1082 
discourage a depository institution from enter-
ing into or maintaining a banking relationship 
with a specific customer or group of customers 
unless— 
(i) the agency has a valid reason for 
such request or order; and 
(ii) such reason is not based solely on 
reputation risk. 
(B) TREATMENT OF NATIONAL SECURITY 
THREATS.—If an appropriate Federal banking 
agency believes a specific customer or group of 
customers is, or is acting as a conduit for, an 
entity which— 
(i) poses a threat to national security; 
(ii) is involved in terrorist financing; 
(iii) is an agency of the Government 
of Iran, North Korea, Syria, or any coun-
try listed from time to time on the State 
Sponsors of Terrorism list; 
(iv) is located in, or is subject to the 
jurisdiction of, any country specified in 
clause (iii); or 
(v) does business with any entity de-
scribed in clause (iii) or (iv), unless the ap-
propriate Federal banking agency deter-
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1083 
mines that the customer or group of cus-
tomers has used due diligence to avoid 
doing business with any entity described in 
clause (iii) or (iv), 
such belief shall satisfy the requirement under 
subparagraph (A). 
(2) NOTICE REQUIREMENT.— 
(A) IN GENERAL.—If an appropriate Fed-
eral banking agency formally or informally re-
quests or orders a depository institution to ter-
minate a specific customer account or a group 
of customer accounts, the agency shall— 
(i) provide such request or order to 
the institution in writing; and 
(ii) accompany such request or order 
with a written justification for why such 
termination is needed, including any spe-
cific laws or regulations the agency believes 
are being violated by the customer or 
group of customers, if any. 
(B) 
JUSTIFICATION
REQUIREMENT.—A 
justification 
described 
under 
subparagraph 
(A)(ii) may not be based solely on the reputa-
tion risk to the depository institution. 
(3) CUSTOMER NOTICE.— 
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1084 
(A) NOTICE
REQUIRED.—Except as pro-
vided under subparagraph (B) or as otherwise 
prohibited from being disclosed by law, if an ap-
propriate Federal banking agency orders a de-
pository institution to terminate a specific cus-
tomer account or a group of customer accounts, 
the depository institution shall inform the spe-
cific customer or group of customers of the jus-
tification for the customer’s account termi-
nation described under paragraph (2). 
(B) NOTICE PROHIBITED.— 
(i) NOTICE PROHIBITED IN CASES OF 
NATIONAL
SECURITY.—If an appropriate 
Federal banking agency requests or orders 
a depository institution to terminate a spe-
cific customer account or a group of cus-
tomer accounts based on a belief that the 
customer or customers pose a threat to na-
tional security, or are otherwise described 
under subsection (a)(2), neither the deposi-
tory institution nor the appropriate Fed-
eral banking agency may inform the cus-
tomer or customers of the justification for 
the customer’s account termination. 
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1085 
(ii) NOTICE
PROHIBITED
IN
OTHER 
CASES.—If an appropriate Federal banking 
agency determines that the notice required 
under subparagraph (A) may interfere 
with an authorized criminal investigation, 
neither the depository institution nor the 
appropriate Federal banking agency may 
inform the specific customer or group of 
customers of the justification for the cus-
tomer’s account termination. 
(4) REPORTING
REQUIREMENT.—Each appro-
priate Federal banking agency shall issue an annual 
report to the Congress stating— 
(A) the aggregate number of specific cus-
tomer accounts that the agency requested or or-
dered a depository institution to terminate dur-
ing the previous year; and 
(B) the legal authority on which the agen-
cy relied in making such requests and orders 
and the frequency on which the agency relied 
on each such authority. 
(5) DEFINITIONS.—For purposes of this sub-
section: 
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1086 
(A) 
APPROPRIATE
FEDERAL
BANKING 
AGENCY.—The 
term 
‘‘appropriate 
Federal 
banking agency’’ means— 
(i) the appropriate Federal banking 
agency, as defined under section 3 of the 
Federal Deposit Insurance Act (12 U.S.C. 
1813); and 
(ii) the National Credit Union Admin-
istration, in the case of an insured credit 
union. 
(B) DEPOSITORY INSTITUTION.—The term 
‘‘depository institution’’ means— 
(i) a depository institution, as defined 
under section 3 of the Federal Deposit In-
surance Act (12 U.S.C. 1813); and 
(ii) an insured credit union. 
(n) DEFINITIONS.—In this Act: 
(1) BUSINESS
OF
INSURANCE.—The term 
‘‘business of insurance’’ has the meaning given such 
term in section 1002 of the Dodd-Frank Wall Street 
Reform and Consumer Protection Act (12 U.S.C. 
5481). 
(2) CANNABIS.—The term ‘‘cannabis’’ has the 
meaning given the term ‘‘marihuana’’ in section 102 
of the Controlled Substances Act (21 U.S.C. 802). 
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1087 
(3) CANNABIS PRODUCT.—The term ‘‘cannabis 
product’’ means any article which contains cannabis, 
including an article which is a concentrate, an edi-
ble, a tincture, a cannabis-infused product, or a top-
ical. 
(4) CANNABIS-RELATED
LEGITIMATE
BUSI-
NESS.—The term ‘‘cannabis-related legitimate busi-
ness’’ means a manufacturer, producer, or any per-
son or company that— 
(A) engages in any activity described in 
subparagraph (B) pursuant to a law established 
by a State or a political subdivision of a State, 
as determined by such State or political subdivi-
sion; and 
(B) participates in any business or orga-
nized activity that involves handling cannabis or 
cannabis products, including cultivating, pro-
ducing, manufacturing, selling, transporting, 
displaying, dispensing, distributing, or pur-
chasing cannabis or cannabis products. 
(5) DEPOSITORY INSTITUTION.—The term ‘‘de-
pository institution’’ means— 
(A) a depository institution as defined in 
section 3(c) of the Federal Deposit Insurance 
Act (12 U.S.C. 1813(c)); 
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1088 
(B) a Federal credit union as defined in 
section 101 of the Federal Credit Union Act 
(12 U.S.C. 1752); or 
(C) a State credit union as defined in sec-
tion 101 of the Federal Credit Union Act (12 
U.S.C. 1752). 
(6) 
FEDERAL
BANKING
REGULATOR.—The 
term ‘‘Federal banking regulator’’ means each of the 
Board of Governors of the Federal Reserve System, 
the Bureau of Consumer Financial Protection, the 
Federal Deposit Insurance Corporation, the Federal 
Housing Finance Agency, the Financial Crimes En-
forcement Network, the Office of Foreign Asset 
Control, the Office of the Comptroller of the Cur-
rency, the National Credit Union Administration, 
the Department of the Treasury, or any Federal 
agency or department that regulates banking or fi-
nancial services, as determined by the Secretary of 
the Treasury. 
(7) FINANCIAL SERVICE.—The term ‘‘financial 
service’’— 
(A) means a financial product or service, 
as defined in section 1002 of the Dodd-Frank 
Wall Street Reform and Consumer Protection 
Act (12 U.S.C. 5481); 
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1089 
(B) includes the business of insurance; 
(C) includes, whether performed directly or 
indirectly, the authorizing, processing, clearing, 
settling, billing, transferring for deposit, trans-
mitting, delivering, instructing to be delivered, 
reconciling, collecting, or otherwise effectuating 
or facilitating of payments or funds, where such 
payments or funds are made or transferred by 
any means, including by the use of credit cards, 
debit cards, other payment cards, or other ac-
cess devices, accounts, original or substitute 
checks, or electronic funds transfers; 
(D) includes acting as a money transmit-
ting business which directly or indirectly makes 
use of a depository institution in connection 
with effectuating or facilitating a payment for 
a cannabis-related legitimate business or service 
provider in compliance with section 5330 of 
title 31, United States Code, and any applicable 
State law; and 
(E) includes acting as an armored car 
service for processing and depositing with a de-
pository institution or a Federal reserve bank 
with respect to any monetary instruments (as 
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1090 
defined under section 1956(c)(5) of title 18, 
United States Code. 
(8) INDIAN COUNTRY.—The term ‘‘Indian coun-
try’’ has the meaning given that term in section 
1151 of title 18. 
(9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given that term in section 102 of 
the Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 479a). 
(10) INSURER.—The term ‘‘insurer’’ has the 
meaning given that term under section 313(r) of 
title 31, United States Code. 
(11) MANUFACTURER.—The term ‘‘manufac-
turer’’ means a person who manufactures, com-
pounds, converts, processes, prepares, or packages 
cannabis or cannabis products. 
(12) PRODUCER.—The term ‘‘producer’’ means 
a person who plants, cultivates, harvests, or in any 
way facilitates the natural growth of cannabis. 
(13) SERVICE PROVIDER.—The term ‘‘service 
provider’’— 
(A) means a business, organization, or 
other person that— 
(i) sells goods or services to a can-
nabis-related legitimate business; or 
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1091 
(ii) provides any business services, in-
cluding the sale or lease of real or any 
other property, legal or other licensed serv-
ices, or any other ancillary service, relating 
to cannabis; and 
(B) does not include a business, organiza-
tion, or other person that participates in any 
business or organized activity that involves han-
dling cannabis or cannabis products, including 
cultivating, producing, manufacturing, selling, 
transporting, displaying, dispensing, distrib-
uting, or purchasing cannabis or cannabis prod-
ucts. 
(14) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, Puerto 
Rico, and any territory or possession of the United 
States. 
(o) DISCRETIONARY
SURPLUS
FUNDS.—Section 
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 
289(a)(3)(A)) is amended by striking ‘‘$6,825,000,000’’ 
and inserting ‘‘$6,821,000,000’’. 
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1092 
TITLE VII—EMPOWERING COMMUNITY 
FINANCIAL INSTITUTIONS 
SEC. 110701. COMMUNITY DEVELOPMENT FINANCIAL INSTI-
TUTIONS FUND. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Community Development Financial Institu-
tions Fund, out of amounts in the general fund not other-
wise appropriated, $2,000,000,000 for fiscal year 2020, 
for providing financial assistance and technical assistance 
under subparagraphs (A) and (B) of section 108(a)(1) of 
the Community Development Banking and Financial In-
stitutions Act of 1994 (12 U.S.C. 4707(a)(1)), except that 
subsections (d) and (e) of such section 108 shall not apply 
to the provision of such assistance, for the Bank Enter-
prise Award program, and for financial assistance, tech-
nical assistance, training, and outreach programs designed 
to benefit Native American, Native Hawaiian, and Alaska 
Native communities and provided primarily through quali-
fied community development lender organizations with ex-
perience and expertise in community development banking 
and lending in Indian country, Native American organiza-
tions, Tribes and Tribal organizations, and other suitable 
providers. Of the amount appropriated pursuant to this 
heading, not less than $800,000,000 shall be for providing 
financial assistance, technical assistance, awards, training, 
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1093 
and outreach programs described above to recipients that 
are minority lending institutions. 
(b) DEFINITIONS.—For purposes of this section: 
(1) MINORITY
LENDING
INSTITUTION.—The 
term ‘‘minority lending institution’’ means any de-
pository institution, loan fund, or other financial in-
stitution that— 
(A) if a privately-owned institution, 51 per-
cent is owned by one or more socially and eco-
nomically disadvantaged individuals; 
(B) if publicly-owned, 51 percent of the 
stock is owned by one or more socially and eco-
nomically disadvantaged individuals; and 
(C) in the case of a mutual institution, 
where the majority of the Board of Directors, 
account holders, and the community which it 
services is predominantly minority. 
(2) MINORITY.—The term ‘‘minority’’ means 
any black American, Native American, Hispanic 
American, or Asian American. 
SEC. 110702. ENSURING DIVERSITY IN COMMUNITY BANK-
ING. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Ensuring Diversity in Community Banking Act of 
2020’’. 
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1094 
(b) COMMUNITY DEVELOPMENT FINANCIAL INSTI-
TUTION.—In this section, the term ‘‘community develop-
ment financial institution’’ has the meaning given under 
section 103 of the Riegle Community Development and 
Regulatory Improvement Act of 1994 (12 U.S.C. 4702). 
(c) MINORITY DEPOSITORY INSTITUTION.—In this 
section, the term ‘‘minority depository institution’’ has the 
meaning given under section 308 of the Financial Institu-
tions Reform, Recovery, and Enforcement Act of 1989 (12 
U.S.C. 1463 note), as amended by this section. 
(d) INCLUSION OF WOMEN’S BANKS IN THE DEFINI-
TION OF MINORITY DEPOSITORY INSTITUTION.—Section 
308(b)(1) of the Financial Institutions Reform, Recovery, 
and Enforcement Act of 1989 (12 U.S.C. 1463 note) is 
amended— 
(1) by redesignating subparagraphs (A), (B), 
and (C) as clauses (i), (ii), and (iii), respectively; 
(2) by striking ‘‘means any’’ and inserting the 
following: ‘‘means— 
‘‘(A) any’’; and 
(3) in clause (iii) (as so redesignated), by strik-
ing the period at the end and inserting ‘‘; or’’; and 
(4) by inserting at the end the following new 
subparagraph: 
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1095 
‘‘(B) any bank described in clause (i), (ii), 
or (iii) of section 19(b)(1)(A) of the Federal 
Reserve Act— 
‘‘(i) more than 50 percent of the out-
standing shares of which are held by 1 or 
more women; and 
‘‘(ii) the majority of the directors on 
the board of directors of which are 
women.’’. 
(e) ESTABLISHMENT OF IMPACT BANK DESIGNA-
TION.— 
(1) IN
GENERAL.—Each appropriate Federal 
banking agency shall establish a program under 
which a depository institution with total consolidated 
assets of less than $10,000,000,000 may elect to be 
designated as an impact bank if the total dollar 
value of the loans extended by such depository insti-
tution to low-income borrowers is greater than or 
equal to 50 percent of the assets of such bank. 
(2) DESIGNATION.—Based on data obtained 
through examinations, an appropriate Federal bank-
ing agency shall submit a notification to a depository 
institution stating that the depository institution 
qualifies for designation as an impact bank. 
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1096 
(3) APPLICATION.—A depository institution 
that does not receive a notification described in 
paragraph (2) may submit an application to the ap-
propriate Federal banking agency demonstrating 
that the depository institution qualifies for designa-
tion as an impact bank. 
(4) ADDITIONAL DATA OR OVERSIGHT.—A de-
pository institution is not required to submit addi-
tional data to an appropriate Federal banking agen-
cy or be subject to additional oversight from such an 
agency if such data or oversight is related specifi-
cally and solely for consideration for a designation 
as an impact bank. 
(5) REMOVAL OF DESIGNATION.—If an appro-
priate Federal banking agency determines that a de-
pository institution designated as an impact bank no 
longer meets the criteria for such designation, the 
appropriate Federal banking agency shall rescind 
the designation and notify the depository institution 
of such rescission. 
(6) RECONSIDERATION
OF
DESIGNATION; AP-
PEALS.—A depository institution may— 
(A) submit to the appropriate Federal 
banking agency a request to reconsider a deter-
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1097 
mination that such depository institution no 
longer meets the criteria for the designation; or 
(B) file an appeal in accordance with pro-
cedures established by the appropriate Federal 
banking agency. 
(7) RULEMAKING.—Not later than 1 year after 
the date of the enactment of this Act, the appro-
priate Federal banking agencies shall jointly issue 
rules to carry out the requirements of this para-
graph, including by providing a definition of a low- 
income borrower. 
(8) REPORTS.—Each appropriate Federal bank-
ing agency shall submit an annual report to the 
Congress containing a description of actions taken to 
carry out this paragraph. 
(9) FEDERAL DEPOSIT INSURANCE ACT DEFINI-
TIONS.—In this subsection, the terms ‘‘depository 
institution’’ and ‘‘appropriate Federal banking agen-
cy’’ have the meanings given such terms, respec-
tively, in section 3 of the Federal Deposit Insurance 
Act (12 U.S.C. 1813). 
(f) MINORITY DEPOSITORY INSTITUTIONS ADVISORY 
COMMITTEES.— 
(1) ESTABLISHMENT.—Each covered regulator 
shall establish an advisory committee to be called the 
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1098 
‘‘Minority Depository Institutions Advisory Com-
mittee’’. 
(2) DUTIES.—Each Minority Depository Insti-
tutions Advisory Committee shall provide advice to 
the respective covered regulator on meeting the goals 
established by section 308 of the Financial Institu-
tions Reform, Recovery, and Enforcement Act of 
1989 (12 U.S.C. 1463 note) to preserve the present 
number of covered minority institutions, preserve the 
minority character of minority-owned institutions in 
cases involving mergers or acquisitions, provide tech-
nical assistance, and encourage the creation of new 
covered minority institutions. The scope of the work 
of each such Minority Depository Institutions Advi-
sory Committee shall include an assessment of the 
current condition of covered minority institutions, 
what regulatory changes or other steps the respec-
tive agencies may be able to take to fulfill the re-
quirements of such section 308, and other issues of 
concern to minority depository institutions. 
(3) MEMBERSHIP.— 
(A) IN GENERAL.—Each Minority Deposi-
tory Institutions Advisory Committee shall con-
sist of no more than 10 members, who— 
(i) shall serve for one two-year term; 
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1099 
(ii) shall serve as a representative of 
a depository institution or an insured cred-
it union with respect to which the respec-
tive covered regulator is the covered regu-
lator of such depository institution or in-
sured credit union; and 
(iii) shall not receive pay by reason of 
their service on the advisory committee, 
but may receive travel or transportation 
expenses in accordance with section 5703 
of title 5, United States Code. 
(B) DIVERSITY.—To the extent prac-
ticable, each covered regulator shall ensure that 
the members of Minority Depository Institu-
tions Advisory Committee of such agency reflect 
the diversity of depository institutions. 
(4) MEETINGS.— 
(A) IN GENERAL.—Each Minority Deposi-
tory Institutions Advisory Committee shall meet 
not less frequently than twice each year. 
(B) INVITATIONS.—Each Minority Deposi-
tory Institutions Advisory Committee shall in-
vite the attendance at each meeting of the Mi-
nority Depository Institutions Advisory Com-
mittee of— 
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1100 
(i) one member of the majority party 
and one member of the minority party of 
the Committee on Financial Services of the 
House of Representatives and the Com-
mittee on Banking, Housing, and Urban 
Affairs of the Senate; and 
(ii) one member of the majority party 
and one member of the minority party of 
any relevant subcommittees of such com-
mittees. 
(5) NO TERMINATION OF ADVISORY COMMIT-
TEES.—The termination requirements under section 
14 of the Federal Advisory Committee Act (5 U.S.C. 
app.) shall not apply to a Minority Depository Insti-
tutions Advisory Committee established pursuant to 
this section. 
(6) DEFINITIONS.—In this paragraph: 
(A) COVERED
REGULATOR.—The term 
‘‘covered regulator’’ means the Comptroller of 
the Currency, the Board of Governors of the 
Federal Reserve System, the Federal Deposit 
Insurance Corporation, and the National Credit 
Union Administration. 
(B) COVERED
MINORITY
INSTITUTION.— 
The term ‘‘covered minority institution’’ means 
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1101 
a minority depository institution (as defined in 
section 308(b) of the Financial Institutions Re-
form, Recovery, and Enforcement Act of 1989 
(12 U.S.C. 1463 note)) or a minority credit 
union (as defined in section 1204(c) of the Fi-
nancial Institutions Reform, Recovery, and En-
forcement Act of 1989, as amended by this 
Act). 
(C) DEPOSITORY INSTITUTION.—The term 
‘‘depository institution’’ has the meaning given 
under section 3 of the Federal Deposit Insur-
ance Act (12 U.S.C. 1813). 
(D) INSURED CREDIT UNION.—The term 
‘‘insured credit union’’ has the meaning given 
in section 101 of the Federal Credit Union Act 
(12 U.S.C. 1752). 
(7) TECHNICAL AMENDMENT.—Section 308(b) 
of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (12 U.S.C. 1463 note) is 
amended by adding at the end the following new 
paragraph: 
‘‘(3) DEPOSITORY INSTITUTION.—The term ‘de-
pository institution’ means an ‘insured depository in-
stitution’ (as defined in section 3 of the Federal De-
posit Insurance Act (12 U.S.C. 1813)) and an in-
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1102 
sured credit union (as defined in section 101 of the 
Federal Credit Union Act (12 U.S.C. 1752)).’’. 
(g) FEDERAL DEPOSITS IN MINORITY DEPOSITORY 
INSTITUTIONS.— 
(1) IN GENERAL.—Section 308 of the Financial 
Institutions Reform, Recovery, and Enforcement Act 
of 1989 (12 U.S.C. 1463 note) is amended— 
(A) by adding at the end the following new 
subsection: 
‘‘(d) FEDERAL DEPOSITS.—The Secretary of the 
Treasury shall ensure that deposits made by Federal agen-
cies in minority depository institutions and impact banks 
are collateralized or insured, as determined by the Sec-
retary. Such deposits shall include reciprocal deposits, as 
defined under section 29(i)(2) of the Federal Deposit In-
surance Act (12 U.S.C. 1831f(i)(2)).’’; and 
(B) in subsection (b), as amended by sec-
tion 6(g), by adding at the end the following 
new paragraph: 
‘‘(4) IMPACT BANK.—The term ‘impact bank’ 
means a depository institution designated by an ap-
propriate Federal banking agency pursuant to sub-
section (e) of the Ensuring Diversity in Community 
Banking Act of 2020.’’. 
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1103 
(2) TECHNICAL AMENDMENTS.—Section 308 of 
the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (12 U.S.C. 1463 note) is 
amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘section—’’ and inserting ‘‘sec-
tion:’’; and 
(B) in the paragraph heading for para-
graph (1), by striking ‘‘FINANCIAL’’ and insert-
ing ‘‘DEPOSITORY’’. 
(h) MINORITY BANK DEPOSIT PROGRAM.— 
(1) IN GENERAL.—Section 1204 of the Finan-
cial Institutions Reform, Recovery, and Enforcement 
Act of 1989 (12 U.S.C. 1811 note) is amended to 
read as follows: 
‘‘SEC. 1204. EXPANSION OF USE OF MINORITY BANKS AND 
MINORITY CREDIT UNIONS. 
‘‘(a) MINORITY BANK DEPOSIT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—There is established a 
program to be known as the ‘Minority Bank Deposit 
Program’ to expand the use of minority banks and 
minority credit unions. 
‘‘(2) ADMINISTRATION.—The Secretary of the 
Treasury, acting through the Fiscal Service, shall— 
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1104 
‘‘(A) on application by a depository institu-
tion or credit union, certify whether such depos-
itory institution or credit union is a minority 
bank or minority credit union; 
‘‘(B) maintain and publish a list of all de-
pository institutions and credit unions that have 
been certified pursuant to subparagraph (A); 
and 
‘‘(C) periodically distribute the list de-
scribed in subparagraph (B) to— 
‘‘(i) all Federal departments and 
agencies; 
‘‘(ii) interested State and local govern-
ments; and 
‘‘(iii) interested private sector compa-
nies. 
‘‘(3) INCLUSION
OF
CERTAIN
ENTITIES
ON 
LIST.—A depository institution or credit union that, 
on the date of the enactment of this section, has a 
current certification from the Secretary of the 
Treasury stating that such depository institution or 
credit union is a minority bank or minority credit 
union shall be included on the list described under 
paragraph (2)(B). 
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1105 
‘‘(b) EXPANDED USE AMONG FEDERAL DEPART-
MENTS AND AGENCIES.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the establishment of the program described in sub-
section (a), the head of each Federal department or 
agency shall develop and implement standards and 
procedures to ensure, to the maximum extent pos-
sible as permitted by law and consistent with prin-
ciples of sound financial management, the use of mi-
nority banks and minority credit unions to hold the 
deposits of each such department or agency. 
‘‘(2) REPORT TO CONGRESS.—Not later than 2 
years after the establishment of the program de-
scribed in subsection (a), and annually thereafter, 
the head of each Federal department or agency shall 
submit to Congress a report on the actions taken to 
increase the use of minority banks and minority 
credit unions hold the deposits of each such depart-
ment or agency. 
‘‘(c) DEFINITIONS.—For purposes of this section: 
‘‘(1) CREDIT UNION.—The term ‘credit union’ 
has the meaning given the term ‘insured credit 
union’ in section 101 of the Federal Credit Union 
Act (12 U.S.C. 1752). 
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1106 
‘‘(2) DEPOSITORY INSTITUTION.—The term ‘de-
pository institution’ has the meaning given in section 
3 of the Federal Deposit Insurance Act (12 U.S.C. 
1813). 
‘‘(3) MINORITY.—The term ‘minority’ means 
any Black American, Native American, Hispanic 
American, or Asian American. 
‘‘(4) MINORITY
BANK.—The term ‘minority 
bank’ means a minority depository institution as de-
fined in section 308 of this Act. 
‘‘(5) MINORITY CREDIT UNION.—The term ‘mi-
nority credit union’ means any credit union for 
which more than 50 percent of the membership (in-
cluding board members) of such credit union are mi-
nority individuals, as determined by the National 
Credit Union Administration pursuant to section 
308 of this Act.’’. 
(2) 
CONFORMING
AMENDMENTS.—The 
fol-
lowing 
provisions 
are 
amended 
by 
striking 
‘‘1204(c)(3)’’ and inserting ‘‘1204(c)’’: 
(A) Section 808(b)(3) of the Community 
Reinvestment 
Act 
of 
1977 
(12 
U.S.C. 
2907(b)(3)). 
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1107 
(B) Section 40(g)(1)(B) of the Federal De-
posit 
Insurance 
Act 
(12 
U.S.C. 
1831q(g)(1)(B)). 
(C) Section 704B(h)(4) of the Equal Cred-
it Opportunity Act (15 U.S.C. 1691c–2(h)(4)). 
(i) DIVERSITY REPORT AND BEST PRACTICES.— 
(1) ANNUAL REPORT.—Each covered regulator 
shall submit to Congress an annual report on diver-
sity including the following: 
(A) Data, based on voluntary self-identi-
fication, on the racial, ethnic, and gender com-
position of the examiners of each covered regu-
lator, disaggregated by length of time served as 
an examiner. 
(B) The status of any examiners of cov-
ered regulators, based on voluntary self-identi-
fication, as a veteran. 
(C) Whether any covered regulator, as of 
the date on which the report required under 
this section is submitted, has adopted a policy, 
plan, or strategy to promote racial, ethnic, and 
gender diversity among examiners of the cov-
ered regulator. 
(D) Whether any special training is devel-
oped and provided for examiners related specifi-
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1108 
cally to working with banks that serve commu-
nities that are predominantly minorities, low in-
come, or rural, and the key focus of such train-
ing. 
(2) BEST PRACTICES.—Each Office of Minority 
and Women Inclusion of a covered regulator shall 
develop, provide to the head of the covered regulator, 
and make publicly available best practices— 
(A) for increasing the diversity of can-
didates applying for examiner positions, includ-
ing through outreach efforts to recruit diverse 
candidate to apply for entry-level examiner posi-
tions; and 
(B) for retaining and providing fair consid-
eration for promotions within the examiner 
staff for purposes of achieving diversity among 
examiners. 
(3) COVERED REGULATOR DEFINED.—In this 
subsection, the term ‘‘covered regulator’’ means the 
Comptroller of the Currency, the Board of Gov-
ernors of the Federal Reserve System, the Federal 
Deposit Insurance Corporation, and the National 
Credit Union Administration. 
(j) INVESTMENTS IN MINORITY DEPOSITORY INSTI-
TUTIONS AND IMPACT BANKS.— 
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1109 
(1) CONTROL
FOR
CERTAIN
INSTITUTIONS.— 
Section 7(j)(8)(B) of the Federal Deposit Insurance 
Act (12 U.S.C. 1817(j)(8)(B)) is amended to read 
as follows: 
‘‘(B) ‘control’ means the power, directly or indi-
rectly— 
‘‘(i) to direct the management or policies 
of an insured depository institution; or 
‘‘(ii)(I) with respect to an insured deposi-
tory institution, of a person to vote 25 per cen-
tum or more of any class of voting securities of 
such institution; or 
‘‘(II) with respect to an insured depository 
institution that is an impact bank (as des-
ignated pursuant to subsection (e) of the En-
suring Diversity in Community Banking Act of 
2020) or a minority depository institution (as 
defined in section 308(b) of the Financial Insti-
tutions Reform, Recovery, and Enforcement Act 
of 1989), of an individual to vote 30 percent or 
more of any class of voting securities of such an 
impact bank or a minority depository institu-
tion.’’. 
(2) RULEMAKING.—The appropriate Federal 
banking agency (as defined in section 3 of the Fed-
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1110 
eral Deposit Insurance Act (12 U.S.C. 1813)) shall 
jointly issue rules for de novo minority depository in-
stitutions and de novo impact banks (as designated 
pursuant to subsection (e)) to allow 3 years to meet 
the capital requirements otherwise applicable to mi-
nority depository institutions and impact banks. 
(3) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the appropriate 
Federal banking agencies shall jointly submit to 
Congress a report on— 
(A) the principal causes for the low num-
ber of de novo minority depository institutions 
during the 10-year period preceding the date of 
the report; 
(B) the main challenges to the creation of 
de novo minority depository institutions and de 
novo impact banks; and 
(C) regulatory and legislative consider-
ations to promote the establishment of de novo 
minority depository institutions and de novo im-
pact banks. 
(k) REPORT ON COVERED MENTOR-PROTEGE PRO-
GRAMS.— 
(1) REPORT.—Not later than 6 months after 
the date of the enactment of this Act and annually 
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1111 
thereafter, the Secretary of the Treasury shall sub-
mit to Congress a report on participants in a cov-
ered mentor-protege program, including— 
(A) an analysis of outcomes of such pro-
gram; 
(B) the number of minority depository in-
stitutions that are eligible to participate in such 
program but do not have large financial institu-
tion mentors; and 
(C) recommendations for how to match 
such minority depository institutions with large 
financial institution mentors. 
(2) DEFINITIONS.—In this subsection: 
(A) COVERED
MENTOR-PROTEGE
PRO-
GRAM.—The term ‘‘covered mentor-protege pro-
gram’’ means a mentor-protege program estab-
lished by the Secretary of the Treasury pursu-
ant to section 45 of the Small Business Act (15 
U.S.C. 657r). 
(B) LARGE FINANCIAL INSTITUTION.—The 
term ‘‘large financial institution’’ means any 
entity— 
(i) regulated by the Comptroller of the 
Currency, the Board of Governors of the 
Federal Reserve System, the Federal De-
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1112 
posit Insurance Corporation, or the Na-
tional Credit Union Administration; and 
(ii) that has total consolidated assets 
greater than or equal to $50,000,000,000. 
(l) CUSTODIAL DEPOSIT PROGRAM FOR COVERED 
MINORITY
DEPOSITORY
INSTITUTIONS
AND
IMPACT 
BANKS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of the Treasury shall issue rules establishing 
a custodial deposit program under which a covered 
bank may receive deposits from a qualifying account. 
(2) REQUIREMENTS.—In issuing rules under 
paragraph (1), the Secretary of the Treasury shall— 
(A) ensure each covered bank participating 
in the program established under this sub-
section— 
(i) has appropriate policies relating to 
management of assets, including measures 
to ensure the safety and soundness of each 
such covered bank; and 
(ii) is compliant with applicable law; 
and 
(B) ensure, to the extent practicable that 
the rules do not conflict with goals described in 
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1113 
section 308(a) of the Financial Institutions Re-
form, Recovery, and Enforcement Act of 1989 
(12 U.S.C. 1463 note). 
(3) REPORT.—Each quarter, the Secretary of 
the Treasury shall submit to Congress a report on 
the implementation of the program established under 
this subsection including information identifying 
participating covered banks and the total amount of 
deposits received by covered banks under the pro-
gram. 
(4) DEFINITIONS.—In this subsection: 
(A) COVERED BANK.—The term ‘‘covered 
bank’’ means— 
(i) a minority depository institution 
that is well capitalized, as defined by the 
Federal Deposit Insurance Corporation or 
the National Credit Union Administration, 
as appropriate; or 
(ii) a depository institution designated 
pursuant to subsection (e) that is well cap-
italized, as defined by the Federal Deposit 
Insurance Corporation. 
(B) QUALIFYING
ACCOUNT.—The term 
‘‘qualifying account’’ means any account estab-
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1114 
lished in the Department of the Treasury 
that— 
(i) is controlled by the Secretary; and 
(ii) is expected to maintain a balance 
greater than $200,000,000 for the fol-
lowing 24-month period. 
(m) STREAMLINED COMMUNITY DEVELOPMENT FI-
NANCIAL INSTITUTION APPLICATIONS AND REPORTING.— 
(1) APPLICATION PROCESSES.—Not later than 
12 months after the date of the enactment of this 
Act and with respect to any person having assets 
under $3,000,000,000 that submits an application 
for deposit insurance with the Federal Deposit In-
surance Corporation that could also become a com-
munity development financial institution, the Fed-
eral Deposit Insurance Corporation, in consultation 
with the Administrator of the Community Develop-
ment Financial Institutions Fund, shall— 
(A) develop systems and procedures to 
record necessary information to allow the Ad-
ministrator to conduct preliminary analysis for 
such person to also become a community devel-
opment financial institution; and 
(B) develop procedures to streamline the 
application and annual certification processes 
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1115 
and to reduce costs for such person to become, 
and maintain certification as, a community de-
velopment financial institution. 
(2) IMPLEMENTATION REPORT.—Not later than 
18 months after the date of the enactment of this 
Act, the Federal Deposit Insurance Corporation 
shall submit to Congress a report describing the sys-
tems and procedures required under paragraph (1). 
(3) ANNUAL REPORT.— 
(A) IN GENERAL.—Section 17(a)(1) of the 
Federal Deposit Insurance Act (12 U.S.C. 
1827(a)(1)) is amended— 
(i) in subparagraph (E), by striking 
‘‘and’’ at the end; 
(ii) by redesignating subparagraph 
(F) as subparagraph (G); 
(iii) by inserting after subparagraph 
(E) the following new subparagraph: 
‘‘(F) applicants for deposit insurance that 
could also become a community development fi-
nancial institution (as defined in section 103 of 
the Riegle Community Development and Regu-
latory Improvement Act of 1994), a minority 
depository institution (as defined in section 308 
of the Financial Institutions Reform, Recovery, 
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1116 
and Enforcement Act of 1989), or an impact 
bank (as designated pursuant to subsection (e) 
of the Ensuring Diversity in Community Bank-
ing Act of 2020); and’’. 
(B) APPLICATION.—The amendment made 
by this paragraph shall apply with respect to 
the first report to be submitted after the date 
that is 2 years after the date of the enactment 
of this Act. 
(n) TASK FORCE ON LENDING TO SMALL BUSINESS 
CONCERNS.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of the enactment of this Act, the Ad-
ministrator of the Small Business Administration 
shall establish a task force to examine methods for 
improving relationships between the Small Business 
Administration and community development finan-
cial institutions, minority depository institutions, 
and Impact Banks to increase the volume of loans 
provided by such institutions to small business con-
cerns (as defined under section 3 of the Small Busi-
ness Act (15 U.S.C. 632)). 
(2) REPORT TO CONGRESS.—Not later than 18 
months after the establishment of the task force de-
scribed in paragraph (1), the Administrator of the 
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1117 
Small Business Administration shall submit to Con-
gress a report on the findings of such task force. 
(o) ASSISTANCE TO MINORITY DEPOSITORY INSTITU-
TIONS AND IMPACT BANKS.—The Secretary of the Treas-
ury shall establish a program to provide assistance to a 
minority depository institution or an impact bank (as des-
ignated pursuant to subsection (e)) to support growth and 
development of such minority depository institutions and 
impact banks, including by providing assistance with ob-
taining or converting a charter, bylaw amendments, field- 
of-membership expansion requests, and online training 
and resources. 
TITLE 
VIII—PROVIDING 
ASSISTANCE 
FOR 
STATE, TERRITORY, TRIBAL, AND LOCAL 
GOVERNMENTS 
SEC. 110801. EMERGENCY RELIEF FOR STATE, TERRI-
TORIAL, TRIBAL, AND LOCAL GOVERNMENTS. 
(a) PURCHASE OF COVID–19 RELATED MUNICIPAL 
ISSUANCES.—Section 14(b) of the Federal Reserve Act 
(12 U.S.C. 355) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) UNUSUAL
AND EXIGENT CIRCUMSTANCES.— 
Under unusual and exigent circumstances, to buy any 
bills, notes, revenue bonds, and warrants issued by any 
State, county, district, political subdivision, municipality, 
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1118 
or entity that is a combination of any of the several States, 
the District of Columbia, or any of the territories and pos-
sessions of the United States. In this paragraph, the term 
‘State’ means each of the several States, the District of 
Columbia, each territory and possession of the United 
States, and each federally recognized Indian Tribe.’’. 
(b) FEDERAL RESERVE AUTHORIZATION TO PUR-
CHASE COVID–19 RELATED MUNICIPAL ISSUANCES.— 
Within 7 days after the date of the enactment of this sub-
section, the Board of Governors of the Federal Reserve 
System shall modify the Municipal Liquidity Facility (es-
tablished on April 9, 2020, pursuant to section 13(3) of 
the Federal Reserve Act (12 U.S.C. 343(3))) to— 
(1) ensure such facility is operational until De-
cember 31, 2021; 
(2) allow for the purchase of bills, notes, bonds, 
and warrants with maximum maturity of 10 years 
from the date of such purchase; 
(3) ensure that any purchases made are at an 
interest rate equal to the discount window primary 
credit interest rate most recently published on the 
Federal Reserve Statistical Release on selected inter-
est rates (daily or weekly), commonly referred to as 
the ‘‘H.15 release’’ or the ‘‘Federal funds rate’’; 
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1119 
(4) ensure that an eligible issuer does not need 
to attest to an inability to secure credit elsewhere; 
and 
(5) include in the list of eligible issuers for such 
purchases— 
(A) any of the territories and possessions 
of the United States; 
(B) a political subdivision of a State with 
a population of more than 50,000 residents; 
and 
(C) an entity that is a combination of any 
of the several States, the District of Columbia, 
or any of the territories and possessions of the 
United States. 
SEC. 110802. COMMUNITY DEVELOPMENT BLOCK GRANTS. 
(a) FUNDING AND ALLOCATIONS.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There 
is 
authorized 
to 
be 
appropriated 
$5,000,000,000 for assistance in accordance with 
this section under the community development block 
grant program under title I of the Housing and 
Community Development Act of 1974 (42 U.S.C. 
5301 et seq.), which shall remain available until 
September 30, 2023. 
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1120 
(2) ALLOCATION.—Amounts made available 
pursuant to paragraph (1) shall be distributed pur-
suant to section 106 of such Act (42 U.S.C. 5306) 
to grantees and such allocations shall be made with-
in 30 days after the date of the enactment of this 
Act. 
(b) TIME LIMITATION ON EMERGENCY GRANT PAY-
MENTS.—Paragraph (4) of section 570.207(b) of the Sec-
retary’s regulations (24 C.F.R. 570.207(b)(4)) shall be 
applied with respect to grants with amounts made avail-
able pursuant to subsection (a), by substituting ‘‘121 con-
secutive months’’ for ‘‘3 consecutive months’’. 
(c) MATCHING OF AMOUNTS USED FOR ADMINISTRA-
TIVE COSTS.—Any requirement for a State to match or 
supplement amounts expended for program administration 
of State grants under section 106(d) of the Housing and 
Community Development Act of 1974 (42 U.S.C. 
5306(d)) shall not apply with respect to amounts made 
available pursuant to subsection (a). 
(d) CAPER INFORMATION.—During the period that 
begins on the date of enactment of this Act and ends on 
the date of the termination by the Federal Emergency 
Management Agency of the emergency declared on March 
13, 2020, by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
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1121 
4121 et seq.) relating to the Coronavirus Disease 2019 
(COVID-19) pandemic, the Secretary shall make all infor-
mation included in Consolidated Annual Performance and 
Evaluation Reports relating to assistance made available 
pursuant to this section publicly available on its website 
on a quarterly basis. 
(e) AUTHORITY; WAIVERS.—Any provisions of, and 
waivers and alternative requirements issued by the Sec-
retary pursuant to, the heading ‘‘Department of Housing 
and Urban Development—Community Planning and De-
velopment —Community Development Fund’’ in title XII 
of division B of the CARES Act (Public Law 116-136) 
shall apply with respect to amounts made available pursu-
ant to subsection (a) of this section. 
TITLE IX—PROVIDING OVERSIGHT AND 
PROTECTING TAXPAYERS 
SEC. 110901. MANDATORY REPORTS TO CONGRESS. 
(a) DISCLOSURE OF TRANSACTION REPORTS.—Sec-
tion 4026(b)(1)(A)(iii) of the CARES Act (Public Law 
116–136) is amended— 
(1) in subclause (IV)— 
(A) by inserting ‘‘and the justification for 
such exercise of authority’’ after ‘‘authority’’; 
and 
(B) by striking ‘‘and’’ at the end; 
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1122 
(2) in subclause (V), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(VI) the identity of each recipi-
ent of a loan or loan guarantee de-
scribed in subclause (I); 
‘‘(VII) the date and amount of 
each such loan or loan guarantee and 
the form in which each such loan or 
loan guarantee was provided; 
‘‘(VIII) the material terms of 
each such loan or loan guarantee, in-
cluding— 
‘‘(aa) duration; 
‘‘(bb) collateral pledged and 
the value thereof; 
‘‘(cc) all interest, fees, and 
other revenue or items of value to 
be received in exchange for such 
loan or loan guarantee; 
‘‘(dd) any requirements im-
posed on the recipient with re-
spect to employee compensation, 
distribution of dividends, or any 
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1123 
other corporate decision in ex-
change for the assistance; and 
‘‘(ee) the expected costs to 
the Federal Government with re-
spect to such loans or loan guar-
antees.’’. 
(b) REPORTS BY THE SECRETARY OF THE TREAS-
URY.—Section 4018 of the CARES Act (Public Law 116– 
136) is amended by adding at the end the following: 
‘‘(k) REPORTS BY THE SECRETARY.—Not later than 
7 days after the last day of each month, the Secretary 
shall submit to the Special Inspector General, the Com-
mittee on Financial Services of the House of Representa-
tives, and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a report that includes the in-
formation specified in subparagraphs (A) through (E) of 
subsection (c)(1) with respect to the making, purchase, 
management, and sale of loans, loan guarantees, and other 
investments made by the Secretary under any program es-
tablished by the Secretary under this Act.’’. 
SEC. 110902. DISCRETIONARY REPORTS TO CONGRESS. 
Section 4020(b) of the CARES Act (Public Law 116– 
136) is amended by adding at the end the following: 
‘‘(3) 
DISCRETIONARY
REPORTS
TO
CON-
GRESS.—In addition to the reports required under 
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1124 
paragraph (2), the Oversight Commission may sub-
mit other reports to Congress at such time, in such 
manner, and containing such information as the 
Oversight Commission determines appropriate.’’. 
SEC. 110903. DEFINITION OF APPROPRIATE CONGRES-
SIONAL COMMITTEES. 
(a) PANDEMIC RESPONSE ACCOUNTABILITY COM-
MITTEE.—Section 15010(a)(2) of the CARES Act (Public 
Law 116–136) is amended— 
(1) 
by 
redesignating 
subparagraphs 
(B) 
through (D) as subparagraphs (D) through (F), re-
spectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) the Committee on Banking, Housing, 
and Urban Affairs of the Senate; 
‘‘(C) the Committee on Financial Services 
of the House of Representatives;’’. 
(b) OVERSIGHT AND AUDIT AUTHORITY.—Section 
19010(a)(1) of the CARES Act (Public Law 116–136) is 
amended— 
(1) 
by 
redesignating 
subparagraphs 
(B) 
through (G) as subparagraphs (D) through (I), re-
spectively; and 
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(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) the Committee on Banking, Housing, 
and Urban Affairs of the Senate; 
‘‘(C) the Committee on Financial Services 
of the House of Representatives;’’. 
SEC. 110904. REPORTING BY INSPECTORS GENERAL. 
(a) DEFINITION OF COVERED AGENCY.—In this sec-
tion, the term ‘‘covered agency’’ means— 
(1) the Department of the Treasury; 
(2) the Federal Deposit Insurance Corporation; 
(3) the Office of the Comptroller of the Cur-
rency; 
(4) the Board of Governors of the Federal Re-
serve System; 
(5) the National Credit Union Administration; 
(6) the Bureau of Consumer Financial Protec-
tion; 
(7) the Department of Housing and Urban De-
velopment; 
(8) the Department of Agriculture, Rural Hous-
ing Service; 
(9) the Securities and Exchange Commission; 
and 
(10) the Federal Housing Finance Agency. 
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1126 
(b) REPORT.—The Inspector General of each covered 
agency shall include in each semiannual report submitted 
by the Inspector General the findings of the Inspector 
General on the effectiveness of— 
(1) rulemaking by the covered agency related to 
COVID–19; and 
(2) supervision and oversight by the covered 
agency of institutions and entities that participate in 
COVID–19-related relief, funding, lending, or other 
programs of the covered agency. 
(c) SUBMISSION.—The Inspector General of each cov-
ered agency shall submit the information required to be 
included in each semiannual report under subsection (b) 
to— 
(1) the Special Inspector General for Pandemic 
Recovery appointed under section 4018 of division A 
of the CARES Act (Public Law 116–136); 
(2) the Pandemic Response Accountability 
Committee established under section 15010 of divi-
sion B of the CARES Act (Public Law 116–136); 
and 
(3) the Congressional Oversight Commission es-
tablished under section 4020 of division A of the 
CARES Act (Public Law 116–136). 
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1127 
DIVISION L—FAMILIES, WORK-
ERS, AND COMMUNITY SUP-
PORT PROVISIONS 
TITLE 
I—AMENDMENTS 
TO 
EMERGENCY 
FAMILY 
AND 
MEDICAL LEAVE EXPANSION 
ACT AND EMERGENCY PAID 
SICK LEAVE ACT 
Subtitle A—Emergency Family and 
Medical Leave Expansion Act 
Amendments 
SEC. 120101. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2601 et seq.), as amended by the 
Emergency Family and Medical Leave Expansion Act 
(Public Law 116–127). 
SEC. 120102. EMPLOYEE ELIGIBILITY AND EMPLOYER 
CLARIFICATION. 
(a) EMPLOYEE
ELIGIBILITY.—Section 101(2) is 
amended by adding at the end the following: 
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‘‘(F) 
ALTERNATIVE
ELIGIBILITY
FOR 
COVID–19 PUBLIC HEALTH EMERGENCY .—For 
the period beginning on the date of enactment 
of the HEROES Act and ending on December 
31, 2022— 
‘‘(i) subparagraph (A)(i) shall be ap-
plied by substituting ‘90 days’ for ‘12 
months’; and 
‘‘(ii) subparagraph (A)(ii) shall not 
apply.’’. 
(b) EMPLOYER CLARIFICATION.—Section 101(4) is 
amended by adding at the end the following: 
‘‘(C) 
CLARIFICATION.—Subparagraph 
(A)(i) shall not apply with respect to a public 
agency described in subparagraph (A)(iii).’’. 
SEC. 120103. EMERGENCY LEAVE EXTENSION. 
Section 102(a)(1)(F) is amended by striking ‘‘De-
cember 31, 2020’’ and inserting ‘‘December 31, 2021’’. 
SEC. 120104. EMERGENCY LEAVE DEFINITIONS. 
(a) ELIGIBLE
EMPLOYEE.—Section 110(a)(1) is 
amended in subparagraph (A), by striking ‘‘sections 
101(2)(A) and 101(2)(B)(ii)’’ and inserting ‘‘section 
101(2)’’. 
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1129 
(b) EMPLOYER THRESHOLD.—Section 110(a)(1)(B) 
is amended by striking ‘‘fewer than 500 employees’’ and 
inserting ‘‘1 or more employees’’. 
(c) PARENT.—Section 110(a)(1) is amended by add-
ing at the end the following: 
‘‘(C) PARENT.—In lieu of the definition in 
section 101(7), the term ‘parent’, with respect 
to an employee, means any of the following: 
‘‘(i) A biological, foster, or adoptive 
parent of the employee. 
‘‘(ii) A stepparent of the employee. 
‘‘(iii) A parent-in-law of the employee. 
‘‘(iv) A parent of a domestic partner 
of the employee. 
‘‘(v) A legal guardian or other person 
who stood in loco parentis to an employee 
when the employee was a child.’’. 
(d) QUALIFYING NEED RELATED
TO
A PUBLIC 
HEALTH EMERGENCY.—Section 110(a)(2)(A) is amended 
to read as follows: 
‘‘(A) QUALIFYING
NEED
RELATED
TO
A 
PUBLIC
HEALTH
EMERGENCY.—The 
term 
‘qualifying need related to a public health emer-
gency’, with respect to leave, means that the 
employee is unable to perform the functions of 
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the position of such employee due to a need for 
leave for any of the following: 
‘‘(i) To self-isolate because the em-
ployee is diagnosed with COVID–19. 
‘‘(ii) To obtain a medical diagnosis or 
care if such employee is experiencing the 
symptoms of COVID–19. 
‘‘(iii) To comply with a recommenda-
tion or order by a public official with juris-
diction or a health care provider to self iso-
late, without regard to whether such rec-
ommendation or order is specific to the 
employee, on the basis that the physical 
presence of the employee on the job would 
jeopardize the employee’s health, the 
health of other employees, or the health of 
an individual in the household of the em-
ployee because of— 
‘‘(I) the possible exposure of the 
employee to COVID–19; or 
‘‘(II) exhibition of symptoms of 
COVID–19 by the employee. 
‘‘(iv) To care for or assist a family 
member of the employee, without regard to 
whether another individual other than the 
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employee is available to care for or assist 
such family member, because— 
‘‘(I) such family member— 
‘‘(aa) is self-isolating be-
cause such family member has 
been diagnosed with COVID–19; 
or 
‘‘(bb) is experiencing symp-
toms of COVID–19 and needs to 
obtain medical diagnosis or care; 
or 
‘‘(II) a public official with juris-
diction or a health care provider 
makes a recommendation or order 
with respect to such family member, 
without regard to whether such deter-
mination is specific to such family 
member, that the presence of the fam-
ily member in the community would 
jeopardize the health of other individ-
uals in the community because of— 
‘‘(aa) the possible exposure 
of 
such 
family 
member 
to 
COVID–19; or 
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‘‘(bb) exhibition of symp-
toms of COVID–19 by such fam-
ily member. 
‘‘(v) To care for the son or daughter 
of such employee if the school or place of 
care has been closed, or the child care pro-
vider of such son or daughter is unavail-
able, due to COVID–19. 
‘‘(vi) To care for a family member 
who is incapable of self-care because of a 
mental or physical disability or is a senior 
citizen, without regard to whether another 
individual other than the employee is avail-
able to care for such family member, if the 
place of care for such family member is 
closed or the direct care provider is un-
available due to COVID–19.’’. 
(e) FAMILY MEMBER.—Section 110(a)(2) is amended 
by adding at the end the following: 
‘‘(E) FAMILY MEMBER.—The term ‘family 
member’, with respect to an employee, means 
any of the following: 
‘‘(i) A parent of the employee. 
‘‘(ii) A spouse of the employee. 
‘‘(iii) A sibling of the employee. 
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‘‘(iv) Next of kin of the employee or 
a person for whom the employee is next of 
kin. 
‘‘(v) A son or daughter of the em-
ployee. 
‘‘(vi) A grandparent or grandchild of 
the employee. 
‘‘(vii) A domestic partner of the em-
ployee. 
‘‘(viii) Any other individual related by 
blood or affinity whose close association 
with the employee is the equivalent of a 
family relationship. 
‘‘(F) DOMESTIC PARTNER.— 
‘‘(i) IN GENERAL.—The term ‘domes-
tic partner’, with respect to an individual, 
means another individual with whom the 
individual is in a committed relationship. 
‘‘(ii) COMMITTED RELATIONSHIP DE-
FINED.—The term ‘committed relationship’ 
means a relationship between 2 individuals, 
each at least 18 years of age, in which 
each individual is the other individual’s 
sole domestic partner and both individuals 
share responsibility for a significant meas-
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1134 
ure of each other’s common welfare. The 
term includes any such relationship be-
tween 2 individuals that is granted legal 
recognition by a State or political subdivi-
sion of a State as a marriage or analogous 
relationship, including a civil union or do-
mestic partnership.’’. 
SEC. 120105. REGULATORY AUTHORITIES. 
(a) IN GENERAL.—Section 110(a) is amended by 
striking paragraph (3). 
(b) FORCE OR EFFECT OF REGULATIONS.—Any reg-
ulation issued under section 110(a)(3), as in effect on the 
day before the date of the enactment of this Act, shall 
have no force or effect. 
SEC. 120106. PAID LEAVE. 
Section 110(b) of the Family and Medical Leave Act 
of 1993 is amended— 
(1) in the heading, by striking ‘‘Relationship 
to’’; 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) EMPLOYEE ELECTION.— 
‘‘(A) IN
GENERAL.—An employee may 
elect to substitute any vacation leave, personal 
leave, or medical or sick leave for paid leave 
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under section 102(a)(1)(F) in accordance with 
section 102(d)(2)(B). 
‘‘(B) EMPLOYER REQUIREMENT.—An em-
ployer may not require an employee to sub-
stitute any leave described in subparagraph (A) 
for leave under section 102(a)(1)(F). 
‘‘(C) RELATIONSHIP
TO
OTHER
FAMILY 
AND MEDICAL LEAVE.—Leave taken under sub-
paragraph (F) of section 102(a)(1) shall not 
count towards the 12 weeks of leave to which 
an employee is entitled under subparagraphs 
(A) through (E) of such section. 
‘‘(D) RELATIONSHIP
TO
LIMITATION.— 
Compensation for any vacation leave, personal 
leave, or medical or sick leave that is sub-
stituted for leave under section 102(a)(1)(F) 
shall not count toward the limitation under 
paragraph (2)(B)(ii).’’; and 
(3) in paragraph (2)(A), by striking ‘‘that an 
employee takes’’ and all that follows through ‘‘10 
days’’. 
SEC. 120107. WAGE RATE. 
Section 110(b)(2)(B) is amended— 
(1) by amending clause (i)(I) to read as follows: 
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‘‘(I) an amount that is not less 
than the greater of— 
‘‘(aa) the minimum wage 
rate in effect under section 
6(a)(1) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 
206(a)(1)); 
‘‘(bb) the minimum wage 
rate in effect for such employee 
in the applicable State or locality, 
whichever is greater, in which the 
employee is employed; or 
‘‘(cc) two thirds of an em-
ployee’s regular rate of pay (as 
determined under section 7(e) of 
the Fair Labor Standards Act of 
1938 (29 U.S.C. 207(e)); and’’; 
and 
(2) in clause (ii), by striking ‘‘$10,000’’ and in-
serting ‘‘$12,000’’. 
SEC. 120108. NOTICE. 
Section 110(c) is amended by striking ‘‘for the pur-
pose described in subsection (a)(2)(A)’’. 
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1137 
SEC. 120109. INTERMITTENT LEAVE. 
Section 110 is amended by adding at the end the fol-
lowing: 
‘‘(e) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
DUCED
WORK
SCHEDULE.—Leave 
under 
section 
102(a)(1)(F) may be taken by an employee intermittently 
or on a reduced work schedule, without regard to whether 
the employee and the employer of the employee have an 
agreement with respect to whether such leave may be 
taken intermittently or on a reduced work schedule.’’. 
SEC. 120110. CERTIFICATION. 
Section 110 is further amended by adding at the end 
the following: 
‘‘(f) CERTIFICATION.— 
‘‘(1) IN
GENERAL.—If an employer requires 
that a request for leave under section 102(a)(1)(F) 
be certified, the employer may require documenta-
tion for certification not earlier than 5 weeks after 
the date on which the employee takes such leave. 
‘‘(2) SUFFICIENT
CERTIFICATION.—The fol-
lowing documentation shall be sufficient for certifi-
cation: 
‘‘(A) With respect to leave taken for the 
purposes described in clauses (i) through (iv) of 
subsection (a)(2)(A)— 
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‘‘(i) a recommendation or order from 
a public official having jurisdiction or a 
health care provider that the employee or 
relevant family member has symptoms of 
COVID–19 or should self-isolate; or 
‘‘(ii) documentation or evidence, in-
cluding an oral or written statement from 
an employee, that the employee or relevant 
family member has been exposed to 
COVID–19. 
‘‘(B) With respect to leave taken for the 
purposes described in clause (v) or (vi) of sub-
section (a)(2)(A), notice from the school, place 
of care, or child care or direct care provider of 
the son or daughter or other family member of 
the employee of closure or unavailability.’’. 
SEC. 120111. AUTHORITY OF THE DIRECTOR OF THE OF-
FICE OF MANAGEMENT AND BUDGET TO EX-
CLUDE CERTAIN EMPLOYEES. 
Section 110(a) is amended by striking paragraph (4). 
SEC. 120112. TECHNICAL AMENDMENTS. 
(a) Section 110(a)(1)(A) is amended by striking 
‘‘(ii)’’ before ‘‘SPECIAL RULE’’ and inserting ‘‘(iii)’’. 
(b) Section 19008 of the CARES Act is amended— 
(1) by striking ‘‘—’’ after ‘‘amended’’; 
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(2) by striking paragraph (1); and 
(3) by striking ‘‘(2)’’ before ‘‘by adding at the 
end’’. 
SEC. 120113. AMENDMENTS TO THE EMERGENCY FAMILY 
AND MEDICAL LEAVE EXPANSION ACT. 
The Emergency Family and Medical Leave Expan-
sion Act (Public Law 116–127) is amended— 
(1) in section 3103(b), by striking ‘‘Employees’’ 
and 
inserting, 
‘‘Notwithstanding 
section 
102(a)(1)(A) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2612(a)(1)(A)), employees’’; and 
(2) by striking sections 3104 and 3105. 
Subtitle B—Emergency Paid Sick 
Leave Act Amendments 
SEC. 120114. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of division E of the Families 
First Coronavirus Response Act (Public Law 116–127). 
SEC. 120115. PAID SICK TIME REQUIREMENT. 
(a) USES.—Section 5102(a) is amended to read as 
follows: 
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1140 
‘‘(a) IN GENERAL.—An employer shall provide to 
each employee employed by the employer paid sick time 
for any qualifying need related to a public health emer-
gency (as defined in section 110(a)(2)(A) of the Family 
and 
Medical 
Leave 
Act 
of 
1993 
(29 
U.S.C. 
2620(a)(2)(A)).’’. 
(b) RECURRENCE.—Section 5102(b) is amended by 
striking ‘‘An’’ and inserting ‘‘During any 12-month pe-
riod, an’’. 
(c) EMPLOYERS WITH EXISTING POLICIES.—Section 
5102 is amended by striking subsection (f) and inserting 
the following: 
‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—With 
respect to an employer that provides paid leave on the day 
before the date of enactment of this Act— 
‘‘(1) the paid sick time under this Act shall be 
made available to employees of the employer in addi-
tion to such paid leave; and 
‘‘(2) the employer may not change such paid 
leave on or after such date of enactment to avoid 
being subject to paragraph (1).’’. 
(d) INTERMITTENT LEAVE.—Section 5102 is further 
amended by adding at the end the following: 
‘‘(g) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
DUCED WORK SCHEDULE.—Leave under section 5102 
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may be taken by an employee intermittently or on a re-
duced work schedule, without regard to whether the em-
ployee and the employer of the employee have an agree-
ment with respect to whether such leave may be taken 
intermittently or on a reduced work schedule.’’. 
(e) CERTIFICATION.—Section 5102 is further amend-
ed by adding at the end the following: 
‘‘(h) CERTIFICATION.—If an employer requires that 
a request for paid sick time under this section be cer-
tified— 
‘‘(1) the documentation described in paragraph 
(2) of section 110(f) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2620(f)) shall be suf-
ficient for certification; and 
‘‘(2) an employer may not require such certifi-
cation unless— 
‘‘(A) the employee takes not less than 3 
consecutive days of paid sick time; and 
‘‘(B) the employer requires documents for 
such certification not earlier than 7 workdays 
after the employee returns to work after such 
paid sick time.’’. 
(f) NOTICE.—Section 5102 is further amended by 
adding at the end the following: 
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‘‘(i) NOTICE.—In any case where the necessity for 
leave under this section is foreseeable, an employee shall 
provide the employer with such notice of leave as is prac-
ticable.’’. 
(g) LEAVE TRANSFER TO NEW EMPLOYER.—Section 
5102 is further amended by adding at the end the fol-
lowing: 
‘‘(j) LEAVE TRANSFER TO NEW EMPLOYER.—A cov-
ered employee who begins employment with a new covered 
employer shall be entitled to the full amount of leave under 
section 5102 with respect to such employer.’’. 
(h) RESTORATION TO POSITION.— 
(1) IN
GENERAL.—Section 5102 is further 
amended by adding at the end the following: 
‘‘(k) RESTORATION TO POSITION.—Any covered em-
ployee who takes paid sick time under this section, on re-
turn from such paid sick time, shall be entitled— 
‘‘(1) to be restored by the employer to the posi-
tion of employment held by the employee when the 
leave commenced; or 
‘‘(2) if such position is not available, to be re-
stored to an equivalent position with equivalent em-
ployment benefits, pay, and other terms and condi-
tions of employment.’’. 
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1143 
(2) ENFORCEMENT.—Section 5105 is amend-
ed— 
(A) by amending subsection (a) to read as 
follows: 
‘‘(a) UNPAID SICK LEAVE.—Subject to subsection 
(b), a violation of section 5102 shall be deemed a violation 
of section 7 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 207) and unpaid amounts shall be treated as un-
paid overtime compensation under such section for the 
purposes of sections 15 and 16 of such Act (29 U.S.C. 
215 and 216).’’; and 
(B) in subsection (b), by inserting ‘‘section 
5102(k) or’’ before ‘‘section 5104’’. 
SEC. 120116. SUNSET. 
Section 5109 is amended by striking ‘‘December 31, 
2020’’ and inserting ‘‘December 31, 2021’’. 
SEC. 120117. DEFINITIONS. 
(a) EMPLOYER.—Section 5110(2)(B) is amended— 
(1) by striking ‘‘terms’’ and inserting ‘‘term’’; 
(2) by amending subclause (I) of clause (i) to 
read as follows: 
‘‘(I) means any person engaged 
in commerce or in any industry or ac-
tivity affecting commerce that employs 
1 or more employees;’’; and 
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1144 
(3) by amending clause (ii) to read as follows: 
‘‘(ii) PUBLIC AGENCY AND NON-PROF-
IT
ORGANIZATIONS.—For 
purposes 
of 
clause (i)(III) and (i)(I), a public agency 
and a nonprofit organization shall be con-
sidered to be a person engaged in com-
merce or in an industry or activity affect-
ing commerce.’’. 
(b) FMLA TERMS.—Section 5110(4) is amended to 
read as follows: 
‘‘(4) FMLA TERMS.— 
‘‘(A) SECTION 101.—The terms ‘health 
care provider’, ‘next of kin’, ‘son or daughter’, 
and ‘spouse’ have the meanings given such 
terms in section 101 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611). 
‘‘(B) SECTION 110.—The terms ‘child care 
provider’, ‘domestic partner’, ‘family member’, 
‘parent’, and ‘school’ have the meanings given 
such terms in section 110(a)(2) of the Family 
and Medical and Leave Act of 1993.’’. 
(c) PAID SICK TIME.—Section 5110(5) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘reason de-
scribed in any paragraph of section 2(a)’’ and 
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inserting ‘‘qualifying need related to a public 
health emergency’’; and 
(B) in clause (ii), by striking ‘‘exceed’’ and 
all that follows and inserting ‘‘exceed $511 per 
day and $5,110 in the aggregate.’’; 
(2) in subparagraph (B)— 
(A) by striking the following: 
‘‘(B) REQUIRED COMPENSATION.— 
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (A)(ii),’’; and inserting the fol-
lowing: 
‘‘(B) REQUIRED COMPENSATION.—Subject 
to subparagraph (A)(ii),’’; and 
(B) by striking clause (ii); and 
(3) in subparagraph (C), by striking ‘‘ section 
2(a)’’ and inserting ‘‘section 5102(a)’’. 
(d) QUALIFYING NEED RELATED
TO
A PUBLIC 
HEALTH EMERGENCY.—Section 5110 is amended by add-
ing at the end the following: 
‘‘(1) QUALIFYING NEED RELATED TO A PUBLIC 
HEALTH
EMERGENCY.—The term ‘qualifying need 
related to a public health emergency’ has the mean-
ing given such term in section 110(a)(2)(A) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2620(a)(2)(A)).’’. 
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SEC. 120118. EMERGENCY PAID SICK LEAVE FOR EMPLOY-
EES OF THE DEPARTMENT OF VETERANS AF-
FAIRS AND THE TRANSPORTATION SECURITY 
ADMINISTRATION FOR PURPOSES RELATING 
TO COVID–19. 
Section 5110(1) is further amended— 
(1) in subparagraph (E) by striking ‘‘or’’ after 
‘‘Code;’’; 
(2) by redesignating subparagraph (F) as sub-
paragraph (H); and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) notwithstanding sections 7421(a) or 
7425(b) of title 38, United States Code, or any 
other provision of law, an employee of the De-
partment of Veterans Affairs (including employ-
ees under chapter 74 of such title); 
‘‘(G) any employee of the Transportation 
Security Administration, including an employee 
under 111(d) of the Aviation and Transpor-
tation Security Act (49 U.S.C. 44935 note); 
or’’. 
SEC. 120119. AUTHORITY OF THE DIRECTOR OF THE OF-
FICE OF MANAGEMENT AND BUDGET TO EX-
CLUDE CERTAIN EMPLOYEES. 
Division E is amended by striking section 5112. 
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SEC. 120120. REGULATORY AUTHORITIES. 
(a) IN GENERAL.—Division E is amended by striking 
section 5111. 
(b) FORCE OR EFFECT OF REGULATIONS.—Any reg-
ulation issued under section 5111 of division E of the 
Families First Coronavirus Response Act (Public Law 
116–127), as in effect on the day before the date of the 
enactment of this Act, shall have no force or effect. 
TITLE II—COVID–19 WORKFORCE 
DEVELOPMENT 
RESPONSE 
ACTIVITIES 
SEC. 120201. DEFINITIONS AND SPECIAL RULE. 
(a) DEFINITIONS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided, the terms in this title have the meanings 
given the terms in section 3 of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3102). 
(2) APPRENTICESHIP; APPRENTICESHIP
PRO-
GRAM.—The terms ‘‘apprenticeship’’ or ‘‘apprentice-
ship program’’ mean an apprenticeship program reg-
istered under the Act of August 16, 1937 (commonly 
known as the ‘‘National Apprenticeship Act’’) (50 
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), in-
cluding any requirement, standard, or rule promul-
gated under such Act, as such requirement, stand-
ard, or rule was in effect on December 30, 2019. 
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(3) CORONAVIRUS.—The term ‘‘coronavirus’’ 
means coronavirus as defined in section 506 of the 
Coronavirus Preparedness and Response Supple-
mental Appropriations Act, 2020 (Public Law 116– 
123). 
(4) COVID–19 NATIONAL
EMERGENCY.—The 
term ‘‘COVID–19 national emergency’’ means the 
national emergency declared by the President under 
the National Emergencies Act (50 U.S.C. 1601 et 
seq.) on March 13, 2020, with respect to the 
coronavirus. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(b) SPECIAL RULE.—For purposes of this Act, in fis-
cal years 2020 and 2021, funds are authorized to be ap-
propriated for activities under the Workforce Innovation 
and Opportunity Act, except that funds are only author-
ized to support apprenticeship programs as defined under 
subsection (a)(2) of this section, including any funds 
awarded for the purposes of grants, contracts, or coopera-
tive agreements, or the development, implementation, or 
administration, of an apprenticeship or an apprenticeship 
program. 
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SEC. 120202. JOB CORPS RESPONSE TO THE COVID–19 NA-
TIONAL EMERGENCY. 
In order to provide for the successful continuity of 
services and enrollment periods during the COVID–19 na-
tional emergency, additional flexibility shall be provided 
for Job Corps operators, providers of eligible activities, 
and practitioners, including the following: 
(1) ELIGIBILITY.—Notwithstanding the age re-
quirements for enrollment under section 144(a)(1) 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3194(a)(1)), an individual seeking to en-
roll in Job Corps and who turns 25 during the 
COVID–19 national emergency is eligible for such 
enrollment. 
(2) ENROLLMENT
LENGTH.—Notwithstanding 
section 146(b) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3196(b)), an individual en-
rolled in Job Corps during the COVID–19 national 
emergency may extend their period of enrollment for 
more than 2 years as long as such extension does 
not exceed a 2-year, continuous period of enrollment 
after the COVID–19 national emergency. 
(3) ADVANCED CAREER TRAINING PROGRAMS.— 
Notwithstanding paragraph (2), with respect to ad-
vanced career training programs under section 
148(c) of the Workforce Innovation and Opportunity 
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Act (29 U.S.C. 3198(c)) in which the enrollees may 
continue to participate for a period not to exceed 1 
year in addition to the period of participation to 
which the enrollees would otherwise be limited, the 
COVID–19 national emergency shall not be consid-
ered as any portion of such additional 1-year partici-
pation period. 
(4) COUNSELING, JOB
PLACEMENT, AND
AS-
SESSMENT.—The counseling, job placement, and as-
sessment services described in section 149 of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3199) shall be available to former enrollees— 
(A) whose enrollment was interrupted due 
to the COVID–19 national emergency; 
(B) who graduated from Job Corps on or 
after January 1, 2020; or 
(C) who graduated from Job Corps not 
later than 3 months after the COVID–19 na-
tional emergency. 
(5) SUPPORT.—The Secretary shall provide ad-
ditional support for the transition periods described 
in section 150 of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3200), including the fol-
lowing: 
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(A) TRANSITION ALLOWANCES.—The Sec-
retary shall provide, subject to the availability 
of appropriations, for the provision of additional 
transition allowances as described in subsection 
(b) of such section 150 (29 U.S.C. 3200) for 
Job Corps students who graduate during the 
periods described in subparagraph (B) or (C) of 
paragraph (4) of this paragraph. 
(B) TRANSITION SUPPORT.—The Secretary 
shall consider the period during the COVID–19 
national emergency and the three month period 
following the conclusion of the COVID–19 na-
tional emergency as the period in which the 
provision of employment services as described in 
subsection (c) of such section 150 (29 U.S.C. 
3200) shall be provided to graduates who have 
graduated in 2020. 
SEC. 120203. NATIVE AMERICAN PROGRAMS RESPONDING 
TO THE COVID–19 NATIONAL EMERGENCY. 
As a result of challenges faced by the COVID–19 na-
tional emergency, the Secretary may extend, by 1 fiscal 
year, the 4-year period for grants, contracts, and coopera-
tive agreements that will be awarded in fiscal year 2021 
under subsection (c) of section 166 of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3221) for funds 
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under such grants, contracts, and cooperative agreements 
to be used to carry out the activities described in sub-
section (d) of such section through fiscal year 2025. 
SEC. 120204. MIGRANT AND SEASONAL FARMWORKER PRO-
GRAM RESPONSE. 
(a) COMPETITIVE GRANT AWARDS.—As a result of 
challenges faced by the COVID–19 national emergency, 
the Secretary may extend, by 1 fiscal year, the 4-year pe-
riod for grants and contracts that will be awarded in fiscal 
year 2021 under subsection (a) of section 167 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3222) for funds under such grants and contracts to be 
used to carry out the activities described in subsection (d) 
of such section through fiscal year 2025. 
(b) ELIGIBLE
MIGRANT
AND
SEASONAL
FARM-
WORKER.—Notwithstanding the definition of ‘‘eligible sea-
sonal farmworker’’ in section 167(i)(3) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3222(i)(3)), 
an individual seeking to enroll in a program funded under 
section 167 of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3222) during the COVID–19 national 
emergency is eligible for such enrollment if such individual 
is a member of a family with a total family income equal 
to or less than 150 percent of the poverty line. 
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1153 
SEC. 120205. YOUTHBUILD ACTIVITIES RESPONDING TO 
THE COVID–19 NATIONAL EMERGENCY. 
During the COVID–19 national emergency, the Sec-
retary shall provide for flexibility for YouthBuild partici-
pants and entities carrying out YouthBuild programs, in-
cluding the following: 
(1) ELIGIBILITY.— Notwithstanding the age re-
quirements 
for 
enrollment 
under 
section 
171(e)(1)(A)(i) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an indi-
vidual seeking to participate in a YouthBuild pro-
gram and who turns 25 during the COVID–19 na-
tional emergency is eligible for such participation. 
(2) PARTICIPATION LENGTH.—Notwithstanding 
section 171(e)(2) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3226(e)(2)), the period 
of participation in a YouthBuild program may ex-
tend beyond 24 months for an individual partici-
pating in such program during the COVID–19 na-
tional emergency, as long as such extension does not 
exceed a 24 month, continuous period of enrollment 
after the COVID–19 national emergency. 
SEC. 120206. APPRENTICESHIP SUPPORT DURING THE 
COVID–19 NATIONAL EMERGENCY. 
Not later than 30 days after the date of enactment 
of this Act, the Secretary shall identify and disseminate 
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strategies and tools to support virtual and online learning 
and training in apprenticeship programs. 
TITLE 
III—COVID–19 
EVERY 
WORKER 
PROTECTION 
ACT 
OF 2020 
SEC. 120301. SHORT TITLE. 
This title may be cited as the ‘‘COVID–19 Every 
Worker Protection Act of 2020’’. 
SEC. 120302. EMERGENCY TEMPORARY AND PERMANENT 
STANDARDS. 
(a) EMERGENCY TEMPORARY STANDARD.— 
(1) IN GENERAL.—In consideration of the grave 
danger presented by COVID–19 and the need to 
strengthen protections for employees, notwith-
standing the provisions of law and the Executive or-
ders listed in paragraph (7), not later than 7 days 
after the date of enactment of this Act, the Sec-
retary of Labor shall promulgate an emergency tem-
porary standard to protect from occupational expo-
sure to SARS–CoV–2— 
(A) employees of health care sector em-
ployers; 
(B) employees of employers in the para-
medic and emergency medical services, includ-
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ing such services provided by firefighters and 
other emergency responders; and 
(C) other employees at occupational risk of 
such exposure. 
(2) CONSULTATION.—In developing the stand-
ard under this subsection, the Secretary of Labor— 
(A) shall consult with— 
(i) the Director of the Centers for 
Disease Control and Prevention; 
(ii) the Director of the National Insti-
tute for Occupational Safety and Health; 
and 
(B) may consult with the professional asso-
ciations and representatives of the employees in 
the occupations and sectors described in sub-
paragraphs (A) through (C) of paragraph (1). 
(3) ENFORCEMENT DISCRETION.—If the Sec-
retary of Labor determines it is not feasible for an 
employer to comply with a requirement of the stand-
ard promulgated under this subsection (such as a 
shortage of the necessary personal protective equip-
ment), the Secretary may exercise discretion in the 
enforcement of such requirement if the employer 
demonstrates that the employer— 
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(A) is exercising due diligence to come into 
compliance with such requirement; and 
(B) is implementing alternative methods 
and measures to protect employees. 
(4) 
EXTENSION
OF
STANDARD.—Notwith-
standing paragraphs (2) and (3) of section 6(c) of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(c)), the emergency temporary standard 
promulgated under this subsection shall be in effect 
until the date on which the final standard promul-
gated under subsection (b) is in effect. 
(5) STATE PLAN ADOPTION.—With respect to a 
State with a State plan that has been approved by 
the Secretary of Labor under section 18 of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 667), not later than 14 days after the date 
of enactment of this Act, such State shall promul-
gate an emergency temporary standard that is at 
least as effective in protecting from occupational ex-
posure to SARS–CoV–2 the employees in the occu-
pations and sectors described in subparagraphs (A) 
through (C) of paragraph (1) as the emergency tem-
porary standard promulgated under this subsection. 
(6) EMPLOYER DEFINED.—For purposes of the 
standard promulgated under this subsection, the 
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term ‘‘employer’’ (as defined in section 3 of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 652)) includes any State or political subdivi-
sion of a State, except for a State or political sub-
division of a State already subject to the jurisdiction 
of a State plan approved under section 18(b) of the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 667(b)). 
(7) INAPPLICABLE
PROVISIONS
OF
LAW
AND 
EXECUTIVE ORDER.—The provisions of law and the 
Executive orders list in this paragraph are as fol-
lows: 
(A) The requirements of chapter 6 of title 
5, United States Code (commonly referred to as 
the ‘‘Regulatory Flexibility Act’’). 
(B) Subchapter I of chapter 35 of title 44, 
United States Code (commonly referred to as 
the ‘‘Paperwork Reduction Act’’). 
(C) The Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1501 et seq.). 
(D) Executive Order 12866 (58 Fed. Reg. 
190; relating to regulatory planning and re-
view), as amended. 
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(E) Executive Order 13771 (82 Fed. Reg. 
9339, relating to reducing regulation and con-
trolling regulatory costs). 
(b) PERMANENT STANDARD.—Not later than 24 
months after the date of enactment of this Act, the Sec-
retary of Labor shall, pursuant to section 6 of the Occupa-
tional Safety and Health Act (29 U.S.C. 655), promulgate 
a final standard— 
(1) to protect employees in the occupations and 
sectors described in subparagraphs (A) through (C) 
of subsection (a)(1) from occupational exposure to 
infectious pathogens, including novel pathogens; and 
(2) that shall be effective and enforceable in the 
same manner and to the same extent as a standard 
promulgated under section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(b)). 
(c) REQUIREMENTS.—Each standard promulgated 
under this section shall include— 
(1) a requirement that the employers of the em-
ployees in the occupations and sectors described in 
subparagraphs (A) through (C) of subsection 
(a)(1)— 
(A) develop and implement a comprehen-
sive infectious disease exposure control plan, 
with the input and involvement of employees or, 
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where applicable, the representatives of employ-
ees, as appropriate, to address the risk of occu-
pational exposure in such sectors and occupa-
tions; and 
(B) record and report each work-related 
COVID–19 infection and death, as set forth in 
part 1904 of title 29, Code of Federal Regula-
tions (as in effect on the date of enactment of 
this Act); 
(2) no less protection for novel pathogens than 
precautions mandated by standards adopted by a 
State plan that has been approved by the Secretary 
of Labor under section 18 of the Occupational Safe-
ty and Health Act of 1970 (29 U.S.C. 667); and 
(3) the incorporation, as appropriate, of— 
(A) guidelines issued by the Centers for 
Disease Control and Prevention, the National 
Institute for Occupational Safety and Health, 
and the Occupational Safety and Health Ad-
ministration which are designed to prevent the 
transmission of infectious agents in health care 
or other occupational settings; and 
(B) relevant scientific research on novel 
pathogens. 
(d) ANTI-RETALIATION.— 
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(1) 
POLICY.—Each 
standard 
promulgated 
under this section shall require employers to adopt 
a policy prohibiting the discrimination and retalia-
tion described in paragraph (2) by any person (in-
cluding an agent of the employer). 
(2) PROHIBITION.—No employer (including an 
agent of the employer) shall discriminate or retaliate 
against an employee for— 
(A) reporting to the employer, to a local, 
State, or Federal government agency, or to the 
media or on a social media platform— 
(i) a violation of a standard promul-
gated pursuant to this Act; 
(ii) a violation of an infectious disease 
exposure control plan described in sub-
section (c)(1); or 
(iii) a good faith concern about a 
workplace infectious disease hazard; 
(B) seeking assistance or intervention from 
the employer or a local, State, or Federal gov-
ernment agency with respect to such a report; 
(C) voluntary use of personal protective 
equipment with a higher level of protection than 
is provided by the employer; or 
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(D) exercising any other right under the 
Occupational Safety and Health Act of 1970 
(29 U.S.C. 651 et seq.). 
(3) ENFORCEMENT.—This subsection shall be 
enforced in the same manner and to the same extent 
as any standard promulgated under section 6(b) of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(b)). 
SEC. 120303. SURVEILLANCE, TRACKING, AND INVESTIGA-
TION OF WORK-RELATED CASES OF COVID–19. 
The Director of the Centers for Disease Control and 
Prevention, in conjunction with the Director of the Na-
tional Institute for Occupational Safety and Health, 
shall— 
(1) collect and analyze case reports, including 
information on the work status, occupation, and in-
dustry classification of an individual, and other data 
on COVID–19, to identify and evaluate the extent, 
nature, and source of COVID–19 among employees 
in the occupations and sectors described in subpara-
graphs (A) through (C) of section 120302(a)(1); 
(2) investigate, as appropriate, individual cases 
of COVID–19 among such employees to evaluate the 
source of exposure and adequacy of infection and ex-
posure control programs and measures; 
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(3) provide regular periodic reports on COVID– 
19 among such employees to the public; and 
(4) based on such reports and investigations, 
make recommendations on needed actions or guid-
ance to protect such employees. 
TITLE IV—COMMUNITY AND 
FAMILY SUPPORT 
SEC. 120401. MATCHING FUNDS WAIVER FOR FORMULA 
GRANTS AND SUBGRANTS UNDER THE FAM-
ILY VIOLENCE PREVENTION AND SERVICES 
ACT. 
(a) WAIVER OF MATCHING FUNDS FOR AWARDED 
GRANTS AND SUBGRANTS.—The Secretary of Health and 
Human Services shall waive— 
(1) the non-Federal contributions requirement 
under subsection (c)(4) of section 306 of the Family 
Violence Prevention and Services Act (42 U.S.C. 
10406) with respect to the grants and subgrants 
awarded in fiscal years 2019 and 2020 to each State 
(as defined in section 302 of such Act (42 U.S.C. 
10402)) and the eligible entities within such State 
under such section or section 308 of such Act (42 
U.S.C. 10408); and 
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1163 
(2) the reporting requirements required under 
such grants and subgrants that relate to such non- 
Federal contributions requirement. 
(b) WAIVER
OF MATCHING FUNDS
FOR GRANTS 
AWARDED AFTER DATE OF ENACTMENT.— 
(1) IN GENERAL.—Subsection (c)(4) of section 
306 of the Family Violence Prevention and Services 
Act (42 U.S.C. 10406) shall not apply to a qualified 
grant during the period of a 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. 
(2) QUALIFIED GRANT DEFINED.—In this sub-
section, the term ‘‘qualified grant’’ means a grant or 
subgrant awarded— 
(A) after the date of the enactment of this 
section; and 
(B) under section 306, 308, or 309 of the 
Family Violence Prevention and Services Act 
(42 U.S.C. 10406; 10408; 10409). 
SEC. 120402. DISTRIBUTION OF CERTAIN FUNDS APPRO-
PRIATED FOR THE COMMUNITY SERVICES 
BLOCK GRANT ACT. 
(a) DISTRIBUTION
OF CARES ACT FUNDS
TO 
STATES.—Section 675B(b)(3) of the Community Services 
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Block Grant Act (42 U.S.C. 9906(b)(3)) shall not apply 
with respect to funds appropriated by the CARES Act 
(Public Law 116–136) to carry out the Community Serv-
ices Block Grant Act (42 U.S.C.9901 et seq.). 
(b) INCREASED POVERTY LINE.—For purposes of 
carrying out the Community Services Block Grant Act (42 
U.S.C. 9901 et seq.) with any funds appropriated for fis-
cal year 2020 for such Act, the term ‘‘poverty line’’ as 
defined in section 673(2) of such Act (42 U.S.C. 9902(2)) 
means 200 percent of the poverty line otherwise applicable 
under such section (excluding the last sentence of such 
section) without regard to this subsection. 
SEC. 120403. USE OF LIHEAP SUPPLEMENTAL APPROPRIA-
TIONS. 
Notwithstanding the Low-Income Home Energy As-
sistance Act of 1981, with respect to amounts appro-
priated under title VI of division A of this Act to carry 
out the Low-Income Home Energy Assistance Act of 
1981, each State, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the Virgin Islands of the United 
States, the Commonwealth of the Northern Mariana Is-
lands, and each Indian Tribe, as applicable, that receives 
an allotment of funds from such amounts— 
(1) shall, in using such funds, for purposes of 
income eligibility, accept proof of job loss or severe 
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income loss dated after February 29, 2020, such as 
a layoff or furlough notice or verification of applica-
tion for unemployment benefits, as sufficient to dem-
onstrate lack of income for an individual or house-
hold; and 
(2) may use not more than 12.5 percent of such 
funds for administrative costs. 
TITLE 
V—COVID–19 
PROTEC-
TIONS 
UNDER 
LONGSHORE 
AND 
HARBOR 
WORKERS’ 
COMPENSATION ACT 
SEC. 
120501. 
COMPENSATION 
PURSUANT 
TO 
THE 
LONGSHORE AND HARBOR WORKERS’ COM-
PENSATION ACT. 
(a) ENTITLEMENT TO COMPENSATION.— 
(1) IN GENERAL.—A covered employee who re-
ceives a diagnosis or is subject to an order described 
in paragraph (2)(B) and who provides notice of or 
files a claim relating to such diagnosis or order 
under section 12 or 13 of the Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 912, 913), 
respectively, shall— 
(A) be deemed to have an injury arising 
out of or in the course of employment for which 
compensation is payable under the Longshore 
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1166 
and Harbor Workers’ Compensation Act (33 
U.S.C. 901 et seq.); and 
(B) be paid the compensation to which the 
employee is entitled under such Act (33 U.S.C. 
901 et seq.). 
(2) COVERED EMPLOYEE.—In this section, the 
term ‘‘covered employee’’ means an employee who— 
(A) at any time during the period begin-
ning on January 27, 2020, and ending on Jan-
uary 27, 2022, was engaged in maritime em-
ployment; and 
(B) was— 
(i) at any time during the period be-
ginning on January 27, 2020, and ending 
on February 27, 2022, diagnosed with 
COVID–19; or 
(ii) at any time during the period de-
scribed in subparagraph (A), ordered not 
to return to work by the employee’s em-
ployer or by a local, State, or Federal 
agency because of exposure, or the risk of 
exposure, to 1 or more individuals diag-
nosed with COVID–19 in the workplace. 
(b) REIMBURSEMENT.— 
(1) IN GENERAL.— 
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(A) ENTITLEMENT.—Subject to subpara-
graph (B), an employer of a covered employee 
or the employer’s carrier shall be entitled to re-
imbursement for any compensation paid with 
respect to a notice or claim described in sub-
section (a), including disability benefits, funeral 
and burial expenses, medical or other related 
costs for treatment and care, and reasonable 
and necessary allocated claims expenses. 
(B) SAFETY
AND
HEALTH
REQUIRE-
MENTS.—To be entitled to reimbursement 
under subparagraph (A)— 
(i) an employer shall be in compliance 
with all applicable safety and health guide-
lines and standards that are related to the 
prevention of occupational exposure to 
COVID–19, including such guidelines and 
standards issued by the Occupational Safe-
ty and Health Administration, State plans 
approved under section 18 of the Occupa-
tional Safety and Health Act of 1970 (29 
U.S.C. 667), the Coast Guard, and Fed-
eral, State or local public health authori-
ties; and 
(ii) a carrier— 
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(I) shall be a carrier for an em-
ployer that is in compliance with 
clause (i); and 
(II) shall not adjust the experi-
ence rating or the annual premium of 
the employer based upon the com-
pensation paid by the carrier with re-
spect to a notice or claim described in 
subparagraph (A). 
(2) REIMBURSEMENT
PROCEDURES.—To re-
ceive reimbursement under paragraph (1)— 
(A) a claim for such reimbursement shall 
be submitted to the Secretary of Labor— 
(i) not later than one year after the 
final payment of compensation to a covered 
employee pursuant to this section; and 
(ii) in the same manner as a claim for 
reimbursement is submitted in accordance 
with part 61 of title 20, Code of Federal 
Regulations (as in effect on the date of en-
actment of this Act); and 
(B) an employer and the employer’s carrier 
shall make, keep, and preserve such records, 
make such reports, and provide such informa-
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1169 
tion, as the Secretary of Labor determines nec-
essary or appropriate to carry out this section. 
(c) SPECIAL FUND.— 
(1) IN
GENERAL.—A reimbursement under 
paragraph (1) shall be paid out of the special fund 
established in section 44 of Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 944). 
(2) FUNDING.—There are authorized to be ap-
propriated, and there are appropriated, such funds 
as may be necessary to reimburse the special fund 
described in paragraph (1) for each reimbursement 
paid out of such fund under paragraph (1). 
(d) REPORT.—Not later than 60 days after the end 
of fiscal year 2020, 2021, and 2022, the Secretary of 
Labor shall submit to the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Health, Education, Labor and Pensions of the Senate, 
an annual report enumerating— 
(1) the number of claims filed pursuant to sec-
tion (a)(1); 
(2) of such filed claims— 
(A) the number and types of claims ap-
proved under section 13 of the Longshore and 
Harbor Workers’ Compensation Act (33 U.S.C. 
913); 
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(B) the number and types of claims denied 
under such section; 
(C) the number and types of claims pend-
ing under such section; and 
(3) the amounts and the number of claims for 
reimbursement paid out of the special fund under 
subsection (c)(1) for the fiscal year for which the re-
port is being submitted. 
(e) REGULATIONS.—The Secretary of Labor may 
promulgate such regulations as may be necessary to carry 
out this section. 
(f) LHWCA TERMS.—In this section, the terms ‘‘car-
rier’’, ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 
the meanings given the terms in section 2 of the 
Longshore and Harbor Workers’ Compensation Act (33 
U.S.C. 902). 
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1171 
DIVISION 
M—CONSUMER 
PRO-
TECTION 
AND 
TELE-
COMMUNICATIONS 
PROVI-
SIONS 
TITLE I—COVID–19 PRICE 
GOUGING PREVENTION 
SEC. 130101. SHORT TITLE. 
This title may be cited as the ‘‘COVID–19 Price 
Gouging Prevention Act’’. 
SEC. 130102. PREVENTION OF PRICE GOUGING. 
(a) IN GENERAL.—For the duration of a public 
health emergency declared pursuant to section 319 of the 
Public Health Service Act (42 U.S.C. 247d) as a result 
of confirmed cases of 2019 novel coronavirus (COVID– 
19), including any renewal thereof, it shall be unlawful 
for any person to sell or offer for sale a good or service 
at a price that— 
(1) is unconscionably excessive; and 
(2) indicates the seller is using the cir-
cumstances related to such public health emergency 
to increase prices unreasonably. 
(b) FACTORS FOR CONSIDERATION.—In determining 
whether a person has violated subsection (a), there shall 
be taken into account, with respect to the price at which 
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1172 
such person sold or offered for sale the good or service, 
factors that include the following: 
(1) Whether such price grossly exceeds the av-
erage price at which the same or a similar good or 
service was sold or offered for sale by such person— 
(A) during the 90-day period immediately 
preceding January 31, 2020; or 
(B) during the period that is 45 days be-
fore or after the date that is one year before 
the date such good or service is sold or offered 
for sale under subsection (a). 
(2) Whether such price grossly exceeds the av-
erage price at which the same or a similar good or 
service was readily obtainable from other similarly 
situated competing sellers before January 31, 2020. 
(3) Whether such price reasonably reflects addi-
tional costs, not within the control of such person, 
that were paid, incurred, or reasonably anticipated 
by such person, or reasonably reflects the profit-
ability of forgone sales or additional risks taken by 
such person, to produce, distribute, obtain, or sell 
such good or service under the circumstances. 
(c) ENFORCEMENT.— 
(1) ENFORCEMENT BY FEDERAL TRADE COM-
MISSION.— 
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1173 
(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
TICES.—A violation of subsection (a) shall be 
treated as a violation of a regulation under sec-
tion 18(a)(1)(B) of the Federal Trade Commis-
sion Act (15 U.S.C. 57a(a)(1)(B)) regarding 
unfair or deceptive acts or practices. 
(B) POWERS OF COMMISSION.—The Com-
mission shall enforce subsection (a) in the same 
manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.) 
were incorporated into and made a part of this 
section. Any person who violates such sub-
section shall be subject to the penalties and en-
titled to the privileges and immunities provided 
in the Federal Trade Commission Act. 
(2) EFFECT ON OTHER LAWS.—Nothing in this 
section shall be construed in any way to limit the 
authority of the Commission under any other provi-
sion of law. 
(3) ENFORCEMENT BY STATE ATTORNEYS GEN-
ERAL.— 
(A) IN
GENERAL.—If the chief law en-
forcement officer of a State, or an official or 
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1174 
agency designated by a State, has reason to be-
lieve that any person has violated or is violating 
subsection (a), the attorney general, official, or 
agency of the State, in addition to any author-
ity it may have to bring an action in State 
court under its consumer protection law, may 
bring a civil action in any appropriate United 
States district court or in any other court of 
competent jurisdiction, including a State court, 
to— 
(i) enjoin further such violation by 
such person; 
(ii) enforce compliance with such sub-
section; 
(iii) obtain civil penalties; and 
(iv) obtain damages, restitution, or 
other compensation on behalf of residents 
of the State. 
(B) NOTICE AND INTERVENTION BY THE 
FTC.—The attorney general of a State shall 
provide prior written notice of any action under 
subparagraph (A) to the Commission and pro-
vide the Commission with a copy of the com-
plaint in the action, except in any case in which 
such prior notice is not feasible, in which case 
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1175 
the attorney general shall serve such notice im-
mediately upon instituting such action. The 
Commission shall have the right— 
(i) to intervene in the action; 
(ii) upon so intervening, to be heard 
on all matters arising therein; and 
(iii) to file petitions for appeal. 
(C) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion has instituted a civil action for violation of 
this section, no State attorney general, or offi-
cial or agency of a State, may bring an action 
under this paragraph during the pendency of 
that action against any defendant named in the 
complaint of the Commission for any violation 
of this section alleged in the complaint. 
(D) 
RELATIONSHIP
WITH
STATE-LAW 
CLAIMS.—If the attorney general of a State has 
authority to bring an action under State law di-
rected at acts or practices that also violate this 
section, the attorney general may assert the 
State-law claim and a claim under this section 
in the same civil action. 
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1176 
(4) SAVINGS CLAUSE.—Nothing in this section 
shall preempt or otherwise affect any State or local 
law. 
(d) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) GOOD
OR
SERVICE.—The term ‘‘good or 
service’’ means a good or service offered in com-
merce, including— 
(A) food, beverages, water, ice, a chemical, 
or a personal hygiene product; 
(B) any personal protective equipment for 
protection from or prevention of contagious dis-
eases, filtering facepiece respirators, medical 
equipment and supplies (including medical test-
ing supplies), a drug as defined in section 
201(g)(1) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 321(g)(1)), cleaning sup-
plies, disinfectants, sanitizers; or 
(C) any healthcare service, cleaning serv-
ice, or delivery service. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian Tribe. 
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1177 
TITLE II—E–RATE SUPPORT FOR 
WI-FI 
HOTSPOTS, 
OTHER 
EQUIPMENT, 
AND 
CON-
NECTED DEVICES 
SEC. 130201. E–RATE SUPPORT FOR WI-FI HOTSPOTS, 
OTHER EQUIPMENT, AND CONNECTED DE-
VICES DURING EMERGENCY PERIODS RELAT-
ING TO COVID–19. 
(a) REGULATIONS REQUIRED.—Not later than 7 
days after the date of the enactment of this Act, the Com-
mission shall promulgate regulations providing for the 
provision, from amounts made available from the Emer-
gency Connectivity Fund established under subsection 
(i)(1), of support under section 254(h)(1)(B) of the Com-
munications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an 
elementary school, secondary school, or library (including 
a Tribal elementary school, Tribal secondary school, or 
Tribal library) eligible for support under such section, for 
the purchase during an emergency period described in sub-
section (e) (including any portion of such a period occur-
ring before the date of the enactment of this Act) of equip-
ment described in subsection (c), advanced telecommuni-
cations and information services, or equipment described 
in such subsection and advanced telecommunications and 
information services, for use by— 
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1178 
(1) in the case of a school, students and staff 
of such school at locations that include locations 
other than such school; and 
(2) in the case of a library, patrons of such li-
brary at locations that include locations other than 
such library. 
(b) TRIBAL ISSUES.— 
(1) RESERVATION
FOR
TRIBAL
LANDS.—The 
Commission shall reserve not less than 5 percent of 
the amounts available to the Commission under sub-
section (i)(3) to provide support under the regula-
tions required by subsection (a) to schools and li-
braries that serve persons who are located on Tribal 
lands. 
(2) ELIGIBILITY OF TRIBAL LIBRARIES.—For 
purposes of determining the eligibility of a Tribal li-
brary for support under the regulations required by 
subsection (a), the portion of paragraph (4) of sec-
tion 254(h) of the Communications Act of 1934 (47 
U.S.C. 254(h)) relating to eligibility for assistance 
from a State library administrative agency under the 
Library Services and Technology Act shall not apply. 
(c) EQUIPMENT DESCRIBED.—The equipment de-
scribed in this subsection is the following: 
(1) Wi-Fi hotspots. 
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1179 
(2) Modems. 
(3) Routers. 
(4) Devices that combine a modem and router. 
(5) Connected devices. 
(d) PRIORITIZATION OF SUPPORT.—The Commission 
shall provide in the regulations required by subsection (a) 
for a mechanism to require a school or library to prioritize 
the provision of equipment described in subsection (c), ad-
vanced telecommunications and information services, or 
equipment described in such subsection and advanced tele-
communications and information services, for which sup-
port is received under such regulations, to students and 
staff or patrons (as the case may be) that the school or 
library believes do not have access to equipment described 
in subsection (c), do not have access to advanced tele-
communications and information services, or have access 
to neither equipment described in subsection (c) nor ad-
vanced telecommunications and information services, at 
the residences of such students and staff or patrons. 
(e) EMERGENCY PERIODS DESCRIBED.—An emer-
gency period described in this subsection is a period 
that— 
(1) begins on the date of a determination by the 
Secretary of Health and Human Services pursuant 
to section 319 of the Public Health Service Act (42 
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1180 
U.S.C. 247d) that a public health emergency exists 
as a result of COVID–19; and 
(2) ends on the June 30 that first occurs after 
the date on which such determination (including any 
renewal thereof) terminates. 
(f) TREATMENT OF EQUIPMENT AFTER EMERGENCY 
PERIOD.—The Commission shall provide in the regula-
tions required by subsection (a) that, in the case of a 
school or library that purchases equipment described in 
subsection (c) using support received under such regula-
tions, such school or library— 
(1) may, after the emergency period with re-
spect to which such support is received, use such 
equipment for such purposes as such school or li-
brary considers appropriate, subject to any restric-
tions provided in such regulations (or any successor 
regulation); and 
(2) may not sell or otherwise transfer such 
equipment in exchange for any thing (including a 
service) of value, except that such school or library 
may exchange such equipment for upgraded equip-
ment of the same type. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect any authority the Com-
mission may have under section 254(h)(1)(B) of the Com-
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1181 
munications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to 
allow support under such section to be used for the pur-
poses described in subsection (a) other than as required 
by such subsection. 
(h) PROCEDURAL MATTERS.— 
(1) PART 54 REGULATIONS.—Nothing in this 
section shall be construed to prevent the Commission 
from providing that the regulations in part 54 of 
title 47, Code of Federal Regulations (or any suc-
cessor regulation), shall apply in whole or in part to 
support provided under the regulations required by 
subsection (a), shall not apply in whole or in part to 
such support, or shall be modified in whole or in 
part for purposes of application to such support. 
(2) EXEMPTION FROM CERTAIN RULEMAKING 
REQUIREMENTS.—Subsections (b), (c), and (d) of 
section 553 of title 5, United States Code, shall not 
apply to a regulation promulgated under subsection 
(a) of this section or a rulemaking to promulgate 
such a regulation. 
(3) PAPERWORK
REDUCTION
ACT
EXEMP-
TION.—A collection of information conducted or 
sponsored under the regulations required by sub-
section (a), or under section 254 of the Communica-
tions Act of 1934 (47 U.S.C. 254) in connection 
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1182 
with support provided under such regulations, shall 
not constitute a collection of information for the 
purposes of subchapter I of chapter 35 of title 44, 
United States Code (commonly referred to as the 
Paperwork Reduction Act). 
(i) EMERGENCY CONNECTIVITY FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the Emergency Connectivity Fund. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Emer-
gency Connectivity Fund $5,000,000,000 for fiscal 
year 2020, to remain available through fiscal year 
2021. 
(3) USE OF FUNDS.—Amounts in the Emer-
gency Connectivity Fund shall be available to the 
Commission to provide support under the regula-
tions required by subsection (a). 
(4) RELATIONSHIP
TO
UNIVERSAL
SERVICE 
CONTRIBUTIONS.—Support provided under the regu-
lations required by subsection (a) shall be provided 
from amounts made available under paragraph (3) 
and not from contributions under section 254(d) of 
the Communications Act of 1934 (47 U.S.C. 
254(d)). 
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1183 
(j) DEFINITIONS.—In this section: 
(1) ADVANCED TELECOMMUNICATIONS AND IN-
FORMATION SERVICES.—The term ‘‘advanced tele-
communications and information services’’ means 
advanced telecommunications and information serv-
ices, as such term is used in section 254(h) of the 
Communications Act of 1934 (47 U.S.C. 254(h)). 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) CONNECTED
DEVICE.—The term ‘‘con-
nected device’’ means a laptop computer, tablet com-
puter, or similar device that is capable of connecting 
to advanced telecommunications and information 
services. 
(4) LIBRARY.—The term ‘‘library’’ includes a 
library consortium. 
(5) TRIBAL
LAND.—The term ‘‘Tribal land’’ 
means— 
(A) any land located within the boundaries 
of— 
(i) an Indian reservation, pueblo, or 
rancheria; or 
(ii) a former reservation within Okla-
homa; 
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1184 
(B) any land not located within the bound-
aries of an Indian reservation, pueblo, or 
rancheria, the title to which is held— 
(i) in trust by the United States for 
the benefit of an Indian Tribe or an indi-
vidual Indian; 
(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
(iii) by a dependent Indian commu-
nity; 
(C) any land located within a region estab-
lished pursuant to section 7(a) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 
1606(a)); 
(D) Hawaiian Home Lands, as defined in 
section 801 of the Native American Housing 
Assistance and Self-Determination Act of 1996 
(25 U.S.C. 4221); or 
(E) those areas or communities designated 
by the Assistant Secretary of Indian Affairs of 
the Department of the Interior that are near, 
adjacent, or contiguous to reservations where fi-
nancial assistance and social service programs 
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1185 
are provided to Indians because of their status 
as Indians. 
(6) TRIBAL
LIBRARY.—The term ‘‘Tribal li-
brary’’ means, only during an emergency period de-
scribed under subsection (e), a facility owned by an 
Indian Tribe, serving Indian Tribes, or serving 
American Indians, Alaskan Natives, or Native Ha-
waiian communities, including— 
(A) a Tribal library or Tribal library con-
sortium; or 
(B) a Tribal government building, chapter 
house, longhouse, community center, or other 
similar public building. 
(7) WI-FI.—The term ‘‘Wi-Fi’’ means a wire-
less networking protocol based on Institute of Elec-
trical and Electronics Engineers standard 802.11 
(or any successor standard). 
(8) 
WI-FI
HOTSPOT.—The 
term 
‘‘Wi-Fi 
hotspot’’ means a device that is capable of— 
(A) 
receiving 
mobile 
advanced 
tele-
communications and information services; and 
(B) sharing such services with another de-
vice through the use of Wi-Fi. 
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1186 
TITLE III—EMERGENCY BENEFIT 
FOR BROADBAND SERVICE 
SEC. 130301. BENEFIT FOR BROADBAND SERVICE DURING 
EMERGENCY PERIODS RELATING TO COVID– 
19. 
(a) PROMULGATION OF REGULATIONS REQUIRED.— 
Not later than 7 days after the date of the enactment of 
this Act, the Commission shall promulgate regulations im-
plementing this section. 
(b) REQUIREMENTS.—The regulations promulgated 
pursuant to subsection (a) shall establish the following: 
(1) EMERGENCY BROADBAND BENEFIT.—Dur-
ing an emergency period, a provider shall provide an 
eligible household with an internet service offering, 
upon request by a member of such household. Such 
provider shall discount the price charged to such 
household for such internet service offering in an 
amount equal to the emergency broadband benefit 
for such household. 
(2) VERIFICATION OF ELIGIBILITY.—To verify 
whether a household is an eligible household, a pro-
vider shall either— 
(A) use the National Lifeline Eligibility 
Verifier; or 
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1187 
(B) rely upon an alternative verification 
process of the provider, if the Commission finds 
such process to be sufficient to avoid waste, 
fraud, and abuse. 
(3) USE OF NATIONAL LIFELINE ELIGIBILITY 
VERIFIER.—The Commission shall— 
(A) expedite the ability of all providers to 
access the National Lifeline Eligibility Verifier 
for purposes of determining whether a house-
hold is an eligible household; and 
(B) ensure that the National Lifeline Eligi-
bility Verifier approves an eligible household to 
receive the emergency broadband benefit not 
later than two days after the date of the sub-
mission of information necessary to determine if 
such household is an eligible household. 
(4) EXTENSION OF EMERGENCY PERIOD.—An 
emergency period may be extended within a State or 
any portion thereof if the State, or in the case of 
Tribal land, a Tribal government, provides written, 
public notice to the Commission stipulating that an 
extension is necessary in furtherance of the recovery 
related to COVID–19. The Commission shall, within 
48 hours after receiving such notice, post the notice 
on the public website of the Commission. 
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1188 
(5) REIMBURSEMENT.—From the Emergency 
Broadband Connectivity Fund established in sub-
section (h), the Commission shall reimburse a pro-
vider in an amount equal to the emergency 
broadband benefit with respect to an eligible house-
hold that receives such benefit from such provider. 
(6) REIMBURSEMENT
FOR
CONNECTED
DE-
VICE.—A provider that, in addition to providing the 
emergency broadband benefit to an eligible house-
hold, supplies such household with a connected de-
vice may be reimbursed up to $100 from the Emer-
gency Broadband Connectivity Fund established in 
subsection (h) for such connected device, if the 
charge to such eligible household is more than $10 
but less than $50 for such connected device, except 
that a provider may receive reimbursement for no 
more than one connected device per eligible house-
hold. 
(7) NO
RETROACTIVE
REIMBURSEMENT.—A 
provider may not receive a reimbursement from the 
Emergency Broadband Connectivity Fund for pro-
viding an internet service offering discounted by the 
emergency broadband benefit, or for supplying a 
connected device, that was provided or supplied (as 
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1189 
the case may be) before the date of the enactment 
of this Act. 
(8) CERTIFICATION REQUIRED.—To receive a 
reimbursement under paragraph (5) or (6), a pro-
vider shall certify to the Commission the following: 
(A) That the amount for which the pro-
vider is seeking reimbursement from the Emer-
gency Broadband Connectivity Fund for an 
internet service offering to an eligible household 
is not more than the normal rate. 
(B) That each eligible household for which 
a provider is seeking reimbursement for pro-
viding an internet service offering discounted by 
the emergency broadband benefit— 
(i) has not been and will not be 
charged— 
(I) for such offering, if the nor-
mal rate for such offering is less than 
or equal to the amount of the emer-
gency broadband benefit for such 
household; or 
(II) more for such offering than 
the difference between the normal rate 
for such offering and the amount of 
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1288 
‘‘(B) CERTIFICATION.—In the case of a 
composite plan incorporated as a component of 
a multiemployer plan as described in paragraph 
(1), such notice shall include a certification by 
the plan actuary under section 432(b)(3) that 
the effective date of the amendment occurs in 
a plan year for which the multiemployer plan is 
not in critical status for that plan year and any 
of the succeeding 5 plan years. 
‘‘(6) REFERENCES TO COMPOSITE PLAN COM-
PONENT.—As used in this subpart, the term ‘com-
posite plan’ includes a composite plan component 
added to a defined benefit plan pursuant to para-
graph (1). 
‘‘(7) RULE
OF
CONSTRUCTION.—Paragraph 
(2)(A) shall not be construed as preventing the plan 
sponsor of a multiemployer plan from adopting an 
amendment pursuant to paragraph (1) because some 
collective bargaining agreements are amended to 
cease any covered employer’s obligation to contribute 
to the multiemployer plan before or after the plan 
amendment is effective. Paragraph (2)(B) shall not 
be construed as preventing the plan sponsor of a 
multiemployer plan from adopting an amendment 
pursuant to paragraph (1) because some partici-
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1344 
DIVISION O—EDUCATION PROVISIONS 
AND OTHER PROGRAMS 
TITLE I—HIGHER EDUCATION PROVISIONS 
DEFINITIONS 
SEC. 150101. 
In this title: 
(1) AWARD YEAR.—The term ‘‘award year’’ has 
the meaning given the term in section 481(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1088(a)). 
(2) AUTHORIZING
COMMITTEES.—The term 
‘‘authorizing committees’’ has the meaning given the 
term in section 103 of the Higher Education Act of 
1965 (20 U.S.C. 1003). 
(3) FAFSA.—The term ‘‘FAFSA’’ means an 
application under section 483 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1090) for Federal 
student financial aid. 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002). 
(5) 
QUALIFYING
EMERGENCY.—The 
term 
‘‘qualifying emergency’’ has the meaning given the 
term in section 3502 of the CARES Act (Public 
Law 116–136), as amended by this Act. 
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1364 
(iii) a financial plan to provide fund-
ing for such costs. 
(B) ASSURANCE.—An eligible institution 
that submits a record-management plan under 
subparagraph (A) shall include an assurance to 
the Secretary that, in the case of the closure of 
such eligible institution, such eligible institu-
tion— 
(i) will release all financial holds 
placed on student records; and 
(ii) for the 3-year period beginning on 
the date of the closure of such eligible in-
stitution, will not require a student en-
rolled in such eligible institution on the 
date of such closure (and students with-
drawn from such eligible institution in the 
120 days prior to such date) who requests 
the student records of such student to pur-
chase such records or otherwise charge 
such student a fee with respect to such 
records. 
(C) REPORT.—Not later than 60 days 
after submitting an application under para-
graph (1), an eligible institution shall submit 
the record-management plan required under 
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1365 
subparagraph (A) and the assurance under sub-
paragraph (B) to the accrediting agency and 
State authorizing agency of such eligible insti-
tution. 
(4) TEACH-OUT PLAN.—Not later than 60 days 
after submitting an application under paragraph (1), 
an eligible institution shall submit a teach-out plan 
approved by the accrediting agency of such eligible 
institution to the Secretary and the State author-
izing agency of such eligible institution. 
(5) LETTER OF CREDIT DURING PENDING AP-
PLICATION.—Notwithstanding section 498(c)(3)(A) 
of the Higher Education Act of 1965 (20 U.S.C. 
1099c(c)(3)(A)), the Secretary may not use the com-
posite score of an eligible institution (as determined 
under section 668.171(b)(1) of title 34, Code of 
Federal Regulations) to require the eligible institu-
tion to submit a new letter of credit or increase the 
value of an existing letter of credit while the institu-
tion has an application pending under paragraph 
(1). 
(6) NOTIFICATION OF APPLICATION AND STA-
TUS.—The eligible institution shall notify the accred-
iting agency and State authorizing agency of such 
institution— 
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1571 
(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 
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 102, including any regula-
tion 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). 
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