248 
sult of efforts to prevent, prepare for, and respond to 
coronavirus: Provided further, That none of the funds made 
available in this Act under such headings may be used by 
the National Railroad Passenger Corporation to reduce the 
frequency of rail service on any long-distance route (as de-
fined in section 24102 of title 49, United States Code) below 
frequencies for such routes in fiscal year 2019, except in 
an emergency or during maintenance or construction out-
ages impacting such routes: Provided further, That the 
coronavirus shall not qualify as an emergency in the pre-
ceding proviso. 
SEC. 1204. For fiscal year 2021, in addition to pay-
ments made pursuant to 53106 of title 46, United States 
Code, the Secretary of Transportation shall pay to the con-
tractor for an operating agreement entered into pursuant 
to chapter 531 of title 46, United States Code, for each vessel 
that is covered by such operating agreement as of the date 
of enactment of this Act, an amount equal to $500,000: Pro-
vided, That payments authorized by this section shall be 
paid not later than 60 days after the date of enactment 
of this Act: Provided further, That any unobligated balances 
remaining from the amounts made available for payments 
under the heading ‘‘Maritime Administration—Maritime 
Security Program’’ in any prior Act may be used for such 
payments.
249 
SEC. 1205. During the duration of the national emer-
gency declared by the President concerning the novel 
coronavirus disease (COVID–19), the Secretary may extend 
the time period referenced in 23 U.S.C. 120(e)(1) to account 
for delays in access, construction, repair or other similar 
issues. 
TITLE XIII 
GENERAL PROVISIONS—THIS DIVISION 
SEC. 1301. Not later than 30 days after the date of 
enactment of this Act, the head of each executive agency that 
receives funding in any division of this Act, or that received 
funding in the Coronavirus Preparedness and Response 
Supplemental Appropriations Act, 2020 (division A of Pub-
lic Law 116–123), the Second Coronavirus Preparedness 
and Response Supplemental Appropriations Act, 2020 (di-
vision A of Public Law 116–127), the CARES Act (Public 
Law 116–136), or the Paycheck Protection Program and 
Health Care Enhancement Act (Public Law 116–139) shall 
provide a report detailing the anticipated uses of all such 
funding to the Committees on Appropriations of the House 
of Representatives and the Senate: Provided, That each re-
port shall include estimated personnel and administrative 
costs, as well as the total amount of funding apportioned, 
allotted, obligated, and expended, to date: Provided further, 
That each such report shall be updated and submitted to
250 
such Committees every 60 days until all funds are expended 
or expire: Provided further, That reports submitted pursu-
ant to this section shall satisfy the requirements of section 
1701 of division A of Public Law 116–127. 
SEC. 1302. Each amount appropriated or made avail-
able by this Act is in addition to amounts otherwise appro-
priated for the fiscal year involved. 
SEC. 1303. No part of any appropriation contained 
in this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 1304. Unless otherwise provided for by this Act, 
the additional amounts appropriated by this Act to appro-
priations accounts shall be available under the authorities 
and conditions applicable to such appropriations accounts 
for fiscal year 2021. 
SEC. 1305. Each amount designated in this Act by the 
Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 shall be available 
(or rescinded or transferred, if applicable) only if the Presi-
dent subsequently so designates all such amounts and trans-
mits such designations to the Congress. 
SEC. 1306. (a) STATUTORY PAYGO EMERGENCY DES-
IGNATION.—The amounts provided under division B and 
each succeeding division are designated as an emergency
251 
requirement pursuant to section 4(g) of the Statutory Pay- 
As-You-Go Act of 2010 (2 U.S.C. 933(g)), and the budgetary 
effects shall not be entered on either PAYGO scorecard 
maintained pursuant to section 4(d) of such Act. 
(b) SENATE PAYGO EMERGENCY DESIGNATION.—In 
the Senate, division B and each succeeding division are des-
ignated as an emergency requirement pursuant to section 
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
resolution on the budget for fiscal year 2018. 
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not-
withstanding Rule 3 of the Budget Scorekeeping Guidelines 
set forth in the joint explanatory statement of the committee 
of conference accompanying Conference Report 105–217 
and section 250(c)(8) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, the budgetary effects of 
division B and each succeeding division— 
(1) shall not be estimated for purposes of section 
251 of such Act; 
(2) shall not be estimated for purposes of para-
graph (4)(C) of section 3 of the Statutory Pay As- 
You-Go Act of 2010 as being included in an appro-
priation Act; and 
(3) shall be treated as if they were contained in 
a PAYGO Act, as defined by section 3(7) of the Statu-
tory Pay-As-You-Go Act of 2010 (2 U.S.C. 932(7)).
252 
SEC. 1307. (a) Any contract or agreement entered into 
by an agency with a State or local government or any other 
non-Federal entity for the purposes of providing covered as-
sistance, including any information and documents related 
to the performance of and compliance with such contract 
or agreement, shall be— 
(1) deemed an agency record for purposes of sec-
tion 552(f)(2) of title 5, United States Code; and 
(2) subject to section 552 of title 5, United States 
Code (commonly known as the ‘‘Freedom of Informa-
tion Act’’). 
(b) In this section— 
(1) the term ‘‘agency’’ has the meaning given the 
term in section 551 of title 5, United States Code; 
and 
(2) the term ‘‘covered assistance’’— 
(A) means any assistance provided by an 
agency in accordance with an Act or amend-
ments made by an Act to provide aid, assistance, 
or funding related to the outbreak of COVID–19 
that is enacted before, on, or after the date of en-
actment of this Act; and 
(B) includes any such assistance made 
available by an agency under— 
(i) any division of this Act;
253 
(ii) the Paycheck Protection Program 
and Health Care Enhancement Act (Public 
Law 116–139), or an amendment made by 
that Act; 
(iii) the CARES Act (Public Law 116– 
136), or an amendment made by that Act; 
(iv) the Families First Coronavirus 
Response Act (Public Law 116–127), or an 
amendment made by that Act; or 
(v) the Coronavirus Preparedness and 
Response Supplemental Appropriations Act, 
2020 (Public Law 116–123), or an amend-
ment made by that Act. 
SEC. 1308. (a) Notwithstanding any other provision 
of law and in a manner consistent with other provisions 
in any division of this Act, all laborers and mechanics em-
ployed by contractors and subcontractors on projects funded 
directly by or assisted in whole or in part by and through 
the Federal Government pursuant to any division of this 
Act shall be paid wages at rates not less than those pre-
vailing on projects of a character similar in the locality 
as determined by the Secretary of Labor in accordance with 
subchapter IV of chapter 31 of title 40, United States Code. 
With respect to the labor standards specified in this section, 
the Secretary of Labor shall have the authority and func-
254 
tions set forth in Reorganization Plan Numbered 14 of 1950 
(64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 
40, United States Code. 
(b) The amounts provided by this section are des-
ignated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
This division may be cited as the ‘‘Coronavirus Recov-
ery Supplemental Appropriations Act, 2021’’. 
DIVISION B—PROVIDING RELIEF 
TO STUDENTS, INSTITUTIONS 
OF 
HIGHER 
EDUCATION, 
LOCAL EDUCATIONAL AGEN-
CIES, 
AND 
STATE 
VOCA-
TIONAL 
REHABILITATION 
AGENCIES 
SEC. 100. SHORT TITLE. 
This division may be cited as the ‘‘Pandemic Edu-
cation Response Act’’. 
TITLE I—HIGHER EDUCATION 
PROVISIONS 
SEC. 101. DEFINITIONS. 
In this title:
255 
(1) AWARD YEAR.—The term ‘‘award year’’ has 
the meaning given the term in section 481(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1088(a)). 
(2) AUTHORIZING COMMITTEES.—The term ‘‘au-
thorizing committees’’ has the meaning given the term 
in section 103 of the Higher Education Act of 1965 
(20 U.S.C. 1003). 
(3) FAFSA.—The term ‘‘FAFSA’’ means an ap-
plication under section 483 of the Higher Education 
Act of 1965 (20 U.S.C. 1090) for Federal student fi-
nancial aid. 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given the term in section 102 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002). 
(5) QUALIFYING EMERGENCY.—The term ‘‘quali-
fying emergency’’ has the meaning given the term in 
section 3502 of the CARES Act (Public Law 116– 
136), as amended by this Act. 
(6) QUALIFYING EMERGENCY PERIOD.—The term 
‘‘qualifying emergency period’’ means the period— 
(A) beginning on the first day of a quali-
fying emergency; and
256 
(B) ending on the later of the date on which 
the qualifying emergency expires or June 30, 
2021. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
Subtitle A—Cares Act Amendments 
SEC. 111. APPLICATION OF CAMPUS-BASED AID WAIVERS. 
(a) APPLICATION.—Section 3503 of the CARES Act is 
amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘or for any other award 
year that includes any portion of a qualifying 
emergency period,’’ after ‘‘2020–2021,’’; and 
(B) by inserting ‘‘and a nonprofit organiza-
tion 
providing 
employment 
under 
section 
443(b)(5) of such Act’’ after ‘‘waive the require-
ment that a participating institution of higher 
education’’; and 
(2) in subsection (b), by striking ‘‘during a pe-
riod of a qualifying emergency’’ and inserting ‘‘dur-
ing any award year that includes any portion of a 
qualifying emergency period’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect as if included in the enactment 
of the CARES Act (Public Law 116–136).
257 
SEC. 112. SUPPLEMENTAL EDUCATIONAL OPPORTUNITY 
GRANTS FOR EMERGENCY AID. 
(a) USE
AND TREATMENT.—Section 3504 of the 
CARES Act (Public Law 116–136) is amended— 
(1) in subsection (a), by inserting ‘‘that includes 
any portion of a qualifying emergency period’’ after 
‘‘for a fiscal year’’; and 
(2) by striking subsection (c). 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect as if included in the enactment 
of the CARES Act (Public Law 116–136). 
SEC. 113. EXTENSION OF FEDERAL WORK-STUDY DURING A 
QUALIFYING EMERGENCY. 
(a) FEDERAL WORK-STUDY DURING A QUALIFYING 
EMERGENCY.—Section 3505 of the CARES Act (Public 
Law 116–136) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘In the event of a quali-
fying emergency’’ and inserting ‘‘During a 
qualifying emergency period’’; and 
(ii) by striking ‘‘(not to’’ and all that 
follows through the semicolon and inserting 
‘‘in which affected students are unable to 
fulfill the students’ work-study obligation
258 
due to such qualifying emergency, as fol-
lows:’’; 
(B) in paragraph (1), by striking ‘‘as a one 
time grant’’ and inserting ‘‘as a one-time grant 
in each payment period the student is awarded 
work-study’’; and 
(C) in paragraph (2), by striking ‘‘or was 
not completing the work obligation necessary to 
receive work study funds under such part prior 
to the occurrence of the qualifying emergency’’; 
and 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘for the academic year 
during which a qualifying emergency oc-
curred;’’ and inserting ‘‘for an academic 
year that includes any portion of a quali-
fying emergency period; and’’; and 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2).’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect as if included in the enactment 
of the CARES Act (Public Law 116–136).
259 
SEC. 114. SERVICE OBLIGATIONS FOR TEACHERS AND 
OTHER PROFESSIONALS. 
(a) AMENDMENT.—Section 3519 of the CARES Act 
(Public Law 116–136) is amended— 
(1) in the section heading, by inserting ‘‘AND 
OTHER PROFESSIONALS’’ after ‘‘TEACHERS’’; and 
(2) by adding at the end the following: 
‘‘(c) FEDERAL
PERKINS
LOANS.—Notwithstanding 
section 465 of the Higher Education Act of 1965 (20 U.S.C. 
1087ee), the Secretary shall waive the requirements of such 
section in regard to full-time service and shall consider an 
incomplete year of service of a borrower as fulfilling the 
requirement for a complete year of service under such sec-
tion, if the service was interrupted due to a qualifying 
emergency.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect as if included in the enactment 
of the CARES Act (Public Law 116–136). 
SEC. 115. CONTINUING EDUCATION AT AFFECTED FOREIGN 
INSTITUTIONS. 
(a) IN GENERAL.—Section 3510 of the CARES Act (20 
U.S.C. 1001 note) is amended— 
(1) in subsection (a), by striking ‘‘for the dura-
tion of such emergency’’ and all that follows through 
the period at the end and inserting ‘‘for purposes of 
title IV of the Higher Education Act of 1965 (20
260 
U.S.C. 1070 et seq.) until the end of the covered pe-
riod applicable to the institution.’’; 
(2) in subsection (b), by striking ‘‘for the dura-
tion of the qualifying emergency and the following 
payment period for purposes of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.).’’ and 
inserting ‘‘until the end of the covered period applica-
ble to the institution.’’; 
(3) in subsection (c), by striking ‘‘for the dura-
tion of the qualifying emergency and the following 
payment period,’’ and inserting ‘‘until all covered pe-
riods for foreign institutions carrying out a distance 
education program authorized under this section have 
ended,’’; 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘for the duration of a 
qualifying emergency and the following 
payment period,’’ and inserting ‘‘until the 
end of the covered period applicable to a 
foreign institution,’’; and 
(ii) by striking ‘‘allow a foreign insti-
tution’’ and inserting ‘‘allow the foreign in-
stitution’’;
261 
(B) in each of subparagraphs (A) and (B) 
of paragraph (2), by striking ‘‘subsection (a)’’ 
and inserting ‘‘paragraph (1)’’; 
(C) in paragraph (3)(B), by striking ‘‘30 
days’’ and inserting ‘‘10 days’’; and 
(D) in paragraph (4)— 
(i) by striking ‘‘for the duration of the 
qualifying emergency and the following 
payment period,’’ and inserting ‘‘until all 
covered periods for foreign institutions that 
entered into written arrangements under 
paragraph (1) have ended,’’; and 
(ii) by striking ‘‘identifies each foreign 
institution that entered into a written ar-
rangement under subsection (a).’’ and in-
serting the following: ‘‘identifies, for each 
such foreign institution— 
‘‘(A) the name of the foreign institution; 
‘‘(B) the name of the institution of higher 
education located in the United States that has 
entered into a written arrangement with such 
foreign institution; and 
‘‘(C) information regarding the nature of 
such written arrangement, including which
262 
coursework or program requirements are accom-
plished at each respective institution.’’; and 
(5) by adding at the end the following: 
‘‘(e) DEFINITION OF COVERED PERIOD.— 
‘‘(1) IN
GENERAL.—In this section, the term 
‘covered period’, when used with respect to a foreign 
institution of higher education, means the period— 
‘‘(A) beginning on the first day of— 
‘‘(i) a qualifying emergency; or 
‘‘(ii) a public health emergency, major 
disaster or emergency, or national emer-
gency declared by the applicable government 
authorities in the country in which the for-
eign institution is located; and 
‘‘(B) ending on the later of— 
‘‘(i) subject to paragraph (2), the last 
day of the payment period, for purposes of 
title IV of the Higher Education Act of 
1965 (20 U.S.C. 1070 et seq.), following the 
end of any qualifying emergency or any 
emergency or disaster described in subpara-
graph (A)(ii) applicable to the foreign insti-
tution; or 
‘‘(ii) June 30, 2022.
264 
any payments of applicable fees 
and required funds,’’; and 
(bb) by striking the period 
and inserting ‘‘; and’’; and 
(III) by adding at the end the fol-
lowing: 
‘‘(C) the institution may pay, without pen-
alty, any periodic installment of principal or in-
terest required under the loan agreement for such 
loan.’’; and 
(B) 
in 
subsection 
(d), 
by 
striking 
‘‘$62,000,000’’ and inserting ‘‘such sums as may 
be necessary’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect as if enacted as 
part of the Coronavirus Aid, Relief, and Economic 
Security Act (Public Law 116–136). 
(b) ENDOWMENT CHALLENGE GRANTS.—For the dura-
tion of a qualifying emergency (as defined in section 3502 
of the Coronavirus Aid, Relief, and Economic Security Act 
(20 U.S.C. 1001 note)), notwithstanding the provisions of 
subsections (b)(3), (c)(3)(B), and (d) of section 331 of the 
Higher Education Act of 1965 (20 U.S.C. 1065) applicable 
during the grant period for an endowment challenge grant 
awarded to an institution under such section 331 (20
265 
U.S.C. 1065), the institution may use the endowment fund 
corpus plus any endowment fund income— 
(1) for any educational purpose; or 
(2) to defray any expenses necessary to the oper-
ation of the institution, including expenses of oper-
ations and maintenance, administration, academic 
and support personnel, construction and renovation, 
community and student services programs, and tech-
nical assistance. 
SEC. 117. WAIVER AUTHORITY FOR INSTITUTIONAL AID. 
(a) IN
GENERAL.—Section 3517(a)(1)(D) of the 
CARES Act (Public Law 116–136) is amended by striking 
‘‘(b), (c), and (g)’’ and inserting ‘‘(b) and (c)’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect as if included in the enactment 
of the CARES Act (Public Law 116–136). 
SEC. 118. SCOPE OF MODIFICATIONS TO REQUIRED AND AL-
LOWABLE USES. 
(a) AMENDMENT TO INCLUDE MINORITY SCIENCE AND 
ENGINEERING IMPROVEMENT PROGRAM.—Subsection (a) of 
section 3518 of the CARES Act (Public Law 116–136) is 
amended— 
(1) by striking ‘‘part A or B of title III,’’ and 
inserting ‘‘part A, part B, or subpart 1 of part E of 
title III,’’; and
266 
(2) by inserting ‘‘1067 et seq.;’’ after ‘‘1060 et 
seq.;’’. 
(b) AMENDMENT TO MATCHING REQUIREMENT MODI-
FICATIONS.—Subsection (b) of section 3518 of the CARES 
Act (Public Law 116–136) is amended— 
(1) by striking ‘‘Notwithstanding’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Notwithstanding’’; 
(2) in paragraph (1), as so designated by this 
subsection— 
(A) by striking ‘‘is authorized to’’ and in-
serting ‘‘shall’’; and 
(B) by striking ‘‘share’’ and inserting 
‘‘share, non-Federal share,’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(2) WAIVER OF GEAR UP MATCHING REQUIRE-
MENT.— 
‘‘(A) IN
GENERAL.—Notwithstanding sec-
tion 404C(b) of the Higher Education Act of 
1965 (20 U.S.C. 1070a–23(b)), the Secretary 
shall waive, for the duration of the period de-
scribed in subparagraph (B), any requirement 
for an eligible entity (as defined in section 
404A(c) (20 U.S.C. 1070a–21(c))) to provide a
267 
percentage of the cost of the program authorized 
under chapter 2 of subpart 2 of part A of title 
IV of the Higher Education Act of 1965 (20 
U.S.C. 1070a–21 et seq.) from State, local, insti-
tutional, or private funds. 
‘‘(B) DESCRIPTION OF PERIOD.—The period 
described in this subparagraph is the period be-
ginning on the first day of a qualifying emer-
gency and ending on September 30 of the fiscal 
year following the end of the qualifying emer-
gency.’’. 
(c) AMENDMENT TO CLARIFY SCOPE OF AUTHORITY.— 
Section 3518 of the CARES Act (Public Law 116–136) is 
further amended by adding at the end the following new 
subsection: 
‘‘(d) SCOPE OF AUTHORITY.—Notwithstanding sub-
section (a), the Secretary may not modify the required or 
allowable uses of funds for grants awarded under chapter 
I or II of subpart 2 of part A of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070a–11 et seq.; 1070a– 
21 et seq.), in a manner that deviates from the overall pur-
pose of the grant program, as provided in the general au-
thorization, findings, or purpose of the grant program 
under the applicable statutory provision cited in such chap-
ter.’’.
268 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect as if included in the enactment of 
the CARES Act (Public Law 116–136). 
Subtitle B—Financial Aid Access 
SEC. 121. EMERGENCY FINANCIAL AID GRANTS EXCLUDED 
FROM NEED ANALYSIS. 
(a) TREATMENT
OF
EMERGENCY
FINANCIAL
AID 
GRANTS FOR NEED ANALYSIS.—Notwithstanding any pro-
vision of the Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), emergency financial aid grants— 
(1) shall not be included as income or assets (in-
cluding untaxed income and benefits under section 
480(b) of the Higher Education Act of 1965 (20 
U.S.C. 1807vv(b))) in the computation of expected 
family contribution for any program funded in whole 
or in part under the Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.); and 
(2) shall not be treated as estimated financial as-
sistance for the purposes of section 471 or section 
480(j) of the Higher Education Act of 1965 (20 
U.S.C. 1087kk; 1087vv(j)). 
(b) DEFINITION.—In this section, the term ‘‘emergency 
financial aid grant’’ means—
269 
(1) an emergency financial aid grant awarded 
by an institution of higher education under section 
3504 of the CARES Act (Public Law 116–136); 
(2) an emergency financial aid grant from an 
institution of higher education made with funds made 
available under section 18004 of the CARES Act 
(Public Law 116–136); and 
(3) any other emergency financial aid grant to 
a student from a Federal agency, a State, an Indian 
tribe, an institution of higher education, or a scholar-
ship-granting organization (including a tribal orga-
nization, as defined in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 
U.S.C. 5304)) for the purpose of providing financial 
relief to students enrolled at institutions of higher 
education in response to a qualifying emergency. 
SEC. 122. FACILITATING ACCESS TO FINANCIAL AID FOR RE-
CENTLY UNEMPLOYED STUDENTS. 
(a) TREATMENT AS DISLOCATED WORKER.— 
(1) 
IN
GENERAL.—Notwithstanding 
section 
479(d)(1) of the Higher Education Act of 1965 (20 
U.S.C. 1087ss(d)(1)), any individual who has applied 
for, or who is receiving, unemployment benefits at the 
time of the submission of a FAFSA for a covered 
award year shall be treated as a dislocated worker for
270 
purposes of the need analysis under part F of title IV 
such Act (20 U.S.C. 1087kk et seq.) applicable to such 
award year. 
(2) INFORMATION TO APPLICANTS AND INSTITU-
TIONS.—The Secretary— 
(A) for each covered award year, shall en-
sure that— 
(i) any question on the FAFSA used to 
determine whether an applicant (or, as ap-
plicable, a spouse or parent of an appli-
cant) is a dislocated worker includes an ex-
press reference to individuals who have been 
laid off; 
(ii) any help text associated with a 
question described in clause (i) includes a 
description of an applicant’s treatment as a 
dislocated worker under paragraph (1); and 
(iii) the FAFSA includes a prominent 
notification, appearing immediately before 
questions related to tax returns or income 
that, if the applicant (or, as applicable, a 
spouse or parent of an applicant) has lost 
significant income earned from work due to 
a qualifying emergency, the applicant 
should contact the financial aid adminis-
271 
trator at the institution where the applicant 
plans to enroll to provide current income 
information; 
(B) in consultation with institutions of 
higher education, shall carry out activities to in-
form applicants for Federal student financial 
aid under the Higher Education Act of 1965 (20 
U.S.C. 1001 et seq.)— 
(i) of the treatment of individuals who 
have applied for, or who are receiving, un-
employment benefits as dislocated workers 
under paragraph (1); 
(ii) of the availability of means-tested 
Federal benefits for which such applicants 
may be eligible; and 
(iii) of the ability of a financial aid 
administrator of an institution of higher 
education to use professional judgment as 
authorized under section 479A of the Higher 
Education Act of 1965 (20 U.S.C. 1087tt) 
and in accordance with subsection (b), to 
determine, where appropriate, that income 
earned from work is zero and consider un-
employment benefits to be zero, if the appli-
cant (or, as applicable, a spouse or parent
272 
of an applicant) has applied for or is re-
ceiving unemployment benefits; 
(C) shall carry out activities to inform in-
stitutions of higher education of the authority of 
such institutions, with explicit written consent of 
an applicant for Federal student financial aid 
under the Higher Education Act of 1965 (20 
U.S.C. 1001 et seq.), to provide information col-
lected from such applicant’s FAFSA to an orga-
nization assisting the applicant in applying for 
and receiving Federal, State, local, or tribal as-
sistance in accordance with section 312 of the 
Department of Defense and Labor, Health and 
Human Services, and Education Appropriations 
Act, 2019 and Continuing Appropriations Act, 
2019 (Public Law 115– 245); and 
(D) in consultation with the Secretary of 
Labor, shall carry out activities to inform appli-
cants for, and recipients of, unemployment bene-
fits of the availability of Federal student finan-
cial aid under the Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.) and the treatment of 
such applicants and recipients as dislocated 
workers under paragraph (1).
273 
(3) IMPLEMENTATION.—The Secretary shall im-
plement this subsection not later than 30 days after 
the date of enactment of this Act. 
(4) APPLICABILITY.—Paragraph (1) shall apply 
with respect to a FAFSA submitted on or after the 
earlier of— 
(A) the date on which the Secretary imple-
ments this subsection under paragraph (3); or 
(B) the date that is 30 days after the date 
of enactment of this Act. 
(b) PROFESSIONAL JUDGMENT OF FINANCIAL AID AD-
MINISTRATORS.—For the purposes of making a professional 
judgment as authorized under section 479A of the Higher 
Education Act of 1965 (20 U.S.C. 1087tt), a financial aid 
administrator may, during a covered award year— 
(1) determine that the income earned from work 
for a student, or a parent or spouse of a student, as 
applicable, is zero, if the student, parent, or spouse 
provides paper or electronic documentation of receipt 
of unemployment benefits or confirmation that an ap-
plication for unemployment benefits was submitted; 
(2) consider the value of unemployment benefits 
for such student, parent, or spouse to be zero; and 
(3) make appropriate adjustments to the data 
items on the FAFSA for a student, parent, or spouse,
274 
as applicable, based on the totality of the family’s sit-
uation. 
(c) UNEMPLOYMENT DOCUMENTATION.—For the pur-
poses of documenting unemployment benefits or application 
for such benefits under subsection (b), such documentation 
shall be accepted if such documentation is submitted not 
more than 90 days from the date on which such documenta-
tion was issued, unless a financial aid administrator knows 
that the student, parent, or spouse, as applicable, has al-
ready obtained other employment. 
(d) ADJUSTMENTS TO PROGRAM REVIEW MODEL.— 
The Secretary shall make adjustments to the model used to 
select institutions of higher education participating in title 
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 
et seq.) for program reviews, in order to— 
(1) account for any rise in the use of professional 
judgment as authorized under section 479A of such 
Act (20 U.S.C. 1087tt) during the 2020–2021 and 
2021–2022 award years; and 
(2) ensure that institutions are not penalized for 
an increase in the use of professional judgment dur-
ing such award years. 
(e) DEFINITIONS.—In this section: 
(1) COVERED AWARD YEAR.—The term ‘‘covered 
award year’’ means—
275 
(A) an award year during which there is a 
qualifying emergency; and 
(B) the first award year beginning after the 
end of such qualifying emergency. 
(2) MEANS-TESTED
FEDERAL
BENEFIT.—The 
term ‘‘means-tested Federal benefit’’ includes the fol-
lowing: 
(A) The supplemental security income pro-
gram under title XVI of the Social Security Act 
(42 U.S.C. 1381 et seq.). 
(B) The supplemental nutrition assistance 
program under the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.). 
(C) The free and reduced price school lunch 
program established under the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1751 
et seq.). 
(D) The program of block grants for States 
for temporary assistance for needy families es-
tablished under part A of title IV of the Social 
Security Act (42 U.S.C. 601 et seq.). 
(E) The special supplemental nutrition pro-
gram for women, infants, and children estab-
lished by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786).
276 
(F) The Medicaid program under title XIX 
of the Social Security Act (42 U.S.C. 1396 et 
seq.). 
(G) The tax credits provided under the fol-
lowing sections of the Internal Revenue Code of 
1986 (title 26, United States Code): 
(i) Section 25A (relating to American 
Opportunity and Lifetime Learning cred-
its). 
(ii) Section 32 (relating to earned in-
come). 
(iii) Section 36B (relating to refund-
able credit for coverage under a qualified 
health plan). 
(iv) Section 6428 (relating to 2020 re-
covery rebates for individuals). 
(H) Federal housing assistance programs, 
including tenant-based assistance under section 
8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)), and public housing, as de-
fined in section 3(b)(1) of such Act (42 U.S.C. 
1437a(b)(1)). 
(I) Such other Federal means-tested benefits 
as may be identified by the Secretary.
277 
SEC. 123. STUDENT ELIGIBILITY FOR HIGHER EDUCATION 
EMERGENCY RELIEF FUND AND OTHER HIGH-
ER EDUCATION FUNDS. 
(a) IN GENERAL.—With respect to student eligibility 
for receipt of funds provided under section 18004 of the 
CARES Act (Public Law 116–136) and under title VIII 
of division A of this Act— 
(1) the Secretary is prohibited from imposing 
any restriction on, or defining, the populations of stu-
dents who may receive such funds other than a re-
striction based solely on the student’s enrollment at 
the institution of higher education; and 
(2) section 401(a) the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1611(a)) shall not apply. 
(b) EFFECTIVE DATE.—Subsection (a) shall take effect 
as if included in the enactment of the CARES Act (Public 
Law 116–136), and an institution of higher education that 
provided funds to a student before the date of enactment 
of this Act shall not be penalized if such provision is con-
sistent with such subsection and section 18004 of the 
CARES Act (Public Law 116–136). 
SEC. 124. DISTANCE EDUCATION. 
(a) DEFINITION OF DISTANCE EDUCATION.— 
(1) 
IN
GENERAL.—Notwithstanding 
section 
103(7) of the Higher Education Act of 1965 (20
278 
U.S.C. 1003(7)) and except as otherwise specified in 
section 486 of the Higher Education Act of 1965 (20 
U.S.C. 1093), the term ‘‘distance education’’ as used 
in title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.) shall have the meaning given that 
term in section 600.2 of title 34, Code of Federal Reg-
ulations, as amended by the final regulations entitled 
‘‘Distance Education and Innovation’’ published by 
the Department of Education in the Federal Register 
on September 2, 2020 (85 Fed. Reg. 54809), or any 
succeeding regulations. 
(2) INFORMATION
TO
ACCREDITING
AGENCY.— 
Not later than 90 days after the date of enactment of 
this Act, each institution of higher education that 
participates in a program under title IV of the High-
er Education Act of 1965 (20 U.S.C. 1070 et seq.) 
and that provides one or more educational programs 
through distance education shall submit to the insti-
tution’s accrediting agency or association, a descrip-
tion of how the institution plans to meet the require-
ments of this subsection. 
(3) EFFECTIVE DATE.—This subsection shall take 
effect with respect to any semester (or the equivalent) 
that begins on or after December 1, 2020.
279 
(b) APPROVAL
FOR
EXPANDED
DISTANCE
EDU-
CATION.— 
(1) IN GENERAL.— 
(A) IN GENERAL.—Notwithstanding section 
481(b)(3) of the Higher Education Act of 1965 
(20 U.S.C. 1088(b)(3)), an institution of higher 
education described in subparagraph (B) may 
deliver distance education by offering programs 
in whole or in part through telecommunications 
and be eligible to participate in a program 
under title IV if such institution meets the re-
quirements of paragraphs (2) through (4). 
(B) INSTITUTION OF HIGHER EDUCATION.— 
An institution of higher education described in 
this subparagraph is an institution of higher 
education that uses or expands distance edu-
cation— 
(i) in accordance with the flexibilities 
and waivers provided under the guidance of 
the Secretary on distance education; and 
(ii) without following— 
(I) the standard approval process 
for distance education (as in effect be-
fore March 5, 2020) of the Secretary; 
or
280 
(II) the evaluation process of in-
stitution’s accrediting agency or asso-
ciation described in paragraph (2)(A). 
(2) COMMENCEMENT
OF
EVALUATION
PROCESS 
WITH THE INSTITUTION’S ACCREDITING AGENCY.— 
(A) IN GENERAL.—Not later than December 
31, 2020, each institution described in para-
graph (1)(B) shall demonstrate to the Secretary 
that such institution has commenced the evalua-
tion process with its accrediting agency or asso-
ciation for the purpose of evaluating distance 
education to determine whether such institution 
has the capability to— 
(i) effectively deliver distance edu-
cation programs; and 
(ii) meet the applicable policies and 
procedures of the accrediting agency or as-
sociation (as such policies and procedures 
were in effect before March 5, 2020). 
(B) ACCREDITING
AGENCY
OR
ASSOCIA-
TION.—In a case in which an accrediting agency 
or association does not have distance education 
in the scope of its recognition at the time an in-
stitution commences the evaluation process de-
scribed in this paragraph, and such agency ex-
281 
pands its scope of accreditation to include dis-
tance education, not later than 30 days after 
such change in scope, such agency shall notify 
the Secretary, in writing, of the change in scope 
to include distance education, in accordance 
with section 496(a)(4)(B)(i)(II) of the Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1099b(a)(4)(B)(i)(II)). 
(3) COMMENCEMENT
OF
APPROVAL
PROCESS 
WITH THE SECRETARY.—Not later than December 31, 
2020, each institution described in paragraph (1)(B) 
shall commence, with the Secretary, the standard ap-
proval process for distance education of the Secretary 
referred to in paragraph (1)(B)(ii)(I). 
(4) COMPLETION OF EVALUATION AND APPROVAL 
PROCESS.— 
(A) IN GENERAL.—Not later than July 1, 
2021, an institution of higher education de-
scribed in paragraph (1)(B) shall demonstrate to 
the Secretary that— 
(i) the institution has completed the 
evaluation process and standard approval 
process for distance education under para-
graphs (2) and (3), respectively, for each of 
its applicable programs; and
282 
(ii) each such program meets the ap-
plicable policies and procedures to offer dis-
tance education that are required by the 
Secretary and the institution’s accrediting 
agency or association under such para-
graphs. 
(B) LOSS OF ELIGIBILITY.—An institution 
of higher education that does not meet the re-
quirements of subparagraph (A) shall cease offer-
ing distance education programs until such time 
that such institution demonstrates to the Sec-
retary that the institution and each of its appli-
cable programs meet the requirements of sub-
paragraph (A). 
(c) REQUIREMENTS FOR CERTAIN COVERED ARRANGE-
MENTS.— 
(1) ACCREDITOR
REVIEW
FOR
COVERED
AR-
RANGEMENTS WITH FOREIGN INSTITUTIONS.—An in-
stitution of higher education with a covered arrange-
ment with a foreign institution shall demonstrate to 
the Secretary that the institution has commenced the 
evaluation process with the institution’s accrediting 
agency or association to determine, in a case in 
which the accrediting agency or association has 
standards for the provision of educational services to
283 
another institution, whether such covered arrange-
ment meets the standards. 
(2) REPORTING TO THE SECRETARY.—Beginning 
not later than 30 days after the date of enactment of 
this Act, the Secretary shall require the following: 
(A) INSTITUTIONS
WITH
COVERED
AR-
RANGEMENTS WITH NON-TITLE-IV INSTITUTIONS 
OR
ORGANIZATIONS.—An institution of higher 
education with a covered arrangement with a 
non-title-IV institution or organization shall re-
port to the Secretary not later than 10 days after 
the institution of higher education establishes or 
modifies such covered arrangement— 
(i) the name of the institution or orga-
nization that is not eligible to participate 
in a program under title IV; 
(ii) a summary of such arrangement, 
including the percentages and components 
of the educational program to be offered by 
the institution of higher education and such 
institution or organization; and 
(iii) an attestation that the institution 
of higher education and such institution or 
organization meet the requirements of sec-
tion 668.5(c) of title 34, Code of Federal
284 
Regulations (as such section is in effect on 
the date of enactment of this Act), including 
the specific determination from the institu-
tion of higher education’s accrediting agen-
cy or association that the institution’s ar-
rangement meets the agency or association’s 
standards for the contracting out of edu-
cational services. 
(B) INSTITUTIONS
WITH
COVERED
AR-
RANGEMENTS WITH FOREIGN INSTITUTIONS.—An 
institution of higher education with a covered 
arrangement with a foreign institution shall re-
port to the Secretary— 
(i) not later than 10 days after such 
institution establishes such covered arrange-
ment— 
(I) the name of the foreign insti-
tution; and 
(II) a summary of such arrange-
ment, including the percentages and 
components of the educational program 
to be offered by the institution of high-
er education and the foreign institu-
tion; and
285 
(ii) if applicable, not later than 10 
days after the date on which the institu-
tion’s accrediting agency or association pro-
vides its determination to the institution in 
accordance with paragraph (1), the deter-
mination made by the institution’s accred-
iting agency or association. 
(3) INFORMATION
MADE
AVAILABLE
TO
STU-
DENTS.— 
(A) INSTITUTIONS
WITH
COVERED
AR-
RANGEMENTS WITH NON-TITLE-IV INSTITUTIONS 
OR
ORGANIZATIONS.—An institution of higher 
education with a covered arrangement with a 
non-title-IV institution or organization shall 
provide directly to enrolled and prospective stu-
dents, and make available on a publicly acces-
sible website of the institution, a description of 
each covered arrangement with a non-title-IV in-
stitution or organization, including information 
on— 
(i) the portion of the educational pro-
gram that the institution of higher edu-
cation is not providing; 
(ii) the name and location of the non- 
title-IV institution or organization that is
286 
providing such portion of the educational 
program; 
(iii) the method of delivery of such por-
tion of the educational program; and 
(iv) the estimated additional costs stu-
dents may incur as the result of enrolling 
in an educational program that is provided 
under the covered arrangement. 
(B) INSTITUTIONS
WITH
COVERED
AR-
RANGEMENTS WITH FOREIGN INSTITUTIONS.—In 
the case of an institution of higher education 
with a covered arrangement with a foreign insti-
tution, the foreign institution in such arrange-
ment shall provide the information described in 
subparagraph (A) regarding the covered arrange-
ment in the same manner as applies to an insti-
tution of higher education with a covered ar-
rangement with a non-title-IV institution or or-
ganization subject to such subparagraph. 
(4) ENFORCEMENT.—The Secretary shall take 
such enforcement actions under section 487(c) of the 
Higher Education Act of 1965 (20 U.S.C. 1094(c)) as 
necessary until such time as an institution of higher 
education with a covered arrangement subject to this
287 
subsection can demonstrate that the institution 
meets— 
(A) the standards of the institution’s accred-
iting agency or association for the contracting 
out of educational services; and 
(B) in the case of an institution with a cov-
ered arrangement with a foreign institution, the 
standards, if applicable, of the accrediting agen-
cy or association for the provision of educational 
services to another institution. 
(d) REQUIRED REPORTS.— 
(1) REPORTS BY ACCREDITING AGENCY OR ASSO-
CIATION.— 
(A) IN GENERAL.—Not later than 15 busi-
ness days after an accrediting agency or associa-
tion completes the review of an institution of 
higher education subject to the requirements of 
subsection (b) or (c), the accrediting agency or 
association shall publish a report regarding the 
review. 
(B) REQUIREMENTS.—The report under 
subparagraph (A) shall— 
(i) be published on the website of the 
accrediting agency or association; and
288 
(ii) include a summary of the conclu-
sion and the relevant findings that such 
agency or association provided such institu-
tion of higher education in granting, as ap-
plicable— 
(I) the approval or denial for an 
institution of higher education to de-
liver distance education under sub-
section (b); or 
(II) the approval or denial of an 
institution of higher education to enter 
into or modify a written arrangement 
in accordance with subsection (c). 
(2) REPORTS
BY
SECRETARY.—By March 31, 
2021, and quarterly thereafter, the Secretary shall 
provide the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on 
Education and Labor of the House of Representatives, 
and publish on a publicly available website, a report 
of the information collected under paragraph (1) and 
subsection (c)(2). 
(e) OTHER DEFINITIONS.—In this section: 
(1) ACCREDITING AGENCY OR ASSOCIATION.—The 
term ‘‘accrediting agency or association’’ means—
289 
(A) an accrediting agency or association 
that is recognized by the Secretary under subpart 
2 of part H of title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1099b); or 
(B) in the case of a public postsecondary 
vocational institution whose eligibility for Fed-
eral student assistance programs is being deter-
mined by a State agency listed under section 
487(c)(4) of the Higher Education Act of 1965 
(20 U.S.C. 1094(c)(4)), such a State agency. 
(2) COVERED ARRANGEMENT WITH A FOREIGN 
INSTITUTION.—The term ‘‘covered arrangement with 
a foreign institution’’ means a written arrangement 
entered into between an institution of higher edu-
cation and a foreign institution, on or after March 
13, 2020, to provide an educational program. 
(3) COVERED ARRANGEMENT WITH A NON-TITLE- 
IV INSTITUTION OR ORGANIZATION.—The term ‘‘cov-
ered arrangement with a non-title-IV institution or 
organization’’ means a written arrangement— 
(A) to provide an educational program that 
satisfies the requirements of section 668.8 of title 
34, Code of Federal Regulations (as such section 
is in effect on the date of enactment of this Act) 
between an institution of higher education and
290 
an institution or organization that is not eligible 
to participate in a program under title IV; 
(B) entered into, or modified, on or after 
March 13, 2020; and 
(C) through which the institution or organi-
zation that is not eligible to participate in a 
program under title IV will provide more than 
25 percent, but less than 50 percent of the edu-
cational program subject to the arrangement. 
(4) FOREIGN INSTITUTION.—The term ‘‘foreign 
institution’’ means an institution located outside the 
United States that is described in paragraphs (1)(C) 
and (2) of section 102(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1002(a)). 
(5) GUIDANCE OF THE SECRETARY ON DISTANCE 
EDUCATION.—The term ‘‘guidance of the Secretary on 
distance education’’ means the guidance of the Sec-
retary entitled ‘‘UPDATED Guidance for interrup-
tions of study related to Coronavirus (COVID–19)’’ 
dated June 16, 2020 (or prior or succeeding guid-
ance). 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given that term in section 102 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002).
291 
(7) PROGRAM UNDER TITLE IV.—The term ‘‘pro-
gram under title IV’’ means the following programs 
under title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070 et seq.): 
(A) The Federal Pell Grant program under 
section 401 of such Act (20 U.S.C. 1070a). 
(B) The Federal Supplemental Educational 
Opportunity Grant program under subpart 3 of 
part A of such title IV (20 U.S.C. 1070b). 
(C) The Federal work-study program under 
part C of such title IV (20 U.S.C. 1087–51 et 
seq.). 
(D) The Federal Direct Loan program 
under part D of such title IV (20 U.S.C. 1087a 
et seq.). 
SEC. 125. REQUIREMENTS FOR TEACH-OUT PLANS AND 
TEACH-OUT AGREEMENTS. 
(a) REQUIREMENTS.— 
(1) 
IN
GENERAL.—Notwithstanding 
section 
487(f)(2) of the Higher Education Act of 1965 (20 
U.S.C. 1094(f)(2)), in the event an institution of 
higher education, during the period described in sub-
section (d), is required to submit to its accrediting 
agency or association a teach-out plan (in accordance 
with section 487(f) and section 496(c)(3) of such Act
292 
(20 U.S.C. 1094(f); 1099b(c)(3))), or to submit a 
teach-out agreement among institutions (in accord-
ance with section 496(c)(6) of such Act (20 U.S.C. 
1099b(c)(6))), the following shall apply to such plans 
and agreements: 
(A) The definitions and requirements de-
scribed in this subsection. 
(B) Any other applicable standards of the 
institution’s accrediting agency or association. 
(C) Any other provisions the Secretary of 
Education determines are necessary to protect 
the interests of the United States and to promote 
the purposes of this section. 
(2) CLOSING INSTITUTION DEFINED.—The term 
‘‘closing institution’’ means an institution of higher 
education— 
(A) that ceases to operate or plans to cease 
operations before all enrolled students have com-
pleted their program of study; or 
(B) that has an institutional location 
that— 
(i) provides 100 percent of at least 1 
program offered by the institution of higher 
education; and
293 
(ii) ceases to operate or plans to cease 
operations before all enrolled students have 
completed their program of study. 
(3) TEACH-OUT PLANS.— 
(A) TEACH-OUT PLAN DEFINED.—The term 
‘‘teach-out plan’’ means a written plan developed 
by a closing institution that provides for the eq-
uitable treatment of students. 
(B) CONTENTS OF TEACH-OUT PLANS.—A 
teach-out plan shall include a record-retention 
plan that includes— 
(i) a plan for the custody (including 
by any applicable State authorizing agen-
cies), and the disposition, of teach-out 
records that meets the requirements of para-
graph (5)(B)(iii); 
(ii) an assurance that in the event of 
the closure of the institution or an institu-
tional location of the institution, such insti-
tution— 
(I) will meet the requirements of 
paragraph (5)(B)(iv); and 
(II) will refund students the 
amount of any unearned tuition, ac-
295 
102(c) of the Higher Education Act of 1965 
(20 U.S.C. 1001; 1002(c)); 
(ii) has the necessary experience, re-
sources, and support services to provide an 
educational program that is of acceptable 
quality and reasonably similar in content, 
delivery modality, and scheduling to that 
provided by the closing institution with 
which the teach-out institution has entered 
into the teach-out agreement; 
(iii) has not been subject to a sanction 
of probation or equivalent or show cause by 
its accrediting agency or association or any 
applicable State authorizing or licensing 
agency in the past 5 years; and 
(iv) shows no evidence of significant 
problems (including financial stability or 
administrative capability) that affect the 
institution’s capacity to carry out its mis-
sion and meet all obligations to enrolled 
students, which shall include a showing that 
there is no evidence of the conditions de-
scribed in section 602.24(c)(8) of title 34, 
Code of Federal Regulations, as in effect on 
the date of enactment of this Act; and
296 
(B) that the closing institution— 
(i) provides the accrediting agency or 
association and the Secretary a complete 
list of all students who are enrolled in each 
program at the institution or who have 
withdrawn from the institution within the 
last 180 days, including each student’s 
name, contact information, program of 
study, the program requirements each stu-
dent has completed, and the estimated date 
of completion in the absence of the closure 
of such institution or institutional location; 
(ii) provides to the accrediting agency 
or association and the Secretary, for each 
program of study at the closing institution, 
records of any agreements pertaining to the 
acceptance of students, transfer of credits, 
articulation agreements, or waiver of pro-
gram requirements between the closing in-
stitution and any other institutions of high-
er education; 
(iii) provides a record-retention plan 
to all enrolled students that delineates the 
final 
disposition 
of 
teach-out 
records, 
digitally where practicable, including stu-
297 
dent transcripts, billing, financial aid 
records, and the amount of any unearned 
tuition, account balances, student fees, and 
refunds due to each such student; 
(iv) releases all financial holds placed 
on student records and, for the 3-year pe-
riod beginning on the date of the closure of 
such institution or institutional location, 
provides each student (including each stu-
dent who withdrew from such institution 
during the 180-day period prior to the date 
of such closure) with the student’s official 
transcripts and complete academic records 
at no cost to the student; 
(v) provides students with information, 
using standard language developed by the 
Secretary under subsection (b), regarding— 
(I) the benefits and consequences 
of choosing to— 
(aa) continue the student’s 
studies by transferring to a teach- 
out institution; and 
(bb) receive a closed school 
discharge under section 437(c)(1) 
and section 464(g)(1) of the High-
298 
er Education Act of 1965 (20 
U.S.C. 1087(c)(1); 1087dd(g)(1)); 
and 
(II) if applicable, information on 
institutional and State refund policies; 
(vi) provides students with information 
about additional tuition and fee charges, if 
any, at the teach-out institution; and 
(vii) provides students with accurate 
information on the number and types of 
credits the teach-out institution is willing to 
accept prior to the student’s enrollment in 
that institution or any other institution of 
higher education with which the closing in-
stitution has an articulation agreement. 
(6) SUBMISSION
OF
TEACH-OUT
PLANS
AND 
TEACH-OUT AGREEMENTS.— 
(A) SUBMISSION
OF
NOTICE.—Not later 
than 10 days after being required to submit a 
teach-out plan or teach-out agreement to its ac-
crediting agency or association, the institution of 
higher education shall submit a notice of such 
plan or agreement to the Secretary of Education 
and to any applicable State authorizing agencies 
of such institution.
299 
(B) SUBMISSION
OF
PLAN
OR
AGREE-
MENT.—Not later than 5 days after receiving ap-
proval from its accrediting agency or association 
of a teach-out plan or teach-out agreement, as 
applicable, the institution of higher education 
shall submit the approved plan or agreement to 
the Secretary of Education and to any applica-
ble State authorizing agencies of such institu-
tion. 
(b) STANDARD LANGUAGE.—Not later than 60 days 
after the date of the enactment of this section, the Secretary 
of Education shall publish standard language relating to 
closed school discharges for purposes of subsection 
(a)(5)(B)(v). 
(c) PROHIBITION ON MISREPRESENTATIONS.— 
(1) IN GENERAL.—An institution of higher edu-
cation is prohibited from engaging in misrepresenta-
tion about the nature of teach-out plans, teach-out 
agreements, and transfer of credit. 
(2) SANCTIONS.— Upon determination, after 
reasonable notice and opportunity for a hearing, that 
an institution of higher education is in violation of 
this subsection, the Secretary of Education— 
(A) shall impose a civil penalty not to ex-
ceed $25,000 for each misrepresentation; and
300 
(B) may impose an additional sanction de-
scribed in section 497(c)(3) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1094(c)(3)). 
(d) COVERED PERIOD.—The provisions of this section 
shall be in effect during the period beginning on the date 
of enactment of this Act and ending on the date on which 
on which sections 487(f) of the Higher Education Act of 
1965 (20 U.S.C. 1094(f)) or paragraphs (3) and (6) of sec-
tion 493(c) of such Act (20 U.S.C. 1098b(c)) are amended 
or repealed. 
Subtitle C—Federal Student Loan 
Relief 
PART 1—TEMPORARY RELIEF FOR FEDERAL 
STUDENT BORROWERS 
SEC. 131. EXPANDING LOAN RELIEF TO ALL FEDERAL STU-
DENT LOAN BORROWERS. 
Section 3502(a) of division A of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116–136) 
is amended— 
(1) by redesignating paragraphs (2) through (5) 
as paragraphs (3) through (6), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) FEDERAL STUDENT LOAN.—The term ‘Fed-
eral student loan’ means a loan—
301 
‘‘(A) made under part B, part D, or part 
E of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1071 et seq., 1087a et seq., 
1087aa et seq.), and held by the Department of 
Education; 
‘‘(B) made, insured, or guaranteed under 
part B of such title, or made under part E of 
such title, and not held by the Department of 
Education; or 
‘‘(C) made under— 
‘‘(i) subpart II of part A of title VII 
of the Public Health Service Act (42 U.S.C. 
292q et seq.); or 
‘‘(ii) part E of title VIII of the Public 
Health Service Act (42 U.S.C. 297a et 
seq.).’’. 
SEC. 132. EXTENDING THE LENGTH OF BORROWER RELIEF 
DUE TO THE CORONAVIRUS EMERGENCY. 
Section 3513 of division A of the Coronavirus Aid, Re-
lief, and Economic Security Act (Public Law 116–136) is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) SUSPENSION OF PAYMENTS.—
302 
‘‘(1) IN GENERAL.—During the period beginning 
on March 13, 2020, and ending on September 30, 
2021, the Secretary or, as applicable, the Secretary of 
Health and Human Services, shall suspend all pay-
ments due on Federal student loans. 
‘‘(2) TRANSITION PERIOD.—For one additional 
30-day period beginning on the day after the last day 
of the suspension period described in subsection (a), 
the Secretary or, as applicable, the Secretary of 
Health and Human Services, shall ensure that any 
missed payments on a Federal student loan by a bor-
rower during such additional 30-day period— 
‘‘(A) do not result in collection fees or pen-
alties associated with late payments; and 
‘‘(B) are not reported to any consumer re-
porting agency or otherwise impact the bor-
rower’s credit history. 
‘‘(3) DETERMINATION OF COMPENSATION.—The 
Secretary or, as applicable, the Secretary of Health 
and Human Services shall— 
‘‘(A) with respect to a holder of a Federal 
student loan defined in subparagraph (B) or (C) 
of section 3502(a)(2)—
303 
‘‘(i) determine any losses for such hold-
er due to the suspension of payments on 
such loan under paragraph (1); and 
‘‘(ii) establish reasonable compensation 
for such losses; and 
‘‘(B) not later than 60 days after the date 
of enactment of the Pandemic Education Re-
sponse Act, with respect to a borrower who made 
a payment on a Federal student loan defined in 
subparagraph (B) or (C) of section 3502(a)(2) 
during the period beginning on March 13, 2020, 
and ending on such date of enactment, the Sec-
retary shall pay to the borrower, an amount 
equal to the lower of— 
‘‘(i) the amount paid by the borrower 
on such loan during such period; or 
‘‘(ii) the amount that was due on such 
loan during such period. 
‘‘(4) RECERTIFICATION.—A borrower who is re-
paying a Federal student loan pursuant to an in-
come-contingent 
repayment 
plan 
under 
section 
455(d)(1)(D) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(d)(1)(D)) or an income-based repay-
ment plan under section 493C of such Act (20 U.S.C. 
1098e) shall not be required to recertify the income or
304 
family size of the borrower under such plan prior to 
December 31, 2021.’’; 
(2) in subsection (c), by striking ‘‘part D or B 
of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1087a et seq.; 1071 et seq.)’’ and inserting 
‘‘part B, D, or E of title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.; 
1087aa et seq.)’’; 
(3) in subsection (d), by striking ‘‘During the pe-
riod in which the Secretary suspends payments on a 
loan under subsection (a), the Secretary’’ and insert-
ing ‘‘During the period in which payments on a Fed-
eral student loan are suspended under subsection (a), 
the Secretary or, as applicable, the Secretary of 
Health and Human Services’’; 
(4) in subsection (e), by striking ‘‘During the pe-
riod in which the Secretary suspends payments on a 
loan under subsection (a), the Secretary’’ and insert-
ing ‘‘During the period in which payments on a Fed-
eral student loan are suspended under subsection (a), 
the Secretary or, as applicable, the Secretary of 
Health and Human Services’’; and 
(5) in subsection (f), by striking ‘‘the Secretary’’ 
and inserting ‘‘the Secretary or, as applicable, the 
Secretary of Health and Human Services,’’.’’
305 
SEC. 133. NO INTEREST ACCRUAL. 
Section 3513(b) of division A of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116–136) 
is amended to read as follows: 
‘‘(b) PROVIDING INTEREST RELIEF.— 
‘‘(1) NO ACCRUAL OF INTEREST.— 
‘‘(A) IN GENERAL.—During the period de-
scribed in subparagraph (D), interest on a Fed-
eral student loan shall not accrue or shall be 
paid by the Secretary (or the Secretary of Health 
and Human Services) during— 
‘‘(i) the repayment period of such loan; 
‘‘(ii) any period excluded from the re-
payment period of such loan (including any 
period of deferment or forbearance); 
‘‘(iii) any period in which the bor-
rower of such loan is in a grace period; or 
‘‘(iv) any period in which the borrower 
of such loan is in default on such loan. 
‘‘(B) DIRECT LOANS AND DEPARTMENT OF 
EDUCATION HELD FFEL AND PERKINS LOANS.— 
For purposes of subparagraph (A), interest shall 
not accrue on a Federal student loan defined in 
section 3502(a)(2)(A).
306 
‘‘(C) FFEL AND PERKINS LOANS NOT HELD 
BY THE DEPARTMENT OF EDUCATION AND HHS 
LOANS.—For purposes of subparagraph (A)— 
‘‘(i) in the case of a Federal student 
loan defined in section 3502(a)(2)(B), the 
Secretary shall pay, on a monthly basis, the 
amount of interest due on the unpaid prin-
cipal of such loan to the holder of such loan, 
except that any payments made under this 
clause shall not affect payment calculations 
under section 438 of the Higher Education 
Act of 1965 (20 U.S.C. 1087–1); and 
‘‘(ii) in the case of a Federal student 
loan defined in section 3502(a)(2)(C), the 
Secretary of Health and Human Services 
shall pay, on a monthly basis, the amount 
of interest due on the unpaid principal of 
such loan to the holder of such loan. 
‘‘(D) PERIOD DESCRIBED.— 
‘‘(i) IN
GENERAL.—The period de-
scribed in this clause is the period begin-
ning on March 13, 2020, and ending on the 
later of— 
‘‘(I) September 30, 2021; or
307 
‘‘(II) the day following the date of 
enactment of the Pandemic Education 
Response Act that is 2 months after the 
national U–5 measure of labor under-
utilization shows initial signs of recov-
ery. 
‘‘(ii) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) NATIONAL U–5 MEASURE OF 
LABOR UNDERUTILIZATION.—The term 
‘national U–5 measure of labor under-
utilization’ means the seasonally-ad-
justed, monthly U–5 measure of labor 
underutilization published by the Bu-
reau of Labor Statistics. 
‘‘(II) INITIAL
SIGNS
OF
RECOV-
ERY.—The term ‘initial signs of recov-
ery’ means that the average national 
U–5 measure of labor underutilization 
for months in the most recent 3-con-
secutive-month period for which data 
are available— 
‘‘(aa) is lower than the high-
est value of the average national 
U–5 measure of labor under-
308 
utilization for a 3-consecutive- 
month period during the period 
beginning in March 2020 and the 
most recent month for which data 
from the Bureau of Labor Statis-
tics are available by an amount 
that is equal to or greater than 
one-third of the difference be-
tween— 
‘‘(AA) the highest value 
of the average national U–5 
measure 
of 
labor 
under-
utilization for a 3-consecu-
tive-month 
period 
during 
such period; and 
‘‘(BB) the value of the 
average national U–5 meas-
ure of labor underutilization 
for the 3-consecutive-month 
period ending in February 
2020; and 
‘‘(bb) has decreased for each 
month during the most recent 2 
consecutive months for which data
309 
from the Bureau of Labor Statis-
tics are available. 
‘‘(E) OTHER DEFINITIONS.—In this para-
graph: 
‘‘(i) DEFAULT.—The term ‘default’— 
‘‘(I) in the case of a Federal stu-
dent loan made, insured, or guaranteed 
under part B or D of the Higher Edu-
cation Act of 1965, has the meaning 
given such term in section 435(l) of the 
Higher Education Act of 1965 (20 
U.S.C. 1085); 
‘‘(II) in the case of a Federal stu-
dent loan made under part E of the 
Higher Education Act of 1965, has the 
meaning given such term in section 
674.2 of title 34, Code of Federal Regu-
lations (or successor regulations); or 
‘‘(III) in the case of a Federal stu-
dent 
loan 
defined 
in 
section 
3502(a)(2)(C), has the meaning given 
such term in section 721 or 835 of the 
Public Health Service Act (42 U.S.C. 
292q, 297a), as applicable.
310 
‘‘(ii) GRACE PERIOD.—The term ‘grace 
period’ means— 
‘‘(I) in the case of a Federal stu-
dent loan made, insured, or guaranteed 
under part B or D of the Higher Edu-
cation Act of 1965, the 6-month period 
after the date the student ceases to 
carry at least one-half the normal full- 
time academic workload, as described 
in section 428(b)(7) of the Higher Edu-
cation 
Act 
of 
1965 
(20 
U.S.C. 
1078(b)(7)); 
‘‘(II) in the case of a Federal stu-
dent loan made under part E of the 
Higher Education Act of 1965, the 9- 
month period after the date on which 
a student ceases to carry at least one- 
half the normal full-time academic 
workload, as described in section 
464(c)(1)(A) of the Higher Education 
Act 
of 
1965 
(20 
U.S.C. 
1087dd(c)(1)(A)); and 
‘‘(III) in the case of a Federal stu-
dent 
loan 
defined 
in 
section 
3502(a)(2)(C), the 1-year period de-
311 
scribed in section 722(c) of the Public 
Health Service Act (42 U.S.C. 292r(c)) 
or the 9-month period described in sec-
tion 836(b)(2) of such Act (42 U.S.C. 
297b(b)(2)), as applicable. 
‘‘(iii) REPAYMENT PERIOD.—The term 
‘repayment period’ means— 
‘‘(I) in the case of a Federal stu-
dent loan made, insured, or guaranteed 
under part B or D of the Higher Edu-
cation Act of 1965, the repayment pe-
riod described in section 428(b)(7) of 
the Higher Education Act of 1965 (20 
U.S.C. 1078(b)(7)); 
‘‘(II) in the case of a Federal stu-
dent loan made under part E of the 
Higher Education Act of 1965, the re-
payment period described in section 
464(c)(4) of the Higher Education Act 
of 1965 (20 U.S.C. 1087dd(c)(4)); or 
‘‘(III) in the case of a Federal stu-
dent 
loan 
defined 
in 
section 
3502(a)(2)(C), the repayment period 
described in section 722(c) or 836(b)(2) 
of the Public Health Service Act (42
312 
U.S.C. 292r(c), 297b(b)(2)), as appli-
cable. 
‘‘(2) INTEREST
REFUND
IN
LIEU
OF
RETRO-
ACTIVE APPLICABILITY.—By not later than 60 days 
after the date of enactment of the Pandemic Edu-
cation Response Act, the Secretary or, as applicable, 
the Secretary of Health and Human Services, shall, 
for each Federal student loan defined in subpara-
graph (B) or (C) of section 3502(a)(2) for which in-
terest was not paid by such Secretary pursuant to 
paragraph (1) during the period beginning on March 
13, 2020 and ending on such date of enactment— 
‘‘(A) determine the amount of interest due 
(or that would have been due in the absence of 
being voluntarily paid by the holder of such 
loan) on such loan during the period beginning 
March 13, 2020, and ending on such date of en-
actment; and 
‘‘(B) refund the amount of interest cal-
culated under subparagraph (A), by— 
‘‘(i) paying the holder of the loan the 
amount of the interest calculated under sub-
paragraph (A), to be applied to the loan 
balance for the borrower of such loan; or
313 
‘‘(ii) if there is no outstanding balance 
or payment due on the loan as of the date 
on which the refund is to be provided, pro-
viding a payment in the amount of the in-
terest calculated under subparagraph (A) 
directly to the borrower. 
‘‘(3) SUSPENSION
OF
INTEREST
CAPITALIZA-
TION.— 
‘‘(A) IN
GENERAL.—With respect to any 
Federal student loan, interest that accrued but 
had not been paid prior to March 13, 2020, and 
had not been capitalized as of such date, shall 
not be capitalized. 
‘‘(B) TRANSITION.—The Secretary or, as 
applicable, the Secretary of Health and Human 
Services, shall ensure that any interest on a Fed-
eral student loan that had been capitalized in 
violation of subparagraph (A) is corrected and 
the balance of principal and interest due for the 
Federal student loan is adjusted accordingly.’’. 
SEC. 134. NOTICE TO BORROWERS. 
Section 3513(g) of division A of the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116–136) 
is amended—
314 
(1) in the matter preceding paragraph (1), by 
striking ‘‘the Secretary’’ and inserting ‘‘the Secretary 
or, as applicable, the Secretary of Health and Human 
Services,’’; 
(2) in paragraph (1)(D), by striking the period 
and inserting a semicolon; 
(3) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘August 1, 2020’’ and inserting 
‘‘August 1, 2021’’; and 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) that— 
‘‘(i) a borrower of a Federal student 
loan made, insured, or guaranteed under 
part B or D of title IV of the Higher Edu-
cation Act of 1965 may be eligible to enroll 
in an income-contingent repayment plan 
under section 455(d)(1)(D) of the Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1087e(d)(1)(D)) or an income-based repay-
ment plan under section 493C of such Act 
(20 U.S.C. 1098e), including a brief de-
scription of such repayment plans; and
315 
‘‘(ii) in the case of a borrower of a 
Federal student loan defined in section 
3502(a)(2)(C) or made under part E of title 
IV of the Higher Education of 1965, the 
borrower may be eligible to enroll in such a 
repayment plan if the borrower consolidates 
such loan with a loan described in clause (i) 
of this subparagraph, and receives a Federal 
Direct Consolidation Loan under part D of 
the Higher Education of 1965 (20 U.S.C. 
1087a et seq.); and’’; and 
(C) by adding at the end the following: 
‘‘(3) in a case in which the accrual of interest 
on Federal student loans is suspended under sub-
section (b)(1) beyond September 30, 2021, during the 
2-month period beginning on the date on which the 
national U–5 measure of labor underutilization shows 
initial signs of recovery (as such terms are defined in 
subsection (b)(1)(D)) carry out a program to provide 
not less than 6 notices by postal mail, telephone, or 
electronic communication to borrowers— 
‘‘(A) indicating when the interest on Fed-
eral student loans of the borrower will resume 
accrual and capitalization; and
316 
‘‘(B) the information described in para-
graph (2)(B).’’. 
SEC. 135. IMPLEMENTATION. 
Section 3513 of division A of the Coronavirus Aid, Re-
lief, and Economic Security Act (Public Law 116–136), as 
amended by this part, is further amended by adding at the 
end the following: 
‘‘(i) IMPLEMENTATION.— 
‘‘(1) INFORMATION VERIFICATION.— 
‘‘(A) IN GENERAL.—To facilitate implemen-
tation of this section, information for the pur-
poses described in subparagraph (B), shall be re-
ported— 
‘‘(i) by the holders of Federal student 
loans defined in section 3502(a)(2)(B) to 
the satisfaction of the Secretary; and 
‘‘(ii) by the holders of Federal student 
loans defined in section 3502(a)(2)(C) to the 
satisfaction of the Secretary of Health and 
Human Services. 
‘‘(B) PURPOSES.—The purposes of the in-
formation reported under subparagraph (A) are 
to—
317 
‘‘(i) verify, at the borrower level, the 
payments that are provided or suspended 
under this section; and 
‘‘(ii) calculate the amount of any in-
terest due to the holder for reimbursement of 
interest under subsection (b). 
‘‘(2) COORDINATION.—The Secretary shall co-
ordinate with the Secretary of Health and Human 
Services to carry out the provisions of this section 
with respect to Federal student loans defined in sec-
tion 3502(a)(2)(C).’’. 
SEC. 136. EFFECTIVE DATE. 
Except as otherwise provided, this part, and the 
amendments made by this part, shall take effect as if en-
acted as part of the Coronavirus Aid, Relief, and Economic 
Security Act (Public Law 116–136). 
PART 2—CONSOLIDATION LOANS AND PUBLIC 
SERVICE LOAN FORGIVENESS 
SEC. 137. SPECIAL RULES RELATING TO FEDERAL DIRECT 
CONSOLIDATION LOANS. 
(a) SPECIAL RULES RELATING TO FEDERAL DIRECT 
CONSOLIDATION LOANS AND PSLF.— 
(1) PUBLIC SERVICE LOAN FORGIVENESS OPTION 
ON CONSOLIDATION APPLICATION.—
318 
(A) IN GENERAL.—During the period de-
scribed in subsection (e), the Secretary shall— 
(i) include, in any application for a 
Federal Direct Consolidation Loan under 
part D of title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1087a et seq,), an 
option for the borrower to indicate that the 
borrower intends to participate in the pub-
lic service loan forgiveness program under 
section 455(m) of such Act (20 U.S.C. 
1087e(m)); and 
(ii) for each borrower who submits an 
application for a Federal Direct Consolida-
tion Loan, without regard to whether the 
borrower indicates the intention described 
in clause (i)— 
(I) request that the borrower sub-
mit a certification of employment; and 
(II) after receiving a complete cer-
tification of employment— 
(aa) carry out the require-
ments of paragraph (2); and 
(bb) inform the borrower of 
the number of qualifying monthly 
payments made on the component
319 
loans before consolidation that 
shall be deemed, in accordance 
with paragraph (2)(D), to be 
qualifying 
monthly 
payments 
made on the Federal Direct Con-
solidation Loan. 
(B) HOLD HARMLESS.—The Secretary may 
not change or otherwise rescind a calculation 
made under paragraph (2)(D) after informing 
the borrower of the results of such calculation 
under subparagraph (A)(ii)(II)(bb). 
(2) PROCESS TO DETERMINE QUALIFYING PAY-
MENTS FOR PURPOSES OF PSLF.—Upon receipt of a 
complete certification of employment under para-
graph (1)(A)(ii)(II) of a borrower who receives a Fed-
eral Direct Consolidation Loan described in para-
graph (1)(A), the Secretary shall— 
(A) review the borrower’s payment history 
to identify each component loan of such Federal 
Direct Consolidation Loan; 
(B) for each such component loan— 
(i) calculate the weighted factor of the 
component loan, which shall be the factor 
that represents the portion of such Federal
320 
Direct Consolidation Loan that is attrib-
utable to such component loan; and 
(ii) determine the number of qualifying 
monthly payments made on such component 
loan before consolidation; 
(C) calculate the number of qualifying 
monthly payments determined under subpara-
graph (B)(ii) with respect to a component loan 
that shall be deemed as qualifying monthly pay-
ments made on the Federal Direct Consolidation 
Loan by multiplying— 
(i) the weighted factor of such compo-
nent loan as determined under subpara-
graph (B)(i), by 
(ii) the number of qualifying monthly 
payments made on such component loan as 
determined under subparagraph (B)(ii); 
and 
(D) calculate the total number of qualifying 
monthly payments with respect to the component 
loans of the Federal Direct Consolidation Loan 
that shall be deemed as qualifying monthly pay-
ments made on such Federal Direct Consolida-
tion Loan by—
321 
(i) adding together the result of each 
calculation made under subparagraph (C) 
with respect to each such component loan; 
and 
(ii) rounding the number determined 
under clause (i) to the nearest whole num-
ber. 
(3) DEFINITIONS.—For purposes of this sub-
section: 
(A) CERTIFICATION OF EMPLOYMENT.—The 
term ‘‘certification of employment’’, used with 
respect to a borrower, means a certification of 
the employment of the borrower in a public serv-
ice job (as defined in section 455(m)(3)(B) of the 
Higher Education Act of 1965) on or after Octo-
ber 1, 2007. 
(B) COMPONENT LOAN.—The term ‘‘compo-
nent loan’’, used with respect to a Federal Direct 
Consolidation Loan, means each loan for which 
the liability has been discharged by the proceeds 
of the Federal Direct Consolidation Loan, 
which— 
(i) may include a loan that is not an 
eligible Federal Direct Loan (as defined in
322 
section 455(m)(3)(A) of the Higher Edu-
cation Act of 1965); and 
(ii) in the case of a subsequent consoli-
dation loan, only includes loans for which 
the liability has been directly discharged by 
such subsequent consolidation loan. 
(C) 
FEDERAL
DIRECT
CONSOLIDATION 
LOAN.—The term ‘‘Federal Direct Consolidation 
Loan’’ means a Federal Direct Consolidation 
Loan made under part D of title IV of the High-
er Education Act of 1965 (20 U.S.C. 1087a et 
seq.). 
(D) QUALIFYING MONTHLY PAYMENT.— 
(i) 
COMPONENT
LOAN.—The 
term 
‘‘qualifying monthly payment’’, used with 
respect to a component loan, means a 
monthly payment on such loan made by a 
borrower, during a period of employment in 
a public service job (as defined in section 
455(m)(3)(B) of the Higher Education Act 
of 1965 (20 U.S.C. 1087e(m)(3)(B)) on or 
after October 1, 2007, pursuant to— 
(I) a repayment plan under part 
B, D, or E of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1071
323 
et seq.; 1087a et seq.; 1087aa et seq.); 
or 
(II) in the case of a loan made 
under subpart II of part A of title VII 
of the Public Health Service Act or 
under part E of title VIII of the Public 
Health Service Act, a repayment plan 
under title VII or VIII of such Act. 
(ii) FEDERAL DIRECT CONSOLIDATION 
LOAN.—The term ‘‘qualifying monthly pay-
ment’’, used with respect to a Federal Di-
rect Consolidation Loan, means a monthly 
payment on such loan that counts as 1 of 
the 120 monthly payments described in sec-
tion 455(m)(1)(A) of the Higher Education 
Act of 1965 (20 U.S.C. 1087e(m)(3)(B)). 
(b) SPECIAL RULES RELATING TO FEDERAL DIRECT 
CONSOLIDATION LOANS AND ICR AND IBR.— 
(1) IN GENERAL.—During the period described 
in subsection (e), with respect to a borrower who re-
ceives a Federal Direct Consolidation Loan and who 
intends to repay such loan under an income-contin-
gent repayment plan under section 455(d)(1)(D) of 
the Higher Education Act of 1965 (20 U.S.C. 
1087e(d)(1)(D)) or an income-based repayment plan
324 
under section 493C of such Act (20 U.S.C. 1098e), the 
Secretary shall— 
(A) review the borrower’s payment history 
to identify each component loan of such Federal 
Direct Consolidation Loan; 
(B) for each such component loan— 
(i) calculate the weighted factor of the 
component loan, which shall be the factor 
that represents the portion of such Federal 
Direct Consolidation Loan that is attrib-
utable to such component loan; and 
(ii) determine the number of qualifying 
monthly payments made on such component 
loan before consolidation; 
(C) calculate the number of qualifying 
monthly payments determined under subpara-
graph (B)(ii) with respect to a component loan 
that shall be deemed as qualifying monthly pay-
ments made on the Federal Direct Consolidation 
Loan by multiplying— 
(i) the weighted factor of such compo-
nent loan as determined under subpara-
graph (B)(i), by 
(ii) the number of qualifying monthly 
payments made on such component loan as
325 
determined under subparagraph (B)(ii); 
and 
(D) calculate and inform the borrower of 
the total number of qualifying monthly pay-
ments with respect to the component loans of the 
Federal Direct Consolidation Loan that shall be 
deemed as qualifying monthly payments made 
on such Federal Direct Consolidation Loan by— 
(i) adding together the result of each 
calculation made under subparagraph (C) 
with respect to each such component loan; 
and 
(ii) rounding the number determined 
under clause (i) to the nearest whole num-
ber. 
(2) HOLD HARMLESS.—The Secretary may not 
change or otherwise rescind a calculation made under 
paragraph (1)(D) after informing the borrower of the 
results of such calculation under such paragraph. 
(3) DEFINITIONS.—In this subsection: 
(A) COMPONENT
LOAN; FEDERAL
DIRECT 
CONSOLIDATION
LOAN.—The terms ‘‘component 
loan’’ and ‘‘Federal Direct Consolidation Loan’’ 
have the meanings given the terms in subsection 
(a).
326 
(B) QUALIFYING PAYMENT.— 
(i) COMPONENT
LOANS.—Subject to 
clause (ii), the term ‘‘qualifying monthly 
payment’’, used with respect to a component 
loan, means a monthly payment on such 
loan made by a borrower pursuant to— 
(I) a repayment plan under part 
B, D, or E of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1071 
et seq., 1087a et seq., 1087aa et seq.); 
or 
(II) in the case of a loan made 
under subpart II of part A of title VII 
of the Public Health Service Act (42 
U.S.C. 292q et seq.) or under part E of 
title VIII of the Public Health Service 
Act (42 U.S.C. 297a et seq.), a repay-
ment plan under title VII or VIII of 
such Act. 
(ii) CLARIFICATION.— 
(I) ICR.—For purposes of deter-
mining the number of qualifying 
monthly payments made on a compo-
nent loan pursuant to an income-con-
tingent repayment plan under section
327 
455(d)(1)(D) of the Higher Education 
Act 
of 
1965 
(20 
U.S.C. 
1087e(d)(1)(D)), each month a bor-
rower is determined to meet the re-
quirements of section 455(e)(7)(B)(i) of 
such Act with respect to such loan shall 
be treated as such a qualifying month-
ly payment. 
(II) IBR.—For purposes of deter-
mining the number of qualifying 
monthly payments made on a compo-
nent loan pursuant to an income-based 
repayment plan under section 493C of 
such Act (20 U.S.C. 1098e), each 
month a borrower was determined to 
meet the requirements of subsection 
(b)(7)(B) of such section 493C with re-
spect to such loan shall be treated as 
such a qualifying monthly payment. 
(iii) FEDERAL DIRECT CONSOLIDATION 
LOANS.—The term ‘‘qualifying monthly 
payment’’, used with respect to a Federal 
Direct Consolidation Loan, means a month-
ly payment on such loan that counts as a 
monthly payment under an income-contin-
328 
gent 
repayment 
plan 
under 
section 
455(d)(1)(D) of the Higher Education Act 
of 1965 (20 U.S.C. 1087e(d)(1)(D)), or an 
income-based repayment plan under section 
493C of the Higher Education Act of 1965 
(20 U.S.C. 1098e). 
(c) NOTIFICATION TO BORROWERS.— 
(1) IN GENERAL.—During the period described 
in subsection (e), the Secretary and the Secretary of 
Health and Human Services shall undertake a cam-
paign to alert borrowers of a loan described in para-
graph (2)— 
(A) on the benefits of consolidating such 
loans into a Federal Direct Consolidation Loan, 
including the benefits of the special rules under 
subsections (a) and (b) of this section; and 
(B) under which servicers and holders of 
Federal student loans shall provide to borrowers 
such consumer information, and in such manner, 
as determined appropriate by the Secretaries, 
based on conducting consumer testing to deter-
mine how to make the information as meaning-
ful to borrowers as possible. 
(2) FEDERAL
STUDENT
LOANS.—A loan de-
scribed in this paragraph is—
329 
(A) a loan made under subpart II of part 
A of title VII of the Public Health Service Act 
or under part E of title VIII of such Act; or 
(B) a loan made under part E of the High-
er Education Act of 1965. 
(d) SPECIAL RULE FOR INTEREST ON FEDERAL DI-
RECT CONSOLIDATION LOANS.—Any Federal Direct Con-
solidation Loan for which the application is received during 
the period described in subsection (e), shall bear interest at 
an annual rate as calculated under section 455(b)(8)(D) of 
the 
Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1087e(b)(8)(D)), without regard to the requirement to 
round the weighted average of the interest rate to the nearest 
higher one-eighth of one percent. 
(e) PERIOD.—The period described in this clause is the 
period beginning on the date of enactment of this Act, and 
ending on the later of— 
(1) September 30, 2021; or 
(2) the day following the date of enactment of 
this Act that is 2 months after the national U–5 
measure of labor underutilization shows initial signs 
of recovery (as such terms are defined in section 
3513(b) of the Coronavirus Aid, Relief, and Economic 
Security Act (Public Law 116–136), as amended by 
this Act)).
330 
(f) GAO STUDY ON IMPLEMENTATION OF SPECIAL 
RULES ON CONSOLIDATION.—Not later than 6 months after 
the date of enactment of this Act, the Comptroller General 
of the United States shall submit a report to the authorizing 
committees (defined in section 103 of the Higher Education 
Act of 1965 (20 U.S.C. 1003) on the implementation of this 
section, which shall include— 
(1) information on borrowers who apply for or 
receive a Federal Direct Consolidation Loan under 
part D of the Higher Education Act of 1965 during 
the period described in subsection (e), disaggregated— 
(A) by borrowers who intend to participate 
in the public service loan forgiveness program 
under section 455(m) of such Act (20 U.S.C. 
1087e(m)); and 
(B) by borrowers who intend to repay such 
loans on an income-contingent repayment plan 
under section 455(d)(1)(D) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or 
an income-based repayment plan under section 
493C of such Act (20 U.S.C. 1098e); 
(2) the extent to which the Secretary has estab-
lished procedures for carrying out subsections (a) and 
(b);
331 
(3) the extent to which the Secretary and the 
Secretary of Health and Human Services have car-
ried out the notification to borrowers required under 
subsection (c); and 
(4) recommendations on improving the imple-
mentation of this section to ensure increased borrower 
participation. 
SEC. 138. TREATMENT OF PSLF. 
(a) EXCEPTION FOR PURPOSES OF PSLF LOAN FOR-
GIVENESS.—Section 455(m)(1)(B) of the Higher Education 
Act of 1965 (20 U.S.C. 1087e(m)(1)(B)) shall apply as if 
clause (i) were struck. 
(b) 
HEALTH
CARE
PRACTITIONER.—In 
section 
455(m)(3)(B)(i) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(m)(3)(B)(i)), the term ‘‘full-time professionals 
engaged in health care practitioner occupations’’ includes 
an individual who— 
(1) has a full-time job as a health care practi-
tioner; 
(2) provides medical services in such full-time 
job at a nonprofit hospital or public hospital or other 
nonprofit or public health care facility; and 
(3) is prohibited by State law from being em-
ployed directly by such hospital or other health care 
facility.
332 
Subtitle D—Protecting Students 
SEC. 141. NOTIFICATIONS AND REPORTING RELATING TO 
HIGHER EDUCATION. 
(a) NOTIFICATION OF NON-CARES ACT FLEXIBILI-
TIES.— 
(1) NOTICE TO CONGRESS.— 
(A) IN GENERAL.—Not later than two days 
before the date on which the Secretary grants a 
flexibility described in paragraph (4), the Sec-
retary shall— 
(i) submit to the authorizing commit-
tees a written notification of the Secretary’s 
intent to grant such flexibility; and 
(ii) publish the notification on a pub-
licly accessible website of the Department of 
Education. 
(B) ELEMENTS.—Each notification under 
subparagraph (A) shall— 
(i) identify the provision of law, regu-
lation, or subregulatory guidance to which 
the flexibility will apply; 
(ii) identify any limitations on the 
flexibility, including any time limits; 
(iii) identify the statutory authority 
under which the flexibility is provided;
333 
(iv) identify the class of covered enti-
ties to which the flexibility will apply; 
(v) identify whether a covered entity 
will need to request the flexibility or wheth-
er the flexibility will be applied without re-
quest; 
(vi) in the case of a flexibility that re-
quires a covered entity to request the flexi-
bility, identify the factors the Secretary will 
consider in approving or denying the flexi-
bility; 
(vii) explain how the flexibility is ex-
pected to benefit the covered entity or class 
of covered entities to which it applies; and 
(viii) explain the reasons the flexibility 
is necessary and appropriate due to 
COVID–19. 
(2) QUARTERLY REPORTS.—Not later than 10 
days after the end of each fiscal quarter for the dura-
tion of the qualifying emergency through the end of 
the first fiscal year beginning after the conclusion of 
such qualifying emergency, the Secretary shall submit 
to the authorizing committees a report that includes, 
with respect to flexibilities described in paragraph (4)
334 
that have been issued by the Secretary in the most re-
cently ended fiscal quarter, the following: 
(A) In the case of a flexibility that was 
issued by the Secretary without request from a 
covered entity, an explanation of all require-
ments, including reporting requirements, that the 
Secretary imposed on the covered entity as a 
condition of the flexibility. 
(B) In the case of a flexibility for which a 
covered entity requested and received specific ap-
proval from the Secretary— 
(i) identification of the covered entity 
that received the flexibility; 
(ii) an explanation of the specific rea-
sons for approval of the request; 
(iii) a detailed description of the terms 
of the flexibility, including— 
(I) a description of any limita-
tions on the flexibility; and 
(II) identification of each provi-
sion of law (including regulation and 
subregulatory guidance) that is waived 
or modified and, for each such provi-
sion, the statutory authority under 
which the flexibility was provided; and
335 
(iv) a copy of the final document 
granting the flexibility. 
(C) In the case of any request for a flexi-
bility that was denied by the Secretary— 
(i) identification of the covered entity 
or entities that were denied a flexibility; 
(ii) a detailed description of the terms 
of the request for the flexibility; and 
(iii) an explanation of the specific rea-
sons for denial of the request. 
(3) REPORT ON FLEXIBILITIES GRANTED BEFORE 
ENACTMENT.—Not later than 30 days after the date 
of enactment of this Act, the Secretary shall submit 
to the authorizing committees a report that— 
(A) identifies each flexibility described in 
paragraph (4) that was granted by the Secretary 
between March 13, 2020, and the date of enact-
ment of this Act; and 
(B) with respect to each such flexibility, 
provides the information specified in paragraph 
(1)(B). 
(4) FLEXIBILITY DESCRIBED.—A flexibility de-
scribed in this paragraph is modification or waiver 
of any provision of the Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.) (including any regulation or
336 
subregulatory guidance issued under such a provi-
sion) that the Secretary determines to be necessary 
and appropriate to modify or waive due to COVID– 
19, other than a provision of the Higher Education 
Act of 1965 that the Secretary is specifically author-
ized to modify or waive pursuant to the CARES Act 
(Public Law 116–136). 
(5) PRIVACY.—The Secretary shall ensure that 
any report or notification submitted under this sub-
section does not reveal personally identifiable infor-
mation about an individual student. 
(6) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to authorize the Sec-
retary to waive or modify any provision of law. 
(b) REPORTS ON EXERCISE OF CARES ACT WAIVERS 
BY INSTITUTIONS OF HIGHER EDUCATION.—Not later than 
30 days after the date of enactment of this Act, each institu-
tion of higher education that exercises an authority pro-
vided under section 3503(b), section 3504, section 3505, sec-
tion 3508(d), section 3509, or section 3517(b) of the CARES 
Act (Public Law 116–136) shall submit to the Secretary 
a report that describes the nature and extent of the institu-
tion’s exercise of such authorities, including the number of 
students and amounts of aid provided under title IV of the
337 
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) af-
fected by the exercise of such authorities, as applicable. 
(c) REPORTS
ON
CHANGES
TO
CONTRACTS
AND 
AGREEMENTS.—Not later than 10 days after the end of each 
fiscal quarter for the duration of the qualifying emergency 
through the end of the first fiscal year beginning after the 
conclusion of such qualifying emergency, the Secretary shall 
submit to the authorizing committees a report that includes, 
for the most recently ended fiscal quarter— 
(1) a summary of all modifications to any con-
tracts with Department of Education contractors re-
lating to Federal student loans, including— 
(A) the contractual provisions that were 
modified; 
(B) the names of all contractors affected by 
the modifications; and 
(C) estimates of any costs or savings result-
ing from the modifications; 
(2) a summary of all amendments, addendums, 
or other modifications to program participation 
agreements with institutions of higher education 
under section 487 of the Higher Education Act of 
1965 (20 U.S.C. 1094), any provisional program par-
ticipation agreements entered into under such section, 
including—
338 
(A) any provisions of such agreements that 
were modified by the Department of Education; 
and 
(B) the number of institutions of higher 
education that received such modifications or en-
tered 
into 
such 
provisional 
agreements, 
disaggregated by— 
(i) status as a four-year, two-year, or 
less-than-two-year public institution, pri-
vate nonprofit institution, or proprietary 
institution; and 
(ii) each category of minority-serving 
institution described in section 371(a) of the 
Higher Education Act (20 U.S.C. 1067q); 
and 
(3) sample copies of program participation 
agreements (including provisional agreements), se-
lected at random from among the agreements de-
scribed in paragraph (2), including at least one 
agreement from each type of institution (whether a 
public institution, private nonprofit institution, or 
proprietary institution) that received a modified or 
provisional agreement. 
(d) REPORT TO CONGRESS.—
339 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall 
submit to the authorizing committees a report that 
includes the following: 
(A) A summary of the reports received by 
the Secretary under subsection (b). 
(B) A description of— 
(i) the Secretary’s use of the authority 
under section 3506 of the CARES Act (Pub-
lic Law 116–136) to adjust subsidized loan 
usage limits, including the total number of 
students and the total amount of subsidized 
loans under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.) 
affected by the Secretary’s use of such au-
thority; 
(ii) the Secretary’s use of the authority 
under section 3507 of the CARES Act (Pub-
lic Law 116–136) to exclude certain periods 
from the Federal Pell Grant duration limit, 
including the total number of students and 
the total amount of Federal Pell Grants 
under section 401 of the Higher Education 
Act of 1965 (20 U.S.C. 1070a) affected by 
the Secretary’s use of such authority; and
340 
(iii) the Secretary’s use of the author-
ity under section 3508 of the CARES Act 
(Public Law 116–136) to waive certain re-
quirements for the return of Federal funds, 
including— 
(I) in the case of waivers issued to 
students under such section, the total 
number of students and the total 
amount of aid under title IV of the 
Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.) affected by the 
Secretary’s use of such authority; and 
(II) in the case of waivers issued 
to institutions of higher education 
under such section, the total number of 
students and the total amount of aid 
under title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1070 et seq.) af-
fected by the Secretary’s use of such 
authority. 
(C) A summary of the information required 
to be reported to the authorizing committees 
under sections 3510 and 3512 of the CARES Act 
(Public Law 116–136), as amended by this Act, 
regardless of whether such information has pre-
341 
viously been reported to such committees as of 
the date of the report under this subsection. 
(D) Information relating to the temporary 
relief for Federal student loan borrowers pro-
vided under section 3513 of the CARES Act 
(Public Law 116–136), including— 
(i) with respect to the notifications re-
quired under subsection (g)(1) of such sec-
tion— 
(I) the total number of individual 
notifications sent to borrowers in ac-
cordance 
with 
such 
subsection, 
disaggregated by electronic, postal, and 
telephonic notifications; 
(II) the total number of notifica-
tions described in clause (i) that were 
sent within the 15-day period specified 
in such subsection; and 
(III) the actual costs to the De-
partment of Education of making the 
notifications under such subsection; 
(ii) the projected costs to the Depart-
ment of Education of making the notifica-
tions required under subsection (g)(2) of 
such section;
342 
(iii) the number of Federal student 
loan borrowers who have affirmatively 
opted-out of payment suspension under sub-
section (a) of such section; 
(iv) the number of individual notifica-
tions sent to employers directing the em-
ployers to halt wage garnishment pursuant 
to 
subsection 
(e) 
of 
such 
section, 
disaggregated by electronic, postal, and tele-
phonic notifications; 
(v) the number of Federal student loan 
borrowers who have had their wages gar-
nished pursuant to section 488A of the 
Higher Education Act of 1965 (20 U.S.C. 
1095a) or section 3720D of title 31, United 
States Code, between March 13, 2020, and 
the date of the date of enactment of this Act; 
(vi) the number of Federal student loan 
borrowers subject to interest capitalization 
as a result of consolidating Federal student 
loans since March 13, 2020, and the total 
amount of such interest capitalization; 
(vii) the average daily call wait times 
and call drop rates, disaggregated by stu-
dent loan servicer, for the period between
343 
March 13, 2020, and the date of enactment 
of this Act; and 
(viii) the estimated or projected sav-
ings to the Department of Education for 
student loan servicing activities for the pe-
riod beginning on March 13, 2020, and 
ending on September 30, 2020, due to lower 
reimbursement or contract costs per account 
for student loan servicers and private collec-
tion agencies resulting from the suspension 
of Federal student loan payments and halt 
to collection activities under the CARES 
Act (Public Law 116–136). 
(E) Information relating to the special rules 
relating to Federal Direct Consolidation Loans 
under section 137 of this Act, including— 
(i) the number of borrowers who sub-
mitted an application for a Federal Direct 
Consolidation Loan; 
(ii) the number of borrowers who re-
ceived a Federal Direct Consolidation Loan; 
and 
(iii) the wait time between submitting 
an application and receiving a Federal Di-
rect Consolidation Loan.
344 
(F) A summary of the information required 
to be reported to the authorizing committees 
under section 3517(c) and section 3518(c) of the 
CARES Act (Public Law 116–136), as amended 
by this Act, regardless of whether such informa-
tion has previously been reported to such com-
mittees as of the date of the report under this 
subsection. 
(G) A copy of any communication from the 
Department of Education to grantees and Fed-
eral student loan borrowers eligible for rights 
and benefits under section 3519 of the CARES 
Act (Public Law 116–136) to inform such grant-
ees and borrowers of their eligibility for such 
rights and benefits. 
(2) DUTY OF HHS.—The Secretary of Health and 
Human Services shall provide to the Secretary of 
Education the information necessary for the Secretary 
of Education to comply with paragraph (1)(D). 
(e) AMENDMENTS TO CARES ACT REPORTING RE-
QUIREMENTS.— 
(1) REPORTING REQUIREMENT FOR HBCU CAP-
ITAL FINANCING LOAN DEFERMENT.—Section 3512(c) 
of the CARES Act (Public Law 116–136) is amended 
by striking the period at the end and inserting ‘‘, the
345 
terms of the loans deferred, and the schedule for re-
payment of the deferred loan amount.’’. 
(2) REPORTING
REQUIREMENT
FOR
INSTITU-
TIONAL AID MODIFICATIONS.—Section 3517(c) of the 
CARES Act (Public Law 116–136) is amended by 
striking the period at the end and inserting ‘‘, identi-
fies the statutory provision waived or modified, and 
describes the terms of the waiver or modification re-
ceived by the institution.’’. 
(3) REPORTING REQUIREMENT FOR GRANT MODI-
FICATIONS.—Section 3518(c) of the CARES Act (Pub-
lic Law 116–136) is amended by striking the period 
at the end and inserting ‘‘and describes the terms of 
the modification received by the institution or other 
grant recipient.’’. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered entity’’ means an institu-
tion of higher education, a Federal contractor, a stu-
dent, or any other entity that is subject to the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.). 
(2) The term ‘‘Federal student loan’’ means a 
loan described in section 3502(a)(2) of the CARES 
Act (Public Law 116–136), as amended by this Act.
346 
SEC. 142. PROTECTING STUDENTS FROM PREDATORY RE-
CRUITMENT. 
(a) UNDERCOVER
AND
AUDIT-BASED
INVESTIGA-
TIONS.—During the covered period, in carrying out the pro-
visions of subpart 3 of part H of title IV of such Act (20 
U.S.C. 1099c et seq.), including paragraphs (1) and (2) of 
section 498A(a) of the Higher Education Act of 1965 (20 
U.S.C. 1099c–1(a)), the Secretary of Education shall— 
(1) conduct regular undercover and audit-based 
investigations for the purpose of encouraging the eth-
ical treatment of students and prospective students 
and detecting fraud and abuse in the Federal student 
aid programs, including— 
(A) violations described in section 487(c)(3) 
of the Higher Education Act of 1965 (20 U.S.C. 
1094(c)(3)); 
(B) violations of section 487(a)(20) of such 
Act (20 U.S.C. 1094(a)(20)); 
(C) violations described in subparagraphs 
(A) and (B) by any entity with which the insti-
tution has contracted for student recruitment or 
admission activities; and 
(D) violations of subsection (b) of this sec-
tion; 
(2) develop written guidelines for the investiga-
tions described in paragraph (1)—
347 
(A) in accordance with commonly-accepted 
practices for undercover operations by Office of 
Inspector General of the Department of Edu-
cation; and 
(B) in consultation with other relevant 
agencies, including the Department of Justice, 
Federal Trade Commission, Consumer Financial 
Protection Bureau, and the Office of Inspector 
General of the Department of Education; 
(3) ensure that institutions found in violation of 
the provisions under paragraph (1) shall be subject to 
a sanction determined by the Secretary of Education 
under section 487(c) of the Higher Education Act of 
1965 (20 U.S.C. 1094(c)); and 
(4) provide to the authorizing committees (as de-
fined in section 103 of the Higher Education Act of 
1965 (20 U.S.C. 1003)), and make available to the 
public, an annual report on— 
(A) the findings of investigations described 
in paragraph (1); and 
(B) the applicable sanctions imposed on in-
stitutions found in violation of the provisions de-
scribed in paragraph (1). 
(b) NOTICE OF INCENTIVE PAYMENT BAN.—During 
the covered period, each institution of higher education par-
348 
ticipating in a program under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.) shall— 
(1) provide notice of the ban on prohibited incen-
tive payment (including commissions and bonuses) 
under section 487(a)(20) of such Act (20 U.S.C. 
1094(a)(20)) (and accompanying regulations) upon 
hiring an employee or entering into a contract with 
a third party contractor, and at least once per cal-
endar year to employees and third-party contractors 
of the institution; and 
(2) publish a clear statement in all internal re-
cruitment materials, including guides or manuals, ac-
knowledging such ban. 
(c) SUNSET.—For purposes of this section, the term 
‘‘covered period’’ means the period beginning on the date 
of enactment of this Act and ending on the date on which 
subpart 3 of part H of title IV of the Higher Education 
(20 U.S.C. 1099c) is amended or repealed. 
TITLE II—IMPACT AID AND MI-
GRANT 
EDUCATION 
CORONAVIRUS RELIEF 
SEC. 201. IMPACT AID. 
Due to the national emergency declared by the Presi-
dent under the National Emergencies Act (50 U.S.C. 1601 
et seq.) on March 13, 2020, with respect to the coronavirus,
349 
and notwithstanding sections 7002(j) and 7003(c) of the El-
ementary and Secondary Education Act of 1965 (20 U.S.C. 
7702(j), 7703(c)), a local educational agency desiring to re-
ceive a payment under section 7002 or 7003 of such Act 
(20 U.S.C. 7702, 7703) for fiscal year 2022 that also sub-
mitted an application for such payment for fiscal year 2021 
shall, in the application submitted under section 7005 of 
such Act (20 U.S.C. 7705) for fiscal year 2022— 
(1) with respect to a requested payment under 
section 7002 of such Act (20 U.S.C. 7702)— 
(A) use the data described in subsection (j) 
of such section 7002 relating to calculating such 
payment that was submitted by the local edu-
cational agency in the application for fiscal year 
2021; or 
(B) use the data relating to calculating such 
payment for the fiscal year required under such 
subsection (j); and 
(2) with respect to a requested payment under 
section 7003 of such Act (20 U.S.C. 7703)— 
(A) use the student count data relating to 
calculating such payment that was submitted by 
the local educational agency in the application 
for fiscal year 2021, except that payments for 
fiscal year 2022 shall be calculated by the Sec-
350 
retary using the expenditures and rates described 
in clauses (i), (ii), (iii), and (iv) of subsection 
(b)(1)(C) of such section 7003 that would other-
wise apply for fiscal year 2022; or 
(B) use the student count data relating to 
calculating such payment for the fiscal year re-
quired under subsection (c) of such section 7003. 
SEC. 202. EDUCATION OF MIGRATORY CHILDREN. 
Due to the national emergency declared by the Presi-
dent under the National Emergencies Act (50 U.S.C. 1601 
et seq.) on March 13, 2020, with respect to the coronavirus, 
and notwithstanding subsections (a)(1) and (f)(1) of section 
1303 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6393), for the purposes of making deter-
minations under subsections (a)(1) and (f) of such section 
1303 for fiscal year 2021 and all subsequent fiscal years 
for which school year 2019–2020 data would be used in the 
calculations under section 1303(a)(1) of such Act (20 U.S.C. 
6393(a)(1)) , the Secretary of Education shall use school 
year 2018–2019 or school year 2019–2020 data, whichever 
data are greater, wherever school year 2019–2020 data oth-
erwise would be required.
351 
TITLE III—CAREER, TECHNICAL, 
AND ADULT EDUCATION 
SEC. 301. DEFINITIONS. 
In this subtitle: 
(1) CORONAVIRUS.—The term ‘‘coronavirus’’ 
means coronavirus as defined in section 506 of the 
Coronavirus Preparedness and Response Supple-
mental Appropriations Act, 2020 (Public Law 116– 
123). 
(2) COVID–19 
NATIONAL
EMERGENCY.—The 
term ‘‘COVID–19 national emergency’’ means the na-
tional emergency declared by the President under the 
National Emergencies Act (50 U.S.C. 1601 et seq.) on 
March 13, 2020, with respect to the coronavirus. 
SEC. 302. COVID–19 CAREER AND TECHNICAL EDUCATION 
RESPONSE FLEXIBILITY. 
(a) POOLING OF FUNDS.—An eligible recipient may, 
in accordance with section 135(c) of the Carl D. Perkins 
Career and Technical Education Act of 2006 (20 U.S.C. 
2355(c)), pool a portion of funds received under such Act 
with a portion of funds received under such Act available 
to one or more eligible recipients to support the transition 
from secondary education to postsecondary education or 
employment for CTE participants whose academic year 
was interrupted by the COVID–19 national emergency.
352 
(b) 
PROFESSIONAL
DEVELOPMENT.—During 
the 
COVID–19 national emergency, section 3(40)(B) of the Carl 
D. Perkins Career and Technical Education Act of 2006 
(20 U.S.C. 2302(40)(B)) shall apply as if ‘‘sustained (not 
stand-alone, 1-day, or short-term workshops), intensive, col-
laborative, job-embedded, data-driven, and classroom-fo-
cused,’’ were struck. 
(c) DEFINITIONS.—Except as otherwise provided, the 
terms in this section have the meanings given the terms in 
section 3 of the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2302). 
SEC. 303. ADULT EDUCATION AND LITERACY RESPONSE AC-
TIVITIES. 
(a) ONLINE SERVICE DELIVERY
OF ADULT EDU-
CATION AND LITERACY ACTIVITIES.—During the COVID– 
19 national emergency, an eligible agency may use funds 
available to such agency under paragraphs (2) and (3) of 
section 222(a) of the Workforce Innovation and Oppor-
tunity Act (20 U.S.C. 3302(a)) for the administrative ex-
penses of the eligible agency related to transitions to online 
service delivery of adult education and literacy activities. 
(b) DEFINITIONS.—Except as otherwise provided, the 
terms in this section have the meanings given the terms in 
section 203 of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3272).
353 
TITLE IV—DISABILITY 
EMPLOYMENT 
SEC. 401. REHABILITATION ACT WAIVERS. 
(a) PROVISIONS ELIGIBLE
FOR WAIVER.—The fol-
lowing provisions of the Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.) are eligible for waivers due to the na-
tional emergency declared by the President under the Na-
tional Emergencies Act (50 U.S.C. 1601 et seq.) on March 
13, 2020, with respect to the coronavirus: 
(1) The Secretary of Education may provide a 
waiver of section 103(b)(1) to allow the replacement 
of expired or spoiled food products at vending facili-
ties. 
(2) The Secretary of Education may provide a 
waiver of the service obligation requirement under 
section 302(b) due to interrupted service obligations. 
(b) DURATION.—A waiver approved by the Secretary 
under subsection (a) shall expire on the earlier of the fol-
lowing dates: 
(1) The date that is 1 year after the date of the 
enactment of this Act. 
(2) The last day of the national emergency re-
ferred to in subsection (a). 
(c) STREAMLINED PROCESS.—The Secretary of Edu-
cation shall create a streamlined application process to re-
354 
quest a waiver under this section, and the Secretary may 
grant such waiver if the Secretary determines that the waiv-
er is necessary and appropriate. 
(d) LIMITATION.—Nothing in this section shall be con-
strued to allow the Secretary to waive any statutory or reg-
ulatory requirements under applicable civil rights laws. 
(e) REPORTING AND PUBLICATION.— 
(1) PUBLIC NOTICE.—A State requesting a waiv-
er under this section shall provide the public notice 
of, and the opportunity to comment on, the request by 
posting on the State website information regarding 
the waiver request and the process for commenting. 
(2) NOTIFYING
CONGRESS.—Not later than 7 
days after— 
(A) receiving a waiver request from a State 
under this section, the Secretary of Education 
shall notify the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, the 
Committee on Appropriations of the Senate, the 
Committee on Education and Labor of the House 
of Representatives, and the Committee on Appro-
priations of the House of Representatives of such 
waiver request; and 
(B) granting a waiver under this section, 
the Secretary of Education shall notify the Com-
355 
mittee on Health, Education, Labor, and Pen-
sions of the Senate, the Committee on Appro-
priations of the Senate, the Committee on Edu-
cation and Labor of the House of Representa-
tives, and the Committee on Appropriations of 
the House of Representatives of such waiver. 
(3) PUBLICATION.—Not later than 30 days after 
granting a waiver under this section, the Secretary of 
Education shall publish a notice of the Secretary’s de-
cision (including which waiver was granted and the 
reason for granting the waiver) in the Federal Reg-
ister and on the website of the Department of Edu-
cation.
356 
DIVISION C—PROTECTION FOR 
FAMILIES AND WORKERS 
TITLE 
I—AMENDMENTS 
TO 
EMERGENCY 
FAMILY 
AND 
MEDICAL LEAVE EXPANSION 
ACT AND EMERGENCY PAID 
SICK LEAVE ACT 
Subtitle A—Emergency Family and 
Medical Leave Expansion Act 
Amendments 
SEC. 101. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2601 et seq.), as amended by the Emer-
gency Family and Medical Leave Expansion Act (Public 
Law 116–127). 
SEC. 102. EMPLOYEE ELIGIBILITY AND EMPLOYER CLARI-
FICATION. 
(a) EMPLOYEE
ELIGIBILITY.—Section 101(2) is 
amended by adding at the end the following: 
‘‘(F) ALTERNATIVE ELIGIBILITY FOR COVID– 
19 PUBLIC HEALTH EMERGENCY .—For the pe-
357 
riod beginning on the date of the enactment of 
The Heroes Act and ending on December 31, 
2022— 
‘‘(i) subparagraph (A)(i) shall be ap-
plied by substituting ‘90 days’ for ‘12 
months’; and 
‘‘(ii) subparagraph (A)(ii) shall not 
apply.’’. 
(b) EMPLOYER CLARIFICATION.—Section 101(4) is 
amended by adding at the end the following: 
‘‘(C) CLARIFICATION.—Subparagraph (A)(i) 
shall not apply with respect to a public agency 
described in subparagraph (A)(iii).’’. 
SEC. 103. EMERGENCY LEAVE EXTENSION. 
Section 102(a)(1)(F) is amended by striking ‘‘Decem-
ber 31, 2020’’ and inserting ‘‘February 28, 2021’’. 
SEC. 104. EMERGENCY LEAVE DEFINITIONS. 
(a) ELIGIBLE
EMPLOYEE.—Section 110(a)(1) is 
amended in subparagraph (A), by striking ‘‘sections 
101(2)(A) and 101(2)(B)(ii)’’ and inserting ‘‘section 
101(2)’’. 
(b) EMPLOYER THRESHOLD.—Section 110(a)(1)(B) is 
amended by striking ‘‘fewer than 500 employees’’ and in-
serting ‘‘1 or more employees’’.
358 
(c) PARENT.—Section 110(a)(1) is amended by adding 
at the end the following: 
‘‘(C) PARENT.—In lieu of the definition in 
section 101(7), the term ‘parent’, with respect to 
an employee, means any of the following: 
‘‘(i) A biological, foster, or adoptive 
parent of the employee. 
‘‘(ii) A stepparent of the employee. 
‘‘(iii) A parent-in-law of the employee. 
‘‘(iv) A parent of a domestic partner of 
the employee. 
‘‘(v) A legal guardian or other person 
who stood in loco parentis to an employee 
when the employee was a child.’’. 
(d) QUALIFYING
NEED
RELATED
TO
A
PUBLIC 
HEALTH EMERGENCY.—Section 110(a)(2)(A) is amended 
to read as follows: 
‘‘(A) QUALIFYING
NEED
RELATED
TO
A 
PUBLIC HEALTH EMERGENCY.—The term ‘quali-
fying need related to a public health emergency’, 
with respect to leave, means that the employee is 
unable to perform the functions of the position of 
such employee due to a need for leave for any of 
the following:
359 
‘‘(i) To self-isolate because the em-
ployee is diagnosed with COVID–19. 
‘‘(ii) To obtain a medical diagnosis or 
care if such employee is experiencing the 
symptoms of COVID–19. 
‘‘(iii) To comply with a recommenda-
tion or order by a public official with juris-
diction or a health care provider to self iso-
late, without regard to whether such rec-
ommendation or order is specific to the em-
ployee, on the basis that the physical pres-
ence of the employee on the job would jeop-
ardize the employee’s health, the health of 
other employees, or the health of an indi-
vidual in the household of the employee be-
cause of— 
‘‘(I) the possible exposure of the 
employee to COVID–19; or 
‘‘(II) exhibition of symptoms of 
COVID–19 by the employee. 
‘‘(iv) To care for or assist a family 
member of the employee, without regard to 
whether another individual other than the 
employee is available to care for or assist 
such family member, because—
360 
‘‘(I) such family member— 
‘‘(aa) is self-isolating because 
such family member has been di-
agnosed with COVID–19; or 
‘‘(bb) is experiencing symp-
toms of COVID–19 and needs to 
obtain medical diagnosis or care; 
or 
‘‘(II) a public official with juris-
diction or a health care provider makes 
a recommendation or order with re-
spect to such family member, without 
regard to whether such determination 
is specific to such family member, that 
the presence of the family member in 
the community would jeopardize the 
health of other individuals in the com-
munity because of— 
‘‘(aa) the possible exposure of 
such family member to COVID– 
19; or 
‘‘(bb) exhibition of symptoms 
of COVID–19 by such family 
member.
361 
‘‘(v) To care for the son or daughter of 
such employee if, due to COVID–19— 
‘‘(I) the child care provider of 
such son or daughter is unavailable; 
‘‘(II) the school or place of care of 
such son or daughter is closed; or 
‘‘(III) the school of such son or 
daughter—- 
‘‘(aa) requires or makes op-
tional a virtual learning instruc-
tion model; or 
‘‘(bb) requires or makes op-
tional a hybrid of in-person and 
virtual learning instruction mod-
els. 
‘‘(vi) To care for a family member who 
is incapable of self-care because of a mental 
or physical disability or is a senior citizen, 
without regard to whether another indi-
vidual other than the employee is available 
to care for such family member, if the place 
of care for such family member is closed or 
the direct care provider is unavailable due 
to COVID–19.’’.
362 
(e) FAMILY MEMBER.—Section 110(a)(2) is amended 
by adding at the end the following: 
‘‘(E) FAMILY MEMBER.—The term ‘family 
member’, with respect to an employee, means 
any of the following: 
‘‘(i) A parent of the employee. 
‘‘(ii) A spouse of the employee. 
‘‘(iii) A sibling of the employee. 
‘‘(iv) Next of kin of the employee or a 
person for whom the employee is next of 
kin. 
‘‘(v) A son or daughter of the employee. 
‘‘(vi) A grandparent or grandchild of 
the employee. 
‘‘(vii) A domestic partner of the em-
ployee. 
‘‘(viii) Any other individual related by 
blood or affinity whose close association 
with the employee is the equivalent of a 
family relationship. 
‘‘(F) DOMESTIC PARTNER.— 
‘‘(i) IN GENERAL.—The term ‘domestic 
partner’, with respect to an individual, 
means another individual with whom the 
individual is in a committed relationship.
363 
‘‘(ii) COMMITTED
RELATIONSHIP
DE-
FINED.—The term ‘committed relationship’ 
means a relationship between 2 individuals, 
each at least 18 years of age, in which each 
individual is the other individual’s sole do-
mestic partner and both individuals share 
responsibility for a significant measure of 
each other’s common welfare. The term in-
cludes any such relationship between 2 indi-
viduals that is granted legal recognition by 
a State or political subdivision of a State 
as a marriage or analogous relationship, 
including a civil union or domestic partner-
ship.’’. 
SEC. 105. REGULATORY AUTHORITIES. 
(a) IN GENERAL.—Section 110(a) is amended by strik-
ing paragraph (3). 
(b) FORCE OR EFFECT OF REGULATIONS.—Any regu-
lation issued under section 110(a)(3), as in effect on the 
day before the date of the enactment of this Act, shall have 
no force or effect. 
SEC. 106. PAID LEAVE. 
Section 110(b) of the Family and Medical Leave Act 
of 1993 is amended—
364 
(1) in the heading, by striking ‘‘Relationship 
to’’; 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) EMPLOYEE ELECTION.— 
‘‘(A) IN GENERAL.—An employee may elect 
to substitute any vacation leave, personal leave, 
or medical or sick leave for paid leave under sec-
tion 102(a)(1)(F) in accordance with section 
102(d)(2)(B). 
‘‘(B) EMPLOYER
REQUIREMENT.—An em-
ployer may not require an employee to substitute 
any leave described in subparagraph (A) for 
leave under section 102(a)(1)(F). 
‘‘(C) RELATIONSHIP TO OTHER FAMILY AND 
MEDICAL LEAVE.—Leave taken under subpara-
graph (F) of section 102(a)(1) shall not count to-
wards the 12 weeks of leave to which an em-
ployee is entitled under subparagraphs (A) 
through (E) of such section. 
‘‘(D) 
RELATIONSHIP
TO
LIMITATION.— 
PRESUMPTION OF ELIGIBILITY FOR for 
any vacation leave, personal leave, or medical or 
sick leave that is substituted for leave under sec-
365 
tion 102(a)(1)(F) shall not count toward the 
limitation under paragraph (2)(B)(ii).’’; and 
(3) in paragraph (2)(A), by striking ‘‘that an 
employee takes’’ and all that follows through ‘‘10 
days’’. 
SEC. 107. WAGE RATE. 
Section 110(b)(2)(B) is amended— 
(1) by amending clause (i)(I) to read as follows: 
‘‘(I) an amount that is not less 
than the greater of— 
‘‘(aa) the minimum wage 
rate in effect under section 6(a)(1) 
of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 206(a)(1)); 
‘‘(bb) the minimum wage 
rate in effect for such employee in 
the applicable State or locality, 
whichever is greater, in which the 
employee is employed; or 
‘‘(cc) two thirds of an em-
ployee’s regular rate of pay (as 
determined under section 7(e) of 
the Fair Labor Standards Act of 
1938 (29 U.S.C. 207(e)); and’’; 
and
366 
(2) in clause (ii), by striking ‘‘$10,000’’ and in-
serting ‘‘$12,000’’. 
SEC. 108. NOTICE. 
Section 110(c) is amended by striking ‘‘for the purpose 
described in subsection (a)(2)(A)’’. 
SEC. 109. INTERMITTENT LEAVE. 
Section 110 is amended by adding at the end the fol-
lowing: 
‘‘(e) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
DUCED
WORK
SCHEDULE.—Leave 
under 
section 
102(a)(1)(F) may be taken by an employee intermittently 
or on a reduced work schedule, without regard to whether 
the employee and the employer of the employee have an 
agreement with respect to whether such leave may be taken 
intermittently or on a reduced work schedule.’’. 
SEC. 110. CERTIFICATION. 
Section 110 is further amended by adding at the end 
the following: 
‘‘(f) CERTIFICATION.— 
‘‘(1) IN GENERAL.—If an employer requires that 
a request for leave under section 102(a)(1)(F) be cer-
tified, the employer may require documentation for 
certification not earlier than 5 weeks after the date on 
which the employee takes such leave.
368 
brid of in-person and virtual learning in-
struction models.’’. 
SEC. 111. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF 
MANAGEMENT AND BUDGET TO EXCLUDE 
CERTAIN EMPLOYEES. 
Section 110(a) is amended by striking paragraph (4). 
SEC. 112. TECHNICAL AMENDMENTS. 
(a) Section 110(a)(1)(A) is amended by striking ‘‘(ii)’’ 
before ‘‘SPECIAL RULE’’ and inserting ‘‘(iii)’’. 
(b) Section 19008 of the CARES Act is amended— 
(1) by striking ‘‘—’’ after ‘‘amended’’; 
(2) by striking paragraph (1); and 
(3) by striking ‘‘(2)’’ before ‘‘by adding at the 
end’’. 
SEC. 113. AMENDMENTS TO THE EMERGENCY FAMILY AND 
MEDICAL LEAVE EXPANSION ACT. 
The Emergency Family and Medical Leave Expansion 
Act (Public Law 116–127) is amended— 
(1) in section 3103(b), by striking ‘‘Employees’’ 
and inserting, ‘‘Notwithstanding section 102(a)(1)(A) 
of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2612(a)(1)(A)), employees’’; and 
(2) by striking sections 3104 and 3105.
369 
Subtitle B—Emergency Paid Sick 
Leave Act Amendments 
SEC. 121. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of division E of the Families First 
Coronavirus Response Act (Public Law 116–127). 
SEC. 122. PAID SICK TIME REQUIREMENT. 
(a) USES.—Section 5102(a) is amended to read as fol-
lows: 
‘‘(a) IN GENERAL.—An employer shall provide to each 
employee employed by the employer paid sick time for any 
qualifying need related to a public health emergency (as 
defined in section 110(a)(2)(A) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2620(a)(2)(A)).’’. 
(b) RECURRENCE.—Section 5102(b) is amended by 
striking ‘‘An’’ and inserting ‘‘During any 12-month period, 
an’’. 
(c) EMPLOYERS WITH EXISTING POLICIES.—Section 
5102 is amended by striking subsection (f) and inserting 
the following:
370 
‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—With re-
spect to an employer that provides paid leave on the day 
before the date of the enactment of this Act— 
‘‘(1) the paid sick time under this Act shall be 
made available to employees of the employer in addi-
tion to such paid leave; and 
‘‘(2) the employer may not change such paid 
leave on or after such date of enactment to avoid 
being subject to paragraph (1).’’. 
(d) INTERMITTENT LEAVE.—Section 5102 is further 
amended by adding at the end the following: 
‘‘(g) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
DUCED WORK SCHEDULE.—Leave under section 5102 may 
be taken by an employee intermittently or on a reduced 
work schedule, without regard to whether the employee and 
the employer of the employee have an agreement with re-
spect to whether such leave may be taken intermittently or 
on a reduced work schedule.’’. 
(e) CERTIFICATION.—Section 5102 is further amended 
by adding at the end the following: 
‘‘(h) CERTIFICATION.—If an employer requires that a 
request for paid sick time under this section be certified— 
‘‘(1) the documentation described in paragraph 
(2) of section 110(f) of the Family and Medical Leave
371 
Act of 1993 (29 U.S.C. 2620(f)) shall be sufficient for 
certification; and 
‘‘(2) an employer may not require such certifi-
cation unless— 
‘‘(A) the employee takes not less than 3 con-
secutive days of paid sick time; and 
‘‘(B) the employer requires documents for 
such certification not earlier than 7 workdays 
after the employee returns to work after such 
paid sick time.’’. 
(f) NOTICE.—Section 5102 is further amended by add-
ing at the end the following: 
‘‘(i) NOTICE.—In any case where the necessity for 
leave under this section is foreseeable, an employee shall 
provide the employer with such notice of leave as is prac-
ticable.’’. 
(g) LEAVE TRANSFER TO NEW EMPLOYER.—Section 
5102 is further amended by adding at the end the following: 
‘‘(j) LEAVE TRANSFER TO NEW EMPLOYER.—A cov-
ered employee who begins employment with a new covered 
employer shall be entitled to the full amount of leave under 
section 5102 with respect to such employer.’’. 
(h) RESTORATION TO POSITION.— 
(1) IN
GENERAL.—Section 5102 is further 
amended by adding at the end the following:
372 
‘‘(k) RESTORATION TO POSITION.—Any covered em-
ployee who takes paid sick time under this section, on re-
turn from such paid sick time, shall be entitled— 
‘‘(1) to be restored by the employer to the posi-
tion of employment held by the employee when the 
leave commenced; or 
‘‘(2) if such position is not available, to be re-
stored to an equivalent position with equivalent em-
ployment benefits, pay, and other terms and condi-
tions of employment.’’. 
(2) ENFORCEMENT.—Section 5105 is amended— 
(A) by amending subsection (a) to read as 
follows: 
‘‘(a) UNPAID SICK LEAVE.—Subject to subsection (b), 
a violation of section 5102 shall be deemed a violation of 
section 7 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 207) and unpaid amounts shall be treated as unpaid 
overtime compensation under such section for the purposes 
of sections 15 and 16 of such Act (29 U.S.C. 215 and 216).’’; 
and 
(B) in subsection (b), by inserting ‘‘section 
5102(k) or’’ before ‘‘section 5104’’. 
SEC. 123. SUNSET. 
Section 5109 is amended by striking ‘‘December 31, 
2020’’ and inserting ‘‘February 28, 2021’’.
373 
SEC. 124. DEFINITIONS. 
(a) EMPLOYER.—Section 5110(2)(B) is amended— 
(1) by striking ‘‘terms’’ and inserting ‘‘term’’; 
(2) by amending subclause (I) of clause (i) to 
read as follows: 
‘‘(I) means any person engaged in 
commerce or in any industry or activ-
ity affecting commerce that employs 1 
or more employees;’’; and 
(3) by amending clause (ii) to read as follows: 
‘‘(ii) PUBLIC AGENCY AND NON-PROFIT 
ORGANIZATIONS.—For purposes of clause 
(i)(III) and (i)(I), a public agency and a 
nonprofit organization shall be considered 
to be a person engaged in commerce or in 
an industry or activity affecting com-
merce.’’. 
(b) FMLA TERMS.—Section 5110(4) is amended to 
read as follows: 
‘‘(4) FMLA TERMS.— 
‘‘(A) SECTION 101.—The terms ‘health care 
provider’, ‘next of kin’, ‘son or daughter’, and 
‘spouse’ have the meanings given such terms in 
section 101 of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611).
374 
‘‘(B) SECTION 110.—The terms ‘child care 
provider’, ‘domestic partner’, ‘family member’, 
‘parent’, and ‘school’ have the meanings given 
such terms in section 110(a)(2) of the Family 
and Medical and Leave Act of 1993.’’. 
(c) PAID SICK TIME.—Section 5110(5) is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘reason de-
scribed in any paragraph of section 2(a)’’ and 
inserting ‘‘qualifying need related to a public 
health emergency’’; and 
(B) in clause (ii), by striking ‘‘exceed’’ and 
all that follows and inserting ‘‘exceed $511 per 
day and $5,110 in the aggregate.’’; 
(2) in subparagraph (B)— 
(A) by striking the following: 
‘‘(B) REQUIRED COMPENSATION.— 
‘‘(i) IN GENERAL.—Subject to subpara-
graph (A)(ii),’’; and inserting the following: 
‘‘(B) REQUIRED
COMPENSATION.—Subject 
to subparagraph (A)(ii),’’; and 
(B) by striking clause (ii); and 
(3) in subparagraph (C), by striking ‘‘ section 
2(a)’’ and inserting ‘‘section 5102(a)’’.
375 
(d) QUALIFYING
NEED
RELATED
TO
A
PUBLIC 
HEALTH EMERGENCY.—Section 5110 is amended by add-
ing at the end the following: 
‘‘(1) QUALIFYING NEED RELATED TO A PUBLIC 
HEALTH EMERGENCY.—The term ‘qualifying need re-
lated to a public health emergency’ has the meaning 
given such term in section 110(a)(2)(A) of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 
2620(a)(2)(A)).’’. 
SEC. 125. EMERGENCY PAID SICK LEAVE FOR EMPLOYEES 
OF THE DEPARTMENT OF VETERANS AFFAIRS 
AND THE TRANSPORTATION SECURITY AD-
MINISTRATION FOR PURPOSES RELATING TO 
COVID–19. 
Section 5110(1) is further amended— 
(1) in subparagraph (E) by striking ‘‘or’’ after 
‘‘Code;’’; 
(2) by redesignating subparagraph (F) as sub-
paragraph (H); and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) notwithstanding sections 7421(a) or 
7425(b) of title 38, United States Code, or any 
other provision of law, an employee of the De-
376 
partment of Veterans Affairs (including employ-
ees under chapter 74 of such title); 
‘‘(G) any employee of the Transportation 
Security Administration, including an employee 
under 111(d) of the Aviation and Transportation 
Security Act (49 U.S.C. 44935 note); or’’. 
SEC. 126. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF 
MANAGEMENT AND BUDGET TO EXCLUDE 
CERTAIN EMPLOYEES. 
Division E is amended by striking section 5112. 
SEC. 127. REGULATORY AUTHORITIES. 
(a) IN GENERAL.—Division E is amended by striking 
section 5111. 
(b) FORCE OR EFFECT OF REGULATIONS.—Any regu-
lation issued under section 5111 of division E of the Fami-
lies First Coronavirus Response Act (Public Law 116–127), 
as in effect on the day before the date of the enactment of 
this Act, shall have no force or effect. 
TITLE 
II—COVID–19 
EVERY 
WORKER PROTECTION ACT OF 
2020 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘COVID–19 Every 
Worker Protection Act of 2020’’.
377 
SEC. 
202. 
EMERGENCY 
TEMPORARY 
AND 
PERMANENT 
STANDARDS. 
(a) EMERGENCY TEMPORARY STANDARD.— 
(1) IN GENERAL.—In consideration of the grave 
danger presented by COVID–19 and the need to 
strengthen protections for employees, not later than 7 
days after the date of the enactment of this Act, the 
Secretary of Labor shall promulgate an emergency 
temporary standard to protect from occupational ex-
posure to SARS–CoV–2— 
(A) employees of health care sector employ-
ers; 
(B) employees of employers in paramedic 
and emergency medical services, including such 
services provided by firefighters and other emer-
gency responders; and 
(C) employees of employers in other sectors 
or occupations, including mortuary services, food 
processing (including poultry, meat, and sea-
food), agriculture and crop harvesting, manufac-
turing, indoor and outdoor construction, correc-
tional centers, jails, and detention centers, trans-
portation (including airports, train stations, 
and bus stations), retail and wholesale grocery, 
warehousing and package and mail processing 
and delivery services, call centers, education, so-
378 
cial service and daycare, homeless shelters, hotels, 
restaurants and bars, drug stores and phar-
macies, and retail establishments. 
(2) CONSULTATION.—In developing the standard 
under this subsection, the Secretary of Labor— 
(A) shall consult with— 
(i) the Director of the Centers for Dis-
ease Control and Prevention; and 
(ii) the Director of the National Insti-
tute for Occupational Safety and Health; 
and 
(B) may consult with the professional asso-
ciations and representatives of the employees de-
scribed in paragraph (1). 
(3) ENFORCEMENT
DISCRETION.—If the Sec-
retary of Labor determines it is not feasible for an 
employer to comply with a requirement of the stand-
ard promulgated under this subsection (such as a 
shortage of the necessary personal protective equip-
ment), the Secretary may exercise discretion in the 
enforcement of such requirement if the employer dem-
onstrates that the employer— 
(A) is exercising due diligence to come into 
compliance with such requirement; and
379 
(B) is implementing alternative methods 
and measures to protect employees. 
(4) EXTENSION OF STANDARD.—Notwithstanding 
paragraphs (2) and (3) of section 6(c) of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
655(c)), the emergency temporary standard promul-
gated under this subsection shall be in effect until the 
date on which the final standard promulgated under 
subsection (b) is in effect. 
(5) STATE PLAN ADOPTION.—With respect to a 
State with a State plan that has been approved by 
the Secretary of Labor under section 18 of the Occu-
pational Safety and Health Act of 1970 (29 U.S.C. 
667), not later than 14 days after the date of the en-
actment of this Act, such State shall promulgate an 
emergency temporary standard that is at least as ef-
fective in protecting from occupational exposure to 
SARS–CoV–2 the employees described in paragraph 
(1) as the emergency temporary standard promul-
gated under this subsection. 
(6) EMPLOYER DEFINED.—For purposes of the 
standard promulgated under this subsection, the term 
‘‘employer’’ (as defined in section 3 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
652)) includes any State or political subdivision of a
380 
State, except for a State or political subdivision of a 
State already subject to the jurisdiction of a State 
plan approved under section 18(b) of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
667(b)). 
(7) REQUIREMENTS.—The standard promulgated 
under this subsection shall include— 
(A) a requirement that any employer of an 
employee in an occupation or sector described in 
paragraph (1)— 
(i) conduct a hazard assessment to as-
sess risks of occupational exposure to 
SARS–CoV–2; 
(ii) develop and implement an expo-
sure control plan, based on the hazard as-
sessment mandated in clause (i), with the 
input and involvement of employees or the 
representatives of employees, as appro-
priate, to address the risk of occupational 
exposure in such sectors and occupations; 
(iii) provide job specific training and 
education to such employees on such stand-
ard, the plan under clause (ii), and preven-
tion of the transmission of SARS–CoV–2;
381 
(iv) implement, as appropriate, engi-
neering 
controls, 
including 
ventilation; 
work practice controls (including physical 
distancing of not less than 6 feet while on 
the job and during paid breaks); and appro-
priate respiratory protection and other per-
sonal protective equipment; 
(v) develop and implement procedures 
for— 
(I) sanitation of the work environ-
ment; 
(II) screening of employees for 
signs and symptoms of COVID–19; 
(III) the return to work for em-
ployees who previously tested positive 
for COVID–19 or who showed signs or 
symptoms of COVID–19; and 
(IV) ensuring that subcontractors 
comply with the procedures under sub-
clauses (I) through (III); and 
(vi) record and report each work-re-
lated COVID–19 infection and death, as set 
forth in part 1904 of title 29, Code of Fed-
eral Regulations (as in effect on the date of 
the enactment of this Act);
382 
(B) no less protection for novel pathogens 
than precautions mandated by standards adopt-
ed by a State plan that has been approved by the 
Secretary of Labor under section 18 of the Occu-
pational Safety and Health Act of 1970 (29 
U.S.C. 667); 
(C) the incorporation, as appropriate, of— 
(i) guidelines issued by the Centers for 
Disease Control and Prevention, the Na-
tional Institute for Occupational Safety and 
Health, and the Occupational Safety and 
Health Administration which are designed 
to prevent the transmission of infectious 
agents in health care or other occupational 
settings; and 
(ii) relevant scientific research on 
novel pathogens; and 
(D) a requirement for each employer to— 
(i) maintain a COVID–19 employee 
infection log, notify its own employees and 
report to the appropriate health department 
of each confirmed positive COVID–19 diag-
nosis of an employee within 24 hours of the 
employer learning of such confirmed posi-
tive diagnosis, whether or not the infection
383 
is work-related, consistent with the con-
fidentiality requirements of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.), the HIPAA privacy regula-
tions (defined in section 1180(b)(3) of the 
Social Security Act (42 U.S.C. 1320d–9(b)) 
and other applicable Federal regulations; 
and 
(ii) report to the Occupational Safety 
and Health Administration any outbreak of 
three or more confirmed positive COVID–19 
diagnoses that have occurred among em-
ployees present at the place of employment 
within a 14-day period, not later than 24 
hours after the employer is made aware of 
such an outbreak. 
(8) INAPPLICABLE PROVISIONS OF LAW AND EX-
ECUTIVE
ORDER.—The following provisions of law 
and Executive orders shall not be applicable with re-
spect to the standard promulgated under this sub-
section: 
(A) The requirements of chapter 6 of title 5, 
United States Code (commonly referred to as the 
‘‘Regulatory Flexibility Act’’).
384 
(B) Subchapter I of chapter 35 of title 44, 
United States Code (commonly referred to as the 
‘‘Paperwork Reduction Act’’). 
(C) The Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1501 et seq.). 
(D) Executive Order 12866 (58 Fed. Reg. 
190; relating to regulatory planning and re-
view), as amended. 
(E) Executive Order 13771 (82 Fed. Reg. 
9339, relating to reducing regulation and con-
trolling regulatory costs). 
(b) PERMANENT
STANDARD.—Not later than 24 
months after the date of the enactment of this Act, the Sec-
retary of Labor shall, pursuant to section 6 of the Occupa-
tional Safety and Health Act (29 U.S.C. 655), promulgate 
a final standard— 
(1) to protect employees described in subsection 
(a)(1) from occupational exposure to infectious patho-
gens, including novel pathogens; and 
(2) that shall be effective and enforceable in the 
same manner and to the same extent as a standard 
promulgated under section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(b)). 
(c) ANTI-RETALIATION.—
385 
(1) POLICY.—Each standard promulgated under 
this section shall require employers to adopt a policy 
prohibiting the discrimination and retaliation de-
scribed in paragraph (2) by any person (including an 
agent of the employer). 
(2) PROHIBITION.—No employer (including an 
agent of the employer) shall discriminate or retaliate 
against an employee for— 
(A) reporting to the employer, to a local, 
State, or Federal government agency, or to the 
media or on a social media platform— 
(i) a violation of a standard promul-
gated pursuant to this Act; 
(ii) a violation of an infectious disease 
exposure control plan described in sub-
section (c)(1); or 
(iii) a good faith concern about a 
workplace infectious disease hazard; 
(B) seeking assistance or intervention from 
the employer or a local, State, or Federal govern-
ment agency with respect to such a report; 
(C) voluntary use of personal protective 
equipment with a higher level of protection than 
is provided by the employer; or
386 
(D) exercising any other right under the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 651 et seq.). 
(3) ENFORCEMENT.—This subsection shall be en-
forced in the same manner and to the same extent as 
any standard promulgated under section 6(b) of the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(b)). 
(d) EFFECT ON OTHER LAWS, REGULATIONS, OR OR-
DERS.— 
(1) IN GENERAL.—Nothing in this Act shall be 
construed to— 
(A) curtail or limit authority of the Sec-
retary under any other provision of law; or 
(B) preempt the application of any other 
statute, regulation, or order of any State or local 
government related to SARS–CoV–2 in the work-
place except to the extent that such provisions 
are inconsistent with this Act, or a standard 
promulgated pursuant to this Act, and in such 
case only to the extent of the inconsistency. 
(2) EQUAL OR GREATER PROTECTION.—A provi-
sion of law, regulation, or order of a State or local 
government shall not be considered inconsistent with 
this Act or standard promulgated under this Act
387 
under paragraph (1)(B) if such provision provides 
equal or greater health or safety protection to an em-
ployee than the protection provided under this Act, an 
Emergency Temporary Standard, or a final standard 
promulgated under this Act. 
SEC. 203. REPORTING, TRACKING, INVESTIGATION AND 
SURVEILLANCE 
OF 
COVID–19 
INFECTIONS 
AND OUTBREAKS. 
The Director of the Centers for Disease Control and 
Prevention, in conjunction with the Director of the National 
Institute for Occupational Safety and Health, in coopera-
tion with State and territorial health departments, shall— 
(1) collect and analyze case reports, including 
information on the work status, occupation, and in-
dustry classification of an individual, and other data 
on COVID–19, to identify and evaluate the extent, 
nature, and source of COVID–19 among employees 
described in section (a)(1); 
(2) compile data and statistics on COVID–19 
among such employees and provide to the public peri-
odic reports on such data and statistics; and 
(3) based on such reports, make recommenda-
tions on needed actions or guidance to protect such 
employees.
388 
TITLE 
III—COVID–19 
PROTEC-
TIONS 
UNDER 
LONGSHORE 
AND HARBOR WORKERS’ COM-
PENSATION ACT 
SEC. 301. COMPENSATION PURSUANT TO THE LONGSHORE 
AND 
HARBOR 
WORKERS’ 
COMPENSATION 
ACT. 
(a) ENTITLEMENT TO COMPENSATION.— 
(1) IN GENERAL.—A covered employee who re-
ceives a diagnosis or is subject to an order described 
in paragraph (2)(B) and who provides notice of or 
files a claim relating to such diagnosis or order under 
section 12 or 13 of the Longshore and Harbor Work-
ers’ Compensation Act (33 U.S.C. 912, 913), respec-
tively, shall— 
(A) be deemed to have an injury arising out 
of or in the course of employment for which com-
pensation is payable under the Longshore and 
Harbor Workers’ Compensation Act (33 U.S.C. 
901 et seq.); and 
(B) be paid the compensation to which the 
employee is entitled under such Act (33 U.S.C. 
901 et seq.). 
(2) COVERED EMPLOYEE.—In this section, the 
term ‘‘covered employee’’ means an employee who—
389 
(A) at any time during the period begin-
ning on January 27, 2020, and ending on Janu-
ary 27, 2022, was engaged in maritime employ-
ment; and 
(B) was— 
(i) at any time during the period be-
ginning on January 27, 2020, and ending 
on February 27, 2022, diagnosed with 
COVID–19; or 
(ii) at any time during the period de-
scribed in subparagraph (A), ordered not to 
return to work by the employee’s employer 
or by a local, State, or Federal agency be-
cause of exposure, or the risk of exposure, to 
1 or more individuals diagnosed with 
COVID–19 in the workplace. 
(b) REIMBURSEMENT.— 
(1) IN GENERAL.— 
(A) ENTITLEMENT.—Subject to subpara-
graph (B), an employer of a covered employee or 
the employer’s carrier shall be entitled to reim-
bursement for any compensation paid with re-
spect to a notice or claim described in subsection 
(a), including disability benefits, funeral and 
burial expenses, medical or other related costs for
390 
treatment and care, and reasonable and nec-
essary allocated claims expenses. 
(B) 
SAFETY
AND
HEALTH
REQUIRE-
MENTS.—To be entitled to reimbursement under 
subparagraph (A)— 
(i) an employer shall be in compliance 
with all applicable safety and health guide-
lines and standards that are related to the 
prevention of occupational exposure to the 
novel coronavirus that causes COVID–19, 
including such guidelines and standards 
issued by the Occupational Safety and 
Health Administration, State plans ap-
proved under section 18 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
667), the Coast Guard, and Federal, State 
or local public health authorities; and 
(ii) a carrier— 
(I) shall be a carrier for an em-
ployer that is in compliance with 
clause (i); and 
(II) shall not adjust the experience 
rating or the annual premium of the 
employer based upon the compensation 
paid by the carrier with respect to a
391 
notice or claim described in subpara-
graph (A). 
(2) REIMBURSEMENT PROCEDURES.—To receive 
reimbursement under paragraph (1)— 
(A) a claim for such reimbursement shall be 
submitted to the Secretary of Labor— 
(i) not later than one year after the 
final payment of compensation to a covered 
employee pursuant to this section; and 
(ii) in the same manner as a claim for 
reimbursement is submitted in accordance 
with part 61 of title 20, Code of Federal 
Regulations (as in effect on the date of the 
enactment of this Act); and 
(B) an employer and the employer’s carrier 
shall make, keep, and preserve such records, 
make such reports, and provide such informa-
tion, as the Secretary of Labor determines nec-
essary or appropriate to carry out this section. 
(c) SPECIAL FUND.— 
(1) IN GENERAL.—A reimbursement under para-
graph (1) shall be paid out of the special fund estab-
lished in section 44 of Longshore and Harbor Work-
ers’ Compensation Act (33 U.S.C. 944).
392 
(2) FUNDING.—There are authorized to be ap-
propriated, and there are appropriated, such funds as 
may be necessary to reimburse the special fund de-
scribed in paragraph (1) for each reimbursement paid 
out of such fund under paragraph (1). 
(d) REPORT.—Not later than 60 days after the end of 
fiscal year 2020, 2021, and 2022, the Secretary of Labor 
shall submit to the Committee on Education and Labor of 
the House of Representatives and the Committee on Health, 
Education, Labor and Pensions of the Senate, an annual 
report enumerating— 
(1) the number of claims filed pursuant to sec-
tion (a)(1); 
(2) of such filed claims— 
(A) the number and types of claims ap-
proved under section 13 of the Longshore and 
Harbor Workers’ Compensation Act (33 U.S.C. 
913); 
(B) the number and types of claims denied 
under such section; 
(C) the number and types of claims pending 
under such section; and 
(3) the amounts and the number of claims for re-
imbursement paid out of the special fund under sub-
393 
section (c)(1) for the fiscal year for which the report 
is being submitted. 
(e) REGULATIONS.—The Secretary of Labor may pro-
mulgate such regulations as may be necessary to carry out 
this section. 
(f) DEFINITIONS.—In this section: 
(1) LHWCA 
TERMS.—The terms ‘‘carrier’’, 
‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 
the meanings given the terms in section 2 of the 
Longshore and Harbor Workers’ Compensation Act 
(33 U.S.C. 902). 
(2) NOVEL
CORONAVIRUS.—The term ‘‘novel 
coronavirus’’ means SARS–CoV–2. 
TITLE IV—WORKER’S COMPENSA-
TION 
FOR 
FEDERAL 
AND 
POSTAL 
EMPLOYEES 
DIAG-
NOSED WITH COVID–19 
SEC. 401. PRESUMPTION OF ELIGIBILITY FOR WORKERS’ 
COMPENSATION BENEFITS FOR FEDERAL EM-
PLOYEES DIAGNOSED WITH COVID–19. 
(a) IN GENERAL.—An employee who is diagnosed with 
COVID–19 during the period described in subsection 
(b)(2)(A) shall, with respect to any claim made by or on 
behalf of the employee for benefits under subchapter I of 
chapter 81 of title 5, United States Code, be deemed to have
394 
an injury proximately caused by exposure to coronavirus 
arising out of the nature of the employee’s employment and 
be presumptively entitled to such benefits, including dis-
ability compensation, medical services, and survivor bene-
fits. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘coronavirus’’ means SARS– CoV– 
2 or another coronavirus with pandemic potential; 
and 
(2) the term ‘‘employee’’— 
(A) means an employee as that term is de-
fined in section 8101(1) of title 5, United States 
Code, (including an employee of the United 
States Postal Service, the Transportation Secu-
rity Administration, or the Department of Vet-
erans Affairs, including any individual ap-
pointed under chapter 73 or 74 of title 38, 
United States Code) employed in the Federal 
service at anytime during the period beginning 
on January 27, 2020, and ending on January 
30, 2022— 
(i) who carried out duties requiring 
contact with patients, members of the pub-
lic, or co-workers; or
395 
(ii) whose duties include a risk of ex-
posure to the coronavirus; and 
(B) does not include any employee otherwise 
covered by subparagraph (A) who is teleworking 
on a full-time basis in the period described in 
such subparagraph prior to a diagnosis with 
COVID–19. 
TITLE V—COVID–19 WORKFORCE 
DEVELOPMENT 
RESPONSE 
ACTIVITIES 
SEC. 501. DEFINITIONS. 
(a) IN GENERAL.—Except as otherwise provided, the 
terms in this title have the meanings given the terms in 
section 3 of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
(b) CORONAVIRUS.—The term ‘‘coronavirus’’ means 
coronavirus as defined in section 506 of the Coronavirus 
Preparedness and Response Supplemental Appropriations 
Act, 2020 (Public Law 116–123). 
(c) COVID–19 NATIONAL
EMERGENCY.—The term 
‘‘COVID–19 national emergency’’ means the national emer-
gency declared by the President under the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, 
with respect to the coronavirus.
396 
(d) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of Labor. 
SEC. 502. JOB CORPS RESPONSE TO THE COVID–19 NA-
TIONAL EMERGENCY. 
In order to provide for the successful continuity of serv-
ices and enrollment periods during the COVID–19 national 
emergency, additional flexibility shall be provided for Job 
Corps operators, providers of eligible activities, and practi-
tioners, including the following: 
(1) ELIGIBILITY.—Notwithstanding the age re-
quirements for enrollment under section 144(a)(1) of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3194(a)(1)), an individual seeking to enroll in 
Job Corps and who turns 25 during the COVID–19 
national emergency is eligible for such enrollment 
during or up to one year after the end of the quali-
fying emergency. 
(2) 
ENROLLMENT
LENGTH.—Notwithstanding 
section 146(b) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3196(b)), an individual en-
rolled in Job Corps during the COVID–19 national 
emergency may extend their period of enrollment for 
more than 2 years as long as such extension does not 
exceed a 2-year, continuous period of enrollment after 
the COVID–19 national emergency.
397 
(3) ADVANCED CAREER TRAINING PROGRAMS.— 
Notwithstanding paragraph (2), with respect to ad-
vanced career training programs under section 148(c) 
of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3198(c)) in which the enrollees may continue 
to participate for a period not to exceed 1 year in ad-
dition to the period of participation to which the en-
rollees would otherwise be limited, the COVID–19 na-
tional emergency shall not be considered as any por-
tion of such additional 1-year participation period. 
(4) COUNSELING, JOB PLACEMENT, AND ASSESS-
MENT.—The counseling, job placement, and assess-
ment services described in section 149 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3199) shall be available to former enrollees— 
(A) whose enrollment was interrupted due 
to the COVID–19 national emergency; 
(B) who graduated from Job Corps on or 
after January 1, 2020; or 
(C) who graduated from Job Corps not later 
than 3 months after the COVID–19 national 
emergency. 
(5) SUPPORT.—The Secretary shall provide ad-
ditional support for the transition periods described 
in section 150 of the Workforce Innovation and Op-
398 
portunity Act (29 U.S.C. 3200), including the fol-
lowing: 
(A) TRANSITION
ALLOWANCES.—The Sec-
retary shall provide, subject to the availability of 
appropriations, for the provision of additional 
transition allowances as described in subsection 
(b) of such section for Job Corps students who 
graduate during the periods described in sub-
paragraph (B) or (C) of paragraph (4). 
(B) TRANSITION SUPPORT.—The Secretary 
shall consider the period during the COVID–19 
national emergency and the three month period 
following the conclusion of the COVID–19 na-
tional emergency as the period in which the pro-
vision of employment services as described in 
subsection (c) of such section shall be provided to 
graduates who have graduated in 2020. 
(6) ENROLLMENT
ELIGIBILITY.—The require-
ments 
described 
in 
sections 
145(a)(2)(A) 
and 
152(b)(2)(B) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3195(a)(2)(A) and 29 U.S.C. 
3202(b)(2)(B)) shall be applicable only for students 
participating onsite or once returning to onsite after 
participating in distance learning.
399 
(7) EFFECTIVELY SUPPORTING DISTANCE LEARN-
ING.—The Secretary shall take such steps necessary to 
modify the agreements required by Sec. 147(a) of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3197(a)(1)) to enable operators and service 
providers to purchase, within the limitations of the 
contract values or established annual budgets for Job 
Corps Centers, any equipment, supplies, and services 
that the operators or service providers determine are 
necessary to facilitate effective virtual learning and to 
protect the health of students and staff on-center dur-
ing the COVID–19 national emergency, including dis-
tance learning technology for students and COVID–19 
testing, and shall allow students to retain permanent 
possession of such equipment and technology without 
financial penalty regardless of their enrollment sta-
tus. 
SEC. 503. MIGRANT AND SEASONAL FARMWORKER PRO-
GRAM RESPONSE. 
During the COVID–19 national emergency, for the 
purposes of section 167(i)(3)(A) of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3222(i)(3)(A)), the term 
‘‘low income individual’’ shall include an individual with 
a total family income equal to or less than 150 percent of 
the poverty line.
400 
SEC. 504. YOUTHBUILD ACTIVITIES RESPONDING TO THE 
COVID–19 NATIONAL EMERGENCY. 
During the COVID–19 national emergency, the Sec-
retary shall provide for flexibility for YouthBuild partici-
pants and entities carrying out YouthBuild programs, in-
cluding the following: 
(1) ELIGIBILITY.—Notwithstanding the age re-
quirements 
for 
enrollment 
under 
section 
171(e)(1)(A)(i) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an indi-
vidual seeking to participate in a YouthBuild pro-
gram and who turns 25 during the COVID–19 na-
tional emergency is eligible for such participation. 
(2) PARTICIPATION
LENGTH.—Notwithstanding 
section 171(e)(2) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3226(e)(2)), the period of 
participation in a YouthBuild program may extend 
beyond 24 months for an individual participating in 
such program during the COVID–19 national emer-
gency, as long as such extension does not exceed a 24 
month, continuous period of enrollment after the 
COVID–19 national emergency. 
SEC. 505. APPRENTICESHIP SUPPORT DURING THE COVID– 
19 NATIONAL EMERGENCY. 
Not later than 30 days after the date of the enactment 
of this Act, the Secretary shall identify and disseminate
401 
strategies and tools to support virtual and online learning 
and training in apprenticeship programs. 
DIVISION D—HUMAN SERVICES 
AND COMMUNITY SUPPORTS 
SEC. 100. SHORT TITLE. 
This division may be cited as the ‘‘Human Services 
and Community Supports Act’’. 
TITLE 
I—STRONGER 
CHILD 
ABUSE 
PREVENTION 
AND 
TREATMENT 
Subtitle A—General Program 
SEC. 101. REPEAL OF FINDINGS. 
Section 2 of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5101 note) is repealed. 
SEC. 102. REPEAL OF ADVISORY BOARD ON CHILD ABUSE 
AND NEGLECT. 
Section 102 of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5102) is repealed. 
SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION 
RELATING TO CHILD ABUSE. 
Section 103 of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5104) is amended— 
(1) in subsection (b)(1), by inserting ‘‘early 
learning programs and’’ after ‘‘including’’; 
(2) in subsection (c)(1)(C)—
402 
(A) in clause (iii), by striking ‘‘and’’ at the 
end; 
(B) in clause (iv), by adding ‘‘and’’ at the 
end; and 
(C) by adding at the end the following: 
‘‘(v) the number of child fatalities and 
near fatalities due to maltreatment, as re-
ported by States in accordance with the 
uniform standards established pursuant to 
subsection (d), and any other relevant infor-
mation related to such fatalities;’’; and 
(3) by adding at the end the following: 
‘‘(d) UNIFORM STANDARDS FOR TRACKING AND RE-
PORTING OF CHILD FATALITIES RESULTING FROM MAL-
TREATMENT.— 
‘‘(1) REGULATIONS REQUIRED.—Not later than 
24 months after the date of the enactment of the 
Human Services and Community Supports Act, the 
Secretary shall develop and issue final regulations es-
tablishing uniform standards for the tracking and re-
porting of child fatalities and near-fatalities resulting 
from maltreatment. As a condition on eligibility for 
receipt of funds under section 106, the standards es-
tablished under this paragraph shall be used by
403 
States for the tracking and reporting of such fatalities 
under subsection (d) of such section. 
‘‘(2) MAINTENANCE
OF
STATE
LAW.—Notwith-
standing the uniform standards developed under 
paragraph (1), a State that defines or describes such 
fatalities for any purpose other than tracking and re-
porting under this subsection may continue to use 
that definition or description for such purpose. 
‘‘(3) NEGOTIATED RULEMAKING.—In developing 
regulations under paragraph (1), the Secretary shall 
submit such regulations to a negotiated rulemaking 
process, which shall include the participants described 
in paragraph (4). 
‘‘(4) PARTICIPANTS
DESCRIBED.—The partici-
pants described in this paragraph are— 
‘‘(A) State and county officials responsible 
for administering the State plans under this Act 
and parts B and E of title IV of the Social Secu-
rity Act (42 U.S.C. 621 et seq., 670 et seq.); 
‘‘(B) child welfare professionals with field 
experience; 
‘‘(C) child welfare researchers; 
‘‘(D) domestic violence researchers; 
‘‘(E) domestic violence professionals; 
‘‘(F) child development professionals;
404 
‘‘(G) mental health professionals; 
‘‘(H) pediatric emergency medicine physi-
cians; 
‘‘(I) child abuse pediatricians, as certified 
by the American Board of Pediatrics, who spe-
cialize in treating victims of child abuse; 
‘‘(J) forensic pathologists; 
‘‘(K) public health administrators; 
‘‘(L) public health researchers; 
‘‘(M) law enforcement; 
‘‘(N) family court judges; 
‘‘(O) prosecutors; 
‘‘(P) medical examiners and coroners; 
‘‘(Q) a representative from the National 
Center for Fatality Review and Prevention; and 
‘‘(R) such other individuals and entities as 
the Secretary determines to be appropriate.’’. 
SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES. 
Section 104 of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5105) is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) TOPICS.—The Secretary shall, in consulta-
tion with other Federal agencies and recognized ex-
405 
perts in the field, carry out a continuing inter-
disciplinary program of research, including longitu-
dinal research, that is designed to provide informa-
tion needed to improve primary prevention of child 
abuse and neglect, better protect children from child 
abuse or neglect, and improve the well-being of vic-
tims of child abuse or neglect, with at least a portion 
of such research being field initiated. Such research 
program may focus on— 
‘‘(A) disseminating evidence-based treat-
ment directed to individuals and families experi-
encing trauma due to child abuse and neglect, 
including efforts to improve the scalability of the 
treatments and programs being researched; 
‘‘(B) developing a set of evidence-based ap-
proaches to support child and family well-being 
and developing ways to identify, relieve, and 
mitigate stressors affecting families in rural, 
urban, and suburban communities; 
‘‘(C) establishing methods to promote racial 
equity in the child welfare system, including a 
focus on how neglect is defined, how services are 
provided, and the unique impact on Native 
American, Alaska Native, and Native Hawaiian 
communities;
406 
‘‘(D) improving service delivery or outcomes 
for child welfare service agencies engaged with 
families experiencing domestic violence, sub-
stance use disorder, or other complex needs; 
‘‘(E) the extent to which the number of un-
substantiated, unfounded, and false reported 
cases of child abuse or neglect have contributed 
to the inability of a State to respond effectively 
to serious cases of child abuse or neglect; 
‘‘(F) the extent to which the lack of ade-
quate resources and the lack of adequate profes-
sional development of individuals required by 
law to report suspected cases of child abuse and 
neglect have contributed to the inability of a 
State to respond effectively to serious cases of 
child abuse and neglect; 
‘‘(G) the extent to which unsubstantiated re-
ports return as more serious cases of child abuse 
or neglect; 
‘‘(H) the incidence and outcomes of child 
abuse and neglect allegations reported within the 
context of divorce, custody, or other family court 
proceedings, and the interaction between family 
courts and the child protective services system;
407 
‘‘(I) the information on the national inci-
dence of child abuse and neglect specified in 
clauses (i) through (xi) of subparagraph (J); and 
‘‘(J) the national incidence of child abuse 
and neglect, including— 
‘‘(i) the extent to which incidents of 
child abuse and neglect are increasing or 
decreasing in number and severity; 
‘‘(ii) the incidence of substantiated and 
unsubstantiated reported child abuse and 
neglect cases; 
‘‘(iii) the number of substantiated cases 
that result in a judicial finding of child 
abuse or neglect or related criminal court 
convictions; 
‘‘(iv) the extent to which the number of 
unsubstantiated, unfounded and false re-
ported cases of child abuse or neglect have 
contributed to the inability of a State to re-
spond effectively to serious cases of child 
abuse or neglect; 
‘‘(v) the extent to which the lack of ade-
quate resources and the lack of adequate 
education of individuals required by law to 
report suspected cases of child abuse and ne-
408 
glect have contributed to the inability of a 
State to respond effectively to serious cases 
of child abuse and neglect; 
‘‘(vi) the number of unsubstantiated, 
false, or unfounded reports that have re-
sulted in a child being placed in substitute 
care, and the duration of such placement; 
‘‘(vii) the extent to which unsubstan-
tiated reports return as more serious cases 
of child abuse or neglect; 
‘‘(viii) the incidence and prevalence of 
physical, sexual, and emotional abuse and 
physical and emotional neglect in substitute 
care; 
‘‘(ix) the incidence and prevalence of 
child maltreatment by a wide array of de-
mographic characteristics such as age, sex, 
race, family structure, household relation-
ship (including the living arrangement of 
the resident parent and family size), school 
enrollment and education attainment, dis-
ability, grandparents as caregivers, labor 
force status, work status in previous year, 
and income in previous year;
409 
‘‘(x) the extent to which reports of sus-
pected or known instances of child abuse or 
neglect involving a potential combination of 
jurisdictions, such as intrastate, interstate, 
Federal-State, and State-Tribal, are being 
screened out solely on the basis of the cross- 
jurisdictional complications; and 
‘‘(xi) the incidence and outcomes of 
child abuse and neglect allegations reported 
within the context of divorce, custody, or 
other family court proceedings, and the 
interaction between family courts and the 
child protective services system.’’; 
(B) in paragraph (2), by striking ‘‘para-
graph (1)(O)’’ and inserting ‘‘paragraph (1)(J)’’; 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) REPORTING REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Not later than 4 years 
after the date of the enactment of the Human 
Services and Community Supports Act, the Sec-
retary shall prepare and submit to the Com-
mittee on Education and Labor of the House of 
Representatives and the Committee on Health, 
Education, Labor and Pensions of the Senate a
410 
report that contains the results of the research 
conducted under paragraph (2). 
‘‘(B) NATIONAL INCIDENCE.—The Secretary 
shall ensure that research conducted, and data 
collected, under paragraph (1)(J) are reported in 
a way that will allow longitudinal comparisons 
as well as comparisons to the national incidence 
studies conducted under this title.’’; and 
(D) by striking the second paragraph (4); 
(2) in subsection (b), by amending paragraph 
(2) to read as follows: 
‘‘(2) AREAS OF EMPHASIS.—Such technical as-
sistance— 
‘‘(A) shall focus on— 
‘‘(i) implementing strategies that can 
leverage 
existing 
community-based 
and 
State funded resources to prevent child 
abuse and neglect and providing education 
for individuals involved in prevention ac-
tivities; 
‘‘(ii) reducing racial bias in child wel-
fare systems, including how such systems 
interact with health, law enforcement, and 
education systems;
411 
‘‘(iii) promoting best practices for fam-
ilies experiencing domestic violence, sub-
stance use disorder, or other complex needs; 
and 
‘‘(iv) providing professional develop-
ment and other technical assistance to child 
welfare agencies to improve the under-
standing of and to help address the effects 
of trauma and adverse childhood experi-
ences in parents and children in contact 
with the child welfare system; and 
‘‘(B) may include the identification of— 
‘‘(i) various methods and procedures 
for the investigation, assessment, and pros-
ecution of child physical and sexual abuse 
cases; 
‘‘(ii) ways to mitigate psychological 
trauma to the child victim; 
‘‘(iii) effective programs carried out by 
the States under titles I and II; and 
‘‘(iv) effective approaches being utilized 
to link child protective service agencies with 
health care, mental health care, and devel-
opmental services and early intervention to 
improve forensic diagnosis and health eval-
412 
uations, and barriers and shortages to such 
linkages.’’; 
(3) in subsection (c), by striking paragraph (3); 
and 
(4) by striking subsection (e). 
SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL 
ORGANIZATIONS, AND PUBLIC OR PRIVATE 
AGENCIES AND ORGANIZATIONS. 
Section 105 of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5106) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraph (7) as 
paragraph (11); 
(B) by striking paragraphs (1) through (6) 
and inserting the following: 
‘‘(1) PREVENTION
SERVICES.—The Secretary 
may award grants under this subsection to entities to 
establish or expand prevention services that reduce 
incidences of child maltreatment and strengthen fami-
lies. 
‘‘(2) TRAUMATIC STRESS.—The Secretary may 
award grants under this subsection to entities to ad-
dress instances of traumatic stress in families due to 
child abuse and neglect, especially for families with
413 
complex needs or families that exhibit high levels of 
adverse childhood experiences. 
‘‘(3) 
PROMOTING
A
HIGH-QUALITY
WORK-
FORCE.—The Secretary may award grants under this 
subsection to entities to carry out programs or strate-
gies that promote a high-quality workforce in the 
child welfare system through–— 
‘‘(A) improvements to recruitment, support, 
or retention efforts; or 
‘‘(B) education for professionals and para-
professionals in the prevention, identification, 
and treatment of child abuse and neglect. 
‘‘(4) IMPROVING COORDINATION.—The Secretary 
may award grants under this subsection to entities to 
carry out activities to improve intrastate coordina-
tion within the child welfare system. Such activities 
may include— 
‘‘(A) aligning information technology sys-
tems; 
‘‘(B) improving information sharing re-
garding child and family referrals; or 
‘‘(C) creating collaborative voluntary part-
nerships among public and private agencies, the 
State’s child protective services, local social serv-
ice agencies, community-based family support
414 
programs, State and local legal agencies, devel-
opmental disability agencies, substance use dis-
order treatment providers, health care providers 
and agencies, domestic violence prevention pro-
grams, mental health services, schools and early 
learning providers, religious entities, and other 
community-based programs. 
‘‘(5) PRIMARY PREVENTION.—The Secretary may 
award grants under this subsection to entities to 
carry out or expand primary prevention programs or 
strategies that address family or community protec-
tive factors. 
‘‘(6) NEGLECT DUE TO ECONOMIC INSECURITY.— 
The Secretary may award grants under this sub-
section to entities to carry out programs or strategies 
that reduce findings of child neglect due in full or in 
part to family economic insecurity. 
‘‘(7) EDUCATION OF MANDATORY REPORTERS.— 
The Secretary may award grants under this sub-
section to entities for projects that involve research- 
based strategies for innovative education of mandated 
child abuse and neglect reporters, and for victims to 
understand mandatory reporting. 
‘‘(8) SENTINEL INJURIES.—The Secretary may 
award grants under this subsection to entities to iden-
415 
tify and test effective practices to improve early detec-
tion and management of injuries indicative of poten-
tial abuse in infants to prevent future cases of child 
abuse and related fatalities. 
‘‘(9) 
INNOVATIVE
PARTNERSHIPS.—The 
Sec-
retary may award grants under this subsection to en-
tities to carry out innovative programs or strategies 
to coordinate the delivery of services to help reduce 
child abuse and neglect via partnerships among 
health, mental health, education (including early 
learning and care programs as appropriate), and 
child welfare agencies and providers. 
‘‘(10) REDUCING
CHILD
ABUSE
AND
NEGLECT 
DUE TO THE SUBSTANCE USE DISORDER OF A PARENT 
OR CAREGIVER.—The Secretary may award grants 
under this subsection to entities to carry out activities 
to reduce child abuse and neglect due to the substance 
use disorder of a parent or caregiver.’’; and 
(C) by adding at the end the following: 
‘‘(12) NATIONAL CHILD ABUSE HOTLINE.— 
‘‘(A) IN
GENERAL.—The Secretary may 
award a grant under this subsection to a non-
profit entity to provide for the ongoing operation 
of a 24-hour, national, toll-free telephone hotline 
to provide information and assistance to youth
416 
victims of child abuse or neglect, parents, care-
givers, mandated reporters, and other concerned 
community members, including through alter-
native modalities for communications (such as 
texting or chat services) with such victims and 
other information seekers. 
‘‘(B) PRIORITY.—In awarding grants de-
scribed in this paragraph, the Secretary shall 
give priority to applicants with experience in 
operating a hotline that provides assistance to 
victims of child abuse, parents, caregivers, and 
mandated reporters. 
‘‘(C) APPLICATION.—To be eligible to re-
ceive a grant described in this paragraph, a non-
profit entity shall submit an application to the 
Secretary that shall— 
‘‘(i) contain such assurances and infor-
mation, be in such form, and be submitted 
in such manner, as the Secretary shall pre-
scribe; 
‘‘(ii) include a complete description of 
the entity’s plan for the operation of a na-
tional child abuse hotline, including de-
scriptions of—
417 
‘‘(I) the professional development 
program for hotline personnel, includ-
ing technology professional develop-
ment to ensure that all persons affili-
ated with the hotline are able to effec-
tively operate any technological sys-
tems used by the hotline; 
‘‘(II) the qualifications for hotline 
personnel; 
‘‘(III) the methods for the cre-
ation, maintenance, and updating of a 
comprehensive list of prevention and 
treatment service providers; 
‘‘(IV) a plan for publicizing the 
availability of the hotline throughout 
the United States; 
‘‘(V) a plan for providing service 
to non-English speaking callers, in-
cluding service through hotline per-
sonnel who have non-English language 
capability; 
‘‘(VI) a plan for facilitating ac-
cess to the hotline and alternative mo-
dality services by persons with hearing 
impairments and disabilities;
418 
‘‘(VII) a plan for providing crisis 
counseling, general assistance, and re-
ferrals to youth victims of child abuse; 
and 
‘‘(VIII) a plan to offer alternative 
services to calling, such as texting or 
live chat; 
‘‘(iii) demonstrate that the entity has 
the capacity and the expertise to maintain 
a child abuse hotline and a comprehensive 
list of service providers; 
‘‘(iv) demonstrate the ability to provide 
information and referrals for contacts, di-
rectly connect contacts to service providers, 
and employ crisis interventions; 
‘‘(v) demonstrate that the entity has a 
commitment to providing services to indi-
viduals in need; and 
‘‘(vi) demonstrate that the entity com-
plies with State privacy laws and has es-
tablished quality assurance practices.’’; and 
(2) by striking subsections (b) and (c) and in-
serting the following:
419 
‘‘(b) GOALS AND PERFORMANCE.—The Secretary shall 
ensure that each entity receiving a grant under this sec-
tion— 
‘‘(1) establishes quantifiable goals for the out-
come of the project funded with the grant; and 
‘‘(2) adequately measures the performance of the 
project relative to such goals. 
‘‘(c) PERFORMANCE REPORT REQUIRED.— 
‘‘(1) IN GENERAL.—Each entity that receives a 
grant under this section shall submit to the Secretary 
a performance report that includes— 
‘‘(A) an evaluation of the effectiveness of the 
project funded with the grant relative to the 
goals established for such project under sub-
section (b)(1); and 
‘‘(B) data supporting such evaluation. 
‘‘(2) SUBMISSION.—The report under paragraph 
(1) shall be submitted to the Secretary at such time, 
in such manner, and containing such information as 
the Secretary may require. 
‘‘(d) CONTINUING GRANTS.—The Secretary may only 
award a continuing grant to an entity under this section 
if such entity submits a performance report required under 
subsection (c) that demonstrates effectiveness of the project 
funded.’’.
420 
SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NE-
GLECT PREVENTION AND TREATMENT PRO-
GRAMS. 
(a) DEVELOPMENT AND OPERATION GRANTS.—Sub-
section (a) of section 106 of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5106a) is amended to read as 
follows: 
‘‘(a) DEVELOPMENT AND OPERATION GRANTS.—The 
Secretary shall make grants to the States, from allotments 
under subsection (f) for each State that applies for a grant 
under this section, for purposes of assisting the States in 
improving and implementing a child protective services sys-
tem that is family-centered, integrates community services, 
and is capable of providing rapid response to high-risk 
cases, by carrying out the following: 
‘‘(1) Conducting the intake, assessment, screen-
ing, and investigation of reports of child abuse or ne-
glect. 
‘‘(2) Ensuring that reports concerning a child’s 
living arrangements or subsistence needs are ad-
dressed through services or benefits and that no child 
is separated from such child’s parent for reasons of 
poverty. 
‘‘(3) Creating and improving the use of multi-
disciplinary teams and interagency, intra-agency, 
interstate, and intrastate protocols to enhance fair in-
421 
vestigations; and improving legal preparation and 
representation. 
‘‘(4) Complying with the assurances in section 
106(b)(2). 
‘‘(5) Establishing State and local networks of 
child and family service providers that support child 
and family well-being, which shall— 
‘‘(A) include child protective services, as 
well as agencies and service providers, that ad-
dress 
family-strengthening, 
parenting 
skills, 
child development, early childhood care and 
learning, child advocacy, public health, mental 
health, substance use disorder treatment, domes-
tic violence, developmental disabilities, housing, 
juvenile justice, elementary and secondary edu-
cation, and child placement; and 
‘‘(B) address instances of child abuse and 
neglect by incorporating evaluations that assess 
the development of a child, including language 
and communication, cognitive, physical, and so-
cial and emotional development, the need for 
mental health services, including trauma-related 
services, trauma-informed care, and parental 
needs.
422 
‘‘(6) Ensuring child protective services is ad-
dressing the safety of children and responding to par-
ent and family needs, which shall include— 
‘‘(A) family-oriented efforts that emphasize 
case assessment and follow up casework focused 
on child safety and child and parent well-being, 
which may include— 
‘‘(i) ensuring parents and children un-
dergo physical and mental health assess-
ments, as appropriate, and ongoing develop-
mental monitoring; 
‘‘(ii) multidisciplinary approaches to 
assessing family needs and connecting the 
family with services, including prevention 
services under section 471 of the Social Se-
curity Act (42 U.S.C. 671); 
‘‘(iii) organizing a treatment team 
with the goal of preventing child abuse and 
neglect, and improving parent and child 
well-being; 
‘‘(iv) case monitoring that supports 
child well-being; and 
‘‘(v) differential response efforts; and 
‘‘(B) establishing and maintaining a rapid 
response system that responds promptly to all re-
423 
ports of child abuse or neglect, with special at-
tention to cases involving children under 3 years 
of age. 
‘‘(7) Educating caseworkers, community service 
providers, attorneys, health care professionals, par-
ents, and others engaged in the prevention, interven-
tion, and treatment of child abuse and neglect, which 
shall include education on— 
‘‘(A) practices that help ensure child safety 
and well-being; 
‘‘(B) approaches to family-oriented preven-
tion, intervention, and treatment of child abuse 
and neglect; 
‘‘(C) early childhood, child, and adolescent 
development, and the impact of adverse child-
hood experiences on such development; 
‘‘(D) the relationship between child abuse 
and domestic violence, and support for non-abus-
ing parents; 
‘‘(E) strategies to work with families im-
pacted by substance use disorder and mental 
health issues (and, when appropriate, be coordi-
nated with prevention efforts funded under sec-
tion 471 of the Social Security Act (42 U.S.C. 
671));
424 
‘‘(F) effective use of multiple services to ad-
dress family and child needs, including needs re-
sulting from trauma; 
‘‘(G) efforts to improve family and child 
well-being; 
‘‘(H) support for child welfare workers af-
fected by secondary trauma; and 
‘‘(I) supporting families and caregivers to 
combat and prevent unsubstantiated, unfounded, 
or false reports, including through education on 
the rights of families and caregivers. 
‘‘(8) Creating or improving data systems that 
allow for— 
‘‘(A) the identification of cases requiring 
prompt responses; 
‘‘(B) real-time case monitoring that tracks 
assessments, service referrals, follow-up, case re-
views, and progress toward parent and child 
goals; and 
‘‘(C) sharing basic identifying data with 
law enforcement, as necessary. 
‘‘(9) Improving the general child protective sys-
tem by developing, improving, and implementing 
safety assessment tools, providing that such tools, pro-
tocols, and systems shall not authorize the separation
425 
of any child from the legal parent or guardian of such 
child solely on the basis of poverty, or without a judi-
cial order, except in the case of imminent harm.’’. 
(b) ELIGIBILITY REQUIREMENTS.— 
(1) STATE
PLAN.—Paragraph (1) of section 
106(b) of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5106a(b)) is amended to read as fol-
lows: 
‘‘(1) STATE PLAN.— 
‘‘(A) IN GENERAL.—To be eligible to receive 
a grant under this section, a State shall submit 
to the Secretary a State plan that— 
‘‘(i) specifies how the grant will be 
used, and the State’s strategic plan, to treat 
child abuse and neglect and enhance com-
munity-based, 
prevention-centered 
ap-
proaches that attempt to prevent child abuse 
and neglect while strengthening and sup-
porting families whenever possible; and 
‘‘(ii) meets the requirements of this 
subsection. 
‘‘(B) COORDINATION AND CONSULTATION.— 
‘‘(i) COORDINATION.—Each State, to 
the maximum extent practicable, shall co-
ordinate its State plan under this sub-
426 
section with its State plan under part B of 
title IV of the Social Security Act (42 
U.S.C. 621 et seq.) relating to child and 
family services and, in States electing to 
provide services under part E of title IV of 
the Social Security Act (42 U.S.C. 670 et 
seq.) relating to foster care prevention serv-
ices, its State plan under such part E. 
‘‘(ii) CONSULTATION.—In developing a 
State plan under this subsection, a State 
shall consult with community-based preven-
tion and service agencies, parents and fami-
lies affected by child abuse or neglect in the 
State, law enforcement, family court judges, 
prosecutors who handle criminal child abuse 
cases, and medical professionals engaged in 
the treatment of child abuse and neglect. 
‘‘(C) 
DURATION
AND
SUBMISSION
OF 
PLAN.—Each State plan shall— 
‘‘(i) be submitted not less than every 5 
years; and 
‘‘(ii) if necessary, revised by the State 
to inform the Secretary of any substantive 
changes, including—
427 
‘‘(I) any changes to State law or 
regulations, relating to the prevention 
of child abuse and neglect that may af-
fect the eligibility of the State under 
this section; or 
‘‘(II) any changes in the State’s 
activities, 
strategies, 
or 
programs 
under this section.’’. 
(2) CONTENTS.—Paragraph (2) of section 106(b) 
of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106a(b)) is amended to read as follows: 
‘‘(2) CONTENTS.—A State plan submitted under 
paragraph (1) shall contain a description of the ac-
tivities that the State will carry out using amounts 
received under the grant to achieve the objectives of 
this title, including— 
‘‘(A) an assurance in the form of a certifi-
cation by the Governor of the State that the 
State has in effect and is enforcing a State law, 
or has in effect and is operating a statewide pro-
gram, relating to child abuse and neglect that in-
cludes— 
‘‘(i) provisions or procedures for an in-
dividual to report known and suspected in-
stances of child abuse and neglect, including
428 
a State law for mandatory reporting by in-
dividuals required to report such instances; 
‘‘(ii) procedures for the immediate 
screening, risk and safety assessment, and 
prompt investigation of such reports of al-
leged abuse and neglect in order to ensure 
the well-being and safety of children; 
‘‘(iii) procedures for immediate steps 
to be taken to ensure and protect the safety 
of a victim of child abuse or neglect and of 
any other child under the same care who 
may also be in danger of child abuse or ne-
glect and ensuring their placement in a safe 
environment; 
‘‘(iv) methods to preserve the confiden-
tiality of all records in order to protect the 
rights of the child and of the child’s parents 
or guardians, including requirements ensur-
ing that reports and records made and 
maintained pursuant to the purposes of this 
Act shall only be made available to— 
‘‘(I) individuals who are the sub-
ject of the report; 
‘‘(II) Federal, State, or local gov-
ernment entities, or any agent of such
429 
entities, as described in clause (xi) of 
this subparagraph; 
‘‘(III) child abuse citizen review 
panels; 
‘‘(IV) child fatality review panels; 
‘‘(V) a grand jury or court, upon 
a finding that information in the 
record is necessary for the determina-
tion of an issue before the court or 
grand jury; and 
‘‘(VI) other entities or classes of 
individuals statutorily authorized by 
the State to receive such information 
pursuant to a legitimate State purpose; 
‘‘(v) provisions and procedures requir-
ing that in every case involving a victim of 
child abuse or neglect which results in a ju-
dicial proceeding, a guardian ad litem, who 
has received education appropriate to the 
role, including education in early childhood, 
child, and adolescent development, and do-
mestic violence, and who may be an attor-
ney or a court appointed special advocate 
who has received education appropriate to 
that role (or both), shall be appointed to
430 
represent the child (who, for purposes of this 
section, shall have any age limit elected by 
the State pursuant to section 475(8)(B)(iii) 
of the Social Security Act (42 U.S.C. 
675(8)(B)(iii)) in such proceedings— 
‘‘(I) to obtain first-hand, a clear 
understanding of the situation and 
needs of such child; and 
‘‘(II) to make recommendations to 
the court concerning the best interests 
of such child; 
‘‘(vi) the establishment of citizen re-
view panels in accordance with subsection 
(c); 
‘‘(vii) provisions and procedures to re-
quire that a representative of the child pro-
tective services agency shall, at the initial 
time of contact with the individual subject 
to a child abuse or neglect investigation, ad-
vise the individual of the complaints or alle-
gations made against the individual, in a 
manner that is consistent with laws pro-
tecting the rights of the informant; 
‘‘(viii) provisions, procedures, and 
mechanisms—
431 
‘‘(I) for the expedited termination 
of parental rights in the case of any 
infant determined to be abandoned 
under State law; and 
‘‘(II) by which individuals who 
disagree with an official finding of 
child abuse or neglect can appeal such 
finding; 
‘‘(ix) provisions addressing the profes-
sional development of representatives of the 
child protective services system regarding 
the legal duties of the representatives, which 
may consist of various methods of inform-
ing such representatives of such duties (in-
cluding providing such education in dif-
ferent languages if necessary), in order to 
protect the legal rights and safety of chil-
dren and their parents and caregivers from 
the initial time of contact during investiga-
tion through treatment; 
‘‘(x) provisions for immunity from 
civil or criminal liability under State and 
local laws and regulations for individuals 
making good faith reports of suspected or 
known instances of child abuse or neglect, or
432 
who otherwise provide information or as-
sistance, including medical evaluations or 
consultations, in connection with a report, 
investigation, or legal intervention pursuant 
to a good faith report of child abuse or ne-
glect; 
‘‘(xi) provisions to require the State to 
disclose confidential information to any 
Federal, State, or local government entity, 
or any agent of such entity, that has a need 
for such information in order to carry out 
its responsibilities under law to protect chil-
dren from child abuse and neglect; 
‘‘(xii) provisions requiring, and proce-
dures in place that facilitate the prompt 
expungement of any records that are acces-
sible to the general public or are used for 
purposes of employment or other back-
ground checks in cases determined to be un-
substantiated or false, except that nothing 
in this section shall prevent State child pro-
tective services agencies from keeping infor-
mation on unsubstantiated reports in their 
casework files to assist in future risk and 
safety assessment;
433 
‘‘(xiii) provisions and procedures for 
requiring 
criminal 
background 
record 
checks that meet the requirements of section 
471(a)(20) of the Social Security Act (42 
U.S.C. 671(a)(20)) for prospective foster 
and adoptive parents and other adult rel-
atives and non-relatives residing in the 
household; 
‘‘(xiv) provisions for systems of tech-
nology that support the State child protec-
tive services system and track reports of 
child abuse and neglect from intake through 
final disposition; 
‘‘(xv) provisions and procedures re-
quiring identification and assessment of all 
reports involving children known or sus-
pected to be victims of sex trafficking (as 
defined in section 103(12) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 
7102 (12)); 
‘‘(xvi) 
provisions, 
procedures, 
and 
mechanisms that assure that the State does 
not require reunification of a surviving 
child with a parent who has been found by 
a court of competent jurisdiction—
434 
‘‘(I) to have committed murder 
(which would have been an offense 
under section 1111(a) of title 18, 
United States Code, if the offense had 
occurred in the special maritime or 
territorial jurisdiction of the United 
States) of another child of such parent; 
‘‘(II) to have committed voluntary 
manslaughter (which would have been 
an offense under section 1112(a) of 
title 18, United States Code, if the of-
fense had occurred in the special mari-
time or territorial jurisdiction of the 
United States) of another child of such 
parent; 
‘‘(III) to have aided or abetted, 
attempted, conspired, or solicited to 
commit such murder or voluntary 
manslaughter; 
‘‘(IV) to have committed a felony 
assault that results in the serious bod-
ily injury to the surviving child or an-
other child of such parent;
435 
‘‘(V) to have committed sexual 
abuse against the surviving child or 
another child of such parent; or 
‘‘(VI) to be required to register 
with a sex offender registry under sec-
tion 113(a) of the Adam Walsh Child 
Protection and Safety Act of 2006 (42 
U.S.C. 16913(a)); and 
‘‘(xvii) an assurance that, upon the 
implementation by the State of the provi-
sions, procedures, and mechanisms under 
clause (xvi), conviction of any one of the 
felonies listed in clause (xvi) constitute 
grounds under State law for the termi-
nation of parental rights of the convicted 
parent as to the surviving children (al-
though 
case-by-case 
determinations 
of 
whether or not to seek termination of paren-
tal rights shall be within the sole discretion 
of the State); 
‘‘(B) an assurance that the State has in 
place procedures for responding to the reporting 
of medical neglect (including instances of with-
holding of medically indicated treatment from 
infants with disabilities who have life-threat-
436 
ening conditions), procedures or programs, or 
both (within the State child protective services 
system), to provide for— 
‘‘(i) coordination and consultation 
with individuals designated by and within 
appropriate health-care facilities; 
‘‘(ii) prompt notification by individ-
uals designated by and within appropriate 
health-care facilities of cases of suspected 
medical neglect (including instances of 
withholding of medically indicated treat-
ment from infants with disabilities who 
have life-threatening conditions); and 
‘‘(iii) authority, under State law, for 
the State child protective services system to 
pursue any legal remedies, including the 
authority to initiate legal proceedings in a 
court of competent jurisdiction, as may be 
necessary to prevent the withholding of 
medically indicated treatment from infants 
with disabilities who have life-threatening 
conditions; 
‘‘(C) an assurance or certification that pro-
grams and education conducted under this title 
address the unique needs of unaccompanied
437 
homeless youth, including access to enrollment 
and support services and that such youth are eli-
gible for under parts B and E of title IV of the 
Social Security Act (42 U.S.C. 621 et seq., 670 
et seq.) and meet the requirements of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C. 
11301 et seq.); and 
‘‘(D) a description of— 
‘‘(i) policies and procedures (including 
appropriate referrals to child welfare service 
systems and for other appropriate services 
(including home visiting services and mu-
tual support and parent partner programs) 
determined by a family assessment) to ad-
dress the needs of infants born with and 
identified as being affected by substance use 
or withdrawal symptoms resulting from 
prenatal drug exposure, or a Fetal Alcohol 
Spectrum Disorder, including a require-
ment that health care providers involved in 
the delivery or care of such infants notify 
the child protective welfare service system of 
the occurrence of such condition in such in-
fants, except that—
438 
‘‘(I) child protective services shall 
undertake an investigation only when 
the findings of a family assessment 
warrant such investigation; and 
‘‘(II) such notification shall not be 
construed to— 
‘‘(aa) establish a definition 
under Federal law of what con-
stitutes child abuse or neglect; or 
‘‘(bb) require prosecution for 
any illegal action; 
‘‘(ii) the development of a multi-dis-
ciplinary plan of safe care for the infant 
born and identified as being affected by sub-
stance use or withdrawal symptoms or a 
Fetal Alcohol Spectrum Disorder to ensure 
the safety and well-being of such infant fol-
lowing release from the care of health care 
providers, including through— 
‘‘(I) using a risk-based approach 
to develop each plan of safe care; 
‘‘(II) addressing, through coordi-
nated service delivery, the health and 
substance use disorder treatment needs 
of the infant and affected family or
439 
caregiver as determined by a family 
assessment; and 
‘‘(III) the development and imple-
mentation by the State of monitoring 
systems regarding the implementation 
of such plans of safe care to determine 
whether and in what manner local en-
tities are providing, in accordance 
with State requirements, referrals to 
and delivery of appropriate services for 
the infant and affected family or care-
giver; 
‘‘(iii) policies and procedures to make 
available to the public on the State website 
the data, findings, and information about 
all cases of child abuse or neglect resulting 
in a child fatality or near fatality, includ-
ing a description of— 
‘‘(I) how the State will not create 
an exception to such public disclosure, 
except in a case in which— 
‘‘(aa) the State would like to 
delay public release of case-spe-
cific findings or information (in-
cluding any previous reports of
440 
domestic violence and subsequent 
actions taken to assess and ad-
dress such reports) while a crimi-
nal investigation or prosecution of 
such a fatality or near fatality is 
pending; 
‘‘(bb) the State is protecting 
the identity of a reporter of child 
abuse or neglect; or 
‘‘(cc) the State is withholding 
identifying information of mem-
bers of the victim’s family who 
are not perpetrators of the fatality 
or near fatality; and 
‘‘(II) how the State will ensure 
that in providing the public disclosure 
required under this clause, the State 
will include— 
‘‘(aa) the cause and cir-
cumstances of the fatality or near 
fatality; 
‘‘(bb) the age and gender of 
the child; and 
‘‘(cc) any previous reports of 
child abuse or neglect investiga-
441 
tions that are relevant to the child 
abuse or neglect that led to the fa-
tality or near fatality; 
‘‘(iv) how the State will use data col-
lected on child abuse or neglect to prevent 
child fatalities and near fatalities; 
‘‘(v) how the State will implement ef-
forts to prevent child fatalities and near fa-
talities; 
‘‘(vi) the cooperation of State law en-
forcement officials, court of competent juris-
diction, and appropriate State agencies 
providing human services in the investiga-
tion, assessment, prosecution, and treatment 
of child abuse and neglect; 
‘‘(vii) the steps the State will take to 
improve the professional development, reten-
tion, and supervision of caseworkers and 
how the State will measure the effectiveness 
of such efforts; 
‘‘(viii) the State’s plan to ensure each 
child under the age of 3 who is involved in 
a substantiated case of child abuse or ne-
glect will be referred to the State’s child find 
system under section 635(a)(5) of the Indi-
442 
viduals with Disabilities Education Act (20 
U.S.C. 1435(a)(5)) in order to determine if 
the child is an infant or toddler with a dis-
ability (as defined in section 632(5) of such 
Act (20 U.S.C. 1432(5))); 
‘‘(ix) the State’s plan to improve, as 
part of a comprehensive State strategy led 
by law enforcement, professional develop-
ment for child protective services workers 
and their appropriate role in identifying, 
assessing, and providing comprehensive 
services for children who are sex trafficking 
victims, in coordination with law enforce-
ment, juvenile justice agencies, runaway 
and homeless youth shelters, and health, 
mental health, and other social service agen-
cies and providers; 
‘‘(x) the services to be provided under 
the grant to individuals, families, or com-
munities, either directly or through refer-
rals, aimed at preventing the occurrence of 
child abuse and neglect; 
‘‘(xi) the State’s efforts to ensure pro-
fessionals who are required to report sus-
pected cases of child abuse and neglect are
443 
aware of their responsibilities under sub-
paragraph (A)(i) and receive professional 
development relating to performing such re-
sponsibilities that is specific to their profes-
sion and workplace; 
‘‘(xii) policies and procedures encour-
aging the appropriate involvement of fami-
lies in decisionmaking pertaining to chil-
dren who experienced child abuse or neglect; 
‘‘(xiii) the State’s efforts to improve 
appropriate collaboration among child pro-
tective services agencies, domestic violence 
services agencies, substance use disorder 
treatment agencies, and other agencies in 
investigations, interventions, and the deliv-
ery of services and treatment provided to 
children and families affected by child abuse 
or neglect, including children exposed to do-
mestic violence, where appropriate; 
‘‘(xiv) policies and procedures regard-
ing the use of differential response, as ap-
plicable, to improve outcomes for children; 
and 
‘‘(xv) the State’s efforts to reduce racial 
bias in its child protective services system.’’.
444 
(3) LIMITATIONS.—Paragraph (3) of section 
106(b) of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5106a(b)) is amended— 
(A) in the paragraph heading, by striking 
‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 
(B) by striking ‘‘With regard to clauses (vi) 
and (vii) of paragraph (2)(B),’’ and inserting 
the following: 
‘‘(A) DISCLOSURE OF CERTAIN IDENTIFYING 
INFORMATION.—With regard to subparagraphs 
(A)(iv) and (D)(iii) of paragraph (2),’’; 
(C) by striking the period at the end and 
inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(B) PUBLIC
ACCESS
TO
COURT
PRO-
CEEDINGS.—Nothing in paragraph (2) shall be 
construed to limit the State’s flexibility to deter-
mine State policies relating to public access to 
court proceedings to determine child abuse and 
neglect, except that such policies shall, at a min-
imum, ensure the safety and well-being of the 
child, parents, and families.’’. 
(4) DEFINITIONS.—Paragraph (4) of section 
106(b) of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5106a(b)) is amended—
445 
(A) in the paragraph heading, by striking 
‘‘DEFINITIONS’’ and inserting ‘‘DEFINITION’’; 
(B) by striking ‘‘this subsection’’ and all 
that follows through ‘‘means an act’’ and insert-
ing the following: ‘‘this subsection, the term ‘near 
fatality’ means an act’’; 
(C) by striking ‘‘; and’’ and inserting a pe-
riod; and 
(D) by striking subparagraph (B). 
(c) CITIZEN REVIEW PANELS.—Section 106(c) of the 
Child Abuse Prevention and Treatment Act (42 U.S.C. 
5106a(c)) is amended— 
(1) in paragraph (1)(B), by striking ‘‘EXCEP-
TIONS.’’ and all that follows through ‘‘A State may’’ 
and inserting ‘‘EXCEPTION.—A State may’’; 
(2) in paragraph (4)(A)— 
(A) in the matter preceding clause (i), by 
striking ‘‘and where appropriate, specific cases,’’; 
and 
(B) in clause (iii)(I), by striking ‘‘foster 
care and adoption programs’’ and inserting ‘‘fos-
ter care, prevention, and permanency pro-
grams’’; and 
(3) by amending the first sentence of paragraph 
(6) to read as follows: ‘‘Each panel established under