act (29 U.S.C. 3241 et seq.) 

2 shall apply to funds provided under this section. 

3 (B) SINGLE STATE LOCAL AREA.—In any 

4 case in which a State is designated as a local 

5 area pursuant to section 106(d) of the Work6 force Innovation and Opportunity Act (29 

7 U.S.C. 3121(d)), the State board shall carry 

8 out the functions of a local board as specified 

9 in this section. 

10 (3) PROGRAM OVERSIGHT.—The Governor, in 

11 partnership with local boards and the chief elected 

12 officials for local areas, shall— 

13 (A) conduct oversight for the activities au14 thorized under this section; and 

15 (B) ensure the appropriate use and man16 agement of the funds provided under this sec17 tion. 

18 (4) PROGRAM ADMINISTRATION.—The Sec19 retary shall reserve not more than $15,000,000 of 

20 the funds appropriated to carry out this section, as 

21 necessary, for program administration and manage22 ment through the Department of Labor to support 

23 the administration of funds provided under this sec24 tion and evaluation of activities authorized under 

25 this section. 


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1 (f) REPORTS.— 

2 (1) STATE REPORT.—Each State shall prepare 

3 and submit to the Secretary a report that includes 

4 information specifying— 

5 (A) the number and percentage of partici6 pants in activities under this section who re7 ceived funds for training services; 

8 (B) the types of training programs pro9 vided under this section; and 

10 (C) outcomes for the State for activities 

11 carried out under this section relating to the 

12 primary indicators of performance under sub13 clauses (I), (II), and (III) of section 

14 116(b)(2)(A)(i) of the Workforce Innovation 

15 and Opportunity Act (29 U.S.C. 

16 3141(b)(2)(A)(i)). 

17 (2) SECRETARY’S REPORT.—Upon receipt of a 

18 report under paragraph (1), the Secretary shall 

19 transmit such report to the Committee on Health, 

20 Education, Labor, and Pensions of the Senate and 

21 the Committee on Education and Labor of the 

22 House of Representatives. 

23 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 


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1 such sums as may be necessary for the period of fiscal 

2 years 2020 through 2022. 

3 SEC. 208. IMPACT AID PROVISIONS. 

4 Due to the public health emergency relating to 

5 COVID–19 and notwithstanding sections 7002(j) and 

6 7003(c) of the Elementary and Secondary Education Act 

7 of 1965 (20 U.S.C. 7702(j), 7703(c)), a local educational 

8 agency desiring to receive a payment under section 7002 

9 or 7003 of such Act (20 U.S.C. 7702, 7703) for fiscal 

10 year 2022 that also submitted an application for such pay11 ment for fiscal year 2021 may, in the application sub12 mitted under section 7005 of such Act (20 U.S.C. 7705) 

13 for fiscal year 2022— 

14 (1) with respect to a requested payment under 

15 section 7002 of such Act, use the Federal property 

16 valuation data relating to calculating such payment 

17 that was submitted by the local educational agency 

18 in the application for fiscal year 2021; 

19 (2) with respect to a requested payment under 

20 section 7003 of such Act, use the student count data 

21 relating to calculating such payment that was sub22 mitted by the local educational agency in the appli23 cation for fiscal year 2021, provided that for pur24 poses of the calculation of payments for fiscal year 

25 2022 under section 7003(b)(1) of such Act, such 


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1 payments shall be based on utilizing fiscal year 2020 

2 data (from academic year 2018–2019) to include 

3 total current expenditures, local contribution rates, 

4 and per pupil expenditures; or 

5 (3) with respect to a requested payment under 

6 section 7002 or 7003 of such Act, use the student 

7 count or Federal property valuation data relating to 

8 calculating such payment for the fiscal year required 

9 under section 7002(j) or 7003(c) of such Act, as ap10 plicable. 

11 SEC. 209. AMENDMENTS TO EDUCATION PROVISIONS OF 

12 CARES. 

13 Subtitle B of title III of the Coronavirus Aid, Relief, 

14 and Economic Security Act is amended as follows: 

15 (a) CAMPUS-BASED AID WAIVERS.—Section 3503 is 

16 amended— 

17 (1) in subsection (a), by inserting ‘‘and a non18 profit organization providing employment under sec19 tion 443(b)(5) of such Act’’ after ‘‘waive the require20 ment that a participating institution of higher edu21 cation’’; and 

22 (2) in subsection (b), by inserting ‘‘, or through 

23 the end of the 2020–2021 award year, whichever is 

24 later,’’ after ‘‘during a period of a qualifying emer25 gency’’. 


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1 (b) FEDERAL WORK-STUDY DURING A QUALIFYING

2 EMERGENCY.—Section 3505 is amended— 

3 (1) in subsection (a)— 

4 (A) in the matter preceding paragraph (1), 

5 by inserting ‘‘the equivalent of’’ before ‘‘one 

6 academic year’’; 

7 (B) in paragraph (1), by inserting ‘‘in each 

8 term the student is awarded work-study’’ after 

9 ‘‘as a one time grant’’; and 

10 (C) in paragraph (2), by striking ‘‘or was 

11 not completing the work obligation necessary to 

12 receive work study funds under such part prior 

13 to the occurrence of the qualifying emergency’’; 

14 and 

15 (2) in subsection (b)(2), by inserting ‘‘or was 

16 awarded Federal work-study from such eligible insti17 tution and was unable to begin such work obligation 

18 due to an institution operating solely through dis19 tance education or due to an institution providing 

20 fewer work-study positions because of the qualifying 

21 emergency’’ after ‘‘for such academic year’’. 

22 (c) CONTINUING EDUCATION AT AFFECTED FOR23 EIGN INSTITUTIONS.—Section 3510 is amended— 


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1 (1) in subsection (a), by inserting ‘‘or for the 

2 duration of the qualifying emergency’’ after ‘‘the for3 eign institution is located’’; 

4 (2) in subsection (b), by striking ‘‘for the dura5 tion of the emergency or disaster affecting the insti6 tution as described in subsection (a) or the duration 

7 of the qualifying emergency and the following pay8 ment period’’ and inserting ‘‘for the duration of the 

9 emergency or disaster declared by the applicable 

10 government authorities as described in subsection 

11 (a), the duration of the qualifying emergency and 

12 the following payment period, or the end of the 

13 2020–2021 award year, whichever is later,’’; 

14 (3) in subsection (c), by inserting ‘‘emergency 

15 or disaster declared by the applicable government 

16 authorities as described in subsection (a) or the’’ 

17 after ‘‘thereafter for the duration of the’’; and 

18 (4) in subsection (d)— 

19 (A) in paragraph (1), by striking ‘‘duration 

20 of a qualifying emergency and the following 

21 payment period’’ and inserting ‘‘for the dura22 tion of the emergency or disaster declared by 

23 the applicable government authorities as de24 scribed in subsection (a), the duration of the 

25 qualifying emergency and the following payment 


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1 period, or the end of the 2020–2021 award 

2 year, whichever is later,’’; and 

3 (B) in paragraph (4), by inserting ‘‘emer4 gency or disaster declared by the applicable 

5 government authorities as described in sub6 section (a) or the’’ after ‘‘for the duration of 

7 the’’. 

8 (d) TEMPORARY RELIEF FOR FEDERAL STUDENT

9 LOAN BORROWERS.—Section 3513 is amended— 

10 (1) by redesignating subsections (c) through 

11 (g), as subsections (d) through (h), respectively; and 

12 (2) by inserting after subsection (b) the fol13 lowing: 

14 ‘‘(c) IN-SCHOOL DEFERMENT.—The provisions of 

15 subsections (a) and (b) shall apply to loans for borrowers 

16 who are in a period of in-school deferment described in 

17 section 455(f)(2)(A) of such Act (20 U.S.C. 

18 1087e(f)(2)(A)).’’. 

19 (e) SERVICE OBLIGATIONS FOR TEACHERS AND

20 OTHER PROFESSIONALS.—Section 3519 is amended— 

21 (1) in the section heading by inserting ‘‘AND

22 OTHER PROFESSIONALS’’ after ‘‘TEACHERS’’; 

23 and 

24 (2) by adding at the end the following: 


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1 ‘‘(c) FEDERAL PERKINS LOANS.—Notwithstanding 

2 section 465 of the Higher Education Act of 1965 (20 

3 U.S.C. 1087ee), the Secretary shall waive the require4 ments of such section in regards to full-time service and 

5 shall consider service as fulfilling the requirement for a 

6 complete year of service under such section, if the service 

7 of a borrower was interrupted due to a qualifying emer8 gency.’’. 

9 (f) CALCULATION OF EXPECTED FAMILY CONTRIBU10 TION.—Subtitle B of title III of the Coronavirus Aid, Re11 lief, and Economic Security Act is further amended by 

12 adding at the end the following: 

13 ‘‘SEC. 3520. CALCULATION OF EXPECTED FAMILY CON14 TRIBUTION. 

15 ‘‘The Secretary of Education shall not consider any 

16 funds received by a student (or the applicable spouse or 

17 parent of a student) under this Act when calculating the 

18 Expected Family Contribution for the purposes of a stu19 dent’s amount of need under section 471 of the Higher 

20 Education Act of 1965 (20 U.S.C. 1087kk).’’. 

21 (g) PROFESSIONAL JUDGMENT FOR FEDERAL STU22 DENT AID DURING THE 2020–2021 AND 2021–2022 

23 AWARD YEARS.—Subtitle B of title III of the Coronavirus 

24 Aid, Relief, and Economic Security Act is further amend25 ed by adding at the end the following: 


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1 ‘‘SEC. 3521. PROFESSIONAL JUDGMENT FOR FEDERAL STU2 DENT AID DURING THE 2020–2021 AND 2021– 

3 2022 AWARD YEARS. 

4 ‘‘(a) IN GENERAL.—For the purposes of making a 

5 professional judgment under section 479A of the Higher 

6 Education Act of 1965 (20 U.S.C. 1087tt), financial aid 

7 administrators may— 

8 ‘‘(1) determine that the income earned from 

9 work for an independent student is zero, if the stu10 dent can provide paper or electronic documentation 

11 of receipt of unemployment benefits or confirmation 

12 that an application for unemployment benefits was 

13 submitted; and 

14 ‘‘(2) make appropriate adjustments to the in15 come earned from work for a student, parent, or 

16 spouse, as applicable, based on the totality of the 

17 family’s situation, including consideration of unem18 ployment benefits. 

19 ‘‘(b) UNEMPLOYMENT DOCUMENTATION.—For the 

20 purposes of documenting unemployment under subsection 

21 (a), such documentation shall be accepted if such docu22 mentation is submitted not more than 90 days from the 

23 date on which such documentation was issued, except if 

24 a financial aid administrator knows that the student, par25 ent, or spouse, as applicable, has already obtained other 

26 employment. 


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1 ‘‘(c) PROGRAM REVIEWS.—The Secretary of Edu2 cation shall make adjustments to the model used to select 

3 institutions of higher education participating in title IV 

4 of the Higher Education Act of 1965 (20 U.S.C. 1070 

5 et seq.) for program reviews in order to account for any 

6 rise in the use of professional judgment under section 

7 479A of such Act during the 2020–2021 and 2021–2022 

8 award years.’’. 

9 (h) FAFSA ADJUSTMENTS FOR THE 2020–2021 AND

10 2021–2022 AWARD YEARS.—Subtitle B of title III of the 

11 Coronavirus Aid, Relief, and Economic Security Act is fur12 ther amended by adding at the end the following: 

13 ‘‘SEC. 3522. FAFSA ADJUSTMENTS FOR THE 2020–2021 AND 

14 2021–2022 AWARD YEARS. 

15 ‘‘The Secretary of Education shall add a question on 

16 the Free Application for Federal Student Aid described 

17 in section 483 of the Higher Education Act of 1965 (20 

18 U.S.C. 1090) for the 2020–2021 and 2021–2022 award 

19 years. The question shall ask applicants (and, as applica20 ble, the spouse or parents of an applicant) if the applicant 

21 (and, as applicable, the spouse or parents of an applicant) 

22 has lost significant income earned from work due to the 

23 COVID–19 national emergency. If an applicant affirms 

24 that income has been reduced, the Secretary shall direct 

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1 trator at the institution where the applicant plans to enroll 

2 to provide current income information.’’. 

Æ 


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