In the House of Representatives, U. S., 

October 1, 2020. 

Resolved, That the House agree to the amendment of the 

Senate to the title of the bill (H.R. 925) entitled ‘‘An Act to 

extend the authorization of appropriations for allocation to 

carry out approved wetlands conservation projects under the 

North American Wetlands Conservation Act through fiscal 

year 2024.’’ and be it further 

Resolved, That the House agree to the amendment of the 

Senate to the text of the aforementioned bill, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate to the text of the bill, insert 

the following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as ‘‘The Heroes Act’’. 

3 SEC. 2. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Short Title. 

Sec. 2. Table of Contents. 

Sec. 3. References. 

DIVISION A—CORONAVIRUS RECOVERY SUPPLEMENTAL 

APPROPRIATIONS ACT, 2021 

DIVISION B—PROVIDING RELIEF TO STUDENTS, INSTITUTIONS OF 

HIGHER EDUCATION, LOCAL EDUCATIONAL AGENCIES, AND 

STATE VOCATIONAL REHABILITATION AGENCIES 

Title I—Higher Education Provisions 

Title II—Impact Aid and Migrant Education Coronavirus Relief 
2 

•HR 925 EAH 

Title III—Career, Technical, and Adult Education 

Title IV—Disability Employment 

DIVISION C—PROTECTION FOR FAMILIES AND WORKERS 

Title I—Amendments to Emergency Family and Medical Leave Expansion Act 

and Emergency Paid Sick Leave Act 

Title II—COVID–19 Every Worker Protection Act of 2020 

Title III—COVID–19 Protections under Longshore and Harbor Workers’ Compensation Act 

Title IV—Worker’s Compensation for Federal and Postal Employees Diagnosed 

with COVID–19 

Title V—COVID–19 Workforce Development Response Activities 

DIVISION D—HUMAN SERVICES AND COMMUNITY SUPPORTS 

Title I—Stronger Child Abuse Prevention and Treatment 

Title II—Child Nutrition and the Special Supplemental Nutrition Program for 

Women, Infants, and Children 

Title III—Related Programs 

DIVISION E—SMALL BUSINESS PROVISIONS 

Title I—Funding Provisions 

Title II—Modifications to the Paycheck Protection Program 

Title III—Tax Provisions 

Title IV—COVID–19 Economic Injury Disaster Loan Program Reform 

Title V—Micro-SBIC and Equity Investment Enhancement 

Title VI—Miscellaneous 

DIVISION F—REVENUE PROVISIONS 

Title I—Economic Stimulus 

Title II—Provisions to Prevent Business Interruption 

Title III—Net Operating Losses 

DIVISION G—RETIREMENT PROVISIONS 

Title I—Relief for Multiemployer Pension Plans 

Title II—Relief for Single Employer Pension Plans 

Title III—Other Retirement Related Provisions 

DIVISION H—GIVING RETIREMENT OPTIONS TO WORKERS ACT 

DIVISION I—CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS 

Title I—Extensions of CARES Act Unemployment Benefits for Workers 

Title II—Additional Weeks of Benefit Eligibility 

Title III—Clarifications and Improvements to Pandemic Unemployment Assistance 

Title IV—Extension of Relief to States and Employers 

Title V—Corrective Action for Processing Backlogs 

Title VI—Additional Benefits for Mixed Earners 

Title VII—Technical Corrections 

DIVISION J—EMERGENCY ASSISTANCE, ELDER JUSTICE, AND 

CHILD AND FAMILY SUPPORT 

Title I—Emergency assistance 
3 

•HR 925 EAH 

Title II—Reauthorization of Funding for Programs to Prevent, Investigate, and 

Prosecute Elder Abuse, Neglect, and Exploitation 

Title III—Fairness for Seniors and People with Disabilities During COVID–19 

Title IV—Supporting Foster Youth and Families through the Pandemic 

Title V—Pandemic State Flexibilities 

DIVISION K—HEALTH PROVISIONS 

Title I—Medicaid Provisions 

Title II—Medicare Provisions 

Title III—Private Insurance Provisions 

Title IV—Application to Other Health Programs 

Title V—Public Health Policies 

Title VI—Public Health Assistance 

Title VII—Vaccine Development, Distribution, Administration, and Awareness 

Title VIII—Other Matters 

DIVISION L—VETERANS AND SERVICEMEMBERS PROVISIONS 

DIVISION M—CONSUMER PROTECTION AND TELECOMMUNICATIONS 

PROVISIONS 

Title I—COVID–19 Price Gouging Prevention 

Title II—E–Rate Support for Wi-Fi Hotspots, Other Equipment, Connected Devices, and Connectivity 

Title III—Emergency Benefit for Broadband Service 

Title IV—Continued Connectivity 

Title V—Don’t Break Up the T–Band 

Title VI—COVID–19 Compassion and Martha Wright Prison Phone Justice 

DIVISION N—AGRICULTURE PROVISIONS 

Title I—Livestock and Poultry 

Title II—Dairy 

Title III—Specialty Crops and Other Commodities 

Title IV—Commodity Credit Corporation 

Title V—Conservation 

Title VI—Nutrition 

Title VII—Rural Development 

DIVISION O—COVID–19 HERO ACT 

Title I—Providing Medical Equipment for First Responders and Essential Workers 

Title II—Protecting Renters and Homeowners From Evictions and Foreclosures 

Title III—Protecting People Experiencing Homelessness 

Title IV—Suspending Negative Credit Reporting and Strengthening Consumer 

and Investor Protections 

Title V—Protecting Student Borrowers 

Title VI—Standing Up for Small Businesses, Minority-Owned Businesses, and 

Non-Profits 

Title VII—Promoting and Advancing Communities of Color through Inclusive 

Lending 

Title VIII—Providing Assistance for State, Territory, Tribal, and Local Governments 

Title IX—Support for a Robust Global Response to the Covid–19 Pandemic 

Title X—Providing Oversight and Protecting Taxpayers 
4 

•HR 925 EAH 

DIVISION P—ACCESS ACT 

DIVISION Q—TRANSPORTATION AND INFRASTRUCTURE 

Title I—Aviation 

Title II—Federal Emergency Management Agency 

Title III—Other matters 

DIVISION R—ACCOUNTABILITY AND GOVERNMENT OPERATIONS 

Title I—Accountability 

Title II—Census Matters 

Title III—Federal Workforce 

Title IV—Federal Contracting Provisions 

Title V—District of Columbia 

Title VI—Other Matters 

DIVISION S—FOREIGN AFFAIRS PROVISIONS 

Title I—Matters Relating to the Department of State 

Title II—Global Health Security Act of 2020 

Title III—Securing America From Epidemics Act 

DIVISION T—JUDICIARY MATTERS 

Title I—Immigration Matters 

Title II—Prisons and jails 

Title III—Victims of Crime Act Amendments 

Title IV—Jabara-Heyer NO HATE Act 

Title V—Bankruptcy Protections 

DIVISION U—OTHER MATTERS 

Title I—Presumption of Service Connection for Coronavirus Disease 2019 

Title II—Coronavirus Relief Fund Amendments 

Title III—Energy and Environment Provisions 

Title IV—Miscellaneous Matters 

1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

3 to ‘‘this Act’’ contained in any division of this Act shall 

4 be treated as referring only to the provisions of that divi5 sion. 
5 

•HR 925 EAH 

1 DIVISION A—CORONAVIRUS RECOVERY 

2 SUPPLEMENTAL APPROPRIATIONS 

3 ACT, 2021 

4 The following sums are hereby appropriated, out of 

5 any money in the Treasury not otherwise appropriated, for 

6 the fiscal year ending September 30, 2021, and for other 

7 purposes, namely: 

8 TITLE I 

9 AGRICULTURE, RURAL DEVELOPMENT, FOOD 

10 AND DRUG ADMINISTRATION, AND RELATED 

11 AGENCIES 

12 DEPARTMENT OF AGRICULTURE 

13 AGRICULTURAL PROGRAMS 

14 OFFICE OF INSPECTOR GENERAL

15 For an additional amount for ‘‘Office of Inspector 

16 General’’, $2,500,000, to remain available until expended, 

17 to prevent, prepare for, and respond to coronavirus, domes18 tically or internationally: Provided, That the funding made 

19 available under this heading in this Act shall be used for 

20 conducting audits and investigations of projects and activi21 ties carried out with funds made available to the Depart22 ment of Agriculture to prevent, prepare for, and respond 

23 to coronavirus, domestically or internationally: Provided 

24 further, That such amounts shall be in addition to any 

25 other amounts available for such purposes: Provided fur-
6 

•HR 925 EAH 

1 ther, That such amount is designated by the Congress as 

2 being for an emergency requirement pursuant to section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 RURAL DEVELOPMENT PROGRAMS 

6 RURAL HOUSING SERVICE

7 SALARIES AND EXPENSES

8 For an additional amount for ‘‘Salaries and Ex9 penses’’, $10,000,000, to prevent, prepare for, and respond 

10 to coronavirus, domestically or internationally, including 

11 administrative expenses: Provided, That such amounts shall 

12 be in addition to any other amounts available for such pur13 poses: Provided further, That such amount is designated by 

14 the Congress as being for an emergency requirement pursu15 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

16 Emergency Deficit Control Act of 1985. 

17 RENTAL ASSISTANCE PROGRAM

18 For an additional amount for ‘‘Rental Assistance Pro19 gram’’, $309,000,000, to prevent, prepare for, and respond 

20 to coronavirus, including for temporary adjustment of wage 

21 income losses for residents of housing financed or assisted 

22 under section 514, 515, or 516 of the Housing Act of 1949, 

23 without regard to any existing eligibility requirements 

24 based on income: Provided, That such amount is designated 

25 by the Congress as being for an emergency requirement pur-
7 

•HR 925 EAH 

1 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 DOMESTIC FOOD PROGRAMS 

4 FOOD AND NUTRITION SERVICE

5 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

6 WOMEN, INFANTS, AND CHILDREN (WIC)

7 For an additional amount for the ‘‘Special Supple8 mental Nutrition Program for Women, Infants, and Chil9 dren’’, $400,000,000: Provided, That such amount is des10 ignated by the Congress as being for an emergency require11 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

12 Budget and Emergency Deficit Control Act of 1985. 

13 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

14 For an additional amount for ‘‘Supplemental Nutri15 tion Assistance Program’’, $10,000,000,000, to prevent, pre16 pare for, and respond to coronavirus: Provided, That such 

17 amounts shall be in addition to any other amounts avail18 able for such purposes: Provided further, That such amount 

19 is designated by the Congress as being for an emergency 

20 requirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 

22 COMMODITY ASSISTANCE PROGRAM

23 For an additional amount for ‘‘Commodity Assistance 

24 Program’’, $450,000,000, for the emergency food assistance 

25 program as authorized by section 27(a) of the Food and 
8 

•HR 925 EAH 

1 Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 

2 204(a)(1) of the Emergency Food Assistance Act of 1983 

3 (7 U.S.C. 7508(a)(1)): Provided, That such amount is des4 ignated by the Congress as being for an emergency require5 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

6 Budget and Emergency Deficit Control Act of 1985. 

7 DEPARTMENT OF HEALTH AND HUMAN 

8 SERVICES 

9 FOOD AND DRUG ADMINISTRATION

10 SALARIES AND EXPENSES

11 For an additional amount for ‘‘Salaries and Ex12 penses’’, $1,500,000, to remain available until expended, to 

13 prevent, prepare for, and respond to coronavirus, domesti14 cally or internationally, for the purposes of holding one or 

15 more advisory committee meetings to discuss requests for 

16 authorization or applications for approval of vaccines for 

17 coronavirus: Provided, That such amount is designated by 

18 the Congress as being for an emergency requirement pursu19 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 GENERAL PROVISIONS—THIS TITLE 

22 SEC. 101. For an additional amount for grants to 

23 Rural Utilities Service borrowers, as authorized in section 

24 701 of division N of this Act, to prevent, prepare for, and 

25 respond to coronavirus, $2,600,000,000, to remain available 
9 

•HR 925 EAH 

1 until September 30, 2022: Provided, That such amount is 

2 designated by Congress as being for an emergency require3 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

4 Budget and Emergency Deficit Control Act of 1985. 

5 SEC. 102. For an additional amount for the Common6 wealth of the Northern Mariana Islands, $14,000,000, for 

7 nutrition assistance to prevent, prepare for, and respond 

8 to coronavirus: Provided, That such amounts shall be in 

9 addition to any other amounts available for such purposes: 

10 Provided further, That such amount is designated by the 

11 Congress as being for an emergency requirement pursuant 

12 to section 251(b)(2)(A)(i) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985. 

14 SEC. 103. For an additional amount for the Common15 wealth of Puerto Rico, $1,236,000,000, for nutrition assist16 ance to prevent, prepare for, and respond to coronavirus: 

17 Provided, That such amounts shall be in addition to any 

18 other amounts available for such purposes: Provided fur19 ther, That such amount is designated by the Congress as 

20 being for an emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 

23 SEC. 104. For an additional amount for American 

24 Samoa, $9,117,000, for nutrition assistance to prevent, pre25 pare for, and respond to coronavirus: Provided, That such 
10 

•HR 925 EAH 

1 amounts shall be in addition to any other amounts avail2 able for such purposes: Provided further, That such amount 

3 is designated by the Congress as being for an emergency 

4 requirement pursuant to section 251(b)(2)(A)(i) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 

6 SEC. 105. The matter preceding the first proviso under 

7 the heading ‘‘Commodity Assistance Program’’ in title I of 

8 division B of the Coronavirus Aid, Relief, and Economic 

9 Security Act (Public Law 116–136), is amended by striking 

10 ‘‘to prevent, prepare for, and respond to coronavirus, do11 mestically or internationally,’’: Provided, That the amounts 

12 repurposed pursuant to the amendment made by this sec13 tion that were previously designated by the Congress as an 

14 emergency requirement pursuant to the Balanced Budget 

15 and Emergency Deficit Control Act of 1985 are designated 

16 by the Congress as an emergency requirement pursuant to 

17 section 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 

19 SEC. 106. For an additional amount for the program 

20 established under section 7522 of the Food, Conservation, 

21 and Energy Act of 2008 (7 U.S.C. 5936), to prevent, pre22 pare for, and respond to coronavirus, $20,000,000: Pro23 vided, That such amount is designated by the Congress as 

24 being for an emergency requirement pursuant to section 
11 

•HR 925 EAH 

1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 SEC. 107. Section 11004 in title I of division B of the 

4 Coronavirus Aid, Relief, and Economic Security Act (Pub5 lic Law 116–136) is amended by inserting after the fourth 

6 proviso the following: ‘‘Provided further, That the condition 

7 set forth in section 9003(f) of the Farm Security and Rural 

8 Investment Act of 2002 shall apply with respect to all con9 struction, alteration, or repair work carried out, in whole 

10 or in part, with funds made available by this section:’’: Pro11 vided, That amounts repurposed pursuant to the amend12 ments made pursuant to this section are designated by the 

13 Congress as being for an emergency requirement pursuant 

14 to section 251(b)(2)(A)(i) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 SEC. 108. For necessary expenses for salary and re17 lated costs associated with Agriculture Quarantine and In18 spection Services activities pursuant to 21 U.S.C. 136a(6), 

19 and in addition to any other funds made available for this 

20 purpose, there is appropriated, out of any money in the 

21 Treasury not otherwise appropriated, $350,000,000, to re22 main available until September 30, 2022, to offset the loss 

23 resulting from the coronavirus pandemic of quarantine and 

24 inspection fees collected pursuant to sections 2508 and 2509 

25 of the Food, Agriculture, Conservation, and Trade Act of 
12 

•HR 925 EAH 

1 1990 (21 U.S.C. 136, 136a): Provided, That amounts made 

2 available in this section and under the heading ‘‘Animal 

3 and Plant Health Inspection Service—Salaries and Ex4 penses’’ in the Coronavirus Aid, Relief, and Economic Secu5 rity Act (Public Law 116–136) shall be treated as funds 

6 collected by fees authorized under sections 2508 and 2509 

7 of the Food, Agriculture, Conservation, and Trade Act of 

8 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f) 

9 of the Homeland Security Act of 2002 (6 U.S.C. 231(f)): 

10 Provided further, That, the amounts repurposed in this sec11 tion that were previously designated by the Congress as an 

12 emergency requirement pursuant to the Balanced Budget 

13 and Emergency Deficit Control Act of 1985 are designated 

14 by the Congress as an emergency requirement pursuant to 

15 section 251(b)(2)(A)(i) of the Balanced Budget and Emer16 gency Deficit Control Act of 1985: Provided further, That 

17 such amount is designated by the Congress as being for an 

18 emergency requirement pursuant to section 251(b)(2)(A)(i) 

19 of the Balanced Budget and Emergency Deficit Control Act 

20 of 1985. 
13 

•HR 925 EAH 

1 TITLE II 

2 COMMERCE, JUSTICE, SCIENCE, AND RELATED 

3 AGENCIES 

4 DEPARTMENT OF COMMERCE 

5 INTERNATIONAL TRADE ADMINISTRATION

6 OPERATIONS AND ADMINISTRATION

7 For an additional amount for ‘‘Operations and Ad8 ministration’’, $20,000,000, to prevent, prepare for, and re9 spond to coronavirus: Provided, That such amount is des10 ignated by the Congress as being for an emergency require11 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

12 Budget and Emergency Deficit Control Act of 1985. 

13 MINORITY BUSINESS DEVELOPMENT AGENCY

14 MINORITY BUSINESS DEVELOPMENT

15 For an additional amount for ‘‘Minority Business De16 velopment’’, $25,000,000, for necessary expenses for the 

17 Business Centers and Specialty Centers, including any cost 

18 sharing requirements that may exist, for assisting minority 

19 business enterprises to prevent, prepare for, and respond to 

20 coronavirus, including identifying and accessing local, 

21 State, and Federal government assistance related to such 

22 virus: Provided, That such amount is designated by the 

23 Congress as being for an emergency requirement pursuant 

24 to section 251(b)(2)(A)(i) of the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 
14 

•HR 925 EAH 

1 BUREAU OF THE CENSUS

2 CURRENT SURVEYS AND PROGRAMS

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Current Surveys and 

5 Programs’’, $10,000,000: Provided, That such sums may be 

6 transferred to the Bureau of the Census Working Capital 

7 Fund for necessary expenses incurred as a result of the 

8 coronavirus, including for payment of salaries and leave 

9 to Bureau of the Census staff resulting from the suspension 

10 of data collection for reimbursable surveys conducted for 

11 other Federal agencies: Provided, That such transfer author12 ity is in addition to any other transfer authority provided 

13 by law: Provided further, That such amount is designated 

14 by the Congress as being for an emergency requirement pur15 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

16 Emergency Deficit Control Act of 1985. 

17 PERIODIC CENSUSES AND PROGRAMS

18 For an additional amount for ‘‘Periodic Censuses and 

19 Programs’’, $400,000,000, to remain available until Sep20 tember 30, 2022, to prevent, prepare for, and respond to 

21 coronavirus: Provided, That such amount is designated by 

22 the Congress as being for an emergency requirement pursu23 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 
15 

•HR 925 EAH 

1 UNITED STATES PATENT AND TRADEMARK OFFICE

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘United States Patent 

4 and Trademark Office, Salaries and Expenses’’, 

5 $95,000,000, to prevent, prepare for, and respond to 

6 coronavirus: Provided, That such amount is designated by 

7 the Congress as being for an emergency requirement pursu8 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

11 INDUSTRIAL TECHNOLOGY SERVICES

12 For an additional amount for ‘‘Industrial Technology 

13 Services’’, $70,000,000, of which $50,000,000 shall be for 

14 the Hollings Manufacturing Extension Partnership to as15 sist manufacturers to prevent, prepare for, and respond to 

16 coronavirus, and $20,000,000 shall be for the National Net17 work for Manufacturing Innovation (also known as ‘‘Manu18 facturing USA’’) to prevent, prepare for, and respond to 

19 coronavirus, including to support development and manu20 facturing of medical countermeasures and biomedical 

21 equipment and supplies: Provided, That none of the funds 

22 provided under this heading in this Act shall be subject to 

23 cost share requirements under section 34(e)(7)(A) of the Na24 tional Institute of Standards and Technology Act (15 

25 U.S.C. 278s(e)(7)(A)): Provided further, That such amount 
16 

•HR 925 EAH 

1 is designated by the Congress as being for an emergency 

2 requirement pursuant to section 251(b)(2)(A)(i) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

5 PROCUREMENT, ACQUISITION AND CONSTRUCTION

6 For an additional amount for ‘‘Procurement, Acquisi7 tion and Construction’’, $42,000,000, to prevent, prepare 

8 for, and respond to coronavirus, by supporting continuity 

9 of National Weather Service life and property related oper10 ations: Provided, That such amount is designated by the 

11 Congress as being for an emergency requirement pursuant 

12 to section 251(b)(2)(A)(i) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985. 

14 FISHERIES PROMOTION FUND

15 For an additional amount for ‘‘Fisheries Promotion 

16 Fund’’, $100,000,000, to remain available until September 

17 30, 2022, to prevent, prepare for, and respond to 

18 coronavirus, for grants authorized by the Saltonstall-Ken19 nedy Act of 1954 (15 U.S.C. 713c): Provided, That within 

20 the amount appropriated under this heading in this Act, 

21 up to 2 percent of funds may be transferred to the ‘‘Oper22 ations, Research, and Facilities’’ account for management, 

23 administration, and oversight of funds provided under this 

24 heading in this Act: Provided further, That such transfer 

25 authority is in addition to any other transfer authority 
17 

•HR 925 EAH 

1 provided by law: Provided further, That such amount is 

2 designated by the Congress as being for an emergency re3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985. 

5 FISHERIES DISASTER ASSISTANCE

6 For an additional amount for ‘‘Fisheries Disaster As7 sistance’’, $250,000,000, for activities authorized under sec8 tion 12005 of the Coronavirus Aid, Relief, and Economic 

9 Security Act of 2020 (Public Law 116–136), including for 

10 necessary expenses to provide assistance to Tribal, subsist11 ence, commercial, and charter fishery participants affected 

12 by the novel coronavirus (COVID–19), which may include 

13 direct relief payments: Provided, That of the funds provided 

14 under this heading in this Act, $25,000,000 shall be for 

15 Tribal fishery participants who belong to Federally recog16 nized Tribes in any of the Nation’s States and territories: 

17 Provided further, That such amount is designated by the 

18 Congress as being for an emergency requirement pursuant 

19 to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 DEPARTMENTAL MANAGEMENT

22 OFFICE OF INSPECTOR GENERAL

23 For an additional amount for ‘‘Office of Inspector 

24 General’’, $2,000,000, to remain available until expended 

25 to prevent, prepare for, and respond to coronavirus, includ-
18 

•HR 925 EAH 

1 ing the impact of coronavirus on the work of the Depart2 ment of Commerce and to carry out investigations and au3 dits related to the funding made available for the Depart4 ment of Commerce in this Act and in title II of division 

5 B of Public Law 116–136: Provided, That such amount is 

6 designated by the Congress as being for an emergency re7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 

9 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF

10 COMMERCE

11 SEC. 201. Notwithstanding any other provision of law, 

12 the Federal share for grants provided by the Economic De13 velopment Administration under Public Law 116–93 and 

14 Public Law 116–136 shall be 100 percent: Provided, That 

15 the amounts repurposed in this section that were previously 

16 designated by the Congress as an emergency requirement 

17 pursuant to the Balanced Budget and Emergency Deficit 

18 Control Act of 1985 are designated by the Congress as an 

19 emergency requirement pursuant to section 251(b)(2)(A)(i) 

20 of the Balanced Budget and Emergency Deficit Control Act 

21 of 1985. 

22 SEC. 202. The Secretary of Commerce may waive, in 

23 whole or in part, the matching requirements under section 

24 306 and 306A, and the cost sharing requirements under sec25 tion 315, of the Coastal Zone Management Act of 1972 (16 
19 

•HR 925 EAH 

1 U.S.C. 1455, 1455a, and 1461 respectively) as necessary for 

2 fiscal years 2020, 2021, and 2022 upon written request by 

3 a coastal State. 

4 SEC. 203. Amounts provided by this Act, or any other 

5 Act making appropriations for fiscal year 2021, for the 

6 Hollings Manufacturing Extension Partnership under the 

7 heading ‘‘National Institute of Standards and Tech8 nology—Industrial Technology Services’’ shall not be sub9 ject to cost share requirements under section 25(e)(2) of the 

10 National Institute of Standards and Technology Act (15 

11 U.S.C. 278k(e)(2)): Provided, That the authority made 

12 available pursuant to this section shall be elective for any 

13 Manufacturing Extension Partnership Center that also re14 ceives funding from a State that is conditioned upon the 

15 application of a Federal cost sharing requirement. 

16 DEPARTMENT OF JUSTICE 

17 FEDERAL PRISON SYSTEM

18 SALARIES AND EXPENSES

19 For an additional amount for ‘‘Salaries and Ex20 penses’’, $620,000,000, to prevent, prepare for, and respond 

21 to coronavirus, including the impact of coronavirus on the 

22 work of the Department of Justice, to include funding for 

23 medical testing and services, personal protective equipment, 

24 hygiene supplies and services, and sanitation services: Pro25 vided, That such amount is designated by the Congress as 
20 

•HR 925 EAH 

1 being for an emergency requirement pursuant to section 

2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 OFFICE OF INSPECTOR GENERAL

5 For an additional amount for ‘‘Office of Inspector 

6 General’’, $3,000,000, to remain available until expended 

7 to prevent, prepare for, and respond to coronavirus, includ8 ing the impact of coronavirus on the work of the Depart9 ment of Justice and to carry out investigations and audits 

10 related to the funding made available for the Department 

11 of Justice in this Act and in title II of division B of Public 

12 Law 116–136: Provided, That such amount is designated 

13 by the Congress as being for an emergency requirement pur14 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

17 OFFICE ON VIOLENCE AGAINST WOMEN

18 VIOLENCE AGAINST WOMEN PREVENTION AND

19 PROSECUTION PROGRAMS

20 For an additional amount for ‘‘Violence Against 

21 Women Prevention and Prosecution Programs’’, 

22 $375,000,000, to remain available until expended, of 

23 which— 

24 (1) $100,000,000 is for formula grants to States 

25 and territories to combat violence against women, as 
21 

•HR 925 EAH 

1 authorized by part T of title I of the Omnibus Crime 

2 Control and Safe Streets Acts of 1968; 

3 (2) $40,000,000 is for transitional housing as4 sistance grants for victims of domestic violence, dat5 ing violence, stalking, or sexual assault, as authorized 

6 by section 40299 of the Violent Crime Control and 

7 Law Enforcement Act of 1994 (Public Law 103–322; 

8 ‘‘1994 Act’’); 

9 (3) $100,000,000 is for formula grants to States 

10 and territories for sexual assault victims assistance, 

11 as authorized by section 41601 of the 1994 Act; 

12 (4) $20,000,000 is for rural domestic violence 

13 and child abuse enforcement assistance grants, as au14 thorized by section 40295 of the 1994 Act; 

15 (5) $15,000,000 is for grants to support families 

16 in the justice system, as authorized by section 1301 

17 of the Victims of Trafficking and Violence Protection 

18 Act of 2000 (Public Law 106–386); 

19 (6) $50,000,000 is for grants to Tribal govern20 ments, Tribal coalitions, Tribal non-profit organiza21 tions and Tribal organizations that serve Native vic22 tims for purposes authorized under 34 U.S.C. 

23 10441(d), 34 U.S.C. 12511(d), 34 U.S.C. 10452 and 

24 34 U.S.C. 12511(e); 
22 

•HR 925 EAH 

1 (7) $25,000,000 is for grants to enhance cul2 turally specific services for victims of domestic vio3 lence, dating violence, sexual assault, and stalking, as 

4 authorized under 34 U.S.C. 20124 (commonly re5 ferred to as the ‘‘Culturally Specific Services Pro6 gram’’); and 

7 (8) $25,000,000 is for grants for outreach and 

8 services to underserved populations as authorized 

9 under 34 U.S.C. 20123 (commonly referred to as the 

10 ‘‘Underserved Program’’): 

11 Provided, That a recipient of such funds shall not be subject, 

12 as a condition for receiving the funds, to any otherwise13 applicable requirement to provide or obtain other Federal 

14 or non-Federal funds: Provided further, That such amount 

15 is designated by the Congress as being for an emergency 

16 requirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 OFFICE OF JUSTICE PROGRAMS

19 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

20 For an additional amount for ‘‘State and Local Law 

21 Enforcement Assistance’’, $250,000,000, to remain avail22 able until expended, for offender reentry programs and re23 search, as authorized by the Second Chance Act of 2007 

24 (Public Law 110–199) and by the Second Chance Reauthor25 ization Act of 2018 (Public Law 115–391), without regard 
23 

•HR 925 EAH 

1 to the time limitations specified at section 6(1) of such Act, 

2 to prevent, prepare for, and respond to coronavirus: Pro3 vided, That a recipient of funds made available under this 

4 heading in this Act shall not be subject, as a condition for 

5 receiving the funds, to any otherwise-applicable require6 ment to provide or obtain other Federal or non-Federal 

7 funds: Provided further, That such amount is designated 

8 by the Congress as being for an emergency requirement pur9 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 For an additional amount for ‘‘State and Local Law 

12 Enforcement Assistance’’, $600,000,000, to remain avail13 able until expended, for grants, contracts, cooperative agree14 ments, and other assistance as authorized by the Pandemic 

15 Justice Response Act (title II of division T of this Act, re16 ferred to in this paragraph as ‘‘the Act’’): Provided, That 

17 $500,000,000 is to establish and implement policies and 

18 procedures to prevent, detect, and stop the presence and 

19 spread of COVID–19 among arrestees, detainees, inmates, 

20 correctional facility staff, and visitors to the facilities; and 

21 for pretrial citation and release grants, as authorized by 

22 the Act: Provided further, That $25,000,000 is for Rapid 

23 COVID–19 Testing, as authorized by the Act: Provided fur24 ther, That $75,000,000 is for grants for Juvenile Specific 

25 Services, as authorized by the Act: Provided further, That 
24 

•HR 925 EAH 

1 a recipient of funds made available under this heading in 

2 this Act shall not be subject, as a condition for receiving 

3 the funds, to any otherwise-applicable requirement to pro4 vide or obtain other Federal or non-Federal funds: Provided 

5 further, That such amount is designated by the Congress 

6 as being for an emergency requirement pursuant to section 

7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 JUVENILE JUSTICE PROGRAMS

10 For an additional amount for ‘‘Juvenile Justice Pro11 grams’’, $100,000,000, to remain available until expended, 

12 to prevent, prepare for, and respond to coronavirus, of 

13 which $50,000,000 shall be for juvenile justice programs au14 thorized by section 221 of the Juvenile Justice and Delin15 quency Prevention Act of 1974, and $50,000,000 shall be 

16 for programs authorized by the Victims of Child Abuse Act 

17 of 1990: Provided, That funds made available under this 

18 heading in this Act shall be made available without any 

19 otherwise applicable requirement that a recipient of such 

20 funds provide any other Federal funds, or any non-Federal 

21 funds, as a condition for receiving the funds made available 

22 under such heading: Provided further, That such amount 

23 is designated by the Congress as being for an emergency 

24 requirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985. 
25 

•HR 925 EAH 

1 SCIENCE 

2 NATIONAL SCIENCE FOUNDATION

3 RESEARCH AND RELATED ACTIVITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Research and Related 

6 Activities’’, $2,587,000,000, to remain available until Sep7 tember 30, 2022, to prevent, prepare for, and respond to 

8 coronavirus, including to fund research grants: Provided, 

9 That up to $2,537,000,000 shall be for necessary expenses, 

10 including extensions of existing research grants, cooperative 

11 agreements, scholarships, fellowships, and apprenticeships: 

12 Provided further, That $1,000,000 shall be for a study on 

13 the spread of COVID–19 related disinformation, as de14 scribed in section 204 of this Act: Provided further, That, 

15 of the amount appropriated under this heading in this Act, 

16 up to 2 percent of funds may be transferred to the ‘‘Agency 

17 Operations and Award Management’’ account for manage18 ment, administration, and oversight of funds provided 

19 under this heading in this Act: Provided further, That such 

20 transfer authority is in addition to any other transfer au21 thority provided by law: Provided further, That such 

22 amount is designated by the Congress as being for an emer23 gency requirement pursuant to section 251(b)(2)(A)(i) of 

24 the Balanced Budget and Emergency Deficit Control Act 

25 of 1985. 
26 

•HR 925 EAH 

1 EDUCATION AND HUMAN RESOURCES

2 For an additional amount for ‘‘Education and 

3 Human Resources’’, $300,000,000, to remain available 

4 until September 30, 2022, to prevent, prepare for, and re5 spond to coronavirus, including extensions of existing re6 search grants, cooperative agreements, scholarships, fellow7 ships, and apprenticeships: Provided, That, of the amount 

8 appropriated under this heading in this Act, up to 2 per9 cent of funds may be transferred to the ‘‘Agency Operations 

10 and Award Management’’ account for management, admin11 istration, and oversight of funds provided under this head12 ing in this Act: Provided further, That such transfer author13 ity is in addition to any other transfer authority provided 

14 by law: Provided further, That such amount is designated 

15 by the Congress as being for an emergency requirement pur16 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 ADMINISTRATIVE PROVISION—SCIENCE

19 STUDY ON COVID–19 DISINFORMATION

20 SEC. 204. (a) STUDY.—No later than 30 days after 

21 the date of enactment of this Act, the Director of the Na22 tional Science Foundation shall enter into an arrangement 

23 with the National Academies of Science, Engineering, and 

24 Medicine (National Academies) to conduct a study on the 

25 current understanding of the spread of COVID–19-related 
27 

•HR 925 EAH 

1 disinformation on the internet and social media platforms. 

2 The study shall address the following: 

3 (1) the role disinformation and misinformation 

4 has played in the public response to COVID–19; 

5 (2) the sources of COVID–19-related 

6 disinformation—both foreign and domestic—and the 

7 mechanisms by which that disinformation influences 

8 the public debate; 

9 (3) the role social media plays in the dissemina10 tion and promotion of COVID–19 disinformation and 

11 misinformation content and the role social media 

12 platforms play in the organization of groups seeking 

13 to spread COVID–19 disinformation; 

14 (4) the potential financial returns for creators or 

15 distributors of COVID–19 disinformation, and the 

16 role such financial incentives play in the propagation 

17 of COVID–19 disinformation; 

18 (5) potential strategies to mitigate the dissemi19 nation and negative impacts of COVID–19 

20 disinformation, including specifically, the dissemina21 tion of disinformation on social media, including 

22 through improved disclosures; and 

23 (6) an analysis of the limitations of these miti24 gation strategies, and an analysis of how these strate-
28 

•HR 925 EAH 

1 gies can be implemented without infringing on Amer2 icans’ Constitutional rights and civil liberties. 

3 (b) REPORT.—In entering into an arrangement under 

4 this section, the Director shall request that the National 

5 Academies transmit to Congress a report on the results of 

6 the study not later than 12 months after the date of enact7 ment of this Act. 

8 (c) AUTHORIZATION.—There is authorized to be appro9 priated for the purposes of conducting the study in this sec10 tion $1,000,000. 

11 RELATED AGENCIES 

12 LEGAL SERVICES CORPORATION

13 PAYMENT TO THE LEGAL SERVICES CORPORATION

14 For an additional amount for ‘‘Payment to the Legal 

15 Services Corporation’’, $100,000,000, for the same purposes 

16 and subject to the same conditions as the appropriations 

17 for fiscal year 2020 under this heading in title II of division 

18 B of the CARES Act (Public Law 116–136): Provided, That 

19 such amount is designated by the Congress as being for an 

20 emergency requirement pursuant to section 251(b)(2)(A)(i) 

21 of the Balanced Budget and Emergency Deficit Control Act 

22 of 1985. 
29 

•HR 925 EAH 

1 TITLE III 

2 DEPARTMENT OF DEFENSE 

3 OPERATION AND MAINTENANCE 

4 OPERATION AND MAINTENANCE, ARMY

5 For an additional amount for ‘‘Operation and Mainte6 nance, Army’’, $100,000,000, to prevent, prepare for, and 

7 respond to coronavirus, domestically or internationally: 

8 Provided, That such amount is designated by the Congress 

9 as being for an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE, NAVY

13 For an additional amount for ‘‘Operation and Mainte14 nance, Navy’’, $100,000,000, to prevent, prepare for, and 

15 respond to coronavirus, domestically or internationally: 

16 Provided, That such amount is designated by the Congress 

17 as being for an emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For an additional amount for ‘‘Operation and Mainte22 nance, Marine Corps’’, $10,000,000, to prevent, prepare for, 

23 and respond to coronavirus, domestically or internation24 ally: Provided, That such amount is designated by the Con25 gress as being for an emergency requirement pursuant to 
30 

•HR 925 EAH 

1 section 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, AIR FORCE

4 For an additional amount for ‘‘Operation and Mainte5 nance, Air Force’’, $100,000,000, to prevent, prepare for, 

6 and respond to coronavirus, domestically or internation7 ally: Provided, That such amount is designated by the Con8 gress as being for an emergency requirement pursuant to 

9 section 251(b)(2)(A)(i) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985. 

11 OPERATION AND MAINTENANCE, DEFENSE-WIDE

12 For an additional amount for ‘‘Operation and Mainte13 nance, Defense-Wide’’, $10,000,000, to prevent, prepare for, 

14 and respond to coronavirus, domestically or internation15 ally: Provided, That such amount is designated by the Con16 gress as being for an emergency requirement pursuant to 

17 section 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 

19 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

20 DEFENSE HEALTH PROGRAM

21 For an additional amount for ‘‘Defense Health Pro22 gram’’, $705,000,000, of which $175,000,000 shall be for op23 eration and maintenance, and $530,000,000 shall be for re24 search, development, test and evaluation, to prevent, pre25 pare for, and respond to coronavirus, domestically or inter-
31 

•HR 925 EAH 

1 nationally: Provided, That prior to the obligation of such 

2 funds the Assistant Secretary of Defense (Health Affairs) 

3 shall submit to the Committees on Appropriations of the 

4 House of Representatives and the Senate a spend plan on 

5 the use of funds made available under this heading in this 

6 Act: Provided further, That such amount is designated by 

7 the Congress as being for an emergency requirement pursu8 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 GENERAL PROVISIONS—THIS TITLE 

11 SEC. 301. For an additional amount for ‘‘Operation 

12 and Maintenance, Army’’, $400,000,000, to prevent, pre13 pare for, and respond to coronavirus, domestically or inter14 nationally: Provided, That such amount shall be used for 

15 necessary expenses, including salaries, cleaning, utilities 

16 and personal protective equipment, for recreational entities, 

17 childcare development centers and other entities affected by 

18 the coronavirus that derive funding from non-appropriated 

19 accounts: Provided, That prior to the obligation of such 

20 funds the Secretary of the Army shall submit to the Com21 mittees on Appropriations of the House of Representatives 

22 and the Senate a spend plan on the use of funds made avail23 able by this section: Provided further, That such amount 

24 is designated by the Congress as being for an emergency 
32 

•HR 925 EAH 

1 requirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 SEC. 302. For an additional amount for ‘‘Operation 

4 and Maintenance, Navy’’, $400,000,000, to prevent, prepare 

5 for, and respond to coronavirus, domestically or inter6 nationally: Provided, That such amount shall be used for 

7 necessary expenses, including salaries, cleaning, utilities 

8 and personal protective equipment, for recreational entities, 

9 childcare development centers and other entities affected by 

10 the coronavirus that derive funding from non-appropriated 

11 accounts: Provided, That prior to the obligation of such 

12 funds the Secretary of the Navy shall submit to the Commit13 tees on Appropriations of the House of Representatives and 

14 the Senate a spend plan on the use of funds made available 

15 by this section: Provided further, That such amount is des16 ignated by the Congress as being for an emergency require17 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985. 

19 SEC. 303. For an additional amount for ‘‘Operation 

20 and Maintenance, Air Force’’, $500,000,000, to prevent, 

21 prepare for, and respond to coronavirus, domestically or 

22 internationally: Provided, That such amount shall be used 

23 for necessary expenses, including salaries, cleaning, utilities 

24 and personal protective equipment, for recreational entities, 

25 childcare development centers and other entities affected by 
33 

•HR 925 EAH 

1 the coronavirus that derive funding from non-appropriated 

2 accounts: Provided, That prior to the obligation of such 

3 funds the Secretary of the Air Force shall submit to the 

4 Committees on Appropriations of the House of Representa5 tives and the Senate a spend plan on the use of funds made 

6 available by this section: Provided further, That such 

7 amount is designated by the Congress as being for an emer8 gency requirement pursuant to section 251(b)(2)(A)(i) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 SEC. 304. For an additional amount for ‘‘Operation 

12 and Maintenance, Marine Corps’’, $100,000,000, to prevent, 

13 prepare for, and respond to coronavirus, domestically or 

14 internationally: Provided, That such amount shall be used 

15 for necessary expenses, including salaries, cleaning, utilities 

16 and personal protective equipment, for recreational entities, 

17 childcare development centers and other entities affected by 

18 the coronavirus that derive funding from non-appropriated 

19 accounts: Provided, That prior to the obligation of such 

20 funds the Secretary of the Navy shall submit to the Commit21 tees on Appropriations of the House of Representatives and 

22 the Senate a spend plan on the use of funds made available 

23 by this section: Provided further, That such amount is des24 ignated by the Congress as being for an emergency require-
34 

•HR 925 EAH 

1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 TITLE IV 

4 ENERGY AND WATER 

5 DEPARTMENT OF THE INTERIOR 

6 BUREAU OF RECLAMATION

7 WATER AND RELATED RESOURCES

8 For an additional amount for ‘‘Water and Related Re9 sources’’, $7,000,000, to prevent, prepare for, and respond 

10 to coronavirus, domestically or internationally: Provided, 

11 That such amount is designated by the Congress as being 

12 for an emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 DEPARTMENT OF ENERGY 

16 ENERGY PROGRAMS

17 SCIENCE

18 For an additional amount for ‘‘Science’’, 

19 $143,000,000, for necessary expenses to offset the costs of 

20 impacts due to the coronavirus pandemic or public health 

21 measures related to the coronavirus pandemic for the fol22 lowing projects: 

23 (1) Core Facility Revitalization, 

24 (2) Large Synoptic Survey Telescope Camera, 

25 (3) Linac Coherent Light Source II, 
35 

•HR 925 EAH 

1 (4) Muon to Electron Conversion Experiment, 

2 and 

3 (5) Super Cryogenic Dark Matter Search: 

4 Provided,That such amount is designated by the Congress 

5 as being for an emergency requirement pursuant to section 

6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 DEPARTMENTAL ADMINISTRATION

9 For an additional amount for ‘‘Departmental Admin10 istration’’, $1,300,000, to prevent, prepare for, and respond 

11 to coronavirus, domestically or internationally, including 

12 for necessary expenses related to personal protective equip13 ment: Provided,That such amount is designated by the Con14 gress as being for an emergency requirement pursuant to 

15 section 251(b)(2)(A)(i) of the Balanced Budget and Emer16 gency Deficit Control Act of 1985. 

17 GENERAL PROVISIONS—THIS TITLE 

18 SEC. 401. Funds appropriated in this title may be 

19 made available to restore amounts, either directly or 

20 through reimbursement, for obligations incurred for the 

21 same purposes to prevent, prepare for, and respond to 

22 coronavirus prior to the date of enactment of this Act. 

23 SEC. 402. (a) Requirements relating to non-Federal 

24 cost-share grants and cooperative agreements for the Delta 

25 Regional Authority under section 382D of the Agricultural 
36 

•HR 925 EAH 

1 Act of 1961 and Consolidated Farm and Rural Develop2 ment Act (7 U.S.C. 2009aa—3) are waived for grants 

3 awarded in fiscal year 2020 and in subsequent years in 

4 response to economic distress directly related to the impacts 

5 of the Coronavirus Disease (COVID-19). 

6 (b) Requirements relating to non-Federal cost-share 

7 grants and cooperative agreements for the Northern Border 

8 Regional Commission under section 15501(d) of title 40, 

9 United States Code, are waived for grants awarded in fiscal 

10 year 2020 and in subsequent years in response to economic 

11 distress directly related to the impacts of the Coronavirus 

12 Disease (COVID-19). 

13 (c) Requirements relating to non-Federal cost-share 

14 grants and cooperative agreements for the Denali Commis15 sion are waived for grants awarded in fiscal year 2020 and 

16 in subsequent years in response to economic distress directly 

17 related to the impacts of the Coronavirus Disease (COVID18 19). 

19 (d) Amounts repurposed pursuant to this section that 

20 were previously designated by the Congress as an emergency 

21 requirement pursuant to the Balanced Budget and Emer22 gency Deficit Control Act of 1985 are designated by the 

23 Congress as an emergency requirement pursuant to section 

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 
37 

•HR 925 EAH 

1 TITLE V 

2 FINANCIAL SERVICES AND GENERAL 

3 GOVERNMENT 

4 DEPARTMENT OF THE TREASURY 

5 DEPARTMENTAL OFFICES

6 OFFICE OF INSPECTOR GENERAL

7 SALARIES AND EXPENSES

8 For an additional amount for ‘‘Salaries and Ex9 penses’’, $35,000,000, to remain available until expended, 

10 to conduct monitoring and oversight of the receipt, disburse11 ment, and use of funds made available under the 

12 ‘‘Coronavirus State Fiscal Relief Fund’’ and the 

13 ‘‘Coronavirus Local Fiscal Relief Fund’’ (collectively, ‘‘Fis14 cal Relief Funds’’): Provided, That, if the Inspector General 

15 of the Department of the Treasury determines that an entity 

16 receiving a payment from amounts provided by the Fiscal 

17 Relief Funds has failed to comply with the provisions gov18 erning the use of such funding, the Inspector General shall 

19 transmit any relevant information related to such deter20 mination to the Committees on Appropriations of the House 

21 of Representatives and the Senate not later than 5 days 

22 after any such determination is made: Provided further, 

23 That such amount is designated by the Congress as being 

24 for an emergency requirement pursuant to section 
38 

•HR 925 EAH 

1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $2,500,000, to remain available until expended, to 

7 prevent, prepare for, and respond to coronavirus, domesti8 cally or internationally: Provided, That such amount is 

9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 HOMEOWNER ASSISTANCE FUND

13 For activities and assistance authorized in section 202 

14 of division O of this Act, $21,000,000,000, to remain avail15 able until expended: Provided, That such amount is des16 ignated by the Congress as being for an emergency require17 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985. 

19 CORONAVIRUS STATE FISCAL RELIEF FUND

20 For making payments to States, territories, and Tribal 

21 governments to mitigate the fiscal effects stemming from the 

22 public health emergency with respect to the Coronavirus 

23 Disease (COVID–19), $257,000,000,000 to remain available 

24 until expended, which shall be in addition to any other 

25 amounts available for making payments to States, terri-
39 

•HR 925 EAH 

1 tories, and Tribal governments for any purpose (including 

2 payments made under section 601 of the Social Security 

3 Act), of which: 

4 (1) $9,500,000,000 shall be for making pay5 ments to the Commonwealth of Puerto Rico, 

6 United States Virgin Islands, Guam, Common7 wealth of the Northern Mariana Islands, and 

8 American Samoa: Provided, That of the amount 

9 made available in this paragraph, half shall be 

10 allocated equally among each entity specified in 

11 this paragraph, and half shall be allocated as an 

12 additional amount to each such entity in an 

13 amount which bears the same proportion to half 

14 of the total amount provided under this para15 graph as the relative population of each such en16 tity bears to the total population of all such enti17 ties; 

18 (2) $9,500,000,000 shall be for making pay19 ments to Tribal governments, of which— 

20 (A) $1,000,000,000 shall be allocated 

21 equally between each Tribal government; 

22 and 

23 (B) $8,500,000,000 shall be allocated 

24 as an additional amount to each Tribal 

25 government in an amount determined by 
40 

•HR 925 EAH 

1 the Secretary of the Treasury, in consulta2 tion with the Secretary of the Interior and 

3 Tribal governments, that is based on in4 creased aggregate expenditures of each such 

5 Tribal government (or a tribally-owned en6 tity of such Tribal government) in fiscal 

7 year 2020 relative to aggregate expenditures 

8 in fiscal year 2019 by the Tribal govern9 ment (or tribally-owned entity) and deter10 mined in such manner as the Secretary de11 termines appropriate to ensure that all 

12 amounts available pursuant to this sub13 paragraph are distributed to Tribal govern14 ments: 

15 Provided, That not later than 24 hours before 

16 any payments for Tribal governments are dis17 tributed by the Secretary of the Treasury pursu18 ant to this paragraph, the Secretary of the 

19 Treasury shall publish on the website of the De20 partment of the Treasury a detailed description 

21 of the funding allocation formulas used pursuant 

22 to this paragraph, and a detailed description of 

23 the procedure and methodology used to determine 

24 such funding allocation formula: Provided Fur25 ther, That not later than 7 days after any pay-
41 

•HR 925 EAH 

1 ments for Tribal governments are so distributed, 

2 the Secretary shall publish on the website of the 

3 Department of the Treasury the date and 

4 amount of all fund disbursements, broken down 

5 by individual Tribal government recipient; and 

6 (3) $238,000,000,000 shall be for making pay7 ments to each of the 50 States and the District of Co8 lumbia, of which— 

9 (A) an amount equal to $1,250,000,000 less 

10 the amount allocated for the District of Colum11 bia pursuant to section 601(c)(6) of the Social 

12 Security Act, shall only be for payment to the 

13 District of Columbia, in addition to any other 

14 funding available for such purpose (including 

15 payments under subparagraph (B) of this para16 graph): Provided, That the Secretary of the 

17 Treasury shall pay all amounts provided by this 

18 section directly to the District of Columbia not 

19 less than 5 days after the date of enactment of 

20 this Act; and 

21 (B) the remainder shall be allocated between 

22 each such entity in an amount which bears the 

23 same proportion to the total amount provided 

24 under this paragraph as the average estimated 

25 number of seasonally-adjusted unemployed indi-
42 

•HR 925 EAH 

1 viduals (as measured by the Bureau of Labor 

2 Statistics Local Area Unemployment Statistics 

3 program) in each such entity in August 2020 

4 bears to the average estimated number of season5 ally-adjusted unemployed individuals in all such 

6 entities: Provided, That the Secretary of the 

7 Treasury shall adjust, on a pro rata basis, the 

8 amount allocated to each such entity pursuant to 

9 the matter preceding this proviso in this para10 graph to the extent necessary to ensure a min11 imum payment of $500,000,000 to each such en12 tity: 

13 Provided, That any entity receiving a payment from funds 

14 made available under this heading in this Act shall only 

15 use such amounts to respond to, mitigate, cover costs or re16 place foregone revenues not projected on January 31, 2020 

17 stemming from the public health emergency, or its negative 

18 economic impacts, with respect to the Coronavirus Disease 

19 (COVID–19): Provided further, That if the Inspector Gen20 eral of the Department of the Treasury determines that an 

21 entity receiving a payment from amounts provided under 

22 this heading has failed to comply with the preceding pro23 viso, the amount equal to the amount of funds used in viola24 tion of such proviso shall be booked as a debt of such entity 

25 owed to the Federal Government, and any amounts recov-
43 

•HR 925 EAH 

1 ered shall be deposited into the general fund of the Treasury 

2 as discretionary offsetting receipts: Provided further, That 

3 for purposes of the preceding provisos under this heading 

4 in this Act, the population of each entity described in any 

5 such proviso shall be determined based on the most recent 

6 year for which data are available from the Bureau of the 

7 Census, or in the case of an Indian tribe, shall be deter8 mined based on data certified by the Tribal government: 

9 Provided further, That an entity receiving a payment from 

10 amounts provided under this heading may transfer funds 

11 to a private nonprofit organization (as that term is defined 

12 in paragraph (17) of section 401 of the McKinney-Vento 

13 Homeless Assistance Act (42 U.S.C. 11360(17)), or to a spe14 cial-purpose unit of local government or a multi-state entity 

15 involved in the transportation of passengers or cargo: Pro16 vided further, That as used under this heading in this Act, 

17 the term ‘‘Tribal government’’ has the same meaning as 

18 specified in section 601(g) of the Social Security Act (42 

19 U.S.C. 601(g)), as added by section 5001 of the CARES 

20 Act (Public Law 116–136) and amended by section 201 of 

21 division U of this Act, and the term ‘‘State’’ means one 

22 of the 50 States: Provided further, That the Secretary of 

23 Treasury shall make all payments prescribed under this 

24 heading in this Act not later than 30 days after the date 

25 of enactment of this Act: Provided further, That such 
44 

•HR 925 EAH 

1 amount is designated by the Congress as being for an emer2 gency requirement pursuant to section 251(b)(2)(A)(i) of 

3 the Balanced Budget and Emergency Deficit Control Act 

4 of 1985. 

5 CORONAVIRUS LOCAL FISCAL RELIEF FUND

6 For making payments to metropolitan cities, counties, 

7 and other units of general local government to mitigate the 

8 fiscal effects stemming from the public health emergency 

9 with respect to the Coronavirus Disease (COVID–19), 

10 $179,000,000,000, to remain available until expended, 

11 which shall be in addition to any other amounts available 

12 for making payments to metropolitan cities, counties, and 

13 other units of general local government (including pay14 ments made under section 601 of the Social Security Act), 

15 of which— 

16 (1) $89,500,000,000 shall be for making pay17 ments to metropolitan cities and other units of gen18 eral local government (as those terms are defined in 

19 section 102 of the Housing and Community Develop20 ment Act of 1974 (42 U.S.C. 5302)), of which— 

21 (A) $62,650,000,000 shall be allocated pur22 suant to the formula under section 106(b)(1) of 

23 the Housing and Community Development Act of 

24 1974 (42 U.S.C. 5306(b)(1)) to metropolitan cit25 ies (as defined in section 102(a)(4) of such Act 
45 

•HR 925 EAH 

1 (42 U.S.C. 5302(a)(4)), including metropolitan 

2 cities that have relinquished or deferred their 

3 status as a metropolitan city as of the date of en4 actment of this Act; and 

5 (B) $26,850,000,000 shall be distributed to 

6 each State (as that term is defined in section 102 

7 of the Housing and Community Development Act 

8 of 1974 (42 U.S.C. 5302)) for use by units of 

9 general local government, other than counties or 

10 parishes, in nonentitlement areas (as defined in 

11 such section 102) of such States in an amount 

12 which bears the same proportion to the total 

13 amount provided under this subparagraph as the 

14 total population of such units of general local 

15 government within the State bears to the total 

16 population of all such units of general local gov17 ernment in all such States: Provided, That a 

18 State shall pass-through the amounts received 

19 under this subparagraph, within 30 days of re20 ceipt, to each such unit of general local govern21 ment in an amount that bears the same propor22 tion to the amount distributed to each such State 

23 as the population of such unit of general local 

24 government bears to the total population of all 

25 such units of general local government within 
46 

•HR 925 EAH 

1 each such State: Provided further, That if a 

2 State has not elected to distribute amounts allo3 cated under this paragraph, the Secretary of the 

4 Treasury shall pay the applicable amounts 

5 under this subparagraph to such units of general 

6 local government in the State not later than 30 

7 days after the date on which the State would oth8 erwise have received the amounts from the Sec9 retary; and 

10 (2) $89,500,000,000 shall be paid directly to 

11 counties within the 50 States, the District of Colum12 bia, the Commonwealth of Puerto Rico, the United 

13 States Virgin Islands, Guam, the Commonwealth of 

14 the Northern Mariana Islands, and American Samoa 

15 in an amount which bears the same proportion to the 

16 total amount provided under this paragraph as the 

17 relative population of each such county bears to the 

18 total population of all such entities: Provided, That 

19 no county that is an ‘‘urban county’’ (as defined in 

20 section 102 of the Housing and Community Develop21 ment Act of 1974 (42 U.S.C. 5302)) shall receive less 

22 than the amount the county would otherwise receive 

23 if the amount distributed under this paragraph were 

24 allocated to metropolitan cities and urban counties 

25 under section 106(b) of the Housing and Community 
47 

•HR 925 EAH 

1 Development Act of 1974 (42 U.S.C. 5306(b)): Pro2 vided further, That in the case of an amount to be 

3 paid to a county that is not a unit of general local 

4 government, the amount shall instead be paid to the 

5 State in which such county is located, and such State 

6 shall distribute such amount to units of general local 

7 government within such county in an amounts that 

8 bear the same proportion as the population of such 

9 units of general local government bear to the total 

10 population of such county: Provided further, That for 

11 purposes of this paragraph, the District of Columbia 

12 shall be considered to consist of a single county that 

13 is a unit of general local government: 

14 Provided further, That any entity receiving a payment 

15 from funds made available under this heading in this Act 

16 shall only use such amounts to respond to, mitigate, cover 

17 costs or replace foregone revenues not projected on January 

18 31, 2020 stemming from the public health emergency, or 

19 its negative economic impacts, with respect to the 

20 Coronavirus Disease (COVID–19): Provided further, That 

21 if the Inspector General of the Department of the Treasury 

22 determines that an entity receiving a payment from 

23 amounts provided under this heading has failed to comply 

24 with the preceding proviso, the amount equal to the amount 

25 of funds used in violation of such proviso shall be booked 
48 

•HR 925 EAH 

1 as a debt of such entity owed to the Federal Government, 

2 and any amounts recovered shall be deposited into the gen3 eral fund of the Treasury as discretionary offsetting re4 ceipts: Provided further, That for purposes of the preceding 

5 provisos under this heading in this Act, the population of 

6 each entity described in any such proviso shall be deter7 mined based on the most recent year for which data are 

8 available from the Bureau of the Census, or in the case of 

9 an Indian tribe, shall be determined based on data certified 

10 by the Tribal government: Provided further, That an entity 

11 receiving a payment from amounts provided under this 

12 heading may transfer funds to a private nonprofit organi13 zation (as that term is defined in paragraph (17) of section 

14 401 of the McKinney-Vento Homeless Assistance Act (42 

15 U.S.C. 11360(17)), or to a special-purpose unit of local gov16 ernment or a multi-state entity involved in the transpor17 tation of passengers or cargo: Provided further, That noth18 ing in paragraph (1) or (2) shall be construed as prohib19 iting a unit of general local government that has formed 

20 a consolidated government, or that is geographically con21 tained (in full or in part) within the boundaries of another 

22 unit of general local government from receiving a distribu23 tion under each of subparagraphs (A) and (B) under para24 graph (1) or under paragraph (2), as applicable, based on 

25 the respective formulas specified contained therein: Pro-
49 

•HR 925 EAH 

1 vided further, That the amounts otherwise determined for 

2 distribution to units of local government under each of sub3 paragraphs (A) and (B) under paragraph (1) and under 

4 paragraph (2) shall each be adjusted by the Secretary of 

5 the Treasury on a pro rata basis to the extent necessary 

6 to comply with the amount appropriated and the require7 ments specified in each paragraph and subparagraph, as 

8 applicable: Provided further, That as used under this head9 ing in this Act, the term ‘‘county’’ means a county, parish, 

10 or other equivalent county division (as defined by the Bu11 reau of the Census): Provided further, That for purposes of 

12 the preceding provisos under this heading in this Act, the 

13 population of an entity shall be determined based on the 

14 most recent year for which data are available from the Bu15 reau of the Census: Provided further, That such amount is 

16 designated by Congress as being for an emergency require17 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985. 

19 COVID-19 MULTI-STATE AGENCY FISCAL RELIEF FUND

20 For making payments to multi-State entities that are 

21 involved in the transportation of passengers or cargo and 

22 are suffering revenue losses due to the Coronavirus Disease 

23 2019 (COVID–19) pandemic, $100,000,000, to remain 

24 available until expended, which shall be in addition to any 

25 other amounts available for making payments to States, 
50 

•HR 925 EAH 

1 metropolitan cities, counties, and other units of state and 

2 general local government (including payments made under 

3 section 601 of the Social Security Act), and which shall be 

4 paid directly to multi-State entities (as that term is used 

5 in 15 U.S.C. 9041(10)(D)) for use by multi-State entities: 

6 Provided, That the funds provided under this paragraph 

7 shall be allocated to a multi-State entity that is an eligible 

8 issuer and multi-State entity under the terms set forth by 

9 the Federal Reserve on June 3, 2020 for the Municipal Li10 quidity Facility established by the Board of Governors of 

11 the Federal Reserve System: Provided further, That such 

12 amounts shall be allocated by the Secretary of the Treasury 

13 proportionally to each multi-State entity covered under this 

14 paragraph based on an amount equal to the product ob15 tained by multiplying the total amount appropriated to the 

16 Secretary under this paragraph and the quotient obtained 

17 by dividing— 

18 (1) the total gross operating revenue of the multi19 State entity receiving funds for fiscal year 2018; by 

20 (2) the total gross operating revenue for fiscal 

21 year 2018 of all multi-State entities that are eligible 

22 to receive funds under this paragraph: 

23 Provided further, That neither a State nor local government 

24 may serve as a pass-through for any amounts received by 

25 a multi-State entity: Provided further, That such sums shall 
51 

•HR 925 EAH 

1 be distributed directly by the Secretary to each multi-State 

2 entity not later than December 31, 2020: Provided further, 

3 That such amount is designated by the Congress as being 

4 for an emergency requirement pursuant to section 

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985. 

7 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

8 FUND PROGRAM ACCOUNT

9 For an additional amount for the ‘‘Community Devel10 opment Financial Institutions Fund Program Account’’, 

11 $1,000,000,000, to prevent, prepare for, and respond to 

12 coronavirus, domestically or internationally: Provided, 

13 That the Community Development Financial Institutions 

14 Fund (CDFI) shall provide grants using a formula that 

15 takes into account criteria such as certification status, fi16 nancial and compliance performance, portfolio and balance 

17 sheet strength, and program capacity: Provided further, 

18 That not less than $25,000,000 shall be for financial assist19 ance, technical assistance, and training and outreach pro20 grams designed to benefit Native American, Native Hawai21 ian, and Alaska Native communities: Provided further, 

22 That the CDFI Fund shall make funds provided under this 

23 heading in this Act available to grantees not later than 60 

24 days after the date of enactment of this Act: Provided fur25 ther, That funds made available under this heading may 
52 

•HR 925 EAH 

1 be used for administrative expenses, including administra2 tion of CDFI Fund programs and the New Markets Tax 

3 Credit Program: Provided further, That such amount is des4 ignated by the Congress as being for an emergency require5 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

6 Budget and Emergency Deficit Control Act of 1985. 

7 ADMINISTRATIVE PROVISION—INTERNAL REVENUE

8 SERVICE

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 501. For an additional amount for fiscal year 

11 2021, and in addition to the amounts otherwise available 

12 to the Internal Revenue Service for the purposes specified 

13 in this section, $359,000,000, to prevent, prepare for, and 

14 respond to coronavirus, including for costs associated with 

15 the extended filing season: Provided, That such funds may 

16 be transferred by the Commissioner to the ‘‘Taxpayer Serv17 ices’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ accounts of 

18 the Internal Revenue Service for an additional amount to 

19 be used solely to prevent, prepare for, and respond to 

20 coronavirus, domestically or internationally: Provided fur21 ther, That the Committees on Appropriations of the House 

22 of Representatives and the Senate shall be notified in ad23 vance of any such transfer: Provided further, That such 

24 transfer authority is in addition to any other transfer au25 thority provided by law: Provided further, That not later 
53 

•HR 925 EAH 

1 than 30 days after the date of enactment of this Act, the 

2 Commissioner shall submit to the Committees on Appro3 priations of the House of Representatives and the Senate 

4 a spending plan and subsequent quarterly reports detailing 

5 the actual and expected expenditures of such funds: Pro6 vided further, That such amount is designated by the Con7 gress as being for an emergency requirement pursuant to 

8 section 251(b)(2)(A)(i) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985. 

10 THE JUDICIARY 

11 COURT OF APPEALS, DISTRICT COURTS, AND OTHER

12 JUDICIAL SERVICES

13 SALARIES AND EXPENSES

14 For an additional amount for ‘‘Salaries and Ex15 penses’’, $25,000,000, to prevent, prepare for, and respond 

16 to coronavirus, domestically or internationally: Provided, 

17 That such amount is designated by the Congress as being 

18 for an emergency requirement pursuant to section 

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 
54 

•HR 925 EAH 

1 INDEPENDENT AGENCIES 

2 ELECTION ASSISTANCE COMMISSION

3 ELECTION RESILIENCE GRANTS

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for payments by the Elec6 tion Assistance Commission to States for contingency plan7 ning, preparation, and resilience of elections for Federal of8 fice, $3,600,000,000: Provided, That of the amount provided 

9 under this heading, up to $5,000,000 may be transferred 

10 to and merged with ‘‘Election Assistance Commission—Sal11 aries and Expenses’’: Provided further, That such transfer 

12 authority is in addition to any other transfer authority 

13 provided by law: Provided further, That under this heading 

14 the term ‘‘State’’ means each of the 50 States, the District 

15 of Columbia, the Commonwealth of Puerto Rico, Guam, 

16 American Samoa, the United States Virgin Islands, and 

17 the Commonwealth of the Northern Mariana Islands: Pro18 vided further, That the amount of the payments made to 

19 a State under this heading shall be consistent with sections 

20 101(d) and 103 of the Help America Vote Act of 2002 (52 

21 U.S.C. 20903): Provided further, That not later than 30 

22 days after the date of enactment of this Act, the Election 

23 Assistance Commission shall obligate the funds to States 

24 under this heading in this Act: Provided further, That not 

25 less than 50 percent of the amount of the payment made 
55 

•HR 925 EAH 

1 to a State under this heading in this Act shall be allocated 

2 in cash or in kind to the units of local government which 

3 are responsible for the administration of elections for Fed4 eral office in the State: Provided further, That such amount 

5 is designated by the Congress as being for an emergency 

6 requirement pursuant to section 251(b)(2)(A)(i) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985. 

8 ADMINISTRATIVE PROVISION—ELECTION ASSISTANCE

9 COMMISSION

10 SEC. 502. (a) The last proviso under the heading 

11 ‘‘Election Assistance Commission—Election Security 

12 Grants’’ in the Financial Services and General Government 

13 Appropriations Act, 2020 (division C of Public Law 116– 

14 93; 133 Stat. 2461) shall not apply with respect to any 

15 payment made to a State using funds appropriated or oth16 erwise made available to the Election Assistance Commis17 sion under the Coronavirus Aid, Relief, and Economic Se18 curity Act (Public Law 116–136). 

19 (b) The first proviso under the heading ‘‘Election As20 sistance Commission—Election Security Grants’’ in the 

21 Coronavirus Aid, Relief, and Economic Security Act (Pub22 lic Law 116–136) is amended by striking ‘‘within 20 days 

23 of each election in the 2020 Federal election cycle in that 

24 State,’’ and inserting ‘‘not later than October 30, 2021,’’. 
56 

•HR 925 EAH 

1 (c) The fourth proviso under the heading ‘‘Election As2 sistance Commission—Election Security Grants’’ in the 

3 Coronavirus Aid, Relief, and Economic Security Act (Pub4 lic Law 116–136) is amended by striking ‘‘December 31, 

5 2020’’ and inserting ‘‘September 30, 2021’’. 

6 (d) A State may elect to reallocate funds allocated 

7 under the heading ‘‘Election Assistance Commission—Elec8 tion Security Grants’’ in the Coronavirus Aid, Relief, and 

9 Economic Security Act (Public Law 116–136) or under this 

10 heading in this Act as funds allocated under the heading 

11 ‘‘Election Assistance Commission—Election Security 

12 Grants’’ in the Financial Services and General Government 

13 Appropriations Act, 2020 (division C of Public Law 116– 

14 93; 133 Stat. 2461) that were spent to prevent, prepare for, 

15 and respond to coronavirus, domestically or internation16 ally, for the 2020 Federal election cycle; or funds allocated 

17 under the heading ‘‘Election Assistance Commission—Elec18 tion Reform Program’’ in the Financial Services and Gov19 ernment Appropriations Act, 2018 (division E of Public 

20 Law 115–141) that were spent to prevent, prepare for, and 

21 respond to coronavirus, domestically or internationally, for 

22 the 2020 Federal election cycle. 

23 (e) This section shall take effect as if included in the 

24 enactment of the Coronavirus Aid, Relief, and Economic 

25 Security Act (Public Law 116–136). 
57 

•HR 925 EAH 

1 (f) The amounts repurposed pursuant to this section 

2 that were previously designated by the Congress as an emer3 gency requirement pursuant to the Balanced Budget and 

4 Emergency Deficit Control Act of 1985 are designated by 

5 the Congress as an emergency requirement pursuant to sec6 tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 FEDERAL COMMUNICATIONS COMMISSION

9 SALARIES AND EXPENSES

10 For an additional amount for ‘‘Salaries and Ex11 penses’’, $24,000,000, for implementing title VIII of the 

12 Communications Act of 1934 (47 U.S.C. 641 et seq.), as 

13 added by the Broadband DATA Act (Public Law 116–130): 

14 Provided, That such amount is designated by the Congress 

15 as being for an emergency requirement pursuant to section 

16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 For an additional amount for ‘‘Salaries and Ex19 penses’’, $200,000,000, to remain available until expended, 

20 to prevent, prepare for, and respond to coronavirus, domes21 tically or internationally, including to support efforts of 

22 health care providers to address coronavirus by providing 

23 telecommunications services, information services, and de24 vices necessary to enable the provision of telehealth services 

25 during an emergency period, as defined in section 
58 

•HR 925 EAH 

1 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b2 5(g)(1)): Provided, That the Federal Communications Com3 mission may rely on the rules of the Commission under part 

4 54 of title 47, Code of Federal Regulations, in admin5 istering the amount provided under the heading in this Act 

6 if the Commission determines that such administration is 

7 in the public interest: Provided further, That up to 

8 $4,000,000 shall be used by the Office of Inspector General 

9 to audit and conduct investigations of funds made available 

10 in this Act or in the Coronavirus Aid, Relief, and Economic 

11 Security Act (Public Law 116–136) to the Federal Commu12 nications Commission for the provision of telehealth services 

13 during an emergency period, and that the Office of Inspec14 tor General shall report to the Committees on Appropria15 tions of the House of Representatives and the Senate, the 

16 Committee on Energy and Commerce of the House of Rep17 resentatives, and the Committee on Commerce, Science, and 

18 Transportation of the Senate each month, until all emer19 gency telehealth funding has been obligated, on the status 

20 of approved applications, pending applications, and re21 jected applications for such funding, and on recommenda22 tions to improve the transparency and fairness of distribu23 tion of such funding: Provided further, That such amount 

24 is designated by the Congress as being for an emergency 
59 

•HR 925 EAH 

1 requirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 EMERGENCY CONNECTIVITY FUND

4 For an additional amount for the ‘‘Emergency 

5 Connectivity Fund’’, $12,000,000,000, to remain available 

6 until September 30, 2022, to prevent, prepare for, and re7 spond to coronavirus, domestically or internationally, 

8 through the provision of funding for Wi-fi hotspots, other 

9 equipment, connected devices, and advanced telecommuni10 cations and information services to schools and libraries as 

11 authorized in section 201 of division M of this Act: Pro12 vided, That such amount is designated by the Congress as 

13 being for an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 EMERGENCY BROADBAND CONNECTIVITY FUND

17 For an additional amount for the ‘‘Emergency 

18 Broadband Connectivity Fund’’, $3,000,000,000, to prevent, 

19 prepare for, and respond to coronavirus, domestically or 

20 internationally, through the provision of an emergency ben21 efit for broadband service as authorized in section 301 of 

22 division M of this Act: Provided, That such amount is des23 ignated by the Congress as being for an emergency require24 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

25 Budget and Emergency Deficit Control Act of 1985. 
60 

•HR 925 EAH 

1 GENERAL SERVICES ADMINISTRATION

2 TECHNOLOGY MODERNIZATION FUND

3 For an additional amount for the ‘‘Technology Mod4 ernization Fund’’, $1,000,000,000, to remain available 

5 until September 30, 2022, for technology-related moderniza6 tion activities to prevent, prepare for, and respond to 

7 coronavirus, domestically or internationally: Provided, 

8 That such amount is designated by the Congress as being 

9 for an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

13 RECORDS CENTER REVOLVING FUND

14 For an additional amount for the ‘‘Records Center Re15 volving Fund’’ for the Federal Record Centers Program, 

16 $92,000,000, to prevent, prepare for, and respond to 

17 coronavirus, domestically or internationally, which shall be 

18 for offsetting the loss resulting from the coronavirus pan19 demic of the user charges collected by such Fund pursuant 

20 to subsection (c) under the heading ‘‘Records Center Revolv21 ing Fund’’ in Public Law 106–58, as amended (44 U.S.C. 

22 2901 note): Provided, That the amount provided under this 

23 heading in this Act may be used to reimburse the Fund 

24 for obligations incurred for this purpose prior to the date 

25 of the enactment of this Act: Provided further, That such 
61 

•HR 925 EAH 

1 amount is provided without regard to the limitation in sub2 section (d) under the heading ‘‘Records Center Revolving 

3 Fund’’ in Public Law 106–58, as amended (44 U.S.C. 2901 

4 note): Provided further, That such amount is designated by 

5 the Congress as being for an emergency requirement pursu6 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 OFFICE OF PERSONNEL MANAGEMENT

9 OFFICE OF INSPECTOR GENERAL

10 SALARIES AND EXPENSES

11 For an additional amount for ‘‘Salaries and Ex12 penses’’, $1,000,000, to remain available until expended to 

13 prevent, prepare for, and respond to coronavirus, domesti14 cally or internationally: Provided, That such amount is 

15 designated by the Congress as being for an emergency re16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 SMALL BUSINESS ADMINISTRATION

19 EMERGENCY EIDL GRANTS

20 For an additional amount for ‘‘Emergency EIDL 

21 Grants’’ for the cost of emergency EIDL grants authorized 

22 by section 1110 of division A of the CARES Act (Public 

23 Law 116–136), $50,000,000,000, to remain available until 

24 expended, to prevent, prepare for, and respond to 

25 coronavirus, domestically or internationally: Provided, 
62 

•HR 925 EAH 

1 That of the amount provided under this heading in this 

2 Act, $40,000,000,000 shall be for carrying out subsection 

3 (i) of such section 1110: Provided further, That such 

4 amount is designated by the Congress as being for an emer5 gency requirement pursuant to section 251(b)(2)(A)(i) of 

6 the Balanced Budget and Emergency Deficit Control Act 

7 of 1985. 

8 ADMINISTRATIVE PROVISION—SMALL BUSINESS

9 ADMINISTRATION

10 SEC. 503. For fiscal year 2021, commitments for gen11 eral business loans authorized under paragraphs (1) 

12 through (35) of section 7(a) of the Small Business Act (15 

13 U.S.C. 636(a)) shall not exceed $75,000,000,000 for a com14 bination of amortizing term loans and the aggregated max15 imum line of credit provided by revolving loans. 

16 UNITED STATES POSTAL SERVICE

17 PAYMENT TO POSTAL SERVICE FUND

18 For an additional payment to the ‘‘Postal Service 

19 Fund’’, for revenue forgone due to coronavirus, 

20 $15,000,000,000, to remain available until September 30, 

21 2022: Provided, That the Postal Service, during the 

22 coronavirus emergency, shall prioritize the purchase of, and 

23 make available to all Postal Service employees and facili24 ties, personal protective equipment, including gloves, masks, 

25 and sanitizers, and shall conduct additional cleaning and 
63 

•HR 925 EAH 

1 sanitizing of Postal Service facilities and delivery vehicles: 

2 Provided further, That such amount is designated by the 

3 Congress as being for an emergency requirement pursuant 

4 to section 251(b)(2)(A)(i) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985. 

6 OFFICE OF INSPECTOR GENERAL

7 SALARIES AND EXPENSES

8 For an additional amount for ‘‘Salaries and Ex9 penses’’, $15,000,000, to remain available until expended, 

10 to prevent, prepare for, and respond to coronavirus, domes11 tically or internationally: Provided, That such amount is 

12 designated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985. 

15 GENERAL PROVISIONS—THIS TITLE 

16 SEC. 504. (a) OVERSIGHT OF COVERED FUNDS.—The 

17 matter preceding the first proviso under the heading ‘‘Inde18 pendent Agencies—Pandemic Response Accountability 

19 Committee’’ in title V of division B of the CARES Act 

20 (Public Law 116–136) is amended by striking ‘‘funds pro21 vided in this Act to prevent, prepare for, and respond to 

22 coronavirus, domestically or internationally’’ and inserting 

23 ‘‘ ‘covered funds’, as that term is defined in section 15010 

24 of this Act’’. 
64 

•HR 925 EAH 

1 (b) DEFINITION OF COVERED FUNDS.—Section 

2 15010(a)(6) of division B of the Coronavirus, Aid, Relief, 

3 and Economic Security Act (Public Law 116–136) is 

4 amended— 

5 (1) in subparagraph (A), by striking ‘‘this Act’’ 

6 and inserting ‘‘the Coronavirus Aid, Relief, and Eco7 nomic Security Act (divisions A and B) (Public Law 

8 116–136)’’; and 

9 (2) by striking subparagraph (D) and inserting: 

10 ‘‘(D) the Paycheck Protection Program and 

11 Health Care Enhancement Act (Public Law 

12 116–139); 

13 ‘‘(E) all divisions of this Act; or 

14 ‘‘(F) The Heroes Act; and’’. 

15 (c) APPOINTMENT OF CHAIRPERSON.—Section 

16 15010(c) of division B of the Coronavirus Aid, Relief, and 

17 Economic Security Act (Public Law 116–136) is amend18 ed— 

19 (1) in paragraph (1), by striking ‘‘and (D)’’ and 

20 inserting ‘‘(D), and (E)’’; and 

21 (2) in paragraph (2)(E), by inserting ‘‘of the 

22 Council’’ after ‘‘Chairperson’’. 

23 (d) RETROACTIVE REPORTING ON LARGE COVERED

24 FUNDS.— 
65 

•HR 925 EAH 

1 (1) DEFINITIONS.—In this subsection, the terms 

2 ‘‘agency’’ and ‘‘large covered funds’’ have the mean3 ings given those terms in section 15011 of division B 

4 of the Coronavirus, Aid, Relief, and Economic Secu5 rity Act (Public Law 116–136). 

6 (2) GUIDANCE.— 

7 (A) IN GENERAL.—Not later than 14 days 

8 after the date of enactment of this Act, the Direc9 tor of the Office of Management and Budget shall 

10 issue guidance for agencies to ensure the collec11 tion and timely reporting for the obligation and 

12 expenditure of large covered funds under division 

13 A of the CARES Act (Public Law 116–136) on 

14 and after the date of enactment of that Act. 

15 (B) REQUIREMENT.—The guidance issued 

16 under subparagraph (A) shall require that, not 

17 later than 120 days after the date of enactment 

18 of this Act, agencies shall make all reports re19 quired under section 15011 of division B of the 

20 CARES Act (Public Law 116–136) relating to 

21 large covered funds under division A of such Act 

22 that have been expended or obligated during the 

23 period beginning on the date of enactment of the 

24 CARES Act (Public Law 116–136) and ending 
66 

•HR 925 EAH 

1 on the day before the date of enactment of this 

2 Act. 

3 (C) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection shall be construed to affect the 

5 deadlines for reporting under section 15011 of 

6 division B of the CARES Act (Public Law 116– 

7 136) relating to large covered funds that have 

8 been expended or obligated under divisions A or 

9 B of such Act, on or after the date of enactment 

10 of this Act. 

11 (c) DESIGNATION.—Amounts repurposed under this 

12 section that were previously designated by the Congress, re13 spectively, as an emergency requirement or as being for dis14 aster relief pursuant to the Balanced Budget and Emer15 gency Deficit Control Act are designated by the Congress 

16 as being for an emergency requirement pursuant to section 

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985 or as being for disaster relief 

19 pursuant to section 251(b)(2)(D) of the Balanced Budget 

20 and Emergency Deficit Control Act of 1985. 

21 SEC. 505. Title V of division B of the CARES Act 

22 (Public Law 116–136) is amended by striking the fifth pro23 viso under the heading ‘‘General Services Administration— 

24 Real Property Activities—Federal Buildings Fund’’: Pro25 vided, That the amounts repurposed pursuant to this sec-
67 

•HR 925 EAH 

1 tion that were previously designated by the Congress as an 

2 emergency requirement pursuant to the Balanced Budget 

3 and Emergency Deficit Control Act of 1985 are designated 

4 by the Congress as an emergency requirement pursuant to 

5 section 251(b)(2)(A)(i) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985. 

7 TITLE VI 

8 HOMELAND SECURITY 

9 OFFICE OF INSPECTOR GENERAL

10 OPERATIONS AND SUPPORT

11 For an additional amount for ‘‘Operations and Sup12 port’’, $3,000,000, for oversight of activities supported by 

13 funds provided under ‘‘Federal Emergency Management 

14 Agency—Disaster Relief Fund’’ in title VI of division B 

15 of Public Law 116–136, in addition to amounts otherwise 

16 available for such purposes: Provided, That such amount 

17 is designated by the Congress as being for an emergency 

18 requirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 FEDERAL EMERGENCY MANAGEMENT AGENCY

21 FEDERAL ASSISTANCE

22 For an additional amount for ‘‘Federal Assistance’’, 

23 $1,300,000,000, to prevent, prepare for, and respond to 

24 coronavirus, of which $500,000,000 shall be for Assistance 

25 to Firefighter Grants for the purchase of personal protective 
68 

•HR 925 EAH 

1 equipment and related supplies, mental health evaluations, 

2 training, and temporary infectious disease de-contamina3 tion or sanitizing facilities and equipment; of which 

4 $500,000,000 shall be for Staffing for Adequate Fire and 

5 Emergency Response Grants; of which $100,000,000 shall 

6 be for Emergency Management Performance Grants; and 

7 of which $200,000,000 shall be for the Emergency Food and 

8 Shelter Program: Provided, That such amount is designated 

9 by the Congress as being for an emergency requirement pur10 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 GENERAL PROVISIONS—THIS TITLE 

13 SEC. 601. Notwithstanding any other provision of law, 

14 funds made available in this Act for ‘‘Federal Emergency 

15 Management Agency—Federal Assistance’’ in this Act shall 

16 only be used for the purposes specifically described under 

17 that heading. 

18 SEC. 602. (a) Subsections (c)(2) and (k) of section 33 

19 of the Federal Fire Prevention and Control Act of 1974 (15 

20 U.S.C. 2229) shall not apply to amounts appropriated for 

21 ‘‘Federal Emergency Management Agency—Federal Assist22 ance’’ for Assistance to Firefighter Grants in this Act. 

23 (b) Subsection (k) of section 33 of the Federal Fire Pre24 vention and Control Act of 1974 (15 U.S.C. 2229) shall not 

25 apply to amounts provided for ‘‘Federal Emergency Man-
69 

•HR 925 EAH 

1 agement Agency—Federal Assistance’’ for Assistance to 

2 Firefighter Grants in title III of division D of Public Law 

3 116–93 and in title VI of division B of Public Law 116– 

4 136. 

5 (c) Amounts repurposed under this section that were 

6 previously designated by the Congress as an emergency re7 quirement or as being for disaster relief pursuant to the 

8 Balanced Budget and Emergency Deficit Control Act are 

9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985 

12 or as being for disaster relief pursuant to section 

13 251(b)(2)(D) of the Balanced Budget and Emergency Def14 icit Control Act of 1985. 

15 SEC. 603. Subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), 

16 (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire 

17 Prevention and Control Act of 1974 (15 U.S.C. 2229a) shall 

18 not apply to amounts appropriated for ‘‘Federal Emergency 

19 Management Agency—Federal Assistance’’ for Staffing for 

20 Adequate Fire and Emergency Response Grants in this Act 

21 and in division D, title III of the Consolidated Appropria22 tions Act, 2020 (Public Law 116–93). 
70 

•HR 925 EAH 

1 TITLE VII 

2 INTERIOR, ENVIRONMENT, AND RELATED 

3 AGENCIES 

4 DEPARTMENT OF THE INTERIOR 

5 UNITED STATES FISH AND WILDLIFE SERVICE

6 RESOURCE MANAGEMENT

7 For an additional amount for ‘‘Resource Manage8 ment’’, $45,000,000, of which $15,000,000 shall be for wild9 life inspections, interdictions, and investigations and for 

10 domestic and international efforts to address wildlife traf11 ficking; and of which $30,000,000 shall be for the care of 

12 captive species listed under the Endangered Species Act, 

13 rescued and confiscated wildlife, and other Federally-owned 

14 animals in facilities experiencing lost revenues due to the 

15 coronavirus: Provided, That such amount is designated by 

16 the Congress as being for an emergency requirement pursu17 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 NATIONAL PARK SERVICE

20 NATIONAL RECREATION AND PRESERVATION

21 For an additional amount for ‘‘National Recreation 

22 and Preservation’’, $20,000,000 for grants as authorized by 

23 the 9/11 Memorial Act (Public Law 115–413), to prevent, 

24 prepare for, and respond to coronavirus. Provided, That 

25 such amount is designated by the Congress as being for an 
71 

•HR 925 EAH 

1 emergency requirement pursuant to section 251(b)(2)(A)(i) 

2 of the Balanced Budget and Emergency Deficit Control Act 

3 of 1985. 

4 BUREAU OF INDIAN AFFAIRS

5 OPERATION OF INDIAN PROGRAMS

6 For an additional amount for ‘‘Operation of Indian 

7 Programs’’, $900,000,000, to prevent, prepare for, and re8 spond to coronavirus, of which— 

9 (1) $100,000,000 shall be for housing improve10 ment; 

11 (2) $780,000,000 shall be for providing Tribal 

12 government services, for Tribal government employee 

13 salaries to maintain operations, and cleaning and 

14 sanitization of Tribally owned and operated facilities; 

15 and 

16 (3) $20,000,000 shall be used to provide and de17 liver potable water: 

18 Provided, That none of the funds appropriated herein shall 

19 be obligated until 3 days after the Bureau of Indian Affairs 

20 provides a detailed spend plan, which includes distribution 

21 and use of funds by Tribe, to the Committees on Appropria22 tions of the House of Representatives and the Senate: Pro23 vided further, That such amounts shall be in addition to 

24 any other amounts available for such purposes: Provided 

25 further, That the Bureau shall notify the Committees on 
72 

•HR 925 EAH 

1 Appropriations of the House of Representatives and the 

2 Senate quarterly on the obligations and expenditures of the 

3 funds provided by this Act: Provided further, That assist4 ance received herein shall not be included in the calculation 

5 of funds received by those Tribal governments who partici6 pate in the ‘‘Small and Needy’’ program: Provided further, 

7 That such amounts, if transferred to Indian Tribes and 

8 Tribal organizations under the Indian Self-Determination 

9 and Education Assistance Act (1) will be transferred on a 

10 one-time basis, (2) are non-recurring funds that are not 

11 part of the amount required by 25 U.S.C. 5325, and (3) 

12 may only be used for the purposes identified under this 

13 heading in this Act, notwithstanding any other provision 

14 of law: Provided further, That section 1308 of this Act shall 

15 not apply to tribal contracts entered into by the Bureau 

16 of Indian Affairs with this appropriation: Provided further, 

17 That such amount is designated by the Congress as being 

18 for an emergency requirement pursuant to section 

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 DEPARTMENTAL OFFICES

22 INSULAR AFFAIRS

23 ASSISTANCE TO TERRITORIES

24 For an additional amount for ‘‘Assistance to Terri25 tories’’, $1,000,000,000, to remain available until expended, 
73 

•HR 925 EAH 

1 to prevent, prepare for, respond to, and recover from 

2 coronavirus, of which (1) $993,000,000 is for Capital Im3 provement Project grants for hospitals and other critical in4 frastructure; and (2) $7,000,000 is for territorial assistance, 

5 including general technical assistance: Provided, That any 

6 appropriation for disaster assistance under this heading in 

7 this Act or previous appropriations Acts may be used as 

8 non-Federal matching funds for the purpose of hazard miti9 gation grants provided pursuant to section 404 of the Rob10 ert T. Stafford Disaster Relief and Emergency Assistance 

11 Act (42 U.S.C. 5170c): Provided further, That amounts 

12 repurposed pursuant to this section that were previously 

13 designated by the Congress as an emergency requirement 

14 pursuant to the Balanced Budget and Emergency Deficit 

15 Control Act of 1985 are designated by the Congress as an 

16 emergency requirement pursuant to section 251(b)(2)(A)(i) 

17 of the Balanced Budget and Emergency Deficit Control Act 

18 of 1985: Provided further, That such amount is designated 

19 by the Congress as being for an emergency requirement pur20 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

21 Emergency Deficit Control Act of 1985. 

22 OFFICE OF INSPECTOR GENERAL

23 SALARIES AND EXPENSES

24 For an additional amount for ‘‘Salaries and Ex25 penses’’, $5,000,000, to remain available until expended: 
74 

•HR 925 EAH 

1 Provided, That such amount is designated by the Congress 

2 as being for an emergency requirement pursuant to section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 ENVIRONMENTAL PROTECTION AGENCY

6 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

7 For an additional amount for ‘‘Environmental Pro8 grams and Management’’, $50,000,000, for environmental 

9 justice grants as described in section 302 of division U of 

10 this Act: Provided, That such amounts shall be in addition 

11 to any other amounts available for such purposes: Provided 

12 further, That such amount is designated by the Congress 

13 as being for an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 DEPARTMENT OF HEALTH AND HUMAN 

17 SERVICES 

18 INDIAN HEALTH SERVICE

19 INDIAN HEALTH SERVICES

20 For an additional amount for ‘‘Indian Health Serv21 ices’’, $1,734,000,000, to remain available until expended, 

22 to prevent, prepare for, respond to, and provide health serv23 ices related to coronavirus, of which— 

24 (1) $1,000,000,000 shall be used to supplement 

25 reduced third party revenue collections; 
75 

•HR 925 EAH 

1 (2) $500,000,000 shall be used for direct health 

2 and telehealth services, including to purchase supplies 

3 and personal protective equipment; 

4 (3) $140,000,000 shall be used to expand 

5 broadband infrastructure and information technology 

6 for telehealth and electronic health record system pur7 poses; 

8 (4) $20,000,000 shall be used to address the 

9 needs of domestic violence victims and homeless indi10 viduals and families; 

11 (5) not less than $64,000,000 shall be for Urban 

12 Indian Organizations; and, 

13 (6) not less than $10,000,000 shall be used to 

14 provide and deliver potable water: 

15 Provided, That such funds shall be allocated at the discre16 tion of the Director of the Indian Health Service, and shall 

17 be in addition to any other amounts available for such pur18 poses: Provided further, That such amounts, if transferred 

19 to Tribes and Tribal organizations under the Indian Self20 Determination and Education Assistance Act, will be trans21 ferred on a one-time basis and that these non-recurring 

22 funds are not part of the amount required by section 106 

23 of the Indian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 5325), and that such amounts may only 

25 be used for the purposes identified under this heading not-
76 

•HR 925 EAH 

1 withstanding any other provision of law: Provided further, 

2 That none of the funds appropriated under this heading 

3 in this Act for telehealth broadband activities shall be avail4 able for obligation until 3 days after the Indian Health 

5 Service provides to the Committees on Appropriations of 

6 the House of Representatives and the Senate, a detailed 

7 spend plan that includes the cost, location, and expected 

8 completion date of each activity: Provided further, That the 

9 Indian Health Service shall notify the Committees on Ap10 propriations of the House of Representatives and the Senate 

11 quarterly on the obligations and expenditures of the funds 

12 provided by this Act: Provided further, That section 1308 

13 of this Act shall not apply to tribal contracts entered into 

14 by the Bureau of Indian Affairs with this appropriation: 

15 Provided further, That such amount is designated by the 

16 Congress as being for an emergency requirement pursuant 

17 to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 INDIAN HEALTH FACILITIES

20 For an additional amount for ‘‘Indian Health Facili21 ties’’, $600,000,000, to prevent, prepare for, and respond 

22 to coronavirus, to modify existing health facilities to pro23 vide isolation or quarantine space, to purchase and install 

24 updated equipment necessary, and for maintenance and im25 provement projects necessary to the purposes specified in 
77 

•HR 925 EAH 

1 this Act: Provided, That such amounts may be used to sup2 plement amounts otherwise available for such purposes 

3 under ‘‘Indian Health Facilities’’: Provided further, That 

4 such amounts shall be in addition to any other amounts 

5 available for such purposes: Provided further, That such 

6 amounts, if transferred to Tribes and Tribal organizations 

7 under the Indian Self-Determination and Education Assist8 ance Act, will be transferred on a one-time basis and that 

9 these non-recurring funds are not part of the amount re10 quired by section 106 of the Indian Self-Determination and 

11 Education Assistance Act (25 U.S.C. 5325), and that such 

12 amounts may only be used for the purposes identified under 

13 this heading notwithstanding any other provision of law: 

14 Provided further, That the Indian Health Service shall no15 tify the Committees on Appropriations of the House of Rep16 resentatives and the Senate quarterly on the obligations and 

17 expenditures of the funds provided by this Act: Provided 

18 further, That section 1308 of this Act shall not apply to 

19 tribal contracts entered into by the Bureau of Indian Af20 fairs with this appropriation: Provided further, That such 

21 amount is designated by the Congress as being for an emer22 gency requirement pursuant to section 251(b)(2)(A)(i) of 

23 the Balanced Budget and Emergency Deficit Control Act 

24 of 1985. 
78 

•HR 925 EAH 

1 NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

2 NATIONAL ENDOWMENT FOR THE ARTS

3 GRANTS AND ADMINISTRATION

4 For an additional amount for ‘‘Grants and Adminis5 tration’’, $135,000,000, for grants to respond to the impacts 

6 of coronavirus: Provided, That such funds are available 

7 under the same terms and conditions as grant funding ap8 propriated to this heading in Public Law 116–94: Provided 

9 further, That 40 percent of the funds made available under 

10 this heading in this Act shall be distributed to State arts 

11 agencies and regional arts organizations and 60 percent of 

12 such funds shall be for direct grants: Provided further, That 

13 notwithstanding any other provision of law, such funds 

14 may also be used by the recipients of such grants for pur15 poses of the general operations of such recipients: Provided 

16 further, That the matching requirements under subsections 

17 (e), (g)(4)(A), and (p)(3) of section 5 of the National Foun18 dation on the Arts and Humanities Act of 1965 (20 U.S.C. 

19 954) may be waived with respect to such grants: Provided 

20 further, That such amount is designated by the Congress 

21 as being for an emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 
79 

•HR 925 EAH 

1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For an additional amount for ‘‘Grants and Adminis4 tration’’, $135,000,000, for grants to respond to the impacts 

5 of coronavirus: Provided, That such funds are available 

6 under the same terms and conditions as grant funding ap7 propriated to this heading in Public Law 116–94: Provided 

8 further, That 40 percent of the funds made available under 

9 this heading in this Act shall be distributed to state human10 ities councils and 60 percent of such funds shall be for direct 

11 grants: Provided further, That notwithstanding any other 

12 provision of law, such funds may also be used by the recipi13 ents of such grants for purposes of the general operations 

14 of such recipients: Provided further, That the matching re15 quirements under subsection (h)(2)(A) of section 7 of the 

16 National Foundation on the Arts and Humanities Act of 

17 1965 may be waived with respect to such grants: Provided 

18 further, That such amount is designated by the Congress 

19 as being for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 
80 

•HR 925 EAH 

1 TITLE VIII 

2 DEPARTMENTS OF LABOR, HEALTH AND HUMAN 

3 SERVICES, AND EDUCATION, AND RELATED 

4 AGENCIES 

5 DEPARTMENT OF LABOR 

6 EMPLOYMENT AND TRAINING ADMINISTRATION

7 TRAINING AND EMPLOYMENT SERVICES

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Training and Employ10 ment Services’’, $2,140,000,000, to prevent, prepare for, and 

11 respond to coronavirus, of which $15,000,000 shall be trans12 ferred to ‘‘Program Administration’’ to carry out activities 

13 in this Act, Public Law 116–127 and Public Law 116–136 

14 for full-time equivalent employees, information technology 

15 upgrades needed to expedite payments and support imple16 mentation, including to expedite policy guidance and dis17 bursement of funds, technical assistance and other assist18 ance to States and territories to speed payment of Federal 

19 and State unemployment benefits, and of which the remain20 ing amounts shall be used to carry out activities under the 

21 Workforce Innovation and Opportunity Act (referred to in 

22 this Act as ‘‘WIOA’’) as follows: 

23 (1) $485,000,000 for grants to the States for 

24 adult employment and training activities, including 

25 incumbent worker trainings, transitional jobs, on-the- 
81 

•HR 925 EAH 

1 job training, individualized career services, sup2 portive services, needs-related payments, and to facili3 tate remote access to training services provided 

4 through a one-stop delivery system through the use of 

5 technology: Provided, That an adult shall not be re6 quired to meet the requirements of section 

7 134(c)(3)(B) of the WIOA: Provided further, That an 

8 adult who meets the requirements described in section 

9 2102(a)(3)(A) of Public Law 116–136 may be eligible 

10 for participation: Provided further, That priority 

11 may be given to individuals who are adversely im12 pacted by economic changes due to the coronavirus, 

13 including individuals seeking employment, dislocated 

14 workers, individuals with barriers to employment, in15 dividuals who are unemployed, or individuals who 

16 are underemployed; 

17 (2) $518,000,000 for grants to the States for 

18 youth activities, including supportive services, sum19 mer employment for youth, and to facilitate remote 

20 access to training services provided through a one21 stop delivery system through the use of technology: 

22 Provided, That individuals described in section 

23 2102(a)(3)(A) of Public Law 116–136 may be eligible 

24 for participation as an out-of-school youth if they 

25 meet the requirements of clauses (i) and (ii) of section 
82 

•HR 925 EAH 

1 129(a)(1)(B) or as in-school youth if they meet the re2 quirements of clauses (i) and (iii) of section 

3 129(a)(1)(C) of the WIOA; Provided further, That 

4 priority shall be given for out-of-school youth and 

5 youth with multiple barriers to employment: Provided 

6 further, That funds shall support employer partner7 ships for youth employment and subsidized employ8 ment, and partnerships with community-based orga9 nizations to support such employment; 

10 (3) $597,000,000 for grants to States for dis11 located worker employment and training activities, 

12 including incumbent worker trainings, transitional 

13 jobs, on-the-job training, individualized career serv14 ices, supportive services, needs-related payments, and 

15 to facilitate remote access to training services pro16 vided through a one-stop delivery system through the 

17 use of technology: Provided, That a dislocated worker 

18 shall not be required to meet the requirements of sec19 tion 134(c)(3)(B) of the WIOA: Provided further, 

20 That a dislocated worker who meets the requirements 

21 described in section 2102(a)(3)(A) of Public Law 

22 116–136 may be eligible for participation; 

23 (4) $500,000,000 for the dislocated workers as24 sistance national reserve; and 
83 

•HR 925 EAH 

1 (5) $25,000,000 for migrant and seasonal farm2 worker programs under section 167 of the WIOA, in3 cluding emergency supportive services of which no less 

4 than $500,000 shall be for the collection and dissemi5 nation of electronic and printed materials related to 

6 coronavirus to the migrant and seasonal farmworker 

7 population nationwide, including Puerto Rico, 

8 through a cooperative agreement, and of which 

9 $1,000,000 shall be for migrant and seasonal farm10 worker housing: 

11 Provided, That such amount is designated by the Congress 

12 as being for an emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

16 SERVICE OPERATIONS

17 For an additional amount for ‘‘State Unemployment 

18 Insurance and Employment Service Operations’’, 

19 $538,500,000, to prevent, prepare for, and respond to 

20 coronavirus, which may be expended from the Employment 

21 Security Administration Account in the Unemployment 

22 Trust Fund (‘‘The Trust Fund’’), of which: 

23 (1) $38,500,000 from the Trust Fund is for na24 tional activities necessary to support the administra-
84 

•HR 925 EAH 

1 tion of the Federal-State unemployment insurance 

2 system; and 

3 (2) $500,000,000 from the Trust Fund is for 

4 grants to States in accordance with section 6 of the 

5 Wagner-Peyser Act: 

6 Provided, That such amount is designated by the Congress 

7 as being for an emergency requirement pursuant to section 

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 WAGE AND HOUR DIVISION

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Wage and Hour Divi13 sion’’, $6,500,000 to prevent, prepare for, and respond to 

14 coronavirus, including for the administration, oversight, 

15 and coordination of worker protection activities related 

16 thereto: Provided, That the Secretary of Labor shall use 

17 funds provided under this heading to support enforcement 

18 activities and outreach efforts to make individuals, particu19 larly low-wage workers, aware of their rights under division 

20 C and division E of Public Law 116–127 and this Act: Pro21 vided further, That such amount is designated by the Con22 gress as being for an emergency requirement pursuant to 

23 section 251(b)(2)(A)(i) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985. 
85 

•HR 925 EAH 

1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Occupational Safety 

4 and Health Administration’’, $100,000,000 for implemen5 tation of section 202 of division B this Act, and for worker 

6 protection and enforcement activities to prevent, prepare 

7 for, and respond to coronavirus, of which $25,000,000 shall 

8 be for Susan Harwood training grants and at least 

9 $70,000,000 shall be to hire additional compliance safety 

10 and health officers, and for state plan enforcement, to pro11 tect workers from coronavirus by enforcing all applicable 

12 standards and directives, including 29 CFR 1910.132, 29 

13 CFR 1910.134, section 5(a)(1) of the Occupational Safety 

14 and Health Act of 1970, and 29 CFR 1910.1030: Provided, 

15 That activities to protect workers from coronavirus sup16 ported by funds provided under this heading includes addi17 tional enforcement of standards and directives referenced in 

18 the preceding proviso at slaughterhouses, poultry processing 

19 plants, and agricultural workplaces: Provided further, That 

20 within 15 days of the date of enactment of this Act, the 

21 Secretary of Labor shall submit a spending and hiring plan 

22 for the funds made available under this heading, and a 

23 monthly staffing report until all funds are expended, to the 

24 Committees on Appropriations of the House of Representa25 tives and the Senate: Provided further, That within 15 days 
86 

•HR 925 EAH 

1 of the date of enactment of this Act, the Secretary of Labor 

2 shall submit a plan for the additional enforcement activities 

3 described in the third proviso to the Committees on Appro4 priations of the House of Representatives and the Senate: 

5 Provided further, That such amount is designated by the 

6 Congress as being for an emergency requirement pursuant 

7 to section 251(b)(2)(A)(i) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 OFFICE OF INSPECTOR GENERAL

10 For an additional amount for ‘‘Office of Inspector 

11 General’’, $5,000,000, to remain available until expended, 

12 to prevent, prepare for, and respond to coronavirus. Pro13 vided, That such amount is designated by the Congress as 

14 being for an emergency requirement pursuant to section 

15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985. 

17 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF LABOR

18 SEC. 801. (a) There is hereby appropriated for an ad19 ditional amount for fiscal year 2021 for ‘‘Department of 

20 Labor—Employment Training Administration—State Un21 employment Insurance and Employment Service Oper22 ations’’, $28,600,000, to be expended from the Employment 

23 Security Administration Account in the Unemployment 

24 Trust Fund (‘‘the Trust Fund’’) to carry out title III of 

25 the Social Security Act: Provided, That such amount shall 
87 

•HR 925 EAH 

1 only become available for obligation if the Average Weekly 

2 Insured Unemployment (‘‘AWIU’’) for fiscal year 2021 is 

3 projected, by the Department of Labor during fiscal year 

4 2021 to exceed 1,728,000: Provided further, That to the ex5 tent that the AWIU for fiscal year 2021 is projected by the 

6 Department of Labor to exceed 1,728,000, an additional 

7 $28,600,000 from the Trust Fund shall be made available 

8 for obligation during fiscal year 2021 for every 100,000 in9 crease in the AWIU level (including a pro rata amount for 

10 any increment less than 100,000): Provided further, That, 

11 except as specified in this section, amounts provided herein 

12 shall be available under the same authority and conditions 

13 applicable to funds provided to carry out title III of the 

14 Social Security Act under the heading ‘‘Department of 

15 Labor—Employment Training Administration—State Un16 employment Insurance and Employment Service Oper17 ations’’ in division A of Public Law 116–94: Provided fur18 ther, That such amounts shall be in addition to any other 

19 funds made available in any fiscal year for such purposes: 

20 Provided further, That such amount is designated by the 

21 Congress as being for an emergency requirement pursuant 

22 to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 

24 (b)(1) Section 101(8) of the Continuing Appropria25 tions Act, 2021 (division A of H.R. 8337 of the 116th Con-
88 

•HR 925 EAH 

1 gress), is amended by inserting ‘‘except the first proviso fol2 lowing paragraph (6) under the heading ‘Department of 

3 Labor—State Unemployment Insurance and Employment 

4 Service Operations’ ’’ before the period. 

5 (2) Any obligations and expenditures made for 

6 projects or activities described in this section before 

7 the date of enactment of this Act pursuant to the first 

8 proviso following paragraph (6) under the heading 

9 ‘‘Department of Labor—State Unemployment Insur10 ance and Employment Service Operations’’ as pro11 vided by section 101 of the Continuing Appropria12 tions Act, 2021 shall be charged to the appropriation 

13 provided by this section, consistent with section 107 

14 of the Continuing Appropriations Act, 2021. 

15 SEC. 802. (a) Any funds made available under this 

16 Act to support or fund apprenticeship programs shall only 

17 be used for, or provided to, apprenticeship programs as de18 fined in subsection (b) of this section, including any funds 

19 awarded for the purposes of grants, contracts, or cooperative 

20 agreements, or the development, implementation, or admin21 istration, of an apprenticeship program. 

22 (b) The term ‘‘apprenticeship’’ means an apprentice23 ship program registered under the Act of August 16, 1937 

24 (commonly known as the ‘‘National Apprenticeship Act’’) 

25 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) and that 
89 

•HR 925 EAH 

1 complies with the requirements of subpart A of part 29, 

2 Code of Federal Regulations, and part 30 of such title (as 

3 in effect on September 30, 2020). 

4 DEPARTMENT OF HEALTH AND HUMAN 

5 SERVICES 

6 HEALTH RESOURCES AND SERVICES ADMINISTRATION

7 PRIMARY HEALTH CARE

8 For an additional amount for ‘‘Primary Health 

9 Care’’, $7,600,000,000, for necessary expenses to prevent, 

10 prepare for, and respond to coronavirus, for grants and co11 operative agreements under the Health Centers Program, as 

12 defined by section 330 of the Public Health Service Act, and 

13 for grants to Federally qualified health centers, as defined 

14 in section 1861(aa)(4)(B) of the Social Security Act, and 

15 for eligible entities under the Native Hawaiian Health Care 

16 Improvement Act, including maintenance or expansion of 

17 health center and system capacity and staffing levels: Pro18 vided, That sections 330(r)(2)(B), 330(e)(6)(A)(iii), and 

19 330(e)(6)(B)(iii) shall not apply to funds provided under 

20 this heading in this Act: Provided further, That funds pro21 vided under this heading in this Act may be used to (1) 

22 purchase equipment and supplies to conduct mobile testing 

23 for SARS–CoV–2 or COVID–19; (2) purchase and main24 tain mobile vehicles and equipment to conduct such testing; 

25 and (3) hire and train laboratory personnel and other staff 
90 

•HR 925 EAH 

1 to conduct such mobile testing: Provided further, That such 

2 amount is designated by the Congress as being for an emer3 gency requirement pursuant to section 251(b)(2)(A)(i) of 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 HEALTH WORKFORCE 

7 For an additional amount for ‘‘Health Workforce’’, 

8 $1,000,000,000, to remain available until September 30, 

9 2022, to prevent, prepare for, and respond to coronavirus, 

10 of which $800,000,000 shall be for carrying out title III 

11 of the Public Health Service Act with respect to the health 

12 workforce and $200,000,000 shall be for carrying out section 

13 846 of such Act: Provided, That of the amount made avail14 able under this heading in this Act for carrying out title 

15 III of the Public Health Service Act with respect to the 

16 health workforce, $100,000,000 shall be made available for 

17 purposes of providing public health services through a sup18 plemental grant or grants to states currently participating 

19 in the NHSC State Loan Repayment Program notwith20 standing section 338I(b) of the PHS Act, to make awards 

21 as authorized under section 338I(j) of the Public Health 

22 Service (PHS) Act, and notwithstanding the health profes23 sional shortage area requirements under 338I, the Secretary 

24 may develop rules needed to implement this proviso: Pro25 vided further, That for purposes of the previous proviso, 
91 

•HR 925 EAH 

1 notwithstanding section 338I(d)(2) of the PHS Act, no 

2 more than 10 percent of funds made available in such sup3 plemental grants may be used by the state for administra4 tion of the State Loan Repayment Program in that state: 

5 Provided further, That for the purposes of these funds, the 

6 term ‘‘primary health services’’ and ‘‘primary health care 

7 services’’ as referenced in section 338I of the PHS Act, in8 cludes public health services, as defined by the Secretary: 

9 Provided further, That such amount is designated by the 

10 Congress as being for an emergency requirement pursuant 

11 to section 251(b)(2)(A)(i) of the Balanced Budget and 

12 Emergency Deficit Control Act of 1985. 

13 MATERNAL AND CHILD HEALTH 

14 For an additional amount for ‘‘Maternal and Child 

15 Health’’, $500,000,000, to prevent, prepare for, and respond 

16 to coronavirus, for carrying out title V of the Social Secu17 rity Act with respect to maternal and child health: Pro18 vided, That notwithstanding sections 502(a)(1) and 

19 502(b)(1) of the Social Security Act, such funds shall be 

20 available for awards to states and territories to carry out 

21 special projects of regional and national significance pursu22 ant to section 501(a)(2) of such Act: Provided further, That 

23 such amount is designated by the Congress as being for an 

24 emergency requirement pursuant to section 251(b)(2)(A)(i) 
92 

•HR 925 EAH 

1 of the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 RYAN WHITE HIV/AIDS PROGRAM

4 For an additional amount for ‘‘Ryan White HIV/ 

5 AIDS Program’’, $100,000,000, to prevent, prepare for, and 

6 respond to coronavirus: Provided, That awards from funds 

7 provided under this heading in this Act shall be through 

8 modifications to existing contracts and supplements to ex9 isting grants and cooperative agreements under parts A, B, 

10 C, D, and F, or section 2692(a) of title XXVI of the Public 

11 Health Service Act: Provided further, That such supple12 ments shall be awarded using a data-driven methodology 

13 determined by the Secretary of Health and Human Serv14 ices: Provided further, That sections 2604(c), 2612(b), and 

15 2651(c) of the Public Health Service Act shall not apply 

16 to funds provided under this heading in this Act: Provided 

17 further, That the Secretary may waive any penalties and 

18 administrative requirements as may attach to these funds 

19 or to funds awarded under title XXVI with respect to the 

20 Ryan White HIV/AIDS program as necessary to ensure 

21 that the funds may be used efficiently: Provided further, 

22 That such amount is designated by the Congress as being 

23 for an emergency requirement pursuant to section 

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 
93 

•HR 925 EAH 

1 CENTERS FOR DISEASE CONTROL AND PREVENTION

2 CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT

3 For an additional amount for ‘‘CDC–Wide Activities 

4 and Program Support’’, $13,700,000,000, to prevent, pre5 pare for, and respond to coronavirus, domestically or inter6 nationally: Provided, That of the amount provided under 

7 this heading in this Act, $1,000,000,000 shall be for Public 

8 Health Emergency Preparedness cooperative agreements 

9 under section 319C–1 of the Public Health Service Act: Pro10 vided further, That, of the amount provided under this 

11 heading in this Act, $1,000,000,000 shall be for necessary 

12 expenses for grants for core public health infrastructure for 

13 State, local, Territorial, or Tribal health departments as 

14 described in section 550 of division K of this Act: Provided 

15 further, That of the amount made available under this head16 ing in this Act for specified programs, not less than 

17 $100,000,000 shall be allocated to tribes, tribal organiza18 tions, urban Indian health organizations, or health service 

19 providers to tribes: Provided further, That of the amount 

20 made available under this heading in this Act, not less than 

21 $1,000,000,000 shall be for global disease detection and 

22 emergency response: Provided further, That of the amount 

23 provided under this heading in this Act, not less than 

24 $200,000,000 shall be for public health data surveillance 

25 and analytics infrastructure modernization: Provided fur-
94 

•HR 925 EAH 

1 ther, That of the amount made available under this heading 

2 in this Act, $7,000,000,000 shall be for activities to plan, 

3 prepare for, promote, distribute, administer, monitor, and 

4 track coronavirus vaccines, as described in section 703 of 

5 division K of this Act, to ensure broad-based distribution, 

6 access, and vaccine coverage: Provided further, That of the 

7 amount made available under this heading in this Act, 

8 $1,000,000,000 shall be for necessary expenses for grants for 

9 an evidence-based public awareness campaign on the im10 portance of vaccinations, as described in section 704 of divi11 sion K of this Act: Provided further, That of the amount 

12 made available under this heading in this Act, 

13 $2,000,000,000 shall be for necessary expenses for grants to 

14 State, local, Tribal, or territorial health departments to 

15 purchase or procure personal protective equipment and 

16 other workplace safety measures for use in containment and 

17 mitigation of COVID-19 transmission among essential 

18 workers, as well as provide funding to employers of essential 

19 workers for containment and mitigation of COVID-19 

20 transmission among essential workers in their workplaces, 

21 as described in section 651 of division K of this Act: Pro22 vided further, That of the amount made available under this 

23 heading in this Act, up to $500,000,000 shall be for activi24 ties to plan, prepare for, promote, distribute, administer, 

25 monitor, and track seasonal influenza vaccines to ensure 
95 

•HR 925 EAH 

1 broad-based distribution, access, and vaccine coverage: Pro2 vided further, That funds made available under this head3 ing in this Act may reimburse CDC obligations incurred 

4 for vaccine planning, preparation, promotion, and dis5 tribution prior to the enactment of this Act: Provided fur6 ther, That the Director of CDC shall report to the Commit7 tees on Appropriations of the House of Representatives and 

8 the Senate within 60 days of enactment of this Act on an 

9 enhanced seasonal influenza vaccination strategy to include 

10 nationwide vaccination goals and specific actions that CDC 

11 will take to achieve such goals: Provided further, That funds 

12 appropriated under this heading in this Act for grants may 

13 be used for the rent, lease, purchase, acquisition, construc14 tion, alteration, or renovation of non-Federally owned fa15 cilities to improve preparedness and response capability at 

16 the State and local level: Provided further, That all con17 struction, alteration, or renovation work, carried out, in 

18 whole or in part, with funds appropriated under this head19 ing in this Act, or under this heading in the CARES Act 

20 (Public Law 116–136), shall be subject to the requirements 

21 of section 1621(b)(1)(I) of the Public Health Service Act 

22 (42 U.S.C. 300s–1(b)(1)(I)): Provided further, That such 

23 amount is designated by the Congress as being for an emer24 gency requirement pursuant to section 251(b)(2)(A)(i) of 
96 

•HR 925 EAH 

1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 NATIONAL INSTITUTES OF HEALTH

4 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

5 DISEASES

6 For an additional amount for ‘‘National Institute of 

7 Allergy and Infectious Diseases’’, $500,000,000, to remain 

8 available until September 30, 2024, to prevent, prepare for, 

9 and respond to coronavirus: Provided, That such amount 

10 is designated by the Congress as being for an emergency 

11 requirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 NATIONAL INSTITUTE OF MENTAL HEALTH

14 For an additional amount for ‘‘National Institute of 

15 Mental Health’’, $200,000,000, to remain available until 

16 September 30, 2024, to prevent, prepare for, and respond 

17 to coronavirus: Provided, That such amount is designated 

18 by the Congress as being for an emergency requirement pur19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 OFFICE OF THE DIRECTOR

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Office of the Director’’, 

24 $4,021,000,000, to remain available until September 30, 

25 2024, to prevent, prepare for, and respond to coronavirus, 
97 

•HR 925 EAH 

1 domestically or internationally: Provided, That not less 

2 than $3,000,000,000 of the amount provided under this 

3 heading in this Act shall be for offsetting the costs related 

4 to reductions in lab productivity resulting from the 

5 coronavirus pandemic or public health measures related to 

6 the coronavirus pandemic: Provided further, That up to 

7 $1,021,000,000 of the amount provided under this heading 

8 in this Act shall be to support additional scientific research 

9 or the programs and platforms that support research: Pro10 vided further, That funds made available under this head11 ing in this Act may be transferred to the accounts of the 

12 Institutes and Centers of the National Institutes of Health 

13 (‘‘NIH’’): Provided further, That this transfer authority is 

14 in addition to any other transfer authority available to the 

15 NIH: Provided further, That such amount is designated by 

16 the Congress as being for an emergency requirement pursu17 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

20 ADMINISTRATION

21 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

22 For an additional amount for ‘‘Health Surveillance 

23 and Program Support’’, $8,500,000,000, to prevent, pre24 pare for, and respond to coronavirus: Provided, That of the 

25 funds made available under this heading in this Act, 
98 

•HR 925 EAH 

1 $3,500,000,000 shall be for grants for the substance abuse 

2 prevention and treatment block grant program under sub3 part II of part B of title XIX of the Public Health Service 

4 Act (‘‘PHS Act’’): Provided further, That of the funds made 

5 available under this heading in this Act, $4,000,000,000 

6 shall be for grants for the community mental health services 

7 block grant program under subpart I of part B of title XIX 

8 of the PHS Act: Provided further, That of the amount made 

9 available in the previous proviso, the Assistant Secretary 

10 is directed to provide no less than 50 percent of funds di11 rectly to facilities defined in section 1913(c) of the PHS 

12 Act: Provided further, That of the amount made available 

13 under this heading in this Act, not less than $600,000,000 

14 is available for Certified Community Behavioral Health 

15 Clinic Expansion Grant program: Provided further, That 

16 of the amount made available under this heading in this 

17 Act, not less than $50,000,000 shall be available for suicide 

18 prevention programs: Provided further, That of the funds 

19 made available under this heading in this Act, 

20 $100,000,000 shall be for activities and services under 

21 Project AWARE: Provided further, That of the funds made 

22 available under this heading in this Act, $10,000,000 shall 

23 be for the National Child Traumatic Stress Network: Pro24 vided further, That of the amount made available under this 

25 heading in this Act, $240,000,000 is available for activities 
99 

•HR 925 EAH 

1 authorized under section 501(o) of the PHS Act: Provided 

2 further, That of the amount made available under this head3 ing in this Act for specified programs, not less than 

4 $150,000,000 shall be allocated to tribes, tribal organiza5 tions, urban Indian health organizations, or health or be6 havioral health service providers to tribes: Provided further, 

7 That with respect to the amount appropriated under this 

8 heading in this Act the Substance Abuse and Mental Health 

9 Services Administration may waive requirements with re10 spect to allowable activities, timelines, or reporting require11 ments for the Substance Abuse Prevention and Treatment 

12 Block Grant and the Community Mental Health Services 

13 Block Grant as deemed necessary to facilitate a grantee’s 

14 response to coronavirus: Provided further, That such 

15 amount is designated by the Congress as being for an emer16 gency requirement pursuant to section 251(b)(2)(A)(i) of 

17 the Balanced Budget and Emergency Deficit Control Act 

18 of 1985. 

19 CENTERS FOR MEDICARE & MEDICAID SERVICES

20 PROGRAM MANAGEMENT

21 For an additional amount for ‘‘Program Manage22 ment’’, $500,000,000, to prevent, prepare for, and respond 

23 to coronavirus, for State strike teams for resident and em24 ployee safety in skilled nursing facilities and nursing facili25 ties, including activities to support clinical care, infection 
100 

•HR 925 EAH 

1 control, and staffing pursuant to section 208 of division K 

2 of this Act: Provided, That such amount is designated by 

3 the Congress as being for an emergency requirement pursu4 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985. 

6 ADMINISTRATION FOR CHILDREN AND FAMILIES

7 LOW INCOME HOME ENERGY ASSISTANCE

8 For an additional amount for ‘‘Low Income Home En9 ergy Assistance’’, $4,500,000,000, to prevent, prepare for, 

10 and respond to coronavirus, for making payments under 

11 subsection (b) of section 2602 of the Low-Income Home En12 ergy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Pro13 vided, That of the amount provided under this heading in 

14 this Act, $2,250,000,000 shall be allocated as though the 

15 total appropriation for such payments for fiscal year 2021 

16 was less than $1,975,000,000: Provided further, That sec17 tion 2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B)) 

18 shall not apply to funds made available under this heading 

19 in this Act: Provided further, That such amount is des20 ignated by the Congress as being for an emergency require21 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 
101 

•HR 925 EAH 

1 PAYMENTS TO STATES FOR THE CHILD CARE AND

2 DEVELOPMENT BLOCK GRANT

3 For an additional amount for ‘‘Payments to States for 

4 the Child Care and Development Block Grant’’, 

5 $7,000,000,000, to prevent, prepare for, and respond to 

6 coronavirus, including for Federal administrative expenses, 

7 which shall be used to supplement, not supplant State, Ter8 ritory, and Tribal general revenue funds for child care as9 sistance for low-income families within the United States 

10 (including territories) without regard to requirements in 

11 sections 658E(c)(3)(D)–(E) or section 658G of the Child 

12 Care and Development Block Grant Act: Provided, That 

13 funds provided under this heading in this Act may be used 

14 for costs of providing relief from copayments and tuition 

15 payments for families and for paying that portion of the 

16 child care provider’s cost ordinarily paid through family 

17 copayments, to provide continued payments and assistance 

18 to child care providers in the case of decreased enrollment 

19 or closures related to coronavirus, and to ensure child care 

20 providers are able to remain open or reopen as appropriate 

21 and applicable: Provided further, That States, Territories, 

22 and Tribes are encouraged to place conditions on payments 

23 to child care providers that ensure that child care providers 

24 use a portion of funds received to continue to pay the sala25 ries and wages of staff: Provided further, That lead agencies 
102 

•HR 925 EAH 

1 shall, for the duration of the COVID–19 public health emer2 gency, implement enrollment and eligibility policies that 

3 support the fixed costs of providing child care services by 

4 delinking provider reimbursement rates from an eligible 

5 child’s absence and a provider’s closure due to the COVID– 

6 19 public health emergency: Provided further, That the Sec7 retary shall remind States that CCDBG State plans do not 

8 need to be amended prior to utilizing existing authorities 

9 in the Child Care and Development Block Grant Act for 

10 the purposes provided herein: Provided further, That States, 

11 Territories, and Tribes are authorized to use funds appro12 priated under this heading in this Act to provide child care 

13 assistance to health care sector employees, emergency re14 sponders, sanitation workers, farmworkers, and other work15 ers deemed essential during the response to coronavirus by 

16 public officials, without regard to the income eligibility re17 quirements of section 658P(4) of such Act: Provided further, 

18 That funds appropriated under this heading in this Act 

19 shall be available to eligible child care providers under sec20 tion 658P(6) of the CCDBG Act, even if such providers were 

21 not receiving CCDBG assistance prior to the public health 

22 emergency as a result of the coronavirus, for the purposes 

23 of cleaning and sanitation, and other activities necessary 

24 to maintain or resume the operation of programs: Provided 

25 further, That no later than 60 days after the date of enact-
103 

•HR 925 EAH 

1 ment of this Act, each State, Territory, and Tribe that re2 ceives funding under this heading in this Act shall submit 

3 to the Secretary a report, in such manner as the Secretary 

4 may require, describing how the funds appropriated under 

5 this heading in this Act will be spent and that no later 

6 than 90 days after the date of enactment of this Act, the 

7 Secretary shall submit to the Committees on Appropria8 tions of the House of Representatives and the Senate, the 

9 Committee on Education and Labor of the House of Rep10 resentatives, and the Committee on Health, Education, 

11 Labor, and Pensions of the Senate a report summarizing 

12 such reports from the States, Territories, and Tribes: Pro13 vided further, That, no later than October 31, 2021, each 

14 State, Territory, and Tribe that receives funding under this 

15 heading in this Act shall submit to the Secretary a report, 

16 in such manner as the Secretary may require, describing 

17 how the funds appropriated under this heading in this Act 

18 were spent and that no later than 60 days after receiving 

19 such reports from the States, Territories, and Tribes, the 

20 Secretary shall submit to the Committees on Appropria21 tions of the House of Representatives and the Senate, the 

22 Committee on Education and Labor of the House of Rep23 resentatives, and the Committee on Health, Education, 

24 Labor, and Pensions of the Senate a report summarizing 

25 such reports from the States, Territories, and Tribes: Pro-
104 

•HR 925 EAH 

1 vided further, That payments made under this heading in 

2 this Act may be obligated in this fiscal year or the suc3 ceeding two fiscal years: Provided further, That funds ap4 propriated under this heading in this Act may be made 

5 available to restore amounts, either directly or through re6 imbursement, for obligations incurred to prevent, prepare 

7 for, and respond to coronavirus, prior to the date of enact8 ment of this Act: Provided further, That such amount is 

9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 For an additional amount for ‘‘Payments to States for 

13 the Child Care and Development Block Grant’’, 

14 $50,000,000,000, for necessary expenses to carry out the 

15 Child Care Stabilization Fund program, as authorized by 

16 section 803 of this Act: Provided, That such funds shall be 

17 available without regard to the requirements in subpara18 graphs (C) through (E) of section 658E(c)(3) or section 

19 658G of the Child Care and Development Block Grant Act: 

20 Provided further, That funds made available under this 

21 heading in this Act may be made available to restore 

22 amounts, either directly or through reimbursement, for obli23 gations incurred prior to the date of enactment of this Act 

24 for the purposes provided herein: Provided further, That 

25 such amount is designated by the Congress as being for an 
105 

•HR 925 EAH 

1 emergency requirement pursuant to section 251(b)(2)(A)(i) 

2 of the Balanced Budget and Emergency Deficit Control Act 

3 of 1985. 

4 CHILD CARE STABILIZATION FUND

5 SEC. 803. (a) DEFINITIONS.—In this section: 

6 (1) CCDBG TERMS.—The terms ‘‘eligible child 

7 care provider’’, ‘‘Indian tribe’’, ‘‘lead agency’’, ‘‘tribal 

8 organization’’, ‘‘Secretary’’, and ‘‘State’’ have the 

9 meanings given the terms in section 658P of the Child 

10 Care and Development Block Grant Act of 1990 (42 

11 U.S.C. 9858n) except as otherwise provided in this 

12 section. 

13 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 

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

15 means the public health emergency declared by the 

16 Secretary of Health and Human Services under sec17 tion 319 of the Public Health Service Act (42 U.S.C. 

18 247d) on January 31, 2020, with respect to COVID– 

19 19, including any renewal of the declaration. 

20 (b) GRANTS.—From the amounts appropriated to 

21 carry out this section and under the authority of section 

22 658O of the Child Care and Development Block Grant Act 

23 of 1990 (42 U.S.C. 9858m) and this section, the Secretary 

24 shall award child care stabilization grants to the lead agen25 cy of each State (as defined in that section 658O), territory 

26 described in subsection (a)(1) of such section, Indian tribe, 
106 

•HR 925 EAH 

1 and tribal organization from allotments and payments 

2 made under subsection (c)(2), not later than 30 days after 

3 the date of enactment of this Act. 

4 (c) SECRETARIAL RESERVATION AND ALLOTMENTS.— 

5 (1) RESERVATION.—The Secretary shall reserve 

6 not more than 1 percent of the funds appropriated to 

7 carry out this section for the Federal administration 

8 of grants described in subsection (b). Amounts re9 served by the Secretary for administrative expenses 

10 shall remain available until fiscal year 2024. 

11 (2) ALLOTMENTS.—The Secretary shall use the 

12 remainder of the funds appropriated to carry out this 

13 section to award allotments to States, as defined in 

14 section 658O of the Child Care Development Block 

15 Grant Act of 1990 (42 U.S.C. 9858m), and payments 

16 to territories, Indian tribes, and tribal organizations 

17 in accordance with paragraphs (1) and (2) of sub18 section (a), and subsection (b), of section 658O of the 

19 Child Care and Development Block Grant Act of 1990 

20 (42 U.S.C. 9858m). 

21 (d) STATE RESERVATIONS AND SUBGRANTS.— 

22 (1) RESERVATION.—A lead agency for a State 

23 that receives a child care stabilization grant pursuant 

24 to subsection (b) shall reserve not more than 10 per25 cent of such grant funds— 
107 

•HR 925 EAH 

1 (A) to administer subgrants made to quali2 fied child care providers under paragraph (2), 

3 including to carry out data systems building 

4 and other activities that enable the disbursement 

5 of payments of such subgrants; 

6 (B) to provide technical assistance and sup7 port in applying for and accessing the subgrant 

8 opportunity under paragraph (2), to eligible 

9 child care providers (including to family child 

10 care providers, group home child care providers, 

11 and other non-center-based child care providers, 

12 providers in rural areas, and providers with 

13 limited administrative capacity), either directly 

14 or through resource and referral agencies or 

15 staffed family child care networks; 

16 (C) to publicize the availability of subgrants 

17 under this section and conduct widespread out18 reach to eligible child care providers (including 

19 family child care providers, group home child 

20 care providers, and other non-center-based child 

21 care providers, providers in rural areas, and 

22 providers with limited administrative capacity), 

23 either directly or through resource and referral 

24 agencies or staffed family child care networks, to 
108 

•HR 925 EAH 

1 ensure eligible child care providers are aware of 

2 the subgrants available under this section; 

3 (D) to carry out the reporting requirements 

4 described in subsection (f); and 

5 (E) to carry out activities to improve the 

6 supply and quality of child care during and 

7 after the COVID–19 public health emergency, 

8 such as conducting community needs assess9 ments, carrying out child care cost modeling, 

10 making improvements to child care facilities, in11 creasing access to licensure or participation in 

12 the State’s tiered quality rating system, and car13 rying out other activities described in section 

14 658G(b) of the Child Care and Development 

15 Block Grant Act of 1990 (42 U.S.C. 9858e(b)), to 

16 the extent that the lead agency can carry out ac17 tivities described in this subparagraph without 

18 preventing the lead agency from fully conducting 

19 the activities described in subparagraphs (A) 

20 through (D). 

21 (2) SUBGRANTS TO QUALIFIED CHILD CARE PRO22 VIDERS.— 

23 (A) IN GENERAL.—The lead agency shall 

24 use the remainder of the grant funds awarded 

25 pursuant to subsection (b) to make subgrants to 
109 

•HR 925 EAH 

1 qualified child care providers described in sub2 paragraph (B), to support the stability of the 

3 child care sector during and after the COVID– 

4 19 public health emergency and to ensure the 

5 maintenance of a delivery system of child care 

6 services throughout the State that provides for 

7 child care in a variety of settings, including the 

8 settings of family child care providers, and for a 

9 variety of ages, including care for infants and 

10 toddlers. The lead agency shall provide the 

11 subgrant funds in advance of provider expendi12 tures for costs described in subsection (e), except 

13 as provided in subsection (e)(2). 

14 (B) QUALIFIED CHILD CARE PROVIDER.— 

15 To be qualified to receive a subgrant under this 

16 paragraph, a provider shall be an eligible child 

17 care provider that— 

18 (i) was providing child care services on 

19 or before March 1, 2020; and 

20 (ii) on the date of submission of an ap21 plication for the subgrant, was either— 

22 (I) open and available to provide 

23 child care services; or 

24 (II) closed due to the COVID–19 

25 public health emergency. 
110 

•HR 925 EAH 

1 (C) SUBGRANT AMOUNT.—The lead agency 

2 shall make subgrants, from amounts awarded 

3 pursuant to subsection (b), to qualified child care 

4 providers, and the amount of such a subgrant to 

5 such a provider shall— 

6 (i) be based on the provider’s stated av7 erage operating expenses during the period 

8 (of not longer than 6 months) before March 

9 1, 2020, or before the provider’s last day of 

10 operation for a provider that operates sea11 sonally, and at minimum cover such oper12 ating expenses for the intended length of the 

13 subgrant; 

14 (ii) account for increased costs of pro15 viding or preparing to provide child care as 

16 a result of the COVID–19 public health 

17 emergency, such as provider and employee 

18 compensation and existing benefits (existing 

19 as of March 1, 2020) and the implementa20 tion of new practices related to sanitization, 

21 group size limits, and social distancing; 

22 (iii) be adjusted for payments or reim23 bursements made to an eligible child care 

24 provider to carry out the Child Care and 

25 Development Block Grant Act of 1990 (42 
111 

•HR 925 EAH 

1 U.S.C. 9857 et seq.) or the Head Start Act 

2 (42 U.S.C. 9831 et seq.) if the period of 

3 such payments or reimbursements overlaps 

4 with the period of the subgrant award; and 

5 (iv) be adjusted for payments or reim6 bursements made to an eligible child care 

7 provider through the Paycheck Protection 

8 Program set forth in section 7(a)(36) of the 

9 Small Business Act (15 U.S.C. 636(a)(36)), 

10 as added by section 1102 of the Coronavirus 

11 Aid, Relief, and Economic Security Act 

12 (Public Law 116–136) if the period of such 

13 payments or reimbursements overlaps with 

14 the period of the subgrant award. 

15 (D) APPLICATION.— 

16 (i) ELIGIBILITY.—To be eligible to re17 ceive a subgrant under this paragraph, a 

18 child care provider shall submit an applica19 tion to a lead agency at such time and in 

20 such manner as the lead agency may re21 quire. Such application shall include— 

22 (I) a good-faith certification that 

23 the ongoing operations of the child care 

24 provider have been impacted as a re-
112 

•HR 925 EAH 

1 sult of the COVID–19 public health 

2 emergency; 

3 (II) for a provider described in 

4 subparagraph (B)(ii)(I), an assurance 

5 that, for the duration of the subgrant— 

6 (aa) the provider will give 

7 priority for available slots (in8 cluding slots that are only tempo9 rarily available) to— 

10 (AA) children of essen11 tial workers (such as health 

12 care sector employees, emer13 gency responders, sanitation 

14 workers, farmworkers, child 

15 care employees, and other 

16 workers determined to be es17 sential during the response to 

18 coronavirus by public offi19 cials), children of workers 

20 whose places of employment 

21 require their attendance, 

22 children experiencing home23 lessness, children with dis24 abilities, children at risk of 

25 child abuse or neglect, and 
113 

•HR 925 EAH 

1 children in foster care, in 

2 States, tribal communities, 

3 or localities where stay-at4 home or related orders are in 

5 effect; or 

6 (BB) children of work7 ers whose places of employ8 ment require their attend9 ance, children experiencing 

10 homelessness, children with 

11 disabilities, children at risk 

12 of child abuse or neglect, chil13 dren in foster care, and chil14 dren whose parents are in 

15 school or a training pro16 gram, in States, tribal com17 munities, or localities where 

18 stay-at-home or related or19 ders are not in effect; 

20 (bb) the provider will imple21 ment policies in line with guid22 ance from the Centers for Disease 

23 Control and Prevention and the 

24 corresponding State, tribal, and 

25 local authorities, and in accord-
114 

•HR 925 EAH 

1 ance with State, tribal, and local 

2 orders, for child care providers 

3 that remain open, including guid4 ance on sanitization practices, 

5 group size limits, and social 

6 distancing; 

7 (cc) for each employee, the 

8 provider will pay the full com9 pensation described in subsection 

10 (e)(1)(C), including any benefits, 

11 that was provided to the employee 

12 as of March 1, 2020 (referred to 

13 in this clause as ‘‘full compensa14 tion’’), and will not take any ac15 tion that reduces the weekly 

16 amount of the employee’s com17 pensation below the weekly 

18 amount of full compensation, or 

19 that reduces the employee’s rate of 

20 compensation below the rate of 

21 full compensation; and 

22 (dd) the provider will pro23 vide relief from copayments and 

24 tuition payments for the families 

25 enrolled in the provider’s program 
115 

•HR 925 EAH 

1 and prioritize such relief for fami2 lies struggling to make either type 

3 of payments; 

4 (III) for a provider described in 

5 subparagraph (B)(ii)(II), an assurance 

6 that— 

7 (aa) for the duration of the 

8 provider’s closure due to the 

9 COVID–19 public health emer10 gency, for each employee, the pro11 vider will pay full compensation, 

12 and will not take any action that 

13 reduces the weekly amount of the 

14 employee’s compensation below the 

15 weekly amount of full compensa16 tion, or that reduces the employ17 ee’s rate of compensation below 

18 the rate of full compensation; 

19 (bb) children enrolled as of 

20 March 1, 2020, will maintain 

21 their slots, unless their families 

22 choose to disenroll the children; 

23 (cc) for the duration of the 

24 provider’s closure due to the 

25 COVID–19 public health emer-
116 

•HR 925 EAH 

1 gency, the provider will provide 

2 relief from copayments and tui3 tion payments for the families en4 rolled in the provider’s program 

5 and prioritize such relief for fami6 lies struggling to make either type 

7 of payments; and 

8 (dd) the provider will resume 

9 operations when the provider is 

10 able to safely implement policies 

11 in line with guidance from the 

12 Centers for Disease Control and 

13 Prevention and the corresponding 

14 State, tribal, and local authori15 ties, and in accordance with 

16 State, tribal, and local orders; 

17 (IV) information about the child 

18 care provider’s— 

19 (aa) program characteristics 

20 sufficient to allow the lead agency 

21 to establish the child care pro22 vider’s priority status, as de23 scribed in subparagraph (F); 
117 

•HR 925 EAH 

1 (bb) program operational 

2 status on the date of submission of 

3 the application; 

4 (cc) type of program, includ5 ing whether the program is a cen6 ter-based child care, family child 

7 care, group home child care, or 

8 other non-center-based child care 

9 type program; 

10 (dd) total enrollment on the 

11 date of submission of the applica12 tion and total capacity as allowed 

13 by the State and tribal authori14 ties; and 

15 (ee) receipt of assistance, and 

16 amount of assistance, through a 

17 payment or reimbursement de18 scribed in subparagraph (C)(iv), 

19 and the time period for which the 

20 assistance was made; 

21 (V) information necessary to de22 termine the amount of the subgrant, 

23 such as information about the pro24 vider’s stated average operating ex-
118 

•HR 925 EAH 

1 penses over the appropriate period, de2 scribed in subparagraph (C)(i); and 

3 (VI) such other limited informa4 tion as the lead agency shall determine 

5 to be necessary to make subgrants to 

6 qualified child care providers. 

7 (ii) FREQUENCY.—The lead agency 

8 shall accept and process applications sub9 mitted under this subparagraph on a roll10 ing basis. 

11 (iii) UPDATES.—The lead agency 

12 shall— 

13 (I) at least once a month, verify 

14 by obtaining a self-attestation from 

15 each qualified child care provider that 

16 received such a subgrant from the 

17 agency, whether the provider is open 

18 and available to provide child care 

19 services or is closed due to the COVID– 

20 19 public health emergency; 

21 (II) allow the qualified child care 

22 provider to update the information 

23 provided in a prior application; and 

24 (III) adjust the qualified child 

25 care provider’s subgrant award as nec-
119 

•HR 925 EAH 

1 essary, based on changes to the appli2 cation information, including changes 

3 to the provider’s operational status. 

4 (iv) EXISTING APPLICATIONS.—If a 

5 lead agency has established and imple6 mented a grant program for child care pro7 viders that is in effect on the date of enact8 ment of this Act, and an eligible child care 

9 provider has already submitted an applica10 tion for such a grant to the lead agency 

11 containing the information specified in 

12 clause (i), the lead agency shall treat that 

13 application as an application submitted 

14 under this subparagraph. If an eligible 

15 child care provider has already submitted 

16 such an application containing part of the 

17 information specified in clause (i), the pro18 vider may submit to the lead agency an ab19 breviated application that contains the re20 maining information, and the lead agency 

21 shall treat the 2 applications as an applica22 tion submitted under this subparagraph. 

23 (E) MATERIALS.— 

24 (i) IN GENERAL.—The lead agency 

25 shall provide the materials and other re-
120 

•HR 925 EAH 

1 sources related to such subgrants, including 

2 a notification of subgrant opportunities and 

3 application materials, to qualified child 

4 care providers in the most commonly spoken 

5 languages in the State. 

6 (ii) APPLICATION.—The application 

7 shall be accessible on the website of the lead 

8 agency within 30 days after the lead agency 

9 receives grant funds awarded pursuant to 

10 subsection (b) and shall be accessible to all 

11 eligible child care providers, including fam12 ily child care providers, group home child 

13 care providers, and other non-center-based 

14 child care providers, providers in rural 

15 areas, and providers with limited adminis16 trative capacity. 

17 (F) PRIORITY.—In making subgrants under 

18 this section, the lead agency shall give priority 

19 to qualified child care providers that, prior to or 

20 on March 1, 2020— 

21 (i) provided child care during non22 traditional hours; 

23 (ii) served dual language learners, chil24 dren with disabilities, children experiencing 

25 homelessness, children in foster care, chil-
121 

•HR 925 EAH 

1 dren from low-income families, or infants 

2 and toddlers; 

3 (iii) served a high proportion of chil4 dren whose families received subsidies under 

5 the Child Care and Development Block 

6 Grant Act of 1990 (42 U.S.C. 9857 et seq.) 

7 for the child care; or 

8 (iv) operated in communities, includ9 ing rural communities, with a low supply 

10 of child care. 

11 (G) PROVIDERS RECEIVING OTHER ASSIST12 ANCE.—The lead agency, in determining whether 

13 a provider is a qualified child care provider, 

14 shall not take into consideration receipt of a 

15 payment or reimbursement described in subpara16 graph (C)(iii) or subparagraph (C)(iv). 

17 (H) AWARDS.—The lead agency shall equi18 tably make subgrants under this paragraph to 

19 center-based child care providers, family child 

20 care providers, group home child care providers, 

21 and other non-center-based child care providers, 

22 such that qualified child care providers are able 

23 to access the subgrant opportunity under this 

24 paragraph regardless of the providers’ setting, 

25 size, or administrative capacity. 
122 

•HR 925 EAH 

1 (I) OBLIGATION.—The lead agency shall ob2 ligate at least 50 percent of funds available to 

3 carry out this section for subgrants described in 

4 this paragraph, within 6 months of the date of 

5 the enactment of this Act. 

6 (e) USES OF FUNDS.— 

7 (1) IN GENERAL.—A qualified child care pro8 vider that receives funds through such a subgrant 

9 may use the funds for the costs of— 

10 (A) payroll; 

11 (B) employee benefits, including group 

12 health plan benefits during periods of paid sick, 

13 medical, or family leave, and insurance pre14 miums; 

15 (C) employee salaries or similar compensa16 tion, including any income or other compensa17 tion to a sole proprietor or independent con18 tractor that is a wage, commission, income, net 

19 earnings from self-employment, or similar com20 pensation; 

21 (D) employee recruitment and retention; 

22 (E) payment on any mortgage obligation; 

23 (F) rent (including rent under a lease 

24 agreement); 

25 (G) utilities and facility maintenance; 
123 

•HR 925 EAH 

1 (H) insurance; 

2 (I) providing premium pay for child care 

3 providers and other employees who provide serv4 ices during the COVID–19 public health emer5 gency; 

6 (J) sanitization and other costs associated 

7 with cleaning; 

8 (K) personal protective equipment and other 

9 equipment necessary to carry out the functions of 

10 the child care provider; 

11 (L) training and professional development 

12 related to health and safety practices, including 

13 the proper implementation of policies in line 

14 with guidance from the Centers for Disease Con15 trol and Prevention and the corresponding State, 

16 tribal, and local authorities, and in accordance 

17 with State, tribal, and local orders; 

18 (M) purchasing or updating equipment and 

19 supplies to serve children during nontraditional 

20 hours 

21 (N) modifications to child care services as a 

22 result of the COVID–19 public health emergency, 

23 such as limiting group sizes, adjusting staff-to24 child ratios, and implementing other heightened 

25 health and safety measures; 
124 

•HR 925 EAH 

1 (O) mental health supports for children and 

2 employees; and 

3 (P) other goods and services necessary to 

4 maintain or resume operation of the child care 

5 program, or to maintain the viability of the 

6 child care provider as a going concern during 

7 and after the COVID–19 public health emer8 gency. 

9 (2) REIMBURSEMENT.—The qualified child care 

10 provider may use the subgrant funds to reimburse the 

11 provider for sums obligated or expended before the 

12 date of enactment of this Act for the cost of a good 

13 or service described in paragraph (1) to respond to 

14 the COVID–19 public health emergency. 

15 (f) REPORTING.— 

16 (1) INITIAL REPORT.—A lead agency receiving a 

17 grant under this section shall, within 60 days after 

18 making the agency’s first subgrant under subsection 

19 (d)(2) to a qualified child care provider, submit a re20 port to the Secretary that includes— 

21 (A) data on qualified child care providers 

22 that applied for subgrants and qualified child 

23 care providers that received such subgrants, in24 cluding— 
125 

•HR 925 EAH 

1 (i) the number of such applicants and 

2 the number of such recipients; 

3 (ii) the number and proportion of such 

4 applicants and recipients that received pri5 ority and the characteristic or characteris6 tics of such applicants and recipients asso7 ciated with the priority; 

8 (iii) the number and proportion of 

9 such applicants and recipients that are— 

10 (I) center-based child care pro11 viders; 

12 (II) family child care providers; 

13 (III) group home child care pro14 viders; or 

15 (IV) other non-center-based child 

16 care providers; and 

17 (iv) within each of the groups listed in 

18 clause (iii), the number of such applicants 

19 and recipients that are, on the date of sub20 mission of the application— 

21 (I) open and available to provide 

22 child care services; or 

23 (II) closed due to the COVID–19 

24 public health emergency; 
126 

•HR 925 EAH 

1 (B) the total capacity of child care pro2 viders that are licensed, regulated, or registered 

3 in the State on the date of the submission of the 

4 report; 

5 (C) a description of— 

6 (i) the efforts of the lead agency to pub7 licize the availability of subgrants under 

8 this section and conduct widespread out9 reach to eligible child care providers about 

10 such subgrants, including efforts to make 

11 materials available in languages other than 

12 English; 

13 (ii) the lead agency’s methodology for 

14 determining amounts of subgrants under 

15 subsection (d)(2); 

16 (iii) the lead agency’s timeline for dis17 bursing the subgrant funds; and 

18 (iv) the lead agency’s plan for ensuring 

19 that qualified child care providers that re20 ceive funding through such a subgrant com21 ply with assurances described in subsection 

22 (d)(2)(D) and use funds in compliance with 

23 subsection (e); and 

24 (D) such other limited information as the 

25 Secretary may require. 
127 

•HR 925 EAH 

1 (2) QUARTERLY REPORT.—The lead agency 

2 shall, following the submission of such initial report, 

3 submit to the Secretary a report that contains the in4 formation described in subparagraphs (A), (B), and 

5 (D) of paragraph (1) once a quarter until all funds 

6 allotted for activities authorized under this section are 

7 expended. 

8 (3) FINAL REPORT.—Not later than 60 days 

9 after a lead agency receiving a grant under this sec10 tion has obligated all of the grant funds (including 

11 funds received under subsection (h)), the lead agency 

12 shall submit a report to the Secretary, in such man13 ner as the Secretary may require, that includes— 

14 (A) the total number of eligible child care 

15 providers who were providing child care services 

16 on or before March 1, 2020, in the State and the 

17 number of such providers that submitted an ap18 plication under subsection (d)(2)(D); 

19 (B) the number of qualified child care pro20 viders in the State that received funds through 

21 the grant; 

22 (C) the lead agency’s methodology for deter23 mining amounts of subgrants under subsection 

24 (d)(2); 
128 

•HR 925 EAH 

1 (D) the average and range of the subgrant 

2 amounts by provider type (center-based child 

3 care, family child care, group home child care, or 

4 other non-center-based child care provider); 

5 (E) the percentages of the child care pro6 viders that received such a subgrant, that, on or 

7 before March 1, 2020— 

8 (i) provided child care during non9 traditional hours; 

10 (ii) served dual language learners, chil11 dren with disabilities, children experiencing 

12 homelessness, children in foster care, chil13 dren from low-income families, or infants 

14 and toddlers; 

15 (iii) served a high proportion of chil16 dren whose families received subsidies under 

17 the Child Care and Development Block 

18 Grant Act of 1990 (42 U.S.C. 9857 et seq.) 

19 for the child care; and 

20 (iv) operated in communities, includ21 ing rural communities, with a low supply 

22 of child care; 

23 (F) the number of children served by the 

24 child care providers that received such a 

25 subgrant, for the duration of the subgrant; 
129 

•HR 925 EAH 

1 (G) the percentages, of the child care pro2 viders that received such a subgrant, that are— 

3 (i) center-based child care providers; 

4 (ii) family child care providers; 

5 (iii) group home child care providers; 

6 or 

7 (iv) other non-center-based child care 

8 providers; 

9 (H) the percentages, of the child care pro10 viders listed in subparagraph (G) that are, on 

11 the date of submission of the application— 

12 (i) open and available to provide child 

13 care services; or 

14 (ii) closed due to the COVID–19 public 

15 health emergency; 

16 (I) information about how child care pro17 viders used the funds received under such a 

18 subgrant; 

19 (J) information about how the lead agency 

20 used funds reserved under subsection (d)(1); and 

21 (K) information about how the subgrants 

22 helped to stabilize the child care sector. 

23 (4) REPORTS TO CONGRESS.— 

24 (A) FINDINGS FROM INITIAL REPORTS.— 

25 Not later than 60 days after receiving all reports 
130 

•HR 925 EAH 

1 required to be submitted under paragraph (1), 

2 the Secretary shall provide a report to the Com3 mittee on Education and Labor of the House of 

4 Representatives, to the Committee on Health, 

5 Education, Labor and Pensions of the Senate, 

6 and to the Committees on Appropriations of the 

7 House of Representatives and the Senate, sum8 marizing the findings from the reports received 

9 under paragraph (1). 

10 (B) FINDINGS FROM FINAL REPORTS.—Not 

11 later than 36 months after the date of enactment 

12 of this Act, the Secretary shall provide a report 

13 to the Committee on Education and Labor of the 

14 House of Representatives, to the Committee on 

15 Health, Education, Labor and Pensions of the 

16 Senate, and to the Committees on Appropria17 tions of the House of Representatives and the 

18 Senate, summarizing the findings from the re19 ports received under paragraph (3). 

20 (g) SUPPLEMENT NOT SUPPLANT.—Amounts made 

21 available to carry out this section shall be used to supple22 ment and not supplant other Federal, State, and local pub23 lic funds expended to provide child care services for eligible 

24 individuals, including funds provided under the Child Care 
131 

•HR 925 EAH 

1 and Development Block Grant Act of 1990 (42 U.S.C. 9857 

2 et seq.) and State child care programs. 

3 (h) REALLOTMENT OF UNOBLIGATED FUNDS.— 

4 (1) UNOBLIGATED FUNDS.— A State, Indian 

5 tribe, or tribal organization that anticipates being 

6 unable to obligate all grant funds received under this 

7 section by September 30, 2022 shall notify the Sec8 retary, at least 60 days prior to such date, of the 

9 amount of funds it anticipates being unable to obli10 gate by such date. A State, Indian tribe, or tribal or11 ganization shall return to the Secretary any grant 

12 funds received under this section that the State, In13 dian tribe, or tribal organization does not obligate by 

14 September 30, 2022. 

15 (2) REALLOTMENT.—The Secretary shall award 

16 new allotments and payments, in accordance with 

17 subsection (c)(2), to covered States, Indian tribes, or 

18 tribal organizations from funds that are returned 

19 under paragraph (1) within 60 days of receiving such 

20 funds. Funds made available through the new allot21 ments and payments shall remain available to each 

22 covered State, Indian tribe, or tribal organization 

23 until September 30, 2023. 

24 (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL

25 ORGANIZATION.—For purposes of paragraph (2), a 
132 

•HR 925 EAH 

1 covered State, Indian tribe, or tribal organization is 

2 a State, Indian tribe, or tribal organization that re3 ceived an allotment or payment under this section 

4 and was not required to return grant funds under 

5 paragraph (1). 

6 (i) EXCEPTIONS.—The Child Care and Development 

7 Block Grant Act of 1990 (42 U.S.C. 9857 et seq.), excluding 

8 requirements in subparagraphs (C) through (E) of section 

9 658E(c)(3), section 658G, and section 658J(c) of such Act 

10 (42 U.S.C. 9858c(c)(3), 9858e, 9858h(c)), shall apply to 

11 child care services provided under this section to the extent 

12 the application of such Act does not conflict with the provi13 sions of this section. Nothing in this Act shall be construed 

14 to require a State, Indian tribe, or tribal organization to 

15 submit an application, other than the application described 

16 in section 658E or 658O(c) of the Child Care and Develop17 ment Block Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)), 

18 to receive a grant under this Act. 

19 (j) APPLICATION.—In carrying out the Child Care and 

20 Development Block Grant Act of 1990 with funds other than 

21 the funds made available under this heading in this Act, 

22 the Secretary shall calculate the amounts of appropriated 

23 funds described in subsections (a) and (b) of section 658O 

24 of such Act (42 U.S.C. 9858m) by excluding funds made 

25 available under this heading in this Act. 
133 

•HR 925 EAH 

1 CHILDREN AND FAMILIES SERVICES PROGRAMS

2 For an additional amount for ‘‘Children and Families 

3 Services Programs’’, $3,700,000,000, to prevent, prepare 

4 for, and respond to coronavirus, which shall be used as fol5 lows: 

6 (1) $1,700,000,000 for making payments under 

7 the Head Start Act, including for Federal adminis8 trative expenses, and allocated in an amount that 

9 bears the same ratio to such portion as the number 

10 of enrolled children served by the agency involved 

11 bears to the number of enrolled children by all Head 

12 Start agencies: Provided, That none of the funds 

13 made available in this paragraph shall be included in 

14 the calculation of the ‘‘base grant’’ in subsequent fis15 cal years, as such term is defined in sections 

16 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the 

17 Head Start Act: Provided further, That funds made 

18 available in this paragraph are not subject to the al19 location requirements of section 640(a) of the Head 

20 Start Act; 

21 (2) $100,000,000 for Family Violence Prevention 

22 and Services grants as authorized by section 303(a) 

23 and 303(b) of the Family Violence Prevention and 

24 Services Act with such funds available to grantees 

25 without regard to matching requirements under sec-
134 

•HR 925 EAH 

1 tion 306(c)(4) of such Act, of which $2,000,000 shall 

2 be for the National Domestic Violence Hotline: Pro3 vided, That the Secretary of Health and Human 

4 Services may make such funds available for providing 

5 temporary housing and assistance to victims of fam6 ily, domestic, and dating violence; 

7 (3) $75,000,000 for child welfare services as au8 thorized by subpart 1 of part B of title IV of the So9 cial Security Act (other than sections 426, 427, and 

10 429 of such subpart), with such funds available to 

11 grantees without regard to matching requirements 

12 under section 424(a) of that Act or any applicable re13 ductions in Federal financial participation under sec14 tion 424(f) of that Act; 

15 (4) $225,000,000 for necessary expenses for com16 munity-based grants for the prevention of child abuse 

17 and neglect under section 209 of the Child Abuse Pre18 vention and Treatment Act, which the Secretary shall 

19 make without regard to sections 203(b)(1) and 204(4) 

20 of such Act; 

21 (5) $100,000,000 for necessary expenses for the 

22 Child Abuse Prevention and Treatment Act State 

23 Grant program as authorized by Section 112 of such 

24 Act; and 
135 

•HR 925 EAH 

1 (6) $1,500,000,000 for necessary expenses for 

2 grants to carry out the Low-Income Household Drink3 ing Water and Wastewater Assistance program, as de4 scribed in section 303 of division U of this Act: 

5 Provided, That funds made available under this heading 

6 in this Act may be used for the purposes provided herein 

7 to reimburse costs incurred between January 20, 2020, and 

8 the date of award: Provided further, That such amount is 

9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 ADMINISTRATION FOR COMMUNITY LIVING

13 AGING AND DISABILITY SERVICES PROGRAMS

14 For an additional amount for ‘‘Aging and Disability 

15 Services Programs’’, $1,000,000,000, to prevent, prepare 

16 for, and respond to the coronavirus: Provided, That of the 

17 amount made available under this heading in this Act, 

18 $925,000,000 shall be for activities authorized under the 

19 Older Americans Act of 1965 (‘‘OAA’’), including 

20 $200,000,000 for supportive services under part B of title 

21 III; $480,000,000 for nutrition services under subparts 1 

22 and 2 of part C of title III; $20,000,000 for nutrition serv23 ices under title VI; $150,000,000 for supportive services for 

24 family caregivers under part E of title III; $44,000,000 for 

25 evidence-based health promotion and disease prevention 
136 

•HR 925 EAH 

1 services under part D of title III; $6,000,000 for aging net2 work support activities to develop targeted outreach strate3 gies to reach particularly at-risk populations, including 

4 populations targeted under section 306(a)(4)(A)(i)(l) of 

5 such Act; $20,000,000 for elder rights protection activities, 

6 including the long-term ombudsman program under title 

7 VII; and $5,000,000 shall be for grants to States to support 

8 the network of statewide senior legal services, including ex9 isting senior legal hotlines, efforts to expand such hotlines 

10 to all interested States, and legal assistance to providers, 

11 in order to ensure seniors have access to legal assistance, 

12 with such fund allotted to States consistent with paragraphs 

13 (1) through (3) of section 304(a) of the OAA: Provided fur14 ther, That State matching requirements under sections 

15 304(d)(1)(D) and 373(g)(2) of the OAA shall not apply to 

16 funds made available under this heading: Provided further, 

17 That of the amount made available under this heading in 

18 this Act, $50,000,000 shall be for activities authorized in 

19 the Developmental Disabilities Assistance and Bill of 

20 Rights Act of 2000: Provided further, That of the amount 

21 made available under this heading in this Act, $25,000,000 

22 shall be for activities authorized in the Assistive Technology 

23 Act of 2004: Provided further, That of the amount made 

24 available in the preceding proviso, $5,000,000 shall be for 

25 the purchase of equipment to allow interpreters to provide 
137 

•HR 925 EAH 

1 appropriate and essential services to the hearing-impaired 

2 community: Provided further, That for the purposes of the 

3 funding provided in the preceding proviso, during the emer4 gency period described in section 1135(g)(1)(B) of the So5 cial Security Act, for purposes of section 4(e)(2)(A) of the 

6 Assistive Technology Act of 2004, the term ‘‘targeted indi7 viduals and entities’’ (as that term is defined in section 

8 3(16) of the Assistive Technology Act of 2004) shall be 

9 deemed to include American Sign Language certified inter10 preters who are providing interpretation services remotely 

11 for individuals with disabilities: Provided further, That 

12 during such emergency period, for the purposes of the pre13 vious two provisos, to facilitate the ability of individuals 

14 with disabilities to remain in their homes and practice so15 cial distancing, the Secretary shall waive the prohibitions 

16 on the use of grant funds for direct payment for an assistive 

17 technology device for an individual with a disability under 

18 sections 4(e)(2)(A) and 4(e)(5) of such Act: Provided fur19 ther, That such amount is designated by the Congress as 

20 being for an emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 

23 For an additional amount for ‘‘Aging and Disability 

24 Services Programs’’, $175,000,000, to prevent, prepare for, 
138 

•HR 925 EAH 

1 and respond to the coronavirus, which shall be used as fol2 lows: 

3 (1) $5,000,000 for elder abuse, neglect, and ex4 ploitation forensic centers, as authorized by section 

5 2031(f) of the Social Security Act (42 U.S.C. 

6 1397l(f)); 

7 (2) $14,000,000 for grants for long-term care 

8 staffing and technology, as authorized by section 

9 2041(d) of the Social Security Act (42 U.S.C. 

10 1397m(d)); 

11 (3) $123,000,000 for adult protective services 

12 functions and grants, as authorized by sections 

13 2042(a)(2), 2042(b)(5), and 2042(c)(6) of the Social 

14 Security Act (42 U.S.C. 1397m—1); 

15 (4) $18,000,000 for long-term care ombudsman 

16 program grants and training, as authorized by sec17 tions 2043(a)(2) and 2043(b)(2) of the Social Secu18 rity Act (42 U.S.C. 1397m—2); 

19 (5) $14,000,000 for investigation systems and 

20 training, as authorized by sections 6703(b)(1)(C) and 

21 6703(b)(2)(C) of the Patient Protection and Afford22 able Care Act (42 U.S.C. 1395i—3a(b)); and 

23 (6) $1,000,000 for assessment reports, as author24 ized by section 207 of division J of this Act: 
139 

•HR 925 EAH 

1 Provided, That such amount is designated by the Congress 

2 as being for an emergency requirement pursuant to section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 OFFICE OF THE SECRETARY

6 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

7 For an additional amount for ‘‘Public Health and So8 cial Services Emergency Fund’’, $21,025,000,000, to pre9 vent, prepare for, and respond to coronavirus, domestically 

10 or internationally, including the development of necessary 

11 countermeasures and vaccines, prioritizing platform-based 

12 technologies with U.S.-based manufacturing capabilities, 

13 the purchase of vaccines, therapeutics, diagnostics, nec14 essary medical supplies, as well as medical surge capacity, 

15 addressing blood supply chain, workforce modernization, 

16 telehealth access and infrastructure, initial advanced man17 ufacturing, novel dispensing, enhancements to the U.S. 

18 Commissioned Corps, and other preparedness and response 

19 activities: Provided, That funds appropriated under this 

20 paragraph in this Act may be used to develop and dem21 onstrate innovations and enhancements to manufacturing 

22 platforms to support such capabilities: Provided further, 

23 That the Secretary of Health and Human Services shall 

24 purchase vaccines developed using funds made available 

25 under this paragraph in this Act to respond to an outbreak 
140 

•HR 925 EAH 

1 or pandemic related to coronavirus in quantities deter2 mined by the Secretary to be adequate to address the public 

3 health need: Provided further, That products purchased by 

4 the Federal government with funds made available under 

5 this paragraph in this Act, including vaccines, therapeutics, 

6 and diagnostics, shall be purchased in accordance with Fed7 eral Acquisition Regulation guidance on fair and reason8 able pricing: Provided further, That the Secretary may take 

9 such measures authorized under current law to ensure that 

10 vaccines, therapeutics, and diagnostics developed from 

11 funds provided in this Act will be affordable in the commer12 cial market: Provided further, That in carrying out the pre13 vious proviso, the Secretary shall not take actions that delay 

14 the development of such products: Provided further, That 

15 products purchased with funds appropriated under this 

16 paragraph in this Act may, at the discretion of the Sec17 retary of Health and Human Services, be deposited in the 

18 Strategic National Stockpile under section 319F–2 of the 

19 Public Health Service Act: Provided further, That funds ap20 propriated under this paragraph in this Act may be trans21 ferred to, and merged with, the fund authorized by section 

22 319F–4, the Covered Countermeasure Process Fund, of the 

23 Public Health Service Act: Provided further, That of the 

24 amount made available under this paragraph in this Act, 

25 $20,000,000,000 shall be available to the Biomedical Ad-
141 

•HR 925 EAH 

1 vanced Research and Development Authority for necessary 

2 expenses of advanced research, development, manufacturing, 

3 production, and purchase of vaccines, therapeutics, and an4 cillary medical products to prevent the spread of SARS5 CoV-2 and COVID-19, as described in section 702 of divi6 sion K of this Act: Provided further, That of the amount 

7 made available under this paragraph in this Act, 

8 $500,000,000 shall be available to the Biomedical Advanced 

9 Research and Development Authority for the construction, 

10 renovation, or equipping of U.S.-based next generation 

11 manufacturing facilities, other than facilities owned by the 

12 United States Government: Provided further, That of the 

13 amount made available under this paragraph in this Act, 

14 $500,000,000 shall be available to the Biomedical Advanced 

15 Research and Development Authority to promote innova16 tion in antibacterial research and development: Provided 

17 further, That funds made available under this paragraph 

18 in this Act may be used for grants for the rent, lease, pur19 chase, acquisition, construction, alteration, or renovation of 

20 non-Federally owned facilities to improve preparedness and 

21 response capability at the State and local level: Provided 

22 further, That funds appropriated under this paragraph in 

23 this Act may be used for the construction, alteration, ren24 ovation or equipping of non-Federally owned facilities for 

25 the production of vaccines, therapeutics, diagnostics, and 
142 

•HR 925 EAH 

1 medicines and other items purchased under section 319F– 

2 2(a) of the Public Health Service Act where the Secretary 

3 determines that such a contract is necessary to assure suffi4 cient domestic production of such supplies: Provided fur5 ther, That all construction, alteration, or renovation work, 

6 carried out, in whole or in part, with fund appropriated 

7 under this heading in this Act, the CARES Act (P.L. 116– 

8 136), or the Paycheck Protection Program and Health Care 

9 Enhancement Act (P.L. 116–139), shall be subject to the 

10 requirements of 42 U.S.C. 300s-1(b)(1)(I): Provided further, 

11 That not later than seven days after the date of enactment 

12 of this Act, and weekly thereafter until the public health 

13 emergency related to coronavirus is no longer in effect, the 

14 Secretary shall report to the Committees on Appropriations 

15 of the House of Representatives and the Senate on the cur16 rent inventory of ventilators and personal protective equip17 ment in the Strategic National Stockpile, including the 

18 numbers of face shields, gloves, goggles and glasses, gowns, 

19 head covers, masks, and respirators, as well as deployment 

20 of ventilators and personal protective equipment during the 

21 previous week, reported by state and other jurisdiction: Pro22 vided further, That not later than the first Monday in Feb23 ruary of fiscal year 2021 and each fiscal year thereafter, 

24 the Secretary shall include in the annual budget submission 

25 for the Department, and submit to the Congress, the Sec-
143 

•HR 925 EAH 

1 retary’s request with respect to expenditures necessary to 

2 maintain the minimum level of relevant supplies in the 

3 Strategic National Stockpile, including in case of a signifi4 cant pandemic, in consultation with the working group 

5 under section 319F(a) of the Public Health Service Act and 

6 the Public Health Emergency Medical Countermeasures 

7 Enterprise established under section 2811–1 of such Act: 

8 Provided further, That such amount is designated by the 

9 Congress as being for an emergency requirement pursuant 

10 to section 251(b)(2)(A)(i) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985. 

12 For an additional amount for ‘‘Public Health and So13 cial Services Emergency Fund’’, $50,000,000,000, to re14 main available until expended, to prevent, prepare for, and 

15 respond to coronavirus, for necessary expenses to make pay16 ments under the Health Care Provider Relief Fund as de17 scribed in section 611 of division K of this Act: Provided, 

18 That such amount is designated by the Congress as being 

19 for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 For an additional amount for ‘‘Public Health and So23 cial Services Emergency Fund’’, $75,000,000,000, to re24 main available until expended, to prevent, prepare for, and 

25 respond to coronavirus, for necessary expenses to carry out 
144 

•HR 925 EAH 

1 the COVID–19 National Testing and Contact Tracing Ini2 tiative, as described in subtitle D of title V of division K 

3 of this Act: Provided, That such amount is designated by 

4 the Congress as being for an emergency requirement pursu5 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

6 Emergency Deficit Control Act of 1985. 

7 DEPARTMENT OF EDUCATION 

8 STATE FISCAL STABILIZATION FUND

9 For an additional amount for ‘‘State Fiscal Stabiliza10 tion Fund’’, $208,058,000,000, to prevent, prepare for, and 

11 respond to coronavirus: Provided, That the Secretary of 

12 Education (referred to under this heading as ‘‘Secretary’’) 

13 shall make grants to the Governor of each State for support 

14 of elementary, secondary, and postsecondary education and, 

15 as applicable, early childhood education programs and serv16 ices: Provided further, That of the amount made available, 

17 the Secretary shall first allocate up to one-half of 1 percent 

18 to the outlying areas and one-half of 1 percent to the Bu19 reau of Indian Education (‘‘BIE’’) for BIE-funded schools 

20 and Tribal Colleges or Universities for activities consistent 

21 with this heading under such terms and conditions as the 

22 Secretary may determine and in consultation with the Sec23 retary of the Interior: Provided further, That the Secretary 

24 may reserve up to $30,000,000 for administration and over25 sight of the activities under this heading: Provided further, 
145 

•HR 925 EAH 

1 That the Secretary shall allocate 61 percent of the remain2 ing funds made available to carry out this heading to the 

3 States on the basis of their relative population of individ4 uals aged 5 through 24 and allocate 39 percent on the basis 

5 of their relative number of children counted under section 

6 1124(c) of the Elementary and Secondary Education Act 

7 of 1965 (referred to under this heading as ‘‘ESEA’’) as 

8 State grants: Provided further, That State grants shall sup9 port statewide elementary, secondary, and postsecondary 

10 activities; subgrants to local educational agencies; and, sub11 grants to public institutions of higher education: Provided 

12 further, That States shall allocate 85 percent of the funds 

13 received under the fourth proviso as subgrants to local edu14 cational agencies in proportion to the amount of funds such 

15 local educational agencies received under part A of title I 

16 of the ESEA in the most recent fiscal year: Provided fur17 ther, That subgrants provided under the preceding proviso 

18 shall be administered by State educational agencies: Pro19 vided further, That States shall allocate 13 percent of the 

20 funds received under the fourth proviso as subgrants to pub21 lic institutions of higher education, of which 75 percent 

22 shall be apportioned according to the relative share in the 

23 State of students who received Pell Grants who are not ex24 clusively enrolled in distance education courses prior to the 

25 coronavirus emergency at the institution in the previous 
146 

•HR 925 EAH 

1 award year and 25 percent shall be apportioned according 

2 to the relative share in the State of the total enrollment of 

3 students at the institution who are not exclusively enrolled 

4 in distance education courses prior to the coronavirus emer5 gency at the institution in the previous award year: Pro6 vided further, That the Governor may use any funds re7 ceived under the fourth proviso that are not specifically re8 served under this heading for additional support to elemen9 tary, secondary, and postsecondary education, including 

10 supports for under-resourced institutions, institutions with 

11 high burden due to the coronavirus, and institutions who 

12 did not possess distance education capabilities prior to the 

13 coronavirus emergency: Provided further, That the Gov14 ernor shall return to the Secretary any funds received that 

15 the Governor does not award to local educational agencies 

16 and public institutions of higher education or otherwise 

17 commit within two years of receiving such funds, and the 

18 Secretary shall reallocate such funds to the remaining 

19 States in accordance with the fourth proviso: Provided fur20 ther, That Governors shall use State grants and subgrants 

21 to maintain or restore State and local fiscal support for 

22 elementary, secondary and postsecondary education: Pro23 vided further, That funds for local educational agencies 

24 may be used for any activity authorized by the ESEA, in25 cluding the Native Hawaiian Education Act and the Alaska 
147 

•HR 925 EAH 

1 Native Educational Equity, Support, and Assistance Act, 

2 the Individuals with Disabilities Education Act (‘‘IDEA’’), 

3 subtitle B of title VII of the McKinney-Vento Homeless As4 sistance Act, the Adult Education and Family Literacy Act 

5 or the Carl D. Perkins Career and Technical Education Act 

6 of 2006 (‘‘the Perkins Act’’): Provided further, That a State 

7 or local educational agency receiving funds under this head8 ing may use the funds for activities coordinated with State, 

9 local, tribal, and territorial public health departments to 

10 detect, prevent, or mitigate the spread of infectious disease 

11 or otherwise respond to coronavirus; support online learn12 ing by purchasing educational technology and internet ac13 cess for students, which may include assistive technology or 

14 adaptive equipment, that aids in regular and substantive 

15 educational interactions between students and their class16 room instructor; provide ongoing professional development 

17 to staff in how to effectively provide quality online aca18 demic instruction; provide assistance for children and fami19 lies to promote equitable participation in quality online 

20 learning; plan and implement activities related to supple21 mental afterschool programs and summer learning, includ22 ing providing classroom instruction or quality online learn23 ing during the summer months; plan for and coordinate 

24 during long-term closures, provide technology for quality 

25 online learning to all students, and how to support the 
148 

•HR 925 EAH 

1 needs of low-income students, racial and ethnic minorities, 

2 students with disabilities, English learners (including 

3 through such activities as are authorized under Title III 

4 of the ESEA, such as ensuring the access of English learners 

5 to online learning, supporting professional development on 

6 digital instruction for English learners, engagement with 

7 the parents of English learners, expanded summer and 

8 after-school programs, and mental health supports), stu9 dents experiencing homelessness, and children in foster care, 

10 including how to address learning gaps that are created or 

11 exacerbated due to long-term closures; support the con12 tinuity of student engagement through social and emotional 

13 learning; and other activities that are necessary to main14 tain the operation of and continuity of services in local edu15 cational agencies, including maintaining employment of 

16 existing personnel, and reimbursement for eligible costs in17 curred during the national emergency: Provided further, 

18 That a public institution of higher education that receives 

19 funds under this heading shall use funds for education and 

20 general expenditures (including defraying expenses due to 

21 lost revenue, reimbursement for expenses already incurred, 

22 and payroll) and grants to students for expenses directly 

23 related to coronavirus and the disruption of campus oper24 ations (which may include emergency financial aid to stu25 dents for tuition, food, housing, technology, health care, and 
149 

•HR 925 EAH 

1 child care costs that shall not be required to be repaid by 

2 such students) or for the acquisition of technology and serv3 ices directly related to the need for distance education and 

4 the training of faculty and staff to use such technology and 

5 services (which shall not include payment to contractors for 

6 the provision of pre-enrollment recruitment activities): Pro7 vided further, That an institution of higher education may 

8 not use funds received under this heading to increase its 

9 endowment or provide funding for capital outlays associ10 ated with facilities related to athletics, sectarian instruc11 tion, or religious worship: Provided further, That funds 

12 may be used to support hourly workers, such as education 

13 support professionals, classified school employees, and ad14 junct and contingent faculty: Provided further, That a Gov15 ernor of a State desiring to receive an allocation under this 

16 heading shall submit an application at such time, in such 

17 manner, and containing such information as the Secretary 

18 may reasonably require: Provided further, That the Sec19 retary shall issue a notice inviting applications not later 

20 than 15 days after the date of enactment of this Act: Pro21 vided further, That any State receiving funding under this 

22 heading shall maintain its percent of total spending on ele23 mentary, secondary, and postsecondary education in fiscal 

24 year 2019 for fiscal years 2020, 2021, and 2022: Provided 

25 further, That a State’s application shall include assurances 
150 

•HR 925 EAH 

1 that the State will maintain support for elementary and 

2 secondary education in fiscal year 2020, fiscal year 2021, 

3 and fiscal year 2022 at least at the level of such support 

4 that is the average of such State’s support for elementary 

5 and secondary education in the 3 fiscal years preceding the 

6 fiscal year for which State support for elementary and sec7 ondary education is provided: Provided further, That any 

8 State receiving funding under this heading shall maintain 

9 or exceed its per pupil spending on elementary and sec10 ondary education in fiscal year 2019 or the proportion of 

11 such State’s spending on elementary and secondary edu12 cation in fiscal year 2019 for fiscal years 2020, 2021, and 

13 2022: Provided further, That a State educational agency 

14 shall only be eligible to receive funds under this Act if the 

15 State in which such agency is located, in either of fiscal 

16 years 2021 and 2022, does not reduce State funding for a 

17 high-need local educational agency (defined as a local edu18 cational agency that has a higher percentage of economi19 cally disadvantaged students than the median local edu20 cational agency in the state) such that the per-pupil reduc21 tion in State funds in each such high-need local educational 

22 agency is more than the overall per-pupil reduction in State 

23 funds, as calculated by the total reduction in State funds 

24 provided to all local educational agencies in the State di25 vided by the total student enrollment across all local edu-
151 

•HR 925 EAH 

1 cational agencies in the State: Provided further, That a 

2 State’s application shall include assurances that the State 

3 will maintain State support for higher education (not in4 cluding support for capital projects or for research and de5 velopment or tuition and fees paid by students) in fiscal 

6 year 2020, fiscal year 2021, and fiscal year 2022 at least 

7 at the level of such support that is the average of such 

8 State’s support for higher education (which shall include 

9 State and local government funding to institutions of higher 

10 education and state financial aid) in the 3 fiscal years pre11 ceding the fiscal year for which State support for higher 

12 education is provided, and that any such State’s support 

13 for higher education funding, as calculated as spending for 

14 public higher education per full-time equivalent student, 

15 shall be at least the same in fiscal year 2022 as it was 

16 in fiscal year 2019: Provided further, That in such applica17 tion, the Governor shall provide baseline data that dem18 onstrates the State’s current status in each of the areas de19 scribed in such assurances in the preceding provisos: Pro20 vided further, That a State’s application shall include as21 surances that the State will not construe any provisions 

22 under this heading as displacing any otherwise applicable 

23 provision of any collective-bargaining agreement between 

24 an eligible entity and a labor organization as defined by 

25 section 2(5) of the National Labor Relations Act (29 U.S.C. 
152 

•HR 925 EAH 

1 152(5)) or analogous State law: Provided further, That a 

2 State’s application shall include assurances that the State 

3 shall maintain the wages, benefits, and other terms and con4 ditions of employment set forth in any collective-bargaining 

5 agreement between the eligible entity and a labor organiza6 tion, as defined in the preceding proviso: Provided further, 

7 That a State’s application shall include assurances that all 

8 students with disabilities (as defined by section 602 of 

9 IDEA) are afforded their full rights under IDEA, including 

10 all rights and services outlined in individualized education 

11 programs (‘‘IEPs’’) (as defined in section 614(d) of IDEA), 

12 individualized family services plans (as defined by section 

13 636 of IDEA), and in section 504 of the Rehabilitation Act 

14 of 1973: Provided further, That a State receiving funds 

15 under this heading shall submit a report to the Secretary, 

16 at such time and in such manner as the Secretary may 

17 require, that describes the use of funds provided under this 

18 heading: Provided further, That no recipient of funds under 

19 this heading shall use funds to provide financial assistance 

20 to students to attend private elementary or secondary 

21 schools, unless such funds are used to provide special edu22 cation and related services to children with disabilities 

23 whose IEPs require such placement, and where the school 

24 district maintains responsibility for providing such chil25 dren a free appropriate public education, as authorized by 
153 

•HR 925 EAH 

1 IDEA: Provided further, That a local educational agency, 

2 State, institution of higher education, or other entity that 

3 receives funds under ‘‘State Fiscal Stabilization Fund’’, 

4 shall to the greatest extent practicable, continue to pay its 

5 employees and contractors during the period of any disrup6 tions or closures related to coronavirus: Provided further, 

7 That the terms ‘‘elementary education’’ and ‘‘secondary 

8 education’’ have the meaning given such terms under State 

9 law: Provided further, That the term ‘‘institution of higher 

10 education’’ has the meaning given such term in section 101 

11 of the Higher Education Act of 1965: Provided further, That 

12 the term ‘‘fiscal year’’ shall have the meaning given such 

13 term under State law: Provided further, That the term 

14 ‘‘State’’ means each of the 50 States, the District of Colum15 bia, and the Commonwealth of Puerto Rico: Provided fur16 ther, That such amount is designated by the Congress as 

17 being for an emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY

21 FACILITIES AID

22 For an additional amount for ‘‘Elementary and Sec23 ondary School Emergency Facilities Aid’’, $5,000,000,000 

24 to prevent, prepare for, and respond to coronavirus: Pro25 vided, That such amount is designated by the Congress as 
154 

•HR 925 EAH 

1 being for an emergency requirement pursuant to section 

2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 ADMINISTRATIVE PROVISION—ELEMENTARY AND

5 SECONDARY SCHOOL EMERGENCY FACILITIES AID

6 SEC. 804. (a)(1) GRANTS.—From the amount made 

7 available under this heading in this Act, the Secretary shall 

8 make elementary and secondary school emergency facilities 

9 grants to each State educational agency with an approved 

10 application. The Secretary shall issue a notice inviting ap11 plications not later than 30 days of enactment of this Act 

12 and approve or deny applications not later than 30 days 

13 after receipt. 

14 (2) For purposes of this section, a State des15 ignated agency shall mean the State educational 

16 agency, unless the Governor of a State designates a 

17 State agency other than the educational agency as re18 sponsible for school facilities improvement under this 

19 section and informs the Secretary of such designation 

20 and the term ‘‘State’’ means each of the 50 States, the 

21 District of Columbia, and the Commonwealth of Puer22 to Rico . 

23 (b)(1) ALLOCATIONS TO STATES.—The amount of each 

24 grant under subsection (a) shall be allocated by the Sec25 retary to each State in the same proportion as each State 
155 

•HR 925 EAH 

1 received under part A of title I of the ESEA of 1965 in 

2 the most recent fiscal year. 

3 (2) STATE RESERVATION.—A State may reserve 

not more than 1 4 ⁄2 of 1 percent for administration 

5 costs. 

6 (3) RESERVATION FOR OUTLYING AREAS AND BU7 REAU OF INDIAN EDUCATION-FUNDED SCHOOLS.—The 

8 Secretary shall reserve from the amount made avail9 able under this heading in this Act— 

10 (A) one-half of 1 percent, to provide assist11 ance to the outlying areas; and 

12 (B) one-half of 1 percent, for payments to 

13 the Secretary of the Interior to provide assist14 ance to Bureau of Indian Education-funded 

15 schools. 

16 (c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

17 Within 60 days of the State’s approved application under 

18 paragraph (a), each State shall allocate the remaining 

19 grant funds awarded to the State under this section as sub20 grants to local educational agencies in the State, with the 

21 grant funds allocated to the local educational agencies with 

22 the highest percentages of students eligible for a free or re23 duced price lunch under the Richard B. Russell National 

24 School Lunch Act (42. U.S.C. 1751 et. seq.) with the public 
156 

•HR 925 EAH 

1 school facilities with the highest needs related to the 

2 coronavirus as determined by the State. 

3 (1) PUBLIC NOTICE.—The State educational 

4 agency shall make subgrant information available to 

5 the public on the State educational agency website, 

6 including the local educational agencies that received 

7 subgrant awards and the amounts provided to each 

8 local educational agency. 

9 (2) SUBGRANT APPLICATIONS.—To be considered 

10 for a subgrant under this section, a qualified local 

11 educational agency shall submit an application to the 

12 State educational agency that shall include at min13 imum— 

14 (A) a description of the coronavirus-related 

15 school facility needs within the local educational 

16 agency; and 

17 (B) an estimate of how much addressing the 

18 coronavirus-related facility needs will cost. 

19 (d) USES OF FUNDS.—A local educational agency that 

20 receives funds under this section may use the funds for any 

21 of the following: 

22 (1) School facility repairs and improvements to 

23 enable operation of schools to reduce risk of virus 

24 transmission and exposure to environmental health 

25 hazards, and to support student health needs. 
157 

•HR 925 EAH 

1 (2) Inspection, testing, maintenance, repair, re2 placement, and upgrade projects to improve the in3 door air quality in school facilities, including me4 chanical and non-mechanical heating, ventilation, 

5 and air conditioning systems, filtering, purification 

6 and other air cleaning, fans, control systems, and 

7 window and door repair and replacement. 

8 (3) School facility repairs and improvements to 

9 support improved personal hygiene, such as repair, 

10 replacement, and installation of sinks for hand wash11 ing and touchless water dispensers for drinking, and 

12 health isolation areas. 

13 (4) Inspection, testing, maintenance, repair, and 

14 replacement of school facility potable water systems to 

15 provide safe drinking water after prolonged shutoffs. 

16 (5) Improvements to finishes, such as painting 

17 and other surface repair, needed to enable effective 

18 sanitizing. 

19 (6) Improvements to school grounds needed to en20 able outdoor instruction and other physically 

21 distanced school activities. 

22 (7) Training of school facility staff in associa23 tion with the above uses of funds. 
158 

•HR 925 EAH 

1 (8) Planning, assessment, management, design, 

2 renovation, repair and construction activities in asso3 ciation with the above uses of funds. 

4 (9) Inspection, testing, maintenance, repair, re5 placement, and upgrade projects to electrical systems 

6 to allow or improve information technology to provide 

7 virtual education. 

8 (e) PRIORITY.—A local educational agency that re9 ceives funds under this section shall prioritize funds for its 

10 school facilities that have the most significant facility im11 provement needs with respect to responding to covid-19, in12 cluding those identified by the Centers for Disease Control 

13 and Prevention. 

14 (f) REPORTING.—(1) The local educational agency 

15 shall include the following information in a report to the 

16 State educational agency within 60 days of receipt of grant 

17 funds— 

18 (A) which schools benefitted from the funds in 

19 this section; 

20 (B) how much funding each selected school re21 ceived; and 

22 (C) a description of how the grant funds were 

23 used. 
159 

•HR 925 EAH 

1 (2) The State educational agency shall include the fol2 lowing information in a report to the Secretary within 6 

3 months of receipt of grant funds— 

4 (A) which local educational agencies received 

5 funding; 

6 (B) how much funding was awarded to each re7 ceiving local educational agency; and 

8 (C) a summary on the uses of funds for projects 

9 receiving funds under this section, including the 

10 amount of local or state funds, if any, applied to 

11 projects. 

12 (3) The Secretary shall prepare and submit a report 

13 to the Committees on Appropriations of the House of Rep14 resentatives and the Senate, the Committee on Education 

15 and Labor of the House of Representatives, and the Com16 mittee on Health, Education, Labor and Pensions of the 

17 Senate within 10 months of the date of enactment of this 

18 Act, that includes a summary of the types of projects that 

19 were funded with the grants. 

20 HIGHER EDUCATION

21 For an additional amount for ‘‘Higher Education’’, 

22 $11,942,000,000 to prevent, prepare for, and respond to 

23 coronavirus, of which $11,000,000 shall be transferred to 

24 ‘‘National Technical Institute for the Deaf’’ to help defray 

25 expenses (which may include lost revenue, reimbursement 
160 

•HR 925 EAH 

1 for expenses already incurred, technology costs associated 

2 with a transition to distance education, sign language and 

3 captioning costs associated with a transition to distance 

4 education, faculty and staff trainings, and payroll) directly 

5 caused by coronavirus and to enable emergency financial 

6 aid to students for expenses directly related to coronavirus 

7 and the disruption of university operations (which may in8 clude food, housing, transportation, technology, health care, 

9 and child care), of which $20,000,000 shall be transferred 

10 to ‘‘Howard University’’ to help defray expenses (which 

11 may include lost revenue, reimbursement for expenses al12 ready incurred, technology costs associated with a transi13 tion to distance education, technology costs associated with 

14 a transition to distance education, faculty and staff 

15 trainings, and payroll) directly related to coronavirus and 

16 to enable grants to students for expenses directly related to 

17 coronavirus and the disruption of university operations 

18 (which may include food, housing, transportation, tech19 nology, health care, and child care), of which $11,000,000 

20 shall be transferred to ‘‘Gallaudet University’’ to help de21 fray expenses (which may include lost revenue, reimburse22 ment for expenses already incurred, technology costs associ23 ated with a transition to distance education, sign language 

24 and captioning costs associated with a transition to dis25 tance education, faculty and staff trainings, and payroll) 
161 

•HR 925 EAH 

1 directly related to coronavirus and to enable grants to stu2 dents for expenses directly related to coronavirus and the 

3 disruption of university operations (which may include 

4 food, housing, transportation, technology, health care, and 

5 child care), and of which the remaining amounts shall be 

6 used to carry out parts A and B of title III, parts A and 

7 B of title V, subpart 4 of part A of title VII, and part B 

8 of title VII of the Higher Education Act of 1965 (‘‘HEA’’) 

9 as follows: 

10 (1) $3,500,000,000 for parts A and B of title III, 

11 parts A and B of title V, and subpart 4 of part A 

12 of title VII of the HEA to address needs directly re13 lated to coronavirus: Provided, That such amount 

14 shall be allocated by the Secretary proportionally to 

15 such programs covered under this paragraph and 

16 based on the relative share of funding appropriated to 

17 such programs in the Further Consolidated Appro18 priations Act, 2020 (Public Law 116–94) and distrib19 uted to institutions of higher education as follows: 

20 (A) Except as otherwise provided in sub21 paragraph (B), for eligible institutions under 

22 part B of title III and subpart 4 of part A of 

23 title VII of the Higher Education Act, the Sec24 retary shall allot to each eligible institution an 

25 amount using the following formula: 
162 

•HR 925 EAH 

1 (i) 70 percent according to a ratio 

2 equivalent to the number of Pell Grant re3 cipients in attendance at such institution at 

4 the end of the school year preceding the be5 ginning of that fiscal year and the total 

6 number of Pell Grant recipients at all such 

7 institutions; 

8 (ii) 20 percent according to a ratio 

9 equivalent to the total number of students 

10 enrolled at such institution at the end of the 

11 school year preceding the beginning of that 

12 fiscal year and the number of students en13 rolled at all such institutions; and 

14 (iii) 10 percent according to a ratio 

15 equivalent to the total endowment size at all 

16 eligible institutions at the end of the school 

17 year preceding the beginning of that fiscal 

18 year and the total endowment size at such 

19 institutions; 

20 (B) For eligible institutions under section 

21 326 of the Higher Education Act, the Secretary 

22 shall allot to each eligible institution an amount 

23 in proportion to the award received from fund24 ing for such institutions in the Further Consoli-
163 

•HR 925 EAH 

1 dated Appropriations Act, 2020 (Public Law 

2 116–94); 

3 (C) For eligible institutions under section 

4 316 of the Higher Education Act, the Secretary 

5 shall allot funding according to the formula in 

6 section 316(d)(3) of the Higher Education Act; 

7 (D) Notwithstanding section 318(f) of the 

8 Higher Education Act, for eligible institutions 

9 under section 318 of the Higher Education Act, 

10 the Secretary shall allot funding according to the 

11 formula in section 318(e) of the Higher Edu12 cation Act; 

13 (E) Except as provided in subparagraphs 

14 (C) and (D), for eligible institutions under part 

15 A of title III of the Higher Education Act and 

16 parts A and B of title V, the Secretary shall 

17 issue an application for eligible institutions to 

18 demonstrate unmet need, and the Secretary shall 

19 allow eligible institutions to apply for funds 

20 under one of the programs for which they are eli21 gible. 

22 (2) $8,400,000,000 for part B of title VII of the 

23 HEA for institutions of higher education (as defined 

24 in section 101 or 102(c) of the HEA) to address needs 

25 directly related to coronavirus as follows: 
164 

•HR 925 EAH 

1 (A) $7,000,000,000 shall be provided to pri2 vate, nonprofit institutions of higher education, 

3 by apportioning— 

4 (i) 75 percent according to the relative 

5 share of enrollment of Federal Pell Grant 

6 recipients who are not exclusively enrolled 

7 in distance education courses prior to the 

8 coronavirus emergency; and 

9 (ii) 25 percent according to the relative 

10 share of the total enrollment of students who 

11 were not Federal Pell Grant recipients who 

12 are not exclusively enrolled in distance edu13 cation courses prior to the coronavirus 

14 emergency. 

15 (B) $1,400,000,000 shall be for institutions 

16 of higher education with unmet need related to 

17 the coronavirus, including institutions of higher 

18 education that offer their courses and programs 

19 exclusively through distance education: 

20 Provided, That funds shall be used to make payments to 

21 such institutions to provide emergency grants to students 

22 who attended such institutions at any point during the 

23 coronavirus emergency and for any component of the stu24 dent’s cost of attendance (as defined under section 472 of 

25 the HEA), including tuition, food, housing, course mate-
165 

•HR 925 EAH 

1 rials, technology, health care, and child care): Provided fur2 ther, That institutions of higher education may use such 

3 funds to defray expenses (including lost revenue, reimburse4 ment for expenses already incurred, technology costs associ5 ated with a transition to distance education, faculty and 

6 staff trainings, and payroll) incurred by institutions of 

7 higher education: Provided further, That such payments 

8 shall not be used to increase endowments, to pay contractors 

9 for the provision of pre-enrollment recruitment activities, 

10 or provide funding for capital outlays associated with fa11 cilities related to athletics, sectarian instruction, or reli12 gious worship: Provided further, That any private, non13 profit institution of higher education that is not otherwise 

14 eligible for a grant of at least $1,000,000 under paragraph 

15 (2)(A)(ii) of this heading and has a total enrollment of at 

16 least 500 students shall be eligible to receive, from amounts 

17 reserved under paragraph (2)(A)(i), an amount equal to 

18 whichever is the lesser of the total loss of revenue and in19 creased costs associated with the coronavirus or $1,000,000: 

20 Provided further, That of the funds provided under para21 graph 2(B), the Secretary shall make an application avail22 able for institutions of higher education to demonstrate 

23 unmet need, which shall include for this purpose a dramatic 

24 decline in revenue as a result of campus closure, exceptional 

25 costs or challenges implementing distance education plat-
166 

•HR 925 EAH 

1 forms due to lack of a technological infrastructure, serving 

2 a large percentage of students who lack access to adequate 

3 technology to move to distance education, serving a region 

4 or community that has been especially impacted by in5 creased unemployment and displaced workers, serving com6 munities or regions where the number of coronavirus cases 

7 has imposed exceptional costs on the institution, and other 

8 criteria that the Secretary shall identify after consultation 

9 with institutions of higher education or their representa10 tives: Provided further, That no institution may receive an 

11 award under the preceding proviso unless it has submitted 

12 an application that describes the impact of the coronavirus 

13 on the institution and the ways that the institution will 

14 use the funds to ameliorate such impact: Provided further, 

15 That the Secretary shall reallocate any funds received from 

16 an institution to remaining institutions in accordance with 

17 paragraph 2(A): Provided further, That the Secretary shall 

18 brief the Committees on Appropriations fifteen days in ad19 vance of making any application available for funds under 

20 paragraph (2)(B): Provided further, That such amount is 

21 designated by the Congress as being for an emergency re22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985. 
167 

•HR 925 EAH 

1 INSTITUTE OF EDUCATION SCIENCES

2 For an additional amount for ‘‘Institute of Education 

3 Sciences’’, $32,000,000 to prevent, prepare for, and respond 

4 to coronavirus for carrying out the National Assessment of 

5 Educational Progress Authorization Act (title III of Public 

6 Law 107–279): Provided, That such amount is designated 

7 by the Congress as being for an emergency requirement pur8 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 DEPARTMENTAL MANAGEMENT

11 OFFICE OF INSPECTOR GENERAL

12 For an additional amount for ‘‘Office of Inspector 

13 General’’, $7,000,000, to remain available until expended, 

14 to prevent, prepare for, and respond to coronavirus, includ15 ing for salaries and expenses necessary for oversight, inves16 tigations and audits of programs, grants, and projects fund17 ed in this Act to respond to coronavirus: Provided, That 

18 such amount is designated by the Congress as being for an 

19 emergency requirement pursuant to section 251(b)(2)(A)(i) 

20 of the Balanced Budget and Emergency Deficit Control Act 

21 of 1985. 

22 GENERAL PROVISIONS—DEPARTMENT OF EDUCATION

23 SEC. 805. The remaining unobligated balances of funds 

24 made available to ‘‘Department of Education—Office of In25 spector General’’ in title VIII of division B of the CARES 
168 

•HR 925 EAH 

1 Act (Public Law 116–136) are hereby rescinded, and an 

2 amount of additional new budget authority equivalent to 

3 the amount rescinded is hereby appropriated, for an addi4 tional amount for fiscal year 2021, to remain available 

5 until expended, for the same purposes and under the same 

6 authorities as they were originally appropriated, and shall 

7 be in addition to any other funds available for such pur8 poses: Provided, That the amounts appropriated by this sec9 tion may also be used for investigations and are available 

10 until expended: Provided further, That amounts rescinded 

11 pursuant to this section that were previously designated by 

12 the Congress as an emergency requirement pursuant to the 

13 Balanced Budget and Emergency Deficit Control Act of 

14 1985 are designated by the Congress as being for an emer15 gency requirement pursuant to section 251(b)(2)(A)(i) of 

16 the Balanced Budget and Emergency Deficit Control Act 

17 of 1985: Provided further, That such amount is designated 

18 by the Congress as being for an emergency requirement pur19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 SEC. 806. Section 18004(c) of the Coronavirus Aid, 

22 Relief, and Economic Security Act (P.L. 116–136) is 

23 amended by striking ‘‘to cover any costs associated with sig24 nificant changes to the delivery of instruction due to the 

25 coronavirus’’ and inserting ‘‘to defray expenses (including 
169 

•HR 925 EAH 

1 lost revenue, reimbursement for expenses already incurred, 

2 technology costs associated with a transition to distance 

3 education, faculty and staff trainings, payroll) incurred by 

4 institutions of higher education.’’: Provided, That amounts 

5 repurposed pursuant to the amendment made by this sec6 tion that were previously designated by the Congress as an 

7 emergency requirement pursuant to the Balanced Budget 

8 and Emergency Deficit Control Act of 1985 are designated 

9 by the Congress as an emergency requirement pursuant to 

10 section 251(b)(2)(A)(i) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985. 

12 SEC. 807. With respect to the allocation and award 

13 of funds under this title, the Secretary of Education is pro14 hibited from— 

15 (a) establishing a priority or preference not specified 

16 in this title; and 

17 (b) imposing limits on the use of such funds not speci18 fied in this title. 

19 SEC. 808. (a) LOCAL ACTIVITIES AND IN-PERSON

20 CARE.—Notwithstanding each provision in part B of title 

21 IV of the Elementary and Secondary Education Act of 1965 

22 (20 U.S.C. 7171 et seq.) that requires activities under such 

23 part to be carried out during nonschool hours or periods 

24 when school is not in session, for school year 2020–2021, 

25 an eligible entity that is awarded a subgrant under section 
170 

•HR 925 EAH 

1 4204 of such Act (20 U.S.C. 7174) for community learning 

2 centers may use such subgrant funds— 

3 (1) to carry out activities described in section 

4 4205 of such Act (20 U.S.C. 7175), regardless of 

5 whether such activities are conducted in-person or 

6 virtually, or during school hours or when school is in 

7 session; and 

8 (2) to provide in-person care during— 

9 (A) the regular school day for students eligi10 ble to receive services under part B of title IV of 

11 such Act (20 U.S.C. 7171 et seq.); and 

12 (B) a period in which full-time in-person 

13 instruction is not available for all such students 

14 served by such eligible entity. 

15 (b) REQUIREMENTS.—An eligible entity may carry out 

16 the activities described in subsection (a)(1) and the in-per17 son care described in subsection (a)(2) if— 

18 (1) such activities and in-person care supple19 ment but do not supplant regular school day require20 ments; 

21 (2) such eligible entity complies with section 

22 4204(b)(2)(D) of the Elementary and Secondary Edu23 cation Act of 1965 (20 U.S.C. 7174(b)(2)(D)) with re24 spect to the activities carried out pursuant to this 

25 Act; and 
171 

•HR 925 EAH 

1 (3) such eligible entity specifies in an applica2 tion for a subgrant under section 4204(b) of such Act 

3 (20 U.S.C. 7174(b)) with respect to such school year 

4 (or in an addendum to such application) how the 

5 subgrant funds will be used to carry out such activi6 ties or to provide such in-person care, or both. 

7 (c) EMERGENCY DESIGNATION.—The amounts pro8 vided by this section are designated by the Congress as being 

9 for an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 SEC. 809. The Secretary of Education may allow funds 

13 appropriated for grants under part B of title I and title 

14 VI of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) 

15 for fiscal year 2020 to be available for obligation and ex16 penditure during fiscal years 2020 and 2021: Provided, 

17 That the amounts provided by this section are designated 

18 by the Congress as being for an emergency requirement pur19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 RELATED AGENCIES 

22 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

23 For an additional amount for the ‘‘Corporation for 

24 National and Community Service’’ (referred to under this 

25 heading as ‘‘CNCS’’), $336,000,000, to prevent, prepare for, 
172 

•HR 925 EAH 

1 and respond to coronavirus, including to carry out the Do2 mestic Volunteer Service Act of 1973 (‘‘1973 Act’’) and the 

3 National and Community Service Act of 1990 (‘‘1990 

4 Act’’): Provided, That $228,000,000 of the funds made 

5 available in this paragraph may be used to make new and 

6 additional awards to new and existing AmeriCorps grant7 ees and may be used to provide adjustments to awards 

8 under subtitle C of title I of the 1990 Act for which the 

9 Chief Executive Officer of CNCS determines that a waiver 

10 of the Federal share limitation is warranted under section 

11 2521.70 of title 45 of the Code of Federal Regulations: Pro12 vided further, That of the amount provided in this para13 graph, $26,000,000 shall be for programs under title I, part 

14 A of the 1973 Act: Provided further, That of the amount 

15 provided in this paragraph, $35,000,000 shall be for pro16 grams under title II of the 1973 Act, and not less than 

17 $23,000,000 of these funds shall be available for the pro18 gram under title II, part C of the 1973 Act: Provided fur19 ther, That of the amounts provided under this paragraph: 

20 (1) up to 1 percent of the funds in this paragraph may 

21 be used to defray the costs of conducting grant application 

22 reviews, including the use of outside peer reviewers and elec23 tronic management of the grants cycle; (2) $9,000,000 shall 

24 be available to provide assistance to State commissions on 

25 national and community service, under section 126(a) of 
173 

•HR 925 EAH 

1 the 1990 Act; (3) $5,000,000 shall be available to carry out 

2 subtitle E of the 1990 Act; and (4) $12,000,000 shall be 

3 available for expenses authorized under section 

4 501(a)(4)(F) of the 1990 Act, which shall be awarded by 

5 CNCS on a competitive basis: Provided further, That for 

6 the purposes of carrying out the 1990 Act, satisfying the 

7 requirements in section 122(c)(1)(D) of such Act may in8 clude a determination of need by the local community: Pro9 vided further, That up to $21,000,000 may be transferred 

10 for necessary expenses of administration as provided under 

11 section 501(a)(5) of the 1990 Act and under section 504(a) 

12 of the 1973 Act: Provided further, That such amount is des13 ignated by the Congress as being for an emergency require14 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 PAYMENT TO THE NATIONAL SERVICE TRUST

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘National Service 

19 Trust’’, $14,000,000, to remain available until expended: 

20 Provided, That CNCS may transfer additional funds from 

21 the amount provided under the heading ‘‘Corporation for 

22 National and Community Service’’ in this Act for grants 

23 made under subtitle C of title I of the 1990 Act to this ap24 propriation upon determination that such transfer is nec25 essary to support the activities of national service partici-
174 

•HR 925 EAH 

1 pants and after notice is transmitted to the Committees on 

2 Appropriations of the House of Representatives and the 

3 Senate: Provided further, That the amount appropriated for 

4 or transferred to the National Service Trust may be invested 

5 under section 145(b) of the 1990 Act without regard to the 

6 requirement to apportion funds under 31 U.S.C. 1513(b): 

7 Provided further, That such amount is designated by the 

8 Congress as being for an emergency requirement pursuant 

9 to section 251(b)(2)(A)(i) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 CORPORATION FOR PUBLIC BROADCASTING

12 For an additional amount for fiscal year 2021 for 

13 ‘‘Corporation for Public Broadcasting,’’ $175,000,000 to 

14 prevent, prepare for, and respond to coronavirus, including 

15 for fiscal stabilization grants to public telecommunications 

16 entities, as defined by 47 U.S.C. 397(12), with no deduction 

17 for administrative or other costs of the Corporation, to 

18 maintain programming and services and preserve small 

19 and rural stations threatened by declines in non-Federal 

20 revenues: Provided, That such amount is designated by the 

21 Congress as being for an emergency requirement pursuant 

22 to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 
175 

•HR 925 EAH 

1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

3 ADMINISTRATION

4 For an additional amount for ‘‘Institute of Museum 

5 and Library Services’’, $135,000,000 to prevent, prepare 

6 for, and respond to coronavirus, including grants to States, 

7 territories, tribes, museums, and libraries, to expand digital 

8 network access, purchase internet accessible devices, provide 

9 technical support services, and for operational expenses: 

10 Provided, That any matching funds requirements for 

11 States, tribes, libraries, and museums are waived for grants 

12 provided with funds made available under this heading in 

13 this Act: Provided further, That such amount is designated 

14 by the Congress as being for an emergency requirement pur15 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

16 Emergency Deficit Control Act of 1985. 

17 RAILROAD RETIREMENT BOARD

18 LIMITATION ON ADMINISTRATION

19 For an additional amount for ‘‘Limitation on Admin20 istration’’, $4,500,000 to prevent, prepare for, and respond 

21 to coronavirus, including the expeditious dispensation of 

22 railroad unemployment insurance benefits, and to support 

23 full-time equivalents and overtime hours as needed to ad24 minister the Railroad Unemployment Insurance Act, and 

25 of which $8,300 shall be for administrative costs related to 
176 

•HR 925 EAH 

1 implementing rebate payments: Provided, That such 

2 amount is designated by the Congress as being for an emer3 gency requirement pursuant to section 251(b)(2)(A)(i) of 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

7 For an additional amount for ‘‘Office of the Inspector 

8 General’’, $500,000, to remain available until expended, to 

9 prevent, prepare for, and respond to coronavirus, including 

10 salaries and expenses necessary for oversight, investigations 

11 and audits of the Railroad Retirement Board and railroad 

12 unemployment insurance benefits funded in this Act and 

13 Public Law 116–136: Provided, That such amount is des14 ignated by the Congress as being for an emergency require15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

16 Budget and Emergency Deficit Control Act of 1985. 

17 SOCIAL SECURITY ADMINISTRATION 

18 LIMITATION ON ADMINISTRATIVE EXPENSES

19 For an additional amount for ‘‘Limitation on Admin20 istrative Expenses’’, $40,500,000, to prevent, prepare for, 

21 and respond to coronavirus, domestically or internation22 ally, for necessary expenses to carry out additional recovery 

23 rebates to individuals, as described in section 101 of divi24 sion F of this Act: Provided, That of the amount made 

25 available under this heading in this Act, $2,500,000, to re-
177 

•HR 925 EAH 

1 main available until September 30, 2025, shall be trans2 ferred to ‘‘Social Security Administration—Office of In3 spector General’’ for necessary expenses in carrying out the 

4 provisions of the Inspector General Act of 1978: Provided 

5 further, That such amount is designated by the Congress 

6 as being for an emergency requirement pursuant to section 

7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 GENERAL PROVISIONS—THIS TITLE 

10 SEC. 810. Notwithstanding any other provision of law, 

11 funds made available under each heading in this title shall 

12 only be used for the purposes specifically described under 

13 that heading. 

14 SEC. 811. Funds appropriated by this title may be 

15 used by the Secretary of the Department of Health and 

16 Human Services to appoint, without regard to the provi17 sions of sections 3309 through 3319 of title 5 of the United 

18 States Code, candidates needed for positions to perform crit19 ical work relating to coronavirus for which— 

20 (1) public notice has been given; and 

21 (2) the Secretary has determined that such a 

22 public health threat exists. 

23 SEC. 812. Funds made available by this title may be 

24 used to enter into contracts with individuals for the provi25 sion of personal services (as described in section 104 of part 
178 

•HR 925 EAH 

1 37 of title 48, Code of Federal Regulations (48 CFR 

2 37.104)) to support the prevention of, preparation for, or 

3 response to coronavirus, domestically and internationally, 

4 subject to prior notification to the Committees on Appro5 priations of the House of Representatives and the Senate: 

6 Provided, That such individuals may not be deemed em7 ployees of the United States for the purpose of any law ad8 ministered by the Office of Personnel Management: Pro9 vided further, That the authority made available pursuant 

10 to this section shall expire on September 30, 2024. 

11 SEC. 813. Not later than 30 days after the date of en12 actment of this Act, the Secretary of Health and Human 

13 Services shall provide a detailed spend plan of anticipated 

14 uses of funds made available to the Department of Health 

15 and Human Services in this Act, including estimated per16 sonnel and administrative costs, to the Committees on Ap17 propriations of the House of Representatives and the Sen18 ate: Provided, That such plans shall be updated and sub19 mitted to such Committees every 60 days until September 

20 30, 2024: Provided further, That the spend plans shall be 

21 accompanied by a listing of each contract obligation in22 curred that exceeds $5,000,000 which has not previously 

23 been reported, including the amount of each such obligation. 

24 SEC. 814. Of the funds appropriated by this title under 

25 the heading ‘‘Public Health and Social Services Emergency 
179 

•HR 925 EAH 

1 Fund’’, $25,000,000 shall be transferred to, and merged 

2 with, funds made available under the heading ‘‘Office of the 

3 Secretary, Office of Inspector General’’, and shall remain 

4 available until expended, for oversight of activities sup5 ported with funds appropriated to the Department of 

6 Health and Human Services in this Act: Provided, That 

7 the Inspector General of the Department of Health and 

8 Human Services shall consult with the Committees on Ap9 propriations of the House of Representatives and the Senate 

10 prior to obligating such funds: Provided further, That the 

11 transfer authority provided by this section is in addition 

12 to any other transfer authority provided by law. 

13 TITLE IX 

14 LEGISLATIVE BRANCH 

15 SENATE 

16 CONTINGENT EXPENSES OF THE SENATE

17 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

18 For an additional amount for ‘‘Sergeant at Arms and 

19 Doorkeeper of the Senate’’, $6,345,000, to remain available 

20 until expended, to prevent, prepare for, and respond to 

21 coronavirus, which shall be allocated in accordance with a 

22 spend plan submitted to the Committee on Appropriations 

23 of the Senate: Provided, That such amount is designated 

24 by the Congress as being for an emergency requirement pur-
180 

•HR 925 EAH 

1 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 HOUSE OF REPRESENTATIVES 

4 ALLOWANCES AND EXPENSES

5 For an additional amount for ‘‘Allowances and Ex6 penses’’, $37,000,000, to remain available until expended, 

7 for necessary expenses for Business Continuity and Disaster 

8 Recovery, to prevent, prepare for, and respond to 

9 coronavirus, to be allocated in accordance with a spend 

10 plan submitted to the Committee on Appropriations of the 

11 House of Representatives by the Chief Administrative Offi12 cer and approved by such Committee: Provided, That such 

13 amount is designated by the Congress as being for an emer14 gency requirement pursuant to section 251(b)(2)(A)(i) of 

15 the Balanced Budget and Emergency Deficit Control Act 

16 of 1985. 

17 JOINT ITEMS 

18 OFFICE OF THE ATTENDING PHYSICIAN

19 For an additional amount for ‘‘Office of the Attending 

20 Physician’’, $600,000, to remain available until expended, 

21 to prevent, prepare for, and respond to coronavirus: Pro22 vided, That such amount is designated by the Congress as 

23 being for an emergency requirement pursuant to section 

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 
181 

•HR 925 EAH 

1 CAPITOL POLICE 

2 SALARIES

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Salaries’’, 

5 $12,000,000, to prevent, prepare for, and respond to 

6 coronavirus: Provided, That amounts provided under this 

7 heading in this Act may be transferred between Capitol Po8 lice ‘‘Salaries’’ and ‘‘General Expenses’’ for the purposes 

9 provided herein without the approval requirement of section 

10 1001 of the Legislative Branch Appropriations Act, 2014 

11 (2 U.S.C. 1907a); Provided further, That such amount is 

12 designated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985. 

15 CONGRESSIONAL BUDGET OFFICE 

16 SALARIES AND EXPENSES

17 For an additional amount for ‘‘Salaries and Ex18 penses’’, $1,200,000, to prevent, prepare for, and respond 

19 to coronavirus: Provided, That such amount is designated 

20 by the Congress as being for an emergency requirement pur21 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985. 
182 

•HR 925 EAH 

1 ARCHITECT OF THE CAPITOL 

2 CAPITAL CONSTRUCTION AND OPERATIONS

3 For an additional amount for ‘‘Capital Construction 

4 and Operations’’, $150,000,000, to remain available until 

5 expended, to supplement the funding made available to the 

6 Architect for the purposes described in title IX of division 

7 B of the CARES Act (Public Law 116–136): Provided, That 

8 this additional amount also may be used for the purchase 

9 and distribution of supplies to respond to coronavirus in10 cluding, but not limited to, cleaning and sanitation sup11 plies, masks and/or face coverings to Congressional offices, 

12 committees, and visitors, including provisions for travel 

13 and other necessary work carried out by staff in their Con14 gressional Districts and State Offices, wherever located: 

15 Provided further, That such amount is designated by the 

16 Congress as being for an emergency requirement pursuant 

17 to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 LIBRARY OF CONGRESS 

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For an additional amount for ‘‘Salaries and Ex23 penses’’, $12,000,000, to prevent, prepare for, and respond 

24 to coronavirus, including to offset losses resulting from the 

25 coronavirus pandemic of amounts collected pursuant to the 
183 

•HR 925 EAH 

1 Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 

2 150), for revolving fund activities pursuant to sections 182 

3 and 182a through 182e of title 2, United States Code, sec4 tions 708(d) and 1316 of title 17, United States Code, and 

5 sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title, 

6 and for reimbursement of the Little Scholars Child Develop7 ment Center for salaries for employees, as authorized by this 

8 title: Provided, That the Library of Congress may transfer 

9 amounts appropriated under this heading in this Act to 

10 other applicable appropriations of the Library of Congress 

11 to prevent, prepare for, and respond to coronavirus: Pro12 vided further, That such amount is designated by the Con13 gress as being for an emergency requirement pursuant to 

14 section 251(b)(2)(A)(i) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985. 

16 GOVERNMENT PUBLISHING OFFICE 

17 GOVERNMENT PUBLISHING OFFICE BUSINESS

18 OPERATIONS REVOLVING FUND

19 For an additional amount for ‘‘Government Pub20 lishing Office Business Operations Revolving Fund’’, 

21 $7,000,000, to prevent, prepare for, and respond to 

22 coronavirus, which shall be for offsetting losses resulting 

23 from the coronavirus pandemic of amounts collected pursu24 ant to section 309 of title 44, United States Code: Provided, 

25 That funds appropriated under this heading in this Act 
184 

•HR 925 EAH 

1 may be made available to restore amounts, either directly 

2 or through reimbursement, for obligations incurred to pre3 vent, prepare for, and respond to coronavirus, domestically 

4 or internationally, prior to the date of enactment of this 

5 Act: Provided further, That such amount is designated by 

6 the Congress as being for an emergency requirement pursu7 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 GOVERNMENT ACCOUNTABILITY OFFICE 

10 SALARIES AND EXPENSES

11 For an additional amount for ‘‘Salaries and Ex12 penses’’, $88,500,000, to remain available until expended, 

13 to prevent, prepare for, and respond to coronavirus, which 

14 shall be for audits and investigations and for reimburse15 ment of the Tiny Findings Child Development Center for 

16 salaries for employees, as authorized by this title: Provided, 

17 That not later than 90 days after the date of enactment 

18 of this Act, the Government Accountability Office shall sub19 mit to the Committees on Appropriations of the House of 

20 Representatives and the Senate a spend plan specifying 

21 funding estimates and a timeline for such audits and inves22 tigations: Provided further, That such amount is designated 

23 by the Congress as being for an emergency requirement pur24 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 
185 

•HR 925 EAH 

1 GENERAL PROVISIONS—THIS TITLE 

2 SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND

3 EXPENSES OF SENATE EMPLOYEE CHILD CARE CENTER

4 SEC. 901. The Secretary of the Senate shall reimburse 

5 the Senate Employee Child Care Center for personnel costs 

6 incurred until September 30, 2021, for employees of such 

7 Center who have been ordered to cease working due to meas8 ures taken in the Capitol complex to combat coronavirus, 

9 from amounts in the appropriations account ‘‘Miscella10 neous Items’’ within the contingent fund of the Senate. 

11 SEC. 902. Funds appropriated to the Architect of the 

12 Capitol in this Act also may be used to restore amounts, 

13 either directly or through reimbursement, for obligations in14 curred by the Architect to prevent, prepare for, and respond 

15 to Coronavirus Disease 2019 (COVID–19) prior to the date 

16 of enactment of this Act. Funds used to restore amounts 

17 to other Architect of the Capitol accounts shall assume the 

18 original period of availability of such accounts. 

19 AUTHORITY OF ARCHITECT OF THE CAPITOL TO MAKE

20 EXPENDITURES IN RESPONSE TO EMERGENCIES

21 SEC. 903. (a) COVERAGE OF COMMUTING EX22 PENSES.—Section 1305(a)(2) of the Legislative Branch 

23 Appropriations Act, 2010 (2 U.S.C. 1827(a)(2)) is amended 

24 by inserting after ‘‘refreshments’’, the following: ‘‘transpor25 tation and other related expenses incurred by employees in 
186 

•HR 925 EAH 

1 commuting between their residence and their place of em2 ployment’’. 

3 (b) AUTHORITY TO PROVIDE SUPPLIES AND 

4 SERVICES THROUGHOUT FACILITIES AND 

5 GROUNDS UNDER THE ARCHITECT OF THE CAP6 ITOL’S CARE.—Section 1305 of the Legislative Branch 

7 Appropriations Act, 2010 (2 U.S.C. 1827) is further 

8 amended by inserting after subsection (a)(2), the following: 

9 ‘‘(3) May accept contributions of, and incur obligations and 

10 make expenditures for, supplies, products, services, and 

11 operational costs necessary to respond to the emergency, 

12 which may be provided throughout all facilities and 

13 grounds under the care of the Architect of the Capitol wher14 ever located, on a reimbursable or non-reimbursable basis 

15 subject to the availability of funds.’’. 

16 (c) EFFECTIVE DATE.—The amendment made by 

17 subsections (a) and (b) shall apply with respect to fiscal 

18 year 2020 and each succeeding fiscal year. 

19 SEC. 904. Notwithstanding the provisions of section 

20 6304(c) of title 5, United States Code, any annual leave 

21 accumulated by an employee of the Government Publishing 

22 Office in excess of the limits prescribed in section 6304(a) 

23 of title 5, United States Code, remains to the credit of the 

24 employee until December 31, 2021. 
187 

•HR 925 EAH 

1 TITLE X 

2 MILITARY CONSTRUCTION, VETERANS AFFAIRS, 

3 AND RELATED AGENCIES 

4 DEPARTMENT OF VETERANS AFFAIRS 

5 VETERANS BENEFITS ADMINISTRATION

6 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

7 ADMINISTRATION

8 For an additional amount for ‘‘General Operating Ex9 penses, Veterans Benefits Administration’’, $338,000,000, to 

10 prevent, prepare for, and respond to coronavirus, including 

11 the elimination of backlogs that may have occurred: Pro12 vided, That amounts provided under this heading in this 

13 Act made available for the elimination of backlogs may not 

14 be used to increase the number of permanent positions: Pro15 vided further, That of the amounts provided under this 

16 heading, up to $198,000,000 shall be to improve the Veteran 

17 Benefits Administration’s education systems, including im18 plementation of changes to chapters 30 through 36 of part 

19 III of title 38, United States Code in the Harry W. Colmery 

20 Veterans Educational Assistance Act of 2017 (Public Law 

21 115–48), in a bill to authorize the Secretary of Veterans 

22 Affairs to treat certain programs of education converted to 

23 distance learning by reason of emergencies and health-re24 lated situations in the same manner as programs of edu25 cation pursued at educational institutions, and for other 
188 

•HR 925 EAH 

1 purposes (Public Law 116–128), and in the Student Vet2 eran Coronavirus Response Act of 2020 (Public Law 116– 

3 140): Provided further, That such amount is designated by 

4 the Congress as being for an emergency requirement pursu5 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

6 Emergency Deficit Control Act of 1985. 

7 VETERANS HEALTH ADMINISTRATION

8 MEDICAL COMMUNITY CARE

9 For an additional amount for ‘‘Medical Community 

10 Care’’, $100,000,000, for a one-time emergency payment to 

11 existing State Extended Care Facilities for Veterans, to pre12 vent, prepare for, and respond to coronavirus: Provided, 

13 That such payments shall be in proportion to each State’s 

14 share of the total resident capacity in such facilities as of 

15 January 4, 2020 where such capacity includes only vet16 erans on whose behalf the Department pays a per diem 

17 amount pursuant to 38 United States Code 1741 or 1745: 

18 Provided further, That amounts made available to ‘‘Vet19 erans Health Administration—Medical Services’’ in divi20 sion B of Public Law 116–136, may be transferred to and 

21 merged with the Medical Community Care account to be 

22 used for the purposes provided under this heading in this 

23 Act, and shall be in additional to any other amounts avail24 able for such purposes: Provided further, That amounts 

25 transferred pursuant to the preceding proviso that were pre-
189 

•HR 925 EAH 

1 viously designated by the Congress as an emergency require2 ment pursuant to the Balanced Budget and Emergency Def3 icit Control Act of 1985 are designated by the Congress as 

4 an emergency requirement pursuant to section 

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985: Provided further, That such 

7 amount is designated by the Congress as being for an emer8 gency requirement pursuant to section 251(b)(2)(A)(i) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 NATIONAL CEMETERY ADMINISTRATION

12 For an additional amount for ‘‘National Cemetery Ad13 ministration’’, $26,000,000, to prevent, prepare for, and re14 spond to coronavirus: Provided, That such amount is des15 ignated by the Congress as being for an emergency require16 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 DEPARTMENTAL ADMINISTRATION

19 BOARD OF VETERANS APPEALS

20 For an additional amount for ‘‘Board of Veterans Ap21 peals’’, $4,000,000, to prevent, prepare for, and respond to 

22 coronavirus: Provided, That such amount is designated by 

23 the Congress as being for an emergency requirement pursu24 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

25 Emergency Deficit Control Act of 1985. 
190 

•HR 925 EAH 

1 INFORMATION TECHNOLOGY SYSTEMS

2 For an additional amount for ‘‘Information Tech3 nology Systems’’, $45,000,000, to remain available until 

4 September 30, 2021, to prevent, prepare for, and respond 

5 to coronavirus: Provided, That amounts provided under 

6 this heading shall be to improve the Veteran Benefits Ad7 ministration’s education systems, including implementa8 tion of changes to chapters 30 through 36 of part III of 

9 title 38, United States Code in the Harry W. Colmery Vet10 erans Educational Assistance Act of 2017 (Public Law 115– 

11 48), in a bill to authorize the Secretary of Veterans Affairs 

12 to treat certain programs of education converted to distance 

13 learning by reason of emergencies and health-related situa14 tions in the same manner as programs of education pursued 

15 at educational institutions, and for other purposes (Public 

16 Law 116–128), and in the Student Veteran Coronavirus 

17 Response Act of 2020 (Public Law 116–140): Provided fur18 ther, That such amount is designated by the Congress as 

19 being for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 
191 

•HR 925 EAH 

1 RELATED AGENCIES 

2 DEPARTMENT OF DEFENSE—CIVIL

3 CEMETERIAL EXPENSES, ARMY

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $2,000,000, to prevent, prepare for, and respond 

7 to coronavirus: Provided, That such amount is designated 

8 by the Congress as being for an emergency requirement pur9 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985. 

11 AMERICAN BATTLE MONUMENTS COMMISSION

12 SALARIES AND EXPENSES

13 For an additional amount for the ‘‘Salaries and Ex14 penses’’, $2,000,000, to prevent, prepare for, and respond 

15 to coronavirus: Provided, That such amount is designated 

16 by the Congress as being for an emergency requirement pur17 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

18 Emergency Deficit Control Act of 1985. 

19 GENERAL PROVISIONS—THIS TITLE 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 1001. Title X of division B of the Coronavirus 

22 Aid, Relief, and Economic Security Act (Public Law 116– 

23 136) is amended under the heading ‘‘Department of Vet24 erans Affairs—Departmental Administration—Grants for 

25 Construction of State Extended Care Facilities’’ by striking 
192 

•HR 925 EAH 

1 ‘‘including to modify or alter existing hospital, nursing 

2 home, and domiciliary facilities in State homes: Provided,’’ 

3 and inserting in lieu thereof the following: ‘‘which shall be 

4 for modifying or altering existing hospital, nursing home, 

5 and domiciliary facilities in State homes: Provided, That 

6 the Secretary shall conduct a new competition or competi7 tions to award grants to States using funds provided under 

8 this heading in this Act: Provided further, That such grants 

9 may be made to reimburse States for the costs of modifica10 tions or alterations that have been initiated or completed 

11 before an application for a grant under this section is ap12 proved by the Secretary: Provided further, That the use of 

13 funds provided under this heading in this Act shall not be 

14 subject to state matching fund requirement, application re15 quirements, cost thresholds, the priority list, deadlines, 

16 award dates under sections 8134 and 8135 of title 38, 

17 United States Code, and part 59 of chapter I of title 38, 

18 Code of Federal Regulations, and shall not be subject to re19 quirements of section 501(d) of title 38, United States Code: 

20 Provided further, That the Secretary may establish and ad21 just rolling deadlines for applications for such grants and 

22 may issue multiple rounds of application periods for the 

23 award of such grants under this section: Provided further,’’: 

24 Provided, That amounts repurposed pursuant to this sec25 tion that were previously designated by the Congress as an 
193 

•HR 925 EAH 

1 emergency requirement pursuant to the Balanced Budget 

2 and Emergency Deficit Control Act of 1985 are designated 

3 by the Congress as an emergency requirement pursuant to 

4 section 251(b)(2)(A)(i) of the Balanced Budget and Emer5 gency Deficit Control Act of 1985. 

6 SEC. 1002. Of the unobligated balances available to the 

7 Department of Veterans Affairs from title X of division B 

8 of the Coronavirus Aid, Relief, and Economic Security Act 

9 (Public Law 116–136) for ‘‘Veterans Health Administra10 tion, Medical Services’’, up to $100,000,000 may be trans11 ferred to ‘‘Departmental Administration, Information 

12 Technology Systems’’ to prevent, prepare for, and respond 

13 to coronavirus, domestically or internationally, for im14 provements to supply chain systems including the Defense 

15 Medical Logistics Standard Support system: Provided, 

16 That not more than $50,000,000 may be transferred to de17 velopment subaccount for the Supply Chain Management 

18 project: Provided further, That the transferred funds shall 

19 be in addition to any other funds made available for this 

20 purpose: Provided further, That the amounts transferred in 

21 this section that were previously designated by the Congress 

22 as an emergency requirement pursuant to the Balanced 

23 Budget and Emergency Deficit Control Act of 1985 are des24 ignated by the Congress as an emergency requirement pur-
194 

•HR 925 EAH 

1 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 TITLE XI 

4 DEPARTMENT OF STATE, FOREIGN OPERATIONS, 

5 AND RELATED PROGRAMS 

6 DEPARTMENT OF STATE 

7 ADMINISTRATION OF FOREIGN AFFAIRS

8 DIPLOMATIC PROGRAMS

9 For an additional amount for ‘‘Diplomatic Pro10 grams’’, $500,000,000, for necessary expenses to prevent, 

11 prepare for, and respond to coronavirus, including for evac12 uation expenses, emergency preparedness, maintaining con13 sular operations, and other operations and maintenance re14 quirements related to the consequences of coronavirus, do15 mestically or internationally, of which $425,000,000 shall 

16 be for Consular and Border Security Programs, to remain 

17 available until expended, for offsetting losses resulting from 

18 the coronavirus pandemic of fees collected and deposited 

19 into such account pursuant to section 7081 of Public Law 

20 115–31: Provided, That such amount is designated by the 

21 Congress as being for an emergency requirement pursuant 

22 to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 
195 

•HR 925 EAH 

1 OFFICE OF INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of Inspector 

3 General’’, $4,400,000, for oversight of activities conducted 

4 by the Department of State and made available to prevent, 

5 prepare for, and respond to coronavirus by this title and 

6 by prior acts: Provided, That such amount is designated 

7 by the Congress as being for an emergency requirement pur8 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 UNITED STATES AGENCY FOR INTERNATIONAL 

11 DEVELOPMENT 

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 OPERATING EXPENSES

14 For an additional amount for ‘‘Operating Expenses’’, 

15 $50,000,000, to prevent, prepare for, and respond to 

16 coronavirus and for other operations and maintenance re17 quirements related to the consequences of coronavirus: Pro18 vided, That such amount is designated by the Congress as 

19 being for an emergency requirement pursuant to section 

20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 OFFICE OF INSPECTOR GENERAL

23 For an additional amount for ‘‘Office of Inspector 

24 General’’, $3,500,000, for oversight of activities conducted 

25 by the United States Agency for International Development 
196 

•HR 925 EAH 

1 and made available to prevent, prepare for, and respond 

2 to coronavirus by this title and by prior acts: Provided, 

3 That such amount is designated by the Congress as being 

4 for an emergency requirement pursuant to section 

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985 

7 BILATERAL ECONOMIC ASSISTANCE 

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 GLOBAL HEALTH PROGRAMS

10 For an additional amount for ‘‘Global Health Pro11 grams’’, $3,690,925,000, for necessary expenses to prevent, 

12 prepare for, and respond to coronavirus: Provided, That 

13 such funds shall be administered by the Administrator of 

14 the United States Agency for International Development: 

15 Provided further, That of the funds appropriated under this 

16 heading in this title, not less than $150,000,000 shall be 

17 transferred to, and merged with, funds made available for 

18 the Emergency Reserve Fund established pursuant to sec19 tion 7058(c)(1) of the Department of State, Foreign Oper20 ations, and Related Programs Appropriations Act, 2017 

21 (division J of Public Law 115–31): Provided further, That 

22 funds made available pursuant to the preceding proviso 

23 shall be made available under the terms and conditions of 

24 such section, as amended: Provided further, That funds ap25 propriated by this paragraph in this title shall be made 
197 

•HR 925 EAH 

1 available for a contribution to a multilateral vaccine devel2 opment partnership to support epidemic preparedness: Pro3 vided further, That of the funds appropriated by this para4 graph in this title, not less than $3,500,000,000 shall be 

5 made available for a United States Contribution to The 

6 GAVI Alliance: Provided further, That funds appropriated 

7 by this paragraph in this title shall be allocated and allot8 ted within 60 days of the date of enactment of this Act: 

9 Provided further, That such amount is designated by the 

10 Congress as being for an emergency requirement pursuant 

11 to section 251(b)(2)(A)(i) of the Balanced Budget and 

12 Emergency Deficit Control Act of 1985. 

13 For an additional amount for ‘‘Global Health Pro14 grams’’, $4,535,925,000, for necessary expenses to prevent, 

15 prepare for, and respond to coronavirus: Provided, That 

16 such funds shall be administered by the United States Glob17 al AIDS Coordinator: Provided further, That not less than 

18 $3,500,000,000 shall be made available as a United States 

19 contribution to the Global Fund to Fight AIDS, Tuber20 culosis and Malaria (Global Fund): Provided further, That 

21 funds made available to the Global Fund pursuant to the 

22 previous proviso shall be made available notwithstanding 

23 section 202(d)(4)(A)(i) of the United States Leadership 

24 Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 

25 (22 U.S.C. 7622(d)(4)(A)(i)): Provided further, That funds 
198 

•HR 925 EAH 

1 appropriated under this heading for fiscal years 2020 and 

2 2021 which are designated as being for an emergency re3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985 

5 and made available as a United States contribution to the 

6 Global Fund shall not be considered a contribution for the 

7 purpose of applying section 202(d)(4)(A)(i): Provided fur8 ther, That funds appropriated by this paragraph in this 

9 title shall be allocated and allotted within 60 days of the 

10 date of enactment of this Act: Provided further, That such 

11 amount is designated by the Congress as being for an emer12 gency requirement pursuant to section 251(b)(2)(A)(i) of 

13 the Balanced Budget and Emergency Deficit Control Act 

14 of 1985. 

15 DEVELOPMENT ASSISTANCE

16 For an additional amount for ‘‘Development Assist17 ance’’, $250,000,000, for necessary expenses to prevent, pre18 pare for, and respond to coronavirus, including to address 

19 related economic, and stabilization requirements, of which 

20 not less than $150,000,000 shall be made available to main21 tain access to basic education and not less than $45,000,000 

22 shall be to maintain access to not-for-profit institutions of 

23 higher education for costs related to the consequences of 

24 coronavirus: Provided, That such institutions of higher edu25 cation shall meet standards equivalent to those required for 
199 

•HR 925 EAH 

1 United States institutional accreditation by a regional ac2 creditation agency recognized by the United States Depart3 ment of Education: Provided further, That funds made 

4 available under this heading in this title shall be allocated 

5 and allotted within 60 days of the date of enactment of this 

6 Act: Provided further, That such amount is designated by 

7 the Congress as being for an emergency requirement pursu8 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

9 Emergency Deficit Control Act of 1985. 

10 INDEPENDENT AGENCIES

11 INTER-AMERICAN FOUNDATION

12 For an additional amount for ‘‘Inter-American Foun13 dation’’, $15,000,000, for necessary expenses to prevent, pre14 pare for, and respond to coronavirus, including to address 

15 related economic and stabilization requirements: Provided, 

16 That funds made available under this heading in this title 

17 shall be allocated and allotted within 60 days of the enact18 ment of this Act: Provided further, That such amount is 

19 designated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 

22 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

23 For an additional amount for ‘‘United States African 

24 Development Foundation’’, $15,000,000, for necessary ex25 penses to prevent, prepare for, and respond to coronavirus, 
200 

•HR 925 EAH 

1 including to address related economic and stabilization re2 quirements: Provided, That funds made available under this 

3 heading in this title shall be allocated and allotted within 

4 60 days of the enactment of this Act: Provided further, That 

5 such amount is designated by the Congress as being for an 

6 emergency requirement pursuant to section 251(b)(2)(A)(i) 

7 of the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 MULTILATERAL ASSISTANCE 

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

12 For an additional amount for ‘‘International Organi13 zations and Programs’’, $935,250,000, to remain available 

14 until September 30, 2022, for necessary expenses to prevent, 

15 prepare for, and respond to coronavirus and to support the 

16 United Nations Global Humanitarian Response Plan 

17 COVID–19, of which not less than $750,000,000 shall be 

18 for the World Food Programme, and not less than 

19 $185,250,000 shall be for the United Nations Children’s 

20 Fund: Provided, That funds made available under this 

21 heading in this title shall be allocated and allotted within 

22 60 days of the date of enactment of this Act: Provided fur23 ther, That such amount is designated by the Congress as 

24 being for an emergency requirement pursuant to section 
201 

•HR 925 EAH 

1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 1101. The authorities and limitations of section 

6 402 of the Coronavirus Preparedness and Response Supple7 mental Appropriations Act (division A of Public Law 116– 

8 123) shall apply to funds appropriated by this title as fol9 lows: 

10 (1) Subsections (a), (d), (e), and (f) shall apply 

11 to funds under the heading ‘‘Diplomatic Programs’’; 

12 and 

13 (2) Subsections (c), (d), (e), and (f) shall apply 

14 to funds under the heading ‘‘Global Health Pro15 grams’’, and ‘‘Development Assistance’’. 

16 SEC. 1102. Funds appropriated by this title under the 

17 headings ‘‘Diplomatic Programs’’, ‘‘Operating Expenses’’, 

18 ‘‘Global Health Programs’’, and ‘‘Development Assistance’’ 

19 may be used to reimburse such accounts administered by 

20 the Department of State and the United States Agency for 

21 International Development, for obligations incurred to pre22 vent, prepare for, and respond to coronavirus prior to the 

23 date of enactment of this Act. 

24 SEC. 1103. The reporting requirements of section 

25 406(b) of the Coronavirus Preparedness and Response Sup-
202 

•HR 925 EAH 

1 plemental Appropriations Act, 2020 (division A of Public 

2 Law 116–123) shall apply to funds appropriated by this 

3 title. 

4 SEC. 1104. Section 404 of the Coronavirus Prepared5 ness and Response Supplemental Appropriations Act (divi6 sion A of Public Law 116–123) shall apply to funds appro7 priated by this title under the same headings as specified 

8 by such section. 

9 SEC. 1105. Notwithstanding the limitations in sections 

10 609(i) and 609(j) of the Millennium Challenge Act of 2003 

11 (2211 U.S.C. 7708(j), 7715), the Millennium Challenge Cor12 poration may, subject to the availability of funds, extend 

13 any compact in effect as of January 29, 2020, for up to 

14 one additional year, to account for delays related to 

15 coronavirus: Provided, That the Corporation shall notify 

16 the Committees on Appropriations and Foreign Relations 

17 of the Senate and the Committees on Appropriations and 

18 Foreign Affairs of the House of Representatives prior to 

19 providing any such extension. 

20 SEC. 1106. The Secretary of State and the heads of 

21 other Federal agencies may rely upon the authority of sec22 tion 5924 of title 5, United States Code, without regard to 

23 the foreign area limitations referenced therein, to make pay24 ments for education allowances to employees who are in the 

25 United States on ordered or authorized departure, or for 
203 

•HR 925 EAH 

1 whom travel to a post in a foreign area has been delayed, 

2 to prevent, prepare for, or respond to coronavirus: Provided, 

3 That the authority under this section shall expire on De4 cember 31, 2024. 

5 SEC. 1107. The Secretary of State and the heads of 

6 other Federal agencies whose employees are authorized to 

7 receive payments of monetary amounts and other allow8 ances under section 5523 of title 5, United States Code, may 

9 rely upon the authority of that section, without regard to 

10 the time limitations referenced therein, to continue such 

11 payments in connection with authorized or ordered depar12 tures from foreign areas, to prevent, prepare for, and re13 spond to coronavirus: Provided, That the authority under 

14 this section shall be available to continue such payments 

15 for the period beginning on July 21, 2020, through Sep16 tember 30, 2022, when such authority shall expire. 

17 TITLE XII 

18 TRANSPORTATION, HOUSING AND URBAN 

19 DEVELOPMENT, AND RELATED AGENCIES 

20 DEPARTMENT OF TRANSPORTATION 

21 OFFICE OF THE SECRETARY

22 SALARIES AND EXPENSES

23 For an additional amount for ‘‘Salaries and Ex24 penses’’, $20,000,000, to remain available until expended, 

25 to prevent, prepare for, and respond to coronavirus, includ-
204 

•HR 925 EAH 

1 ing necessary expenses for operating costs and capital out2 lays: Provided, That such amounts are in addition to any 

3 other amounts made available for this purpose: Provided 

4 further, That obligations of amounts under this heading in 

5 this Act shall not be subject to the limitation on obligations 

6 under the heading ‘‘Office of the Secretary—Working Cap7 ital Fund’’ in division H of the Further Consolidated Ap8 propriations Act, 2020 (Public Law 116–94): Provided fur9 ther, That such amount is designated by the Congress as 

10 being for an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 ESSENTIAL AIR SERVICE

14 In addition to funds provided to the ‘‘Payments to Air 

15 Carriers’’ program in Public Law 116–94 to carry out the 

16 essential air service program under section 41731 through 

17 41742 of title 49, United States Code, $75,000,000, to be 

18 derived from the general fund of the Treasury, and to be 

19 made available to the Essential Air Service and Rural Im20 provement Fund, to prevent, prepare for, and respond to 

21 coronavirus: Provided, That such amount is designated by 

22 the Congress as being for an emergency requirement pursu23 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 
205 

•HR 925 EAH 

1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 For an additional amount for ‘‘Operations’’, 

4 $50,000,000, to be derived from the general fund, for nec5 essary expenses to provide Federal Aviation Administration 

6 (FAA) employees with masks or protective face coverings, 

7 gloves, and sanitizer and wipes with sufficient alcohol con8 tent and to ensure FAA facilities are cleaned, disinfected, 

9 and sanitized in accordance with Centers for Disease Con10 trol and Prevention guidance: Provided further, That such 

11 amount is designated by the Congress as being for an emer12 gency requirement pursuant to section 251(b)(2)(A)(i) of 

13 the Balanced Budget and Emergency Deficit Control Act 

14 of 1985. 

15 GRANTS-IN-AID FOR AIRPORTS

16 For an additional amount for ‘‘Grants-In-Aid for Air17 ports’’, $13,500,000,000, to prevent, prepare for, and re18 spond to coronavirus, to remain available until September 

19 30, 2026: Provided, That amounts made available under 

20 this heading in this Act shall be derived from the general 

21 fund of the Treasury: Provided further, That funds provided 

22 under this heading in this Act shall only be available to 

23 sponsors of airports in categories defined in section 47102 

24 of title 49, United States Code: Provided further, That the 

25 requirements of chapter 471 of such title, except for project 
206 

•HR 925 EAH 

1 eligibility, shall apply to funds provided for any contract 

2 awarded (after the date of enactment of this Act) for airport 

3 development and funded under this heading: Provided fur4 ther, That funds provided under this heading in this Act 

5 may not be used for any purpose not directly related to 

6 the airport: Provided further, That of the amounts appro7 priated under this heading in this Act— 

8 (1) Not less than $500,000,000 shall be to pay 

9 the local share of eligible costs for which a grant is 

10 made under this heading under the Department of 

11 Transportation Appropriations Act, 2021: Provided, 

12 That any remaining funds after the apportionment 

13 under this paragraph (1) shall be distributed as de14 scribed in paragraph (2) under this heading in this 

15 Act: 

16 (2) Not less than $12,500,000,000 shall be avail17 able for any purpose for which airport revenues may 

18 lawfully be used: Provided, That such funds shall be 

19 allocated among eligible primary airports (as defined 

20 in section 47102(16) of title 49 United States Code) 

21 based on each airport’s calendar year 2019 

22 enplanements as a percentage of total 2019 

23 enplanements for all eligible primary service airports: 

24 Provided further, That sponsors provide relief equal25 ing at least 25 percent of the amount allocated to an 
207 

•HR 925 EAH 

1 airport under this paragraph to on-airport car rent2 al, on-airport parking, and in-terminal airport con3 cessions (as defined in part 23 of title 49, Code of 

4 Federal Regulations) in the form of waiving rent, 

5 minimum annual guarantees, lease obligations, fees, 

6 or penalties, or, at the request of the owner of an in7 terminal concession, to provide for a buyout of such 

8 concession: Provided further, That the sponsor shall 

9 give the highest priority to an owner who qualifies as 

10 an small businesses with maximum gross receipts less 

11 than $56 million: Provided further, That the Federal 

12 share payable of the costs for which a grant is made 

13 under this paragraph shall be 100 percent; and 

14 (3) Up to $200,000,000 shall be available for 

15 general aviation airports and commercial service air16 ports that are not primary airports for any purpose 

17 for which airport revenues may lawfully be used, and, 

18 which the Secretary shall apportion directly to each 

19 eligible airport, as defined in paragraphs (7), (8), 

20 and (16) of section 47102 of title 49, United States 

21 Code, based on the categories published in the most 

22 current National Plan of Integrated Airport Systems, 

23 reflecting the percentage of the aggregate published el24 igible development costs for each such category, and 

25 then dividing the allocated funds evenly among the el-
208 

•HR 925 EAH 

1 igible airports in each category, rounding up to the 

2 nearest thousand dollars: Provided, That the Federal 

3 share payable of the costs for which a grant is made 

4 under this paragraph shall be 100 percent: Provided 

5 further, That any remaining funds after the appor6 tionment under this paragraph (3) shall be distrib7 uted as described in paragraph (2) under this head8 ing in this Act: 

9 Provided further, That the matter preceding the first pro10 viso under this heading in title XII of division B of the 

11 CARES Act (Public Law 116-136) is amended by striking 

12 ‘‘to remain available until expended’’ and inserting ‘‘to re13 main available until September 30, 2025’’: Provided fur14 ther, That amounts made available under this heading in 

15 title XII of division B of the CARES Act (Public Law 116- 

16 136) shall not be subject to the limitation on obligations 

17 in any act making appropriations: Provided further, That 

18 any funds under the previous proviso designated as airport 

19 grants that are unobligated, recovered by or returned to the 

20 Federal Aviation Administration (FAA) within 5 years 

21 from the date of enactment of the CARES Act (Public Law 

22 116-36) shall be pooled and redistributed as described in 

23 paragraph (2) under this heading in this Act: Provided fur24 ther, That the FAA may redistribute funds under the pre25 vious proviso on more than one occasion: Provided further, 
209 

•HR 925 EAH 

1 That any airport that had been allocated more than four 

2 times annual operating expenses under this heading in title 

3 XII of division B of the CARES Act (Public Law 116-136) 

4 shall not be eligible for funds allocated or redistributed 

5 under this Act: Provided further, That the Administrator 

6 of the FAA may retain up to 0.1 percent of the funds pro7 vided under this heading in this Act to fund the award and 

8 oversight by the Administrator of grants made under this 

9 heading in this Act: Provided further, That obligations of 

10 funds under this heading in this Act shall not be subject 

11 to any limitations on obligations provided in any Act mak12 ing appropriations: Provided further, That all airport 

13 sponsors receiving funds under this heading in this Act 

14 shall continue to employ, through September 30, 2021, at 

15 least 90 percent of the number of individuals employed 

16 (after making adjustments for retirements or voluntary em17 ployee separations) by each airport as of March 27, 2020: 

18 Provided further, That the Secretary may waive the work19 force retention requirement in the previous proviso, if the 

20 Secretary determines the airport is experiencing economic 

21 hardship as a direct result of the requirement, or the re22 quirement reduces aviation safety or security: Provided fur23 ther, That the workforce retention requirement shall not 

24 apply to nonhub airports or nonprimary airports receiving 

25 funds under this heading in this Act: Provided further, That 
210 

•HR 925 EAH 

1 amounts repurposed by the provisions under this heading 

2 in this Act that were previously designated by the Congress 

3 as an emergency requirement pursuant to the Balanced 

4 Budget and Emergency Deficit Control Act of 1985 are des5 ignated by the Congress as an emergency requirement pur6 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985: Provided further, 

8 That such amount is designated by the Congress as being 

9 for an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

13 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

14 Of prior year unobligated contract authority and liq15 uidating cash provided for Motor Carrier Safety in the 

16 Transportation Equity Act for the 21st Century (Public 

17 Law 105–178), SAFETEA–LU (Public Law 109–59), or 

18 other appropriations or authorization acts, in addition to 

19 amounts already appropriated in fiscal year 2020 for 

20 ‘‘Motor Carrier Safety Operations and Programs’’, 

21 $238,500 in additional obligation limitation is provided 

22 and repurposed for obligations incurred to support activi23 ties to prevent, prepare for, and respond to coronavirus: 

24 Provided, That such amount is designated by the Congress 

25 as being for an emergency requirement pursuant to section 
211 

•HR 925 EAH 

1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 FEDERAL RAILROAD ADMINISTRATION

4 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

5 RAILROAD PASSENGER CORPORATION

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Northeast Corridor 

8 Grants to the National Railroad Passenger Corporation’’, 

9 $1,392,085,000, to remain available until expended, to pre10 vent, prepare for, and respond to coronavirus, including to 

11 enable the Secretary of Transportation to make or amend 

12 existing grants to the National Railroad Passenger Cor13 poration for activities associated with the Northeast Cor14 ridor, as authorized by section 11101(a) of the Fixing 

15 America’s Surface Transportation Act (division A of Public 

16 Law 114–94): Provided, That not less than $219,610,000 

17 of the amounts made available under this heading in this 

18 Act and the ‘‘National Network Grants to the National 

19 Railroad Passenger Corporation’’ heading in this Act shall 

20 be made available for use by the National Railroad Pas21 senger Corporation in lieu of capital payments from States 

22 and commuter rail passenger transportation providers sub23 ject to the cost allocation policy developed pursuant to sec24 tion 24905(c) of title 49, United States Code: Provided fur25 ther, That, notwithstanding sections 24319(g) and 
212 

•HR 925 EAH 

1 24905(c)(1)(A)(i) of title 49, United States Code, such use 

2 of funds does not constitute cross-subsidization of commuter 

3 rail passenger transportation: Provided further, That not 

4 more than $91,800,000 of the amounts made available 

5 under this heading in this Act shall be made available for 

6 use by the National Railroad Passenger Corporation to 

7 repay or prepay debt incurred by the National Railroad 

8 Passenger Corporation under financing arrangements en9 tered into prior to the enactment of this Act and to pay 

10 required reserves, costs, and fees related to such debt, includ11 ing for loans from the Department of Transportation and 

12 loans that would otherwise have been paid from National 

13 Railroad Passenger Corporation revenues: Provided further, 

14 That the Secretary may retain up to $4,890,000 of the 

15 amounts made available under both this heading in this 

16 Act and the ‘‘National Network Grants to the National 

17 Railroad Passenger Corporation’’ heading in this Act to 

18 fund the costs of project management and oversight of ac19 tivities authorized by section 11101(c) of the Fixing Amer20 ica’s Surface Transportation Act (division A of Public Law 

21 114–94): Provided further, That $1,000,000 of the amounts 

22 made available under both this heading in this Act and the 

23 ‘‘National Network Grants to the National Railroad Pas24 senger Corporation’’ heading in this Act shall be transferred 

25 to ‘‘National Railroad Passenger Corporation—Office of 
213 

•HR 925 EAH 

1 Inspector General—Salaries and Expenses’’ for conducting 

2 audits and investigations of projects and activities carried 

3 out with amounts made available in this Act and in title 

4 XII of division B of the Coronavirus Aid, Relief, and Eco5 nomic Security Act (Public Law 116–136) under the head6 ings ‘‘Northeast Corridor Grants to the National Railroad 

7 Passenger Corporation’’ and ‘‘National Network Grants to 

8 the National Railroad Passenger Corporation’’: Provided 

9 further, That amounts made available under this heading 

10 in this Act may be transferred to and merged with ‘‘Na11 tional Network Grants to the National Railroad Passenger 

12 Corporation’’ to prevent, prepare for, and respond to 

13 coronavirus: Provided further, That such amount is des14 ignated by the Congress as being for an emergency require15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

16 Budget and Emergency Deficit Control Act of 1985. 

17 NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD

18 PASSENGER CORPORATION

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘National Network 

21 Grants to the National Railroad Passenger Corporation’’, 

22 $1,007,915,000, to remain available until expended, to pre23 vent, prepare for, and respond to coronavirus, including to 

24 enable the Secretary of Transportation to make or amend 

25 existing grants to the National Railroad Passenger Cor-
214 

•HR 925 EAH 

1 poration for activities associated with the National Network 

2 as authorized by section 11101(b) of the Fixing America’s 

3 Surface Transportation Act (division A of Public Law 114– 

4 94): Provided, That not less than $349,700,000 of the 

5 amounts made available under this heading in this Act 

6 shall be made available for use by the National Railroad 

7 Passenger Corporation to be apportioned toward State pay8 ments required by the cost methodology policy adopted pur9 suant to section 209 of the Passenger Rail Investment and 

10 Improvement Act of 2008 (Public Law 110–432): Provided 

11 further, That a State-supported route’s share of such fund12 ing under the preceding proviso shall consist of (1) 7 per13 cent of the costs allocated to the route in fiscal year 2019 

14 under the cost methodology policy adopted pursuant to sec15 tion 209 of the Passenger Rail Investment and Improve16 ment Act of 2008 (Public Law 110–432), and (2) any re17 maining amounts under the preceding proviso shall be ap18 portioned to a route in proportion to its passenger revenue 

19 and other revenue allocated to a State-supported route in 

20 fiscal year 2019 divided by the total passenger revenue and 

21 other revenue allocated to all State-supported routes in fis22 cal year 2019: Provided further, That State-supported 

23 routes which terminated service on or before February 1, 

24 2020, shall not be included in the cost and revenue calcula25 tions made pursuant to the preceding proviso: Provided fur-
215 

•HR 925 EAH 

1 ther, That amounts made available under this heading in 

2 this Act may be transferred to and merged with ‘‘Northeast 

3 Corridor Grants to the National Railroad Passenger Cor4 poration’’ to prevent, prepare for, and respond to 

5 coronavirus: Provided further, That such amount is des6 ignated by the Congress as being for an emergency require7 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985. 

9 FEDERAL TRANSIT ADMINISTRATION

10 TRANSIT INFRASTRUCTURE GRANTS

11 For an additional amount for ‘‘Transit Infrastructure 

12 Grants’’, $32,000,000,000, to remain available until ex13 pended, to prevent, prepare for, and respond to coronavirus: 

14 Provided, That of the amounts appropriated under this 

15 heading in this Act— 

16 (1) $18,500,000,000 shall be for grants to recipi17 ents eligible under chapter 53 of title 49, United 

18 States Code, and administered as if such funds were 

19 provided under section 5307 of title 49, United States 

20 Code (apportioned in accordance with section 5336 of 

21 such title (other than subsections (h)(1) and (h)(4))), 

22 and section 5337 of title 49, United States Code (ap23 portioned in accordance with such section), except 

24 that funds apportioned under section 5337 shall be 

25 added to funds apportioned under 5307 for adminis-
216 

•HR 925 EAH 

1 tration under 5307: Provided, That the Secretary 

2 shall allocate the amounts provided in the preceding 

3 proviso under sections 5307 and 5337 of title 49, 

4 United States Code, in the same ratio as funds were 

5 provided under Public Law 116–94 and shall allocate 

6 such amounts not later than 14 days after enactment 

7 of this Act: Provided further, That the amounts allo8 cated to any urbanized area from amounts made 

9 available under this heading in this Act when com10 bined with the amounts allocated to each such urban11 ized area from funds appropriated under this heading 

12 in title XIII of division B of the CARES Act (Public 

13 Law 116–136) may not exceed more than 100 percent 

14 of any recipient’s 2018 operating costs based on data 

15 contained in the National Transit Database: Provided 

16 further, That for any urbanized area for which the 

17 calculation in the previous proviso exceeds 100 per18 cent of the urbanized area’s 2018 operating costs, the 

19 Secretary shall distribute funds in excess of such per20 cent to urbanized areas for which the calculation in 

21 the previous proviso does not exceed 100 percent in 

22 the same proportion as amounts allocated under the 

23 first proviso of this paragraph; 

24 (2) $2,500,000,000 shall be for grants under sec25 tion 5309 of title 49, United States Code: Provided, 
217 

•HR 925 EAH 

1 That of the amounts provided under this para2 graph— 

3 (A) $1,950,000,000 shall be for grants to re4 cipients that received an allocation under section 

5 5309 of title 49, United States Code, for fiscal 

6 year 2019 or fiscal year 2020 as of the date of 

7 enactment of this Act: Provided, That the Sec8 retary shall calculate each recipient’s non-Cap9 ital Investment Grant financial commitment for 

10 fiscal years 2019 and 2020 as a percentage of the 

11 non-Capital Investment Grant financial commit12 ments of all projects for such fiscal years and 

13 shall proportionally allocate such funds within 

14 14 days of enactment of this Act: Provided fur15 ther, That any recipient with a project open for 

16 revenue service for which they received a con17 struction grant agreement are not eligible for 

18 funds provided under this paragraph; and 

19 (B) $400,000,000 shall be for grants to re20 cipients that receive an allocation of fiscal year 

21 2019 or fiscal year 2020 funds after the date of 

22 enactment of this Act under section 5309 of title 

23 49, United States Code: Provided, That such 

24 grants shall be allocated to such recipients in 

25 proportion to the allocation of fiscal year 2019 
218 

•HR 925 EAH 

1 or fiscal 2020 funds provided to all projects allo2 cated funding after the date of enactment of this 

3 Act; and 

4 (C) no more than $150,000,000 for any re5 cipient of a grant under section 5309(h) of title 

6 49, United States Code, that may need addi7 tional assistance in completing a project that has 

8 received a grant agreement and shall issue a No9 tice of Funding Opportunity for amounts made 

10 available for projects eligible under section 

11 5309(h) of title 49, United States Code, not later 

12 than 120 days after the date of enactment of this 

13 Act: 

14 Provided further, That if amounts remain available 

15 after distributing funds under this paragraph, such 

16 amounts shall be added to the amounts made avail17 able under paragraph (5) under this heading: Pro18 vided further, That amounts made available under 

19 this paragraph shall not be included in any calcula20 tion of the maximum amount of Federal financial as21 sistance for the project under section 5309(k)(2)(C)(ii) 

22 or 5309(h)(7) of title 49, United States Code nor 

23 should they be subject to provisions in sections 

24 5309(a)(7)(A) or 5309(l)(1)(B)(ii) of such title; 
219 

•HR 925 EAH 

1 (3) $250,000,000 shall be for grants to recipients 

2 or subrecipients eligible under section 5310 of title 49, 

3 United States Code, and the Secretary of Transpor4 tation shall apportion such funds in accordance with 

5 such section: Provided, That the Secretary shall allo6 cate such funds in the same ratio as funds were pro7 vided in Public Law 116–94 and shall allocate such 

8 funds not later than 14 days after the date of enact9 ment of this Act; 

10 (4) $750,000,000 shall be for grants to recipients 

11 or subrecipients eligible under section 5311 of title 49, 

12 United States Code (other than subsection (b)(3) and 

13 (c)(1)(A)), and the Secretary of Transportation shall 

14 apportion such funds in accordance with such section: 

15 Provided, That the Secretary shall allocate these 

16 amounts in the same ratio as funds were provided in 

17 Public Law 116–94 and shall allocate funds within 

18 14 days of enactment of this Act; and 

19 (5) $10,000,000,000 shall be for grants to eligible 

20 recipients or subrecipients of funds under chapter 53 

21 of title 49, United States Code, that, as a result of 

22 coronavirus, require additional assistance to main23 tain operations: Provided, That such funds shall be 

24 administered as if they were provided under section 

25 5324 of title 49, United States Code: Provided further, 
220 

•HR 925 EAH 

1 That any recipient or subrecipient of funds under 

2 chapter 53 of title 49, United States Code, or an 

3 intercity bus service provider that has, since October 

4 1, 2018, partnered with a recipient or subrecipient in 

5 order to meet the requirements of section 5311(f) of 

6 such title shall be eligible to directly apply for funds 

7 under this paragraph: Provided further, That entities 

8 that have partnered with a recipient or subrecipient 

9 in order to meet the requirements of section 5311(f) 

10 of such title shall be eligible to receive not more than 

11 7.5 percent of the total funds provided under this 

12 paragraph and shall use assistance provided under 

13 this paragraph only for workforce retention or the re14 call or rehire of any laid off, furloughed, or termi15 nated employee associated with the provision of inter16 city bus service including, but not limited to, service 

17 eligible for funding under section 5311(f) of title 49, 

18 United States Code: Provided further, That when 

19 evaluating applications of intercity bus service assist20 ance, the Secretary shall give priority to preserving 

21 national and regional intercity bus networks and the 

22 rural services that make meaningful connections to 

23 those networks: Provided further, That the Secretary 

24 shall issue a Notice of Funding Opportunity not later 

25 than 120 days after the date of enactment of this Act 
221 

•HR 925 EAH 

1 that requires applications to be submitted not later 

2 than 180 days after the date of enactment of this Act: 

3 Provided further, That the Secretary shall make 

4 awards not later than 60 days after the application 

5 deadline: Provided further, That the Secretary shall 

6 require grantees to provide estimates of financial 

7 need, data on reduced ridership, and a spending plan 

8 for funds: Provided further, That when evaluating ap9 plications for assistance to transit agencies, the Sec10 retary shall give priority to agencies in urbanized 

11 areas that received less than 100 percent of their 2018 

12 operating expenses from the funds appropriated in 

13 paragraph (1) combined with the funds appropriated 

14 under this heading in title XII of division B of the 

15 CARES Act (Public Law 116–136), and transit agen16 cies with the largest revenue loss as a percentage of 

17 the agency’s 2018 operating expenses: Provided fur18 ther, That States may apply on behalf of a recipient, 

19 a subrecipient, or a group of recipients or subrecipi20 ents: Provided further, That if applications for assist21 ance do not exceed available funds, the Secretary shall 

22 reserve the remaining amounts for grantees to pre23 vent, prepare for, and respond to coronavirus and 

24 shall accept applications on a rolling basis: Provided 

25 further, That if amounts made available under this 
222 

•HR 925 EAH 

1 paragraph remain unobligated on December 31, 2021, 

2 such amounts shall be available for any purpose eligi3 ble under section 5324 of title 49, United States Code: 

4 Provided further, That the Secretary shall not waive the 

5 requirements of section 5333 of title 49, United States Code, 

6 for funds appropriated under this heading in this Act or 

7 for funds previously made available under section 5307 of 

8 title 49, United States Code, or sections 5310, 5311, 5337, 

9 or 5340 of such title as a result of the coronavirus: Provided 

10 further, That the provision of funds under this heading in 

11 this Act shall not affect the ability of any other agency of 

12 the Government, including the Federal Emergency Manage13 ment Agency, a State agency, or a local governmental enti14 ty, organization, or person, to provide any other funds oth15 erwise authorized by law: Provided further, That notwith16 standing subsection (a)(1) or (b) of section 5307 of title 49, 

17 United States Code, subsection (a)(1) of section 5324 of such 

18 title, or any provision of chapter 53 of title 49, funds pro19 vided under this heading in this Act are available for the 

20 operating expenses of transit agencies related to the response 

21 to a coronavirus public health emergency, including, begin22 ning on January 20, 2020, reimbursement for operating 

23 costs to maintain service and lost revenue due to the 

24 coronavirus public health emergency, including the pur25 chase of personal protective equipment, and paying the ad-
223 

•HR 925 EAH 

1 ministrative leave of operations or contractor personnel due 

2 to reductions in service: Provided further, That to the max3 imum extent possible, funds made available under this 

4 heading in this Act and in title XII of division B of the 

5 CARES Act (Public Law 116–136) shall be directed to pay6 roll and public transit, unless the recipient certifies to the 

7 Secretary that the recipient has not furloughed any employ8 ees: Provided further, That such operating expenses are not 

9 required to be included in a transportation improvement 

10 program, long-range transportation plan, statewide trans11 portation plan, or a statewide transportation improvement 

12 program: Provided further, That grants made under this 

13 heading in this Act and in title XII of division B of the 

14 CARES Act (Public Law 116–136) to recipients or sub15 recipients may be used to make payments to contractors 

16 providing transit operations service or maintenance of roll17 ing stock, right of way and/or stations at pre-COVID-19 

18 service billing levels in such amounts as existed on Feb19 ruary 3, 2020, even if such service was reduced due to the 

20 COVID-19 public health emergency: Provided further, That 

21 the preceding proviso may only apply if a contractor con22 tinuously retains its full and part-time workforce at their 

23 previous full or part-time status, and/or, where applicable, 

24 beginning on the date that employees of the contractor are 

25 able to return to work at their previous full or part-time 
224 

•HR 925 EAH 

1 status that it laid off, furloughed or terminated as a result 

2 of the COVID-19 public health emergency, or its effects, 

3 under the terms of any applicable collective bargaining 

4 agreement: Provided further, That private providers of pub5 lic transportation may be considered eligible sub-recipients 

6 of funding provided under this heading: Provided further, 

7 That unless otherwise specified, applicable requirements 

8 under chapter 53 of title 49, United States Code, shall 

9 apply to funding made available under this heading in this 

10 Act, except that the Federal share of the costs for which any 

11 grant is made under this heading in this Act shall be, at 

12 the option of the recipient, up to 100 percent: Provided fur13 ther, That the amount made available under this heading 

14 in this Act shall be derived from the general fund and shall 

15 not be subject to any limitation on obligations for transit 

16 programs set forth in any Act: Provided further, That not 

17 more than one-half of one percent of the funds for transit 

18 infrastructure grants, but not to exceed $125,000,000, pro19 vided under this heading in this Act shall be available for 

20 administrative expenses and ongoing program management 

21 oversight as authorized under sections 5334 and 5338(f)(2) 

22 of title 49, United States Code, and shall be in addition 

23 to any other appropriations for such purpose: Provided fur24 ther, That such amount is designated by the Congress as 

25 being for an emergency requirement pursuant to section 
225 

•HR 925 EAH 

1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

4 OPERATIONS AND MAINTENANCE

5 (HARBOR MAINTENANCE TRUST FUND)

6 For necessary expenses to conduct the operations, 

7 maintenance, and capital infrastructure activities of the 

8 Seaway International Bridge, $1,500,000, to be derived 

9 from the Harbor Maintenance Trust Fund pursuant to sec10 tion 210 of the Water Resources Development Act of 1986 

11 (33 U.S.C. 2238), to prevent, prepare for, and respond to 

12 coronavirus: Provided, That such amount is designated by 

13 the Congress as being for an emergency requirement pursu14 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 OFFICE OF INSPECTOR GENERAL

17 SALARIES AND EXPENSES

18 For an additional amount for ‘‘Office of Inspector 

19 General’’, $5,000,000, to remain available until expended, 

20 to prevent, prepare for, and respond to coronavirus: Pro21 vided, That the funding made available under this heading 

22 in this Act shall be used for conducting audits and inves23 tigations of projects and activities carried out by the De24 partment of Transportation to prevent, prepare for, and re25 spond to coronavirus: Provided further, That such amount 
226 

•HR 925 EAH 

1 is designated by the Congress as being for an emergency 

2 requirement pursuant to section 251(b)(2)(A)(i) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 DEPARTMENT OF HOUSING AND URBAN 

5 DEVELOPMENT 

6 PUBLIC AND INDIAN HOUSING

7 TENANT-BASED RENTAL ASSISTANCE

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Tenant-Based Rental 

10 Assistance’’, $4,000,000,000, to remain available until ex11 pended, and to be used under the same authority and condi12 tions as the additional appropriations for fiscal year 2020 

13 under this heading in title XII of division B of the CARES 

14 Act (Public Law 116–136), except that any amounts pro15 vided for administrative expenses and other expenses of 

16 public housing agencies for their section 8 programs, in17 cluding Mainstream vouchers, under this heading in the 

18 CARES Act (Public Law 116–136) and under this heading 

19 in this Act shall also be available for Housing Assistance 

20 Payments under section 8(o) of the United States Housing 

21 Act of 1937 (42 U.S.C. 1437f(o)): Provided, That amounts 

22 made available under this heading in this Act and under 

23 the same heading in title XII of division B of the CARES 

24 Act may be used to cover or reimburse allowable costs in25 curred to prevent, prepare for, and respond to coronavirus 
227 

•HR 925 EAH 

1 regardless of the date on which such costs were incurred: 

2 Provided further, That of the amounts made available 

3 under this heading in this Act, $500,000,000 shall be avail4 able for administrative expenses and other expenses of pub5 lic housing agencies for their section 8 programs, including 

6 Mainstream vouchers: Provided further, That of the 

7 amounts made available under this heading in this Act, 

8 $2,500,000,000 shall be available for adjustments in the cal9 endar year 2020 or 2021 section 8 renewal funding alloca10 tions, including Mainstream vouchers, for public housing 

11 agencies that experience a significant increase in voucher 

12 per-unit costs due to extraordinary circumstances or that, 

13 despite taking reasonable cost savings measures, as deter14 mined by the Secretary, would otherwise be required to ter15 minate rental assistance for families as a result of insuffi16 cient funding: Provided further, That of the amounts made 

17 available under this heading in this Act, $1,000,000,000 

18 shall be used for incremental rental voucher assistance 

19 under section 8(o) of the United States Housing Act of 1937 

20 for use by individuals and families who are—homeless, as 

21 defined under section 103(a) of the McKinney-Vento Home22 less Assistance Act (42 U.S.C. 11302(a)); at risk of home23 lessness, as defined under section 401(1) of the McKinney24 Vento Homeless Assistance Act (42 U.S.C. 11360(1)); or 

25 fleeing, or attempting to flee, domestic violence, dating vio-
228 

•HR 925 EAH 

1 lence, sexual assault, or stalking: Provided further, That the 

2 Secretary shall allocate amounts made available in the pre3 ceding proviso to public housing agencies not later than 60 

4 days after the date of enactment of this Act, according to 

5 a formula that considers the ability of the public housing 

6 agency to use vouchers promptly and the need of geo7 graphical areas based on factors to be determined by the 

8 Secretary, such as risk of transmission of coronavirus, high 

9 numbers or rates of sheltered and unsheltered homelessness, 

10 and economic and housing market conditions: Provided fur11 ther, That if a public housing authority elects not to admin12 ister or does not promptly issue all of its authorized vouch13 ers within a reasonable period of time, the Secretary shall 

14 reallocate any unissued vouchers and associated funds to 

15 other public housing agencies according to the criteria in 

16 the preceding proviso: Provided further, That a public hous17 ing agency shall not reissue any vouchers under this head18 ing in this Act for incremental rental voucher assistance 

19 when assistance for the family initially assisted is termi20 nated: Provided further, That upon termination of incre21 mental rental voucher assistance under this heading in this 

22 Act for one or more families assisted by a public housing 

23 agency, the Secretary shall reallocate amounts that are no 

24 longer needed by such public housing agency for assistance 

25 under this heading in this Act to another public housing 
229 

•HR 925 EAH 

1 agency for the renewal of vouchers previously authorized 

2 under this heading in this Act: Provided further, That 

3 amounts made available in this paragraph are in addition 

4 to any other amounts made available for such purposes: 

5 Provided further, That up to 0.5 percent of the amounts 

6 made available under this heading in this Act may be 

7 transferred, in aggregate, to ‘‘Department of Housing and 

8 Urban Development, Program Offices—Public and Indian 

9 Housing’’ to supplement existing resources for the necessary 

10 costs of administering and overseeing the obligation and ex11 penditure of these amounts, to remain available until Sep12 tember 30, 2024: Provided further, That such amount is des13 ignated by the Congress as being for an emergency require14 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 PUBLIC HOUSING OPERATING FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘Public Housing Oper19 ating Fund’’, as authorized by section 9(e) of the United 

20 States Housing Act of 1937 (42 U.S.C. 1437g(e)), 

21 $2,000,000,000, to be used under the same authority and 

22 conditions as the additional appropriations for fiscal year 

23 2020 under this heading in title XII of division B of the 

24 CARES Act (Public Law 116–136): Provided, That 

25 amounts made available under this heading in this Act and 
230 

•HR 925 EAH 

1 under the same heading in title XII of division B of the 

2 CARES Act may be used to cover or reimburse allowable 

3 costs incurred to prevent, prepare for, and respond to 

4 coronavirus regardless of the date on which such costs were 

5 incurred: Provided further, That up to 0.5 percent of the 

6 amounts made available under this heading in this Act may 

7 be transferred, in aggregate, to ‘‘Department of Housing 

8 and Urban Development, Program Offices—Public and In9 dian Housing’’ to supplement existing resources for the nec10 essary costs of administering and overseeing the obligation 

11 and expenditure of these amounts, to remain available until 

12 September 30, 2024: Provided further, That such amount 

13 is designated by the Congress as being for an emergency 

14 requirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

16 NATIVE AMERICAN PROGRAMS

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘Native American Pro19 grams’’, $400,000,000, to remain available until September 

20 30, 2024, and to be used under the same authority and con21 ditions as the additional appropriations for fiscal year 

22 2020 under this heading in title XII of division B of the 

23 Coronavirus Aid, Relief, and Economic Security Act (Pub24 lic Law 116–136): Provided, That the amounts made avail25 able under this heading in this Act are as follows: 
231 

•HR 925 EAH 

1 (1) Up to $150,000,000 shall be available for the 

2 Native American Housing Block Grants program, as 

3 authorized under title I of the Native American Hous4 ing Assistance and Self-Determination Act of 1996 

5 (25 U.S.C. 4111 et seq.); and 

6 (2) Not less than $250,000,000 shall be available 

7 for grants to Indian tribes under the Indian Commu8 nity Development Block Grant program under title I 

9 of the Housing and Community Development Act of 

10 1974 (42 U.S.C. 5306(a)(1)), notwithstanding section 

11 106(a)(1) of such Act, for emergencies that constitute 

12 imminent threats to health and safety: 

13 Provided further, That amounts made available under 

14 paragraph (1) under this heading in title XII of division 

15 B of the Coronavirus Aid, Relief, and Economic Security 

16 Act (Public Law 116–136) which are allocated to Indian 

17 tribes or tribally designated housing entities, and which are 

18 not accepted, are voluntarily returned, or otherwise recap19 tured for any reason, may be used by the Secretary to make 

20 awards under paragraph (2) under this heading in title XII 

21 of division B of the Coronavirus Aid, Relief, and Economic 

22 Security Act (Public Law 116–136), in addition to 

23 amounts otherwise available for such purposes: Provided 

24 further, That up to one-half of 1 percent of the amounts 

25 made available under this heading in this Act may be 
232 

•HR 925 EAH 

1 transferred, in aggregate, to ‘‘Department of Housing and 

2 Urban Development, Program Offices—Public and Indian 

3 Housing’’ for necessary costs of administering and over4 seeing the obligation and expenditure of such amounts and 

5 of amounts made available under this heading in title XII 

6 of division B of the Coronavirus Aid, Relief, and Economic 

7 Security Act (Public Law 116–136), to remain available 

8 until September 30, 2029, in addition to any other amounts 

9 made available for such purposes: Provided further, That 

10 such amount is designated by the Congress as being for an 

11 emergency requirement pursuant to section 251(b)(2)(A)(i) 

12 of the Balanced Budget and Emergency Deficit Control Act 

13 of 1985. 

14 COMMUNITY PLANNING AND DEVELOPMENT

15 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for ‘‘Housing Opportunities 

18 for Persons with AIDS’’, $65,000,000, to be used under the 

19 same authority and conditions as the additional appropria20 tions for fiscal year 2020 under this heading in title XII 

21 of division B of the CARES Act (Public Law 116–136): 

22 Provided, That amounts provided under this heading in 

23 this Act that are allocated pursuant to section 854(c)(5) of 

24 the AIDS Housing Opportunity Act (42 U.S.C. 12901 et 

25 seq.) shall remain available until September 30, 2022: Pro-
233 

•HR 925 EAH 

1 vided further, That not less than $15,000,000 of the amount 

2 provided under this heading in this Act shall be allocated 

3 pursuant to the formula in section 854 of such Act using 

4 the same data elements as utilized pursuant to that same 

5 formula in fiscal year 2020: Provided further, That up to 

6 0.5 percent of the amounts made available under this head7 ing in this Act may be transferred to ‘‘Department of Hous8 ing and Urban Development—Program Offices—Commu9 nity Planning and Development’’ for necessary costs of ad10 ministering and overseeing the obligation and expenditure 

11 of amounts under this heading in this Act, to remain avail12 able until September 30, 2030: Provided further, That such 

13 amount is designated by the Congress as being for an emer14 gency requirement pursuant to section 251(b)(2)(A)(i) of 

15 the Balanced Budget and Emergency Deficit Control Act 

16 of 1985. 

17 COMMUNITY DEVELOPMENT FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Community Develop20 ment Fund’’, $5,000,000,000, to remain available until 

21 September 30, 2023, and to be used under the same author22 ity and conditions as the additional appropriations for fis23 cal year 2020 under this heading in title XII of division 

24 B of the CARES Act (Public Law 116–136): Provided, That 

25 such amount made available under this heading in this Act 
234 

•HR 925 EAH 

1 shall be distributed pursuant to section 106 of the Housing 

2 and Community Development Act of 1974 (42 U.S.C. 5306) 

3 to grantees that received allocations pursuant to such for4 mula in fiscal year 2020, and that such allocations shall 

5 be made within 30 days of enactment of this Act: Provided 

6 further, That in administering funds under this heading, 

7 an urban county shall consider needs throughout the entire 

8 urban county configuration to prevent, prepare for, and re9 spond to coronavirus: Provided further, That up to 

10 $100,000,000 of amounts made available under this heading 

11 in this Act may be used to make new awards or increase 

12 prior awards to existing technical assistance providers: Pro13 vided further, That of the amounts made available under 

14 this heading in this Act, up to $25,000,000 may be trans15 ferred to ‘‘Department of Housing and Urban Development, 

16 Program Offices—Community Planning and Development’’ 

17 for necessary costs of administering and overseeing the obli18 gation and expenditure of amounts under this heading in 

19 this Act, to remain available until September 30, 2028: Pro20 vided further, That such amount is designated by the Con21 gress as being for an emergency requirement pursuant to 

22 section 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985. 
235 

•HR 925 EAH 

1 HOMELESS ASSISTANCE GRANTS

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘Homeless Assistance 

4 Grants’’, $5,000,000,000, to remain available until Sep5 tember 30, 2025, for the Emergency Solutions Grants pro6 gram as authorized under subtitle B of title IV of the 

7 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 

8 et seq.), as amended, and to be used under the same author9 ity and conditions as the additional appropriations for fis10 cal year 2020 under this heading in title XII of division 

11 B of the CARES Act (Public Law 116–136): Provided, That 

12 $3,000,000,000 of the amount made available under this 

13 heading in this Act shall be distributed pursuant to 24 CFR 

14 576.3 to grantees that received allocations pursuant to that 

15 same formula in fiscal year 2020, and that such allocations 

16 shall be made within 30 days of enactment of this Act: Pro17 vided further, That, in addition to amounts allocated in 

18 the preceding proviso, remaining amounts shall be allocated 

19 directly to a State or unit of general local government by 

20 the formula specified in the third proviso under this head21 ing in title XII of division B of the CARES Act (Public 

22 Law 116–136): Provided further, That not later than 90 

23 days after the date of enactment of this Act and every 60 

24 days thereafter, the Secretary shall allocate a minimum of 

25 an additional $500,000,000, pursuant to the formula re-
236 

•HR 925 EAH 

1 ferred to in the preceding proviso, based on the best avail2 able data: Provided further, That up to 0.5 percent of the 

3 amounts made available under this heading in this Act may 

4 be transferred to ‘‘Department of Housing and Urban De5 velopment—Program Offices—Community Planning and 

6 Development’’ for necessary costs of administering and 

7 overseeing the obligation and expenditure of amounts under 

8 this heading in this Act, to remain available until Sep9 tember 30, 2030: Provided further, That funds made avail10 able under this heading in this Act and under this heading 

11 in title XII of division B of the CARES Act (Public Law 

12 116–136) may be used for eligible activities the Secretary 

13 determines to be critical in order to assist survivors of do14 mestic violence, sexual assault, dating violence, and stalking 

15 or to assist homeless youth, age 24 and under: Provided fur16 ther, That a grantee, when contracting with service pro17 viders engaged directly in the provision of services to home18 less persons served by the program, shall, to the extent prac19 ticable, enter into contracts in amounts that cover the ac20 tual total program costs and administrative overhead to 

21 provide the services contracted: Provided further, That 

22 amounts repurposed by this paragraph that were previously 

23 designated by the Congress as an emergency requirement 

24 pursuant to the Balanced Budget and Emergency Deficit 

25 Control Act of 1985 are designated by the Congress as an 
237 

•HR 925 EAH 

1 emergency requirement pursuant to section 251(b)(2)(A)(i) 

2 of the Balanced Budget and Emergency Deficit Control Act 

3 of 1985: Provided further, That such amount is designated 

4 by the Congress as being for an emergency requirement pur5 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

6 Emergency Deficit Control Act of 1985. 

7 EMERGENCY RENTAL ASSISTANCE

8 For activities and assistance authorized in section 201 

9 of division O of this Act (the ‘‘COVID–19 HERO ACT’’), 

10 $50,000,000,000, to remain available until expended: Pro11 vided, That such amount is designated by the Congress as 

12 being for an emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 HOUSING PROGRAMS

16 PROJECT-BASED RENTAL ASSISTANCE

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘Project-Based Rental 

19 Assistance’’, $750,000,000, to remain available until ex20 pended, and to be used under the same authority and condi21 tions as the additional appropriations for fiscal year 2020 

22 under this heading in title XII of division B of the CARES 

23 Act (Public Law 116–136): Provided, That up to 0.5 per24 cent of the amounts made available under this heading in 

25 this Act may be transferred to ‘‘Department of Housing and 
238 

•HR 925 EAH 

1 Urban Development—Program Offices—Office of Housing’’ 

2 for necessary costs of administering and overseeing the obli3 gation and expenditure of amounts under this heading in 

4 this Act, to remain available until September 30, 2030: Pro5 vided further, That such amount is designated by the Con6 gress as being for an emergency requirement pursuant to 

7 section 251(b)(2)(A)(i) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985. 

9 HOUSING FOR THE ELDERLY

10 (INCLUDING TRANSFER OF FUNDS)

11 For an additional amount for ‘‘Housing for the Elder12 ly’’, $500,000,000, to remain available until September 30, 

13 2023, and to be used under the same authority and condi14 tions as the additional appropriations for fiscal year 2020 

15 under this heading in title XII of division B of the CARES 

16 Act (Public Law 116–136): Provided, That notwithstanding 

17 the first proviso under this heading in the CARES Act, 

18 $300,000,000 of the amount made available under this 

19 heading in this Act shall be for one-time grants for service 

20 coordinators, as authorized under section 676 of the Hous21 ing and Community Development Act of 1992 (42 U.S.C. 

22 13632), and the continuation of existing congregate service 

23 grants for residents of assisted housing projects: Provided 

24 further, That up to 0.5 percent of the amounts made avail25 able under this heading in this Act may be transferred to 
239 

•HR 925 EAH 

1 ‘‘Department of Housing and Urban Development—Pro2 gram Offices—Office of Housing’’ for necessary costs of ad3 ministering and overseeing the obligation and expenditure 

4 of amounts under this heading in this Act, to remain avail5 able until September 30, 2030: Provided further, That such 

6 amount is designated by the Congress as being for an emer7 gency requirement pursuant to section 251(b)(2)(A)(i) of 

8 the Balanced Budget and Emergency Deficit Control Act 

9 of 1985. 

10 HOUSING FOR PERSONS WITH DISABILITIES

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount for ‘‘Housing for Persons 

13 with Disabilities’’, $45,000,000, to remain available until 

14 September 30, 2023, and to be used under the same author15 ity and conditions as the additional appropriations for fis16 cal year 2020 under this heading in title XII of division 

17 B of the CARES Act (Public Law 116–136): Provided, That 

18 up to 0.5 percent of the amounts made available under this 

19 heading in this Act may be transferred to ‘‘Department of 

20 Housing and Urban Development—Program Offices—Of21 fice of Housing’’ for necessary costs of administering and 

22 overseeing the obligation and expenditure of amounts under 

23 this heading in this Act, to remain available until Sep24 tember 30, 2030: Provided further, That such amount is des25 ignated by the Congress as being for an emergency require-
240 

•HR 925 EAH 

1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 FAIR HOUSING AND EQUAL OPPORTUNITY

4 FAIR HOUSING ACTIVITIES

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Fair Housing Activi7 ties’’, $14,000,000, to remain available until September 30, 

8 2022, and to be used under the same authority and condi9 tions as the additional appropriations for fiscal year 2020 

10 under this heading in title XII of division B of the CARES 

11 Act (Public Law 116–136): Provided, That of the funds 

12 made available under this heading in this Act, $4,000,000 

13 shall be for Fair Housing Organization Initiative grants 

14 through the Fair Housing Initiatives Program (FHIP), 

15 made available to existing grantees, which may be used for 

16 fair housing activities and for technology and equipment 

17 needs to deliver services through use of the Internet or other 

18 electronic or virtual means in response to the public health 

19 emergency related to the Coronavirus Disease 2019 

20 (COVID–19) pandemic: Provided further, That of the funds 

21 made available under this heading in this Act, $10,000,000 

22 shall be for FHIP Education and Outreach grants made 

23 available to previously-funded national media grantees and 

24 State and local education and outreach grantees, to educate 

25 the public and the housing industry about fair housing 
241 

•HR 925 EAH 

1 rights and responsibilities during the COVID–19 pandemic: 

2 Provided further, That such grants in the preceding proviso 

3 shall be divided evenly between the national media cam4 paign and education and outreach activities: Provided fur5 ther, That up to 0.5 percent of the amounts made available 

6 under this heading in this Act may be transferred to ‘‘De7 partment of Housing and Urban Development—Program 

8 Offices—Fair Housing and Equal Opportunity’’ for nec9 essary costs of administering and overseeing the obligation 

10 and expenditure of amounts under this heading in this Act, 

11 to remain available until September 30, 2030: Provided fur12 ther, That such amount is designated by the Congress as 

13 being for an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 OFFICE OF INSPECTOR GENERAL

17 For an additional amount for ‘‘Office of Inspector 

18 General’’, $5,000,000, to remain available until expended, 

19 to prevent, prepare for, and respond to coronavirus: Pro20 vided, That the funding made available under this heading 

21 in this Act shall be used for conducting audits and inves22 tigations of projects and activities carried by the Depart23 ment of Housing and Urban Development to prevent, pre24 pare for, and respond to coronavirus: Provided further, 

25 That such amount is designated by the Congress as being 
242 

•HR 925 EAH 

1 for an emergency requirement pursuant to section 

2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 RELATED AGENCY 

5 NEIGHBORHOOD REINVESTMENT CORPORATION

6 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

7 CORPORATION

8 For an additional amount for ‘‘Payment to the Neigh9 borhood Reinvestment Corporation’’, $100,000,000, to re10 main available until expended, to the Neighborhood Rein11 vestment Corporation (‘‘NRC’’) for housing counseling for 

12 households threatened with housing instability due to the 

13 economic circumstances caused by the COVID-19 pandemic, 

14 under the following terms and conditions: 

15 (1) The NRC shall make grants to counseling 

16 intermediaries approved by the Department of Hous17 ing and Urban Development (‘‘HUD’’) to provide 

18 housing counseling assistance to help prevent and re19 spond to the displacement of residents due to eviction, 

20 default of mortgages, or foreclosure of mortgages 

21 (‘‘Housing Counseling Assistance’’). State Housing 

22 Finance Agencies may also be eligible to receive 

23 grants where they meet all the requirements under 

24 this heading. NRC may target grants may to HUD25 approved counseling intermediaries and State Hous-
243 

•HR 925 EAH 

1 ing Finance Agencies based on their ability to serve 

2 the most vulnerable communities, based on an anal3 ysis by the NRC of which areas are most impacted by 

4 the economic circumstances caused by the COVID-19 

5 pandemic. 

6 (2) Housing Counseling Assistance shall be made 

7 available to consumers facing housing instability 

8 (‘‘Housing Counseling Clients’’). Housing Counseling 

9 Clients will be provided such assistance that shall 

10 consist of activities that are likely to prevent evictions 

11 or foreclosures, and result in the long-term afford12 ability of the housing unit retained pursuant to such 

13 activity or another positive outcome for the Housing 

14 Counseling Client. No funds made available under 

15 this heading may be provided directly to lenders, to 

16 landlords, or to Housing Counseling Clients to dis17 charge outstanding rent or mortgage balances or for 

18 any other direct debt reduction payments. 

19 (3) Not less than 40 percent of grant funds made 

20 available under this heading shall be provided to 

21 counseling organizations that target Housing Coun22 seling Assistance to minority and low-income home23 owners, renters, individuals experiencing homeless24 ness, and individuals at risk of homelessness or pro25 vide such services in neighborhoods with high con-
244 

•HR 925 EAH 

1 centrations of minority and low-income homeowners, 

2 renters, individuals experiencing homelessness, and 

3 individuals at risk of homelessness. 

4 (4) The delivery of Housing Counseling Assist5 ance as provided under this heading shall involve a 

6 reasonable analysis of the Housing Counseling Cli7 ent’s financial situation, resources available to the 

8 Housing Counseling Client, and advice on applicable 

9 laws or rules regarding eviction protections, mortgage 

10 forbearance, or foreclosure protection. 

11 (5) NRC may provide up to 15 percent of the 

12 Housing Counseling Assistance grant funds under 

13 this heading to its own charter members with exper14 tise in housing counseling, subject to a certification 

15 by the NRC that the procedures for selection do not 

16 consist of any procedures or activities that could be 

17 construed as an unacceptable conflict of interest or 

18 have the appearance of impropriety. 

19 (6) The HUD-approved counseling inter20 mediaries and State Housing Finance Agencies re21 ceiving funds under this heading shall have dem22 onstrated experience in housing counseling (including 

23 foreclosure counseling, rental counseling, homelessness, 

24 and/or financial counseling) and outreach. NRC may 
245 

•HR 925 EAH 

1 use other criteria to demonstrate capacity, particu2 larly in underserved areas. 

3 (7) Of the total amount made available under 

4 this heading, up to 4 percent of the amounts made 

5 available under this heading in this Act may be made 

6 available to support non-grant costs associated with 

7 the Housing Counseling Assistance grants program, 

8 including training, administrative costs, grant com9 pliance, and evaluation. 

10 (8) The NRC shall build the relevant capacities 

11 of HUD-approved counseling intermediaries and 

12 State Housing Finance Agencies through a com13 prehensive training program of NRC training 

14 courses, except that private financial institutions that 

15 participate in NRC training shall pay market rates 

16 for such training. 

17 (9) Housing Counseling Assistance grants may 

18 include a budget for outreach, advertising, technology, 

19 reporting, training, sub-grantee oversight, and other 

20 program-related support as determined by the NRC. 

21 (10) The NRC shall report annually to the Com22 mittees on Appropriations of the House of Represent23 atives and the Senate as well as the Senate Banking 

24 Committee and House Financial Services Committee 
246 

•HR 925 EAH 

1 on its efforts to mitigate housing instability caused by 

2 the COVID-19 pandemic. 

3 Provided, That such amount is designated by the Congress 

4 as being for an emergency requirement pursuant to section 

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985. 

7 GENERAL PROVISIONS—THIS TITLE 

8 SEC. 1201. The provision under the heading ‘‘Office 

9 of the Inspector General—Salaries and Expenses’’ in title 

10 XII of division B of the Coronavirus Aid, Relief, and Eco11 nomic Security Act (Public Law 116–136) is amended by 

12 striking ‘‘with funds made available in this Act to’’ and 

13 inserting ‘‘by’’: Provided, That the amounts repurposed in 

14 this section that were previously designated by the Congress 

15 as an emergency requirement pursuant to the Balanced 

16 Budget and Emergency Deficit Control Act of 1985 are des17 ignated by the Congress as an emergency requirement pur18 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

19 Emergency Deficit Control Act of 1985. 

20 SEC. 1202. Amounts made available under the head21 ings ‘‘Project-Based Rental Assistance’’, ‘‘Housing for the 

22 Elderly’’ and ‘‘Housing for Persons With Disabilities’’ in 

23 title XII of division B of the CARES Act (Public Law 116– 

24 136) and under such headings in this title of this Act may 

25 be used, notwithstanding any other provision of law, to pro-
247 

•HR 925 EAH 

1 vide additional funds to maintain operations for such hous2 ing, for providing supportive services, and for taking other 

3 necessary actions to prevent, prepare for, and respond to 

4 coronavirus, including to actions to self-isolate, quarantine, 

5 or to provide other coronavirus infection control services as 

6 recommended by the Centers for Disease Control and Pre7 vention, including providing relocation services for resi8 dents of such housing to provide lodging at hotels, motels, 

9 or other locations: Provided, That the amounts repurposed 

10 pursuant to this section that were previously designated by 

11 the Congress as an emergency requirement pursuant to the 

12 Balanced Budget and Emergency Deficit Control Act of 

13 1985 are designated by the Congress as an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

16 SEC. 1203. Amounts made available in this Act under 

17 the headings ‘‘Northeast Corridor Grants to the National 

18 Railroad Passenger Corporation’’ and ‘‘National Network 

19 Grants to the National Railroad Passenger Corporation’’ 

20 shall be used under the same conditions as section 22002 

21 of title XII of division B of the Coronavirus Aid, Relief, 

22 and Economic Security Act (Public Law 116–136): Pro23 vided, That the amounts made available in this Act under 

24 such headings shall be used by the National Railroad Pas25 senger Corporation to prevent employee furloughs as a re-
248 

•HR 925 EAH 

1 sult of efforts to prevent, prepare for, and respond to 

2 coronavirus: Provided further, That none of the funds made 

3 available in this Act under such headings may be used by 

4 the National Railroad Passenger Corporation to reduce the 

5 frequency of rail service on any long-distance route (as de6 fined in section 24102 of title 49, United States Code) below 

7 frequencies for such routes in fiscal year 2019, except in 

8 an emergency or during maintenance or construction out9 ages impacting such routes: Provided further, That the 

10 coronavirus shall not qualify as an emergency in the pre11 ceding proviso. 

12 SEC. 1204. For fiscal year 2021, in addition to pay13 ments made pursuant to 53106 of title 46, United States 

14 Code, the Secretary of Transportation shall pay to the con15 tractor for an operating agreement entered into pursuant 

16 to chapter 531 of title 46, United States Code, for each vessel 

17 that is covered by such operating agreement as of the date 

18 of enactment of this Act, an amount equal to $500,000: Pro19 vided, That payments authorized by this section shall be 

20 paid not later than 60 days after the date of enactment 

21 of this Act: Provided further, That any unobligated balances 

22 remaining from the amounts made available for payments 

23 under the heading ‘‘Maritime Administration—Maritime 

24 Security Program’’ in any prior Act may be used for such 

25 payments. 
249 

•HR 925 EAH 

1 SEC. 1205. During the duration of the national emer2 gency declared by the President concerning the novel 

3 coronavirus disease (COVID–19), the Secretary may extend 

4 the time period referenced in 23 U.S.C. 120(e)(1) to account 

5 for delays in access, construction, repair or other similar 

6 issues. 

7 TITLE XIII 

8 GENERAL PROVISIONS—THIS DIVISION 

9 SEC. 1301. Not later than 30 days after the date of 

10 enactment of this Act, the head of each executive agency that 

11 receives funding in any division of this Act, or that received 

12 funding in the Coronavirus Preparedness and Response 

13 Supplemental Appropriations Act, 2020 (division A of Pub14 lic Law 116–123), the Second Coronavirus Preparedness 

15 and Response Supplemental Appropriations Act, 2020 (di16 vision A of Public Law 116–127), the CARES Act (Public 

17 Law 116–136), or the Paycheck Protection Program and 

18 Health Care Enhancement Act (Public Law 116–139) shall 

19 provide a report detailing the anticipated uses of all such 

20 funding to the Committees on Appropriations of the House 

21 of Representatives and the Senate: Provided, That each re22 port shall include estimated personnel and administrative 

23 costs, as well as the total amount of funding apportioned, 

24 allotted, obligated, and expended, to date: Provided further, 

25 That each such report shall be updated and submitted to 
250 

•HR 925 EAH 

1 such Committees every 60 days until all funds are expended 

2 or expire: Provided further, That reports submitted pursu3 ant to this section shall satisfy the requirements of section 

4 1701 of division A of Public Law 116–127. 

5 SEC. 1302. Each amount appropriated or made avail6 able by this Act is in addition to amounts otherwise appro7 priated for the fiscal year involved. 

8 SEC. 1303. No part of any appropriation contained 

9 in this Act shall remain available for obligation beyond the 

10 current fiscal year unless expressly so provided herein. 

11 SEC. 1304. Unless otherwise provided for by this Act, 

12 the additional amounts appropriated by this Act to appro13 priations accounts shall be available under the authorities 

14 and conditions applicable to such appropriations accounts 

15 for fiscal year 2021. 

16 SEC. 1305. Each amount designated in this Act by the 

17 Congress as being for an emergency requirement pursuant 

18 to section 251(b)(2)(A)(i) of the Balanced Budget and 

19 Emergency Deficit Control Act of 1985 shall be available 

20 (or rescinded or transferred, if applicable) only if the Presi21 dent subsequently so designates all such amounts and trans22 mits such designations to the Congress. 

23 SEC. 1306. (a) STATUTORY PAYGO EMERGENCY DES24 IGNATION.—The amounts provided under division B and 

25 each succeeding division are designated as an emergency 
251 

•HR 925 EAH 

1 requirement pursuant to section 4(g) of the Statutory Pay2 As-You-Go Act of 2010 (2 U.S.C. 933(g)), and the budgetary 

3 effects shall not be entered on either PAYGO scorecard 

4 maintained pursuant to section 4(d) of such Act. 

5 (b) SENATE PAYGO EMERGENCY DESIGNATION.—In 

6 the Senate, division B and each succeeding division are des7 ignated as an emergency requirement pursuant to section 

8 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 

9 resolution on the budget for fiscal year 2018. 

10 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not11 withstanding Rule 3 of the Budget Scorekeeping Guidelines 

12 set forth in the joint explanatory statement of the committee 

13 of conference accompanying Conference Report 105–217 

14 and section 250(c)(8) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985, the budgetary effects of 

16 division B and each succeeding division— 

17 (1) shall not be estimated for purposes of section 

18 251 of such Act; 

19 (2) shall not be estimated for purposes of para20 graph (4)(C) of section 3 of the Statutory Pay As21 You-Go Act of 2010 as being included in an appro22 priation Act; and 

23 (3) shall be treated as if they were contained in 

24 a PAYGO Act, as defined by section 3(7) of the Statu25 tory Pay-As-You-Go Act of 2010 (2 U.S.C. 932(7)). 
252 

•HR 925 EAH 

1 SEC. 1307. (a) Any contract or agreement entered into 

2 by an agency with a State or local government or any other 

3 non-Federal entity for the purposes of providing covered as4 sistance, including any information and documents related 

5 to the performance of and compliance with such contract 

6 or agreement, shall be— 

7 (1) deemed an agency record for purposes of sec8 tion 552(f)(2) of title 5, United States Code; and 

9 (2) subject to section 552 of title 5, United States 

10 Code (commonly known as the ‘‘Freedom of Informa11 tion Act’’). 

12 (b) In this section— 

13 (1) the term ‘‘agency’’ has the meaning given the 

14 term in section 551 of title 5, United States Code; 

15 and 

16 (2) the term ‘‘covered assistance’’— 

17 (A) means any assistance provided by an 

18 agency in accordance with an Act or amend19 ments made by an Act to provide aid, assistance, 

20 or funding related to the outbreak of COVID–19 

21 that is enacted before, on, or after the date of en22 actment of this Act; and 

23 (B) includes any such assistance made 

24 available by an agency under— 

25 (i) any division of this Act; 
253 

•HR 925 EAH 

1 (ii) the Paycheck Protection Program 

2 and Health Care Enhancement Act (Public 

3 Law 116–139), or an amendment made by 

4 that Act; 

5 (iii) the CARES Act (Public Law 116– 

6 136), or an amendment made by that Act; 

7 (iv) the Families First Coronavirus 

8 Response Act (Public Law 116–127), or an 

9 amendment made by that Act; or 

10 (v) the Coronavirus Preparedness and 

11 Response Supplemental Appropriations Act, 

12 2020 (Public Law 116–123), or an amend13 ment made by that Act. 

14 SEC. 1308. (a) Notwithstanding any other provision 

15 of law and in a manner consistent with other provisions 

16 in any division of this Act, all laborers and mechanics em17 ployed by contractors and subcontractors on projects funded 

18 directly by or assisted in whole or in part by and through 

19 the Federal Government pursuant to any division of this 

20 Act shall be paid wages at rates not less than those pre21 vailing on projects of a character similar in the locality 

22 as determined by the Secretary of Labor in accordance with 

23 subchapter IV of chapter 31 of title 40, United States Code. 

24 With respect to the labor standards specified in this section, 

25 the Secretary of Labor shall have the authority and func-
254 

•HR 925 EAH 

1 tions set forth in Reorganization Plan Numbered 14 of 1950 

2 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 

3 40, United States Code. 

4 (b) The amounts provided by this section are des5 ignated by the Congress as being for an emergency require6 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

7 Budget and Emergency Deficit Control Act of 1985. 

8 This division may be cited as the ‘‘Coronavirus Recov9 ery Supplemental Appropriations Act, 2021’’. 

10 DIVISION B—PROVIDING RELIEF 

11 TO STUDENTS, INSTITUTIONS 

12 OF HIGHER EDUCATION, 

13 LOCAL EDUCATIONAL AGEN14 CIES, AND STATE VOCA15 TIONAL REHABILITATION 

16 AGENCIES 

17 SEC. 100. SHORT TITLE. 

18 This division may be cited as the ‘‘Pandemic Edu19 cation Response Act’’. 

20 TITLE I—HIGHER EDUCATION 

21 PROVISIONS 

22 SEC. 101. DEFINITIONS. 

23 In this title: 
255 

•HR 925 EAH 

1 (1) AWARD YEAR.—The term ‘‘award year’’ has 

2 the meaning given the term in section 481(a) of the 

3 Higher Education Act of 1965 (20 U.S.C. 1088(a)). 

4 (2) AUTHORIZING COMMITTEES.—The term ‘‘au5 thorizing committees’’ has the meaning given the term 

6 in section 103 of the Higher Education Act of 1965 

7 (20 U.S.C. 1003). 

8 (3) FAFSA.—The term ‘‘FAFSA’’ means an ap9 plication under section 483 of the Higher Education 

10 Act of 1965 (20 U.S.C. 1090) for Federal student fi11 nancial aid. 

12 (4) INSTITUTION OF HIGHER EDUCATION.—The 

13 term ‘‘institution of higher education’’ has the mean14 ing given the term in section 102 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1002). 

16 (5) QUALIFYING EMERGENCY.—The term ‘‘quali17 fying emergency’’ has the meaning given the term in 

18 section 3502 of the CARES Act (Public Law 116– 

19 136), as amended by this Act. 

20 (6) QUALIFYING EMERGENCY PERIOD.—The term 

21 ‘‘qualifying emergency period’’ means the period— 

22 (A) beginning on the first day of a quali23 fying emergency; and 
256 

•HR 925 EAH 

1 (B) ending on the later of the date on which 

2 the qualifying emergency expires or June 30, 

3 2021. 

4 (7) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Education. 

6 Subtitle A—Cares Act Amendments 

7 SEC. 111. APPLICATION OF CAMPUS-BASED AID WAIVERS. 

8 (a) APPLICATION.—Section 3503 of the CARES Act is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) by inserting ‘‘or for any other award 

12 year that includes any portion of a qualifying 

13 emergency period,’’ after ‘‘2020–2021,’’; and 

14 (B) by inserting ‘‘and a nonprofit organiza15 tion providing employment under section 

16 443(b)(5) of such Act’’ after ‘‘waive the require17 ment that a participating institution of higher 

18 education’’; and 

19 (2) in subsection (b), by striking ‘‘during a pe20 riod of a qualifying emergency’’ and inserting ‘‘dur21 ing any award year that includes any portion of a 

22 qualifying emergency period’’. 

23 (b) EFFECTIVE DATE.—The amendments made by sub24 section (a) shall take effect as if included in the enactment 

25 of the CARES Act (Public Law 116–136). 
257 

•HR 925 EAH 

1 SEC. 112. SUPPLEMENTAL EDUCATIONAL OPPORTUNITY 

2 GRANTS FOR EMERGENCY AID. 

3 (a) USE AND TREATMENT.—Section 3504 of the 

4 CARES Act (Public Law 116–136) is amended— 

5 (1) in subsection (a), by inserting ‘‘that includes 

6 any portion of a qualifying emergency period’’ after 

7 ‘‘for a fiscal year’’; and 

8 (2) by striking subsection (c). 

9 (b) EFFECTIVE DATE.—The amendments made by sub10 section (a) shall take effect as if included in the enactment 

11 of the CARES Act (Public Law 116–136). 

12 SEC. 113. EXTENSION OF FEDERAL WORK-STUDY DURING A 

13 QUALIFYING EMERGENCY. 

14 (a) FEDERAL WORK-STUDY DURING A QUALIFYING

15 EMERGENCY.—Section 3505 of the CARES Act (Public 

16 Law 116–136) is amended— 

17 (1) in subsection (a)— 

18 (A) in the matter preceding paragraph 

19 (1)— 

20 (i) by striking ‘‘In the event of a quali21 fying emergency’’ and inserting ‘‘During a 

22 qualifying emergency period’’; and 

23 (ii) by striking ‘‘(not to’’ and all that 

24 follows through the semicolon and inserting 

25 ‘‘in which affected students are unable to 

26 fulfill the students’ work-study obligation 
258 

•HR 925 EAH 

1 due to such qualifying emergency, as fol2 lows:’’; 

3 (B) in paragraph (1), by striking ‘‘as a one 

4 time grant’’ and inserting ‘‘as a one-time grant 

5 in each payment period the student is awarded 

6 work-study’’; and 

7 (C) in paragraph (2), by striking ‘‘or was 

8 not completing the work obligation necessary to 

9 receive work study funds under such part prior 

10 to the occurrence of the qualifying emergency’’; 

11 and 

12 (2) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘for the academic year 

15 during which a qualifying emergency oc16 curred;’’ and inserting ‘‘for an academic 

17 year that includes any portion of a quali18 fying emergency period; and’’; and 

19 (B) by striking paragraph (2) and redesig20 nating paragraph (3) as paragraph (2).’’. 

21 (b) EFFECTIVE DATE.—The amendments made by sub22 section (a) shall take effect as if included in the enactment 

23 of the CARES Act (Public Law 116–136). 
259 

•HR 925 EAH 

1 SEC. 114. SERVICE OBLIGATIONS FOR TEACHERS AND 

2 OTHER PROFESSIONALS. 

3 (a) AMENDMENT.—Section 3519 of the CARES Act 

4 (Public Law 116–136) is amended— 

5 (1) in the section heading, by inserting ‘‘AND

6 OTHER PROFESSIONALS’’ after ‘‘TEACHERS’’; and 

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

8 ‘‘(c) FEDERAL PERKINS LOANS.—Notwithstanding 

9 section 465 of the Higher Education Act of 1965 (20 U.S.C. 

10 1087ee), the Secretary shall waive the requirements of such 

11 section in regard to full-time service and shall consider an 

12 incomplete year of service of a borrower as fulfilling the 

13 requirement for a complete year of service under such sec14 tion, if the service was interrupted due to a qualifying 

15 emergency.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by sub17 section (a) shall take effect as if included in the enactment 

18 of the CARES Act (Public Law 116–136). 

19 SEC. 115. CONTINUING EDUCATION AT AFFECTED FOREIGN 

20 INSTITUTIONS. 

21 (a) IN GENERAL.—Section 3510 of the CARES Act (20 

22 U.S.C. 1001 note) is amended— 

23 (1) in subsection (a), by striking ‘‘for the dura24 tion of such emergency’’ and all that follows through 

25 the period at the end and inserting ‘‘for purposes of 

26 title IV of the Higher Education Act of 1965 (20 
260 

•HR 925 EAH 

1 U.S.C. 1070 et seq.) until the end of the covered pe2 riod applicable to the institution.’’; 

3 (2) in subsection (b), by striking ‘‘for the dura4 tion of the qualifying emergency and the following 

5 payment period for purposes of title IV of the Higher 

6 Education Act of 1965 (20 U.S.C. 1070 et seq.).’’ and 

7 inserting ‘‘until the end of the covered period applica8 ble to the institution.’’; 

9 (3) in subsection (c), by striking ‘‘for the dura10 tion of the qualifying emergency and the following 

11 payment period,’’ and inserting ‘‘until all covered pe12 riods for foreign institutions carrying out a distance 

13 education program authorized under this section have 

14 ended,’’; 

15 (4) in subsection (d)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘for the duration of a 

18 qualifying emergency and the following 

19 payment period,’’ and inserting ‘‘until the 

20 end of the covered period applicable to a 

21 foreign institution,’’; and 

22 (ii) by striking ‘‘allow a foreign insti23 tution’’ and inserting ‘‘allow the foreign in24 stitution’’; 
261 

•HR 925 EAH 

1 (B) in each of subparagraphs (A) and (B) 

2 of paragraph (2), by striking ‘‘subsection (a)’’ 

3 and inserting ‘‘paragraph (1)’’; 

4 (C) in paragraph (3)(B), by striking ‘‘30 

5 days’’ and inserting ‘‘10 days’’; and 

6 (D) in paragraph (4)— 

7 (i) by striking ‘‘for the duration of the 

8 qualifying emergency and the following 

9 payment period,’’ and inserting ‘‘until all 

10 covered periods for foreign institutions that 

11 entered into written arrangements under 

12 paragraph (1) have ended,’’; and 

13 (ii) by striking ‘‘identifies each foreign 

14 institution that entered into a written ar15 rangement under subsection (a).’’ and in16 serting the following: ‘‘identifies, for each 

17 such foreign institution— 

18 ‘‘(A) the name of the foreign institution; 

19 ‘‘(B) the name of the institution of higher 

20 education located in the United States that has 

21 entered into a written arrangement with such 

22 foreign institution; and 

23 ‘‘(C) information regarding the nature of 

24 such written arrangement, including which 
262 

•HR 925 EAH 

1 coursework or program requirements are accom2 plished at each respective institution.’’; and 

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

4 ‘‘(e) DEFINITION OF COVERED PERIOD.— 

5 ‘‘(1) IN GENERAL.—In this section, the term 

6 ‘covered period’, when used with respect to a foreign 

7 institution of higher education, means the period— 

8 ‘‘(A) beginning on the first day of— 

9 ‘‘(i) a qualifying emergency; or 

10 ‘‘(ii) a public health emergency, major 

11 disaster or emergency, or national emer12 gency declared by the applicable government 

13 authorities in the country in which the for14 eign institution is located; and 

15 ‘‘(B) ending on the later of— 

16 ‘‘(i) subject to paragraph (2), the last 

17 day of the payment period, for purposes of 

18 title IV of the Higher Education Act of 

19 1965 (20 U.S.C. 1070 et seq.), following the 

20 end of any qualifying emergency or any 

21 emergency or disaster described in subpara22 graph (A)(ii) applicable to the foreign insti23 tution; or 

24 ‘‘(ii) June 30, 2022. 
263 

•HR 925 EAH 

1 ‘‘(2) SPECIAL RULE FOR CERTAIN PAYMENT PE2 RIODS.—For purposes of subparagraph (B)(i), if the 

3 following payment period for an award year ends be4 fore June 30 of such award year, the covered period 

5 shall be extended until June 30 of such award year.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by sub7 section (a) shall take effect as if included in the enactment 

8 of the CARES Act (Public Law 116–136). 

9 SEC. 116. FUNDING FOR HBCU CAPITAL FINANCING; EN10 DOWMENT CHALLENGE GRANTS. 

11 (a) FUNDING FOR HBCU CAPITAL FINANCING.— 

12 (1) AMENDMENTS.—Section 3512 of division A 

13 of the Coronavirus Aid, Relief, and Economic Secu14 rity Act (20 U.S.C. 1001 note) is amended— 

15 (A) in subsection (a)— 

16 (i) in paragraph (1), by striking 

17 ‘‘may’’ and inserting ‘‘shall’’; and 

18 (ii) in paragraph (2)— 

19 (I) in subparagraph (A), by strik20 ing ‘‘or interest’’ and inserting ‘‘or in21 terest, or any applicable fees or re22 quired funds,’’; and 

23 (II) in subparagraph (B)— 

24 (aa) by striking ‘‘payments’’ 

25 and inserting ‘‘payments, and 
264 

•HR 925 EAH 

1 any payments of applicable fees 

2 and required funds,’’; and 

3 (bb) by striking the period 

4 and inserting ‘‘; and’’; and 

5 (III) by adding at the end the fol6 lowing: 

7 ‘‘(C) the institution may pay, without pen8 alty, any periodic installment of principal or in9 terest required under the loan agreement for such 

10 loan.’’; and 

11 (B) in subsection (d), by striking 

12 ‘‘$62,000,000’’ and inserting ‘‘such sums as may 

13 be necessary’’. 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by this subsection shall take effect as if enacted as 

16 part of the Coronavirus Aid, Relief, and Economic 

17 Security Act (Public Law 116–136). 

18 (b) ENDOWMENT CHALLENGE GRANTS.—For the dura19 tion of a qualifying emergency (as defined in section 3502 

20 of the Coronavirus Aid, Relief, and Economic Security Act 

21 (20 U.S.C. 1001 note)), notwithstanding the provisions of 

22 subsections (b)(3), (c)(3)(B), and (d) of section 331 of the 

23 Higher Education Act of 1965 (20 U.S.C. 1065) applicable 

24 during the grant period for an endowment challenge grant 

25 awarded to an institution under such section 331 (20 
265 

•HR 925 EAH 

1 U.S.C. 1065), the institution may use the endowment fund 

2 corpus plus any endowment fund income— 

3 (1) for any educational purpose; or 

4 (2) to defray any expenses necessary to the oper5 ation of the institution, including expenses of oper6 ations and maintenance, administration, academic 

7 and support personnel, construction and renovation, 

8 community and student services programs, and tech9 nical assistance. 

10 SEC. 117. WAIVER AUTHORITY FOR INSTITUTIONAL AID. 

11 (a) IN GENERAL.—Section 3517(a)(1)(D) of the 

12 CARES Act (Public Law 116–136) is amended by striking 

13 ‘‘(b), (c), and (g)’’ and inserting ‘‘(b) and (c)’’. 

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall take effect as if included in the enactment 

16 of the CARES Act (Public Law 116–136). 

17 SEC. 118. SCOPE OF MODIFICATIONS TO REQUIRED AND AL18 LOWABLE USES. 

19 (a) AMENDMENT TO INCLUDE MINORITY SCIENCE AND

20 ENGINEERING IMPROVEMENT PROGRAM.—Subsection (a) of 

21 section 3518 of the CARES Act (Public Law 116–136) is 

22 amended— 

23 (1) by striking ‘‘part A or B of title III,’’ and 

24 inserting ‘‘part A, part B, or subpart 1 of part E of 

25 title III,’’; and 
266 

•HR 925 EAH 

1 (2) by inserting ‘‘1067 et seq.;’’ after ‘‘1060 et 

2 seq.;’’. 

3 (b) AMENDMENT TO MATCHING REQUIREMENT MODI4 FICATIONS.—Subsection (b) of section 3518 of the CARES 

5 Act (Public Law 116–136) is amended— 

6 (1) by striking ‘‘Notwithstanding’’ and inserting 

7 the following: 

8 ‘‘(1) IN GENERAL.—Notwithstanding’’; 

9 (2) in paragraph (1), as so designated by this 

10 subsection— 

11 (A) by striking ‘‘is authorized to’’ and in12 serting ‘‘shall’’; and 

13 (B) by striking ‘‘share’’ and inserting 

14 ‘‘share, non-Federal share,’’; and 

15 (3) by adding at the end the following new para16 graph: 

17 ‘‘(2) WAIVER OF GEAR UP MATCHING REQUIRE18 MENT.— 

19 ‘‘(A) IN GENERAL.—Notwithstanding sec20 tion 404C(b) of the Higher Education Act of 

21 1965 (20 U.S.C. 1070a–23(b)), the Secretary 

22 shall waive, for the duration of the period de23 scribed in subparagraph (B), any requirement 

24 for an eligible entity (as defined in section 

25 404A(c) (20 U.S.C. 1070a–21(c))) to provide a 
267 

•HR 925 EAH 

1 percentage of the cost of the program authorized 

2 under chapter 2 of subpart 2 of part A of title 

3 IV of the Higher Education Act of 1965 (20 

4 U.S.C. 1070a–21 et seq.) from State, local, insti5 tutional, or private funds. 

6 ‘‘(B) DESCRIPTION OF PERIOD.—The period 

7 described in this subparagraph is the period be8 ginning on the first day of a qualifying emer9 gency and ending on September 30 of the fiscal 

10 year following the end of the qualifying emer11 gency.’’. 

12 (c) AMENDMENT TO CLARIFY SCOPE OF AUTHORITY.— 

13 Section 3518 of the CARES Act (Public Law 116–136) is 

14 further amended by adding at the end the following new 

15 subsection: 

16 ‘‘(d) SCOPE OF AUTHORITY.—Notwithstanding sub17 section (a), the Secretary may not modify the required or 

18 allowable uses of funds for grants awarded under chapter 

19 I or II of subpart 2 of part A of title IV of the Higher 

20 Education Act of 1965 (20 U.S.C. 1070a–11 et seq.; 1070a– 

21 21 et seq.), in a manner that deviates from the overall pur22 pose of the grant program, as provided in the general au23 thorization, findings, or purpose of the grant program 

24 under the applicable statutory provision cited in such chap25 ter.’’. 
268 

•HR 925 EAH 

1 (d) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect as if included in the enactment of 

3 the CARES Act (Public Law 116–136). 

4 Subtitle B—Financial Aid Access 

5 SEC. 121. EMERGENCY FINANCIAL AID GRANTS EXCLUDED 

6 FROM NEED ANALYSIS. 

7 (a) TREATMENT OF EMERGENCY FINANCIAL AID

8 GRANTS FOR NEED ANALYSIS.—Notwithstanding any pro9 vision of the Higher Education Act of 1965 (20 U.S.C. 1001 

10 et seq.), emergency financial aid grants— 

11 (1) shall not be included as income or assets (in12 cluding untaxed income and benefits under section 

13 480(b) of the Higher Education Act of 1965 (20 

14 U.S.C. 1807vv(b))) in the computation of expected 

15 family contribution for any program funded in whole 

16 or in part under the Higher Education Act of 1965 

17 (20 U.S.C. 1001 et seq.); and 

18 (2) shall not be treated as estimated financial as19 sistance for the purposes of section 471 or section 

20 480(j) of the Higher Education Act of 1965 (20 

21 U.S.C. 1087kk; 1087vv(j)). 

22 (b) DEFINITION.—In this section, the term ‘‘emergency 

23 financial aid grant’’ means— 
269 

•HR 925 EAH 

1 (1) an emergency financial aid grant awarded 

2 by an institution of higher education under section 

3 3504 of the CARES Act (Public Law 116–136); 

4 (2) an emergency financial aid grant from an 

5 institution of higher education made with funds made 

6 available under section 18004 of the CARES Act 

7 (Public Law 116–136); and 

8 (3) any other emergency financial aid grant to 

9 a student from a Federal agency, a State, an Indian 

10 tribe, an institution of higher education, or a scholar11 ship-granting organization (including a tribal orga12 nization, as defined in section 4 of the Indian Self13 Determination and Education Assistance Act (25 

14 U.S.C. 5304)) for the purpose of providing financial 

15 relief to students enrolled at institutions of higher 

16 education in response to a qualifying emergency. 

17 SEC. 122. FACILITATING ACCESS TO FINANCIAL AID FOR RE18 CENTLY UNEMPLOYED STUDENTS. 

19 (a) TREATMENT AS DISLOCATED WORKER.— 

20 (1) IN GENERAL.—Notwithstanding section 

21 479(d)(1) of the Higher Education Act of 1965 (20 

22 U.S.C. 1087ss(d)(1)), any individual who has applied 

23 for, or who is receiving, unemployment benefits at the 

24 time of the submission of a FAFSA for a covered 

25 award year shall be treated as a dislocated worker for 
270 

•HR 925 EAH 

1 purposes of the need analysis under part F of title IV 

2 such Act (20 U.S.C. 1087kk et seq.) applicable to such 

3 award year. 

4 (2) INFORMATION TO APPLICANTS AND INSTITU5 TIONS.—The Secretary— 

6 (A) for each covered award year, shall en7 sure that— 

8 (i) any question on the FAFSA used to 

9 determine whether an applicant (or, as ap10 plicable, a spouse or parent of an appli11 cant) is a dislocated worker includes an ex12 press reference to individuals who have been 

13 laid off; 

14 (ii) any help text associated with a 

15 question described in clause (i) includes a 

16 description of an applicant’s treatment as a 

17 dislocated worker under paragraph (1); and 

18 (iii) the FAFSA includes a prominent 

19 notification, appearing immediately before 

20 questions related to tax returns or income 

21 that, if the applicant (or, as applicable, a 

22 spouse or parent of an applicant) has lost 

23 significant income earned from work due to 

24 a qualifying emergency, the applicant 

25 should contact the financial aid adminis-
271 

•HR 925 EAH 

1 trator at the institution where the applicant 

2 plans to enroll to provide current income 

3 information; 

4 (B) in consultation with institutions of 

5 higher education, shall carry out activities to in6 form applicants for Federal student financial 

7 aid under the Higher Education Act of 1965 (20 

8 U.S.C. 1001 et seq.)— 

9 (i) of the treatment of individuals who 

10 have applied for, or who are receiving, un11 employment benefits as dislocated workers 

12 under paragraph (1); 

13 (ii) of the availability of means-tested 

14 Federal benefits for which such applicants 

15 may be eligible; and 

16 (iii) of the ability of a financial aid 

17 administrator of an institution of higher 

18 education to use professional judgment as 

19 authorized under section 479A of the Higher 

20 Education Act of 1965 (20 U.S.C. 1087tt) 

21 and in accordance with subsection (b), to 

22 determine, where appropriate, that income 

23 earned from work is zero and consider un24 employment benefits to be zero, if the appli25 cant (or, as applicable, a spouse or parent 
272 

•HR 925 EAH 

1 of an applicant) has applied for or is re2 ceiving unemployment benefits; 

3 (C) shall carry out activities to inform in4 stitutions of higher education of the authority of 

5 such institutions, with explicit written consent of 

6 an applicant for Federal student financial aid 

7 under the Higher Education Act of 1965 (20 

8 U.S.C. 1001 et seq.), to provide information col9 lected from such applicant’s FAFSA to an orga10 nization assisting the applicant in applying for 

11 and receiving Federal, State, local, or tribal as12 sistance in accordance with section 312 of the 

13 Department of Defense and Labor, Health and 

14 Human Services, and Education Appropriations 

15 Act, 2019 and Continuing Appropriations Act, 

16 2019 (Public Law 115– 245); and 

17 (D) in consultation with the Secretary of 

18 Labor, shall carry out activities to inform appli19 cants for, and recipients of, unemployment bene20 fits of the availability of Federal student finan21 cial aid under the Higher Education Act of 1965 

22 (20 U.S.C. 1001 et seq.) and the treatment of 

23 such applicants and recipients as dislocated 

24 workers under paragraph (1). 
273 

•HR 925 EAH 

1 (3) IMPLEMENTATION.—The Secretary shall im2 plement this subsection not later than 30 days after 

3 the date of enactment of this Act. 

4 (4) APPLICABILITY.—Paragraph (1) shall apply 

5 with respect to a FAFSA submitted on or after the 

6 earlier of— 

7 (A) the date on which the Secretary imple8 ments this subsection under paragraph (3); or 

9 (B) the date that is 30 days after the date 

10 of enactment of this Act. 

11 (b) PROFESSIONAL JUDGMENT OF FINANCIAL AID AD12 MINISTRATORS.—For the purposes of making a professional 

13 judgment as authorized under section 479A of the Higher 

14 Education Act of 1965 (20 U.S.C. 1087tt), a financial aid 

15 administrator may, during a covered award year— 

16 (1) determine that the income earned from work 

17 for a student, or a parent or spouse of a student, as 

18 applicable, is zero, if the student, parent, or spouse 

19 provides paper or electronic documentation of receipt 

20 of unemployment benefits or confirmation that an ap21 plication for unemployment benefits was submitted; 

22 (2) consider the value of unemployment benefits 

23 for such student, parent, or spouse to be zero; and 

24 (3) make appropriate adjustments to the data 

25 items on the FAFSA for a student, parent, or spouse, 
274 

•HR 925 EAH 

1 as applicable, based on the totality of the family’s sit2 uation. 

3 (c) UNEMPLOYMENT DOCUMENTATION.—For the pur4 poses of documenting unemployment benefits or application 

5 for such benefits under subsection (b), such documentation 

6 shall be accepted if such documentation is submitted not 

7 more than 90 days from the date on which such documenta8 tion was issued, unless a financial aid administrator knows 

9 that the student, parent, or spouse, as applicable, has al10 ready obtained other employment. 

11 (d) ADJUSTMENTS TO PROGRAM REVIEW MODEL.— 

12 The Secretary shall make adjustments to the model used to 

13 select institutions of higher education participating in title 

14 IV of the Higher Education Act of 1965 (20 U.S.C. 1070 

15 et seq.) for program reviews, in order to— 

16 (1) account for any rise in the use of professional 

17 judgment as authorized under section 479A of such 

18 Act (20 U.S.C. 1087tt) during the 2020–2021 and 

19 2021–2022 award years; and 

20 (2) ensure that institutions are not penalized for 

21 an increase in the use of professional judgment dur22 ing such award years. 

23 (e) DEFINITIONS.—In this section: 

24 (1) COVERED AWARD YEAR.—The term ‘‘covered 

25 award year’’ means— 
275 

•HR 925 EAH 

1 (A) an award year during which there is a 

2 qualifying emergency; and 

3 (B) the first award year beginning after the 

4 end of such qualifying emergency. 

5 (2) MEANS-TESTED FEDERAL BENEFIT.—The 

6 term ‘‘means-tested Federal benefit’’ includes the fol7 lowing: 

8 (A) The supplemental security income pro9 gram under title XVI of the Social Security Act 

10 (42 U.S.C. 1381 et seq.). 

11 (B) The supplemental nutrition assistance 

12 program under the Food and Nutrition Act of 

13 2008 (7 U.S.C. 2011 et seq.). 

14 (C) The free and reduced price school lunch 

15 program established under the Richard B. Rus16 sell National School Lunch Act (42 U.S.C. 1751 

17 et seq.). 

18 (D) The program of block grants for States 

19 for temporary assistance for needy families es20 tablished under part A of title IV of the Social 

21 Security Act (42 U.S.C. 601 et seq.). 

22 (E) The special supplemental nutrition pro23 gram for women, infants, and children estab24 lished by section 17 of the Child Nutrition Act 

25 of 1966 (42 U.S.C. 1786). 
276 

•HR 925 EAH 

1 (F) The Medicaid program under title XIX 

2 of the Social Security Act (42 U.S.C. 1396 et 

3 seq.). 

4 (G) The tax credits provided under the fol5 lowing sections of the Internal Revenue Code of 

6 1986 (title 26, United States Code): 

7 (i) Section 25A (relating to American 

8 Opportunity and Lifetime Learning cred9 its). 

10 (ii) Section 32 (relating to earned in11 come). 

12 (iii) Section 36B (relating to refund13 able credit for coverage under a qualified 

14 health plan). 

15 (iv) Section 6428 (relating to 2020 re16 covery rebates for individuals). 

17 (H) Federal housing assistance programs, 

18 including tenant-based assistance under section 

19 8(o) of the United States Housing Act of 1937 

20 (42 U.S.C. 1437f(o)), and public housing, as de21 fined in section 3(b)(1) of such Act (42 U.S.C. 

22 1437a(b)(1)). 

23 (I) Such other Federal means-tested benefits 

24 as may be identified by the Secretary. 
277 

•HR 925 EAH 

1 SEC. 123. STUDENT ELIGIBILITY FOR HIGHER EDUCATION 

2 EMERGENCY RELIEF FUND AND OTHER HIGH3 ER EDUCATION FUNDS. 

4 (a) IN GENERAL.—With respect to student eligibility 

5 for receipt of funds provided under section 18004 of the 

6 CARES Act (Public Law 116–136) and under title VIII 

7 of division A of this Act— 

8 (1) the Secretary is prohibited from imposing 

9 any restriction on, or defining, the populations of stu10 dents who may receive such funds other than a re11 striction based solely on the student’s enrollment at 

12 the institution of higher education; and 

13 (2) section 401(a) the Personal Responsibility 

14 and Work Opportunity Reconciliation Act of 1996 (8 

15 U.S.C. 1611(a)) shall not apply. 

16 (b) EFFECTIVE DATE.—Subsection (a) shall take effect 

17 as if included in the enactment of the CARES Act (Public 

18 Law 116–136), and an institution of higher education that 

19 provided funds to a student before the date of enactment 

20 of this Act shall not be penalized if such provision is con21 sistent with such subsection and section 18004 of the 

22 CARES Act (Public Law 116–136). 

23 SEC. 124. DISTANCE EDUCATION. 

24 (a) DEFINITION OF DISTANCE EDUCATION.— 

25 (1) IN GENERAL.—Notwithstanding section 

26 103(7) of the Higher Education Act of 1965 (20 
278 

•HR 925 EAH 

1 U.S.C. 1003(7)) and except as otherwise specified in 

2 section 486 of the Higher Education Act of 1965 (20 

3 U.S.C. 1093), the term ‘‘distance education’’ as used 

4 in title IV of the Higher Education Act of 1965 (20 

5 U.S.C. 1070 et seq.) shall have the meaning given that 

6 term in section 600.2 of title 34, Code of Federal Reg7 ulations, as amended by the final regulations entitled 

8 ‘‘Distance Education and Innovation’’ published by 

9 the Department of Education in the Federal Register 

10 on September 2, 2020 (85 Fed. Reg. 54809), or any 

11 succeeding regulations. 

12 (2) INFORMATION TO ACCREDITING AGENCY.— 

13 Not later than 90 days after the date of enactment of 

14 this Act, each institution of higher education that 

15 participates in a program under title IV of the High16 er Education Act of 1965 (20 U.S.C. 1070 et seq.) 

17 and that provides one or more educational programs 

18 through distance education shall submit to the insti19 tution’s accrediting agency or association, a descrip20 tion of how the institution plans to meet the require21 ments of this subsection. 

22 (3) EFFECTIVE DATE.—This subsection shall take 

23 effect with respect to any semester (or the equivalent) 

24 that begins on or after December 1, 2020. 
279 

•HR 925 EAH 

1 (b) APPROVAL FOR EXPANDED DISTANCE EDU2 CATION.— 

3 (1) IN GENERAL.— 

4 (A) IN GENERAL.—Notwithstanding section 

5 481(b)(3) of the Higher Education Act of 1965 

6 (20 U.S.C. 1088(b)(3)), an institution of higher 

7 education described in subparagraph (B) may 

8 deliver distance education by offering programs 

9 in whole or in part through telecommunications 

10 and be eligible to participate in a program 

11 under title IV if such institution meets the re12 quirements of paragraphs (2) through (4). 

13 (B) INSTITUTION OF HIGHER EDUCATION.— 

14 An institution of higher education described in 

15 this subparagraph is an institution of higher 

16 education that uses or expands distance edu17 cation— 

18 (i) in accordance with the flexibilities 

19 and waivers provided under the guidance of 

20 the Secretary on distance education; and 

21 (ii) without following— 

22 (I) the standard approval process 

23 for distance education (as in effect be24 fore March 5, 2020) of the Secretary; 

25 or 
280 

•HR 925 EAH 

1 (II) the evaluation process of in2 stitution’s accrediting agency or asso3 ciation described in paragraph (2)(A). 

4 (2) COMMENCEMENT OF EVALUATION PROCESS

5 WITH THE INSTITUTION’S ACCREDITING AGENCY.— 

6 (A) IN GENERAL.—Not later than December 

7 31, 2020, each institution described in para8 graph (1)(B) shall demonstrate to the Secretary 

9 that such institution has commenced the evalua10 tion process with its accrediting agency or asso11 ciation for the purpose of evaluating distance 

12 education to determine whether such institution 

13 has the capability to— 

14 (i) effectively deliver distance edu15 cation programs; and 

16 (ii) meet the applicable policies and 

17 procedures of the accrediting agency or as18 sociation (as such policies and procedures 

19 were in effect before March 5, 2020). 

20 (B) ACCREDITING AGENCY OR ASSOCIA21 TION.—In a case in which an accrediting agency 

22 or association does not have distance education 

23 in the scope of its recognition at the time an in24 stitution commences the evaluation process de25 scribed in this paragraph, and such agency ex-
281 

•HR 925 EAH 

1 pands its scope of accreditation to include dis2 tance education, not later than 30 days after 

3 such change in scope, such agency shall notify 

4 the Secretary, in writing, of the change in scope 

5 to include distance education, in accordance 

6 with section 496(a)(4)(B)(i)(II) of the Higher 

7 Education Act of 1965 (20 U.S.C. 

8 1099b(a)(4)(B)(i)(II)). 

9 (3) COMMENCEMENT OF APPROVAL PROCESS

10 WITH THE SECRETARY.—Not later than December 31, 

11 2020, each institution described in paragraph (1)(B) 

12 shall commence, with the Secretary, the standard ap13 proval process for distance education of the Secretary 

14 referred to in paragraph (1)(B)(ii)(I). 

15 (4) COMPLETION OF EVALUATION AND APPROVAL

16 PROCESS.— 

17 (A) IN GENERAL.—Not later than July 1, 

18 2021, an institution of higher education de19 scribed in paragraph (1)(B) shall demonstrate to 

20 the Secretary that— 

21 (i) the institution has completed the 

22 evaluation process and standard approval 

23 process for distance education under para24 graphs (2) and (3), respectively, for each of 

25 its applicable programs; and 
282 

•HR 925 EAH 

1 (ii) each such program meets the ap2 plicable policies and procedures to offer dis3 tance education that are required by the 

4 Secretary and the institution’s accrediting 

5 agency or association under such para6 graphs. 

7 (B) LOSS OF ELIGIBILITY.—An institution 

8 of higher education that does not meet the re9 quirements of subparagraph (A) shall cease offer10 ing distance education programs until such time 

11 that such institution demonstrates to the Sec12 retary that the institution and each of its appli13 cable programs meet the requirements of sub14 paragraph (A). 

15 (c) REQUIREMENTS FOR CERTAIN COVERED ARRANGE16 MENTS.— 

17 (1) ACCREDITOR REVIEW FOR COVERED AR18 RANGEMENTS WITH FOREIGN INSTITUTIONS.—An in19 stitution of higher education with a covered arrange20 ment with a foreign institution shall demonstrate to 

21 the Secretary that the institution has commenced the 

22 evaluation process with the institution’s accrediting 

23 agency or association to determine, in a case in 

24 which the accrediting agency or association has 

25 standards for the provision of educational services to 
283 

•HR 925 EAH 

1 another institution, whether such covered arrange2 ment meets the standards. 

3 (2) REPORTING TO THE SECRETARY.—Beginning 

4 not later than 30 days after the date of enactment of 

5 this Act, the Secretary shall require the following: 

6 (A) INSTITUTIONS WITH COVERED AR7 RANGEMENTS WITH NON-TITLE-IV INSTITUTIONS

8 OR ORGANIZATIONS.—An institution of higher 

9 education with a covered arrangement with a 

10 non-title-IV institution or organization shall re11 port to the Secretary not later than 10 days after 

12 the institution of higher education establishes or 

13 modifies such covered arrangement— 

14 (i) the name of the institution or orga15 nization that is not eligible to participate 

16 in a program under title IV; 

17 (ii) a summary of such arrangement, 

18 including the percentages and components 

19 of the educational program to be offered by 

20 the institution of higher education and such 

21 institution or organization; and 

22 (iii) an attestation that the institution 

23 of higher education and such institution or 

24 organization meet the requirements of sec25 tion 668.5(c) of title 34, Code of Federal 
284 

•HR 925 EAH 

1 Regulations (as such section is in effect on 

2 the date of enactment of this Act), including 

3 the specific determination from the institu4 tion of higher education’s accrediting agen5 cy or association that the institution’s ar6 rangement meets the agency or association’s 

7 standards for the contracting out of edu8 cational services. 

9 (B) INSTITUTIONS WITH COVERED AR10 RANGEMENTS WITH FOREIGN INSTITUTIONS.—An 

11 institution of higher education with a covered 

12 arrangement with a foreign institution shall re13 port to the Secretary— 

14 (i) not later than 10 days after such 

15 institution establishes such covered arrange16 ment— 

17 (I) the name of the foreign insti18 tution; and 

19 (II) a summary of such arrange20 ment, including the percentages and 

21 components of the educational program 

22 to be offered by the institution of high23 er education and the foreign institu24 tion; and 
285 

•HR 925 EAH 

1 (ii) if applicable, not later than 10 

2 days after the date on which the institu3 tion’s accrediting agency or association pro4 vides its determination to the institution in 

5 accordance with paragraph (1), the deter6 mination made by the institution’s accred7 iting agency or association. 

8 (3) INFORMATION MADE AVAILABLE TO STU9 DENTS.— 

10 (A) INSTITUTIONS WITH COVERED AR11 RANGEMENTS WITH NON-TITLE-IV INSTITUTIONS

12 OR ORGANIZATIONS.—An institution of higher 

13 education with a covered arrangement with a 

14 non-title-IV institution or organization shall 

15 provide directly to enrolled and prospective stu16 dents, and make available on a publicly acces17 sible website of the institution, a description of 

18 each covered arrangement with a non-title-IV in19 stitution or organization, including information 

20 on— 

21 (i) the portion of the educational pro22 gram that the institution of higher edu23 cation is not providing; 

24 (ii) the name and location of the non25 title-IV institution or organization that is 
286 

•HR 925 EAH 

1 providing such portion of the educational 

2 program; 

3 (iii) the method of delivery of such por4 tion of the educational program; and 

5 (iv) the estimated additional costs stu6 dents may incur as the result of enrolling 

7 in an educational program that is provided 

8 under the covered arrangement. 

9 (B) INSTITUTIONS WITH COVERED AR10 RANGEMENTS WITH FOREIGN INSTITUTIONS.—In 

11 the case of an institution of higher education 

12 with a covered arrangement with a foreign insti13 tution, the foreign institution in such arrange14 ment shall provide the information described in 

15 subparagraph (A) regarding the covered arrange16 ment in the same manner as applies to an insti17 tution of higher education with a covered ar18 rangement with a non-title-IV institution or or19 ganization subject to such subparagraph. 

20 (4) ENFORCEMENT.—The Secretary shall take 

21 such enforcement actions under section 487(c) of the 

22 Higher Education Act of 1965 (20 U.S.C. 1094(c)) as 

23 necessary until such time as an institution of higher 

24 education with a covered arrangement subject to this 
287 

•HR 925 EAH 

1 subsection can demonstrate that the institution 

2 meets— 

3 (A) the standards of the institution’s accred4 iting agency or association for the contracting 

5 out of educational services; and 

6 (B) in the case of an institution with a cov7 ered arrangement with a foreign institution, the 

8 standards, if applicable, of the accrediting agen9 cy or association for the provision of educational 

10 services to another institution. 

11 (d) REQUIRED REPORTS.— 

12 (1) REPORTS BY ACCREDITING AGENCY OR ASSO13 CIATION.— 

14 (A) IN GENERAL.—Not later than 15 busi15 ness days after an accrediting agency or associa16 tion completes the review of an institution of 

17 higher education subject to the requirements of 

18 subsection (b) or (c), the accrediting agency or 

19 association shall publish a report regarding the 

20 review. 

21 (B) REQUIREMENTS.—The report under 

22 subparagraph (A) shall— 

23 (i) be published on the website of the 

24 accrediting agency or association; and 
288 

•HR 925 EAH 

1 (ii) include a summary of the conclu2 sion and the relevant findings that such 

3 agency or association provided such institu4 tion of higher education in granting, as ap5 plicable— 

6 (I) the approval or denial for an 

7 institution of higher education to de8 liver distance education under sub9 section (b); or 

10 (II) the approval or denial of an 

11 institution of higher education to enter 

12 into or modify a written arrangement 

13 in accordance with subsection (c). 

14 (2) REPORTS BY SECRETARY.—By March 31, 

15 2021, and quarterly thereafter, the Secretary shall 

16 provide the Committee on Health, Education, Labor, 

17 and Pensions of the Senate and the Committee on 

18 Education and Labor of the House of Representatives, 

19 and publish on a publicly available website, a report 

20 of the information collected under paragraph (1) and 

21 subsection (c)(2). 

22 (e) OTHER DEFINITIONS.—In this section: 

23 (1) ACCREDITING AGENCY OR ASSOCIATION.—The 

24 term ‘‘accrediting agency or association’’ means— 
289 

•HR 925 EAH 

1 (A) an accrediting agency or association 

2 that is recognized by the Secretary under subpart 

3 2 of part H of title IV of the Higher Education 

4 Act of 1965 (20 U.S.C. 1099b); or 

5 (B) in the case of a public postsecondary 

6 vocational institution whose eligibility for Fed7 eral student assistance programs is being deter8 mined by a State agency listed under section 

9 487(c)(4) of the Higher Education Act of 1965 

10 (20 U.S.C. 1094(c)(4)), such a State agency. 

11 (2) COVERED ARRANGEMENT WITH A FOREIGN

12 INSTITUTION.—The term ‘‘covered arrangement with 

13 a foreign institution’’ means a written arrangement 

14 entered into between an institution of higher edu15 cation and a foreign institution, on or after March 

16 13, 2020, to provide an educational program. 

17 (3) COVERED ARRANGEMENT WITH A NON-TITLE18 IV INSTITUTION OR ORGANIZATION.—The term ‘‘cov19 ered arrangement with a non-title-IV institution or 

20 organization’’ means a written arrangement— 

21 (A) to provide an educational program that 

22 satisfies the requirements of section 668.8 of title 

23 34, Code of Federal Regulations (as such section 

24 is in effect on the date of enactment of this Act) 

25 between an institution of higher education and 
290 

•HR 925 EAH 

1 an institution or organization that is not eligible 

2 to participate in a program under title IV; 

3 (B) entered into, or modified, on or after 

4 March 13, 2020; and 

5 (C) through which the institution or organi6 zation that is not eligible to participate in a 

7 program under title IV will provide more than 

8 25 percent, but less than 50 percent of the edu9 cational program subject to the arrangement. 

10 (4) FOREIGN INSTITUTION.—The term ‘‘foreign 

11 institution’’ means an institution located outside the 

12 United States that is described in paragraphs (1)(C) 

13 and (2) of section 102(a) of the Higher Education Act 

14 of 1965 (20 U.S.C. 1002(a)). 

15 (5) GUIDANCE OF THE SECRETARY ON DISTANCE

16 EDUCATION.—The term ‘‘guidance of the Secretary on 

17 distance education’’ means the guidance of the Sec18 retary entitled ‘‘UPDATED Guidance for interrup19 tions of study related to Coronavirus (COVID–19)’’ 

20 dated June 16, 2020 (or prior or succeeding guid21 ance). 

22 (6) INSTITUTION OF HIGHER EDUCATION.—The 

23 term ‘‘institution of higher education’’ has the mean24 ing given that term in section 102 of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1002). 
291 

•HR 925 EAH 

1 (7) PROGRAM UNDER TITLE IV.—The term ‘‘pro2 gram under title IV’’ means the following programs 

3 under title IV of the Higher Education Act of 1965 

4 (20 U.S.C. 1070 et seq.): 

5 (A) The Federal Pell Grant program under 

6 section 401 of such Act (20 U.S.C. 1070a). 

7 (B) The Federal Supplemental Educational 

8 Opportunity Grant program under subpart 3 of 

9 part A of such title IV (20 U.S.C. 1070b). 

10 (C) The Federal work-study program under 

11 part C of such title IV (20 U.S.C. 1087–51 et 

12 seq.). 

13 (D) The Federal Direct Loan program 

14 under part D of such title IV (20 U.S.C. 1087a 

15 et seq.). 

16 SEC. 125. REQUIREMENTS FOR TEACH-OUT PLANS AND 

17 TEACH-OUT AGREEMENTS. 

18 (a) REQUIREMENTS.— 

19 (1) IN GENERAL.—Notwithstanding section 

20 487(f)(2) of the Higher Education Act of 1965 (20 

21 U.S.C. 1094(f)(2)), in the event an institution of 

22 higher education, during the period described in sub23 section (d), is required to submit to its accrediting 

24 agency or association a teach-out plan (in accordance 

25 with section 487(f) and section 496(c)(3) of such Act 
292 

•HR 925 EAH 

1 (20 U.S.C. 1094(f); 1099b(c)(3))), or to submit a 

2 teach-out agreement among institutions (in accord3 ance with section 496(c)(6) of such Act (20 U.S.C. 

4 1099b(c)(6))), the following shall apply to such plans 

5 and agreements: 

6 (A) The definitions and requirements de7 scribed in this subsection. 

8 (B) Any other applicable standards of the 

9 institution’s accrediting agency or association. 

10 (C) Any other provisions the Secretary of 

11 Education determines are necessary to protect 

12 the interests of the United States and to promote 

13 the purposes of this section. 

14 (2) CLOSING INSTITUTION DEFINED.—The term 

15 ‘‘closing institution’’ means an institution of higher 

16 education— 

17 (A) that ceases to operate or plans to cease 

18 operations before all enrolled students have com19 pleted their program of study; or 

20 (B) that has an institutional location 

21 that— 

22 (i) provides 100 percent of at least 1 

23 program offered by the institution of higher 

24 education; and 
293 

•HR 925 EAH 

1 (ii) ceases to operate or plans to cease 

2 operations before all enrolled students have 

3 completed their program of study. 

4 (3) TEACH-OUT PLANS.— 

5 (A) TEACH-OUT PLAN DEFINED.—The term 

6 ‘‘teach-out plan’’ means a written plan developed 

7 by a closing institution that provides for the eq8 uitable treatment of students. 

9 (B) CONTENTS OF TEACH-OUT PLANS.—A 

10 teach-out plan shall include a record-retention 

11 plan that includes— 

12 (i) a plan for the custody (including 

13 by any applicable State authorizing agen14 cies), and the disposition, of teach-out 

15 records that meets the requirements of para16 graph (5)(B)(iii); 

17 (ii) an assurance that in the event of 

18 the closure of the institution or an institu19 tional location of the institution, such insti20 tution— 

21 (I) will meet the requirements of 

22 paragraph (5)(B)(iv); and 

23 (II) will refund students the 

24 amount of any unearned tuition, ac-
294 

•HR 925 EAH 

1 count balances, and student fees, and 

2 refunds due; and 

3 (iii) an estimate of the costs necessary 

4 to carry out such record-retention plan. 

5 (4) TEACH-OUT AGREEMENT DEFINED.—The 

6 term ‘‘teach-out agreement’’ means a written agree7 ment between a closing institution and one or more 

8 other institutions of higher education (in this section 

9 referred to as a ‘‘teach-out institution)’’ that— 

10 (A) provides for the equitable treatment of 

11 students and a reasonable opportunity for stu12 dents to complete their program of study; and 

13 (B) meets the requirements in section 

14 496(c)(6) of the Higher Education Act of 1965 

15 (20 U.S.C. 1099b(c)(6)). 

16 (5) APPROVAL OF TEACH-OUT AGREEMENTS.—In 

17 approving a teach-out agreement, the accrediting 

18 agency or association shall determine a timeline for 

19 an interim teach-out agreement and a final teach-out 

20 agreement that provides for the equitable treatment of 

21 students and ensures— 

22 (A) that the teach-out institution— 

23 (i) to the extent practicable, is an in24 stitution of higher education that meets the 

25 requirements of section 101 or section 
295 

•HR 925 EAH 

1 102(c) of the Higher Education Act of 1965 

2 (20 U.S.C. 1001; 1002(c)); 

3 (ii) has the necessary experience, re4 sources, and support services to provide an 

5 educational program that is of acceptable 

6 quality and reasonably similar in content, 

7 delivery modality, and scheduling to that 

8 provided by the closing institution with 

9 which the teach-out institution has entered 

10 into the teach-out agreement; 

11 (iii) has not been subject to a sanction 

12 of probation or equivalent or show cause by 

13 its accrediting agency or association or any 

14 applicable State authorizing or licensing 

15 agency in the past 5 years; and 

16 (iv) shows no evidence of significant 

17 problems (including financial stability or 

18 administrative capability) that affect the 

19 institution’s capacity to carry out its mis20 sion and meet all obligations to enrolled 

21 students, which shall include a showing that 

22 there is no evidence of the conditions de23 scribed in section 602.24(c)(8) of title 34, 

24 Code of Federal Regulations, as in effect on 

25 the date of enactment of this Act; and 
296 

•HR 925 EAH 

1 (B) that the closing institution— 

2 (i) provides the accrediting agency or 

3 association and the Secretary a complete 

4 list of all students who are enrolled in each 

5 program at the institution or who have 

6 withdrawn from the institution within the 

7 last 180 days, including each student’s 

8 name, contact information, program of 

9 study, the program requirements each stu10 dent has completed, and the estimated date 

11 of completion in the absence of the closure 

12 of such institution or institutional location; 

13 (ii) provides to the accrediting agency 

14 or association and the Secretary, for each 

15 program of study at the closing institution, 

16 records of any agreements pertaining to the 

17 acceptance of students, transfer of credits, 

18 articulation agreements, or waiver of pro19 gram requirements between the closing in20 stitution and any other institutions of high21 er education; 

22 (iii) provides a record-retention plan 

23 to all enrolled students that delineates the 

24 final disposition of teach-out records, 

25 digitally where practicable, including stu-
297 

•HR 925 EAH 

1 dent transcripts, billing, financial aid 

2 records, and the amount of any unearned 

3 tuition, account balances, student fees, and 

4 refunds due to each such student; 

5 (iv) releases all financial holds placed 

6 on student records and, for the 3-year pe7 riod beginning on the date of the closure of 

8 such institution or institutional location, 

9 provides each student (including each stu10 dent who withdrew from such institution 

11 during the 180-day period prior to the date 

12 of such closure) with the student’s official 

13 transcripts and complete academic records 

14 at no cost to the student; 

15 (v) provides students with information, 

16 using standard language developed by the 

17 Secretary under subsection (b), regarding— 

18 (I) the benefits and consequences 

19 of choosing to— 

20 (aa) continue the student’s 

21 studies by transferring to a teach22 out institution; and 

23 (bb) receive a closed school 

24 discharge under section 437(c)(1) 

25 and section 464(g)(1) of the High-
298 

•HR 925 EAH 

1 er Education Act of 1965 (20 

2 U.S.C. 1087(c)(1); 1087dd(g)(1)); 

3 and 

4 (II) if applicable, information on 

5 institutional and State refund policies; 

6 (vi) provides students with information 

7 about additional tuition and fee charges, if 

8 any, at the teach-out institution; and 

9 (vii) provides students with accurate 

10 information on the number and types of 

11 credits the teach-out institution is willing to 

12 accept prior to the student’s enrollment in 

13 that institution or any other institution of 

14 higher education with which the closing in15 stitution has an articulation agreement. 

16 (6) SUBMISSION OF TEACH-OUT PLANS AND

17 TEACH-OUT AGREEMENTS.— 

18 (A) SUBMISSION OF NOTICE.—Not later 

19 than 10 days after being required to submit a 

20 teach-out plan or teach-out agreement to its ac21 crediting agency or association, the institution of 

22 higher education shall submit a notice of such 

23 plan or agreement to the Secretary of Education 

24 and to any applicable State authorizing agencies 

25 of such institution. 
299 

•HR 925 EAH 

1 (B) SUBMISSION OF PLAN OR AGREE2 MENT.—Not later than 5 days after receiving ap3 proval from its accrediting agency or association 

4 of a teach-out plan or teach-out agreement, as 

5 applicable, the institution of higher education 

6 shall submit the approved plan or agreement to 

7 the Secretary of Education and to any applica8 ble State authorizing agencies of such institu9 tion. 

10 (b) STANDARD LANGUAGE.—Not later than 60 days 

11 after the date of the enactment of this section, the Secretary 

12 of Education shall publish standard language relating to 

13 closed school discharges for purposes of subsection 

14 (a)(5)(B)(v). 

15 (c) PROHIBITION ON MISREPRESENTATIONS.— 

16 (1) IN GENERAL.—An institution of higher edu17 cation is prohibited from engaging in misrepresenta18 tion about the nature of teach-out plans, teach-out 

19 agreements, and transfer of credit. 

20 (2) SANCTIONS.— Upon determination, after 

21 reasonable notice and opportunity for a hearing, that 

22 an institution of higher education is in violation of 

23 this subsection, the Secretary of Education— 

24 (A) shall impose a civil penalty not to ex25 ceed $25,000 for each misrepresentation; and 
300 

•HR 925 EAH 

1 (B) may impose an additional sanction de2 scribed in section 497(c)(3) of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1094(c)(3)). 

4 (d) COVERED PERIOD.—The provisions of this section 

5 shall be in effect during the period beginning on the date 

6 of enactment of this Act and ending on the date on which 

7 on which sections 487(f) of the Higher Education Act of 

8 1965 (20 U.S.C. 1094(f)) or paragraphs (3) and (6) of sec9 tion 493(c) of such Act (20 U.S.C. 1098b(c)) are amended 

10 or repealed. 

11 Subtitle C—Federal Student Loan 

12 Relief 

13 PART 1—TEMPORARY RELIEF FOR FEDERAL 

14 STUDENT BORROWERS 

15 SEC. 131. EXPANDING LOAN RELIEF TO ALL FEDERAL STU16 DENT LOAN BORROWERS. 

17 Section 3502(a) of division A of the Coronavirus Aid, 

18 Relief, and Economic Security Act (Public Law 116–136) 

19 is amended— 

20 (1) by redesignating paragraphs (2) through (5) 

21 as paragraphs (3) through (6), respectively; and 

22 (2) by inserting after paragraph (1) the fol23 lowing: 

24 ‘‘(2) FEDERAL STUDENT LOAN.—The term ‘Fed25 eral student loan’ means a loan— 
301 

•HR 925 EAH 

1 ‘‘(A) made under part B, part D, or part 

2 E of title IV of the Higher Education Act of 

3 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 

4 1087aa et seq.), and held by the Department of 

5 Education; 

6 ‘‘(B) made, insured, or guaranteed under 

7 part B of such title, or made under part E of 

8 such title, and not held by the Department of 

9 Education; or 

10 ‘‘(C) made under— 

11 ‘‘(i) subpart II of part A of title VII 

12 of the Public Health Service Act (42 U.S.C. 

13 292q et seq.); or 

14 ‘‘(ii) part E of title VIII of the Public 

15 Health Service Act (42 U.S.C. 297a et 

16 seq.).’’. 

17 SEC. 132. EXTENDING THE LENGTH OF BORROWER RELIEF 

18 DUE TO THE CORONAVIRUS EMERGENCY. 

19 Section 3513 of division A of the Coronavirus Aid, Re20 lief, and Economic Security Act (Public Law 116–136) is 

21 amended— 

22 (1) by amending subsection (a) to read as fol23 lows: 

24 ‘‘(a) SUSPENSION OF PAYMENTS.— 
302 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—During the period beginning 

2 on March 13, 2020, and ending on September 30, 

3 2021, the Secretary or, as applicable, the Secretary of 

4 Health and Human Services, shall suspend all pay5 ments due on Federal student loans. 

6 ‘‘(2) TRANSITION PERIOD.—For one additional 

7 30-day period beginning on the day after the last day 

8 of the suspension period described in subsection (a), 

9 the Secretary or, as applicable, the Secretary of 

10 Health and Human Services, shall ensure that any 

11 missed payments on a Federal student loan by a bor12 rower during such additional 30-day period— 

13 ‘‘(A) do not result in collection fees or pen14 alties associated with late payments; and 

15 ‘‘(B) are not reported to any consumer re16 porting agency or otherwise impact the bor17 rower’s credit history. 

18 ‘‘(3) DETERMINATION OF COMPENSATION.—The 

19 Secretary or, as applicable, the Secretary of Health 

20 and Human Services shall— 

21 ‘‘(A) with respect to a holder of a Federal 

22 student loan defined in subparagraph (B) or (C) 

23 of section 3502(a)(2)— 
303 

•HR 925 EAH 

1 ‘‘(i) determine any losses for such hold2 er due to the suspension of payments on 

3 such loan under paragraph (1); and 

4 ‘‘(ii) establish reasonable compensation 

5 for such losses; and 

6 ‘‘(B) not later than 60 days after the date 

7 of enactment of the Pandemic Education Re8 sponse Act, with respect to a borrower who made 

9 a payment on a Federal student loan defined in 

10 subparagraph (B) or (C) of section 3502(a)(2) 

11 during the period beginning on March 13, 2020, 

12 and ending on such date of enactment, the Sec13 retary shall pay to the borrower, an amount 

14 equal to the lower of— 

15 ‘‘(i) the amount paid by the borrower 

16 on such loan during such period; or 

17 ‘‘(ii) the amount that was due on such 

18 loan during such period. 

19 ‘‘(4) RECERTIFICATION.—A borrower who is re20 paying a Federal student loan pursuant to an in21 come-contingent repayment plan under section 

22 455(d)(1)(D) of the Higher Education Act of 1965 (20 

23 U.S.C. 1087e(d)(1)(D)) or an income-based repay24 ment plan under section 493C of such Act (20 U.S.C. 

25 1098e) shall not be required to recertify the income or 
304 

•HR 925 EAH 

1 family size of the borrower under such plan prior to 

2 December 31, 2021.’’; 

3 (2) in subsection (c), by striking ‘‘part D or B 

4 of title IV of the Higher Education Act of 1965 (20 

5 U.S.C. 1087a et seq.; 1071 et seq.)’’ and inserting 

6 ‘‘part B, D, or E of title IV of the Higher Education 

7 Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.; 

8 1087aa et seq.)’’; 

9 (3) in subsection (d), by striking ‘‘During the pe10 riod in which the Secretary suspends payments on a 

11 loan under subsection (a), the Secretary’’ and insert12 ing ‘‘During the period in which payments on a Fed13 eral student loan are suspended under subsection (a), 

14 the Secretary or, as applicable, the Secretary of 

15 Health and Human Services’’; 

16 (4) in subsection (e), by striking ‘‘During the pe17 riod in which the Secretary suspends payments on a 

18 loan under subsection (a), the Secretary’’ and insert19 ing ‘‘During the period in which payments on a Fed20 eral student loan are suspended under subsection (a), 

21 the Secretary or, as applicable, the Secretary of 

22 Health and Human Services’’; and 

23 (5) in subsection (f), by striking ‘‘the Secretary’’ 

24 and inserting ‘‘the Secretary or, as applicable, the 

25 Secretary of Health and Human Services,’’.’’ 
305 

•HR 925 EAH 

1 SEC. 133. NO INTEREST ACCRUAL. 

2 Section 3513(b) of division A of the Coronavirus Aid, 

3 Relief, and Economic Security Act (Public Law 116–136) 

4 is amended to read as follows: 

5 ‘‘(b) PROVIDING INTEREST RELIEF.— 

6 ‘‘(1) NO ACCRUAL OF INTEREST.— 

7 ‘‘(A) IN GENERAL.—During the period de8 scribed in subparagraph (D), interest on a Fed9 eral student loan shall not accrue or shall be 

10 paid by the Secretary (or the Secretary of Health 

11 and Human Services) during— 

12 ‘‘(i) the repayment period of such loan; 

13 ‘‘(ii) any period excluded from the re14 payment period of such loan (including any 

15 period of deferment or forbearance); 

16 ‘‘(iii) any period in which the bor17 rower of such loan is in a grace period; or 

18 ‘‘(iv) any period in which the borrower 

19 of such loan is in default on such loan. 

20 ‘‘(B) DIRECT LOANS AND DEPARTMENT OF

21 EDUCATION HELD FFEL AND PERKINS LOANS.— 

22 For purposes of subparagraph (A), interest shall 

23 not accrue on a Federal student loan defined in 

24 section 3502(a)(2)(A). 
306 

•HR 925 EAH 

1 ‘‘(C) FFEL AND PERKINS LOANS NOT HELD

2 BY THE DEPARTMENT OF EDUCATION AND HHS

3 LOANS.—For purposes of subparagraph (A)— 

4 ‘‘(i) in the case of a Federal student 

5 loan defined in section 3502(a)(2)(B), the 

6 Secretary shall pay, on a monthly basis, the 

7 amount of interest due on the unpaid prin8 cipal of such loan to the holder of such loan, 

9 except that any payments made under this 

10 clause shall not affect payment calculations 

11 under section 438 of the Higher Education 

12 Act of 1965 (20 U.S.C. 1087–1); and 

13 ‘‘(ii) in the case of a Federal student 

14 loan defined in section 3502(a)(2)(C), the 

15 Secretary of Health and Human Services 

16 shall pay, on a monthly basis, the amount 

17 of interest due on the unpaid principal of 

18 such loan to the holder of such loan. 

19 ‘‘(D) PERIOD DESCRIBED.— 

20 ‘‘(i) IN GENERAL.—The period de21 scribed in this clause is the period begin22 ning on March 13, 2020, and ending on the 

23 later of— 

24 ‘‘(I) September 30, 2021; or 
307 

•HR 925 EAH 

1 ‘‘(II) the day following the date of 

2 enactment of the Pandemic Education 

3 Response Act that is 2 months after the 

4 national U–5 measure of labor under5 utilization shows initial signs of recov6 ery. 

7 ‘‘(ii) DEFINITIONS.—In this subpara8 graph: 

9 ‘‘(I) NATIONAL U–5 MEASURE OF

10 LABOR UNDERUTILIZATION.—The term 

11 ‘national U–5 measure of labor under12 utilization’ means the seasonally-ad13 justed, monthly U–5 measure of labor 

14 underutilization published by the Bu15 reau of Labor Statistics. 

16 ‘‘(II) INITIAL SIGNS OF RECOV17 ERY.—The term ‘initial signs of recov18 ery’ means that the average national 

19 U–5 measure of labor underutilization 

20 for months in the most recent 3-con21 secutive-month period for which data 

22 are available— 

23 ‘‘(aa) is lower than the high24 est value of the average national 

25 U–5 measure of labor under-
308 

•HR 925 EAH 

1 utilization for a 3-consecutive2 month period during the period 

3 beginning in March 2020 and the 

4 most recent month for which data 

5 from the Bureau of Labor Statis6 tics are available by an amount 

7 that is equal to or greater than 

8 one-third of the difference be9 tween— 

10 ‘‘(AA) the highest value 

11 of the average national U–5 

12 measure of labor under13 utilization for a 3-consecu14 tive-month period during 

15 such period; and 

16 ‘‘(BB) the value of the 

17 average national U–5 meas18 ure of labor underutilization 

19 for the 3-consecutive-month 

20 period ending in February 

21 2020; and 

22 ‘‘(bb) has decreased for each 

23 month during the most recent 2 

24 consecutive months for which data 
309 

•HR 925 EAH 

1 from the Bureau of Labor Statis2 tics are available. 

3 ‘‘(E) OTHER DEFINITIONS.—In this para4 graph: 

5 ‘‘(i) DEFAULT.—The term ‘default’— 

6 ‘‘(I) in the case of a Federal stu7 dent loan made, insured, or guaranteed 

8 under part B or D of the Higher Edu9 cation Act of 1965, has the meaning 

10 given such term in section 435(l) of the 

11 Higher Education Act of 1965 (20 

12 U.S.C. 1085); 

13 ‘‘(II) in the case of a Federal stu14 dent loan made under part E of the 

15 Higher Education Act of 1965, has the 

16 meaning given such term in section 

17 674.2 of title 34, Code of Federal Regu18 lations (or successor regulations); or 

19 ‘‘(III) in the case of a Federal stu20 dent loan defined in section 

21 3502(a)(2)(C), has the meaning given 

22 such term in section 721 or 835 of the 

23 Public Health Service Act (42 U.S.C. 

24 292q, 297a), as applicable. 
310 

•HR 925 EAH 

1 ‘‘(ii) GRACE PERIOD.—The term ‘grace 

2 period’ means— 

3 ‘‘(I) in the case of a Federal stu4 dent loan made, insured, or guaranteed 

5 under part B or D of the Higher Edu6 cation Act of 1965, the 6-month period 

7 after the date the student ceases to 

8 carry at least one-half the normal full9 time academic workload, as described 

10 in section 428(b)(7) of the Higher Edu11 cation Act of 1965 (20 U.S.C. 

12 1078(b)(7)); 

13 ‘‘(II) in the case of a Federal stu14 dent loan made under part E of the 

15 Higher Education Act of 1965, the 9- 

16 month period after the date on which 

17 a student ceases to carry at least one18 half the normal full-time academic 

19 workload, as described in section 

20 464(c)(1)(A) of the Higher Education 

21 Act of 1965 (20 U.S.C. 

22 1087dd(c)(1)(A)); and 

23 ‘‘(III) in the case of a Federal stu24 dent loan defined in section 

25 3502(a)(2)(C), the 1-year period de-
311 

•HR 925 EAH 

1 scribed in section 722(c) of the Public 

2 Health Service Act (42 U.S.C. 292r(c)) 

3 or the 9-month period described in sec4 tion 836(b)(2) of such Act (42 U.S.C. 

5 297b(b)(2)), as applicable. 

6 ‘‘(iii) REPAYMENT PERIOD.—The term 

7 ‘repayment period’ means— 

8 ‘‘(I) in the case of a Federal stu9 dent loan made, insured, or guaranteed 

10 under part B or D of the Higher Edu11 cation Act of 1965, the repayment pe12 riod described in section 428(b)(7) of 

13 the Higher Education Act of 1965 (20 

14 U.S.C. 1078(b)(7)); 

15 ‘‘(II) in the case of a Federal stu16 dent loan made under part E of the 

17 Higher Education Act of 1965, the re18 payment period described in section 

19 464(c)(4) of the Higher Education Act 

20 of 1965 (20 U.S.C. 1087dd(c)(4)); or 

21 ‘‘(III) in the case of a Federal stu22 dent loan defined in section 

23 3502(a)(2)(C), the repayment period 

24 described in section 722(c) or 836(b)(2) 

25 of the Public Health Service Act (42 
312 

•HR 925 EAH 

1 U.S.C. 292r(c), 297b(b)(2)), as appli2 cable. 

3 ‘‘(2) INTEREST REFUND IN LIEU OF RETRO4 ACTIVE APPLICABILITY.—By not later than 60 days 

5 after the date of enactment of the Pandemic Edu6 cation Response Act, the Secretary or, as applicable, 

7 the Secretary of Health and Human Services, shall, 

8 for each Federal student loan defined in subpara9 graph (B) or (C) of section 3502(a)(2) for which in10 terest was not paid by such Secretary pursuant to 

11 paragraph (1) during the period beginning on March 

12 13, 2020 and ending on such date of enactment— 

13 ‘‘(A) determine the amount of interest due 

14 (or that would have been due in the absence of 

15 being voluntarily paid by the holder of such 

16 loan) on such loan during the period beginning 

17 March 13, 2020, and ending on such date of en18 actment; and 

19 ‘‘(B) refund the amount of interest cal20 culated under subparagraph (A), by— 

21 ‘‘(i) paying the holder of the loan the 

22 amount of the interest calculated under sub23 paragraph (A), to be applied to the loan 

24 balance for the borrower of such loan; or 
313 

•HR 925 EAH 

1 ‘‘(ii) if there is no outstanding balance 

2 or payment due on the loan as of the date 

3 on which the refund is to be provided, pro4 viding a payment in the amount of the in5 terest calculated under subparagraph (A) 

6 directly to the borrower. 

7 ‘‘(3) SUSPENSION OF INTEREST CAPITALIZA8 TION.— 

9 ‘‘(A) IN GENERAL.—With respect to any 

10 Federal student loan, interest that accrued but 

11 had not been paid prior to March 13, 2020, and 

12 had not been capitalized as of such date, shall 

13 not be capitalized. 

14 ‘‘(B) TRANSITION.—The Secretary or, as 

15 applicable, the Secretary of Health and Human 

16 Services, shall ensure that any interest on a Fed17 eral student loan that had been capitalized in 

18 violation of subparagraph (A) is corrected and 

19 the balance of principal and interest due for the 

20 Federal student loan is adjusted accordingly.’’. 

21 SEC. 134. NOTICE TO BORROWERS. 

22 Section 3513(g) of division A of the Coronavirus Aid, 

23 Relief, and Economic Security Act (Public Law 116–136) 

24 is amended— 
314 

•HR 925 EAH 

1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘the Secretary’’ and inserting ‘‘the Secretary 

3 or, as applicable, the Secretary of Health and Human 

4 Services,’’; 

5 (2) in paragraph (1)(D), by striking the period 

6 and inserting a semicolon; 

7 (3) in paragraph (2)— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘August 1, 2020’’ and inserting 

10 ‘‘August 1, 2021’’; and 

11 (B) by amending subparagraph (B) to read 

12 as follows: 

13 ‘‘(B) that— 

14 ‘‘(i) a borrower of a Federal student 

15 loan made, insured, or guaranteed under 

16 part B or D of title IV of the Higher Edu17 cation Act of 1965 may be eligible to enroll 

18 in an income-contingent repayment plan 

19 under section 455(d)(1)(D) of the Higher 

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

21 1087e(d)(1)(D)) or an income-based repay22 ment plan under section 493C of such Act 

23 (20 U.S.C. 1098e), including a brief de24 scription of such repayment plans; and 
315 

•HR 925 EAH 

1 ‘‘(ii) in the case of a borrower of a 

2 Federal student loan defined in section 

3 3502(a)(2)(C) or made under part E of title 

4 IV of the Higher Education of 1965, the 

5 borrower may be eligible to enroll in such a 

6 repayment plan if the borrower consolidates 

7 such loan with a loan described in clause (i) 

8 of this subparagraph, and receives a Federal 

9 Direct Consolidation Loan under part D of 

10 the Higher Education of 1965 (20 U.S.C. 

11 1087a et seq.); and’’; and 

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

13 ‘‘(3) in a case in which the accrual of interest 

14 on Federal student loans is suspended under sub15 section (b)(1) beyond September 30, 2021, during the 

16 2-month period beginning on the date on which the 

17 national U–5 measure of labor underutilization shows 

18 initial signs of recovery (as such terms are defined in 

19 subsection (b)(1)(D)) carry out a program to provide 

20 not less than 6 notices by postal mail, telephone, or 

21 electronic communication to borrowers— 

22 ‘‘(A) indicating when the interest on Fed23 eral student loans of the borrower will resume 

24 accrual and capitalization; and 
316 

•HR 925 EAH 

1 ‘‘(B) the information described in para2 graph (2)(B).’’. 

3 SEC. 135. IMPLEMENTATION. 

4 Section 3513 of division A of the Coronavirus Aid, Re5 lief, and Economic Security Act (Public Law 116–136), as 

6 amended by this part, is further amended by adding at the 

7 end the following: 

8 ‘‘(i) IMPLEMENTATION.— 

9 ‘‘(1) INFORMATION VERIFICATION.— 

10 ‘‘(A) IN GENERAL.—To facilitate implemen11 tation of this section, information for the pur12 poses described in subparagraph (B), shall be re13 ported— 

14 ‘‘(i) by the holders of Federal student 

15 loans defined in section 3502(a)(2)(B) to 

16 the satisfaction of the Secretary; and 

17 ‘‘(ii) by the holders of Federal student 

18 loans defined in section 3502(a)(2)(C) to the 

19 satisfaction of the Secretary of Health and 

20 Human Services. 

21 ‘‘(B) PURPOSES.—The purposes of the in22 formation reported under subparagraph (A) are 

23 to— 
317 

•HR 925 EAH 

1 ‘‘(i) verify, at the borrower level, the 

2 payments that are provided or suspended 

3 under this section; and 

4 ‘‘(ii) calculate the amount of any in5 terest due to the holder for reimbursement of 

6 interest under subsection (b). 

7 ‘‘(2) COORDINATION.—The Secretary shall co8 ordinate with the Secretary of Health and Human 

9 Services to carry out the provisions of this section 

10 with respect to Federal student loans defined in sec11 tion 3502(a)(2)(C).’’. 

12 SEC. 136. EFFECTIVE DATE. 

13 Except as otherwise provided, this part, and the 

14 amendments made by this part, shall take effect as if en15 acted as part of the Coronavirus Aid, Relief, and Economic 

16 Security Act (Public Law 116–136). 

17 PART 2—CONSOLIDATION LOANS AND PUBLIC 

18 SERVICE LOAN FORGIVENESS 

19 SEC. 137. SPECIAL RULES RELATING TO FEDERAL DIRECT 

20 CONSOLIDATION LOANS. 

21 (a) SPECIAL RULES RELATING TO FEDERAL DIRECT

22 CONSOLIDATION LOANS AND PSLF.— 

23 (1) PUBLIC SERVICE LOAN FORGIVENESS OPTION

24 ON CONSOLIDATION APPLICATION.— 
318 

•HR 925 EAH 

1 (A) IN GENERAL.—During the period de2 scribed in subsection (e), the Secretary shall— 

3 (i) include, in any application for a 

4 Federal Direct Consolidation Loan under 

5 part D of title IV of the Higher Education 

6 Act of 1965 (20 U.S.C. 1087a et seq,), an 

7 option for the borrower to indicate that the 

8 borrower intends to participate in the pub9 lic service loan forgiveness program under 

10 section 455(m) of such Act (20 U.S.C. 

11 1087e(m)); and 

12 (ii) for each borrower who submits an 

13 application for a Federal Direct Consolida14 tion Loan, without regard to whether the 

15 borrower indicates the intention described 

16 in clause (i)— 

17 (I) request that the borrower sub18 mit a certification of employment; and 

19 (II) after receiving a complete cer20 tification of employment— 

21 (aa) carry out the require22 ments of paragraph (2); and 

23 (bb) inform the borrower of 

24 the number of qualifying monthly 

25 payments made on the component 
319 

•HR 925 EAH 

1 loans before consolidation that 

2 shall be deemed, in accordance 

3 with paragraph (2)(D), to be 

4 qualifying monthly payments 

5 made on the Federal Direct Con6 solidation Loan. 

7 (B) HOLD HARMLESS.—The Secretary may 

8 not change or otherwise rescind a calculation 

9 made under paragraph (2)(D) after informing 

10 the borrower of the results of such calculation 

11 under subparagraph (A)(ii)(II)(bb). 

12 (2) PROCESS TO DETERMINE QUALIFYING PAY13 MENTS FOR PURPOSES OF PSLF.—Upon receipt of a 

14 complete certification of employment under para15 graph (1)(A)(ii)(II) of a borrower who receives a Fed16 eral Direct Consolidation Loan described in para17 graph (1)(A), the Secretary shall— 

18 (A) review the borrower’s payment history 

19 to identify each component loan of such Federal 

20 Direct Consolidation Loan; 

21 (B) for each such component loan— 

22 (i) calculate the weighted factor of the 

23 component loan, which shall be the factor 

24 that represents the portion of such Federal 
320 

•HR 925 EAH 

1 Direct Consolidation Loan that is attrib2 utable to such component loan; and 

3 (ii) determine the number of qualifying 

4 monthly payments made on such component 

5 loan before consolidation; 

6 (C) calculate the number of qualifying 

7 monthly payments determined under subpara8 graph (B)(ii) with respect to a component loan 

9 that shall be deemed as qualifying monthly pay10 ments made on the Federal Direct Consolidation 

11 Loan by multiplying— 

12 (i) the weighted factor of such compo13 nent loan as determined under subpara14 graph (B)(i), by 

15 (ii) the number of qualifying monthly 

16 payments made on such component loan as 

17 determined under subparagraph (B)(ii); 

18 and 

19 (D) calculate the total number of qualifying 

20 monthly payments with respect to the component 

21 loans of the Federal Direct Consolidation Loan 

22 that shall be deemed as qualifying monthly pay23 ments made on such Federal Direct Consolida24 tion Loan by— 
321 

•HR 925 EAH 

1 (i) adding together the result of each 

2 calculation made under subparagraph (C) 

3 with respect to each such component loan; 

4 and 

5 (ii) rounding the number determined 

6 under clause (i) to the nearest whole num7 ber. 

8 (3) DEFINITIONS.—For purposes of this sub9 section: 

10 (A) CERTIFICATION OF EMPLOYMENT.—The 

11 term ‘‘certification of employment’’, used with 

12 respect to a borrower, means a certification of 

13 the employment of the borrower in a public serv14 ice job (as defined in section 455(m)(3)(B) of the 

15 Higher Education Act of 1965) on or after Octo16 ber 1, 2007. 

17 (B) COMPONENT LOAN.—The term ‘‘compo18 nent loan’’, used with respect to a Federal Direct 

19 Consolidation Loan, means each loan for which 

20 the liability has been discharged by the proceeds 

21 of the Federal Direct Consolidation Loan, 

22 which— 

23 (i) may include a loan that is not an 

24 eligible Federal Direct Loan (as defined in 
322 

•HR 925 EAH 

1 section 455(m)(3)(A) of the Higher Edu2 cation Act of 1965); and 

3 (ii) in the case of a subsequent consoli4 dation loan, only includes loans for which 

5 the liability has been directly discharged by 

6 such subsequent consolidation loan. 

7 (C) FEDERAL DIRECT CONSOLIDATION

8 LOAN.—The term ‘‘Federal Direct Consolidation 

9 Loan’’ means a Federal Direct Consolidation 

10 Loan made under part D of title IV of the High11 er Education Act of 1965 (20 U.S.C. 1087a et 

12 seq.). 

13 (D) QUALIFYING MONTHLY PAYMENT.— 

14 (i) COMPONENT LOAN.—The term 

15 ‘‘qualifying monthly payment’’, used with 

16 respect to a component loan, means a 

17 monthly payment on such loan made by a 

18 borrower, during a period of employment in 

19 a public service job (as defined in section 

20 455(m)(3)(B) of the Higher Education Act 

21 of 1965 (20 U.S.C. 1087e(m)(3)(B)) on or 

22 after October 1, 2007, pursuant to— 

23 (I) a repayment plan under part 

24 B, D, or E of title IV of the Higher 

25 Education Act of 1965 (20 U.S.C. 1071 
323 

•HR 925 EAH 

1 et seq.; 1087a et seq.; 1087aa et seq.); 

2 or 

3 (II) in the case of a loan made 

4 under subpart II of part A of title VII 

5 of the Public Health Service Act or 

6 under part E of title VIII of the Public 

7 Health Service Act, a repayment plan 

8 under title VII or VIII of such Act. 

9 (ii) FEDERAL DIRECT CONSOLIDATION

10 LOAN.—The term ‘‘qualifying monthly pay11 ment’’, used with respect to a Federal Di12 rect Consolidation Loan, means a monthly 

13 payment on such loan that counts as 1 of 

14 the 120 monthly payments described in sec15 tion 455(m)(1)(A) of the Higher Education 

16 Act of 1965 (20 U.S.C. 1087e(m)(3)(B)). 

17 (b) SPECIAL RULES RELATING TO FEDERAL DIRECT

18 CONSOLIDATION LOANS AND ICR AND IBR.— 

19 (1) IN GENERAL.—During the period described 

20 in subsection (e), with respect to a borrower who re21 ceives a Federal Direct Consolidation Loan and who 

22 intends to repay such loan under an income-contin23 gent repayment plan under section 455(d)(1)(D) of 

24 the Higher Education Act of 1965 (20 U.S.C. 

25 1087e(d)(1)(D)) or an income-based repayment plan 
324 

•HR 925 EAH 

1 under section 493C of such Act (20 U.S.C. 1098e), the 

2 Secretary shall— 

3 (A) review the borrower’s payment history 

4 to identify each component loan of such Federal 

5 Direct Consolidation Loan; 

6 (B) for each such component loan— 

7 (i) calculate the weighted factor of the 

8 component loan, which shall be the factor 

9 that represents the portion of such Federal 

10 Direct Consolidation Loan that is attrib11 utable to such component loan; and 

12 (ii) determine the number of qualifying 

13 monthly payments made on such component 

14 loan before consolidation; 

15 (C) calculate the number of qualifying 

16 monthly payments determined under subpara17 graph (B)(ii) with respect to a component loan 

18 that shall be deemed as qualifying monthly pay19 ments made on the Federal Direct Consolidation 

20 Loan by multiplying— 

21 (i) the weighted factor of such compo22 nent loan as determined under subpara23 graph (B)(i), by 

24 (ii) the number of qualifying monthly 

25 payments made on such component loan as 
325 

•HR 925 EAH 

1 determined under subparagraph (B)(ii); 

2 and 

3 (D) calculate and inform the borrower of 

4 the total number of qualifying monthly pay5 ments with respect to the component loans of the 

6 Federal Direct Consolidation Loan that shall be 

7 deemed as qualifying monthly payments made 

8 on such Federal Direct Consolidation Loan by— 

9 (i) adding together the result of each 

10 calculation made under subparagraph (C) 

11 with respect to each such component loan; 

12 and 

13 (ii) rounding the number determined 

14 under clause (i) to the nearest whole num15 ber. 

16 (2) HOLD HARMLESS.—The Secretary may not 

17 change or otherwise rescind a calculation made under 

18 paragraph (1)(D) after informing the borrower of the 

19 results of such calculation under such paragraph. 

20 (3) DEFINITIONS.—In this subsection: 

21 (A) COMPONENT LOAN; FEDERAL DIRECT

22 CONSOLIDATION LOAN.—The terms ‘‘component 

23 loan’’ and ‘‘Federal Direct Consolidation Loan’’ 

24 have the meanings given the terms in subsection 

25 (a). 
326 

•HR 925 EAH 

1 (B) QUALIFYING PAYMENT.— 

2 (i) COMPONENT LOANS.—Subject to 

3 clause (ii), the term ‘‘qualifying monthly 

4 payment’’, used with respect to a component 

5 loan, means a monthly payment on such 

6 loan made by a borrower pursuant to— 

7 (I) a repayment plan under part 

8 B, D, or E of title IV of the Higher 

9 Education Act of 1965 (20 U.S.C. 1071 

10 et seq., 1087a et seq., 1087aa et seq.); 

11 or 

12 (II) in the case of a loan made 

13 under subpart II of part A of title VII 

14 of the Public Health Service Act (42 

15 U.S.C. 292q et seq.) or under part E of 

16 title VIII of the Public Health Service 

17 Act (42 U.S.C. 297a et seq.), a repay18 ment plan under title VII or VIII of 

19 such Act. 

20 (ii) CLARIFICATION.— 

21 (I) ICR.—For purposes of deter22 mining the number of qualifying 

23 monthly payments made on a compo24 nent loan pursuant to an income-con25 tingent repayment plan under section 
327 

•HR 925 EAH 

1 455(d)(1)(D) of the Higher Education 

2 Act of 1965 (20 U.S.C. 

3 1087e(d)(1)(D)), each month a bor4 rower is determined to meet the re5 quirements of section 455(e)(7)(B)(i) of 

6 such Act with respect to such loan shall 

7 be treated as such a qualifying month8 ly payment. 

9 (II) IBR.—For purposes of deter10 mining the number of qualifying 

11 monthly payments made on a compo12 nent loan pursuant to an income-based 

13 repayment plan under section 493C of 

14 such Act (20 U.S.C. 1098e), each 

15 month a borrower was determined to 

16 meet the requirements of subsection 

17 (b)(7)(B) of such section 493C with re18 spect to such loan shall be treated as 

19 such a qualifying monthly payment. 

20 (iii) FEDERAL DIRECT CONSOLIDATION

21 LOANS.—The term ‘‘qualifying monthly 

22 payment’’, used with respect to a Federal 

23 Direct Consolidation Loan, means a month24 ly payment on such loan that counts as a 

25 monthly payment under an income-contin-
328 

•HR 925 EAH 

1 gent repayment plan under section 

2 455(d)(1)(D) of the Higher Education Act 

3 of 1965 (20 U.S.C. 1087e(d)(1)(D)), or an 

4 income-based repayment plan under section 

5 493C of the Higher Education Act of 1965 

6 (20 U.S.C. 1098e). 

7 (c) NOTIFICATION TO BORROWERS.— 

8 (1) IN GENERAL.—During the period described 

9 in subsection (e), the Secretary and the Secretary of 

10 Health and Human Services shall undertake a cam11 paign to alert borrowers of a loan described in para12 graph (2)— 

13 (A) on the benefits of consolidating such 

14 loans into a Federal Direct Consolidation Loan, 

15 including the benefits of the special rules under 

16 subsections (a) and (b) of this section; and 

17 (B) under which servicers and holders of 

18 Federal student loans shall provide to borrowers 

19 such consumer information, and in such manner, 

20 as determined appropriate by the Secretaries, 

21 based on conducting consumer testing to deter22 mine how to make the information as meaning23 ful to borrowers as possible. 

24 (2) FEDERAL STUDENT LOANS.—A loan de25 scribed in this paragraph is— 
329 

•HR 925 EAH 

1 (A) a loan made under subpart II of part 

2 A of title VII of the Public Health Service Act 

3 or under part E of title VIII of such Act; or 

4 (B) a loan made under part E of the High5 er Education Act of 1965. 

6 (d) SPECIAL RULE FOR INTEREST ON FEDERAL DI7 RECT CONSOLIDATION LOANS.—Any Federal Direct Con8 solidation Loan for which the application is received during 

9 the period described in subsection (e), shall bear interest at 

10 an annual rate as calculated under section 455(b)(8)(D) of 

11 the Higher Education Act of 1965 (20 U.S.C. 

12 1087e(b)(8)(D)), without regard to the requirement to 

13 round the weighted average of the interest rate to the nearest 

14 higher one-eighth of one percent. 

15 (e) PERIOD.—The period described in this clause is the 

16 period beginning on the date of enactment of this Act, and 

17 ending on the later of— 

18 (1) September 30, 2021; or 

19 (2) the day following the date of enactment of 

20 this Act that is 2 months after the national U–5 

21 measure of labor underutilization shows initial signs 

22 of recovery (as such terms are defined in section 

23 3513(b) of the Coronavirus Aid, Relief, and Economic 

24 Security Act (Public Law 116–136), as amended by 

25 this Act)). 
330 

•HR 925 EAH 

1 (f) GAO STUDY ON IMPLEMENTATION OF SPECIAL

2 RULES ON CONSOLIDATION.—Not later than 6 months after 

3 the date of enactment of this Act, the Comptroller General 

4 of the United States shall submit a report to the authorizing 

5 committees (defined in section 103 of the Higher Education 

6 Act of 1965 (20 U.S.C. 1003) on the implementation of this 

7 section, which shall include— 

8 (1) information on borrowers who apply for or 

9 receive a Federal Direct Consolidation Loan under 

10 part D of the Higher Education Act of 1965 during 

11 the period described in subsection (e), disaggregated— 

12 (A) by borrowers who intend to participate 

13 in the public service loan forgiveness program 

14 under section 455(m) of such Act (20 U.S.C. 

15 1087e(m)); and 

16 (B) by borrowers who intend to repay such 

17 loans on an income-contingent repayment plan 

18 under section 455(d)(1)(D) of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or 

20 an income-based repayment plan under section 

21 493C of such Act (20 U.S.C. 1098e); 

22 (2) the extent to which the Secretary has estab23 lished procedures for carrying out subsections (a) and 

24 (b); 
331 

•HR 925 EAH 

1 (3) the extent to which the Secretary and the 

2 Secretary of Health and Human Services have car3 ried out the notification to borrowers required under 

4 subsection (c); and 

5 (4) recommendations on improving the imple6 mentation of this section to ensure increased borrower 

7 participation. 

8 SEC. 138. TREATMENT OF PSLF. 

9 (a) EXCEPTION FOR PURPOSES OF PSLF LOAN FOR10 GIVENESS.—Section 455(m)(1)(B) of the Higher Education 

11 Act of 1965 (20 U.S.C. 1087e(m)(1)(B)) shall apply as if 

12 clause (i) were struck. 

13 (b) HEALTH CARE PRACTITIONER.—In section 

14 455(m)(3)(B)(i) of the Higher Education Act of 1965 (20 

15 U.S.C. 1087e(m)(3)(B)(i)), the term ‘‘full-time professionals 

16 engaged in health care practitioner occupations’’ includes 

17 an individual who— 

18 (1) has a full-time job as a health care practi19 tioner; 

20 (2) provides medical services in such full-time 

21 job at a nonprofit hospital or public hospital or other 

22 nonprofit or public health care facility; and 

23 (3) is prohibited by State law from being em24 ployed directly by such hospital or other health care 

25 facility. 
332 

•HR 925 EAH 

1 Subtitle D—Protecting Students 

2 SEC. 141. NOTIFICATIONS AND REPORTING RELATING TO 

3 HIGHER EDUCATION. 

4 (a) NOTIFICATION OF NON-CARES ACT FLEXIBILI5 TIES.— 

6 (1) NOTICE TO CONGRESS.— 

7 (A) IN GENERAL.—Not later than two days 

8 before the date on which the Secretary grants a 

9 flexibility described in paragraph (4), the Sec10 retary shall— 

11 (i) submit to the authorizing commit12 tees a written notification of the Secretary’s 

13 intent to grant such flexibility; and 

14 (ii) publish the notification on a pub15 licly accessible website of the Department of 

16 Education. 

17 (B) ELEMENTS.—Each notification under 

18 subparagraph (A) shall— 

19 (i) identify the provision of law, regu20 lation, or subregulatory guidance to which 

21 the flexibility will apply; 

22 (ii) identify any limitations on the 

23 flexibility, including any time limits; 

24 (iii) identify the statutory authority 

25 under which the flexibility is provided; 
333 

•HR 925 EAH 

1 (iv) identify the class of covered enti2 ties to which the flexibility will apply; 

3 (v) identify whether a covered entity 

4 will need to request the flexibility or wheth5 er the flexibility will be applied without re6 quest; 

7 (vi) in the case of a flexibility that re8 quires a covered entity to request the flexi9 bility, identify the factors the Secretary will 

10 consider in approving or denying the flexi11 bility; 

12 (vii) explain how the flexibility is ex13 pected to benefit the covered entity or class 

14 of covered entities to which it applies; and 

15 (viii) explain the reasons the flexibility 

16 is necessary and appropriate due to 

17 COVID–19. 

18 (2) QUARTERLY REPORTS.—Not later than 10 

19 days after the end of each fiscal quarter for the dura20 tion of the qualifying emergency through the end of 

21 the first fiscal year beginning after the conclusion of 

22 such qualifying emergency, the Secretary shall submit 

23 to the authorizing committees a report that includes, 

24 with respect to flexibilities described in paragraph (4) 
334 

•HR 925 EAH 

1 that have been issued by the Secretary in the most re2 cently ended fiscal quarter, the following: 

3 (A) In the case of a flexibility that was 

4 issued by the Secretary without request from a 

5 covered entity, an explanation of all require6 ments, including reporting requirements, that the 

7 Secretary imposed on the covered entity as a 

8 condition of the flexibility. 

9 (B) In the case of a flexibility for which a 

10 covered entity requested and received specific ap11 proval from the Secretary— 

12 (i) identification of the covered entity 

13 that received the flexibility; 

14 (ii) an explanation of the specific rea15 sons for approval of the request; 

16 (iii) a detailed description of the terms 

17 of the flexibility, including— 

18 (I) a description of any limita19 tions on the flexibility; and 

20 (II) identification of each provi21 sion of law (including regulation and 

22 subregulatory guidance) that is waived 

23 or modified and, for each such provi24 sion, the statutory authority under 

25 which the flexibility was provided; and 
335 

•HR 925 EAH 

1 (iv) a copy of the final document 

2 granting the flexibility. 

3 (C) In the case of any request for a flexi4 bility that was denied by the Secretary— 

5 (i) identification of the covered entity 

6 or entities that were denied a flexibility; 

7 (ii) a detailed description of the terms 

8 of the request for the flexibility; and 

9 (iii) an explanation of the specific rea10 sons for denial of the request. 

11 (3) REPORT ON FLEXIBILITIES GRANTED BEFORE

12 ENACTMENT.—Not later than 30 days after the date 

13 of enactment of this Act, the Secretary shall submit 

14 to the authorizing committees a report that— 

15 (A) identifies each flexibility described in 

16 paragraph (4) that was granted by the Secretary 

17 between March 13, 2020, and the date of enact18 ment of this Act; and 

19 (B) with respect to each such flexibility, 

20 provides the information specified in paragraph 

21 (1)(B). 

22 (4) FLEXIBILITY DESCRIBED.—A flexibility de23 scribed in this paragraph is modification or waiver 

24 of any provision of the Higher Education Act of 1965 

25 (20 U.S.C. 1001 et seq.) (including any regulation or 
336 

•HR 925 EAH 

1 subregulatory guidance issued under such a provi2 sion) that the Secretary determines to be necessary 

3 and appropriate to modify or waive due to COVID– 

4 19, other than a provision of the Higher Education 

5 Act of 1965 that the Secretary is specifically author6 ized to modify or waive pursuant to the CARES Act 

7 (Public Law 116–136). 

8 (5) PRIVACY.—The Secretary shall ensure that 

9 any report or notification submitted under this sub10 section does not reveal personally identifiable infor11 mation about an individual student. 

12 (6) RULE OF CONSTRUCTION.—Nothing in this 

13 subsection shall be construed to authorize the Sec14 retary to waive or modify any provision of law. 

15 (b) REPORTS ON EXERCISE OF CARES ACT WAIVERS

16 BY INSTITUTIONS OF HIGHER EDUCATION.—Not later than 

17 30 days after the date of enactment of this Act, each institu18 tion of higher education that exercises an authority pro19 vided under section 3503(b), section 3504, section 3505, sec20 tion 3508(d), section 3509, or section 3517(b) of the CARES 

21 Act (Public Law 116–136) shall submit to the Secretary 

22 a report that describes the nature and extent of the institu23 tion’s exercise of such authorities, including the number of 

24 students and amounts of aid provided under title IV of the 
337 

•HR 925 EAH 

1 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) af2 fected by the exercise of such authorities, as applicable. 

3 (c) REPORTS ON CHANGES TO CONTRACTS AND

4 AGREEMENTS.—Not later than 10 days after the end of each 

5 fiscal quarter for the duration of the qualifying emergency 

6 through the end of the first fiscal year beginning after the 

7 conclusion of such qualifying emergency, the Secretary shall 

8 submit to the authorizing committees a report that includes, 

9 for the most recently ended fiscal quarter— 

10 (1) a summary of all modifications to any con11 tracts with Department of Education contractors re12 lating to Federal student loans, including— 

13 (A) the contractual provisions that were 

14 modified; 

15 (B) the names of all contractors affected by 

16 the modifications; and 

17 (C) estimates of any costs or savings result18 ing from the modifications; 

19 (2) a summary of all amendments, addendums, 

20 or other modifications to program participation 

21 agreements with institutions of higher education 

22 under section 487 of the Higher Education Act of 

23 1965 (20 U.S.C. 1094), any provisional program par24 ticipation agreements entered into under such section, 

25 including— 
338 

•HR 925 EAH 

1 (A) any provisions of such agreements that 

2 were modified by the Department of Education; 

3 and 

4 (B) the number of institutions of higher 

5 education that received such modifications or en6 tered into such provisional agreements, 

7 disaggregated by— 

8 (i) status as a four-year, two-year, or 

9 less-than-two-year public institution, pri10 vate nonprofit institution, or proprietary 

11 institution; and 

12 (ii) each category of minority-serving 

13 institution described in section 371(a) of the 

14 Higher Education Act (20 U.S.C. 1067q); 

15 and 

16 (3) sample copies of program participation 

17 agreements (including provisional agreements), se18 lected at random from among the agreements de19 scribed in paragraph (2), including at least one 

20 agreement from each type of institution (whether a 

21 public institution, private nonprofit institution, or 

22 proprietary institution) that received a modified or 

23 provisional agreement. 

24 (d) REPORT TO CONGRESS.— 
339 

•HR 925 EAH 

1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of enactment of this Act, the Secretary shall 

3 submit to the authorizing committees a report that 

4 includes the following: 

5 (A) A summary of the reports received by 

6 the Secretary under subsection (b). 

7 (B) A description of— 

8 (i) the Secretary’s use of the authority 

9 under section 3506 of the CARES Act (Pub10 lic Law 116–136) to adjust subsidized loan 

11 usage limits, including the total number of 

12 students and the total amount of subsidized 

13 loans under title IV of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1070 et seq.) 

15 affected by the Secretary’s use of such au16 thority; 

17 (ii) the Secretary’s use of the authority 

18 under section 3507 of the CARES Act (Pub19 lic Law 116–136) to exclude certain periods 

20 from the Federal Pell Grant duration limit, 

21 including the total number of students and 

22 the total amount of Federal Pell Grants 

23 under section 401 of the Higher Education 

24 Act of 1965 (20 U.S.C. 1070a) affected by 

25 the Secretary’s use of such authority; and 
340 

•HR 925 EAH 

1 (iii) the Secretary’s use of the author2 ity under section 3508 of the CARES Act 

3 (Public Law 116–136) to waive certain re4 quirements for the return of Federal funds, 

5 including— 

6 (I) in the case of waivers issued to 

7 students under such section, the total 

8 number of students and the total 

9 amount of aid under title IV of the 

10 Higher Education Act of 1965 (20 

11 U.S.C. 1070 et seq.) affected by the 

12 Secretary’s use of such authority; and 

13 (II) in the case of waivers issued 

14 to institutions of higher education 

15 under such section, the total number of 

16 students and the total amount of aid 

17 under title IV of the Higher Education 

18 Act of 1965 (20 U.S.C. 1070 et seq.) af19 fected by the Secretary’s use of such 

20 authority. 

21 (C) A summary of the information required 

22 to be reported to the authorizing committees 

23 under sections 3510 and 3512 of the CARES Act 

24 (Public Law 116–136), as amended by this Act, 

25 regardless of whether such information has pre-
341 

•HR 925 EAH 

1 viously been reported to such committees as of 

2 the date of the report under this subsection. 

3 (D) Information relating to the temporary 

4 relief for Federal student loan borrowers pro5 vided under section 3513 of the CARES Act 

6 (Public Law 116–136), including— 

7 (i) with respect to the notifications re8 quired under subsection (g)(1) of such sec9 tion— 

10 (I) the total number of individual 

11 notifications sent to borrowers in ac12 cordance with such subsection, 

13 disaggregated by electronic, postal, and 

14 telephonic notifications; 

15 (II) the total number of notifica16 tions described in clause (i) that were 

17 sent within the 15-day period specified 

18 in such subsection; and 

19 (III) the actual costs to the De20 partment of Education of making the 

21 notifications under such subsection; 

22 (ii) the projected costs to the Depart23 ment of Education of making the notifica24 tions required under subsection (g)(2) of 

25 such section; 
342 

•HR 925 EAH 

1 (iii) the number of Federal student 

2 loan borrowers who have affirmatively 

3 opted-out of payment suspension under sub4 section (a) of such section; 

5 (iv) the number of individual notifica6 tions sent to employers directing the em7 ployers to halt wage garnishment pursuant 

8 to subsection (e) of such section, 

9 disaggregated by electronic, postal, and tele10 phonic notifications; 

11 (v) the number of Federal student loan 

12 borrowers who have had their wages gar13 nished pursuant to section 488A of the 

14 Higher Education Act of 1965 (20 U.S.C. 

15 1095a) or section 3720D of title 31, United 

16 States Code, between March 13, 2020, and 

17 the date of the date of enactment of this Act; 

18 (vi) the number of Federal student loan 

19 borrowers subject to interest capitalization 

20 as a result of consolidating Federal student 

21 loans since March 13, 2020, and the total 

22 amount of such interest capitalization; 

23 (vii) the average daily call wait times 

24 and call drop rates, disaggregated by stu25 dent loan servicer, for the period between 
343 

•HR 925 EAH 

1 March 13, 2020, and the date of enactment 

2 of this Act; and 

3 (viii) the estimated or projected sav4 ings to the Department of Education for 

5 student loan servicing activities for the pe6 riod beginning on March 13, 2020, and 

7 ending on September 30, 2020, due to lower 

8 reimbursement or contract costs per account 

9 for student loan servicers and private collec10 tion agencies resulting from the suspension 

11 of Federal student loan payments and halt 

12 to collection activities under the CARES 

13 Act (Public Law 116–136). 

14 (E) Information relating to the special rules 

15 relating to Federal Direct Consolidation Loans 

16 under section 137 of this Act, including— 

17 (i) the number of borrowers who sub18 mitted an application for a Federal Direct 

19 Consolidation Loan; 

20 (ii) the number of borrowers who re21 ceived a Federal Direct Consolidation Loan; 

22 and 

23 (iii) the wait time between submitting 

24 an application and receiving a Federal Di25 rect Consolidation Loan. 
344 

•HR 925 EAH 

1 (F) A summary of the information required 

2 to be reported to the authorizing committees 

3 under section 3517(c) and section 3518(c) of the 

4 CARES Act (Public Law 116–136), as amended 

5 by this Act, regardless of whether such informa6 tion has previously been reported to such com7 mittees as of the date of the report under this 

8 subsection. 

9 (G) A copy of any communication from the 

10 Department of Education to grantees and Fed11 eral student loan borrowers eligible for rights 

12 and benefits under section 3519 of the CARES 

13 Act (Public Law 116–136) to inform such grant14 ees and borrowers of their eligibility for such 

15 rights and benefits. 

16 (2) DUTY OF HHS.—The Secretary of Health and 

17 Human Services shall provide to the Secretary of 

18 Education the information necessary for the Secretary 

19 of Education to comply with paragraph (1)(D). 

20 (e) AMENDMENTS TO CARES ACT REPORTING RE21 QUIREMENTS.— 

22 (1) REPORTING REQUIREMENT FOR HBCU CAP23 ITAL FINANCING LOAN DEFERMENT.—Section 3512(c) 

24 of the CARES Act (Public Law 116–136) is amended 

25 by striking the period at the end and inserting ‘‘, the 
345 

•HR 925 EAH 

1 terms of the loans deferred, and the schedule for re2 payment of the deferred loan amount.’’. 

3 (2) REPORTING REQUIREMENT FOR INSTITU4 TIONAL AID MODIFICATIONS.—Section 3517(c) of the 

5 CARES Act (Public Law 116–136) is amended by 

6 striking the period at the end and inserting ‘‘, identi7 fies the statutory provision waived or modified, and 

8 describes the terms of the waiver or modification re9 ceived by the institution.’’. 

10 (3) REPORTING REQUIREMENT FOR GRANT MODI11 FICATIONS.—Section 3518(c) of the CARES Act (Pub12 lic Law 116–136) is amended by striking the period 

13 at the end and inserting ‘‘and describes the terms of 

14 the modification received by the institution or other 

15 grant recipient.’’. 

16 (f) DEFINITIONS.—In this section: 

17 (1) The term ‘‘covered entity’’ means an institu18 tion of higher education, a Federal contractor, a stu19 dent, or any other entity that is subject to the Higher 

20 Education Act of 1965 (20 U.S.C. 1001 et seq.). 

21 (2) The term ‘‘Federal student loan’’ means a 

22 loan described in section 3502(a)(2) of the CARES 

23 Act (Public Law 116–136), as amended by this Act. 
346 

•HR 925 EAH 

1 SEC. 142. PROTECTING STUDENTS FROM PREDATORY RE2 CRUITMENT. 

3 (a) UNDERCOVER AND AUDIT-BASED INVESTIGA4 TIONS.—During the covered period, in carrying out the pro5 visions of subpart 3 of part H of title IV of such Act (20 

6 U.S.C. 1099c et seq.), including paragraphs (1) and (2) of 

7 section 498A(a) of the Higher Education Act of 1965 (20 

8 U.S.C. 1099c–1(a)), the Secretary of Education shall— 

9 (1) conduct regular undercover and audit-based 

10 investigations for the purpose of encouraging the eth11 ical treatment of students and prospective students 

12 and detecting fraud and abuse in the Federal student 

13 aid programs, including— 

14 (A) violations described in section 487(c)(3) 

15 of the Higher Education Act of 1965 (20 U.S.C. 

16 1094(c)(3)); 

17 (B) violations of section 487(a)(20) of such 

18 Act (20 U.S.C. 1094(a)(20)); 

19 (C) violations described in subparagraphs 

20 (A) and (B) by any entity with which the insti21 tution has contracted for student recruitment or 

22 admission activities; and 

23 (D) violations of subsection (b) of this sec24 tion; 

25 (2) develop written guidelines for the investiga26 tions described in paragraph (1)— 
347 

•HR 925 EAH 

1 (A) in accordance with commonly-accepted 

2 practices for undercover operations by Office of 

3 Inspector General of the Department of Edu4 cation; and 

5 (B) in consultation with other relevant 

6 agencies, including the Department of Justice, 

7 Federal Trade Commission, Consumer Financial 

8 Protection Bureau, and the Office of Inspector 

9 General of the Department of Education; 

10 (3) ensure that institutions found in violation of 

11 the provisions under paragraph (1) shall be subject to 

12 a sanction determined by the Secretary of Education 

13 under section 487(c) of the Higher Education Act of 

14 1965 (20 U.S.C. 1094(c)); and 

15 (4) provide to the authorizing committees (as de16 fined in section 103 of the Higher Education Act of 

17 1965 (20 U.S.C. 1003)), and make available to the 

18 public, an annual report on— 

19 (A) the findings of investigations described 

20 in paragraph (1); and 

21 (B) the applicable sanctions imposed on in22 stitutions found in violation of the provisions de23 scribed in paragraph (1). 

24 (b) NOTICE OF INCENTIVE PAYMENT BAN.—During 

25 the covered period, each institution of higher education par-
348 

•HR 925 EAH 

1 ticipating in a program under title IV of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1070 et seq.) shall— 

3 (1) provide notice of the ban on prohibited incen4 tive payment (including commissions and bonuses) 

5 under section 487(a)(20) of such Act (20 U.S.C. 

6 1094(a)(20)) (and accompanying regulations) upon 

7 hiring an employee or entering into a contract with 

8 a third party contractor, and at least once per cal9 endar year to employees and third-party contractors 

10 of the institution; and 

11 (2) publish a clear statement in all internal re12 cruitment materials, including guides or manuals, ac13 knowledging such ban. 

14 (c) SUNSET.—For purposes of this section, the term 

15 ‘‘covered period’’ means the period beginning on the date 

16 of enactment of this Act and ending on the date on which 

17 subpart 3 of part H of title IV of the Higher Education 

18 (20 U.S.C. 1099c) is amended or repealed. 

19 TITLE II—IMPACT AID AND MI20 GRANT EDUCATION 

21 CORONAVIRUS RELIEF 

22 SEC. 201. IMPACT AID. 

23 Due to the national emergency declared by the Presi24 dent under the National Emergencies Act (50 U.S.C. 1601 

25 et seq.) on March 13, 2020, with respect to the coronavirus, 
349 

•HR 925 EAH 

1 and notwithstanding sections 7002(j) and 7003(c) of the El2 ementary and Secondary Education Act of 1965 (20 U.S.C. 

3 7702(j), 7703(c)), a local educational agency desiring to re4 ceive a payment under section 7002 or 7003 of such Act 

5 (20 U.S.C. 7702, 7703) for fiscal year 2022 that also sub6 mitted an application for such payment for fiscal year 2021 

7 shall, in the application submitted under section 7005 of 

8 such Act (20 U.S.C. 7705) for fiscal year 2022— 

9 (1) with respect to a requested payment under 

10 section 7002 of such Act (20 U.S.C. 7702)— 

11 (A) use the data described in subsection (j) 

12 of such section 7002 relating to calculating such 

13 payment that was submitted by the local edu14 cational agency in the application for fiscal year 

15 2021; or 

16 (B) use the data relating to calculating such 

17 payment for the fiscal year required under such 

18 subsection (j); and 

19 (2) with respect to a requested payment under 

20 section 7003 of such Act (20 U.S.C. 7703)— 

21 (A) use the student count data relating to 

22 calculating such payment that was submitted by 

23 the local educational agency in the application 

24 for fiscal year 2021, except that payments for 

25 fiscal year 2022 shall be calculated by the Sec-
350 

•HR 925 EAH 

1 retary using the expenditures and rates described 

2 in clauses (i), (ii), (iii), and (iv) of subsection 

3 (b)(1)(C) of such section 7003 that would other4 wise apply for fiscal year 2022; or 

5 (B) use the student count data relating to 

6 calculating such payment for the fiscal year re7 quired under subsection (c) of such section 7003. 

8 SEC. 202. EDUCATION OF MIGRATORY CHILDREN. 

9 Due to the national emergency declared by the Presi10 dent under the National Emergencies Act (50 U.S.C. 1601 

11 et seq.) on March 13, 2020, with respect to the coronavirus, 

12 and notwithstanding subsections (a)(1) and (f)(1) of section 

13 1303 of the Elementary and Secondary Education Act of 

14 1965 (20 U.S.C. 6393), for the purposes of making deter15 minations under subsections (a)(1) and (f) of such section 

16 1303 for fiscal year 2021 and all subsequent fiscal years 

17 for which school year 2019–2020 data would be used in the 

18 calculations under section 1303(a)(1) of such Act (20 U.S.C. 

19 6393(a)(1)) , the Secretary of Education shall use school 

20 year 2018–2019 or school year 2019–2020 data, whichever 

21 data are greater, wherever school year 2019–2020 data oth22 erwise would be required. 
351 

•HR 925 EAH 

1 TITLE III—CAREER, TECHNICAL, 

2 AND ADULT EDUCATION 

3 SEC. 301. DEFINITIONS. 

4 In this subtitle: 

5 (1) CORONAVIRUS.—The term ‘‘coronavirus’’ 

6 means coronavirus as defined in section 506 of the 

7 Coronavirus Preparedness and Response Supple8 mental Appropriations Act, 2020 (Public Law 116– 

9 123). 

10 (2) COVID–19 NATIONAL EMERGENCY.—The 

11 term ‘‘COVID–19 national emergency’’ means the na12 tional emergency declared by the President under the 

13 National Emergencies Act (50 U.S.C. 1601 et seq.) on 

14 March 13, 2020, with respect to the coronavirus. 

15 SEC. 302. COVID–19 CAREER AND TECHNICAL EDUCATION 

16 RESPONSE FLEXIBILITY. 

17 (a) POOLING OF FUNDS.—An eligible recipient may, 

18 in accordance with section 135(c) of the Carl D. Perkins 

19 Career and Technical Education Act of 2006 (20 U.S.C. 

20 2355(c)), pool a portion of funds received under such Act 

21 with a portion of funds received under such Act available 

22 to one or more eligible recipients to support the transition 

23 from secondary education to postsecondary education or 

24 employment for CTE participants whose academic year 

25 was interrupted by the COVID–19 national emergency. 
352 

•HR 925 EAH 

1 (b) PROFESSIONAL DEVELOPMENT.—During the 

2 COVID–19 national emergency, section 3(40)(B) of the Carl 

3 D. Perkins Career and Technical Education Act of 2006 

4 (20 U.S.C. 2302(40)(B)) shall apply as if ‘‘sustained (not 

5 stand-alone, 1-day, or short-term workshops), intensive, col6 laborative, job-embedded, data-driven, and classroom-fo7 cused,’’ were struck. 

8 (c) DEFINITIONS.—Except as otherwise provided, the 

9 terms in this section have the meanings given the terms in 

10 section 3 of the Carl D. Perkins Career and Technical Edu11 cation Act of 2006 (20 U.S.C. 2302). 

12 SEC. 303. ADULT EDUCATION AND LITERACY RESPONSE AC13 TIVITIES. 

14 (a) ONLINE SERVICE DELIVERY OF ADULT EDU15 CATION AND LITERACY ACTIVITIES.—During the COVID– 

16 19 national emergency, an eligible agency may use funds 

17 available to such agency under paragraphs (2) and (3) of 

18 section 222(a) of the Workforce Innovation and Oppor19 tunity Act (20 U.S.C. 3302(a)) for the administrative ex20 penses of the eligible agency related to transitions to online 

21 service delivery of adult education and literacy activities. 

22 (b) DEFINITIONS.—Except as otherwise provided, the 

23 terms in this section have the meanings given the terms in 

24 section 203 of the Workforce Innovation and Opportunity 

25 Act (29 U.S.C. 3272). 
353 

•HR 925 EAH 

1 TITLE IV—DISABILITY 

2 EMPLOYMENT 

3 SEC. 401. REHABILITATION ACT WAIVERS. 

4 (a) PROVISIONS ELIGIBLE FOR WAIVER.—The fol5 lowing provisions of the Rehabilitation Act of 1973 (29 

6 U.S.C. 701 et seq.) are eligible for waivers due to the na7 tional emergency declared by the President under the Na8 tional Emergencies Act (50 U.S.C. 1601 et seq.) on March 

9 13, 2020, with respect to the coronavirus: 

10 (1) The Secretary of Education may provide a 

11 waiver of section 103(b)(1) to allow the replacement 

12 of expired or spoiled food products at vending facili13 ties. 

14 (2) The Secretary of Education may provide a 

15 waiver of the service obligation requirement under 

16 section 302(b) due to interrupted service obligations. 

17 (b) DURATION.—A waiver approved by the Secretary 

18 under subsection (a) shall expire on the earlier of the fol19 lowing dates: 

20 (1) The date that is 1 year after the date of the 

21 enactment of this Act. 

22 (2) The last day of the national emergency re23 ferred to in subsection (a). 

24 (c) STREAMLINED PROCESS.—The Secretary of Edu25 cation shall create a streamlined application process to re-
354 

•HR 925 EAH 

1 quest a waiver under this section, and the Secretary may 

2 grant such waiver if the Secretary determines that the waiv3 er is necessary and appropriate. 

4 (d) LIMITATION.—Nothing in this section shall be con5 strued to allow the Secretary to waive any statutory or reg6 ulatory requirements under applicable civil rights laws. 

7 (e) REPORTING AND PUBLICATION.— 

8 (1) PUBLIC NOTICE.—A State requesting a waiv9 er under this section shall provide the public notice 

10 of, and the opportunity to comment on, the request by 

11 posting on the State website information regarding 

12 the waiver request and the process for commenting. 

13 (2) NOTIFYING CONGRESS.—Not later than 7 

14 days after— 

15 (A) receiving a waiver request from a State 

16 under this section, the Secretary of Education 

17 shall notify the Committee on Health, Edu18 cation, Labor, and Pensions of the Senate, the 

19 Committee on Appropriations of the Senate, the 

20 Committee on Education and Labor of the House 

21 of Representatives, and the Committee on Appro22 priations of the House of Representatives of such 

23 waiver request; and 

24 (B) granting a waiver under this section, 

25 the Secretary of Education shall notify the Com-
355 

•HR 925 EAH 

1 mittee on Health, Education, Labor, and Pen2 sions of the Senate, the Committee on Appro3 priations of the Senate, the Committee on Edu4 cation and Labor of the House of Representa5 tives, and the Committee on Appropriations of 

6 the House of Representatives of such waiver. 

7 (3) PUBLICATION.—Not later than 30 days after 

8 granting a waiver under this section, the Secretary of 

9 Education shall publish a notice of the Secretary’s de10 cision (including which waiver was granted and the 

11 reason for granting the waiver) in the Federal Reg12 ister and on the website of the Department of Edu13 cation. 
356 

•HR 925 EAH 

1 DIVISION C—PROTECTION FOR 

2 FAMILIES AND WORKERS 

3 TITLE I—AMENDMENTS TO 

4 EMERGENCY FAMILY AND 

5 MEDICAL LEAVE EXPANSION 

6 ACT AND EMERGENCY PAID 

7 SICK LEAVE ACT 

8 Subtitle A—Emergency Family and 

9 Medical Leave Expansion Act 

10 Amendments 

11 SEC. 101. REFERENCES. 

12 Except as otherwise expressly provided, whenever in 

13 this subtitle an amendment or repeal is expressed in terms 

14 of an amendment to, or repeal of, a section or other provi15 sion, the reference shall be considered to be made to a section 

16 or other provision of the Family and Medical Leave Act 

17 of 1993 (29 U.S.C. 2601 et seq.), as amended by the Emer18 gency Family and Medical Leave Expansion Act (Public 

19 Law 116–127). 

20 SEC. 102. EMPLOYEE ELIGIBILITY AND EMPLOYER CLARI21 FICATION. 

22 (a) EMPLOYEE ELIGIBILITY.—Section 101(2) is 

23 amended by adding at the end the following: 

24 ‘‘(F) ALTERNATIVE ELIGIBILITY FOR COVID– 

25 19 PUBLIC HEALTH EMERGENCY .—For the pe-
357 

•HR 925 EAH 

1 riod beginning on the date of the enactment of 

2 The Heroes Act and ending on December 31, 

3 2022— 

4 ‘‘(i) subparagraph (A)(i) shall be ap5 plied by substituting ‘90 days’ for ‘12 

6 months’; and 

7 ‘‘(ii) subparagraph (A)(ii) shall not 

8 apply.’’. 

9 (b) EMPLOYER CLARIFICATION.—Section 101(4) is 

10 amended by adding at the end the following: 

11 ‘‘(C) CLARIFICATION.—Subparagraph (A)(i) 

12 shall not apply with respect to a public agency 

13 described in subparagraph (A)(iii).’’. 

14 SEC. 103. EMERGENCY LEAVE EXTENSION. 

15 Section 102(a)(1)(F) is amended by striking ‘‘Decem16 ber 31, 2020’’ and inserting ‘‘February 28, 2021’’. 

17 SEC. 104. EMERGENCY LEAVE DEFINITIONS. 

18 (a) ELIGIBLE EMPLOYEE.—Section 110(a)(1) is 

19 amended in subparagraph (A), by striking ‘‘sections 

20 101(2)(A) and 101(2)(B)(ii)’’ and inserting ‘‘section 

21 101(2)’’. 

22 (b) EMPLOYER THRESHOLD.—Section 110(a)(1)(B) is 

23 amended by striking ‘‘fewer than 500 employees’’ and in24 serting ‘‘1 or more employees’’. 
358 

•HR 925 EAH 

1 (c) PARENT.—Section 110(a)(1) is amended by adding 

2 at the end the following: 

3 ‘‘(C) PARENT.—In lieu of the definition in 

4 section 101(7), the term ‘parent’, with respect to 

5 an employee, means any of the following: 

6 ‘‘(i) A biological, foster, or adoptive 

7 parent of the employee. 

8 ‘‘(ii) A stepparent of the employee. 

9 ‘‘(iii) A parent-in-law of the employee. 

10 ‘‘(iv) A parent of a domestic partner of 

11 the employee. 

12 ‘‘(v) A legal guardian or other person 

13 who stood in loco parentis to an employee 

14 when the employee was a child.’’. 

15 (d) QUALIFYING NEED RELATED TO A PUBLIC

16 HEALTH EMERGENCY.—Section 110(a)(2)(A) is amended 

17 to read as follows: 

18 ‘‘(A) QUALIFYING NEED RELATED TO A

19 PUBLIC HEALTH EMERGENCY.—The term ‘quali20 fying need related to a public health emergency’, 

21 with respect to leave, means that the employee is 

22 unable to perform the functions of the position of 

23 such employee due to a need for leave for any of 

24 the following: 
359 

•HR 925 EAH 

1 ‘‘(i) To self-isolate because the em2 ployee is diagnosed with COVID–19. 

3 ‘‘(ii) To obtain a medical diagnosis or 

4 care if such employee is experiencing the 

5 symptoms of COVID–19. 

6 ‘‘(iii) To comply with a recommenda7 tion or order by a public official with juris8 diction or a health care provider to self iso9 late, without regard to whether such rec10 ommendation or order is specific to the em11 ployee, on the basis that the physical pres12 ence of the employee on the job would jeop13 ardize the employee’s health, the health of 

14 other employees, or the health of an indi15 vidual in the household of the employee be16 cause of— 

17 ‘‘(I) the possible exposure of the 

18 employee to COVID–19; or 

19 ‘‘(II) exhibition of symptoms of 

20 COVID–19 by the employee. 

21 ‘‘(iv) To care for or assist a family 

22 member of the employee, without regard to 

23 whether another individual other than the 

24 employee is available to care for or assist 

25 such family member, because— 
360 

•HR 925 EAH 

1 ‘‘(I) such family member— 

2 ‘‘(aa) is self-isolating because 

3 such family member has been di4 agnosed with COVID–19; or 

5 ‘‘(bb) is experiencing symp6 toms of COVID–19 and needs to 

7 obtain medical diagnosis or care; 

8 or 

9 ‘‘(II) a public official with juris10 diction or a health care provider makes 

11 a recommendation or order with re12 spect to such family member, without 

13 regard to whether such determination 

14 is specific to such family member, that 

15 the presence of the family member in 

16 the community would jeopardize the 

17 health of other individuals in the com18 munity because of— 

19 ‘‘(aa) the possible exposure of 

20 such family member to COVID– 

21 19; or 

22 ‘‘(bb) exhibition of symptoms 

23 of COVID–19 by such family 

24 member. 
361 

•HR 925 EAH 

1 ‘‘(v) To care for the son or daughter of 

2 such employee if, due to COVID–19— 

3 ‘‘(I) the child care provider of 

4 such son or daughter is unavailable; 

5 ‘‘(II) the school or place of care of 

6 such son or daughter is closed; or 

7 ‘‘(III) the school of such son or 

8 daughter—- 

9 ‘‘(aa) requires or makes op10 tional a virtual learning instruc11 tion model; or 

12 ‘‘(bb) requires or makes op13 tional a hybrid of in-person and 

14 virtual learning instruction mod15 els. 

16 ‘‘(vi) To care for a family member who 

17 is incapable of self-care because of a mental 

18 or physical disability or is a senior citizen, 

19 without regard to whether another indi20 vidual other than the employee is available 

21 to care for such family member, if the place 

22 of care for such family member is closed or 

23 the direct care provider is unavailable due 

24 to COVID–19.’’. 
362 

•HR 925 EAH 

1 (e) FAMILY MEMBER.—Section 110(a)(2) is amended 

2 by adding at the end the following: 

3 ‘‘(E) FAMILY MEMBER.—The term ‘family 

4 member’, with respect to an employee, means 

5 any of the following: 

6 ‘‘(i) A parent of the employee. 

7 ‘‘(ii) A spouse of the employee. 

8 ‘‘(iii) A sibling of the employee. 

9 ‘‘(iv) Next of kin of the employee or a 

10 person for whom the employee is next of 

11 kin. 

12 ‘‘(v) A son or daughter of the employee. 

13 ‘‘(vi) A grandparent or grandchild of 

14 the employee. 

15 ‘‘(vii) A domestic partner of the em16 ployee. 

17 ‘‘(viii) Any other individual related by 

18 blood or affinity whose close association 

19 with the employee is the equivalent of a 

20 family relationship. 

21 ‘‘(F) DOMESTIC PARTNER.— 

22 ‘‘(i) IN GENERAL.—The term ‘domestic 

23 partner’, with respect to an individual, 

24 means another individual with whom the 

25 individual is in a committed relationship. 
363 

•HR 925 EAH 

1 ‘‘(ii) COMMITTED RELATIONSHIP DE2 FINED.—The term ‘committed relationship’ 

3 means a relationship between 2 individuals, 

4 each at least 18 years of age, in which each 

5 individual is the other individual’s sole do6 mestic partner and both individuals share 

7 responsibility for a significant measure of 

8 each other’s common welfare. The term in9 cludes any such relationship between 2 indi10 viduals that is granted legal recognition by 

11 a State or political subdivision of a State 

12 as a marriage or analogous relationship, 

13 including a civil union or domestic partner14 ship.’’. 

15 SEC. 105. REGULATORY AUTHORITIES. 

16 (a) IN GENERAL.—Section 110(a) is amended by strik17 ing paragraph (3). 

18 (b) FORCE OR EFFECT OF REGULATIONS.—Any regu19 lation issued under section 110(a)(3), as in effect on the 

20 day before the date of the enactment of this Act, shall have 

21 no force or effect. 

22 SEC. 106. PAID LEAVE. 

23 Section 110(b) of the Family and Medical Leave Act 

24 of 1993 is amended— 
364 

•HR 925 EAH 

1 (1) in the heading, by striking ‘‘Relationship 

2 to’’; 

3 (2) by amending paragraph (1) to read as fol4 lows: 

5 ‘‘(1) EMPLOYEE ELECTION.— 

6 ‘‘(A) IN GENERAL.—An employee may elect 

7 to substitute any vacation leave, personal leave, 

8 or medical or sick leave for paid leave under sec9 tion 102(a)(1)(F) in accordance with section 

10 102(d)(2)(B). 

11 ‘‘(B) EMPLOYER REQUIREMENT.—An em12 ployer may not require an employee to substitute 

13 any leave described in subparagraph (A) for 

14 leave under section 102(a)(1)(F). 

15 ‘‘(C) RELATIONSHIP TO OTHER FAMILY AND

16 MEDICAL LEAVE.—Leave taken under subpara17 graph (F) of section 102(a)(1) shall not count to18 wards the 12 weeks of leave to which an em19 ployee is entitled under subparagraphs (A) 

20 through (E) of such section. 

21 ‘‘(D) RELATIONSHIP TO LIMITATION.— 

22 PRESUMPTION OF ELIGIBILITY FOR for 

23 any vacation leave, personal leave, or medical or 

24 sick leave that is substituted for leave under sec-
365 

•HR 925 EAH 

1 tion 102(a)(1)(F) shall not count toward the 

2 limitation under paragraph (2)(B)(ii).’’; and 

3 (3) in paragraph (2)(A), by striking ‘‘that an 

4 employee takes’’ and all that follows through ‘‘10 

5 days’’. 

6 SEC. 107. WAGE RATE. 

7 Section 110(b)(2)(B) is amended— 

8 (1) by amending clause (i)(I) to read as follows: 

9 ‘‘(I) an amount that is not less 

10 than the greater of— 

11 ‘‘(aa) the minimum wage 

12 rate in effect under section 6(a)(1) 

13 of the Fair Labor Standards Act 

14 of 1938 (29 U.S.C. 206(a)(1)); 

15 ‘‘(bb) the minimum wage 

16 rate in effect for such employee in 

17 the applicable State or locality, 

18 whichever is greater, in which the 

19 employee is employed; or 

20 ‘‘(cc) two thirds of an em21 ployee’s regular rate of pay (as 

22 determined under section 7(e) of 

23 the Fair Labor Standards Act of 

24 1938 (29 U.S.C. 207(e)); and’’; 

25 and 
366 

•HR 925 EAH 

1 (2) in clause (ii), by striking ‘‘$10,000’’ and in2 serting ‘‘$12,000’’. 

3 SEC. 108. NOTICE. 

4 Section 110(c) is amended by striking ‘‘for the purpose 

5 described in subsection (a)(2)(A)’’. 

6 SEC. 109. INTERMITTENT LEAVE. 

7 Section 110 is amended by adding at the end the fol8 lowing: 

9 ‘‘(e) LEAVE TAKEN INTERMITTENTLY OR ON A RE10 DUCED WORK SCHEDULE.—Leave under section 

11 102(a)(1)(F) may be taken by an employee intermittently 

12 or on a reduced work schedule, without regard to whether 

13 the employee and the employer of the employee have an 

14 agreement with respect to whether such leave may be taken 

15 intermittently or on a reduced work schedule.’’. 

16 SEC. 110. CERTIFICATION. 

17 Section 110 is further amended by adding at the end 

18 the following: 

19 ‘‘(f) CERTIFICATION.— 

20 ‘‘(1) IN GENERAL.—If an employer requires that 

21 a request for leave under section 102(a)(1)(F) be cer22 tified, the employer may require documentation for 

23 certification not earlier than 5 weeks after the date on 

24 which the employee takes such leave. 
367 

•HR 925 EAH 

1 ‘‘(2) SUFFICIENT CERTIFICATION.—The following 

2 documentation shall be sufficient for certification: 

3 ‘‘(A) With respect to leave taken for the pur4 poses described in clauses (i) through (iv) of sub5 section (a)(2)(A)— 

6 ‘‘(i) a recommendation or order from a 

7 public official having jurisdiction or a 

8 health care provider that the employee or 

9 relevant family member has symptoms of 

10 COVID–19 or should self-isolate; or 

11 ‘‘(ii) documentation or evidence, in12 cluding an oral or written statement from 

13 an employee, that the employee or relevant 

14 family member has been exposed to COVID– 

15 19. 

16 ‘‘(B) With respect to leave taken for the 

17 purposes described in clause (v) or (vi) of sub18 section (a)(2)(A), notice— 

19 ‘‘(i) from the school, place of care, or 

20 child care or direct care provider of the son 

21 or daughter or other family member of the 

22 employee of closure or unavailability; or 

23 ‘‘(ii) from the school of the son or 

24 daughter of the requirement or option of a 

25 virtual learning instruction model or a hy-
368 

•HR 925 EAH 

1 brid of in-person and virtual learning in2 struction models.’’. 

3 SEC. 111. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF 

4 MANAGEMENT AND BUDGET TO EXCLUDE 

5 CERTAIN EMPLOYEES. 

6 Section 110(a) is amended by striking paragraph (4). 

7 SEC. 112. TECHNICAL AMENDMENTS. 

8 (a) Section 110(a)(1)(A) is amended by striking ‘‘(ii)’’ 

9 before ‘‘SPECIAL RULE’’ and inserting ‘‘(iii)’’. 

10 (b) Section 19008 of the CARES Act is amended— 

11 (1) by striking ‘‘—’’ after ‘‘amended’’; 

12 (2) by striking paragraph (1); and 

13 (3) by striking ‘‘(2)’’ before ‘‘by adding at the 

14 end’’. 

15 SEC. 113. AMENDMENTS TO THE EMERGENCY FAMILY AND 

16 MEDICAL LEAVE EXPANSION ACT. 

17 The Emergency Family and Medical Leave Expansion 

18 Act (Public Law 116–127) is amended— 

19 (1) in section 3103(b), by striking ‘‘Employees’’ 

20 and inserting, ‘‘Notwithstanding section 102(a)(1)(A) 

21 of the Family and Medical Leave Act of 1993 (29 

22 U.S.C. 2612(a)(1)(A)), employees’’; and 

23 (2) by striking sections 3104 and 3105. 
369 

•HR 925 EAH 

1 Subtitle B—Emergency Paid Sick 

2 Leave Act Amendments 

3 SEC. 121. REFERENCES. 

4 Except as otherwise expressly provided, whenever in 

5 this subtitle an amendment or repeal is expressed in terms 

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a section 

8 or other provision of division E of the Families First 

9 Coronavirus Response Act (Public Law 116–127). 

10 SEC. 122. PAID SICK TIME REQUIREMENT. 

11 (a) USES.—Section 5102(a) is amended to read as fol12 lows: 

13 ‘‘(a) IN GENERAL.—An employer shall provide to each 

14 employee employed by the employer paid sick time for any 

15 qualifying need related to a public health emergency (as 

16 defined in section 110(a)(2)(A) of the Family and Medical 

17 Leave Act of 1993 (29 U.S.C. 2620(a)(2)(A)).’’. 

18 (b) RECURRENCE.—Section 5102(b) is amended by 

19 striking ‘‘An’’ and inserting ‘‘During any 12-month period, 

20 an’’. 

21 (c) EMPLOYERS WITH EXISTING POLICIES.—Section 

22 5102 is amended by striking subsection (f) and inserting 

23 the following: 
370 

•HR 925 EAH 

1 ‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—With re2 spect to an employer that provides paid leave on the day 

3 before the date of the enactment of this Act— 

4 ‘‘(1) the paid sick time under this Act shall be 

5 made available to employees of the employer in addi6 tion to such paid leave; and 

7 ‘‘(2) the employer may not change such paid 

8 leave on or after such date of enactment to avoid 

9 being subject to paragraph (1).’’. 

10 (d) INTERMITTENT LEAVE.—Section 5102 is further 

11 amended by adding at the end the following: 

12 ‘‘(g) LEAVE TAKEN INTERMITTENTLY OR ON A RE13 DUCED WORK SCHEDULE.—Leave under section 5102 may 

14 be taken by an employee intermittently or on a reduced 

15 work schedule, without regard to whether the employee and 

16 the employer of the employee have an agreement with re17 spect to whether such leave may be taken intermittently or 

18 on a reduced work schedule.’’. 

19 (e) CERTIFICATION.—Section 5102 is further amended 

20 by adding at the end the following: 

21 ‘‘(h) CERTIFICATION.—If an employer requires that a 

22 request for paid sick time under this section be certified— 

23 ‘‘(1) the documentation described in paragraph 

24 (2) of section 110(f) of the Family and Medical Leave 
371 

•HR 925 EAH 

1 Act of 1993 (29 U.S.C. 2620(f)) shall be sufficient for 

2 certification; and 

3 ‘‘(2) an employer may not require such certifi4 cation unless— 

5 ‘‘(A) the employee takes not less than 3 con6 secutive days of paid sick time; and 

7 ‘‘(B) the employer requires documents for 

8 such certification not earlier than 7 workdays 

9 after the employee returns to work after such 

10 paid sick time.’’. 

11 (f) NOTICE.—Section 5102 is further amended by add12 ing at the end the following: 

13 ‘‘(i) NOTICE.—In any case where the necessity for 

14 leave under this section is foreseeable, an employee shall 

15 provide the employer with such notice of leave as is prac16 ticable.’’. 

17 (g) LEAVE TRANSFER TO NEW EMPLOYER.—Section 

18 5102 is further amended by adding at the end the following: 

19 ‘‘(j) LEAVE TRANSFER TO NEW EMPLOYER.—A cov20 ered employee who begins employment with a new covered 

21 employer shall be entitled to the full amount of leave under 

22 section 5102 with respect to such employer.’’. 

23 (h) RESTORATION TO POSITION.— 

24 (1) IN GENERAL.—Section 5102 is further 

25 amended by adding at the end the following: 
372 

•HR 925 EAH 

1 ‘‘(k) RESTORATION TO POSITION.—Any covered em2 ployee who takes paid sick time under this section, on re3 turn from such paid sick time, shall be entitled— 

4 ‘‘(1) to be restored by the employer to the posi5 tion of employment held by the employee when the 

6 leave commenced; or 

7 ‘‘(2) if such position is not available, to be re8 stored to an equivalent position with equivalent em9 ployment benefits, pay, and other terms and condi10 tions of employment.’’. 

11 (2) ENFORCEMENT.—Section 5105 is amended— 

12 (A) by amending subsection (a) to read as 

13 follows: 

14 ‘‘(a) UNPAID SICK LEAVE.—Subject to subsection (b), 

15 a violation of section 5102 shall be deemed a violation of 

16 section 7 of the Fair Labor Standards Act of 1938 (29 

17 U.S.C. 207) and unpaid amounts shall be treated as unpaid 

18 overtime compensation under such section for the purposes 

19 of sections 15 and 16 of such Act (29 U.S.C. 215 and 216).’’; 

20 and 

21 (B) in subsection (b), by inserting ‘‘section 

22 5102(k) or’’ before ‘‘section 5104’’. 

23 SEC. 123. SUNSET. 

24 Section 5109 is amended by striking ‘‘December 31, 

25 2020’’ and inserting ‘‘February 28, 2021’’. 
373 

•HR 925 EAH 

1 SEC. 124. DEFINITIONS. 

2 (a) EMPLOYER.—Section 5110(2)(B) is amended— 

3 (1) by striking ‘‘terms’’ and inserting ‘‘term’’; 

4 (2) by amending subclause (I) of clause (i) to 

5 read as follows: 

6 ‘‘(I) means any person engaged in 

7 commerce or in any industry or activ8 ity affecting commerce that employs 1 

9 or more employees;’’; and 

10 (3) by amending clause (ii) to read as follows: 

11 ‘‘(ii) PUBLIC AGENCY AND NON-PROFIT

12 ORGANIZATIONS.—For purposes of clause 

13 (i)(III) and (i)(I), a public agency and a 

14 nonprofit organization shall be considered 

15 to be a person engaged in commerce or in 

16 an industry or activity affecting com17 merce.’’. 

18 (b) FMLA TERMS.—Section 5110(4) is amended to 

19 read as follows: 

20 ‘‘(4) FMLA TERMS.— 

21 ‘‘(A) SECTION 101.—The terms ‘health care 

22 provider’, ‘next of kin’, ‘son or daughter’, and 

23 ‘spouse’ have the meanings given such terms in 

24 section 101 of the Family and Medical Leave Act 

25 of 1993 (29 U.S.C. 2611). 
374 

•HR 925 EAH 

1 ‘‘(B) SECTION 110.—The terms ‘child care 

2 provider’, ‘domestic partner’, ‘family member’, 

3 ‘parent’, and ‘school’ have the meanings given 

4 such terms in section 110(a)(2) of the Family 

5 and Medical and Leave Act of 1993.’’. 

6 (c) PAID SICK TIME.—Section 5110(5) is amended— 

7 (1) in subparagraph (A)— 

8 (A) in clause (i), by striking ‘‘reason de9 scribed in any paragraph of section 2(a)’’ and 

10 inserting ‘‘qualifying need related to a public 

11 health emergency’’; and 

12 (B) in clause (ii), by striking ‘‘exceed’’ and 

13 all that follows and inserting ‘‘exceed $511 per 

14 day and $5,110 in the aggregate.’’; 

15 (2) in subparagraph (B)— 

16 (A) by striking the following: 

17 ‘‘(B) REQUIRED COMPENSATION.— 

18 ‘‘(i) IN GENERAL.—Subject to subpara19 graph (A)(ii),’’; and inserting the following: 

20 ‘‘(B) REQUIRED COMPENSATION.—Subject 

21 to subparagraph (A)(ii),’’; and 

22 (B) by striking clause (ii); and 

23 (3) in subparagraph (C), by striking ‘‘ section 

24 2(a)’’ and inserting ‘‘section 5102(a)’’. 
375 

•HR 925 EAH 

1 (d) QUALIFYING NEED RELATED TO A PUBLIC

2 HEALTH EMERGENCY.—Section 5110 is amended by add3 ing at the end the following: 

4 ‘‘(1) QUALIFYING NEED RELATED TO A PUBLIC

5 HEALTH EMERGENCY.—The term ‘qualifying need re6 lated to a public health emergency’ has the meaning 

7 given such term in section 110(a)(2)(A) of the Family 

8 and Medical Leave Act of 1993 (29 U.S.C. 

9 2620(a)(2)(A)).’’. 

10 SEC. 125. EMERGENCY PAID SICK LEAVE FOR EMPLOYEES 

11 OF THE DEPARTMENT OF VETERANS AFFAIRS 

12 AND THE TRANSPORTATION SECURITY AD13 MINISTRATION FOR PURPOSES RELATING TO 

14 COVID–19. 

15 Section 5110(1) is further amended— 

16 (1) in subparagraph (E) by striking ‘‘or’’ after 

17 ‘‘Code;’’; 

18 (2) by redesignating subparagraph (F) as sub19 paragraph (H); and 

20 (3) by inserting after subparagraph (E) the fol21 lowing: 

22 ‘‘(F) notwithstanding sections 7421(a) or 

23 7425(b) of title 38, United States Code, or any 

24 other provision of law, an employee of the De-
376 

•HR 925 EAH 

1 partment of Veterans Affairs (including employ2 ees under chapter 74 of such title); 

3 ‘‘(G) any employee of the Transportation 

4 Security Administration, including an employee 

5 under 111(d) of the Aviation and Transportation 

6 Security Act (49 U.S.C. 44935 note); or’’. 

7 SEC. 126. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF 

8 MANAGEMENT AND BUDGET TO EXCLUDE 

9 CERTAIN EMPLOYEES. 

10 Division E is amended by striking section 5112. 

11 SEC. 127. REGULATORY AUTHORITIES. 

12 (a) IN GENERAL.—Division E is amended by striking 

13 section 5111. 

14 (b) FORCE OR EFFECT OF REGULATIONS.—Any regu15 lation issued under section 5111 of division E of the Fami16 lies First Coronavirus Response Act (Public Law 116–127), 

17 as in effect on the day before the date of the enactment of 

18 this Act, shall have no force or effect. 

19 TITLE II—COVID–19 EVERY 

20 WORKER PROTECTION ACT OF 

21 2020 

22 SEC. 201. SHORT TITLE. 

23 This title may be cited as the ‘‘COVID–19 Every 

24 Worker Protection Act of 2020’’. 
377 

•HR 925 EAH 

1 SEC. 202. EMERGENCY TEMPORARY AND PERMANENT 

2 STANDARDS. 

3 (a) EMERGENCY TEMPORARY STANDARD.— 

4 (1) IN GENERAL.—In consideration of the grave 

5 danger presented by COVID–19 and the need to 

6 strengthen protections for employees, not later than 7 

7 days after the date of the enactment of this Act, the 

8 Secretary of Labor shall promulgate an emergency 

9 temporary standard to protect from occupational ex10 posure to SARS–CoV–2— 

11 (A) employees of health care sector employ12 ers; 

13 (B) employees of employers in paramedic 

14 and emergency medical services, including such 

15 services provided by firefighters and other emer16 gency responders; and 

17 (C) employees of employers in other sectors 

18 or occupations, including mortuary services, food 

19 processing (including poultry, meat, and sea20 food), agriculture and crop harvesting, manufac21 turing, indoor and outdoor construction, correc22 tional centers, jails, and detention centers, trans23 portation (including airports, train stations, 

24 and bus stations), retail and wholesale grocery, 

25 warehousing and package and mail processing 

26 and delivery services, call centers, education, so-
378 

•HR 925 EAH 

1 cial service and daycare, homeless shelters, hotels, 

2 restaurants and bars, drug stores and phar3 macies, and retail establishments. 

4 (2) CONSULTATION.—In developing the standard 

5 under this subsection, the Secretary of Labor— 

6 (A) shall consult with— 

7 (i) the Director of the Centers for Dis8 ease Control and Prevention; and 

9 (ii) the Director of the National Insti10 tute for Occupational Safety and Health; 

11 and 

12 (B) may consult with the professional asso13 ciations and representatives of the employees de14 scribed in paragraph (1). 

15 (3) ENFORCEMENT DISCRETION.—If the Sec16 retary of Labor determines it is not feasible for an 

17 employer to comply with a requirement of the stand18 ard promulgated under this subsection (such as a 

19 shortage of the necessary personal protective equip20 ment), the Secretary may exercise discretion in the 

21 enforcement of such requirement if the employer dem22 onstrates that the employer— 

23 (A) is exercising due diligence to come into 

24 compliance with such requirement; and 
379 

•HR 925 EAH 

1 (B) is implementing alternative methods 

2 and measures to protect employees. 

3 (4) EXTENSION OF STANDARD.—Notwithstanding 

4 paragraphs (2) and (3) of section 6(c) of the Occupa5 tional Safety and Health Act of 1970 (29 U.S.C. 

6 655(c)), the emergency temporary standard promul7 gated under this subsection shall be in effect until the 

8 date on which the final standard promulgated under 

9 subsection (b) is in effect. 

10 (5) STATE PLAN ADOPTION.—With respect to a 

11 State with a State plan that has been approved by 

12 the Secretary of Labor under section 18 of the Occu13 pational Safety and Health Act of 1970 (29 U.S.C. 

14 667), not later than 14 days after the date of the en15 actment of this Act, such State shall promulgate an 

16 emergency temporary standard that is at least as ef17 fective in protecting from occupational exposure to 

18 SARS–CoV–2 the employees described in paragraph 

19 (1) as the emergency temporary standard promul20 gated under this subsection. 

21 (6) EMPLOYER DEFINED.—For purposes of the 

22 standard promulgated under this subsection, the term 

23 ‘‘employer’’ (as defined in section 3 of the Occupa24 tional Safety and Health Act of 1970 (29 U.S.C. 

25 652)) includes any State or political subdivision of a 
380 

•HR 925 EAH 

1 State, except for a State or political subdivision of a 

2 State already subject to the jurisdiction of a State 

3 plan approved under section 18(b) of the Occupa4 tional Safety and Health Act of 1970 (29 U.S.C. 

5 667(b)). 

6 (7) REQUIREMENTS.—The standard promulgated 

7 under this subsection shall include— 

8 (A) a requirement that any employer of an 

9 employee in an occupation or sector described in 

10 paragraph (1)— 

11 (i) conduct a hazard assessment to as12 sess risks of occupational exposure to 

13 SARS–CoV–2; 

14 (ii) develop and implement an expo15 sure control plan, based on the hazard as16 sessment mandated in clause (i), with the 

17 input and involvement of employees or the 

18 representatives of employees, as appro19 priate, to address the risk of occupational 

20 exposure in such sectors and occupations; 

21 (iii) provide job specific training and 

22 education to such employees on such stand23 ard, the plan under clause (ii), and preven24 tion of the transmission of SARS–CoV–2; 
381 

•HR 925 EAH 

1 (iv) implement, as appropriate, engi2 neering controls, including ventilation; 

3 work practice controls (including physical 

4 distancing of not less than 6 feet while on 

5 the job and during paid breaks); and appro6 priate respiratory protection and other per7 sonal protective equipment; 

8 (v) develop and implement procedures 

9 for— 

10 (I) sanitation of the work environ11 ment; 

12 (II) screening of employees for 

13 signs and symptoms of COVID–19; 

14 (III) the return to work for em15 ployees who previously tested positive 

16 for COVID–19 or who showed signs or 

17 symptoms of COVID–19; and 

18 (IV) ensuring that subcontractors 

19 comply with the procedures under sub20 clauses (I) through (III); and 

21 (vi) record and report each work-re22 lated COVID–19 infection and death, as set 

23 forth in part 1904 of title 29, Code of Fed24 eral Regulations (as in effect on the date of 

25 the enactment of this Act); 
382 

•HR 925 EAH 

1 (B) no less protection for novel pathogens 

2 than precautions mandated by standards adopt3 ed by a State plan that has been approved by the 

4 Secretary of Labor under section 18 of the Occu5 pational Safety and Health Act of 1970 (29 

6 U.S.C. 667); 

7 (C) the incorporation, as appropriate, of— 

8 (i) guidelines issued by the Centers for 

9 Disease Control and Prevention, the Na10 tional Institute for Occupational Safety and 

11 Health, and the Occupational Safety and 

12 Health Administration which are designed 

13 to prevent the transmission of infectious 

14 agents in health care or other occupational 

15 settings; and 

16 (ii) relevant scientific research on 

17 novel pathogens; and 

18 (D) a requirement for each employer to— 

19 (i) maintain a COVID–19 employee 

20 infection log, notify its own employees and 

21 report to the appropriate health department 

22 of each confirmed positive COVID–19 diag23 nosis of an employee within 24 hours of the 

24 employer learning of such confirmed posi25 tive diagnosis, whether or not the infection 
383 

•HR 925 EAH 

1 is work-related, consistent with the con2 fidentiality requirements of the Americans 

3 with Disabilities Act of 1990 (42 U.S.C. 

4 12101 et seq.), the HIPAA privacy regula5 tions (defined in section 1180(b)(3) of the 

6 Social Security Act (42 U.S.C. 1320d–9(b)) 

7 and other applicable Federal regulations; 

8 and 

9 (ii) report to the Occupational Safety 

10 and Health Administration any outbreak of 

11 three or more confirmed positive COVID–19 

12 diagnoses that have occurred among em13 ployees present at the place of employment 

14 within a 14-day period, not later than 24 

15 hours after the employer is made aware of 

16 such an outbreak. 

17 (8) INAPPLICABLE PROVISIONS OF LAW AND EX18 ECUTIVE ORDER.—The following provisions of law 

19 and Executive orders shall not be applicable with re20 spect to the standard promulgated under this sub21 section: 

22 (A) The requirements of chapter 6 of title 5, 

23 United States Code (commonly referred to as the 

24 ‘‘Regulatory Flexibility Act’’). 
384 

•HR 925 EAH 

1 (B) Subchapter I of chapter 35 of title 44, 

2 United States Code (commonly referred to as the 

3 ‘‘Paperwork Reduction Act’’). 

4 (C) The Unfunded Mandates Reform Act of 

5 1995 (2 U.S.C. 1501 et seq.). 

6 (D) Executive Order 12866 (58 Fed. Reg. 

7 190; relating to regulatory planning and re8 view), as amended. 

9 (E) Executive Order 13771 (82 Fed. Reg. 

10 9339, relating to reducing regulation and con11 trolling regulatory costs). 

12 (b) PERMANENT STANDARD.—Not later than 24 

13 months after the date of the enactment of this Act, the Sec14 retary of Labor shall, pursuant to section 6 of the Occupa15 tional Safety and Health Act (29 U.S.C. 655), promulgate 

16 a final standard— 

17 (1) to protect employees described in subsection 

18 (a)(1) from occupational exposure to infectious patho19 gens, including novel pathogens; and 

20 (2) that shall be effective and enforceable in the 

21 same manner and to the same extent as a standard 

22 promulgated under section 6(b) of the Occupational 

23 Safety and Health Act of 1970 (29 U.S.C. 655(b)). 

24 (c) ANTI-RETALIATION.— 
385 

•HR 925 EAH 

1 (1) POLICY.—Each standard promulgated under 

2 this section shall require employers to adopt a policy 

3 prohibiting the discrimination and retaliation de4 scribed in paragraph (2) by any person (including an 

5 agent of the employer). 

6 (2) PROHIBITION.—No employer (including an 

7 agent of the employer) shall discriminate or retaliate 

8 against an employee for— 

9 (A) reporting to the employer, to a local, 

10 State, or Federal government agency, or to the 

11 media or on a social media platform— 

12 (i) a violation of a standard promul13 gated pursuant to this Act; 

14 (ii) a violation of an infectious disease 

15 exposure control plan described in sub16 section (c)(1); or 

17 (iii) a good faith concern about a 

18 workplace infectious disease hazard; 

19 (B) seeking assistance or intervention from 

20 the employer or a local, State, or Federal govern21 ment agency with respect to such a report; 

22 (C) voluntary use of personal protective 

23 equipment with a higher level of protection than 

24 is provided by the employer; or 
386 

•HR 925 EAH 

1 (D) exercising any other right under the Oc2 cupational Safety and Health Act of 1970 (29 

3 U.S.C. 651 et seq.). 

4 (3) ENFORCEMENT.—This subsection shall be en5 forced in the same manner and to the same extent as 

6 any standard promulgated under section 6(b) of the 

7 Occupational Safety and Health Act of 1970 (29 

8 U.S.C. 655(b)). 

9 (d) EFFECT ON OTHER LAWS, REGULATIONS, OR OR10 DERS.— 

11 (1) IN GENERAL.—Nothing in this Act shall be 

12 construed to— 

13 (A) curtail or limit authority of the Sec14 retary under any other provision of law; or 

15 (B) preempt the application of any other 

16 statute, regulation, or order of any State or local 

17 government related to SARS–CoV–2 in the work18 place except to the extent that such provisions 

19 are inconsistent with this Act, or a standard 

20 promulgated pursuant to this Act, and in such 

21 case only to the extent of the inconsistency. 

22 (2) EQUAL OR GREATER PROTECTION.—A provi23 sion of law, regulation, or order of a State or local 

24 government shall not be considered inconsistent with 

25 this Act or standard promulgated under this Act 
387 

•HR 925 EAH 

1 under paragraph (1)(B) if such provision provides 

2 equal or greater health or safety protection to an em3 ployee than the protection provided under this Act, an 

4 Emergency Temporary Standard, or a final standard 

5 promulgated under this Act. 

6 SEC. 203. REPORTING, TRACKING, INVESTIGATION AND 

7 SURVEILLANCE OF COVID–19 INFECTIONS 

8 AND OUTBREAKS. 

9 The Director of the Centers for Disease Control and 

10 Prevention, in conjunction with the Director of the National 

11 Institute for Occupational Safety and Health, in coopera12 tion with State and territorial health departments, shall— 

13 (1) collect and analyze case reports, including 

14 information on the work status, occupation, and in15 dustry classification of an individual, and other data 

16 on COVID–19, to identify and evaluate the extent, 

17 nature, and source of COVID–19 among employees 

18 described in section (a)(1); 

19 (2) compile data and statistics on COVID–19 

20 among such employees and provide to the public peri21 odic reports on such data and statistics; and 

22 (3) based on such reports, make recommenda23 tions on needed actions or guidance to protect such 

24 employees. 
388 

•HR 925 EAH 

1 TITLE III—COVID–19 PROTEC2 TIONS UNDER LONGSHORE 

3 AND HARBOR WORKERS’ COM4 PENSATION ACT 

5 SEC. 301. COMPENSATION PURSUANT TO THE LONGSHORE 

6 AND HARBOR WORKERS’ COMPENSATION 

7 ACT. 

8 (a) ENTITLEMENT TO COMPENSATION.— 

9 (1) IN GENERAL.—A covered employee who re10 ceives a diagnosis or is subject to an order described 

11 in paragraph (2)(B) and who provides notice of or 

12 files a claim relating to such diagnosis or order under 

13 section 12 or 13 of the Longshore and Harbor Work14 ers’ Compensation Act (33 U.S.C. 912, 913), respec15 tively, shall— 

16 (A) be deemed to have an injury arising out 

17 of or in the course of employment for which com18 pensation is payable under the Longshore and 

19 Harbor Workers’ Compensation Act (33 U.S.C. 

20 901 et seq.); and 

21 (B) be paid the compensation to which the 

22 employee is entitled under such Act (33 U.S.C. 

23 901 et seq.). 

24 (2) COVERED EMPLOYEE.—In this section, the 

25 term ‘‘covered employee’’ means an employee who— 
389 

•HR 925 EAH 

1 (A) at any time during the period begin2 ning on January 27, 2020, and ending on Janu3 ary 27, 2022, was engaged in maritime employ4 ment; and 

5 (B) was— 

6 (i) at any time during the period be7 ginning on January 27, 2020, and ending 

8 on February 27, 2022, diagnosed with 

9 COVID–19; or 

10 (ii) at any time during the period de11 scribed in subparagraph (A), ordered not to 

12 return to work by the employee’s employer 

13 or by a local, State, or Federal agency be14 cause of exposure, or the risk of exposure, to 

15 1 or more individuals diagnosed with 

16 COVID–19 in the workplace. 

17 (b) REIMBURSEMENT.— 

18 (1) IN GENERAL.— 

19 (A) ENTITLEMENT.—Subject to subpara20 graph (B), an employer of a covered employee or 

21 the employer’s carrier shall be entitled to reim22 bursement for any compensation paid with re23 spect to a notice or claim described in subsection 

24 (a), including disability benefits, funeral and 

25 burial expenses, medical or other related costs for 
390 

•HR 925 EAH 

1 treatment and care, and reasonable and nec2 essary allocated claims expenses. 

3 (B) SAFETY AND HEALTH REQUIRE4 MENTS.—To be entitled to reimbursement under 

5 subparagraph (A)— 

6 (i) an employer shall be in compliance 

7 with all applicable safety and health guide8 lines and standards that are related to the 

9 prevention of occupational exposure to the 

10 novel coronavirus that causes COVID–19, 

11 including such guidelines and standards 

12 issued by the Occupational Safety and 

13 Health Administration, State plans ap14 proved under section 18 of the Occupational 

15 Safety and Health Act of 1970 (29 U.S.C. 

16 667), the Coast Guard, and Federal, State 

17 or local public health authorities; and 

18 (ii) a carrier— 

19 (I) shall be a carrier for an em20 ployer that is in compliance with 

21 clause (i); and 

22 (II) shall not adjust the experience 

23 rating or the annual premium of the 

24 employer based upon the compensation 

25 paid by the carrier with respect to a 
391 

•HR 925 EAH 

1 notice or claim described in subpara2 graph (A). 

3 (2) REIMBURSEMENT PROCEDURES.—To receive 

4 reimbursement under paragraph (1)— 

5 (A) a claim for such reimbursement shall be 

6 submitted to the Secretary of Labor— 

7 (i) not later than one year after the 

8 final payment of compensation to a covered 

9 employee pursuant to this section; and 

10 (ii) in the same manner as a claim for 

11 reimbursement is submitted in accordance 

12 with part 61 of title 20, Code of Federal 

13 Regulations (as in effect on the date of the 

14 enactment of this Act); and 

15 (B) an employer and the employer’s carrier 

16 shall make, keep, and preserve such records, 

17 make such reports, and provide such informa18 tion, as the Secretary of Labor determines nec19 essary or appropriate to carry out this section. 

20 (c) SPECIAL FUND.— 

21 (1) IN GENERAL.—A reimbursement under para22 graph (1) shall be paid out of the special fund estab23 lished in section 44 of Longshore and Harbor Work24 ers’ Compensation Act (33 U.S.C. 944). 
392 

•HR 925 EAH 

1 (2) FUNDING.—There are authorized to be ap2 propriated, and there are appropriated, such funds as 

3 may be necessary to reimburse the special fund de4 scribed in paragraph (1) for each reimbursement paid 

5 out of such fund under paragraph (1). 

6 (d) REPORT.—Not later than 60 days after the end of 

7 fiscal year 2020, 2021, and 2022, the Secretary of Labor 

8 shall submit to the Committee on Education and Labor of 

9 the House of Representatives and the Committee on Health, 

10 Education, Labor and Pensions of the Senate, an annual 

11 report enumerating— 

12 (1) the number of claims filed pursuant to sec13 tion (a)(1); 

14 (2) of such filed claims— 

15 (A) the number and types of claims ap16 proved under section 13 of the Longshore and 

17 Harbor Workers’ Compensation Act (33 U.S.C. 

18 913); 

19 (B) the number and types of claims denied 

20 under such section; 

21 (C) the number and types of claims pending 

22 under such section; and 

23 (3) the amounts and the number of claims for re24 imbursement paid out of the special fund under sub-
393 

•HR 925 EAH 

1 section (c)(1) for the fiscal year for which the report 

2 is being submitted. 

3 (e) REGULATIONS.—The Secretary of Labor may pro4 mulgate such regulations as may be necessary to carry out 

5 this section. 

6 (f) DEFINITIONS.—In this section: 

7 (1) LHWCA TERMS.—The terms ‘‘carrier’’, 

8 ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 

9 the meanings given the terms in section 2 of the 

10 Longshore and Harbor Workers’ Compensation Act 

11 (33 U.S.C. 902). 

12 (2) NOVEL CORONAVIRUS.—The term ‘‘novel 

13 coronavirus’’ means SARS–CoV–2. 

14 TITLE IV—WORKER’S COMPENSA15 TION FOR FEDERAL AND 

16 POSTAL EMPLOYEES DIAG17 NOSED WITH COVID–19 

18 SEC. 401. PRESUMPTION OF ELIGIBILITY FOR WORKERS’ 

19 COMPENSATION BENEFITS FOR FEDERAL EM20 PLOYEES DIAGNOSED WITH COVID–19. 

21 (a) IN GENERAL.—An employee who is diagnosed with 

22 COVID–19 during the period described in subsection 

23 (b)(2)(A) shall, with respect to any claim made by or on 

24 behalf of the employee for benefits under subchapter I of 

25 chapter 81 of title 5, United States Code, be deemed to have 
394 

•HR 925 EAH 

1 an injury proximately caused by exposure to coronavirus 

2 arising out of the nature of the employee’s employment and 

3 be presumptively entitled to such benefits, including dis4 ability compensation, medical services, and survivor bene5 fits. 

6 (b) DEFINITIONS.—In this section— 

7 (1) the term ‘‘coronavirus’’ means SARS– CoV– 

8 2 or another coronavirus with pandemic potential; 

9 and 

10 (2) the term ‘‘employee’’— 

11 (A) means an employee as that term is de12 fined in section 8101(1) of title 5, United States 

13 Code, (including an employee of the United 

14 States Postal Service, the Transportation Secu15 rity Administration, or the Department of Vet16 erans Affairs, including any individual ap17 pointed under chapter 73 or 74 of title 38, 

18 United States Code) employed in the Federal 

19 service at anytime during the period beginning 

20 on January 27, 2020, and ending on January 

21 30, 2022— 

22 (i) who carried out duties requiring 

23 contact with patients, members of the pub24 lic, or co-workers; or 
395 

•HR 925 EAH 

1 (ii) whose duties include a risk of ex2 posure to the coronavirus; and 

3 (B) does not include any employee otherwise 

4 covered by subparagraph (A) who is teleworking 

5 on a full-time basis in the period described in 

6 such subparagraph prior to a diagnosis with 

7 COVID–19. 

8 TITLE V—COVID–19 WORKFORCE 

9 DEVELOPMENT RESPONSE 

10 ACTIVITIES 

11 SEC. 501. DEFINITIONS. 

12 (a) IN GENERAL.—Except as otherwise provided, the 

13 terms in this title have the meanings given the terms in 

14 section 3 of the Workforce Innovation and Opportunity Act 

15 (29 U.S.C. 3102). 

16 (b) CORONAVIRUS.—The term ‘‘coronavirus’’ means 

17 coronavirus as defined in section 506 of the Coronavirus 

18 Preparedness and Response Supplemental Appropriations 

19 Act, 2020 (Public Law 116–123). 

20 (c) COVID–19 NATIONAL EMERGENCY.—The term 

21 ‘‘COVID–19 national emergency’’ means the national emer22 gency declared by the President under the National Emer23 gencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, 

24 with respect to the coronavirus. 
396 

•HR 925 EAH 

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

2 Secretary of Labor. 

3 SEC. 502. JOB CORPS RESPONSE TO THE COVID–19 NA4 TIONAL EMERGENCY. 

5 In order to provide for the successful continuity of serv6 ices and enrollment periods during the COVID–19 national 

7 emergency, additional flexibility shall be provided for Job 

8 Corps operators, providers of eligible activities, and practi9 tioners, including the following: 

10 (1) ELIGIBILITY.—Notwithstanding the age re11 quirements for enrollment under section 144(a)(1) of 

12 the Workforce Innovation and Opportunity Act (29 

13 U.S.C. 3194(a)(1)), an individual seeking to enroll in 

14 Job Corps and who turns 25 during the COVID–19 

15 national emergency is eligible for such enrollment 

16 during or up to one year after the end of the quali17 fying emergency. 

18 (2) ENROLLMENT LENGTH.—Notwithstanding 

19 section 146(b) of the Workforce Innovation and Op20 portunity Act (29 U.S.C. 3196(b)), an individual en21 rolled in Job Corps during the COVID–19 national 

22 emergency may extend their period of enrollment for 

23 more than 2 years as long as such extension does not 

24 exceed a 2-year, continuous period of enrollment after 

25 the COVID–19 national emergency. 
397 

•HR 925 EAH 

1 (3) ADVANCED CAREER TRAINING PROGRAMS.— 

2 Notwithstanding paragraph (2), with respect to ad3 vanced career training programs under section 148(c) 

4 of the Workforce Innovation and Opportunity Act (29 

5 U.S.C. 3198(c)) in which the enrollees may continue 

6 to participate for a period not to exceed 1 year in ad7 dition to the period of participation to which the en8 rollees would otherwise be limited, the COVID–19 na9 tional emergency shall not be considered as any por10 tion of such additional 1-year participation period. 

11 (4) COUNSELING, JOB PLACEMENT, AND ASSESS12 MENT.—The counseling, job placement, and assess13 ment services described in section 149 of the Work14 force Innovation and Opportunity Act (29 U.S.C. 

15 3199) shall be available to former enrollees— 

16 (A) whose enrollment was interrupted due 

17 to the COVID–19 national emergency; 

18 (B) who graduated from Job Corps on or 

19 after January 1, 2020; or 

20 (C) who graduated from Job Corps not later 

21 than 3 months after the COVID–19 national 

22 emergency. 

23 (5) SUPPORT.—The Secretary shall provide ad24 ditional support for the transition periods described 

25 in section 150 of the Workforce Innovation and Op-
398 

•HR 925 EAH 

1 portunity Act (29 U.S.C. 3200), including the fol2 lowing: 

3 (A) TRANSITION ALLOWANCES.—The Sec4 retary shall provide, subject to the availability of 

5 appropriations, for the provision of additional 

6 transition allowances as described in subsection 

7 (b) of such section for Job Corps students who 

8 graduate during the periods described in sub9 paragraph (B) or (C) of paragraph (4). 

10 (B) TRANSITION SUPPORT.—The Secretary 

11 shall consider the period during the COVID–19 

12 national emergency and the three month period 

13 following the conclusion of the COVID–19 na14 tional emergency as the period in which the pro15 vision of employment services as described in 

16 subsection (c) of such section shall be provided to 

17 graduates who have graduated in 2020. 

18 (6) ENROLLMENT ELIGIBILITY.—The require19 ments described in sections 145(a)(2)(A) and 

20 152(b)(2)(B) of the Workforce Innovation and Oppor21 tunity Act (29 U.S.C. 3195(a)(2)(A) and 29 U.S.C. 

22 3202(b)(2)(B)) shall be applicable only for students 

23 participating onsite or once returning to onsite after 

24 participating in distance learning. 
399 

•HR 925 EAH 

1 (7) EFFECTIVELY SUPPORTING DISTANCE LEARN2 ING.—The Secretary shall take such steps necessary to 

3 modify the agreements required by Sec. 147(a) of the 

4 Workforce Innovation and Opportunity Act (29 

5 U.S.C. 3197(a)(1)) to enable operators and service 

6 providers to purchase, within the limitations of the 

7 contract values or established annual budgets for Job 

8 Corps Centers, any equipment, supplies, and services 

9 that the operators or service providers determine are 

10 necessary to facilitate effective virtual learning and to 

11 protect the health of students and staff on-center dur12 ing the COVID–19 national emergency, including dis13 tance learning technology for students and COVID–19 

14 testing, and shall allow students to retain permanent 

15 possession of such equipment and technology without 

16 financial penalty regardless of their enrollment sta17 tus. 

18 SEC. 503. MIGRANT AND SEASONAL FARMWORKER PRO19 GRAM RESPONSE. 

20 During the COVID–19 national emergency, for the 

21 purposes of section 167(i)(3)(A) of the Workforce Innovation 

22 and Opportunity Act (29 U.S.C. 3222(i)(3)(A)), the term 

23 ‘‘low income individual’’ shall include an individual with 

24 a total family income equal to or less than 150 percent of 

25 the poverty line. 
400 

•HR 925 EAH 

1 SEC. 504. YOUTHBUILD ACTIVITIES RESPONDING TO THE 

2 COVID–19 NATIONAL EMERGENCY. 

3 During the COVID–19 national emergency, the Sec4 retary shall provide for flexibility for YouthBuild partici5 pants and entities carrying out YouthBuild programs, in6 cluding the following: 

7 (1) ELIGIBILITY.—Notwithstanding the age re8 quirements for enrollment under 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 turns 25 during the COVID–19 na13 tional emergency is eligible for such participation. 

14 (2) PARTICIPATION LENGTH.—Notwithstanding 

15 section 171(e)(2) of the Workforce Innovation and Op16 portunity Act (29 U.S.C. 3226(e)(2)), the period of 

17 participation in a YouthBuild program may extend 

18 beyond 24 months for an individual participating in 

19 such program during the COVID–19 national emer20 gency, as long as such extension does not exceed a 24 

21 month, continuous period of enrollment after the 

22 COVID–19 national emergency. 

23 SEC. 505. APPRENTICESHIP SUPPORT DURING THE COVID– 

24 19 NATIONAL EMERGENCY. 

25 Not later than 30 days after the date of the enactment 

26 of this Act, the Secretary shall identify and disseminate 
401 

•HR 925 EAH 

1 strategies and tools to support virtual and online learning 

2 and training in apprenticeship programs. 

3 DIVISION D—HUMAN SERVICES 

4 AND COMMUNITY SUPPORTS 

5 SEC. 100. SHORT TITLE. 

6 This division may be cited as the ‘‘Human Services 

7 and Community Supports Act’’. 

8 TITLE I—STRONGER CHILD 

9 ABUSE PREVENTION AND 

10 TREATMENT 

11 Subtitle A—General Program 

12 SEC. 101. REPEAL OF FINDINGS. 

13 Section 2 of the Child Abuse Prevention and Treat14 ment Act (42 U.S.C. 5101 note) is repealed. 

15 SEC. 102. REPEAL OF ADVISORY BOARD ON CHILD ABUSE 

16 AND NEGLECT. 

17 Section 102 of the Child Abuse Prevention and Treat18 ment Act (42 U.S.C. 5102) is repealed. 

19 SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION 

20 RELATING TO CHILD ABUSE. 

21 Section 103 of the Child Abuse Prevention and Treat22 ment Act (42 U.S.C. 5104) is amended— 

23 (1) in subsection (b)(1), by inserting ‘‘early 

24 learning programs and’’ after ‘‘including’’; 

25 (2) in subsection (c)(1)(C)— 
402 

•HR 925 EAH 

1 (A) in clause (iii), by striking ‘‘and’’ at the 

2 end; 

3 (B) in clause (iv), by adding ‘‘and’’ at the 

4 end; and 

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

6 ‘‘(v) the number of child fatalities and 

7 near fatalities due to maltreatment, as re8 ported by States in accordance with the 

9 uniform standards established pursuant to 

10 subsection (d), and any other relevant infor11 mation related to such fatalities;’’; and 

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

13 ‘‘(d) UNIFORM STANDARDS FOR TRACKING AND RE14 PORTING OF CHILD FATALITIES RESULTING FROM MAL15 TREATMENT.— 

16 ‘‘(1) REGULATIONS REQUIRED.—Not later than 

17 24 months after the date of the enactment of the 

18 Human Services and Community Supports Act, the 

19 Secretary shall develop and issue final regulations es20 tablishing uniform standards for the tracking and re21 porting of child fatalities and near-fatalities resulting 

22 from maltreatment. As a condition on eligibility for 

23 receipt of funds under section 106, the standards es24 tablished under this paragraph shall be used by 
403 

•HR 925 EAH 

1 States for the tracking and reporting of such fatalities 

2 under subsection (d) of such section. 

3 ‘‘(2) MAINTENANCE OF STATE LAW.—Notwith4 standing the uniform standards developed under 

5 paragraph (1), a State that defines or describes such 

6 fatalities for any purpose other than tracking and re7 porting under this subsection may continue to use 

8 that definition or description for such purpose. 

9 ‘‘(3) NEGOTIATED RULEMAKING.—In developing 

10 regulations under paragraph (1), the Secretary shall 

11 submit such regulations to a negotiated rulemaking 

12 process, which shall include the participants described 

13 in paragraph (4). 

14 ‘‘(4) PARTICIPANTS DESCRIBED.—The partici15 pants described in this paragraph are— 

16 ‘‘(A) State and county officials responsible 

17 for administering the State plans under this Act 

18 and parts B and E of title IV of the Social Secu19 rity Act (42 U.S.C. 621 et seq., 670 et seq.); 

20 ‘‘(B) child welfare professionals with field 

21 experience; 

22 ‘‘(C) child welfare researchers; 

23 ‘‘(D) domestic violence researchers; 

24 ‘‘(E) domestic violence professionals; 

25 ‘‘(F) child development professionals; 
404 

•HR 925 EAH 

1 ‘‘(G) mental health professionals; 

2 ‘‘(H) pediatric emergency medicine physi3 cians; 

4 ‘‘(I) child abuse pediatricians, as certified 

5 by the American Board of Pediatrics, who spe6 cialize in treating victims of child abuse; 

7 ‘‘(J) forensic pathologists; 

8 ‘‘(K) public health administrators; 

9 ‘‘(L) public health researchers; 

10 ‘‘(M) law enforcement; 

11 ‘‘(N) family court judges; 

12 ‘‘(O) prosecutors; 

13 ‘‘(P) medical examiners and coroners; 

14 ‘‘(Q) a representative from the National 

15 Center for Fatality Review and Prevention; and 

16 ‘‘(R) such other individuals and entities as 

17 the Secretary determines to be appropriate.’’. 

18 SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES. 

19 Section 104 of the Child Abuse Prevention and Treat20 ment Act (42 U.S.C. 5105) is amended— 

21 (1) in subsection (a)— 

22 (A) by amending paragraph (1) to read as 

23 follows: 

24 ‘‘(1) TOPICS.—The Secretary shall, in consulta25 tion with other Federal agencies and recognized ex-
405 

•HR 925 EAH 

1 perts in the field, carry out a continuing inter2 disciplinary program of research, including longitu3 dinal research, that is designed to provide informa4 tion needed to improve primary prevention of child 

5 abuse and neglect, better protect children from child 

6 abuse or neglect, and improve the well-being of vic7 tims of child abuse or neglect, with at least a portion 

8 of such research being field initiated. Such research 

9 program may focus on— 

10 ‘‘(A) disseminating evidence-based treat11 ment directed to individuals and families experi12 encing trauma due to child abuse and neglect, 

13 including efforts to improve the scalability of the 

14 treatments and programs being researched; 

15 ‘‘(B) developing a set of evidence-based ap16 proaches to support child and family well-being 

17 and developing ways to identify, relieve, and 

18 mitigate stressors affecting families in rural, 

19 urban, and suburban communities; 

20 ‘‘(C) establishing methods to promote racial 

21 equity in the child welfare system, including a 

22 focus on how neglect is defined, how services are 

23 provided, and the unique impact on Native 

24 American, Alaska Native, and Native Hawaiian 

25 communities; 
406 

•HR 925 EAH 

1 ‘‘(D) improving service delivery or outcomes 

2 for child welfare service agencies engaged with 

3 families experiencing domestic violence, sub4 stance use disorder, or other complex needs; 

5 ‘‘(E) the extent to which the number of un6 substantiated, unfounded, and false reported 

7 cases of child abuse or neglect have contributed 

8 to the inability of a State to respond effectively 

9 to serious cases of child abuse or neglect; 

10 ‘‘(F) the extent to which the lack of ade11 quate resources and the lack of adequate profes12 sional development of individuals required by 

13 law to report suspected cases of child abuse and 

14 neglect have contributed to the inability of a 

15 State to respond effectively to serious cases of 

16 child abuse and neglect; 

17 ‘‘(G) the extent to which unsubstantiated re18 ports return as more serious cases of child abuse 

19 or neglect; 

20 ‘‘(H) the incidence and outcomes of child 

21 abuse and neglect allegations reported within the 

22 context of divorce, custody, or other family court 

23 proceedings, and the interaction between family 

24 courts and the child protective services system; 
407 

•HR 925 EAH 

1 ‘‘(I) the information on the national inci2 dence of child abuse and neglect specified in 

3 clauses (i) through (xi) of subparagraph (J); and 

4 ‘‘(J) the national incidence of child abuse 

5 and neglect, including— 

6 ‘‘(i) the extent to which incidents of 

7 child abuse and neglect are increasing or 

8 decreasing in number and severity; 

9 ‘‘(ii) the incidence of substantiated and 

10 unsubstantiated reported child abuse and 

11 neglect cases; 

12 ‘‘(iii) the number of substantiated cases 

13 that result in a judicial finding of child 

14 abuse or neglect or related criminal court 

15 convictions; 

16 ‘‘(iv) the extent to which the number of 

17 unsubstantiated, unfounded and false re18 ported cases of child abuse or neglect have 

19 contributed to the inability of a State to re20 spond effectively to serious cases of child 

21 abuse or neglect; 

22 ‘‘(v) the extent to which the lack of ade23 quate resources and the lack of adequate 

24 education of individuals required by law to 

25 report suspected cases of child abuse and ne-
408 

•HR 925 EAH 

1 glect have contributed to the inability of a 

2 State to respond effectively to serious cases 

3 of child abuse and neglect; 

4 ‘‘(vi) the number of unsubstantiated, 

5 false, or unfounded reports that have re6 sulted in a child being placed in substitute 

7 care, and the duration of such placement; 

8 ‘‘(vii) the extent to which unsubstan9 tiated reports return as more serious cases 

10 of child abuse or neglect; 

11 ‘‘(viii) the incidence and prevalence of 

12 physical, sexual, and emotional abuse and 

13 physical and emotional neglect in substitute 

14 care; 

15 ‘‘(ix) the incidence and prevalence of 

16 child maltreatment by a wide array of de17 mographic characteristics such as age, sex, 

18 race, family structure, household relation19 ship (including the living arrangement of 

20 the resident parent and family size), school 

21 enrollment and education attainment, dis22 ability, grandparents as caregivers, labor 

23 force status, work status in previous year, 

24 and income in previous year; 
409 

•HR 925 EAH 

1 ‘‘(x) the extent to which reports of sus2 pected or known instances of child abuse or 

3 neglect involving a potential combination of 

4 jurisdictions, such as intrastate, interstate, 

5 Federal-State, and State-Tribal, are being 

6 screened out solely on the basis of the cross7 jurisdictional complications; and 

8 ‘‘(xi) the incidence and outcomes of 

9 child abuse and neglect allegations reported 

10 within the context of divorce, custody, or 

11 other family court proceedings, and the 

12 interaction between family courts and the 

13 child protective services system.’’; 

14 (B) in paragraph (2), by striking ‘‘para15 graph (1)(O)’’ and inserting ‘‘paragraph (1)(J)’’; 

16 (C) by amending paragraph (3) to read as 

17 follows: 

18 ‘‘(3) REPORTING REQUIREMENTS.— 

19 ‘‘(A) IN GENERAL.—Not later than 4 years 

20 after the date of the enactment of the Human 

21 Services and Community Supports Act, the Sec22 retary shall prepare and submit to the Com23 mittee on Education and Labor of the House of 

24 Representatives and the Committee on Health, 

25 Education, Labor and Pensions of the Senate a 
410 

•HR 925 EAH 

1 report that contains the results of the research 

2 conducted under paragraph (2). 

3 ‘‘(B) NATIONAL INCIDENCE.—The Secretary 

4 shall ensure that research conducted, and data 

5 collected, under paragraph (1)(J) are reported in 

6 a way that will allow longitudinal comparisons 

7 as well as comparisons to the national incidence 

8 studies conducted under this title.’’; and 

9 (D) by striking the second paragraph (4); 

10 (2) in subsection (b), by amending paragraph 

11 (2) to read as follows: 

12 ‘‘(2) AREAS OF EMPHASIS.—Such technical as13 sistance— 

14 ‘‘(A) shall focus on— 

15 ‘‘(i) implementing strategies that can 

16 leverage existing community-based and 

17 State funded resources to prevent child 

18 abuse and neglect and providing education 

19 for individuals involved in prevention ac20 tivities; 

21 ‘‘(ii) reducing racial bias in child wel22 fare systems, including how such systems 

23 interact with health, law enforcement, and 

24 education systems; 
411 

•HR 925 EAH 

1 ‘‘(iii) promoting best practices for fam2 ilies experiencing domestic violence, sub3 stance use disorder, or other complex needs; 

4 and 

5 ‘‘(iv) providing professional develop6 ment and other technical assistance to child 

7 welfare agencies to improve the under8 standing of and to help address the effects 

9 of trauma and adverse childhood experi10 ences in parents and children in contact 

11 with the child welfare system; and 

12 ‘‘(B) may include the identification of— 

13 ‘‘(i) various methods and procedures 

14 for the investigation, assessment, and pros15 ecution of child physical and sexual abuse 

16 cases; 

17 ‘‘(ii) ways to mitigate psychological 

18 trauma to the child victim; 

19 ‘‘(iii) effective programs carried out by 

20 the States under titles I and II; and 

21 ‘‘(iv) effective approaches being utilized 

22 to link child protective service agencies with 

23 health care, mental health care, and devel24 opmental services and early intervention to 

25 improve forensic diagnosis and health eval-
412 

•HR 925 EAH 

1 uations, and barriers and shortages to such 

2 linkages.’’; 

3 (3) in subsection (c), by striking paragraph (3); 

4 and 

5 (4) by striking subsection (e). 

6 SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL 

7 ORGANIZATIONS, AND PUBLIC OR PRIVATE 

8 AGENCIES AND ORGANIZATIONS. 

9 Section 105 of the Child Abuse Prevention and Treat10 ment Act (42 U.S.C. 5106) is amended— 

11 (1) in subsection (a)— 

12 (A) by redesignating paragraph (7) as 

13 paragraph (11); 

14 (B) by striking paragraphs (1) through (6) 

15 and inserting the following: 

16 ‘‘(1) PREVENTION SERVICES.—The Secretary 

17 may award grants under this subsection to entities to 

18 establish or expand prevention services that reduce 

19 incidences of child maltreatment and strengthen fami20 lies. 

21 ‘‘(2) TRAUMATIC STRESS.—The Secretary may 

22 award grants under this subsection to entities to ad23 dress instances of traumatic stress in families due to 

24 child abuse and neglect, especially for families with 
413 

•HR 925 EAH 

1 complex needs or families that exhibit high levels of 

2 adverse childhood experiences. 

3 ‘‘(3) PROMOTING A HIGH-QUALITY WORK4 FORCE.—The Secretary may award grants under this 

5 subsection to entities to carry out programs or strate6 gies that promote a high-quality workforce in the 

7 child welfare system through–— 

8 ‘‘(A) improvements to recruitment, support, 

9 or retention efforts; or 

10 ‘‘(B) education for professionals and para11 professionals in the prevention, identification, 

12 and treatment of child abuse and neglect. 

13 ‘‘(4) IMPROVING COORDINATION.—The Secretary 

14 may award grants under this subsection to entities to 

15 carry out activities to improve intrastate coordina16 tion within the child welfare system. Such activities 

17 may include— 

18 ‘‘(A) aligning information technology sys19 tems; 

20 ‘‘(B) improving information sharing re21 garding child and family referrals; or 

22 ‘‘(C) creating collaborative voluntary part23 nerships among public and private agencies, the 

24 State’s child protective services, local social serv25 ice agencies, community-based family support 
414 

•HR 925 EAH 

1 programs, State and local legal agencies, devel2 opmental disability agencies, substance use dis3 order treatment providers, health care providers 

4 and agencies, domestic violence prevention pro5 grams, mental health services, schools and early 

6 learning providers, religious entities, and other 

7 community-based programs. 

8 ‘‘(5) PRIMARY PREVENTION.—The Secretary may 

9 award grants under this subsection to entities to 

10 carry out or expand primary prevention programs or 

11 strategies that address family or community protec12 tive factors. 

13 ‘‘(6) NEGLECT DUE TO ECONOMIC INSECURITY.— 

14 The Secretary may award grants under this sub15 section to entities to carry out programs or strategies 

16 that reduce findings of child neglect due in full or in 

17 part to family economic insecurity. 

18 ‘‘(7) EDUCATION OF MANDATORY REPORTERS.— 

19 The Secretary may award grants under this sub20 section to entities for projects that involve research21 based strategies for innovative education of mandated 

22 child abuse and neglect reporters, and for victims to 

23 understand mandatory reporting. 

24 ‘‘(8) SENTINEL INJURIES.—The Secretary may 

25 award grants under this subsection to entities to iden-
415 

•HR 925 EAH 

1 tify and test effective practices to improve early detec2 tion and management of injuries indicative of poten3 tial abuse in infants to prevent future cases of child 

4 abuse and related fatalities. 

5 ‘‘(9) INNOVATIVE PARTNERSHIPS.—The Sec6 retary may award grants under this subsection to en7 tities to carry out innovative programs or strategies 

8 to coordinate the delivery of services to help reduce 

9 child abuse and neglect via partnerships among 

10 health, mental health, education (including early 

11 learning and care programs as appropriate), and 

12 child welfare agencies and providers. 

13 ‘‘(10) REDUCING CHILD ABUSE AND NEGLECT

14 DUE TO THE SUBSTANCE USE DISORDER OF A PARENT

15 OR CAREGIVER.—The Secretary may award grants 

16 under this subsection to entities to carry out activities 

17 to reduce child abuse and neglect due to the substance 

18 use disorder of a parent or caregiver.’’; and 

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

20 ‘‘(12) NATIONAL CHILD ABUSE HOTLINE.— 

21 ‘‘(A) IN GENERAL.—The Secretary may 

22 award a grant under this subsection to a non23 profit entity to provide for the ongoing operation 

24 of a 24-hour, national, toll-free telephone hotline 

25 to provide information and assistance to youth 
416 

•HR 925 EAH 

1 victims of child abuse or neglect, parents, care2 givers, mandated reporters, and other concerned 

3 community members, including through alter4 native modalities for communications (such as 

5 texting or chat services) with such victims and 

6 other information seekers. 

7 ‘‘(B) PRIORITY.—In awarding grants de8 scribed in this paragraph, the Secretary shall 

9 give priority to applicants with experience in 

10 operating a hotline that provides assistance to 

11 victims of child abuse, parents, caregivers, and 

12 mandated reporters. 

13 ‘‘(C) APPLICATION.—To be eligible to re14 ceive a grant described in this paragraph, a non15 profit entity shall submit an application to the 

16 Secretary that shall— 

17 ‘‘(i) contain such assurances and infor18 mation, be in such form, and be submitted 

19 in such manner, as the Secretary shall pre20 scribe; 

21 ‘‘(ii) include a complete description of 

22 the entity’s plan for the operation of a na23 tional child abuse hotline, including de24 scriptions of— 
417 

•HR 925 EAH 

1 ‘‘(I) the professional development 

2 program for hotline personnel, includ3 ing technology professional develop4 ment to ensure that all persons affili5 ated with the hotline are able to effec6 tively operate any technological sys7 tems used by the hotline; 

8 ‘‘(II) the qualifications for hotline 

9 personnel; 

10 ‘‘(III) the methods for the cre11 ation, maintenance, and updating of a 

12 comprehensive list of prevention and 

13 treatment service providers; 

14 ‘‘(IV) a plan for publicizing the 

15 availability of the hotline throughout 

16 the United States; 

17 ‘‘(V) a plan for providing service 

18 to non-English speaking callers, in19 cluding service through hotline per20 sonnel who have non-English language 

21 capability; 

22 ‘‘(VI) a plan for facilitating ac23 cess to the hotline and alternative mo24 dality services by persons with hearing 

25 impairments and disabilities; 
418 

•HR 925 EAH 

1 ‘‘(VII) a plan for providing crisis 

2 counseling, general assistance, and re3 ferrals to youth victims of child abuse; 

4 and 

5 ‘‘(VIII) a plan to offer alternative 

6 services to calling, such as texting or 

7 live chat; 

8 ‘‘(iii) demonstrate that the entity has 

9 the capacity and the expertise to maintain 

10 a child abuse hotline and a comprehensive 

11 list of service providers; 

12 ‘‘(iv) demonstrate the ability to provide 

13 information and referrals for contacts, di14 rectly connect contacts to service providers, 

15 and employ crisis interventions; 

16 ‘‘(v) demonstrate that the entity has a 

17 commitment to providing services to indi18 viduals in need; and 

19 ‘‘(vi) demonstrate that the entity com20 plies with State privacy laws and has es21 tablished quality assurance practices.’’; and 

22 (2) by striking subsections (b) and (c) and in23 serting the following: 
419 

•HR 925 EAH 

1 ‘‘(b) GOALS AND PERFORMANCE.—The Secretary shall 

2 ensure that each entity receiving a grant under this sec3 tion— 

4 ‘‘(1) establishes quantifiable goals for the out5 come of the project funded with the grant; and 

6 ‘‘(2) adequately measures the performance of the 

7 project relative to such goals. 

8 ‘‘(c) PERFORMANCE REPORT REQUIRED.— 

9 ‘‘(1) IN GENERAL.—Each entity that receives a 

10 grant under this section shall submit to the Secretary 

11 a performance report that includes— 

12 ‘‘(A) an evaluation of the effectiveness of the 

13 project funded with the grant relative to the 

14 goals established for such project under sub15 section (b)(1); and 

16 ‘‘(B) data supporting such evaluation. 

17 ‘‘(2) SUBMISSION.—The report under paragraph 

18 (1) shall be submitted to the Secretary at such time, 

19 in such manner, and containing such information as 

20 the Secretary may require. 

21 ‘‘(d) CONTINUING GRANTS.—The Secretary may only 

22 award a continuing grant to an entity under this section 

23 if such entity submits a performance report required under 

24 subsection (c) that demonstrates effectiveness of the project 

25 funded.’’. 
420 

•HR 925 EAH 

1 SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NE2 GLECT PREVENTION AND TREATMENT PRO3 GRAMS. 

4 (a) DEVELOPMENT AND OPERATION GRANTS.—Sub5 section (a) of section 106 of the Child Abuse Prevention and 

6 Treatment Act (42 U.S.C. 5106a) is amended to read as 

7 follows: 

8 ‘‘(a) DEVELOPMENT AND OPERATION GRANTS.—The 

9 Secretary shall make grants to the States, from allotments 

10 under subsection (f) for each State that applies for a grant 

11 under this section, for purposes of assisting the States in 

12 improving and implementing a child protective services sys13 tem that is family-centered, integrates community services, 

14 and is capable of providing rapid response to high-risk 

15 cases, by carrying out the following: 

16 ‘‘(1) Conducting the intake, assessment, screen17 ing, and investigation of reports of child abuse or ne18 glect. 

19 ‘‘(2) Ensuring that reports concerning a child’s 

20 living arrangements or subsistence needs are ad21 dressed through services or benefits and that no child 

22 is separated from such child’s parent for reasons of 

23 poverty. 

24 ‘‘(3) Creating and improving the use of multi25 disciplinary teams and interagency, intra-agency, 

26 interstate, and intrastate protocols to enhance fair in-
421 

•HR 925 EAH 

1 vestigations; and improving legal preparation and 

2 representation. 

3 ‘‘(4) Complying with the assurances in section 

4 106(b)(2). 

5 ‘‘(5) Establishing State and local networks of 

6 child and family service providers that support child 

7 and family well-being, which shall— 

8 ‘‘(A) include child protective services, as 

9 well as agencies and service providers, that ad10 dress family-strengthening, parenting skills, 

11 child development, early childhood care and 

12 learning, child advocacy, public health, mental 

13 health, substance use disorder treatment, domes14 tic violence, developmental disabilities, housing, 

15 juvenile justice, elementary and secondary edu16 cation, and child placement; and 

17 ‘‘(B) address instances of child abuse and 

18 neglect by incorporating evaluations that assess 

19 the development of a child, including language 

20 and communication, cognitive, physical, and so21 cial and emotional development, the need for 

22 mental health services, including trauma-related 

23 services, trauma-informed care, and parental 

24 needs. 
422 

•HR 925 EAH 

1 ‘‘(6) Ensuring child protective services is ad2 dressing the safety of children and responding to par3 ent and family needs, which shall include— 

4 ‘‘(A) family-oriented efforts that emphasize 

5 case assessment and follow up casework focused 

6 on child safety and child and parent well-being, 

7 which may include— 

8 ‘‘(i) ensuring parents and children un9 dergo physical and mental health assess10 ments, as appropriate, and ongoing develop11 mental monitoring; 

12 ‘‘(ii) multidisciplinary approaches to 

13 assessing family needs and connecting the 

14 family with services, including prevention 

15 services under section 471 of the Social Se16 curity Act (42 U.S.C. 671); 

17 ‘‘(iii) organizing a treatment team 

18 with the goal of preventing child abuse and 

19 neglect, and improving parent and child 

20 well-being; 

21 ‘‘(iv) case monitoring that supports 

22 child well-being; and 

23 ‘‘(v) differential response efforts; and 

24 ‘‘(B) establishing and maintaining a rapid 

25 response system that responds promptly to all re-
423 

•HR 925 EAH 

1 ports of child abuse or neglect, with special at2 tention to cases involving children under 3 years 

3 of age. 

4 ‘‘(7) Educating caseworkers, community service 

5 providers, attorneys, health care professionals, par6 ents, and others engaged in the prevention, interven7 tion, and treatment of child abuse and neglect, which 

8 shall include education on— 

9 ‘‘(A) practices that help ensure child safety 

10 and well-being; 

11 ‘‘(B) approaches to family-oriented preven12 tion, intervention, and treatment of child abuse 

13 and neglect; 

14 ‘‘(C) early childhood, child, and adolescent 

15 development, and the impact of adverse child16 hood experiences on such development; 

17 ‘‘(D) the relationship between child abuse 

18 and domestic violence, and support for non-abus19 ing parents; 

20 ‘‘(E) strategies to work with families im21 pacted by substance use disorder and mental 

22 health issues (and, when appropriate, be coordi23 nated with prevention efforts funded under sec24 tion 471 of the Social Security Act (42 U.S.C. 

25 671)); 
424 

•HR 925 EAH 

1 ‘‘(F) effective use of multiple services to ad2 dress family and child needs, including needs re3 sulting from trauma; 

4 ‘‘(G) efforts to improve family and child 

5 well-being; 

6 ‘‘(H) support for child welfare workers af7 fected by secondary trauma; and 

8 ‘‘(I) supporting families and caregivers to 

9 combat and prevent unsubstantiated, unfounded, 

10 or false reports, including through education on 

11 the rights of families and caregivers. 

12 ‘‘(8) Creating or improving data systems that 

13 allow for— 

14 ‘‘(A) the identification of cases requiring 

15 prompt responses; 

16 ‘‘(B) real-time case monitoring that tracks 

17 assessments, service referrals, follow-up, case re18 views, and progress toward parent and child 

19 goals; and 

20 ‘‘(C) sharing basic identifying data with 

21 law enforcement, as necessary. 

22 ‘‘(9) Improving the general child protective sys23 tem by developing, improving, and implementing 

24 safety assessment tools, providing that such tools, pro25 tocols, and systems shall not authorize the separation 
425 

•HR 925 EAH 

1 of any child from the legal parent or guardian of such 

2 child solely on the basis of poverty, or without a judi3 cial order, except in the case of imminent harm.’’. 

4 (b) ELIGIBILITY REQUIREMENTS.— 

5 (1) STATE PLAN.—Paragraph (1) of section 

6 106(b) of the Child Abuse Prevention and Treatment 

7 Act (42 U.S.C. 5106a(b)) is amended to read as fol8 lows: 

9 ‘‘(1) STATE PLAN.— 

10 ‘‘(A) IN GENERAL.—To be eligible to receive 

11 a grant under this section, a State shall submit 

12 to the Secretary a State plan that— 

13 ‘‘(i) specifies how the grant will be 

14 used, and the State’s strategic plan, to treat 

15 child abuse and neglect and enhance com16 munity-based, prevention-centered ap17 proaches that attempt to prevent child abuse 

18 and neglect while strengthening and sup19 porting families whenever possible; and 

20 ‘‘(ii) meets the requirements of this 

21 subsection. 

22 ‘‘(B) COORDINATION AND CONSULTATION.— 

23 ‘‘(i) COORDINATION.—Each State, to 

24 the maximum extent practicable, shall co25 ordinate its State plan under this sub-
426 

•HR 925 EAH 

1 section with its State plan under part B of 

2 title IV of the Social Security Act (42 

3 U.S.C. 621 et seq.) relating to child and 

4 family services and, in States electing to 

5 provide services under part E of title IV of 

6 the Social Security Act (42 U.S.C. 670 et 

7 seq.) relating to foster care prevention serv8 ices, its State plan under such part E. 

9 ‘‘(ii) CONSULTATION.—In developing a 

10 State plan under this subsection, a State 

11 shall consult with community-based preven12 tion and service agencies, parents and fami13 lies affected by child abuse or neglect in the 

14 State, law enforcement, family court judges, 

15 prosecutors who handle criminal child abuse 

16 cases, and medical professionals engaged in 

17 the treatment of child abuse and neglect. 

18 ‘‘(C) DURATION AND SUBMISSION OF

19 PLAN.—Each State plan shall— 

20 ‘‘(i) be submitted not less than every 5 

21 years; and 

22 ‘‘(ii) if necessary, revised by the State 

23 to inform the Secretary of any substantive 

24 changes, including— 
427 

•HR 925 EAH 

1 ‘‘(I) any changes to State law or 

2 regulations, relating to the prevention 

3 of child abuse and neglect that may af4 fect the eligibility of the State under 

5 this section; or 

6 ‘‘(II) any changes in the State’s 

7 activities, strategies, or programs 

8 under this section.’’. 

9 (2) CONTENTS.—Paragraph (2) of section 106(b) 

10 of the Child Abuse Prevention and Treatment Act (42 

11 U.S.C. 5106a(b)) is amended to read as follows: 

12 ‘‘(2) CONTENTS.—A State plan submitted under 

13 paragraph (1) shall contain a description of the ac14 tivities that the State will carry out using amounts 

15 received under the grant to achieve the objectives of 

16 this title, including— 

17 ‘‘(A) an assurance in the form of a certifi18 cation by the Governor of the State that the 

19 State has in effect and is enforcing a State law, 

20 or has in effect and is operating a statewide pro21 gram, relating to child abuse and neglect that in22 cludes— 

23 ‘‘(i) provisions or procedures for an in24 dividual to report known and suspected in25 stances of child abuse and neglect, including 
428 

•HR 925 EAH 

1 a State law for mandatory reporting by in2 dividuals required to report such instances; 

3 ‘‘(ii) procedures for the immediate 

4 screening, risk and safety assessment, and 

5 prompt investigation of such reports of al6 leged abuse and neglect in order to ensure 

7 the well-being and safety of children; 

8 ‘‘(iii) procedures for immediate steps 

9 to be taken to ensure and protect the safety 

10 of a victim of child abuse or neglect and of 

11 any other child under the same care who 

12 may also be in danger of child abuse or ne13 glect and ensuring their placement in a safe 

14 environment; 

15 ‘‘(iv) methods to preserve the confiden16 tiality of all records in order to protect the 

17 rights of the child and of the child’s parents 

18 or guardians, including requirements ensur19 ing that reports and records made and 

20 maintained pursuant to the purposes of this 

21 Act shall only be made available to— 

22 ‘‘(I) individuals who are the sub23 ject of the report; 

24 ‘‘(II) Federal, State, or local gov25 ernment entities, or any agent of such 
429 

•HR 925 EAH 

1 entities, as described in clause (xi) of 

2 this subparagraph; 

3 ‘‘(III) child abuse citizen review 

4 panels; 

5 ‘‘(IV) child fatality review panels; 

6 ‘‘(V) a grand jury or court, upon 

7 a finding that information in the 

8 record is necessary for the determina9 tion of an issue before the court or 

10 grand jury; and 

11 ‘‘(VI) other entities or classes of 

12 individuals statutorily authorized by 

13 the State to receive such information 

14 pursuant to a legitimate State purpose; 

15 ‘‘(v) provisions and procedures requir16 ing that in every case involving a victim of 

17 child abuse or neglect which results in a ju18 dicial proceeding, a guardian ad litem, who 

19 has received education appropriate to the 

20 role, including education in early childhood, 

21 child, and adolescent development, and do22 mestic violence, and who may be an attor23 ney or a court appointed special advocate 

24 who has received education appropriate to 

25 that role (or both), shall be appointed to 
430 

•HR 925 EAH 

1 represent the child (who, for purposes of this 

2 section, shall have any age limit elected by 

3 the State pursuant to section 475(8)(B)(iii) 

4 of the Social Security Act (42 U.S.C. 

5 675(8)(B)(iii)) in such proceedings— 

6 ‘‘(I) to obtain first-hand, a clear 

7 understanding of the situation and 

8 needs of such child; and 

9 ‘‘(II) to make recommendations to 

10 the court concerning the best interests 

11 of such child; 

12 ‘‘(vi) the establishment of citizen re13 view panels in accordance with subsection 

14 (c); 

15 ‘‘(vii) provisions and procedures to re16 quire that a representative of the child pro17 tective services agency shall, at the initial 

18 time of contact with the individual subject 

19 to a child abuse or neglect investigation, ad20 vise the individual of the complaints or alle21 gations made against the individual, in a 

22 manner that is consistent with laws pro23 tecting the rights of the informant; 

24 ‘‘(viii) provisions, procedures, and 

25 mechanisms— 
431 

•HR 925 EAH 

1 ‘‘(I) for the expedited termination 

2 of parental rights in the case of any 

3 infant determined to be abandoned 

4 under State law; and 

5 ‘‘(II) by which individuals who 

6 disagree with an official finding of 

7 child abuse or neglect can appeal such 

8 finding; 

9 ‘‘(ix) provisions addressing the profes10 sional development of representatives of the 

11 child protective services system regarding 

12 the legal duties of the representatives, which 

13 may consist of various methods of inform14 ing such representatives of such duties (in15 cluding providing such education in dif16 ferent languages if necessary), in order to 

17 protect the legal rights and safety of chil18 dren and their parents and caregivers from 

19 the initial time of contact during investiga20 tion through treatment; 

21 ‘‘(x) provisions for immunity from 

22 civil or criminal liability under State and 

23 local laws and regulations for individuals 

24 making good faith reports of suspected or 

25 known instances of child abuse or neglect, or 
432 

•HR 925 EAH 

1 who otherwise provide information or as2 sistance, including medical evaluations or 

3 consultations, in connection with a report, 

4 investigation, or legal intervention pursuant 

5 to a good faith report of child abuse or ne6 glect; 

7 ‘‘(xi) provisions to require the State to 

8 disclose confidential information to any 

9 Federal, State, or local government entity, 

10 or any agent of such entity, that has a need 

11 for such information in order to carry out 

12 its responsibilities under law to protect chil13 dren from child abuse and neglect; 

14 ‘‘(xii) provisions requiring, and proce15 dures in place that facilitate the prompt 

16 expungement of any records that are acces17 sible to the general public or are used for 

18 purposes of employment or other back19 ground checks in cases determined to be un20 substantiated or false, except that nothing 

21 in this section shall prevent State child pro22 tective services agencies from keeping infor23 mation on unsubstantiated reports in their 

24 casework files to assist in future risk and 

25 safety assessment; 
433 

•HR 925 EAH 

1 ‘‘(xiii) provisions and procedures for 

2 requiring criminal background record 

3 checks that meet the requirements of section 

4 471(a)(20) of the Social Security Act (42 

5 U.S.C. 671(a)(20)) for prospective foster 

6 and adoptive parents and other adult rel7 atives and non-relatives residing in the 

8 household; 

9 ‘‘(xiv) provisions for systems of tech10 nology that support the State child protec11 tive services system and track reports of 

12 child abuse and neglect from intake through 

13 final disposition; 

14 ‘‘(xv) provisions and procedures re15 quiring identification and assessment of all 

16 reports involving children known or sus17 pected to be victims of sex trafficking (as 

18 defined in section 103(12) of the Trafficking 

19 Victims Protection Act of 2000 (22 U.S.C. 

20 7102 (12)); 

21 ‘‘(xvi) provisions, procedures, and 

22 mechanisms that assure that the State does 

23 not require reunification of a surviving 

24 child with a parent who has been found by 

25 a court of competent jurisdiction— 
434 

•HR 925 EAH 

1 ‘‘(I) to have committed murder 

2 (which would have been an offense 

3 under section 1111(a) of title 18, 

4 United States Code, if the offense had 

5 occurred in the special maritime or 

6 territorial jurisdiction of the United 

7 States) of another child of such parent; 

8 ‘‘(II) to have committed voluntary 

9 manslaughter (which would have been 

10 an offense under section 1112(a) of 

11 title 18, United States Code, if the of12 fense had occurred in the special mari13 time or territorial jurisdiction of the 

14 United States) of another child of such 

15 parent; 

16 ‘‘(III) to have aided or abetted, 

17 attempted, conspired, or solicited to 

18 commit such murder or voluntary 

19 manslaughter; 

20 ‘‘(IV) to have committed a felony 

21 assault that results in the serious bod22 ily injury to the surviving child or an23 other child of such parent; 
435 

•HR 925 EAH 

1 ‘‘(V) to have committed sexual 

2 abuse against the surviving child or 

3 another child of such parent; or 

4 ‘‘(VI) to be required to register 

5 with a sex offender registry under sec6 tion 113(a) of the Adam Walsh Child 

7 Protection and Safety Act of 2006 (42 

8 U.S.C. 16913(a)); and 

9 ‘‘(xvii) an assurance that, upon the 

10 implementation by the State of the provi11 sions, procedures, and mechanisms under 

12 clause (xvi), conviction of any one of the 

13 felonies listed in clause (xvi) constitute 

14 grounds under State law for the termi15 nation of parental rights of the convicted 

16 parent as to the surviving children (al17 though case-by-case determinations of 

18 whether or not to seek termination of paren19 tal rights shall be within the sole discretion 

20 of the State); 

21 ‘‘(B) an assurance that the State has in 

22 place procedures for responding to the reporting 

23 of medical neglect (including instances of with24 holding of medically indicated treatment from 

25 infants with disabilities who have life-threat-
436 

•HR 925 EAH 

1 ening conditions), procedures or programs, or 

2 both (within the State child protective services 

3 system), to provide for— 

4 ‘‘(i) coordination and consultation 

5 with individuals designated by and within 

6 appropriate health-care facilities; 

7 ‘‘(ii) prompt notification by individ8 uals designated by and within appropriate 

9 health-care facilities of cases of suspected 

10 medical neglect (including instances of 

11 withholding of medically indicated treat12 ment from infants with disabilities who 

13 have life-threatening conditions); and 

14 ‘‘(iii) authority, under State law, for 

15 the State child protective services system to 

16 pursue any legal remedies, including the 

17 authority to initiate legal proceedings in a 

18 court of competent jurisdiction, as may be 

19 necessary to prevent the withholding of 

20 medically indicated treatment from infants 

21 with disabilities who have life-threatening 

22 conditions; 

23 ‘‘(C) an assurance or certification that pro24 grams and education conducted under this title 

25 address the unique needs of unaccompanied 
437 

•HR 925 EAH 

1 homeless youth, including access to enrollment 

2 and support services and that such youth are eli3 gible for under parts B and E of title IV of the 

4 Social Security Act (42 U.S.C. 621 et seq., 670 

5 et seq.) and meet the requirements of the McKin6 ney-Vento Homeless Assistance Act (42 U.S.C. 

7 11301 et seq.); and 

8 ‘‘(D) a description of— 

9 ‘‘(i) policies and procedures (including 

10 appropriate referrals to child welfare service 

11 systems and for other appropriate services 

12 (including home visiting services and mu13 tual support and parent partner programs) 

14 determined by a family assessment) to ad15 dress the needs of infants born with and 

16 identified as being affected by substance use 

17 or withdrawal symptoms resulting from 

18 prenatal drug exposure, or a Fetal Alcohol 

19 Spectrum Disorder, including a require20 ment that health care providers involved in 

21 the delivery or care of such infants notify 

22 the child protective welfare service system of 

23 the occurrence of such condition in such in24 fants, except that— 
438 

•HR 925 EAH 

1 ‘‘(I) child protective services shall 

2 undertake an investigation only when 

3 the findings of a family assessment 

4 warrant such investigation; and 

5 ‘‘(II) such notification shall not be 

6 construed to— 

7 ‘‘(aa) establish a definition 

8 under Federal law of what con9 stitutes child abuse or neglect; or 

10 ‘‘(bb) require prosecution for 

11 any illegal action; 

12 ‘‘(ii) the development of a multi-dis13 ciplinary plan of safe care for the infant 

14 born and identified as being affected by sub15 stance use or withdrawal symptoms or a 

16 Fetal Alcohol Spectrum Disorder to ensure 

17 the safety and well-being of such infant fol18 lowing release from the care of health care 

19 providers, including through— 

20 ‘‘(I) using a risk-based approach 

21 to develop each plan of safe care; 

22 ‘‘(II) addressing, through coordi23 nated service delivery, the health and 

24 substance use disorder treatment needs 

25 of the infant and affected family or 
439 

•HR 925 EAH 

1 caregiver as determined by a family 

2 assessment; and 

3 ‘‘(III) the development and imple4 mentation by the State of monitoring 

5 systems regarding the implementation 

6 of such plans of safe care to determine 

7 whether and in what manner local en8 tities are providing, in accordance 

9 with State requirements, referrals to 

10 and delivery of appropriate services for 

11 the infant and affected family or care12 giver; 

13 ‘‘(iii) policies and procedures to make 

14 available to the public on the State website 

15 the data, findings, and information about 

16 all cases of child abuse or neglect resulting 

17 in a child fatality or near fatality, includ18 ing a description of— 

19 ‘‘(I) how the State will not create 

20 an exception to such public disclosure, 

21 except in a case in which— 

22 ‘‘(aa) the State would like to 

23 delay public release of case-spe24 cific findings or information (in25 cluding any previous reports of 
440 

•HR 925 EAH 

1 domestic violence and subsequent 

2 actions taken to assess and ad3 dress such reports) while a crimi4 nal investigation or prosecution of 

5 such a fatality or near fatality is 

6 pending; 

7 ‘‘(bb) the State is protecting 

8 the identity of a reporter of child 

9 abuse or neglect; or 

10 ‘‘(cc) the State is withholding 

11 identifying information of mem12 bers of the victim’s family who 

13 are not perpetrators of the fatality 

14 or near fatality; and 

15 ‘‘(II) how the State will ensure 

16 that in providing the public disclosure 

17 required under this clause, the State 

18 will include— 

19 ‘‘(aa) the cause and cir20 cumstances of the fatality or near 

21 fatality; 

22 ‘‘(bb) the age and gender of 

23 the child; and 

24 ‘‘(cc) any previous reports of 

25 child abuse or neglect investiga-
441 

•HR 925 EAH 

1 tions that are relevant to the child 

2 abuse or neglect that led to the fa3 tality or near fatality; 

4 ‘‘(iv) how the State will use data col5 lected on child abuse or neglect to prevent 

6 child fatalities and near fatalities; 

7 ‘‘(v) how the State will implement ef8 forts to prevent child fatalities and near fa9 talities; 

10 ‘‘(vi) the cooperation of State law en11 forcement officials, court of competent juris12 diction, and appropriate State agencies 

13 providing human services in the investiga14 tion, assessment, prosecution, and treatment 

15 of child abuse and neglect; 

16 ‘‘(vii) the steps the State will take to 

17 improve the professional development, reten18 tion, and supervision of caseworkers and 

19 how the State will measure the effectiveness 

20 of such efforts; 

21 ‘‘(viii) the State’s plan to ensure each 

22 child under the age of 3 who is involved in 

23 a substantiated case of child abuse or ne24 glect will be referred to the State’s child find 

25 system under section 635(a)(5) of the Indi-
442 

•HR 925 EAH 

1 viduals with Disabilities Education Act (20 

2 U.S.C. 1435(a)(5)) in order to determine if 

3 the child is an infant or toddler with a dis4 ability (as defined in section 632(5) of such 

5 Act (20 U.S.C. 1432(5))); 

6 ‘‘(ix) the State’s plan to improve, as 

7 part of a comprehensive State strategy led 

8 by law enforcement, professional develop9 ment for child protective services workers 

10 and their appropriate role in identifying, 

11 assessing, and providing comprehensive 

12 services for children who are sex trafficking 

13 victims, in coordination with law enforce14 ment, juvenile justice agencies, runaway 

15 and homeless youth shelters, and health, 

16 mental health, and other social service agen17 cies and providers; 

18 ‘‘(x) the services to be provided under 

19 the grant to individuals, families, or com20 munities, either directly or through refer21 rals, aimed at preventing the occurrence of 

22 child abuse and neglect; 

23 ‘‘(xi) the State’s efforts to ensure pro24 fessionals who are required to report sus25 pected cases of child abuse and neglect are 
443 

•HR 925 EAH 

1 aware of their responsibilities under sub2 paragraph (A)(i) and receive professional 

3 development relating to performing such re4 sponsibilities that is specific to their profes5 sion and workplace; 

6 ‘‘(xii) policies and procedures encour7 aging the appropriate involvement of fami8 lies in decisionmaking pertaining to chil9 dren who experienced child abuse or neglect; 

10 ‘‘(xiii) the State’s efforts to improve 

11 appropriate collaboration among child pro12 tective services agencies, domestic violence 

13 services agencies, substance use disorder 

14 treatment agencies, and other agencies in 

15 investigations, interventions, and the deliv16 ery of services and treatment provided to 

17 children and families affected by child abuse 

18 or neglect, including children exposed to do19 mestic violence, where appropriate; 

20 ‘‘(xiv) policies and procedures regard21 ing the use of differential response, as ap22 plicable, to improve outcomes for children; 

23 and 

24 ‘‘(xv) the State’s efforts to reduce racial 

25 bias in its child protective services system.’’. 
444 

•HR 925 EAH 

1 (3) LIMITATIONS.—Paragraph (3) of section 

2 106(b) of the Child Abuse Prevention and Treatment 

3 Act (42 U.S.C. 5106a(b)) is amended— 

4 (A) in the paragraph heading, by striking 

5 ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 

6 (B) by striking ‘‘With regard to clauses (vi) 

7 and (vii) of paragraph (2)(B),’’ and inserting 

8 the following: 

9 ‘‘(A) DISCLOSURE OF CERTAIN IDENTIFYING

10 INFORMATION.—With regard to subparagraphs 

11 (A)(iv) and (D)(iii) of paragraph (2),’’; 

12 (C) by striking the period at the end and 

13 inserting ‘‘; and’’; and 

14 (D) by adding at the end the following: 

15 ‘‘(B) PUBLIC ACCESS TO COURT PRO16 CEEDINGS.—Nothing in paragraph (2) shall be 

17 construed to limit the State’s flexibility to deter18 mine State policies relating to public access to 

19 court proceedings to determine child abuse and 

20 neglect, except that such policies shall, at a min21 imum, ensure the safety and well-being of the 

22 child, parents, and families.’’. 

23 (4) DEFINITIONS.—Paragraph (4) of section 

24 106(b) of the Child Abuse Prevention and Treatment 

25 Act (42 U.S.C. 5106a(b)) is amended— 
445 

•HR 925 EAH 

1 (A) in the paragraph heading, by striking 

2 ‘‘DEFINITIONS’’ and inserting ‘‘DEFINITION’’; 

3 (B) by striking ‘‘this subsection’’ and all 

4 that follows through ‘‘means an act’’ and insert5 ing the following: ‘‘this subsection, the term ‘near 

6 fatality’ means an act’’; 

7 (C) by striking ‘‘; and’’ and inserting a pe8 riod; and 

9 (D) by striking subparagraph (B). 

10 (c) CITIZEN REVIEW PANELS.—Section 106(c) of the 

11 Child Abuse Prevention and Treatment Act (42 U.S.C. 

12 5106a(c)) is amended— 

13 (1) in paragraph (1)(B), by striking ‘‘EXCEP14 TIONS.’’ and all that follows through ‘‘A State may’’ 

15 and inserting ‘‘EXCEPTION.—A State may’’; 

16 (2) in paragraph (4)(A)— 

17 (A) in the matter preceding clause (i), by 

18 striking ‘‘and where appropriate, specific cases,’’; 

19 and 

20 (B) in clause (iii)(I), by striking ‘‘foster 

21 care and adoption programs’’ and inserting ‘‘fos22 ter care, prevention, and permanency pro23 grams’’; and 

24 (3) by amending the first sentence of paragraph 

25 (6) to read as follows: ‘‘Each panel established under 
446 

•HR 925 EAH 

1 paragraph (1) shall prepare and make available to 

2 the State and the public, on an annual basis, a report 

3 containing a summary of the activities of the panel, 

4 the criteria used for determining which activities the 

5 panel engaged in, and recommendations or observa6 tions to improve the child protective services system 

7 at the State and local levels, and the data upon which 

8 these recommendations or observations are based.’’. 

9 (d) ANNUAL STATE DATA REPORTS.—Section 106(d) 

10 of the Child Abuse Prevention and Treatment Act (42 

11 U.S.C. 5106a(d)) is amended— 

12 (1) by amending paragraph (13) to read as fol13 lows: 

14 ‘‘(13) The annual report containing the sum15 mary of the activities and recommendations of the cit16 izen review panels of the State required by subsection 

17 (c)(6), and the actions taken by the State as a result 

18 of such recommendations.’’; 

19 (2) in paragraph (15), by striking ‘‘subsection 

20 (b)(2)(B)(ii)’’ and inserting ‘‘subsection (b)(2)(D)(i)’’; 

21 (3) in paragraph (16), by striking ‘‘subsection 

22 (b)(2)(B)(xxi)’’ and inserting ‘‘subsection 

23 (b)(2)(D)(viii)’’; 
447 

•HR 925 EAH 

1 (4) in paragraph (17), by striking ‘‘subsection 

2 (b)(2)(B)(xxiv)’’ and inserting ‘‘subsection 

3 (b)(2)(A)(xv)’’; 

4 (5) in paragraph (18)— 

5 (A) in subparagraph (A), by striking ‘‘sub6 section (b)(2)(B)(ii)’’ and inserting ‘‘subsection 

7 (b)(2)(D)(i)’’; 

8 (B) in subparagraph (B), by striking ‘‘sub9 section (b)(2)(B)(iii)’’ and inserting ‘‘subsection 

10 (b)(2)(D)(ii)’’; and 

11 (C) in subparagraph (C), by striking ‘‘sub12 section (b)(2)(B)(iii)’’ and inserting ‘‘subsection 

13 (b)(2)(D)(ii)’’; and 

14 (6) by adding at the end the following: 

15 ‘‘(19) The number of child fatalities and near fa16 talities from maltreatment and related information in 

17 accordance with the uniform standards established 

18 under section 103(d).’’. 

19 (e) ALLOTMENTS.—Section 106(f) of the Child Abuse 

20 Prevention and Treatment Act (42 U.S.C. 5106a(f)) is 

21 amended by adding at the end the following: 

22 ‘‘(6) LIMITATION.—For any fiscal year for which 

23 the amount allotted to a State or territory under this 

24 subsection exceeds the amount allotted to the State or 

25 territory under such subsection for fiscal year 2019, 
448 

•HR 925 EAH 

1 the State or territory may use not more than 2 per2 cent of such excess amount for administrative ex3 penses.’’. 

4 SEC. 107. MISCELLANEOUS REQUIREMENTS. 

5 Section 108 of the Child Abuse Prevention and Treat6 ment Act (42 U.S.C. 5106d) is amended— 

7 (1) in subsection (b), by inserting ‘‘Indian tribes, 

8 and tribal organizations,’’ after ‘‘States,’’; 

9 (2) by redesignating subsections (c) through (e) 

10 as subsections (d) through (f), respectively; and 

11 (3) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) PROTECTING AGAINST SYSTEMIC CHILD SEXUAL

14 ABUSE.— 

15 ‘‘(1) REPORTING AND TASK FORCE.—Not later 

16 than 24 months after the date of the enactment of the 

17 Human Services and Community Supports Act, each 

18 State task force established under section 107(c) and 

19 expanded as described in paragraph (2) shall study 

20 and make recommendations on the following, with a 

21 focus on preventing systemic child sexual abuse: 

22 ‘‘(A) How to detect systemic child sexual 

23 abuse that occurs in an organization. 

24 ‘‘(B) How to prevent child sexual abuse and 

25 systemic child sexual abuse from occurring in or-
449 

•HR 925 EAH 

1 ganizations, which shall include recommenda2 tions to improve— 

3 ‘‘(i) practices and policies for the edu4 cation of parents, caregivers, and victims, 

5 and age appropriate education of children, 

6 about risk factors or signs of potential child 

7 sexual abuse; and 

8 ‘‘(ii) the efficacy of applicable State 

9 laws and the role such laws play in deter10 ring or preventing incidences of child sexual 

11 abuse. 

12 ‘‘(C) The feasibility of making available the 

13 disposition of a perpetrator within an organiza14 tion to— 

15 ‘‘(i) the child alleging sexual abuse or 

16 the child’s family; or 

17 ‘‘(ii) an adult who was a child at the 

18 time of the sexual abuse claim in question 

19 or the adult’s family. 

20 ‘‘(2) TASK FORCE COMPOSITION.—For purposes 

21 of this subsection, a State task force shall include— 

22 ‘‘(A) the members of the State task force de23 scribed in section 107(c) for the State; and 

24 ‘‘(B) the following: 

25 ‘‘(i) Family court judges. 
450 

•HR 925 EAH 

1 ‘‘(ii) Individuals from religious orga2 nizations. 

3 ‘‘(iii) Individuals from youth-serving 

4 organizations, including youth athletics or5 ganizations. 

6 ‘‘(3) REPORTING ON RECOMMENDATIONS.—Not 

7 later than 6 months after a State task force makes 

8 recommendations under paragraph (1), the State 

9 maintaining such State task force shall— 

10 ‘‘(A) make public the recommendations of 

11 such report; 

12 ‘‘(B) report to the Secretary on the status of 

13 adopting such recommendations; and 

14 ‘‘(C) in a case in which the State declines 

15 to adopt a particular recommendation, make 

16 public the explanation for such declination. 

17 ‘‘(4) DEFINITIONS.—For purposes of this sub18 section— 

19 ‘‘(A) the terms ‘child sexual abuse’ and ‘sex20 ual abuse’ shall not be limited to an act or a 

21 failure to act on the part of a parent or care22 taker; 

23 ‘‘(B) the term ‘organization’ means any en24 tity that serves children; and 
451 

•HR 925 EAH 

1 ‘‘(C) the term ‘systemic child sexual abuse’ 

2 means— 

3 ‘‘(i) a pattern of informal or formal 

4 policy or de facto policy to not follow State 

5 and local requirements to report instances 

6 of child sexual abuse in violation of State 

7 and local mandatory reporting laws or pol8 icy; or 

9 ‘‘(ii) a pattern of assisting individual 

10 perpetrators in maintaining their careers 

11 despite substantiated evidence of child sex12 ual abuse.’’. 

13 SEC. 108. REPORTS. 

14 (a) SCALING EVIDENCE-BASED TREATMENT OF CHILD

15 ABUSE AND NEGLECT.—Section 110 of the Child Abuse 

16 Prevention and Treatment Act (42 U.S.C. 5106f) is amend17 ed to read as follows: 

18 ‘‘SEC. 110. STUDY AND REPORT RELATING TO SCALING EVI19 DENCE-BASED TREATMENT OF CHILD ABUSE 

20 AND NEGLECT; STUDY AND REPORT ON MAR21 ITAL AGE OF CONSENT; STUDY AND REPORT 

22 ON STATE MANDATORY REPORTING LAWS. 

23 ‘‘(a) IN GENERAL.—The Secretary shall conduct a 

24 study that examines challenges to, and best practices for, 

25 the scalability of treatments that reduce the trauma result-
452 

•HR 925 EAH 

1 ing from child abuse and neglect and reduce the risk of re2 victimization, such as those allowable under sections 105 

3 and 106. 

4 ‘‘(b) CONTENT OF STUDY.—The study described in 

5 subsection (a) shall be completed in a manner that considers 

6 the variability among treatment programs and among pop7 ulations vulnerable to child abuse and neglect. The study 

8 shall include, at minimum: 

9 ‘‘(1) A detailed synthesis of the existing research 

10 literature examining barriers and challenges to, and 

11 best practices for the scalability of child welfare pro12 grams and services as well as programs and services 

13 for vulnerable children and families in related fields, 

14 including healthcare and education. 

15 ‘‘(2) Data describing state and local providers’ 

16 experiences with scaling treatments that reduce the 

17 trauma resulting from child abuse and neglect and re18 duce the risk of revictimization. 

19 ‘‘(3) Consultation with experts in child welfare, 

20 healthcare, and education. 

21 ‘‘(c) REPORT.—Not later than 3 years after the date 

22 of the enactment of the Human Services and Community 

23 Supports Act, the Secretary shall submit to the Committee 

24 on Health, Education, Labor, and Pensions of the Senate 

25 and the Committee on Education and Labor of the House 
453 

•HR 925 EAH 

1 of Representatives a report that contains the results of the 

2 study conducted under subsection (a), including rec3 ommendations for best practices for scaling treatments that 

4 reduce the trauma resulting from child abuse and neglect 

5 and reduce the risk of revictimization. 

6 ‘‘(d) STUDY AND REPORT ON MARITAL AGE OF CON7 SENT.— 

8 ‘‘(1) STUDY.—The Secretary shall study, with 

9 respect to each State— 

10 ‘‘(A) the State law regarding the minimum 

11 marriage age; and 

12 ‘‘(B) the prevalence of marriage involving a 

13 child who is under the age of such minimum 

14 marriage age. 

15 ‘‘(2) FACTORS.—The study required under para16 graph (1) shall include an examination of— 

17 ‘‘(A) the extent to which any statutory ex18 ceptions to the minimum marriage age in such 

19 laws contribute to the prevalence of marriage in20 volving a child described in paragraph (1)(B); 

21 ‘‘(B) whether such exceptions allow such a 

22 child to be married without the consent of such 

23 child; and 

24 ‘‘(C) the impact of such exceptions on the 

25 safety of such children. 
454 

•HR 925 EAH 

1 ‘‘(3) REPORT.—Not later than 1 year after the 

2 date of enactment of the Human Services and Com3 munity Supports Act, the Secretary shall submit to 

4 the Committee on Health, Education, Labor, and 

5 Pensions of the Senate and the Committee on Edu6 cation and Labor of the House of Representatives a 

7 report containing the findings of the study required 

8 by this subsection, including any best practices. 

9 ‘‘(e) STUDY AND REPORT ON STATE MANDATORY RE10 PORTING LAWS.— 

11 ‘‘(1) STUDY.—The Secretary shall collect infor12 mation on and otherwise study State laws for manda13 tory reporting of incidents of child abuse or neglect. 

14 Such study shall examine trends in referrals and in15 vestigations of child abuse and neglect due to dif16 ferences in such State laws with respect to the inclu17 sion, as mandatory reporters, of the following individ18 uals: 

19 ‘‘(A) Individuals licensed or certified to 

20 practice in any health-related field licensed by 

21 the State, employees of health care facilities or 

22 providers licensed by the State, who are engaged 

23 in the admission, examination, care or treatment 

24 of individuals, including mental health and 

25 emergency medical service providers. 
455 

•HR 925 EAH 

1 ‘‘(B) Individuals employed by a school who 

2 have direct contact with children, including 

3 teachers, administrators, and independent con4 tractors. 

5 ‘‘(C) Peace officers and law enforcement 

6 personnel. 

7 ‘‘(D) Clergy, including Christian Science 

8 practitioners, except where prohibited on account 

9 of clergy-penitent privilege. 

10 ‘‘(E) Day care and child care operators and 

11 employees. 

12 ‘‘(F) Employees of social services agencies 

13 who have direct contact with children in the 

14 course of employment. 

15 ‘‘(G) Foster parents. 

16 ‘‘(H) Court appointed special advocates 

17 (employees and volunteers). 

18 ‘‘(I) Camp and after-school employees. 

19 ‘‘(J) An individual, paid or unpaid, who, 

20 on the basis of the individual’s role as an inte21 gral part of a regularly scheduled program, ac22 tivity, or service, accepts responsibility for a 

23 child. 

24 ‘‘(2) REPORT.—Not later than 4 years after the 

25 date of enactment of the Human Services and Com-
456 

•HR 925 EAH 

1 munity Supports Act, the Secretary shall submit to 

2 the Committee on Health, Education, Labor, and 

3 Pensions of the Senate and the Committee on Edu4 cation and Labor of the House of Representatives a 

5 report containing the findings of the study required 

6 by this subsection, including any best practices re7 lated to the inclusion, as mandatory reporters, of in8 dividuals described in paragraph (1).’’. 

9 (b) REPORT ON CHILD ABUSE AND NEGLECT IN IN10 DIAN TRIBAL COMMUNITIES.— 

11 (1) IN GENERAL.—Not later than 2 years after 

12 the date of the enactment of this Act, the Comptroller 

13 General, in consultation with the Indian tribes from 

14 each of the 12 regions of the Bureau of Indian Affairs, 

15 shall study child abuse and neglect in Indian Tribal 

16 communities for the purpose of identifying vital in17 formation and making recommendations concerning 

18 issues relating to child abuse and neglect in such com19 munities, and submit to the Committee on Health, 

20 Education, Labor, and Pensions and the Committee 

21 on Indian Affairs of the Senate and the Committee on 

22 Education and Labor and the Committee on Natural 

23 Resources of the House of Representatives a report on 

24 such study, which shall include— 
457 

•HR 925 EAH 

1 (A) the number of Indian tribes providing 

2 primary child abuse and neglect prevention ac3 tivities; 

4 (B) the number of Indian tribes providing 

5 secondary child abuse and neglect prevention ac6 tivities; 

7 (C) promising practices of Indian tribes 

8 with respect to child abuse and neglect preven9 tion that are culturally-based or culturally10 adapted; 

11 (D) information and recommendations on 

12 how such culturally-based or culturally-adapted 

13 child abuse and neglect prevention activities 

14 could become evidence-based; 

15 (E) the number of Indian tribes that have 

16 accessed Federal child abuse and neglect preven17 tion programs; 

18 (F) child abuse and neglect prevention ac19 tivities that Indian tribes provide using State 

20 funds; 

21 (G) child abuse and neglect prevention ac22 tivities that Indian tribes provide using Tribal 

23 funds; 

24 (H) Tribal access to State children’s trust 

25 fund resources, as described in section 202 of the 
458 

•HR 925 EAH 

1 Child Abuse Prevention and Treatment Act (42 

2 U.S.C. 5116a); 

3 (I) how a children’s trust fund model could 

4 be used to support prevention efforts regarding 

5 child abuse and neglect of American Indian and 

6 Alaska Native children; 

7 (J) Federal agency technical assistance ef8 forts to address child abuse and neglect preven9 tion and treatment of American Indian and 

10 Alaska Native children; 

11 (K) Federal agency cross-system collabora12 tion to address child abuse and neglect preven13 tion and treatment of American Indian and 

14 Alaska Native children; 

15 (L) Tribal access to child abuse and neglect 

16 prevention research and demonstration grants 

17 under the Child Abuse Prevention and Treat18 ment Act (42 U.S.C. 5101 et seq.); and 

19 (M) an examination of child abuse and ne20 glect data systems to identify what Tribal data 

21 is being submitted, barriers to submitting data, 

22 and recommendations on improving the collec23 tion of data from Indian Tribes. 

24 (2) DEFINITIONS.—In this subsection— 
459 

•HR 925 EAH 

1 (A) the term ‘‘Alaska Native’’ has the mean2 ing given the term in section 111 of the Child 

3 Abuse Prevention and Treatment Act (42 U.S.C. 

4 5106g); and 

5 (B) the terms ‘‘child abuse and neglect’’ and 

6 ‘‘Indian tribe’’ have the meaning given the terms 

7 in section 3 of the Child Abuse Prevention and 

8 Treatment Act (42 U.S.C. 5101 note). 

9 SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 112(a) of the Child Abuse Prevention and 

11 Treatment Act (42 U.S.C. 5106h(a)) is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘to carry out’’ through ‘‘fis14 cal year 2010’’ and inserting ‘‘to carry out this 

15 title $270,000,000 for fiscal year 2021’’; and 

16 (B) by striking ‘‘2011 through 2015’’ and 

17 inserting ‘‘2022 through 2026’’; and 

18 (2) by striking paragraph (2)(A) and inserting 

19 the following: 

20 ‘‘(A) IN GENERAL.—Of the amounts appro21 priated for a fiscal year under paragraph (1), 

22 the Secretary shall make available 30 percent of 

23 such amounts, or $100,000,000, whichever is less, 

24 to fund discretionary activities under this title.’’. 
460 

•HR 925 EAH 

1 SEC. 110. MONITORING AND OVERSIGHT. 

2 Section 114(1) of the Child Abuse Prevention and 

3 Treatment Act (42 U.S.C. 5108(1)) is amended— 

4 (1) in each of subparagraphs (A) and (B), by 

5 striking ‘‘and’’ at the end; and 

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

7 ‘‘(C) include written guidance and technical 

8 assistance to support States, which shall include 

9 guidance on the requirements of this Act with re10 spect to infants born with and identified as 

11 being affected by substance use or withdrawal 

12 symptoms, Neonatal Abstinence Syndrome, or 

13 Fetal Alcohol Spectrum Disorder, as described in 

14 clauses (i) and (ii) of section 106(b)(2)(D), in15 cluding by— 

16 ‘‘(i) enhancing States’ understanding 

17 of requirements and flexibilities under the 

18 law, including by clarifying key terms; 

19 ‘‘(ii) addressing State-identified chal20 lenges with developing, implementing, and 

21 monitoring plans of safe care; and 

22 ‘‘(iii) disseminating best practices on 

23 implementation of plans of safe care, on 

24 such topics as differential response, collabo25 ration and coordination, and identification 

26 and delivery of services for different popu-
461 

•HR 925 EAH 

1 lations, while recognizing needs of different 

2 populations and varying community ap3 proaches across States; and 

4 ‘‘(D) include the submission of a report to 

5 the Committee on Education and Labor of the 

6 House of Representatives and the Committee on 

7 Health, Education, Labor, and Pensions of the 

8 Senate not later than 1 year after the date of the 

9 enactment of this Act that contains a description 

10 of the activities taken by the Secretary to comply 

11 with the requirements of subparagraph (C); 

12 and’’. 

13 SEC. 111. ELECTRONIC INTERSTATE DATA EXCHANGE SYS14 TEM. 

15 Title I of the Child Abuse Prevention and Treatment 

16 Act (42 U.S.C. 5101 et seq.) is amended by adding at the 

17 end the following: 

18 ‘‘SEC. 115. ELECTRONIC INTERSTATE DATA EXCHANGE SYS19 TEM. 

20 ‘‘(a) INTERSTATE DATA EXCHANGE SYSTEM.— 

21 ‘‘(1) IN GENERAL.—The Secretary of Health and 

22 Human Services shall consider the recommendations 

23 included in the reports required under paragraph 

24 (8)(A) and subsection (b)(2) in developing an elec25 tronic interstate data exchange system that allows 
462 

•HR 925 EAH 

1 State entities responsible under State law for main2 taining child abuse and neglect registries to commu3 nicate information across State lines. 

4 ‘‘(2) STANDARDS.—In developing the electronic 

5 interstate data exchange system under paragraph (1), 

6 the Secretary shall— 

7 ‘‘(A) use interoperable standards developed 

8 and maintained by intergovernmental partner9 ships, such as the National Information Ex10 change Model; 

11 ‘‘(B) develop policies and governance stand12 ards that— 

13 ‘‘(i) ensure consistency in types of in14 formation shared and not shared; and 

15 ‘‘(ii) specify circumstances under 

16 which data should be shared through the 

17 interstate data exchange system; and 

18 ‘‘(C) ensure that all standards and policies 

19 adhere to the privacy, security, and civil rights 

20 laws of each State and Federal law. 

21 ‘‘(3) LIMITATION ON USE OF ELECTRONIC INTER22 STATE DATA EXCHANGE SYSTEM.—The electronic 

23 interstate data exchange system may only be used for 

24 purposes relating to child safety. 

25 ‘‘(4) PILOT PROGRAM.— 
463 

•HR 925 EAH 

1 ‘‘(A) IMPLEMENTATION.—Not later than 6 

2 months after the date of the enactment of this 

3 section, the Secretary of Health and Human 

4 Services shall begin implementation of a pilot 

5 program to generate recommendations for the 

6 full integration of the electronic interstate data 

7 exchange system. Such pilot program shall in8 clude not less than 10 States and not more than 

9 15 States. 

10 ‘‘(B) COMPLETION.—Not later than 30 

11 months after the date of the enactment of this 

12 section, the Secretary of Health and Human 

13 Services shall complete the pilot program de14 scribed in subparagraph (A). 

15 ‘‘(5) INTEGRATION.—The Secretary of Health 

16 and Human Services may assist States in the inte17 gration of this system into the infrastructure of each 

18 State using funds appropriated under this subsection. 

19 ‘‘(6) PARTICIPATION.—As a condition on eligi20 bility for receipt of funds under section 106, each 

21 State shall— 

22 ‘‘(A) participate in the electronic interstate 

23 data exchange system to the fullest extent possible 

24 in accordance with State law (as determined by 
464 

•HR 925 EAH 

1 the Secretary of Health and Human Services) 

2 not later than December 31, 2027; and 

3 ‘‘(B) prior to the participation described in 

4 subparagraph (A), provide to the Secretary of 

5 Health and Human Services an assurance that 

6 the child abuse and neglect registry of such State 

7 provides procedural due process protections with 

8 respect to including individuals on such registry. 

9 ‘‘(7) PROHIBITION.—The Secretary of Health 

10 and Human Services may not access or store data 

11 from the electronic interstate data exchange system, 

12 unless the State to which such data pertains volun13 tarily shares such data with the Secretary of Health 

14 and Human Services. 

15 ‘‘(8) REPORTS.—The Secretary of Health and 

16 Human Services shall prepare and submit to Con17 gress— 

18 ‘‘(A) not later than 3 years after the date 

19 of the enactment of this section, a report on the 

20 recommendations from the pilot program de21 scribed in paragraph (4); and 

22 ‘‘(B) not later than January 31, 2025, a re23 port on the progress made in implementing this 

24 subsection. 
465 

•HR 925 EAH 

1 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—Of 

2 the funds appropriated under section 112 for a fiscal 

3 year— 

4 ‘‘(A) for each of fiscal years 2021 and 2022, 

5 $2,000,000 shall be reserved to carry out this sec6 tion; and 

7 ‘‘(B) for each of fiscal years 2023 through 

8 2026, $1,000,000 shall be reserved to carry out 

9 this section. 

10 ‘‘(b) WORKING GROUP.— 

11 ‘‘(1) IN GENERAL.— Not later than 60 days after 

12 the date of the enactment of this section, the Secretary 

13 of Health and Human Services shall convene a work14 ing group to study and make recommendations on the 

15 following: 

16 ‘‘(A) The feasibility of making publicly 

17 available on the website of each State definitions 

18 and standards of substantiated child abuse and 

19 neglect for the State. 

20 ‘‘(B) Whether background check require21 ments under this Act, the Child Care and Devel22 opment Block Grant Act of 1990 (42 U.S.C. 

23 9858 et seq.), and part E of title IV of the Social 

24 Security Act (42 U.S.C. 670 et seq.) are com-
466 

•HR 925 EAH 

1 plementary or if there are discrepancies that 

2 need to be addressed. 

3 ‘‘(C) How to improve communication be4 tween and across States, including through the 

5 use of technology and the use of the electronic 

6 interstate data exchange system established 

7 under subsection (a), to allow for more accurate 

8 and efficient exchange of child abuse and neglect 

9 records. 

10 ‘‘(D) How to reduce barriers and establish 

11 best practices for the State to provide timely re12 sponses to requests from other States for infor13 mation contained in the State’s child abuse and 

14 neglect registry through the electronic interstate 

15 data exchange system established under sub16 section (a). 

17 ‘‘(E) How to ensure due process for any in18 dividual included in a State’s child abuse and 

19 neglect registry, including the following: 

20 ‘‘(i) The level of evidence necessary for 

21 inclusion in the State’s child abuse and ne22 glect registry. 

23 ‘‘(ii) The process for notifying such in24 dividual of inclusion in the State’s child 
467 

•HR 925 EAH 

1 abuse and neglect registry and the implica2 tions of such inclusion. 

3 ‘‘(iii) The process for providing such 

4 individual the opportunity to challenge such 

5 inclusion, and the procedures for resolving 

6 such challenge. 

7 ‘‘(iv) The length of time an individ8 ual’s record is to remain in the State’s child 

9 abuse and neglect registry, and the process 

10 for removing such individual’s record. 

11 ‘‘(v) The criteria for when such indi12 vidual’s child abuse and neglect registry 

13 record may be— 

14 ‘‘(I) made accessible to the general 

15 public; 

16 ‘‘(II) made available for purposes 

17 of an employment check; and 

18 ‘‘(III) be shared for the purposes 

19 of participation in the electronic inter20 state data exchange system described in 

21 subsection (a). 

22 ‘‘(2) REPORT.—Not later than 18 months after 

23 the date of the enactment of this section, the working 

24 group convened under paragraph (1) shall submit a 

25 report containing its recommendations to the Sec-
468 

•HR 925 EAH 

1 retary of Health and Human Services, the Committee 

2 on Health, Education, Labor, and Pensions of the 

3 Senate, and the Committee on Education and Labor 

4 of the House of Representatives. 

5 ‘‘(3) CONSTRUCTION.—There shall be no require6 ment for any State to adopt the recommendations of 

7 the working group, nor shall the Secretary of Health 

8 and Human Services incentivize or coerce any State 

9 to adopt any such recommendation.’’. 

10 SEC. 112. TECHNICAL AND CONFORMING AMENDMENTS. 

11 (a) TECHNICAL AMENDMENTS.— The Child Abuse Pre12 vention and Treatment Act (42 U.S.C. 5101 et seq.), as 

13 amended by the preceding provisions of this title, is further 

14 amended— 

15 (1) by striking ‘‘Committee on Education and 

16 the Workforce’’ each place it appears and inserting 

17 ‘‘Committee on Education and Labor’’; 

18 (2) in section 103(c)(1)(F), by striking ‘‘abused 

19 and neglected children’’ and inserting ‘‘victims of 

20 child abuse or neglect’’; and 

21 (3) in section 107(f), by striking ‘‘(42 U.S.C. 

22 10603a)’’ and inserting ‘‘(34 U.S.C. 20104)’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) SECTION 103.—Section 103(b)(5) (42 U.S.C. 

25 5104(b)(5)) is amended by striking ‘‘section 
469 

•HR 925 EAH 

1 106(b)(2)(B)(iii)’’ and inserting ‘‘section 

2 106(b)(2)(D)(ii)’’. 

3 (2) SECTION 105.—Section 105(a)(11) (42 U.S.C. 

4 5106(a)(11) (as redesignated by section 105(1)(A) of 

5 this title) is amended— 

6 (A) in subparagraph (A), by striking ‘‘sec7 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘section 

8 106(b)(2)(D)(ii)’’; 

9 (B) in subparagraph (C)— 

10 (i) in clause (i)(II), by striking ‘‘sec11 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘sec12 tion 106(b)(2)(D)(ii)’’; 

13 (ii) in clause (i)(IV), by striking ‘‘sec14 tion 106(b)(2)(B)(iii)(II)’’ and inserting 

15 ‘‘section 106(b)(2)(D)(ii)(II)’’; and 

16 (iii) in clause (ii), by striking ‘‘clauses 

17 (ii) and (iii) of section 106(b)(2)(B)’’ and 

18 inserting ‘‘clauses (i) and (ii) of section 

19 106(b)(2)(D)’’; 

20 (C) in subparagraph (D)— 

21 (i) in clause (i)(I), by striking ‘‘section 

22 106(b)(2)(B)(iii)(I)’’ and inserting ‘‘section 

23 106(b)(2)(D)(ii)(I)’’; 
470 

•HR 925 EAH 

1 (ii) in clause (ii)(I), by striking ‘‘sec2 tion 106(b)(2)(B)(ii)’’ and inserting ‘‘sec3 tion 106(b)(2)(D)(i)’’; 

4 (iii) in clause (ii)(II), by striking ‘‘sec5 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘sec6 tion 106(b)(2)(D)(ii)(I)’’; 

7 (iv) in clause (iii)(I), by striking ‘‘sec8 tion 106(b)(2)(B)(i)’’ and inserting ‘‘section 

9 106(b)(2)(A)(i)’’; 

10 (v) in clause (iii)(IV), by striking ‘‘sec11 tion 106(b)(2)(B)(iii)’’ and inserting ‘‘sec12 tion 106(b)(2)(D)(ii)’’; and 

13 (vi) in clause (v), by striking ‘‘section 

14 106(b)(2)(B)(iii)’’ and inserting ‘‘section 

15 106(b)(2)(D)(ii)’’; 

16 (D) in subparagraph (E), by striking ‘‘sec17 tion 106(b)(2)(B)(ii)’’ and inserting ‘‘section 

18 106(b)(2)(D)(i)’’; and 

19 (E) in subparagraph (G)(ii), by striking 

20 ‘‘clauses (ii) and (iii) of section 106(b)(2)(B)’’ 

21 and inserting ‘‘clauses (i) and (ii) of section 

22 106(b)(2)(D)’’. 

23 (3) SECTION 114.—Section 114(1)(B) (42 U.S.C. 

24 5108(1)(B)) is amended by striking ‘‘clauses (ii) and 
471 

•HR 925 EAH 

1 (iii) of section 106(b)(2)(B)’’ and inserting ‘‘clauses 

2 (i) and (ii) of section 106(b)(2)(D)’’. 

3 (4) TABLE OF CONTENTS.—The table of contents 

4 in section 1(b) of the Child Abuse Prevention and 

5 Treatment Act is amended— 

6 (A) by striking the items relating to sections 

7 2 and 102; 

8 (B) by inserting after the item relating to 

9 section 114 the following: 

‘‘Sec. 115. Electronic interstate data exchange system.’’; and 

10 (C) by striking the item relating to section 

11 110, and inserting the following: 

‘‘Sec. 110. Study and report relating to scaling evidence-based treatment of child 

abuse and neglect; study and report on marital age of consent; 

study and report on State mandatory reporting laws.’’. 

12 Subtitle B—Community-based 

13 Grants for the Prevention of 

14 Child Abuse and Neglect 

15 SEC. 121. PURPOSE AND AUTHORITY. 

16 Section 201 of the Child Abuse Prevention and Treat17 ment Act (42 U.S.C. 5116) is amended to read as follows: 

18 ‘‘SEC. 201. PURPOSE AND AUTHORITY. 

19 ‘‘(a) PURPOSE.—It is the purpose of this title— 

20 ‘‘(1) to support community-based efforts to de21 velop, operate, expand, enhance, evaluate, and coordi22 nate initiatives, programs, and activities to strength23 en families and prevent child abuse and neglect; 
472 

•HR 925 EAH 

1 ‘‘(2) to support the development of a State strat2 egy to address unmet need and the coordination of 

3 State, regional, and local resources and activities to 

4 better strengthen and support families to reduce the 

5 likelihood of child abuse and neglect; and 

6 ‘‘(3) to support local programs in increasing the 

7 ability of diverse populations with demonstrated need, 

8 including low-income families, racial and ethnic mi9 norities, families with children or caregivers with dis10 abilities, underserved communities, and rural commu11 nities, to access a continuum of preventive services 

12 that strengthen families in order to more effectively 

13 prevent child abuse and neglect. 

14 ‘‘(b) AUTHORITY.—The Secretary shall make grants 

15 under this title on a formula basis to the entity designated 

16 by the State as the lead entity (referred to in this title as 

17 the ‘lead entity’) under section 202(1) for the following pur18 poses— 

19 ‘‘(1) supporting local programs in providing 

20 community-based family strengthening services de21 signed to prevent child abuse and neglect that help 

22 families build protective factors linked to the preven23 tion of child abuse and neglect, such as knowledge of 

24 parenting and child development, parental resilience, 

25 social connections, time-limited and need-based con-
473 

•HR 925 EAH 

1 crete support, and social and emotional development 

2 of children, that— 

3 ‘‘(A) are effective, culturally appropriate, 

4 and accessible to diverse populations with dem5 onstrated need; 

6 ‘‘(B) build upon existing strengths; 

7 ‘‘(C) offer assistance to families; 

8 ‘‘(D) provide early, comprehensive support 

9 for parents; 

10 ‘‘(E) promote the development of healthy fa11 milial relationships and parenting skills, espe12 cially in young parents and parents with very 

13 young children; 

14 ‘‘(F) increase family stability; 

15 ‘‘(G) improve family access to other formal 

16 and informal community-based resources, such 

17 as providing referrals to early health and devel18 opmental services, mental health services, and 

19 time-limited and need-based concrete supports, 

20 including for homeless families and those at-risk 

21 of homelessness; 

22 ‘‘(H) support the additional needs of fami23 lies with children or caregivers with disabilities 

24 through respite care and other services; and 
474 

•HR 925 EAH 

1 ‘‘(I) demonstrate a commitment to the con2 tinued leadership of parents in the planning, 

3 program implementation, and evaluation of the 

4 lead entity and local programs funded under this 

5 title, including involvement of parents of chil6 dren with disabilities, parents who are individ7 uals with disabilities, racial and ethnic minori8 ties, and members of other underrepresented or 

9 underserved groups; 

10 ‘‘(2) promoting the development of a continuum 

11 of preventive services that strengthen families and 

12 promote child, parent, family, and community well13 being, through the development of State and local net14 works, including collaboration and coordination be15 tween local programs and public agencies and private 

16 entities that utilize culturally responsive providers; 

17 ‘‘(3) financing the start-up, maintenance, expan18 sion, or redesign of core services described in section 

19 205(b)(3) where communities have identified and de20 cided to address unmet need identified in the inven21 tory described in section 204(3), to the extent prac22 ticable given funding levels and community priorities; 

23 ‘‘(4) maximizing funding through leveraging 

24 Federal, State, local, and private funds to carry out 

25 the purposes of the title; 
475 

•HR 925 EAH 

1 ‘‘(5) financing public information activities, 

2 which may include activities to increase public 

3 awareness and education, and developing comprehen4 sive outreach strategies to engage diverse populations 

5 with demonstrated need, that focus on the healthy and 

6 positive development of parents and children; and 

7 ‘‘(6) to the extent practicable— 

8 ‘‘(A) promoting the development, enhance9 ment, expansion, and implementation of a state10 wide strategy to address the unmet need identi11 fied in the inventory described in section 204(3), 

12 with input from relevant stakeholders, to scale 

13 evidence-based and evidence-informed commu14 nity-based family strengthening services designed 

15 to prevent child abuse and neglect; and 

16 ‘‘(B) addressing and supporting the capac17 ity of local programs to strengthen families and 

18 prevent child abuse and neglect through technical 

19 assistance, professional development, and collabo20 ration between local programs.’’. 

21 SEC. 122. ELIGIBILITY. 

22 Section 202 of the Child Abuse Prevention and Treat23 ment Act (42 U.S.C. 5116a) is amended— 

24 (1) in paragraph (1)— 
476 

•HR 925 EAH 

1 (A) in subparagraph (A), by inserting ‘‘, 

2 taking into consideration the capacity and ex3 pertise of eligible entities,’’ after ‘‘State’’; 

4 (B) in subparagraph (B), by striking ‘‘par5 ents who are’’ and all that follows and inserting 

6 ‘‘parents who are or who have been consumers of 

7 preventive supports and who can provide leader8 ship in the planning, implementation, and eval9 uation of programs and policy decisions of the 

10 lead entity in accomplishing the desired out11 comes of such efforts; and’’; 

12 (C) in subparagraph (C)— 

13 (i) by inserting ‘‘local,’’ after ‘‘State,’’; 

14 and 

15 (ii) by striking ‘‘and’’ at the end; and 

16 (D) by striking subparagraph (D); 

17 (2) in paragraph (2)— 

18 (A) in subparagraph (A), by striking ‘‘com19 posed of’’ and all that follows through the semi20 colon at the end and inserting ‘‘carried out by 

21 local, collaborative, public-private partner22 ships;’’; and 

23 (B) in subparagraph (C)— 

24 (i) by inserting ‘‘local,’’ after ‘‘State,’’; 

25 and 
477 

•HR 925 EAH 

1 (ii) by striking ‘‘and’’ at the end; 

2 (3) in paragraph (3)— 

3 (A) by striking subparagraph (A) and in4 serting the following: 

5 ‘‘(A) has demonstrated commitment to the 

6 continued leadership of parents in the develop7 ment, operation, evaluation, and oversight of 

8 State and local efforts to support community9 based family strengthening services designed to 

10 prevent child abuse and neglect;’’; 

11 (B) in subparagraph (B), by striking ‘‘com12 munity-based and prevention-focused programs 

13 and activities designed to strengthen and support 

14 families’’ and inserting ‘‘community-based fam15 ily strengthening services designed’’; 

16 (C) in subparagraph (C)— 

17 (i) by striking ‘‘community-based and 

18 prevention-focused programs and activities 

19 designed to strengthen and support families 

20 to prevent child abuse and neglect’’ and in21 serting ‘‘local programs’’; and 

22 (ii) by striking ‘‘and’’ at the end; and 

23 (D) by striking subparagraph (D) and in24 serting the following: 
478 

•HR 925 EAH 

1 ‘‘(D) will integrate efforts with individuals 

2 and organizations experienced in working in 

3 partnership with families with children with dis4 abilities or parents with disabilities, diverse pop5 ulations with demonstrated need, sexual and 

6 gender minority youth, victims of domestic vio7 lence, and with the child abuse and neglect pre8 vention activities in the State, and demonstrate 

9 a financial commitment to those activities; and 

10 ‘‘(E) will take into consideration access for 

11 diverse populations and unmet need when dis12 tributing funds to local programs under section 

13 205; and’’; and 

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

15 ‘‘(4) the Governor of the State provides an assur16 ance that, in issuing regulations in consultation with 

17 the lead entity to improve the delivery of community18 based family strengthening services designed to pro19 mote child, family, and community well-being, and to 

20 prevent child abuse and neglect, the State will— 

21 ‘‘(A) take into account how such regulations 

22 will impact activities funded under this Act; and 

23 ‘‘(B) where appropriate, attempt to avoid 

24 duplication of efforts, minimize costs of compli-
479 

•HR 925 EAH 

1 ance with such regulations, and maximize local 

2 flexibility with respect to such regulations.’’. 

3 SEC. 123. AMOUNT OF GRANT. 

4 Section 203 of the Child Abuse Prevention and Treat5 ment Act (42 U.S.C. 5116b) is amended— 

6 (1) by adding at the end of subsection (a) the fol7 lowing: ‘‘For any fiscal year for which the amount 

8 appropriated under section 210(a) exceeds the amount 

9 appropriated under such section for fiscal year 2019 

10 by more than $2,000,000, the Secretary shall increase 

11 the reservation described in this subsection to 5 per12 cent of the amount appropriated under section 210(a) 

13 for the fiscal year for the purpose described in the 

14 preceding sentence.’’; 

15 (2) in subsection (b)(1)(A), by striking 

16 ‘‘$175,000’’ and inserting ‘‘$200,000’’; and 

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

18 ‘‘(d) LIMITATION.—For any fiscal year for which the 

19 amount allotted to a State under subsection (b) exceeds the 

20 amount allotted to the State under such subsection for fiscal 

21 year 2019, the State’s lead entity may use not more than 

22 10 percent of such excess amount for administrative ex23 penses.’’. 
480 

•HR 925 EAH 

1 SEC. 124. APPLICATION. 

2 Section 204 of the Child Abuse Prevention and Treat3 ment Act (42 U.S.C. 5116d) is amended to read as follows: 

4 ‘‘SEC. 204. APPLICATION. 

5 ‘‘A grant may not be made to a State under this title 

6 unless an application therefore is submitted by the lead en7 tity to the Secretary and such application contains the 

8 types of information specified by the Secretary as essential 

9 to carrying out the provisions of section 202, including— 

10 ‘‘(1) a description of the lead entity that will be 

11 responsible for the administration of funds provided 

12 under this title and the oversight of community-based 

13 family strengthening services designed to prevent 

14 child abuse and neglect that receive assistance from 

15 the lead entity in accordance with section 205; 

16 ‘‘(2) a description of how community-based fam17 ily strengthening services designed to prevent child 

18 abuse and neglect supported by the lead entity will 

19 operate, including how local programs that receive as20 sistance from the lead entity and public agencies and 

21 private entities that promote child, parent, family, 

22 and community well-being will be integrated into a 

23 developing continuum of family centered, holistic, 

24 preventive services for children and families; 

25 ‘‘(3) a description of the inventory of current 

26 unmet need and current community-based family 
481 

•HR 925 EAH 

1 strengthening services designed to prevent child abuse 

2 and neglect, and other family resource services oper3 ating in the State, including a description of how the 

4 lead entity plans to address unmet need in under5 served areas; 

6 ‘‘(4) a budget for the development, operation, 

7 and expansion of the community-based family 

8 strengthening services designed to prevent child abuse 

9 and neglect that verifies that the State will expend in 

10 non-Federal funds an amount equal to not less than 

11 20 percent of the amount received under this title (in 

12 cash, not in-kind) for activities under this title; 

13 ‘‘(5) an assurance that funds received under this 

14 title will supplement, not supplant, other State and 

15 local public funds designated for the start-up, mainte16 nance, expansion, and redesign of community-based 

17 family strengthening services designed to prevent 

18 child abuse and neglect; 

19 ‘‘(6) a description of the lead entity’s capacity 

20 and commitment to ensure the continued leadership of 

21 parents who are or have been consumers of preventive 

22 supports, including parents of diverse populations 

23 with demonstrated need, family advocates, and adult 

24 former victims of child abuse or neglect, in the plan25 ning, implementation, and evaluation of the pro-
482 

•HR 925 EAH 

1 grams and policy decisions of the lead entity in ac2 complishing the desired outcomes for such efforts; 

3 ‘‘(7) a description of the criteria that the lead 

4 entity will use to identify communities in which to 

5 provide services, and select and fund local programs 

6 in accordance with section 205, including how the 

7 lead entity will take into consideration the local pro8 gram’s ability to— 

9 ‘‘(A) collaborate with other community10 based organizations and service providers and 

11 engage in long-term and strategic planning to 

12 support the development of a continuum of pre13 ventive services that strengthen families; 

14 ‘‘(B) meaningfully partner with parents in 

15 the development, implementation, and evaluation 

16 of services; 

17 ‘‘(C) reduce barriers to access to commu18 nity-based family strengthening services designed 

19 to prevent child abuse and neglect, including for 

20 diverse populations with demonstrated need; and 

21 ‘‘(D) incorporate evidence-based or evidence22 informed practices, to the extent practicable; 

23 ‘‘(8) a description of outreach activities that the 

24 lead entity and local programs will undertake to 

25 maximize the participation of low-income families, 
483 

•HR 925 EAH 

1 racial and ethnic minorities, children and adults 

2 with disabilities, sexual and gender minority youth, 

3 victims of domestic violence, homeless families and 

4 those at risk of homelessness, families experiencing 

5 complex needs, and members of other underserved or 

6 underrepresented groups; 

7 ‘‘(9) a plan for providing operational support, 

8 training, and technical assistance to local programs, 

9 which may include coordination with public agencies 

10 and private entities that promote child, parent, and 

11 family well-being to support increased access to a 

12 continuum of preventive services that strengthen and 

13 support families to prevent child abuse and neglect; 

14 ‘‘(10) a description of how the performance of the 

15 lead entity and local programs will be measured in 

16 accordance with section 206; 

17 ‘‘(11) a description of the actions that the lead 

18 entity will take to inform systemic changes in State 

19 policies, practices, procedures, and regulations to im20 prove the delivery of community-based family 

21 strengthening services designed to prevent child abuse 

22 and neglect, including improved access for diverse 

23 populations with demonstrated need; and 

24 ‘‘(12) an assurance that the lead entity will pro25 vide the Secretary with reports at such time and con-
484 

•HR 925 EAH 

1 taining such information as the Secretary may re2 quire.’’. 

3 SEC. 125. LOCAL PROGRAM REQUIREMENTS. 

4 Section 205 of the Child Abuse Prevention and Treat5 ment Act (42 U.S.C. 5116e) is amended to read as follows: 

6 ‘‘SEC. 205. LOCAL PROGRAM REQUIREMENTS. 

7 ‘‘(a) IN GENERAL.—Grants or contracts made by the 

8 lead entity under this title shall be used to develop, imple9 ment, operate, expand, and enhance community-based fam10 ily strengthening services through a continuum of preven11 tive services to strengthen families and prevent child abuse 

12 and neglect in a manner that— 

13 ‘‘(1) helps families build protective factors that 

14 are linked to the prevention of child abuse and neglect 

15 to support child and family well-being, including 

16 knowledge of parenting and child development, paren17 tal resilience, social connections, time-limited and 

18 need-based concrete support, and social and emotional 

19 development of children; 

20 ‘‘(2) takes into consideration the assets and needs 

21 of communities in which they are located; and 

22 ‘‘(3) promotes coordination between local pro23 grams and public agencies and private entities that 

24 promote child, parent, and family well-being. 
485 

•HR 925 EAH 

1 ‘‘(b) LOCAL USES OF FUNDS.—Grant funds from the 

2 lead entity shall be used to develop, implement, operate, ex3 pand, and enhance community-based family strengthening 

4 services designed to prevent child abuse and neglect, which 

5 may include the following: 

6 ‘‘(1) assessing community assets and needs 

7 through a planning process that— 

8 ‘‘(A) involves other community-based orga9 nizations or agencies that have already per10 formed a needs-assessment, where possible; 

11 ‘‘(B) includes the meaningful involvement of 

12 parents; and 

13 ‘‘(C) uses information and expertise from 

14 local public agencies, local nonprofit organiza15 tions, and private sector representatives in 

16 meaningful roles; 

17 ‘‘(2) developing a comprehensive strategy to pro18 vide a continuum of preventive, family-centered serv19 ices to children and families that strengthen and sup20 port families to prevent child abuse and neglect, espe21 cially to young parents, to parents with young chil22 dren, to families in hard-to-reach areas, and to par23 ents who are adult former victims of domestic violence 

24 or child abuse or neglect, through public-private part25 nerships; 
486 

•HR 925 EAH 

1 ‘‘(3)(A) providing for core child abuse and ne2 glect prevention services, which may be provided di3 rectly by the local recipient of the grant funds or 

4 through grants or agreements with other local agen5 cies, such as— 

6 ‘‘(i) parenting support and education 

7 programs, including services that help par8 ents and other caregivers support children’s 

9 development; 

10 ‘‘(ii) mutual support and self help pro11 grams for parents and children; 

12 ‘‘(iii) parent leadership skills develop13 ment programs that support parents as 

14 leaders in their families and communities; 

15 ‘‘(ii) respite care services; 

16 ‘‘(iii) outreach and follow-up services, 

17 which may include voluntary home visiting 

18 services; and 

19 ‘‘(iv) community and social service re20 ferrals; and 

21 ‘‘(B) connecting individuals and families to 

22 additional services, including— 

23 ‘‘(i) referral to and counseling for 

24 adoption services for individuals interested 
487 

•HR 925 EAH 

1 in adopting a child or relinquishing their 

2 child for adoption; 

3 ‘‘(ii) child care, early childhood care 

4 and education, such as Head Start and 

5 Early Head Start under the Head Start 

6 Act (42 U.S.C. 9831 et seq.), and early 

7 intervention services, including early inter8 vention services for infants and toddlers 

9 with disabilities eligible for such services as 

10 defined in section 632 of the Individuals 

11 with Disabilities Education Act (20 U.S.C. 

12 1432); 

13 ‘‘(iii) referral to services and supports 

14 to meet the additional needs of families 

15 with children with disabilities and parents 

16 who are individuals with disabilities; 

17 ‘‘(iv) nutrition programs, which may 

18 include the special supplemental nutrition 

19 programs for women, infants, and children 

20 established by section 17 of the Child Nutri21 tion Act of 1966 (42 U.S.C. 1786) and the 

22 supplemental nutrition assistance program 

23 under the Food and Nutrition Act of 2008 

24 (7 U.S.C. 2011 et seq.); 
488 

•HR 925 EAH 

1 ‘‘(v) referral to educational services 

2 and workforce development activities, such 

3 as activities described in section 134 of the 

4 Workforce Innovation and Opportunity Act 

5 (29 U.S.C. 3174), adult education, includ6 ing literacy and academic tutoring, and ac7 tivities as described in section 203 of the 

8 Workforce Innovation and Opportunity Act 

9 (29 U.S.C. 3272); 

10 ‘‘(vi) self-sufficiency and life manage11 ment skills training; 

12 ‘‘(vii) community referral services, in13 cluding early developmental screening of 

14 children and mental health services; 

15 ‘‘(viii) peer counseling; and 

16 ‘‘(ix) domestic violence service pro17 grams that provide services and treatment 

18 to children and their non-abusing care19 givers; 

20 ‘‘(4) developing and maintaining leadership 

21 roles for the meaningful involvement of parents in the 

22 development, operation, evaluation, and oversight of 

23 the programs and services, including to promote ac24 cess to such programs and services in spaces familiar 

25 to families; 
489 

•HR 925 EAH 

1 ‘‘(5) providing leadership in mobilizing local 

2 public and private resources to support the provision 

3 of needed child abuse and neglect prevention program 

4 services; and 

5 ‘‘(6) coordinating with public agencies and pri6 vate entities that promote child, parent, and family 

7 well-being, including through the development of State 

8 and local networks of programs and activities to de9 velop a continuum of preventive services to strengthen 

10 families and to prevent child abuse and neglect, where 

11 appropriate. 

12 ‘‘(b) PRIORITY.—In awarding local grants under this 

13 title, a lead entity shall give priority to effective local pro14 grams serving low-income communities and those serving 

15 young parents or parents with young children, including 

16 community-based child abuse and neglect prevention pro17 grams.’’. 

18 SEC. 126. PERFORMANCE MEASURES. 

19 Section 206 of the Child Abuse Prevention and Treat20 ment Act (42 U.S.C. 5116f) is amended to read as follows: 

21 ‘‘SEC. 206. PERFORMANCE MEASURES. 

22 ‘‘A State receiving a grant under this title, through 

23 reports provided to the Secretary— 

24 ‘‘(1) shall demonstrate the effective development, 

25 operation, and expansion of community-based family 
490 

•HR 925 EAH 

1 strengthening services designed to prevent child abuse 

2 and neglect that meets the requirements of this title; 

3 ‘‘(2) shall supply an inventory and description 

4 of the services provided to families by local programs 

5 that meet identified community needs, including core 

6 and additional services as described in section 205, 

7 which description shall specify whether those services 

8 are evidence-based or evidence-informed, and which 

9 may include a description of barriers and challenges, 

10 if any, to implementing evidence-based or evidence-in11 formed services; 

12 ‘‘(3) shall demonstrate that the lead entity ad13 dressed unmet need identified by the inventory and 

14 description of current services required under section 

15 204(3) including, to the extent practicable, how the 

16 lead entity utilized a statewide strategy to address 

17 such unmet need; 

18 ‘‘(4) shall describe the number of families served, 

19 including families with children with disabilities, and 

20 parents with disabilities, and demonstrate the in21 volvement of a diverse representation of families in 

22 the design, operation, and evaluation of community23 based family strengthening services designed to pre24 vent child abuse and neglect, and in the design, oper-
491 

•HR 925 EAH 

1 ation and evaluation of the networks of such commu2 nity-based and prevention-focused programs; 

3 ‘‘(5) shall demonstrate a high level of satisfaction 

4 among families who have participated in the commu5 nity-based family strengthening services designed to 

6 prevent child abuse and neglect; 

7 ‘‘(6) shall demonstrate the establishment or 

8 maintenance of innovative funding mechanisms, at 

9 the State or local level, that blend Federal, State, 

10 local, and private funds, and innovative, inter11 disciplinary service delivery mechanisms, for the de12 velopment, operation, expansion, and enhancement of 

13 the community-based family strengthening services 

14 designed to prevent child abuse and neglect; 

15 ‘‘(7) shall describe the results of evaluation, or 

16 the outcomes of monitoring, conducted under the State 

17 program to demonstrate the effectiveness of activities 

18 conducted under this title in meeting the purposes of 

19 the program, including the number of local programs 

20 funded and the number of such programs that collabo21 rate with outside entities; and 

22 ‘‘(8) shall demonstrate an implementation plan 

23 to ensure the continued leadership of parents in the 

24 on-going planning, implementation, and evaluation 
492 

•HR 925 EAH 

1 of such community-based family strengthening serv2 ices designed to prevent child abuse and neglect.’’. 

3 SEC. 127. NATIONAL NETWORK FOR COMMUNITY-BASED 

4 FAMILY RESOURCE PROGRAMS. 

5 Section 207 of the Child Abuse Prevention and Treat6 ment Act (42 U.S.C. 5116g) is amended— 

7 (1) in the matter preceding paragraph (1), by 

8 striking ‘‘such sums as may be necessary’’ and insert9 ing ‘‘not more than 5 percent’’; and 

10 (2) in paragraph (3), by striking ‘‘community11 based and prevention-focused programs and activities 

12 designed to strengthen and support families’’ and in13 serting ‘‘community-based family strengthening serv14 ices designed’’. 

15 SEC. 128. DEFINITIONS. 

16 Section 208 of the Child Abuse Prevention and Treat17 ment Act (42 U.S.C. 5116h) is amended— 

18 (1) by redesignating paragraphs (1) and (2) as 

19 paragraphs (2) and (1), respectively, and transferring 

20 paragraph (1) as redesignated to appear before para21 graph (2) as redesignated; and 

22 (2) by striking paragraph (1) (as so redesig23 nated) and inserting the following: 

24 ‘‘(1) COMMUNITY-BASED FAMILY STRENGTH25 ENING SERVICES.—The term ‘community-based fam-
493 

•HR 925 EAH 

1 ily strengthening services’ includes family resource 

2 programs, family support programs, voluntary home 

3 visiting programs, respite care services, parenting 

4 education, mutual support programs for parents and 

5 children, parent partner programs, and other commu6 nity programs or networks of such programs that pro7 vide activities that are designed to prevent child abuse 

8 and neglect.’’. 

9 SEC. 129. RULE OF CONSTRUCTION. 

10 (a) IN GENERAL.—Title II of the Child Abuse Preven11 tion and Treatment Act (42 U.S.C. 5116 et seq.) is amend12 ed— 

13 (1) by redesignating section 209 as section 210; 

14 and 

15 (2) by inserting after section 208 the following: 

16 ‘‘SEC. 209. RULE OF CONSTRUCTION. 

17 ‘‘Nothing in this title shall be construed to prohibit 

18 grandparents, kinship care providers, foster parents, or 

19 adoptive parents from receiving or participating in services 

20 and programs under this title.’’. 

21 (b) CONFORMING AMENDMENT.—The table of contents 

22 in section 1(b) of the Child Abuse Prevention and Treat23 ment Act is amended by striking the item relating to section 

24 209 and inserting the following: 

‘‘Sec. 209. Rule of construction. 

‘‘Sec. 210. Authorization of appropriations.’’. 
494 

•HR 925 EAH 

1 SEC. 130. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 210 of the Child Abuse Prevention and Treat3 ment Act, as redesignated by section 129 of this title, is 

4 amended— 

5 (1) by striking ‘‘There are’’ and inserting the fol6 lowing: 

7 ‘‘(a) IN GENERAL.—There are’’; 

8 (2) by striking ‘‘to carry out’’ through ‘‘fiscal 

9 year 2010’’ and inserting ‘‘to carry out this title 

10 $270,000,000 for fiscal year 2021’’; 

11 (3) by striking ‘‘2011 through 2015’’ and insert12 ing ‘‘2022 through 2026’’; and 

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

14 ‘‘(b) TREATMENT OF NON-FEDERAL FUNDS IN CER15 TAIN FISCAL YEARS.—For any fiscal year for which the 

16 amount appropriated under subsection (a) exceeds the 

17 amount appropriated under such subsection for fiscal year 

18 2019, the Secretary shall consider non-Federal funds and 

19 in-kind contributions as part of the State contribution for 

20 the activities specified in section 204(4).’’. 

21 SEC. 131. STUDY AND REPORT. 

22 (a) STUDY RELATING TO NEW PREVENTION PRO23 GRAMS.— 

24 (1) IN GENERAL.—The Comptroller General of 

25 the United States shall complete a study, using data 

26 reported by States to the Secretary of Health and 
495 

•HR 925 EAH 

1 Human Services under section 206 of the Child Abuse 

2 Prevention and Treatment Act (42 U.S.C. 5116f), as 

3 amended by this title— 

4 (A) to determine how many families and 

5 children in the first 3 years after the date of the 

6 enactment of this Act are served annually 

7 through programs funded under title II of the 

8 Child Abuse Prevention and Treatment Act (42 

9 U.S.C. 5116 et seq.); and 

10 (B) to compare the number of such families 

11 and children served annually in the first 3 years 

12 after the date of the enactment of this Act to the 

13 number of such families and children served in 

14 fiscal year 2020. 

15 (2) CONTENTS.—The study required under para16 graph (1) shall include the following for each of the 

17 first 3 years after the date of the enactment of this 

18 Act: 

19 (A) An examination of how many families 

20 received evidence-based programming under title 

21 II of the Child Abuse Prevention and Treatment 

22 Act (42 U.S.C. 5116 et seq.). 

23 (B) An examination of the extent to which 

24 local programs conduct evaluations using funds 
496 

•HR 925 EAH 

1 provided under such title and the findings of 

2 such evaluations. 

3 (C) An examination of whether findings of 

4 effectiveness in evaluation studies vary by urban, 

5 suburban, or rural community type. 

6 (D) An examination of whether programs 

7 partnering with other entities are more effective 

8 than those that do not partner with other enti9 ties. 

10 (E) An examination of barriers to imple11 ment evidence-based programming or to conduct 

12 evaluations in instances where such activities do 

13 not occur. 

14 (b) REPORT.—Not later than 4 years after the date 

15 of the enactment of this Act, the Comptroller General of the 

16 United States shall submit to the Committee on Health, 

17 Education, Labor, and Pensions of the Senate and the Com18 mittee on Education and Labor of the House of Representa19 tives a report that contains the results of the study con20 ducted under paragraph (1). 

21 Subtitle C—Adoption Opportunities 

22 SEC. 141. PURPOSE. 

23 Section 201 of the Child Abuse Prevention and Treat24 ment and Adoption Reform Act of 1978 (42 U.S.C. 5111) 

25 is amended— 
497 

•HR 925 EAH 

1 (1) in the section heading, by striking ‘‘CON2 GRESSIONAL FINDINGS AND DECLARATION OF

3 PURPOSE’’ and inserting ‘‘PURPOSE’’; 

4 (2) by striking subsection (a); and 

5 (3) in subsection (b)— 

6 (A) by striking ‘‘(b) PURPOSE.—’’; 

7 (B) in the matter preceding paragraph (1), 

8 by inserting ‘‘sexual and gender minority youth’’ 

9 after ‘‘particularly older children, minority chil10 dren,’’; and 

11 (C) in paragraph (1), by inserting ‘‘services 

12 and,’’ after ‘‘post-legal adoption’’. 

13 SEC. 142. REPORT AND GUIDANCE ON UNREGULATED CUS14 TODY TRANSFERS. 

15 The Child Abuse Prevention and Treatment and Adop16 tion Reform Act of 1978 (42 U.S.C. 5111 et seq.) is amended 

17 by inserting after section 201 the following: 

18 ‘‘SEC. 202. REPORT AND GUIDANCE ON UNREGULATED CUS19 TODY TRANSFERS. 

20 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress 

21 that: 

22 ‘‘(1) Some adopted children may be at risk of ex23 periencing an unregulated custody transfer because 

24 the challenges associated with adoptions (including 

25 the child’s mental health needs and the difficulties 
498 

•HR 925 EAH 

1 many families face in acquiring support services) 

2 may lead families to seek out unregulated custody 

3 transfers. 

4 ‘‘(2) Some adopted children experience trauma, 

5 and the disruption and placement in another home by 

6 unregulated custody transfer creates additional trau7 ma and instability for children. 

8 ‘‘(3) Children who experience an unregulated 

9 custody transfer may be placed with families who 

10 have not completed required child welfare or criminal 

11 background checks or clearances. 

12 ‘‘(4) Social services agencies and courts are often 

13 unaware of the placement of children through unregu14 lated custody transfer and therefore do not conduct 

15 assessments on the child’s safety and well-being in 

16 such placements. 

17 ‘‘(5) Such lack of placement oversight places a 

18 child at risk for future abuse and increases the chance 

19 that the child may experience— 

20 ‘‘(A) abuse or neglect; 

21 ‘‘(B) contact with unsafe adults or youth; 

22 and 

23 ‘‘(C) exposure to unsafe or isolated environ24 ments. 
499 

•HR 925 EAH 

1 ‘‘(6) The caregivers with whom a child is placed 

2 through unregulated custody transfer often have no 

3 legal responsibility with respect to such child, placing 

4 the child at risk for additional unregulated custody 

5 transfers. 

6 ‘‘(7) Such caregivers also may not have complete 

7 records with respect to such child, including the 

8 child’s birth, medical, or immigration records. 

9 ‘‘(8) A child adopted through intercountry adop10 tion may be at risk of not acquiring United States 

11 citizenship if an unregulated custody transfer occurs 

12 before the adoptive parents complete all necessary 

13 steps to finalize the adoption of such child. 

14 ‘‘(9) Engaging in, or offering to engage in, un15 regulated custody transfer places children at risk of 

16 harm. 

17 ‘‘(b) REPORT TO CONGRESS.— 

18 ‘‘(1) IN GENERAL.—Not later than 1 year after 

19 the date of the enactment of this section, the Secretary 

20 of Health and Human Services shall provide to the 

21 Committee on Education and Labor of the House of 

22 Representatives, the Committee on Ways and Means 

23 of the House of Representatives, the Committee on Fi24 nance of the Senate, and the Committee on Health, 

25 Education, Labor and Pensions of the Senate a report 
500 

•HR 925 EAH 

1 on unregulated custody transfers of children, includ2 ing of adopted children. 

3 ‘‘(2) ELEMENTS.—The report required under 

4 paragraph (1) shall include— 

5 ‘‘(A) the causes, methods, and characteris6 tics of unregulated custody transfers, including 

7 the use of social media and the internet; 

8 ‘‘(B) the effects of unregulated custody 

9 transfers on children, including the lack of as10 sessment of a child’s safety and well-being by so11 cial services agencies and courts due to such un12 regulated custody transfer; 

13 ‘‘(C) the prevalence of unregulated custody 

14 transfers within each State and across all States; 

15 and 

16 ‘‘(D) recommended policies for preventing, 

17 identifying, and responding to unregulated cus18 tody transfers, including of adopted children, 

19 that include— 

20 ‘‘(i) amendments to Federal and State 

21 law to address unregulated custody trans22 fers; 

23 ‘‘(ii) amendments to child protection 

24 practices to address unregulated custody 

25 transfers; and 
501 

•HR 925 EAH 

1 ‘‘(iii) methods of providing the public 

2 information regarding adoption and child 

3 protection. 

4 ‘‘(c) GUIDANCE TO STATES.— 

5 ‘‘(1) IN GENERAL.—Not later than 180 days 

6 after the date specified in subsection (b)(1), the Sec7 retary shall issue guidance and technical assistance to 

8 States related to preventing, identifying, and respond9 ing to unregulated custody transfers, including of 

10 adopted children. 

11 ‘‘(2) ELEMENTS.—The guidance required under 

12 paragraph (1) shall include— 

13 ‘‘(A) education materials related to pre14 venting, identifying, and responding to unregu15 lated custody transfers for employees of State, 

16 local, and Tribal agencies that provide child wel17 fare services; 

18 ‘‘(B) guidance on appropriate pre-adoption 

19 education and post-adoption services for domes20 tic and international adoptive families to pro21 mote child permanency; and 

22 ‘‘(C) the assistance available through the 

23 National Resource Center for Special Needs 

24 Adoption under section 203(b)(9). 

25 ‘‘(d) DEFINITIONS.—In this section: 
502 

•HR 925 EAH 

1 ‘‘(1) STATE.—The term ‘State’ means each of the 

2 several States, the District of Columbia, and any 

3 commonwealth, territory, or possession of the United 

4 States. 

5 ‘‘(2) UNREGULATED CUSTODY TRANSFER.—The 

6 term ‘unregulated custody transfer’ means the aban7 donment of a child, by the child’s parent, legal guard8 ian, or a person or entity acting on behalf, and with 

9 the consent, of such parent or guardian— 

10 ‘‘(A) by placing a child with a person who 

11 is not— 

12 ‘‘(i) the child’s parent, step–parent, 

13 grandparent, adult sibling, legal guardian, 

14 or other adult relative; 

15 ‘‘(ii) a friend of the family who is an 

16 adult and with whom the child is familiar; 

17 or 

18 ‘‘(iii) a member of the Federally recog19 nized Indian tribe of which the child is also 

20 a member; 

21 ‘‘(B) with the intent of severing the rela22 tionship between the child and the parent or 

23 guardian of such child; and 

24 ‘‘(C) without— 
503 

•HR 925 EAH 

1 ‘‘(i) reasonably ensuring the safety of 

2 the child and permanency of the placement 

3 of the child, including by conducting an of4 ficial home study, background check, and 

5 supervision; and 

6 ‘‘(ii) transferring the legal rights and 

7 responsibilities of parenthood or guardian8 ship under applicable Federal and State 

9 law to a person described in subparagraph 

10 (A).’’. 

11 SEC. 143. INFORMATION AND SERVICES. 

12 (a) NATIONAL RESOURCE CENTER FOR SPECIAL

13 NEEDS ADOPTION.—Section 203(b)(9) of the Child Abuse 

14 Prevention and Treatment and Adoption Reform Act of 

15 1978 (42 U.S.C. 5113(b)(9)) is amended by inserting ‘‘not 

16 later than 2 years after the date of the enactment of the 

17 Human Services and Community Supports Act, establish 

18 and’’ before ‘‘maintain’’. 

19 (b) PLACEMENT WITH ADOPTIVE FAMILIES.—Section 

20 203(b)(11)(C) of the Child Abuse Prevention and Treatment 

21 and Adoption Reform Act of 1978 (42 U.S.C. 

22 5113(b)(11)(C)) is amended by striking ‘‘such children’’ 

23 and inserting ‘‘the children and youth described in the mat24 ter preceding paragraph (1) of section 201’’. 
504 

•HR 925 EAH 

1 (c) PRE-ADOPTION SERVICES.—Section 203(c)(1) of 

2 the Child Abuse Prevention and Treatment and Adoption 

3 Reform Act of 1978 (42 U.S.C. 5113(c)(1)) is amended by 

4 striking ‘‘post’’ and inserting ‘‘pre- and post-’’. 

5 (d) SERVICES.—Section 203(c)(2) of the Child Abuse 

6 Prevention and Treatment and Adoption Reform Act of 

7 1978 (42 U.S.C. 5113(c)(2)) is amended by inserting ‘‘and 

8 the development of such services,’’ after ‘‘not supplant, serv9 ices’’. 

10 (e) ELIMINATION OF BARRIERS TO ADOPTION ACROSS

11 JURISDICTIONAL BOUNDARIES.—Section 203(e)(1) of the 

12 Child Abuse Prevention and Treatment and Adoption Re13 form Act of 1978 (42 U.S.C. 5113(e)(1)) is amended— 

14 (1) by striking ‘‘with, States,’’ and inserting 

15 ‘‘with States, Indian Tribes,’’; and 

16 (2) by inserting ‘‘, including through the use of 

17 web-based tools such as the electronic interstate case18 processing system referred to in section 437(g) of the 

19 Social Security Act (42 U.S.C. 629g(g))’’ before the 

20 period at the end. 

21 SEC. 144. STUDY AND REPORT ON SUCCESSFUL ADOP22 TIONS. 

23 Section 204 of the Child Abuse Prevention and Treat24 ment and Adoption Reform Act of 1978 (42 U.S.C. 5114) 

25 is amended to read as follows: 
505 

•HR 925 EAH 

1 ‘‘SEC. 204. STUDY AND REPORT ON SUCCESSFUL ADOP2 TIONS. 

3 ‘‘(a) STUDY.—The Secretary shall conduct a study (di4 rectly or by grant to, or contract with, public or private 

5 nonprofit research agencies or organizations) on adoption 

6 outcomes and the factors (including parental substance use 

7 disorder) affecting those outcomes. 

8 ‘‘(b) REPORT.—Not later than the date that is 36 

9 months after the date of the enactment of the Human Serv10 ices and Community Supports Act the Secretary shall sub11 mit a report to Congress that includes the results of the 

12 study required under subsection (a).’’. 

13 SEC. 145. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 205(a) of the Child Abuse Prevention and 

15 Treatment and Adoption Reform Act of 1978 (42 U.S.C. 

16 5115(a)) is amended— 

17 (1) by striking ‘‘fiscal year 2010’’ and inserting 

18 ‘‘fiscal year 2021’’; and 

19 (2) by striking ‘‘fiscal years 2011 through 2015’’ 

20 and inserting ‘‘fiscal years 2022 through 2026’’. 

21 Subtitle D—Amendments to Other 

22 Laws 

23 SEC. 151. TECHNICAL AND CONFORMING AMENDMENTS TO 

24 OTHER LAWS. 

25 (a) HEAD START ACT.—Section 658E(c)(2)(L) of the 

26 Head Start Act (42 U.S.C. 9858c(c)(2)(L)) is amended by 
506 

•HR 925 EAH 

1 striking ‘‘will comply with the child abuse reporting re2 quirements of section 106(b)(2)(B)(i) of the Child Abuse 

3 Prevention and Treatment Act (42 U.S.C. 

4 5106a(b)(2)(B)(i))’’ and inserting ‘‘will comply with the 

5 child abuse reporting requirements of section 

6 106(b)(2)(A)(i) of the Child Abuse Prevention and Treat7 ment Act (42 U.S.C. 5106a(b)(2)(A)(i))’’. 

8 (b) VICTIMS OF CRIME ACT OF 1984.—Section 1404A 

9 of the Victims of Crime Act of 1984 (34 U.S.C. 20104) is 

10 amended by striking ‘‘section 109’’ and inserting ‘‘section 

11 107’’. 

12 TITLE II—CHILD NUTRITION 

13 AND THE SPECIAL SUPPLE14 MENTAL NUTRITION PRO15 GRAM FOR WOMEN, INFANTS, 

16 AND CHILDREN 

17 SEC. 201. EMERGENCY COSTS FOR CHILD NUTRITION PRO18 GRAMS DURING COVID–19 PANDEMIC. 

19 (a) USE OF CERTAIN APPROPRIATIONS TO COVER

20 EMERGENCY OPERATIONAL COSTS UNDER SCHOOL MEAL

21 PROGRAMS.— 

22 (1) IN GENERAL.— 

23 (A) REQUIRED ALLOTMENTS.—Notwith24 standing any other provision of law, the Sec25 retary shall allocate to each State that partici-
507 

•HR 925 EAH 

1 pates in the reimbursement program under para2 graph (3) such amounts as may be necessary to 

3 carry out reimbursements under such paragraph 

4 for each reimbursement month, including, subject 

5 to paragraph (4)(B), administrative expenses 

6 necessary to make such reimbursements. 

7 (B) GUIDANCE WITH RESPECT TO PRO8 GRAM.—Not later than 10 days after the date of 

9 the enactment of this section, the Secretary shall 

10 issue guidance with respect to the reimbursement 

11 program under paragraph (3). 

12 (2) REIMBURSEMENT PROGRAM APPLICATION.— 

13 To participate in the reimbursement program under 

14 paragraph (3), not later than 30 days after the date 

15 described in paragraph (1), a State shall submit an 

16 application to the Secretary that includes a plan to 

17 calculate and disburse reimbursements under the re18 imbursement program under paragraph (3). 

19 (3) REIMBURSEMENT PROGRAM.—Using the 

20 amounts allocated under paragraph (1)(A), a State 

21 participating in the reimbursement program under 

22 this paragraph shall make reimbursements for emer23 gency operational costs for each reimbursement month 

24 as follows: 
508 

•HR 925 EAH 

1 (A) For each new school food authority in 

2 the State for the reimbursement month, an 

3 amount equal to 55 percent of the amount equal 

4 to— 

5 (i) the average monthly amount such 

6 new school food authority was reimbursed 

7 under the reimbursement sections for meals 

8 and supplements served by such new school 

9 food authority during the alternate period; 

10 minus 

11 (ii) the amount such new school food 

12 authority was reimbursed under the reim13 bursement sections for meals and supple14 ments served by such new school food au15 thority during such reimbursement month. 

16 (B) For each school food authority not de17 scribed in subparagraph (A) in the State for the 

18 reimbursement month, an amount equal to 55 

19 percent of— 

20 (i) the amount such school food author21 ity was reimbursed under the reimburse22 ment sections for meals and supplements 

23 served by such school food authority for the 

24 month beginning one year before such reim25 bursement month; minus 
509 

•HR 925 EAH 

1 (ii) the amount such school food au2 thority was reimbursed under the reim3 bursement sections for meals and supple4 ments served by such school food authority 

5 during such reimbursement month. 

6 (4) TREATMENT OF FUNDS.— 

7 (A) AVAILABILITY.—Funds allocated to a 

8 State under paragraph (1)(A) shall remain 

9 available until June 30, 2021. 

10 (B) ADMINISTRATIVE EXPENSES.—A State 

11 may reserve not more than 1 percent of the funds 

12 allocated under paragraph (1)(A) for adminis13 trative expenses to carry out this subsection. 

14 (C) UNEXPENDED BALANCE.—On December 

15 31, 2021, any amounts allocated to a State 

16 under paragraph (1)(A) or reimbursed to a 

17 school food authority or new school food author18 ity under paragraph (3) that are unexpended by 

19 such State, school food authority, or new school 

20 food authority shall revert to the Secretary. 

21 (5) REPORTS.—Each State that carries out a re22 imbursement program under paragraph (3) shall, not 

23 later than December 31, 2021, submit a report to the 

24 Secretary that includes a summary of the use of such 
510 

•HR 925 EAH 

1 funds by the State and each school food authority and 

2 new school food authority in such State. 

3 (b) USE OF CERTAIN APPROPRIATIONS TO COVER

4 CHILD AND ADULT CARE FOOD PROGRAM CHILD CARE

5 OPERATIONAL EMERGENCY COSTS DURING COVID–19 

6 PANDEMIC.— 

7 (1) IN GENERAL.— 

8 (A) REQUIRED ALLOTMENTS.—Notwith9 standing any other provision of law, the Sec10 retary shall allocate to each State that partici11 pates in the reimbursement program under para12 graph (3) such amounts as may be necessary to 

13 carry out reimbursements under such paragraph 

14 for each reimbursement month, including, subject 

15 to paragraph (4)(C), administrative expenses 

16 necessary to make such reimbursements. 

17 (B) GUIDANCE WITH RESPECT TO PRO18 GRAM.—Not later than 10 days after the date of 

19 the enactment of this section, the Secretary shall 

20 issue guidance with respect to the reimbursement 

21 program under paragraph (3). 

22 (2) REIMBURSEMENT PROGRAM APPLICATION.— 

23 To participate in the reimbursement program under 

24 paragraph (3), not later than 30 days after the date 

25 described in paragraph (1), a State shall submit an 
511 

•HR 925 EAH 

1 application to the Secretary that includes a plan to 

2 calculate and disburse reimbursements under the re3 imbursement program under paragraph (3). 

4 (3) REIMBURSEMENT AMOUNT.—Using the 

5 amounts allocated under paragraph (1)(A), a State 

6 participating in the reimbursement program under 

7 this paragraph shall make reimbursements for child 

8 care operational emergency costs for each reimburse9 ment month as follows: 

10 (A) For each new covered institution in the 

11 State for the reimbursement month, an amount 

12 equal to 55 percent of— 

13 (i) the average monthly amount such 

14 covered institution was reimbursed under 

15 subsection (c) and subsection (f) of section 

16 17 of the Richard B. Russell National 

17 School Lunch Act (42 U.S.C. 1766) for 

18 meals and supplements served by such new 

19 covered institution during the alternate pe20 riod; minus 

21 (ii) the amount such covered institu22 tion was reimbursed under such section for 

23 meals and supplements served by such new 

24 covered institution during such reimburse25 ment month. 
512 

•HR 925 EAH 

1 (B) For each covered institution not de2 scribed in subparagraph (A) in the State for the 

3 reimbursement month, an amount equal to 55 

4 percent of— 

5 (i) the amount such covered institution 

6 was reimbursed under subsection (c) and 

7 subsection (f) of section 17 of the Richard 

8 B. Russell National School Lunch Act (42 

9 U.S.C. 1766) for meals and supplements 

10 served by such covered institution during 

11 the month beginning one year before such 

12 reimbursement month; minus 

13 (ii) the amount such covered institu14 tion was reimbursed under such section for 

15 meals and supplements served by such cov16 ered institution during such reimbursement 

17 month. 

18 (C) For each new sponsoring organization 

19 of a family or group day care home in the State 

20 for the reimbursement month, an amount equal 

21 to 55 percent of— 

22 (i) the average monthly amount such 

23 new sponsoring organization of a family or 

24 group day care home was reimbursed under 

25 section 17(f)(3)(B) of the Richard B. Russell 
513 

•HR 925 EAH 

1 National School Lunch Act (42 U.S.C. 

2 1766(f)(3)(B)) for administrative funds for 

3 the alternate period; minus 

4 (ii) the amount such new sponsoring 

5 organization of a family or group day care 

6 home was reimbursed under such section for 

7 administrative funds for the reimbursement 

8 month. 

9 (D) For each sponsoring organization of a 

10 family or group day care home not described in 

11 subparagraph (C) in the State for the reimburse12 ment month, an amount equal to 55 percent of— 

13 (i) the amount such sponsoring organi14 zation of a family or group day care home 

15 was reimbursed under section 17(f)(3)(B) of 

16 the Richard B. Russell National School 

17 Lunch Act (42 U.S.C. 1766(f)(3)(B)) for ad18 ministrative funds for the month beginning 

19 one year before such reimbursement month; 

20 minus 

21 (ii) the amount such sponsoring orga22 nization of a family or group day care 

23 home was reimbursed under such section for 

24 administrative funds for such reimburse25 ment month. 
514 

•HR 925 EAH 

1 (4) TREATMENT OF FUNDS.— 

2 (A) AVAILABILITY.—Funds allocated to a 

3 State under paragraph (1)(A) shall remain 

4 available until June 30, 2021. 

5 (B) UNAFFILIATED CENTER.—In the case of 

6 a covered institution or a new covered institu7 tion that is an unaffiliated center that is spon8 sored by a sponsoring organization and receives 

9 funds for a reimbursement month under sub10 paragraph (A) or (B), such unaffiliated center 

11 shall provide to such sponsoring organization an 

12 amount of such funds as agreed to by the spon13 soring organization and the unaffiliated center, 

14 except such amount may not be greater be than 

15 15 percent of such funds. 

16 (C) ADMINISTRATIVE EXPENSES.—A State 

17 may reserve not more than 1 percent of the funds 

18 allocated under paragraph (1)(A) for adminis19 trative expenses to carry out this subsection. 

20 (D) UNEXPENDED BALANCE.—On December 

21 31, 2021, any amounts allocated to a State 

22 under paragraph (1)(A) or reimbursed to a new 

23 covered institution, covered institution, new 

24 sponsoring organization of a family or group 

25 day care home, or sponsoring organization of a 
515 

•HR 925 EAH 

1 family or group day care home that are unex2 pended by such State, new covered institution, 

3 covered institution, new sponsoring organization 

4 of a family or group day care home, or spon5 soring organization of a family or group day 

6 care home, shall revert to the Secretary. 

7 (5) REPORTS.—Each State that carries out a re8 imbursement program under paragraph (3) shall, not 

9 later than December 31, 2021, submit a report to the 

10 Secretary that includes a summary of the use of such 

11 funds by the State and each new covered institution, 

12 covered institution, new sponsoring organization of a 

13 family or group day care home, or sponsoring organi14 zation of a family or group day care home. 

15 (c) FUNDING.—There are hereby appropriated to the 

16 Secretary, out of any funds in the Treasury not otherwise 

17 appropriated, such sum as may be necessary to carry out 

18 this section. 

19 (d) DEFINITIONS.—In this section: 

20 (1) ALTERNATE PERIOD.—The term ‘‘alternate 

21 period’’ means the period beginning January 1, 2020 

22 and ending February 29, 2020. 

23 (2) EMERGENCY OPERATIONAL COSTS.—The 

24 term ‘‘emergency operational costs’’ means the costs 
516 

•HR 925 EAH 

1 incurred by a school food authority or new school food 

2 authority— 

3 (A) during a public health emergency; 

4 (B) that are related to the ongoing oper5 ation, modified operation, or temporary suspen6 sion of operation (including administrative 

7 costs) of such school food authority or new school 

8 food authority; and 

9 (C) except as provided under subsection (a), 

10 that are not reimbursed under a Federal grant. 

11 (3) CHILD CARE OPERATIONAL EMERGENCY

12 COSTS.—The term ‘‘child care operational emergency 

13 costs’’ means the costs under the child and adult care 

14 food program under section 17 of the Richard B. Rus15 sell National School Lunch Act (42 U.S.C. 1766) in16 curred by a new covered institution, covered institu17 tion, new sponsoring organization of a family or 

18 group day care home, or sponsoring organization of 

19 a family or group day care home— 

20 (A) during a public health emergency; 

21 (B) that are related to the ongoing oper22 ation, modified operation, or temporary suspen23 sion of operation (including administrative 

24 costs) of such new covered institution, covered in25 stitution, new sponsoring organization of a fam-
517 

•HR 925 EAH 

1 ily or group day care home, sponsoring organi2 zation of a family or group day care home, or 

3 sponsoring organization of an unaffiliated cen4 ter; and 

5 (C) except as provided under subsection (b), 

6 that are not reimbursed under a Federal grant. 

7 (4) COVERED INSTITUTION.—The term ‘‘covered 

8 institution’’ means— 

9 (A) an institution (as defined in section 

10 17(a)(2) of the Richard B. Russell National 

11 School Lunch Act (42 U.S.C. 1766(a)(2))); and 

12 (B) a family or group day care home. 

13 (5) NEW COVERED INSTITUTION.—The term 

14 ‘‘new covered institution’’ means a covered institution 

15 for which no reimbursements were made for meals 

16 and supplements under section 17(c) or (f) of the 

17 Richard B. Russell National School Lunch Act (42 

18 U.S.C. 1766) with respect to the previous reimburse19 ment period. 

20 (6) NEW SCHOOL FOOD AUTHORITY.—The term 

21 ‘‘new school food authority’’ means a school food au22 thority for which no reimbursements were made under 

23 the reimbursement sections with respect to the pre24 vious reimbursement period. 
518 

•HR 925 EAH 

1 (7) NEW SPONSORING ORGANIZATION OF A FAM2 ILY OR GROUP DAY CARE.—The term ‘‘new sponsoring 

3 organization of a family or group day care’’ means 

4 a sponsoring organization of a family or group day 

5 care home for which no reimbursements for adminis6 trative funds were made under section 17(f)(3)(B) of 

7 the Richard B. Russell National School Lunch Act 

8 (42 U.S.C. 1766(f)(3)(B)) for the previous reimburse9 ment period. 

10 (8) PREVIOUS REIMBURSEMENT PERIOD.—The 

11 term ‘‘previous reimbursement period’’ means the pe12 riod beginning March 1, 2019 and ending June 30, 

13 2019. 

14 (9) PUBLIC HEALTH EMERGENCY.—The term 

15 ‘‘public health emergency’’ means a public health 

16 emergency declared pursuant to section 319 of the 

17 Public Health Service Act (42 U.S.C. 247d) resulting 

18 from the COVID–19 pandemic. 

19 (10) REIMBURSEMENT MONTH.—The term ‘‘re20 imbursement month’’ means March 2020, April 2020, 

21 May 2020, and June 2020. 

22 (11) REIMBURSEMENT SECTIONS.—The term 

23 ‘‘reimbursement sections’’ means— 

24 (A) section 4(b), section 11(a)(2), section 

25 13, and section 17A(c) of the Richard B. Russell 
519 

•HR 925 EAH 

1 National School Lunch Act (42 U.S.C. 1753(b); 

2 42 U.S.C. 1759a(a)(2); 42 U.S.C. 1761; 42 

3 U.S.C. 1766a(c)); and 

4 (B) section 4 of the Child Nutrition Act (42 

5 U.S.C. 1773). 

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

7 the Secretary of Agriculture. 

8 (13) STATE.— The term ‘‘State’’ has the mean9 ing given such term in section 12(d)(8) of the Richard 

10 B. Russell National School Lunch Act (42 U.S.C. 

11 1760(d)(8)). 

12 SEC. 202. FRESH PRODUCE FOR KIDS IN NEED. 

13 Section 2202(f)(1) of the Families First Coronavirus 

14 Response Act (42 U.S.C. 1760 note) is amended by adding 

15 at the end the following: 

16 ‘‘(E) The fresh fruit and vegetable program 

17 under section 19 of the Richard B. Russell Na18 tional School Lunch Act (42 U.S.C. 1769a).’’. 

19 SEC. 203. WIC BENEFIT FLEXIBILITY DURING COVID–19. 

20 (a) IN GENERAL.— 

21 (1) AUTHORITY TO INCREASE AMOUNT OF CASH22 VALUE VOUCHER.—During the COVID–19 public 

23 health emergency declared under section 319 of the 

24 Public Health Service Act (42 U.S.C. 247d) and in 

25 response to challenges related to such public health 
520 

•HR 925 EAH 

1 emergency, the Secretary may increase the amount of 

2 a cash-value voucher under a qualified food package 

3 to an amount less than or equal to $35. 

4 (2) APPLICATION OF INCREASED AMOUNT OF

5 CASH-VALUE VOUCHER TO STATE AGENCIES.— 

6 (A) NOTIFICATION.—An increase to the 

7 amount of a cash-value voucher under paragraph 

8 (1) shall apply to any State agency that notifies 

9 the Secretary of the intent to use such an in10 creased amount, without further application. 

11 (B) USE OF INCREASED AMOUNT.—A State 

12 agency that notifies the Secretary under sub13 paragraph (A) may use or not use the increased 

14 amount described in such subparagraph during 

15 the period beginning on the date of the notifica16 tion by the State agency under such subpara17 graph and ending on the date that is 120 days 

18 after the date of the enactment of this section. 

19 (3) APPLICATION PERIOD.—An increase to the 

20 amount of a cash-value voucher under paragraph (1) 

21 may only apply during the period beginning on the 

22 date of the enactment of this section and ending on 

23 January 31, 2021. 

24 (4) SUNSET.—The authority to make an increase 

25 to the amount of a cash-value voucher under para-
521 

•HR 925 EAH 

1 graph (1) or to use such an increased amount under 

2 paragraph (2)(B) shall terminate on the date that is 

3 120 days after the date of the enactment of this sec4 tion. 

5 (b) DEFINITIONS.— 

6 (1) CASH-VALUE VOUCHER.—The term ‘‘cash7 value voucher’’ has the meaning given the term in sec8 tion 246.2 of title 7, Code of Federal Regulations. 

9 (2) QUALIFIED FOOD PACKAGE.—The term 

10 ‘‘qualified food package’’ means the following food 

11 packages under section 246.10(e) of title 7, Code of 

12 Federal Regulations: 

13 (A) Food Package IV–Children 1 through 4 

14 years. 

15 (B) Food Package V–Pregnant and par16 tially (mostly) breastfeeding women. 

17 (C) Food Package VI–Postpartum women. 

18 (D) Food Package VII–Fully breastfeeding. 

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

20 the Secretary of Agriculture. 

21 (4) STATE AGENCY.—The term ‘‘State agency’’ 

22 has the meaning given the term in section 17(b) of the 

23 Child Nutrition Act of 1966 (42 U.S.C. 1786(b)). 
522 

•HR 925 EAH 

1 SEC. 204. COVID–19 WIC SAFETY AND MODERNIZATION. 

2 (a) ESTABLISHMENT OF TASK FORCE.—Not later than 

3 90 days after the date of the enactment of this section, the 

4 Secretary shall establish a task force on supplemental foods 

5 delivery in the special supplemental nutrition program (in 

6 this section referred to as the ‘‘Task Force’’). 

7 (b) MEMBERSHIP.— 

8 (1) COMPOSITION.—The Task Force shall be com9 posed of at least 1 member but not more than 3 mem10 bers appointed by the Secretary from each of the fol11 lowing: 

12 (A) Retailers of supplemental foods. 

13 (B) Representatives of State agencies. 

14 (C) Representatives of Indian State agen15 cies. 

16 (D) Representatives of local agencies. 

17 (E) Technology companies with experience 

18 maintaining the special supplemental nutrition 

19 program information systems and technology, 

20 including management information systems or 

21 electronic benefit transfer services. 

22 (F) Manufacturers of supplemental foods. 

23 (G) Participants in the special supple24 mental nutrition program from diverse locations. 
523 

•HR 925 EAH 

1 (H) Other organizations that have experi2 ence with and knowledge of the special supple3 mental nutrition program. 

4 (2) LIMITATION ON MEMBERSHIP.—The Task 

5 Force shall be composed of not more than 20 members. 

6 (c) DUTIES.— 

7 (1) STUDY.—The Task Force shall study meas8 ures to streamline the redemption of supplemental 

9 foods benefits that promote convenience, safety, and 

10 equitable access to supplemental foods, including in11 fant formula, for participants in the special supple12 mental nutrition program, including— 

13 (A) online and telephonic ordering and 

14 curbside pickup of, and payment for, supple15 mental foods; 

16 (B) online and telephonic purchasing of 

17 supplemental foods; 

18 (C) home delivery of supplemental foods; 

19 (D) self checkout for purchases of supple20 mental foods; and 

21 (E) other measures that limit or eliminate 

22 consumer presence in a physical store. 

23 (2) REPORT BY TASK FORCE.—Not later than 

24 September 30, 2021, the Task Force shall submit to 

25 the Secretary a report that includes— 
524 

•HR 925 EAH 

1 (A) the results of the study required under 

2 paragraph (1); and 

3 (B) recommendations with respect to such 

4 results. 

5 (3) REPORT BY SECRETARY.—Not later than 45 

6 days after receiving the report required under para7 graph (2), the Secretary shall— 

8 (A) submit to Congress a report that in9 cludes— 

10 (i) a plan with respect to carrying out 

11 the recommendations received by the Sec12 retary in such report under paragraph (2); 

13 and 

14 (ii) an assessment of whether legisla15 tive changes are necessary to carry out such 

16 plan; and 

17 (B) notify the Task Force of the submission 

18 of the report required under subparagraph (A). 

19 (4) PUBLICATION.—The Secretary shall make 

20 publicly available on the website of the Department of 

21 Agriculture— 

22 (A) the report received by the Secretary 

23 under paragraph (2); and 

24 (B) the report submitted by the Secretary 

25 under paragraph (3)(A). 
525 

•HR 925 EAH 

1 (d) TERMINATION.—The Task Force shall terminate on 

2 the date the Secretary submits the report required under 

3 paragraph (3)(A). 

4 (e) NONAPPLICABILITY OF FACA.—The Federal Advi5 sory Committee Act (5 U.S.C. App.) shall not apply to the 

6 Task Force. 

7 (f) DEFINITIONS.—In this section: 

8 (1) LOCAL AGENCY.—The term ‘‘local agency’’ 

9 has the meaning given the term in section 17(b) of the 

10 Child Nutrition Act of 1966 (42 U.S.C. 1786(b)). 

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

12 the Secretary of Agriculture. 

13 (3) SPECIAL SUPPLEMENTAL NUTRITION PRO14 GRAM.—The term ‘‘special supplemental nutrition 

15 program’’ means the special supplemental nutrition 

16 program under section 17 of the Child Nutrition Act 

17 of 1966 (42 U.S.C. 1786). 

18 (4) STATE AGENCY.—The term ‘‘State agency’’ 

19 has the meaning given the term in section 17(b) of the 

20 Child Nutrition Act of 1966 (42 U.S.C. 1786(b)). 

21 (5) SUPPLEMENTAL FOODS.—The term ‘‘supple22 mental foods’’ has the meaning given the term in sec23 tion 17(b) of the Child Nutrition Act of 1966 (42 

24 U.S.C. 1786(b)). 
526 

•HR 925 EAH 

1 SEC. 205. SERVING YOUTH IN THE CHILD AND ADULT CARE 

2 FOOD PROGRAM AT EMERGENCY SHELTERS. 

3 (a) PROGRAM FOR AT-RISK SCHOOL CHILDREN.—Be4 ginning on the date of the enactment of this section, not5 withstanding paragraph (1)(A) of section 17(r) of the Rich6 ard B. Russell National School Lunch Act (42 U.S.C. 

7 1766(r)), during the COVID–19 public health emergency 

8 declared under section 319 of the Public Health Service Act 

9 (42 U.S.C. 247d), the Secretary shall reimburse institutions 

10 that are emergency shelters under such section 17(r) (42 

11 U.S.C. 1766(r)) for meals and supplements served to indi12 viduals who at the time of such service have not attained 

13 the age of 25. 

14 (b) PARTICIPATION BY EMERGENCY SHELTERS.—Be15 ginning on the date of the enactment of this section, not16 withstanding paragraph (5)(A) section 17(t) of the Richard 

17 B. Russell National School Lunch Act (42 U.S.C. 1766(t)), 

18 during the COVID–19 public health emergency declared 

19 under section 319 of the Public Health Service Act (42 

20 U.S.C. 247d), the Secretary shall reimburse emergency shel21 ters under such section 17(t) (42 U.S.C. 1766(t)) for meals 

22 and supplements served to individuals who at the time of 

23 such service have not attained the age of 25. 

24 (c) FUNDING.—There are hereby appropriated to the 

25 Secretary, out of any funds in the Treasury not otherwise 
527 

•HR 925 EAH 

1 appropriated, such sum as may be necessary to carry out 

2 this section. 

3 (d) DEFINITIONS.—In this section: 

4 (1) EMERGENCY SHELTER.—The term ‘‘emer5 gency shelter’’ has the meaning given the term under 

6 section 17(t)(1) of the Richard B. Russell National 

7 School Lunch Act (42 U.S.C. 1766(t)(1)). 

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

9 the Secretary of Agriculture. 

10 SEC. 206. CALCULATION OF PAYMENTS AND REIMBURSE11 MENTS FOR CERTAIN CHILD NUTRITION PRO12 GRAMS. 

13 (a) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH

14 ACT.— 

15 (1) COMMODITY ASSISTANCE.—Notwithstanding 

16 any other provision of law, for purposes of providing 

17 commodity assistance to a State under section 

18 6(c)(1)(C) of the Richard B. Russell National School 

19 Lunch Act (42 U.S.C. 1755(c)(1)(C)) or cash assist20 ance in lieu of such commodity assistance under sec21 tion 16 of such Act (42 U.S.C. 1765) the Secretary 

22 shall deem the number of lunches served by school food 

23 authorities in such State during the 2020 period to 

24 be equal to the greater of the following: 
528 

•HR 925 EAH 

1 (A) The number of lunches served by such 

2 school food authorities in such State during the 

3 2019 period. 

4 (B) The number of lunches served by such 

5 school food authorities in such State during the 

6 2020 period. 

7 (2) SPECIAL ASSISTANCE PAYMENTS.—Notwith8 standing any other provision of law, in determining 

9 the number of meals served by a school for purposes 

10 of making special assistance payments to a State 

11 with respect to a school under subparagraph (B), 

12 clause (ii) or (iii) of subparagraph (C), or subpara13 graph (E)(i)(II) of section 11(a)(1) of the Richard B. 

14 Russell National School Lunch Act (42 U.S.C. 

15 1759a(a)(1)), the Secretary shall deem the number of 

16 meals served by such school during the 2020 period to 

17 be equal to the greater of the following: 

18 (A) The number of meals served by such 

19 school during the 2019 period. 

20 (B) The number of meals served by such 

21 school during the 2020 period. 

22 (b) CHILD NUTRITION ACT OF 1966.— 

23 (1) STATE ADMINISTRATIVE EXPENSES.—Not24 withstanding any other provision of law, for purposes 

25 of making payments to a State under section 7(a) of 
529 

•HR 925 EAH 

1 the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)), 

2 the Secretary shall deem the number of meals and 

3 supplements served by such school food authorities in 

4 such State during the 2020 period to be equal to the 

5 greater of the following: 

6 (A) The number of meals and supplements 

7 served by such school food authorities in such 

8 State during the 2019 period. 

9 (B) The number of meals and supplements 

10 served by such school food authorities in such 

11 State during the 2020 period. 

12 (2) TEAM NUTRITION NETWORK.—Notwith13 standing any other provision of law, for purposes of 

14 making allocations to a State under section 19(d) of 

15 the Child Nutrition Act of 1966 (42 U.S.C. 1788(d)), 

16 the Secretary shall deem the number of lunches served 

17 by school food authorities in such State during the 

18 2020 period to be equal to the greater of the following: 

19 (A) The number of lunches served by such 

20 school food authorities in such State during the 

21 2019 period. 

22 (B) The number of lunches served by such 

23 school food authorities in such State during the 

24 2020 period. 

25 (c) DEFINITIONS.—In this section: 
530 

•HR 925 EAH 

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

2 the Secretary of Agriculture. 

3 (2) 2019 PERIOD.—The term ‘‘2019 period’’ 

4 means the period beginning March 1, 2019 and end5 ing June 30, 2019. 

6 (3) 2020 PERIOD.—The term ‘‘2020 period’’ 

7 means the period beginning March 1, 2020 and end8 ing June 30, 2020. 

9 SEC. 207. REPORTING ON WAIVER AUTHORITY. 

10 (a) APPLICATION TO DOCUMENTS RECEIVED OR

11 ISSUED ON OR AFTER DATE OF ENACTMENT.—Beginning 

12 on the date of the enactment of this section, not later than 

13 10 days after the date of the receipt or issuance of each 

14 document specified in paragraph (1), (2), or (3) of this sub15 section, the Secretary of Agriculture shall make publicly 

16 available on the website of the Department of Agriculture 

17 the following documents: 

18 (1) Any request submitted by State agencies for 

19 a qualified waiver. 

20 (2) The Secretary’s approval or denial of each 

21 such request. 

22 (3) Any guidance issued by the Secretary with 

23 respect to a qualified waiver. 

24 (b) INCLUSION OF DATE WITH GUIDANCE.—With re25 spect to the guidance described in subsection (a)(3), the Sec-
531 

•HR 925 EAH 

1 retary of Agriculture shall include the date on which such 

2 guidance was issued on the publicly available website of the 

3 Department of Agriculture on such guidance. 

4 (c) APPLICATION RECEIVED OR ISSUED BEFORE DATE

5 OF ENACTMENT.—In the case of a document specified in 

6 paragraph (1), (2), or (3) of subsection (a) received or 

7 issued by the Secretary of Agriculture before the date of the 

8 enactment of this section, the Secretary of Agriculture shall, 

9 not later than 30 days after the date of the enactment of 

10 this section, make publicly available on the website of the 

11 Department of Agriculture— 

12 (1) the documents described in paragraphs (1) 

13 through (3) of subsection (a) with respect to each re14 ceived or issued document; and 

15 (2) if the Secretary issued guidance with respect 

16 to a qualified waiver issued before the date of the en17 actment of this section, the date on which such guid18 ance was issued. 

19 (d) QUALIFIED WAIVER DEFINED.—In this section, the 

20 term ‘‘qualified waiver’’ means a waiver under section 

21 2102, 2202, 2203, or 2204 of the Families First 

22 Coronavirus Response Act (Public Law 116–127). 
532 

•HR 925 EAH 

1 TITLE III—RELATED PROGRAMS 

2 SEC. 301. COMMUNITY SERVICES BLOCK GRANT ENHANCE3 MENT ACT OF 2020. 

4 (a) DISTRIBUTION OF CARES ACT FUNDS TO

5 STATES.—Section 675B(b)(3) of the Community Services 

6 Block Grant Act (42 U.S.C. 9906(b)(3)) shall not apply 

7 with respect to funds appropriated by the CARES Act 

8 (Public Law 116–136) to carry out the Community Services 

9 Block Grant Act (42 U.S.C. 9901 et seq.). 

10 (b) INCREASED POVERTY LINE.—For purposes of car11 rying out the Community Services Block Grant Act (42 

12 U.S.C. 9901 et seq.) with any funds appropriated for fiscal 

13 year 2021 for such Act, the term ‘‘poverty line’’ as defined 

14 in section 673(2) of such Act (42 U.S.C. 9902(2)) means 

15 200 percent of the poverty line otherwise applicable under 

16 such section (excluding the last sentence of such section) 

17 without regard to this subsection. 

18 (c) DISTRIBUTION OF CARES ACT FUNDS BY STATES

19 TO ELIGIBLE ENTITIES.—Funds appropriated by the 

20 CARES Act (Public Law 116–136) to carry out the Com21 munity Services Block Grant Act (42 U.S.C. 9901 et seq.) 

22 and received by a State shall be made available to eligible 

23 entities (as defined in section 673(1)(A) of such Act (42 

24 U.S.C. 9902(1)(A))) not later than either 30 days after such 
533 

•HR 925 EAH 

1 State receives such funds or 30 days after the date of the 

2 enactment of this Act, whichever occurs later. 

3 SEC. 302. FLEXIBILITY FOR THE RUNAWAY AND HOMELESS 

4 YOUTH PROGRAM. 

5 During the public health emergency declared by the 

6 Secretary of Health and Human Services under section 319 

7 of the Public Health Service Act (42 U.S.C. 247d) on Janu8 ary 31, 2020, with respect to COVID–19, and any renewal 

9 of such declaration, the Secretary may waive with respect 

10 to a current or future grantee of funds provided to carry 

11 out the Runaway and Homeless Youth Act (42 U.S.C. 

12 11201 et seq.)— 

13 (1) the 21-day maximum period for which shel14 ter may be provided applicable under section 

15 311(a)(2)(B)(i) of such Act (34 U.S.C. 

16 11211(a)(2)(B)(i)); 

17 (2) the 20-youth maximum capacity of a center 

18 or facility applicable under section 312(b)(2)(A) of 

19 such Act (34 U.S.C. 11212(b)(2)(A)) if such grantee 

20 provides an assurance that waiving such requirement 

21 would not compromise the health and safety of youth 

22 or staff and would not compromise such grantee’s 

23 ability to implement the applicable guidance issued 

24 by the Centers for Disease Control and Prevention to 

25 mitigate the spread of COVID–19, including the im-
534 

•HR 925 EAH 

1 plementation of appropriate social distancing meas2 ures; 

3 (3) the 540-day and 635-day maximum contin4 uous periods for which shelter and services may be 

5 provided applicable under section 322(a)(2) of such 

6 Act (34 U.S.C. 11222(a)(2)); 

7 (4) the 20-individual maximum capacity of a 

8 shelter or facility applicable under section 322(a)(4) 

9 of such Act (34 U.S.C. 11222(a)(4)) if such grantee 

10 provides an assurance that waiving such requirement 

11 would not compromise the health and safety of youth 

12 or staff and would not compromise such grantee’s 

13 ability to implement the applicable guidance issued 

14 by the Centers for Disease Control and Prevention to 

15 mitigate the spread of COVID–19, including the im16 plementation of appropriate social distancing meas17 ures; and 

18 (5) the 90-percent limitation on the Federal cost 

19 share applicable under section 383(a) of such Act (34 

20 U.S.C. 11274(a)). 

21 SEC. 303. EXTENSION OF CERTAIN NUTRITION FLEXIBILI22 TIES FOR OLDER AMERICANS ACT PROGRAMS 

23 NUTRITION SERVICES. 

24 (a) TRANSFER AUTHORITY.—Notwithstanding any 

25 other provision of the Older Americans Act of 1965 (42 
535 

•HR 925 EAH 

1 U.S.C. 3001 et seq.), with respect to funds received by a 

2 State for fiscal year 2021 and attributable to funds appro3 priated under paragraph (1) or (2) of section 303(b) of such 

4 Act, the State may elect in its plan under section 

5 307(a)(13) of such Act regarding part C of title III of such 

6 Act, to transfer between subpart 1 and subpart 2 of part 

7 C any amount of the funds so received notwithstanding the 

8 limitation on transfer authority provided in subparagraph 

9 (A) of section 308(b)(4) of such Act and without regard to 

10 subparagraph (B) of such section. The preceding sentence 

11 shall apply to such funds until expended by the State. 

12 (b) HOME-DELIVERED NUTRITION SERVICES WAIV13 ER.—For purposes determining eligibility for the delivery 

14 of nutrition services under section 337 of the Older Ameri15 cans Act of 1965 (42 U.S.C. 3030g) with funds received by 

16 a State under the Older Americans Act of 1965 (42 U.S.C. 

17 2001 et seq.) for fiscal 2021, the State shall treat an older 

18 individual who is unable to obtain nutrition because such 

19 individual is practicing social distancing due to the emer20 gency in the same manner as the State treats an older indi21 vidual who is homebound by reason of illness. The preceding 

22 sentence shall apply to such funds until expended by the 

23 State. 

24 (c) DIETARY GUIDELINES WAIVER.—To facilitate im25 plementation of subparts 1 and 2 of part C of title III of 
536 

•HR 925 EAH 

1 the Older Americans Act of 1965 (42 U.S.C. 3030d–2 et 

2 seq.) with funds received by a State for fiscal year 2021, 

3 the Assistant Secretary on Aging may waive, but make 

4 every effort practicable to continue to encourage the restora5 tion of, the applicable requirements that meals provided 

6 under such subparts comply with the requirements of 

7 clauses (I) and (ii) of section 339(2)(A) of such Act (42 

8 U.S.C. 3030g–21(2)(A)). The preceding sentence shall apply 

9 to such funds until expended by the State. 

10 SEC. 304. USE OF LIHEAP SUPPLEMENTAL APPROPRIA11 TIONS. 

12 Notwithstanding the Low-Income Home Energy As13 sistance Act of 1981, with respect to amounts appropriated 

14 under title VIII of division A of this Act to carry out the 

15 Low-Income Home Energy Assistance Act of 1981, each 

16 State, the Commonwealth of Puerto Rico, Guam, American 

17 Samoa, the Virgin Islands of the United States, the Com18 monwealth of the Northern Mariana Islands, and each In19 dian Tribe, as applicable, that receives an allotment of 

20 funds from such amounts shall, in using such funds, for 

21 purposes of income eligibility, accept proof of job loss or 

22 severe income loss dated after February 29, 2020, such as 

23 a layoff or furlough notice or verification of application for 

24 unemployment benefits, as sufficient to demonstrate lack of 

25 income for an individual or household. 
537 

•HR 925 EAH 

1 SEC. 305. CORPORATION FOR NATIONAL AND COMMUNITY 

2 SERVICE. 

3 (a) CNCS LEGISLATIVE FLEXIBILITIES.— 

4 (1) MATCH WAIVER.—During the period begin5 ning on the date of the enactment of this Act and end6 ing on September 30, 2022, notwithstanding any 

7 other provision of law, if a grantee of the Corporation 

8 for National and Community Service is unable to 

9 meet a requirement to provide matching funds due to 

10 funding constraints resulting from the COVID–19 na11 tional emergency, the Chief Executive Officer of the 

12 Corporation for National and Community Service 

13 may— 

14 (A) waive any requirement that such grant15 ee provide matching funds for a program; and 

16 (B) increase the Federal share of the grant 

17 for such program up to 100 percent. 

18 (2) END-OF-SERVICE CASH STIPEND.—Section 

19 3514(a)(2)(B) of the CARES Act is amended by in20 serting ‘‘, or the full value of the stipend under section 

21 105(a) of title I of the Domestic Volunteer Service Act 

22 of 1973 (42 U.S.C. 4955)’’ after ‘‘such subtitle’’. 

23 (3) SENIOR CORPS VOLUNTEER RECRUITMENT.— 

24 During the period beginning on the date of the enact25 ment and ending on September 30, 2022, notwith26 standing sections 201(a), 211(d), 211(e), and 213(a) 
538 

•HR 925 EAH 

1 of title II of the Domestic Volunteer Service Act of 

2 1973 (42 U.S.C. 5000 et seq.)— 

3 (A) an individual age 45 years or older 

4 may enroll as a volunteer to provide services 

5 under parts A, B or C of such title to address 

6 the critical needs of local communities across the 

7 country during the COVID–19 national emer8 gency; and 

9 (B) for the purposes of parts B and C of 

10 such title II, ‘‘low-income person’’ and ‘‘person 

11 of low income’’ mean any person whose income 

12 is not more than 400 percent of the poverty line 

13 for a single individual. 

14 (b) NATIONAL SERVICE EXPANSION FEASIBILITY

15 STUDY.— 

16 (1) STUDY REQUIRED.—The Corporation for Na17 tional and Community Service shall conduct a study 

18 on the feasibility of increasing the capacity of na19 tional service programs to respond to the economic 

20 and social impact on communities across the country 

21 resulting from the COVID–19 national emergency 

22 and public health crisis. 

23 (2) SCOPE OF STUDY.—In conducting the study 

24 required under paragraph (1), the Corporation for 

25 National and Community Service shall examine new 
539 

•HR 925 EAH 

1 and existing programs, partnerships, organizations, 

2 and grantees that could be utilized to respond to the 

3 COVID–19 national emergency as described in sub4 section (a), including— 

5 (A) service opportunities related to food se6 curity, education, economic opportunity, and 

7 disaster or emergency response; 

8 (B) partnerships with the Department of 

9 Health and Human Services, the Centers for 

10 Disease Control and Prevention, and public 

11 health departments in all 50 States and terri12 tories to respond to public health needs related to 

13 COVID–19 such as testing, contact tracing, or 

14 related activities; and 

15 (C) the capacity and ability of the State 

16 Commissions on National and Community Serv17 ice to respond to the needs of State and local 

18 governments in each State or territory in which 

19 such State Commission is in operation. 

20 (3) REQUIRED FACTORS OF THE STUDY.—In ex21 amining new and existing programs, partnerships, 

22 organizations, and grantees as required under para23 graph (2), the Corporation for National and Commu24 nity Service shall examine— 
540 

•HR 925 EAH 

1 (A) the cost and resources necessary related 

2 to increased capacity; 

3 (B) the timeline for implementation of any 

4 expanded partnerships or increased capacity; 

5 (C) options to use existing corps programs 

6 overseen by the Corporation for National and 

7 Community Service for increasing such capacity, 

8 and the role of programs, such as AmeriCorps, 

9 AmeriCorps VISTA, AmeriCorps National Civil10 ian Community Corps, or Senior Corps, for in11 creasing capacity; 

12 (D) the ability to increase diversity, includ13 ing economic, racial, ethnic, and gender diver14 sity, among national service volunteers and pro15 grams; 

16 (E) the geographic distribution of demand 

17 by State due to the economic or health related 

18 impacts of COVID–19 for national service volun19 teer opportunities across the country and the ad20 ditional volunteer capacity needed to meet such 

21 demand, comparing existing demand for volun22 teer opportunities to expected or realized in23 creases as a result of COVID–19; and 

24 (F) whether any additional administrative 

25 capacity at the Corporation for National and 
541 

•HR 925 EAH 

1 Community Service, such as grantee organiza2 tional capacity, is needed to respond to the in3 creased capacity of such new or existing pro4 grams, partnerships, organizations, and grant5 ees. 

6 (4) REPORTS TO CONGRESSIONAL COMMIT7 TEES.— 

8 (A) IN GENERAL.—Not later than 60 days 

9 after the date of the enactment of this Act, the 

10 Chief Executive Officer of the Corporation for 

11 National and Community Service shall submit 

12 to the congressional committees under subpara13 graph (B) a report on the results of the study 

14 under paragraph (1) with recommendations on 

15 the role for the Corporation for National and 

16 Community Service in responding to the 

17 COVID–19 national emergency, including any 

18 recommendations for legislative, regulatory, and 

19 administrative changes based on findings related 

20 to the topics identified under subsection (b). 

21 (B) CONGRESSIONAL COMMITTEES.—The 

22 congressional committees under this subpara23 graph are— 
542 

•HR 925 EAH 

1 (i) the Committee on Education and 

2 Labor and the Committee on Appropria3 tions of the House of Representatives; and 

4 (ii) the Committee on Health, Edu5 cation, Labor, and Pensions and the Com6 mittee on Appropriations of the Senate. 

7 (c) DEFINITIONS.—In this section, the following defi8 nitions apply: 

9 (1) COVID–19 NATIONAL EMERGENCY.—The 

10 term ‘‘COVID–19 national emergency’’ means the na11 tional emergency declared by the President under the 

12 National Emergencies Act (50 U.S.C. 1601 et seq.) on 

13 March 13, 2020, with respect to COVID–19. 

14 (2) GRANTEE.—The term ‘‘grantee’’ means a re15 cipient of a grant under the Domestic Volunteer Serv16 ice Act of 1973 (42 U.S.C. 4950 et seq.) or the Na17 tional and Community Service Act of 1990 (42 

18 U.S.C. 12501 et seq.) to run a program. 

19 (3) POVERTY LINE FOR A SINGLE INDIVIDUAL.— 

20 The term ‘‘poverty line for a single individual’’ has 

21 the meaning given such term in section 421 of the Do22 mestic Volunteer Service Act of 1973 (42 U.S.C. 

23 5061). 

24 (4) PROGRAM.—The term ‘‘program’’ means a 

25 program funded under the Domestic Volunteer Service 
543 

•HR 925 EAH 

1 Act of 1973 (42 U.S.C. 4950 et seq.) or the National 

2 and Community Service Act of 1990 (42 U.S.C. 

3 12501 et seq.). 

4 (5) STATE COMMISSION.—The term ‘‘State Com5 mission’’ has the meaning given such term in section 

6 101 of the National and Community Service Act (42 

7 U.S.C. 12511). 

8 SEC. 306. MATCHING FUNDS WAIVER FOR FORMULA 

9 GRANTS AND SUBGRANTS UNDER THE FAM10 ILY VIOLENCE PREVENTION AND SERVICES 

11 ACT. 

12 (a) WAIVER OF MATCHING FUNDS FOR AWARDED

13 GRANTS AND SUBGRANTS.—The Secretary of Health and 

14 Human Services shall waive— 

15 (1) the non-Federal contributions requirement 

16 under subsection (c)(4) of section 306 of the Family 

17 Violence Prevention and Services Act (42 U.S.C. 

18 10406) with respect to the grants and subgrants 

19 awarded in fiscal years 2019, 2020, and 2021 to each 

20 State (as defined in section 302 of such Act (42 

21 U.S.C. 10402)) and the eligible entities within such 

22 State under section 306 or 308 of such Act (42 U.S.C. 

23 10406; 10408); and 
544 

•HR 925 EAH 

1 (2) the reporting requirements required under 

2 such grants and subgrants that relate to such non3 Federal contributions requirement. 

4 (b) WAIVER OF MATCHING FUNDS FOR GRANTS

5 AWARDED AFTER DATE OF ENACTMENT.— 

6 (1) IN GENERAL.—Subsection (c)(4) of section 

7 306 of the Family Violence Prevention and Services 

8 Act (42 U.S.C. 10406) shall not apply to a qualified 

9 grant during the period of a public health emergency 

10 declared pursuant to section 319 of the Public Health 

11 Service Act (42 U.S.C. 247d) resulting from the 

12 COVID–19 pandemic. 

13 (2) QUALIFIED GRANT DEFINED.—In this sub14 section, the term ‘‘qualified grant’’ means a grant or 

15 subgrant awarded— 

16 (A) after the date of the enactment of this 

17 section; and 

18 (B) under section 306, 308, or 309 of the 

19 Family Violence Prevention and Services Act (42 

20 U.S.C. 10406; 10408; 10409). 

21 DIVISION E—SMALL BUSINESS 

22 PROVISIONS 

23 SEC. 100. SHORT TITLE, ETC. 

24 (a) SHORT TITLE.—This division may be cited as the 

25 ‘‘PPP and EIDL Enhancement Act of 2020’’. 
545 

•HR 925 EAH 

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this division is as follows: 

Sec. 100. Short Title, etc. 

TITLE I—FUNDING PROVISIONS 

Sec. 101. Amount authorized for commitments. 

Sec. 102. Funding for the paycheck protection program. 

Sec. 103. Direct appropriations. 

TITLE II—MODIFICATIONS TO THE PAYCHECK PROTECTION 

PROGRAM 

Sec. 201. Periods for loan forgiveness and application submission. 

Sec. 202. Supplemental covered loans for certain business concerns. 

Sec. 203. Certifications and documentation for forgiveness of covered loans. 

Sec. 204. Eligibility of certain organizations for loans under the paycheck protection program. 

Sec. 205. Limit on aggregate loan amount for eligible recipients with more than 

one physical location. 

Sec. 206. Allowable uses of covered loans; forgiveness. 

Sec. 207. Documentation required for certain eligible recipients. 

Sec. 208. Exclusion of certain publicly traded and foreign entities. 

Sec. 209. Election of 12-week period by seasonal employers. 

Sec. 210. Inclusion of certain refinancing in nonrecourse requirements. 

Sec. 211. Credit elsewhere requirements. 

Sec. 212. Prohibition on receiving duplicative amounts for payroll costs. 

Sec. 213. Application of certain terms through life of covered loan. 

Sec. 214. Interest calculation on covered loans. 

Sec. 215. Reimbursement for processing. 

Sec. 216. Duplication requirements for economic injury disaster loan recipients. 

Sec. 217. Reapplication for and modification to paycheck protection program. 

Sec. 218. Treatment of certain criminal violations. 

TITLE III—TAX PROVISIONS 

Sec. 301. Improved coordination between paycheck protection program and employee retention tax credit. 

TITLE IV—COVID–19 ECONOMIC INJURY DISASTER LOAN PROGRAM 

REFORM 

Sec. 401. Sense of Congress. 

Sec. 402. Notices to applicants for economic injury disaster loans or advances. 

Sec. 403. Modifications to emergency EIDL advances. 

Sec. 404. Data transparency, verification, and notices for economic injury disaster loans. 

Sec. 405. Lifeline funding for small business continuity, adaptation, and resiliency. 

Sec. 406. Modifications to economic injury disaster loans. 

Sec. 407. Principal and interest payments for certain disaster loans. 

Sec. 408. Training. 

Sec. 409. Outreach plan. 

Sec. 410. Report on best practices. 

Sec. 411. Extension of period of availability for administrative funds. 
546 

•HR 925 EAH 

TITLE V—MICRO-SBIC AND EQUITY INVESTMENT ENHANCEMENT 

Sec. 501. Micro-SBIC Program. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Repeal of unemployment grants. 

Sec. 602. Subsidy for certain loan payments. 

Sec. 603. Modifications to 7(a) loan programs. 

Sec. 604. Flexibility in deferral of payments of 7(a) loans. 

Sec. 605. Recovery assistance under the microloan program. 

Sec. 606. Maximum loan amount for 504 loans. 

Sec. 607. Temporary fee reductions. 

Sec. 608. Extension of participation in 8(a) program. 

Sec. 609. Report on minority, women, and rural lending. 

Sec. 610. Comprehensive program guidance. 

Sec. 611. Reports on paycheck protection program. 

Sec. 612. Prohibiting conflicts of interest for small business programs under the 

CARES Act. 

Sec. 613. Inclusion of SCORE and Veteran Business Outreach Centers in entrepreneurial development programs. 

Sec. 614. Clarification of use of CARES Act funds for small business development 

centers. 

Sec. 615. Funding for the Office of Inspector General of the Small Business Administration. 

Sec. 616. Extension of waiver of matching funds requirement under the Women’s 

Business Center program. 

Sec. 617. Access to Small Business Administration information and databases. 

Sec. 618. Small business local relief program. 

Sec. 619. Grants for independent live venue operators. 

1 (c) DEFINITIONS.—In this division: 

2 (1) ADMINISTRATION.—The term ‘‘Administra3 tion’’ means the Small Business Administration. 

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Small Busi6 ness Administration. 

7 (d) EFFECTIVE DATE; APPLICABILITY.—Except as oth8 erwise provided in this division, this division and the 

9 amendments made by this division shall take effect on the 

10 date of the enactment of this Act and shall apply to loans 

11 made, or other assistance provided, on or after the date of 

12 the enactment of this Act. 
547 

•HR 925 EAH 

1 TITLE I—FUNDING PROVISIONS 

2 SEC. 101. AMOUNT AUTHORIZED FOR COMMITMENTS. 

3 Section 1102(b)(1) of the CARES Act (Public Law 

4 116–136) is amended to read as follows: 

5 ‘‘(1) PPP LOANS.—During the period beginning 

6 on the date of enactment of this subsection and ending 

7 on December 31, 2020, subject to the availability of 

8 appropriations, the Administrator may make com9 mitments under paragraph (36) of section 7(a) of the 

10 Small Business Act (15 U.S.C. 636(a)).’’. 

11 SEC. 102. FUNDING FOR THE PAYCHECK PROTECTION PRO12 GRAM. 

13 (a) IN GENERAL.—Section 7(a)(36)(S) of the Small 

14 Business Act (15 U.S.C. 636(a)(36)(S)) is amended to read 

15 as follows: 

16 ‘‘(S) SET ASIDE FOR CERTAIN ENTITIES.— 

17 The Administrator shall provide for the cost to 

18 guarantee covered loans made under this para19 graph— 

20 ‘‘(i) a set aside of not less than 10 per21 cent of each such amount for covered 

22 loans— 

23 ‘‘(I) made to eligible recipients 

24 with 10 or fewer employees, including 

25 individuals who operate under a sole 
548 

•HR 925 EAH 

1 proprietorship or as an independent 

2 contractor and eligible self-employed 

3 individuals; or 

4 ‘‘(II) less than or equal to 

5 $250,000 made to an eligible recipient 

6 that is located in a low- or moderate7 income neighborhoods (as defined 

8 under the Community Reinvestment 

9 Act of 1977). 

10 ‘‘(ii) a set aside of not more than 30 

11 percent of each such amount for covered 

12 loan made to nonprofit organizations, orga13 nizations described in subparagraph 

14 (D)(viii), or housing cooperatives; and 

15 ‘‘(iii) a set aside of not more than 50 

16 percent of each such amount for supple17 mental covered loans made under subpara18 graph (B)(ii).’’. 

19 (b) SET ASIDE FOR COMMUNITY FINANCIAL INSTITU20 TIONS.—Of amounts appropriated by the Paycheck Protec21 tion Program and Health Care Enhancement Act (Public 

22 Law 116–139) under the heading ‘‘Small Business Admin23 istration—Business Loans Program Account, CARES Act’’ 

24 that have not been obligated or expended, the lesser of 25 

25 percent of such amounts or $15,000,000,000 shall be set 
549 

•HR 925 EAH 

1 aside for the cost to guarantee covered loans made under 

2 section 7(a)(36) of the Small Business Act (15 U.S.C. 

3 636(a)(36)) by community financial institutions (as such 

4 term is defined in subparagraph (A)(xi) of such section). 

5 (c) AMOUNTS RETURNED.—Section 7(a)(36) of the 

6 Small Business Act (15 U.S.C. 636(a)(36)) is amended by 

7 adding at the end the following new subparagraph: 

8 ‘‘(T) AMOUNTS RETURNED.—Any amounts 

9 returned to the Secretary of the Treasury due to 

10 the cancellation of a covered loan shall be solely 

11 used for the cost to guarantee covered loans made 

12 to eligible recipients with 10 or fewer employees 

13 or covered loans of less than or equal to $250,000 

14 made to an eligible recipient that is located in 

15 a low- or moderate-income neighborhoods (as de16 fined under the Community Reinvestment Act of 

17 1977).’’. 

18 SEC. 103. DIRECT APPROPRIATIONS. 

19 There is appropriated, out of amounts in the Treasury 

20 not otherwise appropriated, for additional amounts— 

21 (1) for the cost of carrying out section 407 of this 

22 division, $8,000,000,000; 

23 (2) for the cost of carrying out title V of this di24 vision, $1,000,000,000; 
550 

•HR 925 EAH 

1 (3) for the cost of carrying out section 603 and 

2 607 of this division, $1,000,000,000; 

3 (4) for the cost of carrying out section 605 of this 

4 division, $57,000,000; 

5 (5) for the cost of carrying out section 618 of this 

6 division, $15,000,000,000; and 

7 (6) for the cost of carrying out section 619 of this 

8 division, $10,000,000,000. 

9 TITLE II—MODIFICATIONS TO 

10 THE PAYCHECK PROTECTION 

11 PROGRAM 

12 SEC. 201. PERIODS FOR LOAN FORGIVENESS AND APPLICA13 TION SUBMISSION. 

14 (a) PERIOD FOR COSTS THAT ARE ELIGIBLE FOR

15 FORGIVENESS AND APPLICATION SUBMISSION.—Section 

16 1106 of the CARES Act (15 U.S.C. 9005) is amended— 

17 (1) in subsection (a), by striking paragraph (3) 

18 and inserting the following: 

19 ‘‘(3) the term ‘covered period’ means the period 

20 beginning on the date of the origination of a covered 

21 loan and ending on a date selected by the eligible re22 cipient of the covered loan that— 

23 ‘‘(A) is not earlier than the date that is 8 

24 weeks after such date of origination; and 
551 

•HR 925 EAH 

1 ‘‘(B) is not later than the date that is 24 

2 weeks after such date of origination;’’; 

3 (2) in subsection (d), by striking ‘‘December 31, 

4 2020’’ each place it appears and inserting ‘‘Sep5 tember 30, 2021’’; and 

6 (3) by striking subsection (l) and inserting the 

7 following new subsection: 

8 ‘‘(l) APPLICATION DEADLINE.—An eligible recipient 

9 may apply for forgiveness under this section any time after 

10 covered period if proceeds from a covered loan have been 

11 spent and the eligible recipient is in compliance with sub12 sections (e) and (f).’’. 

13 (b) APPLICABILITY OF AMENDMENTS.—The amend14 ments made by subsection (b) shall be effective as if included 

15 in the CARES Act (Public Law 116–136) and shall apply 

16 to any loan made pursuant to section 7(a)(36) of the Small 

17 Business Act (15 U.S.C. 636(a)(36)) or section 1109 of the 

18 CARES Act (15 U.S.C. 9008). 

19 SEC. 202. SUPPLEMENTAL COVERED LOANS FOR CERTAIN 

20 BUSINESS CONCERNS. 

21 Section 7(a)(36)(B) of the Small Business Act (15 

22 U.S.C. 636(a)(36)(B)) is amended— 

23 (1) by striking ‘‘Except’’ and inserting the fol24 lowing: 

25 ‘‘(i) IN GENERAL.—Except’’; and 
552 

•HR 925 EAH 

1 (2) by adding at the end the following new 

2 clause: 

3 ‘‘(ii) SUPPLEMENTAL COVERED

4 LOANS.— 

5 ‘‘(I) DEFINITIONS.—In this 

6 clause— 

7 ‘‘(aa) the terms ‘exchange’, 

8 ‘issuer’, and ‘security’ have the 

9 meanings given such terms in sec10 tion 3(a) of the Securities Ex11 change Act of 1934 (15 U.S.C. 

12 78c(a)); 

13 ‘‘(bb) the term ‘gross receipts’ 

14 means gross receipts within the 

15 meaning of section 448(c) of the 

16 Internal Revenue Code of 1986; 

17 ‘‘(cc) the term ‘national secu18 rities exchange’ means an ex19 change registered as a national se20 curities exchange under section 6 

21 of the Securities Exchange Act of 

22 1934 (15 U.S.C. 78f); 

23 ‘‘(dd) the term ‘publicly trad24 ed entity’ means an issuer, the se-
553 

•HR 925 EAH 

1 curities of which are listed on a 

2 national securities exchange; 

3 ‘‘(ee) the term ‘smaller con4 cern’ means an eligible recipient 

5 that— 

6 ‘‘(AA) has not more 

7 than 200 employees; 

8 ‘‘(BB) operates under a 

9 sole proprietorship or as an 

10 independent contractor; or 

11 ‘‘(CC) is an eligible self12 employed individual; and 

13 ‘‘(ff) the term ‘significant 

14 loss in revenue’ means that, due to 

15 the impact of COVID–19— 

16 ‘‘(AA) the gross receipts 

17 of the eligible recipient dur18 ing the first, second, or third 

19 calendar quarter of 2020 are 

20 less than 75 percent of the 

21 gross receipts of the eligible 

22 recipient during the same 

23 calendar quarter in 2019; 

24 ‘‘(BB) if the eligible re25 cipient was not in business 
554 

•HR 925 EAH 

1 on April 1, 2019, the gross 

2 receipts of the eligible recipi3 ent during any 2-month pe4 riod during the first 3 cal5 endar quarters of 2020 are 

6 less than 75 percent of the 

7 amount of the gross receipts 

8 of the eligible recipient dur9 ing any prior 2-month pe10 riod during the first 3 cal11 endar quarters of 2020; or 

12 ‘‘(CC) if the eligible re13 cipient is seasonal employer, 

14 as determined by the Admin15 istrator, the gross receipts of 

16 the eligible recipient during 

17 any 2-month period during 

18 the first 3 calendar quarters 

19 of 2020 are less than 75 per20 cent of the amount of the 

21 gross receipts of the eligible 

22 recipient during the same 2- 

23 month period in 2019. 

24 ‘‘(II) AUTHORITY.—Except as 

25 otherwise provided in this clause, for 
555 

•HR 925 EAH 

1 an eligible recipient that has received a 

2 covered loan under clause (i), the Ad3 ministrator may guarantee a single 

4 supplemental covered loan to the eligi5 ble recipient under the same terms, 

6 conditions, and processes as a covered 

7 loan made under clause (i). 

8 ‘‘(III) CHOICE OF LENDER.—An 

9 eligible recipient may apply for a sup10 plemental covered loan under this 

11 clause with the lender that made the 

12 covered loan under clause (i) to the eli13 gible recipient or another lender. 

14 ‘‘(IV) ELIGIBILITY.— 

15 ‘‘(aa) IN GENERAL.—A sup16 plemental covered loan under this 

17 clause— 

18 ‘‘(AA) may only be 

19 made to an eligible recipient 

20 that is a smaller concern that 

21 has had a significant loss in 

22 revenue and has used, or is 

23 expending funds at a rate 

24 that the eligible recipient will 

25 use on or before the expected 
556 

•HR 925 EAH 

1 date of the disbursement of 

2 the supplemental covered 

3 loan under this clause, the 

4 full amount of the covered 

5 loan received under clause 

6 (i); and 

7 ‘‘(BB) may not be made 

8 to a publicly traded entity. 

9 ‘‘(bb) BUSINESS CONCERNS

10 WITH MORE THAN 1 PHYSICAL LO11 CATION.— 

12 ‘‘(AA) IN GENERAL.— 

13 For purposes of a supple14 mental covered loan under 

15 this clause, subparagraph 

16 (D)(iii) shall be applied by 

17 substituting ‘not more than 

18 200 employees per physical 

19 location’ for ‘not more than 

20 500 employees per physical 

21 location’. 

22 ‘‘(BB) LIMIT FOR MUL23 TIPLE LOCATIONS.—For an 

24 eligible recipient with more 

25 than 1 physical location, the 
557 

•HR 925 EAH 

1 total amount of all supple2 mental covered loans made 

3 under this clause to the eligi4 ble recipient shall not be 

5 more than $2,000,000. 

6 ‘‘(V) MAXIMUM AMOUNT.—The 

7 maximum amount of a supplemental 

8 covered loan under this clause is the 

9 lesser of— 

10 ‘‘(aa) the product obtained 

11 by multiplying— 

12 ‘‘(AA) the average total 

13 monthly payments for pay14 roll costs by the eligible re15 cipient used to determine the 

16 maximum amount of the cov17 ered loan under clause (i) 

18 made to the eligible recipient 

19 under this paragraph, by 

20 ‘‘(BB) 2.5; or 

21 ‘‘(bb) $2,000,000. 

22 ‘‘(VI) EXCEPTION FROM CERTAIN

23 CERTIFICATION REQUIREMENTS.—An 

24 eligible recipient applying for a sup25 plemental covered loan under this 
558 

•HR 925 EAH 

1 clause shall not be required to make the 

2 certification described in clauses (iii) 

3 or (iv) of subparagraph (G). 

4 ‘‘(VII) REIMBURSEMENT FOR

5 PROCESSING SUPPLEMENTAL PPP.— 

6 For a supplemental covered loan under 

7 this clause of less than or equal to 

8 $50,000, the reimbursement under sub9 paragraph (P)(I) by the Administrator 

10 shall not be less than $2,500.’’. 

11 SEC. 203. CERTIFICATIONS AND DOCUMENTATION FOR 

12 FORGIVENESS OF COVERED LOANS. 

13 Section 1106 of the CARES Act (15 U.S.C. 9005) is 

14 amended— 

15 (1) in subsection (e), in the matter preceding 

16 paragraph (1), by striking ‘‘An eligible recipient’’ 

17 and all that follows through ‘‘an application,’’ and 

18 inserting ‘‘Subject to subsection (f), an eligible recipi19 ent applying for loan forgiveness under this section 

20 shall provide proof of the use of covered loan pro21 ceeds,’’; 

22 (2) by amending subsection (f) to read as follows: 

23 ‘‘(f) DOCUMENTATION REQUIREMENTS.—To receive 

24 loan forgiveness under this section, an eligible recipient 

25 shall comply with the following requirements: 
559 

•HR 925 EAH 

1 ‘‘(1) With respect to a covered loan in an 

2 amount less than or equal to $50,000, the eligible re3 cipient— 

4 ‘‘(A) shall certify to the Administrator that 

5 the eligible recipient has used proceeds from the 

6 covered loan in compliance with the require7 ments of section 7(a)(36) of the Small Business 

8 Act (15 U.S.C. 636(a)(36)), including a descrip9 tion of the amount of proceeds used for payroll 

10 costs (as defined in such section) and the number 

11 of employees the eligible recipient was able to re12 tain because of such covered loan; 

13 ‘‘(B) is not required to submit any docu14 mentation or application to receive forgiveness 

15 under this section; 

16 ‘‘(C) shall certify to the Administrator that 

17 the eligible recipient can make the documenta18 tion described under subsection (e) available, 

19 upon request, for a period of time determined by 

20 the Administrator, which period shall be not less 

21 than 3 years; and 

22 ‘‘(D) may submit to the Administrator de23 mographic information of the owner of the eligi24 ble recipient, including the sex, race, ethnicity, 
560 

•HR 925 EAH 

1 and veteran status of the owner, through a proc2 ess established by the Administrator. 

3 ‘‘(2) With respect to a covered loan in an 

4 amount greater than $50,000 but less than or equal 

5 to $150,000, the eligible recipient— 

6 ‘‘(A) shall submit to the lender that is serv7 icing the covered loan the certification described 

8 in paragraph (1)(A) and a simplified one-page 

9 application form that does not require the sub10 mission of any documentation described under 

11 subsection (e); 

12 ‘‘(B) shall make the certification described 

13 in paragraph (1)(C); and 

14 ‘‘(C) may submit to the Administrator de15 mographic information of the owner of the eligi16 ble recipient, including the sex, race, ethnicity, 

17 and veteran status of the owner, as established by 

18 the Administrator on the application form de19 scribed in subparagraph (A). 

20 ‘‘(3) With respect to a covered loan in an 

21 amount greater than $150,000, the eligible recipient 

22 shall submit to the lender that is servicing the covered 

23 loan the documentation described under subsection 

24 (e).’’; and 
561 

•HR 925 EAH 

1 (3) by amending subsection (g) to read as fol2 lows: 

3 ‘‘(g) LENDER SUBMISSION.—Not later than 60 days 

4 after the date on which a lender receives an application 

5 for loan forgiveness under this section from an eligible re6 cipient, the lender shall only be required to review the ap7 plication to ensure completion, including that required at8 testations have been made, before submitting such applica9 tion to the Administrator.’’. 

10 SEC. 204. ELIGIBILITY OF CERTAIN ORGANIZATIONS FOR 

11 LOANS UNDER THE PAYCHECK PROTECTION 

12 PROGRAM. 

13 Section 7(a)(36) of the Small Business Act (15 U.S.C. 

14 636(a)(36))— 

15 (1) in subparagraph (A)— 

16 (A) in clause (vii), by inserting ‘‘covered’’ 

17 before ‘‘nonprofit’’; 

18 (B) in clause (viii)(II)— 

19 (i) in item (dd), by striking ‘‘or’’ at 

20 the end; 

21 (ii) in item (ee), by inserting ‘‘or’’ at 

22 the end; and 

23 (iii) by adding at the end the following 

24 new item: 
562 

•HR 925 EAH 

1 ‘‘(ff) any compensation of an 

2 employee who is a registered lob3 byist under the Lobbying Disclo4 sure Act of 1995;’’; 

5 (C) by amending clause (ix) to read as fol6 lows: 

7 ‘‘(ix) the term ‘covered organization’ 

8 means— 

9 ‘‘(I) an organization described in 

10 section 501(c) of the Internal Revenue 

11 Code of 1986 and exempt from tax 

12 under section 501(a) of such Code that 

13 is not a covered nonprofit organiza14 tion; 

15 ‘‘(II) an entity created by a State 

16 or local government that derives the 

17 majority of its operating budget from 

18 the production of live events; or 

19 ‘‘(III) a destination marketing or20 ganization;’’; 

21 (D) in clause (xi)(IV), by striking ‘‘and’’ at 

22 the end; 

23 (E) in clause (xii), by striking the period at 

24 the end and inserting a semicolon; and 
563 

•HR 925 EAH 

1 (F) by adding at the end the following new 

2 clauses: 

3 ‘‘(xiii) the term ‘housing cooperative’ 

4 means a cooperative housing corporation 

5 (as defined in section 216(b) of the Internal 

6 Revenue Code of 1986); and 

7 ‘‘(xiv) the term ‘destination marketing 

8 organization’ means a nonprofit entity that 

9 is not an organization described in section 

10 501(c)(6) of the Internal Revenue Code of 

11 1986 and exempt from tax under section 

12 501(a) of such Code, a State, or a political 

13 subdivision of a State (including any in14 strumentality of such entities) engaged in 

15 marketing and promoting communities and 

16 facilities to businesses and leisure travelers 

17 through a range of activities, including— 

18 ‘‘(I) assisting with the location of 

19 meeting and convention sites; 

20 ‘‘(II) providing travel information 

21 on area attractions, lodging accom22 modations, and restaurants; 

23 ‘‘(III) providing maps; and 
564 

•HR 925 EAH 

1 ‘‘(IV) organizing group tours of 

2 local historical, recreational, and cul3 tural attractions.’’; and 

4 (2) in subparagraph (D)— 

5 (A) in clause (i)— 

6 (i) by inserting ‘‘covered’’ before ‘‘non7 profit organization’’ each place it appears; 

8 and 

9 (ii) by striking ‘‘veterans organiza10 tion’’ each place it appears and inserting 

11 ‘‘housing cooperative’’; 

12 (B) in clause (iii)— 

13 (i) by amended the clause heading to 

14 read as follows: ‘‘REQUIREMENTS FOR RES15 TAURANTS AND CERTAIN NEWS ORGANIZA16 TIONS’’; 

17 (ii) by striking ‘‘During the covered 

18 period, any business concern that employs’’ 

19 and inserting the following: ‘‘Any business 

20 concern that— 

21 ‘‘(I) during the covered period, 

22 employs’’; 

23 (iii) in subclause (I), as so designated, 

24 by striking the period at the end and insert25 ing a semicolon; and 
565 

•HR 925 EAH 

1 (iv) by adding at the end the following 

2 new subclauses: 

3 ‘‘(II) was not eligible to receive a 

4 covered loan the day before the date of 

5 the enactment of this subclause, is as6 signed a North American Industry 

7 Classification System code beginning 

8 with 511110, 515112, or 515120, and 

9 an individual physical location of the 

10 business concern at the time of dis11 bursal does not exceed the size standard 

12 established by the Administrator for 

13 the applicable code shall be eligible to 

14 receive a covered loan for expenses as15 sociated with an individual physical 

16 location of that business concern to 

17 support the continued provision of 

18 local news, information, content, or 

19 emergency information, and, at the 

20 time of disbursal, the individual phys21 ical location; or 

22 ‘‘(III) was not eligible to receive a 

23 covered loan the day before the date of 

24 the enactment of this subclause, is as25 signed a North American Industry 
566 

•HR 925 EAH 

1 Classification System code of 519130, 

2 is identified as a Internet-only news 

3 publisher or Internet-only periodical 

4 publisher, and is engaged in the collec5 tion and distribution of local or re6 gional and national news and infor7 mation shall be eligible to receive a 

8 covered loan for expenses to support the 

9 continued provision of news, informa10 tion, content, or emergency informa11 tion.’’; 

12 (C) in clause (iv)— 

13 (i) in subclause (II), by striking ‘‘and’’ 

14 at the end; 

15 (ii) in subclause (III), by striking the 

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

17 and 

18 (iii) by adding at the end the following 

19 new subclause: 

20 ‘‘(IV) an individual physical loca21 tion of a business concern described in 

22 clause (iii)(II), if such concern does 

23 not pay, distribute, or otherwise pro24 vide any portion of the covered loan to 

25 any other entity other than the indi-
567 

•HR 925 EAH 

1 vidual physical location that is the in2 tended recipient of the covered loan.’’; 

3 (D) in clause (v), by striking ‘‘nonprofit or4 ganization, veterans organization,’’ and insert5 ing ‘‘covered organization, covered nonprofit or6 ganization, housing cooperative,’’; 

7 (E) in clause (vi), by striking ‘‘nonprofit 

8 organization and a veterans organization’’ and 

9 inserting ‘‘covered organization, a covered non10 profit organization, and a housing cooperative’’; 

11 and 

12 (F) by adding at the end the following new 

13 clauses: 

14 ‘‘(vii) ADDITIONAL REQUIREMENTS

15 FOR COVERED ORGANIZATIONS AND COV16 ERED NONPROFIT ORGANIZATIONS.— 

17 ‘‘(I) LOBBYING RESTRICTION.— 

18 During the covered period, a covered 

19 organization that employs less than 

20 500 employees shall be eligible to re21 ceive a covered loan if— 

22 ‘‘(aa) the covered organiza23 tion does not receive more than 10 

24 percent of its receipts from lob25 bying activities; and 
568 

•HR 925 EAH 

1 ‘‘(bb) the lobbying activities 

2 of the covered organization do not 

3 comprise more than 10 percent of 

4 the total activities of the covered 

5 organization. 

6 ‘‘(II) LARGER ORGANIZATIONS.— 

7 During the covered period, a covered 

8 nonprofit organization that employs 

9 500 employees or more, or a covered 

10 organization that meets the require11 ments of items (aa) and (bb) of sub12 clause (I) and employs 500 employees 

13 or more, shall be eligible to receive a 

14 covered loan if such covered nonprofit 

15 organization or covered organization 

16 has had a significant loss in revenue 

17 (as defined in subparagraph 

18 (B)(ii)(I)(ff)). 

19 ‘‘(viii) INCLUSION OF CRITICAL ACCESS

20 HOSPITALS.—During the covered period, 

21 any covered organization that is a critical 

22 access hospital (as defined in section 

23 1861(mm) of the Social Security Act (42 

24 U.S.C. 1395x(mm))) shall be eligible to re25 ceive a covered loan, regardless of the status 
569 

•HR 925 EAH 

1 of such a hospital as a debtor in a case 

2 under chapter 11 of title 11, Unites States 

3 Code, or the status of any debts owed by 

4 such a hospital to the Federal Government. 

5 ‘‘(ix) ADDITIONAL REQUIREMENTS FOR

6 NEWS BROADCAST ENTITIES.— 

7 ‘‘(I) IN GENERAL.—With respect 

8 to an individual physical location of a 

9 business concern described in clause 

10 (iii)(II), each such location shall be 

11 treated as an independent, non12 affiliated entity for purposes of this 

13 paragraph. A parent company, invest14 ment company, or management com15 pany of one or more physical locations 

16 of a business concern described in 

17 clause (iii)(II) shall not be eligible for 

18 a covered loan. 

19 ‘‘(II) DEMONSTRATION OF

20 NEED.—Any such location that is a 

21 franchise or affiliate of, or owned or 

22 controlled by a parent company, in23 vestment company, or the management 

24 thereof, shall demonstrate, upon request 

25 of the Administrator, the need for a 
570 

•HR 925 EAH 

1 covered loan to support the continued 

2 provision of local news, information, 

3 content, or emergency information, 

4 and, at the time of disbursal, the indi5 vidual physical location.’’. 

6 SEC. 205. LIMIT ON AGGREGATE LOAN AMOUNT FOR ELIGI7 BLE RECIPIENTS WITH MORE THAN ONE 

8 PHYSICAL LOCATION. 

9 Section 7(a)(36)(E) of the Small Business Act (15 

10 U.S.C. 636(a)(36)(E)) is amended by adding at the end the 

11 following flush matter: 

12 ‘‘With respect to an eligible recipient with more 

13 than 1 physical location, the total amount of all 

14 covered loans made under this clause to the eligi15 ble recipient shall not be more than 

16 $10,000,000.’’. 

17 SEC. 206. ALLOWABLE USES OF COVERED LOANS; FORGIVE18 NESS. 

19 (a) PAYCHECK PROTECTION PROGRAM.—Section 

20 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) 

21 is amended— 

22 (1) in subparagraph (G)— 

23 (A) in the subparagraph heading, by strik24 ing ‘‘BORROWER REQUIREMENTS’’ and all that 

25 follows through ‘‘eligible recipient applying’’ and 
571 

•HR 925 EAH 

1 inserting ‘‘BORROWER CERTIFICATION REQUIRE2 MENTS.—An eligible recipient applying’’; 

3 (B) by redesignating subclauses (I) through 

4 (IV) as clauses (i) through (iv), respectively; and 

5 (C) in clause (ii), as so redesignated, by 

6 striking ‘‘to retain workers’’ and all that follows 

7 through ‘‘utility payments’’ and inserting ‘‘for 

8 an allowable use described in subparagraph 

9 (F)’’; 

10 (2) in subparagraph (F)(i)— 

11 (A) in subclause (VI), by striking ‘‘and’’ at 

12 the end; 

13 (B) in subclause (VII), by striking the pe14 riod at the end and inserting a semicolon; and 

15 (C) by adding at the end the following new 

16 subclauses: 

17 ‘‘(VIII) costs related to the provi18 sion of personal protective equipment 

19 for employees or other equipment or 

20 supplies determined by the employer to 

21 be necessary to protect the health and 

22 safety of employees and the general 

23 public; 

24 ‘‘(IX) payments for inventory, 

25 raw materials, or supplies; and 
572 

•HR 925 EAH 

1 ‘‘(X) costs related to property 

2 damage, vandalism, or looting due to 

3 public disturbances that occurred dur4 ing 2020 that was not covered by in5 surance or other compensation.’’. 

6 (b) FORGIVENESS.— 

7 (1) DEFINITION OF EXPECTED FORGIVENESS

8 AMOUNT.—Section 1106(a)(7) of the CARES Act (15 

9 U.S.C. 9005(a)(7)) is amended— 

10 (A) in subparagraph (C), by striking ‘‘and’’ 

11 at the end; 

12 (B) in subparagraph (D), by striking ‘‘and’’ 

13 at the end; and 

14 (C) by adding at the end the following new 

15 subparagraphs: 

16 ‘‘(E) interest on any other debt obligations 

17 that were incurred before the covered period; 

18 ‘‘(F) any amount that was a loan made 

19 under subsection (b)(2) that was refinanced as 

20 part of a covered loan and authorized by section 

21 7(a)(36)(F)(iv) of the Small Business Act; 

22 ‘‘(G) payments made for the provision of 

23 personal protective equipment for employees or 

24 other equipment or supplies determined by the 
573 

•HR 925 EAH 

1 employer to be necessary to protect the health 

2 and safety of employees and the general public; 

3 ‘‘(H) payments made for inventory, raw 

4 materials, or supplies; and 

5 ‘‘(I) payments related to property damage, 

6 vandalism, or looting due to public disturbances 

7 that occurred during 2020 that was not covered 

8 by insurance or other compensation; and’’. 

9 (2) FORGIVENESS.—Section 1106(b) of the 

10 CARES Act (15 U.S.C. 9005(b)), is amended by add11 ing at the end the following new paragraphs: 

12 ‘‘(5) Any payment of interest on any other debt 

13 obligations that were incurred before the covered pe14 riod. 

15 ‘‘(6) Any amount that was a loan made under 

16 section 7(b)(2) of the Small Business Act that was re17 financed as part of a covered loan and authorized by 

18 section 7(a)(36)(F)(iv) of such Act. 

19 ‘‘(7) Any payment made for the provision of per20 sonal protective equipment for employees or other 

21 equipment or supplies determined by the employer to 

22 be necessary to protect the health and safety of em23 ployees. 

24 ‘‘(8) Any payment made for inventory, raw ma25 terials, or supplies. 
574 

•HR 925 EAH 

1 ‘‘(9) Any payments related to property damage, 

2 vandalism, or looting due to public disturbances that 

3 occurred during 2020 that was not covered by insur4 ance or other compensation.’’. 

5 (3) CONFORMING AMENDMENTS.—Section 1106 

6 of the CARES Act (15 U.S.C. 9005) is amended— 

7 (A) in subsection (e), as amended by section 

8 203— 

9 (i) in paragraph (2), by striking ‘‘pay10 ments on covered mortgage obligations, pay11 ments on covered lease obligations, and cov12 ered utility payments’’ and inserting ‘‘pay13 ments or amounts refinanced described 

14 under subsection (b) (other than payroll 

15 costs)’’; and 

16 (ii) in paragraph (3)(B), by striking 

17 ‘‘, make interest payments’’ and all that fol18 lows through ‘‘or make covered utility pay19 ments’’ and inserting ‘‘, make payments de20 scribed under subsection (b), or that was re21 financed as part of a covered loan and au22 thorized by section 7(a)(36)(F)(iv) of the 

23 Small Business Act’’; and 

24 (B) in subsection (h), by striking ‘‘pay25 ments for payroll costs, payments on covered 
575 

•HR 925 EAH 

1 mortgage obligations, payments on covered lease 

2 obligations, or covered utility payments’’ each 

3 place it appears and inserting ‘‘payments or 

4 amounts refinanced described under subsection 

5 (b)’’. 

6 SEC. 207. DOCUMENTATION REQUIRED FOR CERTAIN ELIGI7 BLE RECIPIENTS. 

8 Section 7(a)(36)(D)(ii)(II) of the Small Business Act 

9 (15 U.S.C. 636(a)(36)(D)(ii)(II)) is amended by striking 

10 ‘‘as is necessary’’ and all that follows through the period 

11 at the end and inserting ‘‘as determined necessary by the 

12 Administrator and the Secretary, to establish such indi13 vidual as eligible.’’. 

14 SEC. 208. EXCLUSION OF CERTAIN PUBLICLY TRADED AND 

15 FOREIGN ENTITIES. 

16 Section 7(a)(36)(D) of the Small Business Act (15 

17 U.S.C. 636(a)(36)(D)), as amended by section 204 is fur18 ther amended by adding at the end the following new clause: 

19 ‘‘(x) EXCLUSION OF CERTAIN PUBLICLY

20 TRADED AND FOREIGN ENTITIES.—Effective 

21 on the date of the enactment of this clause— 

22 ‘‘(I) an issuer, the securities of 

23 which are traded on a national securi24 ties exchange, is not eligible to receive 

25 a covered loan under this section; and 
576 

•HR 925 EAH 

1 ‘‘(II) an entity that is 51 percent 

2 or more owned by a foreign person, or 

3 the management and daily business 

4 operations of which are controlled by a 

5 foreign person (excluding an entity 

6 owned and controlled by a person dom7 iciled in a territory or possession of the 

8 United States), is not eligible to receive 

9 a covered loan under this section.’’. 

10 SEC. 209. ELECTION OF 12-WEEK PERIOD BY SEASONAL EM11 PLOYERS. 

12 Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small Busi13 ness Act (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amend14 ed by striking ‘‘an applicant’’ and all that follows through 

15 ‘‘June 30, 2019’’ and inserting the following: ‘‘an applicant 

16 that is a seasonal employer, as determined by the Adminis17 trator, shall use the average total monthly payments for 

18 payroll for any 12-week period selected by the seasonal em19 ployer between February 15, 2019, and December 31, 

20 2019’’. 

21 SEC. 210. INCLUSION OF CERTAIN REFINANCING IN NON22 RECOURSE REQUIREMENTS. 

23 Section 7(a)(36)(F)(v) of the Small Business Act (15 

24 U.S.C. 636(a)(36)(F)(v)) is amended by striking ‘‘clause 

25 (i)’’ and inserting ‘‘clauses (i) and (iv)’’. 
577 

•HR 925 EAH 

1 SEC. 211. CREDIT ELSEWHERE REQUIREMENTS. 

2 Section 7(a)(36)(I) of the Small Business Act (15 

3 U.S.C. 636(a)(36)(I)) is amended to read as follows: 

4 ‘‘(I) CREDIT ELSEWHERE.—The require5 ment that a small business concern is unable to 

6 obtain credit elsewhere (as defined in section 

7 3(h))— 

8 ‘‘(i) shall not apply to a covered loan 

9 approved by the Administrator before the 

10 date of enactment of this subparagraph; and 

11 ‘‘(ii) shall only apply to covered loans 

12 in an amount greater than $350,000 ap13 proved by the Administrator on or after the 

14 date of the enactment of this subpara15 graph.’’. 

16 SEC. 212. PROHIBITION ON RECEIVING DUPLICATIVE 

17 AMOUNTS FOR PAYROLL COSTS. 

18 (a) PAYCHECK PROTECTION PROGRAM.—Clause (iv) of 

19 section 7(a)(36)(G) of the Small Business Act (15 U.S.C. 

20 636(a)(36)(G)), as redesignated by section 206, is amend21 ed— 

22 (1) by striking ‘‘December 31, 2020’’ and insert23 ing ‘‘June 30, 2020’’; and 

24 (2) by striking ‘‘the same purpose and’’ and in25 serting ‘‘payments for payroll costs incurred during 

26 such period’’. 
578 

•HR 925 EAH 

1 (b) TREASURY PROGRAM.—Section 1109(f) of the 

2 CARES Act (15 U.S.C. 9008(f)) is amended— 

3 (1) in paragraph (1), by striking ‘‘for the same 

4 purpose’’ and inserting ‘‘for payments for payroll 

5 costs (as defined in section 7(a)(36)(A)(viii) of the 

6 Small Business Act (15 U.S.C. 636(a)(36)(A)(viii))’’; 

7 and 

8 (2) in paragraph (2), by striking ‘‘December 31, 

9 2020’’ and inserting ‘‘June 30, 2020’’. 

10 SEC. 213. APPLICATION OF CERTAIN TERMS THROUGH LIFE 

11 OF COVERED LOAN. 

12 Section 7(a)(36) of the Small Business Act (15 U.S.C. 

13 636(a)(36)) is amended— 

14 (1) in subparagraph (H), by striking ‘‘During 

15 the covered period, with’’ and inserting ‘‘With’’; 

16 (2) in subparagraph (J), by striking ‘‘During 

17 the covered period, with’’ and inserting ‘‘With’’; 

18 (3) in subparagraph (M)— 

19 (A) in clause (ii), by striking ‘‘During the 

20 covered period, the’’ and inserting ‘‘The’’; and 

21 (B) in clause (iii), by striking ‘‘During the 

22 covered period, with’’ and inserting ‘‘With’’. 

23 SEC. 214. INTEREST CALCULATION ON COVERED LOANS. 

24 Section 7(a)(36)(L) of the Small Business Act (15 

25 U.S.C. 636(a)(36)(L)) is amended by inserting ‘‘, calculated 
579 

•HR 925 EAH 

1 on a non-compounding, non-adjustable basis’’ after ‘‘4 per2 cent’’. 

3 SEC. 215. REIMBURSEMENT FOR PROCESSING. 

4 Section 7(a)(36)(P) of the Small Business Act (15 

5 U.S.C. 636(a)(36)(P)) is amended— 

6 (1) in clause (ii), by inserting at the end the fol7 lowing: ‘‘Such fees shall be paid by the eligible recipi8 ent and may not be paid out of the proceeds of a cov9 ered loan. A lender shall only be responsible for pay10 ing fees to an agent for services for which such lender 

11 directly contracts with such agent.’’; and 

12 (2) by amending clause (iii) to read as follows: 

13 ‘‘(iii) TIMING.—A reimbursement de14 scribed in clause (i) shall be made not later 

15 than 5 days after the reported disbursement 

16 of the covered loan and may not be required 

17 to be repaid by a lender unless the lender is 

18 found guilty of an act of fraud in connec19 tion with the covered loan.’’. 

20 SEC. 216. DUPLICATION REQUIREMENTS FOR ECONOMIC 

21 INJURY DISASTER LOAN RECIPIENTS. 

22 Section 7(a)(36)(Q) of the Small Business Act (15 

23 U.S.C. 636(a)(36)(Q)) is amended by striking ‘‘during the 

24 period beginning on January 31, 2020, and ending on the 

25 date on which covered loans are made available’’. 
580 

•HR 925 EAH 

1 SEC. 217. REAPPLICATION FOR AND MODIFICATION TO PAY2 CHECK PROTECTION PROGRAM. 

3 Not later than 7 days after the date of the enactment 

4 of this Act, the Administrator shall issue rules or guidance 

5 to ensure that an eligible recipient of a covered loan made 

6 under section 7(a)(36) of the Small Business Act (15 U.S.C. 

7 636(a)(36)) that returns amounts disbursed under such cov8 ered loan or does not accept the full amount of such covered 

9 loan for which such eligible recipient was approved— 

10 (1) in the case of an eligible recipient that re11 turned all or part of a covered loan, such eligible re12 cipient may reapply for a covered loan for an amount 

13 equal to the difference between the amount retained 

14 and the maximum amount applicable; and 

15 (2) in the case of an eligible recipient that did 

16 not accept the full amount of a covered loan, such eli17 gible recipient may request a modification to increase 

18 the amount of the covered loan to the maximum 

19 amount applicable, subject to the requirements of such 

20 section 7(a)(36). 

21 SEC. 218. TREATMENT OF CERTAIN CRIMINAL VIOLATIONS. 

22 (a) IN GENERAL.—Section 7(a)(36) of the Small Busi23 ness Act (15 U.S.C. 636(a)(36)), as amended by section 101, 

24 is further amended by adding at the end the following new 

25 subparagraph: 
581 

•HR 925 EAH 

1 ‘‘(U) TREATMENT OF CERTAIN CRIMINAL

2 VIOLATIONS.— 

3 ‘‘(i) FINANCIAL FRAUD OR DECEP4 TION.—A entity that is a business, organi5 zation, cooperative, or enterprise may not 

6 receive a covered loan if an owner of 20 

7 percent or more of the equity of such entity, 

8 during the 5-year period preceding the date 

9 on which such entity applies for a covered 

10 loan, has been convicted of a felony of fi11 nancial fraud or deception under Federal, 

12 State, or Tribal law. 

13 ‘‘(ii) ARRESTS OR CONVICTIONS.—An 

14 entity that is a business, organization, co15 operative, or enterprise shall be an eligible 

16 recipient notwithstanding a prior arrest or 

17 conviction under Federal, State, or Tribal 

18 law of an owner of 20 percent or more of 

19 the equity of such entity, unless such owner 

20 is currently incarcerated. 

21 ‘‘(iii) WAIVER.—The Administrator 

22 may waive the requirements of clause (i).’’. 

23 (b) RULEMAKING.—Not later than 15 days after the 

24 date of enactment of this Act, the Administrator shall make 
582 

•HR 925 EAH 

1 necessary revisions to any rules to carry out the amendment 

2 made by this section. 

3 TITLE III—TAX PROVISIONS 

4 SEC. 301. IMPROVED COORDINATION BETWEEN PAYCHECK 

5 PROTECTION PROGRAM AND EMPLOYEE RE6 TENTION TAX CREDIT. 

7 (a) AMENDMENT TO PAYCHECK PROTECTION PRO8 GRAM.—Section 1106(a)(8) of the CARES Act (15 U.S.C. 

9 9005(a)(8)) is amended by inserting ‘‘, except that such 

10 costs shall not include qualified wages taken into account 

11 in determining the credit allowed under section 2301 of this 

12 Act’’ before the period at the end. 

13 (b) AMENDMENTS TO EMPLOYEE RETENTION TAX

14 CREDIT.— 

15 (1) IN GENERAL.—Section 2301(g) of the 

16 CARES Act (Public Law 116–136; 26 U.S.C. 3111 

17 note) is amended to read as follows: 

18 ‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO

19 ACCOUNT.— 

20 ‘‘(1) IN GENERAL.—This section shall not apply 

21 to so much of the qualified wages paid by an eligible 

22 employer as such employer elects (at such time and 

23 in such manner as the Secretary may prescribe) to 

24 not take into account for purposes of this section. 
583 

•HR 925 EAH 

1 ‘‘(2) COORDINATION WITH PAYCHECK PROTEC2 TION PROGRAM.—The Secretary, in consultation with 

3 the Administrator of the Small Business Administra4 tion, shall issue guidance providing that payroll costs 

5 paid or incurred during the covered period shall not 

6 fail to be treated as qualified wages under this section 

7 by reason of an election under paragraph (1) to the 

8 extent that a covered loan of the eligible employer is 

9 not forgiven by reason of a decision under section 

10 1106(g). Terms used in the preceding sentence which 

11 are also used in section 1106 shall have the same 

12 meaning as when used in such section.’’. 

13 (2) CONFORMING AMENDMENTS.— 

14 (A) Section 2301 of the CARES Act (Public 

15 Law 116–136; 26 U.S.C. 3111 note) is amended 

16 by striking subsection (j). 

17 (B) Section 2301(l) of the CARES Act 

18 (Public Law 116–136; 26 U.S.C. 3111 note) is 

19 amended by striking paragraph (3) and by re20 designating paragraphs (4) and (5) as para21 graphs (3) and (4), respectively. 

22 (c) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect as if included in the provisions of 

24 the CARES Act (Public Law 116–136) to which they relate. 
584 

•HR 925 EAH 

1 TITLE IV—COVID–19 ECONOMIC 

2 INJURY DISASTER LOAN PRO3 GRAM REFORM 

4 SEC. 401. SENSE OF CONGRESS. 

5 It is the sense of Congress that— 

6 (1) many businesses that have received economic 

7 injury disaster loans under section 7(b)(2) of the 

8 Small Business Act (15 U.S.C. 636(b)) continue to 

9 suffer from the effects of the COVID–19 pandemic and 

10 may not be in a position to make payments in the 

11 near term; 

12 (2) the Administrator of the Small Business Ad13 ministration has the authority under the Small Busi14 ness Act (15 U.S.C. 631 et seq.) to reduce the interest 

15 charged on loans and to offer borrowers up to 4 years 

16 of deferment on the payment of interest and prin17 cipal; and 

18 (3) the Congress encourages the Administrator of 

19 the Small Business Administration to use this discre20 tion to provide relief to the hardest hit small busi21 nesses that have received or will receive direct loans 

22 from the Administration under section 7(b)(2) of the 

23 Small Business Act (15 U.S.C. 636(b)(2)). 
585 

•HR 925 EAH 

1 SEC. 402. NOTICES TO APPLICANTS FOR ECONOMIC INJURY 

2 DISASTER LOANS OR ADVANCES. 

3 Section 7(b)(11) of the Small Business Act (15 U.S.C. 

4 636(b)(11) is amended— 

5 (1) by striking ‘‘The Administrator’’ and insert6 ing the following: 

7 ‘‘(A) IN GENERAL.—The Administrator’’; 

8 and 

9 (2) by adding at the end the following new sub10 paragraphs: 

11 ‘‘(B) ACCEPTANCE CRITERIA AND QUALI12 FICATIONS.—In carrying out subparagraph (A), 

13 the Administrator shall— 

14 ‘‘(i) publish on the website of the Ad15 ministration a description of the rules 

16 issued with respect to a loan made under 

17 this subsection, which shall be clear and 

18 easy to understand; and 

19 ‘‘(ii) upon receiving an application for 

20 a loan under this subsection, provide to the 

21 loan applicant the description described in 

22 clause (i). 

23 ‘‘(C) RIGHT TO EXPLANATION OF DECLINED

24 LOAN OR ADVANCE.— 

25 ‘‘(i) IN GENERAL.—The Administrator 

26 shall— 
586 

•HR 925 EAH 

1 ‘‘(I) provide all applicants for a 

2 loan under this subsection or an ad3 vance under section 1110(e) of the 

4 CARES Act for which the loan or ad5 vance application was fully or par6 tially denied with a complete written 

7 application of the reason for the denial 

8 at the time the decision is made; 

9 ‘‘(II) establish a dedicated tele10 phonic information line and e-mail 

11 address to respond to further inquiries 

12 about denied applications described in 

13 subclause (I); and 

14 ‘‘(III) before fully or partially de15 nying an application for a loan under 

16 this subsection or an advance under 

17 such section 1110(e) because the appli18 cant submitted incomplete informa19 tion— 

20 ‘‘(aa) contact the applicant 

21 and give the applicant the oppor22 tunity to provide that informa23 tion; and 
587 

•HR 925 EAH 

1 ‘‘(bb) reconsider the applica2 tion with any additional informa3 tion provided. 

4 ‘‘(ii) SUBMISSION OF ADDITIONAL IN5 FORMATION.—An applicant for a loan 

6 under this subsection or an advance under 

7 section 1110(e) of the CARES Act that can 

8 remedy the grounds for denial of the appli9 cation by submitting additional informa10 tion under clause (i)(III)— 

11 ‘‘(I) shall have the opportunity to 

12 do so directly with a loan officer; and 

13 ‘‘(II) shall not be required to seek 

14 a remedy through the appeals process 

15 of the Administration.’’. 

16 SEC. 403. MODIFICATIONS TO EMERGENCY EIDL ADVANCES. 

17 Section 1110(e)(1) of division A of the CARES Act (15 

18 U.S.C. 90009(e)) is amended to read as follows: 

19 ‘‘(1) IN GENERAL.—During the covered period, 

20 an entity included for eligibility in subsection (b), in21 cluding small business concerns, private nonprofit or22 ganizations, and small agricultural cooperatives, that 

23 applies for a loan under section 7(b)(2) of the Small 

24 Business Act (15 U.S.C. 636(b)(2)) in response to 

25 COVID–19 shall be provided an advance that is, sub-
588 

•HR 925 EAH 

1 ject to paragraph (3), disbursed within 3 days after 

2 the Administrator receives an application from such 

3 entity, unless the advance is specifically declined by 

4 such entity.’’. 

5 SEC. 404. DATA TRANSPARENCY, VERIFICATION, AND NO6 TICES FOR ECONOMIC INJURY DISASTER 

7 LOANS. 

8 (a) IN GENERAL.—Section 1110 of the CARES Act (15 

9 U.S.C. 9009) is amended— 

10 (1) by redesignating subsection (f) as subsection 

11 (j); and 

12 (2) by inserting after subsection (e) the following 

13 new subsections: 

14 ‘‘(f) DATA TRANSPARENCY.— 

15 ‘‘(1) IN GENERAL.—In this subsection, the term 

16 ‘covered application’ means an application submitted 

17 to the Administrator for a loan under section 7(b)(2) 

18 of the Small Business Act (15 U.S.C. 636(b)(2)), in19 cluding an application for such a loan submitted by 

20 an eligible entity. 

21 ‘‘(2) WEEKLY REPORTS.—Not later than 1 week 

22 after the date of enactment of this subsection, and 

23 weekly thereafter until the end of the covered period, 

24 the Administrator shall publish on the website of the 
589 

•HR 925 EAH 

1 Administration a report that contains the following 

2 information: 

3 ‘‘(A) For the week covered by the report, the 

4 number of covered applications that the Admin5 istrator— 

6 ‘‘(i) received; 

7 ‘‘(ii) processed; and 

8 ‘‘(iii) approved and rejected, including 

9 the percentage of covered applications that 

10 the Administrator approved. 

11 ‘‘(B) With respect to the covered applica12 tions that the Administrator approved during 

13 that week, the number and dollar amount of the 

14 loans made with respect to such applications as 

15 part of a response to COVID–19. 

16 ‘‘(C) The identification number, or other in17 dicator showing the order in which any applica18 tion was received and intended to be processed, 

19 for the most recent covered application processed 

20 by the Administrator. 

21 ‘‘(D) Demographic data with respect to ap22 plicants submitting covered applications during 

23 the week covered by the report and loans made 

24 pursuant to covered applications during the week 

25 covered by the report, which shall include— 
590 

•HR 925 EAH 

1 ‘‘(i) with respect to each such appli2 cant or loan recipient, as applicable, infor3 mation regarding— 

4 ‘‘(I) the geographic area in which 

5 the applicant or loan recipient oper6 ates; 

7 ‘‘(II) if applicable, the sex, race, 

8 and ethnicity of each owner of the ap9 plicant or loan recipient, which the in10 dividual may decline to provide; 

11 ‘‘(III) the annual revenue of the 

12 applicant or loan recipient; 

13 ‘‘(IV) the number of employees 

14 employed by the applicant or loan re15 cipient; 

16 ‘‘(V) whether the applicant or 

17 loan recipient is a for-profit or non18 profit entity; and 

19 ‘‘(VI) the industry in which the 

20 applicant or loan recipient operates; 

21 ‘‘(ii) the number of such loans made to 

22 agricultural enterprises; and 

23 ‘‘(iii) the average economic injury suf24 fered by— 
591 

•HR 925 EAH 

1 ‘‘(I) applicants, the covered appli2 cations of which the Administrator ap3 proved; and 

4 ‘‘(II) applicants, the covered ap5 plications of which the Administrator 

6 rejected. 

7 ‘‘(g) VERIFICATION OF BUSINESS ELIGIBILITY.— 

8 ‘‘(1) IN GENERAL.—With respect to an applica9 tion submitted to the Administrator during the cov10 ered period for a loan under section 7(b)(2) of the 

11 Small Business Act (15 U.S.C. 636(b)(2)) in response 

12 to COVID–19, the Administrator shall verify that 

13 each such applicant was in operation on January 31, 

14 2020. 

15 ‘‘(2) REPORT.—Not later than 30 days after the 

16 date of enactment of this subsection, the Adminis17 trator shall submit to Congress a report that describes 

18 the steps taken by the Administrator to perform the 

19 verification required under paragraph (1). 

20 ‘‘(3) SENSE OF CONGRESS.—It is the sense of 

21 Congress that the verification required under para22 graph (1) constitutes oversight that the Administrator 

23 is required to perform under paragraph (15) of sec24 tion 7(b) of the Small Business Act (15 U.S.C. 
592 

•HR 925 EAH 

1 636(b)) with respect to entities receiving loans under 

2 paragraph (2) of such section 7(b). 

3 ‘‘(h) NOTIFICATIONS TO CONGRESS.— 

4 ‘‘(1) DEFINITIONS.—In this subsection— 

5 ‘‘(A) the term ‘appropriate committees of 

6 Congress’ means— 

7 ‘‘(i) the Committee on Small Business 

8 and Entrepreneurship and the Sub9 committee on Financial Services and Gen10 eral Government of the Committee on Ap11 propriations of the Senate; and 

12 ‘‘(ii) the Committee on Small Business 

13 and the Subcommittee on Financial Serv14 ices and General Government of the Com15 mittee on Appropriations of the House of 

16 Representatives; and 

17 ‘‘(B) the term ‘covered program, project, or 

18 activity’ means— 

19 ‘‘(i) the program under this section; 

20 ‘‘(ii) the loan program under section 

21 7(b)(2) of the Small Business Act (15 

22 U.S.C. 636(b)(2)); 

23 ‘‘(iii) the authorized activities for 

24 amounts were appropriated in response to 

25 the COVID–19 pandemic under the heading 
593 

•HR 925 EAH 

1 ‘Small Business Administration—Salaries 

2 and Expenses’; or 

3 ‘‘(iv) any other program, project, or 

4 activity for which funds are made available 

5 to the Administration to respond to the 

6 COVID–19 pandemic. 

7 ‘‘(2) NOTICE OF APPROACHING FUNDING

8 LAPSE.—The Administrator shall submit to the ap9 propriate committees of Congress a notification not 

10 later than 2 days after the date on which unobligated 

11 balances of amounts appropriated for a fiscal year for 

12 any covered program, project, or activity are less 

13 than 25 percent of the total amount appropriated for 

14 the covered program, project, or activity for such fis15 cal year. 

16 ‘‘(3) MONTHLY REPORT.—The Administrator 

17 shall submit to the appropriate committees of Con18 gress a monthly report detailing the current and fu19 ture planned uses of amounts appropriated in re20 sponse to the COVID–19 pandemic under the heading 

21 ‘Small Business Administration—Salaries and Ex22 penses’, which shall include— 

23 ‘‘(A) the number of employees hired and 

24 contractors retained using such amounts; 
594 

•HR 925 EAH 

1 ‘‘(B) the number of contracts with a total 

2 cost of more than $5,000,000 entered into using 

3 such amounts; 

4 ‘‘(C) a list of all sole source contracts en5 tered into using such amounts; and 

6 ‘‘(D) any program changes, regulatory ac7 tions, guidance issuances, or other initiatives re8 lating to the response to the COVID–19 pan9 demic.’’. 

10 (b) RETROACTIVE COLLECTION.—As soon as is prac11 ticable after the date of enactment of this Act, the Adminis12 trator shall collect the information required under section 

13 1110(f) of the CARES Act (15 U.S.C. 9009(f)), as amended 

14 by subsection (a), from applicants that submitted covered 

15 applications (as defined in such section 1110(f)) during the 

16 period beginning on the date of enactment of the CARES 

17 Act (Public Law 116–136) and ending on the date of enact18 ment of this Act. 

19 SEC. 405. LIFELINE FUNDING FOR SMALL BUSINESS CON20 TINUITY, ADAPTATION, AND RESILIENCY. 

21 Section 1110 of the CARES Act (15 U.S.C. 9009), as 

22 amended by section 404, is further amended by inserting 

23 after subsection (i) (as added by such section) the following 

24 new subsection: 
595 

•HR 925 EAH 

1 ‘‘(i) LIFELINE FUNDING FOR SMALL BUSINESS CON2 TINUITY, ADAPTATION, AND RESILIENCY.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) AGRICULTURAL ENTERPRISE.—The 

5 term ‘agricultural enterprise’ has the meaning 

6 given the term in section 18(b) of the Small 

7 Business Act (15 U.S.C. 647(b)). 

8 ‘‘(B) COVERED ENTITY.—The term ‘covered 

9 entity’— 

10 ‘‘(i) means an eligible entity described 

11 in subsection (b) of this section, if such eli12 gible entity— 

13 ‘‘(I) has not more than 50 em14 ployees; and 

15 ‘‘(II) has suffered an economic 

16 loss of not less than 30 percent; and 

17 ‘‘(ii) except with respect to an entity 

18 included under section 123.300(c) of title 

19 13, Code of Federal Regulations, or any 

20 successor regulation, does not include an ag21 ricultural enterprise. 

22 ‘‘(C) ECONOMIC LOSS.—The term ‘economic 

23 loss’ means, with respect to a covered entity, the 

24 amount by which the gross receipts of the covered 

25 entity declined during an 8-week period between 
596 

•HR 925 EAH 

1 March 2, 2020, and December 31, 2020 (as deter2 mined by the covered entity), relative to a com3 parable 8-week period immediately preceding 

4 March 2, 2020, or during 2019 (as determined 

5 by the covered entity). 

6 ‘‘(D) ECONOMICALLY DISADVANTAGED INDI7 VIDUAL.—The term ‘economically disadvantaged 

8 individual’ means an economically disadvan9 taged individual under section 124.104 of title 

10 13, Code of Federal Regulations, or any successor 

11 regulation. 

12 ‘‘(E) LOW-INCOME COMMUNITY.—The term 

13 ‘low-income community’ has the meaning given 

14 the term in section 45D(e) of the Internal Rev15 enue Code of 1986. 

16 ‘‘(F) REMOTE RECREATIONS ENTER17 PRISE.—The term ‘remote recreational enter18 prise’ means a covered entity that was in oper19 ation on or before March 1, 2020, that can docu20 ment an economic loss caused by the closure of 

21 the United States and Canadian border that re22 stricted the ability of American customers to ac23 cess the location of the covered entity. 

24 ‘‘(G) SMALL BUSINESS CONCERN.—The 

25 term ‘small business concern’ has the meaning 
597 

•HR 925 EAH 

1 given the term under section 3(a) of the Small 

2 Business Act (15 U.S.C. 632(a)). 

3 ‘‘(H) SOCIALLY DISADVANTAGED INDI4 VIDUAL.—The term ‘socially disadvantaged indi5 vidual’ means a socially disadvantaged indi6 vidual under section 124.103 of title 13, Code of 

7 Federal Regulations, or any successor regulation. 

8 ‘‘(2) PROCEDURE.—During the covered period, a 

9 covered entity that applies for a loan under section 

10 7(b)(2) of the Small Business Act (15 U.S.C. 

11 636(b)(2)) may request that the Administrator pro12 vide funding for the purposes described in paragraph 

13 (6). 

14 ‘‘(3) VERIFICATION.—With respect to each re15 quest submitted by an entity under paragraph (2), 

16 the Administrator shall— 

17 ‘‘(A) not later than 14 days after the date 

18 on which the Administrator receives the request, 

19 verify whether the entity is a covered entity; and 

20 ‘‘(B) if the Administrator verifies that the 

21 entity is a covered entity under clause (i), and 

22 subject to paragraph (8), disburse the funding re23 quested by the covered entity not later than 7 

24 days after the date on which the Administrator 

25 completes the verification. 
598 

•HR 925 EAH 

1 ‘‘(4) ORDER OF PROCESSING.—Subject to para2 graph (8), the Administrator shall process and ap3 prove requests submitted under paragraph (2) in the 

4 order the Administrator receives the requests. 

5 ‘‘(5) AMOUNT OF FUNDING.— 

6 ‘‘(A) IN GENERAL.—The amount of funding 

7 provided to a covered entity that submits a re8 quest under paragraph (2) shall be in an 

9 amount that is the lesser of— 

10 ‘‘(i) the amount of working capital 

11 needed by the covered entity for the 180-day 

12 period beginning on the date on which the 

13 covered entity would receive the funding, as 

14 determined by the Administrator using a 

15 methodology that is identical to the method16 ology used by the Administrator to deter17 mine working capital needs with respect to 

18 an application for a loan submitted under 

19 section 7(b)(2) of the Small Business Act 

20 (15 U.S.C. 636(b)(2)); or 

21 ‘‘(ii) $50,000. 

22 ‘‘(B) ENTITLEMENT TO FULL AMOUNT.—A 

23 covered entity that receives funding pursuant to 

24 a request submitted under paragraph (2) shall be 

25 entitled to receive the full amount of that fund-
599 

•HR 925 EAH 

1 ing, as determined under subparagraph (A), 

2 without regard to— 

3 ‘‘(i) if the applicable loan for which the 

4 covered entity has applied under section 

5 7(b)(2) of the Small Business Act (15 

6 U.S.C. 636(b)(2)) is approved, the amount 

7 of the loan; 

8 ‘‘(ii) whether the covered entity accepts 

9 the offer of the Administrator with respect 

10 to an approved loan described in clause (i); 

11 or 

12 ‘‘(iii) whether the covered entity has 

13 previously received any amounts under sub14 section (e). 

15 ‘‘(6) USE OF FUNDS.—A covered entity that re16 ceives funding under this subsection— 

17 ‘‘(A) may use the funding— 

18 ‘‘(i) for any purpose for which a loan 

19 received under section 7(b)(2) of the Small 

20 Business Act (15 U.S.C. 636(b)(2)) may be 

21 used; 

22 ‘‘(ii) for working capital needs, includ23 ing investments to implement adaptive 

24 changes or resiliency strategies to help the 
600 

•HR 925 EAH 

1 eligible entity maintain business continuity 

2 during the COVID–19 pandemic; or 

3 ‘‘(iii) to repay any unpaid amount 

4 of— 

5 ‘‘(I) a loan received under sub6 section (a)(36) or (b)(2) of section 7 of 

7 the Small Business Act (15 U.S.C. 

8 636); or 

9 ‘‘(II) mortgage interest; and 

10 ‘‘(B) may not use the funding to pay any 

11 loan debt, except as provided in subparagraph 

12 (A)(iii). 

13 ‘‘(7) APPLICABILITY.—In addition to any other 

14 restriction imposed under this subsection, any eligi15 bility restriction applicable to a loan made under sec16 tion 7(b)(2) of the Small Business Act (15 U.S.C. 

17 636(b)(2)), including any restriction under section 

18 123.300 or 123.301 of title 13, Code of Federal Regu19 lations, or any successor regulation, shall apply with 

20 respect to funding provided under this subsection. 

21 ‘‘(8) PRIORITY.—During the 56-day period be22 ginning on the date of enactment of this subsection, 

23 the Administrator may approve a request for funding 

24 under this subsection only if the request is submitted 

25 by— 
601 

•HR 925 EAH 

1 ‘‘(A) a covered entity located in a low-in2 come community; 

3 ‘‘(B) a covered entity owned or controlled 

4 by a veteran or a member of the Armed Forces; 

5 ‘‘(C) a covered entity owned or controlled by 

6 an economically disadvantaged individual or a 

7 socially disadvantaged individual; or 

8 ‘‘(D) a remote recreational enterprise. 

9 ‘‘(9) ADMINISTRATION.—In carrying out this 

10 subsection, the Administrator may rely on loan offi11 cers and other personnel of the Office of Disaster As12 sistance of the Administration and other resources of 

13 the Administration, including contractors of the Ad14 ministration. 

15 ‘‘(10) RETROACTIVE EFFECT.—Any covered enti16 ty that, during the period beginning on January 1, 

17 2020, and ending on the day before the date of enact18 ment of this subsection, applied for a loan under sec19 tion 7(b)(2) of the Small Business Act (15 U.S.C. 

20 636(b)(2)) may submit to the Administrator a request 

21 under paragraph (2) with respect to that loan. 

22 ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to the Ad24 ministrator $40,000,000,000 to carry out this sub-
602 

•HR 925 EAH 

1 section, which shall remain available through Decem2 ber 31, 2020, of which— 

3 ‘‘(A) $20,00,000,000 is authorized to be ap4 propriated to provide funding to covered entities 

5 described in paragraph (8); and 

6 ‘‘(B) $20,000,000 is authorized to be appro7 priated to the Inspector General of the Adminis8 tration to prevent waste, fraud, and abuse with 

9 respect to funding provided under this sub10 section.’’. 

11 SEC. 406. MODIFICATIONS TO ECONOMIC INJURY DISASTER 

12 LOANS. 

13 (a) LOANS FOR NEW BORROWERS.—With respect to a 

14 loan made under section 7(b)(2) of the Small Business Act 

15 (15 U.S.C. 636(b)(2)) to a borrower adversely impacted by 

16 COVID–19 during the period beginning on the date of en17 actment of this Act and ending on December 31, 2020— 

18 (1) the borrower shall be eligible for a loan in an 

19 amount equal to 6 months of working capital if the 

20 borrower otherwise meets the underwriting standards 

21 established by the Administration; and 

22 (2) the Administrator— 

23 (A) shall not impose a maximum loan 

24 amount limit that is lower than $2,000,000; and 
603 

•HR 925 EAH 

1 (B) shall not disqualify any applicant for 

2 such a loan due to the criminal history or arrest 

3 record of the applicant, except in the case of an 

4 applicant that, during the 5-year period pre5 ceding the date on which the applicant submits 

6 an application, has been convicted— 

7 (i) of a felony offense involving fraud, 

8 bribery, or embezzlement in any State or 

9 Federal court; or 

10 (ii) in connection with a false state11 ment made in— 

12 (I) a loan application; or 

13 (II) an application for Federal fi14 nancial assistance. 

15 (b) ADDITIONAL LOAN FOR EXISTING BORROWERS.— 

16 (1) IN GENERAL.—A recipient of a loan made 

17 under section 7(b)(2) of the Small Business Act (15 

18 U.S.C. 636(b)(2)) to a borrower adversely impacted 

19 by COVID–19 during the period beginning on Janu20 ary 31, 2020, and ending on the date of enactment 

21 of this Act may submit to the Administrator a request 

22 for an additional amount to increase in the amount 

23 of that loan, provided that the aggregate amount re24 ceived under such section by the recipient during that 

25 period shall be not more than the lesser of— 
604 

•HR 925 EAH 

1 (A) an amount equal to 6 months of work2 ing capital for the recipient; and 

3 (B) $2,000,000; and 

4 (2) CONSIDERATION.—In considering a request 

5 submitted under paragraph (1), the Administrator— 

6 (A) may not recalculate the economic injury 

7 or creditworthiness of the borrower; and 

8 (B) shall issue a determination based on the 

9 documentation submitted by the borrower for the 

10 initial loan under such section 7(b)(2), any other 

11 new information voluntarily provided by the 

12 borrower, and any information obtained to pre13 vent fraud or abuse. 

14 (3) ADDITIONAL DOCUMENTATION.—If the Ad15 ministrator of the Small Business Administration re16 quires a borrower making a request under paragraph 

17 (1) to provide additional documentation, the Admin18 istrator shall— 

19 (A) publish those documentation require20 ments on the website of the Administration not 

21 later than 7 days after the date of enactment of 

22 this Act; and 

23 (B) proactively provide those requirements 

24 to any such borrower that received a loan de25 scribed in paragraph (1). 
605 

•HR 925 EAH 

1 SEC. 407. PRINCIPAL AND INTEREST PAYMENTS FOR CER2 TAIN DISASTER LOANS. 

3 (a) IN GENERAL.—The Administrator shall pay the 

4 principal, interest, and any associated fees that are owed 

5 on a physical disaster loan or a covered EIDL loan as fol6 lows: 

7 (1) With respect to a physical disaster loan— 

8 (A) not in deferment, for the 12-month pe9 riod beginning with the next payment due on 

10 such loan; 

11 (B) in deferment, for the 12-month period 

12 beginning with the next payment due on such 

13 loan after the deferment period; and 

14 (C) made on or after the date of enactment 

15 of this Act, for the 12-month period beginning 

16 with the first payment due on such loan. 

17 (2) With respect to a covered EIDL loan— 

18 (A) not in deferment, for the 12-month pe19 riod beginning with the next payment due on 

20 such loan; and 

21 (B) in deferment, for the 12-month period 

22 beginning with the next payment due on such 

23 loan after the deferment period. 

24 (b) TIMING OF PAYMENT.—The Administrator shall 

25 begin making payments under subsection (a) not later than 
606 

•HR 925 EAH 

1 30 days after the date on which the first such payment is 

2 due. 

3 (c) APPLICATION OF PAYMENT.—Any payment made 

4 by the Administrator under subsection (a) shall be applied 

5 to the physical disaster loan or a covered EIDL loan (as 

6 applicable) such that the borrower is relieved of the obliga7 tion to pay that amount. 

8 (d) DEFINITIONS.—In this section: 

9 (1) PHYSICAL DISASTER LOAN.—The term 

10 ‘‘physical disaster loan’’ means a loan made under 

11 section 7(b)(1) of the Small Business Act (15 U.S.C. 

12 636(b)(1)) in a regular servicing status. 

13 (2) COVERED EIDL LOAN.—The term ‘‘covered 

14 EIDL loan’’ means a loan made under section 7(b)(2) 

15 of the Small Business Act (15 U.S.C. 636(b)(2)) 

16 that— 

17 (A) was approved by the Administrator be18 fore February 15, 2020; and 

19 (B) is in a regular servicing status. 

20 SEC. 408. TRAINING. 

21 The Administrator shall develop and implement a 

22 plan to train any staff responsible for implementing or ad23 ministering the loan program established under section 

24 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) on 

25 specific responsibilities with respect to such program. Such 
607 

•HR 925 EAH 

1 plan shall be submitted to the Committee on Small Business 

2 of the House of Representatives and the Committee on 

3 Small Business and Entrepreneurship of the Senate. 

4 SEC. 409. OUTREACH PLAN. 

5 Not later than 30 days after the date of the enactment 

6 of this Act, the Administrator shall submit to the Committee 

7 on Small Business of the House of Representatives and the 

8 Committee on Small Business and Entrepreneurship of the 

9 Senate an outreach plan to clearly communicate program 

10 and policy changes to all offices of the Administration, 

11 small business development centers (as defined in section 

12 3 of the Small Business Act (15 U.S.C. 632)), women’s busi13 ness centers (described under section 29 of such Act (15 

14 U.S.C. 656)), chapters of the Service Corps of Retired Ex15 ecutives (established under section 8(b)(1)(B) of such Act 

16 (15 U.S.C. 637(b)(1)(B))), Veteran Business Outreach Cen17 ters (described under section 32 of such Act (15 U.S.C. 

18 657b)), Members of Congress, congressional committees, 

19 small business concerns (as defined in section 3 of such Act 

20 (15 U.S.C. 632)), and the public. 

21 SEC. 410. REPORT ON BEST PRACTICES. 

22 Not later than 60 days after the date of the enactment 

23 of this Act, the Administrator shall submit to the Committee 

24 on Small Business of the House of Representatives and the 

25 Committee on Small Business and Entrepreneurship of the 
608 

•HR 925 EAH 

1 Senate a report on outlining the best practices to admin2 ister the loan program established under section 7(b)(2) of 

3 the Small Business Act (15 U.S.C. 636(b)(2)) during a pan4 demic. 

5 SEC. 411. EXTENSION OF PERIOD OF AVAILABILITY FOR AD6 MINISTRATIVE FUNDS. 

7 Section 1107(a) of the CARES Act (15 U.S.C. 

8 9006(a)) is amended in the matter preceding paragraph (1) 

9 by striking ‘‘until September 30, 2021’’ and inserting 

10 ‘‘until December 31, 2021, for amounts appropriated under 

11 paragraph (2), and until September 30, 2021, for all other 

12 amounts appropriated under this subsection’’. 

13 TITLE V—MICRO-SBIC AND EQ14 UITY INVESTMENT ENHANCE15 MENT 

16 SEC. 501. MICRO-SBIC PROGRAM. 

17 Title III of the Small Business Investment Act of 1958 

18 (15 U.S.C. 681 et seq.) is amended by adding at the end 

19 the following: 

20 ‘‘PART D—MICRO-SBIC PROGRAM 

21 ‘‘SEC. 399A. MICRO-SBIC PROGRAM. 

22 ‘‘(a) ESTABLISHMENT.—There is established in the Ad23 ministration a program to be known as the ‘Micro-SBIC 

24 Program’ under which the Administrator shall issue a li25 cense to an applicant for the purpose of making loans to 
609 

•HR 925 EAH 

1 and investments in small business concerns. An applicant 

2 licensed under this section shall have the same benefits as 

3 an applicant licensed under section 301. 

4 ‘‘(b) ELIGIBILITY.—An applicant desiring to receive a 

5 license to operate as a micro-SBIC shall submit an applica6 tion to the Administrator at such time, in such manner, 

7 and containing such information as the Administrator may 

8 require, including— 

9 ‘‘(1) evidence that the applicant holds private 

10 capital of not less than $5,000,000; 

11 ‘‘(2) evidence that the management of the appli12 cant is qualified and has significant business exper13 tise relevant to the applicant’s strategy; and 

14 ‘‘(3) an election to receive a seed investment 

15 under section 399C or leverage from the Adminis16 trator. 

17 ‘‘(c) ISSUANCE OF LICENSE.— 

18 ‘‘(1) PROCEDURES.— 

19 ‘‘(A) STATUS.—Not later than 90 days after 

20 the initial receipt by the Administrator of an 

21 application under this subsection, the Adminis22 trator shall provide the applicant with a written 

23 report detailing the status of the application and 

24 any requirements remaining for completion of 

25 the application. 
610 

•HR 925 EAH 

1 ‘‘(B) APPROVAL OR DISAPPROVAL.—Except 

2 as provided in subparagraph (C) and within a 

3 reasonable time after providing the report under 

4 subparagraph (A) and in accordance with such 

5 requirements as the Administrator may prescribe 

6 by regulation, the Administrator shall— 

7 ‘‘(i) approve the application and issue 

8 to the applicant a license to operate as a 

9 micro-SBIC; or 

10 ‘‘(ii) disapprove the application and 

11 notify the applicant in writing of the dis12 approval. 

13 ‘‘(C) PROVISIONAL APPROVAL.—The Admin14 istrator may provide provisional approval for an 

15 applicant for a period of not more than 12 

16 months before making a final determination of 

17 approval or disapproval under subparagraph 

18 (B). 

19 ‘‘(D) EXPLANATION OF DISAPPROVAL.—An 

20 applicant may submit to the Administrator a re21 quest for a written explanation regarding the 

22 disapproval of an application under subpara23 graph (B)(ii). 

24 ‘‘(2) APPEALS.— 
611 

•HR 925 EAH 

1 ‘‘(A) DISAPPROVED APPLICATIONS.—With 

2 respect to an application that is disapproved 

3 under paragraph (1)(B)(iii)— 

4 ‘‘(i) not later than 30 days after the 

5 date on which the application is dis6 approved, the applicant may submit an ap7 peal to the Chair of the Investment Division 

8 Licensing Committee of the Administration 

9 (referred to in this subparagraph as the 

10 ‘Chair’); and 

11 ‘‘(ii) not later than 30 days after the 

12 date on which the applicant submits an ap13 peal under clause (i), the Chair shall issue 

14 a ruling with respect to the appeal and no15 tify the applicant regarding such ruling. 

16 ‘‘(B) DENIAL OF APPEAL.—With respect to 

17 an application that the Chair denies in an ap18 peal submitted under subparagraph (A)— 

19 ‘‘(i) not later than 30 days after the 

20 date on which the Chair submits the notifi21 cation required under subparagraph (A)(ii), 

22 the applicant may submit to the Adminis23 trator an appeal of the ruling made by the 

24 Chair; and 
612 

•HR 925 EAH 

1 ‘‘(ii) not later than 30 days after the 

2 date on which the applicant submits an ap3 peal under clause (i), the Administrator 

4 shall issue a final ruling with respect to the 

5 appeal and notify the applicant regarding 

6 such ruling. 

7 ‘‘(3) PRIORITY.—In reviewing applications and 

8 issuing licenses under this section, the Administrator 

9 shall give priority to an applicant the management 

10 of which consists of at least two socially disadvan11 taged individuals or economically disadvantaged in12 dividuals and at least one track record investment 

13 committee member. 

14 ‘‘(4) EXPEDITED PROCEDURES.—The Adminis15 trator shall establish expedited procedures for the con16 sideration of an application submitted under sub17 section (b), including a written report under para18 graph (1)(A) not later than 45 days after the initial 

19 receipt of an application, for— 

20 ‘‘(A) a small business investment companies 

21 licensed under section 301; 

22 ‘‘(B) a rural business investment company; 

23 or 

24 ‘‘(C) a bank-owned applicant. 

25 ‘‘(d) MAXIMUM LEVERAGE.— 
613 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—For a micro-SBIC that elects 

2 to receive leverage under subsection (b)(3), the max3 imum amount of outstanding leverage made available 

4 to any one micro-SBIC may not exceed— 

5 ‘‘(A) 50 percent of the private capital of 

6 such micro-SBIC, not to exceed $25,000,000; or 

7 ‘‘(B) in the case of a micro-SBIC owned by 

8 persons who also own a small business invest9 ment company licensed under section 301, 100 

10 percent of the private capital of such micro11 SBIC, not to exceed $50,000,000. 

12 ‘‘(2) INVESTMENTS IN CERTAIN BUSINESSES.—In 

13 calculating the outstanding leverage of a micro-SBIC 

14 for purposes of paragraph (1), the Administrator 

15 shall exclude the amount of the cost basis of any in16 vestments made in an early-stage small business, 

17 growth-stage small business, scale-up small business, 

18 or covered small business in an amount not to ex19 ceed— 

20 ‘‘(A) $25,000,000; or 

21 ‘‘(B) in the case of a micro-SBIC owned by 

22 persons who also own a small business invest23 ment company licensed under section 301, 

24 $50,000,000. 
614 

•HR 925 EAH 

1 ‘‘SEC. 399B. MICRO-SBIC PROGRAM REQUIREMENTS. 

2 ‘‘(a) SURRENDER OF LICENSE.—A micro-SBIC that 

3 voluntarily surrenders a license issued under this section 

4 shall enter into an agreement with Administrator for the 

5 repayment of leverage received. Such agreement may not 

6 require the micro-SBIC to immediately repay all leverage 

7 received. 

8 ‘‘(b) ADMINISTRATION.—To the extent practicable, for 

9 a micro-SBIC that elects to receive leverage under section 

10 399A(b)(3), the Administrator shall administer the Micro11 SBIC Program in a similar manner to the program under 

12 section 301. 

13 ‘‘SEC. 399C. SEED INVESTMENT PROGRAM. 

14 ‘‘(a) ESTABLISHMENT.—The Administrator shall es15 tablish and carry out an equity investment program (in 

16 this part referred to as the ‘Seed Investment Program’) to 

17 provide seed investments to a micro-SBIC to invest in small 

18 business concerns. 

19 ‘‘(b) APPLICATION.—A micro-SBIC that elects to re20 ceive a seed investment under section 399A(b)(3) shall sub21 mit to the Administrator an application that includes the 

22 following: 

23 ‘‘(1) A business plan describing how the appli24 cant intends to make successful investments in early25 stage small businesses, growth-stage small businesses, 
615 

•HR 925 EAH 

1 scale-up small businesses, or covered small businesses, 

2 as applicable. 

3 ‘‘(2) A description of the extent to which the ap4 plicant meets the selection criteria under subsection 

5 (c). 

6 ‘‘(c) SELECTION.— 

7 ‘‘(1) IN GENERAL.—Not later than 90 days after 

8 the date of receipt of an application under subsection 

9 (b), the Administrator shall make a final determina10 tion to approve or disapprove the applicant as a par11 ticipant in the Seed Investment Program and shall 

12 submit such determination to the applicant in writ13 ing. 

14 ‘‘(2) CRITERIA.—In making a determination 

15 under paragraph (1), the Administrator shall con16 sider each of the following criteria: 

17 ‘‘(A) The likelihood that the applicant will 

18 meet the goals specified in the business plan of 

19 the applicant. 

20 ‘‘(B) The likelihood that the investments of 

21 the applicant will directly and indirectly create 

22 or preserve jobs. 

23 ‘‘(C) The character and fitness of the man24 agement of the applicant. 
616 

•HR 925 EAH 

1 ‘‘(D) The experience and background of the 

2 management of the applicant. 

3 ‘‘(E) The extent to which the applicant will 

4 concentrate investment activities on early-stage 

5 small businesses, growth-stage small businesses, 

6 scale-up small businesses, or covered small busi7 nesses, as applicable. 

8 ‘‘(F) The likelihood that the applicant will 

9 achieve profitability. 

10 ‘‘(G) The experience of the management of 

11 the applicant with respect to establishing a prof12 itable investment track record. 

13 ‘‘SEC. 399D. REQUIREMENTS FOR SEED INVESTMENTS. 

14 ‘‘(a) IN GENERAL.—The Administrator may make one 

15 seed investment to a Program participant, which shall be 

16 held in an account from which the Program participant 

17 may make withdrawals. 

18 ‘‘(b) AMOUNTS.— 

19 ‘‘(1) NON-FEDERAL CAPITAL.—A seed investment 

20 made to a Program participant may not exceed the 

21 amount of capital of such Program participant 

22 that— 

23 ‘‘(A) is not from a Federal source; and 

24 ‘‘(B) that is available for investment, in25 cluding through legally binding commitments, on 
617 

•HR 925 EAH 

1 or before the date on which the seed investment 

2 is approved. 

3 ‘‘(2) LIMITATION ON AMOUNT.—The amount of a 

4 seed investment made to a Program participant may 

5 not exceed the lesser of— 

6 ‘‘(A) $25,000,000; or 

7 ‘‘(B) 100 percent of the private capital com8 mitted to the Program participant. 

9 ‘‘(c) PROCESS.— 

10 ‘‘(1) IN GENERAL.—Amounts held in an account 

11 under this section shall remain available to a Pro12 gram participant— 

13 ‘‘(A) for initial seed investments, during the 

14 5-year period beginning on the date on which the 

15 Program participant first accesses amounts from 

16 the account; and 

17 ‘‘(B) for follow-on investments and manage18 ment fees, during the 10-year period beginning 

19 on the date on which the Program participant 

20 first accesses amounts from the account. 

21 ‘‘(2) EXTENSION.—Upon request by a Program 

22 participant, the Administrator may grant a 1-year 

23 extension of the period described in paragraph (1)(B) 

24 not more than 2 times. 
618 

•HR 925 EAH 

1 ‘‘(3) USE OF AMOUNTS.—A Program participant 

2 shall invest all amounts in the account during the 10- 

3 year period beginning on the date on which the Pro4 gram participant first accesses amounts from the ac5 count. 

6 ‘‘(d) PRIORITY.—The Administrator shall prioritize 

7 making seed investments under this section to Program par8 ticipants in underlicensed States. 

9 ‘‘(e) INVESTMENTS IN CERTAIN BUSINESSES.— 

10 ‘‘(1) IN GENERAL.—A Program participant that 

11 receives a seed investment under this part shall make 

12 all of the investments of such Program participant in 

13 small business concerns, of which at least 50 percent 

14 shall be in covered small businesses. 

15 ‘‘(2) MINORITY POSITIONS.—On the date on 

16 which a Program participant first accesses amounts 

17 from such seed investment, the Program participant 

18 may not own or control not more than 50 percent of 

19 the shares of any small business concern in which 

20 such Program participant invests. A Program partic21 ipant shall not pursue a buyout strategy as a pri22 mary purpose of an investment in such a small busi23 ness concern, but may take control in follow-on in24 vestments if necessary for the success of any such 

25 small business concern. 
619 

•HR 925 EAH 

1 ‘‘(3) EVALUATION OF COMPLIANCE.—The Admin2 istrator shall evaluate the compliance of a Program 

3 participant with the requirements under this section 

4 once such Program participant has expended 75 per5 cent of the amount of a seed investment made under 

6 this part. 

7 ‘‘(f) SEED INVESTMENT INTEREST.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) IN GENERAL.—Subject to paragraph 

10 (4), a Program participant that receives a seed 

11 investment under the Program shall convey a 

12 seed investment interest to the Administrator in 

13 accordance with subparagraph (B). 

14 ‘‘(B) EFFECT OF CONVEYANCE.—The seed 

15 investment interest conveyed under paragraph 

16 (1) shall have all the rights and attributes of 

17 other investors with respect to the Program par18 ticipant, but shall not assign control or voting 

19 rights to the Administrator. The seed investment 

20 interest shall entitle the Administrator to a pro 

21 rata portion of any distributions made by the 

22 Program participant equal to the percentage of 

23 capital in the Program participant that the seed 

24 investment comprises. The Administrator shall 

25 receive distributions from the Program partici-
620 

•HR 925 EAH 

1 pant at the same times and in the same amounts 

2 as any other investor in the Program partici3 pant with a similar interest. The Program par4 ticipant shall make allocations of income, gain, 

5 loss, deduction, and credit to the Administrator 

6 with respect to the seed investment interest as if 

7 the Administrator were an investor. 

8 ‘‘(2) MANAGER PROFITS.—The manager profits 

9 interest payable to the managers of a Program partic10 ipant shall not exceed 20 percent of profits, exclusive 

11 of any profits that may accrue as a result of the cap12 ital contributions of any such managers with respect 

13 to such Program participant. Any excess of this 

14 amount, less taxes payable thereon, shall be returned 

15 by the managers and paid to the investors and the 

16 Administrator in proportion to the capital contribu17 tions and seed investments paid in. No manager prof18 its interest (other than a tax distribution) shall be 

19 paid prior to the repayment to the investors and the 

20 Administrator of all contributed capital and seed in21 vestments made. A manager of a Program partici22 pant may charge reasonable and customary manage23 ment and organizational fees. 

24 ‘‘(3) DISTRIBUTION REQUIREMENTS.—A Pro25 gram participant that receives a seed investment 
621 

•HR 925 EAH 

1 under the Program shall make all distributions to all 

2 investors in cash and shall make distributions within 

3 a reasonable time after exiting investments, including 

4 following a public offering or market sale of under5 lying investments. 

6 ‘‘(4) LIMITATION ON GRANT PROFITS.—Once the 

7 Administrator has received an amount equal to 110 

8 percent of the amount of the seed investment made to 

9 a Program participant, the requirement to convey 

10 seed investment interest under this subsection shall be 

11 terminated and no further distributions of profits 

12 shall be made to the Administrator. 

13 ‘‘SEC. 399E. ADMINISTRATION. 

14 ‘‘(a) ELECTRONIC SUBMISSIONS.—The Administrator 

15 shall permit the electronic submission of any document sub16 mitted under this part or pursuant to a regulation carrying 

17 out this part, including by permitting an electronic signa18 ture for any signature that is required on such a document. 

19 ‘‘(b) APPLICATION OF PENALTIES.—To the extent not 

20 inconsistent with requirements under this part, the Admin21 istrator may take such action as set forth in sections 309, 

22 311, 312, 313, and 314 to activities under this part and 

23 an officer, director, employee, agent, or other participant 

24 in a micro-SBIC shall be subject to the requirements under 

25 such sections. 
622 

•HR 925 EAH 

1 ‘‘SEC. 399F. REPORT. 

2 ‘‘The Administrator shall include in the annual report 

3 required under section 10(a) of the Small Business Act a 

4 description of— 

5 ‘‘(1) the number of applications received under 

6 this part, including the number of applications re7 ceived from applicants for which the management 

8 consists of at least two socially disadvantaged indi9 viduals or economically disadvantaged individuals; 

10 and 

11 ‘‘(2) the number of licenses issued under section 

12 399A, including the number of such licenses issued to 

13 applicants for which the management consists of at 

14 least two socially disadvantaged individuals or eco15 nomically disadvantaged individuals. 

16 ‘‘SEC. 399G. DEFINITIONS. 

17 ‘‘In this part: 

18 ‘‘(1) APPLICANT.—The term ‘applicant’ means— 

19 ‘‘(A) an incorporated body, a limited liabil20 ity corporation, or a limited partnership orga21 nized and chartered or otherwise existing under 

22 State law solely for the purpose of performing 

23 the functions and conducting the activities con24 templated under this section; or 

25 ‘‘(B) a bank-owned applicant, rural busi26 ness investment company, or small business in-
623 

•HR 925 EAH 

1 vestment company licensed under section 301 

2 that submits an application to operate as a 

3 micro-SBIC under section 399A. 

4 ‘‘(2) BANK-OWNED APPLICANT.—the term ‘bank5 owned applicant’ means an applicant for a license to 

6 operate as a small business investment company 

7 under this part that— 

8 ‘‘(A) is a national bank or any member 

9 bank of the Federal Reserve System or non10 member insured bank that bears the same name 

11 as the small business investment company that is 

12 the subject of the application; 

13 ‘‘(B) is domestically domiciled within the 

14 United States; and 

15 ‘‘(C) has not had a license issued under this 

16 Act revoked or involuntarily surrendered during 

17 the 10-year period preceding the date on which 

18 the application is submitted; 

19 ‘‘(3) COVERED SMALL BUSINESS.—The term ‘cov20 ered small business’ means a small business concern 

21 that— 

22 ‘‘(A) is a small business concern owned and 

23 controlled by women (as defined in section 3(n) 

24 of the Small Business Act), small business con25 cern owned and controlled by socially and eco-
624 

•HR 925 EAH 

1 nomically disadvantaged individuals (as defined 

2 in section 8(d)(3)(C) of such Act), a small busi3 ness concern owned and controlled by veterans 

4 (as defined in section 3(q) of such Act) or a 

5 Tribal business concern (as described in section 

6 31(b)(2)(C) of such Act); 

7 ‘‘(B) has its principal place of business lo8 cated in a rural census tract (as determined 

9 under the most recent rural urban commuting 

10 area code as set forth by the Office of Manage11 ment and Budget); 

12 ‘‘(C) is a domestic manufacturing business 

13 that is assigned a North American Industry 

14 Classification System code beginning with 31, 

15 32, or 33 at the time at which the small business 

16 concern receives an investment from a micro17 SBIC under this section; or 

18 ‘‘(D) either— 

19 ‘‘(i) had gross receipts during the first 

20 or second quarter in 2020 that are not less 

21 than 50 percent less than the gross receipts 

22 of the concern during the same quarter in 

23 2019; 

24 ‘‘(ii) if the concern was not in business 

25 during the first or second quarter of 2019, 
625 

•HR 925 EAH 

1 but was in business during the third and 

2 fourth quarter of 2019, had gross receipts 

3 during the first or second quarter of 2020 

4 that are less than 50 percent of the amount 

5 of the gross receipts of the concern during 

6 the third or fourth quarter of 2019; 

7 ‘‘(iii) if the concern was not in busi8 ness during the first, second, or third quar9 ter of 2019, but was in business during the 

10 fourth quarter of 2019, had gross receipts 

11 during the first or second quarter of 2020 

12 that are less than 50 percent of the amount 

13 of the gross receipts of the concern during 

14 the fourth quarter of 2019; or 

15 ‘‘(iv) if the concern was not in business 

16 during 2019, but was in operation on Feb17 ruary 15, 2020, had gross receipts during 

18 the second quarter of 2020 that are less than 

19 50 percent of the amount of the gross re20 ceipts of the concern during the first quarter 

21 of 2020. 

22 ‘‘(4) EARLY-STAGE SMALL BUSINESS.—The term 

23 ‘early-stage small business’ means a small business 

24 concern that— 
626 

•HR 925 EAH 

1 ‘‘(A) is domestically domiciled within the 

2 United States; 

3 ‘‘(B) during the 3-year period preceding the 

4 date of application, has not generated gross an5 nual sales revenues exceeding $15,000,000; 

6 ‘‘(C) produces a majority of its goods or 

7 provides a majority of its services in the United 

8 States; and 

9 ‘‘(D) does not move production or employ10 ment outside the United States. 

11 ‘‘(5) ECONOMICALLY DISADVANTAGED INDI12 VIDUAL; SOCIALLY DISADVANTAGED INDIVIDUAL.—The 

13 terms ‘economically disadvantaged individual’ and 

14 ‘socially disadvantaged individual’ have the meanings 

15 given, respectively, in section 8(a) of the Small Busi16 ness Act. 

17 ‘‘(6) GROWTH-STAGE SMALL BUSINESS.—The 

18 term ‘growth-stage small business’ means a small 

19 business concern that— 

20 ‘‘(A) is domestically domiciled within the 

21 United States; 

22 ‘‘(B) during the 3-year period preceding the 

23 date of application, has not generated gross an24 nual sales revenues exceeding $30,000,000; 
627 

•HR 925 EAH 

1 ‘‘(C) produces a majority of its good or pro2 vides a majority of its services in the United 

3 States; and 

4 ‘‘(D) does not move production or employ5 ment outside the United States. 

6 ‘‘(7) MANAGEMENT.—The term ‘management’ 

7 means a general partner of an applicant or member 

8 of the investment committee of an applicant. 

9 ‘‘(8) MICRO-SBIC.—The term ‘micro-SBIC’ 

10 means an applicant licensed under section 399A. 

11 ‘‘(9) PROGRAM PARTICIPANT.—The term ‘Pro12 gram participant’ means a micro-SBIC that received 

13 a seed investment under the Seed Investment Program 

14 established by section 399C. 

15 ‘‘(10) SCALE-UP SMALL BUSINESS.—The term 

16 ‘scale-up small business’ means a small business con17 cern that— 

18 ‘‘(A) is domestically domiciled within the 

19 United States; 

20 ‘‘(B) during the 3-year period preceding the 

21 date of application, has not generated earnings 

22 before interest, tax, depreciation, and amortiza23 tion in excess of $3,000,000; 
628 

•HR 925 EAH 

1 ‘‘(C) produces a majority of its goods or 

2 provides a majority of its services in the United 

3 States; and 

4 ‘‘(D) does not move production or employ5 ment outside the United States. 

6 ‘‘(11) SMALL BUSINESS CONCERN.—The term 

7 ‘small business concern’ has the meaning given under 

8 section 3(a) of the Small Business Act (15 U.S.C. 

9 632(a)). 

10 ‘‘(12) TRACK RECORD INVESTMENT COMMITTEE

11 MEMBER.—The term ‘track record investment com12 mittee member’ means a current or former small busi13 ness investment company licensed under section 301, 

14 a private small- and lower-middle-market venture 

15 capital firm, or a private equity fund manager with 

16 the knowledge, experience, and capability necessary to 

17 serve as management for an applicant. 

18 ‘‘(13) UNITED STATES.—The term ‘United 

19 States’ means each of the several States, the District 

20 of Columbia, each territory or possession of the 

21 United States, and each federally recognized Indian 

22 Tribe. 

23 ‘‘SEC. 399H. FUNDING. 

24 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the revolving fund estab-
629 

•HR 925 EAH 

1 lished under subsection (b) $1,000,000,000 for the first full 

2 fiscal year beginning after the date of the enactment of this 

3 part to carry out the requirements of this part. 

4 ‘‘(b) REVOLVING FUND.—There is created within the 

5 Administration a separate revolving fund for the Seed In6 vestment Program established under section 399C, which 

7 shall be available to the Administrator subject to annual 

8 appropriations. All amounts received by the Administrator, 

9 including any money, property, or assets derived by the Ad10 ministrator from operations in connection with the Seed 

11 Investment Program, including repayments of seed invest12 ments, shall be deposited in the revolving fund. All expenses 

13 and payments, excluding administrative expenses, pursuant 

14 to the operations of the Administrator under the Seed In15 vestment Program shall be paid from the revolving fund.’’. 

16 TITLE VI—MISCELLANEOUS 

17 SEC. 601. REPEAL OF UNEMPLOYMENT GRANTS. 

18 Section 1110(e)(6) of the CARES Act (15 U.S.C. 9009) 

19 is repealed. 

20 SEC. 602. SUBSIDY FOR CERTAIN LOAN PAYMENTS. 

21 (a) IN GENERAL.—Section 1112 of the CARES Act (15 

22 U.S.C. 9011) is amended— 

23 (1) in subsection (c)— 

24 (A) in paragraph (1)— 
630 

•HR 925 EAH 

1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘, without regard to 

3 the date on which the covered loan is fully 

4 disbursed and subject to availability of 

5 funds’’ after ‘‘status’’; and 

6 (ii) by amending subparagraphs (A), 

7 (B), and (C) to read as follows: 

8 ‘‘(A) with respect to a covered loan ap9 proved by the Administration before the date of 

10 enactment of this Act and not on deferment— 

11 ‘‘(i) except as provided in clauses (ii) 

12 and (iii), for the 6-month period beginning 

13 with the next payment due on the covered 

14 loan after the covered loan is fully dis15 bursed; 

16 ‘‘(ii) for the 11-month period begin17 ning with the next payment due on the cov18 ered loan after the covered loan is fully dis19 bursed, with respect to a covered loan 

20 that— 

21 ‘‘(I) is described in subsection 

22 (a)(1)(B) or is a loan guaranteed by 

23 the Administration under section 7(a) 

24 of the Small Business Act (15 U.S.C. 

25 636(a)) other than a loan described in 
631 

•HR 925 EAH 

1 clause (i) or (ii) of subsection 

2 (a)(1)(A); and 

3 ‘‘(II) is made to a borrower oper4 ating primarily in an industry that is 

5 assigned a North American Industry 

6 Classification System code beginning 

7 with 21, 31, 32, 33, 44, 45, 48, 49, 51, 

8 53, 54, 56, 62, or 81; and 

9 ‘‘(iii) for the 18-month period begin10 ning with the next payment due on the cov11 ered loan after the covered loan is fully dis12 bursed, with respect to— 

13 ‘‘(I) a covered loan described in 

14 paragraph (1)(A)(i) or paragraph (2) 

15 of subsection (a); or 

16 ‘‘(II) any covered loan made to a 

17 borrower operating primarily in an 

18 industry that is assigned a North 

19 American Industry Classification Sys20 tem code of 485510 or that begins with 

21 61, 71, or 72; 

22 ‘‘(B) with respect to a covered loan ap23 proved by the Administration before the date of 

24 enactment of this Act and on deferment— 
632 

•HR 925 EAH 

1 ‘‘(i) except as provided in clauses (ii) 

2 and (iii), for the 6-month period beginning 

3 with the next payment due on the covered 

4 loan after the deferment period and after 

5 the covered loan is fully disbursed; 

6 ‘‘(ii) for the 11-month period begin7 ning with the next payment due on the cov8 ered loan after the deferment period and 

9 after the covered loan is fully disbursed, 

10 with respect to a covered loan described in 

11 subclause (I) or (II) of subparagraph 

12 (A)(ii); and 

13 ‘‘(iii) for the 18-month period begin14 ning with the next payment due on the cov15 ered loan after the deferment period and 

16 after the covered loan is fully disbursed, 

17 with respect to a covered loan described in 

18 subclause (I) or (II) of subparagraph 

19 (A)(iii); and 

20 ‘‘(C) with respect to a covered loan made 

21 during the period beginning on the date of enact22 ment of this Act and ending on the date that is 

23 30 months after such date of enactment— 

24 ‘‘(i) except as provided in clause (ii), 

25 for the 6-month period beginning with the 
633 

•HR 925 EAH 

1 first payment due after the loan is fully dis2 bursed; and 

3 ‘‘(ii) for a covered loan described in 

4 paragraph (1)(A)(i) or (2) of subsection (a) 

5 that is approved by the Administrator, for 

6 the 18-month period beginning with the 

7 first payment due after the loan is fully dis8 bursed.’’; and 

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

10 ‘‘(4) ADDITIONAL PROVISIONS FOR NEW

11 LOANS.—With respect to a loan described in para12 graph (1)(C)— 

13 ‘‘(A) the Administrator may further extend 

14 the 30-month period described in paragraph 

15 (1)(C) if there are sufficient funds to continue 

16 those payments; and 

17 ‘‘(B) during the underwriting process, a 

18 lender of such a loan may consider the payments 

19 under this section as part of a comprehensive re20 view to determine the ability to repay. 

21 ‘‘(5) ELIGIBILITY.—Eligibility for a covered loan 

22 to receive such payments of principal, interest, and 

23 any associated fees under this subsection shall be 

24 based on the date on which the covered loan is ap25 proved by the Administration. 
634 

•HR 925 EAH 

1 ‘‘(6) AUTHORITY TO REVISE EXTENSIONS.— 

2 ‘‘(A) IN GENERAL.—As part of preparing 

3 the reports under subsection (i)(5) that are re4 quired to be submitted not later than January 

5 15, 2021, and not later than June 15, 2021, the 

6 Administrator shall conduct an evaluation of 

7 whether amounts made available to make pay8 ments under this subsection are sufficient to 

9 make the payments for the period described in 

10 paragraph (1). 

11 ‘‘(B) PLAN.—If the Administrator deter12 mines under subparagraph (A) that the amounts 

13 made available to make payments under this 

14 subsection are insufficient, the Administrator 

15 shall— 

16 ‘‘(i) develop a plan to proportionally 

17 reduce the number of months provided for 

18 each period described in paragraph (1), 

19 which shall include the goal of using all 

20 available amounts made available to make 

21 payments under this subsection; and 

22 ‘‘(ii) before taking action under the 

23 plan developed under clause (i), include in 

24 the applicable report under subsection (i)(5) 
635 

•HR 925 EAH 

1 the plan and the data that informs the 

2 plan. 

3 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection shall preclude a borrower from receiving 

5 full payments of principal, interest, and any associ6 ated fees as authorized by subsection, regardless of the 

7 application of a plan implemented under paragraph 

8 (6)(B).’’; 

9 (2) by redesignating subsection (f) as subsection 

10 (j); and 

11 (3) by inserting after subsection (e) the following: 

12 ‘‘(f) ELIGIBILITY FOR NEW LOANS.— 

13 ‘‘(1) IN GENERAL.—With respect to a covered 

14 loan made on or after the date of enactment of the 

15 PPP and EIDL Enhancement Act of 2020, the cov16 ered loan shall have a maturity of not less than 48 

17 months in order to be eligible for payments made 

18 under this section. 

19 ‘‘(2) LENDING PROGRAMS.—The minimum ma20 turity requirements of paragraph (1) shall not pro21 hibit the Administrators from establishing a min22 imum maturity of longer than 48 months for a loan 

23 described under subsection (a), taking into consider24 ation the normal underwriting requirements for each 

25 such program. 
636 

•HR 925 EAH 

1 ‘‘(g) LIMITATION ON ASSISTANCE.—A borrower may 

2 not receive assistance under subsection (c) for more than 

3 1 covered loan of the borrower described in paragraph 

4 (1)(C) of that subsection. 

5 ‘‘(h) REPORTING AND OUTREACH.— 

6 ‘‘(1) UPDATE TO WEBSITE.—Not later than 7 

7 days after the date of enactment of the PPP and 

8 EIDL Enhancement Act of 2020, the Administrator 

9 shall update the website of the Administration to de10 scribe the requirements relating to payments made 

11 under this section. 

12 ‘‘(2) PUBLICATION OF LIST.—Not later than 14 

13 days after the date of enactment of the PPP and 

14 EIDL Enhancement Act of 2020, the Administrator 

15 shall transmit to each lender of a covered loan a list 

16 of each borrower of a covered loan that includes the 

17 North American Industry Classification System code 

18 assigned to the borrower, to assist the lenders in iden19 tifying which borrowers qualify for an extension of 

20 payments under subsection (c). 

21 ‘‘(3) EDUCATION AND OUTREACH.— 

22 ‘‘(A) IN GENERAL.—The Administrator 

23 shall provide education and outreach to lenders, 

24 borrowers, district offices, and resource partners 

25 of the Administration in order to ensure full and 
637 

•HR 925 EAH 

1 proper compliance with this section, encourage 

2 broad participation with respect to covered loans 

3 that have not yet been approved by the Adminis4 trator, and help lenders transition borrowers 

5 from subsidy payments under this section di6 rectly to a deferral when suitable for the bor7 rower. 

8 ‘‘(B) RESOURCE PARTNERS DEFINED.—In 

9 this paragraph, the term ‘resource partners ’ 

10 means small business development centers (as de11 fined in section 3 of the Small Business Act (15 

12 U.S.C. 632)), women’s business centers (described 

13 under section 29 of such Act (15 U.S.C. 656)), 

14 chapters of the Service Corps of Retired Execu15 tives (established under section 8(b)(1)(B) of such 

16 Act (15 U.S.C. 637(b)(1)(B))), and Veteran 

17 Business Outreach Centers (described under sec18 tion 32 of such Act (15 U.S.C. 657b)). 

19 ‘‘(4) NOTIFICATION.—Not later than 30 days 

20 after the date of enactment of the PPP and EIDL En21 hancement Act of 2020, the Administrator shall mail 

22 a letter to each borrower of a covered loan that in23 cludes— 

24 ‘‘(A) an overview of payments made under 

25 this section; 
638 

•HR 925 EAH 

1 ‘‘(B) the rights of the borrower to receive 

2 such payments; 

3 ‘‘(C) how to seek recourse with the Adminis4 trator or the lender of the covered loan if the bor5 rower has not received such payments; and 

6 ‘‘(D) the rights of the borrower to request a 

7 loan deferral from a lender, and guidance on 

8 how to do successfully transition directly to a 

9 loan deferral once subsidy payments under this 

10 section are concluded. 

11 ‘‘(5) MONTHLY REPORTING.—Not later than the 

12 15th of each month beginning after the date of enact13 ment of the PPP and EIDL Enhancement Act of 

14 2020, the Administrator shall submit to Congress a 

15 report on payments made under this section, which 

16 shall include— 

17 ‘‘(A) monthly and cumulative data on pay18 ments made under this section as of the date of 

19 the report, including a breakdown by— 

20 ‘‘(i) the number of participating bor21 rowers; 

22 ‘‘(ii) the volume of payments made for 

23 each type of covered loan; and 

24 ‘‘(iii) the volume of payments made for 

25 covered loans made before the date of enact-
639 

•HR 925 EAH 

1 ment of this Act and loans made after such 

2 date of enactment; 

3 ‘‘(B) the names of any lenders of covered 

4 loans that have not submitted information on the 

5 covered loans to the Administrator during the 

6 preceding month; and 

7 ‘‘(C) an update on the education and out8 reach activities of the Administration carried out 

9 under paragraph (3). 

10 ‘‘(i) REGULATIONS.—Not later than 30 days after the 

11 date of enactment of the PPP and EIDL Enhancement Act 

12 of 2020, the Administrator shall issue rules to guard 

13 against abuse or excessive and unintended use by lenders 

14 or borrowers of the payments provided under this section.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by this 

16 section shall apply as if included in the enactment of section 

17 1112 of the CARES Act (15 U.S.C. 9011). 

18 SEC. 603. MODIFICATIONS TO 7(a) LOAN PROGRAMS. 

19 (a) 7(a) LOAN GUARANTEES.— 

20 (1) IN GENERAL.—Section 7(a)(2)(A) of the 

21 Small Business Act (15 U.S.C. 636(a)(2)(A)) is 

22 amended by striking ‘‘), such participation by the Ad23 ministration shall be equal to’’ and all that follows 

24 through the period at the end and inserting ‘‘or the 

25 Community Advantage Pilot Program of the Admin-
640 

•HR 925 EAH 

1 istration), such participation by the Administration 

2 shall be equal to 90 percent of the balance of the fi3 nancing outstanding at the time of disbursement of 

4 the loan.’’. 

5 (2) PROSPECTIVE REPEAL.—Effective October 1, 

6 2021, section 7(a)(2)(A) of the Small Business Act 

7 (15 U.S.C. 636(a)(2)(A)), as amended by paragraph 

8 (1), is amended to read as follows: 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraphs (B), (D), (E), and (F), in an 

11 agreement to participate in a loan on a deferred 

12 basis under this subsection (including a loan 

13 made under the Preferred Lenders Program), 

14 such participation by the Administration shall 

15 be equal to— 

16 ‘‘(i) 75 percent of the balance of the fi17 nancing outstanding at the time of dis18 bursement of the loan, if such balance ex19 ceeds $150,000; or 

20 ‘‘(ii) 85 percent of the balance of the fi21 nancing outstanding at the time of dis22 bursement of the loan, if such balance is less 

23 than or equal to $150,000.’’. 

24 (b) EXPRESS LOANS.— 
641 

•HR 925 EAH 

1 (1) LOAN AMOUNT.—Section 1102(c)(2) of the 

2 CARES Act (Public Law 116–36; 15 U.S.C. 636 

3 note) is amended to read as follows: 

4 ‘‘(2) PROSPECTIVE REPEAL.—Section 

5 7(a)(31)(D) of the Small Business Act (15 U.S.C. 

6 ‘‘(A) by striking ‘$1,000,000’ and inserting 

7 ‘$500,000’, effective during the period beginning 

8 on January 1, 2021, and ending on September 

9 30, 2021; and 

10 ‘‘(B) (B) by striking ‘$500,000’ and insert11 ing ‘$350,000’, effective October 1, 2021.’’. 

12 (2) GUARANTEE RATES.— 

13 (A) TEMPORARY MODIFICATION.—Section 

14 7(a)(31)(A)(iv) of the Small Business Act (15 

15 U.S.C. 636(a)(31)(A)(iv)) is amended by striking 

16 ‘‘with a guaranty rate of not more than 50 per17 cent.’’ and inserting the following: ‘‘with a guar18 antee rate— 

19 ‘‘(I) for a loan in an amount less 

20 than or equal to $350,000, of not more 

21 than 75 percent; and 

22 ‘‘(II) for a loan in an amount 

23 greater than $350,000, of not more 

24 than 50 percent.’’. 
642 

•HR 925 EAH 

1 (B) PROSPECTIVE REPEAL.—Effective Octo2 ber 1, 2021, section 7(a)(31)(A)(iv) of the Small 

3 Business Act (15 U.S.C. 636(a)(31)), as amended 

4 by subparagraph (A), is amended by striking 

5 ‘‘guarantee rate’’ and all that follows through the 

6 period at the end and inserting ‘‘guarantee rate 

7 of not more than 50 percent.’’. 

8 SEC. 604. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(A) 

9 LOANS. 

10 Section 7(a)(7) of the Small Business Act (15 U.S.C. 

11 636(a)(7)) is amended— 

12 (1) by striking ‘‘The Administration’’ and in13 serting ‘‘(A) IN GENERAL.—The Administrator’’; 

14 (2) by inserting ‘‘and interest’’ after ‘‘principal’’; 

15 and 

16 (3) by adding at the end the following new sub17 paragraphs: 

18 ‘‘(B) DEFERRAL REQUIREMENTS.—With respect 

19 to a deferral provided under this paragraph, the Ad20 ministrator may allow lenders under this sub21 section— 

22 ‘‘(i) to provide full payment deferment relief 

23 (including payment of principal and interest) 

24 for a period of not more than 1 year; and 
643 

•HR 925 EAH 

1 ‘‘(ii) to provide an additional deferment pe2 riod if the borrower provides documentation jus3 tifying such additional deferment. 

4 ‘‘(C) SECONDARY MARKET.—If an investor de5 clines to approve a deferral or additional deferment 

6 requested by a lender under subparagraph (B), the 

7 Administrator shall exercise the authority to purchase 

8 the loan so that the borrower may receive full pay9 ment deferment relief (including payment of prin10 cipal and interest) or an additional deferment as de11 scribed under subparagraph (B).’’. 

12 SEC. 605. RECOVERY ASSISTANCE UNDER THE MICROLOAN 

13 PROGRAM. 

14 (a) LOANS TO INTERMEDIARIES.— 

15 (1) IN GENERAL.—Section 7(m) of the Small 

16 Business Act (15 U.S.C. 636(m)) is amended— 

17 (A) in paragraph (3)(C)— 

18 (i) by striking ‘‘and $6,000,000’’ and 

19 inserting ‘‘$10,000,000 (in the aggregate)’’; 

20 and 

21 (ii) by inserting before the period at 

22 the end the following: ‘‘, and $4,500,000 in 

23 any of those remaining years’’; 

24 (B) in paragraph (4)— 
644 

•HR 925 EAH 

1 (i) in subparagraph (A), by striking 

2 ‘‘subparagraph (C)’’ each place that term 

3 appears and inserting ‘‘subparagraphs (C) 

4 and (G)’’; 

5 (ii) in subparagraph (C), by amending 

6 clause (i) to read as follows: 

7 ‘‘(i) IN GENERAL.—In addition to 

8 grants made under subparagraph (A) or 

9 (G), each intermediary shall be eligible to 

10 receive a grant equal to 5 percent of the 

11 total outstanding balance of loans made to 

12 the intermediary under this subsection if— 

13 ‘‘(I) the intermediary provides not 

14 less than 25 percent of its loans to 

15 small business concerns located in or 

16 owned by one or more residents of an 

17 economically distressed area; or 

18 ‘‘(II) the intermediary has a port19 folio of loans made under this sub20 section— 

21 ‘‘(aa) that averages not more 

22 than $10,000 during the period of 

23 the intermediary’s participation 

24 in the program; or 
645 

•HR 925 EAH 

1 ‘‘(bb) of which not less than 

2 25 percent is serving rural areas 

3 during the period of the 

4 intermediary’s participation in 

5 the program.’’; and 

6 (iii) by adding at the end the following 

7 new subparagraph: 

8 ‘‘(G) GRANT AMOUNTS BASED ON APPRO9 PRIATIONS.—In any fiscal year in which the 

10 amount appropriated to make grants under sub11 paragraph (A) is sufficient to provide to each 

12 intermediary that receives a loan under para13 graph (1)(B)(i) a grant of not less than 25 per14 cent of the total outstanding balance of loans 

15 made to the intermediary under this subsection, 

16 the Administration shall make a grant under 

17 subparagraph (A) to each intermediary of not 

18 less than 25 percent and not more than 30 per19 cent of that total outstanding balance for the 

20 intermediary.’’; 

21 (C) by striking paragraph (7) and inserting 

22 the following: 

23 ‘‘(7) PROGRAM FUNDING FOR MICROLOANS.— 

24 Under the program authorized by this subsection, the 
646 

•HR 925 EAH 

1 Administration may fund, on a competitive basis, not 

2 more than 300 intermediaries.’’; and 

3 (D) in paragraph (11)— 

4 (i) in subparagraph (C)(ii), by strik5 ing all after the semicolon and inserting 

6 ‘‘and’’; and 

7 (ii) by striking all after subparagraph 

8 (C), and inserting the following: 

9 ‘‘(D) the term ‘economically distressed area’, 

10 as used in paragraph (4), means a county or 

11 equivalent division of local government of a 

12 State in which the small business concern is lo13 cated, in which, according to the most recent 

14 data available from the Bureau of the Census, 

15 Department of Commerce, not less than 40 per16 cent of residents have an annual income that is 

17 at or below the poverty level.’’. 

18 (2) PROSPECTIVE AMENDMENT.—Effective on 

19 October 1, 2021, section 7(m)(3)(C) of the Small 

20 Business Act (15 U.S.C. 636(m)(3)(C)), as amended 

21 by paragraph (1)(A), is further amended— 

22 (A) by striking ‘‘$10,000,000’’ and by in23 serting ‘‘$7,000,000’’; and 

24 (B) by striking ‘‘$4,500,000’’ and inserting 

25 ‘‘$3,000,000’’. 
647 

•HR 925 EAH 

1 (b) TEMPORARY WAIVER OF TECHNICAL ASSISTANCE

2 GRANTS MATCHING REQUIREMENTS AND FLEXIBILITY ON

3 PRE- AND POST-LOAN ASSISTANCE.—During the period be4 ginning on the date of enactment of this section and ending 

5 on September 30, 2021, the Administration shall waive— 

6 (1) the requirement to contribute non-Federal 

7 funds under section 7(m)(4)(B) of the Small Business 

8 Act (15 U.S.C. 636(m)(4)(B)); and 

9 (2) the limitation on amounts allowed to be ex10 pended to provide information and technical assist11 ance under clause (i) of section 7(m)(4)(E) of the 

12 Small Business Act (15 U.S.C. 636(m)(4)(E)) and 

13 enter into third-party contracts to provide technical 

14 assistance under clause (ii) of such section 

15 7(m)(4)(E). 

16 (c) TEMPORARY DURATION OF LOANS TO BOR17 ROWERS.— 

18 (1) IN GENERAL.—During the period beginning 

19 on the date of enactment of this section and ending 

20 on September 30, 2021, the duration of a loan made 

21 by an eligible intermediary under section 7(m) of the 

22 Small Business Act (15 U.S.C. 636(m))— 

23 (A) to an existing borrower may be ex24 tended to not more than 8 years; and 
648 

•HR 925 EAH 

1 (B) to a new borrower may be not more 

2 than 8 years. 

3 (2) REVERSION.—On and after October 1, 2021, 

4 the duration of a loan made by an eligible inter5 mediary to a borrower under section 7(m) of the 

6 Small Business Act (15 U.S.C. 636(m)) shall be 7 

7 years or such other amount established by the Admin8 istrator. 

9 (d) FUNDING.—Section 20 of the Small Business Act 

10 (15 U.S.C. 631 note) is amended by adding at the end the 

11 following new subsection: 

12 ‘‘(h) MICROLOAN PROGRAM.—For each of fiscal years 

13 2021 through 2025, the Administration is authorized to 

14 make— 

15 ‘‘(1) $80,000,000 in technical assistance grants, 

16 as provided in section 7(m); and 

17 ‘‘(2) $110,000,000 in direct loans, as provided in 

18 section 7(m).’’. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi20 tion to amounts provided under the Consolidated Appro21 priations Act, 2020 (Public Law 116–93) for the program 

22 established under section 7(m) of the Small Business Act 

23 (15 U.S.C. 636(m)), there is authorized to be appropriated 

24 for fiscal year 2020, to remain available until expended— 
649 

•HR 925 EAH 

1 (1) $50,000,000 to provide technical assistance 

2 grants under such section 7(m); and 

3 (2) $7,000,000 to provide direct loans under such 

4 section 7(m). 

5 SEC. 606. MAXIMUM LOAN AMOUNT FOR 504 LOANS. 

6 (a) PERMANENT INCREASE FOR SMALL MANUFACTUR7 ERS.—Section 502(2)(A)(iii) of the Small Business Invest8 ment Act of 1958 (15 U.S.C. 696(2)(A)(iii)) is amended 

9 by striking ‘‘$5,500,000’’ and inserting ‘‘$6,500,000’’. 

10 (b) LOW-INTEREST REFINANCING UNDER THE LOCAL

11 DEVELOPMENT BUSINESS LOAN PROGRAM.— 

12 (1) REPEAL.—Section 521(a) of title V of divi13 sion E of the Consolidated Appropriations Act, 2016 

14 (Public Law 114–113; 129 Stat. 2463; 15 U.S.C. 696 

15 note) is repealed. 

16 (2) REFINANCING.—Section 502(7) of the Small 

17 Business Investment Act of 1958 (15 U.S.C. 696(7)) 

18 is amended by adding at the end the following new 

19 subparagraph: 

20 ‘‘(C) REFINANCING NOT INVOLVING EXPAN21 SIONS.— 

22 ‘‘(i) DEFINITIONS.—In this subpara23 graph— 

24 ‘‘(I) the term ‘borrower’ means a 

25 small business concern that submits an 
650 

•HR 925 EAH 

1 application to a development company 

2 for financing under this subparagraph; 

3 ‘‘(II) the term ‘eligible fixed asset’ 

4 means tangible property relating to 

5 which the Administrator may provide 

6 financing under this section; and 

7 ‘‘(III) the term ‘qualified debt’ 

8 means indebtedness that— 

9 ‘‘(aa) was incurred not less 

10 than 6 months before the date of 

11 the application for assistance 

12 under this subparagraph; 

13 ‘‘(bb) is a commercial loan; 

14 ‘‘(cc) the proceeds of which 

15 were used to acquire an eligible 

16 fixed asset; 

17 ‘‘(dd) was incurred for the 

18 benefit of the small business con19 cern; and 

20 ‘‘(ee) is collateralized by eli21 gible fixed assets; and 

22 ‘‘(ii) AUTHORITY.—A project that does 

23 not involve the expansion of a small busi24 ness concern may include the refinancing of 

25 qualified debt if— 
651 

•HR 925 EAH 

1 ‘‘(I) the amount of the financing 

2 is not more than 90 percent of the 

3 value of the collateral for the financing, 

4 except that, if the appraised value of 

5 the eligible fixed assets serving as col6 lateral for the financing is less than 

7 the amount equal to 125 percent of the 

8 amount of the financing, the borrower 

9 may provide additional cash or other 

10 collateral to eliminate any deficiency; 

11 ‘‘(II) the borrower has been in op12 eration for all of the 2-year period end13 ing on the date the loan application is 

14 submitted; and 

15 ‘‘(III) for a financing for which 

16 the Administrator determines there 

17 will be an additional cost attributable 

18 to the refinancing of the qualified debt, 

19 the borrower agrees to pay a fee in an 

20 amount equal to the anticipated addi21 tional cost. 

22 ‘‘(iii) FINANCING FOR BUSINESS EX23 PENSES.— 

24 ‘‘(I) FINANCING FOR BUSINESS

25 EXPENSES.—The Administrator may 
652 

•HR 925 EAH 

1 provide financing to a borrower that 

2 receives financing that includes a refi3 nancing of qualified debt under clause 

4 (ii), in addition to the refinancing 

5 under clause (ii), to be used solely for 

6 the payment of business expenses. 

7 ‘‘(II) APPLICATION FOR FINANC8 ING.—An application for financing 

9 under subclause (I) shall include— 

10 ‘‘(aa) a specific description 

11 of the expenses for which the addi12 tional financing is requested; and 

13 ‘‘(bb) an itemization of the 

14 amount of each expense. 

15 ‘‘(III) CONDITION ON ADDITIONAL

16 FINANCING.—A borrower may not use 

17 any part of the financing under this 

18 clause for non-business purposes. 

19 ‘‘(iv) LOANS BASED ON JOBS.— 

20 ‘‘(I) JOB CREATION AND RETEN21 TION GOALS.— 

22 ‘‘(aa) IN GENERAL.—The Ad23 ministrator may provide financ24 ing under this subparagraph for a 

25 borrower that meets the job cre-
653 

•HR 925 EAH 

1 ation goals under subsection (d) 

2 or (e) of section 501. 

3 ‘‘(bb) ALTERNATE JOB RE4 TENTION GOAL.—The Adminis5 trator may provide financing 

6 under this subparagraph to a bor7 rower that does not meet the goals 

8 described in item (aa) in an 

9 amount that is not more than the 

10 product obtained by multiplying 

11 the number of employees of the 

12 borrower by $75,000. 

13 ‘‘(II) NUMBER OF EMPLOYEES.— 

14 For purposes of subclause (I), the num15 ber of employees of a borrower is equal 

16 to the sum of— 

17 ‘‘(aa) the number of full18 time employees of the borrower on 

19 the date on which the borrower 

20 applies for a loan under this sub21 paragraph; and 

22 ‘‘(bb) the product obtained by 

23 multiplying— 

24 ‘‘(AA) the number of 

25 part-time employees of the 
654 

•HR 925 EAH 

1 borrower on the date on 

2 which the borrower applies 

3 for a loan under this sub4 paragraph, by 

5 ‘‘(BB) the quotient ob6 tained by dividing the aver7 age number of hours each 

8 part time employee of the 

9 borrower works each week by 

10 40. 

11 ‘‘(vi) TOTAL AMOUNT OF LOANS.—The 

12 Administrator may provide not more than 

13 a total of $7,500,000,000 of financing under 

14 this subparagraph for each fiscal year.’’. 

15 (c) REFINANCING SENIOR PROJECT DEBT.—During 

16 the 1-year period beginning on the date of the enactment 

17 of this Act, a development company described under title 

18 V of the Small Business Investment Act of 1958 (15 U.S.C. 

19 695 et seq.) is authorized to allow the refinancing of a sen20 ior loan on an existing project in an amount that, when 

21 combined with the outstanding balance on the development 

22 company loan, is not more than 90 percent of the total 

23 value of the senior loan. Proceeds of such refinancing can 

24 be used to support business operating expenses of such devel25 opment company. 
655 

•HR 925 EAH 

1 SEC. 607. TEMPORARY FEE REDUCTIONS. 

2 (a) ADMINISTRATIVE FEE WAIVER.— 

3 (1) IN GENERAL.—During the period beginning 

4 on the date of enactment of this Act and ending on 

5 September 30, 2021, and to the extent that the cost 

6 of such elimination or reduction of fees is offset by 

7 appropriations, with respect to each loan guaranteed 

8 under section 7(a) of the Small Business Act (15 

9 U.S.C. 636(a)) (including a recipient of assistance 

10 under the Community Advantage Pilot Program of 

11 the Administration) for which an application is ap12 proved or pending approval on or after the date of en13 actment of this Act, the Administrator shall— 

14 (A) in lieu of the fee otherwise applicable 

15 under section 7(a)(23)(A) of the Small Business 

16 Act (15 U.S.C. 636(a)(23)(A)), collect no fee or 

17 reduce fees to the maximum extent possible; and 

18 (B) in lieu of the fee otherwise applicable 

19 under section 7(a)(18)(A) of the Small Business 

20 Act (15 U.S.C. 636(a)(18)(A)), collect no fee or 

21 reduce fees to the maximum extent possible. 

22 (2) APPLICATION OF FEE ELIMINATIONS OR RE23 DUCTIONS.—To the extent that amounts are made 

24 available to the Administrator for the purpose of fee 

25 eliminations or reductions under paragraph (1), the 

26 Administrator shall— 
656 

•HR 925 EAH 

1 (A) first use any amounts provided to 

2 eliminate or reduce fees paid by small business 

3 borrowers under clauses (i) through (iii) of sec4 tion 7(a)(18)(A) of the Small Business Act (15 

5 U.S.C. 636(a)(18)(A)), to the maximum extent 

6 possible; and 

7 (B) then use any amounts provided to 

8 eliminate or reduce fees under 7(a)(23)(A) of the 

9 Small Business Act (15 U.S.C. 636(a)(23)(A)). 

10 (c) TEMPORARY FEE ELIMINATION FOR THE 504 LOAN

11 PROGRAM.— 

12 (1) IN GENERAL.—During the period beginning 

13 on the date of enactment of this section and ending 

14 on September 30, 2021, and to the extent the cost of 

15 such elimination in fees is offset by appropriations, 

16 with respect to each project or loan guaranteed by the 

17 Administrator pursuant to title V of the Small Busi18 ness Investment Act of 1958 (15 U.S.C. 695 et seq.) 

19 for which an application is approved or pending ap20 proval on or after the date of enactment of this sec21 tion— 

22 (A) the Administrator shall, in lieu of the 

23 fee otherwise applicable under section 503(d)(2) 

24 of the Small Business Investment Act of 1958 

25 (15 U.S.C. 697(d)(2)), collect no fee; and 
657 

•HR 925 EAH 

1 (B) a development company shall, in lieu of 

2 the processing fee under section 120.971(a)(1) of 

3 title 13, Code of Federal Regulations (relating to 

4 fees paid by borrowers), or any successor thereto, 

5 collect no fee. 

6 (2) REIMBURSEMENT FOR WAIVED FEES.— 

7 (A) IN GENERAL.—To the extent that the 

8 cost of such payments is offset by appropria9 tions, the Administrator shall reimburse each de10 velopment company that does not collect a proc11 essing fee pursuant to paragraph (1)(B). 

12 (B) AMOUNT.—The payment to a develop13 ment company under subparagraph (A) shall be 

14 in an amount equal to 1.5 percent of the net de15 benture proceeds for which the development com16 pany does not collect a processing fee pursuant 

17 to paragraph (1)(B). 

18 SEC. 608. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM. 

19 (a) IN GENERAL.—The Administrator shall ensure 

20 that a small business concern participating in the program 

21 established under section 8(a) of the Small Business Act on 

22 or before March 13, 2020, may elect to extend such partici23 pation by a period of 1 year, regardless of whether such 

24 concern previously elected to suspend participation in such 

25 program pursuant to guidance of the Administrator. 
658 

•HR 925 EAH 

1 (b) EMERGENCY RULEMAKING AUTHORITY.—Not later 

2 than 15 days after the date of enactment of this section, 

3 the Administrator shall issue regulations to carry out this 

4 section without regard to the notice requirements under sec5 tion 553(b) of title 5, United States Code. 

6 SEC. 609. REPORT ON MINORITY, WOMEN, AND RURAL 

7 LENDING. 

8 Not later than 90 days after the date of the enactment 

9 of this Act, the Administrator shall submit to the Committee 

10 on Small Business of the House of Representatives and the 

11 Committee on Small Business and Entrepreneurship of the 

12 Senate a report to determine and quantify the extent to 

13 which the programs established under subsections (a) and 

14 (m) of section 7 of the Small Business Act, titles III and 

15 V of the Small Business Investment Act of 1958, and the 

16 Community Advantage Pilot Program of the Small Busi17 ness Administration have assisted in the establishment, de18 velopment, and performance of small business concerns 

19 owned and controlled by socially and economically dis20 advantaged individuals (as defined in section 8(d)(3)(C) of 

21 the Small Business Act), small business concerns owned and 

22 controlled by women (as defined in section 3 of such Act), 

23 and rural small businesses, including recommendations to 

24 improve such access to capital programs. 
659 

•HR 925 EAH 

1 SEC. 610. COMPREHENSIVE PROGRAM GUIDANCE. 

2 Not later than 7 days after the date of the enactment 

3 of this Act, the Administrator shall— 

4 (1) establish a process for accepting applications 

5 for loan forgiveness under section 1106 of the CARES 

6 Act (15 U.S.C. 9005); 

7 (2) issue a comprehensive compilation of rules 

8 and guidance issued related to covered loans made 

9 under section 7(a)(36) of the Small Business Act (15 

10 U.S.C. 636(a)(36)); and 

11 (3) before accepting applications for supple12 mental covered loans under clause (ii) of section 

13 7(a)(36)(B) of the Small Business Act (15 U.S.C. 

14 636(a)(36)(B)), as added by section 202 of this divi15 sion, the Administrator shall issue comprehensive 

16 rules and guidance to ensure that borrowers and lend17 ers are aware of eligibility and terms of receiving a 

18 supplemental covered loan and the process for forgive19 ness of a supplemental covered loan. 

20 SEC. 611. REPORTS ON PAYCHECK PROTECTION PROGRAM. 

21 (a) REPORT TO CONGRESS.—Within 30 days after the 

22 date of the enactment of this Act, and every 30 days there23 after until the end of the covered period described under 

24 section 7(a)(36) of the Small Business Act (15 U.S.C. 

25 636(a)(36)), the Secretary of the Treasury and the Adminis26 trator shall submit to the Committee on Small Business of 
660 

•HR 925 EAH 

1 the House of Representatives and the Committee on Small 

2 Business and Entrepreneurship of the Senate a report, in 

3 a searchable digital format, that includes, with respect to 

4 each covered loan made under such section 7(a)(36)— 

5 (1) the business name, address, and ZIP Code of 

6 each recipient of the covered loan; 

7 (2) the North American Industry Classification 

8 System code and the type of entity of each such re9 cipient; 

10 (3) demographic data of each such recipient; 

11 (4) the number of jobs supported by the covered 

12 loan; 

13 (5) loan forgiveness data; and 

14 (6) the amount and origination date of the cov15 ered loan. 

16 (b) PUBLICLY AVAILABLE REPORT.— 

17 (1) LARGER COVERED LOANS.—Within 30 days 

18 after the date of the enactment of this Act, and every 

19 30 days thereafter until the end of the covered period 

20 described under section 7(a)(36) of the Small Busi21 ness Act (15 U.S.C. 636(a)(36)), for covered loans 

22 made under such section 7(a)(36) in an amount 

23 greater than or equal to $150,000, the Secretary of the 

24 Treasury and the Administrator shall make publicly 

25 available— 
661 

•HR 925 EAH 

1 (A) the information described under para2 graphs (1) through (4) of subsection (a); and 

3 (B) the loan size range, of those listed below, 

4 that the covered loan belongs— 

5 (i) greater than or equal to $150,000 

6 and less than $350,000; 

7 (ii) greater than or equal to $350,000 

8 and less than $1,000,000; 

9 (iii) greater than or equal to 

10 $1,000,000 and less than $2,000,000; 

11 (iv) greater than or equal to 

12 $2,000,000 and less than $5,000,000; and 

13 (v) greater than or equal to $5,000,000 

14 and less than $10,000,000. 

15 (2) SMALLER COVERED LOANS.—Within 30 days 

16 after the date of the enactment of this Act, and every 

17 30 days thereafter until the end of the covered period 

18 described under section 7(a)(36) of the Small Busi19 ness Act (15 U.S.C. 636(a)(36)), for covered loans 

20 made under such section 7(a)(36) in an amount less 

21 than $150,000, the Secretary of the Treasury and the 

22 Administrator shall make publicly available the total 

23 number of covered loans made and the amount of each 

24 covered loan, disaggregated by ZIP Code of each re25 cipient, industry of each recipient, business type of 
662 

•HR 925 EAH 

1 each recipient, and demographic categories of each re2 cipient. 

3 (3) PUBLICATION.—Information provided under 

4 paragraphs (1) and (2) shall be made publicly avail5 able in a searchable digital format on websites of the 

6 Department of the Treasury and the Small Business 

7 Administration. 

8 SEC. 612. PROHIBITING CONFLICTS OF INTEREST FOR 

9 SMALL BUSINESS PROGRAMS UNDER THE 

10 CARES ACT. 

11 Section 4019 of the CARES Act (15 U.S.C. 9054) is 

12 amended— 

13 (1) in subsection (a), by adding at the end the 

14 following: 

15 ‘‘(7) SMALL BUSINESS ASSISTANCE.—The term 

16 ‘small business assistance’ means assistance provided 

17 under— 

18 ‘‘(A) section 7(a)(36) of the Small Business 

19 Act (15 U.S.C. 636(a)(36)); 

20 ‘‘(B) subsection (b) or (c) of section 1103 of 

21 this Act; 

22 ‘‘(C) section 1110 of this Act; or 

23 ‘‘(D) section 1112 of this Act.’’; 

24 (2) in subsection (b)— 
663 

•HR 925 EAH 

1 (A) by inserting ‘‘or provisions relating to 

2 small business assistance’’ after ‘‘this subtitle’’; 

3 and 

4 (B) by inserting ‘‘or for any small business 

5 assistance’’ before the period at the end; and 

6 (3) in subsection (c)— 

7 (A) by inserting ‘‘or seeking any small busi8 ness assistance’’ after ‘‘section 4003’’; 

9 (B) by inserting ‘‘or small business assist10 ance’’ after ‘‘that transaction’’; 

11 (C) by inserting ‘‘or the Administrator of 

12 the Small Business Administration, as applica13 ble,’’ after ‘‘Federal Reserve System’’; and 

14 (D) by inserting ‘‘or to receive the small 

15 business assistance’’ after ‘‘in that transaction’’. 

16 SEC. 613. INCLUSION OF SCORE AND VETERAN BUSINESS 

17 OUTREACH CENTERS IN ENTREPRENEURIAL 

18 DEVELOPMENT PROGRAMS. 

19 (a) IN GENERAL.—Section 1103(a)(2) of the CARES 

20 Act (15 U.S.C. 9002(a)(2)) is amended— 

21 (1) in subparagraph (A), by striking ‘‘and’’ at 

22 the end; and 

23 (2) by adding at the end the following new sub24 paragraphs: 
664 

•HR 925 EAH 

1 ‘‘(C) a Veteran Business Outreach Center 

2 (as described under section 32(d) of the Small 

3 Business Act); and 

4 ‘‘(D) the Service Corps of Retired Execu5 tives Association, or any successor or other orga6 nization, that receives a grant from the Adminis7 trator to operate the SCORE program estab8 lished under section 8(b)(2)(A) of the Small 

9 Business Act;’’. 

10 (b) FUNDING.—Section 1107(a)(4) of the CARES Act 

11 (15 U.S.C. 9006(a)(4)) is amended— 

12 (1) in subparagraph (A)— 

13 (A) by striking ‘‘$240,000,000’’ and insert14 ing ‘‘$220,000,000’’; 

15 (B) by striking ‘‘and’’ at the end; and 

16 (2) by adding at the end the following new sub17 paragraphs: 

18 ‘‘(C) $10,000,000 shall be for a Veteran 

19 Business Outreach Center described in section 

20 1103(a)(2)(C) of this Act to carry out activities 

21 under such section; and 

22 ‘‘(D) $10,000,000 shall be for the Service 

23 Corps of Retired Executives Association described 

24 in section 1103(a)(2)(D) of this Act to carry out 

25 activities under such section;’’. 
665 

•HR 925 EAH 

1 SEC. 614. CLARIFICATION OF USE OF CARES ACT FUNDS 

2 FOR SMALL BUSINESS DEVELOPMENT CEN3 TERS. 

4 Section 1103(b)(3)(A) of the CARES Act (15 U.S.C. 

5 9002(b)(3)(A)) is amended by adding at the end the fol6 lowing new sentence: ‘‘Funds awarded under this para7 graph shall be in addition to any amounts appropriated 

8 for grants under section 21(a) of the Small Business Act, 

9 and may be used to complement and support those appro10 priated program grants to assist small business concerns, 

11 with prioritization of such concerns affected directly or in12 directly by COVID–19 as described in paragraph (2).’’. 

13 SEC. 615. FUNDING FOR THE OFFICE OF INSPECTOR GEN14 ERAL OF THE SMALL BUSINESS ADMINISTRA15 TION. 

16 Section 1107(a)(3) of the CARES Act (15 U.S.C. 

17 9006(a)(3)) is amended by striking ‘‘September 30, 2024’’ 

18 and inserting ‘‘expended’’. 

19 SEC. 616. EXTENSION OF WAIVER OF MATCHING FUNDS RE20 QUIREMENT UNDER THE WOMEN’S BUSINESS 

21 CENTER PROGRAM. 

22 Section 1105 of the CARES Act (15 U.S.C. 9004) is 

23 amended by striking ‘‘During the 3-month period beginning 

24 on the date of enactment of this Act,’’ and inserting ‘‘Until 

25 December 31, 2020,’’. 
666 

•HR 925 EAH 

1 SEC. 617. ACCESS TO SMALL BUSINESS ADMINISTRATION 

2 INFORMATION AND DATABASES. 

3 Section 19010 of Division B of the CARES Act (Public 

4 Law 116–136) is amended by— 

5 (1) redesignating subsection (e) as subsection (f); 

6 and 

7 (2) by inserting after subsection (d) the following 

8 new subsection: 

9 ‘‘(e) SMALL BUSINESS ADMINISTRATION DATA10 BASES.— 

11 ‘‘(1) IN GENERAL.—In conducting monitoring 

12 and oversight under this section, the Comptroller Gen13 eral, upon notice to the Administrator of the Small 

14 Business Administration, shall have direct access to 

15 all information collected or produced in connection 

16 with the administration of programs or provision of 

17 assistance carried out by the Administrator, includ18 ing direct access to any information technology sys19 tems maintained or utilized by the Administrator to 

20 collect, process, or analyze documents or information 

21 submitted by borrowers, lenders, or others in connec22 tion with any such program or provision of assist23 ance. In this subsection, the term ‘direct access’ means 

24 secured access to the information technology systems 

25 maintained by the Administrator that would enable 
667 

•HR 925 EAH 

1 the Comptroller General to independently access, 

2 view, download, and retrieve data from such systems. 

3 ‘‘(2) INFORMATION TECHNOLOGY SYSTEMS.—The 

4 Administrator of the Small Business Administration 

5 shall appropriately identify and classify any sensitive 

6 information contained in an information technology 

7 system accessed by the Comptroller General.’’. 

8 SEC. 618. SMALL BUSINESS LOCAL RELIEF PROGRAM. 

9 (a) ESTABLISHMENT.—There is established in the De10 partment of the Treasury a Small Business Local Relief 

11 Program to allocate resources to States, units of general 

12 local government, and Indian Tribes to provide assistance 

13 to eligible entities and organizations that assist eligible en14 tities. 

15 (b) FUNDING.— 

16 (1) FUNDING TO STATES, LOCALITIES, AND IN17 DIAN TRIBES.— 

18 (A) IN GENERAL.—The Secretary of the 

19 Treasury shall allocate— 

20 (i) $10,250,000,000 to States and units 

21 of general local government in accordance 

22 with subparagraph (B)(i); 

23 (ii) $4,250,000,000 to States in accord24 ance with subparagraph (B)(ii); and 
668 

•HR 925 EAH 

1 (iii) $500,000,000 to the Secretary of 

2 Housing and Urban Development for allo3 cations to Indian Tribes in accordance with 

4 subparagraph (B)(iii). 

5 (B) ALLOCATIONS.— 

6 (i) FORMULA FOR STATES AND UNITS

7 OF GENERAL LOCAL GOVERNMENT.—Of the 

8 amount described under subparagraph 

9 (A)(i)— 

10 (I) 70 percent shall be allocated to 

11 entitlement communities in accordance 

12 with the formula under section 106(b) 

13 of the Housing and Community Devel14 opment Act of 1974 (42 U.S.C. 

15 5306(b)); and 

16 (II) 30 percent shall be allocated 

17 to States, for use in nonentitlement 

18 areas, in accordance with the formula 

19 under section 106(d)(1) of such Act (42 

20 U.S.C. 5306(d)(1)). 

21 (ii) RURAL BONUS FORMULA FOR

22 STATES.—The Secretary shall allocate the 

23 amount described under subparagraph 

24 (A)(ii) to States, for use in nonentitlement 

25 areas, in accordance with the formula under 
669 

•HR 925 EAH 

1 section 106(d)(1) of such Act (42 U.S.C. 

2 5306(d)(1)). 

3 (iii) COMPETITIVE AWARDS TO INDIAN

4 TRIBES.— 

5 (I) IN GENERAL.—The Secretary 

6 of Housing and Urban Development 

7 shall allocate to Indian Tribes on a 

8 competitive basis the amount described 

9 under subparagraph (A)(iii). 

10 (II) REQUIREMENTS.—In making 

11 allocations under subclause (I), the 

12 Secretary of Housing and Urban De13 velopment shall, to the greatest extent 

14 practicable, ensure that each Indian 

15 Tribe that satisfies requirements estab16 lished by the Secretary of Housing and 

17 Urban Development receives such an 

18 allocation. 

19 (C) STATE ALLOCATIONS FOR NONENTITLE20 MENT AREAS.— 

21 (i) EQUITABLE ALLOCATION.—To the 

22 greatest extent practicable, a State shall al23 locate amounts for nonentitlement areas 

24 under clauses (i)(II) and (ii) of subpara25 graph (B) on an equitable basis. 
670 

•HR 925 EAH 

1 (ii) DISTRIBUTION OF AMOUNTS.— 

2 (I) DISCRETION.—Not later than 

3 14 days after the date on which a 

4 State receives amounts for use in a 

5 nonentitlement area under clause 

6 (i)(II) or (ii) of subparagraph (B), the 

7 State shall— 

8 (aa) distribute the amounts, 

9 or a portion thereof, to a unit of 

10 general local government located 

11 in the nonentitlement area or an 

12 entity designated thereby, that has 

13 established or will establish a 

14 small business emergency fund, 

15 for use under paragraph (2); or 

16 (bb) elect to reserve the 

17 amounts, or a portion thereof, for 

18 use by the State under paragraph 

19 (2) for the benefit of eligible enti20 ties located in the nonentitlement 

21 area. 

22 (II) SENSE OF CONGRESS.—It is 

23 the sense of Congress that, in distrib24 uting amounts under subclause (I), in 

25 the case of amounts allocated for a 
671 

•HR 925 EAH 

1 nonentitlement area in which a unit of 

2 general local government or an entity 

3 designated thereby has established a 

4 small business emergency fund, a State 

5 should, as quickly as is practicable, 

6 distribute amounts to that unit of gen7 eral local government or entity, respec8 tively, as described in item (aa) of such 

9 subclause. 

10 (iii) TREATMENT OF STATES NOT ACT11 ING AS PASS-THROUGH AGENTS UNDER

12 CDBG.—The Secretary shall allocate 

13 amounts to a State under this paragraph 

14 without regard to whether the State has 

15 elected to distribute amounts allocated 

16 under section 106(d)(1) of the Housing and 

17 Community Development Act of 1974 (42 

18 U.S.C. 5306(d)(1)). 

19 (2) USE OF FUNDS.— 

20 (A) IN GENERAL.—A State, unit of general 

21 local government, or Indian Tribe that receives 

22 an allocation under paragraph (1), or an entity 

23 designated by a unit of general local government 

24 under paragraph (1)(C)(ii)(I)(aa), whether di25 rectly or indirectly, may use such allocation, not 
672 

•HR 925 EAH 

1 later than 60 days after receipt of such alloca2 tion— 

3 (i) to provide funding to a small busi4 ness emergency fund established by that 

5 State (or entity designated thereby), that 

6 unit of general local government (or entity 

7 designated thereby), that entity designated 

8 by a unit of general local government, or 

9 that Indian Tribe (or entity designated 

10 thereby), respectively; 

11 (ii) to provide funding to support or12 ganizations that provide technical assist13 ance to eligible entities; or 

14 (iii) subject to subparagraph (B), to 

15 pay for administrative costs incurred by 

16 that State (or entity designated thereby), 

17 that unit of general local government (or 

18 entity designated thereby), that entity des19 ignated by a unit of general local govern20 ment, or that Indian Tribe (or entity des21 ignated thereby), respectively, in estab22 lishing and administering a small business 

23 emergency fund. 

24 (B) LIMITATION.—A State, unit of general 

25 local government, or Indian Tribe, or an entity 
673 

•HR 925 EAH 

1 designated by a unit of general local government 

2 under paragraph (1)(C)(ii)(I)(aa), may not use 

3 more than 3 percent of an allocation received 

4 under paragraph (1) for a purpose described in 

5 subparagraph (A)(iii) of this paragraph. 

6 (C) OBLIGATION DEADLINES.— 

7 (i) STATES.—Of the amounts that a 

8 State elects under paragraph 

9 (1)(C)(ii)(I)(bb) to reserve for use by the 

10 State under this paragraph— 

11 (I) any amounts that the State 

12 provides to a small business emergency 

13 fund under subparagraph (A)(i) of this 

14 paragraph shall be obligated by the 

15 small business emergency fund for ex16 penditure not later than 74 days after 

17 the date on which the State received 

18 the amounts from the Secretary under 

19 clause (i) or (ii) of paragraph (1)(A); 

20 and 

21 (II) any amounts that the State 

22 chooses to provide to an organization 

23 under subparagraph (A)(ii) of this 

24 paragraph, or to use to pay for admin25 istrative costs under subparagraph 
674 

•HR 925 EAH 

1 (A)(iii) of this paragraph, shall be ob2 ligated by the State for expenditure not 

3 later than 74 days after the date on 

4 which the State received the amounts 

5 from the Secretary under clause (i) or 

6 (ii) of paragraph (1)(A). 

7 (ii) ENTITLEMENT COMMUNITIES.—Of 

8 the amounts that an entitlement community 

9 receives from the Secretary under para10 graph (1)(B)(i)(I)— 

11 (I) any amounts that the entitle12 ment community provides to a small 

13 business emergency fund under sub14 paragraph (A)(i) of this paragraph 

15 shall be obligated by the small business 

16 emergency fund for expenditure not 

17 later than 74 days after the date on 

18 which the entitlement community re19 ceived the amounts; and 

20 (II) any amounts that the entitle21 ment community chooses to provide to 

22 an organization under subparagraph 

23 (A)(ii) of this paragraph, or to use to 

24 pay for administrative costs under sub25 paragraph (A)(iii) of this paragraph, 
675 

•HR 925 EAH 

1 shall be obligated by the entitlement 

2 community for expenditure not later 

3 than 74 days after the date on which 

4 the entitlement community received the 

5 amounts. 

6 (iii) NONENTITLEMENT COMMU7 NITIES.—Of the amounts that a unit of gen8 eral local government, or an entity des9 ignated thereby, located in a nonentitlement 

10 area receives from a State under paragraph 

11 (1)(C)(ii)(I)(aa)— 

12 (I) any amounts that the unit of 

13 general local government or entity pro14 vides to a small business emergency 

15 fund under subparagraph (A)(i) of this 

16 paragraph shall be obligated by the 

17 small business emergency fund for ex18 penditure not later than 60 days after 

19 the date on which the unit of general 

20 local government or entity received the 

21 amounts; and 

22 (II) any amounts that the unit of 

23 general local government or entity 

24 chooses to provide to a support organi25 zation under subparagraph (A)(ii) of 
676 

•HR 925 EAH 

1 this paragraph or to use to pay for ad2 ministrative costs under subparagraph 

3 (A)(iii) of this paragraph shall be obli4 gated by the unit of general local gov5 ernment or entity for expenditure not 

6 later than 60 days after the date on 

7 which the unit of general local govern8 ment or entity received the amounts. 

9 (D) RECOVERY OF UNOBLIGATED FUNDS.— 

10 If a State, entitlement community, other unit of 

11 general local government, entity designated by a 

12 unit of general local government under para13 graph (1)(C)(ii)(I)(aa), or small business emer14 gency fund fails to obligate amounts by the ap15 plicable deadline under subparagraph (C), the 

16 Secretary shall recover the amount of those 

17 amounts that remain unobligated, as of that 

18 deadline. 

19 (E) COLLABORATION.—It is the sense of 

20 Congress that— 

21 (i) an entitlement community that re22 ceives amounts allocated under paragraph 

23 (1)(B)(i)(I) should collaborate with the ap24 plicable local entity responsible for economic 

25 development and small business develop-
677 

•HR 925 EAH 

1 ment in establishing and administering a 

2 small business emergency fund; and 

3 (ii) States, units of general local gov4 ernment, and Indian Tribes that receive 

5 amounts under paragraph (1) and are lo6 cated in the same region should collaborate 

7 in establishing and administering one or 

8 more small business emergency funds. 

9 (c) SMALL BUSINESS EMERGENCY FUNDS.—With re10 spect to a small business emergency fund that receives funds 

11 from an allocation made under subsection (b)— 

12 (1) if the small business emergency fund makes 

13 a loan to an eligible entity with those funds, the small 

14 business emergency fund may use amounts returned 

15 to the small business emergency fund from the repay16 ment of the loan to provide further assistance to eligi17 ble entities without regard to the termination date de18 scribed in subsection (g); and 

19 (2) the small business emergency fund shall con20 duct outreach to eligible entities that are less likely to 

21 participate in programs established under the 

22 CARES Act (Public Law 116–136; 134 Stat. 281) 

23 and the amendments made by that Act, including mi24 nority-owned entities, businesses in low-income com25 munities, businesses in rural and Tribal areas, and 
678 

•HR 925 EAH 

1 other businesses that are underserved by the tradi2 tional banking system. 

3 (d) INFORMATION GATHERING.— 

4 (1) IN GENERAL.—When providing assistance to 

5 an eligible entity with funds received from an alloca6 tion made under subsection (b), the State, unit of gen7 eral local government, or Indian Tribe, or the entity 

8 designated by a State, unit of general local govern9 ment, or Indian Tribe, that provides assistance 

10 through a small business emergency fund shall— 

11 (A) inquire whether the eligible entity is— 

12 (i) in the case of an eligible entity that 

13 is a business entity or a nonprofit organiza14 tion, a women-owned entity or a minority15 owned entity; and 

16 (ii) in the case of an eligible entity 

17 who is an individual, a woman or a minor18 ity; and 

19 (B) maintain a record of the responses to 

20 each inquiry conducted under subparagraph (A), 

21 which the entity shall promptly submit to the 

22 applicable State, unit of general local govern23 ment, or Indian Tribe. 
679 

•HR 925 EAH 

1 (2) RIGHT TO REFUSE.—An eligible entity may 

2 refuse to provide any information requested under 

3 paragraph (1)(A). 

4 (e) REPORTING.— 

5 (1) IN GENERAL.—Not later than 30 days after 

6 the date on which a State, unit of general local gov7 ernment, or Indian Tribe initially receives an alloca8 tion made under subsection (b), and not later than 14 

9 days after the date on which that State, unit of local 

10 government, or Indian Tribe completes the full ex11 penditure of that allocation, that State, unit of gen12 eral local government, or Indian Tribe shall submit 

13 to the Secretary a report that includes— 

14 (A) the number of recipients of assistance 

15 made available from the allocation; 

16 (B) the total amount, and type, of assist17 ance made available from the allocation; 

18 (C) to the extent applicable, with respect to 

19 each recipient described in subparagraph (A), 

20 information regarding the industry of the recipi21 ent, the amount of assistance received by the re22 cipient, the annual sales of the recipient, and the 

23 number of employees of the recipient; 

24 (D) to the extent available from information 

25 collected under subsection (d), information re-
680 

•HR 925 EAH 

1 garding the number of recipients described in 

2 subparagraph (A) that are minority-owned enti3 ties, minorities, women, and women-owned enti4 ties; 

5 (E) the ZIP Code of each recipient de6 scribed in subparagraph (A); and 

7 (F) any other information that the Sec8 retary, in the sole discretion of the Secretary, de9 termines to be necessary to carry out the Pro10 gram. 

11 (2) PUBLIC AVAILABILITY.—As soon as is prac12 ticable after receiving each report submitted under 

13 paragraph (1), the Secretary shall make all informa14 tion contained in the report publicly available. 

15 (f) RULES AND GUIDANCE.—The Secretary, in con16 sultation with the Administrator, shall issue any rules and 

17 guidance that are necessary to carry out the Program, in18 cluding by establishing appropriate compliance and report19 ing requirements in addition to the reporting requirements 

20 under subsection (e). 

21 (g) TERMINATION.—The Program, and any rules and 

22 guidance issued under subsection (f) with respect to the Pro23 gram, shall terminate on the date that is 1 year after the 

24 date of enactment of this Act. 

25 (h) DEFINITIONS.—In this section: 
681 

•HR 925 EAH 

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Small Busi3 ness Administration. 

4 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti5 ty’’— 

6 (A) means a business concern or a nonprofit 

7 organization (as defined in section 

8 7(a)(36)(A)(vii) that— 

9 (i) employs— 

10 (I) not more than 20 full-time 

11 equivalent employees; or 

12 (II) if the entity or organization 

13 is located in a low-income community, 

14 not more than 50 full-time equivalent 

15 employees; 

16 (ii) has experienced a loss of revenue as 

17 a result of the COVID–19 pandemic, ac18 cording to criteria established by the Sec19 retary; and 

20 (iii) with respect to such an entity or 

21 organization that receives assistance from a 

22 small business emergency fund, satisfies ad23 ditional requirements, as determined by the 

24 State, unit of general local government, In25 dian Tribe, or other entity that has estab-
682 

•HR 925 EAH 

1 lished the small business emergency fund; 

2 and 

3 (B) includes an individual who operates 

4 under a sole proprietorship, an individual who 

5 operates as an independent contractor, and an 

6 eligible self-employed individual if such an indi7 vidual has experienced a loss of revenue as a re8 sult of the COVID–19 pandemic, according to 

9 criteria established by the Secretary. 

10 (3) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.— 

11 The term ‘‘eligible self-employed individual’’ has the 

12 meaning given the term in section 7(a)(36)(A) of the 

13 Small Business Act (15 U.S.C. 636(a)(36)(A)). 

14 (4) ENTITLEMENT COMMUNITY.—The term ‘‘enti15 tlement community’’ means a metropolitan city or 

16 urban county, as those terms are defined in section 

17 102 of the Housing and Community Development Act 

18 of 1974 (42 U.S.C. 5302). 

19 (5) FULL-TIME EQUIVALENT EMPLOYEES.— 

20 (A) IN GENERAL.—The term ‘‘full-time 

21 equivalent employees’’ means a number of em22 ployees equal to the number determined by divid23 ing— 
683 

•HR 925 EAH 

1 (i) the total number of hours of service 

2 for which wages were paid by the employer 

3 to employees during the taxable year, by 

4 (ii) 2,080. 

5 (B) ROUNDING.—The number determined 

6 under subparagraph (A) shall be rounded to the 

7 next lowest whole number if not otherwise a 

8 whole number. 

9 (C) EXCESS HOURS NOT COUNTED.—If an 

10 employee works in excess of 2,080 hours of serv11 ice during any taxable year, such excess shall not 

12 be taken into account under subparagraph (A). 

13 (D) HOURS OF SERVICE.—The Secretary, 

14 in consultation with the Secretary of Labor, 

15 shall prescribe such regulations, rules, and guid16 ance as may be necessary to determine the hours 

17 of service of an employee, including rules for the 

18 application of this paragraph to employees who 

19 are not compensated on an hourly basis. 

20 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

21 has the meaning given the term ‘‘Indian tribe’’ in sec22 tion 102 of the Housing and Community Develop23 ment Act of 1974 (42 U.S.C. 5302). 

24 (7) LOW-INCOME COMMUNITY.—The term ‘‘low25 income community’’ has the meaning given the term 
684 

•HR 925 EAH 

1 in section 45D(e) of the Internal Revenue Code of 

2 1986. 

3 (8) MINORITY.—The term ‘‘minority’’ has the 

4 meaning given the term in section 1204(c)(3) of the 

5 Financial Institutions Reform, Recovery, and En6 forcement Act of 1989 (12 U.S.C. 1811 note). 

7 (9) MINORITY-OWNED ENTITY.—The term ‘‘mi8 nority-owned entity’’ means an entity— 

9 (A) more than 50 percent of the ownership 

10 or control of which is held by not less than 1 mi11 nority; and 

12 (B) more than 50 percent of the net profit 

13 or loss of which accrues to not less than 1 minor14 ity. 

15 (10) NONENTITLEMENT AREA; STATE; UNIT OF

16 GENERAL LOCAL GOVERNMENT.— 

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

18 subparagraph (B), the terms ‘‘nonentitlement 

19 area’’, ‘‘State’’, and ‘‘unit of general local gov20 ernment’’ have the meanings given those terms in 

21 section 102 of the Housing and Community De22 velopment Act of 1974 (42 U.S.C. 5302). 

23 (B) STATE.—For purposes of subpara24 graphs (A)(ii) and (B)(ii) of subsection (b)(1), 
685 

•HR 925 EAH 

1 the term ‘‘State’’ means any State of the United 

2 States. 

3 (11) PROGRAM.—The term ‘‘Program’’ means the 

4 Small Business Local Relief Program established 

5 under this section. 

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

7 the Secretary of the Treasury. 

8 (13) SMALL BUSINESS EMERGENCY FUND.—The 

9 term ‘‘small business emergency fund’’ means a fund 

10 or program— 

11 (A) established by a State, a unit of general 

12 local government, an Indian Tribe, or an entity 

13 designated by a State, unit of general local gov14 ernment, or Indian Tribe; and 

15 (B) that provides or administers financing 

16 to eligible entities in the form of grants, loans, 

17 or other means in accordance with the needs of 

18 eligible entities and the capacity of the fund or 

19 program. 

20 (14) WOMEN-OWNED ENTITY.—The term 

21 ‘‘women-owned entity’’ means an entity— 

22 (A) more than 50 percent of the ownership 

23 or control of which is held by not less than 1 

24 woman; and 
686 

•HR 925 EAH 

1 (B) more than 50 percent of the net profit 

2 or loss of which accrues to not less than 1 

3 woman. 

4 SEC. 619. GRANTS FOR INDEPENDENT LIVE VENUE OPERA5 TORS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Small Busi9 ness Administration. 

10 (2) ELIGIBLE OPERATOR, PROMOTER, PRODUCER, 

11 OR TALENT REPRESENTATIVE.— 

12 (A) IN GENERAL.—The term ‘‘eligible oper13 ator, promoter, producer, or talent representa14 tive’’ means a live venue operator or producer or 

15 promoter or a talent representative that meets 

16 the following requirements: 

17 (i) The live venue operator or producer 

18 or promoter or the talent representative was 

19 fully operational as a live venue operator or 

20 producer or promoter or talent representa21 tive on February 29, 2020. 

22 (ii) As of the date of the grant under 

23 this section— 

24 (I) the live venue operator or pro25 ducer or promoter is organizing, pro-
687 

•HR 925 EAH 

1 moting, producing, managing, or 

2 hosting future events described in 

3 paragraph (4)(A)(i); or 

4 (II) the talent representative is 

5 representing or managing artists and 

6 entertainers. 

7 (iii) The venues at which the live venue 

8 operator or producer or promoter promotes, 

9 produces, manages, or hosts events described 

10 in paragraph (4)(A)(i) or the artists and 

11 entertainers represented or managed by the 

12 talent representative perform have the fol13 lowing characteristics: 

14 (I) A defined performance and 

15 audience space. 

16 (II) Mixing equipment, a public 

17 address system, and a lighting rig. 

18 (III) Engages 1 or more individ19 uals to carry out not less than 2 of the 

20 following roles: 

21 (aa) A sound engineer. 

22 (bb) A booker. 

23 (cc) A promoter. 

24 (dd) A stage manager. 

25 (ee) Security personnel. 
688 

•HR 925 EAH 

1 (ff) A box office manager. 

2 (IV) There is a paid ticket or 

3 cover charge to attend most perform4 ances and artists are paid fairly and 

5 do not play for free or solely for tips, 

6 except for legitimate fundraisers or 

7 similar charitable events. 

8 (V) For a venue owned or oper9 ated by a nonprofit entity that pro10 duces free events, the events are pro11 duced and managed by paid employees, 

12 not by volunteers. 

13 (VI) Performances are marketed 

14 through listings in printed or elec15 tronic publications, on websites, by 

16 mass email, or on social media. 

17 (iv) The live venue operator or pro18 ducer or promoter or the talent representa19 tive does not have, or is not majority owned 

20 or controlled by an entity with, more than 

21 1 of the following characteristics: 

22 (I) Being an issuer, the securities 

23 of which are listed on a national secu24 rities exchange. 
689 

•HR 925 EAH 

1 (II) Owning or operating venues 

2 or talent agencies or talent manage3 ment companies with offices in more 

4 than 1 country. 

5 (III) Owning or operating venues 

6 in more than 10 States. 

7 (IV) Employing more than 500 

8 employees, determined on a full-time 

9 equivalent basis in accordance with 

10 subparagraph (B). 

11 (V) Receiving more than 10 per12 cent of gross revenue from Federal 

13 funding. 

14 (B) CALCULATION OF FULL-TIME EMPLOY15 EES.—For purposes of determining the number 

16 of full-time equivalent employees under subpara17 graph (A)(iv)(IV)— 

18 (i) any employee working not fewer 

19 than 30 hours per week shall be considered 

20 a full-time employee; and 

21 (ii) any employee working not fewer 

22 than 10 hours and fewer than 30 hours per 

23 week shall be counted as one-half of a full24 time employee. 
690 

•HR 925 EAH 

1 (3) EXCHANGE; ISSUER; SECURITY.—The terms 

2 ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the mean3 ings given such terms in section 3(a) of the Securities 

4 Exchange Act of 1934 (15 U.S.C. 78c(a)). 

5 (4) LIVE VENUE OPERATOR OR PRODUCER OR

6 PROMOTER.—The term ‘‘live venue operator or pro7 ducer or promoter’’— 

8 (A) means— 

9 (i) an individual or entity— 

10 (I) that organizes, promotes, sells 

11 tickets, produces, manages, or hosts live 

12 concerts, comedy shows, theatrical pro13 ductions, or other events by performing 

14 artists and applies cover charge 

15 through ticketing or front door en16 trance fee; and 

17 (II) not less than 70 percent of the 

18 revenue of which is generated through 

19 cover charges or ticket sales and the 

20 sale of beverages, food, or merchandise 

21 during such live events; or 

22 (ii) as a principle business activity, 

23 makes tickets to events described in clause 

24 (i)(I) available for purchase by the public 

25 an average of not less than 60 days before 
691 

•HR 925 EAH 

1 the date of the event and pays performers in 

2 an event described in clause (i)(I) in an 

3 amount that is based on a percentage of 

4 sales, guarantee (in writing or standard 

5 contract), or another mutually beneficial 

6 formal agreement; and 

7 (B) includes an individual or entity de8 scribed in subparagraph (A) that— 

9 (i) operates for profit or as a non10 profit; 

11 (ii) is government-owned; or 

12 (iii) is a corporation, limited liability 

13 company, or partnership or operated as a 

14 sole proprietorship. 

15 (5) NATIONAL SECURITIES EXCHANGE.—The 

16 term ‘‘national securities exchange’’ means an ex17 change registered as a national securities exchange 

18 under section 6 of the Securities Exchange Act of 

19 1934 (15 U.S.C. 78f). 

20 (6) STATE.—The term ‘‘State’’ means— 

21 (A) a State; 

22 (B) the District of Columbia; 

23 (C) the Commonwealth of Puerto Rico; and 

24 (D) any other territory or possession of the 

25 United States. 
692 

•HR 925 EAH 

1 (7) TALENT REPRESENTATIVE.—The term ‘‘tal2 ent representative’’— 

3 (A) means an agent or manager that— 

4 (i) as not less than 70 percent of the 

5 operations of the agent or manager, is en6 gaged in representing or managing artists 

7 and entertainers; 

8 (ii) books musicians, comedians, ac9 tors, or similar performing artists pri10 marily in independent venues or at fes11 tivals; and 

12 (iii) represents performers described in 

13 clause (ii) that are paid in an amount that 

14 is based on the number of tickets sold, or a 

15 similar basis; and 

16 (B) includes an agent or manager described 

17 in subparagraph (A) that— 

18 (i) operates for profit or as a non19 profit; 

20 (ii) is government-owned; or 

21 (iii) is a corporation, limited liability 

22 company, or partnership or operated as a 

23 sole proprietorship. 

24 (b) AUTHORITY.— 
693 

•HR 925 EAH 

1 (1) INITIAL GRANTS.—The Administrator may 

2 make initial grants to eligible operators, promoters, 

3 and talent representatives in accordance with this sec4 tion. 

5 (2) SUPPLEMENTAL GRANTS.—The Adminis6 trator may make a supplemental grant in accordance 

7 with this section to an eligible operator, promoter, 

8 producer, or talent representative that receives a 

9 grant under paragraph (1) if, as of December 1, 2020, 

10 the revenues of the eligible operator, promoter, pro11 ducer, or talent representative for the most recent cal12 endar quarter are not more than 20 percent of the 

13 revenues of the eligible operator, promoter, producer, 

14 or talent representative for the corresponding calendar 

15 quarter during 2019 due to the COVID–19 pandemic. 

16 (3) CERTIFICATION.—An eligible operator, pro17 moter, producer, or talent representative applying for 

18 a grant under this section that is an eligible business 

19 described in the matter preceding subclause (I) of sec20 tion 4003(c)(3)(D)(i) of the CARES Act (15 U.S.C. 

21 9042(c)(3)(D)(i)), shall make a good-faith certifi22 cation described in subclauses (IX) and (X) of such 

23 section. 

24 (c) AMOUNT.— 
694 

•HR 925 EAH 

1 (1) INITIAL GRANTS.—A grant under subsection 

2 (b)(1) shall be in the amount equal to the lesser of— 

3 (A) the amount equal to 45 percent of the 

4 gross revenue of the eligible operator, promoter, 

5 producer, or talent representative during 2019; 

6 (B) for an eligible operator, promoter, pro7 ducer, or talent representative that began oper8 ations after January 1, 2019, the amount equal 

9 to the product obtained by multiplying— 

10 (i) the average monthly gross revenue 

11 for each full month during which the entity 

12 was in operation during 2019, by 

13 (ii) 6; or 

14 (C) $12,000,000. 

15 (2) SUPPLEMENTAL GRANTS.—A grant under 

16 subsection (b)(2) shall be in the amount equal to 50 

17 percent of the grant received by the eligible operator, 

18 promoter, producer, or talent representative under 

19 subsection (b)(1). 

20 (d) USE OF FUNDS.— 

21 (1) TIMING.— 

22 (A) EXPENSES INCURRED.— 

23 (i) IN GENERAL.—Except as provided 

24 in clause (ii), amounts received under a 

25 grant under this section may be used for 
695 

•HR 925 EAH 

1 costs incurred during the period beginning 

2 on March 1, 2020, and ending on December 

3 31, 2021. 

4 (ii) EXTENSION FOR SUPPLEMENTAL

5 GRANTS.—If an eligible operator, promoter, 

6 producer, or talent representative receives a 

7 grant under subsection (b)(2), amounts re8 ceived under either grant under this section 

9 may be used for costs incurred during the 

10 period beginning on March 1, 2020, and 

11 ending on June 30, 2022. 

12 (B) EXPENDITURE.— 

13 (i) IN GENERAL.—Except as provided 

14 in clause (ii), an eligible operator, pro15 moter, producer, or talent representative 

16 shall return to the Administrator any 

17 amounts received under a grant under this 

18 section that are not expended on or before 

19 the date that is 1 year after the date of dis20 bursement of the grant. 

21 (ii) EXTENSION FOR SUPPLEMENTAL

22 GRANTS.—If an eligible operator, promoter, 

23 producer, or talent representative receives a 

24 grant under subsection (b)(2), the eligible 

25 operator, promoter, producer, or talent rep-
696 

•HR 925 EAH 

1 resentative shall return to the Adminis2 trator any amounts received under either 

3 grant under this section that are not ex4 pended on or before the date that is 18 

5 months after the date of disbursement to the 

6 eligible operator, promoter, producer, or tal7 ent representative of the grant under sub8 section (b)(1). 

9 (2) ALLOWABLE EXPENSES.—An eligible oper10 ator, promoter, producer, or talent representative may 

11 use amounts received under a grant under this section 

12 for— 

13 (A) payroll costs for employees and fur14 loughed employees, including— 

15 (i) costs for continuation coverage pro16 vided pursuant to part 6 of subtitle B of 

17 title I of the Employee Retirement Income 

18 Security Act of 1974 (other than under sec19 tion 609 of such Act), title XXII of the Pub20 lic Health Service Act, section 4980B of the 

21 Internal Revenue Code of 1986 (other than 

22 subsection (f)(1) of such section insofar as it 

23 relates to pediatric vaccines), or section 

24 8905a of title 5, United States Code, or 

25 under a State program that provides com-
697 

•HR 925 EAH 

1 parable continuation coverage, other than 

2 coverage under a health flexible spending 

3 arrangement under a cafeteria plan within 

4 the meaning of section 125 of the Internal 

5 Revenue Code of 1986; or 

6 (ii) any other non-cash benefit; 

7 (B) rent; 

8 (C) utilities; 

9 (D) mortgage interest payments on existing 

10 mortgages as of February 15, 2020; 

11 (E) scheduled interest payments on other 

12 scheduled debt as of February 15, 2020; 

13 (F) costs related to personal protective 

14 equipment; 

15 (G) payments of principal on outstanding 

16 loans; 

17 (H) payments made to independent contrac18 tors, as reported on Form–1099 MISC; and 

19 (I) other ordinary and necessary business 

20 expenses, including— 

21 (i) settling existing debts owed to ven22 dors; 

23 (ii) maintenance expenses; 

24 (iii) administrative costs; 

25 (iv) taxes; 
698 

•HR 925 EAH 

1 (v) operating leases; 

2 (vi) insurance; 

3 (vii) advertising, production transpor4 tation, and capital expenditures related to 

5 producing a theatrical production, concert, 

6 or comedy show; and 

7 (viii) any other capital expenditure or 

8 expense required under any State, local, or 

9 Federal law or guideline related to social 

10 distancing. 

11 (3) PROHIBITED EXPENSES.—An eligible oper12 ator, promoter, producer, or talent representative may 

13 not use amounts received under a grant under this 

14 section— 

15 (A) to purchase real estate; 

16 (B) for payments of interest or principal on 

17 loans originated after February 15, 2020; 

18 (C) to invest or re-lend funds; 

19 (D) for contributions or expenditures to, or 

20 on behalf of, any political party, party com21 mittee, or candidate for elective office; or 

22 (E) for any other use as may be prohibited 

23 by the Administrator. 
699 

•HR 925 EAH 

1 DIVISION F—REVENUE 

2 PROVISIONS 

3 SEC. 100. SHORT TITLE, ETC. 

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

5 ‘‘COVID–19 Tax Relief Act of 2020’’. 

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

7 this division is as follows: 

Sec. 100. Short title, etc. 

TITLE I—ECONOMIC STIMULUS 

Subtitle A—Additional Recovery Rebates to Individuals 

Sec. 101. Additional recovery rebates to individuals. 

Subtitle B—Earned Income Tax Credit 

Sec. 111. Strengthening the earned income tax credit for individuals with no 

qualifying children. 

Sec. 112. Taxpayer eligible for childless earned income credit in case of qualifying children who fail to meet certain identification requirements. 

Sec. 113. Credit allowed in case of certain separated spouses. 

Sec. 114. Elimination of disqualified investment income test. 

Sec. 115. Application of earned income tax credit in possessions of the United 

States. 

Sec. 116. Temporary special rule for determining earned income for purposes of 

earned income tax credit. 

Subtitle C—Child Tax Credit 

Sec. 121. Child tax credit improvements for 2020. 

Sec. 122. Application of child tax credit in possessions. 

Subtitle D—Dependent Care Assistance 

Sec. 131. Refundability and enhancement of child and dependent care tax credit. 

Sec. 132. Increase in exclusion for employer-provided dependent care assistance. 

Subtitle E—Credits for Paid Sick and Family Leave 

Sec. 141. Extension of credits. 

Sec. 142. Repeal of reduced rate of credit for certain leave. 

Sec. 143. Increase in limitations on credits for paid family leave. 

Sec. 144. Election to use prior year net earnings from self-employment in determining average daily self-employment income. 

Sec. 145. Federal, State, and local governments allowed tax credits for paid sick 

and paid family and medical leave. 

Sec. 146. Certain technical improvements. 
700 

•HR 925 EAH 

Sec. 147. Credits not allowed to certain large employers. 

Subtitle F—Deduction of State and Local Taxes 

Sec. 151. Elimination for 2020 limitation on deduction of State and local taxes. 

TITLE II—PROVISIONS TO PREVENT BUSINESS INTERRUPTION 

Sec. 201. Improvements to employee retention and rehiring credit. 

Sec. 202. Certain loan forgiveness and other business financial assistance under 

CARES Act not includible in gross income. 

Sec. 203. Clarification of treatment of expenses paid or incurred with proceeds 

from certain grants and loans. 

TITLE III—NET OPERATING LOSSES 

Sec. 301. Limitation on excess business losses of non-corporate taxpayers restored 

and made permanent. 

Sec. 302. Certain taxpayers allowed carryback of net operating losses arising in 

2019 and 2020. 

1 TITLE I—ECONOMIC STIMULUS 

2 Subtitle A—Additional Recovery 

3 Rebates to Individuals 

4 SEC. 101. ADDITIONAL RECOVERY REBATES TO INDIVID5 UALS. 

6 (a) IN GENERAL.—Subchapter B of chapter 65 of the 

7 Internal Revenue Code of 1986 is amended by inserting 

8 after section 6428 the following new section: 

9 ‘‘SEC. 6428A. ADDITIONAL RECOVERY REBATES TO INDIVID10 UALS. 

11 ‘‘(a) IN GENERAL.—In the case of an eligible indi12 vidual, there shall be allowed as a credit against the tax 

13 imposed by subtitle A for the first taxable year beginning 

14 in 2020 an amount equal to the additional rebate amount 

15 determined for such taxable year. 

16 ‘‘(b) ADDITIONAL REBATE AMOUNT.—For purposes of 

17 this section, the term ‘additional rebate amount’ means, 
701 

•HR 925 EAH 

1 with respect to any taxpayer for any taxable year, the sum 

2 of— 

3 ‘‘(1) $1,200 ($2,400 in the case of a joint re4 turn), plus 

5 ‘‘(2) $500 multiplied by the number of depend6 ents of the taxpayer for such taxable year. 

7 ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this sec8 tion, the term ‘eligible individual’ means any individual 

9 other than— 

10 ‘‘(1) any nonresident alien individual, 

11 ‘‘(2) any individual with respect to whom a de12 duction under section 151 is allowable to another tax13 payer for a taxable year beginning in the calendar 

14 year in which the individual’s taxable year begins, 

15 and 

16 ‘‘(3) an estate or trust. 

17 ‘‘(d) LIMITATION BASED ON MODIFIED ADJUSTED

18 GROSS INCOME.—The amount of the credit allowed by sub19 section (a) (determined without regard to this subsection 

20 and subsection (f)) shall be reduced (but not below zero) 

21 by 5 percent of so much of the taxpayer’s modified adjusted 

22 gross income as exceeds— 

23 ‘‘(1) $150,000 in the case of a joint return or a 

24 surviving spouse (as defined in section 2(a)), 
702 

•HR 925 EAH 

1 ‘‘(2) $112,500 in the case of a head of household 

2 (as defined in section 2(b)), and 

3 ‘‘(3) $75,000 in any other case. 

4 ‘‘(e) DEFINITIONS AND SPECIAL RULES.— 

5 ‘‘(1) MODIFIED ADJUSTED GROSS INCOME.—For 

6 purposes of this subsection (other than this para7 graph), the term ‘modified adjusted gross income’ 

8 means adjusted gross income determined without re9 gard to sections 911, 931, and 933. 

10 ‘‘(2) DEPENDENT DEFINED.—For purposes of 

11 this section, the term ‘dependent’ has the meaning 

12 given such term by section 152. 

13 ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The 

14 credit allowed by subsection (a) shall be treated as al15 lowed by subpart C of part IV of subchapter A of 

16 chapter 1. 

17 ‘‘(4) IDENTIFICATION NUMBER REQUIREMENT.— 

18 ‘‘(A) IN GENERAL.—The $1,200 amount in 

19 subsection (b)(1) shall be treated as being zero 

20 unless the taxpayer includes the TIN of the tax21 payer on the return of tax for the taxable year. 

22 ‘‘(B) JOINT RETURNS.—In the case of a 

23 joint return, the $2,400 amount in subsection 

24 (b)(1) shall be treated as being— 
703 

•HR 925 EAH 

1 ‘‘(i) zero if the TIN of neither spouse 

2 is included on the return of tax for the tax3 able year, and 

4 ‘‘(ii) $1,200 if the TIN of only one 

5 spouse is so included. 

6 ‘‘(C) DEPENDENTS.—A dependent shall not 

7 be taken into account under subsection (b)(2) un8 less the TIN of such dependent is included on the 

9 return of tax for the taxable year. 

10 ‘‘(D) COORDINATION WITH CERTAIN AD11 VANCE PAYMENTS.—In the case of any payment 

12 made pursuant to subsection (g)(5)(A)(ii), a TIN 

13 shall be treated for purposes of this paragraph as 

14 included on the taxpayer’s return of tax if such 

15 TIN is provided pursuant to such subsection. 

16 ‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF

17 CREDIT.— 

18 ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The 

19 amount of the credit which would (but for this para20 graph) be allowable under subsection (a) shall be re21 duced (but not below zero) by the aggregate refunds 

22 and credits made or allowed to the taxpayer (or any 

23 dependent of the taxpayer) under subsection (g). Any 

24 failure to so reduce the credit shall be treated as aris-
704 

•HR 925 EAH 

1 ing out of a mathematical or clerical error and as2 sessed according to section 6213(b)(1). 

3 ‘‘(2) JOINT RETURNS.—In the case of a refund or 

4 credit made or allowed under subsection (g) with re5 spect to a joint return, half of such refund or credit 

6 shall be treated as having been made or allowed to 

7 each individual filing such return. 

8 ‘‘(g) ADVANCE REFUNDS AND CREDITS.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (5), 

10 each individual who was an eligible individual for 

11 such individual’s first taxable year beginning in 2019 

12 shall be treated as having made a payment against 

13 the tax imposed by chapter 1 for such taxable year in 

14 an amount equal to the advance refund amount for 

15 such taxable year. 

16 ‘‘(2) ADVANCE REFUND AMOUNT.—For purposes 

17 of paragraph (1), the advance refund amount is the 

18 amount that would have been allowed as a credit 

19 under this section for such taxable year if this section 

20 (other than subsection (f) and this subsection) had ap21 plied to such taxable year. 

22 ‘‘(3) TIMING AND MANNER OF PAYMENTS.— 

23 ‘‘(A) TIMING.—The Secretary shall, subject 

24 to the provisions of this title, refund or credit 

25 any overpayment attributable to this section as 
705 

•HR 925 EAH 

1 rapidly as possible. No refund or credit shall be 

2 made or allowed under this subsection after De3 cember 31, 2020. 

4 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith5 standing any other provision of law, the Sec6 retary may certify and disburse refunds payable 

7 under this subsection electronically to any ac8 count to which the payee authorized, on or after 

9 January 1, 2018, the delivery of a refund of 

10 taxes under this title or of a Federal payment 

11 (as defined in section 3332 of title 31, United 

12 States Code). 

13 ‘‘(C) WAIVER OF CERTAIN RULES.—Not14 withstanding section 3325 of title 31, United 

15 States Code, or any other provision of law, with 

16 respect to any payment of a refund under this 

17 subsection, a disbursing official in the executive 

18 branch of the United States Government may 

19 modify payment information received from an 

20 officer or employee described in section 

21 3325(a)(1)(B) of such title for the purpose of fa22 cilitating the accurate and efficient delivery of 

23 such payment. Except in cases of fraud or reck24 less neglect, no liability under sections 3325, 

25 3527, 3528, or 3529 of title 31, United States 
706 

•HR 925 EAH 

1 Code, shall be imposed with respect to payments 

2 made under this subparagraph. 

3 ‘‘(4) NO INTEREST.—No interest shall be allowed 

4 on any overpayment attributable to this section. 

5 ‘‘(5) APPLICATION TO INDIVIDUALS WHO DO NOT

6 FILE A RETURN OF TAX FOR 2019.— 

7 ‘‘(A) IN GENERAL.—In the case of an indi8 vidual who, at the time of any determination 

9 made pursuant to paragraph (3), has not filed 

10 a tax return for the year described in paragraph 

11 (1), the Secretary shall— 

12 ‘‘(i) apply paragraph (1) by sub13 stituting ‘2018’ for ‘2019’, and 

14 ‘‘(ii) in the case of a specified indi15 vidual who has not filed a tax return for 

16 such individual’s first taxable year begin17 ning in 2018, determine the advance refund 

18 amount with respect to such individual 

19 without regard to subsections (d) and on the 

20 basis of information with respect to such in21 dividual which is provided by— 

22 ‘‘(I) in the case of a specified so23 cial security beneficiary or a specified 

24 supplemental security income recipi-
707 

•HR 925 EAH 

1 ent, the Commissioner of Social Secu2 rity, 

3 ‘‘(II) in the case of a specified 

4 railroad retirement beneficiary, the 

5 Railroad Retirement Board, and 

6 ‘‘(III) in the case of a specified 

7 veterans beneficiary, the Secretary of 

8 Veterans Affairs (in coordination with, 

9 and with the assistance of, the Com10 missioner of Social Security if appro11 priate). 

12 ‘‘(B) SPECIFIED INDIVIDUAL.—For purposes 

13 of this paragraph, the term ‘specified individual’ 

14 means any individual who is— 

15 ‘‘(i) a specified social security bene16 ficiary, 

17 ‘‘(ii) a specified supplemental security 

18 income recipient, 

19 ‘‘(iii) a specified railroad retirement 

20 beneficiary, or 

21 ‘‘(iv) a specified veterans beneficiary. 

22 ‘‘(C) SPECIFIED SOCIAL SECURITY BENE23 FICIARY.—For purposes of this paragraph— 

24 ‘‘(i) IN GENERAL.—The term ‘specified 

25 social security beneficiary’ means any indi-
708 

•HR 925 EAH 

1 vidual who, for the last month that ends 

2 prior to the date of enactment of this sec3 tion, is entitled to any monthly insurance 

4 benefit payable under title II of the Social 

5 Security Act (42 U.S.C. 401 et seq.), includ6 ing payments made pursuant to sections 

7 202(d), 223(g), and 223(i)(7) of such Act. 

8 ‘‘(ii) EXCEPTION.—Such term shall not 

9 include any individual if such benefit is not 

10 payable for such month by reason of section 

11 202(x) of the Social Security Act (42 U.S.C. 

12 402(x)) or section 1129A of such Act (42 

13 U.S.C. 1320a–8a). 

14 ‘‘(D) SPECIFIED SUPPLEMENTAL SECURITY

15 INCOME RECIPIENT.—For purposes of this para16 graph— 

17 ‘‘(i) IN GENERAL.—The term ‘specified 

18 supplemental security income recipient’ 

19 means any individual who, for the last 

20 month that ends prior to the date of enact21 ment of this section, is eligible for a month22 ly benefit payable under title XVI of the So23 cial Security Act (42 U.S.C. 1381 et seq.) 

24 (other than a benefit to an individual de-
709 

•HR 925 EAH 

1 scribed in section 1611(e)(1)(B) of such Act 

2 (42 U.S.C. 1382(e)(1)(B)), including— 

3 ‘‘(I) payments made pursuant to 

4 section 1614(a)(3)(C) of such Act (42 

5 U.S.C. 1382c(a)(3)(C)), 

6 ‘‘(II) payments made pursuant to 

7 section 1619(a) (42 U.S.C. 1382h) or 

8 subsections (a)(4), (a)(7), or (p)(7) of 

9 section 1631 (42 U.S.C. 1383) of such 

10 Act, and 

11 ‘‘(III) State supplementary pay12 ments of the type referred to in section 

13 1616(a) of such Act (42 U.S.C. 

14 1382e(a)) (or payments of the type de15 scribed in section 212(a) of Public Law 

16 93–66) which are paid by the Commis17 sioner under an agreement referred to 

18 in such section 1616(a) (or section 

19 212(a) of Public Law 93–66). 

20 ‘‘(ii) EXCEPTION.—Such term shall not 

21 include any individual if such monthly ben22 efit is not payable for such month by reason 

23 of subsection (e)(1)(A) or (e)(4) of section 

24 1611 (42 U.S.C. 1382) or section 1129A of 

25 such Act (42 U.S.C. 1320a–8a). 
710 

•HR 925 EAH 

1 ‘‘(E) SPECIFIED RAILROAD RETIREMENT

2 BENEFICIARY.—For purposes of this paragraph, 

3 the term ‘specified railroad retirement bene4 ficiary’ means any individual who, for the last 

5 month that ends prior to the date of enactment 

6 of this section, is entitled to a monthly annuity 

7 or pension payment payable (without regard to 

8 section 5(a)(ii) of the Railroad Retirement Act of 

9 1974 (45 U.S.C. 231d(a)(ii))) under— 

10 ‘‘(i) section 2(a)(1) of such Act (45 

11 U.S.C. 231a(a)(1)), 

12 ‘‘(ii) section 2(c) of such Act (45 

13 U.S.C. 231a(c)), 

14 ‘‘(iii) section 2(d)(1) of such Act (45 

15 U.S.C. 231a(d)(1)), or 

16 ‘‘(iv) section 7(b)(2) of such Act (45 

17 U.S.C. 231f(b)(2)) with respect to any of the 

18 benefit payments described in subparagraph 

19 (C)(i). 

20 ‘‘(F) SPECIFIED VETERANS BENEFICIARY.— 

21 For purposes of this paragraph— 

22 ‘‘(i) IN GENERAL.—The term ‘specified 

23 veterans beneficiary’ means any individual 

24 who, for the last month that ends prior to 

25 the date of enactment of this section, is enti-
711 

•HR 925 EAH 

1 tled to a compensation or pension payment 

2 payable under— 

3 ‘‘(I) section 1110, 1117, 1121, 

4 1131, 1141, or 1151 of title 38, United 

5 States Code, 

6 ‘‘(II) section 1310, 1312, 1313, 

7 1315, 1316, or 1318 of title 38, United 

8 States Code, 

9 ‘‘(III) section 1513, 1521, 1533, 

10 1536, 1537, 1541, 1542, or 1562 of 

11 title 38, United States Code, or 

12 ‘‘(IV) section 1805, 1815, or 1821 

13 of title 38, United States Code, 

14 to a veteran, surviving spouse, child, or 

15 parent as described in paragraph (2), (3), 

16 (4)(A)(ii), or (5) of section 101, title 38, 

17 United States Code. 

18 ‘‘(ii) EXCEPTION.—Such term shall not 

19 include any individual if such compensa20 tion or pension payment is not payable, or 

21 was reduced, for such month by reason of 

22 section 1505, 5313, or 5313B of title 38, 

23 United States Code. 

24 ‘‘(G) SUBSEQUENT DETERMINATIONS AND

25 REDETERMINATIONS NOT TAKEN INTO AC-
712 

•HR 925 EAH 

1 COUNT.—For purposes of this section, any indi2 vidual’s status as a specified social security bene3 ficiary, a specified supplemental security income 

4 recipient, a specified railroad retirement bene5 ficiary, or a specified veterans beneficiary shall 

6 be unaffected by any determination or redeter7 mination of any entitlement to, or eligibility for, 

8 any benefit, payment, or compensation, if such 

9 determination or redetermination occurs after 

10 the last month that ends prior to the date of en11 actment of this section. 

12 ‘‘(H) PAYMENT TO REPRESENTATIVE PAY13 EES AND FIDUCIARIES.— 

14 ‘‘(i) IN GENERAL.—If the benefit, pay15 ment, or compensation referred to in sub16 paragraph (C)(i), (D)(i), (E), or (F)(i) 

17 with respect to any specified individual is 

18 paid to a representative payee or fiduciary, 

19 payment by the Secretary under paragraph 

20 (3) with respect to such specified individual 

21 shall be made to such individual’s rep22 resentative payee or fiduciary and the en23 tire payment shall be used only for the ben24 efit of the individual who is entitled to the 

25 payment. 
713 

•HR 925 EAH 

1 ‘‘(ii) APPLICATION OF ENFORCEMENT

2 PROVISIONS.— 

3 ‘‘(I) In the case of a payment de4 scribed in clause (i) which is made 

5 with respect to a specified social secu6 rity beneficiary or a specified supple7 mental security income recipient, sec8 tion 1129(a)(3) of the Social Security 

9 Act (42 U.S.C. 1320a–8(a)(3)) shall 

10 apply to such payment in the same 

11 manner as such section applies to a 

12 payment under title II or XVI of such 

13 Act. 

14 ‘‘(II) In the case of a payment de15 scribed in clause (i) which is made 

16 with respect to a specified railroad re17 tirement beneficiary, section 13 of the 

18 Railroad Retirement Act (45 U.S.C. 

19 231l) shall apply to such payment in 

20 the same manner as such section ap21 plies to a payment under such Act. 

22 ‘‘(III) In the case of a payment 

23 described in clause (i) which is made 

24 with respect to a specified veterans 

25 beneficiary, sections 5502, 6106, and 
714 

•HR 925 EAH 

1 6108 of title 38, United States Code, 

2 shall apply to such payment in the 

3 same manner as such sections apply to 

4 a payment under such title. 

5 ‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 

6 days after the date on which the Secretary distributed 

7 any payment to an eligible taxpayer pursuant to this 

8 subsection, notice shall be sent by mail to such tax9 payer’s last known address. Such notice shall indicate 

10 the method by which such payment was made, the 

11 amount of such payment, and a phone number for the 

12 appropriate point of contact at the Internal Revenue 

13 Service to report any error with respect to such pay14 ment. 

15 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 

16 such regulations or other guidance as may be necessary or 

17 appropriate to carry out the purposes of this section, in18 cluding— 

19 ‘‘(1) regulations or other guidance providing tax20 payers the opportunity to provide the Secretary infor21 mation sufficient to allow the Secretary to make pay22 ments to such taxpayers under subsection (g) (includ23 ing the determination of the amount of such pay24 ment) if such information is not otherwise available 

25 to the Secretary, and 
715 

•HR 925 EAH 

1 ‘‘(2) regulations or other guidance providing for 

2 the proper treatment of joint returns and taxpayers 

3 with dependents to ensure that an individual is not 

4 taken into account more than once in determining the 

5 amount of any credit under subsection (a) and any 

6 credit or refund under subsection (g). 

7 ‘‘(i) OUTREACH.—The Secretary shall carry out a ro8 bust and comprehensive outreach program to ensure that 

9 all taxpayers described in subsection (h)(1) learn of their 

10 eligibility for the advance refunds and credits under sub11 section (g); are advised of the opportunity to receive such 

12 advance refunds and credits as provided under subsection 

13 (h)(1); and are provided assistance in applying for such 

14 advance refunds and credits. In conducting such outreach 

15 program, the Secretary shall coordinate with other govern16 ment, State, and local agencies; federal partners; and com17 munity-based nonprofit organizations that regularly inter18 face with such taxpayers.’’. 

19 (b) TREATMENT OF CERTAIN POSSESSIONS.— 

20 (1) PAYMENTS TO POSSESSIONS WITH MIRROR

21 CODE TAX SYSTEMS.—The Secretary of the Treasury 

22 shall pay to each possession of the United States 

23 which has a mirror code tax system amounts equal to 

24 the loss (if any) to that possession by reason of the 

25 amendments made by this section. Such amounts 
716 

•HR 925 EAH 

1 shall be determined by the Secretary of the Treasury 

2 based on information provided by the government of 

3 the respective possession. 

4 (2) PAYMENTS TO OTHER POSSESSIONS.—The 

5 Secretary of the Treasury shall pay to each possession 

6 of the United States which does not have a mirror 

7 code tax system amounts estimated by the Secretary 

8 of the Treasury as being equal to the aggregate bene9 fits (if any) that would have been provided to resi10 dents of such possession by reason of the amendments 

11 made by this section if a mirror code tax system had 

12 been in effect in such possession. The preceding sen13 tence shall not apply unless the respective possession 

14 has a plan, which has been approved by the Secretary 

15 of the Treasury, under which such possession will 

16 promptly distribute such payments to its residents. 

17 (3) COORDINATION WITH CREDIT ALLOWED

18 AGAINST UNITED STATES INCOME TAXES.—No credit 

19 shall be allowed against United States income taxes 

20 under section 6428A of the Internal Revenue Code of 

21 1986 (as added by this section), nor shall any credit 

22 or refund be made or allowed under subsection (g) of 

23 such section, to any person— 
717 

•HR 925 EAH 

1 (A) to whom a credit is allowed against 

2 taxes imposed by the possession by reason of the 

3 amendments made by this section, or 

4 (B) who is eligible for a payment under a 

5 plan described in paragraph (2). 

6 (4) MIRROR CODE TAX SYSTEM.—For purposes 

7 of this subsection, the term ‘‘mirror code tax system’’ 

8 means, with respect to any possession of the United 

9 States, the income tax system of such possession if the 

10 income tax liability of the residents of such possession 

11 under such system is determined by reference to the 

12 income tax laws of the United States as if such pos13 session were the United States. 

14 (c) ADMINISTRATIVE PROVISIONS.— 

15 (1) DEFINITION OF DEFICIENCY.—Section 

16 6211(b)(4)(A) of the Internal Revenue Code of 1986 

17 is amended by striking ‘‘and 6428’’ and inserting 

18 ‘‘6428, and 6428A’’. 

19 (2) MATHEMATICAL OR CLERICAL ERROR AU20 THORITY.—Section 6213(g)(2) of such Code is amend21 ed— 

22 (A) by inserting ‘‘or section 6428A (relating 

23 to additional recovery rebates to individuals)’’ 

24 before the comma at the end of subparagraph 

25 (H), and 
718 

•HR 925 EAH 

1 (B) by striking ‘‘or 6428’’ in subparagraph 

2 (L) and inserting ‘‘6428, or 6428A’’. 

3 (3) EXCEPTION FROM REDUCTION OR OFFSET.— 

4 Any credit or refund allowed or made to any indi5 vidual by reason of section 6428A of the Internal Rev6 enue Code of 1986 (as added by this section) or by 

7 reason of subsection (b) of this section shall not be— 

8 (A) subject to reduction or offset pursuant 

9 to section 3716 or 3720A of title 31, United 

10 States Code, 

11 (B) subject to reduction or offset pursuant 

12 to subsection (c), (d), (e), or (f) of section 6402 

13 of the Internal Revenue Code of 1986, or 

14 (C) reduced or offset by other assessed Fed15 eral taxes that would otherwise be subject to levy 

16 or collection. 

17 (4) ASSIGNMENT OF BENEFITS.— 

18 (A) IN GENERAL.—The right of any person 

19 to any applicable payment shall not be transfer20 able or assignable, at law or in equity, and no 

21 applicable payment shall be subject to, execution, 

22 levy, attachment, garnishment, or other legal 

23 process, or the operation of any bankruptcy or 

24 insolvency law. 
719 

•HR 925 EAH 

1 (B) ENCODING OF PAYMENTS.—In the case 

2 of an applicable payment described in subpara3 graph (E)(iii)(I) that is paid electronically by 

4 direct deposit through the Automated Clearing 

5 House (ACH) network, the Secretary of the 

6 Treasury (or the Secretary’s delegate) shall— 

7 (i) issue the payment using a unique 

8 identifier that is reasonably sufficient to 

9 allow a financial institution to identify the 

10 payment as an applicable payment, and 

11 (ii) further encode the payment pursu12 ant to the same specifications as required 

13 for a benefit payment defined in section 

14 212.3 of title 31, Code of Federal Regula15 tions. 

16 (C) GARNISHMENT.— 

17 (i) ENCODED PAYMENTS.—In the case 

18 of a garnishment order that applies to an 

19 account that has received an applicable 

20 payment that is encoded as provided in sub21 paragraph (B), a financial institution shall 

22 follow the requirements and procedures set 

23 forth in part 212 of title 31, Code of Fed24 eral Regulations, except— 
720 

•HR 925 EAH 

1 (I) notwithstanding section 212.4 

2 of title 31, Code of Federal Regulations 

3 (and except as provided in subclause 

4 (II)), a financial institution shall not 

5 fail to follow the procedures of sections 

6 212.5 and 212.6 of such title with re7 spect to an garnishment order merely 

8 because such order has attached, or in9 cludes, a notice of right to garnish fed10 eral benefits issued by a State child 

11 support enforcement agency, and 

12 (II) a financial institution shall 

13 not, with regard to any applicable 

14 payment, be required to provide the 

15 notice referenced in sections 212.6 and 

16 212.7 of title 31, Code of Federal Regu17 lations. 

18 (ii) OTHER PAYMENTS.—If a financial 

19 institution receives a garnishment order 

20 (other than an order that has been served by 

21 the United States), that has been received 

22 by a financial institution and that applies 

23 to an account into which an applicable 

24 payment that has not been encoded as pro25 vided in subparagraph (B) has been depos-
721 

•HR 925 EAH 

1 ited electronically or by an applicable pay2 ment that has been deposited by check on 

3 any date in the lookback period, the finan4 cial institution, upon the request of the ac5 count holder, shall treat the amount of the 

6 funds in the account at the time of the re7 quest, up to the amount of the applicable 

8 payment (in addition to any amounts oth9 erwise protected under part 212 of title 31, 

10 Code of Federal Regulations), as exempt 

11 from a garnishment order without requiring 

12 the consent of the party serving the garnish13 ment order or the judgment creditor. 

14 (iii) LIABILITY.—A financial institu15 tion that acts in good faith in reliance on 

16 clauses (i) or (ii) shall not be subject to li17 ability or regulatory action under any Fed18 eral or State law, regulation, court or other 

19 order, or regulatory interpretation for ac20 tions concerning any applicable payments. 

21 (D) PRESERVATION OF RECLAMATION

22 RIGHTS.—This paragraph shall not alter the sta23 tus of applicable payments as tax refunds or 

24 other nonbenefit payments for purpose of any 

25 reclamation rights of the Department of the 
722 

•HR 925 EAH 

1 Treasury or the Internal Revenue Service as per 

2 part 210 of title 31, Code of Federal Regulations. 

3 (E) DEFINITIONS.—For purposes of this 

4 paragraph— 

5 (i) ACCOUNT HOLDER.—The term ‘‘ac6 count holder’’ means a natural person 

7 whose name appears in a financial institu8 tion’s records as the direct or beneficial 

9 owner of an account. 

10 (ii) ACCOUNT REVIEW.—The term ‘‘ac11 count review’’ means the process of exam12 ining deposits in an account to determine if 

13 an applicable payment has been deposited 

14 into the account during the lookback period. 

15 The financial institution shall perform the 

16 account review following the procedures out17 lined in section 212.5 of title 31, Code of 

18 Federal Regulations and in accordance with 

19 the requirements of section 212.6 of title 31, 

20 Code of Federal Regulations. 

21 (iii) APPLICABLE PAYMENT.—The term 

22 ‘‘applicable payment’’ means— 

23 (I) any advance refund amount 

24 paid pursuant to subsection (g) of sec-
723 

•HR 925 EAH 

1 tion 6428A of the Internal Revenue 

2 Code of 1986 (as so added), 

3 (II) any payment made by a pos4 session of the United States with a 

5 mirror code tax system (as defined in 

6 subsection (c) of section 2201 of the 

7 CARES Act (Public Law 116–136)) 

8 pursuant to such subsection which cor9 responds to a payment described in 

10 subclause (I), and 

11 (III) any payment made by a 

12 possession of the United States without 

13 a mirror code tax system (as so de14 fined) pursuant to section 2201(c) of 

15 such Act. 

16 (iv) GARNISHMENT.—The term ‘‘gar17 nishment’’ means execution, levy, attach18 ment, garnishment, or other legal process. 

19 (v) GARNISHMENT ORDER.—The term 

20 ‘‘garnishment order’’ means a writ, order, 

21 notice, summons, judgment, levy, or similar 

22 written instruction issued by a court, a 

23 State or State agency, a municipality or 

24 municipal corporation, or a State child 

25 support enforcement agency, including a 
724 

•HR 925 EAH 

1 lien arising by operation of law for overdue 

2 child support or an order to freeze the assets 

3 in an account, to effect a garnishment 

4 against a debtor. 

5 (vi) LOOKBACK PERIOD.—The term 

6 ‘‘lookback period’’ means the two month pe7 riod that begins on the date preceding the 

8 date of account review and ends on the cor9 responding date of the month two months 

10 earlier, or on the last date of the month two 

11 months earlier if the corresponding date 

12 does not exist. 

13 (5) TREATMENT OF CREDIT AND ADVANCE PAY14 MENTS.—For purposes of section 1324 of title 31, 

15 United States Code, any credit under section 

16 6428A(a) of the Internal Revenue Code of 1986, any 

17 credit or refund under section 6428A(g) of such Code, 

18 and any payment under subsection (b) of this section, 

19 shall be treated in the same manner as a refund due 

20 from a credit provision referred to in subsection 

21 (b)(2) of such section 1324. 

22 (6) AGENCY INFORMATION SHARING AND ASSIST23 ANCE.—The Commissioner of Social Security, the 

24 Railroad Retirement Board, and the Secretary of Vet25 erans Affairs shall each provide the Secretary of the 
725 

•HR 925 EAH 

1 Treasury (or the Secretary’s delegate) such informa2 tion and assistance as the Secretary of the Treasury 

3 (or the Secretary’s delegate) may require for purposes 

4 of making payments under section 6428A(g) of the 

5 Internal Revenue Code of 1986 to individuals de6 scribed in paragraph (5)(A)(ii) thereof. 

7 (7) CLERICAL AMENDMENT.—The table of sec8 tions for subchapter B of chapter 65 of the Internal 

9 Revenue Code of 1986 is amended by inserting after 

10 the item relating to section 6428 the following new 

11 item: 

‘‘Sec. 6428A. Additional recovery rebates to individuals.’’. 

12 (d) CERTAIN REQUIREMENTS RELATED TO RECOVERY

13 REBATES AND ADDITIONAL RECOVERY REBATES.— 

14 (1) SIGNATURES ON CHECKS AND NOTICES, ETC., 

15 BY THE DEPARTMENT OF THE TREASURY.—Any check 

16 issued to an individual by the Department of the 

17 Treasury pursuant to section 6428 or 6428A of the 

18 Internal Revenue Code of 1986, and any notice issued 

19 pursuant to section 6428(f)(6) or section 6428A(g)(6) 

20 of such Code, may not be signed by or otherwise bear 

21 the name, signature, image or likeness of the Presi22 dent, the Vice President or any elected official or cabi23 net level officer of the United States, or any indi24 vidual who, with respect to any of the aforementioned 

25 individuals, bears any relationship described in sub-
726 

•HR 925 EAH 

1 paragraphs (A) through (G) of section 152(d)(2) of 

2 the Internal Revenue Code of 1986. 

3 (2) EFFECTIVE DATE.—Paragraph (1) shall 

4 apply to checks and notices issued after the date of the 

5 enactment of this Act. 

6 (e) REPORTS TO CONGRESS.—Each week beginning 

7 after the date of the enactment of this Act and beginning 

8 before December 31, 2020, on Friday of such week, not later 

9 than 3 p.m. Eastern Time, the Secretary of the Treasury 

10 shall provide a written report to the Committee on Ways 

11 and Means of the House of Representatives and the Com12 mittee on Finance of the Senate. Such report shall include 

13 the following information with respect to payments made 

14 pursuant to each of sections 6428 and 6428A of the Internal 

15 Revenue Code of 1986: 

16 (1) The number of scheduled payments sent to 

17 the Bureau of Fiscal Service for payment by direct 

18 deposit or paper check for the following week (stated 

19 separately for direct deposit and paper check). 

20 (2) The total dollar amount of the scheduled pay21 ments described in paragraph (1). 

22 (3) The number of direct deposit payments re23 turned to the Department of the Treasury and the 

24 total dollar value of such payments, for the week end-
727 

•HR 925 EAH 

1 ing on the day prior to the day on which the report 

2 is provided. 

3 (4) The total number of letters related to pay4 ments under section 6428 or 6428A of such Code 

5 mailed to taxpayers during the week ending on the 

6 day prior to the day on which the report is provided. 

7 Subtitle B—Earned Income Tax 

8 Credit 

9 SEC. 111. STRENGTHENING THE EARNED INCOME TAX 

10 CREDIT FOR INDIVIDUALS WITH NO QUALI11 FYING CHILDREN. 

12 (a) SPECIAL RULES FOR 2020.—Section 32 of the In13 ternal Revenue Code of 1986 is amended by adding at the 

14 end the following new subsection: 

15 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT

16 QUALIFYING CHILDREN.—In the case of any taxable year 

17 beginning after December 31, 2019, and before January 1, 

18 2021— 

19 ‘‘(1) DECREASE IN MINIMUM AGE FOR CREDIT.— 

20 ‘‘(A) IN GENERAL.—Subsection 

21 (c)(1)(A)(ii)(II) shall be applied by substituting 

22 ‘the applicable minimum age’ for ‘age 25’. 

23 ‘‘(B) APPLICABLE MINIMUM AGE.—For pur24 poses of this paragraph, the term ‘applicable 

25 minimum age’ means— 
728 

•HR 925 EAH 

1 ‘‘(i) except as otherwise provided in 

2 this subparagraph, age 19, 

3 ‘‘(ii) in the case of a full-time student 

4 (other than a qualified former foster youth 

5 or a qualified homeless youth), age 25, and 

6 ‘‘(iii) in the case of a qualified former 

7 foster youth or a qualified homeless youth, 

8 age 18. 

9 ‘‘(C) FULL-TIME STUDENT.—For purposes 

10 of this paragraph, the term ‘full-time student’ 

11 means, with respect to any taxable year, an in12 dividual who is an eligible student (as defined in 

13 section 25A(b)(3)) during at least 5 calendar 

14 months during the taxable year. 

15 ‘‘(D) QUALIFIED FORMER FOSTER

16 YOUTH.—For purposes of this paragraph, the 

17 term ‘qualified former foster youth’ means an in18 dividual who— 

19 ‘‘(i) on or after the date that such indi20 vidual attained age 14, was in foster care 

21 provided under the supervision or adminis22 tration of a State or tribal agency admin23 istering (or eligible to administer) a plan 

24 under part B or part E of the Social Secu25 rity Act (without regard to whether Federal 
729 

•HR 925 EAH 

1 assistance was provided with respect to such 

2 child under such part E), and 

3 ‘‘(ii) provides (in such manner as the 

4 Secretary may provide) consent for State 

5 and tribal agencies which administer a 

6 plan under part B or part E of the Social 

7 Security Act to disclose to the Secretary in8 formation related to the status of such indi9 vidual as a qualified former foster youth. 

10 ‘‘(E) QUALIFIED HOMELESS YOUTH.—For 

11 purposes of this paragraph, the term ‘qualified 

12 homeless youth’ means, with respect to any tax13 able year, an individual who— 

14 ‘‘(i) is certified by a local educational 

15 agency or a financial aid administrator 

16 during such taxable year as being either an 

17 unaccompanied youth who is a homeless 

18 child or youth, or as unaccompanied, at 

19 risk of homelessness, and self-supporting. 

20 Terms used in the preceding sentence which 

21 are also used in section 480(d)(1) of the 

22 Higher Education Act of 1965 shall have 

23 the same meaning as when used in such sec24 tion, and 
730 

•HR 925 EAH 

1 ‘‘(ii) provides (in such manner as the 

2 Secretary may provide) consent for local 

3 educational agencies and financial aid ad4 ministrators to disclose to the Secretary in5 formation related to the status of such indi6 vidual as a qualified homeless youth. 

7 ‘‘(2) INCREASE IN MAXIMUM AGE FOR CREDIT.— 

8 Subsection (c)(1)(A)(ii)(II) shall be applied by sub9 stituting ‘age 66’ for ‘age 65’. 

10 ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER11 CENTAGES.—The table contained in subsection (b)(1) 

12 shall be applied by substituting ‘15.3’ for ‘7.65’ each 

13 place it appears therein. 

14 ‘‘(4) INCREASE IN EARNED INCOME AND PHASE15 OUT AMOUNTS.— 

16 ‘‘(A) IN GENERAL.—The table contained in 

17 subsection (b)(2)(A) shall be applied— 

18 ‘‘(i) by substituting ‘$9,720’ for 

19 ‘$4,220’, and 

20 ‘‘(ii) by substituting ‘$11,490’ for 

21 ‘$5,280’. 

22 ‘‘(B) COORDINATION WITH INFLATION AD23 JUSTMENT.—Subsection (j) shall not apply to 

24 any dollar amount specified in this paragraph.’’. 
731 

•HR 925 EAH 

1 (b) INFORMATION RETURN MATCHING.—As soon as 

2 practicable, the Secretary of the Treasury (or the Sec3 retary’s delegate) shall develop and implement procedures 

4 to use information returns under section 6050S (relating 

5 to returns relating to higher education tuition and related 

6 expenses) to check the status of individuals as full-time stu7 dents for purposes of section 32(n)(1)(B)(ii) of the Internal 

8 Revenue Code of 1986 (as added by this section). 

9 (c) EFFECTIVE DATE.—The amendment made by this 

10 section shall apply to taxable years beginning after Decem11 ber 31, 2019. 

12 SEC. 112. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED IN13 COME CREDIT IN CASE OF QUALIFYING CHIL14 DREN WHO FAIL TO MEET CERTAIN IDENTI15 FICATION REQUIREMENTS. 

16 (a) IN GENERAL.—Section 32(c)(1) of the Internal 

17 Revenue Code of 1986 is amended by striking subparagraph 

18 (F). 

19 (b) EFFECTIVE DATE.—The amendment made by this 

20 section shall apply to taxable years beginning after the date 

21 of the enactment of this Act. 

22 SEC. 113. CREDIT ALLOWED IN CASE OF CERTAIN SEPA23 RATED SPOUSES. 

24 (a) IN GENERAL.—Section 32(d) of the Internal Rev25 enue Code of 1986 is amended— 
732 

•HR 925 EAH 

1 (1) by striking ‘‘MARRIED INDIVIDUALS.—In the 

2 case of’’ and inserting the following: ‘‘MARRIED INDI3 VIDUALS.— 

4 ‘‘(1) IN GENERAL.—In the case of’’, and 

5 (2) by adding at the end the following new para6 graph: 

7 ‘‘(2) DETERMINATION OF MARITAL STATUS.—For 

8 purposes of this section— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), marital status shall be deter11 mined under section 7703(a). 

12 ‘‘(B) SPECIAL RULE FOR SEPARATED

13 SPOUSE.—An individual shall not be treated as 

14 married if such individual— 

15 ‘‘(i) is married (as determined under 

16 section 7703(a)) and does not file a joint re17 turn for the taxable year, 

18 ‘‘(ii) lives with a qualifying child of 

19 the individual for more than one-half of 

20 such taxable year, and 

21 ‘‘(iii)(I) during the last 6 months of 

22 such taxable year, does not have the same 

23 principal place of abode as the individual’s 

24 spouse, or 
733 

•HR 925 EAH 

1 ‘‘(II) has a decree, instrument, or 

2 agreement (other than a decree of divorce) 

3 described in section 121(d)(3)(C) with re4 spect to the individual’s spouse and is not 

5 a member of the same household with the 

6 individual’s spouse by the end of the taxable 

7 year.’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) Section 32(c)(1)(A) of such Code is amended 

10 by striking the last sentence. 

11 (2) Section 32(c)(1)(E)(ii) of such Code is 

12 amended by striking ‘‘(within the meaning of section 

13 7703)’’. 

14 (3) Section 32(d)(1) of such Code, as amended by 

15 subsection (a), is amended by striking ‘‘(within the 

16 meaning of section 7703)’’. 

17 (c) EFFECTIVE DATE.—The amendments made by this 

18 section shall apply to taxable years beginning after the date 

19 of the enactment of this Act. 

20 SEC. 114. ELIMINATION OF DISQUALIFIED INVESTMENT IN21 COME TEST. 

22 (a) IN GENERAL.—Section 32 of the Internal Revenue 

23 Code of 1986 is amended by striking subsection (i). 

24 (b) CONFORMING AMENDMENTS.— 
734 

•HR 925 EAH 

1 (1) Section 32(j)(1) of such Code is amended by 

2 striking ‘‘subsections (b)(2) and (i)(1)’’ and inserting 

3 ‘‘subsection (b)(2)’’. 

4 (2) Section 32(j)(1)(B)(i) of such Code is amend5 ed by striking ‘‘subsections (b)(2)(A) and (i)(1)’’ and 

6 inserting ‘‘subsection (b)(2)(A)’’. 

7 (3) Section 32(j)(2) of such Code is amended— 

8 (A) by striking subparagraph (B), and 

9 (B) by striking ‘‘ROUNDING.—’’ and all 

10 that follows through ‘‘If any dollar amount’’ and 

11 inserting the following: ‘‘ROUNDING.—If any dol12 lar amount’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply to taxable years beginning after the date 

15 of the enactment of this Act. 

16 SEC. 115. APPLICATION OF EARNED INCOME TAX CREDIT IN 

17 POSSESSIONS OF THE UNITED STATES. 

18 (a) IN GENERAL.—Chapter 77 of the Internal Revenue 

19 Code of 1986 is amended by adding at the end the following 

20 new section: 

21 ‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 

22 TO POSSESSIONS OF THE UNITED STATES. 

23 ‘‘(a) PUERTO RICO.— 

24 ‘‘(1) IN GENERAL.—With respect to calendar 

25 year 2021 and each calendar year thereafter, the Sec-
735 

•HR 925 EAH 

1 retary shall, except as otherwise provided in this sub2 section, make payments to Puerto Rico equal to— 

3 ‘‘(A) the specified matching amount for 

4 such calendar year, plus 

5 ‘‘(B) in the case of calendar years 2021 

6 through 2025, the lesser of— 

7 ‘‘(i) the expenditures made by Puerto 

8 Rico during such calendar year for edu9 cation efforts with respect to individual tax10 payers and tax return preparers relating to 

11 the earned income tax credit, or 

12 ‘‘(ii) $1,000,000. 

13 ‘‘(2) REQUIREMENT TO REFORM EARNED INCOME

14 TAX CREDIT.—The Secretary shall not make any pay15 ments under paragraph (1) with respect to any cal16 endar year unless Puerto Rico has in effect an earned 

17 income tax credit for taxable years beginning in or 

18 with such calendar year which (relative to the earned 

19 income tax credit which was in effect for taxable 

20 years beginning in or with calendar year 2019) in21 creases the percentage of earned income which is al22 lowed as a credit for each group of individuals with 

23 respect to which such percentage is separately stated 

24 or determined in a manner designed to substantially 

25 increase workforce participation. 
736 

•HR 925 EAH 

1 ‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur2 poses of this subsection— 

3 ‘‘(A) IN GENERAL.—The term ‘specified 

4 matching amount’ means, with respect to any 

5 calendar year, the lesser of— 

6 ‘‘(i) the excess (if any) of— 

7 ‘‘(I) the cost to Puerto Rico of the 

8 earned income tax credit for taxable 

9 years beginning in or with such cal10 endar year, over 

11 ‘‘(II) the base amount for such 

12 calendar year, or 

13 ‘‘(ii) the product of 3, multiplied by 

14 the base amount for such calendar year. 

15 ‘‘(B) BASE AMOUNT.— 

16 ‘‘(i) BASE AMOUNT FOR 2020.—In the 

17 case of calendar year 2020, the term ‘base 

18 amount’ means the greater of— 

19 ‘‘(I) the cost to Puerto Rico of the 

20 earned income tax credit for taxable 

21 years beginning in or with calendar 

22 year 2019 (rounded to the nearest mul23 tiple of $1,000,000), or 

24 ‘‘(II) $200,000,000. 
737 

•HR 925 EAH 

1 ‘‘(ii) INFLATION ADJUSTMENT.—In the 

2 case of any calendar year after 2021, the 

3 term ‘base amount’ means the dollar 

4 amount determined under clause (i) in5 creased by an amount equal to— 

6 ‘‘(I) such dollar amount, multi7 plied by— 

8 ‘‘(II) the cost-of-living adjustment 

9 determined under section 1(f)(3) for 

10 such calendar year, determined by sub11 stituting ‘calendar year 2020’ for ‘cal12 endar year 2016’ in subparagraph 

13 (A)(ii) thereof. 

14 Any amount determined under this clause 

15 shall be rounded to the nearest multiple of 

16 $1,000,000. 

17 ‘‘(4) RULES RELATED TO PAYMENTS AND RE18 PORTS.— 

19 ‘‘(A) TIMING OF PAYMENTS.—The Secretary 

20 shall make payments under paragraph (1) for 

21 any calendar year— 

22 ‘‘(i) after receipt of the report described 

23 in subparagraph (B) for such calendar 

24 year, and 
738 

•HR 925 EAH 

1 ‘‘(ii) except as provided in clause (i), 

2 within a reasonable period of time before 

3 the due date for individual income tax re4 turns (as determined under the laws of 

5 Puerto Rico) for taxable years which began 

6 on the first day of such calendar year. 

7 ‘‘(B) ANNUAL REPORTS.—With respect to 

8 calendar year 2021 and each calendar year 

9 thereafter, Puerto Rico shall provide to the Sec10 retary a report which shall include— 

11 ‘‘(i) an estimate of the costs described 

12 in paragraphs (1)(B)(i) and (3)(A)(i)(I) 

13 with respect to such calendar year, and 

14 ‘‘(ii) a statement of such costs with re15 spect to the preceding calendar year. 

16 ‘‘(C) ADJUSTMENTS.— 

17 ‘‘(i) IN GENERAL.—In the event that 

18 any estimate of an amount is more or less 

19 than the actual amount as later determined 

20 and any payment under paragraph (1) was 

21 determined on the basis of such estimate, 

22 proper payment shall be made by, or to, the 

23 Secretary (as the case may be) as soon as 

24 practicable after the determination that 

25 such estimate was inaccurate. Proper ad-
739 

•HR 925 EAH 

1 justment shall be made in the amount of 

2 any subsequent payments made under para3 graph (1) to the extent that proper payment 

4 is not made under the preceding sentence 

5 before such subsequent payments. 

6 ‘‘(ii) ADDITIONAL REPORTS.—The Sec7 retary may require such additional periodic 

8 reports of the information described in sub9 paragraph (B) as the Secretary determines 

10 appropriate to facilitate timely adjustments 

11 under clause (i). 

12 ‘‘(D) DETERMINATION OF COST OF EARNED

13 INCOME TAX CREDIT.—For purposes of this sub14 section, the cost to Puerto Rico of the earned in15 come tax credit shall be determined by the Sec16 retary on the basis of the laws of Puerto Rico 

17 and shall include reductions in revenues received 

18 by Puerto Rico by reason of such credit and re19 funds attributable to such credit, but shall not 

20 include any administrative costs with respect to 

21 such credit. 

22 ‘‘(E) PREVENTION OF MANIPULATION OF

23 BASE AMOUNT.—No payments shall be made 

24 under paragraph (1) if the earned income tax 

25 credit as in effect in Puerto Rico for taxable 
740 

•HR 925 EAH 

1 years beginning in or with calendar year 2019 

2 is modified after the date of the enactment of this 

3 subsection. 

4 ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS5 TEMS.— 

6 ‘‘(1) IN GENERAL.—With respect to calendar 

7 year 2020 and each calendar year thereafter, the Sec8 retary shall, except as otherwise provided in this sub9 section, make payments to the Virgin Islands, Guam, 

10 and the Commonwealth of the Northern Mariana Is11 lands equal to— 

12 ‘‘(A) 75 percent of the cost to such posses13 sion of the earned income tax credit for taxable 

14 years beginning in or with such calendar year, 

15 plus 

16 ‘‘(B) in the case of calendar years 2020 

17 through 2024, the lesser of— 

18 ‘‘(i) the expenditures made by such 

19 possession during such calendar year for 

20 education efforts with respect to individual 

21 taxpayers and tax return preparers relating 

22 to such earned income tax credit, or 

23 ‘‘(ii) $50,000. 

24 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 

25 similar to the rules of subparagraphs (A), (B), (C), 
741 

•HR 925 EAH 

1 and (D) of subsection (a)(4) shall apply for purposes 

2 of this subsection. 

3 ‘‘(c) AMERICAN SAMOA.— 

4 ‘‘(1) IN GENERAL.—With respect to calendar 

5 year 2020 and each calendar year thereafter, the Sec6 retary shall, except as otherwise provided in this sub7 section, make payments to American Samoa equal 

8 to— 

9 ‘‘(A) the lesser of— 

10 ‘‘(i) 75 percent of the cost to American 

11 Samoa of the earned income tax credit for 

12 taxable years beginning in or with such cal13 endar year, or 

14 ‘‘(ii) $12,000,000, plus 

15 ‘‘(B) in the case of calendar years 2020 

16 through 2024, the lesser of— 

17 ‘‘(i) the expenditures made by Amer18 ican Samoa during such calendar year for 

19 education efforts with respect to individual 

20 taxpayers and tax return preparers relating 

21 to such earned income tax credit, or 

22 ‘‘(ii) $50,000. 

23 ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN AN

24 EARNED INCOME TAX CREDIT.—The Secretary shall 

25 not make any payments under paragraph (1) with 
742 

•HR 925 EAH 

1 respect to any calendar year unless American Samoa 

2 has in effect an earned income tax credit for taxable 

3 years beginning in or with such calendar year which 

4 allows a refundable tax credit to individuals on the 

5 basis of the taxpayer’s earned income which is de6 signed to substantially increase workforce participa7 tion. 

8 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 

9 any calendar year after 2020, the $12,000,000 

10 amount in paragraph (1)(A)(ii) shall be increased by 

11 an amount equal to— 

12 ‘‘(A) such dollar amount, multiplied by— 

13 ‘‘(B) the cost-of-living adjustment deter14 mined under section 1(f)(3) for such calendar 

15 year, determined by substituting ‘calendar year 

16 2019’ for ‘calendar year 2016’ in subparagraph 

17 (A)(ii) thereof. 

18 Any increase determined under this clause shall be 

19 rounded to the nearest multiple of $100,000. 

20 ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules 

21 similar to the rules of subparagraphs (A), (B), (C), 

22 and (D) of subsection (a)(4) shall apply for purposes 

23 of this subsection. 

24 ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of sec25 tion 1324 of title 31, United States Code, the payments 
743 

•HR 925 EAH 

1 under this section shall be treated in the same manner as 

2 a refund due from a credit provision referred to in sub3 section (b)(2) of such section.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections for 

5 chapter 77 of the Internal Revenue Code of 1986 is amended 

6 by adding at the end the following new item: 

‘‘Sec. 7529. Application of earned income tax credit to possessions of the United 

States.’’. 

7 SEC. 116. TEMPORARY SPECIAL RULE FOR DETERMINING 

8 EARNED INCOME FOR PURPOSES OF EARNED 

9 INCOME TAX CREDIT. 

10 (a) IN GENERAL.—If the earned income of the tax11 payer for the taxpayer’s first taxable year beginning in 

12 2020 is less than the earned income of the taxpayer for the 

13 preceding taxable year, the credit allowed under section 32 

14 of the Internal Revenue Code of 1986 may, at the election 

15 of the taxpayer, be determined by substituting-— 

16 (1) such earned income for the preceding taxable 

17 year, for 

18 (2) such earned income for the taxpayer’s first 

19 taxable year beginning in 2020. 

20 (b) EARNED INCOME.— 

21 (1) IN GENERAL.—For purposes of this section, 

22 the term ‘‘earned income’’ has the meaning given such 

23 term under section 32(c) of the Internal Revenue Code 

24 of 1986. 
744 

•HR 925 EAH 

1 (2) APPLICATION TO JOINT RETURNS.—For pur2 poses of subsection (a), in the case of a joint return, 

3 the earned income of the taxpayer for the preceding 

4 taxable year shall be the sum of the earned income of 

5 each spouse for such preceding taxable year. 

6 (c) SPECIAL RULES.— 

7 (1) ERRORS TREATED AS MATHEMATICAL

8 ERROR.—For purposes of section 6213 of the Internal 

9 Revenue Code of 1986, an incorrect use on a return 

10 of earned income pursuant to subsection (a) shall be 

11 treated as a mathematical or clerical error. 

12 (2) NO EFFECT ON DETERMINATION OF GROSS

13 INCOME, ETC.—Except as otherwise provided in this 

14 subsection, the Internal Revenue Code of 1986 shall be 

15 applied without regard to any substitution under sub16 section (a). 

17 (d) TREATMENT OF CERTAIN POSSESSIONS.— 

18 (1) PAYMENTS TO POSSESSIONS WITH MIRROR

19 CODE TAX SYSTEMS.—The Secretary of the Treasury 

20 shall pay to each possession of the United States 

21 which has a mirror code tax system amounts equal to 

22 the loss (if any) to that possession by reason of the 

23 application of the provisions of this section (other 

24 than this subsection) with respect to section 32 of the 

25 Internal Revenue Code of 1986. Such amounts shall 
745 

•HR 925 EAH 

1 be determined by the Secretary of the Treasury based 

2 on information provided by the government of the re3 spective possession. 

4 (2) PAYMENTS TO OTHER POSSESSIONS.—The 

5 Secretary of the Treasury shall pay to each possession 

6 of the United States which does not have a mirror 

7 code tax system amounts estimated by the Secretary 

8 of the Treasury as being equal to the aggregate bene9 fits (if any) that would have been provided to resi10 dents of such possession by reason of the provisions of 

11 this section (other than this subsection) with respect 

12 to section 32 of the Internal Revenue Code of 1986 if 

13 a mirror code tax system had been in effect in such 

14 possession. The preceding sentence shall not apply un15 less the respective possession has a plan, which has 

16 been approved by the Secretary of the Treasury, 

17 under which such possession will promptly distribute 

18 such payments to its residents. 

19 (3) MIRROR CODE TAX SYSTEM.—For purposes 

20 of this section, the term ‘‘mirror code tax system’’ 

21 means, with respect to any possession of the United 

22 States, the income tax system of such possession if the 

23 income tax liability of the residents of such possession 

24 under such system is determined by reference to the 
746 

•HR 925 EAH 

1 income tax laws of the United States as if such pos2 session were the United States. 

3 (4) TREATMENT OF PAYMENTS.—For purposes of 

4 section 1324 of title 31, United States Code, the pay5 ments under this section shall be treated in the same 

6 manner as a refund due from a credit provision re7 ferred to in subsection (b)(2) of such section. 

8 Subtitle C—Child Tax Credit 

9 SEC. 121. CHILD TAX CREDIT IMPROVEMENTS FOR 2020. 

10 (a) IN GENERAL.—Section 24 of the Internal Revenue 

11 Code of 1986 is amended by adding at the end the following 

12 new subsection: 

13 ‘‘(i) SPECIAL RULE FOR REFUNDABLE CREDIT.—In 

14 the case of any taxable year beginning in 2020, subsection 

15 (h)(5) shall not apply and the increase determined under 

16 the first sentence of subsection (d)(1) shall be the amount 

17 determined under subsection (d)(1)(A) (determined without 

18 regard to subsection (h)(4)).’’. 

19 (b) ADVANCE PAYMENT OF CREDIT.— 

20 (1) IN GENERAL.—Chapter 77 of such Code is 

21 amended by inserting after section 7527 the following 

22 new section: 

23 ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. 

24 ‘‘(a) IN GENERAL.—As soon as practicable after the 

25 date of the enactment of this Act, the Secretary shall estab-
747 

•HR 925 EAH 

1 lish a program for making advance payments of the credit 

2 allowed under subsection (a) of section 24 on a monthly 

3 basis (determined without regard to subsection (i)(2)) of 

4 such section), or as frequently as the Secretary determines 

5 to be administratively feasible, to taxpayers determined to 

6 be eligible for advance payment of such credit. 

7 ‘‘(b) LIMITATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary may make 

9 payments under subsection (a) only to the extent that 

10 the total amount of such payments made to any tax11 payer during the taxable year does not exceed an 

12 amount equal to the excess, if any, of— 

13 ‘‘(A) subject to paragraph (2), the amount 

14 determined under subsection (a) of section 24 

15 with respect to such taxpayer (determined with16 out regard to subsection (i)(2)) of such section) 

17 for such taxable year, over 

18 ‘‘(B) the estimated tax imposed by subtitle 

19 A, as reduced by the credits allowable under sub20 parts A and C (other than section 24) of such 

21 part IV, with respect to such taxpayer for such 

22 taxable year, as determined in such manner as 

23 the Secretary deems appropriate. 

24 ‘‘(2) APPLICATION OF THRESHOLD AMOUNT LIMI25 TATION.—The program described in subsection (a) 
748 

•HR 925 EAH 

1 shall make reasonable efforts to apply the limitation 

2 of section 24(b) with respect to payments made under 

3 such program. 

4 ‘‘(c) APPLICATION.—The advance payments described 

5 in this section shall only be made with respect to credits 

6 allowed under section 24 for taxable years beginning during 

7 2020.’’. 

8 (2) RECONCILIATION OF CREDIT AND ADVANCE

9 CREDIT.—Section 24(i) of such Code, as amended by 

10 subsection (a), is amended— 

11 (A) by striking ‘‘in the case of any taxable 

12 year’’, and inserting the following: 

13 ‘‘(1) IN GENERAL.—‘In the case of any taxable 

14 year’ ’’, and 

15 (B) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) RECONCILIATION OF CREDIT AND ADVANCE

18 CREDIT.— 

19 ‘‘(A) IN GENERAL.—The amount of the 

20 credit allowed under this section for any taxable 

21 year shall be reduced (but not below zero) by the 

22 aggregate amount of any advance payments of 

23 such credit under section 7527A for such taxable 

24 year. 
749 

•HR 925 EAH 

1 ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the 

2 aggregate amount of advance payments under 

3 section 7527A for the taxable year exceeds the 

4 amount of the credit allowed under this section 

5 for such taxable year (determined without regard 

6 to subparagraph (A)), the tax imposed by this 

7 chapter for such taxable year shall be increased 

8 by the amount of such excess.’’. 

9 (3) CLERICAL AMENDMENT.—The table of sec10 tions for chapter 77 of such Code is amended by in11 serting after the item relating to section 7527 the fol12 lowing new item: 

‘‘Sec. 7527A. Advance payment of child tax credit.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply to taxable years beginning after Decem15 ber 31, 2019. 

16 SEC. 122. APPLICATION OF CHILD TAX CREDIT IN POSSES17 SIONS. 

18 (a) IN GENERAL.—Section 24 of the Internal Revenue 

19 Code of 1986, as amended by the preceding provisions of 

20 this Act, is amended by adding at the end the following 

21 new subsection: 

22 ‘‘(j) APPLICATION OF CREDIT IN POSSESSIONS.— 

23 ‘‘(1) MIRROR CODE POSSESSIONS.— 

24 ‘‘(A) IN GENERAL.—The Secretary shall pay 

25 to each possession of the United States with a 
750 

•HR 925 EAH 

1 mirror code tax system amounts equal to the loss 

2 to that possession by reason of the application of 

3 this section (determined without regard to this 

4 subsection) with respect to taxable years begin5 ning after 2019. Such amounts shall be deter6 mined by the Secretary based on information 

7 provided by the government of the respective pos8 session. 

9 ‘‘(B) COORDINATION WITH CREDIT AL10 LOWED AGAINST UNITED STATES INCOME

11 TAXES.—No credit shall be allowed under this 

12 section for any taxable year to any individual to 

13 whom a credit is allowable against taxes im14 posed by a possession with a mirror code tax 

15 system by reason of the application of this sec16 tion in such possession for such taxable year. 

17 ‘‘(C) MIRROR CODE TAX SYSTEM.—For pur18 poses of this paragraph, the term ‘mirror code 

19 tax system’ means, with respect to any posses20 sion of the United States, the income tax system 

21 of such possession if the income tax liability of 

22 the residents of such possession under such sys23 tem is determined by reference to the income tax 

24 laws of the United States as if such possession 

25 were the United States. 
751 

•HR 925 EAH 

1 ‘‘(2) PUERTO RICO.—In the case of any bona 

2 fide resident of Puerto Rico (within the meaning of 

3 section 937(a))— 

4 ‘‘(A) the credit determined under this sec5 tion shall be allowable to such resident, 

6 ‘‘(B) in the case of any taxable year begin7 ning during 2020, the increase determined under 

8 the first sentence of subsection (d)(1) shall be the 

9 amount determined under subsection (d)(1)(A) 

10 (determined without regard to subsection (h)(4)), 

11 ‘‘(C) in the case of any taxable year begin12 ning after December 31, 2020, and before Janu13 ary 1, 2026, the increase determined under the 

14 first sentence of subsection (d)(1) shall be the 

15 lesser of— 

16 ‘‘(i) the amount determined under sub17 section (d)(1)(A) (determined without re18 gard to subsection (h)(4)), or 

19 ‘‘(ii) the dollar amount in effect under 

20 subsection (h)(5), and 

21 ‘‘(D) in the case of any taxable year after 

22 December 31, 2025, the increase determined 

23 under the first sentence of subsection (d)(1) shall 

24 be the amount determined under subsection 

25 (d)(1)(A). 
752 

•HR 925 EAH 

1 ‘‘(3) AMERICAN SAMOA.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall pay 

3 to American Samoa amounts estimated by the 

4 Secretary as being equal to the aggregate benefits 

5 that would have been provided to residents of 

6 American Samoa by reason of the application of 

7 this section for taxable years beginning after 

8 2019 if the provisions of this section had been in 

9 effect in American Samoa. 

10 ‘‘(B) DISTRIBUTION REQUIREMENT.—Sub11 paragraph (A) shall not apply unless American 

12 Samoa has a plan, which has been approved by 

13 the Secretary, under which American Samoa 

14 will promptly distribute such payments to the 

15 residents of American Samoa in a manner which 

16 replicates to the greatest degree practicable the 

17 benefits that would have been so provided to each 

18 such resident. 

19 ‘‘(C) COORDINATION WITH CREDIT AL20 LOWED AGAINST UNITED STATES INCOME

21 TAXES.— 

22 ‘‘(i) IN GENERAL.—In the case of a 

23 taxable year with respect to which a plan is 

24 approved under subparagraph (B), this sec25 tion (other than this subsection) shall not 
753 

•HR 925 EAH 

1 apply to any individual eligible for a dis2 tribution under such plan. 

3 ‘‘(ii) APPLICATION OF SECTION IN

4 EVENT OF ABSENCE OF APPROVED PLAN.— 

5 In the case of a taxable year with respect to 

6 which a plan is not approved under sub7 paragraph (B), rules similar to the rules of 

8 paragraph (2) shall apply with respect to 

9 bona fide residents of American Samoa 

10 (within the meaning of section 937(a)). 

11 ‘‘(4) TREATMENT OF PAYMENTS.—The payments 

12 made under this subsection shall be treated in the 

13 same manner for purposes of section 1324(b)(2) of 

14 title 31, United States Code, as refunds due from the 

15 credit allowed under this section.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by this 

17 section shall apply to taxable years beginning after Decem18 ber 31, 2019. 

19 Subtitle D—Dependent Care 

20 Assistance 

21 SEC. 131. REFUNDABILITY AND ENHANCEMENT OF CHILD 

22 AND DEPENDENT CARE TAX CREDIT. 

23 (a) IN GENERAL.—Section 21 of the Internal Revenue 

24 Code of 1986 is amended by adding at the end the following 

25 new subsection: 
754 

•HR 925 EAH 

1 ‘‘(g) SPECIAL RULES FOR 2020.—In the case of any 

2 taxable year beginning after December 31, 2019, and before 

3 January 1, 2021— 

4 ‘‘(1) CREDIT MADE REFUNDABLE.—In the case of 

5 an individual other than a nonresident alien, the 

6 credit allowed under subsection (a) shall be treated as 

7 a credit allowed under subpart C (and not allowed 

8 under this subpart). 

9 ‘‘(2) INCREASE IN APPLICABLE PERCENTAGE.— 

10 Subsection (a)(2) shall be applied— 

11 ‘‘(A) by substituting ‘50 percent’ for ‘35 

12 percent ’, and 

13 ‘‘(B) by substituting ‘$120,000’ for 

14 ‘$15,000’. 

15 ‘‘(3) INCREASE IN DOLLAR LIMIT ON AMOUNT

16 CREDITABLE.—Subsection (c) shall be applied— 

17 ‘‘(A) by substituting ‘$6,000’ for ‘$3,000’ in 

18 paragraph (1) thereof, and 

19 ‘‘(B) by substituting ‘twice the amount in 

20 effect under paragraph (1)’ for ‘$6,000’ in para21 graph (2) thereof.’’. 

22 (b) CONFORMING AMENDMENT.—Section 1324(b)(2) of 

23 title 31, United States Code, is amended by inserting ‘‘21 

24 (by reason of subsection (g) thereof),’’ before ‘‘25A’’. 
755 

•HR 925 EAH 

1 (c) COORDINATION WITH POSSESSION TAX SYS2 TEMS.—Section 21(g)(1) of the Internal Revenue Code of 

3 1986 (as added by this section) shall not apply to any per4 son— 

5 (1) to whom a credit is allowed against taxes 

6 imposed by a possession with a mirror code tax sys7 tem by reason of the application of section 21 of such 

8 Code in such possession for such taxable year, or 

9 (2) to whom a credit would be allowed against 

10 taxes imposed by a possession which does not have a 

11 mirror code tax system if the provisions of section 21 

12 of such Code had been in effect in such possession for 

13 such taxable year. 

14 (d) EFFECTIVE DATE.—The amendments made by this 

15 section shall apply to taxable years beginning after Decem16 ber 31, 2019. 

17 SEC. 132. INCREASE IN EXCLUSION FOR EMPLOYER-PRO18 VIDED DEPENDENT CARE ASSISTANCE. 

19 (a) IN GENERAL.—Section 129(a)(2) of the Internal 

20 Revenue Code of 1986 is amended by adding at the end 

21 the following new subparagraph: 

22 ‘‘(D) SPECIAL RULE FOR 2020.—In the case 

23 of any taxable year beginning during 2020, sub24 paragraph (A) shall be applied be substituting 
756 

•HR 925 EAH 

1 ‘$10,500 (half such dollar amount’ for ‘$5,000 

2 ($2,500’.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by this 

4 section shall apply to taxable years beginning after Decem5 ber 31, 2019. 

6 (c) RETROACTIVE PLAN AMENDMENTS.—A plan or 

7 other arrangement that otherwise satisfies all applicable re8 quirements of sections 106, 125, and 129 of the Internal 

9 Revenue Code of 1986 (including any rules or regulations 

10 thereunder) shall not fail to be treated as a cafeteria plan 

11 or dependent care flexible spending arrangement merely be12 cause such plan or arrangement is amended pursuant to 

13 a provision under this section and such amendment is ret14 roactive, if— 

15 (1) such amendment is adopted no later than the 

16 last day of the plan year in which the amendment is 

17 effective, and 

18 (2) the plan or arrangement is operated con19 sistent with the terms of such amendment during the 

20 period beginning on the effective date of the amend21 ment and ending on the date the amendment is 

22 adopted. 
757 

•HR 925 EAH 

1 Subtitle E—Credits for Paid Sick 

2 and Family Leave 

3 SEC. 141. EXTENSION OF CREDITS. 

4 (a) IN GENERAL.—Sections 7001(g), 7002(e), 7003(g), 

5 and 7004(e) of the Families First Coronavirus Response Act 

6 are each amended by striking ‘‘December 31, 2020’’ and in7 serting ‘‘February 28, 2021’’. 

8 (b) EFFECTIVE DATE.—The amendments made by this 

9 section shall take effect as if included in the provisions of 

10 the Families First Coronavirus Response Act to which they 

11 relate. 

12 SEC. 142. REPEAL OF REDUCED RATE OF CREDIT FOR CER13 TAIN LEAVE. 

14 (a) PAYROLL CREDIT.—Section 7001(b) of the Fami15 lies First Coronavirus Response Act is amended by insert16 ing ‘‘(as in effect immediately before the date of the enact17 ment of the COVID–19 Tax Relief Act of 2020) or any day 

18 on or after the date of the enactment of the COVID–19 Tax 

19 Relief Act of 2020’’ after ‘‘in the case of any day any por20 tion of which is paid sick time described in paragraph (1), 

21 (2), or (3) of section 5102(a) of the Emergency Paid Sick 

22 Leave Act’’. 

23 (b) SELF-EMPLOYED CREDIT.— 

24 (1) IN GENERAL.—Clauses (i) and (ii) of section 

25 7002(c)(1)(B) of the Families First Coronavirus Re-
758 

•HR 925 EAH 

1 sponse Act are each amended by inserting ‘‘(as in ef2 fect immediately before the date of the enactment of 

3 the COVID–19 Tax Relief Act of 2020) or any day 

4 on or after the date of the enactment of the COVID– 

5 19 Tax Relief Act of 2020’’ after ‘‘in the case of any 

6 day any portion of which is paid sick time described 

7 in paragraph (1), (2), or (3) of section 5102(a) of the 

8 Emergency Paid Sick Leave Act’’. 

9 (2) CONFORMING AMENDMENT.—Section 

10 7002(d)(3) of the Families First Coronavirus Re11 sponse Act is amended by inserting ‘‘(as in effect im12 mediately before the date of the enactment of the 

13 COVID–19 Tax Relief Act of 2020) or any day on or 

14 after the date of the enactment of the COVID–19 Tax 

15 Relief Act of 2020’’ after ‘‘in the case of any day any 

16 portion of which is paid sick time described in para17 graph (1), (2), or (3) of section 5102(a) of the Emer18 gency Paid Sick Leave Act’’. 

19 (c) EFFECTIVE DATE.—The amendments made by this 

20 section shall apply to days on or after the date of the enact21 ment of this Act. 

22 SEC. 143. INCREASE IN LIMITATIONS ON CREDITS FOR PAID 

23 FAMILY LEAVE. 

24 (a) INCREASE IN OVERALL LIMITATION ON QUALIFIED

25 FAMILY LEAVE WAGES.— 
759 

•HR 925 EAH 

1 (1) IN GENERAL.—Section 7003(b)(1)(B) of the 

2 Families First Coronavirus Response Act is amended 

3 by striking ‘‘$10,000’’ and inserting ‘‘$12,000’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 7004(d)(3) of the Families First Coronavirus Re6 sponse Act is amended by striking ‘‘$10,000’’ and in7 serting ‘‘$12,000’’. 

8 (b) INCREASE IN QUALIFIED FAMILY LEAVE EQUIVA9 LENT AMOUNT FOR SELF-EMPLOYED INDIVIDUALS.—Sec10 tion 7004(c)(1)(A) of the Families First Coronavirus Re11 sponse Act is amended by striking ‘‘50’’ and inserting ‘‘60’’. 

12 (c) EFFECTIVE DATE.—The amendments made by this 

13 section shall take effect as if included in the provisions of 

14 the Families First Coronavirus Response Act to which they 

15 relate. 

16 SEC. 144. ELECTION TO USE PRIOR YEAR NET EARNINGS 

17 FROM SELF-EMPLOYMENT IN DETERMINING 

18 AVERAGE DAILY SELF-EMPLOYMENT INCOME. 

19 (a) CREDIT FOR SICK LEAVE.—Section 7002(c) of the 

20 Families First Coronavirus Response Act is amended by 

21 adding at the end the following new paragraph: 

22 ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN23 INGS FROM SELF-EMPLOYMENT INCOME.—In the case 

24 of an individual who elects (at such time and in such 

25 manner as the Secretary, or the Secretary’s delegate, 
760 

•HR 925 EAH 

1 may provide) the application of this paragraph, 

2 paragraph (2)(A) shall be applied by substituting ‘the 

3 prior taxable year’ for ‘the taxable year’.’’. 

4 (b) CREDIT FOR FAMILY LEAVE.—Section 7004(c) of 

5 the Families First Coronavirus Response Act is amended 

6 by adding at the end the following new paragraph: 

7 ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN8 INGS FROM SELF-EMPLOYMENT INCOME.—In the case 

9 of an individual who elects (at such time and in such 

10 manner as the Secretary, or the Secretary’s delegate, 

11 may provide) the application of this paragraph, 

12 paragraph (2)(A) shall be applied by substituting ‘the 

13 prior taxable year’ for ‘the taxable year’.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by this 

15 section shall take effect as if included in the provisions of 

16 the Families First Coronavirus Response Act to which they 

17 relate. 

18 SEC. 145. FEDERAL, STATE, AND LOCAL GOVERNMENTS AL19 LOWED TAX CREDITS FOR PAID SICK AND 

20 PAID FAMILY AND MEDICAL LEAVE. 

21 (a) IN GENERAL.—Sections 7001(e) and 7003(e) of the 

22 Families First Coronavirus Response Act are each amended 

23 by striking paragraph (4). 

24 (b) COORDINATION WITH APPLICATION OF CERTAIN

25 DEFINITIONS.— 
761 

•HR 925 EAH 

1 (1) IN GENERAL.—Sections 7001(c) and 7003(c) 

2 of the Families First Coronavirus Response Act are 

3 each amended— 

4 (A) by inserting ‘‘, determined without re5 gard to paragraphs (1) through (22) of section 

6 3121(b) of such Code’’ after ‘‘as defined in sec7 tion 3121(a) of the Internal Revenue Code of 

8 1986’’, and 

9 (B) by inserting ‘‘, determined without re10 gard to the sentence in paragraph (1) thereof 

11 which begins ‘Such term does include remunera12 tion’ ’’ after ‘‘as defined in section 3231(e) of the 

13 Internal Revenue Code’’. 

14 (2) CONFORMING AMENDMENTS.—Sections 

15 7001(e)(3) and 7003(e)(3) of the Families First 

16 Coronavirus Response Act are each amended by strik17 ing ‘‘Any term’’ and inserting ‘‘Except as otherwise 

18 provided in this section, any term’’. 

19 (c) EFFECTIVE DATE.—The amendments made by this 

20 section shall take effect as if included in the provisions of 

21 the Families First Coronavirus Response Act to which they 

22 relate. 

23 SEC. 146. CERTAIN TECHNICAL IMPROVEMENTS. 

24 (a) COORDINATION WITH EXCLUSION FROM EMPLOY25 MENT TAXES.—Sections 7001(c) and 7003(c) of the Fami-
762 

•HR 925 EAH 

1 lies First Coronavirus Response Act, as amended by the pre2 ceding provisions of this Act, are each amended— 

3 (1) by inserting ‘‘and section 7005(a) of this 

4 Act,’’ after ‘‘determined without regard to paragraphs 

5 (1) through (22) of section 3121(b) of such Code’’, and 

6 (2) by inserting ‘‘and without regard to section 

7 7005(a) of this Act’’ after ‘‘which begins ‘Such term 

8 does not include remuneration’ ’’. 

9 (b) CLARIFICATION OF APPLICABLE RAILROAD RE10 TIREMENT TAX FOR PAID LEAVE CREDITS.—Sections 

11 7001(e) and 7003(e) of the Families First Coronavirus Re12 sponse Act, as amended by the preceding provisions of this 

13 Act, are each amended by adding at the end the following 

14 new paragraph: 

15 ‘‘(4) REFERENCES TO RAILROAD RETIREMENT

16 TAX.—Any reference in this section to the tax imposed 

17 by section 3221(a) of the Internal Revenue Code of 

18 1986 shall be treated as a reference to so much of such 

19 tax as is attributable to the rate in effect under sec20 tion 3111(a) of such Code.’’. 

21 (c) CLARIFICATION OF TREATMENT OF PAID LEAVE

22 FOR APPLICABLE RAILROAD RETIREMENT TAX.—Section 

23 7005(a) of the Families First Coronavirus Response Act is 

24 amended by adding the following sentence at the end of such 

25 subsection: ‘‘Any reference in this subsection to the tax im-
763 

•HR 925 EAH 

1 posed by section 3221(a) of such Code shall be treated as 

2 a reference to so much of the tax as is attributable to the 

3 rate in effect under section 3111(a) of such Code.’’ 

4 (d) CLARIFICATION OF APPLICABLE RAILROAD RE5 TIREMENT TAX FOR HOSPITAL INSURANCE TAX CREDIT.— 

6 Section 7005(b)(1) of the Families First Coronavirus Re7 sponse Act is amended to read as follows: 

8 ‘‘(1) IN GENERAL.—The credit allowed by section 

9 7001 and the credit allowed by section 7003 shall 

10 each be increased by the amount of the tax imposed 

11 by section 3111(b) of the Internal Revenue Code of 

12 1986 and so much of the taxes imposed under section 

13 3221(a) of such Code as are attributable to the rate 

14 in effect under section 3111(b) of such Code on quali15 fied sick leave wages, or qualified family leave wages, 

16 for which credit is allowed under such section 7001 

17 or 7003 (respectively).’’. 

18 (e) EFFECTIVE DATE.—The amendments made by this 

19 section shall take effect as if included in the provisions of 

20 the Families First Coronavirus Response Act to which they 

21 relate. 

22 SEC. 147. CREDITS NOT ALLOWED TO CERTAIN LARGE EM23 PLOYERS. 

24 (a) CREDIT FOR REQUIRED PAID SICK LEAVE.— 
764 

•HR 925 EAH 

1 (1) IN GENERAL.—Section 7001(a) of the Fami2 lies First Coronavirus Response Act is amended by 

3 striking ‘‘In the case of an employer’’ and inserting 

4 ‘‘In the case of an eligible employer’’. 

5 (2) ELIGIBLE EMPLOYER.—Section 7001(c) of 

6 the Families First Coronavirus Response Act, as 

7 amended by the preceding provisions of this Act, is 

8 amended by striking ‘‘For purposes of this section, the 

9 term’’ and all that precedes it and inserting the fol10 lowing: 

11 ‘‘(c) DEFINITIONS.—For purposes of this section— 

12 ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible 

13 employer’ means any employer other than an appli14 cable large employer (as defined in section 

15 4980H(c)(2), determined by substituting ‘500’ for ‘50’ 

16 each place it appears in subparagraphs (A) and (B) 

17 thereof and without regard to subparagraphs (D) and 

18 (F) thereof). For purposes of the preceding sentence, 

19 the Government of the United States, the government 

20 of any State or political subdivision thereof, or any 

21 agency or instrumentality of any of the foregoing 

22 shall not be treated as an applicable large employer. 

23 ‘‘(2) QUALIFIED SICK LEAVE WAGES.—The 

24 term’’. 

25 (b) CREDIT FOR REQUIRED PAID FAMILY LEAVE.— 
765 

•HR 925 EAH 

1 (1) IN GENERAL.—Section 7003(a) of the Fami2 lies First Coronavirus Response Act is amended by 

3 striking ‘‘In the case of an employer’’ and inserting 

4 ‘‘In the case of an eligible employer’’. 

5 (2) ELIGIBLE EMPLOYER.—Section 7003(c) of 

6 the Families First Coronavirus Response Act, as 

7 amended by the preceding provisions of this Act, is 

8 amended by striking ‘‘For purposes of this section, the 

9 term’’ and all that precedes it and inserting the fol10 lowing: 

11 ‘‘(c) DEFINITIONS.—For purposes of this section— 

12 ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible 

13 employer’ means any employer other than an appli14 cable large employer (as defined in section 

15 4980H(c)(2), determined by substituting ‘500’ for ‘50’ 

16 each place it appears in subparagraphs (A) and (B) 

17 thereof and without regard to subparagraphs (D) and 

18 (F) thereof). For purposes of the preceding sentence, 

19 the Government of the United States, the government 

20 of any State or political subdivision thereof, or any 

21 agency or instrumentality of any of the foregoing, 

22 shall not be treated as an applicable large employer. 

23 ‘‘(2) QUALIFIED FAMILY LEAVE WAGES.—The 

24 term’’. 
766 

•HR 925 EAH 

1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to wages paid after the date of the enact3 ment of this Act. 

4 Subtitle F—Deduction of State and 

5 Local Taxes 

6 SEC. 151. ELIMINATION FOR 2020 LIMITATION ON DEDUC7 TION OF STATE AND LOCAL TAXES. 

8 (a) IN GENERAL.—Section 164(b)(6)(B) of the Inter9 nal Revenue Code of 1986 is amended by inserting ‘‘in the 

10 case of a taxable year beginning before January 1, 2020, 

11 or after December 31, 2020,’’ before ‘‘the aggregate amount 

12 of taxes’’. 

13 (b) CONFORMING AMENDMENTS.—Section 164(b)(6) of 

14 the Internal Revenue Code of 1986 is amended— 

15 (1) by striking ‘‘For purposes of subparagraph 

16 (B)’’ and inserting ‘‘For purposes of this section’’, 

17 (2) by striking ‘‘January 1, 2018’’ and inserting 

18 ‘‘January 1, 2021’’, 

19 (3) by striking ‘‘December 31, 2017, shall’’ and 

20 inserting ‘‘December 31, 2020, shall’’, and 

21 (4) by adding at the end the following: ‘‘For pur22 poses of this section, in the case of State or local taxes 

23 with respect to any real or personal property paid 

24 during a taxable year beginning in 2020, the Sec25 retary shall prescribe rules which treat all or a por-
767 

•HR 925 EAH 

1 tion of such taxes as paid in a taxable year or years 

2 other than the taxable year in which actually paid as 

3 necessary or appropriate to prevent the avoidance of 

4 the limitations of this subsection.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by this 

6 section shall apply to taxes paid or accrued in taxable years 

7 beginning after December 31, 2019. 

8 TITLE II—PROVISIONS TO PRE9 VENT BUSINESS INTERRUP10 TION 

11 SEC. 201. IMPROVEMENTS TO EMPLOYEE RETENTION AND 

12 REHIRING CREDIT. 

13 (a) EMPLOYEE RETENTION CREDIT RENAMED.—Sec14 tion 2301 of the CARES Act is amended in the heading 

15 by striking ‘‘EMPLOYEE RETENTION CREDIT’’ and in16 serting ‘‘EMPLOYEE RETENTION AND REHIRING

17 CREDIT’’. 

18 (b) INCREASE IN CREDIT PERCENTAGE.—Section 

19 2301(a) of the CARES Act is amended by striking ‘‘50 per20 cent’’ and inserting ‘‘80 percent’’. 

21 (c) INCREASE IN PER EMPLOYEE LIMITATION.—Sec22 tion 2301(b)(1) of the CARES Act is amended by striking 

23 ‘‘for all calendar quarters shall not exceed $10,000.’’ and 

24 inserting ‘‘shall not exceed— 

25 ‘‘(A) $15,000 in any calendar quarter, and 
768 

•HR 925 EAH 

1 ‘‘(B) $45,000 in the aggregate for all cal2 endar quarters.’’. 

3 (d) MODIFICATION OF THRESHOLD FOR TREATMENT

4 AS A LARGE EMPLOYER.— 

5 (1) IN GENERAL.—Section 2301(c)(3)(A) of the 

6 CARES Act is amended— 

7 (A) by striking ‘‘for which the average num8 ber of full-time employees (within the meaning of 

9 section 4980H of the Internal Revenue Code of 

10 1986) employed by such eligible employer during 

11 2019 was greater than 100’’ in clause (i) and in12 serting ‘‘which is a large employer’’, and 

13 (B) by striking ‘‘for which the average num14 ber of full-time employees (within the meaning of 

15 section 4980H of the Internal Revenue Code of 

16 1986) employed by such eligible employer during 

17 2019 was not greater than 100’’ in clause (ii) 

18 and inserting ‘‘which is not a large employer’’. 

19 (2) LARGE EMPLOYER DEFINED.—Section 

20 2301(c) of the CARES Act is amended by redesig21 nating paragraph (6) as paragraph (7) and by in22 serting after paragraph (5) the following new para23 graph: 

24 ‘‘(6) LARGE EMPLOYER.—The term ‘large em25 ployer’ means any eligible employer if— 
769 

•HR 925 EAH 

1 ‘‘(A) the average number of full-time em2 ployees (as determined for purposes of deter3 mining whether an employer is an applicable 

4 large employer for purposes of section 

5 4980H(c)(2) of the Internal Revenue Code of 

6 1986) employed by such eligible employer during 

7 calendar year 2019 was greater than 1,500, and 

8 ‘‘(B) the gross receipts (within the meaning 

9 of section 448(c) of the Internal Revenue Code of 

10 1986) of such eligible employer during calendar 

11 year 2019 was greater than $41,500,000.’’. 

12 (e) PHASE-IN OF ELIGIBILITY BASED ON REDUCTION

13 IN GROSS RECEIPTS.— 

14 (1) DECREASE OF REDUCTION IN GROSS RE15 CEIPTS NECESSARY TO QUALIFY FOR CREDIT.—Sec16 tion 2301(c)(2)(B) of the CARES Act is amended— 

17 (A) by striking ‘‘50 percent’’ in clause (i) 

18 and inserting ‘‘90 percent’’, and 

19 (B) by striking ‘‘80 percent’’ in clause (ii) 

20 and inserting ‘‘90 percent’’. 

21 (2) PHASE-IN OF CREDIT IF REDUCTION IN

22 GROSS RECEIPTS IS LESS THAN 50 PERCENT.—Section 

23 2301(c)(2) of the CARES Act is amended by adding 

24 at the end the following new subparagraph: 
770 

•HR 925 EAH 

1 ‘‘(D) PHASE-IN OF CREDIT WHERE BUSI2 NESS NOT SUSPENDED AND REDUCTION IN GROSS

3 RECEIPTS LESS THAN 50 PERCENT.— 

4 ‘‘(i) IN GENERAL.—In the case of any 

5 calendar quarter with respect to which an 

6 eligible employer would not be an eligible 

7 employer if subparagraph (B)(i) were ap8 plied by substituting ‘50 percent’ for ‘90 

9 percent’, the amount of the credit allowed 

10 under subsection (a) shall be reduced by the 

11 amount which bears the same ratio to the 

12 amount of such credit (determined without 

13 regard to this subparagraph) as— 

14 ‘‘(I) the excess gross receipts per15 centage point amount, bears to 

16 ‘‘(II) 40 percentage points. 

17 ‘‘(ii) EXCESS GROSS RECEIPTS PER18 CENTAGE POINT AMOUNT.—For purposes of 

19 this subparagraph, the term ‘excess gross re20 ceipts percentage point amount’ means, 

21 with respect to any calendar quarter, the 

22 excess of— 

23 ‘‘(I) the lowest of the gross receipts 

24 percentage point amounts determined 

25 with respect to any calendar quarter 
771 

•HR 925 EAH 

1 during the period ending with such 

2 calendar quarter and beginning with 

3 the first calendar quarter during the 

4 period described in subparagraph (B), 

5 over 

6 ‘‘(II) 50 percentage points. 

7 ‘‘(iii) GROSS RECEIPTS PERCENTAGE

8 POINT AMOUNTS.—For purposes of this sub9 paragraph, the term ‘gross receipts percent10 age point amount’ means, with respect to 

11 any calendar quarter, the percentage (ex12 pressed as a number of percentage points) 

13 obtained by dividing— 

14 ‘‘(I) the gross receipts (within the 

15 meaning of subparagraph (B)) for such 

16 calendar quarter, by 

17 ‘‘(II) the gross receipts for the 

18 same calendar quarter in calendar 

19 year 2019.’’. 

20 (3) GROSS RECEIPTS OF TAX-EXEMPT ORGANIZA21 TIONS.—Section 2301(c)(2)(C) of the CARES Act is 

22 amended— 

23 (A) by striking ‘‘of such Code, clauses (i) 

24 and (ii)(I)’’ and inserting ‘‘of such Code— 

25 ‘‘(i) clauses (i) and (ii)(I)’’, 
772 

•HR 925 EAH 

1 (B) by striking the period at the end and 

2 inserting ‘‘, and’’, and 

3 (C) by adding at the end the following new 

4 clause: 

5 ‘‘(ii) any reference in this section to 

6 gross receipts shall be treated as a reference 

7 to gross receipts within the meaning of sec8 tion 6033 of such Code.’’. 

9 (f) MODIFICATION OF TREATMENT OF HEALTH PLAN

10 EXPENSES.— 

11 (1) IN GENERAL.—Section 2301(c)(5) of the 

12 CARES Act is amended to read as follows: 

13 ‘‘(5) WAGES.— 

14 ‘‘(A) IN GENERAL.—The term ‘wages’ means 

15 wages (as defined in section 3121(a) of the Inter16 nal Revenue Code of 1986) and compensation (as 

17 defined in section 3231(e) of such Code). 

18 ‘‘(B) ALLOWANCE FOR CERTAIN HEALTH

19 PLAN EXPENSES.— 

20 ‘‘(i) IN GENERAL.—Such term shall in21 clude amounts paid or incurred by the eligi22 ble employer to provide and maintain a 

23 group health plan (as defined in section 

24 5000(b)(1) of the Internal Revenue Code of 

25 1986), but only to the extent that such 
773 

•HR 925 EAH 

1 amounts are excluded from the gross income 

2 of employees by reason of section 106(a) of 

3 such Code. 

4 ‘‘(ii) ALLOCATION RULES.—For pur5 poses of this section, amounts treated as 

6 wages under clause (i) shall be treated as 

7 paid with respect to any employee (and 

8 with respect to any period) to the extent 

9 that such amounts are properly allocable to 

10 such employee (and to such period) in such 

11 manner as the Secretary may prescribe. Ex12 cept as otherwise provided by the Secretary, 

13 such allocation shall be treated as properly 

14 made if made on the basis of being pro rata 

15 among periods of coverage.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 2301(c)(3) of the CARES Act is amended by striking 

18 subparagraph (C). 

19 (g) QUALIFIED WAGES PERMITTED TO INCLUDE

20 AMOUNTS FOR TIP REPLACEMENT.—Section 2301(c)(3)(B) 

21 of the CARES Act is amended by inserting ‘‘(including tips 

22 which would have been deemed to be paid by the employer 

23 under section 3121(q))’’ after ‘‘would have been paid’’. 

24 (h) CERTAIN GOVERNMENTAL EMPLOYERS ELIGIBLE

25 FOR CREDIT.— 
774 

•HR 925 EAH 

1 (1) IN GENERAL.—Section 2301(f) of the CARES 

2 Act is amended to read as follows: 

3 ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.— 

4 ‘‘(1) IN GENERAL.—The credit under this section 

5 shall not be allowed to the Federal Government or 

6 any agency or instrumentality thereof. 

7 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

8 apply to any organization described in section 

9 501(c)(1) of the Internal Revenue Code of 1986 and 

10 exempt from tax under section 501(a) of such Code. 

11 ‘‘(3) SPECIAL RULES.—In the case of any State 

12 government, Indian tribal government, or any agen13 cy, instrumentality, or political subdivision of the 

14 foregoing— 

15 ‘‘(A) clauses (i) and (ii)(I) of subsection 

16 (c)(2)(A) shall apply to all operations of such en17 tity, and 

18 ‘‘(B) subclause (II) of subsection 

19 (c)(2)(A)(ii) shall not apply.’’. 

20 (2) COORDINATION WITH APPLICATION OF CER21 TAIN DEFINITIONS.— 

22 (A) IN GENERAL.—Section 2301(c)(5)(A) of 

23 the CARES Act, as amended by the preceding 

24 provisions of this Act, is amended by adding at 

25 the end the following: ‘‘For purposes of the pre-
775 

•HR 925 EAH 

1 ceding sentence (other than for purposes of sub2 section (b)(2)), wages as defined in section 

3 3121(a) of the Internal Revenue Code of 1986 

4 shall be determined without regard to para5 graphs (1), (5), (6), (7), (8), (10), (13), (18), 

6 (19), and (22) of section 3212(b) of such Code 

7 (except with respect to services performed in a 

8 penal institution by an inmate thereof).’’. 

9 (B) CONFORMING AMENDMENTS.—Sections 

10 2301(c)(6) of the CARES Act is amended by 

11 striking ‘‘Any term’’ and inserting ‘‘Except as 

12 otherwise provided in this section, any term’’. 

13 (i) COORDINATION WITH INCOME TAX CREDITS.—Sec14 tion 2301(h) of the CARES Act, as amended by preceding 

15 provisions of this Act, is amended— 

16 (1) by striking paragraphs (1) and (2) and in17 serting the following: 

18 ‘‘(1) COORDINATION WITH INCOME TAX CRED19 ITS.—Any wages taken into account in determining 

20 the credit allowed under this section shall not be 

21 taken into account as wages for purposes of sections 

22 41, 45A, 45B, 45P, 45S, 51, and 1396 of the Internal 

23 Revenue 23 Code of 1986.’’, and 

24 (2) by redesignating paragraph (3) as para25 graph (2). 
776 

•HR 925 EAH 

1 (j) APPLICATION OF CREDIT TO EMPLOYERS OF DO2 MESTIC WORKERS.— 

3 (1) IN GENERAL.—Section 2301(c)(2) of the 

4 CARES Act, as amended by the preceding provisions 

5 of this Act, is amended by adding at the end the fol6 lowing new subparagraph: 

7 ‘‘(E) EMPLOYERS OF DOMESTIC WORK8 ERS.—In the case of an employer with one or 

9 more employees who perform domestic service 

10 (within the meaning of section 3121(a)(7) of 

11 such Code) in the private home of such employer, 

12 with respect to such employees— 

13 ‘‘(i) subparagraph (A) shall be ap14 plied— 

15 ‘‘(I) by substituting ‘employing 

16 an employee who performs domestic 

17 service in the private home of such em18 ployer’ for ‘carrying on a trade or 

19 business’ in clause (i) thereof, and 

20 ‘‘(II) by substituting ‘such em21 ployment’ for ‘the operation of the 

22 trade or business’ in clause (ii)(I) 

23 thereof. 

24 ‘‘(ii) subclause (II) of subparagraph 

25 (A)(ii) shall not apply, and 
777 

•HR 925 EAH 

1 ‘‘(iii) such employer shall be treated as 

2 a large employer.’’. 

3 (2) DENIAL OF DOUBLE BENEFIT.—Section 

4 2301(h)(1) of the CARES Act, as amended by the pre5 ceding provisions of this Act, is further amended— 

6 (A) by striking ‘‘shall not be taken into ac7 count as wages’’ and inserting ‘‘shall not be 

8 taken into account as— 

9 ‘‘(A) wages’’, 

10 (B) by striking the period at the end and 

11 inserting ‘‘, and’’, and 

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

13 ‘‘(B) if such wages are paid for domestic 

14 service described in subsection (c)(2)(E), as em15 ployment-related expenses for purposes of section 

16 21 of such Code. 

17 In the case of any individual who pays wages for do18 mestic service described in subsection (c)(2)(E) and 

19 receives a reimbursement for such wages which is ex20 cludible from gross income under section 129 of such 

21 Code, such wages shall not be treated as qualified 

22 wages for purposes of this section.’’. 

23 (k) COORDINATION WITH GOVERNMENT GRANTS.— 

24 Section 2301(h) of the CARES Act, as amended by the pre-
778 

•HR 925 EAH 

1 ceding provisions of this Act, is further amended by adding 

2 at the end the following new paragraph: 

3 ‘‘(3) COORDINATION WITH GOVERNMENT

4 GRANTS.—Qualified wages shall not be taken into ac5 count under this section to the extent that grants (or 

6 similar amounts) are provided by the Federal govern7 ment for purposes of paying or reimbursing expenses 

8 for such wages.’’. 

9 (l) EFFECTIVE DATE.—The amendments made by this 

10 section shall take effect as if included in section 2301 of 

11 the CARES Act. 

12 SEC. 202. CERTAIN LOAN FORGIVENESS AND OTHER BUSI13 NESS FINANCIAL ASSISTANCE UNDER CARES 

14 ACT NOT INCLUDIBLE IN GROSS INCOME. 

15 (a) UNITED STATES TREASURY PROGRAM MANAGE16 MENT AUTHORITY.—For purposes of the Internal Revenue 

17 Code of 1986, no amount shall be included in gross income 

18 by reason of loan forgiveness described in section 

19 1109(d)(2)(D) of the CARES Act. 

20 (b) EMERGENCY EIDL GRANTS.—For purposes of the 

21 Internal Revenue Code of 1986, any advance described in 

22 section 1110(e) of the CARES Act shall not be included in 

23 the gross income of the person that receives such advance. 

24 (c) SUBSIDY FOR CERTAIN LOAN PAYMENTS.—For 

25 purposes of the Internal Revenue Code of 1986, any pay-
779 

•HR 925 EAH 

1 ment described in section 1112(c) of the CARES Act shall 

2 not be included in the gross income of the person on whose 

3 behalf such payment is made. 

4 (d) RESTAURANTS GRANTS.—For purposes of the 

5 Internal Revenue Code of 1986, any grants (or similar 

6 amounts) made to an eligible entity under the RES7 TAURANTS Act of 2020 shall not be included in the gross 

8 income of such entity. 

9 (e) EFFECTIVE DATE.—(1) Subsections (a), (b), and 

10 (c) shall apply to taxable years ending after the date of the 

11 enactment of the CARES Act. 

12 (2) RESTAURANTS GRANTS.—Subsection (d) shall 

13 apply to taxable years ending after the date of the en14 actment of the RESTAURANTS Act of 2020. 

15 SEC. 203. CLARIFICATION OF TREATMENT OF EXPENSES 

16 PAID OR INCURRED WITH PROCEEDS FROM 

17 CERTAIN GRANTS AND LOANS. 

18 (a) IN GENERAL.—For purposes of the Internal Rev19 enue Code of 1986 and notwithstanding any other provision 

20 of law, any deduction and the basis of any property shall 

21 be determined without regard to whether any amount is ex22 cluded from gross income under section 202 of this Act or 

23 section 1106(i) of the CARES Act. 
780 

•HR 925 EAH 

1 (b) CLARIFICATION OF EXCLUSION OF LOAN FORGIVE2 NESS.—Section 1106(i) of the CARES Act is amended to 

3 read as follows: 

4 ‘‘(i) TAXABILITY.—For purposes of the Internal Rev5 enue Code of 1986, no amount shall be included in the gross 

6 income of the eligible recipient by reason of forgiveness of 

7 indebtedness described in subsection (b).’’. 

8 (c) EFFECTIVE DATE.—Subsection (a) and the amend9 ment made by subsection (b) shall apply to taxable years 

10 ending after the date of the enactment of the CARES Act. 

11 TITLE III—NET OPERATING 

12 LOSSES 

13 SEC. 301. LIMITATION ON EXCESS BUSINESS LOSSES OF 

14 NON-CORPORATE TAXPAYERS RESTORED 

15 AND MADE PERMANENT. 

16 (a) IN GENERAL.—Section 461(l)(1) of the Internal 

17 Revenue Code of 1986 is amended to read as follows: 

18 ‘‘(1) LIMITATION.—In the case of a taxpayer 

19 other than a corporation, any excess business loss of 

20 the taxpayer shall not be allowed.’’. 

21 (b) FARMING LOSSES.—Section 461 of such Code is 

22 amended by striking subsection (j). 

23 (c) EFFECTIVE DATE.—The amendments made by this 

24 section shall apply to taxable years beginning after Decem25 ber 31, 2017. 
781 

•HR 925 EAH 

1 SEC. 302. CERTAIN TAXPAYERS ALLOWED CARRYBACK OF 

2 NET OPERATING LOSSES ARISING IN 2019 

3 AND 2020. 

4 (a) CARRYBACK OF LOSSES ARISING IN 2019 AND

5 2020.— 

6 (1) IN GENERAL.—Section 172(b)(1)(D)(i) of the 

7 Internal Revenue Code of 1986 is amended to read as 

8 follows: 

9 ‘‘(i) IN GENERAL.—In the case of any 

10 net operating loss arising in a taxable year 

11 beginning after December 31, 2018, and be12 fore January 1, 2021, and to which sub13 paragraphs (B) and (C)(i) do not apply, 

14 such loss shall be a net operating loss 

15 carryback to each taxable year preceding the 

16 taxable year of such loss, but not to any 

17 taxable year beginning before January 1, 

18 2018.’’. 

19 (2) CONFORMING AMENDMENTS.— 

20 (A) The heading for section 172(b)(1)(D) of 

21 such Code is amended by striking ‘‘2018, 2019, 

22 AND’’ and inserting ‘‘2019 AND’’. 

23 (B) Section 172(b)(1)(D) of such Code is 

24 amended by striking clause (iii) and by redesig25 nating clauses (iv) and (v) as clauses (iii) and 

26 (iv), respectively. 
782 

•HR 925 EAH 

1 (C) Section 172(b)(1)(D)(iii) of such Code, 

2 as so redesignated, is amended by striking 

3 ‘‘(i)(I)’’ and inserting ‘‘(i)’’. 

4 (D) Section 172(b)(1)(D)(iv) of such Code, 

5 as so redesignated, is amended— 

6 (i) by striking ‘‘If the 5-year carryback 

7 period under clause (i)(I)’’ in subclause (I) 

8 and inserting ‘‘If the carryback period 

9 under clause (i)’’, and 

10 (ii) by striking ‘‘2018 or’’ in subclause 

11 (II). 

12 (b) DISALLOWED FOR CERTAIN TAXPAYERS.—Section 

13 172(b)(1)(D) of such Code, as amended by the preceding 

14 provisions of this Act, is amended by adding at the end 

15 the following new clauses: 

16 ‘‘(v) CARRYBACK DISALLOWED FOR

17 CERTAIN TAXPAYERS.—Clause (i) shall not 

18 apply with respect to any loss arising in a 

19 taxable year in which— 

20 ‘‘(I) the taxpayer (or any related 

21 person) is not allowed a deduction 

22 under this chapter for the taxable year 

23 by reason of section 162(m) or section 

24 280G, or 
783 

•HR 925 EAH 

1 ‘‘(II) the taxpayer (or any related 

2 person) is a specified corporation for 

3 the taxable year. 

4 ‘‘(vi) SPECIFIED CORPORATION.—For 

5 purposes of clause (v)— 

6 ‘‘(I) IN GENERAL.—The term 

7 ‘specified corporation’ means, with re8 spect to any taxable year, a corpora9 tion the fair market value of the aggre10 gate distributions (including redemp11 tions), measured as of the date of each 

12 such distribution, of which during all 

13 taxable years ending after December 

14 31, 2017, exceed the sum of applicable 

15 stock issued of such corporation and 5 

16 percent of the fair market value of the 

17 stock of such corporation as of the last 

18 day of the taxable year. 

19 ‘‘(II) APPLICABLE STOCK

20 ISSUED.—The term ‘applicable stock 

21 issued’ means, with respect to any cor22 poration, the aggregate fair market 

23 value of stock (as of the issue date of 

24 such stock) issued by the corporation 

25 during all taxable years ending after 
784 

•HR 925 EAH 

1 December 31, 2017, in exchange for 

2 money or property other than stock in 

3 such corporation. 

4 ‘‘(III) CERTAIN PREFERRED

5 STOCK DISREGARDED.—For purposes 

6 of subclause (I), stock described in sec7 tion 1504(a)(4), and distributions (in8 cluding redemptions) with respect to 

9 such stock, shall be disregarded. 

10 ‘‘(vii) RELATED PERSON.—For pur11 poses of clause (v), a person is a related 

12 person to a taxpayer if the related person 

13 bears a relationship to the taxpayer speci14 fied in section 267(b) or section 707(b)(1).’’. 

15 (c) EFFECTIVE DATE.—The amendments made by this 

16 section shall take effect as if included in the enactment of 

17 section 2303(b) of the Coronavirus Aid, Relief, and Eco18 nomic Security Act. 

19 DIVISION G—RETIREMENT 

20 PROVISIONS 

21 SEC. 100. SHORT TITLE, ETC. 

22 (a) SHORT TITLE.—This division may be cited as the 

23 ‘‘Emergency Pension Plan Relief Act of 2020’’. 

24 (b) TABLE OF CONTENTS.—The table of contents for 

25 this division is as follows: 

Sec. 100. Short title, etc. 
785 

•HR 925 EAH 

TITLE I—RELIEF FOR MULTIEMPLOYER PENSION PLANS 

Sec. 101. Special partition relief. 

Sec. 102. Repeal of benefit suspensions for multiemployer plans in critical and 

declining status. 

Sec. 103. Temporary delay of designation of multiemployer plans as in endangered, critical, or critical and declining status. 

Sec. 104. Temporary extension of the funding improvement and rehabilitation periods for multiemployer pension plans in critical and endangered status for 2020 or 2021. 

Sec. 105. Adjustments to funding standard account rules. 

Sec. 106. PBGC guarantee for participants in multiemployer plans. 

TITLE II—RELIEF FOR SINGLE EMPLOYER PENSION PLANS 

Sec. 201. Extended amortization for single employer plans. 

Sec. 202. Extension of pension funding stabilization percentages for single employer plans. 

TITLE III—OTHER RETIREMENT RELATED PROVISIONS 

Sec. 301. Waiver of required minimum distributions for 2019. 

Sec. 302. Waiver of 60-day rule in case of rollover of otherwise required minimum distributions in 2019 or 2020. 

Sec. 303. Exclusion of benefits provided to volunteer firefighters and emergency 

medical responders made permanent. 

Sec. 304. Application of special rules to money purchase pension plans. 

Sec. 305. Grants to assist low-income women and survivors of domestic violence 

in obtaining qualified domestic relations orders. 

Sec. 306. Modification of special rules for minimum funding standards for community newspaper plans. 

Sec. 307. Minimum rate of interest for certain determinations related to life insurance contracts. 

1 TITLE I—RELIEF FOR MULTIEM2 PLOYER PENSION PLANS 

3 SEC. 101. SPECIAL PARTITION RELIEF. 

4 (a) APPROPRIATION.—Section 4005 of the Employee 

5 Retirement Income Security Act of 1974 (29 U.S.C. 1305) 

6 is amended by adding at the end the following: 

7 ‘‘(i)(1) An eighth fund shall be established for partition 

8 assistance to multiemployer pension plans, as provided 

9 under section 4233A, and to pay for necessary administra10 tive and operating expenses relating to such assistance. 
786 

•HR 925 EAH 

1 ‘‘(2) There is appropriated from the general fund such 

2 amounts as necessary for the costs of providing partition 

3 assistance under section 4233A and necessary administra4 tive and operating expenses. The eighth fund established 

5 under this subsection shall be credited with such amounts 

6 from time to time as the Secretary of the Treasury deter7 mines appropriate, from the general fund of the Treasury, 

8 and such amounts shall remain available until expended.’’. 

9 (b) SPECIAL PARTITION AUTHORITY.—The Employee 

10 Retirement Income Security Act of 1974 (29 U.S.C. 1001 

11 et seq.) is amended by inserting after section 4233 the fol12 lowing: 

13 ‘‘SEC. 4233A. SPECIAL PARTITION RELIEF. 

14 ‘‘(a) SPECIAL PARTITION AUTHORITY.— 

15 ‘‘(1) IN GENERAL.—Upon the application of a 

16 plan sponsor of an eligible multiemployer plan for 

17 partition of the plan under this section, the corpora18 tion shall order a partition of the plan in accordance 

19 with this section. 

20 ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT

21 OBLIGATION.—A plan receiving partition assistance 

22 pursuant to this section shall not be subject to repay23 ment obligations under section 4261(b)(2). 

24 ‘‘(b) ELIGIBLE PLANS.— 
787 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—For purposes of this section, 

2 a multiemployer plan is an eligible multiemployer 

3 plan if— 

4 ‘‘(A) the plan is in critical and declining 

5 status (within the meaning of section 305(b)(6)) 

6 in any plan year beginning in 2020 through 

7 2024; 

8 ‘‘(B) a suspension of benefits has been ap9 proved with respect to the plan under section 

10 305(e)(9) as of the date of the enactment of this 

11 section; 

12 ‘‘(C) in any plan year beginning in 2020 

13 through 2024, the plan is certified by the plan 

14 actuary to be in critical status (within the 

15 meaning of section 305(b)(2)), has a modified 

16 funded percentage of less than 40 percent, and 

17 has a ratio of active to inactive participants 

18 which is less than 2 to 3; or 

19 ‘‘(D) the plan is insolvent for purposes of 

20 section 418E of the Internal Revenue Code of 

21 1986 as of the date of enactment of this section, 

22 if the plan became insolvent after December 16, 

23 2014, and has not been terminated by such date 

24 of enactment. 
788 

•HR 925 EAH 

1 ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For 

2 purposes of paragraph (1)(C), the term ‘modified 

3 funded percentage’ means the percentage equal to a 

4 fraction the numerator of which is current value of 

5 plan assets (as defined in section 3(26) of such Act) 

6 and the denominator of which is current liabilities 

7 (as defined in section 431(c)(6)(D) of such Code and 

8 section 304(c)(6)(D) of such Act). 

9 ‘‘(c) APPLICATIONS FOR SPECIAL PARTITION.— 

10 ‘‘(1) GUIDANCE.—The corporation shall issue 

11 guidance setting forth requirements for special parti12 tion applications under this section not later than 

13 120 days after the date of the enactment of this sec14 tion. In such guidance, the corporation shall— 

15 ‘‘(A) limit the materials required for a spe16 cial partition application to the minimum nec17 essary to make a determination on the applica18 tion; and 

19 ‘‘(B) provide for an alternate application 

20 for special partition under this section, which 

21 may be used by a plan that has been approved 

22 for a partition under section 4233 before the date 

23 of enactment of this section. 

24 ‘‘(2) TEMPORARY PRIORITY CONSIDERATION OF

25 APPLICATIONS.— 
789 

•HR 925 EAH 

1 ‘‘(A) IN GENERAL.—The corporation may 

2 specify in guidance under paragraph (1) that, 

3 during the first 2 years following the date of en4 actment of this section, special partition applica5 tions will be provided priority consideration, 

6 if— 

7 ‘‘(i) the plan is likely to become insol8 vent within 5 years of the date of enactment 

9 of this section; 

10 ‘‘(ii) the corporation projects a plan to 

11 have a present value of financial assistance 

12 payments under section 4261 that exceeds 

13 $1,000,000,000 if the special partition is 

14 not ordered; 

15 ‘‘(iii) the plan has implemented benefit 

16 suspensions under section 305(e)(9) as of 

17 the date of the enactment of this section; or 

18 ‘‘(iv) the corporation determines it ap19 propriate based on other circumstances. 

20 ‘‘(B) NO EFFECT ON AMOUNT OF ASSIST21 ANCE.—A plan that is approved for special par22 tition assistance under this section shall not re23 ceive reduced special partition assistance on ac24 count of not receiving priority consideration 

25 under subparagraph (A). 
790 

•HR 925 EAH 

1 ‘‘(3) ACTUARIAL ASSUMPTIONS AND OTHER IN2 FORMATION.—The corporation shall accept assump3 tions incorporated in a multiemployer plan’s deter4 mination that it is in critical status or critical and 

5 declining status (within the meaning of section 

6 305(b)), or that the plan’s modified funded percentage 

7 is less than 40 percent, unless such assumptions are 

8 clearly erroneous. The corporation may require such 

9 other information as the corporation determines ap10 propriate for making a determination of eligibility 

11 and the amount of special partition assistance nec12 essary under this section. 

13 ‘‘(4) APPLICATION DEADLINE.—Any application 

14 by a plan for special partition assistance under this 

15 section shall be submitted no later than December 31, 

16 2026, and any revised application for special parti17 tion assistance shall be submitted no later than De18 cember 31, 2027. 

19 ‘‘(5) NOTICE OF APPLICATION.—Not later than 

20 120 days after the date of enactment of this section, 

21 the corporation shall issue guidance requiring multi22 employer plans to notify participants and bene23 ficiaries that the plan has applied for partition under 

24 this section, after the corporation has determined that 

25 the application is complete. Such notice shall ref-
791 

•HR 925 EAH 

1 erence the special partition relief internet website de2 scribed in subsection (p). 

3 ‘‘(d) DETERMINATIONS ON APPLICATIONS.—A plan’s 

4 application for special partition under this section that is 

5 timely filed in accordance with guidance issued under sub6 section (c)(1) shall be deemed approved and the corporation 

7 shall issue a special partition order unless the corporation 

8 notifies the plan within 120 days of the filing of the appli9 cation that the application is incomplete or the plan is not 

10 eligible under this section. Such notice shall specify the rea11 sons the plan is ineligible for a special partition or infor12 mation needed to complete the application. If a plan is de13 nied partition under this subsection, the plan may submit 

14 a revised application under this section. Any revised appli15 cation for special partition submitted by a plan shall be 

16 deemed approved unless the corporation notifies the plan 

17 within 120 days of the filing of the revised application that 

18 the application is incomplete or the plan is not eligible 

19 under this section. A special partition order issued by the 

20 corporation shall be effective no later than 120 days after 

21 a plan’s special partition application is approved by the 

22 corporation or deemed approved. 

23 ‘‘(e) AMOUNT AND MANNER OF SPECIAL PARTITION

24 ASSISTANCE.— 
792 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—The liabilities of an eligible 

2 multiemployer plan that the corporation assumes 

3 pursuant to a special partition order under this sec4 tion shall be the amount necessary for the plan to 

5 meet its funding goals described in subsection (g). 

6 ‘‘(2) NO CAP.—Liabilities assumed by the cor7 poration pursuant to a special partition order under 

8 this section shall not be capped by the guarantee 

9 under section 4022A. The corporation shall have dis10 cretion on how liabilities of the plan are partitioned. 

11 ‘‘(f) SUCCESSOR PLAN.— 

12 ‘‘(1) IN GENERAL.—The plan created by a spe13 cial partition order under this section is a successor 

14 plan to which section 4022A applies. 

15 ‘‘(2) PLAN SPONSOR AND ADMINISTRATOR.—The 

16 plan sponsor of an eligible multiemployer plan prior 

17 to the special partition and the administrator of such 

18 plan shall be the plan sponsor and the administrator, 

19 respectively, of the plan created by the partition. 

20 ‘‘(g) FUNDING GOALS.— 

21 ‘‘(1) IN GENERAL.—The funding goals of a mul22 tiemployer plan eligible for partition under this sec23 tion are both of the following: 

24 ‘‘(A) The plan will remain solvent over 30 

25 years with no reduction in a participant’s or 
793 

•HR 925 EAH 

1 beneficiary’s accrued benefit (except to the extent 

2 of a reduction in accordance with section 

3 305(e)(8) adopted prior to the plan’s application 

4 for partition under this section). 

5 ‘‘(B) The funded percentage of the plan 

6 (disregarding partitioned benefits) at the end of 

7 the 30-year period is projected to be 80 percent. 

8 ‘‘(2) BASIS.—The funding projections under 

9 paragraph (1) shall be performed on a deterministic 

10 basis. 

11 ‘‘(h) RESTORATION OF BENEFIT SUSPENSIONS.—An 

12 eligible multiemployer plan that is partitioned under this 

13 section shall— 

14 ‘‘(1) reinstate any benefits that were suspended 

15 under section 305(e)(9) or section 4245(a), effective as 

16 of the first month the special partition order is effec17 tive, for participants or beneficiaries as of the effec18 tive date of the partition; and 

19 ‘‘(2) provide payments equal to the amount of 

20 benefits previously suspended to any participants or 

21 beneficiaries in pay status as of the effective date of 

22 the special partition, payable in the form of a lump 

23 sum within 3 months of such effective date or in equal 

24 monthly installments over a period of 5 years, with 

25 no adjustment for interest. 
794 

•HR 925 EAH 

1 ‘‘(i) ADJUSTMENT OF SPECIAL PARTITION ASSIST2 ANCE.— 

3 ‘‘(1) IN GENERAL.—Every 5 years, the corpora4 tion shall adjust the special partition assistance de5 scribed in subsection (e) as necessary for the eligible 

6 multiemployer plan to satisfy the funding goals de7 scribed in subsection (g). If the 30 year period de8 scribed in subsection (g) has lapsed, in applying this 

9 paragraph, 5 years shall be substituted for 30 years. 

10 ‘‘(2) SUBMISSION OF INFORMATION.—An eligible 

11 multiemployer plan that is the subject of a special 

12 partition order under subsection (a) shall submit such 

13 information as the corporation may require to deter14 mine the amount of the adjustment under paragraph 

15 (1). 

16 ‘‘(3) CESSATION OF ADJUSTMENTS.—Adjust17 ments under this subsection with respect to special 

18 partition assistance for an eligible multiemployer 

19 plan shall cease and the corporation shall perma20 nently assume liability for payment of any benefits 

21 transferred to the successor plan (subject to subsection 

22 (l)) beginning with the first plan year that the funded 

23 percentage of the eligible multiemployer plan (dis24 regarding partitioned benefits) is at least 80 percent 

25 and the plan’s projected funded percentage for each of 
795 

•HR 925 EAH 

1 the next 10 years is at least 80 percent. Any accumu2 lated funding deficiency of the plan (within the 

3 meaning of section 304(a)) shall be reduced to zero as 

4 of the first day of the plan year for which partition 

5 assistance is permanent under this paragraph. 

6 ‘‘(j) CONDITIONS ON PLANS DURING PARTITION.— 

7 ‘‘(1) IN GENERAL.—The corporation may im8 pose, by regulation, reasonable conditions on an eligi9 ble multiemployer plan that is partitioned under sec10 tion (a) relating to increases in future accrual rates 

11 and any retroactive benefit improvements, allocation 

12 of plan assets, reductions in employer contribution 

13 rates, diversion of contributions to, and allocation of, 

14 expenses to other retirement plans, and withdrawal li15 ability. 

16 ‘‘(2) LIMITATIONS.—The corporation shall not 

17 impose conditions on an eligible multiemployer plan 

18 as a condition of or following receipt of such parti19 tion assistance under this section relating to— 

20 ‘‘(A) any reduction in plan benefits (includ21 ing benefits that may be adjusted pursuant to 

22 section 305(e)(8)); 

23 ‘‘(B) plan governance, including selection 

24 of, removal of, and terms of contracts with, trust-
796 

•HR 925 EAH 

1 ees, actuaries, investment managers, and other 

2 service providers; or 

3 ‘‘(C) any funding rules relating to the plan 

4 that is partitioned under this section. 

5 ‘‘(3) CONDITION.—An eligible multiemployer 

6 plan that is partitioned under subsection (a) shall 

7 continue to pay all premiums due under section 4007 

8 for participants and beneficiaries in the plan created 

9 by a special partition order until the plan year be10 ginning after a cessation of adjustments applies 

11 under subsection (i). 

12 ‘‘(k) WITHDRAWAL LIABILITY.—An employer’s with13 drawal liability for purposes of this title shall be calculated 

14 taking into account any plan liabilities that are partitioned 

15 under subsection (a) until the plan year beginning after 

16 the expiration of 15 calendar years from the effective date 

17 of the partition. 

18 ‘‘(l) CESSATION OF PARTITION ASSISTANCE.—If a 

19 plan that receives partition assistance under this section 

20 becomes insolvent for purposes of section 418E of the Inter21 nal Revenue Code of 1986, the plan shall no longer be eligi22 ble for assistance under this section and shall be eligible 

23 for assistance under section 4261. 

24 ‘‘(m) REPORTING.—An eligible multiemployer plan 

25 that receives partition assistance under this section shall 
797 

•HR 925 EAH 

1 file with the corporation a report, including the following 

2 information, in such manner (which may include electronic 

3 filing requirements) and at such time as the corporation 

4 requires: 

5 ‘‘(1) The funded percentage (as defined in section 

6 305(j)(2)) as of the first day of such plan year, and 

7 the underlying actuarial value of assets and liabilities 

8 taken into account in determining such percentage. 

9 ‘‘(2) The market value of the assets of the plan 

10 (determined as provided in paragraph (1)) as of the 

11 last day of the plan year preceding such plan year. 

12 ‘‘(3) The total value of all contributions made by 

13 employers and employees during the plan year pre14 ceding such plan year. 

15 ‘‘(4) The total value of all benefits paid during 

16 the plan year preceding such plan year. 

17 ‘‘(5) Cash flow projections for such plan year 

18 and the 9 succeeding plan years, and the assumptions 

19 used in making such projections. 

20 ‘‘(6) Funding standard account projections for 

21 such plan year and the 9 succeeding plan years, and 

22 the assumptions relied upon in making such projec23 tions. 

24 ‘‘(7) The total value of all investment gains or 

25 losses during the plan year preceding such plan year. 
798 

•HR 925 EAH 

1 ‘‘(8) Any significant reduction in the number of 

2 active participants during the plan year preceding 

3 such plan year, and the reason for such reduction. 

4 ‘‘(9) A list of employers that withdrew from the 

5 plan in the plan year preceding such plan year, the 

6 payment schedule with respect to such withdrawal li7 ability, and the resulting reduction in contributions. 

8 ‘‘(10) A list of employers that paid withdrawal 

9 liability to the plan during the plan year preceding 

10 such plan year and, for each employer, a total assess11 ment of the withdrawal liability paid, the annual 

12 payment amount, and the number of years remaining 

13 in the payment schedule with respect to such with14 drawal liability. 

15 ‘‘(11) Any material changes to benefits, accrual 

16 rates, or contribution rates during the plan year pre17 ceding such plan year, and whether such changes re18 late to the conditions of the partition assistance. 

19 ‘‘(12) Details regarding any funding improve20 ment plan or rehabilitation plan and updates to such 

21 plan. 

22 ‘‘(13) The number of participants and bene23 ficiaries during the plan year preceding such plan 

24 year who are active participants, the number of par25 ticipants and beneficiaries in pay status, and the 
799 

•HR 925 EAH 

1 number of terminated vested participants and bene2 ficiaries. 

3 ‘‘(14) The information contained on the most re4 cent annual funding notice submitted by the plan 

5 under section 101(f). 

6 ‘‘(15) The information contained on the most re7 cent annual return under section 6058 of the Internal 

8 Revenue Code of 1986 and actuarial report under sec9 tion 6059 of such Code of the plan. 

10 ‘‘(16) Copies of the plan document and amend11 ments, other retirement benefit or ancillary benefit 

12 plans relating to the plan and contribution obliga13 tions under such plans, a breakdown of administra14 tive expenses of the plan, participant census data and 

15 distribution of benefits, the most recent actuarial 

16 valuation report as of the plan year, financial re17 ports, and copies of the portions of collective bar18 gaining agreements relating to plan contributions, 

19 funding coverage, or benefits, and such other informa20 tion as the corporation may reasonably require. 

21 Any information disclosed by a plan to the corporation that 

22 could identify individual employers shall be confidential 

23 and not subject to publication or disclosure. 

24 ‘‘(n) REPORT TO CONGRESS.— 
800 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this section and annually 

3 thereafter, the board of directors of the corporation 

4 shall submit to the Committee on Health, Education, 

5 Labor, and Pensions and the Committee on Finance 

6 of the Senate and the Committee on Education and 

7 Labor and the Committee on Ways and Means of the 

8 House of Representatives a detailed report on the im9 plementation and administration of this section. Such 

10 report shall include— 

11 ‘‘(A) information on the name and number 

12 of multiemployer plans that have applied for 

13 partition assistance under this section; 

14 ‘‘(B) the name and number of such plans 

15 that have been approved for partition assistance 

16 under this section and the name and number of 

17 the plans that have not been approved for special 

18 partition assistance; 

19 ‘‘(C) a detailed rationale for any decision 

20 by the corporation to not approve an application 

21 for special partition assistance; 

22 ‘‘(D) the amount of special partition assist23 ance provided to eligible multiemployer plans 

24 (including amounts provided on an individual 

25 plan basis and in the aggregate); 
801 

•HR 925 EAH 

1 ‘‘(E) the name and number of the multiem2 ployer plans that restored benefit suspensions 

3 and provided lump sum or monthly installment 

4 payments to participants or beneficiaries; 

5 ‘‘(F) the amount of benefits that were re6 stored and lump sum or monthly installment 

7 payments that were paid (including amounts 

8 provided on an individual plan basis and in the 

9 aggregate); 

10 ‘‘(G) the name and number of the plans 

11 that received adjustments to partition assistance 

12 under subsection (i); 

13 ‘‘(H) a list of, and rationale for, each rea14 sonable condition imposed by the corporation on 

15 plans approved for special partition assistance 

16 under this section; 

17 ‘‘(I) the contracts that have been awarded 

18 by the corporation to implement or administer 

19 this section; 

20 ‘‘(J) the number, purpose, and dollar 

21 amounts of the contracts that have been awarded 

22 to implement or administer the section; 

23 ‘‘(K) a detailed summary of the reports re24 quired under subsection (m); and 
802 

•HR 925 EAH 

1 ‘‘(L) a detailed summary of the feedback re2 ceived on the pension relief internet website es3 tablished under subsection (p). 

4 ‘‘(2) PBGC CERTIFICATION.—The board of direc5 tors of the corporation shall include with the report 

6 under paragraph (1) a certification and affirmation 

7 that the amount of special partition assistance pro8 vided to each plan under this section is the amount 

9 necessary to meet its funding goals under subsection 

10 (g), including, if applicable, any adjustment of spe11 cial partition assistance as determined under sub12 section (i). 

13 ‘‘(3) CONFIDENTIALITY.—Congress may publicize 

14 the reports received under paragraph (1) only after 

15 redacting all sensitive or proprietary information. 

16 ‘‘(o) GAO REPORT.—Not later than 1 year after the 

17 first partition application is approved by the corporation 

18 under this section, and biennially thereafter, the Comp19 troller General of the United States shall submit to the Com20 mittee on Health, Education, Labor, and Pensions and the 

21 Committee on Finance of the Senate and the Committee on 

22 Education and Labor and the Committee on Ways and 

23 Means of the House of Representatives a detailed report on 

24 the actions of the corporation to implement and administer 

25 this section, including an examination of the contracts 
803 

•HR 925 EAH 

1 awarded by such corporation to carry out this section and 

2 an analysis of such corporation’s compliance with sub3 sections (e) and (g). 

4 ‘‘(p) SPECIAL PARTITION RELIEF WEBSITE.— 

5 ‘‘(1) ESTABLISHMENT.—Not later than 120 days 

6 after the date of enactment of this section, the cor7 poration shall establish and maintain a user-friendly, 

8 public-facing internet website to foster greater ac9 countability and transparency in the implementation 

10 and administration of this section. 

11 ‘‘(2) PURPOSE.—The internet website established 

12 and maintained under paragraph (1) shall be a por13 tal to key information relating to this section for mul14 tiemployer plan administrators and trustees, plan 

15 participants, beneficiaries, participating employers, 

16 other stakeholders, and the public. 

17 ‘‘(3) CONTENT AND FUNCTION.—The internet 

18 website established under paragraph (1) shall— 

19 ‘‘(A) describe the nature and scope of the 

20 special partition authority and assistance under 

21 this section in a manner calculated to be under22 stood by the average plan participant; 

23 ‘‘(B) include published guidance, regula24 tions, and all other relevant information on the 
804 

•HR 925 EAH 

1 implementation and administration of this sec2 tion; 

3 ‘‘(C) include, with respect to plan applica4 tions for special partition assistance— 

5 ‘‘(i) a general description of the process 

6 by which eligible plans can apply for spe7 cial partition assistance, information on 

8 how and when the corporation will process 

9 and consider plan applications; 

10 ‘‘(ii) information on how the corpora11 tion will address any incomplete applica12 tions as specified in under this section; 

13 ‘‘(iii) a list of the plans that have ap14 plied for special partition assistance and, 

15 for each application, the date of submission 

16 of a completed application; 

17 ‘‘(iv) the text of each plan’s completed 

18 application for special partition assistance 

19 with appropriate redactions of personal, 

20 proprietary, or sensitive information; 

21 ‘‘(v) the estimated date that a decision 

22 will be made by the corporation on each ap23 plication; 

24 ‘‘(vi) the actual date when such deci25 sion is made; 
805 

•HR 925 EAH 

1 ‘‘(vii) the corporation’s decision on 

2 each application; and 

3 ‘‘(viii) as applicable, a detailed ration4 ale for any decision not to approve a plan’s 

5 application for special partition assistance; 

6 ‘‘(D) provide detailed information on each 

7 contract solicited and awarded to implement or 

8 administer this section; 

9 ‘‘(E) include reports, audits, and other rel10 evant oversight and accountability information 

11 on this section, including the annual reports sub12 mitted by the board of directors of the corpora13 tion to Congress required under subsection (n), 

14 the Office of the Inspector General audits, cor15 respondence, and publications, and the Govern16 ment Accountability Office reports under sub17 section (o); 

18 ‘‘(F) provide a clear means for multiem19 ployer plan administrators, plan participants, 

20 beneficiaries, other stakeholders, and the public 

21 to contact the corporation and provide feedback 

22 on the implementation and administration of 

23 this section; and 

24 ‘‘(G) be regularly updated to carry out the 

25 purposes of this subsection. 
806 

•HR 925 EAH 

1 ‘‘(q) OFFICE OF INSPECTOR GENERAL.—There is au2 thorized to be appropriated to the corporation’s Office of 

3 Inspector General $24,000,000 for fiscal year 2020, which 

4 shall remain available through September 30, 2028, for sal5 aries and expenses necessary for conducting investigations 

6 and audits of the implementation and administration of 

7 this section. 

8 ‘‘(r) APPLICATION OF EXCISE TAX.—During the pe9 riod that a plan is subject to a partition order under this 

10 section and prior to a cessation of adjustments pursuant 

11 to subsection (i)(3), the plan shall not be subject to section 

12 4971 of the Internal Revenue Code of 1986.’’. 

13 SEC. 102. REPEAL OF BENEFIT SUSPENSIONS FOR MULTI14 EMPLOYER PLANS IN CRITICAL AND DECLIN15 ING STATUS. 

16 (a) AMENDMENT TO INTERNAL REVENUE CODE OF

17 1986.—Paragraph (9) of section 432(e) of the Internal Rev18 enue Code of 1986 is repealed. 

19 (b) AMENDMENT TO EMPLOYEE RETIREMENT INCOME

20 SECURITY ACT OF 1974.—Paragraph (9) of section 305(e) 

21 of the Employee Retirement Income Security Act of 1974 

22 (29 U.S.C. 1085(e)) is repealed. 

23 (c) EFFECTIVE DATE.—The repeals made by this sec24 tion shall not apply to plans that have been approved for 

25 a suspension of benefit under section 432(e)(9)(G) of the 
807 

•HR 925 EAH 

1 Internal Revenue Code of 1986 and section 305(e)(9)(G) of 

2 the Employee Retirement Income Security Act of 1974 (29 

3 U.S.C. 1085(e)(9)(G)) before the date of the enactment of 

4 this Act. 

5 SEC. 103. TEMPORARY DELAY OF DESIGNATION OF MULTI6 EMPLOYER PLANS AS IN ENDANGERED, CRIT7 ICAL, OR CRITICAL AND DECLINING STATUS. 

8 (a) IN GENERAL.—Notwithstanding the actuarial cer9 tification under section 305(b)(3) of the Employee Retire10 ment Income Security Act of 1974 and section 432(b)(3) 

11 of the Internal Revenue Code of 1986, if a plan sponsor 

12 of a multiemployer plan elects the application of this sec13 tion, then, for purposes of section 305 of such Act and sec14 tion 432 of such Code— 

15 (1) the status of the plan for its first plan year 

16 beginning during the period beginning on March 1, 

17 2020, and ending on February 28, 2021, or the next 

18 succeeding plan year (as designated by the plan spon19 sor in such election), shall be the same as the status 

20 of such plan under such sections for the plan year 

21 preceding such designated plan year, and 

22 (2) in the case of a plan which was in endan23 gered or critical status for the plan year preceding the 

24 designated plan year described in paragraph (1), the 

25 plan shall not be required to update its plan or sched-
808 

•HR 925 EAH 

1 ules under section 305(c)(6) of such Act and section 

2 432(c)(6) of such Code, or section 305(e)(3)(B) of such 

3 Act and section 432(e)(3)(B) of such Code, whichever 

4 is applicable, until the plan year following the des5 ignated plan year described in paragraph (1). 

6 If section 305 of the Employee Retirement Income Security 

7 Act of 1974 and section 432 of the Internal Revenue Code 

8 of 1986 did not apply to the plan year preceding the des9 ignated plan year described in paragraph (1), the plan ac10 tuary shall make a certification of the status of the plan 

11 under section 305(b)(3) of such Act and section 432(b)(3) 

12 of such Code for the preceding plan year in the same man13 ner as if such sections had applied to such preceding plan 

14 year. 

15 (b) EXCEPTION FOR PLANS BECOMING CRITICAL DUR16 ING ELECTION.—If— 

17 (1) an election was made under subsection (a) 

18 with respect to a multiemployer plan, and 

19 (2) such plan has, without regard to such elec20 tion, been certified by the plan actuary under section 

21 305(b)(3) of the Employee Retirement Income Secu22 rity Act of 1974 and section 432(b)(3) of the Internal 

23 Revenue Code of 1986 to be in critical status for the 

24 designated plan year described in subsection (a)(1), 

25 then such plan shall be treated as a plan in critical 
809 

•HR 925 EAH 

1 status for such plan year for purposes of applying 

2 section 4971(g)(1)(A) of such Code, section 302(b)(3) 

3 of such Act (without regard to the second sentence 

4 thereof), and section 412(b)(3) of such Code (without 

5 regard to the second sentence thereof). 

6 (c) ELECTION AND NOTICE.— 

7 (1) ELECTION.—An election under subsection 

8 (a)— 

9 (A) shall be made at such time and in such 

10 manner as the Secretary of the Treasury or the 

11 Secretary’s delegate may prescribe and, once 

12 made, may be revoked only with the consent of 

13 the Secretary, and 

14 (B) if made— 

15 (i) before the date the annual certifi16 cation is submitted to the Secretary or the 

17 Secretary’s delegate under section 305(b)(3) 

18 of such Act and section 432(b)(3) of such 

19 Code, shall be included with such annual 

20 certification, and 

21 (ii) after such date, shall be submitted 

22 to the Secretary or the Secretary’s delegate 

23 not later than 30 days after the date of the 

24 election. 

25 (2) NOTICE TO PARTICIPANTS.— 
810 

•HR 925 EAH 

1 (A) IN GENERAL.—Notwithstanding section 

2 305(b)(3)(D) of the Employee Retirement Income 

3 Security Act of 1974 and section 432(b)(3)(D) of 

4 the Internal Revenue Code of 1986, if the plan 

5 is neither in endangered nor critical status by 

6 reason of an election made under subsection 

7 (a)— 

8 (i) the plan sponsor of a multiem9 ployer plan shall not be required to provide 

10 notice under such sections, and 

11 (ii) the plan sponsor shall provide to 

12 the participants and beneficiaries, the bar13 gaining parties, the Pension Benefit Guar14 anty Corporation, and the Secretary of 

15 Labor a notice of the election under sub16 section (a) and such other information as 

17 the Secretary of the Treasury (in consulta18 tion with the Secretary of Labor) may re19 quire— 

20 (I) if the election is made before 

21 the date the annual certification is 

22 submitted to the Secretary or the Sec23 retary’s delegate under section 

24 305(b)(3) of such Act and section 

25 432(b)(3) of such Code, not later than 
811 

•HR 925 EAH 

1 30 days after the date of the certifi2 cation, and 

3 (II) if the election is made after 

4 such date, not later than 30 days after 

5 the date of the election. 

6 (B) NOTICE OF ENDANGERED STATUS.— 

7 Notwithstanding section 305(b)(3)(D) of such Act 

8 and section 432(b)(3)(D) of such Code, if the 

9 plan is certified to be in critical status for any 

10 plan year but is in endangered status by reason 

11 of an election made under subsection (a), the no12 tice provided under such sections shall be the no13 tice which would have been provided if the plan 

14 had been certified to be in endangered status. 

15 SEC. 104. TEMPORARY EXTENSION OF THE FUNDING IM16 PROVEMENT AND REHABILITATION PERIODS 

17 FOR MULTIEMPLOYER PENSION PLANS IN 

18 CRITICAL AND ENDANGERED STATUS FOR 

19 2020 OR 2021. 

20 (a) IN GENERAL.—If the plan sponsor of a multiem21 ployer plan which is in endangered or critical status for 

22 a plan year beginning in 2020 or 2021 (determined after 

23 application of section 4) elects the application of this sec24 tion, then, for purposes of section 305 of the Employee Re-
812 

•HR 925 EAH 

1 tirement Income Security Act of 1974 and section 432 of 

2 the Internal Revenue Code of 1986— 

3 (1) except as provided in paragraph (2), the 

4 plan’s funding improvement period or rehabilitation 

5 period, whichever is applicable, shall be 15 years 

6 rather than 10 years, and 

7 (2) in the case of a plan in seriously endangered 

8 status, the plan’s funding improvement period shall 

9 be 20 years rather than 15 years. 

10 (b) DEFINITIONS AND SPECIAL RULES.—For purposes 

11 of this section— 

12 (1) ELECTION.—An election under this section 

13 shall be made at such time, and in such manner and 

14 form, as (in consultation with the Secretary of Labor) 

15 the Secretary of the Treasury or the Secretary’s dele16 gate may prescribe. 

17 (2) DEFINITIONS.—Any term which is used in 

18 this section which is also used in section 305 of the 

19 Employee Retirement Income Security Act of 1974 

20 and section 432 of the Internal Revenue Code of 1986 

21 shall have the same meaning as when used in such 

22 sections. 

23 (c) EFFECTIVE DATE.—This section shall apply to 

24 plan years beginning after December 31, 2019. 
813 

•HR 925 EAH 

1 SEC. 105. ADJUSTMENTS TO FUNDING STANDARD ACCOUNT 

2 RULES. 

3 (a) ADJUSTMENTS.— 

4 (1) AMENDMENT TO EMPLOYEE RETIREMENT IN5 COME SECURITY ACT OF 1974.—Section 304(b)(8) of 

6 the Employee Retirement Income Security Act of 

7 1974 (29 U.S.C. 1084(b)) is amended by adding at 

8 the end the following new subparagraph: 

9 ‘‘(F) RELIEF FOR 2020 AND 2021.—A multi10 employer plan with respect to which the solvency 

11 test under subparagraph (C) is met as of Feb12 ruary 29, 2020, may elect to apply this para13 graph by substituting ‘February 29, 2020’ for 

14 ‘August 31, 2008’ each place it appears in sub15 paragraphs (A)(i), (B)(i)(I), and (B)(i)(II) 

16 (without regard to whether such plan previously 

17 elected the application of this paragraph). The 

18 preceding sentence shall not apply to a plan 

19 with respect to which a partition order is in ef20 fect under section 4233A.’’. 

21 (2) AMENDMENT TO INTERNAL REVENUE CODE

22 OF 1986.—Section 431(b)(8) of the Internal Revenue 

23 Code of 1986 is amended by adding at the end the fol24 lowing new subparagraph: 

25 ‘‘(F) RELIEF FOR 2020 AND 2021.—A multi26 employer plan with respect to which the solvency 
814 

•HR 925 EAH 

1 test under subparagraph (C) is met as of Feb2 ruary 29, 2020, may elect to apply this para3 graph by substituting ‘February 29, 2020’ for 

4 ‘August 31, 2008’ each place it appears in sub5 paragraphs (A)(i), (B)(i)(I), and (B)(i)(II) 

6 (without regard to whether such plan previously 

7 elected the application of this paragraph). The 

8 preceding sentence shall not apply to a plan 

9 with respect to which a partition order is in ef10 fect under section 4233A of the Employee Retire11 ment Income Security Act of 1974.’’. 

12 (b) EFFECTIVE DATES.— 

13 (1) IN GENERAL.—The amendments made by 

14 this section shall take effect as of the first day of the 

15 first plan year ending on or after February 29, 2020, 

16 except that any election a plan makes pursuant to 

17 this section that affects the plan’s funding standard 

18 account for the first plan year beginning after Feb19 ruary 29, 2020, shall be disregarded for purposes of 

20 applying the provisions of section 305 of the Em21 ployee Retirement Income Security Act of 1974 and 

22 section 432 of the Internal Revenue Code of 1986 to 

23 such plan year. 

24 (2) RESTRICTIONS ON BENEFIT INCREASES.— 

25 Notwithstanding paragraph (1), the restrictions on 
815 

•HR 925 EAH 

1 plan amendments increasing benefits in sections 

2 304(b)(8)(D) of such Act and 431(b)(8)(D) of such 

3 Code, as applied by the amendments made by this 

4 section, shall take effect on the date of enactment of 

5 this Act. 

6 SEC. 106. PBGC GUARANTEE FOR PARTICIPANTS IN MULTI7 EMPLOYER PLANS. 

8 Section 4022A(c)(1) of the Employee Retirement In9 come Security Act of 1974 (29 U.S.C. 1322a(c)(1)) is 

10 amended by striking subparagraphs (A) and (B) and in11 serting the following: 

12 ‘‘(A) 100 percent of the accrual rate up to 

13 $15, plus 75 percent of the lesser of— 

14 ‘‘(i) $70; or 

15 ‘‘(ii) the accrual rate, if any, in excess 

16 of $15; and 

17 ‘‘(B) the number of the participant’s years 

18 of credited service. 

19 For each calendar year after the first full calendar 

20 year following the date of the enactment of the Emer21 gency Pension Plan Relief Act, the accrual rates in 

22 subparagraph (A) shall increase by the national aver23 age wage index (as defined in section 209(k)(1) of the 

24 Social Security Act). For purposes of this subsection, 

25 the rates applicable for determining the guaranteed 
816 

•HR 925 EAH 

1 benefits of the participants of any plan shall be the 

2 rates in effect for the calendar year in which the plan 

3 becomes insolvent under section 4245 or the calendar 

4 year in which the plan is terminated, if earlier.’’. 

5 TITLE II—RELIEF FOR SINGLE 

6 EMPLOYER PENSION PLANS 

7 SEC. 201. EXTENDED AMORTIZATION FOR SINGLE EM8 PLOYER PLANS. 

9 (a) 15-YEAR AMORTIZATION UNDER THE INTERNAL

10 REVENUE CODE OF 1986.—Section 430(c) of the Internal 

11 Revenue Code of 1986 is amended by adding at the end 

12 the following new paragraph: 

13 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 

14 plan years beginning after December 31, 2019— 

15 ‘‘(A) the shortfall amortization bases for all 

16 plan years preceding the first plan year begin17 ning after December 31, 2019 (and all shortfall 

18 amortization installments determined with re19 spect to such bases) shall be reduced to zero, and 

20 ‘‘(B) subparagraphs (A) and (B) of para21 graph (2) shall each be applied by substituting 

22 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 

23 (b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE

24 RETIREMENT INCOME SECURITY ACT OF 1974.—Section 

25 303(c) of the Employee Retirement Income Security Act of 
817 

•HR 925 EAH 

1 1974 (29 U.S.C. 1083(c)) is amended by adding at the end 

2 the following new paragraph: 

3 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 

4 plan years beginning after December 31, 2019— 

5 ‘‘(A) the shortfall amortization bases for all 

6 plan years preceding the first plan year begin7 ning after December 31, 2019 (and all shortfall 

8 amortization installments determined with re9 spect to such bases) shall be reduced to zero, and 

10 ‘‘(B) subparagraphs (A) and (B) of para11 graph (2) shall each be applied by substituting 

12 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply to plan years beginning after December 

15 31, 2019. 

16 SEC. 202. EXTENSION OF PENSION FUNDING STABILIZA17 TION PERCENTAGES FOR SINGLE EMPLOYER 

18 PLANS. 

19 (a) AMENDMENTS TO INTERNAL REVENUE CODE OF

20 1986.— 

21 (1) IN GENERAL.—The table contained in sub22 clause (II) of section 430(h)(2)(C)(iv) of the Internal 

23 Revenue Code of 1986 is amended to read as follows: 
818 

•HR 925 EAH 

‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

Any year in the period starting in 2012 and ending 

in 2019 ........................................................................ 90% 110%

Any year in the period starting in 2020 and ending 

in 2025 ........................................................................ 95% 105%

2026 ................................................................................. 90% 110%

2027 ................................................................................. 85% 115%

2028 ................................................................................. 80% 120%

2029 ................................................................................. 75% 125%

After 2029 ....................................................................... 70% 130%.’’. 

1 (2) FLOOR ON 25-YEAR AVERAGES.—Subclause 

2 (I) of section 430(h)(2)(C)(iv) of such Code is amend3 ed by adding at the end the following: ‘‘Notwith4 standing anything in this subclause, if the average of 

5 the first, second, or third segment rate for any 25- 

6 year period is less than 5 percent, such average shall 

7 be deemed to be 5 percent.’’. 

8 (b) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME

9 SECURITY ACT OF 1974.— 

10 (1) IN GENERAL.—The table contained in sub11 clause (II) of section 303(h)(2)(C)(iv) of the Employee 

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

13 1083(h)(2)(C)(iv)(II)) is amended to read as follows: 

‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

Any year in the period starting in 2012 and ending 

in 2019 ........................................................................ 90% 110%

Any year in the period starting in 2020 and ending 

in 2025 ........................................................................ 95% 105%

2026 ................................................................................. 90% 110%

2027 ................................................................................. 85% 115%
819 

•HR 925 EAH 

‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

2028 ................................................................................. 80% 120%

2029 ................................................................................. 75% 125%

After 2029 ....................................................................... 70% 130%.’’. 

1 (2) CONFORMING AMENDMENTS.— 

2 (A) IN GENERAL.—Section 101(f)(2)(D) of 

3 such Act (29 U.S.C. 1021(f)(2)(D)) is amend4 ed— 

5 (i) in clause (i) by striking ‘‘and the 

6 Bipartisan Budget Act of 2015’’ both places 

7 it appears and inserting ‘‘, the Bipartisan 

8 Budget Act of 2015, and the Emergency 

9 Pension Plan Relief Act’’, and 

10 (ii) in clause (ii) by striking ‘‘2023’’ 

11 and inserting ‘‘2029’’. 

12 (B) STATEMENTS.—The Secretary of Labor 

13 shall modify the statements required under sub14 clauses (I) and (II) of section 101(f)(2)(D)(i) of 

15 such Act to conform to the amendments made by 

16 this section. 

17 (3) FLOOR ON 25-YEAR AVERAGES.—Subclause 

18 (I) of section 303(h)(2)(C)(iv) of such Act (29 U.S.C. 

19 1083(h)(2)(C)(iv)(II)) is amended by adding at the 

20 end the following: ‘‘Notwithstanding anything in this 

21 subclause, if the average of the first, second, or third 
820 

•HR 925 EAH 

1 segment rate for any 25-year period is less than 5 

2 percent, such average shall be deemed to be 5 per3 cent.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply with respect to plan years beginning 

6 after December 31, 2019. 

7 TITLE III—OTHER RETIREMENT 

8 RELATED PROVISIONS 

9 SEC. 301. WAIVER OF REQUIRED MINIMUM DISTRIBUTIONS 

10 FOR 2019. 

11 (a) IN GENERAL.—Section 401(a)(9)(I)(i) of the Inter12 nal Revenue Code of 1986 is amended by striking ‘‘calendar 

13 year 2020’’ and inserting ‘‘calendar years 2019 and 2020’’. 

14 (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section 

15 402(c)(4) of such Code is amended by striking ‘‘2020’’ each 

16 place it appears in the last sentence and inserting ‘‘2019 

17 or 2020’’. 

18 (c) CONFORMING AMENDMENTS.—Section 401(a)(9)(I) 

19 of such Code is amended— 

20 (1) by striking clause (ii) and redesignating 

21 clause (iii) as clause (ii), and 

22 (2) by striking ‘‘calendar year 2020’’ in clause 

23 (ii)(II), as so redesignated, and inserting ‘‘calendar 

24 years 2019 and 2020’’. 
821 

•HR 925 EAH 

1 (d) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect as if included in the enactment of 

3 section 2203 of the Coronavirus Aid, Relief, and Economic 

4 Security Act, except that subparagraph (c)(1) thereof shall 

5 be applied by substituting ‘‘December 31, 2018’’ for ‘‘De6 cember 31, 2019’’. 

7 SEC. 302. WAIVER OF 60-DAY RULE IN CASE OF ROLLOVER 

8 OF OTHERWISE REQUIRED MINIMUM DIS9 TRIBUTIONS IN 2019 OR 2020. 

10 (a) QUALIFIED TRUSTS.—402(c)(3) of the Internal 

11 Revenue Code of 1986 is amended by adding at the end 

12 the following new subparagraph: 

13 ‘‘(D) EXCEPTION FOR ROLLOVER OF OTHER14 WISE REQUIRED MINIMUM DISTRIBUTIONS IN

15 2019 OR 2020.—In the case of an eligible roll16 over distribution described in the second sentence 

17 of paragraph (4), subparagraph (A) shall not 

18 apply to any transfer of such distribution made 

19 before December 1, 2020.’’. 

20 (b) INDIVIDUAL RETIREMENT ACCOUNTS.—Section 

21 408(d)(3) of such Code is amended by adding at the end 

22 the following new subparagraph: 

23 ‘‘(J) WAIVER OF 60-DAY RULE AND ONCE

24 PER-YEAR LIMITATION FOR CERTAIN 2019 AND

25 2020 ROLLOVERS.—In the case of a distribution 
822 

•HR 925 EAH 

1 during 2019 or 2020 to which, under subpara2 graph (E), this paragraph would not have ap3 plied had the minimum distribution require4 ments of section 401(a)(9) applied during such 

5 years, the 60-day requirement under subpara6 graph (A) and the limitation under subpara7 graph (B) shall not apply to such distribution to 

8 the extent the amount is paid into an individual 

9 retirement account, individual retirement annu10 ity (other than an endowment contract), or eligi11 ble retirement plan (as defined in subparagraph 

12 (A)) as otherwise required under such subpara13 graph before December 1, 2020.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by this 

15 section shall apply to taxable years beginning after Decem16 ber 31, 2018. 

17 SEC. 303. EXCLUSION OF BENEFITS PROVIDED TO VOLUN18 TEER FIREFIGHTERS AND EMERGENCY MED19 ICAL RESPONDERS MADE PERMANENT. 

20 (a) IN GENERAL.—Section 139B of the Internal Rev21 enue Code of 1986 is amended by striking subsection (d). 

22 (b) EFFECTIVE DATE.—The amendment made by this 

23 section shall apply to taxable years beginning after Decem24 ber 31, 2020. 
823 

•HR 925 EAH 

1 SEC. 304. APPLICATION OF SPECIAL RULES TO MONEY PUR2 CHASE PENSION PLANS. 

3 Section 2202(a)(6)(B) of the Coronavirus Aid, Relief, 

4 and Economic Security Act is amended by inserting ‘‘, and, 

5 in the case of a money purchase pension plan, a 

6 coronavirus-related distribution which is an in-service 

7 withdrawal shall be treated as meeting the distribution 

8 rules of section 401(a) of such Code’’ before the period. 

9 SEC. 305. GRANTS TO ASSIST LOW-INCOME WOMEN AND 

10 SURVIVORS OF DOMESTIC VIOLENCE IN OB11 TAINING QUALIFIED DOMESTIC RELATIONS 

12 ORDERS. 

13 (a) AUTHORIZATION OF GRANT AWARDS.—The Sec14 retary of Labor, acting through the Director of the Women’s 

15 Bureau and in conjunction with the Assistant Secretary of 

16 the Employee Benefits Security Administration, shall 

17 award grants, on a competitive basis, to eligible entities to 

18 enable such entities to assist low-income women and sur19 vivors of domestic violence in obtaining qualified domestic 

20 relations orders and ensuring that those women actually ob21 tain the benefits to which they are entitled through those 

22 orders. 

23 (b) DEFINITION OF ELIGIBLE ENTITY.—In this sec24 tion, the term ‘‘eligible entity’’ means a community-based 

25 organization with proven experience and expertise in serv-
824 

•HR 925 EAH 

1 ing women and the financial and retirement needs of 

2 women. 

3 (c) APPLICATION.—An eligible entity that desires to re4 ceive a grant under this section shall submit an application 

5 to the Secretary of Labor at such time, in such manner, 

6 and accompanied by such information as the Secretary of 

7 Labor may require. 

8 (d) MINIMUM GRANT AMOUNT.—The Secretary of 

9 Labor shall award grants under this section in amounts 

10 of not less than $250,000. 

11 (e) USE OF FUNDS.—An eligible entity that receives 

12 a grant under this section shall use the grant funds to de13 velop programs to offer help to low-income women or sur14 vivors of domestic violence who need assistance in pre15 paring, obtaining, and effectuating a qualified domestic re16 lations order. 

17 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $100,000,000 for fiscal year 2020 and each succeeding fiscal 

20 year. 

21 SEC. 306. MODIFICATION OF SPECIAL RULES FOR MINIMUM 

22 FUNDING STANDARDS FOR COMMUNITY 

23 NEWSPAPER PLANS. 

24 (a) AMENDMENT TO INTERNAL REVENUE CODE OF

25 1986.—Subsection (m) of section 430 of the Internal Rev-
825 

•HR 925 EAH 

1 enue Code of 1986, as added by the Setting Every Commu2 nity Up for Retirement Enhancement Act of 2019, is 

3 amended to read as follows: 

4 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER

5 PLANS.— 

6 ‘‘(1) IN GENERAL.—An eligible newspaper plan 

7 sponsor of a plan under which no participant has 

8 had the participant’s accrued benefit increased 

9 (whether because of service or compensation) after 

10 April 2, 2019, may elect to have the alternative 

11 standards described in paragraph (4) apply to such 

12 plan. 

13 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 

14 The term ‘eligible newspaper plan sponsor’ means the 

15 plan sponsor of— 

16 ‘‘(A) any community newspaper plan, or 

17 ‘‘(B) any other plan sponsored, as of April 

18 2, 2019, by a member of the same controlled 

19 group of a plan sponsor of a community news20 paper plan if such member is in the trade or 

21 business of publishing 1 or more newspapers. 

22 ‘‘(3) ELECTION.—An election under paragraph 

23 (1) shall be made at such time and in such manner 

24 as prescribed by the Secretary. Such election, once 

25 made with respect to a plan year, shall apply to all 
826 

•HR 925 EAH 

1 subsequent plan years unless revoked with the consent 

2 of the Secretary. 

3 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND4 ARDS.—The alternative standards described in this 

5 paragraph are the following: 

6 ‘‘(A) INTEREST RATES.— 

7 ‘‘(i) IN GENERAL.—Notwithstanding 

8 subsection (h)(2)(C) and except as provided 

9 in clause (ii), the first, second, and third 

10 segment rates in effect for any month for 

11 purposes of this section shall be 8 percent. 

12 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not13 withstanding subsection (h)(2), for purposes 

14 of determining the funding target and nor15 mal cost of a plan for any plan year, the 

16 present value of any benefits accrued or 

17 earned under the plan for a plan year with 

18 respect to which an election under para19 graph (1) is in effect shall be determined on 

20 the basis of the United States Treasury obli21 gation yield curve for the day that is the 

22 valuation date of such plan for such plan 

23 year. 

24 ‘‘(iii) UNITED STATES TREASURY OBLI25 GATION YIELD CURVE.—For purposes of this 
827 

•HR 925 EAH 

1 subsection, the term ‘United States Treas2 ury obligation yield curve’ means, with re3 spect to any day, a yield curve which shall 

4 be prescribed by the Secretary for such day 

5 on interest-bearing obligations of the United 

6 States. 

7 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 

8 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA9 TION BASES.—The shortfall amortization 

10 bases determined under subsection (c)(3) for 

11 all plan years preceding the first plan year 

12 to which the election under paragraph (1) 

13 applies (and all shortfall amortization in14 stallments determined with respect to such 

15 bases) shall be reduced to zero under rules 

16 similar to the rules of subsection (c)(6). 

17 ‘‘(ii) NEW SHORTFALL AMORTIZATION

18 BASE.—Notwithstanding subsection (c)(3), 

19 the shortfall amortization base for the first 

20 plan year to which the election under para21 graph (1) applies shall be the funding short22 fall of such plan for such plan year (deter23 mined using the interest rates as modified 

24 under subparagraph (A)). 
828 

•HR 925 EAH 

1 ‘‘(C) DETERMINATION OF SHORTFALL AM2 ORTIZATION INSTALLMENTS.— 

3 ‘‘(i) 30-YEAR PERIOD.—Subparagraphs 

4 (A) and (B) of subsection (c)(2) shall be ap5 plied by substituting ‘30-plan-year’ for ‘7- 

6 plan-year’ each place it appears. 

7 ‘‘(ii) NO SPECIAL ELECTION.—The 

8 election under subparagraph (D) of sub9 section (c)(2) shall not apply to any plan 

10 year to which the election under paragraph 

11 (1) applies. 

12 ‘‘(D) EXEMPTION FROM AT-RISK TREAT13 MENT.—Subsection (i) shall not apply. 

14 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur15 poses of this subsection— 

16 ‘‘(A) IN GENERAL.—The term ‘community 

17 newspaper plan’ means any plan to which this 

18 section applies maintained as of December 31, 

19 2018, by an employer which— 

20 ‘‘(i) maintains the plan on behalf of 

21 participants and beneficiaries with respect 

22 to employment in the trade or business of 

23 publishing 1 or more newspapers which 

24 were published by the employer at any time 
829 

•HR 925 EAH 

1 during the 11-year period ending on the 

2 date of the enactment of this subsection, 

3 ‘‘(ii)(I) is not a company the stock of 

4 which is publicly traded (on a stock ex5 change or in an over-the-counter market), 

6 and is not controlled, directly or indirectly, 

7 by such a company, or 

8 ‘‘(II) is controlled, directly or indi9 rectly, during the entire 30-year period end10 ing on the date of the enactment of this sub11 section by individuals who are members of 

12 the same family, and does not publish or 

13 distribute a daily newspaper that is car14 rier-distributed in printed form in more 

15 than 5 States, and 

16 ‘‘(iii) is controlled, directly or indi17 rectly— 

18 ‘‘(I) by 1 or more persons residing 

19 primarily in a State in which the 

20 community newspaper has been pub21 lished on newsprint or carrier-distrib22 uted, 

23 ‘‘(II) during the entire 30-year 

24 period ending on the date of the enact-
830 

•HR 925 EAH 

1 ment of this subsection by individuals 

2 who are members of the same family, 

3 ‘‘(III) by 1 or more trusts, the sole 

4 trustees of which are persons described 

5 in subclause (I) or (II), or 

6 ‘‘(IV) by a combination of persons 

7 described in subclause (I), (II), or 

8 (III). 

9 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 

10 does not include any newspaper (determined 

11 without regard to this subparagraph) to which 

12 any of the following apply: 

13 ‘‘(i) Is not in general circulation. 

14 ‘‘(ii) Is published (on newsprint or 

15 electronically) less frequently than 3 times 

16 per week. 

17 ‘‘(iii) Has not ever been regularly pub18 lished on newsprint. 

19 ‘‘(iv) Does not have a bona fide list of 

20 paid subscribers. 

21 ‘‘(C) CONTROL.—A person shall be treated 

22 as controlled by another person if such other per23 son possesses, directly or indirectly, the power to 

24 direct or cause the direction and management of 

25 such person (including the power to elect a ma-
831 

•HR 925 EAH 

1 jority of the members of the board of directors of 

2 such person) through the ownership of voting se3 curities. 

4 ‘‘(6) CONTROLLED GROUP.—For purposes of this 

5 subsection, the term ‘controlled group’ means all per6 sons treated as a single employer under subsection 

7 (b), (c), (m), or (o) of section 414 as of the date of 

8 the enactment of this subsection.’’. 

9 (b) AMENDMENT TO EMPLOYEE RETIREMENT INCOME

10 SECURITY ACT OF 1974.—Subsection (m) of section 303 of 

11 the Employee Retirement Income Security Act of 1974 (29 

12 U.S.C. 1083(m)), as added by the Setting Every Commu13 nity Up for Retirement Enhancement Act of 2019, is 

14 amended to read as follows: 

15 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER

16 PLANS.— 

17 ‘‘(1) IN GENERAL.—An eligible newspaper plan 

18 sponsor of a plan under which no participant has 

19 had the participant’s accrued benefit increased 

20 (whether because of service or compensation) after 

21 April 2, 2019, may elect to have the alternative 

22 standards described in paragraph (4) apply to such 

23 plan. 
832 

•HR 925 EAH 

1 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 

2 The term ‘eligible newspaper plan sponsor’ means the 

3 plan sponsor of— 

4 ‘‘(A) any community newspaper plan, or 

5 ‘‘(B) any other plan sponsored, as of April 

6 2, 2019, by a member of the same controlled 

7 group of a plan sponsor of a community news8 paper plan if such member is in the trade or 

9 business of publishing 1 or more newspapers. 

10 ‘‘(3) ELECTION.—An election under paragraph 

11 (1) shall be made at such time and in such manner 

12 as prescribed by the Secretary of the Treasury. Such 

13 election, once made with respect to a plan year, shall 

14 apply to all subsequent plan years unless revoked 

15 with the consent of the Secretary of the Treasury. 

16 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND17 ARDS.—The alternative standards described in this 

18 paragraph are the following: 

19 ‘‘(A) INTEREST RATES.— 

20 ‘‘(i) IN GENERAL.—Notwithstanding 

21 subsection (h)(2)(C) and except as provided 

22 in clause (ii), the first, second, and third 

23 segment rates in effect for any month for 

24 purposes of this section shall be 8 percent. 
833 

•HR 925 EAH 

1 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not2 withstanding subsection (h)(2), for purposes 

3 of determining the funding target and nor4 mal cost of a plan for any plan year, the 

5 present value of any benefits accrued or 

6 earned under the plan for a plan year with 

7 respect to which an election under para8 graph (1) is in effect shall be determined on 

9 the basis of the United States Treasury obli10 gation yield curve for the day that is the 

11 valuation date of such plan for such plan 

12 year. 

13 ‘‘(iii) UNITED STATES TREASURY OBLI14 GATION YIELD CURVE.—For purposes of this 

15 subsection, the term ‘United States Treas16 ury obligation yield curve’ means, with re17 spect to any day, a yield curve which shall 

18 be prescribed by the Secretary of the Treas19 ury for such day on interest-bearing obliga20 tions of the United States. 

21 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 

22 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA23 TION BASES.—The shortfall amortization 

24 bases determined under subsection (c)(3) for 

25 all plan years preceding the first plan year 
834 

•HR 925 EAH 

1 to which the election under paragraph (1) 

2 applies (and all shortfall amortization in3 stallments determined with respect to such 

4 bases) shall be reduced to zero under rules 

5 similar to the rules of subsection (c)(6). 

6 ‘‘(ii) NEW SHORTFALL AMORTIZATION

7 BASE.—Notwithstanding subsection (c)(3), 

8 the shortfall amortization base for the first 

9 plan year to which the election under para10 graph (1) applies shall be the funding short11 fall of such plan for such plan year (deter12 mined using the interest rates as modified 

13 under subparagraph (A)). 

14 ‘‘(C) DETERMINATION OF SHORTFALL AM15 ORTIZATION INSTALLMENTS.— 

16 ‘‘(i) 30-YEAR PERIOD.—Subparagraphs 

17 (A) and (B) of subsection (c)(2) shall be ap18 plied by substituting ‘30-plan-year’ for ‘7- 

19 plan-year’ each place it appears. 

20 ‘‘(ii) NO SPECIAL ELECTION.—The 

21 election under subparagraph (D) of sub22 section (c)(2) shall not apply to any plan 

23 year to which the election under paragraph 

24 (1) applies. 
835 

•HR 925 EAH 

1 ‘‘(D) EXEMPTION FROM AT-RISK TREAT2 MENT.—Subsection (i) shall not apply. 

3 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur4 poses of this subsection— 

5 ‘‘(A) IN GENERAL.—The term ‘community 

6 newspaper plan’ means a plan to which this sec7 tion applies maintained as of December 31, 

8 2018, by an employer which— 

9 ‘‘(i) maintains the plan on behalf of 

10 participants and beneficiaries with respect 

11 to employment in the trade or business of 

12 publishing 1 or more newspapers which 

13 were published by the employer at any time 

14 during the 11-year period ending on the 

15 date of the enactment of this subsection, 

16 ‘‘(ii)(I) is not a company the stock of 

17 which is publicly traded (on a stock ex18 change or in an over-the-counter market), 

19 and is not controlled, directly or indirectly, 

20 by such a company, or 

21 ‘‘(II) is controlled, directly, or indi22 rectly, during the entire 30-year period end23 ing on the date of the enactment of this sub24 section by individuals who are members of 

25 the same family, and does not publish or 
836 

•HR 925 EAH 

1 distribute a daily newspaper that is car2 rier-distributed in printed form in more 

3 than 5 States, and 

4 ‘‘(iii) is controlled, directly, or indi5 rectly— 

6 ‘‘(I) by 1 or more persons residing 

7 primarily in a State in which the 

8 community newspaper has been pub9 lished on newsprint or carrier-distrib10 uted, 

11 ‘‘(II) during the entire 30-year 

12 period ending on the date of the enact13 ment of this subsection by individuals 

14 who are members of the same family, 

15 ‘‘(III) by 1 or more trusts, the sole 

16 trustees of which are persons described 

17 in subclause (I) or (II), or 

18 ‘‘(IV) by a combination of persons 

19 described in subclause (I), (II), or 

20 (III). 

21 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 

22 does not include any newspaper (determined 

23 without regard to this subparagraph) to which 

24 any of the following apply: 

25 ‘‘(i) Is not in general circulation. 
837 

•HR 925 EAH 

1 ‘‘(ii) Is published (on newsprint or 

2 electronically) less frequently than 3 times 

3 per week. 

4 ‘‘(iii) Has not ever been regularly pub5 lished on newsprint. 

6 ‘‘(iv) Does not have a bona fide list of 

7 paid subscribers. 

8 ‘‘(C) CONTROL.—A person shall be treated 

9 as controlled by another person if such other per10 son possesses, directly or indirectly, the power to 

11 direct or cause the direction and management of 

12 such person (including the power to elect a ma13 jority of the members of the board of directors of 

14 such person) through the ownership of voting se15 curities. 

16 ‘‘(6) CONTROLLED GROUP.—For purposes of this 

17 subsection, the term ‘controlled group’ means all per18 sons treated as a single employer under subsection 

19 (b), (c), (m), or (o) of section 414 of the Internal Rev20 enue Code of 1986 as of the date of the enactment of 

21 this subsection. 

22 ‘‘(7) EFFECT ON PREMIUM RATE CALCULA23 TION.—Notwithstanding any other provision of law 

24 or any regulation issued by the Pension Benefit 

25 Guaranty Corporation, in the case of a plan for 
838 

•HR 925 EAH 

1 which an election is made to apply the alternative 

2 standards described in paragraph (3), the additional 

3 premium under section 4006(a)(3)(E) shall be deter4 mined as if such election had not been made.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by this 

6 section shall apply to plan years ending after December 31, 

7 2017. 

8 SEC. 307. MINIMUM RATE OF INTEREST FOR CERTAIN DE9 TERMINATIONS RELATED TO LIFE INSUR10 ANCE CONTRACTS. 

11 (a) MODIFICATION OF MINIMUM RATE FOR PURPOSES

12 OF CASH VALUE ACCUMULATION TEST.— 

13 (1) IN GENERAL.—Section 7702(b)(2)(A) of the 

14 Internal Revenue Code of 1986 is amended by strik15 ing ‘‘an annual effective rate of 4 percent’’ and in16 serting ‘‘the applicable accumulation test minimum 

17 rate’’. 

18 (2) APPLICABLE ACCUMULATION TEST MINIMUM

19 RATE.—Section 7702(b) of such Code is amended by 

20 adding at the end the following new paragraph: 

21 ‘‘(3) APPLICABLE ACCUMULATION TEST MINIMUM

22 RATE.—For purposes of paragraph (2)(A), the term 

23 ‘applicable accumulation test minimum rate’ means 

24 the lesser of— 
839 

•HR 925 EAH 

1 ‘‘(A) an annual effective rate of 4 percent, 

2 or 

3 ‘‘(B) the insurance interest rate (as defined 

4 in subsection (f)(11)) in effect at the time the 

5 contract is issued.’’. 

6 (b) MODIFICATION OF MINIMUM RATE FOR PURPOSES

7 OF GUIDELINE PREMIUM REQUIREMENTS.— 

8 (1) IN GENERAL.—Section 7702(c)(3)(B)(iii) of 

9 such Code is amended by striking ‘‘an annual effec10 tive rate of 6 percent’’ and inserting ‘‘the applicable 

11 guideline premium minimum rate’’. 

12 (2) APPLICABLE GUIDELINE PREMIUM MINIMUM

13 RATE.—Section 7702(c)(3) of such Code is amended 

14 by adding at the end the following new subparagraph: 

15 ‘‘(E) APPLICABLE GUIDELINE PREMIUM

16 MINIMUM RATE.—For purposes of subparagraph 

17 (B)(iii), the term ‘applicable guideline premium 

18 minimum rate’ means the applicable accumula19 tion test minimum rate (as defined in subsection 

20 (b)(3)) plus 2 percentage points.’’. 

21 (c) APPLICATION OF MODIFIED MINIMUM RATES TO

22 DETERMINATION OF GUIDELINE LEVEL PREMIUM.—Sec23 tion 7702(c)(4) of such Code is amended— 

24 (1) by striking ‘‘4 percent’’ and inserting ‘‘the 

25 applicable accumulation test minimum rate’’, and 
840 

•HR 925 EAH 

1 (2) by striking ‘‘6 percent’’ and inserting ‘‘the 

2 applicable guideline premium minimum rate’’. 

3 (d) INSURANCE INTEREST RATE.—Section 7702(f) of 

4 such Code is amended by adding at the end the following 

5 new paragraph: 

6 ‘‘(11) INSURANCE INTEREST RATE.—For pur7 poses of this section— 

8 ‘‘(A) IN GENERAL.—The term ‘insurance in9 terest rate’ means, with respect to any contract 

10 issued in any calendar year, the lesser of— 

11 ‘‘(i) the section 7702 valuation interest 

12 rate for such calendar year (or, if such cal13 endar year is not an adjustment year, the 

14 most recent adjustment year), or 

15 ‘‘(ii) the section 7702 applicable Fed16 eral interest rate for such calendar year (or, 

17 if such calendar year is not an adjustment 

18 year, the most recent adjustment year). 

19 ‘‘(B) SECTION 7702 VALUATION INTEREST

20 RATE.—The term ‘section 7702 valuation interest 

21 rate’ means, with respect to any adjustment 

22 year, the prescribed U.S. valuation interest rate 

23 for life insurance with guaranteed durations of 

24 more than 20 years (as defined in the National 

25 Association of Insurance Commissioners’ Stand-
841 

•HR 925 EAH 

1 ard Valuation Law) as effective in the calendar 

2 year immediately preceding such adjustment 

3 year. 

4 ‘‘(C) SECTION 7702 APPLICABLE FEDERAL

5 INTEREST RATE.—The term ‘section 7702 appli6 cable Federal interest rate’ means, with respect 

7 to any adjustment year, the average (rounded to 

8 the nearest whole percentage point) of the appli9 cable Federal mid-term rates (as defined in sec10 tion 1274(d) but based on annual compounding) 

11 effective as of the beginning of each of the cal12 endar months in the most recent 60-month pe13 riod ending before the second calendar year prior 

14 to such adjustment year. 

15 ‘‘(D) ADJUSTMENT YEAR.—The term ‘ad16 justment year’ means the calendar year following 

17 any calendar year that includes the effective date 

18 of a change in the prescribed U.S. valuation in19 terest rate for life insurance with guaranteed du20 rations of more than 20 years (as defined in the 

21 National Association of Insurance Commis22 sioners’ Standard Valuation Law). 

23 ‘‘(E) TRANSITION RULE.—Notwithstanding 

24 subparagraph (A), the insurance interest rate 
842 

•HR 925 EAH 

1 shall be 2 percent in the case of any contract 

2 which is issued during the period that— 

3 ‘‘(i) begins on January 1, 2021, and 

4 ‘‘(ii) ends immediately before the be5 ginning of the first adjustment year that 

6 beings after December 31, 2021.’’. 

7 (e) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply to contracts issued after December 31, 

9 2020. 

10 DIVISION H—GIVING RETIRE11 MENT OPTIONS TO WORKERS 

12 ACT 

13 SEC. 101. SHORT TITLE, ETC. 

14 (a) SHORT TITLE.—This division may be cited as the 

15 ‘‘Giving Retirement Options to Workers Act of 2020’’ or the 

16 ‘‘GROW Act’’. 

17 (b) TABLE OF CONTENTS.—The table of contents for 

18 this division is as follows: 

Sec. 101. Short title, etc. 

Sec. 102. Composite plans. 

Sec. 103. Application of certain requirements to composite plans. 

Sec. 104. Treatment of composite plans under title IV. 

Sec. 105. Conforming changes. 

Sec. 106. Effective date. 

19 SEC. 102. COMPOSITE PLANS. 

20 (a) AMENDMENT TO THE EMPLOYEE RETIREMENT IN21 COME SECURITY ACT OF 1974.— 
843 

•HR 925 EAH 

1 (1) IN GENERAL.—Title I of the Employee Re2 tirement Income Security Act of 1974 (29 U.S.C. 

3 1001 et seq.) is amended by adding at the end the fol4 lowing: 

5 ‘‘PART 8—COMPOSITE PLANS AND LEGACY PLANS 

6 ‘‘SEC. 801. COMPOSITE PLAN DEFINED. 

7 ‘‘(a) IN GENERAL.—For purposes of this Act, the term 

8 ‘composite plan’ means a pension plan— 

9 ‘‘(1) which is a multiemployer plan that is nei10 ther a defined benefit plan nor a defined contribution 

11 plan; 

12 ‘‘(2) the terms of which provide that the plan is 

13 a composite plan for purposes of this title with re14 spect to which not more than one multiemployer de15 fined benefit plan is treated as a legacy plan within 

16 the meaning of section 805, unless there is more than 

17 one legacy plan following a merger of composite plans 

18 under section 806; 

19 ‘‘(3) which provides systematically for the pay20 ment of benefits— 

21 ‘‘(A) objectively calculated pursuant to a 

22 formula enumerated in the plan document with 

23 respect to plan participants after retirement, for 

24 life; and 
844 

•HR 925 EAH 

1 ‘‘(B) in the form of life annuities, except for 

2 benefits which under section 203(e) may be im3 mediately distributed without the consent of the 

4 participant; 

5 ‘‘(4) for which the plan contributions for the first 

6 plan year are at least 120 percent of the normal cost 

7 for the plan year; 

8 ‘‘(5) which requires— 

9 ‘‘(A) an annual valuation of the liability of 

10 the plan as of a date within the plan year to 

11 which the valuation refers or within one month 

12 prior to the beginning of such year; 

13 ‘‘(B) an annual actuarial determination of 

14 the plan’s current funded ratio and projected 

15 funded ratio under section 802(a); 

16 ‘‘(C) corrective action through a realign17 ment program pursuant to section 803 whenever 

18 the plan’s projected funded ratio is below 120 

19 percent for the plan year; and 

20 ‘‘(D) an annual notification to each partici21 pant describing the participant’s benefits under 

22 the plan and explaining that such benefits may 

23 be subject to reduction under a realignment pro24 gram pursuant to section 803 based on the plan’s 

25 funded status in future plan years; and 
845 

•HR 925 EAH 

1 ‘‘(6) the board of trustees of which includes at 

2 least one retiree or beneficiary in pay status during 

3 each plan year following the first plan year in which 

4 at least 5 percent of the participants in the plan are 

5 retirees or beneficiaries in pay status. 

6 ‘‘(b) TRANSITION FROM A MULTIEMPLOYER DEFINED

7 BENEFIT PLAN.— 

8 ‘‘(1) IN GENERAL.—The plan sponsor of a de9 fined benefit plan that is a multiemployer plan may, 

10 subject to paragraph (2), amend the plan to incor11 porate the features of a composite plan as a compo12 nent of the multiemployer plan separate from the de13 fined benefit plan component, except in the case of a 

14 defined benefit plan for which the plan actuary has 

15 certified under section 305(b)(3) that the plan is or 

16 will be in critical status for the plan year in which 

17 such amendment would become effective or for any of 

18 the succeeding 5 plan years. 

19 ‘‘(2) REQUIREMENTS.—Any amendment pursu20 ant to paragraph (1) to incorporate the features of a 

21 composite plan as a component of a multiemployer 

22 plan shall— 

23 ‘‘(A) apply with respect to all collective bar24 gaining agreements providing for contributions 
846 

•HR 925 EAH 

1 to the multiemployer plan on or after the effec2 tive date of the amendment; 

3 ‘‘(B) apply with respect to all participants 

4 in the multiemployer plan for whom contribu5 tions are made to the multiemployer plan on or 

6 after the effective date of the amendment; 

7 ‘‘(C) specify that the effective date of the 

8 amendment is— 

9 ‘‘(i) the first day of a specified plan 

10 year following the date of the adoption of 

11 the amendment, except that the plan spon12 sor may alternatively provide for a separate 

13 effective date with respect to each collective 

14 bargaining agreement under which con15 tributions to the multiemployer plan are re16 quired, which shall occur on the first day of 

17 the first plan year beginning after the ter18 mination, or if earlier, the re-opening, of 

19 each such agreement, or such earlier date as 

20 the parties to the agreement and the plan 

21 sponsor of the multiemployer plan shall 

22 agree to; and 

23 ‘‘(ii) not later than the first day of the 

24 fifth plan year beginning on or after the 

25 date of the adoption of the amendment; 
847 

•HR 925 EAH 

1 ‘‘(D) specify that, as of the amendment’s ef2 fective date, no further benefits shall accrue 

3 under the defined benefit component of the multi4 employer plan; and 

5 ‘‘(E) specify that, as of the amendment’s ef6 fective date, the plan sponsor of the multiem7 ployer plan shall be the plan sponsor of both the 

8 composite plan component and the defined ben9 efit plan component of the plan. 

10 ‘‘(3) SPECIAL RULES.—If a multiemployer plan 

11 is amended pursuant to paragraph (1)— 

12 ‘‘(A) the requirements of this title and title 

13 IV shall be applied to the composite plan compo14 nent and the defined benefit plan component of 

15 the multiemployer plan as if each such compo16 nent were maintained as a separate plan; and 

17 ‘‘(B) the assets of the composite plan compo18 nent and the defined benefit plan component of 

19 the plan shall be held in a single trust forming 

20 part of the plan under which the trust instru21 ment expressly provides— 

22 ‘‘(i) for separate accounts (and appro23 priate records) to be maintained to reflect 

24 the interest which each of the plan compo25 nents has in the trust, including separate 
848 

•HR 925 EAH 

1 accounting for additions to the trust for the 

2 benefit of each plan component, disburse3 ments made from each plan component’s ac4 count in the trust, investment experience of 

5 the trust allocable to that account, and ad6 ministrative expenses (whether direct ex7 penses or shared expenses allocated propor8 tionally), and permits, but does not require, 

9 the pooling of some or all of the assets of the 

10 two plan components for investment pur11 poses; and 

12 ‘‘(ii) that the assets of each of the two 

13 plan components shall be held, invested, re14 invested, managed, administered and dis15 tributed for the exclusive benefit of the par16 ticipants and beneficiaries of each such 

17 plan component, and in no event shall the 

18 assets of one of the plan components be 

19 available to pay benefits due under the 

20 other plan component. 

21 ‘‘(4) NOT A TERMINATION EVENT.—Notwith22 standing section 4041A, an amendment pursuant to 

23 paragraph (1) to incorporate the features of a com24 posite plan as a component of a multiemployer plan 
849 

•HR 925 EAH 

1 does not constitute termination of the multiemployer 

2 plan. 

3 ‘‘(5) NOTICE TO THE SECRETARY.— 

4 ‘‘(A) NOTICE.—The plan sponsor of a com5 posite plan shall provide notice to the Secretary 

6 of the intent to establish the composite plan (or, 

7 in the case of a composite plan incorporated as 

8 a component of a multiemployer plan as de9 scribed in paragraph (1), the intent to amend 

10 the multiemployer plan to incorporate such com11 posite plan) at least 30 days prior to the effective 

12 date of such establishment or amendment. 

13 ‘‘(B) CERTIFICATION.—In the case of a 

14 composite plan incorporated as a component of 

15 a multiemployer plan as described in paragraph 

16 (1), such notice shall include a certification by 

17 the plan actuary under section 305(b)(3) that the 

18 effective date of the amendment occurs in a plan 

19 year for which the multiemployer plan is not in 

20 critical status for that plan year and any of the 

21 succeeding 5 plan years. 

22 ‘‘(6) REFERENCES TO COMPOSITE PLAN COMPO23 NENT.—As used in this part, the term ‘composite 

24 plan’ includes a composite plan component added to 

25 a defined benefit plan pursuant to paragraph (1). 
850 

•HR 925 EAH 

1 ‘‘(7) RULE OF CONSTRUCTION.—Paragraph 

2 (2)(A) shall not be construed as preventing the plan 

3 sponsor of a multiemployer plan from adopting an 

4 amendment pursuant to paragraph (1) because some 

5 collective bargaining agreements are amended to cease 

6 any covered employer’s obligation to contribute to the 

7 multiemployer plan before or after the plan amend8 ment is effective. Paragraph (2)(B) shall not be con9 strued as preventing the plan sponsor of a multiem10 ployer plan from adopting an amendment pursuant 

11 to paragraph (1) because some participants cease to 

12 have contributions made to the multiemployer plan 

13 on their behalf before or after the plan amendment is 

14 effective. 

15 ‘‘(c) COORDINATION WITH FUNDING RULES.—Except 

16 as otherwise provided in this title, sections 302, 304, and 

17 305 shall not apply to a composite plan. 

18 ‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur19 poses of this Act (other than sections 302 and 4245), a com20 posite plan shall be treated as if it were a defined benefit 

21 plan unless a different treatment is provided for under ap22 plicable law. 

23 ‘‘SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS. 

24 ‘‘(a) CERTIFICATION OF FUNDED RATIOS.— 
851 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—Not later than the one-hun2 dred twentieth day of each plan year of a composite 

3 plan, the plan actuary of the composite plan shall 

4 certify to the Secretary, the Secretary of the Treasury, 

5 and the plan sponsor the plan’s current funded ratio 

6 and projected funded ratio for the plan year. 

7 ‘‘(2) DETERMINATION OF CURRENT FUNDED

8 RATIO AND PROJECTED FUNDED RATIO.—For pur9 poses of this section: 

10 ‘‘(A) CURRENT FUNDED RATIO.—The cur11 rent funded ratio is the ratio (expressed as a 

12 percentage) of— 

13 ‘‘(i) the value of the plan’s assets as of 

14 the first day of the plan year; to 

15 ‘‘(ii) the plan actuary’s best estimate of 

16 the present value of the plan liabilities as of 

17 the first day of the plan year. 

18 ‘‘(B) PROJECTED FUNDED RATIO.—The pro19 jected funded ratio is the current funded ratio 

20 projected to the first day of the fifteenth plan 

21 year following the plan year for which the deter22 mination is being made. 

23 ‘‘(3) CONSIDERATION OF CONTRIBUTION RATE

24 INCREASES.—For purposes of projections under this 

25 subsection, the plan sponsor may anticipate contribu-
852 

•HR 925 EAH 

1 tion rate increases beyond the term of the current col2 lective bargaining agreement and any agreed-to sup3 plements, up to a maximum of 2.5 percent per year, 

4 compounded annually, unless it would be unreason5 able under the circumstances to assume that contribu6 tions would increase by that amount. 

7 ‘‘(b) ACTUARIAL ASSUMPTIONS AND METHODS.—For 

8 purposes of this part: 

9 ‘‘(1) IN GENERAL.—All costs, liabilities, rates of 

10 interest and other factors under the plan shall be de11 termined for a plan year on the basis of actuarial as12 sumptions and methods— 

13 ‘‘(A) each of which is reasonable (taking 

14 into account the experience of the plan and rea15 sonable expectations); 

16 ‘‘(B) which, in combination, offer the actu17 ary’s best estimate of anticipated experience 

18 under the plan; and 

19 ‘‘(C) with respect to which any change from 

20 the actuarial assumptions and methods used in 

21 the previous plan year shall be certified by the 

22 plan actuary and the actuarial rationale for 

23 such change provided in the annual report re24 quired by section 103. 
853 

•HR 925 EAH 

1 ‘‘(2) FAIR MARKET VALUE OF ASSETS.—The 

2 value of the plan’s assets shall be taken into account 

3 on the basis of their fair market value. 

4 ‘‘(3) DETERMINATION OF NORMAL COST AND

5 PLAN LIABILITIES.—A plan’s normal cost and liabil6 ities shall be based on the most recent actuarial valu7 ation required under section 801(a)(5)(A) and the 

8 unit credit funding method. 

9 ‘‘(4) TIME WHEN CERTAIN CONTRIBUTIONS

10 DEEMED MADE.—Any contributions for a plan year 

11 made by an employer after the last day of such plan 

12 year, but not later than two and one-half months 

13 after such day, shall be deemed to have been made on 

14 such last day. For purposes of this paragraph, such 

15 two and one-half month period may be extended for 

16 not more than six months under regulations pre17 scribed by the Secretary of the Treasury. 

18 ‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.— 

19 Except where otherwise provided in this part, the pro20 visions of section 305(b)(3)(B) shall apply to any de21 termination or projection under this part. 

22 ‘‘SEC. 803. REALIGNMENT PROGRAM. 

23 ‘‘(a) REALIGNMENT PROGRAM.— 

24 ‘‘(1) ADOPTION.—In any case in which the plan 

25 actuary certifies under section 802(a) that the plan’s 
854 

•HR 925 EAH 

1 projected funded ratio is below 120 percent for the 

2 plan year, the plan sponsor shall adopt a realignment 

3 program under paragraph (2) not later than 210 

4 days after the due date of the certification required 

5 under such section 802(a). The plan sponsor shall 

6 adopt an updated realignment program for each suc7 ceeding plan year for which a certification described 

8 in the preceding sentence is made. 

9 ‘‘(2) CONTENT OF REALIGNMENT PROGRAM.— 

10 ‘‘(A) IN GENERAL.—A realignment program 

11 adopted under this paragraph is a written pro12 gram which consists of all reasonable measures, 

13 including options or a range of options to be un14 dertaken by the plan sponsor or proposed to the 

15 bargaining parties, formulated, based on reason16 ably anticipated experience and reasonable actu17 arial assumptions, to enable the plan to achieve 

18 a projected funded ratio of at least 120 percent 

19 for the following plan year. 

20 ‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea21 sonable measures under a realignment program 

22 described in subparagraph (A) may include any 

23 of the following: 

24 ‘‘(i) Proposed contribution increases. 
855 

•HR 925 EAH 

1 ‘‘(ii) A reduction in the rate of future 

2 benefit accruals, so long as the resulting 

3 rate is not less than 1 percent of the con4 tributions on which benefits are based as of 

5 the start of the plan year (or the equivalent 

6 standard accrual rate as described in sec7 tion 305(e)(6)). 

8 ‘‘(iii) A modification or elimination of 

9 adjustable benefits of participants that are 

10 not in pay status before the date of the no11 tice required under subsection (b)(1). 

12 ‘‘(iv) Any other lawfully available 

13 measures not specifically described in this 

14 subparagraph or subparagraph (C) or (D) 

15 that the plan sponsor determines are rea16 sonable. 

17 ‘‘(C) ADDITIONAL PROGRAM ELEMENTS.—If 

18 the plan sponsor has determined that all reason19 able measures available under subparagraph (B) 

20 will not enable the plan to achieve a projected 

21 funded ratio of at least 120 percent for the fol22 lowing plan year, such reasonable measures may 

23 also include— 
856 

•HR 925 EAH 

1 ‘‘(i) a reduction of accrued benefits 

2 that are not in pay status by the date of the 

3 notice required under subsection (b)(1); or 

4 ‘‘(ii) a reduction of any benefits of 

5 participants that are in pay status before 

6 the date of the notice required under sub7 section (b)(1) other than core benefits as de8 fined in paragraph (4). 

9 ‘‘(D) ADDITIONAL REDUCTIONS.—In the 

10 case of a composite plan for which the plan 

11 sponsor has determined that all reasonable meas12 ures available under subparagraphs (B) and (C) 

13 will not enable the plan to achieve a projected 

14 funded ratio of at least 120 percent for the fol15 lowing plan year, such reasonable measures may 

16 also include— 

17 ‘‘(i) a further reduction in the rate of 

18 future benefit accruals without regard to the 

19 limitation applicable under subparagraph 

20 (B)(ii); or 

21 ‘‘(ii) a reduction of core benefits; 

22 provided that such reductions shall be equitably 

23 distributed across the participant and bene24 ficiary population, taking into account factors, 

25 with respect to participants and beneficiaries 
857 

•HR 925 EAH 

1 and their benefits, that may include one or more 

2 of the factors listed in subclauses (I) through (X) 

3 of section 305(e)(9)(D)(vi), to the extent nec4 essary to enable the plan to achieve a projected 

5 funded ratio of at least 120 percent for the fol6 lowing plan year, or at the election of the plan 

7 sponsor, a projected funded ratio of at least 100 

8 percent for the following plan year and a current 

9 funded ratio of at least 90 percent. 

10 ‘‘(3) ADJUSTABLE BENEFIT DEFINED.—For pur11 poses of this part, the term ‘adjustable benefit’ 

12 means— 

13 ‘‘(A) benefits, rights, and features under the 

14 plan, including post-retirement death benefits, 

15 60-month guarantees, disability benefits not yet 

16 in pay status, and similar benefits; 

17 ‘‘(B) any early retirement benefit or retire18 ment-type subsidy (within the meaning of sec19 tion 204(g)(2)(A)) and any benefit payment op20 tion (other than the qualified joint and survivor 

21 annuity); and 

22 ‘‘(C) benefit increases that were adopted (or, 

23 if later, took effect) less than 60 months before 

24 the first day such realignment program took ef25 fect. 
858 

•HR 925 EAH 

1 ‘‘(4) CORE BENEFIT DEFINED.—For purposes of 

2 this part, the term ‘core benefit’ means a partici3 pant’s accrued benefit payable in the normal form of 

4 an annuity commencing at normal retirement age, 

5 determined without regard to— 

6 ‘‘(A) any early retirement benefits, retire7 ment-type subsidies, or other benefits, rights, or 

8 features that may be associated with that benefit; 

9 and 

10 ‘‘(B) any cost-of-living adjustments or ben11 efit increases effective after the date of retire12 ment. 

13 ‘‘(5) COORDINATION WITH CONTRIBUTION IN14 CREASES.— 

15 ‘‘(A) IN GENERAL.—A realignment program 

16 may provide that some or all of the benefit modi17 fications described in the program will only take 

18 effect if the bargaining parties fail to agree to 

19 specified levels of increases in contributions to 

20 the plan, effective as of specified dates. 

21 ‘‘(B) INDEPENDENT BENEFIT MODIFICA22 TIONS.—If a realignment program adopts any 

23 changes to the benefit formula that are inde24 pendent of potential contribution increases, such 

25 changes shall take effect not later than 180 days 
859 

•HR 925 EAH 

1 after the first day of the first plan year that be2 gins following the adoption of the realignment 

3 program. 

4 ‘‘(C) CONDITIONAL BENEFIT MODIFICA5 TIONS.—If a realignment program adopts any 

6 changes to the benefit formula that take effect 

7 only if the bargaining parties fail to agree to 

8 contribution increases, such changes shall take ef9 fect not later than the first day of the first plan 

10 year beginning after the third anniversary of the 

11 date of adoption of the realignment program. 

12 ‘‘(D) REVOCATION OF CERTAIN BENEFIT

13 MODIFICATIONS.—Benefit modifications de14 scribed in subparagraph (C) may be revoked, in 

15 whole or in part, and retroactively or prospec16 tively, when contributions to the plan are in17 creased, as specified in the realignment program, 

18 including any amendments thereto. The pre19 ceding sentence shall not apply unless the con20 tribution increases are to be effective not later 

21 than the fifth anniversary of the first day of the 

22 first plan year that begins after the adoption of 

23 the realignment program. 

24 ‘‘(b) NOTICE.— 
860 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—In any case in which it is 

2 certified under section 802(a) that the projected fund3 ed ratio is less than 120 percent, the plan sponsor 

4 shall, not later than 30 days after the date of the cer5 tification, provide notification of the current and pro6 jected funded ratios to the participants and bene7 ficiaries, the bargaining parties, and the Secretary. 

8 Such notice shall include— 

9 ‘‘(A) an explanation that contribution rate 

10 increases or benefit reductions may be necessary; 

11 ‘‘(B) a description of the types of benefits 

12 that might be reduced; and 

13 ‘‘(C) an estimate of the contribution in14 creases and benefit reductions that may be nec15 essary to achieve a projected funded ratio of 120 

16 percent. 

17 ‘‘(2) NOTICE OF BENEFIT MODIFICATIONS.— 

18 ‘‘(A) IN GENERAL.—No modifications may 

19 be made that reduce the rate of future benefit ac20 crual or that reduce core benefits or adjustable 

21 benefits unless notice of such reduction has been 

22 given at least 180 days before the general effec23 tive date of such reduction for all participants 

24 and beneficiaries to— 
861 

•HR 925 EAH 

1 ‘‘(i) plan participants and bene2 ficiaries; 

3 ‘‘(ii) each employer who has an obliga4 tion to contribute to the composite plan; 

5 and 

6 ‘‘(iii) each employee organization 

7 which, for purposes of collective bargaining, 

8 represents plan participants employed by 

9 such employers. 

10 ‘‘(B) CONTENT OF NOTICE.—The notice 

11 under subparagraph (A) shall contain— 

12 ‘‘(i) sufficient information to enable 

13 participants and beneficiaries to under14 stand the effect of any reduction on their 

15 benefits, including an illustration of any af16 fected benefit or subsidy, on an annual or 

17 monthly basis that a participant or bene18 ficiary would otherwise have been eligible 

19 for as of the general effective date described 

20 in subparagraph (A); and 

21 ‘‘(ii) information as to the rights and 

22 remedies of plan participants and bene23 ficiaries as well as how to contact the De24 partment of Labor for further information 

25 and assistance, where appropriate. 
862 

•HR 925 EAH 

1 ‘‘(C) FORM AND MANNER.—Any notice 

2 under subparagraph (A)— 

3 ‘‘(i) shall be provided in a form and 

4 manner prescribed in regulations of the Sec5 retary of Labor; 

6 ‘‘(ii) shall be written in a manner so 

7 as to be understood by the average plan 

8 participant. 

9 ‘‘(3) MODEL NOTICES.—The Secretary shall— 

10 ‘‘(A) prescribe model notices that the plan 

11 sponsor of a composite plan may use to satisfy 

12 the notice requirements under this subsection; 

13 and 

14 ‘‘(B) by regulation enumerate any details 

15 related to the elements listed in paragraph (1) 

16 that any notice under this subsection must in17 clude. 

18 ‘‘(4) DELIVERY METHOD.—Any notice under this 

19 part shall be provided in writing and may also be 

20 provided in electronic form to the extent that the form 

21 is reasonably accessible to persons to whom the notice 

22 is provided. 

23 ‘‘SEC. 804. LIMITATION ON INCREASING BENEFITS. 

24 ‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except 

25 as provided in subsections (c), (d), and (e), no plan amend-
863 

•HR 925 EAH 

1 ment increasing benefits or establishing new benefits under 

2 a composite plan may be adopted for a plan year unless— 

3 ‘‘(1) the plan’s current funded ratio is at least 

4 110 percent (without regard to the benefit increase or 

5 new benefits); 

6 ‘‘(2) taking the benefit increase or new benefits 

7 into account, the current funded ratio is at least 100 

8 percent and the projected funded ratio for the current 

9 plan year is at least 120 percent; 

10 ‘‘(3) in any case in which, after taking the ben11 efit increase or new benefits into account, the current 

12 funded ratio is less than 140 percent and the pro13 jected funded ratio is less than 140 percent, the ben14 efit increase or new benefits are projected by the plan 

15 actuary to increase the present value of the plan’s li16 abilities for the plan year by not more than 3 percent; 

17 and 

18 ‘‘(4) expected contributions for the current plan 

19 year are at least 120 percent of normal cost for the 

20 plan year, determined using the unit credit funding 

21 method and treating the benefit increase or new bene22 fits as in effect for the entire plan year. 

23 ‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE BEN24 EFITS REDUCED.—If a plan has been amended to reduce 

25 core benefits pursuant to a realignment program under sec-
864 

•HR 925 EAH 

1 tion 803(a)(2)(D), such plan may not be subsequently 

2 amended to increase core benefits unless the amendment— 

3 ‘‘(1) increases the level of future benefit pay4 ments only; and 

5 ‘‘(2) provides for an equitable distribution of 

6 benefit increases across the participant and bene7 ficiary population, taking into account the extent to 

8 which the benefits of participants were previously re9 duced pursuant to such realignment program. 

10 ‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE

11 LAW.—Subsection (a) shall not apply in connection with 

12 a plan amendment if the amendment is required as a condi13 tion of qualification under part I of subchapter D of chapter 

14 1 of the Internal Revenue Code of 1986 or to comply with 

15 other applicable law. 

16 ‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE

17 LIMIT APPLIES.—Subsection (a) shall not apply in connec18 tion with a plan amendment if and to the extent that con19 tributions to the composite plan would not be deductible for 

20 the plan year under section 404(a)(1)(E) of the Internal 

21 Revenue Code of 1986 if the plan amendment is not adopt22 ed. 

23 ‘‘(e) EXCEPTION FOR CERTAIN BENEFIT MODIFICA24 TIONS.—Subsection (a) shall not apply in connection with 
865 

•HR 925 EAH 

1 a plan amendment under section 803(a)(5)(C), regarding 

2 conditional benefit modifications. 

3 ‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur4 poses of this section— 

5 ‘‘(1) if two or more plan amendments increasing 

6 benefits or establishing new benefits are adopted in a 

7 plan year, such amendments shall be treated as a sin8 gle amendment adopted on the last day of the plan 

9 year; 

10 ‘‘(2) all benefit increases and new benefits adopt11 ed in a single amendment are treated as a single ben12 efit increase, irrespective of whether the increases and 

13 new benefits take effect in more than one plan year; 

14 and 

15 ‘‘(3) increases in contributions or decreases in 

16 plan liabilities which are scheduled to take effect in 

17 future plan years may be taken into account in con18 nection with a plan amendment if they have been 

19 agreed to in writing or otherwise formalized by the 

20 date the plan amendment is adopted. 

21 ‘‘SEC. 805. COMPOSITE PLAN RESTRICTIONS TO PRESERVE 

22 LEGACY PLAN FUNDING. 

23 ‘‘(a) TREATMENT AS A LEGACY PLAN.— 

24 ‘‘(1) IN GENERAL.—For purposes of this part 

25 and parts 2 and 3, a defined benefit plan shall be 
866 

•HR 925 EAH 

1 treated as a legacy plan with respect to the composite 

2 plan under which the employees who were eligible to 

3 accrue a benefit under the defined benefit plan become 

4 eligible to accrue a benefit under such composite plan. 

5 ‘‘(2) COMPONENT PLANS.—In any case in which 

6 a defined benefit plan is amended to add a composite 

7 plan component pursuant to section 801(b), para8 graph (1) shall be applied by substituting ‘defined 

9 benefit component’ for ‘defined benefit plan’ and 

10 ‘composite plan component’ for ‘composite plan’. 

11 ‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For 

12 purposes of paragraph (1), an employee is considered 

13 eligible to accrue a benefit under a composite plan as 

14 of the first day in which the employee completes an 

15 hour of service under a collective bargaining agree16 ment that provides for contributions to and accruals 

17 under the composite plan in lieu of accruals under the 

18 legacy plan. 

19 ‘‘(4) COLLECTIVE BARGAINING AGREEMENT.—As 

20 used in this part, the term ‘collective bargaining 

21 agreement’ includes any agreement under which an 

22 employer has an obligation to contribute to a plan. 

23 ‘‘(5) OTHER TERMS.—Any term used in this 

24 part which is not defined in this part and which is 
867 

•HR 925 EAH 

1 also used in section 305 shall have the same meaning 

2 provided such term in such section. 

3 ‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE

4 PLAN OF AGREEMENTS AND CONTRIBUTIONS.— 

5 ‘‘(1) IN GENERAL.—The plan sponsor of a com6 posite plan shall not accept or recognize a collective 

7 bargaining agreement (or any modification to such 

8 agreement), and no contributions may be accepted 

9 and no benefits may be accrued or otherwise earned 

10 under the agreement— 

11 ‘‘(A) in any case in which the plan actuary 

12 of any defined benefit plan that would be treated 

13 as a legacy plan with respect to such composite 

14 plan has certified under section 305(b)(3) that 

15 such defined benefit plan is or will be in critical 

16 status for the plan year in which such agreement 

17 would take effect or for any of the succeeding 5 

18 plan years; and 

19 ‘‘(B) unless the agreement requires each em20 ployer who is a party to such agreement, includ21 ing employers whose employees are not partici22 pants in the legacy plan, to provide contribu23 tions to the legacy plan with respect to such com24 posite plan in a manner that satisfies the transi25 tion contribution requirements of subsection (d). 
868 

•HR 925 EAH 

1 ‘‘(2) NOTICE.—Not later than 30 days after a de2 termination by a plan sponsor of a composite plan 

3 that an agreement fails to satisfy the requirements de4 scribed in paragraph (1), the plan sponsor shall pro5 vide notification of such failure and the reasons for 

6 such determination— 

7 ‘‘(A) to the parties to the agreement; 

8 ‘‘(B) to active participants of the composite 

9 plan who have ceased to accrue or otherwise earn 

10 benefits with respect to service with an employer 

11 pursuant to paragraph (1); and 

12 ‘‘(C) to the Secretary, the Secretary of the 

13 Treasury, and the Pension Benefit Guaranty 

14 Corporation. 

15 ‘‘(3) LIMITATION ON RETROACTIVE EFFECT.— 

16 This subsection shall not apply to benefits accrued be17 fore the date on which notice is provided under para18 graph (2). 

19 ‘‘(c) RESTRICTION ON ACCRUAL OF BENEFITS UNDER

20 A COMPOSITE PLAN.— 

21 ‘‘(1) IN GENERAL.—In any case in which an em22 ployer, under a collective bargaining agreement en23 tered into after the date of enactment of the Giving 

24 Retirement Options to Workers Act of 2020, ceases to 

25 have an obligation to contribute to a multiemployer 
869 

•HR 925 EAH 

1 defined benefit plan, no employees employed by the 

2 employer may accrue or otherwise earn benefits under 

3 any composite plan, with respect to service with that 

4 employer, for a 60-month period beginning on the 

5 date on which the employer entered into such collec6 tive bargaining agreement. 

7 ‘‘(2) NOTICE OF CESSATION OF OBLIGATION.— 

8 Within 30 days of determining that an employer has 

9 ceased to have an obligation to contribute to a legacy 

10 plan with respect to employees employed by an em11 ployer that is or will be contributing to a composite 

12 plan with respect to service of such employees, the 

13 plan sponsor of the legacy plan shall notify the plan 

14 sponsor of the composite plan of that cessation. 

15 ‘‘(3) NOTICE OF CESSATION OF ACCRUALS.—Not 

16 later than 30 days after determining that an em17 ployer has ceased to have an obligation to contribute 

18 to a legacy plan, the plan sponsor of the composite 

19 plan shall notify the bargaining parties, the active 

20 participants affected by the cessation of accruals, the 

21 Secretary, the Secretary of the Treasury, and the Pen22 sion Benefit Guaranty Corporation of the cessation of 

23 accruals, the period during which such cessation is in 

24 effect, and the reasons therefor. 
870 

•HR 925 EAH 

1 ‘‘(4) LIMITATION ON RETROACTIVE EFFECT.— 

2 This subsection shall not apply to benefits accrued be3 fore the date on which notice is provided under para4 graph (3). 

5 ‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.— 

6 ‘‘(1) IN GENERAL.—A collective bargaining 

7 agreement satisfies the transition contribution re8 quirements of this subsection if the agreement— 

9 ‘‘(A) authorizes payment of contributions to 

10 a legacy plan at a rate or rates equal to or 

11 greater than the transition contribution rate es12 tablished by the legacy plan under paragraph 

13 (2); and 

14 ‘‘(B) does not provide for— 

15 ‘‘(i) a suspension of contributions to 

16 the legacy plan with respect to any period 

17 of service; or 

18 ‘‘(ii) any new direct or indirect exclu19 sion of younger or newly hired employees of 

20 the employer from being taken into account 

21 in determining contributions owed to the 

22 legacy plan. 

23 ‘‘(2) TRANSITION CONTRIBUTION RATE.— 

24 ‘‘(A) IN GENERAL.—The transition con25 tribution rate for a plan year is the contribution 
871 

•HR 925 EAH 

1 rate that, as certified by the actuary of the leg2 acy plan in accordance with the principles in 

3 section 305(b)(3)(B), is reasonably expected to be 

4 adequate— 

5 ‘‘(i) to fund the normal cost for the 

6 plan year; 

7 ‘‘(ii) to amortize the plan’s unfunded 

8 liabilities in level annual installments over 

9 25 years, beginning with the plan year in 

10 which the transition contribution rate is 

11 first established; and 

12 ‘‘(iii) to amortize any subsequent 

13 changes in the legacy plan’s unfunded li14 ability due to experience gains or losses (in15 cluding investment gains or losses, gains or 

16 losses due to contributions greater or less 

17 than the contributions made under the prior 

18 transition contribution rate, and other actu19 arial gains or losses), changes in actuarial 

20 assumptions, changes to the legacy plan’s 

21 benefits, or changes in funding method over 

22 a period of 15 plan years beginning with 

23 the plan year in which such change in un24 funded liability is incurred. 
872 

•HR 925 EAH 

1 The transition contribution rate for any plan 

2 year may not be less than the transition con3 tribution rate for the plan year in which such 

4 rate is first established. 

5 ‘‘(B) MULTIPLE RATES.—If different rates 

6 of contribution are payable to the legacy plan by 

7 different employers or for different classes of em8 ployees, the certification shall specify a transi9 tion contribution rate for each such employer. 

10 ‘‘(C) RATE APPLICABLE TO EMPLOYER.— 

11 ‘‘(i) IN GENERAL.—Except as provided 

12 by clause (ii), the transition contribution 

13 rate applicable to an employer for a plan 

14 year is the rate in effect for the plan year 

15 of the legacy plan that commences on or 

16 after 180 days before the earlier of— 

17 ‘‘(I) the effective date of the collec18 tive bargaining agreement pursuant to 

19 which the employer contributes to the 

20 legacy plan; or 

21 ‘‘(II) 5 years after the last plan 

22 year for which the transition contribu23 tion rate applicable to the employer 

24 was established or updated. 
873 

•HR 925 EAH 

1 ‘‘(ii) EXCEPTION.—The transition con2 tribution rate applicable to an employer for 

3 the first plan year beginning on or after the 

4 commencement of the employer’s obligation 

5 to contribute to the composite plan is the 

6 rate in effect for the plan year of the legacy 

7 plan that commences on or after 180 days 

8 before such first plan year. 

9 ‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL

10 CIRCUMSTANCES.—If the plan actuary of the leg11 acy plan has certified under section 305 that the 

12 plan is in endangered or critical status for a 

13 plan year, the transition contribution rate for 

14 the following plan year is the rate determined 

15 with respect to the employer under the legacy 

16 plan’s funding improvement or rehabilitation 

17 plan under section 305, if greater than the rate 

18 otherwise determined, but in no event greater 

19 than 75 percent of the sum of the contribution 

20 rates applicable to the legacy plan and the com21 posite plan for the plan year. 

22 ‘‘(E) OTHER ACTUARIAL ASSUMPTIONS AND

23 METHODS.—Except as provided in subparagraph 

24 (A), the determination of the transition contribu25 tion rate for a plan year shall be based on actu-
874 

•HR 925 EAH 

1 arial assumptions and methods consistent with 

2 the minimum funding determinations made 

3 under section 304 (or, if applicable, section 305) 

4 with respect to the legacy plan for the plan year. 

5 ‘‘(F) ADJUSTMENTS IN RATE.—The plan 

6 sponsor of a legacy plan from time to time may 

7 adjust the transition contribution rate or rates 

8 applicable to an employer under this paragraph 

9 by increasing some rates and decreasing others if 

10 the actuary certifies that such adjusted rates in 

11 combination will produce projected contribution 

12 income for the plan year beginning on or after 

13 the date of certification that is not less than 

14 would be produced by the transition contribution 

15 rates in effect at the time of the certification. 

16 ‘‘(G) NOTICE OF TRANSITION CONTRIBUTION

17 RATE.—The plan sponsor of a legacy plan shall 

18 provide notice to the parties to collective bar19 gaining agreements pursuant to which contribu20 tions are made to the legacy plan of changes to 

21 the transition contribution rate requirements at 

22 least 30 days before the beginning of the plan 

23 year for which the rate is effective. 

24 ‘‘(H) NOTICE TO COMPOSITE PLAN SPON25 SOR.—Not later than 30 days after a determina-
875 

•HR 925 EAH 

1 tion by the plan sponsor of a legacy plan that 

2 a collective bargaining agreement provides for a 

3 rate of contributions that is below the transition 

4 contribution rate applicable to one or more em5 ployers that are parties to the collective bar6 gaining agreement, the plan sponsor of the leg7 acy plan shall notify the plan sponsor of any 

8 composite plan under which employees of such 

9 employer would otherwise be eligible to accrue a 

10 benefit. 

11 ‘‘(3) CORRECTION PROCEDURES.—Pursuant to 

12 standards prescribed by the Secretary, the plan spon13 sor of a composite plan shall adopt rules and proce14 dures that give the parties to the collective bargaining 

15 agreement notice of the failure of such agreement to 

16 satisfy the transition contribution requirements of 

17 this subsection, and a reasonable opportunity to cor18 rect such failure, not to exceed 180 days from the date 

19 of notice given under subsection (b)(2). 

20 ‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A collec21 tive bargaining agreement may provide for supple22 mental contributions to the legacy plan for a plan 

23 year in excess of the transition contribution rate de24 termined under paragraph (2), regardless of whether 
876 

•HR 925 EAH 

1 the legacy plan is in endangered or critical status for 

2 such plan year. 

3 ‘‘(e) NONAPPLICATION OF COMPOSITE PLAN RESTRIC4 TIONS.— 

5 ‘‘(1) IN GENERAL.—The provisions of subsections 

6 (a), (b), and (c) shall not apply with respect to a col7 lective bargaining agreement, to the extent the agree8 ment, or a predecessor agreement, provides or pro9 vided for contributions to a defined benefit plan that 

10 is a legacy plan, as of the first day of the first plan 

11 year following a plan year for which the plan actuary 

12 certifies that the plan is fully funded, has been fully 

13 funded for at least three out of the immediately pre14 ceding 5 plan years, and is projected to remain fully 

15 funded for at least the following 4 plan years. 

16 ‘‘(2) DETERMINATION OF FULLY FUNDED.—A 

17 plan is fully funded for purposes of paragraph (1) if, 

18 as of the valuation date of the plan for a plan year, 

19 the value of the plan’s assets equals or exceeds the 

20 present value of the plan’s liabilities, determined in 

21 accordance with the rules prescribed by the Pension 

22 Benefit Guaranty Corporation under sections 

23 4219(c)(1)(D) and 4281 for multiemployer plans ter24 minating by mass withdrawal, as in effect for the 

25 date of the determination, except the plan’s reasonable 
877 

•HR 925 EAH 

1 assumption regarding the starting date of benefits 

2 may be used. 

3 ‘‘(3) OTHER APPLICABLE RULES.—Except as 

4 provided in paragraph (2), actuarial determinations 

5 and projections under this section shall be based on 

6 the rules in section 305(b)(3) and section 802(b). 

7 ‘‘SEC. 806. MERGERS AND ASSET TRANSFERS OF COM8 POSITE PLANS. 

9 ‘‘(a) IN GENERAL.—Assets and liabilities of a com10 posite plan may only be merged with, or transferred to, an11 other plan if— 

12 ‘‘(1) the other plan is a composite plan; 

13 ‘‘(2) the plan or plans resulting from the merger 

14 or transfer is a composite plan; 

15 ‘‘(3) no participant’s accrued benefit or adjust16 able benefit is lower immediately after the transaction 

17 than it was immediately before the transaction; and 

18 ‘‘(4) the value of the assets transferred in the 

19 case of a transfer reasonably reflects the value of the 

20 amounts contributed with respect to the participants 

21 whose benefits are being transferred, adjusted for allo22 cable distributions, investment gains and losses, and 

23 administrative expenses. 

24 ‘‘(b) LEGACY PLAN.— 
878 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—After a merger or transfer 

2 involving a composite plan, the legacy plan with re3 spect to an employer that is obligated to contribute to 

4 the resulting composite plan is the legacy plan that 

5 applied to that employer immediately before the 

6 merger or transfer. 

7 ‘‘(2) MULTIPLE LEGACY PLANS.—If an employer 

8 is obligated to contribute to more than one legacy 

9 plan with respect to employees eligible to accrue bene10 fits under more than one composite plan and there is 

11 a merger or transfer of such legacy plans, the transi12 tion contribution rate applicable to the legacy plan 

13 resulting from the merger or transfer with respect to 

14 that employer shall be determined in accordance with 

15 the provisions of section 805(d)(2)(B).’’. 

16 (2) PENALTIES.— 

17 (A) CIVIL ENFORCEMENT OF FAILURE TO

18 COMPLY WITH REALIGNMENT PROGRAM.—Section 

19 502(a) of such Act (29 U.S.C. 1132(a)) is 

20 amended— 

21 (i) in paragraph (10), by striking ‘‘or’’ 

22 at the end; 

23 (ii) in paragraph (11), by striking the 

24 period at the end and inserting ‘‘; or’’; and 
879 

•HR 925 EAH 

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

3 ‘‘(12) in the case of a composite plan required to 

4 adopt a realignment program under section 803, if 

5 the plan sponsor— 

6 ‘‘(A) has not adopted a realignment pro7 gram under that section by the deadline estab8 lished in such section; or 

9 ‘‘(B) fails to update or comply with the 

10 terms of the realignment program in accordance 

11 with the requirements of such section, 

12 by the Secretary, by an employer that has an obliga13 tion to contribute with respect to the composite plan, 

14 or by an employee organization that represents active 

15 participants in the composite plan, for an order com16 pelling the plan sponsor to adopt a realignment pro17 gram, or to update or comply with the terms of the 

18 realignment program, in accordance with the require19 ments of such section and the realignment program.’’. 

20 (B) CIVIL PENALTIES.—Section 502(c) of 

21 such Act (29 U.S.C. 1132(c)) is amended— 

22 (i) by moving paragraphs (8), (10), 

23 and (12) each 2 ems to the left; 
880 

•HR 925 EAH 

1 (ii) by redesignating paragraphs (9) 

2 through (12) as paragraphs (12) through 

3 (15), respectively; and 

4 (iii) by inserting after paragraph (8) 

5 the following: 

6 ‘‘(9) The Secretary may assess against any plan 

7 sponsor of a composite plan a civil penalty of not 

8 more than $1,100 per day for each violation by such 

9 sponsor— 

10 ‘‘(A) of the requirement under section 

11 802(a) on the plan actuary to certify the plan’s 

12 current or projected funded ratio by the date 

13 specified in such subsection; or 

14 ‘‘(B) of the requirement under section 803 

15 to adopt a realignment program by the deadline 

16 established in that section and to comply with its 

17 terms. 

18 ‘‘(10)(A) The Secretary may assess against any 

19 plan sponsor of a composite plan a civil penalty of 

20 not more than $100 per day for each violation by 

21 such sponsor of the requirement under section 803(b) 

22 to provide notice as described in such section, except 

23 that no penalty may be assessed in any case in which 

24 the plan sponsor exercised reasonable diligence to 

25 meet the requirements of such section and— 
881 

•HR 925 EAH 

1 ‘‘(i) the plan sponsor did not know that the 

2 violation existed; or 

3 ‘‘(ii) the plan sponsor provided such notice 

4 during the 30-day period beginning on the first 

5 date on which the plan sponsor knew, or in exer6 cising reasonable due diligence should have 

7 known, that such violation existed. 

8 ‘‘(B) In any case in which the plan sponsor exer9 cised reasonable diligence to meet the requirements of 

10 section 803(b)— 

11 ‘‘(i) the total penalty assessed under this 

12 paragraph against such sponsor for a plan year 

13 may not exceed $500,000; and 

14 ‘‘(ii) the Secretary may waive part or all of 

15 such penalty to the extent that the payment of 

16 such penalty would be excessive or otherwise in17 equitable relative to the violation involved. 

18 ‘‘(11) The Secretary may assess against any 

19 plan sponsor of a composite plan a civil penalty of 

20 not more than $100 per day for each violation by 

21 such sponsor of the notice requirements under sections 

22 801(b)(5) and 805(b)(2).’’. 

23 (3) CONFORMING AMENDMENT.—The table of 

24 contents in section 1 of such Act (29 U.S.C. 1001 
882 

•HR 925 EAH 

1 note) is amended by inserting after the item relating 

2 to section 734 the following: 

‘‘PART 8—COMPOSITE PLANS AND LEGACY PLANS

‘‘Sec. 801. Composite plan defined. 

‘‘Sec. 802. Funded ratios; actuarial assumptions. 

‘‘Sec. 803. Realignment program. 

‘‘Sec. 804. Limitation on increasing benefits. 

‘‘Sec. 805. Composite plan restrictions to preserve legacy plan funding. 

‘‘Sec. 806. Mergers and asset transfers of composite plans.’’. 

3 (b) AMENDMENT TO THE INTERNAL REVENUE CODE

4 OF 1986.— 

5 (1) IN GENERAL.—Part III of subchapter D of 

6 chapter 1 of the Internal Revenue Code of 1986 is 

7 amended by adding at the end the following: 

8 ‘‘Subpart C—Composite Plans and Legacy Plans 

‘‘Sec. 437. Composite plan defined. 

‘‘Sec. 438. Funded ratios; actuarial assumptions. 

‘‘Sec. 439. Realignment program. 

‘‘Sec. 440. Limitation on increasing benefits. 

‘‘Sec. 440A. Composite plan restrictions to preserve legacy plan funding. 

‘‘Sec. 440B. Mergers and asset transfers of composite plans. 

9 ‘‘SEC. 437. COMPOSITE PLAN DEFINED. 

10 ‘‘(a) IN GENERAL.—For purposes of this title, the term 

11 ‘composite plan’ means a pension plan— 

12 ‘‘(1) which is a multiemployer plan that is nei13 ther a defined benefit plan nor a defined contribution 

14 plan, 

15 ‘‘(2) the terms of which provide that the plan is 

16 a composite plan for purposes of this title with re17 spect to which not more than one multiemployer de18 fined benefit plan is treated as a legacy plan within 
883 

•HR 925 EAH 

1 the meaning of section 440A, unless there is more 

2 than one legacy plan following a merger of composite 

3 plans under section 440B, 

4 ‘‘(3) which provides systematically for the pay5 ment of benefits— 

6 ‘‘(A) objectively calculated pursuant to a 

7 formula enumerated in the plan document with 

8 respect to plan participants after retirement, for 

9 life, and 

10 ‘‘(B) in the form of life annuities, except for 

11 benefits which under section 411(a)(11) may be 

12 immediately distributed without the consent of 

13 the participant, 

14 ‘‘(4) for which the plan contributions for the first 

15 plan year are at least 120 percent of the normal cost 

16 for the plan year, 

17 ‘‘(5) which requires— 

18 ‘‘(A) an annual valuation of the liability of 

19 the plan as of a date within the plan year to 

20 which the valuation refers or within one month 

21 prior to the beginning of such year, 

22 ‘‘(B) an annual actuarial determination of 

23 the plan’s current funded ratio and projected 

24 funded ratio under section 438(a), 
884 

•HR 925 EAH 

1 ‘‘(C) corrective action through a realign2 ment program pursuant to section 439 whenever 

3 the plan’s projected funded ratio is below 120 

4 percent for the plan year, and 

5 ‘‘(D) an annual notification to each partici6 pant describing the participant’s benefits under 

7 the plan and explaining that such benefits may 

8 be subject to reduction under a realignment pro9 gram pursuant to section 439 based on the plan’s 

10 funded status in future plan years, and 

11 ‘‘(6) the board of trustees of which includes at 

12 least one retiree or beneficiary in pay status during 

13 each plan year following the first plan year in which 

14 at least 5 percent of the participants in the plan are 

15 retirees or beneficiaries in pay status. 

16 ‘‘(b) TRANSITION FROM A MULTIEMPLOYER DEFINED

17 BENEFIT PLAN.— 

18 ‘‘(1) IN GENERAL.—The plan sponsor of a de19 fined benefit plan that is a multiemployer plan may, 

20 subject to paragraph (2), amend the plan to incor21 porate the features of a composite plan as a compo22 nent of the multiemployer plan separate from the de23 fined benefit plan component, except in the case of a 

24 defined benefit plan for which the plan actuary has 

25 certified under section 432(b)(3) that the plan is or 
885 

•HR 925 EAH 

1 will be in critical status for the plan year in which 

2 such amendment would become effective or for any of 

3 the succeeding 5 plan years. 

4 ‘‘(2) REQUIREMENTS.—Any amendment pursu5 ant to paragraph (1) to incorporate the features of a 

6 composite plan as a component of a multiemployer 

7 plan shall— 

8 ‘‘(A) apply with respect to all collective bar9 gaining agreements providing for contributions 

10 to the multiemployer plan on or after the effec11 tive date of the amendment, 

12 ‘‘(B) apply with respect to all participants 

13 in the multiemployer plan for whom contribu14 tions are made to the multiemployer plan on or 

15 after the effective date of the amendment, 

16 ‘‘(C) specify that the effective date of the 

17 amendment is— 

18 ‘‘(i) the first day of a specified plan 

19 year following the date of the adoption of 

20 the amendment, except that the plan spon21 sor may alternatively provide for a separate 

22 effective date with respect to each collective 

23 bargaining agreement under which con24 tributions to the multiemployer plan are re25 quired, which shall occur on the first day of 
886 

•HR 925 EAH 

1 the first plan year beginning after the ter2 mination, or if earlier, the re-opening, of 

3 each such agreement, or such earlier date as 

4 the parties to the agreement and the plan 

5 sponsor of the multiemployer plan shall 

6 agree to, and 

7 ‘‘(ii) not later than the first day of the 

8 fifth plan year beginning on or after the 

9 date of the adoption of the amendment, 

10 ‘‘(D) specify that, as of the amendment’s ef11 fective date, no further benefits shall accrue 

12 under the defined benefit component of the multi13 employer plan, and 

14 ‘‘(E) specify that, as of the amendment’s ef15 fective date, the plan sponsor of the multiem16 ployer plan shall be the plan sponsor of both the 

17 composite plan component and the defined ben18 efit plan component of the plan. 

19 ‘‘(3) SPECIAL RULES.—If a multiemployer plan 

20 is amended pursuant to paragraph (1)— 

21 ‘‘(A) the requirements of this title shall be 

22 applied to the composite plan component and the 

23 defined benefit plan component of the multiem24 ployer plan as if each such component were 

25 maintained as a separate plan, and 
887 

•HR 925 EAH 

1 ‘‘(B) the assets of the composite plan compo2 nent and the defined benefit plan component of 

3 the plan shall be held in a single trust forming 

4 part of the plan under which the trust instru5 ment expressly provides— 

6 ‘‘(i) for separate accounts (and appro7 priate records) to be maintained to reflect 

8 the interest which each of the plan compo9 nents has in the trust, including separate 

10 accounting for additions to the trust for the 

11 benefit of each plan component, disburse12 ments made from each plan component’s ac13 count in the trust, investment experience of 

14 the trust allocable to that account, and ad15 ministrative expenses (whether direct ex16 penses or shared expenses allocated propor17 tionally), and permits, but does not require, 

18 the pooling of some or all of the assets of the 

19 two plan components for investment pur20 poses, and 

21 ‘‘(ii) that the assets of each of the two 

22 plan components shall be held, invested, re23 invested, managed, administered and dis24 tributed for the exclusive benefit of the par25 ticipants and beneficiaries of each such 
888 

•HR 925 EAH 

1 plan component, and in no event shall the 

2 assets of one of the plan components be 

3 available to pay benefits due under the 

4 other plan component. 

5 ‘‘(4) NOT A TERMINATION EVENT.—Notwith6 standing section 4041A of the Employee Retirement 

7 Income Security Act of 1974, an amendment pursu8 ant to paragraph (1) to incorporate the features of a 

9 composite plan as a component of a multiemployer 

10 plan does not constitute termination of the multiem11 ployer plan. 

12 ‘‘(5) NOTICE TO THE SECRETARY.— 

13 ‘‘(A) NOTICE.—The plan sponsor of a com14 posite plan shall provide notice to the Secretary 

15 of the intent to establish the composite plan (or, 

16 in the case of a composite plan incorporated as 

17 a component of a multiemployer plan as de18 scribed in paragraph (1), the intent to amend 

19 the multiemployer plan to incorporate such com20 posite plan) at least 30 days prior to the effective 

21 date of such establishment or amendment. 

22 ‘‘(B) CERTIFICATION.—In the case of a 

23 composite plan incorporated as a component of 

24 a multiemployer plan as described in paragraph 

25 (1), such notice shall include a certification by 
889 

•HR 925 EAH 

1 the plan actuary under section 432(b)(3) that the 

2 effective date of the amendment occurs in a plan 

3 year for which the multiemployer plan is not in 

4 critical status for that plan year and any of the 

5 succeeding 5 plan years. 

6 ‘‘(6) REFERENCES TO COMPOSITE PLAN COMPO7 NENT.—As used in this subpart, the term ‘composite 

8 plan’ includes a composite plan component added to 

9 a defined benefit plan pursuant to paragraph (1). 

10 ‘‘(7) RULE OF CONSTRUCTION.—Paragraph 

11 (2)(A) shall not be construed as preventing the plan 

12 sponsor of a multiemployer plan from adopting an 

13 amendment pursuant to paragraph (1) because some 

14 collective bargaining agreements are amended to cease 

15 any covered employer’s obligation to contribute to the 

16 multiemployer plan before or after the plan amend17 ment is effective. Paragraph (2)(B) shall not be con18 strued as preventing the plan sponsor of a multiem19 ployer plan from adopting an amendment pursuant 

20 to paragraph (1) because some participants cease to 

21 have contributions made to the multiemployer plan 

22 on their behalf before or after the plan amendment is 

23 effective. 
890 

•HR 925 EAH 

1 ‘‘(c) COORDINATION WITH FUNDING RULES.—Except 

2 as otherwise provided in this title, sections 412, 431, and 

3 432 shall not apply to a composite plan. 

4 ‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur5 poses of this title (other than sections 412 and 418E), a 

6 composite plan shall be treated as if it were a defined ben7 efit plan unless a different treatment is provided for under 

8 applicable law. 

9 ‘‘SEC. 438. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS. 

10 ‘‘(a) CERTIFICATION OF FUNDED RATIOS.— 

11 ‘‘(1) IN GENERAL.—Not later than the one-hun12 dred twentieth day of each plan year of a composite 

13 plan, the plan actuary of the composite plan shall 

14 certify to the Secretary, the Secretary of Labor, and 

15 the plan sponsor the plan’s current funded ratio and 

16 projected funded ratio for the plan year. 

17 ‘‘(2) DETERMINATION OF CURRENT FUNDED

18 RATIO AND PROJECTED FUNDED RATIO.—For pur19 poses of this section— 

20 ‘‘(A) CURRENT FUNDED RATIO.—The cur21 rent funded ratio is the ratio (expressed as a 

22 percentage) of— 

23 ‘‘(i) the value of the plan’s assets as of 

24 the first day of the plan year, to 
891 

•HR 925 EAH 

1 ‘‘(ii) the plan actuary’s best estimate of 

2 the present value of the plan liabilities as of 

3 the first day of the plan year. 

4 ‘‘(B) PROJECTED FUNDED RATIO.—The pro5 jected funded ratio is the current funded ratio 

6 projected to the first day of the fifteenth plan 

7 year following the plan year for which the deter8 mination is being made. 

9 ‘‘(3) CONSIDERATION OF CONTRIBUTION RATE

10 INCREASES.—For purposes of projections under this 

11 subsection, the plan sponsor may anticipate contribu12 tion rate increases beyond the term of the current col13 lective bargaining agreement and any agreed-to sup14 plements, up to a maximum of 2.5 percent per year, 

15 compounded annually, unless it would be unreason16 able under the circumstances to assume that contribu17 tions would increase by that amount. 

18 ‘‘(b) ACTUARIAL ASSUMPTIONS AND METHODS.—For 

19 purposes of this part— 

20 ‘‘(1) IN GENERAL.—All costs, liabilities, rates of 

21 interest, and other factors under the plan shall be de22 termined for a plan year on the basis of actuarial as23 sumptions and methods— 
892 

•HR 925 EAH 

1 ‘‘(A) each of which is reasonable (taking 

2 into account the experience of the plan and rea3 sonable expectations), 

4 ‘‘(B) which, in combination, offer the actu5 ary’s best estimate of anticipated experience 

6 under the plan, and 

7 ‘‘(C) with respect to which any change from 

8 the actuarial assumptions and methods used in 

9 the previous plan year shall be certified by the 

10 plan actuary and the actuarial rationale for 

11 such change provided in the annual report re12 quired by section 6058. 

13 ‘‘(2) FAIR MARKET VALUE OF ASSETS.—The 

14 value of the plan’s assets shall be taken into account 

15 on the basis of their fair market value. 

16 ‘‘(3) DETERMINATION OF NORMAL COST AND

17 PLAN LIABILITIES.—A plan’s normal cost and liabil18 ities shall be based on the most recent actuarial valu19 ation required under section 437(a)(5)(A) and the 

20 unit credit funding method. 

21 ‘‘(4) TIME WHEN CERTAIN CONTRIBUTIONS

22 DEEMED MADE.—Any contributions for a plan year 

23 made by an employer after the last day of such plan 

24 year, but not later than two and one-half months 

25 after such day, shall be deemed to have been made on 
893 

•HR 925 EAH 

1 such last day. For purposes of this paragraph, such 

2 two and one-half month period may be extended for 

3 not more than six months under regulations pre4 scribed by the Secretary. 

5 ‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.— 

6 Except where otherwise provided in this subpart, the 

7 provisions of section 432(b)(3)(B) shall apply to any 

8 determination or projection under this subpart. 

9 ‘‘SEC. 439. REALIGNMENT PROGRAM. 

10 ‘‘(a) REALIGNMENT PROGRAM.— 

11 ‘‘(1) ADOPTION.—In any case in which the plan 

12 actuary certifies under section 438(a) that the plan’s 

13 projected funded ratio is below 120 percent for the 

14 plan year, the plan sponsor shall adopt a realignment 

15 program under paragraph (2) not later than 210 

16 days after the due date of the certification required 

17 under section 438(a). The plan sponsor shall adopt an 

18 updated realignment program for each succeeding 

19 plan year for which a certification described in the 

20 preceding sentence is made. 

21 ‘‘(2) CONTENT OF REALIGNMENT PROGRAM.— 

22 ‘‘(A) IN GENERAL.—A realignment program 

23 adopted under this paragraph is a written pro24 gram which consists of all reasonable measures, 

25 including options or a range of options to be un-
894 

•HR 925 EAH 

1 dertaken by the plan sponsor or proposed to the 

2 bargaining parties, formulated, based on reason3 ably anticipated experience and reasonable actu4 arial assumptions, to enable the plan to achieve 

5 a projected funded ratio of at least 120 percent 

6 for the following plan year. 

7 ‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea8 sonable measures under a realignment program 

9 described in subparagraph (A) may include any 

10 of the following: 

11 ‘‘(i) Proposed contribution increases. 

12 ‘‘(ii) A reduction in the rate of future 

13 benefit accruals, so long as the resulting 

14 rate shall not be less than 1 percent of the 

15 contributions on which benefits are based as 

16 of the start of the plan year (or the equiva17 lent standard accrual rate as described in 

18 section 432(e)(6)). 

19 ‘‘(iii) A modification or elimination of 

20 adjustable benefits of participants that are 

21 not in pay status before the date of the no22 tice required under subsection (b)(1). 

23 ‘‘(iv) Any other legally available meas24 ures not specifically described in this sub-
895 

•HR 925 EAH 

1 paragraph or subparagraph (C) or (D) that 

2 the plan sponsor determines are reasonable. 

3 ‘‘(C) ADDITIONAL PROGRAM ELEMENTS.—If 

4 the plan sponsor has determined that all reason5 able measures available under subparagraph (B) 

6 will not enable the plan to achieve a projected 

7 funded ratio of at least 120 percent the following 

8 plan year, such reasonable measures may also 

9 include— 

10 ‘‘(i) a reduction of accrued benefits 

11 that are not in pay status by the date of the 

12 notice required under subsection (b)(1), or 

13 ‘‘(ii) a reduction of any benefits of 

14 participants that are in pay status before 

15 the date of the notice required under sub16 section (b)(1) other than core benefits as de17 fined in paragraph (4). 

18 ‘‘(D) ADDITIONAL REDUCTIONS.—In the 

19 case of a composite plan for which the plan 

20 sponsor has determined that all reasonable meas21 ures available under subparagraphs (B) and (C) 

22 will not enable the plan to achieve a projected 

23 funded ratio of at least 120 percent for the fol24 lowing plan year, such reasonable measures may 

25 also include— 
896 

•HR 925 EAH 

1 ‘‘(i) a further reduction in the rate of 

2 future benefit accruals without regard to the 

3 limitation applicable under subparagraph 

4 (B)(ii), or 

5 ‘‘(ii) a reduction of core benefits, 

6 provided that such reductions shall be equitably 

7 distributed across the participant and bene8 ficiary population, taking into account factors, 

9 with respect to participants and beneficiaries 

10 and their benefits, that may include one or more 

11 of the factors listed in subclauses (I) through (X) 

12 of section 432(e)(9)(D)(vi), to the extent nec13 essary to enable the plan to achieve a projected 

14 funded ratio of at least 120 percent for the fol15 lowing plan year, or at the election of the plan 

16 sponsor, a projected funded ratio of at least 100 

17 percent for the following plan year and a current 

18 funded ratio of at least 90 percent. 

19 ‘‘(3) ADJUSTABLE BENEFIT DEFINED.—For pur20 poses of this subpart, the term ‘adjustable benefit’ 

21 means— 

22 ‘‘(A) benefits, rights, and features under the 

23 plan, including post-retirement death benefits, 

24 60-month guarantees, disability benefits not yet 

25 in pay status, and similar benefits, 
897 

•HR 925 EAH 

1 ‘‘(B) any early retirement benefit or retire2 ment-type subsidy (within the meaning of sec3 tion 411(d)(6)(B)(i)) and any benefit payment 

4 option (other than the qualified joint and sur5 vivor annuity), and 

6 ‘‘(C) benefit increases that were adopted (or, 

7 if later, took effect) less than 60 months before 

8 the first day such realignment program took ef9 fect. 

10 ‘‘(4) CORE BENEFIT DEFINED.—For purposes of 

11 this subpart, the term ‘core benefit’ means a partici12 pant’s accrued benefit payable in the normal form of 

13 an annuity commencing at normal retirement age, 

14 determined without regard to— 

15 ‘‘(A) any early retirement benefits, retire16 ment-type subsidies, or other benefits, rights, or 

17 features that may be associated with that benefit, 

18 and 

19 ‘‘(B) any cost-of-living adjustments or ben20 efit increases effective after the date of retire21 ment. 

22 ‘‘(5) COORDINATION WITH CONTRIBUTION IN23 CREASES.— 

24 ‘‘(A) IN GENERAL.—A realignment program 

25 may provide that some or all of the benefit modi-
898 

•HR 925 EAH 

1 fications described in the program will only take 

2 effect if the bargaining parties fail to agree to 

3 specified levels of increases in contributions to 

4 the plan, effective as of specified dates. 

5 ‘‘(B) INDEPENDENT BENEFIT MODIFICA6 TIONS.—If a realignment program adopts any 

7 changes to the benefit formula that are inde8 pendent of potential contribution increases, such 

9 changes shall take effect not later than 180 days 

10 following the first day of the first plan year that 

11 begins following the adoption of the realignment 

12 program. 

13 ‘‘(C) CONDITIONAL BENEFIT MODIFICA14 TIONS.—If a realignment program adopts any 

15 changes to the benefit formula that take effect 

16 only if the bargaining parties fail to agree to 

17 contribution increases, such changes shall take ef18 fect not later than the first day of the first plan 

19 year beginning after the third anniversary of the 

20 date of adoption of the realignment program. 

21 ‘‘(D) REVOCATION OF CERTAIN BENEFIT

22 MODIFICATIONS.—Benefit modifications de23 scribed in paragraph (3) may be revoked, in 

24 whole or in part, and retroactively or prospec25 tively, when contributions to the plan are in-
899 

•HR 925 EAH 

1 creased, as specified in the realignment program, 

2 including any amendments thereto. The pre3 ceding sentence shall not apply unless the con4 tribution increases are to be effective not later 

5 than the fifth anniversary of the first day of the 

6 first plan year that begins after the adoption of 

7 the realignment program. 

8 ‘‘(b) NOTICE.— 

9 ‘‘(1) IN GENERAL.—In any case in which it is 

10 certified under section 438(a) that the projected fund11 ed ratio is less than 120 percent, the plan sponsor 

12 shall, not later than 30 days after the date of the cer13 tification, provide notification of the current and pro14 jected funded ratios to the participants and bene15 ficiaries, the bargaining parties, and the Secretary. 

16 Such notice shall include— 

17 ‘‘(A) an explanation that contribution rate 

18 increases or benefit reductions may be necessary, 

19 ‘‘(B) a description of the types of benefits 

20 that might be reduced, and 

21 ‘‘(C) an estimate of the contribution in22 creases and benefit reductions that may be nec23 essary to achieve a projected funded ratio of 120 

24 percent. 

25 ‘‘(2) NOTICE OF BENEFIT MODIFICATIONS.— 
900 

•HR 925 EAH 

1 ‘‘(A) IN GENERAL.—No modifications may 

2 be made that reduce the rate of future benefit ac3 crual or that reduce core benefits or adjustable 

4 benefits unless notice of such reduction has been 

5 given at least 180 days before the general effec6 tive date of such reduction for all participants 

7 and beneficiaries to— 

8 ‘‘(i) plan participants and bene9 ficiaries, 

10 ‘‘(ii) each employer who has an obliga11 tion to contribute to the composite plan, 

12 and 

13 ‘‘(iii) each employee organization 

14 which, for purposes of collective bargaining, 

15 represents plan participants employed by 

16 such employers. 

17 ‘‘(B) CONTENT OF NOTICE.—The notice 

18 under subparagraph (A) shall contain— 

19 ‘‘(i) sufficient information to enable 

20 participants and beneficiaries to under21 stand the effect of any reduction on their 

22 benefits, including an illustration of any af23 fected benefit or subsidy, on an annual or 

24 monthly basis that a participant or bene25 ficiary would otherwise have been eligible 
901 

•HR 925 EAH 

1 for as of the general effective date described 

2 in subparagraph (A), and 

3 ‘‘(ii) information as to the rights and 

4 remedies of plan participants and bene5 ficiaries as well as how to contact the De6 partment of Labor for further information 

7 and assistance, where appropriate. 

8 ‘‘(C) FORM AND MANNER.—Any notice 

9 under subparagraph (A)— 

10 ‘‘(i) shall be provided in a form and 

11 manner prescribed in regulations of the Sec12 retary of Labor, 

13 ‘‘(ii) shall be written in a manner so 

14 as to be understood by the average plan 

15 participant. 

16 ‘‘(3) MODEL NOTICES.—The Secretary shall— 

17 ‘‘(A) prescribe model notices that the plan 

18 sponsor of a composite plan may use to satisfy 

19 the notice requirements under this subsection, 

20 and 

21 ‘‘(B) by regulation enumerate any details 

22 related to the elements listed in paragraph (1) 

23 that any notice under this subsection must in24 clude. 
902 

•HR 925 EAH 

1 ‘‘(4) DELIVERY METHOD.—Any notice under this 

2 part shall be provided in writing and may also be 

3 provided in electronic form to the extent that the form 

4 is reasonably accessible to persons to whom the notice 

5 is provided. 

6 ‘‘SEC. 440. LIMITATION ON INCREASING BENEFITS. 

7 ‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except 

8 as provided in subsections (c), (d), and (e), no plan amend9 ment increasing benefits or establishing new benefits under 

10 a composite plan may be adopted for a plan year unless— 

11 ‘‘(1) the plan’s current funded ratio is at least 

12 110 percent (without regard to the benefit increase or 

13 new benefits), 

14 ‘‘(2) taking the benefit increase or new benefits 

15 into account, the current funded ratio is at least 100 

16 percent and the projected funded ratio for the current 

17 plan year is at least 120 percent, 

18 ‘‘(3) in any case in which, after taking the ben19 efit increase or new benefits into account, the current 

20 funded ratio is less than 140 percent or the projected 

21 funded ratio is less than 140 percent, the benefit in22 crease or new benefits are projected by the plan actu23 ary to increase the present value of the plan’s liabil24 ities for the plan year by not more than 3 percent, 

25 and 
903 

•HR 925 EAH 

1 ‘‘(4) expected contributions for the current plan 

2 year are at least 120 percent of normal cost for the 

3 plan year, determined using the unit credit funding 

4 method and treating the benefit increase or new bene5 fits as in effect for the entire plan year. 

6 ‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE BEN7 EFITS REDUCED.—If a plan has been amended to reduce 

8 core benefits pursuant to a realignment program under sec9 tion 439(a)(2)(D), such plan may not be subsequently 

10 amended to increase core benefits unless the amendment— 

11 ‘‘(1) increases the level of future benefit pay12 ments only, and 

13 ‘‘(2) provides for an equitable distribution of 

14 benefit increases across the participant and bene15 ficiary population, taking into account the extent to 

16 which the benefits of participants were previously re17 duced pursuant to such realignment program. 

18 ‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE

19 LAW.—Subsection (a) shall not apply in connection with 

20 a plan amendment if the amendment is required as a condi21 tion of qualification under part I of subchapter D of chapter 

22 1 or to comply with other applicable law. 

23 ‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE

24 LIMIT APPLIES.—Subsection (a) shall not apply in connec25 tion with a plan amendment if and to the extent that con-
904 

•HR 925 EAH 

1 tributions to the composite plan would not be deductible for 

2 the plan year under section 404(a)(1)(E) if the plan amend3 ment is not adopted. The Secretary of the Treasury shall 

4 issue regulations to implement this paragraph. 

5 ‘‘(e) EXCEPTION FOR CERTAIN BENEFIT MODIFICA6 TIONS.—Subsection (a) shall not apply in connection with 

7 a plan amendment under section 439(a)(5)(C), regarding 

8 conditional benefit modifications. 

9 ‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur10 poses of this section— 

11 ‘‘(1) if two or more plan amendments increasing 

12 benefits or establishing new benefits are adopted in a 

13 plan year, such amendments shall be treated as a sin14 gle amendment adopted on the last day of the plan 

15 year, 

16 ‘‘(2) all benefit increases and new benefits adopt17 ed in a single amendment are treated as a single ben18 efit increase, irrespective of whether the increases and 

19 new benefits take effect in more than one plan year, 

20 and 

21 ‘‘(3) increases in contributions or decreases in 

22 plan liabilities which are scheduled to take effect in 

23 future plan years may be taken into account in con24 nection with a plan amendment if they have been 
905 

•HR 925 EAH 

1 agreed to in writing or otherwise formalized by the 

2 date the plan amendment is adopted. 

3 ‘‘SEC. 440A. COMPOSITE PLAN RESTRICTIONS TO PRESERVE 

4 LEGACY PLAN FUNDING. 

5 ‘‘(a) TREATMENT AS A LEGACY PLAN.— 

6 ‘‘(1) IN GENERAL.—For purposes of this sub7 chapter, a defined benefit plan shall be treated as a 

8 legacy plan with respect to the composite plan under 

9 which the employees who were eligible to accrue a 

10 benefit under the defined benefit plan become eligible 

11 to accrue a benefit under such composite plan. 

12 ‘‘(2) COMPONENT PLANS.—In any case in which 

13 a defined benefit plan is amended to add a composite 

14 plan component pursuant to section 437(b), para15 graph (1) shall be applied by substituting ‘defined 

16 benefit component’ for ‘defined benefit plan’ and 

17 ‘composite plan component’ for ‘composite plan’. 

18 ‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For 

19 purposes of paragraph (1), an employee is considered 

20 eligible to accrue a benefit under a composite plan as 

21 of the first day in which the employee completes an 

22 hour of service under a collective bargaining agree23 ment that provides for contributions to and accruals 

24 under the composite plan in lieu of accruals under the 

25 legacy plan. 
906 

•HR 925 EAH 

1 ‘‘(4) COLLECTIVE BARGAINING AGREEMENT.—As 

2 used in this subpart, the term ‘collective bargaining 

3 agreement’ includes any agreement under which an 

4 employer has an obligation to contribute to a plan. 

5 ‘‘(5) OTHER TERMS.—Any term used in this 

6 subpart which is not defined in this part and which 

7 is also used in section 432 shall have the same mean8 ing provided such term in such section. 

9 ‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE

10 PLAN OF AGREEMENTS AND CONTRIBUTIONS.— 

11 ‘‘(1) IN GENERAL.—The plan sponsor of a com12 posite plan shall not accept or recognize a collective 

13 bargaining agreement (or any modification to such 

14 agreement), and no contributions may be accepted 

15 and no benefits may be accrued or otherwise earned 

16 under the agreement— 

17 ‘‘(A) in any case in which the plan actuary 

18 of any defined benefit plan that would be treated 

19 as a legacy plan with respect to such composite 

20 plan has certified under section 432(b)(3) that 

21 such defined benefit plan is or will be in critical 

22 status for the plan year in which such agreement 

23 would take effect or for any of the succeeding 5 

24 plan years, and 
907 

•HR 925 EAH 

1 ‘‘(B) unless the agreement requires each em2 ployer who is a party to such agreement, includ3 ing employers whose employees are not partici4 pants in the legacy plan, to provide contribu5 tions to the legacy plan with respect to such com6 posite plan in a manner that satisfies the transi7 tion contribution requirements of subsection (d). 

8 ‘‘(2) NOTICE.—Not later than 30 days after a de9 termination by a plan sponsor of a composite plan 

10 that an agreement fails to satisfy the requirements de11 scribed in paragraph (1), the plan sponsor shall pro12 vide notification of such failure and the reasons for 

13 such determination to— 

14 ‘‘(A) the parties to the agreement, 

15 ‘‘(B) active participants of the composite 

16 plan who have ceased to accrue or otherwise earn 

17 benefits with respect to service with an employer 

18 pursuant to paragraph (1), and 

19 ‘‘(C) the Secretary of Labor, the Secretary 

20 of the Treasury, and the Pension Benefit Guar21 anty Corporation. 

22 ‘‘(3) LIMITATION ON RETROACTIVE EFFECT.— 

23 This subsection shall not apply to benefits accrued be24 fore the date on which notice is provided under para25 graph (2). 
908 

•HR 925 EAH 

1 ‘‘(c) RESTRICTION ON ACCRUAL OF BENEFITS UNDER

2 A COMPOSITE PLAN.— 

3 ‘‘(1) IN GENERAL.—In any case in which an em4 ployer, under a collective bargaining agreement en5 tered into after the date of enactment of the Giving 

6 Retirement Options to Workers Act of 2020, ceases to 

7 have an obligation to contribute to a multiemployer 

8 defined benefit plan, no employees employed by the 

9 employer may accrue or otherwise earn benefits under 

10 any composite plan, with respect to service with that 

11 employer, for a 60-month period beginning on the 

12 date on which the employer entered into such collec13 tive bargaining agreement. 

14 ‘‘(2) NOTICE OF CESSATION OF OBLIGATION.— 

15 Within 30 days of determining that an employer has 

16 ceased to have an obligation to contribute to a legacy 

17 plan with respect to employees employed by an em18 ployer that is or will be contributing to a composite 

19 plan with respect to service of such employees, the 

20 plan sponsor of the legacy plan shall notify the plan 

21 sponsor of the composite plan of that cessation. 

22 ‘‘(3) NOTICE OF CESSATION OF ACCRUALS.—Not 

23 later than 30 days after determining that an em24 ployer has ceased to have an obligation to contribute 

25 to a legacy plan, the plan sponsor of the composite 
909 

•HR 925 EAH 

1 plan shall notify the bargaining parties, the active 

2 participants affected by the cessation of accruals, the 

3 Secretary, the Secretary of Labor, and the Pension 

4 Benefit Guaranty Corporation of the cessation of ac5 cruals, the period during which such cessation is in 

6 effect, and the reasons therefor. 

7 ‘‘(4) LIMITATION ON RETROACTIVE EFFECT.— 

8 This subsection shall not apply to benefits accrued be9 fore the date on which notice is provided under para10 graph (3). 

11 ‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.— 

12 ‘‘(1) IN GENERAL.—A collective bargaining 

13 agreement satisfies the transition contribution re14 quirements of this subsection if the agreement— 

15 ‘‘(A) authorizes for payment of contribu16 tions to a legacy plan at a rate or rates equal 

17 to or greater than the transition contribution 

18 rate established under paragraph (2), and 

19 ‘‘(B) does not provide for— 

20 ‘‘(i) a suspension of contributions to 

21 the legacy plan with respect to any period 

22 of service, or 

23 ‘‘(ii) any new direct or indirect exclu24 sion of younger or newly hired employees of 

25 the employer from being taken into account 
910 

•HR 925 EAH 

1 in determining contributions owed to the 

2 legacy plan. 

3 ‘‘(2) TRANSITION CONTRIBUTION RATE.— 

4 ‘‘(A) IN GENERAL.—The transition con5 tribution rate for a plan year is the contribution 

6 rate that, as certified by the actuary of the leg7 acy plan in accordance with the principles in 

8 section 432(b)(3)(B), is reasonably expected to be 

9 adequate— 

10 ‘‘(i) to fund the normal cost for the 

11 plan year, 

12 ‘‘(ii) to amortize the plan’s unfunded 

13 liabilities in level annual installments over 

14 25 years, beginning with the plan year in 

15 which the transition contribution rate is 

16 first established, and 

17 ‘‘(iii) to amortize any subsequent 

18 changes in the legacy plan’s unfunded li19 ability due to experience gains or losses (in20 cluding investment gains or losses, gains or 

21 losses due to contributions greater or less 

22 than the contributions made under the prior 

23 transition contribution rate, and other actu24 arial gains or losses), changes in actuarial 

25 assumptions, changes to the legacy plan’s 
911 

•HR 925 EAH 

1 benefits, or changes in funding method over 

2 a period of 15 plan years beginning with 

3 the plan year in which such change in un4 funded liability is incurred. 

5 The transition contribution rate for any plan 

6 year may not be less than the transition con7 tribution rate for the plan year in which such 

8 rate is first established. 

9 ‘‘(B) MULTIPLE RATES.—If different rates 

10 of contribution are payable to the legacy plan by 

11 different employers or for different classes of em12 ployees, the certification shall specify a transi13 tion contribution rate for each such employer. 

14 ‘‘(C) RATE APPLICABLE TO EMPLOYER.— 

15 ‘‘(i) IN GENERAL.—Except as provided 

16 by clause (ii), the transition contribution 

17 rate applicable to an employer for a plan 

18 year is the rate in effect for the plan year 

19 of the legacy plan that commences on or 

20 after 180 days before the earlier of— 

21 ‘‘(I) the effective date of the collec22 tive bargaining agreement pursuant to 

23 which the employer contributes to the 

24 legacy plan, or 
912 

•HR 925 EAH 

1 ‘‘(II) 5 years after the last plan 

2 year for which the transition contribu3 tion rate applicable to the employer 

4 was established or updated. 

5 ‘‘(ii) EXCEPTION.—The transition con6 tribution rate applicable to an employer for 

7 the first plan year beginning on or after the 

8 commencement of the employer’s obligation 

9 to contribute to the composite plan is the 

10 rate in effect for the plan year of the legacy 

11 plan that commences on or after 180 days 

12 before such first plan year. 

13 ‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL

14 CIRCUMSTANCES.—If the plan actuary of the leg15 acy plan has certified under section 432 that the 

16 plan is in endangered or critical status for a 

17 plan year, the transition contribution rate for 

18 the following plan year is the rate determined 

19 with respect to the employer under the legacy 

20 plan’s funding improvement or rehabilitation 

21 plan under section 432, if greater than the rate 

22 otherwise determined, but in no event greater 

23 than 75 percent of the sum of the contribution 

24 rates applicable to the legacy plan and the com25 posite plan for the plan year. 
913 

•HR 925 EAH 

1 ‘‘(E) OTHER ACTUARIAL ASSUMPTIONS AND

2 METHODS.—Except as provided in subparagraph 

3 (A), the determination of the transition contribu4 tion rate for a plan year shall be based on actu5 arial assumptions and methods consistent with 

6 the minimum funding determinations made 

7 under section 431 (or, if applicable, section 432) 

8 with respect to the legacy plan for the plan year. 

9 ‘‘(F) ADJUSTMENTS IN RATE.—The plan 

10 sponsor of a legacy plan from time to time may 

11 adjust the transition contribution rate or rates 

12 applicable to an employer under this paragraph 

13 by increasing some rates and decreasing others if 

14 the actuary certifies that such adjusted rates in 

15 combination will produce projected contribution 

16 income for the plan year beginning on or after 

17 the date of certification that is not less than 

18 would be produced by the transition contribution 

19 rates in effect at the time of the certification. 

20 ‘‘(G) NOTICE OF TRANSITION CONTRIBUTION

21 RATE.—The plan sponsor of a legacy plan shall 

22 provide notice to the parties to collective bar23 gaining agreements pursuant to which contribu24 tions are made to the legacy plan of changes to 

25 the transition contribution rate requirements at 
914 

•HR 925 EAH 

1 least 30 days before the beginning of the plan 

2 year for which the rate is effective. 

3 ‘‘(H) NOTICE TO COMPOSITE PLAN SPON4 SOR.—Not later than 30 days after a determina5 tion by the plan sponsor of a legacy plan that 

6 a collective bargaining agreement provides for a 

7 rate of contributions that is below the transition 

8 contribution rate applicable to one or more em9 ployers that are parties to the collective bar10 gaining agreement, the plan sponsor of the leg11 acy plan shall notify the plan sponsor of any 

12 composite plan under which employees of such 

13 employer would otherwise be eligible to accrue a 

14 benefit. 

15 ‘‘(3) CORRECTION PROCEDURES.—Pursuant to 

16 standards prescribed by the Secretary of Labor, the 

17 plan sponsor of a composite plan shall adopt rules 

18 and procedures that give the parties to the collective 

19 bargaining agreement notice of the failure of such 

20 agreement to satisfy the transition contribution re21 quirements of this subsection, and a reasonable oppor22 tunity to correct such failure, not to exceed 180 days 

23 from the date of notice given under subsection (b)(2). 

24 ‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A collec25 tive bargaining agreement may provide for supple-
915 

•HR 925 EAH 

1 mental contributions to the legacy plan for a plan 

2 year in excess of the transition contribution rate de3 termined under paragraph (2), regardless of whether 

4 the legacy plan is in endangered or critical status for 

5 such plan year. 

6 ‘‘(e) NONAPPLICATION OF COMPOSITE PLAN RESTRIC7 TIONS.— 

8 ‘‘(1) IN GENERAL.—The provisions of subsections 

9 (a), (b), and (c) shall not apply with respect to a col10 lective bargaining agreement, to the extent the agree11 ment, or a predecessor agreement, provides or pro12 vided for contributions to a defined benefit plan that 

13 is a legacy plan, as of the first day of the first plan 

14 year following a plan year for which the plan actuary 

15 certifies that the plan is fully funded, has been fully 

16 funded for at least three out of the immediately pre17 ceding 5 plan years, and is projected to remain fully 

18 funded for at least the following 4 plan years. 

19 ‘‘(2) DETERMINATION OF FULLY FUNDED.—A 

20 plan is fully funded for purposes of paragraph (1) if, 

21 as of the valuation date of the plan for a plan year, 

22 the value of the plan’s assets equals or exceeds the 

23 present value of the plan’s liabilities, determined in 

24 accordance with the rules prescribed by the Pension 

25 Benefit Guaranty Corporation under sections 
916 

•HR 925 EAH 

1 4219(c)(1)(D) and 4281 of Employee Retirement In2 come and Security Act for multiemployer plans ter3 minating by mass withdrawal, as in effect for the 

4 date of the determination, except the plan’s reasonable 

5 assumption regarding the starting date of benefits 

6 may be used. 

7 ‘‘(3) OTHER APPLICABLE RULES.—Except as 

8 provided in paragraph (2), actuarial determinations 

9 and projections under this section shall be based on 

10 the rules in section 432(b)(3) and section 438(b). 

11 ‘‘SEC. 440B. MERGERS AND ASSET TRANSFERS OF COM12 POSITE PLANS. 

13 ‘‘(a) IN GENERAL.—Assets and liabilities of a com14 posite plan may only be merged with, or transferred to, an15 other plan if— 

16 ‘‘(1) the other plan is a composite plan, 

17 ‘‘(2) the plan or plans resulting from the merger 

18 or transfer is a composite plan, 

19 ‘‘(3) no participant’s accrued benefit or adjust20 able benefit is lower immediately after the transaction 

21 than it was immediately before the transaction, and 

22 ‘‘(4) the value of the assets transferred in the 

23 case of a transfer reasonably reflects the value of the 

24 amounts contributed with respect to the participants 

25 whose benefits are being transferred, adjusted for allo-
917 

•HR 925 EAH 

1 cable distributions, investment gains and losses, and 

2 administrative expenses. 

3 ‘‘(b) LEGACY PLAN.— 

4 ‘‘(1) IN GENERAL.—After a merger or transfer 

5 involving a composite plan, the legacy plan with re6 spect to an employer that is obligated to contribute to 

7 the resulting composite plan is the legacy plan that 

8 applied to that employer immediately before the 

9 merger or transfer. 

10 ‘‘(2) MULTIPLE LEGACY PLANS.—If an employer 

11 is obligated to contribute to more than one legacy 

12 plan with respect to employees eligible to accrue bene13 fits under more than one composite plan and there is 

14 a merger or transfer of such legacy plans, the transi15 tion contribution rate applicable to the legacy plan 

16 resulting from the merger or transfer with respect to 

17 that employer shall be determined in accordance with 

18 the provisions of section 440A(d)(2)(B).’’. 

19 (2) CLERICAL AMENDMENT.—The table of sub20 parts for part III of subchapter D of chapter 1 of the 

21 Internal Revenue Code of 1986 is amended by adding 

22 at the end the following new item: 

‘‘SUBPART C. COMPOSITE PLANS AND LEGACY PLANS’’. 

23 (c) EFFECTIVE DATE.—The amendments made by this 

24 section shall apply to plan years beginning after the date 

25 of the enactment of this Act. 
918 

•HR 925 EAH 

1 SEC. 103. APPLICATION OF CERTAIN REQUIREMENTS TO 

2 COMPOSITE PLANS. 

3 (a) AMENDMENTS TO THE EMPLOYEE RETIREMENT

4 INCOME SECURITY ACT OF 1974.— 

5 (1) TREATMENT FOR PURPOSES OF FUNDING NO6 TICES.—Section 101(f) of the Employee Retirement 

7 Income Security Act of 1974 (29 U.S.C. 1021(f)) is 

8 amended— 

9 (A) in paragraph (1) by striking ‘‘title IV 

10 applies’’ and inserting ‘‘title IV applies or which 

11 is a composite plan’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(5) APPLICATION TO COMPOSITE PLANS.—The 

14 provisions of this subsection shall apply to a com15 posite plan only to the extent prescribed by the Sec16 retary in regulations that take into account the dif17 ferences between a composite plan and a defined ben18 efit plan that is a multiemployer plan.’’. 

19 (2) TREATMENT FOR PURPOSES OF ANNUAL RE20 PORT.—Section 103 of the Employee Retirement In21 come Security Act of 1974 (29 U.S.C. 1023) is 

22 amended— 

23 (A) in subsection (d) by adding at the end 

24 the following sentence: ‘‘The provisions of this 

25 subsection shall apply to a composite plan only 

26 to the extent prescribed by the Secretary in regu-
919 

•HR 925 EAH 

1 lations that take into account the differences be2 tween a composite plan and a defined benefit 

3 plan that is a multiemployer plan.’’; 

4 (B) in subsection (f) by adding at the end 

5 the following: 

6 ‘‘(3) ADDITIONAL INFORMATION FOR COMPOSITE

7 PLANS.—With respect to any composite plan— 

8 ‘‘(A) the provisions of paragraph (1)(A) 

9 shall apply by substituting ‘current funded ratio 

10 and projected funded ratio (as such terms are de11 fined in section 802(a)(2))’ for ‘funded percent12 age’ each place it appears; and 

13 ‘‘(B) the provisions of paragraph (2) shall 

14 apply only to the extent prescribed by the Sec15 retary in regulations that take into account the 

16 differences between a composite plan and a de17 fined benefit plan that is a multiemployer 

18 plan.’’; and 

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

20 ‘‘(h) COMPOSITE PLANS.—A multiemployer plan that 

21 incorporates the features of a composite plan as provided 

22 in section 801(b) shall be treated as a single plan for pur23 poses of the report required by this section, except that sepa24 rate financial statements and actuarial statements shall be 

25 provided under paragraphs (3) and (4) of subsection (a) 
920 

•HR 925 EAH 

1 for the defined benefit plan component and for the com2 posite plan component of the multiemployer plan.’’. 

3 (3) TREATMENT FOR PURPOSES OF PENSION

4 BENEFIT STATEMENTS.—Section 105(a) of the Em5 ployee Retirement Income Security Act of 1974 (29 

6 U.S.C. 1025(a)) is amended by adding at the end the 

7 following: 

8 ‘‘(4) COMPOSITE PLANS.—For purposes of this 

9 subsection, a composite plan shall be treated as a de10 fined benefit plan to the extent prescribed by the Sec11 retary in regulations that take into account the dif12 ferences between a composite plan and a defined ben13 efit plan that is a multiemployer plan.’’. 

14 (b) AMENDMENTS TO THE INTERNAL REVENUE CODE

15 OF 1986.—Section 6058 of the Internal Revenue Code of 

16 1986 is amended by redesignating subsection (f) as sub17 section (g) and by inserting after subsection (e) the fol18 lowing: 

19 ‘‘(f) COMPOSITE PLANS.—A multiemployer plan that 

20 incorporates the features of a composite plan as provided 

21 in section 437(b) shall be treated as a single plan for pur22 poses of the return required by this section, except that sepa23 rate financial statements shall be provided for the defined 

24 benefit plan component and for the composite plan compo25 nent of the multiemployer plan.’’. 
921 

•HR 925 EAH 

1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to plan years beginning after the date 

3 of the enactment of this Act. 

4 SEC. 104. TREATMENT OF COMPOSITE PLANS UNDER TITLE 

5 IV. 

6 (a) DEFINITION.—Section 4001(a) of the Employee 

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

8 1301(a)) is amended by striking the period at the end of 

9 paragraph (21) and inserting a semicolon and by adding 

10 at the end the following: 

11 ‘‘(22) COMPOSITE PLAN.—The term ‘composite 

12 plan’ has the meaning set forth in section 801.’’. 

13 (b) COMPOSITE PLANS DISREGARDED FOR CALCU14 LATING PREMIUMS.—Section 4006(a) of such Act (29 

15 U.S.C. 1306(a)) is amended by adding at the end the fol16 lowing: 

17 ‘‘(9) The composite plan component of a multi18 employer plan shall be disregarded in determining the 

19 premiums due under this section from the multiem20 ployer plan.’’. 

21 (c) COMPOSITE PLANS NOT COVERED.—Section 

22 4021(b)(1) of such Act (29 U.S.C. 1321(b)(1)) is amended 

23 by striking ‘‘Act’’ and inserting ‘‘Act, or a composite plan, 

24 as defined in paragraph (43) of section 3 of this Act’’. 
922 

•HR 925 EAH 

1 (d) NO WITHDRAWAL LIABILITY.—Section 4201 of 

2 such Act (29 U.S.C. 1381) is amended by adding at the 

3 end the following: 

4 ‘‘(c) Contributions by an employer to the composite 

5 plan component of a multiemployer plan shall not be taken 

6 into account for any purpose under this title.’’. 

7 (e) NO WITHDRAWAL LIABILITY FOR CERTAIN

8 PLANS.—Section 4201 of such Act (29 U.S.C. 1381) is fur9 ther amended by adding at the end the following: 

10 ‘‘(d) Contributions by an employer to a multiemployer 

11 plan described in the except clause of section 3(35) of this 

12 Act pursuant to a collective bargaining agreement that spe13 cifically designates that such contributions shall be allo14 cated to the separate defined contribution accounts of par15 ticipants under the plan shall not be taken into account 

16 with respect to the defined benefit portion of the plan for 

17 any purpose under this title (including the determination 

18 of the employer’s highest contribution rate under section 

19 4219), even if, under the terms of the plan, participants 

20 have the option to transfer assets in their separate defined 

21 contribution accounts to the defined benefit portion of the 

22 plan in return for service credit under the defined benefit 

23 portion, at rates established by the plan sponsor. 

24 ‘‘(e) A legacy plan created under section 805 shall be 

25 deemed to have no unfunded vested benefits for purposes of 
923 

•HR 925 EAH 

1 this part, for each plan year following a period of 5 consecu2 tive plan years for which— 

3 ‘‘(1) the plan was fully funded within the mean4 ing of section 805 for at least 3 of the plan years dur5 ing that period, ending with a plan year for which 

6 the plan is fully funded; 

7 ‘‘(2) the plan had no unfunded vested benefits for 

8 at least 3 of the plan years during that period, end9 ing with a plan year for which the plan is fully fund10 ed; and 

11 ‘‘(3) the plan is projected to be fully funded and 

12 to have no unfunded vested benefits for the following 

13 four plan years.’’. 

14 (f) NO WITHDRAWAL LIABILITY FOR EMPLOYERS CON15 TRIBUTING TO CERTAIN FULLY FUNDED LEGACY PLANS.— 

16 Section 4211 of such Act (29 U.S.C. 1382) is amended by 

17 adding at the end the following: 

18 ‘‘(g) No amount of unfunded vested benefits shall be 

19 allocated to an employer that has an obligation to con20 tribute to a legacy plan described in subsection (e) of section 

21 4201 for each plan year for which such subsection applies.’’. 

22 (g) NO OBLIGATION TO CONTRIBUTE.—Section 4212 

23 of such Act (29 U.S.C. 1392) is amended by adding at the 

24 end the following: 
924 

•HR 925 EAH 

1 ‘‘(d) NO OBLIGATION TO CONTRIBUTE.—An employer 

2 shall not be treated as having an obligation to contribute 

3 to a multiemployer defined benefit plan within the meaning 

4 of subsection (a) solely because— 

5 ‘‘(1) in the case of a multiemployer plan that in6 cludes a composite plan component, the employer has 

7 an obligation to contribute to the composite plan com8 ponent of the plan; 

9 ‘‘(2) the employer has an obligation to contribute 

10 to a composite plan that is maintained pursuant to 

11 one or more collective bargaining agreements under 

12 which the multiemployer defined benefit plan is or 

13 previously was maintained; or 

14 ‘‘(3) the employer contributes or has contributed 

15 under section 805(d) to a legacy plan associated with 

16 a composite plan pursuant to a collective bargaining 

17 agreement but employees of that employer were not el18 igible to accrue benefits under the legacy plan with 

19 respect to service with that employer.’’. 

20 (h) NO INFERENCE.—Nothing in the amendment made 

21 by subsection (e) shall be construed to create an inference 

22 with respect to the treatment under title IV of the Employee 

23 Retirement Income Security Act of 1974, as in effect before 

24 such amendment, of contributions by an employer to a mul25 tiemployer plan described in the except clause of section 
925 

•HR 925 EAH 

1 3(35) of such Act that are made before the effective date 

2 of subsection (e) specified in subsection (h)(2). 

3 (i) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—Except as provided in sub5 paragraph (2), the amendments made by this section 

6 shall apply to plan years beginning after the date of 

7 the enactment of this Act. 

8 (2) SPECIAL RULE FOR SECTION 414(k) MULTI9 EMPLOYER PLANS.—The amendment made by sub10 section (e) shall apply only to required contributions 

11 payable for plan years beginning after the date of the 

12 enactment of this Act. 

13 SEC. 105. CONFORMING CHANGES. 

14 (a) DEFINITIONS.—Section 3 of the Employee Retire15 ment Income Security Act of 1974 (29 U.S.C. 1002) is 

16 amended— 

17 (1) in paragraph (35), by inserting ‘‘or a com18 posite plan’’ after ‘‘other than an individual account 

19 plan’’; and 

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

21 ‘‘(43) The term ‘composite plan’ has the meaning 

22 given the term in section 801(a).’’. 

23 (b) SPECIAL FUNDING RULE FOR CERTAIN LEGACY

24 PLANS.— 
926 

•HR 925 EAH 

1 (1) AMENDMENT TO EMPLOYEE RETIREMENT IN2 COME SECURITY ACT OF 1974.—Section 304(b) of the 

3 Employee Retirement Income Security Act of 1974 

4 (29 U.S.C. 1084(b)) is amended by adding at the end 

5 the following: 

6 ‘‘(9) SPECIAL FUNDING RULE FOR CERTAIN LEG7 ACY PLANS.—In the case of a multiemployer defined 

8 benefit plan that has adopted an amendment under 

9 section 801(b), in accordance with which no further 

10 benefits shall accrue under the multiemployer defined 

11 benefit plan, the plan sponsor may combine the out12 standing balance of all charge and credit bases and 

13 amortize that combined base in level annual install14 ments (until fully amortized) over a period of 25 plan 

15 years beginning with the plan year following the date 

16 all benefit accruals ceased.’’. 

17 (2) AMENDMENT TO INTERNAL REVENUE CODE

18 OF 1986.—Section 431(b) of the Internal Revenue 

19 Code of 1986 is amended by adding at the end the fol20 lowing: 

21 ‘‘(9) SPECIAL FUNDING RULE FOR CERTAIN LEG22 ACY PLANS.—In the case of a multiemployer defined 

23 benefit plan that has adopted an amendment under 

24 section 437(b), in accordance with which no further 

25 benefits shall accrue under the multiemployer defined 
927 

•HR 925 EAH 

1 benefit plan, the plan sponsor may combine the out2 standing balance of all charge and credit bases and 

3 amortize that combined base in level annual install4 ments (until fully amortized) over a period of 25 plan 

5 years beginning with the plan year following the date 

6 on which all benefit accruals ceased.’’. 

7 (c) BENEFITS AFTER MERGER, CONSOLIDATION, OR

8 TRANSFER OF ASSETS.— 

9 (1) AMENDMENT TO EMPLOYEE RETIREMENT IN10 COME SECURITY ACT OF 1974.—Section 208 of the 

11 Employee Retirement Income Security Act of 1974 

12 (29 U.S.C. 1058) is amended— 

13 (A) by striking so much of the first sentence 

14 as precedes ‘‘may not merge’’ and inserting the 

15 following: 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), a pension plan may not merge, and’’; and 

18 (B) by striking the second sentence and 

19 adding at the end the following: 

20 ‘‘(2) SPECIAL REQUIREMENTS FOR MULTIEM21 PLOYER PLANS.—Paragraph (1) shall not apply to 

22 any transaction to the extent that participants either 

23 before or after the transaction are covered under a 

24 multiemployer plan to which title IV of this Act ap25 plies or a composite plan.’’. 
928 

•HR 925 EAH 

1 (2) AMENDMENTS TO INTERNAL REVENUE CODE

2 OF 1986.— 

3 (A) QUALIFICATION REQUIREMENT.—Sec4 tion 401(a)(12) of the Internal Revenue Code of 

5 1986 is amended— 

6 (i) by striking ‘‘(12) A trust’’ and in7 serting the following: 

8 ‘‘(12) BENEFITS AFTER MERGER, CONSOLIDA9 TION, OR TRANSFER OF ASSETS.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), a trust’’; 

12 (ii) by striking the second sentence; 

13 and 

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

16 ‘‘(B) SPECIAL REQUIREMENTS FOR MULTI17 EMPLOYER PLANS.—Subparagraph (A) shall not 

18 apply to any multiemployer plan with respect to 

19 any transaction to the extent that participants 

20 either before or after the transaction are covered 

21 under a multiemployer plan to which title IV of 

22 the Employee Retirement Income Security Act of 

23 1974 applies or a composite plan.’’. 
929 

•HR 925 EAH 

1 (B) ADDITIONAL QUALIFICATION REQUIRE2 MENT.—Paragraph (1) of section 414(l) of such 

3 Code is amended— 

4 (i) by striking ‘‘(1) IN GENERAL’’ and 

5 all that follows through ‘‘shall not con6 stitute’’ and inserting the following: 

7 ‘‘(1) BENEFIT PROTECTIONS: MERGER, CONSOLI8 DATION, TRANSFER.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), a trust which forms a part of 

11 a plan shall not constitute’’; and 

12 (ii) by striking the second sentence; 

13 and 

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

16 ‘‘(B) SPECIAL REQUIREMENTS FOR MULTI17 EMPLOYER PLANS.—Subparagraph (A) does not 

18 apply to any multiemployer plan with respect to 

19 any transaction to the extent that participants 

20 either before or after the transaction are covered 

21 under a multiemployer plan to which title IV of 

22 the Employee Retirement Income Security Act of 

23 1974 applies or a composite plan.’’. 

24 (d) REQUIREMENTS FOR STATUS AS A QUALIFIED

25 PLAN.— 
930 

•HR 925 EAH 

1 (1) REQUIREMENT THAT ACTUARIAL ASSUMP2 TIONS BE SPECIFIED.—Section 401(a)(25) of the In3 ternal Revenue Code of 1986 is amended by inserting 

4 ‘‘(in the case of a composite plan, benefits objectively 

5 calculated pursuant to a formula)’’ after ‘‘definitely 

6 determinable benefits’’. 

7 (2) MISSING PARTICIPANTS IN TERMINATING

8 COMPOSITE PLAN.—Section 401(a)(34) of the Internal 

9 Revenue Code of 1986 is amended by striking ‘‘, a 

10 trust’’ and inserting ‘‘or a composite plan, a trust’’. 

11 (e) DEDUCTION FOR CONTRIBUTIONS TO A QUALIFIED

12 PLAN.—Section 404(a)(1) of the Internal Revenue Code of 

13 1986 is amended by redesignating subparagraph (E) as 

14 subparagraph (F) and by inserting after subparagraph (D) 

15 the following: 

16 ‘‘(E) COMPOSITE PLANS.— 

17 ‘‘(i) IN GENERAL.—In the case of a 

18 composite plan, subparagraph (D) shall not 

19 apply and the maximum amount deductible 

20 for a plan year shall be the excess (if any) 

21 of— 

22 ‘‘(I) 160 percent of the greater 

23 of— 

24 ‘‘(aa) the current liability of 

25 the plan determined in accordance 
931 

•HR 925 EAH 

1 with the principles of section 

2 431(c)(6)(D), or 

3 ‘‘(bb) the present value of 

4 plan liabilities as determined 

5 under section 438, over 

6 ‘‘(II) the fair market value of the 

7 plan’s assets, projected to the end of the 

8 plan year. 

9 ‘‘(ii) SPECIAL RULES FOR PREDE10 CESSOR MULTIEMPLOYER PLAN TO COM11 POSITE PLAN.— 

12 ‘‘(I) IN GENERAL.—Except as pro13 vided in subclause (II), if an employer 

14 contributes to a composite plan with 

15 respect to its employees, contributions 

16 by that employer to a multiemployer 

17 defined benefit plan with respect to 

18 some or all of the same group of em19 ployees shall be deductible under sec20 tions 162 and this section, subject to 

21 the limits in subparagraph (D). 

22 ‘‘(II) TRANSITION CONTRIBU23 TION.—The full amount of a contribu24 tion to satisfy the transition contribu25 tion requirement (as defined in section 
932 

•HR 925 EAH 

1 440A(d)) and allocated to the legacy 

2 defined benefit plan for the plan year 

3 shall be deductible for the employer’s 

4 taxable year ending with or within the 

5 plan year.’’. 

6 (f) MINIMUM VESTING STANDARDS.— 

7 (1) YEARS OF SERVICE UNDER COMPOSITE

8 PLANS.— 

9 (A) EMPLOYEE RETIREMENT INCOME SECU10 RITY ACT OF 1974.—Section 203 of the Employee 

11 Retirement Income Security Act of 1974 (29 

12 U.S.C. 1053) is amended by inserting after sub13 section (f) the following: 

14 ‘‘(g) SPECIAL RULES FOR COMPUTING YEARS OF

15 SERVICE UNDER COMPOSITE PLANS.— 

16 ‘‘(1) IN GENERAL.—In determining a qualified 

17 employee’s years of service under a composite plan for 

18 purposes of this section, the employee’s years of serv19 ice under a legacy plan shall be treated as years of 

20 service earned under the composite plan. For purposes 

21 of such determination, a composite plan shall not be 

22 treated as a defined benefit plan pursuant to section 

23 801(d). 

24 ‘‘(2) QUALIFIED EMPLOYEE.—For purposes of 

25 this subsection, an employee is a qualified employee 
933 

•HR 925 EAH 

1 if the employee first completes an hour of service 

2 under the composite plan (determined without regard 

3 to the provisions of this subsection) within the 12- 

4 month period immediately preceding or the 24-month 

5 period immediately following the date the employee 

6 ceased to accrue benefits under the legacy plan. 

7 ‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— 

8 For purposes of paragraph (1), the plan sponsor of 

9 the composite plan shall rely on a written certifi10 cation by the plan sponsor of the legacy plan of the 

11 years of service the qualified employee completed 

12 under the defined benefit plan as of the date the em13 ployee satisfies the requirements of paragraph (2), 

14 disregarding any years of service that had been for15 feited under the rules of the defined benefit plan before 

16 that date. 

17 ‘‘(h) SPECIAL RULES FOR COMPUTING YEARS OF

18 SERVICE UNDER LEGACY PLANS.— 

19 ‘‘(1) IN GENERAL.—In determining a qualified 

20 employee’s years of service under a legacy plan for 

21 purposes of this section, and in addition to any serv22 ice under applicable regulations, the employee’s years 

23 of service under a composite plan shall be treated as 

24 years of service earned under the legacy plan. For 

25 purposes of such determination, a composite plan 
934 

•HR 925 EAH 

1 shall not be treated as a defined benefit plan pursu2 ant to section 801(d). 

3 ‘‘(2) QUALIFIED EMPLOYEE.—For purposes of 

4 this subsection, an employee is a qualified employee 

5 if the employee first completes an hour of service 

6 under the composite plan (determined without regard 

7 to the provisions of this subsection) within the 12- 

8 month period immediately preceding or the 24-month 

9 period immediately following the date the employee 

10 ceased to accrue benefits under the legacy plan. 

11 ‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— 

12 For purposes of paragraph (1), the plan sponsor of 

13 the legacy plan shall rely on a written certification 

14 by the plan sponsor of the composite plan of the years 

15 of service the qualified employee completed under the 

16 composite plan after the employee satisfies the re17 quirements of paragraph (2), disregarding any years 

18 of service that has been forfeited under the rules of the 

19 composite plan.’’. 

20 (B) INTERNAL REVENUE CODE OF 1986.— 

21 Section 411(a) of the Internal Revenue Code of 

22 1986 is amended by adding at the end the fol23 lowing: 

24 ‘‘(14) SPECIAL RULES FOR DETERMINING YEARS

25 OF SERVICE UNDER COMPOSITE PLANS.— 
935 

•HR 925 EAH 

1 ‘‘(A) IN GENERAL.—In determining a 

2 qualified employee’s years of service under a 

3 composite plan for purposes of this subsection, 

4 the employee’s years of service under a legacy 

5 plan shall be treated as years of service earned 

6 under the composite plan. For purposes of such 

7 determination, a composite plan shall not be 

8 treated as a defined benefit plan pursuant to sec9 tion 437(d). 

10 ‘‘(B) QUALIFIED EMPLOYEE.—For purposes 

11 of this paragraph, an employee is a qualified 

12 employee if the employee first completes an hour 

13 of service under the composite plan (determined 

14 without regard to the provisions of this para15 graph) within the 12-month period immediately 

16 preceding or the 24-month period immediately 

17 following the date the employee ceased to accrue 

18 benefits under the legacy plan. 

19 ‘‘(C) CERTIFICATION OF YEARS OF SERV20 ICE.—For purposes of subparagraph (A), the 

21 plan sponsor of the composite plan shall rely on 

22 a written certification by the plan sponsor of the 

23 legacy plan of the years of service the qualified 

24 employee completed under the legacy plan as of 

25 the date the employee satisfies the requirements 
936 

•HR 925 EAH 

1 of subparagraph (B), disregarding any years of 

2 service that had been forfeited under the rules of 

3 the defined benefit plan before that date. 

4 ‘‘(15) SPECIAL RULES FOR COMPUTING YEARS OF

5 SERVICE UNDER LEGACY PLANS.— 

6 ‘‘(A) IN GENERAL.—In determining a 

7 qualified employee’s years of service under a leg8 acy plan for purposes of this section, and in ad9 dition to any service under applicable regula10 tions, the employee’s years of service under a 

11 composite plan shall be treated as years of serv12 ice earned under the legacy plan. For purposes 

13 of such determination, a composite plan shall 

14 not be treated as a defined benefit plan pursuant 

15 to section 437(d). 

16 ‘‘(B) QUALIFIED EMPLOYEE.—For purposes 

17 of this paragraph, an employee is a qualified 

18 employee if the employee first completes an hour 

19 of service under the composite plan (determined 

20 without regard to the provisions of this para21 graph) within the 12-month period immediately 

22 preceding or the 24-month period immediately 

23 following the date the employee ceased to accrue 

24 benefits under the legacy plan. 
937 

•HR 925 EAH 

1 ‘‘(C) CERTIFICATION OF YEARS OF SERV2 ICE.—For purposes of subparagraph (A), the 

3 plan sponsor of the legacy plan shall rely on a 

4 written certification by the plan sponsor of the 

5 composite plan of the years of service the quali6 fied employee completed under the composite 

7 plan after the employee satisfies the requirements 

8 of subparagraph (B), disregarding any years of 

9 service that has been forfeited under the rules of 

10 the composite plan.’’. 

11 (2) REDUCTION OF BENEFITS.— 

12 (A) EMPLOYEE RETIREMENT INCOME SECU13 RITY ACT OF 1974.—Section 203(a)(3)(E)(ii) of 

14 the Employee Retirement Income Security Act of 

15 1974 (29 U.S.C. 1053(a)(3)(E)(ii)) is amend16 ed— 

17 (i) in subclause (I) by striking 

18 ‘‘4244A’’ and inserting ‘‘305(e), 803,’’; and 

19 (ii) in subclause (II) by striking 

20 ‘‘4245’’ and inserting ‘‘305(e), 4245,’’. 

21 (B) INTERNAL REVENUE CODE OF 1986.— 

22 Section 411(a)(3)(F) of the Internal Revenue 

23 Code of 1986 is amended— 

24 (i) in clause (i) by striking ‘‘section 

25 418D or under section 4281 of the Em-
938 

•HR 925 EAH 

1 ployee Retirement Income Security Act of 

2 1974’’ and inserting ‘‘section 432(e) or 439 

3 or under section 4281 of the Employee Re4 tirement Income Security Act of 1974’’; and 

5 (ii) in clause (ii) by inserting ‘‘or 

6 432(e)’’ after ‘‘section 418E’’. 

7 (3) ACCRUED BENEFIT REQUIREMENTS.— 

8 (A) EMPLOYEE RETIREMENT INCOME SECU9 RITY ACT OF 1974.—Section 204(b)(1)(B)(i) of 

10 the Employee Retirement Income Security Act of 

11 1974 (29 U.S.C. 1054(b)(1)(B)(i)) is amended by 

12 inserting ‘‘, including an amendment reducing 

13 or suspending benefits under section 305(e), 803, 

14 4245 or 4281,’’ after ‘‘any amendment to the 

15 plan’’. 

16 (B) INTERNAL REVENUE CODE OF 1986.— 

17 Section 411(b)(1)(B)(i) of the Internal Revenue 

18 Code of 1986 is amended by inserting ‘‘, includ19 ing an amendment reducing or suspending bene20 fits under section 418E, 432(e) or 439, or under 

21 section 4281 of the Employee Retirement Income 

22 Security Act of 1974,’’ after ‘‘any amendment to 

23 the plan’’. 

24 (4) ADDITIONAL ACCRUED BENEFIT REQUIRE25 MENTS.— 
939 

•HR 925 EAH 

1 (A) EMPLOYEE RETIREMENT INCOME SECU2 RITY ACT OF 1974.—Section 204(b)(1)(H)(v) of 

3 the Employee Retirement Income Security Act of 

4 1974 (29 U.S.C. 1053(b)(1)(H)(v)) is amended 

5 by inserting before the period at the end the fol6 lowing: ‘‘, or benefits are reduced or suspended 

7 under section 305(e), 803, 4245, or 4281’’. 

8 (B) INTERNAL REVENUE CODE OF 1986.— 

9 Section 411(b)(1)(H)(iv) of the Internal Revenue 

10 Code of 1986 is amended— 

11 (i) in the heading by striking ‘‘BEN12 EFIT’’ and inserting ‘‘BENEFIT AND THE

13 SUSPENSION AND REDUCTION OF CERTAIN

14 BENEFITS’’; and 

15 (ii) in the text by inserting before the 

16 period at the end the following: ‘‘, or bene17 fits are reduced or suspended under section 

18 418E, 432(e), or 439, or under section 4281 

19 of the Employee Retirement Income Secu20 rity Act of 1974’’. 

21 (5) ACCRUED BENEFIT NOT TO BE DECREASED

22 BY AMENDMENT.— 

23 (A) EMPLOYEE RETIREMENT INCOME SECU24 RITY ACT OF 1974.—Section 204(g)(1) of the Em25 ployee Retirement Income Security Act of 1974 
940 

•HR 925 EAH 

1 (29 U.S.C. 1053(g)(1)) is amended by inserting 

2 after ‘‘302(d)(2)’’ the following: ‘‘, 305(e), 803, 

3 4245,’’. 

4 (B) INTERNAL REVENUE CODE OF 1986.— 

5 Section 411(d)(6)(A) of the Internal Revenue 

6 Code of 1986 is amended by inserting after 

7 ‘‘412(d)(2),’’ the following: ‘‘418E, 432(e), or 

8 439,’’. 

9 (g) CERTAIN FUNDING RULES NOT APPLICABLE.— 

10 (1) EMPLOYEE RETIREMENT INCOME SECURITY

11 ACT OF 1974.—Section 305 of the Employee Retire12 ment Income Security Act of 1974 (29 U.S.C. 1085) 

13 is amended by adding at the end the following: 

14 ‘‘(k) LEGACY PLANS.—Sections 302, 304, and 305 

15 shall not apply to an employer that has an obligation to 

16 contribute to a plan that is a legacy plan within the mean17 ing of section 805(a) solely because the employer has an 

18 obligation to contribute to a composite plan described in 

19 section 801 that is associated with that legacy plan.’’. 

20 (2) INTERNAL REVENUE CODE OF 1986.—Section 

21 432 of the Internal Revenue Code of 1986 is amended 

22 by adding at the end the following: 

23 ‘‘(k) LEGACY PLANS.—Sections 412, 431, and 432 

24 shall not apply to an employer that has an obligation to 

25 contribute to a plan that is a legacy plan within the mean-
941 

•HR 925 EAH 

1 ing of section 440A(a) solely because the employer has an 

2 obligation to contribute to a composite plan described in 

3 section 437 that is associated with that legacy plan.’’. 

4 (h) TERMINATION OF COMPOSITE PLAN.—Section 

5 403(d) of the Employee Retirement Income Security Act of 

6 1974 (29 U.S.C. 1103(d) is amended— 

7 (1) in paragraph (1), by striking ‘‘regulations of 

8 the Secretary.’’ and inserting ‘‘regulations of the Sec9 retary, or as provided in paragraph (3).’’; and 

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

11 ‘‘(3) Section 4044(a) of this Act shall be applied 

12 in the case of the termination of a composite plan 

13 by— 

14 ‘‘(A) limiting the benefits subject to para15 graph (3) thereof to benefits as defined in section 

16 802(b)(3)(B); and 

17 ‘‘(B) including in the benefits subject to 

18 paragraph (4) all other benefits (if any) of indi19 viduals under the plan that would be guaranteed 

20 under section 4022A if the plan were subject to 

21 title IV.’’. 

22 (i) GOOD FAITH COMPLIANCE PRIOR TO GUIDANCE.— 

23 Where the implementation of any provision of law added 

24 or amended by this division is subject to issuance of regula25 tions by the Secretary of Labor, the Secretary of the Treas-
942 

•HR 925 EAH 

1 ury, or the Pension Benefit Guaranty Corporation, a multi2 employer plan shall not be treated as failing to meet the 

3 requirements of any such provision prior to the issuance 

4 of final regulations or other guidance to carry out such pro5 vision if such plan is operated in accordance with a reason6 able, good faith interpretation of such provision. 

7 SEC. 106. EFFECTIVE DATE. 

8 Unless otherwise specified, the amendments made by 

9 this division shall apply to plan years beginning after the 

10 date of the enactment of this Act. 

11 DIVISION I—CONTINUED ASSIST12 ANCE TO UNEMPLOYED 

13 WORKERS 

14 TITLE I—EXTENSIONS OF CARES 

15 ACT UNEMPLOYMENT BENE16 FITS FOR WORKERS 

17 SEC. 101. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY18 MENT COMPENSATION. 

19 (a) IN GENERAL.—Section 2104(e) of the CARES Act 

20 (Public Law 116–136) is amended to read as follows: 

21 ‘‘(e) APPLICABILITY.— 

22 ‘‘(1) IN GENERAL.—An agreement entered into 

23 under this section shall apply— 
943 

•HR 925 EAH 

1 ‘‘(A) to weeks of unemployment beginning 

2 after the date on which such agreement is entered 

3 into and ending on or before July 31, 2020; and 

4 ‘‘(B) to weeks of unemployment beginning 

5 after September 5, 2020 (or, if later, the date on 

6 which such agreement is entered into) and end7 ing on or before January 31, 2021. 

8 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE9 MAINING ENTITLED TO REGULAR COMPENSATION AS

10 OF JANUARY 31, 2021.—In the case of any individual 

11 who, as of the date specified in paragraph (1)(B), has 

12 not yet exhausted all rights to regular compensation 

13 under the State law of a State with respect to a ben14 efit year that began before such date, Federal Pan15 demic Unemployment Compensation shall continue to 

16 be payable to such individual for any week beginning 

17 on or after such date for which the individual is oth18 erwise eligible for regular compensation with respect 

19 to such benefit year. 

20 ‘‘(3) TERMINATION.—Notwithstanding any other 

21 provision of this subsection, no Federal Pandemic 

22 Unemployment Compensation shall be payable for 

23 any week beginning after March 31, 2021.’’. 

24 (b) LIMITATION ON APPLICATION OF TRANSITION

25 RULE.—Section 2104(g) of such Act is amended by insert-
944 

•HR 925 EAH 

1 ing ‘‘(except for subsection (e)(2))’’ after ‘‘the preceding pro2 visions of this section’’. 

3 (c) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY4 MENT COMPENSATION FOR CERTAIN PURPOSES.—Section 

5 2104(h) of such Act is amended to read as follows: 

6 ‘‘(h) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY7 MENT COMPENSATION FOR PURPOSES OF ALL FEDERAL

8 AND FEDERALLY ASSISTED PROGRAMS.—A Federal Pan9 demic Unemployment Compensation payment shall not be 

10 regarded as income and shall not be regarded as a resource 

11 for the month of receipt and the following 9 months, for 

12 purposes of determining the eligibility of the recipient (or 

13 the recipient’s spouse or family) for benefits or assistance, 

14 or the amount or extent of benefits or assistance, under any 

15 Federal program or under any State or local program fi16 nanced in whole or in part with Federal funds.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by this 

18 section shall take effect as if included in the enactment of 

19 the CARES Act (Public Law 116–136). 

20 SEC. 102. EXTENSION OF PANDEMIC UNEMPLOYMENT AS21 SISTANCE. 

22 Section 2102(c) of the CARES Act (15 U.S.C. 9021(c)) 

23 is amended by striking ‘‘December 31, 2020’’ and inserting 

24 ‘‘January 31, 2021’’. 
945 

•HR 925 EAH 

1 SEC. 103. EXTENSION OF PANDEMIC EMERGENCY UNEM2 PLOYMENT COMPENSATION. 

3 Section 2107(g)(2) of the CARES Act (15 U.S.C. 

4 9025(g)(2)) is amended by striking ‘‘December 31, 2020’’ 

5 and inserting ‘‘January 31, 2021’’. 

6 SEC. 104. EXTENSION OF TEMPORARY FINANCING OF 

7 SHORT-TIME COMPENSATION PAYMENTS IN 

8 STATES WITH PROGRAMS IN LAW. 

9 Section 2108(b)(2) of the CARES Act (15 U.S.C. 

10 9026(b)(2)) is amended by striking ‘‘December 31, 2020’’ 

11 and inserting ‘‘January 31, 2021’’. 

12 SEC. 105. EXTENSION OF TEMPORARY FINANCING OF 

13 SHORT-TIME COMPENSATION AGREEMENTS. 

14 Section 2109(d)(2) of the CARES Act (15 U.S.C. 

15 9027(d)(2)) is amended by striking ‘‘December 31, 2020’’ 

16 and inserting ‘‘January 31, 2021’’. 

17 SEC. 106. EXTENSION OF FULL FEDERAL FUNDING OF THE 

18 FIRST WEEK OF COMPENSABLE REGULAR UN19 EMPLOYMENT FOR STATES WITH NO WAITING 

20 WEEK. 

21 Section 2105(e)(2) of the CARES Act (15 U.S.C. 

22 9024(e)(2)) is amended by striking ‘‘December 31, 2020’’ 

23 and inserting ‘‘January 31, 2021’’. 
946 

•HR 925 EAH 

1 TITLE II—ADDITIONAL WEEKS 

2 OF BENEFIT ELIGIBILITY 

3 SEC. 201. ADDITIONAL WEEKS. 

4 Subtitle A of title II of division A of the CARES Act 

5 (15 U.S.C. 9021 et seq.) is amended by inserting after sec6 tion 2107 the following: 

7 ‘‘SEC. 2107A. PANDEMIC EMERGENCY UNEMPLOYMENT EX8 TENSION COMPENSATION. 

9 ‘‘(a) FEDERAL-STATE AGREEMENTS.— 

10 ‘‘(1) IN GENERAL.—Any State which desires to 

11 do so may enter into and participate in an agreement 

12 under this section with the Secretary of Labor (in this 

13 section referred to as the ‘Secretary’). Any State 

14 which is a party to an agreement under this section 

15 may, upon providing 30 days’ written notice to the 

16 Secretary, terminate such agreement. 

17 ‘‘(2) PROVISIONS OF AGREEMENT.—Any agree18 ment under paragraph (1) shall provide that the 

19 State agency of the State will make payments (in this 

20 section referred to as ‘pandemic emergency unemploy21 ment extension compensation’) to individuals who— 

22 ‘‘(A) have exhausted all rights to regular 

23 compensation, extended compensation, pandemic 

24 unemployment assistance under section 2102, 
947 

•HR 925 EAH 

1 and pandemic emergency unemployment com2 pensation under section 2107; 

3 ‘‘(B) have no rights to any benefit specified 

4 in subparagraph (A) or to compensation under 

5 any other Federal law or under the unemploy6 ment compensation law of Canada; and 

7 ‘‘(C) are able to work, available to work, 

8 and actively seeking work. 

9 ‘‘(3) EXHAUSTION OF BENEFITS.—For purposes 

10 of paragraph (2)(A), an individual shall be deemed to 

11 have exhausted such individual’s rights to benefits 

12 specified in subparagraph (A) when— 

13 ‘‘(A) no payments of such benefits can be 

14 made because such individual has received all 

15 such benefits available to such individual based 

16 on employment or wages during such individ17 ual’s base period; or 

18 ‘‘(B) such individual’s rights to such bene19 fits have been terminated by reason of the expi20 ration of the benefit year with respect to which 

21 such rights existed. 

22 ‘‘(4) WEEKLY BENEFIT AMOUNT, ETC.—For pur23 poses of any agreement under this section— 

24 ‘‘(A) the amount of pandemic emergency 

25 unemployment extension compensation which 
948 

•HR 925 EAH 

1 shall be payable to any individual for any week 

2 of total unemployment shall be equal to— 

3 ‘‘(i) the amount of the base compensa4 tion (including any dependents’ allowances) 

5 payable to such individual during such in6 dividual’s benefit year under the State law 

7 for a week of total unemployment; and 

8 ‘‘(ii) the amount of Federal Pandemic 

9 Unemployment Compensation under section 

10 2104; 

11 ‘‘(B) the terms and conditions of the State 

12 law which apply to claims for regular compensa13 tion and to the payment thereof (including terms 

14 and conditions relating to availability for work, 

15 active search for work, and refusal to accept 

16 work) shall apply to claims for pandemic emer17 gency unemployment extension compensation 

18 and the payment thereof, except where otherwise 

19 inconsistent with the provisions of this section or 

20 with the regulations or operating instructions of 

21 the Secretary promulgated to carry out this sec22 tion; 

23 ‘‘(C) the maximum amount of pandemic 

24 emergency unemployment extension compensa25 tion payable to any individual for whom a pan-
949 

•HR 925 EAH 

1 demic emergency unemployment extension com2 pensation account is established under subsection 

3 (b) shall not exceed the amount established in 

4 such account for such individual; and 

5 ‘‘(D) the allowable methods of payment 

6 under section 2104(b)(2) shall apply to pay7 ments of amounts described in subparagraph 

8 (A)(ii). 

9 ‘‘(5) NONREDUCTION RULE.— 

10 ‘‘(A) IN GENERAL.—An agreement under 

11 this section shall not apply (or shall cease to 

12 apply) with respect to a State upon a deter13 mination by the Secretary that the method gov14 erning the computation of regular compensation 

15 under the State law of that State has been modi16 fied in a manner such that the number of weeks 

17 (the maximum benefit entitlement), or the aver18 age weekly benefit amount, of regular compensa19 tion which will be payable during the period of 

20 the agreement will be less than the number of 

21 weeks, or the average weekly benefit amount, of 

22 the average weekly benefit amount of regular 

23 compensation which would otherwise have been 

24 payable during such period under the State law, 

25 as in effect on January 1, 2020. 
950 

•HR 925 EAH 

1 ‘‘(B) MAXIMUM BENEFIT ENTITLEMENT.— 

2 In subparagraph (A), the term ‘maximum ben3 efit entitlement’ means the amount of regular 

4 compensation payable to an individual with re5 spect to the individual’s benefit year. 

6 ‘‘(6) ACTIVELY SEEKING WORK.— 

7 ‘‘(A) IN GENERAL.—For purposes of para8 graph (2)(C), the term ‘actively seeking work’ 

9 means, with respect to any individual, that such 

10 individual— 

11 ‘‘(i) is registered for employment serv12 ices in such a manner and to such extent as 

13 prescribed by the State agency; 

14 ‘‘(ii) has engaged in an active search 

15 for employment that is appropriate in light 

16 of the employment available in the labor 

17 market, the individual’s skills and capabili18 ties, and includes a number of employer 

19 contacts that is consistent with the stand20 ards communicated to the individual by the 

21 State; 

22 ‘‘(iii) has maintained a record of such 

23 work search, including employers contacted, 

24 method of contact, and date contacted; and 
951 

•HR 925 EAH 

1 ‘‘(iv) when requested, has provided 

2 such work search record to the State agency. 

3 ‘‘(B) FLEXIBILITY.—Notwithstanding the 

4 requirements under subparagraph (A) and para5 graph (2)(C), a State shall provide flexibility in 

6 meeting such requirements in case of individuals 

7 unable to search for work because of COVID–19, 

8 including because of illness, quarantine, or move9 ment restriction. 

10 ‘‘(b) PANDEMIC EMERGENCY UNEMPLOYMENT COM11 PENSATION ACCOUNT.— 

12 ‘‘(1) IN GENERAL.—Any agreement under this 

13 section shall provide that the State will establish, for 

14 each eligible individual who files an application for 

15 pandemic emergency unemployment extension com16 pensation, a pandemic emergency unemployment ex17 tension compensation account with respect to such in18 dividual’s benefit year. 

19 ‘‘(2) AMOUNT IN ACCOUNT.—The amount estab20 lished in an account under subsection (a) shall be 

21 equal to 13 times the individual’s average weekly ben22 efit amount, which includes the amount of Federal 

23 Pandemic Unemployment Compensation under sec24 tion 2104, for the benefit year. 
952 

•HR 925 EAH 

1 ‘‘(3) WEEKLY BENEFIT AMOUNT.—For purposes 

2 of this subsection, an individual’s weekly benefit 

3 amount for any week is the amount of base compensa4 tion (including any dependents’ allowances) under the 

5 State law payable to such individual for such week 

6 for total unemployment plus the amount of Federal 

7 Pandemic Unemployment Compensation under sec8 tion 2104. 

9 ‘‘(c) PAYMENTS TO STATES HAVING AGREEMENTS FOR

10 THE PAYMENT OF PANDEMIC EMERGENCY UNEMPLOYMENT

11 EXTENSION COMPENSATION.— 

12 ‘‘(1) IN GENERAL.—There shall be paid to each 

13 State that has entered into an agreement under this 

14 section an amount equal to 100 percent of the pan15 demic emergency unemployment extension compensa16 tion paid to individuals by the State pursuant to 

17 such agreement. 

18 ‘‘(2) TREATMENT OF REIMBURSABLE COMPENSA19 TION.—No payment shall be made to any State under 

20 this section in respect of any compensation to the ex21 tent the State is entitled to reimbursement in respect 

22 of such compensation under the provisions of any 

23 Federal law other than this section or chapter 85 of 

24 title 5, United States Code. A State shall not be enti25 tled to any reimbursement under such chapter 85 in 
953 

•HR 925 EAH 

1 respect of any compensation to the extent the State is 

2 entitled to reimbursement under this section in re3 spect of such compensation. 

4 ‘‘(3) DETERMINATION OF AMOUNT.—Sums pay5 able to any State by reason of such State having an 

6 agreement under this section shall be payable, either 

7 in advance or by way of reimbursement (as may be 

8 determined by the Secretary), in such amounts as the 

9 Secretary estimates the State will be entitled to re10 ceive under this section for each calendar month, re11 duced or increased, as the case may be, by any 

12 amount by which the Secretary finds that the Sec13 retary’s estimates for any prior calendar month were 

14 greater or less than the amounts which should have 

15 been paid to the State. Such estimates may be made 

16 on the basis of such statistical, sampling, or other 

17 method as may be agreed upon by the Secretary and 

18 the State agency of the State involved. 

19 ‘‘(d) FINANCING PROVISIONS.— 

20 ‘‘(1) COMPENSATION.— 

21 ‘‘(A) IN GENERAL.—Funds in the extended 

22 unemployment compensation account (as estab23 lished by section 905(a) of the Social Security 

24 Act (42 U.S.C. 1105(a)) of the Unemployment 

25 Trust Fund (as established by section 904(a) of 
954 

•HR 925 EAH 

1 such Act (42 U.S.C. 1104(a)) shall be used for 

2 the making of payments to States having agree3 ments entered into under this section. 

4 ‘‘(B) TRANSFER OF FUNDS.—Notwith5 standing any other provision of law, the Sec6 retary of the Treasury shall transfer from the 

7 general fund of the Treasury (from funds not 

8 otherwise appropriated) to the extended unem9 ployment compensation account such sums as the 

10 Secretary of Labor estimates to be necessary to 

11 make payments described in subparagraph (A). 

12 There are appropriated from the general fund of 

13 the Treasury, without fiscal year limitation, the 

14 sums referred to in the preceding sentence and 

15 such sums shall not be required to be repaid. 

16 ‘‘(2) ADMINISTRATION.— 

17 ‘‘(A) IN GENERAL.—There are appropriated 

18 out of the employment security administration 

19 account (as established by section 901(a) of the 

20 Social Security Act (42 U.S.C. 1101(a)) of the 

21 Unemployment Trust Fund, without fiscal year 

22 limitation, such funds as may be necessary for 

23 purposes of assisting States (as provided in title 

24 III of the Social Security Act (42 U.S.C. 501 et 
955 

•HR 925 EAH 

1 seq.)) in meeting the costs of administration of 

2 agreements under this section. 

3 ‘‘(B) TRANSFER OF FUNDS.—Notwith4 standing any other provision of law, the Sec5 retary of the Treasury shall transfer from the 

6 general fund of the Treasury (from funds not 

7 otherwise appropriated) to the employment secu8 rity administration account such sums as the 

9 Secretary of Labor estimates to be necessary to 

10 make payments described in subparagraph (A). 

11 There are appropriated from the general fund of 

12 the Treasury, without fiscal year limitation, the 

13 sums referred to in the preceding sentence and 

14 such sums shall not be required to be repaid. 

15 ‘‘(3) CERTIFICATION.—The Secretary shall from 

16 time to time certify to the Secretary of the Treasury 

17 for payment to each State the sums payable to such 

18 State under this subsection. The Secretary of the 

19 Treasury, prior to audit or settlement by the Govern20 ment Accountability Office, shall make payments to 

21 the State in accordance with such certification, by 

22 transfers from the extended unemployment compensa23 tion account (as so established) to the account of such 

24 State in the Unemployment Trust Fund (as so estab25 lished). 
956 

•HR 925 EAH 

1 ‘‘(e) FRAUD AND OVERPAYMENTS.— 

2 ‘‘(1) IN GENERAL.—If an individual knowingly 

3 has made, or caused to be made by another, a false 

4 statement or representation of a material fact, or 

5 knowingly has failed, or caused another to fail, to dis6 close a material fact, and as a result of such false 

7 statement or representation or of such nondisclosure 

8 such individual has received an amount of pandemic 

9 emergency unemployment extension compensation 

10 under this section to which such individual was not 

11 entitled, such individual— 

12 ‘‘(A) shall be ineligible for further pandemic 

13 emergency unemployment extension compensa14 tion under this section in accordance with the 

15 provisions of the applicable State unemployment 

16 compensation law relating to fraud in connec17 tion with a claim for unemployment compensa18 tion; and 

19 ‘‘(B) shall be subject to prosecution under 

20 section 1001 of title 18, United States Code. 

21 ‘‘(2) REPAYMENT.—In the case of individuals 

22 who have received amounts of pandemic emergency 

23 unemployment extension compensation under this sec24 tion to which they were not entitled, the State shall 

25 require such individuals to repay the amounts of such 
957 

•HR 925 EAH 

1 pandemic emergency unemployment extension com2 pensation to the State agency, except that the State 

3 agency may waive such repayment if it determines 

4 that— 

5 ‘‘(A) the payment of such pandemic emer6 gency unemployment extension compensation 

7 was without fault on the part of any such indi8 vidual; and 

9 ‘‘(B) such repayment would be contrary to 

10 equity and good conscience. 

11 ‘‘(3) RECOVERY BY STATE AGENCY.— 

12 ‘‘(A) IN GENERAL.—The State agency shall 

13 recover the amount to be repaid, or any part 

14 thereof, by deductions from any pandemic emer15 gency unemployment extension compensation 

16 payable to such individual under this section or 

17 from any unemployment compensation payable 

18 to such individual under any State or Federal 

19 unemployment compensation law administered 

20 by the State agency or under any other State or 

21 Federal law administered by the State agency 

22 which provides for the payment of any assistance 

23 or allowance with respect to any week of unem24 ployment, during the 3-year period after the date 

25 such individuals received the payment of the 
958 

•HR 925 EAH 

1 pandemic emergency unemployment extension 

2 compensation to which they were not entitled, in 

3 accordance with the same procedures as apply to 

4 the recovery of overpayments of regular unem5 ployment benefits paid by the State. 

6 ‘‘(B) OPPORTUNITY FOR HEARING.—No re7 payment shall be required, and no deduction 

8 shall be made, until a determination has been 

9 made, notice thereof and an opportunity for a 

10 fair hearing has been given to the individual, 

11 and the determination has become final. 

12 ‘‘(4) REVIEW.—Any determination by a State 

13 agency under this section shall be subject to review in 

14 the same manner and to the same extent as deter15 minations under the State unemployment compensa16 tion law, and only in that manner and to that extent. 

17 ‘‘(f) DEFINITIONS.—In this section— 

18 ‘‘(1) the terms ‘compensation’, ‘regular com19 pensation’, ‘extended compensation’, ‘benefit year’, 

20 ‘base period’, ‘State’, ‘State agency’, ‘State law’, and 

21 ‘week’ have the respective meanings given such terms 

22 under section 205 of the Federal-State Extended Un23 employment Compensation Act of 1970 (26 U.S.C. 

24 3304 note); and 
959 

•HR 925 EAH 

1 ‘‘(2) the term ‘base compensation’ means, as ap2 plicable— 

3 ‘‘(A) regular compensation; or 

4 ‘‘(B) pandemic unemployment assistance 

5 under section 2102. 

6 ‘‘(g) APPLICABILITY.—An agreement entered into 

7 under this section shall apply to weeks of unemployment— 

8 ‘‘(1) beginning after the date on which such 

9 agreement is entered into; and 

10 ‘‘(2) ending on or before January 31, 2021.’’. 

11 TITLE III—CLARIFICATIONS AND 

12 IMPROVEMENTS TO PAN13 DEMIC UNEMPLOYMENT AS14 SISTANCE 

15 SEC. 301. CLARIFICATION OF PANDEMIC UNEMPLOYMENT 

16 ASSISTANCE ELIGIBILITY FOR PRIMARY 

17 CAREGIVING. 

18 (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I)(dd) of 

19 the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(dd)) is 

20 amended by striking ‘‘that is closed as a direct result of 

21 the COVID–19 public health emergency’’ and inserting ‘‘be22 cause the school or facility is closed or only partially re23 opened due to COVID–19, because child or family care is 

24 not available or affordable during the hours work is avail25 able due to COVID–19, or because physical attendance at 
960 

•HR 925 EAH 

1 the school or facility presents an unacceptable health risk 

2 for the household or the individual in need of care due to 

3 COVID–19,’’. 

4 (b) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall take effect upon the date of the enactment 

6 of this Act. 

7 SEC. 302. WAIVER AUTHORITY FOR CERTAIN OVERPAY8 MENTS OF PANDEMIC UNEMPLOYMENT AS9 SISTANCE. 

10 (a) IN GENERAL.—Section 2102(d) of the CARES Act 

11 (15 U.S.C. 9021(d)) is amended by adding at the end the 

12 following: 

13 ‘‘(4) WAIVER AUTHORITY.—In the case of indi14 viduals who have received amounts of Pandemic Un15 employment Assistance to which they were not enti16 tled, the State shall require such individuals to repay 

17 the amounts of such Pandemic Unemployment Assist18 ance to the State agency, except that the State agency 

19 shall waive such repayment if it determines that— 

20 ‘‘(A) the payment of such Pandemic Unem21 ployment Assistance was without fault on the 

22 part of any such individual; and 

23 ‘‘(B) such repayment would be contrary to 

24 equity and good conscience.’’. 
961 

•HR 925 EAH 

1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect as if included in the enactment of 

3 the CARES Act (Public Law 116–136). 

4 SEC. 303. CLARIFICATION OF ACCESS TO PANDEMIC UNEM5 PLOYMENT ASSISTANCE FOR WORKERS AT 

6 BUSINESSES THAT REDUCED STAFF DUE TO 

7 THE PANDEMIC. 

8 (a) IN GENERAL.—Section 2102(a)(3)(A)(ii)(I)(jj) of 

9 the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(jj)) is 

10 amended by inserting ‘‘or its operations are otherwise cur11 tailed, including by reducing hours of operation, staffing 

12 levels, occupancy, or other changes that are recommended 

13 or required,’’ after ‘‘closed’’. 

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall apply with respect to weeks of unemploy16 ment beginning after the date of the enactment of this Act. 

17 SEC. 304. HOLD HARMLESS FOR PANDEMIC UNEMPLOY18 MENT ASSISTANCE. 

19 (a) IN GENERAL.—Section 2102(c) of the CARES Act 

20 (15 U.S.C. 9021(c)) is amended by adding at the end the 

21 following: 

22 ‘‘(4) CONTINUED ELIGIBILITY FOR ASSIST23 ANCE.—As a condition of continued eligibility for as24 sistance under this section, a covered individual shall 

25 submit a recertification to the State for each week 
962 

•HR 925 EAH 

1 after the individual’s 1st week of eligibility that cer2 tifies that the individual remains an individual de3 scribed in subsection (a)(3)(A)(ii) for such week.’’. 

4 (b) EFFECTIVE DATE; SPECIAL RULE.— 

5 (1) IN GENERAL.—The amendment made by sub6 section (a) shall apply with respect to weeks begin7 ning on or after the date that is 30 days after the 

8 date of enactment of this section. 

9 (2) SPECIAL RULE.—In the case of any State 

10 that made a good faith effort to implement section 

11 2102 of the CARES Act in accordance with rules 

12 similar to those provided in section 625.6 of title 20, 

13 Code of Federal Regulations, for weeks ending before 

14 the effective date specified in paragraph (1), an indi15 vidual who received Pandemic Unemployment Assist16 ance from such State for any such week shall not be 

17 considered ineligible for such assistance for such week 

18 solely by reason of failure to submit a recertification 

19 described in subsection (c)(4) of such section. 
963 

•HR 925 EAH 

1 TITLE IV—EXTENSION OF RE2 LIEF TO STATES AND EM3 PLOYERS 

4 SEC. 401. EXTENSION OF FULL FEDERAL FUNDING OF EX5 TENDED UNEMPLOYMENT COMPENSATION. 

6 Section 4105 of the Families First Coronavirus Re7 sponse Act (26 U.S.C. 3304 note) is amended by striking 

8 ‘‘December 31, 2020’’ each place it appears and inserting 

9 ‘‘June 30, 2021’’. 

10 SEC. 402. EXTENSION OF TEMPORARY ASSISTANCE FOR 

11 STATES WITH ADVANCES. 

12 Section 1202(b)(10)(A) of the Social Security Act (42 

13 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘December 

14 31, 2020’’ and inserting ‘‘June 30, 2021’’. 

15 SEC. 403. EXTENSION OF EMERGENCY RELIEF FOR GOVERN16 MENTAL ENTITIES AND NONPROFIT ORGANI17 ZATIONS. 

18 Section 903(i)(1)(D) of the Social Security Act (42 

19 U.S.C. 1103(i)(1)(D)) is amended by striking ‘‘December 

20 31, 2020’’ and inserting ‘‘June 30, 2021’’. 

21 TITLE V—CORRECTIVE ACTION 

22 FOR PROCESSING BACKLOGS 

23 SEC. 501. STATE REPORTING ON CLAIMS BACKLOGS. 

24 (a) IN GENERAL.—Section 2104 of the CARES Act (15 

25 U.S.C. 9023) is amended by adding at the end the following: 
964 

•HR 925 EAH 

1 ‘‘(j) STATE ACCOUNTABILITY RELATING TO CLAIMS

2 BACKLOGS.—As a condition of any agreement under this 

3 section, the following rules shall apply: 

4 ‘‘(1) CLAIMS REPORTING.— 

5 ‘‘(A) IN GENERAL.—Each State partici6 pating in such an agreement shall submit to the 

7 Secretary of Labor on a weekly basis a report on 

8 the status in the State of any backlog of the proc9 essing of unemployment claims, including claims 

10 for regular compensation, extended compensa11 tion, Pandemic Unemployment Assistance, and 

12 Pandemic Emergency Unemployment Compensa13 tion. Such report shall include a description, 

14 with respect to the previous week, of each of the 

15 following: 

16 ‘‘(i) The number of initial claims still 

17 in process, disaggregated by the number of 

18 such claims still pending— 

19 ‘‘(I) because of nonmonetary de20 terminations; 

21 ‘‘(II) because of monetary deter22 minations; 

23 ‘‘(III) because of suspected fraud; 

24 and 

25 ‘‘(IV) for any other reason. 
965 

•HR 925 EAH 

1 ‘‘(ii) The number of initial claims de2 nied. 

3 ‘‘(iii) The number of individuals with 

4 respect to whom a continued claim was 

5 paid. 

6 ‘‘(iv) The number of individuals with 

7 respect to whom a continued claim is still 

8 in process, disaggregated by the number of 

9 such claims still pending— 

10 ‘‘(I) because of nonmonetary de11 terminations; 

12 ‘‘(II) because of monetary deter13 minations; 

14 ‘‘(III) because of suspected fraud; 

15 and 

16 ‘‘(IV) for any other reason. 

17 ‘‘(v) The number of individuals with 

18 respect to whom a continued claims was de19 nied. 

20 ‘‘(B) REPORT TO CONGRESS.—Upon receipt 

21 of a report described in subparagraph (A), the 

22 Secretary of Labor shall publish such report on 

23 the website of the Department of Labor and shall 

24 submit such report to the Committee on Ways 
966 

•HR 925 EAH 

1 and Means of the House of Representatives and 

2 the Committee on Finance of the Senate. 

3 ‘‘(2) CORRECTIVE ACTION PLANS.— 

4 ‘‘(A) IN GENERAL.—Not later than 90 days 

5 after the date of enactment of this subsection and 

6 at least every 90 days thereafter, each State par7 ticipating in such an agreement shall submit to 

8 the Secretary of Labor a corrective action plan 

9 that includes a description of the actions the 

10 State has taken and intends to take to address 

11 any backlog of the processing of unemployment 

12 claims described in paragraph (1)(A). The Sec13 retary may waive the requirement under this 

14 subparagraph with respect to any State that the 

15 Secretary determines has made adequate progress 

16 in addressing any such backlog. 

17 ‘‘(B) TECHNICAL ASSISTANCE.—The Sec18 retary of Labor shall make technical assistance 

19 available to States to the extent feasible to enable 

20 States to develop and implement corrective ac21 tion plans in accordance with this paragraph. If 

22 the Secretary of Labor determines at any time 

23 that a State has failed to take reasonable actions 

24 under a corrective action plan to address a 

25 claims backlog, the State shall collaborate with 
967 

•HR 925 EAH 

1 the Secretary to develop a subsequent corrective 

2 action plan to achieve clearly defined, targeted 

3 outcomes. 

4 ‘‘(C) REPORT TO CONGRESS.—Upon receipt 

5 of a corrective action plan described in subpara6 graph (A), the Secretary of Labor shall publish 

7 such plan on the website of the Department of 

8 Labor and shall submit such report to the Com9 mittee on Ways and Means of the House of Rep10 resentatives and the Committee on Finance of the 

11 Senate.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall apply with respect to weeks beginning after 

14 the date of enactment of this Act. 

15 TITLE VI—ADDITIONAL 

16 BENEFITS FOR MIXED EARNERS 

17 SECTION 601. MIXED EARNER UNEMPLOYMENT COMPENSA18 TION. 

19 (a) IN GENERAL.—Section 2104(b)(1) of the CARES 

20 Act (15 U.S.C. 9023(b)(1)) is amended— 

21 (1) in subparagraph (B), by striking the period 

22 at the end and inserting ‘‘, plus’’; and 

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

24 ‘‘(C) an additional amount of $125 (in this 

25 section referred to as ‘Mixed Earner Unemploy-
968 

•HR 925 EAH 

1 ment Compensation’) in any case in which the 

2 individual received at least $5,000 of self-em3 ployment income (as defined in section 1402(b) 

4 of the Internal Revenue Code of 1986) in the 

5 most recent taxable year ending prior to the in6 dividual’s application for regular compensa7 tion.’’. 

8 (b) CONFORMING AMENDMENTS.—Section 2104 of such 

9 Act is amended— 

10 (1) by inserting ‘‘or Mixed Earner Unemploy11 ment Compensation’’ after ‘‘Federal Pandemic Unem12 ployment Compensation’’ each place such term ap13 pears in subsection (b)(2), (c), or (f) of such section; 

14 (2) in subsection (d), by inserting ‘‘and Mixed 

15 Earner Unemployment Compensation’’ after ‘‘Federal 

16 Pandemic Unemployment Compensation’’; and 

17 (3) in subsection (g), by striking ‘‘provide that’’ 

18 and all that follows through the end and inserting 

19 ‘‘provide that— 

20 ‘‘(1) the purposes of the preceding provisions of 

21 this section, as such provisions apply with respect to 

22 Federal Pandemic Unemployment Compensation, 

23 shall be applied with respect to unemployment bene24 fits described in subsection (i)(2) to the same extent 
969 

•HR 925 EAH 

1 and in the same manner as if those benefits were reg2 ular compensation; and 

3 ‘‘(2) the purposes of the preceding provisions of 

4 this section, as such provisions apply with respect to 

5 Mixed Earner Unemployment Compensation, shall be 

6 applied with respect to unemployment benefits de7 scribed in subparagraph (B) or (D) of subsection 

8 (i)(2) to the same extent and in the same manner as 

9 if those benefits were regular compensation.’’. 

10 (c) APPLICABILITY.—The amendments made by this 

11 section shall not apply with respect to a State participating 

12 in an agreement under section 2104 of the CARES Act un13 less the State so elects, in which case such amendments shall 

14 apply with respect to weeks of unemployment beginning on 

15 or after the later of the date of such election or the date 

16 of enactment of this section. 

17 TITLE VII—TECHNICAL 

18 CORRECTIONS 

19 SEC. 701. GRACE PERIOD FOR FULL FINANCING OF SHORT20 TIME COMPENSATION PROGRAMS. 

21 Section 2108(c) of the CARES Act (15 U.S.C. 9026(c)) 

22 is amended by striking ‘‘shall be eligible’’ and all that fol23 lows through the end and inserting the following: ‘‘ 

24 ‘‘shall be eligible— 
970 

•HR 925 EAH 

1 ‘‘(1) for payments under subsection (a) for weeks 

2 of unemployment beginning after the effective date of 

3 such enactment; and 

4 ‘‘(2) for an additional payment equal to the total 

5 amount of payments for which the State is eligible 

6 pursuant to an agreement under section 2109 for 

7 weeks of unemployment before such effective date.’’. 

8 SEC. 702. TECHNICAL CORRECTION FOR THE COMMON9 WEALTH OF NORTHERN MARIANA ISLANDS. 

10 A Commonwealth Only Transitional Worker (as de11 fined in section 6(i)(2) of the Joint Resolution entitled ‘‘A 

12 Joint Resolution to approve the ‘Covenant To Establish a 

13 Commonwealth of the Northern Mariana Islands in Polit14 ical Union with the United States of America’, and for 

15 other purposes’’ (48 U.S.C. 1806)) shall be considered a 

16 qualified alien under section 431 of Public Law 104–193 

17 (8 U.S.C. 1641) for purposes of eligibility for a benefit 

18 under section 2102 or 2104 of the CARES Act. 

19 SEC. 703. TECHNICAL AMENDMENT RELATING TO PAN20 DEMIC UNEMPLOYMENT ASSISTANCE. 

21 Section 2102(h) of the CARES Act (15 U.S.C. 

22 9021(h)) is amended by striking ‘‘section 625’’ each place 

23 it appears and inserting ‘‘part 625’’. 
971 

•HR 925 EAH 

1 DIVISION J—EMERGENCY AS2 SISTANCE, ELDER JUSTICE, 

3 AND CHILD AND FAMILY SUP4 PORT 

5 TITLE I—EMERGENCY 

6 ASSISTANCE 

7 SEC. 101. FUNDING TO STATES, LOCALITIES, AND COMMU8 NITY-BASED ORGANIZATIONS FOR EMER9 GENCY AID AND SERVICES. 

10 (a) FUNDING FOR STATES.— 

11 (1) INCREASE IN FUNDING FOR SOCIAL SERVICES

12 BLOCK GRANT PROGRAM.— 

13 (A) IN GENERAL.—The amount specified in 

14 subsection (c) of section 2003 of the Social Secu15 rity Act for purposes of subsections (a) and (b) 

16 of such section is deemed to be $11,325,000,000 

17 for fiscal year 2020, of which $9,600,000,000 

18 shall be obligated by States in accordance with 

19 this subsection. 

20 (B) APPROPRIATION.—Out of any money in 

21 the Treasury of the United States not otherwise 

22 appropriated, there are appropriated 

23 $9,600,000,000, which shall be available for pay24 ments under section 2002 of the Social Security 
972 

•HR 925 EAH 

1 Act, which shall remain available until the end 

2 of fiscal year 2021. 

3 (C) DEADLINE FOR DISTRIBUTION OF

4 FUNDS.—Within 45 days after the date of the en5 actment of this Act, the Secretary of Health and 

6 Human Services shall distribute the funds made 

7 available by this paragraph, which shall be made 

8 available to States on an emergency basis for im9 mediate obligation and expenditure. 

10 (D) SUBMISSION OF REVISED PRE-EXPENDI11 TURE REPORT.—Within 90 days after a State 

12 receives funds made available by this paragraph, 

13 the State shall submit to the Secretary a revised 

14 pre-expenditure report pursuant to title XX of 

15 the Social Security Act that describes how the 

16 State plans to administer the funds. 

17 (E) DEADLINE FOR OBLIGATION OF FUNDS

18 BY STATES.—A State to which funds made avail19 able by this paragraph are distributed shall obli20 gate the funds not later than 120 days after re21 ceipt. 

22 (F) DEADLINE FOR EXPENDITURE OF

23 FUNDS.—A grantee to which a State (or a sub24 grantee to which a grantee) provides funds made 
973 

•HR 925 EAH 

1 available by this paragraph shall expend the 

2 funds not later than December 31, 2021. 

3 (2) RULES GOVERNING USE OF ADDITIONAL

4 FUNDS.—A State to which funds made available by 

5 paragraph (1)(B) are distributed shall use the funds 

6 in accordance with the following: 

7 (A) PURPOSE.— 

8 (i) IN GENERAL.—The State shall use 

9 the funds only to support the provision of 

10 emergency services to disadvantaged chil11 dren, families, and households. 

12 (ii) DISADVANTAGED DEFINED.—In 

13 this paragraph, the term ‘‘disadvantaged’’ 

14 means, with respect to an entity, that the 

15 entity— 

16 (I) is an individual, or is located 

17 in a community, that is experiencing 

18 material hardship; 

19 (II) is a household in which there 

20 is a child (as defined in section 12(d) 

21 of the Richard B. Russell National 

22 School Lunch Act) or a child served 

23 under section 11(a)(1) of such Act, 

24 who, if not for the closure of the school 

25 attended by the child during a public 
974 

•HR 925 EAH 

1 health emergency designation and due 

2 to concerns about a COVID–19 out3 break, would receive free or reduced 

4 price school meals pursuant to such 

5 Act; 

6 (III) is an individual, or is lo7 cated in a community, with barriers to 

8 employment; or 

9 (IV) is located in a community 

10 that, as of the date of the enactment of 

11 this Act, is not experiencing a 56-day 

12 downward trajectory of— 

13 (aa) influenza-like illnesses; 

14 (bb) COVID-like syndromic 

15 cases; 

16 (cc) documented COVID–19 

17 cases; or 

18 (dd) positive test results as a 

19 percentage of total COVID–19 

20 tests. 

21 (B) PASS-THROUGH TO LOCAL ENTITIES.— 

22 (i) In the case of a State in which a 

23 county administers or contributes finan24 cially to the non-Federal share of the 

25 amounts expended in carrying out a State 
975 

•HR 925 EAH 

1 program funded under title IV of the Social 

2 Security Act, the State shall pass at least 

3 50 percent of all funds so made available 

4 through to the chief elected official of the 

5 city or county that administers the pro6 gram. 

7 (ii) In the case of any other State and 

8 any State to which clause (i) applies that 

9 does not pass through funds as described in 

10 that clause, the State shall— 

11 (I) pass at least 50 percent of the 

12 funds through to— 

13 (aa)(AA) local governments 

14 that will expend or distribute the 

15 funds in consultation with com16 munity-based organizations with 

17 experience serving disadvantaged 

18 families or individuals; or 

19 (BB) community-based orga20 nizations with experience serving 

21 disadvantaged families and indi22 viduals; and 

23 (bb) sub-State areas in pro24 portions based on the population 
976 

•HR 925 EAH 

1 of disadvantaged individuals liv2 ing in the areas; and 

3 (II) report to the Secretary on 

4 how the State determined the amounts 

5 passed through pursuant to this clause. 

6 (C) METHODS.— 

7 (i) IN GENERAL.—The State shall use 

8 the funds only for— 

9 (I) administering emergency serv10 ices; 

11 (II) providing short-term cash, 

12 non-cash, or in-kind emergency dis13 aster relief; 

14 (III) providing services with dem15 onstrated need in accordance with ob16 jective criteria that are made available 

17 to the public; 

18 (IV) operational costs directly re19 lated to providing services described in 

20 subclauses (I), (II), and (III); 

21 (V) local government emergency 

22 social service operations; and 

23 (VI) providing emergency social 

24 services to rural and frontier commu-
977 

•HR 925 EAH 

1 nities that may not have access to 

2 other emergency funding streams. 

3 (ii) ADMINISTERING EMERGENCY SERV4 ICES DEFINED.—In clause (i), the term ‘‘ad5 ministering emergency services’’ means— 

6 (I) providing basic disaster relief, 

7 economic, and well-being necessities to 

8 ensure communities are able to safely 

9 observe shelter-in-place and social 

10 distancing orders; 

11 (II) providing necessary supplies 

12 such as masks, gloves, and soap, to 

13 protect the public against infectious 

14 disease; and 

15 (III) connecting individuals, chil16 dren, and families to services or pay17 ments for which they may already be 

18 eligible. 

19 (D) PROHIBITIONS.— 

20 (i) NO INDIVIDUAL ELIGIBILITY DE21 TERMINATIONS BY GRANTEES OR SUB22 GRANTEES.—Neither a grantee to which the 

23 State provides the funds nor any subgrantee 

24 of such a grantee may exercise individual 

25 eligibility determinations for the purpose of 
978 

•HR 925 EAH 

1 administering short-term, non-cash, in-kind 

2 emergency disaster relief to communities. 

3 (ii) APPLICABILITY OF CERTAIN SOCIAL

4 SERVICES BLOCK GRANT FUNDS USE LIMI5 TATIONS.—The State shall use the funds 

6 subject to the limitations in section 2005 of 

7 the Social Security Act, except that, for 

8 purposes of this clause, section 2005(a)(2) 

9 and 2005(a)(8) of such Act shall not apply. 

10 (iii) NO SUPPLANTATION OF CERTAIN

11 STATE FUNDS.—The State may use the 

12 funds to supplement, not supplant, State 

13 general revenue funds for social services. 

14 (iv) BAN ON USE FOR CERTAIN COSTS

15 REIMBURSABLE BY FEMA.—The State may 

16 not use the funds for costs that are reim17 bursable by the Federal Emergency Manage18 ment Agency, under a contract for insur19 ance, or by self-insurance. 

20 (b) FUNDING FOR INDIAN TRIBES AND TRIBAL ORGA21 NIZATIONS.— 

22 (1) GRANTS.— 

23 (A) IN GENERAL.—Within 90 days after the 

24 date of the enactment of this Act, the Secretary 

25 of Health and Human Services shall make 
979 

•HR 925 EAH 

1 grants to Indian Tribes and Tribal organiza2 tions. 

3 (B) AMOUNT OF GRANT.—The amount of 

4 the grant for an Indian Tribe or Tribal organi5 zation shall bear the same ratio to the amount 

6 appropriated by paragraph (3) as the total 

7 amount of grants awarded to the Indian Tribe 

8 or Tribal organization under the Low-Income 

9 Home Energy Assistance Act of 1981 and the 

10 Community Service Block Grant for fiscal year 

11 2020 bears to the total amount of grants award12 ed to all Indian Tribes and Tribal organizations 

13 under such Act and such Grant for the fiscal 

14 year. 

15 (2) RULES GOVERNING USE OF FUNDS.—An en16 tity to which a grant is made under paragraph (1) 

17 shall obligate the funds not later than September 30, 

18 2021, and the funds shall be expended by grantees 

19 and subgrantees not later than September 30, 2022, 

20 and used in accordance with the following: 

21 (A) PURPOSE.— 

22 (i) IN GENERAL.—The grantee shall 

23 use the funds only to support the provision 

24 of emergency services to disadvantaged 

25 households. 
980 

•HR 925 EAH 

1 (ii) DISADVANTAGED DEFINED.—In 

2 clause (i), the term ‘‘disadvantaged’’ means, 

3 with respect to an entity, that the entity— 

4 (I) is an individual, or is located 

5 in a community, that is experiencing 

6 material hardship; 

7 (II) is a household in which there 

8 is a child (as defined in section 12(d) 

9 of the Richard B. Russell National 

10 School Lunch Act) or a child served 

11 under section 11(a)(1) of such Act, 

12 who, if not for the closure of the school 

13 attended by the child during a public 

14 health emergency designation and due 

15 to concerns about a COVID–19 out16 break, would receive free or reduced 

17 price school meals pursuant to such 

18 Act; 

19 (III) is an individual, or is lo20 cated in a community, with barriers to 

21 employment; or 

22 (IV) is located in a community 

23 that, as of the date of the enactment of 

24 this Act, is not experiencing a 56-day 

25 downward trajectory of— 
981 

•HR 925 EAH 

1 (aa) influenza-like illnesses; 

2 (bb) COVID-like syndromic 

3 cases; 

4 (cc) documented COVID–19 

5 cases; or 

6 (dd) positive test results as a 

7 percentage of total COVID–19 

8 tests. 

9 (B) METHODS.— 

10 (i) IN GENERAL.—The grantee shall 

11 use the funds only for— 

12 (I) administering emergency serv13 ices; 

14 (II) providing short-term, non15 cash, in-kind emergency disaster relief; 

16 and 

17 (III) tribal emergency social serv18 ice operations. 

19 (ii) ADMINISTERING EMERGENCY SERV20 ICES DEFINED.—In clause (i), the term ‘‘ad21 ministering emergency services’’ means— 

22 (I) providing basic economic and 

23 well-being necessities to ensure commu24 nities are able to safely observe shelter25 in-place and social distancing orders; 
982 

•HR 925 EAH 

1 (II) providing necessary supplies 

2 such as masks, gloves, and soap, to 

3 protect the public against infectious 

4 disease; and 

5 (III) connecting individuals, chil6 dren, and families to services or pay7 ments for which they may already be 

8 eligible. 

9 (C) PROHIBITIONS.— 

10 (i) NO INDIVIDUAL ELIGIBILITY DE11 TERMINATIONS BY GRANTEES OR SUB12 GRANTEES.—Neither the grantee nor any 

13 subgrantee may exercise individual eligi14 bility determinations for the purpose of ad15 ministering short-term, non-cash, in-kind 

16 emergency disaster relief to communities. 

17 (ii) BAN ON USE FOR CERTAIN COSTS

18 REIMBURSABLE BY FEMA.—The grantee 

19 may not use the funds for costs that are re20 imbursable by the Federal Emergency Man21 agement Agency, under a contract for insur22 ance, or by self-insurance. 

23 (3) APPROPRIATION.—Out of any money in the 

24 Treasury of the United States not otherwise appro-
983 

•HR 925 EAH 

1 priated, there are appropriated $400,000,000 to make 

2 tribal grants under this subsection. 

3 SEC. 102. EMERGENCY ASSISTANCE TO FAMILIES THROUGH 

4 HOME VISITING PROGRAMS. 

5 (a) IN GENERAL.—For purposes of section 511 of the 

6 Social Security Act, during the period that begins on Feb7 ruary 1, 2020, and ends January 31, 2021— 

8 (1) a virtual home visit shall be considered a 

9 home visit; 

10 (2) funding for, and staffing levels of, a program 

11 conducted pursuant to such section shall not be re12 duced on account of reduced enrollment in the pro13 gram; and 

14 (3) funds provided for such a program may be 

15 used— 

16 (A) to train home visitors in conducting a 

17 virtual home visit and in emergency prepared18 ness and response planning for families served, 

19 and may include training on how to safely con20 duct intimate partner violence screenings, and 

21 training on safety and planning for families 

22 served; 

23 (B) for the acquisition by families enrolled 

24 in the program of such technological means as 
984 

•HR 925 EAH 

1 are needed to conduct and support a virtual 

2 home visit; 

3 (C) to provide emergency supplies (such as 

4 diapers, formula, non-perishable food, water, 

5 hand soap and hand sanitizer) to families 

6 served; and 

7 (D) to provide prepaid grocery cards to an 

8 eligible family (as defined in section 511(k)(2) of 

9 such Act) for the purpose of enabling the family 

10 to meet the emergency needs of the family. 

11 (b) VIRTUAL HOME VISIT DEFINED.—In subsection 

12 (a), the term ‘‘virtual home visit’’ means a visit that is con13 ducted solely by the use of electronic information and tele14 communications technologies. 

15 (c) AUTHORITY TO DELAY DEADLINES.— 

16 (1) IN GENERAL.—The Secretary of Health and 

17 Human Services may extend the deadline by which a 

18 requirement of section 511 of the Social Security Act 

19 must be met, by such period of time as the Secretary 

20 deems appropriate. 

21 (2) GUIDANCE.—The Secretary of Health and 

22 Human Services shall provide to eligible entities 

23 funded under section 511 of the Social Security Act 

24 information on the parameters used in extending a 

25 deadline under paragraph (1) of this subsection. 
985 

•HR 925 EAH 

1 (d) SUPPLEMENTAL APPROPRIATION.—In addition to 

2 amounts otherwise appropriated, out of any money in the 

3 Treasury of the United States not otherwise appropriated, 

4 there are appropriated to the Secretary of Health and 

5 Human Services $100,000,000, to enable eligible entities to 

6 conduct programs funded under section 511 of the Social 

7 Security Act pursuant to this section, which shall remain 

8 available for obligation not later than January 31, 2021. 

9 TITLE II—REAUTHORIZATION OF 

10 FUNDING FOR PROGRAMS TO 

11 PREVENT, INVESTIGATE, AND 

12 PROSECUTE ELDER ABUSE, 

13 NEGLECT, AND EXPLOI14 TATION 

15 SEC. 201. ELDER ABUSE, NEGLECT, AND EXPLOITATION FO16 RENSIC CENTERS. 

17 Section 2031(f) of the Social Security Act (42 U.S.C. 

18 1397l(f)) is amended— 

19 (1) in paragraph (2), by striking ‘‘and’’ after the 

20 semicolon; 

21 (2) in paragraph (3), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

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

24 ‘‘(4) for fiscal year 2021, $5,000,000.’’. 
986 

•HR 925 EAH 

1 SEC. 202. GRANTS FOR LONG-TERM CARE STAFFING AND 

2 TECHNOLOGY. 

3 Section 2041(d) of the Social Security Act (42 U.S.C. 

4 1397m(d)) is amended— 

5 (1) in paragraph (2), by striking ‘‘and’’ after the 

6 semicolon; 

7 (2) in paragraph (3), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

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

10 ‘‘(4) for fiscal year 2021, $14,000,000.’’. 

11 SEC. 203. ADULT PROTECTIVE SERVICES FUNCTIONS AND 

12 GRANT PROGRAMS. 

13 Section 2042 of the Social Security Act (42 U.S.C. 

14 1397m–1) is amended— 

15 (1) in subsection (a)(2), by striking 

16 ‘‘$3,000,000’’ and all that follows through the period 

17 and inserting ‘‘$3,000,000 for fiscal year 2021.’’; 

18 (2) in subsection (b)(5), by striking 

19 ‘‘$100,000,000’’ and all that follows through the pe20 riod and inserting ‘‘$100,000,000 for fiscal year 

21 2021.’’; and 

22 (3) in subsection (c)(6), by striking 

23 ‘‘$25,000,000’’ and all that follows through the period 

24 and inserting ‘‘$20,000,000 for fiscal year 2021.’’. 
987 

•HR 925 EAH 

1 SEC. 204. LONG-TERM CARE OMBUDSMAN PROGRAM 

2 GRANTS AND TRAINING. 

3 Section 2043 of the Social Security Act (42 U.S.C. 

4 1397m–2) is amended— 

5 (1) in subsection (a)(2)— 

6 (A) in subparagraph (B), by striking ‘‘and’’ 

7 after the semicolon; 

8 (B) in subparagraph (C), by striking the 

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

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

11 ‘‘(D) for fiscal year 2021, $8,000,000.’’; and 

12 (2) in subsection (b)(2), by inserting before the 

13 period the following: ‘‘, and for fiscal year 2021, 

14 $10,000,000’’. 

15 SEC. 205. INVESTIGATION SYSTEMS AND TRAINING. 

16 Section 6703(b) of the Patient Protection and Afford17 able Care Act (42 U.S.C. 1395i–3a(b)) is amended— 

18 (1) in paragraph (1)(C), by striking ‘‘for the pe19 riod’’ and all that follows through the period and in20 serting ‘‘for fiscal year 2021, $10,000,000.’’; and 

21 (2) in paragraph (2)(C), by striking ‘‘for each of 

22 fiscal years 2011 through 2014, $5,000,000’’ and in23 serting ‘‘for fiscal year 2021, $4,000,000’’. 

24 SEC. 206. INCREASED FUNDING FOR STATES AND INDIAN 

25 TRIBES FOR ADULT PROTECTIVE SERVICES. 

26 (a) INCREASE IN FUNDING.— 
988 

•HR 925 EAH 

1 (1) RESERVATION OF FUNDS.—Of the amount 

2 made available to carry out subtitle A of title XX of 

3 the Social Security Act for fiscal year 2020, 

4 $25,000,000 shall be reserved for obligation by States 

5 during calendar year 2020 in accordance with sub6 section (b) of this section. 

7 (2) APPROPRIATION.—Out of any money in the 

8 Treasury of the United States not otherwise appro9 priated, there are appropriated $25,000,000 for fiscal 

10 year 2020 to make grants to States under this sub11 section, which shall remain available until the end of 

12 fiscal year 2021. 

13 (3) DEADLINE FOR DISTRIBUTION OF FUNDS.— 

14 Within 45 days after the date of the enactment of this 

15 Act, the Secretary of Health and Human Services 

16 shall distribute the funds reserved under paragraph 

17 (1) of this subsection, which shall be made available 

18 to States (as defined for purposes of title XX of the 

19 Social Security Act in section 1101 of such Act (42 

20 U.S.C. 1301)) on an emergency basis for immediate 

21 obligation and expenditure. 

22 (4) SUBMISSION OF REVISED PRE-EXPENDITURE

23 REPORT.—Within 90 days after a State receives funds 

24 distributed under paragraph (3), the State shall sub25 mit to the Secretary of Health and Human Services 
989 

•HR 925 EAH 

1 a revised pre-expenditure report pursuant to subtitle 

2 A of title XX of the Social Security Act (42 U.S.C. 

3 1397 et seq.) that describes how the State plans to ad4 minister the funds. 

5 (5) DEADLINE FOR OBLIGATION OF FUNDS BY

6 STATES.—Within 120 days after funds are distributed 

7 to a State under paragraph (3), the State shall obli8 gate the funds. 

9 (6) DEADLINE FOR EXPENDITURE OF FUNDS.— 

10 A grantee to which a State (or a subgrantee to which 

11 a grantee) provides funds distributed under this sub12 section shall expend the funds not later than Decem13 ber 31, 2021. 

14 (b) RULES GOVERNING USE OF ADDITIONAL FUNDS.— 

15 Funds are used in accordance with this subsection if— 

16 (1) the funds are used for adult protective serv17 ices (as defined in section 2011(2) of the Social Secu18 rity Act (42 U.S.C. 1397j(2)); 

19 (2) the funds are used subject to the limitations 

20 in section 2005 of the Social Security Act (42 U.S.C. 

21 1397d); and 

22 (3) the funds are used to supplement, not sup23 plant, State general revenue funds or funds provided 

24 under section 2002 of the Social Security Act for 

25 adult protective services. 
990 

•HR 925 EAH 

1 (c) FUNDING FOR INDIAN TRIBES AND TRIBAL ORGA2 NIZATIONS.— 

3 (1) GRANTS.— 

4 (A) IN GENERAL.—Within 90 days after the 

5 date of the enactment of this Act, the Secretary 

6 of Health and Human Services shall make 

7 grants to Indian Tribes and Tribal organiza8 tions (as defined in section 677(e)(1) of the Com9 munity Services Block Grant Act (42 U.S.C. 

10 9911(e)(1))). 

11 (B) AMOUNT OF GRANT.—The amount of 

12 the grant for an Indian Tribe or Tribal organi13 zation shall bear the same ratio to the amount 

14 appropriated by paragraph (3) as the total 

15 amount of grants awarded to the Indian Tribe 

16 or Tribal organization under the Low-Income 

17 Home Energy Assistance Act of 1981 and the 

18 Community Service Block Grant for fiscal year 

19 2020 bears to the total amount of grants award20 ed to all Indian Tribes and Tribal organizations 

21 under such Act and such Grant for the fiscal 

22 year. 

23 (2) RULES GOVERNING USE OF FUNDS.—An en24 tity to which a grant is made under paragraph (1) 

25 shall obligate the funds not later than September 30, 
991 

•HR 925 EAH 

1 2021, and the funds shall be expended by grantees 

2 and subgrantees not later than December 31, 2021, 

3 and used in accordance with subsection (b) of this sec4 tion (except that paragraph (3) of such subsection 

5 shall be applied by substituting ‘‘general revenue 

6 funds of the Indian Tribe or Tribal organization’’ for 

7 ‘‘State general revenue funds’’). 

8 (3) REPORTS.— 

9 (A) PRE-EXPENDITURE REPORT AND IN10 TENDED USE PLAN.—Not later than 90 days 

11 after an Indian Tribe or Tribal organization re12 ceives funds made available by this subsection, 

13 the Indian Tribe or Tribal organization shall 

14 submit to the Secretary of Health and Human 

15 Services a pre-expenditure report on the intended 

16 use of such funds including information on the 

17 types of activities to be supported and the cat18 egories or characteristics of individuals to be 

19 served. The Indian Tribe or Tribal organization 

20 shall subsequently revise the pre-expenditure re21 port as necessary to reflect substantial changes 

22 in the activities to be supported or the categories 

23 or characteristics of individuals to be served. 

24 (B) POST-EXPENDITURE REPORT.—Not 

25 later than January 1, 2022, each Indian Tribe 
992 

•HR 925 EAH 

1 or Tribal organization that receives funds made 

2 available under this section shall submit to the 

3 Secretary of Health and Human Services a re4 port on the activities supported by such funds. 

5 Such report shall be in such form and contain 

6 such information (including the information de7 scribed in section 2006(c) of the Social Security 

8 Act (42 U.S.C. 1397e(c))) as the Tribe or organi9 zation finds necessary to provide an accurate de10 scription of such activities, to secure a complete 

11 record of the purposes for which funds were 

12 spent, and to determine the extent to which funds 

13 were spent in a manner consistent with the re14 port required by subparagraph (A). 

15 (4) APPROPRIATION.—Out of any money in the 

16 Treasury of the United States not otherwise appro17 priated, there are appropriated $650,000 for making 

18 grants to Indian Tribes and Tribal organizations 

19 under this subsection. 

20 SEC. 207. ASSESSMENT REPORTS. 

21 (a) IN GENERAL.—Not later than 2 years after the 

22 date of enactment of this Act, the Secretary of Health and 

23 Human Services shall submit a report to the Congress on 

24 the programs, coordinating bodies, registries, and activities 

25 established or authorized under subtitle B of title XX of the 
993 

•HR 925 EAH 

1 Social Security Act (42 U.S.C. 1397l et seq.) or section 

2 6703(b) of the Patient Protection and Affordable Care Act 

3 (42 U.S.C. 1395i–3a(b)). The report shall assess the extent 

4 to which such programs, coordinating bodies, registries, and 

5 activities have improved access to, and the quality of, re6 sources available to aging Americans and their caregivers 

7 to ultimately prevent, detect, and treat abuse, neglect, and 

8 exploitation, and shall include, as appropriate, rec9 ommendations to Congress on funding levels and policy 

10 changes to help these programs, coordinating bodies, reg11 istries, and activities better prevent, detect, and treat abuse, 

12 neglect, and exploitation of aging Americans. 

13 (b) LIMITATIONS ON AUTHORIZATION OF APPROPRIA14 TIONS.—For fiscal year 2021, out of any money in the 

15 Treasury of the United States not otherwise appropriated, 

16 there are authorized to be appropriated to the Secretary of 

17 Health and Human Services $1,000,000 to carry out this 

18 section. 
994 

•HR 925 EAH 

1 TITLE III—FAIRNESS FOR SEN2 IORS AND PEOPLE WITH DIS3 ABILITIES DURING COVID–19 

4 SEC. 301. SOCIAL SECURITY AND SUPPLEMENTAL SECURITY 

5 INCOME BENEFICIARY PROTECTIONS RE6 GARDING INCORRECT PAYMENTS DURING 

7 COVID–19. 

8 (a) NO ADJUSTMENT, RECOVERY, OR LIABILITY WITH

9 RESPECT TO CERTAIN INCORRECT PAYMENTS.— 

10 (1) IN GENERAL.— 

11 (A) NO ADJUSTMENT, RECOVERY, OR LI12 ABILITY.—Notwithstanding any other provision 

13 of title II, title VIII, title XI, or title XVI of the 

14 Social Security Act, and subject to subparagraph 

15 (D), in the case of any payment under title II, 

16 title VIII, or title XVI of such Act of more than 

17 the correct amount for any month during the pe18 riod beginning on March 1, 2020, and ending on 

19 January 31, 2021 (other than a payment de20 scribed in paragraph (2)), there shall be no ad21 justment of such payment to, or recovery by the 

22 United States from, any person, estate, State, or 

23 organization, and no person, estate, State, or or24 ganization shall be liable for the repayment of 
995 

•HR 925 EAH 

1 the amount of such payment in excess of the cor2 rect amount. 

3 (B) AUTOMATIC RELIEF.—The Commis4 sioner of Social Security shall apply subpara5 graph (A) to each payment described therein 

6 without requiring such person, estate, State, or 

7 organization to so request and regardless of 

8 whether such person, estate, State, or organiza9 tion so requests. 

10 (C) PRESUMPTIONS TO APPLY.—For the 

11 purposes of precluding such adjustment or recov12 ery, the Commissioner of Social Security may 

13 presume— 

14 (i) all such persons, estates, States, or 

15 organizations to be not at fault; and 

16 (ii) recovery to be against equity and 

17 good conscience. 

18 (D) RULE OF CONSTRUCTION.—Notwith19 standing the preceding subparagraphs, in case of 

20 any payment described in subparagraph (A) that 

21 has been recovered, in full or in part, the Com22 missioner of Social Security shall have no obli23 gation to issue refunds of such recovered 

24 amounts. 
996 

•HR 925 EAH 

1 (2) AMOUNTS SUBJECT TO LIABILITY AND RE2 COVERY.—A payment described in this paragraph is 

3 a payment of more than the correct amount resulting 

4 from— 

5 (A) a conviction for an offense under section 

6 208(a), 811, or 1632(a) of the Social Security 

7 Act; 

8 (B) an incorrect or incomplete statement 

9 that is knowingly made and material, or the 

10 knowing concealment of material information; or 

11 (C) a determination that a representative 

12 payee misused benefits made under section 

13 205(j), 807, or 1631(a)(2) of the Social Security 

14 Act, 

15 but only if such offense, misstatement, or misuse oc16 curred on or after March 1. 

17 (b) NOTIFICATIONS; SUSPENSION OF RECOVERY UPON

18 REQUEST.— 

19 (1) RECOVERY BY ADJUSTMENT OF BENEFITS.— 

20 (A) IN GENERAL.—Not later than November 

21 30, 2020, the Commissioner of Social Security 

22 shall— 

23 (i) notify each covered individual of 

24 the opportunity to request that the adjust25 ment of benefits described in subparagraph 
997 

•HR 925 EAH 

1 (B) be reduced or suspended during the pe2 riod described in subsection (a)(1); and 

3 (ii) reduce or suspend (as requested) 

4 such adjustment immediately upon receipt 

5 of the request. 

6 (B) COVERED INDIVIDUAL.—In this para7 graph, the term ‘‘covered individual’’ means an 

8 individual with respect to whom the recovery of 

9 any payment under title II, title VIII, or title 

10 XVI of the Social Security Act of more than the 

11 correct amount (other than a payment described 

12 in paragraph (a)(2)) is in effect, by adjustment 

13 of the individual’s monthly benefits or underpay14 ments, for any month during the period de15 scribed in subsection (a)(1). 

16 (2) RECOVERY BY INSTALLMENT AGREEMENTS.— 

17 Not later than November 30, 2020, the Commissioner 

18 of Social Security shall notify each party owing a 

19 debt to the Social Security Administration (other 

20 than a debt arising from a payment described in 

21 paragraph (a)(2)) with respect to which an install22 ment agreement is in effect of the opportunity to re23 quest that the installment payments under such agree24 ment be suspended during the period described in sub25 section (a)(1), and shall suspend such payments upon 
998 

•HR 925 EAH 

1 request. The Commissioner of Social Security shall 

2 deem a debt for which such a suspension has been 

3 made to be not delinquent during such period. 

4 (c) REPORT.—Not later than 30 days after the date 

5 of enactment of this Act, the Commissioner of Social Secu6 rity shall submit a report to the Committee on Ways and 

7 Means of the House of Representatives and the Committee 

8 on Finance of the Senate describing the Commissioner’s ac9 tivities under this section. 

10 (d) DEEMED ELIGIBILITY FOR SSI FOR PURPOSES OF

11 DETERMINING MEDICAID ELIGIBILITY.— 

12 (1) IN GENERAL.—Notwithstanding any provi13 sion of title XVI or title XIX of the Social Security 

14 Act (or section 212(a) of Public Law 93–66), each in15 dividual who receives a covered supplemental pay16 ment for any month during the period described in 

17 subsection (a)(1) and is subsequently determined to be 

18 ineligible for such payment shall be deemed to be a 

19 recipient of supplemental security income benefits 

20 under title XVI or State supplementary benefits of the 

21 type referred to in section 1616(a) of such Act (or 

22 payments of the type described in section 212(a) of 

23 Public Law 93–66), as the case may be, for such 

24 month for purposes of determining the individual’s 

25 eligibility for medical assistance under a State plan 
999 

•HR 925 EAH 

1 approved under title XIX of the Social Security Act 

2 (42 U.S.C. 1396 et seq.) (or a waiver of such plan). 

3 (2) COVERED SUPPLEMENTAL PAYMENT.—For 

4 purposes of this subsection, a covered supplemental 

5 payment is— 

6 (A) a payment of a supplemental security 

7 income benefit under title XVI of the Social Se8 curity Act; or 

9 (B) a State supplementary payment of the 

10 type referred to in section 1616(a) of such title 

11 (or a payment of the type described in section 

12 212(a) of Public Law 93–66). 

13 (e) PROTECTION FOR CERTAIN MEDICARE BENE14 FICIARIES.—Notwithstanding section 226(a) of the Social 

15 Security Act, in the case of any individual— 

16 (1) who is entitled to hospital insurance benefits 

17 under part A of title XVIII of the Social Security by 

18 operation of section 226(a) of such Act; and 

19 (2) whose entitlement to monthly insurance bene20 fits under section 202 of such Act or status as a 

21 qualified railroad retirement beneficiary (as defined 

22 in section 226(d) of such Act) terminates with any 

23 month during the period beginning on March 1, 2020, 

24 and ending on January 31, 2021, as a result of a de25 termination made on or after August 31, 2020, 
1000 

•HR 925 EAH 

1 the individual’s entitlement to such hospital insurance ben2 efits shall end with the month following the month in which 

3 notice of termination of such entitlement to monthly insur4 ance benefits under section 202 of such Act or such status 

5 as a qualified railroad retirement beneficiary is mailed to 

6 the individual, or if earlier, with the month before the 

7 month in which the individual dies. 

8 (f) HOLD HARMLESS FOR THE SOCIAL SECURITY

9 TRUST FUNDS.—There are appropriated, out of any mon10 eys in the Treasury not otherwise appropriated, to each of 

11 the Federal Old-Age and Survivors Insurance Trust Fund 

12 and the Federal Disability Insurance Trust Fund for each 

13 fiscal year such amounts as the chief actuary of the Social 

14 Security Administration shall certify are necessary to place 

15 each such Trust Fund in the same position at the end of 

16 such fiscal year as it would have been in if the amendments 

17 made by this section had not been enacted. 

18 TITLE IV—SUPPORTING FOSTER 

19 YOUTH AND FAMILIES 

20 THROUGH THE PANDEMIC 

21 SEC. 401. SHORT TITLE. 

22 This title may be cited as the ‘‘Supporting Foster 

23 Youth and Families through the Pandemic Act’’. 

24 SEC. 402. DEFINITIONS. 

25 In this title: 
1001 

•HR 925 EAH 

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

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

3 means the public health emergency declared by the 

4 Secretary pursuant to section 319 of the Public 

5 Health Service Act, entitled ‘‘Determination that a 

6 Public Health Emergency Exists Nationwide as the 

7 Result of the 2019 Novel Coronavirus’’. 

8 (2) COVID–19 PUBLIC HEALTH EMERGENCY PE9 RIOD.—The term ‘‘COVID–19 public health emer10 gency period’’ means the period beginning on April 1, 

11 2020 and ending with September 30, 2021. 

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

13 the Secretary of Health and Human Services. 

14 SEC. 403. CONTINUED SAFE OPERATION OF CHILD WEL15 FARE PROGRAMS AND SUPPORT FOR OLDER 

16 FOSTER YOUTH. 

17 (a) FUNDING INCREASES.— 

18 (1) INCREASE IN SUPPORT FOR CHAFEE PRO19 GRAMS.—Out of any money in the Treasury of the 

20 United States not otherwise appropriated, there are 

21 appropriated $400,000,000 for fiscal year 2020, to 

22 carry out section 477 of the Social Security Act, in 

23 addition to any amounts otherwise made available for 

24 such purpose. 
1002 

•HR 925 EAH 

1 (2) EDUCATION AND TRAINING VOUCHERS.—Of 

2 the amount made available by reason of paragraph 

3 (1) of this subsection, not less than $50,000,000 shall 

4 be reserved for the provision of vouchers pursuant to 

5 section 477(h)(2) of the Social Security Act. 

6 (3) APPLICABILITY OF TECHNICAL ASSISTANCE

7 TO ADDITIONAL FUNDS.— 

8 (A) IN GENERAL.—Section 477(g)(2) of the 

9 Social Security Act shall apply with respect to 

10 the amount made available by reason of para11 graph (1) of this subsection as if the amount 

12 were included in the amount specified in section 

13 477(h) of such Act. 

14 (B) RESERVATION OF FUNDS.— 

15 (i) IN GENERAL.—Of the amount to 

16 which section 477(g)(2) of the Social Secu17 rity Act applies by reason of subparagraph 

18 (A) of this paragraph, the Secretary shall 

19 reserve not less than $500,000 to provide 

20 technical assistance to a State imple21 menting or seeking to implement a driving 

22 and transportation program for foster 

23 youth. 

24 (ii) PROVIDER QUALIFICATIONS.—The 

25 Secretary shall ensure that the entity pro-
1003 

•HR 925 EAH 

1 viding the assistance has demonstrated the 

2 capacity to— 

3 (I) successfully administer activi4 ties in 1 or more States to provide 

5 driver’s licenses to youth who are in 

6 foster care under the responsibility of 

7 the State; and 

8 (II) increase the number of such 

9 foster youth who obtain a driver’s li10 cense. 

11 (4) INAPPLICABILITY OF STATE MATCHING RE12 QUIREMENT TO ADDITIONAL FUNDS.—In making pay13 ments under subsections (a)(4) and (e)(1) of section 

14 474 of the Social Security Act from the additional 

15 funds made available as a result of paragraphs (1) 

16 and (2) of this subsection, the percentages specified in 

17 subsections (a)(4)(A)(i) and (e)(1) of such section are, 

18 respectively, deemed to be 100 percent. 

19 (5) MAXIMUM AWARD AMOUNT.—The dollar 

20 amount specified in section 477(i)(4)(B) of the Social 

21 Security Act through the end of fiscal year 2021 is 

22 deemed to be $12,000. 

23 (6) INAPPLICABILITY OF NYTD PENALTY TO ADDI24 TIONAL FUNDS.—In calculating any penalty under 

25 section 477(e)(2) of the Social Security Act with re-
1004 

•HR 925 EAH 

1 spect to the National Youth in Transition Database 

2 (NYTD) for the COVID–19 public health emergency 

3 period, none of the additional funds made available 

4 by reason of paragraphs (1) and (2) of this subsection 

5 shall be considered to be part of an allotment to a 

6 State under section 477(c) of such Act. 

7 (b) MAXIMUM AGE LIMITATION ON ELIGIBILITY FOR

8 ASSISTANCE.—During fiscal years 2020 and 2021, a child 

9 may be eligible for services and assistance under section 477 

10 of the Social Security Act until the child attains 27 years 

11 of age, notwithstanding any contrary certification made 

12 under such section. 

13 (c) SPECIAL RULE.—With respect to funds made 

14 available by reason of subsection (a) that are used during 

15 the COVID–19 public health emergency period to support 

16 activities due to the COVID–19 pandemic, the Secretary 

17 may not require any State to provide proof of a direct con18 nection to the pandemic if doing so would be administra19 tively burdensome or would otherwise delay or impede the 

20 ability of the State to serve foster youth. 

21 (d) PROGRAMMATIC FLEXIBILITIES.—During the 

22 COVID–19 public health emergency period: 

23 (1) SUSPENSION OF CERTAIN REQUIREMENTS

24 UNDER THE EDUCATION AND TRAINING VOUCHER

25 PROGRAM.—The Secretary shall allow a State to 
1005 

•HR 925 EAH 

1 waive the applicability of the requirement in section 

2 477(i)(3) of the Social Security Act that a youth 

3 must be enrolled in a postsecondary education or 

4 training program or making satisfactory progress to5 ward completion of that program if a youth is unable 

6 to do so due to the COVID–19 public health emer7 gency. 

8 (2) AUTHORITY TO USE VOUCHERS TO MAINTAIN

9 TRAINING AND POSTSECONDARY EDUCATION.—A 

10 voucher provided under a State educational and 

11 training voucher program under section 477(i) of the 

12 Social Security Act may be used for maintaining 

13 training and postsecondary education, including less 

14 than full-time matriculation costs or other expenses 

15 that are not part of the cost of attendance but would 

16 help support youth in remaining enrolled as described 

17 in paragraph (1) of this subsection. 

18 (3) AUTHORITY TO WAIVE LIMITATIONS ON PER19 CENTAGE OF FUNDS USED FOR HOUSING ASSISTANCE

20 AND ELIGIBILITY FOR SUCH ASSISTANCE.—Notwith21 standing section 477(b)(3)(B) of the Social Security 

22 Act, a State may use— 

23 (A) more than 30 percent of the amounts 

24 paid to the State from its allotment under sec-
1006 

•HR 925 EAH 

1 tion 477(c)(1) of such Act for a fiscal year, for 

2 room or board payments; and 

3 (B) any of such amounts for youth other4 wise eligible for services under section 477 of 

5 such Act who— 

6 (i) have attained 18 years of age and 

7 not 27 years of age; and 

8 (ii) experienced foster care at 14 years 

9 of age or older. 

10 (4) AUTHORITY TO PROVIDE DRIVING AND

11 TRANSPORTATION ASSISTANCE.— 

12 (A) USE OF FUNDS.—Funds provided under 

13 section 477 of the Social Security Act may be 

14 used to provide driving and transportation as15 sistance to youth described in paragraph (3)(B) 

16 who have attained 15 years of age with costs re17 lated to obtaining a driver’s license and driving 

18 lawfully in a State (such as vehicle insurance 

19 costs, driver’s education class and testing fees, 

20 practice lessons, practice hours, license fees, road21 side assistance, deductible assistance, and assist22 ance in purchasing an automobile). 

23 (B) MAXIMUM ALLOWANCE.—The amount of 

24 the assistance provided for each eligible youth 

25 under subparagraph (A) shall not exceed $4,000 
1007 

•HR 925 EAH 

1 per year, and any assistance so provided shall be 

2 disregarded for purposes of determining the re3 cipient’s eligibility for, and the amount of, any 

4 other Federal or federally-supported assistance, 

5 except that the State agency shall take appro6 priate steps to prevent duplication of benefits 

7 under this and other Federal or federally-sup8 ported programs. 

9 (C) REPORT TO THE CONGRESS.—Within 6 

10 months after the end of the expenditure period, 

11 the Secretary shall submit to the Congress a re12 port on the extent to which, and the manner in 

13 which, the funds to which subsection (a)(3) ap14 plies were used to provide technical assistance to 

15 State child welfare programs, monitor State per16 formance and foster youth outcomes, and evalu17 ate program effectiveness. 

18 SEC. 404. PREVENTING AGING OUT OF FOSTER CARE DUR19 ING THE PANDEMIC. 

20 (a) ADDRESSING FOSTER CARE AGE RESTRICTIONS

21 DURING THE PANDEMIC.—A State operating a program 

22 under part E of title IV of the Social Security Act may 

23 not require a child who is in foster care under the responsi24 bility of the State to leave foster care solely by reason of 

25 the child’s age. A child may not be found ineligible for foster 
1008 

•HR 925 EAH 

1 care maintenance payments under section 472 of such Act 

2 solely due to the age of the child or the failure of the child 

3 to meet a condition of section 475(8)(B)(iv) of such Act be4 fore October 1, 2021. 

5 (b) RE-ENTRY TO FOSTER CARE FOR YOUTH WHO

6 AGE OUT DURING THE PANDEMIC.—A State operating a 

7 program under the State plan approved under part E of 

8 title IV of the Social Security Act (and without regard to 

9 whether the State has exercised the option provided by sec10 tion 475(8)(B) of such Act to extend assistance under such 

11 part to older children) shall— 

12 (1) permit any youth who left foster care due to 

13 age during the COVID–19 public health emergency to 

14 voluntarily re-enter foster care; 

15 (2) provide to each such youth who was formally 

16 discharged from foster care during the COVID–19 

17 public health emergency, a notice designed to make 

18 the youth aware of the option to return to foster care; 

19 (3) facilitate the voluntary return of any such 

20 youth to foster care; and 

21 (4) conduct a public awareness campaign about 

22 the option to voluntarily re-enter foster care for youth 

23 who have not attained 22 years of age, who aged out 

24 of foster care in fiscal year 2020 or fiscal year 2021, 

25 and who are otherwise eligible to return to foster care. 
1009 

•HR 925 EAH 

1 (c) PROTECTIONS FOR YOUTH IN FOSTER CARE.—A 

2 State operating a program under the State plan approved 

3 under part E of title IV of the Social Security Act shall— 

4 (1) continue to ensure that the safety, perma5 nence, and well-being needs of older foster youth, in6 cluding youth who remain in foster care and youth 

7 who age out of foster care during that period but who 

8 re-enter foster care pursuant to this section, are met; 

9 and 

10 (2) work with any youth who remains in foster 

11 care after attaining 18 years of age (or such greater 

12 age as the State may have elected under section 

13 475(8)(B)(iii) of such Act) to develop, or review and 

14 revise, a transition plan consistent with the plan re15 ferred to in section 475(5)(H) of such Act, and assist 

16 the youth with identifying adults who can offer mean17 ingful, permanent connections. 

18 (d) AUTHORITY TO USE ADDITIONAL FUNDING FOR

19 CERTAIN COSTS INCURRED TO PREVENT AGING OUT OF, 

20 FACILITATING RE-ENTRY TO, AND PROTECTING YOUTH IN

21 CARE DURING THE PANDEMIC.— 

22 (1) IN GENERAL.—Subject to paragraph (2) of 

23 this subsection, a State to which additional funds are 

24 made available as a result of section 3(a) may use the 
1010 

•HR 925 EAH 

1 funds to meet any costs incurred in complying with 

2 subsections (a), (b), and (c) of this section. 

3 (2) RESTRICTIONS.— 

4 (A) The costs referred to in paragraph (1) 

5 must be incurred after the date of the enactment 

6 of this section and before October 1, 2021. 

7 (B) The costs of complying with subsection 

8 (a) or (c) of this section must not be incurred on 

9 behalf of children eligible for foster care mainte10 nance payments under section 472 of the Social 

11 Security Act, including youth who have attained 

12 18 years of age who are eligible for the payments 

13 by reason of the temporary waiver of the age re14 quirement or the conditions of section 

15 475(8)(B)(iv) of such Act. 

16 (C) A State shall make reasonable efforts to 

17 ensure that eligibility for foster care mainte18 nance payments under section 472 of the Social 

19 Security Act is determined when a youth re20 mains in, or re-enters, foster care as a result of 

21 the State complying with subsections (a) and (c) 

22 of this section. 

23 (D) A child who re-enters care during the 

24 COVID–19 public health emergency period may 

25 not be found ineligible for foster care mainte-
1011 

•HR 925 EAH 

1 nance payments under section 472 of the Social 

2 Security Act solely due to age or the require3 ments of section 475(8)(B)(iv) of such Act before 

4 October 1, 2021. 

5 (e) TERMINATION OF CERTAIN PROVISIONS.—The pre6 ceding provisions of this section shall have no force or effect 

7 after September 30, 2021. 

8 SEC. 405. FAMILY FIRST PREVENTION SERVICES PROGRAM 

9 PANDEMIC FLEXIBILITY. 

10 During the COVID–19 public health emergency period, 

11 each percentage specified in subparagraphs (A)(i) and (B) 

12 of section 474(a)(6) of the Social Security Act is deemed 

13 to be 100 percent. 

14 SEC. 406. EMERGENCY FUNDING FOR THE MARYLEE ALLEN 

15 PROMOTING SAFE AND STABLE FAMILIES 

16 PROGRAM. 

17 (a) IN GENERAL.—Out of any money in the Treasury 

18 of the United States not otherwise appropriated, there are 

19 appropriated $85,000,000 to carry out section 436(a) of the 

20 Social Security Act for fiscal year 2020, in addition to any 

21 amounts otherwise made available for such purpose. For 

22 purposes of section 436(b) of such Act, the amount made 

23 available by the preceding sentence shall be considered part 

24 of the amount specified in such section 436(a). 
1012 

•HR 925 EAH 

1 (b) INAPPLICABILITY OF STATE MATCHING REQUIRE2 MENT TO ADDITIONAL FUNDS.—In making payments under 

3 section 434(a) of the Social Security Act from the addi4 tional funds made available as a result of subsection (a) 

5 of this section, the percentage specified in section 434(a)(1) 

6 of such Act is deemed to be 100 percent. 

7 (c) CONFORMING AMENDMENTS.—Section 436 of the 

8 Social Security Act (42 U.S.C. 629f) is amended in each 

9 of subsections (a), (b)(4), and (b)(5) by striking ‘‘2021’’ and 

10 inserting ‘‘2022’’. 

11 SEC. 407. COURT IMPROVEMENT PROGRAM. 

12 (a) RESERVATION OF FUNDS.—Of the additional 

13 amounts made available by reason of section 406 of this 

14 title, the Secretary shall reserve $10,000,000 for grants 

15 under subsection (b) of this section, which shall be consid16 ered to be made under section 438 of the Social Security 

17 Act. 

18 (b) DISTRIBUTION OF FUNDS.— 

19 (1) IN GENERAL.—From the amounts reserved 

20 under subsection (a) of this section, the Secretary 

21 shall— 

22 (A) reserve not more than $500,000 for 

23 Tribal court improvement activities; and 

24 (B) from the amount remaining after the 

25 application of subparagraph (A), make a grant 
1013 

•HR 925 EAH 

1 to each highest State court that is approved to 

2 receive a grant under section 438 of the Social 

3 Security Act for the purpose described in section 

4 438(a)(3) of such Act, for fiscal year 2020. 

5 (2) AMOUNT.—The amount of the grant awarded 

6 to a highest State court under this subsection shall be 

7 the sum of— 

8 (A) $85,000; and 

9 (B) the amount that bears the same ratio to 

10 the amount reserved under subsection (a) that re11 mains after the application of paragraph (1)(A) 

12 and subparagraph (A) of this paragraph, as the 

13 number of individuals in the State in which the 

14 court is located who have not attained 21 years 

15 of age bears to the total number of such individ16 uals in all States the highest courts of which 

17 were awarded a grant under this subsection 

18 (based on the most recent year for which data 

19 are available from the Bureau of the Census). 

20 (3) OTHER RULES.— 

21 (A) IN GENERAL.—The grants awarded to 

22 the highest State courts under this subsection 

23 shall be in addition to any grants made to the 

24 courts under section 438 of the Social Security 

25 Act for any fiscal year. 
1014 

•HR 925 EAH 

1 (B) NO ADDITIONAL APPLICATION.—The 

2 Secretary shall award grants to the highest State 

3 courts under this subsection without requiring 

4 the courts to submit an additional application. 

5 (C) REPORTS.—The Secretary may estab6 lish reporting criteria specific to the grants 

7 awarded under this subsection. 

8 (D) REDISTRIBUTION OF FUNDS.—If a 

9 highest State court does not accept a grant 

10 awarded under this subsection, or does not agree 

11 to comply with any reporting requirements im12 posed under subparagraph (C) or the use of 

13 funds requirements specified in subsection (c), 

14 the Secretary shall redistribute the grant funds 

15 that would have been awarded to that court 

16 under this subsection among the other highest 

17 State courts that are awarded grants under this 

18 subsection and agree to comply with the report19 ing and use of funds requirements. 

20 (E) NO MATCHING REQUIREMENT.—The 

21 limitation on the use of funds specified in section 

22 438(d) of such Act shall not apply to the grants 

23 awarded under this section. 

24 (c) USE OF FUNDS.—A highest State court awarded 

25 a grant under subsection (b) shall use the grant funds to 
1015 

•HR 925 EAH 

1 address needs stemming from the COVID–19 public health 

2 emergency, which may include any of the following: 

3 (1) Technology investments to facilitate the tran4 sition to remote hearings for dependency courts when 

5 necessary as a direct result of the COVID–19 public 

6 health emergency. 

7 (2) Training for judges, attorneys, and case8 workers on facilitating and participating in remote 

9 hearings that comply with due process and all appli10 cable law, ensure child safety and well-being, and 

11 help inform judicial decision-making. 

12 (3) Programs to help families address aspects of 

13 the case plan to avoid delays in legal proceedings that 

14 would occur as a direct result of the COVID–19 pub15 lic health emergency. 

16 (4) Other purposes to assist courts, court per17 sonnel, or related staff related to the COVID–19 pub18 lic health emergency. 

19 (d) CONFORMING AMENDMENTS.—Section 438 of the 

20 Social Security Act (42 U.S.C. 629h) is amended in each 

21 of subsections (c)(1) and (d) by striking ‘‘2021’’ and insert22 ing ‘‘2022’’. 
1016 

•HR 925 EAH 

1 SEC. 408. KINSHIP NAVIGATOR PROGRAMS PANDEMIC 

2 FLEXIBILITY. 

3 (a) INAPPLICABILITY OF MATCHING FUNDS REQUIRE4 MENTS.—During the COVID–19 public health emergency 

5 period, the percentage specified in section 474(a)(7) of the 

6 Social Security Act is deemed to be 100 percent. 

7 (b) WAIVER OF EVIDENCE STANDARD.—During the 

8 COVID–19 public health emergency period, the requirement 

9 in section 474(a)(7) of the Social Security Act that the Sec10 retary determine that a kinship navigator program be oper11 ated in accordance with promising, supported, or well-sup12 ported practices that meet the applicable criteria specified 

13 for the practices in section 471(e)(4)(C) of such Act shall 

14 have no force or effect. 

15 (c) OTHER ALLOWABLE USES OF FUNDS.—A State 

16 may use funds provided to carry out a kinship navigator 

17 program— 

18 (1) for evaluations, independent systematic re19 view, and related activities; 

20 (2) to provide short-term support to kinship fam21 ilies for direct services or assistance during the 

22 COVID–19 public health emergency period; and 

23 (3) to ensure that kinship caregivers have the in24 formation and resources to allow kinship families to 

25 function at their full potential, including— 
1017 

•HR 925 EAH 

1 (A) ensuring that those who are at risk of 

2 contracting COVID–19 have access to informa3 tion and resources for necessities, including food, 

4 safety supplies, and testing and treatment for 

5 COVID–19; 

6 (B) access to technology and technological 

7 supports needed for remote learning or other ac8 tivities that must be carried out virtually due to 

9 the COVID–19 public health emergency; 

10 (C) health care and other assistance, includ11 ing legal assistance and assistance with making 

12 alternative care plans for the children in their 

13 care if the caregivers were to become unable to 

14 continue caring for the children; 

15 (D) services to kinship families, including 

16 kinship families raising children outside of the 

17 foster care system; and 

18 (E) assistance to allow children to continue 

19 safely living with kin. 

20 (d) TERRITORY CAP EXEMPTION.—Section 1108(a)(1) 

21 of the Social Security Act shall be applied without regard 

22 to any amount paid to a territory pursuant to this section 

23 that would not have been paid to the territory in the absence 

24 of this section. 
1018 

•HR 925 EAH 

1 SEC. 409. ADJUSTMENT OF FUNDING CERTAINTY BASE2 LINES FOR FAMILY FIRST TRANSITION ACT 

3 FUNDING CERTAINTY GRANTS. 

4 Section 602(c)(2) of division N of the Further Consoli5 dated Appropriations Act, 2020 (Public Law 116–94) is 

6 amended— 

7 (1) in subparagraph (C), in the matter preceding 

8 clause (i), by striking ‘‘The calculation’’ and insert9 ing ‘‘Except as provided in subparagraph (G), the 

10 calculation’’; and 

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

12 ‘‘(G) ADJUSTMENT OF FUNDING CERTAINTY

13 BASELINES.— 

14 ‘‘(i) HOLD HARMLESS FOR TEMPORARY

15 INCREASE IN FMAP.—For each fiscal year 

16 specified in subparagraph (B), the Sec17 retary shall increase the maximum capped 

18 allocation for fiscal year 2019 or the final 

19 cost neutrality limit for fiscal year 2018 for 

20 a State or sub-State jurisdiction referred to 

21 in subparagraph (A)(i), by the amount 

22 equal to the difference between— 

23 ‘‘(I) the amount of the foster care 

24 maintenance payments portion of such 

25 maximum capped allocation or final 

26 cost neutrality limit; and 
1019 

•HR 925 EAH 

1 ‘‘(II) the amount that the foster 

2 care maintenance payments portion of 

3 such maximum capped allocation or 

4 final cost neutrality limit would be if 

5 the Federal medical assistance percent6 age applicable to the State under 

7 clause (ii) for the fiscal year so speci8 fied were used to determine the amount 

9 of such portion. 

10 ‘‘(ii) APPLICABLE FEDERAL MEDICAL

11 ASSISTANCE PERCENTAGE.—For purposes of 

12 clause (i)(II), the Federal medical assist13 ance percentage applicable to a State for a 

14 fiscal year specified in subparagraph (B) is 

15 the average of the values of the Federal med16 ical assistance percentage applicable to the 

17 State in each quarter of such fiscal year 

18 under section 474(a)(1) of the Social Secu19 rity Act (42 U.S.C. 674(a)(1)) after appli20 cation of any temporary increase in the 

21 Federal medical assistance percentage for 

22 the State and quarter under section 6008 of 

23 the Families First Coronavirus Response 

24 Act (42 U.S.C. 1396d note) and any other 

25 Federal legislation enacted during the pe-
1020 

•HR 925 EAH 

1 riod that begins on July 1, 2020, and ends 

2 on September 30, 2021.’’. 

3 SEC. 410. TECHNICAL CORRECTION TO TEMPORARY IN4 CREASE OF MEDICAID FMAP. 

5 Section 6008 of the Families First Coronavirus Re6 sponse Act (Public Law 116–127) is amended by adding 

7 at the end the following: 

8 ‘‘(e) APPLICATION TO TITLE IV–E PAYMENTS.—If the 

9 District of Columbia receives the increase described in sub10 section (a) in the Federal medical assistance percentage for 

11 the District of Columbia with respect to a quarter, the Fed12 eral medical assistance percentage for the District of Colum13 bia, as so increased, shall apply to payments made to the 

14 District of Columbia under part E of title IV of the Social 

15 Security Act (42 U.S.C. 670 et seq.) for that quarter, and 

16 the payments under such part shall be deemed to be made 

17 on the basis of the Federal medical assistance percentage 

18 applied with respect to such District for purposes of title 

19 XIX of such Act (42 U.S.C. 1396 et seq.) and as increased 

20 under subsection (a).’’. 
1021 

•HR 925 EAH 

1 TITLE V—PANDEMIC STATE 

2 FLEXIBILITIES 

3 SEC. 501. EMERGENCY FLEXIBILITY FOR STATE TANF PRO4 GRAMS. 

5 (a) STATE PROGRAMS.—Sections 407(a), 407(e)(1), 

6 and 408(a)(7)(A) of the Social Security Act shall have no 

7 force or effect during the applicable period, and paragraphs 

8 (3), (9), (14), and (15) of section 409(a) of such Act shall 

9 not apply with respect to conduct engaged in during the 

10 period. 

11 (b) TRIBAL PROGRAMS.—The minimum work partici12 pation requirements and time limits established under sec13 tion 412(c) of the Social Security Act shall have no force 

14 or effect during the applicable period, and the penalties es15 tablished under such section shall not apply with respect 

16 to conduct engaged in during the period. 

17 (c) PENALTY FOR NONCOMPLIANCE.— 

18 (1) IN GENERAL.—If the Secretary of Health and 

19 Human Services finds that a State or an Indian tribe 

20 has imposed a work requirement as a condition of re21 ceiving assistance, or a time limit on the provision of 

22 assistance, under a program funded under part A of 

23 title IV of the Social Security Act or any program 

24 funded with qualified State expenditures (as defined 

25 in section 409(a)(7)(B)(i) of such Act) during the ap-
1022 

•HR 925 EAH 

1 plicable period, or has imposed a penalty for failure 

2 to comply with a work requirement during the period, 

3 the Secretary shall reduce the grant payable to the 

4 State under section 403(a)(1) of such Act or the grant 

5 payable to the tribe under section 412(a)(1) of such 

6 Act, as the case may be, for fiscal year 2021 by an 

7 amount equal to 5 percent of the State or tribal fam8 ily assistance grant, as the case may be. 

9 (2) APPLICABILITY OF CERTAIN PROVISIONS.— 

10 For purposes of section 409(d) of the Social Security 

11 Act, paragraph (1) of this subsection shall be consid12 ered to be included in section 409(a) of such Act. 

13 (d) DEFINITIONS.—In this section: 

14 (1) APPLICABLE PERIOD.—The term ‘‘applicable 

15 period’’ means the period that begins on March 1, 

16 2020, and ends January 31, 2021. 

17 (2) WORK REQUIREMENT.—The term ‘‘work re18 quirement’’ means a requirement to engage in a work 

19 activity (as defined in section 407(d) of the Social Se20 curity Act) or other work-related activity as defined 

21 by a State or tribal program funded under part A of 

22 title IV of such Act. 

23 (3) OTHER TERMS.—Each other term has the 

24 meaning given the term in section 419 of the Social 

25 Security Act. 
1023 

•HR 925 EAH 

1 SEC. 502. EMERGENCY FLEXIBILITY FOR CHILD SUPPORT 

2 PROGRAMS. 

3 (a) IN GENERAL.—With respect to the period that be4 gins on March 1, 2020, and ends January 31, 2021: 

5 (1) Sections 408(a)(2), 409(a)(5), and 409(a)(8) 

6 of the Social Security Act shall have no force or effect. 

7 (2) Notwithstanding section 466(d) of such Act, 

8 the Secretary of Health and Human Services (in this 

9 subsection referred to as the ‘‘Secretary’’) may exempt 

10 a State from any requirement of section 466 of such 

11 Act to respond to the COVID–19 pandemic, except 

12 that the Secretary may not exempt a State from any 

13 requirement to— 

14 (A) provide a parent with notice of a right 

15 to request a review and, if appropriate, adjust16 ment of a support order; or 

17 (B) afford a parent the opportunity to make 

18 such a request. 

19 (3) The Secretary may not impose a penalty or 

20 take any other adverse action against a State pursu21 ant to section 452(g)(1) of such Act for failure to 

22 achieve a paternity establishment percentage of less 

23 than 90 percent. 

24 (4) The Secretary may not find that the pater25 nity establishment percentage for a State is not based 

26 on reliable data for purposes of section 452(g)(1) of 
1024 

•HR 925 EAH 

1 such Act, and the Secretary may not determine that 

2 the data which a State submitted pursuant to section 

3 452(a)(4)(C)(i) of such Act and which is used in de4 termining a performance level is not complete or reli5 able for purposes of section 458(b)(5)(B) of such Act, 

6 on the basis of the failure of the State to submit 

7 OCSE Form 396 or 34 in a timely manner. 

8 (5) The Secretary may not impose a penalty or 

9 take any other adverse action against a State for fail10 ure to comply with section 454A(g)(1)(A)(i) or 

11 454B(c)(1) of such Act. 

12 (6) The Secretary may not disapprove a State 

13 plan submitted pursuant to part D of title IV of such 

14 Act for failure of the plan to meet the requirement of 

15 section 454(1) of such Act, and may not impose a 

16 penalty or take any other adverse action against a 

17 State with such a plan that meets that requirement 

18 for failure to comply with that requirement. 

19 (7) To the extent that a preceding provision of 

20 this section applies with respect to a provision of law 

21 applicable to a program operated by an Indian tribe 

22 or tribal organization (as defined in subsections (e) 

23 and (l) of section 4 of the Indian Self-Determination 

24 and Education Assistance Act (25 U.S.C. 450b)), that 
1025 

•HR 925 EAH 

1 preceding provision shall apply with respect to the 

2 Indian tribe or tribal organization. 

3 (b) CLARIFICATION OF PERFORMANCE INCENTIVE PAY4 MENT CALCULATION.—Notwithstanding paragraph (3) of 

5 section 458(b) of the Social Security Act, the State incentive 

6 payment share for each of fiscal years 2020 and 2021 for 

7 purposes of such section shall be the State incentive pay8 ment share determined under such section for fiscal year 

9 2019. 

10 (c) STATE DEFINED.—In subsection (a), the term 

11 ‘‘State’’ has the meaning given the term in section 1101(a) 

12 of the Social Security Act for purposes of title IV of such 

13 Act. 

14 DIVISION K—HEALTH 

15 PROVISIONS 

16 SEC. 100. SHORT TITLE. 

17 This division may be cited as the ‘‘Investing in Amer18 ica’s Health Care During the COVID–19 Pandemic Act’’. 

19 TITLE I—MEDICAID PROVISIONS 

20 SEC. 101. COVID–19-RELATED TEMPORARY INCREASE OF 

21 MEDICAID FMAP. 

22 (a) IN GENERAL.—Section 6008 of the Families First 

23 Coronavirus Response Act (42 U.S.C. 1396d note) is 

24 amended— 

25 (1) in subsection (a)— 
1026 

•HR 925 EAH 

1 (A) by inserting ‘‘(or, if later, September 

2 30, 2021)’’ after ‘‘last day of such emergency pe3 riod occurs’’; and 

4 (B) by striking ‘‘6.2 percentage points.’’ 

5 and inserting ‘‘the percentage points specified in 

6 subsection (e). In no case may the application of 

7 this section result in the Federal medical assist8 ance percentage determined for a State being 

9 more than 95 percent.’’; and 

10 (2) by adding at the end the following new sub11 sections: 

12 ‘‘(f) SPECIFIED PERCENTAGE POINTS.—For purposes 

13 of subsection (a), the percentage points specified in this sub14 section are— 

15 ‘‘(1) for each calendar quarter occurring during 

16 the period beginning on the first day of the emergency 

17 period described in paragraph (1)(B) of section 

18 1135(g) of the Social Security Act (42 U.S.C. 1320b19 5(g)) and ending on September 30, 2020, 6.2 percent20 age points; 

21 ‘‘(2) for each calendar quarter occurring during 

22 the period beginning on October 1, 2020, and ending 

23 on September 30, 2021, 14 percentage points; and 

24 ‘‘(3) for each calendar quarter, if any, occurring 

25 during the period beginning on October 1, 2021, and 
1027 

•HR 925 EAH 

1 ending on the last day of the calendar quarter in 

2 which the last day of such emergency period occurs, 

3 6.2 percentage points. 

4 ‘‘(g) CLARIFICATIONS.— 

5 ‘‘(1) In the case of a State that treats an indi6 vidual described in subsection (b)(3) as eligible for the 

7 benefits described in such subsection, for the period 

8 described in subsection (a), expenditures for medical 

9 assistance and administrative costs attributable to 

10 such individual that would not otherwise be included 

11 as expenditures under section 1903 of the Social Secu12 rity Act shall be regarded as expenditures under the 

13 State plan approved under title XIX of the Social Se14 curity Act or for administration of such State plan. 

15 ‘‘(2) The limitations on payment under sub16 sections (f) and (g) of section 1108 of the Social Secu17 rity Act (42 U.S.C. 1308) shall not apply to Federal 

18 payments made under section 1903(a)(1) of the Social 

19 Security Act (42 U.S.C. 1396b(a)(1)) attributable to 

20 the increase in the Federal medical assistance per21 centage under this section. 

22 ‘‘(3) Expenditures attributable to the increased 

23 Federal medical assistance percentage under this sec24 tion shall not be counted for purposes of the limita-
1028 

•HR 925 EAH 

1 tions under section 2104(b)(4) of such Act (42 U.S.C. 

2 1397dd(b)(4)). 

3 ‘‘(4) Notwithstanding the first sentence of section 

4 2105(b) of the Social Security Act (42 U.S.C. 

5 1397ee(b)), the application of the increase under this 

6 section may result in the enhanced FMAP of a State 

7 for a fiscal year under such section exceeding 85 per8 cent, but in no case may the application of such in9 crease before application of the second sentence of such 

10 section result in the enhanced FMAP of the State ex11 ceeding 95 percent. 

12 ‘‘(h) SCOPE OF APPLICATION.—An increase in the 

13 Federal medical assistance percentage for a State under this 

14 section shall not be taken into account for purposes of pay15 ments under part D of title IV of the Social Security Act 

16 (42 U.S.C. 651 et seq.).’’. 

17 (b) EFFECTIVE DATE.—The amendments made by sub18 section (a) shall take effect and apply as if included in the 

19 enactment of section 6008 of the Families First Coronavirus 

20 Response Act (Public Law 116–127). 

21 SEC. 102. ADDITIONAL SUPPORT FOR MEDICAID HOME AND 

22 COMMUNITY-BASED SERVICES DURING THE 

23 COVID–19 EMERGENCY PERIOD. 

24 (a) INCREASED FMAP.— 
1029 

•HR 925 EAH 

1 (1) IN GENERAL.—Notwithstanding section 

2 1905(b) of the Social Security Act (42 U.S.C. 

3 1396d(b)), in the case of an HCBS program State, 

4 the Federal medical assistance percentage determined 

5 for the State under section 1905(b) of such Act and, 

6 if applicable, increased under subsection (y), (z), or 

7 (aa) of section 1905 of such Act (42 U.S.C. 1396d), 

8 section 1915(k) of such Act (42 U.S.C. 1396n(k)), or 

9 section 6008(a) of the Families First Coronavirus Re10 sponse Act (Public Law 116–127), shall be increased 

11 by 10 percentage points with respect to expenditures 

12 of the State under the State Medicaid program for 

13 home and community-based services that are provided 

14 during the HCBS program improvement period. In 

15 no case may the application of the previous sentence 

16 result in the Federal medical assistance percentage 

17 determined for a State being more than 95 percent. 

18 (2) DEFINITIONS.—In this section: 

19 (A) HCBS PROGRAM IMPROVEMENT PE20 RIOD.—The term ‘‘HCBS program improvement 

21 period’’ means, with respect to a State, the pe22 riod— 

23 (i) beginning on October 1, 2020; and 

24 (ii) ending on September 30, 2021. 
1030 

•HR 925 EAH 

1 (B) HCBS PROGRAM STATE.—The term 

2 ‘‘HCBS program State’’ means a State that 

3 meets the condition described in subsection (b) by 

4 submitting an application described in such sub5 section, which is approved by the Secretary pur6 suant to subsection (c). 

7 (C) HOME AND COMMUNITY-BASED SERV8 ICES.—The term ‘‘home and community-based 

9 services’’ means home health care services author10 ized under paragraph (7) of section 1905(a) of 

11 the Social Security Act (42 U.S.C. 1396d(a)), 

12 personal care services authorized under para13 graph (24) of such section, PACE services au14 thorized under paragraph (26) of such section, 

15 services authorized under subsections (b), (c), (i), 

16 (j), and (k) of section 1915 of such Act (42 

17 U.S.C. 1396n), such services authorized under a 

18 waiver under section 1115 of such Act (42 U.S.C. 

19 1315), and such other services specified by the 

20 Secretary. 

21 (b) CONDITION.—The condition described in this sub22 section, with respect to a State, is that the State submits 

23 an application to the Secretary, at such time and in such 

24 manner as specified by the Secretary, that includes, in ad-
1031 

•HR 925 EAH 

1 dition to such other information as the Secretary shall re2 quire— 

3 (1) a description of which activities described in 

4 subsection (d) that a state plans to implement and a 

5 description of how it plans to implement such activi6 ties; 

7 (2) assurances that the Federal funds attrib8 utable to the increase under subsection (a) will be 

9 used— 

10 (A) to implement the activities described in 

11 subsection (d); and 

12 (B) to supplement, and not supplant, the 

13 level of State funds expended for home and com14 munity-based services for eligible individuals 

15 through programs in effect as of the date of the 

16 enactment of this section; and 

17 (3) assurances that the State will conduct ade18 quate oversight and ensure the validity of such data 

19 as may be required by the Secretary. 

20 (c) APPROVAL OF APPLICATION.—Not later than 90 

21 days after the date of submission of an application of a 

22 State under subsection (b), the Secretary shall certify if the 

23 application is complete. Upon certification that an applica24 tion of a State is complete, the application shall be deemed 

25 to be approved for purposes of this section. 
1032 

•HR 925 EAH 

1 (d) ACTIVITIES TO IMPROVE THE DELIVERY OF

2 HCBS.— 

3 (1) IN GENERAL.—A State shall work with com4 munity partners, such as Area Agencies on Aging, 

5 Centers for Independent Living, non-profit home and 

6 community-based services providers, and other enti7 ties providing home and community-based services, to 

8 implement— 

9 (A) the purposes described in paragraph (2) 

10 during the COVID–19 public health emergency 

11 period; and 

12 (B) the purposes described in paragraph (3) 

13 after the end of such emergency period. 

14 (2) FOCUSED AREAS OF HCBS IMPROVEMENT.— 

15 The purposes described in this paragraph, with re16 spect to a State, are the following: 

17 (A) To increase rates for home health agen18 cies and agencies that employ direct support pro19 fessionals (including independent providers in a 

20 self-directed or consumer-directed model) to pro21 vide home and community-based services under 

22 the State Medicaid program, provided that any 

23 agency or individual that receives payment 

24 under such an increased rate increases the com-
1033 

•HR 925 EAH 

1 pensation it pays its home health workers or di2 rect support professionals. 

3 (B) To provide paid sick leave, paid family 

4 leave, and paid medical leave for home health 

5 workers and direct support professionals. 

6 (C) To provide hazard pay, overtime pay, 

7 and shift differential pay for home health work8 ers and direct support professionals. 

9 (D) To provide home and community-based 

10 services to eligible individuals who are on wait11 ing lists for programs approved under sections 

12 1115 or 1915 of the Social Security Act (42 

13 U.S.C. 1315, 1396n). 

14 (E) To purchase emergency supplies and 

15 equipment, which may include items not typi16 cally covered under the Medicaid program, such 

17 as personal protective equipment, necessary to 

18 enhance access to services and to protect the 

19 health and well-being of home health workers and 

20 direct support professionals. 

21 (F) To pay for the travel of home health 

22 workers and direct support professionals to con23 duct home and community-based services. 

24 (G) To recruit new home health workers 

25 and direct support professionals. 
1034 

•HR 925 EAH 

1 (H) To support family care providers of eli2 gible individuals with needed supplies and 

3 equipment, which may include items not typi4 cally covered under the Medicaid program, such 

5 as personal protective equipment, and pay. 

6 (I) To pay for training for home health 

7 workers and direct support professionals that is 

8 specific to the COVID–19 public health emer9 gency. 

10 (J) To pay for assistive technologies, staff11 ing, and other costs incurred during the COVID– 

12 19 public health emergency period in order to fa13 cilitate community integration and ensure an 

14 individual’s person-centered service plan con15 tinues to be fully implemented. 

16 (K) To prepare information and public 

17 health and educational materials in accessible 

18 formats (including formats accessible to people 

19 with low literacy or intellectual disabilities) 

20 about prevention, treatment, recovery and other 

21 aspects of COVID–19 for eligible individuals, 

22 their families, and the general community served 

23 by agencies described in subparagraph (A). 

24 (L) To pay for American sign language in25 terpreters to assist in providing home and com-
1035 

•HR 925 EAH 

1 munity-based services to eligible individuals and 

2 to inform the general public about COVID–19. 

3 (M) To allow day services providers to pro4 vide home and community-based services. 

5 (N) To pay for other expenses deemed ap6 propriate by the Secretary to enhance, expand, 

7 or strengthen Home and Community-Based 

8 Services, including retainer payments, and ex9 penses which meet the criteria of the home and 

10 community-based settings rule published on Jan11 uary 16, 2014. 

12 (3) PERMISSIBLE USES AFTER THE EMERGENCY

13 PERIOD.—The purpose described in this paragraph, 

14 with respect to a State, is to assist eligible individ15 uals who had to relocate to a nursing facility or insti16 tutional setting from their homes during the COVID– 

17 19 public health emergency period in— 

18 (A) moving back to their homes (including 

19 by paying for moving costs, first month’s rent, 

20 and other one-time expenses and start-up costs); 

21 (B) resuming home and community-based 

22 services; 

23 (C) receiving mental health services and 

24 necessary rehabilitative service to regain skills 
1036 

•HR 925 EAH 

1 lost while relocated during the public health 

2 emergency period; and 

3 (D) while funds attributable to the in4 creased FMAP under this section remain avail5 able, continuing home and community-based 

6 services for eligible individuals who were served 

7 from a waiting list for such services during the 

8 public health emergency period. 

9 (e) REPORTING REQUIREMENTS.— 

10 (1) STATE REPORTING REQUIREMENTS.—Not 

11 later than December 31, 2022, any State with respect 

12 to which an application is approved by the Secretary 

13 pursuant to subsection (c) shall submit a report to the 

14 Secretary that contains the following information: 

15 (A) Activities and programs that were fund16 ed using Federal funds attributable to such in17 crease. 

18 (B) The number of eligible individuals who 

19 were served by such activities and programs. 

20 (C) The number of eligible individuals who 

21 were able to resume home and community-based 

22 services as a result of such activities and pro23 grams. 

24 (2) HHS EVALUATION.— 
1037 

•HR 925 EAH 

1 (A) IN GENERAL.—The Secretary shall 

2 evaluate the implementation and outcomes of 

3 this section in the aggregate using an external 

4 evaluator with experience evaluating home and 

5 community-based services, disability programs, 

6 and older adult programs. 

7 (B) EVALUATION CRITERIA.—For purposes 

8 of subparagraph (A), the external evaluator 

9 shall— 

10 (i) document and evaluate changes in 

11 access, availability, and quality of home 

12 and community-based services in each 

13 HCBS program State; 

14 (ii) document and evaluate aggregate 

15 changes in access, availability, and quality 

16 of home and community-based services 

17 across all such States; and 

18 (iii) evaluate the implementation and 

19 outcomes of this section based on— 

20 (I) the impact of this section on 

21 increasing funding for home and com22 munity-based services; 

23 (II) the impact of this section on 

24 achieving targeted access, availability, 
1038 

•HR 925 EAH 

1 and quality of home and community2 based services; and 

3 (III) promising practices identi4 fied by activities conducted pursuant 

5 to subsection (d) that increase access 

6 to, availability of, and quality of home 

7 and community-based services. 

8 (C) DISSEMINATION OF EVALUATION FIND9 INGS.—The Secretary shall— 

10 (i) disseminate the findings from the 

11 evaluations conducted under this paragraph 

12 to— 

13 (I) all State Medicaid directors; 

14 and 

15 (II) the Committee on Energy and 

16 Commerce of the House of Representa17 tives, the Committee on Finance of the 

18 Senate, and the Special Committee on 

19 Aging of the Senate; and 

20 (ii) make all evaluation findings pub21 licly available in an accessible electronic 

22 format and any other accessible format de23 termined appropriate by the Secretary. 

24 (D) OVERSIGHT.—Each State with respect 

25 to which an application is approved by the Sec-
1039 

•HR 925 EAH 

1 retary pursuant to subsection (c) shall ensure 

2 adequate oversight of the expenditure of Federal 

3 funds pursuant to such increase in accordance 

4 with the Medicaid regulations, including section 

5 1115 and 1915 waiver regulations and special 

6 terms and conditions for any relevant waiver or 

7 grant program. 

8 (3) NON-APPLICATION OF THE PAPERWORK RE9 DUCTION ACT.—Chapter 35 of title 44, United States 

10 Code (commonly referred to as the ‘‘Paperwork Re11 duction Act of 1995’’), shall not apply to the provi12 sions of this subsection. 

13 (f) ADDITIONAL DEFINITIONS.—In this section: 

14 (1) COVID–19 PUBLIC HEALTH EMERGENCY PE15 RIOD.—The term ‘‘COVID–19 public health emer16 gency period’’ means the portion of the emergency pe17 riod described in paragraph (1)(B) of section 1135(g) 

18 of the Social Security Act (42 U.S.C. 1320b–5(g)) be19 ginning on or after the date of the enactment of this 

20 Act. 

21 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 

22 individual’’ means an individual who is eligible for 

23 or enrolled for medical assistance under a State Med24 icaid program. 
1040 

•HR 925 EAH 

1 (3) MEDICAID PROGRAM.—The term ‘‘Medicaid 

2 program’’ means, with respect to a State, the State 

3 program under title XIX of the Social Security Act 

4 (42 U.S.C. 1396 et seq.) (including any waiver or 

5 demonstration under such title or under section 1115 

6 of such Act (42 U.S.C. 1315) relating to such title). 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Health and Human Services. 

9 (5) STATE.—The term ‘‘State’’ has the meaning 

10 given such term for purposes of title XIX of the Social 

11 Security Act (42 U.S.C. 1396 et seq.). 

12 SEC. 103. COVERAGE AT NO COST SHARING OF COVID–19 

13 VACCINE AND TREATMENT. 

14 (a) MEDICAID.— 

15 (1) IN GENERAL.—Section 1905(a)(4) of the So16 cial Security Act (42 U.S.C. 1396d(a)(4)) is amend17 ed— 

18 (A) by striking ‘‘and (D)’’ and inserting 

19 ‘‘(D)’’; and 

20 (B) by striking the semicolon at the end and 

21 inserting ‘‘; (E) during the portion of the emer22 gency period described in paragraph (1)(B) of 

23 section 1135(g) beginning on the date of the en24 actment of the Investing in America’s Health 

25 Care During the COVID–19 Pandemic Act, a 
1041 

•HR 925 EAH 

1 COVID–19 vaccine licensed under section 351 of 

2 the Public Health Service Act, or approved or 

3 authorized under sections 505 or 564 of the Fed4 eral Food, Drug, and Cosmetic Act, and admin5 istration of the vaccine; (F) during such portion 

6 of the emergency period described in paragraph 

7 (1)(B) of section 1135(g), items or services for 

8 the prevention or treatment of COVID–19, in9 cluding drugs approved or authorized under such 

10 section 505 or such section 564 or, without re11 gard to the requirements of section 

12 1902(a)(10)(B) (relating to comparability), in 

13 the case of an individual who is diagnosed with 

14 or presumed to have COVID–19, during such 

15 portion of such emergency period during which 

16 such individual is infected (or presumed in17 fected) with COVID–19, the treatment of a con18 dition that may complicate the treatment of 

19 COVID–19;’’. 

20 (2) PROHIBITION OF COST SHARING.— 

21 (A) IN GENERAL.—Subsections (a)(2) and 

22 (b)(2) of section 1916 of the Social Security Act 

23 (42 U.S.C. 1396o) are each amended— 

24 (i) in subparagraph (F), by striking 

25 ‘‘or’’ at the end; 
1042 

•HR 925 EAH 

1 (ii) in subparagraph (G), by striking 

2 ‘‘; and’’ and inserting ‘‘, or’’; and 

3 (iii) by adding at the end the following 

4 subparagraphs: 

5 ‘‘(H) during the portion of the emergency 

6 period described in paragraph (1)(B) of section 

7 1135(g) beginning on the date of the enactment 

8 of this subparagraph, a COVID–19 vaccine li9 censed under section 351 of the Public Health 

10 Service Act, or approved or authorized under 

11 section 505 or 564 of the Federal Food, Drug, 

12 and Cosmetic Act, and the administration of 

13 such vaccine, or 

14 ‘‘(I) during such portion of the emergency 

15 period described in paragraph (1)(B) of section 

16 1135(g), any item or service furnished for the 

17 treatment of COVID–19, including drugs ap18 proved or authorized under such section 505 or 

19 such section 564 or, in the case of an individual 

20 who is diagnosed with or presumed to have 

21 COVID–19, during the portion of such emer22 gency period during which such individual is in23 fected (or presumed infected) with COVID–19, 

24 the treatment of a condition that may complicate 

25 the treatment of COVID–19; and’’. 
1043 

•HR 925 EAH 

1 (B) APPLICATION TO ALTERNATIVE COST

2 SHARING.—Section 1916A(b)(3)(B) of the Social 

3 Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is 

4 amended— 

5 (i) in clause (xi), by striking ‘‘any 

6 visit’’ and inserting ‘‘any service’’; and 

7 (ii) by adding at the end the following 

8 clauses: 

9 ‘‘(xii) During the portion of the emer10 gency period described in paragraph (1)(B) 

11 of section 1135(g) beginning on the date of 

12 the enactment of this clause, a COVID–19 

13 vaccine licensed under section 351 of the 

14 Public Health Service Act, or approved or 

15 authorized under section 505 or 564 of the 

16 Federal Food, Drug, and Cosmetic Act, and 

17 the administration of such vaccine. 

18 ‘‘(xiii) During such portion of the 

19 emergency period described in paragraph 

20 (1)(B) of section 1135(g), an item or service 

21 furnished for the treatment of COVID–19, 

22 including drugs approved or authorized 

23 under such section 505 or such section 564 

24 or, in the case of an individual who is diag25 nosed with or presumed to have COVID–19, 
1044 

•HR 925 EAH 

1 during such portion of such emergency pe2 riod during which such individual is in3 fected (or presumed infected) with COVID– 

4 19, the treatment of a condition that may 

5 complicate the treatment of COVID–19.’’. 

6 (C) CLARIFICATION.—The amendments 

7 made by this subsection shall apply with respect 

8 to a State plan of a territory in the same man9 ner as a State plan of one of the 50 States. 

10 (b) STATE PEDIATRIC VACCINE DISTRIBUTION PRO11 GRAM.—Section 1928 of the Social Security Act (42 U.S.C. 

12 1396s) is amended— 

13 (1) in subsection (a)(1)— 

14 (A) in subparagraph (A), by striking ‘‘; 

15 and’’ and inserting a semicolon; 

16 (B) in subparagraph (B), by striking the 

17 period and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following sub19 paragraph: 

20 ‘‘(C) during the portion of the emergency 

21 period described in paragraph (1)(B) of section 

22 1135(g) beginning on the date of the enactment 

23 of this subparagraph, each vaccine-eligible child 

24 (as defined in subsection (b)) is entitled to re25 ceive a COVID–19 vaccine from a program-reg-
1045 

•HR 925 EAH 

1 istered provider (as defined in subsection (h)(7)) 

2 without charge for— 

3 ‘‘(i) the cost of such vaccine; or 

4 ‘‘(ii) the administration of such vac5 cine.’’; 

6 (2) in subsection (c)(2)— 

7 (A) in subparagraph (C)(ii), by inserting ‘‘, 

8 but, during the portion of the emergency period 

9 described in paragraph (1)(B) of section 1135(g) 

10 beginning on the date of the enactment of the In11 vesting in America’s Health Care During the 

12 COVID–19 Pandemic Act, may not impose a fee 

13 for the administration of a COVID–19 vaccine’’ 

14 before the period; and 

15 (B) by adding at the end the following sub16 paragraph: 

17 ‘‘(D) The provider will provide and admin18 ister an approved COVID–19 vaccine to a vac19 cine-eligible child in accordance with the same 

20 requirements as apply under the preceding sub21 paragraphs to the provision and administration 

22 of a qualified pediatric vaccine to such a child.’’; 

23 and 

24 (3) in subsection (d)(1), in the first sentence, by 

25 inserting ‘‘, including, during the portion of the emer-
1046 

•HR 925 EAH 

1 gency period described in paragraph (1)(B) of section 

2 1135(g) beginning on the date of the enactment of the 

3 Investing in America’s Health Care During the 

4 COVID–19 Pandemic Act, with respect to a COVID– 

5 19 vaccine licensed under section 351 of the Public 

6 Health Service Act, or approved or authorized under 

7 section 505 or 564 of the Federal Food, Drug, and 

8 Cosmetic Act’’ before the period. 

9 (c) CHIP.— 

10 (1) IN GENERAL.—Section 2103(c) of the Social 

11 Security Act (42 U.S.C. 1397cc(c)) is amended by 

12 adding at the end the following paragraph: 

13 ‘‘(11) COVERAGE OF COVID–19 VACCINES AND

14 TREATMENT.—Regardless of the type of coverage elect15 ed by a State under subsection (a), child health assist16 ance provided under such coverage for targeted low17 income children and, in the case that the State elects 

18 to provide pregnancy-related assistance under such 

19 coverage pursuant to section 2112, such pregnancy-re20 lated assistance for targeted low-income pregnant 

21 women (as defined in section 2112(d)) shall include 

22 coverage, during the portion of the emergency period 

23 described in paragraph (1)(B) of section 1135(g) be24 ginning on the date of the enactment of this para25 graph, of— 
1047 

•HR 925 EAH 

1 ‘‘(A) a COVID–19 vaccine licensed under 

2 section 351 of the Public Health Service Act, or 

3 approved or authorized under section 505 or 564 

4 of the Federal Food, Drug, and Cosmetic Act, 

5 and the administration of such vaccine; and 

6 ‘‘(B) any item or service furnished for the 

7 treatment of COVID–19, including drugs ap8 proved or authorized under such section 505 or 

9 such section 564, or, in the case of an individual 

10 who is diagnosed with or presumed to have 

11 COVID–19, during the portion of such emer12 gency period during which such individual is in13 fected (or presumed infected) with COVID–19, 

14 the treatment of a condition that may complicate 

15 the treatment of COVID–19.’’. 

16 (2) PROHIBITION OF COST SHARING.—Section 

17 2103(e)(2) of the Social Security Act (42 U.S.C. 

18 1397cc(e)(2)), as amended by section 6004(b)(3) of the 

19 Families First Coronavirus Response Act, is amend20 ed— 

21 (A) in the paragraph header, by inserting 

22 ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ 

23 before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 

24 and 
1048 

•HR 925 EAH 

1 (B) by striking ‘‘visits described in section 

2 1916(a)(2)(G), or’’ and inserting ‘‘services de3 scribed in section 1916(a)(2)(G), vaccines de4 scribed in section 1916(a)(2)(H) administered 

5 during the portion of the emergency period de6 scribed in paragraph (1)(B) of section 1135(g) 

7 beginning on the date of the enactment of the In8 vesting in America’s Health Care During the 

9 COVID–19 Pandemic Act, items or services de10 scribed in section 1916(a)(2)(I) furnished during 

11 such emergency period, or’’. 

12 (d) CONFORMING AMENDMENTS.—Section 1937 of the 

13 Social Security Act (42 U.S.C. 1396u–7) is amended— 

14 (1) in subsection (a)(1)(B), by inserting ‘‘, under 

15 subclause (XXIII) of section 1902(a)(10)(A)(ii),’’ after 

16 ‘‘section 1902(a)(10)(A)(i)’’; and 

17 (2) in subsection (b)(5), by adding before the pe18 riod the following: ‘‘, and, effective on the date of the 

19 enactment of the Investing in America’s Health Care 

20 During the COVID–19 Pandemic Act, must comply 

21 with subparagraphs (F) through (I) of subsections 

22 (a)(2) and (b)(2) of section 1916 and subsection 

23 (b)(3)(B) of section 1916A’’. 

24 (e) EFFECTIVE DATE.—The amendments made by this 

25 section shall take effect on the date of enactment of this Act 
1049 

•HR 925 EAH 

1 and shall apply with respect to a COVID–19 vaccine begin2 ning on the date that such vaccine is licensed under section 

3 351 of the Public Health Service Act (42 U.S.C. 262), or 

4 approved or authorized under section 505 or 564 of the Fed5 eral Food, Drug, and Cosmetic Act. 

6 SEC. 104. OPTIONAL COVERAGE AT NO COST SHARING OF 

7 COVID–19 TREATMENT AND VACCINES UNDER 

8 MEDICAID FOR UNINSURED INDIVIDUALS. 

9 (a) IN GENERAL.—Section 1902(a)(10) of the Social 

10 Security Act (42 U.S.C. 1396a(a)(10) is amended, in the 

11 matter following subparagraph (G), by striking ‘‘and any 

12 visit described in section 1916(a)(2)(G)’’ and inserting the 

13 following: ‘‘, any COVID–19 vaccine that is administered 

14 during any such portion (and the administration of such 

15 vaccine), any item or service that is furnished during any 

16 such portion for the treatment of COVID–19, including 

17 drugs approved or authorized under section 505 or 564 of 

18 the Federal Food, Drug, and Cosmetic Act, or, in the case 

19 of an individual who is diagnosed with or presumed to have 

20 COVID–19, during the period such individual is infected 

21 (or presumed infected) with COVID–19, the treatment of 

22 a condition that may complicate the treatment of COVID– 

23 19, and any services described in section 1916(a)(2)(G)’’. 

24 (b) DEFINITION OF UNINSURED INDIVIDUAL.— 
1050 

•HR 925 EAH 

1 (1) IN GENERAL.—Subsection (ss) of section 

2 1902 of the Social Security Act (42 U.S.C. 1396a) is 

3 amended to read as follows: 

4 ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur5 poses of this section, the term ‘uninsured individual’ means, 

6 notwithstanding any other provision of this title, any indi7 vidual who is not covered by minimum essential coverage 

8 (as defined in section 5000A(f)(1) of the Internal Revenue 

9 Code of 1986).’’. 

10 (2) EFFECTIVE DATE.—The amendment made by 

11 paragraph (1) shall take effect and apply as if in12 cluded in the enactment of the Families First 

13 Coronavirus Response Act (Public Law 116–127). 

14 (c) CLARIFICATION REGARDING EMERGENCY SERV15 ICES FOR CERTAIN INDIVIDUALS.—Section 1903(v)(2) of 

16 the Social Security Act (42 U.S.C. 1396b(v)(2)) is amended 

17 by adding at the end the following flush sentence: 

18 ‘‘For purposes of subparagraph (A), care and services 

19 described in such subparagraph include any in vitro 

20 diagnostic product described in section 1905(a)(3)(B) 

21 (and the administration of such product), any 

22 COVID–19 vaccine (and the administration of such 

23 vaccine), any item or service that is furnished for the 

24 treatment of COVID–19, including drugs approved or 

25 authorized under section 505 or 564 of the Federal 
1051 

•HR 925 EAH 

1 Food, Drug, and Cosmetic Act, or a condition that 

2 may complicate the treatment of COVID–19, and any 

3 services described in section 1916(a)(2)(G).’’. 

4 (d) INCLUSION OF COVID–19 CONCERN AS AN EMER5 GENCY CONDITION.—Section 1903(v)(3) of the Social Secu6 rity Act (42 U.S.C. 1396b(v)(3)) is amended by adding at 

7 the end the following flush sentence: 

8 ‘‘Such term includes any indication that an alien de9 scribed in paragraph (1) may have contracted 

10 COVID–19.’’. 

11 SEC. 105. MEDICAID COVERAGE FOR CITIZENS OF FREELY 

12 ASSOCIATED STATES. 

13 (a) IN GENERAL.—Section 402(b)(2) of the Personal 

14 Responsibility and Work Opportunity Reconciliation Act 

15 of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the 

16 end the following new subparagraph: 

17 ‘‘(G) MEDICAID EXCEPTION FOR CITIZENS

18 OF FREELY ASSOCIATED STATES.—With respect 

19 to eligibility for benefits for the designated Fed20 eral program defined in paragraph (3)(C) (relat21 ing to the Medicaid program), section 401(a) 

22 and paragraph (1) shall not apply to any indi23 vidual who lawfully resides in 1 of the 50 States 

24 or the District of Columbia in accordance with 

25 the Compacts of Free Association between the 
1052 

•HR 925 EAH 

1 Government of the United States and the Gov2 ernments of the Federated States of Micronesia, 

3 the Republic of the Marshall Islands, and the Re4 public of Palau and shall not apply, at the op5 tion of the Governor of Puerto Rico, the Virgin 

6 Islands, Guam, the Northern Mariana Islands, 

7 or American Samoa as communicated to the Sec8 retary of Health and Human Services in writ9 ing, to any individual who lawfully resides in 

10 the respective territory in accordance with such 

11 Compacts.’’. 

12 (b) EXCEPTION TO 5–YEAR LIMITED ELIGIBILITY.— 

13 Section 403(d) of such Act (8 U.S.C. 1613(d)) is amended— 

14 (1) in paragraph (1), by striking ‘‘or’’ at the 

15 end; 

16 (2) in paragraph (2), by striking the period at 

17 the end and inserting ‘‘; or’’; and 

18 (3) by adding at the end the following new para19 graph: 

20 ‘‘(3) an individual described in section 

21 402(b)(2)(G), but only with respect to the designated 

22 Federal program defined in section 402(b)(3)(C).’’. 

23 (c) DEFINITION OF QUALIFIED ALIEN.—Section 

24 431(b) of such Act (8 U.S.C. 1641(b)) is amended— 
1053 

•HR 925 EAH 

1 (1) in paragraph (6), by striking ‘‘; or’’ at the 

2 end and inserting a comma; 

3 (2) in paragraph (7), by striking the period at 

4 the end and inserting ‘‘, or’’; and 

5 (3) by adding at the end the following new para6 graph: 

7 ‘‘(8) an individual who lawfully resides in the 

8 United States in accordance with a Compact of Free 

9 Association referred to in section 402(b)(2)(G), but 

10 only with respect to the designated Federal program 

11 defined in section 402(b)(3)(C) (relating to the Med12 icaid program).’’. 

13 (d) APPLICATION TO STATE PLANS.—Section 

14 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 

15 1396a(a)(10)(A)(i)) is amended by inserting after subclause 

16 (IX) the following: 

17 ‘‘(X) who are described in section 

18 402(b)(2)(G) of the Personal Responsi19 bility and Work Opportunity Rec20 onciliation Act of 1996 and eligible for 

21 benefits under this title by reason of 

22 application of such section;’’. 

23 (e) CONFORMING AMENDMENTS.—Section 1108 of the 

24 Social Security Act (42 U.S.C. 1308) is amended— 
1054 

•HR 925 EAH 

1 (1) in subsection (f), in the matter preceding 

2 paragraph (1), by striking ‘‘subsections (g) and (h) 

3 and section 1935(e)(1)(B)’’ and inserting ‘‘subsections 

4 (g), (h), and (i) and section 1935(e)(1)(B)’’; and 

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

6 ‘‘(i) EXCLUSION OF MEDICAL ASSISTANCE EXPENDI7 TURES FOR CITIZENS OF FREELY ASSOCIATED STATES.— 

8 Expenditures for medical assistance provided to an indi9 vidual described in section 431(b)(8) of the Personal Re10 sponsibility and Work Opportunity Reconciliation Act of 

11 1996 (8 U.S.C. 1641(b)(8)) shall not be taken into account 

12 for purposes of applying payment limits under subsections 

13 (f) and (g).’’. 

14 (f) EFFECTIVE DATE.—The amendments made by this 

15 section shall apply to benefits for items and services fur16 nished on or after the date of the enactment of this Act. 

17 SEC. 106. TEMPORARY INCREASE IN MEDICAID DSH ALLOT18 MENTS. 

19 (a) IN GENERAL.—Section 1923(f)(3) of the Social Se20 curity Act (42 U.S.C. 1396r–4(f)(3)) is amended— 

21 (1) in subparagraph (A), by striking ‘‘and sub22 paragraph (E)’’ and inserting ‘‘and subparagraphs 

23 (E) and (F)’’; and 

24 (2) by adding at the end the following new sub25 paragraph: 
1055 

•HR 925 EAH 

1 ‘‘(F) TEMPORARY INCREASE IN ALLOT2 MENTS DURING CERTAIN PUBLIC HEALTH EMER3 GENCY.—The DSH allotment for any State for 

4 each of fiscal years 2020 and 2021 is equal to 

5 102.5 percent of the DSH allotment that would 

6 be determined under this paragraph for the State 

7 for each respective fiscal year without applica8 tion of this subparagraph, notwithstanding sub9 paragraphs (B) and (C). For each fiscal year 

10 after fiscal year 2021, the DSH allotment for a 

11 State for such fiscal year is equal to the DSH 

12 allotment that would have been determined 

13 under this paragraph for such fiscal year if this 

14 subparagraph had not been enacted.’’. 

15 (b) DSH ALLOTMENT ADJUSTMENT FOR TEN16 NESSEE.—Section 1923(f)(6)(A)(vi) of the Social Security 

17 Act (42 U.S.C. 1396r–4(f)(6)(A)(vi)) is amended— 

18 (1) by striking ‘‘Notwithstanding any other pro19 vision of this subsection’’ and inserting the following: 

20 ‘‘(I) IN GENERAL.—Notwith21 standing any other provision of this 

22 subsection (except as provided in sub23 clause (II) of this clause)’’; and 

24 (2) by adding at the end the following: 
1056 

•HR 925 EAH 

1 ‘‘(II) TEMPORARY INCREASE IN

2 ALLOTMENTS.—The DSH allotment for 

3 Tennessee for each of fiscal years 2020 

4 and 2021 shall be equal to 

5 $54,427,500.’’. 

6 (c) SENSE OF CONGRESS.—It is the sense of Congress 

7 that a State should prioritize making payments under the 

8 State plan of the State under title XIX of the Social Secu9 rity Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan) 

10 to disproportionate share hospitals that have a higher share 

11 of COVID–19 patients relative to other such hospitals in 

12 the State. 

13 SEC. 107. ALLOWING FOR MEDICAL ASSISTANCE UNDER 

14 MEDICAID FOR INMATES DURING 30-DAY PE15 RIOD PRECEDING RELEASE. 

16 (a) IN GENERAL.—The subdivision (A) following 

17 paragraph (30) of section 1905(a) of the Social Security 

18 Act (42 U.S.C. 1396d(a)) is amended by inserting ‘‘and ex19 cept during the 30-day period preceding the date of release 

20 of such individual from such public institution’’ after ‘‘med21 ical institution’’. 

22 (b) REPORT.—Not later than June 30, 2022, the Med23 icaid and CHIP Payment and Access Commission shall 

24 submit a report to Congress on the Medicaid inmate exclu25 sion under the subdivision (A) following paragraph (30) of 
1057 

•HR 925 EAH 

1 section 1905(a) of the Social Security Act (42 U.S.C. 

2 1396d(a)). Such report may, to the extent practicable, in3 clude the following information: 

4 (1) The number of incarcerated individuals who 

5 would otherwise be eligible to enroll for medical as6 sistance under a State plan approved under title XIX 

7 of the Social Security Act (42 U.S.C. 1396 et seq.) (or 

8 a waiver of such a plan). 

9 (2) Access to health care for incarcerated indi10 viduals, including a description of medical services 

11 generally available to incarcerated individuals. 

12 (3) A description of current practices related to 

13 the discharge of incarcerated individuals, including 

14 how prisons interact with State Medicaid agencies to 

15 ensure that such individuals who are eligible to enroll 

16 for medical assistance under a State plan or waiver 

17 described in paragraph (1) are so enrolled. 

18 (4) If determined appropriate by the Commis19 sion, recommendations for Congress, the Department 

20 of Health and Human Services, or States regarding 

21 the Medicaid inmate exclusion. 

22 (5) Any other information that the Commission 

23 determines would be useful to Congress. 
1058 

•HR 925 EAH 

1 SEC. 108. MEDICAID COVERAGE OF CERTAIN MEDICAL 

2 TRANSPORTATION. 

3 (a) CONTINUING REQUIREMENT OF MEDICAID COV4 ERAGE OF NECESSARY TRANSPORTATION.— 

5 (1) REQUIREMENT.—Section 1902(a)(4) of the 

6 Social Security Act (42 U.S.C. 1396a(a)(4)) is 

7 amended— 

8 (A) by striking ‘‘and including provision 

9 for utilization’’ and inserting ‘‘including provi10 sion for utilization’’; and 

11 (B) by inserting after ‘‘supervision of ad12 ministration of the plan’’ the following: ‘‘, and, 

13 subject to section 1903(i), including a specifica14 tion that the single State agency described in 

15 paragraph (5) will ensure necessary transpor16 tation for beneficiaries under the State plan to 

17 and from providers and a description of the 

18 methods that such agency will use to ensure such 

19 transportation’’. 

20 (2) APPLICATION WITH RESPECT TO BENCHMARK

21 BENEFIT PACKAGES AND BENCHMARK EQUIVALENT

22 COVERAGE.—Section 1937(a)(1) of the Social Secu23 rity Act (42 U.S.C. 1396u–7(a)(1)) is amended— 

24 (A) in subparagraph (A), by striking ‘‘sub25 section (E)’’ and inserting ‘‘subparagraphs (E) 

26 and (F)’’; and 
1059 

•HR 925 EAH 

1 (B) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(F) NECESSARY TRANSPORTATION.—Not4 withstanding the preceding provisions of this 

5 paragraph, a State may not provide medical as6 sistance through the enrollment of an individual 

7 with benchmark coverage or benchmark equiva8 lent coverage described in subparagraph (A)(i) 

9 unless, subject to section 1903(i)(9) and in ac10 cordance with section 1902(a)(4), the benchmark 

11 benefit package or benchmark equivalent coverage 

12 (or the State)— 

13 ‘‘(i) ensures necessary transportation 

14 for individuals enrolled under such package 

15 or coverage to and from providers; and 

16 ‘‘(ii) provides a description of the 

17 methods that will be used to ensure such 

18 transportation.’’. 

19 (3) LIMITATION ON FEDERAL FINANCIAL PAR20 TICIPATION.—Section 1903(i) of the Social Security 

21 Act (42 U.S.C. 1396b(i)) is amended by inserting 

22 after paragraph (8) the following new paragraph: 

23 ‘‘(9) with respect to any amount expended for 

24 non-emergency transportation authorized under sec25 tion 1902(a)(4), unless the State plan provides for the 
1060 

•HR 925 EAH 

1 methods and procedures required under section 

2 1902(a)(30)(A); or’’. 

3 (4) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall take effect on the date of the 

5 enactment of this Act and shall apply to transpor6 tation furnished on or after such date. 

7 (b) MEDICAID PROGRAM INTEGRITY MEASURES RE8 LATED TO COVERAGE OF NONEMERGENCY MEDICAL TRANS9 PORTATION.— 

10 (1) GAO STUDY.—Not later than two years after 

11 the date of the enactment of this Act, the Comptroller 

12 General of the United States shall conduct a study, 

13 and submit to Congress, a report on coverage under 

14 the Medicaid program under title XIX of the Social 

15 Security Act of nonemergency transportation to medi16 cally necessary services. Such study shall take into ac17 count the 2009 report of the Office of the Inspector 

18 General of the Department of Health and Human 

19 Services, titled ‘‘Fraud and Abuse Safeguards for 

20 Medicaid Nonemergency Medical Transportation’’ 

21 (OEI–06–07–003200). Such report shall include the 

22 following: 

23 (A) An examination of the 50 States and 

24 the District of Columbia to identify safeguards to 

25 prevent and detect fraud and abuse with respect 
1061 

•HR 925 EAH 

1 to coverage under the Medicaid program of non2 emergency transportation to medically necessary 

3 services. 

4 (B) An examination of transportation bro5 kers to identify the range of safeguards against 

6 such fraud and abuse to prevent improper pay7 ments for such transportation. 

8 (C) Identification of the numbers, types, 

9 and outcomes of instances of fraud and abuse, 

10 with respect to coverage under the Medicaid pro11 gram of such transportation, that State Medicaid 

12 Fraud Control Units have investigated in recent 

13 years. 

14 (D) Identification of commonalities or 

15 trends in program integrity, with respect to such 

16 coverage, to inform risk management strategies 

17 of States and the Centers for Medicare & Med18 icaid Services. 

19 (2) STAKEHOLDER WORKING GROUP.— 

20 (A) IN GENERAL.—Not later than one year 

21 after the date of the enactment of this Act, the 

22 Secretary of Health and Human Services, 

23 through the Centers for Medicare & Medicaid 

24 Services, shall convene a series of meetings to ob25 tain input from appropriate stakeholders to fa-
1062 

•HR 925 EAH 

1 cilitate discussion and shared learning about the 

2 leading practices for improving Medicaid pro3 gram integrity, with respect to coverage of non4 emergency transportation to medically necessary 

5 services. 

6 (B) TOPICS.—The meetings convened under 

7 subparagraph (A) shall— 

8 (i) focus on ongoing challenges to Med9 icaid program integrity as well as leading 

10 practices to address such challenges; and 

11 (ii) address specific challenges raised 

12 by stakeholders involved in coverage under 

13 the Medicaid program of nonemergency 

14 transportation to medically necessary serv15 ices, including unique considerations for 

16 specific groups of Medicaid beneficiaries 

17 meriting particular attention, such as 

18 American Indians and tribal land issues or 

19 accommodations for individuals with dis20 abilities. 

21 (C) STAKEHOLDERS.—Stakeholders de22 scribed in subparagraph (A) shall include indi23 viduals from State Medicaid programs, brokers 

24 for nonemergency transportation to medically 

25 necessary services that meet the criteria described 
1063 

•HR 925 EAH 

1 in section 1902(a)(70)(B) of the Social Security 

2 Act (42 U.S.C. 1396a(a)(70)(B)), providers (in3 cluding transportation network companies), 

4 Medicaid patient advocates, and such other indi5 viduals specified by the Secretary. 

6 (3) GUIDANCE REVIEW.—Not later than 18 

7 months after the date of the enactment of this Act, the 

8 Secretary of Health and Human Services, through the 

9 Centers for Medicare & Medicaid Services, shall assess 

10 guidance issued to States by the Centers for Medicare 

11 & Medicaid Services relating to Federal requirements 

12 for nonemergency transportation to medically nec13 essary services under the Medicaid program under 

14 title XIX of the Social Security Act and update such 

15 guidance as necessary to ensure States have appro16 priate and current guidance in designing and admin17 istering coverage under the Medicaid program of non18 emergency transportation to medically necessary serv19 ices. 

20 (4) NEMT TRANSPORTATION PROVIDER AND

21 DRIVER REQUIREMENTS.— 

22 (A) STATE PLAN REQUIREMENT.—Section 

23 1902(a) of the Social Security Act (42 U.S.C. 

24 1396a(a)) is amended— 
1064 

•HR 925 EAH 

1 (i) by striking ‘‘and’’ at the end of 

2 paragraph (85); 

3 (ii) by striking the period at the end of 

4 paragraph (86) and inserting ‘‘; and’’; and 

5 (iii) by inserting after paragraph (86) 

6 the following new paragraph: 

7 ‘‘(87) provide for a mechanism, which may in8 clude attestation, that ensures that, with respect to 

9 any provider (including a transportation network 

10 company) or individual driver of nonemergency 

11 transportation to medically necessary services receiv12 ing payments under such plan (but excluding any 

13 public transit authority), at a minimum— 

14 ‘‘(A) each such provider and individual 

15 driver is not excluded from participation in any 

16 Federal health care program (as defined in sec17 tion 1128B(f)) and is not listed on the exclusion 

18 list of the Inspector General of the Department 

19 of Health and Human Services; 

20 ‘‘(B) each such individual driver has a 

21 valid driver’s license; 

22 ‘‘(C) each such provider has in place a 

23 process to address any violation of a State drug 

24 law; and 
1065 

•HR 925 EAH 

1 ‘‘(D) each such provider has in place a 

2 process to disclose to the State Medicaid program 

3 the driving history, including any traffic viola4 tions, of each such individual driver employed by 

5 such provider, including any traffic violations.’’. 

6 (B) EFFECTIVE DATE.— 

7 (i) IN GENERAL.—Except as provided 

8 in clause (ii), the amendments made by 

9 subparagraph (A) shall take effect on the 

10 date of the enactment of this Act and shall 

11 apply to services furnished on or after the 

12 date that is one year after the date of the 

13 enactment of this Act. 

14 (ii) EXCEPTION IF STATE LEGISLATION

15 REQUIRED.—In the case of a State plan for 

16 medical assistance under title XIX of the 

17 Social Security Act which the Secretary of 

18 Health and Human Services determines re19 quires State legislation (other than legisla20 tion appropriating funds) in order for the 

21 plan to meet the additional requirement im22 posed by the amendments made by subpara23 graph (A), the State plan shall not be re24 garded as failing to comply with the re25 quirements of such title solely on the basis 
1066 

•HR 925 EAH 

1 of its failure to meet this additional re2 quirement before the first day of the first 

3 calendar quarter beginning after the close of 

4 the first regular session of the State legisla5 ture that begins after the date of the enact6 ment of this Act. For purposes of the pre7 vious sentence, in the case of a State that 

8 has a 2-year legislative session, each year of 

9 such session shall be deemed to be a separate 

10 regular session of the State legislature. 

11 (5) ANALYSIS OF T–MSIS DATA.—Not later than 

12 one year after the date of the enactment of this Act, 

13 the Secretary of Health and Human Services, through 

14 the Centers for Medicare & Medicaid Services, shall 

15 analyze, and submit to Congress a report on, the na16 tion-wide data set under the Transformed Medicaid 

17 Statistical Information System to identify rec18 ommendations relating to coverage under the Med19 icaid program under title XIX of the Social Security 

20 Act of nonemergency transportation to medically nec21 essary services. 
1067 

•HR 925 EAH 

1 TITLE II—MEDICARE 

2 PROVISIONS 

3 SEC. 201. HOLDING MEDICARE BENEFICIARIES HARMLESS 

4 FOR SPECIFIED COVID–19 TREATMENT SERV5 ICES FURNISHED UNDER PART A OR PART B 

6 OF THE MEDICARE PROGRAM. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, in the case of a specified COVID–19 treatment 

9 service (as defined in subsection (b)) furnished during any 

10 portion of the emergency period described in paragraph 

11 (1)(B) of section 1135(g) of the Social Security Act (42 

12 U.S.C. 1320b-5(g)) beginning on or after the date of the 

13 enactment of this Act to an individual entitled to benefits 

14 under part A or enrolled under part B of title XVIII of 

15 the Social Security Act (42 U.S.C. 1395 et seq.) for which 

16 payment is made under such part A or such part B, the 

17 Secretary of Health and Human Services (in this section 

18 referred to as the ‘‘Secretary’’) shall provide that— 

19 (1) any cost-sharing required (including any de20 ductible, copayment, or coinsurance) applicable to 

21 such individual under such part A or such part B 

22 with respect to such item or service is paid by the 

23 Secretary; and 

24 (2) the provider of services or supplier (as de25 fined in section 1861 of the Social Security Act (42 
1068 

•HR 925 EAH 

1 U.S.C. 1395x)) does not hold such individual liable 

2 for such requirement. 

3 (b) DEFINITION OF SPECIFIED COVID–19 TREAT4 MENT SERVICES.—For purposes of this section, the term 

5 ‘‘specified COVID–19 treatment service’’ means any item 

6 or service furnished to an individual for which payment 

7 may be made under part A or part B of title XVIII of the 

8 Social Security Act (42 U.S.C. 1395 et seq.) if such item 

9 or service is included in a claim with an ICD–10–CM code 

10 relating to COVID–19 (as described in the document enti11 tled ‘‘ICD–10–CM Official Coding Guidelines - Supplement 

12 Coding encounters related to COVID–19 Coronavirus Out13 break’’ published on February 20, 2020, or as otherwise 

14 specified by the Secretary). 

15 (c) RECOVERY OF COST-SHARING AMOUNTS PAID BY

16 THE SECRETARY IN THE CASE OF SUPPLEMENTAL INSUR17 ANCE COVERAGE.— 

18 (1) IN GENERAL.—In the case of any amount 

19 paid by the Secretary pursuant to subsection (a)(1) 

20 that the Secretary determines would otherwise have 

21 been paid by a group health plan or health insurance 

22 issuer (as such terms are defined in section 2791 of 

23 the Public Health Service Act (42 U.S.C. 300gg–91)), 

24 a private entity offering a medicare supplemental 

25 policy under section 1882 of the Social Security Act 
1069 

•HR 925 EAH 

1 (42 U.S.C. 1395ss), any other health plan offering 

2 supplemental coverage, a State plan under title XIX 

3 of the Social Security Act, or the Secretary of Defense 

4 under the TRICARE program, such plan, issuer, pri5 vate entity, other health plan, State plan, or Sec6 retary of Defense, as applicable, shall pay to the Sec7 retary, not later than 1 year after such plan, issuer, 

8 private entity, other health plan, State plan, or Sec9 retary of Defense receives a notice under paragraph 

10 (3), such amount in accordance with this subsection. 

11 (2) REQUIRED INFORMATION.—Not later than 9 

12 months after the date of the enactment of this Act, 

13 each group health plan, health insurance issuer, pri14 vate entity, other health plan, State plan, and Sec15 retary of Defense described in paragraph (1) shall 

16 submit to the Secretary such information as the Sec17 retary determines necessary for purposes of carrying 

18 out this subsection. Such information so submitted 

19 shall be updated by such plan, issuer, private entity, 

20 other health plan, State plan, or Secretary of Defense, 

21 as applicable, at such time and in such manner as 

22 specified by the Secretary. 

23 (3) REVIEW OF CLAIMS AND NOTIFICATION.—The 

24 Secretary shall establish a process under which claims 

25 for items and services for which the Secretary has 
1070 

•HR 925 EAH 

1 paid an amount pursuant to subsection (a)(1) are re2 viewed for purposes of identifying if such amount 

3 would otherwise have been paid by a plan, issuer, pri4 vate entity, other health plan, State plan, or Sec5 retary of Defense described in paragraph (1). In the 

6 case such a claim is so identified, the Secretary shall 

7 determine the amount that would have been otherwise 

8 payable by such plan, issuer, private entity, other 

9 health plan, State plan, or Secretary of Defense and 

10 notify such plan, issuer, private entity, other health 

11 plan, State plan, or Secretary of Defense of such 

12 amount. 

13 (4) ENFORCEMENT.—The Secretary may impose 

14 a civil monetary penalty in an amount determined 

15 appropriate by the Secretary in the case of a plan, 

16 issuer, private entity, other health plan, or State plan 

17 that fails to comply with a provision of this section. 

18 The provisions of section 1128A of the Social Security 

19 Act shall apply to a civil monetary penalty imposed 

20 under the previous sentence in the same manner as 

21 such provisions apply to a penalty or proceeding 

22 under subsection (a) or (b) of such section. 

23 (d) FUNDING.—The Secretary shall provide for the 

24 transfer to the Centers for Medicare & Medicaid Program 

25 Management Account from the Federal Hospital Insurance 
1071 

•HR 925 EAH 

1 Trust Fund and the Federal Supplementary Trust Fund 

2 (in such portions as the Secretary determines appropriate) 

3 $100,000,000 for purposes of carrying out this section. 

4 (e) REPORT.—Not later than 3 years after the date of 

5 the enactment of this Act, the Inspector General of the De6 partment of Health and Human Services shall submit to 

7 Congress a report containing an analysis of amounts paid 

8 pursuant to subsection (a)(1) compared to amounts paid 

9 to the Secretary pursuant to subsection (c). 

10 (f) IMPLEMENTATION.—Notwithstanding any other 

11 provision of law, the Secretary may implement the provi12 sions of this section by program instruction or otherwise. 

13 SEC. 202. ENSURING COMMUNICATIONS ACCESSIBILITY 

14 FOR RESIDENTS OF SKILLED NURSING FA15 CILITIES DURING THE COVID–19 EMERGENCY 

16 PERIOD. 

17 (a) IN GENERAL.—Section 1819(c)(3) of the Social Se18 curity Act (42 U.S.C. 1395i–3(c)(3)) is amended— 

19 (1) in subparagraph (D), by striking ‘‘and’’ at 

20 the end; 

21 (2) in subparagraph (E), by striking the period 

22 and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following new sub24 paragraph: 
1072 

•HR 925 EAH 

1 ‘‘(F) provide for reasonable access to the use 

2 of a telephone, including TTY and TDD services 

3 (as defined for purposes of section 483.10 of title 

4 42, Code of Federal Regulations (or a successor 

5 regulation)), and the internet (to the extent 

6 available to the facility) and inform each such 

7 resident (or a representative of such resident) of 

8 such access and any changes in policies or proce9 dures of such facility relating to limitations on 

10 external visitors.’’. 

11 (b) COVID–19 PROVISIONS.— 

12 (1) GUIDANCE.—Not later than 15 days after the 

13 date of the enactment of this Act, the Secretary of 

14 Health and Human Service shall issue guidance on 

15 steps skilled nursing facilities may take to ensure 

16 residents have access to televisitation during the emer17 gency period defined in section 1135(g)(1)(B) of the 

18 Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)). 

19 Such guidance shall include information on how such 

20 facilities will notify residents of such facilities, rep21 resentatives of such residents, and relatives of such 

22 residents of the rights of such residents to such tele23 visitation, and ensure timely and equitable access to 

24 such televisitation. 
1073 

•HR 925 EAH 

1 (2) REVIEW OF FACILITIES.—The Secretary of 

2 Health and Human Services shall take such steps as 

3 determined appropriate by the Secretary to ensure 

4 that residents of skilled nursing facilities and rel5 atives of such residents are made aware of the access 

6 rights described in section 1819(c)(3)(F) of the Social 

7 Security Act (42 U.S.C. 1395i–3(c)(3)(F)). 

8 SEC. 203. MEDICARE HOSPITAL INPATIENT PROSPECTIVE 

9 PAYMENT SYSTEM OUTLIER PAYMENTS FOR 

10 COVID–19 PATIENTS DURING CERTAIN EMER11 GENCY PERIOD. 

12 (a) IN GENERAL.—Section 1886(d)(5)(A) of the Social 

13 Security Act (42 U.S.C. 1395ww(d)(5)(A)) is amended— 

14 (1) in clause (ii), by striking ‘‘For cases’’ and 

15 inserting ‘‘Subject to clause (vii), for cases’’; 

16 (2) in clause (iii), by striking ‘‘The amount’’ 

17 and inserting ‘‘Subject to clause (vii), the amount’’; 

18 (3) in clause (iv), by striking ‘‘The total 

19 amount’’ and inserting ‘‘Subject to clause (vii), the 

20 total amount’’; and 

21 (4) by adding at the end the following new 

22 clause: 

23 ‘‘(vii) For discharges that have a primary or sec24 ondary diagnosis of COVID–19 and that occur during the 

25 period beginning on the date of the enactment of this clause 
1074 

•HR 925 EAH 

1 and ending on the sooner of January 31, 2021, or the last 

2 day of the emergency period described in section 

3 1135(g)(1)(B), the amount of any additional payment 

4 under clause (ii) for a subsection (d) hospital for such a 

5 discharge shall be determined as if— 

6 ‘‘(I) clause (ii) was amended by striking ‘plus a 

7 fixed dollar amount determined by the Secretary’; 

8 ‘‘(II) the reference in clause (iii) to ‘approximate 

9 the marginal cost of care beyond the cutoff point ap10 plicable under clause (i) or (ii)’ were a reference to 

11 ‘approximate the marginal cost of care beyond the 

12 cutoff point applicable under clause (i), or, in the 

13 case of an additional payment requested under clause 

14 (ii), be equal to 100 percent of the amount by which 

15 the costs of the discharge for which such additional 

16 payment is so requested exceed the applicable DRG 

17 prospective payment rate’; and 

18 ‘‘(III) clause (iv) does not apply.’’. 

19 (b) EXCLUSION FROM REDUCTION IN AVERAGE

20 STANDARDIZED AMOUNTS PAYABLE TO HOSPITALS LO21 CATED IN CERTAIN AREAS.—Section 1886(d)(3)(B) of the 

22 Social Security Act (42 U.S.C. 1395ww(d)(3)(B)) is 

23 amended by inserting before the period the following: ‘‘, 

24 other than additional payments described in clause (vii) of 

25 such paragraph’’. 
1075 

•HR 925 EAH 

1 (c) IMPLEMENTATION.—Notwithstanding any other 

2 provision of law, the Secretary of Health and Human Serv3 ices may implement the amendments made by this section 

4 by program instruction or otherwise. 

5 SEC. 204. COVERAGE OF TREATMENTS FOR COVID–19 AT NO 

6 COST SHARING UNDER THE MEDICARE AD7 VANTAGE PROGRAM. 

8 (a) IN GENERAL.—Section 1852(a)(1)(B) of the Social 

9 Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended by 

10 adding at the end the following new clause: 

11 ‘‘(vii) SPECIAL COVERAGE RULES FOR

12 SPECIFIED COVID–19 TREATMENT SERV13 ICES.—Notwithstanding clause (i), in the 

14 case of a specified COVID–19 treatment 

15 service (as defined in section 201(b) of the 

16 Investing in America’s Health Care During 

17 the COVID–19 Pandemic Act) that is fur18 nished during a plan year occurring during 

19 any portion of the emergency period defined 

20 in section 1135(g)(1)(B) beginning on or 

21 after the date of the enactment of this 

22 clause, a Medicare Advantage plan may 

23 not, with respect to such service, impose— 
1076 

•HR 925 EAH 

1 ‘‘(I) any cost-sharing requirement 

2 (including a deductible, copayment, or 

3 coinsurance requirement); and 

4 ‘‘(II) in the case such service is a 

5 critical specified COVID–19 treatment 

6 service (including ventilator services 

7 and intensive care unit services), any 

8 prior authorization or other utilization 

9 management requirement. 

10 A Medicare Advantage plan may not take 

11 the application of this clause into account 

12 for purposes of a bid amount submitted by 

13 such plan under section 1854(a)(6).’’. 

14 (b) IMPLEMENTATION.—Notwithstanding any other 

15 provision of law, the Secretary of Health and Human Serv16 ices may implement the amendments made by this section 

17 by program instruction or otherwise. 

18 SEC. 205. REQUIRING COVERAGE UNDER MEDICARE PDPS 

19 AND MA–PD PLANS, WITHOUT THE IMPOSI20 TION OF COST SHARING OR UTILIZATION 

21 MANAGEMENT REQUIREMENTS, OF DRUGS IN22 TENDED TO TREAT COVID–19 DURING CER23 TAIN EMERGENCIES. 

24 (a) COVERAGE REQUIREMENT.— 
1077 

•HR 925 EAH 

1 (1) IN GENERAL.—Section 1860D–4(b)(3) of the 

2 Social Security Act (42 U.S.C. 1395w–104(b)(3)) is 

3 amended by adding at the end the following new sub4 paragraph: 

5 ‘‘(I) REQUIRED INCLUSION OF DRUGS IN6 TENDED TO TREAT COVID–19.— 

7 ‘‘(i) IN GENERAL.—Notwithstanding 

8 any other provision of law, a PDP sponsor 

9 offering a prescription drug plan shall, with 

10 respect to a plan year, any portion of which 

11 occurs during the period described in clause 

12 (ii), be required to— 

13 ‘‘(I) include in any formulary— 

14 ‘‘(aa) all covered part D 

15 drugs with a medically accepted 

16 indication (as defined in section 

17 1860D–2(e)(4)) to treat COVID– 

18 19 that are marketed in the 

19 United States; and 

20 ‘‘(bb) all drugs authorized 

21 under section 564 or 564A of the 

22 Federal Food, Drug, and Cosmetic 

23 Act to treat COVID–19; and 

24 ‘‘(II) not impose any prior au25 thorization or other utilization man-
1078 

•HR 925 EAH 

1 agement requirement with respect to 

2 such drugs described in item (aa) or 

3 (bb) of subclause (I) (other than such a 

4 requirement that limits the quantity of 

5 drugs due to safety). 

6 ‘‘(ii) PERIOD DESCRIBED.—For pur7 poses of clause (i), the period described in 

8 this clause is the period during which there 

9 exists the public health emergency declared 

10 by the Secretary pursuant to section 319 of 

11 the Public Health Service Act on January 

12 31, 2020, entitled ‘Determination that a 

13 Public Health Emergency Exists Nation14 wide as the Result of the 2019 Novel 

15 Coronavirus’ (including any renewal of 

16 such declaration pursuant to such sec17 tion).’’. 

18 (b) ELIMINATION OF COST SHARING.— 

19 (1) ELIMINATION OF COST-SHARING FOR DRUGS

20 INTENDED TO TREAT COVID–19 UNDER STANDARD AND

21 ALTERNATIVE PRESCRIPTION DRUG COVERAGE.—Sec22 tion 1860D–2 of the Social Security Act (42 U.S.C. 

23 1395w–102) is amended— 

24 (A) in subsection (b)— 
1079 

•HR 925 EAH 

1 (i) in paragraph (1)(A), by striking 

2 ‘‘The coverage’’ and inserting ‘‘Subject to 

3 paragraph (8), the coverage’’; 

4 (ii) in paragraph (2)— 

5 (I) in subparagraph (A), by in6 serting after ‘‘Subject to subparagraphs 

7 (C) and (D)’’ the following: ‘‘and para8 graph (8)’’; 

9 (II) in subparagraph (C)(i), by 

10 striking ‘‘paragraph (4)’’ and inserting 

11 ‘‘paragraphs (4) and (8)’’; and 

12 (III) in subparagraph (D)(i), by 

13 striking ‘‘paragraph (4)’’ and inserting 

14 ‘‘paragraphs (4) and (8)’’; 

15 (iii) in paragraph (4)(A)(i), by strik16 ing ‘‘The coverage’’ and inserting ‘‘Subject 

17 to paragraph (8), the coverage’’; and 

18 (iv) by adding at the end the following 

19 new paragraph: 

20 ‘‘(8) ELIMINATION OF COST-SHARING FOR DRUGS

21 INTENDED TO TREAT COVID–19.—The coverage does 

22 not impose any deductible, copayment, coinsurance, 

23 or other cost-sharing requirement for drugs described 

24 in section 1860D–4(b)(3)(I)(i)(I) with respect to a 

25 plan year, any portion of which occurs during the pe-
1080 

•HR 925 EAH 

1 riod during which there exists the public health emer2 gency declared by the Secretary pursuant to section 

3 319 of the Public Health Service Act on January 31, 

4 2020, entitled ‘Determination that a Public Health 

5 Emergency Exists Nationwide as the Result of the 

6 2019 Novel Coronavirus’ (including any renewal of 

7 such declaration pursuant to such section).’’; and 

8 (B) in subsection (c), by adding at the end 

9 the following new paragraph: 

10 ‘‘(4) SAME ELIMINATION OF COST-SHARING FOR

11 DRUGS INTENDED TO TREAT COVID–19.—The coverage 

12 is in accordance with subsection (b)(8).’’. 

13 (2) ELIMINATION OF COST-SHARING FOR DRUGS

14 INTENDED TO TREAT COVID–19 DISPENSED TO INDI15 VIDUALS WHO ARE SUBSIDY ELIGIBLE INDIVID16 UALS.—Section 1860D–14(a) of the Social Security 

17 Act (42 U.S.C. 1395w–114(a)) is amended— 

18 (A) in paragraph (1)— 

19 (i) in subparagraph (D)— 

20 (I) in clause (ii), by striking ‘‘In 

21 the case of’’ and inserting ‘‘Subject to 

22 subparagraph (F), in the case of’’; and 

23 (II) in clause (iii), by striking 

24 ‘‘In the case of’’ and inserting ‘‘Subject 
1081 

•HR 925 EAH 

1 to subparagraph (F), in the case of’’; 

2 and 

3 (ii) by adding at the end the following 

4 new subparagraph: 

5 ‘‘(F) ELIMINATION OF COST-SHARING FOR

6 DRUGS INTENDED TO TREAT COVID–19.—Cov7 erage that is in accordance with section 1860D– 

8 2(b)(8).’’; and 

9 (B) in paragraph (2)— 

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

11 ‘‘A reduction’’ and inserting ‘‘Subject to 

12 subparagraph (F), a reduction’’; 

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

14 ‘‘The substitution’’ and inserting ‘‘Subject 

15 to subparagraph (F), the substitution’’; 

16 (iii) in subparagraph (E), by inserting 

17 after ‘‘Subject to’’ the following: ‘‘subpara18 graph (F) and’’; and 

19 (iv) by adding at the end the following 

20 new subparagraph: 

21 ‘‘(F) ELIMINATION OF COST-SHARING FOR

22 DRUGS INTENDED TO TREAT COVID–19.—Cov23 erage that is in accordance with section 1860D– 

24 2(b)(8).’’. 
1082 

•HR 925 EAH 

1 (c) IMPLEMENTATION.—Notwithstanding any other 

2 provision of law, the Secretary of Health and Human Serv3 ices may implement the amendments made by this section 

4 by program instruction or otherwise. 

5 SEC. 206. MEDICARE SPECIAL ENROLLMENT PERIOD FOR 

6 INDIVIDUALS RESIDING IN COVID–19 EMER7 GENCY AREAS. 

8 (a) IN GENERAL.—Section 1837(i) of the Social Secu9 rity Act (42 U.S.C. 1395p(i)) is amended by adding at the 

10 end the following new paragraph: 

11 ‘‘(5)(A) In the case of an individual who— 

12 ‘‘(i) is eligible under section 1836 to enroll 

13 in the medical insurance program established by 

14 this part, 

15 ‘‘(ii) did not enroll (or elected not to be 

16 deemed enrolled) under this section during an 

17 enrollment period, and 

18 ‘‘(iii) during the emergency period (as de19 scribed in section 1135(g)(1)(B)), resided in an 

20 emergency area (as described in such section), 

21 there shall be a special enrollment period de22 scribed in subparagraph (B). 

23 ‘‘(B) The special enrollment period referred 

24 to in subparagraph (A) is the period that begins 

25 not later than December 1, 2020, and ends on 
1083 

•HR 925 EAH 

1 the last day of the month in which the emergency 

2 period (as described in section 1135(g)(1)(B)) 

3 ends.’’. 

4 (b) COVERAGE PERIOD FOR INDIVIDUALS

5 TRANSITIONING FROM OTHER COVERAGE.—Section 

6 1838(e) of the Social Security Act (42 U.S.C. 1395q(e)) is 

7 amended— 

8 (1) by striking ‘‘pursuant to section 1837(i)(3) 

9 or 1837(i)(4)(B)—’’ and inserting the following: 

10 ‘‘pursuant to— 

11 ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; 

12 (2) by redesignating paragraphs (1) and (2) as 

13 subparagraphs (A) and (B), respectively, and moving 

14 the indentation of each such subparagraph 2 ems to 

15 the right; 

16 (3) by striking the period at the end of the sub17 paragraph (B), as so redesignated, and inserting ‘‘; 

18 or’’; and 

19 (4) by adding at the end the following new para20 graph: 

21 ‘‘(2) section 1837(i)(5), the coverage period shall 

22 begin on the first day of the month following the 

23 month in which the individual so enrolls.’’. 

24 (c) FUNDING.—The Secretary of Health and Human 

25 Services shall provide for the transfer from the Federal Hos-
1084 

•HR 925 EAH 

1 pital Insurance Trust Fund (as described in section 1817 

2 of the Social Security Act (42 U.S.C. 1395i)) and the Fed3 eral Supplementary Medical Insurance Trust Fund (as de4 scribed in section 1841 of such Act (42 U.S.C. 1395t)), in 

5 such proportions as determined appropriate by the Sec6 retary, to the Social Security Administration, of 

7 $30,000,000, to remain available until expended, for pur8 poses of carrying out the amendments made by this section. 

9 (d) IMPLEMENTATION.—Notwithstanding any other 

10 provision of law, the Secretary of Health and Human Serv11 ices may implement the amendments made by this section 

12 by program instruction or otherwise. 

13 SEC. 207. COVID–19 SKILLED NURSING FACILITY PAYMENT 

14 INCENTIVE PROGRAM. 

15 (a) IN GENERAL.—Section 1819 of the Social Security 

16 Act (42 U.S.C. 1395i–3) is amended by adding at the end 

17 the following new subsection: 

18 ‘‘(k) COVID–19 DESIGNATION PROGRAM.— 

19 ‘‘(1) IN GENERAL.—Not later than 2 weeks after 

20 the date of the enactment of this subsection, the Sec21 retary shall establish a program under which a skilled 

22 nursing facility that makes an election described in 

23 paragraph (2)(A) and meets the requirements de24 scribed in paragraph (2)(B) is designated (or a por25 tion of such facility is so designated) as a COVID– 
1085 

•HR 925 EAH 

1 19 treatment center and receives incentive payments 

2 under section 1888(e)(13). 

3 ‘‘(2) DESIGNATION.— 

4 ‘‘(A) IN GENERAL.—A skilled nursing facil5 ity may elect to be designated (or to have a por6 tion of such facility designated) as a COVID–19 

7 treatment center under the program established 

8 under paragraph (1) if the facility submits to 

9 the Secretary, at a time and in a manner speci10 fied by the Secretary, an application for such 

11 designation that contains such information as 

12 required by the Secretary and demonstrates that 

13 such facility meets the requirements described in 

14 subparagraph (B). 

15 ‘‘(B) REQUIREMENTS.—The requirements 

16 described in this subparagraph with respect to a 

17 skilled nursing facility are the following: 

18 ‘‘(i) The facility has a star rating with 

19 respect to staffing of 4 or 5 on the Nursing 

20 Home Compare website (as described in 

21 subsection (i)) and has maintained such a 

22 rating on such website during the 2-year pe23 riod ending on the date of the submission of 

24 the application described in subparagraph 

25 (A). 
1086 

•HR 925 EAH 

1 ‘‘(ii) The facility has a star rating of 

2 4 or 5 with respect to health inspections on 

3 such website and has maintained such a 

4 rating on such website during such period. 

5 ‘‘(iii) During such period, the Sec6 retary or a State has not found a deficiency 

7 with such facility relating to infection con8 trol that the Secretary or State determined 

9 immediately jeopardized the health or safety 

10 of the residents of such facility (as described 

11 in paragraph (1) or (2)(A) of subsection 

12 (h), as applicable). 

13 ‘‘(iv) The facility provides care at such 

14 facility (or, in the case of an election made 

15 with respect to a portion of such facility, to 

16 provide care in such portion of such facil17 ity) only to eligible individuals. 

18 ‘‘(v) The facility arranges for and 

19 transfers all residents of such facility (or 

20 such portion of such facility, as applicable) 

21 who are not eligible individuals to other 

22 skilled nursing facilities (or other portions 

23 of such facility, as applicable). 
1087 

•HR 925 EAH 

1 ‘‘(vi) The facility complies with the no2 tice requirement described in paragraph 

3 (4). 

4 ‘‘(vii) The facility meets the reporting 

5 requirement described in paragraph (5). 

6 ‘‘(viii) Any other requirement deter7 mined appropriate by the Secretary. 

8 ‘‘(3) DURATION OF DESIGNATION.— 

9 ‘‘(A) IN GENERAL.—A designation of a 

10 skilled nursing facility (or portion of such facil11 ity) as a COVID–19 treatment center shall begin 

12 on a date specified by the Secretary and end 

13 upon the earliest of the following: 

14 ‘‘(i) The revocation of such designation 

15 under subparagraph (B). 

16 ‘‘(ii) The submission of a notification 

17 by such facility to the Secretary that such 

18 facility elects to terminate such designation. 

19 ‘‘(iii) The termination of the program 

20 (as specified in paragraph (6)). 

21 ‘‘(B) REVOCATION.—The Secretary may re22 voke the designation of a skilled nursing facility 

23 (or portion of such facility) as a COVID–19 

24 treatment center if the Secretary determines that 
1088 

•HR 925 EAH 

1 the facility is no longer in compliance with a re2 quirement described in paragraph (2)(B). 

3 ‘‘(4) RESIDENT NOTICE REQUIREMENT.—For 

4 purposes of paragraph (2)(B)(vi), the notice require5 ment described in this paragraph is that, not later 

6 than 72 hours before the date specified by the Sec7 retary under paragraph (3)(A) with respect to the 

8 designation of a skilled nursing facility (or portion of 

9 such facility) as a COVID–19 treatment center, the 

10 facility provides a notification to each resident of 

11 such facility (and to appropriate representatives or 

12 family members of each such resident, as specified by 

13 the Secretary) that contains the following: 

14 ‘‘(A) Notice of such designation. 

15 ‘‘(B) In the case such resident is not an eli16 gible individual (and, in the case such designa17 tion is made only with respect to a portion of 

18 such facility, resides in such portion of such fa19 cility)— 

20 ‘‘(i) a specification of when and where 

21 such resident will be transferred (or moved 

22 within such facility); 

23 ‘‘(ii) an explanation that, in lieu of 

24 such transfer or move, such resident may 

25 arrange for transfer to such other setting 
1089 

•HR 925 EAH 

1 (including a home) selected by the resident; 

2 and 

3 ‘‘(iii) if such resident so arranges to be 

4 transferred to a home, information on 

5 Internet resources for caregivers who elect to 

6 care for such resident at home. 

7 ‘‘(C) Contact information for the State 

8 long-term care ombudsman (established under 

9 section 307(a)(12) of the Older Americans Act of 

10 1965) for the applicable State. 

11 ‘‘(5) REPORTING REQUIREMENT.— 

12 ‘‘(A) IN GENERAL.—For purposes of para13 graph (2)(B)(vii), the reporting requirement de14 scribed in this paragraph is, with respect to a 

15 skilled nursing facility, that the facility reports 

16 to the Secretary, weekly and in such manner 

17 specified by the Secretary, the following (but 

18 only to the extent the information described in 

19 clauses (i) through (vii) is not otherwise reported 

20 to the Secretary weekly): 

21 ‘‘(i) The number of COVID–19 related 

22 deaths at such facility. 

23 ‘‘(ii) The number of discharges from 

24 such facility. 
1090 

•HR 925 EAH 

1 ‘‘(iii) The number of admissions to 

2 such facility. 

3 ‘‘(iv) The number of beds occupied and 

4 the number of beds available at such facil5 ity. 

6 ‘‘(v) The number of residents on a ven7 tilator at such facility. 

8 ‘‘(vi) The number of clinical and non9 clinical staff providing direct patient care 

10 at such facility. 

11 ‘‘(vii) Such other information deter12 mined appropriate by the Secretary. 

13 ‘‘(B) NONAPPLICATION OF PAPERWORK RE14 DUCTION ACT.—Chapter 35 of title 44, United 

15 States Code (commonly known as the ‘Paperwork 

16 Reduction Act’), shall not apply to the collection 

17 of information under this paragraph. 

18 ‘‘(6) DEFINITION.—For purposes of this sub19 section, the term ‘eligible individual’ means an indi20 vidual who, during the 30-day period ending on the 

21 first day on which such individual is a resident of a 

22 COVID–19 treatment center (on or after the date such 

23 center is so designated), was furnished a test for 

24 COVID–19 that came back positive. 
1091 

•HR 925 EAH 

1 ‘‘(7) TERMINATION.—The program established 

2 under paragraph (1) shall terminate upon the termi3 nation of the emergency period described in section 

4 1135(g)(1)(B). 

5 ‘‘(8) PROHIBITION ON ADMINISTRATIVE AND JU6 DICIAL REVIEW.—There shall be no administrative or 

7 judicial review under section 1869, 1878, or otherwise 

8 of a designation of a skilled nursing facility (or por9 tion of such facility) as a COVID–19 treatment cen10 ter, or revocation of such a designation, under this 

11 subsection.’’. 

12 (b) PAYMENT INCENTIVE.—Section 1888(e) of the So13 cial Security Act (42 U.S.C. 1395yy(e)) is amended— 

14 (1) in paragraph (1), in the matter preceding 

15 subparagraph (A), by striking ‘‘and (12)’’ and insert16 ing ‘‘(12), and (13)’’; and 

17 (2) by adding at the end the following new para18 graph: 

19 ‘‘(13) ADJUSTMENT FOR COVID–19 TREATMENT

20 CENTERS.—In the case of a resident of a skilled nurs21 ing facility that has been designated as a COVID–19 

22 treatment center under section 1819(k) (or in the case 

23 of a resident who resides in a portion of such facility 

24 that has been so designated), if such resident is an eli25 gible individual (as defined in paragraph (5) of such 
1092 

•HR 925 EAH 

1 section), the per diem amount of payment for such 

2 resident otherwise applicable shall be increased by 20 

3 percent to reflect increased costs associated with such 

4 residents.’’. 

5 SEC. 208. FUNDING FOR STATE STRIKE TEAMS FOR RESI6 DENT AND EMPLOYEE SAFETY IN SKILLED 

7 NURSING FACILITIES AND NURSING FACILI8 TIES. 

9 (a) IN GENERAL.—Of the amounts made available 

10 under subsection (c), the Secretary of Health and Human 

11 Services (referred to in this section as the ‘‘Secretary’’) shall 

12 allocate such amounts among the States, in a manner that 

13 takes into account the percentage of skilled nursing facilities 

14 and nursing facilities in each State that have residents or 

15 employees who have been diagnosed with COVID–19, for 

16 purposes of establishing and implementing strike teams in 

17 accordance with subsection (b). 

18 (b) USE OF FUNDS.—A State that receives funds under 

19 this section shall use such funds to establish and implement 

20 a strike team that will be deployed to a skilled nursing facil21 ity or nursing facility in the State with diagnosed or sus22 pected cases of COVID–19 among residents or staff for the 

23 purposes of assisting with clinical care, infection control, 

24 or staffing. 
1093 

•HR 925 EAH 

1 (c) AUTHORIZATION OF APPROPRIATIONS.—For pur2 poses of carrying out this section, there is authorized to be 

3 appropriated $500,000,000. 

4 (d) DEFINITIONS.—In this section: 

5 (1) NURSING FACILITY.—The term ‘‘nursing fa6 cility’’ has the meaning given such term in section 

7 1919(a) of the Social Security Act (42 U.S.C. 

8 1396r(a)). 

9 (2) SKILLED NURSING FACILITY.—The term 

10 ‘‘skilled nursing facility’’ has the meaning given such 

11 term in section 1819(a) of the Social Security Act (42 

12 U.S.C. 1395i–3(a)). 

13 SEC. 209. PROVIDING FOR INFECTION CONTROL SUPPORT 

14 TO SKILLED NURSING FACILITIES THROUGH 

15 CONTRACTS WITH QUALITY IMPROVEMENT 

16 ORGANIZATIONS. 

17 (a) IN GENERAL.—Section 1862(g) of the Social Secu18 rity Act (42 U.S.C. 1395y(g)) is amended— 

19 (1) by striking ‘‘The Secretary’’ and inserting 

20 ‘‘(1) The Secretary’’; and 

21 (2) by adding at the end the following new para22 graph: 

23 ‘‘(2)(A) The Secretary shall ensure that at least 1 con24 tract with a quality improvement organization described in 

25 paragraph (1) entered into on or after the date of the enact-
1094 

•HR 925 EAH 

1 ment of this paragraph and before the end of the emergency 

2 period described in section 1135(g)(1)(B) (or in effect as 

3 of such date) includes the requirement that such organiza4 tion provide to skilled nursing facilities with cases of 

5 COVID–19 (or facilities attempting to prevent outbreaks of 

6 COVID–19) infection control support described in subpara7 graph (B) during such period. 

8 ‘‘(B) For purposes of subparagraph (A), the infection 

9 control support described in this subparagraph is, with re10 spect to skilled nursing facilities described in such subpara11 graph, the development and dissemination to such facilities 

12 of protocols relating to the prevention or mitigation of 

13 COVID–19 at such facilities and the provision of training 

14 materials to such facilities relating to such prevention or 

15 mitigation.’’. 

16 (b) FUNDING.—The Secretary of Health and Human 

17 Services shall provide for the transfer from the Federal Sup18 plementary Medical Insurance Trust Fund (as described in 

19 section 1841 of the Social Security Act (42 U.S.C. 1395t)) 

20 and the Federal Hospital Insurance Trust Fund (as de21 scribed in section 1817 of such Act (42 U.S.C. 1395i)), in 

22 such proportions as determined appropriate by the Sec23 retary, to the Centers for Medicare & Medicaid Services 

24 Program Management Account, of $210,000,000, to remain 

25 available until expended, for purposes of entering into con-
1095 

•HR 925 EAH 

1 tracts with quality improvement organizations under part 

2 B of title XI of such Act (42 U.S.C. 1320c et seq.). Of the 

3 amount transferred pursuant to the previous sentence, not 

4 less that $110,000,000 shall be used for purposes of entering 

5 into such a contract that includes the requirement described 

6 in section 1862(g)(2)(A) of such Act (as added by subsection 

7 (a)). 

8 SEC. 210. REQUIRING LONG TERM CARE FACILITIES TO RE9 PORT CERTAIN INFORMATION RELATING TO 

10 COVID–19 CASES AND DEATHS. 

11 (a) IN GENERAL.—The Secretary of Health and 

12 Human Services (in this section referred to as the ‘‘Sec13 retary’’) shall, as soon as practicable, require that the infor14 mation described in paragraph (1) of section 483.80(g) of 

15 title 42, Code of Federal Regulations, or a successor regula16 tion, be reported by a facility (as defined for purposes of 

17 such section). 

18 (b) DEMOGRAPHIC INFORMATION.—The Secretary 

19 shall post the following information with respect to skilled 

20 nursing facilities (as defined in section 1819(a) of the So21 cial Security Act (42 U.S.C. 1395i–3(a))) and nursing fa22 cilities (as defined in section 1919(a) of such Act (42 U.S.C. 

23 1396r(a))) on the Nursing Home Compare website (as de24 scribed in section 1819(i) of the Social Security Act (42 
1096 

•HR 925 EAH 

1 U.S.C. 1395i–3(i))), or a successor website, aggregated by 

2 State: 

3 (1) The age, race/ethnicity, and preferred lan4 guage of the residents of such skilled nursing facilities 

5 and nursing facilities with suspected or confirmed 

6 COVID–19 infections, including residents previously 

7 treated for COVID–19. 

8 (2) The age, race/ethnicity, and preferred lan9 guage relating to total deaths and COVID–19 deaths 

10 among residents of such skilled nursing facilities and 

11 nursing facilities. 

12 (c) CONFIDENTIALITY.—Any information reported 

13 under this section that is made available to the public shall 

14 be made so available in a manner that protects the identity 

15 of residents of skilled nursing facilities and nursing facili16 ties. 

17 (d) IMPLEMENTATION.—The Secretary may implement 

18 the provisions of this section be program instruction or oth19 erwise. 

20 SEC. 211. FLOOR ON THE MEDICARE AREA WAGE INDEX FOR 

21 HOSPITALS IN ALL-URBAN STATES. 

22 (a) IN GENERAL.—Section 1886(d)(3)(E) of the Social 

23 Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended— 

24 (1) in clause (i), in the first sentence, by striking 

25 ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’; and 
1097 

•HR 925 EAH 

1 (2) by adding at the end the following new 

2 clause: 

3 ‘‘(iv) FLOOR ON AREA WAGE INDEX

4 FOR HOSPITALS IN ALL-URBAN STATES.— 

5 ‘‘(I) IN GENERAL.—For discharges 

6 occurring on or after October 1, 2021, 

7 the area wage index applicable under 

8 this subparagraph to any hospital in 

9 an all-urban State (as defined in sub10 clause (IV)) may not be less than the 

11 minimum area wage index for the fis12 cal year for hospitals in that State, as 

13 established under subclause (II). 

14 ‘‘(II) MINIMUM AREA WAGE

15 INDEX.—For purposes of subclause (I), 

16 the Secretary shall establish a min17 imum area wage index for a fiscal 

18 year for hospitals in each all-urban 

19 State using the methodology described 

20 in section 412.64(h)(4) of title 42, Code 

21 of Federal Regulations, as in effect for 

22 fiscal year 2018. 

23 ‘‘(III) WAIVING BUDGET NEU24 TRALITY.—Pursuant to the fifth sen25 tence of clause (i), this subsection shall 
1098 

•HR 925 EAH 

1 not be applied in a budget neutral 

2 manner. 

3 ‘‘(IV) ALL-URBAN STATE DE4 FINED.—In this clause, the term ‘all5 urban State’ means a State in which 

6 there are no rural areas (as defined in 

7 paragraph (2)(D)) or a State in which 

8 there are no hospitals classified as 

9 rural under this section.’’. 

10 (b) WAIVING BUDGET NEUTRALITY.— 

11 (1) TECHNICAL AMENDATORY CORRECTION.— 

12 Section 10324(a)(2) of Public Law 111–148 is 

13 amended by striking ‘‘third sentence’’ and inserting 

14 ‘‘fifth sentence’’. 

15 (2) WAIVER.—Section 1886(d)(3)(E)(i) of the 

16 Social Security Act (42 U.S.C. 1395ww(d)(3)(E)(i)) 

17 is amended, in the fifth sentence— 

18 (A) by striking ‘‘and the amendments’’ and 

19 inserting ‘‘, the amendments’’; and 

20 (B) by inserting ‘‘, and the amendments 

21 made by section 211 of the Investing in Amer22 ica’s Health Care During the COVID–19 Pan23 demic Act’’ after ‘‘Care Act’’. 
1099 

•HR 925 EAH 

1 SEC. 212. RELIEF FOR SMALL RURAL HOSPITALS FROM IN2 ACCURATE INSTRUCTIONS PROVIDED BY 

3 CERTAIN MEDICARE ADMINISTRATIVE CON4 TRACTORS. 

5 Section 1886(d)(5) of the Social Security Act (42 

6 U.S.C. 1395ww(d)(5)) is amended by adding at the end the 

7 following new subparagraph: 

8 ‘‘(N)(i) Subject to clause (ii), in the case of a sole com9 munity hospital or a medicare-dependent, small rural hos10 pital with respect to which a medicare administrative con11 tractor initially determined and paid a volume decrease ad12 justment under subparagraph (D)(ii) or (G)(iii) for a speci13 fied cost reporting period, at the election of the hospital, 

14 the Secretary of Health and Human Services shall replace 

15 the volume decrease adjustment subsequently determined for 

16 that specified cost reporting period by the medicare admin17 istrative contractor with the volume decrease adjustment 

18 initially determined and paid by the medicare administra19 tive contractor for that specified cost reporting period. 

20 ‘‘(ii)(I) Clause (i) shall not apply in the case of a sole 

21 community hospital or a medicare-dependent, small rural 

22 hospital for which the medicare administrative contractor 

23 determination of the volume decrease adjustment with re24 spect to a specified cost reporting period of the hospital is 

25 administratively final before the date that is three years 

26 before the date of the enactment of this section. 
1100 

•HR 925 EAH 

1 ‘‘(II) For purposes of subclause (I), the date on which 

2 the medicare administrative contractor determination with 

3 respect to a volume decrease adjustment for a specified cost 

4 reporting period is administratively final is the latest of 

5 the following: 

6 ‘‘(aa) The date of the contractor determination 

7 (as defined in section 405.1801 of title 42, Code of 

8 Federal Regulations). 

9 ‘‘(bb) The date of the final outcome of any re10 opening of the medicare administrative contractor de11 termination under section 405.1885 of title 42, Code 

12 of Federal Regulations. 

13 ‘‘(cc) The date of the final outcome of the final 

14 appeal filed by such hospital with respect to such vol15 ume decrease adjustment for such specified cost re16 porting period. 

17 ‘‘(iii) For purposes of this subparagraph, the term 

18 ‘specified cost reporting period’ means a cost reporting pe19 riod of a sole community hospital or a medicare-dependent, 

20 small rural hospital, as the case may be, that begins during 

21 a fiscal year before fiscal year 2018.’’. 
1101 

•HR 925 EAH 

1 SEC. 213. DEEMING CERTAIN HOSPITALS TO BE LOCATED 

2 IN AN URBAN AREA FOR PURPOSES OF PAY3 MENT FOR INPATIENT HOSPITAL SERVICES 

4 UNDER THE MEDICARE PROGRAM. 

5 Section 1886(d)(10) of the Social Security Act (42 

6 U.S.C. 1395ww(d)(10)) is amended by adding at the end 

7 the following new subparagraph: 

8 ‘‘(G)(i) For purposes of payment under this subsection 

9 for discharges occurring during the 3-year period beginning 

10 on October 1, 2020, each hospital located in Albany, Sara11 toga, Schenectady, Montgomery, or Rensselaer County of 

12 New York shall be deemed to be located in the urban area 

13 of Hartford-East Hartford-Middletown, Connecticut (CBSA 

14 25540), notwithstanding any other reclassification or redes15 ignation that otherwise would have applied for purposes of 

16 the wage index under this paragraph or subparagraphs (B) 

17 or (E) of paragraph (8). 

18 ‘‘(ii) Any deemed location of a hospital pursuant to 

19 clause (i) shall be treated as a decision of the Medicare Geo20 graphic Classification Review Board for purposes of para21 graph (8)(D).’’. 

22 SEC. 214. EFFECTIVE DATE OF MEDICARE COVERAGE OF 

23 COVID–19 VACCINES WITHOUT ANY COST24 SHARING. 

25 Effective as if included in the enactment of the CARES 

26 Act (Public Law 116–136; 42 U.S.C. 13951 note), section 
1102 

•HR 925 EAH 

1 3713(d) of such Act is amended by inserting before the pe2 riod at the end the following: ‘‘or authorized for emergency 

3 use under section 564 of the Federal Food, Drug, and Cos4 metic Act (21 U.S.C. 360bbb–3)’’. 

5 TITLE III—PRIVATE INSURANCE 

6 PROVISIONS 

7 SEC. 301. SPECIAL ENROLLMENT PERIOD THROUGH EX8 CHANGES. 

9 (a) SPECIAL ENROLLMENT PERIOD THROUGH EX10 CHANGES.—Section 1311(c) of the Patient Protection and 

11 Affordable Care Act (42 U.S.C. 18031(c)) is amended— 

12 (1) in paragraph (6)— 

13 (A) in subparagraph (C), by striking at the 

14 end ‘‘and’’; 

15 (B) in subparagraph (D), by striking at the 

16 end the period and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following new 

18 subparagraph: 

19 ‘‘(E) subject to subparagraph (B) of para20 graph (8), the special enrollment period de21 scribed in subparagraph (A) of such para22 graph.’’; and 

23 (2) by adding at the end the following new para24 graph: 
1103 

•HR 925 EAH 

1 ‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER2 TAIN PUBLIC HEALTH EMERGENCY.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall, 

4 subject to subparagraph (B), require an Ex5 change to provide— 

6 ‘‘(i) for a special enrollment period 

7 during the emergency period described in 

8 section 1135(g)(1)(B) of the Social Security 

9 Act— 

10 ‘‘(I) which shall begin on the date 

11 that is one week after the date of the 

12 enactment of this paragraph and 

13 which, in the case of an Exchange es14 tablished or operated by the Secretary 

15 within a State pursuant to section 

16 1321(c), shall be an 8-week period; and 

17 ‘‘(II) during which any indi18 vidual who is otherwise eligible to en19 roll in a qualified health plan through 

20 the Exchange may enroll in such a 

21 qualified health plan; and 

22 ‘‘(ii) that, in the case of an individual 

23 who enrolls in a qualified health plan 

24 through the Exchange during such enroll25 ment period, the coverage period under such 
1104 

•HR 925 EAH 

1 plan shall begin on the first day of the 

2 month following the day the individual se3 lects a plan through such special enrollment 

4 period. 

5 ‘‘(B) EXCEPTION.—The requirement of sub6 paragraph (A) shall not apply to a State-oper7 ated or State-established Exchange if such Ex8 change, prior to the date of the enactment of this 

9 paragraph, established or otherwise provided for 

10 a special enrollment period to address access to 

11 coverage under qualified health plans offered 

12 through such Exchange during the emergency pe13 riod described in section 1135(g)(1)(B) of the So14 cial Security Act.’’. 

15 (b) IMPLEMENTATION.—The Secretary of Health and 

16 Human Services may implement the provisions of (includ17 ing amendments made by) this section through subregu18 latory guidance, program instruction, or otherwise. 

19 SEC. 302. EXPEDITED MEETING OF ACIP FOR COVID–19 VAC20 CINES. 

21 (a) IN GENERAL.—Notwithstanding section 3091 of 

22 the 21st Century Cures Act (21 U.S.C. 360bbb–4 note), the 

23 Advisory Committee on Immunization Practices shall meet 

24 and issue a recommendation with respect to a vaccine that 

25 is intended to prevent or treat COVID–19 not later than 
1105 

•HR 925 EAH 

1 15 business days after the date on which such vaccine is 

2 licensed under section 351 of the Public Health Service Act 

3 (42 U.S.C. 262). 

4 (b) DEFINITION.—In this section, the term ‘‘Advisory 

5 Committee on Immunization Practices’’ means the Advi6 sory Committee on Immunization Practices established by 

7 the Secretary of Health and Human Services pursuant to 

8 section 222 of the Public Health Service Act (42 U.S.C. 

9 217a), acting through the Director of the Centers for Disease 

10 Control and Prevention. 

11 SEC. 303. COVERAGE OF COVID–19 RELATED TREATMENT AT 

12 NO COST SHARING. 

13 (a) IN GENERAL.—A group health plan and a health 

14 insurance issuer offering group or individual health insur15 ance coverage (including a grandfathered health plan (as 

16 defined in section 1251(e) of the Patient Protection and Af17 fordable Care Act)) shall provide coverage, and shall not 

18 impose any cost sharing (including deductibles, copay19 ments, and coinsurance) requirements, for the following 

20 items and services furnished during any portion of the 

21 emergency period defined in paragraph (1)(B) of section 

22 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) 

23 beginning on or after the date of the enactment of this Act: 

24 (1) Medically necessary items and services (in25 cluding in-person or telehealth visits in which such 
1106 

•HR 925 EAH 

1 items and services are furnished) that are furnished 

2 to an individual who has been diagnosed with (or 

3 after provision of the items and services is diagnosed 

4 with) COVID–19 to treat or mitigate the effects of 

5 COVID–19. 

6 (2) Medically necessary items and services (in7 cluding in-person or telehealth visits in which such 

8 items and services are furnished) that are furnished 

9 to an individual who is presumed to have COVID–19 

10 but is never diagnosed as such, if the following condi11 tions are met: 

12 (A) Such items and services are furnished 

13 to the individual to treat or mitigate the effects 

14 of COVID–19 or to mitigate the impact of 

15 COVID–19 on society. 

16 (B) Health care providers have taken ap17 propriate steps under the circumstances to make 

18 a diagnosis, or confirm whether a diagnosis was 

19 made, with respect to such individual, for 

20 COVID–19, if possible. 

21 (b) ITEMS AND SERVICES RELATED TO COVID–19.— 

22 For purposes of this section— 

23 (1) not later than one week after the date of the 

24 enactment of this section, the Secretary of Health and 

25 Human Services, Secretary of Labor, and Secretary 
1107 

•HR 925 EAH 

1 of the Treasury shall jointly issue guidance specifying 

2 applicable diagnoses and medically necessary items 

3 and services related to COVID–19; and 

4 (2) such items and services shall include all 

5 items or services that are relevant to the treatment or 

6 mitigation of COVID–19, regardless of whether such 

7 items or services are ordinarily covered under the 

8 terms of a group health plan or group or individual 

9 health insurance coverage offered by a health insur10 ance issuer. 

11 (c) ENFORCEMENT.— 

12 (1) APPLICATION WITH RESPECT TO PHSA, 

13 ERISA, AND IRC.—The provisions of this section shall 

14 be applied by the Secretary of Health and Human 

15 Services, Secretary of Labor, and Secretary of the 

16 Treasury to group health plans and health insurance 

17 issuers offering group or individual health insurance 

18 coverage as if included in the provisions of part A of 

19 title XXVII of the Public Health Service Act, part 7 

20 of the Employee Retirement Income Security Act of 

21 1974, and subchapter B of chapter 100 of the Internal 

22 Revenue Code of 1986, as applicable. 

23 (2) PRIVATE RIGHT OF ACTION.—An individual 

24 with respect to whom an action is taken by a group 

25 health plan or health insurance issuer offering group 
1108 

•HR 925 EAH 

1 or individual health insurance coverage in violation 

2 of subsection (a) may commence a civil action against 

3 the plan or issuer for appropriate relief. The previous 

4 sentence shall not be construed as limiting any en5 forcement mechanism otherwise applicable pursuant 

6 to paragraph (1). 

7 (d) IMPLEMENTATION.—The Secretary of Health and 

8 Human Services, Secretary of Labor, and Secretary of the 

9 Treasury may implement the provisions of this section 

10 through sub-regulatory guidance, program instruction or 

11 otherwise. 

12 (e) TERMS.—The terms ‘‘group health plan’’; ‘‘health 

13 insurance issuer’’; ‘‘group health insurance coverage’’, and 

14 ‘‘individual health insurance coverage’’ have the meanings 

15 given such terms in section 2791 of the Public Health Serv16 ice Act (42 U.S.C. 300gg–91), section 733 of the Employee 

17 Retirement Income Security Act of 1974 (29 U.S.C. 1191b), 

18 and section 9832 of the Internal Revenue Code of 1986, as 

19 applicable. 

20 SEC. 304. REQUIRING PRESCRIPTION DRUG REFILL NOTIFI21 CATIONS DURING EMERGENCIES. 

22 (a) ERISA.— 

23 (1) IN GENERAL.—Subpart B of part 7 of sub24 title B of title I of the Employee Retirement Income 

25 Security Act of 1974 (29 U.S.C. 1185 et seq.) is 
1109 

•HR 925 EAH 

1 amended by adding at the end the following new sec2 tion: 

3 ‘‘SEC. 716. PROVISION OF PRESCRIPTION DRUG REFILL NO4 TIFICATIONS DURING EMERGENCIES. 

5 ‘‘(a) IN GENERAL.—A group health plan, and a health 

6 insurance issuer offering health insurance coverage in con7 nection with a group health plan, that provides benefits for 

8 prescription drugs under such plan or such coverage shall 

9 provide to each participant or beneficiary under such plan 

10 or such coverage who resides in an emergency area during 

11 an emergency period— 

12 ‘‘(1) not later than 5 business days after the date 

13 of the beginning of such period with respect to such 

14 area (or, the case of the emergency period described 

15 in section 304(d)(2) of the Investing in America’s 

16 Health Care During the COVID–19 Pandemic Act, 

17 not later than 5 business days after the date of the 

18 enactment of this section), a notification (written in 

19 a manner that is clear and understandable to the av20 erage participant or beneficiary)— 

21 ‘‘(A) of whether such plan or coverage will 

22 waive, during such period with respect to such a 

23 participant or beneficiary, any time restrictions 

24 under such plan or coverage on any authorized 

25 refills for such drugs to enable such refills in ad-
1110 

•HR 925 EAH 

1 vance of when such refills would otherwise have 

2 been permitted under such plan or coverage; and 

3 ‘‘(B) in the case that such plan or coverage 

4 will waive such restrictions during such period 

5 with respect to such a participant or beneficiary, 

6 that contains information on how such a partici7 pant or beneficiary may obtain such a refill; and 

8 ‘‘(2) in the case such plan or coverage elects to 

9 so waive such restrictions during such period with re10 spect to such a participant or beneficiary after the 

11 notification described in paragraph (1) has been pro12 vided with respect to such period, not later than 5 

13 business days after such election, a notification of 

14 such election that contains the information described 

15 in subparagraph (B) of such paragraph. 

16 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 

17 purposes of this section, an ‘emergency area’ is a geo18 graphical area in which, and an ‘emergency period’ is the 

19 period during which, there exists— 

20 ‘‘(1) an emergency or disaster declared by the 

21 President pursuant to the National Emergencies Act 

22 or the Robert T. Stafford Disaster Relief and Emer23 gency Assistance Act; and 
1111 

•HR 925 EAH 

1 ‘‘(2) a public health emergency declared by the 

2 Secretary pursuant to section 319 of the Public 

3 Health Service Act.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents of the Employee Retirement Income Security 

6 Act of 1974 is amended by inserting after the item re7 lating to section 714 the following: 

‘‘Sec. 715. Additional market reforms. 

‘‘Sec. 716. Provision of prescription drug refill notifications during emergencies.’’. 

8 (b) PHSA.—Subpart II of part A of title XXVII of 

9 the Public Health Service Act (42 U.S.C. 300gg–11 et seq.) 

10 is amended by adding at the end the following new section: 

11 ‘‘SEC. 2730. PROVISION OF PRESCRIPTION DRUG REFILL 

12 NOTIFICATIONS DURING EMERGENCIES. 

13 ‘‘(a) IN GENERAL.—A group health plan, and a health 

14 insurance issuer offering group or individual health insur15 ance coverage, that provides benefits for prescription drugs 

16 under such plan or such coverage shall provide to each par17 ticipant, beneficiary, or enrollee enrolled under such plan 

18 or such coverage who resides in an emergency area during 

19 an emergency period— 

20 ‘‘(1) not later than 5 business days after the date 

21 of the beginning of such period with respect to such 

22 area (or, the case of the emergency period described 

23 in section 304(d)(2) of the Investing in America’s 

24 Health Care During the COVID–19 Pandemic Act, 
1112 

•HR 925 EAH 

1 not later than 5 business days after the date of the 

2 enactment of this section), a notification (written in 

3 a manner that is clear and understandable to the av4 erage participant, beneficiary, or enrollee)— 

5 ‘‘(A) of whether such plan or coverage will 

6 waive, during such period with respect to such a 

7 participant, beneficiary, or enrollee, any time re8 strictions under such plan or coverage on any 

9 authorized refills for such drugs to enable such 

10 refills in advance of when such refills would oth11 erwise have been permitted under such plan or 

12 coverage; and 

13 ‘‘(B) in the case that such plan or coverage 

14 will waive such restrictions during such period 

15 with respect to such a participant, beneficiary, 

16 or enrollee, that contains information on how 

17 such a participant, beneficiary, or enrollee may 

18 obtain such a refill; and 

19 ‘‘(2) in the case such plan or coverage elects to 

20 so waive such restrictions during such period with re21 spect to such a participant, beneficiary, or enrollee 

22 after the notification described in paragraph (1) has 

23 been provided with respect to such period, not later 

24 than 5 business days after such election, a notifica-
1113 

•HR 925 EAH 

1 tion of such election that contains the information de2 scribed in subparagraph (B) of such paragraph. 

3 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 

4 purposes of this section, an ‘emergency area’ is a geo5 graphical area in which, and an ‘emergency period’ is the 

6 period during which, there exists— 

7 ‘‘(1) an emergency or disaster declared by the 

8 President pursuant to the National Emergencies Act 

9 or the Robert T. Stafford Disaster Relief and Emer10 gency Assistance Act; and 

11 ‘‘(2) a public health emergency declared by the 

12 Secretary pursuant to section 319.’’. 

13 (c) IRC.— 

14 (1) IN GENERAL.—Subchapter B of chapter 100 

15 of the Internal Revenue Code of 1986 is amended by 

16 adding at the end the following new section: 

17 ‘‘SEC. 9816. PROVISION OF PRESCRIPTION DRUG REFILL 

18 NOTIFICATIONS DURING EMERGENCIES. 

19 ‘‘(a) IN GENERAL.—A group health plan that provides 

20 benefits for prescription drugs under such plan shall pro21 vide to each participant or beneficiary enrolled under such 

22 plan who resides in an emergency area during an emer23 gency period, not later than 5 business days after the date 

24 of the beginning of such period with respect to such area 

25 (or, the case of the emergency period described in section 
1114 

•HR 925 EAH 

1 304(d)(2) of the Investing in America’s Health Care During 

2 the COVID–19 Pandemic Act, not later than 5 business 

3 days after the date of the enactment of this section)— 

4 ‘‘(1) a notification (written in a manner that is 

5 clear and understandable to the average participant 

6 or beneficiary)— 

7 ‘‘(A) of whether such plan will waive, dur8 ing such period with respect to such a partici9 pant or beneficiary, any time restrictions under 

10 such plan on any authorized refills for such 

11 drugs to enable such refills in advance of when 

12 such refills would otherwise have been permitted 

13 under such plan; and 

14 ‘‘(B) in the case that such plan will waive 

15 such restrictions during such period with respect 

16 to such a participant or beneficiary, that con17 tains information on how such a participant or 

18 beneficiary may obtain such a refill; and 

19 ‘‘(2) in the case such plan elects to so waive such 

20 restrictions during such period with respect to such a 

21 participant or beneficiary after the notification de22 scribed in paragraph (1) has been provided with re23 spect to such period, not later than 5 business days 

24 after such election, a notification of such election that 
1115 

•HR 925 EAH 

1 contains the information described in subparagraph 

2 (B) of such paragraph. 

3 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 

4 purposes of this section, an ‘emergency area’ is a geo5 graphical area in which, and an ‘emergency period’ is the 

6 period during which, there exists— 

7 ‘‘(1) an emergency or disaster declared by the 

8 President pursuant to the National Emergencies Act 

9 or the Robert T. Stafford Disaster Relief and Emer10 gency Assistance Act; and 

11 ‘‘(2) a public health emergency declared by the 

12 Secretary pursuant to section 319 of the Public 

13 Health Service Act.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions for subchapter B of chapter 100 of the Internal 

16 Revenue Code of 1986 is amended by adding at the 

17 end the following new item: 

‘‘Sec. 9816. Provision of prescription drug refill notifications during emergencies.’’. 

18 (d) EFFECTIVE DATE.—The amendments made by this 

19 section shall apply with respect to— 

20 (1) emergency periods beginning on or after the 

21 date of the enactment of this Act; and 

22 (2) the emergency period relating to the public 

23 health emergency declared by the Secretary of Health 

24 and Human Services pursuant to section 319 of the 
1116 

•HR 925 EAH 

1 Public Health Service Act on January 31, 2020, enti2 tled ‘‘Determination that a Public Health Emergency 

3 Exists Nationwide as the Result of the 2019 Novel 

4 Coronavirus’’. 

5 SEC. 305. IMPROVEMENT OF CERTAIN NOTIFICATIONS PRO6 VIDED TO QUALIFIED BENEFICIARIES BY 

7 GROUP HEALTH PLANS IN THE CASE OF 

8 QUALIFYING EVENTS. 

9 (a) EMPLOYEE RETIREMENT INCOME SECURITY ACT

10 OF 1974.— 

11 (1) IN GENERAL.—Section 606 of the Employee 

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

13 1166) is amended— 

14 (A) in subsection (a)(4), in the matter fol15 lowing subparagraph (B), by striking ‘‘under 

16 this subsection’’ and inserting ‘‘under this part 

17 in accordance with the notification requirements 

18 under subsection (c)’’; and 

19 (B) in subsection (c)— 

20 (i) by striking ‘‘For purposes of sub21 section (a)(4), any notification’’ and insert22 ing ‘‘For purposes of subsection (a)(4)— 

23 ‘‘(1) any notification’’; 

24 (ii) by striking ‘‘, whichever is appli25 cable, and any such notification’’ and in-
1117 

•HR 925 EAH 

1 serting ‘‘of subsection (a), whichever is ap2 plicable; 

3 ‘‘(2) any such notification’’; and 

4 (iii) by striking ‘‘such notification is 

5 made’’ and inserting ‘‘such notification is 

6 made; and 

7 ‘‘(3) any such notification shall, with respect to 

8 each qualified beneficiary with respect to whom such 

9 notification is made, include information regarding 

10 any Exchange established under title I of the Patient 

11 Protection and Affordable Care Act through which 

12 such a qualified beneficiary may be eligible to enroll 

13 in a qualified health plan (as defined in section 1301 

14 of the Patient Protection and Affordable Care Act), 

15 including— 

16 ‘‘(A) the publicly accessible Internet website 

17 address for such Exchange; 

18 ‘‘(B) the publicly accessible Internet website 

19 address for the Find Local Help directory main20 tained by the Department of Health and Human 

21 Services on the healthcare.gov Internet website 

22 (or a successor website); 

23 ‘‘(C) a clear explanation that— 

24 ‘‘(i) an individual who is eligible for 

25 continuation coverage may also be eligible 
1118 

•HR 925 EAH 

1 to enroll, with financial assistance, in a 

2 qualified health plan offered through such 

3 Exchange, but, in the case that such indi4 vidual elects to enroll in such continuation 

5 coverage and subsequently elects to termi6 nate such continuation coverage before the 

7 period of such continuation coverage ex8 pires, such individual will not be eligible to 

9 enroll in a qualified health plan offered 

10 through such Exchange during a special en11 rollment period; and 

12 ‘‘(ii) an individual who elects to enroll 

13 in continuation coverage will remain eligi14 ble to enroll in a qualified health plan of15 fered through such Exchange during an 

16 open enrollment period and may be eligible 

17 for financial assistance with respect to en18 rolling in such a qualified health plan; 

19 ‘‘(D) information on consumer protections 

20 with respect to enrolling in a qualified health 

21 plan offered through such Exchange, including 

22 the requirement for such a qualified health plan 

23 to provide coverage for essential health benefits 

24 (as defined in section 1302(b) of the Patient Pro25 tection and Affordable Care Act) and the require-
1119 

•HR 925 EAH 

1 ments applicable to such a qualified health plan 

2 under part A of title XXVII of the Public Health 

3 Service Act; and 

4 ‘‘(E) information on the availability of fi5 nancial assistance with respect to enrolling in a 

6 qualified health plan, including the maximum 

7 income limit for eligibility for a premium tax 

8 credit under section 36B of the Internal Revenue 

9 Code of 1986.’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) shall apply with respect to quali12 fying events occurring on or after the date that is 14 

13 days after the date of the enactment of this Act. 

14 (b) PUBLIC HEALTH SERVICE ACT.— 

15 (1) IN GENERAL.—Section 2206 of the Public 

16 Health Service Act (42 U.S.C. 300bb–6) is amend17 ed— 

18 (A) by striking ‘‘In accordance’’ and insert19 ing the following: 

20 ‘‘(a) IN GENERAL.—In accordance’’; 

21 (B) by striking ‘‘of such beneficiary’s rights 

22 under this subsection’’ and inserting ‘‘of such 

23 beneficiary’s rights under this title in accordance 

24 with the notification requirements under sub25 section (b)’’; and 
1120 

•HR 925 EAH 

1 (C) by striking ‘‘For purposes of paragraph 

2 (4),’’ and all that follows through ‘‘such notifica3 tion is made.’’ and inserting the following: 

4 ‘‘(b) RULES RELATING TO NOTIFICATION OF QUALI5 FIED BENEFICIARIES BY PLAN ADMINISTRATOR.—For pur6 poses of subsection (a)(4)— 

7 ‘‘(1) any notification shall be made within 14 

8 days of the date on which the plan administrator is 

9 notified under paragraph (2) or (3) of subsection (a), 

10 whichever is applicable; 

11 ‘‘(2) any such notification to an individual who 

12 is a qualified beneficiary as the spouse of the covered 

13 employee shall be treated as notification to all other 

14 qualified beneficiaries residing with such spouse at 

15 the time such notification is made; and 

16 ‘‘(3) any such notification shall, with respect to 

17 each qualified beneficiary with respect to whom such 

18 notification is made, include information regarding 

19 any Exchange established under title I of the Patient 

20 Protection and Affordable Care Act through which 

21 such a qualified beneficiary may be eligible to enroll 

22 in a qualified health plan (as defined in section 1301 

23 of the Patient Protection and Affordable Care Act), 

24 including— 
1121 

•HR 925 EAH 

1 ‘‘(A) the publicly accessible Internet website 

2 address for such Exchange; 

3 ‘‘(B) the publicly accessible Internet website 

4 address for the Find Local Help directory main5 tained by the Department of Health and Human 

6 Services on the healthcare.gov Internet website 

7 (or a successor website); 

8 ‘‘(C) a clear explanation that— 

9 ‘‘(i) an individual who is eligible for 

10 continuation coverage may also be eligible 

11 to enroll, with financial assistance, in a 

12 qualified health plan offered through such 

13 Exchange, but, in the case that such indi14 vidual elects to enroll in such continuation 

15 coverage and subsequently elects to termi16 nate such continuation coverage before the 

17 period of such continuation coverage ex18 pires, such individual will not be eligible to 

19 enroll in a qualified health plan offered 

20 through such Exchange during a special en21 rollment period; and 

22 ‘‘(ii) an individual who elects to enroll 

23 in continuation coverage will remain eligi24 ble to enroll in a qualified health plan of25 fered through such Exchange during an 
1122 

•HR 925 EAH 

1 open enrollment period and may be eligible 

2 for financial assistance with respect to en3 rolling in such a qualified health plan; 

4 ‘‘(D) information on consumer protections 

5 with respect to enrolling in a qualified health 

6 plan offered through such Exchange, including 

7 the requirement for such a qualified health plan 

8 to provide coverage for essential health benefits 

9 (as defined in section 1302(b) of the Patient Pro10 tection and Affordable Care Act) and the require11 ments applicable to such a qualified health plan 

12 under part A of title XXVII; and 

13 ‘‘(E) information on the availability of fi14 nancial assistance with respect to enrolling in a 

15 qualified health plan, including the maximum 

16 income limit for eligibility for a premium tax 

17 credit under section 36B of the Internal Revenue 

18 Code of 1986.’’. 

19 (2) EFFECTIVE DATE.—The amendments made 

20 by paragraph (1) shall apply with respect to quali21 fying events occurring on or after the date that is 14 

22 days after the date of the enactment of this Act. 

23 (c) INTERNAL REVENUE CODE OF 1986.— 

24 (1) IN GENERAL.—Section 4980B(f)(6) of the In25 ternal Revenue Code of 1986 is amended— 
1123 

•HR 925 EAH 

1 (A) in subparagraph (D)— 

2 (i) in clause (ii), by striking ‘‘under 

3 subparagraph (C)’’ and inserting ‘‘under 

4 clause (iii)’’; and 

5 (ii) by redesignating clauses (i) and 

6 (ii) as subclauses (I) and (II), respectively, 

7 and moving the margin of each such sub8 clause, as so redesignated, 2 ems to the 

9 right; 

10 (B) by redesignating subparagraphs (A) 

11 through (D) as clauses (i) through (iv), respec12 tively, and moving the margin of each such 

13 clause, as so redesignated, 2 ems to the right; 

14 (C) by striking ‘‘In accordance’’ and insert15 ing the following: 

16 ‘‘(A) IN GENERAL.—In accordance’’; 

17 (D) by inserting after ‘‘of such beneficiary’s 

18 rights under this subsection’’ the following: ‘‘in 

19 accordance with the notification requirements 

20 under subparagraph (C)’’; and 

21 (E) by striking ‘‘The requirements of sub22 paragraph (B)’’ and all that follows through 

23 ‘‘such notification is made.’’ and inserting the 

24 following: 
1124 

•HR 925 EAH 

1 ‘‘(B) ALTERNATIVE MEANS OF COMPLIANCE

2 WITH REQUIREMENT FOR NOTIFICATION OF MUL3 TIEMPLOYER PLANS BY EMPLOYERS.—The re4 quirements of subparagraph (A)(ii) shall be con5 sidered satisfied in the case of a multiemployer 

6 plan in connection with a qualifying event de7 scribed in paragraph (3)(B) if the plan provides 

8 that the determination of the occurrence of such 

9 qualifying event will be made by the plan ad10 ministrator. 

11 ‘‘(C) RULES RELATING TO NOTIFICATION OF

12 QUALIFIED BENEFICIARIES BY PLAN ADMINIS13 TRATOR.—For purposes of subparagraph 

14 (A)(iv)— 

15 ‘‘(i) any notification shall be made 

16 within 14 days (or, in the case of a group 

17 health plan which is a multiemployer plan, 

18 such longer period of time as may be pro19 vided in the terms of the plan) of the date 

20 on which the plan administrator is notified 

21 under clause (ii) or (iii) of subparagraph 

22 (A), whichever is applicable; 

23 ‘‘(ii) any such notification to an indi24 vidual who is a qualified beneficiary as the 

25 spouse of the covered employee shall be 
1125 

•HR 925 EAH 

1 treated as notification to all other qualified 

2 beneficiaries residing with such spouse at 

3 the time such notification is made; and 

4 ‘‘(iii) any such notification shall, with 

5 respect to each qualified beneficiary with re6 spect to whom such notification is made, in7 clude information regarding any Exchange 

8 established under title I of the Patient Pro9 tection and Affordable Care Act through 

10 which such a qualified beneficiary may be 

11 eligible to enroll in a qualified health plan 

12 (as defined in section 1301 of the Patient 

13 Protection and Affordable Care Act), includ14 ing— 

15 ‘‘(I) the publicly accessible Inter16 net website address for such Exchange; 

17 ‘‘(II) the publicly accessible Inter18 net website address for the Find Local 

19 Help directory maintained by the De20 partment of Health and Human Serv21 ices on the healthcare.gov Internet 

22 website (or a successor website); 

23 ‘‘(III) a clear explanation that— 

24 ‘‘(aa) an individual who is 

25 eligible for continuation coverage 
1126 

•HR 925 EAH 

1 may also be eligible to enroll, with 

2 financial assistance, in a quali3 fied health plan offered through 

4 such Exchange, but, in the case 

5 that such individual elects to en6 roll in such continuation coverage 

7 and subsequently elects to termi8 nate such continuation coverage 

9 before the period of such continu10 ation coverage expires, such indi11 vidual will not be eligible to enroll 

12 in a qualified health plan offered 

13 through such Exchange during a 

14 special enrollment period; and 

15 ‘‘(bb) an individual who 

16 elects to enroll in continuation 

17 coverage will remain eligible to 

18 enroll in a qualified health plan 

19 offered through such Exchange 

20 during an open enrollment period 

21 and may be eligible for financial 

22 assistance with respect to enroll23 ing in such a qualified health 

24 plan; 
1127 

•HR 925 EAH 

1 ‘‘(IV) information on consumer 

2 protections with respect to enrolling in 

3 a qualified health plan offered through 

4 such Exchange, including the require5 ment for such a qualified health plan 

6 to provide coverage for essential health 

7 benefits (as defined in section 1302(b) 

8 of the Patient Protection and Afford9 able Care Act) and the requirements 

10 applicable to such a qualified health 

11 plan under part A of title XXVII of the 

12 Public Health Service Act; and 

13 ‘‘(V) information on the avail14 ability of financial assistance with re15 spect to enrolling in a qualified health 

16 plan, including the maximum income 

17 limit for eligibility for a premium tax 

18 credit under section 36B.’’. 

19 (2) EFFECTIVE DATE.—The amendments made 

20 by paragraph (1) shall apply with respect to quali21 fying events occurring on or after the date that is 14 

22 days after the date of the enactment of this Act. 

23 (d) MODEL NOTICES.—Not later than 14 days after 

24 the date of the enactment of this Act, the Secretary of the 
1128 

•HR 925 EAH 

1 Labor, in consultation with the Secretary of the Treasury 

2 and the Secretary of Health and Human Services, shall— 

3 (1) update the model Consolidated Omnibus 

4 Budget Reconciliation Act of 1985 (referred to in this 

5 subsection as ‘‘COBRA’’) continuation coverage gen6 eral notice and the model COBRA continuation cov7 erage election notice developed by the Secretary of 

8 Labor for purposes of facilitating compliance of group 

9 health plans with the notification requirements under 

10 section 606 of the Employee Retirement Income Secu11 rity Act of 1974 (29 U.S.C. 1166) to include the in12 formation described in paragraph (3) of subsection (c) 

13 of such section 606, as added by subsection (a)(1); 

14 (2) provide an opportunity for consumer testing 

15 of each such notice, as so updated, to ensure that each 

16 such notice is clear and understandable to the average 

17 participant or beneficiary of a group health plan; 

18 and 

19 (3) rename the model COBRA continuation cov20 erage general notice and the model COBRA continu21 ation coverage election notice as the ‘‘model COBRA 

22 continuation coverage and Affordable Care Act cov23 erage general notice’’ and the ‘‘model COBRA con24 tinuation coverage and Affordable Care Act coverage 

25 election notice’’, respectively. 
1129 

•HR 925 EAH 

1 SEC. 306. SOONER COVERAGE OF TESTING FOR COVID–19. 

2 Section 6001(a) of division F of the Families First 

3 Coronavirus Response Act (42 U.S.C. 1320b–5 note) is 

4 amended by striking ‘‘beginning on or after’’ and inserting 

5 ‘‘beginning before, on, or after’’. 

6 SEC. 307. CLARIFYING SCOPE OF COVERAGE REQUIREMENT 

7 FOR ITEMS AND SERVICES RELATING TO 

8 COVID–19. 

9 Section 6001 of the Families First Coronavirus Re10 sponse Act (Public Law 116–127) is amended— 

11 (1) in subsection (b), by striking ‘‘subsection (a)’’ 

12 and inserting ‘‘subsections (a) and (e)’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(e) SCOPE OF COVERAGE REQUIREMENT.—A group 

16 health plan and a health insurance issuer offering group 

17 or individual health insurance coverage (including a grand18 fathered health plan (as defined in section 1251(e) of the 

19 Patient Protection and Affordable Care Act)) shall provide 

20 coverage, without cost sharing and without prior authoriza21 tion or other medical management requirements, in accord22 ance with subsection (a) for tests, items, and services de23 scribed in such subsection and furnished to an individual 

24 during the emergency period defined in paragraph (1)(B) 

25 of section 1135(g) of the Social Security Act (42 U.S.C. 

26 1320b-5(g)), regardless of— 
1130 

•HR 925 EAH 

1 ‘‘(1) why such individual sought such tests, 

2 items, and services; 

3 ‘‘(2) the nature of the clinical assessment that 

4 was associated with such tests, items, and services; 

5 ‘‘(3) whether such individual was showing symp6 toms prior to being furnished such tests, items, and 

7 services; 

8 ‘‘(4) in the case of such tests, whether or not such 

9 tests were ordered by a provider; 

10 ‘‘(5) the frequency with which such individual is 

11 furnished such tests, items, and services; and 

12 ‘‘(6) any other review of the encounters or events 

13 that preceded or followed the furnishing of such tests, 

14 items, and services.’’. 

15 SEC. 308. GUIDANCE ON BILLING FOR PROVIDER VISITS AS16 SOCIATED WITH COVID–19 TESTING. 

17 The Secretary of Health and Human Services, the Sec18 retary of Labor, and the Secretary of the Treasury shall 

19 jointly issue guidance not later than 30 days after the date 

20 of enactment of this Act for purposes of clarifying— 

21 (1) the process for submitting claims for tests, 

22 items, and services described in section 6001(a) of the 

23 Families First Coronavirus Response Act (Public 

24 Law 116–127) to ensure that individuals enrolled in 

25 individual or group health insurance coverage or 
1131 

•HR 925 EAH 

1 group health plans (including grandfathered health 

2 plans (as defined in section 1251(e) of the Patient 

3 Protection and Affordable Care Act)) to whom such 

4 tests, items, and services are furnished are not subject 

5 to cost-sharing (including deductibles, copayments, 

6 and coinsurance) or prior authorization or other med7 ical management requirements; and 

8 (2) that providers should not collect cost-sharing 

9 amounts from such individuals seeking such tests, 

10 items, or services. 

11 SEC. 309. IMPROVEMENTS TO TRANSPARENCY OF THE PRIC12 ING OF DIAGNOSTIC TESTING FOR COVID–19. 

13 (a) IN GENERAL.—Section 3202 of the CARES Act 

14 (Public Law 116–136) is amended— 

15 (1) in subsection (b)— 

16 (A) in the heading, by inserting ‘‘AND RE17 LATED ITEMS AND SERVICES’’ after ‘‘DIAG18 NOSTIC TESTING FOR COVID–19’’; 

19 (B) in paragraph (1)— 

20 (i) by striking ‘‘a diagnostic test for 

21 COVID–19’’ and inserting ‘‘a test, item, or 

22 service described in section 6001(a) of divi23 sion F of the Families First Coronavirus 

24 Response Act’’; and 
1132 

•HR 925 EAH 

1 (ii) by striking ‘‘such test’’ and insert2 ing ‘‘such test, item, or service’’; and 

3 (C) in paragraph (2), by striking ‘‘a diag4 nostic test for COVID–19’’ and inserting ‘‘a test, 

5 item, or service described in section 6001(a) of 

6 division F of the Families First Coronavirus Re7 sponse Act’’; and 

8 (2) by adding at the end the following new sub9 sections: 

10 ‘‘(c) IMPROVEMENTS TO TRANSPARENCY POLICY.— 

11 ‘‘(1) IN GENERAL.—Not later than 30 days after 

12 the date of the enactment of this subsection, the Sec13 retary of Health and Human Services shall conduct 

14 a survey of providers of the items and services de15 scribed in section 6001(a) of division F of the Fami16 lies First Coronavirus Response Act (Public Law 

17 116– 127) regarding the cash prices for such items 

18 and services listed by the providers on a public inter19 net website of such provider. 

20 ‘‘(2) REPRESENTATIVE SAMPLE.—In carrying 

21 out paragraph (1), the Secretary shall survey a sam22 ple of providers that is representative of the diversity 

23 of sizes, geographic locations, and care settings (such 

24 as hospitals, laboratories, and independent free-
1133 

•HR 925 EAH 

1 standing emergency department) in which diagnostic 

2 testing for COVID–19 is performed. 

3 ‘‘(d) PUBLIC REPORT.—Not later than 60 days after 

4 the date of the enactment of this subsection, the Secretary 

5 of Health and Human Services shall publish on the Internet 

6 website of the Department of Health and Human Services 

7 a report on cash prices for items and services published 

8 under subsection (b)(1) during the period beginning on the 

9 date of the enactment of this Act and ending on the date 

10 of the enactment of this subsection, which shall include— 

11 ‘‘(1) the percentage of providers that comply 

12 with the publication requirement under such sub13 section; 

14 ‘‘(2) the average cash price for each item and 

15 service described in section 6001(a) of division F of 

16 the Families First Coronavirus Response Act that is 

17 published under such subsection; 

18 ‘‘(3) with respect to each such item and service, 

19 a comparison of such average cash price to the reim20 bursement rate under the Medicare program under 

21 title XVIII of the Social Security Act (42 U.S.C. 1395 

22 et seq.); and 

23 ‘‘(4) any cash prices published under such sub24 section that substantially exceed the average cash 
1134 

•HR 925 EAH 

1 price for each such item or service and the name of 

2 each provider that charges such prices.’’. 

3 SEC. 310. GRANTS FOR EXCHANGE OUTREACH, EDUCATION, 

4 AND ENROLLMENT ASSISTANCE. 

5 (a) OUTREACH AND EDUCATION GRANTS TO STATES

6 AND NAVIGATOR ENROLLMENT GRANTS TO EXCHANGES TO

7 ASSIST ELIGIBLE INDIVIDUALS.— 

8 (1) OUTREACH AND EDUCATION GRANTS TO

9 STATES.— 

10 (A) IN GENERAL.—The Secretary of Health 

11 and Human Services shall carry out a program 

12 that awards grants to States that provide out13 reach and educational activities for purposes of 

14 informing individuals of the availability of cov15 erage under qualified health plans offered 

16 through an Exchange and financial assistance 

17 for coverage under such plans (including the in18 forming of eligible individuals of the availability 

19 of coverage under qualified health plans offered 

20 through an Exchange during the application 

21 process for unemployment compensation under 

22 State or Federal law). 

23 (B) CONSIDERATION OF CERTAIN NEEDS OF

24 POPULATION OF EXCHANGE.—The outreach and 

25 educational activities described in subparagraph 
1135 

•HR 925 EAH 

1 (A) shall be provided in a manner that is cul2 turally and linguistically appropriate to the 

3 needs of the populations being served by the Ex4 change (including hard-to-reach populations, 

5 such as racial and sexual minorities, limited 

6 English proficient populations, and young 

7 adults). 

8 (C) APPLICATIONS.—To be eligible to re9 ceive a grant under this paragraph, a State shall 

10 submit to the Secretary an application at such 

11 time, in such manner, and containing such in12 formation as the Secretary may require. 

13 (D) LIMITATION ON USE OF FUNDS.—No 

14 funds appropriated under paragraph (4)(A) 

15 shall be used for expenditures for promoting non16 ACA compliant health insurance coverage. 

17 (E) GRANT DURATION AND AMOUNT.— 

18 (i) DURATION.—Each grant under this 

19 paragraph shall be for a 1-year period that 

20 begins on the date of the enactment of this 

21 Act (which may be renewed for a 1-year pe22 riod by the Secretary of Health and Human 

23 Services). 

24 (ii) AMOUNT.— 
1136 

•HR 925 EAH 

1 (I) IN GENERAL.—The Secretary 

2 of Health and Human Services shall 

3 determine the amount of each grant 

4 under this paragraph. 

5 (II) MINIMUM.—Each grant 

6 under this paragraph shall be for an 

7 amount that is at least $500,000 for 

8 each 1-year period, and if applicable, 

9 at least $500,000 for any 1-year period 

10 of renewal. 

11 (2) NAVIGATOR ENROLLMENT GRANTS THROUGH

12 EXCHANGES.— 

13 (A) IN GENERAL.—The Secretary of Health 

14 and Human Services shall award grants to Ex15 changes described in subparagraph (D) for pur16 poses of facilitating the enrollment of individuals 

17 in qualified health plans offered through such 

18 Exchanges. 

19 (B) USE OF FUNDS.—Funds made available 

20 under a grant made under subparagraph (A) 

21 may only be used by such Exchanges to carry 

22 out the navigator program described in sub23 section (i)(1) of such section 1311. 

24 (C) APPLICATIONS.—To be eligible to re25 ceive a grant under this paragraph, for purposes 
1137 

•HR 925 EAH 

1 of carrying out subparagraph (A), an Exchange 

2 described in subparagraph (D) shall submit to 

3 the Secretary an application at such time, in 

4 such manner, and containing such information 

5 as the Secretary may require. 

6 (D) EXCHANGE DESCRIBED.—For purposes 

7 of this paragraph, an Exchange described in this 

8 subparagraph is an Exchange that a State estab9 lishes and operates pursuant to section 

10 1311(b)(1) of the Patient Protection and Afford11 able Care Act (42 U.S.C. 18031(b)(1)). 

12 (3) APPROPRIATIONS.—There are appropriated 

13 for each of fiscal years 2021 and 2022, to remain 

14 available through fiscal year 2023— 

15 (A) $100,000,000 to carry out paragraph 

16 (1)(A); and 

17 (B) $100,000,000— 

18 (i) to carry out paragraph (2)(A); and 

19 (ii) to carry out the navigator program 

20 described in section 1311(i) of the Patient 

21 Protection and Affordable Care Act (42 

22 U.S.C. 18031(i)) for Exchanges operated by 

23 the Secretary pursuant to section 1321(c)(1) 

24 of such Act (42 U.S.C. 18041(c)(1))). 

25 (4) DEFINITIONS.—In this subsection: 
1138 

•HR 925 EAH 

1 (A) ELIGIBLE INDIVIDUALS.—The term ‘‘el2 igible individual’’ means, with respect to an Ex3 change, an individual who is otherwise eligible 

4 to enroll through such Exchange. 

5 (B) EXCHANGE.—The term ‘‘Exchange’’ 

6 means an American Health Benefit Exchange es7 tablished under section 1311 of the Patient Pro8 tection and Affordable Care Act (42 U.S.C. 

9 18031). 

10 (C) NON-ACA COMPLIANT HEALTH INSUR11 ANCE COVERAGE.— 

12 (i) IN GENERAL.—The term ‘‘non-ACA 

13 compliant health insurance coverage’’ 

14 means health insurance coverage, or a 

15 group health plan, that is not a qualified 

16 health plan. 

17 (ii) INCLUSION.—Such term includes 

18 the following: 

19 (I) An association health plan. 

20 (II) Short-term limited duration 

21 insurance. 

22 (D) QUALIFIED HEALTH PLAN.—The term 

23 ‘‘qualified health plan’’ has the meaning given 

24 such term in section 1301(a)(1) of the Patient 
1139 

•HR 925 EAH 

1 Protection and Affordable Care Act (42 U.S.C. 

2 18021(a)(1)). 

3 (b) IMPLEMENTATION.—The Secretary of Health and 

4 Human Services may implement the provisions of this sec5 tion through subregulatory guidance, program instruction, 

6 or otherwise. 

7 SEC. 311. APPLICATION OF PREMIUM TAX CREDIT IN CASE 

8 OF INDIVIDUALS RECEIVING UNEMPLOY9 MENT COMPENSATION DURING THE COVID-19 

10 PUBLIC HEALTH EMERGENCY. 

11 (a) IN GENERAL.—Section 36B of the Internal Rev12 enue Code of 1986, as amended by the preceding provisions 

13 of this Act, is amended by redesignating subsection (g) as 

14 subsection (h) and by inserting after subsection (f) the fol15 lowing new subsection: 

16 ‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RECEIVE

17 UNEMPLOYMENT COMPENSATION DURING COVID-19 PUB18 LIC HEALTH EMERGENCY.— 

19 ‘‘(1) IN GENERAL.—For purposes of the credit 

20 determined under this section, in the case of a tax21 payer who has received, or has been approved to re22 ceive, unemployment compensation for any week dur23 ing the applicable period, for the taxable year in 

24 which such week begins— 
1140 

•HR 925 EAH 

1 ‘‘(A) such taxpayer shall be treated as an 

2 applicable taxpayer, and 

3 ‘‘(B) there shall not be taken into account 

4 any household income of the taxpayer in excess 

5 of 133 percent of the poverty line for a family 

6 of the size involved. 

7 ‘‘(2) APPLICABLE PERIOD.—For purposes of this 

8 section, the applicable period is the period that— 

9 ‘‘(A) begins on the date of the enactment of 

10 this subsection, and 

11 ‘‘(B) ends 60 days after the last day of the 

12 emergency period described in section 

13 1135(g)(1)(B) of the Social Security Act. 

14 ‘‘(3) REASONABLE EVIDENCE OF UNEMPLOYMENT

15 COMPENSATION.—For purposes of this subsection, a 

16 taxpayer shall not be treated as having received (or 

17 been approved to receive) unemployment compensa18 tion for any week unless such taxpayer provides docu19 mentation which demonstrates such receipt or ap20 proval. 

21 ‘‘(4) UNEMPLOYMENT COMPENSATION.—For pur22 poses of this subsection, the term ‘unemployment com23 pensation’ has the meaning given such term in section 

24 1311(c)(8)(E) of the Patient Protection and Afford25 able Care Act.’’. 
1141 

•HR 925 EAH 

1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to taxable years beginning after Decem3 ber 31, 2019. 

4 SEC. 312. INCREASING ACCESSIBILITY AND AFFORDABILITY 

5 TO QUALIFIED HEALTH PLANS FOR INDIVID6 UALS RECEIVING UNEMPLOYMENT COM7 PENSATION DURING THE COVID–19 EMER8 GENCY PERIOD. 

9 (a) ESTABLISHMENT OF SPECIAL ENROLLMENT PERI10 ODS FOR INDIVIDUALS RECEIVING UNEMPLOYMENT COM11 PENSATION.—Section 1311(c) of the Patient Protection and 

12 Affordable Care Act (42 U.S.C. 18031(c)) is amended— 

13 (1) in paragraph (6)— 

14 (A) in subparagraph (C), by striking at the 

15 end ‘‘and’’; 

16 (B) in subparagraph (D), by striking the 

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

18 (C) by adding at the end the following new 

19 subparagraph: 

20 ‘‘(E) special enrollment periods described in 

21 paragraph (8).’’; and 

22 (2) by adding at the end the following new para23 graph: 
1142 

•HR 925 EAH 

1 ‘‘(8) SPECIAL ENROLLMENT PERIODS FOR INDI2 VIDUALS RECEIVING UNEMPLOYMENT COMPENSA3 TION.— 

4 ‘‘(A) IN GENERAL.—The special enrollment 

5 period described in this paragraph— 

6 ‘‘(i) in the case of an individual who 

7 becomes eligible for unemployment com8 pensation on any date before January 1, 

9 2021, is the period beginning on the first 

10 day on or after such date that the indi11 vidual is not eligible for minimum essential 

12 coverage (as defined in section 5000A(f) of 

13 the Internal Revenue Code of 1986) and 

14 ending on the later of— 

15 ‘‘(I) December 31, 2020; and 

16 ‘‘(II) the day that is 60 days after 

17 such first day; and 

18 ‘‘(ii) in the case of an individual who 

19 becomes eligible for unemployment com20 pensation beginning on any date that is on 

21 or after January 1, 2021, is the 60-day pe22 riod beginning on the first day on or after 

23 such date that the individual is not eligible 

24 for minimum essential coverage. 
1143 

•HR 925 EAH 

1 ‘‘(B) SELF-ATTESTATION.—For purposes of 

2 this paragraph, eligibility of an individual for 

3 unemployment compensation and the date on 

4 which such eligibility begins shall be determined 

5 by the self-attestation of such individual. 

6 ‘‘(C) EXCLUSION.—For purposes of this 

7 paragraph, an individual shall not be treated as 

8 eligible for minimum essential coverage if— 

9 ‘‘(i) such individual is eligible only for 

10 coverage described in section 5000A(f)(1)(C) 

11 of the Internal Revenue Code of 1986; or 

12 ‘‘(ii) such individual would not be 

13 treated as eligible for minimum essential 

14 coverage pursuant to section 36B(c)(2)(C) of 

15 such Code. 

16 ‘‘(D) CLARIFICATION.—Nothing in subpara17 graph (A) shall be construed to prohibit an indi18 vidual described in such subparagraph from 

19 qualifying for multiple special enrollment peri20 ods under such subparagraph. 

21 ‘‘(E) UNEMPLOYMENT COMPENSATION DE22 FINED.—In this paragraph, the term ‘unemploy23 ment compensation’ means, with respect to an 

24 individual— 
1144 

•HR 925 EAH 

1 ‘‘(i) regular compensation and ex2 tended compensation (as such terms are de3 fined by section 205 of the Federal-State 

4 Extended Unemployment Compensation Act 

5 of 1970); 

6 ‘‘(ii) unemployment compensation (as 

7 defined by section 85(b) of the Internal Rev8 enue Code of 1986) provided under any pro9 gram administered by a State under an 

10 agreement with the Secretary; 

11 ‘‘(iii) pandemic unemployment assist12 ance under section 2102 of the CARES Act; 

13 ‘‘(iv) pandemic emergency unemploy14 ment compensation under section 2107 of 

15 the CARES Act; 

16 ‘‘(v) pandemic emergency unemploy17 ment extension compensation under section 

18 2107A of the CARES Act; 

19 ‘‘(vi) unemployment benefits under the 

20 Railroad Unemployment Insurance Act; 

21 and 

22 ‘‘(vii) trade adjustment assistance 

23 under title II of the Trade Act of 1974; 

24 for which such individual is eligible for any week 

25 during the period beginning on the first day of 
1145 

•HR 925 EAH 

1 the emergency period described in section 

2 1135(g)(1)(B) of the Social Security Act and 

3 ending on December 31, 2021.’’. 

4 (b) REQUIREMENT FOR FIRST DAY OF COVERAGE FOR

5 INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSATION

6 ENROLLING DURING SPECIAL ENROLLMENT PERIODS.— 

7 Section 1303 of the Patient Protection and Affordable Care 

8 Act (42 U.S.C. 18023) is amended by adding at the end 

9 the following new subsection: 

10 ‘‘(e) REQUIREMENT FOR FIRST DAY OF COVERAGE

11 FOR INDIVIDUALS RECEIVING UNEMPLOYMENT COMPENSA12 TION ENROLLING DURING SPECIAL ENROLLMENT PERI13 ODS.— 

14 ‘‘(1) IN GENERAL.—In the case of an individual 

15 described in section 1311(c)(8)(A) who enrolls in a 

16 qualified health plan through an Exchange during a 

17 month during a special enrollment period described 

18 in such section, such coverage shall be effective begin19 ning on— 

20 ‘‘(A) if such individual was enrolled in 

21 minimum essential coverage (other than the 

22 qualified health plan enrolled through such a 

23 special enrollment period) on the first day of 

24 such month, the first day of such month on 

25 which the individual is longer so enrolled; and 
1146 

•HR 925 EAH 

1 ‘‘(B) if such individual was not enrolled in 

2 minimum essential coverage (other than the 

3 qualified health plan enrolled through such a 

4 special enrollment period) on the first day of 

5 such month, the first day of such month. 

6 ‘‘(2) MINIMUM ESSENTIAL COVERAGE DE7 FINED.—In this subsection, the term ‘minimum essen8 tial coverage’ has the meaning given such term in sec9 tion 5000A(f) of the Internal Revenue Code of 1986.’’. 

10 (c) MODEL NOTICE AND PUBLICATION OF INFORMA11 TION RELATING TO SPECIAL ENROLLMENT PERIODS AND

12 CREDITS FOR INDIVIDUALS RECEIVING UNEMPLOYMENT

13 COMPENSATION.— 

14 (1) MODEL NOTICE.—The Secretary of Health 

15 and Human Services shall make available to States 

16 a model notice (which may be sent by mail, email, or 

17 electronic means upon the receipt of unemployment 

18 compensation (as defined in subparagraph (D) of sec19 tion 1311(c)(8) of the Patient Protection and Afford20 able Care Act, as added by subsection (a)) that in21 cludes information with respect to the eligibility of 

22 individuals described in subparagraph (A) of such 

23 section— 

24 (A) to enroll in a qualified health plan of25 fered through an Exchange during a special en-
1147 

•HR 925 EAH 

1 rollment period described in section 

2 1311(c)(8)(A) of such Act; 

3 (B) for the premium tax credit under sec4 tion 36B of the Internal Revenue Code of 1986; 

5 and 

6 (C) for any increase to the premium tax 

7 credit an individual otherwise receives under sec8 tion 36B of the Internal Revenue Code of 1986 

9 by reason of subsection (g) of such section. 

10 (2) PUBLICATION OF INFORMATION .—Section 

11 1311(b) of the Patient Protection and Affordable Care 

12 Act (42 U.S.C. 18031(b)) by adding at the end the 

13 following new paragraph: 

14 ‘‘(3) PUBLICATION OF INFORMATION RELATING

15 TO A SPECIAL ENROLLMENT PERIOD AND CREDITS.— 

16 An Exchange shall, not later than 7 days after the 

17 date of the enactment of this paragraph, prominently 

18 post on the homepage of the Internet website for such 

19 Exchange information with respect to the special en20 rollment period described in subsection (c)(8)(A) and 

21 hyperlinks to information with respect to the eligi22 bility of individuals described in such subsection— 

23 ‘‘(A) to enroll in a qualified health plan of24 fered through an Exchange during a special en25 rollment period described in such subsection; 
1148 

•HR 925 EAH 

1 ‘‘(B) for the premium tax credit under sec2 tion 36B of the Internal Revenue Code of 1986; 

3 and 

4 ‘‘(C) for any increase to the premium tax 

5 credit an individual otherwise receives under sec6 tion 36B of the Internal Revenue Code of 1986 

7 by reason of subsection (g) of such section.’’. 

8 SEC. 313. TEMPORARY MODIFICATION OF LIMITATIONS ON 

9 RECONCILIATION OF TAX CREDITS FOR COV10 ERAGE UNDER A QUALIFIED HEALTH PLAN 

11 WITH ADVANCE PAYMENTS OF SUCH CREDIT. 

12 (a) IN GENERAL.—Section 36B(f)(2)(B) of the Inter13 nal Revenue Code of 1986 is amended by adding at the end 

14 the following new clause: 

15 ‘‘(iii) TEMPORARY MODIFICATION OF

16 LIMITATION ON INCREASE.—In the case of 

17 any taxable year beginning in 2020 or 

18 2021, clause (i) shall be applied— 

19 ‘‘(I) by substituting ‘600 percent’ 

20 for ‘400 percent’ the first place it ap21 pears therein, and 

22 ‘‘(II) by substituting the following 

23 table for the table contained therein: 

‘‘If the household income (expressed as a percent of 

poverty line) is: 

The applicable dollar 

amount is: 

Less than 500% .............................................................. $0 

At least 500% but less than 550% ............................... $1,600 
1149 

•HR 925 EAH 

‘‘If the household income (expressed as a percent of 

poverty line) is: 

The applicable dollar 

amount is: 

At least 550% but less than 600% ............................... $2,650 

1 The dollar amounts in the table contained 

2 under this clause shall be increased under 

3 clause (ii) for taxable years beginning cal4 endar year 2021 by substituting ‘calendar 

5 year 2020’ for ‘calendar year 2013’ in sub6 clause (II) thereof.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by this 

8 section shall apply to taxable years beginning after Decem9 ber 31, 2019. 

10 SEC. 314. REQUIREMENTS FOR COBRA NOTICES RELATING 

11 TO THE AVAILABILITY OF HEALTH INSUR12 ANCE COVERAGE AND ASSISTANCE. 

13 (a) ADDITIONAL NOTIFICATION REQUIREMENT FOR

14 COBRA NOTICES.— 

15 (1) IN GENERAL.—In the case of a notice pro16 vided under section 606(a)(4) of the Employee Retire17 ment Income Security Act of 1974 (29 U.S.C. 

18 1166(4)), section 4980B(f)(6)(D) of the Internal Rev19 enue Code of 1986, or section 2206(4) of the Public 

20 Health Service Act (42 U.S.C. 300bb–6(4)), with re21 spect to an individual who, during the period de22 scribed in paragraph (2), becomes entitled to elect 

23 COBRA continuation coverage, the requirements of 
1150 

•HR 925 EAH 

1 such provisions shall not be treated as met unless such 

2 notice includes an additional written notice advising 

3 such individual, in clear and understandable lan4 guage— 

5 (A) that such individual may be eligible 

6 for— 

7 (i) a special enrollment period de8 scribed in section 1311(c)(8)(A) of the Pa9 tient Protection and Affordable Care Act; 

10 and 

11 (ii) a premium tax credit under sec12 tion 36B of the Internal Revenue Code of 

13 1986 (including a possible increase to such 

14 credit by reason of subsection (g) of such 

15 section); and 

16 (B) of the existence and potential effects of 

17 the temporary modification of limitations on 

18 reconciliation of such credits under section 

19 36B(f)(2)(B)(iii) of such Code. 

20 (2) PERIOD DESCRIBED.—For purposes of para21 graph (1), the period described in this paragraph is 

22 the period that— 

23 (A) begins 14 days after the date of the en24 actment of this Act; and 
1151 

•HR 925 EAH 

1 (B) ends 60 days after the last day of the 

2 emergency period described in section 

3 1135(g)(1)(B) of the Social Security Act (42 

4 U.S.C. 1320b–5(g)(1)(B)). 

5 (3) FORM.—The requirement of the additional 

6 notification under this subsection may be met by 

7 amendment of existing notice forms or by inclusion of 

8 a separate document with the notice otherwise re9 quired. 

10 (4) MODEL NOTICES.—Not later than 14 days 

11 after the date of enactment of this Act, with respect 

12 to any individual described in paragraph (1), the 

13 Secretary of Labor, in consultation with the Secretary 

14 of the Treasury and the Secretary of Health and 

15 Human Services, shall prescribe models for the addi16 tional notification required under this subsection. 

17 Such models shall include an estimate of the amount 

18 of the monthly premium of a silver-level qualified 

19 health plan offered through an Exchange following the 

20 application of tax credits under section 36B of the In21 ternal Revenue Code of 1986 for the average indi22 vidual eligible for the special enrollment period de23 scribed in paragraph (1)(A)(i). 

24 (b) OUTREACH BY THE SECRETARY OF LABOR.—The 

25 Secretary of Labor, in consultation with the Secretary of 
1152 

•HR 925 EAH 

1 the Treasury and the Secretary of Health and Human Serv2 ices, shall provide outreach consisting of public education 

3 and enrollment assistance relating to premium assistance, 

4 special enrollment periods, and reconciliation modifications 

5 described in subsection (a)(1). Such outreach shall target 

6 employers, group health plan administrators, public assist7 ance programs, States, consumers, and other entities as de8 termined appropriate by such Secretaries. Information on 

9 such premium assistance, special enrollment periods, and 

10 reconciliation modifications shall also be made available on 

11 the websites of the Departments of Labor, Treasury, and 

12 Health and Human Services. 

13 (c) DEFINITIONS.—In this section: 

14 (1) COBRA CONTINUATION COVERAGE.—The 

15 term ‘‘COBRA continuation coverage’’ means con16 tinuation coverage provided pursuant to part 6 of 

17 subtitle B of title I of the Employee Retirement In18 come Security Act of 1974 (other than under section 

19 609), title XXII of the Public Health Service Act, or 

20 section 4980B of the Internal Revenue Code of 1986 

21 (other than subsection (f)(1) of such section insofar as 

22 it relates to pediatric vaccines), or under a State pro23 gram that provides comparable continuation coverage. 

24 Such term does not include coverage under a health 

25 flexible spending arrangement under a cafeteria plan 
1153 

•HR 925 EAH 

1 within the meaning of section 125 of the Internal 

2 Revenue Code of 1986. 

3 (2) EXCHANGE.—The term ‘‘Exchange’’ means 

4 an American Health Benefit Exchange established 

5 under section 1311 of the Patient Protection and Af6 fordable Care Act. 

7 (3) GROUP HEALTH PLAN.—The term ‘‘group 

8 health plan’’ has the meaning given such term in sec9 tion 607(1) of the Employee Retirement Income Secu10 rity Act of 1974. 

11 (4) QUALIFIED HEALTH PLAN.—The term 

12 ‘‘qualified health plan’’ has the meaning given such 

13 term in section 1301(a)(1) of the Patient Protection 

14 and Affordable Care Act. 

15 (5) STATE.—The term ‘‘State’’ includes the Dis16 trict of Columbia, the Commonwealth of Puerto Rico, 

17 the Virgin Islands, Guam, American Samoa, and the 

18 Commonwealth of the Northern Mariana Islands. 

19 (6) UNEMPLOYMENT COMPENSATION.—The term 

20 ‘‘unemployment compensation’’ means, with respect to 

21 an individual— 

22 (A) regular compensation and extended 

23 compensation (as such terms are defined by sec24 tion 205 of the Federal-State Extended Unem25 ployment Compensation Act of 1970); 
1154 

•HR 925 EAH 

1 (B) unemployment compensation (as de2 fined by section 85(b) of the Internal Revenue 

3 Code of 1986) provided under any program ad4 ministered by a State under an agreement with 

5 the Secretary; 

6 (C) pandemic unemployment assistance 

7 under section 2102 of the CARES Act; 

8 (D) pandemic emergency unemployment 

9 compensation under section 2107 of the CARES 

10 Act; 

11 (E) unemployment benefits under the Rail12 road Unemployment Insurance Act; and 

13 (F) trade adjustment assistance under title 

14 II of the Trade Act of 1974; 

15 for which such individual is eligible for any week 

16 during the period described in subsection (a)(2). 

17 TITLE IV—APPLICATION TO 

18 OTHER HEALTH PROGRAMS 

19 SEC. 401. PROHIBITION ON COPAYMENTS AND COST SHAR20 ING FOR TRICARE BENEFICIARIES RECEIVING 

21 COVID–19 TREATMENT. 

22 (a) IN GENERAL.—Section 6006(a) of the Families 

23 First Coronavirus Response Act (Public Law 116–127; 38 

24 U.S.C. 1074 note) is amended by striking ‘‘or visits de25 scribed in paragraph (2) of such section’’ and inserting ‘‘, 
1155 

•HR 925 EAH 

1 visits described in paragraph (2) of such section, or medical 

2 care to treat COVID–19’’. 

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall apply with respect to medical care fur5 nished on or after the date of the enactment of this Act. 

6 SEC. 402. PROHIBITION ON COPAYMENTS AND COST SHAR7 ING FOR VETERANS RECEIVING COVID–19 

8 TREATMENT FURNISHED BY DEPARTMENT OF 

9 VETERANS AFFAIRS. 

10 (a) IN GENERAL.—Section 6006(b) of the Families 

11 First Coronavirus Response Act (Public Law 116–127; 38 

12 U.S.C. 1701 note) is amended by striking ‘‘or visits de13 scribed in paragraph (2) of such section’’ and inserting ‘‘, 

14 visits described in paragraph (2) of such section, or hospital 

15 care or medical services to treat COVID–19’’. 

16 (b) EFFECTIVE DATE.—The amendment made by sub17 section (a) shall apply with respect to hospital care and 

18 medical services furnished on or after the date of the enact19 ment of this Act. 

20 SEC. 403. PROHIBITION ON COPAYMENTS AND COST SHAR21 ING FOR FEDERAL CIVILIAN EMPLOYEES RE22 CEIVING COVID–19 TREATMENT. 

23 (a) IN GENERAL.—Section 6006(c) of the Families 

24 First Coronavirus Response Act (Public Law 116–127; 5 

25 U.S.C. 8904 note) is amended by striking ‘‘or visits de-
1156 

•HR 925 EAH 

1 scribed in paragraph (2) of such section’’ and inserting ‘‘, 

2 visits described in paragraph (2) of such section, or hospital 

3 care or medical services to treat COVID–19’’. 

4 (b) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall apply with respect to hospital care and 

6 medical services furnished on or after the date of the enact7 ment of this Act. 

8 TITLE V—PUBLIC HEALTH 

9 POLICIES 

10 SEC. 501. DEFINITIONS. 

11 In this title: 

12 (1) Except as inconsistent with the provisions of 

13 this title, the term ‘‘Secretary’’ means the Secretary 

14 of Health and Human Services. 

15 (2) The term ‘‘State’’ refers to each of the 50 

16 States and the District of Columbia. 

17 (3) The term ‘‘Tribal’’, with respect to a depart18 ment of health (or health department), includes— 

19 (A) Indian Tribes that— 

20 (i) are operating one or more health 

21 facilities pursuant to an agreement under 

22 the Indian Self-Determination and Edu23 cation Assistance Act (25 U.S.C. 5301 et 

24 seq.); or 
1157 

•HR 925 EAH 

1 (ii) receive services from a facility op2 erated by the Indian Health Services; and 

3 (B) Tribal organizations and Urban Indian 

4 organizations. 

5 Subtitle A—Supply Chain 

6 Improvements 

7 SEC. 511. MEDICAL SUPPLIES RESPONSE COORDINATOR. 

8 (a) IN GENERAL.—The President shall appoint a Med9 ical Supplies Response Coordinator to coordinate the efforts 

10 of the Federal Government regarding the supply and dis11 tribution of critical medical supplies and equipment related 

12 to detecting, diagnosing, preventing, and treating COVID– 

13 19, including personal protective equipment, medical de14 vices, drugs, and vaccines. 

15 (b) QUALIFICATIONS.—To qualify to be appointed as 

16 the Medical Supplies Response Coordinator, an individual 

17 shall be a senior government official with— 

18 (1) health care training, including training re19 lated to infectious diseases or hazardous exposures; 

20 and 

21 (2) a familiarity with medical supply chain lo22 gistics. 

23 (c) ACTIVITIES.—The Medical Supplies Response Co24 ordinator shall— 
1158 

•HR 925 EAH 

1 (1) consult with State, local, territorial, and 

2 Tribal officials to ensure that health care facilities 

3 and health care workers have sufficient personal pro4 tective equipment and other medical supplies; 

5 (2) evaluate ongoing needs of States, localities, 

6 territories, Tribes, health care facilities, and health 

7 care workers to determine the need for critical med8 ical supplies and equipment; 

9 (3) serve as a point of contact for industry for 

10 procurement and distribution of critical medical sup11 plies and equipment, including personal protective 

12 equipment, medical devices, testing supplies, drugs, 

13 and vaccines; 

14 (4) procure and distribute critical medical sup15 plies and equipment, including personal protective 

16 equipment, medical devices, testing supplies, drugs, 

17 and vaccines; 

18 (5)(A) establish and maintain an up-to-date na19 tional database of hospital capacity, including beds, 

20 ventilators, and supplies, including personal protec21 tive equipment, medical devices, drugs, and vaccines; 

22 and 

23 (B) provide weekly reports to the Congress on 

24 gaps in such capacity and progress made toward clos25 ing the gaps; 
1159 

•HR 925 EAH 

1 (6) require, as necessary, industry reporting on 

2 production and distribution of personal protective 

3 equipment, medical devices, testing supplies, drugs, 

4 and vaccines and assess financial penalties as may be 

5 specified by the Medical Supplies Response Coordi6 nator for failure to comply with such requirements for 

7 reporting on production and distribution; 

8 (7) consult with the Secretary and the Adminis9 trator of the Federal Emergency Management Agency, 

10 as applicable, to ensure sufficient production levels 

11 under the Defense Production Act of 1950 (50 U.S.C. 

12 4501 et seq.); and 

13 (8) monitor the prices of critical medical sup14 plies and equipment, including personal protective 

15 equipment and medical devices, drugs, and vaccines 

16 related to detecting, diagnosing, preventing, and 

17 treating COVID–19 and report any suspected price 

18 gouging of such materials to the Federal Trade Com19 mission and appropriate law enforcement officials. 

20 SEC. 512. INFORMATION TO BE INCLUDED IN LIST OF DE21 VICES DETERMINED TO BE IN SHORTAGE. 

22 Section 506J(g)(2)(A) of the Federal Food, Drug, and 

23 Cosmetic Act, as added by section 3121 of the CARES Act 

24 (Public Law 116–136), is amended by inserting ‘‘, includ-
1160 

•HR 925 EAH 

1 ing the device identifier or national product code for such 

2 device, if applicable’’ before the period at the end. 

3 SEC. 513. EXTENDED SHELF LIFE DATES FOR ESSENTIAL 

4 DEVICES. 

5 (a) IN GENERAL.—The Federal Food, Drug, and Cos6 metic Act is amended by inserting after section 506J (21 

7 U.S.C. 356j) the following: 

8 ‘‘SEC. 506K. EXTENDED SHELF LIFE DATES FOR ESSENTIAL 

9 DEVICES. 

10 ‘‘(a) IN GENERAL.—A manufacturer of a device subject 

11 to notification requirements under section 506J (in this sec12 tion referred to as an ‘essential device’) shall— 

13 ‘‘(1) submit to the Secretary data and informa14 tion as required by subsection (b)(1); 

15 ‘‘(2) conduct and submit the results of any stud16 ies required under subsection (b)(3); and 

17 ‘‘(3) make any labeling change described in sub18 section (c) by the date specified by the Secretary pur19 suant to such subsection. 

20 ‘‘(b) NOTIFICATION.— 

21 ‘‘(1) IN GENERAL.—The Secretary may issue an 

22 order requiring the manufacturer of any essential de23 vice to submit, in such manner as the Secretary may 

24 prescribe, data and information from any stage of de25 velopment of the device (including pilot, investiga-
1161 

•HR 925 EAH 

1 tional, and final product validation) that are ade2 quate to assess the shelf life of the device to determine 

3 the longest supported expiration date. 

4 ‘‘(2) UNAVAILABLE OR INSUFFICIENT DATA AND

5 INFORMATION.—If the data and information referred 

6 to in paragraph (1) are not available or are insuffi7 cient, the Secretary may require the manufacturer of 

8 the device to— 

9 ‘‘(A) conduct studies adequate to provide the 

10 data and information; and 

11 ‘‘(B) submit to the Secretary the results, 

12 data, and information generated by such studies 

13 when available. 

14 ‘‘(c) LABELING.—The Secretary may issue an order re15 quiring the manufacturer of an essential device to make by 

16 a specified date any labeling change regarding the expira17 tion period that the Secretary determines to be appropriate 

18 based on the data and information required to be submitted 

19 under this section or any other data and information avail20 able to the Secretary. 

21 ‘‘(d) CONFIDENTIALITY.—Nothing in this section shall 

22 be construed as authorizing the Secretary to disclose any 

23 information that is a trade secret or confidential informa24 tion subject to section 552(b)(4) of title 5, United States 

25 Code, or section 1905 of title 18, United States Code.’’. 
1162 

•HR 925 EAH 

1 (b) CIVIL MONETARY PENALTY.—Section 303(f) of the 

2 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)) 

3 is amended by adding at the end the following: 

4 ‘‘(10) CIVIL MONETARY PENALTY WITH RESPECT TO

5 EXTENDED SHELF LIFE DATES FOR ESSENTIAL DE6 VICES.—If the manufacturer of a device subject to notifica7 tion requirements under section 506J violates section 506K 

8 by failing to submit data and information as required 

9 under section 506K(b)(1), failing to conduct or submit the 

10 results of studies as required under section 506K(b)(3), or 

11 failing to make a labeling change as required under section 

12 506K(c), such manufacturer shall be liable to the United 

13 States for a civil penalty in an amount not to exceed 

14 $10,000 for each such violation.’’. 

15 (c) EMERGENCY USE ELIGIBLE PRODUCTS.—Sub16 paragraph (A) of section 564A(a)(1) of the Federal Food, 

17 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3a(a)(1)) is 

18 amended to read as follows: 

19 ‘‘(A) is approved or cleared under this 

20 chapter, otherwise listed as a device pursuant to 

21 section 510(j), conditionally approved under sec22 tion 571, or licensed under section 351 of the 

23 Public Health Service Act;’’. 
1163 

•HR 925 EAH 

1 SEC. 514. AUTHORITY TO DESTROY COUNTERFEIT DEVICES. 

2 (a) IN GENERAL.—Section 801(a) of the Federal Food, 

3 Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended— 

4 (1) in the fourth sentence, by inserting ‘‘or coun5 terfeit device’’ after ‘‘counterfeit drug’’; and 

6 (2) by striking ‘‘The Secretary of the Treasury 

7 shall cause the destruction of’’ and all that follows 

8 through ‘‘liable for costs pursuant to subsection (c).’’ 

9 and inserting the following: ‘‘The Secretary of the 

10 Treasury shall cause the destruction of any such arti11 cle refused admission unless such article is exported, 

12 under regulations prescribed by the Secretary of the 

13 Treasury, within 90 days of the date of notice of such 

14 refusal or within such additional time as may be per15 mitted pursuant to such regulations, except that the 

16 Secretary of Health and Human Services may de17 stroy, without the opportunity for export, any drug or 

18 device refused admission under this section, if such 

19 drug or device is valued at an amount that is $2,500 

20 or less (or such higher amount as the Secretary of the 

21 Treasury may set by regulation pursuant to section 

22 498(a)(1) of the Tariff Act of 1930 (19 U.S.C. 

23 1498(a)(1))) and was not brought into compliance as 

24 described under subsection (b). The Secretary of 

25 Health and Human Services shall issue regulations 

26 providing for notice and an opportunity to appear 
1164 

•HR 925 EAH 

1 before the Secretary of Health and Human Services 

2 and introduce testimony, as described in the first sen3 tence of this subsection, on destruction of a drug or 

4 device under the seventh sentence of this subsection. 

5 The regulations shall provide that prior to destruc6 tion, appropriate due process is available to the 

7 owner or consignee seeking to challenge the decision to 

8 destroy the drug or device. Where the Secretary of 

9 Health and Human Services provides notice and an 

10 opportunity to appear and introduce testimony on 

11 the destruction of a drug or device, the Secretary of 

12 Health and Human Services shall store and, as ap13 plicable, dispose of the drug or device after the 

14 issuance of the notice, except that the owner and con15 signee shall remain liable for costs pursuant to sub16 section (c).’’. 

17 (b) DEFINITION.—Section 201(h) of the Federal Food, 

18 Drug, and Cosmetic Act (21 U.S.C. 321(h)) is amended— 

19 (1) by redesignating subparagraphs (1), (2), and 

20 (3) as clauses (A), (B), and (C), respectively; and 

21 (2) after making such redesignations— 

22 (A) by striking ‘‘(h) The term’’ and insert23 ing ‘‘(h)(1) The term’’; and 

24 (B) by adding at the end the following: 
1165 

•HR 925 EAH 

1 ‘‘(2) The term ‘counterfeit device’ means a device 

2 which, or the container, packaging, or labeling of which, 

3 without authorization, bears a trademark, trade name, or 

4 other identifying mark, imprint, or symbol, or any likeness 

5 thereof, or is manufactured using a design, of a device man6 ufacturer, packer, or distributor other than the person or 

7 persons who in fact manufactured, packed, or distributed 

8 such device and which thereby falsely purports or is rep9 resented to be the product of, or to have been packed or dis10 tributed by, such other device manufacturer, packer, or dis11 tributor. 

12 ‘‘(3) For purposes of subparagraph (2)— 

13 ‘‘(A) the term ‘manufactured’ refers to any of the 

14 following activities: manufacture, preparation, propa15 gation, compounding, assembly, or processing; and 

16 ‘‘(B) the term ‘manufacturer’ means a person 

17 who is engaged in any of the activities listed in clause 

18 (A).’’. 

19 SEC. 515. REPORTING REQUIREMENT FOR DRUG MANUFAC20 TURERS. 

21 (a) ESTABLISHMENTS IN A FOREIGN COUNTRY.—Sec22 tion 510(i) of the Federal Food, Drug, and Cosmetic Act 

23 (21 U.S.C. 360(i)) is amended by inserting at the end the 

24 following new paragraph: 
1166 

•HR 925 EAH 

1 ‘‘(5) The requirements of paragraphs (1) and (2) shall 

2 apply to establishments within a foreign country engaged 

3 in the manufacture, preparation, propagation, 

4 compounding, or processing of any drug, including the ac5 tive pharmaceutical ingredient, that is required to be listed 

6 pursuant to subsection (j). Such requirements shall apply 

7 regardless of whether the drug or active pharmaceutical in8 gredient undergoes further manufacture, preparation, prop9 agation, compounding, or processing at a separate estab10 lishment or establishments outside the United States prior 

11 to being imported or offered for import into the United 

12 States.’’. 

13 (b) LISTING OF DRUGS.—Section 510(j)(1) of the Fed14 eral Food, Drug, and Cosmetic Act (21 U.S.C. 360(j)(1)) 

15 is amended— 

16 (1) in subparagraph (D), by striking ‘‘and’’ at 

17 the end; 

18 (2) in subparagraph (E), by striking the period 

19 at the end and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following new sub21 paragraph: 

22 ‘‘(F) in the case of a drug contained in the ap23 plicable list, a certification that the registrant has— 
1167 

•HR 925 EAH 

1 ‘‘(i) identified every other establishment 

2 where manufacturing is performed for the drug; 

3 and 

4 ‘‘(ii) notified each known foreign establish5 ment engaged in the manufacture, preparation, 

6 propagation, compounding, or processing of the 

7 drug, including the active pharmaceutical ingre8 dient, of the inclusion of the drug in the list and 

9 the obligation to register.’’. 

10 (c) QUARTERLY REPORTING ON AMOUNT OF DRUGS

11 MANUFACTURED.—Section 510(j)(3)(A) of the Federal 

12 Food, Drug, and Cosmetic Act (as added by section 3112 

13 of the CARES Act (Public Law 116–136)) is amended by 

14 striking ‘‘annually’’ and inserting ‘‘once during the month 

15 of March of each year, once during the month of June of 

16 each year, once during the month of September of each year, 

17 and once during the month of December of each year’’. 

18 SEC. 516. RECOMMENDATIONS TO ENCOURAGE DOMESTIC 

19 MANUFACTURING OF CRITICAL DRUGS. 

20 (a) IN GENERAL.—Not later than 14 days after the 

21 date of enactment of this Act, the Secretary shall enter into 

22 an agreement with the National Academies of Sciences, En23 gineering, and Medicine (referred to in this section as the 

24 ‘‘National Academies’’) under which, not later than 90 days 
1168 

•HR 925 EAH 

1 after the date of entering into the agreement, the National 

2 Academies will— 

3 (1) establish a committee of experts who are 

4 knowledgeable about drug and device supply issues, 

5 including— 

6 (A) sourcing and production of critical 

7 drugs and devices; 

8 (B) sourcing and production of active phar9 maceutical ingredients in critical drugs; 

10 (C) the raw materials and other components 

11 for critical drugs and devices; and 

12 (D) the public health and national security 

13 implications of the current supply chain for crit14 ical drugs and devices; 

15 (2) convene a public symposium to— 

16 (A) analyze the impact of United States de17 pendence on the foreign manufacturing of crit18 ical drugs and devices on patient access and 

19 care, including in hospitals and intensive care 

20 units; and 

21 (B) recommend strategies to end United 

22 States dependence on foreign manufacturing to 

23 ensure the United States has a diverse and vital 

24 supply chain for critical drugs and devices to 
1169 

•HR 925 EAH 

1 protect the Nation from natural or hostile occur2 rences; and 

3 (3) submit a report on the symposium’s pro4 ceedings to the Congress and publish a summary of 

5 such proceedings on the public website of the National 

6 Academies. 

7 (b) SYMPOSIUM.—In carrying out the agreement under 

8 subsection (a), the National Academies shall consult with— 

9 (1) the Department of Health and Human Serv10 ices, the Department of Homeland Security, the De11 partment of Defense, the Department of Commerce, 

12 the Department of State, the Department of Veterans 

13 Affairs, the Department of Justice, and any other 

14 Federal agencies as appropriate; and 

15 (2) relevant stakeholders, including drug and de16 vice manufacturers, health care providers, medical 

17 professional societies, State-based societies, public 

18 health experts, State and local public health depart19 ments, State medical boards, patient groups, health 

20 care distributors, wholesalers and group purchasing 

21 organizations, pharmacists, and other entities with 

22 experience in health care and public health, as appro23 priate. 

24 (c) DEFINITIONS.—For the purposes of this section: 

25 (1) The term ‘‘critical’’— 
1170 

•HR 925 EAH 

1 (A) with respect to a device, refers to a de2 vice classified by the Food and Drug Adminis3 tration as implantable, life-saving, and life-sus4 taining; or 

5 (B) with respect to a drug, refers to a drug 

6 that is described in subsection (a) of section 

7 506C of the Federal Food, Drug, and Cosmetic 

8 Act (21 U.S.C. 356c) (relating to notification of 

9 any discontinuance or interruption in the pro10 duction of life-saving drugs). 

11 (2) The terms ‘‘device’’ and ‘‘drug’’ have the 

12 meanings given to those terms in section 201 of the 

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

14 321). 

15 SEC. 517. FAILURE TO NOTIFY OF A PERMANENT DIS16 CONTINUANCE OR AN INTERRUPTION. 

17 Section 301 of the Federal Food, Drug, and Cosmetic 

18 Act (21 U.S.C. 331) is amended by adding at the end the 

19 following: 

20 ‘‘(fff) The failure of a manufacturer of a drug described 

21 in section 506C(a) or an active pharmaceutical ingredient 

22 of such a drug, without a reasonable basis as determined 

23 by the Secretary, to notify the Secretary of a permanent 

24 discontinuance or an interruption, and the reasons for such 
1171 

•HR 925 EAH 

1 discontinuance or interruption, as required by section 

2 506C.’’. 

3 SEC. 518. FAILURE TO DEVELOP RISK MANAGEMENT PLAN. 

4 Section 301 of the Federal Food, Drug, and Cosmetic 

5 Act (21 U.S.C. 331), as amended by section 517, is further 

6 amended by adding at the end the following: 

7 ‘‘(ggg) The failure to develop, maintain, and imple8 ment a risk management plan, as required by section 

9 506C(j).’’. 

10 SEC. 519. NATIONAL CENTERS OF EXCELLENCE IN CONTIN11 UOUS PHARMACEUTICAL MANUFACTURING. 

12 (a) IN GENERAL.—Section 3016 of the 21st Century 

13 Cures Act (21 U.S.C. 399h) is amended to read as follows: 

14 ‘‘SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN CON15 TINUOUS PHARMACEUTICAL MANUFAC16 TURING. 

17 ‘‘(a) IN GENERAL.—The Secretary of Health and 

18 Human Services, acting through the Commissioner of Food 

19 and Drugs— 

20 ‘‘(1) shall solicit and, beginning not later than 

21 1 year after the date of enactment of the Investing in 

22 America’s Health Care During the COVID–19 Pan23 demic Act receive requests from institutions of higher 

24 education to be designated as a National Center of 

25 Excellence in Continuous Pharmaceutical Manufac-
1172 

•HR 925 EAH 

1 turing (in this section referred to as a ‘National Cen2 ter of Excellence’) to support the advancement and de3 velopment of continuous manufacturing; and 

4 ‘‘(2) shall so designate any institution of higher 

5 education that— 

6 ‘‘(A) requests such designation; and 

7 ‘‘(B) meets the criteria specified in sub8 section (c). 

9 ‘‘(b) REQUEST FOR DESIGNATION.—A request for des10 ignation under subsection (a) shall be made to the Secretary 

11 at such time, in such manner, and containing such infor12 mation as the Secretary may require. Any such request 

13 shall include a description of how the institution of higher 

14 education meets or plans to meet each of the criteria speci15 fied in subsection (c). 

16 ‘‘(c) CRITERIA FOR DESIGNATION DESCRIBED.—The 

17 criteria specified in this subsection with respect to an insti18 tution of higher education are that the institution has, as 

19 of the date of the submission of a request under subsection 

20 (a) by such institution— 

21 ‘‘(1) physical and technical capacity for research 

22 and development of continuous manufacturing; 

23 ‘‘(2) manufacturing knowledge-sharing networks 

24 with other institutions of higher education, large and 

25 small pharmaceutical manufacturers, generic and 
1173 

•HR 925 EAH 

1 nonprescription manufacturers, contract manufactur2 ers, and other entities; 

3 ‘‘(3) proven capacity to design and demonstrate 

4 new, highly effective technology for use in continuous 

5 manufacturing; 

6 ‘‘(4) a track record for creating and transferring 

7 knowledge with respect to continuous manufacturing; 

8 ‘‘(5) the potential to train a future workforce for 

9 research on and implementation of advanced manu10 facturing and continuous manufacturing; and 

11 ‘‘(6) experience in participating in and leading 

12 a continuous manufacturing technology partnership 

13 with other institutions of higher education, large and 

14 small pharmaceutical manufacturers (including ge15 neric and nonprescription drug manufacturers), con16 tract manufacturers, and other entities— 

17 ‘‘(A) to support companies with continuous 

18 manufacturing in the United States; 

19 ‘‘(B) to support Federal agencies with tech20 nical assistance, which may include regulatory 

21 and quality metric guidance as applicable, for 

22 advanced manufacturing and continuous manu23 facturing; 

24 ‘‘(C) with respect to continuous manufac25 turing, to organize and conduct research and de-
1174 

•HR 925 EAH 

1 velopment activities needed to create new and 

2 more effective technology, capture and dissemi3 nate expertise, create intellectual property, and 

4 maintain technological leadership; 

5 ‘‘(D) to develop best practices for designing 

6 continuous manufacturing; and 

7 ‘‘(E) to assess and respond to the workforce 

8 needs for continuous manufacturing, including 

9 the development of training programs if needed. 

10 ‘‘(d) TERMINATION OF DESIGNATION.—The Secretary 

11 may terminate the designation of any National Center of 

12 Excellence designated under this section if the Secretary de13 termines such National Center of Excellence no longer meets 

14 the criteria specified in subsection (c). Not later than 60 

15 days before the effective date of such a termination, the Sec16 retary shall provide written notice to the National Center 

17 of Excellence, including the rationale for such termination. 

18 ‘‘(e) CONDITIONS FOR DESIGNATION.—As a condition 

19 of designation as a National Center of Excellence under this 

20 section, the Secretary shall require that an institution of 

21 higher education enter into an agreement with the Sec22 retary under which the institution agrees— 

23 ‘‘(1) to collaborate directly with the Food and 

24 Drug Administration to publish the reports required 

25 by subsection (g); 
1175 

•HR 925 EAH 

1 ‘‘(2) to share data with the Food and Drug Ad2 ministration regarding best practices and research 

3 generated through the funding under subsection (f); 

4 ‘‘(3) to develop, along with industry partners 

5 (which may include large and small biopharma6 ceutical manufacturers, generic and nonprescription 

7 manufacturers, and contract manufacturers) and an8 other institution or institutions designated under this 

9 section, if any, a roadmap for developing a contin10 uous manufacturing workforce; 

11 ‘‘(4) to develop, along with industry partners 

12 and other institutions designated under this section, 

13 a roadmap for strengthening existing, and developing 

14 new, relationships with other institutions; and 

15 ‘‘(5) to provide an annual report to the Food 

16 and Drug Administration regarding the institution’s 

17 activities under this section, including a description 

18 of how the institution continues to meet and make 

19 progress on the criteria listed in subsection (c). 

20 ‘‘(f) FUNDING.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall award 

22 funding, through grants, contracts, or cooperative 

23 agreements, to the National Centers of Excellence des24 ignated under this section for the purpose of studying 

25 and recommending improvements to continuous man-
1176 

•HR 925 EAH 

1 ufacturing, including such improvements as may en2 able the Centers— 

3 ‘‘(A) to continue to meet the conditions 

4 specified in subsection (e); and 

5 ‘‘(B) to expand capacity for research on, 

6 and development of, continuing manufacturing. 

7 ‘‘(2) CONSISTENCY WITH FDA MISSION.—As a 

8 condition on receipt of funding under this subsection, 

9 a National Center of Excellence shall agree to consider 

10 any input from the Secretary regarding the use of 

11 funding that would— 

12 ‘‘(A) help to further the advancement of con13 tinuous manufacturing through the National 

14 Center of Excellence; and 

15 ‘‘(B) be relevant to the mission of the Food 

16 and Drug Administration. 

17 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to carry out 

19 this subsection $100,000,000, to remain available 

20 until expended. 

21 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 

22 section shall be construed as precluding a National 

23 Center for Excellence designated under this section 

24 from receiving funds under any other provision of 

25 this Act or any other Federal law. 
1177 

•HR 925 EAH 

1 ‘‘(g) ANNUAL REVIEW AND REPORTS.— 

2 ‘‘(1) ANNUAL REPORT.—Beginning not later 

3 than 1 year after the date on which the first designa4 tion is made under subsection (a), and annually 

5 thereafter, the Secretary shall— 

6 ‘‘(A) submit to Congress a report describing 

7 the activities, partnerships and collaborations, 

8 Federal policy recommendations, previous and 

9 continuing funding, and findings of, and any 

10 other applicable information from, the National 

11 Centers of Excellence designated under this sec12 tion; and 

13 ‘‘(B) make such report available to the pub14 lic in an easily accessible electronic format on 

15 the website of the Food and Drug Administra16 tion. 

17 ‘‘(2) REVIEW OF NATIONAL CENTERS OF EXCEL18 LENCE AND POTENTIAL DESIGNEES.—The Secretary 

19 shall periodically review the National Centers of Ex20 cellence designated under this section to ensure that 

21 such National Centers of Excellence continue to meet 

22 the criteria for designation under this section. 

23 ‘‘(3) REPORT ON LONG-TERM VISION OF FDA

24 ROLE.—Not later than 2 years after the date on 

25 which the first designation is made under subsection 
1178 

•HR 925 EAH 

1 (a), the Secretary, in consultation with the National 

2 Centers of Excellence designated under this section, 

3 shall submit a report to the Congress on the long-term 

4 vision of the Department of Health and Human Serv5 ices on the role of the Food and Drug Administration 

6 in supporting continuous manufacturing, including— 

7 ‘‘(A) a national framework of principles re8 lated to the implementation and regulation of 

9 continuous manufacturing; 

10 ‘‘(B) a plan for the development of Federal 

11 regulations and guidance for how advanced 

12 manufacturing and continuous manufacturing 

13 can be incorporated into the development of 

14 pharmaceuticals and regulatory responsibilities 

15 of the Food and Drug Administration; and 

16 ‘‘(C) appropriate feedback solicited from the 

17 public, which may include other institutions, 

18 large and small biopharmaceutical manufactur19 ers, generic and nonprescription manufacturers, 

20 and contract manufacturers. 

21 ‘‘(h) DEFINITIONS.—In this section: 

22 ‘‘(1) ADVANCED MANUFACTURING.—The term 

23 ‘advanced manufacturing’ means an approach for the 

24 manufacturing of pharmaceuticals that incorporates 

25 novel technology, or uses an established technique or 
1179 

•HR 925 EAH 

1 technology in a new or innovative way (such as con2 tinuous manufacturing where the input materials are 

3 continuously transformed within the process by two 

4 or more unit operations) that enhances drug quality 

5 or improves the manufacturing process. 

6 ‘‘(2) CONTINUOUS MANUFACTURING.—The term 

7 ‘continuous manufacturing’— 

8 ‘‘(A) means a process where the input mate9 rials are continuously fed into and transformed 

10 within the process, and the processed output ma11 terials are continuously removed from the sys12 tem; and 

13 ‘‘(B) consists of an integrated process that 

14 consists of a series of two or more unit oper15 ations. 

16 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 

17 term ‘institution of higher education’ has the meaning 

18 given such term in section 101(a) of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1001(a)). 

20 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

21 the Secretary of Health and Human Services, acting 

22 through the Commissioner of Food and Drugs.’’. 

23 (b) TRANSITION RULE.—Section 3016 of the 21st Cen24 tury Cures Act (21 U.S.C. 399h), as in effect on the day 

25 before the date of the enactment of this section, shall apply 
1180 

•HR 925 EAH 

1 with respect to grants awarded under such section before 

2 such date of enactment. 

3 Subtitle B—Strategic National 

4 Stockpile Improvements 

5 SEC. 531. EQUIPMENT MAINTENANCE. 

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

7 U.S.C. 247d–6b) is amended— 

8 (1) in subsection (a)(3)— 

9 (A) in subparagraph (I), by striking ‘‘; 

10 and’’ and inserting a semicolon; 

11 (B) in subparagraph (J), by striking the 

12 period at the end and inserting a semicolon; and 

13 (C) by inserting the following new subpara14 graph at the end: 

15 ‘‘(K) ensure the contents of the stockpile re16 main in good working order and, as appro17 priate, conduct maintenance services on such 

18 contents; and’’; and 

19 (2) in subsection (c)(7)(B), by adding at the end 

20 the following new clause: 

21 ‘‘(ix) EQUIPMENT MAINTENANCE SERV22 ICE.—In carrying out this section, the Sec23 retary may enter into contracts for the pro24 curement of equipment maintenance serv25 ices.’’. 
1181 

•HR 925 EAH 

1 SEC. 532. SUPPLY CHAIN FLEXIBILITY MANUFACTURING 

2 PILOT. 

3 (a) IN GENERAL.—Section 319F–2(a)(3) of the Public 

4 Health Service Act (42 U.S.C. 247d–6b(a)(3)), as amended 

5 by section 531, is further amended by adding at the end 

6 the following new subparagraph: 

7 ‘‘(L) enhance medical supply chain elas8 ticity and establish and maintain domestic re9 serves of critical medical supplies (including per10 sonal protective equipment, ancillary medical 

11 supplies, and other applicable supplies required 

12 for the administration of drugs, vaccines and 

13 other biological products, and other medical de14 vices (including diagnostic tests)) by— 

15 ‘‘(i) increasing emergency stock of crit16 ical medical supplies; 

17 ‘‘(ii) geographically diversifying pro18 duction of such medical supplies; 

19 ‘‘(iii) purchasing, leasing, or entering 

20 into joint ventures with respect to facilities 

21 and equipment for the production of such 

22 medical supplies; and 

23 ‘‘(iv) working with distributors of such 

24 medical supplies to manage the domestic re25 serves established under this subparagraph 
1182 

•HR 925 EAH 

1 by refreshing and replenishing stock of such 

2 medical supplies.’’. 

3 (b) REPORTING; SUNSET.—Section 319F–2(a) of the 

4 Public Health Service Act (42 U.S.C. 247d–6b(a)) is 

5 amended by adding at the end the following: 

6 ‘‘(6) REPORTING.—Not later than September 30, 

7 2022, the Secretary shall submit to the Committee on 

8 Energy and Commerce of the House of Representa9 tives and the Committee on Health, Education, Labor 

10 and Pensions of the Senate a report on the details of 

11 each purchase, lease, or joint venture entered into 

12 under paragraph (3)(L), including the amount ex13 pended by the Secretary on each such purchase, lease, 

14 or joint venture. 

15 ‘‘(7) SUNSET.—The authority to make purchases, 

16 leases, or joint ventures pursuant to paragraph (3)(L) 

17 shall cease to be effective on September 30, 2023.’’. 

18 (c) FUNDING.—Section 319F–2(f) of the Public Health 

19 Service Act (42 U.S.C. 247d–6b(f)) is amended by adding 

20 at the end the following: 

21 ‘‘(3) SUPPLY CHAIN ELASTICITY.— 

22 ‘‘(A) IN GENERAL.—For the purpose of car23 rying out subsection (a)(3)(L), there is author24 ized to be appropriated $500,000,000 for each of 
1183 

•HR 925 EAH 

1 fiscal years 2020 through 2023, to remain avail2 able until expended. 

3 ‘‘(B) RELATION TO OTHER AMOUNTS.—The 

4 amount authorized to be appropriated by sub5 paragraph (A) for the purpose of carrying out 

6 subsection (a)(3)(L) is in addition to any other 

7 amounts available for such purpose.’’. 

8 SEC. 533. REIMBURSABLE TRANSFERS FROM STRATEGIC 

9 NATIONAL STOCKPILE. 

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

11 (42 U.S.C. 247d–6b(a)), as amended, is further amended 

12 by adding at the end the following: 

13 ‘‘(8) TRANSFERS AND REIMBURSEMENTS.— 

14 ‘‘(A) IN GENERAL.—Without regard to 

15 chapter 5 of title 40, United States Code, the 

16 Secretary may transfer to any Federal depart17 ment or agency, on a reimbursable basis, any 

18 drugs, vaccines and other biological products, 

19 medical devices, and other supplies in the stock20 pile if— 

21 ‘‘(i) the transferred supplies are less 

22 than 6 months from expiry; 

23 ‘‘(ii) the stockpile is able to replenish 

24 the supplies, as appropriate; and 
1184 

•HR 925 EAH 

1 ‘‘(iii) the Secretary decides the transfer 

2 is in the best interest of the United States 

3 Government. 

4 ‘‘(B) USE OF REIMBURSEMENT.—Reim5 bursement derived from the transfer of supplies 

6 pursuant to subparagraph (A) may be used by 

7 the Secretary, without further appropriation and 

8 without fiscal year limitation, to carry out this 

9 section. 

10 ‘‘(C) REPORT.—Not later than September 

11 30, 2022, the Secretary shall submit to the Com12 mittee on Energy and Commerce of the House of 

13 Representatives and the Committee on Health, 

14 Education, Labor and Pensions of the Senate a 

15 report on each transfer made under this para16 graph and the amount received by the Secretary 

17 in exchange for that transfer. 

18 ‘‘(D) SUNSET.—The authority to make 

19 transfers under this paragraph shall cease to be 

20 effective on September 30, 2023.’’. 

21 SEC. 534. STRATEGIC NATIONAL STOCKPILE ACTION RE22 PORTING. 

23 (a) IN GENERAL.—The Assistant Secretary for Pre24 paredness and Response (in this section referred to as the 

25 ‘‘Assistant Secretary’’), in coordination with the Adminis-
1185 

•HR 925 EAH 

1 trator of the Federal Emergency Management Agency, 

2 shall— 

3 (1) not later than 30 days after the date of en4 actment of this Act, issue a report to the Committee 

5 on Energy and Commerce of the House of Representa6 tives and the Committee on Health, Education, Labor 

7 and Pensions of the Senate regarding all State, local, 

8 Tribal, and territorial requests for supplies from the 

9 Strategic National Stockpile related to COVID–19; 

10 and 

11 (2) not less than every 30 days thereafter through 

12 the end of the emergency period (as such term is de13 fined in section 1135(g)(1)(B) of the Social Security 

14 Act (42 U.S.C. 1320b–5(g)(1)(B))), submit to such 

15 committees an updated version of such report. 

16 (b) REPORTING PERIOD.— 

17 (1) INITIAL REPORT.—The initial report under 

18 subsection (a) shall address all requests described in 

19 such subsection made during the period— 

20 (A) beginning on January 31, 2020; and 

21 (B) ending on the date that is 30 days be22 fore the date of submission of the report. 

23 (2) UPDATES.—Each update to the report under 

24 subsection (a) shall address all requests described in 

25 such subsection made during the period— 
1186 

•HR 925 EAH 

1 (A) beginning at the end of the previous re2 porting period under this section; and 

3 (B) ending on the date that is 30 days be4 fore the date of submission of the updated report. 

5 (c) CONTENTS OF REPORT.—The report under sub6 section (a) (and updates thereto) shall include— 

7 (1) the details of each request described in such 

8 subsection, including— 

9 (A) the specific medical countermeasures, 

10 including devices such as personal protective 

11 equipment, and other materials requested; and 

12 (B) the amount of such materials requested; 

13 and 

14 (2) the outcomes of each request described in sub15 section (a), including— 

16 (A) whether the request was wholly fulfilled, 

17 partially fulfilled, or denied; 

18 (B) if the request was wholly or partially 

19 fulfilled, the fulfillment amount; and 

20 (C) if the request was partially fulfilled or 

21 denied, a rationale for such outcome. 

22 SEC. 535. IMPROVED, TRANSPARENT PROCESSES FOR THE 

23 STRATEGIC NATIONAL STOCKPILE. 

24 (a) IN GENERAL.—Not later than January 1, 2021, 

25 the Secretary, in collaboration with the Assistant Secretary 
1187 

•HR 925 EAH 

1 for Preparedness and Response and the Director of the Cen2 ters for Disease Control and Prevention, shall develop and 

3 implement improved, transparent processes for the use and 

4 distribution of drugs, vaccines and other biological prod5 ucts, medical devices, and other supplies (including per6 sonal protective equipment, ancillary medical supplies, and 

7 other applicable supplies required for the administration of 

8 drugs, vaccines and other biological products, diagnostic 

9 tests, and other medical devices ) in the Strategic National 

10 Stockpile under section 319F–2 of the Public Health Service 

11 Act (42 U.S.C. 247d–6b) (in this section referred to as the 

12 ‘‘Stockpile’’). 

13 (b) PROCESSES.—The processes developed under sub14 section (a) shall include— 

15 (1) the form and manner in which States, local16 ities, Tribes, and territories are required to submit re17 quests for supplies from the Stockpile; 

18 (2) the criteria used by the Secretary in respond19 ing to such requests, including the reasons for ful20 filling or denying such requests; 

21 (3) what circumstances result in prioritization of 

22 distribution of supplies from the Stockpile to States, 

23 localities, Tribes, or territories; 

24 (4) clear plans for future, urgent communication 

25 between the Secretary and States, localities, Tribes, 
1188 

•HR 925 EAH 

1 and territories regarding the outcome of such requests; 

2 and 

3 (5) any differences in the processes developed 

4 under subsection (a) for geographically related emer5 gencies, such as weather events, and national emer6 gencies, such as pandemics. 

7 (c) REPORT TO CONGRESS.—Not later than January 

8 1, 2021, the Secretary shall— 

9 (1) submit a report to the Committee Energy 

10 and Commerce of the House of Representatives and 

11 the Committee on Health, Education, Labor and Pen12 sions of the Senate regarding the improved, trans13 parent processes developed under this section; and 

14 (2) include in such report recommendations for 

15 opportunities for communication (by telebriefing, 

16 phone calls, or in-person meetings) between the Sec17 retary and States, localities, Tribes, and territories 

18 regarding such improved, transparent processes. 

19 SEC. 536. GAO STUDY ON THE FEASIBILITY AND BENEFITS 

20 OF A STRATEGIC NATIONAL STOCKPILE USER 

21 FEE AGREEMENT. 

22 (a) IN GENERAL.— The Comptroller General of the 

23 United States shall conduct a study to investigate the feasi24 bility of establishing user fees to offset certain Federal costs 

25 attributable to the procurement of single-source materials 
1189 

•HR 925 EAH 

1 for the Strategic National Stockpile under section 319F– 

2 2 of the Public Health Service Act (42 U.S.C. 247d–6b) and 

3 distributions of such materials from the Stockpile. In con4 ducting this study, the Comptroller General shall consider, 

5 to the extent information is available— 

6 (1) whether entities receiving such distributions 

7 generate profits from those distributions; 

8 (2) any Federal costs attributable to such dis9 tributions; 

10 (3) whether such user fees would provide the Sec11 retary with funding to potentially offset procurement 

12 costs of such materials for the Strategic National 

13 Stockpile; and 

14 (4) any other issues the Comptroller General 

15 identifies as relevant. 

16 (b) REPORT.—Not later than February 1, 2023, the 

17 Comptroller General of the United States shall submit to 

18 the Congress a report on the findings and conclusions of 

19 the study under subsection (a). 

20 Subtitle C—Testing and Testing 

21 Infrastructure Improvements 

22 SEC. 541. COVID–19 TESTING STRATEGY. 

23 (a) STRATEGY.—Not later than 30 days after the date 

24 of the enactment of this Act, the Secretary shall update the 

25 COVID–19 strategic testing plan under the heading ‘‘De-
1190 

•HR 925 EAH 

1 partment of Health and Human Services—Office of the 

2 Secretary—Public Health and Social Service Emergency 

3 Fund’’ in title I of division B of the Paycheck Protection 

4 Program and Health Care Enhancement Act (Public Law 

5 116–139, 134 Stat. 620, 626–627) and submit to the appro6 priate congressional committees such updated national plan 

7 identifying— 

8 (1) what level of, types of, and approaches to 

9 testing (including predicted numbers of tests, popu10 lations to be tested, and frequency of testing and the 

11 appropriate setting whether a health care setting 

12 (such as hospital-based, high-complexity laboratory, 

13 point-of-care, mobile testing units, pharmacies or 

14 community health centers) or non-health care setting 

15 (such as workplaces, schools, or child care centers)) 

16 are necessary— 

17 (A) to sufficiently monitor and contribute to 

18 the control of the transmission of SARS–CoV–2 

19 in the United States; 

20 (B) to ensure that any reduction in social 

21 distancing efforts, when determined appropriate 

22 by public health officials, can be undertaken in 

23 a manner that optimizes the health and safety of 

24 the people of the United States, and reduces dis25 parities (including disparities related to race, 
1191 

•HR 925 EAH 

1 ethnicity, sex, age, disability status, socio2 economic status, and geographic location) in the 

3 prevalence of, incidence of, and health outcomes 

4 with respect to, COVID–19; and 

5 (C) to provide for ongoing surveillance suf6 ficient to support contact tracing, case identi7 fication, quarantine, and isolation to prevent fu8 ture outbreaks of COVID–19; 

9 (2) specific plans and benchmarks, each with 

10 clear timelines, to ensure— 

11 (A) such level of, types of, and approaches 

12 to testing as are described in paragraph (1), 

13 with respect to optimizing health and safety; 

14 (B) sufficient availability of all necessary 

15 testing materials and supplies, including extrac16 tion and testing kits, reagents, transport media, 

17 swabs, instruments, analysis equipment, per18 sonal protective equipment if necessary for test19 ing (including point-of-care testing), and other 

20 equipment; 

21 (C) allocation of testing materials and sup22 plies in a manner that optimizes public health, 

23 including by considering the variable impact of 

24 SARS–CoV–2 on specific States, territories, In25 dian Tribes, Tribal organizations, urban Indian 
1192 

•HR 925 EAH 

1 organizations, communities, industries, and pro2 fessions; 

3 (D) sufficient evidence of validation for tests 

4 that are deployed as a part of such strategy; 

5 (E) sufficient laboratory and analytical ca6 pacity, including target turnaround time for test 

7 results; 

8 (F) sufficient personnel, including personnel 

9 to collect testing samples, conduct and analyze 

10 results, and conduct testing follow-up, including 

11 contact tracing, as appropriate; and 

12 (G) enforcement of the Families First 

13 Coronavirus Response Act (Public Law 116–127) 

14 to ensure patients who are tested are not subject 

15 to cost sharing; 

16 (3) specific plans to ensure adequate testing in 

17 rural areas, frontier areas, health professional short18 age areas, and medically underserved areas (as de19 fined in section 330I(a) of the Public Health Service 

20 Act (42 U.S.C. 254c–14(a))), and for underserved 

21 populations, Native Americans (including Indian 

22 Tribes, Tribal organizations, and urban Indian orga23 nizations), and populations at increased risk related 

24 to COVID–19; 
1193 

•HR 925 EAH 

1 (4) specific plans to ensure accessibility of test2 ing to people with disabilities, older individuals, and 

3 individuals with underlying health conditions or 

4 weakened immune systems; and 

5 (5) specific plans for broadly developing and im6 plementing testing for potential immunity in the 

7 United States, as appropriate, in a manner suffi8 cient— 

9 (A) to monitor and contribute to the control 

10 of SARS–CoV–2 in the United States; 

11 (B) to ensure that any reduction in social 

12 distancing efforts, when determined appropriate 

13 by public health officials, can be undertaken in 

14 a manner that optimizes the health and safety of 

15 the people of the United States; and 

16 (C) to reduce disparities (including dispari17 ties related to race, ethnicity, sex, age, disability 

18 status, socioeconomic status, and geographic lo19 cation) in the prevalence of, incidence of, and 

20 health outcomes with respect to, COVID–19. 

21 (b) COORDINATION.—The Secretary shall carry out 

22 this section— 

23 (1) in coordination with the Administrator of 

24 the Federal Emergency Management Agency; 
1194 

•HR 925 EAH 

1 (2) in collaboration with other agencies and de2 partments, as appropriate; and 

3 (3) taking into consideration the State plans for 

4 COVID–19 testing prepared as required under the 

5 heading ‘‘Department of Health and Human Serv6 ices—Office of the Secretary—Public Health and So7 cial Service Emergency Fund’’ in title I of division 

8 B of the Paycheck Protection Program and Health 

9 Care Enhancement Act (Public Law 116–139; 134 

10 Stat. 620, 624). 

11 (c) UPDATES.— 

12 (1) FREQUENCY.—The updated national plan 

13 under subsection (a) shall be updated every 30 days 

14 until the end of the public health emergency first de15 clared by the Secretary under section 319 of the Pub16 lic Health Service Act (42 U.S.C. 247d) on January 

17 31, 2020, with respect to COVID–19. 

18 (2) RELATION TO OTHER LAW.—Paragraph (1) 

19 applies in lieu of the requirement (for updates every 

20 90 days until funds are expended) in the second to 

21 last proviso under the heading ‘‘Department of Health 

22 and Human Services—Office of the Secretary—Pub23 lic Health and Social Service Emergency Fund’’ in 

24 title I of division B of the Paycheck Protection Pro-
1195 

•HR 925 EAH 

1 gram and Health Care Enhancement Act (Public 

2 Law 116–139; 134 Stat. 620, 627). 

3 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

4 this section, the term ‘‘appropriate congressional commit5 tees’’ means— 

6 (1) the Committee on Appropriations and the 

7 Committee on Energy and Commerce of the House of 

8 Representatives; and 

9 (2) the Committee on Appropriations and the 

10 Committee on Health, Education, Labor and Pen11 sions and of the Senate. 

12 SEC. 542. CENTRALIZED TESTING INFORMATION WEBSITE. 

13 The Secretary shall establish and maintain a public, 

14 searchable webpage, to be updated and corrected as nec15 essary through a process established by the Secretary, on 

16 the website of the Department of Health and Human Serv17 ices that— 

18 (1) identifies all in vitro diagnostic and sero19 logical tests used in the United States to analyze clin20 ical specimens for detection of SARS–CoV–2 or anti21 bodies specific to SARS–CoV–2, including— 

22 (A) those tests— 

23 (i) that are approved, cleared, or au24 thorized under section 510(k), 513, 515, or 

25 564 of the Federal Food, Drug, and Cos-
1196 

•HR 925 EAH 

1 metic Act (21 U.S.C. 360(k), 360c, 360e, 

2 360bbb–3); 

3 (ii) that have been validated by the 

4 test’s developers for use on clinical speci5 mens and for which the developer has noti6 fied the Food and Drug Administration of 

7 the developer’s intent to market the test con8 sistent with applicable guidance issued by 

9 the Secretary; or 

10 (iii) that have been developed and au11 thorized by a State that has notified the 

12 Secretary of the State’s intention to review 

13 tests intended to diagnose COVID–19; and 

14 (B) other SARS–CoV–2-related tests that 

15 the Secretary determines appropriate in guid16 ance, which may include tests related to the 

17 monitoring of COVID–19 patient status; 

18 (2) provides relevant information, as determined 

19 by the Secretary, on each test identified pursuant to 

20 paragraph (1), which may include— 

21 (A) the name and contact information of 

22 the developer of the test; 

23 (B) the date of receipt of notification by the 

24 Food and Drug Administration of the developer’s 

25 intent to market the test; 
1197 

•HR 925 EAH 

1 (C) the date of authorization for use of the 

2 test on clinical specimens, where applicable; 

3 (D) the letter of authorization for use of the 

4 test on clinical specimens, where applicable; 

5 (E) any fact sheets, manufacturer instruc6 tions, and package inserts for the test, including 

7 information on intended use; 

8 (F) sensitivity and specificity of the test; 

9 and 

10 (G) in the case of tests distributed by com11 mercial manufacturers, the number of tests dis12 tributed and, if available, the number of labora13 tories in the United States with the required 

14 platforms installed to perform the test; and 

15 (3) includes— 

16 (A) a list of laboratories certified under sec17 tion 353 of the Public Health Service Act (42 

18 U.S.C. 263a; commonly referred to as ‘‘CLIA’’) 

19 that— 

20 (i) meet the regulatory requirements 

21 under such section to perform high- or mod22 erate-complexity testing; and 

23 (ii) are authorized to perform SARS– 

24 CoV–2 diagnostic or serological tests on 

25 clinical specimens; and 
1198 

•HR 925 EAH 

1 (B) information on each laboratory identi2 fied pursuant to subparagraph (A), including— 

3 (i) the name and address of the labora4 tory; 

5 (ii) the CLIA certificate number; 

6 (iii) the laboratory type; 

7 (iv) the certificate type; and 

8 (v) the complexity level. 

9 SEC. 543. MANUFACTURER REPORTING OF TEST DISTRIBU10 TION. 

11 (a) IN GENERAL.—A commercial manufacturer of an 

12 in vitro diagnostic or serological COVID–19 test shall, on 

13 a weekly basis, submit a notification to the Secretary re14 garding distribution of each such test, which notification— 

15 (1) shall include the number of tests distributed 

16 and the entities to which the tests are distributed; and 

17 (2) may include the quantity of such tests dis18 tributed by the manufacturer. 

19 (b) CONFIDENTIALITY.—Nothing in this section shall 

20 be construed as authorizing the Secretary to disclose any 

21 information that is a trade secret or confidential informa22 tion subject to section 552(b)(4) of title 5, United States 

23 Code, or section 1905 of title 18, United States Code. 
1199 

•HR 925 EAH 

1 (c) FAILURE TO MEET REQUIREMENTS.—If a manu2 facturer fails to submit a notification as required under 

3 subsection (a), the following applies: 

4 (1) The Secretary shall issue a letter to such 

5 manufacturer informing such manufacturer of such 

6 failure. 

7 (2) Not later than 7 calendar days after the 

8 issuance of a letter under paragraph (1), the manu9 facturer to whom such letter is issued shall submit to 

10 the Secretary a written response to such letter— 

11 (A) setting forth the basis for noncompli12 ance; and 

13 (B) providing information as required 

14 under subsection (a). 

15 (3) Not later than 14 calendar days after the 

16 issuance of a letter under paragraph (1), the Sec17 retary shall make such letter and any response to 

18 such letter under paragraph (2) available to the pub19 lic on the internet website of the Food and Drug Ad20 ministration, with appropriate redactions made to 

21 protect information described in subsection (b). The 

22 preceding sentence shall not apply if the Secretary de23 termines that— 

24 (A) the letter under paragraph (1) was 

25 issued in error; or 
1200 

•HR 925 EAH 

1 (B) after review of such response, the manu2 facturer had a reasonable basis for not notifying 

3 as required under subsection (a). 

4 SEC. 544. STATE TESTING REPORT. 

5 For any State that authorizes (or intends to authorize) 

6 one or more laboratories in the State to develop and perform 

7 in vitro diagnostic COVID–19 tests, the head of the depart8 ment or agency of such State with primary responsibility 

9 for health shall— 

10 (1) notify the Secretary of such authorization (or 

11 intention to authorize); and 

12 (2) provide the Secretary with a weekly report— 

13 (A) identifying all laboratories authorized 

14 (or intended to be authorized) by the State to de15 velop and perform in vitro diagnostic COVID– 

16 19 tests; 

17 (B) including relevant information on all 

18 laboratories identified pursuant to subparagraph 

19 (A), which may include information on labora20 tory testing capacity; 

21 (C) identifying all in vitro diagnostic 

22 COVID–19 tests developed and approved for clin23 ical use in laboratories identified pursuant to 

24 subparagraph (A); and 
1201 

•HR 925 EAH 

1 (D) including relevant information on all 

2 tests identified pursuant to subparagraph (C), 

3 which may include— 

4 (i) the name and contact information 

5 of the developer of any such test; 

6 (ii) any fact sheets, manufacturer in7 structions, and package inserts for any such 

8 test, including information on intended use; 

9 and 

10 (iii) the sensitivity and specificity of 

11 any such test. 

12 SEC. 545. STATE LISTING OF TESTING SITES. 

13 Not later than 14 days after the date of enactment of 

14 this Act, any State receiving funding or assistance under 

15 this Act, as a condition on such receipt, shall establish and 

16 maintain a public, searchable webpage on the official 

17 website of the State that— 

18 (1) identifies all sites located in the State that 

19 provide diagnostic or serological testing for SARS– 

20 CoV–2; and 

21 (2) provides appropriate contact information for 

22 SARS–CoV–2 testing sites pursuant to paragraph 

23 (1). 
1202 

•HR 925 EAH 

1 SEC. 546. REPORTING OF COVID–19 TESTING RESULTS. 

2 (a) IN GENERAL.—Every laboratory that performs or 

3 analyzes a test that is intended to detect SARS–CoV–2 or 

4 to diagnose a possible case of COVID–19 shall report daily 

5 the number of tests performed and the results from each such 

6 test to the Secretary of Health and Human Services and 

7 to the Secretary of Homeland Security, in such form and 

8 manner as such Secretaries may prescribe. Such informa9 tion shall be made available to the public in a searchable, 

10 electronic format as soon as is practicable, and in no case 

11 later than one week after such information is received. 

12 (b) ADDITIONAL REPORTING REQUIREMENTS.—The 

13 Secretaries specified in subsection (a)— 

14 (1) may specify additional reporting require15 ments under this section by regulation, including by 

16 interim final rule, or by guidance; and 

17 (2) may issue such regulations or guidance with18 out regard to the procedures otherwise required by 

19 section 553 of title 5, United States Code. 

20 SEC. 547. GAO REPORT ON DIAGNOSTIC TESTS. 

21 (a) GAO STUDY.—Not later than 18 months after the 

22 date of enactment of this Act, the Comptroller General of 

23 the United States shall submit to the Committee on Energy 

24 and Commerce of the House of Representatives and the 

25 Committee on Health, Education, Labor and Pensions of 

26 the Senate a report describing the response of entities de-
1203 

•HR 925 EAH 

1 scribed in subsection (b) to the COVID–19 pandemic with 

2 respect to the development, regulatory evaluation, and de3 ployment of diagnostic tests. 

4 (b) ENTITIES DESCRIBED.—Entities described in this 

5 subsection include— 

6 (1) laboratories, including public health, aca7 demic, clinical, and commercial laboratories; 

8 (2) diagnostic test manufacturers; 

9 (3) State, local, Tribal, and territorial govern10 ments; and 

11 (4) the Food and Drug Administration, the Cen12 ters for Disease Control and Prevention, the Centers 

13 for Medicare & Medicaid Services, the National Insti14 tutes of Health, and other relevant Federal agencies, 

15 as appropriate. 

16 (c) CONTENTS.—The report under subsection (a) shall 

17 include— 

18 (1) a description of actions taken by entities de19 scribed in subsection (b) to develop, evaluate, and de20 ploy diagnostic tests; 

21 (2) an assessment of the coordination of Federal 

22 agencies in the development, regulatory evaluation, 

23 and deployment of diagnostic tests; 
1204 

•HR 925 EAH 

1 (3) an assessment of the standards used by the 

2 Food and Drug Administration to evaluate diagnostic 

3 tests; 

4 (4) an assessment of the clarity of Federal agen5 cy guidance related to testing, including the ability 

6 for individuals without medical training to under7 stand which diagnostic tests had been evaluated by 

8 the Food and Drug Administration; 

9 (5) a description of— 

10 (A) actions taken and clinical processes em11 ployed by States and territories that have au12 thorized laboratories to develop and perform di13 agnostic tests not authorized, approved, or 

14 cleared by the Food and Drug Administration, 

15 including actions of such States and territories 

16 to evaluate the accuracy and sensitivity of such 

17 tests; and 

18 (B) the standards used by States and terri19 tories when deciding when to authorize labora20 tories to develop or perform diagnostic tests; 

21 (6) an assessment of the steps taken by labora22 tories and diagnostic test manufacturers to validate 

23 diagnostic tests, as well as the evidence collected by 

24 such entities to support validation; and 
1205 

•HR 925 EAH 

1 (7) based on available reports, an assessment of 

2 the accuracy and sensitivity of a representative sam3 ple of available diagnostic tests. 

4 (d) DEFINITION.—In this section, the term ‘‘diagnostic 

5 test’’ means an in vitro diagnostic product (as defined in 

6 section 809.3(a) of title 21, Code of Federal Regulations) 

7 for— 

8 (1) the detection of SARS–CoV–2; 

9 (2) the diagnosis of the virus that causes 

10 COVID–19; or 

11 (3) the detection of antibodies specific to SARS– 

12 CoV–2, such as a serological test. 

13 SEC. 548. PUBLIC HEALTH DATA SYSTEM TRANS14 FORMATION. 

15 Subtitle C of title XXVIII of the Public Health Service 

16 Act (42 U.S.C. 300hh–31 et seq.) is amended by adding at 

17 the end the following: 

18 ‘‘SEC. 2823. PUBLIC HEALTH DATA SYSTEM TRANS19 FORMATION. 

20 ‘‘(a) EXPANDING CDC AND PUBLIC HEALTH DEPART21 MENT CAPABILITIES.— 

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

23 through the Director of the Centers for Disease Con24 trol and Prevention, shall— 
1206 

•HR 925 EAH 

1 ‘‘(A) conduct activities to expand, enhance, 

2 and improve applicable public health data sys3 tems used by the Centers for Disease Control and 

4 Prevention, related to the interoperability and 

5 improvement of such systems (including as it re6 lates to preparedness for, prevention and detec7 tion of, and response to public health emer8 gencies); and 

9 ‘‘(B) award grants or cooperative agree10 ments to State, local, Tribal, or territorial public 

11 health departments for the expansion and mod12 ernization of public health data systems, to assist 

13 public health departments in— 

14 ‘‘(i) assessing current data infrastruc15 ture capabilities and gaps to improve and 

16 increase consistency in data collection, stor17 age, and analysis and, as appropriate, to 

18 improve dissemination of public health-re19 lated information; 

20 ‘‘(ii) improving secure public health 

21 data collection, transmission, exchange, 

22 maintenance, and analysis; 

23 ‘‘(iii) improving the secure exchange of 

24 data between the Centers for Disease Con25 trol and Prevention, State, local, Tribal, 
1207 

•HR 925 EAH 

1 and territorial public health departments, 

2 public health organizations, and health care 

3 providers, including by public health offi4 cials in multiple jurisdictions within such 

5 State, as appropriate, and by simplifying 

6 and supporting reporting by health care 

7 providers, as applicable, pursuant to State 

8 law, including through the use of health in9 formation technology; 

10 ‘‘(iv) enhancing the interoperability of 

11 public health data systems (including sys12 tems created or accessed by public health de13 partments) with health information tech14 nology, including with health information 

15 technology certified under section 

16 3001(c)(5); 

17 ‘‘(v) supporting and training data sys18 tems, data science, and informatics per19 sonnel; 

20 ‘‘(vi) supporting earlier disease and 

21 health condition detection, such as through 

22 near real-time data monitoring, to support 

23 rapid public health responses; 

24 ‘‘(vii) supporting activities within the 

25 applicable jurisdiction related to the expan-
1208 

•HR 925 EAH 

1 sion and modernization of electronic case 

2 reporting; and 

3 ‘‘(viii) developing and disseminating 

4 information related to the use and impor5 tance of public health data. 

6 ‘‘(2) DATA STANDARDS.—In carrying out para7 graph (1), the Secretary, acting through the Director 

8 of the Centers for Disease Control and Prevention, 

9 shall, as appropriate and in consultation with the Of10 fice of the National Coordinator for Health Informa11 tion Technology, designate data and technology stand12 ards (including standards for interoperability) for 

13 public health data systems, with deference given to 

14 standards published by consensus-based standards de15 velopment organizations with public input and vol16 untary consensus-based standards bodies. 

17 ‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec18 retary may develop and utilize public-private part19 nerships for technical assistance, training, and re20 lated implementation support for State, local, Tribal, 

21 and territorial public health departments, and the 

22 Centers for Disease Control and Prevention, on the 

23 expansion and modernization of electronic case re24 porting and public health data systems, as applicable. 

25 ‘‘(b) REQUIREMENTS.— 
1209 

•HR 925 EAH 

1 ‘‘(1) HEALTH INFORMATION TECHNOLOGY

2 STANDARDS.—The Secretary may not award a grant 

3 or cooperative agreement under subsection (a)(1)(B) 

4 unless the applicant uses or agrees to use standards 

5 endorsed by the National Coordinator for Health In6 formation Technology pursuant to section 3001(c)(1) 

7 or adopted by the Secretary under section 3004. 

8 ‘‘(2) WAIVER.—The Secretary may waive the re9 quirement under paragraph (1) with respect to an 

10 applicant if the Secretary determines that the activi11 ties under subsection (a)(1)(B) cannot otherwise be 

12 carried out within the applicable jurisdiction. 

13 ‘‘(3) APPLICATION.—A State, local, Tribal, or 

14 territorial health department applying for a grant or 

15 cooperative agreement under this section shall submit 

16 an application to the Secretary at such time and in 

17 such manner as the Secretary may require. Such ap18 plication shall include information describing— 

19 ‘‘(A) the activities that will be supported by 

20 the grant or cooperative agreement; and 

21 ‘‘(B) how the modernization of the public 

22 health data systems involved will support or im23 pact the public health infrastructure of the health 

24 department, including a description of remain-
1210 

•HR 925 EAH 

1 ing gaps, if any, and the actions needed to ad2 dress such gaps. 

3 ‘‘(c) STRATEGY AND IMPLEMENTATION PLAN.—Not 

4 later than 180 days after the date of enactment of this sec5 tion, the Secretary, acting through the Director of the Cen6 ters for Disease Control and Prevention, shall submit to the 

7 Committee on Health, Education, Labor and Pensions of 

8 the Senate and the Committee on Energy and Commerce 

9 of the House of Representatives a coordinated strategy and 

10 an accompanying implementation plan that identifies and 

11 demonstrates the measures the Secretary will utilize to— 

12 ‘‘(1) update and improve applicable public 

13 health data systems used by the Centers for Disease 

14 Control and Prevention; and 

15 ‘‘(2) carry out the activities described in this sec16 tion to support the improvement of State, local, Trib17 al, and territorial public health data systems. 

18 ‘‘(d) CONSULTATION.—The Secretary, acting through 

19 the Director of the Centers for Disease Control and Preven20 tion, shall consult with State, local, Tribal, and territorial 

21 health departments, professional medical and public health 

22 associations, associations representing hospitals or other 

23 health care entities, health information technology experts, 

24 and other appropriate public or private entities regarding 

25 the plan and grant program to modernize public health 
1211 

•HR 925 EAH 

1 data systems pursuant to this section. Activities under this 

2 subsection may include the provision of technical assistance 

3 and training related to the exchange of information by such 

4 public health data systems used by relevant health care and 

5 public health entities at the local, State, Federal, Tribal, 

6 and territorial levels, and the development and utilization 

7 of public-private partnerships for implementation support 

8 applicable to this section. 

9 ‘‘(e) REPORT TO CONGRESS.—Not later than 1 year 

10 after the date of enactment of this section, the Secretary 

11 shall submit a report to the Committee on Health, Edu12 cation, Labor and Pensions of the Senate and the Com13 mittee on Energy and Commerce of the House of Represent14 atives that includes— 

15 ‘‘(1) a description of any barriers to— 

16 ‘‘(A) public health authorities implementing 

17 interoperable public health data systems and 

18 electronic case reporting; 

19 ‘‘(B) the exchange of information pursuant 

20 to electronic case reporting; or 

21 ‘‘(C) reporting by health care providers 

22 using such public health data systems, as appro23 priate, and pursuant to State law; 
1212 

•HR 925 EAH 

1 ‘‘(2) an assessment of the potential public health 

2 impact of implementing electronic case reporting and 

3 interoperable public health data systems; and 

4 ‘‘(3) a description of the activities carried out 

5 pursuant to this section. 

6 ‘‘(f) ELECTRONIC CASE REPORTING.—In this section, 

7 the term ‘electronic case reporting’ means the automated 

8 identification, generation, and bilateral exchange of reports 

9 of health events among electronic health record or health 

10 information technology systems and public health authori11 ties. 

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To carry 

13 out this section, there are authorized to be appropriated 

14 $450,000,000 to remain available until expended.’’. 

15 SEC. 549. PILOT PROGRAM TO IMPROVE LABORATORY IN16 FRASTRUCTURE. 

17 (a) IN GENERAL.—The Secretary shall award grants 

18 to States and political subdivisions of States to support the 

19 improvement, renovation, or modernization of infrastruc20 ture at clinical laboratories (as defined in section 353 of 

21 the Public Health Service Act (42 U.S.C. 263a)) that will 

22 help to improve SARS–CoV–2 and COVID–19 testing and 

23 response activities, including the expansion and enhance24 ment of testing capacity at such laboratories. 
1213 

•HR 925 EAH 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there is authorized to be appropriated 

3 $1,000,000,000 to remain available until expended. 

4 SEC. 550. CORE PUBLIC HEALTH INFRASTRUCTURE FOR 

5 STATE, LOCAL, TRIBAL, AND TERRITORIAL 

6 HEALTH DEPARTMENTS. 

7 (a) PROGRAM.—The Secretary, acting through the Di8 rector of the Centers for Disease Control and Prevention, 

9 shall establish a core public health infrastructure program 

10 consisting of awarding grants under subsection (b). 

11 (b) GRANTS.— 

12 (1) AWARD.—For the purpose of addressing core 

13 public health infrastructure needs, the Secretary— 

14 (A) shall award a grant to each State 

15 health department; and 

16 (B) may award grants on a competitive 

17 basis to State, local, Tribal, or territorial health 

18 departments. 

19 (2) ALLOCATION.—Of the total amount of funds 

20 awarded as grants under this subsection for a fiscal 

21 year— 

22 (A) not less than 50 percent shall be for 

23 grants to State health departments under para24 graph (1)(A); and 
1214 

•HR 925 EAH 

1 (B) not less than 30 percent shall be for 

2 grants to State, local, Tribal, or territorial 

3 health departments under paragraph (1)(B). 

4 (c) USE OF FUNDS.—A State, local, Tribal, or terri5 torial health department receiving a grant under subsection 

6 (b) shall use the grant funds to address core public health 

7 infrastructure needs, including those identified in the ac8 creditation process under subsection (g). 

9 (d) FORMULA GRANTS TO STATE HEALTH DEPART10 MENTS.—In making grants under subsection (b)(1)(A), the 

11 Secretary shall award funds to each State health depart12 ment in accordance with— 

13 (1) a formula based on population size; burden 

14 of preventable disease and disability; and core public 

15 health infrastructure gaps, including those identified 

16 in the accreditation process under subsection (g); and 

17 (2) application requirements established by the 

18 Secretary, including a requirement that the State 

19 health department submit a plan that demonstrates to 

20 the satisfaction of the Secretary that the State’s health 

21 department will— 

22 (A) address its highest priority core public 

23 health infrastructure needs; and 

24 (B) as appropriate, allocate funds to local 

25 health departments within the State. 
1215 

•HR 925 EAH 

1 (e) COMPETITIVE GRANTS TO STATE, LOCAL, TRIBAL, 

2 AND TERRITORIAL HEALTH DEPARTMENTS.—In making 

3 grants under subsection (b)(1)(B), the Secretary shall give 

4 priority to applicants demonstrating core public health in5 frastructure needs identified in the accreditation process 

6 under subsection (g). 

7 (f) MAINTENANCE OF EFFORT.—The Secretary may 

8 award a grant to an entity under subsection (b) only if 

9 the entity demonstrates to the satisfaction of the Secretary 

10 that— 

11 (1) funds received through the grant will be ex12 pended only to supplement, and not supplant, non13 Federal and Federal funds otherwise available to the 

14 entity for the purpose of addressing core public health 

15 infrastructure needs; and 

16 (2) with respect to activities for which the grant 

17 is awarded, the entity will maintain expenditures of 

18 non-Federal amounts for such activities at a level not 

19 less than the level of such expenditures maintained by 

20 the entity for the fiscal year preceding the fiscal year 

21 for which the entity receives the grant. 

22 (g) ESTABLISHMENT OF A PUBLIC HEALTH ACCREDI23 TATION PROGRAM.— 

24 (1) IN GENERAL.—The Secretary shall— 
1216 

•HR 925 EAH 

1 (A) develop, and periodically review and 

2 update, standards for voluntary accreditation of 

3 State, local, Tribal, and territorial health de4 partments and public health laboratories for the 

5 purpose of advancing the quality and perform6 ance of such departments and laboratories; and 

7 (B) implement a program to accredit such 

8 health departments and laboratories in accord9 ance with such standards. 

10 (2) COOPERATIVE AGREEMENT.—The Secretary 

11 may enter into a cooperative agreement with a pri12 vate nonprofit entity to carry out paragraph (1). 

13 (h) REPORT.—The Secretary shall submit to the Con14 gress an annual report on progress being made to accredit 

15 entities under subsection (g), including— 

16 (1) a strategy, including goals and objectives, for 

17 accrediting entities under subsection (g) and achiev18 ing the purpose described in subsection (g)(1)(A); 

19 (2) identification of gaps in research related to 

20 core public health infrastructure; and 

21 (3) recommendations of priority areas for such 

22 research. 

23 (i) DEFINITION.—In this section, the term ‘‘core public 

24 health infrastructure’’ includes— 

25 (1) workforce capacity and competency; 
1217 

•HR 925 EAH 

1 (2) laboratory systems; 

2 (3) testing capacity, including test platforms, 

3 mobile testing units, and personnel; 

4 (4) health information, health information sys5 tems, and health information analysis; 

6 (5) disease surveillance; 

7 (6) contact tracing; 

8 (7) communications; 

9 (8) financing; 

10 (9) other relevant components of organizational 

11 capacity; and 

12 (10) other related activities. 

13 (j) AUTHORIZATION OF APPROPRIATIONS.—To carry 

14 out this section, there are authorized to be appropriated 

15 $6,000,000,000, to remain available until expended. 

16 SEC. 551. CORE PUBLIC HEALTH INFRASTRUCTURE AND AC17 TIVITIES FOR CDC. 

18 (a) IN GENERAL.—The Secretary, acting through the 

19 Director of the Centers for Disease Control and Prevention, 

20 shall expand and improve the core public health infrastruc21 ture and activities of the Centers for Disease Control and 

22 Prevention to address unmet and emerging public health 

23 needs. 
1218 

•HR 925 EAH 

1 (b) REPORT.—The Secretary shall submit to the Con2 gress an annual report on the activities funded through this 

3 section. 

4 (c) DEFINITION.—In this section, the term ‘‘core public 

5 health infrastructure’’ has the meaning given to such term 

6 in section 550. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

8 out this section, there is authorized to be appropriated 

9 $1,000,000,000, to remain available until expended. 

10 Subtitle D—COVID–19 National 

11 Testing and Contact Tracing 

12 Initiative 

13 SEC. 561. NATIONAL SYSTEM FOR COVID–19 TESTING, CON14 TACT TRACING, SURVEILLANCE, CONTAIN15 MENT, AND MITIGATION. 

16 (a) IN GENERAL.—The Secretary, acting through the 

17 Director of the Centers for Disease Control and Prevention, 

18 and in coordination with State, local, Tribal, and terri19 torial health departments, shall establish and implement a 

20 nationwide evidence-based system for— 

21 (1) testing, contact tracing, surveillance, con22 tainment, and mitigation with respect to COVID–19; 

23 (2) offering guidance on voluntary isolation and 

24 quarantine of individuals infected with, or exposed to 
1219 

•HR 925 EAH 

1 individuals infected with, the virus that causes 

2 COVID–19; and 

3 (3) public reporting on testing, contact tracing, 

4 surveillance, and voluntary isolation and quarantine 

5 activities with respect to COVID–19. 

6 (b) COORDINATION; TECHNICAL ASSISTANCE.—In car7 rying out the national system under this section, the Sec8 retary shall— 

9 (1) coordinate State, local, Tribal, and terri10 torial activities related to testing, contact tracing, 

11 surveillance, containment, and mitigation with re12 spect to COVID–19, as appropriate; and 

13 (2) provide technical assistance for such activi14 ties, as appropriate. 

15 (c) CONSIDERATION.—In establishing and imple16 menting the national system under this section, the Sec17 retary shall take into consideration— 

18 (1) the State plans referred to in the heading 

19 ‘‘Public Health and Social Services Emergency 

20 Fund’’ in title I of division B of the Paycheck Protec21 tion Program and Health Care Enhancement Act 

22 (Public Law 116–139); and 

23 (2) the testing strategy submitted under section 

24 541. 

25 (d) REPORTING.—The Secretary shall— 
1220 

•HR 925 EAH 

1 (1) not later than one month after the date of the 

2 enactment of this Act, submit to the Committee on 

3 Energy and Commerce of the House of Representa4 tives and the Committee on Health, Education, Labor 

5 and Pensions a preliminary report on the effective6 ness of the activities carried out pursuant to this sub7 title; and 

8 (2) not later than three months after the end of 

9 the public health emergency declared pursuant to sec10 tion 319 of the Public Health Service Act (42 U.S.C. 

11 247d) with respect to COVID–19, submit to such com12 mittees a final report on such effectiveness. 

13 SEC. 562. GRANTS. 

14 (a) IN GENERAL.—To implement the national system 

15 under section 561, the Secretary, acting through the Direc16 tor of the Centers for Disease Control and Prevention, shall, 

17 subject to the availability of appropriations, award grants 

18 to State, local, Tribal, and territorial health departments 

19 that seek grants under this section to carry out coordinated 

20 testing, contact tracing, surveillance, containment, and 

21 mitigation with respect to COVID–19, including— 

22 (1) diagnostic and surveillance testing and re23 porting; 

24 (2) community-based contact tracing efforts; and 
1221 

•HR 925 EAH 

1 (3) policies related to voluntary isolation and 

2 quarantine of individuals infected with, or exposed to 

3 individuals infected with, the virus that causes 

4 COVID–19. 

5 (b) FLEXIBILITY.—The Secretary shall ensure that— 

6 (1) the grants under subsection (a) provide flexi7 bility for State, local, Tribal, and territorial health 

8 departments to modify, establish, or maintain evi9 dence-based systems; and 

10 (2) local health departments receive funding from 

11 State health departments or directly from the Centers 

12 for Disease Control and Prevention to contribute to 

13 such systems, as appropriate. 

14 (c) ALLOCATIONS.— 

15 (1) FORMULA.—The Secretary, acting through 

16 the Director of the Centers for Disease Control and 

17 Prevention, shall allocate amounts made available 

18 pursuant to subsection (a) in accordance with a for19 mula to be established by the Secretary that provides 

20 a minimum level of funding to each State, local, 

21 Tribal, and territorial health department that seeks a 

22 grant under this section and allocates additional 

23 funding based on the following prioritization: 

24 (A) The Secretary shall give highest priority 

25 to applicants proposing to serve populations in 
1222 

•HR 925 EAH 

1 one or more geographic regions with a high bur2 den of COVID–19 based on data provided by the 

3 Centers for Disease Control and Prevention, or 

4 other sources as determined by the Secretary. 

5 (B) The Secretary shall give second highest 

6 priority to applicants preparing for, or cur7 rently working to mitigate, a COVID–19 surge 

8 in a geographic region that does not yet have a 

9 high number of reported cases of COVID–19 

10 based on data provided by the Centers for Dis11 ease Control and Prevention, or other sources as 

12 determined by the Secretary. 

13 (C) The Secretary shall give third highest 

14 priority to applicants proposing to serve high 

15 numbers of low-income and uninsured popu16 lations, including medically underserved popu17 lations (as defined in section 330(b)(3) of the 

18 Public Health Service Act (42 U.S.C. 

19 254b(b)(3))), health professional shortage areas 

20 (as defined under section 332(a) of the Public 

21 Health Service Act (42 U.S.C. 254e(a))), racial 

22 and ethnic minorities, or geographically diverse 

23 areas, as determined by the Secretary. 

24 (2) NOTIFICATION.—Not later than the date that 

25 is one week before first awarding grants under this 
1223 

•HR 925 EAH 

1 section, the Secretary shall submit to the Committee 

2 on Energy and Commerce of the House of Representa3 tives and the Committee on Health, Education, Labor 

4 and Pensions of the Senate a notification detailing 

5 the formula established under paragraph (1) for allo6 cating amounts made available pursuant to sub7 section (a). 

8 (d) USE OF FUNDS.—A State, local, Tribal, and terri9 torial health department receiving a grant under this sec10 tion shall, to the extent possible, use the grant funds for 

11 the following activities, or other activities deemed appro12 priate by the Director of the Centers for Disease Control 

13 and Prevention: 

14 (1) TESTING.—To implement a coordinated test15 ing system that— 

16 (A) leverages or modernizes existing testing 

17 infrastructure and capacity; 

18 (B) is consistent with the updated testing 

19 strategy required under section 541; 

20 (C) is coordinated with the State plan for 

21 COVID–19 testing prepared as required under 

22 the heading ‘‘Department of Health and Human 

23 Services—Office of the Secretary—Public Health 

24 and Social Service Emergency Fund’’ in title I 

25 of division B of the Paycheck Protection Pro-
1224 

•HR 925 EAH 

1 gram and Health Care Enhancement Act (Public 

2 Law 116–139; 134 Stat. 620, 624); 

3 (D) is informed by contact tracing and sur4 veillance activities under this subtitle; 

5 (E) is informed by guidelines established by 

6 the Centers for Disease Control and Prevention 

7 for which populations should be tested; 

8 (F) identifies how diagnostic and serological 

9 tests in such system shall be validated prior to 

10 use; 

11 (G) identifies how diagnostic and sero12 logical tests and testing supplies will be distrib13 uted to implement such system; 

14 (H) identifies specific strategies for ensur15 ing testing capabilities and accessibility in ra16 cial and ethnic minority populations; 

17 (I) identifies specific strategies for ensuring 

18 testing capabilities and accessibility in medi19 cally underserved populations (as defined in sec20 tion 330(b)(3) of the Public Health Service Act 

21 (42 U.S.C. 254b(b)(3))), health professional 

22 shortage areas (as defined under section 332(a) 

23 of the Public Health Service Act (42 U.S.C. 

24 254e(a))), and geographically diverse areas, as 

25 determined by the Secretary; 
1225 

•HR 925 EAH 

1 (J) identifies how testing may be used, and 

2 results may be reported, in both health care set3 tings (such as hospitals, laboratories for mod4 erate or high-complexity testing, pharmacies, 

5 mobile testing units, and community health cen6 ters) and non-health care settings (such as work7 places, schools, childcare centers, or drive8 throughs); 

9 (K) allows for testing in sentinel surveil10 lance programs, as appropriate; and 

11 (L) supports the procurement and distribu12 tion of diagnostic and serological tests and test13 ing supplies to meet the goals of the system. 

14 (2) CONTACT TRACING.—To implement a coordi15 nated contact tracing system that— 

16 (A) leverages or modernizes existing contact 

17 tracing systems and capabilities, including com18 munity health workers, health departments, and 

19 Federally qualified health centers; 

20 (B) is able to investigate cases of COVID– 

21 19, and help to identify other potential cases of 

22 COVID–19, through tracing contacts of individ23 uals with positive diagnoses; 

24 (C) establishes culturally competent and 

25 multilingual strategies for contact tracing, ad-
1226 

•HR 925 EAH 

1 dressing the specific needs of racial and ethnic 

2 minority populations, which may include con3 sultation with and support from faith-based, 

4 nonprofit, cultural or civic organizations with 

5 established ties to the community; 

6 (D) establishes culturally competent and 

7 multilingual strategies for contact tracing, ad8 dressing the specific needs of medically under9 served populations (as defined in section 

10 330(b)(3) of the Public Health Service Act (42 

11 U.S.C. 254b(b)(3))), health professional shortage 

12 areas (as defined under section 332(a) of the 

13 Public Health Service Act(42 U.S.C. 2324 

14 254e(a))); 

15 (E) provides individuals identified under 

16 the contact tracing program with information 

17 and support for containment or mitigation; 

18 (F) enables State, local, Tribal, and terri19 torial health departments to work with a non20 governmental, community partner or partners 

21 and State and local workforce development sys22 tems (as defined in section 3(67) of Workforce 

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

24 3102(67))) receiving grants under section 566(b) 

25 of this Act to hire and compensate a locally- 
1227 

•HR 925 EAH 

1 sourced contact tracing workforce, if necessary, 

2 to supplement the public health workforce, to— 

3 (i) identify the number of contact trac4 ers needed for the respective State, locality, 

5 territorial, or Tribal health department to 

6 identify all cases of COVID–19 currently in 

7 the jurisdiction and those anticipated to 

8 emerge over the next 18 months in such ju9 risdiction; 

10 (ii) outline qualifications necessary for 

11 contact tracers; 

12 (iii) train the existing and newly hired 

13 public health workforce on best practices re14 lated to tracing close contacts of individuals 

15 diagnosed with COVID–19, including the 

16 protection of individual privacy and cyber17 security protection; and 

18 (iv) equip the public health workforce 

19 with tools and resources to enable a rapid 

20 response to new cases; 

21 (G) identifies the level of contact tracing 

22 needed within the State, locality, territory, or 

23 Tribal area to contain and mitigate the trans24 mission of COVID–19; and 
1228 

•HR 925 EAH 

1 (H) establishes statewide mechanisms to in2 tegrate regular evaluation to the Centers for Dis3 ease Control and Prevention regarding contact 

4 tracing efforts, makes such evaluation publicly 

5 available, and to the extent possible provides for 

6 such evaluation at the county level. 

7 (3) SURVEILLANCE.—To strengthen the existing 

8 public health surveillance system that— 

9 (A) leverages or modernizes existing surveil10 lance systems within the respective State, local, 

11 Tribal, or territorial health department and na12 tional surveillance systems; 

13 (B) detects and identifies trends in COVID– 

14 19 at the county level; 

15 (C) evaluates State, local, Tribal, and terri16 torial health departments in achieving surveil17 lance capabilities with respect to COVID–19; 

18 (D) integrates and improves disease surveil19 lance and immunization tracking; 

20 (E) identifies specific strategies for ensuring 

21 disease surveillance in racial and ethnic minor22 ity populations; and 

23 (F) identifies specific strategies for ensuring 

24 disease surveillance in medically underserved 

25 populations (as defined in section 330(b)(3) of 
1229 

•HR 925 EAH 

1 the Public Health Service Act (42 U.S.C. 

2 254b(b)(3))), health professional shortage areas 

3 (as defined under section 332(a) of the Public 

4 Health Service Act (42 U.S.C. 254e(a))), and 

5 geographically diverse areas, as determined by 

6 the Secretary. 

7 (4) CONTAINMENT AND MITIGATION.—To imple8 ment a coordinated containment and mitigation sys9 tem that— 

10 (A) leverages or modernizes existing con11 tainment and mitigation strategies within the 

12 respective State, local, Tribal, or territorial gov13 ernments and national containment and mitiga14 tion strategies; 

15 (B) may provide for, connect to, and lever16 age existing social services and support for indi17 viduals who have been infected with or exposed 

18 to COVID–19 and who are isolated or quar19 antined in their homes, such as through— 

20 (i) food assistance programs; 

21 (ii) guidance for household infection 

22 control; 

23 (iii) information and assistance with 

24 childcare services; and 
1230 

•HR 925 EAH 

1 (iv) information and assistance per2 taining to support available under the 

3 CARES Act (Public Law 116–136) and this 

4 Act; 

5 (C) provides guidance on the establishment 

6 of safe, high-quality, facilities for the voluntary 

7 isolation of individuals infected with, or quar8 antine of the contacts of individuals exposed to 

9 COVID–19, where hospitalization is not re10 quired, which facilities should— 

11 (i) be prohibited from making inquir12 ies relating to the citizenship status of an 

13 individual isolated or quarantined; and 

14 (ii) be operated by a non-Federal, com15 munity partner or partners that— 

16 (I) have previously established re17 lationships in localities; 

18 (II) work with local places of wor19 ship, community centers, medical fa20 cilities, and schools to recruit local 

21 staff for such facilities; and 

22 (III) are fully integrated into 

23 State, local, Tribal, or territorial con24 tainment and mitigation efforts; 
1231 

•HR 925 EAH 

1 (D) identifies specific strategies for ensuring 

2 containment and mitigation activities in racial 

3 and ethnic minority populations; and 

4 (E) identifies specific strategies for ensuring 

5 containment and mitigation activities in medi6 cally underserved populations (as defined in sec7 tion 330(b)(3) of the Public Health Service Act 

8 (42 U.S.C. 254b(b)(3))), health professional 

9 shortage areas (as defined under section 332(a) 

10 of the Public Health Service Act (42 U.S.C. 

11 254e(a))), and geographically diverse areas, as 

12 determined by the Secretary. 

13 (e) REPORTING.—The Secretary shall facilitate mecha14 nisms for timely, standardized reporting by grantees under 

15 this section regarding implementation of the systems estab16 lished under this section and coordinated processes with the 

17 reporting as required and under the heading ‘‘Department 

18 of Health and Human Services—Office of the Secretary— 

19 Public Health and Social Service Emergency Fund’’ in title 

20 I of division B of the Paycheck Protection Program and 

21 Health Care Enhancement Act (Public Law 116–139, 134 

22 Stat. 620), including— 

23 (1) a summary of county or local health depart24 ment level information from the States receiving 

25 funding, and information from directly funded local-
1232 

•HR 925 EAH 

1 ities, territories, and Tribal entities, about the activi2 ties that will be undertaken using funding awarded 

3 under this section, including subgrants; 

4 (2) any anticipated shortages of required mate5 rials for testing for COVID–19 under subsection (a); 

6 and 

7 (3) other barriers in the prevention, mitigation, 

8 or treatment of COVID–19 under this section. 

9 (f) PUBLIC LISTING OF AWARDS.—The Secretary 

10 shall— 

11 (1) not later than 7 days after first awarding 

12 grants under this section, post in a searchable, elec13 tronic format a list of all awards made by the Sec14 retary under this section, including the recipients and 

15 amounts of such awards; and 

16 (2) update such list not less than every 7 days 

17 until all funds made available to carry out this sec18 tion are expended. 

19 SEC. 563. GUIDANCE, TECHNICAL ASSISTANCE, INFORMA20 TION, AND COMMUNICATION. 

21 (a) IN GENERAL.— Not later than 14 days after the 

22 date of the enactment of this Act, the Secretary, in coordina23 tion with other Federal agencies, as appropriate, shall issue 

24 guidance, provide technical assistance, and provide infor-
1233 

•HR 925 EAH 

1 mation to States, localities, Tribes, and territories, with re2 spect to the following: 

3 (1) The diagnostic and serological testing of in4 dividuals identified through contact tracing for 

5 COVID–19, including information with respect to the 

6 reduction of duplication related to programmatic ac7 tivities, reporting, and billing. 

8 (2) Best practices regarding contact tracing, in9 cluding the collection of data with respect to such con10 tact tracing and requirements related to the standard11 ization of demographic and syndromic information 

12 collected as part of contact tracing efforts. 

13 (3) Best practices regarding COVID–19 disease 

14 surveillance, including best practices to reduce dupli15 cation in surveillance activities, identifying gaps in 

16 surveillance and surveillance systems, and ways in 

17 which the Secretary plans to effectively support State, 

18 local, Tribal and territorial health departments in 

19 addressing such gaps. 

20 (4) Information on ways for State, local, Tribal, 

21 and territorial health departments to establish and 

22 maintain the testing, contact tracing, and surveil23 lance activities described in paragraphs (1) through 

24 (3). 
1234 

•HR 925 EAH 

1 (5) The protection of any personally identifiable 

2 health information collected pursuant to this subtitle. 

3 (6) Best practices regarding privacy and cyberse4 curity protection related to contact tracing, contain5 ment, and mitigation efforts. 

6 (7) Best practices related to improving public 

7 compliance for isolation and containment measures 

8 and reaching medically underserved communities. 

9 (b) GUIDANCE ON PAYMENT.—Not later than 14 days 

10 after the date of the enactment of this Act, the Secretary, 

11 in coordination with the Administrator of the Centers for 

12 Medicare & Medicaid Services, the Director of the Centers 

13 for Disease Control and Prevention, and in coordination 

14 with other Federal agencies, as appropriate, shall develop 

15 and issue to State, local, Tribal, and territorial health de16 partments clear guidance and policies— 

17 (1) with respect to the coordination of claims 

18 submitted for payment out of the Public Health and 

19 Social Services Emergency Fund for services fur20 nished in a facility referred to in section 

21 562(d)(4)(C); 

22 (2) identifying how an individual who is iso23 lated or quarantined at home or in such a facility— 
1235 

•HR 925 EAH 

1 (A) incurs no out-of-pocket costs for any 

2 services furnished to such individual while iso3 lated; and 

4 (B) may receive income support for lost 

5 earnings or payments for expenses such as child 

6 care or elder care while such individual is iso7 lated at home or in such a facility; 

8 (3) providing information and assistance per9 taining to support available under the CARES Act 

10 (Public Law 116–136) and this Act; and 

11 (4) identifying State, local, Tribal, and terri12 torial health departments or partner agencies that 

13 may provide social support services, such as groceries 

14 or meals, health education, internet access, and behav15 ioral health services, to individuals who isolated or 

16 quarantined at home or in such a facility. 

17 (c) GUIDANCE ON TESTING.—Not later than 14 days 

18 after the date of the enactment of this Act, the Secretary, 

19 in coordination with the Commissioner of Food and Drugs, 

20 the Director of the National Institutes of Health, and the 

21 Director of the Centers for Disease Control and Prevention, 

22 and in coordination with other Federal agencies as appro23 priate, shall develop and issue to State, local, Tribal, and 

24 territorial health departments clear guidance and policies 

25 regarding— 
1236 

•HR 925 EAH 

1 (1) objective standards to characterize the per2 formance of all diagnostic and serological tests for 

3 COVID–19 in order to independently evaluate tests 

4 continuously over time; 

5 (2) protocols for the evaluation of the perform6 ance of diagnostic and serological tests for COVID– 

7 19; and 

8 (3) a repository of characterized specimens to use 

9 to evaluate the performance of those tests that can be 

10 made available for appropriate entities to use to 

11 evaluate performance. 

12 (d) COMMUNICATION.—The Secretary shall identify 

13 and publicly announce the form and manner for commu14 nication with State, local, Tribal, and territorial health de15 partments for purposes of carrying out the activities ad16 dressed by guidance issued under subsections (a) and (b). 

17 (e) AVAILABILITY TO PROVIDERS.—Guidance issued 

18 under subsection (a)(1) shall be issued to health care pro19 viders. 

20 (f) ONGOING PROVISION OF GUIDANCE AND TECH21 NICAL ASSISTANCE.—Notwithstanding whether funds are 

22 available specifically to carry out this subtitle, guidance 

23 and technical assistance shall continue to be provided under 

24 this section. 
1237 

•HR 925 EAH 

1 SEC. 564. RESEARCH AND DEVELOPMENT. 

2 The Secretary, in coordination with the Director of the 

3 Centers for Disease Control and Prevention and in collabo4 ration with the Director of the National Institutes of 

5 Health, the Director of the Agency for Healthcare Research 

6 and Quality, the Commissioner of Food and Drugs, and 

7 the Administrator of the Centers for Medicare & Medicaid 

8 Services, shall support research and development on more 

9 efficient and effective strategies— 

10 (1) for the surveillance of SARS–CoV–2 and 

11 COVID–19; 

12 (2) for the testing and identification of individ13 uals infected with COVID–19; and 

14 (3) for the tracing of contacts of individuals in15 fected with COVID–19. 

16 SEC. 565. AWARENESS CAMPAIGNS. 

17 The Secretary, acting through the Director of the Cen18 ters for Disease Control and Prevention and in coordina19 tion with other offices and agencies, as appropriate, shall 

20 award competitive grants or contracts to one or more public 

21 or private entities, including faith-based organizations, to 

22 carry out multilingual and culturally appropriate aware23 ness campaigns. Such campaigns shall— 

24 (1) be based on available scientific evidence; 
1238 

•HR 925 EAH 

1 (2) increase awareness and knowledge of 

2 COVID–19, including countering stigma associated 

3 with COVID–19; 

4 (3) improve information on the availability of 

5 COVID–19 diagnostic testing; and 

6 (4) promote cooperation with contact tracing ef7 forts. 

8 SEC. 566. GRANTS TO STATE AND TRIBAL WORKFORCE 

9 AGENCIES. 

10 (a) DEFINITIONS.—In this section: 

11 (1) IN GENERAL.—Except as otherwise provided, 

12 the terms in this section have the meanings given the 

13 terms in section 3 of the Workforce Innovation and 

14 Opportunity Act (29 U.S.C. 3102). 

15 (2) APPRENTICESHIP; APPRENTICESHIP PRO16 GRAM.—The term ‘‘apprenticeship’’ or ‘‘apprentice17 ship program’’ means an apprenticeship program 

18 registered under the Act of August 16, 1937 (com19 monly known as the ‘‘National Apprenticeship Act’’) 

20 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), in21 cluding any requirement, standard, or rule promul22 gated under such Act, as such requirement, standard, 

23 or rule was in effect on December 30, 2019. 

24 (3) CONTACT TRACING AND RELATED POSI25 TIONS.—The term ‘‘contact tracing and related posi-
1239 

•HR 925 EAH 

1 tions’’ means employment related to contact tracing, 

2 surveillance, containment, and mitigation activities 

3 as described in paragraphs (2), (3), and (4) of section 

4 562(d). 

5 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) a State or territory, including the Dis8 trict of Columbia and Puerto Rico; 

9 (B) an Indian Tribe, Tribal organization, 

10 Alaska Native entity, Indian-controlled organi11 zations serving Indians, or Native Hawaiian or12 ganizations; 

13 (C) an outlying area; or 

14 (D) a local board, if an eligible entity under 

15 subparagraphs (A) through (C) has not applied 

16 with respect to the area over which the local 

17 board has jurisdiction as of the date on which 

18 the local board submits an application under 

19 subsection (c). 

20 (5) ELIGIBLE INDIVIDUAL.—Notwithstanding 

21 section 170(b)(2) of the Workforce Innovation and 

22 Opportunity Act (29 U.S.C. 3225(b)(2)), the term ‘‘el23 igible individual’’ means an individual seeking or se24 curing employment in contact tracing and related po25 sitions and served by an eligible entity or commu-
1240 

•HR 925 EAH 

1 nity-based organization receiving funding under this 

2 section. 

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

4 the Secretary of Labor. 

5 (b) GRANTS.— 

6 (1) IN GENERAL.—Subject to the availability of 

7 appropriations under subsection (g), the Secretary 

8 shall award national dislocated worker grants under 

9 section 170(b)(1)(B) of the Workforce Innovation and 

10 Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to each 

11 eligible entity that seeks a grant to assist local boards 

12 and community-based organizations in carrying out 

13 activities under subsections (f) and (d), respectively, 

14 for the following purposes: 

15 (A) To support the recruitment, placement, 

16 and training, as applicable, of eligible individ17 uals seeking employment in contact tracing and 

18 related positions in accordance with the national 

19 system for COVID–19 testing, contact tracing, 

20 surveillance, containment, and mitigation estab21 lished under section 561. 

22 (B) To assist with the employment transi23 tion to new employment or education and train24 ing of individuals employed under this section in 
1241 

•HR 925 EAH 

1 preparation for and upon termination of such 

2 employment. 

3 (2) TIMELINE.—The Secretary of Labor shall— 

4 (A) issue application requirements under 

5 subsection (c) not later than 10 days after the 

6 date of enactment of this section; and 

7 (B) award grants to an eligible entity 

8 under paragraph (1) not later than 10 days 

9 after the date on which the Secretary receives an 

10 application from such entity. 

11 (c) GRANT APPLICATION.—An eligible entity applying 

12 for a grant under this section shall submit an application 

13 to the Secretary, at such time and in such form and manner 

14 as the Secretary may reasonably require, which shall in15 clude a description of— 

16 (1) how the eligible entity will support the re17 cruitment, placement, and training, as applicable, of 

18 eligible individuals seeking employment in contact 

19 tracing and related positions by partnering with— 

20 (A) a State, local, Tribal, or territorial 

21 health department; or 

22 (B) one or more nonprofit or community23 based organizations partnering with such health 

24 departments; 
1242 

•HR 925 EAH 

1 (2) how the activities described in paragraph (1) 

2 will support State efforts to address the demand for 

3 contact tracing and related positions with respect 

4 to— 

5 (A) the State plans referred to in the head6 ing ‘‘Public Health and Social Services Emer7 gency Fund’’ in title I of division B of the Pay8 check Protection Program and Health Care En9 hancement Act (Public Law 116–139); 

10 (B) the testing strategy submitted under sec11 tion 541; and 

12 (C) the number of eligible individuals that 

13 the State plans to recruit and train under the 

14 plans and strategies described in subparagraphs 

15 (A) and (B); 

16 (3) the specific strategies for recruiting and 

17 placement of eligible individuals from or residing 

18 within the communities in which they will work, in19 cluding— 

20 (A) plans for the recruitment of eligible in21 dividuals to serve as contact tracers and related 

22 positions, including dislocated workers, individ23 uals with barriers to employment, veterans, new 

24 entrants in the workforce, or underemployed or 

25 furloughed workers, who are from or reside in or 
1243 

•HR 925 EAH 

1 near the local area in which they will serve, and 

2 who, to the extent practicable— 

3 (i) have experience or a background in 

4 industry-sectors and occupations such as 

5 public health, social services, customer serv6 ice, case management, or occupations that 

7 require related qualifications, skills, or com8 petencies, such as strong interpersonal and 

9 communication skills, needed for contact 

10 tracing and related positions, as described 

11 in section 562(d)(2)(E)(ii); or 

12 (ii) seek to transition to public health 

13 and public health related occupations upon 

14 the conclusion of employment in contact 

15 tracing and related positions; and 

16 (B) how such strategies will take into ac17 count the diversity of such community, including 

18 racial, ethnic, socioeconomic, linguistic, or geo19 graphic diversity; 

20 (4) the amount, timing, and mechanisms for dis21 tribution of funds provided to local boards or through 

22 subgrants as described in subsection (d); 

23 (5) for eligible entities described in subpara24 graphs (A) through (C) of subsection (a)(4), a descrip-
1244 

•HR 925 EAH 

1 tion of how the eligible entity will ensure the equitable 

2 distribution of funds with respect to— 

3 (A) geography (such as urban and rural 

4 distribution); 

5 (B) medically underserved populations (as 

6 defined in section 33(b)(3) of the Public Health 

7 Service Act (42 U.S.C. 254b(b))); 

8 (C) health professional shortage areas (as 

9 defined under section 332(a) of the Public Health 

10 Service Act (42 U.S.C. 254e(a))); and 

11 (D) the racial and ethnic diversity of the 

12 area; and 

13 (6) for eligible entities who are local boards, a 

14 description of how a grant to such eligible entity 

15 would serve the equitable distribution of funds as de16 scribed in paragraph (5). 

17 (d) SUBGRANT AUTHORIZATION AND APPLICATION

18 PROCESS.— 

19 (1) IN GENERAL.—An eligible entity may award 

20 a subgrant to one or more community-based organiza21 tions for the purposes of partnering with a State or 

22 local board to conduct outreach and education activi23 ties to inform potentially eligible individuals about 

24 employment opportunities in contact tracing and re25 lated positions. 
1245 

•HR 925 EAH 

1 (2) APPLICATION.—A community-based organi2 zation shall submit an application at such time and 

3 in such manner as the eligible entity may reasonably 

4 require, including— 

5 (A) a demonstration of the community6 based organization’s established expertise and ef7 fectiveness in community outreach in the local 

8 area that such organization plans to serve; 

9 (B) a demonstration of the community10 based organization’s expertise in providing em11 ployment or public health information to the 

12 local areas in which such organization plans to 

13 serve; and 

14 (C) a description of the expertise of the com15 munity-based organization in utilizing cul16 turally competent and multilingual strategies in 

17 the provision of services. 

18 (e) GRANT DISTRIBUTION.— 

19 (1) FEDERAL DISTRIBUTION.— 

20 (A) USE OF FUNDS.— The Secretary of 

21 Labor shall use the funds appropriated to carry 

22 out this section as follows: 

23 (i) Subject to clause (ii), the Secretary 

24 shall distribute funds among eligible entities 

25 in accordance with a formula to be estab-
1246 

•HR 925 EAH 

1 lished by the Secretary that provides a min2 imum level of funding to each eligible entity 

3 that seeks a grant under this section and al4 locates additional funding as follows: 

5 (I) The formula shall give first 

6 priority based on the number and pro7 portion of contact tracing and related 

8 positions that the State plans to re9 cruit, place, and train individuals as a 

10 part of the State strategy described in 

11 subsection (c)(2)(A). 

12 (II) Subject to subclause (I), the 

13 formula shall give priority in accord14 ance with section 562(c). 

15 (ii) Not more than 2 percent of the 

16 funding for administration of the grants 

17 and for providing technical assistance to re18 cipients of funds under this section. 

19 (B) EQUITABLE DISTRIBUTION.—If the geo20 graphic region served by one or more eligible en21 tities overlaps, the Secretary shall distribute 

22 funds among such entities in such a manner that 

23 ensures equitable distribution with respect to the 

24 factors under subsection (c)(5). 
1247 

•HR 925 EAH 

1 (2) ELIGIBLE ENTITY USE OF FUNDS.—An eligi2 ble entity described in subparagraphs (A) through (C) 

3 of subsection (a)(4)— 

4 (A) shall, not later than 30 days after the 

5 date on which the entity receives grant funds 

6 under this section, provide not less than 70 per7 cent of grant funds to local boards for the pur8 pose of carrying out activities in subsection (f); 

9 (B) may use up to 20 percent of such funds 

10 to make subgrants to community-based organiza11 tions in the service area to conduct outreach, to 

12 potential eligible individuals, as described in 

13 subsection (d); 

14 (C) in providing funds to local boards and 

15 awarding subgrants under this subsection shall 

16 ensure the equitable distribution with respect to 

17 the factors described in subsection (c)(5); and 

18 (D) may use not more than 10 percent of 

19 the funds awarded under this section for the ad20 ministrative costs of carrying out the grant and 

21 for providing technical assistance to local boards 

22 and community-based organizations. 

23 (3) LOCAL BOARD USE OF FUNDS.—A local 

24 board, or an eligible entity that is a local board, shall 

25 use— 
1248 

•HR 925 EAH 

1 (A) not less than 60 percent of the funds for 

2 recruitment and training for COVID–19 testing, 

3 contact tracing, surveillance, containment, and 

4 mitigation established under section 561; 

5 (B) not less than 30 of the funds to support 

6 the transition of individuals hired as contact 

7 tracers and related positions into an education 

8 or training program, or unsubsidized employ9 ment upon completion of such positions; and 

10 (C) not more than 10 percent of the funds 

11 for administrative costs. 

12 (f) ELIGIBLE ACTIVITIES.—The State or local boards 

13 shall use funds awarded under this section to support the 

14 recruitment and placement of eligible individuals, training 

15 and employment transition as related to contact tracing 

16 and related positions, and for the following activities: 

17 (1) Establishing or expanding partnerships 

18 with— 

19 (A) State, local, Tribal, and territorial pub20 lic health departments; 

21 (B) community-based health providers, in22 cluding community health centers and rural 

23 health clinics; 

24 (C) labor organizations or joint labor man25 agement organizations; 
1249 

•HR 925 EAH 

1 (D) two-year and four-year institutions of 

2 higher education (as defined in section 101 of the 

3 Higher Education Act of 1965 (20 U.S.C. 

4 1001)), including institutions eligible to receive 

5 funds under section 371(a) of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1067q(a)); and 

7 (E) community action agencies or other 

8 community-based organizations serving local 

9 areas in which there is a demand for contact 

10 tracing and related positions. 

11 (2) Providing training for contact tracing and 

12 related positions in coordination with State, local, 

13 Tribal, or territorial health departments that is con14 sistent with the State or territorial testing and con15 tact tracing strategy, and ensuring that eligible indi16 viduals receive compensation while participating in 

17 such training. 

18 (3) Providing eligible individuals with— 

19 (A) adequate and safe equipment, environ20 ments, and facilities for training and super21 vision, as applicable; 

22 (B) information regarding the wages and 

23 benefits related to contact tracing and related po24 sitions, as compared to State, local, and national 

25 averages; 
1250 

•HR 925 EAH 

1 (C) supplies and equipment needed by the 

2 eligible individuals to support placement of an 

3 individual in contact tracing and related posi4 tions, as applicable; 

5 (D) an individualized employment plan for 

6 each eligible individual, as applicable— 

7 (i) in coordination with the entity em8 ploying the eligible individual in a contact 

9 tracing and related positions; and 

10 (ii) which shall include providing a 

11 case manager to work with each eligible in12 dividual to develop the plan, which may in13 clude— 

14 (I) identifying employment and 

15 career goals, and setting appropriate 

16 achievement objectives to attain such 

17 goals; and 

18 (II) exploring career pathways 

19 that lead to in-demand industries and 

20 sectors, including in public health and 

21 related occupations; and 

22 (E) services for the period during which the 

23 eligible individual is employed in a contact trac24 ing and related position to ensure job retention, 

25 which may include— 
1251 

•HR 925 EAH 

1 (i) supportive services throughout the 

2 term of employment; 

3 (ii) a continuation of skills training as 

4 related to employment in contact tracing 

5 and related positions, that is conducted in 

6 collaboration with the employers of such in7 dividuals; 

8 (iii) mentorship services and job reten9 tion support for eligible individuals; or 

10 (iv) targeted training for managers 

11 and workers working with eligible individ12 uals (such as mentors), and human resource 

13 representatives; 

14 (4) Supporting the transition and placement in 

15 unsubsidized employment for eligible individuals serv16 ing in contact tracing and related positions after such 

17 positions are no longer necessary in the State or local 

18 area, including— 

19 (A) any additional training and employ20 ment activities as described in section 170(d)(4) 

21 of the Workforce Innovation and Opportunity 

22 Act (29 U.S.C. 3225(d)(4)); 

23 (B) developing the appropriate combination 

24 of services to enable the eligible individual to 
1252 

•HR 925 EAH 

1 achieve the employment and career goals identi2 fied under paragraph (3)(D)(ii)(I); and 

3 (C) services to assist eligible individuals in 

4 maintaining employment for not less than 12 

5 months after the completion of employment in 

6 contact tracing and related positions, as appro7 priate. 

8 (5) Any other activities as described in sub9 sections (a)(3) and (b) of section 134 of the Workforce 

10 Innovation and Opportunity Act (29 U.S.C. 3174). 

11 (g) LIMITATION.—Notwithstanding section 

12 170(d)(3)(A) of the Workforce Innovation and Opportunity 

13 Act (29 U.S.C. 3225(d)(3)(A)), a person may be employed 

14 in a contact tracing and related positions using funds 

15 under this section for a period not greater than 2 years. 

16 (h) REPORTING BY THE DEPARTMENT OF LABOR.— 

17 (1) IN GENERAL.—Not later than 120 days of the 

18 enactment of this Act, and once grant funds have been 

19 expended under this section, the Secretary shall report 

20 to the Committee on Education and Labor of the 

21 House of Representatives and the Committee on 

22 Health, Education, Labor and Pensions of the Senate, 

23 and make publicly available a report containing a de24 scription of— 
1253 

•HR 925 EAH 

1 (A) the number of eligible individuals re2 cruited, hired, and trained in contact tracing 

3 and related positions; 

4 (B) the number of individuals successfully 

5 transitioned to unsubsidized employment or 

6 training at the completion of employment in 

7 contact tracing and related positions using funds 

8 under this subtitle; 

9 (C) the number of such individuals who 

10 were unemployed prior to being hired, trained, 

11 or deployed as described in paragraph (1); 

12 (D) the performance of each program sup13 ported by funds under this subtitle with respect 

14 to the indicators of performance under section 

15 116 of the Workforce Innovation and Oppor16 tunity Act (29 U.S.C. 3141), as applicable; 

17 (E) the number of individuals in unsub18 sidized employment within six months and 1 

19 year, respectively, of the conclusion of employ20 ment in contact tracing and related positions 

21 and, of those, the number of individuals within 

22 a State, territorial, or local public health depart23 ment in an occupation related to public health; 

24 (F) any information on how eligible enti25 ties, local boards, or community-based organiza-
1254 

•HR 925 EAH 

1 tions that received funding under this subsection 

2 were able to support the goals of the national 

3 system for COVID–19 testing, contact tracing, 

4 surveillance, containment, and mitigation estab5 lished under section 561 of this Act; and 

6 (G) best practices for improving and in7 creasing the transition of individuals employed 

8 in contract tracing and related positions to un9 subsidized employment. 

10 (2) DISAGGREGATION.—All data reported under 

11 paragraph (1) shall be disaggregated by race, eth12 nicity, sex, age, and, with respect to individuals with 

13 barriers to employment, subpopulation of such indi14 viduals, except for when the number of participants 

15 in a category is insufficient to yield statistically reli16 able information or when the results would reveal per17 sonally identifiable information about an individual 

18 participant. 

19 (i) SPECIAL RULE.—Any funds used for programs 

20 under this section that are used to fund an apprenticeship 

21 or apprenticeship program shall only be used for, or pro22 vided to, an apprenticeship or apprenticeship program that 

23 meets the definition of such term subsection (a) of this sec24 tion, including any funds awarded for the purposes of 

25 grants, contracts, or cooperative agreements, or the develop-
1255 

•HR 925 EAH 

1 ment, implementation, or administration, of an apprentice2 ship or an apprenticeship program. 

3 (j) INFORMATION SHARING REQUIREMENT FOR

4 HHS.—The Secretary of Health and Human Services, act5 ing through the Director of the Centers for Disease Control 

6 and Prevention, shall provide the Secretary of Labor, acting 

7 through the Assistant Secretary of the Employment and 

8 Training Administration, with information on grants 

9 under section 562, including— 

10 (1) the formula used to award such grants to 

11 State, local, Tribal, and territorial health depart12 ments; 

13 (2) the dollar amounts of and scope of the work 

14 funded under such grants; 

15 (3) the geographic areas served by eligible enti16 ties that receive such grants; and 

17 (4) the number of contact tracers and related po18 sitions to be hired using such grants. 

19 (k) AUTHORIZATION OF APPROPRIATIONS.—Of the 

20 amounts appropriated to carry out this subtitle, 

21 $500,000,000 shall be used by the Secretary of Labor to 

22 carry out subsections (a) through (h) of this section. 
1256 

•HR 925 EAH 

1 SEC. 567. APPLICATION OF THE SERVICE CONTRACT ACT TO 

2 CONTRACTS AND GRANTS. 

3 Contracts and grants which include contact tracing as 

4 part of the scope of work and that are awarded under this 

5 subtitle shall require that contract tracers and related posi6 tions are paid not less than the prevailing wage and fringe 

7 rates required under chapter 67 of title 41, United States 

8 Code (commonly known as the ‘‘Service Contract Act’’) for 

9 the area in which the work is performed. To the extent that 

10 a nonstandard wage determination is required to establish 

11 a prevailing wage for contact tracers and related positions 

12 for purposes of this subtitle, the Secretary of Labor shall 

13 issue such determination not later than 14 days after the 

14 date of enactment of this Act, based on a job description 

15 used by the Centers for Disease Control and Prevention and 

16 contractors or grantees performing contact tracing for State 

17 public health agencies. 

18 SEC. 568. AUTHORIZATION OF APPROPRIATIONS. 

19 To carry out this subtitle, there are authorized to be 

20 appropriated $75,000,000,000, to remain available until 

21 expended. 
1257 

•HR 925 EAH 

1 Subtitle E—Demographic Data and 

2 Supply Reporting Related to 

3 COVID–19 

4 SEC. 571. COVID–19 REPORTING PORTAL. 

5 (a) IN GENERAL.—Not later than 15 days after the 

6 date of enactment of this Act, the Secretary shall establish 

7 and maintain an online portal for use by eligible health 

8 care entities to track and transmit data regarding their 

9 personal protective equipment and medical supply inven10 tory and capacity related to COVID–19. 

11 (b) ELIGIBLE HEALTH CARE ENTITIES.—In this sec12 tion, the term ‘‘eligible health care entity’’ means a licensed 

13 acute care hospital, hospital system, or long-term care facil14 ity with confirmed cases of COVID–19. 

15 (c) SUBMISSION.—An eligible health care entity shall 

16 report using the portal under this section on a biweekly 

17 basis in order to assist the Secretary in tracking usage and 

18 need of COVID–related supplies and personnel in a regular 

19 and real-time manner. 

20 (d) INCLUDED INFORMATION.—The Secretary shall de21 sign the portal under this section to include information 

22 on personal protective equipment and medical supply in23 ventory and capacity related to COVID–19, including with 

24 respect to the following: 
1258 

•HR 925 EAH 

1 (1) PERSONAL PROTECTIVE EQUIPMENT.—Total 

2 personal protective equipment inventory, including, 

3 in units, the numbers of N95 masks and authorized 

4 equivalent respirator masks, surgical masks, exam 

5 gloves, face shields, isolation gowns, and coveralls. 

6 (2) MEDICAL SUPPLY.— 

7 (A) Total ventilator inventory, including, 

8 in units, the number of universal, adult, pedi9 atric, and infant ventilators. 

10 (B) Total diagnostic and serological test in11 ventory, including, in units, the number of test 

12 platforms, tests, test kits, reagents, transport 

13 media, swabs, and other materials or supplies 

14 determined necessary by the Secretary. 

15 (3) CAPACITY.— 

16 (A) Case count measurements, including 

17 confirmed positive cases and persons under in18 vestigation. 

19 (B) Total number of staffed beds, including 

20 medical surgical beds, intensive care beds, and 

21 critical care beds. 

22 (C) Available beds, including medical sur23 gical beds, intensive care beds, and critical care 

24 beds. 
1259 

•HR 925 EAH 

1 (D) Total number of COVID–19 patients 

2 currently utilizing a ventilator. 

3 (E) Average number of days a COVID–19 

4 patient is utilizing a ventilator. 

5 (F) Total number of additionally needed 

6 professionals in each of the following categories: 

7 intensivists, critical care physicians, respiratory 

8 therapists, registered nurses, certified registered 

9 nurse anesthetists, and laboratory personnel. 

10 (G) Total number of hospital personnel cur11 rently not working due to self-isolation following 

12 a known or presumed COVID–19 exposure. 

13 (e) ACCESS TO INFORMATION RELATED TO INVENTORY

14 AND CAPACITY.—The Secretary shall ensure that relevant 

15 agencies and officials, including the Centers for Disease 

16 Control and Prevention, the Assistant Secretary for Pre17 paredness and Response, and the Federal Emergency Man18 agement Agency, have access to information related to in19 ventory and capacity submitted under this section. 

20 (f) WEEKLY REPORT TO CONGRESS.—On a weekly 

21 basis, the Secretary shall transmit information related to 

22 inventory and capacity submitted under this section to the 

23 appropriate committees of the House and Senate. 
1260 

•HR 925 EAH 

1 SEC. 572. REGULAR CDC REPORTING ON DEMOGRAPHIC 

2 DATA. 

3 Not later than 14 days after the date of enactment of 

4 this Act, the Secretary, in coordination with the Director 

5 of the Centers for Disease Control and Prevention, shall 

6 amend the reporting under the heading ‘‘Department of 

7 Health and Human Services—Office of the Secretary— 

8 Public Health and Social Service Emergency Fund’’ in title 

9 I of division B of the Paycheck Protection Program and 

10 Health Care Enhancement Act (Public Law 116–139; 134 

11 Stat. 620, 626) on the demographic characteristics, includ12 ing race, ethnicity, age, sex, gender, geographic region, and 

13 other relevant factors of individuals tested for or diagnosed 

14 with COVID–19, to include— 

15 (1) providing technical assistance to State, local, 

16 and territorial health departments to improve the col17 lection and reporting of such demographic data; 

18 (2) if such data is not so collected or reported, 

19 the reason why the State, local, or territorial depart20 ment of health has not been able to collect or provide 

21 such information; and 

22 (3) making a copy of such report available pub23 licly on the website of the Centers for Disease Control 

24 and Prevention. 
1261 

•HR 925 EAH 

1 SEC. 573. FEDERAL MODERNIZATION FOR HEALTH INEQUI2 TIES DATA. 

3 (a) IN GENERAL.—The Secretary shall work with cov4 ered agencies to support the modernization of data collec5 tion methods and infrastructure at such agencies for the 

6 purpose of increasing data collection related to health in7 equities, such as racial, ethnic, socioeconomic, sex, gender, 

8 and disability disparities. 

9 (b) COVERED AGENCY DEFINED.—In this section, the 

10 term ‘‘covered agency’’ means each of the following Federal 

11 agencies: 

12 (1) The Agency for Healthcare Research and 

13 Quality. 

14 (2) The Centers for Disease Control and Preven15 tion. 

16 (3) The Centers for Medicare & Medicaid Serv17 ices. 

18 (4) The Food and Drug Administration. 

19 (5) The Office of the National Coordinator for 

20 Health Information Technology. 

21 (6) The National Institutes of Health. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to each covered agency to 

24 carry out this section $4,000,000, to remain available until 

25 expended. 
1262 

•HR 925 EAH 

1 SEC. 574. MODERNIZATION OF STATE AND LOCAL HEALTH 

2 INEQUITIES DATA. 

3 (a) IN GENERAL.—Not later than 6 months after the 

4 date of enactment of this Act, the Secretary, acting through 

5 the Director of the Centers for Disease Control and Preven6 tion, shall award grants to State, local, and territorial 

7 health departments in order to support the modernization 

8 of data collection methods and infrastructure for the pur9 poses of increasing data related to health inequities, such 

10 as racial, ethnic, socioeconomic, sex, gender, and disability 

11 disparities. The Secretary shall— 

12 (1) provide guidance, technical assistance, and 

13 information to grantees under this section on best 

14 practices regarding culturally competent, accurate, 

15 and increased data collection and transmission; and 

16 (2) track performance of grantees under this sec17 tion to help improve their health inequities data col18 lection by identifying gaps and taking effective steps 

19 to support States, localities, and territories in ad20 dressing the gaps. 

21 (b) REPORT.—Not later than 1 year after the date on 

22 which the first grant is awarded under this section, the Sec23 retary shall submit to the Committee on Energy and Com24 merce of the House of Representatives and the Committee 

25 on Health, Education, Labor and Pensions of the Senate 

26 an initial report detailing— 
1263 

•HR 925 EAH 

1 (1) nationwide best practices for ensuring States 

2 and localities collect and transmit health inequities 

3 data; 

4 (2) nationwide trends which hinder the collection 

5 and transmission of health inequities data; 

6 (3) Federal best practices for working with 

7 States and localities to ensure culturally competent, 

8 accurate, and increased data collection and trans9 mission; and 

10 (4) any recommended changes to legislative or 

11 regulatory authority to help improve and increase 

12 health inequities data collection. 

13 (c) FINAL REPORT.—Not later than three months after 

14 the end of the public health emergency declared pursuant 

15 to section 319 of the Public Health Service Act (42 U.S.C. 

16 247d) with respect to COVID–19, the Secretary shall— 

17 (1) update and finalize the initial report under 

18 subsection (b); and 

19 (2) submit such final report to the committees 

20 specified in such subsection. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $100,000,000, to remain available until expended. 
1264 

•HR 925 EAH 

1 SEC. 575. TRIBAL FUNDING TO RESEARCH HEALTH INEQUI2 TIES INCLUDING COVID–19. 

3 (a) IN GENERAL.—Not later than 6 months after the 

4 date of enactment of this Act, the Director of the Indian 

5 Health Service, in coordination with Tribal Epidemiology 

6 Centers and other Federal agencies, as appropriate, shall 

7 conduct or support research and field studies for the pur8 poses of improved understanding of Tribal health inequities 

9 among American Indians and Alaska Natives, including 

10 with respect to— 

11 (1) disparities related to COVID–19; 

12 (2) public health surveillance and infrastructure 

13 regarding unmet needs in Indian country and Urban 

14 Indian communities; 

15 (3) population-based health disparities; 

16 (4) barriers to health care services; 

17 (5) the impact of socioeconomic status; and 

18 (6) factors contributing to Tribal health inequi19 ties. 

20 (b) CONSULTATION, CONFER, AND COORDINATION.—In 

21 carrying out this section, the Director of the Indian Health 

22 Service shall— 

23 (1) consult with Indian Tribes and Tribal orga24 nizations; 

25 (2) confer with Urban Indian organizations; and 
1265 

•HR 925 EAH 

1 (3) coordinate with the Director of the Centers 

2 for Disease Control and Prevention and the Director 

3 of the National Institutes of Health. 

4 (c) PROCESS.—Not later than 60 days after the date 

5 of enactment of this Act, the Director of the Indian Health 

6 Service shall establish a nationally representative panel to 

7 establish processes and procedures for the research and field 

8 studies conducted or supported under subsection (a). The 

9 Director shall ensure that, at a minimum, the panel con10 sists of the following individuals: 

11 (1) Elected Tribal leaders or their designees. 

12 (2) Tribal public health practitioners and ex13 perts from the national and regional levels. 

14 (d) DUTIES.—The panel established under subsection 

15 (c) shall, at a minimum— 

16 (1) advise the Director of the Indian Health 

17 Service on the processes and procedures regarding the 

18 design, implementation, and evaluation of, and re19 porting on, research and field studies conducted or 

20 supported under this section; 

21 (2) develop and share resources on Tribal public 

22 health data surveillance and reporting, including best 

23 practices; and 

24 (3) carry out such other activities as may be ap25 propriate to establish processes and procedures for the 
1266 

•HR 925 EAH 

1 research and field studies conducted or supported 

2 under subsection (a). 

3 (e) REPORT.—Not later than 1 year after expending 

4 all funds made available to carry out this section, the Direc5 tor of the Indian Health Service, in coordination with the 

6 panel established under subsection (c), shall submit an ini7 tial report on the results of the research and field studies 

8 under this section to— 

9 (1) the Committee on Energy and Commerce and 

10 the Committee on Natural Resources of the House of 

11 Representatives; and 

12 (2) the Committee on Indian Affairs and the 

13 Committee on Health, Education, Labor and Pen14 sions of the Senate. 

15 (f) TRIBAL DATA SOVEREIGNTY.—The Director of the 

16 Indian Health Service shall ensure that all research and 

17 field studies conducted or supported under this section are 

18 tribally-directed and carried out in a manner which en19 sures Tribal-direction of all data collected under this sec20 tion— 

21 (1) according to Tribal best practices regarding 

22 research design and implementation, including by en23 suring the consent of the Tribes involved to public re24 porting of Tribal data; 
1267 

•HR 925 EAH 

1 (2) according to all relevant and applicable 

2 Tribal, professional, institutional, and Federal stand3 ards for conducting research and governing research 

4 ethics; 

5 (3) with the prior and informed consent of any 

6 Indian Tribe participating in the research or sharing 

7 data for use under this section; and 

8 (4) in a manner that respects the inherent sov9 ereignty of Indian Tribes, including Tribal govern10 ance of data and research. 

11 (g) FINAL REPORT.—Not later than three months after 

12 the end of the public health emergency declared pursuant 

13 to section 319 of the Public Health Service Act (42 U.S.C. 

14 247d) with respect to COVID–19, the Director of the Indian 

15 Health Service shall— 

16 (1) update and finalize the initial report under 

17 subsection (e); and 

18 (2) submit such final report to the committees 

19 specified in such subsection. 

20 (h) DEFINITIONS.—In this section: 

21 (1) The terms ‘‘Indian Tribe’’ and ‘‘Tribal orga22 nization’’ have the meanings given to such terms in 

23 section 4 of the Indian Self-Determination and Edu24 cation Assistance Act (25 U.S.C. 5304). 
1268 

•HR 925 EAH 

1 (2) The term ‘‘Urban Indian organization’’ has 

2 the meaning given to such term in section 4 of the In3 dian Health Care Improvement Act (25 U.S.C. 1603). 

4 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $25,000,000, to remain available until expended. 

7 SEC. 576. CDC FIELD STUDIES PERTAINING TO SPECIFIC 

8 HEALTH INEQUITIES. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of enactment of this Act, the Secretary, acting through 

11 the Centers for Disease Control and Prevention, in collabo12 ration with State, local, and territorial health departments, 

13 shall complete (by the reporting deadline in subsection (b)) 

14 field studies to better understand health inequities that are 

15 not currently tracked by the Secretary. Such studies shall 

16 include an analysis of— 

17 (1) the impact of socioeconomic status on health 

18 care access and disease outcomes, including COVID– 

19 19 outcomes; 

20 (2) the impact of disability status on health care 

21 access and disease outcomes, including COVID–19 

22 outcomes; 

23 (3) the impact of language preference on health 

24 care access and disease outcomes, including COVID– 

25 19 outcomes; 
1269 

•HR 925 EAH 

1 (4) factors contributing to disparities in health 

2 outcomes for the COVID–19 pandemic; and 

3 (5) other topics related to disparities in health 

4 outcomes for the COVID–19 pandemic, as determined 

5 by the Secretary. 

6 (b) REPORT.—Not later than December 31, 2021, the 

7 Secretary shall submit to the Committee on Energy and 

8 Commerce of the House of Representatives and the Com9 mittee on Health, Education, Labor and Pensions of the 

10 Senate an initial report on the results of the field studies 

11 under this section. 

12 (c) FINAL REPORT.—Not later than three months after 

13 the end of the public health emergency declared pursuant 

14 to section 319 of the Public Health Service Act (42 U.S.C. 

15 247d) with respect to COVID–19, the Secretary shall— 

16 (1) update and finalize the initial report under 

17 subsection (b); and 

18 (2) submit such final report to the committees 

19 specified in such subsection. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $25,000,000, to remain available until expended. 
1270 

•HR 925 EAH 

1 SEC. 577. ADDITIONAL REPORTING TO CONGRESS ON THE 

2 RACE AND ETHNICITY RATES OF COVID–19 

3 TESTING, HOSPITALIZATIONS, AND MORTALI4 TIES. 

5 (a) IN GENERAL.—Not later than 30 days after the 

6 date of enactment of this Act, the Secretary shall submit 

7 to the Committee on Appropriations and the Committee on 

8 Energy and Commerce of the House of Representatives and 

9 the Committee on Appropriations and the Committee on 

10 Health, Education, Labor and Pensions of the Senate an 

11 initial report— 

12 (1) describing the testing, positive diagnoses, hos13 pitalization, intensive care admissions, and mortality 

14 rates associated with COVID–19, disaggregated by 

15 race, ethnicity, age, sex, gender, geographic region, 

16 and other relevant factors as determined by the Sec17 retary; 

18 (2) including an analysis of any variances of 

19 testing, positive diagnoses, hospitalizations, and 

20 deaths by demographic characteristics; and 

21 (3) including proposals for evidenced-based re22 sponse strategies to reduce disparities related to 

23 COVID–19. 

24 (b) FINAL REPORT.—Not later than three months after 

25 the end of the public health emergency declared pursuant 
1271 

•HR 925 EAH 

1 to section 319 of the Public Health Service Act (42 U.S.C. 

2 247d) with respect to COVID–19, the Secretary shall— 

3 (1) update and finalize the initial report under 

4 subsection (a); and 

5 (2) submit such final report to the committees 

6 specified in such subsection. 

7 (c) COORDINATION.—In preparing the report sub8 mitted under this section, the Secretary shall take into ac9 count and otherwise coordinate such report with reporting 

10 required under section 572 and under the heading ‘‘Depart11 ment of Health and Human Services—Office of the Sec12 retary—Public Health and Social Service Emergency 

13 Fund’’ in title I of division B of the Paycheck Protection 

14 Program and Health Care Enhancement Act (Public Law 

15 116–139; 134 Stat. 620, 626). 

16 Subtitle F—Miscellaneous 

17 SEC. 581. TECHNICAL CORRECTIONS TO AMENDMENTS 

18 MADE BY CARES ACT. 

19 (a) The amendments made by this section shall take 

20 effect as if included in the enactment of the CARES Act 

21 (Public Law 116–136). 

22 (b) Section 3112 of division A of the CARES Act (Pub23 lic Law 116–136) is amended— 

24 (1) in subsection (a)(2)(A), by striking the 

25 comma before ‘‘or a permanent’’; 
1272 

•HR 925 EAH 

1 (2) in subsection (d)(1), by striking ‘‘and sub2 paragraphs (A) and (B)’’ and inserting ‘‘as subpara3 graphs (A) and (B)’’; and 

4 (3) in subsection (e), by striking ‘‘Drug, Cos5 metic Act’’ and inserting ‘‘Drug, and Cosmetic Act’’. 

6 (c) Section 6001(a)(1)(D) of division F of the Families 

7 First Coronavirus Response Act (Public Law 116–127), as 

8 amended by section 3201 of division A of the CARES Act 

9 (Public Law 116–136), is amended by striking ‘‘other test 

10 that’’. 

11 (d) Subsection (k)(9) of section 543 of the Public 

12 Health Service Act (42 U.S.C. 290dd–2), as added by sec13 tion 3221(d) of division A of the CARES Act (Public Law 

14 116–136), is amended by striking ‘‘unprotected health infor15 mation’’ and inserting ‘‘unsecured protected health infor16 mation’’. 

17 (e) Section 3401(2)(D) of division A of the CARES 

18 Act (Public Law 116–136), is amended by striking ‘‘Not 

19 Later than’’ and inserting ‘‘Not later than’’. 

20 (f) Section 831(f) of the Public Health Service Act, as 

21 redesignated by section 3404(a)(6)(E) and amended by sec22 tion 3404(a)(6)(G) of division A of the CARES Act (Public 

23 Law 116–136), is amended by striking ‘‘a health care facil24 ity, or a partnership of such a school and facility’’. 
1273 

•HR 925 EAH 

1 (g) Section 846(i) of the Public Health Service Act, 

2 as amended by section 3404(a)(8)(C) of division A of the 

3 CARES Act (Public Law 116–136), is amended by striking 

4 ‘‘871(b),,’’ and inserting ‘‘871(b),’’. 

5 (h) Section 3606(a)(1)(A) of division A of the CARES 

6 Act (Public Law 116–136) is amended by striking ‘‘In gen7 eral’’ and inserting ‘‘IN GENERAL’’. 

8 (i) Section 3856(b)(1) of division A of the CARES Act 

9 (Public Law 116–136) is amended to read as follows: 

10 ‘‘(1) IN GENERAL.—Section 905(b)(4) of the 

11 FDA Reauthorization Act of 2017 (Public Law 115– 

12 52) is amended by striking ‘Section 744H(e)(2)(B) of 

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

14 379j–52(e)(2)(B))’ and inserting ‘Section 

15 744H(f)(2)(B) of the Federal Food, Drug, and Cos16 metic Act, as redesignated by section 403(c)(1) of this 

17 Act,’.’’. 

18 TITLE VI—PUBLIC HEALTH 

19 ASSISTANCE 

20 SEC. 601. DEFINITION. 

21 In this title, the term ‘‘Secretary’’ means the Secretary 

22 of Health and Human Services. 
1274 

•HR 925 EAH 

1 Subtitle A—Assistance to Providers 

2 and Health System 

3 SEC. 611. HEALTH CARE PROVIDER RELIEF FUND. 

4 (a) IN GENERAL.—Not later than 7 days after the date 

5 of enactment of this Act, the Secretary, acting through the 

6 Administrator of the Health Resources and Services Admin7 istration, shall establish a program under which the Sec8 retary shall reimburse, through grants or other mechanisms, 

9 eligible health care providers for eligible expenses or lost rev10 enues occurring during calendar quarters beginning on or 

11 after January 1, 2020, to prevent, prepare for, and respond 

12 to COVID–19, in an amount calculated under subsection 

13 (c). 

14 (b) QUARTERLY BASIS.— 

15 (1) SUBMISSION OF APPLICATIONS.—The Sec16 retary shall give applicants a period of 7 calendar 

17 days after the close of a quarter to submit applica18 tions under this section with respect to such quarter, 

19 except that the Secretary shall give applicants a pe20 riod of 7 calendar days after the date of enactment 

21 of this Act to submit applications with respect to the 

22 quarters beginning on January 1 and April 1, 2020, 

23 if the applicant has not previously submitted an ap24 plication with the respect to such quarters. 
1275 

•HR 925 EAH 

1 (2) REVIEW AND PAYMENT.—The Secretary 

2 shall— 

3 (A) review applications and make awards 

4 of reimbursement under this section on a quar5 terly basis; and 

6 (B) award the reimbursements under this 

7 section for a quarter not later than 14 calendar 

8 days after the close of the quarter, except that the 

9 Secretary shall award the reimbursements under 

10 this section for the quarters beginning on Janu11 ary 1 and April 1, 2020, not later than 14 cal12 endar days after the date of enactment of this 

13 Act. 

14 (c) CALCULATION.— 

15 (1) IN GENERAL.—The amount of the reimburse16 ment to an eligible health care provider under this 

17 section with respect to a calendar quarter shall 

18 equal— 

19 (A) the sum of— 

20 (i) 100 percent of the eligible expenses, 

21 as described in subsection (d), of the pro22 vider during the quarter; and 

23 (ii) subject to paragraph (3), 60 per24 cent of the lost revenues, as described in 
1276 

•HR 925 EAH 

1 subsection (e), of the provider during the 

2 quarter; less 

3 (B) any funds that are— 

4 (i) received by the provider during the 

5 quarter pursuant to the Coronavirus Pre6 paredness and Response Supplemental Ap7 propriations Act, 2020 (Public Law 116– 

8 123), the Families First Coronavirus Re9 sponse Act (Public Law 116–127), the 

10 CARES Act (Public Law 116–136), or the 

11 Paycheck Protection Program and Health 

12 Care Enhancement Act (Public Law 116– 

13 139); and 

14 (ii) not required to be repaid. 

15 (2) CARRYOVER.—If the amount determined 

16 under paragraph (1)(B) for a calendar quarter with 

17 respect to an eligible health care provider exceeds the 

18 amount determined under paragraph (1)(A) with re19 spect to such provider and quarter, the amount of 

20 such difference shall be applied in making the cal21 culation under this subsection, over each subsequent 

22 calendar quarter for which the eligible health care 

23 provider seeks reimbursement under this section. 

24 (3) LOST REVENUE LIMITATION.—If the amount 

25 determined under subsection (e) with respect to the 
1277 

•HR 925 EAH 

1 lost revenue of an eligible health care provider for a 

2 calendar quarter does not exceed an amount that 

3 equals 10 percent of the net patient revenue (as de4 fined in such subsection) of the provider for the cor5 responding quarter in 2019, the addend under para6 graph (1)(A)(ii), in making the calculation under 

7 paragraph (1), is deemed to be zero. 

8 (d) ELIGIBLE EXPENSES.—Subject to subsection 

9 (h)(1), expenses eligible for reimbursement under this sec10 tion include expenses for— 

11 (1) building or construction of temporary struc12 tures; 

13 (2) leasing of properties; 

14 (3) medical supplies and equipment including 

15 personal protective equipment; 

16 (4) in vitro diagnostic tests, serological tests, or 

17 testing supplies; 

18 (5) increased workforce and trainings; 

19 (6) emergency operation centers; 

20 (7) construction or retrofitting of facilities; 

21 (8) mobile testing units; 

22 (9) surge capacity; 

23 (10) retention of workforce; and 
1278 

•HR 925 EAH 

1 (11) such other items and services as the Sec2 retary determines to be appropriate, in consultation 

3 with relevant stakeholders. 

4 (e) LOST REVENUES.— 

5 (1) IN GENERAL.—Subject to subsection (h)(1), 

6 for purposes of subsection (c)(1)(A)(ii), the lost reve7 nues of an eligible health care provider, with respect 

8 to the calendar quarter involved, shall be equal to— 

9 (A) net patient revenue of the provider for 

10 the corresponding quarter in 2019 minus net pa11 tient revenue of the provider for such quarter; 

12 less 

13 (B) the savings of the provider during the 

14 calendar quarter involved attributable to fore15 gone wages, payroll taxes, and benefits of per16 sonnel who were furloughed or laid off by the 

17 provider during that quarter. 

18 (2) NET PATIENT REVENUE DEFINED.—For pur19 poses of paragraph (1)(A), the term ‘‘net patient rev20 enue’’, with respect to an eligible health care provider 

21 and a calendar quarter, means the sum of— 

22 (A) 200 percent of the total amount of reim23 bursement received by the provider during the 

24 quarter for all items and services furnished 

25 under a State plan or a waiver of a State plan 
1279 

•HR 925 EAH 

1 under title XIX of the Social Security Act (42 

2 U.S.C. 1396 et seq.); 

3 (B) 125 percent of the total amount of reim4 bursement received by the provider during the 

5 quarter for all items and services furnished 

6 under title XVIII of the Social Security Act (42 

7 U.S.C. 1395 et seq.); and 

8 (C) 100 percent of the total amount of reim9 bursement not described in subparagraph (A) or 

10 (B) received by the provider during the quarter 

11 for all items and services. 

12 (f) INSUFFICIENT FUNDS FOR A QUARTER.—If there 

13 are insufficient funds made available to reimburse all eligi14 ble health care providers for all eligible expenses and lost 

15 revenues for a quarter in accordance with this section, the 

16 Secretary shall— 

17 (1) prioritize reimbursement of eligible expenses; 

18 and 

19 (2) using the entirety of the remaining funds, 

20 uniformly reduce the percentage of lost revenues other21 wise applicable under subsection (c)(1)(A)(ii) to the 

22 extent necessary to reimburse a portion of the lost rev23 enues of all eligible health care providers applying for 

24 reimbursement. 
1280 

•HR 925 EAH 

1 (g) APPLICATION.—A health care provider seeking re2 imbursement under this section for a calendar quarter shall 

3 submit to the Secretary an application that— 

4 (1) provides documentation demonstrating that 

5 the health care provider is an eligible health care pro6 vider; 

7 (2) includes a valid tax identification number of 

8 the health care provider or, if the health care provider 

9 does not have a valid tax identification number, an 

10 employer identification number or such other identi11 fication number as the Secretary may accept or may 

12 assign; 

13 (3) attests to the eligible expenses and lost reve14 nues of the health care provider, as described in sub15 section (d), occurring during the calendar quarter; 

16 (4) includes an itemized listing of each such eli17 gible expense, including expenses incurred in pro18 viding uncompensated care; 

19 (5) for purposes of subsection (c)(3), attests to 

20 whether the amount determined under subsection (e) 

21 with respect to the lost revenue of an eligible health 

22 care provider for a calendar quarter exceeds an 

23 amount that equals 10 percent of the net patient rev24 enue (as defined in such subsection) of the provider 

25 for the corresponding quarter in 2019; 
1281 

•HR 925 EAH 

1 (6) includes projections of the eligible expenses 

2 and lost revenues of the health care provider, as de3 scribed in subsection (c), for the calendar quarter that 

4 immediately follows the calendar quarter for which 

5 reimbursement is sought; and 

6 (7) indicates the dollar amounts described in 

7 each of subparagraphs (A) and (B) of subsection 

8 (e)(1) and subparagraphs (A), (B), and (C) of sub9 section (e)(2) for the calendar quarter and any other 

10 information the Secretary determines necessary to de11 termine expenses and lost revenue related to COVID– 

12 19. 

13 (h) LIMITATIONS.— 

14 (1) NO DUPLICATIVE REIMBURSEMENT.—The 

15 Secretary may not provide, and a health care pro16 vider may not accept, reimbursement under this sec17 tion for expenses or losses with respect to which— 

18 (A) the eligible health care provider is reim19 bursed from other sources; or 

20 (B) other sources are obligated to reimburse 

21 the provider. 

22 (2) NO EXECUTIVE COMPENSATION.—Reimburse23 ment for eligible expenses (as described in subsection 

24 (d)) and lost revenues (as described in subsection (e)) 

25 shall not include compensation or benefits, including 
1282 

•HR 925 EAH 

1 salary, bonuses, awards of stock, or other financial 

2 benefits, for an officer or employee described in sec3 tion 4004(a)(2) of the CARES Act (Public Law 116– 

4 136). 

5 (i) NO BALANCE BILLING AS CONDITION OF RECEIPT

6 OF FUNDS.— 

7 (1) PROTECTING INDIVIDUALS ENROLLED IN

8 HEALTH PLANS.—As a condition of receipt of reim9 bursement under this section, a health care provider, 

10 in the case such provider furnishes during the emer11 gency period described in section 1135(g)(1)(B) of the 

12 Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) 

13 (whether before, on, or after, the date on which the 

14 provider submits an application under this section) a 

15 medically necessary item or service described in sub16 paragraph (A), (B), or (C) of paragraph (3) to an in17 dividual who is described in such subparagraph (A), 

18 (B), or (C), respectively, and enrolled in a group 

19 health plan or group or individual health insurance 

20 coverage offered by a health insurance issuer (includ21 ing grandfathered health plans as defined in section 

22 1251(e) of the Patient Protection and Affordable Care 

23 Act (42 U.S.C. 18011(e)) and such provider is a non24 participating provider, with respect to such plan or 

25 coverage or with respect to such item or service, and 
1283 

•HR 925 EAH 

1 such plan or coverage and such items and services 

2 would otherwise be covered under such plan if fur3 nished by a participating provider— 

4 (A) may not bill or otherwise hold liable 

5 such individual for a payment amount for such 

6 item or service that is more than the cost-sharing 

7 amount that would apply under such plan or 

8 coverage for such item or service if such provider 

9 furnishing such service were a participating pro10 vider with respect to such plan or coverage; 

11 (B) shall reimburse such individual in a 

12 timely manner for any amount for such item or 

13 service paid by the individual to such provider 

14 in excess of such cost-sharing amount; 

15 (C) shall submit any claim for such item or 

16 service directly to the plan or coverage; and 

17 (D) shall not bill the individual for such 

18 cost-sharing amount until such individual is in19 formed by the plan or coverage of the required 

20 payment amount. 

21 (2) PROTECTING UNINSURED INDIVIDUALS.—As 

22 a condition of receipt by a health care provider of re23 imbursement under this section, if the health care 

24 provider furnishes any medically necessary item or 

25 service described in subparagraph (A), (B), or (C) of 
1284 

•HR 925 EAH 

1 paragraph (3) during the emergency period described 

2 in section 1135(g)(1)(B) of the Social Security Act 

3 (42 U.S.C. 1320b-5(g)(1)(B)) (whether before, on, or 

4 after, the date on which the provider submits an ap5 plication under this section) to an uninsured indi6 vidual who is described in such subparagraph (A), 

7 (B), or (C), respectively, the health care provider— 

8 (A) shall submit a claim for purposes of re9 imbursement, with respect to such item or serv10 ice— 

11 (i) from the uninsured portal estab12 lished pursuant to the provider relief fund 

13 established through the Public Health and 

14 Social Services Emergency Fund under the 

15 Coronavirus Aid, Relief, and Economic Se16 curity Act (Public Law 116–136), or pursu17 ant to activities authorized under section 

18 2812 of the Public Health Service Act (42 

19 U.S.C. 300hh–11) under the Public Health 

20 and Social Services Emergency Fund under 

21 the Families First Coronavirus Response 

22 Act (Public Law 116–127); or 

23 (ii) if applicable, under this section 

24 with respect to expenses incurred in pro25 viding uncompensated care (as described in 
1285 

•HR 925 EAH 

1 subsection (g)(4)) with respect to such med2 ical care); and 

3 (B) if such claim is eligible for such reim4 bursement— 

5 (i) shall consider the amount of such 

6 reimbursement as payment in full with re7 spect to such item or service so furnished to 

8 such individual; 

9 (ii) may not bill or otherwise hold lia10 ble such individual for any payment for 

11 such item or service so furnished to such in12 dividual; and 

13 (iii) shall reimburse such individual in 

14 a timely manner for any amount for such 

15 item or service paid by the individual to 

16 such provider. 

17 (3) MEDICALLY NECESSARY ITEMS AND SERVICES

18 DESCRIBED.—For purposes of this subsection, medi19 cally necessary items and services described in this 

20 paragraph are— 

21 (A) medically necessary items and services 

22 (including in-person or telehealth visits in which 

23 such items and services are furnished) that are 

24 furnished to an individual who has been diag25 nosed with (or after provision of the items and 
1286 

•HR 925 EAH 

1 services is diagnosed with) COVID–19 to treat or 

2 mitigate the effects of COVID–19; 

3 (B) medically necessary items and services 

4 (including in-person or telehealth visits in which 

5 such items and services are furnished) that are 

6 furnished to an individual who is presumed, in 

7 accordance with paragraph (4), to have COVID– 

8 19 but is never diagnosed as such; and 

9 (C) a diagnostic test (and administration of 

10 such test) as described in section 6001(a) of divi11 sion F of the Families First Coronavirus Re12 sponse Act (42 U.S.C. 1320b–5 note) adminis13 tered to an individual. 

14 (4) PRESUMPTIVE CASE OF COVID–19.—For pur15 poses of paragraph (3)(B), an individual shall be pre16 sumed to have COVID–19 if the medical record docu17 mentation of the individual supports a diagnosis of 

18 COVID–19, even if the individual does not have a 

19 positive in vitro diagnostic test result in the medical 

20 record of the individual. 

21 (5) PENALTY.—In the case of an eligible health 

22 care provider that is paid a reimbursement under this 

23 section and that is in violation of paragraph (1) or 

24 (2), in addition to any other penalties that may be 

25 prescribed by law, the Secretary may recoup from 
1287 

•HR 925 EAH 

1 such provider up to the full amount of reimbursement 

2 the provider receives under this section. 

3 (6) DEFINITIONS.—In this subsection: 

4 (A) NONPARTICIPATING PROVIDER.—The 

5 term ‘‘nonparticipating provider’’ means, with 

6 respect to an item or service and group health 

7 plan or group or individual health insurance 

8 coverage offered by a health insurance issuer, a 

9 health care provider that does not have a con10 tractual relationship directly or indirectly with 

11 the plan or issuer, respectively, for furnishing 

12 such an item or service under the plan or cov13 erage. 

14 (B) PARTICIPATING PROVIDER.—The term 

15 ‘‘participating provider’’ means, with respect to 

16 an item or service and group health plan or 

17 group or individual health insurance coverage of18 fered by a health insurance issuer, a health care 

19 provider that has a contractual relationship di20 rectly or indirectly with the plan or issuer, re21 spectively, for furnishing such an item or service 

22 under the plan or coverage. 

23 (C) GROUP HEALTH PLAN, HEALTH INSUR24 ANCE COVERAGE.—The terms ‘‘group health 

25 plan’’, ‘‘health insurance issuer’’, ‘‘group health 
1288 

•HR 925 EAH 

1 insurance coverage’’, and ‘‘individual health in2 surance coverage’’ shall have the meanings given 

3 such terms under section 2791 of the Public 

4 Health Service Act (42 U.S.C. 300gg–91). 

5 (D) UNINSURED INDIVIDUAL.—The term 

6 ‘‘uninsured individual’’ shall have the meaning 

7 given such term in the Families First 

8 Coronavirus Response Act (Public Law 116–127) 

9 for purposes of the additional amount made 

10 available under such Act to the Public Health 

11 and Social Services Emergency Fund for activi12 ties authorized under section 2812 of the Public 

13 Health Service Act (42 U.S.C. 300hh–11). 

14 (j) REPORTS.— 

15 (1) AWARD INFORMATION.—In making awards 

16 under this section, the Secretary shall post in a 

17 searchable, electronic format, a list of all recipients 

18 and awards pursuant to funding authorized under 

19 this section. 

20 (2) REPORTS BY RECIPIENTS.—Each recipient of 

21 an award under this section shall, as a condition on 

22 receipt of such award, submit reports and maintain 

23 documentation, in such form, at such time, and con24 taining such information, as the Secretary determines 

25 is needed to ensure compliance with this section. 
1289 

•HR 925 EAH 

1 (3) PUBLIC LISTING OF AWARDS.—The Secretary 

2 shall— 

3 (A) not later than 7 days after the date of 

4 enactment of this Act, post in a searchable, elec5 tronic format, a list of all awards made by the 

6 Secretary under this section, including the re7 cipients and amounts of such awards; and 

8 (B) update such list not less than every 7 

9 days until all funds made available to carry out 

10 this section are expended. 

11 (4) INSPECTOR GENERAL REPORT.— 

12 (A) IN GENERAL.—Not later than 3 years 

13 after final payments are made under this sec14 tion, the Inspector General of the Department of 

15 Health and Human Services shall transmit a 

16 final report on audit findings with respect to the 

17 program under this section to the Committee on 

18 Energy and Commerce and the Committee on 

19 Appropriations of the House of Representatives 

20 and the Committee on Health, Education, Labor 

21 and Pensions and the Committee on Appropria22 tions of the Senate. 

23 (B) RULE OF CONSTRUCTION.—Nothing in 

24 this paragraph shall be construed as limiting the 

25 authority of the Inspector General of the Depart-
1290 

•HR 925 EAH 

1 ment of Health and Human Services or the 

2 Comptroller General of the United States to con3 duct audits of interim payments earlier than the 

4 deadline described in subparagraph (A). 

5 (k) ELIGIBLE HEALTH CARE PROVIDER DEFINED.— 

6 In this section: 

7 (1) IN GENERAL.—The term ‘‘eligible health care 

8 provider’’ means a health care provider described in 

9 paragraph (2) that provides diagnostic or testing 

10 services or treatment to individuals with a confirmed 

11 or possible diagnosis of COVID–19. 

12 (2) HEALTH CARE PROVIDERS DESCRIBED.—A 

13 health care provider described in this paragraph is 

14 any of the following: 

15 (A) A health care provider enrolled as a 

16 participating provider under a State plan ap17 proved under title XIX of the Social Security Act 

18 (42 U.S.C. 1396 et seq.) (or a waiver of such a 

19 plan). 

20 (B) A provider of services (as defined in 

21 subsection (u) of section 1861 of the Social Secu22 rity Act (42 U.S.C. 1395x)) or a supplier (as de23 fined in subsection (d) of such section) that is 

24 enrolled as a participating provider of services 

25 or participating supplier under the Medicare 
1291 

•HR 925 EAH 

1 program under title XVIII of such Act (42 

2 U.S.C. 1395 et seq.). 

3 (C) A public entity. 

4 (D) Any other entity not described in this 

5 paragraph as the Secretary may specify. 

6 (l) FUNDING.— 

7 (1) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated for an addi9 tional amount to carry out this section 

10 $50,000,000,000, to remain available until expended. 

11 (2) HEALTH CARE PROVIDER RELIEF FUND.— 

12 (A) USE OF APPROPRIATED FUNDS.— 

13 (i) IN GENERAL.—In addition to 

14 amounts authorized to be appropriated pur15 suant to paragraph (1), the unobligated bal16 ance of all amounts appropriated to the 

17 Health Care Provider Relief Fund shall be 

18 made available only to carry out this sec19 tion. 

20 (ii) AMOUNTS.—For purposes of clause 

21 (i), the following amounts are deemed to be 

22 appropriated to the Health Care Provider 

23 Relief Fund: 

24 (I) The unobligated balance of the 

25 appropriation of $100,000,000,000 in 
1292 

•HR 925 EAH 

1 the third paragraph under the heading 

2 ‘‘Department of Health and Human 

3 Services—Office of the Secretary— 

4 Public Health and Social Services 

5 Emergency Fund’’ in division B of the 

6 CARES Act (Public Law 116–136). 

7 (II) The unobligated balance of 

8 the appropriation under the heading 

9 ‘‘Department of Health and Human 

10 Services—Office of the Secretary— 

11 Public Health and Social Services 

12 Emergency Fund’’ in division B of the 

13 Paycheck Protection Program and 

14 Health Care Enhancement Act (Public 

15 Law 116–139). 

16 (B) LIMITATION.—Of the unobligated bal17 ances described in subparagraph (A)(ii), the Sec18 retary may not make available more than 

19 $5,000,000,000 to reimburse eligible health care 

20 providers for expenses incurred in providing un21 compensated care. 

22 (C) FUTURE AMOUNTS.—Any appropria23 tion enacted subsequent to the date of enactment 

24 of this Act that is made available for reimburs25 ing eligible health care providers as described in 
1293 

•HR 925 EAH 

1 subsection (a) shall be made available only to 

2 carry out this section. 

3 SEC. 612. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT 

4 PROGRAM. 

5 Part D of title III of the Public Health Service Act 

6 (42 U.S.C. 254b et seq.) is amended by adding at the end 

7 the following new subpart: 

8 ‘‘Subpart XIII—Public Health Workforce 

9 ‘‘SEC. 340J. LOAN REPAYMENT PROGRAM. 

10 ‘‘(a) ESTABLISHMENT.—The Secretary of Health and 

11 Human Services shall establish a program to be known as 

12 the Public Health Workforce Loan Repayment Program (re13 ferred to in this section as the ‘Program’) to assure an ade14 quate supply of and encourage recruitment of public health 

15 professionals to eliminate critical public health workforce 

16 shortages in local, State, territorial, and Tribal public 

17 health agencies. 

18 ‘‘(b) ELIGIBILITY.—To be eligible to participate in the 

19 Program, an individual shall— 

20 ‘‘(1)(A) be accepted for enrollment, or be en21 rolled, as a student in an accredited academic edu22 cational institution in a State or territory in the 

23 final semester or equivalent of a course of study or 

24 program leading to a public health degree, a health 

25 professions degree or certificate, or a degree in com-
1294 

•HR 925 EAH 

1 puter science, information science, information sys2 tems, information technology, or statistics and have 

3 accepted employment with a local, State, territorial, 

4 or Tribal public health agency, or a related training 

5 fellowship, as recognized by the Secretary, to com6 mence upon graduation; or 

7 ‘‘(B)(i) have graduated, during the preceding 10- 

8 year period, from an accredited educational institu9 tion in a State or territory and received a public 

10 health degree, a health professions degree or certifi11 cate, or a degree in computer science, information 

12 science, information systems, information technology, 

13 or statistics; and 

14 ‘‘(ii) be employed by, or have accepted employ15 ment with, a local, State, territorial, or Tribal public 

16 health agency or a related training fellowship, as rec17 ognized by the Secretary; 

18 ‘‘(2) be a United States citizen; 

19 ‘‘(3)(A) submit an application to the Secretary 

20 to participate in the Program; and 

21 ‘‘(B) execute a written contract as required in 

22 subsection (c); and 

23 ‘‘(4) not have received, for the same service, a re24 duction of loan obligations under section 428K or 
1295 

•HR 925 EAH 

1 428L of the Higher Education Act of 1965 (20 U.S.C. 

2 1078–11, 1078–12). 

3 ‘‘(c) CONTRACT.—The written contract referred to in 

4 subsection (b)(3)(B) between the Secretary and an indi5 vidual shall contain— 

6 ‘‘(1) an agreement on the part of the Secretary 

7 that the Secretary will repay, on behalf of the indi8 vidual, loans incurred by the individual in the pur9 suit of the relevant degree or certificate in accordance 

10 with the terms of the contract; 

11 ‘‘(2) an agreement on the part of the individual 

12 that the individual will serve in the full-time employ13 ment of a local, State, or Tribal public health agency 

14 or a related fellowship program in a position related 

15 to the course of study or program for which the con16 tract was awarded for a period of time equal to the 

17 greater of— 

18 ‘‘(A) 2 years; or 

19 ‘‘(B) such longer period of time as deter20 mined appropriate by the Secretary and the in21 dividual; 

22 ‘‘(3) an agreement, as appropriate, on the part 

23 of the individual to relocate to a priority service area 

24 (as determined by the Secretary) in exchange for an 
1296 

•HR 925 EAH 

1 additional loan repayment incentive amount to be de2 termined by the Secretary; 

3 ‘‘(4) a provision that any financial obligation of 

4 the United States arising out of a contract entered 

5 into under this section and any obligation of the indi6 vidual that is conditioned thereon, is contingent on 

7 funds being appropriated for loan repayments under 

8 this section; 

9 ‘‘(5) a statement of the damages to which the 

10 United States is entitled, under this section for the 

11 individual’s breach of the contract; and 

12 ‘‘(6) such other statements of the rights and li13 abilities of the Secretary and of the individual as the 

14 Secretary determines appropriate, not inconsistent 

15 with this section. 

16 ‘‘(d) PAYMENTS.— 

17 ‘‘(1) IN GENERAL.—A loan repayment provided 

18 for an individual under a written contract referred to 

19 in subsection (b)(3)(B) shall consist of payment, in 

20 accordance with paragraph (2), for the individual to21 ward the outstanding principal and interest on edu22 cation loans incurred by the individual in the pursuit 

23 of the relevant degree in accordance with the terms of 

24 the contract. 
1297 

•HR 925 EAH 

1 ‘‘(2) EQUITABLE DISTRIBUTION.—In awarding 

2 contracts under this section, the Secretary shall en3 sure— 

4 ‘‘(A) a certain percentage of contracts are 

5 awarded to individuals who are not already 

6 working in public health departments; 

7 ‘‘(B) an equitable distribution of funds geo8 graphically; and 

9 ‘‘(C) an equitable distribution among State, 

10 local, territorial, and Tribal public health de11 partments. 

12 ‘‘(3) PAYMENTS FOR YEARS SERVED.—For each 

13 year of service that an individual contracts to serve 

14 pursuant to subsection (c)(2), the Secretary may pay 

15 not more than $35,000 on behalf of the individual for 

16 loans described in paragraph (1). With respect to par17 ticipants under the Program whose total eligible loans 

18 are less than $105,000, the Secretary shall pay an 

amount that does not exceed 1 19 ⁄3 of the eligible loan 

20 balance for each year of such service of such indi21 vidual. 

22 ‘‘(4) TAX LIABILITY.—For purposes of the Inter23 nal Revenue Code of 1986, a payment made under 

24 this section shall be treated in the same manner as 
1298 

•HR 925 EAH 

1 an amount received under section 338B(g) of this Act, 

2 as described in section 108(f)(4) of such Code. 

3 ‘‘(e) POSTPONING OBLIGATED SERVICE.—With respect 

4 to an individual receiving a degree or certificate from a 

5 health professions or other related school, the date of the ini6 tiation of the period of obligated service may be postponed 

7 as approved by the Secretary. 

8 ‘‘(f) BREACH OF CONTRACT.—An individual who fails 

9 to comply with the contract entered into under subsection 

10 (c) shall be subject to the same financial penalties as pro11 vided for under section 338E of the Public Health Service 

12 Act (42 U.S.C. 254o) for breaches of loan repayment con13 tracts under section 338B of such Act (42 U.S.C. section 

14 254l–1). 

15 ‘‘(g) DEFINITION.—For purposes of this section, the 

16 term ‘full-time’ means full-time as such term is used in sec17 tion 455(m)(3) of the Higher Education Act of 1965. 

18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section— 

20 ‘‘(1) $100,000,000 for fiscal year 2021; and 

21 ‘‘(2) $75,000,000 for fiscal year 2022.’’. 

22 SEC. 613. EXPANDING CAPACITY FOR HEALTH OUTCOMES. 

23 (a) IN GENERAL.—The Secretary, acting through the 

24 Administrator of the Health Resources and Services Admin25 istration, shall award grants to eligible entities to develop 
1299 

•HR 925 EAH 

1 and expand the use of technology-enabled collaborative 

2 learning and capacity building models to respond to ongo3 ing and real-time learning, health care information shar4 ing, and capacity building needs related to COVID–19. 

5 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 

6 grant under this section, an entity shall have experience 

7 providing technology-enabled collaborative learning and ca8 pacity building health care services— 

9 (1) in rural areas, frontier areas, health profes10 sional shortage areas, or medically underserved area; 

11 or 

12 (2) to medically underserved populations or In13 dian Tribes. 

14 (c) USE OF FUNDS.—An eligible entity receiving a 

15 grant under this section shall use funds received through 

16 the grant— 

17 (1) to advance quality of care in response to 

18 COVID–19, with particular emphasis on rural and 

19 underserved areas and populations; 

20 (2) to protect medical personnel and first re21 sponders through sharing real-time learning through 

22 virtual communities of practice; 

23 (3) to improve patient outcomes for conditions 

24 affected or exacerbated by COVID–19, including im-
1300 

•HR 925 EAH 

1 provement of care for patients with complex chronic 

2 conditions; and 

3 (4) to support rapid uptake by health care pro4 fessionals of emerging best practices and treatment 

5 protocols around COVID–19. 

6 (d) OPTIONAL ADDITIONAL USES OF FUNDS.—An eli7 gible entity receiving a grant under this section may use 

8 funds received through the grant for— 

9 (1) equipment to support the use and expansion 

10 of technology-enabled collaborative learning and ca11 pacity building models, including hardware and soft12 ware that enables distance learning, health care pro13 vider support, and the secure exchange of electronic 

14 health information; 

15 (2) the participation of multidisciplinary expert 

16 team members to facilitate and lead technology-en17 abled collaborative learning sessions, and profes18 sionals and staff assisting in the development and 

19 execution of technology-enabled collaborative learning; 

20 (3) the development of instructional program21 ming and the training of health care providers and 

22 other professionals that provide or assist in the provi23 sion of services through technology-enabled collabo24 rative learning and capacity building models; and 
1301 

•HR 925 EAH 

1 (4) other activities consistent with achieving the 

2 objectives of the grants awarded under this section. 

3 (e) TECHNOLOGY-ENABLED COLLABORATIVE LEARN4 ING AND CAPACITY BUILDING MODEL DEFINED.—In this 

5 section, the term ‘‘technology-enabled collaborative learning 

6 and capacity building model’’ has the meaning given that 

7 term in section 2(7) of the Expanding Capacity for Health 

8 Outcomes Act (Public Law 114–270; 130 Stat. 1395). 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $20,000,000, to remain available until expended. 

12 SEC. 614. ADDITIONAL FUNDING FOR MEDICAL RESERVE 

13 CORPS. 

14 Section 2813(i) of the Public Health Service Act (42 

15 U.S.C. 300hh–15(i)) is amended by striking ‘‘$11,200,000 

16 for each of fiscal years 2019 through 2023’’ and inserting 

17 ‘‘$31,200,000 for each of fiscal years 2021 and 2022 and 

18 $11,200,000 for each of fiscal years 2023 through 2025’’. 

19 SEC. 615. GRANTS FOR SCHOOLS OF MEDICINE IN DIVERSE 

20 AND UNDERSERVED AREAS. 

21 Subpart II of part C of title VII of the Public Health 

22 Service Act is amended by inserting after section 749B of 

23 such Act (42 U.S.C. 293m) the following: 
1302 

•HR 925 EAH 

1 ‘‘SEC. 749C. SCHOOLS OF MEDICINE IN UNDERSERVED 

2 AREAS. 

3 ‘‘(a) GRANTS.—The Secretary, acting through the Ad4 ministrator of the Health Resources and Services Adminis5 tration, may award grants to institutions of higher edu6 cation (including multiple institutions of higher education 

7 applying jointly) for the establishment, improvement, and 

8 expansion of an allopathic or osteopathic school of medicine, 

9 or a branch campus of an allopathic or osteopathic school 

10 of medicine. 

11 ‘‘(b) PRIORITY.—In selecting grant recipients under 

12 this section, the Secretary shall give priority to institutions 

13 of higher education that— 

14 ‘‘(1) propose to use the grant for an allopathic 

15 or osteopathic school of medicine, or a branch campus 

16 of an allopathic or osteopathic school of medicine, in 

17 a combined statistical area with fewer than 200 ac18 tively practicing physicians per 100,000 residents ac19 cording to the medical board (or boards) of the State 

20 (or States) involved; 

21 ‘‘(2) have a curriculum that emphasizes care for 

22 diverse and underserved populations; or 

23 ‘‘(3) are minority-serving institutions described 

24 in the list in section 371(a) of the Higher Education 

25 Act of 1965. 
1303 

•HR 925 EAH 

1 ‘‘(c) USE OF FUNDS.—The activities for which a grant 

2 under this section may be used include— 

3 ‘‘(1) planning and constructing— 

4 ‘‘(A) a new allopathic or osteopathic school 

5 of medicine in an area in which no other school 

6 is based; or 

7 ‘‘(B) a branch campus of an allopathic or 

8 osteopathic school of medicine in an area in 

9 which no such school is based; 

10 ‘‘(2) accreditation and planning activities for an 

11 allopathic or osteopathic school of medicine or branch 

12 campus; 

13 ‘‘(3) hiring faculty and other staff to serve at an 

14 allopathic or osteopathic school of medicine or branch 

15 campus; 

16 ‘‘(4) recruitment and enrollment of students at 

17 an allopathic or osteopathic school of medicine or 

18 branch campus; 

19 ‘‘(5) supporting educational programs at an 

20 allopathic or osteopathic school of medicine or branch 

21 campus; 

22 ‘‘(6) modernizing infrastructure or curriculum 

23 at an existing allopathic or osteopathic school of med24 icine or branch campus thereof; 
1304 

•HR 925 EAH 

1 ‘‘(7) expanding infrastructure or curriculum at 

2 existing an allopathic or osteopathic school of medi3 cine or branch campus; and 

4 ‘‘(8) other activities that the Secretary deter5 mines further the development, improvement, and ex6 pansion of an allopathic or osteopathic school of med7 icine or branch campus thereof. 

8 ‘‘(d) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘branch campus’ means a geo10 graphically separate site at least 100 miles from the 

11 main campus of a school of medicine where at least 

12 one student completes at least 60 percent of the stu13 dent’s training leading to a degree of doctor of medi14 cine. 

15 ‘‘(2) The term ‘institution of higher education’ 

16 has the meaning given to such term in section 101(a) 

17 of the Higher Education Act of 1965. 

18 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To carry 

19 out this section, there is authorized to be appropriated 

20 $1,000,000,000, to remain available until expended.’’. 

21 SEC. 616. GAO STUDY ON PUBLIC HEALTH WORKFORCE. 

22 (a) IN GENERAL.—The Comptroller General of the 

23 United States shall conduct a study on the public health 

24 workforce in the United States during the COVID–19 pan25 demic. 
1305 

•HR 925 EAH 

1 (b) TOPICS.—The study under subsection (a) shall ad2 dress— 

3 (1) existing gaps in the Federal, State, local, 

4 Tribal, and territorial public health workforce, in5 cluding— 

6 (A) epidemiological and disease interven7 tion specialists needed during the pandemic for 

8 contact tracing, laboratory technicians necessary 

9 for testing, community health workers for com10 munity supports and services, and other staff 

11 necessary for contact tracing, testing, or surveil12 lance activities; and 

13 (B) other personnel needed during the 

14 COVID–19 pandemic; 

15 (2) challenges associated with the hiring, recruit16 ment, and retention of the Federal, State, local, Trib17 al, and territorial public health workforce; and 

18 (3) recommended steps the Federal Government 

19 should take to improve hiring, recruitment, and reten20 tion of the public health workforce. 

21 (c) REPORT.—Not later than December 1, 2022, the 

22 Comptroller General shall submit to the Congress a report 

23 on the findings of the study conducted under this section. 
1306 

•HR 925 EAH 

1 SEC. 617. LONGITUDINAL STUDY ON THE IMPACT OF 

2 COVID–19 ON RECOVERED PATIENTS. 

3 Part A of title IV of the Public Health Service Act 

4 (42 U.S.C. 281 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 404O. LONGITUDINAL STUDY ON THE IMPACT OF 

7 COVID–19 ON RECOVERED PATIENTS. 

8 ‘‘(a) IN GENERAL.—The Director of NIH, in consulta9 tion with the Director of the Centers for Disease Control 

10 and Prevention, shall conduct a longitudinal study, over 

11 not less than 10 years, on the full impact of SARS–CoV– 

12 2 or COVID–19 on infected individuals, including both 

13 short-term and long-term health impacts. 

14 ‘‘(b) TIMING.—The Director of NIH shall begin enroll15 ing patients in the study under this section not later than 

16 6 months after the date of enactment of this section. 

17 ‘‘(c) REQUIREMENTS.—The study under this section 

18 shall— 

19 ‘‘(1) be nationwide; 

20 ‘‘(2) include diversity of enrollees to account for 

21 gender, age, race, ethnicity, geography, comorbidities, 

22 and underrepresented populations, including preg23 nant and lactating women; 

24 ‘‘(3) study individuals with COVID–19 who ex25 perienced mild symptoms, such individuals who expe-
1307 

•HR 925 EAH 

1 rienced moderate symptoms, and such individuals 

2 who experienced severe symptoms; 

3 ‘‘(4) monitor the health outcomes and symptoms 

4 of individuals with COVID–19, or who had prenatal 

5 exposure to SARS–CoV–2 or COVID–19, including 

6 lung capacity and function, and immune response, 

7 taking into account any pharmaceutical interventions 

8 such individuals may have received; 

9 ‘‘(5) monitor the mental health outcomes of indi10 viduals with COVID–19, taking into account any 

11 interventions that affected mental health; and 

12 ‘‘(6) monitor individuals enrolled in the study 

13 not less frequently than twice per year after the first 

14 year of the individual’s infection with SARS–CoV–2. 

15 ‘‘(d) PUBLIC-PRIVATE RESEARCH NETWORK.—For 

16 purposes of carrying out the study under this section, the 

17 Director of NIH may develop a network of public-private 

18 research partners, provided that all research, including the 

19 research carried out through any such partner, is available 

20 publicly. 

21 ‘‘(e) SUMMARIES OF FINDINGS.—The Director of NIH 

22 shall make public a summary of findings under this section 

23 not less frequently than once every 3 months for the first 

24 2 years of the study, and not less frequently than every 6 

25 months thereafter. Such summaries may include informa-
1308 

•HR 925 EAH 

1 tion about how the findings of the study under this section 

2 compare with findings from research conducted abroad. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $200,000,000, to remain available until expended.’’. 

6 SEC. 618. RESEARCH ON THE MENTAL HEALTH IMPACT OF 

7 COVID–19. 

8 (a) IN GENERAL.—The Secretary, acting through the 

9 Director of the National Institute of Mental Health, shall 

10 conduct or support research on the mental health con11 sequences of SARS–CoV–2 or COVID–19. 

12 (b) USE OF FUNDS.—Research under subsection (a) 

13 may include the following: 

14 (1) Research on the mental health impact of 

15 SARS–CoV–2 or COVID–19 on health care providers, 

16 including— 

17 (A) traumatic stress; 

18 (B) psychological distress; and 

19 (C) psychiatric disorders. 

20 (2) Research on the impact of SARS–CoV–2 or 

21 COVID–19 stressors on mental health over time. 

22 (3) Research to strengthen the mental health re23 sponse to SARS–CoV–2 or COVID–19, including 

24 adapting to and maintaining or providing additional 

25 services for new or increasing mental health needs. 
1309 

•HR 925 EAH 

1 (4) Research on the reach, efficiency, effective2 ness, and quality of digital mental health interven3 tions. 

4 (5) Research on effectiveness of strategies for im5 plementation and delivery of evidence-based mental 

6 health interventions and services for underserved pop7 ulations. 

8 (6) Research on suicide prevention. 

9 (c) RESEARCH COORDINATION.—The Secretary shall 

10 coordinate activities under this section with similar activi11 ties conducted by national research institutes and centers 

12 of the National Institutes of Health to the extent that such 

13 institutes and centers have responsibilities that are related 

14 to the mental health consequences of SARS–CoV–2 or 

15 COVID–19. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

17 out this section, there is authorized to be appropriated 

18 $200,000,000, to remain available until expended. 

19 SEC. 619. EMERGENCY MENTAL HEALTH AND SUBSTANCE 

20 USE TRAINING AND TECHNICAL ASSISTANCE 

21 CENTER. 

22 Subpart 3 of part B of title V of the Public Health 

23 Service Act (42 U.S.C. 290bb–31 et seq.) is amended by in24 serting after section 520A (42 U.S.C. 290bb–32) the fol25 lowing: 
1310 

•HR 925 EAH 

1 ‘‘SEC. 520B. EMERGENCY MENTAL HEALTH AND SUBSTANCE 

2 USE TRAINING AND TECHNICAL ASSISTANCE 

3 CENTER. 

4 ‘‘(a) ESTABLISHMENT.—The Secretary, acting through 

5 the Assistant Secretary, shall establish or operate a center 

6 to be known as the Emergency Mental Health and Sub7 stance Use Training and Technical Assistance Center (re8 ferred to in this section as the ‘Center’) to provide technical 

9 assistance and support— 

10 ‘‘(1) to public or nonprofit entities seeking to es11 tablish or expand access to mental health and sub12 stance use prevention, treatment, and recovery sup13 port services, and increase awareness of such services; 

14 and 

15 ‘‘(2) to public health professionals, health care 

16 professionals and support staff, essential workers (as 

17 defined by a State, Tribe, locality, or territory), and 

18 members of the public to address the trauma, stress, 

19 and mental health needs associated with an emer20 gency period. 

21 ‘‘(b) ASSISTANCE AND SUPPORT.—The assistance and 

22 support provided under subsection (a) shall include assist23 ance and support with respect to— 

24 ‘‘(1) training on identifying signs of trauma, 

25 stress, and mental health needs; 
1311 

•HR 925 EAH 

1 ‘‘(2) providing accessible resources to assist indi2 viduals and families experiencing trauma, stress, or 

3 other mental health needs during and after an emer4 gency period; 

5 ‘‘(3) providing resources for substance use dis6 order prevention, treatment, and recovery designed to 

7 assist individuals and families during and after an 

8 emergency period; 

9 ‘‘(4) the provision of language access services, in10 cluding translation services, interpretation, or other 

11 such services for individuals with limited English 

12 speaking proficiency or people with disabilities; and 

13 ‘‘(5) evaluation and improvement, as necessary, 

14 of the effectiveness of such services provided by public 

15 or nonprofit entities. 

16 ‘‘(c) BEST PRACTICES.—The Center shall periodically 

17 issue best practices for use by organizations seeking to pro18 vide mental health services or substance use disorder pre19 vention, treatment, or recovery services to individuals dur20 ing and after an emergency period. 

21 ‘‘(d) EMERGENCY PERIOD.—In this section, the term 

22 ‘emergency period’ has the meaning given such term in sec23 tion 1135(g)(1)(A) of the Social Security Act. 
1312 

•HR 925 EAH 

1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $20,000,000 for each of fiscal years 2021 and 2022.’’. 

4 SEC. 620. IMPORTANCE OF THE BLOOD AND PLASMA SUP5 PLY. 

6 (a) IN GENERAL.—Section 3226 of the CARES Act 

7 (Public Law 116–136) is amended— 

8 (1) in the section heading after ‘‘BLOOD’’ by in9 serting ‘‘AND PLASMA’’; and 

10 (2) by inserting after ‘‘blood’’ each time it ap11 pears ‘‘and plasma’’. 

12 (b) CONFORMING AMENDMENT.—The item relating to 

13 section 3226 in the table of contents in section 2 of the 

14 CARES Act (Public Law 116–136) is amended to read as 

15 follows: 

‘‘Sec. 3226. Importance of the blood and plasma supply.’’. 

16 Subtitle B—Assistance for 

17 Individuals and Families 

18 SEC. 631. REIMBURSEMENT FOR ADDITIONAL HEALTH 

19 SERVICES RELATING TO CORONAVIRUS. 

20 Title V of division A of the Families First Coronavirus 

21 Response Act (Public Law 116–127; 134 Stat. 182) is 

22 amended under the heading ‘‘Department of Health and 

23 Human Services—Office of the Secretary—Public Health 

24 and Social Services Emergency Fund’’ by inserting ‘‘, or 

25 treatment related to SARS–CoV–2 or COVID–19 for unin-
1313 

•HR 925 EAH 

1 sured individuals’’ after ‘‘or visits described in paragraph 

2 (2) of such section for uninsured individuals’’. 

3 SEC. 632. CENTERS FOR DISEASE CONTROL AND PREVEN4 TION COVID–19 RESPONSE LINE. 

5 (a) IN GENERAL.—During the public health emergency 

6 declared by the Secretary pursuant to section 319 of the 

7 Public Health Service Act (42 U.S.C. 247d) on January 

8 31, 2020, with respect to COVID–19, the Secretary, acting 

9 through the Director of the Centers for Disease Control and 

10 Prevention, shall maintain a toll-free telephone number to 

11 address public health queries, including questions con12 cerning COVID–19. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

14 out this section, there is authorized to be appropriated 

15 $10,000,000, to remain available until expended. 

16 SEC. 633. GRANTS TO ADDRESS SUBSTANCE USE DURING 

17 COVID–19. 

18 (a) IN GENERAL.—The Assistant Secretary for Mental 

19 Health and Substance Use of the Department of Health and 

20 Human Services (in this section referred to as the ‘‘Assist21 ant Secretary’’), in consultation with the Director of the 

22 Centers for Disease Control and Prevention, shall award 

23 grants to States, political subdivisions of States, Tribes, 

24 Tribal organizations, and community-based entities to ad25 dress the harms of drug misuse, including by— 
1314 

•HR 925 EAH 

1 (1) preventing and controlling the spread of in2 fectious diseases, such as HIV/AIDS and viral hepa3 titis, and the consequences of such diseases for indi4 viduals with substance use disorder; 

5 (2) connecting individuals at risk for or with a 

6 substance use disorder to overdose education, coun7 seling, and health education; or 

8 (3) encouraging such individuals to take steps to 

9 reduce the negative personal and public health im10 pacts of substance use or misuse during the emergency 

11 period. 

12 (b) CONSIDERATIONS.—In awarding grants under this 

13 section, the Assistant Secretary shall prioritize grants to 

14 applicants proposing to serve areas with— 

15 (1) a high proportion of people who meet criteria 

16 for dependence on or abuse of illicit drugs who have 

17 not received any treatment; 

18 (2) high drug overdose death rates; 

19 (3) high telemedicine infrastructure needs; and 

20 (4) high behavioral health and substance use dis21 order workforce needs. 

22 (c) DEFINITION.—In this section, the term ‘‘emergency 

23 period’’ has the meaning given to such term in section 

24 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b– 

25 5(g)(1)(B))). 
1315 

•HR 925 EAH 

1 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there is authorized to be appropriated 

3 $10,000,000, to remain available until expended. 

4 SEC. 634. GRANTS TO SUPPORT INCREASED BEHAVIORAL 

5 HEALTH NEEDS DUE TO COVID–19. 

6 (a) IN GENERAL.—The Secretary, acting through the 

7 Assistant Secretary of Mental Health and Substance Use, 

8 shall award grants to States, political subdivisions of 

9 States, Indian Tribes and Tribal organizations, commu10 nity-based entities, and primary care and behavioral health 

11 organizations to address behavioral health needs caused by 

12 the public health emergency declared pursuant to section 

13 319 of the Public Health Service Act (42 U.S.C. 247d) with 

14 respect to COVID–19. 

15 (b) USE OF FUNDS.—An entity that receives a grant 

16 under subsection (a) may use funds received through such 

17 grant to— 

18 (1) increase behavioral health treatment and pre19 vention capacity, including to— 

20 (A) promote coordination among local enti21 ties; 

22 (B) train the behavioral health workforce, 

23 relevant stakeholders, and community members; 
1316 

•HR 925 EAH 

1 (C) upgrade technology to support effective 

2 delivery of health care services through telehealth 

3 modalities; 

4 (D) purchase medical supplies and equip5 ment for behavioral health treatment entities and 

6 providers; 

7 (E) address surge capacity for behavioral 

8 health needs such as through mobile units; and 

9 (F) promote collaboration between primary 

10 care and mental health providers; and 

11 (2) support or enhance behavioral health services, 

12 including— 

13 (A) emergency crisis intervention, including 

14 mobile crisis units, 24/7 crisis call centers, and 

15 medically staffed crisis stabilization programs; 

16 (B) screening, assessment, diagnosis, and 

17 treatment; 

18 (C) mental health awareness trainings; 

19 (D) evidence-based suicide prevention; 

20 (E) evidence-based integrated care models; 

21 (F) community recovery supports; 

22 (G) outreach to underserved and minority 

23 communities; and 

24 (H) for front line health care workers. 
1317 

•HR 925 EAH 

1 (c) PRIORITY.—The Secretary shall give priority to 

2 applicants proposing to serve areas with a high number of 

3 COVID–19 cases. 

4 (d) EVALUATION.—An entity that receives a grant 

5 under this section shall prepare and submit an evaluation 

6 to the Secretary at such time, in such manner, and con7 taining such information as the Secretary may reasonably 

8 require, including— 

9 (1) an evaluation of activities carried out with 

10 funds received through the grant; and 

11 (2) a process and outcome evaluation. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 

13 out this section, there is authorized to be appropriated 

14 $50,000,000 for each of fiscal years 2021 and 2022, to re15 main available until expended. 

16 Subtitle C—Assistance to Tribes 

17 SEC. 641. IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC 

18 HEALTH SECURITY. 

19 Section 319C–1 of the Public Health Service Act (42 

20 U.S.C. 247d–3a) is amended— 

21 (1) in the section heading, by striking ‘‘AND

22 LOCAL’’ and inserting ‘‘, LOCAL, AND TRIBAL’’; 

23 (2) in subsection (b)— 

24 (A) in paragraph (1)— 
1318 

•HR 925 EAH 

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

2 ‘‘or’’ at the end; 

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

4 ‘‘and’’ at the end and inserting ‘‘or’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(D) be an Indian Tribe, Tribal organization, or 

8 a consortium of Indian Tribes or Tribal organiza9 tions; and’’; and 

10 (B) in paragraph (2)— 

11 (i) in the matter preceding subpara12 graph (A), by inserting ‘‘, as applicable’’ 

13 after ‘‘including’’; 

14 (ii) in subparagraph (A)(viii)— 

15 (I) by inserting ‘‘and Tribal’’ 

16 after ‘‘with State’’; 

17 (II) by striking ‘‘(as defined in 

18 section 8101 of the Elementary and 

19 Secondary Education Act of 1965)’’ 

20 and inserting ‘‘and Tribal educational 

21 agencies (as defined in sections 8101 

22 and 6132, respectively, of the Elemen23 tary and Secondary Education Act of 

24 1965)’’; and 
1319 

•HR 925 EAH 

1 (III) by inserting ‘‘and Tribal’’ 

2 after ‘‘and State’’; 

3 (iii) in subparagraph (G), by striking 

4 ‘‘and tribal’’ and inserting ‘‘Tribal, and 

5 urban Indian organization’’; and 

6 (iv) in subparagraph (H), by inserting 

7 ‘‘, Indian Tribes, and urban Indian organi8 zations’’ after ‘‘public health’’; 

9 (3) in subsection (e), by inserting ‘‘Indian 

10 Tribes, Tribal organizations, urban Indian organiza11 tions,’’ after ‘‘local emergency plans,’’; 

12 (4) in subsection (g)(1), by striking ‘‘tribal offi13 cials’’ and inserting ‘‘Tribal officials’’; 

14 (5) in subsection (h)— 

15 (A) in paragraph (1)(A)— 

16 (i) by striking ‘‘through 2023’’ and in17 serting ‘‘and 2020’’; and 

18 (ii) by inserting before the period ‘‘; 

19 and $690,000,000 for each of fiscal years 

20 2021 through 2024 for awards pursuant to 

21 paragraph (3) (subject to the authority of 

22 the Secretary to make awards pursuant to 

23 paragraphs (4) and (5)) and paragraph (8), 

24 of which not less than $5,000,000 shall be 
1320 

•HR 925 EAH 

1 reserved each fiscal year for awards under 

2 paragraph (8)’’; 

3 (B) in paragraph (2)(B), by striking ‘‘trib4 al public’’ and inserting ‘‘Tribal public’’; 

5 (C) in the heading of paragraph (3), by in6 serting ‘‘FOR STATES’’ after ‘‘AMOUNT’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(8) TRIBAL ELIGIBLE ENTITIES.— 

9 ‘‘(A) DETERMINATION OF FUNDING

10 AMOUNT.— 

11 ‘‘(i) IN GENERAL.—The Secretary shall 

12 award at least 10 cooperative agreements 

13 under this section, in amounts not less than 

14 the minimum amount determined under 

15 clause (ii), to eligible entities described in 

16 subsection (b)(1)(D) that submits to the Sec17 retary an application that meets the cri18 teria of the Secretary for the receipt of such 

19 an award and that meets other reasonable 

20 implementation conditions established by 

21 the Secretary, in consultation with Indian 

22 Tribes, for such awards. If the Secretary re23 ceives more than 10 applications under this 

24 section from eligible entities described in 

25 subsection (b)(1)(D) that meet the criteria 
1321 

•HR 925 EAH 

1 and conditions described in the previous 

2 sentence, the Secretary, in consultation with 

3 Indian Tribes, may make additional 

4 awards under this section to such entities. 

5 ‘‘(ii) MINIMUM AMOUNT.—In deter6 mining the minimum amount of an award 

7 pursuant to clause (i), the Secretary, in 

8 consultation with Indian Tribes, shall first 

9 determine an amount the Secretary con10 siders appropriate for the eligible entity. 

11 ‘‘(B) AVAILABLE UNTIL EXPENDED.— 

12 Amounts provided to a Tribal eligible entity 

13 under a cooperative agreement under this section 

14 for a fiscal year and remaining unobligated at 

15 the end of such year shall remain available to 

16 such entity during the entirety of the perform17 ance period, for the purposes for which said 

18 funds were provided. 

19 ‘‘(C) NO MATCHING REQUIREMENT.—Sub20 paragraphs (B), (C), and (D) of paragraph (1) 

21 shall not apply with respect to cooperative agree22 ments awarded under this section to eligible enti23 ties described in subsection (b)(1)(D).’’; and 

24 (6) by adding at the end the following: 
1322 

•HR 925 EAH 

1 ‘‘(l) SPECIAL RULES RELATED TO TRIBAL ELIGIBLE

2 ENTITIES.— 

3 ‘‘(1) MODIFICATIONS.—After consultation with 

4 Indian Tribes, the Secretary may make necessary and 

5 appropriate modifications to the program under this 

6 section to facilitate the use of the cooperative agree7 ment program by eligible entities described in sub8 section (b)(1)(D). 

9 ‘‘(2) WAIVERS.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), the Secretary may waive or 

12 specify alternative requirements for any provi13 sion of this section (including regulations) that 

14 the Secretary administers in connection with 

15 this section if the Secretary finds that the waiver 

16 or alternative requirement is necessary for the ef17 fective delivery and administration of this pro18 gram with respect to eligible entities described in 

19 subsection (b)(1)(D). 

20 ‘‘(B) EXCEPTION.—The Secretary may not 

21 waive or specify alternative requirements under 

22 subparagraph (A) relating to labor standards or 

23 the environment. 

24 ‘‘(3) CONSULTATION.—The Secretary shall con25 sult with Indian Tribes and Tribal organizations on 
1323 

•HR 925 EAH 

1 the design of this program with respect to such Tribes 

2 and organizations to ensure the effectiveness of the 

3 program in enhancing the security of Indian Tribes 

4 with respect to public health emergencies. 

5 ‘‘(4) REPORTING.— 

6 ‘‘(A) IN GENERAL.—Not later than 2 years 

7 after the date of enactment of this subsection, 

8 and as an addendum to the biennial evaluations 

9 required under subsection (k), the Secretary, in 

10 coordination with the Director of the Indian 

11 Health Service, shall— 

12 ‘‘(i) conduct a review of the implemen13 tation of this section with respect to eligible 

14 entities described in subsection (b)(1)(D), 

15 including any factors that may have lim16 ited its success; and 

17 ‘‘(ii) submit a report describing the re18 sults of the review described in clause (i) 

19 to— 

20 ‘‘(I) the Committee on Indian Af21 fairs, the Committee on Health, Edu22 cation, Labor and Pensions, and the 

23 Committee on Appropriations of the 

24 Senate; and 
1324 

•HR 925 EAH 

1 ‘‘(II) the Subcommittee for Indig2 enous Peoples of the United States of 

3 the Committee on Natural Resources, 

4 the Committee on Energy and Com5 merce, and the Committee on Appro6 priations of the House of Representa7 tives. 

8 ‘‘(B) ANALYSIS OF TRIBAL PUBLIC HEALTH

9 EMERGENCY INFRASTRUCTURE LIMITATION.—The 

10 Secretary shall include in the initial report sub11 mitted under subparagraph (A) a description of 

12 any public health emergency infrastructure limi13 tation encountered by eligible entities described 

14 in subsection (b)(1)(D).’’. 

15 SEC. 642. PROVISION OF ITEMS TO INDIAN PROGRAMS AND 

16 FACILITIES. 

17 (a) STRATEGIC NATIONAL STOCKPILE.—Section 

18 319F–2(a)(3)(G) of the Public Health Service Act (42 

19 U.S.C. 247d–6b(a)(3)(G)) is amended by inserting ‘‘, and, 

20 in the case that the Secretary deploys the stockpile under 

21 this subparagraph, ensure, in coordination with the appli22 cable States and programs and facilities, that appropriate 

23 drugs, vaccines and other biological products, medical de24 vices, and other supplies are deployed by the Secretary di25 rectly to health programs or facilities operated by the In-
1325 

•HR 925 EAH 

1 dian Health Service, an Indian Tribe, a Tribal organiza2 tion (as those terms are defined in section 4 of the Indian 

3 Self-Determination and Education Assistance Act (25 

4 U.S.C. 5304)), or an inter-Tribal consortium (as defined 

5 in section 501 of the Indian Self-Determination and Edu6 cation Assistance Act (25 U.S.C. 5381)) or through an 

7 urban Indian organization (as defined in section 4 of the 

8 Indian Health Care Improvement Act), while avoiding du9 plicative distributions to such programs or facilities’’ before 

10 the semicolon. 

11 (b) DISTRIBUTION OF QUALIFIED PANDEMIC OR EPI12 DEMIC PRODUCTS TO IHS FACILITIES.—Title III of the 

13 Public Health Service Act (42 U.S.C. 241 et seq.) is amend14 ed by inserting after section 319F–4 the following: 

15 ‘‘SEC. 319F–5. DISTRIBUTION OF QUALIFIED PANDEMIC OR 

16 EPIDEMIC PRODUCTS TO INDIAN PROGRAMS 

17 AND FACILITIES. 

18 ‘‘In the case that the Secretary distributes qualified 

19 pandemic or epidemic products (as defined in section 

20 319F–3(i)(7)) to States or other entities, the Secretary shall 

21 ensure, in coordination with the applicable States and pro22 grams and facilities, that, as appropriate, such products are 

23 distributed directly to health programs or facilities operated 

24 by the Indian Health Service, an Indian Tribe, a Tribal 

25 organization (as those terms are defined in section 4 of the 
1326 

•HR 925 EAH 

1 Indian Self-Determination and Education Assistance Act 

2 (25 U.S.C. 5304)), or an inter-Tribal consortium (as de3 fined in section 501 of the Indian Self-Determination and 

4 Education Assistance Act (25 U.S.C. 5381)) or through an 

5 urban Indian organization (as defined in section 4 of the 

6 Indian Health Care Improvement Act), while avoiding du7 plicative distributions to such programs or facilities.’’. 

8 SEC. 643. HEALTH CARE ACCESS FOR URBAN NATIVE VET9 ERANS. 

10 Section 405 of the Indian Health Care Improvement 

11 Act (25 U.S.C. 1645) is amended— 

12 (1) in subsection (a)(1), by inserting ‘‘urban In13 dian organizations,’’ before ‘‘and tribal organiza14 tions’’; and 

15 (2) in subsection (c)— 

16 (A) by inserting ‘‘urban Indian organiza17 tion,’’ before ‘‘or tribal organization’’; and 

18 (B) by inserting ‘‘an urban Indian organi19 zation,’’ before ‘‘or a tribal organization’’. 

20 SEC. 644. TRIBAL SCHOOL FEDERAL INSURANCE PARITY. 

21 Section 409 of the Indian Health Care Improvement 

22 Act (25 U.S.C. 1647b) is amended by inserting ‘‘or the 

23 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 

24 et seq.)’’ after ‘‘(25 U.S.C. 450 et seq.)’’. 
1327 

•HR 925 EAH 

1 SEC. 645. PRC FOR NATIVE VETERANS. 

2 Section 405(c) of the Indian Health Care Improvement 

3 Act (25 U.S.C. 1645) is amended by inserting before the 

4 period at the end the following: ‘‘, regardless of whether such 

5 services are provided directly by the Service, an Indian 

6 tribe, or tribal organization, through contract health serv7 ices, or through a contract for travel described in section 

8 213(b)’’. 

9 Subtitle D—Public Health 

10 Assistance to Essential Workers 

11 SEC. 651. CONTAINMENT AND MITIGATION FOR ESSENTIAL 

12 WORKERS PROGRAM. 

13 (a) PROGRAM.—The Secretary, acting through the Di14 rector of the Centers for Disease Control and Prevention 

15 and in consultation with the Director of the National Insti16 tute for Occupational Safety and Health, shall establish a 

17 COVID–19 containment and mitigation for essential work18 ers program consisting of awarding grants under subsection 

19 (b). 

20 (b) GRANTS.—For the purpose of improving essential 

21 worker safety, the Secretary— 

22 (1) shall award a grant to each State health de23 partment; and 

24 (2) may award grants on a competitive basis to 

25 State, local, Tribal, or territorial health departments. 
1328 

•HR 925 EAH 

1 (c) USE OF FUNDS.—A State, local, Tribal, or terri2 torial health department receiving a grant under subsection 

3 (b) shall use the grant funds— 

4 (1) to purchase or procure personal protective 

5 equipment and rapid testing equipment and supplies 

6 for distribution to employers of essential workers, in7 cluding public employers; or 

8 (2) to support the implementation of other work9 place safety measures for use in containment and 

10 mitigation of COVID–19 transmission among essen11 tial workers in their workplaces, including workplaces 

12 of public employers. 

13 (d) FORMULA GRANTS TO STATE HEALTH DEPART14 MENTS.—In making grants under subsection (b)(1), the 

15 Secretary shall award funds to each State health depart16 ment in accordance with a formula based on overall popu17 lation size, essential workers population size, and burden 

18 of COVID–19. 

19 (e) COMPETITIVE GRANTS TO STATE, LOCAL, TRIBAL, 

20 AND TERRITORIAL HEALTH DEPARTMENTS.—In making 

21 grants under subsection (b)(2), the Secretary shall give pri22 ority to applicants demonstrating a commitment to con23 taining and mitigating COVID–19 among racial and eth24 nic minority groups who are disproportionately represented 

25 in essential worker settings. 
1329 

•HR 925 EAH 

1 (f) NO DUPLICATIVE ASSISTANCE LIMITATION.—The 

2 Secretary may not provide, and a State, local, Tribal, or 

3 territorial health department, or employer of essential work4 ers may not accept, assistance under this section for con5 tainment and mitigation of COVID–19 transmission 

6 among essential workers in their workplaces with respect 

7 to which— 

8 (1) the State, local, Tribal, or territorial health 

9 department, or employer of essential workers receives 

10 assistance from other sources for such purposes; or 

11 (2) other sources are obligated to provide assist12 ance to such health department or employer for such 

13 purposes. 

14 (g) TECHNICAL ASSISTANCE.—In carrying out the 

15 program under this section, the Secretary shall provide 

16 technical assistance to State, local, Tribal, or territorial 

17 health departments. 

18 (h) REPORT.—No later than 90 days after the date of 

19 enactment of this Act, and every 90 days thereafter, the Sec20 retary shall submit to the Committee on Energy and Com21 merce and the Committee on Education and Labor of the 

22 House of Representatives and the Committee on Health, 

23 Education, Labor, and Pensions of the Senate a report on 

24 the activities funded through this section, including— 
1330 

•HR 925 EAH 

1 (1) the amount expended and the awardees under 

2 subsection (b)(1); 

3 (2) the amount expended and the awardees under 

4 subsection (b)(2); 

5 (3) the total amount remaining of the amounts 

6 appropriated or otherwise made available to carry 

7 out this section under subsection (i); and 

8 (4) evaluating the progress of State, local, Trib9 al, and territorial health departments in reducing 

10 COVID–19 burden among essential workers. 

11 (i) CONSULTATION WITH ESSENTIAL EMPLOYERS, ES12 SENTIAL WORKERS, AND EMPLOYEE REPRESENTATIVES OF

13 ESSENTIAL WORKERS.— 

14 (1) IN GENERAL.—In developing the strategy 

15 and program under subsection (a) and in deter16 mining criteria for distribution of competitive grants 

17 under this section, the Secretary of Health and 

18 Human Services, acting through the Director of the 

19 Centers for Disease Control and Prevention and in 

20 consultation with the Director of the National Insti21 tute for Occupational Safety and Health, shall consult 

22 in advance with— 

23 (A) employers of essential workers; 

24 (B) representatives of essential workers; and 
1331 

•HR 925 EAH 

1 (C) labor organizations representing essen2 tial workers. 

3 (2) OPTIONAL ADVANCE CONSULTATION.—A 

4 State health department may, before receiving fund5 ing through a grant under this section, consult with 

6 employers of essential workers, representatives of 

7 workers, and labor organizations representing essen8 tial workers in determining— 

9 (A) priorities for the use of such funds; and 

10 (B) the distribution of COVID–19 contain11 ment and mitigation equipment and supplies. 

12 (j) DEFINITIONS.—In this section: 

13 (1) The term ‘‘essential worker’’ refers to— 

14 (A) the ‘‘essential critical infrastructure 

15 workers’’ identified in the Department of Home16 land Security’s ‘‘Advisory Memorandum on En17 suring Essential Critical Infrastructure Workers 

18 Ability to Work During the COVID–19 Re19 sponse’’ released on August 18, 2020 (or any suc20 cessor document); and 

21 (B) workers included as essential workers in 

22 executive orders issued by the Governor of a 

23 State. 

24 (2) The term ‘‘containment and mitigation’’ in25 cludes the use of— 
1332 

•HR 925 EAH 

1 (A) personal protective equipment; 

2 (B) other protections, including expanding 

3 or improving workplace infrastructure through 

4 engineering and work practice controls, such as 

5 ventilation systems, plexiglass partitions, air fil6 ters, and the use of hand sanitizer or sanitation 

7 supplies; 

8 (C) access to medical evaluations, testing 

9 (including rapid testing), and contact tracing; 

10 and 

11 (D) other related activities or equipment 

12 recommended or required by the Director of Cen13 ters of Disease Control and Prevention or re14 quired pursuant to the Occupational Safety and 

15 Health Act of 1970 (29 U.S.C. 651 et seq.) or a 

16 State plan approved pursuant to section 18 of 

17 that Act (29 U.S.C. 667); and 

18 (k) AUTHORIZATION OF APPROPRIATIONS.—To carry 

19 out this section, there is authorized to be appropriated 

20 $2,000,000,000, to remain available until expended. 

21 TITLE VII—VACCINE DEVELOP22 MENT, DISTRIBUTION, ADMIN23 ISTRATION, AND AWARENESS 

24 SEC. 701. DEFINITIONS. 

25 In this title: 
1333 

•HR 925 EAH 

1 (1) The term ‘‘ancillary medical supplies’’ in2 cludes— 

3 (A) vials; 

4 (B) bandages; 

5 (C) alcohol swabs; 

6 (D) syringes; 

7 (E) needles; 

8 (F) gloves, masks, and other personal pro9 tective equipment; 

10 (G) cold storage equipment; and 

11 (H) other products the Secretary determines 

12 necessary for the administration of vaccines. 

13 (2) The term ‘‘Secretary’’ means the Secretary of 

14 Health and Human Services. 

15 SEC. 702. VACCINE AND THERAPEUTIC DEVELOPMENT AND 

16 PROCUREMENT. 

17 (a) ENHANCING DEVELOPMENT, PROCUREMENT AND

18 MANUFACTURING CAPACITY.— 

19 (1) IN GENERAL.—The Secretary shall, as appro20 priate, award contracts, grants, and cooperative 

21 agreements, and, where otherwise allowed by law, 

22 enter into other transactions, for purposes of— 

23 (A) expanding and enhancing COVID–19 

24 and SARS–CoV–2 vaccine and therapeutic devel25 opment and research; 
1334 

•HR 925 EAH 

1 (B) procurement of COVID–19 and SARS– 

2 CoV–2 vaccines, therapeutics, and ancillary 

3 medical supplies; and 

4 (C) expanding and enhancing capacity for 

5 manufacturing vaccines, therapeutics, and ancil6 lary medical supplies to prevent the spread of 

7 COVID–19 and SARS–CoV–2 and . 

8 (2) AUTHORIZATION OF APPROPRIATIONS.—To 

9 carry out this subsection, there is authorized to be ap10 propriated $20,000,000,000 for the period of fiscal 

11 years 2021 through 2025, to remain available until 

12 expended. 

13 (b) REPORT ON VACCINE MANUFACTURING AND AD14 MINISTRATION CAPACITY.—Not later than December 1, 

15 2020, the Secretary shall submit to the Committee on En16 ergy and Commerce and the Committee on Appropriations 

17 of the House of Representatives and the Committee on 

18 Health, Education, Labor and Pensions and the Committee 

19 on Appropriations of the Senate a report detailing— 

20 (1) an assessment of the estimated supply of vac21 cines and ancillary medical supplies related to vac22 cine administration necessary to control and stop the 

23 spread of SARS–CoV–2 and COVID–19, domestically 

24 and internationally; 
1335 

•HR 925 EAH 

1 (2) an assessment of current and future domestic 

2 capacity for manufacturing vaccines or vaccine can3 didates to control or stop the spread of SARS–CoV– 

4 2 and COVID–19 and ancillary medical supplies re5 lated to the administration of such vaccines, includ6 ing— 

7 (A) identification of any gaps in capacity 

8 for manufacturing; and 

9 (B) the effects of shifting manufacturing re10 sources to address COVID–19; 

11 (3) activities conducted to expand and enhance 

12 capacity for manufacturing vaccines, vaccine can13 didates, and ancillary medical supplies to levels suffi14 cient to control and stop the spread of SARS–CoV– 

15 2 and COVID–19, domestically and internationally, 

16 including a list and explanation of all contracts, 

17 grants, and cooperative agreements awarded, and 

18 other transactions entered into, for purposes of such 

19 expansion and enhancement and how such activities 

20 will help to meet future domestic manufacturing ca21 pacity needs; 

22 (4) a plan for the ongoing support of enhanced 

23 capacity for manufacturing vaccines, vaccine can24 didates, and ancillary medical supplies sufficient to 
1336 

•HR 925 EAH 

1 control and stop the spread of SARS–CoV–2 and 

2 COVID–19, domestically and internationally; and 

3 (5) a plan to support the distribution and ad4 ministration of vaccines approved or authorized by 

5 the Food and Drug Administration to control and 

6 stop the spread of SARS–CoV–2 and COVID–19, do7 mestically and internationally, including Federal 

8 workforce enhancements necessary to administer such 

9 vaccines. 

10 SEC. 703. VACCINE DISTRIBUTION AND ADMINISTRATION. 

11 (a) IN GENERAL.—The Secretary, acting through the 

12 Director of the Centers for Disease Control and Prevention, 

13 shall— 

14 (1) conduct activities to enhance, expand, and 

15 improve nationwide COVID–19 and SARS–CoV–2 

16 vaccine distribution and administration, including 

17 activities related to distribution of ancillary medical 

18 supplies; and 

19 (2) award grants or cooperative agreements to 

20 State, local, Tribal, and territorial public health de21 partments for enhancement of COVID–19 and SARS– 

22 CoV–2 vaccine distribution and administration capa23 bilities, including— 

24 (A) distribution of vaccines approved or au25 thorized by the Food and Drug Administration; 
1337 

•HR 925 EAH 

1 (B) distribution of ancillary medical sup2 plies; 

3 (C) workforce enhancements; 

4 (D) information technology and data en5 hancements, including— 

6 (i) enhancements for purposes of main7 taining and tracking real-time information 

8 related to vaccine distribution and adminis9 tration; and 

10 (ii) enhancements to improve immuni11 zation information systems, including pa12 tient matching capabilities and the inter13 operability of such systems, that are admin14 istered by State, local, Tribal, and terri15 torial public health departments and used 

16 by health care providers and health care fa17 cilities; and 

18 (E) facilities enhancements. 

19 (b) REPORT TO CONGRESS.—Not later than December 

20 31, 2020, and annually thereafter, the Secretary shall sub21 mit a report to the Committee on Energy and Commerce 

22 and the Committee on Appropriations of the House of Rep23 resentatives and the Committee on Health, Education, 

24 Labor, and Pensions and the Committee on Appropriations 
1338 

•HR 925 EAH 

1 of the Senate detailing activities carried out and grants and 

2 cooperative agreements awarded under this section. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

4 out this section, there is authorized to be appropriated 

5 $7,000,000,000 for the period of fiscal years 2021 through 

6 2025, to remain available until expended. 

7 SEC. 704. STOPPING THE SPREAD OF COVID–19 AND OTHER 

8 INFECTIOUS DISEASES THROUGH EVIDENCE9 BASED VACCINE AWARENESS. 

10 (a) IN GENERAL.—The Public Health Service Act is 

11 amended by striking section 313 of such Act (42 U.S.C. 245) 

12 and inserting the following: 

13 ‘‘SEC. 313. PUBLIC AWARENESS CAMPAIGN ON THE IMPOR14 TANCE OF VACCINATIONS. 

15 ‘‘(a) IN GENERAL.—The Secretary, acting through the 

16 Director of the Centers for Disease Control and Prevention 

17 and in coordination with other offices and agencies, as ap18 propriate, shall award competitive grants or contracts to 

19 one or more public or private entities to carry out a na20 tional, evidence-based campaign for increasing rates of vac21 cination across all ages, as applicable, particularly in com22 munities with low rates of vaccination, to reduce and elimi23 nate vaccine-preventable diseases by— 

24 ‘‘(1) increasing awareness and knowledge of the 

25 safety and effectiveness of vaccines approved or au-
1339 

•HR 925 EAH 

1 thorized by the Food and Drug Administration for the 

2 prevention and control of diseases, including COVID– 

3 19; 

4 ‘‘(2) combating misinformation about vaccines; 

5 and 

6 ‘‘(3) disseminating scientific and evidence-based 

7 vaccine-related information. 

8 ‘‘(b) CONSULTATION.—In carrying out the campaign 

9 under this section, the Secretary shall consult with appro10 priate public health and medical experts, including the Na11 tional Academy of Medicine and medical and public health 

12 associations and nonprofit organizations, in the develop13 ment, implementation, and evaluation of the campaign 

14 under this section. 

15 ‘‘(c) REQUIREMENTS.—The campaign under this sec16 tion shall— 

17 ‘‘(1) be a nationwide, evidence-based media and 

18 public engagement initiative; 

19 ‘‘(2) include the development of resources for 

20 communities with low rates of vaccination, including 

21 culturally and linguistically appropriate resources, as 

22 applicable; 

23 ‘‘(3) include the dissemination of vaccine infor24 mation and communication resources to public health 

25 departments, health care providers, and health care 
1340 

•HR 925 EAH 

1 facilities, including such providers and facilities that 

2 provide prenatal and pediatric care; 

3 ‘‘(4) be complementary to, and coordinated with, 

4 any other Federal, State, local, or Tribal efforts; 

5 ‘‘(5) assess the effectiveness of communication 

6 strategies to increase rates of vaccination; and 

7 ‘‘(6) not be used for partisan political purposes, 

8 or to express advocacy in support of or to defeat any 

9 clearly identified candidate, clearly identified ballot 

10 initiative, or clearly identified legislative or regu11 latory proposal. 

12 ‘‘(d) ADDITIONAL ACTIVITIES.—The campaign under 

13 this section may— 

14 ‘‘(1) include the use of television, radio, the 

15 internet, and other media and telecommunications 

16 technologies; 

17 ‘‘(2) include the use of in-person activities; 

18 ‘‘(3) be focused and directed to address specific 

19 needs of communities and populations with low rates 

20 of vaccination; and 

21 ‘‘(4) include the dissemination of scientific and 

22 evidence-based vaccine-related information, such as— 

23 ‘‘(A) advancements in evidence-based re24 search related to diseases that may be prevented 

25 by vaccines and vaccine development; 
1341 

•HR 925 EAH 

1 ‘‘(B) information on vaccinations for indi2 viduals and communities, including individuals 

3 for whom vaccines are not recommended by the 

4 Advisory Committee for Immunization Practices, 

5 and the effects of low vaccination rates within a 

6 community on such individuals; 

7 ‘‘(C) information on diseases that may be 

8 prevented by vaccines; and 

9 ‘‘(D) information on vaccine safety and the 

10 systems in place to monitor vaccine safety. 

11 ‘‘(e) EVALUATION.—The Secretary shall— 

12 ‘‘(1) establish benchmarks and metrics to quan13 titatively measure and evaluate the campaign under 

14 this section; 

15 ‘‘(2) conduct qualitative assessments regarding 

16 the campaign under this section; and 

17 ‘‘(3) prepare and submit to the Committee on 

18 Energy and Commerce of the House of Representa19 tives and the Committee on Health, Education, 

20 Labor, and Pensions of the Senate an evaluation of 

21 the campaign under this section. 

22 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made 

23 available to carry out this section shall be used to supple24 ment and not supplant other Federal, State, local, and 
1342 

•HR 925 EAH 

1 Tribal public funds provided for activities described in this 

2 section. 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $200,000,000 for the period of fiscal years 2021 through 

6 2025.’’. 

7 (b) GRANTS TO ADDRESS VACCINE-PREVENTABLE DIS8 EASES.—Section 317 of the Public Health Service Act (42 

9 U.S.C. 247b) is amended— 

10 (1) in subsection (k)— 

11 (A) in paragraph (1)— 

12 (i) in subparagraph (C), by striking ‘‘; 

13 and’’ at the end and inserting a semicolon; 

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

15 the period at the end and inserting a semi16 colon; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(E) planning, implementation, and evaluation 

20 of activities to address vaccine-preventable diseases, 

21 including activities— 

22 ‘‘(i) to identify communities at high risk of 

23 outbreaks related to vaccine-preventable diseases, 

24 including through improved data collection and 

25 analysis; 
1343 

•HR 925 EAH 

1 ‘‘(ii) to pilot innovative approaches to im2 prove vaccination rates in communities and 

3 among populations with low rates of vaccina4 tion; 

5 ‘‘(iii) to reduce barriers to accessing vac6 cines and evidence-based information about the 

7 health effects of vaccines; 

8 ‘‘(iv) to partner with community organiza9 tions and health care providers to develop and 

10 deliver evidence-based, culturally and linguis11 tically appropriate interventions to increase vac12 cination rates; 

13 ‘‘(v) to improve delivery of evidence-based 

14 vaccine-related information to parents and oth15 ers; and 

16 ‘‘(vi) to improve the ability of State, local, 

17 Tribal, and territorial public health departments 

18 to engage communities at high risk for outbreaks 

19 related to vaccine-preventable diseases, including, 

20 as appropriate, with local educational agencies 

21 (as defined in section 8101 of the Elementary 

22 and Secondary Education Act of 1965); and 

23 ‘‘(F) research related to strategies for improving 

24 awareness of scientific and evidence-based vaccine-re25 lated information, including for communities with 
1344 

•HR 925 EAH 

1 low rates of vaccination, in order to understand bar2 riers to vaccination, improve vaccination rates, and 

3 assess the public health outcomes of such strategies.’’; 

4 and 

5 (B) by adding at the end the following: 

6 ‘‘(5) In addition to amounts authorized to be appro7 priated by subsection (j) to carry out this subsection, there 

8 is authorized to be appropriated to carry out this subsection 

9 $750,000,000 for the period of fiscal years 2021 through 

10 2025.’’; and 

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

12 ‘‘(n) VACCINATION DATA.— 

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

14 through the Director of the Centers for Disease Con15 trol and Prevention, shall expand and enhance, and, 

16 as appropriate, establish and improve, programs and 

17 conduct activities to collect, monitor, and analyze 

18 vaccination coverage data to assess levels of protection 

19 from vaccine-preventable diseases including COVID– 

20 19, including by— 

21 ‘‘(A) assessing factors contributing to un22 derutilization of vaccines and variations of such 

23 factors; and 
1345 

•HR 925 EAH 

1 ‘‘(B) identifying communities at high risk 

2 of outbreaks associated with vaccine-preventable 

3 diseases. 

4 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

5 There is authorized to be appropriated to carry out 

6 this section $50,000,000 for the period of fiscal years 

7 2021 through 2025.’’. 

8 (c) SUPPLEMENTAL GRANT FUNDS.—Section 

9 330(d)(1) of the Public Health Service Act (42 U.S.C. 

10 254b(d)(1)) is amended— 

11 (1) in subparagraph (F), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (G), by striking the period 

14 at the end and inserting ‘‘; and’’; and 

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

16 ‘‘(H) improving access to recommended im17 munizations.’’. 

18 (d) UPDATE OF 2015 NVAC REPORT.—The National 

19 Vaccine Advisory Committee established under section 2105 

20 of the Public Health Service Act (42 U.S.C. 300aa–5) shall, 

21 as appropriate, update the report entitled, ‘‘Assessing the 

22 State of Vaccine Confidence in the United States: Rec23 ommendations from the National Vaccine Advisory Com24 mittee’’, approved by the National Vaccine Advisory Com-
1346 

•HR 925 EAH 

1 mittee on June 10, 2015, with respect to factors affecting 

2 childhood vaccination. 

3 TITLE VIII—OTHER MATTERS 

4 SEC. 801. NON-DISCRIMINATION. 

5 (a) IN GENERAL.—Notwithstanding any provision of 

6 a covered law (or an amendment made in any such provi7 sion), no person otherwise eligible shall be excluded from 

8 participation in, denied the benefits of, or subjected to dis9 crimination in the administration of, programs and serv10 ices receiving funding under a covered law (or an amend11 ment made by a provision of such a covered law), based 

12 on any factor that is not merit-based, such as age, dis13 ability, sex (including sexual orientation, gender identity, 

14 and pregnancy, childbirth, and related medical conditions), 

15 race, color, national origin, immigration status, or religion. 

16 (b) COVERED LAW DEFINED.—In this section, the term 

17 ‘‘covered law’’ includes— 

18 (1) this Act (other than this section); 

19 (2) title I of division B of the Paycheck Protec20 tion Program and Healthcare Enhancement Act 

21 (Public Law 116–139); 

22 (3) subtitles A, D, and E of title III of the 

23 CARES Act (Public Law 116–136); 

24 (4) division F of the Families First Coronavirus 

25 Relief Act (Public Law 116–127); and 
1347 

•HR 925 EAH 

1 (5) division B of the Coronavirus Preparedness 

2 and Response Supplemental Appropriations Act, 

3 2020 (Public Law 116–123). 

4 DIVISION L—VETERANS AND 

5 SERVICEMEMBERS PROVISIONS 

6 SEC. 101. INCREASE OF AMOUNT OF CERTAIN DEPARTMENT 

7 OF VETERANS AFFAIRS PAYMENTS DURING 

8 EMERGENCY PERIOD RESULTING FROM 

9 COVID–19 PANDEMIC. 

10 (a) IN GENERAL.—During the covered period, the Sec11 retary of Veterans Affairs shall apply each of the following 

12 provisions of title 38, United States Code, by substituting 

13 for each of the dollar amounts in such provision the amount 

14 equal to 125 percent of the dollar amount that was in effect 

15 under such provision on the date of the enactment of this 

16 Act: 

17 (1) Subsections (l), (m), (r), and (t) of section 

18 1114. 

19 (2) Paragraph (1)(E) of section 1115. 

20 (3) Subsection (c) of section 1311. 

21 (4) Subsection (g) of section 1315. 

22 (5) Paragraphs (1) and (2) of subsection (d) of 

23 section 1521. 

24 (6) Paragraphs (2) and (4) of subsection (f) of 

25 section 1521. 
1348 

•HR 925 EAH 

1 (b) TREATMENT OF AMOUNTS.—Any amount payable 

2 to an individual under subsection (a) in excess of the 

3 amount otherwise in effect shall be in addition to any other 

4 benefit or any other amount payable to that individual 

5 under any provision of law referred to in subsection (a) 

6 or any other provision of law administered by the Secretary 

7 of Veterans Affairs. 

8 (c) COVERED PERIOD.—In this section, the covered pe9 riod is the period that begins on the date of the enactment 

10 of this Act and ends 60 days after the last day of the emer11 gency period (as defined in section 1135(g)(1) of the Social 

12 Security Act (42 U.S.C. 1320b-5(g)(1))) resulting from the 

13 COVID–19 pandemic. 

14 SEC. 102. PROHIBITION ON COPAYMENTS AND COST SHAR15 ING FOR VETERANS RECEIVING PREVENTIVE 

16 SERVICES RELATING TO COVID–19. 

17 (a) PROHIBITION.—The Secretary of Veterans Affairs 

18 may not require any copayment or other cost sharing under 

19 chapter 17 of title 38, United States Code, for qualifying 

20 coronavirus preventive services. The requirement described 

21 in this subsection shall take effect with respect to a quali22 fying coronavirus preventive service on the specified date. 

23 (b) DEFINITIONS.—In this section, the terms ‘‘quali24 fying coronavirus preventive service’’ and ‘‘specified date’’ 
1349 

•HR 925 EAH 

1 have the meaning given those terms in section 3203 of the 

2 CARES Act (Public Law 116–136). 

3 SEC. 103. EMERGENCY TREATMENT FOR VETERANS DURING 

4 COVID–19 EMERGENCY PERIOD. 

5 (a) EMERGENCY TREATMENT.—Notwithstanding sec6 tion 1725 or 1728 of title 38, United States Code, or any 

7 other provision of law administered by the Secretary of Vet8 erans Affairs pertaining to furnishing emergency treatment 

9 to veterans at non-Department facilities, during the period 

10 of a covered public health emergency, the Secretary of Vet11 erans Affairs shall furnish to an eligible veteran emergency 

12 treatment at a non-Department facility in accordance with 

13 this section. 

14 (b) AUTHORIZATION NOT REQUIRED.—The Secretary 

15 may not require an eligible veteran to seek authorization 

16 by the Secretary for emergency treatment furnished to the 

17 veteran pursuant to subsection (a). 

18 (c) PAYMENT RATES.— 

19 (1) DETERMINATION.—The rate paid for emer20 gency treatment furnished to eligible veterans pursu21 ant to subsection (a) shall be equal to the rate paid 

22 by the United States to a provider of services (as de23 fined in section 1861(u) of the Social Security Act 

24 (42 U.S.C. 1395x(u))) or a supplier (as defined in 

25 section 1861(d) of such Act (42 U.S.C. 1395x(d))) 
1350 

•HR 925 EAH 

1 under the Medicare program under title XI or title 

2 XVIII of the Social Security Act (42 U.S.C. 1301 et 

3 seq.), including section 1834 of such Act (42 U.S.C. 

4 1395m), for the same treatment. 

5 (2) FINALITY.—A payment in the amount pay6 able under paragraph (1) for emergency treatment 

7 furnished to an eligible veteran pursuant to subsection 

8 (a) shall be considered payment in full and shall ex9 tinguish the veteran’s liability to the provider of such 

10 treatment, unless the provider rejects the payment 

11 and refunds to the United States such amount by not 

12 later than 30 days after receiving the payment. 

13 (d) CLAIMS PROCESSED BY THIRD PARTY ADMINIS14 TRATORS.— 

15 (1) REQUIREMENT.—Not later than 30 days 

16 after the date of the enactment of this Act, the Sec17 retary shall seek to award a contract to one or more 

18 entities, or to modify an existing contract, to process 

19 claims for payment for emergency treatment fur20 nished to eligible veterans pursuant to subsection (a). 

21 (2) PROMPT PAYMENT STANDARD.—Section 

22 1703D of title 38, United States Code, shall apply 

23 with respect to claims for payment for emergency 

24 treatment furnished to eligible veterans pursuant to 

25 subsection (a). 
1351 

•HR 925 EAH 

1 (e) PRIMARY PAYER.—The Secretary shall be the pri2 mary payer with respect to emergency treatment furnished 

3 to eligible veterans pursuant to subsection (a), and with re4 spect to the transportation of a veteran by ambulance. In 

5 any case in which an eligible veteran is furnished such 

6 emergency treatment for a non-service-connected disability 

7 described in subsection (a)(2) of section 1729 of title 38, 

8 United States Code, the Secretary shall recover or collect 

9 reasonable charges for such treatment from a health plan 

10 contract described in such section 1729 in accordance with 

11 such section. 

12 (f) APPLICATION.—This section shall apply to emer13 gency treatment furnished to eligible veterans during the 

14 period of a covered public health emergency, regardless of 

15 whether treatment was furnished before the date of the en16 actment of this Act. 

17 (g) DEFINITIONS.—In this section: 

18 (1) The term ‘‘covered public health emergency’’ 

19 means the declaration— 

20 (A) of a public health emergency, based on 

21 an outbreak of COVID–19 by the Secretary of 

22 Health and Human Services under section 319 

23 of the Public Health Service Act (42 U.S.C. 

24 247d); or 
1352 

•HR 925 EAH 

1 (B) of a domestic emergency, based on an 

2 outbreak of COVID–19 by the President, the Sec3 retary of Homeland Security, or a State or local 

4 authority. 

5 (2) The term ‘‘eligible veteran’’ means a veteran 

6 enrolled in the health care system established under 

7 section 1705 of title 38, United States Code. 

8 (3) The term ‘‘emergency treatment’’ means med9 ical care or services rendered in a medical emergency 

10 of such nature that a prudent layperson reasonably 

11 expects that delay in seeking immediate medical at12 tention would be hazardous to life or health. 

13 (4) The term ‘‘non-Department facility’’ has the 

14 meaning given that term in section 1701 of title 38, 

15 United States Code. 

16 SEC. 104. HUD–VASH PROGRAM. 

17 The Secretary of Housing and Urban Development 

18 shall take such actions with respect to the supported housing 

19 program carried out under section 8(o)(19) of the United 

20 States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) in 

21 conjunction with the Department of Veterans Affairs (com22 monly referred to as ‘‘HUD–VASH’’), and shall require 

23 public housing agencies administering assistance under 

24 such program to take such actions, as may be appropriate 

25 to facilitate the issuance and utilization of vouchers for 
1353 

•HR 925 EAH 

1 rental assistance under such program during the period of 

2 the covered public health emergency (as such term is defined 

3 in section 1 of this Act), including the following actions: 

4 (1) Establishing mechanisms and procedures 

5 providing for referral and application documents 

6 used under such program to be received by fax, elec7 tronic mail, drop box, or other means not requiring 

8 in-person contact. 

9 (2) Establishing mechanisms and procedures for 

10 processing applications for participation in such pro11 gram that do not require identification or verification 

12 of identity by social security number or photo ID in 

13 cases in which closure of governmental offices prevents 

14 confirmation or verification of identity by such 

15 means. 

16 (3) Providing for waiver of requirements to con17 duct housing quality standard inspections with re18 spect to dwelling units for which rental assistance is 

19 provided under such program. 

20 SEC. 105. DEFERRAL OF CERTAIN DEBTS ARISING FROM 

21 BENEFITS UNDER LAWS ADMINISTERED BY 

22 THE SECRETARY OF VETERANS AFFAIRS. 

23 (a) IN GENERAL.—During the covered period, the Sec24 retary of Veterans Affairs may not— 
1354 

•HR 925 EAH 

1 (1) take any action to collect a covered debt (in2 cluding the offset of any payment by the Secretary); 

3 (2) record a covered debt; 

4 (3) issue notice of a covered debt to a person or 

5 a consumer reporting agency; 

6 (4) allow any interest to accrue on a covered 

7 debt; or 

8 (5) apply any administrative fee to a covered 

9 debt. 

10 (b) EXCEPTION.—Notwithstanding subsection (a), the 

11 Secretary may collect a payment regarding a covered debt 

12 (including interest or any administrative fee) from a person 

13 (or the fiduciary of that person) who elects to make such 

14 a payment during the covered period. 

15 (c) DEFINITIONS.—In this section: 

16 (1) The term ‘‘consumer reporting agency’’ has 

17 the meaning given that term in section 5701 of title 

18 38, United States Code. 

19 (2) The term ‘‘covered debt’’ means a debt— 

20 (A) owed by a person (including a fidu21 ciary) to the United States; 

22 (B) arising from a benefit under a covered 

23 law; and 

24 (C) that is not subject to recovery under— 
1355 

•HR 925 EAH 

1 (i) section 3729 of title 31, United 

2 States Code; 

3 (ii) section 1729 of title 38, United 

4 States Code; or 

5 (iii) Public Law 87–693 (42 U.S.C. 

6 2651). 

7 (3) The term ‘‘covered law’’ means any law ad8 ministered by the Secretary of Veterans Affairs 

9 through— 

10 (A) the Under Secretary for Health; or 

11 (B) the Under Secretary for Benefits. 

12 (4) The term ‘‘covered period’’ means— 

13 (A) the COVID–19 emergency period; and 

14 (B) the 60 days immediately following the 

15 date of the end of the COVID–19 emergency pe16 riod. 

17 (5) The term ‘‘COVID–19 emergency period’’ 

18 means the emergency period described in section 

19 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 

20 1320b-5(g)(1)(B)). 
1356 

•HR 925 EAH 

1 SEC. 106. TOLLING OF DEADLINES RELATING TO CLAIMS 

2 FOR BENEFITS ADMINISTERED BY SEC3 RETARY OF VETERANS AFFAIRS. 

4 (a) REQUIRED TOLLING.—With respect to claims and 

5 appeals made by a claimant, the covered period shall be 

6 excluded in computing the following: 

7 (1) In cases where an individual expresses an in8 tent to file a claim, the period in which the indi9 vidual is required to file the claim in order to have 

10 the effective date of the claim be determined based on 

11 the date of such intent, as described in section 

12 3.155(b)(1) of title 38, Code of Federal Regulations. 

13 (2) The period in which the claimant is required 

14 to take an action pursuant to section 5104C of title 

15 38, United States Code. 

16 (3) The period in which the claimant is required 

17 to appeal a change in service-connected or employ18 ability status or change in physical condition de19 scribed in section 5112(b)(6) of such title. 

20 (4) The period in which an individual is re21 quired to file a notice of appeal under section 7266 

22 of such title. 

23 (5) Any other period in which a claimant or 

24 beneficiary is required to act with respect to filing, 

25 perfecting, or appealing a claim, as determined ap26 propriate by the Secretary of Veterans Affairs. 
1357 

•HR 925 EAH 

1 (b) USE OF POSTMARK DATES.—With respect to 

2 claims filed using nonelectronic means and appeals made 

3 during the covered period, the Secretary of Veterans Affairs 

4 and the Court of Appeals for Veterans Claims, as the case 

5 may be, shall administer the provisions of title 38, United 

6 States Code, as follows: 

7 (1) In section 5110— 

8 (A) in subsection (a)— 

9 (i) in paragraph (1), by substituting 

10 ‘‘the earlier of the date of receipt of applica11 tion therefor and the date of the postmark 

12 or other official proof of mailing date of the 

13 application therefor’’ for ‘‘the date of receipt 

14 of application therefor’’; and 

15 (ii) in paragraph (3), by substituting 

16 ‘‘the earlier of the date of receipt of the sup17 plemental claim and the date of the post18 mark or other official proof of mailing date 

19 of the supplemental claim’’ for ‘‘the date of 

20 receipt of the supplemental claim’’; and 

21 (B) in subsection (b)(2)(A), by substituting 

22 ‘‘the earlier of the date of receipt of application 

23 and the date of the postmark or other official 

24 proof of mailing date of the application’’ for ‘‘the 

25 date of receipt of the application’’. 
1358 

•HR 925 EAH 

1 (2) In section 7266, without regard to subsection 

2 (d). 

3 (c) DEFINITIONS.—In this section: 

4 (1) The term ‘‘claimant’’ has the meaning given 

5 that term in section 5100 of title 38, United States 

6 Code. 

7 (2) The term ‘‘covered period’’ means the period 

8 beginning on the date of the emergency period (as de9 fined in section 1135(g)(1) of the Social Security Act 

10 (42 U.S.C. 1320b-5(g)(1))) resulting from the 

11 COVID–19 pandemic and ending 90 days after the 

12 last day of such emergency period. 

13 SEC. 107. PROVISION OF DEPARTMENT OF VETERANS AF14 FAIRS HOSPITAL CARE AND MEDICAL SERV15 ICES TO CERTAIN VETERANS WHO ARE UNEM16 PLOYED OR LOST EMPLOYER-SPONSORED 

17 HEALTH CARE COVERAGE BY REASON OF A 

18 COVERED PUBLIC HEALTH EMERGENCY. 

19 (a) IN GENERAL.—During the 12-month period begin20 ning on the date on which a covered veteran applies for 

21 hospital care or medical services under this section, the Sec22 retary of Veterans Affairs shall consider the covered veteran 

23 to be unable to defray the expenses of necessary care for 

24 purposes of section 1722 of title 38, United States Code, 
1359 

•HR 925 EAH 

1 and shall furnish to such veteran hospital care and medical 

2 services under chapter 17 of title 38, United States Code. 

3 (b) COVERED VETERAN.—For purposes of this section, 

4 a covered veteran is a veteran— 

5 (1) who— 

6 (A) is unemployed; or 

7 (B) has lost access to a group health plan 

8 or group health insurance coverage by reason of 

9 a covered public health emergency; and 

10 (2) whose projected attributable income for the 

11 12-month period beginning on the date of application 

12 for hospital care or medical services under this section 

13 is not more than the amount in effect under section 

14 1722(b) of title 38, United States Code. 

15 (c) DEFINITIONS.—In this section: 

16 (1) The term ‘‘covered public health emergency’’ 

17 means the declaration— 

18 (A) of a public health emergency, based on 

19 an outbreak of COVID–19 by the Secretary of 

20 Health and Human Services under section 319 

21 of the Public Health Service Act (42 U.S.C. 

22 247d); or 

23 (B) of a domestic emergency, based on an 

24 outbreak of COVID–19 by the President, the Sec-
1360 

•HR 925 EAH 

1 retary of Homeland Security, or State, or local 

2 authority. 

3 (2) The terms ‘‘group health plan’’ and ‘‘group 

4 health insurance coverage’’ have the meaning given 

5 such terms in section 2701 of the Public Health Serv6 ice Act (42 U.S.C. 300gg-3). 

7 SEC. 108. EXPANSION OF VET CENTER SERVICES TO VET8 ERANS AND MEMBERS OF THE ARMED 

9 FORCES WHO PERFORM CERTAIN SERVICE IN 

10 RESPONSE TO COVERED PUBLIC HEALTH 

11 EMERGENCY. 

12 (a) IN GENERAL.—Section 1712A of title 38, United 

13 States Code, is amended— 

14 (1) by striking ‘‘clauses (i) through (iv)’’ both 

15 places it appears and inserting ‘‘clauses (i) through 

16 (v)’’; 

17 (2) by striking ‘‘in clause (v)’’ both places it ap18 pears and inserting ‘‘in clause (vi)’’; 

19 (3) in subsection (a)(1)(C)— 

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

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

22 (B) by inserting after clause (iii) the fol23 lowing new clause (iv): 

24 ‘‘(iv) Any individual who is a veteran or mem25 ber of the Armed Forces (including the reserve compo-
1361 

•HR 925 EAH 

1 nents), who, in response to a covered public health 

2 emergency, performed active service or State active 

3 duty for a period of at least 14 days.’’; and 

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

5 following new paragraphs: 

6 ‘‘(4) The term ‘active service’ has the meaning 

7 given that term in section 101 of title 10. 

8 ‘‘(5) The term ‘covered public health emergency’ 

9 means the declaration— 

10 ‘‘(A) of a public health emergency, based on 

11 an outbreak of COVID–19, by the Secretary of 

12 Health and Human Services under section 319 

13 of the Public Health Service Act (42 U.S.C. 

14 247d); or 

15 ‘‘(B) of a domestic emergency, based on an 

16 outbreak of COVID–19, by the President, the 

17 Secretary of Homeland Security, or a State or 

18 local authority.’’. 

19 (b) CONFORMING AMENDMENT.—Section 201(q)(4) of 

20 the Commander John Scott Hannon Veterans Mental 

21 Health Care Improvement Act of 2019 is amended by strik22 ing ‘‘clauses (i) through (iv) of section 1712A(a)(1)(C)’’ and 

23 inserting ‘‘clauses (i) through (v) of section 

24 1712A(a)(1)(C)’’. 
1362 

•HR 925 EAH 

1 DIVISION M—CONSUMER PRO2 TECTION AND TELECOMMUNI3 CATIONS PROVISIONS 

4 TITLE I—COVID–19 PRICE 

5 GOUGING PREVENTION 

6 SEC. 101. SHORT TITLE. 

7 This title may be cited as the ‘‘COVID–19 Price 

8 Gouging Prevention Act’’. 

9 SEC. 102. PREVENTION OF PRICE GOUGING. 

10 (a) IN GENERAL.—For the duration of a public health 

11 emergency declared pursuant to section 319 of the Public 

12 Health Service Act (42 U.S.C. 247d) as a result of con13 firmed cases of 2019 novel coronavirus (COVID–19), in14 cluding any renewal thereof, it shall be unlawful for any 

15 person to sell or offer for sale a good or service at a price 

16 that— 

17 (1) is unconscionably excessive; and 

18 (2) indicates the seller is using the circumstances 

19 related to such public health emergency to increase 

20 prices unreasonably. 

21 (b) FACTORS FOR CONSIDERATION.—In determining 

22 whether a person has violated subsection (a), there shall be 

23 taken into account, with respect to the price at which such 

24 person sold or offered for sale the good or service, factors 

25 that include the following: 
1363 

•HR 925 EAH 

1 (1) Whether such price grossly exceeds the aver2 age price at which the same or a similar good or serv3 ice was sold or offered for sale by such person— 

4 (A) during the 90-day period immediately 

5 preceding January 31, 2020; or 

6 (B) during the period that is 45 days before 

7 or after the date that is one year before the date 

8 such good or service is sold or offered for sale 

9 under subsection (a). 

10 (2) Whether such price grossly exceeds the aver11 age price at which the same or a similar good or serv12 ice was readily obtainable from other similarly situ13 ated competing sellers before January 31, 2020. 

14 (3) Whether such price reasonably reflects addi15 tional costs, not within the control of such person, 

16 that were paid, incurred, or reasonably anticipated 

17 by such person, or reasonably reflects the profitability 

18 of forgone sales or additional risks taken by such per19 son, to produce, distribute, obtain, or sell such good 

20 or service under the circumstances. 

21 (c) ENFORCEMENT.— 

22 (1) ENFORCEMENT BY FEDERAL TRADE COMMIS23 SION.— 

24 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC25 TICES.—A violation of subsection (a) shall be 
1364 

•HR 925 EAH 

1 treated as a violation of a regulation under sec2 tion 18(a)(1)(B) of the Federal Trade Commis3 sion Act (15 U.S.C. 57a(a)(1)(B)) regarding un4 fair or deceptive acts or practices. 

5 (B) POWERS OF COMMISSION.—The Com6 mission shall enforce subsection (a) in the same 

7 manner, by the same means, and with the same 

8 jurisdiction, powers, and duties as though all ap9 plicable terms and provisions of the Federal 

10 Trade Commission Act (15 U.S.C. 41 et seq.) 

11 were incorporated into and made a part of this 

12 section. Any person who violates such subsection 

13 shall be subject to the penalties and entitled to 

14 the privileges and immunities provided in the 

15 Federal Trade Commission Act. 

16 (2) EFFECT ON OTHER LAWS.—Nothing in this 

17 section shall be construed in any way to limit the au18 thority of the Commission under any other provision 

19 of law. 

20 (3) ENFORCEMENT BY STATE ATTORNEYS GEN21 ERAL.— 

22 (A) IN GENERAL.—If the chief law enforce23 ment officer of a State, or an official or agency 

24 designated by a State, has reason to believe that 

25 any person has violated or is violating subsection 
1365 

•HR 925 EAH 

1 (a), the attorney general, official, or agency of 

2 the State, in addition to any authority it may 

3 have to bring an action in State court under its 

4 laws, may bring a civil action in any appro5 priate United States district court or in any 

6 other court of competent jurisdiction, including a 

7 State court, to— 

8 (i) enjoin further such violation by 

9 such person; 

10 (ii) enforce compliance with such sub11 section; 

12 (iii) obtain civil penalties; and 

13 (iv) obtain damages, restitution, or 

14 other compensation on behalf of residents of 

15 the State. 

16 (B) NOTICE AND INTERVENTION BY THE

17 FTC.—The attorney general of a State shall pro18 vide prior written notice of any action under 

19 subparagraph (A) to the Commission and pro20 vide the Commission with a copy of the com21 plaint in the action, except in any case in which 

22 such prior notice is not feasible, in which case 

23 the attorney general shall serve such notice im24 mediately upon instituting such action. The 

25 Commission shall have the right— 
1366 

•HR 925 EAH 

1 (i) to intervene in the action; 

2 (ii) upon so intervening, to be heard 

3 on all matters arising therein; and 

4 (iii) to file petitions for appeal. 

5 (C) LIMITATION ON STATE ACTION WHILE

6 FEDERAL ACTION IS PENDING.—If the Commis7 sion has instituted a civil action for violation of 

8 this section, no State attorney general, or official 

9 or agency of a State, may bring an action under 

10 this paragraph during the pendency of that ac11 tion against any defendant named in the com12 plaint of the Commission for any violation of 

13 this section alleged in the complaint. 

14 (D) RELATIONSHIP WITH STATE-LAW

15 CLAIMS.—If the attorney general of a State has 

16 authority to bring an action under State law di17 rected at acts or practices that also violate this 

18 section, the attorney general may assert the 

19 State-law claim and a claim under this section 

20 in the same civil action. 

21 (4) SAVINGS CLAUSE.—Nothing in this section 

22 shall preempt or otherwise affect any State or local 

23 law. 

24 (d) DEFINITIONS.—In this section: 
1367 

•HR 925 EAH 

1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Trade Commission. 

3 (2) GOOD OR SERVICE.—The term ‘‘good or serv4 ice’’ means a good or service offered in commerce, in5 cluding— 

6 (A) food, beverages, water, ice, a chemical, 

7 or a personal hygiene product; 

8 (B) any personal protective equipment for 

9 protection from or prevention of contagious dis10 eases, filtering facepiece respirators, medical 

11 equipment and supplies (including medical test12 ing supplies), a drug as defined in section 

13 201(g)(1) of the Federal Food, Drug, and Cos14 metic Act (21 U.S.C. 321(g)(1)), cleaning sup15 plies, disinfectants, sanitizers; or 

16 (C) any healthcare service, cleaning service, 

17 or delivery service. 

18 (3) STATE.—The term ‘‘State’’ means each of the 

19 several States, the District of Columbia, each com20 monwealth, territory, or possession of the United 

21 States, and each federally recognized Indian Tribe. 
1368 

•HR 925 EAH 

1 TITLE II—E–RATE SUPPORT FOR 

2 WI-FI HOTSPOTS, OTHER 

3 EQUIPMENT, CONNECTED DE4 VICES, AND CONNECTIVITY 

5 SEC. 201. E–RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER 

6 EQUIPMENT, CONNECTED DEVICES, AND 

7 CONNECTIVITY DURING EMERGENCY PERI8 ODS RELATING TO COVID–19. 

9 (a) REGULATIONS REQUIRED.—Not later than 7 days 

10 after the date of the enactment of this Act, the Commission 

11 shall promulgate regulations providing for the provision, 

12 from amounts made available from the Emergency 

13 Connectivity Fund established under subsection (j)(1), of 

14 support under section 254(h)(1)(B) of the Communications 

15 Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an elementary 

16 school, secondary school, or library (including a Tribal ele17 mentary school, Tribal secondary school, or Tribal library) 

18 for the purchase during an emergency period described in 

19 subsection (f) (including any portion of such a period oc20 curring before the date of the enactment of this Act) of 

21 equipment described in subsection (c), advanced tele22 communications and information services, or equipment de23 scribed in such subsection and advanced telecommuni24 cations and information services, for use by— 
1369 

•HR 925 EAH 

1 (1) in the case of a school, students and staff of 

2 such school at locations that include locations other 

3 than such school; and 

4 (2) in the case of a library, patrons of such li5 brary at locations that include locations other than 

6 such library. 

7 (b) TRIBAL ISSUES.— 

8 (1) RESERVATION FOR TRIBAL LANDS.—The 

9 Commission shall reserve not less than 5 percent of 

10 the amounts available to the Commission under sub11 section (j)(2) to provide support under the regulations 

12 required by subsection (a) to schools and libraries 

13 that serve persons who are located on Tribal lands. 

14 (2) ELIGIBILITY OF TRIBAL LIBRARIES.—For 

15 purposes of determining the eligibility of a Tribal li16 brary for support under the regulations required by 

17 subsection (a), the portion of paragraph (4) of section 

18 254(h) of the Communications Act of 1934 (47 U.S.C. 

19 254(h)) relating to eligibility for assistance from a 

20 State library administrative agency under the Li21 brary Services and Technology Act shall not apply. 

22 (c) EQUIPMENT DESCRIBED.—The equipment de23 scribed in this subsection is the following: 

24 (1) Wi-Fi hotspots. 

25 (2) Modems. 
1370 

•HR 925 EAH 

1 (3) Routers. 

2 (4) Devices that combine a modem and router. 

3 (5) Connected devices. 

4 (d) PRIORITIZATION OF SUPPORT.—The Commission 

5 shall provide in the regulations required by subsection (a) 

6 for a mechanism to require a school or library to prioritize 

7 the provision of equipment described in subsection (c), ad8 vanced telecommunications and information services, or 

9 equipment described in such subsection and advanced tele10 communications and information services, for which sup11 port is received under such regulations, to students and staff 

12 or patrons (as the case may be) that the school or library 

13 believes do not have access to equipment described in sub14 section (c), do not have access to advanced telecommuni15 cations and information services, or have access to neither 

16 equipment described in subsection (c) nor advanced tele17 communications and information services, at the residences 

18 of such students and staff or patrons. 

19 (e) SUPPORT AMOUNT.— 

20 (1) REIMBURSEMENT OF 100 PERCENT OF

21 COSTS.—In providing support under the regulations 

22 required by subsection (a), the Commission shall re23 imburse 100 percent of the costs associated with the 

24 equipment described in subsection (c), advanced tele25 communications and information services, or equip-
1371 

•HR 925 EAH 

1 ment described in such subsection and advanced tele2 communications and information services for which 

3 such support is provided, except that any reimburse4 ment of a school or library for the costs associated 

5 with any such equipment may not exceed an amount 

6 that the Commission determines, with respect to the 

7 request by such school or library for such reimburse8 ment, is reasonable. 

9 (2) SHORTFALL IN FUNDING.—If requests for re10 imbursement for equipment described in subsection 

11 (c), advanced telecommunications and information 

12 services, or equipment described in such subsection 

13 and advanced telecommunications and information 

14 services exceed amounts available from the Emergency 

15 Connectivity Fund established under subsection (j)(1), 

16 the Commission shall— 

17 (A) prioritize reimbursements based on the 

18 assigned discount percentage of each eligible 

19 school or library requesting reimbursement under 

20 subpart F of part 54 of title 47, Code of Federal 

21 Regulations (or any successor regulation), start22 ing with the eligible schools and libraries with 

23 the highest discount percentage established under 

24 such subpart; and 
1372 

•HR 925 EAH 

1 (B) not later than 2 days after the Commis2 sion determines that the shortfall in funding ex3 ists, notify the Committee on Commerce, Science, 

4 and Transportation and the Committee on Ap5 propriations of the Senate and the Committee on 

6 Energy and Commerce and the Committee on 

7 Appropriations of the House of Representatives 

8 of such shortfall. 

9 (f) EMERGENCY PERIODS DESCRIBED.—An emergency 

10 period described in this subsection is a period that— 

11 (1) begins on the date of a determination by the 

12 Secretary of Health and Human Services pursuant to 

13 section 319 of the Public Health Service Act (42 

14 U.S.C. 247d) that a public health emergency exists as 

15 a result of COVID–19; and 

16 (2) ends on the June 30 that first occurs after 

17 the date on which such determination (including any 

18 renewal thereof) terminates. 

19 (g) TREATMENT OF EQUIPMENT AFTER EMERGENCY

20 PERIOD.—The Commission shall provide in the regulations 

21 required by subsection (a) that, in the case of a school or 

22 library that purchases equipment described in subsection (c) 

23 using support received under such regulations, such school 

24 or library— 
1373 

•HR 925 EAH 

1 (1) may, after the emergency period with respect 

2 to which such support is received, use such equipment 

3 for such purposes as such school or library considers 

4 appropriate, subject to any restrictions provided in 

5 such regulations (or any successor regulation); and 

6 (2) may not sell or otherwise transfer such 

7 equipment in exchange for any thing (including a 

8 service) of value, except that such school or library 

9 may exchange such equipment for upgraded equip10 ment of the same type. 

11 (h) RULE OF CONSTRUCTION.—Nothing in this section 

12 shall be construed to affect any authority the Commission 

13 may have under section 254(h)(1)(B) of the Communica14 tions Act of 1934 (47 U.S.C. 254(h)(1)(B)) to allow support 

15 under such section to be used for the purposes described in 

16 subsection (a) other than as required by such subsection. 

17 (i) PROCEDURAL MATTERS.— 

18 (1) PART 54 REGULATIONS.—Nothing in this sec19 tion shall be construed to prevent the Commission 

20 from providing that the regulations in part 54 of title 

21 47, Code of Federal Regulations (or any successor reg22 ulation), shall apply in whole or in part to support 

23 provided under the regulations required by subsection 

24 (a), shall not apply in whole or in part to such sup-
1374 

•HR 925 EAH 

1 port, or shall be modified in whole or in part for pur2 poses of application to such support. 

3 (2) EXEMPTION FROM CERTAIN RULEMAKING RE4 QUIREMENTS.—Section 553 of title 5, United States 

5 Code, shall not apply to a regulation promulgated 

6 under subsection (a) or a rulemaking to promulgate 

7 such a regulation. 

8 (3) PAPERWORK REDUCTION ACT EXEMPTION.— 

9 A collection of information conducted or sponsored 

10 under the regulations required by subsection (a), or 

11 under section 254 of the Communications Act of 1934 

12 (47 U.S.C. 254) in connection with support provided 

13 under such regulations, shall not constitute a collec14 tion of information for the purposes of subchapter I 

15 of chapter 35 of title 44, United States Code (com16 monly referred to as the Paperwork Reduction Act). 

17 (j) EMERGENCY CONNECTIVITY FUND.— 

18 (1) ESTABLISHMENT.—There is established in 

19 the Treasury of the United States a fund to be known 

20 as the Emergency Connectivity Fund. 

21 (2) USE OF FUNDS.—Amounts in the Emergency 

22 Connectivity Fund shall be available to the Commis23 sion to provide support under the regulations required 

24 by subsection (a). 
1375 

•HR 925 EAH 

1 (3) RELATIONSHIP TO UNIVERSAL SERVICE CON2 TRIBUTIONS.—Support provided under the regula3 tions required by subsection (a) shall be provided 

4 from amounts made available under paragraph (2) 

5 and not from contributions under section 254(d) of 

6 the Communications Act of 1934 (47 U.S.C. 254(d)). 

7 (k) DEFINITIONS.—In this section: 

8 (1) ADVANCED TELECOMMUNICATIONS AND IN9 FORMATION SERVICES.—The term ‘‘advanced tele10 communications and information services’’ means ad11 vanced telecommunications and information services, 

12 as such term is used in section 254(h) of the Commu13 nications Act of 1934 (47 U.S.C. 254(h)). 

14 (2) COMMISSION.—The term ‘‘Commission’’ 

15 means the Federal Communications Commission. 

16 (3) CONNECTED DEVICE.—The term ‘‘connected 

17 device’’ means a laptop computer, tablet computer, or 

18 similar device that is capable of connecting to ad19 vanced telecommunications and information services. 

20 (4) LIBRARY.—The term ‘‘library’’ includes a li21 brary consortium. 

22 (5) TRIBAL LAND.—The term ‘‘Tribal land’’ 

23 means— 

24 (A) any land located within the boundaries 

25 of— 
1376 

•HR 925 EAH 

1 (i) an Indian reservation, pueblo, or 

2 rancheria; or 

3 (ii) a former reservation within Okla4 homa; 

5 (B) any land not located within the bound6 aries of an Indian reservation, pueblo, or 

7 rancheria, the title to which is held— 

8 (i) in trust by the United States for the 

9 benefit of an Indian Tribe or an individual 

10 Indian; 

11 (ii) by an Indian Tribe or an indi12 vidual Indian, subject to restriction against 

13 alienation under laws of the United States; 

14 or 

15 (iii) by a dependent Indian commu16 nity; 

17 (C) any land located within a region estab18 lished pursuant to section 7(a) of the Alaska Na19 tive Claims Settlement Act (43 U.S.C. 1606(a)); 

20 (D) Hawaiian Home Lands, as defined in 

21 section 801 of the Native American Housing As22 sistance and Self-Determination Act of 1996 (25 

23 U.S.C. 4221); or 

24 (E) those areas or communities designated 

25 by the Assistant Secretary of Indian Affairs of 
1377 

•HR 925 EAH 

1 the Department of the Interior that are near, ad2 jacent, or contiguous to reservations where finan3 cial assistance and social service programs are 

4 provided to Indians because of their status as In5 dians. 

6 (6) TRIBAL LIBRARY.—The term ‘‘Tribal li7 brary’’ means, only during an emergency period de8 scribed under subsection (f), a facility owned by an 

9 Indian Tribe, serving Indian Tribes, or serving 

10 American Indians, Alaskan Natives, or Native Ha11 waiian communities, including— 

12 (A) a Tribal library or Tribal library con13 sortium; or 

14 (B) a Tribal government building, chapter 

15 house, longhouse, community center, or other 

16 similar public building. 

17 (7) WI-FI.—The term ‘‘Wi-Fi’’ means a wireless 

18 networking protocol based on Institute of Electrical 

19 and Electronics Engineers standard 802.11 (or any 

20 successor standard). 

21 (8) WI-FI HOTSPOT.—The term ‘‘Wi-Fi hotspot’’ 

22 means a device that is capable of— 

23 (A) receiving mobile advanced telecommuni24 cations and information services; and 
1378 

•HR 925 EAH 

1 (B) sharing such services with another de2 vice through the use of Wi-Fi. 

3 TITLE III—EMERGENCY BENEFIT 

4 FOR BROADBAND SERVICE 

5 SEC. 301. BENEFIT FOR BROADBAND SERVICE DURING 

6 EMERGENCY PERIODS RELATING TO COVID– 

7 19. 

8 (a) PROMULGATION OF REGULATIONS REQUIRED.— 

9 Not later than 7 days after the date of the enactment of 

10 this Act, the Commission shall promulgate regulations im11 plementing this section. 

12 (b) REQUIREMENTS.—The regulations promulgated 

13 pursuant to subsection (a) shall establish the following: 

14 (1) EMERGENCY BROADBAND BENEFIT.—During 

15 an emergency period, a provider shall provide an eli16 gible household with an internet service offering, upon 

17 request by a member of such household. Such provider 

18 shall discount the price charged to such household for 

19 such internet service offering in an amount equal to 

20 the emergency broadband benefit for such household. 

21 (2) VERIFICATION OF ELIGIBILITY.—To verify 

22 whether a household is an eligible household, a pro23 vider shall either— 

24 (A) use the National Lifeline Eligibility 

25 Verifier; or 
1379 

•HR 925 EAH 

1 (B) rely upon an alternative verification 

2 process of the provider, if the Commission finds 

3 such process to be sufficient to avoid waste, 

4 fraud, and abuse. 

5 (3) USE OF NATIONAL LIFELINE ELIGIBILITY

6 VERIFIER.—The Commission shall— 

7 (A) expedite the ability of all providers to 

8 access the National Lifeline Eligibility Verifier 

9 for purposes of determining whether a household 

10 is an eligible household; and 

11 (B) ensure that the National Lifeline Eligi12 bility Verifier approves an eligible household to 

13 receive the emergency broadband benefit not later 

14 than two days after the date of the submission of 

15 information necessary to determine if such 

16 household is an eligible household. 

17 (4) EXTENSION OF EMERGENCY PERIOD.—An 

18 emergency period may be extended within a State or 

19 any portion thereof if the State, or in the case of 

20 Tribal land, a Tribal government, provides written, 

21 public notice to the Commission stipulating that an 

22 extension is necessary in furtherance of the recovery 

23 related to COVID–19. The Commission shall, within 

24 48 hours after receiving such notice, post the notice on 

25 the public website of the Commission. 
1380 

•HR 925 EAH 

1 (5) REIMBURSEMENT.—From the Emergency 

2 Broadband Connectivity Fund established in sub3 section (h), the Commission shall reimburse a pro4 vider in an amount equal to the emergency broadband 

5 benefit with respect to an eligible household that re6 ceives such benefit from such provider. 

7 (6) REIMBURSEMENT FOR CONNECTED DE8 VICE.—A provider that, in addition to providing the 

9 emergency broadband benefit to an eligible household, 

10 supplies such household with a connected device may 

11 be reimbursed up to $100 from the Emergency 

12 Broadband Connectivity Fund established in sub13 section (h) for such connected device, if the charge to 

14 such eligible household is more than $10 but less than 

15 $50 for such connected device, except that a provider 

16 may receive reimbursement for no more than one con17 nected device per eligible household. 

18 (7) NO RETROACTIVE REIMBURSEMENT.—A pro19 vider may not receive a reimbursement from the 

20 Emergency Broadband Connectivity Fund for pro21 viding an internet service offering discounted by the 

22 emergency broadband benefit, or for supplying a con23 nected device, that was provided or supplied (as the 

24 case may be) before the date of the enactment of this 

25 Act. 
1381 

•HR 925 EAH 

1 (8) CERTIFICATION REQUIRED.—To receive a re2 imbursement under paragraph (5) or (6), a provider 

3 shall certify to the Commission the following: 

4 (A) That the amount for which the provider 

5 is seeking reimbursement from the Emergency 

6 Broadband Connectivity Fund for an internet 

7 service offering to an eligible household is not 

8 more than the normal rate. 

9 (B) That each eligible household for which 

10 a provider is seeking reimbursement for pro11 viding an internet service offering discounted by 

12 the emergency broadband benefit— 

13 (i) has not been and will not be 

14 charged— 

15 (I) for such offering, if the normal 

16 rate for such offering is less than or 

17 equal to the amount of the emergency 

18 broadband benefit for such household; 

19 or 

20 (II) more for such offering than 

21 the difference between the normal rate 

22 for such offering and the amount of the 

23 emergency broadband benefit for such 

24 household; 
1382 

•HR 925 EAH 

1 (ii) will not be required to pay an 

2 early termination fee if such eligible house3 hold elects to enter into a contract to receive 

4 such internet service offering if such house5 hold later terminates such contract; and 

6 (iii) was not subject to a mandatory 

7 waiting period for such internet service of8 fering based on having previously received 

9 broadband internet access service from such 

10 provider. 

11 (C) That each eligible household for which 

12 the provider is seeking reimbursement for sup13 plying such household with a connected device 

14 has not been and will not be charged $10 or less 

15 or $50 or more for such device. 

16 (D) A description of the process used by the 

17 provider to verify that a household is an eligible 

18 household, if the provider elects an alternative 

19 verification process under paragraph (2)(B), and 

20 that such verification process was designed to 

21 avoid waste, fraud, and abuse. 

22 (9) AUDIT REQUIREMENTS.—The Commission 

23 shall adopt audit requirements to ensure that pro24 viders are in compliance with the requirements of this 

25 section and to prevent waste, fraud, and abuse in the 
1383 

•HR 925 EAH 

1 emergency broadband benefit program established 

2 under this section. 

3 (c) ELIGIBLE PROVIDERS.—Notwithstanding sub4 section (e) of this section, the Commission shall provide a 

5 reimbursement to a provider under this section without re6 quiring such provider to be designated as an eligible tele7 communications carrier under section 214(e) of the Com8 munications Act of 1934 (47 U.S.C. 214(e)). 

9 (d) RULE OF CONSTRUCTION.—Nothing in this section 

10 shall affect the collection, distribution, or administration 

11 of the Lifeline Assistance Program governed by the rules 

12 set forth in subpart E of part 54 of title 47, Code of Federal 

13 Regulations (or any successor regulation). 

14 (e) PART 54 REGULATIONS.—Nothing in this section 

15 shall be construed to prevent the Commission from pro16 viding that the regulations in part 54 of title 47, Code of 

17 Federal Regulations (or any successor regulation), shall 

18 apply in whole or in part to support provided under the 

19 regulations required by subsection (a), shall not apply in 

20 whole or in part to such support, or shall be modified in 

21 whole or in part for purposes of application to such sup22 port. 

23 (f) ENFORCEMENT.—A violation of this section or a 

24 regulation promulgated under this section, including the 

25 knowing or reckless denial of an internet service offering 
1384 

•HR 925 EAH 

1 discounted by the emergency broadband benefit to an eligi2 ble household that requests such an offering, shall be treated 

3 as a violation of the Communications Act of 1934 (47 

4 U.S.C. 151 et seq.) or a regulation promulgated under such 

5 Act. The Commission shall enforce this section and the regu6 lations promulgated under this section in the same manner, 

7 by the same means, and with the same jurisdiction, powers, 

8 and duties as though all applicable terms and provisions 

9 of the Communications Act of 1934 were incorporated into 

10 and made a part of this section. 

11 (g) EXEMPTIONS.— 

12 (1) CERTAIN RULEMAKING REQUIREMENTS.— 

13 Section 553 of title 5, United States Code, shall not 

14 apply to a regulation promulgated under subsection 

15 (a) or a rulemaking to promulgate such a regulation. 

16 (2) PAPERWORK REDUCTION ACT REQUIRE17 MENTS.—A collection of information conducted or 

18 sponsored under the regulations required by sub19 section (a) shall not constitute a collection of informa20 tion for the purposes of subchapter I of chapter 35 of 

21 title 44, United States Code (commonly referred to as 

22 the Paperwork Reduction Act). 

23 (h) EMERGENCY BROADBAND CONNECTIVITY FUND.— 
1385 

•HR 925 EAH 

1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury of the United States a fund to be known 

3 as the Emergency Broadband Connectivity Fund. 

4 (2) USE OF FUNDS.—Amounts in the Emergency 

5 Broadband Connectivity Fund shall be available to 

6 the Commission for reimbursements to providers 

7 under the regulations required by subsection (a). 

8 (3) RELATIONSHIP TO UNIVERSAL SERVICE CON9 TRIBUTIONS.—Reimbursements provided under the 

10 regulations required by subsection (a) shall be pro11 vided from amounts made available under this sub12 section and not from contributions under section 

13 254(d) of the Communications Act of 1934 (47 U.S.C. 

14 254(d)), except the Commission may use such con15 tributions if needed to offset expenses associated with 

16 the reliance on the National Lifeline Eligibility 

17 Verifier to determine eligibility of households to re18 ceive the emergency broadband benefit. 

19 (i) DEFINITIONS.—In this section: 

20 (1) BROADBAND INTERNET ACCESS SERVICE.— 

21 The term ‘‘broadband internet access service’’ has the 

22 meaning given such term in section 8.1(b) of title 47, 

23 Code of Federal Regulations (or any successor regula24 tion). 
1386 

•HR 925 EAH 

1 (2) CONNECTED DEVICE.—The term ‘‘connected 

2 device’’ means a laptop or desktop computer or a tab3 let. 

4 (3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 

5 household’’ means, regardless of whether the household 

6 or any member of the household receives support 

7 under subpart E of part 54 of title 47, Code of Fed8 eral Regulations (or any successor regulation), and 

9 regardless of whether any member of the household has 

10 any past or present arrearages with a provider, a 

11 household in which— 

12 (A) at least one member of the household 

13 meets the qualifications in subsection (a) or (b) 

14 of section 54.409 of title 47, Code of Federal Reg15 ulations (or any successor regulation); 

16 (B) at least one member of the household 

17 has applied for and been approved to receive 

18 benefits under the free and reduced price lunch 

19 program under the Richard B. Russell National 

20 School Lunch Act (42 U.S.C. 1751 et seq.) or the 

21 school breakfast program under section 4 of the 

22 Child Nutrition Act of 1966 (42 U.S.C. 1773); 

23 (C) at least one member of the household 

24 has experienced a substantial loss of income since 

25 February 29, 2020, documented by layoff or fur-
1387 

•HR 925 EAH 

1 lough notice, application for unemployment in2 surance benefits, or similar documentation; or 

3 (D) at least one member of the household 

4 has received a Federal Pell Grant under section 

5 401 of the Higher Education Act of 1965 (20 

6 U.S.C. 1070a) in the current award year. 

7 (4) EMERGENCY BROADBAND BENEFIT.—The 

8 term ‘‘emergency broadband benefit’’ means a month9 ly discount for an eligible household applied to the 

10 normal rate for an internet service offering, in an 

11 amount equal to such rate, but not more than $50, or, 

12 if an internet service offering is provided to an eligi13 ble household on Tribal land, not more than $75. 

14 (5) EMERGENCY PERIOD.—The term ‘‘emergency 

15 period’’ means a period that— 

16 (A) begins on the date of a determination 

17 by the Secretary of Health and Human Services 

18 pursuant to section 319 of the Public Health 

19 Service Act (42 U.S.C. 247d) that a public 

20 health emergency exists as a result of COVID–19; 

21 and 

22 (B) ends on the date that is 6 months after 

23 the date on which such determination (including 

24 any renewal thereof) terminates, except as such 

25 period may be extended under subsection (b)(4). 
1388 

•HR 925 EAH 

1 (6) INTERNET SERVICE OFFERING.—The term 

2 ‘‘internet service offering’’ means, with respect to a 

3 provider, broadband internet access service provided 

4 by such provider to a household, offered in the same 

5 manner, and on the same terms, as described in any 

6 of such provider’s advertisements for broadband inter7 net access service to such household, as on September 

8 1, 2020. 

9 (7) NORMAL RATE.—The term ‘‘normal rate’’ 

10 means, with respect to an internet service offering by 

11 a provider, the advertised monthly retail rate, as of 

12 September 1, 2020, including any applicable pro13 motions and excluding any taxes or other govern14 mental fees. 

15 (8) PROVIDER.—The term ‘‘provider’’ means a 

16 provider of broadband internet access service. 

17 SEC. 302. ENHANCED LIFELINE BENEFITS DURING EMER18 GENCY PERIODS. 

19 (a) ENHANCED MINIMUM SERVICE STANDARDS FOR

20 LIFELINE BENEFITS DURING EMERGENCY PERIODS.— 

21 During an emergency period— 

22 (1) the minimum service standard for Lifeline 

23 supported mobile voice service shall provide an un24 limited number of minutes per month; 
1389 

•HR 925 EAH 

1 (2) the minimum service standard for Lifeline 

2 supported mobile data service shall provide an unlim3 ited data allowance each month and 4G speeds, where 

4 available; and 

5 (3) the Basic Support Amount and Tribal Lands 

6 Support Amount, as described in section 54.403 of 

7 title 47, Code of Federal Regulations (or any suc8 cessor regulation), shall be increased by an amount 

9 necessary, as determined by the Commission, to offset 

10 any incremental increase in cost associated with the 

11 requirements in paragraphs (1) and (2), but at a 

12 minimum the Basic Support Amount shall be not less 

13 than $25 per month and the Tribal Lands Support 

14 Amount shall be not less than $40 per month. 

15 (b) EXTENSION OF EMERGENCY PERIOD.—An emer16 gency period may be extended within a State or any por17 tion thereof for a maximum of six months, if the State, or 

18 in the case of Tribal land, a Tribal government, provides 

19 written, public notice to the Commission stipulating that 

20 an extension is necessary in furtherance of the recovery re21 lated to COVID–19. The Commission shall, within 48 hours 

22 after receiving such notice, post the notice on the public 

23 website of the Commission. 

24 (c) REGULATIONS.— 
1390 

•HR 925 EAH 

1 (1) IN GENERAL.—Not later than 7 days after 

2 the date of the enactment of this Act, the Commission 

3 shall promulgate regulations implementing this sec4 tion. 

5 (2) EXEMPTIONS.— 

6 (A) CERTAIN RULEMAKING REQUIRE7 MENTS.—Section 553 of title 5, United States 

8 Code, shall not apply to a regulation promul9 gated under paragraph (1) or a rulemaking to 

10 promulgate such a regulation. 

11 (B) PAPERWORK REDUCTION ACT REQUIRE12 MENTS.—A collection of information conducted 

13 or sponsored under the regulations promulgated 

14 under paragraph (1), or under section 254 of the 

15 Communications Act of 1934 (47 U.S.C. 254) in 

16 connection with support provided under such 

17 regulations, shall not constitute a collection of 

18 information for the purposes of subchapter I of 

19 chapter 35 of title 44, United States Code (com20 monly referred to as the Paperwork Reduction 

21 Act). 

22 (d) EMERGENCY PERIOD DEFINED.—In this section, 

23 the term ‘‘emergency period’’ means a period that— 

24 (1) begins on the date of a determination by the 

25 Secretary of Health and Human Services pursuant to 
1391 

•HR 925 EAH 

1 section 319 of the Public Health Service Act (42 

2 U.S.C. 247d) that a public health emergency exists as 

3 a result of COVID–19; and 

4 (2) ends on the date that is 6 months after the 

5 date on which such determination (including any re6 newal thereof) terminates, except as such period may 

7 be extended under subsection (b). 

8 SEC. 303. GRANTS TO STATES TO STRENGTHEN NATIONAL 

9 LIFELINE ELIGIBILITY VERIFIER. 

10 (a) IN GENERAL.—From amounts appropriated to 

11 carry out this section, the Commission shall, not later than 

12 7 days after the date of the enactment of this Act, make 

13 a grant to each State, in an amount in proportion to the 

14 population of such State, for the purpose of connecting the 

15 database used by such State for purposes of the supple16 mental nutrition assistance program under the Food and 

17 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to the Na18 tional Lifeline Eligibility Verifier, so that the receipt by 

19 a household of benefits under such program is reflected in 

20 the National Lifeline Eligibility Verifier. 

21 (b) DISBURSEMENT OF GRANT FUNDS.—Funds under 

22 each grant made under subsection (a) shall be disbursed to 

23 the State receiving such grant not later than 7 days after 

24 the date of the enactment of this Act. 
1392 

•HR 925 EAH 

1 (c) CERTIFICATION TO CONGRESS.—Not later than 21 

2 days after the date of the enactment of this Act, the Commis3 sion shall certify to the Committee on Energy and Com4 merce of the House of Representatives and the Committee 

5 on Commerce, Science, and Transportation of the Senate 

6 that the grants required by subsection (a) have been made 

7 and that funds have been disbursed as required by sub8 section (b). 

9 SEC. 304. DEFINITIONS. 

10 In this title: 

11 (1) COMMISSION.—The term ‘‘Commission’’ 

12 means the Federal Communications Commission. 

13 (2) NATIONAL LIFELINE ELIGIBILITY

14 VERIFIER.—The term ‘‘National Lifeline Eligibility 

15 Verifier’’ has the meaning given such term in section 

16 54.400 of title 47, Code of Federal Regulations (or 

17 any successor regulation). 

18 (3) STATE.—The term ‘‘State’’ has the meaning 

19 given such term in section 3 of the Communications 

20 Act of 1934 (47 U.S.C. 153). 
1393 

•HR 925 EAH 

1 TITLE IV—CONTINUED 

2 CONNECTIVITY 

3 SEC. 401. CONTINUED CONNECTIVITY DURING EMERGENCY 

4 PERIODS RELATING TO COVID–19. 

5 Title VII of the Communications Act of 1934 (47 

6 U.S.C. 601 et seq.) is amended by adding at the end the 

7 following: 

8 ‘‘SEC. 723. CONTINUED CONNECTIVITY DURING EMER9 GENCY PERIODS RELATING TO COVID–19. 

10 ‘‘(a) IN GENERAL.—During an emergency period de11 scribed in subsection (c), it shall be unlawful— 

12 ‘‘(1) for a provider of advanced telecommuni13 cations service or voice service to— 

14 ‘‘(A) terminate, reduce, or change such serv15 ice provided to any individual customer or small 

16 business because of the inability of the individual 

17 customer or small business to pay for such serv18 ice if the individual customer or small business 

19 certifies to such provider that such inability to 

20 pay is a result of disruptions caused by the pub21 lic health emergency to which such emergency pe22 riod relates; or 

23 ‘‘(B) impose late fees on any individual 

24 customer or small business because of the inabil25 ity of the individual customer or small business 
1394 

•HR 925 EAH 

1 to pay for such service if the individual customer 

2 or small business certifies to such provider that 

3 such inability to pay is a result of disruptions 

4 caused by the public health emergency to which 

5 such emergency period relates; 

6 ‘‘(2) for a provider of advanced telecommuni7 cations service to, during such emergency period— 

8 ‘‘(A) employ a limit on the amount of data 

9 allotted to an individual customer or small busi10 ness during such emergency period, except that 

11 such provider may engage in reasonable network 

12 management; or 

13 ‘‘(B) charge an individual customer or 

14 small business an additional fee for exceeding the 

15 limit on the data allotted to an individual cus16 tomer or small business; or 

17 ‘‘(3) for a provider of advanced telecommuni18 cations service that had functioning Wi-Fi hotspots 

19 available to subscribers in public places on the day 

20 before the beginning of such emergency period to fail 

21 to make service provided by such Wi-Fi hotspots 

22 available to the public at no cost during such emer23 gency period. 

24 ‘‘(b) WAIVER.—Upon a petition by a provider ad25 vanced telecommunications service or voice service, the pro-
1395 

•HR 925 EAH 

1 visions in subsection (a) may be suspended or waived by 

2 the Commission at any time, in whole or in part, for good 

3 cause shown. 

4 ‘‘(c) EMERGENCY PERIODS DESCRIBED.—An emer5 gency period described in this subsection is any portion be6 ginning on or after the date of the enactment of this section 

7 of the duration of a public health emergency declared pursu8 ant to section 319 of the Public Health Service Act (42 

9 U.S.C. 247d) as a result of COVID–19, including any re10 newal thereof. 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) ADVANCED TELECOMMUNICATIONS SERV13 ICE.—The term ‘advanced telecommunications service’ 

14 means a service that provides advanced telecommuni15 cations capability (as defined in section 706 of the 

16 Telecommunications Act of 1996 (47 U.S.C. 1302)). 

17 ‘‘(2) BROADBAND INTERNET ACCESS SERVICE.— 

18 The term ‘broadband internet access service’ has the 

19 meaning given such term in section 8.1(b) of title 47, 

20 Code of Federal Regulations (or any successor regula21 tion). 

22 ‘‘(3) INDIVIDUAL CUSTOMER.—The term ‘indi23 vidual customer’ means an individual who contracts 

24 with a mass-market retail provider of advanced tele-
1396 

•HR 925 EAH 

1 communications service or voice service to provide 

2 service to such individual. 

3 ‘‘(4) REASONABLE NETWORK MANAGEMENT.— 

4 The term ‘reasonable network management’— 

5 ‘‘(A) means the use of a practice that— 

6 ‘‘(i) has a primarily technical network 

7 management justification; and 

8 ‘‘(ii) is primarily used for and tailored 

9 to achieving a legitimate network manage10 ment purpose, taking into account the par11 ticular network architecture and technology 

12 of the service; and 

13 ‘‘(B) does not include other business prac14 tices. 

15 ‘‘(5) SMALL BUSINESS.—The term ‘small busi16 ness’ has the meaning given such term under section 

17 601(3) of title 5, United States Code. 

18 ‘‘(6) VOICE SERVICE.—The term ‘voice service’ 

19 has the meaning given such term under section 

20 227(e)(8) of the Communications Act of 1934 (47 

21 U.S.C. 227(e)(8)). 

22 ‘‘(7) WI-FI.—The term ‘Wi-Fi’ means a wireless 

23 networking protocol based on Institute of Electrical 

24 and Electronics Engineers standard 802.11 (or any 

25 successor standard). 
1397 

•HR 925 EAH 

1 ‘‘(8) WI-FI HOTSPOT.—The term ‘Wi-Fi hotspot’ 

2 means a device that is capable of— 

3 ‘‘(A) receiving mobile broadband internet 

4 access service; and 

5 ‘‘(B) sharing such service with another de6 vice through the use of Wi-Fi.’’. 

7 TITLE V—DON’T BREAK UP THE 

8 T–BAND 

9 SEC. 501. REPEAL OF REQUIREMENT TO REALLOCATE AND 

10 AUCTION T–BAND SPECTRUM. 

11 (a) REPEAL.—Section 6103 of the Middle Class Tax 

12 Relief and Job Creation Act of 2012 (47 U.S.C. 1413) is 

13 repealed. 

14 (b) CLERICAL AMENDMENT.—The table of contents in 

15 section 1(b) of such Act is amended by striking the item 

16 relating to section 6103. 

17 TITLE VI—COVID–19 COMPAS18 SION AND MARTHA WRIGHT 

19 PRISON PHONE JUSTICE 

20 SEC. 601. FINDINGS. 

21 Congress finds the following: 

22 (1) Prison, jails, and other confinement facilities 

23 in the United States have unique telecommunications 

24 needs due to safety and security concerns. 
1398 

•HR 925 EAH 

1 (2) Unjust and unreasonable charges for tele2 phone and advanced communications services in con3 finement facilities negatively impact the safety and 

4 security of communities in the United States by dam5 aging relationships between incarcerated persons and 

6 their support systems, thereby exacerbating recidi7 vism. 

8 (3) The COVID–19 pandemic has greatly inten9 sified these concerns. Jails and prisons have become 

10 epicenters for the spread of the virus, with incarcer11 ated persons concentrated in small, confined spaces 

12 and often without access to adequate health care. At 

13 Cook County jail alone, hundreds of incarcerated per14 sons and jail staff have tested positive for the virus 

15 since its outbreak. 

16 (4) To prevent the spread of the virus, many 

17 jails and prisons across the country suspended public 

18 visitation, leaving confinement facility communica19 tions services as the only way that incarcerated per20 sons can stay in touch with their families. 

21 (5) All people in the United States, including 

22 anyone who pays for confinement facility commu23 nications services, should have access to communica24 tions services at charges that are just and reasonable. 
1399 

•HR 925 EAH 

1 (6) Unemployment has risen sharply as a result 

2 of the COVID–19 pandemic, straining the incomes of 

3 millions of Americans and making it even more dif4 ficult for families of incarcerated persons to pay the 

5 high costs of confinement facility communications 

6 services. 

7 (7) Certain markets for confinement facility 

8 communications services are distorted due to reverse 

9 competition, in which the financial interests of the 

10 entity making the buying decision (the confinement 

11 facility) are aligned with the seller (the provider of 

12 confinement facility communications services) and 

13 not the consumer (the incarcerated person or a mem14 ber of his or her family). This reverse competition oc15 curs because site commission payments to the confine16 ment facility from the provider of confinement facil17 ity communications services are the chief criterion 

18 many facilities use to select their provider of confine19 ment facility communications services. 

20 (8) Charges for confinement facility communica21 tions services that have been shown to be unjust and 

22 unreasonable are often a result of site commission 

23 payments that far exceed the costs incurred by the 

24 confinement facility in accommodating these services. 
1400 

•HR 925 EAH 

1 (9) Unjust and unreasonable charges have been 

2 assessed for both audio and video services and for both 

3 intrastate and interstate communications from con4 finement facilities. 

5 (10) Though Congress enacted emergency legisla6 tion to allow free communications in Federal prisons 

7 during the pandemic, it does not cover communica8 tions to or from anyone incarcerated in State and 

9 local prisons or jails. 

10 (11) Mrs. Martha Wright-Reed led a campaign 

11 for just communications rates for incarcerated people 

12 for over a decade. 

13 (12) Mrs. Wright-Reed was the lead plaintiff in 

14 Wright v. Corrections Corporation of America, CA 

15 No. 00–293 (GK) (D.D.C. 2001). 

16 (13) That case ultimately led to the Wright Peti17 tion at the Federal Communications Commission, CC 

18 Docket No. 96–128 (November 3, 2003). 

19 (14) As a grandmother, Mrs. Wright-Reed was 

20 forced to choose between purchasing medication and 

21 communicating with her incarcerated grandson. 

22 (15) Mrs. Wright-Reed passed away on January 

23 18, 2015, before fully realizing her dream of just com24 munications rates for all people. 
1401 

•HR 925 EAH 

1 SEC. 602. REQUIREMENTS FOR CONFINEMENT FACILITY 

2 COMMUNICATIONS SERVICES, DURING THE 

3 COVID–19 PANDEMIC AND OTHER TIMES. 

4 (a) IN GENERAL.—Section 276 of the Communications 

5 Act of 1934 (47 U.S.C. 276) is amended by adding at the 

6 end the following: 

7 ‘‘(e) ADDITIONAL REQUIREMENTS FOR CONFINEMENT

8 FACILITY COMMUNICATIONS SERVICES.— 

9 ‘‘(1) AUTHORITY.— 

10 ‘‘(A) IN GENERAL.—All charges, practices, 

11 classifications, and regulations for and in con12 nection with confinement facility communica13 tions services shall be just and reasonable, and 

14 any such charge, practice, classification, or regu15 lation that is unjust or unreasonable is declared 

16 to be unlawful. 

17 ‘‘(B) RULEMAKING REQUIRED.—Not later 

18 than 18 months after the date of the enactment 

19 of this subsection, the Commission shall issue 

20 rules to adopt, for the provision of confinement 

21 facility communications services, rates and an22 cillary service charges that are just and reason23 able, which shall be the maximum such rates and 

24 charges that a provider of confinement facility 

25 communications services may charge for such 

26 services. In determining rates and charges that 
1402 

•HR 925 EAH 

1 are just and reasonable, the Commission shall 

2 adopt such rates and charges based on the aver3 age industry costs of providing such services 

4 using data collected from providers of confine5 ment facility communications services. 

6 ‘‘(C) BIENNIAL REVIEW.—Not less fre7 quently than every 2 years following the issuance 

8 of rules under subparagraph (B), the Commis9 sion shall— 

10 ‘‘(i) determine whether the rates and 

11 ancillary service charges authorized by the 

12 rules issued under such subparagraph re13 main just and reasonable; and 

14 ‘‘(ii) if the Commission determines 

15 under clause (i) that any such rate or 

16 charge does not remain just and reasonable, 

17 revise such rules so that such rate or charge 

18 is just and reasonable. 

19 ‘‘(2) INTERIM RATE CAPS.—Until the Commis20 sion issues the rules required by paragraph (1)(B), a 

21 provider of confinement facility communications serv22 ices may not charge a rate for any voice service com23 munication using confinement facility communica24 tions services that exceeds the following: 
1403 

•HR 925 EAH 

1 ‘‘(A) For debit calling or prepaid calling, 

2 $0.04 per minute. 

3 ‘‘(B) For collect calling, $0.05 per minute. 

4 ‘‘(3) ASSESSMENT ON PER-MINUTE BASIS.—Ex5 cept as provided in paragraph (4), a provider of con6 finement facility communications services— 

7 ‘‘(A) shall assess all charges for a commu8 nication using such services on a per-minute 

9 basis for the actual duration of the communica10 tion, measured from communication acceptance 

11 to termination, rounded up to the next full 

12 minute, except in the case of charges for services 

13 that the confinement facility offers free of charge 

14 or for amounts below the amounts permitted 

15 under this subsection; and 

16 ‘‘(B) may not charge a per-communication 

17 or per-connection charge for a communication 

18 using such services. 

19 ‘‘(4) ANCILLARY SERVICE CHARGES.— 

20 ‘‘(A) GENERAL PROHIBITION.—A provider 

21 of confinement facility communications services 

22 may not charge an ancillary service charge other 

23 than— 

24 ‘‘(i) if the Commission has not yet 

25 issued the rules required by paragraph 
1404 

•HR 925 EAH 

1 (1)(B), a charge listed in subparagraph (B) 

2 of this paragraph; or 

3 ‘‘(ii) a charge authorized by the rules 

4 adopted by the Commission under para5 graph (1). 

6 ‘‘(B) PERMITTED CHARGES AND RATES.—If 

7 the Commission has not yet issued the rules re8 quired by paragraph (1)(B), a provider of con9 finement facility communications services may 

10 not charge a rate for an ancillary service charge 

11 in excess of the following: 

12 ‘‘(i) In the case of an automated pay13 ment fee, 2.9 percent of the total charge on 

14 which the fee is assessed. 

15 ‘‘(ii) In the case of a fee for single-call 

16 and related services, the exact transaction 

17 fee charged by the third-party provider, 

18 with no markup. 

19 ‘‘(iii) In the case of a live agent fee, 

20 $5.95 per use. 

21 ‘‘(iv) In the case of a paper bill or 

22 statement fee, $2 per use. 

23 ‘‘(v) In the case of a third-party finan24 cial transaction fee, the exact fee, with no 
1405 

•HR 925 EAH 

1 markup, charged by the third party for the 

2 transaction. 

3 ‘‘(5) PROHIBITION ON SITE COMMISSIONS.—A 

4 provider of confinement facility communications serv5 ices may not assess a site commission. 

6 ‘‘(6) RELATIONSHIP TO STATE LAW.—A State or 

7 political subdivision of a State may not enforce any 

8 law, rule, regulation, standard, or other provision 

9 having the force or effect of law relating to confine10 ment facility communications services that allows for 

11 higher rates or other charges to be assessed for such 

12 services than is permitted under any Federal law or 

13 regulation relating to confinement facility commu14 nications services. 

15 ‘‘(7) DEFINITIONS.—In this subsection: 

16 ‘‘(A) ANCILLARY SERVICE CHARGE.—The 

17 term ‘ancillary service charge’ means any charge 

18 a consumer may be assessed for the setting up or 

19 use of a confinement facility communications 

20 service that is not included in the per-minute 

21 charges assessed for individual communications. 

22 ‘‘(B) AUTOMATED PAYMENT FEE.—The term 

23 ‘automated payment fee’ means a credit card 

24 payment, debit card payment, or bill processing 

25 fee, including a fee for a payment made by 
1406 

•HR 925 EAH 

1 means of interactive voice response, the internet, 

2 or a kiosk. 

3 ‘‘(C) COLLECT CALLING.—The term ‘collect 

4 calling’ means an arrangement whereby a credit5 qualified party agrees to pay for charges associ6 ated with a communication made to such party 

7 using confinement facility communications serv8 ices and originating from within a confinement 

9 facility. 

10 ‘‘(D) CONFINEMENT FACILITY.—The term 

11 ‘confinement facility’— 

12 ‘‘(i) means a jail or a prison; and 

13 ‘‘(ii) includes any juvenile, detention, 

14 work release, or mental health facility that 

15 is used primarily to hold individuals who 

16 are— 

17 ‘‘(I) awaiting adjudication of 

18 criminal charges or an immigration 

19 matter; or 

20 ‘‘(II) serving a sentence for a 

21 criminal conviction. 

22 ‘‘(E) CONFINEMENT FACILITY COMMUNICA23 TIONS SERVICE.—The term ‘confinement facility 

24 communications service’ means a service that al25 lows incarcerated persons to make electronic 
1407 

•HR 925 EAH 

1 communications (whether intrastate, interstate, 

2 or international and whether made using video, 

3 audio, or any other communicative method, in4 cluding advanced communications services) to 

5 individuals outside the confinement facility, or 

6 to individuals inside the confinement facility, 

7 where the incarcerated person is being held, re8 gardless of the technology used to deliver the 

9 service. 

10 ‘‘(F) CONSUMER.—The term ‘consumer’ 

11 means the party paying a provider of confine12 ment facility communications services. 

13 ‘‘(G) DEBIT CALLING.—The term ‘debit call14 ing’ means a presubscription or comparable serv15 ice which allows an incarcerated person, or 

16 someone acting on an incarcerated person’s be17 half, to fund an account set up through a pro18 vider that can be used to pay for confinement fa19 cility communications services originated by the 

20 incarcerated person. 

21 ‘‘(H) FEE FOR SINGLE-CALL AND RELATED

22 SERVICES.—The term ‘fee for single-call and re23 lated services’ means a billing arrangement 

24 whereby communications made by an incarcer25 ated person using collect calling are billed 
1408 

•HR 925 EAH 

1 through a third party on a per-communication 

2 basis, where the recipient does not have an ac3 count with the provider of confinement facility 

4 communications services. 

5 ‘‘(I) INCARCERATED PERSON.—The term 

6 ‘incarcerated person’ means a person detained at 

7 a confinement facility, regardless of the duration 

8 of the detention. 

9 ‘‘(J) JAIL.—The term ‘jail’— 

10 ‘‘(i) means a facility of a law enforce11 ment agency of the Federal Government or 

12 of a State or political subdivision of a State 

13 that is used primarily to hold individuals 

14 who are— 

15 ‘‘(I) awaiting adjudication of 

16 criminal charges; 

17 ‘‘(II) post-conviction and com18 mitted to confinement for sentences of 

19 one year or less; or 

20 ‘‘(III) post-conviction and await21 ing transfer to another facility; and 

22 ‘‘(ii) includes— 

23 ‘‘(I) city, county, or regional fa24 cilities that have contracted with a pri-
1409 

•HR 925 EAH 

1 vate company to manage day-to-day 

2 operations; 

3 ‘‘(II) privately-owned and oper4 ated facilities primarily engaged in 

5 housing city, county, or regional incar6 cerated persons; and 

7 ‘‘(III) facilities used to detain in8 dividuals pursuant to a contract with 

9 U.S. Immigration and Customs En10 forcement. 

11 ‘‘(K) LIVE AGENT FEE.—The term ‘live 

12 agent fee’ means a fee associated with the op13 tional use of a live operator to complete a con14 finement facility communications service trans15 action. 

16 ‘‘(L) PAPER BILL OR STATEMENT FEE.— 

17 The term ‘paper bill or statement fee’ means a 

18 fee associated with providing a consumer an op19 tional paper billing statement. 

20 ‘‘(M) PER-COMMUNICATION OR PER-CONNEC21 TION CHARGE.—The term ‘per-communication or 

22 per-connection charge’ means a one-time fee 

23 charged to a consumer at the initiation of a 

24 communication. 
1410 

•HR 925 EAH 

1 ‘‘(N) PREPAID CALLING.—The term ‘pre2 paid calling’ means a calling arrangement that 

3 allows a consumer to pay in advance for a speci4 fied amount of confinement facility communica5 tions services. 

6 ‘‘(O) PRISON.—The term ‘prison’— 

7 ‘‘(i) means a facility operated by a 

8 State or Federal agency that is used pri9 marily to confine individuals convicted of 

10 felonies and sentenced to terms in excess of 

11 one year; and 

12 ‘‘(ii) includes— 

13 ‘‘(I) public and private facilities 

14 that provide outsource housing to State 

15 or Federal agencies such as State De16 partments of Correction and the Fed17 eral Bureau of Prisons; and 

18 ‘‘(II) facilities that would other19 wise be jails but in which the majority 

20 of incarcerated persons are post-convic21 tion or are committed to confinement 

22 for sentences of longer than one year. 

23 ‘‘(P) PROVIDER OF CONFINEMENT FACILITY

24 COMMUNICATIONS SERVICES.—The term ‘pro25 vider of confinement facility communications 
1411 

•HR 925 EAH 

1 services’ means any communications service pro2 vider that provides confinement facility commu3 nications services, regardless of the technology 

4 used. 

5 ‘‘(Q) SITE COMMISSION.—The term ‘site 

6 commission’ means any monetary payment, in7 kind payment, gift, exchange of services or goods, 

8 fee, technology allowance, or product that a pro9 vider of confinement facility communications 

10 services or an affiliate of a provider of confine11 ment facility communications services may pay, 

12 give, donate, or otherwise provide to— 

13 ‘‘(i) an entity that operates a confine14 ment facility; 

15 ‘‘(ii) an entity with which the provider 

16 of confinement facility communications 

17 services enters into an agreement to provide 

18 confinement facility communications serv19 ices; 

20 ‘‘(iii) a governmental agency that over21 sees a confinement facility; 

22 ‘‘(iv) the State or political subdivision 

23 of a State where a confinement facility is 

24 located; or 
1412 

•HR 925 EAH 

1 ‘‘(v) an agent or other representative of 

2 an entity described in any of clauses (i) 

3 through (iv). 

4 ‘‘(R) THIRD-PARTY FINANCIAL TRANSACTION

5 FEE.—The term ‘third-party financial trans6 action fee’ means the exact fee, with no markup, 

7 that a provider of confinement facility commu8 nications services is charged by a third party to 

9 transfer money or process a financial trans10 action to facilitate the ability of a consumer to 

11 make an account payment via a third party. 

12 ‘‘(S) VOICE SERVICE.—The term ‘voice serv13 ice’— 

14 ‘‘(i) means any service that is inter15 connected with the public switched telephone 

16 network and that furnishes voice commu17 nications to an end user using resources 

18 from the North American Numbering Plan 

19 or any successor to the North American 

20 Numbering Plan adopted by the Commis21 sion under section 251(e)(1); and 

22 ‘‘(ii) includes— 

23 ‘‘(I) transmissions from a tele24 phone facsimile machine, computer, or 
1413 

•HR 925 EAH 

1 other device to a telephone facsimile 

2 machine; and 

3 ‘‘(II) without limitation, any 

4 service that enables real-time, two-way 

5 voice communications, including any 

6 service that requires internet protocol7 compatible customer premises equip8 ment (commonly known as ‘CPE’) and 

9 permits out-bound calling, whether or 

10 not the service is one-way or two-way 

11 voice over internet protocol.’’. 

12 (b) CONFORMING AMENDMENT.—Section 276(d) of the 

13 Communications Act of 1934 (47 U.S.C. 276(d)) is amend14 ed by striking ‘‘inmate telephone service in correctional in15 stitutions’’ and inserting ‘‘confinement facility communica16 tions services (as defined in subsection (e)(7))’’. 

17 (c) EXISTING CONTRACTS.— 

18 (1) IN GENERAL.—In the case of a contract that 

19 was entered into and under which a provider of con20 finement facility communications services was pro21 viding such services at a confinement facility on or 

22 before the date of the enactment of this Act— 

23 (A) paragraphs (1) through (5) of sub24 section (e) of section 276 of the Communications 

25 Act of 1934, as added by subsection (a) of this 
1414 

•HR 925 EAH 

1 section, shall apply to the provision of confine2 ment facility communications services by such 

3 provider at such facility beginning on the earlier 

4 of— 

5 (i) the date that is 60 days after such 

6 date of enactment; or 

7 (ii) the date of the termination of the 

8 contract; and 

9 (B) the terms of such contract may not be 

10 extended after such date of enactment, whether 

11 by exercise of an option or otherwise. 

12 (2) DEFINITIONS.—In this subsection, the terms 

13 ‘‘confinement facility’’, ‘‘confinement facility commu14 nications service’’, and ‘‘provider of confinement fa15 cility communications services’’ have the meanings 

16 given such terms in paragraph (7) of subsection (e) 

17 of section 276 of the Communications Act of 1934, as 

18 added by subsection (a) of this section. 

19 SEC. 603. AUTHORITY. 

20 Section 2(b) of the Communications Act of 1934 (47 

21 U.S.C. 152(b)) is amended by inserting ‘‘section 276,’’ after 

22 ‘‘227, inclusive,’’. 
1415 

•HR 925 EAH 

1 DIVISION N—AGRICULTURE 

2 PROVISIONS 

3 SEC. 100. DEFINITIONS. 

4 In this division: 

5 (1) The term ‘‘COVID–19’’ means the disease 

6 caused by SARS–CoV–2, or any viral strain mutat7 ing therefrom with pandemic potential. 

8 (2) The term ‘‘COVID–19 public health emer9 gency’’ means the public health emergency declared by 

10 the Secretary of Health and Human Services under 

11 section 319 of the Public Health Services Act (42 

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

13 COVID–19 (including any renewal of that declara14 tion). 

15 (3) The term ‘‘Secretary’’ means the Secretary of 

16 Agriculture. 

17 TITLE I—LIVESTOCK AND 

18 POULTRY 

19 SEC. 101. ESTABLISHMENT OF TRUST FOR BENEFIT OF UN20 PAID CASH SELLERS OF LIVESTOCK. 

21 The Packers and Stockyards Act, 1921, is amended by 

22 inserting after section 317 (7 U.S.C. 217a) the following 

23 new section: 

24 ‘‘SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER. 

25 ‘‘(a) ESTABLISHMENT.— 
1416 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—All livestock purchased by a 

2 dealer in cash sales and all inventories of, or receiv3 ables or proceeds from, such livestock shall be held by 

4 such dealer in trust for the benefit of all unpaid cash 

5 sellers of such livestock until full payment has been 

6 received by such unpaid cash sellers. 

7 ‘‘(2) EXEMPTION.—Any dealer whose average an8 nual purchases of livestock do not exceed $100,000 

9 shall be exempt from the provisions of this section. 

10 ‘‘(3) EFFECT OF DISHONORED INSTRUMENTS.— 

11 For purposes of determining full payment under 

12 paragraph (1), a payment to an unpaid cash seller 

13 shall not be considered to have been made if the un14 paid cash seller receives a payment instrument that 

15 is dishonored. 

16 ‘‘(b) PRESERVATION OF TRUST.—An unpaid cash sell17 er shall lose the benefit of a trust under subsection (a) if 

18 the unpaid cash seller has not preserved the trust by giving 

19 written notice to the dealer involved and filing such notice 

20 with the Secretary— 

21 ‘‘(1) within 30 days of the final date for making 

22 a payment under section 409 in the event that a pay23 ment instrument has not been received; or 

24 ‘‘(2) within 15 business days after the date on 

25 which the seller receives notice that the payment in-
1417 

•HR 925 EAH 

1 strument promptly presented for payment has been 

2 dishonored. 

3 ‘‘(c) NOTICE TO LIEN HOLDERS.—When a dealer re4 ceives notice under subsection (b) of the unpaid cash seller’s 

5 intent to preserve the benefits of the trust, the dealer shall, 

6 within 15 business days, give notice to all persons who have 

7 recorded a security interest in, or lien on, the livestock held 

8 in such trust. 

9 ‘‘(d) CASH SALES DEFINED.—For the purpose of this 

10 section, a cash sale means a sale in which the seller does 

11 not expressly extend credit to the buyer. 

12 ‘‘(e) PURCHASE OF LIVESTOCK SUBJECT TO TRUST.— 

13 ‘‘(1) IN GENERAL.—A person purchasing live14 stock subject to a dealer trust shall receive good title 

15 to the livestock if the person receives the livestock— 

16 ‘‘(A) in exchange for payment of new value; 

17 and 

18 ‘‘(B) in good faith without notice that the 

19 transfer is a breach of trust. 

20 ‘‘(2) DISHONORED PAYMENT INSTRUMENT.— 

21 Payment shall not be considered to have been made 

22 if a payment instrument given in exchange for the 

23 livestock is dishonored. 

24 ‘‘(3) TRANSFER IN SATISFACTION OF ANTE25 CEDENT DEBT.—A transfer of livestock subject to a 
1418 

•HR 925 EAH 

1 dealer trust is not for value if the transfer is in satis2 faction of an antecedent debt or to a secured party 

3 pursuant to a security agreement. 

4 ‘‘(f) ENFORCEMENT.—Whenever the Secretary has rea5 son to believe that a dealer subject to this section has failed 

6 to perform the duties required by this section or whenever 

7 the Secretary has reason to believe that it will be in the 

8 best interest of unpaid cash sellers, the Secretary shall do 

9 one or more of the following— 

10 ‘‘(1) Appoint an independent trustee to carry out 

11 the duties required by this section, preserve trust as12 sets, and enforce the trust. 

13 ‘‘(2) Serve as independent trustee, preserve trust 

14 assets, and enforce the trust. 

15 ‘‘(3) File suit in the United States district court 

16 for the district in which the dealer resides to enjoin 

17 the dealer’s failure to perform the duties required by 

18 this section, preserve trust assets, and to enforce the 

19 trust. Attorneys employed by the Secretary may, with 

20 the approval of the Attorney General, represent the 

21 Secretary in any such suit. Nothing herein shall pre22 clude unpaid sellers from filing suit to preserve or en23 force the trust.’’. 
1419 

•HR 925 EAH 

1 SEC. 102. EMERGENCY ASSISTANCE FOR MARKET-READY 

2 LIVESTOCK AND POULTRY LOSSES. 

3 (a) IN GENERAL.—The Secretary shall make payments 

4 to covered producers to offset the losses of income related 

5 to the intentional depopulation of market-ready livestock 

6 and poultry due to insufficient regional access to meat and 

7 poultry processing related to the COVID–19 public health 

8 emergency, as determined by the Secretary. 

9 (b) PAYMENT RATE FOR COVERED PRODUCERS.— 

10 (1) PAYMENTS FOR FIRST 30-DAY PERIOD.—For 

11 a period of 30 days beginning, with respect to a cov12 ered producer, on the initial date of depopulation de13 scribed in subsection (a) of the market-ready livestock 

14 or poultry of the covered producer, the Secretary shall 

15 reimburse such covered producer for 85 percent of the 

16 value of losses as determined under subsection (c). 

17 (2) SUBSEQUENT 30-DAY PERIODS.—For each 

18 30-day period subsequent to the 30-day period de19 scribed in paragraph (1), the Secretary shall reduce 

20 the value of the losses as determined under subsection 

21 (c) with respect to a covered producer by 10 percent. 

22 (c) VALUATION.—In calculating the amount of losses 

23 for purposes of the payment rates under subsection (b), the 

24 Secretary shall use the average fair market value, as deter25 mined by the Secretary in collaboration with the Chief 

26 Economist of the Department of Agriculture and the Ad-
1420 

•HR 925 EAH 

1 ministrator of the Agricultural Marketing Service, for mar2 ket-ready livestock, where applicable, and market-ready 

3 poultry, where applicable, during the period beginning on 

4 March 1, 2020, and ending on the date of the enactment 

5 of this section. In no case shall a payment made under sub6 section (b) and compensation received from any other source 

7 exceed the average market value of market-ready livestock 

8 or poultry on the date of depopulation. 

9 (d) PACKER-OWNED ANIMALS EXCLUDED.—The Sec10 retary may not make payments under this section for the 

11 actual losses of livestock owned by a packer or poultry 

12 owned by a live poultry dealer. 

13 (e) DEFINITIONS.—In this section: 

14 (1) COVERED PRODUCER.—The term ‘‘covered 

15 producer’’ means a person or legal entity that as16 sumes the production and market risks associated 

17 with the agricultural production of livestock and 

18 poultry (as such terms are defined in section 2(a) of 

19 the Packers and Stockyards Act, 1921 (7 U.S.C. 

20 182(a)). 

21 (2) PACKER.—The term ‘‘packer’’ has the mean22 ing given the term in section 201 of the Packers and 

23 Stockyards Act, 1921 (7 U.S.C. 191). 

24 (3) LIVE POULTRY DEALER.—The term ‘‘live 

25 poultry dealer’’ has the meaning given the term in 
1421 

•HR 925 EAH 

1 section 2(a) of the Packers and Stockyards Act, 1921 

2 (7 U.S.C. 182(a)). 

3 (4) INTENTIONAL DEPOPULATION.—The term 

4 ‘‘intentional depopulation’’ means— 

5 (A) the destruction of livestock or poultry; 

6 and 

7 (B) the transfer of livestock or poultry to a 

8 noncommercial interest. 

9 (f) FUNDING.—Out of any amounts of the Treasury 

10 not otherwise appropriated, there is appropriated to carry 

11 out this section such sums as may be necessary, to remain 

12 available until expended. 

13 SEC. 103. ANIMAL DISEASE PREVENTION AND MANAGE14 MENT RESPONSE. 

15 Out of any amounts in the Treasury not otherwise ap16 propriated, there is appropriated to carry out section 

17 10409A of the Animal Health Protection Act (7 U.S.C. 

18 8308A) $300,000,000, to remain available until expended. 

19 SEC. 104. GRANTS FOR IMPROVEMENTS TO MEAT AND 

20 POULTRY FACILITIES TO ALLOW FOR INTER21 STATE SHIPMENT. 

22 (a) IN GENERAL.—The Secretary, acting through the 

23 Administrator of the Agricultural Marketing Service and 

24 in consultation with the Administrator of the Food Safety 

25 Inspection Service, shall make grants to meat and poultry 
1422 

•HR 925 EAH 

1 processing facilities (including facilities operating under 

2 State inspection or facilities that are exempt from Federal 

3 inspection) in operation as of the date on which an applica4 tion for such a grant is made to assist such facilities with 

5 respect to costs incurred in making improvements to such 

6 facilities and carrying out other planning activities nec7 essary to be subject to inspection under the Federal Meat 

8 Inspection Act (21 U.S.C. 601 et seq.), or the Poultry Prod9 ucts Inspection Act (21 U.S.C. 451 et seq.). 

10 (b) GRANT AMOUNT.—The amount of a grant under 

11 this section shall not exceed $100,000. 

12 (c) CONDITION.—As a condition on receipt of a grant 

13 under this section, a grant recipient shall agree that if the 

14 recipient is not subject to inspection or making a good faith 

15 effort to be subject to inspection under the Federal Meat 

16 Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Prod17 ucts Inspection Act (21 U.S.C. 451 et seq.) within 36 

18 months of receiving such grant, the grant recipient shall 

19 make a payment (or payments) to the Secretary in an 

20 amount equal to the amount of the grant. 

21 (d) MATCHING FUNDS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the Secretary shall require a grant recipi24 ent under this section to provide matching non-Fed-
1423 

•HR 925 EAH 

1 eral funds in an amount equal to the amount of a 

2 grant. 

3 (2) EXCEPTION.—The Secretary shall not require 

4 any recipient of a grant under this section to provide 

5 matching funds with respect to a grant awarded in 

6 fiscal year 2021. 

7 (e) REPORTS.— 

8 (1) REPORTS ON GRANTS MADE.—Beginning not 

9 later than one year after the date on which the first 

10 grant is awarded under this section, and annually 

11 thereafter, the Secretary shall submit to the Com12 mittee on Agriculture and the Committee on Appro13 priations of the House of Representatives and the 

14 Committee on Agriculture, Nutrition, and Forestry 

15 and the Committee on Appropriations of the Senate 

16 a report on grants made under this section and any 

17 facilities that were upgraded using such funds during 

18 the year covered by the report. 

19 (2) REPORT ON THE COOPERATIVE INTERSTATE

20 SHIPMENT PROGRAM.—Beginning not later than one 

21 year after the date of the enactment of this section, the 

22 Secretary shall submit to the Committee on Agri23 culture and the Committee on Appropriations of the 

24 House of Representatives and the Committee on Agri25 culture, Nutrition, and Forestry and the Committee 
1424 

•HR 925 EAH 

1 on Appropriations of the Senate a report of any rec2 ommendations, developed in consultation with all 

3 States, for possible improvements to the cooperative 

4 interstate shipment programs under section 501 of the 

5 Federal Meat Inspection Act (21 U.S.C. 683) and sec6 tion 31 of the Poultry Products Inspection Act (21 

7 U.S.C. 472). 

8 (f) FUNDING.—Of the funds of the Treasury not other9 wise appropriated, there is appropriated to carry out this 

10 section $100,000,000 for the period of fiscal years 2021 

11 through 2023. 

12 SEC. 105. PAYMENTS TO CONTRACT PRODUCERS. 

13 (a) IN GENERAL.—The Secretary shall make payments 

14 to contract growers of livestock or poultry to cover revenue 

15 losses in response to the COVID–19 pandemic. 

16 (b) LIVESTOCK AND POULTRY LOSSES NOT COVERED

17 BY THE FIRST OR SECOND CORONAVIRUS FOOD ASSIST18 ANCE PROGRAM.—In the case of livestock or poultry related 

19 revenue losses for which a contract grower is ineligible to 

20 receive direct payments under the first coronavirus food as21 sistance program or the second coronavirus food assistance 

22 program, the Secretary shall base payments required under 

23 subsection (a), per commodity, by comparing— 
1425 

•HR 925 EAH 

1 (1) the revenue losses for the period beginning on 

2 January 15, 2020, and ending on December 31, 2020; 

3 and 

4 (2) historical revenue. 

5 (c) ADJUSTED GROSS INCOME LIMITATIONS.—A pay6 ment under this section shall be deemed to be a covered ben7 efit under section 1001D(b)(2) of the Food Security Act of 

8 1985 (7 U.S.C. 1308–3a(b)(2)), unless at least 75 percent 

9 of the adjusted gross income of the recipient of the payment 

10 is derived from activities related to farming, ranching, or 

11 forestry. 

12 (d) PAYMENTS.—The Secretary shall begin making 

13 payments under subsection (a) not later than 60 days after 

14 the date of the enactment of this section. 

15 (e) FUNDING.—There is appropriated, out of any 

16 funds in the Treasury not otherwise appropriated, to carry 

17 out this section $1,250,000,000, to remain available until 

18 expended. 

19 (f) DEFINITIONS.—In this section: 

20 (1) CFAP DEFINITIONS.— 

21 (A) FIRST CORONAVIRUS FOOD ASSISTANCE

22 PROGRAM.—The term ‘‘first coronavirus food as23 sistance program’’ means the first coronavirus 

24 food assistance program (CFAP1) of the Depart-
1426 

•HR 925 EAH 

1 ment of Agriculture under sections 9.101 and 

2 9.102 of title 7, Code of Federal Regulations. 

3 (B) SECOND CORONAVIRUS FOOD ASSIST4 ANCE PROGRAM.—The term ‘‘second coronavirus 

5 food assistance program’’ means the second 

6 coronavirus food assistance program (CFAP2) of 

7 the Department of Agriculture under sections 

8 9.201 and 9.202 of title 7, Code of Federal Regu9 lations. 

10 (2) CONTRACT GROWER.—The term ‘‘contract 

11 grower’’ means a grower of livestock or poultry, in12 cluding poultry used for egg production, and does not 

13 include a packer, live poultry dealer, processor, inte14 grator, or any other business entity relating to live15 stock or poultry production that does not raise live16 stock or poultry. 

17 (3) LIVE POULTRY DEALER.—The term ‘‘live 

18 poultry dealer’’ has the meaning given the term in 

19 section 2(a) of the Packers and Stockyards Act, 1921 

20 (7 U.S.C. 182(a)). 

21 (4) PACKER.— The term ‘‘packer’’ has the mean22 ing given the term in section 201 of the Packers and 

23 Stockyards Act, 1921 (7 U.S.C. 191). 
1427 

•HR 925 EAH 

1 (5) REVENUE.—The term ‘‘revenue’’ means in2 come derived only from contract livestock or poultry 

3 production. 

4 SEC. 106. REPORTS AND OUTREACH RELATED TO MEAT AND 

5 POULTRY PROCESSING. 

6 (a) STUDY AND REPORT ON PROCESSING CAPACITY

7 REQUIRED.— 

8 (1) STUDY REQUIRED.—The Secretary shall con9 duct a study on covered processing facilities, which 

10 shall assess with respect to such facilities in each 

11 State and region— 

12 (A) the available monthly and annual 

13 slaughter capacity of such facilities, 

14 disaggregated by type of facility and whether 

15 that capacity is sufficient to meet the national, 

16 State, and regional need, including on a local 

17 basis; 

18 (B) the available cold storage capacity of 

19 such facilities, disaggregated by type of facility; 

20 (C) the number and age of established proc21 essing facilities, disaggregated by type of facility; 

22 (D) the ownership demographics of covered 

23 processing facilities, including— 

24 (i) whether such facilities are foreign 

25 or domestically-owned; and 
1428 

•HR 925 EAH 

1 (ii) the business structure of such proc2 essing facilities; 

3 (E) the available slaughter capacity for 

4 livestock and poultry not grown under contract, 

5 disaggregated by type of facility and species so 

6 slaughtered; 

7 (F) with respect to each species slaughtered 

8 at covered processing facilities, the estimated dis9 tance between livestock and poultry production 

10 and processing and the transportation costs asso11 ciated with such processing; 

12 (G) any opportunities to support new or in13 novative processing partnerships that would in14 crease resiliency and flexibility of slaughter and 

15 processing capacity; and 

16 (H) the barriers to increasing the avail17 ability of slaughter and processing of meat and 

18 poultry, including with respect to— 

19 (i) expanding existing facilities; 

20 (ii) creating additional facilities; and 

21 (iii) reactivating closed facilities. 

22 (2) COVERED PROCESSING FACILITY DEFINED.— 

23 In this section, the term ‘‘covered processing facility’’ 

24 means a facility that slaughters or otherwise processes 
1429 

•HR 925 EAH 

1 meat or poultry in the United States, including the 

2 following types of facilities: 

3 (A) Facilities subject to Federal inspection 

4 under the Federal Meat Inspection Act (21 

5 U.S.C. 601 et seq.) or the Poultry Products In6 spection Act (21 U.S.C. 451 et seq.), as applica7 ble. 

8 (B) Facilities subject to State inspection 

9 under a meat and poultry inspection program 

10 agreement. 

11 (C) Custom facilities exempt from inspec12 tion under the Acts referred to in subparagraph 

13 (A). 

14 (3) REPORT TO CONGRESS.—Not later than 1 

15 year after the date of the enactment of this section, the 

16 Secretary shall submit to the Committee on Agri17 culture of the House of Representatives and the Com18 mittee on Agriculture, Nutrition, and Forestry of the 

19 Senate a report that includes the results of the study 

20 conducted under paragraph (1). 

21 (b) STUDY AND REPORT ON FINANCIAL ASSISTANCE

22 AVAILABILITY.— 

23 (1) STUDY REQUIRED.—The Secretary shall con24 duct a study on the availability and effectiveness of— 
1430 

•HR 925 EAH 

1 (A) Federal loan programs, Federal loan 

2 guarantee programs, and grant programs for 

3 which— 

4 (i) facilities that slaughter or otherwise 

5 process meat and poultry in the United 

6 States, which are in operation and subject 

7 to inspection under the Federal Meat In8 spection Act (21 U.S.C. 601 et seq.) or the 

9 Poultry Products Inspection Act (21 U.S.C. 

10 451 et seq.), as of the date of the enactment 

11 of this section, and 

12 (ii) entities seeking to establish such a 

13 facility in the United States, 

14 may be eligible; and 

15 (B) Federal grant programs intended to 

16 support— 

17 (i) business activities relating to in18 creasing the slaughter or processing capac19 ity in the United States; and 

20 (ii) feasibility or marketing studies on 

21 the practicality and viability of specific 

22 new or expanded projects to support addi23 tional slaughter or processing capacity in 

24 the United States. 
1431 

•HR 925 EAH 

1 (2) REPORT TO CONGRESS.—Not later than 60 

2 days after the date of the enactment of this section, 

3 the Secretary, in consultation with applicable Federal 

4 agencies, shall submit a report to the Committee on 

5 Agriculture of the House of Representatives and the 

6 Committee on Agriculture, Nutrition, and Forestry of 

7 the Senate that includes the results of the study re8 quired under paragraph (1). 

9 (3) PUBLICATION.—Not later than 90 days after 

10 the date of the enactment of this section, the Secretary 

11 shall make publicly available on the website of the 

12 Food Safety and Inspection Service of the Depart13 ment of Agriculture a list of each loan program, loan 

14 guarantee program, and grant program identified 

15 under paragraph (1). 

16 (c) OUTREACH ACTIVITIES.— 

17 (1) IN GENERAL.—To the maximum extent prac18 ticable, the Secretary shall conduct outreach and edu19 cation activities to inform the current or prospective 

20 owners and operators of facilities or other entities de21 scribed in subsection (b)(1)(A), producer groups, and 

22 institutions of higher education, of the availability of 

23 each loan program, loan guarantee program, and 

24 grant program identified under paragraph (1). 
1432 

•HR 925 EAH 

1 (2) FEASIBILITY OR MARKETING STUDIES.—In 

2 carrying out paragraph (1), the Secretary may enter 

3 into cooperative agreements with eligible entities to 

4 conduct feasibility or marketing studies to determine 

5 the practicality and viability of specific projects to 

6 support additional slaughter or processing capacity 

7 in the United States. 

8 (3) MAXIMUM AMOUNT.—The amount of assist9 ance provided through a cooperative agreement under 

10 paragraph (2) with respect to a particular project 

11 may not exceed $75,000. 

12 (4) REPORTING.—The Secretary shall publish 

13 (and update as necessary) on the public website of the 

14 Department of Agriculture, an accounting of outreach 

15 activities conducted pursuant to this subsection, in16 cluding a description of each such activity and the 

17 amount of Federal funds expended to conduct each 

18 such activity. 

19 (d) FUNDING.—To carry out this section, there is ap20 propriated, out of the funds of the Treasury not otherwise 

21 appropriated— 

22 (1) $2,000,000 to carry out subsection (a); 

23 (2) $2,000,000 to carry out subsection (b); and 

24 (3) $16,000,000 to carry out subsection (c). 
1433 

•HR 925 EAH 

1 TITLE II—DAIRY 

2 SEC. 201. DAIRY DIRECT DONATION PROGRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ELIGIBLE DAIRY ORGANIZATION.—The term 

5 ‘‘eligible dairy organization’’ is defined in section 

6 1431(a) of the Agricultural Act of 2014 (7 U.S.C. 

7 9071(a)). 

8 (2) ELIGIBLE DAIRY PRODUCTS.—The term ‘‘eli9 gible dairy products’’ means products primarily made 

10 from milk. 

11 (3) ELIGIBLE DISTRIBUTOR.—The term ‘‘eligible 

12 distributor’’ means a public or private nonprofit or13 ganization that distributes donated eligible dairy 

14 products to recipient individuals and families. 

15 (4) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible 

16 partnership’’ means a partnership between an eligible 

17 dairy organization and an eligible distributor. 

18 (b) ESTABLISHMENT AND PURPOSES.—Not later than 

19 45 days after the date of the enactment of this Act, the Sec20 retary shall establish and administer a direct dairy dona21 tion program for the purposes of— 

22 (1) facilitating the timely donation of eligible 

23 dairy products; and 

24 (2) preventing and minimizing food waste. 

25 (c) DONATION AND DISTRIBUTION PLANS.— 
1434 

•HR 925 EAH 

1 (1) IN GENERAL.—To be eligible to receive reim2 bursement under this section, an eligible partnership 

3 shall submit to the Secretary a donation and dis4 tribution plan that describes the process that the eligi5 ble partnership will use for the donation, processing, 

6 transportation, temporary storage, and distribution of 

7 eligible dairy products. 

8 (2) REVIEW AND APPROVAL.—No later than 15 

9 business days after receiving a plan described in 

10 paragraph (1), the Secretary shall— 

11 (A) review such plan; and 

12 (B) issue an approval or disapproval of 

13 such plan. 

14 (d) REIMBURSEMENT.— 

15 (1) IN GENERAL.—On receipt of appropriate 

16 documentation under paragraph (2), the Secretary 

17 shall reimburse an eligible dairy organization at a 

18 rate equal to the raw milk cost for the product as 

19 priced in the Federal milk marketing orders multi20 plied by the volume of milk required to make the do21 nated product. 

22 (2) DOCUMENTATION.— 

23 (A) IN GENERAL.—An eligible dairy organi24 zation shall submit to the Secretary such docu25 mentation as the Secretary may require to dem-
1435 

•HR 925 EAH 

1 onstrate the eligible dairy product production 

2 and donation to the eligible distributor. 

3 (B) VERIFICATION.—The Secretary may 

4 verify the accuracy of documentation submitted 

5 under subparagraph (A). 

6 (3) RETROACTIVE REIMBURSEMENT.—In pro7 viding reimbursements under paragraph (1), the Sec8 retary may provide reimbursements for milk costs in9 curred before the date on which the donation and dis10 tribution plan for the applicable participating part11 nership was approved by the Secretary. 

12 (e) PROHIBITION ON RESALE OF PRODUCTS.— 

13 (1) IN GENERAL.—An eligible distributor that 

14 receives eligible dairy products donated under this 

15 section may not sell the products into commercial 

16 markets. 

17 (2) PROHIBITION ON FUTURE PARTICIPATION.— 

18 An eligible distributor that the Secretary determines 

19 has violated paragraph (1) shall not be eligible for 

20 any future participation in the program established 

21 under this section. 

22 (f) REVIEWS.—The Secretary shall conduct appro23 priate reviews or audits to ensure the integrity of the pro24 gram established under this section. 
1436 

•HR 925 EAH 

1 (g) PUBLICATION OF DONATION ACTIVITY.—The Sec2 retary, acting through the Administrator of the Agricultural 

3 Marketing Service, shall publish on the publicly accessible 

4 website of the Agricultural Marketing Service periodic re5 ports containing donation activity under this section. 

6 (h) SUPPLEMENTAL REIMBURSEMENTS.— 

7 (1) IN GENERAL.—The Secretary may make a 

8 supplemental reimbursement to an eligible dairy or9 ganization for an approved donation and distribution 

10 plan in accordance with the milk donation program 

11 established under section 1431 of the Agricultural Act 

12 of 2014 (7 U.S.C. 9071). 

13 (2) REIMBURSEMENT CALCULATION.—A supple14 mental reimbursement described in paragraph (1) 

15 shall be equal to the value of— 

16 (A) raw milk cost for the product as priced 

17 in the Federal milk marketing orders, less any 

18 reimbursement provided under section 1431 of 

19 the Agricultural Act of 2014, multiplied by 

20 (B) the volume of eligible dairy products 

21 under such approved donation plan. 

22 (i) FUNDING.—Out of any amounts of the Treasury 

23 not otherwise appropriated, there is appropriated to carry 

24 out this section $500,000,000, to remain available until ex25 pended. 
1437 

•HR 925 EAH 

1 (j) AUTHORITY TO CARRY OUT SECTION.—The Sec2 retary may only carry out this section during a period in 

3 which— 

4 (1) a public health emergency is— 

5 (A) declared under section 319 of the Public 

6 Health Services Act (42 U.S.C. 247d); or 

7 (B) renewed under such section; or 

8 (2) a disaster is designated by the Secretary. 

9 SEC. 202. SUPPLEMENTAL DAIRY MARGIN COVERAGE PAY10 MENTS. 

11 (a) IN GENERAL.—The Secretary shall provide supple12 mental dairy margin coverage payments to eligible dairy 

13 operations described in subsection (b)(1) whenever the aver14 age actual dairy production margin (as defined in section 

15 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)) for 

16 a month is less than the coverage level threshold selected 

17 by such eligible dairy operation under section 1406 of such 

18 Act (7 U.S.C. 9056). 

19 (b) ELIGIBLE DAIRY OPERATION DESCRIBED.— 

20 (1) IN GENERAL.—An eligible dairy operation 

21 described in this subsection is a dairy operation 

22 that— 

23 (A) is located in the United States; and 

24 (B) during a calendar year in which such 

25 dairy operation is a participating dairy oper-
1438 

•HR 925 EAH 

1 ation (as defined in section 1401 of the Agricul2 tural Act of 2014 (7 U.S.C. 9051)), has a pro3 duction history established under the dairy mar4 gin coverage program under section 1405 of the 

5 Agricultural Act of 2014 (7 U.S.C. 9055) of less 

6 than 5 million pounds, as determined in accord7 ance with subsection (c) of such section 1405. 

8 (2) LIMITATION ON ELIGIBILITY.—An eligible 

9 dairy operation shall only be eligible for payments 

10 under this section during a calendar year in which 

11 such eligible dairy operation is enrolled in dairy 

12 margin coverage (as defined in section 1401 of the 

13 Agricultural Act of 2014 (7 U.S.C. 9051)). 

14 (c) SUPPLEMENTAL PRODUCTION HISTORY CALCULA15 TION.—For purposes of determining the production history 

16 of an eligible dairy operation under this section, such dairy 

17 operation’s production history shall be equal to— 

18 (1) the production volume of such dairy oper19 ation for the 2019 milk marketing year; minus 

20 (2) the dairy margin coverage production history 

21 of such dairy operation established under section 1405 

22 of the Agricultural Act of 2014 (7 U.S.C. 9055). 

23 (d) COVERAGE PERCENTAGE.— 

24 (1) IN GENERAL.—For purposes of calculating 

25 payments to be issued under this section during a cal-
1439 

•HR 925 EAH 

1 endar year, an eligible dairy operation’s coverage per2 centage shall be equal to the coverage percentage se3 lected by such eligible dairy operation with respect to 

4 such calendar year under section 1406 of the Agricul5 tural Act of 2014 (7 U.S.C. 9056). 

6 (2) 5-MILLION POUND LIMITATION.— 

7 (A) IN GENERAL.—The Secretary shall not 

8 provide supplemental dairy margin coverage on 

9 an eligible dairy operation’s actual production 

10 for a calendar year such that the total covered 

11 production history of such dairy operation ex12 ceeds 5 million pounds. 

13 (B) DETERMINATION OF AMOUNT.—In cal14 culating the total covered production history of 

15 an eligible dairy operation under subparagraph 

16 (A), the Secretary shall multiply the coverage 

17 percentage selected by such operation under sec18 tion 1406 of the Agricultural Act of 2014 (7 

19 U.S.C. 9056) by the sum of— 

20 (i) the supplemental production history 

21 calculated under subsection (c) with respect 

22 to such dairy operation; and 

23 (ii) the dairy margin coverage produc24 tion history described in subsection (c)(2) 

25 with respect to such dairy operation. 
1440 

•HR 925 EAH 

1 (e) PREMIUM COST.—The premium cost for an eligible 

2 dairy operation under this section for a calendar year shall 

3 be equal to the product of multiplying— 

4 (1) the Tier I premium cost calculated with re5 spect to such dairy operation for such year under sec6 tion 1407(b) of the Agricultural Act of 2014 (7 U.S.C. 

7 9057(b)); by 

8 (2) the production history calculation with re9 spect to such dairy operation determined under sub10 section (c) (such that total covered production history 

11 does not exceed 5 million pounds). 

12 (f) REGULATIONS.—Not later than 45 days after the 

13 date of the enactment of this section, the Secretary shall 

14 issue regulations to carry out this section. 

15 (g) PROHIBITION WITH RESPECT TO DAIRY MARGIN

16 COVERAGE ENROLLMENT.—The Secretary may not reopen 

17 or otherwise provide a special enrollment for dairy margin 

18 coverage (as defined in section 1401 of the Agricultural Act 

19 of 2014 (7 U.S.C. 9051)) for purposes of establishing eligi20 bility for supplemental dairy margin coverage payments 

21 under this section. 

22 (h) RETROACTIVE APPLICATION FOR CALENDAR YEAR

23 2020.—The Secretary shall make payments under this sec24 tion to eligible dairy operations described in subsection 

25 (b)(1) for months after and including January, 2020. 
1441 

•HR 925 EAH 

1 (i) SUNSET.—The authority to make payments under 

2 this section shall terminate on December 31, 2023. 

3 (j) FUNDING.—There is appropriated, out of any funds 

4 in the Treasury not otherwise appropriated, to carry out 

5 this section such sums as necessary, to remain available 

6 until the date specified in subsection (i). 

7 SEC. 203. RECOURSE LOAN PROGRAM FOR COMMERCIAL 

8 PROCESSORS OF DAIRY PRODUCTS. 

9 (a) IN GENERAL.—The Secretary shall make recourse 

10 loans available to qualified applicants during the COVID– 

11 19 pandemic. 

12 (b) AMOUNT OF LOAN.— 

13 (1) IN GENERAL.—A recourse loan made under 

14 this section shall be provided to qualified applicants 

15 up to the value of the eligible dairy product inventory 

16 of the applicant as determined by the Secretary and 

17 in accordance with subsection (c). 

18 (2) VALUATION.—For purposes of making re19 course loans under this section, the Secretary shall 

20 conduct eligible dairy product valuations to provide, 

21 to the maximum extent practicable, funds to continue 

22 the operations of qualified applicants. 

23 (c) INVENTORY USED AS COLLATERAL.—Eligible 

24 dairy product inventory used as collateral for the recourse 
1442 

•HR 925 EAH 

1 loan program under this section shall be pledged on a rotat2 ing basis to prevent spoilage of perishable products. 

3 (d) TERM OF LOAN.—A recourse loan under this sec4 tion may be made for a period as determined by the Sec5 retary, except that no such recourse loan may end after the 

6 date that is 24 months after the date of the enactment of 

7 this section. 

8 (e) FUNDING.—Out of any amounts in the Treasury 

9 not otherwise appropriated, there is appropriated to carry 

10 out this section $500,000,000. 

11 (f) DEFINITIONS.—In this section: 

12 (1) ELIGIBLE DAIRY PRODUCTS.—The term ‘‘eli13 gible dairy products’’ means all dairy products 

14 whether in base commodity or finished product form. 

15 (2) QUALIFIED APPLICANT.—The term ‘‘qualified 

16 applicant’’ means any commercial processor, pack17 ager, or merchandiser of eligible dairy products that 

18 is impacted by COVID–19. 

19 SEC. 204. DAIRY MARGIN COVERAGE PREMIUM DISCOUNT 

20 FOR A 3-YEAR SIGNUP. 

21 The Secretary shall provide a 15 percent discount for 

22 the premiums described in subsections (b) and (c) of section 

23 1407 of the Agricultural Act of 2014 (7 U.S.C. 9051) and 

24 the premium described in section 202(e) for a dairy oper25 ation (as defined in section 1401 of the Agricultural Act 
1443 

•HR 925 EAH 

1 of 2014 (7 U.S.C. 9051)) that makes a 1-time, 3-year elec2 tion to enroll in dairy margin coverage under part I of 

3 subtitle D of such Act for calendar years 2021 through 2024. 

4 TITLE III—SPECIALTY CROPS 

5 AND OTHER COMMODITIES 

6 SEC. 301. SUPPORT FOR SPECIALTY CROP SECTOR. 

7 Section 101(l) of the Specialty Crops Competitiveness 

8 Act of 2004 (7 U.S.C. 1621 note) is amended by adding 

9 at the end the following: 

10 ‘‘(3) COVID–19 OUTBREAK SUPPORT.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 make grants to States eligible to receive a grant 

13 under this section to assist State efforts to sup14 port the specialty crop sector for impacts related 

15 to the COVID–19 public health emergency. 

16 ‘‘(B) FUNDING.—There is appropriated, out 

17 of any funds in the Treasury not otherwise ap18 propriated, to carry out subparagraph (A) not 

19 less than $500,000,000, to remain available until 

20 expended.’’. 

21 SEC. 302. SUPPORT FOR LOCAL AGRICULTURAL MARKETS. 

22 Section 210A(i) of the Agricultural Marketing Act of 

23 1946 (7 U.S.C. 1627c(i)) is amended by adding at the end 

24 the following: 

25 ‘‘(4) GRANTS FOR COVID–19 ASSISTANCE.— 
1444 

•HR 925 EAH 

1 ‘‘(A) IN GENERAL.—In addition to grants 

2 made under the preceding provisions of this sub3 section, the Secretary shall make grants to eligi4 ble entities specified in paragraphs (5)(B) and 

5 (6)(B) of subsection (d) to provide assistance in 

6 response to the COVID–19 pandemic. 

7 ‘‘(B) MATCHING FUNDS APPLICABILITY.— 

8 The Secretary may not require a recipient of a 

9 grant under subparagraph (A) to provide any 

10 non-Federal matching funds. 

11 ‘‘(C) FUNDING.—There is appropriated, out 

12 of any funds in the Treasury not otherwise ap13 propriated, to carry out this paragraph, 

14 $350,000,000, to remain available until ex15 pended.’’. 

16 SEC. 303. SUPPORT FOR FARMING OPPORTUNITIES TRAIN17 ING AND OUTREACH. 

18 Section 2501 of the Food, Agriculture, Conservation, 

19 and Trade Act of 1990 (7 U.S.C. 2279) is amended by add20 ing at the end the following: 

21 ‘‘(m) ADDITIONAL FUNDING.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall make 

23 grants to, or enter into cooperative agreements or con24 tracts with, eligible entities specified in subsection 

25 (c)(1) or entities eligible for grants under subsection 
1445 

•HR 925 EAH 

1 (d) to provide training, outreach, and technical as2 sistance on operations, financing, and marketing, in3 cluding identifying Federal, State, or local assistance 

4 available, to beginning farmers and ranchers, socially 

5 disadvantaged farmers and ranchers, and veteran 

6 farmers and ranchers in response to the COVID–19 

7 pandemic. 

8 ‘‘(2) MATCHING FUNDS APPLICABILITY.—The 

9 Secretary may not require a recipient of a grant 

10 under this subsection to provide any non-Federal 

11 matching funds. 

12 ‘‘(3) FUNDING.—There is appropriated, out of 

13 any funds in the Treasury not otherwise appro14 priated, to carry out this subsection, $50,000,000, to 

15 remain available until expended.’’. 

16 SEC. 304. SUPPORT FOR FARM STRESS PROGRAMS. 

17 (a) IN GENERAL.—The Secretary shall make grants to 

18 State departments of agriculture (or such equivalent de19 partment) to expand or sustain stress assistance programs 

20 for individuals who are engaged in farming, ranching, and 

21 other agriculture-related occupations, including— 

22 (1) programs that meet the criteria specified in 

23 section 7522(b)(1) of the Food, Conservation, and En24 ergy Act of 2008 (7 U.S.C. 5936(b)(1)); and 
1446 

•HR 925 EAH 

1 (2) any State initiatives carried out as of the 

2 date of the enactment of this Act that provide stress 

3 assistance for such individuals. 

4 (b) GRANT TIMING AND AMOUNT.—In making grants 

5 under subsection (a), not later than 60 days after the date 

6 of the enactment of this Act and subject to subsection (c), 

7 the Secretary shall— 

8 (1) make awards to States submitting State 

9 plans that meet the criteria specified in paragraph 

10 (1) of subsection (c) within the time period specified 

11 by the Secretary, in an amount not to exceed 

12 $1,500,000 for each State; and 

13 (2) of the amounts made available under sub14 section (f) and remaining after awards to States 

15 under paragraph (1), allocate among such States, an 

16 amount to be determined by the Secretary. 

17 (c) STATE PLAN.— 

18 (1) IN GENERAL.—A State department of agri19 culture seeking a grant under subsection (b) shall sub20 mit to the Secretary a State plan to expand or sus21 tain stress assistance programs described in sub22 section (a) that includes— 

23 (A) a description of each activity and the 

24 estimated amount of funding to support each 
1447 

•HR 925 EAH 

1 program and activity carried out through such a 

2 program; 

3 (B) an estimated timeline for the operation 

4 of each such program and activity; 

5 (C) the total amount of funding sought; and 

6 (D) an assurance that the State department 

7 of agriculture will comply with the reporting re8 quirement under subsection (e). 

9 (2) GUIDANCE.—Not later than 20 days after the 

10 date of the enactment of this Act, the Secretary shall 

11 issue guidance for States with respect to the submis12 sion of a State plan under paragraph (1) and the al13 location criteria under subsection (b). 

14 (3) REALLOCATION.—If, after the first grants are 

15 awarded pursuant to allocation made under sub16 section (b), any funds made available under sub17 section (f) to carry out this subsection remain unobli18 gated, the Secretary shall— 

19 (A) inform States that submit plans as de20 scribed in subsection (b), of such availability; 

21 and 

22 (B) reallocate such funds among such 

23 States, as the Secretary determines to be appro24 priate and equitable. 
1448 

•HR 925 EAH 

1 (d) COLLABORATION.—The Secretary may issue guid2 ance to encourage State departments of agriculture to use 

3 funds provided under this section to support programs de4 scribed in subsection (a) that are operated by— 

5 (1) Indian tribes (as defined in section 4 of the 

6 Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 5304)); 

8 (2) State cooperative extension services; and 

9 (3) nongovernmental organizations. 

10 (e) REPORTING.—Not later than 180 days after the 

11 COVID–19 public health emergency ends, each State receiv12 ing additional grants under subsection (b) shall submit a 

13 report to the Secretary describing— 

14 (1) the activities conducted using such funds; 

15 (2) the amount of funds used to support each 

16 such activity; and 

17 (3) the estimated number of individuals served 

18 by each such activity. 

19 (f) FUNDING.—Out of the funds of the Treasury not 

20 otherwise appropriated, there is appropriated to carry out 

21 this section $84,000,000, to remain available until ex22 pended. 

23 (g) STATE DEFINED.—In this section, the term 

24 ‘‘State’’ means— 

25 (1) a State; 
1449 

•HR 925 EAH 

1 (2) the District of Columbia; 

2 (3) the Commonwealth of Puerto Rico; and 

3 (4) any other territory or possession of the 

4 United States. 

5 SEC. 305. SUPPORT FOR PROCESSED COMMODITIES. 

6 (a) RENEWABLE FUEL REIMBURSEMENT PROGRAM.— 

7 (1) IN GENERAL.—The Secretary shall make 

8 payments in accordance with this subsection to eligi9 ble entities that experienced unexpected market losses 

10 as a result of the COVID–19 pandemic during the ap11 plicable period. 

12 (2) DEFINITIONS.—In this section: 

13 (A) APPLICABLE PERIOD.—The term ‘‘ap14 plicable period’’ means January 1, 2020, 

15 through May 1, 2020. 

16 (B) ELIGIBLE ENTITY.—The term ‘‘eligible 

17 entity’’ means any domestic entity or facility 

18 that produced any qualified fuel in the calendar 

19 year 2019. 

20 (C) QUALIFIED FUEL.—The term ‘‘qualified 

21 fuel’’ means any advanced biofuel, biomass-based 

22 diesel, cellulosic biofuel, conventional biofuel, or 

23 renewable fuel, as such terms are defined in sec24 tion 211(o)(1) of the Clean Air Act (42 U.S.C. 
1450 

•HR 925 EAH 

1 7545(o)(1)), that is produced in the United 

2 States. 

3 (3) AMOUNT OF PAYMENT.—The amount of the 

4 payment payable to an eligible entity shall be the 

5 sum of— 

6 (A) $0.45 multiplied by the number of gal7 lons of qualified fuel produced by the eligible en8 tity during the applicable period; and 

9 (B) if the Secretary determines that the eli10 gible entity was unable to produce any qualified 

11 fuel throughout 1 or more calendar months dur12 ing the applicable period due to the COVID–19 

13 pandemic, $0.45 multiplied by 50 percent of the 

14 number of gallons produced by the eligible entity 

15 in the corresponding month or months in cal16 endar year 2019. 

17 (4) REPORT.—Not later than 180 days after the 

18 date of the enactment of this Act, the Secretary shall 

19 submit to the Committee on Agriculture of the House 

20 of Representatives and the Committee on Agriculture, 

21 Nutrition, and Forestry of the Senate a report on the 

22 payments made under this subsection, including the 

23 identity of each payment recipient and the amount of 

24 the payment paid to the payment recipient. 
1451 

•HR 925 EAH 

1 (5) FUNDING.—There is appropriated, out of 

2 any funds in the Treasury not otherwise appro3 priated, to carry out this subsection such sums as nec4 essary, to remain available until expended. 

5 (6) ADMINISTRATION.— 

6 (A) IN GENERAL.—The Secretary may use 

7 the facilities and authorities of the Commodity 

8 Credit Corporation to carry out this subsection. 

9 (B) REGULATIONS.— 

10 (i) IN GENERAL.—Except as otherwise 

11 provided in this subsection, not later than 

12 30 days after the date of the enactment of 

13 this Act, the Secretary and the Commodity 

14 Credit Corporation, as appropriate, shall 

15 prescribe such regulations as are necessary 

16 to carry out this subsection. 

17 (ii) PROCEDURE.—The promulgation 

18 of regulations under, and administration of, 

19 this subsection shall be made without regard 

20 to— 

21 (I) the notice and comment provi22 sions of section 553 of title 5, United 

23 States Code; and 
1452 

•HR 925 EAH 

1 (II) chapter 35 of title 44, United 

2 States Code (commonly known as the 

3 ‘‘Paperwork Reduction Act’’). 

4 (b) EMERGENCY ASSISTANCE FOR TEXTILE MILLS.— 

5 (1) IN GENERAL.—The Secretary shall make 

6 emergency assistance available to domestic users of 

7 upland cotton and extra long staple cotton in the 

8 form of a payment in an amount determined under 

9 paragraph (2), regardless of the origin of such upland 

10 cotton or extra long staple cotton, during the 10- 

11 month period beginning on March 1, 2020. 

12 (2) CALCULATION OF ASSISTANCE.—The amount 

13 of the assistance provided under paragraph (1) to a 

14 domestic user described in such paragraph shall be 

15 equal to 10 multiplied by the product of— 

16 (A) the domestic user’s historical monthly 

17 average consumption; and 

18 (B) 6 cents per pound so consumed. 

19 (3) ALLOWABLE USE.—Any emergency assistance 

20 provided under this section shall be made available 

21 only to domestic users of upland cotton and extra 

22 long staple cotton that certify that the assistance shall 

23 be used only for operating expenses. 

24 (4) HISTORICAL MONTHLY AVERAGE CONSUMP25 TION DEFINED.—The term ‘‘historical monthly aver-
1453 

•HR 925 EAH 

1 age consumption’’ means the average consumption for 

2 each month occurring during the period beginning on 

3 January 1, 2017, and ending on December 31, 2019. 

4 (5) FUNDING.—There is appropriated, out of 

5 any funds in the Treasury not otherwise appro6 priated, to carry out this subsection, such sums as 

7 necessary, to remain available until expended. 

8 TITLE IV—COMMODITY CREDIT 

9 CORPORATION 

10 SEC. 401. EMERGENCY ASSISTANCE. 

11 Section 5 of the Commodity Credit Corporation Char12 ter Act (15 U.S.C. 714c) is amended— 

13 (1) by redesignating subsection (h) as subsection 

14 (i); and 

15 (2) by inserting after subsection (g) the fol16 lowing: 

17 ‘‘(h) Remove and dispose of or aid in the removal or 

18 disposition of surplus livestock and poultry due to signifi19 cant supply chain interruption during an emergency pe20 riod.’’. 

21 SEC. 402. CONGRESSIONAL NOTIFICATION AND REPORT. 

22 (a) NOTIFICATION.—The Commodity Credit Corpora23 tion Charter Act (15 U.S.C. 714 et seq.) is amended by add24 ing at the end the following new section: 
1454 

•HR 925 EAH 

1 ‘‘SEC. 20. CONGRESSIONAL NOTIFICATION. 

2 ‘‘(a) IN GENERAL.—The Secretary shall notify in 

3 writing, by first-class mail and electronic mail, the Com4 mittee on Agriculture of the House of Representatives and 

5 the Committee on Agriculture, Nutrition, and Forestry of 

6 the Senate in advance of any obligation or expenditure au7 thorized under this Act. 

8 ‘‘(b) WRITTEN NOTICE.—A written notice required 

9 under subsection (a) shall specify the commodities that will 

10 be affected, the maximum financial benefit per commodity, 

11 the expected legal entities or individuals that would receive 

12 financial benefits, the intended policy goals, and the pro13 jected impacts to commodity markets. 

14 ‘‘(c) EXCEPTION TO THE WRITTEN NOTICE REQUIRE15 MENT.—Subsection (a) shall not apply if, prior to obli16 gating or spending any funding described in such sub17 section, the Secretary obtains approval in writing from 

18 each of the following individuals— 

19 ‘‘(1) the Chair of the Committee on Agriculture 

20 of the House of Representatives; 

21 ‘‘(2) the Ranking Member of the Committee on 

22 Agriculture of the House of Representatives; 

23 ‘‘(3) the Chair of the Committee on Agriculture, 

24 Nutrition, and Forestry of the Senate; and 

25 ‘‘(4) the Ranking Member of the Committee on 

26 Agriculture, Nutrition, and Forestry of the Senate. 
1455 

•HR 925 EAH 

1 ‘‘(d) EXCLUSION FOR PREEXISTING AUTHORIZA2 TIONS.—This section shall not apply to obligations and ex3 penditures authorized under the Agriculture Improvement 

4 Act of 2018 (Public Law 115–334).’’. 

5 (b) CLARIFICATION.—Section 3003 of the Federal Re6 ports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 

7 note) shall not apply to the second sentence of section 13 

8 of the Commodity Credit Corporation Charter Act (15 

9 U.S.C. 714k). 

10 TITLE V—CONSERVATION 

11 SEC. 501. EMERGENCY SOIL HEALTH AND INCOME PROTEC12 TION PILOT PROGRAM. 

13 (a) DEFINITION OF ELIGIBLE LAND.—In this section, 

14 the term ‘‘eligible land’’ means cropland that— 

15 (1) is selected by the owner or operator of the 

16 land for proposed enrollment in the pilot program 

17 under this section; and 

18 (2) as determined by the Secretary, had a crop19 ping history or was considered to be planted during 

20 each of the 3 crop years preceding enrollment. 

21 (b) ESTABLISHMENT.— 

22 (1) IN GENERAL.—The Secretary shall establish 

23 a voluntary emergency soil health and income protec24 tion pilot program under which eligible land is en25 rolled through the use of contracts to assist owners 
1456 

•HR 925 EAH 

1 and operators of eligible land to conserve and improve 

2 the soil, water, and wildlife resources of the eligible 

3 land. 

4 (2) DEADLINE FOR PARTICIPATION.—Eligible 

5 land may be enrolled in the program under this sec6 tion through December 31, 2021. 

7 (c) CONTRACTS.— 

8 (1) REQUIREMENTS.—A contract described in 

9 subsection (b) shall— 

10 (A) be entered into by the Secretary, the 

11 owner of the eligible land, and (if applicable) the 

12 operator of the eligible land; and 

13 (B) provide that, during the term of the 

14 contract— 

15 (i) the lowest practicable cost perennial 

16 conserving use cover crop for the eligible 

17 land, as determined by the applicable State 

18 conservationist after considering the advice 

19 of the applicable State technical committee, 

20 shall be planted on the eligible land; 

21 (ii) subject to paragraph (4), the eligi22 ble land may be harvested for seed, hayed, 

23 or grazed outside the primary nesting sea24 son established for the applicable county; 
1457 

•HR 925 EAH 

1 (iii) the eligible land may be eligible 

2 for a walk-in access program of the applica3 ble State, if any; and 

4 (iv) a nonprofit wildlife organization 

5 may provide to the owner or operator of the 

6 eligible land a payment in exchange for an 

7 agreement by the owner or operator not to 

8 harvest the conserving use cover. 

9 (2) PAYMENTS.— 

10 (A) RENTAL RATE.—Except as provided in 

11 paragraph (4)(B)(ii), the annual rental rate for 

12 a payment under a contract described in sub13 section (b) shall be $70 per acre. 

14 (B) ADVANCE PAYMENT.—At the request of 

15 the owner and (if applicable) the operator of the 

16 eligible land, the Secretary shall make all rental 

17 payments under a contract entered into under 

18 this section within 30 days of entering into such 

19 contract. 

20 (C) COST SHARE PAYMENTS.—A contract 

21 described in subsection (b) shall provide that, 

22 during the term of the contract, the Secretary 

23 shall pay, of the actual cost of establishment of 

24 the conserving use cover crop under paragraph 

25 (1)(B)(i), not more than $30 per acre. 
1458 

•HR 925 EAH 

1 (3) TERM.— 

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

3 subparagraph (B), each contract described in 

4 subsection (b) shall be for a term of 3 years. 

5 (B) EARLY TERMINATION.— 

6 (i) SECRETARY.—The Secretary may 

7 terminate a contract described in subsection 

8 (b) before the end of the term described in 

9 subparagraph (A) if the Secretary deter10 mines that the early termination of the con11 tract is appropriate. 

12 (ii) OWNERS AND OPERATORS.—An 

13 owner and (if applicable) an operator of eli14 gible land enrolled in the pilot program 

15 under this section may terminate a contract 

16 described in subsection (b) before the end of 

17 the term described in subparagraph (A) if 

18 the owner and (if applicable) the operator 

19 pay to the Secretary an amount equal to the 

20 amount of rental payments received under 

21 the contract. 

22 (4) HARVESTING, HAYING, AND GRAZING OUT23 SIDE APPLICABLE PERIOD.—The harvesting for seed, 

24 haying, or grazing of eligible land under paragraph 

25 (1)(B)(ii) outside of the primary nesting season estab-
1459 

•HR 925 EAH 

1 lished for the applicable county shall be subject to the 

2 conditions that— 

3 (A) with respect to eligible land that is so 

4 hayed or grazed, adequate stubble height shall be 

5 maintained to protect the soil on the eligible 

6 land, as determined by the applicable State con7 servationist after considering the advice of the 

8 applicable State technical committee; and 

9 (B) with respect to eligible land that is so 

10 harvested for seed— 

11 (i) the eligible land shall not be eligible 

12 to be insured or reinsured under the Federal 

13 Crop Insurance Act (7 U.S.C. 1501 et seq.); 

14 and 

15 (ii) the annual rental rate for a pay16 ment under a contract described in sub17 section (b) shall be $52.50 per acre. 

18 (d) ACREAGE LIMITATION.—Not more than 5,000,000 

19 total acres of eligible land may be enrolled under the pilot 

20 program under this section. 

21 (e) FUNDING.—There is appropriated, out of any 

22 funds in the Treasury not otherwise appropriated, such 

23 sums as may be necessary to carry out this section. 
1460 

•HR 925 EAH 

1 TITLE VI—NUTRITION 

2 SEC. 601. DEFINITION OF SUPPLEMENTAL NUTRITION AS3 SISTANCE PROGRAM. 

4 In this title, the term ‘‘supplemental nutrition assist5 ance program’’ has the meaning given such term in section 

6 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 

7 2012(t)). 

8 SEC. 602. SUPPLEMENTAL NUTRITION ASSISTANCE PRO9 GRAM. 

10 (a) VALUE OF BENEFITS.—Notwithstanding any other 

11 provision of law, beginning on November 1, 2020, and for 

12 each subsequent month through September 30, 2021, the 

13 value of benefits determined under section 8(a) of the Food 

14 and Nutrition Act of 2008 (7 U.S.C. 2017(a)), and consoli15 dated block grants for Puerto Rico and American Samoa 

16 determined under section 19(a) of such Act (7 U.S.C. 

17 2028(a)), shall be calculated using 115 percent of the June 

18 2020 value of the thrifty food plan (as defined in section 

19 3 of such Act (7 U.S.C. 2012)) if the value of the benefits 

20 and block grants would be greater under that calculation 

21 than in the absence of this subsection. 

22 (b) MINIMUM AMOUNT.— 

23 (1) IN GENERAL.—The minimum value of bene24 fits determined under section 8(a) of the Food and 
1461 

•HR 925 EAH 

1 Nutrition Act of 2008 (7 U.S.C. 2017(a)) for a house2 hold of not more than 2 members shall be $30. 

3 (2) EFFECTIVENESS.—Paragraph (1) shall re4 main in effect through September 30, 2021. 

5 (c) REQUIREMENTS FOR THE SECRETARY.—In car6 rying out this section, the Secretary shall— 

7 (1) consider the benefit increases described in 

8 subsections (a) and (b) to be a ‘‘mass change’’; 

9 (2) require a simple process for States to notify 

10 households of the increase in benefits; 

11 (3) consider section 16(c)(3)(A) of the Food and 

12 Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to 

13 apply to any errors in the implementation of this sec14 tion without regard to the 120-day limit described in 

15 that section; 

16 (4) disregard the additional amount of benefits 

17 that a household receives as a result of this section in 

18 determining the amount of overissuances under sec19 tion 13 of the Food and Nutrition Act of 2008 (7 

20 U.S.C. 2022); and 

21 (5) set the tolerance level for excluding small er22 rors for the purposes of section 16(c) of the Food and 

23 Nutrition Act of 2008 (7 U.S.C. 2025(c)) at $50 

24 through September 30, 2021. 

25 (d) ADMINISTRATIVE EXPENSES.— 
1462 

•HR 925 EAH 

1 (1) IN GENERAL.—For the costs of State admin2 istrative expenses associated with carrying out this 

3 section and administering the supplemental nutrition 

4 assistance program established under the Food and 

5 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the Sec6 retary shall make available $200,000,000 for fiscal 

7 year 2021 and $100,000,000 for fiscal year 2022. 

8 (2) TIMING FOR FISCAL YEAR 2021.—Not later 

9 than 60 days after the date of the enactment of this 

10 Act, the Secretary shall make available to States 

11 amounts for fiscal year 2021 under paragraph (1). 

12 (3) ALLOCATION OF FUNDS.—Funds described in 

13 paragraph (1) shall be made available as grants to 

14 State agencies for each fiscal year as follows: 

15 (A) 75 percent of the amounts available for 

16 each fiscal year shall be allocated to States based 

17 on the share of each State of households that par18 ticipate in the supplemental nutrition assistance 

19 program as reported to the Department of Agri20 culture for the most recent 12-month period for 

21 which data are available, adjusted by the Sec22 retary (as of the date of the enactment of this 

23 Act) for participation in disaster programs 

24 under section 5(h) of the Food and Nutrition Act 

25 of 2008 (7 U.S.C. 2014(h)); and 
1463 

•HR 925 EAH 

1 (B) 25 percent of the amounts available for 

2 each fiscal year shall be allocated to States based 

3 on the increase in the number of households that 

4 participate in the supplemental nutrition assist5 ance program as reported to the Department of 

6 Agriculture over the most recent 12-month period 

7 for which data are available, adjusted by the 

8 Secretary (as of the date of the enactment of this 

9 Act) for participation in disaster programs 

10 under section 5(h) of the Food and Nutrition Act 

11 of 2008 (7 U.S.C. 2014(h)). 

12 (e) PROVISIONS FOR IMPACTED WORKERS.—Notwith13 standing any other provision of law, the requirements of 

14 subsections (d)(1)(A)(ii) and (o) of section 6 of the Food 

15 and Nutrition Act of 2008 (7 U.S.C. 2015) shall not be in 

16 effect during the period beginning on November 1, 2020, 

17 and ending 1 year after the date of enactment of this Act. 

18 (f) CERTAIN EXCLUSIONS FROM SNAP INCOME.—A 

19 Federal pandemic unemployment compensation payment 

20 made to an individual under section 2104 of the 

21 Coronavirus Aid, Relief, and Economic Security Act (Pub22 lic Law 116–136) shall not be regarded as income and shall 

23 not be regarded as a resource for the month of receipt and 

24 the following 9 months, for the purpose of determining eligi25 bility of such individual or any other individual for benefits 
1464 

•HR 925 EAH 

1 or assistance, or the amount of benefits or assistance, under 

2 any programs authorized under the Food and Nutrition Act 

3 of 2008 (7 U.S.C. 2011 et seq.). 

4 (g) PUBLIC AVAILABILITY.—Not later than 10 days 

5 after the date of the receipt or issuance of each document 

6 listed below, the Secretary shall make publicly available on 

7 the website of the Department of Agriculture the following 

8 documents: 

9 (1) Any State agency request to participate in 

10 the supplemental nutrition assistance program online 

11 program under section 7(k) of the Food and Nutrition 

12 Act of 2008 (7 U.S.C. 2016(k)). 

13 (2) Any State agency request to waive, adjust, or 

14 modify statutory or regulatory requirements of the 

15 Food and Nutrition Act of 2008 related to the 

16 COVID–19 outbreak. 

17 (3) The Secretary’s approval or denial of each 

18 such request under paragraphs (1) or (2). 

19 (h) PROVISIONS FOR IMPACTED STUDENTS.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provision of law, not later than 20 days after the date 

22 of the enactment of this Act, eligibility for supple23 mental nutrition assistance program benefits shall not 

24 be limited under section 6(e) of the Food and Nutri-
1465 

•HR 925 EAH 

1 tion Act of 2008 (7 U.S.C. 2015(e)) for an individual 

2 who— 

3 (A) is enrolled at least half-time in an in4 stitution of higher education; and 

5 (B) is eligible to participate in a State or 

6 federally financed work study program during 

7 the regular school year as determined by the in8 stitution of higher education. 

9 (2) SUNSET.— 

10 (A) INITIAL APPLICATIONS.—The eligibility 

11 standards authorized under paragraph (1) shall 

12 be in effect for initial applications for the sup13 plemental nutrition assistance program until 90 

14 days after the COVID–19 public health emer15 gency is lifted. 

16 (B) RECERTIFICATIONS.—The eligibility 

17 standards authorized under paragraph (1) shall 

18 be in effect until the first recertification of a 

19 household beginning no earlier than 90 days 

20 after the COVID–19 public health emergency is 

21 lifted. 

22 (3) GUIDANCE.— 

23 (A) IN GENERAL.—Not later than 10 days 

24 after the date of enactment of this Act, the Sec25 retary shall issue guidance to State agencies on 
1466 

•HR 925 EAH 

1 the temporary student eligibility requirements 

2 established under this subsection. 

3 (B) COORDINATION WITH THE DEPARTMENT

4 OF EDUCATION.—The Secretary of Education, in 

5 consultation with the Secretary of Agriculture 

6 and institutions of higher education, shall carry 

7 out activities to inform applicants for Federal 

8 student financial aid under the Higher Edu9 cation Act of 1965 (20 U.S.C. 1001 et seq.) and 

10 students at institutions of higher education of the 

11 temporary student eligibility requirements estab12 lished under this subsection. 

13 (i) FUNDING.—There are hereby appropriated to the 

14 Secretary, out of any money not otherwise appropriated, 

15 such sums as may be necessary to carry out this section. 

16 SEC. 603. SNAP HOT FOOD PURCHASES. 

17 During the period beginning 10 days after the date 

18 of the enactment of this Act and ending on the termination 

19 date of the COVID–19 public health emergency, the term 

20 ‘‘food’’, as defined in section 3 of the Food and Nutrition 

21 Act of 2008 (7 U.S.C. 2012), shall be deemed to exclude 

22 ‘‘hot foods or hot food products ready for immediate con23 sumption other than those authorized pursuant to clauses 

24 (3), (4), (5), (7), (8), and (9) of this subsection,’’ for pur25 poses of such Act, except that such exclusion shall be limited 
1467 

•HR 925 EAH 

1 to retail food stores authorized to accept and redeem supple2 mental nutrition assistance program benefits as of the date 

3 of enactment of this Act. 

4 SEC. 604. SNAP NUTRITION EDUCATION FLEXIBILITY. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the Secretary may issue nationwide guidance 

7 to allow funds allocated under section 28 of the Food and 

8 Nutrition Act (7 U.S.C. 2036a) to be used for individuals 

9 distributing food in a non-congregate setting under com10 modity distribution programs and child nutrition pro11 grams administered by the Food and Nutrition Service of 

12 the Department of Agriculture in States affected by the 

13 COVID–19 outbreak, provided that any individuals who 

14 distribute school meals under— 

15 (1) the school lunch program established under 

16 the Richard B. Russell National School Lunch Act 

17 (42 U.S.C. 1751 et seq.); and 

18 (2) the school breakfast program established 

19 under section 4 of the Child Nutrition Act of 1966 (42 

20 U.S.C. 1773); 

21 using funds allocated under section 28 of the Food and Nu22 trition Act of 2008 (7 U.S.C. 2036a) supplement, not sup23 plant, individuals who are employed by local educational 

24 authorities as of the date of enactment of this Act. 
1468 

•HR 925 EAH 

1 (b) SUNSET.—The authority provided in this section 

2 shall expire 30 days after the COVID–19 public health 

3 emergency is terminated. 

4 SEC. 605. FLEXIBILITIES FOR SENIOR FARMERS’ MARKET 

5 NUTRITION PROGRAM. 

6 (a) AUTHORITY TO MODIFY OR WAIVE RULES.—Not7 withstanding any other provision of law and if requested 

8 by a State agency, the Secretary may modify or waive any 

9 rule issued under section 4402 of the Farm Security and 

10 Rural Investment Act of 2002 (7 U.S.C. 3007) that applies 

11 to such State agency if the Secretary determines that— 

12 (1) such State agency is unable to comply with 

13 such rule as a result of COVID–19; and 

14 (2) the requested modification or waiver is nec15 essary to enable such State agency to provide assist16 ance to low-income seniors under such section. 

17 (b) PUBLIC AVAILABILITY.—Not later than 10 days 

18 after the date of the receipt or issuance of each document 

19 listed in paragraphs (1) and (2) of this subsection, the Sec20 retary shall make publicly available on the website of the 

21 Department of Agriculture the following documents: 

22 (1) Any request submitted by State agencies 

23 under subsection (a). 

24 (2) The Secretary’s approval or denial of each 

25 such request. 
1469 

•HR 925 EAH 

1 (c) DEFINITION OF STATE AGENCY.—The term ‘‘State 

2 agency’’ has the meaning given such term in section 249.2 

3 of title 7 of the Code of Federal Regulations. 

4 (d) EFFECTIVE PERIOD.—Subsection (a) shall be in 

5 effect during the period that begins on the date of the enact6 ment of this Act and ends 30 days after the termination 

7 of the COVID–19 public health emergency. 

8 SEC. 606. FLEXIBILITIES FOR THE FOOD DISTRIBUTION 

9 PROGRAM ON INDIAN RESERVATIONS. 

10 (a) WAIVER OF NON-FEDERAL SHARE REQUIRE11 MENT.—Funds provided in division B of the Coronavirus 

12 Aid, Relief, and Economic Security Act (Public Law 116– 

13 136) for the food distribution program on Indian reserva14 tions authorized by section 4(b) of the Food and Nutrition 

15 Act of 2008 (7 U.S.C. 2013(b)) shall not be subject to the 

16 payment of the non-Federal share requirement described in 

17 section 4(b)(4)(A) of such Act (7 U.S.C. 2013(b)(4)(A)). 

18 (b) FLEXIBILITIES FOR CERTAIN HOUSEHOLDS.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provision of law, the Secretary of Agriculture may 

21 issue guidance to waive or adjust section 4(b)(2)(C) 

22 of the Food and Nutrition Act of 2008 (7 U.S.C. 

23 2013(b)(2)(C) for any Tribal organization (as defined 

24 in section 3(v) of such Act (7 U.S.C. 2012(v)), or for 

25 an appropriate State agency administering the pro-
1470 

•HR 925 EAH 

1 gram established under section 4(b) of such Act (7 

2 U.S.C. 2013(b)), to ensure that households on the In3 dian reservation who are participating in the supple4 mental nutrition assistance program and who are un5 able to access approved retail food stores due to the 

6 outbreak of COVID–19 have access to commodities 

7 distributed under section 4(b) of such Act. 

8 (2) PUBLIC AVAILABILITY.—The Secretary shall 

9 make available the guidance document issued under 

10 paragraph (1) on the public website of the Depart11 ment of Agriculture not later than 10 days after the 

12 date of the issuance of such guidance. 

13 (3) SUNSET.—The authority under this sub14 section shall expire 30 days after the termination of 

15 the COVID–19 public health emergency. 

16 TITLE VII—RURAL 

17 DEVELOPMENT 

18 SEC. 701. ASSISTANCE FOR RURAL UTILITIES SERVICE BOR19 ROWERS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) ELIGIBLE LOAN.—The term ‘‘eligible loan’’ 

22 means a loan made by the Secretary under section 4 

23 or 201 of the Rural Electrification Act of 1936 (7 

24 U.S.C. 904 or 922), or made by the Federal Financ-
1471 

•HR 925 EAH 

1 ing Bank and guaranteed by the Secretary under sec2 tion 306 of such Act (7 U.S.C. 936). 

3 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means a borrower to whom an eligible loan is 

5 made. 

6 (3) RATEPAYER.—The term ‘‘ratepayer’’ means 

7 an individual who receives utility services from an 

8 entity to whom the Rural Utilities Service has made 

9 a loan. 

10 (b) IN GENERAL.— 

11 (1) ESTABLISHMENT.—The Secretary shall make 

12 grants on a competitive basis to eligible entities to 

13 mitigate the effects of the COVID–19 pandemic and 

14 support their continued or expanded delivery of crit15 ical services (as defined by the Secretary), including 

16 covering the cost of forgiving or refinancing ratepayer 

17 debt outstanding as of such date of enactment. 

18 (2) TIMELINE.— 

19 (A) NOTICE OF FUNDING AVAILABILITY.— 

20 Within 60 days after the date of the enactment 

21 of this Act, the Secretary shall publish a Notice 

22 of Funding Availability to solicit applications 

23 for a grant under this section. 

24 (B) GRANT AWARDS.—The Secretary shall 

25 announce the grants awarded under this section 
1472 

•HR 925 EAH 

1 no later than 60 days after the publication of the 

2 Notice of Funding Availability pursuant to sub3 paragraph (A). 

4 (3) MAXIMUM GRANT AMOUNT.—The amount of 

5 the grant awarded to an eligible entity under this sec6 tion shall not exceed $1,000,000. 

7 (c) APPLICATION.—To be eligible to receive a grant 

8 under this section, an eligible entity shall submit to the Sec9 retary an application containing such information as the 

10 Secretary may require. 

11 (d) SELECTION CRITERIA.—In awarding grants under 

12 this section, the Secretary shall consider— 

13 (1) the degree to which applicants who are eligi14 ble entities are experiencing economic hardship due to 

15 reduced or delayed payments from ratepayers; 

16 (2) whether applicants who are eligible entities 

17 are using eligible loans to provide services primarily 

18 to socially disadvantaged groups, as defined in section 

19 355(e) of the Consolidated Farm and Rural Develop20 ment Act; and 

21 (3) the degree to which applicants who are eligi22 ble entities are using eligible loans in providing serv23 ices in persistent poverty counties, as defined by the 

24 Secretary. 
1473 

•HR 925 EAH 

1 (e) REPORT TO THE CONGRESS.—Not later than 1 

2 year after the date of the enactment of this Act, the Sec3 retary shall submit to the Committee on Agriculture of the 

4 House of Representatives and the Committee on Agri5 culture, Nutrition, and Forestry of the Senate a report de6 tailing, for each eligible entity awarded a grant under this 

7 section, the name of the eligible entity and the geographic 

8 areas benefitting from the grant. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—To carry 

10 out this section, there is authorized to be appropriated not 

11 more than $2,600,000,000 for fiscal year 2021, to remain 

12 available through fiscal year 2022. 

13 DIVISION O—COVID–19 HERO 

14 ACT 

15 SEC. 1. SHORT TITLE. 

16 This division may be cited as the ‘‘COVID–19 Hous17 ing, Economic Relief, and Oversight Act’’ or the ‘‘COVID– 

18 19 HERO Act’’. 
1474 

•HR 925 EAH 

1 TITLE I—PROVIDING MEDICAL 

2 EQUIPMENT FOR FIRST RE3 SPONDERS AND ESSENTIAL 

4 WORKERS 

5 SEC. 101. COVID–19 EMERGENCY MEDICAL SUPPLIES EN6 HANCEMENT. 

7 (a) DETERMINATION ON EMERGENCY SUPPLIES AND

8 RELATIONSHIP TO STATE AND LOCAL EFFORTS.— 

9 (1) DETERMINATION.—For the purposes of sec10 tion 101 of the Defense Production Act of 1950 (50 

11 U.S.C. 4511), the following materials shall be deemed 

12 to be scarce and critical materials essential to the na13 tional defense and otherwise meet the requirements of 

14 section 101(b) of such Act during the COVID–19 

15 emergency period: 

16 (A) Diagnostic tests, including serological 

17 tests, for COVID–19 and the reagents and other 

18 materials necessary for producing or conducting 

19 such tests. 

20 (B) Personal protective equipment, includ21 ing face shields, N–95 respirator masks, and any 

22 other masks determined by the Secretary of 

23 Health and Human Services to be needed to re24 spond to the COVID–19 pandemic, and the ma25 terials to produce such equipment. 
1475 

•HR 925 EAH 

1 (C) Medical ventilators, the components nec2 essary to make such ventilators, and medicines 

3 needed to use a ventilator as a treatment for any 

4 individual who is hospitalized for COVID–19. 

5 (D) Pharmaceuticals and any medicines de6 termined by the Food and Drug Administration 

7 or another Government agency to be effective in 

8 treating COVID–19 (including vaccines for 

9 COVID–19) and any materials necessary to 

10 produce or use such pharmaceuticals or medi11 cines (including self-injection syringes or other 

12 delivery systems). 

13 (E) Any other medical equipment or sup14 plies determined by the Secretary of Health and 

15 Human Services or the Secretary of Homeland 

16 Security to be scarce and critical materials es17 sential to the national defense for purposes of 

18 section 101 of the Defense Production Act of 

19 1950 (50 U.S.C. 4511). 

20 (2) EXERCISE OF TITLE I AUTHORITIES IN RELA21 TION TO CONTRACTS BY STATE AND LOCAL GOVERN22 MENTS.—In exercising authorities under title I of the 

23 Defense Production Act of 1950 (50 U.S.C. 4511 et 

24 seq.) during the COVID–19 emergency period, the 

25 President (and any officer or employee of the United 
1476 

•HR 925 EAH 

1 States to which authorities under such title I have 

2 been delegated)— 

3 (A) may exercise the prioritization or allo4 cation authority provided in such title I to ex5 clude any materials described in paragraph (1) 

6 ordered by a State or local government that are 

7 scheduled to be delivered within 15 days of the 

8 time at which— 

9 (i) the purchase order or contract by 

10 the Federal Government for such materials 

11 is made; or 

12 (ii) the materials are otherwise allo13 cated by the Federal Government under the 

14 authorities contained in such Act; and 

15 (B) shall, within 24 hours of any exercise of 

16 the prioritization or allocation authority pro17 vided in such title I— 

18 (i) notify any State or local govern19 ment if the exercise of such authorities 

20 would delay the receipt of such materials 

21 ordered by such government; and 

22 (ii) take such steps as may be nec23 essary to ensure that such materials ordered 

24 by such government are delivered in the 

25 shortest possible period. 
1477 

•HR 925 EAH 

1 (3) UPDATE TO THE FEDERAL ACQUISITION REG2 ULATION.—Not later than 15 days after the date of 

3 the enactment of this Act, the Federal Acquisition 

4 Regulation shall be revised to reflect the requirements 

5 of paragraph (2)(A). 

6 (b) ENGAGEMENT WITH THE PRIVATE SECTOR.— 

7 (1) SENSE OF CONGRESS.—The Congress— 

8 (A) appreciates the willingness of private 

9 companies not traditionally involved in pro10 ducing items for the health sector to volunteer to 

11 use their expertise and supply chains to produce 

12 essential medical supplies and equipment; 

13 (B) encourages other manufacturers to re14 view their existing capacity and to develop ca15 pacity to produce essential medical supplies, 

16 medical equipment, and medical treatments to 

17 address the COVID–19 emergency; and 

18 (C) commends and expresses deep apprecia19 tion to individual citizens who have been pro20 ducing personal protective equipment and other 

21 materials for, in particular, use at hospitals in 

22 their community. 

23 (2) OUTREACH REPRESENTATIVE.— 

24 (A) DESIGNATION.—Consistent with the au25 thorities in title VII of the Defense Production 
1478 

•HR 925 EAH 

1 Act of 1950 (50 U.S.C. 4551 et seq.), the Admin2 istrator of the Federal Emergency Management 

3 Agency, in consultation with the Secretary of 

4 Health and Human Services, shall designate or 

5 shall appoint, pursuant to section 703 of such 

6 Act (50 U.S.C. 4553), an individual to be known 

7 as the ‘‘Outreach Representative’’. Such indi8 vidual shall— 

9 (i) be appointed from among individ10 uals with substantial experience in the pri11 vate sector in the production of medical 

12 supplies or equipment; and 

13 (ii) act as the Government-wide single 

14 point of contact during the COVID–19 

15 emergency for outreach to manufacturing 

16 companies and their suppliers who may be 

17 interested in producing medical supplies or 

18 equipment, including the materials de19 scribed under subsection (a). 

20 (B) ENCOURAGING PARTNERSHIPS.—The 

21 Outreach Representative shall seek to develop 

22 partnerships between companies, in coordination 

23 with the Supply Chain Stabilization Task Force 

24 or any overall coordinator appointed by the 

25 President to oversee the response to the COVID– 
1479 

•HR 925 EAH 

1 19 emergency, including through the exercise of 

2 the authorities under section 708 of the Defense 

3 Production Act of 1950 (50 U.S.C. 4558). 

4 (c) ENHANCEMENT OF SUPPLY CHAIN PRODUCTION.— 

5 In exercising authority under title III of the Defense Pro6 duction Act of 1950 (50 U.S.C. 4531 et seq.) with respect 

7 to materials described in subsection (a), the President shall 

8 seek to ensure that support is provided to companies that 

9 comprise the supply chains for reagents, components, raw 

10 materials, and other materials and items necessary to 

11 produce or use the materials described in subsection (a). 

12 (d) OVERSIGHT OF CURRENT ACTIVITY AND NEEDS.— 

13 (1) RESPONSE TO IMMEDIATE NEEDS.— 

14 (A) IN GENERAL.—Not later than 7 days 

15 after the date of the enactment of this Act, the 

16 President, in coordination with the National Re17 sponse Coordination Center of the Federal Emer18 gency Management Agency, the Administrator of 

19 the Defense Logistics Agency, the Secretary of 

20 Health and Human Services, the Secretary of 

21 Veterans Affairs, and heads of other Federal 

22 agencies (as appropriate), shall submit to the ap23 propriate congressional committees a report as24 sessing the immediate needs described in sub25 paragraph (B) to combat the COVID–19 pan-
1480 

•HR 925 EAH 

1 demic and the plan for meeting those immediate 

2 needs. 

3 (B) ASSESSMENT.—The report required by 

4 this paragraph shall include— 

5 (i) an assessment of the needs for med6 ical supplies or equipment necessary to ad7 dress the needs of the population of the 

8 United States infected by the virus SARS– 

9 CoV–2 that causes COVID–19 and to pre10 vent an increase in the incidence of 

11 COVID–19 throughout the United States, 

12 including diagnostic tests, serological tests, 

13 medicines that have been approved by the 

14 Food and Drug Administration to treat 

15 COVID–19, and ventilators and medicines 

16 needed to employ ventilators; 

17 (ii) based on meaningful consultations 

18 with relevant stakeholders, an identification 

19 of the target rate of diagnostic testing for 

20 each State and an assessment of the need for 

21 personal protective equipment and other 

22 supplies (including diagnostic tests) re23 quired by— 

24 (I) health professionals, health 

25 workers, and hospital staff including 
1481 

•HR 925 EAH 

1 supplies needed for worst case scenarios 

2 for surges of COVID–19 infections and 

3 hospitalizations; 

4 (II) workers in industries and sec5 tors described in the ‘‘Advisory Memo6 randum on Identification of Essential 

7 Critical Infrastructure Workers during 

8 the COVID–19 Response’’ issued by the 

9 Director of Cybersecurity and Infra10 structure Security Agency of the De11 partment of Homeland Security on 

12 April 17, 2020 (and any expansion of 

13 industries and sectors included in up14 dates to such advisory memorandum); 

15 (III) students, teachers, and ad16 ministrators at primary and sec17 ondary schools; and 

18 (IV) other workers determined to 

19 be essential based on such consultation; 

20 (iii) an assessment of the quantities of 

21 equipment and supplies in the Strategic 

22 National Stockpile (established under sec23 tion 319F–2 of the Public Health Service 

24 Act ((42 U.S.C. 247d–6b(a)(1))) as of the 

25 date of the report, and the projected gap be-
1482 

•HR 925 EAH 

1 tween the quantities of equipment and sup2 plies identified as needed in the assessment 

3 under clauses (i) and (ii) and the quantities 

4 in the Strategic National Stockpile; 

5 (iv) an identification of the industry 

6 sectors and manufacturers most ready to 

7 fulfill purchase orders for such equipment 

8 and supplies (including manufacturers that 

9 may be incentivized) through the exercise of 

10 authority under section 303(e) of the De11 fense Production Act of 1950 (50 U.S.C. 

12 4533(e)) to modify, expand, or improve pro13 duction processes to manufacture such 

14 equipment and supplies to respond imme15 diately to a need identified in clause (i) or 

16 (ii); 

17 (v) an identification of Government18 owned and privately-owned stockpiles of 

19 such equipment and supplies not included 

20 in the Strategic National Stockpile that 

21 could be repaired or refurbished; 

22 (vi) an identification of previously dis23 tributed critical supplies that can be redis24 tributed based on current need; 
1483 

•HR 925 EAH 

1 (vii) a description of any exercise of 

2 the authorities described under paragraph 

3 (1)(E) or (2)(A) of subsection (a); and 

4 (viii) an identification of critical areas 

5 of need, by county and by areas identified 

6 by the Indian Health Service, in the United 

7 States and the metrics and criteria for 

8 identification as a critical area. 

9 (C) PLAN.—The report required by this 

10 paragraph shall include a plan for meeting the 

11 immediate needs to combat the COVID–19 pan12 demic, including the needs described in subpara13 graph (B). Such plan shall include— 

14 (i) each contract the Federal Govern15 ment has entered into to meet such needs, 

16 including the purpose of each contract, the 

17 type and amount of equipment, supplies, or 

18 services to be provided under the contract, 

19 the entity performing such contract, and the 

20 dollar amount of each contract; 

21 (ii) each contract that the Federal Gov22 ernment intends to enter into within 14 

23 days after submission of such report, in24 cluding the information described in sub25 paragraph (B) for each such contract; and 
1484 

•HR 925 EAH 

1 (iii) whether any of the contracts de2 scribed in clause (i) or (ii) have or will 

3 have a priority rating under the Defense 

4 Production Act of 1950 (50 U.S.C. 4501 et 

5 seq.), including purchase orders pursuant to 

6 Department of Defense Directive 4400.1 (or 

7 any successor directive), subpart A of part 

8 101 of title 45, Code of Federal Regulations, 

9 or any other applicable authority. 

10 (D) ADDITIONAL REQUIREMENTS.—The re11 port required by this paragraph, and each up12 date required by subparagraph (E), shall in13 clude— 

14 (i) any requests for equipment and 

15 supplies from State or local governments 

16 and Indian Tribes, and an accompanying 

17 list of the employers and unions consulted 

18 in developing these requests; 

19 (ii) any modeling or formulas used to 

20 determine allocation of equipment and sup21 plies, and any related chain of command 

22 issues on making final decisions on alloca23 tions; 

24 (iii) the amount and destination of 

25 equipment and supplies delivered; 
1485 

•HR 925 EAH 

1 (iv) an explanation of why any por2 tion of any contract described under sub3 paragraph (C), whether to replenish the 

4 Strategic National Stockpile or otherwise, 

5 will not be filled; 

6 (v) of products procured under such 

7 contract, the percentage of such products 

8 that are used to replenish the Strategic Na9 tional Stockpile, that are targeted to 

10 COVID–19 hotspots, and that are used for 

11 the commercial market; 

12 (vi) a description of the range of prices 

13 for goods described in subsection (a), or 

14 other medical supplies and equipment that 

15 are subject to shortages, purchased by the 

16 United States Government, transported by 

17 the Government, or otherwise known to the 

18 Government, which shall also identify all 

19 such prices that exceed the prevailing mar20 ket prices of such goods prior to March 1, 

21 2020, and any actions taken by the Govern22 ment under section 102 of the Defense Pro23 duction Act of 1950 or similar provisions of 

24 law to prevent hoarding of such materials 

25 and charging of such increased prices be-
1486 

•HR 925 EAH 

1 tween March 1, 2020, and the date of the 

2 submission of the first report required by 

3 this paragraph, and, for all subsequent re4 ports, within each reporting period; 

5 (vii) metrics, formulas, and criteria 

6 used to determine COVID–19 hotspots or 

7 areas of critical need for a State, county, or 

8 an area identified by the Indian Health 

9 Service; 

10 (viii) production and procurement 

11 benchmarks, where practicable; and 

12 (ix) results of the consultation with the 

13 relevant stakeholders required by subpara14 graph (B)(ii). 

15 (E) UPDATES.—The President, in coordina16 tion with the National Response Coordination 

17 Center of the Federal Emergency Management 

18 Agency, the Administrator of the Defense Logis19 tics Agency, the Secretary of Health and Human 

20 Services, the Secretary of Veterans Affairs, and 

21 heads of other Federal agencies (as appropriate), 

22 shall update such report every 14 days. 

23 (F) PUBLIC AVAILABILITY.—The President 

24 shall make the report required by this paragraph 

25 and each update required by subparagraph (E) 
1487 

•HR 925 EAH 

1 available to the public, including on a Govern2 ment website. 

3 (2) RESPONSE TO LONGER-TERM NEEDS.— 

4 (A) IN GENERAL.—Not later than 14 days 

5 after the date of enactment of this Act, the Presi6 dent, in coordination with the National Response 

7 Coordination Center of the Federal Emergency 

8 Management Agency, the Administrator of the 

9 Defense Logistics Agency, the Secretary of Health 

10 and Human Services, the Secretary of Veterans 

11 Affairs, and heads of other Federal agencies (as 

12 appropriate), shall submit to the appropriate 

13 congressional committees a report containing an 

14 assessment of the needs described in subpara15 graph (B) to combat the COVID–19 pandemic 

16 and the plan for meeting such needs during the 

17 6-month period beginning on the date of submis18 sion of the report. 

19 (B) ASSESSMENT.—The report required by 

20 this paragraph shall include— 

21 (i) an assessment of the elements de22 scribe in clauses (i) through (v) and clause 

23 (viii) of paragraph (1)(B); 

24 (ii) an assessment of needs related to 

25 COVID–19 vaccines; 
1488 

•HR 925 EAH 

1 (iii) an assessment of the manner in 

2 which the Defense Production Act of 1950 

3 could be exercised to increase services re4 lated to health surveillance to ensure that 

5 the appropriate level of contact tracing re6 lated to detected infections is available 

7 throughout the United States to prevent fu8 ture outbreaks of COVID–19 infections; and 

9 (iv) an assessment of any additional 

10 services needed to address the COVID–19 

11 pandemic. 

12 (C) PLAN.—The report required by this 

13 paragraph shall include a plan for meeting the 

14 longer-term needs to combat the COVID–19 pan15 demic, including the needs described in subpara16 graph (B). This plan shall include— 

17 (i) a plan to exercise authorities under 

18 the Defense Production Act of 1950 (50 

19 U.S.C. 4501 et seq.) necessary to increase 

20 the production of the medical equipment, 

21 supplies, and services that are essential to 

22 meeting the needs identified in subpara23 graph (B), including the number of N–95 

24 respirator masks and other personal protec25 tive equipment needed, based on meaningful 
1489 

•HR 925 EAH 

1 consultations with relevant stakeholders, by 

2 the private sector to resume economic activ3 ity and by the public and nonprofit sectors 

4 to significantly increase their activities; 

5 (ii) results of the consultations with the 

6 relevant stakeholders required by clause (i); 

7 (iii) an estimate of the funding and 

8 other measures necessary to rapidly expand 

9 manufacturing production capacity for such 

10 equipment and supplies, including— 

11 (I) any efforts to expand, retool, 

12 or reconfigure production lines; 

13 (II) any efforts to establish new 

14 production lines through the purchase 

15 and installation of new equipment; or 

16 (III) the issuance of additional 

17 contracts, purchase orders, purchase 

18 guarantees, or other similar measures; 

19 (iv) each contract the Federal Govern20 ment has entered into to meet such needs or 

21 expand such production, the purpose of each 

22 contract, the type and amount of equip23 ment, supplies, or services to be provided 

24 under the contract, the entity performing 
1490 

•HR 925 EAH 

1 such contract, and the dollar amount of 

2 each contract; 

3 (v) each contract that the Federal Gov4 ernment intends to enter into within 14 

5 days after submission of such report, in6 cluding the information described in clause 

7 (iv) for each such contract; 

8 (vi) whether any of the contracts de9 scribed in clause (iv) or (v) have or will 

10 have a priority rating under the Defense 

11 Production Act of 1950 (50 U.S.C. 4501 et 

12 seq.), including purchase orders pursuant to 

13 Department of Defense Directive 4400.1 (or 

14 any successor directive), subpart A of part 

15 101 of title 45, Code of Federal Regulations, 

16 or any other applicable authority; and 

17 (vii) the manner in which the Defense 

18 Production Act of 1950 (50 U.S.C. 4501 et 

19 seq.) could be used to increase services nec20 essary to combat the COVID–19 pandemic, 

21 including services described in subpara22 graph (B)(ii). 

23 (D) UPDATES.—The President, in coordina24 tion with the National Response Coordination 

25 Center of the Federal Emergency Management 
1491 

•HR 925 EAH 

1 Agency, the Administrator of the Defense Logis2 tics Agency, the Secretary of Health and Human 

3 Services, the Secretary of Veterans Affairs, and 

4 heads of other Federal agencies (as appropriate), 

5 shall update such report every 14 days. 

6 (E) PUBLIC AVAILABILITY.—The President 

7 shall make the report required by this subsection 

8 and each update required by subparagraph (D) 

9 available to the public, including on a Govern10 ment website. 

11 (3) REPORT ON EXERCISING AUTHORITIES

12 UNDER THE DEFENSE PRODUCTION ACT OF 1950.— 

13 (A) IN GENERAL.—Not later than 14 days 

14 after the date of the enactment of this Act, the 

15 President, in consultation with the Adminis16 trator of the Federal Emergency Management 

17 Agency, the Secretary of Defense, and the Sec18 retary of Health and Human Services, shall sub19 mit to the appropriate congressional committees 

20 a report on the exercise of authorities under titles 

21 I, III, and VII of the Defense Production Act of 

22 1950 (50 U.S.C. 4501 et seq.) prior to the date 

23 of such report. 

24 (B) CONTENTS.—The report required under 

25 subparagraph (A) and each update required 
1492 

•HR 925 EAH 

1 under subparagraph (C) shall include, with re2 spect to each exercise of such authority— 

3 (i) an explanation of the purpose of the 

4 applicable contract, purchase order, or other 

5 exercise of authority (including an alloca6 tion of materials, services, and facilities 

7 under section 101(a)(2) of the Defense Pro8 duction Act of 1950 (50 U.S.C. 4511(a)(2)); 

9 (ii) the cost of such exercise of author10 ity; and 

11 (iii) if applicable— 

12 (I) the amount of goods that were 

13 purchased or allocated; 

14 (II) an identification of the entity 

15 awarded a contract or purchase order 

16 or that was the subject of the exercise 

17 of authority; and 

18 (III) an identification of any en19 tity that had shipments delayed by the 

20 exercise of any authority under the De21 fense Production Act of 1950 (50 

22 U.S.C. 4501 et seq.). 

23 (C) UPDATES.—The President shall update 

24 the report required under subparagraph (A) 

25 every 14 days. 
1493 

•HR 925 EAH 

1 (D) PUBLIC AVAILABILITY.—The President 

2 shall make the report required by this subsection 

3 and each update required by subparagraph (C) 

4 available to the public, including on a Govern5 ment website. 

6 (4) QUARTERLY REPORTING.—The President 

7 shall submit to Congress, and make available to the 

8 public (including on a Government website), a quar9 terly report detailing all expenditures made pursuant 

10 to titles I, III, and VII of the Defense Production Act 

11 of 1950 50 U.S.C. 4501 et seq.). 

12 (5) EXERCISE OF LOAN AUTHORITIES.— 

13 (A) IN GENERAL.—Any loan made pursu14 ant to section 302 or 303 of the Defense Produc15 tion Act of 1950, carried out by the Inter16 national Development Finance Corporation pur17 suant to the authorities delegated by Executive 

18 Order 13922, shall be subject to the notification 

19 requirements contained in section 1446 of the 

20 BUILD Act of 2018 (22 U.S.C. 9656). 

21 (B) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—For purposes of the notifications re23 quired by subparagraph (A), the term ‘‘appro24 priate congressional committees’’, as used section 

25 1446 of the BUILD Act of 2018, shall be deemed 
1494 

•HR 925 EAH 

1 to include the Committee on Financial Services 

2 of the House of Representatives and the Com3 mittee on Banking, Housing and Urban Devel4 opment of the Senate. 

5 (6) SUNSET.—The requirements of this sub6 section shall terminate on the later of— 

7 (A) December 31, 2021; or 

8 (B) the end of the COVID–19 emergency pe9 riod. 

10 (e) ENHANCEMENTS TO THE DEFENSE PRODUCTION

11 ACT OF 1950.— 

12 (1) HEALTH EMERGENCY AUTHORITY.—Section 

13 107 of the Defense Production Act of 1950 (50 U.S.C. 

14 4517) is amended by adding at the end the following: 

15 ‘‘(c) HEALTH EMERGENCY AUTHORITY.—With respect 

16 to a public health emergency declaration by the Secretary 

17 of Health and Human Services under section 319 of the 

18 Public Health Service Act, or preparations for such a health 

19 emergency, the Secretary of Health and Human Services 

20 and the Administrator of the Federal Emergency Manage21 ment Agency are authorized to carry out the authorities 

22 provided under this section to the same extent as the Presi23 dent.’’. 

24 (2) EMPHASIS ON BUSINESS CONCERNS OWNED

25 BY WOMEN, MINORITIES, VETERANS, AND NATIVE
1495 

•HR 925 EAH 

1 AMERICANS.—Section 108 of the Defense Production 

2 Act of 1950 (50 U.S.C. 4518) is amended— 

3 (A) in the heading, by striking ‘‘MOD4 ERNIZATION OF SMALL BUSINESS SUP5 PLIERS’’ and inserting ‘‘SMALL BUSINESS

6 PARTICIPATION AND FAIR INCLUSION’’; 

7 (B) by amending subsection (a) to read as 

8 follows: 

9 ‘‘(a) PARTICIPATION AND INCLUSION.— 

10 ‘‘(1) IN GENERAL.—In providing any assistance 

11 under this Act, the President shall accord a strong 

12 preference for subcontractors and suppliers that are— 

13 ‘‘(A) small business concerns; or 

14 ‘‘(B) businesses of any size owned by 

15 women, minorities, veterans, and the disabled. 

16 ‘‘(2) SPECIAL CONSIDERATION.—To the max17 imum extent practicable, the President shall accord 

18 the preference described under paragraph (1) to small 

19 business concerns and businesses described in para20 graph (1)(B) that are located in areas of high unem21 ployment or areas that have demonstrated a con22 tinuing pattern of economic decline, as identified by 

23 the Secretary of Labor.’’; and 

24 (C) by adding at the end the following: 
1496 

•HR 925 EAH 

1 ‘‘(c) MINORITY DEFINED.—In this section, the term 

2 ‘minority’— 

3 ‘‘(1) has the meaning given the term in section 

4 308(b) of the Financial Institutions Reform, Recov5 ery, and Enforcement Act of 1989; and 

6 ‘‘(2) includes any indigenous person in the 

7 United States, including any territories of the United 

8 States.’’. 

9 (3) ADDITIONAL INFORMATION IN ANNUAL RE10 PORT.—Section 304(f)(3) of the Defense Production 

11 Act of 1950 (50 U.S.C. 4534(f)(3)) is amended by 

12 striking ‘‘year.’’ and inserting ‘‘year, including the 

13 percentage of contracts awarded using Fund amounts 

14 to each of the groups described in section 108(a)(1)(B) 

15 (and, with respect to minorities, disaggregated by eth16 nic group), and the percentage of the total amount ex17 pended during such fiscal year on such contracts.’’. 

18 (4) DEFINITION OF NATIONAL DEFENSE.—Sec19 tion 702(14) of the Defense Production Act of 1950 is 

20 amended by striking ‘‘and critical infrastructure pro21 tection and restoration’’ and inserting ‘‘, critical in22 frastructure protection and restoration, and health 

23 emergency preparedness and response activities’’. 

24 (f) SECURING ESSENTIAL MEDICAL MATERIALS.— 
1497 

•HR 925 EAH 

1 (1) STATEMENT OF POLICY.—Section 2(b) of the 

2 Defense Production Act of 1950 (50 U.S.C. 4502) is 

3 amended— 

4 (A) by redesignating paragraphs (3) 

5 through (8) as paragraphs (4) through (9), re6 spectively; and 

7 (B) by inserting after paragraph (2) the fol8 lowing: 

9 ‘‘(3) authorities under this Act should be used 

10 when appropriate to ensure the availability of med11 ical materials essential to national defense, including 

12 through measures designed to secure the drug supply 

13 chain, and taking into consideration the importance 

14 of United States competitiveness, scientific leadership 

15 and cooperation, and innovative capacity;’’. 

16 (2) STRENGTHENING DOMESTIC CAPABILITY.— 

17 Section 107 of the Defense Production Act of 1950 (50 

18 U.S.C. 4517) is amended— 

19 (A) in subsection (a), by inserting ‘‘(includ20 ing medical materials)’’ after ‘‘materials’’; and 

21 (B) in subsection (b)(1), by inserting ‘‘(in22 cluding medical materials such as drugs to diag23 nose, cure, mitigate, treat, or prevent disease 

24 that essential to national defense)’’ after ‘‘essen25 tial materials’’. 
1498 

•HR 925 EAH 

1 (3) STRATEGY ON SECURING SUPPLY CHAINS FOR

2 MEDICAL ARTICLES.—Title I of the Defense Produc3 tion Act of 1950 (50 U.S.C. 4511 et seq.) is amended 

4 by adding at the end the following: 

5 ‘‘SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR 

6 MEDICAL MATERIALS. 

7 ‘‘(a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this section, the President, in con9 sultation with the Secretary of Health and Human Serv10 ices, the Secretary of Commerce, the Secretary of Homeland 

11 Security, and the Secretary of Defense, shall transmit a 

12 strategy to the appropriate Members of Congress that in13 cludes the following: 

14 ‘‘(1) A detailed plan to use the authorities under 

15 this title and title III, or any other provision of law, 

16 to ensure the supply of medical materials (including 

17 drugs to diagnose, cure, mitigate, treat, or prevent 

18 disease) essential to national defense, to the extent 

19 necessary for the purposes of this Act. 

20 ‘‘(2) An analysis of vulnerabilities to existing 

21 supply chains for such medical articles, and rec22 ommendations to address the vulnerabilities. 

23 ‘‘(3) Measures to be undertaken by the President 

24 to diversify such supply chains, as appropriate and 

25 as required for national defense; and 
1499 

•HR 925 EAH 

1 ‘‘(4) A discussion of— 

2 ‘‘(A) any significant effects resulting from 

3 the plan and measures described in this sub4 section on the production, cost, or distribution of 

5 vaccines or any other drugs (as defined under 

6 section 201 of the Federal Food, Drug, and Cos7 metic Act (21 U.S.C. 321)); 

8 ‘‘(B) a timeline to ensure that essential 

9 components of the supply chain for medical ma10 terials are not under the exclusive control of a 

11 foreign government in a manner that the Presi12 dent determines could threaten the national de13 fense of the United States; and 

14 ‘‘(C) efforts to mitigate any risks resulting 

15 from the plan and measures described in this 

16 subsection to United States competitiveness, sci17 entific leadership, and innovative capacity, in18 cluding efforts to cooperate and proactively en19 gage with United States allies. 

20 ‘‘(b) PROGRESS REPORT.—Following submission of 

21 the strategy under subsection (a), the President shall submit 

22 to the appropriate Members of Congress an annual progress 

23 report evaluating the implementation of the strategy, and 

24 may include updates to the strategy as appropriate. The 
1500 

•HR 925 EAH 

1 strategy and progress reports shall be submitted in unclassi2 fied form but may contain a classified annex. 

3 ‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—The 

4 term ‘appropriate Members of Congress’ means the Speaker, 

5 majority leader, and minority leader of the House of Rep6 resentatives, the majority leader and minority leader of the 

7 Senate, the Chairman and Ranking Member of the Commit8 tees on Armed Services and Financial Services of the House 

9 of Representatives, and the Chairman and Ranking Member 

10 of the Committees on Armed Services and Banking, Hous11 ing, and Urban Affairs of the Senate.’’. 

12 (g) GAO REPORT.— 

13 (1) IN GENERAL.—Not later than 270 days after 

14 the date of the enactment of this Act, and annually 

15 thereafter, the Comptroller General of the United 

16 States shall submit to the appropriate congressional 

17 committees a report on ensuring that the United 

18 States Government has access to the medical supplies 

19 and equipment necessary to respond to future 

20 pandemics and public health emergencies, including 

21 recommendations with respect to how to ensure that 

22 the United States supply chain for diagnostic tests 

23 (including serological tests), personal protective 

24 equipment, vaccines, and therapies is better equipped 

25 to respond to emergencies, including through the use 
1501 

•HR 925 EAH 

1 of funds in the Defense Production Act Fund under 

2 section 304 of the Defense Production Act of 1950 (50 

3 U.S.C. 4534) to address shortages in that supply 

4 chain. 

5 (2) REVIEW OF ASSESSMENT AND PLAN.— 

6 (A) IN GENERAL.—Not later than 30 days 

7 after each of the submission of the reports de8 scribed in paragraphs (1) and (2) of subsection 

9 (d), the Comptroller General of the United States 

10 shall submit to the appropriate congressional 

11 committees an assessment of such reports, includ12 ing identifying any gaps and providing any rec13 ommendations regarding the subject matter in 

14 such reports. 

15 (B) MONTHLY REVIEW.—Not later than a 

16 month after the submission of the assessment 

17 under subparagraph (A), and monthly thereafter, 

18 the Comptroller General shall issue a report to 

19 the appropriate congressional committees with 

20 respect to any updates to the reports described in 

21 paragraph (1) and (2) of subsection (d) that 

22 were issued during the previous 1-month period, 

23 containing an assessment of such updates, in24 cluding identifying any gaps and providing any 
1502 

•HR 925 EAH 

1 recommendations regarding the subject matter in 

2 such updates. 

3 (h) DEFINITIONS.—In this section: 

4 (1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional commit6 tees’’ means the Committees on Appropriations, 

7 Armed Services, Energy and Commerce, Financial 

8 Services, Homeland Security, and Veterans’ Affairs of 

9 the House of Representatives and the Committees on 

10 Appropriations, Armed Services, Banking, Housing, 

11 and Urban Affairs, Health, Education, Labor, and 

12 Pensions, Homeland Security and Governmental Af13 fairs, and Veterans’ Affairs of the Senate. 

14 (2) COVID–19 EMERGENCY PERIOD.—The term 

15 ‘‘COVID–19 emergency period’’ means the period be16 ginning on the date of enactment of this Act and end17 ing after the end of the incident period for the emer18 gency declared on March 13, 2020, by the President 

19 under Section 501 of the Robert T. Stafford Disaster 

20 Relief and Emergency Assistance Act (42 U.S.C. 4121 

21 et seq.) relating to the Coronavirus Disease 2019 

22 (COVID–19) pandemic. 

23 (3) RELEVANT STAKEHOLDER.—The term ‘‘rel24 evant stakeholder’’ means— 

25 (A) representative private sector entities; 
1503 

•HR 925 EAH 

1 (B) representatives of the nonprofit sector; 

2 (C) representatives of primary and sec3 ondary school systems; and 

4 (D) representatives of labor organizations 

5 representing workers, including unions that rep6 resent health workers, manufacturers, teachers, 

7 other public sector employees, and service sector 

8 workers. 

9 (4) STATE.—The term ‘‘State’’ means each of the 

10 several States, the District of Columbia, the Common11 wealth of Puerto Rico, and any territory or possession 

12 of the United States. 

13 TITLE II—PROTECTING RENTERS 

14 AND HOMEOWNERS FROM 

15 EVICTIONS AND FORE16 CLOSURES 

17 SEC. 201. EMERGENCY RENTAL ASSISTANCE AND RENTAL 

18 MARKET STABILIZATION. 

19 (a) DEFINITIONS.—In this section: 

20 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

21 the meaning given the such term in section 4 of the 

22 Native American Housing Assistance and Self-Deter23 mination Act of 1996 (25 U.S.C. 4103). 

24 (2) PUBLIC HOUSING AGENCY.—The term ‘‘pub25 lic housing agency’’ has the meaning given such term 
1504 

•HR 925 EAH 

1 in section 3(b) of the United States Housing Act of 

2 1937 (42 U.S.C. 1437a(b)). 

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

4 the Secretary of Housing and Urban Development. 

5 (4) TRIBALLY DESIGNATED HOUSING ENTITY.— 

6 The term ‘‘tribally designated housing entity’’ has the 

7 meaning given such term in section 4 of the Native 

8 American Housing Assistance and Self-Determination 

9 Act of 1996 (25 U.S.C. 4103). 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to the Secretary 

12 $50,000,000,000 for an additional amount for grants under 

13 the Emergency Solutions Grants program under subtitle B 

14 of title IV of the McKinney-Vento Homeless Assistance Act 

15 (42 U.S.C. 11371 et seq.), to remain available until ex16 pended (subject to subsection (e) of this section), to be used 

17 for providing short- or medium-term assistance with rent 

18 and rent-related costs (including tenant-paid utility costs, 

19 utility- and rent-arrears, fees charged for those arrears, and 

20 security and utility deposits) in accordance with para21 graphs (4) and (5) of section 415(a) of such Act (42 U.S.C. 

22 11374(a)) and this section. 

23 (c) DEFINITION OF AT RISK OF HOMELESSNESS.— 

24 Notwithstanding section 401(1) of the McKinney-Vento 

25 Homeless Assistance Act (42 U.S.C. 11360(1)), for purposes 
1505 

•HR 925 EAH 

1 of assistance made available with amounts made available 

2 pursuant to subsection (b), the term ‘‘at risk of homeless3 ness’’ means, with respect to an individual or family, that 

4 the individual or family— 

5 (1) except as provided in subsection (d)(1)(C), 

6 has an income below 80 percent of the median income 

7 for the area as determined by the Secretary; and 

8 (2) has an inability to attain or maintain hous9 ing stability or has insufficient resources to pay for 

10 rent or utilities. 

11 (d) INCOME TARGETING AND CALCULATION.—For pur12 poses of assistance made available with amounts made 

13 available pursuant to subsection (b)— 

14 (1) each recipient of such amounts shall use— 

15 (A) not less than 40 percent of the amounts 

16 received only for providing assistance to individ17 uals or families experiencing homelessness, or for 

18 persons or families at risk of homelessness who 

19 have incomes not exceeding 30 percent of the me20 dian income for the area as determined by the 

21 Secretary; 

22 (B) not less than 70 percent of the amounts 

23 received only for providing assistance to individ24 uals or families experiencing homelessness, or for 

25 persons or families at risk of homelessness who 
1506 

•HR 925 EAH 

1 have incomes not exceeding 50 percent of the me2 dian income for the area as determined by the 

3 Secretary; and 

4 (C) the remainder of the amounts received 

5 only for providing assistance to individuals or 

6 families experiencing homelessness, or for persons 

7 or families at risk of homelessness who have in8 comes not exceeding 80 percent of the median in9 come for the area as determined by the Sec10 retary, except that the recipient may establish a 

11 higher percentage limit for purposes of subsection 

12 (c)(1), which shall not in any case exceed 120 

13 percent of the area median income, provided that 

14 the recipient— 

15 (i) proposes to permit such assistance 

16 to individuals and households in its plan to 

17 carry out activities under this section; and 

18 (ii) solicits public comment on the pro19 posal; and 

20 (2) in determining the income of a household for 

21 homelessness prevention assistance— 

22 (A) the calculation of income performed at 

23 the time of application for the assistance, includ24 ing arrearages, shall consider only income that 

25 the household is receiving at the time of the ap-
1507 

•HR 925 EAH 

1 plication, and any income recently terminated 

2 shall not be included; 

3 (B) any subsequent calculation of income 

4 performed with respect to households receiving 

5 ongoing assistance shall consider only the income 

6 that the household is receiving at the time of the 

7 review; and 

8 (C) the calculation of income performed 

9 with respect to households receiving assistance 

10 for arrearages shall consider only the income 

11 that the household was receiving at the time the 

12 arrearages were incurred. 

13 (e) 3-YEAR AVAILABILITY.— 

14 (1) IN GENERAL.—Each recipient of amounts 

15 made available pursuant to subsection (b) shall— 

16 (A) expend not less than 60 percent of the 

17 grant amounts within 2 years of the date on 

18 which the funds became available to the recipient 

19 for obligation; and 

20 (B) expend 100 percent of the grant 

21 amounts within 3 years of the date on which the 

22 funds became available to the recipient for obli23 gation. 

24 (2) REALLOCATION AFTER 2 YEARS.— 
1508 

•HR 925 EAH 

1 (A) IN GENERAL.—The Secretary may re2 capture any amounts not expended in compli3 ance with paragraph (1)(A) and reallocate those 

4 amounts to recipients in compliance with the 

5 formula described in subsection (i) and this 

6 paragraph. 

7 (B) STATES, METROPOLITAN CITIES, AND

8 URBAN COUNTIES.—Funds recaptured under sub9 paragraph (A) with respect to a recipient de10 scribed in subsection (i)(1)(B) shall be reallo11 cated to other participating recipients of funds 

12 described in subsection (i)(1)(B). 

13 (C) INDIAN TRIBES, TRIBALLY DESIGNATED

14 HOUSING ENTITIES, AND DEPARTMENT OF HA15 WAIIAN HOME LANDS.—Funds recaptured under 

16 subparagraph (A) with respect to a recipient de17 scribed in subsection (i)(1)(A)(i)(I) shall be re18 allocated to other participating recipients of 

19 funds described in subsection (i)(1)(A)(i)(I). 

20 (D) INSULAR AREAS.—Funds recaptured 

21 under subparagraph (A) with respect to a recipi22 ent described in subsection (i)(1)(A)(i)(II) shall 

23 be reallocated to other participating recipients of 

24 funds described in subsection (i)(1)(A)(i)(II). 

25 (f) RENT RESTRICTIONS.— 
1509 

•HR 925 EAH 

1 (1) INAPPLICABILITY.—Section 576.106(d) of 

2 title 24, Code of Federal Regulations, or any successor 

3 regulation, shall not apply with respect to homeless4 ness prevention assistance made available with 

5 amounts made available pursuant to subsection (b). 

6 (2) AMOUNT OF RENTAL ASSISTANCE.—In pro7 viding homelessness prevention assistance with 

8 amounts made available pursuant to subsection (b), 

9 the maximum amount of rental assistance that may 

10 be provided shall be the greater of— 

11 (A) 120 percent of the higher of— 

12 (i) the fair market rent established by 

13 the Secretary for the metropolitan area or 

14 county; or 

15 (ii) the applicable small area fair mar16 ket rent established by the Secretary; or 

17 (iii) such higher amount as the Sec18 retary shall determine is needed to cover 

19 market rents in the area. 

20 (g) SUBLEASES.—A recipient of amounts made avail21 able pursuant to subsection (b) shall not be prohibited from 

22 providing assistance authorized under subsection (b) with 

23 respect to subleases that are valid under State law. 
1510 

•HR 925 EAH 

1 (h) UTILITY PAYMENT AND RENTAL ARREARAGES.— 

2 In providing assistance with amounts made available pur3 suant to subsection (b) of this section— 

4 (1) sections 576.105(a)(5) and 576.106(a)(3) of 

5 title 24, Code of Federal Regulations, shall each be 

6 applied by substituting ‘‘12 months’’ for ‘‘6 months’’; 

7 and 

8 (2) notwithstanding section 576.106(g) of title 

9 24, Code of Federal Regulations, where such assist10 ance is solely with respect to rental arrears, the re11 cipient shall not be required to provide a written 

12 lease or evidence of an oral agreement. 

13 (i) ALLOCATION OF ASSISTANCE.— 

14 (1) IN GENERAL.—In allocating amounts made 

15 available pursuant to subsection (b), the Secretary 

16 shall— 

17 (A)(i) for any purpose authorized in this 

18 section— 

19 (I) allocate 2 percent of such amount 

20 for Indian tribes and tribally designated 

21 housing entities under the formula estab22 lished under section 302 of the Native 

23 American Housing Assistance and Self-De24 termination Act of 1996 (25 U.S.C. 4152), 

25 except that 0.3 percent of the amount allo-
1511 

•HR 925 EAH 

1 cated under this subclause shall be allocated 

2 for the Department of Hawaiian Home 

3 Lands; and 

4 (II) allocate 0.3 percent of such 

5 amount for the Virgin Islands, Guam, 

6 American Samoa, and the Northern Mar7 iana Islands; and 

8 (ii) not later than 30 days after the date of 

9 enactment of this Act, obligate and disburse the 

10 amounts allocated under clause (i) in accordance 

11 with those allocations and provide the recipients 

12 with any necessary guidance for use of the funds; 

13 and 

14 (B)(i) not later than 7 days after the date 

15 of enactment of this Act and after setting aside 

16 amounts under subparagraph (A)— 

17 (I) allocate 50 percent of any such re18 maining amounts under the formula speci19 fied in subsections (a), (b), and (e) of sec20 tion 414 of the McKinney-Vento Homeless 

21 Assistance Act (42 U.S.C. 11373) for each 

22 State, metropolitan city, and urban county 

23 that is to receive a direct grant of such 

24 amounts; 
1512 

•HR 925 EAH 

1 (II) allocate 50 percent of any such re2 maining amounts through the formula used 

3 by the Secretary to distribute the second al4 location of grants in accordance with the 

5 formula described in the matter under the 

6 heading ‘‘Department of Housing and 

7 Urban Development—Community Planning 

8 and Development—Homeless Assistance 

9 Grants’’ in title XII of division B of the 

10 CARES Act (Public Law 116–136) for each 

11 State, metropolitan city, and urban county 

12 that is to receive a direct grant of such 

13 amounts; and 

14 (III) notify each direct grantee of the 

15 total amount to be allocated under this 

16 clause; and 

17 (ii) not later than 30 days after the date of 

18 enactment of this Act, obligate and disburse the 

19 amounts allocated under clause (i) in accordance 

20 with those allocations and provide the recipient 

21 with any necessary guidance for use of the funds. 

22 (2) ALLOCATIONS TO STATES.— 

23 (A) IN GENERAL.—Notwithstanding section 

24 414(a) of the McKinney-Vento Homeless Assist25 ance Act (42 U.S.C. 11373(a)) and section 
1513 

•HR 925 EAH 

1 576.202(a) of title 24, Code of Federal Regula2 tions, or any successor regulation, a State recipi3 ent of an allocation under this section may elect 

4 to use up to 100 percent of its allocation to carry 

5 out activities eligible under this section directly. 

6 (B) REQUIREMENT.—Any State recipient 

7 making an election described in subparagraph 

8 (A) shall serve households throughout the entire 

9 State, including households in rural commu10 nities and small towns. 

11 (3) ELECTION NOT TO ADMINISTER.— 

12 (A) METROPOLITAN CITIES AND URBAN

13 COUNTIES.—If a recipient under paragraph 

14 (1)(B) other than a State elects not to receive 

15 funds under this section, such funds shall be allo16 cated to the State recipient in which the recipi17 ent is located. 

18 (B) INDIAN TRIBES, TRIBALLY DESIGNATED

19 HOUSING ENTITIES, AND DEPARTMENT OF HA20 WAIIAN HOMELANDS.—If a recipient under para21 graph (1)(A)(i)(I) elects not to receive funds 

22 under this section, such funds shall be allocated 

23 to other participating recipients of funds under 

24 paragraph (1)(A)(i)(I). 
1514 

•HR 925 EAH 

1 (C) INSULAR AREAS.—If a recipient under 

2 paragraph (1)(A)(i)(II) elects not to receive 

3 funds under this section, such funds shall be allo4 cated to other participating recipients of funds 

5 under paragraph (1)(A)(i)(II). 

6 (D) PARTNERSHIPS, SUBGRANTS, AND CON7 TRACTS.—A recipient of a grant under this sec8 tion may distribute funds through partnerships, 

9 subgrants, or contracts with an entity, such as a 

10 public housing agency, that is capable of car11 rying out activities under this section. 

12 (j) INAPPLICABILITY OF MATCHING REQUIREMENT.— 

13 Section 416(a) of the McKinney-Vento Homeless Assistance 

14 Act (42 U.S.C. 11375(a)) shall not apply to any amounts 

15 made available pursuant to subsection (b) of this section. 

16 (k) REIMBURSEMENT OF ELIGIBLE ACTIVITIES.— 

17 Amounts made available pursuant to subsection (b) may 

18 be used by a recipient to reimburse expenditures incurred 

19 for eligible activities under this section carried out after the 

20 date of enactment of this Act. 

21 (l) PROHIBITION ON PREREQUISITES.—None of the 

22 funds made available under this section may be used to re23 quire any individual or household receiving assistance 

24 under this section to receive treatment or perform any other 
1515 

•HR 925 EAH 

1 prerequisite activities as a condition for receiving such as2 sistance. 

3 (m) WAIVERS AND ALTERNATIVE REQUIREMENTS.— 

4 (1) IN GENERAL.— 

5 (A) AUTHORITY.—In administering the 

6 amounts made available pursuant to subsection 

7 (b), the Secretary may waive, or specify alter8 native requirements for, any provision of any 

9 statute or regulation that the Secretary admin10 isters in connection with the obligation by the 

11 Secretary or the use by the recipient of such 

12 amounts (except for requirements related to fair 

13 housing, nondiscrimination, labor standards, 

14 prohibition on prerequisites, minimum data re15 porting, and the environment), if the Secretary 

16 finds that good cause exists for the waiver or al17 ternative requirement and such waiver or alter18 native requirement is necessary to expedite the 

19 use of funds made available pursuant to this sec20 tion, to respond to public health orders or condi21 tions related to the COVID–19 emergency, or to 

22 ensure that eligible individuals can attain or 

23 maintain housing stability. 

24 (B) PUBLIC NOTICE.—The Secretary shall 

25 notify the public through the Federal Register or 
1516 

•HR 925 EAH 

1 other appropriate means of any waiver or alter2 native requirement under this paragraph, and 

3 that such public notice shall be provided, at a 

4 minimum, on the internet at the appropriate 

5 Government website or through other electronic 

6 media, as determined by the Secretary. 

7 (C) ELIGIBILITY REQUIREMENTS.—Eligi8 bility for rental assistance or housing relocation 

9 and stabilization services shall not be restricted 

10 based upon the prior receipt of assistance under 

11 the program during the preceding three years. 

12 (D) INSPECTIONS OF CURRENT HOUSING

13 UNITS.—A recipient of funds made available 

14 pursuant to subsection (b) may elect not to con15 duct inspections for minimum habitability 

16 standards described in section 576.403 of title 

17 24, Code of Federal Regulations, or any successor 

18 regulation, for any assistance under this section 

19 that is provided on behalf of an individual or 

20 household who will continue to reside in the 

21 same housing unit in which they resided imme22 diately before receiving the assistance. 

23 (2) PUBLIC HEARINGS.— 
1517 

•HR 925 EAH 

1 (A) INAPPLICABILITY OF IN-PERSON HEAR2 ING REQUIREMENTS DURING THE COVID–19

3 EMERGENCY.— 

4 (i) IN GENERAL.—A recipient under 

5 this section shall not be required to hold in6 person public hearings in connection with 

7 its citizen participation plan, but shall pro8 vide citizens with notice, including publica9 tion of its plan for carrying out this section 

10 on the internet, and a reasonable oppor11 tunity to comment of not less than 5 days. 

12 (ii) RESUMPTION OF IN-PERSON HEAR13 ING REQUIREMENTS.—After the period be14 ginning on the date of enactment of this Act 

15 and ending on the date of the termination 

16 by the Federal Emergency Management 

17 Agency of the emergency declared on March 

18 13, 2020, by the President under the Robert 

19 T. Stafford Disaster Relief and Emergency 

20 Assistance Act (42 U.S.C. 4121 et seq.) re21 lating to the Coronavirus Disease 2019 

22 (COVID–19) pandemic, and after the period 

23 described in subparagraph (B)(i), the Sec24 retary shall direct recipients under this sec-
1518 

•HR 925 EAH 

1 tion to resume pre-crisis public hearing re2 quirements. 

3 (B) VIRTUAL PUBLIC HEARINGS.— 

4 (i) IN GENERAL.—During the period 

5 that national or local health authorities rec6 ommend social distancing and limiting 

7 public gatherings for public health reasons, 

8 a recipient may fulfill applicable public 

9 hearing requirements for all grants from 

10 funds made available pursuant to this sec11 tion by carrying out virtual public hear12 ings. 

13 (ii) REQUIREMENTS.—Any virtual 

14 hearings held under clause (i) by a recipi15 ent under this section shall provide reason16 able notification and access for citizens in 

17 accordance with the recipient’s certifi18 cations, timely responses from local officials 

19 to all citizen questions and issues, and pub20 lic access to all questions and responses. 

21 (n) CONSULTATION.—In addition to any other citizen 

22 participation and consultation requirements, in developing 

23 and implementing a plan to carry out this section, each 

24 recipient of funds made available pursuant to this section 

25 shall consult with— 
1519 

•HR 925 EAH 

1 (1) the applicable Continuum or Continuums of 

2 Care for the area served by the recipient; 

3 (2) organizations representing underserved com4 munities and populations; and 

5 (3) organizations with expertise in affordable 

6 housing, fair housing, and services for people with 

7 disabilities. 

8 (o) ADMINISTRATION.— 

9 (1) BY SECRETARY.—Of any amounts made 

10 available pursuant to subsection (b)— 

11 (A) not more than the lesser of 0.5 percent, 

12 or $15,000,000, may be used by the Secretary for 

13 staffing, training, technical assistance, tech14 nology, monitoring, research, and evaluation ac15 tivities necessary to carry out the program car16 ried out under this section, and such amounts 

17 shall remain available until September 30, 2024; 

18 and 

19 (B) not more than $2,000,000 shall be 

20 available to the Office of the Inspector General of 

21 the Department of Housing and Urban Develop22 ment for audits and investigations of the pro23 gram authorized under this section. 

24 (2) BY RECIPIENTS.—Notwithstanding section 

25 576.108 of title 24 of the Code of Federal Regulations, 
1520 

•HR 925 EAH 

1 or any successor regulation, with respect to amounts 

2 made available pursuant to subsection (b), a recipient 

3 may use up to 10 percent of funds received for pay4 ment of administrative costs related to the planning 

5 and execution of eligible activities carried out under 

6 this section. 

7 SEC. 202. HOMEOWNER ASSISTANCE FUND. 

8 (a) DEFINITIONS.—In this section: 

9 (1) FUND.—The term ‘‘Fund’’ means the Home10 owner Assistance Fund established under subsection 

11 (b). 

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

13 the Secretary of the Treasury. 

14 (3) STATE.—The term ‘‘State’’ means any State 

15 of the United States, the District of Columbia, any 

16 territory of the United States, Puerto Rico, Guam, 

17 American Samoa, the Virgin Islands, and the North18 ern Mariana Islands. 

19 (b) ESTABLISHMENT OF FUND.—There is established 

20 at the Department of the Treasury a Homeowner Assistance 

21 Fund to provide such funds as are made available under 

22 subsection (g) to State housing finance agencies for the pur23 pose of preventing homeowner mortgage defaults, fore24 closures, and displacements of individuals and families ex25 periencing financial hardship after January 21, 2020. 
1521 

•HR 925 EAH 

1 (c) ALLOCATION OF FUNDS.— 

2 (1) ADMINISTRATION.—Of any amounts made 

3 available for the Fund, the Secretary of the Treasury 

4 may allocate, in the aggregate, an amount not exceed5 ing 5 percent— 

6 (A) to the Office of Financial Stability es7 tablished under section 101(a) of the Emergency 

8 Economic Stabilization Act of 2008 (12 U.S.C. 

9 5211(a)) to administer and oversee the Fund, 

10 and to provide technical assistance to States for 

11 the creation and implementation of State pro12 grams to administer assistance from the Fund; 

13 and 

14 (B) to the Inspector General of the Depart15 ment of the Treasury for oversight of the pro16 gram under this section. 

17 (2) FOR STATES.—The Secretary shall establish 

18 such criteria as are necessary to allocate the funds 

19 available within the Fund for each State. The Sec20 retary shall allocate such funds among all States tak21 ing into consideration the number of unemployment 

22 claims within a State relative to the nationwide num23 ber of unemployment claims. 
1522 

•HR 925 EAH 

1 (3) SMALL STATE MINIMUM.—The amount allo2 cated for each State shall not be less than 

3 $80,000,000. 

4 (4) SET-ASIDE FOR INSULAR AREAS.—Notwith5 standing any other provision of this section, of the 

6 amounts appropriated under subsection (g), the Sec7 retary shall reserve $65,000,000 to be disbursed to 

8 Guam, American Samoa, the Virgin Islands, and the 

9 Northern Mariana Islands based on each such terri10 tory’s share of the combined total population of all 

11 such territories, as determined by the Secretary. For 

12 the purposes of this paragraph, population shall be 

13 determined based on the most recent year for which 

14 data are available from the United States Census Bu15 reau. 

16 (5) SET-ASIDE FOR INDIAN TRIBES AND NATIVE

17 HAWAIIANS.— 

18 (A) INDIAN TRIBES.—Notwithstanding any 

19 other provision of this section, of the amounts 

20 appropriated under subsection (g), the Secretary 

21 shall use 5 percent to make grants in accordance 

22 with subsection (f) to eligible recipients for the 

23 purposes described in subsection (e)(1). 

24 (B) NATIVE HAWAIIANS.—Of the funds set 

25 aside under subparagraph (A), the Secretary 
1523 

•HR 925 EAH 

1 shall use 0.3 percent to make grants to the De2 partment of Hawaiian Home Lands in accord3 ance with subsection (f) for the purposes de4 scribed in subsection (e)(1). 

5 (d) DISBURSEMENT OF FUNDS.— 

6 (1) ADMINISTRATION.—Except for amounts made 

7 available for assistance under subsection (f), State 

8 housing finance agencies shall be primarily respon9 sible for administering amounts disbursed from the 

10 Fund, but may delegate responsibilities and sub-allo11 cate amounts to community development financial in12 stitutions and State agencies that administer Low-In13 come Home Energy Assistance Program of the De14 partment of Health and Human Services. 

15 (2) NOTICE OF FUNDING.—The Secretary shall 

16 provide public notice of the amounts that will be 

17 made available to each State and the method used for 

18 determining such amounts not later than the expira19 tion of the 14-day period beginning on the date of the 

20 enactment of this Act of enactment. 

21 (3) SHFA PLANS.— 

22 (A) ELIGIBILITY.—To be eligible to receive 

23 funding allocated for a State under the section, 

24 a State housing finance agency for the State 

25 shall submit to the Secretary a plan for the im-
1524 

•HR 925 EAH 

1 plementation of State programs to administer, 

2 in part or in full, the amount of funding the 

3 state is eligible to receive, which shall provide for 

4 the commencement of receipt of applications by 

5 homeowners for assistance, and funding of such 

6 applications, not later than the expiration of the 

7 6-month period beginning upon the approval 

8 under this paragraph of such plan. 

9 (B) MULTIPLE PLANS.—. A State housing 

10 finance agency may submit multiple plans, each 

11 covering a separate portion of funding for which 

12 the State is eligible. 

13 (C) TIMING.—The Secretary shall approve 

14 or disapprove a plan within 30 days after the 

15 plan’s submission and, if disapproved, explain 

16 why the plan could not be approved. 

17 (D) DISBURSEMENT UPON APPROVAL.—The 

18 Secretary shall disburse to a State housing fi19 nance agency the appropriate amount of funding 

20 upon approval of the agency’s plan. 

21 (E) AMENDMENTS.—A State housing fi22 nance agency may subsequently amend a plan 

23 that has previously been approved, provided that 

24 any plan amendment shall be subject to the ap25 proval of the Secretary. The Secretary shall ap-
1525 

•HR 925 EAH 

1 prove any plan amendment or disapprove such 

2 amendment explain why the plan amendment 

3 could not be approved within 45 days after sub4 mission to the Secretary of such amendment. 

5 (F) TECHNICAL ASSISTANCE.—The Sec6 retary shall provide technical assistance for any 

7 State housing finance agency that twice fails to 

8 have a submitted plan approved. 

9 (4) PLAN TEMPLATES.—The Secretary shall, not 

10 later than 30 days after the date of the enactment of 

11 this Act, publish templates that States may utilize in 

12 drafting the plans required under paragraph (3)(A). 

13 The template plans shall include standard program 

14 terms and requirements, as well as any required legal 

15 language, which State housing finance agencies may 

16 modify with the consent of the Secretary. 

17 (e) PERMISSIBLE USES OF FUND.— 

18 (1) IN GENERAL.—Funds made available to 

19 State housing finance agencies pursuant to this sec20 tion may be used for the purposes established under 

21 subsection (b), which may include— 

22 (A) mortgage payment assistance, including 

23 financial assistance to allow a borrower to rein24 state their mortgage or to achieve a more afford25 able mortgage payment, which may include 
1526 

•HR 925 EAH 

1 principal reduction or rate reduction, provided 

2 that any mortgage payment assistance is tai3 lored to a borrower’s needs and their ability to 

4 repay, and takes into consideration the loss miti5 gation options available to the borrower; 

6 (B) assistance with payment of taxes, haz7 ard insurance, flood insurance, mortgage insur8 ance, or homeowners’ association fees; 

9 (C) utility payment assistance, including 

10 electric, gas, water, and internet service, includ11 ing broadband internet access service (as such 

12 term is defined in section 8.1(b) of title 47, Code 

13 of Federal Regulations (or any successor regula14 tion)); 

15 (D) reimbursement of funds expended by a 

16 State or local government during the period be17 ginning on January 21, 2020, and ending on the 

18 date that the first funds are disbursed by the 

19 State under the Fund, for the purpose of pro20 viding housing or utility assistance to individ21 uals or otherwise providing funds to prevent 

22 foreclosure or eviction of a homeowner or prevent 

23 mortgage delinquency or loss of housing or crit24 ical utilities as a response to the coronavirus dis25 ease 2019 (COVID–19) pandemic; and 
1527 

•HR 925 EAH 

1 (E) any other assistance for homeowners to 

2 prevent eviction, mortgage delinquency or de3 fault, foreclosure, or the loss of essential utility 

4 services. 

5 (2) TARGETING.— 

6 (A) REQUIREMENT.—Not less than 60 per7 cent of amounts made available for each State or 

8 other entity allocated amounts under subsection 

9 (c) shall be used for activities under paragraph 

10 (1) that assist homeowners having incomes equal 

11 to or less than 80 percent of the area median in12 come. 

13 (B) DETERMINATION OF INCOME.—In deter14 mining the income of a household for purposes of 

15 this paragraph, income shall be considered to in16 clude only income that the household is receiving 

17 at the time of application for assistance from the 

18 Fund and any income recently terminated shall 

19 not be included, except that for purposes of 

20 households receiving assistance for arrearages in21 come shall include only the income that the 

22 household was receiving at the time such arrear23 ages were incurred. 

24 (C) LANGUAGE ASSISTANCE.—Each State 

25 housing finance agency or other entity allocated 
1528 

•HR 925 EAH 

1 amounts under subsection (c) shall make avail2 able to each applicant for assistance from 

3 amounts from the Fund language assistance in 

4 any language for which such language assistance 

5 is available to the State housing finance agency 

6 or entity in and shall provide notice to each such 

7 applicant that such language assistance is avail8 able. 

9 (3) ADMINISTRATIVE EXPENSES.—Not more than 

10 15 percent of the amount allocated to a State pursu11 ant to subsection (c) may be used by a State housing 

12 financing agency for administrative expenses. Any 

13 amounts allocated to administrative expenses that are 

14 no longer necessary for administrative expenses may 

15 be used in accordance with paragraph (1). 

16 (f) TRIBAL AND NATIVE HAWAIIAN ASSISTANCE.— 

17 (1) DEFINITIONS.—In this subsection: 

18 (A) DEPARTMENT OF HAWAIIAN HOME

19 LANDS.—The term ‘‘Department of Hawaiian 

20 Home Lands’’ has the meaning given the term in 

21 section 801 of the Native American Housing As22 sistance and Self-Determination Act of 1996 (42 

23 U.S.C. 4221). 

24 (B) ELIGIBLE RECIPIENT.—The term ‘‘eligi25 ble recipient’’ means any entity eligible to re-
1529 

•HR 925 EAH 

1 ceive a grant under section 101 of the Native 

2 American Housing Assistance and Self-Deter3 mination Act of 1996 (25 U.S.C. 4111). 

4 (2) REQUIREMENTS.— 

5 (A) ALLOCATION.—Except for the funds set 

6 aside under subsection (c)(5)(B), the Secretary 

7 shall allocate the funds set aside under subsection 

8 (c)(5)(A) using the allocation formula described 

9 in subpart D of part 1000 of title 24, Code of 

10 Federal Regulations (or any successor regula11 tions). 

12 (B) NATIVE HAWAIIANS.—The Secretary 

13 shall use the funds made available under sub14 section (c)(5)(B) in accordance with part 1006 of 

15 title 24, Code of Federal Regulations (or suc16 cessor regulations). 

17 (3) TRANSFER.—The Secretary shall transfer 

18 any funds made available under subsection (c)(5) that 

19 have not been allocated by an eligible recipient or the 

20 Department of Hawaiian Home Lands, as applicable, 

21 to provide the assistance described in subsection (e)(1) 

22 by December 31, 2030, to the Secretary of Housing 

23 and Urban Development to carry out the Native 

24 American Housing Assistance and Self-Determination 

25 Act of 1996 (25 U.S.C. 4101 et seq.). 
1530 

•HR 925 EAH 

1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Homeowner Assistance 

3 Fund established under subsection (b), $21,000,000,000, to 

4 remain available until expended. 

5 (h) USE OF HOUSING FINANCE AGENCY INNOVATION

6 FUND FOR THE HARDEST HIT HOUSING MARKETS

7 FUNDS.—A State housing finance agency may reallocate 

8 any administrative or programmatic funds it has received 

9 as an allocation from the Housing Finance Agency Innova10 tion Fund for the Hardest Hit Housing Markets created 

11 pursuant to section 101(a) of the Emergency Economic Sta12 bilization Act of 2008 (12 U.S.C. 5211(a)) that have not 

13 been otherwise allocated or disbursed as of the date of enact14 ment of this Act to supplement any administrative or pro15 grammatic funds received from the Housing Assistance 

16 Fund. Such reallocated funds shall not be considered when 

17 allocating resources from the Housing Assistance Fund 

18 using the process established under subsection (c) and shall 

19 remain available for the uses permitted and under the terms 

20 and conditions established by the contract with Secretary 

21 created pursuant to subsection (d)(1) and the terms of sub22 section (i). 

23 (i) REPORTING REQUIREMENTS.—The Secretary shall 

24 provide public reports not less frequently than quarterly re25 garding the use of funds provided by the Homeowner Assist-
1531 

•HR 925 EAH 

1 ance Fund. Such reports shall include the following data 

2 by State and by program within each State, both for the 

3 past quarter and throughout the life of the program— 

4 (1) the amount of funds allocated; 

5 (2) the amount of funds disbursed; 

6 (3) the number of households and individuals as7 sisted; 

8 (4) the acceptance rate of applicants; 

9 (5) the type or types of assistance provided to 

10 each household; 

11 (6) whether the household assisted had a feder12 ally backed loan and identification of the Federal en13 tity backing such loan; 

14 (7) the average amount of funding provided per 

15 household receiving assistance and per type of assist16 ance provided; 

17 (8) the average number of monthly payments 

18 that were covered by the funding amount that a 

19 household received, as applicable, disaggregated by 

20 type of assistance provided; 

21 (9) the income level of each household receiving 

22 assistance; and 

23 (10) the outcome 12 months after the household 

24 has received assistance. 
1532 

•HR 925 EAH 

1 Each report under this subsection shall disaggregate the in2 formation provided under paragraphs (3) through (10) by 

3 State, zip code, racial and ethnic composition of the house4 hold, and whether or not the person from the household ap5 plying for assistance speaks English as a second language. 

6 SEC. 203. PROTECTING RENTERS AND HOMEOWNERS FROM 

7 EVICTIONS AND FORECLOSURES. 

8 (a) EVICTION MORATORIUM.—The CARES Act is 

9 amended by striking section 4024 (15 U.S.C. 9058; Public 

10 Law 116–136; 134 Stat. 492) and inserting the following 

11 new section: 

12 ‘‘SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FIL13 INGS. 

14 ‘‘(a) CONGRESSIONAL FINDINGS.—The Congress finds 

15 that— 

16 ‘‘(1) according to the 2018 American Commu17 nity Survey, 36 percent of households in the United 

18 States—more than 43 million households—are rent19 ers; 

20 ‘‘(2) in 2019 alone, renters in the United States 

21 paid $512 billion in rent; 

22 ‘‘(3) according to the Joint Center for Housing 

23 Studies of Harvard University, 20.8 million renters 

24 in the United States spent more than 30 percent of 

25 their incomes on housing in 2018 and 10.9 million 
1533 

•HR 925 EAH 

1 renters spent more than 50 percent of their incomes 

2 on housing in the same year; 

3 ‘‘(4) according to data from the Department of 

4 Labor, more than 30 million people have filed for un5 employment since the COVID–19 pandemic began; 

6 ‘‘(5) the impacts of the spread of COVID–19, 

7 which is now considered a global pandemic, are ex8 pected to negatively impact the incomes of potentially 

9 millions of renter households, making it difficult for 

10 them to pay their rent on time; and 

11 ‘‘(6) evictions in the current environment would 

12 increase homelessness and housing instability which 

13 would be counterproductive towards the public health 

14 goals of keeping individuals in their homes to the 

15 greatest extent possible. 

16 ‘‘(b) MORATORIUM.—During the period beginning on 

17 the date of the enactment of this Act and ending 12 months 

18 after such date of enactment, the lessor of a covered dwelling 

19 located in such State may not— 

20 ‘‘(1) make, or cause to be made, any filing with 

21 the court of jurisdiction to initiate a legal action to 

22 recover possession of the covered dwelling from the 

23 tenant for nonpayment of rent or other fees or 

24 charges; or 
1534 

•HR 925 EAH 

1 ‘‘(2) charge fees, penalties, or other charges to the 

2 tenant related to such nonpayment of rent. 

3 ‘‘(c) DEFINITIONS.—For purposes of this section, the 

4 following definitions shall apply: 

5 ‘‘(1) COVERED DWELLING.—The term ‘covered 

6 dwelling’ means a dwelling that is occupied by a ten7 ant— 

8 ‘‘(A) pursuant to a residential lease; or 

9 ‘‘(B) without a lease or with a lease ter10 minable at will under State law. 

11 ‘‘(2) DWELLING.—The term ‘dwelling’ has the 

12 meaning given such term in section 802 of the Fair 

13 Housing Act (42 U.S.C. 3602) and includes houses 

14 and dwellings described in section 803(b) of such Act 

15 (42 U.S.C. 3603(b)). 

16 ‘‘(d) NOTICE TO VACATE AFTER MORATORIUM EXPI17 RATION DATE.—After the expiration of the period described 

18 in subsection (b), the lessor of a covered dwelling may not 

19 require the tenant to vacate the covered dwelling by reason 

20 of nonpayment of rent or other fees or charges before the 

21 expiration of the 30-day period that begins upon the provi22 sion by the lessor to the tenant, after the expiration of the 

23 period described in subsection (b), of a notice to vacate the 

24 covered dwelling.’’. 

25 (b) MORTGAGE RELIEF.— 
1535 

•HR 925 EAH 

1 (1) FORBEARANCE AND FORECLOSURE MORATO2 RIUM FOR COVERED MORTGAGE LOANS.—Section 4022 

3 of the CARES Act (15 U.S.C. 9056) is amended— 

4 (A) by striking ‘‘Federally backed mortgage 

5 loan’’ each place that term appears and insert6 ing ‘‘covered mortgage loan’’; and 

7 (B) in subsection (a)— 

8 (i) by amending paragraph (2) to read 

9 as follows: 

10 ‘‘(2) COVERED MORTGAGE LOAN.—The term ‘cov11 ered mortgage loan’— 

12 ‘‘(A) means any credit transaction that is 

13 secured by a mortgage, deed of trust, or other 

14 equivalent consensual security interest on a 1- to 

15 4-unit dwelling or on residential real property 

16 that includes a 1- to 4-unit dwelling; and 

17 ‘‘(B) does not include a credit transaction 

18 under an open end credit plan other than a re19 verse mortgage.’’; and 

20 (ii) by adding at the end the following: 

21 ‘‘(3) COVERED PERIOD.—With respect to a loan, 

22 the term ‘covered period’ means the period beginning 

23 on the date of enactment of this Act and ending 12 

24 months after such date of enactment.’’. 
1536 

•HR 925 EAH 

1 (2) AUTOMATIC FORBEARANCE FOR DELINQUENT

2 BORROWERS.—Section 4022(c) of the CARES Act (15 

3 U.S.C. 9056(c)), as amended by paragraph (5) of this 

4 subsection, is further amended by adding at the end 

5 the following: 

6 ‘‘(9) AUTOMATIC FORBEARANCE FOR DELIN7 QUENT BORROWERS OF COVERED MORTGAGE LOANS

8 THAT ARE NOT FEDERALLY-INSURED REVERSE MORT9 GAGE LOANS.— 

10 ‘‘(A) IN GENERAL.—Notwithstanding any 

11 other law governing forbearance relief, with re12 spect to any covered mortgage loan that is not a 

13 federally-insured reverse mortgage loan— 

14 ‘‘(i) any borrower whose covered mort15 gage loan became 60 days delinquent be16 tween March 13, 2020, and the date of en17 actment of this paragraph, and who has not 

18 already received a forbearance under sub19 section (b), shall automatically be granted a 

20 60-day forbearance that begins on the date 

21 of enactment of this paragraph, provided 

22 that a borrower shall not be considered de23 linquent for purposes of this paragraph 

24 while making timely payments or otherwise 
1537 

•HR 925 EAH 

1 performing under a trial modification or 

2 other loss mitigation agreement; and 

3 ‘‘(ii) any borrower whose covered mort4 gage loan becomes 60 days delinquent be5 tween the date of enactment of this para6 graph and the end of the covered period, 

7 and who has not already received a forbear8 ance under subsection (b), shall automati9 cally be granted a 60-day forbearance that 

10 begins on the 60th day of delinquency, pro11 vided that a borrower shall not be consid12 ered delinquent for purposes of this para13 graph while making timely payments or 

14 otherwise performing under a trial modi15 fication or other loss mitigation agreement. 

16 ‘‘(B) INITIAL EXTENSION.—An automatic 

17 forbearance provided under subparagraph (A) 

18 shall be extended for up to an additional 120 

19 days upon the request of the borrower, oral or 

20 written, submitted to the servicer of the borrower 

21 affirming that the borrower is experiencing a fi22 nancial hardship that prevents the borrower 

23 from making timely payments on the covered 

24 mortgage loan due, directly or indirectly, to the 

25 COVID–19 emergency. 
1538 

•HR 925 EAH 

1 ‘‘(C) SUBSEQUENT EXTENSION.—A forbear2 ance extended under subparagraph (B) shall be 

3 further extended by the servicer, for the period or 

4 periods requested, for a total forbearance period 

5 of up to 12 months (including the period of auto6 matic forbearance), upon the borrower’s request, 

7 oral or written, submitted to the borrower’s 

8 servicer affirming that the borrower is experi9 encing a financial hardship that prevents the 

10 borrower from making timely payments on the 

11 covered mortgage loan due, directly or indirectly, 

12 to the COVID–19 emergency. 

13 ‘‘(D) RIGHT TO ELECT TO CONTINUE MAK14 ING PAYMENTS.— 

15 ‘‘(i) IN GENERAL.—With respect to a 

16 forbearance provided under this paragraph, 

17 the borrower of the covered mortgage loan 

18 may elect to continue making regular pay19 ments on the covered mortgage loan. 

20 ‘‘(ii) LOSS MITIGATION.—A borrower 

21 who makes an election described in clause 

22 (i) shall be offered a loss mitigation option 

23 pursuant to subsection (d) within 30 days 

24 of resuming regular payments to address 
1539 

•HR 925 EAH 

1 any payment deficiency during the forbear2 ance. 

3 ‘‘(E) RIGHT TO SHORTEN FORBEARANCE.— 

4 ‘‘(i) IN GENERAL.—At the request of a 

5 borrower, any period of forbearance pro6 vided to the borrower under this paragraph 

7 may be shortened. 

8 ‘‘(ii) LOSS MITIGATION.—A borrower 

9 who makes a request under clause (i) shall 

10 be offered a loss mitigation option pursuant 

11 to subsection (d) within 30 days of resum12 ing regular payments to address any pay13 ment deficiency during the forbearance. 

14 ‘‘(10) AUTOMATIC EXTENSION OF DUE AND PAY15 ABLE STATUS FOR CERTAIN REVERSE MORTGAGE

16 LOANS.— 

17 ‘‘(A) IN GENERAL.—When any covered 

18 mortgage loan that is also a federally-insured re19 verse mortgage loan, during the covered period, 

20 is due and payable due to the death of the last 

21 surviving borrower but the property to which the 

22 covered mortgage loan relates is not vacant or 

23 abandoned, or the covered mortgage loan is eligi24 ble to be called due and payable due to a prop25 erty charge default, or if the borrower defaults on 
1540 

•HR 925 EAH 

1 a property charge repayment plan, or if the bor2 rower defaults for failure to complete property 

3 repairs, or if an obligation of the borrower under 

4 the Security Instrument is not performed, the 

5 mortgagee automatically shall be granted a 180- 

6 day extension of— 

7 ‘‘(i) the mortgagee’s deadline to request 

8 due and payable status from the Depart9 ment of Housing and Urban Development, 

10 where applicable; 

11 ‘‘(ii) the mortgagee’s deadline to send 

12 notification to the mortgagor or his or her 

13 heirs that the loan is due and payable; 

14 ‘‘(iii) the deadline to initiate fore15 closure; 

16 ‘‘(iv) any reasonable diligence period 

17 related to foreclosure or the Mortgagee Op18 tional Election; 

19 ‘‘(v) any deadline relevant to estab20 lishing that a non-borrowing spouse may be 

21 eligible for a deferral period; 

22 ‘‘(vi) if applicable, the deadline to ob23 tain the due and payable appraisal; and 
1541 

•HR 925 EAH 

1 ‘‘(vii) any claim submission deadline, 

2 including the 6-month acquired property 

3 marketing period. 

4 ‘‘(B) LENGTH OF EXTENSION OF DUE AND

5 PAYABLE STATUS.—The mortgagee shall not re6 quest due and payable status from the Secretary 

7 of Housing and Urban Development nor initiate 

8 or continue a foreclosure action during this 180- 

9 day period described in subparagraph (A), which 

10 shall be considered a forbearance period. 

11 ‘‘(C) EXTENSION.—A forbearance provided 

12 under subparagraph (B) and related deadline ex13 tension authorized under subparagraph (A) shall 

14 be extended for the period or periods requested, 

15 for a total forbearance period of up to 12 months 

16 upon— 

17 ‘‘(i) the request of the borrower, oral or 

18 written, submitted to the servicer of the bor19 rower affirming that the borrower is experi20 encing a financial hardship that prevents 

21 the borrower from making payments on 

22 property charges, completing property re23 pairs, or performing an obligation of the 

24 borrower under the Security Instrument 
1542 

•HR 925 EAH 

1 due, directly or indirectly, to the COVID– 

2 19 emergency; 

3 ‘‘(ii) the request of a non-borrowing 

4 spouse, oral or written, submitted to the 

5 servicer affirming that the non-borrowing 

6 spouse has been unable to satisfy all criteria 

7 for the Mortgagee Optional Election pro8 gram due, directly or indirectly, to the 

9 COVID–19 emergency, or to perform all ac10 tions necessary to become an eligible non11 borrowing spouse following the death of all 

12 borrowers; or 

13 ‘‘(iii) the request of a successor-in-in14 terest of the borrower, oral or written, sub15 mitted to the servicer affirming the dif16 ficulty of the heir in satisfying the reverse 

17 mortgage loan due, directly or indirectly, to 

18 the COVID–19 emergency. 

19 ‘‘(D) CURTAILMENT OF DEBENTURE INTER20 EST.—Where any covered mortgage loan that is 

21 also a federally insured reverse mortgage loan is 

22 in default during the covered period and subject 

23 to a prior event which provides for curtailment 

24 of debenture interest in connection with a claim 

25 for insurance benefits, the curtailment of deben-
1543 

•HR 925 EAH 

1 ture interest shall be suspended during any for2 bearance period provided herein.’’. 

3 (3) ADDITIONAL FORECLOSURE AND REPOSSES4 SION PROTECTIONS.—Section 4022(c) of the CARES 

5 Act (15 U.S.C. 9056(c)) is amended— 

6 (A) in paragraph (2), by striking ‘‘may not 

7 initiate any judicial or non-judicial foreclosure 

8 process, move for a foreclosure judgment or order 

9 of sale, or execute a foreclosure-related eviction or 

10 foreclosure sale for not less than the 60-day pe11 riod beginning on March 18, 2020’’ and insert12 ing ‘‘may not initiate or proceed with any judi13 cial or non-judicial foreclosure process, schedule 

14 a foreclosure sale, move for a foreclosure judg15 ment or order of sale, execute a foreclosure re16 lated eviction or foreclosure sale for the 6-month 

17 period beginning on the date of enactment of the 

18 COVID–19 HERO Act’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(3) REPOSSESSION MORATORIUM.—In the case 

21 of personal property, including any recreational or 

22 motor vehicle, used as a dwelling, no person may use 

23 any judicial or non-judicial procedure to repossess or 

24 otherwise take possession of the property for the 6- 
1544 

•HR 925 EAH 

1 month period beginning on the date of enactment of 

2 this paragraph.’’. 

3 (4) MORTGAGE FORBEARANCE REFORMS.—Sec4 tion 4022 of the CARES Act (15 U.S.C. 9056) is 

5 amended— 

6 (A) in subsection (b), by striking para7 graphs (1), (2), and (3) and inserting the fol8 lowing: 

9 ‘‘(1) IN GENERAL.—During the covered period, a 

10 borrower with a covered mortgage loan who has not 

11 obtained automatic forbearance pursuant to this sec12 tion and who is experiencing a financial hardship 

13 that prevents the borrower from making timely pay14 ments on the covered mortgage loan due, directly or 

15 indirectly, to the COVID–19 emergency may request 

16 forbearance on the covered mortgage loan, regardless 

17 of delinquency status, by— 

18 ‘‘(A) submitting a request, orally or in 

19 writing, to the servicer of the covered mortgage 

20 loan; and 

21 ‘‘(B) affirming that the borrower is experi22 encing a financial hardship that prevents the 

23 borrower from making timely payments on the 

24 covered mortgage loan due, directly or indirectly, 

25 to the COVID–19 emergency. 
1545 

•HR 925 EAH 

1 ‘‘(2) DURATION OF FORBEARANCE.— 

2 ‘‘(A) IN GENERAL.—Upon a request by a 

3 borrower to a servicer for forbearance under 

4 paragraph (1), the forbearance shall be granted 

5 by the servicer for the period requested by the 

6 borrower, up to an initial length of 180 days, the 

7 length of which shall be extended by the servicer, 

8 at the request of the borrower for the period or 

9 periods requested, for a total forbearance period 

10 of not more than 12 months. 

11 ‘‘(B) MINIMUM FORBEARANCE AMOUNTS.— 

12 For purposes of granting a forbearance under 

13 this paragraph, a servicer may grant an initial 

14 forbearance with a term of not less than 90 days, 

15 provided that it is automatically extended for an 

16 additional 90 days unless the servicer confirms 

17 the borrower does not want to renew the forbear18 ance or that the borrower is no longer experi19 encing a financial hardship that prevents the 

20 borrower from making timely mortgage pay21 ments due, directly or indirectly, to the COVID– 

22 19 emergency. 

23 ‘‘(C) RIGHT TO SHORTEN FORBEARANCE.— 

24 ‘‘(i) IN GENERAL.—At the request of a 

25 borrower, any period of forbearance de-
1546 

•HR 925 EAH 

1 scribed under this paragraph may be short2 ened. 

3 ‘‘(ii) LOSS MITIGATION.—A borrower 

4 who makes a request under clause (i) shall 

5 be offered a loss mitigation option pursuant 

6 to subsection (d) within 30 days of resum7 ing regular payments to address any pay8 ment deficiency during the forbearance. 

9 ‘‘(3) ACCRUAL OF INTEREST OR FEES.—A 

10 servicer shall not charge a borrower any fees, pen11 alties, or interest (beyond the amounts scheduled or 

12 calculated as if the borrower made all contractual 

13 payments on time and in full under the terms of the 

14 mortgage contract) in connection with a forbearance, 

15 provided that a servicer may offer the borrower a 

16 modification option at the end of a forbearance period 

17 granted hereunder that includes the capitalization of 

18 past due principal and interest and escrow payments 

19 as long as the principal and interest payment of the 

20 borrower under such modification remains at or 

21 below the contractual principal and interest pay22 ments owed under the terms of the mortgage contract 

23 before such forbearance period except as the result of 

24 a change in the index of an adjustable rate mortgage, 

25 or, in the case of loans insured by the Federal Hous-
1547 

•HR 925 EAH 

1 ing Administration, except in a modification compli2 ant with applicable Federal Housing Administration 

3 policies. 

4 ‘‘(4) COMMUNICATION WITH SERVICERS.—Any 

5 communication between a borrower and a servicer de6 scribed in this section may be made in writing or 

7 orally, at the election of the borrower. 

8 ‘‘(5) COMMUNICATION WITH BORROWERS WITH A

9 DISABILITY.— 

10 ‘‘(A) IN GENERAL.—Upon request from a 

11 borrower, servicers shall communicate with bor12 rowers who have a disability in the preferred 

13 method of communication of the borrower. 

14 ‘‘(B) DEFINITION.—In this paragraph, the 

15 term ‘disability’ has the meaning given the term 

16 ‘handicap’ in section 802 of the Fair Housing 

17 Act (42 U.S.C. 3602).’’; and 

18 (B) in subsection (c), by amending para19 graph (1) to read as follows: 

20 ‘‘(1) NO DOCUMENTATION REQUIRED.—A 

21 servicer of a covered mortgage loan shall not require 

22 any documentation with respect to a forbearance 

23 under this section other than the oral or written affir24 mation of the borrower to a financial hardship that 

25 prevents the borrower from making timely payments 
1548 

•HR 925 EAH 

1 on the covered mortgage loan due, directly or indi2 rectly, to the COVID–19 emergency. An oral request 

3 for forbearance and oral affirmation of hardship by 

4 the borrower shall be sufficient for the borrower to ob5 tain or extend a forbearance.’’. 

6 (5) OTHER SERVICER REQUIREMENTS DURING

7 FORBEARANCE.—Section 4022(c) of the CARES Act 

8 (15 U.S.C. 9056(c)), as amended by paragraph (3) of 

9 this subsection, is amended by adding at the end the 

10 following: 

11 ‘‘(4) FORBEARANCE TERMS NOTICE.—Within 30 

12 days of a servicer of a covered mortgage loan pro13 viding forbearance to a borrower under subsection (b) 

14 or paragraph (9) or (10), or 10 days if the forbear15 ance is for a term of less than 60 days, but only 

16 where the forbearance was provided in response to a 

17 request by the borrower for forbearance or when an 

18 automatic forbearance was initially provided under 

19 paragraph (9) or (10), and not when an existing for20 bearance is automatically extended, the servicer shall 

21 provide the borrower with a notice in accordance with 

22 the terms in paragraph (5). 

23 ‘‘(5) CONTENTS OF NOTICE.—The written notice 

24 required under paragraph (4) shall state in plain 

25 language— 
1549 

•HR 925 EAH 

1 ‘‘(A) the specific terms of the forbearance; 

2 ‘‘(B) the beginning and ending dates of the 

3 forbearance; 

4 ‘‘(C) that the borrower is eligible for not 

5 more than 12 months of forbearance; 

6 ‘‘(D) that the borrower may request an ex7 tension of the forbearance unless the borrower 

8 will have reached the maximum period at the 

9 end of the forbearance; 

10 ‘‘(E) that the borrower may request that the 

11 initial or extended period be shortened at any 

12 time; 

13 ‘‘(F) that the borrower should contact the 

14 servicer before the end of the forbearance period; 

15 ‘‘(G) a description of the loss mitigation op16 tions that may be available to the borrower at 

17 the end of the forbearance period based on the 

18 specific covered mortgage loan of the borrower; 

19 ‘‘(H) information on how to find a housing 

20 counseling agency approved by the Department 

21 of Housing and Urban Development; 

22 ‘‘(I) in the case of a forbearance provided 

23 pursuant to paragraph (9) or (10), that the for24 bearance was automatically provided and how to 
1550 

•HR 925 EAH 

1 contact the servicer to make arrangements for 

2 further assistance, including any renewal; and 

3 ‘‘(J) where applicable, that the forbearance 

4 is subject to an automatic extension, including 

5 the terms of any such automatic extensions and 

6 when any further extension would require a bor7 rower request. 

8 ‘‘(6) TREATMENT OF ESCROW ACCOUNTS.—Dur9 ing any forbearance provided under this section, a 

10 servicer shall pay or advance funds to make disburse11 ments in a timely manner from any escrow account 

12 established on the covered mortgage loan. 

13 ‘‘(7) NOTIFICATION FOR BORROWERS.—During 

14 the period beginning on the date that is 90 days after 

15 the date of the enactment of this paragraph and end16 ing on the last day of the covered period, each servicer 

17 of a covered mortgage loan shall be required to— 

18 ‘‘(A) make available in a clear and con19 spicuous manner on their web page accurate in20 formation, in English and Spanish, for bor21 rowers regarding the availability of forbearance 

22 as provided under subsection (b); 

23 ‘‘(B) notify every borrower whose payments 

24 on a covered mortgage loan are or become 31 

25 days delinquent in any oral communication with 
1551 

•HR 925 EAH 

1 or to the borrower that the borrower may be eli2 gible to request forbearance as provided under 

3 subsection (b), except that such notice shall not 

4 be required if the borrower already has requested 

5 forbearance under subsection (b); and 

6 ‘‘(C) provide in writing, in both English 

7 and Spanish, to any borrower whose payments 

8 on the covered mortgage loan are or become 31 

9 days delinquent, a notification that— 

10 ‘‘(i) the borrower may be eligible for 

11 forbearance under this section; 

12 ‘‘(ii) the borrower can seek language 

13 assistance and general help through a hous14 ing counseling agency certified by the De15 partment of Housing and Urban Develop16 ment; 

17 ‘‘(iii) provides information on how to 

18 find a counseling agency described in clause 

19 (ii); and 

20 ‘‘(iv) shall be provided not later than 

21 the 45th day of the delinquency of the bor22 rower. 

23 ‘‘(8) CERTAIN TREATMENT UNDER RESPA.—Dur24 ing any period of time that a borrower is in forbear25 ance, has not yet received an offer under subsection 
1552 

•HR 925 EAH 

1 (d)(2) or a notice of the determination of the servicer 

2 under subsection (d)(3), as applicable, or whose first 

3 payment due under an offer under subsection (d)(2) 

4 is not yet past due— 

5 ‘‘(A) for purposes of section 1024.41 of title 

6 12, Code of Federal Regulations (or any suc7 cessor regulation), any delinquency on the mort8 gage loan shall be tolled; and 

9 ‘‘(B) the servicer shall not initiate or pro10 ceed with any judicial or non-judicial foreclosure 

11 process, schedule a foreclosure sale, move for a 

12 foreclosure judgment or order of sale, execute a 

13 foreclosure related eviction or foreclosure sale, in14 cluding charging, assessing, or incurring any 

15 foreclosure related fees, such as attorney fees, 

16 property inspection fees, or title fees.’’. 

17 (6) POST-FORBEARANCE LOSS MITIGATION.— 

18 (A) AMENDMENT TO THE CARES ACT.—Sec19 tion 4022 of the CARES Act (15 U.S.C. 9056) 

20 is amended by adding at the end the following: 

21 ‘‘(d) POST-FORBEARANCE LOSS MITIGATION.— 

22 ‘‘(1) NOTICE OF AVAILABILITY OF ADDITIONAL

23 FORBEARANCE.—With respect to any covered mort24 gage loan as to which forbearance under this section 

25 has been granted and not otherwise extended, includ-
1553 

•HR 925 EAH 

1 ing by automatic extension, a servicer shall, not later 

2 than 30 days before the end of the forbearance period, 

3 in writing, notify the borrower that additional for4 bearance may be available and how to request such 

5 forbearance, except that no such notice is required 

6 where the borrower already has requested an extension 

7 of the forbearance period, is subject to automatic ex8 tension pursuant to subsection (b)(2)(B), or no addi9 tional forbearance is available. 

10 ‘‘(2) LOSS MITIGATION OFFER BEFORE EXPIRA11 TION OF FORBEARANCE ON A COVERED MORTGAGE

12 LOAN OTHER THAN A FEDERALLY INSURED REVERSE

13 MORTGAGE LOAN.— 

14 ‘‘(A) IN GENERAL.—For any covered mort15 gage loan that is not a federally insured reverse 

16 mortgage loan, not later than 30 days before the 

17 end of any forbearance period that has not been 

18 extended or 30 days after a request by a bor19 rower to terminate the forbearance, which time 

20 shall be before the servicer initiates or engages in 

21 any foreclosure activity listed in subsection 

22 (c)(2), including incurring or charging to a bor23 rower any fees or corporate advances related to 

24 a foreclosure, the servicer shall, in writing— 
1554 

•HR 925 EAH 

1 ‘‘(i) offer the borrower a loss mitiga2 tion option, without the charging of any 

3 fees or penalties other than interest, such 

4 that the principal and interest payment of 

5 the borrower remains the same as it was 

6 prior to the forbearance, subject to any ad7 justment of the index pursuant to the terms 

8 of an adjustable rate mortgage, and that— 

9 ‘‘(I) defers the payment of total 

10 arrearages, including any escrow ad11 vances, to the end of the existing term 

12 of the loan, without the charging or 

13 collection of any additional interest on 

14 the deferred amounts; or 

15 ‘‘(II) extends the term of the mort16 gage loan, and capitalizes, defers, or 

17 forgives all escrow advances and other 

18 arrearages; 

19 ‘‘(ii) concurrent with the loss mitiga20 tion offer in clause (i), notify the borrower 

21 that the borrower has the right to be evalu22 ated for other loss mitigation options if the 

23 borrower is not able to make the payment 

24 under the option offered in clause (i). 
1555 

•HR 925 EAH 

1 ‘‘(B) EXCEPTION.—Notwithstanding sub2 paragraph (A)(i), a servicer may offer a bor3 rower of a covered mortgage loan described in 

4 subparagraph (A) a loss mitigation option that 

5 reduces the principal and interest payment on 

6 the covered mortgage loan and capitalizes, defers, 

7 or forgives all escrow advances or arrearages if 

8 the servicer has information indicating that the 

9 borrower cannot resume the pre-forbearance 

10 mortgage payments. 

11 ‘‘(3) EVALUATION FOR LOSS MITIGATION PRIOR

12 TO FORECLOSURE INITIATION FOR ANY COVERED

13 MORTGAGE LOAN THAT IS NOT A FEDERALLY INSURED

14 REVERSE MORTGAGE LOAN.—Before a servicer may 

15 initiate or engage in any foreclosure activity listed in 

16 subsection (c)(2) for any covered mortgage loan that 

17 is not a federally insured reverse mortgage loan, in18 cluding incurring or charging to a borrower any fees 

19 or corporate advances related to a foreclosure on the 

20 basis that the borrower has failed to perform under 

21 the loss mitigation offer in paragraph (2)(A) within 

22 the first 90 days after the option is offered, including 

23 a failure to accept the loss mitigation offer in para24 graph (2)(A), the servicer shall— 
1556 

•HR 925 EAH 

1 ‘‘(A) unless the borrower has already sub2 mitted a complete application that the servicer is 

3 reviewing— 

4 ‘‘(i) notify the borrower in writing of 

5 the documents and information, if any, 

6 needed by the servicer to enable the servicer 

7 to consider the borrower for all available 

8 loss mitigation options; and 

9 ‘‘(ii) exercise reasonable diligence to 

10 obtain the documents and information need11 ed to complete the loss mitigation applica12 tion of the borrower; and 

13 ‘‘(B) upon receipt of a complete application 

14 or if, despite the exercise by the servicer of rea15 sonable diligence, the loss mitigation application 

16 remains incomplete 60 days after the notice in 

17 paragraph (2)(A) is sent— 

18 ‘‘(i) conduct an evaluation of the com19 plete or incomplete loss mitigation applica20 tion without reference to whether the bor21 rower has previously submitted a complete 

22 loss mitigation application; and 

23 ‘‘(ii) offer the borrower all available 

24 loss mitigation options for which the bor25 rower qualifies under applicable investor 
1557 

•HR 925 EAH 

1 guidelines, including guidelines regarding 

2 required documentation. 

3 ‘‘(4) EFFECT ON FUTURE REQUESTS FOR LOSS

4 MITIGATION REVIEW FOR BORROWERS WITH COVERED

5 MORTGAGE LOANS THAT ARE NOT FEDERALLY IN6 SURED REVERSE MORTGAGE LOANS.—An application, 

7 offer, or evaluation for loss mitigation under this sec8 tion for a covered mortgage loan that is not a feder9 ally insured reverse mortgage loan shall not be the 

10 basis for the denial of an application of a borrower 

11 as duplicative or for a reduction in the appeal rights 

12 of the borrower under Regulation X in part 1024 of 

13 title 12, Code of Federal Regulations, in regard to 

14 any loss mitigation application submitted after the 

15 servicer has complied with the requirements of para16 graphs (2) and (3), 

17 ‘‘(5) SAFE HARBOR.—For any covered mortgage 

18 loan that is not a federally insured reverse mortgage 

19 loan, any loss mitigation option authorized by the 

20 Federal National Mortgage Association, the Federal 

21 Home Loan Corporation, or the Federal Housing Ad22 ministration shall be deemed to comply with the re23 quirements of paragraph (2)(A) if the loss mitigation 

24 option— 
1558 

•HR 925 EAH 

1 ‘‘(A) defers the payment of total arrearages, 

2 including any escrow advances, to the end of the 

3 existing term of the loan, without the charging or 

4 collection of any additional interest on the de5 ferred amounts; or 

6 ‘‘(B) extends the term of the mortgage loan, 

7 and capitalizes, defers, or forgives all escrow ad8 vances and other arrearages, without the charg9 ing of any fees or penalties beyond interest on 

10 any amount capitalized into the loan principal. 

11 ‘‘(6) HOME RETENTION OPTIONS FOR CERTAIN

12 REVERSE MORTGAGE LOANS.— 

13 ‘‘(A) IN GENERAL.—For a covered mortgage 

14 loan that is also a federally insured reverse 

15 mortgage loan, the conduct of a servicer shall be 

16 deemed to comply with this section, provided 

17 that if the loan is eligible to be called due and 

18 payable due to a property charge default, the 

19 mortgagee shall, as a precondition to sending a 

20 due and payable request to the Secretary or ini21 tiating or continuing a foreclosure process— 

22 ‘‘(i) make a good faith effort to com23 municate with the borrower regarding 

24 available home retention options to cure the 

25 property charge default, including encour-
1559 

•HR 925 EAH 

1 aging the borrower to apply for home reten2 tion options; and 

3 ‘‘(ii) consider the borrower for all 

4 available home retention options as allowed 

5 by the Secretary. 

6 ‘‘(B) PERMISSIBLE REPAYMENT PLANS.— 

7 The Secretary shall amend the allowable home 

8 retention options of the Secretary to permit a re9 payment plan of not more than 120 months in 

10 length, and to permit a repayment plan without 

11 regard to prior defaults on repayment plans. 

12 ‘‘(C) LIMITATION ON INTEREST CURTAIL13 MENT.—The Secretary may not curtail interest 

14 paid to mortgagees who engage in loss mitiga15 tion or home retention actions through interest 

16 curtailment during such loss mitigation or home 

17 retention review or during the period when a loss 

18 mitigation or home retention plan is in effect 

19 and ending 90 days after any such plan termi20 nates.’’. 

21 (B) AMENDMENT TO HOUSING ACT OF

22 1949.— 

23 (i) IN GENERAL.—Section 505 of the 

24 Housing Act of 1949 (42 U.S.C. 1475) is 

25 amended— 
1560 

•HR 925 EAH 

1 (I) by striking the section heading 

2 and inserting ‘‘LOSS MITIGATION 

3 AND FORECLOSURE PROCE4 DURES’’; 

5 (II) in subsection (a), by striking 

6 the section designation and all that fol7 lows through ‘‘During any’’ and insert8 ing the following: 

9 ‘‘(a) MORATORIUM.—(1) In determining the eligibility 

10 of a borrower for relief, the Secretary shall make all eligi11 bility decisions based on the household income, expenses, 

12 and circumstances of the borrower. 

13 ‘‘(2) During any’’; 

14 (III) by redesignating subsection 

15 (b) as subsection (c); and 

16 (IV) by inserting after subsection 

17 (a) the following new subsection: 

18 ‘‘(b) LOAN MODIFICATION.—(1) Notwithstanding any 

19 other provision of this title, for any loan made under section 

20 502 or 504, the Secretary may modify the interest rate and 

21 extend the term of such loan for up to 30 years from the 

22 date of such modification. 

23 ‘‘(2) At the end of any moratorium period grant24 ed under this section or under this Act, the Secretary 
1561 

•HR 925 EAH 

1 shall reset the principal and interest payments of the 

2 borrower— 

3 ‘‘(A) based on a reasonable assessment of the 

4 ability of the household of the borrower to make 

5 principal and interest payments; and 

6 ‘‘(B) in accordance with paragraphs (1) 

7 and (2) of subsection (a) and paragraphs (1) 

8 and (3) of this subsection. 

9 ‘‘(3) The amount of the principal and interest 

10 payment that is reset under paragraph (2) may not 

11 exceed the amount of the principal and interest pay12 ment of the borrower before the moratorium.’’. 

13 (ii) RULES.— 

14 (I) INTERIM FINAL RULE.—Not 

15 later than 60 days after the date of en16 actment of this Act, the Secretary of 

17 Agriculture shall promulgate an in18 terim final rule to carry out the 

19 amendments made by this subpara20 graph. 

21 (II) FINAL RULE.—Not later than 

22 180 days after the date of enactment of 

23 this Act, the Secretary of Agriculture 

24 shall promulgate a final rule to carry 
1562 

•HR 925 EAH 

1 out the amendments made by this sub2 paragraph. 

3 (7) MULTIFAMILY MORTGAGE FORBEARANCE.— 

4 Section 4023 of the CARES Act (15 U.S.C. 9057) is 

5 amended— 

6 (A) in the section heading, by striking 

7 ‘‘with federally backed loans’’; 

8 (B) by striking ‘‘Federally backed multi9 family mortgage loan’’ each place that term ap10 pears and inserting ‘‘multifamily mortgage 

11 loan’’; 

12 (C) in subsection (b), by striking ‘‘during’’ 

13 and inserting ‘‘due, directly or indirectly, to’’; 

14 (D) in subsection (c)(1)— 

15 (i) in subparagraph (A), by adding 

16 ‘‘and’’ at the end; and 

17 (ii) by striking subparagraphs (B) and 

18 (C) and inserting the following: 

19 ‘‘(B) provide the forbearance for up to the 

20 end of the period described in section 4024(b).’’; 

21 (E) by redesignating subsection (f) as sub22 section (g); 

23 (F) by inserting after subsection (e) the fol24 lowing: 
1563 

•HR 925 EAH 

1 ‘‘(f) TREATMENT AFTER FORBEARANCE.—With respect 

2 to a multifamily mortgage loan provided a forbearance 

3 under this section, the servicer of such loan— 

4 ‘‘(1) shall provide the borrower with not less 

5 than a 12-month period beginning at the end of the 

6 forbearance to become current on the payments under 

7 such loan; 

8 ‘‘(2) may not charge any late fees, penalties, or 

9 other charges with respect to payments on the loan 

10 that were due during the forbearance period, if the 

11 payments are made before the end of the repayment 

12 period under paragraph (1); and 

13 ‘‘(3) may not report any adverse information to 

14 a credit rating agency (as defined in section 603 of 

15 the Fair Credit Reporting Act (12 U.S.C. 1681a)) 

16 with respect to any payments on the loan that were 

17 due during the forbearance period, if the payments 

18 are made before the end of the repayment period 

19 under paragraph (1)).’’; and 

20 (G) in subsection (g), as so redesignated— 

21 (i) in paragraph (2)— 

22 (I) in the paragraph heading, by 

23 striking ‘‘FEDERALLY BACKED 

24 MULTIFAMILY’’ and inserting 

25 ‘‘MULTIFAMILY’’; 
1564 

•HR 925 EAH 

1 (II) by striking ‘‘that—’’ and all 

2 that follows through ‘‘(A) is secured 

3 by’’ and inserting ‘‘that is secured by’’; 

4 (III) by striking ‘‘; and’’ and in5 serting a period; and 

6 (IV) by striking subparagraph 

7 (B); and 

8 (ii) by amending paragraph (5) to 

9 read as follows: 

10 ‘‘(5) COVERED PERIOD.—The term ‘covered pe11 riod’ has the meaning given the term in section 

12 4022(a)(3).’’. 

13 (8) RENTER PROTECTIONS DURING FORBEAR14 ANCE PERIOD.—A borrower that receives a forbear15 ance pursuant to section 4022 or 4023 of the CARES 

16 Act (15 U.S.C. 9056, 9057) may not, for the duration 

17 of the forbearance— 

18 (A) evict or initiate the eviction of a tenant 

19 solely for nonpayment of rent or other fees or 

20 charges; or 

21 (B) charge any late fees, penalties, or other 

22 charges to a tenant for late payment of rent. 

23 (9) EXTENSION OF GSE PATCH.— 

24 (A) NON-APPLICABILITY OF EXISTING SUN25 SET.—Section 1026.43(e)(4)(iii)(B) of title 12, 
1565 

•HR 925 EAH 

1 Code of Federal Regulations, shall have no force 

2 or effect. 

3 (B) EXTENDED SUNSET.—The special rules 

4 in section 1026.43(e)(4) of title 12, Code of Fed5 eral Regulations, shall apply to covered trans6 actions consummated prior to June 1, 2022, or 

7 such later date as the Director of the Bureau of 

8 Consumer Financial Protection may determine, 

9 by rule. 

10 (10) SERVICER SAFE HARBOR FROM INVESTOR

11 LIABILITY.— 

12 (A) SAFE HARBOR.— 

13 (i) IN GENERAL.—A servicer of covered 

14 mortgage loans or multifamily mortgage 

15 loans— 

16 (I) shall be deemed not to have 

17 violated any duty or contractual obli18 gation owed to investors or other par19 ties regarding those mortgage loans on 

20 account of offering or implementing in 

21 good faith forbearance during the cov22 ered period or offering or imple23 menting in good faith post-forbearance 

24 loss mitigation (including after the ex25 piration of the covered period) in ac-
1566 

•HR 925 EAH 

1 cordance with the terms of sections 

2 4022 and 4023 of the CARES Act (15 

3 U.S.C. 9056, 9057) to borrowers, re4 spectively, on covered mortgage loans 

5 or multifamily mortgage loans that the 

6 servicer services; and 

7 (II) shall not be liable to any 

8 party who is owed such a duty or obli9 gation or subject to any injunction, 

10 stay, or other equitable relief to such 

11 party on account of such offer or im12 plementation of forbearance or post13 forbearance loss mitigation. 

14 (ii) OTHER PERSONS.—Any person, 

15 including a trustee of a securitization vehi16 cle or other party involved in a 

17 securitization or other investment vehicle, 

18 who in good faith cooperates with a servicer 

19 of covered mortgage loans or multifamily 

20 mortgage loans held by that securitization 

21 or investment vehicle to comply with the 

22 terms of section 4022 and 4023 of the 

23 CARES Act (15 U.S.C. 9056, 9057), respec24 tively, to borrowers on covered or multi25 family mortgage loans owned by the 
1567 

•HR 925 EAH 

1 securitization or other investment vehicle 

2 shall not be liable to any party who is owed 

3 such a duty or obligation or subject to any 

4 injunction, stay, or other equitable relief to 

5 such party on account of the cooperation of 

6 the servicer with an offer or implementation 

7 of forbearance during the covered period or 

8 post-forbearance loss mitigation, including 

9 after the expiration of the covered period. 

10 (B) STANDARD INDUSTRY PRACTICE.—Dur11 ing the covered period, notwithstanding any con12 tractual restrictions, it is deemed to be standard 

13 industry practice for a servicer to offer forbear14 ance (or in the case of a reverse mortgage, an ex15 tension of the due and payable period) or loss 

16 mitigation options in accordance with the terms 

17 of sections 4022 and 4023 of the CARES Act (15 

18 U.S.C. 9056, 9057) to borrowers, respectively, on 

19 all covered mortgage loans or multifamily mort20 gage loans serviced by the servicer. 

21 (C) RULE OF CONSTRUCTION.—Nothing in 

22 this paragraph may be construed as affecting the 

23 liability of a servicer or other person for actual 

24 fraud in the servicing of a mortgage loan or for 

25 the violation of a State or Federal law. 
1568 

•HR 925 EAH 

1 (D) DEFINITIONS.—In this paragraph: 

2 (i) COVERED MORTGAGE LOAN.—The 

3 term ‘‘covered mortgage loan’’ has the 

4 meaning given the term in section 4022(a) 

5 of the CARES Act (15 U.S.C. 9056(a)). 

6 (ii) COVERED PERIOD.—The term 

7 ‘‘covered period’’ has the meaning given the 

8 term in section 4023(g) of the CARES Act 

9 (15 U.S.C. 9057(g)). 

10 (iii) MULTIFAMILY MORTGAGE LOAN.— 

11 The term ‘‘multifamily mortgage loan’’ has 

12 the meaning given the term in section 

13 4023(g) of the CARES Act (15 U.S.C. 

14 9057(g)). 

15 (iv) SERVICER.—The term 

16 ‘‘servicer’’— 

17 (I) has the meaning given the 

18 term in section 6(i) of the Real Estate 

19 Settlement Procedures Act of 1974 (12 

20 U.S.C. 2605(i)); and 

21 (II) means a master servicer and 

22 a subservicer, as those terms are de23 fined in section 1024.31 of title 12, 

24 Code of Federal Regulations. 
1569 

•HR 925 EAH 

1 (v) SECURITIZATION VEHICLE.—The 

2 term ‘‘securitization vehicle’’ has the mean3 ing given that term in section 129A(f) of the 

4 Truth in Lending Act (15 U.S.C. 1639a(f)). 

5 (c) AMENDMENTS TO NATIONAL HOUSING ACT.—Sec6 tion 306(g)(1) of the National Housing Act (12 U.S.C. 

7 1721(g)(1)) is amended— 

8 (1) in the fifth sentence, by inserting after 

9 ‘‘issued’’ the following: ‘‘, subject to any pledge or 

10 grant of security interest of the Federal Reserve under 

11 section 4003(b)(4) of the CARES Act (15 U.S.C. 

12 9042(b)(4))) related to any such mortgage or mort13 gages or any interest therein and the proceeds thereon, 

14 which the Association may elect to approve’’; and 

15 (2) in the sixth sentence— 

16 (A) by striking ‘‘or (C)’’ and inserting 

17 ‘‘(C)’’; and 

18 (B) by inserting before the period the fol19 lowing: ‘‘, or (D) its approval and honoring of 

20 any pledge or grant of security interest of the 

21 Federal Reserve under section 4003(b)(4) of the 

22 CARES Act (15 U.S.C. 9042(b)(4)) related to 

23 any such mortgage or mortgages or any interest 

24 therein and proceeds thereon’’. 
1570 

•HR 925 EAH 

1 SEC. 204. PROMOTING ACCESS TO CREDIT FOR HOME2 BUYERS. 

3 (a) FANNIE MAE AND FREDDIE MAC.— 

4 (1) PURCHASE REQUIREMENTS.—During the pe5 riod that begins 5 days after the date of the enactment 

6 of this Act and ends 60 days after the expiration of 

7 the covered period with respect to the mortgage, not8 withstanding any other provision of law, an enter9 prise may not refuse to purchase any single-family 

10 mortgage originated on or after February 1, 2020, 

11 that otherwise would have been eligible for purchase 

12 by such enterprise, solely due to the fact that the bor13 rower has, for the borrower’s previous mortgage or on 

14 the mortgage being purchased— 

15 (A) entered into forbearance as a result of 

16 a financial hardship due, directly or indirectly, 

17 to the COVID–19 emergency; 

18 (B) requested forbearance as a result of a fi19 nancial hardship due, directly or indirectly, to 

20 the COVID–19 emergency; or 

21 (C) inquired as to options related to for22 bearance as a result of a financial hardship due, 

23 directly or indirectly, to the COVID–19 emer24 gency. 

25 (2) PROHIBITION ON RESTRICTIONS.—With re26 spect to purchase of single-family mortgages described 
1571 

•HR 925 EAH 

1 in paragraph (1) and specified in any of subpara2 graphs (A) through (C) of such paragraph, an enter3 prise may not— 

4 (A) establish additional restrictions that are 

5 not applicable to similarly situated mortgages 

6 under which the borrower is not in forbearance; 

7 (B) charge a higher guarantee fee (within 

8 the meaning provided such term in section 1327 

9 of the Housing and Community Development Act 

10 of 1992 (12 U.S.C. 4547)), or loan level pricing 

11 adjustment, or otherwise alter pricing for such 

12 mortgages, relative to similarly situated mort13 gages under which the borrower is not in forbear14 ance; 

15 (C) apply repurchase requirements to such 

16 mortgages that are more restrictive than repur17 chase requirements applicable to similarly situ18 ated mortgages under which the borrower is not 

19 in forbearance; or 

20 (D) require lender indemnification of such 

21 mortgages, solely due to the fact that the bor22 rower is in forbearance. 

23 (3) FRAUD DETECTION.—This subsection may 

24 not be construed to prevent an enterprise from con25 ducting oversight and review of single-family mort-
1572 

•HR 925 EAH 

1 gages purchased when a borrower is in forbearance on 

2 the borrower’s previous mortgage, or on the mortgage 

3 being purchased, for purposes of detecting fraud. An 

4 enterprise shall report any fraud detected to the Di5 rector of the Federal Housing Finance Agency. 

6 (4) ENTERPRISE CAPITAL.—During the period 

7 that begins 5 days after the date of the enactment of 

8 this Act and ends 60 days after the expiration of the 

9 covered period with respect to a mortgage, notwith10 standing any other provision of law, a forbearance on 

11 such mortgage shall not be considered to be a delin12 quency under such mortgage for purposes of calcu13 lating capital of an enterprise for any purpose under 

14 title XIII of the Housing and Community Develop15 ment Act of 1992 (12 U.S.C. 4501 et seq.). 

16 (5) RULES OF CONSTRUCTION.— 

17 (A) PURCHASE PARAMETERS.—This sub18 section may not be construed to require an enter19 prise to purchase single-family mortgages that do 

20 not meet existing or amended purchase param21 eters, other than parameters related to borrower 

22 forbearance, established by such enterprise. 

23 (B) EMPLOYMENT; INCOME.—This sub24 section may not be construed to prevent an en25 terprise from establishing additional require-
1573 

•HR 925 EAH 

1 ments to ensure that a borrower has not lost 

2 their job or income prior to a mortgage closing. 

3 (6) IMPLEMENTATION.—The Director may issue 

4 any guidance, orders, and regulations necessary to 

5 carry out this subsection. 

6 (b) FHA.— 

7 (1) PROHIBITION ON RESTRICTIONS.—During 

8 the period that begins 5 days after the date of the en9 actment of this Act and ends 60 days after the expira10 tion of the covered period with respect to the mort11 gage, notwithstanding any other provision of law, the 

12 Secretary of Housing and Urban Development may 

13 not deny the provision of mortgage insurance for a 

14 single-family mortgage originated on or after Feb15 ruary 1, 2020, may not implement additional pre16 miums or otherwise alter pricing for such a mortgage, 

17 may not require mortgagee indemnification, and may 

18 not establish additional restrictions on such a mort19 gagor, solely due to the fact that the borrower has— 

20 (A) entered into forbearance as a result of 

21 a financial hardship due, directly or indirectly, 

22 to the COVID–19 emergency; 

23 (B) requested forbearance as a result of a fi24 nancial hardship due, directly or indirectly, to 

25 the COVID–19 emergency; or 
1574 

•HR 925 EAH 

1 (C) inquired as to options related to for2 bearance as a result of a financial hardship due, 

3 directly or indirectly, to the COVID–19 emer4 gency. 

5 (2) RULES OF CONSTRUCTION.— 

6 (A) INSURANCE.—This subsection may not 

7 be construed to require the Secretary of Housing 

8 and Urban Development to provide insurance on 

9 single-family mortgages that do not meet existing 

10 or amended insurance parameters, other than 

11 parameters related to borrower forbearance, es12 tablished by the Secretary. 

13 (B) EMPLOYMENT; INCOME.—This sub14 section may not be construed to prevent the Sec15 retary of Housing and Urban Development from 

16 establishing additional requirements regarding 

17 insurance on single-family mortgages to ensure 

18 that a borrower has not lost their job or income 

19 prior to a mortgage closing. 

20 (c) REPORTING REQUIREMENTS.— 

21 (1) FHFA ACTIONS.—During the COVID–19 

22 emergency, the Director may not increase guarantee 

23 fees, loan level pricing adjustments, or any other fees 

24 or implement any restrictions on access to credit un25 less the Director provides 48-hour advance notice of 
1575 

•HR 925 EAH 

1 such increase or restrictions to the Committee on Fi2 nancial Services of the House of Representatives and 

3 the Committee on Banking, Housing, and Urban Af4 fairs of the Senate together with a detailed report of 

5 the policy rationale for the decision, including any 

6 and all data considered in making such decision. 

7 (2) QUARTERLY REPORTS BY ENTERPRISES AND

8 FHA.— 

9 (A) REQUIREMENT.—Each enterprise and 

10 the Secretary of Housing and Urban Develop11 ment, with respect to the FHA mortgage insur12 ance programs, shall provide reports to the Con13 gress, and make such reports publicly available, 

14 not less frequently than quarterly regarding the 

15 impact of COVID–19 pandemic on the such en16 terprises’ and program’s ability to meet their 

17 charter requirements, civil rights responsibilities, 

18 mandates under the CARES Act (Public Law 

19 116–136), and other laws enacted in response to 

20 the COVID–19 pandemic, and other require21 ments under law. The first such report shall be 

22 submitted not later than the expiration of the 3- 

23 month period beginning upon the date of the en24 actment of this Act and the requirement under 

25 this subparagraph to submit such reports shall 
1576 

•HR 925 EAH 

1 terminate upon the expiration of the 2-year pe2 riod beginning upon the termination of the 

3 COVID–19 emergency. 

4 (B) CONTENT.—Each report required under 

5 subparagraph (A) shall include the following in6 formation for the most recent quarter for which 

7 data is available: 

8 (i) ENTERPRISES.—For each report re9 quired by an enterprise: 

10 (I) The number of single-family 

11 and multi-family residential mortgage 

12 loans purchased by the enterprise and 

13 the unpaid principal balance of such 

14 mortgage loans purchased, 

15 disaggregated by— 

16 (aa) mortgage loans made to 

17 low- and moderate-income bor18 rowers; 

19 (bb) mortgage loans made for 

20 properties in low- and moderate21 income census tracts; and 

22 (cc) mortgage loans made for 

23 properties in central cities, rural 

24 areas, and underserved areas. 
1577 

•HR 925 EAH 

1 (II) In the single-family residen2 tial mortgage market— 

3 (aa) the total number, un4 paid principal balance, and 

5 length of forbearances provided to 

6 borrowers, including whether or 

7 not the forbearance was requested 

8 by the borrower; 

9 (bb) a detailed breakdown of 

10 the loan modifications offered to 

11 borrowers and whether the bor12 rowers accepted the offer including 

13 the total number and unpaid 

14 principal balance of loan modi15 fications ultimately made to bor16 rowers; 

17 (cc) a detailed breakdown of 

18 the home retention options offered 

19 to borrowers and whether the bor20 rowers accepted the offer, includ21 ing the total number and unpaid 

22 principal balance of other home 

23 retention options ultimately made 

24 to borrowers; and 
1578 

•HR 925 EAH 

1 (dd) the total number of out2 comes that included short-sales, 

3 deed-in-lieu of foreclosure, and 

4 foreclosure sales. 

5 (III) A description of any efforts 

6 by the enterprise to provide assistance 

7 and support to consumers who are not 

8 proficient in English. 

9 (IV) A description of any other ef10 forts by the enterprise to provide as11 sistance to low- and moderate-income 

12 communities, central cities, rural 

13 areas, and other underserved areas, 

14 such as financial literacy and edu15 cation or support of fair housing and 

16 housing counseling agencies. 

17 (V) A description of any other as18 sistance provided by the enterprise to 

19 consumers in response to the COVID– 

20 19 pandemic. 

21 (ii) FHA.—For each report required 

22 with respect to the FHA mortgage insurance 

23 programs: 

24 (I) The number and unpaid prin25 cipal balance for all residential mort-
1579 

•HR 925 EAH 

1 gage loans, disaggregated by type, in2 sured under such programs. 

3 (II) The total number, unpaid 

4 principal balance, and length of 

5 forbearances provided to borrowers, in6 cluding whether or not the forbearance 

7 was requested by the borrower. 

8 (III) A detailed breakdown of the 

9 loan modifications offered to borrowers 

10 and whether the borrowers accepted the 

11 offer including the total number and 

12 unpaid principal balance of loan 

13 modifications ultimately made to bor14 rowers. 

15 (IV) A detailed breakdown of the 

16 home retention options offered to bor17 rowers and whether the borrowers ac18 cepted the offer including the total 

19 number and unpaid principal balance 

20 of other home retention options ulti21 mately made to borrowers. 

22 (V) A description of any efforts 

23 under such programs to provide assist24 ance and support to consumers who 

25 are not proficient in English. 
1580 

•HR 925 EAH 

1 (VI) A description of any other ef2 forts under such programs to provide 

3 assistance to low- and moderate-income 

4 communities, central cities, rural 

5 areas, and other underserved areas, 

6 such as financial literacy and edu7 cation or support of fair housing and 

8 housing counseling agencies. 

9 (VII) A description of any other 

10 assistance provided under such pro11 grams to consumers in response to the 

12 COVID–19 pandemic. 

13 (iii) PROVISIONS TO BE INCLUDED IN

14 ALL REPORTS.—Each report required under 

15 subparagraph (A) shall include, to the de16 gree reasonably possible, the following infor17 mation: 

18 (I) An analysis of all loan level 

19 data required by clauses (i) and (ii) of 

20 this subparagraph disaggregated by 

21 race, national origin, gender, disability 

22 status, whether or not the borrower 

23 seeking or obtaining assistance speaks 

24 English as a second language, the pre25 ferred language of the borrower, debt- 
1581 

•HR 925 EAH 

1 to-income level of the borrower, loan-to2 value ratio of the loan, and credit score 

3 of the borrower. 

4 (II) A geographical analysis at 

5 the census tract level, but if informa6 tion is not available at the census tract 

7 level for any of the items required by 

8 clauses (i) and (ii), the geographical 

9 analysis shall be provided at the zip 

10 code level for the item for which a cen11 sus tract analysis was not possible. 

12 (III) A description of any policy 

13 changes made by the enterprise or Sec14 retary of Housing and Urban Develop15 ment, as appropriate, in response to 

16 the COVID–19 pandemic and analysis 

17 of actions taken to ensure that such 

18 policy changes were in compliance 

19 with all relevant civil rights respon20 sibilities, including the Fair Housing 

21 Act, including the Affirmatively Fur22 thering Fair Housing provision, the 

23 Equal Credit Opportunity Act, the 

24 Community Reinvestment Act of 1977, 

25 the Federal Housing Enterprises Fi-
1582 

•HR 925 EAH 

1 nancial Safety and Soundness Act of 

2 1992, the Housing and Economic Re3 covery Act of 2008, Federal Home 

4 Loan Bank Act, Executive Orders 

5 11063 and 12892, the Federal National 

6 Mortgage Association Charter Act, and 

7 the Federal Home Loan Mortgage Cor8 poration Act. 

9 (3) REPORT BY GAO.—Not later than the expira10 tion of the 120-day period that begins upon the termi11 nation of the COVID–19 emergency, the Comptroller 

12 General of the United States shall submit to the Con13 gress and make public available a report on— 

14 (A) the extent to which the enterprises and 

15 the FHA mortgage insurance programs provided 

16 loan products, forbearances, loan modifications, 

17 and COVID–19-related assistance to consumers; 

18 (B) the availability and type of any such 

19 assistance provided post-forbearance; and 

20 (C) the overall ability of the enterprises and 

21 the FHA mortgage insurance programs to suc22 cessfully meet their charter requirements, civil 

23 rights responsibilities, and other requirements 

24 under law. 
1583 

•HR 925 EAH 

1 (d) DEFINITIONS.—For purposes of this Act, the fol2 lowing definitions shall apply: 

3 (1) COVERED PERIOD.—The term ‘‘covered pe4 riod’’ means, with respect to a federally backed mort5 gage loan, the period of time during which the bor6 rower under such loan may request forbearance on the 

7 loan under section 4022(b) of the CARES Act (15 

8 U.S.C. 9056; Public Law 116–136; 134 Stat. 490). 

9 (2) COVID-19 EMERGENCY.—The term 

10 ‘‘COVID–19 emergency’’ has the meaning given such 

11 term in section 4022 of the CARES Act (15 U.S.C. 

12 9056; Public Law 116–136; 134 Stat. 490). 

13 (3) DIRECTOR.—The term ‘‘Director’’ means the 

14 Director of the Federal Housing Finance Agency. 

15 (4) ENTERPRISE.—The term ‘‘enterprise’’ has the 

16 meaning given such term in section 1303 of the Hous17 ing and Community Development Act of 1992 (12 

18 U.S.C. 4502). 

19 SEC. 205. LIQUIDITY FOR MORTGAGE SERVICERS AND RESI20 DENTIAL RENTAL PROPERTY OWNERS. 

21 (a) IN GENERAL.—Section 4003 of the CARES Act (15 

22 U.S.C. 9042), is amended by adding at the end the fol23 lowing: 

24 ‘‘(i) LIQUIDITY FOR MORTGAGE

25 SERVICERS.— 
1584 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

2 Secretary shall ensure that servicers of covered mort3 gage loans (as defined under section 4022) and multi4 family mortgage loans (as defined under section 

5 4023) are provided the opportunity to participate in 

6 the loans, loan guarantees, or other investments made 

7 by the Secretary under this section. The Secretary 

8 shall ensure that servicers are provided with access to 

9 such opportunities under equitable terms and condi10 tions regardless of their size. 

11 ‘‘(2) MORTGAGE SERVICER ELIGIBILITY.—In 

12 order to receive assistance under subsection (b)(4), a 

13 mortgage servicer shall— 

14 ‘‘(A) demonstrate that the mortgage servicer 

15 has established policies and procedures to use 

16 such funds only to replace funds used for bor17 rower assistance, including to advance funds as 

18 a result of forbearance or other loss mitigation 

19 provided to borrowers; 

20 ‘‘(B) demonstrate that the mortgage servicer 

21 has established policies and procedures to pro22 vide forbearance, post-forbearance loss mitiga23 tion, and other assistance to borrowers in com24 pliance with the terms of section 4022 or 4023, 

25 as applicable; 
1585 

•HR 925 EAH 

1 ‘‘(C) demonstrate that the mortgage servicer 

2 has established policies and procedures to ensure 

3 that forbearance and post-forbearance assistance 

4 is available to all borrowers in a non-discrimi5 natory fashion and in compliance with the Fair 

6 Housing Act, the Equal Credit Opportunity Act, 

7 and other applicable fair housing and fair lend8 ing laws; and 

9 ‘‘(D) comply with the limitations on com10 pensation set forth in section 4004. 

11 ‘‘(3) MORTGAGE SERVICER REQUIREMENTS.—A 

12 mortgage servicer receiving assistance under sub13 section (b)(4) may not, while the servicer is under 

14 any obligation to repay funds provided or guaranteed 

15 under this section— 

16 ‘‘(A) pay dividends with respect to the com17 mon stock of the mortgage servicer or purchase 

18 an equity security of the mortgage servicer or 

19 any parent company of the mortgage servicer if 

20 the security is listed on a national securities ex21 change, except to the extent required under a 

22 contractual obligation that is in effect on the 

23 date of enactment of this subsection; or 

24 ‘‘(B) prepay any debt obligation.’’. 
1586 

•HR 925 EAH 

1 (b) CREDIT FACILITY FOR RESIDENTIAL RENTAL

2 PROPERTY OWNERS.— 

3 (1) IN GENERAL.—The Board of Governors of the 

4 Federal Reserve System shall— 

5 (A) establish a facility, using amounts 

6 made available under section 4003(b)(4) of the 

7 CARES Act (15 U.S.C. 9042(b)(4)), to make 

8 long-term, low-cost loans to residential rental 

9 property owners as to temporarily compensate 

10 such owners for documented financial losses 

11 caused by reductions in rent payments; and 

12 (B) defer such owners’ required payments 

13 on such loans until after six months after the 

14 date of enactment of this Act. 

15 (2) REQUIREMENTS.—A borrower that receives a 

16 loan under this subsection may not, for the duration 

17 of the loan— 

18 (A) evict or initiate the eviction of a tenant 

19 solely for nonpayment of rent or other fees or 

20 charges; 

21 (B) charge any late fees, penalties, or other 

22 charges to a tenant for late payment of rent; and 

23 (C) with respect to a person or entity de24 scribed under paragraph (4), discriminate on the 

25 basis of source of income. 
1587 

•HR 925 EAH 

1 (3) REPORT ON RESIDENTIAL RENTAL PROPERTY

2 OWNERS.—The Board of Governors shall issue reports 

3 to the Congress on a monthly basis containing the fol4 lowing, with respect to each property owner receiving 

5 a loan under this subsection: 

6 (A) The number of borrowers that received 

7 assistance under this subsection. 

8 (B) The average total loan amount that 

9 each borrower received. 

10 (C) The total number of rental units that 

11 each borrower owned. 

12 (D) The average rent charged by each bor13 rower. 

14 (4) REPORT ON LARGE RESIDENTIAL RENTAL

15 PROPERTY OWNERS.—The Board of Governors shall 

16 issue reports to the Congress on a monthly basis that 

17 identify any person or entity that in aggregate owns 

18 or holds a controlling interest in any entity that, in 

19 aggregate, owns— 

20 (A) more than 100 rental units that are lo21 cated within in a single Metropolitan Statistical 

22 Area; 

23 (B) more than 1,000 rental units nation24 wide; or 

25 (C) rental units in three or more States. 
1588 

•HR 925 EAH 

1 (c) AMENDMENTS TO NATIONAL HOUSING ACT.—Sec2 tion 306(g)(1) of the National Housing Act (12 U.S.C. 

3 1721(a)) is amended— 

4 (1) in the fifth sentence, by inserting after 

5 ‘‘issued’’ the following: ‘‘, subject to any pledge or 

6 grant of security interest of the Federal Reserve under 

7 section 4003(a) of the CARES Act (Public Law 116– 

8 136; 134 Stat. 470; 15 U.S.C. 9042(a)) and to any 

9 such mortgage or mortgages or any interest therein 

10 and the proceeds thereon, which the Association may 

11 elect to approve’’; and 

12 (2) in the sixth sentence— 

13 (A) by striking ‘‘or (C)’’ and inserting 

14 ‘‘(C)’’; and 

15 (B) by inserting before the period the fol16 lowing: ‘‘, or (D) its approval and honoring of 

17 any pledge or grant of security interest of the 

18 Federal Reserve under section 4003(a) of the 

19 CARES Act and to any such mortgage or mort20 gages or any interest therein and proceeds there21 on as’’. 
1589 

•HR 925 EAH 

1 SEC. 206. SUPPLEMENTAL FUNDING FOR SUPPORTIVE 

2 HOUSING FOR THE ELDERLY AND PERSONS 

3 WITH DISABILITIES. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated $500,000,000 for fiscal year 

6 2021 for additional assistance for supportive housing for 

7 the elderly, of which— 

8 (1) $200,000,000 shall be for rental assistance 

9 under section 202 of the Housing Act of 1959 (12 

10 U.S.C. 1701q) or section 8 of the United States Hous11 ing Act of 1937 (42 U.S.C. 1437f), as appropriate, 

12 and for hiring additional staff and for services and 

13 costs, including acquiring personal protective equip14 ment, to prevent, prepare for, or respond to the public 

15 health emergency relating to Coronavirus Disease 

16 2019 (COVID–19) pandemic; and 

17 (2) $300,000,000 shall be for grants under sec18 tion 676 of the Housing and Community Develop19 ment Act of 1992 (42 U.S.C. 13632) for costs of pro20 viding service coordinators for purposes of coordi21 nating services to prevent, prepare for, or respond to 

22 the public health emergency relating to Coronavirus 

23 Disease 2019 (COVID–19). 

24 Any provisions of, and waivers and alternative require25 ments issued by the Secretary pursuant to, the heading ‘‘De26 partment of Housing and Urban Development—Housing 
1590 

•HR 925 EAH 

1 Programs—Housing for the Elderly’’ in title XII of divi2 sion B of the CARES Act (Public Law 116–136) shall 

3 apply with respect to amounts made available pursuant to 

4 this subsection. 

5 (b) ELIGIBILITY OF SUPPORTIVE HOUSING FOR PER6 SONS WITH DISABILITIES.—Subsection (a) of section 676 

7 of the Housing and Community Development Act of 1992 

8 (42 U.S.C. 13632(a)) shall be applied, for purposes of sub9 section (a) of this section, by substituting ‘‘(G), and (H)’’ 

10 for ‘‘ and (G)’’. 

11 (c) SERVICE COORDINATORS.— 

12 (1) HIRING.—In the hiring of staff using 

13 amounts made available pursuant to this section for 

14 costs of providing service coordinators, grantees shall 

15 consider and hire, at all levels of employment and to 

16 the greatest extent possible, a diverse staff, including 

17 by race, ethnicity, gender, and disability status. Each 

18 grantee shall submit a report to the Secretary of 

19 Housing and Urban Development describing compli20 ance with the preceding sentence not later than the 

21 expiration of the 120-day period that begins upon the 

22 termination of the emergency declared on March 13, 

23 2020, by the President under the Robert T. Stafford 

24 Disaster Relief and Emergency Assistance Act (42 
1591 

•HR 925 EAH 

1 U.S.C. 4121 et seq.) relating to the Coronavirus Dis2 ease 2019 (COVID–19) pandemic. 

3 (2) ONE-TIME GRANTS.—Grants made using 

4 amounts made available pursuant to subsection (a) 

5 for costs of providing service coordinators shall not be 

6 renewable. 

7 (3) ONE-YEAR AVAILABILITY.—Any amounts 

8 made available pursuant to this section for costs of 

9 providing service coordinators that are allocated for a 

10 grantee and remain unexpended upon the expiration 

11 of the 12-month period beginning upon such alloca12 tion shall be recaptured by the Secretary. 

13 SEC. 207. FAIR HOUSING. 

14 (a) DEFINITION OF COVID–19 EMERGENCY PERIOD.— 

15 For purposes of this Act, the term ‘‘COVID–19 emergency 

16 period’’ means the period that begins upon the date of the 

17 enactment of this Act and ends upon the date of the termi18 nation by the Federal Emergency Management Agency of 

19 the emergency declared on March 13, 2020, by the President 

20 under the Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 4121 et seq.) relating to 

22 the Coronavirus Disease 2019 (COVID–19) pandemic. 

23 (b) FAIR HOUSING ACTIVITIES.— 

24 (1) AUTHORIZATION OF APPROPRIATIONS.—To 

25 ensure existing grantees have sufficient resource for 
1592 

•HR 925 EAH 

1 fair housing activities and for technology and equip2 ment needs to deliver services through use of the Inter3 net or other electronic or virtual means in response 

4 to the public health emergency related to the 

5 Coronavirus Disease 2019 (COVID–19) pandemic, 

6 there is authorized to be appropriated $4,000,000 for 

7 Fair Housing Organization Initiative grants through 

8 the Fair Housing Initiatives Program under section 

9 561 of the Housing and Community Development Act 

10 of 1987 (42 U.S.C. 3616a). 

11 (2) 3-YEAR AVAILABILITY.—Any amounts made 

12 available pursuant paragraph (1) that are allocated 

13 for a grantee and remain unexpended upon the expi14 ration of the 3-year period beginning upon such allo15 cation shall be recaptured by the Secretary. 

16 (c) FAIR HOUSING EDUCATION.—There is authorized 

17 to be appropriated $10,000,000 for the Office of Fair Hous18 ing and Equal Opportunity of the Department of Housing 

19 and Urban Development to carry out a national media 

20 campaign and local education and outreach to educate the 

21 public of increased housing rights during COVID–19 emer22 gency period, that provides that information and materials 

23 used in such campaign are available— 

24 (1) in the languages used by communities with 

25 limited English proficiency; and 
1593 

•HR 925 EAH 

1 (2) to persons with disabilities. 

2 TITLE III—PROTECTING PEOPLE 

3 EXPERIENCING HOMELESSNESS 

4 SEC. 301. HOMELESS ASSISTANCE FUNDING. 

5 (a) EMERGENCY HOMELESS ASSISTANCE.— 

6 (1) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated under the 

8 Emergency Solutions Grants program under subtitle 

9 B of title IV of the McKinney-Vento Homeless Assist10 ance Act (42 U.S.C. 11371 et seq.) $5,000,000,000 for 

11 grants under such subtitle in accordance with this 

12 subsection to respond to needs arising from the public 

13 health emergency relating to Coronavirus Disease 

14 2019 (COVID–19). 

15 (2) FORMULA.—Notwithstanding sections 413 

16 and 414 of the McKinney-Vento Homeless Assistance 

17 Act (42 U.S.C. 11372, 11373), the Secretary of Hous18 ing and Urban Development (in this Act referred to 

19 as the ‘‘Secretary’’) shall allocate any amounts re20 maining after amounts are allocated pursuant to 

21 paragraph (1) in accordance with a formula to be es22 tablished by the Secretary that takes into consider23 ation the following factors: 

24 (A) Risk of transmission of coronavirus in 

25 a jurisdiction. 
1594 

•HR 925 EAH 

1 (B) Whether a jurisdiction has a high num2 ber or rate of sheltered and unsheltered homeless 

3 individuals and families. 

4 (C) Economic and housing market condi5 tions in a jurisdiction. 

6 (3) ELIGIBLE ACTIVITIES.—In addition to eligi7 ble activities under section 415(a) of the McKinney8 Vento Homeless Assistance Act (42 U.S.C. 11374(a), 

9 amounts made available pursuant to paragraph (1) 

10 may also be used for costs of the following activities: 

11 (A) Providing training on infectious disease 

12 prevention and mitigation. 

13 (B) Providing hazard pay, including for 

14 time worked before the effectiveness of this sub15 paragraph, for staff working directly to prevent 

16 and mitigate the spread of coronavirus or 

17 COVID–19 among people experiencing or at risk 

18 of homelessness. 

19 (C) Reimbursement of costs for eligible ac20 tivities (including activities described in this 

21 paragraph) relating to preventing, preparing for, 

22 or responding to the coronavirus or COVID–19 

23 that were accrued before the date of the enact24 ment of this Act. 
1595 

•HR 925 EAH 

1 (D) Notwithstanding 24 C.F.R. 

2 576.102(a)(3), providing a hotel or motel voucher 

3 for a homeless individual or family. 

4 Use of such amounts for activities described in this 

5 paragraph shall not be considered use for administra6 tive purposes for purposes of section 418 of the 

7 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

8 11377). 

9 (4) INAPPLICABILITY OF PROCUREMENT STAND10 ARDS.—To the extent amounts made available pursu11 ant to paragraph (1) are used to procure goods and 

12 services relating to activities to prevent, prepare for, 

13 or respond to the coronavirus or COVID–19, the 

14 standards and requirements regarding procurement 

15 that are otherwise applicable shall not apply. 

16 (5) INAPPLICABILITY OF HABITABILITY AND EN17 VIRONMENTAL REVIEW STANDARDS.—Any Federal 

18 standards and requirements regarding habitability 

19 and environmental review shall not apply with re20 spect to any emergency shelter that is assisted with 

21 amounts made available pursuant to paragraph (1) 

22 and has been determined by a State or local health 

23 official, in accordance with such requirements as the 

24 Secretary shall establish, to be necessary to prevent 
1596 

•HR 925 EAH 

1 and mitigate the spread of coronavirus or COVID–19, 

2 such shelters. 

3 (6) INAPPLICABILITY OF CAP ON EMERGENCY

4 SHELTER ACTIVITIES.—Subsection (b) of section 415 

5 of the McKinney-Vento Homeless Assistance Act (42 

6 U.S.C. 11374) shall not apply to any amounts made 

7 available pursuant to paragraph (1) of this sub8 section. 

9 (7) INITIAL ALLOCATION OF ASSISTANCE.—Sec10 tion 417(b) of the McKinney-Vento Homeless Assist11 ance Act (42 U.S.C. 11376(b)) shall be applied with 

12 respect to amounts made available pursuant to para13 graph (1) of this subsection by substituting ‘‘30-day’’ 

14 for ‘‘60-day’’. 

15 (8) WAIVERS AND ALTERNATIVE REQUIRE16 MENTS.— 

17 (A) AUTHORITY.—In administering 

18 amounts made available pursuant to paragraph 

19 (1), the Secretary may waive, or specify alter20 native requirements for, any provision of any 

21 statute or regulation (except for any require22 ments related to fair housing, nondiscrimination, 

23 labor standards, and the environment) that the 

24 Secretary administers in connection with the ob25 ligation or use by the recipient of such amounts, 
1597 

•HR 925 EAH 

1 if the Secretary finds that good cause exists for 

2 the waiver or alternative requirement and such 

3 waiver or alternative requirement is consistent 

4 with the purposes described in this subsection. 

5 (B) NOTIFICATION.—The Secretary shall 

6 notify the public through the Federal Register or 

7 other appropriate means 5 days before the effec8 tive date of any such waiver or alternative re9 quirement, and any such public notice may be 

10 provided on the Internet at the appropriate Gov11 ernment web site or through other electronic 

12 media, as determined by the Secretary. 

13 (C) EXEMPTION.—The use of amounts made 

14 available pursuant to paragraph (1) shall not be 

15 subject to the consultation, citizen participation, 

16 or match requirements that otherwise apply to 

17 the Emergency Solutions Grants program, except 

18 that a recipient shall publish how it has and will 

19 utilize its allocation at a minimum on the Inter20 net at the appropriate Government web site or 

21 through other electronic media. 

22 (9) INAPPLICABILITY OF MATCHING REQUIRE23 MENT.—Subsection (a) of section 416 of the McKin24 ney-Vento Homeless Assistance Act (42 U.S.C. 

25 11375(a)) shall not apply to any amounts made 
1598 

•HR 925 EAH 

1 available pursuant to paragraph (1) of this sub2 section. 

3 (10) PROHIBITION ON PREREQUISITES.—None of 

4 the funds authorized under this subsection may be 

5 used to require people experiencing homelessness to re6 ceive treatment or perform any other prerequisite ac7 tivities as a condition for receiving shelter, housing, 

8 or other services. 

9 (b) RENEWAL OF CONTINUUM OF CARE PROJECTS.— 

10 (1) IN GENERAL.—In allocating and awarding 

11 amounts provided for the Continuum of Care pro12 gram under subtitle C of title IV of the McKinney13 Vento Homeless Assistance Act (42 U.S.C. 11381 et 

14 seq.), the Secretary of Housing and Urban Develop15 ment shall renew for one 12-month period, without 

16 additional competition, all projects with existing 

17 grants expiring during calendar year 2021, including 

18 shelter plus care projects expiring during calendar 

19 year 2021, notwithstanding any inconsistent provi20 sions in subtitle C of title IV of the McKinney-Vento 

21 Homeless Assistance Act or any other Act. 

22 (2) PLANNING AND UNIFIED FUNDING AGENCY

23 AWARDS.—Continuum of Care planning and unified 

24 funding agency awards expiring in calendar year 

25 2021 may also be renewed and the continuum of care 
1599 

•HR 925 EAH 

1 may designate a new collaborative applicant to re2 ceive the award in accordance with the existing proc3 ess established by the Secretary of Housing and 

4 Urban Development. 

5 (3) NOTICE.—The Secretary of Housing and 

6 Urban Development shall publish a notice that identi7 fies and lists all projects and awards eligible for such 

8 noncompetitive renewal, prescribes the format and 

9 process by which the projects and awards from the list 

10 will be renewed, makes adjustments to the renewal 

11 amount based on changes to the fair market rent, and 

12 establishes a maximum amount for the renewal of 

13 planning and unified funding agency awards not14 withstanding the requirement that such maximum 

15 amount be established in a notice of funding avail16 ability. 

17 (4) YOUTH HOMELESS DEMONSTRATION

18 PROJECTS AND DOMESTIC VIOLENCE BONUS

19 PROJECTS.— Subsection (a) shall not apply to youth 

20 homeless demonstration projects and domestic violence 

21 bonus projects under the Continuum of Care program. 

22 (c) HOUSING TRUST FUND.—Notwithstanding any 

23 other provision of law, subparagraph (B) of section 

24 1338(c)(10) of the Housing and Community Development 

25 Act of 1992 (12 U.S.C. 4568(c)(10)(B)), and any regula-
1600 

•HR 925 EAH 

1 tions implementing such subparagraph, shall not apply 

2 during the 12-month period beginning upon the date of the 

3 enactment of this Act. 

4 TITLE IV—SUSPENDING NEGA5 TIVE CREDIT REPORTING AND 

6 STRENGTHENING CONSUMER 

7 AND INVESTOR PROTECTIONS 

8 SEC. 401. REPORTING OF INFORMATION DURING MAJOR 

9 DISASTERS. 

10 (a) IN GENERAL.—The CARES Act (Public Law 116– 

11 136) is amended by striking section 4021 and inserting the 

12 following: 

13 ‘‘SEC. 4021. REPORTING OF INFORMATION DURING MAJOR 

14 DISASTERS. 

15 ‘‘(a) PURPOSE.—The purpose of this section, and the 

16 amendments made by this section, is to protect consumers’ 

17 credit from negative impacts as a result of financial hard18 ship due to the coronavirus disease (COVID–19) outbreak 

19 and future major disasters. 

20 ‘‘(b) REPORTING OF INFORMATION DURING MAJOR

21 DISASTERS.— 

22 ‘‘(1) IN GENERAL.—The Fair Credit Reporting 

23 Act is amended by inserting after section 605B the 

24 following: 
1601 

•HR 925 EAH 

1 ‘‘ ‘§ 605C. Reporting of information during major dis2 asters 

3 ‘‘ ‘(a) DEFINITIONS.—In this section: 

4 ‘‘ ‘(1) CONSUMER.—With respect to a covered pe5 riod, the term ‘‘consumer’’ shall only include a con6 sumer who is a resident of the affected area covered 

7 by the applicable disaster or emergency declaration. 

8 ‘‘ ‘(2) COVERED MAJOR DISASTER PERIOD.—The 

9 term ‘‘covered major disaster period’’ means the pe10 riod— 

11 ‘‘ ‘(A) beginning on the date on which a 

12 major disaster is declared by the President 

13 under— 

14 ‘‘ ‘(i) section 401 of the Robert T. Staf15 ford Disaster Relief and Emergency Assist16 ance Act (42 U.S.C. 5170), under which as17 sistance is authorized under section 408 of 

18 such Act (42 U.S.C. 5174); or 

19 ‘‘ ‘(ii) section 501 of such Act; and 

20 ‘‘ ‘(B) ending on the date that is 120 days 

21 after the end of the incident period for such dis22 aster. 

23 ‘‘ ‘(3) COVERED PERIOD.—The term ‘‘covered pe24 riod’’ means the COVID–19 emergency period or a 

25 covered major disaster period. 
1602 

•HR 925 EAH 

1 ‘‘ ‘(4) COVID–19 EMERGENCY PERIOD.—The 

2 term ‘‘COVID–19 emergency period’’ means the pe3 riod beginning on March 13, 2020 (the date the Presi4 dent declared the emergency under section 501 of the 

5 Robert T. Stafford Disaster Relief and Emergency As6 sistance Act (42 U.S.C. 4121 et seq.) relating to the 

7 Coronavirus Disease 2019 (COVID–19) pandemic) 

8 and ending on the later of— 

9 ‘‘ ‘(A) 120 days after the date of enactment 

10 of this section; or 

11 ‘‘ ‘(B) 120 days after the end of the incident 

12 period for such emergency. 

13 ‘‘ ‘(5) MAJOR DISASTER.—The term ‘‘major dis14 aster’’ means a major disaster declared by the Presi15 dent under— 

16 ‘‘ ‘(A) section 401 of the Robert T. Stafford 

17 Disaster Relief and Emergency Assistance Act 

18 (42 U.S.C. 5170), under which assistance is au19 thorized under section 408 of such Act (42 

20 U.S.C. 5174); or 

21 ‘‘ ‘(B) section 501 of such Act. 

22 ‘‘ ‘(b) MORATORIUM ON FURNISHING ADVERSE INFOR23 MATION DURING COVERED PERIOD.—No person may fur24 nish any adverse item of information (except information 

25 related to a felony criminal conviction) relating to a con-
1603 

•HR 925 EAH 

1 sumer that was the result of any action or inaction that 

2 occurred during a covered period. 

3 ‘‘ ‘(c) INFORMATION EXCLUDED FROM CONSUMER RE4 PORTS.—In addition to the information described in section 

5 605(a), no consumer reporting agency may make any con6 sumer report containing an adverse item of information 

7 (except information related to a felony criminal conviction) 

8 relating to a consumer that was the result of any action 

9 or inaction that occurred during a covered period. 

10 ‘‘ ‘(d) SUMMARY OF RIGHTS.—Not later than 60 days 

11 after the date of enactment of this section, the Director of 

12 the Bureau shall update the model summary of rights under 

13 section 609(c)(1) to include a description of the right of a 

14 consumer to— 

15 ‘‘ ‘(1) request the deletion of adverse items of in16 formation under subsection (e); and 

17 ‘‘ ‘(2) request a consumer report or score, without 

18 charge to the consumer, under subsection (f). 

19 ‘‘ ‘(e) DELETION OF ADVERSE ITEMS OF INFORMATION

20 RESULTING FROM THE CORONAVIRUS DISEASE (COVID– 

21 19) OUTBREAK AND MAJOR DISASTERS.— 

22 ‘‘ ‘(1) REPORTING.— 

23 ‘‘ ‘(A) IN GENERAL.—Not later than 60 days 

24 after the date of enactment of this subsection, the 

25 Director of the Bureau shall create a website for 
1604 

•HR 925 EAH 

1 consumers to report, under penalty of perjury, 

2 economic hardship as a result of the coronavirus 

3 disease (COVID–19) outbreak or a major dis4 aster for the purpose of providing credit report 

5 protections under this subsection. 

6 ‘‘ ‘(B) DOCUMENTATION.—The Director of 

7 the Bureau shall— 

8 ‘‘ ‘(i) not require any documentation 

9 from a consumer to substantiate the eco10 nomic hardship; and 

11 ‘‘ ‘(ii) provide notice to the consumer 

12 that a report under subparagraph (A) is 

13 under penalty of perjury. 

14 ‘‘ ‘(C) REPORTING PERIOD.—A consumer 

15 may report economic hardship under subpara16 graph (A) during a covered period and for 60 

17 days thereafter. 

18 ‘‘ ‘(2) DATABASE.—The Director of the Bureau 

19 shall establish and maintain a secure database that— 

20 ‘‘ ‘(A) is accessible to each consumer report21 ing agency described in section 603(p) and na22 tionwide specialty consumer reporting agency for 

23 purposes of fulfilling their duties under para24 graph (3) to check and automatically delete any 

25 adverse item of information (except information 
1605 

•HR 925 EAH 

1 related to a felony criminal conviction) reported 

2 that occurred during a covered period with re3 spect to a consumer; and 

4 ‘‘ ‘(B) contains the information reported 

5 under paragraph (1). 

6 ‘‘ ‘(3) DELETION OF ADVERSE ITEMS OF INFOR7 MATION BY NATIONWIDE CONSUMER REPORTING AND

8 NATIONWIDE SPECIALTY CONSUMER REPORTING AGEN9 CIES.— 

10 ‘‘ ‘(A) IN GENERAL.—Each consumer report11 ing agency described in section 603(p) and each 

12 nationwide specialty consumer reporting agency 

13 shall, using the information contained in the 

14 database established under paragraph (2), delete 

15 from the file of each consumer named in the 

16 database each adverse item of information (ex17 cept information related to a felony criminal 

18 conviction) that was a result of an action or in19 action that occurred during a covered period or 

20 in the 270-day period following the end of a cov21 ered period. 

22 ‘‘ ‘(B) TIMELINE.—Each consumer report23 ing agency described in section 603(p) and each 

24 nationwide specialty consumer reporting agency 

25 shall check the database at least weekly and de-
1606 

•HR 925 EAH 

1 lete adverse items of information as soon as 

2 practicable after information that is reported 

3 under paragraph (1) appears in the database es4 tablished under paragraph (2). 

5 ‘‘ ‘(4) REQUEST FOR DELETION OF ADVERSE

6 ITEMS OF INFORMATION.— 

7 ‘‘ ‘(A) IN GENERAL.—A consumer who has 

8 filed a report of economic hardship with the Bu9 reau may submit a request, without charge to the 

10 consumer, to a consumer reporting agency de11 scribed in section 603(p) or nationwide specialty 

12 consumer reporting agency to delete from the 

13 consumer’s file an adverse item of information 

14 (except information related to a felony criminal 

15 conviction) that was a result of an action or in16 action that occurred during a covered period or 

17 in the 270-day period following the end of a cov18 ered period. 

19 ‘‘ ‘(B) TIMING.—A consumer may submit a 

20 request under subparagraph (A), not later than 

21 the end of the 270-day period described in that 

22 subparagraph. 

23 ‘‘ ‘(C) REMOVAL AND NOTIFICATION.—Upon 

24 receiving a request under this paragraph to de25 lete an adverse item of information, a consumer 
1607 

•HR 925 EAH 

1 reporting agency described in section 603(p) or 

2 nationwide specialty consumer reporting agency 

3 shall— 

4 ‘‘ ‘(i) delete the adverse item of infor5 mation (except information related to a fel6 ony criminal conviction) from the con7 sumer’s file; and 

8 ‘‘ ‘(ii) notify the consumer and the fur9 nisher of the adverse item of information of 

10 the deletion. 

11 ‘‘ ‘(f) FREE CREDIT REPORT AND SCORES.— 

12 ‘‘ ‘(1) IN GENERAL.—During the period between 

13 the beginning of a covered period and ending 12- 

14 months after the end of the covered period, each con15 sumer reporting agency described under section 

16 603(p) and each nationwide specialty consumer re17 porting agency shall make all disclosures described 

18 under section 609 upon request by a consumer, by 

19 mail or online, without charge to the consumer and 

20 without limitation as to the number of requests. Such 

21 a consumer reporting agency shall also supply a con22 sumer, upon request and without charge, with a cred23 it score that— 

24 ‘‘ ‘(A) is derived from a credit scoring model 

25 that is widely distributed to users by the con-
1608 

•HR 925 EAH 

1 sumer reporting agency for the purpose of any 

2 extension of credit or other transaction des3 ignated by the consumer who is requesting the 

4 credit score; or 

5 ‘‘ ‘(B) is widely distributed to lenders of 

6 common consumer loan products and predicts 

7 the future credit behavior of a consumer. 

8 ‘‘ ‘(2) TIMING.—A file disclosure or credit score 

9 under paragraph (1) shall be provided to the con10 sumer not later than— 

11 ‘‘ ‘(A) 7 days after the date on which the re12 quest is received if the request is made by mail; 

13 and 

14 ‘‘ ‘(B) not later than 15 minutes if the re15 quest is made online. 

16 ‘‘ ‘(3) ADDITIONAL REPORTS.—A file disclosure 

17 provided under paragraph (1) shall be in addition to 

18 any disclosure requested by the consumer under sec19 tion 612(a). 

20 ‘‘ ‘(4) PROHIBITION.—A consumer reporting 

21 agency that receives a request under paragraph (1) 

22 may not request or require any documentation from 

23 the consumer that demonstrates that the consumer 

24 was impacted by the coronavirus disease (COVID–19) 

25 outbreak or a major disaster (except to verify that the 
1609 

•HR 925 EAH 

1 consumer is a resident of the affected area covered by 

2 the applicable disaster or emergency declaration) as a 

3 condition of receiving the file disclosure or score. 

4 ‘‘ ‘(g) POSTING OF RIGHTS.—Not later than 30 days 

5 after the date of enactment of this section, each consumer 

6 reporting agency described under section 603(p) and each 

7 nationwide specialty consumer reporting agency shall 

8 prominently post and maintain a direct link on the home9 page of the public website of the consumer reporting agency 

10 information relating to the right of consumers to— 

11 ‘‘ ‘(1) request the deletion of adverse items of in12 formation (except information related to a felony 

13 criminal conviction) under subsection (e); and 

14 ‘‘ ‘(2) request consumer file disclosures and 

15 scores, without charge to the consumer, under sub16 section (f). 

17 ‘‘ ‘(h) BAN ON REPORTING MEDICAL DEBT INFORMA18 TION RELATED TO COVID–19 OR A MAJOR DISASTER.— 

19 ‘‘ ‘(1) FURNISHING BAN.—No person shall fur20 nish adverse information to a consumer reporting 

21 agency related to medical debt if such medical debt is 

22 with respect to medical expenses related to treatments 

23 arising from COVID–19 or a major disaster (whether 

24 or not the expenses were incurred during a covered 

25 period). 
1610 

•HR 925 EAH 

1 ‘‘ ‘(2) CONSUMER REPORT BAN.—No consumer 

2 reporting agency may make a consumer report con3 taining adverse information related to medical debt if 

4 such medical debt is with respect to medical expenses 

5 related to treatments arising from COVID–19 or a 

6 major disaster (whether or not the expenses were in7 curred during a covered period). 

8 ‘‘ ‘(i) CREDIT SCORING MODELS.—A person that cre9 ates and implements credit scoring models may not treat 

10 the absence, omission, or deletion of any information pursu11 ant to this section as a negative factor or negative value 

12 in credit scoring models created or implemented by such 

13 person.’. 

14 ‘‘(2) TECHNICAL AND CONFORMING AMEND15 MENT.—The table of contents for the Fair Credit Re16 porting Act is amended by inserting after the item re17 lating to section 605B the following: 

‘‘ ‘605C. Reporting of information during major disasters.’. 

18 ‘‘SEC. 4021A. LIMITATIONS ON NEW CREDIT SCORING MOD19 ELS DURING THE COVID–19 EMERGENCY AND 

20 MAJOR DISASTERS. 

21 ‘‘The Fair Credit Reporting Act (15 U.S.C. 1681 et 

22 seq.) is amended— 

23 ‘‘(1) by adding at the end the following: 
1611 

•HR 925 EAH 

1 ‘‘ ‘§ 630. Limitations on new credit scoring models dur2 ing the COVID–19 emergency and major 

3 disasters 

4 ‘‘ ‘With respect to a person that creates and imple5 ments credit scoring models, such person may not, during 

6 a covered period (as defined under section 605C), create or 

7 implement a new credit scoring model (including a revision 

8 to an existing scoring model) if the new credit scoring model 

9 would identify a significant percentage of consumers as 

10 being less creditworthy when compared to the previous cred11 it scoring models created or implemented by such person.’; 

12 and 

13 ‘‘(2) in the table of contents for such Act, by add14 ing at the end the following new item: 

‘‘ ‘630. Limitations on new credit scoring models during the COVID–19 emergency 

and major disasters.’. 

15 (b) CLERICAL AMENDMENT.—The table of contents in 

16 section 2 of the CARES Act is amended by striking the item 

17 relating to section 4021 and inserting the following: 

‘‘Sec. 4021. Reporting of information during major disasters. 

‘‘Sec. 4021A. Limitations on new credit scoring models during the COVID–19 

emergency and major disasters.’’. 

18 (c) CONFORMING AMENDMENT.—Subparagraph (F) of 

19 section 623(a)(1) of the Fair Credit Reporting Act (15 

20 U.S.C. 1681s–2(a)(1)) is hereby repealed. 
1612 

•HR 925 EAH 

1 SEC. 402. RESTRICTIONS ON COLLECTIONS OF CONSUMER 

2 DEBT DURING A NATIONAL DISASTER OR 

3 EMERGENCY. 

4 (a) IN GENERAL.—The Fair Debt Collection Practices 

5 Act (15 U.S.C. 1692 et seq.) is amended by inserting after 

6 section 812 (15 U.S.C. 1692j) the following: 

7 ‘‘§ 812A. Restrictions on collections of consumer debt 

8 during a national disaster or emergency 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) COVERED PERIOD.—The term ‘covered pe11 riod’ means the period beginning on the date of enact12 ment of this section and ending 120 days after the 

13 end of the incident period for the emergency declared 

14 on March 13, 2020, by the President under section 

15 501 of the Robert T. Stafford Disaster Relief and 

16 Emergency Assistance Act (42 U.S.C. 4121 et seq.) re17 lating to the Coronavirus Disease 2019 (COVID–19) 

18 pandemic. 

19 ‘‘(2) CREDITOR.—The term ‘creditor’ means any 

20 person— 

21 ‘‘(A) who offers or extends credit creating a 

22 debt or to whom a debt is owed; or 

23 ‘‘(B) to whom any obligation for payment 

24 is owed. 

25 ‘‘(3) DEBT.—The term ‘debt’— 
1613 

•HR 925 EAH 

1 ‘‘(A) means any obligation or alleged obli2 gation that is or during the covered period be3 comes past due, other than an obligation arising 

4 out of a credit agreement entered into after the 

5 effective date of this section, that arises out of a 

6 transaction with a consumer; and 

7 ‘‘(B) does not include a mortgage loan. 

8 ‘‘(4) DEBT COLLECTOR.—The term ‘debt col9 lector’ means a creditor and any other person or enti10 ty that engages in the collection of debt, including the 

11 Federal Government and a State government, irre12 spective of whether the applicable debt is allegedly 

13 owed to or assigned to such creditor, person, or entity. 

14 ‘‘(5) MORTGAGE LOAN.—The term ‘mortgage 

15 loan’ means a covered mortgage loan (as defined 

16 under section 4022 of the CARES Act) and a multi17 family mortgage loan (as defined under section 4023 

18 of the CARES Act). 

19 ‘‘(b) PROHIBITIONS.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding any other 

21 provision of law, no debt collector may, during a cov22 ered period— 

23 ‘‘(A) enforce a security interest securing a 

24 debt through repossession, limitation of use, or 

25 foreclosure; 
1614 

•HR 925 EAH 

1 ‘‘(B) take or threaten to take any action to 

2 deprive an individual of their liberty as a result 

3 of nonpayment of or nonappearance at any 

4 hearing relating to an obligation owed by a con5 sumer; 

6 ‘‘(C) collect any debt, by way of garnish7 ment, attachment, assignment, deduction, offset, 

8 or other seizure, from— 

9 ‘‘(i) wages, income, benefits, bank, pre10 paid or other asset accounts; or 

11 ‘‘(ii) any assets of, or other amounts 

12 due to, a consumer; 

13 ‘‘(D) commence or continue an action to 

14 evict a consumer from real or personal property 

15 for nonpayment; 

16 ‘‘(E) disconnect or terminate service from a 

17 utility service, including electricity, natural gas, 

18 telecommunications or broadband, water, or 

19 sewer, for nonpayment; or 

20 ‘‘(F) threaten to take any of the foregoing 

21 actions. 

22 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

23 section may be construed to prohibit a consumer from 

24 voluntarily paying, in whole or in part, a debt. 
1615 

•HR 925 EAH 

1 ‘‘(c) LIMITATION ON FEES AND INTEREST.—After the 

2 expiration of a covered period, a debt collector may not add 

3 to any past due debt any interest on unpaid interest, higher 

4 rate of interest triggered by the nonpayment of the debt, 

5 or fee triggered prior to the expiration of the covered period 

6 by the nonpayment of the debt. 

7 ‘‘(e) VIOLATIONS.—Any person or government entity 

8 that violates this section shall be liable to the applicable 

9 consumer as provided under section 813, except that, for 

10 purposes of applying section 813— 

11 ‘‘(1) such person or government entity shall be 

12 deemed a debt collector, as such term is defined for 

13 purposes of section 813; and 

14 ‘‘(2) each dollar figure in such section shall be 

15 deemed to be 10 times the dollar figure specified. 

16 ‘‘(f) TOLLING.—Any applicable time limitations for 

17 exercising an action prohibited under subsection (b) shall 

18 be tolled during a covered period. 

19 ‘‘(g) PREDISPUTE ARBITRATION AGREEMENTS.—Not20 withstanding any other provision of law, no predispute ar21 bitration agreement or predispute joint-action waiver shall 

22 be valid or enforceable with respect to a dispute brought 

23 under this section, including a dispute as to the applica24 bility of this section, which shall be determined under Fed25 eral law.’’. 
1616 

•HR 925 EAH 

1 (b) CLERICAL AMENDMENT.—The table of contents for 

2 the Fair Debt Collection Practices Act is amended by insert3 ing after the item relating to section 812 the following: 

‘‘812A. Restrictions on collections of consumer debt during a national disaster or 

emergency.’’. 

4 SEC. 403. REPAYMENT PERIOD AND FORBEARANCE FOR 

5 CONSUMERS. 

6 Section 812A of the Fair Debt Collection Practices Act 

7 (15 U.S.C. 1692 et seq.), as added by section 110402, is 

8 amended— 

9 (1) by inserting after subsection (c) the fol10 lowing: 

11 ‘‘(d) REPAYMENT PERIOD.—After the expiration of a 

12 covered period, a debt collector shall comply with the fol13 lowing: 

14 ‘‘(1) DEBT ARISING FROM CREDIT WITH A DE15 FINED PAYMENT PERIOD.—For any debt arising from 

16 credit with a defined term, the debt collector shall ex17 tend the time period to repay any past due balance 

18 of the debt by— 

19 ‘‘(A) 1 payment period for each payment 

20 that a consumer missed during the covered pe21 riod, with the payments due in the same 

22 amounts and at the same intervals as the pre-ex23 isting payment schedule; and 
1617 

•HR 925 EAH 

1 ‘‘(B) 1 payment period in addition to the 

2 payment periods described under subparagraph 

3 (A). 

4 ‘‘(2) DEBT ARISING FROM AN OPEN END CREDIT

5 PLAN.—For debt arising from an open end credit 

6 plan, as defined in section 103 of the Truth in Lend7 ing Act (15 U.S.C. 1602), the debt collector shall 

8 allow the consumer to repay the past-due balance in 

9 a manner that does not exceed the amounts permitted 

10 by the methods described in section 171(c) of the 

11 Truth in Lending Act (15 U.S.C. 1666i–1(c)) and 

12 regulations promulgated under that section. 

13 ‘‘(3) DEBT ARISING FROM OTHER CREDIT.— 

14 ‘‘(A) IN GENERAL.—For debt not described 

15 under paragraph (2) or (3), the debt collector 

16 shall— 

17 ‘‘(i) allow the consumer to repay the 

18 past-due balance of the debt in substantially 

19 equal payments over time; and 

20 ‘‘(ii) provide the consumer with— 

21 ‘‘(I) for past due balances of 

22 $2,000 or less, 12 months to repay, or 

23 such longer period as the debt collector 

24 may allow; 
1618 

•HR 925 EAH 

1 ‘‘(II) for past due balances be2 tween $2,001 and $5,000, 24 months to 

3 repay, or such longer period as the debt 

4 collector may allow; or 

5 ‘‘(III) for past due balances great6 er than $5,000, 36 months to repay, or 

7 such longer period as the debt collector 

8 may allow. 

9 ‘‘(B) ADDITIONAL PROTECTIONS.—The Di10 rector of the Bureau may issue rules to provide 

11 greater repayment protections to consumers with 

12 debts described under subparagraph (A). 

13 ‘‘(C) RELATION TO STATE LAW.—This para14 graph shall not preempt any State law that pro15 vides for greater consumer protections than this 

16 paragraph.’’; and 

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

18 ‘‘(h) FORBEARANCE FOR AFFECTED CONSUMERS.— 

19 ‘‘(1) FORBEARANCE PROGRAM.—Each debt col20 lector that makes use of the credit facility described 

21 in paragraph (4) shall establish a forbearance pro22 gram for debts available during the covered period. 

23 ‘‘(2) AUTOMATIC GRANT OF FORBEARANCE UPON

24 REQUEST.—Under a forbearance program required 

25 under paragraph (1), upon the request of a consumer 
1619 

•HR 925 EAH 

1 experiencing a financial hardship due, directly or in2 directly, to COVID–19, the debt collector shall grant 

3 a forbearance on payment of debt for such time as 

4 needed until the end of the covered period, with no 

5 additional documentation required other than the bor6 rower’s attestation to a financial hardship caused by 

7 COVID–19 and with no fees, penalties, or interest 

8 (beyond the amounts scheduled or calculated as if the 

9 borrower made all contractual payments on time and 

10 in full under the terms of the loan contract) charged 

11 to the borrower in connection with the forbearance. 

12 ‘‘(3) EXCEPTION FOR CERTAIN MORTGAGE LOANS

13 SUBJECT TO THE CARES ACT.—This subsection shall 

14 not apply to a mortgage loan subject to section 4022 

15 or 4023 of the CARES Act.’’. 

16 SEC. 404. CREDIT FACILITY. 

17 Section 812A(h) of the Fair Debt Collection Practices 

18 Act (15 U.S.C. 1692 et seq.), as added by section 110403, 

19 is amended by adding at the end the following: 

20 ‘‘(4) CREDIT FACILITY.—The Board of Governors 

21 of the Federal Reserve System shall— 

22 ‘‘(A) establish a facility, using amounts 

23 made available under section 4003(b)(4) of the 

24 CARES Act (15 U.S.C. 9042(b)(4)), to make 

25 long-term, low-cost loans to debt collectors to 
1620 

•HR 925 EAH 

1 temporarily compensate such debt collectors for 

2 documented financial losses caused by forbear3 ance of debt payments under this subsection; and 

4 ‘‘(B) defer debt collectors’ required pay5 ments on such loans until after consumers’ debt 

6 payments resume.’’. 

7 TITLE V—PROTECTING STUDENT 

8 BORROWERS 

9 SEC. 501. PAYMENTS FOR PRIVATE EDUCATION LOAN BOR10 ROWERS AS A RESULT OF THE COVID–19 NA11 TIONAL EMERGENCY. 

12 (a) IN GENERAL.—Section 140 of the Truth in Lend13 ing Act (15 U.S.C. 1650) is amended by adding at the end 

14 the following new subsection: 

15 ‘‘(h) COVID–19 NATIONAL EMERGENCY PRIVATE

16 EDUCATION LOAN REPAYMENT ASSISTANCE.— 

17 ‘‘(1) AUTHORITY.— 

18 ‘‘(A) IN GENERAL.—Effective on the date of 

19 the enactment of this section, until February 1, 

20 2021, the Secretary of the Treasury shall, for 

21 each borrower of a private education loan, pay 

22 the total amount due for such month on the loan, 

23 based on the payment plan selected by the bor24 rower or the borrower’s loan status. 
1621 

•HR 925 EAH 

1 ‘‘(B) LIMITATION ON PAYMENTS.—The max2 imum amount of aggregate payments that the 

3 Secretary of the Treasury may make under sub4 paragraph (A) with respect to an individual bor5 rower is $10,000. 

6 ‘‘(2) NO CAPITALIZATION OF INTEREST.—With 

7 respect to any loan in repayment until February 1, 

8 2021, interest due on a private education loan during 

9 such period shall not be capitalized at any time until 

10 after February 1, 2021. 

11 ‘‘(3) REPORTING TO CONSUMER REPORTING

12 AGENCIES.—Until February 1, 2021— 

13 ‘‘(A) during the period in which the Sec14 retary of the Treasury is making payments on a 

15 loan under paragraph (1), the Secretary shall 

16 ensure that, for the purpose of reporting infor17 mation about the loan to a consumer reporting 

18 agency, any payment made by the Secretary is 

19 treated as if it were a regularly scheduled pay20 ment made by a borrower; and 

21 ‘‘(B) no adverse credit information may be 

22 furnished to a consumer reporting agency for 

23 any private education loan. 

24 ‘‘(4) NOTICE OF PAYMENTS AND PROGRAM.—Not 

25 later than 15 days following the date of enactment of 
1622 

•HR 925 EAH 

1 this subsection, and monthly thereafter until Feb2 ruary 1, 2021, the Secretary of the Treasury shall 

3 provide a notice to all borrowers of private education 

4 loans— 

5 ‘‘(A) informing borrowers of the actions 

6 taken under this subsection; 

7 ‘‘(B) providing borrowers with an easily ac8 cessible method to opt out of the benefits provided 

9 under this subsection; and 

10 ‘‘(C) notifying the borrower that the pro11 gram under this subsection is a temporary pro12 gram and will end on February 1, 2021. 

13 ‘‘(5) SUSPENSION OF INVOLUNTARY COLLEC14 TION.—Until February 1, 2021, the holder of a pri15 vate education loan shall immediately take action to 

16 halt all involuntary collection related to the loan. 

17 ‘‘(6) MANDATORY FORBEARANCE.—During the 

18 period in which the Secretary of the Treasury is mak19 ing payments on a loan under paragraph (1), the 

20 servicer of such loan shall grant the borrower forbear21 ance as follows: 

22 ‘‘(A) A temporary cessation of all payments 

23 on the loan other than the payments of interest 

24 and principal on the loan that are made under 

25 paragraph (1). 
1623 

•HR 925 EAH 

1 ‘‘(B) For borrowers who are delinquent but 

2 who are not yet in default before the date on 

3 which the Secretary begins making payments 

4 under paragraph (1), the retroactive application 

5 of forbearance to address any delinquency. 

6 ‘‘(7) DATA TO IMPLEMENT.—Holders and 

7 servicers of private education loans shall report, to the 

8 satisfaction of the Secretary of the Treasury, the in9 formation necessary to calculate the amount to be 

10 paid under this subsection. 

11 ‘‘(8) APPLICATION ONLY TO ECONOMICALLY DIS12 TRESSED BORROWERS.— 

13 ‘‘(A) IN GENERAL.—This subsection shall 

14 only apply to a borrower of a private education 

15 loan who is an economically distressed borrower. 

16 ‘‘(B) ECONOMICALLY DISTRESSED BOR17 ROWER DEFINED.—In this paragraph, the term 

18 ‘economically distressed borrower’ means a bor19 rower of a private education loan who, as of 

20 March 12, 2020— 

21 ‘‘(i) based on financial state or other 

22 conditions, would be otherwise eligible, if 

23 the borrower instead had a Federal student 

24 loan, of having a monthly payment due on 

25 such loan of $0 pursuant to an income-con-
1624 

•HR 925 EAH 

1 tingent repayment plan under section 

2 455(d)(1)(D) of the Higher Education Act 

3 of 1965 (20 U.S.C. 1087e(d)(1)(D)) or an 

4 income-based repayment plan under section 

5 493C of such Act (20 U.S.C. 1098e); 

6 ‘‘(ii) was in default on such loan; 

7 ‘‘(iii) had a payment due on such loan 

8 that was at least 90 days past due; or 

9 ‘‘(iv) based on financial state or other 

10 conditions, was in forbearance or deferment. 

11 ‘‘(C) RULEMAKING.—Not later than 7 days 

12 after the date of enactment of this paragraph, the 

13 Director of the Bureau, in consultation with the 

14 Secretary of Education, shall issue rules to im15 plement this paragraph, including providing a 

16 detailed description of how a borrower of a pri17 vate education loan will be considered an eco18 nomically distressed borrower as defined under 

19 each clause of subparagraph (B).’’. 

20 (b) APPROPRIATION.—There is appropriated to the 

21 Secretary of the Treasury, out of amounts in the Treasury 

22 not otherwise appropriated, $5,000,000,000 to carry out 

23 this title and the amendments made by this title. 
1625 

•HR 925 EAH 

1 SEC. 502. ADDITIONAL PROTECTIONS FOR PRIVATE STU2 DENT LOAN BORROWERS. 

3 (a) IN GENERAL.— 

4 (1) REPAYMENT PLAN AND FORGIVENESS

5 TERMS.—Each private education loan holder who re6 ceives a monthly payment pursuant to section 140(h) 

7 of the Truth in Lending Act shall modify all private 

8 education loan contracts that it holds to provide for 

9 the same repayment plan and forgiveness terms avail10 able to Direct Loans borrowers under section 

11 685.209(c) of title 34, Code of Federal Regulations, in 

12 effect as of January 1, 2020. 

13 (2) TREATMENT OF STATE STATUTES OF LIMITA14 TION.—For a borrower who has defaulted on a pri15 vate education loan under the terms of the promissory 

16 note prior to any loan payment made or forbearance 

17 granted under section 140(h) of the Truth in Lending 

18 Act, no payment made or forbearance granted under 

19 such section 140(h) shall be considered an event that 

20 impacts the calculation of the applicable State stat21 utes of limitation. 

22 (3) PROHIBITION ON PRESSURING BOR23 ROWERS.— 

24 (A) IN GENERAL.—A private education loan 

25 debt collector or creditor may not pressure a bor26 rower to elect to apply any amount received pur-
1626 

•HR 925 EAH 

1 suant to subsection (b) to any private education 

2 loan. 

3 (B) VIOLATIONS.—A violation of this para4 graph is deemed— 

5 (i) an unfair, deceptive, or abusive act 

6 or practice under Federal law in connection 

7 with any transaction with a consumer for a 

8 consumer financial product or service under 

9 section 1031 of the Consumer Financial 

10 Protection Act of 2010 (12 U.S.C. 5531); 

11 and 

12 (ii) with respect to a violation by a 

13 debt collector, an unfair or unconscionable 

14 means to collect or attempt to collect any 

15 debt under section 808 of the Federal Debt 

16 Collection Practices Act (15 U.S.C. 1692f). 

17 (C) PRESSURE DEFINED.—In this para18 graph, the term ‘‘pressure’’ means any commu19 nication, recommendation, or other similar com20 munication, other than providing basic informa21 tion about a borrower’s options, urging a bor22 rower to make an election described under sub23 section (b). 

24 (b) RELIEF FOR PRIVATE STUDENT LOAN BORROWERS

25 AS A RESULT OF THE COVID–19 NATIONAL EMERGENCY.— 
1627 

•HR 925 EAH 

1 (1) STUDENT LOAN RELIEF AS A RESULT OF THE

2 COVID–19 NATIONAL EMERGENCY.—Not later than 90 

3 days after February 1, 2021, the Secretary of the 

4 Treasury shall carry out a program under which a 

5 borrower, with respect to the private education loans 

6 of such borrower, shall receive in accordance with 

7 paragraph (3) an amount equal to the lesser of— 

8 (A) the total amount of each private edu9 cation loan of the borrower; or 

10 (B) $10,000, reduced by the aggregate 

11 amount of all payments made by the Secretary 

12 of the Treasury with respect to such borrower 

13 under section 140(h) of the Truth in Lending 

14 Act. 

15 (2) NOTIFICATION OF BORROWERS.—Not later 

16 than 90 days after February 1, 2021, the Secretary 

17 of the Treasury shall notify each borrower of a pri18 vate education loan of— 

19 (A) the requirements to provide loan relief 

20 to such borrower under this section; and 

21 (B) the opportunity for such borrower to 

22 make an election under paragraph (3)(A) with 

23 respect to the application of such loan relief to 

24 the private education loans of such borrower. 

25 (3) DISTRIBUTION OF FUNDING.— 
1628 

•HR 925 EAH 

1 (A) ELECTION BY BORROWER.—Not later 

2 than 45 days after a notice is sent under para3 graph (2), a borrower may elect to apply the 

4 amount determined with respect to such borrower 

5 under paragraph (1) to any private education 

6 loan of the borrower. 

7 (B) AUTOMATIC PAYMENT.— 

8 (i) IN GENERAL.—In the case of a bor9 rower who does not make an election under 

10 subparagraph (A) before the date described 

11 in such subparagraph, the Secretary of the 

12 Treasury shall apply the amount deter13 mined with respect to such borrower under 

14 paragraph (1) in order of the private edu15 cation loan of the borrower with the highest 

16 interest rate. 

17 (ii) EQUAL INTEREST RATES.—In case 

18 of two or more private education loans de19 scribed in clause (i) with equal interest 

20 rates, the Secretary of the Treasury shall 

21 apply the amount determined with respect 

22 to such borrower under paragraph (1) first 

23 to the loan with the highest principal. 

24 (c) APPLICATION ONLY TO ECONOMICALLY DIS25 TRESSED BORROWERS.—This section shall only apply to 
1629 

•HR 925 EAH 

1 a borrower of a private education loan who is an economi2 cally distressed borrower. 

3 (d) DEFINITIONS.—In this section: 

4 (1) FAIR DEBT COLLECTION PRACTICES ACT

5 TERMS.—The terms ‘‘creditor’’ and ‘‘debt collector’’ 

6 have the meaning given those terms, respectively, 

7 under section 803 of the Fair Debt Collection Prac8 tices Act (15 U.S.C. 1692a). 

9 (2) PRIVATE EDUCATION LOAN.—The term ‘‘pri10 vate education loan’’ has the meaning given the term 

11 in section 140 of the Truth in Lending Act (15 U.S.C. 

12 1650). 

13 (3) ECONOMICALLY DISTRESSED BORROWER DE14 FINED.—The term ‘‘economically distressed borrower’’ 

15 has the meaning given that term under section 

16 140(h)(8) of the Truth in Lending Act, as added by 

17 section 501. 
1630 

•HR 925 EAH 

1 TITLE VI—STANDING UP FOR 

2 SMALL BUSINESSES, MINOR3 ITY-OWNED BUSINESSES, AND 

4 NON-PROFITS 

5 SEC. 601. RESTRICTIONS ON COLLECTIONS OF SMALL BUSI6 NESS AND NONPROFIT DEBT DURING A NA7 TIONAL DISASTER OR EMERGENCY. 

8 (a) IN GENERAL.—The Fair Debt Collection Practices 

9 Act (15 U.S.C. 1692 et seq.), as amended by section 110402, 

10 is further amended by inserting after section 812A the fol11 lowing: 

12 ‘‘§ 812B. Restrictions on collections of small business 

13 and nonprofit debt during a national dis14 aster or emergency 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) COVERED PERIOD.—The term ‘covered pe17 riod’ means the period beginning on the date of enact18 ment of this section and ending 120 days after the 

19 end of the incident period for the emergency declared 

20 on March 13, 2020, by the President under section 

21 501 of the Robert T. Stafford Disaster Relief and 

22 Emergency Assistance Act (42 U.S.C. 4121 et seq.) re23 lating to the Coronavirus Disease 2019 (COVID–19) 

24 pandemic. 
1631 

•HR 925 EAH 

1 ‘‘(2) CREDITOR.—The term ‘creditor’ means any 

2 person— 

3 ‘‘(A) who offers or extends credit creating a 

4 debt or to whom a debt is owed; or 

5 ‘‘(B) to whom any obligation for payment 

6 is owed. 

7 ‘‘(3) DEBT.—The term ‘debt’— 

8 ‘‘(A) means any obligation or alleged obli9 gation that is or during the covered period be10 comes past due, other than an obligation arising 

11 out of a credit agreement entered into after the 

12 effective date of this section, that arises out of a 

13 transaction with a nonprofit organization or 

14 small business; and 

15 ‘‘(B) does not include a mortgage loan. 

16 ‘‘(4) DEBT COLLECTOR.—The term ‘debt col17 lector’ means a creditor and any other person or enti18 ty that engages in the collection of debt, including the 

19 Federal Government and a State government, irre20 spective of whether the applicable debt is allegedly 

21 owed to or assigned to such creditor, person, or entity. 

22 ‘‘(5) MORTGAGE LOAN.—The term ‘mortgage 

23 loan’ means a covered mortgage loan (as defined 

24 under section 4022 of the CARES Act) and a multi-
1632 

•HR 925 EAH 

1 family mortgage loan (as defined under section 4023 

2 of the CARES Act). 

3 ‘‘(6) NONPROFIT ORGANIZATION.—The term 

4 ‘nonprofit organization’ means an organization that 

5 is described in section 501(c)(3) of the Internal Rev6 enue Code of 1986 and that is exempt from taxation 

7 under section 501(a) of such Code. 

8 ‘‘(7) SMALL BUSINESS.—The term ‘small busi9 ness’ has the meaning given the term ‘small business 

10 concern’ in section 3 of the Small Business Act (15 

11 U.S.C. 632). 

12 ‘‘(b) PROHIBITIONS.— 

13 ‘‘(1) IN GENERAL.—Notwithstanding any other 

14 provision of law, no debt collector may, during a cov15 ered period— 

16 ‘‘(A) enforce a security interest securing a 

17 debt through repossession, limitation of use, or 

18 foreclosure; 

19 ‘‘(B) take or threaten to take any action to 

20 deprive an individual of their liberty as a result 

21 of nonpayment of or nonappearance at any 

22 hearing relating to an obligation owed by a 

23 small business or nonprofit organization; 
1633 

•HR 925 EAH 

1 ‘‘(C) collect any debt, by way of garnish2 ment, attachment, assignment, deduction, offset, 

3 or other seizure, from— 

4 ‘‘(i) wages, income, benefits, bank, pre5 paid or other asset accounts; or 

6 ‘‘(ii) any assets of, or other amounts 

7 due to, a small business or nonprofit orga8 nization; 

9 ‘‘(D) commence or continue an action to 

10 evict a small business or nonprofit organization 

11 from real or personal property for nonpayment; 

12 ‘‘(E) disconnect or terminate service from a 

13 utility service, including electricity, natural gas, 

14 telecommunications or broadband, water, or 

15 sewer, for nonpayment; or 

16 ‘‘(F) threaten to take any of the foregoing 

17 actions. 

18 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

19 section may be construed to prohibit a small business 

20 or nonprofit organization from voluntarily paying, in 

21 whole or in part, a debt. 

22 ‘‘(c) LIMITATION ON FEES AND INTEREST.—After the 

23 expiration of a covered period, a debt collector may not add 

24 to any past due debt any interest on unpaid interest, higher 

25 rate of interest triggered by the nonpayment of the debt, 
1634 

•HR 925 EAH 

1 or fee triggered prior to the expiration of the covered period 

2 by the nonpayment of the debt. 

3 ‘‘(e) VIOLATIONS.—Any person or government entity 

4 that violates this section shall be liable to the applicable 

5 small business or nonprofit organization as provided under 

6 section 813, except that, for purposes of applying section 

7 813— 

8 ‘‘(1) such person or government entity shall be 

9 deemed a debt collector, as such term is defined for 

10 purposes of section 813; and 

11 ‘‘(2) such small business or nonprofit organiza12 tion shall be deemed a consumer, as such term is de13 fined for purposes of section 813. 

14 ‘‘(f) TOLLING.—Any applicable time limitations for 

15 exercising an action prohibited under subsection (b) shall 

16 be tolled during a covered period. 

17 ‘‘(g) PREDISPUTE ARBITRATION AGREEMENTS.—Not18 withstanding any other provision of law, no predispute ar19 bitration agreement or predispute joint-action waiver shall 

20 be valid or enforceable with respect to a dispute brought 

21 under this section, including a dispute as to the applica22 bility of this section, which shall be determined under Fed23 eral law.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents for 

25 the Fair Debt Collection Practices Act, as amended by sec-
1635 

•HR 925 EAH 

1 tion 110402, is further amended by inserting after the item 

2 relating to section 812A the following: 

‘‘812B. Restrictions on collections of small business and nonprofit debt during a 

national disaster or emergency.’’. 

3 SEC. 602. REPAYMENT PERIOD AND FORBEARANCE FOR 

4 SMALL BUSINESSES AND NONPROFIT ORGA5 NIZATIONS. 

6 Section 812B of the Fair Debt Collection Practices Act 

7 (15 U.S.C. 1692 et seq.), as added by section 110601, is 

8 amended— 

9 (1) by inserting after subsection (c) the fol10 lowing: 

11 ‘‘(d) REPAYMENT PERIOD.—After the expiration of a 

12 covered period, a debt collector shall comply with the fol13 lowing: 

14 ‘‘(1) DEBT ARISING FROM CREDIT WITH A DE15 FINED PAYMENT PERIOD.—For any debt arising from 

16 credit with a defined term, the debt collector shall ex17 tend the time period to repay any past due balance 

18 of the debt by— 

19 ‘‘(A) 1 payment period for each payment 

20 that a small business or nonprofit organization 

21 missed during the covered period, with the pay22 ments due in the same amounts and at the same 

23 intervals as the pre-existing payment schedule; 

24 and 
1636 

•HR 925 EAH 

1 ‘‘(B) 1 payment period in addition to the 

2 payment periods described under subparagraph 

3 (A). 

4 ‘‘(2) DEBT ARISING FROM AN OPEN END CREDIT

5 PLAN.—For debt arising from an open end credit 

6 plan, as defined in section 103 of the Truth in Lend7 ing Act (15 U.S.C. 1602), the debt collector shall 

8 allow the small business or nonprofit organization to 

9 repay the past-due balance in a manner that does not 

10 exceed the amounts permitted by the methods de11 scribed in section 171(c) of the Truth in Lending Act 

12 (15 U.S.C. 1666i–1(c)) and regulations promulgated 

13 under that section. 

14 ‘‘(3) DEBT ARISING FROM OTHER CREDIT.— 

15 ‘‘(A) IN GENERAL.—For debt not described 

16 under paragraph (2) or (3), the debt collector 

17 shall— 

18 ‘‘(i) allow the small business or non19 profit organization to repay the past-due 

20 balance of the debt in substantially equal 

21 payments over time; and 

22 ‘‘(ii) provide the small business or non23 profit organization with— 

24 ‘‘(I) for past due balances of 

25 $2,000 or less, 12 months to repay, or 
1637 

•HR 925 EAH 

1 such longer period as the debt collector 

2 may allow; 

3 ‘‘(II) for past due balances be4 tween $2,001 and $5,000, 24 months to 

5 repay, or such longer period as the debt 

6 collector may allow; or 

7 ‘‘(III) for past due balances great8 er than $5,000, 36 months to repay, or 

9 such longer period as the debt collector 

10 may allow. 

11 ‘‘(B) ADDITIONAL PROTECTIONS.—The Di12 rector of the Bureau may issue rules to provide 

13 greater repayment protections to small businesses 

14 and nonprofit organizations with debts described 

15 under subparagraph (A). 

16 ‘‘(C) RELATION TO STATE LAW.—This para17 graph shall not preempt any State law that pro18 vides for greater small business or nonprofit or19 ganization protections than this paragraph.’’; 

20 and 

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

22 ‘‘(h) FORBEARANCE FOR AFFECTED SMALL BUSI23 NESSES AND NONPROFIT ORGANIZATIONS.— 

24 ‘‘(1) FORBEARANCE PROGRAM.—Each debt col25 lector that makes use of the credit facility described 
1638 

•HR 925 EAH 

1 in paragraph (4) shall establish a forbearance pro2 gram for debts available during the covered period. 

3 ‘‘(2) AUTOMATIC GRANT OF FORBEARANCE UPON

4 REQUEST.—Under a forbearance program required 

5 under paragraph (1), upon the request of a small 

6 business or nonprofit organization experiencing a fi7 nancial hardship due, directly or indirectly, to 

8 COVID–19, the debt collector shall grant a forbear9 ance on payment of debt for such time as needed until 

10 the end of the covered period, with no additional doc11 umentation required other than the small business or 

12 nonprofit organization’s attestation to a financial 

13 hardship caused by COVID–19 and with no fees, pen14 alties, or interest (beyond the amounts scheduled or 

15 calculated as if the borrower made all contractual 

16 payments on time and in full under the terms of the 

17 loan contract) charged to the borrower in connection 

18 with the forbearance. 

19 ‘‘(3) EXCEPTION FOR CERTAIN MORTGAGE LOANS

20 SUBJECT TO THE CARES ACT.—This subsection shall 

21 not apply to a mortgage loan subject to section 4022 

22 or 4023 of the CARES Act.’’. 
1639 

•HR 925 EAH 

1 SEC. 603. CREDIT FACILITY. 

2 Section 812B(h) of the Fair Debt Collection Practices 

3 Act (15 U.S.C. 1692 et seq.), as added by section 110602, 

4 is amended by adding at the end the following: 

5 ‘‘(4) CREDIT FACILITY.—The Board of Governors 

6 of the Federal Reserve System shall— 

7 ‘‘(A) establish a facility, using amounts 

8 made available under section 4003(b)(4) of the 

9 CARES Act (15 U.S.C. 9042(b)(4)), to make 

10 long-term, low-cost loans to debt collectors to 

11 temporarily compensate such debt collectors for 

12 documented financial losses caused by forbear13 ance of debt payments under this subsection; and 

14 ‘‘(B) defer debt collectors’ required pay15 ments on such loans until after small businesses 

16 or nonprofit organizations’ debt payments re17 sume.’’. 

18 SEC. 604. MAIN STREET LENDING PROGRAM REQUIRE19 MENTS. 

20 (a) IN GENERAL.—Section 4003(c)(3)(D)(ii) of the 

21 CARES Act (15 U.S.C. 9042(c)(3)(D)(ii)) is amended— 

22 (1) by striking ‘‘Nothing in this subparagraph 

23 shall limit the discretion of the Board of Governors of 

24 the Federal Reserve System to’’ and inserting the fol25 lowing: 
1640 

•HR 925 EAH 

1 ‘‘(I) IN GENERAL.—The Board of Governors 

2 of the Federal Reserve System shall’’; and 

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

4 ‘‘(II) REQUIREMENTS.—In car5 rying out subclause (I), the Board of 

6 Governors of the Federal Reserve Sys7 tem— 

8 ‘‘(aa) shall make non-profit 

9 organizations and institutions of 

10 higher education (as such term is 

11 defined in section 101(a) of the 

12 Higher Education Act of 1965 (20 

13 U.S.C. 1001(a)) eligible for any 

14 program or facility established 

15 under such subclause; 

16 ‘‘(bb) shall create a low-cost 

17 loan option tailored to the unique 

18 needs of non-profit organizations, 

19 including the ability to defer pay20 ments without capitalization of 

21 interest; 

22 ‘‘(cc) shall make any 

23 501(c)(4) organization (as defined 

24 in section 501(c)(4) of the Inter25 nal Revenue Code of 1986) eligible 
1641 

•HR 925 EAH 

1 for any facility provided that such 

2 501(c)(4) organization has not 

3 made and will not make a con4 tribution, expenditure, inde5 pendent expenditure, or election6 eering communication within the 

7 meaning of the Federal Election 

8 Campaign Act, and has not un9 dertaken and will not undertake 

10 similar campaign finance activi11 ties in state and local elections, 

12 during the election cycle which 

13 ends on the date of the general 

14 election in this calendar year; 

15 ‘‘(dd) shall ensure loans 

16 made available to all eligible bor17 rowers have a maturity of no less 

18 than seven years; and 

19 ‘‘(ee) shall prohibit eligible 

20 lenders from requiring additional 

21 collateral beyond minimum collat22 eral requirements the Board of 

23 Governors of the Federal Reserve 

24 System may require.’’. 
1642 

•HR 925 EAH 

1 (b) DEADLINE.—Not later than the end of the 5-day 

2 period beginning on the date of enactment of this Act, the 

3 Board of Governors of the Federal Reserve System shall 

4 issue such rules or take such other actions as may be nec5 essary to implement the requirements made by the amend6 ments made by this section. 

7 SEC. 605. OPTIONS FOR SMALL BUSINESSES AND NON8 PROFITS UNDER THE MAIN STREET LENDING 

9 PROGRAM. 

10 (a) IN GENERAL.—Section 4003(c)(3)(D)(ii)(II) of the 

11 CARES Act (15 U.S.C. 9042(c)(3)(D)(ii)(II)), as added by 

12 section 110604, is further amended by adding at the end 

13 the following: 

14 ‘‘(cc) shall provide at least one low-cost loan option 

15 that small businesses, small non-profits, and small institu16 tions of higher education (as such term is defined in section 

17 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

18 1001(a)) are eligible for that does not have a minimum loan 

19 size and includes the ability to defer payments, without 

20 capitalization of interest.’’. 

21 (b) DEADLINE.—Not later than the end of the 5-day 

22 period beginning on the date of enactment of this Act, the 

23 Board of Governors of the Federal Reserve System shall 

24 issue such rules or take such other actions as may be nec-
1643 

•HR 925 EAH 

1 essary to implement the requirements made by the amend2 ments made by this section. 

3 SEC. 606. SAFE BANKING. 

4 (a) SHORT TITLE; PURPOSE.— 

5 (1) SHORT TITLE.—This section may be cited as 

6 the ‘‘Secure And Fair Enforcement Banking Act of 

7 2020’’ or the ‘‘SAFE Banking Act of 2020’’. 

8 (2) PURPOSE.—The purpose of this section is to 

9 increase public safety by ensuring access to financial 

10 services to cannabis-related legitimate businesses and 

11 service providers and reducing the amount of cash at 

12 such businesses. 

13 (b) SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.— 

14 (1) IN GENERAL.—A Federal banking regulator 

15 may not— 

16 (A) terminate or limit the deposit insurance 

17 or share insurance of a depository institution 

18 under the Federal Deposit Insurance Act (12 

19 U.S.C. 1811 et seq.), the Federal Credit Union 

20 Act (12 U.S.C. 1751 et seq.), or take any other 

21 adverse action against a depository institution 

22 under section 8 of the Federal Deposit Insurance 

23 Act (12 U.S.C. 1818) solely because the deposi24 tory institution provides or has provided finan-
1644 

•HR 925 EAH 

1 cial services to a cannabis-related legitimate 

2 business or service provider; 

3 (B) prohibit, penalize, or otherwise discour4 age a depository institution from providing fi5 nancial services to a cannabis-related legitimate 

6 business or service provider or to a State, polit7 ical subdivision of a State, or Indian Tribe that 

8 exercises jurisdiction over cannabis-related legiti9 mate businesses; 

10 (C) recommend, incentivize, or encourage a 

11 depository institution not to offer financial serv12 ices to an account holder, or to downgrade or 

13 cancel the financial services offered to an account 

14 holder solely because— 

15 (i) the account holder is a cannabis-re16 lated legitimate business or service provider, 

17 or is an employee, owner, or operator of a 

18 cannabis-related legitimate business or serv19 ice provider; 

20 (ii) the account holder later becomes an 

21 employee, owner, or operator of a cannabis22 related legitimate business or service pro23 vider; or 

24 (iii) the depository institution was not 

25 aware that the account holder is an em-
1645 

•HR 925 EAH 

1 ployee, owner, or operator of a cannabis-re2 lated legitimate business or service provider; 

3 (D) take any adverse or corrective super4 visory action on a loan made to— 

5 (i) a cannabis-related legitimate busi6 ness or service provider, solely because the 

7 business is a cannabis-related legitimate 

8 business or service provider; 

9 (ii) an employee, owner, or operator of 

10 a cannabis-related legitimate business or 

11 service provider, solely because the em12 ployee, owner, or operator is employed by, 

13 owns, or operates a cannabis-related legiti14 mate business or service provider, as appli15 cable; or 

16 (iii) an owner or operator of real es17 tate or equipment that is leased to a can18 nabis-related legitimate business or service 

19 provider, solely because the owner or oper20 ator of the real estate or equipment leased 

21 the equipment or real estate to a cannabis22 related legitimate business or service pro23 vider, as applicable; or 

24 (E) prohibit or penalize a depository insti25 tution (or entity performing a financial service 
1646 

•HR 925 EAH 

1 for or in association with a depository institu2 tion) for, or otherwise discourage a depository 

3 institution (or entity performing a financial 

4 service for or in association with a depository 

5 institution) from, engaging in a financial service 

6 for a cannabis-related legitimate business or 

7 service provider. 

8 (2) SAFE HARBOR APPLICABLE TO DE NOVO IN9 STITUTIONS.—Paragraph (1) shall apply to an insti10 tution applying for a depository institution charter to 

11 the same extent as such subsection applies to a deposi12 tory institution. 

13 (c) PROTECTIONS FOR ANCILLARY BUSINESSES.—For 

14 the purposes of sections 1956 and 1957 of title 18, United 

15 States Code, and all other provisions of Federal law, the 

16 proceeds from a transaction involving activities of a can17 nabis-related legitimate business or service provider shall 

18 not be considered proceeds from an unlawful activity solely 

19 because— 

20 (1) the transaction involves proceeds from a can21 nabis-related legitimate business or service provider; 

22 or 

23 (2) the transaction involves proceeds from— 
1647 

•HR 925 EAH 

1 (A) cannabis-related activities described in 

2 subsection (n)(4)(B) conducted by a cannabis-re3 lated legitimate business; or 

4 (B) activities described in subsection 

5 (n)(13)(A) conducted by a service provider. 

6 (d) PROTECTIONS UNDER FEDERAL LAW.— 

7 (1) IN GENERAL.—With respect to providing a 

8 financial service to a cannabis-related legitimate 

9 business or service provider within a State, political 

10 subdivision of a State, or Indian country that allows 

11 the cultivation, production, manufacture, sale, trans12 portation, display, dispensing, distribution, or pur13 chase of cannabis pursuant to a law or regulation of 

14 such State, political subdivision, or Indian Tribe that 

15 has jurisdiction over the Indian country, as applica16 ble, a depository institution, entity performing a fi17 nancial service for or in association with a depository 

18 institution, or insurer that provides a financial serv19 ice to a cannabis-related legitimate business or service 

20 provider, and the officers, directors, and employees of 

21 that depository institution, entity, or insurer may not 

22 be held liable pursuant to any Federal law or regula23 tion— 

24 (A) solely for providing such a financial 

25 service; or 
1648 

•HR 925 EAH 

1 (B) for further investing any income de2 rived from such a financial service. 

3 (2) PROTECTIONS FOR FEDERAL RESERVE BANKS

4 AND FEDERAL HOME LOAN BANKS.—With respect to 

5 providing a service to a depository institution that 

6 provides a financial service to a cannabis-related le7 gitimate business or service provider (where such fi8 nancial service is provided within a State, political 

9 subdivision of a State, or Indian country that allows 

10 the cultivation, production, manufacture, sale, trans11 portation, display, dispensing, distribution, or pur12 chase of cannabis pursuant to a law or regulation of 

13 such State, political subdivision, or Indian Tribe that 

14 has jurisdiction over the Indian country, as applica15 ble), a Federal reserve bank or Federal Home Loan 

16 Bank, and the officers, directors, and employees of the 

17 Federal reserve bank or Federal Home Loan Bank, 

18 may not be held liable pursuant to any Federal law 

19 or regulation— 

20 (A) solely for providing such a service; or 

21 (B) for further investing any income de22 rived from such a service. 

23 (3) PROTECTIONS FOR INSURERS.—With respect 

24 to engaging in the business of insurance within a 

25 State, political subdivision of a State, or Indian 
1649 

•HR 925 EAH 

1 country that allows the cultivation, production, man2 ufacture, sale, transportation, display, dispensing, 

3 distribution, or purchase of cannabis pursuant to a 

4 law or regulation of such State, political subdivision, 

5 or Indian Tribe that has jurisdiction over the Indian 

6 country, as applicable, an insurer that engages in the 

7 business of insurance with a cannabis-related legiti8 mate business or service provider or who otherwise en9 gages with a person in a transaction permissible 

10 under State law related to cannabis, and the officers, 

11 directors, and employees of that insurer may not be 

12 held liable pursuant to any Federal law or regula13 tion— 

14 (A) solely for engaging in the business of in15 surance; or 

16 (B) for further investing any income de17 rived from the business of insurance. 

18 (4) FORFEITURE.— 

19 (A) DEPOSITORY INSTITUTIONS.—A deposi20 tory institution that has a legal interest in the 

21 collateral for a loan or another financial service 

22 provided to an owner, employee, or operator of 

23 a cannabis-related legitimate business or service 

24 provider, or to an owner or operator of real es25 tate or equipment that is leased or sold to a can-
1650 

•HR 925 EAH 

1 nabis-related legitimate business or service pro2 vider, shall not be subject to criminal, civil, or 

3 administrative forfeiture of that legal interest 

4 pursuant to any Federal law for providing such 

5 loan or other financial service. 

6 (B) FEDERAL RESERVE BANKS AND FED7 ERAL HOME LOAN BANKS.—A Federal reserve 

8 bank or Federal Home Loan Bank that has a 

9 legal interest in the collateral for a loan or an10 other financial service provided to a depository 

11 institution that provides a financial service to a 

12 cannabis-related legitimate business or service 

13 provider, or to an owner or operator of real es14 tate or equipment that is leased or sold to a can15 nabis-related legitimate business or service pro16 vider, shall not be subject to criminal, civil, or 

17 administrative forfeiture of that legal interest 

18 pursuant to any Federal law for providing such 

19 loan or other financial service. 

20 (e) RULES OF CONSTRUCTION.— 

21 (1) NO REQUIREMENT TO PROVIDE FINANCIAL

22 SERVICES.—Nothing in this section shall require a de23 pository institution, entity performing a financial 

24 service for or in association with a depository institu25 tion, or insurer to provide financial services to a can-
1651 

•HR 925 EAH 

1 nabis-related legitimate business, service provider, or 

2 any other business. 

3 (2) GENERAL EXAMINATION, SUPERVISORY, AND

4 ENFORCEMENT AUTHORITY.—Nothing in this section 

5 may be construed in any way as limiting or other6 wise restricting the general examination, supervisory, 

7 and enforcement authority of the Federal banking reg8 ulators, provided that the basis for any supervisory or 

9 enforcement action is not the provision of financial 

10 services to a cannabis-related legitimate business or 

11 service provider. 

12 (f) REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY

13 REPORTS.—Section 5318(g) of title 31, United States Code, 

14 is amended by adding at the end the following: 

15 ‘‘(5) REQUIREMENTS FOR CANNABIS-RELATED

16 LEGITIMATE BUSINESSES.— 

17 ‘‘(A) IN GENERAL.—With respect to a fi18 nancial institution or any director, officer, em19 ployee, or agent of a financial institution that 

20 reports a suspicious transaction pursuant to this 

21 subsection, if the reason for the report relates to 

22 a cannabis-related legitimate business or service 

23 provider, the report shall comply with appro24 priate guidance issued by the Financial Crimes 

25 Enforcement Network. The Secretary shall ensure 
1652 

•HR 925 EAH 

1 that the guidance is consistent with the purpose 

2 and intent of the SAFE Banking Act of 2020 

3 and does not significantly inhibit the provision 

4 of financial services to a cannabis-related legiti5 mate business or service provider in a State, po6 litical subdivision of a State, or Indian country 

7 that has allowed the cultivation, production, 

8 manufacture, transportation, display, dis9 pensing, distribution, sale, or purchase of can10 nabis pursuant to law or regulation of such 

11 State, political subdivision, or Indian Tribe that 

12 has jurisdiction over the Indian country. 

13 ‘‘(B) DEFINITIONS.—For purposes of this 

14 paragraph: 

15 ‘‘(i) CANNABIS.—The term ‘cannabis’ 

16 has the meaning given the term ‘mari17 huana’ in section 102 of the Controlled Sub18 stances Act (21 U.S.C. 802). 

19 ‘‘(ii) CANNABIS-RELATED LEGITIMATE

20 BUSINESS.—The term ‘cannabis-related le21 gitimate business’ has the meaning given 

22 that term in subsection (n) of the SAFE 

23 Banking Act of 2020. 
1653 

•HR 925 EAH 

1 ‘‘(iii) INDIAN COUNTRY.—The term 

2 ‘Indian country’ has the meaning given 

3 that term in section 1151 of title 18. 

4 ‘‘(iv) INDIAN TRIBE.—The term ‘In5 dian Tribe’ has the meaning given that 

6 term in section 102 of the Federally Recog7 nized Indian Tribe List Act of 1994 (25 

8 U.S.C. 479a). 

9 ‘‘(v) FINANCIAL SERVICE.—The term 

10 ‘financial service’ has the meaning given 

11 that term in subsection (n) of the SAFE 

12 Banking Act of 2020. 

13 ‘‘(vi) SERVICE PROVIDER.—The term 

14 ‘service provider’ has the meaning given 

15 that term in subsection (n) of the SAFE 

16 Banking Act of 2020. 

17 ‘‘(vii) STATE.—The term ‘State’ means 

18 each of the several States, the District of Co19 lumbia, Puerto Rico, and any territory or 

20 possession of the United States.’’. 

21 (g) GUIDANCE AND EXAMINATION PROCEDURES.—Not 

22 later than 180 days after the date of enactment of this Act, 

23 the Financial Institutions Examination Council shall de24 velop uniform guidance and examination procedures for de-
1654 

•HR 925 EAH 

1 pository institutions that provide financial services to can2 nabis-related legitimate businesses and service providers. 

3 (h) ANNUAL DIVERSITY AND INCLUSION REPORT.— 

4 The Federal banking regulators shall issue an annual report 

5 to Congress containing— 

6 (1) information and data on the availability of 

7 access to financial services for minority-owned and 

8 women-owned cannabis-related legitimate businesses; 

9 and 

10 (2) any regulatory or legislative recommenda11 tions for expanding access to financial services for 

12 minority-owned and women-owned cannabis-related 

13 legitimate businesses. 

14 (i) GAO STUDY ON DIVERSITY AND INCLUSION.— 

15 (1) STUDY.—The Comptroller General of the 

16 United States shall carry out a study on the barriers 

17 to marketplace entry, including in the licensing proc18 ess, and the access to financial services for potential 

19 and existing minority-owned and women-owned can20 nabis-related legitimate businesses. 

21 (2) REPORT.—The Comptroller General shall 

22 issue a report to the Congress— 

23 (A) containing all findings and determina24 tions made in carrying out the study required 

25 under paragraph (1); and 
1655 

•HR 925 EAH 

1 (B) containing any regulatory or legislative 

2 recommendations for removing barriers to mar3 ketplace entry, including in the licensing process, 

4 and expanding access to financial services for 

5 potential and existing minority-owned and 

6 women-owned cannabis-related legitimate busi7 nesses. 

8 (j) GAO STUDY ON EFFECTIVENESS OF CERTAIN RE9 PORTS ON FINDING CERTAIN PERSONS.—Not later than 2 

10 years after the date of the enactment of this Act, the Comp11 troller General of the United States shall carry out a study 

12 on the effectiveness of reports on suspicious transactions 

13 filed pursuant to section 5318(g) of title 31, United States 

14 Code, at finding individuals or organizations suspected or 

15 known to be engaged with transnational criminal organiza16 tions and whether any such engagement exists in a State, 

17 political subdivision, or Indian Tribe that has jurisdiction 

18 over Indian country that allows the cultivation, production, 

19 manufacture, sale, transportation, display, dispensing, dis20 tribution, or purchase of cannabis. The study shall examine 

21 reports on suspicious transactions as follows: 

22 (1) During the period of 2014 until the date of 

23 the enactment of this Act, reports relating to mari24 juana-related businesses. 
1656 

•HR 925 EAH 

1 (2) During the 1-year period after date of the en2 actment of this Act, reports relating to cannabis-re3 lated legitimate businesses. 

4 (k) BANKING SERVICES FOR HEMP BUSINESSES.— 

5 (1) FINDINGS.—The Congress finds that— 

6 (A) the Agriculture Improvement Act of 

7 2018 (Public Law 115–334) legalized hemp by 

8 removing it from the definition of ‘‘marihuana’’ 

9 under the Controlled Substances Act; 

10 (B) despite the legalization of hemp, some 

11 hemp businesses (including producers, manufac12 turers, and retailers) continue to have difficulty 

13 gaining access to banking products and services; 

14 and 

15 (C) businesses involved in the sale of hemp16 derived cannabidiol (‘‘CBD’’) products are par17 ticularly affected, due to confusion about their 

18 legal status. 

19 (2) FEDERAL BANKING REGULATOR HEMP BANK20 ING GUIDANCE.—Not later than the end of the 90-day 

21 period beginning on the date of enactment of this Act, 

22 the Federal banking regulators shall jointly issue 

23 guidance to financial institutions— 

24 (A) confirming the legality of hemp, hemp25 derived CBD products, and other hemp-derived 
1657 

•HR 925 EAH 

1 cannabinoid products, and the legality of engag2 ing in financial services with businesses selling 

3 hemp, hemp-derived CBD products, and other 

4 hemp-derived cannabinoid products, after the en5 actment of the Agriculture Improvement Act of 

6 2018; and 

7 (B) to provide recommended best practices 

8 for financial institutions to follow when pro9 viding financial services and merchant proc10 essing services to businesses involved in the sale 

11 of hemp, hemp-derived CBD products, and other 

12 hemp-derived cannabinoid products. 

13 (3) FINANCIAL INSTITUTION DEFINED.—In this 

14 section, the term ‘‘financial institution’’ means any 

15 person providing financial services. 

16 (l) APPLICATION OF SAFE HARBORS TO HEMP AND

17 CBD PRODUCTS.— 

18 (1) IN GENERAL.—Except as provided under 

19 paragraph (2), the provisions of this section (other 

20 than subsections (f) and (j)) shall apply to hemp (in21 cluding hemp-derived cannabidiol and other hemp-de22 rived cannabinoid products) in the same manner as 

23 such provisions apply to cannabis. 

24 (2) RULE OF APPLICATION.—In applying the 

25 provisions of this section described under paragraph 
1658 

•HR 925 EAH 

1 (1) to hemp, the definition of ‘‘cannabis-related legiti2 mate business’’ shall be treated as excluding any re3 quirement to engage in activity pursuant to the law 

4 of a State or political subdivision thereof. 

5 (3) HEMP DEFINED.—In this subsection, the 

6 term ‘‘hemp’’ has the meaning given that term under 

7 section 297A of the Agricultural Marketing Act of 

8 1946 (7 U.S.C. 1639o). 

9 (m) REQUIREMENTS FOR DEPOSIT ACCOUNT TERMI10 NATION REQUESTS AND ORDERS.— 

11 (1) TERMINATION REQUESTS OR ORDERS MUST

12 BE VALID.— 

13 (A) IN GENERAL.—An appropriate Federal 

14 banking agency may not formally or informally 

15 request or order a depository institution to ter16 minate a specific customer account or group of 

17 customer accounts or to otherwise restrict or dis18 courage a depository institution from entering 

19 into or maintaining a banking relationship with 

20 a specific customer or group of customers un21 less— 

22 (i) the agency has a valid reason for 

23 such request or order; and 

24 (ii) such reason is not based solely on 

25 reputation risk. 
1659 

•HR 925 EAH 

1 (B) TREATMENT OF NATIONAL SECURITY

2 THREATS.—If an appropriate Federal banking 

3 agency believes a specific customer or group of 

4 customers is, or is acting as a conduit for, an 

5 entity which— 

6 (i) poses a threat to national security; 

7 (ii) is involved in terrorist financing; 

8 (iii) is an agency of the Government of 

9 Iran, North Korea, Syria, or any country 

10 listed from time to time on the State Spon11 sors of Terrorism list; 

12 (iv) is located in, or is subject to the 

13 jurisdiction of, any country specified in 

14 clause (iii); or 

15 (v) does business with any entity de16 scribed in clause (iii) or (iv), unless the ap17 propriate Federal banking agency deter18 mines that the customer or group of cus19 tomers has used due diligence to avoid 

20 doing business with any entity described in 

21 clause (iii) or (iv), 

22 such belief shall satisfy the requirement under 

23 subparagraph (A). 

24 (2) NOTICE REQUIREMENT.— 
1660 

•HR 925 EAH 

1 (A) IN GENERAL.—If an appropriate Fed2 eral banking agency formally or informally re3 quests or orders a depository institution to ter4 minate a specific customer account or a group of 

5 customer accounts, the agency shall— 

6 (i) provide such request or order to the 

7 institution in writing; and 

8 (ii) accompany such request or order 

9 with a written justification for why such 

10 termination is needed, including any spe11 cific laws or regulations the agency believes 

12 are being violated by the customer or group 

13 of customers, if any. 

14 (B) JUSTIFICATION REQUIREMENT.—A jus15 tification described under subparagraph (A)(ii) 

16 may not be based solely on the reputation risk 

17 to the depository institution. 

18 (3) CUSTOMER NOTICE.— 

19 (A) NOTICE REQUIRED.—Except as pro20 vided under subparagraph (B) or as otherwise 

21 prohibited from being disclosed by law, if an ap22 propriate Federal banking agency orders a de23 pository institution to terminate a specific cus24 tomer account or a group of customer accounts, 

25 the depository institution shall inform the spe-
1661 

•HR 925 EAH 

1 cific customer or group of customers of the jus2 tification for the customer’s account termination 

3 described under paragraph (2). 

4 (B) NOTICE PROHIBITED.— 

5 (i) NOTICE PROHIBITED IN CASES OF

6 NATIONAL SECURITY.—If an appropriate 

7 Federal banking agency requests or orders a 

8 depository institution to terminate a spe9 cific customer account or a group of cus10 tomer accounts based on a belief that the 

11 customer or customers pose a threat to na12 tional security, or are otherwise described 

13 under subsection (a)(2), neither the deposi14 tory institution nor the appropriate Federal 

15 banking agency may inform the customer or 

16 customers of the justification for the cus17 tomer’s account termination. 

18 (ii) NOTICE PROHIBITED IN OTHER

19 CASES.—If an appropriate Federal banking 

20 agency determines that the notice required 

21 under subparagraph (A) may interfere with 

22 an authorized criminal investigation, nei23 ther the depository institution nor the ap24 propriate Federal banking agency may in25 form the specific customer or group of cus-
1662 

•HR 925 EAH 

1 tomers of the justification for the customer’s 

2 account termination. 

3 (4) REPORTING REQUIREMENT.—Each appro4 priate Federal banking agency shall issue an annual 

5 report to the Congress stating— 

6 (A) the aggregate number of specific cus7 tomer accounts that the agency requested or or8 dered a depository institution to terminate dur9 ing the previous year; and 

10 (B) the legal authority on which the agency 

11 relied in making such requests and orders and 

12 the frequency on which the agency relied on each 

13 such authority. 

14 (5) DEFINITIONS.—For purposes of this sub15 section: 

16 (A) APPROPRIATE FEDERAL BANKING AGEN17 CY.—The term ‘‘appropriate Federal banking 

18 agency’’ means— 

19 (i) the appropriate Federal banking 

20 agency, as defined under section 3 of the 

21 Federal Deposit Insurance Act (12 U.S.C. 

22 1813); and 

23 (ii) the National Credit Union Admin24 istration, in the case of an insured credit 

25 union. 
1663 

•HR 925 EAH 

1 (B) DEPOSITORY INSTITUTION.—The term 

2 ‘‘depository institution’’ means— 

3 (i) a depository institution, as defined 

4 under section 3 of the Federal Deposit In5 surance Act (12 U.S.C. 1813); and 

6 (ii) an insured credit union. 

7 (n) DEFINITIONS.—In this section: 

8 (1) BUSINESS OF INSURANCE.—The term ‘‘busi9 ness of insurance’’ has the meaning given such term 

10 in section 1002 of the Dodd-Frank Wall Street Re11 form and Consumer Protection Act (12 U.S.C. 5481). 

12 (2) CANNABIS.—The term ‘‘cannabis’’ has the 

13 meaning given the term ‘‘marihuana’’ in section 102 

14 of the Controlled Substances Act (21 U.S.C. 802). 

15 (3) CANNABIS PRODUCT.—The term ‘‘cannabis 

16 product’’ means any article which contains cannabis, 

17 including an article which is a concentrate, an edible, 

18 a tincture, a cannabis-infused product, or a topical. 

19 (4) CANNABIS-RELATED LEGITIMATE BUSI20 NESS.—The term ‘‘cannabis-related legitimate busi21 ness’’ means a manufacturer, producer, or any person 

22 or company that— 

23 (A) engages in any activity described in 

24 subparagraph (B) pursuant to a law established 

25 by a State or a political subdivision of a State, 
1664 

•HR 925 EAH 

1 as determined by such State or political subdivi2 sion; and 

3 (B) participates in any business or orga4 nized activity that involves handling cannabis or 

5 cannabis products, including cultivating, pro6 ducing, manufacturing, selling, transporting, 

7 displaying, dispensing, distributing, or pur8 chasing cannabis or cannabis products. 

9 (5) DEPOSITORY INSTITUTION.—The term ‘‘de10 pository institution’’ means— 

11 (A) a depository institution as defined in 

12 section 3(c) of the Federal Deposit Insurance Act 

13 (12 U.S.C. 1813(c)); 

14 (B) a Federal credit union as defined in 

15 section 101 of the Federal Credit Union Act (12 

16 U.S.C. 1752); or 

17 (C) a State credit union as defined in sec18 tion 101 of the Federal Credit Union Act (12 

19 U.S.C. 1752). 

20 (6) FEDERAL BANKING REGULATOR.—The term 

21 ‘‘Federal banking regulator’’ means each of the Board 

22 of Governors of the Federal Reserve System, the Bu23 reau of Consumer Financial Protection, the Federal 

24 Deposit Insurance Corporation, the Federal Housing 

25 Finance Agency, the Financial Crimes Enforcement 
1665 

•HR 925 EAH 

1 Network, the Office of Foreign Asset Control, the Of2 fice of the Comptroller of the Currency, the National 

3 Credit Union Administration, the Department of the 

4 Treasury, or any Federal agency or department that 

5 regulates banking or financial services, as determined 

6 by the Secretary of the Treasury. 

7 (7) FINANCIAL SERVICE.—The term ‘‘financial 

8 service’’— 

9 (A) means a financial product or service, as 

10 defined in section 1002 of the Dodd-Frank Wall 

11 Street Reform and Consumer Protection Act (12 

12 U.S.C. 5481); 

13 (B) includes the business of insurance; 

14 (C) includes, whether performed directly or 

15 indirectly, the authorizing, processing, clearing, 

16 settling, billing, transferring for deposit, trans17 mitting, delivering, instructing to be delivered, 

18 reconciling, collecting, or otherwise effectuating 

19 or facilitating of payments or funds, where such 

20 payments or funds are made or transferred by 

21 any means, including by the use of credit cards, 

22 debit cards, other payment cards, or other access 

23 devices, accounts, original or substitute checks, or 

24 electronic funds transfers; 
1666 

•HR 925 EAH 

1 (D) includes acting as a money transmit2 ting business which directly or indirectly makes 

3 use of a depository institution in connection 

4 with effectuating or facilitating a payment for a 

5 cannabis-related legitimate business or service 

6 provider in compliance with section 5330 of title 

7 31, United States Code, and any applicable 

8 State law; and 

9 (E) includes acting as an armored car serv10 ice for processing and depositing with a deposi11 tory institution or a Federal reserve bank with 

12 respect to any monetary instruments (as defined 

13 under section 1956(c)(5) of title 18, United 

14 States Code. 

15 (8) INDIAN COUNTRY.—The term ‘‘Indian coun16 try’’ has the meaning given that term in section 1151 

17 of title 18. 

18 (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

19 has the meaning given that term in section 102 of the 

20 Federally Recognized Indian Tribe List Act of 1994 

21 (25 U.S.C. 479a). 

22 (10) INSURER.—The term ‘‘insurer’’ has the 

23 meaning given that term under section 313(r) of title 

24 31, United States Code. 
1667 

•HR 925 EAH 

1 (11) MANUFACTURER.—The term ‘‘manufac2 turer’’ means a person who manufactures, compounds, 

3 converts, processes, prepares, or packages cannabis or 

4 cannabis products. 

5 (12) PRODUCER.—The term ‘‘producer’’ means a 

6 person who plants, cultivates, harvests, or in any way 

7 facilitates the natural growth of cannabis. 

8 (13) SERVICE PROVIDER.—The term ‘‘service 

9 provider’’— 

10 (A) means a business, organization, or other 

11 person that— 

12 (i) sells goods or services to a cannabis13 related legitimate business; or 

14 (ii) provides any business services, in15 cluding the sale or lease of real or any other 

16 property, legal or other licensed services, or 

17 any other ancillary service, relating to can18 nabis; and 

19 (B) does not include a business, organiza20 tion, or other person that participates in any 

21 business or organized activity that involves han22 dling cannabis or cannabis products, including 

23 cultivating, producing, manufacturing, selling, 

24 transporting, displaying, dispensing, distrib-
1668 

•HR 925 EAH 

1 uting, or purchasing cannabis or cannabis prod2 ucts. 

3 (14) STATE.—The term ‘‘State’’ means each of 

4 the several States, the District of Columbia, Puerto 

5 Rico, and any territory or possession of the United 

6 States. 

7 (o) DISCRETIONARY SURPLUS FUNDS.—Section 

8 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 

9 289(a)(3)(A)) is amended by striking ‘‘$6,825,000,000’’ and 

10 inserting ‘‘$6,821,000,000’’. 

11 SEC. 607. SUPPORT FOR RESTAURANTS. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Real Economic Support That Acknowledges Unique Res14 taurant Assistance Needed To Survive Act of 2020’’ or the 

15 ‘‘RESTAURANTS Act of 2020’’. 

16 (b) DEFINITIONS.—In this section: 

17 (1) COVERED PERIOD.—The term ‘‘covered pe18 riod’’ means the period beginning on February 15, 

19 2020, and ending on June 30, 2021. 

20 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’— 

22 (A) means a restaurant, food stand, food 

23 truck, food cart, caterer, saloon, inn, tavern, bar, 

24 lounge, brewpub, tasting room, taproom, licensed 

25 facility, or premise of a beverage alcohol pro-
1669 

•HR 925 EAH 

1 ducer where the public may taste, sample or pur2 chase products, or other similar place of busi3 ness— 

4 (i) in which the public or patrons as5 semble for the primary purpose of being 

6 served food or drink; and 

7 (ii) that, as of March 13, 2020, is not 

8 part of a chain or franchise with more than 

9 20 locations doing business under the same 

10 name, regardless of the type of ownership of 

11 the locations; 

12 (B) means an entity that is located in an 

13 airport terminal and that, as of March 13, 2020, 

14 sold any food and beverage, if, as of March 13, 

15 2020, the entity is not part of a chain or fran16 chise with more than 20 locations doing business 

17 under the same name, regardless of the type of 

18 ownership of the locations; and 

19 (C) does not include an entity described in 

20 subparagraph (A) or (B) that is— 

21 (i) publicly-traded, including a sub22 sidiary or affiliate thereof; or 

23 (ii) part of a State or local government 

24 facility, not including an airport. 
1670 

•HR 925 EAH 

1 (3) FUND.—The term ‘‘Fund’’ means the Res2 taurant Revitalization Fund established under section 

3 subsection (c). 

4 (4) IMMEDIATE FAMILY MEMBER.—With respect 

5 to an individual, the term ‘‘immediate family mem6 ber’’ means any parent or child of the individual. 

7 (5) PAYROLL COSTS.—The term ‘‘payroll costs’’ 

8 has the meaning given the term in section 7(a)(36)(A) 

9 of the Small Business Act (15 U.S.C. 636(a)(36)(A)). 

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

11 the Secretary of the Treasury. 

12 (c) ESTABLISHMENT OF A RESTAURANT REVITALIZA13 TION FUND.— 

14 (1) IN GENERAL.—There is established in the 

15 Treasury of the United States a fund to be known as 

16 the Restaurant Revitalization Fund. 

17 (2) APPROPRIATIONS.— 

18 (A) IN GENERAL.—There is appropriated to 

19 the Fund, out of amounts in the Treasury not 

20 otherwise appropriated, $120,000,000,000, to re21 main available until June 30, 2021. 

22 (B) REMAINDER TO TREASURY.—Any 

23 amounts remaining in the Fund after June 30, 

24 2021 shall be deposited in the general fund of the 

25 Treasury. 
1671 

•HR 925 EAH 

1 (3) USE OF FUNDS.—The Secretary shall use 

2 amounts in the Fund to make grants described in sec3 tion subsection (d). 

4 (d) RESTAURANT REVITALIZATION GRANTS.— 

5 (1) IN GENERAL.—The Secretary shall award 

6 grants to eligible entities in the order in which the 

7 application is received by the Secretary. 

8 (2) REGISTRATION.—The Secretary shall register 

9 each grant awarded under this subsection using the 

10 employer identification number of the eligible entity. 

11 (3) APPLICATION.— 

12 (A) IN GENERAL.—An eligible entity desir13 ing a grant under this subsection shall submit to 

14 the Secretary an application at such time, in 

15 such manner, and containing such information 

16 as the Secretary may require. 

17 (B) CERTIFICATION.—An eligible entity ap18 plying for a grant under this subsection shall 

19 make a good faith certification— 

20 (i) that the uncertainty of current eco21 nomic conditions makes necessary the grant 

22 request to support the ongoing operations of 

23 the eligible entity; 

24 (ii) acknowledging that funds will be 

25 used to retain workers, for payroll costs, 
1672 

•HR 925 EAH 

1 and for other allowable expenses described 

2 in paragraph (5) and not for any other 

3 purposes; 

4 (iii) that the eligible entity does not 

5 have an application pending for a grant 

6 under subsection (a)(36) or (b)(2) of section 

7 7 of the Small Business Act (15 U.S.C. 636) 

8 for the same purpose and that is duplicative 

9 of amounts applied for or received under 

10 this section; and 

11 (iv) during the covered period, that the 

12 eligible entity has not received amounts 

13 under subsection (a)(36) or (b)(2) of section 

14 7 of the Small Business Act (15 U.S.C. 636) 

15 for the same purpose and that is duplicative 

16 of amounts applied for or received under 

17 this section. 

18 (C) HOLD HARMLESS.—An eligible entity 

19 applying for a grant under this subsection shall 

20 not be ineligible for a grant if the eligible entity 

21 is able to document— 

22 (i) an inability to rehire individuals 

23 who were employees of the eligible entity on 

24 February 15, 2020; and 
1673 

•HR 925 EAH 

1 (ii) an inability to hire similarly 

2 qualified employees for unfilled positions on 

3 or before June 30, 2021. 

4 (4) PRIORITY IN AWARDING GRANTS.—During 

5 the initial 14-day period in which the Secretary 

6 awards grants under this subsection, the Secretary 

7 shall— 

8 (A) prioritize awarding grants to 

9 marginalized and underrepresented communities, 

10 with a focus on women- and minority-owned, 

11 and women- and minority-operated eligible enti12 ties; and 

13 (B) only award grants to eligible entities 

14 with annual revenues of less than $1,500,000. 

15 (5) GRANT AMOUNT.— 

16 (A) DETERMINATION OF GRANT AMOUNT.— 

17 (i) IN GENERAL.—The amount of a 

18 grant made to an eligible entity under this 

19 subsection shall be equal to— 

20 (I) the sum of the revenues or esti21 mated revenues of the eligible entity 

22 during each calendar quarter in 2020 

23 subtracted from the sum of such reve24 nues during the same calendar quarter 
1674 

•HR 925 EAH 

1 in 2019, if such sum is greater than 

2 zero; and 

3 (II) if applicable, the additional 

4 amount required to pay for sick leave 

5 described under clause (ii). 

6 (ii) SICK LEAVE.—An eligible entity 

7 applying for a grant under this section— 

8 (I) may request an additional 

9 grant amount based on the amount re10 quired to provide 10 days of paid sick 

11 leave to each employee of the entity 

12 to— 

13 (aa) care for themselves or 

14 an immediate family member who 

15 is ill; or 

16 (bb) provide care for children 

17 when schools or childcare pro18 viders are shut down due to 

19 COVID–19; and 

20 (II) shall, if provided a grant 

21 under this section that includes an ad22 ditional amount for sick leave de23 scribed under subclause (I), provide 

24 each employee of the entity with such 

25 10 days of paid sick leave. 
1675 

•HR 925 EAH 

1 (iii) VERIFICATION.—An eligible entity 

2 shall submit to the Secretary such revenue 

3 verification documentation as the Secretary 

4 may require to determine the amount of a 

5 grant under clause (i). 

6 (iv) REPAYMENT.—Any amount of a 

7 grant made under this subsection to an eli8 gible entity based on estimated revenues in 

9 a calendar quarter in 2020 that is greater 

10 than the actual revenues of the eligible enti11 ty during that calendar quarter shall be 

12 converted to a loan that has— 

13 (I) an interest rate of 1 percent; 

14 and 

15 (II) a maturity date of 10 years 

16 beginning on January 1, 2021. 

17 (B) REDUCTION BASED ON PPP FORGIVE18 NESS OR EIDL EMERGENCY GRANT.—If an eligi19 ble entity has, at the time of application for a 

20 grant under this subsection, received an advance 

21 under section 1110(e) of the CARES Act (15 

22 U.S.C. 9009(e)) or loan forgiveness under section 

23 1106 of such Act (15 U.S.C. 9005) related to ex24 penses incurred during the covered period, the 

25 maximum amount of a grant awarded to the eli-
1676 

•HR 925 EAH 

1 gible entity under this subsection shall be re2 duced by the amount of funds expended by or 

3 forgiven for the eligible entity for those expenses 

4 using amounts received under such section 

5 1110(e) or forgiven under such section 1106. 

6 (C) LIMITATION.—An eligible entity may 

7 not receive more than 1 grant under this sub8 section. 

9 (6) USE OF FUNDS.— 

10 (A) IN GENERAL.—During the covered pe11 riod, an eligible entity that receives a grant 

12 under this subsection may use the grant funds 

13 for— 

14 (i) payroll costs; 

15 (ii) payments of principal or interest 

16 on any mortgage obligation; 

17 (iii) rent payments, including rent 

18 under a lease agreement; 

19 (iv) utilities; 

20 (v) maintenance, including construc21 tion to accommodate outdoor seating; 

22 (vi) supplies, including protective 

23 equipment and cleaning materials; 

24 (vii) food, beverage, and operational 

25 expenses that are within the scope of the 
1677 

•HR 925 EAH 

1 normal business practice of the eligible enti2 ty before the covered period; 

3 (viii) debt obligations to suppliers that 

4 were incurred before the covered period; 

5 (ix) costs associated with providing 

6 employees with 10 days of sick leave, as de7 scribed under paragraph (5)(A)(ii); and 

8 (x) any other expenses that the Sec9 retary determines to be essential to main10 taining the eligible entity. 

11 (B) RETURNING FUNDS.—If an eligible en12 tity that receives a grant under this subsection 

13 permanently ceases operations on or before June 

14 30, 2021, the eligible entity shall return to the 

15 Treasury any funds that the eligible entity did 

16 not use for the allowable expenses under subpara17 graph (A). 

18 (C) CONVERSION TO LOAN.—Any grant 

19 amounts received by an eligible entity under this 

20 subsection that are unused after June 30, 2021, 

21 shall be immediately converted to a loan with— 

22 (i) an interest rate of 1 percent; and 

23 (ii) a maturity date of 10 years. 

24 (7) REGULATIONS.—Not later than 15 days after 

25 the date of enactment of this Act, the Secretary shall 
1678 

•HR 925 EAH 

1 issue regulations to carry out this subsection without 

2 regard to the notice and comment requirements under 

3 section 553 of title 5, United States Code. 

4 (8) APPROPRIATIONS FOR STAFFING AND ADMIN5 ISTRATIVE EXPENSES.— 

6 (A) IN GENERAL.—Of the amounts provided 

7 by paragraph (2)(A), $300,000,000 shall be for 

8 staffing and administrative expenses related to 

9 administering grants awarded under this sub10 section. 

11 (B) SET ASIDE.—Of amounts provided 

12 under subparagraph (A), $60,000,000 shall be al13 located for outreach to traditionally 

14 marginalized and underrepresented communities, 

15 with a focus on women, veteran, and minority16 owned and operated eligible entities, including 

17 the creation of a resource center targeted toward 

18 these communities. 

19 (e) LIMITATION WITH RESPECT TO PRIVATE FUNDS.— 

20 (1) IN GENERAL.—No amounts received under 

21 this section may be directly or indirectly used to pay 

22 distributions, dividends, consulting fees, advisory fees, 

23 interest payments, or any other fees, expenses, or 

24 charges to— 
1679 

•HR 925 EAH 

1 (A) a person registered as an investment 

2 adviser under the Investment Advisers Act of 

3 1940 who advises a private fund; 

4 (B) any affiliate of such adviser; 

5 (C) any executive of such adviser or affil6 iate; or 

7 (D) any employee, consultant, or other per8 son with a contractual relationship to provide 

9 services for or on behalf of such adviser or affil10 iate. 

11 (2) ANTI-EVASION.—No company in which a 

12 private fund holds an ownership interest that has, di13 rectly or indirectly, received amounts under this title 

14 may pay any distributions, dividends, consulting fees, 

15 advisory fees, interest payments, or any other fees, ex16 penses, or charges in excess of 10 percent of such com17 pany’s net operating profits for the calendar year 

18 ending December 31, 2020 (and for each successive 

19 year until the covered period has ended and all loans 

20 created under this section have been repaid) to— 

21 (A) a person registered as an investment 

22 adviser under the Investment Advisers Act of 

23 1940 who advises a private fund; 

24 (B) any affiliate of such adviser; 
1680 

•HR 925 EAH 

1 (C) any executive of such adviser or affil2 iate; or 

3 (D) any employee, consultant, or other per4 son with a contractual relationship to provide 

5 services for or on behalf of such adviser or affil6 iate. 

7 (3) DEFINITIONS.—In this section: 

8 (A) AFFILIATE.—The term ‘‘affiliate’’ 

9 means, with respect to a person, any other per10 son directly or indirectly controlling, controlled 

11 by, or under direct or indirect common control 

12 with such person. A person shall be deemed to 

13 control another person if such person possesses, 

14 directly or indirectly, the power to direct or 

15 cause the direction of the management and poli16 cies of such other person, whether through the 

17 ownership of voting securities, by contract, or 

18 otherwise. 

19 (B) EXECUTIVE.—The term ‘‘executive’’ 

20 means— 

21 (i) any individual who serves an exec22 utive or director of a person, including the 

23 principal executive officer, principal finan24 cial officer, comptroller or principal ac25 counting officer; and 
1681 

•HR 925 EAH 

1 (ii) an executive officer, as defined 

2 under section 230.405 of title 17, Code of 

3 Federal Regulations. 

4 (C) PRIVATE FIND.—The term ‘‘private 

5 fund’’ means an issuer that would be an invest6 ment company, as defined in the Investment 

7 Company Act of 1940 (15 U.S.C. 80a-1 et seq.), 

8 but for section 3(c)(1) or 3(c)(7) of that Act. 

9 (f) DEMOGRAPHIC DATA AND TRANSPARENCY.— 

10 (1) DEMOGRAPHIC DATA.—In establishing an 

11 application process for carrying out this section, the 

12 Secretary shall include a voluntary request for certain 

13 demographic data with respect to the majority owner14 ship of eligible entities, including race, ethnicity, gen15 der, and veteran-status. 

16 (2) MONTHLY REPORTS.—Not later than the end 

17 of the first month in which initial grants are dis18 bursed under this section, and every month thereafter 

19 until the date on which the last grant has been dis20 bursed under this section, the Secretary shall submit 

21 to the Committee on Financial Services of the House 

22 of Representatives and the Committee on Banking, 

23 Housing, and Urban Affairs of the Senate a report 

24 providing the number and dollar amount of grants 

25 approved for or disbursed to all eligible entities, in-
1682 

•HR 925 EAH 

1 cluding a list of eligible entities with the grant 

2 amount they received, and a breakout of the number 

3 and dollar of grants by State, congressional district, 

4 demographics (including race, ethnicity, gender, and 

5 veteran-status), and business type. 

6 (3) QUARTERLY REPORTS.— Beginning on Jan7 uary 1, 2021, and every subsequent quarter until the 

8 last grant that was converted to a loan under this sec9 tion is repaid, the Secretary shall submit to the Com10 mittee on Financial Services of the House of Rep11 resentatives and the Committee on Banking, Housing, 

12 and Urban Affairs of the Senate a report on the num13 ber and dollar amount of grants approved for or dis14 bursed to all eligible entities, including a breakout of 

15 grants by State, congressional district, demographics 

16 (including race, ethnicity, gender, and veteran-sta17 tus), and business type, as well as the number and 

18 dollar amount of grants that converted to loans under 

19 this section, including a breakout of outstanding 

20 loans by State, congressional district, demographics 

21 (including race, ethnicity, gender, and veteran-sta22 tus), and business type. 

23 (4) DATA TRANSPARENCY.—Not later than 30 

24 days after the date of enactment of this Act, the Sec25 retary shall make available on a publicly available 
1683 

•HR 925 EAH 

1 website in a standardized and downloadable format, 

2 and update on a monthly basis, any data contained 

3 in a report submitted under this section. 

4 SEC. 608. CODIFICATION OF THE MINORITY BUSINESS DE5 VELOPMENT ADMINISTRATION. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATION.—The term ‘‘Administra8 tion’’ means the Minority Business Development Ad9 ministration. 

10 (2) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Minority 

12 Business Development Administration. 

13 (3) COVERED ENTITY.—The term ‘‘covered enti14 ty’’ means a private nonprofit organization that— 

15 (A) is described in section 501(c)(3) of the 

16 Internal Revenue Code of 1986 and exempt from 

17 tax under section 501(a) of such Code; 

18 (B) can demonstrate to the Administration 

19 that— 

20 (i) the primary mission of the organi21 zation is to provide services to minority 

22 business enterprises, whether through edu23 cation, making grants, or other similar ac24 tivities; and 
1684 

•HR 925 EAH 

1 (ii) the organization is unable to pay 

2 financial obligations incurred by the orga3 nization, including payroll obligations; and 

4 (C) due to the effects of COVID–19, is un5 able to engage in the same level of fundraising 

6 in the year in which this Act is enacted, as com7 pared with the year preceding the year in which 

8 this Act is enacted, including through events or 

9 the collection of fees. 

10 (4) MINORITY.—The term ‘‘minority’’ has the 

11 meaning given the term in section 308(b) of the Fi12 nancial Institutions Reform, Recovery, and Enforce13 ment Act of 1989 and includes any indigenous person 

14 in the United States or the territories of the United 

15 States. 

16 (5) MINORITY BUSINESS DEVELOPMENT CEN17 TER.—The term ‘‘minority business development cen18 ter’’ means a Business Center of the Administration, 

19 including its Specialty Center Program. 

20 (6) MINORITY BUSINESS ENTERPRISE.—The 

21 term ‘‘minority business enterprise’’ means a for-prof22 it business enterprise— 

23 (A) that is not less than 51 percent-owned 

24 by 1 or more minority individuals; and 
1685 

•HR 925 EAH 

1 (B) the management and daily business op2 erations of which are controlled by 1 or more mi3 nority individuals. 

4 (b) MINORITY BUSINESS DEVELOPMENT ADMINISTRA5 TION.— 

6 (1) ESTABLISHMENT.— 

7 (A) IN GENERAL.—The Minority Business 

8 Development Administration is hereby estab9 lished. 

10 (B) TRANSFER OF FUNCTIONS.—All func11 tions that, immediately before the date of enact12 ment of this Act, were functions of the Minority 

13 Business Development Agency of the Department 

14 of Commerce shall be functions of the Adminis15 tration. 

16 (C) TRANSFER OF ASSETS.—So much of the 

17 personnel, property, records, and unexpended 

18 balances of appropriations, allocations, and 

19 other funds employed, used, held, available, or to 

20 be made available in connection with a function 

21 transferred under subparagraph (B) shall be 

22 available to the Administration for use in con23 nection with the functions transferred. 

24 (D) REFERENCES.—Any reference in any 

25 other Federal law, Executive order, rule, regula-
1686 

•HR 925 EAH 

1 tion, or delegation of authority, or any document 

2 of or pertaining to the Minority Business Devel3 opment Agency of the Department of Commerce 

4 is deemed to refer to the Administration. 

5 (2) ADMINISTRATOR.— 

6 (A) APPOINTMENT AND DUTIES.—The Ad7 ministration shall be headed by an Adminis8 trator, who shall be— 

9 (i) appointed by the President, by and 

10 with the advice and consent of the Senate; 

11 and 

12 (ii) except as otherwise expressly pro13 vided, responsible for the administration of 

14 this Act. 

15 (B) COMPENSATION.—The Administrator 

16 shall be compensated at an annual rate of basic 

17 pay prescribed for level IV of the Executive 

18 Schedule under section 5315 of title 5, United 

19 States Code. 

20 (C) TRANSITION PERIOD.—The individual 

21 serving as the Director of the Minority Business 

22 Development Agency on the day before the date 

23 of enactment of this Act shall serve as the Ad24 ministrator of the Administration until such 
1687 

•HR 925 EAH 

1 time as the first Administrator is confirmed by 

2 the Senate pursuant to subparagraph (A). 

3 (3) REPORT TO CONGRESS.—Not later than 120 

4 days after the date of enactment of this Act, the Ad5 ministrator shall submit to Congress a report that de6 scribes the organizational structure of the Adminis7 tration. 

8 (4) ADMINISTRATIVE POWERS AND OTHER POW9 ERS OF THE ADMINISTRATION; MISCELLANEOUS PRO10 VISIONS.— 

11 (A) IN GENERAL.—In carrying out the du12 ties and the responsibilities of the Administra13 tion, the Administrator may— 

14 (i) hold hearings, sit and act, and take 

15 testimony as the Administrator may deter16 mine to be necessary or appropriate; 

17 (ii) acquire, in any lawful manner, 

18 any property that the Administrator may 

19 determine to be necessary or appropriate; 

20 (iii) make advance payments under 

21 grants, contracts, and cooperative agree22 ments awarded by the Administration; 

23 (iv) enter into agreements with other 

24 Federal agencies; 
1688 

•HR 925 EAH 

1 (v) coordinate with the heads of the Of2 fices of Small and Disadvantaged Business 

3 Utilization of Federal agencies; 

4 (vi) require a coordinated review of all 

5 training and technical assistance activities 

6 that are proposed to be carried out by Fed7 eral agencies in direct support of the devel8 opment of minority business enterprises 

9 to— 

10 (I) assure consistency with the 

11 purposes of this Act; and 

12 (II) avoid duplication of existing 

13 efforts; and 

14 (vii) prescribe such rules, regulations, 

15 and procedures as the Administration may 

16 determine to be necessary or appropriate. 

17 (B) EMPLOYMENT OF CERTAIN EXPERTS

18 AND CONSULTANTS.— 

19 (i) IN GENERAL.—The Administrator 

20 may employ experts and consultants or or21 ganizations that are composed of experts or 

22 consultants, as authorized under section 

23 3109 of title 5, United States Code. 

24 (ii) RENEWAL OF CONTRACTS.—The 

25 Administrator may annually renew a con-
1689 

•HR 925 EAH 

1 tract for employment of an individual em2 ployed under clause (i). 

3 (C) DONATION OF PROPERTY.— 

4 (i) IN GENERAL.—Subject to clause 

5 (ii), the Administrator may, without cost 

6 (except for costs of care and handling), do7 nate for use by any public sector entity, or 

8 by any recipient nonprofit organization, for 

9 the purpose of the development of minority 

10 business enterprises, any real or tangible 

11 personal property acquired by the Adminis12 tration. 

13 (ii) TERMS, CONDITIONS, RESERVA14 TIONS, AND RESTRICTIONS.—The Adminis15 trator may impose reasonable terms, condi16 tions, reservations, and restrictions upon 

17 the use of any property donated under 

18 clause (i). 

19 (c) EMERGENCY GRANTS TO NON-PROFITS THAT SUP20 PORT MINORITY BUSINESS ENTERPRISES.— 

21 (1) ESTABLISHMENT.—Not later than 15 days 

22 after the date of enactment of this Act, the Adminis23 tration shall establish a grant program for covered 

24 entities— 
1690 

•HR 925 EAH 

1 (A) in order to help those covered entities 

2 continue the necessary work of supporting mi3 nority business enterprises; and 

4 (B) under which the Administration shall 

5 make grants to covered entities as expeditiously 

6 as possible. 

7 (2) APPLICATION.— 

8 (A) IN GENERAL.—A covered entity desiring 

9 a grant under this subsection shall submit to the 

10 Administration an application at such time, in 

11 such manner, and containing such information 

12 as the Administration may require. 

13 (B) PRIORITY.—The Administration 

14 shall— 

15 (i) establish selection criteria to ensure 

16 that, if the amounts made available to carry 

17 out this subsection are not sufficient to 

18 make a grant under this subsection to every 

19 covered entity that submits an application 

20 under subparagraph (A), the covered enti21 ties that are the most severely affected by 

22 the effects of COVID–19 receive priority 

23 with respect to those grants; and 

24 (ii) give priority with respect to the 

25 grants made under this subsection to a cov-
1691 

•HR 925 EAH 

1 ered entity that proposes to use the grant 

2 funds for— 

3 (I) providing paid sick leave to 

4 employees of the covered entity who are 

5 unable to work due to the direct effects 

6 of COVID–19; 

7 (II) continuing to make payroll 

8 payments in order to retain employees 

9 of the covered entity during an eco10 nomic disruption with respect to 

11 COVID–19; 

12 (III) making rent or mortgage 

13 payments with respect to obligations of 

14 the covered entity; or 

15 (IV) repaying non-Federal obliga16 tions that the covered entity cannot 

17 satisfy because of revenue losses that 

18 are attributable to the effects of 

19 COVID–19. 

20 (3) AMOUNT OF GRANT.— 

21 (A) IN GENERAL.—A grant made under this 

22 subsection shall be in an amount that is not 

23 more than $500,000. 
1692 

•HR 925 EAH 

1 (B) SINGLE AWARD.—No covered entity 

2 may receive, or directly benefit from, more than 

3 1 grant made under this subsection. 

4 (4) USE OF FUNDS.—A covered entity that re5 ceives a grant under this subsection may use the 

6 grant funds to address the effects of COVID–19 on the 

7 covered entity, including by making payroll pay8 ments, making a transition to the provision of online 

9 services, and addressing issues raised by an inability 

10 to raise funds. 

11 (5) PROCEDURES.—The Administration shall es12 tablish procedures to discourage and prevent waste, 

13 fraud, and abuse by applicants for, and recipients of, 

14 grants made under this subsection. 

15 (6) NON-DUPLICATION.—The Administration 

16 shall ensure that covered entities do not receive grants 

17 under both this subsection and section 1108 of the 

18 CARES Act. 

19 (7) GAO AUDIT.—Not later than 180 days after 

20 the date on which the Administration begins making 

21 grants under this subsection, the Comptroller General 

22 of the United States shall— 

23 (A) conduct an audit of grants made under 

24 this subsection, which shall seek to identify any 
1693 

•HR 925 EAH 

1 discrepancies or irregularities with respect to the 

2 grants; and 

3 (B) submit to Congress a report regarding 

4 the audit conducted under subparagraph (A). 

5 (8) UPDATES TO CONGRESS.—Not later than 30 

6 days after the date of enactment of this Act, and once 

7 every 30 days thereafter until the date described in 

8 paragraph (11), the Administrator shall submit to 

9 Congress a report that contains— 

10 (A) the number of grants made under this 

11 subsection during the period covered by the re12 port; and 

13 (B) with respect to the grants described in 

14 subparagraph (A), the geographic distribution of 

15 those grants by State and county. 

16 (9) TERMINATION.—The authority to make 

17 grants under this subsection shall terminate on Sep18 tember 30, 2021. 

19 (d) OUTREACH TO BUSINESS CENTERS.— 

20 (1) IN GENERAL.—Not later than 10 days after 

21 the date of enactment of this Act, the Administration 

22 shall conduct outreach to the business center network 

23 of the Administration to provide guidance to those 

24 centers regarding other Federal programs that are 

25 available to provide support to minority business en-
1694 

•HR 925 EAH 

1 terprises, including programs at the Department of 

2 the Treasury, the Small Business Administration, 

3 and the Economic Development Administration of the 

4 Department of Commerce. 

5 (2) OUTREACH TO NATIVE COMMUNITIES.— 

6 (A) IN GENERAL.—In carrying out this sub7 section, the Administration shall ensure that out8 reach is conducted in American Indian, Alaska 

9 Native, and Native Hawaiian communities. 

10 (B) DIRECT OUTREACH TO CERTAIN MINOR11 ITY BUSINESS ENTERPRISES.—If the Adminis12 trator determines that a particular American 

13 Indian, Alaska Native, or Native Hawaiian com14 munity does not receive sufficient grant amounts 

15 under subsection (c) or section 1108 of the 

16 CARES Act, the Administrator shall carry out 

17 additional outreach directly to minority business 

18 enterprises located in that community to provide 

19 guidance regarding Federal programs that are 

20 available to provide support to minority business 

21 enterprises. 

22 (3) USE OF APPROPRIATED FUNDS.—If, after 

23 carrying out this subsection, there are remaining 

24 funds made available to carry out this subsection 

25 from the amount appropriated under subsection (e), 
1695 

•HR 925 EAH 

1 the Administration may use those remaining funds to 

2 carry out other responsibilities of the Administration 

3 under subsection (c). 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Administration, in ad6 ditional to any other amounts so authorized, for the fiscal 

7 year ending September 30, 2020, to remain available until 

8 September 30, 2021, $60,000,000, of which— 

9 (1) $10,000,000 are authorized for carrying out 

10 subsection (c); 

11 (2) $5,000,000 are authorized for carrying out 

12 subsection (d); and 

13 (3) $10,000,000 are authorized to be allocated to 

14 the White House Initiative on Asian Americans and 

15 Pacific Islanders. 

16 (f) AUDITS.— 

17 (1) RECORDKEEPING REQUIREMENT.—Each re18 cipient of assistance under this section shall keep such 

19 records as the Administrator shall prescribe, includ20 ing records that fully disclose, with respect to the as21 sistance received by the recipient under this section— 

22 (A) the amount and nature of that assist23 ance; 

24 (B) the disposition by the recipient of the 

25 proceeds of that assistance; 
1696 

•HR 925 EAH 

1 (C) the total cost of the undertaking for 

2 which the assistance is given or used; 

3 (D) the amount and nature of the portion 

4 of the cost of the undertaking described in sub5 paragraph (C) that is supplied by a source other 

6 than the Administration; and 

7 (E) any other records that will facilitate an 

8 effective audit of the assistance. 

9 (2) ACCESS BY GOVERNMENT OFFICIALS.—The 

10 Administrator and the Comptroller General of the 

11 United States shall have access, for the purpose of 

12 audit, investigation, and examination, to any book, 

13 document, paper, record, or other material of a re14 cipient of assistance. 

15 (g) REVIEW AND REPORT BY COMPTROLLER GEN16 ERAL.—Not later than 4 years after the date of enactment 

17 of this Act, the Comptroller General of the United States 

18 shall— 

19 (1) conduct a thorough review of the programs 

20 carried out under this section; and 

21 (2) submit to Congress a detailed report of the 

22 findings of the Comptroller General under the review 

23 carried out under paragraph (1), which shall in24 clude— 
1697 

•HR 925 EAH 

1 (A) an evaluation of the effectiveness of the 

2 programs in achieving the purposes of this sec3 tion; 

4 (B) a description of any failure by any re5 cipient of assistance under this section to comply 

6 with the requirements under this section; and 

7 (C) recommendations for any legislative or 

8 administrative action that should be taken to 

9 improve the achievement of the purposes of this 

10 section. 

11 (h) ANNUAL REPORTS; RECOMMENDATIONS.— 

12 (1) ANNUAL REPORT.—Not later than 90 days 

13 after the last day of each fiscal year, the Adminis14 trator shall submit to Congress, and publish on the 

15 website of the Administration, a report of each activ16 ity of the Administration carried out under this sec17 tion during the fiscal year preceding the date on 

18 which the report is submitted. 

19 (2) RECOMMENDATIONS.—The Administrator 

20 shall periodically submit to Congress and the Presi21 dent recommendations for legislation or other actions 

22 that the Administrator determines to be necessary or 

23 appropriate to promote the purposes of this section. 

24 (i) EXECUTIVE ORDER 11625.—The powers and duties 

25 of the Administration shall be determined— 
1698 

•HR 925 EAH 

1 (1) in accordance with this section and the re2 quirements of this section; and 

3 (2) without regard to Executive Order 11625 (36 

4 Fed. Reg. 19967; relating to prescribing additional 

5 arrangements for developing and coordinating a na6 tional program for minority business enterprise). 

7 (j) AMENDMENT TO THE FEDERAL ACQUISITION

8 STREAMLINING ACT OF 1994.—Section 7104(c) of the Fed9 eral Acquisition Streamlining Act of 1994 (15 U.S.C. 

10 644a(c)) is amended by striking paragraph (2) and insert11 ing the following: 

12 ‘‘(2) The Administrator of the Minority Business 

13 Development Administration.’’. 

14 SEC. 609. EMERGENCY GRANTS TO MINORITY BUSINESS EN15 TERPRISES. 

16 (a) GRANTS DURING THE COVID–19 PANDEMIC.— 

17 The Minority Business Development Agency shall provide 

18 grants to address the needs of minority business enterprises 

19 impacted by the COVID–19 pandemic. 

20 (b) RECIPIENTS.—The Agency may make grants 

21 through non-profit organizations or directly to minority 

22 business enterprises. 

23 (c) PRIORITY AREAS.—In providing grants pursuant 

24 to subsection (a), the Agency shall prioritize providing as25 sistance to— 
1699 

•HR 925 EAH 

1 (1) minority business enterprises that have been 

2 unable to obtain loans from the Small Business Ad3 ministration’s Paycheck Protection Program and 

4 other programs established under the CARES Act; 

5 (2) minority business enterprises located in low6 income areas or areas that have been significantly 

7 impacted by the COVID–19 pandemic; and 

8 (3) minority business enterprises that do not 

9 have access to capital and whose business is substan10 tially impaired because of the impact of stay-at-home 

11 orders implemented by State and local governments 

12 due to the COVID–19 pandemic. 

13 (d) TERMS AND CONDITIONS.— 

14 (1) IN GENERAL.—The Secretary of Commerce, 

15 acting through the Minority Business Development 

16 Agency, shall set such terms and conditions for the 

17 grants made under this section as the Secretary deter18 mines appropriate. 

19 (2) NOTIFICATION.—No later than 15 days prior 

20 to making any grants under this section, the Sec21 retary, acting through the Agency, shall provide the 

22 terms and conditions for grants made under this sec23 tion to the Committee on Financial Services of the 

24 House of Representatives and the Committee on 

25 Banking, Housing, and Urban Affairs of the Senate. 
1700 

•HR 925 EAH 

1 (e) GAO OVERSIGHT.—Not later than six months after 

2 the date of enactment of this Act, the Comptroller General 

3 of the United States shall provide a report on the effective4 ness of the grants made under this section, including the 

5 manner in which the Agency implemented the priorities de6 scribed in subsection (c). 

7 (f) DEFINITIONS.—In this section: 

8 (1) MINORITY.—The term ‘‘minority’’ has the 

9 meaning given the term in section 308(b) of the Fi10 nancial Institutions Reform, Recovery, and Enforce11 ment Act of 1989 and includes any indigenous person 

12 in the United States or the territories of the United 

13 States. 

14 (2) MINORITY BUSINESS ENTERPRISE.—The 

15 term ‘‘minority business enterprise’’ means a for-prof16 it business enterprise— 

17 (A) that is not less than 51 percent-owned 

18 by 1 or more minority individuals; and 

19 (B) the management and daily business op20 erations of which are controlled by 1 or more mi21 nority individuals. 

22 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

23 authorized to be appropriated $3,000,000,000 to carry out 

24 this section. Such funds are authorized to be appropriated 

25 to remain available until expended. 
1701 

•HR 925 EAH 

1 TITLE VII—PROMOTING AND AD2 VANCING COMMUNITIES OF 

3 COLOR THROUGH INCLUSIVE 

4 LENDING 

5 SEC. 701. SHORT TITLE. 

6 This title may be cited as the ‘‘Promoting and Advanc7 ing Communities of Color through Inclusive Lending Act’’. 

8 SEC. 702. FINDINGS; SENSE OF CONGRESS. 

9 (a) FINDINGS.—The Congress finds the following: 

10 (1) The Coronavirus 2019 (COVID–19) pan11 demic and the resulting recession have led to more 

12 than 4.8 million cases and at least 157,000 deaths in 

13 the United States as of August 6, 2020; a 7.6 percent 

14 increase in the unemployment rate from February to 

15 June, or approximately 12 million more persons who 

16 have lost their job; and an estimated 36 percent of 

17 renters and 4.1 million homeowners who are strug18 gling to pay their rent and mortgages. 

19 (2) According to the Centers for Disease Control, 

20 ‘‘long-standing systemic health and social inequities 

21 have put some members of racial and ethnic minority 

22 groups at increased risk of getting COVID–19 or ex23 periencing severe illness’’. 

24 (3) Minority-owned businesses are also facing 

25 more difficult economic circumstances than others as 
1702 

•HR 925 EAH 

1 a result of the COVID–19 pandemic. In April 2020, 

2 the Federal Reserve Bank of New York reported that 

3 minority- and women-owned businesses were not only 

4 more likely to show signs of limited financial health, 

5 but also twice as likely to be classified as ‘‘at risk’’ 

6 or ‘‘distressed’’ than their non-minority counterparts. 

7 (4) During the Coronavirus 2019 (COVID–19) 

8 pandemic, community development financial institu9 tions (CDFIs) and minority depository institutions 

10 (MDIs) have delivered needed capital and relief to un11 derserved communities, many of which have borne a 

12 disproportionate impact of the COVID–19 pandemic. 

13 Through August 8, 2020, CDFIs and MDIs have pro14 vided more than $16.4 billion in Paycheck Protection 

15 Program (PPP) loans to small businesses with a 

16 smaller median loan size of about $74,000 compared 

17 to the overall program median loan size of $101,000. 

18 (5) In addition to establishing relief funds and 

19 services for local businesses and individuals experi20 encing loss of income, CDFIs and MDIs have pro21 vided mortgage forbearances, loan deferments, and 

22 modifications to help address the needs of their bor23 rowers. CDFIs and MDIs are reaching underserved 

24 communities and minority-owned businesses at a crit25 ical time. 
1703 

•HR 925 EAH 

1 (6) The Community Development Financial In2 stitutions Fund (CDFI Fund) is an agency of the 

3 U.S. Department of the Treasury and was established 

4 by the Riegle Community Development and Regu5 latory Improvement Act of 1994. The mission of the 

6 CDFI Fund is ‘‘to expand economic opportunity for 

7 underserved people and communities by supporting 

8 the growth and capacity of a national network of 

9 community development lenders, investors, and finan10 cial service providers’’. As of September 15, 2020, 

11 there were 1,137 certified CDFIs in all 50 States, 

12 District of Columbia, Guam, and Puerto Rico. 

13 (7) Following the 2008 financial crisis and the 

14 disproportionate impact the Great Recession had on 

15 minority communities, the number of MDI banks fell 

16 more than 30 percent over the following decade, to 

17 143 as of the second quarter of 2020. Meanwhile, MDI 

18 credit unions have seen similar declines, with more 

19 than one-third of such institutions disappearing since 

20 2013. 

21 (b) SENSE OF CONGRESS.—The following is the sense 

22 of the Congress: 

23 (1) The Department of the Treasury, Board of 

24 Governors of the Federal Reserve System, Small Busi25 ness Administration (SBA), Office of the Comptroller 
1704 

•HR 925 EAH 

1 of the Currency, Federal Deposit Insurance Corpora2 tion, National Credit Union Administration, and 

3 other Federal agencies should take steps to support, 

4 engage with, and utilize minority depository institu5 tions and community development financial institu6 tions in the near term, especially as they carry out 

7 programs to respond to the COVID–19 pandemic, and 

8 the long term. 

9 (2) The Board of Governors of the Federal Re10 serve System should, consistent with its mandates, 

11 work to increase lending by minority depository insti12 tutions and community development financial insti13 tutions to underserved communities, and when appro14 priate, should work with the Department of the Treas15 ury to increase lending by minority depository insti16 tutions and community development financial insti17 tutions to underserved communities. 

18 (3) The Department of the Treasury and pruden19 tial regulators should establish a strategic plan iden20 tifying concrete steps that they can take to support 

21 existing minority depository institutions, as well as 

22 the formation of new minority depository institutions 

23 consistent with the goals established in the Financial 

24 Institutions Reform, Recovery, and Enforcement Act 
1705 

•HR 925 EAH 

1 of 1989 (FIRREA) to preserve and promote minority 

2 depository institutions. 

3 (4) Congress should increase funding and make 

4 other enhancements, including those provided by this 

5 legislation, to enhance the effectiveness of the CDFI 

6 Fund, especially reforms to support minority-owned 

7 and minority led CDFIs in times of crisis and be8 yond. 

9 (5) Congress should conduct robust and ongoing 

10 oversight of the Department of the Treasury, CDFI 

11 Fund, Federal prudential regulators, SBA, and other 

12 Federal agencies to ensure they fulfill their obligations 

13 under the law as well as implement this title and 

14 other laws in a manner that supports and fully uti15 lizes minority depository institutions and community 

16 development financial intuitions, as appropriate. 

17 (6) The investments made by the Secretary of the 

18 Treasury under this title and the amendments made 

19 by this title should be designed to maximize the ben20 efit to low- and moderate-income and minority com21 munities and contemplate losses to capital of the 

22 Treasury. 

23 SEC. 703. PURPOSE. 

24 The purpose of this title is to— 
1706 

•HR 925 EAH 

1 (1) establish programs to revitalize and provide 

2 long-term financial products and service availability 

3 for, and provide investments in, low- and moderate4 income and minority communities; 

5 (2) respond to the unprecedented loss of Black6 owned businesses and unemployment; and 

7 (3) otherwise enhance the stability, safety and 

8 soundness of community financial institutions that 

9 support low- and moderate-income and minority com10 munities. 

11 SEC. 704. CONSIDERATIONS; REQUIREMENTS FOR CREDI12 TORS. 

13 (a) IN GENERAL.—In exercising the authorities under 

14 this title and the amendments made by this title, the Sec15 retary of the Treasury shall take into consideration— 

16 (1) increasing the availability of affordable cred17 it for consumers, small businesses, and nonprofit or18 ganizations, including for projects supporting afford19 able housing, community-serving real estate, and 

20 other projects, that provide direct benefits to low- and 

21 moderate-income communities, low-income and un22 derserved individuals, and minorities; 

23 (2) providing funding to minority-owned or mi24 nority-led eligible institutions and other eligible insti-
1707 

•HR 925 EAH 

1 tutions that have a strong track record of serving mi2 nority small businesses; 

3 (3) protecting and increasing jobs in the United 

4 States; 

5 (4) increasing the opportunity for small busi6 ness, affordable housing and community development 

7 in geographic areas and demographic segments with 

8 poverty and high unemployment rates that exceed the 

9 average in the United States; 

10 (5) ensuring that all low- and moderate-income 

11 community financial institutions may apply to par12 ticipate in the programs established under this title 

13 and the amendments made by this title, without dis14 crimination based on geography; 

15 (6) providing transparency with respect to use of 

16 funds provided under this title and the amendments 

17 made by this title; 

18 (7) promoting and engaging in financial edu19 cation to would-be borrowers; and 

20 (8) providing funding to eligible institutions 

21 that serve consumers, small businesses, and nonprofit 

22 organizations to support affordable housing, commu23 nity-serving real estate, and other projects that pro24 vide direct benefits to low- and moderate-income com-
1708 

•HR 925 EAH 

1 munities, low-income individuals, and minorities di2 rectly affected by the COVID–19 pandemic. 

3 (b) REQUIREMENT FOR CREDITORS.—Any creditor 

4 participating in a program established under this title or 

5 the amendments made by this title shall fully comply with 

6 all applicable statutory and regulatory requirements relat7 ing to fair lending. 

8 SEC. 705. NEIGHBORHOOD CAPITAL INVESTMENT PRO9 GRAM. 

10 Title IV of the CARES Act (Public Law 116–136) is 

11 amended— 

12 (1) in section 4002 (15 U.S.C. 9041)— 

13 (A) by redesignating paragraphs (7) 

14 through (10) as paragraphs (9) through (12), re15 spectively; and 

16 (B) by inserting after paragraph (6) the fol17 lowing: 

18 ‘‘(7) LOW- AND MODERATE-INCOME COMMUNITY

19 FINANCIAL INSTITUTION.—The term ‘low- and mod20 erate-income community financial institution’ means 

21 any financial institution that is— 

22 ‘‘(A) a community development financial 

23 institution, as defined in section 103 of the Rie24 gle Community Development and Regulatory 

25 Improvement Act of 1994 (12 U.S.C. 4702); or 
1709 

•HR 925 EAH 

1 ‘‘(B) a minority depository institution. 

2 ‘‘(8) MINORITY DEPOSITORY INSTITUTION.—The 

3 term ‘minority depository institution’— 

4 ‘‘(A) has the meaning given that term under 

5 section 308 of the Financial Institutions Reform, 

6 Recovery, and Enforcement Act of 1989 (12 

7 U.S.C. 1463 note); 

8 ‘‘(B) means an entity considered to be a mi9 nority depository institution by— 

10 ‘‘(i) the appropriate Federal banking 

11 agency (as such term is defined under sec12 tion 3 of the Federal Deposit Insurance 

13 Act); or 

14 ‘‘(ii) the National Credit Union Ad15 ministration, in the case of an insured cred16 it union; and 

17 ‘‘(C) means an entity listed in the Federal 

18 Deposit Insurance Corporation’s Minority De19 pository Institutions List published for the Sec20 ond Quarter 2020.’’; 

21 (2) in section 4003 (15 U.S.C. 9042), by adding 

22 at the end the following: 

23 ‘‘(i) NEIGHBORHOOD CAPITAL INVESTMENT PRO24 GRAM.— 

25 ‘‘(1) DEFINITIONS.—In this subsection— 
1710 

•HR 925 EAH 

1 ‘‘(A) the term ‘community development fi2 nancial institution’ has the meaning given the 

3 term in section 103 of the Riegle Community De4 velopment and Regulatory Improvement Act of 

5 1994 (12 U.S.C. 4702); 

6 ‘‘(B) the term ‘Fund’ means the Community 

7 Development Financial Institutions Fund estab8 lished under section 104(a) of the Riegle Commu9 nity Development and Regulatory Improvement 

10 Act of 1994 (12 U.S.C. 4703(a)); 

11 ‘‘(C) the term ‘minority’ means any Black 

12 American, Native American, Hispanic Amer13 ican, or Asian American; 

14 ‘‘(D) the term ‘Program’ means the Neigh15 borhood Capital Investment Program established 

16 under paragraph (2); and 

17 ‘‘(E) the ‘Secretary’ means the Secretary of 

18 the Treasury. 

19 ‘‘(2) ESTABLISHMENT.—The Secretary of the 

20 Treasury shall establish a Neighborhood Capital In21 vestment Program (the ‘Program’) to support the ef22 forts of low- and moderate-income community finan23 cial institutions to, among other things, provide loans 

24 and forbearance for small businesses, minority-owned 

25 businesses, and consumers, especially in low-income 
1711 

•HR 925 EAH 

1 and underserved communities, by providing direct 

2 capital investments in low- and moderate-income 

3 community financial institutions. 

4 ‘‘(3) APPLICATION.— 

5 ‘‘(A) ACCEPTANCE.—The Secretary shall 

6 begin accepting applications for capital invest7 ments under the Program not later than the end 

8 of the 30-day period beginning on the date of en9 actment of this subsection, with priority in dis10 tribution given to low- and moderate-income 

11 community financial institutions that are mi12 nority lending institutions, as defined under sec13 tion 103 of the Community Development Bank14 ing and Financial Institutions Act of 1994 (12 

15 U.S.C. 4702). 

16 ‘‘(B) REQUIREMENT TO PROVIDE A NEIGH17 BORHOOD INVESTMENT LENDING PLAN.— 

18 ‘‘(i) IN GENERAL.—At the time that an 

19 applicant submits an application to the 

20 Secretary for a capital investment under 

21 the Program, the applicant shall provide the 

22 Secretary, along with the appropriate Fed23 eral banking agency, an investment and 

24 lending plan that— 
1712 

•HR 925 EAH 

1 ‘‘(I) demonstrates that not less 

2 than 30 percent of the lending of the 

3 applicant over the past 2 fiscal years 

4 was made directly to low- and mod5 erate income borrowers, to borrowers 

6 that create direct benefits for low- and 

7 moderate-income populations, to other 

8 targeted populations as defined by the 

9 Fund, or any combination thereof, as 

10 measured by the total number and dol11 lar amount of loans; 

12 ‘‘(II) describes how the business 

13 strategy and operating goals of the ap14 plicant will address community devel15 opment needs, which includes the needs 

16 of small businesses, consumers, non17 profit organizations, community devel18 opment, and other projects providing 

19 direct benefits to low- and moderate-in20 come communities, low-income individ21 uals, and minorities within the minor22 ity, rural, and urban low-income and 

23 underserved areas served by the appli24 cant; 
1713 

•HR 925 EAH 

1 ‘‘(III) includes a plan to provide 

2 linguistically and culturally appro3 priate outreach, where appropriate; 

4 ‘‘(IV) includes an attestation by 

5 the applicant that the applicant does 

6 not own, service, or offer any financial 

7 products at an annual percentage rate 

8 of more than 36 percent interest, as de9 fined in section 987(i)(4) of title 10, 

10 United States Code, and is compliant 

11 with State interest rate laws; and 

12 ‘‘(V) includes details on how the 

13 applicant plans to expand or maintain 

14 significant lending or investment ac15 tivity in low- or moderate-income mi16 nority communities, to historically dis17 advantaged borrowers, and to minori18 ties that have significant unmet cap19 ital or financial services needs. 

20 ‘‘(ii) COMMUNITY DEVELOPMENT LOAN

21 FUNDS.—An applicant that is not an in22 sured community development financial in23 stitution or otherwise regulated by a Fed24 eral financial regulator shall submit the 
1714 

•HR 925 EAH 

1 plan described in clause (i) only to the Sec2 retary. 

3 ‘‘(iii) DOCUMENTATION.—In the case 

4 of an applicant that is certified as a com5 munity development financial institution as 

6 of the date of enactment of this subsection, 

7 for purposes of clause (i)(I), the Secretary 

8 may rely on documentation submitted the 

9 Fund as part of certification compliance re10 porting. 

11 ‘‘(4) INCENTIVES TO INCREASE LENDING AND

12 PROVIDE AFFORDABLE CREDIT.— 

13 ‘‘(A) REQUIREMENTS ON PREFERRED

14 STOCK AND OTHER FINANCIAL INSTRUMENT.— 

15 Any financial instrument issued to Treasury by 

16 a low- and moderate-income community finan17 cial institution under the Program shall provide 

18 the following: 

19 ‘‘(i) No dividends, interest or other 

20 payments shall exceed 2 percent per annum. 

21 ‘‘(ii) After the first 24 months from the 

22 date of the capital investment under the 

23 Program, annual payments may be re24 quired, as determined by the Secretary and 

25 in accordance with this section, and ad-
1715 

•HR 925 EAH 

1 justed downward based on the amount of af2 fordable credit provided by the low- and 

3 moderate-income community financial in4 stitution to borrowers in minority, rural, 

5 and urban low-income and underserved 

6 communities. 

7 ‘‘(iii) During any calendar quarter 

8 after the initial 24-month period referred to 

9 in clause (ii), the annual payment rate of 

10 a low- and moderate-income community fi11 nancial institution shall be adjusted down12 ward to reflect the following schedule, based 

13 on lending by the institution relative to the 

14 baseline period: 

15 ‘‘(I) If the institution in the most 

16 recent annual period prior to the in17 vestment provides significant lending 

18 or investment activity in low- or mod19 erate-income minority communities, 

20 historically disadvantaged borrowers, 

21 and to minorities that have significant 

22 unmet capital or financial services, the 

23 annual payment rate shall not exceed 

24 0.5 percent per annum. 
1716 

•HR 925 EAH 

1 ‘‘(II) If the amount of lending 

2 within minority, rural, and urban 

3 low-income and underserved commu4 nities and to low- and moderate-in5 come borrowers has increased dollar for 

6 dollar based on the amount of the cap7 ital investment, the annual payment 

8 rate shall not exceed 1 percent per 

9 annum. 

10 ‘‘(III) If the amount of lending 

11 within minority, rural, and urban 

12 low-income and underserved commu13 nities and to low- and moderate-in14 come borrowers has increased by twice 

15 the amount of the capital investment, 

16 the annual payment rate shall not ex17 ceed 0.5 percent per annum. 

18 ‘‘(B) CONTINGENCY OF PAYMENTS BASED ON

19 CERTAIN FINANCIAL CRITERIA.— 

20 ‘‘(i) DEFERRAL.—Any annual pay21 ments under this subsection shall be deferred 

22 in any quarter or payment period if any of 

23 the following is true: 

24 ‘‘(I) The low- and moderate-in25 come community institution fails to 
1717 

•HR 925 EAH 

1 meet the Tier 1 capital ratio or simi2 lar ratio as determined by the Sec3 retary. 

4 ‘‘(II) The low- and moderate-in5 come community financial institution 

6 fails to achieve positive net income for 

7 the quarter or payment period. 

8 ‘‘(III) The low- and moderate-in9 come community financial institution 

10 determines that the payment would be 

11 detrimental to the financial health of 

12 the institution. 

13 ‘‘(ii) TESTING DURING NEXT PAYMENT

14 PERIOD.—Any deferred annual payment 

15 under this subsection shall be tested against 

16 the metrics described in clause (i) at the be17 ginning of the next payment period, and 

18 such payments shall continue to be deferred 

19 until the metrics described in that clause 

20 are no longer applicable. 

21 ‘‘(5) RESTRICTIONS.— 

22 ‘‘(A) IN GENERAL.—Each low- and mod23 erate-income community financial institution 

24 may only issue financial instruments or senior 
1718 

•HR 925 EAH 

1 preferred stock under this subsection with an ag2 gregate principal amount that is— 

3 ‘‘(i) not more than 15 percent of risk4 weighted assets for an institution with as5 sets of more than $2,000,000,000; 

6 ‘‘(ii) not more than 25 percent of risk7 weighted assets for an institution with as8 sets of not less than $500,000,000 and not 

9 more than $2,000,000,000; and 

10 ‘‘(iii) not more than 30 percent of risk11 weighted assets for an institution with as12 sets of less than $500,000,000. 

13 ‘‘(B) HOLDING OF INSTRUMENTS.—Holding 

14 any instrument of a low- and moderate-income 

15 community financial institution described in 

16 subparagraph (A) shall not give the Treasury or 

17 any successor that owns the instrument any 

18 rights over the management of the institution. 

19 ‘‘(C) SALE OF INTEREST.—With respect to 

20 a capital investment made into a low- and mod21 erate-income community financial institution 

22 under this subsection, the Secretary— 

23 ‘‘(i) except as provided in clause (iv), 

24 during the 10-year period following the in25 vestment, may not sell the interest of the 
1719 

•HR 925 EAH 

1 Secretary in the capital investment to a 

2 third party; 

3 ‘‘(ii) shall provide the low- and mod4 erate-income community financial institu5 tion a right of first refusal to buy back the 

6 investment under terms that do not exceed 

7 a value as determined by an independent 

8 third party; and 

9 ‘‘(iii) shall not sell more than a 5 per10 cent ownership interest in the capital in11 vestment to a single third party; and 

12 ‘‘(iv) with the permission of the insti13 tution, may gift or sell the interest of the 

14 Secretary in the capital investment for a de 

15 minimus amount to a mission aligned non16 profit affiliate of an applicant that is an 

17 insured community development financial 

18 institution, as defined in section 103 of the 

19 Riegle Community Development and Regu20 latory Improvement Act of 1994 (12 U.S.C. 

21 4702). 

22 ‘‘(v) CALCULATION OF OWNERSHIP FOR

23 MINORITY DEPOSITORY INSTITUTIONS.—The 

24 calculation and determination of ownership 

25 thresholds for a depository institution to 
1720 

•HR 925 EAH 

1 qualify as a minority depository institution 

2 described in section 4002(7)(B) shall ex3 clude any dilutive effect of equity invest4 ments by the Federal Government, includ5 ing under the Program or through the 

6 Fund. 

7 ‘‘(6) AVAILABLE AMOUNTS.—In carrying out the 

8 Program, the Secretary shall use not more than 

9 $13,000,000,000, from amounts appropriated under 

10 section 4027, and shall use not less than 

11 $7,000,000,000 of such amount for direct capital in12 vestments under the Program. 

13 ‘‘(7) TREATMENT OF CAPITAL INVESTMENTS.—In 

14 making any capital investment under the Program, 

15 the Secretary shall ensure that the terms of the invest16 ment are designed to ensure the investment receives 

17 Tier 1 capital treatment. 

18 ‘‘(8) OUTREACH TO MINORITIES.—The Secretary 

19 shall require low- and moderate-income community 

20 financial institutions receiving capital investments 

21 under the Program to provide linguistically and cul22 turally appropriate outreach and advertising describ23 ing the availability and application process of receiv24 ing loans made possible by the Program through orga25 nizations, trade associations, and individuals that 
1721 

•HR 925 EAH 

1 represent or work within or are members of minority 

2 communities. 

3 ‘‘(9) RESTRICTIONS.— 

4 ‘‘(A) IN GENERAL.—Not later than the end 

5 of the 30-day period beginning on the date of en6 actment of this subsection, the Secretary of the 

7 Treasury shall issue rules setting restrictions on 

8 executive compensation, share buybacks, and div9 idend payments for recipients of capital invest10 ments under the Program. 

11 ‘‘(B) RULE OF CONSTRUCTION.—The provi12 sions of section 4019 apply to investments made 

13 under the Program. 

14 ‘‘(10) TERMINATION OF INVESTMENT AUTHOR15 ITY.—The authority to make capital investments in 

16 low- and moderate-income community financial insti17 tutions, including commitments to purchase preferred 

18 stock or other instruments, provided under the Pro19 gram shall terminate on the date that is 36 months 

20 after the date of enactment of this subsection. 

21 ‘‘(11) COLLECTION OF DATA.—Notwithstanding 

22 the Equal Credit Opportunity Act (15 U.S.C. 1691 et 

23 seq.)— 

24 ‘‘(A) any low- and moderate-income com25 munity financial institution may collect data 
1722 

•HR 925 EAH 

1 described in section 701(a)(1) of that Act (15 

2 U.S.C. 1691(a)(1)) from borrowers and appli3 cants for credit for the purpose of monitoring 

4 compliance under the plan required under para5 graph (4)(B); and 

6 ‘‘(B) a low- and moderate-income commu7 nity financial institution that collects the data 

8 described in subparagraph (A) shall not be sub9 ject to adverse action related to that collection by 

10 the Bureau of Consumer Financial Protection or 

11 any other Federal agency. 

12 ‘‘(12) DEPOSIT OF FUNDS.—All funds received 

13 by the Secretary in connection with purchases made 

14 pursuant this subsection, including interest payments, 

15 dividend payments, and proceeds from the sale of any 

16 financial instrument, shall be deposited into the Fund 

17 and used to provide financial and technical assistance 

18 pursuant to section 108 of the Riegle Community De19 velopment and Regulatory Improvement Act of 1994 

20 (12 U.S.C. 4707), except that subsection (e) of that 

21 section shall be waived. 

22 ‘‘(13) EQUITY EQUIVALENT INVESTMENT OP23 TION.— 

24 ‘‘(A) IN GENERAL.—The Secretary shall es25 tablish an Equity Equivalent Investment Op-
1723 

•HR 925 EAH 

1 tion, under which, with respect to a specific in2 vestment in a low- and moderate-income commu3 nity financial institution— 

4 ‘‘(i) 80 percent of such investment is 

5 made by the Secretary under the Program; 

6 and 

7 ‘‘(ii) 20 percent of such investment if 

8 made by a banking institution. 

9 ‘‘(B) REQUIREMENT TO FOLLOW SIMILAR

10 TERMS AND CONDITIONS.—The terms and condi11 tions applicable to investments made by the Sec12 retary under the Program shall apply to any in13 vestment made by a banking institution under 

14 this paragraph. 

15 ‘‘(C) LIMITATIONS.—The amount of a spe16 cific investment described under subparagraph 

17 (A) may not exceed $10,000,000, but the receipt 

18 of an investment under subparagraph (A) shall 

19 not preclude the recipient from being eligible for 

20 other assistance under the Program. 

21 ‘‘(D) BANKING INSTITUTION DEFINED.—In 

22 this paragraph, the term ‘banking institution’ 

23 means any entity with respect to which there is 

24 an appropriate Federal banking agency under 

25 section 3 of the Federal Deposit Insurance Act. 
1724 

•HR 925 EAH 

1 ‘‘(j) APPLICATION OF THE MILITARY LENDING ACT.— 

2 ‘‘(1) IN GENERAL.—No low- and moderate-in3 come community financial institution that receives 

4 an equity investment under subsection (i) shall, for so 

5 long as the investment or participation continues, 

6 make any loan at an annualized percentage rate 

7 above 36 percent, as determined in accordance with 

8 section 987(b) of title 10, United States Code (com9 monly known as the ‘Military Lending Act)’. 

10 ‘‘(2) NO EXEMPTIONS PERMITTED.—The exemp11 tion authority of the Bureau under section 105(f) of 

12 the Truth in Lending Act (15 U.S.C. 1604(f)) shall 

13 not apply with respect to this subsection.’’. 

14 SEC. 706. EMERGENCY SUPPORT FOR CDFIS AND COMMU15 NITIES. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Community Develop18 ment Financial Institutions Fund $2,000,000,000 for fiscal 

19 year 2021, for providing financial assistance and technical 

20 assistance under subparagraphs (A) and (B) of section 

21 108(a)(1) of the Community Development Banking and Fi22 nancial Institutions Act of 1994 (12 U.S.C. 4707(a)(1)), 

23 except that subsections (d) and (e) of such section 108 shall 

24 not apply to the provision of such assistance, for the Bank 

25 Enterprise Award program, and for financial assistance, 
1725 

•HR 925 EAH 

1 technical assistance, training, and outreach programs de2 signed to benefit Native American, Native Hawaiian, and 

3 Alaska Native communities and provided primarily 

4 through qualified community development lender organiza5 tions with experience and expertise in community develop6 ment banking and lending in Indian country, Native Amer7 ican organizations, Tribes and Tribal organizations, and 

8 other suitable providers. 

9 (b) SET ASIDES.—Of the amounts appropriated pur10 suant to the authorization under subsection (a), the fol11 lowing amounts shall be set aside: 

12 (1) Up to $400,000,000, to remain available 

13 until expended, to provide grants to community devel14 opment financial institutions— 

15 (A) to expand lending or investment activ16 ity in low- or moderate-income minority commu17 nities and to minorities that have significant 

18 unmet capital or financial services needs, of 

19 which not less than $10,000,000 may be for 

20 grants to benefit Native American, Native Ha21 waiian, and Alaska Native communities; and 

22 (B) using a formula that takes into account 

23 criteria such as certification status, financial 

24 and compliance performance, portfolio and bal25 ance sheet strength, a diversity of community de-
1726 

•HR 925 EAH 

1 velopment financial institution business model 

2 types, and program capacity, as well as experi3 ence making loans and investments to those 

4 areas and populations identified in this para5 graph. 

6 (2) Up to $160,000,000, to remain available 

7 until expended, for technical assistance, technology, 

8 and training under sections 108(a)(1)(B) and 109, 

9 respectively, of the Riegle Community Development 

10 and Regulatory Improvement Act of 1994 (12 U.S.C. 

11 4707(a)(1)(B), 4708), with a preference for minority 

12 lending institutions. 

13 (3) Up to $800,000,000, to remain available 

14 until expended, shall be for providing financial assist15 ance, technical assistance, awards, training, and out16 reach programs described under subsection (a) to re17 cipients that are minority lending institutions. 

18 (c) ADMINISTRATIVE EXPENSES.—Funds appro19 priated pursuant to the authorization under subsection (a) 

20 may be used for administrative expenses, including admin21 istration of Fund programs and the New Markets Tax Cred22 it Program under section 45D of the Internal Revenue Code. 

23 (d) DEFINITIONS.—In this section: 

24 (1) CDFI.—The term ‘‘CDFI’’ means a commu25 nity development financial institution, as defined in 
1727 

•HR 925 EAH 

1 section 103 of the Riegle Community Development 

2 and Regulatory Improvement Act of 1994 (12 U.S.C. 

3 4702). 

4 (2) FUND.—The term ‘‘Fund’’ means the Com5 munity Development Financial Institutions Fund es6 tablished under section 104(a) of the Riegle Commu7 nity Development and Regulatory Improvement Act 

8 of 1994 (12 U.S.C. 4703(a)). 

9 (3) MINORITY; MINORITY LENDING INSTITU10 TION.—The terms ‘‘minority’’ and ‘‘minority lending 

11 institution’’ have the meaning given those terms, re12 spectively, under section 103 of the Community Devel13 opment Banking and Financial Institutions Act of 

14 1994 (12 U.S.C. 4702). 

15 SEC. 707. ENSURING DIVERSITY IN COMMUNITY BANKING. 

16 (a) SENSE OF CONGRESS ON FUNDING THE LOAN-LOSS

17 RESERVE FUND FOR SMALL DOLLAR LOANS.—The sense of 

18 Congress is the following: 

19 (1) The Community Development Financial In20 stitutions Fund (the ‘‘CDFI Fund’’) is an agency of 

21 the Department of the Treasury, and was established 

22 by the Riegle Community Development and Regu23 latory Improvement Act of 1994. The mission of the 

24 CDFI Fund is ‘‘to expand economic opportunity for 

25 underserved people and communities by supporting 
1728 

•HR 925 EAH 

1 the growth and capacity of a national network of 

2 community development lenders, investors, and finan3 cial service providers’’. A community development fi4 nancial institution (a ‘‘CDFI’’) is a specialized fi5 nancial institution serving low-income communities 

6 and a Community Development Entity (a ‘‘CDE’’) is 

7 a domestic corporation or partnership that is an 

8 intermediary vehicle for the provision of loans, invest9 ments, or financial counseling in low-income commu10 nities. The CDFI Fund certifies CDFIs and CDEs. 

11 Becoming a certified CDFI or CDE allows organiza12 tions to participate in various CDFI Fund programs 

13 as follows: 

14 (A) The Bank Enterprise Award Program, 

15 which provides FDIC-insured depository institu16 tions awards for a demonstrated increase in 

17 lending and investments in distressed commu18 nities and CDFIs. 

19 (B) The CDFI Program, which provides Fi20 nancial and Technical Assistance awards to 

21 CDFIs to reinvest in the CDFI, and to build the 

22 capacity of the CDFI, including financing prod23 uct development and loan loss reserves. 

24 (C) The Native American CDFI Assistance 

25 Program, which provides CDFIs and sponsoring 
1729 

•HR 925 EAH 

1 entities Financial and Technical Assistance 

2 awards to increase lending and grow the number 

3 of CDFIs owned by Native Americans to help 

4 build capacity of such CDFIs. 

5 (D) The New Market Tax Credit Program, 

6 which provides tax credits for making equity in7 vestments in CDEs that stimulate capital invest8 ments in low-income communities. 

9 (E) The Capital Magnet Fund, which pro10 vides awards to CDFIs and nonprofit affordable 

11 housing organizations to finance affordable hous12 ing solutions and related economic development 

13 activities. 

14 (F) The Bond Guarantee Program, a source 

15 of long-term, patient capital for CDFIs to ex16 pand lending and investment capacity for com17 munity and economic development purposes. 

18 (2) The Department of the Treasury is author19 ized to create multi-year grant programs designed to 

20 encourage low-to-moderate income individuals to es21 tablish accounts at federally insured banks, and to 

22 improve low-to-moderate income individuals’ access to 

23 such accounts on reasonable terms. 

24 (3) Under this authority, grants to participants 

25 in CDFI Fund programs may be used for loan-loss 
1730 

•HR 925 EAH 

1 reserves and to establish small-dollar loan programs 

2 by subsidizing related losses. These grants also allow 

3 for the providing recipients with the financial coun4 seling and education necessary to conduct trans5 actions and manage their accounts. These loans pro6 vide low-cost alternatives to payday loans and other 

7 nontraditional forms of financing that often impose 

8 excessive interest rates and fees on borrowers, and 

9 lead millions of Americans to fall into debt traps. 

10 Small-dollar loans can only be made pursuant to 

11 terms, conditions, and practices that are reasonable 

12 for the individual consumer obtaining the loan. 

13 (4) Program participation is restricted to eligi14 ble institutions, which are limited to organizations 

15 listed in section 501(c)(3) of the Internal Revenue 

16 Code and exempt from tax under 501(a) of such Code, 

17 federally insured depository institutions, community 

18 development financial institutions and State, local, or 

19 Tribal government entities. 

20 (5) Since its founding, the CDFI Fund has 

21 awarded over $3,300,000,000 to CDFIs and CDEs, al22 located $54,000,000,000 in tax credits, and 

23 $1,510,000,000 in bond guarantees. According to the 

24 CDFI Fund, some programs attract as much as $10 

25 in private capital for every $1 invested by the CDFI 
1731 

•HR 925 EAH 

1 Fund. The Administration and the Congress should 

2 prioritize appropriation of funds for the loan loss re3 serve fund and technical assistance programs admin4 istered by the Community Development Financial In5 stitution Fund. 

6 (b) DEFINITIONS.—In this section: 

7 (1) COMMUNITY DEVELOPMENT FINANCIAL INSTI8 TUTION.—The term ‘‘community development finan9 cial institution’’ has the meaning given under section 

10 103 of the Riegle Community Development and Regu11 latory Improvement Act of 1994 (12 U.S.C. 4702). 

12 (2) MINORITY DEPOSITORY INSTITUTION.—The 

13 term ‘‘minority depository institution’’ has the mean14 ing given under section 308 of the Financial Institu15 tions Reform, Recovery, and Enforcement Act of 1989 

16 (12 U.S.C. 1463 note). 

17 (c) ESTABLISHMENT OF IMPACT BANK DESIGNA18 TION.— 

19 (1) IN GENERAL.—Each Federal banking agency 

20 shall establish a program under which a depository 

21 institution with total consolidated assets of less than 

22 $10,000,000,000 may elect to be designated as an im23 pact bank if the total dollar value of the loans ex24 tended by such depository institution to low-income 
1732 

•HR 925 EAH 

1 borrowers is greater than or equal to 50 percent of the 

2 assets of such bank. 

3 (2) NOTIFICATION OF ELIGIBILITY.—Based on 

4 data obtained through examinations of depository in5 stitutions, the appropriate Federal banking agency 

6 shall notify a depository institution if the institution 

7 is eligible to be designated as an impact bank. 

8 (3) APPLICATION.—Regardless of whether or not 

9 it has received a notice of eligibility under paragraph 

10 (2), a depository institution may submit an applica11 tion to the appropriate Federal banking agency— 

12 (A) requesting to be designated as an im13 pact bank; and 

14 (B) demonstrating that the depository insti15 tution meets the applicable qualifications. 

16 (4) LIMITATION ON ADDITIONAL DATA REQUIRE17 MENTS.—The Federal banking agencies may only im18 pose additional data collection requirements on a de19 pository institution under this subsection if such data 

20 is— 

21 (A) necessary to process an application sub22 mitted by the depository institution to be des23 ignated an impact bank; or 

24 (B) with respect to a depository institution 

25 that is designated as an impact bank, necessary 
1733 

•HR 925 EAH 

1 to ensure the depository institution’s ongoing 

2 qualifications to maintain such designation. 

3 (5) REMOVAL OF DESIGNATION.—If the appro4 priate Federal banking agency determines that a de5 pository institution designated as an impact bank no 

6 longer meets the criteria for such designation, the ap7 propriate Federal banking agency shall rescind the 

8 designation and notify the depository institution of 

9 such rescission. 

10 (6) RECONSIDERATION OF DESIGNATION; AP11 PEALS.—Under such procedures as the Federal bank12 ing agencies may establish, a depository institution 

13 may— 

14 (A) submit to the appropriate Federal bank15 ing agency a request to reconsider a determina16 tion that such depository institution no longer 

17 meets the criteria for the designation; or 

18 (B) file an appeal of such determination. 

19 (7) RULEMAKING.—Not later than 1 year after 

20 the date of the enactment of this Act, the Federal 

21 banking agencies shall jointly issue rules to carry out 

22 the requirements of this subsection, including by pro23 viding a definition of a low-income borrower. 

24 (8) REPORTS.—Each Federal banking agency 

25 shall submit an annual report to the Congress con-
1734 

•HR 925 EAH 

1 taining a description of actions taken to carry out 

2 this subsection. 

3 (9) FEDERAL DEPOSIT INSURANCE ACT DEFINI4 TIONS.—In this subsection, the terms ‘‘depository in5 stitution’’, ‘‘appropriate Federal banking agency’’, 

6 and ‘‘Federal banking agency’’ have the meanings 

7 given such terms, respectively, in section 3 of the Fed8 eral Deposit Insurance Act (12 U.S.C. 1813). 

9 (d) MINORITY DEPOSITORIES ADVISORY COMMIT10 TEES.— 

11 (1) ESTABLISHMENT.—Each covered regulator 

12 shall establish an advisory committee to be called the 

13 ‘‘Minority Depositories Advisory Committee’’. 

14 (2) DUTIES.—Each Minority Depositories Advi15 sory Committee shall provide advice to the respective 

16 covered regulator on meeting the goals established by 

17 section 308 of the Financial Institutions Reform, Re18 covery, and Enforcement Act of 1989 (12 U.S.C. 1463 

19 note) to preserve the present number of covered minor20 ity institutions, preserve the minority character of 

21 minority-owned institutions in cases involving merg22 ers or acquisitions, provide technical assistance, and 

23 encourage the creation of new covered minority insti24 tutions. The scope of the work of each such Minority 

25 Depositories Advisory Committee shall include an as-
1735 

•HR 925 EAH 

1 sessment of the current condition of covered minority 

2 institutions, what regulatory changes or other steps 

3 the respective agencies may be able to take to fulfill 

4 the requirements of such section 308, and other issues 

5 of concern to covered minority institutions. 

6 (3) MEMBERSHIP.— 

7 (A) IN GENERAL.—Each Minority Deposi8 tories Advisory Committee shall consist of no 

9 more than 10 members, who— 

10 (i) shall serve for one two-year term; 

11 (ii) shall serve as a representative of a 

12 depository institution or an insured credit 

13 union with respect to which the respective 

14 covered regulator is the covered regulator of 

15 such depository institution or insured credit 

16 union; and 

17 (iii) shall not receive pay by reason of 

18 their service on the advisory committee, but 

19 may receive travel or transportation ex20 penses in accordance with section 5703 of 

21 title 5, United States Code. 

22 (B) DIVERSITY.—To the extent practicable, 

23 each covered regulator shall ensure that the mem24 bers of the Minority Depositories Advisory Com-
1736 

•HR 925 EAH 

1 mittee of such agency reflect the diversity of cov2 ered minority institutions. 

3 (4) MEETINGS.— 

4 (A) IN GENERAL.—Each Minority Deposi5 tories Advisory Committee shall meet not less fre6 quently than twice each year. 

7 (B) NOTICE AND INVITATIONS.—Each Mi8 nority Depositories Advisory Committee shall— 

9 (i) notify the Committee on Financial 

10 Services of the House of Representatives and 

11 the Committee on Banking, Housing, and 

12 Urban Affairs of the Senate in advance of 

13 each meeting of the Minority Depositories 

14 Advisory Committee; and 

15 (ii) invite the attendance at each meet16 ing of the Minority Depositories Advisory 

17 Committee of— 

18 (I) one member of the majority 

19 party and one member of the minority 

20 party of the Committee on Financial 

21 Services of the House of Representa22 tives and the Committee on Banking, 

23 Housing, and Urban Affairs of the 

24 Senate; and 
1737 

•HR 925 EAH 

1 (II) one member of the majority 

2 party and one member of the minority 

3 party of any relevant subcommittees of 

4 such committees. 

5 (5) NO TERMINATION OF ADVISORY COMMIT6 TEES.—The termination requirements under section 

7 14 of the Federal Advisory Committee Act (5 U.S.C. 

8 app.) shall not apply to a Minority Depositories Ad9 visory Committee established pursuant to this sub10 section. 

11 (6) DEFINITIONS.—In this subsection: 

12 (A) COVERED REGULATOR.—The term ‘‘cov13 ered regulator’’ means the Comptroller of the 

14 Currency, the Board of Governors of the Federal 

15 Reserve System, the Federal Deposit Insurance 

16 Corporation, and the National Credit Union Ad17 ministration. 

18 (B) COVERED MINORITY INSTITUTION.—The 

19 term ‘‘covered minority institution’’ means a mi20 nority depository institution (as defined in sec21 tion 308(b) of the Financial Institutions Reform, 

22 Recovery, and Enforcement Act of 1989 (12 

23 U.S.C. 1463 note)). 

24 (C) DEPOSITORY INSTITUTION.—The term 

25 ‘‘depository institution’’ has the meaning given 
1738 

•HR 925 EAH 

1 under section 3 of the Federal Deposit Insurance 

2 Act (12 U.S.C. 1813). 

3 (D) INSURED CREDIT UNION.—The term 

4 ‘‘insured credit union’’ has the meaning given in 

5 section 101 of the Federal Credit Union Act (12 

6 U.S.C. 1752). 

7 (7) TECHNICAL AMENDMENT.—Section 308(b) of 

8 the Financial Institutions Reform, Recovery, and En9 forcement Act of 1989 (12 U.S.C. 1463 note) is 

10 amended by adding at the end the following new 

11 paragraph: 

12 ‘‘(3) DEPOSITORY INSTITUTION.—The term ‘de13 pository institution’ means an ‘insured depository in14 stitution’ (as defined in section 3 of the Federal De15 posit Insurance Act (12 U.S.C. 1813)) and an in16 sured credit union (as defined in section 101 of the 

17 Federal Credit Union Act (12 U.S.C. 1752)).’’. 

18 (e) FEDERAL DEPOSITS IN MINORITY DEPOSITORY IN19 STITUTIONS.— 

20 (1) IN GENERAL.—Section 308 of the Financial 

21 Institutions Reform, Recovery, and Enforcement Act 

22 of 1989 (12 U.S.C. 1463 note) is amended— 

23 (A) by adding at the end the following new 

24 subsection: 
1739 

•HR 925 EAH 

1 ‘‘(d) FEDERAL DEPOSITS.—The Secretary of the 

2 Treasury shall ensure that deposits made by Federal agen3 cies in minority depository institutions and impact banks 

4 are collateralized or insured, as determined by the Sec5 retary. Such deposits shall include reciprocal deposits as 

6 defined in section 337.6(e)(2)(v) of title 12, Code of Federal 

7 Regulations (as in effect on March 6, 2019).’’; and 

8 (B) in subsection (b), as amended by sub9 section (d)(7), by adding at the end the following 

10 new paragraph: 

11 ‘‘(4) IMPACT BANK.—The term ‘impact bank’ 

12 means a depository institution designated by the ap13 propriate Federal banking agency pursuant to section 

14 707(c) of the Promoting and Advancing Communities 

15 of Color through Inclusive Lending Act.’’. 

16 (2) TECHNICAL AMENDMENTS.—Section 308 of 

17 the Financial Institutions Reform, Recovery, and En18 forcement Act of 1989 (12 U.S.C. 1463 note) is 

19 amended— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘section—’’ and inserting ‘‘section:’’; 

22 and 

23 (B) in the paragraph heading for para24 graph (1), by striking ‘‘FINANCIAL’’ and insert25 ing ‘‘DEPOSITORY’’. 
1740 

•HR 925 EAH 

1 (f) MINORITY BANK DEPOSIT PROGRAM.— 

2 (1) IN GENERAL.—Section 1204 of the Financial 

3 Institutions Reform, Recovery, and Enforcement Act 

4 of 1989 (12 U.S.C. 1811 note) is amended to read as 

5 follows: 

6 ‘‘SEC. 1204. EXPANSION OF USE OF MINORITY DEPOSITORY 

7 INSTITUTIONS. 

8 ‘‘(a) MINORITY BANK DEPOSIT PROGRAM.— 

9 ‘‘(1) ESTABLISHMENT.—There is established a 

10 program to be known as the ‘Minority Bank Deposit 

11 Program’ to expand the use of minority depository 

12 institutions. 

13 ‘‘(2) ADMINISTRATION.—The Secretary of the 

14 Treasury, acting through the Fiscal Service, shall— 

15 ‘‘(A) on application by a depository institu16 tion or credit union, certify whether such deposi17 tory institution or credit union is a minority de18 pository institution; 

19 ‘‘(B) maintain and publish a list of all de20 pository institutions and credit unions that have 

21 been certified pursuant to subparagraph (A); 

22 and 

23 ‘‘(C) periodically distribute the list de24 scribed in subparagraph (B) to— 
1741 

•HR 925 EAH 

1 ‘‘(i) all Federal departments and agen2 cies; 

3 ‘‘(ii) interested State and local govern4 ments; and 

5 ‘‘(iii) interested private sector compa6 nies. 

7 ‘‘(3) INCLUSION OF CERTAIN ENTITIES ON

8 LIST.—A depository institution or credit union that, 

9 on the date of the enactment of this section, has a cur10 rent certification from the Secretary of the Treasury 

11 stating that such depository institution or credit 

12 union is a minority depository institution shall be 

13 included on the list described under paragraph 

14 (2)(B). 

15 ‘‘(b) EXPANDED USE AMONG FEDERAL DEPARTMENTS

16 AND AGENCIES.— 

17 ‘‘(1) IN GENERAL.—Not later than 1 year after 

18 the establishment of the program described in sub19 section (a), the head of each Federal department or 

20 agency shall develop and implement standards and 

21 procedures to prioritize, to the maximum extent pos22 sible as permitted by law and consistent with prin23 ciples of sound financial management, the use of mi24 nority depository institutions to hold the deposits of 

25 each such department or agency. 
1742 

•HR 925 EAH 

1 ‘‘(2) REPORT TO CONGRESS.—Not later than 2 

2 years after the establishment of the program described 

3 in subsection (a), and annually thereafter, the head of 

4 each Federal department or agency shall submit to 

5 Congress a report on the actions taken to increase the 

6 use of minority depository institutions to hold the de7 posits of each such department or agency. 

8 ‘‘(c) DEFINITIONS.—For purposes of this section: 

9 ‘‘(1) CREDIT UNION.—The term ‘credit union’ 

10 has the meaning given the term ‘insured credit union’ 

11 in section 101 of the Federal Credit Union Act (12 

12 U.S.C. 1752). 

13 ‘‘(2) DEPOSITORY INSTITUTION.—The term ‘de14 pository institution’ has the meaning given in section 

15 3 of the Federal Deposit Insurance Act (12 U.S.C. 

16 1813). 

17 ‘‘(3) MINORITY DEPOSITORY INSTITUTION.—The 

18 term ‘minority depository institution’ has the mean19 ing given that term under section 308 of this Act.’’. 

20 (2) CONFORMING AMENDMENTS.—The following 

21 provisions are amended by striking ‘‘1204(c)(3)’’ and 

22 inserting ‘‘1204(c)’’: 

23 (A) Section 808(b)(3) of the Community Re24 investment Act of 1977 (12 U.S.C. 2907(b)(3)). 
1743 

•HR 925 EAH 

1 (B) Section 40(g)(1)(B) of the Federal De2 posit Insurance Act (12 U.S.C. 1831q(g)(1)(B)). 

3 (C) Section 704B(h)(4) of the Equal Credit 

4 Opportunity Act (15 U.S.C. 1691c–2(h)(4)). 

5 (g) DIVERSITY REPORT AND BEST PRACTICES.— 

6 (1) ANNUAL REPORT.—Each covered regulator 

7 shall submit to Congress an annual report on diver8 sity including the following: 

9 (A) Data, based on voluntary self-identifica10 tion, on the racial, ethnic, and gender composi11 tion of the examiners of each covered regulator, 

12 disaggregated by length of time served as an ex13 aminer. 

14 (B) The status of any examiners of covered 

15 regulators, based on voluntary self-identification, 

16 as a veteran. 

17 (C) Whether any covered regulator, as of the 

18 date on which the report required under this sec19 tion is submitted, has adopted a policy, plan, or 

20 strategy to promote racial, ethnic, and gender di21 versity among examiners of the covered regu22 lator. 

23 (D) Whether any special training is devel24 oped and provided for examiners related specifi25 cally to working with depository institutions and 
1744 

•HR 925 EAH 

1 credit unions that serve communities that are 

2 predominantly minorities, low income, or rural, 

3 and the key focus of such training. 

4 (2) BEST PRACTICES.—Each Office of Minority 

5 and Women Inclusion of a covered regulator shall de6 velop, provide to the head of the covered regulator, 

7 and make publicly available best practices— 

8 (A) for increasing the diversity of can9 didates applying for examiner positions, includ10 ing through outreach efforts to recruit diverse 

11 candidate to apply for entry-level examiner posi12 tions; and 

13 (B) for retaining and providing fair consid14 eration for promotions within the examiner staff 

15 for purposes of achieving diversity among exam16 iners. 

17 (3) COVERED REGULATOR DEFINED.—In this 

18 subsection, the term ‘‘covered regulator’’ means the 

19 Comptroller of the Currency, the Board of Governors 

20 of the Federal Reserve System, the Federal Deposit 

21 Insurance Corporation, and the National Credit 

22 Union Administration. 

23 (h) INVESTMENTS IN MINORITY DEPOSITORY INSTITU24 TIONS AND IMPACT BANKS.— 
1745 

•HR 925 EAH 

1 (1) CONTROL FOR CERTAIN INSTITUTIONS.—Sec2 tion 7(j)(8)(B) of the Federal Deposit Insurance Act 

3 (12 U.S.C. 1817(j)(8)(B)) is amended to read as fol4 lows: 

5 ‘‘(B) ‘control’ means the power, directly or indi6 rectly— 

7 ‘‘(i) to direct the management or policies of 

8 an insured depository institution; or 

9 ‘‘(ii)(I) to vote 25 per centum or more of 

10 any class of voting securities of an insured de11 pository institution; or 

12 ‘‘(II) with respect to an insured depository 

13 institution that is an impact bank (as des14 ignated pursuant to section 707(c) of the Pro15 moting and Advancing Communities of Color 

16 through Inclusive Lending Act) or a minority 

17 depository institution (as defined in section 

18 308(b) of the Financial Institutions Reform, Re19 covery, and Enforcement Act of 1989), of an in20 dividual to vote 30 percent or more of any class 

21 of voting securities of such an impact bank or a 

22 minority depository institution.’’. 

23 (2) RULEMAKING.—The Federal banking agen24 cies (as defined in section 3 of the Federal Deposit In25 surance Act (12 U.S.C. 1813)) shall jointly issue rules 
1746 

•HR 925 EAH 

1 for de novo minority depository institutions to allow 

2 3 years to meet the capital requirements otherwise ap3 plicable to minority depository institutions. 

4 (3) REPORT.—Not later than 1 year after the 

5 date of the enactment of this Act, the Federal banking 

6 agencies shall jointly submit to Congress a report 

7 on— 

8 (A) the principal causes for the low number 

9 of de novo minority depository institutions dur10 ing the 10-year period preceding the date of the 

11 report; 

12 (B) the main challenges to the creation of de 

13 novo minority depository institutions; and 

14 (C) regulatory and legislative considerations 

15 to promote the establishment of de novo minority 

16 depository institutions. 

17 (i) REPORT ON COVERED MENTOR-PROTEGE PRO18 GRAMS.— 

19 (1) REPORT.—Not later than 6 months after the 

20 date of the enactment of this Act and annually there21 after, the Secretary of the Treasury shall submit to 

22 Congress a report on participants in a covered men23 tor-protege program, including— 

24 (A) an analysis of outcomes of such pro25 gram; 
1747 

•HR 925 EAH 

1 (B) the number of minority depository in2 stitutions that are eligible to participate in such 

3 program but do not have large financial institu4 tion mentors; and 

5 (C) recommendations for how to match such 

6 minority depository institutions with large fi7 nancial institution mentors. 

8 (2) DEFINITIONS.—In this subsection: 

9 (A) COVERED MENTOR-PROTEGE PRO10 GRAM.—The term ‘‘covered mentor-protege pro11 gram’’ means a mentor-protege program estab12 lished by the Secretary of the Treasury pursuant 

13 to section 45 of the Small Business Act (15 

14 U.S.C. 657r). 

15 (B) LARGE FINANCIAL INSTITUTION.—The 

16 term ‘‘large financial institution’’ means any en17 tity— 

18 (i) regulated by the Comptroller of the 

19 Currency, the Board of Governors of the 

20 Federal Reserve System, the Federal Deposit 

21 Insurance Corporation, or the National 

22 Credit Union Administration; and 

23 (ii) that has total consolidated assets 

24 greater than or equal to $50,000,000,000. 
1748 

•HR 925 EAH 

1 (j) CUSTODIAL DEPOSIT PROGRAM FOR COVERED MI2 NORITY DEPOSITORY INSTITUTIONS AND IMPACT BANKS.— 

3 (1) IN GENERAL.—Not later than one year after 

4 the date of the enactment of this Act, the Secretary of 

5 the Treasury shall issue rules establishing a custodial 

6 deposit program under which a covered bank may re7 ceive deposits from a qualifying account. 

8 (2) REQUIREMENTS.—In issuing rules under 

9 paragraph (1), the Secretary of the Treasury shall— 

10 (A) consult with the Federal banking agen11 cies; 

12 (B) ensure each covered bank participating 

13 in the program established under this sub14 section— 

15 (i) has appropriate policies relating to 

16 management of assets, including measures 

17 to ensure the safety and soundness of each 

18 such covered bank; and 

19 (ii) is compliant with applicable law; 

20 and 

21 (C) ensure, to the extent practicable that the 

22 rules do not conflict with goals described in sec23 tion 308(a) of the Financial Institutions Reform, 

24 Recovery, and Enforcement Act of 1989 (12 

25 U.S.C. 1463 note). 
1749 

•HR 925 EAH 

1 (3) LIMITATIONS.— 

2 (A) DEPOSITS.—With respect to the funds 

3 of an individual qualifying account, an entity 

4 may not deposit an amount greater than the in5 sured amount in a single covered bank. 

6 (B) TOTAL DEPOSITS.—The total amount of 

7 funds deposited in a covered bank under the cus8 todial deposit program described under this sub9 section may not exceed the lesser of— 

10 (i) 10 percent of the average amount of 

11 deposits held by such covered bank in the 

12 previous quarter; or 

13 (ii) $100,000,000 (as adjusted for in14 flation). 

15 (4) REPORT.—Each quarter, the Secretary of the 

16 Treasury shall submit to Congress a report on the im17 plementation of the program established under this 

18 subsection including information identifying partici19 pating covered banks and the total amount of deposits 

20 received by covered banks under the program. 

21 (5) DEFINITIONS.—In this subsection: 

22 (A) COVERED BANK.—The term ‘‘covered 

23 bank’’ means— 
1750 

•HR 925 EAH 

1 (i) a minority depository institution 

2 that is well capitalized, as defined by the 

3 appropriate Federal banking agency; or 

4 (ii) a depository institution designated 

5 pursuant to subsection (c) that is well cap6 italized, as defined by the appropriate Fed7 eral banking agency. 

8 (B) INSURED AMOUNT.—The term ‘‘insured 

9 amount’’ means the amount that is the greater 

10 of— 

11 (i) the standard maximum deposit in12 surance amount (as defined in section 

13 11(a)(1)(E) of the Federal Deposit Insur14 ance Act (12 U.S.C. 1821(a)(1)(E))); or 

15 (ii) such higher amount negotiated be16 tween the Secretary of the Treasury and the 

17 Federal Deposit Insurance Corporation 

18 under which the Corporation will insure all 

19 deposits of such higher amount. 

20 (C) FEDERAL BANKING AGENCIES.—The 

21 terms ‘‘appropriate Federal banking agency’’ 

22 and ‘‘Federal banking agencies’’ have the mean23 ing given those terms, respectively, under section 

24 3 of the Federal Deposit Insurance Act. 
1751 

•HR 925 EAH 

1 (D) QUALIFYING ACCOUNT.—The term 

2 ‘‘qualifying account’’ means any account estab3 lished in the Department of the Treasury that— 

4 (i) is controlled by the Secretary; and 

5 (ii) is expected to maintain a balance 

6 greater than $200,000,000 for the following 

7 24-month period. 

8 (k) STREAMLINED COMMUNITY DEVELOPMENT FINAN9 CIAL INSTITUTION APPLICATIONS AND REPORTING.— 

10 (1) APPLICATION PROCESSES.—Not later than 12 

11 months after the date of the enactment of this Act and 

12 with respect to any person having assets under 

13 $3,000,000,000 that submits an application for de14 posit insurance with the Federal Deposit Insurance 

15 Corporation that could also become a community de16 velopment financial institution, the Federal Deposit 

17 Insurance Corporation, in consultation with the Ad18 ministrator of the Community Development Finan19 cial Institutions Fund, shall— 

20 (A) develop systems and procedures to 

21 record necessary information to allow the Ad22 ministrator to conduct preliminary analysis for 

23 such person to also become a community develop24 ment financial institution; and 
1752 

•HR 925 EAH 

1 (B) develop procedures to streamline the ap2 plication and annual certification processes and 

3 to reduce costs for such person to become, and 

4 maintain certification as, a community develop5 ment financial institution. 

6 (2) IMPLEMENTATION REPORT.—Not later than 

7 18 months after the date of the enactment of this Act, 

8 the Federal Deposit Insurance Corporation shall sub9 mit to Congress a report describing the systems and 

10 procedures required under paragraph (1). 

11 (3) ANNUAL REPORT.— 

12 (A) IN GENERAL.—Section 17(a)(1) of the 

13 Federal Deposit Insurance Act (12 U.S.C. 

14 1827(a)(1)) is amended— 

15 (i) in subparagraph (E), by striking 

16 ‘‘and’’ at the end; 

17 (ii) by redesignating subparagraph (F) 

18 as subparagraph (G); 

19 (iii) by inserting after subparagraph 

20 (E) the following new subparagraph: 

21 ‘‘(F) applicants for deposit insurance that 

22 could also become a community development fi23 nancial institution (as defined in section 103 of 

24 the Riegle Community Development and Regu25 latory Improvement Act of 1994), a minority de-
1753 

•HR 925 EAH 

1 pository institution (as defined in section 308 of 

2 the Financial Institutions Reform, Recovery, 

3 and Enforcement Act of 1989), or an impact 

4 bank (as designated pursuant to section 707(c) of 

5 the Promoting and Advancing Communities of 

6 Color through Inclusive Lending Act); and’’. 

7 (B) APPLICATION.—The amendment made 

8 by this paragraph shall apply with respect to the 

9 first report to be submitted after the date that is 

10 2 years after the date of the enactment of this 

11 Act. 

12 (l) TASK FORCE ON LENDING TO SMALL BUSINESS

13 CONCERNS.— 

14 (1) IN GENERAL.—Not later than 6 months after 

15 the date of the enactment of this Act, the Adminis16 trator of the Small Business Administration shall es17 tablish a task force to examine methods for improving 

18 relationships between the Small Business Administra19 tion and community development financial institu20 tions, minority depository institutions, and Impact 

21 Banks to increase the volume of loans provided by 

22 such institutions to small business concerns (as de23 fined under section 3 of the Small Business Act (15 

24 U.S.C. 632)). 
1754 

•HR 925 EAH 

1 (2) REPORT TO CONGRESS.—Not later than 18 

2 months after the establishment of the task force de3 scribed in paragraph (1), the Administrator of the 

4 Small Business Administration shall submit to Con5 gress a report on the findings of such task force. 

6 SEC. 708. ESTABLISHMENT OF FINANCIAL AGENT PARTNER7 SHIP PROGRAM. 

8 (a) IN GENERAL.—Section 308 of the Financial Insti9 tutions Reform, Recovery, and Enforcement Act of 1989 (12 

10 U.S.C. 1463 note), as amended by section 706(e), is further 

11 amended by adding at the end the following new subsection: 

12 ‘‘(e) FINANCIAL AGENT PARTNERSHIP PROGRAM.— 

13 ‘‘(1) IN GENERAL.—The Secretary of the Treas14 ury shall establish a program to be known as the ‘Fi15 nancial Agent Partnership Program’ (in this sub16 section referred to as the ‘Program’) under which a fi17 nancial agent designated by the Secretary or a large 

18 financial institution may serve as a mentor, under 

19 guidance or regulations prescribed by the Secretary, 

20 to a small financial institution to allow such small 

21 financial institution— 

22 ‘‘(A) to be prepared to perform as a finan23 cial agent; or 
1755 

•HR 925 EAH 

1 ‘‘(B) to improve capacity to provide services 

2 to the customers of the small financial institu3 tion. 

4 ‘‘(2) OUTREACH.—The Secretary shall hold out5 reach events to promote the participation of financial 

6 agents, large financial institutions, and small finan7 cial institutions in the Program at least once a year. 

8 ‘‘(3) FINANCIAL PARTNERSHIPS.— 

9 ‘‘(A) IN GENERAL.—Any large financial in10 stitution participating in a program with the 

11 Department of the Treasury, if not already re12 quired to include a small financial institution, 

13 shall offer not more than 5 percent of every con14 tract under that program to a small financial 

15 institution. 

16 ‘‘(B) ACCEPTANCE OF RISK.—As a require17 ment of participation in a contract described 

18 under subparagraph (A), a small financial insti19 tution shall accept the risk of the transaction 

20 equivalent to the percentage of any fee the insti21 tution receives under the contract. 

22 ‘‘(C) PARTNER.—A large financial institu23 tion partner may work with small financial in24 stitutions, if necessary, to train professionals to 
1756 

•HR 925 EAH 

1 understand any risks involved in a contract 

2 under the Program. 

3 ‘‘(D) INCREASED LIMIT FOR CERTAIN INSTI4 TUTIONS.—With respect to a program described 

5 under subparagraph (A), if the Secretary of the 

6 Treasury determines that it would be appro7 priate and would encourage capacity building, 

8 the Secretary may alter the requirements under 

9 subparagraph (A) to require both— 

10 ‘‘(i) a higher percentage of the contract 

11 be offered to a small financial institution; 

12 and 

13 ‘‘(ii) require the small financial insti14 tution to be a community development fi15 nancial institution or a minority deposi16 tory institution. 

17 ‘‘(4) EXCLUSION.—The Secretary shall issue 

18 guidance or regulations to establish a process under 

19 which a financial agent, large financial institution, 

20 or small financial institution may be excluded from 

21 participation in the Program. 

22 ‘‘(5) REPORT.—The Office of Minority and 

23 Women Inclusion of the Department of the Treasury 

24 shall include in the report submitted to Congress 

25 under section 342(e) of the Dodd-Frank Wall Street 
1757 

•HR 925 EAH 

1 Reform and Consumer Protection Act information 

2 pertaining to the Program, including— 

3 ‘‘(A) the number of financial agents, large 

4 financial institutions, and small financial insti5 tutions participating in such Program; and 

6 ‘‘(B) the number of outreach events de7 scribed in paragraph (2) held during the year 

8 covered by such report. 

9 ‘‘(6) DEFINITIONS.—In this subsection: 

10 ‘‘(A) COMMUNITY DEVELOPMENT FINANCIAL

11 INSTITUTION.—The term ‘community develop12 ment financial institution’ has the meaning 

13 given that term under section 103 of the Riegle 

14 Community Development and Regulatory Im15 provement Act of 1994 (12 U.S.C. 4702). 

16 ‘‘(B) FINANCIAL AGENT.—The term ‘finan17 cial agent’ means any national banking associa18 tion designated by the Secretary of the Treasury 

19 to be employed as a financial agent of the Gov20 ernment. 

21 ‘‘(C) LARGE FINANCIAL INSTITUTION.—The 

22 term ‘large financial institution’ means any en23 tity regulated by the Comptroller of the Cur24 rency, the Board of Governors of the Federal Re25 serve System, the Federal Deposit Insurance Cor-
1758 

•HR 925 EAH 

1 poration, or the National Credit Union Adminis2 tration that has total consolidated assets greater 

3 than or equal to $50,000,000,000. 

4 ‘‘(D) SMALL FINANCIAL INSTITUTION.—The 

5 term ‘small financial institution’ means— 

6 ‘‘(i) any entity regulated by the Comp7 troller of the Currency, the Board of Gov8 ernors of the Federal Reserve System, the 

9 Federal Deposit Insurance Corporation, or 

10 the National Credit Union Administration 

11 that has total consolidated assets lesser than 

12 or equal to $2,000,000,000; or 

13 ‘‘(ii) a minority depository institu14 tion.’’. 

15 (b) EFFECTIVE DATE.—This section and the amend16 ments made by this section shall take effect 90 days after 

17 the date of the enactment of this Act. 

18 SEC. 709. STRENGTHENING MINORITY LENDING INSTITU19 TIONS. 

20 (a) MINORITY LENDING INSTITUTION SET-ASIDE IN

21 PROVIDING ASSISTANCE.— 

22 (1) IN GENERAL.—Section 108 of the Commu23 nity Development Banking and Financial Institu24 tions Act of 1994 (12 U.S.C. 4707) is amended by 

25 adding at the end the following: 
1759 

•HR 925 EAH 

1 ‘‘(i) MINORITY LENDING INSTITUTION SET-ASIDE IN

2 PROVIDING ASSISTANCE.—Notwithstanding any other pro3 vision of law, in providing any assistance, the Fund shall 

4 reserve 40 percent of such assistance for minority lending 

5 institutions.’’. 

6 (2) DEFINITIONS.— 

7 (A) IN GENERAL.—Section 103 of the Com8 munity Development Banking and Financial In9 stitutions Act of 1994 (12 U.S.C. 4702) is 

10 amended by adding at the end the following: 

11 ‘‘(22) MINORITY LENDING INSTITUTION DEFINI12 TIONS.— 

13 ‘‘(A) MINORITY.—The term ‘minority’ 

14 means any Black American, Hispanic American, 

15 Asian American, Native American, Native Alas16 kan, Native Hawaiian, or Pacific Islander. 

17 ‘‘(B) MINORITY LENDING INSTITUTION.— 

18 The term ‘minority lending institution’ means a 

19 community development financial institution— 

20 ‘‘(i) with respect to which a majority 

21 of the total number of loans and a majority 

22 of the value of investments of the commu23 nity development financial institution are 

24 directed at minorities and other targeted 

25 populations; 
1760 

•HR 925 EAH 

1 ‘‘(ii) that is a minority depository in2 stitution, as defined under section 308 of 

3 the Financial Institutions Reform, Recov4 ery, and Enforcement Act of 1989 (12 

5 U.S.C. 1463 note), or otherwise considered 

6 to be a minority depository institution by 

7 the appropriate Federal banking agency; or 

8 ‘‘(iii) that is 51 percent owned by one 

9 or more socially and economically dis10 advantaged individuals. 

11 ‘‘(C) ADDITIONAL DEFINITIONS.—In this 

12 paragraph, the terms ‘other targeted populations’ 

13 and ‘socially and economically disadvantaged 

14 individual’ shall have the meaning given those 

15 terms by the Administrator.’’. 

16 (B) TEMPORARY SAFE HARBOR FOR CER17 TAIN INSTITUTIONS.—A community development 

18 financial institution that is a minority deposi19 tory institution listed in the Federal Deposit In20 surance Corporation’s Minority Depository In21 stitutions List published for the Second Quarter 

22 2020 shall be deemed a ‘‘minority lending insti23 tution’’ under section 103(22) of the Community 

24 Development Banking and Financial Institu25 tions Act of 1994 for purposes of— 
1761 

•HR 925 EAH 

1 (i) any program carried out using ap2 propriations authorized for the Community 

3 Development Financial Institutions Fund 

4 under section 706; and 

5 (ii) the Neighborhood Capital Invest6 ment Program established under section 

7 4003(i) of the CARES Act. 

8 (b) OFFICE OF MINORITY LENDING INSTITUTIONS.— 

9 Section 104 of the Community Development Banking and 

10 Financial Institutions Act of 1994 (12 U.S.C. 4703) is 

11 amended by adding at the end the following: 

12 ‘‘(l) OFFICE OF MINORITY LENDING INSTITUTIONS.— 

13 ‘‘(1) ESTABLISHMENT.—There is established 

14 within the Fund an Office of Minority Lending Insti15 tutions, which shall oversee assistance provided by the 

16 Fund to minority lending institutions. 

17 ‘‘(2) DEPUTY DIRECTOR.—The head of the Office 

18 shall be the Deputy Director of Minority Lending In19 stitutions, who shall report directly to the Adminis20 trator of the Fund.’’. 

21 (c) REPORTING ON MINORITY LENDING INSTITU22 TIONS.—Section 117 of the Community Development Bank23 ing and Financial Institutions Act of 1994 (12 U.S.C. 

24 4716) is amended by adding at the end the following: 
1762 

•HR 925 EAH 

1 ‘‘(g) REPORTING ON MINORITY LENDING INSTITU2 TIONS.—Each report required under subsection (a) shall in3 clude a description of the extent to which assistance from 

4 the Fund are provided to minority lending institutions.’’. 

5 (d) SUBMISSION OF DATA RELATING TO DIVERSITY BY

6 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS.— 

7 Section 104 of the Riegle Community Development and 

8 Regulatory Improvement Act of 1994 (12 U.S.C. 4703) is 

9 amended by adding at the end the following: 

10 ‘‘(l) SUBMISSION OF DATA RELATING TO DIVER11 SITY.— 

12 ‘‘(1) DEFINITIONS.—In this subsection— 

13 ‘‘(A) the term ‘executive officer’ has the 

14 meaning given the term in section 230.501(f) of 

15 title 17, Code of Federal Regulations, as in effect 

16 on the date of enactment of this subsection; and 

17 ‘‘(B) the term ‘veteran’ has the meaning 

18 given the term in section 101 of title 38, United 

19 States Code. 

20 ‘‘(2) SUBMISSION OF DISCLOSURE.—Each Fund 

21 applicant and recipient shall provide the following: 

22 ‘‘(A) Data, based on voluntary self-identi23 fication, on the racial, ethnic, and gender com24 position of— 
1763 

•HR 925 EAH 

1 ‘‘(i) the board of directors of the insti2 tution; 

3 ‘‘(ii) nominees for the board of direc4 tors of the institution; and 

5 ‘‘(iii) the executive officers of the insti6 tution. 

7 ‘‘(B) The status of any member of the board 

8 of directors of the institution, any nominee for 

9 the board of directors of the institution, or any 

10 executive officer of the institution, based on vol11 untary self-identification, as a veteran. 

12 ‘‘(C) Whether the board of directors of the 

13 institution, or any committee of that board of di14 rectors, has, as of the date on which the institu15 tion makes a disclosure under this paragraph, 

16 adopted any policy, plan, or strategy to promote 

17 racial, ethnic, and gender diversity among— 

18 ‘‘(i) the board of directors of the insti19 tution; 

20 ‘‘(ii) nominees for the board of direc21 tors of the institution; or 

22 ‘‘(iii) the executive officers of the insti23 tution. 

24 ‘‘(3) ANNUAL REPORT.—Not later than 18 

25 months after the date of enactment of this subsection, 
1764 

•HR 925 EAH 

1 and annually thereafter, the Fund shall submit to the 

2 Committee on Banking, Housing, and Urban Affairs 

3 of the Senate and the Committee on Financial Serv4 ices of the House of Representatives, and make pub5 licly available on the website of the Fund, a report— 

6 ‘‘(A) on the data and trends of the diversity 

7 information made available pursuant to para8 graph (2); and 

9 ‘‘(B) containing all administrative or legis10 lative recommendations of the Fund to enhance 

11 the implementation of this title or to promote di12 versity and inclusion within community develop13 ment financial institutions.’’. 

14 SEC. 710. CDFI BOND GUARANTEE REFORM. 

15 Effective October 1, 2020, section 114A(e)(2)(B) of the 

16 Riegle Community Development and Regulatory Improve17 ment Act of 1994 (12 U.S.C. 4713a(e)(2)(B)) is amended 

18 by striking ‘‘$100,000,000’’ and inserting ‘‘$50,000,000’’. 

19 SEC. 711. REPORTS. 

20 (a) IN GENERAL.—The Secretary of the Treasury shall 

21 provide to the appropriate committees of Congress— 

22 (1) within 30 days of the end of each month 

23 commencing with the first month in which trans24 actions are made under a program established under 

25 this title or the amendments made by this title, a 
1765 

•HR 925 EAH 

1 written report describing all of the transactions made 

2 during the reporting period pursuant to the authori3 ties granted under this title or the amendments made 

4 by this title; and 

5 (2) after the end of March and the end of Sep6 tember, commencing March 31, 2021, a written report 

7 on all projected costs and liabilities, all operating ex8 penses, including compensation for financial agents, 

9 and all transactions made by the Community Devel10 opment Financial Institutions Fund, including par11 ticipating institutions and amounts each institution 

12 has received under each program described in para13 graph (1). 

14 (b) BREAKDOWN OF FUNDS.—Each report required 

15 under subsection (a) shall specify the amount of funds 

16 under each program described under subsection (a)(1) that 

17 went to— 

18 (1) minority depository institutions that are de19 pository institutions; 

20 (2) minority depository institutions that are 

21 credit unions; 

22 (3) minority lending institutions; 

23 (4) community development financial institution 

24 loan funds; 
1766 

•HR 925 EAH 

1 (5) community development financial institu2 tions that are depository institutions; and 

3 (6) community development financial institu4 tions that are credit unions. 

5 (c) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

7 The term ‘‘appropriate committees of Congress’’ 

8 means the Committee on Financial Services of the 

9 House of Representatives and the Committee on 

10 Banking, Housing, and Urban Affairs of the Senate. 

11 (2) COMMUNITY DEVELOPMENT FINANCIAL INSTI12 TUTION.—The term ‘‘community development finan13 cial institution’’ has the meaning given that term 

14 under section 103 of the Riegle Community Develop15 ment and Regulatory Improvement Act of 1994. 

16 (3) CREDIT UNION.—The term ‘‘credit union’’ 

17 means a State credit union or a Federal credit union, 

18 as such terms are defined, respectively, under section 

19 101 of the Federal Credit Union Act. 

20 (4) DEPOSITORY INSTITUTION.—The term ‘‘de21 pository institution’’ has the meaning given that term 

22 under section 3 of the Federal Deposit Insurance Act. 

23 (5) MINORITY DEPOSITORY INSTITUTION.—The 

24 term ‘‘minority depository institution’’ has the mean25 ing given under section 308 of the Financial Institu-
1767 

•HR 925 EAH 

1 tions Reform, Recovery, and Enforcement Act of 1989 

2 . 

3 (6) MINORITY LENDING INSTITUTION.—The term 

4 ‘‘minority lending institution’’ has the meaning given 

5 that term under section 103 of the Community Devel6 opment Banking and Financial Institutions Act of 

7 1994. 

8 SEC. 712. INSPECTOR GENERAL OVERSIGHT. 

9 (a) IN GENERAL.—The Inspector General of the De10 partment of the Treasury shall conduct, supervise, and co11 ordinate audits and investigations of any program estab12 lished under this title or the amendments made by this title. 

13 (b) REPORTING.—The Inspector General of the Depart14 ment of the Treasury shall issue a report not less frequently 

15 than 2 times per year to Congress and the Secretary of the 

16 Treasury relating to the oversight provided by the Office 

17 of the Inspector General, including any recommendations 

18 for improvements to the programs described in subsection 

19 (a). 

20 SEC. 713. STUDY AND REPORT WITH RESPECT TO IMPACT 

21 OF PROGRAMS ON LOW- AND MODERATE-IN22 COME AND MINORITY COMMUNITIES. 

23 (a) STUDY.—The Secretary of the Treasury shall con24 duct a study of the impact of the programs established 
1768 

•HR 925 EAH 

1 under this title or any amendment made by this title on 

2 low- and moderate-income and minority communities. 

3 (b) REPORT.—Not later than 18 months after the date 

4 of enactment of this Act, the Secretary shall submit to Con5 gress a report on the results of the study conducted pursuant 

6 to subsection (a), which shall include, to the extent possible, 

7 the results of the study disaggregated by ethnic group. 

8 (c) INFORMATION PROVIDED TO THE SECRETARY.— 

9 Eligible institutions that participate in any of the pro10 grams described in subsection (a) shall provide the Sec11 retary of the Treasury with such information as the Sec12 retary may require to carry out the study required by this 

13 section. 

14 TITLE VIII—PROVIDING ASSIST15 ANCE FOR STATE, TERRI16 TORY, TRIBAL, AND LOCAL 

17 GOVERNMENTS 

18 SEC. 801. EMERGENCY RELIEF FOR STATE, TERRITORIAL, 

19 TRIBAL, AND LOCAL GOVERNMENTS. 

20 (a) PURCHASE OF COVID–19 RELATED MUNICIPAL

21 ISSUANCES.—Section 14(b) of the Federal Reserve Act (12 

22 U.S.C. 355) is amended by adding at the end the following 

23 new paragraph: 

24 ‘‘(3) UNUSUAL AND EXIGENT CIRCUMSTANCES.— 

25 Under unusual and exigent circumstances, to buy any 
1769 

•HR 925 EAH 

1 bills, notes, revenue bonds, and warrants issued by 

2 any State, county, district, political subdivision, mu3 nicipality, or entity that is a combination of any of 

4 the several States, the District of Columbia, or any of 

5 the territories and possessions of the United States. In 

6 this paragraph, the term ‘State’ means each of the 

7 several States, the District of Columbia, each territory 

8 and possession of the United States, and each feder9 ally recognized Indian Tribe.’’. 

10 (b) FEDERAL RESERVE AUTHORIZATION TO PUR11 CHASE COVID–19 RELATED MUNICIPAL ISSUANCES.— 

12 Within 7 days after the date of the enactment of this sub13 section, the Board of Governors of the Federal Reserve Sys14 tem shall modify the Municipal Liquidity Facility (estab15 lished on April 9, 2020, pursuant to section 13(3) of the 

16 Federal Reserve Act (12 U.S.C. 343(3))) to— 

17 (1) ensure such facility is operational until Feb18 ruary 1, 2021; 

19 (2) allow for the purchase of bills, notes, bonds, 

20 and warrants with maximum maturity of 10 years 

21 from the date of such purchase; 

22 (3) ensure that any purchases made are at an 

23 interest rate equal to the discount window primary 

24 credit interest rate most recently published on the 

25 Federal Reserve Statistical Release on selected interest 
1770 

•HR 925 EAH 

1 rates (daily or weekly), commonly referred to as the 

2 ‘‘H.15 release’’ or the ‘‘Federal funds rate’’; 

3 (4) ensure that an eligible issuer does not need 

4 to attest to an inability to secure credit elsewhere; 

5 and 

6 (5) include in the list of eligible issuers for such 

7 purchases— 

8 (A) any of the territories and possessions of 

9 the United States; 

10 (B) a political subdivision of a State with 

11 a population of more than 50,000 residents; and 

12 (C) an entity that is a combination of any 

13 of the several States, the District of Columbia, or 

14 any of the territories and possessions of the 

15 United States. 

16 SEC. 802. COMMUNITY DEVELOPMENT BLOCK GRANTS. 

17 (a) FUNDING AND ALLOCATIONS.— 

18 (1) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated $5,000,000,000 

20 for assistance in accordance with this section under 

21 the community development block grant program 

22 under title I of the Housing and Community Develop23 ment Act of 1974 (42 U.S.C. 5301 et seq.), which 

24 shall remain available until September 30, 2023. 
1771 

•HR 925 EAH 

1 (2) ALLOCATION.—Amounts made available pur2 suant to paragraph (1) shall be distributed pursuant 

3 to section 106 of such Act (42 U.S.C. 5306) to grant4 ees and such allocations shall be made within 30 days 

5 after the date of the enactment of this Act. 

6 (b) TIME LIMITATION ON EMERGENCY GRANT PAY7 MENTS.—Paragraph (4) of section 570.207(b) of the Sec8 retary’s regulations (24 C.F.R. 570.207(b)(4)) shall be ap9 plied with respect to grants with amounts made available 

10 pursuant to subsection (a), by substituting ‘‘12 consecutive 

11 months’’ for ‘‘3 consecutive months’’. 

12 (c) MATCHING OF AMOUNTS USED FOR ADMINISTRA13 TIVE COSTS.—Any requirement for a State to match or sup14 plement amounts expended for program administration of 

15 State grants under section 106(d) of the Housing and Com16 munity Development Act of 1974 (42 U.S.C. 5306(d)) shall 

17 not apply with respect to amounts made available pursuant 

18 to subsection (a). 

19 (d) CAPER INFORMATION.—During the period that be20 gins on the date of enactment of this Act and ends on the 

21 date of the termination by the Federal Emergency Manage22 ment Agency of the emergency declared on March 13, 2020, 

23 by the President under the Robert T. Stafford Disaster Re24 lief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) 

25 relating to the Coronavirus Disease 2019 (COVID–19) pan-
1772 

•HR 925 EAH 

1 demic, the Secretary shall make all information included 

2 in Consolidated Annual Performance and Evaluation Re3 ports relating to assistance made available pursuant to this 

4 section publicly available on its website on a quarterly 

5 basis. 

6 (e) AUTHORITY; WAIVERS.—Any provisions of, and 

7 waivers and alternative requirements issued by the Sec8 retary pursuant to, the heading ‘‘Department of Housing 

9 and Urban Development—Community Planning and De10 velopment —Community Development Fund’’ in title XII 

11 of division B of the CARES Act (Public Law 116–136) 

12 shall apply with respect to amounts made available pursu13 ant to subsection (a) of this section. 

14 TITLE IX—SUPPORT FOR A RO15 BUST GLOBAL RESPONSE TO 

16 THE COVID–19 PANDEMIC 

17 SEC. 901. UNITED STATES POLICIES. 

18 (a) UNITED STATES POLICIES AT THE INTERNATIONAL

19 FINANCIAL INSTITUTIONS.— 

20 (1) IN GENERAL.—The Secretary of the Treasury 

21 shall instruct the United States Executive Director at 

22 each international financial institution (as defined in 

23 section 1701(c)(2) of the International Financial In24 stitutions Act (22 U.S.C. 262r(c)(2))) to use the voice 
1773 

•HR 925 EAH 

1 and vote of the United States at the respective institu2 tion— 

3 (A) to seek to ensure adequate fiscal space 

4 for world economies in response to the global 

5 coronavirus disease 2019 (commonly referred to 

6 as ‘‘COVID–19’’) pandemic through— 

7 (i) the suspension of all debt service 

8 payments to the institution; and 

9 (ii) the relaxation of fiscal targets for 

10 any government operating a program sup11 ported by the institution, or seeking financ12 ing from the institution, in response to the 

13 pandemic; 

14 (B) to oppose the approval or endorsement 

15 of any loan, grant, document, or strategy that 

16 would lead to a decrease in health care spending 

17 or in any other spending that would impede the 

18 ability of any country to prevent or contain the 

19 spread of, or treat persons who are or may be in20 fected with, the SARS–CoV–2 virus; and 

21 (C) to require approval of all Special 

22 Drawing Rights allocation transfers from 

23 wealthier member countries to countries that are 

24 emerging markets or developing countries, based 

25 on confirmation of implementable transparency 
1774 

•HR 925 EAH 

1 mechanisms or protocols to ensure the allocations 

2 are used for the public good and in response the 

3 global pandemic. 

4 (2) IMF ISSUANCE OF SPECIAL DRAWING

5 RIGHTS.—It is the policy of the United States to sup6 port the issuance of a special allocation of not less 

7 than 2,000,000,000,000 Special Drawing Rights so 

8 that governments are able to access additional re9 sources to finance their responses to the global 

10 COVID–19 pandemic. The Secretary of the Treasury 

11 shall use the voice and vote of the United States to 

12 support the issuance, and shall instruct the United 

13 States Executive Director at the International Mone14 tary Fund to support the same. 

15 (3) ALLOCATION OF U.S. SPECIAL DRAWING

16 RIGHTS.—It is also the policy of the United States, 

17 which has large reserves and little use for its Special 

18 Drawing Rights, to contribute a significant portion of 

19 its current stock, and any future allocation of, Spe20 cial Drawing Rights to the Poverty Reduction and 

21 Growth Facility (PRGF) or a similar special purpose 

22 vehicle at the International Monetary Fund to help 

23 developing and low-income countries respond to the 

24 health and economic impacts of the COVID–19 pan25 demic. 
1775 

•HR 925 EAH 

1 (4) IMPLEMENTATION.—The Secretary of the 

2 Treasury shall instruct the United States Executive 

3 Director at the International Monetary Fund to use 

4 the voice and vote of the United States to actively 

5 promote and take all appropriate actions with respect 

6 to implementing the policy goals of the United States 

7 set forth in paragraphs (2) and (3), and shall post the 

8 instruction on the website of the Department of the 

9 Treasury. 

10 (b) UNITED STATES POLICY AT THE G20.—The Sec11 retary of the Treasury shall commence immediate efforts to 

12 reach an agreement with the Group of Twenty to extend 

13 through the end of 2021 the current moratorium on debt 

14 service payments to official bilateral creditors by the world’s 

15 poorest countries. 

16 (c) REPORT REQUIRED.—The Chairman of the Na17 tional Advisory Council on International Monetary and Fi18 nancial Policies shall include in the annual report required 

19 by section 1701 of the International Financial Institutions 

20 Act (22 U.S.C. 262r) a description of progress made toward 

21 advancing the policies described in subsection (a) of this 

22 section. 

23 (d) TERMINATION.—Subsections (a) and (c) shall have 

24 no force or effect after the earlier of— 
1776 

•HR 925 EAH 

1 (1) the date that is 1 year after the date of the 

2 enactment of this Act; or 

3 (2) the date that is 30 days after the date on 

4 which the Secretary of the Treasury submits to the 

5 Committee on Foreign Relations of the Senate and the 

6 Committee on Financial Services of the House of Rep7 resentatives a report stating that the SARS–CoV–2 

8 virus is no longer a serious threat to public health in 

9 any part of the world. 

10 TITLE X—PROVIDING OVER11 SIGHT AND PROTECTING TAX12 PAYERS 

13 SEC. 1001. MANDATORY REPORTS TO CONGRESS. 

14 (a) DISCLOSURE OF TRANSACTION REPORTS.—Section 

15 4026(b)(1)(A)(iii) of the CARES Act (Public Law 116–136) 

16 is amended— 

17 (1) in subclause (IV)— 

18 (A) by inserting ‘‘and the justification for 

19 such exercise of authority’’ after ‘‘authority’’; 

20 and 

21 (B) by striking ‘‘and’’ at the end; 

22 (2) in subclause (V), by striking the period at the 

23 end and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 
1777 

•HR 925 EAH 

1 ‘‘(VI) the identity of each recipi2 ent of a loan or loan guarantee de3 scribed in subclause (I); 

4 ‘‘(VII) the date and amount of 

5 each such loan or loan guarantee and 

6 the form in which each such loan or 

7 loan guarantee was provided; 

8 ‘‘(VIII) the material terms of each 

9 such loan or loan guarantee, includ10 ing— 

11 ‘‘(aa) duration; 

12 ‘‘(bb) collateral pledged and 

13 the value thereof; 

14 ‘‘(cc) all interest, fees, and 

15 other revenue or items of value to 

16 be received in exchange for such 

17 loan or loan guarantee; 

18 ‘‘(dd) any requirements im19 posed on the recipient with respect 

20 to employee compensation, dis21 tribution of dividends, or any 

22 other corporate decision in ex23 change for the assistance; and 

24 ‘‘(ee) the expected costs to the 

25 Federal Government with respect 
1778 

•HR 925 EAH 

1 to such loans or loan guaran2 tees.’’. 

3 (b) REPORTS BY THE SECRETARY OF THE TREAS4 URY.—Section 4018 of the CARES Act (Public Law 116– 

5 136) is amended by adding at the end the following: 

6 ‘‘(k) REPORTS BY THE SECRETARY.—Not later than 

7 7 days after the last day of each month, the Secretary shall 

8 submit to the Special Inspector General, the Committee on 

9 Financial Services of the House of Representatives, and the 

10 Committee on Banking, Housing, and Urban Affairs of the 

11 Senate a report that includes the information specified in 

12 subparagraphs (A) through (E) of subsection (c)(1) with re13 spect to the making, purchase, management, and sale of 

14 loans, loan guarantees, and other investments made by the 

15 Secretary under any program established by the Secretary 

16 under this Act.’’. 

17 SEC. 1002. DISCRETIONARY REPORTS TO CONGRESS. 

18 Section 4020(b) of the CARES Act (Public Law 116– 

19 136) is amended by adding at the end the following: 

20 ‘‘(3) DISCRETIONARY REPORTS TO CONGRESS.— 

21 In addition to the reports required under paragraph 

22 (2), the Oversight Commission may submit other re23 ports to Congress at such time, in such manner, and 

24 containing such information as the Oversight Com25 mission determines appropriate.’’. 
1779 

•HR 925 EAH 

1 SEC. 1003. DEFINITION OF APPROPRIATE CONGRESSIONAL 

2 COMMITTEES. 

3 (a) PANDEMIC RESPONSE ACCOUNTABILITY COM4 MITTEE.—Section 15010(a)(2) of the CARES Act (Public 

5 Law 116–136) is amended— 

6 (1) by redesignating subparagraphs (B) through 

7 (D) as subparagraphs (D) through (F), respectively; 

8 and 

9 (2) by inserting after subparagraph (A) the fol10 lowing: 

11 ‘‘(B) the Committee on Banking, Housing, 

12 and Urban Affairs of the Senate; 

13 ‘‘(C) the Committee on Financial Services 

14 of the House of Representatives;’’. 

15 (b) OVERSIGHT AND AUDIT AUTHORITY.—Section 

16 19010(a)(1) of the CARES Act (Public Law 116–136) is 

17 amended— 

18 (1) by redesignating subparagraphs (B) through 

19 (G) as subparagraphs (D) through (I), respectively; 

20 and 

21 (2) by inserting after subparagraph (A) the fol22 lowing: 

23 ‘‘(B) the Committee on Banking, Housing, 

24 and Urban Affairs of the Senate; 

25 ‘‘(C) the Committee on Financial Services 

26 of the House of Representatives;’’. 
1780 

•HR 925 EAH 

1 SEC. 1004. ADDITIONAL REPORTING ON FUNDING FOR DI2 VERSE-OWNED BUSINESSES. 

3 Section 15010(d)(2) of the CARES Act (Public Law 

4 116–136) is amended— 

5 (1) by redesignating subparagraph (C) as sub6 paragraph (D); and 

7 (2) by inserting after subparagraph (B) the fol8 lowing: 

9 ‘‘(C) The Committee shall submit to Congress, 

10 including the appropriate congressional committees, 

11 quarterly reports that include an analysis of Federal 

12 funds provided during the pandemic that have been 

13 used to support communities of color, including mi14 nority-owned businesses and minority depository in15 stitutions, broken down by race and ethnicity.’’; and 

16 SEC. 1005. REPORTING BY INSPECTORS GENERAL. 

17 (a) DEFINITION OF COVERED AGENCY.—In this sec18 tion, the term ‘‘covered agency’’ means— 

19 (1) the Department of the Treasury; 

20 (2) the Federal Deposit Insurance Corporation; 

21 (3) the Office of the Comptroller of the Currency; 

22 (4) the Board of Governors of the Federal Re23 serve System; 

24 (5) the National Credit Union Administration; 

25 (6) the Bureau of Consumer Financial Protec26 tion; 
1781 

•HR 925 EAH 

1 (7) the Department of Housing and Urban De2 velopment; 

3 (8) the Department of Agriculture, Rural Hous4 ing Service; 

5 (9) the Securities and Exchange Commission; 

6 and 

7 (10) the Federal Housing Finance Agency. 

8 (b) REPORT.—The Inspector General of each covered 

9 agency shall include in each semiannual report submitted 

10 by the Inspector General the findings of the Inspector Gen11 eral on the effectiveness of— 

12 (1) rulemaking by the covered agency related to 

13 COVID–19; and 

14 (2) supervision and oversight by the covered 

15 agency of institutions and entities that participate in 

16 COVID–19-related relief, funding, lending, or other 

17 programs of the covered agency. 

18 (c) SUBMISSION.—The Inspector General of each cov19 ered agency shall submit the information required to be in20 cluded in each semiannual report under subsection (b) to— 

21 (1) the Special Inspector General for Pandemic 

22 Recovery appointed under section 4018 of division A 

23 of the CARES Act (Public Law 116–136); 
1782 

•HR 925 EAH 

1 (2) the Pandemic Response Accountability Com2 mittee established under section 15010 of division B 

3 of the CARES Act (Public Law 116–136); and 

4 (3) the Congressional Oversight Commission es5 tablished under section 4020 of division A of the 

6 CARES Act (Public Law 116–136). 

7 DIVISION P—ACCESS ACT 

8 SEC. 101. SHORT TITLE. 

9 This Act may be cited as the ‘‘American Coronavirus/ 

10 COVID–19 Election Safety and Security Act’’ or the ‘‘AC11 CESS Act’’. 

12 SEC. 102. REQUIREMENTS FOR FEDERAL ELECTION CON13 TINGENCY PLANS IN RESPONSE TO NATURAL 

14 DISASTERS AND EMERGENCIES. 

15 (a) IN GENERAL.— 

16 (1) ESTABLISHMENT.—Not later than 90 days 

17 after the date of the enactment of this Act, each State 

18 and each jurisdiction in a State which is responsible 

19 for administering elections for Federal office shall es20 tablish and make publicly available a contingency 

21 plan to enable individuals to vote in elections for Fed22 eral office during a state of emergency, public health 

23 emergency, or national emergency which has been de24 clared for reasons including— 

25 (A) a natural disaster; or 
1783 

•HR 925 EAH 

1 (B) an infectious disease. 

2 (2) UPDATING.—Each State and jurisdiction 

3 shall update the contingency plan established under 

4 this subsection not less frequently than every 5 years. 

5 (b) REQUIREMENTS RELATING TO SAFETY.—The con6 tingency plan established under subsection (a) shall include 

7 initiatives to provide equipment and resources needed to 

8 protect the health and safety of poll workers and voters 

9 when voting in person. 

10 (c) REQUIREMENTS RELATING TO RECRUITMENT OF

11 POLL WORKERS.—The contingency plan established under 

12 subsection (a) shall include initiatives by the chief State 

13 election official and local election officials to recruit poll 

14 workers from resilient or unaffected populations, which 

15 may include— 

16 (1) employees of other State and local govern17 ment offices; and 

18 (2) in the case in which an infectious disease 

19 poses significant increased health risks to elderly in20 dividuals, students of secondary schools and institu21 tions of higher education in the State. 

22 (d) ENFORCEMENT.— 

23 (1) ATTORNEY GENERAL.—The Attorney General 

24 may bring a civil action against any State or juris25 diction in an appropriate United States District 
1784 

•HR 925 EAH 

1 Court for such declaratory and injunctive relief (in2 cluding a temporary restraining order, a permanent 

3 or temporary injunction, or other order) as may be 

4 necessary to carry out the requirements of this sec5 tion. 

6 (2) PRIVATE RIGHT OF ACTION.— 

7 (A) IN GENERAL.—In the case of a violation 

8 of this section, any person who is aggrieved by 

9 such violation may provide written notice of the 

10 violation to the chief election official of the State 

11 involved. 

12 (B) RELIEF.—If the violation is not cor13 rected within 20 days after receipt of a notice 

14 under subparagraph (A), or within 5 days after 

15 receipt of the notice if the violation occurred 

16 within 120 days before the date of an election for 

17 Federal office, the aggrieved person may, in a 

18 civil action, obtain declaratory or injunctive re19 lief with respect to the violation. 

20 (C) SPECIAL RULE.—If the violation oc21 curred within 5 days before the date of an elec22 tion for Federal office, the aggrieved person need 

23 not provide notice to the chief election official of 

24 the State involved under subparagraph (A) be-
1785 

•HR 925 EAH 

1 fore bringing a civil action under subparagraph 

2 (B). 

3 (e) DEFINITIONS.— 

4 (1) ELECTION FOR FEDERAL OFFICE.—For pur5 poses of this section, the term ‘‘election for Federal of6 fice’’ means a general, special, primary, or runoff 

7 election for the office of President or Vice President, 

8 or of Senator or Representative in, or Delegate or 

9 Resident Commissioner to, the Congress. 

10 (2) STATE.—For purposes of this section, the 

11 term ‘‘State’’ includes the District of Columbia, the 

12 Commonwealth of Puerto Rico, Guam, American 

13 Samoa, the United States Virgin Islands, and the 

14 Commonwealth of the Northern Mariana Islands. 

15 (f) EFFECTIVE DATE.—This section shall apply with 

16 respect to the regularly scheduled general election for Fed17 eral office held in November 2020 and each succeeding elec18 tion for Federal office. 

19 SEC. 103. EARLY VOTING AND VOTING BY MAIL. 

20 (a) REQUIREMENTS.—Title III of the Help America 

21 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by 

22 adding at the end the following new subtitle: 
1786 

•HR 925 EAH 

1 ‘‘Subtitle C—Other Requirements 

2 ‘‘SEC. 321. EARLY VOTING. 

3 ‘‘(a) REQUIRING ALLOWING VOTING PRIOR TO DATE

4 OF ELECTION.— 

5 ‘‘(1) IN GENERAL.—Each State shall allow indi6 viduals to vote in an election for Federal office during 

7 an early voting period which occurs prior to the date 

8 of the election, in the same manner as voting is al9 lowed on such date. 

10 ‘‘(2) LENGTH OF PERIOD.—The early voting pe11 riod required under this subsection with respect to an 

12 election shall consist of a period of consecutive days 

13 (including weekends) which begins on the 15th day 

14 before the date of the election (or, at the option of the 

15 State, on a day prior to the 15th day before the date 

16 of the election) and ends on the date of the election. 

17 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.—Each 

18 polling place which allows voting during an early voting 

19 period under subsection (a) shall— 

20 ‘‘(1) allow such voting for no less than 10 hours 

21 on each day; 

22 ‘‘(2) have uniform hours each day for which such 

23 voting occurs; and 
1787 

•HR 925 EAH 

1 ‘‘(3) allow such voting to be held for some period 

2 of time prior to 9:00 a.m (local time) and some pe3 riod of time after 5:00 p.m. (local time). 

4 ‘‘(c) LOCATION OF POLLING PLACES.— 

5 ‘‘(1) PROXIMITY TO PUBLIC TRANSPORTATION.— 

6 To the greatest extent practicable, a State shall ensure 

7 that each polling place which allows voting during an 

8 early voting period under subsection (a) is located 

9 within walking distance of a stop on a public trans10 portation route. 

11 ‘‘(2) AVAILABILITY IN RURAL AREAS.—The State 

12 shall ensure that polling places which allow voting 

13 during an early voting period under subsection (a) 

14 will be located in rural areas of the State, and shall 

15 ensure that such polling places are located in commu16 nities which will provide the greatest opportunity for 

17 residents of rural areas to vote during the early vot18 ing period. 

19 ‘‘(d) STANDARDS.— 

20 ‘‘(1) IN GENERAL.—The Commission shall issue 

21 standards for the administration of voting prior to 

22 the day scheduled for a Federal election. Such stand23 ards shall include the nondiscriminatory geographic 

24 placement of polling places at which such voting oc25 curs. 
1788 

•HR 925 EAH 

1 ‘‘(2) DEVIATION.—The standards described in 

2 paragraph (1) shall permit States, upon providing 

3 adequate public notice, to deviate from any require4 ment in the case of unforeseen circumstances such as 

5 a natural disaster, terrorist attack, or a change in 

6 voter turnout. 

7 ‘‘(e) BALLOT PROCESSING AND SCANNING REQUIRE8 MENTS.— 

9 ‘‘(1) IN GENERAL.—The State shall begin proc10 essing and scanning ballots cast during early voting 

11 for tabulation at least 14 days prior to the date of the 

12 election involved. 

13 ‘‘(2) LIMITATION.—Nothing in this subsection 

14 shall be construed to permit a State to tabulate bal15 lots in an election before the closing of the polls on 

16 the date of the election. 

17 ‘‘(f) EFFECTIVE DATE.—This section shall apply with 

18 respect to the regularly scheduled general election for Fed19 eral office held in November 2020 and each succeeding elec20 tion for Federal office. 

21 ‘‘SEC. 322. PROMOTING ABILITY OF VOTERS TO VOTE BY 

22 MAIL. 

23 ‘‘(a) UNIFORM AVAILABILITY OF ABSENTEE VOTING TO

24 ALL VOTERS.— 
1789 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—If an individual in a State 

2 is eligible to cast a vote in an election for Federal of3 fice, the State may not impose any additional condi4 tions or requirements on the eligibility of the indi5 vidual to cast the vote in such election by absentee 

6 ballot by mail. 

7 ‘‘(2) ADMINISTRATION OF VOTING BY MAIL.— 

8 ‘‘(A) PROHIBITING IDENTIFICATION RE9 QUIREMENT AS CONDITION OF OBTAINING BAL10 LOT.—A State may not require an individual to 

11 provide any form of identification as a condition 

12 of obtaining an absentee ballot, except that noth13 ing in this paragraph may be construed to pre14 vent a State from requiring a signature of the 

15 individual or similar affirmation as a condition 

16 of obtaining an absentee ballot. 

17 ‘‘(B) PROHIBITING REQUIREMENT TO PRO18 VIDE NOTARIZATION OR WITNESS SIGNATURE AS

19 CONDITION OF OBTAINING OR CASTING BAL20 LOT.—A State may not require notarization or 

21 witness signature or other formal authentication 

22 (other than voter attestation) as a condition of 

23 obtaining or casting an absentee ballot. 

24 ‘‘(C) DEADLINE FOR RETURNING BALLOT.— 

25 A State may impose a deadline for requesting 
1790 

•HR 925 EAH 

1 the absentee ballot and related voting materials 

2 from the appropriate State or local election offi3 cial and for returning the ballot to the appro4 priate State or local election official. 

5 ‘‘(3) APPLICATION FOR ALL FUTURE ELEC6 TIONS.—At the option of an individual, a State shall 

7 treat the individual’s application to vote by absentee 

8 ballot by mail in an election for Federal office as an 

9 application to vote by absentee ballot by mail in all 

10 subsequent Federal elections held in the State. 

11 ‘‘(b) DUE PROCESS REQUIREMENTS FOR STATES RE12 QUIRING SIGNATURE VERIFICATION.— 

13 ‘‘(1) REQUIREMENT.— 

14 ‘‘(A) IN GENERAL.—A State may not im15 pose a signature verification requirement as a 

16 condition of accepting and counting an absentee 

17 ballot submitted by any individual with respect 

18 to an election for Federal office unless the State 

19 meets the due process requirements described in 

20 paragraph (2). 

21 ‘‘(B) SIGNATURE VERIFICATION REQUIRE22 MENT DESCRIBED.—In this subsection, a ‘signa23 ture verification requirement’ is a requirement 

24 that an election official verify the identification 

25 of an individual by comparing the individual’s 
1791 

•HR 925 EAH 

1 signature on the absentee ballot with the individ2 ual’s signature on the official list of registered 

3 voters in the State or another official record or 

4 other document used by the State to verify the 

5 signatures of voters. 

6 ‘‘(2) DUE PROCESS REQUIREMENTS.— 

7 ‘‘(A) NOTICE AND OPPORTUNITY TO CURE

8 DISCREPANCY.—If an individual submits an ab9 sentee ballot and the appropriate State or local 

10 election official determines that a discrepancy 

11 exists between the signature on such ballot and 

12 the signature of such individual on the official 

13 list of registered voters in the State or other offi14 cial record or document used by the State to 

15 verify the signatures of voters, such election offi16 cial, prior to making a final determination as to 

17 the validity of such ballot, shall— 

18 ‘‘(i) make a good faith effort to imme19 diately notify the individual by mail, tele20 phone, and (if available) electronic mail 

21 that— 

22 ‘‘(I) a discrepancy exists between 

23 the signature on such ballot and the 

24 signature of the individual on the offi-
1792 

•HR 925 EAH 

1 cial list of registered voters in the 

2 State, and 

3 ‘‘(II) if such discrepancy is not 

4 cured prior to the expiration of the 10- 

5 day period which begins on the date 

6 the official notifies the individual of 

7 the discrepancy, such ballot will not be 

8 counted; and 

9 ‘‘(ii) cure such discrepancy and count 

10 the ballot if, prior to the expiration of the 

11 10-day period described in clause (i)(II), 

12 the individual provides the official with in13 formation to cure such discrepancy, either 

14 in person, by telephone, or by electronic 

15 methods. 

16 ‘‘(B) NOTICE AND OPPORTUNITY TO PRO17 VIDE MISSING SIGNATURE.—If an individual 

18 submits an absentee ballot without a signature, 

19 the appropriate State or local election official, 

20 prior to making a final determination as to the 

21 validity of the ballot, shall— 

22 ‘‘(i) make a good faith effort to imme23 diately notify the individual by mail, tele24 phone, and (if available) electronic mail 

25 that— 
1793 

•HR 925 EAH 

1 ‘‘(I) the ballot did not include a 

2 signature, and 

3 ‘‘(II) if the individual does not 

4 provide the missing signature prior to 

5 the expiration of the 10-day period 

6 which begins on the date the official 

7 notifies the individual that the ballot 

8 did not include a signature, such ballot 

9 will not be counted; and 

10 ‘‘(ii) count the ballot if, prior to the ex11 piration of the 10-day period described in 

12 clause (i)(II), the individual provides the 

13 official with the missing signature on a 

14 form proscribed by the State. 

15 ‘‘(C) OTHER REQUIREMENTS.—An election 

16 official may not make a determination that a 

17 discrepancy exists between the signature on an 

18 absentee ballot and the signature of the indi19 vidual who submits the ballot on the official list 

20 of registered voters in the State or other official 

21 record or other document used by the State to 

22 verify the signatures of voters unless— 

23 ‘‘(i) at least 2 election officials make 

24 the determination; and 
1794 

•HR 925 EAH 

1 ‘‘(ii) each official who makes the deter2 mination has received training in proce3 dures used to verify signatures. 

4 ‘‘(3) REPORT.— 

5 ‘‘(A) IN GENERAL.—Not later than 120 

6 days after the end of a Federal election cycle, 

7 each chief State election official shall submit to 

8 Congress a report containing the following infor9 mation for the applicable Federal election cycle 

10 in the State: 

11 ‘‘(i) The number of ballots invalidated 

12 due to a discrepancy under this subsection. 

13 ‘‘(ii) Description of attempts to contact 

14 voters to provide notice as required by this 

15 subsection. 

16 ‘‘(iii) Description of the cure process 

17 developed by such State pursuant to this 

18 subsection, including the number of ballots 

19 determined valid as a result of such process. 

20 ‘‘(B) FEDERAL ELECTION CYCLE DE21 FINED.—For purposes of this subsection, the 

22 term ‘Federal election cycle’ means the period be23 ginning on January 1 of any odd numbered year 

24 and ending on December 31 of the following 

25 year. 
1795 

•HR 925 EAH 

1 ‘‘(c) METHODS AND TIMING FOR TRANSMISSION OF

2 BALLOTS AND BALLOTING MATERIALS TO VOTERS.— 

3 ‘‘(1) METHOD FOR REQUESTING BALLOT.—In 

4 addition to such other methods as the State may es5 tablish for an individual to request an absentee ballot, 

6 the State shall permit an individual to submit a re7 quest for an absentee ballot online. The State shall be 

8 considered to meet the requirements of this paragraph 

9 if the website of the appropriate State or local election 

10 official allows an absentee ballot request application 

11 to be completed and submitted online and if the 

12 website permits the individual— 

13 ‘‘(A) to print the application so that the in14 dividual may complete the application and re15 turn it to the official; or 

16 ‘‘(B) request that a paper copy of the appli17 cation be transmitted to the individual by mail 

18 or electronic mail so that the individual may 

19 complete the application and return it to the of20 ficial. 

21 ‘‘(2) ENSURING DELIVERY PRIOR TO ELEC22 TION.—If an individual requests to vote by absentee 

23 ballot in an election for Federal office, the appro24 priate State or local election official shall ensure that 

25 the ballot and relating voting materials are received 
1796 

•HR 925 EAH 

1 by the individual prior to the date of the election so 

2 long as the individual’s request is received by the offi3 cial not later than 5 days (excluding Saturdays, Sun4 days, and legal public holidays) before the date of the 

5 election, except that nothing in this paragraph shall 

6 preclude a State or local jurisdiction from allowing 

7 for the acceptance and processing of ballot requests 

8 submitted or received after such required period. 

9 ‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DISABIL10 ITIES.—The State shall ensure that all absentee ballots and 

11 related voting materials in elections for Federal office are 

12 accessible to individuals with disabilities in a manner that 

13 provides the same opportunity for access and participation 

14 (including with privacy and independence) as for other vot15 ers. 

16 ‘‘(e) UNIFORM DEADLINE FOR ACCEPTANCE OF

17 MAILED BALLOTS.— 

18 ‘‘(1) IN GENERAL.—A State may not refuse to 

19 accept or process a ballot submitted by an individual 

20 by mail with respect to an election for Federal office 

21 in the State on the grounds that the individual did 

22 not meet a deadline for returning the ballot to the ap23 propriate State or local election official if— 

24 ‘‘(A) the ballot is postmarked, signed, or 

25 otherwise indicated by the United States Postal 
1797 

•HR 925 EAH 

1 Service to have been mailed on or before the date 

2 of the election; and 

3 ‘‘(B) the ballot is received by the appro4 priate election official prior to the expiration of 

5 the 10-day period which begins on the date of the 

6 election. 

7 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

8 subsection shall be construed to prohibit a State from 

9 having a law that allows for counting of ballots in an 

10 election for Federal office that are received through 

11 the mail after the date that is 10 days after the date 

12 of the election. 

13 ‘‘(f) ALTERNATIVE METHODS OF RETURNING BAL14 LOTS.— 

15 ‘‘(1) IN GENERAL.—In addition to permitting an 

16 individual to whom a ballot in an election was pro17 vided under this section to return the ballot to an 

18 election official by mail, the State shall permit the in19 dividual to cast the ballot by delivering the ballot at 

20 such times and to such locations as the State may es21 tablish, including— 

22 ‘‘(A) permitting the individual to deliver 

23 the ballot to a polling place on any date on 

24 which voting in the election is held at the polling 

25 place; and 
1798 

•HR 925 EAH 

1 ‘‘(B) permitting the individual to deliver 

2 the ballot to a designated ballot drop-off location. 

3 ‘‘(2) PERMITTING VOTERS TO DESIGNATE OTHER

4 PERSON TO RETURN BALLOT.—The State— 

5 ‘‘(A) shall permit a voter to designate any 

6 person to return a voted and sealed absentee bal7 lot to the post office, a ballot drop-off location, 

8 tribally designated building, or election office so 

9 long as the person designated to return the ballot 

10 does not receive any form of compensation based 

11 on the number of ballots that the person has re12 turned and no individual, group, or organiza13 tion provides compensation on this basis; and 

14 ‘‘(B) may not put any limit on how many 

15 voted and sealed absentee ballots any designated 

16 person can return to the post office, a ballot drop 

17 off location, tribally designated building, or elec18 tion office. 

19 ‘‘(g) BALLOT PROCESSING AND SCANNING REQUIRE20 MENTS.— 

21 ‘‘(1) IN GENERAL.—The State shall begin proc22 essing and scanning ballots cast by mail for tabula23 tion at least 14 days prior to the date of the election 

24 involved. 
1799 

•HR 925 EAH 

1 ‘‘(2) LIMITATION.—Nothing in this subsection 

2 shall be construed to permit a State to tabulate bal3 lots in an election before the closing of the polls on 

4 the date of the election. 

5 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to affect the authority of States to 

7 conduct elections for Federal office through the use of polling 

8 places at which individuals cast ballots. 

9 ‘‘(i) NO EFFECT ON BALLOTS SUBMITTED BY ABSENT

10 MILITARY AND OVERSEAS VOTERS.—Nothing in this sec11 tion may be construed to affect the treatment of any ballot 

12 submitted by an individual who is entitled to vote by absen13 tee ballot under the Uniformed and Overseas Citizens Ab14 sentee Voting Act (52 U.S.C. 20301 et seq.). 

15 ‘‘(j) EFFECTIVE DATE.—This section shall apply with 

16 respect to the regularly scheduled general election for Fed17 eral office held in November 2020 and each succeeding elec18 tion for Federal office. 

19 ‘‘SEC. 323. ABSENTEE BALLOT TRACKING PROGRAM. 

20 ‘‘(a) REQUIREMENT.—Each State shall carry out a 

21 program to track and confirm the receipt of absentee ballots 

22 in an election for Federal office under which the State or 

23 local election official responsible for the receipt of voted ab24 sentee ballots in the election carries out procedures to track 

25 and confirm the receipt of such ballots, and makes informa-
1800 

•HR 925 EAH 

1 tion on the receipt of such ballots available to the individual 

2 who cast the ballot, by means of online access using the 

3 Internet site of the official’s office. 

4 ‘‘(b) INFORMATION ON WHETHER VOTE WAS COUNT5 ED.—The information referred to under subsection (a) with 

6 respect to the receipt of an absentee ballot shall include in7 formation regarding whether the vote cast on the ballot was 

8 counted, and, in the case of a vote which was not counted, 

9 the reasons therefor. 

10 ‘‘(c) USE OF TOLL-FREE TELEPHONE NUMBER BY OF11 FICIALS WITHOUT INTERNET SITE.—A program established 

12 by a State or local election official whose office does not 

13 have an Internet site may meet the requirements of sub14 section (a) if the official has established a toll-free telephone 

15 number that may be used by an individual who cast an 

16 absentee ballot to obtain the information on the receipt of 

17 the voted absentee ballot as provided under such subsection. 

18 ‘‘(d) EFFECTIVE DATE.—This section shall begin to 

19 apply on that date that is 90 days after the date of the 

20 enactment of this section. 

21 ‘‘SEC. 324. RULES FOR COUNTING PROVISIONAL BALLOTS. 

22 ‘‘(a) STATEWIDE COUNTING OF PROVISIONAL BAL23 LOTS.— 

24 ‘‘(1) IN GENERAL.—For purposes of section 

25 302(a)(4), notwithstanding the precinct or polling 
1801 

•HR 925 EAH 

1 place at which a provisional ballot is cast within the 

2 State, the appropriate election official shall count 

3 each vote on such ballot for each election in which the 

4 individual who cast such ballot is eligible to vote. 

5 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

6 apply with respect to the regularly scheduled general 

7 election for Federal office held in November 2020 and 

8 each succeeding election for Federal office. 

9 ‘‘(b) UNIFORM AND NONDISCRIMINATORY STAND10 ARDS.— 

11 ‘‘(1) IN GENERAL.—Consistent with the require12 ments of section 302, each State shall establish uni13 form and nondiscriminatory standards for the 

14 issuance, handling, and counting of provisional bal15 lots. 

16 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

17 apply with respect to the regularly scheduled general 

18 election for Federal office held in November 2020 and 

19 each succeeding election for Federal office. 

20 ‘‘SEC. 325. COVERAGE OF COMMONWEALTH OF NORTHERN 

21 MARIANA ISLANDS. 

22 ‘‘In this subtitle, the term ‘State’ includes the Com23 monwealth of the Northern Mariana Islands. 
1802 

•HR 925 EAH 

1 ‘‘SEC. 326. MINIMUM REQUIREMENTS FOR EXPANDING ABIL2 ITY OF INDIVIDUALS TO VOTE. 

3 ‘‘The requirements of this subtitle are minimum re4 quirements, and nothing in this subtitle may be construed 

5 to prevent a State from establishing standards which pro6 mote the ability of individuals to vote in elections for Fed7 eral office, so long as such standards are not inconsistent 

8 with the requirements of this subtitle or other Federal 

9 laws.’’. 

10 (b) CONFORMING AMENDMENT RELATING TO

11 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION ASSIST12 ANCE COMMISSION.—Section 311(b) of such Act (52 U.S.C. 

13 21101(b)) is amended— 

14 (1) by striking ‘‘and’’ at the end of paragraph 

15 (2); 

16 (2) by striking the period at the end of para17 graph (3) and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following new para19 graph: 

20 ‘‘(4) in the case of the recommendations with re21 spect to subtitle C, June 30, 2020.’’. 

22 (c) ENFORCEMENT.— 

23 (1) COVERAGE UNDER EXISTING ENFORCEMENT

24 PROVISIONS.—Section 401 of such Act (52 U.S.C. 

25 21111) is amended by striking ‘‘and 303’’ and insert26 ing ‘‘303, and subtitle C of title III’’. 
1803 

•HR 925 EAH 

1 (2) AVAILABILITY OF PRIVATE RIGHT OF AC2 TION.—Title IV of such (52 U.S.C. 21111 et seq.) is 

3 amended by adding at the end the following new sec4 tion: 

5 ‘‘SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF 

6 CERTAIN REQUIREMENTS. 

7 ‘‘(a) IN GENERAL.—In the case of a violation of sub8 title C of title III, section 402 shall not apply and any 

9 person who is aggrieved by such violation may provide 

10 written notice of the violation to the chief election official 

11 of the State involved. 

12 ‘‘(b) RELIEF.—If the violation is not corrected within 

13 20 days after receipt of a notice under subsection (a), or 

14 within 5 days after receipt of the notice if the violation oc15 curred within 120 days before the date of an election for 

16 Federal office, the aggrieved person may, in a civil action, 

17 obtain declaratory or injunctive relief with respect to the 

18 violation. 

19 ‘‘(c) SPECIAL RULE.—If the violation occurred within 

20 5 days before the date of an election for Federal office, the 

21 aggrieved person need not provide notice to the chief election 

22 official of the State involved under subsection (a) before 

23 bringing a civil action under subsection (b).’’. 

24 (d) CLERICAL AMENDMENT.—The table of contents of 

25 such Act is amended— 
1804 

•HR 925 EAH 

1 (1) by adding at the end of the items relating to 

2 title III the following: 

‘‘Subtitle C—Other Requirements 

‘‘Sec. 321. Early voting. 

‘‘Sec. 322. Promoting ability of voters to vote by mail. 

‘‘Sec. 323. Absentee ballot tracking program. 

‘‘Sec. 324. Rules for counting provisional ballots. 

‘‘Sec. 325. Coverage of Commonwealth of Northern Mariana Islands. 

‘‘Sec. 326. Minimum requirements for expanding ability of individuals to vote.’’; 

and 

3 (2) by adding at the end of the items relating to 

4 title IV the following new item: 

‘‘Sec. 403. Private right of action for violations of certain requirements.’’. 

5 SEC. 104. PERMITTING USE OF SWORN WRITTEN STATE6 MENT TO MEET IDENTIFICATION REQUIRE7 MENTS FOR VOTING. 

8 (a) PERMITTING USE OF STATEMENT.—Subtitle C of 

9 title III of the Help America Vote Act of 2002, as added 

10 by section 160003(a), is amended— 

11 (1) by redesignating sections 325 and 326 as sec12 tions 326 and 327; and 

13 (2) by inserting after section 324 the following 

14 new section: 

15 ‘‘SEC. 325. PERMITTING USE OF SWORN WRITTEN STATE16 MENT TO MEET IDENTIFICATION REQUIRE17 MENTS. 

18 ‘‘(a) USE OF STATEMENT.— 

19 ‘‘(1) IN GENERAL.—Except as provided in sub20 section (c), if a State has in effect a requirement that 
1805 

•HR 925 EAH 

1 an individual present identification as a condition of 

2 casting a ballot in an election for Federal office, the 

3 State shall permit the individual to meet the require4 ment— 

5 ‘‘(A) in the case of an individual who de6 sires to vote in person, by presenting the appro7 priate State or local election official with a 

8 sworn written statement, signed by the indi9 vidual under penalty of perjury, attesting to the 

10 individual’s identity and attesting that the indi11 vidual is eligible to vote in the election; or 

12 ‘‘(B) in the case of an individual who de13 sires to vote by mail, by submitting with the bal14 lot the statement described in subparagraph (A). 

15 ‘‘(2) DEVELOPMENT OF PRE-PRINTED VERSION

16 OF STATEMENT BY COMMISSION.—The Commission 

17 shall develop a pre-printed version of the statement 

18 described in paragraph (1)(A) which includes a blank 

19 space for an individual to provide a name and signa20 ture for use by election officials in States which are 

21 subject to paragraph (1). 

22 ‘‘(3) PROVIDING PRE-PRINTED COPY OF STATE23 MENT.—A State which is subject to paragraph (1) 

24 shall— 
1806 

•HR 925 EAH 

1 ‘‘(A) make copies of the pre-printed version 

2 of the statement described in paragraph (1)(A) 

3 which is prepared by the Commission available 

4 at polling places for election officials to dis5 tribute to individuals who desire to vote in per6 son; and 

7 ‘‘(B) include a copy of such pre-printed 

8 version of the statement with each blank absentee 

9 or other ballot transmitted to an individual who 

10 desires to vote by mail. 

11 ‘‘(b) REQUIRING USE OF BALLOT IN SAME MANNER

12 AS INDIVIDUALS PRESENTING IDENTIFICATION.—An indi13 vidual who presents or submits a sworn written statement 

14 in accordance with subsection (a)(1) shall be permitted to 

15 cast a ballot in the election in the same manner as an indi16 vidual who presents identification. 

17 ‘‘(c) EXCEPTION FOR FIRST-TIME VOTERS REG18 ISTERING BY MAIL.—Subsections (a) and (b) do not apply 

19 with respect to any individual described in paragraph (1) 

20 of section 303(b) who is required to meet the requirements 

21 of paragraph (2) of such section.’’. 

22 (b) REQUIRING STATES TO INCLUDE INFORMATION ON

23 USE OF SWORN WRITTEN STATEMENT IN VOTING INFORMA24 TION MATERIAL POSTED AT POLLING PLACES.—Section 
1807 

•HR 925 EAH 

1 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), is amend2 ed— 

3 (1) by striking ‘‘and’’ at the end of subpara4 graph (E); 

5 (2) by striking the period at the end of subpara6 graph (F) and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new sub8 paragraph: 

9 ‘‘(G) in the case of a State that has in effect 

10 a requirement that an individual present identi11 fication as a condition of casting a ballot in an 

12 election for Federal office, information on how 

13 an individual may meet such requirement by 

14 presenting a sworn written statement in accord15 ance with section 303A.’’. 

16 (c) CLERICAL AMENDMENT.—The table of contents of 

17 such Act, as amended by section 160003, is amended— 

18 (1) by redesignating the items relating to sec19 tions 325 and 326 as relating to sections 326 and 

20 327; and 

21 (2) by inserting after the item relating to section 

22 324 the following new item: 

‘‘Sec. 325. Permitting use of sworn written statement to meet identification requirements.’’. 
1808 

•HR 925 EAH 

1 (d) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply with respect to elections occurring on 

3 or after the date of the enactment of this Act. 

4 SEC. 105. VOTING MATERIALS POSTAGE. 

5 (a) PREPAYMENT OF POSTAGE ON RETURN ENVE6 LOPES.— 

7 (1) IN GENERAL.—Subtitle C of title III of the 

8 Help America Vote Act of 2002, as added by section 

9 160003(a) and as amended by section 160004(a), is 

10 further amended— 

11 (A) by redesignating sections 326 and 327 

12 as sections 327 and 328; and 

13 (B) by inserting after section 325 the fol14 lowing new section: 

15 ‘‘SEC. 326. PREPAYMENT OF POSTAGE ON RETURN ENVE16 LOPES FOR VOTING MATERIALS. 

17 ‘‘(a) PROVISION OF RETURN ENVELOPES.—The appro18 priate State or local election official shall provide a self19 sealing return envelope with— 

20 ‘‘(1) any voter registration application form 

21 transmitted to a registrant by mail; 

22 ‘‘(2) any application for an absentee ballot 

23 transmitted to an applicant by mail; and 

24 ‘‘(3) any blank absentee ballot transmitted to a 

25 voter by mail. 
1809 

•HR 925 EAH 

1 ‘‘(b) PREPAYMENT OF POSTAGE.—Consistent with reg2 ulations of the United States Postal Service, the State or 

3 the unit of local government responsible for the administra4 tion of the election involved shall prepay the postage on any 

5 envelope provided under subsection (a). 

6 ‘‘(c) NO EFFECT ON BALLOTS OR BALLOTING MATE7 RIALS TRANSMITTED TO ABSENT MILITARY AND OVERSEAS

8 VOTERS.—Nothing in this section may be construed to af9 fect the treatment of any ballot or balloting materials trans10 mitted to an individual who is entitled to vote by absentee 

11 ballot under the Uniformed and Overseas Citizens Absentee 

12 Voting Act (52 U.S.C. 20301 et seq.). 

13 ‘‘(d) EFFECTIVE DATE.—This section shall take effect 

14 on the date that is 90 days after the date of the enactment 

15 of this section, except that— 

16 ‘‘(1) State and local jurisdictions shall make ar17 rangements with the United States Postal Service to 

18 pay for all postage costs that such jurisdictions would 

19 be required to pay under this section if this section 

20 took effect on the date of enactment; and 

21 ‘‘(2) States shall take all reasonable efforts to 

22 provide self-sealing return envelopes as provided in 

23 this section.’’. 
1810 

•HR 925 EAH 

1 (2) CLERICAL AMENDMENT.—The table of con2 tents of such Act, as amended by section 160004(c), 

3 is amended— 

4 (A) by redesignating the items relating to 

5 sections 326 and 327 as relating to sections 327 

6 and 328; and 

7 (B) by inserting after the item relating to 

8 section 325 the following new item: 

‘‘Sec. 326. Prepayment of postage on return envelopes for voting materials’’. 

9 (b) ROLE OF UNITED STATES POSTAL SERVICE.— 

10 (1) IN GENERAL.—Chapter 34 of title 39, United 

11 States Code, is amended by adding after section 3406 

12 the following: 

13 ‘‘§ 3407. Voting materials 

14 ‘‘(a) Any voter registration application, absentee ballot 

15 application, or absentee ballot with respect to any election 

16 for Federal office shall be carried expeditiously, with post17 age on the return envelope prepaid by the State or unit 

18 of local government responsible for the administration of 

19 the election. 

20 ‘‘(b) As used in this section— 

21 ‘‘(1) the term ‘absentee ballot’ means any ballot 

22 transmitted by a voter by mail in an election for Fed23 eral office, but does not include any ballot covered by 

24 section 3406; and 
1811 

•HR 925 EAH 

1 ‘‘(2) the term ‘election for Federal office’ means 

2 a general, special, primary, or runoff election for the 

3 office of President or Vice President, or of Senator or 

4 Representative in, or Delegate or Resident Commis5 sioner to, the Congress. 

6 ‘‘(c) Nothing in this section may be construed to affect 

7 the treatment of any ballot or balloting materials trans8 mitted to an individual who is entitled to vote by absentee 

9 ballot under the Uniformed and Overseas Citizens Absentee 

10 Voting Act (52 U.S.C. 20301 et seq.).’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions for chapter 34 of such title is amended by in13 serting after the item relating to section 3406 the fol14 lowing: 

‘‘3407. Voting materials.’’. 

15 SEC. 106. REQUIRING TRANSMISSION OF BLANK ABSENTEE 

16 BALLOTS UNDER UOCAVA TO CERTAIN VOT17 ERS. 

18 (a) IN GENERAL.—The Uniformed and Overseas Citi19 zens Absentee Voting Act (52 U.S.C. 20301 et seq.) is 

20 amended by inserting after section 103B the following new 

21 section: 

22 ‘‘SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS 

23 TO CERTAIN OTHER VOTERS. 

24 ‘‘(a) IN GENERAL.— 
1812 

•HR 925 EAH 

1 ‘‘(1) STATE RESPONSIBILITIES.—Subject to the 

2 provisions of this section, each State shall transmit 

3 blank absentee ballots electronically to qualified indi4 viduals who request such ballots in the same manner 

5 and under the same terms and conditions under 

6 which the State transmits such ballots electronically 

7 to absent uniformed services voters and overseas voters 

8 under the provisions of section 102(f), except that no 

9 such marked ballots shall be returned electronically. 

10 ‘‘(2) REQUIREMENTS.—Any blank absentee ballot 

11 transmitted to a qualified individual under this sec12 tion— 

13 ‘‘(A) must comply with the language re14 quirements under section 203 of the Voting 

15 Rights Act of 1965 (52 U.S.C. 10503); and 

16 ‘‘(B) must comply with the disability re17 quirements under section 508 of the Rehabilita18 tion Act of 1973 (29 U.S.C. 794d). 

19 ‘‘(3) AFFIRMATION.—The State may not trans20 mit a ballot to a qualified individual under this sec21 tion unless the individual provides the State with a 

22 signed affirmation in electronic form that— 

23 ‘‘(A) the individual is a qualified indi24 vidual (as defined in subsection (b)); 
1813 

•HR 925 EAH 

1 ‘‘(B) the individual has not and will not 

2 cast another ballot with respect to the election; 

3 and 

4 ‘‘(C) acknowledges that a material 

5 misstatement of fact in completing the ballot 

6 may constitute grounds for conviction of perjury. 

7 ‘‘(4) CLARIFICATION REGARDING FREE POST8 AGE.—An absentee ballot obtained by a qualified in9 dividual under this section shall be considered bal10 loting materials as defined in section 107 for pur11 poses of section 3406 of title 39, United States Code. 

12 ‘‘(5) PROHIBITING REFUSAL TO ACCEPT BALLOT

13 FOR FAILURE TO MEET CERTAIN REQUIREMENTS.—A 

14 State shall not refuse to accept and process any other15 wise valid blank absentee ballot which was trans16 mitted to a qualified individual under this section 

17 and used by the individual to vote in the election sole18 ly on the basis of the following: 

19 ‘‘(A) Notarization or witness signature re20 quirements. 

21 ‘‘(B) Restrictions on paper type, including 

22 weight and size. 

23 ‘‘(C) Restrictions on envelope type, includ24 ing weight and size. 

25 ‘‘(b) QUALIFIED INDIVIDUAL.— 
1814 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—In this section, except as 

2 provided in paragraph (2), the term ‘qualified indi3 vidual’ means any individual who is otherwise quali4 fied to vote in an election for Federal office and who 

5 meets any of the following requirements: 

6 ‘‘(A) The individual— 

7 ‘‘(i) has previously requested an absen8 tee ballot from the State or jurisdiction in 

9 which such individual is registered to vote; 

10 and 

11 ‘‘(ii) has not received such absentee 

12 ballot at least 2 days before the date of the 

13 election. 

14 ‘‘(B) The individual— 

15 ‘‘(i) resides in an area of a State with 

16 respect to which an emergency or public 

17 health emergency has been declared by the 

18 chief executive of the State or of the area in19 volved within 5 days of the date of the elec20 tion under the laws of the State due to rea21 sons including a natural disaster, including 

22 severe weather, or an infectious disease; and 

23 ‘‘(ii) has not previously requested an 

24 absentee ballot. 
1815 

•HR 925 EAH 

1 ‘‘(C) The individual expects to be absent 

2 from such individual’s jurisdiction on the date of 

3 the election due to professional or volunteer serv4 ice in response to a natural disaster or emer5 gency as described in subparagraph (B). 

6 ‘‘(D) The individual is hospitalized or ex7 pects to be hospitalized on the date of the elec8 tion. 

9 ‘‘(E) The individual is an individual with 

10 a disability (as defined in section 3 of the Amer11 icans with Disabilities Act of 1990 (42 U.S.C. 

12 12102)) and resides in a State which does not 

13 offer voters the ability to use secure and acces14 sible remote ballot marking. For purposes of this 

15 subparagraph, a State shall permit an indi16 vidual to self-certify that the individual is an in17 dividual with a disability. 

18 ‘‘(2) EXCLUSION OF ABSENT UNIFORMED SERV19 ICES AND OVERSEAS VOTERS.—The term ‘qualified 

20 individual’ shall not include an absent uniformed 

21 services voter or an overseas voter. 

22 ‘‘(c) STATE.—For purposes of this section, the term 

23 ‘State’ includes the District of Columbia, the Common24 wealth of Puerto Rico, Guam, American Samoa, the United 
1816 

•HR 925 EAH 

1 States Virgin Islands, and the Commonwealth of the North2 ern Mariana Islands. 

3 ‘‘(d) EFFECTIVE DATE.—This section shall apply with 

4 respect to the regularly scheduled general election for Fed5 eral office held in November 2020 and each succeeding elec6 tion for Federal office.’’. 

7 (b) CONFORMING AMENDMENT.—Section 102(a) of 

8 such Act (52 U.S.C. 20302(a)) is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (10); 

11 (2) by striking the period at the end of para12 graph (11) and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new para14 graph: 

15 ‘‘(12) meet the requirements of section 103C with 

16 respect to the provision of blank absentee ballots for 

17 the use of qualified individuals described in such sec18 tion.’’. 

19 (c) CLERICAL AMENDMENTS.—The table of contents of 

20 such Act is amended by inserting the following after section 

21 103: 

‘‘Sec. 103A. Procedures for collection and delivery of marked absentee ballots of 

absent overseas uniformed services voters. 

‘‘Sec. 103B. Federal voting assistance program improvements. 

‘‘Sec. 103C. Transmission of blank absentee ballots to certain other voters.’’. 
1817 

•HR 925 EAH 

1 SEC. 107. VOTER REGISTRATION. 

2 (a) REQUIRING AVAILABILITY OF INTERNET FOR

3 VOTER REGISTRATION.— 

4 (1) REQUIRING AVAILABILITY OF INTERNET FOR

5 REGISTRATION.—The National Voter Registration Act 

6 of 1993 (52 U.S.C. 20501 et seq.) is amended by in7 serting after section 6 the following new section: 

8 ‘‘SEC. 6A. INTERNET REGISTRATION. 

9 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR ON10 LINE REGISTRATION.— 

11 ‘‘(1) AVAILABILITY OF ONLINE REGISTRATION

12 AND CORRECTION OF EXISTING REGISTRATION INFOR13 MATION.—Each State, acting through the chief State 

14 election official, shall ensure that the following serv15 ices are available to the public at any time on the of16 ficial public websites of the appropriate State and 

17 local election officials in the State, in the same man18 ner and subject to the same terms and conditions as 

19 the services provided by voter registration agencies 

20 under section 7(a): 

21 ‘‘(A) Online application for voter registra22 tion. 

23 ‘‘(B) Online assistance to applicants in ap24 plying to register to vote. 

25 ‘‘(C) Online completion and submission by 

26 applicants of the mail voter registration applica-
1818 

•HR 925 EAH 

1 tion form prescribed by the Election Assistance 

2 Commission pursuant to section 9(a)(2), includ3 ing assistance with providing a signature as re4 quired under subsection (c). 

5 ‘‘(D) Online receipt of completed voter reg6 istration applications. 

7 ‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.—A 

8 State shall accept an online voter registration application 

9 provided by an individual under this section, and ensure 

10 that the individual is registered to vote in the State, if— 

11 ‘‘(1) the individual meets the same voter reg12 istration requirements applicable to individuals who 

13 register to vote by mail in accordance with section 

14 6(a)(1) using the mail voter registration application 

15 form prescribed by the Election Assistance Commis16 sion pursuant to section 9(a)(2); and 

17 ‘‘(2) the individual meets the requirements of 

18 subsection (c) to provide a signature in electronic 

19 form (but only in the case of applications submitted 

20 during or after the second year in which this section 

21 is in effect in the State). 

22 ‘‘(c) SIGNATURE REQUIREMENTS.— 

23 ‘‘(1) IN GENERAL.—For purposes of this section, 

24 an individual meets the requirements of this sub25 section as follows: 
1819 

•HR 925 EAH 

1 ‘‘(A) In the case of an individual who has 

2 a signature on file with a State agency, includ3 ing the State motor vehicle authority, that is re4 quired to provide voter registration services 

5 under this Act or any other law, the individual 

6 consents to the transfer of that electronic signa7 ture. 

8 ‘‘(B) If subparagraph (A) does not apply, 

9 the individual submits with the application an 

10 electronic copy of the individual’s handwritten 

11 signature through electronic means. 

12 ‘‘(C) If subparagraph (A) and subpara13 graph (B) do not apply, the individual executes 

14 a computerized mark in the signature field on 

15 an online voter registration application, in ac16 cordance with reasonable security measures es17 tablished by the State, but only if the State ac18 cepts such mark from the individual. 

19 ‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO

20 MEET REQUIREMENT.—If an individual is unable to 

21 meet the requirements of paragraph (1), the State 

22 shall— 

23 ‘‘(A) permit the individual to complete all 

24 other elements of the online voter registration ap25 plication; 
1820 

•HR 925 EAH 

1 ‘‘(B) permit the individual to provide a sig2 nature at the time the individual requests a bal3 lot in an election (whether the individual re4 quests the ballot at a polling place or requests the 

5 ballot by mail); and 

6 ‘‘(C) if the individual carries out the steps 

7 described in subparagraph (A) and subpara8 graph (B), ensure that the individual is reg9 istered to vote in the State. 

10 ‘‘(3) NOTICE.—The State shall ensure that indi11 viduals applying to register to vote online are notified 

12 of the requirements of paragraph (1) and of the treat13 ment of individuals unable to meet such requirements, 

14 as described in paragraph (2). 

15 ‘‘(d) CONFIRMATION AND DISPOSITION.— 

16 ‘‘(1) CONFIRMATION OF RECEIPT.—Upon the on17 line submission of a completed voter registration ap18 plication by an individual under this section, the ap19 propriate State or local election official shall send the 

20 individual a notice confirming the State’s receipt of 

21 the application and providing instructions on how 

22 the individual may check the status of the applica23 tion. 

24 ‘‘(2) NOTICE OF DISPOSITION.—Not later than 7 

25 days after the appropriate State or local election offi-
1821 

•HR 925 EAH 

1 cial has approved or rejected an application sub2 mitted by an individual under this section, the offi3 cial shall send the individual a notice of the disposi4 tion of the application. 

5 ‘‘(3) METHOD OF NOTIFICATION.—The appro6 priate State or local election official shall send the no7 tices required under this subsection by regular mail 

8 and— 

9 ‘‘(A) in the case of an individual who has 

10 provided the official with an electronic mail ad11 dress, by electronic mail; and 

12 ‘‘(B) at the option of an individual, by text 

13 message. 

14 ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN MAN15 NER.—The services made available under subsection (a) 

16 shall be provided in a manner that ensures that, consistent 

17 with section 7(a)(5)— 

18 ‘‘(1) the online application does not seek to influ19 ence an applicant’s political preference or party reg20 istration; and 

21 ‘‘(2) there is no display on the website promoting 

22 any political preference or party allegiance, except 

23 that nothing in this paragraph may be construed to 

24 prohibit an applicant from registering to vote as a 

25 member of a political party. 
1822 

•HR 925 EAH 

1 ‘‘(f) PROTECTION OF SECURITY OF INFORMATION.—In 

2 meeting the requirements of this section, the State shall es3 tablish appropriate technological security measures to pre4 vent to the greatest extent practicable any unauthorized ac5 cess to information provided by individuals using the serv6 ices made available under subsection (a). 

7 ‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall en8 sure that the services made available under this section are 

9 made available to individuals with disabilities to the same 

10 extent as services are made available to all other individ11 uals. 

12 ‘‘(h) USE OF ADDITIONAL TELEPHONE-BASED SYS13 TEM.—A State shall make the services made available on14 line under subsection (a) available through the use of an 

15 automated telephone-based system, subject to the same terms 

16 and conditions applicable under this section to the services 

17 made available online, in addition to making the services 

18 available online in accordance with the requirements of this 

19 section. 

20 ‘‘(i) NONDISCRIMINATION AMONG REGISTERED VOT21 ERS USING MAIL AND ONLINE REGISTRATION.—In car22 rying out this Act, the Help America Vote Act of 2002, or 

23 any other Federal, State, or local law governing the treat24 ment of registered voters in the State or the administration 

25 of elections for public office in the State, a State shall treat 
1823 

•HR 925 EAH 

1 a registered voter who registered to vote online in accord2 ance with this section in the same manner as the State 

3 treats a registered voter who registered to vote by mail.’’. 

4 (2) SPECIAL REQUIREMENTS FOR INDIVIDUALS

5 USING ONLINE REGISTRATION.— 

6 (A) TREATMENT AS INDIVIDUALS REG7 ISTERING TO VOTE BY MAIL FOR PURPOSES OF

8 FIRST-TIME VOTER IDENTIFICATION REQUIRE9 MENTS.—Section 303(b)(1)(A) of the Help Amer10 ica Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) 

11 is amended by striking ‘‘by mail’’ and inserting 

12 ‘‘by mail or online under section 6A of the Na13 tional Voter Registration Act of 1993’’. 

14 (B) REQUIRING SIGNATURE FOR FIRST-TIME

15 VOTERS IN JURISDICTION.—Section 303(b) of 

16 such Act (52 U.S.C. 21083(b)) is amended— 

17 (i) by redesignating paragraph (5) as 

18 paragraph (6); and 

19 (ii) by inserting after paragraph (4) 

20 the following new paragraph: 

21 ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST22 TIME VOTERS USING ONLINE REGISTRATION.— 

23 ‘‘(A) IN GENERAL.—A State shall, in a uni24 form and nondiscriminatory manner, require an 
1824 

•HR 925 EAH 

1 individual to meet the requirements of subpara2 graph (B) if— 

3 ‘‘(i) the individual registered to vote in 

4 the State online under section 6A of the Na5 tional Voter Registration Act of 1993; and 

6 ‘‘(ii) the individual has not previously 

7 voted in an election for Federal office in the 

8 State. 

9 ‘‘(B) REQUIREMENTS.—An individual 

10 meets the requirements of this subparagraph if— 

11 ‘‘(i) in the case of an individual who 

12 votes in person, the individual provides the 

13 appropriate State or local election official 

14 with a handwritten signature; or 

15 ‘‘(ii) in the case of an individual who 

16 votes by mail, the individual submits with 

17 the ballot a handwritten signature. 

18 ‘‘(C) INAPPLICABILITY.—Subparagraph (A) 

19 does not apply in the case of an individual who 

20 is— 

21 ‘‘(i) entitled to vote by absentee ballot 

22 under the Uniformed and Overseas Citizens 

23 Absentee Voting Act (52 U.S.C. 20302 et 

24 seq.); 
1825 

•HR 925 EAH 

1 ‘‘(ii) provided the right to vote other2 wise than in person under section 

3 3(b)(2)(B)(ii) of the Voting Accessibility for 

4 the Elderly and Handicapped Act (52 

5 U.S.C. 20102(b)(2)(B)(ii)); or 

6 ‘‘(iii) entitled to vote otherwise than in 

7 person under any other Federal law.’’. 

8 (C) CONFORMING AMENDMENT RELATING TO

9 EFFECTIVE DATE.—Section 303(d)(2)(A) of such 

10 Act (52 U.S.C. 21083(d)(2)(A)) is amended by 

11 striking ‘‘Each State’’ and inserting ‘‘Except as 

12 provided in subsection (b)(5), each State’’. 

13 (3) CONFORMING AMENDMENTS.— 

14 (A) TIMING OF REGISTRATION.—Section 

15 8(a)(1) of the National Voter Registration Act of 

16 1993 (52 U.S.C. 20507(a)(1)) is amended— 

17 (i) by striking ‘‘and’’ at the end of sub18 paragraph (C); 

19 (ii) by redesignating subparagraph (D) 

20 as subparagraph (E); and 

21 (iii) by inserting after subparagraph 

22 (C) the following new subparagraph: 

23 ‘‘(D) in the case of online registration 

24 through the official public website of an election 

25 official under section 6A, if the valid voter reg-
1826 

•HR 925 EAH 

1 istration application is submitted online not 

2 later than the lesser of 28 days, or the period 

3 provided by State law, before the date of the elec4 tion (as determined by treating the date on 

5 which the application is sent electronically as the 

6 date on which it is submitted); and’’. 

7 (B) INFORMING APPLICANTS OF ELIGIBILITY

8 REQUIREMENTS AND PENALTIES.—Section 

9 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is 

10 amended by striking ‘‘and 7’’ and inserting ‘‘6A, 

11 and 7’’. 

12 (4) EFFECTIVE DATE.—The amendments made 

13 by this subsection shall take effect on the date that is 

14 90 days after the date of the enactment of this sub15 section. 

16 (b) USE OF INTERNET TO UPDATE REGISTRATION IN17 FORMATION.— 

18 (1) UPDATES TO INFORMATION CONTAINED ON

19 COMPUTERIZED STATEWIDE VOTER REGISTRATION

20 LIST.— 

21 (A) IN GENERAL.—Section 303(a) of the 

22 Help America Vote Act of 2002 (52 U.S.C. 

23 21083(a)) is amended by adding at the end the 

24 following new paragraph: 
1827 

•HR 925 EAH 

1 ‘‘(6) USE OF INTERNET BY REGISTERED VOTERS

2 TO UPDATE INFORMATION.— 

3 ‘‘(A) IN GENERAL.—The appropriate State 

4 or local election official shall ensure that any 

5 registered voter on the computerized list may at 

6 any time update the voter’s registration informa7 tion, including the voter’s address and electronic 

8 mail address, online through the official public 

9 website of the election official responsible for the 

10 maintenance of the list, so long as the voter at11 tests to the contents of the update by providing 

12 a signature in electronic form in the same man13 ner required under section 6A(c) of the National 

14 Voter Registration Act of 1993. 

15 ‘‘(B) PROCESSING OF UPDATED INFORMA16 TION BY ELECTION OFFICIALS.—If a registered 

17 voter updates registration information under 

18 subparagraph (A), the appropriate State or local 

19 election official shall— 

20 ‘‘(i) revise any information on the 

21 computerized list to reflect the update made 

22 by the voter; and 

23 ‘‘(ii) if the updated registration infor24 mation affects the voter’s eligibility to vote 

25 in an election for Federal office, ensure that 
1828 

•HR 925 EAH 

1 the information is processed with respect to 

2 the election if the voter updates the informa3 tion not later than the lesser of 7 days, or 

4 the period provided by State law, before the 

5 date of the election. 

6 ‘‘(C) CONFIRMATION AND DISPOSITION.— 

7 ‘‘(i) CONFIRMATION OF RECEIPT.— 

8 Upon the online submission of updated reg9 istration information by an individual 

10 under this paragraph, the appropriate State 

11 or local election official shall send the indi12 vidual a notice confirming the State’s re13 ceipt of the updated information and pro14 viding instructions on how the individual 

15 may check the status of the update. 

16 ‘‘(ii) NOTICE OF DISPOSITION.—Not 

17 later than 7 days after the appropriate 

18 State or local election official has accepted 

19 or rejected updated information submitted 

20 by an individual under this paragraph, the 

21 official shall send the individual a notice of 

22 the disposition of the update. 

23 ‘‘(iii) METHOD OF NOTIFICATION.— 

24 The appropriate State or local election offi-
1829 

•HR 925 EAH 

1 cial shall send the notices required under 

2 this subparagraph by regular mail and— 

3 ‘‘(I) in the case of an individual 

4 who has requested that the State pro5 vide voter registration and voting in6 formation through electronic mail, by 

7 electronic mail; and 

8 ‘‘(II) at the option of an indi9 vidual, by text message.’’. 

10 (B) CONFORMING AMENDMENT RELATING TO

11 EFFECTIVE DATE.—Section 303(d)(1)(A) of such 

12 Act (52 U.S.C. 21083(d)(1)(A)) is amended by 

13 striking ‘‘subparagraph (B),’’ and inserting 

14 ‘‘subparagraph (B) and subsection (a)(6),’’. 

15 (2) ABILITY OF REGISTRANT TO USE ONLINE UP16 DATE TO PROVIDE INFORMATION ON RESIDENCE.— 

17 Section 8(d)(2)(A) of the National Voter Registration 

18 Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended— 

19 (A) in the first sentence, by inserting after 

20 ‘‘return the card’’ the following: ‘‘or update the 

21 registrant’s information on the computerized 

22 Statewide voter registration list using the online 

23 method provided under section 303(a)(6) of the 

24 Help America Vote Act of 2002’’; and 
1830 

•HR 925 EAH 

1 (B) in the second sentence, by striking ‘‘re2 turned,’’ and inserting the following: ‘‘returned 

3 or if the registrant does not update the reg4 istrant’s information on the computerized State5 wide voter registration list using such online 

6 method,’’. 

7 (c) SAME DAY REGISTRATION.— 

8 (1) IN GENERAL.—Subtitle C of title III of the 

9 Help America Vote Act of 2002, as added by section 

10 160003(a) and as amended by sections 160004(a) and 

11 160005(a), is further amended— 

12 (A) by redesignating sections 327 and 328 

13 as sections 328 and 329; and 

14 (B) by inserting after section 326 the fol15 lowing new section: 

16 ‘‘SEC. 327. SAME DAY REGISTRATION. 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) REGISTRATION.—Each State shall permit 

19 any eligible individual on the day of a Federal elec20 tion and on any day when voting, including early 

21 voting, is permitted for a Federal election— 

22 ‘‘(A) to register to vote in such election at 

23 the polling place using a form that meets the re24 quirements under section 9(b) of the National 

25 Voter Registration Act of 1993 (or, if the indi-
1831 

•HR 925 EAH 

1 vidual is already registered to vote, to revise any 

2 of the individual’s voter registration informa3 tion); and 

4 ‘‘(B) to cast a vote in such election. 

5 ‘‘(2) EXCEPTION.—The requirements under 

6 paragraph (1) shall not apply to a State in which, 

7 under a State law in effect continuously on and after 

8 the date of the enactment of this section, there is no 

9 voter registration requirement for individuals in the 

10 State with respect to elections for Federal office. 

11 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this sec12 tion, the term ‘eligible individual’ means, with respect to 

13 any election for Federal office, an individual who is other14 wise qualified to vote in that election. 

15 ‘‘(c) EFFECTIVE DATE.—Each State shall be required 

16 to comply with the requirements of subsection (a) for the 

17 regularly scheduled general election for Federal office occur18 ring in November 2020 and for any subsequent election for 

19 Federal office.’’. 

20 (2) CLERICAL AMENDMENT.—The table of con21 tents of such Act, as added by section 160003 and as 

22 amended by sections 160004 and 160005, is further 

23 amended— 
1832 

•HR 925 EAH 

1 (A) by redesignating the items relating to 

2 sections 327 and 328 as relating to sections 328 

3 and 329; and 

4 (B) by inserting after the item relating to 

5 section 326 the following new item: 

‘‘Sec. 327. Same day registration.’’. 

6 (d) PROHIBITING STATE FROM REQUIRING APPLI7 CANTS TO PROVIDE MORE THAN LAST 4 DIGITS OF SOCIAL

8 SECURITY NUMBER.— 

9 (1) FORM INCLUDED WITH APPLICATION FOR

10 MOTOR VEHICLE DRIVER’S LICENSE.—Section 

11 5(c)(2)(B)(ii) of the National Voter Registration Act 

12 of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by 

13 striking the semicolon at the end and inserting the 

14 following: ‘‘, and to the extent that the application re15 quires the applicant to provide a Social Security 

16 number, may not require the applicant to provide 

17 more than the last 4 digits of such number;’’. 

18 (2) NATIONAL MAIL VOTER REGISTRATION

19 FORM.—Section 9(b)(1) of such Act (52 U.S.C. 

20 20508(b)(1)) is amended by striking the semicolon at 

21 the end and inserting the following: ‘‘, and to the ex22 tent that the form requires the applicant to provide 

23 a Social Security number, the form may not require 

24 the applicant to provide more than the last 4 digits 

25 of such number;’’. 
1833 

•HR 925 EAH 

1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall apply with respect to the reg3 ularly scheduled general election for Federal office 

4 held in November 2020 and each succeeding election 

5 for Federal office. 

6 SEC. 108. ACCOMMODATIONS FOR VOTERS RESIDING IN IN7 DIAN LANDS. 

8 (a) ACCOMMODATIONS DESCRIBED.— 

9 (1) DESIGNATION OF BALLOT PICKUP AND COL10 LECTION LOCATIONS.—Given the widespread lack of 

11 residential mail delivery in Indian Country, an In12 dian Tribe may designate buildings as ballot pickup 

13 and collection locations with respect to an election for 

14 Federal office at no cost to the Indian Tribe. An In15 dian Tribe may designate one building per precinct 

16 located within Indian lands. The applicable State or 

17 political subdivision shall collect ballots from those lo18 cations. The applicable State or political subdivision 

19 shall provide the Indian Tribe with accurate precinct 

20 maps for all precincts located within Indian lands 60 

21 days before the election. 

22 (2) PROVISION OF MAIL-IN AND ABSENTEE BAL23 LOTS.—The State or political subdivision shall pro24 vide mail-in and absentee ballots with respect to an 

25 election for Federal office to each individual who is 
1834 

•HR 925 EAH 

1 registered to vote in the election who resides on In2 dian lands in the State or political subdivision in3 volved without requiring a residential address or a 

4 mail-in or absentee ballot request. 

5 (3) USE OF DESIGNATED BUILDING AS RESIDEN6 TIAL AND MAILING ADDRESS.—The address of a des7 ignated building that is a ballot pickup and collection 

8 location with respect to an election for Federal office 

9 may serve as the residential address and mailing ad10 dress for voters living on Indian lands if the tribally 

11 designated building is in the same precinct as that 

12 voter. If there is no tribally designated building with13 in a voter’s precinct, the voter may use another trib14 ally designated building within the Indian lands 

15 where the voter is located. Voters using a tribally des16 ignated building outside of the voter’s precinct may 

17 use the tribally designated building as a mailing ad18 dress and may separately designate the voter’s appro19 priate precinct through a description of the voter’s 

20 address, as specified in section 9428.4(a)(2) of title 

21 11, Code of Federal Regulations. 

22 (4) LANGUAGE ACCESSIBILITY.—In the case of a 

23 State or political subdivision that is a covered State 

24 or political subdivision under section 203 of the Vot25 ing Rights Act of 1965 (52 U.S.C. 10503), that State 
1835 

•HR 925 EAH 

1 or political subdivision shall provide absentee or 

2 mail-in voting materials with respect to an election 

3 for Federal office in the language of the applicable 

4 minority group as well as in the English language, 

5 bilingual election voting assistance, and written 

6 translations of all voting materials in the language of 

7 the applicable minority group, as required by section 

8 203 of the Voting Rights Act of 1965 (52 U.S.C. 

9 10503), as amended by subsection (b). 

10 (5) CLARIFICATION.—Nothing in this section al11 ters the ability of an individual voter residing on In12 dian lands to request a ballot in a manner available 

13 to all other voters in the State. 

14 (6) DEFINITIONS.—In this section: 

15 (A) ELECTION FOR FEDERAL OFFICE.—The 

16 term ‘‘election for Federal office’’ means a gen17 eral, special, primary or runoff election for the 

18 office of President or Vice President, or of Sen19 ator or Representative in, or Delegate or Resi20 dent Commissioner to, the Congress. 

21 (B) INDIAN.—The term ‘‘Indian’’ has the 

22 meaning given the term in section 4 of the In23 dian Self-Determination and Education Assist24 ance Act (25 U.S.C. 5304). 
1836 

•HR 925 EAH 

1 (C) INDIAN LANDS.—The term ‘‘Indian 

2 lands’’ includes— 

3 (i) any Indian country of an Indian 

4 Tribe, as defined under section 1151 of title 

5 18, United States Code; 

6 (ii) any land in Alaska owned, pursu7 ant to the Alaska Native Claims Settlement 

8 Act (43 U.S.C. 1601 et seq.), by an Indian 

9 Tribe that is a Native village (as defined in 

10 section 3 of that Act (43 U.S.C. 1602)) or 

11 by a Village Corporation that is associated 

12 with an Indian Tribe (as defined in section 

13 3 of that Act (43 U.S.C. 1602)); 

14 (iii) any land on which the seat of the 

15 Tribal Government is located; and 

16 (iv) any land that is part or all of a 

17 Tribal designated statistical area associated 

18 with an Indian Tribe, or is part or all of 

19 an Alaska Native village statistical area as20 sociated with an Indian Tribe, as defined 

21 by the Census Bureau for the purposes of 

22 the most recent decennial census. 

23 (D) INDIAN TRIBE.—The term ‘‘Indian 

24 Tribe’’ has the meaning given the term ‘‘Indian 

25 tribe’’ in section 4 of the Indian Self-Determina-
1837 

•HR 925 EAH 

1 tion and Education Assistance Act (25 U.S.C. 

2 5304). 

3 (E) TRIBAL GOVERNMENT.—The term 

4 ‘‘Tribal Government’’ means the recognized gov5 erning body of an Indian Tribe. 

6 (7) ENFORCEMENT.— 

7 (A) ATTORNEY GENERAL.—The Attorney 

8 General may bring a civil action in an appro9 priate district court for such declaratory or in10 junctive relief as is necessary to carry out this 

11 subsection. 

12 (B) PRIVATE RIGHT OF ACTION.— 

13 (i) A person or Tribal Government who 

14 is aggrieved by a violation of this subsection 

15 may provide written notice of the violation 

16 to the chief election official of the State in17 volved. 

18 (ii) An aggrieved person or Tribal 

19 Government may bring a civil action in an 

20 appropriate district court for declaratory or 

21 injunctive relief with respect to a violation 

22 of this subsection, if— 

23 (I) that person or Tribal Govern24 ment provides the notice described in 

25 clause (i); and 
1838 

•HR 925 EAH 

1 (II)(aa) in the case of a violation 

2 that occurs more than 120 days before 

3 the date of an election for Federal of4 fice, the violation remains and 90 days 

5 or more have passed since the date on 

6 which the chief election official of the 

7 State receives the notice under clause 

8 (i); or 

9 (bb) in the case of a violation that 

10 occurs 120 days or less before the date 

11 of an election for Federal office, the 

12 violation remains and 20 days or more 

13 have passed since the date on which the 

14 chief election official of the State re15 ceives the notice under clause (i). 

16 (iii) In the case of a violation of this 

17 section that occurs 30 days or less before the 

18 date of an election for Federal office, an ag19 grieved person or Tribal Government may 

20 bring a civil action in an appropriate dis21 trict court for declaratory or injunctive re22 lief with respect to the violation without 

23 providing notice to the chief election official 

24 of the State under clause (i). 
1839 

•HR 925 EAH 

1 (b) BILINGUAL ELECTION REQUIREMENTS.—Section 

2 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) 

3 is amended— 

4 (1) in subsection (b)(3)(C), by striking ‘‘1990’’ 

5 and inserting ‘‘2010’’; and 

6 (2) by striking subsection (c) and inserting the 

7 following: 

8 ‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN9 GUAGE OF A MINORITY GROUP.— 

10 ‘‘(1) IN GENERAL.—Whenever any State or polit11 ical subdivision subject to the prohibition of sub12 section (b) of this section provides any registration or 

13 voting notices, forms, instructions, assistance, or other 

14 materials or information relating to the electoral 

15 process, including ballots, it shall provide them in the 

16 language of the applicable minority group as well as 

17 in the English language. 

18 ‘‘(2) EXCEPTIONS.— 

19 ‘‘(A) In the case of a minority group that 

20 is not American Indian or Alaska Native and 

21 the language of that minority group is oral or 

22 unwritten, the State or political subdivision 

23 shall only be required to furnish, in the covered 

24 language, oral instructions, assistance, trans-
1840 

•HR 925 EAH 

1 lation of voting materials, or other information 

2 relating to registration and voting. 

3 ‘‘(B) In the case of a minority group that 

4 is American Indian or Alaska Native, the State 

5 or political subdivision shall only be required to 

6 furnish in the covered language oral instructions, 

7 assistance, or other information relating to reg8 istration and voting, including all voting mate9 rials, if the Tribal Government of that minority 

10 group has certified that the language of the ap11 plicable American Indian or Alaska Native lan12 guage is presently unwritten or the Tribal Gov13 ernment does not want written translations in 

14 the minority language. 

15 ‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION

16 WORKERS.—Notwithstanding paragraph (2), the 

17 State or political division may be required to provide 

18 written translations of voting materials, with the con19 sent of any applicable Indian Tribe, to election work20 ers to ensure that the translations from English to the 

21 language of a minority group are complete, accurate, 

22 and uniform.’’. 

23 (c) EFFECTIVE DATE.—This section and the amend24 ments made by this section shall apply with respect to the 

25 regularly scheduled general election for Federal office held 
1841 

•HR 925 EAH 

1 in November 2020 and each succeeding election for Federal 

2 office. 

3 SEC. 109. PAYMENTS BY ELECTION ASSISTANCE COMMIS4 SION TO STATES TO ASSIST WITH COSTS OF 

5 COMPLIANCE. 

6 (a) AVAILABILITY OF GRANTS.—Subtitle D of title II 

7 of the Help America Vote Act of 2002 (52 U.S.C. 21001 

8 et seq.) is amended by adding at the end the following new 

9 part: 

10 ‘‘PART 7—PAYMENTS TO ASSIST WITH COSTS OF 

11 COMPLIANCE WITH ACCESS ACT 

12 ‘‘SEC. 297. PAYMENTS TO ASSIST WITH COSTS OF COMPLI13 ANCE WITH ACCESS ACT. 

14 ‘‘(a) AVAILABILITY AND USE OF PAYMENTS.— 

15 ‘‘(1) IN GENERAL.—The Commission shall make 

16 a payment to each eligible State to assist the State 

17 with the costs of complying with the American 

18 Coronavirus/COVID–19 Election Safety and Security 

19 Act and the amendments made by such Act, including 

20 the provisions of such Act and such amendments 

21 which require States to pre-pay the postage on absen22 tee ballots and balloting materials. 

23 ‘‘(2) PUBLIC EDUCATION CAMPAIGNS.—For pur24 poses of this part, the costs incurred by a State in 

25 carrying out a campaign to educate the public about 
1842 

•HR 925 EAH 

1 the requirements of the American Coronavirus/ 

2 COVID–19 Election Safety and Security Act and the 

3 amendments made by such Act shall be included as 

4 the costs of complying with such Act and such amend5 ments. 

6 ‘‘(b) PRIMARY ELECTIONS.— 

7 ‘‘(1) PAYMENTS TO STATES.—In addition to any 

8 payments under subsection (a), the Commission shall 

9 make a payment to each eligible State to assist the 

10 State with the costs incurred in voluntarily electing 

11 to comply with the American Coronavirus/COVID–19 

12 Election Safety and Security Act and the amend13 ments made by such Act with respect to primary elec14 tions for Federal office held in the State in 2020. 

15 ‘‘(2) STATE PARTY-RUN PRIMARIES.—In addi16 tion to any payments under paragraph (1), the Com17 mission shall make payments to each eligible political 

18 party of the State for costs incurred by such parties 

19 to send absentee ballots and return envelopes with 

20 prepaid postage to eligible voters participating in 

21 such primaries during 2020. 

22 ‘‘(c) PASS-THROUGH OF FUNDS TO LOCAL JURISDIC23 TIONS.— 

24 ‘‘(1) IN GENERAL.—If a State receives a pay25 ment under this part for costs that include costs in-
1843 

•HR 925 EAH 

1 curred by a local jurisdiction or Tribal government 

2 within the State, the State shall pass through to such 

3 local jurisdiction or Tribal government a portion of 

4 such payment that is equal to the amount of the costs 

5 incurred by such local jurisdiction or Tribal govern6 ment. 

7 ‘‘(2) TRIBAL GOVERNMENT DEFINED.—In this 

8 subsection, the term ‘Tribal Government’ means the 

9 recognized governing body of an Indian tribe (as de10 fined in section 4 of the Indian Self-Determination 

11 and Education Assistance Act (25 U.S.C. 5304). 

12 ‘‘(d) SCHEDULE OF PAYMENTS.—As soon as prac13 ticable after the date of the enactment of this part and not 

14 less frequently than once each calendar year thereafter, the 

15 Commission shall make payments under this part. 

16 ‘‘(e) COVERAGE OF COMMONWEALTH OF NORTHERN

17 MARIANA ISLANDS.—In this part, the term ‘State’ includes 

18 the Commonwealth of the Northern Mariana Islands. 

19 ‘‘(f) LIMITATION.—No funds may be provided to a 

20 State under this part for costs attributable to the electronic 

21 return of marked ballots by any voter. 

22 ‘‘SEC. 297A. AMOUNT OF PAYMENT. 

23 ‘‘(a) IN GENERAL.—The amount of a payment made 

24 to an eligible State for a year under this part shall be deter25 mined by the Commission. 
1844 

•HR 925 EAH 

1 ‘‘(b) CONTINUING AVAILABILITY OF FUNDS AFTER AP2 PROPRIATION.—A payment made to an eligible State or eli3 gible unit of local government under this part shall be avail4 able without fiscal year limitation. 

5 ‘‘SEC. 297B. REQUIREMENTS FOR ELIGIBILITY. 

6 ‘‘(a) APPLICATION.—Each State that desires to receive 

7 a payment under this part for a fiscal year, and each polit8 ical party of a State that desires to receive a payment under 

9 section 297(b)(2), shall submit an application for the pay10 ment to the Commission at such time and in such manner 

11 and containing such information as the Commission shall 

12 require. 

13 ‘‘(b) CONTENTS OF APPLICATION.—Each application 

14 submitted under subsection (a) shall— 

15 ‘‘(1) describe the activities for which assistance 

16 under this part is sought; and 

17 ‘‘(2) provide such additional information and 

18 certifications as the Commission determines to be es19 sential to ensure compliance with the requirements of 

20 this part. 

21 ‘‘SEC. 297C. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There are authorized to be appropriated for payments 

23 under this part such sums as may be necessary for fiscal 

24 year 2021. 
1845 

•HR 925 EAH 

1 ‘‘SEC. 297D. REPORTS. 

2 ‘‘(a) REPORTS BY RECIPIENTS.—Not later than 6 

3 months after the end of each fiscal year for which an eligible 

4 State received a payment under this part, the State shall 

5 submit a report to the Commission on the activities con6 ducted with the funds provided during the year. 

7 ‘‘(b) REPORTS BY COMMISSION TO COMMITTEES.— 

8 With respect to each fiscal year for which the Commission 

9 makes payments under this part, the Commission shall sub10 mit a report on the activities carried out under this part 

11 to the Committee on House Administration of the House 

12 of Representatives and the Committee on Rules and Admin13 istration of the Senate.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents of 

15 such Act is amended by adding at the end of the items relat16 ing to subtitle D of title II the following: 

‘‘PART 7—PAYMENTS TO ASSIST WITH COSTS OF COMPLIANCE WITH ACCESS

ACT

‘‘Sec. 297. Payments to assist with costs of compliance with Access Act. 

‘‘Sec. 297A. Amount of payment. 

‘‘Sec. 297B. Requirements for eligibility. 

‘‘Sec. 297C. Authorization of appropriations. 

‘‘Sec. 297D. Reports.’’. 

17 SEC. 110. GRANTS TO STATES FOR CONDUCTING RISK-LIM18 ITING AUDITS OF RESULTS OF ELECTIONS. 

19 (a) AVAILABILITY OF GRANTS.—Subtitle D of title II 

20 of the Help America Vote Act of 2002 (52 U.S.C. 21001 

21 et seq.), as amended by section 160009(a), is further amend22 ed by adding at the end the following new part: 
1846 

•HR 925 EAH 

1 ‘‘PART 8—GRANTS FOR CONDUCTING RISK2 LIMITING AUDITS OF RESULTS OF ELECTIONS 

3 ‘‘SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AU4 DITS OF RESULTS OF ELECTIONS. 

5 ‘‘(a) AVAILABILITY OF GRANTS.—The Commission 

6 shall make a grant to each eligible State to conduct risk7 limiting audits as described in subsection (b) with respect 

8 to the regularly scheduled general elections for Federal office 

9 held in November 2020 and each succeeding election for 

10 Federal office. 

11 ‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 

12 part, a ‘risk-limiting audit’ is a post-election process— 

13 ‘‘(1) which is conducted in accordance with rules 

14 and procedures established by the chief State election 

15 official of the State which meet the requirements of 

16 subsection (c); and 

17 ‘‘(2) under which, if the reported outcome of the 

18 election is incorrect, there is at least a predetermined 

19 percentage chance that the audit will replace the in20 correct outcome with the correct outcome as deter21 mined by a full, hand-to-eye tabulation of all votes 

22 validly cast in that election that ascertains voter in23 tent manually and directly from voter-verifiable 

24 paper records. 
1847 

•HR 925 EAH 

1 ‘‘(c) REQUIREMENTS FOR RULES AND PROCEDURES.— 

2 The rules and procedures established for conducting a risk3 limiting audit shall include the following elements: 

4 ‘‘(1) Rules for ensuring the security of ballots 

5 and documenting that prescribed procedures were fol6 lowed. 

7 ‘‘(2) Rules and procedures for ensuring the accu8 racy of ballot manifests produced by election agencies. 

9 ‘‘(3) Rules and procedures for governing the for10 mat of ballot manifests, cast vote records, and other 

11 data involved in the audit. 

12 ‘‘(4) Methods to ensure that any cast vote records 

13 used in the audit are those used by the voting system 

14 to tally the election results sent to the chief State elec15 tion official and made public. 

16 ‘‘(5) Procedures for the random selection of bal17 lots to be inspected manually during each audit. 

18 ‘‘(6) Rules for the calculations and other methods 

19 to be used in the audit and to determine whether and 

20 when the audit of an election is complete. 

21 ‘‘(7) Procedures and requirements for testing any 

22 software used to conduct risk-limiting audits. 

23 ‘‘(d) DEFINITIONS.—In this part, the following defini24 tions apply: 
1848 

•HR 925 EAH 

1 ‘‘(1) The term ‘ballot manifest’ means a record 

2 maintained by each election agency that meets each 

3 of the following requirements: 

4 ‘‘(A) The record is created without reliance 

5 on any part of the voting system used to tabulate 

6 votes. 

7 ‘‘(B) The record functions as a sampling 

8 frame for conducting a risk-limiting audit. 

9 ‘‘(C) The record contains the following in10 formation with respect to the ballots cast and 

11 counted in the election: 

12 ‘‘(i) The total number of ballots cast 

13 and counted by the agency (including 

14 undervotes, overvotes, and other invalid 

15 votes). 

16 ‘‘(ii) The total number of ballots cast 

17 in each election administered by the agency 

18 (including undervotes, overvotes, and other 

19 invalid votes). 

20 ‘‘(iii) A precise description of the man21 ner in which the ballots are physically 

22 stored, including the total number of phys23 ical groups of ballots, the numbering system 

24 for each group, a unique label for each 
1849 

•HR 925 EAH 

1 group, and the number of ballots in each 

2 such group. 

3 ‘‘(2) The term ‘incorrect outcome’ means an out4 come that differs from the outcome that would be de5 termined by a full tabulation of all votes validly cast 

6 in the election, determining voter intent manually, 

7 directly from voter-verifiable paper records. 

8 ‘‘(3) The term ‘outcome’ means the winner of an 

9 election, whether a candidate or a position. 

10 ‘‘(4) The term ‘reported outcome’ means the out11 come of an election which is determined according to 

12 the canvass and which will become the official, cer13 tified outcome unless it is revised by an audit, re14 count, or other legal process. 

15 ‘‘SEC. 298A. ELIGIBILITY OF STATES. 

16 ‘‘A State is eligible to receive a grant under this part 

17 if the State submits to the Commission, at such time and 

18 in such form as the Commission may require, an applica19 tion containing— 

20 ‘‘(1) a certification that, not later than 5 years 

21 after receiving the grant, the State will conduct risk22 limiting audits of the results of elections for Federal 

23 office held in the State as described in section 298; 

24 ‘‘(2) a certification that, not later than one year 

25 after the date of the enactment of this section, the 
1850 

•HR 925 EAH 

1 chief State election official of the State has established 

2 or will establish the rules and procedures for con3 ducting the audits which meet the requirements of sec4 tion 298(c); 

5 ‘‘(3) a certification that the audit shall be com6 pleted not later than the date on which the State cer7 tifies the results of the election; 

8 ‘‘(4) a certification that, after completing the 

9 audit, the State shall publish a report on the results 

10 of the audit, together with such information as nec11 essary to confirm that the audit was conducted prop12 erly; 

13 ‘‘(5) a certification that, if a risk-limiting audit 

14 conducted under this part leads to a full manual tally 

15 of an election, State law requires that the State or 

16 election agency shall use the results of the full manual 

17 tally as the official results of the election; and 

18 ‘‘(6) such other information and assurances as 

19 the Commission may require. 

20 ‘‘SEC. 298B. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘There are authorized to be appropriated for grants 

22 under this part $20,000,000 for fiscal year 2021, to remain 

23 available until expended.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents of 

25 such Act, as amended by section 160009(b), is further 
1851 

•HR 925 EAH 

1 amended by adding at the end of the items relating to sub2 title D of title II the following: 

‘‘PART 8—GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF

ELECTIONS

‘‘Sec. 298. Grants for conducting risk-limiting audits of results of elections. 

‘‘Sec. 298A. Eligibility of States. 

‘‘Sec. 298B. Authorization of appropriations. 

3 (c) GAO ANALYSIS OF EFFECTS OF AUDITS.— 

4 (1) ANALYSIS.—Not later than 6 months after 

5 the first election for Federal office is held after grants 

6 are first awarded to States for conducting risk-lim7 iting audits under part 8 of subtitle D of title II of 

8 the Help America Vote Act of 2002 (as added by sub9 section (a)) for conducting risk-limiting audits of 

10 elections for Federal office, the Comptroller General of 

11 the United States shall conduct an analysis of the ex12 tent to which such audits have improved the adminis13 tration of such elections and the security of election 

14 infrastructure in the States receiving such grants. 

15 (2) REPORT.—The Comptroller General of the 

16 United States shall submit a report on the analysis 

17 conducted under subsection (a) to the appropriate 

18 congressional committees. 

19 SEC. 111. ADDITIONAL APPROPRIATIONS FOR THE ELEC20 TION ASSISTANCE COMMISSION. 

21 (a) IN GENERAL.—In addition to any funds otherwise 

22 appropriated to the Election Assistance Commission for fis-
1852 

•HR 925 EAH 

1 cal year 2021, there is authorized to be appropriated 

2 $3,000,000 for fiscal year 2021 in order for the Commission 

3 to provide additional assistance and resources to States for 

4 improving the administration of elections. 

5 (b) AVAILABILITY OF FUNDS.—Amounts appropriated 

6 pursuant to the authorization under this subsection shall 

7 remain available without fiscal year limitation. 

8 SEC. 112. DEFINITION. 

9 (a) DEFINITION OF ELECTION FOR FEDERAL OFFICE

10 .—Title IX of the Help America Vote Act of 2002 (52 U.S.C. 

11 21141 et seq.) is amended by adding at the end the following 

12 new section: 

13 ‘‘SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED. 

14 ‘‘For purposes of titles I through III, the term ‘election 

15 for Federal office’ means a general, special, primary, or 

16 runoff election for the office of President or Vice President, 

17 or of Senator or Representative in, or Delegate or Resident 

18 Commissioner to, the Congress.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents of 

20 such Act is amended by adding at the end of the items relat21 ing to title IX the following new item: 

‘‘Sec. 907. Election for Federal office defined.’’. 
1853 

•HR 925 EAH 

1 DIVISION Q—TRANSPORTATION 

2 AND INFRASTRUCTURE 

3 TITLE I—AVIATION 

4 SECTION 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Payroll Support Pro6 gram Extension Act’’. 

7 SEC. 102. DEFINITIONS. 

8 Unless otherwise specified, the definitions in section 

9 40102(a) of title 49, United States Code, shall apply to this 

10 title, except that— 

11 (1) the term ‘‘airline catering employee’’ means 

12 an employee who performs airline catering services; 

13 (2) the term ‘‘airline catering services′′’’ means 

14 preparation, assembly, or both, of food, beverages, pro15 visions and related supplies for delivery, and the de16 livery of such items, directly to aircraft or to a loca17 tion on or near airport property for subsequent deliv18 ery to aircraft; 

19 (3) the term ‘‘contractor’’ means— 

20 (A) a person that performs, under contract 

21 with a passenger air carrier conducting oper22 ations under part 121 of title 14, Code of Fed23 eral Regulations— 

24 (i) catering functions; or 
1854 

•HR 925 EAH 

1 (ii) functions on the property of an 

2 airport that are directly related to the air 

3 transportation of persons, property, or 

4 mail, including but not limited to the load5 ing and unloading of property on aircraft; 

6 assistance to passengers under part 382 of 

7 title 14, Code of Federal Regulations; secu8 rity; airport ticketing and check-in func9 tions; ground-handling of aircraft; or air10 craft cleaning and sanitization functions 

11 and waste removal; or 

12 (B) a subcontractor that performs such 

13 functions; 

14 (4) the term ‘‘employee’’ means an individual, 

15 other than a corporate officer, who is employed by an 

16 air carrier or a contractor; and 

17 (5) the term ‘‘Secretary’’ means the Secretary of 

18 the Treasury. 

19 SEC. 103. PANDEMIC RELIEF FOR AVIATION WORKERS. 

20 (a) FINANCIAL ASSISTANCE FOR EMPLOYEE WAGES, 

21 SALARIES, AND BENEFITS.—Notwithstanding any other 

22 provision of law, to preserve aviation jobs and compensate 

23 air carrier industry workers, the Secretary shall provide fi24 nancial assistance that shall exclusively be used for the con-
1855 

•HR 925 EAH 

1 tinuation of payment of employee wages, salaries, and bene2 fits to— 

3 (1) passenger air carriers, in an aggregate 

4 amount up to $25,000,000,000; 

5 (2) cargo air carriers, in an aggregate amount 

6 up to $300,000,000; and 

7 (3) contractors, in an aggregate amount up to 

8 $3,000,000,000. 

9 (b) ADMINISTRATIVE EXPENSES.—Notwithstanding 

10 any other provision of law, the Secretary may use funds 

11 made available under section 4112(b) of the CARES Act 

12 (15 U.S.C. 9072(b)) for costs and administrative expenses 

13 associated with providing financial assistance under this 

14 title. 

15 SEC. 104. PROCEDURES FOR PROVIDING PAYROLL SUP16 PORT. 

17 (a) AWARDABLE AMOUNTS.—The Secretary shall pro18 vide financial assistance under this title— 

19 (1) to an air carrier required to file reports pur20 suant to part 241 of title 14, Code of Federal Regula21 tions, as of March 27, 2020, in an amount equal to— 

22 (A) the amount such air carrier received 

23 under section 4113 of the CARES Act (15 U.S.C. 

24 9073); or 
1856 

•HR 925 EAH 

1 (B) at the request of such air carrier, or in 

2 the event such an air carrier did not receive as3 sistance under section 4113 of the CARES Act 

4 (15 U.S.C. 9073), the amount of the salaries and 

5 benefits reported by the air carrier to the De6 partment of Transportation pursuant to such 

7 part 241, for the period from October 1, 2019, 

8 through March 31, 2020; 

9 (2) to an air carrier that did not transmit re10 ports under such part 241, as of March 27, 2020, in 

11 an amount equal to— 

12 (A) the amount such air carrier received 

13 under section 4113 of the CARES Act (15 U.S.C. 

14 9073), plus an additional 15 percent of such 

15 amount; or 

16 (B) at the request of such air carrier, or in 

17 the event such an air carrier did not receive as18 sistance under section 4113 of the CARES Act 

19 (15 U.S.C. 9073), an amount that such an air 

20 carrier certifies, using sworn financial state21 ments or other appropriate data, as the amount 

22 of total salaries and related fringe benefits that 

23 such air carrier incurred and would be required 

24 to be reported to the Department of Transpor25 tation pursuant to such part 241, if the air car-
1857 

•HR 925 EAH 

1 rier were required to transmit such information 

2 during the period from October 1, 2019, through 

3 March 31, 2020; and 

4 (3) to a contractor in an amount equal to— 

5 (A) the amount such contractor received 

6 under section 4113 of the CARES Act (15 U.S.C. 

7 9073); or 

8 (B) or in the event such contractor did not 

9 receive assistance under section 4113 of the 

10 CARES Act (15 U.S.C. 9073), an amount that 

11 the contractor certifies, using sworn financial 

12 statements or other appropriate data, as the 

13 amount of wages, salaries, benefits, and other 

14 compensation that such contractor paid the em15 ployees of such contractor during the period from 

16 October 1, 2019, through March 31, 2020. 

17 (b) DEADLINES AND PROCEDURES.— 

18 (1) IN GENERAL.— 

19 (A) FORMS; TERMS AND CONDITIONS.—Fi20 nancial assistance provided to an air carrier or 

21 contractor under this title shall— 

22 (i) be in such form, on such terms and 

23 conditions (including requirements for au24 dits and the clawback of any financial as25 sistance provided upon failure by a pas-
1858 

•HR 925 EAH 

1 senger air carrier, cargo air carrier, or con2 tractor to honor the assurances specified in 

3 section 105 of this division), as agreed to by 

4 the Secretary and the recipient for assist5 ance received under section 4113 of the 

6 CARES Act (15 U.S.C. 9073), except where 

7 inconsistent with this title; or 

8 (ii) in the event such an air carrier or 

9 contractor did not receive assistance under 

10 section 4113 of the CARES Act (15 U.S.C. 

11 9073), be in such form, on such terms and 

12 conditions (including requirements for au13 dits and the clawback of any financial as14 sistance provided upon failure by a pas15 senger air carrier, cargo air carrier, or con16 tractor to honor the assurances specified in 

17 section 105 of this division), as the Sec18 retary determines appropriate. 

19 (B) PROCEDURES.—The Secretary shall 

20 publish streamlined and expedited procedures 

21 not later than 5 days after the date of enactment 

22 of this title for air carriers and contractors to 

23 submit requests for financial assistance under 

24 this title. 
1859 

•HR 925 EAH 

1 (2) DEADLINE FOR IMMEDIATE PAYROLL ASSIST2 ANCE.—Not later than 10 days after the date of enact3 ment of this title, the Secretary shall make initial 

4 payments to air carriers and contractors that submit 

5 requests for financial assistance approved by to the 

6 Secretary. 

7 (d) PRO RATA REDUCTIONS.—The amounts under 

8 subsections (a)(1)(B) and (a)(2)(B) shall, to the maximum 

9 extent practicable, be subject to the same pro rata reduction 

10 applied by the Secretary to air carriers or contractors, as 

11 applicable, that received assistance under section 4113 of 

12 the CARES Act (15 U.S.C. 9073). 

13 (e) AUDITS.—The Inspector General of the Department 

14 of the Treasury shall audit certifications made under sub15 section (a). 

16 SEC. 105. REQUIRED ASSURANCES. 

17 (a) IN GENERAL.—To be eligible for financial assist18 ance under this title, an air carrier or contractor shall enter 

19 into an agreement with the Secretary, or otherwise certify 

20 in such form and manner as the Secretary shall prescribe, 

21 that the air carrier or contractor shall— 

22 (1) refrain from conducting involuntary fur23 loughs or reducing pay rates and benefits until— 

24 (A) with respect to air carriers, March 31, 

25 2021; or 
1860 

•HR 925 EAH 

1 (B) with respect to contractors, March 31, 

2 2021, or the date on which the contractor ex3 hausts such financial assistance, whichever is 

4 later; 

5 (2) ensure that neither the air carrier or con6 tractor nor any affiliate of the air carrier or con7 tractor may, in any transaction, purchase an equity 

8 security of the air carrier or contractor or the parent 

9 company of the air carrier or contractor that is listed 

10 on a national securities exchange through— 

11 (A) with respect to air carriers, March 31, 

12 2022; or 

13 (B) with respect to contractors, March 31, 

14 2022, or the date on which the contractor ex15 hausts such financial assistance, whichever is 

16 later; 

17 (3) ensure that the air carrier or contractor shall 

18 not pay dividends, or make other capital distribu19 tions, with respect to common stock (or equivalent in20 terest) of the air carrier or contractor through— 

21 (A) with respect to air carriers, March 31, 

22 2022; or 

23 (B) with respect to contractors, March 31, 

24 2022, or the date on which the contractor ex-
1861 

•HR 925 EAH 

1 hausts such financial assistance, whichever is 

2 later; 

3 (4) meet the requirements of sections 106 and 

4 107 of this division; and 

5 (5) affirm that the air carrier or contractor has 

6 not conducted involuntary furloughs or reduced pay 

7 rates and benefits between— 

8 (A) the date the air carrier or contractor 

9 entered into an agreement with the Secretary for 

10 loans, loan guarantees, other investments, or fi11 nancial assistance under title IV of the CARES 

12 Act (Public Law 116–136) and the date the air 

13 carrier or contractor enters into an agreement 

14 with the Secretary for financial assistance under 

15 this title; or 

16 (B) in the case of an air carrier or con17 tractor that did not receive loans, loan guaran18 tees, other investments, or financial assistance 

19 under title IV of the CARES Act, the date of en20 actment of this title and the date the air carrier 

21 or contractor enters into an agreement with the 

22 Secretary for funding under this title. 
1862 

•HR 925 EAH 

1 SEC. 106. PROTECTION OF COLLECTIVE BARGAINING 

2 AGREEMENTS. 

3 (a) IN GENERAL.—Neither the Secretary, nor any 

4 other actor, department, or agency of the Federal Govern5 ment, shall condition the issuance of financial assistance 

6 under this title on an air carrier’s or contractor’s imple7 mentation of measures to enter into negotiations with the 

8 certified bargaining representative of a craft or class of em9 ployees of the air carrier or contractor under the Railway 

10 Labor Act (45 U.S.C. 151 et seq.) or the National Labor 

11 Relations Act (29 U.S.C. 151 et seq.), regarding pay or 

12 other terms and conditions of employment. 

13 (b) AIR CARRIER PERIOD OF EFFECT.—With respect 

14 to any air carrier to which financial assistance is provided 

15 under this title, this section shall be in effect with respect 

16 to the air carrier beginning on the date on which the air 

17 carrier is first issued such financial assistance and ending 

18 on March 31, 2021. 

19 (c) CONTRACTOR PERIOD OF EFFECT.—With respect 

20 to any contractor to which financial assistance is provided 

21 under this title, this section shall be in effect with respect 

22 to contractor beginning on the date on which the contractor 

23 is first issued such financial assistance and ending on 

24 March 31, 2021, or until the date on which all funds are 

25 expended, whichever is later. 
1863 

•HR 925 EAH 

1 SEC. 107. LIMITATION ON CERTAIN EMPLOYEE COMPENSA2 TION. 

3 (a) IN GENERAL.—The Secretary may only provide fi4 nancial assistance under this title to an air carrier or con5 tractor after such carrier or contractor enters into an agree6 ment with the Secretary which provides that, during the 

7 2-year period beginning October 1, 2020, and ending Octo8 ber 1, 2022, no officer or employee of the air carrier or 

9 contractor whose total compensation exceeded $425,000 in 

10 calendar year 2019 (other than an employee whose com11 pensation is determined through an existing collective bar12 gaining agreement entered into prior to enactment of this 

13 title)— 

14 (1) will receive from the air carrier or contractor 

15 total compensation which exceeds, during any 12 con16 secutive months of such 2-year period, the total com17 pensation received by the officer or employee from the 

18 air carrier or contractor in calendar year 2019; 

19 (2) will receive from the air carrier or contractor 

20 severance pay or other benefits upon termination of 

21 employment with the air carrier or contractor which 

22 exceeds twice the maximum total compensation re23 ceived by the officer or employee from the air carrier 

24 or contractor in calendar year 2019; and 

25 (3) no officer or employee of the air carrier or 

26 contractor whose total compensation exceeded 
1864 

•HR 925 EAH 

1 $3,000,000 in calendar year 2019 may receive during 

2 any 12 consecutive months of such period total com3 pensation in excess of the sum of— 

4 (A) $3,000,000; and 

5 (B) 50 percent of the excess over $3,000,000 

6 of the total compensation received by the officer 

7 or employee from the air carrier or contractor in 

8 calendar year 2019. 

9 (b) TOTAL COMPENSATION DEFINED.—In this section, 

10 the term ‘‘total compensation’’ includes salary, bonuses, 

11 awards of stock, and other financial benefits provided by 

12 an air carrier or contractor to an officer or employee of 

13 the air carrier or contractor. 

14 SEC. 108. MINIMUM AIR SERVICE GUARANTEES. 

15 (a) IN GENERAL.—The Secretary of Transportation is 

16 authorized to require, to the extent reasonable and prac17 ticable, an air carrier provided financial assistance under 

18 this title to maintain scheduled air transportation, as the 

19 Secretary of Transportation determines necessary, to ensure 

20 services to any point served by that air carrier before March 

21 1, 2020, continues to receive a basic level of air service. 

22 (b) REQUIRED CONSIDERATIONS.—When considering 

23 whether to exercise the authority provided by this section, 

24 the Secretary of Transportation shall take into consider25 ation the air transportation needs of small and remote com-
1865 

•HR 925 EAH 

1 munities, the need to maintain well-functioning health care 

2 supply chains, including medical devices and supplies, and 

3 pharmaceutical supply chains, and such other matters as 

4 the public interest requires. 

5 (c) SUNSET.—The authority provided under this sec6 tion shall terminate on September 1, 2022, and any re7 quirements issued by the Secretary of Transportation under 

8 this section shall cease to apply after that date. 

9 SEC. 109. TAX PAYER PROTECTION. 

10 (a) CARES ACT ASSISTANCE RECIPIENTS.—With re11 spect to a recipient of assistance under section 4113 of the 

12 CARES Act (15 U.S.C. 9073) that receives assistance under 

13 this title, the Secretary may receive warrants, options, pre14 ferred stock, debt securities, notes, or other financial instru15 ments issued by such recipient in the same form and 

16 amount, and under the same terms and conditions, as 

17 agreed to by the Secretary and the recipient for assistance 

18 received under such section 4113 to provide appropriate 

19 compensation to the Federal Government for the provision 

20 of the financial assistance under this title. 

21 (b) OTHER APPLICANTS.—With respect to an appli22 cant that did not receive assistance under such section 4113, 

23 the Secretary may receive warrants, options, preferred 

24 stock, debt securities, notes, or other financial instruments 

25 issued by an applicant that receives assistance under this 
1866 

•HR 925 EAH 

1 title in a form and amount that are, to the maximum extent 

2 practicable, the same as the terms and conditions as agreed 

3 to by the Secretary and similarly situated recipients of as4 sistance under such section 4113 to provide appropriate 

5 compensation to the Federal Government for the provision 

6 of the financial assistance under this title. 

7 SEC. 110. REPORTS. 

8 (a) REPORT.—Not later than May 1, 2021, the Sec9 retary shall update and submit to the Committee on Trans10 portation and Infrastructure and the Committee on Finan11 cial Services of the House of Representatives and the Com12 mittee on Commerce, Science, and Transportation and the 

13 Committee on Banking, Housing, and Urban Affairs of the 

14 Senate a report on the financial assistance provided to air 

15 carriers and contractors under this title, which includes— 

16 (1) a description of any financial assistance pro17 vided to air carrier and contractors under this title; 

18 (2) any audits of air carriers or contractors re19 ceiving financial assistance under this title; 

20 (3) any reports filed by air carriers or contrac21 tors receiving financial assistance under this title; 

22 (4) any non-compliances by air carriers or con23 tractors receiving financial assistance under this title 

24 with the terms and conditions of this title or agree-
1867 

•HR 925 EAH 

1 ments entered into with the Secretary to receive such 

2 financial assistance; and 

3 (5) information relating to any clawback of any 

4 financial assistance provided to air carriers or con5 tractors under this title. 

6 (b) INTERNET UPDATES.—The Secretary shall update 

7 the website of the Department of the Treasury on a daily 

8 basis as necessary to reflect new or revised distributions of 

9 financial assistance under this title with respect to each air 

10 carrier or contractor that receives such assistance, the iden11 tification of any applicant that applied for financial assist12 ance under this title, and the date of application. 

13 (c) SUPPLEMENTAL UPDATE.—Not later than the last 

14 day of the 1-year period following the date of enactment 

15 of this title, the Secretary shall update and submit to the 

16 Committee on Transportation and Infrastructure and the 

17 Committee on Financial Services of the House of Represent18 atives and the Committee on Commerce, Science, and 

19 Transportation and the Committee on Banking, Housing, 

20 and Urban Affairs of the Senate, the report submitted under 

21 subsection (a). 

22 SEC. 111. COORDINATION. 

23 In implementing this title, the Secretary shall coordi24 nate with the Secretary of Transportation. 
1868 

•HR 925 EAH 

1 SEC. 112. DIRECT APPROPRIATION. 

2 Notwithstanding any other provision of law, there is 

3 appropriated, out of amounts in the Treasury not otherwise 

4 appropriated, $28,300,000,000 to carry out this title. 

5 SEC. 113. TECHNICAL CORRECTIONS AND CLARIFICATION. 

6 (a) Section 4003(c)(1)(B) of the CARES Act (15 

7 U.S.C. 9042(c)(1)(B)) is amended— 

8 (1) by striking ‘‘As soon’’ and inserting the fol9 lowing: 

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

11 (ii), as soon’’; and 

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

13 ‘‘(ii) REQUIREMENT.—The procedures 

14 and any related guidance issued under 

15 clause (i) shall not prohibit any air carrier 

16 from applying for or receiving a loan or 

17 loan guarantee under paragraph (1), (2), or 

18 (3) of subsection (b) based on the amount of 

19 the loan or loan guarantee requested.’’; and 

20 (b) Section 4113(c) of the CARES Act (15 U.S.C. 

21 9073(c)) is amended by striking ‘‘ section 4112’’ and insert22 ing ‘‘subsection (a)’’. 

23 (c) Section 4114 of the CARES Act (15 U.S.C. 9074) 

24 is amended by adding at the end the following new sub25 sections: 

26 ‘‘(c) CONTINUED APPLICATION.— 
1869 

•HR 925 EAH 

1 ‘‘(1) IN GENERAL.—If, after September 30, 2020, 

2 a contractor expends funds made available pursuant 

3 to section 4112 and distributed pursuant to section 

4 4113, the assurances under this section shall continue 

5 to apply until all funds are expended, notwith6 standing the time limits included in paragraphs (1) 

7 through (3) of subsection (a), or section 4115 or 4116. 

8 ‘‘(2) SPECIAL RULE.—Not later than January 5, 

9 2021, each contractor that has received funds pursu10 ant to such section 4112 shall report to the Secretary 

11 on the amount of such funds that the contractor has 

12 expended through December 31, 2020. If the con13 tractor has expended an amount that is less than 50 

14 percent of the total amount of funds the contractor re15 ceived under such section, the Secretary shall initiate 

16 an action to recover any funds that remain unex17 pended as of January 31, 2021. 

18 ‘‘(d) CLAWBACK OF ASSISTANCE.—Any contractor that 

19 conducted involuntary furloughs or reduced pay rates and 

20 benefits, between March 27, 2020, and the date on which 

21 the contractor entered into an agreement with the Secretary 

22 related to financial assistance under this subtitle, shall at23 tempt in good faith to rehire employees who were involun24 tary furloughed, or the Secretary shall claw back such fi25 nancial assistance, as necessary.’’. 
1870 

•HR 925 EAH 

1 SEC. 114. NATIONAL AVIATION PREPAREDNESS PLAN. 

2 (a) IN GENERAL.—Not later than 1 year after the date 

3 of enactment of this section, the Secretary of Transpor4 tation, in coordination with the Secretary of Health and 

5 Human Services, the Secretary of Homeland Security, and 

6 the heads of such other Federal departments or agencies as 

7 the Secretary considers appropriate, shall develop and regu8 larly update a national aviation preparedness plan to en9 sure the aviation system is prepared to respond to 

10 epidemics and pandemics of infectious diseases. 

11 (b) CONTENTS OF PLAN.—A plan developed under sub12 section (a) shall, at a minimum— 

13 (1) provide airports and air carriers with an 

14 adaptable and scalable framework with which to align 

15 the individual plans of such airports and air carriers 

16 and provide appropriate guidance as to each indi17 vidual plan; 

18 (2) improve coordination among airports, air 

19 carriers, U.S. Customs and Border Protection, the 

20 Centers for Disease Control and Prevention, other ap21 propriate Federal entities, and State and local gov22 ernments or health agencies on developing policies 

23 that increase the effectiveness of screening, quaran24 tining, and contact-tracing with respect to inbound 

25 international passengers; 
1871 

•HR 925 EAH 

1 (3) ensure that at-risk employees are equipped 

2 with appropriate personal protective equipment to re3 duce the likelihood of exposure to pathogens in the 

4 event of a pandemic; 

5 (4) ensure aircraft and enclosed facilities owned, 

6 operated, or used by an air carrier or airport are 

7 cleaned, disinfected, and sanitized frequently in ac8 cordance with Centers for Disease Control and Pre9 vention guidance; and 

10 (5) incorporate all elements referenced in the rec11 ommendation of the Comptroller General of the 

12 United States to the Secretary of Transportation con13 tained in the report titled ‘‘Air Travel and Commu14 nicable Diseases: Comprehensive Federal Plan Needed 

15 for U.S. Aviation System’s Preparedness’’ issued in 

16 December 2015 (GAO–16–127). 

17 (c) CONSULTATION.—When developing a plan under 

18 subsection (a), the Secretary of Transportation shall consult 

19 with aviation industry and labor stakeholders, including 

20 representatives of— 

21 (1) air carriers; 

22 (2) small, medium, and large hub airports; 

23 (3) labor organizations that represent airline pi24 lots, flight attendants, air carrier airport customer 
1872 

•HR 925 EAH 

1 service representatives, and air carrier maintenance, 

2 repair, and overhaul workers; 

3 (4) the labor organization certified under section 

4 7111 of title 5, United States Code, as the exclusive 

5 bargaining representative of air traffic controllers of 

6 the Federal Aviation Administration; 

7 (5) the labor organization certified under such 

8 section as the exclusive bargaining representative of 

9 airway transportation systems specialists and avia10 tion safety inspectors of the Federal Aviation Admin11 istration; and 

12 (6) such other stakeholders as the Secretary con13 siders appropriate. 

14 (d) REPORT.—Not later than 30 days after the plan 

15 is developed under subsection (a), the Secretary shall submit 

16 to the appropriate committees of Congress such plan. 

17 (e) DEFINITION OF AT-RISK EMPLOYEES.—In this sec18 tion, the term ‘‘at-risk employees’’ means— 

19 (1) individuals whose job duties require inter20 action with air carrier passengers on a regular and 

21 continuing basis that are employees of— 

22 (A) air carriers; 

23 (B) air carrier contractors; 

24 (C) airports; and 

25 (D) Federal departments or agencies; and 
1873 

•HR 925 EAH 

1 (2) air traffic controllers and systems safety spe2 cialists of the Federal Aviation Administration. 

3 TITLE II—FEDERAL EMERGENCY 

4 MANAGEMENT AGENCY 

5 SEC. 201. COST SHARE. 

6 (a) TEMPORARY FEDERAL SHARE.—Notwithstanding 

7 sections 403(b), 403(c)(4), 404(a), 406(b), 408(d), 

8 408(g)(2), 428(e)(2)(B), and 503(a) of the Robert T. Staf9 ford Disaster Relief and Emergency Assistance Act (42 

10 U.S.C. 5121 et seq.), for any emergency or major disaster 

11 declared by the President under such Act during the period 

12 beginning on January 1, 2020 and ending on December 31, 

13 2020, the Federal share of assistance provided under such 

14 sections shall be not less than 90 percent of the eligible cost 

15 of such assistance. 

16 (b) COST SHARE UNDER COVID EMERGENCY DEC17 LARATION.—Notwithstanding subsection (a), assistance 

18 provided under the emergency declaration issued by the 

19 President on March 13, 2020, pursuant to section 501(b) 

20 of the Robert T. Stafford Disaster Relief and Emergency 

21 Assistance Act (42 U.S.C. 5191(b)), and under any subse22 quent major disaster declaration under section 401 of such 

23 Act (42 U.S.C. 5170) that supersedes such emergency dec24 laration, shall be at a 100 percent Federal cost share. 
1874 

•HR 925 EAH 

1 SEC. 202. CLARIFICATION OF ASSISTANCE. 

2 (a) IN GENERAL.—For the emergency declared on 

3 March 13, 2020 by the President under section 501 of the 

4 Robert T. Stafford Disaster Relief and Emergency Assist5 ance Act (42 U.S.C. 5191), the President may provide as6 sistance for activities, costs, and purchases of States, Indian 

7 tribal governments, or local governments, including— 

8 (1) activities eligible for assistance under sec9 tions 301, 415, 416, and 426 of the Robert T. Stafford 

10 Disaster Relief and Emergency Assistance Act (42 

11 U.S.C. 5141, 5182, 5183, 5189d); 

12 (2) backfill costs for first responders and other 

13 essential employees who are ill or quarantined; 

14 (3) increased operating costs for essential govern15 ment services due to such emergency, including costs 

16 for implementing continuity plans, and sheltering or 

17 housing for first responders, emergency managers, 

18 health providers and other essential employees; 

19 (4) costs of providing guidance and information 

20 to the public and for call centers to disseminate such 

21 guidance and information, including private non22 profit organizations; 

23 (5) costs associated with establishing and oper24 ating virtual services; 
1875 

•HR 925 EAH 

1 (6) costs for establishing and operating remote 

2 test sites, including comprehensive community based 

3 testing; 

4 (7) training provided specifically in anticipation 

5 of or in response to the event on which such emer6 gency declaration is predicated; 

7 (8) personal protective equipment and other crit8 ical supplies and services for first responders and 

9 other essential employees, including individuals work10 ing in public schools, courthouses, and public transit 

11 systems; 

12 (9) medical equipment, regardless of whether 

13 such equipment is used for emergency or inpatient 

14 care; 

15 (10) public health costs, including provision and 

16 distribution of medicine and medical supplies; 

17 (11) costs associated with maintaining alternate 

18 care facilities or related facilities currently inactive 

19 but related to future needs tied to the ongoing pan20 demic event; 

21 (12) costs of establishing and operating shelters 

22 and providing services, including transportation, that 

23 help alleviate the need of individuals for shelter; and 

24 (13) costs, including costs incurred by private 

25 nonprofit organizations, of procuring and distrib-
1876 

•HR 925 EAH 

1 uting food to individuals affected by the pandemic 

2 through networks established by State, local, or Tribal 

3 governments, or other organizations, including res4 taurants and farms, and for the purchase of food di5 rectly from food producers and farmers. 

6 (b) APPLICATION TO SUBSEQUENT MAJOR DIS7 ASTER.—The activities described in subsection (a) may also 

8 be eligible for assistance under any major disaster declared 

9 by the President under section 401 of such Act (42 U.S.C. 

10 5170) that supersedes the emergency declaration described 

11 in such subsection. 

12 (c) FINANCIAL ASSISTANCE FOR FUNERAL EX13 PENSES.—For any emergency or major disaster described 

14 in subsection (a) or (b), the President shall provide finan15 cial assistance to an individual or household to meet dis16 aster-related funeral expenses under section 408(e)(1) of 

17 such Act (42 U.S.C. 5174(e)). 

18 (d) ADVANCED ASSISTANCE.— 

19 (1) IN GENERAL.—In order to facilitate activities 

20 under this section, the President, acting through the Admin21 istrator of the Federal Emergency Management Agency, 

22 may provide assistance in advance to an eligible applicant 

23 if a failure to do so would prevent the applicant from car24 rying out such activities. 
1877 

•HR 925 EAH 

1 (2) ANNUAL REPORT.—The Administrator shall sub2 mit to the Committee on Transportation and Infrastructure 

3 of the House of Representatives and the Committee on 

4 Homeland Security and Governmental Affairs of the Senate 

5 a report on assistance provided in advance pursuant to 

6 paragraph (1). 

7 (e) RULE OF CONSTRUCTION.—Nothing in this section 

8 shall be construed to make ineligible any assistance that 

9 would otherwise be eligible under section 403, 408, or 502 

10 of such Act (42 U.S.C. 5170b, 5192). 

11 (f) STATE; INDIAN TRIBAL GOVERNMENT; LOCAL GOV12 ERNMENT DEFINED.—In this section, the terms ‘‘State’’, 

13 ‘‘Indian tribal government’’, and ‘‘local government’’ have 

14 the meanings given such terms in section 102 of the Robert 

15 T. Stafford Disaster Relief and Emergency Assistance Act 

16 (42 U.S.C. 5122). 

17 SEC. 203. HAZARD MITIGATION APPROVAL. 

18 For all States or Indian tribal governments, as such 

19 terms are defined in section 102 of the Robert T. Stafford 

20 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

21 5122), receiving an emergency declaration on March 13, 

22 2020 by the President under section 501 of the Robert T. 

23 Stafford Disaster Relief and Emergency Assistance Act (42 

24 U.S.C. 5191), and a major disaster declared by the Presi25 dent under section 401 of such Act (42 U.S.C. 5170) that 
1878 

•HR 925 EAH 

1 supersedes such emergency declaration, the President shall 

2 approve the availability of hazard mitigation assistance 

3 pursuant to section 404 of the Robert T. Stafford Disaster 

4 Relief and Emergency Assistance Act (42 U.S.C. 5170c) as 

5 part of such major disaster declarations, if requested, and 

6 the President may contribute up to 100 percent of hazard 

7 mitigation measures authorized under section 404(a) of 

8 such Act. 

9 TITLE III—OTHER MATTERS 

10 SEC. 301. REQUIREMENTS FOR OWNERS AND OPERATORS 

11 OF EQUIPMENT OR FACILITIES USED BY PAS12 SENGER OR FREIGHT TRANSPORTATION EM13 PLOYERS. 

14 (a) DEFINITIONS.—In this section: 

15 (1) AT-RISK EMPLOYEE.—The term ‘‘at-risk em16 ployee’’ means an employee (including a Federal em17 ployee) or contractor of a passenger or freight trans18 portation employer— 

19 (A) whose job responsibilities involve inter20 action with— 

21 (i) passengers; 

22 (ii) the public; or 

23 (iii) coworkers who interact with the 

24 public; 
1879 

•HR 925 EAH 

1 (B) who handles items which are handled or 

2 will be handled by the public; or 

3 (C) who works in locations where social 

4 distancing and other preventative measures with 

5 respect to the Coronavirus Disease 2019 

6 (COVID–19) are not possible. 

7 (2) PASSENGER OR FREIGHT TRANSPORTATION

8 EMPLOYER.—The term ‘‘passenger or freight transpor9 tation employer’’ includes— 

10 (A) the owner, charterer, managing oper11 ator, master, or other individual in charge of a 

12 passenger vessel (as defined in section 2101 of 

13 title 46, United States Code); 

14 (B) an air carrier (as defined in section 

15 40102 of title 49, United States Code); 

16 (C) a commuter authority (as defined in 

17 section 24102 of title 49, United State Code); 

18 (D) an entity that provides intercity rail 

19 passenger transportation (as defined in section 

20 24102 of title 49, United States Code); 

21 (E) a rail carrier (as defined in section 

22 10102 of title 49, United States Code); 

23 (F) a regional transportation authority (as 

24 defined in section 24102 of title 49, United 

25 States Code); 
1880 

•HR 925 EAH 

1 (G) a provider of public transportation (as 

2 defined in section 5302 of title 49, United States 

3 Code); 

4 (H) a provider of motorcoach services (as 

5 defined in section 32702 of the Motorcoach En6 hanced Safety Act of 2012 (49 U.S.C. 31136 

7 note; Public Law 112–141)); 

8 (I) a motor carrier that owns or operates 

9 more than 100 motor vehicles (as those terms are 

10 defined in section 390.5 of title 49, Code of Fed11 eral Regulations (or successor regulations)); 

12 (J) a sponsor, owner, or operator of a pub13 lic-use airport (as defined in section 47102 of 

14 title 49, United States Code); 

15 (K) a marine terminal operator (as defined 

16 in section 40102 of title 46, United States Code) 

17 and the relevant authority or operator of a port 

18 or harbor; 

19 (L) the Transportation Security Adminis20 tration, exclusively with respect to Transpor21 tation Security Officers; and 

22 (M) a marine terminal operator (as defined 

23 in section 40102 of title 46, United States Code) 

24 and the relevant authority or operator of a port 

25 or harbor, or any other employer of individuals 
1881 

•HR 925 EAH 

1 covered under section 2(3) of the Longshore and 

2 Harbor Workers’ Compensation Act (33 U.S.C. 

3 902(3)). 

4 (b) REQUIREMENTS.—For the purposes of responding 

5 to, or for purposes relating to operations during the na6 tional emergency declared by the President under the Na7 tional Emergencies Act (50 U.S.C. 1601 et seq.) related to 

8 the pandemic of SARS–4CoV–2 or coronavirus disease 2019 

9 (COVID–19), the Secretary shall require— 

10 (1) the owners or operators of equipment, sta11 tions, or facilities used by passenger or freight trans12 portation employers, as applicable— 

13 (A) to clean, disinfect, and sanitize, in ac14 cordance with guidance issued by the Centers for 

15 Disease Control and Prevention or the safety 

16 alert for operators issued by the Federal Aviation 

17 Administration on May 11, 2020, numbered 

18 SAFO 20009 (including any similar successor 

19 safety alert or applicable guidance), the equip20 ment and facilities, including, as applicable— 

21 (i) buses and transit vehicles; 

22 (ii) commercial motor vehicles; 

23 (iii) freight and passenger rail loco24 motives; 

25 (iv) freight and passenger rail cars; 
1882 

•HR 925 EAH 

1 (v) vessels; 

2 (vi) airports; 

3 (vii) fleet vehicles used for the trans4 portation of workers to job sites; 

5 (viii) aircraft, including the cockpit 

6 and the cabin; and 

7 (ix) other equipment and facilities; 

8 (B) to ensure that stations and facilities, 

9 including enclosed facilities, owned, operated, 

10 and used by passenger or freight transportation 

11 employers, including facilities used for employee 

12 training or the performance of indoor or outdoor 

13 maintenance, repair, or overhaul work, are dis14 infected and sanitized frequently in accordance 

15 with guidance issued by the Centers for Disease 

16 Control and Prevention or the safety alert for op17 erators issued by the Federal Aviation Adminis18 tration on May 11, 2020, numbered SAFO 

19 20009 (including any similar successor safety 

20 alert or applicable guidance); 

21 (C) to provide to at-risk employees— 

22 (i) masks or protective face coverings; 

23 (ii) gloves; 

24 (iii) hand sanitizer; 
1883 

•HR 925 EAH 

1 (iv) sanitizing wipes with sufficient al2 cohol content; and 

3 (v) training on the proper use of per4 sonal protective equipment and sanitizing 

5 equipment; 

6 (D) to ensure that employees whose job re7 sponsibilities include the cleaning, disinfecting, 

8 or sanitizing described in subparagraph (A) or 

9 (B) are provided— 

10 (i) masks or protective face coverings; 

11 (ii) gloves; 

12 (iii) hand sanitizer; and 

13 (iv) sanitizing wipes with sufficient al14 cohol content; 

15 (E) to establish guidelines, or adhere to any 

16 existing applicable guidelines, including the safe17 ty alert for operators issued by the Federal Avia18 tion Administration on May 11, 2020, numbered 

19 SAFO 20009 (including any similar successor 

20 safety alert or applicable guidance), for notifying 

21 an employee of the owner or operator of a con22 firmed diagnosis of the Coronavirus Disease 

23 2019 (COVID–19) with respect to any other em24 ployee of the owner or operator with whom the 

25 notified employee had physical contact or a 
1884 

•HR 925 EAH 

1 physical interaction during the 48-hour period 

2 preceding the time at which the diagnosed em3 ployee developed symptoms; 

4 (F) to require the wearing of masks or pro5 tective face coverings, subject to the requirements 

6 of the Americans with Disabilities Act of 1990 

7 (42 U.S.C. 12101 et seq.), section 41705 of title 

8 49, United States Code, (commonly known as the 

9 ‘‘Air Carrier Access Act of 1986’’), and section 

10 501 of the Rehabilitation Act of 1973 (29 U.S.C. 

11 791), as applicable, by— 

12 (i) passengers traveling on transpor13 tation provided by a passenger or freight 

14 transportation employer; and 

15 (ii) employees of passenger or freight 

16 transportation employers when— 

17 (I) interacting with passengers, 

18 the public, or coworkers who interact 

19 with the public; or 

20 (II) working in locations where 

21 social distancing and other preventa22 tive measures with respect to the 

23 Coronavirus Disease 2019 (COVID–19) 

24 are not possible; 
1885 

•HR 925 EAH 

1 (G) to require each flight crew member to 

2 wear a mask or protective face covering while on 

3 board an aircraft and outside the flight deck; 

4 and 

5 (H) ensure that each contractor of an owner 

6 or operator identified under this paragraph pro7 vides masks or protective face coverings, gloves, 

8 hand sanitizer, and sanitizing wipes with suffi9 cient alcohol content, to employees of such con10 tractor whose job responsibilities include the 

11 cleaning, disinfecting, or sanitizing described in 

12 subparagraph (A) or (B); and 

13 (2) an air carrier to submit to the Administrator 

14 of the Federal Aviation Administration a proposal to 

15 permit flight crew members to wear masks or protec16 tive face coverings in the flight deck, including a safe17 ty risk assessment with respect to that proposal. 

18 (c) MARKET UNAVAILABILITY OF NECESSARY

19 ITEMS.— 

20 (1) NOTICE OF MARKET UNAVAILABILITY.— 

21 (A) IN GENERAL.—If an owner or operator 

22 described in paragraph (1) of subsection (b) is 

23 unable to acquire 1 or more items necessary to 

24 comply with the requirements prescribed under 
1886 

•HR 925 EAH 

1 that paragraph due to market unavailability of 

2 the items, the owner or operator shall— 

3 (i) not later than 7 days after the date 

4 on which the owner or operator is unable to 

5 acquire each applicable item, submit to the 

6 Secretary a written notice explaining the ef7 forts made and obstacles faced by the owner 

8 or operator to acquire that item; and 

9 (ii) continue making efforts to acquire 

10 that item until the item is acquired. 

11 (B) UPDATED NOTICE WITH RESPECT TO

12 THE SAME ITEM.—If an owner or operator is 

13 unable to acquire an item described in a notice 

14 submitted under subparagraph (A) by the date 

15 described in paragraph (4)(B)(ii) with respect to 

16 the notice, the owner or operator may submit an 

17 updated notice with respect to that item. 

18 (2) REASONABLE EFFORT DETERMINATION.— 

19 With respect to each notice submitted under para20 graph (1), the Secretary shall determine whether the 

21 owner or operator submitting the notice has made 

22 reasonable efforts to acquire the item described in the 

23 notice. 

24 (3) NOTICE OF COMPLIANCE.—Not later than 7 

25 days after the date on which an owner or operator ac-
1887 

•HR 925 EAH 

1 quires an item described in a notice submitted by that 

2 owner or operator under paragraph (1) in a quantity 

3 sufficient to comply with the requirements prescribed 

4 under subsection (b)(1), the owner or operator shall 

5 submit to the Secretary a written notice of compli6 ance with those requirements. 

7 (4) LISTS OF OWNERS AND OPERATORS MAKING

8 REASONABLE EFFORTS TO ACQUIRE UNAVAILABLE

9 ITEMS.— 

10 (A) IN GENERAL.—The Secretary shall pub11 lish on a public website of the Department of 

12 Transportation a list that, with respect to each 

13 notice submitted to the Secretary under para14 graph (1) for which the Secretary has made a 

15 positive determination under paragraph (2)— 

16 (i) identifies the owner or operator 

17 that submitted the notice; 

18 (ii) identifies the item that the owner 

19 or operator was unable to acquire; and 

20 (iii) describes the reasonable efforts 

21 made by the owner or operator to acquire 

22 that item. 

23 (B) REMOVAL FROM LIST.—The Secretary 

24 shall remove each entry on the list described in 

25 subparagraph (A) on the earlier of— 
1888 

•HR 925 EAH 

1 (i) the date on which the applicable 

2 owner or operator submits to the Secretary 

3 a notice of compliance under paragraph (3) 

4 with respect to the item that is the subject 

5 of the entry; and 

6 (ii) the date that is 90 days after the 

7 date on which the entry was added to the 

8 list. 

9 (d) PROTECTION OF CERTAIN FEDERAL AVIATION AD10 MINISTRATION EMPLOYEES.— 

11 (1) IN GENERAL.—For the purposes of respond12 ing to, or for purposes relating to operations during 

13 the national emergency declared by the President 

14 under the National Emergencies Act (50 U.S.C. 1601 

15 et seq.) related to the pandemic of SARS–4CoV–2 or 

16 coronavirus disease 2019 (COVID–19), in order to 

17 maintain the safe and efficient operation of the air 

18 traffic control system, the Administrator of the Fed19 eral Aviation Administration shall— 

20 (A) provide any air traffic controller and 

21 airway transportation systems specialist of the 

22 Federal Aviation Administration with masks or 

23 protective face coverings, gloves, and hand sani24 tizer and wipes of sufficient alcohol content, and 
1889 

•HR 925 EAH 

1 provide training on the proper use of personal 

2 protective equipment and sanitizing equipment; 

3 (B) ensure that each air traffic control fa4 cility is cleaned, disinfected, and sanitized fre5 quently in accordance with Centers for Disease 

6 Control and Prevention guidance; and 

7 (C) provide any employee of the Federal 

8 Aviation Administration whose job responsibil9 ities involve cleaning, disinfecting, and sani10 tizing a facility described in subparagraph (B) 

11 with masks or protective face coverings and 

12 gloves, and ensure that each contractor of the 

13 Federal Aviation Administration provides any 

14 employee of the contractor with those materials. 

15 (2) SOURCE OF EQUIPMENT.—The items de16 scribed in paragraph (1)(A) may be procured or pro17 vided under that paragraph through any source 

18 available to the Administrator of the Federal Aviation 

19 Administration. 

20 SEC. 302. PROPERTY DISPOSITION FOR AFFORDABLE HOUS21 ING. 

22 Section 5334(h)(1) of title 49, United States Code, is 

23 amended to read as follows: 

24 ‘‘(1) IN GENERAL.—If a recipient of assistance 

25 under this chapter decides an asset acquired under 
1890 

•HR 925 EAH 

1 this chapter at least in part with that assistance is 

2 no longer needed for the purpose for which such asset 

3 was acquired, the Secretary may authorize the recipi4 ent to transfer such asset to— 

5 ‘‘(A) a local governmental authority to be 

6 used for a public purpose with no further obliga7 tion to the Government if the Secretary de8 cides— 

9 ‘‘(i) the asset will remain in public use 

10 for at least 5 years after the date the asset 

11 is transferred; 

12 ‘‘(ii) there is no purpose eligible for as13 sistance under this chapter for which the 

14 asset should be used; 

15 ‘‘(iii) the overall benefit of allowing the 

16 transfer is greater than the interest of the 

17 Government in liquidation and return of 

18 the financial interest of the Government in 

19 the asset, after considering fair market 

20 value and other factors; and 

21 ‘‘(iv) through an appropriate screening 

22 or survey process, that there is no interest 

23 in acquiring the asset for Government use if 

24 the asset is a facility or land; or 
1891 

•HR 925 EAH 

1 ‘‘(B) a local governmental authority, non2 profit organization, or other third party entity 

3 to be used for the purpose of transit-oriented de4 velopment with no further obligation to the Gov5 ernment if the Secretary decides— 

6 ‘‘(i) the asset is a necessary component 

7 of a proposed transit-oriented development 

8 project; 

9 ‘‘(ii) the transit-oriented development 

10 project will increase transit ridership; 

11 ‘‘(iii) at least 40 percent of the housing 

12 units offered in the transit-oriented develop13 ment , including housing units owned by 

14 nongovernmental entities, are legally bind15 ing affordability restricted to tenants with 

16 incomes at or below 60 percent of the area 

17 median income and/or owners with incomes 

18 at or below 60 percent the area median in19 come; 

20 ‘‘(iv) the asset will remain in use as 

21 described in this section for at least 30 

22 years after the date the asset is transferred; 

23 and 

24 ‘‘(v) with respect to a transfer to a 

25 third party entity— 
1892 

•HR 925 EAH 

1 ‘‘(I) a local government authority 

2 or nonprofit organization is unable to 

3 receive the property; 

4 ‘‘(II) the overall benefit of allow5 ing the transfer is greater than the in6 terest of the Government in liquidation 

7 and return of the financial interest of 

8 the Government in the asset, after con9 sidering fair market value and other 

10 factors; and 

11 ‘‘(III) the third party has dem12 onstrated a satisfactory history of con13 struction or operating an affordable 

14 housing development.’’. 

15 SEC. 303. TREATMENT OF PAYMENTS FROM THE RAILROAD 

16 UNEMPLOYMENT INSURANCE ACCOUNT. 

17 (a) IN GENERAL.—Section 256(i)(1) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985 (2 

19 U.S.C. 906(i)(1)) is amended— 

20 (1) in subparagraph (B), by striking ‘‘and’’ at 

21 the end; 

22 (2) in subparagraph (C), by inserting ‘‘and’’ at 

23 the end; and 

24 (3) by inserting after subparagraph (C) the fol25 lowing new subparagraph: 
1893 

•HR 925 EAH 

1 ‘‘(D) any payment made from the Railroad Un2 employment Insurance Account (established by section 

3 10 of the Railroad Unemployment Insurance Act) for 

4 the purpose of carrying out the Railroad Unemploy5 ment Insurance Act, and funds appropriated or 

6 transferred to or otherwise deposited in such Ac7 count,’’. 

8 (b) EFFECTIVE DATE.—The treatment of payments 

9 made from the Railroad Unemployment Insurance Account 

10 pursuant to the amendment made by subsection (a) shall 

11 take effect 7 days after the date of enactment of this Act 

12 and shall apply only to obligations incurred on or after 

13 such effective date for such payments. 

14 SEC. 304. CLARIFICATION OF OVERSIGHT AND IMPLEMEN15 TATION OF RELIEF FOR WORKERS AFFECTED 

16 BY CORONAVIRUS ACT. 

17 (a) AUDITS, INVESTIGATIONS, AND OVERSIGHT.—Not18 withstanding section 2115 of the Relief for Workers Affected 

19 by Coronavirus Act (subtitle A of title II of division A of 

20 Public Law 116–136), the authority of the Inspector Gen21 eral of the Department of Labor to carry out audits, inves22 tigations, and other oversight activities that are related to 

23 the provisions of such Act shall not extend to any activities 

24 related to sections 2112, 2113, or 2114 of such Act. Such 
1894 

•HR 925 EAH 

1 authority with respect to such sections shall belong to the 

2 Inspector General of the Railroad Retirement Board. 

3 (b) OPERATING INSTRUCTIONS OR OTHER GUID4 ANCE.—Notwithstanding section 2116(b) of the Relief for 

5 Workers Affected by Coronavirus Act (subtitle A of title II 

6 of division A of Public Law 116–136), the authority of the 

7 Secretary of Labor to issue any operating instructions or 

8 other guidance necessary to carry out the provisions of such 

9 Act shall not extend to any activities related to sections 

10 2112, 2113, or 2114 of such Act. Such authority with re11 spect to such sections shall belong to the Railroad Retire12 ment Board. 

13 SEC. 305. EXTENSION OF WAIVER OF THE 7-DAY WAITING 

14 PERIOD FOR BENEFITS UNDER THE RAIL15 ROAD UNEMPLOYMENT INSURANCE ACT. 

16 (a) IN GENERAL.—Section 2112(a) of the CARES Act 

17 (15 U.S.C. 9030) is amended by striking ‘‘December 31, 

18 2020’’ and inserting ‘‘January 31, 2021’’. 

19 (b) OPERATING INSTRUCTIONS AND REGULATIONS.— 

20 The Railroad Retirement Board may prescribe any oper21 ating instructions or regulations necessary to carry out this 

22 section. 

23 (c) CLARIFICATION ON AUTHORITY TO USE FUNDS.— 

24 Funds appropriated under section 2112(c) of the CARES 

25 Act shall be available to cover the cost of additional benefits 
1895 

•HR 925 EAH 

1 payable due to section 2112(a) of the CARES Act by reason 

2 of the amendments made by subsection (a) as well as to 

3 cover the cost of such benefits payable due to section 2112(a) 

4 of the CARES Act as in effect on the day before the date 

5 of enactment of this Act. 

6 SEC. 306. EXTENDED UNEMPLOYMENT BENEFITS UNDER 

7 THE RAILROAD UNEMPLOYMENT INSURANCE 

8 ACT. 

9 (a) IN GENERAL.—Section 2(c)(2)(D)(iii) of the Rail10 road Unemployment Insurance Act (45 U.S.C. 

11 352(c)(2)(D)(iii) is amended— 

12 (1) by striking ‘‘June 30, 2020’’ and inserting 

13 ‘‘June 30, 2021’’; and 

14 (2) by striking ‘‘no extended benefit period under 

15 this paragraph shall begin after December 31, 2020’’ 

16 and inserting ‘‘the provisions of clauses (i) and (ii) 

17 shall not apply to any employee with respect to any 

18 registration period beginning on or after February 1, 

19 2021’’. 

20 (b) CLARIFICATION ON AUTHORITY TO USE FUND.— 

21 Funds appropriated under either the first or second sen22 tence of clause (iv) of section 2(c)(2)(D) of the Railroad Un23 employment Insurance Act shall be available to cover the 

24 cost of additional extended unemployment benefits provided 

25 under such section 2(c)(2)(D) by reason of the amendments 
1896 

•HR 925 EAH 

1 made by subsection (a) as well as to cover the cost of such 

2 benefits provided under such section 2(c)(2)(D) as in effect 

3 on the day before the date of enactment of this Act. 

4 SEC. 307. ADDITIONAL ENHANCED BENEFITS UNDER THE 

5 RAILROAD UNEMPLOYMENT INSURANCE ACT. 

6 (a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad 

7 Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A) is 

8 amended— 

9 (1) by inserting ‘‘for registration periods begin10 ning on or after September 6, 2020, but on or before 

11 January 31, 2021, and for any registration periods 

12 during a period of continuing unemployment which 

13 began on or before January 31, 2021,’’ after ‘‘July 31, 

14 2020,’’; 

15 (2) by striking ‘‘July 1, 2019’’ and inserting 

16 ‘‘July 1, 2019, or July 1, 2020’’; and 

17 (3) by adding at the end ‘‘No recovery benefit 

18 under this section shall be payable for any registra19 tion period beginning on or after April 1, 2021. For 

20 registration periods beginning on or after February 1, 

21 2021, a recovery benefit under this section shall only 

22 be payable to a qualified employee with respect to any 

23 registration period in which the employee received 

24 normal unemployment benefits as defined in para25 graph (c)(1), but shall not be payable to a qualified 
1897 

•HR 925 EAH 

1 employee who did not receive unemployment benefits 

2 or who received extended benefits as defined in para3 graph (c)(2) for such registration period.’’ 

4 (b) ADDITIONAL APPROPRIATIONS.—Section 

5 2(a)(5)(B) of the Railroad Unemployment Insurance Act 

6 (45 U.S.C. 352(a)(5)(B) is amended by adding at the end 

7 the following: 

8 ‘‘In addition to the amount appropriated by the pre9 ceding sentence, out of any funds in the Treasury not other10 wise appropriated, there are appropriated $300,000,000 to 

11 cover the cost of recovery benefits provided under subpara12 graph (A), to remain available until expended.’’. 

13 (c) DISREGARD OF RECOVERY BENEFITS FOR PUR14 POSES OF ALL FEDERAL AND FEDERALLY ASSISTED PRO15 GRAMS.—Section 2(a)(5) of the Railroad Unemployment 

16 Insurance Act (45 U.S.C. 352(a)(5)) is amended by adding 

17 at the end the following: 

18 ‘‘(C) A recovery benefit payable under subparagraph 

19 (A) shall not be regarded as income and shall not be re20 garded as a resource for the month of receipt and the fol21 lowing 9 months, for purposes of determining the eligibility 

22 of the recipient (or the recipient’s spouse or family) for ben23 efits or assistance, or the amount or extent of benefits or 

24 assistance, under any Federal program or under any State 
1898 

•HR 925 EAH 

1 or local program financed in whole or in part with Federal 

2 funds.’’. 

3 (d) CLARIFICATION ON AUTHORITY TO USE FUNDS.— 

4 Funds appropriated under either the first or second sen5 tence of subparagraph (B) of section 2(a)(5) of the Railroad 

6 Unemployment Insurance Act shall be available to cover the 

7 cost of recovery benefits provided under such section 2(a)(5) 

8 by reason of the amendments made by subsection (a) as well 

9 as to cover the cost of such benefits provided under such 

10 section 2(a)(5) as in effect on the day before the date of 

11 enactment of this Act. 

12 SEC. 308. OFFICE OF DISASTER RECOVERY. 

13 (a) IN GENERAL.—Title V of the Public Works and 

14 Economic Development Act of 1965 (42 U.S.C. 3191 et seq.) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 508. OFFICE OF DISASTER RECOVERY. 

17 ‘‘(a) IN GENERAL.—The Secretary shall create an Of18 fice of Disaster Recovery to direct and implement the Agen19 cy’s post-disaster economic recovery responsibilities pursu20 ant to sections 209(c)(2) and 703. 

21 ‘‘(b) AUTHORIZATION.—The Secretary is authorized to 

22 appoint and fix the compensation of such temporary per23 sonnel as may be necessary to implement disaster recovery 

24 measures, without regard to the provisions of title 5, United 

25 States Code, governing appointments in the competitive 
1899 

•HR 925 EAH 

1 service. The Secretary is authorized to appoint such tem2 porary personnel, after serving continuously for 2 years, to 

3 positions in the Economic Development Administration in 

4 the same manner that competitive service employees with 

5 competitive status are considered for transfer, reassignment, 

6 or promotion to such positions. An individual appointed 

7 under the preceding sentence shall become a career-condi8 tional employee, unless the employee has already completed 

9 the service requirements for career tenure.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents for 

11 the Public Works and Economic Development Act of 1965 

12 is amended by inserting after the item relating to section 

13 507 the following new item: 

‘‘508. Office of Disaster Recovery.’’. 

14 SEC. 309. GRADUATION REQUIREMENTS FOR THE UNITED 

15 STATES MERCHANT MARINE ACADEMY AND 

16 STATE MARITIME ACADEMIES. 

17 (a) UNITED STATES MERCHANT MARINE ACADEMY.— 

18 (1) Notwithstanding section 51309(a)(1)(B) of 

19 title 46, United States Code, and subject to such terms 

20 and conditions as set forth in this subsection and 

21 other conditions as the Secretary may determine, the 

22 Superintendent of the United States Merchant Marine 

23 Academy may confer degrees on individuals scheduled 

24 to receive such degrees from the United States Mer25 chant Marine Academy in calendar year 2020. 
1900 

•HR 925 EAH 

1 (2) With respect to an individual described in 

2 paragraph (1), the Secretary of Transportation 

3 may— 

4 (A) defer until not later than December 31, 

5 2021, the requirements of section 51306(a)(2) of 

6 title 46, United States Code, and relevant regula7 tions; 

8 (B) defer until not later than December 31, 

9 2021, and modify as necessary, requirements 

10 under paragraphs (3) through (5) of section 

11 51306(a) of title 46, United States Code, and rel12 evant regulations; and 

13 (C) conditionally waive requirements under 

14 paragraphs (2) through (5) of section 51306(a) 

15 of title 46, United States Code, and relevant reg16 ulations, for an individual who— 

17 (i) within 3 months of receiving a de18 gree has accepted a commission as an offi19 cer on active duty in an armed force of the 

20 United States or a commission as an officer 

21 of the National Oceanic and Atmospheric 

22 Administration or the Public Health Serv23 ice, pursuant to section 51306(e) of title 46, 

24 United States Code; and 
1901 

•HR 925 EAH 

1 (ii) serves for the 5-year period fol2 lowing commissioning as an officer on ac3 tive duty as described in clause (i). 

4 (3) An individual upon whom the United States 

5 Merchant Marine Academy confers a degree pursuant 

6 to paragraph (1) shall— 

7 (A) fulfill the requirements under section 

8 51306(a)(2) of title 46, United States Code, and 

9 relevant regulations, by the date set by the Sec10 retary, which shall be not later than December 

11 31, 2021; or 

12 (B) for the 5-year period following gradua13 tion from the Academy as described in para14 graph (2)(C)(i), serve as a commissioned officer 

15 on active duty in an armed force of the United 

16 States or as a commissioned officer of the Na17 tional Oceanic and Atmospheric Administration 

18 or the Public Health Service, pursuant to section 

19 51306(e) of title 46, United States Code. 

20 (4) If the United States Merchant Marine Acad21 emy confers a degree upon an individual pursuant to 

22 paragraph (1) and the individual fails to comply 

23 with the requirements established by the Secretary, 

24 the Secretary may— 
1902 

•HR 925 EAH 

1 (A) revoke the degree conferred on the indi2 vidual by the United States Merchant Marine 

3 Academy; and 

4 (B) exercise the remedies under section 

5 51306 of title 46, United States Code. 

6 (b) STATE MARITIME ACADEMY.— 

7 (1) Notwithstanding section 51506(a)(3) of title 

8 46, United States Code, and subject to such terms and 

9 conditions as set forth in this subsection and other 

10 conditions as the Secretary may determine, a State 

11 maritime academy may confer degrees upon individ12 uals scheduled to graduate from a State maritime 

13 academy in calendar year 2020. With respect to an 

14 individual who has received student incentive pay15 ments under section 51509 of title 46, United States 

16 Code, and fails to comply with such terms and condi17 tions, the Secretary may exercise the authorities set 

18 forth in paragraphs (3) of this subsection. 

19 (2) For an individual to be eligible to be con20 ferred a degree pursuant to paragraph (1), the State 

21 maritime academy shall require such individual to 

22 pass the examination required for the issuance of a li23 cense under section 7101 of title 46, United States 

24 Code, by December 31, 2021, and such State mari25 time academy shall advise all such individuals who 
1903 

•HR 925 EAH 

1 have not passed the examination prerequisite to 

2 issuance of a license that any degree so awarded is 

3 subject to revocation and such State maritime acad4 emy shall advise any individuals who have not 

5 passed. 

6 (3) The Secretary of Transportation may— 

7 (A) require a State maritime academy, as 

8 a condition of receiving an annual payment 

9 under section 51506(a) of title 46, United States 

10 Code, to report to the Secretary, in a manner de11 termined by the Secretary, on the compliance 

12 with paragraph (2); 

13 (B) withhold payments under section 

14 51506(a) of title 46, United States Code, in an 

15 amount not greater than the fractional amount 

16 of the direct payment that is proportional to the 

17 number of graduates who fail to comply with re18 quirements under paragraph (2) and whose de19 grees have not been revoked by the State mari20 time academy and the total number of individ21 uals graduating from such State maritime acad22 emy in calendar year 2020; and 

23 (C) reduce the amount of direct payments 

24 withheld under subparagraph (B) below the max25 imum amount authorized. 
1904 

•HR 925 EAH 

1 (4) For an individual graduating from a State 

2 maritime academy in calendar year 2020 who has re3 ceived student incentive payments under section 

4 51509 of title 46, United States Code, the Secretary 

5 of Transportation may— 

6 (A) defer until not later than December 31, 

7 2021, the requirements under sections 

8 51509(d)(2) of title 46, United States Code, and 

9 relevant regulations; 

10 (B) defer until not later than December 31, 

11 2021, and modify as necessary as determined by 

12 the Secretary, the requirements under para13 graphs (3) through (5) of section 51509(d) of 

14 title 46, United States Code, and relevant regula15 tions; and 

16 (C) conditionally waive requirements under 

17 paragraphs (2) through (5) of section 51509(d) 

18 of title 46, United States Code, and relevant reg19 ulations, for an individual who— 

20 (i) within 3 months of graduation is 

21 commissioned as an officer on active duty 

22 in an armed force of the United States or 

23 as a commissioned officer of the National 

24 Oceanic and Atmospheric Administration 

25 or the Public Health Service, pursuant to 
1905 

•HR 925 EAH 

1 section 51509(h) of title 46, United States 

2 Code; and 

3 (ii) serves for the 5-year period fol4 lowing commissioning as an officer on ac5 tive duty as provided for in clause (i). 

6 (5) An individual conferred a degree from a 

7 State maritime academy pursuant to paragraph (1) 

8 who has received student incentive payments as pro9 vided for in section 51509 of title 46, United States 

10 Code, shall— 

11 (A) fulfill the requirements under section 

12 51509(d)(2) of title 46, United States Code, and 

13 relevant regulations not later than December 31, 

14 2021; or 

15 (B) for the 5-year period following gradua16 tion from an academy described in paragraph 

17 (4)(C)(ii), serve as a commissioned officer on ac18 tive duty in an armed force of the United States 

19 or as a commissioned officer of the National Oce20 anic and Atmospheric Administration or the 

21 Public Health Service, pursuant to section 

22 51509(h) of title 46, United States Code. 

23 (6) If an individual conferred a degree from a 

24 State maritime academy pursuant to paragraph (1) 

25 fails to comply with the requirements established by 
1906 

•HR 925 EAH 

1 the Secretary, the Secretary may exercise the remedies 

2 under section 51509 of title 46, United States Code. 

3 (c) EXTENSION OF AUTHORIZATION.—The Secretary 

4 may apply the provisions of subsections (a) and (b) to sub5 sequent graduating classes at the United States Merchant 

6 Marine Academy and State maritime academies, and ex7 tend compliance dates applicable to such graduates, if the 

8 Secretary determines it is necessary to respond to the public 

9 health emergency declared by the Secretary of Health and 

10 Human Services issued on January 27, 2020, titled ‘‘Con11 cerning the Novel Coronavirus’’. 

12 SEC. 310. REGULATION OF ANCHORAGE AND MOVEMENT OF 

13 VESSELS DURING NATIONAL EMERGENCY. 

14 Section 70051 of title 46, United States Code, is 

15 amended— 

16 (1) in the section heading by inserting ‘‘or public 

17 health emergency’’ after ‘‘national emergency’’; 

18 (2) by inserting ‘‘or whenever the Secretary of 

19 Health and Human Services determines a public 

20 health emergency exists,’’ after ‘‘international rela21 tions of the United States’’; 

22 (3) by inserting ‘‘or to ensure the safety of vessels 

23 and persons in any port and navigable waterway,’’ 

24 after ‘‘harbor or waters of the United States’’; 
1907 

•HR 925 EAH 

1 (4) by inserting ‘‘or public health emergency,’’ 

2 after ‘‘subversive activity’’; and 

3 (5) by inserting ‘‘or to ensure the safety of vessels 

4 and persons in any port and navigable waterway,’’ 

5 after ‘‘injury to any harbor or waters of the United 

6 States,’’. 

7 DIVISION R—ACCOUNTABILITY 

8 AND GOVERNMENT OPERATIONS 

9 TITLE I—ACCOUNTABILITY 

10 SEC. 101. CONGRESSIONAL NOTIFICATION OF CHANGE IN 

11 STATUS OF INSPECTOR GENERAL. 

12 (a) CHANGE IN STATUS OF INSPECTOR GENERAL OF

13 OFFICES.—Section 3(b) of the Inspector General Act of 

14 1978 (5 U.S.C. App.) is amended— 

15 (1) by inserting ‘‘, is placed on paid or unpaid 

16 non-duty status,’’ after ‘‘is removed from office’’; 

17 (2) by inserting ‘‘, change in status,’’ after ‘‘any 

18 such removal’’; and 

19 (3) by inserting ‘‘, change in status,’’ after ‘‘be20 fore the removal’’. 

21 (b) CHANGE IN STATUS OF INSPECTOR GENERAL OF

22 DESIGNATED FEDERAL ENTITIES.—Section 8G(e)(2) of the 

23 Inspector General Act of 1978 (5 U.S.C. App.) is amend24 ed— 
1908 

•HR 925 EAH 

1 (1) by inserting ‘‘, is placed on paid or unpaid 

2 non-duty status,’’ after ‘‘office’’; 

3 (2) by inserting ‘‘, change in status,’’ after ‘‘any 

4 such removal’’; and 

5 (3) by inserting ‘‘, change in status,’’ after ‘‘be6 fore the removal’’. 

7 (c) EFFECTIVE DATE.—The amendments made by this 

8 section shall take effect 30 days after the date of the enact9 ment of this Act. 

10 SEC. 102. PRESIDENTIAL EXPLANATION OF FAILURE TO 

11 NOMINATE AN INSPECTOR GENERAL. 

12 (a) IN GENERAL.—Subchapter III of chapter 33 of 

13 title 5, United States Code, is amended by inserting after 

14 section 3349d the following new section: 

15 ‘‘§ 3349e. Presidential explanation of failure to nomi16 nate an Inspector General 

17 ‘‘If the President fails to make a formal nomination 

18 for a vacant Inspector General position that requires a for19 mal nomination by the President to be filled within the pe20 riod beginning on the date on which the vacancy occurred 

21 and ending on the day that is 210 days after that date, 

22 the President shall communicate, within 30 days after the 

23 end of such period, to Congress in writing— 

24 ‘‘(1) the reasons why the President has not yet 

25 made a formal nomination; and 
1909 

•HR 925 EAH 

1 ‘‘(2) a target date for making a formal nomina2 tion.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections for 

4 chapter 33 of title 5, United States Code, is amended by 

5 inserting after the item relating to 3349d the following new 

6 item: 

‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’. 

7 (c) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect on the date of the enactment 

9 of this Act and shall apply to any vacancy first occurring 

10 on or after that date. 

11 SEC. 103. INSPECTOR GENERAL INDEPENDENCE. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Inspector General Independence Act’’. 

14 (b) AMENDMENT.—The Inspector General Act of 1978 

15 (5 U.S.C. App.) is amended— 

16 (1) in section 3(b)— 

17 (A) by striking ‘‘An Inspector General’’ and 

18 inserting ‘‘(1) An Inspector General’’; 

19 (B) by inserting after ‘‘by the President’’ 

20 the following: ‘‘in accordance with paragraph 

21 (2)’’; and 

22 (C) by inserting at the end the following 

23 new paragraph: 

24 ‘‘(2) The President may remove an Inspector 

25 General only for any of the following grounds: 
1910 

•HR 925 EAH 

1 ‘‘(A) Permanent incapacity. 

2 ‘‘(B) Inefficiency. 

3 ‘‘(C) Neglect of duty. 

4 ‘‘(D) Malfeasance. 

5 ‘‘(E) Conviction of a felony or conduct in6 volving moral turpitude. 

7 ‘‘(F) Knowing violation of a law, rule, or 

8 regulation. 

9 ‘‘(G) Gross mismanagement. 

10 ‘‘(H) Gross waste of funds. 

11 ‘‘(I) Abuse of authority.’’; and 

12 (2) in section 8G(e)(2), by adding at the end the 

13 following new sentence: ′′An Inspector General may be 

14 removed only for any of the following grounds: 

15 ‘‘(A) Permanent incapacity. 

16 ‘‘(B) Inefficiency. 

17 ‘‘(C) Neglect of duty. 

18 ‘‘(D) Malfeasance. 

19 ‘‘(E) Conviction of a felony or conduct in20 volving moral turpitude. 

21 ‘‘(F) Knowing violation of a law, rule, or 

22 regulation. 

23 ‘‘(G) Gross mismanagement. 

24 ‘‘(H) Gross waste of funds. 

25 ‘‘(I) Abuse of authority.’’. 
1911 

•HR 925 EAH 

1 SEC. 104. USPS INSPECTOR GENERAL OVERSIGHT RESPON2 SIBILITIES. 

3 The Inspector General of the United States Postal 

4 Service shall— 

5 (1) conduct oversight, audits, and investigations 

6 of projects and activities carried out with funds pro7 vided in division A of this Act to the United States 

8 Postal Service; and 

9 (2) not less than 90 days after the Postal Service 

10 commences use of funding provided by division A of 

11 this Act, and annually thereafter, initiate an audit of 

12 the Postal Service’s use of appropriations and bor13 rowing authority provided by any division of this 

14 Act, including the use of funds to cover lost revenues, 

15 costs due to COVID–19, and expenditures, and submit 

16 a copy of such audit to the Committee on Homeland 

17 Security and Governmental Affairs of the Senate, the 

18 Committee on Oversight and Reform of the House of 

19 Representatives, and the Committees on Appropria20 tions of the House of Representatives and the Senate. 

21 TITLE II—CENSUS MATTERS 

22 SEC. 201. MODIFICATION OF 2020 CENSUS DEADLINES AND 

23 TABULATION OF POPULATION. 

24 (a) CENSUS DEADLINE MODIFICATION.—Notwith25 standing the timetables provided in subsections (b) and (c) 

26 of section 141 of title 13, United States Code, and section 
1912 

•HR 925 EAH 

1 22(a) of the Act entitled ‘‘An Act to provide for the fifteenth 

2 and subsequent decennial censuses and to provide for appor3 tionment of Representatives in Congress’’, approved June 

4 18, 1929 (2 U.S.C. 2a(a)), for the 2020 decennial census 

5 of population— 

6 (1) the tabulation of total population by States 

7 required by subsection (a) of such section 141 for the 

8 apportionment of Representatives in Congress among 

9 the several States shall be— 

10 (A) completed and reported by the Secretary 

11 of Commerce (referred to in this section as the 

12 ‘‘Secretary’’) to the President no earlier than one 

13 year after the decennial census date of April 1, 

14 2020, and not later than April 30, 2021; and 

15 (B) made public by the Secretary not later 

16 than the date on which the tabulation is reported 

17 to the President under subparagraph (A); 

18 (2) the President shall transmit to Congress a 

19 statement showing the whole number of persons in 

20 each State, and the number of Representatives to 

21 which each State would be entitled under an appor22 tionment of the then existing number of Representa23 tives, as required by such section 22(a), and deter24 mined solely as described therein, immediately upon 
1913 

•HR 925 EAH 

1 receipt of the tabulation reported by the Secretary; 

2 and 

3 (3) the tabulations of populations required by 

4 subsection (c) of such section 141 shall be completed 

5 by the Secretary as expeditiously as possible after the 

6 census date of April 1, 2020, taking into account the 

7 deadlines of each State for legislative apportionment 

8 or districting, and reported to the Governor of the 

9 State involved and to the officers or public bodies 

10 having responsibility for legislative apportionment or 

11 districting of that State, except that the tabulations 

12 of population of each State requesting a tabulation 

13 plan, and basic tabulations of population of each 

14 other State, shall be completed, reported, and trans15 mitted to each respective State not later than July 30, 

16 2021. 

17 (b) NRFU OPERATION.—For the 2020 decennial cen18 sus of population, the Bureau of the Census shall conclude 

19 the Nonresponse Followup operation and the self-response 

20 operation no earlier than October 31, 2020. 

21 SEC. 202. REPORTING REQUIREMENTS FOR 2020 CENSUS. 

22 On the first day of each month during the period be23 tween the date of enactment of this Act and July 1, 2021, 

24 the Director of the Bureau of the Census shall submit, to 

25 the Committee on Oversight and Reform of the House of 
1914 

•HR 925 EAH 

1 Representatives, the Committee on Homeland Security and 

2 Governmental Affairs of the Senate, and the Committees on 

3 Appropriations of the House and the Senate, a report re4 garding the 2020 decennial census of population containing 

5 the following information: 

6 (1) The total number of field staff, sorted by cat7 egory, hired by the Bureau compared to the number 

8 of field staff the Bureau estimated was necessary to 

9 carry out such census. 

10 (2) Retention rates of such hired field staff. 

11 (3) Average wait time for call center calls and 

12 average wait time for each language provided. 

13 (4) Anticipated schedule of such census oper14 ations. 

15 (5) Total tabulated responses, categorized by race 

16 and Hispanic origin. 

17 (6) Total appropriations available for obligation 

18 for such census and a categorized list of total dis19 bursements. 

20 (7) Non-Response Follow-Up completion rates by 

21 geographic location. 

22 (8) Update/Enumerate and Update/Leave com23 pletion rates by geographic location. 
1915 

•HR 925 EAH 

1 (9) Total spending to date on media, advertise2 ments, and partnership specialists, including a geo3 graphic breakdown of such spending. 

4 (10) Post-enumeration schedule and subsequent 

5 data aggregation and delivery progress. 

6 SEC. 203. LIMITATION ON TABULATION OF CERTAIN DATA. 

7 (a) LIMITATION.—The Bureau of the Census may not 

8 compile or produce any data product or tabulation as part 

9 of, in combination with, or in connection with, the 2020 

10 decennial census of population or any such census data pro11 duced pursuant to section 141(c) of title 13, United States 

12 Code, that is based in whole or in part on data that is 

13 not collected in such census. 

14 (b) EXCEPTION.—The limitation in subsection (a) 

15 shall not apply to any data product or tabulation that is 

16 required by sections 141(b) or (c) of such title, that uses 

17 the same or substantially similar methodology and data 

18 sources as a decennial census data product produced by the 

19 Bureau of the Census before January 1, 2019, or that uses 

20 a methodology and data sources that the Bureau of the Cen21 sus finalized and made public prior to January 1, 2018. 
1916 

•HR 925 EAH 

1 TITLE III—FEDERAL 

2 WORKFORCE 

3 SEC. 301. COVID–19 TELEWORKING REQUIREMENTS FOR 

4 FEDERAL EMPLOYEES. 

5 (a) MANDATED TELEWORK.— 

6 (1) IN GENERAL.—Effective immediately upon 

7 the date of enactment of this Act, the head of any 

8 Federal agency shall require any employee of such 

9 agency who is authorized to telework under chapter 

10 65 of title 5, United States Code, or any other provi11 sion of law to telework during the period beginning 

12 on the date of enactment of this Act and ending on 

13 December 31, 2020. 

14 (2) DEFINITIONS.—In this subsection— 

15 (A) the term ‘‘employee’’ means— 

16 (i) an employee of the Library of Con17 gress; 

18 (ii) an employee of the Government Ac19 countability Office; 

20 (iii) a covered employee as defined in 

21 section 101 of the Congressional Account22 ability Act of 1995 (2 U.S.C. 1301), other 

23 than an applicant for employment; 

24 (iv) a covered employee as defined in 

25 section 411(c) of title 3, United States Code; 
1917 

•HR 925 EAH 

1 (v) a Federal officer or employee cov2 ered under subchapter V of chapter 63 of 

3 title 5, United States Code; or 

4 (vi) any other individual occupying a 

5 position in the civil service (as that term is 

6 defined in section 2101(1) of title 5, United 

7 States Code); and 

8 (B) the term ‘‘telework’’ has the meaning 

9 given that term in section 6501(3) of such title. 

10 (b) TELEWORK PARTICIPATION GOALS.—Chapter 65 of 

11 title 5, United States Code, is amended as follows: 

12 (1) In section 6502— 

13 (A) in subsection (b)— 

14 (i) in paragraph (4), by striking 

15 ‘‘and’’ at the end; 

16 (ii) in paragraph (5), by striking the 

17 period at the end and inserting a semicolon; 

18 and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(6) include annual goals for increasing the per22 cent of employees of the executive agency partici23 pating in teleworking— 

24 ‘‘(A) three or more days per pay period; 

25 ‘‘(B) one or 2 days per pay period; 
1918 

•HR 925 EAH 

1 ‘‘(C) once per month; and 

2 ‘‘(D) on an occasional, episodic, or short3 term basis; and 

4 ‘‘(7) include methods for collecting data on, set5 ting goals for, and reporting costs savings to the exec6 utive agency achieved through teleworking, consistent 

7 with the guidance developed under section 301(c) of 

8 division R of The Heroes Act.’’; and 

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

10 ‘‘(d) NOTIFICATION FOR REDUCTION IN TELEWORKING

11 PARTICIPATION.—Not later than 30 days before the date 

12 that an executive agency implements or modifies a tele13 working plan that would reduce the percentage of employees 

14 at the agency who telework, the head of the executive agency 

15 shall provide written notification, including a justification 

16 for the reduction in telework participation and a descrip17 tion of how the agency will pay for any increased costs re18 sulting from that reduction, to— 

19 ‘‘(1) the Director of the Office of Personnel Man20 agement; 

21 ‘‘(2) the Committee on Oversight and Reform of 

22 the House of Representatives; and 

23 ‘‘(3) the Committee on Homeland Security and 

24 Governmental Affairs of the Senate. 
1919 

•HR 925 EAH 

1 ‘‘(e) PROHIBITION ON AGENCY-WIDE LIMITS ON TELE2 WORKING.—An agency may not prohibit any delineated pe3 riod of teleworking participation for all employees of the 

4 agency, including the periods described in subparagraphs 

5 (A) through (D) of subsection (b)(6). The agency shall make 

6 any teleworking determination with respect to an employee 

7 or group of employees at the agency on a case-by-case 

8 basis.’’. 

9 (2) In section 6506(b)(2)— 

10 (A) in subparagraph (F)(vi), by striking 

11 ‘‘and’’ at the end; 

12 (B) in subparagraph (G), by striking the 

13 period at the end and inserting a semicolon; and 

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

15 ‘‘(H) agency cost savings achieved through 

16 teleworking, consistent with the guidance devel17 oped under section 2(c) of the Telework Metrics 

18 and Cost Savings Act; and 

19 ‘‘(I) a detailed explanation of a plan to in20 crease the Government-wide teleworking partici21 pation rate above such rate applicable to fiscal 

22 year 2016, including agency-level plans to main23 tain or imparove such rate for each of the tele24 working frequency categories listed under sub25 paragraph (A)(iii).’’. 
1920 

•HR 925 EAH 

1 (c) GUIDANCE.—Not later than 90 days after the date 

2 of the enactment of this Act, the Director of the Office of 

3 Personnel Management, in collaboration with the Chief 

4 Human Capital Officer Council, shall establish uniform 

5 guidance for agencies on how to collect data on, set goals 

6 for, and report cost savings achieved through, teleworking. 

7 Such guidance shall account for cost savings related to trav8 el, energy use, and real estate. 

9 (d) TECHNICAL CORRECTION.—Section 6506(b)(1) of 

10 title 5, United States Code, is amended by striking ‘‘with 

11 Chief’’ and inserting ‘‘with the Chief’’. 

12 SEC. 302. RETIREMENT FOR CERTAIN EMPLOYEES. 

13 (a) CSRS.—Section 8336(c) of title 5, United States 

14 Code, is amended by adding at the end the following: 

15 ‘‘(3)(A) In this paragraph— 

16 ‘‘(i) the term ‘affected individual’ 

17 means an individual covered under this 

18 subchapter who— 

19 ‘‘(I) is performing service in a 

20 covered position; 

21 ‘‘(II) is diagnosed with COVID– 

22 19 before the date on which the indi23 vidual becomes entitled to an annuity 

24 under paragraph (1) of this subsection 
1921 

•HR 925 EAH 

1 or subsection (e), (m), or (n), as appli2 cable; 

3 ‘‘(III) because of the illness de4 scribed in subclause (II), is perma5 nently unable to render useful and effi6 cient service in the employee’s covered 

7 position, as determined by the agency 

8 in which the individual was serving 

9 when such individual incurred the ill10 ness; and 

11 ‘‘(IV) is appointed to a position 

12 in the civil service that— 

13 ‘‘(aa) is not a covered posi14 tion; and 

15 ‘‘(bb) is within an agency 

16 that regularly appoints individ17 uals to supervisory or administra18 tive positions related to the activi19 ties of the former covered position 

20 of the individual; 

21 ‘‘(ii) the term ‘covered position’ means 

22 a position as a law enforcement officer, cus23 toms and border protection officer, fire24 fighter, air traffic controller, nuclear mate25 rials courier, member of the Capitol Police, 
1922 

•HR 925 EAH 

1 or member of the Supreme Court Police; 

2 and 

3 ‘‘(iii) the term ‘COVID–19’ means the 

4 2019 Novel Coronavirus or 2019-nCoV. 

5 ‘‘(B) Unless an affected individual files an 

6 election described in subparagraph (E), cred7 itable service by the affected individual in a po8 sition described in subparagraph (A)(i)(IV) shall 

9 be treated as creditable service in a covered posi10 tion for purposes of this chapter and deter11 mining the amount to be deducted and withheld 

12 from the pay of the affected individual under sec13 tion 8334. 

14 ‘‘(C) Subparagraph (B) shall only apply if 

15 the affected employee transitions to a position 

16 described in subparagraph (A)(i)(IV) without a 

17 break in service exceeding 3 days. 

18 ‘‘(D) The service of an affected individual 

19 shall no longer be eligible for treatment under 

20 subparagraph (B) if such service occurs after the 

21 individual— 

22 ‘‘(i) is transferred to a supervisory or 

23 administrative position related to the ac24 tivities of the former covered position of the 

25 individual; or 
1923 

•HR 925 EAH 

1 ‘‘(ii) meets the age and service require2 ments that would subject the individual to 

3 mandatory separation under section 8335 if 

4 such individual had remained in the former 

5 covered position. 

6 ‘‘(E) In accordance with procedures estab7 lished by the Director of the Office of Personnel 

8 Management, an affected individual may file an 

9 election to have any creditable service performed 

10 by the affected individual treated in accordance 

11 with this chapter without regard to subpara12 graph (B). 

13 ‘‘(F) Nothing in this paragraph shall be 

14 construed to apply to such affected individual 

15 any other pay-related laws or regulations appli16 cable to a covered position.’’. 

17 (b) FERS.— 

18 (1) IN GENERAL.—Section 8412(d) of title 5, 

19 United States Code, is amended— 

20 (A) by redesignating paragraphs (1) and 

21 (2) as subparagraphs (A) and (B), respectively; 

22 (B) by inserting ‘‘(1)’’ before ‘‘An em23 ployee’’; and 

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

25 ‘‘(2)(A) In this paragraph— 
1924 

•HR 925 EAH 

1 ‘‘(i) the term ‘affected individual’ 

2 means an individual covered under this 

3 chapter who— 

4 ‘‘(I) is performing service in a 

5 covered position; 

6 ‘‘(II) is diagnosed with COVID– 

7 19 before the date on which the indi8 vidual becomes entitled to an annuity 

9 under paragraph (1) of this subsection 

10 or subsection (e), as applicable; 

11 ‘‘(III) because of the illness de12 scribed in subclause (II), is perma13 nently unable to render useful and effi14 cient service in the employee’s covered 

15 position, as determined by the agency 

16 in which the individual was serving 

17 when such individual incurred the ill18 ness; and 

19 ‘‘(IV) is appointed to a position 

20 in the civil service that— 

21 ‘‘(aa) is not a covered posi22 tion; and 

23 ‘‘(bb) is within an agency 

24 that regularly appoints individ25 uals to supervisory or administra-
1925 

•HR 925 EAH 

1 tive positions related to the activi2 ties of the former covered position 

3 of the individual; 

4 ‘‘(ii) the term ‘covered position’ means 

5 a position as a law enforcement officer, cus6 toms and border protection officer, fire7 fighter, air traffic controller, nuclear mate8 rials courier, member of the Capitol Police, 

9 or member of the Supreme Court Police; 

10 and 

11 ‘‘(iii) the term ‘COVID–19’ means the 

12 2019 Novel Coronavirus or 2019-nCoV. 

13 ‘‘(B) Unless an affected individual files an 

14 election described in subparagraph (E), cred15 itable service by the affected individual in a po16 sition described in subparagraph (A)(i)(IV) shall 

17 be treated as creditable service in a covered posi18 tion for purposes of this chapter and deter19 mining the amount to be deducted and withheld 

20 from the pay of the affected individual under sec21 tion 8422. 

22 ‘‘(C) Subparagraph (B) shall only apply if 

23 the affected employee transitions to a position 

24 described in subparagraph (A)(i)(IV) without a 

25 break in service exceeding 3 days. 
1926 

•HR 925 EAH 

1 ‘‘(D) The service of an affected individual 

2 shall no longer be eligible for treatment under 

3 subparagraph (B) if such service occurs after the 

4 individual— 

5 ‘‘(i) is transferred to a supervisory or 

6 administrative position related to the ac7 tivities of the former covered position of the 

8 individual; or 

9 ‘‘(ii) meets the age and service require10 ments that would subject the individual to 

11 mandatory separation under section 8425 if 

12 such individual had remained in the former 

13 covered position. 

14 ‘‘(E) In accordance with procedures estab15 lished by the Director of the Office of Personnel 

16 Management, an affected individual may file an 

17 election to have any creditable service performed 

18 by the affected individual treated in accordance 

19 with this chapter without regard to subpara20 graph (B). 

21 ‘‘(F) Nothing in this paragraph shall be 

22 construed to apply to such affected individual 

23 any other pay-related laws or regulations appli24 cable to a covered position.’’. 
1927 

•HR 925 EAH 

1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.— 

3 (A) Chapter 84 of title 5, United States 

4 Code, is amended— 

5 (i) in section 8414(b)(3), by inserting 

6 ‘‘(1)’’ after ‘‘subsection (d)’’; 

7 (ii) in section 8415— 

8 (I) in subsection (e), in the matter 

9 preceding paragraph (1), by inserting 

10 ‘‘(1)’’ after ‘‘subsection (d)’’; and 

11 (II) in subsection (h)(2)(A), by 

12 striking ‘‘(d)(2)’’ and inserting 

13 ‘‘(d)(1)(B)’’; 

14 (iii) in section 8421(a)(1), by inserting 

15 ‘‘(1)’’ after ‘‘(d)’’; 

16 (iv) in section 8421a(b)(4)(B)(ii), by 

17 inserting ‘‘(1)’’ after ‘‘section 8412(d)’’; 

18 (v) in section 8425, by inserting ‘‘(1)’’ 

19 after ‘‘section 8412(d)’’ each place it ap20 pears; and 

21 (vi) in section 8462(c)(3)(B)(ii), by in22 serting ‘‘(1)’’ after ‘‘subsection (d)’’. 

23 (B) Title VIII of the Foreign Service Act of 

24 1980 (22 U.S.C. 4041 et seq.) is amended— 
1928 

•HR 925 EAH 

1 (i) in section 805(d)(5) (22 U.S.C. 

2 4045(d)(5)), by inserting ‘‘(1)’’ after ‘‘or 

3 8412(d)’’; and 

4 (ii) in section 812(a)(2)(B) (22 U.S.C. 

5 4052(a)(2)(B)), by inserting ‘‘(1)’’ after ‘‘or 

6 8412(d)’’. 

7 (c) CIA EMPLOYEES.—Section 302 of the Central In8 telligence Agency Retirement Act (50 U.S.C. 2152) is 

9 amended by adding at the end the following: 

10 ‘‘(d) EMPLOYEES DISABLED ON DUTY.— 

11 ‘‘(1) DEFINITIONS.—In this subsection— 

12 ‘‘(A) the term ‘affected employee’ means an 

13 employee of the Agency covered under subchapter 

14 II of chapter 84 of title 5, United States Code, 

15 who— 

16 ‘‘(i) is performing service in a position 

17 designated under subsection (a); 

18 ‘‘(ii) is diagnosed with COVID–19 be19 fore the date on which the employee becomes 

20 entitled to an annuity under section 233 of 

21 this Act or section 8412(d)(1) of title 5, 

22 United States Code; 

23 ‘‘(iii) because of the illness described in 

24 clause (ii), is permanently unable to render 

25 useful and efficient service in the employee’s 
1929 

•HR 925 EAH 

1 covered position, as determined by the Di2 rector; and 

3 ‘‘(iv) is appointed to a position in the 

4 civil service that is not a covered position 

5 but is within the Agency; 

6 ‘‘(B) the term ‘covered position’ means a 

7 position as— 

8 ‘‘(i) a law enforcement officer described 

9 in section 8331(20) or 8401(17) of title 5, 

10 United States Code; 

11 ‘‘(ii) a customs and border protection 

12 officer described in section 8331(31) or 

13 8401(36) of title 5, United States Code; 

14 ‘‘(iii) a firefighter described in section 

15 8331(21) or 8401(14) of title 5, United 

16 States Code; 

17 ‘‘(iv) an air traffic controller described 

18 in section 8331(30) or 8401(35) of title 5, 

19 United States Code; 

20 ‘‘(v) a nuclear materials courier de21 scribed in section 8331(27) or 8401(33) of 

22 title 5, United States Code; 

23 ‘‘(vi) a member of the United States 

24 Capitol Police; 
1930 

•HR 925 EAH 

1 ‘‘(vii) a member of the Supreme Court 

2 Police; 

3 ‘‘(viii) an affected employee; or 

4 ‘‘(ix) a special agent described in sec5 tion 804(15) of the Foreign Service Act of 

6 1980 (22 U.S.C. 4044(15)); and 

7 ‘‘(C) the term ‘COVID–19’ means the 2019 

8 Novel Coronavirus or 2019-nCoV. 

9 ‘‘(2) TREATMENT OF SERVICE AFTER DIS10 ABILITY.—Unless an affected employee files an elec11 tion described in paragraph (3), creditable service by 

12 the affected employee in a position described in para13 graph (1)(A)(iv) shall be treated as creditable service 

14 in a covered position for purposes of this Act and 

15 chapter 84 of title 5, United States Code, including 

16 eligibility for an annuity under section 233 of this 

17 Act or 8412(d)(1) of title 5, United States Code, and 

18 determining the amount to be deducted and withheld 

19 from the pay of the affected employee under section 

20 8422 of title 5, United States Code. 

21 ‘‘(3) BREAK IN SERVICE.—Paragraph (2) shall 

22 only apply if the affected employee transitions to a 

23 position described in paragraph (1)(A)(iv) without a 

24 break in service exceeding 3 days. 
1931 

•HR 925 EAH 

1 ‘‘(4) LIMITATION ON TREATMENT OF SERVICE.— 

2 The service of an affected employee shall no longer be 

3 eligible for treatment under paragraph (2) if such 

4 service occurs after the employee is transferred to a 

5 supervisory or administrative position related to the 

6 activities of the former covered position of the em7 ployee. 

8 ‘‘(5) OPT OUT.—An affected employee may file 

9 an election to have any creditable service performed 

10 by the affected employee treated in accordance with 

11 chapter 84 of title 5, United States Code, without re12 gard to paragraph (2).’’. 

13 (d) FOREIGN SERVICE RETIREMENT AND DISABILITY

14 SYSTEM.—Section 806(a)(6) of the Foreign Service Act of 

15 1980 (22 U.S.C. 4046(a)(6)) is amended by adding at the 

16 end the following: 

17 ‘‘(D)(i) In this subparagraph— 

18 ‘‘(I) the term ‘affected special 

19 agent’ means an individual covered 

20 under this subchapter who— 

21 ‘‘(aa) is performing service 

22 as a special agent; 

23 ‘‘(bb) is diagnosed with 

24 COVID–19 before the date on 

25 which the individual becomes en-
1932 

•HR 925 EAH 

1 titled to an annuity under section 

2 811; 

3 ‘‘(cc) because of the illness 

4 described in item (bb), is perma5 nently unable to render useful and 

6 efficient service in the employee’s 

7 covered position, as determined by 

8 the Secretary; and 

9 ‘‘(dd) is appointed to a posi10 tion in the Foreign Service that is 

11 not a covered position; 

12 ‘‘(II) the term ‘covered position’ 

13 means a position as— 

14 ‘‘(aa) a law enforcement offi15 cer described in section 8331(20) 

16 or 8401(17) of title 5, United 

17 States Code; 

18 ‘‘(bb) a customs and border 

19 protection officer described in sec20 tion 8331(31) or 8401(36) of title 

21 5, United States Code; 

22 ‘‘(cc) a firefighter described 

23 in section 8331(21) or 8401(14) of 

24 title 5, United States Code; 
1933 

•HR 925 EAH 

1 ‘‘(dd) an air traffic controller 

2 described in section 8331(30) or 

3 8401(35) of title 5, United States 

4 Code; 

5 ‘‘(ee) a nuclear materials 

6 courier described in section 

7 8331(27) or 8401(33) of title 5, 

8 United States Code; 

9 ‘‘(ff) a member of the United 

10 States Capitol Police; 

11 ‘‘(gg) a member of the Su12 preme Court Police; 

13 ‘‘(hh) an employee of the 

14 Agency designated under section 

15 302(a) of the Central Intelligence 

16 Agency Retirement Act (50 U.S.C. 

17 2152(a)); or 

18 ‘‘(ii) a special agent; and 

19 ‘‘(III) the term ‘COVID–19’ 

20 means the 2019 Novel Coronavirus or 

21 2019-nCoV. 

22 ‘‘(ii) Unless an affected special agent files 

23 an election described in clause (iv), creditable 

24 service by the affected special agent in a position 

25 described in clause (i)(I)(dd) shall be treated as 
1934 

•HR 925 EAH 

1 creditable service as a special agent for purposes 

2 of this subchapter, including determining the 

3 amount to be deducted and withheld from the 

4 pay of the individual under section 805. 

5 ‘‘(iii) Clause (ii) shall only apply if the spe6 cial agent transitions to a position described in 

7 clause (i)(I)(dd) without a break in service ex8 ceeding 3 days. 

9 ‘‘(iv) The service of an affected employee 

10 shall no longer be eligible for treatment under 

11 clause (ii) if such service occurs after the em12 ployee is transferred to a supervisory or admin13 istrative position related to the activities of the 

14 former covered position of the employee. 

15 ‘‘(v) In accordance with procedures estab16 lished by the Secretary, an affected special agent 

17 may file an election to have any creditable serv18 ice performed by the affected special agent treat19 ed in accordance with this subchapter, without 

20 regard to clause (ii).’’. 

21 (e) IMPLEMENTATION.— 

22 (1) OFFICE OF PERSONNEL MANAGEMENT.—The 

23 Director of the Office of Personnel Management shall 

24 promulgate regulations to carry out the amendments 

25 made by subsections (a) and (b). 
1935 

•HR 925 EAH 

1 (2) CIA EMPLOYEES.—The Director of the Cen2 tral Intelligence Agency shall promulgate regulations 

3 to carry out the amendment made by subsection (c). 

4 (3) FOREIGN SERVICE RETIREMENT AND DIS5 ABILITY SYSTEM.—The Secretary of State shall pro6 mulgate regulations to carry out the amendment 

7 made by subsection (d). 

8 (4) AGENCY REAPPOINTMENT.—The regulations 

9 promulgated to carry out the amendments made by 

10 this section shall ensure that, to the greatest extent 

11 possible, the head of each agency appoints affected 

12 employees or special agents to supervisory or admin13 istrative positions related to the activities of the 

14 former covered position of the employee or special 

15 agent. 

16 (5) TREATMENT OF SERVICE.—The regulations 

17 promulgated to carry out the amendments made by 

18 this section shall ensure that the creditable service of 

19 an affected employee or special agent (as the case may 

20 be) that is not in a covered position pursuant to an 

21 election made under such amendments shall be treated 

22 as the same type of service as the covered position in 

23 which the employee or agent suffered the qualifying 

24 illness. 
1936 

•HR 925 EAH 

1 (f) EFFECTIVE DATE; APPLICABILITY.—The amend2 ments made by this section— 

3 (1) shall take effect on the date of enactment of 

4 this section; and 

5 (2) shall apply to an individual who suffers an 

6 illness described in section 8336(c)(3)(A)(i)(II) or sec7 tion 8412(d)(2)(A)(i)(II) of title 5, United States 

8 Code (as amended by this section), section 

9 302(d)(1)(A)(ii) of the Central Intelligence Agency 

10 Retirement Act (as amended by this section), or sec11 tion 806(a)(6)(D)(i)(I)(bb) of the Foreign Service Act 

12 of 1980 (as amended by this section), on or after the 

13 date that is 2 years after the date of enactment of this 

14 section. 

15 TITLE IV—FEDERAL 

16 CONTRACTING PROVISIONS 

17 SEC. 401. MANDATORY TELEWORK. 

18 (a) IN GENERAL.—During the emergency period, the 

19 Director of the Office of Management and Budget shall di20 rect agencies to allow telework for all contractor personnel 

21 to the maximum extent practicable. Additionally, the Direc22 tor shall direct contracting officers to document any deci23 sion to not allow telework during the emergency period in 

24 the contract file. 
1937 

•HR 925 EAH 

1 (b) EMERGENCY PERIOD DEFINED.—In this section, 

2 the term ‘‘emergency period’’ means the period that— 

3 (1) begins on the date that is not later than 15 

4 days after the date of the enactment of this Act; and 

5 (2) ends on the date that the public health emer6 gency declared pursuant to section 319 of the Public 

7 Health Service Act (42 U.S.C. 247d) as result of 

8 COVID–19, including any renewal thereof, expires. 

9 SEC. 402. GUIDANCE ON THE IMPLEMENTATION OF SEC10 TION 3610 OF THE CARES ACT. 

11 Not later than 15 days after the date of the enactment 

12 of this Act, the Director of the Office of Management and 

13 Budget shall issue guidance to ensure uniform implementa14 tion across agencies of section 3610 of the CARES Act (Pub15 lic Law 116–136). Any such guidance shall— 

16 (1) limit the basic requirements for reimburse17 ment to those included in such Act and the effective 

18 date for such reimbursement shall be January 31, 

19 2020; and 

20 (2) clarify that the term ‘‘minimum applicable 

21 contract billing rates’’ as used in such section in22 cludes the financial impact incurred as a consequence 

23 of keeping the employees or subcontractors of the con24 tractor in a ready state (such as the base hourly wage 
1938 

•HR 925 EAH 

1 rate of an employee, plus indirect costs, fees, and gen2 eral and administrative expenses). 

3 SEC. 403. PAST PERFORMANCE RATINGS. 

4 Section 1126 of title 41, United States Code, is amend5 ed by adding at the end the following new subsection: 

6 ‘‘(c) EXCEPTION FOR FAILURE TO DELIVER GOODS OR

7 COMPLETE WORK DUE TO COVID–19.—If the head of an 

8 executive agency determines that a contractor failed to de9 liver goods or complete work as a result of measures taken 

10 as a result of COVID–19 under a contract with the agency 

11 by the date or within the time period imposed by the con12 tract, any information relating to such failure may not 

13 be— 

14 ‘‘(1) included in any past performance database 

15 used by executive agencies for making source selection 

16 decisions; or 

17 ‘‘(2) evaluated unfavorably as a factor of past 

18 contract performance.’’. 

19 SEC. 404. ACCELERATED PAYMENTS. 

20 Not later than 10 days after the date of the enactment 

21 of this Act and ending on the expiration of the public health 

22 emergency declared pursuant to section 319 of the Public 

23 Health Service Act (42 U.S.C. 247d) as a result of COVID– 

24 19, including any renewal thereof, the Director of the Office 

25 of Management and Budget shall direct contracting officers 
1939 

•HR 925 EAH 

1 to establish an accelerated payment date for any prime con2 tract (as defined in section 8701 of title 41, United States 

3 Code) with payments due 15 days after the receipt of a 

4 proper invoice. 

5 TITLE V—DISTRICT OF 

6 COLUMBIA 

7 SEC. 501. SPECIAL BORROWING BY THE DISTRICT OF CO8 LUMBIA. 

9 (a) AUTHORIZING BORROWING UNDER MUNICIPAL LI10 QUIDITY FACILITY OF FEDERAL RESERVE BOARD AND

11 SIMILAR FACILITIES OR PROGRAMS.—The Council of the 

12 District of Columbia (hereafter in this section referred to 

13 as the ‘‘Council’’) may by act authorize the issuance of 

14 bonds, notes, and other obligations, in amounts determined 

15 by the Chief Financial Officer of the District of Columbia 

16 to meet cash-flow needs of the District of Columbia govern17 ment, for purchase by the Board of Governors of the Federal 

18 Reserve under the Municipal Liquidity Facility of the Fed19 eral Reserve or any other facility or program of the Federal 

20 Reserve or another entity of the Federal government which 

21 is established in response to the COVID–19 Pandemic. 

22 (b) REQUIRING ISSUANCE TO BE COMPETITIVE WITH

23 OTHER FORMS OF BORROWING.—The Council may author24 ize the issuance of bonds, notes, or other obligations under 

25 subsection (a) only if the issuance of such bonds, notes, and 
1940 

•HR 925 EAH 

1 other obligations is competitive with other forms of bor2 rowing in the financial market. 

3 (c) TREATMENT AS GENERAL OBLIGATION.—Any 

4 bond, note, or other obligation issued under subsection (a) 

5 shall, if provided in the act of the Council, be a general 

6 obligation of the District. 

7 (d) PAYMENTS NOT SUBJECT TO APPROPRIATION.— 

8 No appropriation is required to pay— 

9 (1) any amount (including the amount of any 

10 accrued interest or premium) obligated or expended 

11 from or pursuant to subsection (a) for or from the 

12 sale of any bonds, notes, or other obligation under 

13 such subsection; 

14 (2) any amount obligated or expended for the 

15 payment of principal of, interest on, or any premium 

16 for any bonds, notes, or other obligations issued under 

17 subsection (a); 

18 (3) any amount obligated or expended pursuant 

19 to provisions made to secure any bonds, notes, or 

20 other obligations issued under subsection (a); or 

21 (4) any amount obligated or expended pursuant 

22 to commitments, including lines of credit or costs of 

23 issuance, made or entered in connection with the 

24 issuance of any bonds, notes, or other obligations for 
1941 

•HR 925 EAH 

1 operating or capital costs financed under subsection 

2 (a). 

3 (e) RENEWAL.—Any bond, note, or other obligation 

4 issued under subsection (a) may be renewed if authorized 

5 by an act of the Council. 

6 (f) PAYMENT.—Any bonds, notes, or other obligations 

7 issued under subsection (a), including any renewal of such 

8 bonds, notes, or other obligations, shall be due and payable 

9 on such terms and conditions as are consistent with the 

10 terms and conditions of the Municipal Liquidity Facility 

11 or other facility or program referred to in subsection (a). 

12 (g) INCLUSION OF PAYMENTS IN ANNUAL BUDGET.— 

13 The Council shall provide in each annual budget for the 

14 District of Columbia government sufficient funds to pay the 

15 principal of and interest on all bonds, notes, or other obliga16 tions issued under subsection (a) of this section becoming 

17 due and payable during such fiscal year. 

18 (h) OBLIGATION TO PAY.—The Mayor of the District 

19 of Columbia shall ensure that the principal of and interest 

20 on all bonds, notes, or other obligations issued under sub21 section (a) are paid when due, including by paying such 

22 principal and interest from funds not otherwise legally 

23 committed. 

24 (i) SECURITY INTEREST IN DISTRICT REVENUES.— 

25 The Council may by act provide for a security interest in 
1942 

•HR 925 EAH 

1 any District of Columbia revenues as additional security 

2 for the payment of any bond, note, or other obligation issued 

3 under subsection (a). 

4 TITLE VI—OTHER MATTERS 

5 SEC. 601. ESTIMATES OF AGGREGATE ECONOMIC GROWTH 

6 ACROSS INCOME GROUPS. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Measuring Real Income Growth Act of 2020’’. 

9 (b) DEFINITIONS.—In this section: 

10 (1) BUREAU.—The term ‘‘Bureau’’ means the 

11 Bureau of Economic Analysis of the Department of 

12 Commerce. 

13 (2) GROSS DOMESTIC PRODUCT ANALYSIS.—The 

14 term ‘‘gross domestic product analysis’’— 

15 (A) means a quarterly or annual analysis 

16 conducted by the Bureau with respect to the 

17 gross domestic product of the United States; and 

18 (B) includes a revision prepared by the Bu19 reau of an analysis described in subparagraph 

20 (A). 

21 (3) RECENT ESTIMATE.—The term ‘‘recent esti22 mate’’ means the most recent estimate described in 

23 subsection (c) that is available on the date on which 

24 the gross domestic product analysis with which the es25 timate is to be included is conducted. 
1943 

•HR 925 EAH 

1 (c) INCLUSION IN REPORTS.—Beginning in 2020, in 

2 each gross domestic product analysis conducted by the Bu3 reau, the Bureau shall include a recent estimate of, with 

4 respect to specific percentile groups of income, the total 

5 amount that was added to the economy of the United States 

6 during the period to which the recent estimate pertains, in7 cluding in— 

8 (1) each of the 10 deciles of income; and 

9 (2) the highest 1 percent of income. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

11 authorized to be appropriated to the Secretary of Commerce 

12 such sums as are necessary to carry out this section. 

13 SEC. 602. WAIVER OF FEDERAL FUND LIMITATION FOR THE 

14 DRUG-FREE COMMUNITIES SUPPORT PRO15 GRAM. 

16 (a) IN GENERAL.—Subject to subsection (b), if the Ad17 ministrator of the Drug-Free Communities Support Pro18 gram determines that, as a result of the public health emer19 gency declared pursuant to section 319 of the Public Health 

20 Service Act (42 U.S.C. 247d) as a result of COVID–19, an 

21 eligible coalition is unable to raise the amount of non-Fed22 eral funds, including in-kind contributions, agreed to be 

23 raised by the coalition for a fiscal year under an agreement 

24 entered into with the Administrator pursuant to paragraph 

25 (1)(A) or (3)(D) of section 1032(b) of the Anti-Drug Abuse 
1944 

•HR 925 EAH 

1 Act of 1988 (21 U.S.C. 1532(b)), the Administrator may, 

2 notwithstanding such paragraphs, provide to the eligible co3 alition the grant or renewal grant, as applicable, for that 

4 fiscal year in an amount— 

5 (1) with respect to an initial grant or renewal 

6 grant described under paragraph (1)(A) of such sec7 tion, that exceeds the amount of non-Federal funds 

8 raised by the eligible coalition, including in-kind con9 tributions, for that fiscal year; 

10 (2) with respect to a renewal grant described 

11 under paragraph (3)(D)(i) of such section, that ex12 ceeds 125 percent of the amount of non-Federal funds 

13 raised by the eligible coalition, including in-kind con14 tributions, for that fiscal year; and 

15 (3) with respect to a renewal grant described 

16 under paragraph (3)(D)(ii) of such section, that ex17 ceeds 150 percent of the amount of non-Federal funds 

18 raised by the eligible coalition, including in-kind con19 tributions, for that fiscal year. 

20 SEC. 603. UNITED STATES POSTAL SERVICE BORROWING 

21 AUTHORITY. 

22 Subsection (b)(2) of section 6001 of the Coronavirus 

23 Aid, Relief, and Economic Security Act (Public Law 116– 

24 136) is amended to read as follows: 
1945 

•HR 925 EAH 

1 ‘‘(2) the Secretary of the Treasury shall lend up 

2 to the amount described in paragraph (1) at the re3 quest of the Postal Service subject to the terms and 

4 conditions of the note purchase agreement between the 

5 Postal Service and the Federal Financing Bank in ef6 fect on September 29, 2018.’’. 

7 DIVISION S—FOREIGN AFFAIRS 

8 PROVISIONS 

9 TITLE I—MATTERS RELATING TO 

10 THE DEPARTMENT OF STATE 

11 SEC. 101. EFFORTS TO ASSIST FEDERAL VOTERS OVERSEAS 

12 IMPACTED BY COVID–19. 

13 (a) SENSE OF CONGRESS.—It is the sense of Congress 

14 that the Secretary of State, in consultation with the Sec15 retary of Defense and the Postmaster General, should under16 take efforts to mitigate the effects of limited or curtailed 

17 diplomatic pouch capacities or other operations constraints 

18 at United States diplomatic and consular posts, due to 

19 coronavirus, on overseas voters (as such term is defined in 

20 section 107(5) of the Uniformed and Overseas Citizens Ab21 sentee Voting Act (52 U.S.C. 20310(5))) seeking to return 

22 absentee ballots and other balloting materials under such 

23 Act with respect to elections for Federal office held in 2020. 

24 Such efforts should include steps to— 
1946 

•HR 925 EAH 

1 (1) restore or augment diplomatic pouch capac2 ities; 

3 (2) facilitate using the Army Post Office, Fleet 

4 Post Office, Diplomatic Post Office, the United States 

5 mails, or private couriers, if available; 

6 (3) mitigate other operations constraints affect7 ing eligible overseas voters; 

8 (4) develop specific outreach plans to educate eli9 gible overseas voters about accessing all available 

10 forms of voter assistance prior to the date of the regu11 larly scheduled general election for Federal office; and 

12 (5) ensure any employees at Department of State 

13 overseas posts interacting with Federal overseas voters 

14 seeking to return their ballots are informed of and ex15 ercise necessary protocols to avoid the spoilage or in16 validating of ballots for which the Department of 

17 State is helping to facilitate return. 

18 (b) REPORT ON EFFORTS TO ASSIST AND INFORM

19 FEDERAL VOTERS OVERSEAS.—Not later than 15 days be20 fore the date of the regularly scheduled general election for 

21 Federal office held in November 2020, the Secretary of 

22 State, in consultation with the Secretary of Defense, shall 

23 report to the appropriate congressional committees on the 

24 efforts described in subsection (a). 
1947 

•HR 925 EAH 

1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means— 

4 (1) the Committee on Foreign Affairs and the 

5 Committee on Armed Services of the House of Rep6 resentatives; and 

7 (2) the Committee on Foreign Relations and the 

8 Committee on Armed Services of the Senate. 

9 SEC. 102. REPORT ON EFFORTS OF THE CORONAVIRUS RE10 PATRIATION TASK FORCE. 

11 Not later than 90 days after the date of the enactment 

12 of this division, the Secretary of State shall submit to the 

13 Committee on Foreign Affairs of the House of Representa14 tives and the Committee on Foreign Relations of the Senate 

15 a report evaluating the efforts of the Coronavirus Repatri16 ation Task Force of the Department of State to repatriate 

17 United States citizens and legal permanent residents in re18 sponse to the 2020 coronavirus outbreak. The report shall 

19 identify— 

20 (1) the most significant impediments to repa21 triating such persons; 

22 (2) the lessons learned from such repatriations; 

23 and 
1948 

•HR 925 EAH 

1 (3) any changes planned to future repatriation 

2 efforts of the Department of State to incorporate such 

3 lessons learned. 

4 TITLE II—GLOBAL HEALTH 

5 SECURITY ACT OF 2020 

6 SEC. 201. SHORT TITLE. 

7 This title may be cited as the ‘‘Global Health Security 

8 Act of 2020’’. 

9 SEC. 202. FINDINGS. 

10 Congress finds the following: 

11 (1) In December 2009, President Obama released 

12 the National Strategy for Countering Biological 

13 Threats, which listed as one of seven objectives ‘‘Pro14 mote global health security: Increase the availability 

15 of and access to knowledge and products of the life 

16 sciences that can help reduce the impact from out17 breaks of infectious disease whether of natural, acci18 dental, or deliberate origin’’. 

19 (2) In February 2014, the United States and 

20 nearly 30 other nations launched the Global Health 

21 Security Agenda (GHSA) to address several high-pri22 ority, global infectious disease threats. The GHSA is 

23 a multi-faceted, multi-country initiative intended to 

24 accelerate partner countries’ measurable capabilities 

25 to achieve specific targets to prevent, detect, and re-
1949 

•HR 925 EAH 

1 spond to infectious disease threats, whether naturally 

2 occurring, deliberate, or accidental. 

3 (3) In 2015, the United Nations adopted the 

4 Sustainable Development Goals (SDGs), which in5 clude specific reference to the importance of global 

6 health security as part of SDG 3 ‘‘ensure healthy lives 

7 and promote well-being for all at all ages’’ as follows: 

8 ‘‘strengthen the capacity of all countries, in par9 ticular developing countries, for early warning, risk 

10 reduction and management of national and global 

11 health risks’’. 

12 (4) On November 4, 2016, President Obama 

13 signed Executive Order 13747, ‘‘Advancing the Global 

14 Health Security Agenda to Achieve a World Safe and 

15 Secure from Infectious Disease Threats’’. 

16 (5) In October 2017 at the GHSA Ministerial 

17 Meeting in Uganda, the United States and more than 

18 40 GHSA member countries supported the ‘‘Kampala 

19 Declaration’’ to extend the GHSA for an additional 

20 5 years to 2024. 

21 (6) In December 2017, President Trump released 

22 the National Security Strategy, which includes the 

23 priority action: ‘‘Detect and contain biothreats at 

24 their source: We will work with other countries to de25 tect and mitigate outbreaks early to prevent the 
1950 

•HR 925 EAH 

1 spread of disease. We will encourage other countries 

2 to invest in basic health care systems and to strength3 en global health security across the intersection of 

4 human and animal health to prevent infectious dis5 ease outbreaks’’. 

6 (7) In September 2018, President Trump re7 leased the National Biodefense Strategy, which in8 cludes objectives to ‘‘strengthen global health security 

9 capacities to prevent local bioincidents from becoming 

10 epidemics’’, and ‘‘strengthen international prepared11 ness to support international response and recovery 

12 capabilities’’. 

13 SEC. 203. STATEMENT OF POLICY. 

14 It is the policy of the United States to— 

15 (1) promote global health security as a core na16 tional security interest; 

17 (2) advance the aims of the Global Health Secu18 rity Agenda; 

19 (3) collaborate with other countries to detect and 

20 mitigate outbreaks early to prevent the spread of dis21 ease; 

22 (4) encourage other countries to invest in basic 

23 resilient and sustainable health care systems; and 

24 (5) strengthen global health security across the 

25 intersection of human and animal health to prevent 
1951 

•HR 925 EAH 

1 infectious disease outbreaks and combat the growing 

2 threat of antimicrobial resistance. 

3 SEC. 204. GLOBAL HEALTH SECURITY AGENDA INTER4 AGENCY REVIEW COUNCIL. 

5 (a) ESTABLISHMENT.—The President shall establish a 

6 Global Health Security Agenda Interagency Review Council 

7 (in this section referred to as the ‘‘Council’’) to perform the 

8 general responsibilities described in subsection (c) and the 

9 specific roles and responsibilities described in subsection (e). 

10 (b) MEETINGS.—The Council shall meet not less than 

11 four times per year to advance its mission and fulfill its 

12 responsibilities. 

13 (c) GENERAL RESPONSIBILITIES.—The Council shall 

14 be responsible for the following activities: 

15 (1) Provide policy-level recommendations to par16 ticipating agencies on Global Health Security Agenda 

17 (GHSA) goals, objectives, and implementation. 

18 (2) Facilitate interagency, multi-sectoral engage19 ment to carry out GHSA implementation. 

20 (3) Provide a forum for raising and working to 

21 resolve interagency disagreements concerning the 

22 GHSA. 

23 (4)(A) Review the progress toward and work to 

24 resolve challenges in achieving United States commit-
1952 

•HR 925 EAH 

1 ments under the GHSA, including commitments to 

2 assist other countries in achieving the GHSA targets. 

3 (B) The Council shall consider, among other 

4 issues, the following: 

5 (i) The status of United States financial 

6 commitments to the GHSA in the context of com7 mitments by other donors, and the contributions 

8 of partner countries to achieve the GHSA tar9 gets. 

10 (ii) The progress toward the milestones out11 lined in GHSA national plans for those coun12 tries where the United States Government has 

13 committed to assist in implementing the GHSA 

14 and in annual work-plans outlining agency pri15 orities for implementing the GHSA. 

16 (iii) The external evaluations of United 

17 States and partner country capabilities to ad18 dress infectious disease threats, including the 

19 ability to achieve the targets outlined within the 

20 WHO Joint External Evaluation (JEE) tool, as 

21 well as gaps identified by such external evalua22 tions. 

23 (d) PARTICIPATION.—The Council shall consist of rep24 resentatives, serving at the Assistant Secretary level or high25 er, from the following agencies: 
1953 

•HR 925 EAH 

1 (1) The Department of State. 

2 (2) The Department of Defense. 

3 (3) The Department of Justice. 

4 (4) The Department of Agriculture. 

5 (5) The Department of Health and Human Serv6 ices. 

7 (6) The Department of Labor. 

8 (7) The Department of Homeland Security. 

9 (8) The Office of Management and Budget. 

10 (9) The United States Agency for International 

11 Development. 

12 (10) The Environmental Protection Agency. 

13 (11) The Centers for Disease Control and Pre14 vention. 

15 (12) The Office of Science and Technology Pol16 icy. 

17 (13) The National Institutes of Health. 

18 (14) The National Institute of Allergy and Infec19 tious Diseases. 

20 (15) Such other agencies as the Council deter21 mines to be appropriate. 

22 (e) SPECIFIC ROLES AND RESPONSIBILITIES.— 

23 (1) IN GENERAL.—The heads of agencies de24 scribed in subsection (d) shall— 
1954 

•HR 925 EAH 

1 (A) make the GHSA and its implementa2 tion a high priority within their respective agen3 cies, and include GHSA-related activities within 

4 their respective agencies’ strategic planning and 

5 budget processes; 

6 (B) designate a senior-level official to be re7 sponsible for the implementation of this division; 

8 (C) designate, in accordance with subsection 

9 (d), an appropriate representative at the Assist10 ant Secretary level or higher to participate on 

11 the Council; 

12 (D) keep the Council apprised of GHSA-re13 lated activities undertaken within their respec14 tive agencies; 

15 (E) maintain responsibility for agency-re16 lated programmatic functions in coordination 

17 with host governments, country teams, and 

18 GHSA in-country teams, and in conjunction 

19 with other relevant agencies; 

20 (F) coordinate with other agencies that are 

21 identified in this section to satisfy programmatic 

22 goals, and further facilitate coordination of 

23 country teams, implementers, and donors in host 

24 countries; and 
1955 

•HR 925 EAH 

1 (G) coordinate across GHSA national plans 

2 and with GHSA partners to which the United 

3 States is providing assistance. 

4 (2) ADDITIONAL ROLES AND RESPONSIBIL5 ITIES.—In addition to the roles and responsibilities 

6 described in paragraph (1), the heads of agencies de7 scribed in subsection (d) shall carry out their respec8 tive roles and responsibilities described in subsections 

9 (b) through (i) of section 3 of Executive Order 13747 

10 (81 Fed. Reg. 78701; relating to Advancing the Global 

11 Health Security Agenda to Achieve a World Safe and 

12 Secure from Infectious Disease Threats), as in effect 

13 on the day before the date of the enactment of this di14 vision. 

15 SEC. 205. UNITED STATES COORDINATOR FOR GLOBAL 

16 HEALTH SECURITY. 

17 (a) IN GENERAL.—The President shall appoint an in18 dividual to the position of United States Coordinator for 

19 Global Health Security, who shall be responsible for the co20 ordination of the interagency process for responding to glob21 al health security emergencies. As appropriate, the designee 

22 shall coordinate with the President’s Special Coordinator 

23 for International Disaster Assistance. 

24 (b) CONGRESSIONAL BRIEFING.—Not less frequently 

25 than twice each year, the employee designated under this 
1956 

•HR 925 EAH 

1 section shall provide to the appropriate congressional com2 mittees a briefing on the responsibilities and activities of 

3 the individual under this section. 

4 SEC. 206. SENSE OF CONGRESS. 

5 It is the sense of the Congress that, given the complex 

6 and multisectoral nature of global health threats to the 

7 United States, the President— 

8 (1) should consider appointing an individual 

9 with significant background and expertise in public 

10 health or emergency response management to the posi11 tion of United States Coordinator for Global Health 

12 Security, as required by section 205(a), who is an 

13 employee of the National Security Council at the level 

14 of Deputy Assistant to the President or higher; and 

15 (2) in providing assistance to implement the 

16 strategy required under section 207(a), should— 

17 (A) coordinate, through a whole-of-govern18 ment approach, the efforts of relevant Federal de19 partments and agencies to implement the strat20 egy; 

21 (B) seek to fully utilize the unique capabili22 ties of each relevant Federal department and 

23 agency while collaborating with and leveraging 

24 the contributions of other key stakeholders; and 
1957 

•HR 925 EAH 

1 (C) utilize open and streamlined solicita2 tions to allow for the participation of a wide 

3 range of implementing partners through the most 

4 appropriate procurement mechanisms, which 

5 may include grants, contracts, cooperative agree6 ments, and other instruments as necessary and 

7 appropriate. 

8 SEC. 207. STRATEGY AND REPORTS. 

9 (a) STRATEGY.—The United States Coordinator for 

10 Global Health Security (appointed under section 205(a)) 

11 shall coordinate the development and implementation of a 

12 strategy to implement the policy aims described in section 

13 203, which shall— 

14 (1) set specific and measurable goals, bench15 marks, timetables, performance metrics, and moni16 toring and evaluation plans that reflect international 

17 best practices relating to transparency, account18 ability, and global health security; 

19 (2) support and be aligned with country-owned 

20 global health security policy and investment plans de21 veloped with input from key stakeholders, as appro22 priate; 

23 (3) facilitate communication and collaboration, 

24 as appropriate, among local stakeholders in support 

25 of a multi-sectoral approach to global health security; 
1958 

•HR 925 EAH 

1 (4) support the long-term success of programs by 

2 building the capacity of local organizations and insti3 tutions in target countries and communities; 

4 (5) develop community resilience to infectious 

5 disease threats and emergencies; 

6 (6) leverage resources and expertise through part7 nerships with the private sector, health organizations, 

8 civil society, nongovernmental organizations, and 

9 health research and academic institutions; and 

10 (7) support collaboration, as appropriate, be11 tween United States universities, and public and pri12 vate institutions in target countries and communities 

13 to promote health security and innovation. 

14 (b) COORDINATION.—The President, acting through the 

15 United States Coordinator for Global Health Security, shall 

16 coordinate, through a whole-of-government approach, the ef17 forts of relevant Federal departments and agencies in the 

18 implementation of the strategy required under subsection 

19 (a) by— 

20 (1) establishing monitoring and evaluation sys21 tems, coherence, and coordination across relevant Fed22 eral departments and agencies; and 

23 (2) establishing platforms for regular consulta24 tion and collaboration with key stakeholders and the 

25 appropriate congressional committees. 
1959 

•HR 925 EAH 

1 (c) STRATEGY SUBMISSION.— 

2 (1) IN GENERAL.—Not later than 180 days after 

3 the date of the enactment of this division, the Presi4 dent, in consultation with the head of each relevant 

5 Federal department and agency, shall submit to the 

6 appropriate congressional committees the strategy re7 quired under subsection (a) that provides a detailed 

8 description of how the United States intends to ad9 vance the policy set forth in section 203 and the agen10 cy-specific plans described in paragraph (2). 

11 (2) AGENCY-SPECIFIC PLANS.—The strategy re12 quired under subsection (a) shall include specific im13 plementation plans from each relevant Federal de14 partment and agency that describes— 

15 (A) the anticipated contributions of the de16 partment or agency, including technical, finan17 cial, and in-kind contributions, to implement the 

18 strategy; and 

19 (B) the efforts of the department or agency 

20 to ensure that the activities and programs car21 ried out pursuant to the strategy are designed to 

22 achieve maximum impact and long-term sus23 tainability. 

24 (d) REPORT.— 
1960 

•HR 925 EAH 

1 (1) IN GENERAL.—Not later than 1 year after 

2 the date on which the strategy required under sub3 section (a) is submitted to the appropriate congres4 sional committees under subsection (c), and not later 

5 than October 1 of each year thereafter, the President 

6 shall submit to the appropriate congressional commit7 tees a report that describes the status of the imple8 mentation of the strategy. 

9 (2) CONTENTS.—The report required under 

10 paragraph (1) shall— 

11 (A) identify any substantial changes made 

12 in the strategy during the preceding calendar 

13 year; 

14 (B) describe the progress made in imple15 menting the strategy; 

16 (C) identify the indicators used to establish 

17 benchmarks and measure results over time, as 

18 well as the mechanisms for reporting such results 

19 in an open and transparent manner; 

20 (D) contain a transparent, open, and de21 tailed accounting of expenditures by relevant 

22 Federal departments and agencies to implement 

23 the strategy, including, to the extent practicable, 

24 for each Federal department and agency, the 

25 statutory source of expenditures, amounts ex-
1961 

•HR 925 EAH 

1 pended, partners, targeted populations, and 

2 types of activities supported; 

3 (E) describe how the strategy leverages other 

4 United States global health and development as5 sistance programs; 

6 (F) assess efforts to coordinate United 

7 States global health security programs, activities, 

8 and initiatives with key stakeholders; 

9 (G) incorporate a plan for regularly review10 ing and updating strategies, partnerships, and 

11 programs and sharing lessons learned with a 

12 wide range of stakeholders, including key stake13 holders, in an open, transparent manner; and 

14 (H) describe the progress achieved and chal15 lenges concerning the United States Govern16 ment’s ability to advance the Global Health Se17 curity Agenda across priority countries, includ18 ing data disaggregated by priority country using 

19 indicators that are consistent on a year-to-year 

20 basis and recommendations to resolve, mitigate, 

21 or otherwise address the challenges identified 

22 therein. 

23 (e) FORM.—The strategy required under subsection (a) 

24 and the report required under subsection (d) shall be sub-
1962 

•HR 925 EAH 

1 mitted in unclassified form but may contain a classified 

2 annex. 

3 SEC. 208. COMPLIANCE WITH THE FOREIGN AID TRANS4 PARENCY AND ACCOUNTABILITY ACT OF 2016. 

5 Section 2(3) of the Foreign Aid Transparency and Ac6 countability Act of 2016 (Public Law 114–191; 22 U.S.C. 

7 2394c note) is amended— 

8 (1) in subparagraph (C), by striking ‘‘and’’ at 

9 the end; 

10 (2) in subparagraph (D), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

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

13 ‘‘(E) the Global Health Security Act of 

14 2020.’’. 

15 SEC. 209. DEFINITIONS. 

16 In this title: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional commit19 tees’’ means— 

20 (A) the Committee on Foreign Affairs and 

21 the Committee on Appropriations of the House of 

22 Representatives; and 

23 (B) the Committee on Foreign Relations 

24 and the Committee on Appropriations of the 

25 Senate. 
1963 

•HR 925 EAH 

1 (2) GLOBAL HEALTH SECURITY.—The term 

2 ‘‘global health security’’ means activities supporting 

3 epidemic and pandemic preparedness and capabilities 

4 at the country and global levels in order to minimize 

5 vulnerability to acute public health events that can 

6 endanger the health of populations across geo7 graphical regions and international boundaries. 

8 SEC. 210. SUNSET. 

9 This title (other than section 205), and the amend10 ments made by this title, shall cease to be effective on De11 cember 31, 2024. 

12 TITLE III—SECURING AMERICA 

13 FROM EPIDEMICS ACT 

14 SEC. 301. FINDINGS. 

15 Congress finds the following: 

16 (1) Due to increasing population and population 

17 density, human mobility, and ecological change, 

18 emerging infectious diseases pose a real and growing 

19 threat to global health security. 

20 (2) While vaccines can be the most effective tools 

21 to protect against infectious disease, the absence of 

22 vaccines for a new or emerging infectious disease with 

23 epidemic potential is a major health security threat 

24 globally, posing catastrophic potential human and 

25 economic costs. 
1964 

•HR 925 EAH 

1 (3) The 1918 influenza pandemic infected 

2 500,000,000 people, or about one-third of the world’s 

3 population at the time, and killed 50,000,000 peo4 ple—more than died in the First World War. 

5 (4) The economic cost of an outbreak can be dev6 astating. The estimated global cost today, should an 

7 outbreak of the scale of the 1918 influenza pandemic 

8 strike, is 5 percent of global gross domestic product. 

9 (5) Even regional outbreaks can have enormous 

10 human costs and substantially disrupt the global 

11 economy and cripple regional economies. The 2014 

12 Ebola outbreak in West Africa killed more than 

13 11,000 and cost $2,800,000,000 in losses in the af14 fected countries alone. 

15 (6) The ongoing novel coronavirus outbreak re16 flects the pressing need for quick and effective vaccine 

17 and countermeasure development. 

18 (7) While the need for vaccines to address emerg19 ing epidemic threats is acute, markets to drive the 

20 necessary development of vaccines to address them— 

21 a complex and expensive undertaking—are very often 

22 critically absent. Also absent are mechanisms to en23 sure access to those vaccines by those who need them 

24 when they need them. 
1965 

•HR 925 EAH 

1 (8) To address this global vulnerability and the 

2 deficit of political commitment, institutional capac3 ity, and funding, in 2017, several countries and pri4 vate partners launched the Coalition for Epidemic 

5 Preparedness Innovations (CEPI). CEPI’s mission is 

6 to stimulate, finance, and coordinate development of 

7 vaccines for high-priority, epidemic-potential threats 

8 in cases where traditional markets do not exist or 

9 cannot create sufficient demand. 

10 (9) Through funding of partnerships, CEPI seeks 

11 to bring priority vaccines candidates through the end 

12 of phase II clinical trials, as well as support vaccine 

13 platforms that can be rapidly deployed against 

14 emerging pathogens. 

15 (10) CEPI has funded multiple partners to de16 velop vaccine candidates against the novel 

17 coronavirus, responding to this urgent, global require18 ment. 

19 (11) Support for and participation in CEPI is 

20 an important part of the United States own health se21 curity and biodefense and is in the national interest, 

22 complementing the work of many Federal agencies 

23 and providing significant value through global part24 nership and burden-sharing. 
1966 

•HR 925 EAH 

1 SEC. 302. AUTHORIZATION FOR UNITED STATES PARTICIPA2 TION. 

3 (a) IN GENERAL.—The United States is hereby author4 ized to participate in the Coalition for Epidemic Prepared5 ness Innovations. 

6 (b) BOARD OF DIRECTORS.—The Administrator of the 

7 United States Agency for International Development is au8 thorized to designate an employee of such Agency to serve 

9 on the Investors Council of the Coalition for Epidemic Pre10 paredness Innovations as a representative of the United 

11 States. 

12 (c) REPORTS TO CONGRESS.—Not later than 180 days 

13 after the date of the enactment of this division, the President 

14 shall submit to the appropriate congressional committees a 

15 report that includes the following: 

16 (1) The United States planned contributions to 

17 the Coalition for Epidemic Preparedness Innovations 

18 and the mechanisms for United States participation 

19 in such Coalition. 

20 (2) The manner and extent to which the United 

21 States shall participate in the governance of the Coa22 lition. 

23 (3) How participation in the Coalition supports 

24 relevant United States Government strategies and 

25 programs in health security and biodefense, to in26 clude— 
1967 

•HR 925 EAH 

1 (A) the Global Health Security Strategy re2 quired by section 7058(c)(3) of division K of the 

3 Consolidated Appropriations Act, 2018 (Public 

4 Law 115–141); 

5 (B) the applicable revision of the National 

6 Biodefense Strategy required by section 1086 of 

7 the National Defense Authorization Act for Fis8 cal Year 2017 (6 U.S.C. 104); and 

9 (C) any other relevant decision-making 

10 process for policy, planning, and spending in 

11 global health security, biodefense, or vaccine and 

12 medical countermeasures research and develop13 ment. 

14 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

15 this section, the term ‘‘appropriate congressional commit16 tees’’ means— 

17 (1) the Committee on Foreign Affairs and the 

18 Committee on Appropriations of the House of Rep19 resentatives; and 

20 (2) the Committee on Foreign Relations and the 

21 Committee on Appropriations of the Senate. 
1968 

•HR 925 EAH 

1 DIVISION T—JUDICIARY 

2 MATTERS 

3 TITLE I—IMMIGRATION 

4 MATTERS 

5 SEC. 101. EXTENSION OF FILING AND OTHER DEADLINES. 

6 (a) NEW DEADLINES FOR EXTENSION OR CHANGE OF

7 STATUS OR OTHER BENEFITS.— 

8 (1) FILING DELAYS.—In the case of an alien who 

9 was lawfully present in the United States on January 

10 26, 2020, the alien’s application for an extension or 

11 change of nonimmigrant status, application for re12 newal of employment authorization, or any other ap13 plication for extension or renewal of a period of au14 thorized stay, shall be considered timely filed if the 

15 due date of the application is within the period de16 scribed in subsection (d) and the application is filed 

17 not later than 60 days after it otherwise would have 

18 been due. 

19 (2) DEPARTURE DELAYS.—In the case of an 

20 alien who was lawfully present in the United States 

21 on January 26, 2020, the alien shall not be consid22 ered to be unlawfully present in the United States 

23 during the period described in subsection (d). 

24 (3) SPECIFIC AUTHORITY.— 
1969 

•HR 925 EAH 

1 (A) IN GENERAL.—With respect to any 

2 alien whose immigration status, employment au3 thorization, or other authorized period of stay 

4 has expired or will expire during the period de5 scribed in subsection (d), during the one-year pe6 riod beginning on the date of the enactment of 

7 this title, or during both such periods, the Sec8 retary of Homeland Security shall automatically 

9 extend such status, authorization, or period of 

10 stay until the date that is 90 days after the last 

11 day of whichever of such periods ends later. 

12 (B) EXCEPTION.—If the status, authoriza13 tion, or period of stay referred to in subpara14 graph (A) is based on a grant of deferred action, 

15 or a grant of temporary protected status under 

16 section 244 of the Immigration and Nationality 

17 Act (8 U.S.C. 1254a), the extension under such 

18 subparagraph shall be for a period not less than 

19 the period for which deferred action or tem20 porary protected status originally was granted 

21 by the Secretary of Homeland Security. 

22 (b) IMMIGRANT VISAS.— 

23 (1) EXTENSION OF VISA EXPIRATION.—Notwith24 standing the limitations under section 221(c) of the 

25 Immigration and Nationality Act (8 U.S.C. 1201(c)), 
1970 

•HR 925 EAH 

1 in the case of any immigrant visa issued to an alien 

2 that expires or expired during the period described in 

3 subsection (d), the period of validity of the visa is ex4 tended until the date that is 90 days after the end of 

5 such period. 

6 (2) ROLLOVER OF UNUSED VISAS.— 

7 (A) IN GENERAL.—For fiscal years 2021 

8 and 2022, the worldwide level of family-spon9 sored immigrants under subsection (c) of section 

10 201 of the Immigration and Nationality Act (8 

11 U.S.C. 1151), the worldwide level of employment12 based immigrants under subsection (d) of such 

13 section, and the worldwide level of diversity im14 migrants under subsection (e) of such section 

15 shall each be increased by the number computed 

16 under subparagraph (B) with respect to each of 

17 such worldwide levels. 

18 (B) COMPUTATION OF INCREASE.—For each 

19 of the worldwide levels described in subpara20 graph (A), the number computed under this sub21 paragraph is the difference (if any) between the 

22 worldwide level established for the previous fiscal 

23 year under the applicable subsection of section 

24 201 of the Immigration and Nationality Act (8 

25 U.S.C. 1151) and the number of visas that were, 
1971 

•HR 925 EAH 

1 during the previous fiscal year, issued and used 

2 as the basis for an application for admission 

3 into the United States as an immigrant de4 scribed in the applicable subsection. 

5 (C) CLARIFICATIONS.— 

6 (i) ALLOCATION AMONG PREFERENCE

7 CATEGORIES.—The additional visas made 

8 available for fiscal years 2021 and 2022 as 

9 a result of the computations made under 

10 subparagraphs (A) and (B) shall be propor11 tionally allocated as set forth in subsections 

12 (a), (b), and (c) of section 203 of the Immi13 gration and Nationality Act (8 U.S.C. 

14 1153). 

15 (ii) ELIMINATION OF FALL ACROSS.— 

16 For fiscal years 2021 and 2022, the number 

17 computed under subsection (c)(3)(C) of sec18 tion 201 of the Immigration and Nation19 ality Act (8 U.S.C. 1151), and the number 

20 computed under subsection (d)(2)(C) of such 

21 section, are deemed to equal zero. 

22 (iii) DIVERSITY VISAS.—The addi23 tional visas made available for fiscal year 

24 2021 for the worldwide level of diversity im25 migrants under subsection (e) of section 201 
1972 

•HR 925 EAH 

1 of the Immigration and Nationality Act (8 

2 U.S.C. 1151) as a result of the computa3 tions made under subparagraphs (A) and 

4 (B) shall be first made available to diversity 

5 immigrants selected in the lottery for fiscal 

6 year 2020. 

7 (c) VOLUNTARY DEPARTURE.—Notwithstanding sec8 tion 240B of the Immigration and Nationality Act (8 

9 U.S.C. 1229c), if a period for voluntary departure under 

10 such section expires or expired during the period described 

11 in subsection (d), such voluntary departure period is ex12 tended until the date that is 90 days after the end of such 

13 period. 

14 (d) PERIOD DESCRIBED.—The period described in this 

15 subsection— 

16 (1) begins on the first day of the public health 

17 emergency declared by the Secretary of Health and 

18 Human Services under section 319 of the Public 

19 Health Service Act (42 U.S.C. 247d) with respect to 

20 COVID–19; and 

21 (2) ends 90 days after the date on which such 

22 public health emergency terminates. 
1973 

•HR 925 EAH 

1 SEC. 102. TEMPORARY ACCOMMODATIONS FOR NATU2 RALIZATION OATH CEREMONIES DUE TO PUB3 LIC HEALTH EMERGENCY. 

4 (a) REMOTE OATH CEREMONIES.—Not later than 30 

5 days after the date of the enactment of this title, the Sec6 retary of Homeland Security shall establish procedures for 

7 the administration of the oath of renunciation and alle8 giance under section 337 of the Immigration and Nation9 ality Act (8 U.S.C. 1448) using remote videoconferencing, 

10 or other remote means for individuals who cannot reason11 ably access remote videoconferencing, as an alternative to 

12 an in-person oath ceremony. 

13 (b) ELIGIBLE INDIVIDUALS.—Notwithstanding section 

14 310(b) of the Immigration and Nationality Act (8 U.S.C. 

15 1421(b)), an individual may complete the naturalization 

16 process by participating in a remote oath ceremony con17 ducted pursuant to subsection (a) if such individual— 

18 (1) has an approved application for naturaliza19 tion; 

20 (2) is unable otherwise to complete the natu21 ralization process due to the cancellation or suspen22 sion of in-person oath ceremonies during the public 

23 health emergency declared by the Secretary of Health 

24 and Human Services under section 319 of the Public 

25 Health Service Act (42 U.S.C. 247d) with respect to 

26 COVID–19; and 
1974 

•HR 925 EAH 

1 (3) elects to participate in a remote oath cere2 mony in lieu of waiting for in-person ceremonies to 

3 resume. 

4 (c) ADDITIONAL REQUIREMENTS.—Upon establishing 

5 the procedures described in subsection (a), the Secretary of 

6 Homeland Security shall— 

7 (1) without undue delay, provide written notice 

8 to individuals described in subsection (b)(1) of the op9 tion of participating in a remote oath ceremony in 

10 lieu of a participating in an in-person ceremony; 

11 (2) to the greatest extent practicable, ensure that 

12 remote oath ceremonies are administered to individ13 uals who elect to participate in such a ceremony not 

14 later than 30 days after the individual so notifies the 

15 Secretary; and 

16 (3) administer oath ceremonies to all other eligi17 ble individuals as expeditiously as possible after the 

18 end of the public health emergency referred to in sub19 section (b)(2). 

20 (d) AVAILABILITY OF REMOTE OPTION.—The Sec21 retary of Homeland Security shall begin administering re22 mote oath ceremonies on the date that is 60 days after the 

23 date of the enactment of this title and shall continue admin24 istering such ceremonies until a date that is not earlier than 
1975 

•HR 925 EAH 

1 90 days after the end of the public health emergency referred 

2 to in subsection (b)(2). 

3 (e) CLARIFICATION.—Failure to appear for a remote 

4 oath ceremony shall not create a presumption that the indi5 vidual has abandoned his or her intent to be naturalized. 

6 (f) REPORT TO CONGRESS.—Not later than 180 days 

7 after the end of the public health emergency referred to in 

8 subsection (b)(2), the Secretary of Homeland Security shall 

9 submit a report to Congress that identifies, for each State 

10 and political subdivision of a State, the number of— 

11 (1) individuals who were scheduled for an in12 person oath ceremony that was cancelled due to such 

13 public health emergency; 

14 (2) individuals who were provided written notice 

15 pursuant to subsection (c)(1) of the option of partici16 pating in a remote oath ceremony; 

17 (3) individuals who elected to participate in a 

18 remote oath ceremony in lieu of an in-person public 

19 ceremony; 

20 (4) individuals who completed the naturalization 

21 process by participating in a remote oath ceremony; 

22 and 

23 (5) remote oath ceremonies that were conducted 

24 within the period described in subsection (d). 
1976 

•HR 925 EAH 

1 SEC. 103. TEMPORARY PROTECTIONS FOR ESSENTIAL CRIT2 ICAL INFRASTRUCTURE WORKERS. 

3 (a) PROTECTIONS FOR ESSENTIAL CRITICAL INFRA4 STRUCTURE WORKERS.—During the period described in 

5 subsection (e), an alien described in subsection (d) shall be 

6 deemed to be in a period of deferred action and authorized 

7 for employment for purposes of section 274A of the Immi8 gration and Nationality Act (8 U.S.C. 1324a). 

9 (b) EMPLOYER PROTECTIONS.—During the period de10 scribed in subsection (e), the hiring, employment, or contin11 ued employment of an alien described in subsection (d) is 

12 not a violation of section 274A(a) of the Immigration and 

13 Nationality Act (8 U.S.C. 1324a(a)). 

14 (c) CLARIFICATION.—Nothing in this section shall be 

15 deemed to require an alien described in subsection (d), or 

16 such alien’s employer— 

17 (1) to submit an application for employment au18 thorization or deferred action, or register with, or pay 

19 a fee to, the Secretary of Homeland Security or the 

20 head of any other Federal agency; or 

21 (2) to appear before an agent of the Department 

22 of Homeland Security or any other Federal agency 

23 for an interview, examination, or any other purpose. 

24 (d) ALIENS DESCRIBED.—An alien is described in this 

25 subsection if the alien— 

26 (1) on the date of the enactment of this title— 
1977 

•HR 925 EAH 

1 (A) is physically present in the United 

2 States; and 

3 (B) is inadmissible to, or deportable from, 

4 the United States; and 

5 (2) engaged in essential critical infrastructure 

6 labor or services in the United States prior to the pe7 riod described in subsection (e) and continues to en8 gage in such labor or services during such period. 

9 (e) PERIOD DESCRIBED.—The period described in this 

10 subsection— 

11 (1) begins on the first day of the public health 

12 emergency declared by the Secretary of Health and 

13 Human Services under section 319 of the Public 

14 Health Service Act (42 U.S.C. 247d) with respect to 

15 COVID–19; and 

16 (2) ends 90 days after the date on which such 

17 public health emergency terminates. 

18 (f) ESSENTIAL CRITICAL INFRASTRUCTURE LABOR OR

19 SERVICES.—For purposes of this section, the term ‘‘essen20 tial critical infrastructure labor or services’’ means labor 

21 or services performed in an essential critical infrastructure 

22 sector, as described in the ‘‘Advisory Memorandum on Iden23 tification of Essential Critical Infrastructure Workers Dur24 ing COVID–19 Response’’, revised by the Department of 

25 Homeland Security on April 17, 2020. 
1978 

•HR 925 EAH 

1 SEC. 104. SUPPLEMENTING THE COVID RESPONSE WORK2 FORCE. 

3 (a) EXPEDITED GREEN CARDS FOR CERTAIN PHYSI4 CIANS IN THE UNITED STATES.— 

5 (1) IN GENERAL.—During the period described 

6 in paragraph (3), an alien described in paragraph 

7 (2) may apply to acquire the status of an alien law8 fully admitted to the United States for permanent 

9 residence consistent with section 201(b)(1) of the Im10 migration and Nationality Act (8 U.S.C. 1151(b)(1)). 

11 (2) ALIEN DESCRIBED.—An alien described in 

12 this paragraph is an alien physician (and the spouse 

13 and children of such alien) who— 

14 (A) has an approved immigrant visa peti15 tion under section 203(b)(2)(B)(ii) of the Immi16 gration and Nationality Act (8 U.S.C. 

17 1153(b)(2)(B)(ii)) and has completed the service 

18 requirements for a waiver under such section on 

19 or before the date of the enactment of this title; 

20 and 

21 (B) provides a statement to the Secretary of 

22 Homeland Security attesting that the alien is 

23 engaged in or will engage in the practice of med24 icine or medical research involving the diagnosis, 

25 treatment, or prevention of COVID–19. 
1979 

•HR 925 EAH 

1 (3) PERIOD DESCRIBED.—The period described 

2 in this paragraph is the period beginning on the date 

3 of the enactment of this title and ending 180 days 

4 after the termination of the public health emergency 

5 declared by the Secretary of Health and Human 

6 Services under section 319 of the Public Health Serv7 ice Act (42 U.S.C. 247d), with respect to COVID–19. 

8 (b) EXPEDITED PROCESSING OF NONIMMIGRANT PETI9 TIONS AND APPLICATIONS.— 

10 (1) IN GENERAL.—In accordance with the proce11 dures described in paragraph (2), the Secretary of 

12 Homeland Security shall expedite the processing of 

13 applications and petitions seeking employment or 

14 classification of an alien as a nonimmigrant to prac15 tice medicine, provide healthcare, engage in medical 

16 research, or participate in a graduate medical edu17 cation or training program involving the diagnosis, 

18 treatment, or prevention of COVID–19. 

19 (2) APPLICATIONS OR PETITIONS FOR NEW EM20 PLOYMENT OR CHANGE OF STATUS.— 

21 (A) INITIAL REVIEW.—Not later than 15 

22 days after the Secretary of Homeland Security 

23 receives an application or petition for new em24 ployment or change of status described in para25 graph (1), the Secretary shall conduct an initial 
1980 

•HR 925 EAH 

1 review of such application or petition and, if ad2 ditional evidence is required, shall issue a re3 quest for evidence. 

4 (B) DECISION.— 

5 (i) IN GENERAL.—The Secretary of 

6 Homeland Security shall issue a final deci7 sion on an application or petition described 

8 in paragraph (1) not later than 30 days 

9 after receipt of such application or petition, 

10 or, if a request for evidence is issued, not 

11 later than 15 days after the Secretary re12 ceives the applicant or petitioner’s response 

13 to such request. 

14 (ii) E-MAIL.—In addition to delivery 

15 through regular mail services, decisions de16 scribed in clause (i) shall be transmitted to 

17 the applicant or petitioner via electronic 

18 mail, if the applicant or petitioner provides 

19 the Secretary of Homeland Security with 

20 an electronic mail address. 

21 (3) TERMINATION.—This subsection shall take ef22 fect on the date of the enactment of this title and shall 

23 cease to be effective on the date that is 180 days after 

24 the termination of the public health emergency de25 clared by the Secretary of Health and Human Serv-
1981 

•HR 925 EAH 

1 ices under section 319 of the Public Health Service 

2 Act (42 U.S.C. 247d), with respect to COVID–19. 

3 (c) EMERGENCY VISA PROCESSING.— 

4 (1) VISA PROCESSING.— 

5 (A) IN GENERAL.—The Secretary of State 

6 shall prioritize the processing of applications 

7 submitted by aliens who are seeking a visa based 

8 on an approved nonimmigrant petition to prac9 tice medicine, provide healthcare, engage in med10 ical research, or participate in a graduate med11 ical education or training program involving the 

12 diagnosis, treatment, or prevention of COVID– 

13 19. 

14 (B) INTERVIEW.— 

15 (i) IN GENERAL.—The Secretary of 

16 State shall ensure that visa appointments 

17 are scheduled for aliens described in sub18 paragraph (A) not later than 7 business 

19 days after the alien requests such an ap20 pointment. 

21 (ii) SUSPENSION OF ROUTINE VISA

22 SERVICES.—If routine visa services are un23 available in the alien’s home country— 

24 (I) the U.S. embassy or consulate 

25 in the alien’s home country shall— 
1982 

•HR 925 EAH 

1 (aa) conduct the visa inter2 view with the alien via video-tele3 conferencing technology; or 

4 (bb) grant an emergency visa 

5 appointment to the alien not later 

6 than 10 business days after the 

7 alien requests such an appoint8 ment; or 

9 (II) the alien may seek a visa ap10 pointment at any other U.S. embassy 

11 or consulate where routine visa services 

12 are available, and such embassy or 

13 consulate shall make every reasonable 

14 effort to provide the alien with an ap15 pointment within 10 business days 

16 after the alien requests such an ap17 pointment. 

18 (2) INTERVIEW WAIVERS.—Except as provided in 

19 section 222(h)(2) of the Immigration and Nationality 

20 Act (8 U.S.C. 1202(h)(2)), the Secretary of State shall 

21 waive the interview of any alien seeking a non22 immigrant visa based on an approved petition de23 scribed in paragraph (1)(A), if— 

24 (A) such alien is applying for a visa— 
1983 

•HR 925 EAH 

1 (i) not more than 3 years after the 

2 date on which such alien’s prior visa ex3 pired; 

4 (ii) in the visa classification for which 

5 such prior visa was issued; and 

6 (iii) at a consular post located in the 

7 alien’s country of residence or, if otherwise 

8 required by regulation, country of nation9 ality; and 

10 (B) the consular officer has no indication 

11 that such alien has failed to comply with the im12 migration laws and regulations of the United 

13 States. 

14 (3) TERMINATION.—This subsection shall take ef15 fect on the date of the enactment of this title and shall 

16 cease to be effective on the date that is 180 days after 

17 the termination of the public health emergency de18 clared by the Secretary of Health and Human Serv19 ices under section 319 of the Public Health Service 

20 Act (42 U.S.C. 274d), with respect to COVID–19. 

21 (d) IMPROVING MOBILITY OF NONIMMIGRANT COVID– 

22 19 WORKERS.— 

23 (1) LICENSURE.—Notwithstanding section 

24 212(j)(2) of the Immigration and Nationality Act (8 

25 U.S.C. 1182(j)(2)), for the period described in para-
1984 

•HR 925 EAH 

1 graph (6), the Secretary of Homeland Security may 

2 approve a petition for classification as a non3 immigrant described under section 

4 101(a)(15)(H)(i)(b) of such Act, filed on behalf of a 

5 physician for purposes of performing direct patient 

6 care if such physician possesses a license or other au7 thorization required by the State of intended employ8 ment to practice medicine, or is eligible for a waiver 

9 of such requirement pursuant to an executive order, 

10 emergency rule, or other action taken by the State to 

11 modify or suspend regular licensing requirements in 

12 response to the COVID–19 public health emergency. 

13 (2) TEMPORARY LIMITATIONS ON AMENDED H–1B

14 PETITIONS.— 

15 (A) IN GENERAL.—Notwithstanding any 

16 other provision of law, the Secretary of Home17 land Security shall not require an employer of a 

18 nonimmigrant alien described in section 

19 101(a)(15)(H)(i)(b) of the Immigration and Na20 tionality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) to 

21 file an amended or new petition under section 

22 214(a) of such Act (8 U.S.C. 1184(a)) if upon 

23 transferring such alien to a new area of employ24 ment, the alien will practice medicine, provide 

25 healthcare, or engage in medical research involv-
1985 

•HR 925 EAH 

1 ing the diagnosis, treatment, or prevention of 

2 COVID–19. 

3 (B) CLARIFICATION ON TELEMEDICINE.— 

4 Nothing in the Immigration and Nationality Act 

5 or any other provision of law shall be construed 

6 to require an employer of a nonimmigrant alien 

7 described in section 101(a)(15)(H)(i)(b) of the 

8 Immigration and Nationality Act (8 U.S.C. 

9 1101(a)(15)(H)(i)(b)) to file an amended or new 

10 petition under section 214(a) of such Act (8 

11 U.S.C. 1184(a)) if the alien is a physician or 

12 other healthcare worker who will provide remote 

13 patient care through the use of real-time audio14 video communication tools to consult with pa15 tients and other technologies to collect, analyze, 

16 and transmit medical data and images. 

17 (3) PERMISSIBLE WORK ACTIVITIES FOR J–1

18 PHYSICIANS.— 

19 (A) IN GENERAL.—Notwithstanding any 

20 other provision of law, the diagnosis, treatment, 

21 or prevention of COVID–19 shall be considered 

22 an integral part of a graduate medical education 

23 or training program and a nonimmigrant de24 scribed in section 101(a)(15)(J) of the Immigra25 tion and Nationality Act (8 U.S.C. 
1986 

•HR 925 EAH 

1 1101(a)(15)(J)) who is participating in such a 

2 program— 

3 (i) may be redeployed to a new rota4 tion within the host training institution as 

5 needed to engage in COVID–19 work; and 

6 (ii) may receive compensation for such 

7 work. 

8 (B) OTHER PERMISSIBLE EMPLOYMENT AC9 TIVITIES.—A nonimmigrant described in section 

10 101(a)(15)(J) of the Immigration and Nation11 ality Act (8 U.S.C. 1101(a)(15)(J)) who is par12 ticipating in a graduate medical education or 

13 training program may engage in work outside 

14 the scope of the approved program, if— 

15 (i) the work involves the diagnosis, 

16 treatment, or prevention of COVID–19; 

17 (ii) the alien has maintained lawful 

18 nonimmigrant status and has otherwise 

19 complied with the terms of the education or 

20 training program; and 

21 (iii) the program sponsor approves the 

22 additional work by annotating the non23 immigrant’s Certificate of Eligibility for 

24 Exchange Visitor (J–1) Status (Form DS– 

25 2019) and notifying the Immigration and 
1987 

•HR 925 EAH 

1 Customs Enforcement Student and Ex2 change Visitor Program of the approval of 

3 such work. 

4 (C) CLARIFICATION ON TELEMEDICINE.— 

5 Section 214(l)(1)(D) of the Immigration and Na6 tionality Act (8 U.S.C. 1184(l)(1)(D)) may be 

7 satisfied through the provision of care to patients 

8 located in areas designated by the Secretary of 

9 Health and Human Services as having a short10 age of health care professionals, through the phy11 sician’s use of real-time audio-video communica12 tion tools to consult with patients and other tech13 nologies to collect, analyze, and transmit medical 

14 data and images. 

15 (4) PORTABILITY OF O–1 NONIMMIGRANTS.—A 

16 nonimmigrant who was previously issued a visa or 

17 otherwise provided nonimmigrant status under sec18 tion 101(a)(15)(O)(i) of the Immigration and Nation19 ality Act (8 U.S.C. 1101(a)(15)(O)(i)), and is seeking 

20 an extension of such status, is authorized to accept 

21 new employment under the terms and conditions de22 scribed in section 214(n) of such Act (8 U.S.C. 

23 1184(n)). 

24 (5) INCREASING THE ABILITY OF PHYSICIANS TO

25 CHANGE NONIMMIGRANT STATUS.— 
1988 

•HR 925 EAH 

1 (A) CHANGE OF NONIMMIGRANT CLASSI2 FICATION.—Section 248(a) of the Immigration 

3 and Nationality Act (8 U.S.C. 1184(l)), is 

4 amended— 

5 (i) in paragraph (1), by inserting 

6 ‘‘and’’ after the comma at the end; 

7 (ii) by striking paragraphs (2) and 

8 (3); and 

9 (iii) by redesignating paragraph (4) as 

10 paragraph (2). 

11 (B) ADMISSION OF NONIMMIGRANTS.—Sec12 tion 214(l)(2)(A) of the Immigration and Na13 tionality Act (8 U.S.C. 1184(l)(2)(A)) is amend14 ed by striking ‘‘Notwithstanding section 

15 248(a)(2), the’’ and inserting ‘‘The’’. 

16 (6) TERMINATION.—This subsection shall take ef17 fect on the date of the enactment of this title and ex18 cept as provided in paragraphs (2)(B), (3)(C), (4), 

19 and (5), shall cease to be effective on that date that 

20 is 180 days after the termination of the public health 

21 emergency declared by the Secretary of Health and 

22 Human Services under section 319 of the Public 

23 Health Service Act (42 U.S.C. 247d), with respect to 

24 COVID–19. 

25 (e) CONRAD 30 PROGRAM.— 
1989 

•HR 925 EAH 

1 (1) PERMANENT AUTHORIZATION.—Section 

2 220(c) of the Immigration and Nationality Technical 

3 Corrections Act of 1994 (Public Law 103–416; 8 

4 U.S.C. 1182 note) is amended by striking ‘‘and before 

5 September 30, 2015’’. 

6 (2) ADMISSION OF NONIMMIGRANTS.—Section 

7 214(l) of the Immigration and Nationality Act (8 

8 U.S.C. 1184(l)), is amended— 

9 (A) in paragraph (1)(B)— 

10 (i) by striking ‘‘30’’ and inserting 

11 ‘‘35’’; and 

12 (ii) by inserting ‘‘, except as provided 

13 in paragraph (4)’’ before the semicolon at 

14 the end; and 

15 (B) by adding at the end the following: 

16 ‘‘(4) ADJUSTMENT IN WAIVER NUMBERS.— 

17 ‘‘(A) INCREASES.— 

18 ‘‘(i) IN GENERAL.—Except as provided 

19 in clause (ii), if in any fiscal year, not less 

20 than 90 percent of the waivers provided 

21 under paragraph (1)(B) are utilized by 

22 States receiving at least 5 such waivers, the 

23 number of such waivers allotted to each 

24 State shall increase by 5 for each subsequent 

25 fiscal year. 
1990 

•HR 925 EAH 

1 ‘‘(ii) EXCEPTION.—If 45 or more waiv2 ers are allotted to States in any fiscal year, 

3 an increase of 5 waivers in subsequent fiscal 

4 years shall be provided only in the case that 

5 not less than 95 percent of such waivers are 

6 utilized by States receiving at least 1 waiv7 er. 

8 ‘‘(B) DECREASES.—If in any fiscal year in 

9 which there was an increase in waivers, the total 

10 number of waivers utilized is 5 percent lower 

11 than in the previous fiscal year, the number of 

12 such waivers allotted to each State shall decrease 

13 by 5 for each subsequent fiscal year, except that 

14 in no case shall the number of waivers allotted 

15 to each State drop below 35.’’. 

16 (f) TEMPORARY PORTABILITY FOR PHYSICIANS AND

17 CRITICAL HEALTHCARE WORKERS IN RESPONSE TO

18 COVID–19 PUBLIC HEALTH EMERGENCY.— 

19 (1) IN GENERAL.—Not later than 30 days after 

20 the date of the enactment of this title, the Secretary 

21 of Homeland Security, in consultation with the Sec22 retary of Labor and the Secretary of Health and 

23 Human Services, shall establish emergency procedures 

24 to provide employment authorization to aliens de25 scribed in paragraph (2), for purposes of facilitating 
1991 

•HR 925 EAH 

1 the temporary deployment of such aliens to practice 

2 medicine, provide healthcare, or engage in medical re3 search involving the diagnosis, treatment, or preven4 tion of COVID–19. 

5 (2) ALIENS DESCRIBED.—An alien described in 

6 this paragraph is an alien who is— 

7 (A) physically present in the United States; 

8 (B) maintaining lawful nonimmigrant sta9 tus that authorizes employment with a specific 

10 employer incident to such status; and 

11 (C) working in the United States in a 

12 healthcare occupation essential to COVID–19 re13 sponse, as determined by the Secretary of Health 

14 and Human Services. 

15 (3) EMPLOYMENT AUTHORIZATION.— 

16 (A) APPLICATION.— 

17 (i) IN GENERAL.—The Secretary of 

18 Homeland Security may grant employment 

19 authorization to an alien described in para20 graph (2) if such alien submits an Applica21 tion for Employment Authorization (Form 

22 I–765 or any successor form), which shall 

23 include— 

24 (I) evidence of the alien’s current 

25 nonimmigrant status; 
1992 

•HR 925 EAH 

1 (II) copies of the alien’s academic 

2 degrees and any licenses, credentials, 

3 or other documentation confirming au4 thorization to practice in the alien’s 

5 occupation; and 

6 (III) any other evidence deter7 mined necessary by the Secretary of 

8 Homeland Security to establish by a 

9 preponderance of the evidence that the 

10 alien meets the requirements of para11 graph (2). 

12 (ii) CONVERSION OF PENDING APPLICA13 TIONS.—The Secretary of Homeland Secu14 rity shall establish procedures for the adju15 dication of any employment authorization 

16 applications for aliens described in para17 graph (2) that are pending on the date of 

18 the enactment of this title, and the issuance 

19 of employment authorization documents in 

20 connection with such applications in ac21 cordance with the terms and conditions of 

22 this subsection, upon request by the appli23 cant. 

24 (B) FEES.—The Secretary of Homeland Se25 curity shall collect a fee for the processing of ap-
1993 

•HR 925 EAH 

1 plications for employment authorization as pro2 vided under this paragraph. 

3 (C) REQUEST FOR EVIDENCE.—If all re4 quired initial evidence has been submitted under 

5 this subsection but such evidence does not estab6 lish eligibility, the Secretary of Homeland Secu7 rity shall issue a request for evidence not later 

8 than 15 days after receipt of the application for 

9 employment authorization. 

10 (D) DECISION.—The Secretary of Home11 land Security shall issue a final decision on an 

12 application for employment authorization under 

13 this subsection not later than 30 days after re14 ceipt of such application, or, if a request for evi15 dence is issued, not later than 15 days after the 

16 Secretary receives the alien’s response to such re17 quest. 

18 (E) EMPLOYMENT AUTHORIZATION CARD.— 

19 An employment authorization document issued 

20 under this subsection shall— 

21 (i) be valid for a period of not less 

22 than 1 year; 

23 (ii) include the annotation ‘‘COVID– 

24 19’’; and 
1994 

•HR 925 EAH 

1 (iii) notwithstanding any other provi2 sion of law, allow the bearer of such docu3 ment to engage in employment during its 

4 validity period, with any United States em5 ployer to perform services described in 

6 paragraph (1). 

7 (F) RENEWAL.—Subject to paragraph (5), 

8 the Secretary of Homeland Security may renew 

9 an employment authorization document issued 

10 under this subsection in accordance with proce11 dures established by the Secretary. 

12 (G) CLARIFICATIONS.— 

13 (i) MAINTENANCE OF STATUS.—Not14 withstanding a reduction in hours or ces15 sation of work with the employer that peti16 tioned for the alien’s underlying non17 immigrant status, an alien granted employ18 ment authorization under this subsection, 

19 and the spouse and children of such alien 

20 shall, for the period of such authorization, 

21 be deemed— 

22 (I) to be lawfully present in the 

23 United States; and 

24 (II) to have continuously main25 tained the alien’s underlying non-
1995 

•HR 925 EAH 

1 immigrant status for purposes of an 

2 extension of such status, a change of 

3 nonimmigrant status under section 

4 248 of the Immigration and Nation5 ality Act (8 U.S.C. 1258), or adjust6 ment of status under section 245 of 

7 such Act (8 U.S.C. 1255). 

8 (ii) LIMITATIONS.—An employment 

9 authorization document described in sub10 paragraph (E) may not be— 

11 (I) utilized by the alien to engage 

12 in any employment other than that 

13 which is described in paragraph (1); or 

14 (II) accepted by an employer as 

15 evidence of authorization under section 

16 274A(b)(1)(C) of the Immigration and 

17 Nationality Act (8 U.S.C. 

18 1324a(b)(1)(C)), to engage in employ19 ment other than that which is de20 scribed in paragraph (1). 

21 (4) TREATMENT OF TIME SPENT ENGAGING IN

22 COVID–19-RELATED WORK.—Notwithstanding any 

23 other provision of law, time spent by an alien physi24 cian engaged in direct patient care involving the di-
1996 

•HR 925 EAH 

1 agnosis, treatment, or prevention of COVID–19 shall 

2 count towards— 

3 (A) the 5 years that an alien is required to 

4 work as a full-time physician for purposes of a 

5 national interest waiver under section 

6 203(b)(2)(B)(ii) of the Immigration and Nation7 ality Act (8 U.S.C. 1153(b)(2)(B)(ii)); and 

8 (B) the 3 years that an alien is required to 

9 work as a full-time physician for purposes of a 

10 waiver of the 2-year foreign residence require11 ment under section 212(e) of the Immigration 

12 and Nationality Act (8 U.S.C. 1182(e)), as pro13 vided in section 214(l) of such Act (8 U.S.C. 

14 1184(l)). 

15 (5) EXTENSION OR TERMINATION.—The proce16 dures described in paragraph (1) shall take effect on 

17 the date that is 30 days after the date of the enact18 ment of this title and shall remain in effect until 180 

19 days after the termination of the public health emer20 gency declared by the Secretary of Health and 

21 Human Services under section 319 of the Public 

22 Health Service Act (42 U.S.C. 247d), with respect to 

23 COVID–19. 

24 (g) SPECIAL IMMIGRANT STATUS FOR NONIMMIGRANT

25 COVID–19 WORKERS AND THEIR FAMILIES.— 
1997 

•HR 925 EAH 

1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security may grant a petition for special immigrant 

3 classification to an alien described in paragraph (2) 

4 (and the spouse and children of such alien) if the 

5 alien files a petition for special immigrant status 

6 under section 204 of the Immigration and Nation7 ality Act (8 U.S.C. 1154) for classification under sec8 tion 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)). 

9 (2) ALIENS DESCRIBED.—An alien is described 

10 in this paragraph if, during the period beginning on 

11 the date that the COVID–19 public health emergency 

12 was declared by the Secretary of Health and Human 

13 Services under section 319 of the Public Health Serv14 ice Act (42 U.S.C. 247d) and ending 180 days after 

15 the termination of such emergency, the alien was— 

16 (A) authorized for employment in the 

17 United States and maintaining a nonimmigrant 

18 status; and 

19 (B) engaged in the practice of medicine, 

20 provision of healthcare services, or medical re21 search involving the diagnosis, treatment, or pre22 vention of COVID–19 disease. 

23 (3) PRIORITY DATE.—Subject to paragraph (5), 

24 immigrant visas under paragraph (1) shall be made 

25 available to aliens in the order in which a petition 
1998 

•HR 925 EAH 

1 on behalf of each such alien is filed with the Secretary 

2 of Homeland Security, except that an alien shall 

3 maintain any priority date that was assigned with 

4 respect to an immigrant visa petition or application 

5 for labor certification that was previously filed on be6 half of such alien. 

7 (4) PROTECTIONS FOR SURVIVING SPOUSES AND

8 CHILDREN.— 

9 (A) SURVIVING SPOUSES AND CHILDREN.— 

10 Notwithstanding the death of an alien described 

11 in paragraph (2), the Secretary of State may 

12 approve an application for an immigrant visa, 

13 and the Secretary of Homeland Security may 

14 approve an application for adjustment of status 

15 to lawful permanent resident, filed by or on be16 half of a spouse or child of such alien. 

17 (B) AGE-OUT PROTECTION.—For purposes 

18 of an application for an immigrant visa or ad19 justment of status filed by or on behalf of a child 

20 of an alien described in paragraph (2), the deter21 mination of whether the child satisfies the age re22 quirement under section 101(b)(1) of the Immi23 gration and Nationality Act (8 U.S.C. 

24 1101(b)(1)) shall be made using the age of the 
1999 

•HR 925 EAH 

1 child on the date the immigrant visa petition 

2 under paragraph (1) was approved. 

3 (C) CONTINUATION OF NONIMMIGRANT STA4 TUS.—A spouse or child of an alien described in 

5 paragraph (2) shall be considered to have main6 tained lawful nonimmigrant status until the ear7 lier of the date— 

8 (i) on which the Secretary of Home9 land Security accepts for filing, an applica10 tion for adjustment of status based on a pe11 tition described in paragraph (1); or 

12 (ii) that is 2 years after the date of the 

13 principal nonimmigrant’s death. 

14 (5) NUMERICAL LIMITATIONS.— 

15 (A) IN GENERAL.—The total number of 

16 principal aliens who may be provided special 

17 immigrant status under this subsection may not 

18 exceed 4,000 per year for each of the 3 fiscal 

19 years beginning after the date of the enactment 

20 of this title. 

21 (B) EXCLUSION FROM NUMERICAL LIMITA22 TIONS.—Aliens provided special immigrant sta23 tus under this subsection shall not be counted 

24 against any numerical limitations under section 

25 201(d), 202(a), or 203(b)(4) of the Immigration 
2000 

•HR 925 EAH 

1 and Nationality Act (8 U.S.C. 1151(d), 1152(a), 

2 or 1153(b)(4)). 

3 (C) CARRY FORWARD.—If the numerical 

4 limitation specified in subparagraph (A) is not 

5 reached during a given fiscal year referred to in 

6 such subparagraph, the numerical limitation 

7 specified in such subparagraph for the following 

8 fiscal year shall be increased by a number equal 

9 to the difference between— 

10 (i) the numerical limitation specified 

11 in subparagraph (A) for the given fiscal 

12 year; and 

13 (ii) the number of principal aliens 

14 provided special immigrant status under 

15 this subsection during the given fiscal year. 

16 SEC. 105. ICE DETENTION. 

17 (a) REVIEWING ICE DETENTION.—During the public 

18 health emergency declared by the Secretary of Health and 

19 Human Services under section 319 of the Public Health 

20 Service Act (42 U.S.C. 247d) with respect to COVID–19, 

21 the Secretary of Homeland Security shall review the immi22 gration files of all individuals in the custody of U.S. Immi23 gration and Customs Enforcement to assess the need for 

24 continued detention. The Secretary of Homeland Security 

25 shall prioritize for release on recognizance or alternatives 
2001 

•HR 925 EAH 

1 to detention individuals who are not subject to mandatory 

2 detention laws, unless the individual is a threat to public 

3 safety or national security. 

4 (b) ACCESS TO ELECTRONIC COMMUNICATIONS AND

5 HYGIENE PRODUCTS.—During the period described in sub6 section (c), the Secretary of Homeland Security shall ensure 

7 that— 

8 (1) all individuals in the custody of U.S. Immi9 gration and Customs Enforcement— 

10 (A) have access to telephonic or video com11 munication at no cost to the detained individual; 

12 (B) have access to free, unmonitored tele13 phone calls, at any time, to contact attorneys or 

14 legal service providers in a sufficiently private 

15 space to protect confidentiality; 

16 (C) are permitted to receive legal cor17 respondence by fax or email rather than postal 

18 mail; and 

19 (D) are provided sufficient soap, hand sani20 tizer, and other hygiene products; and 

21 (2) nonprofit organizations providing legal ori22 entation programming or know-your-rights program23 ming to individuals in the custody of U.S. Immigra24 tion and Customs Enforcement are permitted broad 

25 and flexible access to such individuals— 
2002 

•HR 925 EAH 

1 (A) to provide group presentations using re2 mote videoconferencing; and 

3 (B) to schedule and provide individual ori4 entations using free telephone calls or remote 

5 videoconferencing. 

6 (c) PERIOD DESCRIBED.—The period described in this 

7 subsection— 

8 (1) begins on the first day of the public health 

9 emergency declared by the Secretary of Health and 

10 Human Services under section 319 of the Public 

11 Health Service Act (42 U.S.C. 247d) with respect to 

12 COVID–19; and 

13 (2) ends 90 days after the date on which such 

14 public health emergency terminates. 

15 SEC. 106. CONDITION ON FURLOUGH. 

16 U.S. Citizenship and Immigration Services may not 

17 furlough any employee in any pay period in fiscal year 

18 2021 if the agency has sufficient available balances for com19 pensation for such employee during such pay period. 

20 SEC. 107. LIMITATION ON USE OF FUNDS BY OTHER AGEN21 CIES. 

22 Notwithstanding any other provision of law, none of 

23 the funds deposited into the Immigration Examinations Fee 

24 Account pursuant to subsection (m) or (u) of section 286 

25 of the Immigration and Nationality Act (8 U.S.C. 1356), 
2003 

•HR 925 EAH 

1 may be made available to any other Federal agency for such 

2 other agency’s purpose, unless such funds were made avail3 able to such agency for such purpose in fiscal year 2019. 

4 SEC. 108. CHIEF FINANCIAL OFFICER. 

5 (a) REPORT TO DIRECTOR.—The Chief Financial Offi6 cer of U.S. Citizenship and Immigration Services shall re7 port to the Director of U.S. Citizenship and Immigration 

8 Services. 

9 (b) REQUIRED CONSULTATION.—Prior to imple10 menting any substantive change to a policy, program, or 

11 process, the Director of U.S. Citizenship and Immigration 

12 Services shall consider the impact of such change on the 

13 agency’s revenue, expenditures, and reserve funding in con14 sultation with the agency’s Chief Financial Officer. 

15 SEC. 109. INDEPENDENT VERIFICATION AND VALIDATION 

16 REVIEW. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Director of U.S. Citizenship and Immigra19 tion Services shall submit to the Committees on the Judici20 ary of the House of Representatives and the Senate, and 

21 the Committees on Appropriations of the House of Rep22 resentatives and the Senate, the results and recommenda23 tions of an Independent Verification and Validation review 

24 of each model used by the agency to inform adjustments 
2004 

•HR 925 EAH 

1 of fees charged for the adjudication of immigration and citi2 zenship benefit requests. 

3 SEC. 110. REPORTING REQUIREMENT. 

4 (a) IN GENERAL.—In addition to the requirements of 

5 section 286(o) of the Immigration and Nationality Act (8 

6 U.S.C. 1356(o)), the Secretary of Homeland Security shall 

7 prepare a report on the fiscal status of U.S. Citizenship 

8 and Immigration Services that includes the following, 

9 disaggregated by funding source— 

10 (1) the annual operating plan broken out by di11 rectorate and program office within such agency, 

12 which shall include obligations and current year ex13 penditures for the preceding quarter, along with pro14 jected obligations and expenditures for the current 

15 quarter and the subsequent quarters; 

16 (2) fee receipts for each form type for the pre17 ceding quarter and estimates of such receipts for the 

18 current and subsequent quarter; 

19 (3) other agency expenses, including payments or 

20 transfers to other Federal agencies and general oper21 ating expenses; 

22 (4) the percentage of revenue generated from pre23 mium processing receipts used for the adjudication of 

24 non-premium benefit applications; 
2005 

•HR 925 EAH 

1 (5) carryover or reserve funding projections, obli2 gations, and expenditures; 

3 (6) productivity measurement data, by form 

4 type, directorate, and program office, measured 

5 against baseline capacity and workload volumes; 

6 (7) the impact on such measurement data from 

7 changes in personnel, technology usage, or processes; 

8 (8) processing times by program office and direc9 torate, disaggregated by form type; and 

10 (9) backlogs by form type, including petitions for 

11 family- and employment-based immigration benefits 

12 and for asylum and other humanitarian protections. 

13 (b) REVIEW.—The report required in subsection (a) 

14 shall be— 

15 (1) validated and reviewed by the Chief Finan16 cial Officer of the Department of Homeland Security; 

17 and 

18 (2) submitted to the Committees on the Judici19 ary of the Senate and the House of Representatives 

20 and the Committees on Appropriations of the Senate 

21 and the House of Representatives not later than 90 

22 days after the date of enactment of this Act and every 

23 180 days thereafter. 

24 (c) PUBLIC AVAILABILITY.—The information described 

25 in paragraphs (6) through (9) of subsection (a) shall also 
2006 

•HR 925 EAH 

1 be made available not later than 15 days after the end of 

2 each fiscal quarter on a publicly available website. 

3 (d) REVENUE EARNINGS REPORT.—Not later than 60 

4 days after the date of enactment of this Act and updated 

5 monthly thereafter, the Director of U.S. Citizenship and 

6 Immigration Services shall publish on a publicly available 

7 website in a downloadable, searchable, and sortable format 

8 a revenue earnings report that includes data beginning Oc9 tober 1, 2009, which shall be disaggregated by month and 

10 revenue source. 

11 (e) INDEPENDENT REVIEW.—The Comptroller General 

12 of the United States shall conduct an independent review 

13 of the first report submitted pursuant to subsection (b) and 

14 shall examine the circumstances that led to fiscal situation 

15 for U.S. Citizenship and Immigration Services for the fiscal 

16 years 2017 through 2020. 

17 TITLE II—PRISONS AND JAILS 

18 SEC. 201. SHORT TITLE. 

19 This title may be cited as the ‘‘Pandemic Justice Re20 sponse Act’’. 

21 SEC. 202. EMERGENCY COMMUNITY SUPERVISION ACT. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) As of the date of introduction of this Act, the 

24 novel coronavirus has spread to all 50 States, the Dis25 trict of Columbia, and at least 4 territories. 
2007 

•HR 925 EAH 

1 (2) As of September 27, 2020, more than 

2 7,119,400 people in the United States had been in3 fected with the coronavirus and at least 204,400 had 

4 died. 

5 (3) Although the United States has less than 5 

6 percent of the world’s population, the United States 

7 holds approximately 21 percent of the world’s pris8 oners and leads the world in the number of individ9 uals incarcerated, with nearly 2,200,000 people incar10 cerated in State and Federal prisons and local jails. 

11 (4) Studies have shown that individuals age out 

12 of crime starting around 25 years of age, and released 

13 individuals over the age of 50 have a very low recidi14 vism rate. 

15 (5) According to public health experts, incarcer16 ated individuals are particularly vulnerable to being 

17 gravely impacted by the novel corona virus pandemic 

18 because— 

19 (A) they have higher rates of underlying 

20 health issues than members of the general public, 

21 including higher rates of respiratory disease, 

22 heart disease, diabetes, obesity, HIV/AIDS, sub23 stance abuse, hepatitis, and other conditions that 

24 suppress immune response; and 
2008 

•HR 925 EAH 

1 (B) the close conditions and lack of access 

2 to hygiene products in prisons make these insti3 tutions unusually susceptible to viral pandemics. 

4 (6) The spread of communicable disease in the 

5 United States generally constitutes a serious, height6 ened threat to the safety of incarcerated individuals, 

7 and there is a serious threat to the general public that 

8 prisons may become incubators of community spread 

9 of communicable viral disease. 

10 (b) DEFINITIONS.—In this section: 

11 (1) COVERED HEALTH CONDITION.—The term 

12 ‘‘covered health condition’’ with respect to an indi13 vidual, means the individual— 

14 (A) is pregnant; 

15 (B) has chronic lung disease or asthma; 

16 (C) has congestive heart failure or coronary 

17 artery disease; 

18 (D) has diabetes; 

19 (E) has a neurological condition that weak20 ens the ability to cough or breathe; 

21 (F) has HIV; 

22 (G) has sickle cell anemia; 

23 (H) has cancer; or 

24 (I) has a weakened immune system. 
2009 

•HR 925 EAH 

1 (2) COVERED INDIVIDUAL.—The term ‘‘covered 

2 individual’’— 

3 (A) means an individual who— 

4 (i) is a juvenile (as defined in section 

5 5031 of title 18, United States Code); 

6 (ii) is 50 years of age or older; 

7 (iii) has a covered health condition; or 

8 (iv) is within 12 months of release 

9 from incarceration; and 

10 (B) includes an individual described in sub11 paragraph (A) who is serving a term of impris12 onment for an offense committed before November 

13 1, 1987, or who is serving a term of imprison14 ment in the custody of the Bureau of Prisons for 

15 a sentence imposed pursuant to a conviction for 

16 a criminal offense under the laws of the District 

17 of Columbia. 

18 (3) NATIONAL EMERGENCY RELATING TO A COM19 MUNICABLE DISEASE.—The term ‘‘national emergency 

20 relating to a communicable disease’’ means— 

21 (A) an emergency involving Federal pri22 mary responsibility determined to exist by the 

23 President under the section 501(b) of the Robert 

24 T. Stafford Disaster Relief and Emergency As-
2010 

•HR 925 EAH 

1 sistance Act (42 U.S.C. 5191(b)) with respect to 

2 a communicable disease; or 

3 (B) a national emergency declared by the 

4 President under the National Emergencies Act 

5 (50 U.S.C. 1601 et seq.) with respect to a com6 municable disease. 

7 (c) PLACEMENT OF CERTAIN INDIVIDUALS IN COMMU8 NITY SUPERVISION.— 

9 (1) AUTHORITY.—Except as provided in para10 graph (2), beginning on the date on which a national 

11 emergency relating to a communicable disease is de12 clared and ending on the date that is 60 days after 

13 such national emergency expires or is terminated— 

14 (A) notwithstanding any other provision of 

15 law, the Director of the Bureau of Prisons shall 

16 place in community supervision all covered indi17 viduals who are in the custody of the Bureau of 

18 Prisons; and 

19 (B) the district court of the United States 

20 for each judicial district shall place in commu21 nity supervision all covered individuals who are 

22 in the custody and care of the United States 

23 Marshals Service. 

24 (2) EXCEPTIONS.— 
2011 

•HR 925 EAH 

1 (A) BUREAU OF PRISONS.—In carrying out 

2 paragraph (1)(A), the Director— 

3 (i) may not place in community super4 vision any individual determined, by clear 

5 and convincing evidence, taking into ac6 count the individual’s offense of conviction, 

7 to be likely to pose a specific and substan8 tial risk of causing bodily injury to or 

9 using violent force against the person of an10 other; 

11 (ii) shall place in the file of each indi12 vidual described in clause (i) documenta13 tion of such determination, including the 

14 evidence used to make the determination; 

15 and 

16 (iii) not later than 180 days after the 

17 date on which the national emergency relat18 ing to a communicable disease expires, shall 

19 provide a report to Congress documenting— 

20 (I) the demographic data (includ21 ing race, gender, age, offense of convic22 tion, and criminal history level) of the 

23 individuals denied placement in com24 munity supervision under clause (i); 

25 and 
2012 

•HR 925 EAH 

1 (II) the justification for the deni2 als described in subclause (I). 

3 (B) DISTRICT COURTS.—In carrying out 

4 paragraph (1)(B), each district court of the 

5 United States— 

6 (i) shall conduct an immediate and ex7 pedited review of the detention orders of all 

8 covered individuals in the custody and care 

9 of the United States Marshals Service, 

10 which may be conducted sua sponte and ex 

11 parte, without— 

12 (I) appearance by the defendant 

13 or any party; or 

14 (II) requiring a petition, motion, 

15 or other similar document to be filed; 

16 (ii) may not place in community su17 pervision any individual if the court deter18 mines, after a hearing and the attorney for 

19 the Government shows by clear and con20 vincing evidence based on individualized 

21 facts, that detention is necessary because the 

22 individual’s release will pose a specific and 

23 substantial risk that the individual will 

24 cause bodily injury or use violent force 

25 against the person of another and that no 
2013 

•HR 925 EAH 

1 conditions of release will reasonably miti2 gate that risk; 

3 (iii) in carrying out clauses (i) and 

4 (ii), may— 

5 (I) rely on evidence presented in 

6 prior court proceedings; and 

7 (II) if the court determines it nec8 essary, request additional information 

9 from the parties to make the deter10 mination. 

11 (3) LIMITATION ON COMMUNITY SUPERVISION

12 PLACEMENT.—In placing covered individuals into 

13 community supervision under this section, the Direc14 tor of the Bureau of Prisons and the district court of 

15 the United States for each judicial district shall take 

16 into account and prioritize placements that enable 

17 adequate social distancing, which include home con18 finement or other forms of low in-person-contact su19 pervised release. 

20 (d) LIMITATION ON PRE-TRIAL DETENTION.— 

21 (1) NO BOND CONDITIONS ON RELEASE.—Not22 withstanding section 3142 of title 18, United States 

23 Code, beginning on the date on which a national 

24 emergency relating to a communicable disease is de25 clared and ending on the date that is 60 days after 
2014 

•HR 925 EAH 

1 such national emergency expires or is terminated, in 

2 imposing conditions of release, the judicial officer 

3 may not require payment of cash bail, proof of ability 

4 to pay an unsecured bond, execution of a bail bond, 

5 a solvent surety to co-sign a secured or unsecured 

6 bond, or posting of real property. 

7 (2) LIMITATION.— 

8 (A) IN GENERAL.—Beginning on the date 

9 on which a national emergency relating to a 

10 communicable disease is declared and ending on 

11 the date that is 60 days after such national 

12 emergency expires or is terminated, at any ini13 tial appearance hearing, detention hearing, hear14 ing on a motion for pretrial release, or any other 

15 hearing where the attorney for the Government is 

16 seeking the detention or continued detention of 

17 any individual, the judicial officer shall order 

18 the pretrial release of the individual on personal 

19 recognizance or on a condition or combination of 

20 conditions under section 3142(c) of title 18, 

21 United States Code, unless the attorney for the 

22 Government shows by clear and convincing evi23 dence based on individualized facts that deten24 tion is necessary because the individual’s release 

25 will pose a specific and substantial risk that the 
2015 

•HR 925 EAH 

1 individual will cause bodily injury or use violent 

2 force against the person of another and that no 

3 conditions of release will reasonably mitigate 

4 that risk. 

5 (B) REQUIRED CONSIDERATION OF CERTAIN

6 FACTORS.—If the judicial officer finds that the 

7 attorney for the Government has made the req8 uisite showing under subparagraph (A), the judi9 cial officer shall take into consideration, in de10 termining whether detention is necessary— 

11 (i) whether the individual’s age or 

12 medical condition renders them especially 

13 vulnerable; and 

14 (ii) whether detention will compromise 

15 the individual’s access to adequate medical 

16 treatment, access to medications, or ability 

17 to privately consult with counsel and mean18 ingfully prepare a defense. 

19 (C) JUVENILES.— 

20 (i) IN GENERAL.—Beginning on the 

21 date on which a national emergency relat22 ing to a communicable disease is declared 

23 and ending on the date that is 60 days after 

24 such national emergency expires or is ter25 minated, notwithstanding sections 5031 
2016 

•HR 925 EAH 

1 through 5035 of title 18, United States 

2 Code, and except as provided under clause 

3 (ii), in the case of a juvenile alleged to have 

4 committed an act of juvenile delinquency, 

5 the judicial officer shall release the juvenile 

6 to their parent, guardian, custodian, or 

7 other responsible party (including the direc8 tor of a shelter-care facility) upon their 

9 promise to bring such juvenile before the ap10 propriate court when requested by the judi11 cial officer. 

12 (ii) EXCEPTION.—A juvenile alleged to 

13 have committed an act of juvenile delin14 quency may be detained pending trial only 

15 if, at a hearing at which the juvenile is rep16 resented by counsel, the attorney for the 

17 Government shows by clear and convincing 

18 evidence based on individualized facts that 

19 detention is necessary because the juvenile’s 

20 release will pose a specific and substantial 

21 risk that the juvenile will use violent force 

22 against a reasonably identifiable person 

23 and that no conditions of release will rea24 sonably mitigate that risk, except that in no 

25 case may a judicial officer order the deten-
2017 

•HR 925 EAH 

1 tion of a juvenile if it will compromise the 

2 juvenile’s access to adequate medical treat3 ment, access to medications, or ability to 

4 privately consult with counsel and mean5 ingfully prepare a defense. 

6 (iii) LEAST RESTRICTIVE DETEN7 TION.—In the case that the judicial officer 

8 orders the detention of a juvenile under 

9 clause (ii), the judicial officer shall order 

10 the detention of the juvenile in the least re11 strictive and safest environment possible, 

12 taking the national emergency relating to a 

13 communicable disease into consideration. 

14 (iv) CONTENTS OF DETENTION

15 ORDER.—In the case that the judicial officer 

16 orders the detention of a juvenile under 

17 clause (ii), the judicial officer shall issue a 

18 written detention order that includes— 

19 (I) findings of fact; 

20 (II) the reasons for the detention; 

21 (III) a description of the risk 

22 identified under clause (ii); 

23 (IV) an explanation of why no 

24 conditions will reasonably mitigate the 

25 risk identified under clause (ii); 
2018 

•HR 925 EAH 

1 (V) a statement that detention 

2 will not compromise the juvenile’s ac3 cess to adequate medical treatment, ac4 cess to medications, or ability to pri5 vately consult with counsel and mean6 ingfully prepare a defense; and 

7 (VI) a statement establishing that 

8 the detention environment is the least 

9 restrictive and safest possible in ac10 cordance with the requirement under 

11 clause (iii). 

12 (e) LIMITATION ON SUPERVISED RELEASE.—Begin13 ning on the date on which a national emergency relating 

14 to a communicable disease is declared and ending on the 

15 date that is 60 days after such national emergency expires, 

16 the Office of Probation and Pretrial Services of the Admin17 istrative Office of the United States Courts shall take meas18 ures to prevent the spread of the communicable disease 

19 among individuals under supervision by— 

20 (1) suspending the requirement that individuals 

21 determined to be a lower risk of reoffending, or any 

22 other individuals determined to be appropriate by the 

23 supervising probation officer, report in person to their 

24 probation or parole officer; 
2019 

•HR 925 EAH 

1 (2) identifying individuals who have successfully 

2 completed not less than 18 months of supervision and 

3 transferring such individuals to administrative super4 vision or petitioning the court to terminate super5 vision, as appropriate; and 

6 (3) suspending the request for detention and im7 prisonment as a sanction for violations of probation, 

8 supervised release, or parole. 

9 (f) PROHIBITION.—No individual who is granted 

10 placement in community supervision, termination of super11 vision, placement on administrative supervision, or pre12 trial release shall be re-incarcerated, placed on supervision 

13 or active supervision, or ordered detained pre-trial only as 

14 a result of the expiration of the national emergency relating 

15 to a communicable disease. 

16 (g) PROHIBITION ON TECHNICAL VIOLATIONS AND

17 CERTAIN MANDATORY REVOCATIONS OF PROBATION OR SU18 PERVISED RELEASE.— 

19 (1) RESENTENCING IN CASES OF PROBATION AND

20 SUPERVISED RELEASE.— 

21 (A) IN GENERAL.—Beginning on the date 

22 on which a national emergency relating to a 

23 communicable disease is declared and ending on 

24 the date that is 60 days after such national 

25 emergency expires, and notwithstanding section 
2020 

•HR 925 EAH 

1 3582(b) of title 18, United States Code, a court 

2 shall order the resentencing of a defendant who 

3 is serving a term of imprisonment resulting from 

4 a revocation of probation, or supervised release 

5 for a Grade C violation for conduct under sec6 tion 7B1.1(c)(3)(B) of the United States Sen7 tencing Guidelines, upon motion of the defend8 ant. 

9 (B) RESENTENCING.—The court shall order 

10 the resentencing of a defendant described in sub11 paragraph (A) as follows: 

12 (i) In the case of a revoked sentence of 

13 probation, the court shall resentence the de14 fendant to probation, the duration of which 

15 shall be equal to the period of time remain16 ing on the term of probation originally im17 posed at the time the defendant was most 

18 recently placed in custody, unless the court 

19 determines that decreasing the length of the 

20 term of probation is in the interest of jus21 tice. 

22 (ii) In the case of a revoked term of su23 pervised release, the court shall continue the 

24 defendant on supervised release, the dura25 tion of which shall be equal to the period of 
2021 

•HR 925 EAH 

1 time the defendant had remaining on super2 vised release when the defendant was most 

3 recently placed in custody, unless the court 

4 determines that decreasing the term of su5 pervised release is in the interest of justice. 

6 (2) RESENTENCING IN CASES OF PAROLE.— 

7 (A) IN GENERAL.—Beginning on the date 

8 on which a national emergency relating to a 

9 communicable disease is declared and ending on 

10 the date that is 60 days after such national 

11 emergency expires, the court shall order the re12 sentencing of a defendant who is serving a term 

13 of imprisonment resulting from a technical vio14 lation of the defendant’s parole. 

15 (B) RESENTENCING.—The court shall resen16 tence the defendant to parole, the duration of 

17 which shall be equal to the period of time re18 maining on the defendant’s term of parole at the 

19 time the defendant was most recently placed in 

20 custody, unless the court determines that decreas21 ing the length of the term of parole is in the in22 terest of justice. 

23 (3) HEARING.—The court may grant, but not 

24 deny, a motion without a hearing under this section. 

25 (4) NO MANDATORY REVOCATION.— 
2022 

•HR 925 EAH 

1 (A) IN GENERAL.—Beginning on the date 

2 on which a national emergency relating to a 

3 communicable disease is declared and ending on 

4 the date that is 60 days after such national 

5 emergency expires, a court is not required to re6 voke a defendant’s probation or supervised re7 lease under sections 3565(b) and 3583(g) of title 

8 18, United States Code, based on a finding that 

9 the defendant refused to comply with drug treat10 ment. 

11 (B) DISSEMINATION OF POLICY CHANGE.— 

12 Not later than 10 days after the date of enact13 ment of this title, the Judicial Conference of the 

14 United States shall issue and disseminate to all 

15 district courts of the United States a temporary 

16 policy change suspending mandatory revocation 

17 of probation or supervised release for refusal to 

18 comply with drug testing. 

19 (5) PROMPT DETERMINATION.—Any motion 

20 under this subsection shall be determined promptly. 

21 (6) COUNSEL.—To effectuate the purposes of this 

22 subsection, counsel shall be appointed as early as pos23 sible to represent any indigent defendant. 

24 (7) DEFINITIONS.—In this subsection, the term 

25 ‘‘defendant’’ includes individuals adjudicated delin-
2023 

•HR 925 EAH 

1 quent under the Federal Juvenile Delinquency Act 

2 and applies to persons serving time in official deten3 tion for a revocation of juvenile probation or super4 vised release. 

5 SEC. 203. COURT AUTHORITY TO REDUCE SENTENCES AND 

6 TEMPORARY RELEASE AUTHORITY FOR NON7 VIOLENT OFFENDERS. 

8 (a) COURT AUTHORITY TO REDUCE SENTENCES.— 

9 (1) IN GENERAL.—Notwithstanding section 3582 

10 of title 18, United States Code, the court shall, during 

11 the covered emergency period, upon motion of a cov12 ered individual (as such term is defined in section 

13 202(b)) or on the court’s own motion, reduce a term 

14 of imposed imprisonment on that individual, unless 

15 the government shows, by clear and convincing evi16 dence, that the individual poses a risk of serious, im17 minent injury to a reasonably identifiable person. 

18 (2) SENTENCE REDUCTION DEEMED AUTHOR19 IZED.—Any sentence that is reduced under this sub20 section is deemed to be authorized under section 

21 3582(c)(1)(B) of title 18, United States Code. 

22 (3) RULE OF CONSTRUCTION.—In addition to the 

23 reduction of sentences authorized under this sub24 section, the court may continue to reduce and modify 
2024 

•HR 925 EAH 

1 sentences under section 3582 of title 18, United States 

2 Code, during the covered emergency period. 

3 (4) SPECIAL RULE.—During the covered emer4 gency period, a covered individual who is serving a 

5 term of imprisonment for an offense committed before 

6 November 1, 1987, who would not otherwise be eligible 

7 to file a motion under section 3582(c)(1)(A) of title 

8 18, United States Code, is eligible to file such a mo9 tion and for relief under such section. Any motion for 

10 relief filed in accordance with this paragraph before 

11 the expiration or termination of the covered emer12 gency period shall not disqualify such motion based 

13 solely on such expiration or termination. 

14 (b) COURT AUTHORITY TO AUTHORIZE TEMPORARY

15 RELEASE OF PERSONS AWAITING DESIGNATION OR TRANS16 PORTATION TO A BUREAU OF PRISONS FACILITY.—Not17 withstanding sections 3582 and 3621 of title 18, United 

18 States Code, during the covered emergency period, the court, 

19 upon motion of an individual (including individuals adju20 dicated delinquent under the Federal Juvenile Delinquency 

21 Act) awaiting designation or transportation to a Bureau 

22 of Prisons or other facility for service of sentence or official 

23 detention, or on the court’s own motion, may, taking into 

24 account the individual’s offense of conviction or adjudica25 tion, order the temporary release of the individual, for a 
2025 

•HR 925 EAH 

1 limited period ending not later than the expiration or ter2 mination of the COVID–19 emergency, if such release is for 

3 the purpose of avoiding or mitigating the risks associated 

4 with imprisonment during the covered emergency period, 

5 either generally with respect to the individual’s place of im6 prisonment or specifically with respect to the individual. 

7 (c) HEARING REQUIREMENT.—The court may grant, 

8 but not deny, a motion without a hearing under this sec9 tion. Any motion under this section shall be determined 

10 promptly. 

11 (d) EFFECTIVE REPRESENTATION DURING NATIONAL

12 EMERGENCY.— 

13 (1) ACCESS TO COURT.—During the covered 

14 emergency period, any procedural requirement under 

15 section 3582(c)(1)(A) of title 18, United States Code, 

16 that would delay a defendant from directly peti17 tioning the court shall not apply, and the defendant 

18 may petition the court directly for relief. 

19 (2) APPOINTMENT OF COUNSEL.—The court shall 

20 appoint counsel for indigent defendants or prisoners, 

21 at no cost to the defendant or prisoner, as early as 

22 possible to effectuate the purposes of this section and 

23 the purposes of section 3582(c)(1)(A) of title 18, 

24 United States Code. 

25 (3) ACCESS TO MEDICAL RECORDS.— 
2026 

•HR 925 EAH 

1 (A) IN GENERAL.—In order to expedite pro2 ceedings under this section and proceedings 

3 under 3582(c)(1)(A) of title 18, United States 

4 Code, during the covered emergency period, the 

5 Director of the Bureau of Prisons shall promptly 

6 release all medical records in the possession of 

7 the Bureau of Prisons to a prisoner who requests 

8 them on their own behalf, or to the counsel of 

9 record for a prisoner upon submission to the 

10 court of an affidavit, signed by such counsel 

11 under penalty of perjury, that such counsel has 

12 reason to believe that the prisoner has a covered 

13 health condition (as such term is defined in sec14 tion 202(b)) or a condition that would entitle 

15 them to relief under section 3582(c)(1)(A) of title 

16 18, United States Code. 

17 (B) INDIVIDUALS IN THE CUSTODY OF THE

18 U.S. MARSHALS SERVICE.—In order to expedite 

19 proceedings under this section, in the case of an 

20 individual who is in the custody or care of the 

21 U.S. Marshals Service, the Director of the U.S. 

22 Marshals Service shall facilitate the provision of 

23 any medical records of the individual to the in24 dividual or the counsel of record of the indi25 vidual, upon request of the individual or counsel. 
2027 

•HR 925 EAH 

1 SEC. 204. EXEMPTION FROM EXHAUSTING ADMINISTRATIVE 

2 REMEDIES DURING COVERED EMERGENCY 

3 PERIOD. 

4 Section 7 of the Civil Rights of Institutionalized Per5 sons Act (42 U.S.C. 1997e) is amended by adding at the 

6 end the following: 

7 ‘‘(i) COVERED EMERGENCY PERIOD.— 

8 ‘‘(1) RELIEF WITHOUT EXHAUSTING ADMINIS9 TRATIVE REMEDIES.—Notwithstanding the other pro10 visions of this section, during the covered emergency 

11 period, a prisoner may commence, without exhausting 

12 all administrative remedies, an action relating to 

13 conditions of imprisonment under which the prisoner 

14 is at significant risk of harm or under which the pris15 oner’s access to counsel has been impaired. If the 

16 court determines the prisoner is reasonably likely to 

17 prevail, the court may order such appropriate relief, 

18 limited in time and scope, as may be necessary to 

19 prevent or remedy the significant risk of harm or pro20 vide access to counsel. 

21 ‘‘(2) RETALIATION PROHIBITED.—Section 6 shall 

22 apply in the case of retaliation against a prisoner 

23 who files an administrative claim or lawsuit during 

24 the covered emergency period or attempts to so file. 

25 ‘‘(3) DEFINITIONS.—For purposes of this sub26 section, the term ‘covered emergency period’ has the 
2028 

•HR 925 EAH 

1 meaning given the term in section 12003 of the 

2 CARES Act (Public Law 116–136).’’. 

3 SEC. 205. INCREASING AVAILABILITY OF HOME DETENTION 

4 FOR NON-VIOLENT ELDERLY OFFENDERS. 

5 (a) GOOD CONDUCT TIME CREDITS FOR CERTAIN EL6 DERLY NONVIOLENT OFFENDERS.—Section 

7 231(g)(5)(A)(ii) of the Second Chance Act of 2007 (34 

8 U.S.C. 60541(g)(5)(A)(ii)) is amended by striking ‘‘to 

9 which the offender was sentenced’’ and inserting ‘‘reduced 

10 by any credit toward the service of the prisoner’s sentence 

11 awarded under section 3624(b) of title 18, United States 

12 Code’’. 

13 (b) INCREASING ELIGIBILITY FOR HOME DETENTION

14 FOR CERTAIN ELDERLY NONVIOLENT OFFENDERS.—Dur15 ing the covered emergency period an offender who is in the 

16 custody of the Bureau of Prisons, including pursuant to a 

17 conviction for a criminal offense under the laws of the Dis18 trict of Columbia, shall be considered an eligible elderly of19 fender under section 231(g) of the Second Chance Act of 

20 2007 (34 U.S.C. 60541(g)) if the offender— 

21 (1) is not less than 50 years of age; 

22 (2) has served 1/2 of the term of imprisonment 

23 reduced by any credit toward the service of the pris24 oner’s sentence awarded under section 3624(b) of title 

25 18, United States Code; and 
2029 

•HR 925 EAH 

1 (3) is otherwise described in such section 

2 231(g)(5)(A). 

3 SEC. 206. EFFECTIVE ASSISTANCE OF COUNSEL IN THE DIG4 ITAL ERA ACT. 

5 (a) PROHIBITION ON MONITORING.—Not later than 

6 180 days after the date of the enactment of this title, the 

7 Attorney General shall create a program or system, or mod8 ify any program or system that exists on the date of enact9 ment of this title, through which an incarcerated person 

10 sends or receives an electronic communication, to exclude 

11 from monitoring the contents of any privileged electronic 

12 communication. In the case that the Attorney General cre13 ates a program or system in accordance with this sub14 section, the Attorney General shall, upon implementing 

15 such system, discontinue using any program or system that 

16 exists on the date of enactment of this title through which 

17 an incarcerated person sends or receives a privileged elec18 tronic communication, except that any program or system 

19 that exists on such date may continue to be used for any 

20 other electronic communication. 

21 (b) RETENTION OF CONTENTS.—A program or system 

22 or a modification to a program or system under subsection 

23 (a) may allow for retention by the Bureau of Prisons of, 

24 and access by an incarcerated person to, the contents of elec25 tronic communications, including the contents of privileged 
2030 

•HR 925 EAH 

1 electronic communications, of the person until the date on 

2 which the person is released from prison. 

3 (c) ATTORNEY-CLIENT PRIVILEGE.—Attorney-client 

4 privilege, and the protections and limitations associated 

5 with such privilege (including the crime fraud exception), 

6 applies to electronic communications sent or received 

7 through the program or system established or modified 

8 under subsection (a). 

9 (d) ACCESSING RETAINED CONTENTS.—Contents re10 tained under subsection (b) may only be accessed by a per11 son other than the incarcerated person for whom such con12 tents are retained under the following circumstances: 

13 (1) ATTORNEY GENERAL.—The Attorney General 

14 may only access retained contents if necessary for the 

15 purpose of creating and maintaining the program or 

16 system, or any modification to the program or sys17 tem, through which an incarcerated person sends or 

18 receives electronic communications. The Attorney 

19 General may not review retained contents that are 

20 accessed pursuant to this paragraph. 

21 (2) INVESTIGATIVE AND LAW ENFORCEMENT OF22 FICERS.— 

23 (A) WARRANT.— 

24 (i) IN GENERAL.—Retained contents 

25 may only be accessed by an investigative or 
2031 

•HR 925 EAH 

1 law enforcement officer pursuant to a war2 rant issued by a court pursuant to the pro3 cedures described in the Federal Rules of 

4 Criminal Procedure. 

5 (ii) APPROVAL.—No application for a 

6 warrant may be made to a court without 

7 the express approval of a United States At8 torney or an Assistant Attorney General. 

9 (B) PRIVILEGED INFORMATION.— 

10 (i) REVIEW.—Before retained contents 

11 may be accessed pursuant to a warrant ob12 tained under subparagraph (A), such con13 tents shall be reviewed by a United States 

14 Attorney to ensure that privileged electronic 

15 communications are not accessible. 

16 (ii) BARRING PARTICIPATION.—A 

17 United States Attorney who reviews re18 tained contents pursuant to clause (i) shall 

19 be barred from— 

20 (I) participating in a legal pro21 ceeding in which an individual who 

22 sent or received an electronic commu23 nication from which such contents are 

24 retained under subsection (b) is a de25 fendant; or 
2032 

•HR 925 EAH 

1 (II) sharing the retained contents 

2 with an attorney who is participating 

3 in such a legal proceeding. 

4 (3) MOTION TO SUPPRESS.—In a case in which 

5 retained contents have been accessed in violation of 

6 this subsection, a court may suppress evidence ob7 tained or derived from access to such contents upon 

8 motion of the defendant. 

9 (e) DEFINITIONS.—In this section— 

10 (1) the term ‘‘agent of an attorney or legal rep11 resentative’’ means any person employed by or con12 tracting with an attorney or legal representative, in13 cluding law clerks, interns, investigators, paraprofes14 sionals, and administrative staff; 

15 (2) the term ‘‘contents’’ has the meaning given 

16 such term in 2510 of title 18, United States Code; 

17 (3) the term ‘‘electronic communication’’ has the 

18 meaning given such term in section 2510 of title 18, 

19 United States Code, and includes the Trust Fund 

20 Limited Inmate Computer System; 

21 (4) the term ‘‘monitoring’’ means accessing the 

22 contents of an electronic communication at any time 

23 after such communication is sent; 

24 (5) the term ‘‘incarcerated person’’ means any 

25 individual in the custody of the Bureau of Prisons or 
2033 

•HR 925 EAH 

1 the United States Marshals Service who has been 

2 charged with or convicted of an offense against the 

3 United States, including such an individual who is 

4 imprisoned in a State institution; and 

5 (6) the term ‘‘privileged electronic communica6 tion’’ means— 

7 (A) any electronic communication between 

8 an incarcerated person and a potential, current, 

9 or former attorney or legal representative of such 

10 a person; and 

11 (B) any electronic communication between 

12 an incarcerated person and the agent of an at13 torney or legal representative described in sub14 paragraph (A). 

15 SEC. 207. COVID–19 CORRECTIONAL FACILITY EMERGENCY 

16 RESPONSE ACT OF 2020. 

17 Title I of the Omnibus Crime Control and Safe Streets 

18 Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding 

19 at the end the following: 

20 ‘‘PART OO—PANDEMIC CORRECTIONAL FACILITY 

21 EMERGENCY RESPONSE 

22 ‘‘SEC. 3061. FINDINGS; PURPOSES. 

23 ‘‘(a) IMMEDIATE RELEASE OF VULNERABLE AND LOW24 RISK INDIVIDUALS.—The purpose of the grant program 

25 under section 3062 is to provide for the testing, initiation 
2034 

•HR 925 EAH 

1 and transfer to treatment in the community, and provision 

2 of services in the community, by States and units of local 

3 government as they relate to preventing, detecting, and 

4 stopping the spread of COVID–19 in correctional facilities. 

5 ‘‘(b) PRETRIAL CITATION AND RELEASE.— 

6 ‘‘(1) FINDINGS.—Congress finds as follows: 

7 ‘‘(A) With the dramatic growth in pretrial 

8 detention resulting in county and city correc9 tional facilities regularly exceeding capacity, 

10 such correctional facilities may serve to rapidly 

11 increase the spread of COVID–19, as facilities 

12 that hold large numbers of individuals in 

13 congregant living situations may promote the 

14 spread of COVID–19. 

15 ‘‘(B) While individuals arrested and proc16 essed at local correctional facilities may only be 

17 held for hours or days, exposure to large number 

18 of individuals in holding cells and courtrooms 

19 promotes the spread of COVID–19. 

20 ‘‘(C) Pretrial detainees and individuals in 

21 correctional facilities are then later released into 

22 the community having being exposed to COVID– 

23 19. 

24 ‘‘(2) PURPOSE.—The purpose of the grant pro25 gram under section 3065 is to substantially increase 
2035 

•HR 925 EAH 

1 the use of risk-based citation release for all individ2 uals who do not present a public safety risk. 

3 ‘‘SEC. 3062. IMMEDIATE RELEASE OF VULNERABLE AND 

4 LOW-RISK INDIVIDUALS. 

5 ‘‘(a) AUTHORIZATION.—The Attorney General shall 

6 carry out a grant program to make grants to States and 

7 units of local government that operate correctional facili8 ties, to establish and implement policies and procedures to 

9 prevent, detect, and stop the presence and spread of 

10 COVID–19 among arrestees, detainees, inmates, correc11 tional facility staff, and visitors to the facilities. 

12 ‘‘(b) PROGRAM ELIGIBILITY.— 

13 ‘‘(1) IN GENERAL.—Eligible applicants under 

14 this section are States and units of local government 

15 that release or have a plan to release the persons de16 scribed in paragraph (2) from custody in order to en17 sure that, not later than 90 days after enactment of 

18 this section, the total population of arrestees, detain19 ees, and inmates at a correctional facility does not ex20 ceed the number established under subsection (c). 

21 ‘‘(2) PERSONS DESCRIBED.—A person described 

22 in this paragraph is a person who, taking into ac23 count the person’s offense of conviction— 
2036 

•HR 925 EAH 

1 ‘‘(A) does not pose a risk of serious, immi2 nent injury to a reasonably identifiable person; 

3 or 

4 ‘‘(B) is— 

5 ‘‘(i) 50 years of age or older; 

6 ‘‘(ii) a juvenile; 

7 ‘‘(iii) an individual with serious 

8 chronic medical conditions, including heart 

9 disease, cancer, diabetes, HIV, sickle cell 

10 anemia, a neurological disease that inter11 feres with the ability to cough or breathe, 

12 chronic lung disease, asthma, or respiratory 

13 illness; 

14 ‘‘(iv) a pregnant woman; 

15 ‘‘(v) an individual who is 

16 immunocompromised or has a weakened 

17 immune system; or 

18 ‘‘(vi) an individual who has a health 

19 condition or disability that makes them vul20 nerable to COVID–19. 

21 ‘‘(c) TARGET CORRECTIONAL POPULATION.— 

22 ‘‘(1) TARGET POPULATION.—An eligible appli23 cant shall establish individualized, facility-specific 

24 target capacities at each correction facility that will 

25 receive funds under this section that reflect the max-
2037 

•HR 925 EAH 

1 imum number of individuals who may be incarcer2 ated safely in accordance with the Centers for Disease 

3 Control and Prevention guidelines for correctional fa4 cilities pertaining to COVID–19, with consideration 

5 given to Centers for Disease Control and Prevention 

6 guidelines pertaining to community-based physical 

7 distancing, hygiene, and sanitation. A correctional 

8 facility receiving funds under this section may not 

9 use isolation in a punitive or non-medical manner as 

10 a way of achieving specific target capacities estab11 lished under this paragraph. 

12 ‘‘(2) CERTIFICATION.—An eligible applicant 

13 shall include in its application for a grant under this 

14 section a certification by a public health professional 

15 who is certified in epidemiology or infectious diseases 

16 that each correctional facility that will receive funds 

17 under this section in its jurisdiction meets the appro18 priate target capacity standard established under 

19 paragraph (1). 

20 ‘‘(d) AUTHORIZED USES.—Funds awarded pursuant 

21 to this section shall be used by grantees (including acting 

22 through nonprofit entities) to— 

23 ‘‘(1) test all arrestees, detainees, and inmates, 

24 and initiate treatment for COVID–19, and transfer 
2038 

•HR 925 EAH 

1 such an individual for an appropriate treatment at 

2 external medical facility, as needed; 

3 ‘‘(2) test for COVID–19— 

4 ‘‘(A) correctional facility staff; 

5 ‘‘(B) volunteers; 

6 ‘‘(C) visitors, including family members 

7 and attorneys; 

8 ‘‘(D) court personnel that have regular con9 tact with arrestees, detainees, and inmates; 

10 ‘‘(E) law enforcement officers who transport 

11 arrestees, detainees, and inmates; and 

12 ‘‘(F) personnel outside the correctional facil13 ity who provide medical treatment to arrestees, 

14 detainees, and inmates; 

15 ‘‘(3) curtail booking and in-facility processing 

16 for individuals who have committed technical parole 

17 or probation violations; and 

18 ‘‘(4) provide transition and reentry support serv19 ices to individuals released pursuant to this section, 

20 including programs that— 

21 ‘‘(A) increase access to and participation in 

22 reentry services; 

23 ‘‘(B) promote a reduction in recidivism 

24 rates; 
2039 

•HR 925 EAH 

1 ‘‘(C) facilitate engagement in educational 

2 programs, job training, or employment; 

3 ‘‘(D) place reentering individuals in safe 

4 and sanitary temporary transitional housing; 

5 ‘‘(E) facilitate the enrollment of reentering 

6 individuals with a history of substance use dis7 order in medication-assisted treatment and a re8 ferral to overdose prevention services, mental 

9 health services, or other medical services; and 

10 ‘‘(F) facilitate family reunification or sup11 port services, as needed. 

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated $500,000,000 to carry out 

14 this section and section 3065 for each of fiscal years 2020 

15 and 2021. 

16 ‘‘SEC. 3063. JUVENILE SPECIFIC SERVICES. 

17 ‘‘(a) IN GENERAL.—The Attorney General, acting 

18 through the Administrator of the Office Juvenile Justice 

19 and Delinquency Prevention, consistent with section 261 of 

20 the Juvenile Justice and Delinquency Prevention Act of 

21 1974 (34 U.S.C. 11171), is authorized to make grants to 

22 States and units of local government or combinations there23 of to assist them in planning, establishing, operating, co24 ordinating, and evaluating projects directly, or through 

25 grants and contracts with public and private agencies and 
2040 

•HR 925 EAH 

1 nonprofit entities (as such term is defined under section 

2 408(5)(A) of the Juvenile Justice and Delinquency Preven3 tion Act of 1974 (34 U.S.C. 11296(5)(A))), for the develop4 ment of more effective education, training, research, preven5 tion, diversion, treatment, and rehabilitation programs in 

6 the area of juvenile delinquency and programs to improve 

7 the juvenile justice system, consistent with subsection (b). 

8 ‘‘(b) USE OF GRANT FUNDS.—Grants under this sec9 tion shall be used for the exclusive purpose of providing ju10 venile specific services that— 

11 ‘‘(1) provide rapid mass testing for COVID–19 

12 in juvenile facilities, notification of the results of such 

13 tests to juveniles and authorized family members or 

14 legal guardians, and include policies and procedures 

15 for non-punitive quarantine that does not involve sol16 itary confinement, and provide for examination by a 

17 doctor for any juvenile who tests positive for COVID– 

18 19; 

19 ‘‘(2) examine all pre- and post-adjudication re20 lease processes and mechanisms applicable to juveniles 

21 and begin employing these as quickly as possible; 

22 ‘‘(3) provide juveniles in out of home placements 

23 with continued access to appropriate education; 

24 ‘‘(4) provide juveniles with access to legal counsel 

25 through confidential visits or teleconferencing; 
2041 

•HR 925 EAH 

1 ‘‘(5) provide staff and juveniles with appropriate 

2 personal protective equipment, hand washing facili3 ties, toiletries, and medical care to reduce the spread 

4 of the virus; 

5 ‘‘(6) provide juveniles with frequent and no cost 

6 calls home to parents, legal guardians, and other fam7 ily members; 

8 ‘‘(7) advance policies and procedures for juvenile 

9 delinquency program proceedings (including court 

10 proceedings) and probation conditions so that in-per11 son reporting requirements for juveniles are replaced 

12 with virtual or telephonic appearances without pen13 alty; 

14 ‘‘(8) expand opportunities for juveniles to par15 ticipate in community based services and social serv16 ices through videoconferencing or teleconferencing; or 

17 ‘‘(9) place a moratorium on all requirements for 

18 juveniles to attend and pay for court and probation19 ordered programs, community service, and labor, that 

20 violate any applicable social distancing or stay at 

21 home order. 

22 Each element described in paragraph (1) through (9) shall 

23 be trauma-informed, reflect the science of adolescent devel24 opment, and be designed to meet the needs of at-risk juve-
2042 

•HR 925 EAH 

1 niles and juveniles who come into contact with the justice 

2 system. 

3 ‘‘(c) DEFINITIONS.—Terms used in this section have 

4 the meanings given such terms in the Juvenile Justice and 

5 Delinquency Prevention Act of 1974. The term ‘juvenile’ has 

6 the meaning given such term in section 1809 of this Act. 

7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $75,000,000 for each of fiscal years 2020 and 2021. 

10 ‘‘SEC. 3064. RAPID COVID–19 TESTING. 

11 ‘‘(a) IN GENERAL.—The Attorney General shall make 

12 grants to grantees under section 3062 for the exclusive pur13 pose of providing for rapid COVID–19 testing of arrestees, 

14 detainees, and inmates who are exiting the custody of a cor15 rectional facility prior to returning to the community. 

16 ‘‘(b) USE OF FUNDS.—Grants provided under this sec17 tion may be used for any of the following: 

18 ‘‘(1) Purchasing or leasing medical devices au19 thorized by the U.S. Food and Drug Administration 

20 to detect COVID–19 that produce results in less than 

21 one hour. 

22 ‘‘(2) Purchasing or securing COVID–19 testing 

23 supplies and personal protective equipment used by 

24 the correctional facility to perform such tests. 
2043 

•HR 925 EAH 

1 ‘‘(3) Contracting with medical providers to ad2 minister such tests. 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $25,000,000 for each of fiscal years 2020 and 2021. 

6 ‘‘SEC. 3065. PRETRIAL CITATION AND RELEASE. 

7 ‘‘(a) AUTHORIZATION.—The Attorney General shall 

8 make grants under this section to eligible applicants for the 

9 purposes set forth in section 3061(b)(2). 

10 ‘‘(b) PROGRAM ELIGIBILITY.—Eligible applicants 

11 under this section are States and units of local government 

12 that implement or continue operation of a program de13 scribed in subsection (c)(1) and not fewer than 2 of the other 

14 programs enumerated in such subsection. 

15 ‘‘(c) USE OF GRANT FUNDS.—A grantee shall use 

16 amounts provided as a grant under this section for pro17 grams that provide for the following: 

18 ‘‘(1) Adopting and operating a cite-and-release 

19 process for individuals who are suspected of commit20 ting misdemeanor and felony offenses and who do not 

21 pose a risk of serious, imminent injury to a reason22 ably identifiable person. 

23 ‘‘(2) Curtailing booking and in-facility proc24 essing for individuals who have committed technical 

25 parole or probation violations. 
2044 

•HR 925 EAH 

1 ‘‘(3) Ensuring that defense counsel is appointed 

2 at the earliest hearing that could result in pretrial de3 tention so that low-risk defendants are not unneces4 sarily further exposed to COVID–19. 

5 ‘‘(4) Establishing early review of charges by an 

6 experienced prosecutor, so only arrestees and detainees 

7 who will be charged are detained. 

8 ‘‘(5) Providing appropriate victims’ services sup9 ports and safety-focused residential accommodations 

10 for victims and community members who have ques11 tions or concerns about releases described in this sub12 section. 

13 ‘‘SEC. 3066. REPORT. 

14 ‘‘(a) IN GENERAL.—Not later than 6 months after the 

15 date on which grants are initially made under this part, 

16 and biannually thereafter during the grant period, the At17 torney General shall submit to Congress a report on the pro18 gram, which shall include— 

19 ‘‘(1) the number of grants made, the number of 

20 grantees, and the amount of funding distributed to 

21 each grantee pursuant to this part; 

22 ‘‘(2) the location of each correctional facility 

23 where activities are carried out using grant amounts; 

24 ‘‘(3) the number of persons in the custody of cor25 rectional facilities where activities are carried out 
2045 

•HR 925 EAH 

1 using grant amounts, including incarcerated persons 

2 released on parole, community supervision, good time 

3 or early release, clemency or commutation, as a result 

4 of the national emergency under the National Emer5 gencies Act (50 U.S.C. 1601 et seq.) declared by the 

6 President with respect to the Coronavirus Disease 

7 2019 (‘COVID–19’), disaggregated by type of offense, 

8 age, race, sex, and ethnicity; and 

9 ‘‘(4) for each facility receiving funds under sec10 tion 3062— 

11 ‘‘(A) the total number of tests for COVID– 

12 19 performed; 

13 ‘‘(B) the results of such COVID–19 tests 

14 (confirmed positive or negative); 

15 ‘‘(C) the total number of probable COVID– 

16 19 infections; 

17 ‘‘(D) the total number of COVID–19-related 

18 hospitalizations, the total number of intensive 

19 care unit admissions, and the duration of each 

20 such hospitalization; 

21 ‘‘(E) recoveries from COVID–19; and 

22 ‘‘(F) COVID–19 deaths, 

23 disaggregated by race, ethnicity, age, disability, sex, 

24 pregnancy status, and whether the individual is a 

25 staff member of or incarcerated at the facility. 
2046 

•HR 925 EAH 

1 ‘‘(b) PRIVACY.—Data reported under this section shall 

2 be reported in accordance with applicable privacy laws and 

3 regulations. 

4 ‘‘SEC. 3067. NO MATCHING REQUIRED. 

5 ‘‘The Attorney General shall not require grantees to 

6 provide any matching funds with respect to the use of funds 

7 under this part. 

8 ‘‘SEC. 3068. DEFINITION. 

9 ‘‘For purposes of this part: 

10 ‘‘(1) CORRECTIONAL FACILITY.—The term ‘cor11 rectional facility’ includes a juvenile facility. 

12 ‘‘(2) COVERED EMERGENCY PERIOD.—The term 

13 ‘covered emergency period’ has the meaning given the 

14 term in section 12003 of the CARES Act (Public Law 

15 116–136). 

16 ‘‘(3) COVID–19.—The term ‘COVID–19’ means a 

17 disease caused by severe acute respiratory syndrome 

18 coronavirus 2 (SARS–CoV–2). 

19 ‘‘(4) DETAINEE; ARRESTEE; INMATE.—The terms 

20 ‘detainee’, ‘arrestee’, and ‘inmate’ each include juve21 niles.’’. 

22 SEC. 208. MORATORIUM ON FEES AND FINES. 

23 (a) IN GENERAL.—During the covered emergency pe24 riod, and for fiscal years 2020, 2021, and 2022, the Attor25 ney General is authorized make grants to State and local 
2047 

•HR 925 EAH 

1 courts that comply with the requirement under subsection 

2 (b) to ensure that such recipients are able to continue oper3 ations. 

4 (b) REQUIREMENT TO IMPOSE MORATORIUM ON IMPO5 SITION AND COLLECTION OF FEES AND FINES.—To be eligi6 ble for a grant under this section, a court shall implement 

7 a moratorium on the imposition and collection (including 

8 by a unit of local government or a State) of fees and fines 

9 imposed by that court— 

10 (1) not later than 120 day after the date of the 

11 enactment of this section; 

12 (2) retroactive to a period beginning 30 days 

13 prior the covered emergency period; and 

14 (3) continuing for an additional 90 days after 

15 the date the covered emergency period terminates. 

16 (c) GRANT AMOUNT.—In making grants under this 

17 section, the Attorney General shall— 

18 (1) give preference to applicants that implement 

19 a moratorium on the imposition and collection of 

20 fines and fees related to juvenile delinquency pro21 ceedings for each of fiscal years 2020 through 2022; 

22 and 

23 (2) make such grants in amounts that are pro24 portionate to the number of individuals in the juris25 diction of the court. 
2048 

•HR 925 EAH 

1 (d) USE OF FUNDS.—Funds made available under this 

2 section may be used to ensure that the recipient is able to 

3 continue court operations during the covered emergency pe4 riod. 

5 (e) NO MATCHING REQUIREMENT.—There is no 

6 matching requirement for grants under this section. 

7 (f) DEFINITIONS.—In this section: 

8 (1) The term ‘‘fees’’— 

9 (A) means monetary fees that are imposed 

10 for the costs of fine surcharges or court adminis11 trative fees; and 

12 (B) includes additional late fees, payment13 plan fees, interest added if an individual is un14 able to pay a fine in its entirety, collection fees, 

15 and any additional amounts that do not include 

16 the fine. 

17 (2) The term ‘‘fines’’ means monetary fines im18 posed as punishment. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $150,000,000 for each of fiscal years 2020 through 2022. 

22 SEC. 209. DEFINITION. 

23 In this title, the term ‘‘covered emergency period’’ has 

24 the meaning given the term in section 12003 of the CARES 

25 Act (Public Law 116–136). 
2049 

•HR 925 EAH 

1 SEC. 210. SEVERABILITY. 

2 If any provision of this title or any amendment made 

3 by this title, or the application of a provision or amend4 ment to any person or circumstance, is held to be invalid, 

5 the remainder of this title and the amendments made by 

6 this title, and the application of the provisions and amend7 ments to any other person not similarly situated or to other 

8 circumstances, shall not be affected by the holding. 

9 TITLE III—VICTIMS OF CRIME 

10 ACT AMENDMENTS 

11 SEC. 301. SHORT TITLE. 

12 This title may be cited as the ‘‘Victims of Crime Act 

13 Fix Act of 2020’’. 

14 SEC. 302. DEPOSITS OF FUNDING INTO THE CRIME VICTIMS 

15 FUND. 

16 Section 1402(b) of the Victims of Crime Act of 1984 

17 (34 U.S.C. 20101(b)) is amended— 

18 (1) in paragraph (4), by striking ‘‘and’’ at the 

19 end; 

20 (2) in paragraph (5), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

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

23 ‘‘(6) any funds that would otherwise be deposited 

24 in the general fund of the Treasury collected as pursu25 ant to— 

26 ‘‘(A) a deferred prosecution agreement; or 
2050 

•HR 925 EAH 

1 ‘‘(B) a non-prosecution agreement.’’. 

2 SEC. 303. WAIVER OF MATCHING REQUIREMENT. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of VOCA, during the COVID–19 emergency period and 

5 for the period ending one year after the date on which such 

6 period expires or is terminated, the Attorney General, act7 ing through the Director of the Office for Victims of Crime, 

8 may not impose any matching requirement as a condition 

9 of receipt of funds under any program to provide assistance 

10 to victims of crimes authorized under the Victims of Crime 

11 Act of 1984 (34 U.S.C. 20101 et seq.). 

12 (b) DEFINITION.—In this section, the term ‘‘COVID– 

13 19 emergency period’’ means the period beginning on the 

14 date on which the President declared a national emergency 

15 under the National Emergencies Act (50 U.S.C. 1601 et 

16 seq.) with respect to the Coronavirus Disease 2019 (COVID– 

17 19) and ending on the date that is 30 days after the date 

18 on which the national emergency declaration is terminated. 

19 (c) APPLICATION.—This section shall apply with re20 spect to— 

21 (1) applications submitted during the period de22 scribed under subsection (a), including applications 

23 for which funds will be distributed after such period; 

24 and 
2051 

•HR 925 EAH 

1 (2) distributions of funds made during the pe2 riod described under subsection (a), including dis3 tributions made pursuant to applications submitted 

4 before such period. 

5 TITLE IV—JABARA-HEYER NO 

6 HATE ACT 

7 SEC. 401. SHORT TITLE. 

8 This title may be cited as the ‘‘Jabara-Heyer National 

9 Opposition to Hate, Assault, and Threats to Equality Act 

10 of 2020’’ or the ‘‘Jabara-Heyer NO HATE Act’’. 

11 SEC. 402. FINDINGS. 

12 Congress finds the following: 

13 (1) The incidence of violence known as hate 

14 crimes or crimes motivated by bias poses a serious 

15 national problem. 

16 (2) According to data obtained by the Federal 

17 Bureau of Investigation, the incidence of such violence 

18 increased in 2017, the most recent year for which 

19 data is available. 

20 (3) In 1990, Congress enacted the Hate Crime 

21 Statistics Act (Public Law 101–275; 28 U.S.C. 534 

22 note) to provide the Federal Government, law enforce23 ment agencies, and the public with data regarding the 

24 incidence of hate crime. The Hate Crimes Statistics 

25 Act and the Matthew Shepard and James Byrd, Jr. 
2052 

•HR 925 EAH 

1 Hate Crimes Prevention Act (division E of Public 

2 Law 111–84; 123 Stat. 2835) have enabled Federal 

3 authorities to understand and, where appropriate, in4 vestigate and prosecute hate crimes. 

5 (4) A more complete understanding of the na6 tional problem posed by hate crime is in the public 

7 interest and supports the Federal interest in eradi8 cating bias-motivated violence referenced in section 

9 249(b)(1)(C) of title 18, United States Code. 

10 (5) However, a complete understanding of the 

11 national problem posed by hate crimes is hindered by 

12 incomplete data from Federal, State, and local juris13 dictions through the Uniform Crime Reports program 

14 authorized under section 534 of title 28, United 

15 States Code, and administered by the Federal Bureau 

16 of Investigation. 

17 (6) Multiple factors contribute to the provision of 

18 inaccurate and incomplete data regarding the inci19 dence of hate crime through the Uniform Crime Re20 ports program. A significant contributing factor is 

21 the quality and quantity of training that State and 

22 local law enforcement agencies receive on the identi23 fication and reporting of suspected bias-motivated 

24 crimes. 
2053 

•HR 925 EAH 

1 (7) The problem of crimes motivated by bias is 

2 sufficiently serious, widespread, and interstate in na3 ture as to warrant Federal financial assistance to 

4 States and local jurisdictions. 

5 (8) Federal financial assistance with regard to 

6 certain violent crimes motivated by bias enables Fed7 eral, State, and local authorities to work together as 

8 partners in the investigation and prosecution of such 

9 crimes. 

10 SEC. 403. DEFINITIONS. 

11 In this title: 

12 (1) HATE CRIME.—The term ‘‘hate crime’’ means 

13 an act described in section 245, 247, or 249 of title 

14 18, United States Code, or in section 901 of the Civil 

15 Rights Act of 1968 (42 U.S.C. 3631). 

16 (2) PRIORITY AGENCY.—The term ‘‘priority 

17 agency’’ means— 

18 (A) a law enforcement agency of a unit of 

19 local government that serves a population of not 

20 less than 100,000, as computed by the Federal 

21 Bureau of Investigation; or 

22 (B) a law enforcement agency of a unit of 

23 local government that— 
2054 

•HR 925 EAH 

1 (i) serves a population of not less than 

2 50,000 and less than 100,000, as computed 

3 by the Federal Bureau of Investigation; and 

4 (ii) has reported no hate crimes 

5 through the Uniform Crime Reports pro6 gram in each of the 3 most recent calendar 

7 years for which such data is available. 

8 (3) STATE.—The term ‘‘State’’ has the meaning 

9 given the term in section 901 of title I of the Omnibus 

10 Crime Control and Safe Streets Act of 1968 (34 

11 U.S.C. 10251). 

12 (4) UNIFORM CRIME REPORTS.—The term ‘‘Uni13 form Crime Reports’’ means the reports authorized 

14 under section 534 of title 28, United States Code, and 

15 administered by the Federal Bureau of Investigation 

16 that compile nationwide criminal statistics for use— 

17 (A) in law enforcement administration, op18 eration, and management; and 

19 (B) to assess the nature and type of crime 

20 in the United States. 

21 (5) UNIT OF LOCAL GOVERNMENT.—The term 

22 ‘‘unit of local government’’ has the meaning given the 

23 term in section 901 of title I of the Omnibus Crime 

24 Control and Safe Streets Act of 1968 (34 U.S.C. 

25 10251). 
2055 

•HR 925 EAH 

1 SEC. 404. REPORTING OF HATE CRIMES. 

2 (a) IMPLEMENTATION GRANTS.— 

3 (1) IN GENERAL.—The Attorney General may 

4 make grants to States and units of local government 

5 to assist the State or unit of local government in im6 plementing the National Incident-Based Reporting 

7 System, including to train employees in identifying 

8 and classifying hate crimes in the National Incident9 Based Reporting System. 

10 (2) PRIORITY.—In making grants under para11 graph (1), the Attorney General shall give priority to 

12 States and units of local government with larger pop13 ulations. 

14 (b) REPORTING.— 

15 (1) COMPLIANCE.— 

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

17 subparagraph (B), in each fiscal year beginning 

18 after the date that is 3 years after the date on 

19 which a State or unit of local government first 

20 receives a grant under subsection (a), the State 

21 or unit of local government shall provide to the 

22 Attorney General, through the Uniform Crime 

23 Reporting system, information pertaining to 

24 hate crimes committed in that jurisdiction dur25 ing the preceding fiscal year. 
2056 

•HR 925 EAH 

1 (B) EXTENSIONS; WAIVER.—The Attorney 

2 General— 

3 (i) may provide a 120-day extension to 

4 a State or unit of local government that is 

5 making good faith efforts to comply with 

6 subparagraph (A); and 

7 (ii) shall waive the requirements of 

8 subparagraph (A) if compliance with that 

9 subparagraph by a State or unit of local 

10 government would be unconstitutional 

11 under the constitution of the State or of the 

12 State in which the unit of local government 

13 is located, respectively. 

14 (2) FAILURE TO COMPLY.—If a State or unit of 

15 local government that receives a grant under sub16 section (a) fails to substantially comply with para17 graph (1) of this subsection, the State or unit of local 

18 government shall repay the grant in full, plus reason19 able interest and penalty charges allowable by law or 

20 established by the Attorney General. 

21 SEC. 405. GRANTS FOR STATE-RUN HATE CRIME HOTLINES. 

22 (a) GRANTS AUTHORIZED.— 

23 (1) IN GENERAL.—The Attorney General shall 

24 make grants to States to create State-run hate crime 

25 reporting hotlines. 
2057 

•HR 925 EAH 

1 (2) GRANT PERIOD.—A grant made under para2 graph (1) shall be for a period of not more than 5 

3 years. 

4 (b) HOTLINE REQUIREMENTS.—A State shall ensure, 

5 with respect to a hotline funded by a grant under subsection 

6 (a), that— 

7 (1) the hotline directs individuals to— 

8 (A) law enforcement if appropriate; and 

9 (B) local support services; 

10 (2) any personally identifiable information that 

11 an individual provides to an agency of the State 

12 through the hotline is not directly or indirectly dis13 closed, without the consent of the individual, to— 

14 (A) any other agency of that State; 

15 (B) any other State; 

16 (C) the Federal Government; or 

17 (D) any other person or entity; 

18 (3) the staff members who operate the hotline are 

19 trained to be knowledgeable about— 

20 (A) applicable Federal, State, and local 

21 hate crime laws; and 

22 (B) local law enforcement resources and ap23 plicable local support services; and 

24 (4) the hotline is accessible to— 
2058 

•HR 925 EAH 

1 (A) individuals with limited English pro2 ficiency, where appropriate; and 

3 (B) individuals with disabilities. 

4 (c) BEST PRACTICES.—The Attorney General shall 

5 issue guidance to States on best practices for implementing 

6 the requirements of subsection (b). 

7 SEC. 406. INFORMATION COLLECTION BY STATES AND 

8 UNITS OF LOCAL GOVERNMENT. 

9 (a) DEFINITIONS.—In this section: 

10 (1) APPLICABLE AGENCY.—The term ‘‘applicable 

11 agency’’, with respect to an eligible entity that is— 

12 (A) a State, means— 

13 (i) a law enforcement agency of the 

14 State; and 

15 (ii) a law enforcement agency of a unit 

16 of local government within the State that— 

17 (I) is a priority agency; and 

18 (II) receives a subgrant from the 

19 State under this section; and 

20 (B) a unit of local government, means a 

21 law enforcement agency of the unit of local gov22 ernment that is a priority agency. 

23 (2) COVERED AGENCY.—The term ‘‘covered agen24 cy’’ means— 

25 (A) a State law enforcement agency; or 
2059 

•HR 925 EAH 

1 (B) a priority agency. 

2 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti3 ty’’ means— 

4 (A) a State; or 

5 (B) a unit of local government that has a 

6 priority agency. 

7 (b) GRANTS.— 

8 (1) IN GENERAL.—The Attorney General may 

9 make grants to eligible entities to assist covered agen10 cies within the jurisdiction of the eligible entity in 

11 conducting law enforcement activities or crime reduc12 tion programs to prevent, address, or otherwise re13 spond to hate crime, particularly as those activities 

14 or programs relate to reporting hate crimes through 

15 the Uniform Crime Reports program, including— 

16 (A) adopting a policy on identifying, inves17 tigating, and reporting hate crimes; 

18 (B) developing a standardized system of col19 lecting, analyzing, and reporting the incidence of 

20 hate crime; 

21 (C) establishing a unit specialized in identi22 fying, investigating, and reporting hate crimes; 

23 (D) engaging in community relations func24 tions related to hate crime prevention and edu25 cation such as— 
2060 

•HR 925 EAH 

1 (i) establishing a liaison with formal 

2 community-based organizations or leaders; 

3 and 

4 (ii) conducting public meetings or edu5 cational forums on the impact of hate 

6 crimes, services available to hate crime vic7 tims, and the relevant Federal, State, and 

8 local laws pertaining to hate crimes; and 

9 (E) providing hate crime trainings for 

10 agency personnel. 

11 (2) SUBGRANTS.—A State that receives a grant 

12 under paragraph (1) may award a subgrant to a pri13 ority agency of a unit of local government within the 

14 State for the purposes under that paragraph. 

15 (c) INFORMATION REQUIRED OF STATES AND UNITS

16 OF LOCAL GOVERNMENT.— 

17 (1) IN GENERAL.—For each fiscal year in which 

18 an eligible entity receives a grant under subsection 

19 (b), the eligible entity shall— 

20 (A) collect information from each applicable 

21 agency summarizing the law enforcement activi22 ties or crime reduction programs conducted by 

23 the agency to prevent, address, or otherwise re24 spond to hate crime, particularly as those activi25 ties or programs relate to reporting hate crimes 
2061 

•HR 925 EAH 

1 through the Uniform Crime Reports program; 

2 and 

3 (B) submit to the Attorney General a report 

4 containing the information collected under sub5 paragraph (A). 

6 (2) SEMIANNUAL LAW ENFORCEMENT AGENCY

7 REPORT.— 

8 (A) IN GENERAL.—In collecting the infor9 mation required under paragraph (1)(A), an eli10 gible entity shall require each applicable agency 

11 to submit a semiannual report to the eligible en12 tity that includes a summary of the law enforce13 ment activities or crime reduction programs con14 ducted by the agency during the reporting period 

15 to prevent, address, or otherwise respond to hate 

16 crime, particularly as those activities or pro17 grams relate to reporting hate crimes through the 

18 Uniform Crime Reports program. 

19 (B) CONTENTS.—In a report submitted 

20 under subparagraph (A), a law enforcement 

21 agency shall, at a minimum, disclose— 

22 (i) whether the agency has adopted a 

23 policy on identifying, investigating, and re24 porting hate crimes; 
2062 

•HR 925 EAH 

1 (ii) whether the agency has developed a 

2 standardized system of collecting, analyzing, 

3 and reporting the incidence of hate crime; 

4 (iii) whether the agency has established 

5 a unit specialized in identifying, inves6 tigating, and reporting hate crimes; 

7 (iv) whether the agency engages in 

8 community relations functions related to 

9 hate crime, such as— 

10 (I) establishing a liaison with for11 mal community-based organizations or 

12 leaders; and 

13 (II) conducting public meetings or 

14 educational forums on the impact of 

15 hate crime, services available to hate 

16 crime victims, and the relevant Fed17 eral, State, and local laws pertaining 

18 to hate crime; and 

19 (v) the number of hate crime trainings 

20 for agency personnel, including the dura21 tion of the trainings, conducted by the agen22 cy during the reporting period. 

23 (d) COMPLIANCE AND REDIRECTION OF FUNDS.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), beginning not later than 1 year after the 
2063 

•HR 925 EAH 

1 date of enactment of this title, an eligible entity re2 ceiving a grant under subsection (b) shall comply 

3 with subsection (c). 

4 (2) EXTENSIONS; WAIVER.—The Attorney Gen5 eral— 

6 (A) may provide a 120-day extension to an 

7 eligible entity that is making good faith efforts 

8 to collect the information required under sub9 section (c); and 

10 (B) shall waive the requirements of sub11 section (c) for a State or unit of local govern12 ment if compliance with that subsection by the 

13 State or unit of local government would be un14 constitutional under the constitution of the State 

15 or of the State in which the unit of local govern16 ment is located, respectively. 

17 SEC. 407. REQUIREMENTS OF THE ATTORNEY GENERAL. 

18 (a) INFORMATION COLLECTION AND ANALYSIS; RE19 PORT.—In order to improve the accuracy of data regarding 

20 the incidence of hate crime provided through the Uniform 

21 Crime Reports program, and promote a more complete un22 derstanding of the national problem posed by hate crime, 

23 the Attorney General shall— 

24 (1) collect and analyze the information provided 

25 by States and units of local government under section 
2064 

•HR 925 EAH 

1 406 for the purpose of developing policies related to 

2 the provision of accurate data obtained under the 

3 Hate Crime Statistics Act (Public Law 101–275; 28 

4 U.S.C. 534 note) by the Federal Bureau of Investiga5 tion; and 

6 (2) for each calendar year beginning after the 

7 date of enactment of this title, publish and submit to 

8 Congress a report based on the information collected 

9 and analyzed under paragraph (1). 

10 (b) CONTENTS OF REPORT.—A report submitted under 

11 subsection (a) shall include— 

12 (1) a qualitative analysis of the relationship be13 tween— 

14 (A) the number of hate crimes reported by 

15 State law enforcement agencies or priority agen16 cies through the Uniform Crime Reports pro17 gram; and 

18 (B) the nature and extent of law enforce19 ment activities or crime reduction programs con20 ducted by those agencies to prevent, address, or 

21 otherwise respond to hate crime; and 

22 (2) a quantitative analysis of the number of 

23 State law enforcement agencies and priority agencies 

24 that have— 
2065 

•HR 925 EAH 

1 (A) adopted a policy on identifying, inves2 tigating, and reporting hate crimes; 

3 (B) developed a standardized system of col4 lecting, analyzing, and reporting the incidence of 

5 hate crime; 

6 (C) established a unit specialized in identi7 fying, investigating, and reporting hate crimes; 

8 (D) engaged in community relations func9 tions related to hate crime, such as— 

10 (i) establishing a liaison with formal 

11 community-based organizations or leaders; 

12 and 

13 (ii) conducting public meetings or edu14 cational forums on the impact of hate 

15 crime, services available to hate crime vic16 tims, and the relevant Federal, State, and 

17 local laws pertaining to hate crime; and 

18 (E) conducted hate crime trainings for 

19 agency personnel during the reporting period, 

20 including— 

21 (i) the total number of trainings con22 ducted by each agency; and 

23 (ii) the duration of the trainings de24 scribed in clause (i). 
2066 

•HR 925 EAH 

1 SEC. 408. ALTERNATIVE SENTENCING. 

2 Section 249 of title 18, United States Code, is amended 

3 by adding at the end the following: 

4 ‘‘(e) SUPERVISED RELEASE.—If a court includes, as 

5 a part of a sentence of imprisonment imposed for a viola6 tion of subsection (a), a requirement that the defendant be 

7 placed on a term of supervised release after imprisonment 

8 under section 3583, the court may order, as an explicit con9 dition of supervised release, that the defendant undertake 

10 educational classes or community service directly related to 

11 the community harmed by the defendant’s offense.’’. 

12 TITLE V—BANKRUPTCY 

13 PROTECTIONS 

14 SEC. 501. BANKRUPTCY PROTECTIONS. 

15 (a) BANKRUPTCY PROTECTIONS FOR FEDERAL

16 CORONAVIRUS RELIEF PAYMENTS.—Section 541(b) of title 

17 11, United States Code, is amended— 

18 (1) in paragraph (9), in the matter following 

19 subparagraph (B), by striking ‘‘or’’; 

20 (2) in paragraph (10)(C), by striking the period 

21 at the end and inserting ‘‘; or’’; and 

22 (3) by inserting after paragraph (10) the fol23 lowing: 

24 ‘‘(11) payments made under Federal law relat25 ing to the national emergency declared by the Presi26 dent under the National Emergencies Act (50 U.S.C. 
2067 

•HR 925 EAH 

1 1601 et seq.) with respect to the coronavirus disease 

2 2019 (COVID–19).’’. 

3 (b) PROTECTION AGAINST DISCRIMINATORY TREAT4 MENT OF HOMEOWNERS IN BANKRUPTCY.—Section 525 of 

5 title 11, United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘(d) A person may not be denied any forbearance, as8 sistance, or loan modification relief made available to bor9 rowers by a mortgage creditor or servicer because the person 

10 is or has been a debtor, or has received a discharge, in a 

11 case under this title.’’. 

12 (c) INCREASING THE HOMESTEAD EXEMPTION.—Sec13 tion 522 of title 11, United States Code, is amended— 

14 (1) in subsection (d)(1), by striking ‘‘$15,000’’ 

15 and inserting ‘‘$100,000’’; and 

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

17 ‘‘(r) Notwithstanding any other provision of applicable 

18 nonbankruptcy law, a debtor in any State may exempt 

19 from property of the estate the property described in sub20 section (d)(1) not to exceed the value in subsection (d)(1) 

21 if the exemption for such property permitted by applicable 

22 nonbankruptcy law is lower than that amount.’’. 

23 (d) EFFECT OF MISSED MORTGAGE PAYMENTS ON

24 DISCHARGE.—Section 1328 of title 11, United States Code, 

25 is amended by adding at the end the following: 
2068 

•HR 925 EAH 

1 ‘‘(i) A debtor shall not be denied a discharge under 

2 this section because, as of the date of discharge, the debtor 

3 did not make 6 or fewer payments directly to the holder 

4 of a debt secured by real property. 

5 ‘‘(j) Notwithstanding subsections (a) and (b), upon the 

6 debtor’s request, the court shall grant a discharge of all debts 

7 provided for in the plan that are dischargeable under sub8 section (a) if the debtor— 

9 ‘‘(1) has made payments under a confirmed plan 

10 for at least 1 year; and 

11 ‘‘(2) is experiencing or has experienced a mate12 rial financial hardship due, directly or indirectly, to 

13 the coronavirus disease 2019 (COVID–19) pan14 demic.’’. 

15 (e) EXPANDED ELIGIBILITY FOR CHAPTER 13.—Sec16 tion 109(e) of title 11, United States Code, is amended— 

17 (1) by striking ‘‘$250,000’’ each place the term 

18 appears and inserting ‘‘$850,000’’; and 

19 (2) by striking ‘‘$750,000’’ each place the term 

20 appears and inserting ‘‘$2,600,000’’. 

21 (f) EXTENDED CURE PERIOD FOR HOMEOWNERS

22 HARMED BY COVID–19 PANDEMIC.— 

23 (1) IN GENERAL.—Chapter 13 of title 11, United 

24 States Code, is amended by adding at the end thereof 

25 the following: 
2069 

•HR 925 EAH 

1 ‘‘§ 1331. Special provisions related to COVID–19 pan2 demic 

3 ‘‘(a) Notwithstanding subsections (b)(2) and (d) of sec4 tion 1322, if the debtor is experiencing or has experienced 

5 a material financial hardship due, directly or indirectly, 

6 to the coronavirus disease 2019 (COVID–19) pandemic, a 

7 plan may provide for the curing of any default within a 

8 reasonable time, not to exceed 7 years after the time that 

9 the first payment under the original confirmed plan was 

10 due, and maintenance of payments while the case is pend11 ing on any unsecured claim or secured claim on which the 

12 last payment is due after the expiration of such time. Any 

13 such plan provision shall not affect the applicable commit14 ment period under section 1325(b). 

15 ‘‘(b) For purposes of sections 1328(a) and 1328(b), any 

16 cure or maintenance payments under subsection (a) that 

17 are made after the end of the period during which the plan 

18 provides for payments (other than payments under sub19 section (a)) shall not be treated as payments under the plan. 

20 ‘‘(c) Notwithstanding section 1329(c), a plan modified 

21 under section 1329 at the debtor’s request may provide for 

22 cure or maintenance payments under subsection (a) over 

23 a period that is not longer than 7 years after the time that 

24 the first payment under the original confirmed plan was 

25 due. 
2070 

•HR 925 EAH 

1 ‘‘(d) Notwithstanding section 362(c)(2), during the pe2 riod after the debtor receives a discharge and the period 

3 during which the plan provides for the cure of any default 

4 and maintenance of payments under the plan, section 

5 362(a) shall apply to the holder of a claim for which a de6 fault is cured and payments are maintained under sub7 section (a) and to any property securing such claim. 

8 ‘‘(e) Notwithstanding section 1301(a)(2), the stay of 

9 section 1301(a) terminates upon the granting of a discharge 

10 under section 1328 with respect to all creditors other than 

11 the holder of a claim for which a default is cured and pay12 ments are maintained under subsection (a).’’. 

13 (2) TABLE OF CONTENTS.—The table of sections 

14 of chapter 13, title 11, United States Code, is amend15 ed by adding at the end thereof the following: 

‘‘Sec. 1331. Special provisions related to COVID–19 Pandemic.’’. 

16 (3) APPLICATION.—The amendments made by 

17 this paragraph shall apply only to any case under 

18 title 11, United States Code, commenced before 3 

19 years after the date of enactment of this Act and 

20 pending on or commenced after such date of enact21 ment, in which a plan under chapter 13 of title 11, 

22 United States Code, was not confirmed before March 

23 27, 2020. 
2071 

•HR 925 EAH 

1 DIVISION U—OTHER MATTERS 

2 TITLE I—PRESUMPTION OF 

3 SERVICE CONNECTION FOR 

4 CORONAVIRUS DISEASE 2019 

5 SEC. 101. PRESUMPTIONS OF SERVICE-CONNECTION FOR 

6 MEMBERS OF ARMED FORCES WHO CON7 TRACT CORONAVIRUS DISEASE 2019 UNDER 

8 CERTAIN CIRCUMSTANCES. 

9 (a) IN GENERAL.—Subchapter VI of chapter 11 of title 

10 38, United States Code, is amended by adding at the end 

11 the following new section: 

12 ‘‘§ 1164. Presumptions of service-connection for 

13 Coronavirus Disease 2019 

14 ‘‘(a) PRESUMPTIONS GENERALLY.—(1) For purposes 

15 of laws administered by the Secretary and subject to section 

16 1113 of this title, if symptoms of Coronavirus Disease 2019 

17 (in this section referred to as ‘COVID–19’) described in sub18 section (d) manifest within one of the manifestation periods 

19 described in paragraph (2) in an individual who served in 

20 a qualifying period of duty described in subsection (b)— 

21 ‘‘(A) infection with severe acute respiratory syn22 drome coronavirus 2 (in this section referred to as 

23 ‘SARS–CoV–2’) shall be presumed to have occurred 

24 during the qualifying period of duty; 
2072 

•HR 925 EAH 

1 ‘‘(B) COVID–19 shall be presumed to have been 

2 incurred during the qualifying period of duty; and 

3 ‘‘(C) if the individual becomes disabled or dies as 

4 a result of COVID–19, it shall be presumed that the 

5 individual became disabled or died during the quali6 fying period of duty for purposes of establishing that 

7 the individual served in the active military, naval, or 

8 air service. 

9 ‘‘(2)(A) The manifestation periods described in this 

10 paragraph are the following: 

11 ‘‘(i) During a qualifying period of duty de12 scribed in subsection (b), if that period of duty was 

13 more than 48 continuous hours in duration. 

14 ‘‘(ii) Within 14 days after the individual’s com15 pletion of a qualifying period of duty described in 

16 subsection (b). 

17 ‘‘(iii) An additional period prescribed under sub18 paragraph (B). 

19 ‘‘(B)(i) If the Secretary determines that a manifesta20 tion period of more than 14 days after completion of a 

21 qualifying period of service is appropriate for the presump22 tions under paragraph (1), the Secretary may prescribe 

23 that additional period by regulation. 
2073 

•HR 925 EAH 

1 ‘‘(ii) A determination under clause (i) shall be made 

2 in consultation with the Director of the Centers for Disease 

3 Control and Prevention. 

4 ‘‘(b) QUALIFYING PERIOD OF DUTY DESCRIBED.—A 

5 qualifying period of duty described in this subsection is a 

6 period of— 

7 ‘‘(1) active duty; or 

8 ‘‘(2) the following duty or training not covered 

9 by paragraph (1) performed under orders issued on or 

10 after March 13, 2020, during the national emergency 

11 declared by the President under the National Emer12 gencies Act (50 U.S.C. 1601 et seq.): 

13 ‘‘(A) Training duty under title 10. 

14 ‘‘(B) Full-time National Guard duty (as de15 fined in section 101 of title 10). 

16 ‘‘(c) APPLICATION OF PRESUMPTIONS FOR TRAINING

17 DUTY.—When, pursuant to subsection (a), COVID–19 is 

18 presumed to have been incurred during a qualifying period 

19 of duty described in subsection (b)(2)— 

20 ‘‘(1) COVID–19 shall be deemed to have been in21 curred in the line of duty during a period of active 

22 military, naval, or air service; and 

23 ‘‘(2) where entitlement to benefits under this title 

24 is predicated on the individual who was disabled or 

25 died being a veteran, benefits for disability or death 
2074 

•HR 925 EAH 

1 resulting from COVID–19 as described in subsection 

2 (a) shall be paid or furnished as if the individual was 

3 a veteran, without regard to whether the period of 

4 duty would constitute active military, naval, or air 

5 service under section 101 of this title. 

6 ‘‘(d) SYMPTOMS OF COVID–19.—For purposes of sub7 section (a), symptoms of COVID–19 are those symptoms 

8 that competent medical evidence demonstrates are experi9 enced by an individual affected and directly related to 

10 COVID–19. 

11 ‘‘(e) MEDICAL EXAMINATIONS AND OPINIONS.—If there 

12 is a question of whether the symptoms experienced by an 

13 individual described in paragraph (1) of subsection (a) dur14 ing a manifestation period described in paragraph (2) of 

15 such subsection are attributable to COVID–19 resulting 

16 from infection with SARS–CoV–2 during the qualifying pe17 riod of duty, in determining whether a medical examina18 tion or medical opinion is necessary to make a decision 

19 on the claim within the meaning of section 5103A(d) of this 

20 title, a qualifying period of duty described in subsection (b) 

21 of this section shall be treated as if it were active military, 

22 naval, or air service for purposes of section 5103A(d)(2)(B) 

23 of this title.’’. 
2075 

•HR 925 EAH 

1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such subchapter is amended by adding at 

3 the end the following new item: 

‘‘1164. Presumptions of service-connection for Coronavirus Disease 2019.’’. 

4 TITLE II—CORONAVIRUS RELIEF 

5 FUND AMENDMENTS 

6 SEC. 201. CONGRESSIONAL INTENT RELATING TO TRIBAL 

7 GOVERNMENTS ELIGIBLE FOR CORONAVIRUS 

8 RELIEF FUND PAYMENTS. 

9 (a) PURPOSE.—The purpose of this section and the 

10 amendments made by subsection (b) is to clarify the intent 

11 of Congress that only Federally recognized Tribal govern12 ments are eligible for payments from the Coronavirus Relief 

13 Fund established in section 601 of the Social Security Act, 

14 as added by section 5001(a) of the Coronavirus Aid, Relief, 

15 and Economic Security Act (Public Law 116–136). 

16 (b) ELIGIBLE TRIBAL GOVERNMENTS.—Effective as if 

17 included in the enactment of the Coronavirus Aid, Relief, 

18 and Economic Security Act (Public Law 116–136), section 

19 601 of the Social Security Act, as added by section 5001(a) 

20 of the Coronavirus Aid, Relief, and Economic Security Act, 

21 is amended— 

22 (1) in subsection (c)(7), by striking ‘‘Indian 

23 Tribes’’ and inserting ‘‘Tribal governments’’; and 

24 (2) in subsection (g)— 

25 (A) by striking paragraph (1); 
2076 

•HR 925 EAH 

1 (B) by redesignating paragraphs (2) 

2 through (5) as paragraphs (1) through (4), re3 spectively; and 

4 (C) by striking paragraph (4) (as redesig5 nated by subparagraph (B)) and inserting the 

6 following: 

7 ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal 

8 government’ means the recognized governing body of 

9 any Indian or Alaska Native tribe, band, nation, 

10 pueblo, village, community, component band, or com11 ponent reservation, individually identified (including 

12 parenthetically) in the list published most recently as 

13 of the date of enactment of this Act pursuant to sec14 tion 104 of the Federally Recognized Indian Tribe 

15 List Act of 1994 (25 U.S.C. 5131).’’. 

16 (c) RULES RELATING TO PAYMENTS MADE BEFORE

17 THE DATE OF ENACTMENT OF THIS ACT.— 

18 (1) PAYMENTS MADE TO INELIGIBLE ENTITIES.— 

19 The Secretary of the Treasury shall require any enti20 ty that was not eligible to receive a payment from the 

21 amount set aside for fiscal year 2020 under subsection 

22 (a)(2)(B) of section 601 of the Social Security Act, as 

23 added by section 5001(a) of the Coronavirus Aid, Re24 lief, and Economic Security Act (Public Law 116– 

25 136) and after the application of the amendments 
2077 

•HR 925 EAH 

1 made by subsection (a) clarifying congressional intent 

2 relating to eligibility for such a payment, to return 

3 the full payment to the Department. 

4 (2) DISTRIBUTION OF PAYMENTS RETURNED BY

5 INELIGIBLE ENTITIES.—The Secretary of the Treas6 ury shall distribute payments returned under para7 graph (1), without further appropriation or fiscal 

8 year limitation and not later than 7 days after re9 ceiving any returned funds as required under para10 graph (1) to Tribal governments eligible for payments 

11 under such section 601 of the Social Security Act, as 

12 amended by subsection (a), in accordance with sub13 section (c)(7) of such Act. 

14 (3) LIMITATION ON SECRETARIAL AUTHORITY.— 

15 The Secretary of the Treasury is prohibited from re16 quiring an entity that is eligible for a payment from 

17 the amount set aside for fiscal year 2020 under sub18 section (a)(2)(B) of section 601 of the Social Security 

19 Act, as amended by subsection(a), and that received 

20 a payment before the date of enactment of this Act, 

21 from requiring the entity to return all or part of the 

22 payment except to the extent authorized under section 

23 601(f) of such Act in the case of a determination by 

24 the Inspector General of the Department of the Treas25 ury that the Tribal government failed to comply with 
2078 

•HR 925 EAH 

1 the use of funds requirements of section 601(d) of such 

2 Act. 

3 SEC. 202. REDISTRIBUTION OF AMOUNTS RECOVERED OR 

4 RECOUPED FROM PAYMENTS FOR TRIBAL 

5 GOVERNMENTS; REPORTING REQUIREMENTS. 

6 Effective as if included in the enactment of the 

7 Coronavirus Aid, Relief, and Economic Security Act (Pub8 lic Law 116–136), section 601(c)(7) of the Social Security 

9 Act, as added by section 5001(a) of the Coronavirus Aid, 

10 Relief, and Economic Security Act, is amended— 

11 (1) by striking ‘‘From the amount’’ and insert12 ing the following: 

13 ‘‘(A) IN GENERAL.—From the amount’’; 

14 and 

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

16 ‘‘(B) REDISTRIBUTION OF FUNDS.— 

17 ‘‘(i) REQUIREMENT.—In carrying out 

18 the requirement under subparagraph (A) to 

19 ensure that all amounts available under 

20 subsection (a)(2)(B) for fiscal year 2020 are 

21 distributed to Tribal governments, the Sec22 retary of the Treasury shall redistribute any 

23 amounts from payments for Tribal govern24 ments that are recovered through 

25 recoupment activities carried out by the In-
2079 

•HR 925 EAH 

1 spector General of the Department of the 

2 Treasury under subsection (f), without fur3 ther appropriation, using a procedure and 

4 methodology determined by the Secretary in 

5 consultation with Tribal governments, to 

6 Tribal Governments that apply for pay7 ments from such amounts. 

8 ‘‘(ii) REPAYMENT.—In carrying out 

9 the recoupment activities by the Inspector 

10 General of the Department of the Treasury 

11 under subsection (f), the Secretary of the 

12 Treasury shall not impose any additional 

13 fees, penalties, or interest payments on 

14 Tribal governments associated with any 

15 amounts that are recovered. 

16 ‘‘(C) DISCLOSURE AND REPORTING RE17 QUIREMENTS.— 

18 ‘‘(i) DISCLOSURE OF FUNDING FOR19 MULA AND METHODOLOGY.—Not later than 

20 24 hours before any payments for Tribal 

21 governments are distributed by the Sec22 retary of the Treasury pursuant to the re23 quirements under subparagraph (A) and 

24 subparagraph (B), the Secretary shall pub-
2080 

•HR 925 EAH 

1 lish on the website of the Department of the 

2 Treasury— 

3 ‘‘(I) a detailed description of the 

4 funding allocation formula; and 

5 ‘‘(II) a detailed description of the 

6 procedure and methodology used to de7 termine the funding allocation for8 mula. 

9 ‘‘(ii) REPORT ON FUND DISTRIBU10 TION.—No later than 7 days after payments 

11 for Tribal governments are distributed by 

12 the Secretary of the Treasury pursuant to 

13 the requirements under subparagraph (A) 

14 or subparagraph (B), the Secretary shall 

15 publish on the website of the Department of 

16 the Treasury the date and amount of all 

17 fund disbursements, broken down by indi18 vidual Tribal government recipient.’’. 

19 SEC. 203. USE OF RELIEF FUNDS. 

20 Effective as if included in the Coronavirus, Aid, Relief, 

21 and Economic Security Act (Public Law 116–136), section 

22 601 of the Social Security Act, as added by section 5001(a) 

23 of such Act, is amended by striking subsection (d) and in24 serting the following: 
2081 

•HR 925 EAH 

1 ‘‘(d) USE OF FUNDS.—A State, Tribal government, 

2 and unit of local government shall use the funds provided 

3 under a payment made under this section to 

4 ‘‘(1) cover only those costs of the State, Tribal 

5 government, or unit of local government that— 

6 ‘‘(A) Are necessary expenditures incurred 

7 due to the public health emergency with respect 

8 to the coronavirus disease 2019 (COVID–19); 

9 ‘‘(B) were not accounted for in the budget 

10 most recently approved as of the date of enact11 ment of this section for the State or government; 

12 and 

13 ‘‘(C) were incurred during the period that 

14 begins on January 31, 2020, and ends on De15 cember 31, 2021; or 

16 ‘‘(2) Replace lost, delayed, or decreased revenues, 

17 stemming from the public health emergency with re18 spect to the coronavirus disease (COVID–19).’’. 

19 TITLE III—ENERGY AND 

20 ENVIRONMENT PROVISIONS 

21 SEC. 301. HOME ENERGY AND WATER SERVICE CONTINUITY. 

22 Any entity receiving financial assistance pursuant to 

23 any division of this Act shall, to the maximum extent prac24 ticable, establish or maintain in effect policies to ensure 

25 that no home energy service or public water system service 
2082 

•HR 925 EAH 

1 to a residential customer, which is provided or regulated 

2 by such entity, is or remains disconnected or interrupted 

3 during the emergency period described in section 

4 1135(g)(1)(B) of the Social Security Act because of non5 payment, and all reconnections of such public water system 

6 service are conducted in a manner that minimizes risk to 

7 the health of individuals receiving such service. For pur8 poses of this section, the term ‘‘home energy service’’ means 

9 a service to provide home energy, as such term is defined 

10 in section 2603 of the Low-Income Home Energy Assistance 

11 Act of 1981, or service provided by an electric utility, as 

12 such term is defined in section 3 of the Public Utility Regu13 latory Policies Act of 1978, and the term ‘‘public water sys14 tem’’ has the meaning given that term in section 1401 of 

15 the Safe Drinking Water Act. Nothing in this section shall 

16 be construed to require forgiveness of any debt incurred or 

17 owed to an entity or to absolve an individual of any obliga18 tion to an entity for service, nor to preempt any State or 

19 local law or regulation governing entities that provide such 

20 services to residential customers. 

21 SEC. 302. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 

22 (a) ENVIRONMENTAL JUSTICE GRANTS.—The Admin23 istrator of the Environmental Protection Agency shall con24 tinue to carry out— 
2083 

•HR 925 EAH 

1 (1) the Environmental Justice Small Grants 

2 Program and the Environmental Justice Collabo3 rative Problem-Solving Cooperative Agreement Pro4 gram, as those programs are in existence on the date 

5 of enactment of this Act; and 

6 (2) the Community Action for a Renewed Envi7 ronment grant programs I and II, as in existence on 

8 January 1, 2012. 

9 (b) USE OF FUNDS FOR GRANTS IN RESPONSE TO

10 COVID–19 PANDEMIC.—With respect to amounts appro11 priated by division A of this Act that are available to carry 

12 out the programs described in subsection (a), the Adminis13 trator of the Environmental Protection Agency may only 

14 award grants under such programs for projects that will 

15 investigate or address the disproportionate impacts of the 

16 COVID–19 pandemic in environmental justice commu17 nities. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out the programs 

20 described in subsection (a) $50,000,000 for fiscal year 2021, 

21 and such sums as may be necessary for each fiscal year 

22 thereafter. 

23 (d) DISTRIBUTION.—Not later than 30 days after 

24 amounts are made available pursuant to subsection (c), the 

25 Administrator of the Environmental Protection Agency 
2084 

•HR 925 EAH 

1 shall make awards of grants under each of the programs 

2 described in subsection (a). 

3 SEC. 303. LOW-INCOME HOUSEHOLD DRINKING WATER AND 

4 WASTEWATER ASSISTANCE. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated $1,500,000,000 to the Sec7 retary to carry out this section. 

8 (b) LOW-INCOME HOUSEHOLD DRINKING WATER AND

9 WASTEWATER ASSISTANCE.—The Secretary shall make 

10 grants to States and Indian Tribes to assist low-income 

11 households, particularly those with the lowest incomes, that 

12 pay a high proportion of household income for drinking 

13 water and wastewater services, by providing funds to own14 ers or operators of public water systems or treatment works 

15 to reduce rates charged to such households for such services. 

16 (c) NONDUPLICATION OF EFFORT.—In carrying out 

17 this section, the Secretary, States, and Indian Tribes, as 

18 applicable, shall, as appropriate and to the extent prac19 ticable, use existing processes, procedures, policies, and sys20 tems in place to provide assistance to low-income house21 holds, including by using existing application and approval 

22 processes. 

23 (d) ALLOTMENT.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the Secretary shall allot amounts appro-
2085 

•HR 925 EAH 

1 priated pursuant to this section to a State or Indian 

2 Tribe based on the following: 

3 (A) The percentage of households in the 

4 State, or under the jurisdiction of the Indian 

5 Tribe, with income equal to or less than 150 per6 cent of the Federal poverty line. 

7 (B) The percentage of such households in the 

8 State, or under the jurisdiction of the Indian 

9 Tribe, that spend more than 30 percent of 

10 monthly income on housing. 

11 (C) The extent to which the State or Indian 

12 Tribe has been affected by the public health emer13 gency, including the rate of transmission of 

14 COVID–19 in the State or area over which the 

15 Indian Tribe has jurisdiction, the number of 

16 COVID–19 cases compared to the national aver17 age, and economic disruptions resulting from the 

18 public health emergency. 

19 (2) RESERVED FUNDS.—The Secretary shall re20 serve not more than 10 percent of the amounts appro21 priated pursuant to this section for allotment to 

22 States and Indian Tribes based on the economic dis23 ruptions to the States and Indian Tribes resulting 

24 from the emergency described in the emergency dec25 laration issued by the President on March 13, 2020, 
2086 

•HR 925 EAH 

1 pursuant to section 501(b) of the Robert T. Stafford 

2 Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5191(b)), during the period covered by such 

4 emergency declaration and any subsequent major dis5 aster declaration under section 401 of such Act (42 

6 U.S.C. 5170) that supersedes such emergency declara7 tion. 

8 (e) DETERMINATION OF LOW-INCOME HOUSEHOLDS.— 

9 (1) MINIMUM DEFINITION OF LOW-INCOME.—In 

10 determining whether a household is considered low-in11 come for the purposes of this section, a State or In12 dian Tribe— 

13 (A) shall ensure that, at a minimum— 

14 (i) all households with income equal to 

15 or less than 150 percent of the Federal pov16 erty line are included as low-income house17 holds; and 

18 (ii) all households with income equal to 

19 or less than 60 percent of the State median 

20 income are included as low-income house21 holds; 

22 (B) may include households that have been 

23 adversely economically affected by job loss or se24 vere income loss related to the public health 

25 emergency; and 
2087 

•HR 925 EAH 

1 (C) may include other households, including 

2 households in which 1 or more individuals are 

3 receiving— 

4 (i) assistance under the State program 

5 funded under part A of title IV of the Social 

6 Security Act (42 U.S.C. 601 et seq.); 

7 (ii) supplemental security income pay8 ments under title XVI of the Social Security 

9 Act (42 U.S.C. 1381 et seq.); 

10 (iii) supplemental nutrition assistance 

11 program benefits under the Food and Nutri12 tion Act of 2008 (7 U.S.C. 2011 et seq.); or 

13 (iv) payments under section 1315, 

14 1521, 1541, or 1542 of title 38, United 

15 States Code, or under section 306 of the Vet16 erans’ and Survivors’ Pension Improvement 

17 Act of 1978. 

18 (2) HOUSEHOLD DOCUMENTATION REQUIRE19 MENTS.—States and Indian Tribes shall— 

20 (A) to the maximum extent practicable, seek 

21 to limit the income history documentation re22 quirements for determining whether a household 

23 is considered low-income for the purposes of this 

24 section; and 
2088 

•HR 925 EAH 

1 (B) for the purposes of income eligibility, 

2 accept proof of job loss or severe income loss 

3 dated after February 29, 2020, such as a layoff 

4 or furlough notice or verification of application 

5 of unemployment benefits, as sufficient to dem6 onstrate lack of income for an individual or 

7 household. 

8 (f) APPLICATIONS.—Each State or Indian Tribe desir9 ing to receive a grant under this section shall submit an 

10 application to the Secretary, in such form as the Secretary 

11 shall require. 

12 (g) UTILITY RESPONSIBILITIES.—Owners or operators 

13 of public water systems or treatment works receiving funds 

14 pursuant to this section for the purposes of reducing rates 

15 charged to low-income households for service shall— 

16 (1) conduct outreach activities designed to ensure 

17 that such households are made aware of the rate as18 sistance available pursuant to this section; 

19 (2) charge such households, in the normal billing 

20 process, not more than the difference between the ac21 tual cost of the service provided and the amount of the 

22 payment made by the State or Indian Tribe pursuant 

23 to this section; and 
2089 

•HR 925 EAH 

1 (3) within 45 days of providing assistance to a 

2 household pursuant to this section, notify in writing 

3 such household of the amount of such assistance. 

4 (h) STATE AGREEMENTS WITH DRINKING WATER AND

5 WASTEWATER PROVIDERS.—To the maximum extent prac6 ticable, a State that receives a grant under this section shall 

7 enter into agreements with owners and operators of public 

8 water systems, owners and operators of treatment works, 

9 municipalities, nonprofit organizations associated with 

10 providing drinking water, wastewater, and other social 

11 services to rural and small communities, and Indian 

12 Tribes, to assist in identifying low-income households and 

13 to carry out this section. 

14 (i) ADMINISTRATIVE COSTS.—A State or Indian Tribe 

15 that receives a grant under this section may use up to 8 

16 percent of the granted amounts for administrative costs. 

17 (j) FEDERAL AGENCY COORDINATION.—In carrying 

18 out this section, the Secretary shall coordinate with the Ad19 ministrator of the Environmental Protection Agency and 

20 consult with other Federal agencies with authority over the 

21 provision of drinking water and wastewater services. 

22 (k) AUDITS.—The Secretary shall require each State 

23 and Indian Tribe receiving a grant under this section to 

24 undertake periodic audits and evaluations of expenditures 
2090 

•HR 925 EAH 

1 made by such State or Indian Tribe pursuant to this sec2 tion. 

3 (l) REPORTS TO CONGRESS.—The Secretary shall sub4 mit to Congress a report on the results of activities carried 

5 out pursuant to this section— 

6 (1) not later than 1 year after the date of enact7 ment of this section; and 

8 (2) upon disbursement of all funds appropriated 

9 pursuant to this section. 

10 (m) DEFINITIONS.—In this section: 

11 (1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

12 means any Indian Tribe, band, group, or community 

13 recognized by the Secretary of the Interior and exer14 cising governmental authority over a Federal Indian 

15 reservation. 

16 (2) MUNICIPALITY.—The term ‘‘municipality’’ 

17 has the meaning given such term in section 502 of the 

18 Federal Water Pollution Control Act (33 U.S.C. 

19 1362). 

20 (3) PUBLIC HEALTH EMERGENCY.—The term 

21 ‘‘public health emergency’’ means the public health 

22 emergency described in section 1135(g)(1)(B) of the 

23 Social Security Act (42 U.S.C. 1320b–5). 

24 (4) PUBLIC WATER SYSTEM.—The term ‘‘public 

25 water system’’ has the meaning given such term in 
2091 

•HR 925 EAH 

1 section 1401 of the Safe Drinking Water Act (42 

2 U.S.C. 300f). 

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

4 the Secretary of Health and Human Services. 

5 (6) STATE.—The term ‘‘State’’ means a State, 

6 the District of Columbia, the Commonwealth of Puer7 to Rico, the Virgin Islands of the United States, 

8 Guam, American Samoa, and the Commonwealth of 

9 the Northern Mariana Islands. 

10 (7) TREATMENT WORKS.—The term ‘‘treatment 

11 works’’ has the meaning given that term in section 

12 212 of the Federal Water Pollution Control Act (33 

13 U.S.C. 1292). 

14 SEC. 304. HOME WATER SERVICE CONTINUITY. 

15 (a) CONTINUITY OF SERVICE.—Any entity receiving 

16 financial assistance under division A of this Act shall, to 

17 the maximum extent practicable, establish or maintain in 

18 effect policies to ensure that, with respect to any service pro19 vided by a public water system or treatment works to an 

20 occupied residence, which service is provided or regulated 

21 by such entity— 

22 (1) no such service is or remains disconnected or 

23 interrupted during the emergency period because of 

24 nonpayment; 
2092 

•HR 925 EAH 

1 (2) all reconnections of such service are con2 ducted in a manner that minimizes risk to the health 

3 of individuals receiving such service; and 

4 (3) no fees for late payment of bills for such serv5 ice are charged or accrue during the emergency pe6 riod. 

7 (b) EFFECT.—Nothing in this section shall be con8 strued to require forgiveness of outstanding debt owed to 

9 an entity or to absolve an individual of any obligation to 

10 an entity for service. 

11 (c) DEFINITIONS.—In this section: 

12 (1) EMERGENCY PERIOD.—The term ‘‘emergency 

13 period’’ means the emergency period described in sec14 tion 1135(g)(1)(B) of the Social Security Act (42 

15 U.S.C. 1320b–5). 

16 (2) PUBLIC WATER SYSTEM.—The term ‘‘public 

17 water system’’ has the meaning given such term in 

18 section 1401 of the Safe Drinking Water Act (42 

19 U.S.C. 300f). 

20 (3) TREATMENT WORKS.—The term ‘‘treatment 

21 works’’ has the meaning given that term in section 

22 212 of the Federal Water Pollution Control Act (33 

23 U.S.C. 1292). 
2093 

•HR 925 EAH 

1 TITLE IV—MISCELLANEOUS 

2 MATTERS 

3 SEC. 401. TECHNICAL CORRECTIONS AND CLARIFICATION. 

4 (a) Section 4002 of the CARES Act (Public Law 116– 

5 136; 15 U.S.C. 9041) is amended by adding at the end the 

6 following new paragraph: 

7 ‘‘(13) BUSINESSES CRITICAL TO MAINTAINING

8 NATIONAL SECURITY.—The term ‘businesses critical to 

9 maintaining national security’ includes businesses 

10 that manufacture and produce aerospace-related prod11 ucts, civil or defense, including those that design, in12 tegrate, assemble, supply, maintain and repair such 

13 products, and other businesses as further defined by 

14 the Secretary, in consultation with the Secretary of 

15 Defense and the Secretary of Transportation. For 

16 purposes of the preceding sentence, aerospace-related 

17 products include, but are not limited to, components, 

18 parts, or systems of aircraft, aircraft engines, or ap19 pliances for inclusion in an aircraft, aircraft engine, 

20 or appliance.’’. 

21 SEC. 402. TRADE OF INJURIOUS SPECIES AND SPECIES 

22 THAT POSE A RISK TO HUMAN HEALTH. 

23 Section 42 of title 18, United States Code, is amend24 ed— 

25 (1) in subsection (a)— 
2094 

•HR 925 EAH 

1 (A) in paragraph (1)— 

2 (i) by inserting ‘‘or any interstate 

3 transport between States within the conti4 nental United States,’’ after ‘‘shipment be5 tween the continental United States, the 

6 District of Columbia, Hawaii, the Common7 wealth of Puerto Rico, or any possession of 

8 the United States,’’; and 

9 (ii) by striking ‘‘to be injurious to 

10 human beings, to the interests of agri11 culture’’ and inserting ‘‘to be injurious to or 

12 to transmit a pathogen that can cause dis13 ease in humans, to be injurious to the inter14 ests of agriculture’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(6) In the case of an emergency posing a sig17 nificant risk to the health of humans, the Secretary 

18 of the Interior may designate a species by interim 

19 final rule. At the time of publication of the regulation 

20 in the Federal Register, the Secretary shall publish 

21 therein detailed reasons why such regulation is nec22 essary, and in the case that such regulation applies 

23 to a native species, the Secretary shall give actual no24 tice of such regulation to the State agency in each 

25 State in which such species is believed to occur. Any 
2095 

•HR 925 EAH 

1 regulation promulgated under the authority of this 

2 paragraph shall cease to have force and effect at the 

3 close of the 365-day period following the date of publi4 cation unless, during such 365-day period, the rule5 making procedures which would apply to such regula6 tion without regard to this paragraph are complied 

7 with. If at any time after issuing an emergency regu8 lation the Secretary determines, on the basis of the 

9 best appropriate data available to the Secretary, that 

10 substantial evidence does not exist to warrant such 

11 regulation, the Secretary shall withdraw it. 

12 ‘‘(7) Not more than 90 days after receiving a pe13 tition of an interested person under section 553(e) of 

14 title 5, United States Code, to determine that a spe15 cies is injurious under this section, the Secretary of 

16 the Interior shall determine whether such petition has 

17 scientific merit. If the Secretary determines a petition 

18 has scientific merit, such Secretary shall make a de19 termination regarding such petition not more than 12 

20 months after the date such Secretary received such pe21 tition.’’; and 

22 (2) by amending subsection (b) to read as fol23 lows: 

24 ‘‘(b) Any person who knowingly imports, ships, or 

25 transports any species in violation of subsection (a) of this 
2096 

•HR 925 EAH 

1 section and who reasonably should have known that the spe2 cies at issue in such violation is a species listed in sub3 section (a) of this section, or in any regulation issued pur4 suant thereto, shall be fined under this title or imprisoned 

5 not more than six months, or both.’’. 

6 SEC. 403. RESCISSION OF FUNDS. 

7 Of the unobligated balances available under section 

8 4027 of division A of the CARES Act (Public Law 116– 

9 136), $146,000,000,000 is hereby permanently rescinded. 

Attest: 

Clerk. 

116TH CONGRESS 

2D SESSION H.R. 925 

HOUSE AMENDMENT TO 

SENATE AMENDMENT