324 
‘‘(2) INTEREST REFUND IN LIEU OF RETRO-
ACTIVE APPLICABILITY.—By not later than 60 days 
after the date of enactment of the Pandemic Edu-
cation Response Act, the Secretary or, as applicable, 
the Secretary of Health and Human Services, shall, 
for each Federal student loan defined in subpara-
graph (B) or (C) of section 3502(a)(2) for which in-
terest was not paid by such Secretary pursuant to 
paragraph (1) during the period beginning on March 
13, 2020 and ending on such date of enactment— 
‘‘(A) determine the amount of interest due 
(or that would have been due in the absence of 
being voluntarily paid by the holder of such 
loan) on such loan during the period beginning 
March 13, 2020, and ending on such date of 
enactment; and 
‘‘(B) refund the amount of interest cal-
culated under subparagraph (A), by— 
‘‘(i) paying the holder of the loan the 
amount of the interest calculated under 
subparagraph (A), to be applied to the 
loan balance for the borrower of such loan; 
or 
‘‘(ii) if there is no outstanding balance 
or payment due on the loan as of the date 
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on which the refund is to be provided, pro-
viding a payment in the amount of the in-
terest calculated under subparagraph (A) 
directly to the borrower. 
‘‘(3) SUSPENSION
OF
INTEREST
CAPITALIZA-
TION.— 
‘‘(A) IN GENERAL.—With respect to any 
Federal student loan, interest that accrued but 
had not been paid prior to March 13, 2020, and 
had not been capitalized as of such date, shall 
not be capitalized. 
‘‘(B) TRANSITION.—The Secretary or, as 
applicable, the Secretary of Health and Human 
Services, shall ensure that any interest on a 
Federal student loan that had been capitalized 
in violation of subparagraph (A) is corrected 
and the balance of principal and interest due 
for the Federal student loan is adjusted accord-
ingly.’’. 
SEC. 134. NOTICE TO BORROWERS. 
Section 3513(g) of division A of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116–136) 
is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘the Secretary’’ and inserting ‘‘the Sec-
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retary or, as applicable, the Secretary of Health and 
Human Services,’’; 
(2) in paragraph (1)(D), by striking the period 
and inserting a semicolon; 
(3) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘August 1, 2020’’ and insert-
ing ‘‘August 1, 2021’’; and 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) that— 
‘‘(i) a borrower of a Federal student 
loan made, insured, or guaranteed under 
part B or D of title IV of the Higher Edu-
cation Act of 1965 may be eligible to enroll 
in an income-contingent repayment plan 
under section 455(d)(1)(D) of the Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1087e(d)(1)(D)) or an income-based repay-
ment plan under section 493C of such Act 
(20 U.S.C. 1098e), including a brief de-
scription of such repayment plans; and 
‘‘(ii) in the case of a borrower of a 
Federal student loan defined in section 
3502(a)(2)(C) or made under part E of 
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title IV of the Higher Education of 1965, 
the borrower may be eligible to enroll in 
such a repayment plan if the borrower con-
solidates such loan with a loan described in 
clause (i) of this subparagraph, and re-
ceives a Federal Direct Consolidation Loan 
under part D of the Higher Education of 
1965 (20 U.S.C. 1087a et seq.); and’’; and 
(C) by adding at the end the following: 
‘‘(3) in a case in which the accrual of interest 
on Federal student loans is suspended under sub-
section (b)(1) beyond September 30, 2021, during 
the 2-month period beginning on the date on which 
the national U–5 measure of labor underutilization 
shows initial signs of recovery (as such terms are de-
fined in subsection (b)(1)(D)) carry out a program 
to provide not less than 6 notices by postal mail, 
telephone, or electronic communication to bor-
rowers— 
‘‘(A) indicating when the interest on Fed-
eral student loans of the borrower will resume 
accrual and capitalization; and 
‘‘(B) the information described in para-
graph (2)(B).’’. 
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SEC. 135. IMPLEMENTATION. 
Section 3513 of division A of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116–136), 
as amended by this part, is further amended by adding 
at the end the following: 
‘‘(i) IMPLEMENTATION.— 
‘‘(1) INFORMATION VERIFICATION.— 
‘‘(A) IN
GENERAL.—To facilitate imple-
mentation of this section, information for the 
purposes described in subparagraph (B), shall 
be reported— 
‘‘(i) by the holders of Federal student 
loans defined in section 3502(a)(2)(B) to 
the satisfaction of the Secretary; and 
‘‘(ii) by the holders of Federal student 
loans defined in section 3502(a)(2)(C) to 
the satisfaction of the Secretary of Health 
and Human Services. 
‘‘(B) PURPOSES.—The purposes of the in-
formation reported under subparagraph (A) are 
to— 
‘‘(i) verify, at the borrower level, the 
payments that are provided or suspended 
under this section; and 
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‘‘(ii) calculate the amount of any in-
terest due to the holder for reimbursement 
of interest under subsection (b). 
‘‘(2) COORDINATION.—The Secretary shall co-
ordinate with the Secretary of Health and Human 
Services to carry out the provisions of this section 
with respect to Federal student loans defined in sec-
tion 3502(a)(2)(C).’’. 
SEC. 136. EFFECTIVE DATE. 
Except as otherwise provided, this part, and the 
amendments made by this part, shall take effect as if en-
acted as part of the Coronavirus Aid, Relief, and Eco-
nomic Security Act (Public Law 116–136). 
PART 2—CONSOLIDATION LOANS AND PUBLIC 
SERVICE LOAN FORGIVENESS 
SEC. 137. SPECIAL RULES RELATING TO FEDERAL DIRECT 
CONSOLIDATION LOANS. 
(a) SPECIAL RULES RELATING TO FEDERAL DIRECT 
CONSOLIDATION LOANS AND PSLF.— 
(1) PUBLIC SERVICE LOAN FORGIVENESS OP-
TION ON CONSOLIDATION APPLICATION.— 
(A) IN GENERAL.—During the period de-
scribed in subsection (e), the Secretary shall— 
(i) include, in any application for a 
Federal Direct Consolidation Loan under 
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part D of title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1087a et seq,), an 
option for the borrower to indicate that the 
borrower intends to participate in the pub-
lic service loan forgiveness program under 
section 455(m) of such Act (20 U.S.C. 
1087e(m)); and 
(ii) for each borrower who submits an 
application for a Federal Direct Consolida-
tion Loan, without regard to whether the 
borrower indicates the intention described 
in clause (i)— 
(I) request that the borrower 
submit a certification of employment; 
and 
(II) after receiving a complete 
certification of employment— 
(aa) carry out the require-
ments of paragraph (2); and 
(bb) inform the borrower of 
the number of qualifying monthly 
payments made on the compo-
nent loans before consolidation 
that shall be deemed, in accord-
ance with paragraph (2)(D), to 
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be qualifying monthly payments 
made on the Federal Direct Con-
solidation Loan. 
(B) HOLD
HARMLESS.—The Secretary 
may not change or otherwise rescind a calcula-
tion made under paragraph (2)(D) after in-
forming the borrower of the results of such cal-
culation under subparagraph (A)(ii)(II)(bb). 
(2) PROCESS TO DETERMINE QUALIFYING PAY-
MENTS FOR PURPOSES OF PSLF.—Upon receipt of a 
complete certification of employment under para-
graph (1)(A)(ii)(II) of a borrower who receives a 
Federal Direct Consolidation Loan described in 
paragraph (1)(A), the Secretary shall— 
(A) review the borrower’s payment history 
to identify each component loan of such Federal 
Direct Consolidation Loan; 
(B) for each such component loan— 
(i) calculate the weighted factor of the 
component loan, which shall be the factor 
that represents the portion of such Federal 
Direct Consolidation Loan that is attrib-
utable to such component loan; and 
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(ii) determine the number of quali-
fying monthly payments made on such 
component loan before consolidation; 
(C) calculate the number of qualifying 
monthly payments determined under subpara-
graph (B)(ii) with respect to a component loan 
that shall be deemed as qualifying monthly pay-
ments made on the Federal Direct Consolida-
tion Loan by multiplying— 
(i) the weighted factor of such compo-
nent loan as determined under subpara-
graph (B)(i), by 
(ii) the number of qualifying monthly 
payments made on such component loan as 
determined under subparagraph (B)(ii); 
and 
(D) calculate the total number of quali-
fying monthly payments with respect to the 
component loans of the Federal Direct Consoli-
dation Loan that shall be deemed as qualifying 
monthly payments made on such Federal Direct 
Consolidation Loan by— 
(i) adding together the result of each 
calculation made under subparagraph (C) 
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with respect to each such component loan; 
and 
(ii) rounding the number determined 
under clause (i) to the nearest whole num-
ber. 
(3) DEFINITIONS.—For purposes of this sub-
section: 
(A) CERTIFICATION
OF
EMPLOYMENT.— 
The term ‘‘certification of employment’’, used 
with respect to a borrower, means a certifi-
cation of the employment of the borrower in a 
public service job (as defined in section 
455(m)(3)(B) of the Higher Education Act of 
1965) on or after October 1, 2007. 
(B) COMPONENT LOAN.—The term ‘‘com-
ponent loan’’, used with respect to a Federal 
Direct Consolidation Loan, means each loan for 
which the liability has been discharged by the 
proceeds of the Federal Direct Consolidation 
Loan, which— 
(i) may include a loan that is not an 
eligible Federal Direct Loan (as defined in 
section 455(m)(3)(A) of the Higher Edu-
cation Act of 1965); and 
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(ii) in the case of a subsequent con-
solidation loan, only includes loans for 
which the liability has been directly dis-
charged by such subsequent consolidation 
loan. 
(C) FEDERAL
DIRECT
CONSOLIDATION 
LOAN.—The term ‘‘Federal Direct Consolida-
tion Loan’’ means a Federal Direct Consolida-
tion Loan made under part D of title IV of the 
Higher Education Act of 1965 (20 U.S.C. 
1087a et seq.). 
(D) QUALIFYING MONTHLY PAYMENT.— 
(i) COMPONENT
LOAN.—The term 
‘‘qualifying monthly payment’’, used with 
respect to a component loan, means a 
monthly payment on such loan made by a 
borrower, during a period of employment 
in a public service job (as defined in sec-
tion 455(m)(3)(B) of the Higher Edu-
cation 
Act 
of 
1965 
(20 
U.S.C. 
1087e(m)(3)(B)) on or after October 1, 
2007, pursuant to— 
(I) a repayment plan under part 
B, D, or E of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 
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1071 et seq.; 1087a et seq.; 1087aa et 
seq.); or 
(II) in the case of a loan made 
under subpart II of part A of title VII 
of the Public Health Service Act or 
under part E of title VIII of the Pub-
lic Health Service Act, a repayment 
plan under title VII or VIII of such 
Act. 
(ii) FEDERAL DIRECT CONSOLIDATION 
LOAN.—The term ‘‘qualifying monthly pay-
ment’’, used with respect to a Federal Di-
rect Consolidation Loan, means a monthly 
payment on such loan that counts as 1 of 
the 120 monthly payments described in 
section 455(m)(1)(A) of the Higher Edu-
cation 
Act 
of 
1965 
(20 
U.S.C. 
1087e(m)(3)(B)). 
(b) SPECIAL RULES RELATING TO FEDERAL DIRECT 
CONSOLIDATION LOANS AND ICR AND IBR.— 
(1) IN GENERAL.—During the period described 
in subsection (e), with respect to a borrower who re-
ceives a Federal Direct Consolidation Loan and who 
intends to repay such loan under an income-contin-
gent repayment plan under section 455(d)(1)(D) of 
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the Higher Education Act of 1965 (20 U.S.C. 
1087e(d)(1)(D)) or an income-based repayment plan 
under section 493C of such Act (20 U.S.C. 1098e), 
the Secretary shall— 
(A) review the borrower’s payment history 
to identify each component loan of such Federal 
Direct Consolidation Loan; 
(B) for each such component loan— 
(i) calculate the weighted factor of the 
component loan, which shall be the factor 
that represents the portion of such Federal 
Direct Consolidation Loan that is attrib-
utable to such component loan; and 
(ii) determine the number of quali-
fying monthly payments made on such 
component loan before consolidation; 
(C) calculate the number of qualifying 
monthly payments determined under subpara-
graph (B)(ii) with respect to a component loan 
that shall be deemed as qualifying monthly pay-
ments made on the Federal Direct Consolida-
tion Loan by multiplying— 
(i) the weighted factor of such compo-
nent loan as determined under subpara-
graph (B)(i), by 
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337 
(ii) the number of qualifying monthly 
payments made on such component loan as 
determined under subparagraph (B)(ii); 
and 
(D) calculate and inform the borrower of 
the total number of qualifying monthly pay-
ments with respect to the component loans of 
the Federal Direct Consolidation Loan that 
shall be deemed as qualifying monthly payments 
made on such Federal Direct Consolidation 
Loan by— 
(i) adding together the result of each 
calculation made under subparagraph (C) 
with respect to each such component loan; 
and 
(ii) rounding the number determined 
under clause (i) to the nearest whole num-
ber. 
(2) HOLD HARMLESS.—The Secretary may not 
change or otherwise rescind a calculation made 
under paragraph (1)(D) after informing the bor-
rower of the results of such calculation under such 
paragraph. 
(3) DEFINITIONS.—In this subsection: 
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(A) COMPONENT LOAN; FEDERAL DIRECT 
CONSOLIDATION LOAN.—The terms ‘‘component 
loan’’ and ‘‘Federal Direct Consolidation Loan’’ 
have the meanings given the terms in sub-
section (a). 
(B) QUALIFYING PAYMENT.— 
(i) COMPONENT
LOANS.—Subject to 
clause (ii), the term ‘‘qualifying monthly 
payment’’, used with respect to a compo-
nent loan, means a monthly payment on 
such loan made by a borrower pursuant 
to— 
(I) a repayment plan under part 
B, D, or E of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 
1071 et seq., 1087a et seq., 1087aa et 
seq.); or 
(II) in the case of a loan made 
under subpart II of part A of title VII 
of the Public Health Service Act (42 
U.S.C. 292q et seq.) or under part E 
of title VIII of the Public Health 
Service Act (42 U.S.C. 297a et seq.), 
a repayment plan under title VII or 
VIII of such Act. 
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(ii) CLARIFICATION.— 
(I) ICR.—For purposes of deter-
mining the number of qualifying 
monthly payments made on a compo-
nent loan pursuant to an income-con-
tingent repayment plan under section 
455(d)(1)(D) of the Higher Education 
Act 
of 
1965 
(20 
U.S.C. 
1087e(d)(1)(D)), each month a bor-
rower is determined to meet the re-
quirements of section 455(e)(7)(B)(i) 
of such Act with respect to such loan 
shall be treated as such a qualifying 
monthly payment. 
(II) IBR.—For purposes of de-
termining the number of qualifying 
monthly payments made on a compo-
nent loan pursuant to an income- 
based repayment plan under section 
493C of such Act (20 U.S.C. 1098e), 
each month a borrower was deter-
mined to meet the requirements of 
subsection (b)(7)(B) of such section 
493C with respect to such loan shall 
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be treated as such a qualifying month-
ly payment. 
(iii) FEDERAL
DIRECT
CONSOLIDA-
TION
LOANS.—The 
term 
‘‘qualifying 
monthly payment’’, used with respect to a 
Federal Direct Consolidation Loan, means 
a monthly payment on such loan that 
counts as a monthly payment under an in-
come-contingent repayment plan under sec-
tion 455(d)(1)(D) of the Higher Education 
Act of 1965 (20 U.S.C. 1087e(d)(1)(D)), 
or an income-based repayment plan under 
section 493C of the Higher Education Act 
of 1965 (20 U.S.C. 1098e). 
(c) NOTIFICATION TO BORROWERS.— 
(1) IN GENERAL.—During the period described 
in subsection (e), the Secretary and the Secretary of 
Health and Human Services shall undertake a cam-
paign to alert borrowers of a loan described in para-
graph (2)— 
(A) on the benefits of consolidating such 
loans into a Federal Direct Consolidation Loan, 
including the benefits of the special rules under 
subsections (a) and (b) of this section; and 
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(B) under which servicers and holders of 
Federal student loans shall provide to bor-
rowers such consumer information, and in such 
manner, as determined appropriate by the Sec-
retaries, based on conducting consumer testing 
to determine how to make the information as 
meaningful to borrowers as possible. 
(2) FEDERAL
STUDENT
LOANS.—A loan de-
scribed in this paragraph is— 
(A) a loan made under subpart II of part 
A of title VII of the Public Health Service Act 
or under part E of title VIII of such Act; or 
(B) a loan made under part E of the High-
er Education Act of 1965. 
(d) SPECIAL RULE FOR INTEREST ON FEDERAL DI-
RECT CONSOLIDATION LOANS.—Any Federal Direct Con-
solidation Loan for which the application is received dur-
ing the period described in subsection (e), shall bear inter-
est at an annual rate as calculated under section 
455(b)(8)(D) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(b)(8)(D)), without regard to the require-
ment to round the weighted average of the interest rate 
to the nearest higher one-eighth of one percent. 
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342 
(e) PERIOD.—The period described in this clause is 
the period beginning on the date of enactment of this Act, 
and ending on the later of— 
(1) September 30, 2021; or 
(2) the day following the date of enactment of 
this Act that is 2 months after the national U–5 
measure of labor underutilization shows initial signs 
of recovery (as such terms are defined in section 
3513(b) of the Coronavirus Aid, Relief, and Eco-
nomic Security Act (Public Law 116–136), as 
amended by this Act)). 
(f) GAO STUDY ON IMPLEMENTATION OF SPECIAL 
RULES ON CONSOLIDATION.—Not later than 6 months 
after the date of enactment of this Act, the Comptroller 
General of the United States shall submit a report to the 
authorizing committees (defined in section 103 of the 
Higher Education Act of 1965 (20 U.S.C. 1003) on the 
implementation of this section, which shall include— 
(1) information on borrowers who apply for or 
receive a Federal Direct Consolidation Loan under 
part D of the Higher Education Act of 1965 during 
the 
period 
described 
in 
subsection 
(e), 
disaggregated— 
(A) by borrowers who intend to participate 
in the public service loan forgiveness program 
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343 
under section 455(m) of such Act (20 U.S.C. 
1087e(m)); and 
(B) by borrowers who intend to repay such 
loans on an income-contingent repayment plan 
under section 455(d)(1)(D) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) 
or an income-based repayment plan under sec-
tion 493C of such Act (20 U.S.C. 1098e); 
(2) the extent to which the Secretary has estab-
lished procedures for carrying out subsections (a) 
and (b); 
(3) the extent to which the Secretary and the 
Secretary of Health and Human Services have car-
ried out the notification to borrowers required under 
subsection (c); and 
(4) recommendations on improving the imple-
mentation of this section to ensure increased bor-
rower participation. 
SEC. 138. TREATMENT OF PSLF. 
(a) EXCEPTION
FOR PURPOSES
OF PSLF LOAN 
FORGIVENESS.—Section 455(m)(1)(B) of the Higher 
Education Act of 1965 (20 U.S.C. 1087e(m)(1)(B)) shall 
apply as if clause (i) were struck. 
(b) HEALTH
CARE
PRACTITIONER.—In section 
455(m)(3)(B)(i) of the Higher Education Act of 1965 (20 
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U.S.C. 1087e(m)(3)(B)(i)), the term ‘‘full-time profes-
sionals engaged in health care practitioner occupations’’ 
includes an individual who— 
(1) has a full-time job as a health care practi-
tioner; 
(2) provides medical services in such full-time 
job at a nonprofit hospital or public hospital or other 
nonprofit or public health care facility; and 
(3) is prohibited by State law from being em-
ployed directly by such hospital or other health care 
facility. 
Subtitle D—Protecting Students 
SEC. 141. NOTIFICATIONS AND REPORTING RELATING TO 
HIGHER EDUCATION. 
(a) NOTIFICATION OF NON-CARES ACT FLEXIBILI-
TIES.— 
(1) NOTICE TO CONGRESS.— 
(A) IN
GENERAL.—Not later than two 
days before the date on which the Secretary 
grants a flexibility described in paragraph (4), 
the Secretary shall— 
(i) submit to the authorizing commit-
tees a written notification of the Sec-
retary’s intent to grant such flexibility; and 
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(ii) publish the notification on a pub-
licly accessible website of the Department 
of Education. 
(B) ELEMENTS.—Each notification under 
subparagraph (A) shall— 
(i) identify the provision of law, regu-
lation, or subregulatory guidance to which 
the flexibility will apply; 
(ii) identify any limitations on the 
flexibility, including any time limits; 
(iii) identify the statutory authority 
under which the flexibility is provided; 
(iv) identify the class of covered enti-
ties to which the flexibility will apply; 
(v) identify whether a covered entity 
will need to request the flexibility or 
whether the flexibility will be applied with-
out request; 
(vi) in the case of a flexibility that re-
quires a covered entity to request the flexi-
bility, identify the factors the Secretary 
will consider in approving or denying the 
flexibility; 
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(vii) explain how the flexibility is ex-
pected to benefit the covered entity or class 
of covered entities to which it applies; and 
(viii) explain the reasons the flexibility 
is necessary and appropriate due to 
COVID–19. 
(2) QUARTERLY REPORTS.—Not later than 10 
days after the end of each fiscal quarter for the du-
ration of the qualifying emergency through the end 
of the first fiscal year beginning after the conclusion 
of such qualifying emergency, the Secretary shall 
submit to the authorizing committees a report that 
includes, with respect to flexibilities described in 
paragraph (4) that have been issued by the Sec-
retary in the most recently ended fiscal quarter, the 
following: 
(A) In the case of a flexibility that was 
issued by the Secretary without request from a 
covered entity, an explanation of all require-
ments, including reporting requirements, that 
the Secretary imposed on the covered entity as 
a condition of the flexibility. 
(B) In the case of a flexibility for which a 
covered entity requested and received specific 
approval from the Secretary— 
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347 
(i) identification of the covered entity 
that received the flexibility; 
(ii) an explanation of the specific rea-
sons for approval of the request; 
(iii) a detailed description of the 
terms of the flexibility, including— 
(I) a description of any limita-
tions on the flexibility; and 
(II) identification of each provi-
sion of law (including regulation and 
subregulatory guidance) that is waived 
or modified and, for each such provi-
sion, the statutory authority under 
which the flexibility was provided; and 
(iv) a copy of the final document 
granting the flexibility. 
(C) In the case of any request for a flexi-
bility that was denied by the Secretary— 
(i) identification of the covered entity 
or entities that were denied a flexibility; 
(ii) a detailed description of the terms 
of the request for the flexibility; and 
(iii) an explanation of the specific rea-
sons for denial of the request. 
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(3) REPORT ON FLEXIBILITIES GRANTED BE-
FORE ENACTMENT.—Not later than 30 days after 
the date of enactment of this Act, the Secretary 
shall submit to the authorizing committees a report 
that— 
(A) identifies each flexibility described in 
paragraph (4) that was granted by the Sec-
retary between March 13, 2020, and the date 
of enactment of this Act; and 
(B) with respect to each such flexibility, 
provides the information specified in paragraph 
(1)(B). 
(4) FLEXIBILITY DESCRIBED.—A flexibility de-
scribed in this paragraph is modification or waiver 
of any provision of the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.) (including any regu-
lation or subregulatory guidance issued under such 
a provision) that the Secretary determines to be nec-
essary and appropriate to modify or waive due to 
COVID–19, other than a provision of the Higher 
Education Act of 1965 that the Secretary is specifi-
cally authorized to modify or waive pursuant to the 
CARES Act (Public Law 116–136). 
(5) PRIVACY.—The Secretary shall ensure that 
any report or notification submitted under this sub-
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349 
section does not reveal personally identifiable infor-
mation about an individual student. 
(6) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to authorize the Sec-
retary to waive or modify any provision of law. 
(b) REPORTS ON EXERCISE OF CARES ACT WAIV-
ERS
BY INSTITUTIONS
OF HIGHER EDUCATION.—Not 
later than 30 days after the date of enactment of this Act, 
each institution of higher education that exercises an au-
thority provided under section 3503(b), section 3504, sec-
tion 3505, section 3508(d), section 3509, or section 
3517(b) of the CARES Act (Public Law 116–136) shall 
submit to the Secretary a report that describes the nature 
and extent of the institution’s exercise of such authorities, 
including the number of students and amounts of aid pro-
vided under title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070 et seq.) affected by the exercise of such 
authorities, as applicable. 
(c) REPORTS
ON CHANGES
TO CONTRACTS
AND 
AGREEMENTS.—Not later than 10 days after the end of 
each fiscal quarter for the duration of the qualifying emer-
gency through the end of the first fiscal year beginning 
after the conclusion of such qualifying emergency, the Sec-
retary shall submit to the authorizing committees a report 
that includes, for the most recently ended fiscal quarter— 
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350 
(1) a summary of all modifications to any con-
tracts with Department of Education contractors re-
lating to Federal student loans, including— 
(A) the contractual provisions that were 
modified; 
(B) the names of all contractors affected 
by the modifications; and 
(C) estimates of any costs or savings re-
sulting from the modifications; 
(2) a summary of all amendments, addendums, 
or other modifications to program participation 
agreements with institutions of higher education 
under section 487 of the Higher Education Act of 
1965 (20 U.S.C. 1094), any provisional program 
participation agreements entered into under such 
section, including— 
(A) any provisions of such agreements that 
were modified by the Department of Education; 
and 
(B) the number of institutions of higher 
education that received such modifications or 
entered into such provisional agreements, 
disaggregated by— 
(i) status as a four-year, two-year, or 
less-than-two-year public institution, pri-
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351 
vate nonprofit institution, or proprietary 
institution; and 
(ii) each category of minority-serving 
institution described in section 371(a) of 
the Higher Education Act (20 U.S.C. 
1067q); and 
(3) sample copies of program participation 
agreements (including provisional agreements), se-
lected at random from among the agreements de-
scribed in paragraph (2), including at least one 
agreement from each type of institution (whether a 
public institution, private nonprofit institution, or 
proprietary institution) that received a modified or 
provisional agreement. 
(d) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary 
shall submit to the authorizing committees a report 
that includes the following: 
(A) A summary of the reports received by 
the Secretary under subsection (b). 
(B) A description of— 
(i) the Secretary’s use of the authority 
under section 3506 of the CARES Act 
(Public Law 116–136) to adjust subsidized 
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352 
loan usage limits, including the total num-
ber of students and the total amount of 
subsidized loans under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.) affected by the Secretary’s 
use of such authority; 
(ii) the Secretary’s use of the author-
ity under section 3507 of the CARES Act 
(Public Law 116–136) to exclude certain 
periods from the Federal Pell Grant dura-
tion limit, including the total number of 
students and the total amount of Federal 
Pell Grants under section 401 of the High-
er Education Act of 1965 (20 U.S.C. 
1070a) affected by the Secretary’s use of 
such authority; and 
(iii) the Secretary’s use of the author-
ity under section 3508 of the CARES Act 
(Public Law 116–136) to waive certain re-
quirements for the return of Federal 
funds, including— 
(I) in the case of waivers issued 
to students under such section, the 
total number of students and the total 
amount of aid under title IV of the 
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353 
Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.) affected by the 
Secretary’s use of such authority; and 
(II) in the case of waivers issued 
to institutions of higher education 
under such section, the total number 
of students and the total amount of 
aid under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 
et seq.) affected by the Secretary’s 
use of such authority. 
(C) A summary of the information re-
quired to be reported to the authorizing com-
mittees under sections 3510 and 3512 of the 
CARES Act (Public Law 116–136), as amend-
ed by this Act, regardless of whether such infor-
mation has previously been reported to such 
committees as of the date of the report under 
this subsection. 
(D) Information relating to the temporary 
relief for Federal student loan borrowers pro-
vided under section 3513 of the CARES Act 
(Public Law 116–136), including— 
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355 
ployers to halt wage garnishment pursuant 
to 
subsection 
(e) 
of 
such 
section, 
disaggregated by electronic, postal, and tel-
ephonic notifications; 
(v) the number of Federal student 
loan borrowers who have had their wages 
garnished pursuant to section 488A of the 
Higher Education Act of 1965 (20 U.S.C. 
1095a) or section 3720D of title 31, 
United States Code, between March 13, 
2020, and the date of the date of enact-
ment of this Act; 
(vi) the number of Federal student 
loan borrowers subject to interest capital-
ization as a result of consolidating Federal 
student loans since March 13, 2020, and 
the total amount of such interest capital-
ization; 
(vii) the average daily call wait times 
and call drop rates, disaggregated by stu-
dent loan servicer, for the period between 
March 13, 2020, and the date of enact-
ment of this Act; and 
(viii) the estimated or projected sav-
ings to the Department of Education for 
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356 
student loan servicing activities for the pe-
riod beginning on March 13, 2020, and 
ending on September 30, 2020, due to 
lower reimbursement or contract costs per 
account for student loan servicers and pri-
vate collection agencies resulting from the 
suspension of Federal student loan pay-
ments and halt to collection activities 
under the CARES Act (Public Law 116– 
136). 
(E) Information relating to the special 
rules relating to Federal Direct Consolidation 
Loans under section 137 of this Act, includ-
ing— 
(i) the number of borrowers who sub-
mitted an application for a Federal Direct 
Consolidation Loan; 
(ii) the number of borrowers who re-
ceived a Federal Direct Consolidation 
Loan; and 
(iii) the wait time between submitting 
an application and receiving a Federal Di-
rect Consolidation Loan. 
(F) A summary of the information re-
quired to be reported to the authorizing com-
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357 
mittees under section 3517(c) and section 
3518(c) of the CARES Act (Public Law 116– 
136), as amended by this Act, regardless of 
whether such information has previously been 
reported to such committees as of the date of 
the report under this subsection. 
(G) A copy of any communication from the 
Department of Education to grantees and Fed-
eral student loan borrowers eligible for rights 
and benefits under section 3519 of the CARES 
Act (Public Law 116–136) to inform such 
grantees and borrowers of their eligibility for 
such rights and benefits. 
(2) DUTY OF HHS.—The Secretary of Health 
and Human Services shall provide to the Secretary 
of Education the information necessary for the Sec-
retary of Education to comply with paragraph 
(1)(D). 
(e) AMENDMENTS TO CARES ACT REPORTING RE-
QUIREMENTS.— 
(1) REPORTING REQUIREMENT FOR HBCU CAP-
ITAL
FINANCING
LOAN
DEFERMENT.—Section 
3512(c) of the CARES Act (Public Law 116–136) 
is amended by striking the period at the end and in-
serting ‘‘, the terms of the loans deferred, and the 
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358 
schedule for repayment of the deferred loan 
amount.’’. 
(2) REPORTING
REQUIREMENT
FOR
INSTITU-
TIONAL
AID
MODIFICATIONS.—Section 3517(c) of 
the CARES Act (Public Law 116–136) is amended 
by striking the period at the end and inserting ‘‘, 
identifies the statutory provision waived or modified, 
and describes the terms of the waiver or modifica-
tion received by the institution.’’. 
(3) REPORTING
REQUIREMENT
FOR
GRANT 
MODIFICATIONS.—Section 3518(c) of the CARES 
Act (Public Law 116–136) is amended by striking 
the period at the end and inserting ‘‘and describes 
the terms of the modification received by the institu-
tion or other grant recipient.’’. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered entity’’ means an insti-
tution of higher education, a Federal contractor, a 
student, or any other entity that is subject to the 
Higher Education Act of 1965 (20 U.S.C. 1001 et 
seq.). 
(2) The term ‘‘Federal student loan’’ means a 
loan described in section 3502(a)(2) of the CARES 
Act (Public Law 116–136), as amended by this Act. 
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359 
SEC. 142. PROTECTING STUDENTS FROM PREDATORY RE-
CRUITMENT. 
(a) UNDERCOVER
AND AUDIT-BASED INVESTIGA-
TIONS.—During the covered period, in carrying out the 
provisions of subpart 3 of part H of title IV of such Act 
(20 U.S.C. 1099c et seq.), including paragraphs (1) and 
(2) of section 498A(a) of the Higher Education Act of 
1965 (20 U.S.C. 1099c–1(a)), the Secretary of Education 
shall— 
(1) conduct regular undercover and audit-based 
investigations for the purpose of encouraging the 
ethical treatment of students and prospective stu-
dents and detecting fraud and abuse in the Federal 
student aid programs, including— 
(A) 
violations 
described 
in 
section 
487(c)(3) of the Higher Education Act of 1965 
(20 U.S.C. 1094(c)(3)); 
(B) violations of section 487(a)(20) of 
such Act (20 U.S.C. 1094(a)(20)); 
(C) violations described in subparagraphs 
(A) and (B) by any entity with which the insti-
tution has contracted for student recruitment 
or admission activities; and 
(D) violations of subsection (b) of this sec-
tion; 
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360 
(2) develop written guidelines for the investiga-
tions described in paragraph (1)— 
(A) in accordance with commonly-accepted 
practices for undercover operations by Office of 
Inspector General of the Department of Edu-
cation; and 
(B) in consultation with other relevant 
agencies, including the Department of Justice, 
Federal Trade Commission, Consumer Finan-
cial Protection Bureau, and the Office of In-
spector General of the Department of Edu-
cation; 
(3) ensure that institutions found in violation of 
the provisions under paragraph (1) shall be subject 
to a sanction determined by the Secretary of Edu-
cation under section 487(c) of the Higher Education 
Act of 1965 (20 U.S.C. 1094(c)); and 
(4) provide to the authorizing committees (as 
defined in section 103 of the Higher Education Act 
of 1965 (20 U.S.C. 1003)), and make available to 
the public, an annual report on— 
(A) the findings of investigations described 
in paragraph (1); and 
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361 
(B) the applicable sanctions imposed on in-
stitutions found in violation of the provisions 
described in paragraph (1). 
(b) NOTICE OF INCENTIVE PAYMENT BAN.—During 
the covered period, each institution of higher education 
participating in a program under title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.) shall— 
(1) provide notice of the ban on prohibited in-
centive payment (including commissions and bo-
nuses) under section 487(a)(20) of such Act (20 
U.S.C. 1094(a)(20)) (and accompanying regulations) 
upon hiring an employee or entering into a contract 
with a third party contractor, and at least once per 
calendar year to employees and third-party contrac-
tors of the institution; and 
(2) publish a clear statement in all internal re-
cruitment materials, including guides or manuals, 
acknowledging such ban. 
(c) SUNSET.—For purposes of this section, the term 
‘‘covered period’’ means the period beginning on the date 
of enactment of this Act and ending on the date on which 
subpart 3 of part H of title IV of the Higher Education 
(20 U.S.C. 1099c) is amended or repealed. 
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362 
TITLE II—IMPACT AID AND MI-
GRANT 
EDUCATION 
CORONAVIRUS RELIEF 
SEC. 201. IMPACT AID. 
Due to the national emergency declared by the Presi-
dent under the National Emergencies Act (50 U.S.C. 
1601 et seq.) on March 13, 2020, with respect to the 
coronavirus, and notwithstanding sections 7002(j) and 
7003(c) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7702(j), 7703(c)), a local educational 
agency desiring to receive a payment under section 7002 
or 7003 of such Act (20 U.S.C. 7702, 7703) for fiscal 
year 2022 that also submitted an application for such pay-
ment for fiscal year 2021 shall, in the application sub-
mitted under section 7005 of such Act (20 U.S.C. 7705) 
for fiscal year 2022— 
(1) with respect to a requested payment under 
section 7002 of such Act (20 U.S.C. 7702)— 
(A) use the data described in subsection (j) 
of such section 7002 relating to calculating 
such payment that was submitted by the local 
educational agency in the application for fiscal 
year 2021; or 
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363 
(B) use the data relating to calculating 
such payment for the fiscal year required under 
such subsection (j); and 
(2) with respect to a requested payment under 
section 7003 of such Act (20 U.S.C. 7703)— 
(A) use the student count data relating to 
calculating such payment that was submitted by 
the local educational agency in the application 
for fiscal year 2021, except that payments for 
fiscal year 2022 shall be calculated by the Sec-
retary using the expenditures and rates de-
scribed in clauses (i), (ii), (iii), and (iv) of sub-
section (b)(1)(C) of such section 7003 that 
would otherwise apply for fiscal year 2022; or 
(B) use the student count data relating to 
calculating such payment for the fiscal year re-
quired under subsection (c) of such section 
7003. 
SEC. 202. EDUCATION OF MIGRATORY CHILDREN. 
Due to the national emergency declared by the Presi-
dent under the National Emergencies Act (50 U.S.C. 
1601 et seq.) on March 13, 2020, with respect to the 
coronavirus, and notwithstanding subsections (a)(1) and 
(f)(1) of section 1303 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6393), for the purposes 
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364 
of making determinations under subsections (a)(1) and (f) 
of such section 1303 for fiscal year 2021 and all subse-
quent fiscal years for which school year 2019–2020 data 
would be used in the calculations under section 1303(a)(1) 
of such Act (20 U.S.C. 6393(a)(1)) , the Secretary of 
Education shall use school year 2018–2019 or school year 
2019–2020 data, whichever data are greater, wherever 
school year 2019–2020 data otherwise would be required. 
TITLE III—CAREER, TECHNICAL, 
AND ADULT EDUCATION 
SEC. 301. DEFINITIONS. 
In this subtitle: 
(1) CORONAVIRUS.—The term ‘‘coronavirus’’ 
means coronavirus as defined in section 506 of the 
Coronavirus Preparedness and Response Supple-
mental Appropriations Act, 2020 (Public Law 116– 
123). 
(2) COVID–19 NATIONAL
EMERGENCY.—The 
term ‘‘COVID–19 national emergency’’ means the 
national emergency declared by the President under 
the National Emergencies Act (50 U.S.C. 1601 et 
seq.) on March 13, 2020, with respect to the 
coronavirus. 
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365 
SEC. 302. COVID–19 CAREER AND TECHNICAL EDUCATION 
RESPONSE FLEXIBILITY. 
(a) POOLING OF FUNDS.—An eligible recipient may, 
in accordance with section 135(c) of the Carl D. Perkins 
Career and Technical Education Act of 2006 (20 U.S.C. 
2355(c)), pool a portion of funds received under such Act 
with a portion of funds received under such Act available 
to one or more eligible recipients to support the transition 
from secondary education to postsecondary education or 
employment for CTE participants whose academic year 
was interrupted by the COVID–19 national emergency. 
(b) PROFESSIONAL
DEVELOPMENT.—During the 
COVID–19 national emergency, section 3(40)(B) of the 
Carl D. Perkins Career and Technical Education Act of 
2006 (20 U.S.C. 2302(40)(B)) shall apply as if ‘‘sustained 
(not stand-alone, 1-day, or short-term workshops), inten-
sive, collaborative, job-embedded, data-driven, and class-
room-focused,’’ were struck. 
(c) DEFINITIONS.—Except as otherwise provided, the 
terms in this section have the meanings given the terms 
in section 3 of the Carl D. Perkins Career and Technical 
Education Act of 2006 (20 U.S.C. 2302). 
SEC. 303. ADULT EDUCATION AND LITERACY RESPONSE AC-
TIVITIES. 
(a) ONLINE SERVICE DELIVERY OF ADULT EDU-
CATION
AND
LITERACY
ACTIVITIES.—During 
the 
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COVID–19 national emergency, an eligible agency may 
use funds available to such agency under paragraphs (2) 
and (3) of section 222(a) of the Workforce Innovation and 
Opportunity Act (20 U.S.C. 3302(a)) for the administra-
tive expenses of the eligible agency related to transitions 
to online service delivery of adult education and literacy 
activities. 
(b) DEFINITIONS.—Except as otherwise provided, the 
terms in this section have the meanings given the terms 
in section 203 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3272). 
TITLE IV—DISABILITY 
EMPLOYMENT 
SEC. 401. REHABILITATION ACT WAIVERS. 
(a) PROVISIONS ELIGIBLE FOR WAIVER.—The fol-
lowing provisions of the Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.) are eligible for waivers due to the na-
tional emergency declared by the President under the Na-
tional Emergencies Act (50 U.S.C. 1601 et seq.) on March 
13, 2020, with respect to the coronavirus: 
(1) The Secretary of Education may provide a 
waiver of section 103(b)(1) to allow the replacement 
of expired or spoiled food products at vending facili-
ties. 
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(2) The Secretary of Education may provide a 
waiver of the service obligation requirement under 
section 302(b) due to interrupted service obligations. 
(b) DURATION.—A waiver approved by the Secretary 
under subsection (a) shall expire on the earlier of the fol-
lowing dates: 
(1) The date that is 1 year after the date of the 
enactment of this Act. 
(2) The last day of the national emergency re-
ferred to in subsection (a). 
(c) STREAMLINED PROCESS.—The Secretary of Edu-
cation shall create a streamlined application process to re-
quest a waiver under this section, and the Secretary may 
grant such waiver if the Secretary determines that the 
waiver is necessary and appropriate. 
(d) LIMITATION.—Nothing in this section shall be 
construed to allow the Secretary to waive any statutory 
or regulatory requirements under applicable civil rights 
laws. 
(e) REPORTING AND PUBLICATION.— 
(1) PUBLIC
NOTICE.—A State requesting a 
waiver under this section shall provide the public no-
tice of, and the opportunity to comment on, the re-
quest by posting on the State website information 
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regarding the waiver request and the process for 
commenting. 
(2) NOTIFYING CONGRESS.—Not later than 7 
days after— 
(A) receiving a waiver request from a State 
under this section, the Secretary of Education 
shall notify the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, the 
Committee on Appropriations of the Senate, the 
Committee on Education and Labor of the 
House of Representatives, and the Committee 
on Appropriations of the House of Representa-
tives of such waiver request; and 
(B) granting a waiver under this section, 
the Secretary of Education shall notify the 
Committee on Health, Education, Labor, and 
Pensions of the Senate, the Committee on Ap-
propriations of the Senate, the Committee on 
Education and Labor of the House of Rep-
resentatives, and the Committee on Appropria-
tions of the House of Representatives of such 
waiver. 
(3) PUBLICATION.—Not later than 30 days 
after granting a waiver under this section, the Sec-
retary of Education shall publish a notice of the Sec-
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retary’s decision (including which waiver was grant-
ed and the reason for granting the waiver) in the 
Federal Register and on the website of the Depart-
ment of Education. 
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DIVISION C—PROTECTION FOR 
FAMILIES AND WORKERS 
TITLE 
I—AMENDMENTS 
TO 
EMERGENCY 
FAMILY 
AND 
MEDICAL LEAVE EXPANSION 
ACT AND EMERGENCY PAID 
SICK LEAVE ACT 
Subtitle A—Emergency Family and 
Medical Leave Expansion Act 
Amendments 
SEC. 101. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2601 et seq.), as amended by the 
Emergency Family and Medical Leave Expansion Act 
(Public Law 116–127). 
SEC. 102. EMPLOYEE ELIGIBILITY AND EMPLOYER CLARI-
FICATION. 
(a) EMPLOYEE
ELIGIBILITY.—Section 101(2) is 
amended by adding at the end the following: 
‘‘(F) 
ALTERNATIVE
ELIGIBILITY
FOR 
COVID–19 PUBLIC HEALTH EMERGENCY .—For 
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371 
the period beginning on the date of the enact-
ment of The Heroes Act and ending on Decem-
ber 31, 2022— 
‘‘(i) subparagraph (A)(i) shall be ap-
plied by substituting ‘90 days’ for ‘12 
months’; and 
‘‘(ii) subparagraph (A)(ii) shall not 
apply.’’. 
(b) EMPLOYER CLARIFICATION.—Section 101(4) is 
amended by adding at the end the following: 
‘‘(C) 
CLARIFICATION.—Subparagraph 
(A)(i) shall not apply with respect to a public 
agency described in subparagraph (A)(iii).’’. 
SEC. 103. EMERGENCY LEAVE EXTENSION. 
Section 102(a)(1)(F) is amended by striking ‘‘De-
cember 31, 2020’’ and inserting ‘‘February 28, 2021’’. 
SEC. 104. EMERGENCY LEAVE DEFINITIONS. 
(a) ELIGIBLE
EMPLOYEE.—Section 110(a)(1) is 
amended in subparagraph (A), by striking ‘‘sections 
101(2)(A) and 101(2)(B)(ii)’’ and inserting ‘‘section 
101(2)’’. 
(b) EMPLOYER THRESHOLD.—Section 110(a)(1)(B) 
is amended by striking ‘‘fewer than 500 employees’’ and 
inserting ‘‘1 or more employees’’. 
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(c) PARENT.—Section 110(a)(1) is amended by add-
ing at the end the following: 
‘‘(C) PARENT.—In lieu of the definition in 
section 101(7), the term ‘parent’, with respect 
to an employee, means any of the following: 
‘‘(i) A biological, foster, or adoptive 
parent of the employee. 
‘‘(ii) A stepparent of the employee. 
‘‘(iii) A parent-in-law of the employee. 
‘‘(iv) A parent of a domestic partner 
of the employee. 
‘‘(v) A legal guardian or other person 
who stood in loco parentis to an employee 
when the employee was a child.’’. 
(d) QUALIFYING NEED RELATED
TO
A PUBLIC 
HEALTH EMERGENCY.—Section 110(a)(2)(A) is amended 
to read as follows: 
‘‘(A) QUALIFYING
NEED
RELATED
TO
A 
PUBLIC
HEALTH
EMERGENCY.—The 
term 
‘qualifying need related to a public health emer-
gency’, with respect to leave, means that the 
employee is unable to perform the functions of 
the position of such employee due to a need for 
leave for any of the following: 
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‘‘(i) To self-isolate because the em-
ployee is diagnosed with COVID–19. 
‘‘(ii) To obtain a medical diagnosis or 
care if such employee is experiencing the 
symptoms of COVID–19. 
‘‘(iii) To comply with a recommenda-
tion or order by a public official with juris-
diction or a health care provider to self iso-
late, without regard to whether such rec-
ommendation or order is specific to the 
employee, on the basis that the physical 
presence of the employee on the job would 
jeopardize the employee’s health, the 
health of other employees, or the health of 
an individual in the household of the em-
ployee because of— 
‘‘(I) the possible exposure of the 
employee to COVID–19; or 
‘‘(II) exhibition of symptoms of 
COVID–19 by the employee. 
‘‘(iv) To care for or assist a family 
member of the employee, without regard to 
whether another individual other than the 
employee is available to care for or assist 
such family member, because— 
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‘‘(I) such family member— 
‘‘(aa) is self-isolating be-
cause such family member has 
been diagnosed with COVID–19; 
or 
‘‘(bb) is experiencing symp-
toms of COVID–19 and needs to 
obtain medical diagnosis or care; 
or 
‘‘(II) a public official with juris-
diction or a health care provider 
makes a recommendation or order 
with respect to such family member, 
without regard to whether such deter-
mination is specific to such family 
member, that the presence of the fam-
ily member in the community would 
jeopardize the health of other individ-
uals in the community because of— 
‘‘(aa) the possible exposure 
of 
such 
family 
member 
to 
COVID–19; or 
‘‘(bb) exhibition of symp-
toms of COVID–19 by such fam-
ily member. 
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‘‘(v) To care for the son or daughter 
of such employee if, due to COVID–19— 
‘‘(I) the child care provider of 
such son or daughter is unavailable; 
‘‘(II) the school or place of care 
of such son or daughter is closed; or 
‘‘(III) the school of such son or 
daughter—- 
‘‘(aa) requires or makes op-
tional a virtual learning instruc-
tion model; or 
‘‘(bb) requires or makes op-
tional a hybrid of in-person and 
virtual learning instruction mod-
els. 
‘‘(vi) To care for a family member 
who is incapable of self-care because of a 
mental or physical disability or is a senior 
citizen, without regard to whether another 
individual other than the employee is avail-
able to care for such family member, if the 
place of care for such family member is 
closed or the direct care provider is un-
available due to COVID–19.’’. 
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377 
means another individual with whom the 
individual is in a committed relationship. 
‘‘(ii) COMMITTED RELATIONSHIP DE-
FINED.—The term ‘committed relationship’ 
means a relationship between 2 individuals, 
each at least 18 years of age, in which 
each individual is the other individual’s 
sole domestic partner and both individuals 
share responsibility for a significant meas-
ure of each other’s common welfare. The 
term includes any such relationship be-
tween 2 individuals that is granted legal 
recognition by a State or political subdivi-
sion of a State as a marriage or analogous 
relationship, including a civil union or do-
mestic partnership.’’. 
SEC. 105. REGULATORY AUTHORITIES. 
(a) IN GENERAL.—Section 110(a) is amended by 
striking paragraph (3). 
(b) FORCE OR EFFECT OF REGULATIONS.—Any reg-
ulation issued under section 110(a)(3), as in effect on the 
day before the date of the enactment of this Act, shall 
have no force or effect. 
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378 
SEC. 106. PAID LEAVE. 
Section 110(b) of the Family and Medical Leave Act 
of 1993 is amended— 
(1) in the heading, by striking ‘‘Relationship 
to’’; 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) EMPLOYEE ELECTION.— 
‘‘(A) IN
GENERAL.—An employee may 
elect to substitute any vacation leave, personal 
leave, or medical or sick leave for paid leave 
under section 102(a)(1)(F) in accordance with 
section 102(d)(2)(B). 
‘‘(B) EMPLOYER REQUIREMENT.—An em-
ployer may not require an employee to sub-
stitute any leave described in subparagraph (A) 
for leave under section 102(a)(1)(F). 
‘‘(C) RELATIONSHIP
TO
OTHER
FAMILY 
AND MEDICAL LEAVE.—Leave taken under sub-
paragraph (F) of section 102(a)(1) shall not 
count towards the 12 weeks of leave to which 
an employee is entitled under subparagraphs 
(A) through (E) of such section. 
‘‘(D) RELATIONSHIP
TO
LIMITATION.— 
PRESUMPTION OF ELIGIBILITY FOR for 
any vacation leave, personal leave, or medical or 
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sick leave that is substituted for leave under 
section 102(a)(1)(F) shall not count toward the 
limitation under paragraph (2)(B)(ii).’’; and 
(3) in paragraph (2)(A), by striking ‘‘that an 
employee takes’’ and all that follows through ‘‘10 
days’’. 
SEC. 107. WAGE RATE. 
Section 110(b)(2)(B) is amended— 
(1) by amending clause (i)(I) to read as follows: 
‘‘(I) an amount that is not less 
than the greater of— 
‘‘(aa) the minimum wage 
rate in effect under section 
6(a)(1) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 
206(a)(1)); 
‘‘(bb) the minimum wage 
rate in effect for such employee 
in the applicable State or locality, 
whichever is greater, in which the 
employee is employed; or 
‘‘(cc) two thirds of an em-
ployee’s regular rate of pay (as 
determined under section 7(e) of 
the Fair Labor Standards Act of 
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380 
1938 (29 U.S.C. 207(e)); and’’; 
and 
(2) in clause (ii), by striking ‘‘$10,000’’ and in-
serting ‘‘$12,000’’. 
SEC. 108. NOTICE. 
Section 110(c) is amended by striking ‘‘for the pur-
pose described in subsection (a)(2)(A)’’. 
SEC. 109. INTERMITTENT LEAVE. 
Section 110 is amended by adding at the end the fol-
lowing: 
‘‘(e) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
DUCED
WORK
SCHEDULE.—Leave 
under 
section 
102(a)(1)(F) may be taken by an employee intermittently 
or on a reduced work schedule, without regard to whether 
the employee and the employer of the employee have an 
agreement with respect to whether such leave may be 
taken intermittently or on a reduced work schedule.’’. 
SEC. 110. CERTIFICATION. 
Section 110 is further amended by adding at the end 
the following: 
‘‘(f) CERTIFICATION.— 
‘‘(1) IN
GENERAL.—If an employer requires 
that a request for leave under section 102(a)(1)(F) 
be certified, the employer may require documenta-
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381 
tion for certification not earlier than 5 weeks after 
the date on which the employee takes such leave. 
‘‘(2) SUFFICIENT
CERTIFICATION.—The fol-
lowing documentation shall be sufficient for certifi-
cation: 
‘‘(A) With respect to leave taken for the 
purposes described in clauses (i) through (iv) of 
subsection (a)(2)(A)— 
‘‘(i) a recommendation or order from 
a public official having jurisdiction or a 
health care provider that the employee or 
relevant family member has symptoms of 
COVID–19 or should self-isolate; or 
‘‘(ii) documentation or evidence, in-
cluding an oral or written statement from 
an employee, that the employee or relevant 
family member has been exposed to 
COVID–19. 
‘‘(B) With respect to leave taken for the 
purposes described in clause (v) or (vi) of sub-
section (a)(2)(A), notice— 
‘‘(i) from the school, place of care, or 
child care or direct care provider of the son 
or daughter or other family member of the 
employee of closure or unavailability; or 
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382 
‘‘(ii) from the school of the son or 
daughter of the requirement or option of a 
virtual learning instruction model or a hy-
brid of in-person and virtual learning in-
struction models.’’. 
SEC. 111. AUTHORITY OF THE DIRECTOR OF THE OFFICE 
OF MANAGEMENT AND BUDGET TO EXCLUDE 
CERTAIN EMPLOYEES. 
Section 110(a) is amended by striking paragraph (4). 
SEC. 112. TECHNICAL AMENDMENTS. 
(a) Section 110(a)(1)(A) is amended by striking 
‘‘(ii)’’ before ‘‘SPECIAL RULE’’ and inserting ‘‘(iii)’’. 
(b) Section 19008 of the CARES Act is amended— 
(1) by striking ‘‘—’’ after ‘‘amended’’; 
(2) by striking paragraph (1); and 
(3) by striking ‘‘(2)’’ before ‘‘by adding at the 
end’’. 
SEC. 113. AMENDMENTS TO THE EMERGENCY FAMILY AND 
MEDICAL LEAVE EXPANSION ACT. 
The Emergency Family and Medical Leave Expan-
sion Act (Public Law 116–127) is amended— 
(1) in section 3103(b), by striking ‘‘Employees’’ 
and 
inserting, 
‘‘Notwithstanding 
section 
102(a)(1)(A) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2612(a)(1)(A)), employees’’; and 
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383 
(2) by striking sections 3104 and 3105. 
Subtitle B—Emergency Paid Sick 
Leave Act Amendments 
SEC. 121. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of division E of the Families 
First Coronavirus Response Act (Public Law 116–127). 
SEC. 122. PAID SICK TIME REQUIREMENT. 
(a) USES.—Section 5102(a) is amended to read as 
follows: 
‘‘(a) IN GENERAL.—An employer shall provide to 
each employee employed by the employer paid sick time 
for any qualifying need related to a public health emer-
gency (as defined in section 110(a)(2)(A) of the Family 
and 
Medical 
Leave 
Act 
of 
1993 
(29 
U.S.C. 
2620(a)(2)(A)).’’. 
(b) RECURRENCE.—Section 5102(b) is amended by 
striking ‘‘An’’ and inserting ‘‘During any 12-month pe-
riod, an’’. 
(c) EMPLOYERS WITH EXISTING POLICIES.—Section 
5102 is amended by striking subsection (f) and inserting 
the following: 
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384 
‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—With 
respect to an employer that provides paid leave on the day 
before the date of the enactment of this Act— 
‘‘(1) the paid sick time under this Act shall be 
made available to employees of the employer in addi-
tion to such paid leave; and 
‘‘(2) the employer may not change such paid 
leave on or after such date of enactment to avoid 
being subject to paragraph (1).’’. 
(d) INTERMITTENT LEAVE.—Section 5102 is further 
amended by adding at the end the following: 
‘‘(g) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
DUCED WORK SCHEDULE.—Leave under section 5102 
may be taken by an employee intermittently or on a re-
duced work schedule, without regard to whether the em-
ployee and the employer of the employee have an agree-
ment with respect to whether such leave may be taken 
intermittently or on a reduced work schedule.’’. 
(e) CERTIFICATION.—Section 5102 is further amend-
ed by adding at the end the following: 
‘‘(h) CERTIFICATION.—If an employer requires that 
a request for paid sick time under this section be cer-
tified— 
‘‘(1) the documentation described in paragraph 
(2) of section 110(f) of the Family and Medical 
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385 
Leave Act of 1993 (29 U.S.C. 2620(f)) shall be suf-
ficient for certification; and 
‘‘(2) an employer may not require such certifi-
cation unless— 
‘‘(A) the employee takes not less than 3 
consecutive days of paid sick time; and 
‘‘(B) the employer requires documents for 
such certification not earlier than 7 workdays 
after the employee returns to work after such 
paid sick time.’’. 
(f) NOTICE.—Section 5102 is further amended by 
adding at the end the following: 
‘‘(i) NOTICE.—In any case where the necessity for 
leave under this section is foreseeable, an employee shall 
provide the employer with such notice of leave as is prac-
ticable.’’. 
(g) LEAVE TRANSFER TO NEW EMPLOYER.—Section 
5102 is further amended by adding at the end the fol-
lowing: 
‘‘(j) LEAVE TRANSFER TO NEW EMPLOYER.—A cov-
ered employee who begins employment with a new covered 
employer shall be entitled to the full amount of leave under 
section 5102 with respect to such employer.’’. 
(h) RESTORATION TO POSITION.— 
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386 
(1) IN
GENERAL.—Section 5102 is further 
amended by adding at the end the following: 
‘‘(k) RESTORATION TO POSITION.—Any covered em-
ployee who takes paid sick time under this section, on re-
turn from such paid sick time, shall be entitled— 
‘‘(1) to be restored by the employer to the posi-
tion of employment held by the employee when the 
leave commenced; or 
‘‘(2) if such position is not available, to be re-
stored to an equivalent position with equivalent em-
ployment benefits, pay, and other terms and condi-
tions of employment.’’. 
(2) ENFORCEMENT.—Section 5105 is amend-
ed— 
(A) by amending subsection (a) to read as 
follows: 
‘‘(a) UNPAID SICK LEAVE.—Subject to subsection 
(b), a violation of section 5102 shall be deemed a violation 
of section 7 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 207) and unpaid amounts shall be treated as un-
paid overtime compensation under such section for the 
purposes of sections 15 and 16 of such Act (29 U.S.C. 
215 and 216).’’; and 
(B) in subsection (b), by inserting ‘‘section 
5102(k) or’’ before ‘‘section 5104’’. 
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387 
SEC. 123. SUNSET. 
Section 5109 is amended by striking ‘‘December 31, 
2020’’ and inserting ‘‘February 28, 2021’’. 
SEC. 124. DEFINITIONS. 
(a) EMPLOYER.—Section 5110(2)(B) is amended— 
(1) by striking ‘‘terms’’ and inserting ‘‘term’’; 
(2) by amending subclause (I) of clause (i) to 
read as follows: 
‘‘(I) means any person engaged 
in commerce or in any industry or ac-
tivity affecting commerce that employs 
1 or more employees;’’; and 
(3) by amending clause (ii) to read as follows: 
‘‘(ii) PUBLIC AGENCY AND NON-PROF-
IT
ORGANIZATIONS.—For 
purposes 
of 
clause (i)(III) and (i)(I), a public agency 
and a nonprofit organization shall be con-
sidered to be a person engaged in com-
merce or in an industry or activity affect-
ing commerce.’’. 
(b) FMLA TERMS.—Section 5110(4) is amended to 
read as follows: 
‘‘(4) FMLA TERMS.— 
‘‘(A) SECTION 101.—The terms ‘health 
care provider’, ‘next of kin’, ‘son or daughter’, 
and ‘spouse’ have the meanings given such 
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388 
terms in section 101 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611). 
‘‘(B) SECTION 110.—The terms ‘child care 
provider’, ‘domestic partner’, ‘family member’, 
‘parent’, and ‘school’ have the meanings given 
such terms in section 110(a)(2) of the Family 
and Medical and Leave Act of 1993.’’. 
(c) PAID SICK TIME.—Section 5110(5) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘reason de-
scribed in any paragraph of section 2(a)’’ and 
inserting ‘‘qualifying need related to a public 
health emergency’’; and 
(B) in clause (ii), by striking ‘‘exceed’’ and 
all that follows and inserting ‘‘exceed $511 per 
day and $5,110 in the aggregate.’’; 
(2) in subparagraph (B)— 
(A) by striking the following: 
‘‘(B) REQUIRED COMPENSATION.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (A)(ii),’’; and inserting the fol-
lowing: 
‘‘(B) REQUIRED COMPENSATION.—Subject 
to subparagraph (A)(ii),’’; and 
(B) by striking clause (ii); and 
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389 
(3) in subparagraph (C), by striking ‘‘ section 
2(a)’’ and inserting ‘‘section 5102(a)’’. 
(d) QUALIFYING NEED RELATED
TO
A PUBLIC 
HEALTH EMERGENCY.—Section 5110 is amended by add-
ing at the end the following: 
‘‘(1) QUALIFYING NEED RELATED TO A PUBLIC 
HEALTH
EMERGENCY.—The term ‘qualifying need 
related to a public health emergency’ has the mean-
ing given such term in section 110(a)(2)(A) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2620(a)(2)(A)).’’. 
SEC. 125. EMERGENCY PAID SICK LEAVE FOR EMPLOYEES 
OF THE DEPARTMENT OF VETERANS AF-
FAIRS AND THE TRANSPORTATION SECURITY 
ADMINISTRATION FOR PURPOSES RELATING 
TO COVID–19. 
Section 5110(1) is further amended— 
(1) in subparagraph (E) by striking ‘‘or’’ after 
‘‘Code;’’; 
(2) by redesignating subparagraph (F) as sub-
paragraph (H); and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) notwithstanding sections 7421(a) or 
7425(b) of title 38, United States Code, or any 
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other provision of law, an employee of the De-
partment of Veterans Affairs (including employ-
ees under chapter 74 of such title); 
‘‘(G) any employee of the Transportation 
Security Administration, including an employee 
under 111(d) of the Aviation and Transpor-
tation Security Act (49 U.S.C. 44935 note); 
or’’. 
SEC. 126. AUTHORITY OF THE DIRECTOR OF THE OFFICE 
OF MANAGEMENT AND BUDGET TO EXCLUDE 
CERTAIN EMPLOYEES. 
Division E is amended by striking section 5112. 
SEC. 127. REGULATORY AUTHORITIES. 
(a) IN GENERAL.—Division E is amended by striking 
section 5111. 
(b) FORCE OR EFFECT OF REGULATIONS.—Any reg-
ulation issued under section 5111 of division E of the 
Families First Coronavirus Response Act (Public Law 
116–127), as in effect on the day before the date of the 
enactment of this Act, shall have no force or effect. 
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TITLE 
II—COVID–19 
EVERY 
WORKER 
PROTECTION 
ACT 
OF 2020 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘COVID–19 Every 
Worker Protection Act of 2020’’. 
SEC. 202. EMERGENCY TEMPORARY AND PERMANENT 
STANDARDS. 
(a) EMERGENCY TEMPORARY STANDARD.— 
(1) IN GENERAL.—In consideration of the grave 
danger presented by COVID–19 and the need to 
strengthen protections for employees, not later than 
7 days after the date of the enactment of this Act, 
the Secretary of Labor shall promulgate an emer-
gency temporary standard to protect from occupa-
tional exposure to SARS–CoV–2— 
(A) employees of health care sector em-
ployers; 
(B) employees of employers in paramedic 
and emergency medical services, including such 
services provided by firefighters and other 
emergency responders; and 
(C) employees of employers in other sec-
tors or occupations, including mortuary serv-
ices, food processing (including poultry, meat, 
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and seafood), agriculture and crop harvesting, 
manufacturing, indoor and outdoor construc-
tion, correctional centers, jails, and detention 
centers, transportation (including airports, train 
stations, and bus stations), retail and wholesale 
grocery, warehousing and package and mail 
processing and delivery services, call centers, 
education, social service and daycare, homeless 
shelters, hotels, restaurants and bars, drug 
stores and pharmacies, and retail establish-
ments. 
(2) CONSULTATION.—In developing the stand-
ard under this subsection, the Secretary of Labor— 
(A) shall consult with— 
(i) the Director of the Centers for 
Disease Control and Prevention; and 
(ii) the Director of the National Insti-
tute for Occupational Safety and Health; 
and 
(B) may consult with the professional asso-
ciations and representatives of the employees 
described in paragraph (1). 
(3) ENFORCEMENT DISCRETION.—If the Sec-
retary of Labor determines it is not feasible for an 
employer to comply with a requirement of the stand-
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ard promulgated under this subsection (such as a 
shortage of the necessary personal protective equip-
ment), the Secretary may exercise discretion in the 
enforcement of such requirement if the employer 
demonstrates that the employer— 
(A) is exercising due diligence to come into 
compliance with such requirement; and 
(B) is implementing alternative methods 
and measures to protect employees. 
(4) 
EXTENSION
OF
STANDARD.—Notwith-
standing paragraphs (2) and (3) of section 6(c) of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(c)), the emergency temporary standard 
promulgated under this subsection shall be in effect 
until the date on which the final standard promul-
gated under subsection (b) is in effect. 
(5) STATE PLAN ADOPTION.—With respect to a 
State with a State plan that has been approved by 
the Secretary of Labor under section 18 of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 667), not later than 14 days after the date 
of the enactment of this Act, such State shall pro-
mulgate an emergency temporary standard that is at 
least as effective in protecting from occupational ex-
posure to SARS–CoV–2 the employees described in 
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paragraph (1) as the emergency temporary standard 
promulgated under this subsection. 
(6) EMPLOYER DEFINED.—For purposes of the 
standard promulgated under this subsection, the 
term ‘‘employer’’ (as defined in section 3 of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 652)) includes any State or political subdivi-
sion of a State, except for a State or political sub-
division of a State already subject to the jurisdiction 
of a State plan approved under section 18(b) of the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 667(b)). 
(7) REQUIREMENTS.—The standard promul-
gated under this subsection shall include— 
(A) a requirement that any employer of an 
employee in an occupation or sector described 
in paragraph (1)— 
(i) conduct a hazard assessment to as-
sess risks of occupational exposure to 
SARS–CoV–2; 
(ii) develop and implement an expo-
sure control plan, based on the hazard as-
sessment mandated in clause (i), with the 
input and involvement of employees or the 
representatives of employees, as appro-
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priate, to address the risk of occupational 
exposure in such sectors and occupations; 
(iii) provide job specific training and 
education to such employees on such 
standard, the plan under clause (ii), and 
prevention of the transmission of SARS– 
CoV–2; 
(iv) implement, as appropriate, engi-
neering controls, including ventilation; 
work practice controls (including physical 
distancing of not less than 6 feet while on 
the job and during paid breaks); and ap-
propriate respiratory protection and other 
personal protective equipment; 
(v) develop and implement procedures 
for— 
(I) sanitation of the work envi-
ronment; 
(II) screening of employees for 
signs and symptoms of COVID–19; 
(III) the return to work for em-
ployees who previously tested positive 
for COVID–19 or who showed signs 
or symptoms of COVID–19; and 
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(IV) ensuring that subcontractors 
comply with the procedures under 
subclauses (I) through (III); and 
(vi) record and report each work-re-
lated COVID–19 infection and death, as 
set forth in part 1904 of title 29, Code of 
Federal Regulations (as in effect on the 
date of the enactment of this Act); 
(B) no less protection for novel pathogens 
than precautions mandated by standards adopt-
ed by a State plan that has been approved by 
the Secretary of Labor under section 18 of the 
Occupational Safety and Health Act of 1970 
(29 U.S.C. 667); 
(C) the incorporation, as appropriate, of— 
(i) guidelines issued by the Centers 
for Disease Control and Prevention, the 
National Institute for Occupational Safety 
and Health, and the Occupational Safety 
and Health Administration which are de-
signed to prevent the transmission of infec-
tious agents in health care or other occu-
pational settings; and 
(ii) relevant scientific research on 
novel pathogens; and 
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(D) a requirement for each employer to— 
(i) maintain a COVID–19 employee 
infection log, notify its own employees and 
report to the appropriate health depart-
ment of each confirmed positive COVID– 
19 diagnosis of an employee within 24 
hours of the employer learning of such 
confirmed positive diagnosis, whether or 
not the infection is work-related, consistent 
with the confidentiality requirements of the 
Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.), the HIPAA pri-
vacy 
regulations 
(defined 
in 
section 
1180(b)(3) of the Social Security Act (42 
U.S.C. 1320d–9(b)) and other applicable 
Federal regulations; and 
(ii) report to the Occupational Safety 
and Health Administration any outbreak 
of three or more confirmed positive 
COVID–19 diagnoses that have occurred 
among employees present at the place of 
employment within a 14-day period, not 
later than 24 hours after the employer is 
made aware of such an outbreak. 
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398 
(8) INAPPLICABLE
PROVISIONS
OF
LAW
AND 
EXECUTIVE ORDER.—The following provisions of law 
and Executive orders shall not be applicable with re-
spect to the standard promulgated under this sub-
section: 
(A) The requirements of chapter 6 of title 
5, United States Code (commonly referred to as 
the ‘‘Regulatory Flexibility Act’’). 
(B) Subchapter I of chapter 35 of title 44, 
United States Code (commonly referred to as 
the ‘‘Paperwork Reduction Act’’). 
(C) The Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1501 et seq.). 
(D) Executive Order 12866 (58 Fed. Reg. 
190; relating to regulatory planning and re-
view), as amended. 
(E) Executive Order 13771 (82 Fed. Reg. 
9339, relating to reducing regulation and con-
trolling regulatory costs). 
(b) PERMANENT STANDARD.—Not later than 24 
months after the date of the enactment of this Act, the 
Secretary of Labor shall, pursuant to section 6 of the Oc-
cupational Safety and Health Act (29 U.S.C. 655), pro-
mulgate a final standard— 
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399 
(1) to protect employees described in subsection 
(a)(1) from occupational exposure to infectious 
pathogens, including novel pathogens; and 
(2) that shall be effective and enforceable in the 
same manner and to the same extent as a standard 
promulgated under section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(b)). 
(c) ANTI-RETALIATION.— 
(1) 
POLICY.—Each 
standard 
promulgated 
under this section shall require employers to adopt 
a policy prohibiting the discrimination and retalia-
tion described in paragraph (2) by any person (in-
cluding an agent of the employer). 
(2) PROHIBITION.—No employer (including an 
agent of the employer) shall discriminate or retaliate 
against an employee for— 
(A) reporting to the employer, to a local, 
State, or Federal government agency, or to the 
media or on a social media platform— 
(i) a violation of a standard promul-
gated pursuant to this Act; 
(ii) a violation of an infectious disease 
exposure control plan described in sub-
section (c)(1); or 
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400 
(iii) a good faith concern about a 
workplace infectious disease hazard; 
(B) seeking assistance or intervention from 
the employer or a local, State, or Federal gov-
ernment agency with respect to such a report; 
(C) voluntary use of personal protective 
equipment with a higher level of protection than 
is provided by the employer; or 
(D) exercising any other right under the 
Occupational Safety and Health Act of 1970 
(29 U.S.C. 651 et seq.). 
(3) ENFORCEMENT.—This subsection shall be 
enforced in the same manner and to the same extent 
as any standard promulgated under section 6(b) of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(b)). 
(d) EFFECT ON OTHER LAWS, REGULATIONS, OR 
ORDERS.— 
(1) IN GENERAL.—Nothing in this Act shall be 
construed to— 
(A) curtail or limit authority of the Sec-
retary under any other provision of law; or 
(B) preempt the application of any other 
statute, regulation, or order of any State or 
local government related to SARS–CoV–2 in 
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401 
the workplace except to the extent that such 
provisions are inconsistent with this Act, or a 
standard promulgated pursuant to this Act, and 
in such case only to the extent of the inconsist-
ency. 
(2) EQUAL OR GREATER PROTECTION.—A pro-
vision of law, regulation, or order of a State or local 
government shall not be considered inconsistent with 
this Act or standard promulgated under this Act 
under paragraph (1)(B) if such provision provides 
equal or greater health or safety protection to an 
employee than the protection provided under this 
Act, an Emergency Temporary Standard, or a final 
standard promulgated under this Act. 
SEC. 203. REPORTING, TRACKING, INVESTIGATION AND 
SURVEILLANCE 
OF 
COVID–19 
INFECTIONS 
AND OUTBREAKS. 
The Director of the Centers for Disease Control and 
Prevention, in conjunction with the Director of the Na-
tional Institute for Occupational Safety and Health, in co-
operation with State and territorial health departments, 
shall— 
(1) collect and analyze case reports, including 
information on the work status, occupation, and in-
dustry classification of an individual, and other data 
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402 
on COVID–19, to identify and evaluate the extent, 
nature, and source of COVID–19 among employees 
described in section (a)(1); 
(2) compile data and statistics on COVID–19 
among such employees and provide to the public 
periodic reports on such data and statistics; and 
(3) based on such reports, make recommenda-
tions on needed actions or guidance to protect such 
employees. 
TITLE 
III—COVID–19 
PROTEC-
TIONS 
UNDER 
LONGSHORE 
AND 
HARBOR 
WORKERS’ 
COMPENSATION ACT 
SEC. 301. COMPENSATION PURSUANT TO THE LONGSHORE 
AND 
HARBOR 
WORKERS’ 
COMPENSATION 
ACT. 
(a) ENTITLEMENT TO COMPENSATION.— 
(1) IN GENERAL.—A covered employee who re-
ceives a diagnosis or is subject to an order described 
in paragraph (2)(B) and who provides notice of or 
files a claim relating to such diagnosis or order 
under section 12 or 13 of the Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 912, 913), 
respectively, shall— 
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403 
(A) be deemed to have an injury arising 
out of or in the course of employment for which 
compensation is payable under the Longshore 
and Harbor Workers’ Compensation Act (33 
U.S.C. 901 et seq.); and 
(B) be paid the compensation to which the 
employee is entitled under such Act (33 U.S.C. 
901 et seq.). 
(2) COVERED EMPLOYEE.—In this section, the 
term ‘‘covered employee’’ means an employee who— 
(A) at any time during the period begin-
ning on January 27, 2020, and ending on Jan-
uary 27, 2022, was engaged in maritime em-
ployment; and 
(B) was— 
(i) at any time during the period be-
ginning on January 27, 2020, and ending 
on February 27, 2022, diagnosed with 
COVID–19; or 
(ii) at any time during the period de-
scribed in subparagraph (A), ordered not 
to return to work by the employee’s em-
ployer or by a local, State, or Federal 
agency because of exposure, or the risk of 
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404 
exposure, to 1 or more individuals diag-
nosed with COVID–19 in the workplace. 
(b) REIMBURSEMENT.— 
(1) IN GENERAL.— 
(A) ENTITLEMENT.—Subject to subpara-
graph (B), an employer of a covered employee 
or the employer’s carrier shall be entitled to re-
imbursement for any compensation paid with 
respect to a notice or claim described in sub-
section (a), including disability benefits, funeral 
and burial expenses, medical or other related 
costs for treatment and care, and reasonable 
and necessary allocated claims expenses. 
(B) SAFETY
AND
HEALTH
REQUIRE-
MENTS.—To be entitled to reimbursement 
under subparagraph (A)— 
(i) an employer shall be in compliance 
with all applicable safety and health guide-
lines and standards that are related to the 
prevention of occupational exposure to the 
novel coronavirus that causes COVID–19, 
including such guidelines and standards 
issued by the Occupational Safety and 
Health Administration, State plans ap-
proved under section 18 of the Occupa-
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405 
tional Safety and Health Act of 1970 (29 
U.S.C. 667), the Coast Guard, and Fed-
eral, State or local public health authori-
ties; and 
(ii) a carrier— 
(I) shall be a carrier for an em-
ployer that is in compliance with 
clause (i); and 
(II) shall not adjust the experi-
ence rating or the annual premium of 
the employer based upon the com-
pensation paid by the carrier with re-
spect to a notice or claim described in 
subparagraph (A). 
(2) REIMBURSEMENT
PROCEDURES.—To re-
ceive reimbursement under paragraph (1)— 
(A) a claim for such reimbursement shall 
be submitted to the Secretary of Labor— 
(i) not later than one year after the 
final payment of compensation to a covered 
employee pursuant to this section; and 
(ii) in the same manner as a claim for 
reimbursement is submitted in accordance 
with part 61 of title 20, Code of Federal 
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406 
Regulations (as in effect on the date of the 
enactment of this Act); and 
(B) an employer and the employer’s carrier 
shall make, keep, and preserve such records, 
make such reports, and provide such informa-
tion, as the Secretary of Labor determines nec-
essary or appropriate to carry out this section. 
(c) SPECIAL FUND.— 
(1) IN
GENERAL.—A reimbursement under 
paragraph (1) shall be paid out of the special fund 
established in section 44 of Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 944). 
(2) FUNDING.—There are authorized to be ap-
propriated, and there are appropriated, such funds 
as may be necessary to reimburse the special fund 
described in paragraph (1) for each reimbursement 
paid out of such fund under paragraph (1). 
(d) REPORT.—Not later than 60 days after the end 
of fiscal year 2020, 2021, and 2022, the Secretary of 
Labor shall submit to the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Health, Education, Labor and Pensions of the Senate, 
an annual report enumerating— 
(1) the number of claims filed pursuant to sec-
tion (a)(1); 
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407 
(2) of such filed claims— 
(A) the number and types of claims ap-
proved under section 13 of the Longshore and 
Harbor Workers’ Compensation Act (33 U.S.C. 
913); 
(B) the number and types of claims denied 
under such section; 
(C) the number and types of claims pend-
ing under such section; and 
(3) the amounts and the number of claims for 
reimbursement paid out of the special fund under 
subsection (c)(1) for the fiscal year for which the re-
port is being submitted. 
(e) REGULATIONS.—The Secretary of Labor may 
promulgate such regulations as may be necessary to carry 
out this section. 
(f) DEFINITIONS.—In this section: 
(1) LHWCA TERMS.—The terms ‘‘carrier’’, 
‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 
the meanings given the terms in section 2 of the 
Longshore and Harbor Workers’ Compensation Act 
(33 U.S.C. 902). 
(2) NOVEL
CORONAVIRUS.—The term ‘‘novel 
coronavirus’’ means SARS–CoV–2. 
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408 
TITLE 
IV—WORKER’S 
COM-
PENSATION 
FOR 
FEDERAL 
AND POSTAL EMPLOYEES DI-
AGNOSED WITH COVID–19 
SEC. 401. PRESUMPTION OF ELIGIBILITY FOR WORKERS’ 
COMPENSATION 
BENEFITS 
FOR 
FEDERAL 
EMPLOYEES DIAGNOSED WITH COVID–19. 
(a) IN GENERAL.—An employee who is diagnosed 
with COVID–19 during the period described in subsection 
(b)(2)(A) shall, with respect to any claim made by or on 
behalf of the employee for benefits under subchapter I of 
chapter 81 of title 5, United States Code, be deemed to 
have an injury proximately caused by exposure to 
coronavirus arising out of the nature of the employee’s em-
ployment and be presumptively entitled to such benefits, 
including disability compensation, medical services, and 
survivor benefits. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘coronavirus’’ means SARS– 
CoV–2 or another coronavirus with pandemic poten-
tial; and 
(2) the term ‘‘employee’’— 
(A) means an employee as that term is de-
fined in section 8101(1) of title 5, United 
States Code, (including an employee of the 
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409 
United States Postal Service, the Transpor-
tation Security Administration, or the Depart-
ment of Veterans Affairs, including any indi-
vidual appointed under chapter 73 or 74 of title 
38, United States Code) employed in the Fed-
eral service at anytime during the period begin-
ning on January 27, 2020, and ending on Jan-
uary 30, 2022— 
(i) who carried out duties requiring 
contact with patients, members of the pub-
lic, or co-workers; or 
(ii) whose duties include a risk of ex-
posure to the coronavirus; and 
(B) does not include any employee other-
wise covered by subparagraph (A) who is tele-
working on a full-time basis in the period de-
scribed in such subparagraph prior to a diag-
nosis with COVID–19. 
TITLE V—COVID–19 WORKFORCE 
DEVELOPMENT 
RESPONSE 
ACTIVITIES 
SEC. 501. DEFINITIONS. 
(a) IN GENERAL.—Except as otherwise provided, the 
terms in this title have the meanings given the terms in 
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410 
section 3 of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3102). 
(b) CORONAVIRUS.—The term ‘‘coronavirus’’ means 
coronavirus as defined in section 506 of the Coronavirus 
Preparedness and Response Supplemental Appropriations 
Act, 2020 (Public Law 116–123). 
(c) COVID–19 NATIONAL EMERGENCY.—The term 
‘‘COVID–19 national emergency’’ means the national 
emergency declared by the President under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 
2020, with respect to the coronavirus. 
(d) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of Labor. 
SEC. 502. JOB CORPS RESPONSE TO THE COVID–19 NA-
TIONAL EMERGENCY. 
In order to provide for the successful continuity of 
services and enrollment periods during the COVID–19 na-
tional emergency, additional flexibility shall be provided 
for Job Corps operators, providers of eligible activities, 
and practitioners, including the following: 
(1) ELIGIBILITY.—Notwithstanding the age re-
quirements for enrollment under section 144(a)(1) 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3194(a)(1)), an individual seeking to en-
roll in Job Corps and who turns 25 during the 
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411 
COVID–19 national emergency is eligible for such 
enrollment during or up to one year after the end 
of the qualifying emergency. 
(2) ENROLLMENT
LENGTH.—Notwithstanding 
section 146(b) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3196(b)), an individual en-
rolled in Job Corps during the COVID–19 national 
emergency may extend their period of enrollment for 
more than 2 years as long as such extension does 
not exceed a 2-year, continuous period of enrollment 
after the COVID–19 national emergency. 
(3) ADVANCED CAREER TRAINING PROGRAMS.— 
Notwithstanding paragraph (2), with respect to ad-
vanced career training programs under section 
148(c) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3198(c)) in which the enrollees may 
continue to participate for a period not to exceed 1 
year in addition to the period of participation to 
which the enrollees would otherwise be limited, the 
COVID–19 national emergency shall not be consid-
ered as any portion of such additional 1-year partici-
pation period. 
(4) COUNSELING, JOB
PLACEMENT, AND
AS-
SESSMENT.—The counseling, job placement, and as-
sessment services described in section 149 of the 
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Workforce Innovation and Opportunity Act (29 
U.S.C. 3199) shall be available to former enrollees— 
(A) whose enrollment was interrupted due 
to the COVID–19 national emergency; 
(B) who graduated from Job Corps on or 
after January 1, 2020; or 
(C) who graduated from Job Corps not 
later than 3 months after the COVID–19 na-
tional emergency. 
(5) SUPPORT.—The Secretary shall provide ad-
ditional support for the transition periods described 
in section 150 of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3200), including the fol-
lowing: 
(A) TRANSITION ALLOWANCES.—The Sec-
retary shall provide, subject to the availability 
of appropriations, for the provision of additional 
transition allowances as described in subsection 
(b) of such section for Job Corps students who 
graduate during the periods described in sub-
paragraph (B) or (C) of paragraph (4). 
(B) TRANSITION SUPPORT.—The Secretary 
shall consider the period during the COVID–19 
national emergency and the three month period 
following the conclusion of the COVID–19 na-
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tional emergency as the period in which the 
provision of employment services as described in 
subsection (c) of such section shall be provided 
to graduates who have graduated in 2020. 
(6) ENROLLMENT
ELIGIBILITY.—The require-
ments described in sections 145(a)(2)(A) and 
152(b)(2)(B) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3195(a)(2)(A) and 29 
U.S.C. 3202(b)(2)(B)) shall be applicable only for 
students participating onsite or once returning to 
onsite after participating in distance learning. 
(7) 
EFFECTIVELY
SUPPORTING
DISTANCE 
LEARNING.—The Secretary shall take such steps 
necessary to modify the agreements required by Sec. 
147(a) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3197(a)(1)) to enable operators and 
service providers to purchase, within the limitations 
of the contract values or established annual budgets 
for Job Corps Centers, any equipment, supplies, and 
services that the operators or service providers deter-
mine are necessary to facilitate effective virtual 
learning and to protect the health of students and 
staff on-center during the COVID–19 national emer-
gency, including distance learning technology for 
students and COVID–19 testing, and shall allow 
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students to retain permanent possession of such 
equipment and technology without financial penalty 
regardless of their enrollment status. 
SEC. 503. MIGRANT AND SEASONAL FARMWORKER PRO-
GRAM RESPONSE. 
During the COVID–19 national emergency, for the 
purposes of section 167(i)(3)(A) of the Workforce Innova-
tion and Opportunity Act (29 U.S.C. 3222(i)(3)(A)), the 
term ‘‘low income individual’’ shall include an individual 
with a total family income equal to or less than 150 per-
cent of the poverty line. 
SEC. 504. YOUTHBUILD ACTIVITIES RESPONDING TO THE 
COVID–19 NATIONAL EMERGENCY. 
During the COVID–19 national emergency, the Sec-
retary shall provide for flexibility for YouthBuild partici-
pants and entities carrying out YouthBuild programs, in-
cluding the following: 
(1) ELIGIBILITY.—Notwithstanding the age re-
quirements 
for 
enrollment 
under 
section 
171(e)(1)(A)(i) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an indi-
vidual seeking to participate in a YouthBuild pro-
gram and who turns 25 during the COVID–19 na-
tional emergency is eligible for such participation. 
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(2) PARTICIPATION LENGTH.—Notwithstanding 
section 171(e)(2) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3226(e)(2)), the period 
of participation in a YouthBuild program may ex-
tend beyond 24 months for an individual partici-
pating in such program during the COVID–19 na-
tional emergency, as long as such extension does not 
exceed a 24 month, continuous period of enrollment 
after the COVID–19 national emergency. 
SEC. 505. APPRENTICESHIP SUPPORT DURING THE COVID– 
19 NATIONAL EMERGENCY. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary shall identify and dissemi-
nate strategies and tools to support virtual and online 
learning and training in apprenticeship programs. 
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DIVISION D—HUMAN SERVICES 
AND COMMUNITY SUPPORTS 
SEC. 100. SHORT TITLE. 
This division may be cited as the ‘‘Human Services 
and Community Supports Act’’. 
TITLE 
I—STRONGER 
CHILD 
ABUSE 
PREVENTION 
AND 
TREATMENT 
Subtitle A—General Program 
SEC. 101. REPEAL OF FINDINGS. 
Section 2 of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5101 note) is repealed. 
SEC. 102. REPEAL OF ADVISORY BOARD ON CHILD ABUSE 
AND NEGLECT. 
Section 102 of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5102) is repealed. 
SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION 
RELATING TO CHILD ABUSE. 
Section 103 of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5104) is amended— 
(1) in subsection (b)(1), by inserting ‘‘early 
learning programs and’’ after ‘‘including’’; 
(2) in subsection (c)(1)(C)— 
(A) in clause (iii), by striking ‘‘and’’ at the 
end; 
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(B) in clause (iv), by adding ‘‘and’’ at the 
end; and 
(C) by adding at the end the following: 
‘‘(v) the number of child fatalities and 
near fatalities due to maltreatment, as re-
ported by States in accordance with the 
uniform standards established pursuant to 
subsection (d), and any other relevant in-
formation related to such fatalities;’’; and 
(3) by adding at the end the following: 
‘‘(d) UNIFORM STANDARDS FOR TRACKING AND RE-
PORTING OF CHILD FATALITIES RESULTING FROM MAL-
TREATMENT.— 
‘‘(1) REGULATIONS REQUIRED.—Not later than 
24 months after the date of the enactment of the 
Human Services and Community Supports Act, the 
Secretary shall develop and issue final regulations 
establishing uniform standards for the tracking and 
reporting of child fatalities and near-fatalities result-
ing from maltreatment. As a condition on eligibility 
for receipt of funds under section 106, the standards 
established under this paragraph shall be used by 
States for the tracking and reporting of such fatali-
ties under subsection (d) of such section. 
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‘‘(2) MAINTENANCE OF STATE LAW.—Notwith-
standing the uniform standards developed under 
paragraph (1), a State that defines or describes such 
fatalities for any purpose other than tracking and 
reporting under this subsection may continue to use 
that definition or description for such purpose. 
‘‘(3) NEGOTIATED
RULEMAKING.—In devel-
oping regulations under paragraph (1), the Sec-
retary shall submit such regulations to a negotiated 
rulemaking process, which shall include the partici-
pants described in paragraph (4). 
‘‘(4) PARTICIPANTS DESCRIBED.—The partici-
pants described in this paragraph are— 
‘‘(A) State and county officials responsible 
for administering the State plans under this 
Act and parts B and E of title IV of the Social 
Security Act (42 U.S.C. 621 et seq., 670 et 
seq.); 
‘‘(B) child welfare professionals with field 
experience; 
‘‘(C) child welfare researchers; 
‘‘(D) domestic violence researchers; 
‘‘(E) domestic violence professionals; 
‘‘(F) child development professionals; 
‘‘(G) mental health professionals; 
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‘‘(H) pediatric emergency medicine physi-
cians; 
‘‘(I) child abuse pediatricians, as certified 
by the American Board of Pediatrics, who spe-
cialize in treating victims of child abuse; 
‘‘(J) forensic pathologists; 
‘‘(K) public health administrators; 
‘‘(L) public health researchers; 
‘‘(M) law enforcement; 
‘‘(N) family court judges; 
‘‘(O) prosecutors; 
‘‘(P) medical examiners and coroners; 
‘‘(Q) a representative from the National 
Center for Fatality Review and Prevention; and 
‘‘(R) such other individuals and entities as 
the Secretary determines to be appropriate.’’. 
SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES. 
Section 104 of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5105) is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) TOPICS.—The Secretary shall, in consulta-
tion with other Federal agencies and recognized ex-
perts in the field, carry out a continuing inter-
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disciplinary program of research, including longitu-
dinal research, that is designed to provide informa-
tion needed to improve primary prevention of child 
abuse and neglect, better protect children from child 
abuse or neglect, and improve the well-being of vic-
tims of child abuse or neglect, with at least a portion 
of such research being field initiated. Such research 
program may focus on— 
‘‘(A) disseminating evidence-based treat-
ment directed to individuals and families experi-
encing trauma due to child abuse and neglect, 
including efforts to improve the scalability of 
the treatments and programs being researched; 
‘‘(B) developing a set of evidence-based ap-
proaches to support child and family well-being 
and developing ways to identify, relieve, and 
mitigate stressors affecting families in rural, 
urban, and suburban communities; 
‘‘(C) establishing methods to promote ra-
cial equity in the child welfare system, including 
a focus on how neglect is defined, how services 
are provided, and the unique impact on Native 
American, Alaska Native, and Native Hawaiian 
communities; 
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‘‘(D) improving service delivery or out-
comes for child welfare service agencies engaged 
with families experiencing domestic violence, 
substance use disorder, or other complex needs; 
‘‘(E) the extent to which the number of 
unsubstantiated, unfounded, and false reported 
cases of child abuse or neglect have contributed 
to the inability of a State to respond effectively 
to serious cases of child abuse or neglect; 
‘‘(F) the extent to which the lack of ade-
quate resources and the lack of adequate pro-
fessional development of individuals required by 
law to report suspected cases of child abuse and 
neglect have contributed to the inability of a 
State to respond effectively to serious cases of 
child abuse and neglect; 
‘‘(G) the extent to which unsubstantiated 
reports return as more serious cases of child 
abuse or neglect; 
‘‘(H) the incidence and outcomes of child 
abuse and neglect allegations reported within 
the context of divorce, custody, or other family 
court proceedings, and the interaction between 
family courts and the child protective services 
system; 
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‘‘(I) the information on the national inci-
dence of child abuse and neglect specified in 
clauses (i) through (xi) of subparagraph (J); 
and 
‘‘(J) the national incidence of child abuse 
and neglect, including— 
‘‘(i) the extent to which incidents of 
child abuse and neglect are increasing or 
decreasing in number and severity; 
‘‘(ii) the incidence of substantiated 
and unsubstantiated reported child abuse 
and neglect cases; 
‘‘(iii) the number of substantiated 
cases that result in a judicial finding of 
child abuse or neglect or related criminal 
court convictions; 
‘‘(iv) the extent to which the number 
of unsubstantiated, unfounded and false 
reported cases of child abuse or neglect 
have contributed to the inability of a State 
to respond effectively to serious cases of 
child abuse or neglect; 
‘‘(v) the extent to which the lack of 
adequate resources and the lack of ade-
quate education of individuals required by 
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law to report suspected cases of child 
abuse and neglect have contributed to the 
inability of a State to respond effectively to 
serious cases of child abuse and neglect; 
‘‘(vi) the number of unsubstantiated, 
false, or unfounded reports that have re-
sulted in a child being placed in substitute 
care, and the duration of such placement; 
‘‘(vii) the extent to which unsubstan-
tiated reports return as more serious cases 
of child abuse or neglect; 
‘‘(viii) the incidence and prevalence of 
physical, sexual, and emotional abuse and 
physical and emotional neglect in sub-
stitute care; 
‘‘(ix) the incidence and prevalence of 
child maltreatment by a wide array of de-
mographic characteristics such as age, sex, 
race, family structure, household relation-
ship (including the living arrangement of 
the resident parent and family size), school 
enrollment and education attainment, dis-
ability, grandparents as caregivers, labor 
force status, work status in previous year, 
and income in previous year; 
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‘‘(x) the extent to which reports of 
suspected or known instances of child 
abuse or neglect involving a potential com-
bination of jurisdictions, such as intra-
state, interstate, Federal-State, and State- 
Tribal, are being screened out solely on the 
basis of the cross-jurisdictional complica-
tions; and 
‘‘(xi) the incidence and outcomes of 
child abuse and neglect allegations re-
ported within the context of divorce, cus-
tody, or other family court proceedings, 
and the interaction between family courts 
and the child protective services system.’’; 
(B) in paragraph (2), by striking ‘‘para-
graph 
(1)(O)’’ 
and 
inserting 
‘‘paragraph 
(1)(J)’’; 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) REPORTING REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Not later than 4 years 
after the date of the enactment of the Human 
Services and Community Supports Act, the Sec-
retary shall prepare and submit to the Com-
mittee on Education and Labor of the House of 
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Representatives and the Committee on Health, 
Education, Labor and Pensions of the Senate a 
report that contains the results of the research 
conducted under paragraph (2). 
‘‘(B) NATIONAL
INCIDENCE.—The Sec-
retary shall ensure that research conducted, 
and data collected, under paragraph (1)(J) are 
reported in a way that will allow longitudinal 
comparisons as well as comparisons to the na-
tional incidence studies conducted under this 
title.’’; and 
(D) by striking the second paragraph (4); 
(2) in subsection (b), by amending paragraph 
(2) to read as follows: 
‘‘(2) AREAS OF EMPHASIS.—Such technical as-
sistance— 
‘‘(A) shall focus on— 
‘‘(i) implementing strategies that can 
leverage existing community-based and 
State funded resources to prevent child 
abuse and neglect and providing education 
for individuals involved in prevention ac-
tivities; 
‘‘(ii) reducing racial bias in child wel-
fare systems, including how such systems 
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interact with health, law enforcement, and 
education systems; 
‘‘(iii) promoting best practices for 
families experiencing domestic violence, 
substance use disorder, or other complex 
needs; and 
‘‘(iv) providing professional develop-
ment and other technical assistance to 
child welfare agencies to improve the un-
derstanding of and to help address the ef-
fects of trauma and adverse childhood ex-
periences in parents and children in con-
tact with the child welfare system; and 
‘‘(B) may include the identification of— 
‘‘(i) various methods and procedures 
for the investigation, assessment, and pros-
ecution of child physical and sexual abuse 
cases; 
‘‘(ii) ways to mitigate psychological 
trauma to the child victim; 
‘‘(iii) effective programs carried out 
by the States under titles I and II; and 
‘‘(iv) effective approaches being uti-
lized to link child protective service agen-
cies with health care, mental health care, 
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and developmental services and early inter-
vention to improve forensic diagnosis and 
health evaluations, and barriers and short-
ages to such linkages.’’; 
(3) in subsection (c), by striking paragraph (3); 
and 
(4) by striking subsection (e). 
SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL 
ORGANIZATIONS, AND PUBLIC OR PRIVATE 
AGENCIES AND ORGANIZATIONS. 
Section 105 of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5106) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraph (7) as 
paragraph (11); 
(B) by striking paragraphs (1) through (6) 
and inserting the following: 
‘‘(1) PREVENTION
SERVICES.—The Secretary 
may award grants under this subsection to entities 
to establish or expand prevention services that re-
duce incidences of child maltreatment and strength-
en families. 
‘‘(2) TRAUMATIC STRESS.—The Secretary may 
award grants under this subsection to entities to ad-
dress instances of traumatic stress in families due to 
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child abuse and neglect, especially for families with 
complex needs or families that exhibit high levels of 
adverse childhood experiences. 
‘‘(3) PROMOTING
A
HIGH-QUALITY
WORK-
FORCE.—The Secretary may award grants under 
this subsection to entities to carry out programs or 
strategies that promote a high-quality workforce in 
the child welfare system through–— 
‘‘(A) improvements to recruitment, sup-
port, or retention efforts; or 
‘‘(B) education for professionals and para-
professionals in the prevention, identification, 
and treatment of child abuse and neglect. 
‘‘(4) IMPROVING
COORDINATION.—The Sec-
retary may award grants under this subsection to 
entities to carry out activities to improve intrastate 
coordination within the child welfare system. Such 
activities may include— 
‘‘(A) aligning information technology sys-
tems; 
‘‘(B) improving information sharing re-
garding child and family referrals; or 
‘‘(C) creating collaborative voluntary part-
nerships among public and private agencies, the 
State’s child protective services, local social 
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service agencies, community-based family sup-
port programs, State and local legal agencies, 
developmental disability agencies, substance use 
disorder treatment providers, health care pro-
viders and agencies, domestic violence preven-
tion programs, mental health services, schools 
and early learning providers, religious entities, 
and other community-based programs. 
‘‘(5) PRIMARY
PREVENTION.—The Secretary 
may award grants under this subsection to entities 
to carry out or expand primary prevention programs 
or strategies that address family or community pro-
tective factors. 
‘‘(6) NEGLECT
DUE
TO
ECONOMIC
INSECU-
RITY.—The Secretary may award grants under this 
subsection to entities to carry out programs or strat-
egies that reduce findings of child neglect due in full 
or in part to family economic insecurity. 
‘‘(7) EDUCATION
OF
MANDATORY
REPORT-
ERS.—The Secretary may award grants under this 
subsection to entities for projects that involve re-
search-based strategies for innovative education of 
mandated child abuse and neglect reporters, and for 
victims to understand mandatory reporting. 
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‘‘(8) SENTINEL INJURIES.—The Secretary may 
award grants under this subsection to entities to 
identify and test effective practices to improve early 
detection and management of injuries indicative of 
potential abuse in infants to prevent future cases of 
child abuse and related fatalities. 
‘‘(9) INNOVATIVE
PARTNERSHIPS.—The Sec-
retary may award grants under this subsection to 
entities to carry out innovative programs or strate-
gies to coordinate the delivery of services to help re-
duce child abuse and neglect via partnerships among 
health, mental health, education (including early 
learning and care programs as appropriate), and 
child welfare agencies and providers. 
‘‘(10) REDUCING CHILD ABUSE AND NEGLECT 
DUE TO THE SUBSTANCE USE DISORDER OF A PAR-
ENT
OR
CAREGIVER.—The Secretary may award 
grants under this subsection to entities to carry out 
activities to reduce child abuse and neglect due to 
the substance use disorder of a parent or care-
giver.’’; and 
(C) by adding at the end the following: 
‘‘(12) NATIONAL CHILD ABUSE HOTLINE.— 
‘‘(A) IN
GENERAL.—The Secretary may 
award a grant under this subsection to a non-
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profit entity to provide for the ongoing oper-
ation of a 24-hour, national, toll-free telephone 
hotline to provide information and assistance to 
youth victims of child abuse or neglect, parents, 
caregivers, mandated reporters, and other con-
cerned community members, including through 
alternative modalities for communications (such 
as texting or chat services) with such victims 
and other information seekers. 
‘‘(B) PRIORITY.—In awarding grants de-
scribed in this paragraph, the Secretary shall 
give priority to applicants with experience in 
operating a hotline that provides assistance to 
victims of child abuse, parents, caregivers, and 
mandated reporters. 
‘‘(C) APPLICATION.—To be eligible to re-
ceive a grant described in this paragraph, a 
nonprofit entity shall submit an application to 
the Secretary that shall— 
‘‘(i) contain such assurances and in-
formation, be in such form, and be sub-
mitted in such manner, as the Secretary 
shall prescribe; 
‘‘(ii) include a complete description of 
the entity’s plan for the operation of a na-
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tional child abuse hotline, including de-
scriptions of— 
‘‘(I) the professional development 
program for hotline personnel, includ-
ing technology professional develop-
ment to ensure that all persons affili-
ated with the hotline are able to effec-
tively operate any technological sys-
tems used by the hotline; 
‘‘(II) the qualifications for hot-
line personnel; 
‘‘(III) the methods for the cre-
ation, maintenance, and updating of a 
comprehensive list of prevention and 
treatment service providers; 
‘‘(IV) a plan for publicizing the 
availability of the hotline throughout 
the United States; 
‘‘(V) a plan for providing service 
to non-English speaking callers, in-
cluding service through hotline per-
sonnel who have non-English language 
capability; 
‘‘(VI) a plan for facilitating ac-
cess to the hotline and alternative mo-
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dality services by persons with hearing 
impairments and disabilities; 
‘‘(VII) a plan for providing crisis 
counseling, general assistance, and re-
ferrals to youth victims of child abuse; 
and 
‘‘(VIII) a plan to offer alternative 
services to calling, such as texting or 
live chat; 
‘‘(iii) demonstrate that the entity has 
the capacity and the expertise to maintain 
a child abuse hotline and a comprehensive 
list of service providers; 
‘‘(iv) demonstrate the ability to pro-
vide information and referrals for contacts, 
directly connect contacts to service pro-
viders, and employ crisis interventions; 
‘‘(v) demonstrate that the entity has a 
commitment to providing services to indi-
viduals in need; and 
‘‘(vi) demonstrate that the entity com-
plies with State privacy laws and has es-
tablished quality assurance practices.’’; and 
(2) by striking subsections (b) and (c) and in-
serting the following: 
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‘‘(b) GOALS
AND PERFORMANCE.—The Secretary 
shall ensure that each entity receiving a grant under this 
section— 
‘‘(1) establishes quantifiable goals for the out-
come of the project funded with the grant; and 
‘‘(2) adequately measures the performance of 
the project relative to such goals. 
‘‘(c) PERFORMANCE REPORT REQUIRED.— 
‘‘(1) IN GENERAL.—Each entity that receives a 
grant under this section shall submit to the Sec-
retary a performance report that includes— 
‘‘(A) an evaluation of the effectiveness of 
the project funded with the grant relative to the 
goals established for such project under sub-
section (b)(1); and 
‘‘(B) data supporting such evaluation. 
‘‘(2) SUBMISSION.—The report under para-
graph (1) shall be submitted to the Secretary at 
such time, in such manner, and containing such in-
formation as the Secretary may require. 
‘‘(d) CONTINUING GRANTS.—The Secretary may only 
award a continuing grant to an entity under this section 
if such entity submits a performance report required 
under subsection (c) that demonstrates effectiveness of the 
project funded.’’. 
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SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NE-
GLECT PREVENTION AND TREATMENT PRO-
GRAMS. 
(a) DEVELOPMENT AND OPERATION GRANTS.—Sub-
section (a) of section 106 of the Child Abuse Prevention 
and Treatment Act (42 U.S.C. 5106a) is amended to read 
as follows: 
‘‘(a) DEVELOPMENT AND OPERATION GRANTS.—The 
Secretary shall make grants to the States, from allotments 
under subsection (f) for each State that applies for a grant 
under this section, for purposes of assisting the States in 
improving and implementing a child protective services 
system that is family-centered, integrates community serv-
ices, and is capable of providing rapid response to high- 
risk cases, by carrying out the following: 
‘‘(1) Conducting the intake, assessment, screen-
ing, and investigation of reports of child abuse or 
neglect. 
‘‘(2) Ensuring that reports concerning a child’s 
living arrangements or subsistence needs are ad-
dressed through services or benefits and that no 
child is separated from such child’s parent for rea-
sons of poverty. 
‘‘(3) Creating and improving the use of multi-
disciplinary teams and interagency, intra-agency, 
interstate, and intrastate protocols to enhance fair 
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investigations; and improving legal preparation and 
representation. 
‘‘(4) Complying with the assurances in section 
106(b)(2). 
‘‘(5) Establishing State and local networks of 
child and family service providers that support child 
and family well-being, which shall— 
‘‘(A) include child protective services, as 
well as agencies and service providers, that ad-
dress family-strengthening, parenting skills, 
child development, early childhood care and 
learning, child advocacy, public health, mental 
health, substance use disorder treatment, do-
mestic violence, developmental disabilities, hous-
ing, juvenile justice, elementary and secondary 
education, and child placement; and 
‘‘(B) address instances of child abuse and 
neglect by incorporating evaluations that assess 
the development of a child, including language 
and communication, cognitive, physical, and so-
cial and emotional development, the need for 
mental health services, including trauma-related 
services, trauma-informed care, and parental 
needs. 
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‘‘(6) Ensuring child protective services is ad-
dressing the safety of children and responding to 
parent and family needs, which shall include— 
‘‘(A) family-oriented efforts that emphasize 
case assessment and follow up casework focused 
on child safety and child and parent well-being, 
which may include— 
‘‘(i) ensuring parents and children un-
dergo physical and mental health assess-
ments, as appropriate, and ongoing devel-
opmental monitoring; 
‘‘(ii) multidisciplinary approaches to 
assessing family needs and connecting the 
family with services, including prevention 
services under section 471 of the Social Se-
curity Act (42 U.S.C. 671); 
‘‘(iii) organizing a treatment team 
with the goal of preventing child abuse and 
neglect, and improving parent and child 
well-being; 
‘‘(iv) case monitoring that supports 
child well-being; and 
‘‘(v) differential response efforts; and 
‘‘(B) establishing and maintaining a rapid 
response system that responds promptly to all 
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reports of child abuse or neglect, with special 
attention to cases involving children under 3 
years of age. 
‘‘(7) Educating caseworkers, community service 
providers, attorneys, health care professionals, par-
ents, and others engaged in the prevention, interven-
tion, and treatment of child abuse and neglect, 
which shall include education on— 
‘‘(A) practices that help ensure child safety 
and well-being; 
‘‘(B) approaches to family-oriented preven-
tion, intervention, and treatment of child abuse 
and neglect; 
‘‘(C) early childhood, child, and adolescent 
development, and the impact of adverse child-
hood experiences on such development; 
‘‘(D) the relationship between child abuse 
and domestic violence, and support for non- 
abusing parents; 
‘‘(E) strategies to work with families im-
pacted by substance use disorder and mental 
health issues (and, when appropriate, be coordi-
nated with prevention efforts funded under sec-
tion 471 of the Social Security Act (42 U.S.C. 
671)); 
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‘‘(F) effective use of multiple services to 
address family and child needs, including needs 
resulting from trauma; 
‘‘(G) efforts to improve family and child 
well-being; 
‘‘(H) support for child welfare workers af-
fected by secondary trauma; and 
‘‘(I) supporting families and caregivers to 
combat 
and 
prevent 
unsubstantiated, 
un-
founded, or false reports, including through 
education on the rights of families and care-
givers. 
‘‘(8) Creating or improving data systems that 
allow for— 
‘‘(A) the identification of cases requiring 
prompt responses; 
‘‘(B) real-time case monitoring that tracks 
assessments, service referrals, follow-up, case 
reviews, and progress toward parent and child 
goals; and 
‘‘(C) sharing basic identifying data with 
law enforcement, as necessary. 
‘‘(9) Improving the general child protective sys-
tem by developing, improving, and implementing 
safety assessment tools, providing that such tools, 
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protocols, and systems shall not authorize the sepa-
ration of any child from the legal parent or guardian 
of such child solely on the basis of poverty, or with-
out a judicial order, except in the case of imminent 
harm.’’. 
(b) ELIGIBILITY REQUIREMENTS.— 
(1) STATE
PLAN.—Paragraph (1) of section 
106(b) of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5106a(b)) is amended to read 
as follows: 
‘‘(1) STATE PLAN.— 
‘‘(A) IN GENERAL.—To be eligible to re-
ceive a grant under this section, a State shall 
submit to the Secretary a State plan that— 
‘‘(i) specifies how the grant will be 
used, and the State’s strategic plan, to 
treat child abuse and neglect and enhance 
community-based, prevention-centered ap-
proaches that attempt to prevent child 
abuse and neglect while strengthening and 
supporting families whenever possible; and 
‘‘(ii) meets the requirements of this 
subsection. 
‘‘(B) 
COORDINATION
AND
CONSULTA-
TION.— 
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‘‘(i) COORDINATION.—Each State, to 
the maximum extent practicable, shall co-
ordinate its State plan under this sub-
section with its State plan under part B of 
title IV of the Social Security Act (42 
U.S.C. 621 et seq.) relating to child and 
family services and, in States electing to 
provide services under part E of title IV of 
the Social Security Act (42 U.S.C. 670 et 
seq.) relating to foster care prevention 
services, its State plan under such part E. 
‘‘(ii) CONSULTATION.—In developing 
a State plan under this subsection, a State 
shall consult with community-based pre-
vention and service agencies, parents and 
families affected by child abuse or neglect 
in the State, law enforcement, family court 
judges, prosecutors who handle criminal 
child abuse cases, and medical profes-
sionals engaged in the treatment of child 
abuse and neglect. 
‘‘(C) DURATION
AND
SUBMISSION
OF 
PLAN.—Each State plan shall— 
‘‘(i) be submitted not less than every 
5 years; and 
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‘‘(ii) if necessary, revised by the State 
to inform the Secretary of any substantive 
changes, including— 
‘‘(I) any changes to State law or 
regulations, relating to the prevention 
of child abuse and neglect that may 
affect the eligibility of the State under 
this section; or 
‘‘(II) any changes in the State’s 
activities, 
strategies, 
or 
programs 
under this section.’’. 
(2) CONTENTS.—Paragraph (2) of section 
106(b) of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5106a(b)) is amended to read 
as follows: 
‘‘(2) CONTENTS.—A State plan submitted 
under paragraph (1) shall contain a description of 
the activities that the State will carry out using 
amounts received under the grant to achieve the ob-
jectives of this title, including— 
‘‘(A) an assurance in the form of a certifi-
cation by the Governor of the State that the 
State has in effect and is enforcing a State law, 
or has in effect and is operating a statewide 
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program, relating to child abuse and neglect 
that includes— 
‘‘(i) provisions or procedures for an 
individual to report known and suspected 
instances of child abuse and neglect, in-
cluding a State law for mandatory report-
ing by individuals required to report such 
instances; 
‘‘(ii) procedures for the immediate 
screening, risk and safety assessment, and 
prompt investigation of such reports of al-
leged abuse and neglect in order to ensure 
the well-being and safety of children; 
‘‘(iii) procedures for immediate steps 
to be taken to ensure and protect the safe-
ty of a victim of child abuse or neglect and 
of any other child under the same care who 
may also be in danger of child abuse or ne-
glect and ensuring their placement in a 
safe environment; 
‘‘(iv) methods to preserve the con-
fidentiality of all records in order to pro-
tect the rights of the child and of the 
child’s parents or guardians, including re-
quirements ensuring that reports and 
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444 
records made and maintained pursuant to 
the purposes of this Act shall only be made 
available to— 
‘‘(I) individuals who are the sub-
ject of the report; 
‘‘(II) Federal, State, or local gov-
ernment entities, or any agent of such 
entities, as described in clause (xi) of 
this subparagraph; 
‘‘(III) child abuse citizen review 
panels; 
‘‘(IV) child fatality review panels; 
‘‘(V) a grand jury or court, upon 
a finding that information in the 
record is necessary for the determina-
tion of an issue before the court or 
grand jury; and 
‘‘(VI) other entities or classes of 
individuals statutorily authorized by 
the State to receive such information 
pursuant to a legitimate State pur-
pose; 
‘‘(v) provisions and procedures requir-
ing that in every case involving a victim of 
child abuse or neglect which results in a 
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judicial proceeding, a guardian ad litem, 
who has received education appropriate to 
the role, including education in early child-
hood, child, and adolescent development, 
and domestic violence, and who may be an 
attorney or a court appointed special advo-
cate who has received education appro-
priate to that role (or both), shall be ap-
pointed to represent the child (who, for 
purposes of this section, shall have any age 
limit elected by the State pursuant to sec-
tion 475(8)(B)(iii) of the Social Security 
Act (42 U.S.C. 675(8)(B)(iii)) in such pro-
ceedings— 
‘‘(I) to obtain first-hand, a clear 
understanding of the situation and 
needs of such child; and 
‘‘(II) to make recommendations 
to the court concerning the best inter-
ests of such child; 
‘‘(vi) the establishment of citizen re-
view panels in accordance with subsection 
(c); 
‘‘(vii) provisions and procedures to re-
quire that a representative of the child pro-
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446 
tective services agency shall, at the initial 
time of contact with the individual subject 
to a child abuse or neglect investigation, 
advise the individual of the complaints or 
allegations made against the individual, in 
a manner that is consistent with laws pro-
tecting the rights of the informant; 
‘‘(viii) provisions, procedures, and 
mechanisms— 
‘‘(I) for the expedited termi-
nation of parental rights in the case 
of any infant determined to be aban-
doned under State law; and 
‘‘(II) by which individuals who 
disagree with an official finding of 
child abuse or neglect can appeal such 
finding; 
‘‘(ix) provisions addressing the profes-
sional development of representatives of 
the child protective services system regard-
ing the legal duties of the representatives, 
which may consist of various methods of 
informing such representatives of such du-
ties (including providing such education in 
different languages if necessary), in order 
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447 
to protect the legal rights and safety of 
children and their parents and caregivers 
from the initial time of contact during in-
vestigation through treatment; 
‘‘(x) provisions for immunity from 
civil or criminal liability under State and 
local laws and regulations for individuals 
making good faith reports of suspected or 
known instances of child abuse or neglect, 
or who otherwise provide information or 
assistance, including medical evaluations or 
consultations, in connection with a report, 
investigation, or legal intervention pursu-
ant to a good faith report of child abuse or 
neglect; 
‘‘(xi) provisions to require the State to 
disclose confidential information to any 
Federal, State, or local government entity, 
or any agent of such entity, that has a 
need for such information in order to carry 
out its responsibilities under law to protect 
children from child abuse and neglect; 
‘‘(xii) provisions requiring, and proce-
dures in place that facilitate the prompt 
expungement of any records that are ac-
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448 
cessible to the general public or are used 
for purposes of employment or other back-
ground checks in cases determined to be 
unsubstantiated or false, except that noth-
ing in this section shall prevent State child 
protective services agencies from keeping 
information on unsubstantiated reports in 
their casework files to assist in future risk 
and safety assessment; 
‘‘(xiii) provisions and procedures for 
requiring 
criminal 
background 
record 
checks that meet the requirements of sec-
tion 471(a)(20) of the Social Security Act 
(42 U.S.C. 671(a)(20)) for prospective fos-
ter and adoptive parents and other adult 
relatives and non-relatives residing in the 
household; 
‘‘(xiv) provisions for systems of tech-
nology that support the State child protec-
tive services system and track reports of 
child abuse and neglect from intake 
through final disposition; 
‘‘(xv) provisions and procedures re-
quiring identification and assessment of all 
reports involving children known or sus-
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449 
pected to be victims of sex trafficking (as 
defined in section 103(12) of the Traf-
ficking Victims Protection Act of 2000 (22 
U.S.C. 7102 (12)); 
‘‘(xvi) provisions, procedures, and 
mechanisms that assure that the State 
does not require reunification of a sur-
viving child with a parent who has been 
found by a court of competent jurisdic-
tion— 
‘‘(I) to have committed murder 
(which would have been an offense 
under section 1111(a) of title 18, 
United States Code, if the offense had 
occurred in the special maritime or 
territorial jurisdiction of the United 
States) of another child of such par-
ent; 
‘‘(II) to have committed vol-
untary manslaughter (which would 
have been an offense under section 
1112(a) of title 18, United States 
Code, if the offense had occurred in 
the special maritime or territorial ju-
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450 
risdiction of the United States) of an-
other child of such parent; 
‘‘(III) to have aided or abetted, 
attempted, conspired, or solicited to 
commit such murder or voluntary 
manslaughter; 
‘‘(IV) to have committed a felony 
assault that results in the serious bod-
ily injury to the surviving child or an-
other child of such parent; 
‘‘(V) to have committed sexual 
abuse against the surviving child or 
another child of such parent; or 
‘‘(VI) to be required to register 
with a sex offender registry under sec-
tion 113(a) of the Adam Walsh Child 
Protection and Safety Act of 2006 
(42 U.S.C. 16913(a)); and 
‘‘(xvii) an assurance that, upon the 
implementation by the State of the provi-
sions, procedures, and mechanisms under 
clause (xvi), conviction of any one of the 
felonies listed in clause (xvi) constitute 
grounds under State law for the termi-
nation of parental rights of the convicted 
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451 
parent as to the surviving children (al-
though 
case-by-case 
determinations 
of 
whether or not to seek termination of pa-
rental rights shall be within the sole discre-
tion of the State); 
‘‘(B) an assurance that the State has in 
place procedures for responding to the reporting 
of medical neglect (including instances of with-
holding of medically indicated treatment from 
infants with disabilities who have life-threat-
ening conditions), procedures or programs, or 
both (within the State child protective services 
system), to provide for— 
‘‘(i) coordination and consultation 
with individuals designated by and within 
appropriate health-care facilities; 
‘‘(ii) prompt notification by individ-
uals designated by and within appropriate 
health-care facilities of cases of suspected 
medical neglect (including instances of 
withholding of medically indicated treat-
ment from infants with disabilities who 
have life-threatening conditions); and 
‘‘(iii) authority, under State law, for 
the State child protective services system 
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452 
to pursue any legal remedies, including the 
authority to initiate legal proceedings in a 
court of competent jurisdiction, as may be 
necessary to prevent the withholding of 
medically indicated treatment from infants 
with disabilities who have life-threatening 
conditions; 
‘‘(C) an assurance or certification that pro-
grams and education conducted under this title 
address the unique needs of unaccompanied 
homeless youth, including access to enrollment 
and support services and that such youth are 
eligible for under parts B and E of title IV of 
the Social Security Act (42 U.S.C. 621 et seq., 
670 et seq.) and meet the requirements of the 
McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11301 et seq.); and 
‘‘(D) a description of— 
‘‘(i) policies and procedures (including 
appropriate referrals to child welfare serv-
ice systems and for other appropriate serv-
ices (including home visiting services and 
mutual support and parent partner pro-
grams) determined by a family assessment) 
to address the needs of infants born with 
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453 
and identified as being affected by sub-
stance use or withdrawal symptoms result-
ing from prenatal drug exposure, or a 
Fetal Alcohol Spectrum Disorder, includ-
ing a requirement that health care pro-
viders involved in the delivery or care of 
such infants notify the child protective wel-
fare service system of the occurrence of 
such condition in such infants, except 
that— 
‘‘(I) child protective services shall 
undertake an investigation only when 
the findings of a family assessment 
warrant such investigation; and 
‘‘(II) such notification shall not 
be construed to— 
‘‘(aa) establish a definition 
under Federal law of what con-
stitutes child abuse or neglect; or 
‘‘(bb) require prosecution for 
any illegal action; 
‘‘(ii) the development of a multi-dis-
ciplinary plan of safe care for the infant 
born and identified as being affected by 
substance use or withdrawal symptoms or 
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a Fetal Alcohol Spectrum Disorder to en-
sure the safety and well-being of such in-
fant following release from the care of 
health care providers, including through— 
‘‘(I) using a risk-based approach 
to develop each plan of safe care; 
‘‘(II) addressing, through coordi-
nated service delivery, the health and 
substance 
use 
disorder 
treatment 
needs of the infant and affected fam-
ily or caregiver as determined by a 
family assessment; and 
‘‘(III) the development and im-
plementation by the State of moni-
toring systems regarding the imple-
mentation of such plans of safe care 
to determine whether and in what 
manner local entities are providing, in 
accordance with State requirements, 
referrals to and delivery of appro-
priate services for the infant and af-
fected family or caregiver; 
‘‘(iii) policies and procedures to make 
available to the public on the State website 
the data, findings, and information about 
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