1484 
record or other document used by the State to 
verify the signatures of voters. 
‘‘(2) DUE PROCESS REQUIREMENTS.— 
‘‘(A) NOTICE AND OPPORTUNITY TO CURE 
DISCREPANCY.—If an individual submits an ab-
sentee ballot and the appropriate State or local 
election official determines that a discrepancy 
exists between the signature on such ballot and 
the signature of such individual on the official 
list of registered voters in the State or other of-
ficial record or document used by the State to 
verify the signatures of voters, such election of-
ficial, prior to making a final determination as 
to the validity of such ballot, shall— 
‘‘(i) make a good faith effort to imme-
diately notify the individual by mail, tele-
phone, and (if available) electronic mail 
that— 
‘‘(I) a discrepancy exists between 
the signature on such ballot and the 
signature of the individual on the offi-
cial list of registered voters in the 
State, and 
‘‘(II) if such discrepancy is not 
cured prior to the expiration of the
1485 
10-day period which begins on the 
date the official notifies the individual 
of the discrepancy, such ballot will not 
be counted; and 
‘‘(ii) cure such discrepancy and count 
the ballot if, prior to the expiration of the 
10-day period described in clause (i)(II), 
the individual provides the official with in-
formation to cure such discrepancy, either 
in person, by telephone, or by electronic 
methods. 
‘‘(B) NOTICE AND OPPORTUNITY TO PRO-
VIDE
MISSING
SIGNATURE.—If an individual 
submits an absentee ballot without a signature, 
the appropriate State or local election official, 
prior to making a final determination as to the 
validity of the ballot, shall— 
‘‘(i) make a good faith effort to imme-
diately notify the individual by mail, tele-
phone, and (if available) electronic mail 
that— 
‘‘(I) the ballot did not include a 
signature, and 
‘‘(II) if the individual does not 
provide the missing signature prior to
1486 
the expiration of the 10-day period 
which begins on the date the official 
notifies the individual that the ballot 
did not include a signature, such bal-
lot will not be counted; and 
‘‘(ii) count the ballot if, prior to the 
expiration of the 10-day period described 
in clause (i)(II), the individual provides the 
official with the missing signature on a 
form proscribed by the State. 
‘‘(C) OTHER REQUIREMENTS.—An election 
official may not make a determination that a 
discrepancy exists between the signature on an 
absentee ballot and the signature of the indi-
vidual who submits the ballot on the official list 
of registered voters in the State or other official 
record or other document used by the State to 
verify the signatures of voters unless— 
‘‘(i) at least 2 election officials make 
the determination; and 
‘‘(ii) each official who makes the de-
termination has received training in proce-
dures used to verify signatures. 
‘‘(3) REPORT.—
1487 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the end of a Federal election cycle, 
each chief State election official shall submit to 
Congress a report containing the following in-
formation for the applicable Federal election 
cycle in the State: 
‘‘(i) The number of ballots invalidated 
due to a discrepancy under this subsection. 
‘‘(ii) Description of attempts to con-
tact voters to provide notice as required by 
this subsection. 
‘‘(iii) Description of the cure process 
developed by such State pursuant to this 
subsection, including the number of ballots 
determined valid as a result of such proc-
ess. 
‘‘(B) FEDERAL
ELECTION
CYCLE
DE-
FINED.—For purposes of this subsection, the 
term ‘Federal election cycle’ means the period 
beginning on January 1 of any odd numbered 
year and ending on December 31 of the fol-
lowing year. 
‘‘(c) METHODS AND TIMING FOR TRANSMISSION OF 
BALLOTS AND BALLOTING MATERIALS TO VOTERS.—
1488 
‘‘(1) METHOD FOR REQUESTING BALLOT.—In 
addition to such other methods as the State may es-
tablish for an individual to request an absentee bal-
lot, the State shall permit an individual to submit a 
request for an absentee ballot online. The State shall 
be considered to meet the requirements of this para-
graph if the website of the appropriate State or local 
election official allows an absentee ballot request ap-
plication to be completed and submitted online and 
if the website permits the individual— 
‘‘(A) to print the application so that the 
individual may complete the application and re-
turn it to the official; or 
‘‘(B) request that a paper copy of the ap-
plication be transmitted to the individual by 
mail or electronic mail so that the individual 
may complete the application and return it to 
the official. 
‘‘(2) ENSURING
DELIVERY
PRIOR
TO
ELEC-
TION.—If an individual requests to vote by absentee 
ballot in an election for Federal office, the appro-
priate State or local election official shall ensure 
that the ballot and relating voting materials are re-
ceived by the individual prior to the date of the elec-
tion so long as the individual’s request is received by
1489 
the official not later than 5 days (excluding Satur-
days, Sundays, and legal public holidays) before the 
date of the election, except that nothing in this para-
graph shall preclude a State or local jurisdiction 
from allowing for the acceptance and processing of 
ballot requests submitted or received after such re-
quired period. 
‘‘(3) SPECIAL RULES IN CASE OF EMERGENCY 
PERIODS.— 
‘‘(A) AUTOMATIC MAILING OF ABSENTEE 
BALLOTS TO ALL VOTERS.—If the area in which 
an election is held is in an area in which an 
emergency or disaster which is described in sub-
paragraph (A) or (B) of section 1135(g)(1) of 
the Social Security Act (42 U.S.C. 1320b- 
5(g)(1)) is declared during the period described 
in subparagraph (C)— 
‘‘(i) paragraphs (1) and (2) shall not 
apply with respect to the election; and 
‘‘(ii) not later than 2 weeks before the 
date of the election, the appropriate State 
or local election official shall transmit by 
mail absentee ballots and balloting mate-
rials for the election to all individuals who 
are registered to vote in such election or,
1490 
in the case of any State that does not reg-
ister voters, all individuals who are in the 
State’s central voter file (or if the State 
does not keep a central voter file, to all in-
dividuals who are eligible to vote in such 
election). 
‘‘(B) AFFIRMATION.—If an individual re-
ceives an absentee ballot from a State or local 
election official pursuant to subparagraph (A) 
and returns the voted ballot to the official, the 
ballot shall not be counted in the election unless 
the individual includes with the ballot a signed 
affirmation that— 
‘‘(i) the individual has not and will 
not cast another ballot with respect to the 
election; and 
‘‘(ii) acknowledges that a material 
misstatement of fact in completing the bal-
lot may constitute grounds for conviction 
of perjury. 
‘‘(C) PERIOD DESCRIBED.—The period de-
scribed in this subparagraph with respect to an 
election is the period which begins 120 days be-
fore the date of the election and ends 30 days 
before the date of the election.
1491 
‘‘(D) APPLICATION
TO
NOVEMBER
2020 
GENERAL
ELECTION.—Because of the public 
health emergency declared pursuant to section 
319 of the Public Health Service Act (42 
U.S.C. 247d) resulting from the COVID–19 
pandemic, the special rules set forth in this 
paragraph shall apply with respect to the regu-
larly scheduled general election for Federal of-
fice held in November 2020 in each State. 
‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DIS-
ABILITIES.—The State shall ensure that all absentee bal-
lots and related voting materials in elections for Federal 
office are accessible to individuals with disabilities in a 
manner that provides the same opportunity for access and 
participation (including with privacy and independence) as 
for other voters. 
‘‘(e) UNIFORM DEADLINE
FOR ACCEPTANCE
OF 
MAILED BALLOTS.—A State may not refuse to accept or 
process a ballot submitted by an individual by mail with 
respect to an election for Federal office in the State on 
the grounds that the individual did not meet a deadline 
for returning the ballot to the appropriate State or local 
election official if— 
‘‘(1) the ballot is postmarked, signed, or other-
wise indicated by the United States Postal Service to
1492 
have been mailed on or before the date of the elec-
tion; and 
‘‘(2) the ballot is received by the appropriate 
election official prior to the expiration of the 10-day 
period which begins on the date of the election. 
‘‘(f) ALTERNATIVE METHODS OF RETURNING BAL-
LOTS.— 
‘‘(1) IN GENERAL.—In addition to permitting 
an individual to whom a ballot in an election was 
provided under this section to return the ballot to an 
election official by mail, the State shall permit the 
individual to cast the ballot by delivering the ballot 
at such times and to such locations as the State may 
establish, including— 
‘‘(A) permitting the individual to deliver 
the ballot to a polling place on any date on 
which voting in the election is held at the poll-
ing place; and 
‘‘(B) permitting the individual to deliver 
the ballot to a designated ballot drop-off loca-
tion. 
‘‘(2) PERMITTING
VOTERS
TO
DESIGNATE 
OTHER PERSON TO RETURN BALLOT.—The State— 
‘‘(A) shall permit a voter to designate any 
person to return a voted and sealed absentee
1493 
ballot to the post office, a ballot drop-off loca-
tion, tribally designated building, or election of-
fice so long as the person designated to return 
the ballot does not receive any form of com-
pensation based on the number of ballots that 
the person has returned and no individual, 
group, or organization provides compensation 
on this basis; and 
‘‘(B) may not put any limit on how many 
voted and sealed absentee ballots any des-
ignated person can return to the post office, a 
ballot drop off location, tribally designated 
building, or election office. 
‘‘(g) BALLOT PROCESSING AND SCANNING REQUIRE-
MENTS.— 
‘‘(1) IN GENERAL.—The State shall begin proc-
essing and scanning ballots cast by mail for tabula-
tion at least 14 days prior to the date of the election 
involved. 
‘‘(2) LIMITATION.—Nothing in this subsection 
shall be construed to permit a State to tabulate bal-
lots in an election before the closing of the polls on 
the date of the election. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect the authority of States
1494 
to conduct elections for Federal office through the use of 
polling places at which individuals cast ballots. 
‘‘(i) NO EFFECT ON BALLOTS SUBMITTED BY AB-
SENT MILITARY AND OVERSEAS VOTERS.—Nothing in 
this section may be construed to affect the treatment of 
any ballot submitted by an individual who is entitled to 
vote by absentee ballot under the Uniformed and Overseas 
Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). 
‘‘(j) EFFECTIVE DATE.—This section shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2020 and each succeeding 
election for Federal office. 
‘‘SEC. 323. ABSENTEE BALLOT TRACKING PROGRAM. 
‘‘(a) REQUIREMENT.—Each State shall carry out a 
program to track and confirm the receipt of absentee bal-
lots in an election for Federal office under which the State 
or local election official responsible for the receipt of voted 
absentee ballots in the election carries out procedures to 
track and confirm the receipt of such ballots, and makes 
information on the receipt of such ballots available to the 
individual who cast the ballot, by means of online access 
using the Internet site of the official’s office. 
‘‘(b) INFORMATION
ON
WHETHER
VOTE
WAS 
COUNTED.—The information referred to under subsection 
(a) with respect to the receipt of an absentee ballot shall
1495 
include information regarding whether the vote cast on the 
ballot was counted, and, in the case of a vote which was 
not counted, the reasons therefor. 
‘‘(c) USE OF TOLL-FREE TELEPHONE NUMBER BY 
OFFICIALS WITHOUT INTERNET SITE.—A program estab-
lished by a State or local election official whose office does 
not have an Internet site may meet the requirements of 
subsection (a) if the official has established a toll-free tele-
phone number that may be used by an individual who cast 
an absentee ballot to obtain the information on the receipt 
of the voted absentee ballot as provided under such sub-
section. 
‘‘(d) EFFECTIVE DATE.—This section shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2020 and each succeeding 
election for Federal office. 
‘‘SEC. 324. RULES FOR COUNTING PROVISIONAL BALLOTS. 
‘‘(a) STATEWIDE COUNTING OF PROVISIONAL BAL-
LOTS.— 
‘‘(1) IN
GENERAL.—For purposes of section 
302(a)(4), notwithstanding the precinct or polling 
place at which a provisional ballot is cast within the 
State, the appropriate election official shall count 
each vote on such ballot for each election in which 
the individual who cast such ballot is eligible to vote.
1496 
‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to the regularly scheduled general 
election for Federal office held in November 2020 
and each succeeding election for Federal office. 
‘‘(b) UNIFORM
AND NONDISCRIMINATORY STAND-
ARDS.— 
‘‘(1) IN
GENERAL.—Consistent with the re-
quirements of section 302, each State shall establish 
uniform and nondiscriminatory standards for the 
issuance, handling, and counting of provisional bal-
lots. 
‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to the regularly scheduled general 
election for Federal office held in November 2020 
and each succeeding election for Federal office. 
‘‘SEC. 325. COVERAGE OF COMMONWEALTH OF NORTHERN 
MARIANA ISLANDS. 
‘‘In this subtitle, the term ‘State’ includes the Com-
monwealth of the Northern Mariana Islands. 
‘‘SEC. 326. MINIMUM REQUIREMENTS FOR EXPANDING 
ABILITY OF INDIVIDUALS TO VOTE. 
‘‘The requirements of this subtitle are minimum re-
quirements, and nothing in this subtitle may be construed 
to prevent a State from establishing standards which pro-
mote the ability of individuals to vote in elections for Fed-
1497 
eral office, so long as such standards are not inconsistent 
with the requirements of this subtitle or other Federal 
laws.’’. 
(b) 
CONFORMING
AMENDMENT
RELATING
TO 
ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS-
SISTANCE COMMISSION.—Section 311(b) of such Act (52 
U.S.C. 21101(b)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) in the case of the recommendations with 
respect to subtitle C, June 30, 2020.’’. 
(c) ENFORCEMENT.— 
(1) COVERAGE
UNDER
EXISTING
ENFORCE-
MENT PROVISIONS.—Section 401 of such Act (52 
U.S.C. 21111) is amended by striking ‘‘and 303’’ 
and inserting ‘‘303, and subtitle C of title III’’. 
(2) AVAILABILITY OF PRIVATE RIGHT OF AC-
TION.—Title IV of such (52 U.S.C. 21111 et seq.) 
is amended by adding at the end the following new 
section:
1498 
‘‘SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF 
CERTAIN REQUIREMENTS. 
‘‘(a) IN GENERAL.—In the case of a violation of sub-
title C of title III, section 402 shall not apply and any 
person who is aggrieved by such violation may provide 
written notice of the violation to the chief election official 
of the State involved. 
‘‘(b) RELIEF.—If the violation is not corrected within 
20 days after receipt of a notice under subsection (a), or 
within 5 days after receipt of the notice if the violation 
occurred within 120 days before the date of an election 
for Federal office, the aggrieved person may, in a civil ac-
tion, obtain declaratory or injunctive relief with respect 
to the violation. 
‘‘(c) SPECIAL RULE.—If the violation occurred within 
5 days before the date of an election for Federal office, 
the aggrieved person need not provide notice to the chief 
election official of the State involved under subsection (a) 
before bringing a civil action under subsection (b).’’. 
(d) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended— 
(1) by adding at the end of the items relating 
to title III the following: 
‘‘Subtitle C—Other Requirements 
‘‘Sec. 321. Early voting. 
‘‘Sec. 322. Promoting ability of voters to vote by mail. 
‘‘Sec. 323. Absentee ballot tracking program. 
‘‘Sec. 324. Rules for counting provisional ballots.
1499 
‘‘Sec. 325. Coverage of Commonwealth of Northern Mariana Islands. 
‘‘Sec. 326. Minimum requirements for expanding ability of individuals to vote.’’; 
and 
(2) by adding at the end of the items relating 
to title IV the following new item: 
‘‘Sec. 403. Private right of action for violations of certain requirements.’’. 
SEC. 160004. PERMITTING USE OF SWORN WRITTEN STATE-
MENT TO MEET IDENTIFICATION REQUIRE-
MENTS FOR VOTING. 
(a) PERMITTING USE OF STATEMENT.—Subtitle C of 
title III of the Help America Vote Act of 2002, as added 
by section 160003(a), is amended— 
(1) by redesignating sections 325 and 326 as 
sections 326 and 327; and 
(2) by inserting after section 324 the following 
new section: 
‘‘SEC. 325. PERMITTING USE OF SWORN WRITTEN STATE-
MENT TO MEET IDENTIFICATION REQUIRE-
MENTS. 
‘‘(a) USE OF STATEMENT.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (c), if a State has in effect a requirement 
that an individual present identification as a condi-
tion of casting a ballot in an election for Federal of-
fice, the State shall permit the individual to meet 
the requirement—
1500 
‘‘(A) in the case of an individual who de-
sires to vote in person, by presenting the appro-
priate State or local election official with a 
sworn written statement, signed by the indi-
vidual under penalty of perjury, attesting to the 
individual’s identity and attesting that the indi-
vidual is eligible to vote in the election; or 
‘‘(B) in the case of an individual who de-
sires to vote by mail, by submitting with the 
ballot the statement described in subparagraph 
(A). 
‘‘(2) DEVELOPMENT OF PRE-PRINTED VERSION 
OF STATEMENT BY COMMISSION.—The Commission 
shall develop a pre-printed version of the statement 
described in paragraph (1)(A) which includes a 
blank space for an individual to provide a name and 
signature for use by election officials in States which 
are subject to paragraph (1). 
‘‘(3) PROVIDING PRE-PRINTED COPY OF STATE-
MENT.—A State which is subject to paragraph (1) 
shall— 
‘‘(A) make copies of the pre-printed 
version of the statement described in paragraph 
(1)(A) which is prepared by the Commission 
available at polling places for election officials
1501 
to distribute to individuals who desire to vote in 
person; and 
‘‘(B) include a copy of such pre-printed 
version of the statement with each blank absen-
tee or other ballot transmitted to an individual 
who desires to vote by mail. 
‘‘(b) REQUIRING USE OF BALLOT IN SAME MANNER 
AS INDIVIDUALS PRESENTING IDENTIFICATION.—An in-
dividual who presents or submits a sworn written state-
ment in accordance with subsection (a)(1) shall be per-
mitted to cast a ballot in the election in the same manner 
as an individual who presents identification. 
‘‘(c) EXCEPTION
FOR FIRST-TIME VOTERS REG-
ISTERING BY MAIL.—Subsections (a) and (b) do not apply 
with respect to any individual described in paragraph (1) 
of section 303(b) who is required to meet the requirements 
of paragraph (2) of such section.’’. 
(b) REQUIRING STATES TO INCLUDE INFORMATION 
ON USE OF SWORN WRITTEN STATEMENT IN VOTING IN-
FORMATION MATERIAL POSTED AT POLLING PLACES.— 
Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), 
is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (E);
1502 
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(G) in the case of a State that has in ef-
fect a requirement that an individual present 
identification as a condition of casting a ballot 
in an election for Federal office, information on 
how an individual may meet such requirement 
by presenting a sworn written statement in ac-
cordance with section 303A.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by section 160003, is amended— 
(1) by redesignating the items relating to sec-
tions 325 and 326 as relating to sections 326 and 
327; and 
(2) by inserting after the item relating to sec-
tion 324 the following new item: 
‘‘Sec. 325. Permitting use of sworn written statement to meet identification re-
quirements.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to elections occurring 
on or after the date of the enactment of this Act. 
SEC. 160005. VOTING MATERIALS POSTAGE. 
(a) PREPAYMENT OF POSTAGE ON RETURN ENVE-
LOPES.—
1503 
(1) IN GENERAL.—Subtitle C of title III of the 
Help America Vote Act of 2002, as added by section 
160003(a) and as amended by section 160004(a), is 
further amended— 
(A) by redesignating sections 326 and 327 
as sections 327 and 328; and 
(B) by inserting after section 325 the fol-
lowing new section: 
‘‘SEC. 326. PREPAYMENT OF POSTAGE ON RETURN ENVE-
LOPES FOR VOTING MATERIALS. 
‘‘(a) PROVISION OF RETURN ENVELOPES.—The ap-
propriate State or local election official shall provide a 
self-sealing return envelope with— 
‘‘(1) any voter registration application form 
transmitted to a registrant by mail; 
‘‘(2) any application for an absentee ballot 
transmitted to an applicant by mail; and 
‘‘(3) any blank absentee ballot transmitted to a 
voter by mail. 
‘‘(b) PREPAYMENT OF POSTAGE.—Consistent with 
regulations of the United States Postal Service, the State 
or the unit of local government responsible for the admin-
istration of the election involved shall prepay the postage 
on any envelope provided under subsection (a).
1504 
‘‘(c) NO EFFECT ON BALLOTS OR BALLOTING MATE-
RIALS TRANSMITTED TO ABSENT MILITARY AND OVER-
SEAS VOTERS.—Nothing in this section may be construed 
to affect the treatment of any ballot or balloting materials 
transmitted to an individual who is entitled to vote by ab-
sentee ballot under the Uniformed and Overseas Citizens 
Absentee Voting Act (52 U.S.C. 20301 et seq.).’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act, as amended by section 160004(c), 
is amended— 
(A) by redesignating the items relating to 
sections 326 and 327 as relating to sections 
327 and 328; and 
(B) by inserting after the item relating to 
section 325 the following new item: 
‘‘Sec. 326. Prepayment of postage on return envelopes for voting materials’’. 
(b) ROLE OF UNITED STATES POSTAL SERVICE.— 
(1) IN
GENERAL.—Chapter 34 of title 39, 
United States Code, is amended by adding after sec-
tion 3406 the following: 
‘‘§ 3407. Voting materials 
‘‘(a) Any voter registration application, absentee bal-
lot application, or absentee ballot with respect to any elec-
tion for Federal office shall be carried expeditiously, with 
postage on the return envelope prepaid by the State or
1505 
unit of local government responsible for the administration 
of the election. 
‘‘(b) As used in this section— 
‘‘(1) the term ‘absentee ballot’ means any ballot 
transmitted by a voter by mail in an election for 
Federal office, but does not include any ballot cov-
ered by section 3406; and 
‘‘(2) the term ‘election for Federal office’ means 
a general, special, primary, or runoff election for the 
office of President or Vice President, or of Senator 
or Representative in, or Delegate or Resident Com-
missioner to, the Congress. 
‘‘(c) Nothing in this section may be construed to af-
fect the treatment of any ballot or balloting materials 
transmitted to an individual who is entitled to vote by ab-
sentee ballot under the Uniformed and Overseas Citizens 
Absentee Voting Act (52 U.S.C. 20301 et seq.).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 34 of such title is amended by in-
serting after the item relating to section 3406 the 
following: 
‘‘3407. Voting materials.’’.
1506 
SEC. 160006. REQUIRING TRANSMISSION OF BLANK ABSEN-
TEE BALLOTS UNDER UOCAVA TO CERTAIN 
VOTERS. 
(a) IN GENERAL.—The Uniformed and Overseas 
Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) 
is amended by inserting after section 103B the following 
new section: 
‘‘SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS 
TO CERTAIN OTHER VOTERS. 
‘‘(a) IN GENERAL.— 
‘‘(1) STATE RESPONSIBILITIES.—Subject to the 
provisions of this section, each State shall transmit 
blank absentee ballots electronically to qualified indi-
viduals who request such ballots in the same manner 
and under the same terms and conditions under 
which the State transmits such ballots electronically 
to absent uniformed services voters and overseas vot-
ers under the provisions of section 102(f), except 
that no such marked ballots shall be returned elec-
tronically. 
‘‘(2) REQUIREMENTS.—Any blank absentee bal-
lot transmitted to a qualified individual under this 
section— 
‘‘(A) must comply with the language re-
quirements under section 203 of the Voting 
Rights Act of 1965 (52 U.S.C. 10503); and
1507 
‘‘(B) must comply with the disability re-
quirements under section 508 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794d). 
‘‘(3) AFFIRMATION.—The State may not trans-
mit a ballot to a qualified individual under this sec-
tion unless the individual provides the State with a 
signed affirmation in electronic form that— 
‘‘(A) the individual is a qualified individual 
(as defined in subsection (b)); 
‘‘(B) the individual has not and will not 
cast another ballot with respect to the election; 
and 
‘‘(C) 
acknowledges 
that 
a 
material 
misstatement of fact in completing the ballot 
may constitute grounds for conviction of per-
jury. 
‘‘(4) CLARIFICATION REGARDING FREE POST-
AGE.—An absentee ballot obtained by a qualified in-
dividual under this section shall be considered bal-
loting materials as defined in section 107 for pur-
poses of section 3406 of title 39, United States 
Code. 
‘‘(5) PROHIBITING REFUSAL TO ACCEPT BAL-
LOT
FOR
FAILURE
TO
MEET
CERTAIN
REQUIRE-
MENTS.—A State shall not refuse to accept and
1508 
process any otherwise valid blank absentee ballot 
which was transmitted to a qualified individual 
under this section and used by the individual to vote 
in the election solely on the basis of the following: 
‘‘(A) Notarization or witness signature re-
quirements. 
‘‘(B) Restrictions on paper type, including 
weight and size. 
‘‘(C) Restrictions on envelope type, includ-
ing weight and size. 
‘‘(b) QUALIFIED INDIVIDUAL.— 
‘‘(1) IN GENERAL.—In this section, except as 
provided in paragraph (2), the term ‘qualified indi-
vidual’ means any individual who is otherwise quali-
fied to vote in an election for Federal office and who 
meets any of the following requirements: 
‘‘(A) The individual— 
‘‘(i) has previously requested an ab-
sentee ballot from the State or jurisdiction 
in which such individual is registered to 
vote; and 
‘‘(ii) has not received such absentee 
ballot at least 2 days before the date of the 
election. 
‘‘(B) The individual—
1509 
‘‘(i) resides in an area of a State with 
respect to which an emergency or public 
health emergency has been declared by the 
chief executive of the State or of the area 
involved within 5 days of the date of the 
election under the laws of the State due to 
reasons including a natural disaster, in-
cluding severe weather, or an infectious 
disease; and 
‘‘(ii) has not previously requested an 
absentee ballot. 
‘‘(C) The individual expects to be absent 
from such individual’s jurisdiction on the date 
of the election due to professional or volunteer 
service in response to a natural disaster or 
emergency as described in subparagraph (B). 
‘‘(D) The individual is hospitalized or ex-
pects to be hospitalized on the date of the elec-
tion. 
‘‘(E) The individual is an individual with a 
disability (as defined in section 3 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12102)) and resides in a State which does not 
offer voters the ability to use secure and acces-
sible remote ballot marking. For purposes of
1510 
this subparagraph, a State shall permit an indi-
vidual to self-certify that the individual is an in-
dividual with a disability. 
‘‘(2) EXCLUSION OF ABSENT UNIFORMED SERV-
ICES AND OVERSEAS VOTERS.—The term ‘qualified 
individual’ shall not include an absent uniformed 
services voter or an overseas voter. 
‘‘(c) STATE.—For purposes of this section, the term 
‘State’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of 
the Northern Mariana Islands. 
‘‘(d) EFFECTIVE DATE.—This section shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2020 and each succeeding 
election for Federal office.’’. 
(b) CONFORMING AMENDMENT.—Section 102(a) of 
such Act (52 U.S.C. 20302(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(10); 
(2) by striking the period at the end of para-
graph (11) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph:
1511 
‘‘(12) meet the requirements of section 103C 
with respect to the provision of blank absentee bal-
lots for the use of qualified individuals described in 
such section.’’. 
(c) CLERICAL AMENDMENTS.—The table of contents 
of such Act is amended by inserting the following after 
section 103: 
‘‘Sec. 103A. Procedures for collection and delivery of marked absentee ballots 
of absent overseas uniformed services voters. 
‘‘Sec. 103B. Federal voting assistance program improvements. 
‘‘Sec. 103C. Transmission of blank absentee ballots to certain other voters.’’. 
SEC. 160007. VOTER REGISTRATION. 
(a) REQUIRING AVAILABILITY
OF INTERNET
FOR 
VOTER REGISTRATION.— 
(1) REQUIRING
AVAILABILITY
OF
INTERNET 
FOR REGISTRATION.—The National Voter Registra-
tion Act of 1993 (52 U.S.C. 20501 et seq.) is 
amended by inserting after section 6 the following 
new section: 
‘‘SEC. 6A. INTERNET REGISTRATION. 
‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR 
ONLINE REGISTRATION.— 
‘‘(1) AVAILABILITY OF ONLINE REGISTRATION 
AND CORRECTION OF EXISTING REGISTRATION IN-
FORMATION.—Each State, acting through the chief 
State election official, shall ensure that the following 
services are available to the public at any time on
1512 
the official public websites of the appropriate State 
and local election officials in the State, in the same 
manner and subject to the same terms and condi-
tions as the services provided by voter registration 
agencies under section 7(a): 
‘‘(A) Online application for voter registra-
tion. 
‘‘(B) Online assistance to applicants in ap-
plying to register to vote. 
‘‘(C) Online completion and submission by 
applicants of the mail voter registration applica-
tion form prescribed by the Election Assistance 
Commission pursuant to section 9(a)(2), includ-
ing assistance with providing a signature as re-
quired under subsection (c). 
‘‘(D) Online receipt of completed voter reg-
istration applications. 
‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.— 
A State shall accept an online voter registration applica-
tion provided by an individual under this section, and en-
sure that the individual is registered to vote in the State, 
if— 
‘‘(1) the individual meets the same voter reg-
istration requirements applicable to individuals who 
register to vote by mail in accordance with section
1513 
6(a)(1) using the mail voter registration application 
form prescribed by the Election Assistance Commis-
sion pursuant to section 9(a)(2); and 
‘‘(2) the individual meets the requirements of 
subsection (c) to provide a signature in electronic 
form (but only in the case of applications submitted 
during or after the second year in which this section 
is in effect in the State). 
‘‘(c) SIGNATURE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, an individual meets the requirements of this 
subsection as follows: 
‘‘(A) In the case of an individual who has 
a signature on file with a State agency, includ-
ing the State motor vehicle authority, that is 
required to provide voter registration services 
under this Act or any other law, the individual 
consents to the transfer of that electronic signa-
ture. 
‘‘(B) If subparagraph (A) does not apply, 
the individual submits with the application an 
electronic copy of the individual’s handwritten 
signature through electronic means. 
‘‘(C) If subparagraph (A) and subpara-
graph (B) do not apply, the individual executes
1515 
treatment of individuals unable to meet such re-
quirements, as described in paragraph (2). 
‘‘(d) CONFIRMATION AND DISPOSITION.— 
‘‘(1) CONFIRMATION OF RECEIPT.—Upon the 
online submission of a completed voter registration 
application by an individual under this section, the 
appropriate State or local election official shall send 
the individual a notice confirming the State’s receipt 
of the application and providing instructions on how 
the individual may check the status of the applica-
tion. 
‘‘(2) NOTICE OF DISPOSITION.—Not later than 
7 days after the appropriate State or local election 
official has approved or rejected an application sub-
mitted by an individual under this section, the offi-
cial shall send the individual a notice of the disposi-
tion of the application. 
‘‘(3) METHOD OF NOTIFICATION.—The appro-
priate State or local election official shall send the 
notices required under this subsection by regular 
mail and— 
‘‘(A) in the case of an individual who has 
provided the official with an electronic mail ad-
dress, by electronic mail; and
1516 
‘‘(B) at the option of an individual, by text 
message. 
‘‘(e) PROVISION
OF SERVICES
IN NONPARTISAN 
MANNER.—The services made available under subsection 
(a) shall be provided in a manner that ensures that, con-
sistent with section 7(a)(5)— 
‘‘(1) the online application does not seek to in-
fluence an applicant’s political preference or party 
registration; and 
‘‘(2) there is no display on the website pro-
moting any political preference or party allegiance, 
except that nothing in this paragraph may be con-
strued to prohibit an applicant from registering to 
vote as a member of a political party. 
‘‘(f) PROTECTION OF SECURITY OF INFORMATION.— 
In meeting the requirements of this section, the State shall 
establish appropriate technological security measures to 
prevent to the greatest extent practicable any unauthor-
ized access to information provided by individuals using 
the services made available under subsection (a). 
‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall en-
sure that the services made available under this section 
are made available to individuals with disabilities to the 
same extent as services are made available to all other in-
dividuals.
1517 
‘‘(h) USE OF ADDITIONAL TELEPHONE-BASED SYS-
TEM.—A State shall make the services made available on-
line under subsection (a) available through the use of an 
automated telephone-based system, subject to the same 
terms and conditions applicable under this section to the 
services made available online, in addition to making the 
services available online in accordance with the require-
ments of this section. 
‘‘(i) NONDISCRIMINATION AMONG REGISTERED VOT-
ERS USING MAIL AND ONLINE REGISTRATION.—In car-
rying out this Act, the Help America Vote Act of 2002, 
or any other Federal, State, or local law governing the 
treatment of registered voters in the State or the adminis-
tration of elections for public office in the State, a State 
shall treat a registered voter who registered to vote online 
in accordance with this section in the same manner as the 
State treats a registered voter who registered to vote by 
mail.’’. 
(2) SPECIAL REQUIREMENTS FOR INDIVIDUALS 
USING ONLINE REGISTRATION.— 
(A) TREATMENT
AS
INDIVIDUALS
REG-
ISTERING TO VOTE BY MAIL FOR PURPOSES OF 
FIRST-TIME VOTER IDENTIFICATION REQUIRE-
MENTS.—Section 303(b)(1)(A) of the Help 
America Vote Act of 2002 (52 U.S.C.
1518 
21083(b)(1)(A)) is amended by striking ‘‘by 
mail’’ and inserting ‘‘by mail or online under 
section 6A of the National Voter Registration 
Act of 1993’’. 
(B) REQUIRING
SIGNATURE
FOR
FIRST- 
TIME
VOTERS
IN
JURISDICTION.—Section 
303(b) of such Act (52 U.S.C. 21083(b)) is 
amended— 
(i) by redesignating paragraph (5) as 
paragraph (6); and 
(ii) by inserting after paragraph (4) 
the following new paragraph: 
‘‘(5) SIGNATURE
REQUIREMENTS
FOR
FIRST- 
TIME VOTERS USING ONLINE REGISTRATION.— 
‘‘(A) IN
GENERAL.—A State shall, in a 
uniform and nondiscriminatory manner, require 
an individual to meet the requirements of sub-
paragraph (B) if— 
‘‘(i) the individual registered to vote 
in the State online under section 6A of the 
National Voter Registration Act of 1993; 
and 
‘‘(ii) the individual has not previously 
voted in an election for Federal office in 
the State.
1519 
‘‘(B) 
REQUIREMENTS.—An 
individual 
meets the requirements of this subparagraph 
if— 
‘‘(i) in the case of an individual who 
votes in person, the individual provides the 
appropriate State or local election official 
with a handwritten signature; or 
‘‘(ii) in the case of an individual who 
votes by mail, the individual submits with 
the ballot a handwritten signature. 
‘‘(C) 
INAPPLICABILITY.—Subparagraph 
(A) does not apply in the case of an individual 
who is— 
‘‘(i) entitled to vote by absentee ballot 
under the Uniformed and Overseas Citi-
zens Absentee Voting Act (52 U.S.C. 
20302 et seq.); 
‘‘(ii) provided the right to vote other-
wise 
than 
in 
person 
under 
section 
3(b)(2)(B)(ii) of the Voting Accessibility 
for the Elderly and Handicapped Act (52 
U.S.C. 20102(b)(2)(B)(ii)); or 
‘‘(iii) entitled to vote otherwise than 
in person under any other Federal law.’’.
1521 
(B) INFORMING
APPLICANTS
OF
ELIGI-
BILITY REQUIREMENTS AND PENALTIES.—Sec-
tion 
8(a)(5) 
of 
such 
Act 
(52 
U.S.C. 
20507(a)(5)) is amended by striking ‘‘and 7’’ 
and inserting ‘‘6A, and 7’’. 
(b) USE OF INTERNET TO UPDATE REGISTRATION 
INFORMATION.— 
(1) UPDATES TO INFORMATION CONTAINED ON 
COMPUTERIZED
STATEWIDE
VOTER
REGISTRATION 
LIST.— 
(A) IN GENERAL.—Section 303(a) of the 
Help America Vote Act of 2002 (52 U.S.C. 
21083(a)) is amended by adding at the end the 
following new paragraph: 
‘‘(6) USE OF INTERNET BY REGISTERED VOT-
ERS TO UPDATE INFORMATION.— 
‘‘(A) IN GENERAL.—The appropriate State 
or local election official shall ensure that any 
registered voter on the computerized list may at 
any time update the voter’s registration infor-
mation, including the voter’s address and elec-
tronic mail address, online through the official 
public website of the election official responsible 
for the maintenance of the list, so long as the 
voter attests to the contents of the update by
1522 
providing a signature in electronic form in the 
same manner required under section 6A(c) of 
the National Voter Registration Act of 1993. 
‘‘(B) PROCESSING OF UPDATED INFORMA-
TION BY ELECTION OFFICIALS.—If a registered 
voter updates registration information under 
subparagraph (A), the appropriate State or 
local election official shall— 
‘‘(i) revise any information on the 
computerized list to reflect the update 
made by the voter; and 
‘‘(ii) if the updated registration infor-
mation affects the voter’s eligibility to vote 
in an election for Federal office, ensure 
that the information is processed with re-
spect to the election if the voter updates 
the information not later than the lesser of 
7 days, or the period provided by State 
law, before the date of the election. 
‘‘(C) CONFIRMATION AND DISPOSITION.— 
‘‘(i) CONFIRMATION
OF
RECEIPT.— 
Upon the online submission of updated 
registration information by an individual 
under this paragraph, the appropriate 
State or local election official shall send
1523 
the individual a notice confirming the 
State’s receipt of the updated information 
and providing instructions on how the indi-
vidual may check the status of the update. 
‘‘(ii) NOTICE
OF
DISPOSITION.—Not 
later than 7 days after the appropriate 
State or local election official has accepted 
or rejected updated information submitted 
by an individual under this paragraph, the 
official shall send the individual a notice of 
the disposition of the update. 
‘‘(iii) METHOD
OF
NOTIFICATION.— 
The appropriate State or local election offi-
cial shall send the notices required under 
this subparagraph by regular mail and— 
‘‘(I) in the case of an individual 
who has requested that the State pro-
vide voter registration and voting in-
formation through electronic mail, by 
electronic mail; and 
‘‘(II) at the option of an indi-
vidual, by text message.’’. 
(B) CONFORMING AMENDMENT RELATING 
TO EFFECTIVE DATE.—Section 303(d)(1)(A) of 
such Act (52 U.S.C. 21083(d)(1)(A)) is amend-
1524 
ed by striking ‘‘subparagraph (B),’’ and insert-
ing ‘‘subparagraph (B) and subsection (a)(6),’’. 
(2) ABILITY OF REGISTRANT TO USE ONLINE 
UPDATE
TO
PROVIDE
INFORMATION
ON
RESI-
DENCE.—Section 8(d)(2)(A) of the National Voter 
Registration 
Act 
of 
1993 
(52 
U.S.C. 
20507(d)(2)(A)) is amended— 
(A) in the first sentence, by inserting after 
‘‘return the card’’ the following: ‘‘or update the 
registrant’s information on the computerized 
Statewide voter registration list using the online 
method provided under section 303(a)(6) of the 
Help America Vote Act of 2002’’; and 
(B) in the second sentence, by striking 
‘‘returned,’’ and inserting the following: ‘‘re-
turned or if the registrant does not update the 
registrant’s information on the computerized 
Statewide voter registration list using such on-
line method,’’. 
(c) SAME DAY REGISTRATION.— 
(1) IN GENERAL.—Subtitle C of title III of the 
Help America Vote Act of 2002, as added by section 
160003(a) and as amended by sections 160004(a) 
and 160005(a), is further amended—
1525 
(A) by redesignating sections 327 and 328 
as sections 328 and 329; and 
(B) by inserting after section 326 the fol-
lowing new section: 
‘‘SEC. 327. SAME DAY REGISTRATION. 
‘‘(a) IN GENERAL.— 
‘‘(1) REGISTRATION.—Each State shall permit 
any eligible individual on the day of a Federal elec-
tion and on any day when voting, including early 
voting, is permitted for a Federal election— 
‘‘(A) to register to vote in such election at 
the polling place using a form that meets the 
requirements under section 9(b) of the National 
Voter Registration Act of 1993 (or, if the indi-
vidual is already registered to vote, to revise 
any of the individual’s voter registration infor-
mation); and 
‘‘(B) to cast a vote in such election. 
‘‘(2) EXCEPTION.—The requirements under 
paragraph (1) shall not apply to a State in which, 
under a State law in effect continuously on and after 
the date of the enactment of this section, there is no 
voter registration requirement for individuals in the 
State with respect to elections for Federal office.
1526 
‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 
section, the term ‘eligible individual’ means, with respect 
to any election for Federal office, an individual who is oth-
erwise qualified to vote in that election. 
‘‘(c) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of subsection (a) 
for the regularly scheduled general election for Federal of-
fice occurring in November 2020 and for any subsequent 
election for Federal office.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act, as added by section 160003 and 
as amended by sections 160004 and 160005, is fur-
ther amended— 
(A) by redesignating the items relating to 
sections 327 and 328 as relating to sections 
328 and 329; and 
(B) by inserting after the item relating to 
section 326 the following new item: 
‘‘Sec. 327. Same day registration.’’. 
(d) PROHIBITING STATE FROM REQUIRING APPLI-
CANTS TO PROVIDE MORE THAN LAST 4 DIGITS OF SO-
CIAL SECURITY NUMBER.— 
(1) FORM INCLUDED WITH APPLICATION FOR 
MOTOR
VEHICLE
DRIVER’S
LICENSE.—Section 
5(c)(2)(B)(ii) of the National Voter Registration Act 
of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended
1527 
by striking the semicolon at the end and inserting 
the following: ‘‘, and to the extent that the applica-
tion requires the applicant to provide a Social Secu-
rity number, may not require the applicant to pro-
vide more than the last 4 digits of such number;’’. 
(2) NATIONAL
MAIL
VOTER
REGISTRATION 
FORM.—Section 9(b)(1) of such Act (52 U.S.C. 
20508(b)(1)) is amended by striking the semicolon 
at the end and inserting the following: ‘‘, and to the 
extent that the form requires the applicant to pro-
vide a Social Security number, the form may not re-
quire the applicant to provide more than the last 4 
digits of such number;’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to the 
regularly scheduled general election for Federal of-
fice held in November 2020 and each succeeding 
election for Federal office. 
SEC. 160008. ACCOMMODATIONS FOR VOTERS RESIDING IN 
INDIAN LANDS. 
(a) ACCOMMODATIONS DESCRIBED.— 
(1) DESIGNATION OF BALLOT PICKUP AND COL-
LECTION LOCATIONS.—Given the widespread lack of 
residential mail delivery in Indian Country, an In-
dian Tribe may designate buildings as ballot pickup
1528 
and collection locations with respect to an election 
for Federal office at no cost to the Indian Tribe. An 
Indian Tribe may designate one building per pre-
cinct located within Indian lands. The applicable 
State or political subdivision shall collect ballots 
from those locations. The applicable State or polit-
ical subdivision shall provide the Indian Tribe with 
accurate precinct maps for all precincts located with-
in Indian lands 60 days before the election. 
(2) PROVISION
OF
MAIL-IN
AND
ABSENTEE 
BALLOTS.—The State or political subdivision shall 
provide mail-in and absentee ballots with respect to 
an election for Federal office to each individual who 
is registered to vote in the election who resides on 
Indian lands in the State or political subdivision in-
volved without requiring a residential address or a 
mail-in or absentee ballot request. 
(3) USE OF DESIGNATED BUILDING AS RESI-
DENTIAL AND MAILING ADDRESS.—The address of a 
designated building that is a ballot pickup and col-
lection location with respect to an election for Fed-
eral office may serve as the residential address and 
mailing address for voters living on Indian lands if 
the tribally designated building is in the same pre-
cinct as that voter. If there is no tribally designated
1529 
building within a voter’s precinct, the voter may use 
another tribally designated building within the In-
dian lands where the voter is located. Voters using 
a tribally designated building outside of the voter’s 
precinct may use the tribally designated building as 
a mailing address and may separately designate the 
voter’s appropriate precinct through a description of 
the 
voter’s 
address, 
as 
specified 
in 
section 
9428.4(a)(2) of title 11, Code of Federal Regula-
tions. 
(4) LANGUAGE ACCESSIBILITY.—In the case of 
a State or political subdivision that is a covered 
State or political subdivision under section 203 of 
the Voting Rights Act of 1965 (52 U.S.C. 10503), 
that State or political subdivision shall provide ab-
sentee or mail-in voting materials with respect to an 
election for Federal office in the language of the ap-
plicable minority group as well as in the English lan-
guage, bilingual election voting assistance, and writ-
ten translations of all voting materials in the lan-
guage of the applicable minority group, as required 
by section 203 of the Voting Rights Act of 1965 (52 
U.S.C. 10503), as amended by subsection (b). 
(5) CLARIFICATION.—Nothing in this section 
alters the ability of an individual voter residing on
1530 
Indian lands to request a ballot in a manner avail-
able to all other voters in the State. 
(6) DEFINITIONS.—In this section: 
(A) ELECTION
FOR
FEDERAL
OFFICE.— 
The term ‘‘election for Federal office’’ means a 
general, special, primary or runoff election for 
the office of President or Vice President, or of 
Senator or Representative in, or Delegate or 
Resident Commissioner to, the Congress. 
(B) INDIAN.—The term ‘‘Indian’’ has the 
meaning given the term in section 4 of the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304). 
(C) INDIAN
LANDS.—The term ‘‘Indian 
lands’’ includes— 
(i) any Indian country of an Indian 
Tribe, as defined under section 1151 of 
title 18, United States Code; 
(ii) any land in Alaska owned, pursu-
ant to the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.), by an 
Indian Tribe that is a Native village (as 
defined in section 3 of that Act (43 U.S.C. 
1602)) or by a Village Corporation that is 
associated with an Indian Tribe (as de-
1531 
fined in section 3 of that Act (43 U.S.C. 
1602)); 
(iii) any land on which the seat of the 
Tribal Government is located; and 
(iv) any land that is part or all of a 
Tribal designated statistical area associ-
ated with an Indian Tribe, or is part or all 
of an Alaska Native village statistical area 
associated with an Indian Tribe, as defined 
by the Census Bureau for the purposes of 
the most recent decennial census. 
(D) INDIAN
TRIBE.—The term ‘‘Indian 
Tribe’’ has the meaning given the term ‘‘Indian 
tribe’’ in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 
U.S.C. 5304). 
(E) TRIBAL
GOVERNMENT.—The term 
‘‘Tribal Government’’ means the recognized 
governing body of an Indian Tribe. 
(7) ENFORCEMENT.— 
(A) ATTORNEY GENERAL.—The Attorney 
General may bring a civil action in an appro-
priate district court for such declaratory or in-
junctive relief as is necessary to carry out this 
subsection.
1532 
(B) PRIVATE RIGHT OF ACTION.— 
(i) A person or Tribal Government 
who is aggrieved by a violation of this sub-
section may provide written notice of the 
violation to the chief election official of the 
State involved. 
(ii) An aggrieved person or Tribal 
Government may bring a civil action in an 
appropriate district court for declaratory 
or injunctive relief with respect to a viola-
tion of this subsection, if— 
(I) that person or Tribal Govern-
ment provides the notice described in 
clause (i); and 
(II)(aa) in the case of a violation 
that occurs more than 120 days be-
fore the date of an election for Fed-
eral office, the violation remains and 
90 days or more have passed since the 
date on which the chief election offi-
cial of the State receives the notice 
under clause (i); or 
(bb) in the case of a violation 
that occurs 120 days or less before 
the date of an election for Federal of-
1533 
fice, the violation remains and 20 
days or more have passed since the 
date on which the chief election offi-
cial of the State receives the notice 
under clause (i). 
(iii) In the case of a violation of this 
section that occurs 30 days or less before 
the date of an election for Federal office, 
an aggrieved person or Tribal Government 
may bring a civil action in an appropriate 
district court for declaratory or injunctive 
relief with respect to the violation without 
providing notice to the chief election offi-
cial of the State under clause (i). 
(b) BILINGUAL ELECTION REQUIREMENTS.—Section 
203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) 
is amended— 
(1) in subsection (b)(3)(C), by striking ‘‘1990’’ 
and inserting ‘‘2010’’; and 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN-
GUAGE OF A MINORITY GROUP.— 
‘‘(1) IN GENERAL.—Whenever any State or po-
litical subdivision subject to the prohibition of sub-
1534 
section (b) of this section provides any registration 
or voting notices, forms, instructions, assistance, or 
other materials or information relating to the elec-
toral process, including ballots, it shall provide them 
in the language of the applicable minority group as 
well as in the English language. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) In the case of a minority group that 
is not American Indian or Alaska Native and 
the language of that minority group is oral or 
unwritten, the State or political subdivision 
shall only be required to furnish, in the covered 
language, oral instructions, assistance, trans-
lation of voting materials, or other information 
relating to registration and voting. 
‘‘(B) In the case of a minority group that 
is American Indian or Alaska Native, the State 
or political subdivision shall only be required to 
furnish in the covered language oral instruc-
tions, assistance, or other information relating 
to registration and voting, including all voting 
materials, if the Tribal Government of that mi-
nority group has certified that the language of 
the applicable American Indian or Alaska Na-
tive language is presently unwritten or the
1535 
Tribal Government does not want written trans-
lations in the minority language. 
‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION 
WORKERS.—Notwithstanding paragraph (2), the 
State or political division may be required to provide 
written translations of voting materials, with the 
consent of any applicable Indian Tribe, to election 
workers to ensure that the translations from English 
to the language of a minority group are complete, 
accurate, and uniform.’’. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to the 
regularly scheduled general election for Federal office held 
in November 2020 and each succeeding election for Fed-
eral office. 
SEC. 160009. PAYMENTS BY ELECTION ASSISTANCE COM-
MISSION TO STATES TO ASSIST WITH COSTS 
OF COMPLIANCE. 
(a) AVAILABILITY OF GRANTS.—Subtitle D of title 
II of the Help America Vote Act of 2002 (52 U.S.C. 
21001 et seq.) is amended by adding at the end the fol-
lowing new part:
1536 
‘‘PART 7—PAYMENTS TO ASSIST WITH COSTS OF 
COMPLIANCE WITH ACCESS ACT 
‘‘SEC. 297. PAYMENTS TO ASSIST WITH COSTS OF COMPLI-
ANCE WITH ACCESS ACT. 
‘‘(a) AVAILABILITY AND USE OF PAYMENTS.— 
‘‘(1) IN
GENERAL.—The Commission shall 
make a payment to each eligible State to assist the 
State with the costs of complying with the American 
Coronavirus/COVID–19 Election Safety and Secu-
rity Act and the amendments made by such Act, in-
cluding the provisions of such Act and such amend-
ments which require States to pre-pay the postage 
on absentee ballots and balloting materials. 
‘‘(2) PUBLIC
EDUCATION
CAMPAIGNS.—For 
purposes of this part, the costs incurred by a State 
in carrying out a campaign to educate the public 
about 
the 
requirements 
of 
the 
American 
Coronavirus/COVID–19 Election Safety and Secu-
rity Act and the amendments made by such Act 
shall be included as the costs of complying with such 
Act and such amendments. 
‘‘(b) PRIMARY ELECTIONS.— 
‘‘(1) PAYMENTS
TO
STATES.—In addition to 
any payments under subsection (a), the Commission 
shall make a payment to each eligible State to assist 
the State with the costs incurred in voluntarily elect-
1537 
ing to comply with the American Coronavirus/ 
COVID–19 Election Safety and Security Act and 
the amendments made by such Act with respect to 
primary elections for Federal office held in the State 
in 2020. 
‘‘(2) STATE PARTY-RUN PRIMARIES.—In addi-
tion to any payments under paragraph (1), the Com-
mission shall make payments to each eligible polit-
ical party of the State for costs incurred by such 
parties to send absentee ballots and return envelopes 
with prepaid postage to eligible voters participating 
in such primaries during 2020. 
‘‘(c) PASS-THROUGH OF FUNDS TO LOCAL JURISDIC-
TIONS.— 
‘‘(1) IN GENERAL.—If a State receives a pay-
ment under this part for costs that include costs in-
curred by a local jurisdiction or Tribal government 
within the State, the State shall pass through to 
such local jurisdiction or Tribal government a por-
tion of such payment that is equal to the amount of 
the costs incurred by such local jurisdiction or Trib-
al government. 
‘‘(2) TRIBAL GOVERNMENT DEFINED.—In this 
subsection, the term ‘Tribal Government’ means the 
recognized governing body of an Indian tribe (as de-
1538 
fined in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304). 
‘‘(d) SCHEDULE OF PAYMENTS.—As soon as prac-
ticable after the date of the enactment of this part and 
not less frequently than once each calendar year there-
after, the Commission shall make payments under this 
part. 
‘‘(e) COVERAGE OF COMMONWEALTH OF NORTHERN 
MARIANA ISLANDS.—In this part, the term ‘State’ in-
cludes the Commonwealth of the Northern Mariana Is-
lands. 
‘‘(f) LIMITATION.—No funds may be provided to a 
State under this part for costs attributable to the elec-
tronic return of marked ballots by any voter. 
‘‘SEC. 297A. AMOUNT OF PAYMENT. 
‘‘(a) IN GENERAL.—Except as provided in section 
297C, the amount of a payment made to an eligible State 
for a year under this part shall be determined by the Com-
mission. 
‘‘(b) CONTINUING AVAILABILITY OF FUNDS AFTER 
APPROPRIATION.—A payment made to an eligible State 
or eligible unit of local government under this part shall 
be available without fiscal year limitation.
1539 
‘‘SEC. 297B. REQUIREMENTS FOR ELIGIBILITY. 
‘‘(a) APPLICATION.—Except as provided in section 
297C, each State that desires to receive a payment under 
this part for a fiscal year, and each political party of a 
State that desires to receive a payment under section 
297(b)(2), shall submit an application for the payment to 
the Commission at such time and in such manner and con-
taining such information as the Commission shall require. 
‘‘(b) CONTENTS OF APPLICATION.—Each application 
submitted under subsection (a) shall— 
‘‘(1) describe the activities for which assistance 
under this part is sought; and 
‘‘(2) provide such additional information and 
certifications as the Commission determines to be es-
sential to ensure compliance with the requirements 
of this part. 
‘‘SEC. 297C. SPECIAL RULES FOR PAYMENTS FOR ELEC-
TIONS SUBJECT TO EMERGENCY RULES. 
‘‘(a) SUBMISSION OF ESTIMATED COSTS.—If the spe-
cial rules in the case of an emergency period under section 
322(c)(3) apply to an election, not later than the applica-
ble deadline under subsection (c), the State shall submit 
to the Commission a request for a payment under this 
part, and shall include in the request the State’s estimate 
of the costs the State expects to incur in the administra-
1540 
tion of the election which are attributable to the applica-
tion of such special rules to the election. 
‘‘(b) PAYMENT.—Not later than 7 days after receiv-
ing a request from the State under subsection (a), the 
Commission shall make a payment to the State in an 
amount equal to the estimate provided by the State in the 
request. 
‘‘(c) APPLICABLE DEADLINE.—The applicable dead-
line under this paragraph with respect to an election is— 
‘‘(1) with respect to the regularly scheduled 
general election for Federal office held in November 
2020, 15 days after the date of the enactment of 
this part; and 
‘‘(2) with respect to any other election, 15 days 
after the emergency or disaster described in section 
322(c)(3) is declared. 
‘‘SEC. 297D. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated for pay-
ments under this part— 
‘‘(1) in the case of payments made under sec-
tion 297C, such sums as may be necessary for fiscal 
year 2020 and each succeeding fiscal year; and 
‘‘(2) in the case of any other payments, such 
sums as may be necessary for fiscal year 2020.
1541 
‘‘SEC. 297E. REPORTS. 
‘‘(a) REPORTS BY RECIPIENTS.—Not later than 6 
months after the end of each fiscal year for which an eligi-
ble State received a payment under this part, the State 
shall submit a report to the Commission on the activities 
conducted with the funds provided during the year. 
‘‘(b) REPORTS BY COMMISSION TO COMMITTEES.— 
With respect to each fiscal year for which the Commission 
makes payments under this part, the Commission shall 
submit a report on the activities carried out under this 
part to the Committee on House Administration of the 
House of Representatives and the Committee on Rules 
and Administration of the Senate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by adding at the end of the items 
relating to subtitle D of title II the following: 
‘‘PART 7—PAYMENTS TO ASSIST WITH COSTS OF COMPLIANCE WITH 
ACCESS ACT 
‘‘Sec. 297. Payments to assist with costs of compliance with Access Act. 
‘‘Sec. 297A. Amount of payment. 
‘‘Sec. 297B. Requirements for eligibility. 
‘‘Sec. 297C. Authorization of appropriations. 
‘‘Sec. 297D. Reports.’’. 
SEC. 160010. GRANTS TO STATES FOR CONDUCTING RISK- 
LIMITING AUDITS OF RESULTS OF ELEC-
TIONS. 
(a) AVAILABILITY OF GRANTS.—Subtitle D of title 
II of the Help America Vote Act of 2002 (52 U.S.C.
1542 
21001 et seq.), as amended by section 160009(a), is fur-
ther amended by adding at the end the following new part: 
‘‘PART 8—GRANTS FOR CONDUCTING RISK- 
LIMITING AUDITS OF RESULTS OF ELECTIONS 
‘‘SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AU-
DITS OF RESULTS OF ELECTIONS. 
‘‘(a) AVAILABILITY OF GRANTS.—The Commission 
shall make a grant to each eligible State to conduct risk- 
limiting audits as described in subsection (b) with respect 
to the regularly scheduled general elections for Federal of-
fice held in November 2020 and each succeeding election 
for Federal office. 
‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 
part, a ‘risk-limiting audit’ is a post-election process— 
‘‘(1) which is conducted in accordance with 
rules and procedures established by the chief State 
election official of the State which meet the require-
ments of subsection (c); and 
‘‘(2) under which, if the reported outcome of 
the election is incorrect, there is at least a predeter-
mined percentage chance that the audit will replace 
the incorrect outcome with the correct outcome as 
determined by a full, hand-to-eye tabulation of all 
votes validly cast in that election that ascertains
1543 
voter intent manually and directly from voter- 
verifiable paper records. 
‘‘(c) REQUIREMENTS
FOR
RULES
AND
PROCE-
DURES.—The rules and procedures established for con-
ducting a risk-limiting audit shall include the following 
elements: 
‘‘(1) Rules for ensuring the security of ballots 
and documenting that prescribed procedures were 
followed. 
‘‘(2) Rules and procedures for ensuring the ac-
curacy of ballot manifests produced by election agen-
cies. 
‘‘(3) Rules and procedures for governing the 
format of ballot manifests, cast vote records, and 
other data involved in the audit. 
‘‘(4) Methods to ensure that any cast vote 
records used in the audit are those used by the vot-
ing system to tally the election results sent to the 
chief State election official and made public. 
‘‘(5) Procedures for the random selection of 
ballots to be inspected manually during each audit. 
‘‘(6) Rules for the calculations and other meth-
ods to be used in the audit and to determine wheth-
er and when the audit of an election is complete.
1544 
‘‘(7) Procedures and requirements for testing 
any software used to conduct risk-limiting audits. 
‘‘(d) DEFINITIONS.—In this part, the following defi-
nitions apply: 
‘‘(1) The term ‘ballot manifest’ means a record 
maintained by each election agency that meets each 
of the following requirements: 
‘‘(A) The record is created without reliance 
on any part of the voting system used to tab-
ulate votes. 
‘‘(B) The record functions as a sampling 
frame for conducting a risk-limiting audit. 
‘‘(C) The record contains the following in-
formation with respect to the ballots cast and 
counted in the election: 
‘‘(i) The total number of ballots cast 
and counted by the agency (including 
undervotes, overvotes, and other invalid 
votes). 
‘‘(ii) The total number of ballots cast 
in each election administered by the agency 
(including undervotes, overvotes, and other 
invalid votes). 
‘‘(iii) A precise description of the 
manner in which the ballots are physically
1545 
stored, including the total number of phys-
ical groups of ballots, the numbering sys-
tem for each group, a unique label for each 
group, and the number of ballots in each 
such group. 
‘‘(2) The term ‘incorrect outcome’ means an 
outcome that differs from the outcome that would be 
determined by a full tabulation of all votes validly 
cast in the election, determining voter intent manu-
ally, directly from voter-verifiable paper records. 
‘‘(3) The term ‘outcome’ means the winner of 
an election, whether a candidate or a position. 
‘‘(4) The term ‘reported outcome’ means the 
outcome of an election which is determined accord-
ing to the canvass and which will become the official, 
certified outcome unless it is revised by an audit, re-
count, or other legal process. 
‘‘SEC. 298A. ELIGIBILITY OF STATES. 
‘‘A State is eligible to receive a grant under this part 
if the State submits to the Commission, at such time and 
in such form as the Commission may require, an applica-
tion containing— 
‘‘(1) a certification that, not later than 5 years 
after receiving the grant, the State will conduct risk-
1546 
limiting audits of the results of elections for Federal 
office held in the State as described in section 298; 
‘‘(2) a certification that, not later than one year 
after the date of the enactment of this section, the 
chief State election official of the State has estab-
lished or will establish the rules and procedures for 
conducting the audits which meet the requirements 
of section 298(c); 
‘‘(3) a certification that the audit shall be com-
pleted not later than the date on which the State 
certifies the results of the election; 
‘‘(4) a certification that, after completing the 
audit, the State shall publish a report on the results 
of the audit, together with such information as nec-
essary to confirm that the audit was conducted prop-
erly; 
‘‘(5) a certification that, if a risk-limiting audit 
conducted under this part leads to a full manual 
tally of an election, State law requires that the State 
or election agency shall use the results of the full 
manual tally as the official results of the election; 
and 
‘‘(6) such other information and assurances as 
the Commission may require.
1547 
‘‘SEC. 298B. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated for grants 
under this part $20,000,000 for fiscal year 2020, to re-
main available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by section 160009(b), is further 
amended by adding at the end of the items relating to 
subtitle D of title II the following: 
‘‘PART 8—GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS 
OF ELECTIONS 
‘‘Sec. 298. Grants for conducting risk-limiting audits of results of elec-
tions. 
‘‘Sec. 298A. Eligibility of States. 
‘‘Sec. 298B. Authorization of appropriations. 
(c) GAO ANALYSIS OF EFFECTS OF AUDITS.— 
(1) ANALYSIS.—Not later than 6 months after 
the first election for Federal office is held after 
grants are first awarded to States for conducting 
risk-limiting audits under part 8 of subtitle D of 
title II of the Help America Vote Act of 2002 (as 
added by subsection (a)) for conducting risk-limiting 
audits of elections for Federal office, the Comp-
troller General of the United States shall conduct an 
analysis of the extent to which such audits have im-
proved the administration of such elections and the 
security of election infrastructure in the States re-
ceiving such grants.
1548 
(2) REPORT.—The Comptroller General of the 
United States shall submit a report on the analysis 
conducted under subsection (a) to the appropriate 
congressional committees. 
SEC. 160011. ADDITIONAL APPROPRIATIONS FOR THE 
ELECTION ASSISTANCE COMMISSION. 
(a) IN GENERAL.—In addition to any funds other-
wise appropriated to the Election Assistance Commission 
for fiscal year 2020, there is authorized to be appropriated 
$3,000,000 for fiscal year 2020 in order for the Commis-
sion to provide additional assistance and resources to 
States for improving the administration of elections. 
(b) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated pursuant to the authorization under this sub-
section shall remain available without fiscal year limita-
tion. 
SEC. 160012. DEFINITION. 
(a) DEFINITION OF ELECTION FOR FEDERAL OF-
FICE .—Title IX of the Help America Vote Act of 2002 
(52 U.S.C. 21141 et seq.) is amended by adding at the 
end the following new section: 
‘‘SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED. 
‘‘For purposes of titles I through III, the term ‘elec-
tion for Federal office’ means a general, special, primary, 
or runoff election for the office of President or Vice Presi-
1549 
dent, or of Senator or Representative in, or Delegate or 
Resident Commissioner to, the Congress.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by adding at the end of the items 
relating to title IX the following new item: 
‘‘Sec. 907. Election for Federal office defined.’’. 
DIVISION Q—COVID–19 HEROES 
FUND 
SEC. 170001. SHORT TITLE. 
This Act may be cited as the ‘‘COVID–19 Heroes 
Fund Act of 2020’’. 
TITLE I—PROVISIONS RELATING 
TO STATE, LOCAL, TRIBAL, 
AND PRIVATE SECTOR WORK-
ERS 
SEC. 170101. DEFINITIONS. 
In this title: 
(1) COVID–19 PUBLIC HEALTH EMERGENCY.— 
The term ‘‘COVID–19 Public Health Emergency’’ 
means the public health emergency first declared on 
January 31, 2020, by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) with respect to 
COVID–19. 
(2) EMPLOYEE.—Except as provided in para-
graph (3)(C)(iii), the term ‘‘employee’’ means an in-
1550 
dividual (not employed by an entity excluded from 
the definition of the term ‘‘employer’’ for purposes 
of this title under paragraph (3)(B)) who is— 
(A) an employee, as defined in section 3(e) 
of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(e)), except that a reference in such 
section 3(e) to an employer shall be considered 
to be a reference to an employer described in 
clauses (i)(I) and (ii) of paragraph (3)(A); 
(B) a State employee described in section 
304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)); or 
(C) an employee of a Tribal employer. 
(3) EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘employer’’ 
means, except as provided in subparagraph (B), 
a person who is— 
(i)(I) a covered employer, as defined 
in subparagraph (C); 
(II) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
or 
(III) a Tribal employer; and
1551 
(ii) engaged in commerce (including 
government), or an industry or activity af-
fecting commerce (including government). 
(B) EXCLUSION OF EXECUTIVE, LEGISLA-
TIVE, AND JUDICIAL ENTITIES COVERED UNDER 
TITLE II.—The term ‘‘employer’’ does not in-
clude— 
(i) any agency, as defined in section 
170201(1), except, only as provided in sec-
tion 170102(g)(2), the VA Office of Geri-
atrics & Extended Care of the Veterans 
Health Administration; or 
(ii) the Postal Regulatory Commis-
sion. 
(C) COVERED EMPLOYER.— 
(i) IN
GENERAL.—In subparagraph 
(A)(i)(I), the term ‘‘covered employer’’— 
(I) means any person engaged in 
commerce (including government), or 
in any industry or activity affecting 
commerce 
(including 
government), 
who employs 1 or more employees; 
(II) includes— 
(aa) any person who acts di-
rectly or indirectly in the interest
1552 
of (within the meaning of section 
3(d) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(d)) 
an employer in relation to any of 
the employees of such employer; 
and 
(bb) any successor in inter-
est of an employer; 
(III) except as provided in sub-
paragraph (B), includes any public 
agency, as defined in section 3(x) of 
the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(x)); 
(IV) includes any person de-
scribed in subclause (I) who conducts 
business as a not-for-profit organiza-
tion; 
(V) includes— 
(aa) an entity or person that 
contracts directly with a State, 
locality, Tribal government, or 
the Federal Government, to pro-
vide care (which may include 
items and services) through em-
ployees of such entity or person
1553 
to individuals under the Medicare 
program under title XVIII of the 
Social Security Act (42 U.S.C. 
1395 et seq.), under a State 
Medicaid plan under title XIX of 
such Act (42 U.S.C. 1396 et 
seq.) or under a waiver of such 
plan, or under any other program 
established or administered by a 
State, locality, Tribal govern-
ment, or the Federal Govern-
ment; 
(bb) a subcontractor of an 
entity or person described in item 
(aa); 
(cc) an individual client (or 
a representative on behalf of an 
individual client), an entity, or a 
person, that employs an indi-
vidual to provide care (which may 
include items and services) to the 
individual client under a self-di-
rected 
service 
delivery 
model 
through a program established or 
administered by a State, locality,
1554 
Tribal government, or the Fed-
eral Government; or 
(dd) an individual client (or 
a representative on behalf of an 
individual client) that, on their 
own accord, employs an indi-
vidual to provide care (which may 
include items and services) to the 
individual client using the indi-
vidual client’s own finances; 
(VI) includes the United States 
Postal Service; 
(VII) includes a nonappropriated 
fund instrumentality under the juris-
diction of the Armed Forces; and 
(VIII) includes, only with respect 
to section 170102(g)(2), the VA Of-
fice of Geriatrics & Extended Care of 
the Veterans Health Administration. 
(ii) PUBLIC
AGENCY.—For purposes 
of this title, a public agency shall be con-
sidered to be a person engaged in com-
merce or in an industry or activity affect-
ing commerce.
1555 
(iii) DEFINITION OF EMPLOYEE.—For 
purposes of clause (i), the term ‘‘em-
ployee’’ has the meaning given such term 
in section 3(e), except such term does not 
include any individual employed by entity 
excluded from the definition of the term 
‘‘employer’’ for purposes of this title under 
subparagraph (B). 
(D) PREDECESSORS.—Any reference in 
this paragraph to an employer shall include a 
reference to any predecessor of such employer. 
(E) DEFINITION OF COMMERCE.—For pur-
poses of this paragraph, the terms ‘‘commerce’’ 
and ‘‘industry or activity affecting com-
merce’’— 
(i) mean any activity, business, or in-
dustry in commerce or in which a labor 
dispute would hinder or obstruct commerce 
or the free flow of commerce; 
(ii) include commerce and any indus-
try affecting commerce, as such terms are 
defined in paragraphs (1) and (3) of sec-
tion 501 of the Labor Management Rela-
tions Act, 1947 (29 U.S.C. 142(1) and 
(3)); and
1556 
(iii) include commerce, as defined in 
section 3(b) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(b)) and as de-
scribed in section 2(a) of such Act (29 
U.S.C. 202(a)). 
(4) EMPLOYER
PAYROLL
TAXES.—The term 
‘‘employer payroll taxes’’ means— 
(A) taxes imposed under sections 3111(b), 
3221(a) (but only to the extent attributable to 
the portion of such tax attributable to the tax 
imposed by section 3111(b)), 3221(b), and 
3301 of the Internal Revenue Code of 1986; 
and 
(B) taxes imposed by a State or local gov-
ernment on an employer with respect to 
amounts paid by such employer for work by em-
ployees. 
(5) ESSENTIAL
WORK.—The term ‘‘essential 
work’’ means any work that— 
(A) is performed during the period that be-
gins on January 27, 2020 and ends 60 days 
after the last day of the COVID–19 Public 
Health Emergency; 
(B) is not performed while teleworking 
from a residence;
1557 
(C) involves— 
(i) 
regular 
in-person 
interactions 
with— 
(I) patients; 
(II) the public; or 
(III) coworkers of the individual 
performing the work; or 
(ii) regular physical handling of items 
that were handled by, or are to be handled 
by— 
(I) patients; 
(II) the public; or 
(III) coworkers of the individual 
performing the work; and 
(D) is in any of the following areas: 
(i) First responder work, in the public 
sector or private sector, including services 
in response to emergencies that have the 
potential to cause death or serious bodily 
injury, such as police, fire, emergency med-
ical, protective, child maltreatment, domes-
tic violence, and correctional services (in-
cluding activities carried out by employees 
in fire protection activities, as defined in 
section 3(y) of the Fair Labor Standards
1558 
Act of 1938 (29 U.S.C. 203(y)) and activi-
ties of law enforcement officers, as defined 
in section 1204(6) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10284(6)). 
(ii) Health care work physically pro-
vided in inpatient settings (including hos-
pitals and other inpatient post-acute care 
settings such as nursing homes, inpatient 
rehabilitation facilities, and other related 
settings) and other work physically per-
formed in such inpatient settings that sup-
ports or is in furtherance of such health 
care work physically provided in inpatient 
settings. 
(iii) Health care work physically pro-
vided in outpatient settings (including at 
physician offices, community health cen-
ters, rural health clinics and other clinics, 
hospital 
outpatient 
departments, 
free-
standing emergency departments, ambula-
tory surgical centers, and other related set-
tings), and other work physically per-
formed in such inpatient settings that sup-
ports or is in furtherance of such health
1559 
care work physically provided in outpatient 
settings. 
(iv) Pharmacy work, physically per-
formed in pharmacies, drug stores, or 
other retail facilities specializing in medical 
goods and supplies. 
(v) Any work physically performed in 
a facility that performs medical testing and 
diagnostic services, including laboratory 
processing, medical testing services, or re-
lated activities. 
(vi) 
Home 
and 
community-based 
work, including home health care, residen-
tial care, assistance with activities of daily 
living, and any services provided by direct 
care workers (as defined in section 799B 
of the Public Health Service Act (42 
U.S.C. 295p)), personal care aides, job 
coaches, or supported employment pro-
viders, and any other provision of care to 
individuals in their homes by direct service 
providers, personal care attendants, and 
home health aides. 
(vii) Biomedical research regarding 
SARS–CoV–2 and COVID–19 that in-
1560 
volves the handling of hazardous materials 
such as COVID–19 samples. 
(viii) Behavioral health work requiring 
physical interaction with individuals, in-
cluding mental health services and sub-
stance use disorder prevention, treatment, 
and recovery services. 
(ix) Nursing care and residential care 
work physically provided in a facility. 
(x) Family care, including child care 
services, in-home child care services such 
as nanny services, and care services pro-
vided by family members to other family 
members. 
(xi) Social services work, including so-
cial work, case management, social and 
human services, child welfare, family serv-
ices, shelter and services for people who 
have experienced intimate partner violence 
or sexual assault, services for individuals 
who are homeless, child services, commu-
nity food and housing services, and other 
emergency social services. 
(xii) Public health work conducted at 
State, local, territorial, and Tribal govern-
1561 
ment public health agencies, including epi-
demiological activities, surveillance, contact 
tracing, data analysis, statistical research, 
health education, and other disease detec-
tion, prevention, and response methods. 
(xiii) Tribal vital services, as defined 
by the Commissioner of the Administration 
for Native Americans in consultation with 
Tribal governments and after conferring 
with urban Indian organizations. 
(xiv) Grocery work physically per-
formed at grocery stores, supermarkets, 
convenience stores, corner stores, drug 
stores, retail facilities specializing in med-
ical goods and supplies, bodegas, and other 
locations where individuals purchase non- 
prepared food items. 
(xv) Restaurant work, including carry- 
out, drive-thru, or food delivery work, re-
quiring physical interaction with individ-
uals or food products. 
(xvi) Food production work involving 
the physical interaction with food products, 
including all agricultural work, farming, 
fishing, forestry, ranching, processing, can-
1562 
ning, 
slaughtering, 
packaging, 
baking, 
butchering, and other food production 
work, such as any service or activity in-
cluded within the provisions of section 3(f) 
of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(f)), or section 3121(g) of 
the Internal Revenue Code of 1986, and 
the handling, planting, drying, packing, 
packaging, processing, freezing, or grading 
prior to delivery for storage of any agricul-
tural or horticultural commodity in its un-
manufactured state. 
(xvii) Transportation work, includ-
ing— 
(I) any services in public trans-
portation, 
as 
defined 
in 
section 
5302(14) of title 49, United States 
Code; 
(II) any private transportation of 
people, such as transportation pro-
vided by air, rail, bus, taxicab, per-
sonal car or truck, non-motorized ve-
hicle, or otherwise, including all serv-
ices performed by individuals working
1563 
in or on such vehicles, vehicle depots, 
or transit facilities; 
(III) any private transportation 
of goods in bulk, including transpor-
tation via heavy or light truck, rail, 
air, or otherwise; 
(IV) any public or private trans-
portation of mail or packages; 
(V) any private transportation of 
food or other goods to individuals, in-
cluding in a personal car or truck, 
non-motorized vehicle, or otherwise; 
(VI) any services in passenger 
rail transportation, including com-
muter rail, intercity passenger rail, or 
Amtrak, including services performed 
by employees of contractors of such 
entities; 
(VII) any services in the trans-
portation of persons, property, or mail 
by an aircraft of an air carrier con-
ducting operations under part 121 of 
title 14, Code of Federal Regulations 
(or successor regulations), or a for-
eign air carrier within, to, or from the
1564 
United States, either on board an air-
craft or on the ground at an airport, 
including services performed by em-
ployees of contractors of air carriers, 
or foreign air carriers, as described in 
section 4111(3) of the CARES Act 
(Public Law 116–136); 
(VIII) any services as an aircraft 
mechanic or technician who performs 
maintenance, repair, or overhaul work 
on an aircraft of an air carrier con-
ducting operations under such part 
121 or foreign air carrier within the 
United States; 
(IX) services as maritime work-
ers who qualify as seamen under sec-
tion 10101(3) of title 46, United 
States Code, and other maritime em-
ployees including— 
(aa) longshoremen, harbor 
workers and shipbuilders covered 
under 
section 
2(3) 
of 
the 
Longshore and Harbor Workers’ 
Compensation Act (33 U.S.C. 
902(3)) involved in the transpor-
1565 
tation of merchandise or pas-
sengers by water; and 
(bb) shipbuilders and ship 
repairers who are working for an 
employer performing shipbuilding 
or ship repair work under con-
tract or subcontract to the De-
partments of Defense, Energy or 
Homeland Security for military 
or other national security pur-
poses; and 
(X) services as maritime trans-
portation workers supporting or ena-
bling transportation functions, includ-
ing such services as— 
(aa) barge workers, tug op-
erators, and port and facility se-
curity personnel; 
(bb) marine dispatchers; and 
(cc) workers who repair and 
maintain marine vessels (includ-
ing the equipment and infra-
structure that enables operations 
that encompass movement of 
cargo and passengers).
1566 
(xviii) Work physically performed in a 
warehouse or other facility in warehousing 
(including all services performed by indi-
viduals picking, sorting, packing, and ship-
ping in warehouses), storage, distribution, 
or call center support facilities, and other 
essential operational support functions that 
are necessary to accept, store, and process 
goods, and that facilitate the goods’ trans-
portation and delivery. 
(xix) Cleaning work and building 
maintenance work physically performed on 
the grounds of a facility, including all cus-
todial or janitorial services, security serv-
ices, and repair and maintenance services. 
(xx) Work in the collection, removal, 
transport, storage, or disposal of residen-
tial, industrial, or commercial solid waste 
and recycling, including services provided 
by individuals who drive waste or recycling 
trucks, who pick up waste or recycling 
from residential or commercial locations, 
or who work at waste or recycling centers 
or landfills.
1567 
(xxi) Work in the gathering, proc-
essing, disseminating, and delivery of news 
and information that serves the public in-
terest to the public through mass media, 
including television, radio, and newspapers. 
(xxii) Any work performed by an em-
ployee of a State, locality, or Tribal gov-
ernment, that is determined to be essential 
work by the highest authority of such 
State, locality, or Tribal government. 
(xxiii) Educational work, school nutri-
tion work, and other work required to op-
erate a school facility, including early 
childhood programs, preschool programs, 
elementary and secondary education, and 
higher education. 
(xxiv) Laundry work, including work 
in laundromats, laundry service companies, 
and dry cleaners. 
(xxv) Elections work physically per-
formed at polling places or otherwise 
amongst the public, including public-sector 
elections personnel and private-sector elec-
tions personnel.
1568 
(xxvi) Hazardous materials manage-
ment, response, and cleanup work associ-
ated with any other essential work covered 
under this paragraph, including health 
care waste (including medical, pharma-
ceuticals, and medical material produc-
tion), and testing operations (including 
laboratories processing test kits). 
(xxvii) Disinfection work for all facili-
ties and modes of transportation involved 
in other essential work covered under this 
paragraph. 
(xxviii) Work in critical clinical re-
search, development, and testing necessary 
for COVID–19 response that involves 
physical interaction with hazardous mate-
rials, such as samples of COVID–19. 
(xxix) Work in mortuary, funeral, cre-
mation, burial, cemetery, and related serv-
ices. 
(xxx) Work requiring physical inter-
actions with patients in physical therapy, 
occupational therapy, speech-language pa-
thology, and respiratory therapy and other 
therapy services.
1569 
(xxxi) Dental care work requiring 
physical interaction with patients. 
(xxxii) Work performed by employees 
of the U.S. Postal Service. 
(xxxiii) Work at hotel and commercial 
lodging facilities that are used for COVID– 
19 mitigation and containment measures. 
(xxxiv) Work installing or repairing a 
telecommunications line or equipment. 
(6) ESSENTIAL WORKER.— 
(A) IN
GENERAL.—The term ‘‘essential 
worker’’ means an individual, whose work and 
duties include essential work, and who is— 
(i) an employee of an employer; or 
(ii) an individual performing any serv-
ices or labor for remuneration for an em-
ployer, regardless of whether the individual 
is classified as an independent contractor 
by the employer. 
(B) IMMIGRATION STATUS.—Such term in-
cludes an individual regardless of the individ-
ual’s immigration status. 
(7) ESSENTIAL WORK EMPLOYER.—The term 
‘‘essential work employer’’ means an employer who
1570 
employs, or provides remuneration for services or 
labor to, an essential worker. 
(8) FLSA TERMS.—The terms ‘‘employ’’, ‘‘per-
son’’, ‘‘regular rate’’, and ‘‘State’’ have the mean-
ings given the terms in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203). 
(9) HIGHLY-COMPENSATED ESSENTIAL WORK-
ER.—The term ‘‘highly-compensated essential work-
er’’ means an essential worker who is paid the equiv-
alent of $200,000 or more per year by an essential 
work employer. 
(10) LARGE
ESSENTIAL
WORK
EMPLOYER.— 
The term ‘‘large essential work employer’’ means an 
essential work employer who has more than 500 in-
dividuals who are employed by the employer or are 
otherwise providing services or labor for remunera-
tion for the employer. 
(11) SELF-DIRECTED
CARE
WORKER.—The 
term ‘‘self-directed care worker’’ means an indi-
vidual employed to provide care (which may include 
items and services) to an individual client— 
(A) under a self-directed service delivery 
model through a program established or admin-
istered by a State, locality, Tribal government, 
or the Federal Government; or
1571 
(B) on the individual client’s own accord 
and using the individual client’s own finances. 
(12) TRIBAL
EMPLOYER.—The term ‘‘Tribal 
employer’’ means— 
(A) any Tribal government, a subdivision 
of a Tribal government (determined in accord-
ance with section 7871(d) of the Internal Rev-
enue Code), or an agency or instrumentality of 
a Tribal government or subdivision thereof; 
(B) any Tribal organization (as the term 
‘‘tribal organization’’ is defined in section 4(l) 
of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304(l)); 
(C) any corporation if more than 50 per-
cent (determined by vote and value) of the out-
standing stock of such corporation is owned, di-
rectly or indirectly, by any entity described in 
subparagraph (A) or (B); or 
(D) any partnership if more than 50 per-
cent of the value of the capital and profits in-
terests of such partnership is owned, directly or 
indirectly, by any entity described in subpara-
graph (A) or (B). 
(13) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body
1572 
of any Indian or Alaska Native tribe, band, nation, 
pueblo, village, community, component band, or com-
ponent reservation individually identified (including 
parenthetically) in the list published most recently as 
of the date of enactment of this Act pursuant to sec-
tion 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5131). 
(14) WORK.—The term ‘‘work’’ means employ-
ment by, or engagement in providing labor or serv-
ices for, an employer. 
SEC. 170102. PANDEMIC PREMIUM PAY FOR ESSENTIAL 
WORKERS. 
(a) IN GENERAL.— Beginning 3 days after an essen-
tial work employer receives a grant under section 170104 
from the Secretary of the Treasury, the essential work em-
ployer shall— 
(1) be required to comply with subsections (b) 
through (h); and 
(2) be subject to the enforcement requirements 
of section 170105. 
(b) PANDEMIC PREMIUM PAY.— 
(1) IN GENERAL.—An essential work employer 
receiving a grant under section 170104 shall, in ac-
cordance with this subsection, provide each essential 
worker of the essential work employer with premium
1573 
pay at a rate equal to $13 for each hour of work 
performed by the essential worker for the employer 
from January 27, 2020, until the date that is 60 
days after the last day of the COVID–19 Public 
Health Emergency. 
(2) MAXIMUM AMOUNTS.—The total amount of 
all premium pay under this subsection that an essen-
tial work employer is required to provide to an es-
sential worker, including through any retroactive 
payment under paragraph (3), shall not exceed— 
(A) for an essential worker who is not a 
highly-compensated essential worker, $10,000 
reduced by employer payroll taxes with respect 
to such premium pay; or 
(B) for a highly-compensated essential 
worker, $5,000 reduced by employer payroll 
taxes with respect to such premium pay. 
(3) RETROACTIVE
PAYMENT.—For all work 
performed by an essential worker during the period 
from January 27, 2020, through the date on which 
the essential work employer of the worker receives a 
grant under this title, the essential work employer 
shall use a portion of the amount of such grant to 
provide such worker with premium pay under this 
subsection for such work at the rate provided under
1574 
paragraph (1). Such amount shall be provided to the 
essential worker as a lump sum in the next paycheck 
(or other payment form) that immediately follows 
the receipt of the grant by the essential work em-
ployer. In any case where it is impossible for the em-
ployer to arrange for payment of the amount due in 
such paycheck (or other payment form), such 
amounts shall be paid as soon as practicable, but in 
no event later than the second paycheck (or other 
payment form) following the receipt of the grant by 
the essential work employer. 
(4) NO EMPLOYER DISCRETION.—An essential 
work employer receiving a grant under section 
170104 shall not have any discretion to determine 
which portions of work performed by an essential 
worker qualify for premium pay under this sub-
section, but shall pay such premium pay for any in-
crement of time worked by the essential worker for 
the essential work employer up to the maximum 
amount applicable to the essential worker under 
paragraph (2). 
(c) PROHIBITION ON REDUCING COMPENSATION AND 
DISPLACEMENT.— 
(1) IN GENERAL.—Any payments made to an 
essential worker as premium pay under subsection
1575 
(b) shall be in addition to all other compensation, in-
cluding all wages, remuneration, or other pay and 
benefits, that the essential worker otherwise receives 
from the essential work employer. 
(2) REDUCTION OF COMPENSATION.—An essen-
tial work employer receiving a grant under section 
170104 shall not, during the period beginning on the 
date of enactment of this Act and ending on the 
date that is 60 days after the last day of the 
COVID–19 Public Health Emergency, reduce or in 
any other way diminish, any other compensation, in-
cluding the wages, remuneration, or other pay or 
benefits, that the essential work employer provided 
to the essential worker on the day before the date 
of enactment of this Act. 
(3) DISPLACEMENT.—An essential work em-
ployer shall not take any action to displace an essen-
tial worker (including partial displacement such as a 
reduction in hours, wages, or employment benefits) 
for purposes of hiring an individual for an equivalent 
position at a rate of compensation that is less than 
is required to be provided to an essential worker 
under paragraph (2). 
(d) DEMARCATION FROM OTHER COMPENSATION.— 
The amount of any premium pay paid under subsection
1576 
(b) shall be clearly demarcated as a separate line item in 
each paystub or other document provided to an essential 
worker that details the remuneration the essential worker 
received from the essential work employer for a particular 
period of time. If any essential worker does not otherwise 
regularly receive any such paystub or other document from 
the employer, the essential work employer shall provide 
such paystub or other document to the essential worker 
for the duration of the period in which the essential work 
employer provides premium pay under subsection (b). 
(e) EXCLUSION
FROM
WAGE-BASED
CALCULA-
TIONS.—Any premium pay under subsection (b) paid to 
an essential worker under this section by an essential work 
employer receiving a grant under section 170104 shall be 
excluded from the amount of remuneration for work paid 
to the essential worker for purposes of— 
(1) calculating the essential worker’s eligibility 
for any wage-based benefits offered by the essential 
work employer; 
(2) computing the regular rate at which such 
essential worker is employed under section 7 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 207); 
and
1577 
(3) determining whether such essential worker 
is exempt from application of such section 7 under 
section 13(a)(1) of such Act (29 U.S.C. 213(a)(1)). 
(f) ESSENTIAL WORKER DEATH.— 
(1) IN GENERAL.—In any case in which an es-
sential worker of an essential work employer receiv-
ing a grant under section 170104 exhibits symptoms 
of COVID–19 and dies, the essential work employer 
shall pay as a lump sum to the next of kin of the 
essential worker for premium pay under subsection 
(b)— 
(A) for an essential worker who is not a 
highly-compensated 
essential 
worker, 
the 
amount determined under subsection (b)(2)(A) 
minus the total amount of any premium pay the 
worker received under subsection (b) prior to 
the death; or 
(B) for a highly-compensated essential 
worker, the amount determined under sub-
section (b)(2)(B) minus the amount of any pre-
mium pay the worker received under subsection 
(b) prior to the death. 
(2) TREATMENT OF LUMP SUM PAYMENTS.— 
(A) TREATMENT AS PREMIUM PAY.—For 
purposes of this title, any payment made under
1578 
this subsection shall be treated as a premium 
pay under subsection (b). 
(B) TREATMENT
FOR
PURPOSES
OF
IN-
TERNAL
REVENUE
CODE
OF
1986.—For pur-
poses of the Internal Revenue Code of 1986, 
any payment made under this subsection shall 
be treated as a payment for work performed by 
the essential worker. 
(g) APPLICATION TO SELF-DIRECTED CARE WORK-
ERS FUNDED THROUGH MEDICAID OR THE VETERAN-DI-
RECTED CARE PROGRAM.— 
(1) MEDICAID.—In the case of an essential 
work employer receiving a grant under section 
170104 that is a covered employer described in sec-
tion 170101(3)(C)(i)(V) who, under a State Med-
icaid plan under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.) or under a waiver of such 
plan, has opted to receive items or services using a 
self-directed service delivery model, the preceding re-
quirements of this section, including the require-
ments to provide premium pay under subsection (b) 
(including a lump sum payment in the event of an 
essential worker death under subsection (f)) and the 
requirements of sections 170104 and 170105, shall 
apply to the State Medicaid agency responsible for
1579 
the administration of such plan or waiver with re-
spect to self-directed care workers employed by that 
employer. In administering payments made under 
this title to such self-directed care workers on behalf 
of such employers, a State Medicaid agency shall— 
(A) exclude and disregard any payments 
made under this title to such self-directed work-
ers from the individualized budget that applies 
to the items or services furnished to the indi-
vidual client employer under the State Medicaid 
plan or waiver; 
(B) to the extent practicable, administer 
and provide payments under this title directly 
to such self-directed workers through arrange-
ments with entities that provide financial man-
agement services in connection with the self-di-
rected service delivery models used under the 
State Medicaid plan or waiver; and 
(C) ensure that individual client employers 
of such self-directed workers are provided notice 
of, and comply with, the prohibition under sec-
tion 170105(b)(1)(B). 
(2) VETERAN-DIRECTED
CARE
PROGRAM.—In 
the case of an essential work employer that is a cov-
ered 
employer 
described 
in 
section
1580 
170101(3)(C)(i)(V) who is a veteran participating in 
the Veteran Directed Care program administered by 
the VA Office of Geriatrics & Extended Care of the 
Veterans Health Administration, the preceding re-
quirements of this section and sections 170104 and 
170105, shall apply to such VA Office of Geriatrics 
& Extended Care with respect to self-directed care 
workers employed by that employer. Paragraph (1) 
of this subsection shall apply to the administration 
by the VA Office of Geriatrics & Extended Care of 
payments made under this title to such self-directed 
care workers on behalf of such employers in the 
same manner as such requirements apply to State 
Medicaid agencies. 
(3) PENALTY
ENFORCEMENT.—The Secretary 
of Labor shall consult with the Secretary of Health 
and Human Services and the Secretary of Veterans 
Affairs regarding the enforcement of penalties im-
posed under section 170105(b)(2) with respect to 
violations of subparagraph (A) or (B) of section 
170105(b)(1) that involve self-directed workers for 
which the requirements of this section and sections 
170104 and 170105 are applied to a State Medicaid 
agency under paragraph (1) or the VA Office of 
Geriatrics & Extended Care under paragraph (2).
1581 
(h) INTERACTION WITH STAFFORD ACT.—Nothing 
in this section shall nullify, supersede, or otherwise change 
a State’s ability to seek reimbursement under section 403 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170b) for the costs of pre-
mium pay based on pre-disaster labor policies for eligible 
employees. 
(i) CALCULATION OF PAID LEAVE UNDER FFCRA 
AND FMLA.— 
(1) FAMILIES FIRST CORONAVIRUS RESPONSE 
ACT.—Section 5110(5)(B) of the Families First 
Coronavirus Response Act (29 U.S.C. 2601 note) is 
amended by adding at the end the following: 
‘‘(iii) PANDEMIC
PREMIUM
PAY.— 
Compensation received by an employee 
under section 170102(b) of the COVID–19 
Heroes Fund Act of 2020 shall be included 
as remuneration for employment paid to 
the employee for purposes of computing 
the regular rate at which such employee is 
employed.’’. 
(2) FAMILY
AND
MEDICAL
LEAVE
ACT
OF 
1993.—Section 110(b)(2)(B) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2620(b)(2)(B)) is 
amended by adding at the end the following:
1582 
‘‘(iii) PANDEMIC
PREMIUM
PAY.— 
Compensation received by an employee 
under section 170102(b) of the COVID–19 
Heroes Fund Act of 2020 shall be included 
as remuneration for employment paid to 
the employee for purposes of computing 
the regular rate at which such employee is 
employed.’’. 
SEC. 170103. COVID–19 HEROES FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘COVID–19 Heroes Fund’’ (referred to in this section as 
the ‘‘Fund’’), consisting of amounts appropriated to the 
fund under section 170107. 
(b) FUND ADMINISTRATION.—The Fund shall be ad-
ministered by the Secretary of the Treasury. 
(c) USE OF FUNDS.—Amounts in the Fund shall be 
available to the Secretary of the Treasury for carrying out 
section 170104. 
SEC. 170104. COVID–19 HEROES FUND GRANTS. 
(a) GRANTS.— 
(1) FOR PANDEMIC PREMIUM PAY.—The Sec-
retary of the Treasury shall, subject to the avail-
ability of amounts provided in this title, award a 
grant to each essential work employer that applies
1583 
for a grant, in accordance with this section, for the 
purpose of providing premium pay to essential work-
ers under section 170102(b), including amounts paid 
under section 170102(f). 
(2) ELIGIBILITY.— 
(A) ELIGIBLE EMPLOYERS GENERALLY.— 
Any essential work employer shall be eligible for 
a grant under paragraph (1). 
(B) SELF-DIRECTED CARE WORKERS.—A 
self-directed care worker employed by an essen-
tial work employer other than an essential work 
employer described in section 170102(g), shall 
be eligible to apply for a grant under paragraph 
(1) in the same manner as an essential work 
employer. Such a worker shall provide premium 
pay to himself or herself in accordance with this 
section, including the recordkeeping and refund 
requirements of this section. 
(b) AMOUNT OF GRANTS.— 
(1) IN GENERAL.—The maximum amount avail-
able for making a grant under subsection (a)(1) to 
an essential work employer shall be equal to the sum 
of— 
(A) the amount obtained by multiplying 
$10,000 by the number of essential workers the
1584 
employer certifies, in the application submitted 
under subsection (c)(1), as employing, or pro-
viding remuneration to for services or labor, 
who are paid wages or remuneration by the em-
ployer at a rate that is less than the equivalent 
of $200,000 per year; and 
(B) the amount obtained by multiplying 
$5,000 by the number of highly-compensated 
essential workers the employer certifies, in the 
application submitted under subsection (c)(1), 
as employing, or providing remuneration to for 
services or labor, who are paid wages or remu-
neration by the employer at a rate that is equal 
to or greater than the equivalent of $200,000 
per year. 
(2) NO
PARTIAL
GRANTS.—The Secretary of 
the Treasury shall not award a grant under this sec-
tion in an amount less than the maximum described 
in paragraph (1). 
(c) GRANT APPLICATION AND DISBURSAL.— 
(1) APPLICATION.—Any essential work em-
ployer seeking a grant under subsection (a)(1) shall 
submit an application to the Secretary of the Treas-
ury at such time, in such manner, and complete with 
such information as the Secretary may require.
1585 
(2) NOTICE AND CERTIFICATION.— 
(A) IN GENERAL.—The Secretary of the 
Treasury shall, within 15 days after receiving a 
complete application from an essential work em-
ployer eligible for a grant under this section— 
(i) notify the employer of the Sec-
retary’s findings with respect to the re-
quirements for the grant; and 
(ii)(I) if the Secretary finds that the 
essential work employer meets the require-
ments under this section for a grant under 
subsection (a), provide a certification to 
the employer— 
(aa) that the employer has met 
such requirements; 
(bb) of the amount of the grant 
payment that the Secretary has deter-
mined the employer shall receive 
based on the requirements under this 
section; or 
(II) if the Secretary finds that the es-
sential work employer does not meet the 
requirements under this section for a grant 
under subsection (a), provide a notice of 
denial stating the reasons for the denial
1586 
and provide an opportunity for administra-
tive review by not later than 10 days after 
the denial. 
(B) TRANSFER.—Not later than 7 days 
after making a certification under subpara-
graph (A)(ii) with respect to an essential work 
employer, the Secretary of the Treasury shall 
make the appropriate transfer to the employer 
of the amount of the grant. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—An essential work employer 
receiving a grant under this section shall use the 
amount of the grant solely for the following pur-
poses: 
(A) Providing premium pay under section 
170102(b) to essential workers in accordance 
with the requirements for such payments under 
such section, including providing payments de-
scribed in section 170102(f) to the next of kin 
of essential workers in accordance with the re-
quirements for such payments under such sec-
tion. 
(B) Paying employer payroll taxes with re-
spect to premium pay amounts described in
1587 
subparagraph (A), including such payments de-
scribed in section 170102(f). 
Each dollar of a grant received by an essential work 
employer under this title shall be used as provided 
in subparagraph (A) or (B) or returned to the Sec-
retary of the Treasury. 
(2) NO OTHER USES AUTHORIZED.—An essen-
tial work employer who uses any amount of a grant 
for a purpose not required under paragraph (1) shall 
be— 
(A) considered to have misused funds in 
violation of section 170102; and 
(B) subject to the enforcement and rem-
edies provided under section 170105. 
(3) REFUND.— 
(A) IN
GENERAL.—If an essential work 
employer receives a grant under this section 
and, for any reason, does not provide every dol-
lar of such grant to essential workers in accord-
ance with the requirements of this title, then 
the employer shall refund any such dollars to 
the Secretary of the Treasury not later than 
June 30, 2021. Any amounts returned to the 
Secretary shall be deposited into the Fund and
1588 
be available for any additional grants under this 
section. 
(B) REQUIREMENT
FOR
NOT
REDUCING 
COMPENSATION.—An essential work employer 
who is required to refund any amount under 
this paragraph shall not reduce or otherwise di-
minish an eligible worker’s compensation or 
benefits in response to or otherwise due to such 
refund. 
(e) RECORDKEEPING.—An essential work employer 
that receives a grant under this section shall— 
(1) maintain records, including payroll records, 
demonstrating how each dollar of funds received 
through the grant were provided to essential work-
ers; and 
(2) provide such records to the Secretary of the 
Treasury or the Secretary of Labor upon the request 
of either such Secretary. 
(f) RECOUPMENT.—In addition to all other enforce-
ment and remedies available under this title or any other 
law, the Secretary of the Treasury shall establish a process 
under which the Secretary shall recoup the amount of any 
grant awarded under subsection (a)(1) if the Secretary de-
termines that the essential work employer receiving the 
grant—
1589 
(1) did not provide all of the dollars of such 
grant to the essential workers of the employer; 
(2) did not, in fact, have the number of essen-
tial workers certified by the employer in accordance 
with subparagraphs (A) and (B) of subsection 
(b)(1); 
(3) did not pay the essential workers for the 
number of hours the employer claimed to have paid; 
or 
(4) otherwise misused funds or violated this 
title. 
(g) SPECIAL RULE FOR CERTAIN EMPLOYEES OF 
TRIBAL EMPLOYERS.—Essential workers of Tribal em-
ployers who receive funds under title II shall not be eligi-
ble to receive funds from grants under this section. 
(h) TAX TREATMENT.— 
(1) EXCLUSION FROM INCOME.—For purposes 
of the Internal Revenue Code of 1986, any grant re-
ceived by an essential work employer under this sec-
tion shall not be included in the gross income of 
such essential work employer. 
(2) DENIAL OF DOUBLE BENEFIT.— 
(A) IN GENERAL.—In the case of an essen-
tial work employer that receives a grant under 
this section—
1590 
(i) amounts paid under subsections 
(b) or (f) of section 170102 shall not be 
taken into account as wages for purposes 
of sections 41, 45A, 51, or 1396 of the In-
ternal Revenue Code of 1986 or section 
2301 of the CARES Act (Public Law 116– 
136); and 
(ii) any deduction otherwise allowable 
under such Code for applicable payments 
during any taxable year shall be reduced 
(but not below zero) by the excess (if any) 
of— 
(I) the aggregate amounts of 
grants received under this section; 
over 
(II) the sum of any amount re-
funded under subsection (d) plus the 
aggregate amount of applicable pay-
ments made for all preceding taxable 
years. 
(B) APPLICABLE
PAYMENTS.—For pur-
poses of this paragraph, the term ‘‘applicable 
payments’’ means amounts paid as premium 
pay under subsections (b) or (f) of section
1591 
170102 and amounts paid for employer payroll 
taxes with respect to such amounts. 
(C) AGGREGATION
RULE.—Rules similar 
to the rules of subsections (a) and (b) of section 
52 of the Internal Revenue Code of 1986 shall 
apply for purposes of this section. 
(3) INFORMATION REPORTING.—The Secretary 
of the Treasury shall submit to the Commissioner of 
Internal Revenue statements containing— 
(A) the name and tax identification num-
ber of each essential work employer receiving a 
grant under this section; 
(B) the amount of such grant; and 
(C) any amounts refunded under section 
(d)(3). 
(i) REPORTS.— 
(1) IN GENERAL.—Not later than 30 days after 
obligating the last dollar of the funds appropriated 
under this title, the Secretary of the Treasury shall 
submit a report, to the Committees of Congress de-
scribed in paragraph (2), that— 
(A) certifies that all funds appropriated 
under this title have been obligated; and
1592 
(B) indicates the number of pending appli-
cations for grants under this section that will 
be rejected due to the lack of funds. 
(2) COMMITTEES OF CONGRESS.—The Commit-
tees of Congress described in this paragraph are— 
(A) the Committee on Ways and Means of 
the House of Representatives; 
(B) the Committee on Education and 
Labor of the House of Representatives; 
(C) the Committee on Finance of the Sen-
ate; and 
(D) the Committee on Health, Education, 
Labor, and Pensions of the Senate. 
SEC. 170105. ENFORCEMENT AND OUTREACH. 
(a) DUTIES OF SECRETARY OF LABOR.—The Sec-
retary of Labor shall— 
(1) have authority to enforce the requirements 
of section 170102, in accordance with subsections 
(b) through (e); 
(2) conduct outreach as described in subsection 
(f); and 
(3) coordinate with the Secretary of the Treas-
ury as needed to carry out the Secretary of Labor’s 
responsibilities under this section.
1593 
(b) PROHIBITED ACTS, PENALTIES, AND ENFORCE-
MENT.— 
(1) PROHIBITED ACTS.—It shall be unlawful for 
a person to— 
(A) violate any provision of section 170102 
applicable to such person; or 
(B) discharge or in any other manner dis-
criminate against any essential worker because 
such essential worker has filed any complaint or 
instituted or caused to be instituted any pro-
ceeding under or related to this title, or has tes-
tified or is about to testify in any such pro-
ceeding. 
(2) ENFORCEMENT AND PENALTIES.— 
(A) PREMIUM PAY VIOLATIONS.—A viola-
tion described in paragraph (1)(A) shall be 
deemed a violation of section 7 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 207) 
and unpaid amounts required under this section 
shall be treated as unpaid overtime compensa-
tion under such section 7 for the purposes of 
sections 15 and 16 of such Act (29 U.S.C. 215 
and 216). 
(B) DISCHARGE
OR
DISCRIMINATION.—A 
violation of paragraph (1)(B) shall be deemed a
1594 
violation of section 15(a)(3) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 215(a)(3)). 
(c) INVESTIGATION.— 
(1) IN GENERAL.—To ensure compliance with 
the provisions of section 170102, including any regu-
lation or order issued under that section, the Sec-
retary of Labor shall have the investigative authority 
provided under section 11(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(a)). For the 
purposes of any investigation provided for in this 
subsection, the Secretary of Labor shall have the 
subpoena authority provided for under section 9 of 
such Act (29 U.S.C. 209). 
(2) STATE AGENCIES.—The Secretary of Labor 
may, for the purpose of carrying out the functions 
and duties under this section, utilize the services of 
State and local agencies in accordance with section 
11(b) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(b)). 
(d) ESSENTIAL WORKER ENFORCEMENT.— 
(1) RIGHT OF ACTION.—An action alleging a 
violation of paragraph (1) or (2) of subsection (b) 
may be maintained against an essential work em-
ployer receiving a grant under section 170104 in any 
Federal or State court of competent jurisdiction by
1595 
one or more essential workers or their representative 
for and on behalf of the essential workers, or the es-
sential workers and others similarly situated, in the 
same manner, and subject to the same remedies (in-
cluding attorney’s fees and costs of the action), as 
an action brought by an employee alleging a viola-
tion of section 7 or 15(a)(3), respectively, of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 207, 
215(a)(3)). 
(2) NO WAIVER.—In an action alleging a viola-
tion of paragraph (1) or (2) of subsection (b) 
brought by one or more essential workers or their 
representative for and on behalf of the persons as 
described in paragraph (1), to enforce the rights in 
section 170102, no court of competent jurisdiction 
may grant the motion of an essential work employer 
receiving a grant under section 170104 to compel 
arbitration, under chapter 1 of title 9, United States 
Code, or any analogous State arbitration statute, of 
the claims involved. An essential worker’s right to 
bring an action described in paragraph (1) or sub-
section (b)(2)(A) on behalf of similarly situated es-
sential workers to enforce such rights may not be 
subject to any private agreement that purports to
1596 
require the essential workers to pursue claims on an 
individual basis. 
(e) RECORDKEEPING.—An essential work employer 
receiving a grant under section 170104 shall make, keep, 
and preserve records pertaining to compliance with section 
170102 in accordance with section 11(c) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(c)) and in accord-
ance with regulations prescribed by the Secretary of 
Labor. 
(f) OUTREACH AND EDUCATION.—Out of amounts 
appropriated to the Secretary of the Treasury under sec-
tion 170107 for a fiscal year, the Secretary of the Treas-
ury shall transfer to the Secretary of Labor, $3,000,000, 
of which the Secretary of Labor shall use— 
(1) $2,500,000 for outreach to essential work 
employers and essential workers regarding the pre-
mium pay under section 170102; and 
(2) $500,000 to implement an advertising cam-
paign encouraging large essential work employers to 
provide the same premium pay provided for by sec-
tion 170102 using the large essential work employ-
ers’ own funds and without utilizing grants under 
this title. 
(g) CLARIFICATION
OF ENFORCING OFFICIAL.— 
Nothing in the Government Employee Rights Act of 1991
1597 
(42 U.S.C. 2000e–16a et seq.) or section 3(e)(2)(C) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(2)(C)) shall be construed to prevent the Secretary 
of Labor from carrying out the authority of the Secretary 
under this section in the case of State employees described 
in section 304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)). 
SEC. 170106. FUNDING FOR THE DEPARTMENT OF THE 
TREASURY OFFICE OF INSPECTOR GENERAL. 
There is appropriated, out of money in the Treasury 
not otherwise appropriated, to the Office of the Inspector 
General of the Department of the Treasury, $1,000,000 
to carry out audits, investigations, and other oversight ac-
tivities authorized under the Inspector General Act of 
1978 (5 U.S.C. App.) that are related to the provisions 
of, and amendments made by, this title, to remain avail-
able until December 31, 2022. 
SEC. 170107. AUTHORIZATION AND APPROPRIATIONS. 
There is authorized to be appropriated, and there is 
hereby appropriated, $180,000,000,000 to carry out this 
title, to remain available until expended.
1598 
TITLE 
II—PROVISIONS 
RELAT-
ING TO FEDERAL EMPLOYEES 
AND COVID–19 
SEC. 170201. DEFINITIONS. 
In this title— 
(1) the term ‘‘agency’’— 
(A) means— 
(i) each agency, office, or other estab-
lishment in the executive, legislative, or ju-
dicial branch of the Federal Government, 
including— 
(I) an Executive agency, as that 
term is defined in section 105 of title 
5, United States Code; 
(II) a military department, as 
that term is defined in section 102 of 
title 5, United States Code; 
(III) the Federal Aviation Ad-
ministration; 
(IV) the Transportation Security 
Administration; 
(V) the Department of Veterans 
Affairs; and 
(VI) the Government Account-
ability Office;
1599 
(ii) the District of Columbia courts 
and the District of Columbia Public De-
fender Service; and 
(iii)(I) an Indian tribe or tribal orga-
nization carrying out a contract or com-
pact under the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
5301 et seq.); 
(II) an Indian tribe or tribal organiza-
tion that receives a grant under the Trib-
ally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.); and 
(III) an urban Indian organization 
that receives a grant or carries out a con-
tract under title V of the Indian Health 
Care Improvement Act (25 U.S.C. 1651 et 
seq.); and 
(B) does not include— 
(i) the United States Postal Service or 
the Postal Regulatory Commission; or 
(ii) a nonappropriated fund instru-
mentality under the jurisdiction of the 
Armed Forces; 
(2) the term ‘‘covered duty’’— 
(A) means duty that requires—
1600 
(i) an employee to have regular or 
routine contact with the public; or 
(ii) the reporting of an employee to a 
worksite at which— 
(I) social distancing is not pos-
sible, consistent with the regularly as-
signed duties of the position of the 
employee; and 
(II) other preventative measures 
with respect to COVID–19 are not 
available; and 
(B) does not include duty that an employee 
performs while teleworking from a residence; 
(3) the term ‘‘covered period’’ means the period 
beginning on the date on which the Secretary of 
Health and Human Services declared a public health 
emergency under section 319 of the Public Health 
Service Act (42 U.S.C. 247d) with respect to 
COVID–19 and ending on the date that is 60 days 
after the date on which that public health emergency 
terminates; and 
(4) the term ‘‘employee’’— 
(A) means an employee of an agency; 
(B) includes—
1601 
(i) any employee of an agency who oc-
cupies a position within the General Sched-
ule under subchapter III of chapter 53 of 
title 5, United States Code; 
(ii) any employee of an agency whose 
pay is fixed and adjusted from time to 
time in accordance with prevailing rates 
under subchapter IV of chapter 53 of title 
5, United States Code, or by a wage board 
or similar administrative authority serving 
the same purpose; 
(iii) an official or employee of an In-
dian tribe, tribal organization, or urban In-
dian organization described in paragraph 
(1)(A)(iii); 
(iv) each employee of the Department 
of Veterans Affairs, including an employee 
appointed under chapter 74 of title 38, 
United States Code, without regard to 
whether section 7421(a) of that title, sec-
tion 7425(b) of that title, or any other pro-
vision of chapter 74 of that title is incon-
sistent with that inclusion; and 
(v) any other individual occupying a 
position in the civil service, as that term is
1602 
defined in section 2101 of title 5, United 
States Code; and 
(C) does not include— 
(i) a member of the uniformed serv-
ices, as that term is defined in section 
2101 of title 5, United States Code; 
(ii) an employee of an agency who oc-
cupies a position within the Executive 
Schedule under any of sections 5312 
through 5316 of title 5, United States 
Code; 
(iii) an individual in a Senior Execu-
tive Service position, unless the individual 
is a career appointee, as those terms are 
defined in section 3132(a) of title 5, 
United States Code; 
(iv) an individual serving in a position 
of a confidential or policy-determining 
character under Schedule C of subpart C 
of part 213 of title 5, Code of Federal 
Regulations, or any successor regulations; 
(v) a member of the Senate or House 
of Representatives, a Delegate to the 
House of Representatives, or the Resident 
Commissioner from Puerto Rico; or
1603 
(vi) an employee of the personal office 
of an individual described in clause (v), of 
a leadership office of the Senate or the 
House of Representatives, of a committee 
of the Senate or the House of Representa-
tives, or of a joint committee of Congress. 
SEC. 170202. PANDEMIC DUTY DIFFERENTIAL. 
(a) IN GENERAL.—There is established a schedule of 
pay differentials for covered duty as follows: 
(1) Subject to the availability of amounts pro-
vided in this title, and the conditions of subsection 
(b)(3), an employee is entitled to pay for that cov-
ered duty at the rate of basic pay, which includes 
any differential or other premium pay paid for regu-
larly scheduled work of the employee other than the 
differential established under this section, of the em-
ployee plus premium pay of $13 per hour. 
(2) The total amount of premium pay paid to 
an employee under paragraph (1) shall be— 
(A) with respect to an employee whose an-
nual rate of basic pay is less than $200,000, 
not more than $10,000 reduced by employer 
payroll taxes (as defined in section 170101(4)) 
with respect to such premium pay; and
1604 
(B) with respect to an employee whose an-
nual rate of basic pay is not less than 
$200,000, not more than $5,000 reduced by 
employer payroll taxes (as so defined) with re-
spect to such premium pay. 
(b) PAY.— 
(1) IN GENERAL.—With respect to the covered 
period, an employee is entitled to be paid the appli-
cable differential established under subsection (a) for 
any period, including any period during the covered 
period that precedes the date of enactment of this 
Act, in which the employee is carrying out covered 
duty, subject to the applicable limitations under that 
subsection. 
(2) RETROACTIVE PAYMENT.—With respect to 
a payment earned by an employee under this section 
for a period during the covered period that precedes 
the date of enactment of this Act, the employee shall 
be paid that payment in a lump sum payment as 
soon as is practicable after that date of enactment. 
(3) LIMITATION
ON
ENTITLEMENT.—An em-
ployee shall be entitled to be paid the applicable dif-
ferential established under subsection (a) only to the 
extent that amounts provided in this title will be 
made available to such employee’s agency pursuant
1605 
to section 170204(c)(1) in an amount sufficient to 
provide such applicable differential to all such eligi-
ble employees. 
(c) GUIDANCE AND REGULATIONS.— 
(1) EXECUTIVE BRANCH.— 
(A) IN GENERAL.—The Office of Personnel 
Management shall develop criteria for agencies 
in the executive branch of the Federal Govern-
ment regarding the means by which to deter-
mine the eligibility of an employee in such an 
agency for the pay differential established 
under this section, which shall— 
(i) be based on— 
(I) the duties performed by the 
employee; 
(II) the setting in which the em-
ployee performs the duties described 
in subclause (I); and 
(III) the interactions with the 
public required in order for the em-
ployee to perform the duties described 
in subclause (I); and 
(ii) apply equally to all such agencies. 
(B) REGULATIONS.—The Office of Per-
sonnel Management may prescribe regulations
1606 
implementing the pay differential under this 
section with respect to employees in the execu-
tive branch of the Federal Government. 
(2) OTHER BRANCHES, CERTAIN DC EMPLOY-
EES, AND CERTAIN TRIBAL OFFICIALS.— 
(A) IN GENERAL.—The employing author-
ity for each agency that is not in the executive 
branch of the Federal Government— 
(i) shall develop criteria regarding the 
means by which to determine the eligibility 
of an employee in such an agency for the 
pay differential established under this sec-
tion; and 
(ii) may prescribe regulations imple-
menting the pay differential under this sec-
tion with respect to employees in the appli-
cable agency. 
(B) CONSISTENCY
WITH
OPM
GUIDANCE 
AND
REGULATIONS.—Any criteria developed, 
and regulations prescribed, by an agency under 
subparagraph (A) shall, to the extent prac-
ticable, be comparable to any criteria developed 
and regulations prescribed by the Office of Per-
sonnel Management under paragraph (1).
1607 
SEC. 170203. LIMITATION ON PREMIUM PAY. 
(a) IN GENERAL.—Notwithstanding subsections (a) 
and (b) of section 5547 of title 5, United States Code, 
or a provision of any other Federal, State, or Tribal law 
that imposes a limitation on the amount of premium pay 
(including any premium pay paid under section 202 and 
any overtime pay paid for covered duty) that may be pay-
able to an employee, an employee may be paid such pre-
mium pay to the extent that the payment does not cause 
the aggregate of basic pay and such premium pay for serv-
ice performed in that calendar year by that employee to 
exceed the annual rate of basic pay payable for level II 
of the Executive Schedule, as of the end of the calendar 
year. 
(b) APPLICABILITY OF AGGREGATE LIMITATION ON 
PAY.—In determining whether a payment to an employee 
is subject to the limitation under section 5307(a) of title 
5, United States Code, a payment described in subsection 
(a) shall not apply. 
(c) APPLICABILITY OF CARES ACT.—The authority 
provided under this section shall be considered to be in 
addition to, and not a replacement for, the authority pro-
vided under section 18110 of title VIII of the CARES Act 
(Public Law 116–136).
1608 
(d) RETROACTIVE EFFECT.—This section shall take 
effect as if enacted on the date on which the covered pe-
riod began. 
SEC. 170204. AUTHORIZATION AND APPROPRIATION. 
(a) IN GENERAL.—There is authorized to be appro-
priated, and there is hereby appropriated, out of any 
money in the Treasury not otherwise appropriated, 
$10,000,000,000, to remain available until expended, for 
the offices and agencies described in subsection (b) of this 
section to carry out section 170202 and section 170203 
of this title and to make transfers authorized under sub-
section (c) of this section. 
(b) OFFICES AND AGENCIES.—The offices and agen-
cies described in this subsection are— 
(1) the Office of the Sergeant at Arms and 
Doorkeeper of the Senate; 
(2) the Office of the Clerk of the House of Rep-
resentatives; 
(3) the Office of the Sergeant at Arms of the 
House of Representatives; 
(4) the Office of the Chief Administrative Offi-
cer of the House of Representatives; 
(5) the Office of the Attending Physician; 
(6) the Capitol Police; 
(7) the Office of the Architect of the Capitol;
1609 
(8) the Library of Congress; 
(9) the Government Publishing Office; 
(10) the Government Accountability Office; 
(11) the Office of Personnel Management; 
(12) the Administrative Office of the United 
States Courts; 
(13) the District of Columbia Courts; and 
(14) the District of Columbia Public Defender 
Service. 
(c) TRANSFER AUTHORITY.— 
(1) OPM.—The Office of Personnel Manage-
ment may transfer funds made available under this 
section to other Federal agencies within the execu-
tive branch to reimburse such agencies for costs in-
curred to implement this title. 
(2) AOUSC.—The Administrative Office of the 
United States Courts may transfer funds made 
available under this section to other entities within 
the judicial branch to reimburse the entities for 
costs incurred to implement this title.
1610 
TITLE 
III—COORDINATION 
OF 
BENEFITS WITH OTHER PRO-
GRAMS AND LAWS 
SEC. 170301. COORDINATION WITH OTHER BENEFITS. 
(a) DISREGARD FOR PURPOSES OF FEDERAL AND 
STATE PROGRAMS.—Any payment provided under this 
Act shall not be regarded as income and shall not be re-
garded as a resource for the month of receipt and the fol-
lowing 12 months, for purposes of determining the eligi-
bility of the recipient (or the recipient’s spouse or family) 
for benefits or assistance, or the amount or extent of bene-
fits or assistance, under any Federal program or under 
any State or local program financed in whole or in part 
with Federal funds. 
(b) AMOUNTS NOT TAKEN INTO ACCOUNT FOR PUR-
POSES OF PREMIUM TAX CREDIT.— 
(1) IN GENERAL.—For purposes of determining 
modified adjusted gross income under section 
36B(d)(2)(B) of the Internal Revenue Code of 1986, 
adjusted gross income shall be reduced by any 
amounts received under subsection (b), including 
pursuant to subsection (f), of section 170102 or by 
reason of section 170202. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to the extent such reduction results in an
1611 
amount of household income (as defined in section 
36B(d)(2)(A) of such Code) of a taxpayer that is 
less than 100 percent of the poverty line (as defined 
in section 36B(d)(3) of such Code) for a family of 
the size involved (as determined under the rules of 
section 36B(d)(1) of such Code). 
(3) REPORTING.— 
(A) IN
GENERAL.—Any employer that 
makes an applicable payment during a calendar 
year shall include as a separately stated item on 
any written statement required under section 
6051 of the Internal Revenue Code of 1986 or 
any return or statement required by the Sec-
retary of the Treasury (or the Secretary’s dele-
gate) with respect to nonemployee compensation 
the aggregate amount of each type of applicable 
payments so made. 
(B) APPLICABLE
PAYMENTS.—For pur-
poses of this paragraph, the term ‘‘applicable 
payments’’ means— 
(i) amounts paid as premium pay 
under 
section 
170102(b), 
including 
amounts 
paid 
pursuant 
to 
section 
170102(f); and
1612 
(ii) amounts paid by reason of section 
170202. 
(c) EMPLOYMENT TAX TREATMENT FOR AMOUNTS 
PAID THROUGH GRANTS.— 
(1) IN
GENERAL.—For purposes of section 
3111(a) of the Internal Revenue Code of 1986, any 
amounts required to be paid by reason of this Act 
shall not be considered wages. 
(2) RAILROAD RETIREMENT TAXES.—For pur-
poses of section 3221(a) of the Internal Revenue 
Code of 1986, the amount of tax imposed under 
such section for any calendar year in which an em-
ployer is required to pay amounts under this Act 
shall be equal to the sum of— 
(A) the product of the rate in effect under 
section 3111(a) of such Code and the com-
pensation (reduced by any amounts required to 
be paid by reason of this Act) paid during any 
calendar year by such employer for services ren-
dered to such employer; and 
(B) the product of the rate in effect under 
section 3111(b) of such Code and the com-
pensation paid during any calendar year by 
such employer for services rendered to such em-
ployer.
1613 
(3) SELF-EMPLOYED INDIVIDUALS.— 
(A) IN GENERAL.—In the case of the tax 
imposed by section 1401(a) of the Internal Rev-
enue Code of 1986, the self-employment income 
for any taxable year in which the individual re-
ceived a payment required to be made under 
this Act shall be reduced by 50 percent of the 
amount of payments so made. 
(B) REGULATORY AUTHORITY.—The Sec-
retary of the Treasury (or the Secretary’s dele-
gate) shall prescribe regulations or other guid-
ance for the application of sections 164(f) and 
1402(a)(12) of the Internal Revenue Code of 
1986 with respect to amounts to which sub-
paragraph (A) applies. 
(4) TRANSFERS TO TRUST FUNDS.—There are 
hereby appropriated to the Federal Old Age and 
Survivors Insurance Trust Fund and the Federal 
Disability Insurance Trust Fund established under 
section 201 of the Social Security Act (42 U.S.C. 
401) and the Social Security Equivalent Benefit Ac-
count established under section 15A(a) of the Rail-
road Retirement Act of 1974 (45 U.S.C. 231n–1(a)) 
amounts equal to the reduction in revenues to the 
Treasury by reason of this subsection (without re-
1614 
gard to this paragraph). Amounts appropriated by 
the preceding sentence shall be transferred from the 
general fund at such times and in such manner as 
to replicate to the extent possible the transfers 
which would have occurred to such Trust Fund or 
Account had this section not been enacted. 
SEC. 170302. CLARIFICATION OF COORDINATION WITH 
OTHER LAWS. 
(a) ESSENTIAL WORKERS RIGHTS AND BENEFITS.— 
Nothing in this Act shall be construed to allow noncompli-
ance with or in any way to diminish, and shall instead 
be construed to be in addition to, the rights or benefits 
that an essential worker is entitled to under any— 
(1) Federal, State, or local law, including regu-
lation; 
(2) collective bargaining agreement; or 
(3) employer policy. 
(b) TITLE 5.—Nothing in this Act shall be construed 
to affect the application of the provisions of sections 5343 
or 5545 of title 5, United States Code, with respect to 
pay differentials for duty involving unusual physical hard-
ship or hazard, or environmental differentials.
1615 
SEC. 170303. APPLICABILITY OF FAIR LABOR STANDARDS 
ACT OF 1938 TO SOVEREIGN TRIBAL EMPLOY-
ERS. 
The receipt of any funds through a grant under sec-
tion 170104, or any funds under title II, by a sovereign 
Tribal employer, as defined in section 170101(12), shall 
not expand, constrict, or alter the application of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) to 
such sovereign Tribal employer. 
DIVISION R—CHILD NUTRITION 
AND RELATED PROGRAMS 
SEC. 180001. SHORT TITLE. 
This division may be cited as the ‘‘Child Nutrition 
and Related Programs Recovery Act’’. 
SEC. 180002. EMERGENCY COSTS FOR CHILD NUTRITION 
PROGRAMS DURING COVID–19 PANDEMIC. 
(a) USE OF CERTAIN APPROPRIATIONS TO COVER 
EMERGENCY OPERATIONAL COSTS UNDER SCHOOL MEAL 
PROGRAMS.— 
(1) IN GENERAL.— 
(A) REQUIRED
ALLOTMENTS.—Notwith-
standing any other provision of law, the Sec-
retary shall allocate to each State that partici-
pates in the reimbursement program under 
paragraph (3) such amounts as may be nec-
essary to carry out reimbursements under such
1616 
paragraph for each reimbursement month, in-
cluding, subject to paragraph (4)(B), adminis-
trative expenses necessary to make such reim-
bursements. 
(B) GUIDANCE
WITH
RESPECT
TO
PRO-
GRAM.—Not later than 10 days after the date 
of the enactment of this section, the Secretary 
shall issue guidance with respect to the reim-
bursement program under paragraph (3). 
(2) 
REIMBURSEMENT
PROGRAM
APPLICA-
TION.—To participate in the reimbursement pro-
gram under paragraph (3), not later than 30 days 
after the date described in paragraph (1), a State 
shall submit an application to the Secretary that in-
cludes a plan to calculate and disburse reimburse-
ments under the reimbursement program under 
paragraph (3). 
(3) REIMBURSEMENT
PROGRAM.—Using the 
amounts allocated under paragraph (1)(A), a State 
participating in the reimbursement program under 
this paragraph shall make reimbursements for emer-
gency operational costs for each reimbursement 
month as follows: 
(A) For each new school food authority in 
the State for the reimbursement month, an
1617 
amount equal to 55 percent of the amount 
equal to— 
(i) the average monthly amount such 
new school food authority was reimbursed 
under the reimbursement sections for 
meals and supplements served by such new 
school food authority during the alternate 
period; minus 
(ii) the amount such new school food 
authority was reimbursed under the reim-
bursement sections for meals and supple-
ments served by such new school food au-
thority during such reimbursement month. 
(B) For each school food authority not de-
scribed in subparagraph (A) in the State for 
the reimbursement month, an amount equal to 
55 percent of— 
(i) the amount such school food au-
thority was reimbursed under the reim-
bursement sections for meals and supple-
ments served by such school food authority 
for the month beginning one year before 
such reimbursement month; minus 
(ii) the amount such school food au-
thority was reimbursed under the reim-
1618 
bursement sections for meals and supple-
ments served by such school food authority 
during such reimbursement month. 
(4) TREATMENT OF FUNDS.— 
(A) AVAILABILITY.—Funds allocated to a 
State under paragraph (1)(A) shall remain 
available until March 30, 2021. 
(B) ADMINISTRATIVE EXPENSES.—A State 
may reserve not more than 1 percent of the 
funds allocated under paragraph (1)(A) for ad-
ministrative expenses to carry out this sub-
section. 
(C) UNEXPENDED
BALANCE.—On Sep-
tember 30, 2021, any amounts allocated to a 
State under paragraph (1)(A) or reimbursed to 
a school food authority or new school food au-
thority under paragraph (3) that are unex-
pended by such State, school food authority, or 
new school food authority shall revert to the 
Secretary. 
(5) REPORTS.—Each State that carries out a 
reimbursement program under paragraph (3) shall, 
not later than September 30, 2021, submit a report 
to the Secretary that includes a summary of the use
1619 
of such funds by the State and each school food au-
thority and new school food authority in such State. 
(b) USE OF CERTAIN APPROPRIATIONS TO COVER 
CHILD AND ADULT CARE FOOD PROGRAM CHILD CARE 
OPERATIONAL EMERGENCY COSTS DURING COVID–19 
PANDEMIC.— 
(1) IN GENERAL.— 
(A) REQUIRED
ALLOTMENTS.—Notwith-
standing any other provision of law, the Sec-
retary shall allocate to each State that partici-
pates in the reimbursement program under 
paragraph (3) such amounts as may be nec-
essary to carry out reimbursements under such 
paragraph for each reimbursement month, in-
cluding, subject to paragraph (4)(C), adminis-
trative expenses necessary to make such reim-
bursements. 
(B) GUIDANCE
WITH
RESPECT
TO
PRO-
GRAM.—Not later than 10 days after the date 
of the enactment of this section, the Secretary 
shall issue guidance with respect to the reim-
bursement program under paragraph (3). 
(2) 
REIMBURSEMENT
PROGRAM
APPLICA-
TION.—To participate in the reimbursement pro-
gram under paragraph (3), not later than 30 days
1620 
after the date described in paragraph (1), a State 
shall submit an application to the Secretary that in-
cludes a plan to calculate and disburse reimburse-
ments under the reimbursement program under 
paragraph (3). 
(3) REIMBURSEMENT
AMOUNT.—Using the 
amounts allocated under paragraph (1)(A), a State 
participating in the reimbursement program under 
this paragraph shall make reimbursements for child 
care operational emergency costs for each reimburse-
ment month as follows: 
(A) For each new covered institution in the 
State for the reimbursement month, an amount 
equal to 55 percent of— 
(i) the average monthly amount such 
covered institution was reimbursed under 
subsection (c) and subsection (f) of section 
17 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766) for 
meals and supplements served by such new 
covered institution during the alternate pe-
riod; minus 
(ii) the amount such covered institu-
tion was reimbursed under such section for 
meals and supplements served by such new
1621 
covered institution during such reimburse-
ment month. 
(B) For each covered institution not de-
scribed in subparagraph (A) in the State for 
the reimbursement month, an amount equal to 
55 percent of— 
(i) the amount such covered institu-
tion was reimbursed under subsection (c) 
and subsection (f) of section 17 of the 
Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766) for meals and sup-
plements served by such covered institution 
during the month beginning one year be-
fore such reimbursement month; minus 
(ii) the amount such covered institu-
tion was reimbursed under such section for 
meals and supplements served by such cov-
ered institution during such reimbursement 
month. 
(C) For each new sponsoring organization 
of a family or group day care home in the State 
for the reimbursement month, an amount equal 
to 55 percent of— 
(i) the average monthly amount such 
new sponsoring organization of a family or
1622 
group day care home was reimbursed 
under section 17(f)(3)(B) of the Richard 
B. Russell National School Lunch Act (42 
U.S.C. 1766(f)(3)(B)) for administrative 
funds for the alternate period; minus 
(ii) the amount such new sponsoring 
organization of a family or group day care 
home was reimbursed under such section 
for administrative funds for the reimburse-
ment month. 
(D) For each sponsoring organization of a 
family or group day care home not described in 
subparagraph (C) in the State for the reim-
bursement month, an amount equal to 55 per-
cent of— 
(i) the amount such sponsoring orga-
nization of a family or group day care 
home 
was 
reimbursed 
under 
section 
17(f)(3)(B) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 
1766(f)(3)(B)) for administrative funds for 
the month beginning one year before such 
reimbursement month; minus 
(ii) the amount such sponsoring orga-
nization of a family or group day care
1623 
home was reimbursed under such section 
for administrative funds for such reim-
bursement month. 
(4) TREATMENT OF FUNDS.— 
(A) AVAILABILITY.—Funds allocated to a 
State under paragraph (1)(A) shall remain 
available until March 30, 2021. 
(B) UNAFFILIATED CENTER.—In the case 
of a covered institution or a new covered insti-
tution that is an unaffiliated center that is 
sponsored by a sponsoring organization and re-
ceives funds for a reimbursement month under 
subparagraph (A) or (B), such unaffiliated cen-
ter shall provide to such sponsoring organiza-
tion an amount of such funds as agreed to by 
the sponsoring organization and the unaffiliated 
center, except such amount may not be greater 
be than 15 percent of such funds. 
(C) ADMINISTRATIVE EXPENSES.—A State 
may reserve not more than 1 percent of the 
funds allocated under paragraph (1)(A) for ad-
ministrative expenses to carry out this sub-
section. 
(D) UNEXPENDED
BALANCE.—On Sep-
tember 30, 2021, any amounts allocated to a
1624 
State under paragraph (1)(A) or reimbursed to 
a new covered institution, covered institution, 
new sponsoring organization of a family or 
group day care home, or sponsoring organiza-
tion of a family or group day care home that 
are unexpended by such State, new covered in-
stitution, covered institution, new sponsoring 
organization of a family or group day care 
home, or sponsoring organization of a family or 
group day care home, shall revert to the Sec-
retary. 
(5) REPORTS.—Each State that carries out a 
reimbursement program under paragraph (3) shall, 
not later than September 30, 2021, submit a report 
to the Secretary that includes a summary of the use 
of such funds by the State and each new covered in-
stitution, covered institution, new sponsoring organi-
zation of a family or group day care home, or spon-
soring organization of a family or group day care 
home. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
such sums as may be necessary. 
(d) DEFINITIONS.—In this section:
1625 
(1) ALTERNATE PERIOD.—The term ‘‘alternate 
period’’ means the period beginning January 1, 
2020 and ending February 29, 2020. 
(2) EMERGENCY
OPERATIONAL
COSTS.—The 
term ‘‘emergency operational costs’’ means the costs 
incurred by a school food authority or new school 
food authority— 
(A) during a public health emergency; 
(B) that are related to the ongoing oper-
ation, modified operation, or temporary suspen-
sion of operation (including administrative 
costs) of such school food authority or new 
school food authority; and 
(C) except as provided under subsection 
(a), that are not reimbursed under a Federal 
grant. 
(3) CHILD
CARE
OPERATIONAL
EMERGENCY 
COSTS.—The term ‘‘child care operational emergency 
costs’’ means the costs under the child and adult 
care food program under section 17 of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1766) incurred by a new covered institution, covered 
institution, new sponsoring organization of a family 
or group day care home, or sponsoring organization 
of a family or group day care home—
1626 
(A) during a public health emergency; 
(B) that are related to the ongoing oper-
ation, modified operation, or temporary suspen-
sion of operation (including administrative 
costs) of such new covered institution, covered 
institution, new sponsoring organization of a 
family or group day care home, sponsoring or-
ganization of a family or group day care home, 
or sponsoring organization of an unaffiliated 
center; and 
(C) except as provided under subsection 
(b), that are not reimbursed under a Federal 
grant. 
(4) COVERED
INSTITUTION.—The term ‘‘cov-
ered institution’’ means— 
(A) an institution (as defined in section 
17(a)(2) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(a)(2))); and 
(B) a family or group day care home. 
(5) NEW
COVERED
INSTITUTION.—The term 
‘‘new covered institution’’ means a covered institu-
tion for which no reimbursements were made for 
meals and supplements under section 17(c) or (f) of 
the Richard B. Russell National School Lunch Act
1627 
(42 U.S.C. 1766) with respect to the previous reim-
bursement period. 
(6) NEW SCHOOL FOOD AUTHORITY.—The term 
‘‘new school food authority’’ means a school food au-
thority for which no reimbursements were made 
under the reimbursement sections with respect to 
the previous reimbursement period. 
(7) NEW
SPONSORING
ORGANIZATION
OF
A 
FAMILY
OR
GROUP
DAY
CARE.—The term ‘‘new 
sponsoring organization of a family or group day 
care’’ means a sponsoring organization of a family 
or group day care home for which no reimburse-
ments for administrative funds were made under 
section 17(f)(3)(B) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1766(f)(3)(B)) 
for the previous reimbursement period. 
(8) PREVIOUS REIMBURSEMENT PERIOD.—The 
term ‘‘previous reimbursement period’’ means the 
period beginning March 1, 2019 and ending June 
30, 2019. 
(9) PUBLIC HEALTH EMERGENCY.—The term 
‘‘public health emergency’’ means a public health 
emergency declared pursuant to section 319 of the 
Public Health Service Act (42 U.S.C. 247d) result-
ing from the COVID–19 pandemic.
1628 
(10) REIMBURSEMENT MONTH.—The term ‘‘re-
imbursement month’’ means March 2020, April 
2020, May 2020, and June 2020. 
(11) REIMBURSEMENT
SECTIONS.—The term 
‘‘reimbursement sections’’ means— 
(A) section 4(b), section 11(a)(2), section 
13, and section 17A(c) of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 
1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C. 
1761; 42 U.S.C. 1766a(c)); and 
(B) section 4 of the Child Nutrition Act 
(42 U.S.C. 1773). 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Agriculture. 
(13) STATE.— The term ‘‘State’’ has the mean-
ing given such term in section 12(d)(8) of the Rich-
ard B. Russell National School Lunch Act (42 
U.S.C. 1760(d)(8)). 
SEC. 180003. AMENDMENTS TO THE PANDEMIC EBT ACT. 
Section 1101 of the Families First Coronavirus Re-
sponse Act (Public Law 116–127) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘fiscal year 2020’’ and in-
serting ‘‘fiscal years 2020 and 2021’’;
1629 
(B) by striking ‘‘during which the school 
would otherwise be in session’’; and 
(C) by inserting ‘‘until the school reopens’’ 
after ‘‘assistance’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘and State agency plans 
for child care covered children in accordance 
with subsection (i)’’ after ‘‘with eligible chil-
dren’’; 
(B) by inserting ‘‘, a plan to enroll chil-
dren who become eligible children during a pub-
lic health emergency designation’’ before ‘‘, and 
issuances’’; 
(C) by striking ‘‘in an amount not less 
than the value of meals at the free rate over the 
course of 5 school days’’ and inserting ‘‘in ac-
cordance with subsection (h)(1)’’; and 
(D) by inserting ‘‘and for each child care 
covered child in the household’’ before the pe-
riod at the end; 
(3) in subsection (c), by inserting ‘‘or child care 
center’’ after ‘‘school’’; 
(4) by amending subsection (e) to read as fol-
lows:
1630 
‘‘(e) RELEASE OF INFORMATION.—Notwithstanding 
any other provision of law, the Secretary of Agriculture 
may authorize— 
‘‘(1) State educational agencies and school food 
authorities administering a school lunch program 
under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.) to release to appro-
priate officials administering the supplemental nutri-
tion assistance program such information as may be 
necessary to carry out this section with respect to el-
igible children; and 
‘‘(2) State agencies administering a child and 
adult care food program under section 17 of the 
Richard B. Russell National School Lunch Act (42 
U.S.C. 1766) to release to appropriate officials ad-
ministering the supplemental nutrition assistance 
program such information as may be necessary to 
carry out this section with respect to child care cov-
ered children.’’; 
(5) by amending subsection (g) to read as fol-
lows: 
‘‘(g) AVAILABILITY OF COMMODITIES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
during fiscal year 2020, the Secretary of Agriculture 
may purchase commodities for emergency distribu-
1631 
tion in any area of the United States during a public 
health emergency designation. 
‘‘(2) PURCHASES.—Funds made available to 
carry out this subsection on or after the date of the 
enactment of the Child Nutrition and Related Pro-
grams Recovery Act may only be used to purchase 
commodities for emergency distribution— 
‘‘(A) under commodity distribution pro-
grams and child nutrition programs that were 
established and administered by the Food and 
Nutrition Service on or before the day before 
the date of the enactment of the Families First 
Coronavirus Response Act (Public Law 116– 
127); 
‘‘(B) to Tribal organizations (as defined in 
section 3 of the Food and Nutrition Act of 
2008 (7 U.S.C. 2012)), that are not admin-
istering the food distribution program estab-
lished under section 4(b) of the Food and Nu-
trition Act of 2008 (7 U.S.C. 2013(b)); or 
‘‘(C) to emergency feeding organizations 
that are eligible recipient agencies (as such 
terms are defined in section 201A of the Emer-
gency Food Assistance Act of 1983 (7 U.S.C. 
7501)).’’.
1632 
(6) by redesignating subsections (h) and (i) as 
subsections (l) and (m); 
(7) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) AMOUNT OF BENEFITS.— 
‘‘(1) IN GENERAL.—A household shall receive 
benefits under this section in an amount equal to 1 
breakfast and 1 lunch at the free rate for each eligi-
ble child or child care covered child in such house-
hold for each day. 
‘‘(2) TREATMENT OF NEWLY ELIGIBLE CHIL-
DREN.—In the case of a child who becomes an eligi-
ble child during a public health emergency designa-
tion, the Secretary and State agency shall— 
‘‘(A) if such child becomes an eligible child 
during school year 2019–2020, treat such child 
as if such child was an eligible child as of the 
date the school in which the child is enrolled 
closed; and 
‘‘(B) if such child becomes an eligible child 
after school year 2019–2020, treat such child 
as an eligible child as of the first day of the 
month in which such child becomes so eligible. 
‘‘(i) CHILD CARE COVERED CHILD ASSISTANCE.—
1633 
‘‘(1) IN GENERAL.—During fiscal years 2020 
and 2021, in any case in which a child care center 
is closed for at least 5 consecutive days during a 
public health emergency designation, each household 
containing at least 1 member who is a child care 
covered child attending the child care center shall be 
eligible until the schools in the State in which such 
child care center is located reopen, as determined by 
the Secretary, to receive assistance pursuant to— 
‘‘(A) a State agency plan approved under 
subsection (b) that includes— 
‘‘(i) an application by the State agen-
cy seeking to participate in the program 
under this subsection; and 
‘‘(ii) a State agency plan for tem-
porary emergency standards of eligibility 
and levels of benefits under the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 et 
seq.) for households with child care covered 
children; or 
‘‘(B) an addendum application described in 
paragraph (2). 
‘‘(2) ADDENDUM APPLICATION.—In the case of 
a State agency that submits a plan to the Secretary 
of Agriculture under subsection (b) that does not in-
1634 
clude an application or plan described in clauses (i) 
and (ii) of paragraph (1)(A), such State agency may 
apply to participate in the program under this sub-
section by submitting to the Secretary of Agriculture 
an addendum application for approval that includes 
a State agency plan described in such clause (ii). 
‘‘(3) REQUIREMENTS FOR PARTICIPATION.—A 
State agency may not participate in the program 
under this subsection if— 
‘‘(A) the State agency plan submitted by 
such State agency under subsection (b) with re-
spect to eligible children is not approved by the 
Secretary under such subsection; or 
‘‘(B) the State agency plan submitted by 
such State agency under subsection (b) or this 
subsection with respect to child care covered 
children is not approved by the Secretary under 
either such subsection. 
‘‘(4) AUTOMATIC ENROLLMENT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall deem a child who 
is less than 6 years of age to be a child care 
covered child eligible to receive assistance under 
this subsection if—
1635 
‘‘(i) the household with such child at-
tests that such child is a child care covered 
child; 
‘‘(ii) such child resides in a household 
that includes an eligible child; 
‘‘(iii) such child receives cash assist-
ance benefits under the temporary assist-
ance for needy families program under 
part A of title IV of the Social Security 
Act (42 U.S.C. 601 et seq.); 
‘‘(iv) such child receives assistance 
under the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9857 
et seq.); 
‘‘(v) such child is— 
‘‘(I) enrolled as a participant in a 
Head Start program authorized under 
the Head Start Act (42 U.S.C. 9831 
et seq.); 
‘‘(II) a foster child whose care 
and placement is the responsibility of 
an agency that administers a State 
plan under part B or E of title IV of 
the Social Security Act (42 U.S.C. 
621 et seq.);
1636 
‘‘(III) a foster child who a court 
has placed with a caretaker house-
hold; or 
‘‘(IV) a homeless child or youth 
(as defined in section 725(2) of the 
McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11434a(2))); 
‘‘(vi) such child participates in the 
special supplemental nutrition program for 
women, infants, and children under section 
17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786); 
‘‘(vii) through the use of information 
obtained by the State agency for the pur-
pose of participating in the supplemental 
nutrition assistance program under the 
Food and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.), the State agency elects to 
treat as a child care covered child each 
child less than 6 years of age who is a 
member of a household that receives sup-
plemental nutrition assistance program 
benefits under such Act; or 
‘‘(viii) the State in which such child 
resides determines that such child is a
1637 
child care covered child, using State data 
approved by the Secretary. 
‘‘(B) ACCEPTANCE
OF
ANY
FORM
OF 
AUTOMATIC ENROLLMENT.— 
‘‘(i) ONE
CATEGORY.—For purposes 
of deeming a child to be a child care cov-
ered child under subparagraph (A), a State 
agency may not be required to show that 
a child meets more than one requirement 
specified in clauses (i) through (viii) of 
such subparagraph. 
‘‘(ii) DEEMING REQUIREMENT.—If a 
State agency submits to the Secretary in-
formation that a child meets any one of 
the requirements specified in clauses (i) 
through (viii) of subparagraph (A), the 
Secretary shall deem such child a child 
care covered child under such subpara-
graph. 
‘‘(j) EXCLUSIONS.—The provisions of section 16 of 
the Food and Nutrition Act of 2008 (7 U.S.C. 2025) re-
lating to quality control shall not apply with respect to 
assistance provided under this section. 
‘‘(k) FEASIBILITY ANALYSIS.—
1638 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after the date of the enactment of the Child Nutri-
tion and Related Programs Recovery Act, the Sec-
retary shall submit to the Education and Labor 
Committee and the Agriculture Committee of the 
House of Representatives and the Committee on Ag-
riculture, Nutrition, and Forestry of the Senate a 
report on— 
‘‘(A) the feasibility of implementing the 
program for eligible children under this section 
using an EBT system in Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, 
and American Samoa similar to the manner in 
which the supplemental nutrition assistance 
program under the Food and Nutrition Act of 
2008 is operated in the States, including an 
analysis of–— 
‘‘(i) the current nutrition assistance 
program issuance infrastructure; 
‘‘(ii) the availability of— 
‘‘(I) an EBT system, including 
the ability for authorized retailers to 
accept EBT cards; and 
‘‘(II) EBT cards;
1639 
‘‘(iii) the ability to limit purchases 
using nutrition assistance program benefits 
to food for home consumption; and 
‘‘(iv) the availability of reliable data 
necessary for the implementation of such 
program under this section for eligible chil-
dren and child care covered children, in-
cluding the names of such children and the 
mailing addresses of their households; and 
‘‘(B) the feasibility of implementing the 
program for child care covered children under 
subsection (i) in Puerto Rico, the Common-
wealth of the Northern Mariana Islands, and 
American Samoa, including with respect to such 
program each analysis specified in clauses (i) 
through (iv) of subparagraph (A). 
‘‘(2) CONTINGENT AVAILABILITY OF PARTICIPA-
TION.—Beginning 30 days after the date of the en-
actment of the Child Nutrition and Related Pro-
grams Recovery Act, Puerto Rico, the Common-
wealth of the Northern Mariana Islands, and Amer-
ican Samoa may each— 
‘‘(A) submit a plan under subsection (b), 
unless the Secretary makes a finding, based on 
the analysis provided under paragraph (1)(A),
1640 
that the implementation of the program for eli-
gible children under this section is not feasible 
in such territories; and 
‘‘(B) submit a plan under subsection (i), 
unless the Secretary makes a finding, based on 
the analysis provided under paragraph (1)(B), 
that the implementation of the program for 
child care covered children under subsection (i) 
is not feasible in such territories. 
‘‘(3) TREATMENT
OF
PLANS
SUBMITTED
BY 
TERRITORIES.—Notwithstanding any other provision 
of law, with respect to a plan submitted pursuant to 
this subsection by Puerto Rico, the Commonwealth 
of the Northern Mariana Islands, or American 
Samoa under subsection (b) or subsection (i), the 
Secretary shall treat such plan in the same manner 
as a plan submitted by a State agency under such 
subsection, including with respect to the terms of 
funding provided under subsection (m).’’; 
(8) in subsection (l), as redesigned by para-
graph (7)— 
(A) by redesignating paragraph (1) as 
paragraph (3); 
(B) by redesignating paragraphs (2) and 
(3) as paragraphs (5) and (6), respectively;
1641 
(C) by inserting before paragraph (3) (as 
so redesignated) the following: 
‘‘(1) The term ‘child care center’ means an or-
ganization described in subparagraph (A) or (B) of 
section 17(a)(2) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(a)(2)) and a 
family or group day care home. 
‘‘(2) The term ‘child care covered child’ means 
a child served under section 17 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1766) who, if not for the closure of the child care 
center attended by the child during a public health 
emergency designation and due to concerns about a 
COVID–19 outbreak, would receive meals under 
such section at the child care center.’’; and 
(D) by inserting after paragraph (3) (as so 
redesignated) the following: 
‘‘(4) The term ‘free rate’ means— 
‘‘(A) with respect to a breakfast, the rate 
of a free breakfast under the school breakfast 
program under section 4 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773); and 
‘‘(B) with respect to a lunch, the rate of 
a free lunch under the school lunch program
1642 
under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1771 et seq.).’’; and 
(9) in subsection (m), as redesignated by para-
graph (7), by inserting ‘‘(including all administrative 
expenses)’’ after ‘‘this section’’. 
SEC. 180004. FRESH PRODUCE FOR KIDS IN NEED. 
Section 2202(f)(1) of the Families First Coronavirus 
Response Act (Public Law 116–127) is amended by add-
ing at the end the following: 
‘‘(E) The fresh fruit and vegetable pro-
gram under section 19 of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 
1769a).’’. 
SEC. 180005. WIC BENEFIT FLEXIBILITY DURING COVID–19 
ACT. 
(a) IN GENERAL.— 
(1) AUTHORITY
TO
INCREASE
AMOUNT
OF 
CASH-VALUE
VOUCHER.—During the COVID–19 
public health emergency declared under section 319 
of the Public Health Service Act (42 U.S.C. 247d) 
and in response to challenges related to such public 
health emergency, the Secretary may increase the 
amount of a cash-value voucher under a qualified 
food package to an amount less than or equal to 
$35.
1643 
(2) APPLICATION OF INCREASED AMOUNT OF 
CASH-VALUE VOUCHER TO STATE AGENCIES.— 
(A) NOTIFICATION.—An increase to the 
amount of a cash-value voucher under para-
graph (1) shall apply to any State agency that 
notifies the Secretary of the intent to use such 
an increased amount, without further applica-
tion. 
(B) USE
OF
INCREASED
AMOUNT.—A 
State agency that notifies the Secretary under 
subparagraph (A) may use or not use the in-
creased amount described in such subparagraph 
during the period beginning on the date of the 
notification by the State agency under such 
subparagraph and ending September 30, 2020. 
(3) APPLICATION PERIOD.—An increase to the 
amount of a cash-value voucher under paragraph (1) 
may only apply during the period beginning on the 
date of the enactment of this section and ending on 
September 30, 2020. 
(4) SUNSET.—The authority to make an in-
crease to the amount of a cash-value voucher under 
paragraph (1) or to use such an increased amount 
under paragraph (2)(B) shall terminate on Sep-
tember 30, 2020.
1648 
(B) The number of lunches served by such 
school food authorities in such State during the 
2020 period. 
(c) DEFINITIONS.—In this section: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(2) 2019 PERIOD.—The term ‘‘2019 period’’ 
means the period beginning March 1, 2019 and end-
ing June 30, 2019. 
(3) 2020 PERIOD.—The term ‘‘2020 period’’ 
means the period beginning March 1, 2020 and end-
ing June 30, 2020. 
SEC. 180007. REPORTING ON WAIVER AUTHORITY. 
(a) IN GENERAL.—Not later than 10 days after the 
date of the receipt or issuance of each document listed 
in paragraph (1), (2), or (3) of this subsection, the Sec-
retary of Agriculture shall make publicly available on the 
website of the Department of Agriculture the following 
documents: 
(1) Any request submitted by State agencies for 
a qualified waiver. 
(2) The Secretary’s approval or denial of each 
such request. 
(3) Any guidance issued by the Secretary with 
respect to a qualified waiver.
1655 
‘‘(7) Not more than 90 days after receiving a 
petition of an interested person under section 553(e) 
of title 5, United States Code, to determine that a 
species is injurious under this section, the Secretary 
of the Interior shall determine whether such petition 
has scientific merit. If the Secretary determines a 
petition has scientific merit, such Secretary shall 
make a determination regarding such petition not 
more than 12 months after the date such Secretary 
received such petition.’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) Any person who knowingly imports, ships, or 
transports any species in violation of subsection (a) of this 
section and who reasonably should have known that the 
species at issue in such violation is a species listed in sub-
section (a) of this section, or in any regulation issued pur-
suant thereto, shall be fined under this title or imprisoned 
not more than six months, or both.’’. 
SEC. 190404. NATIONAL WILDLIFE HEALTH CENTER. 
(a) WILDLIFE DISEASE SURVEILLANCE.—The Direc-
tor shall establish and maintain a national database of 
wildlife disease, including diseases that cause a human 
health risk, at the National Wildlife Health Center. The