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(B) on the individual client’s own accord 
and using the individual client’s own finances. 
(12) TRIBAL
EMPLOYER.—The term ‘‘Tribal 
employer’’ means— 
(A) any Tribal government, a subdivision 
of a Tribal government (determined in accord-
ance with section 7871(d) of the Internal Rev-
enue Code), or an agency or instrumentality of 
a Tribal government or subdivision thereof; 
(B) any Tribal organization (as the term 
‘‘tribal organization’’ is defined in section 4(l) 
of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304(l)); 
(C) any corporation if more than 50 per-
cent (determined by vote and value) of the out-
standing stock of such corporation is owned, di-
rectly or indirectly, by any entity described in 
subparagraph (A) or (B); or 
(D) any partnership if more than 50 per-
cent of the value of the capital and profits in-
terests of such partnership is owned, directly or 
indirectly, by any entity described in subpara-
graph (A) or (B). 
(13) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body 
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of any Indian or Alaska Native tribe, band, nation, 
pueblo, village, community, component band, or com-
ponent reservation individually identified (including 
parenthetically) in the list published most recently as 
of the date of enactment of this Act pursuant to sec-
tion 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5131). 
(14) WORK.—The term ‘‘work’’ means employ-
ment by, or engagement in providing labor or serv-
ices for, an employer. 
SEC. 170102. PANDEMIC PREMIUM PAY FOR ESSENTIAL 
WORKERS. 
(a) IN GENERAL.— Beginning 3 days after an essen-
tial work employer receives a grant under section 170104 
from the Secretary of the Treasury, the essential work em-
ployer shall— 
(1) be required to comply with subsections (b) 
through (h); and 
(2) be subject to the enforcement requirements 
of section 170105. 
(b) PANDEMIC PREMIUM PAY.— 
(1) IN GENERAL.—An essential work employer 
receiving a grant under section 170104 shall, in ac-
cordance with this subsection, provide each essential 
worker of the essential work employer with premium 
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pay at a rate equal to $13 for each hour of work 
performed by the essential worker for the employer 
from January 27, 2020, until the date that is 60 
days after the last day of the COVID–19 Public 
Health Emergency. 
(2) MAXIMUM AMOUNTS.—The total amount of 
all premium pay under this subsection that an essen-
tial work employer is required to provide to an es-
sential worker, including through any retroactive 
payment under paragraph (3), shall not exceed— 
(A) for an essential worker who is not a 
highly-compensated essential worker, $10,000 
reduced by employer payroll taxes with respect 
to such premium pay; or 
(B) for a highly-compensated essential 
worker, $5,000 reduced by employer payroll 
taxes with respect to such premium pay. 
(3) RETROACTIVE
PAYMENT.—For all work 
performed by an essential worker during the period 
from January 27, 2020, through the date on which 
the essential work employer of the worker receives a 
grant under this title, the essential work employer 
shall use a portion of the amount of such grant to 
provide such worker with premium pay under this 
subsection for such work at the rate provided under 
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paragraph (1). Such amount shall be provided to the 
essential worker as a lump sum in the next paycheck 
(or other payment form) that immediately follows 
the receipt of the grant by the essential work em-
ployer. In any case where it is impossible for the em-
ployer to arrange for payment of the amount due in 
such paycheck (or other payment form), such 
amounts shall be paid as soon as practicable, but in 
no event later than the second paycheck (or other 
payment form) following the receipt of the grant by 
the essential work employer. 
(4) NO EMPLOYER DISCRETION.—An essential 
work employer receiving a grant under section 
170104 shall not have any discretion to determine 
which portions of work performed by an essential 
worker qualify for premium pay under this sub-
section, but shall pay such premium pay for any in-
crement of time worked by the essential worker for 
the essential work employer up to the maximum 
amount applicable to the essential worker under 
paragraph (2). 
(c) PROHIBITION ON REDUCING COMPENSATION AND 
DISPLACEMENT.— 
(1) IN GENERAL.—Any payments made to an 
essential worker as premium pay under subsection 
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(b) shall be in addition to all other compensation, in-
cluding all wages, remuneration, or other pay and 
benefits, that the essential worker otherwise receives 
from the essential work employer. 
(2) REDUCTION OF COMPENSATION.—An essen-
tial work employer receiving a grant under section 
170104 shall not, during the period beginning on the 
date of enactment of this Act and ending on the 
date that is 60 days after the last day of the 
COVID–19 Public Health Emergency, reduce or in 
any other way diminish, any other compensation, in-
cluding the wages, remuneration, or other pay or 
benefits, that the essential work employer provided 
to the essential worker on the day before the date 
of enactment of this Act. 
(3) DISPLACEMENT.—An essential work em-
ployer shall not take any action to displace an essen-
tial worker (including partial displacement such as a 
reduction in hours, wages, or employment benefits) 
for purposes of hiring an individual for an equivalent 
position at a rate of compensation that is less than 
is required to be provided to an essential worker 
under paragraph (2). 
(d) DEMARCATION FROM OTHER COMPENSATION.— 
The amount of any premium pay paid under subsection 
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(b) shall be clearly demarcated as a separate line item in 
each paystub or other document provided to an essential 
worker that details the remuneration the essential worker 
received from the essential work employer for a particular 
period of time. If any essential worker does not otherwise 
regularly receive any such paystub or other document from 
the employer, the essential work employer shall provide 
such paystub or other document to the essential worker 
for the duration of the period in which the essential work 
employer provides premium pay under subsection (b). 
(e) EXCLUSION
FROM
WAGE-BASED
CALCULA-
TIONS.—Any premium pay under subsection (b) paid to 
an essential worker under this section by an essential work 
employer receiving a grant under section 170104 shall be 
excluded from the amount of remuneration for work paid 
to the essential worker for purposes of— 
(1) calculating the essential worker’s eligibility 
for any wage-based benefits offered by the essential 
work employer; 
(2) computing the regular rate at which such 
essential worker is employed under section 7 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 207); 
and 
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(3) determining whether such essential worker 
is exempt from application of such section 7 under 
section 13(a)(1) of such Act (29 U.S.C. 213(a)(1)). 
(f) ESSENTIAL WORKER DEATH.— 
(1) IN GENERAL.—In any case in which an es-
sential worker of an essential work employer receiv-
ing a grant under section 170104 exhibits symptoms 
of COVID–19 and dies, the essential work employer 
shall pay as a lump sum to the next of kin of the 
essential worker for premium pay under subsection 
(b)— 
(A) for an essential worker who is not a 
highly-compensated 
essential 
worker, 
the 
amount determined under subsection (b)(2)(A) 
minus the total amount of any premium pay the 
worker received under subsection (b) prior to 
the death; or 
(B) for a highly-compensated essential 
worker, the amount determined under sub-
section (b)(2)(B) minus the amount of any pre-
mium pay the worker received under subsection 
(b) prior to the death. 
(2) TREATMENT OF LUMP SUM PAYMENTS.— 
(A) TREATMENT AS PREMIUM PAY.—For 
purposes of this title, any payment made under 
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this subsection shall be treated as a premium 
pay under subsection (b). 
(B) TREATMENT
FOR
PURPOSES
OF
IN-
TERNAL
REVENUE
CODE
OF
1986.—For pur-
poses of the Internal Revenue Code of 1986, 
any payment made under this subsection shall 
be treated as a payment for work performed by 
the essential worker. 
(g) APPLICATION TO SELF-DIRECTED CARE WORK-
ERS FUNDED THROUGH MEDICAID OR THE VETERAN-DI-
RECTED CARE PROGRAM.— 
(1) MEDICAID.—In the case of an essential 
work employer receiving a grant under section 
170104 that is a covered employer described in sec-
tion 170101(3)(C)(i)(V) who, under a State Med-
icaid plan under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.) or under a waiver of such 
plan, has opted to receive items or services using a 
self-directed service delivery model, the preceding re-
quirements of this section, including the require-
ments to provide premium pay under subsection (b) 
(including a lump sum payment in the event of an 
essential worker death under subsection (f)) and the 
requirements of sections 170104 and 170105, shall 
apply to the State Medicaid agency responsible for 
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the administration of such plan or waiver with re-
spect to self-directed care workers employed by that 
employer. In administering payments made under 
this title to such self-directed care workers on behalf 
of such employers, a State Medicaid agency shall— 
(A) exclude and disregard any payments 
made under this title to such self-directed work-
ers from the individualized budget that applies 
to the items or services furnished to the indi-
vidual client employer under the State Medicaid 
plan or waiver; 
(B) to the extent practicable, administer 
and provide payments under this title directly 
to such self-directed workers through arrange-
ments with entities that provide financial man-
agement services in connection with the self-di-
rected service delivery models used under the 
State Medicaid plan or waiver; and 
(C) ensure that individual client employers 
of such self-directed workers are provided notice 
of, and comply with, the prohibition under sec-
tion 170105(b)(1)(B). 
(2) VETERAN-DIRECTED
CARE
PROGRAM.—In 
the case of an essential work employer that is a cov-
ered 
employer 
described 
in 
section 
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170101(3)(C)(i)(V) who is a veteran participating in 
the Veteran Directed Care program administered by 
the VA Office of Geriatrics & Extended Care of the 
Veterans Health Administration, the preceding re-
quirements of this section and sections 170104 and 
170105, shall apply to such VA Office of Geriatrics 
& Extended Care with respect to self-directed care 
workers employed by that employer. Paragraph (1) 
of this subsection shall apply to the administration 
by the VA Office of Geriatrics & Extended Care of 
payments made under this title to such self-directed 
care workers on behalf of such employers in the 
same manner as such requirements apply to State 
Medicaid agencies. 
(3) PENALTY
ENFORCEMENT.—The Secretary 
of Labor shall consult with the Secretary of Health 
and Human Services and the Secretary of Veterans 
Affairs regarding the enforcement of penalties im-
posed under section 170105(b)(2) with respect to 
violations of subparagraph (A) or (B) of section 
170105(b)(1) that involve self-directed workers for 
which the requirements of this section and sections 
170104 and 170105 are applied to a State Medicaid 
agency under paragraph (1) or the VA Office of 
Geriatrics & Extended Care under paragraph (2). 
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(h) INTERACTION WITH STAFFORD ACT.—Nothing 
in this section shall nullify, supersede, or otherwise change 
a State’s ability to seek reimbursement under section 403 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170b) for the costs of pre-
mium pay based on pre-disaster labor policies for eligible 
employees. 
(i) CALCULATION OF PAID LEAVE UNDER FFCRA 
AND FMLA.— 
(1) FAMILIES FIRST CORONAVIRUS RESPONSE 
ACT.—Section 5110(5)(B) of the Families First 
Coronavirus Response Act (29 U.S.C. 2601 note) is 
amended by adding at the end the following: 
‘‘(iii) PANDEMIC
PREMIUM
PAY.— 
Compensation received by an employee 
under section 170102(b) of the COVID–19 
Heroes Fund Act of 2020 shall be included 
as remuneration for employment paid to 
the employee for purposes of computing 
the regular rate at which such employee is 
employed.’’. 
(2) FAMILY
AND
MEDICAL
LEAVE
ACT
OF 
1993.—Section 110(b)(2)(B) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2620(b)(2)(B)) is 
amended by adding at the end the following: 
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‘‘(iii) PANDEMIC
PREMIUM
PAY.— 
Compensation received by an employee 
under section 170102(b) of the COVID–19 
Heroes Fund Act of 2020 shall be included 
as remuneration for employment paid to 
the employee for purposes of computing 
the regular rate at which such employee is 
employed.’’. 
SEC. 170103. COVID–19 HEROES FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘COVID–19 Heroes Fund’’ (referred to in this section as 
the ‘‘Fund’’), consisting of amounts appropriated to the 
fund under section 170107. 
(b) FUND ADMINISTRATION.—The Fund shall be ad-
ministered by the Secretary of the Treasury. 
(c) USE OF FUNDS.—Amounts in the Fund shall be 
available to the Secretary of the Treasury for carrying out 
section 170104. 
SEC. 170104. COVID–19 HEROES FUND GRANTS. 
(a) GRANTS.— 
(1) FOR PANDEMIC PREMIUM PAY.—The Sec-
retary of the Treasury shall, subject to the avail-
ability of amounts provided in this title, award a 
grant to each essential work employer that applies 
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for a grant, in accordance with this section, for the 
purpose of providing premium pay to essential work-
ers under section 170102(b), including amounts paid 
under section 170102(f). 
(2) ELIGIBILITY.— 
(A) ELIGIBLE EMPLOYERS GENERALLY.— 
Any essential work employer shall be eligible for 
a grant under paragraph (1). 
(B) SELF-DIRECTED CARE WORKERS.—A 
self-directed care worker employed by an essen-
tial work employer other than an essential work 
employer described in section 170102(g), shall 
be eligible to apply for a grant under paragraph 
(1) in the same manner as an essential work 
employer. Such a worker shall provide premium 
pay to himself or herself in accordance with this 
section, including the recordkeeping and refund 
requirements of this section. 
(b) AMOUNT OF GRANTS.— 
(1) IN GENERAL.—The maximum amount avail-
able for making a grant under subsection (a)(1) to 
an essential work employer shall be equal to the sum 
of— 
(A) the amount obtained by multiplying 
$10,000 by the number of essential workers the 
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employer certifies, in the application submitted 
under subsection (c)(1), as employing, or pro-
viding remuneration to for services or labor, 
who are paid wages or remuneration by the em-
ployer at a rate that is less than the equivalent 
of $200,000 per year; and 
(B) the amount obtained by multiplying 
$5,000 by the number of highly-compensated 
essential workers the employer certifies, in the 
application submitted under subsection (c)(1), 
as employing, or providing remuneration to for 
services or labor, who are paid wages or remu-
neration by the employer at a rate that is equal 
to or greater than the equivalent of $200,000 
per year. 
(2) NO
PARTIAL
GRANTS.—The Secretary of 
the Treasury shall not award a grant under this sec-
tion in an amount less than the maximum described 
in paragraph (1). 
(c) GRANT APPLICATION AND DISBURSAL.— 
(1) APPLICATION.—Any essential work em-
ployer seeking a grant under subsection (a)(1) shall 
submit an application to the Secretary of the Treas-
ury at such time, in such manner, and complete with 
such information as the Secretary may require. 
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(2) NOTICE AND CERTIFICATION.— 
(A) IN GENERAL.—The Secretary of the 
Treasury shall, within 15 days after receiving a 
complete application from an essential work em-
ployer eligible for a grant under this section— 
(i) notify the employer of the Sec-
retary’s findings with respect to the re-
quirements for the grant; and 
(ii)(I) if the Secretary finds that the 
essential work employer meets the require-
ments under this section for a grant under 
subsection (a), provide a certification to 
the employer— 
(aa) that the employer has met 
such requirements; 
(bb) of the amount of the grant 
payment that the Secretary has deter-
mined the employer shall receive 
based on the requirements under this 
section; or 
(II) if the Secretary finds that the es-
sential work employer does not meet the 
requirements under this section for a grant 
under subsection (a), provide a notice of 
denial stating the reasons for the denial 
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and provide an opportunity for administra-
tive review by not later than 10 days after 
the denial. 
(B) TRANSFER.—Not later than 7 days 
after making a certification under subpara-
graph (A)(ii) with respect to an essential work 
employer, the Secretary of the Treasury shall 
make the appropriate transfer to the employer 
of the amount of the grant. 
(d) USE OF FUNDS.— 
(1) IN GENERAL.—An essential work employer 
receiving a grant under this section shall use the 
amount of the grant solely for the following pur-
poses: 
(A) Providing premium pay under section 
170102(b) to essential workers in accordance 
with the requirements for such payments under 
such section, including providing payments de-
scribed in section 170102(f) to the next of kin 
of essential workers in accordance with the re-
quirements for such payments under such sec-
tion. 
(B) Paying employer payroll taxes with re-
spect to premium pay amounts described in 
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subparagraph (A), including such payments de-
scribed in section 170102(f). 
Each dollar of a grant received by an essential work 
employer under this title shall be used as provided 
in subparagraph (A) or (B) or returned to the Sec-
retary of the Treasury. 
(2) NO OTHER USES AUTHORIZED.—An essen-
tial work employer who uses any amount of a grant 
for a purpose not required under paragraph (1) shall 
be— 
(A) considered to have misused funds in 
violation of section 170102; and 
(B) subject to the enforcement and rem-
edies provided under section 170105. 
(3) REFUND.— 
(A) IN
GENERAL.—If an essential work 
employer receives a grant under this section 
and, for any reason, does not provide every dol-
lar of such grant to essential workers in accord-
ance with the requirements of this title, then 
the employer shall refund any such dollars to 
the Secretary of the Treasury not later than 
June 30, 2021. Any amounts returned to the 
Secretary shall be deposited into the Fund and 
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be available for any additional grants under this 
section. 
(B) REQUIREMENT
FOR
NOT
REDUCING 
COMPENSATION.—An essential work employer 
who is required to refund any amount under 
this paragraph shall not reduce or otherwise di-
minish an eligible worker’s compensation or 
benefits in response to or otherwise due to such 
refund. 
(e) RECORDKEEPING.—An essential work employer 
that receives a grant under this section shall— 
(1) maintain records, including payroll records, 
demonstrating how each dollar of funds received 
through the grant were provided to essential work-
ers; and 
(2) provide such records to the Secretary of the 
Treasury or the Secretary of Labor upon the request 
of either such Secretary. 
(f) RECOUPMENT.—In addition to all other enforce-
ment and remedies available under this title or any other 
law, the Secretary of the Treasury shall establish a process 
under which the Secretary shall recoup the amount of any 
grant awarded under subsection (a)(1) if the Secretary de-
termines that the essential work employer receiving the 
grant— 
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(1) did not provide all of the dollars of such 
grant to the essential workers of the employer; 
(2) did not, in fact, have the number of essen-
tial workers certified by the employer in accordance 
with subparagraphs (A) and (B) of subsection 
(b)(1); 
(3) did not pay the essential workers for the 
number of hours the employer claimed to have paid; 
or 
(4) otherwise misused funds or violated this 
title. 
(g) SPECIAL RULE FOR CERTAIN EMPLOYEES OF 
TRIBAL EMPLOYERS.—Essential workers of Tribal em-
ployers who receive funds under title II shall not be eligi-
ble to receive funds from grants under this section. 
(h) TAX TREATMENT.— 
(1) EXCLUSION FROM INCOME.—For purposes 
of the Internal Revenue Code of 1986, any grant re-
ceived by an essential work employer under this sec-
tion shall not be included in the gross income of 
such essential work employer. 
(2) DENIAL OF DOUBLE BENEFIT.— 
(A) IN GENERAL.—In the case of an essen-
tial work employer that receives a grant under 
this section— 
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(i) amounts paid under subsections 
(b) or (f) of section 170102 shall not be 
taken into account as wages for purposes 
of sections 41, 45A, 51, or 1396 of the In-
ternal Revenue Code of 1986 or section 
2301 of the CARES Act (Public Law 116– 
136); and 
(ii) any deduction otherwise allowable 
under such Code for applicable payments 
during any taxable year shall be reduced 
(but not below zero) by the excess (if any) 
of— 
(I) the aggregate amounts of 
grants received under this section; 
over 
(II) the sum of any amount re-
funded under subsection (d) plus the 
aggregate amount of applicable pay-
ments made for all preceding taxable 
years. 
(B) APPLICABLE
PAYMENTS.—For pur-
poses of this paragraph, the term ‘‘applicable 
payments’’ means amounts paid as premium 
pay under subsections (b) or (f) of section 
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170102 and amounts paid for employer payroll 
taxes with respect to such amounts. 
(C) AGGREGATION
RULE.—Rules similar 
to the rules of subsections (a) and (b) of section 
52 of the Internal Revenue Code of 1986 shall 
apply for purposes of this section. 
(3) INFORMATION REPORTING.—The Secretary 
of the Treasury shall submit to the Commissioner of 
Internal Revenue statements containing— 
(A) the name and tax identification num-
ber of each essential work employer receiving a 
grant under this section; 
(B) the amount of such grant; and 
(C) any amounts refunded under section 
(d)(3). 
(i) REPORTS.— 
(1) IN GENERAL.—Not later than 30 days after 
obligating the last dollar of the funds appropriated 
under this title, the Secretary of the Treasury shall 
submit a report, to the Committees of Congress de-
scribed in paragraph (2), that— 
(A) certifies that all funds appropriated 
under this title have been obligated; and 
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(B) indicates the number of pending appli-
cations for grants under this section that will 
be rejected due to the lack of funds. 
(2) COMMITTEES OF CONGRESS.—The Commit-
tees of Congress described in this paragraph are— 
(A) the Committee on Ways and Means of 
the House of Representatives; 
(B) the Committee on Education and 
Labor of the House of Representatives; 
(C) the Committee on Finance of the Sen-
ate; and 
(D) the Committee on Health, Education, 
Labor, and Pensions of the Senate. 
SEC. 170105. ENFORCEMENT AND OUTREACH. 
(a) DUTIES OF SECRETARY OF LABOR.—The Sec-
retary of Labor shall— 
(1) have authority to enforce the requirements 
of section 170102, in accordance with subsections 
(b) through (e); 
(2) conduct outreach as described in subsection 
(f); and 
(3) coordinate with the Secretary of the Treas-
ury as needed to carry out the Secretary of Labor’s 
responsibilities under this section. 
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(b) PROHIBITED ACTS, PENALTIES, AND ENFORCE-
MENT.— 
(1) PROHIBITED ACTS.—It shall be unlawful for 
a person to— 
(A) violate any provision of section 170102 
applicable to such person; or 
(B) discharge or in any other manner dis-
criminate against any essential worker because 
such essential worker has filed any complaint or 
instituted or caused to be instituted any pro-
ceeding under or related to this title, or has tes-
tified or is about to testify in any such pro-
ceeding. 
(2) ENFORCEMENT AND PENALTIES.— 
(A) PREMIUM PAY VIOLATIONS.—A viola-
tion described in paragraph (1)(A) shall be 
deemed a violation of section 7 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 207) 
and unpaid amounts required under this section 
shall be treated as unpaid overtime compensa-
tion under such section 7 for the purposes of 
sections 15 and 16 of such Act (29 U.S.C. 215 
and 216). 
(B) DISCHARGE
OR
DISCRIMINATION.—A 
violation of paragraph (1)(B) shall be deemed a 
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violation of section 15(a)(3) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 215(a)(3)). 
(c) INVESTIGATION.— 
(1) IN GENERAL.—To ensure compliance with 
the provisions of section 170102, including any regu-
lation or order issued under that section, the Sec-
retary of Labor shall have the investigative authority 
provided under section 11(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(a)). For the 
purposes of any investigation provided for in this 
subsection, the Secretary of Labor shall have the 
subpoena authority provided for under section 9 of 
such Act (29 U.S.C. 209). 
(2) STATE AGENCIES.—The Secretary of Labor 
may, for the purpose of carrying out the functions 
and duties under this section, utilize the services of 
State and local agencies in accordance with section 
11(b) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(b)). 
(d) ESSENTIAL WORKER ENFORCEMENT.— 
(1) RIGHT OF ACTION.—An action alleging a 
violation of paragraph (1) or (2) of subsection (b) 
may be maintained against an essential work em-
ployer receiving a grant under section 170104 in any 
Federal or State court of competent jurisdiction by 
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one or more essential workers or their representative 
for and on behalf of the essential workers, or the es-
sential workers and others similarly situated, in the 
same manner, and subject to the same remedies (in-
cluding attorney’s fees and costs of the action), as 
an action brought by an employee alleging a viola-
tion of section 7 or 15(a)(3), respectively, of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 207, 
215(a)(3)). 
(2) NO WAIVER.—In an action alleging a viola-
tion of paragraph (1) or (2) of subsection (b) 
brought by one or more essential workers or their 
representative for and on behalf of the persons as 
described in paragraph (1), to enforce the rights in 
section 170102, no court of competent jurisdiction 
may grant the motion of an essential work employer 
receiving a grant under section 170104 to compel 
arbitration, under chapter 1 of title 9, United States 
Code, or any analogous State arbitration statute, of 
the claims involved. An essential worker’s right to 
bring an action described in paragraph (1) or sub-
section (b)(2)(A) on behalf of similarly situated es-
sential workers to enforce such rights may not be 
subject to any private agreement that purports to 
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require the essential workers to pursue claims on an 
individual basis. 
(e) RECORDKEEPING.—An essential work employer 
receiving a grant under section 170104 shall make, keep, 
and preserve records pertaining to compliance with section 
170102 in accordance with section 11(c) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(c)) and in accord-
ance with regulations prescribed by the Secretary of 
Labor. 
(f) OUTREACH AND EDUCATION.—Out of amounts 
appropriated to the Secretary of the Treasury under sec-
tion 170107 for a fiscal year, the Secretary of the Treas-
ury shall transfer to the Secretary of Labor, $3,000,000, 
of which the Secretary of Labor shall use— 
(1) $2,500,000 for outreach to essential work 
employers and essential workers regarding the pre-
mium pay under section 170102; and 
(2) $500,000 to implement an advertising cam-
paign encouraging large essential work employers to 
provide the same premium pay provided for by sec-
tion 170102 using the large essential work employ-
ers’ own funds and without utilizing grants under 
this title. 
(g) CLARIFICATION
OF ENFORCING OFFICIAL.— 
Nothing in the Government Employee Rights Act of 1991 
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(42 U.S.C. 2000e–16a et seq.) or section 3(e)(2)(C) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(2)(C)) shall be construed to prevent the Secretary 
of Labor from carrying out the authority of the Secretary 
under this section in the case of State employees described 
in section 304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)). 
SEC. 170106. FUNDING FOR THE DEPARTMENT OF THE 
TREASURY OFFICE OF INSPECTOR GENERAL. 
There is appropriated, out of money in the Treasury 
not otherwise appropriated, to the Office of the Inspector 
General of the Department of the Treasury, $1,000,000 
to carry out audits, investigations, and other oversight ac-
tivities authorized under the Inspector General Act of 
1978 (5 U.S.C. App.) that are related to the provisions 
of, and amendments made by, this title, to remain avail-
able until December 31, 2022. 
SEC. 170107. AUTHORIZATION AND APPROPRIATIONS. 
There is authorized to be appropriated, and there is 
hereby appropriated, $180,000,000,000 to carry out this 
title, to remain available until expended. 
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TITLE 
II—PROVISIONS 
RELAT-
ING TO FEDERAL EMPLOYEES 
AND COVID–19 
SEC. 170201. DEFINITIONS. 
In this title— 
(1) the term ‘‘agency’’— 
(A) means— 
(i) each agency, office, or other estab-
lishment in the executive, legislative, or ju-
dicial branch of the Federal Government, 
including— 
(I) an Executive agency, as that 
term is defined in section 105 of title 
5, United States Code; 
(II) a military department, as 
that term is defined in section 102 of 
title 5, United States Code; 
(III) the Federal Aviation Ad-
ministration; 
(IV) the Transportation Security 
Administration; 
(V) the Department of Veterans 
Affairs; and 
(VI) the Government Account-
ability Office; 
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(ii) the District of Columbia courts 
and the District of Columbia Public De-
fender Service; and 
(iii)(I) an Indian tribe or tribal orga-
nization carrying out a contract or com-
pact under the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
5301 et seq.); 
(II) an Indian tribe or tribal organiza-
tion that receives a grant under the Trib-
ally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.); and 
(III) an urban Indian organization 
that receives a grant or carries out a con-
tract under title V of the Indian Health 
Care Improvement Act (25 U.S.C. 1651 et 
seq.); and 
(B) does not include— 
(i) the United States Postal Service or 
the Postal Regulatory Commission; or 
(ii) a nonappropriated fund instru-
mentality under the jurisdiction of the 
Armed Forces; 
(2) the term ‘‘covered duty’’— 
(A) means duty that requires— 
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(i) an employee to have regular or 
routine contact with the public; or 
(ii) the reporting of an employee to a 
worksite at which— 
(I) social distancing is not pos-
sible, consistent with the regularly as-
signed duties of the position of the 
employee; and 
(II) other preventative measures 
with respect to COVID–19 are not 
available; and 
(B) does not include duty that an employee 
performs while teleworking from a residence; 
(3) the term ‘‘covered period’’ means the period 
beginning on the date on which the Secretary of 
Health and Human Services declared a public health 
emergency under section 319 of the Public Health 
Service Act (42 U.S.C. 247d) with respect to 
COVID–19 and ending on the date that is 60 days 
after the date on which that public health emergency 
terminates; and 
(4) the term ‘‘employee’’— 
(A) means an employee of an agency; 
(B) includes— 
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(i) any employee of an agency who oc-
cupies a position within the General Sched-
ule under subchapter III of chapter 53 of 
title 5, United States Code; 
(ii) any employee of an agency whose 
pay is fixed and adjusted from time to 
time in accordance with prevailing rates 
under subchapter IV of chapter 53 of title 
5, United States Code, or by a wage board 
or similar administrative authority serving 
the same purpose; 
(iii) an official or employee of an In-
dian tribe, tribal organization, or urban In-
dian organization described in paragraph 
(1)(A)(iii); 
(iv) each employee of the Department 
of Veterans Affairs, including an employee 
appointed under chapter 74 of title 38, 
United States Code, without regard to 
whether section 7421(a) of that title, sec-
tion 7425(b) of that title, or any other pro-
vision of chapter 74 of that title is incon-
sistent with that inclusion; and 
(v) any other individual occupying a 
position in the civil service, as that term is 
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defined in section 2101 of title 5, United 
States Code; and 
(C) does not include— 
(i) a member of the uniformed serv-
ices, as that term is defined in section 
2101 of title 5, United States Code; 
(ii) an employee of an agency who oc-
cupies a position within the Executive 
Schedule under any of sections 5312 
through 5316 of title 5, United States 
Code; 
(iii) an individual in a Senior Execu-
tive Service position, unless the individual 
is a career appointee, as those terms are 
defined in section 3132(a) of title 5, 
United States Code; 
(iv) an individual serving in a position 
of a confidential or policy-determining 
character under Schedule C of subpart C 
of part 213 of title 5, Code of Federal 
Regulations, or any successor regulations; 
(v) a member of the Senate or House 
of Representatives, a Delegate to the 
House of Representatives, or the Resident 
Commissioner from Puerto Rico; or 
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(vi) an employee of the personal office 
of an individual described in clause (v), of 
a leadership office of the Senate or the 
House of Representatives, of a committee 
of the Senate or the House of Representa-
tives, or of a joint committee of Congress. 
SEC. 170202. PANDEMIC DUTY DIFFERENTIAL. 
(a) IN GENERAL.—There is established a schedule of 
pay differentials for covered duty as follows: 
(1) Subject to the availability of amounts pro-
vided in this title, and the conditions of subsection 
(b)(3), an employee is entitled to pay for that cov-
ered duty at the rate of basic pay, which includes 
any differential or other premium pay paid for regu-
larly scheduled work of the employee other than the 
differential established under this section, of the em-
ployee plus premium pay of $13 per hour. 
(2) The total amount of premium pay paid to 
an employee under paragraph (1) shall be— 
(A) with respect to an employee whose an-
nual rate of basic pay is less than $200,000, 
not more than $10,000 reduced by employer 
payroll taxes (as defined in section 170101(4)) 
with respect to such premium pay; and 
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(B) with respect to an employee whose an-
nual rate of basic pay is not less than 
$200,000, not more than $5,000 reduced by 
employer payroll taxes (as so defined) with re-
spect to such premium pay. 
(b) PAY.— 
(1) IN GENERAL.—With respect to the covered 
period, an employee is entitled to be paid the appli-
cable differential established under subsection (a) for 
any period, including any period during the covered 
period that precedes the date of enactment of this 
Act, in which the employee is carrying out covered 
duty, subject to the applicable limitations under that 
subsection. 
(2) RETROACTIVE PAYMENT.—With respect to 
a payment earned by an employee under this section 
for a period during the covered period that precedes 
the date of enactment of this Act, the employee shall 
be paid that payment in a lump sum payment as 
soon as is practicable after that date of enactment. 
(3) LIMITATION
ON
ENTITLEMENT.—An em-
ployee shall be entitled to be paid the applicable dif-
ferential established under subsection (a) only to the 
extent that amounts provided in this title will be 
made available to such employee’s agency pursuant 
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to section 170204(c)(1) in an amount sufficient to 
provide such applicable differential to all such eligi-
ble employees. 
(c) GUIDANCE AND REGULATIONS.— 
(1) EXECUTIVE BRANCH.— 
(A) IN GENERAL.—The Office of Personnel 
Management shall develop criteria for agencies 
in the executive branch of the Federal Govern-
ment regarding the means by which to deter-
mine the eligibility of an employee in such an 
agency for the pay differential established 
under this section, which shall— 
(i) be based on— 
(I) the duties performed by the 
employee; 
(II) the setting in which the em-
ployee performs the duties described 
in subclause (I); and 
(III) the interactions with the 
public required in order for the em-
ployee to perform the duties described 
in subclause (I); and 
(ii) apply equally to all such agencies. 
(B) REGULATIONS.—The Office of Per-
sonnel Management may prescribe regulations 
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implementing the pay differential under this 
section with respect to employees in the execu-
tive branch of the Federal Government. 
(2) OTHER BRANCHES, CERTAIN DC EMPLOY-
EES, AND CERTAIN TRIBAL OFFICIALS.— 
(A) IN GENERAL.—The employing author-
ity for each agency that is not in the executive 
branch of the Federal Government— 
(i) shall develop criteria regarding the 
means by which to determine the eligibility 
of an employee in such an agency for the 
pay differential established under this sec-
tion; and 
(ii) may prescribe regulations imple-
menting the pay differential under this sec-
tion with respect to employees in the appli-
cable agency. 
(B) CONSISTENCY
WITH
OPM
GUIDANCE 
AND
REGULATIONS.—Any criteria developed, 
and regulations prescribed, by an agency under 
subparagraph (A) shall, to the extent prac-
ticable, be comparable to any criteria developed 
and regulations prescribed by the Office of Per-
sonnel Management under paragraph (1). 
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SEC. 170203. LIMITATION ON PREMIUM PAY. 
(a) IN GENERAL.—Notwithstanding subsections (a) 
and (b) of section 5547 of title 5, United States Code, 
or a provision of any other Federal, State, or Tribal law 
that imposes a limitation on the amount of premium pay 
(including any premium pay paid under section 202 and 
any overtime pay paid for covered duty) that may be pay-
able to an employee, an employee may be paid such pre-
mium pay to the extent that the payment does not cause 
the aggregate of basic pay and such premium pay for serv-
ice performed in that calendar year by that employee to 
exceed the annual rate of basic pay payable for level II 
of the Executive Schedule, as of the end of the calendar 
year. 
(b) APPLICABILITY OF AGGREGATE LIMITATION ON 
PAY.—In determining whether a payment to an employee 
is subject to the limitation under section 5307(a) of title 
5, United States Code, a payment described in subsection 
(a) shall not apply. 
(c) APPLICABILITY OF CARES ACT.—The authority 
provided under this section shall be considered to be in 
addition to, and not a replacement for, the authority pro-
vided under section 18110 of title VIII of the CARES Act 
(Public Law 116–136). 
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(d) RETROACTIVE EFFECT.—This section shall take 
effect as if enacted on the date on which the covered pe-
riod began. 
SEC. 170204. AUTHORIZATION AND APPROPRIATION. 
(a) IN GENERAL.—There is authorized to be appro-
priated, and there is hereby appropriated, out of any 
money in the Treasury not otherwise appropriated, 
$10,000,000,000, to remain available until expended, for 
the offices and agencies described in subsection (b) of this 
section to carry out section 170202 and section 170203 
of this title and to make transfers authorized under sub-
section (c) of this section. 
(b) OFFICES AND AGENCIES.—The offices and agen-
cies described in this subsection are— 
(1) the Office of the Sergeant at Arms and 
Doorkeeper of the Senate; 
(2) the Office of the Clerk of the House of Rep-
resentatives; 
(3) the Office of the Sergeant at Arms of the 
House of Representatives; 
(4) the Office of the Chief Administrative Offi-
cer of the House of Representatives; 
(5) the Office of the Attending Physician; 
(6) the Capitol Police; 
(7) the Office of the Architect of the Capitol; 
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(8) the Library of Congress; 
(9) the Government Publishing Office; 
(10) the Government Accountability Office; 
(11) the Office of Personnel Management; 
(12) the Administrative Office of the United 
States Courts; 
(13) the District of Columbia Courts; and 
(14) the District of Columbia Public Defender 
Service. 
(c) TRANSFER AUTHORITY.— 
(1) OPM.—The Office of Personnel Manage-
ment may transfer funds made available under this 
section to other Federal agencies within the execu-
tive branch to reimburse such agencies for costs in-
curred to implement this title. 
(2) AOUSC.—The Administrative Office of the 
United States Courts may transfer funds made 
available under this section to other entities within 
the judicial branch to reimburse the entities for 
costs incurred to implement this title. 
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TITLE 
III—COORDINATION 
OF 
BENEFITS WITH OTHER PRO-
GRAMS AND LAWS 
SEC. 170301. COORDINATION WITH OTHER BENEFITS. 
(a) DISREGARD FOR PURPOSES OF FEDERAL AND 
STATE PROGRAMS.—Any payment provided under this 
Act shall not be regarded as income and shall not be re-
garded as a resource for the month of receipt and the fol-
lowing 12 months, for purposes of determining the eligi-
bility of the recipient (or the recipient’s spouse or family) 
for benefits or assistance, or the amount or extent of bene-
fits or assistance, under any Federal program or under 
any State or local program financed in whole or in part 
with Federal funds. 
(b) AMOUNTS NOT TAKEN INTO ACCOUNT FOR PUR-
POSES OF PREMIUM TAX CREDIT.— 
(1) IN GENERAL.—For purposes of determining 
modified adjusted gross income under section 
36B(d)(2)(B) of the Internal Revenue Code of 1986, 
adjusted gross income shall be reduced by any 
amounts received under subsection (b), including 
pursuant to subsection (f), of section 170102 or by 
reason of section 170202. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to the extent such reduction results in an 
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amount of household income (as defined in section 
36B(d)(2)(A) of such Code) of a taxpayer that is 
less than 100 percent of the poverty line (as defined 
in section 36B(d)(3) of such Code) for a family of 
the size involved (as determined under the rules of 
section 36B(d)(1) of such Code). 
(3) REPORTING.— 
(A) IN
GENERAL.—Any employer that 
makes an applicable payment during a calendar 
year shall include as a separately stated item on 
any written statement required under section 
6051 of the Internal Revenue Code of 1986 or 
any return or statement required by the Sec-
retary of the Treasury (or the Secretary’s dele-
gate) with respect to nonemployee compensation 
the aggregate amount of each type of applicable 
payments so made. 
(B) APPLICABLE
PAYMENTS.—For pur-
poses of this paragraph, the term ‘‘applicable 
payments’’ means— 
(i) amounts paid as premium pay 
under 
section 
170102(b), 
including 
amounts 
paid 
pursuant 
to 
section 
170102(f); and 
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(ii) amounts paid by reason of section 
170202. 
(c) EMPLOYMENT TAX TREATMENT FOR AMOUNTS 
PAID THROUGH GRANTS.— 
(1) IN
GENERAL.—For purposes of section 
3111(a) of the Internal Revenue Code of 1986, any 
amounts required to be paid by reason of this Act 
shall not be considered wages. 
(2) RAILROAD RETIREMENT TAXES.—For pur-
poses of section 3221(a) of the Internal Revenue 
Code of 1986, the amount of tax imposed under 
such section for any calendar year in which an em-
ployer is required to pay amounts under this Act 
shall be equal to the sum of— 
(A) the product of the rate in effect under 
section 3111(a) of such Code and the com-
pensation (reduced by any amounts required to 
be paid by reason of this Act) paid during any 
calendar year by such employer for services ren-
dered to such employer; and 
(B) the product of the rate in effect under 
section 3111(b) of such Code and the com-
pensation paid during any calendar year by 
such employer for services rendered to such em-
ployer. 
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(3) SELF-EMPLOYED INDIVIDUALS.— 
(A) IN GENERAL.—In the case of the tax 
imposed by section 1401(a) of the Internal Rev-
enue Code of 1986, the self-employment income 
for any taxable year in which the individual re-
ceived a payment required to be made under 
this Act shall be reduced by 50 percent of the 
amount of payments so made. 
(B) REGULATORY AUTHORITY.—The Sec-
retary of the Treasury (or the Secretary’s dele-
gate) shall prescribe regulations or other guid-
ance for the application of sections 164(f) and 
1402(a)(12) of the Internal Revenue Code of 
1986 with respect to amounts to which sub-
paragraph (A) applies. 
(4) TRANSFERS TO TRUST FUNDS.—There are 
hereby appropriated to the Federal Old Age and 
Survivors Insurance Trust Fund and the Federal 
Disability Insurance Trust Fund established under 
section 201 of the Social Security Act (42 U.S.C. 
401) and the Social Security Equivalent Benefit Ac-
count established under section 15A(a) of the Rail-
road Retirement Act of 1974 (45 U.S.C. 231n–1(a)) 
amounts equal to the reduction in revenues to the 
Treasury by reason of this subsection (without re-
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gard to this paragraph). Amounts appropriated by 
the preceding sentence shall be transferred from the 
general fund at such times and in such manner as 
to replicate to the extent possible the transfers 
which would have occurred to such Trust Fund or 
Account had this section not been enacted. 
SEC. 170302. CLARIFICATION OF COORDINATION WITH 
OTHER LAWS. 
(a) ESSENTIAL WORKERS RIGHTS AND BENEFITS.— 
Nothing in this Act shall be construed to allow noncompli-
ance with or in any way to diminish, and shall instead 
be construed to be in addition to, the rights or benefits 
that an essential worker is entitled to under any— 
(1) Federal, State, or local law, including regu-
lation; 
(2) collective bargaining agreement; or 
(3) employer policy. 
(b) TITLE 5.—Nothing in this Act shall be construed 
to affect the application of the provisions of sections 5343 
or 5545 of title 5, United States Code, with respect to 
pay differentials for duty involving unusual physical hard-
ship or hazard, or environmental differentials. 
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SEC. 170303. APPLICABILITY OF FAIR LABOR STANDARDS 
ACT OF 1938 TO SOVEREIGN TRIBAL EMPLOY-
ERS. 
The receipt of any funds through a grant under sec-
tion 170104, or any funds under title II, by a sovereign 
Tribal employer, as defined in section 170101(12), shall 
not expand, constrict, or alter the application of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) to 
such sovereign Tribal employer. 
DIVISION R—CHILD NUTRITION 
AND RELATED PROGRAMS 
SEC. 180001. SHORT TITLE. 
This division may be cited as the ‘‘Child Nutrition 
and Related Programs Recovery Act’’. 
SEC. 180002. EMERGENCY COSTS FOR CHILD NUTRITION 
PROGRAMS DURING COVID–19 PANDEMIC. 
(a) USE OF CERTAIN APPROPRIATIONS TO COVER 
EMERGENCY OPERATIONAL COSTS UNDER SCHOOL MEAL 
PROGRAMS.— 
(1) IN GENERAL.— 
(A) REQUIRED
ALLOTMENTS.—Notwith-
standing any other provision of law, the Sec-
retary shall allocate to each State that partici-
pates in the reimbursement program under 
paragraph (3) such amounts as may be nec-
essary to carry out reimbursements under such 
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paragraph for each reimbursement month, in-
cluding, subject to paragraph (4)(B), adminis-
trative expenses necessary to make such reim-
bursements. 
(B) GUIDANCE
WITH
RESPECT
TO
PRO-
GRAM.—Not later than 10 days after the date 
of the enactment of this section, the Secretary 
shall issue guidance with respect to the reim-
bursement program under paragraph (3). 
(2) 
REIMBURSEMENT
PROGRAM
APPLICA-
TION.—To participate in the reimbursement pro-
gram under paragraph (3), not later than 30 days 
after the date described in paragraph (1), a State 
shall submit an application to the Secretary that in-
cludes a plan to calculate and disburse reimburse-
ments under the reimbursement program under 
paragraph (3). 
(3) REIMBURSEMENT
PROGRAM.—Using the 
amounts allocated under paragraph (1)(A), a State 
participating in the reimbursement program under 
this paragraph shall make reimbursements for emer-
gency operational costs for each reimbursement 
month as follows: 
(A) For each new school food authority in 
the State for the reimbursement month, an 
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amount equal to 55 percent of the amount 
equal to— 
(i) the average monthly amount such 
new school food authority was reimbursed 
under the reimbursement sections for 
meals and supplements served by such new 
school food authority during the alternate 
period; minus 
(ii) the amount such new school food 
authority was reimbursed under the reim-
bursement sections for meals and supple-
ments served by such new school food au-
thority during such reimbursement month. 
(B) For each school food authority not de-
scribed in subparagraph (A) in the State for 
the reimbursement month, an amount equal to 
55 percent of— 
(i) the amount such school food au-
thority was reimbursed under the reim-
bursement sections for meals and supple-
ments served by such school food authority 
for the month beginning one year before 
such reimbursement month; minus 
(ii) the amount such school food au-
thority was reimbursed under the reim-
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bursement sections for meals and supple-
ments served by such school food authority 
during such reimbursement month. 
(4) TREATMENT OF FUNDS.— 
(A) AVAILABILITY.—Funds allocated to a 
State under paragraph (1)(A) shall remain 
available until March 30, 2021. 
(B) ADMINISTRATIVE EXPENSES.—A State 
may reserve not more than 1 percent of the 
funds allocated under paragraph (1)(A) for ad-
ministrative expenses to carry out this sub-
section. 
(C) UNEXPENDED
BALANCE.—On Sep-
tember 30, 2021, any amounts allocated to a 
State under paragraph (1)(A) or reimbursed to 
a school food authority or new school food au-
thority under paragraph (3) that are unex-
pended by such State, school food authority, or 
new school food authority shall revert to the 
Secretary. 
(5) REPORTS.—Each State that carries out a 
reimbursement program under paragraph (3) shall, 
not later than September 30, 2021, submit a report 
to the Secretary that includes a summary of the use 
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of such funds by the State and each school food au-
thority and new school food authority in such State. 
(b) USE OF CERTAIN APPROPRIATIONS TO COVER 
CHILD AND ADULT CARE FOOD PROGRAM CHILD CARE 
OPERATIONAL EMERGENCY COSTS DURING COVID–19 
PANDEMIC.— 
(1) IN GENERAL.— 
(A) REQUIRED
ALLOTMENTS.—Notwith-
standing any other provision of law, the Sec-
retary shall allocate to each State that partici-
pates in the reimbursement program under 
paragraph (3) such amounts as may be nec-
essary to carry out reimbursements under such 
paragraph for each reimbursement month, in-
cluding, subject to paragraph (4)(C), adminis-
trative expenses necessary to make such reim-
bursements. 
(B) GUIDANCE
WITH
RESPECT
TO
PRO-
GRAM.—Not later than 10 days after the date 
of the enactment of this section, the Secretary 
shall issue guidance with respect to the reim-
bursement program under paragraph (3). 
(2) 
REIMBURSEMENT
PROGRAM
APPLICA-
TION.—To participate in the reimbursement pro-
gram under paragraph (3), not later than 30 days 
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after the date described in paragraph (1), a State 
shall submit an application to the Secretary that in-
cludes a plan to calculate and disburse reimburse-
ments under the reimbursement program under 
paragraph (3). 
(3) REIMBURSEMENT
AMOUNT.—Using the 
amounts allocated under paragraph (1)(A), a State 
participating in the reimbursement program under 
this paragraph shall make reimbursements for child 
care operational emergency costs for each reimburse-
ment month as follows: 
(A) For each new covered institution in the 
State for the reimbursement month, an amount 
equal to 55 percent of— 
(i) the average monthly amount such 
covered institution was reimbursed under 
subsection (c) and subsection (f) of section 
17 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766) for 
meals and supplements served by such new 
covered institution during the alternate pe-
riod; minus 
(ii) the amount such covered institu-
tion was reimbursed under such section for 
meals and supplements served by such new 
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covered institution during such reimburse-
ment month. 
(B) For each covered institution not de-
scribed in subparagraph (A) in the State for 
the reimbursement month, an amount equal to 
55 percent of— 
(i) the amount such covered institu-
tion was reimbursed under subsection (c) 
and subsection (f) of section 17 of the 
Richard B. Russell National School Lunch 
Act (42 U.S.C. 1766) for meals and sup-
plements served by such covered institution 
during the month beginning one year be-
fore such reimbursement month; minus 
(ii) the amount such covered institu-
tion was reimbursed under such section for 
meals and supplements served by such cov-
ered institution during such reimbursement 
month. 
(C) For each new sponsoring organization 
of a family or group day care home in the State 
for the reimbursement month, an amount equal 
to 55 percent of— 
(i) the average monthly amount such 
new sponsoring organization of a family or 
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group day care home was reimbursed 
under section 17(f)(3)(B) of the Richard 
B. Russell National School Lunch Act (42 
U.S.C. 1766(f)(3)(B)) for administrative 
funds for the alternate period; minus 
(ii) the amount such new sponsoring 
organization of a family or group day care 
home was reimbursed under such section 
for administrative funds for the reimburse-
ment month. 
(D) For each sponsoring organization of a 
family or group day care home not described in 
subparagraph (C) in the State for the reim-
bursement month, an amount equal to 55 per-
cent of— 
(i) the amount such sponsoring orga-
nization of a family or group day care 
home 
was 
reimbursed 
under 
section 
17(f)(3)(B) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 
1766(f)(3)(B)) for administrative funds for 
the month beginning one year before such 
reimbursement month; minus 
(ii) the amount such sponsoring orga-
nization of a family or group day care 
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home was reimbursed under such section 
for administrative funds for such reim-
bursement month. 
(4) TREATMENT OF FUNDS.— 
(A) AVAILABILITY.—Funds allocated to a 
State under paragraph (1)(A) shall remain 
available until March 30, 2021. 
(B) UNAFFILIATED CENTER.—In the case 
of a covered institution or a new covered insti-
tution that is an unaffiliated center that is 
sponsored by a sponsoring organization and re-
ceives funds for a reimbursement month under 
subparagraph (A) or (B), such unaffiliated cen-
ter shall provide to such sponsoring organiza-
tion an amount of such funds as agreed to by 
the sponsoring organization and the unaffiliated 
center, except such amount may not be greater 
be than 15 percent of such funds. 
(C) ADMINISTRATIVE EXPENSES.—A State 
may reserve not more than 1 percent of the 
funds allocated under paragraph (1)(A) for ad-
ministrative expenses to carry out this sub-
section. 
(D) UNEXPENDED
BALANCE.—On Sep-
tember 30, 2021, any amounts allocated to a 
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State under paragraph (1)(A) or reimbursed to 
a new covered institution, covered institution, 
new sponsoring organization of a family or 
group day care home, or sponsoring organiza-
tion of a family or group day care home that 
are unexpended by such State, new covered in-
stitution, covered institution, new sponsoring 
organization of a family or group day care 
home, or sponsoring organization of a family or 
group day care home, shall revert to the Sec-
retary. 
(5) REPORTS.—Each State that carries out a 
reimbursement program under paragraph (3) shall, 
not later than September 30, 2021, submit a report 
to the Secretary that includes a summary of the use 
of such funds by the State and each new covered in-
stitution, covered institution, new sponsoring organi-
zation of a family or group day care home, or spon-
soring organization of a family or group day care 
home. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
such sums as may be necessary. 
(d) DEFINITIONS.—In this section: 
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(1) ALTERNATE PERIOD.—The term ‘‘alternate 
period’’ means the period beginning January 1, 
2020 and ending February 29, 2020. 
(2) EMERGENCY
OPERATIONAL
COSTS.—The 
term ‘‘emergency operational costs’’ means the costs 
incurred by a school food authority or new school 
food authority— 
(A) during a public health emergency; 
(B) that are related to the ongoing oper-
ation, modified operation, or temporary suspen-
sion of operation (including administrative 
costs) of such school food authority or new 
school food authority; and 
(C) except as provided under subsection 
(a), that are not reimbursed under a Federal 
grant. 
(3) CHILD
CARE
OPERATIONAL
EMERGENCY 
COSTS.—The term ‘‘child care operational emergency 
costs’’ means the costs under the child and adult 
care food program under section 17 of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1766) incurred by a new covered institution, covered 
institution, new sponsoring organization of a family 
or group day care home, or sponsoring organization 
of a family or group day care home— 
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(A) during a public health emergency; 
(B) that are related to the ongoing oper-
ation, modified operation, or temporary suspen-
sion of operation (including administrative 
costs) of such new covered institution, covered 
institution, new sponsoring organization of a 
family or group day care home, sponsoring or-
ganization of a family or group day care home, 
or sponsoring organization of an unaffiliated 
center; and 
(C) except as provided under subsection 
(b), that are not reimbursed under a Federal 
grant. 
(4) COVERED
INSTITUTION.—The term ‘‘cov-
ered institution’’ means— 
(A) an institution (as defined in section 
17(a)(2) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(a)(2))); and 
(B) a family or group day care home. 
(5) NEW
COVERED
INSTITUTION.—The term 
‘‘new covered institution’’ means a covered institu-
tion for which no reimbursements were made for 
meals and supplements under section 17(c) or (f) of 
the Richard B. Russell National School Lunch Act 
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(42 U.S.C. 1766) with respect to the previous reim-
bursement period. 
(6) NEW SCHOOL FOOD AUTHORITY.—The term 
‘‘new school food authority’’ means a school food au-
thority for which no reimbursements were made 
under the reimbursement sections with respect to 
the previous reimbursement period. 
(7) NEW
SPONSORING
ORGANIZATION
OF
A 
FAMILY
OR
GROUP
DAY
CARE.—The term ‘‘new 
sponsoring organization of a family or group day 
care’’ means a sponsoring organization of a family 
or group day care home for which no reimburse-
ments for administrative funds were made under 
section 17(f)(3)(B) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1766(f)(3)(B)) 
for the previous reimbursement period. 
(8) PREVIOUS REIMBURSEMENT PERIOD.—The 
term ‘‘previous reimbursement period’’ means the 
period beginning March 1, 2019 and ending June 
30, 2019. 
(9) PUBLIC HEALTH EMERGENCY.—The term 
‘‘public health emergency’’ means a public health 
emergency declared pursuant to section 319 of the 
Public Health Service Act (42 U.S.C. 247d) result-
ing from the COVID–19 pandemic. 
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(10) REIMBURSEMENT MONTH.—The term ‘‘re-
imbursement month’’ means March 2020, April 
2020, May 2020, and June 2020. 
(11) REIMBURSEMENT
SECTIONS.—The term 
‘‘reimbursement sections’’ means— 
(A) section 4(b), section 11(a)(2), section 
13, and section 17A(c) of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 
1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C. 
1761; 42 U.S.C. 1766a(c)); and 
(B) section 4 of the Child Nutrition Act 
(42 U.S.C. 1773). 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Agriculture. 
(13) STATE.— The term ‘‘State’’ has the mean-
ing given such term in section 12(d)(8) of the Rich-
ard B. Russell National School Lunch Act (42 
U.S.C. 1760(d)(8)). 
SEC. 180003. AMENDMENTS TO THE PANDEMIC EBT ACT. 
Section 1101 of the Families First Coronavirus Re-
sponse Act (Public Law 116–127) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘fiscal year 2020’’ and in-
serting ‘‘fiscal years 2020 and 2021’’; 
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(B) by striking ‘‘during which the school 
would otherwise be in session’’; and 
(C) by inserting ‘‘until the school reopens’’ 
after ‘‘assistance’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘and State agency plans 
for child care covered children in accordance 
with subsection (i)’’ after ‘‘with eligible chil-
dren’’; 
(B) by inserting ‘‘, a plan to enroll chil-
dren who become eligible children during a pub-
lic health emergency designation’’ before ‘‘, and 
issuances’’; 
(C) by striking ‘‘in an amount not less 
than the value of meals at the free rate over the 
course of 5 school days’’ and inserting ‘‘in ac-
cordance with subsection (h)(1)’’; and 
(D) by inserting ‘‘and for each child care 
covered child in the household’’ before the pe-
riod at the end; 
(3) in subsection (c), by inserting ‘‘or child care 
center’’ after ‘‘school’’; 
(4) by amending subsection (e) to read as fol-
lows: 
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‘‘(e) RELEASE OF INFORMATION.—Notwithstanding 
any other provision of law, the Secretary of Agriculture 
may authorize— 
‘‘(1) State educational agencies and school food 
authorities administering a school lunch program 
under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.) to release to appro-
priate officials administering the supplemental nutri-
tion assistance program such information as may be 
necessary to carry out this section with respect to el-
igible children; and 
‘‘(2) State agencies administering a child and 
adult care food program under section 17 of the 
Richard B. Russell National School Lunch Act (42 
U.S.C. 1766) to release to appropriate officials ad-
ministering the supplemental nutrition assistance 
program such information as may be necessary to 
carry out this section with respect to child care cov-
ered children.’’; 
(5) by amending subsection (g) to read as fol-
lows: 
‘‘(g) AVAILABILITY OF COMMODITIES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
during fiscal year 2020, the Secretary of Agriculture 
may purchase commodities for emergency distribu-
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tion in any area of the United States during a public 
health emergency designation. 
‘‘(2) PURCHASES.—Funds made available to 
carry out this subsection on or after the date of the 
enactment of the Child Nutrition and Related Pro-
grams Recovery Act may only be used to purchase 
commodities for emergency distribution— 
‘‘(A) under commodity distribution pro-
grams and child nutrition programs that were 
established and administered by the Food and 
Nutrition Service on or before the day before 
the date of the enactment of the Families First 
Coronavirus Response Act (Public Law 116– 
127); 
‘‘(B) to Tribal organizations (as defined in 
section 3 of the Food and Nutrition Act of 
2008 (7 U.S.C. 2012)), that are not admin-
istering the food distribution program estab-
lished under section 4(b) of the Food and Nu-
trition Act of 2008 (7 U.S.C. 2013(b)); or 
‘‘(C) to emergency feeding organizations 
that are eligible recipient agencies (as such 
terms are defined in section 201A of the Emer-
gency Food Assistance Act of 1983 (7 U.S.C. 
7501)).’’. 
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(6) by redesignating subsections (h) and (i) as 
subsections (l) and (m); 
(7) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) AMOUNT OF BENEFITS.— 
‘‘(1) IN GENERAL.—A household shall receive 
benefits under this section in an amount equal to 1 
breakfast and 1 lunch at the free rate for each eligi-
ble child or child care covered child in such house-
hold for each day. 
‘‘(2) TREATMENT OF NEWLY ELIGIBLE CHIL-
DREN.—In the case of a child who becomes an eligi-
ble child during a public health emergency designa-
tion, the Secretary and State agency shall— 
‘‘(A) if such child becomes an eligible child 
during school year 2019–2020, treat such child 
as if such child was an eligible child as of the 
date the school in which the child is enrolled 
closed; and 
‘‘(B) if such child becomes an eligible child 
after school year 2019–2020, treat such child 
as an eligible child as of the first day of the 
month in which such child becomes so eligible. 
‘‘(i) CHILD CARE COVERED CHILD ASSISTANCE.— 
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‘‘(1) IN GENERAL.—During fiscal years 2020 
and 2021, in any case in which a child care center 
is closed for at least 5 consecutive days during a 
public health emergency designation, each household 
containing at least 1 member who is a child care 
covered child attending the child care center shall be 
eligible until the schools in the State in which such 
child care center is located reopen, as determined by 
the Secretary, to receive assistance pursuant to— 
‘‘(A) a State agency plan approved under 
subsection (b) that includes— 
‘‘(i) an application by the State agen-
cy seeking to participate in the program 
under this subsection; and 
‘‘(ii) a State agency plan for tem-
porary emergency standards of eligibility 
and levels of benefits under the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 et 
seq.) for households with child care covered 
children; or 
‘‘(B) an addendum application described in 
paragraph (2). 
‘‘(2) ADDENDUM APPLICATION.—In the case of 
a State agency that submits a plan to the Secretary 
of Agriculture under subsection (b) that does not in-
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clude an application or plan described in clauses (i) 
and (ii) of paragraph (1)(A), such State agency may 
apply to participate in the program under this sub-
section by submitting to the Secretary of Agriculture 
an addendum application for approval that includes 
a State agency plan described in such clause (ii). 
‘‘(3) REQUIREMENTS FOR PARTICIPATION.—A 
State agency may not participate in the program 
under this subsection if— 
‘‘(A) the State agency plan submitted by 
such State agency under subsection (b) with re-
spect to eligible children is not approved by the 
Secretary under such subsection; or 
‘‘(B) the State agency plan submitted by 
such State agency under subsection (b) or this 
subsection with respect to child care covered 
children is not approved by the Secretary under 
either such subsection. 
‘‘(4) AUTOMATIC ENROLLMENT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall deem a child who 
is less than 6 years of age to be a child care 
covered child eligible to receive assistance under 
this subsection if— 
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‘‘(i) the household with such child at-
tests that such child is a child care covered 
child; 
‘‘(ii) such child resides in a household 
that includes an eligible child; 
‘‘(iii) such child receives cash assist-
ance benefits under the temporary assist-
ance for needy families program under 
part A of title IV of the Social Security 
Act (42 U.S.C. 601 et seq.); 
‘‘(iv) such child receives assistance 
under the Child Care and Development 
Block Grant Act of 1990 (42 U.S.C. 9857 
et seq.); 
‘‘(v) such child is— 
‘‘(I) enrolled as a participant in a 
Head Start program authorized under 
the Head Start Act (42 U.S.C. 9831 
et seq.); 
‘‘(II) a foster child whose care 
and placement is the responsibility of 
an agency that administers a State 
plan under part B or E of title IV of 
the Social Security Act (42 U.S.C. 
621 et seq.); 
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‘‘(III) a foster child who a court 
has placed with a caretaker house-
hold; or 
‘‘(IV) a homeless child or youth 
(as defined in section 725(2) of the 
McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11434a(2))); 
‘‘(vi) such child participates in the 
special supplemental nutrition program for 
women, infants, and children under section 
17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786); 
‘‘(vii) through the use of information 
obtained by the State agency for the pur-
pose of participating in the supplemental 
nutrition assistance program under the 
Food and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.), the State agency elects to 
treat as a child care covered child each 
child less than 6 years of age who is a 
member of a household that receives sup-
plemental nutrition assistance program 
benefits under such Act; or 
‘‘(viii) the State in which such child 
resides determines that such child is a 
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child care covered child, using State data 
approved by the Secretary. 
‘‘(B) ACCEPTANCE
OF
ANY
FORM
OF 
AUTOMATIC ENROLLMENT.— 
‘‘(i) ONE
CATEGORY.—For purposes 
of deeming a child to be a child care cov-
ered child under subparagraph (A), a State 
agency may not be required to show that 
a child meets more than one requirement 
specified in clauses (i) through (viii) of 
such subparagraph. 
‘‘(ii) DEEMING REQUIREMENT.—If a 
State agency submits to the Secretary in-
formation that a child meets any one of 
the requirements specified in clauses (i) 
through (viii) of subparagraph (A), the 
Secretary shall deem such child a child 
care covered child under such subpara-
graph. 
‘‘(j) EXCLUSIONS.—The provisions of section 16 of 
the Food and Nutrition Act of 2008 (7 U.S.C. 2025) re-
lating to quality control shall not apply with respect to 
assistance provided under this section. 
‘‘(k) FEASIBILITY ANALYSIS.— 
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‘‘(1) IN
GENERAL.—Not later than 30 days 
after the date of the enactment of the Child Nutri-
tion and Related Programs Recovery Act, the Sec-
retary shall submit to the Education and Labor 
Committee and the Agriculture Committee of the 
House of Representatives and the Committee on Ag-
riculture, Nutrition, and Forestry of the Senate a 
report on— 
‘‘(A) the feasibility of implementing the 
program for eligible children under this section 
using an EBT system in Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, 
and American Samoa similar to the manner in 
which the supplemental nutrition assistance 
program under the Food and Nutrition Act of 
2008 is operated in the States, including an 
analysis of–— 
‘‘(i) the current nutrition assistance 
program issuance infrastructure; 
‘‘(ii) the availability of— 
‘‘(I) an EBT system, including 
the ability for authorized retailers to 
accept EBT cards; and 
‘‘(II) EBT cards; 
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‘‘(iii) the ability to limit purchases 
using nutrition assistance program benefits 
to food for home consumption; and 
‘‘(iv) the availability of reliable data 
necessary for the implementation of such 
program under this section for eligible chil-
dren and child care covered children, in-
cluding the names of such children and the 
mailing addresses of their households; and 
‘‘(B) the feasibility of implementing the 
program for child care covered children under 
subsection (i) in Puerto Rico, the Common-
wealth of the Northern Mariana Islands, and 
American Samoa, including with respect to such 
program each analysis specified in clauses (i) 
through (iv) of subparagraph (A). 
‘‘(2) CONTINGENT AVAILABILITY OF PARTICIPA-
TION.—Beginning 30 days after the date of the en-
actment of the Child Nutrition and Related Pro-
grams Recovery Act, Puerto Rico, the Common-
wealth of the Northern Mariana Islands, and Amer-
ican Samoa may each— 
‘‘(A) submit a plan under subsection (b), 
unless the Secretary makes a finding, based on 
the analysis provided under paragraph (1)(A), 
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that the implementation of the program for eli-
gible children under this section is not feasible 
in such territories; and 
‘‘(B) submit a plan under subsection (i), 
unless the Secretary makes a finding, based on 
the analysis provided under paragraph (1)(B), 
that the implementation of the program for 
child care covered children under subsection (i) 
is not feasible in such territories. 
‘‘(3) TREATMENT
OF
PLANS
SUBMITTED
BY 
TERRITORIES.—Notwithstanding any other provision 
of law, with respect to a plan submitted pursuant to 
this subsection by Puerto Rico, the Commonwealth 
of the Northern Mariana Islands, or American 
Samoa under subsection (b) or subsection (i), the 
Secretary shall treat such plan in the same manner 
as a plan submitted by a State agency under such 
subsection, including with respect to the terms of 
funding provided under subsection (m).’’; 
(8) in subsection (l), as redesigned by para-
graph (7)— 
(A) by redesignating paragraph (1) as 
paragraph (3); 
(B) by redesignating paragraphs (2) and 
(3) as paragraphs (5) and (6), respectively; 
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(C) by inserting before paragraph (3) (as 
so redesignated) the following: 
‘‘(1) The term ‘child care center’ means an or-
ganization described in subparagraph (A) or (B) of 
section 17(a)(2) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1766(a)(2)) and a 
family or group day care home. 
‘‘(2) The term ‘child care covered child’ means 
a child served under section 17 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1766) who, if not for the closure of the child care 
center attended by the child during a public health 
emergency designation and due to concerns about a 
COVID–19 outbreak, would receive meals under 
such section at the child care center.’’; and 
(D) by inserting after paragraph (3) (as so 
redesignated) the following: 
‘‘(4) The term ‘free rate’ means— 
‘‘(A) with respect to a breakfast, the rate 
of a free breakfast under the school breakfast 
program under section 4 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1773); and 
‘‘(B) with respect to a lunch, the rate of 
a free lunch under the school lunch program 
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under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1771 et seq.).’’; and 
(9) in subsection (m), as redesignated by para-
graph (7), by inserting ‘‘(including all administrative 
expenses)’’ after ‘‘this section’’. 
SEC. 180004. FRESH PRODUCE FOR KIDS IN NEED. 
Section 2202(f)(1) of the Families First Coronavirus 
Response Act (Public Law 116–127) is amended by add-
ing at the end the following: 
‘‘(E) The fresh fruit and vegetable pro-
gram under section 19 of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 
1769a).’’. 
SEC. 180005. WIC BENEFIT FLEXIBILITY DURING COVID–19 
ACT. 
(a) IN GENERAL.— 
(1) AUTHORITY
TO
INCREASE
AMOUNT
OF 
CASH-VALUE
VOUCHER.—During the COVID–19 
public health emergency declared under section 319 
of the Public Health Service Act (42 U.S.C. 247d) 
and in response to challenges related to such public 
health emergency, the Secretary may increase the 
amount of a cash-value voucher under a qualified 
food package to an amount less than or equal to 
$35. 
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(b) DEFINITIONS.— 
(1) CASH-VALUE VOUCHER.—The term ‘‘cash- 
value voucher’’ has the meaning given the term in 
section 246.2 of title 7, Code of Federal Regula-
tions. 
(2) QUALIFIED
FOOD
PACKAGE.—The term 
‘‘qualified food package’’ means the following food 
packages under section 246.10(e) of title 7, Code of 
Federal Regulations: 
(A) Food Package IV–Children 1 through 
4 years. 
(B) Food Package V–Pregnant and par-
tially (mostly) breastfeeding women. 
(C) Food Package VI–Postpartum women. 
(D) 
Food 
Package 
VII–Fully 
breastfeeding. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(4) STATE AGENCY.—The term ‘‘State agency’’ 
has the meaning given the term in section 17(b) of 
the Child Nutrition Act of 1966 (42 U.S.C. 
1786(b)). 
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SEC. 180006. CALCULATION OF PAYMENTS AND REIM-
BURSEMENTS FOR CERTAIN CHILD NUTRI-
TION PROGRAMS. 
(a) RICHARD
B. RUSSELL
NATIONAL
SCHOOL 
LUNCH ACT.— 
(1) NUTRITION PROMOTION.—Notwithstanding 
any other provision of law, for purposes of making 
a payment to a State under section 5 of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1754), the Secretary shall deem the number of 
lunches served by school food authorities in such 
State during the 2020 period to be equal to the 
greater of the following: 
(A) The number of lunches served by such 
school food authorities in such State during the 
2019 period. 
(B) The number of lunches served by such 
school food authorities in such State during the 
2020 period. 
(2) COMMODITY ASSISTANCE.—Notwithstanding 
any other provision of law, for purposes of providing 
commodity assistance to a State under section 
6(c)(1)(C) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1755(c)(1)(C)) or cash assist-
ance in lieu of such commodity assistance under sec-
tion 16 of such Act (42 U.S.C. 1765) the Secretary 
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shall deem the number of lunches served by school 
food authorities in such State during the 2020 pe-
riod to be equal to the greater of the following: 
(A) The number of lunches served by such 
school food authorities in such State during the 
2019 period. 
(B) The number of lunches served by such 
school food authorities in such State during the 
2020 period. 
(3) SPECIAL ASSISTANCE PAYMENTS.—Notwith-
standing any other provision of law, in determining 
the number of meals served by a school for purposes 
of making special assistance payments to a State 
with respect to a school under subparagraph (B), 
clause (ii) or (iii) of subparagraph (C), or subpara-
graph (E)(i)(II) of section 11(a)(1) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1759a(a)(1)), the Secretary shall deem the number 
of meals served by such school during the 2020 pe-
riod to be equal to the greater of the following: 
(A) The number of meals served by such 
school during the 2019 period. 
(B) The number of meals served by such 
school during the 2020 period. 
(b) CHILD NUTRITION ACT OF 1966.— 
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(1) STATE ADMINISTRATIVE EXPENSES.—Not-
withstanding any other provision of law, for pur-
poses of making payments to a State under section 
7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 
1776(a)), the Secretary shall deem the number of 
meals and supplements served by such school food 
authorities in such State during the 2020 period to 
be equal to the greater of the following: 
(A) The number of meals and supplements 
served by such school food authorities in such 
State during the 2019 period. 
(B) The number of meals and supplements 
served by such school food authorities in such 
State during the 2020 period. 
(2) TEAM
NUTRITION
NETWORK.—Notwith-
standing any other provision of law, for purposes of 
making allocations to a State under section 19(d) of 
the Child Nutrition Act of 1966 (42 U.S.C. 
1788(d)), the Secretary shall deem the number of 
lunches served by school food authorities in such 
State during the 2020 period to be equal to the 
greater of the following: 
(A) The number of lunches served by such 
school food authorities in such State during the 
2019 period. 
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(B) The number of lunches served by such 
school food authorities in such State during the 
2020 period. 
(c) DEFINITIONS.—In this section: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(2) 2019 PERIOD.—The term ‘‘2019 period’’ 
means the period beginning March 1, 2019 and end-
ing June 30, 2019. 
(3) 2020 PERIOD.—The term ‘‘2020 period’’ 
means the period beginning March 1, 2020 and end-
ing June 30, 2020. 
SEC. 180007. REPORTING ON WAIVER AUTHORITY. 
(a) IN GENERAL.—Not later than 10 days after the 
date of the receipt or issuance of each document listed 
in paragraph (1), (2), or (3) of this subsection, the Sec-
retary of Agriculture shall make publicly available on the 
website of the Department of Agriculture the following 
documents: 
(1) Any request submitted by State agencies for 
a qualified waiver. 
(2) The Secretary’s approval or denial of each 
such request. 
(3) Any guidance issued by the Secretary with 
respect to a qualified waiver. 
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(b) INCLUSION OF DATE WITH GUIDANCE.—With re-
spect to the guidance described in subsection (a)(3), the 
Secretary of Agriculture shall include the date on which 
such guidance was issued on the publicly available website 
of the Department of Agriculture on such guidance. 
(c) QUALIFIED WAIVER DEFINED.—In this section, 
the term ‘‘qualified waiver’’ means a waiver under section 
2102, 2202, 2203, or 2204 of the Families First 
Coronavirus Response Act (Public Law 116–127). 
DIVISION S—OTHER MATTERS 
TITLE I—HEALTH CARE ACCESS 
FOR 
URBAN 
NATIVE 
VET-
ERANS ACT 
SEC. 190101. SHORT TITLE. 
This title may be cited as the ‘‘Health Care Access 
for Urban Native Veterans Act’’. 
SEC. 190102. SHARING ARRANGEMENTS WITH FEDERAL 
AGENCIES. 
Section 405 of the Indian Health Care Improvement 
Act (25 U.S.C. 1645) is amended— 
(1) in subsection (a)(1), by inserting ‘‘urban In-
dian organizations,’’ before ‘‘and tribal organiza-
tions’’; and 
(2) in subsection (c)— 
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(A) by inserting ‘‘urban Indian organiza-
tion,’’ before ‘‘or tribal organization’’; and 
(B) by inserting ‘‘an urban Indian organi-
zation,’’ before ‘‘or a tribal organization’’. 
TITLE II—TRIBAL SCHOOL 
FEDERAL INSURANCE PARITY 
SEC. 190201. SHORT TITLE. 
This title may be cited as the ‘‘Tribal School Federal 
Insurance Parity Act’’. 
SEC. 190202. AMENDMENT TO THE INDIAN HEALTH CARE 
IMPROVEMENT ACT. 
Section 409 of the Indian Health Care Improvement 
Act (25 U.S.C. 1647b) is amended by inserting ‘‘or the 
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 
et seq.)’’ after ‘‘(25 U.S.C. 450 et seq.)’’. 
TITLE III—PRC FOR NATIVE 
VETERANS ACT 
SEC. 190301. SHORT TITLE. 
This title may be cited as the ‘‘Proper and Reim-
bursed Care for Native Veterans Act’’ or the ‘‘PRC for 
Native Veterans Act’’. 
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SEC. 190302. CLARIFICATION OF REQUIREMENT OF DE-
PARTMENT OF VETERANS AFFAIRS AND DE-
PARTMENT OF DEFENSE TO REIMBURSE IN-
DIAN 
HEALTH 
SERVICE 
FOR 
CERTAIN 
HEALTH CARE SERVICES. 
Section 405(c) of the Indian Health Care Improve-
ment Act (25 U.S.C. 1645) is amended by inserting before 
the period at the end the following: ‘‘, regardless of wheth-
er such services are provided directly by the Service, an 
Indian tribe, or tribal organization, through contract 
health services, or through a contract for travel described 
in section 213(b)’’. 
TITLE IV—WILDLIFE-BORNE 
DISEASE PREVENTION 
SEC. 190401. SHORT TITLE. 
This title may be cited as the ‘‘Wildlife-Borne Disease 
Prevention Act of 2020’’. 
SEC. 190402. MEASURES TO ADDRESS SPECIES THAT POSE 
A RISK TO HUMAN HEALTH. 
(a) SPECIES
THAT
POSE
A
RISK
TO
HUMAN 
HEALTH.— 
(1) IN
GENERAL.—The Secretaries shall, in 
consultation with the Director of the Centers for 
Disease Control, the United States Geological Sur-
vey, and other relevant Federal agencies, identify 
wildlife species (or larger taxonomic groups, if ap-
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propriate) that could pose a biohazard risk to 
human health, and perform a risk analysis with re-
spect to each such species for the purposes of deter-
mining whether such species is injurious within the 
meaning of section 42 of title 18, United States 
Code. 
(2) DRAFT
LIST.—The Secretaries shall, not 
later than 90 days after the date of enactment of 
this Act, publish a draft of the list required by para-
graph (1). 
(3) FINAL
LIST.—The Secretaries shall, not 
later than 1 year after the date of enactment of this 
Act, publish a final list required by paragraph (1). 
(b) INTERNATIONAL ASSISTANCE.—The Secretaries 
shall, in consultation with the Secretary of State, provide 
assistance to foreign countries to end the trade of wildlife 
that poses a risk to humans because of transmission of 
pathogens that cause disease. 
(c) INSPECTIONS
AND INTERDICTION.—The Sec-
retary of the Interior shall complete development on the 
electronic permitting system of the United States Fish and 
Wildlife Service and provide for law enforcement inspec-
tion and interdiction of any injurious wildlife species. 
(d) AUTHORIZATION OF APPROPRIATION.—There is 
authorized to be appropriated $21,000,000 to remain 
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available until expended for fiscal year 2020 to carry out 
this section. 
(e) SECRETARIES.—In this section the term ‘‘Secre-
taries’’ means the Secretary of Commerce, acting through 
the Assistant Administrator for Fisheries, and the Sec-
retary of the Interior, acting through the Director of the 
United States Fish and Wildlife Service. 
SEC. 190403. TRADE OF INJURIOUS SPECIES AND SPECIES 
THAT POSE A RISK TO HUMAN HEALTH. 
Section 42 of title 18, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘or any interstate 
transport between States within the conti-
nental United States,’’ after ‘‘shipment be-
tween the continental United States, the 
District of Columbia, Hawaii, the Com-
monwealth of Puerto Rico, or any posses-
sion of the United States,’’; and 
(ii) by striking ‘‘to be injurious to 
human beings, to the interests of agri-
culture’’ and inserting ‘‘to be injurious to 
or to transmit a pathogen that can cause 
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disease in humans, to be injurious to the 
interests of agriculture’’; and 
(B) by adding at the end the following: 
‘‘(6) In the case of an emergency posing a sig-
nificant risk to the health of humans, the Secretary 
of the Interior may designate a species by interim 
final rule. At the time of publication of the regula-
tion in the Federal Register, the Secretary shall 
publish therein detailed reasons why such regulation 
is necessary, and in the case that such regulation 
applies to a native species, the Secretary shall give 
actual notice of such regulation to the State agency 
in each State in which such species is believed to 
occur. Any regulation promulgated under the au-
thority of this paragraph shall cease to have force 
and effect at the close of the 365-day period fol-
lowing the date of publication unless, during such 
365-day period, the rulemaking procedures which 
would apply to such regulation without regard to 
this paragraph are complied with. If at any time 
after issuing an emergency regulation the Secretary 
determines, on the basis of the best appropriate data 
available to the Secretary, that substantial evidence 
does not exist to warrant such regulation, the Sec-
retary shall withdraw it. 
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‘‘(7) Not more than 90 days after receiving a 
petition of an interested person under section 553(e) 
of title 5, United States Code, to determine that a 
species is injurious under this section, the Secretary 
of the Interior shall determine whether such petition 
has scientific merit. If the Secretary determines a 
petition has scientific merit, such Secretary shall 
make a determination regarding such petition not 
more than 12 months after the date such Secretary 
received such petition.’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) Any person who knowingly imports, ships, or 
transports any species in violation of subsection (a) of this 
section and who reasonably should have known that the 
species at issue in such violation is a species listed in sub-
section (a) of this section, or in any regulation issued pur-
suant thereto, shall be fined under this title or imprisoned 
not more than six months, or both.’’. 
SEC. 190404. NATIONAL WILDLIFE HEALTH CENTER. 
(a) WILDLIFE DISEASE SURVEILLANCE.—The Direc-
tor shall establish and maintain a national database of 
wildlife disease, including diseases that cause a human 
health risk, at the National Wildlife Health Center. The 
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Director, acting through such Center, shall, with respect 
to wildlife disease— 
(1) develop, validate, and deploy diagnostic 
tests; 
(2) provide diagnostic services to Federal, 
State, and Tribal natural resource management 
agencies; and 
(3) provide confirmatory testing of diagnostic 
results. 
(b) STRATEGIES
FOR MITIGATION.—The Director 
shall— 
(1) develop a framework for wildlife disease ex-
perts in the United States to conduct risk assess-
ments of wildlife diseases; 
(2) communicate risk factors associated with 
wildlife diseases to the public; 
(3) develop strategies to mitigate the threat 
posed by wildlife disease; and 
(4) in coordination with the Director of the 
United States Fish and Wildlife Service— 
(A) monitor wildlife disease threats to 
evaluate the risk posed by and impact of such 
diseases on the United States, conduct research 
and development to create statistically sup-
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ported sampling frameworks for broad-scale 
surveillance of wildlife disease threats; 
(B) conduct research on human dimensions 
of wildlife disease transmission and on effective 
outreach to stakeholders to help manage wildlife 
disease; 
(C) conduct statistical modeling to under-
stand and predict wildlife disease movement; 
and 
(D) make recommendations to the Sec-
retary of the Interior on wildlife species to be 
listed as injurious under section 42 of title 18, 
United States Code. 
(c) INTERNATIONAL SURVEILLANCE.—The Director, 
in coordination with the Administrator for the United 
States Agency for International Development, may 
strengthen global capacity for wildlife health monitoring 
to enhance early detection of diseases that have the capac-
ity to jump the species barrier and pose a risk to the 
United States, including by providing funding for— 
(1) academic, governmental, and nongovern-
mental partner entities working to prevent wildlife 
disease outbreaks, emerging pathogens of wildlife or-
igin, and epidemics or pandemics; 
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(2) building wildlife disease diagnostic capacity 
and monitoring systems in countries with areas that 
pose a high risk for animal-to-human transmission 
of disease; and 
(3) providing technical assistance through train-
ing, data sharing, and performing testing in coun-
tries with areas that pose a high risk for animal-to- 
human transmission of disease. 
(d) DIRECTOR.—In this section, the term ‘‘Director’’ 
means the Director of the United States Geological Sur-
vey. 
(e) WILDLIFE DISEASE.—In this section, the term 
‘‘wildlife disease’’ means a disease-causing agent in wild-
life that potentially poses a threat to human health. 
SEC. 190405. SURVEILLANCE BY STATES, TRIBES, TERRI-
TORIES, AND INSULAR AREAS. 
The Director of the United States Fish and Wildlife 
Service, under the provisions of the Fish and Wildlife Act 
of 1956 (16 U.S.C. 742a et seq.) and the Fish and Wild-
life Coordination Act (16 U.S.C. 661 et seq.), shall dis-
tribute funding to the States, insular territories, the Dis-
trict of Columbia, and Indian Tribes through a onetime 
grant program to conduct epidemiological surveillance, re-
search, management, and education relating to emerging 
wildlife disease. Funding shall be determined by the Direc-
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tor of the United States Fish and Wildlife Service based 
upon the existing and potential threats to human health 
posed by wildlife-borne disease. Not less than 5 percent 
shall be provided to Indian Tribes and no State shall re-
ceive more than 5 percent of the available funding. There 
is no non-Federal matching requirement for this onetime 
grant program. The Director of the United States Fish 
and Wildlife Service, in coordination with the Director of 
the United States Geological Survey, acting through the 
National Wildlife Health Center, shall coordinate such 
surveillance among the States, insular territories, the Dis-
trict of Columbia, and Indian Tribes. 
TITLE 
V—PANDEMIC 
RELIEF 
FOR AVIATION WORKERS AND 
PASSENGERS 
SEC. 190501. PANDEMIC RELIEF FOR AVIATION WORKERS. 
(a) APPLICABILITY OF ASSURANCE REGARDING FUR-
LOUGHS.—Section 4114(a)(1) of the Coronavirus Aid, Re-
lief, and Economic Security Act (Public Law 116–136) is 
amended by striking ‘‘September 30, 2020’’ and inserting 
‘‘September 30, 2020, or the date on which such financial 
assistance is fully exhausted by the air carrier or con-
tractor, whichever date occurs later’’. 
(b) PROTECTION
OF
COLLECTIVE
BARGAINING 
AGREEMENT.—Section 4115 of such Act is amended— 
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(1) in subsection (a) by striking ‘‘(a) IN GEN-
ERAL.—’’; and 
(2) by striking subsection (b). 
SEC. 190502. TRANSPARENCY OF FINANCIAL ASSISTANCE. 
(a) DISCLOSURE OF FINANCIAL ASSISTANCE.—Not 
later than 72 hours after issuance of financial assistance 
by the Secretary of the Treasury pursuant to section 
4112(a) of the Coronavirus Aid, Relief, and Economic Se-
curity Act (Public Law 116–136), the Secretary shall pub-
lish on the website of the Department of the Treasury and 
shall submit to the congressional committees of jurisdic-
tion— 
(1) a plain-language description of the financial 
assistance, including the date of application, date of 
application approval, and identity of the recipient of 
financial assistance; 
(2) the amount of the financial assistance; and 
(3) a copy of any contract or assurances, if ap-
plicable, and other relevant documentation regarding 
the financial assistance. 
(b) TRADE SECRETS.—Notwithstanding any other 
provision of law, the Secretary may redact, from a disclo-
sure under subsection (a), any trade secret other than the 
amount of or conditions attached to the issuance of finan-
cial assistance. 
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(c) DEFINITIONS.—In this section: 
(1) CONGRESSIONAL COMMITTEES OF JURISDIC-
TION.—The term ‘‘congressional committees of juris-
diction’’ means the Committee on Transportation 
and Infrastructure and the Committee on Financial 
Services of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation and the Committee on Banking, Housing, and 
Urban Affairs of the Senate. 
(2) TRADE
SECRET
DEFINED.—The term 
‘‘trade secret’’ means any financial or business infor-
mation provided by the recipient of financial assist-
ance under section 4112(a) of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 
116–136), if— 
(A) such recipient has taken reasonable 
measures to keep such information secret; and 
(B) the information derives independent 
economic value, actual or potential, from not 
being generally known to, and not being readily 
ascertainable through proper means by, another 
person who can obtain economic value from the 
disclosure or use of the information. 
(d) SAVINGS PROVISION.—Nothing in this section 
shall be construed as eliminating or abridging any report-
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ing requirement under the Coronavirus Aid, Relief, and 
Economic Security Act (Public Law 116–136). 
SEC. 190503. AIR CARRIER MAINTENANCE OUTSOURCING. 
(a) IN GENERAL.—A passenger air carrier receiving 
a loan, loan guarantee, or other investment under section 
4003 of the Coronavirus Aid, Relief, and Economic Secu-
rity Act (Public Law 116–136) may not apply the pro-
ceeds of such assistance toward a contract for heavy main-
tenance work at a facility located outside of the United 
States if such contract would increase the ratio of mainte-
nance work performed outside of the United States to all 
maintenance work performed by or on behalf of such air 
carrier at all locations. 
(b) DEFINITION OF HEAVY MAINTENANCE WORK.— 
In this section, the term ‘‘heavy maintenance work’’ has 
the meaning given the term in section 44733(g) of title 
49, United States Code. 
SEC. 190504. NATIONAL AVIATION PREPAREDNESS PLAN. 
(a) IN GENERAL.—The Secretary of Transportation, 
in coordination with the Secretary of Health and Human 
Services, the Secretary of Homeland Security, and the 
heads of such other Federal departments or agencies as 
the Secretary considers appropriate, shall develop a na-
tional aviation preparedness plan for communicable dis-
ease outbreaks. 
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(b) CONTENTS OF PLAN.—A plan developed under 
subsection (a) shall, at a minimum— 
(1) provide airports and air carriers with an 
adaptable and scalable framework with which to 
align the individual plans of such airports and air 
carriers and provide appropriate guidance as to each 
individual plan; 
(2) improve coordination among airports, air 
carriers, U.S. Customs and Border Protection, the 
Centers for Disease Control and Prevention, other 
appropriate Federal entities, and State and local 
governments or health agencies on developing poli-
cies that increase the effectiveness of screening, 
quarantining, and contact-tracing with respect to in-
bound international passengers; 
(3) ensure that at-risk employees are equipped 
with appropriate personal protective equipment to 
reduce the likelihood of exposure to pathogens in the 
event of a pandemic; 
(4) ensure aircraft and enclosed facilities 
owned, operated, or used by an air carrier or airport 
are cleaned, disinfected, and sanitized frequently in 
accordance with Centers for Disease Control and 
Prevention guidance; and 
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(5) incorporate all elements referenced in the 
recommendation of the Comptroller General of the 
United States to the Secretary of Transportation 
contained in the report titled ‘‘Air Travel and Com-
municable Diseases: Comprehensive Federal Plan 
Needed for U.S. Aviation System’s Preparedness’’ 
issued in December 2015 (GAO–16–127). 
(c) CONSULTATION.—When developing a plan under 
subsection (a), the Secretary of Transportation shall con-
sult with aviation industry and labor stakeholders, includ-
ing representatives of— 
(1) air carriers; 
(2) small, medium, and large hub airports; 
(3) labor organizations that represent airline pi-
lots, flight attendants, air carrier airport customer 
service representatives, and air carrier maintenance, 
repair, and overhaul workers; 
(4) the labor organization certified under sec-
tion 7111 of title 5, United States Code, as the ex-
clusive bargaining representative of air traffic con-
trollers of the Federal Aviation Administration; 
(5) the labor organization certified under such 
section as the exclusive bargaining representative of 
airway transportation systems specialists and avia-
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tion safety inspectors of the Federal Aviation Ad-
ministration; and 
(6) such other stakeholders as the Secretary 
considers appropriate. 
(d) REPORT.—Not later than 30 days after the plan 
is developed under subsection (a), the Secretary shall sub-
mit to the appropriate committees of Congress such plan. 
(e) DEFINITION OF AT-RISK EMPLOYEES.—In this 
section, the term ‘‘at-risk employees’’ means— 
(1) individuals whose job duties require inter-
action with air carrier passengers on a regular and 
continuing basis that are employees of— 
(A) air carriers; 
(B) air carrier contractors; 
(C) airports; and 
(D) Federal departments or agencies; and 
(2) air traffic controllers and systems safety 
specialists of the Federal Aviation Administration. 
SEC. 190505. WORKING AND TRAVEL CONDITIONS. 
For the duration of the national emergency declared 
by the President under the National Emergencies Act (50 
U.S.C. 1601 et seq.) related to the pandemic of SARS– 
CoV–2 or coronavirus disease 2019 (COVID–19), an air 
carrier operating under part 121 of title 14, Code of Fed-
eral Regulations, shall— 
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(1) require each passenger and cabin crew-
member to wear a mask or protective face covering 
while on board an aircraft of the air carrier; 
(2) require each flight crewmember to wear a 
mask or protective face covering while on board an 
aircraft but outside the flight deck; 
(3) submit to the Administrator of the Federal 
Aviation Administration a proposal to permit flight 
crew members of the air carrier to wear a mask or 
protective face covering while at their stations in the 
flight deck, including a safety risk assessment with 
respect to such proposal; 
(4) provide flight and cabin crewmembers, air-
port customer service agents, and other employees 
whose job responsibilities involve interaction with 
passengers with masks or protective face coverings, 
gloves, and hand sanitizer and wipes with sufficient 
alcohol content; 
(5) ensure aircraft, including the cockpit and 
cabin, operated by such carrier are cleaned, dis-
infected, and sanitized after each use in accordance 
with Centers for Disease Control and Prevention 
guidance; 
(6) ensure enclosed facilities owned, operated, 
or used by such air carrier, including facilities used 
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for flight or cabin crewmember training or perform-
ance of indoor maintenance, repair, or overhaul 
work, are cleaned, disinfected, and sanitized fre-
quently in accordance with Centers for Disease Con-
trol and Prevention guidance; 
(7) provide air carrier employees whose job re-
sponsibilities involve cleaning, disinfecting, and sani-
tizing aircraft or enclosed facilities described in 
paragraphs (5) and (6) with masks or protective 
face coverings and gloves, and ensure that each con-
tractor of the air carrier provides employees of such 
contractor with such materials; and 
(8) establish guidelines, or adhere to applicable 
guidelines, for notifying employees of a confirmed 
COVID–19 diagnosis of an employee of such air car-
rier and for identifying other air carrier employees 
whom such employee contacted in the 48-hour period 
before the employee developed symptoms. 
SEC. 190506. PROTECTION OF CERTAIN FEDERAL AVIATION 
ADMINISTRATION EMPLOYEES. 
(a) IN GENERAL.—For the duration of the national 
emergency declared by the President under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) related to the 
pandemic of SARS–CoV–2 or coronavirus disease 2019 
(COVID–19), in order to maintain the safe and efficient 
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operation of the air traffic control system, the Adminis-
trator of the Federal Aviation Administration shall— 
(1) provide air traffic controllers and airway 
transportation systems specialists of the Administra-
tion with masks or protective face coverings, gloves, 
and hand sanitizer and wipes with sufficient alcohol 
content; 
(2) ensure air traffic control facilities are 
cleaned, disinfected, and sanitized frequently in ac-
cordance with Centers for Disease Control and Pre-
vention guidance; and 
(3) provide employees of the Administration 
whose job responsibilities involve cleaning, dis-
infecting, and sanitizing facilities described in para-
graph (2) with masks or protective face coverings 
and gloves, and ensure that each contractor of the 
Administration provides employees of such con-
tractor with such materials. 
(b) SOURCE OF EQUIPMENT.—The items described 
in subsection (a)(1) may be procured or provided under 
such subsection through any sources available to the Ad-
ministrator. 
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TITLE VI—AMTRAK AND RAIL 
WORKERS 
SEC. 190601. AMTRAK COVID–19 REQUIREMENTS. 
(a) IN GENERAL.—For the duration of the national 
emergency declared by the President under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) related to the 
pandemic of SARS–CoV–2 or coronavirus disease 
(COVID–19), Amtrak shall— 
(1) require each passenger and employee of 
Amtrak, including engineers, conductors, and on-
board service workers, to wear a mask or other pro-
tective face covering while onboard an Amtrak train; 
(2) take such actions as are reasonable to en-
sure passenger compliance with the requirement 
under paragraph (1); 
(3) provide masks or protective face coverings, 
gloves, and hand sanitizer and sanitizing wipes with 
sufficient alcohol content to— 
(A) conductors, engineers, and onboard 
service workers; 
(B) ticket agents, station agents, and red 
cap agents; and 
(C) any other employees whose job respon-
sibilities include interaction with passengers; 
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(4) ensure Amtrak trains, including the loco-
motive cab and passenger cars, are cleaned, dis-
infected, and sanitized frequently in accordance with 
guidance issued by the Centers for Disease Control 
and Prevention and ensure that employees whose job 
responsibilities include such cleaning, disinfecting, or 
sanitizing are provided masks or protective face cov-
erings and gloves; 
(5) ensure stations and enclosed facilities that 
Amtrak owns and operates including facilities used 
for training or the performance of indoor mainte-
nance, repair, or overhaul work, are cleaned, dis-
infected, and sanitized frequently in accordance with 
guidance issued by the Centers for Disease Control 
and Prevention and ensure that employees whose job 
responsibilities include such cleaning, disinfecting, or 
sanitizing are provided masks or protective face cov-
erings and gloves; 
(6) take such actions as are reasonable to en-
sure that stations or facilities served or used by Am-
trak that Amtrak does not own are cleaned, dis-
infected, and sanitized frequently in accordance with 
Centers for Disease Control and Prevention guid-
ance; 
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(7) ensure that each contractor of Amtrak pro-
vides masks or protective face coverings and gloves 
to employees of such contractor whose job respon-
sibilities include those described in paragraphs (4) 
and (5); and 
(8) establish guidelines, or adhere to existing 
applicable guidelines, for notifying employees of a 
confirmed diagnosis of COVID–19 of an employee of 
Amtrak. 
(b) AVAILABILITY.—If Amtrak is unable to acquire 
any of the items necessary to comply with paragraphs (3), 
(4), and (5) of subsection (a) due to market unavailability, 
Amtrak shall— 
(1) prepare and make public documentation 
demonstrating what actions have been taken to ac-
quire such items; and 
(2) continue efforts to acquire such items until 
such items become available. 
SEC. 190602. ADDITIONAL ENHANCED BENEFITS UNDER 
THE RAILROAD UNEMPLOYMENT INSURANCE 
ACT. 
(a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad 
Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A) is 
amended— 
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(1) by striking ‘‘July 31, 2020’’ and inserting 
‘‘January 31, 2021, and for any registration periods 
during a period of continuing unemployment which 
began on or before January 31, 2021’’; and 
(2) by adding at the end ‘‘No recovery benefit 
under this section shall be payable for any registra-
tion period beginning on or after April 1, 2021. For 
registration periods beginning on or after August 1, 
2020, but before February 1, 2021, a recovery ben-
efit under this section shall only be payable to a 
qualified employee with respect to any registration 
period in which the employee received normal unem-
ployment benefits as defined in paragraph (c)(1) or 
up to the 65th day of extended benefits as defined 
in paragraph (c)(2), but shall not be payable to a 
qualified employee who did not receive unemploy-
ment benefits or who received benefits for the 66th 
or greater day of extended benefits for such registra-
tion period. For registration periods beginning on or 
after February 1, 2021, a recovery benefit under 
this section shall only be payable to a qualified em-
ployee with respect to any registration period in 
which the employee received normal unemployment 
benefits as defined in paragraph (c)(1), but shall not 
be payable to a qualified employee who did not re-
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ceive unemployment benefits or who received ex-
tended benefits as defined in paragraph (c)(2) for 
such registration period.’’. 
(b) 
ADDITIONAL
APPROPRIATIONS.—Section 
2(a)(5)(B) of the Railroad Unemployment Insurance Act 
(45 U.S.C. 352(a)(5)(B) is amended by adding at the end 
the following: 
‘‘In addition to the amount appropriated by the pre-
ceding sentence, out of any funds in the Treasury not oth-
erwise appropriated, there are appropriated $750,000,000 
to cover the cost of recovery benefits provided under sub-
paragraph (A), to remain available until expended.’’. 
(c) DISREGARD OF RECOVERY BENEFITS FOR PUR-
POSES
OF ALL FEDERAL
AND FEDERALLY ASSISTED 
PROGRAMS.—Section 2(a)(5) of the Railroad Unemploy-
ment Insurance Act (45 U.S.C. 352(a)(5)) is amended by 
adding at the end the following: 
‘‘(C) A recovery benefit payable under sub-
paragraph (A) shall not be regarded as income 
and shall not be regarded as a resource for the 
month of receipt and the following 9 months, 
for purposes of determining the eligibility of the 
recipient (or the recipient’s spouse or family) 
for benefits or assistance, or the amount or ex-
tent of benefits or assistance, under any Fed-
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eral program or under any State or local pro-
gram financed in whole or in part with Federal 
funds.’’. 
(d) 
CLARIFICATION
ON
AUTHORITY
TO
USE 
FUNDS.—Funds appropriated under either the first or 
second sentence of subparagraph (B) of section 2(a)(5) 
of the Railroad Unemployment Insurance Act shall be 
available to cover the cost of recovery benefits provided 
under such section 2(a)(5) by reason of the amendments 
made by subsection (a) as well as to cover the cost of such 
benefits provided under such section 2(a)(5) as in effect 
on the day before the date of enactment of this Act. 
SEC. 190603. TREATMENT OF PAYMENTS FROM THE RAIL-
ROAD 
UNEMPLOYMENT 
INSURANCE 
AC-
COUNT. 
(a) IN GENERAL.—Section 256(i)(1) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 
U.S.C. 906(i)(1)) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by inserting ‘‘and’’ at 
the end; and 
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
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‘‘(D) any payment made from the Railroad Un-
employment Insurance Account (established by sec-
tion 10 of the Railroad Unemployment Insurance 
Act) for the purpose of carrying out the Railroad 
Unemployment Insurance Act, and funds appro-
priated or transferred to or otherwise deposited in 
such Account,’’. 
(b) EFFECTIVE DATE.—The treatment of payments 
made from the Railroad Unemployment Insurance Ac-
count pursuant to the amendment made by subsection (a) 
shall take effect 7 days after the date of enactment of this 
Act and shall apply only to obligations incurred on or after 
such effective date for such payments. 
SEC. 190604. TECHNICAL CORRECTION FOR EXTENDED UN-
EMPLOYMENT BENEFITS UNDER THE RAIL-
ROAD UNEMPLOYMENT INSURANCE ACT. 
Section 2(c)(2)(D)(iii) of the Railroad Unemployment 
Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is amended 
by striking ‘‘July 1, 2019’’ and inserting ‘‘July 15, 2019’’. 
SEC. 190605. TECHNICAL CORRECTION. 
Section 22002 of Public Law 116–136 is amended 
by striking ‘‘Railway Retirement Act of 1974’’ and insert-
ing ‘‘Railroad Retirement Act of 1974’’. 
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SEC. 190606. CLARIFICATION OF OVERSIGHT AND IMPLE-
MENTATION OF RELIEF FOR WORKERS AF-
FECTED BY CORONAVIRUS ACT. 
(a) AUDITS, INVESTIGATIONS, AND OVERSIGHT.— 
Notwithstanding section 2115 of the Relief for Workers 
Affected by Coronavirus Act (subtitle A of title II of divi-
sion A of Public Law 116–136), the authority of the In-
spector General of the Department of Labor to carry out 
audits, investigations, and other oversight activities that 
are related to the provisions of such Act shall not extend 
to any activities related to sections 2112, 2113, or 2114 
of such Act. Such authority with respect to such sections 
shall belong to the Inspector General of the Railroad Re-
tirement Board. 
(b) OPERATING INSTRUCTIONS
OR OTHER GUID-
ANCE.—Notwithstanding section 2116(b) of the Relief for 
Workers Affected by Coronavirus Act (subtitle A of title 
II of division A of Public Law 116–136), the authority 
of the Secretary of Labor to issue any operating instruc-
tions or other guidance necessary to carry out the provi-
sions of such Act shall not extend to any activities related 
to sections 2112, 2113, or 2114 of such Act. Such author-
ity with respect to such sections shall belong to the Rail-
road Retirement Board. 
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SEC. 190607. EXTENSION OF EXTENDED UNEMPLOYMENT 
BENEFITS UNDER THE RAILROAD UNEM-
PLOYMENT INSURANCE ACT. 
(a) IN GENERAL.—Section 2(c)(2)(D)(iii) of the 
Railroad Unemployment Insurance Act (45 U.S.C. 
352(c)(2)(D)(iii) is amended— 
(1) by striking ‘‘June 30, 2020’’ and inserting 
‘‘June 30, 2021’’; and 
(2) by striking ‘‘no extended benefit period 
under this paragraph shall begin after December 31, 
2020’’ and inserting ‘‘the provisions of clauses (i) 
and (ii) shall not apply to any employee whose ex-
tended benefit period under subparagraph (B) be-
gins on or after February 1, 2021, and shall not 
apply to any employee with respect to any registra-
tion period beginning on or after April 1, 2021’’. 
(b) 
CLARIFICATION
ON
AUTHORITY
TO
USE 
FUNDS.—Funds appropriated under either the first or 
second sentence of clause (iv) of section 2(c)(2)(D) of the 
Railroad Unemployment Insurance Act shall be available 
to cover the cost of additional extended unemployment 
benefits provided under such section 2(c)(2)(D) by reason 
of the amendments made by subsection (a) as well as to 
cover the cost of such benefits provided under such section 
2(c)(2)(D) as in effect on the day before the date of enact-
ment of this Act. 
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SEC. 190608. EXTENSION OF WAIVER OF THE 7-DAY WAIT-
ING PERIOD FOR BENEFITS UNDER THE 
RAILROAD UNEMPLOYMENT INSURANCE ACT. 
(a) IN GENERAL.—Section 2112(a) of the Relief for 
Workers Affected by Coronavirus Act (subtitle A of title 
II of division A of Public Law 116–136), is amended by 
striking ‘‘December 31, 2020’’ and inserting ‘‘January 31, 
2021’’. 
(b) 
OPERATING
INSTRUCTIONS
AND
REGULA-
TIONS.—The Railroad Retirement Board may prescribe 
any operating instructions or regulations necessary to 
carry out this section. 
TITLE VII—ENERGY AND 
ENVIRONMENT PROVISIONS 
SEC. 190701. HOME ENERGY AND WATER SERVICE CON-
TINUITY. 
Any entity receiving financial assistance pursuant to 
any division of this Act shall, to the maximum extent prac-
ticable, establish or maintain in effect policies to ensure 
that no home energy service or public water system service 
to a residential customer, which is provided or regulated 
by such entity, is or remains disconnected or interrupted 
during the emergency period described in section 
1135(g)(1)(B) of the Social Security Act because of non-
payment, and all reconnections of such public water sys-
tem service are conducted in a manner that minimizes risk 
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to the health of individuals receiving such service. For pur-
poses of this section, the term ‘‘home energy service’’ 
means a service to provide home energy, as such term is 
defined in section 2603 of the Low-Income Home Energy 
Assistance Act of 1981, or service provided by an electric 
utility, as such term is defined in section 3 of the Public 
Utility Regulatory Policies Act of 1978, and the term 
‘‘public water system’’ has the meaning given that term 
in section 1401 of the Safe Drinking Water Act. Nothing 
in this section shall be construed to require forgiveness 
of any debt incurred or owed to an entity or to absolve 
an individual of any obligation to an entity for service, 
nor to preempt any State or local law or regulation gov-
erning entities that provide such services to residential 
customers. 
SEC. 190702. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 
(a) ENVIRONMENTAL JUSTICE GRANTS.—The Ad-
ministrator of the Environmental Protection Agency shall 
continue to carry out— 
(1) the Environmental Justice Small Grants 
Program and the Environmental Justice Collabo-
rative Problem-Solving Cooperative Agreement Pro-
gram, as those programs are in existence on the date 
of enactment of this Act; and 
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(2) the Community Action for a Renewed Envi-
ronment grant programs I and II, as in existence on 
January 1, 2012. 
(b) USE OF FUNDS FOR GRANTS IN RESPONSE TO 
COVID–19 PANDEMIC.—With respect to amounts appro-
priated by division A of this Act that are available to carry 
out the programs described in subsection (a), the Adminis-
trator of the Environmental Protection Agency may only 
award grants under such programs for projects that will 
investigate or address the disproportionate impacts of the 
COVID–19 pandemic in environmental justice commu-
nities. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the programs 
described in subsection (a) $50,000,000 for fiscal year 
2020, and such sums as may be necessary for each fiscal 
year thereafter. 
(d) DISTRIBUTION.—Not later than 30 days after 
amounts are made available pursuant to subsection (c), 
the Administrator of the Environmental Protection Agen-
cy shall make awards of grants under each of the pro-
grams described in subsection (a). 
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SEC. 190703. LOW-INCOME HOUSEHOLD DRINKING WATER 
AND WASTEWATER ASSISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $1,500,000,000 to the Sec-
retary to carry out this section. 
(b) LOW-INCOME HOUSEHOLD DRINKING WATER 
AND WASTEWATER ASSISTANCE.—The Secretary shall 
make grants to States and Indian Tribes to assist low- 
income households, particularly those with the lowest in-
comes, that pay a high proportion of household income 
for drinking water and wastewater services, by providing 
funds to owners or operators of public water systems or 
treatment works to reduce rates charged to such house-
holds for such services. 
(c) NONDUPLICATION OF EFFORT.—In carrying out 
this section, the Secretary, States, and Indian Tribes, as 
applicable, shall, as appropriate and to the extent prac-
ticable, use existing processes, procedures, policies, and 
systems in place to provide assistance to low-income 
households, including by using existing application and ap-
proval processes. 
(d) ALLOTMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall allot amounts appro-
priated pursuant to this section to a State or Indian 
Tribe based on the following: 
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(A) The percentage of households in the 
State, or under the jurisdiction of the Indian 
Tribe, with income equal to or less than 150 
percent of the Federal poverty line. 
(B) The percentage of such households in 
the State, or under the jurisdiction of the In-
dian Tribe, that spend more than 30 percent of 
monthly income on housing. 
(C) The extent to which the State or In-
dian Tribe has been affected by the public 
health emergency, including the rate of trans-
mission of COVID–19 in the State or area over 
which the Indian Tribe has jurisdiction, the 
number of COVID–19 cases compared to the 
national average, and economic disruptions re-
sulting from the public health emergency. 
(2) RESERVED FUNDS.—The Secretary shall re-
serve not more than 10 percent of the amounts ap-
propriated pursuant to this section for allotment to 
States and Indian Tribes based on the economic dis-
ruptions to the States and Indian Tribes resulting 
from the emergency described in the emergency dec-
laration issued by the President on March 13, 2020, 
pursuant to section 501(b) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
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which a State or unit of local government first 
receives a grant under subsection (a), the State 
or unit of local government shall provide to the 
Attorney General, through the Uniform Crime 
Reporting system, information pertaining to 
hate crimes committed in that jurisdiction dur-
ing the preceding fiscal year. 
(B) EXTENSIONS; WAIVER.—The Attorney 
General— 
(i) may provide a 120-day extension 
to a State or unit of local government that 
is making good faith efforts to comply with 
subparagraph (A); and 
(ii) shall waive the requirements of 
subparagraph (A) if compliance with that 
subparagraph by a State or unit of local 
government 
would 
be 
unconstitutional 
under the constitution of the State or of 
the State in which the unit of local govern-
ment is located, respectively. 
(2) FAILURE TO COMPLY.—If a State or unit of 
local government that receives a grant under sub-
section (a) fails to substantially comply with para-
graph (1) of this subsection, the State or unit of 
local government shall repay the grant in full, plus 
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