[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4322 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4322
To help Americans safely get back to school and back to work, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2020
Mr. Alexander introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To help Americans safely get back to school and back to work, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safely Back to
School and Back to Work Act''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
TITLE I--HEALTH PROVISIONS
Sec. 101. Improving earlier access to diagnostic tests.
Sec. 102. Sustained on-shore manufacturing capacity for public health
emergencies.
Sec. 103. Improving and sustaining State medical stockpiles.
Sec. 104. Strengthening the Strategic National Stockpile.
Sec. 105. Guidance for States and Indian Tribes on accessing the
Strategic National Stockpile.
Sec. 106. Modernizing infectious disease data collection.
Sec. 107. Centers for Public Health Preparedness.
Sec. 108. Telehealth plans.
Sec. 109. Protection of human genetic information.
Sec. 110. Reagan-Udall Foundation and Foundation for the National
Institutes of Health.
TITLE II--EDUCATION PROVISIONS
Sec. 201. Simplifying student loan repayment.
Sec. 202. Emergency education freedom grants.
Sec. 203. Back to Work Child Care grants.
Sec. 204. National emergency educational waivers.
Sec. 205. Waivers for career, technical, and adult education.
Sec. 206. Additional workforce activities.
Sec. 207. Workforce recovery and training services.
Sec. 208. Impact Aid provisions.
Sec. 209. Amendments to education provisions of CARES.
TITLE I--HEALTH PROVISIONS
SEC. 101. IMPROVING EARLIER ACCESS TO DIAGNOSTIC TESTS.
Section 319D of the Public Health Service Act (42 U.S.C. 247d-4) is
amended by adding at the end the following:
``(k) Improving Diagnostic Test, Treatment, and Vaccine Research
and Development.--
``(1) Virus sample access.--Not later than 180 days after
the date of enactment of this subsection, the Secretary shall,
in coordination with the Director of the Centers for Disease
Control and Prevention and the Commissioner of Food and Drugs,
establish and make publicly available policies and procedures
for public and private entities to access samples of specimens
containing infectious disease agents, or suitable surrogates or
alternatives, as appropriate, that may support the development
of products, including the development of diagnostic tests,
treatments, or vaccines, to address emerging infectious
diseases for biomedical research purposes, and for use to
otherwise respond to emerging infectious diseases, as the
Secretary determines appropriate.
``(2) Guidance.--The Secretary shall issue guidance
regarding the procedures for carrying out paragraph (1),
including--
``(A) the method for requesting samples of
specimens containing infectious disease agents;
``(B) criteria for sample availability and use of
suitable surrogates or alternatives, as appropriate;
and
``(C) information required to be provided in order
to receive such samples or suitable surrogates or
alternatives.
``(3) Earlier development of diagnostic tests.--The
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, may contract with public and
private entities, as appropriate, to assist in the immediate
and rapid development, validation, and dissemination of
diagnostic tests, as appropriate, for purposes of
biosurveillance and other immediate public health response
activities to address an emerging infectious disease that has
significant potential to cause a public health emergency.
``(4) Capacity planning for supply needs.--The Secretary,
in coordination with the Commissioner of Food and Drugs and the
Director of the Centers for Disease Control and Prevention,
shall, as appropriate, consult with medical product
manufacturers, suppliers, and other relevant stakeholders, as
appropriate, to--
``(A) identify specific supplies or components
needed, including specimen collection and transport
materials, reagents, or other supplies related to the
development, validation, or administration of a
diagnostic test to detect an infectious disease for
which an emergency use authorization is in effect under
section 564 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-3);
``(B) identify projected demand for and
availability of such supplies and communicate such
information to medical product manufacturers,
suppliers, and other relevant stakeholders during a
public health emergency; and
``(C) support activities to increase the
availability of such supplies or alternative products
that may be appropriately substituted for such supplies
during a public health emergency.''.
SEC. 102. SUSTAINED ON-SHORE MANUFACTURING CAPACITY FOR PUBLIC HEALTH
EMERGENCIES.
(a) In General.--Section 319L of the Public Health Service Act (42
U.S.C. 247d-7e) is amended--
(1) in subsection (a)(6)(B)--
(A) by redesignating clauses (iv) and (v) as
clauses (v) and (vi), respectively;
(B) by inserting after clause (iii), the following:
``(iv) activities to support domestic
manufacturing surge capacity of products or
platform technologies, including manufacturing
capacity and capabilities to utilize platform
technologies to provide for flexible
manufacturing initiatives;''; and
(C) in clause (vi) (as so redesignated), by
inserting ``manufacture,'' after ``improvement,'';
(2) in subsection (b)--
(A) in the first sentence of paragraph (1), by
inserting ``support for domestic manufacturing surge
capacity,'' after ``initiatives for innovation,''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) by redesignating subparagraph (C) as
subparagraph (D); and
(iii) by inserting after subparagraph (B),
the following:
``(C) activities to support manufacturing surge
capacities and capabilities to increase the
availability of existing medical countermeasures and
utilize existing novel platforms to manufacture new
medical countermeasures to meet manufacturing demands
to address threats that pose a significant level of
risk to national security; and'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) promoting domestic manufacturing surge
capacity and capabilities for countermeasure advanced
research and development, including facilitating
contracts to support flexible or surge
manufacturing.'';
(B) in paragraph (4)--
(i) in subparagraph (B)--
(I) in clause (iii), by striking
``and'' at the end;
(II) in clause (iv), by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following:
``(v) support and maintain domestic
manufacturing surge capacity and capabilities,
including through contracts to support flexible
or surge manufacturing, to ensure that
additional production of countermeasures is
available in the event that the Secretary
determines there is such a need for additional
production.'';
(ii) in subparagraph (D)--
(I) in clause (ii), by striking
``and'' at the end;
(II) by redesignating clause (iii)
as clause (iv); and
(III) by inserting after clause
(ii) the following:
``(iii) research to advance manufacturing
capacities and capabilities for medical
countermeasures and platform technologies that
may be utilized for medical countermeasures;
and''; and
(iii) in subparagraph (E), by striking
clause (ix); and
(C) in paragraph (7)(C)(i), by striking ``up to 100
highly qualified individuals, or up to 50 percent of
the total number of employees, whichever is less,'' and
inserting ``75 percent of the total number of
employees'';
(4) in subsection (e)(1)--
(A) by redesignating subparagraphs (B) through (D)
as subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A), the
following:
``(B) Temporary flexibility.--During a public
health emergency under section 319, the Secretary shall
be provided with an additional 60 business days to
comply with information requests for the disclosure of
information under section 552 of title 5, United States
Code, related to the activities under this section
(unless such activities are otherwise exempt under
subparagraph (A)).''; and
(5) in subsection (f)--
(A) in paragraph (1), by striking ``Not later than
180 days after the date of enactment of this
subsection'' and inserting ``Not later than 180 days
after the date of enactment of the Safely Back to
School and Back to Work Act''; and
(B) in paragraph (2), by striking ``Not later than
1 year after the date of enactment of this subsection''
and inserting ``Not later than 1 year after the date of
enactment of the Safely Back to School and Back to Work
Act''.
(b) Medical Countermeasure Innovation Partner.--The restrictions
under section 202 of division A of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94), or any other provision of
law imposing a restriction on salaries of individuals related to a
previous appropriation to the Department of Health and Human Services,
shall not apply with respect to salaries paid pursuant to an agreement
under the medical countermeasure innovation partner program under
section 319L(c)(4)(E) of the Public Health Service Act (42 U.S.C. 247d-
7e(c)(4)(E)).
SEC. 103. IMPROVING AND SUSTAINING STATE MEDICAL STOCKPILES.
Section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b)
is amended by adding at the end the following:
``(i) Improving and Maintaining State Medical Stockpiles.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary for Preparedness and Response, shall award
grants, contracts, or cooperative agreements to eligible
entities to maintain a stockpile of appropriate drugs, vaccines
and other biological products, medical devices, and other
medical supplies (including personal protective equipment,
ancillary medical supplies, and other applicable supplies
required for the administration of drugs, vaccines and other
biological products, medical devices, and diagnostic tests) to
be used during a public health emergency declared by the
Governor of a State or by the Secretary under section 319, or a
major disaster or emergency declared by the President under
section 401 or 501, respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, in order to
support the preparedness goals described in paragraphs (2),
(3), and (8) of section 2802(b).
``(2) Eligible entities.--
``(A) In general.--To be eligible to receive an
award under paragraph (1), an entity shall--
``(i) be a State or consortium of States
that is a recipient of an award under section
319C-1(b); and
``(ii) prepare, in consultation with
appropriate health care providers and health
officials within the State or consortium of
States, and submit to the Secretary an
application that contains such information as
the Secretary may require, including a plan for
the State stockpile and a description of the
activities such entity will carry out under the
agreement, consistent with the requirements of
paragraph (3).
``(B) Limitation.--The Secretary may make an award
under this subsection to not more than one eligible
entity in each State.
``(C) Supplement not supplant.--Awards, contracts,
or grants awarded under this subsection shall
supplement, not supplant, the reserve amounts of
medical supplies procured by and for the Strategic
National Stockpile under subsection (a).
``(D) Administrative expenses.--Not more than 5
percent of amounts received by an entity pursuant to an
award under this subsection may be used for
administrative expenses.
``(E) Clarification.--An eligible entity receiving
an award under this subsection may assign a lead entity
to manage the State stockpile, which may be a recipient
of an award under section 319C-2(b).
``(F) Requirement of matching funds.--
``(i) In general.--Subject to clause (ii),
the Secretary may not make an award under this
subsection unless the applicant agrees, with
respect to the costs to be incurred by the
applicant in carrying out the purpose described
in this subsection, to make available non-
Federal contributions toward such costs in an
amount equal to--
``(I) for each of fiscal years 2023
and 2024, not less than $1 for each $10
of Federal funds provided in the award;
``(II) for each of fiscal years
2025 and 2026, not less than $1 for
each $5 of Federal funds provided in
the award; and
``(III) for fiscal year 2027 and
each fiscal year thereafter, not less
than $1 for each $3 of Federal funds
provided in the award.
``(ii) Waiver.--
``(I) In general.--The Secretary
may, upon the request of a State, waive
the requirement under clause (i) in
whole or in part if the Secretary
determines that extraordinary economic
conditions in the State in the fiscal
year involved or in the previous fiscal
year justify the waiver.
``(II) Applicability of waiver.--A
waiver provided by the Secretary under
this subparagraph shall apply only to
the fiscal year involved.
``(3) Stockpiling activities and requirements.--A recipient
of a grant, contract, or cooperative agreement under this
subsection shall use such funds to carry out the following:
``(A) Maintaining a stockpile of appropriate drugs,
vaccines and other biological products, medical
devices, and other supplies (including personal
protective equipment, ancillary medical supplies, and
other applicable supplies required for the
administration of drugs, vaccines and other biological
products, medical devices, and diagnostic tests) to be
used during a public health emergency in such numbers,
types, and amounts as the State determines necessary,
consistent with such State's stockpile plan. Such a
recipient may not use funds to support the stockpiling
of countermeasures as defined under subsection (c),
unless the eligible entity provides justification for
maintaining such products and the Secretary determines
such appropriate and applicable.
``(B) Deploying the stockpile as required by the
State to respond to an actual or potential public
health emergency.
``(C) Replenishing and making necessary additions
or modifications to the contents of such stockpile or
stockpiles, including to address potential depletion.
``(D) In consultation with Federal, State, and
local officials, take into consideration the
availability, deployment, dispensing, and
administration requirements of medical products within
the stockpile.
``(E) Ensuring that procedures are followed for
inventory management and accounting, and for the
physical security of the stockpile, as appropriate.
``(F) Reviewing and revising, as appropriate, the
contents of the stockpile on a regular basis to ensure
that to the extent practicable, advanced technologies
and medical products are considered.
``(G) Carrying out exercises, drills, and other
training for purposes of stockpile deployment,
dispensing, and administration of medical products, and
for purposes of assessing the capability of such
stockpile to address the medical supply needs of public
health emergencies of varying types and scales, which
may be conducted in accordance with requirements
related to exercises, drills, and other training for
recipients of awards under section 319C-1 or 319C-2, as
applicable.
``(H) Carrying out other activities as the State
determines appropriate, to support State efforts to
prepare for, and respond to, public health threats.
``(4) State plan coordination.--The eligible entity under
this subsection shall ensure appropriate coordination of the
State stockpile plan developed pursuant to paragraph (2)(A)(ii)
and the plans required pursuant to section 319C-1.
``(5) Guidance for states.--Not later than 180 days after
the date of enactment of this subsection, the Secretary, acting
through the Assistant Secretary for Preparedness and Response,
shall issue guidance for States related to maintaining and
replenishing a stockpile of medical products. The Secretary
shall update such guidance as appropriate.
``(6) Assistance to states.--The Secretary shall provide
assistance to States, including technical assistance, as
appropriate, to maintain and improve State and local public
health preparedness capabilities to distribute and dispense
medical products from a State stockpile.
``(7) Coordination with the strategic national stockpile.--
Each recipient of an award under this subsection shall ensure
that the State stockpile plan developed pursuant to paragraph
(2)(A)(ii) contains such information as the Secretary may
require related to current inventory of supplies maintained
pursuant to paragraph (3), and any plans to replenish such
supplies, or procure new or alternative supplies. The Secretary
shall use information obtained from State stockpile plans to
inform the maintenance and management of the Strategic National
Stockpile pursuant to subsection (a).
``(8) Performance and accountability.--
``(A) In general.--The Secretary, acting through
the Assistant Secretary for Preparedness and Response,
shall develop and implement a process to review and
audit entities in receipt of an award under this
subsection, including by establishing metrics to ensure
that each entity receiving such an award is carrying
out activities in accordance with the applicable State
stockpile plan. The Secretary may require entities to--
``(i) measure progress toward achieving the
outcome goals; and
``(ii) at least annually, test, exercise,
and rigorously evaluate the stockpile capacity
and response capabilities of the entity, and
report to the Secretary on the results of such
test, exercise, and evaluation, and on progress
toward achieving outcome goals, based on
criteria established by the Secretary.
``(B) Notification of failure.--The Secretary shall
develop and implement a process to notify entities that
are determined by the Secretary to have failed to meet
the requirements of the terms of an award under this
subsection. Such process shall provide such entities
with the opportunity to correct such noncompliance. An
entity that fails to correct such noncompliance shall
be subject to subparagraph (C).
``(C) Withholding of certain amounts from entities
that fail to achieve benchmarks or submit state
stockpile plan.--Beginning with fiscal year 2022, and
in each succeeding fiscal year, the Secretary shall
withhold from each entity that has failed substantially
to meet the terms of an award under this subsection for
at least 1 of the 2 immediately preceding fiscal years
(beginning with fiscal year 2022), the amount allowed
for administrative expenses described in described in
paragraph (2)(D).
``(9) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated $1,000,000,000 for each of fiscal years 2021
through 2030, to remain available until expended.''.
SEC. 104. STRENGTHENING THE STRATEGIC NATIONAL STOCKPILE.
Section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b)
is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by adding ``and the
contracts issued under paragraph (5)'' after
``paragraph (1)'';
(B) in paragraph (3)(F), by striking ``Secretary of
Homeland Security'' and inserting ``Secretary of Health
and Human Services, in coordination with or at the
request of, the Secretary of Homeland Security,'';
(C) by redesignating paragraph (5) as paragraph
(6);
(D) by inserting after paragraph (4) the following:
``(5) Surge capacity.--The Secretary, in maintaining the
stockpile under paragraph (1) and carrying out procedures under
paragraph (3), may--
``(A) enter into contracts or cooperative
agreements with vendors for procurement, maintenance,
and storage of reserve amounts of drugs, vaccines and
other biological products, medical devices, and other
medical supplies (including personal protective
equipment, ancillary medical supplies, and other
applicable supplies required for the administration of
drugs, vaccines and other biological products, medical
devices, and diagnostic tests in the stockpile), under
such terms and conditions (including quantity,
production schedule, maintenance costs, and price of
product) as the Secretary may specify, including for
purposes of--
``(i) maintenance and storage of reserve
amounts of products intended to be delivered to
the ownership of the Federal Government under
the contract, which may consider costs of
shipping, or otherwise transporting, handling,
storage, and related costs for such product or
products; and
``(ii) maintaining domestic manufacturing
capacity of such products to ensure additional
reserved production capacity of such products
is available, and that such products are
provided in a timely manner, to be delivered to
the ownership of the Federal Government under
the contract and deployed in the event that the
Secretary determines that there is a need to
quickly purchase additional quantities of such
product; and
``(B) promulgate such regulations as the Secretary
determines necessary to implement this paragraph.'';
and
(E) in subparagraph (A) of paragraph (6), as so
redesignated--
(i) in clause (viii), by striking ``; and''
and inserting a semicolon;
(ii) in clause (ix), by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(x) an assessment of the contracts or
cooperative agreements entered into pursuant to
paragraph (5).''; and
(2) in subsection (c)(2)(C), by striking ``on an annual
basis'' and inserting ``not later than March 15 of each year''.
SEC. 105. GUIDANCE FOR STATES AND INDIAN TRIBES ON ACCESSING THE
STRATEGIC NATIONAL STOCKPILE.
Not later than 15 days after the date of enactment of this Act, for
purposes of the public health emergency declared by the Secretary
pursuant to section 319 of the Public Health Service Act on January 31,
2020, with respect to COVID-19, the Secretary of Health and Human
Services shall issue guidance to clarify the processes by which the
Secretary of Health and Human Services provides Federal assistance
through the Strategic National Stockpile under section 319F-2 of the
Public Health Service Act (42 U.S.C. 247d-6b) to States, localities,
territories, and Indian tribes and tribal organizations (as defined
under section 4 of the Indian Self-Determination and Education
Assistance Act). Such guidance shall include information related to
processes by which to request access to medical supplies in the
Strategic National Stockpile and factors considered by the Secretary of
Health and Human Services when making distribution decisions.
SEC. 106. MODERNIZING INFECTIOUS DISEASE DATA COLLECTION.
(a) Improving Infectious Disease Data Collection.--Section 319D of
the Public Health Service Act (42 U.S.C. 247d-4) is amended--
(1) in subsection (c)--
(A) in paragraph (3)(A)(iv), by inserting ``(such
as commercial, academic, and other hospital
laboratories)'' after ``clinical laboratories'';
(B) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``and operating'' and
inserting ``, operating, and
updating'';
(II) in clause (iv), by striking
``and'' at the end;
(III) in clause (v), by striking
the period and inserting ``; and''; and
(IV) by adding at the end the
following:
``(vi) integrate and update applicable
existing Centers for Disease Control and
Prevention data systems and networks in
collaboration with State, local, tribal, and
territorial public health officials, including
public health surveillance and disease
detection systems.''; and
(ii) in subparagraph (B)--
(I) in clause (i), by inserting
``and 60 days after the date of
enactment of the Safely Back to School
and Back to Work Act'' after
``Innovation Act of 2018'';
(II) in clause (ii), by inserting
``epidemiologists, clinical
microbiologists, pathologists and
laboratory experts, experts in health
information technology, privacy, and
data security'' after
``forecasting);''; and
(III) in clause (iii)--
(aa) in subclause (V), by
striking ``and'' at the end;
(bb) in subclause (VI), by
striking the period; and
(cc) by adding at the end
the following:
``(VII) strategies to integrate
laboratory and epidemiology systems and
capabilities to conduct rapid and
accurate laboratory tests;
``(VIII) strategies to improve the
collection and reporting of
appropriate, aggregated, deidentified
demographic data to inform responses to
public health emergencies, including
identification of at-risk populations
and to address health disparities; and
``(IX) strategies to improve the
electronic exchange of health
information between State and local
health departments and health care
providers and facilities to improve
public health surveillance.''; and
(C) in paragraph (6)--
(i) in subparagraph (A)--
(I) in clause (iii)--
(aa) in subclause (III), by
striking ``and'' at the end;
(bb) in subclause (IV), by
inserting ``, including the
ability to conduct and report
on rapid and accurate
laboratory testing during a
public health emergency''
before the semicolon; and
(cc) by adding at the end
the following:
``(V) improve coordination and
collaboration, as appropriate, with
other Federal departments; and
``(VI) implement applicable lessons
learned from recent public health
emergencies to address gaps in
situational awareness and
biosurveillance capabilities, including
an evaluation of ways to improve the
collection and reporting of aggregated,
deidentified demographic data to inform
public health preparedness and
response'';
(II) in clause (iv), by striking
``and'' at the end;
(III) in clause (v), by striking
the period and inserting ``including a
description of how such steps will
further the goal of improving awareness
of and timely responses to emerging
infectious disease threats; and''; and
(IV) by adding at the end the
following:
``(vi) identifies and demonstrates
measurable steps the Secretary will take to
further develop and integrate infectious
disease detection, including expanding
capabilities to conduct rapid and accurate
diagnostic laboratory testing during a public
health emergency, and improve coordination and
collaboration with State, local, Tribal, and
territorial public health officials, clinical
laboratories (including commercial, hospital
and academic laboratories), and other entities
with expertise in public health
surveillance.''; and
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A),
the following:
``(B) Reports.--
``(i) In general.--Not later than 1 month
after date of enactment of the Safely Back to
School and Back to Work Act, and as provided
for in clause (ii), the Secretary shall submit
to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on
Energy and Commerce of the House of
Representatives, a report on the status of the
Department of Health and Human Services'
biosurveillance modernization and assessment
progress with respect to emerging infectious
disease threats.
``(ii) Additional reports.--During the 2-
year period beginning on the date of enactment
of the Safely Back to School and Back to Work
Act, the Secretary shall provide additional
reports under clause (i) every 90 days after
the submission of the initial report under such
clause. The Secretary shall provide such
reports annually thereafter. The Secretary may
provide such additional reports less
frequently, but not less frequently than every
180 days, during an ongoing public health
emergency or another significant infectious
disease outbreak.'';
(2) in subsection (d)--
(A) in paragraph (2)(C), by inserting ``, including
any public-private partnerships entered into to improve
such capacity'' before the semicolon; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) may establish, enhance, or maintain a system
or network for the collection of data to provide for
early detection of infectious disease outbreaks, near
real-time access to relevant electronic data and
integration of electronic data and information from
public health and other appropriate sources, such as
laboratories, hospitals, and epidemiology systems, to
enhance the capability to conduct rapid and accurate
diagnostic laboratory tests to provide for disease
detection.'';
(3) in subsection (f)(1)(A), by inserting ``pathologists,
clinical microbiologists, laboratory professionals,
epidemiologists,'' after ``forecasting),''; and
(4) in subsection (h), by adding at the end the following:
``Such evaluation shall include identification of any gaps in
biosurveillance and situational awareness capabilities
identified related to recent public health emergencies, any
immediate steps taken to address such gaps, and any long-term
plans to address such gaps, including steps related to
activities authorized under this section.''.
(b) National Health Security Strategy.--Section 2802(b)(2) of the
Public Health Service Act (42 U.S.C. 300hh-1(b)(2)) is amended--
(1) in subparagraph (A), by inserting ``such as by
integrating laboratory and epidemiology systems and capability
to conduct rapid and accurate laboratory tests,'' after
``detection, identification,''; and
(2) in subparagraph (B), by inserting ``laboratory
testing,'' after ``services and supplies,''.
(c) Epidemiology-Laboratory Capacity Grants.--Section 2821(a) of
the Public Health Service Act (42 U.S.C. 300hh-31(a)) is amended--
(1) in paragraph (3), by striking ``and'';
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(5) supporting activities of State and local public
health departments related to biosurveillance and disease
detection, which may include activities related to section
319D, as appropriate.''.
SEC. 107. CENTERS FOR PUBLIC HEALTH PREPAREDNESS.
(a) In General.--Subpart B of title III of the Public Health
Service Act (42 U.S.C. 243 et seq.) is amended by inserting after
section 319F-4 the following:
``SEC. 319F-5. CENTERS FOR PUBLIC HEALTH PREPAREDNESS.
``(a) In General.--The Secretary may award grants, contracts, or
cooperative agreements to institutions of higher education or other
nonprofit private entities for the establishment or support of a
network of regional centers for public health preparedness (referred to
in this section as `Centers').
``(b) Use of Funds.--Centers established or supported under this
section shall--
``(1) advance the awareness of public health officials,
health care professionals, and the public, with respect to
information and research related to public health preparedness
and response, including for chemical, biological, radiological,
and nuclear threats, including emerging infectious diseases,
and epidemiology of emerging infectious diseases;
``(2) identify and translate promising research findings or
practices into evidence-based practices to inform preparedness
for, and responses to, a chemical, biological, radiological, or
nuclear agent, including naturally occurring infectious
diseases;
``(3) expand activities, including through public-private
partnerships, as appropriate, related to public health
preparedness and response, including participation in drills
and exercises and training public health experts, as
appropriate; and
``(4) provide technical assistance and expertise, as
applicable, during public health emergencies, including for
emerging infectious disease threats, which may include
identifying and communicating evidence on the impacts of such
threats on at-risk populations.
``(c) Requirements.--To be eligible for an award under this
section, an entity shall submit to the Secretary an application
containing such information as the Secretary may require, including a
description of how the entity will--
``(1) coordinate activities with State, local, and tribal
health departments, hospitals, and health care coalitions,
including recipients of awards under section 319C-1, 319C-2, or
319C-3, in order to improve preparedness, integrate
capabilities and functions, and reduce duplication; and
``(2) prioritize efforts to implement evidence-based
practices to improve public health preparedness and reduce the
spread of emerging infectious disease threats.
``(d) Distribution of Awards.--In awarding grants, contracts, or
cooperative agreements under this section, the Secretary shall support
not fewer than 10 regional centers for public health preparedness,
subject to the availability of appropriations.
``(e) Authorization.--For purposes of carrying out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2021 through 2025.''.
(b) Conforming Changes.--Section 319F of the Public Health Service
Act (42 U.S.C. 247d-6) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
SEC. 108. TELEHEALTH PLANS.
(a) PHSA.--Title XXVII of the Public Health Service Act (42 U.S.C.
300gg et seq.) is amended--
(1) in section 2722(c) (42 U.S.C. 300gg-21(c)), by adding
at the end the following:
``(4) Telehealth benefits.--
``(A) In general.--The requirements of subparts I
and II (except section 2704 (relating to the
prohibition of preexisting condition exclusions or
other discrimination based on health status), section
2705 (relating to prohibition of discrimination against
individual participants and beneficiaries based on
health status), section 2712 (relating to prohibition
of rescissions); and section 2726 (relating to parity
in mental health or substance use disorder benefits)
and as provided by the Secretary in guidance) shall not
apply to any group health plan (or group health
insurance coverage) offered by a large employer in
relation to its provision of excepted benefits
described in section 2791(c)(5) if the benefits--
``(i) are provided in accordance with
guidance issued by the Secretary; and
``(ii) are made available only to employees
(and dependents of such employees) who are not
eligible for another group health plan or group
health insurance coverage offered by the
employer offering such benefits described in
section 2791(c)(5).
``(B) Sunset.--This paragraph shall have no force
or effect with respect to plan years beginning on or
after the later of--
``(i) January 1, 2022; or
``(ii) the date on which the public health
emergency declared by the Secretary under
section 319, on January 31, 2020, with respect
to COVID-19 ends.''; and
(2) in section 2791(c) (42 U.S.C. 300gg-91(c)), by adding
at the end the following:
``(5) Benefits for telehealth services only.--
``(A) In general.--Benefits for telehealth services
and other remote care services only, as specified in
the guidance entitled, `FAQs about Families First
Coronavirus Response Act and Coronavirus Aid, Relief,
and Economic Security Act Implementation Part 43',
issued by the Secretary, the Secretary of Labor, and
the Secretary of the Treasury on June 23, 2020 (or any
successor guidance).
``(B) Sunset.--This paragraph shall have no force
or effect with respect to plan years beginning on or
after the later of--
``(i) January 1, 2022; or
``(ii) the date on which the public health
emergency declared by the Secretary under
section 319, on January 31, 2020, with respect
to COVID-19 ends.''.
(b) Application Under ERISA and the IRC.--Section 2722(c)(4) of the
Public Health Service Act (as amended by subsection (a)) shall apply to
group health plans and health insurance issuers providing health
insurance coverage in connection with group health plans pursuant to
part 7 of subtitle B of title I of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1181 et seq.), and pursuant to chapter
100 of subtitle K of the Internal Revenue Code of 1986, as though such
section 2722(c)(4) were included in such part and such chapter,
respectively.
(c) Implementation.--The Secretary of Health and Human Services,
the Secretary of Labor, and the Secretary of the Treasury may implement
the provisions of this section, including the amendments made by this
section, through sub-regulatory guidance, program instruction, or
otherwise.
SEC. 109. PROTECTION OF HUMAN GENETIC INFORMATION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Health and Human Services shall ensure that no person may
collect, store, analyze, disseminate, or otherwise make use of, or
benefit from, any human genetic information collected as a result of
diagnostic and serologic testing for COVID-19, for any incidental use,
or any reason other than such diagnostic or serologic testing, except
with the express, written, informed consent of the individual being
tested.
(b) Enforcement.--Any person who violates subsection (a) shall be
subject to a civil monetary penalty of not more than $100 for each such
violation.
(c) Definitions.--In this section--
(1) the term ``genetic information'' has the meaning given
such term in section 160.103 of title 45, Code of Federal
Regulations (or any successor regulations); and
(2) the term ``incidental'' means any action taken by any
person, directly or indirectly, to obtain genetic information
from an individual, for any purpose, other than the purpose
specifically authorized by the living individual from whom the
specimen has its biological origin or another designated
individual if the individual is a minor or is incapacitated, or
if the individual is deceased, the individual's next of kin.
SEC. 110. REAGAN-UDALL FOUNDATION AND FOUNDATION FOR THE NATIONAL
INSTITUTES OF HEALTH.
(a) Reagan-Udall Foundation for the Food and Drug Administration.--
Section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379dd(n)) is amended by striking ``$500,000 and not more than
$1,250,000'' and inserting ``$1,250,000 and not more than $5,000,000''.
(b) Foundation for the National Institutes of Health.--Section
499(l) of the Public Health Service Act (42 U.S.C. 290b(l)) is amended
by striking ``$500,000 and not more than $1,250,000'' and inserting
``$1,250,000 and not more than $5,000,000''.
TITLE II--EDUCATION PROVISIONS
SEC. 201. SIMPLIFYING STUDENT LOAN REPAYMENT.
(a) In General.--Section 455 of the Higher Education Act of 1965
(20 U.S.C. 1087e) is amended--
(1) in subsection (d)(1)--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) notwithstanding any other provision of law,
in the case of a loan described in subsection (a) that
enters repayment on or after October 1, 2020, or for
which a borrower seeks to change to a different
repayment plan on or after October 1, 2020, only a
repayment plan described in subsection (r).''; and
(2) by adding at the end the following:
``(r) Repayment.--
``(1) In general.--For loans described under subsection (a)
that enter repayment on or after October 1, 2020, or for which
the borrower seeks to change to a different repayment plan on
or after October 1, 2020, only the following repayment options
shall be made available:
``(A) A standard repayment plan, with a fixed
annual repayment amount paid over a fixed period of
time, not to exceed 10 years.
``(B) An income determined repayment plan, with an
annual repayment amount in the amount determined in
accordance with paragraph (2).
``(2) Income determined repayment plans.--
``(A) In general.--An income determined repayment
plan under paragraph (1)(B) shall require a borrower to
pay an amount equal to 10 percent of the result
obtained by calculating, on at least an annual basis,
the amount by which--
``(i) the borrower's, and the borrower's
spouse's (if applicable), adjusted gross
income; exceeds
``(ii) 150 percent of the poverty line
applicable to the borrower's family size as
determined under section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)).
``(B) Exceptions.--
``(i) Reduction for certain borrowers.--For
a borrower, and the borrower's spouse (if
applicable), whose adjusted gross income
exceeds 800 percent of the poverty line
applicable to the borrower's family size as
determined under section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)), the percentage amount calculated
under subparagraph (A)(ii) shall decrease by 5
percent for each percentage point that the
borrower's adjusted gross income exceeds 800
percent until the percentage amount calculated
under subparagraph (A)(ii) is zero.
``(ii) Unavailability to certain
borrowers.--The plan described in paragraph
(1)(B) shall not be available to the borrower
of a Federal Direct PLUS Loan made on behalf of
a dependent student or a Federal Direct
Consolidation Loan, if proceeds of such loan
were used to discharge the liability on such
Federal Direct PLUS Loan or a Federal PLUS Loan
made under part B on behalf of a dependent
student.
``(C) Repayment period.--The amount of time a
borrower is permitted to repay such loans under
paragraph (1)(B) may exceed 10 years.
``(D) Loan forgiveness.--
``(i) In general.--The Secretary shall
repay or cancel any outstanding balance of
principal and interest due on any loan repaid
under the repayment plan described under
paragraph (1)(B)--
``(I) for any undergraduate
borrower who has made payments under
such plan for 20 years; or
``(II) for any graduate borrower
who has made payments under such plan
for 25 years.
``(ii) Limitation.--Any period of time in
which a borrower is in delinquency or default
shall not count toward the repayment or
cancellation described in clause (i).
``(3) Monthly payments.--The Secretary shall determine the
borrower's monthly payment obligation to satisfy the payment
amount determined in accordance with subparagraphs (A) or (B)
of paragraph (1).
``(4) Borrower choice.--A borrower who is repaying a loan
under paragraph (1)(B) may elect, at any time, to terminate
repayment pursuant to the income determined repayment plan and
repay such loan under the standard repayment plan under
paragraph (1)(A).''.
(b) Public Service Loan Forgiveness Rules for Income-Determined
Repayment Plans.--Section 455(m) of the Higher Education Act of 1965
(20 U.S.C. 1087e(m)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (iii), by striking ``or'' after the
semicolon;
(B) in clause (iv), by striking ``; and'' and
inserting ``; or''; and
(C) by adding at the end the following:
``(v) payments under an income determined
repayment plan or a standard repayment plan
under subsection (r), except as provided in
paragraph (3); and'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Exception.--
``(A) In general.--To be eligible for loan
cancellation under this subsection, a borrower who
elects an income determined repayment plan under
subsection (r) shall remain in such plan for the
duration of repayment until such loan is cancelled.
``(B) Required notification and acknowledgment.--
``(i) Notification.--If a borrower who has
elected an income determined repayment plan
under subsection (r) subsequently indicates
that the borrower wishes to change repayment
plans, the Secretary shall notify the borrower
that changing repayment plans will cause any
monthly payments made prior to such change to
not qualify toward the 120 monthly payments
required for loan cancellation under this
subsection.
``(ii) Acknowledgment.--The Secretary shall
require acknowledgment of receipt of the
notification under clause (i) from any borrower
who has elected an income determined repayment
plan under subsection (r) and subsequently
indicates that the borrower wishes to change
repayment plans.''.
(c) Certification.--
(1) In general.--Notwithstanding any other provision of
law, a borrower of a loan made, insured, or guaranteed under
part B or D of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq.; 1087a et seq.) wishing to enter into an
income determined repayment plan, as defined in section 455(r)
of the Higher Education Act of 1965 (20 U.S.C. 1087e(r)) may
self-certify that the borrower is unemployed for the purposes
of determining a zero payment.
(2) Termination.--This subsection shall have no effect
after December 31, 2020.
(3) Audit.--
(A) In general.--Not later than December 31, 2021,
the Secretary of Education shall select a portion of
borrowers who self certify under paragraph (1) in order
to determine the validity of those self-certifications.
(B) Notice.--The Secretary of Education shall
inform each borrower who selects to self certify under
paragraph (1) that the Secretary may audit the
borrower's self-certification.
(4) Exemption.--Notwithstanding any other provisions of
law, the provisions of this section shall not be subject to
negotiated rulemaking as defined in section 492 of the Higher
Education Act of 1965 (20 U.S.C. 1098a).
SEC. 202. EMERGENCY EDUCATION FREEDOM GRANTS.
(a) Definitions.--In this section:
(1) Eligible scholarship-granting organization.--The term
``eligible scholarship-granting organization'' means--
(A) an organization that--
(i) is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such
Code;
(ii) provides qualifying scholarships to
individual elementary and secondary students
who--
(I) reside in the State in which
the eligible scholarship-granting
organization is recognized; or
(II) in the case of funds provided
to the Secretary of the Interior,
attending elementary schools or
secondary schools operated or funded by
the Bureau of Indian Education;
(iii) allocates at least 90 percent of
qualified contributions to qualifying
scholarships on an annual basis; and
(iv) provides qualifying scholarships to--
(I) more than 1 eligible student;
(II) more than 1 eligible family;
and
(III) different eligible students
attending more than 1 education
provider; or
(B) an organization that--
(i) is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such
Code; and
(ii) pursuant to State law, was able, as of
January 1, 2021, to receive contributions that
are eligible for a State tax credit if such
contributions are used by the organization to
provide scholarships to individual elementary
and secondary students, including scholarships
for attending private schools.
(2) Emergency education freedom grant funds.--The term
``emergency education freedom grant funds'' means the amount of
funds available under subsection (b)(1) for this section that
are not reserved under subsection (c)(1).
(3) Qualified contribution.--The term ``qualified
contribution'' means a contribution of cash to any eligible
scholarship-granting organization.
(4) Qualified expense.--The term ``qualified expense''
means any educational expense that is--
(A) for an individual student's elementary or
secondary education, as recognized by the State; or
(B) for the secondary education component of an
individual elementary or secondary student's career and
technical education, as defined by section 3(5) of the
Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302(5)).
(5) Qualifying scholarship.--The term ``qualifying
scholarship'' means a scholarship granted by an eligible
scholarship-granting organization to an individual elementary
or secondary student for a qualified expense.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(b) Grants.--
(1) Program authorized.--From the funds appropriated to
carry out this section, the Secretary shall carry out
subsection (c) and award emergency education freedom grants to
States with approved applications, in order to enable the
States to award subgrants to eligible scholarship-granting
organizations under subsection (d).
(2) Timing.--The Secretary shall make the allotments
required under this subsection by not later than 30 days after
the date of enactment of this Act.
(c) Reservation and Allotments.--
(1) In general.--From the amounts made available under
subsection (b)(1), the Secretary shall--
(A) reserve--
(i) one-half of 1 percent for allotments
for the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands, to be distributed
among those outlying areas on the basis of
their relative need, as determined by the
Secretary, in accordance with the purpose of
this section; and
(ii) one-half of 1 percent of such amounts
for the Secretary of the Interior, acting
through the Bureau of Indian Education, to be
used to provide subgrants described in
subsection (d) to eligible scholarship-granting
organizations that serve students attending
elementary schools or secondary schools
operated or funded by the Bureau of Indian
Education; and
(B) subject to paragraph (2), allot each State that
submits an approved application under this section the
sum of--
(i) the amount that bears the same relation
to 20 percent of the emergency education
freedom grant funds as the number of
individuals aged 5 through 17 in the State, as
determined by the Secretary on the basis of the
most recent satisfactory data, bears to the
number of those individuals, as so determined,
in all such States that submitted approved
applications; and
(ii) an amount that bears the same
relationship to 80 percent of the emergency
education freedom grant funds as the number of
individuals aged 5 through 17 from families
with incomes below the poverty line in the
State, as determined by the Secretary on the
basis of the most recent satisfactory data,
bears to the number of those individuals, as so
determined, in all such States that submitted
approved applications.
(2) Minimum allotment.--No State shall receive an allotment
under this subsection for a fiscal year that is less than one-
half of 1 percent of the amount of emergency education freedom
grant funds available for such fiscal year.
(d) Subgrants to Eligible Scholarship-Granting Organizations.--
(1) In general.--A State that receives an allotment under
this section shall use the allotment to award subgrants, on a
basis determined appropriate by the State, to eligible
scholarship-granting organizations in the State.
(2) Initial timing.--
(A) States with existing tax credit scholarship
program.--By not later than 30 days after receiving an
allotment under subsection (c)(1)(B), a State with an
existing, as of the date of application for an
allotment under this section, tax credit scholarship
program shall use not less than 50 percent of the
allotment to award subgrants to eligible scholarship-
granting organizations under subsection (a)(1)(B) in
the State in proportion to the contributions received
in calendar year 2019 that were eligible for a State
tax credit if such contributions are used by the
organization to provide scholarships to individual
elementary and secondary students, including
scholarships for attending private schools.
(B) States without tax credit scholarship
programs.--By not later than 60 days after receiving an
allotment under subsection (c)(1)(B), a State without a
tax credit scholarship program shall use not less than
50 percent of the allotment to award subgrants to
eligible scholarship-granting organizations in the
State.
(3) Uses of funds.-- An eligible scholarship-granting
organization that receives a subgrant under this subsection--
(A) may reserve not more than 5 percent of the
subgrant funds for public outreach, student and family
support activities, and administrative expenses related
to the subgrant; and
(B) shall use not less than 95 percent of the
subgrant funds to provide qualifying scholarships for
qualified expenses only to individual elementary school
and secondary school students who reside in the State
in which the eligible scholarship-granting organization
is recognized.
(e) Reallocation.--A State shall return to the Secretary any
amounts of the allotment received under this section that the State
does not award as subgrants under subsection (d) by March 30, 2021, and
the Secretary shall reallocate such funds to the remaining eligible
States in accordance with subsection (c)(1)(B).
(f) Rules of Construction.--
(1) In general.--A qualifying scholarship awarded to a
student from funds provided under this section shall not be
considered assistance to the school or other educational
provider that enrolls, or provides educational services to, the
student or the student's parents.
(2) Exclusion from income.--
(A) Income taxes.--For purposes of the Internal
Revenue Code of 1986, gross income shall not include
any amount received by an individual as a qualifying
scholarship.
(B) Federally funded programs.--Any amount received
by an individual as a qualifying scholarship shall not
be taken into account as income or resources for
purposes of determining the eligibility of such
individual or any other individual for benefits or
assistance, or the amount or extent of such benefits or
assistance, under any Federal program or under any
State or local program financed in whole or in part
with Federal funds.
(3) Prohibition of control over nonpublic education
providers.--
(A)(i) Nothing in this section shall be construed
to permit, allow, encourage, or authorize any Federal
control over any aspect of any private, religious, or
home education provider, whether or not a home
education provider is treated as a private school or
home school under State law.
(ii) This section shall not be construed to exclude
private, religious, or home education providers from
participation in programs or services under this
section.
(B) Nothing in this section shall be construed to
permit, allow, encourage, or authorize a State to
mandate, direct, or control any aspect of a private or
home education provider, regardless of whether or not a
home education provider is treated as a private school
under State law.
(C) No participating State shall exclude,
discriminate against, or otherwise disadvantage any
education provider with respect to programs or services
under this section based in whole or in part on the
provider's religious character or affiliation,
including religiously based or mission-based policies
or practices.
(4) Parental rights to use scholarships.--No participating
State shall disfavor or discourage the use of qualifying
scholarships for the purchase of elementary and secondary
education services, including those services provided by
private or nonprofit entities, such as faith-based providers.
(5) State and local authority.--Nothing in this section
shall be construed to modify a State or local government's
authority and responsibility to fund education.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 203. BACK TO WORK CHILD CARE GRANTS.
(a) Purpose.--The purpose of this section is to support the
recovery of the United States economy by providing assistance to aid in
reopening child care programs, and maintaining the availability of
child care in the United States, so that parents can access safe care
and return to work.
(b) Definitions.--In this section:
(1) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
on January 31, 2020, with respect to COVID-19, including any
renewal of such declaration.
(2) Eligible child care provider.--The term ``eligible
child care provider'' means--
(A) an eligible child care provider as defined in
section 658P(6)(A) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)); and
(B) a child care provider that--
(i) is license-exempt and operating legally
in the State;
(ii) is not providing child care services
to relatives; and
(iii) satisfies State and local
requirements, including those referenced in
section 658E(c)(2)(I) of the Child Care and
Development Block Grant Act of 1990 ((42 U.S.C.
9858c)(c)(2)(I)).
(3) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meanings given the
terms in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
(4) Lead agency.--The term ``lead agency'' has the meaning
given the term in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(5) Qualified child care provider.--The term ``qualified
child care provider'' means an eligible child care provider
with an application approved under subsection (g) for the
program involved.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State.--The term ``State'' has the meaning given the
term in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
(c) Grants for Child Care Programs.--From the funds appropriated to
carry out this section, the Secretary shall make Back to Work Child
Care grants to States, Indian tribes, and tribal organizations, that
submit notices of intent to provide assurances under subsection (d)(2).
The grants shall provide for subgrants to qualified child care
providers, for a transition period of not more than 9 months to assist
in paying for fixed costs and increased operating expenses due to
COVID-19, and to reenroll children in an environment that supports the
health and safety of children and staff.
(d) Process for Allocation of Funds.--
(1) Allocation.--Any funds that are appropriated to carry
out this section shall be distributed by the Secretary to the
Administration for Children and Families for distribution under
the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9857 et seq.) in accordance with subsection (e)(2) of
this section.
(2) Notice.--Not later than 7 days after funds are
appropriated to carry out this section, the Secretary shall
provide to States, Indian tribes, and tribal organizations a
notice of funding availability, for Back to Work Child Care
grants under subsection (c) from allotments and payments under
subsection (e)(2). The Secretary shall issue a notice of the
funding allocations for each State, Indian tribe, and tribal
organization not later than 14 days after funds are
appropriated to carry out this section.
(3) Notice of intent.--Not later than 14 days after
issuance of a notice of funding allocations under paragraph
(1), a State, Indian tribe, or tribal organization that seeks
such a grant shall submit to the Secretary a notice of intent
to provide assurances for such grant. The notice of intent
shall include a certification that the State, Indian tribe, or
tribal organization will repay the grant funds if such State,
Indian tribe, or tribal organization fails to provide
assurances that meet the requirements of subsection (f) or to
comply with such an assurance.
(4) Grants to lead agencies.--The Secretary may make grants
under subsection (c) to the lead agency of each State, Indian
tribe, or tribal organization, upon receipt of the notice of
intent to provide assurances for such grant.
(5) Provision of assurances.--Not later than 15 days after
receiving the grant, the State, Indian tribe, or tribal
organization shall provide assurances that meet the
requirements of subsection (f).
(e) Federal Reservation; Allotments and Payments.--
(1) Reservation.--The Secretary shall reserve not more than
1 percent of the amount appropriated to carry out this section
to pay for the costs of the Federal administration of this
section. The amount appropriated to carry out this section and
reserved under this paragraph shall remain available through
fiscal year 2021.
(2) Allotments and payments.--The Secretary shall use the
remaining portion of such amount to make allotments and
payments, to States, Indian tribes, and tribal organizations
that submit such a notice of intent to provide assurances, in
accordance with paragraphs (1) and (2) of subsection (a), and
subsection (b), of section 658O of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858m), for the
grants described in subsection (c).
(f) Assurances.--A State, Indian tribe, or tribal organization that
receives a grant under subsection (c) shall provide to the Secretary
assurances that the lead agency will--
(1) require as a condition of subgrant funding under
subsection (g) that each eligible child care provider applying
for a subgrant from the lead agency--
(A) has been an eligible child care provider in
continuous operation and serving children through a
child care program immediately prior to March 1, 2020;
(B) agree to follow all applicable State, local,
and tribal health and safety requirements and, if
applicable, enhanced protocols for child care services
and related to COVID-19 or another health or safety
condition;
(C) agree to comply with the documentation and
reporting requirements under subsection (h); and
(D) certify in good faith that the child care
program of the provider will remain open for not less
than 1 year after receiving such a subgrant, unless
such program is closed due to extraordinary
circumstances, including a state of emergency declared
by the Governor or a major disaster or emergency
declared by the President under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170, 5191);
(2) ensure eligible child care providers in urban,
suburban, and rural areas can readily apply for and access
funding under this section, which shall include the provision
of technical assistance either directly or through resource and
referral agencies or staffed family child care provider
networks;
(3) ensure that subgrant funds are made available to
eligible child care providers regardless of whether the
eligible child care provider is providing services for which
assistance is made available under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) at
the time of application for a subgrant;
(4) through at least December 31, 2020, continue to expend
funds provided under the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9857 et seq.) for the purpose of
continuing payments and assistance to qualified child care
providers on the basis of applicable reimbursements prior to
March 2020;
(5) undertake a review of burdensome State, local, and
tribal regulations and requirements that hinder the opening of
new licensed child care programs to meet the needs of the
working families in the State or tribal community, as
applicable;
(6) make available to the public, which shall include, at a
minimum, posting to an internet website of the lead agency--
(A) notice of funding availability through
subgrants for qualified child care providers under this
section; and
(B) the criteria for awarding subgrants for
qualified child care providers, including the
methodology the lead agency used to determine and
disburse funds in accordance with subparagraphs (D) and
(E) of subsection (g)(4); and
(7) ensure the maintenance of a delivery system of child
care services throughout the State that provides for child care
in a variety of settings, including the settings of family
child care providers.
(g) Lead Agency Use of Funds.--
(1) In general.--A lead agency that receives a Back to Work
Child Care grant under this section--
(A) shall use a portion that is not less than 94
percent of the grant funds to award subgrants to
qualified child care providers as described in the lead
agency's assurances pursuant to subsection (f);
(B) shall reserve not more than 6 percent of the
funds to--
(i) use not less than 1 percent of the
funds to provide technical assistance and
support in applying for and accessing funding
through such subgrants to eligible child care
providers, including to rural providers, family
child care providers, and providers with
limited administrative capacity; and
(ii) use the remainder of the reserved
funds to--
(I) administer subgrants to
qualified child care providers under
paragraph (4), which shall include
monitoring the compliance of qualified
child care providers with applicable
State, local, and tribal health and
safety requirements; and
(II) comply with the reporting and
documentation requirements described in
subsection (h); and
(C)(i) shall not make more than 1 subgrant under
paragraph (4) to a child care provider, except as
described in clause (ii); and
(ii) may make multiple subgrants to a qualified
child care provider, if the lead agency makes each
subgrant individually for 1 child care program operated
by the provider and the funds from the multiple
subgrants are not pooled for use for more than 1 of the
programs.
(2) Role of third party.--The lead agency may designate a
third party, such as a child care resource and referral agency,
to carry out the responsibilities of the lead agency, and
oversee the activities conducted by qualified child care
providers under this subsection.
(3) Obligation and return of funds.--
(A) Obligation.--
(i) In general.--The lead agency shall
obligate at least 50 percent of the grant funds
in the portion described in paragraph (1)(A)
for subgrants to qualified child care providers
by the day that is 6 months after the date of
enactment of this Act.
(ii) Waivers.--At the request of a State,
Indian tribe, or tribal organization, and for
good cause shown, the Secretary may waive the
requirement under clause (i) for the State,
Indian tribe, or tribal organization.
(B) Return of funds.--Not later than the date that
is 12 months after a grant is awarded to a lead agency
in accordance with this section, the lead agency shall
return to the Secretary any of the grant funds that are
not obligated by the lead agency by such date. The
Secretary shall return any funds received under this
subparagraph to the Treasury of the United States.
(4) Subgrants.--
(A) In general.--A lead agency that receives a
grant under subsection (c) shall make subgrants to
qualified child care providers to assist in paying for
fixed costs and increased operating expenses, for a
transition period of not more than 9 months, so that
parents have a safe place for their children to receive
child care as the parents return to the workplace.
(B) Use of funds.--A qualified child care provider
may use subgrant funds for--
(i) sanitation and other costs associated
with cleaning the facility, including deep
cleaning in the case of an outbreak of COVID-
19, of a child care program used to provide
child care services;
(ii) recruiting, retaining, and
compensating child care staff, including
providing professional development to the staff
related to child care services and applicable
State, local, and tribal health and safety
requirements and, if applicable, enhanced
protocols for child care services and related
to COVID-19 or another health or safety
condition;
(iii) paying for fixed operating costs
associated with providing child care services,
including the costs of payroll, the
continuation of existing (as of March 1, 2020)
employee benefits, mortgage or rent, utilities,
and insurance;
(iv) acquiring equipment and supplies
(including personal protective equipment)
necessary to provide child care services in a
manner that is safe for children and staff in
accordance with applicable State, local, and
tribal health and safety requirements;
(v) replacing materials that are no longer
safe to use as a result of the COVID-19 public
health emergency;
(vi) making facility changes and repairs to
address enhanced protocols for child care
services related to COVID-19 or another health
or safety condition, to ensure children can
safely occupy a child care facility;
(vii) purchasing or updating equipment and
supplies to serve children during
nontraditional hours;
(viii) adapting the child care program or
curricula to accommodate children who have not
had recent access to a child care setting;
(ix) carrying out any other activity
related to the child care program of a
qualified child care provider; and
(x) reimbursement of expenses incurred
before the provider received a subgrant under
this paragraph, if the use for which the
expenses are incurred is described in any of
clauses (i) though (ix) and is disclosed in the
subgrant application for such subgrant.
(C) Subgrant application.--To be qualified to
receive a subgrant under this paragraph, an eligible
child care provider shall submit an application to the
lead agency in such form and containing such
information as the lead agency may reasonably require,
including--
(i) a budget plan that includes--
(I) information describing how the
eligible child care provider will use
the subgrant funds to pay for fixed
costs and increased operating expenses,
including, as applicable, payroll,
employee benefits, mortgage or rent,
utilities, and insurance, described in
subparagraph (B)(iii);
(II) data on current operating
capacity, taking into account previous
operating capacity for a period of time
prior to the COVID-19 public health
emergency, and updated group size
limits and staff-to-child ratios;
(III) child care enrollment,
attendance, and revenue projections
based on current operating capacity and
previous enrollment and revenue for the
period described in subclause (II); and
(IV) a demonstration of how the
subgrant funds will assist in promoting
the long-term viability of the eligible
child care provider and how the
eligible child care provider will
sustain its operations after the
cessation of funding under this
section;
(ii) assurances that the eligible child
care provider will--
(I) report to the lead agency,
before every month for which the
subgrant funds are to be received, data
on current financial characteristics,
including revenue, and data on current
average enrollment and attendance;
(II) not artificially suppress
revenue, enrollment, or attendance for
the purposes of receiving subgrant
funding;
(III) provide the necessary
documentation under subsection (h) to
the lead agency, including providing
documentation of expenditures of
subgrant funds; and
(IV) implement all applicable
State, local, and tribal health and
safety requirements and, if applicable,
enhanced protocols for child care
services and related to COVID-19 or
another health or safety condition; and
(iii) a certification in good faith that
the child care program will remain open for not
less than 1 year after receiving a subgrant
under this paragraph, unless such program is
closed due to extraordinary circumstances
described in subsection (f)(1)(D).
(D) Subgrant disbursement.--In providing funds
through a subgrant under this paragraph--
(i) the lead agency shall--
(I) disburse such subgrant funds to
a qualified child care provider in
installments made not less than once
monthly;
(II) disburse a subgrant
installment for a month after the
qualified child care provider has
provided, before that month, the
enrollment, attendance, and revenue
data required under subparagraph
(C)(ii)(I) and, if applicable, current
operating capacity data required under
subparagraph (C)(i)(II); and
(III) make subgrant installments to
any qualified child care provider for a
period of not more than 9 months; and
(ii) the lead agency may, notwithstanding
subparagraph (E)(i), disburse an initial
subgrant installment to a provider in a greater
amount than that subparagraph provides for, and
adjust the succeeding installments, as
applicable.
(E) Subgrant installment amount.--The lead agency--
(i) shall determine the amount of a
subgrant installment under this paragraph by
basing the amount on--
(I)(aa) at a minimum, the fixed
costs associated with the provision of
child care services by a qualified
child care provider; and
(bb) at the election of the lead
agency, an additional amount determined
by the State, for the purposes of
assisting qualified child care
providers with, as applicable,
increased operating costs and lost
revenue, associated with the COVID-19
public health emergency; and
(II) any other methodology that the
lead agency determines to be
appropriate, and which is disclosed in
reporting submitted by the lead agency
under subsection (f)(6)(B);
(ii) shall ensure that, for any period for
which subgrant funds are disbursed under this
paragraph, no qualified child care provider
receives a subgrant installment that when added
to current revenue for that period exceeds the
revenue for the corresponding period 1 year
prior; and
(iii) may factor in decreased operating
capacity due to updated group size limits and
staff-to-child ratios, in determining subgrant
installment amounts.
(F) Repayment of subgrant funds.--A qualified child
care provider that receives a subgrant under this
paragraph shall be required to repay the subgrant funds
if the lead agency determines that the provider fails
to provide the assurances described in subparagraph
(C)(ii)(II), or to comply with such an assurance.
(5) Supplement not supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, tribal, and local public funds
expended to provide child care services, including funds
provided under the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9857 et seq.) and State and tribal child
care programs.
(h) Documentation and Reporting Requirements.--
(1) Documentation.--A State, Indian tribe, or tribal
organization receiving a grant under subsection (c) shall
provide documentation of any State or tribal expenditures from
grant funds received under subsection (c) in accordance with
section 658K(b) of the Child Care Development Block Grant Act
of 1990 (42 U.S.C. 9858i(b)), and to the independent entity
described in that section.
(2) Reports.--
(A) Lead agency report.--A lead agency receiving a
grant under subsection (c) shall, not later than 12
months after receiving such grant, submit a report to
the Secretary that includes for the State or tribal
community involved a description of the program of
subgrants carried out to meet the objectives of this
section, including--
(i) a description of how the lead agency
determined--
(I) the criteria for awarding
subgrants for qualified child care
providers, including the methodology
the lead agency used to determine and
disburse funds in accordance with
subparagraphs (D) and (E) of subsection
(g)(4); and
(II) the types of providers that
received priority for the subgrants,
including considerations related to--
(aa) setting;
(bb) average monthly
revenues, enrollment, and
attendance, before and during
the COVID-19 public health
emergency and after the
expiration of State, local, and
tribal stay-at-home orders; and
(cc) geographically based
child care service needs across
the State or tribal community;
and
(ii) the number of eligible child care
providers in operation and serving children on
March 1, 2020, and the average number of such
providers for March 2020 and each of the 11
months following, disaggregated by age of
children served, geography, region, center-
based child care setting, and family child care
setting;
(iii) the number of child care slots, in
the capacity of a qualified child care provider
given applicable group size limits and staff-
to-child ratios, that were open for attendance
of children on March 1, 2020, the average
number of such slots for March 2020 and each of
11 months following, disaggregated by age of
children served, geography, region, center-
based child care setting, and family child care
setting;
(iv)(I) the number of qualified child care
providers that received a subgrant under
subsection (g)(4), disaggregated by age of
children served, geography, region, center-
based child care setting, and family child care
setting, and the average and range of the
amounts of the subgrants awarded; and
(II) the percentage of all eligible child
care providers that are qualified child care
providers that received such a subgrant,
disaggregated as described in subclause (I);
and
(v) information concerning how qualified
child care providers receiving subgrants under
subsection (g)(4) used the subgrant funding
received, disaggregated by the allowable uses
of funds described in subsection (g)(4)(B).
(B) Report to congress.--Not later than 90 days
after receiving the lead agency reports required under
subparagraph (A), the Secretary shall make publicly
available and provide to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives a report summarizing the findings of
the lead agency reports.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the activities
under this section.
(j) Exclusion From Income.--For purposes of the Internal Revenue
Code of 1986, gross income shall not include any amount received by a
qualified child care provider under this section.
SEC. 204. NATIONAL EMERGENCY EDUCATIONAL WAIVERS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Education (referred to in this section as the
``Secretary'') may waive any statutory or regulatory provision
described under subsection (b)(1)(A) if the Secretary determines that
such a waiver is necessary and appropriate due to the qualifying
emergency.
(b) Applicable Provisions of Law.--
(1) Waivers.--
(A) In general.--The Secretary shall waive any of
the following statutory or regulatory requirements for
a State educational agency, local educational agency,
Indian tribe, or school, if the Secretary determines
that such a waiver is necessary and appropriate as
described in subsection (a), under the following
provisions of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.):
(i) Section 1118(a) and section 8521.
(ii) Section 1127.
(iii) Section 4106(d).
(iv) Subparagraphs (C), (D), and (E) of
section 4106(e)(2).
(v) Section 4109(b).
(vi) The definition under section 8101(42)
for purposes of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
(B) Applicability to charter schools.--Any waivers
issued by the Secretary under this section shall be
implemented--
(i) for all public schools, including
public charter schools, within the boundaries
of the recipient of the waiver;
(ii) in accordance with State charter
school law; and
(iii) pursuant to section 1111(c)(5) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(c)(5)).
(C) Rehabilitation act.--The Secretary shall comply
as follows if the Secretary determines such action
necessary and appropriate:
(i) Waiver of the pre-ets 15 percent
reservation of funds.--The Secretary shall
allow the required 15 percent set-aside for
pre-employment transition services (PreETS)
provided under section 110(d) of the
Rehabilitation Act of 1973 (29 U.S.C. 730(d))
to be available for expenditure for other
vocational rehabilitation services.
(ii) Maintenance of effort.--During the
course of the qualifying emergency, the
Secretary shall waive the maintenance of effort
requirement described in section 111(a)(2)(B)
of the Rehabilitation Act of 1973 (29 U.S.C.
731(a)(2)(B)).
(2) Limitation.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to
applicable civil rights laws.
(c) State and Local Requests for Waivers.--
(1) In general.--A State educational agency, local
educational agency, Indian tribe, or school that desires a
waiver from any statutory or regulatory provision described
under subsection (b)(1), may submit a waiver request to the
Secretary in accordance with this subsection.
(2) Requests submitted.--A request for a waiver under this
subsection shall--
(A) identify the Federal programs affected by the
requested waiver;
(B) describe which Federal statutory or regulatory
requirements are to be waived; and
(C) describe how the emergency involving Federal
primary responsibility determined to exist by the
President under the section 501(b) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191(b)) with respect to the Coronavirus
Disease 2019 (COVID-19) prevents or otherwise restricts
the ability of the State educational agency, local
educational agency, Indian tribe, or school to comply
with such statutory or regulatory requirements.
(3) Secretary approval.--
(A) In general.--Except as provided under
subparagraph (B), the Secretary shall approve or
disapprove a waiver request submitted under paragraph
(1) not more than 30 days after the date on which such
request is submitted.
(B) Exceptions.--The Secretary may disapprove a
waiver request submitted under paragraph (1), only if
the Secretary determines that--
(i) the waiver request does not meet the
requirements of this section;
(ii) the waiver is not permitted pursuant
to subsection (b)(1); or
(iii) the description required under
paragraph (2)(C) provides insufficient
information to demonstrate that the waiving of
such requirements is necessary or appropriate
consistent with subsection (a).
(4) Duration.--
(A) In general.--Except as provided in subparagraph
(B), a waiver approved by the Secretary under this
subsection may be for a period not to exceed 1 academic
year.
(B) Extension.--The Secretary may extend the period
described under subparagraph (A) if the State
educational agency, local educational agency, Indian
tribe, or school demonstrates to the Secretary that
extending the waiving of such requirements is necessary
and appropriate consistent with subsection (a).
(d) Reporting and Publication.--
(1) Notifying congress.--Not later than 7 days after
granting a waiver under this section, the Secretary shall
notify the Committee on Health, Education, Labor, and Pensions
of the Senate, the Committee on Appropriations of the Senate,
the Committee on Education and Labor of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives of such waiver.
(2) Publication.--Not later than 30 days after granting a
waiver under this section, the Secretary shall publish a notice
of the Secretary's decision in the Federal Register and on the
website of the Department of Education.
(e) Transition From Part C to Part B.--Notwithstanding any other
provision of law, the Secretary may authorize services provided under
part C of the Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.) to continue for an individual during the delayed
transition to services under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.) evaluation timeline
so that such individual may continue to receive services after the
individual's third birthday under such part C and until a part B of
such Act evaluation is completed and an eligibility determination made.
(f) Personnel Development Scholarships.--Notwithstanding any other
provision of law, the Secretary may grant a deferral of the work or
repayment requirements or allow credit to be given for the service
obligation under section 662(h)(1) of the Individuals with Disabilities
Education Act (20 U.S.C. 1462(h)(1)), if employment was interrupted by
the COVID-19 national emergency.
(g) Rule of Construction.--Nothing in this section shall be
construed to alter any State educational agency or local educational
agency obligation under the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) during any period that is not a qualifying
emergency.
(h) Qualifying Emergency.--In this section, the term ``qualifying
emergency'' means, a period during which--
(1) a public health emergency has been declared by the
Secretary of Health and Human Services pursuant to section 319
of the Public Health Service Act (42 U.S.C. 247d);
(2) a Governor of a State or territory has declared a state
of emergency;
(3) a Governor of a State or territory, mayor, or a local
health official has determined that in-person meetings,
education or and services are not permissible or safe due to
the risk of disease; or
(4) the President has declared a--
(A) major disaster or an emergency under section
401 or 501, respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 and 5191); or
(B) national emergency under section 201 of the
National Emergencies Act (50 U.S.C. 1601 et seq.).
SEC. 205. WAIVERS FOR CAREER, TECHNICAL, AND ADULT EDUCATION.
(a) Definitions.--In this section:
(1) Eligible agency.--The term ``eligible agency'' means--
(A) an eligible agency as defined under section 3
of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302); or
(B) an eligible agency as defined under section 203
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3272).
(2) Qualifying emergency .--The term ``qualifying
emergency'' means--
(A) a public health emergency related to the
coronavirus declared by the Secretary of Health and
Human Services pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d);
(B) an event related to the coronavirus for which
the President declared a major disaster or an emergency
under section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170 and 5191); or
(C) a national emergency related to the coronavirus
declared by the President under section 201 of the
National Emergencies Act (50 U.S.C. 1601 et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(b) Waiver.--Notwithstanding any other provision of law, the
Secretary may, upon the request of an eligible agency, waive any
statutory or regulatory provision described under paragraph (1) or (2)
of subsection (c), if the Secretary determines that such waiver is
necessary and appropriate due to a qualifying emergency.
(c) Applicable Provisions of Law.--
(1) Period of availability of funds.--
(A) In general.--The Secretary shall create an
expedited application process to request a waiver and
the Secretary may waive any statutory or regulatory
requirements, except as provided under subparagraph
(B), for an eligible agency that govern the period of
time during which the eligible agency may obligate
funds, including the requirement under section 421(b)
of the General Education Provisions Act (20 U.S.C.
1225(b)) (commonly know as the ``Tydings Amendment''),
if the Secretary determines that such a waiver is
necessary and appropriate as described in subsection
(b).
(B) Restriction.--The Secretary may not, pursuant
to the authority under subparagraph (A), waive the
requirement provided under section 1552 of title 31,
United States Code.
(2) State and locally requested waivers.--For an eligible
agency--
(A) that receives funds under a program authorized
under the Workforce Innovation and Opportunity Act (29
U.S.C. 3101), the Secretary may waive statutory and
regulatory requirements--
(i) under section 222(a) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3302(a)); and
(ii) related to the requirement that an
application be submitted to the eligible agency
under section 107(d)(11)(B)(i)(I) of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3122(d)(11)(B)(i)(I)); and
(B) that receives funds under the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), the Secretary may waive statutory and
regulatory requirements--
(i) related to the pooling of funds under
section 135(c) of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C.
2355(c)); and
(ii) related to the definition of the term
``professional development'' as defined in
section 3(40) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2302(40)) .
(3) Applicability to charter schools.--Any waivers issued
by the Secretary under this section shall be implemented, as
applicable--
(A) for all public schools, including public
charter schools, within the boundaries of the recipient
of the waiver; and
(B) in accordance with State charter school law.
(4) Limitation.--Nothing in this title shall be construed
to allow the Secretary to waive any statutory or regulatory
requirements under applicable civil rights laws.
(d) Additional Waiver.--For any State educational agency or Indian
Tribe that requested a waiver under section 3511(c) of the CARES Act
(Public Law 116-136) prior to the date of enactment of this Act, the
Secretary may waive statutory and regulatory requirements under the
provisions of law described in subsection (c)(2) without an additional
waiver application.
SEC. 206. ADDITIONAL WORKFORCE ACTIVITIES.
(a) Definitions.--In this section:
(1) Qualifying emergency.--The term ``qualifying
emergency'' means--
(A) a public health emergency related to the
coronavirus declared by the Secretary of Health and
Human Services pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d);
(B) an event related to the coronavirus for which
the President declared a major disaster or an emergency
under section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170, 5191); or
(C) a national emergency related to the coronavirus
declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(3) Workforce innovation and opportunity act terms.--Except
as otherwise provided in this section, the terms in this
section have the meanings given to terms in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(b) Incumbent Worker Training.--Notwithstanding section
134(d)(4)(A)(i) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174(d)(4)(A)(i)), during a qualifying emergency, a local board
may reserve and use not more than 40 percent of the funds specified in
that section to pay for the Federal share of the cost of providing
training through a training program for incumbent workers carried out
in accordance with section 134(d)(4) of such Act (29 U.S.C.
3174(d)(4)).
(c) Transitional Jobs.--Notwithstanding the percentage specified in
section 134(d)(5) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174(d)(5)), during a qualifying emergency, a local board may
reserve and use not more than 40 percent of the funds specified in that
section to pay for the Federal share of the cost of providing
transitional jobs described in that section.
(d) Job Corps.--
(1) Eligibility.--In the case of an individual who is
seeking to enroll in the Job Corps and who will turn 25 during
a qualifying emergency, the Secretary shall apply section
144(a)(1)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3194(a)(1)(A)) by substituting ``may be individuals
who are not less than age 22 and not more than age 24 on the
date of enrollment, or who turned 24 during a qualifying
emergency'' for ``may be not less than age 22 and not more than
age 24 on the date of enrollment''.
(2) Enrollment.--For the purposes of the Job Corps, in the
case of a qualifying emergency, the Secretary may make an
exception, on the basis of the impact of the qualifying
emergency, to requirements on maximum enrollment length under
sections 146 and 148(c) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3196, 3198(c)), and the requirements
on the length of provision of graduate services under section
148(d) of such Act (29 U.S.C. 3198(d)).
(e) Youthbuild.--
(1) Eligibility.--Notwithstanding section 171(e)(1)(A)(i)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3226(e)(1)(A)(i)), an individual seeking to participate in a
YouthBuild program and who will turn 25 during a qualifying
emergency is eligible to so participate if the individual meets
the other requirements of section 171(e)(1) of such Act (29
U.S.C. 3226(e)(1)).
(2) Participation limitation.--The Secretary may waive the
requirements of section 171(e)(2) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3226(e)(2)) to allow an eligible
individual described in such section to participate in a
YouthBuild program for a period of more than 24 months if such
individual's participation was interrupted or otherwise
impacted by a qualifying emergency.
(f) Youth Workforce Investment Activities.--
(1) Allocation.--From funds appropriated to carry out this
subsection, the Secretary shall make available such funds to
States and other eligible entities for youth workforce
investment activities in accordance with subparagraphs (A),
(B), and (C) of section 127(b)(1) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3162(b)(1)). Not later than 30
days after a State receives an allotment under this subsection,
the Governor shall allocate the funds in accordance with
section 128 of such Act (29 U.S.C. 3163).
(2) Uses of funds.--Funds provided under this subsection
shall be used by a State and local areas to provide activities
services for youth authorized under section 129 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164).
(3) Priorities.--
(A) In general.--Each State and local area
receiving funds under this subsection shall provide
activities described in paragraph (1) while giving
priority for out-of-school youth and youth (eligible
under that section 129) who are members of more than
one population listed in section 3(24) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(24)).
(B) Out-of-school youth.--Notwithstanding section
129(a)(4)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164(a)(4)(A)), for each
State and local area receiving funds provided under
this subsection, not less than 75 percent of funds
allotted shall be used to provide youth workforce
investment activities under this subsection for out-of-
school youth.
(g) Reentry Employment Opportunities.--The Secretary shall award
funds appropriated to carry out this subsection consistent with the
Reentry Employment Opportunities program established by the Secretary
under section 169 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3224). The funds shall be used to support reentry employment
opportunities for youth and young adults who were or are involved in
the criminal justice or juvenile justice system, formerly incarcerated
adults, and former offenders.
(h) Dislocated Workers Assistance National Reserve.--The Secretary
shall award funds appropriated to carry out this subsection consistent
with sections 168(b), 169(c) (except for the 10 percent limitation
provided under such section), and 170 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3223(b), 3224(c), 3225). The recipients
shall use the funds to prevent, prepare for, and respond to a
qualifying emergency.
(i) Apprenticeship Grants.--
(1) Uses of funds.--From funds appropriated to carry out
this subsection, the Secretary shall award grants, contracts,
or cooperative agreements to eligible entities, as determined
by the Secretary, on a competitive basis to establish or expand
apprenticeship programs, including pre-apprenticeship programs,
youth apprenticeship programs, and Industry-Recognized
Apprenticeship Programs carried out under the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act''; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(2) Application.--To be eligible to receive a grant or
enter into a contract or cooperative agreement under this
subsection, an entity shall submit an application at such time,
in such manner, and containing such information as the
Secretary shall determine to be appropriate.
(3) Industry-recognized apprenticeship programs.--
Notwithstanding any other provision of law, the Secretary may
use any amount appropriated to the Secretary under the
Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020 (Public Law 116-123), the Families
First Coronavirus Response Act (Public Law 116-127), the CARES
Act (Public Law 116-136), the Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-139), and this Act
to provide financial assistance for an Industry-Recognized
Apprenticeship Program carried out under the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act''; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(j) Authorization of Appropriations.--
(1) Youth workforce investment activities.--There is
authorized to be appropriated to carry out subsection (f) such
sums as may be necessary for the period of fiscal years 2020
through 2022.
(2) Reentry employment opportunities.--There is authorized
to be appropriated to carry out subsection (g) such sums as may
be necessary for the period of fiscal years 2020 through 2022.
(3) National dislocated worker grants.--There is authorized
to be appropriated to carry out subsection (h) such sums as may
be necessary for the period of fiscal years 2020 through 2022.
(4) Apprenticeship grants.--There is authorized to be
appropriated to carry out subsection (i) such sums as may be
necessary for the period of fiscal years 2020 through 2022.
SEC. 207. WORKFORCE RECOVERY AND TRAINING SERVICES.
(a) Definitions.--In this section:
(1) Qualifying emergency.--The term ``qualifying
emergency'' means--
(A) a public health emergency related to the
coronavirus declared by the Secretary of Health and
Human Services pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d);
(B) an event related to the coronavirus for which
the President declared a major disaster or an emergency
under section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170, 5191); or
(C) a national emergency related to the coronavirus
declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(3) Workforce innovation and opportunity act terms.--Except
as otherwise provided in this section, the terms in this
section have the meanings given the terms in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(b) Distribution of Funds.--
(1) Allotment to states.--From funds appropriated to carry
out this section and not reserved under subsection (e)(4), not
later than 45 days after receiving the appropriated funds, the
Secretary shall make allotments to States in accordance with
the formula described in section 132(b)(2)(B) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3172(b)(2)(B)) and
make the reservation for and provide assistance to outlying
areas in accordance with section 132(b)(2)(A) of such Act (29
U.S.C. 3172(b)(2)(A)).
(2) Allocation to local areas.--Not later than 30 days
after a State receives an allotment under paragraph (1), the
Governor shall--
(A) reserve 40 percent of the allotment funds to
carry out activities under subsection (c)(1); and
(B) allocate the remainder of the funds to local
areas in accordance with section 133(b)(2)(B) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3173(b)(2)(B)) to enable the local areas to carry out
activities under subsection (c)(2).
(c) Uses of Funds.--
(1) State use of funds.--
(A) In general.--From the funds reserved under
subsection (b)(2)(A), the Governor--
(i) shall allocate not less than 50 percent
of the funds to the local areas most
significantly impacted by a qualifying
emergency, as determined by the Governor, to
enable the local areas to carry out activities
under paragraph (2); and
(ii) with the funds that are not allocated
under clause (i) or reserved under subparagraph
(B), may--
(I) carry out rapid response
activities described in section
134(a)(2)(A) of the Workforce
Innovation and Opportunity (29 U.S.C.
3174(a)(2)(A));
(II) carry out activities to
facilitate remote access to employment
and training activities, including
career services, through a one-stop
center;
(III) in coordination with local
areas, carry out activities necessary
to expand online learning
opportunities, and make available
resources to support or allow for
online service delivery, including
online delivery of training services,
by providers identified as eligible
providers of training services under
subsection (d) or (h) of section 122 of
the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152);
(IV) assist local boards through
the purchase of technology, supplies,
and online training materials for
distribution or use by local areas; and
(V) expand the list of eligible
providers of training services
established under section 122(d) of the
Workforce Innovation and Opportunity
Act (29 U.S.C. 3152(d)), including
through the addition of online
providers of training services.
(B) Limitation.--Not more than 5 percent of the
funds reserved under subsection (b)(2)(A) shall be used
by the State for administrative activities related to
carrying out this section.
(2) Local uses of funds.--Funds allocated to a local area
under subsection (b)(2)(B) or paragraph (1)(A)(i)--
(A) shall be used for--
(i) the provision of in-person and virtual
training services, aligned with industry needs,
that shall include--
(I) on-the-job training, for which
the local board may take into account
the impact of a qualifying emergency as
a factor in determining whether to
increase the amount of a reimbursement
to an amount of up to 75 percent of the
wage rate of a participant in
accordance with section 134(c)(3)(H) of
the Workforce Innovation and
Opportunity Act (29 U.S.C.
3174(c)(3)(H));
(II) customized training, for which
the local board may take into account
the impact of a qualifying emergency as
a factor in determining the portion of
the cost of training an employer shall
provide;
(III) transitional jobs as
described in section 134(d)(5) of the
Workforce Innovation and Opportunity
Act (29 U.S.C. 3174(d)(5)) (but for
adults or dislocated workers determined
eligible by a one-stop operator or one-
stop partner), including positions in
contact tracing, public health, or
infrastructure, if provision of the
jobs does not displace any currently
employed employee (as of the date of
the participation in the transitional
job); and
(IV) incumbent worker training
described in section 134(d)(4) of the
Workforce Innovation and Opportunity
Act (29 U.S.C. 3174(d)(4)) to support
worker retention;
(ii) training services provided through
individual training accounts, which,
notwithstanding section 122 of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3152), eligible individuals may obtain from
providers identified as eligible providers of
training services under subsection (d) or (h)
of that section 122 or from another provider of
in-demand skills that is identified by the
State board or local board involved;
(iii) short-term training--
(I) in which a current employee (as
of the date of the participation),
including an employee participating in
a transitional job described in clause
(i)(III), may participate;
(II) for which the participant may
receive an employer-sponsored
individual training account;
(III) for which the employer agrees
to pay--
(aa) not less than 10
percent of the costs of such
training in the case of an
employer eligible that is a
small business concern, as
defined in section 3(a) of the
Small Business Act (15 U.S.C.
632(a)); and
(bb) not less than 20
percent of such costs in the
case of any other employer; and
(IV) for which the participant is
provided the opportunity to choose a
provider from among the providers
identified as eligible providers of
training services under subsection (d)
or (h) of section 122 of the Workforce
Innovation and Opportunity Act or a
provider identified by the employer as
having the ability to provide the
skills necessary for the individual to
be hired permanently or to advance the
individual's career; and
(iv) short-term training in fields in which
the local area needs workers to meet the
demands for health care, direct care, and
frontline workers responding to a qualifying
emergency; and
(B) may be used for--
(i) the establishment and expansion of
partnerships with public and private entities
to support online programs of training
services--
(I) which programs are identified
under section 122 of the Workforce
Innovation and Opportunity Act and lead
to an industry-recognized credential in
high-skill, high-wage, or in-demand
industry sectors or occupations, in
areas such as technology, health care,
direct care, and manufacturing; and
(II) through which the partnerships
may provide for the cost of an
assessment related to obtaining such
credential;
(ii) providing training services that are
aligned with the needs of local industry and
recognized by employers;
(iii) expanding access to individualized
career services, which include--
(I) in-person and virtual
employment and reemployment services to
help individuals find employment; and
(II) career navigation supports to
enable workers to find new pathways to
high-skill, high-wage, or in-demand
industry sectors and occupations and
the necessary training to support those
pathways; and
(iv) providing access to technology,
including broadband service and devices to
enable individuals served under this section to
receive online career and training services.
(3) Minimum amount for training.--Not less than 50 percent
of the funds made available under subsection (b)(2)(B) and
paragraph (1)(A)(i) shall be used to provide training services
described in paragraph (2)(A).
(d) Reallocation.--
(1) Local funds.--Each local board shall return to the
Governor any funds received under this section that the local
board does not obligate within 1 year after receiving such
funds. The Governor shall reallocate such returned funds, to
the local areas that are not required to return funds under
this paragraph, in accordance with subsection (c)(1)(A).
(2) State funds.--Each Governor shall return to the
Secretary any funds received under this section that the
Governor does not obligate within 2 years after receiving such
funds. The Secretary shall reallot such returned funds to the
States that are not required to return funds under this
paragraph, in accordance with subsection (b)(1).
(e) General Provisions.--
(1) Eligible individuals.--
(A) In general.--Except as otherwise specified in
this section, to be eligible to receive services
authorized under this section an individual shall be an
adult or dislocated worker.
(B) Individuals eligible to receive services
through individual training accounts.--To be eligible
to receive training services through an individual
training account or employer-sponsored individual
training account described in subsection
(c)(2)(A)(iii), an eligible individual shall be an
adult, or dislocated worker--
(i) who, after an in-person or virtual
interview, evaluation, or assessment, and
career planning, has been determined by a one-
stop operator or one-stop partner, as
appropriate, to--
(I) be unlikely to obtain or retain
employment with wages comparable to or
higher than wages from previous
employment, solely through the career
services available through the one-stop
center; and
(II) have the skills and
qualifications to successfully
participate in the selected program of
training services; and
(ii) who selects a program of training
services that are directly linked to the
employment opportunities in the local area, or
in another area to which the adult or
dislocated worker is willing to commute or
relocate.
(2) Special rules.--
(A) Administration.--Except as otherwise provided
in this section, the provisions of subtitle E of title
I of the Workforce Innovation and Opportunity Act (29
U.S.C. 3241 et seq.) shall apply to funds provided
under this section.
(B) Single state local area.--In any case in which
a State is designated as a local area pursuant to
section 106(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121(d)), the State board
shall carry out the functions of a local board as
specified in this section.
(3) Program oversight.--The Governor, in partnership with
local boards and the chief elected officials for local areas,
shall--
(A) conduct oversight for the activities authorized
under this section; and
(B) ensure the appropriate use and management of
the funds provided under this section.
(4) Program administration.--The Secretary shall reserve
not more than $15,000,000 of the funds appropriated to carry
out this section, as necessary, for program administration and
management through the Department of Labor to support the
administration of funds provided under this section and
evaluation of activities authorized under this section.
(f) Reports.--
(1) State report.--Each State shall prepare and submit to
the Secretary a report that includes information specifying--
(A) the number and percentage of participants in
activities under this section who received funds for
training services;
(B) the types of training programs provided under
this section; and
(C) outcomes for the State for activities carried
out under this section relating to the primary
indicators of performance under subclauses (I), (II),
and (III) of section 116(b)(2)(A)(i) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)).
(2) Secretary's report.--Upon receipt of a report under
paragraph (1), the Secretary shall transmit such report to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House of
Representatives.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for the period of fiscal years 2020 through 2022.
SEC. 208. IMPACT AID PROVISIONS.
Due to the public health emergency relating to COVID-19 and
notwithstanding sections 7002(j) and 7003(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(j), 7703(c)), a local
educational agency desiring to receive a payment under section 7002 or
7003 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2022 that also
submitted an application for such payment for fiscal year 2021 may, 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, use the Federal property valuation data relating
to calculating such payment that was submitted by the local
educational agency in the application for fiscal year 2021;
(2) with respect to a requested payment under section 7003
of such Act, 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, provided that for
purposes of the calculation of payments for fiscal year 2022
under section 7003(b)(1) of such Act, such payments shall be
based on utilizing fiscal year 2020 data (from academic year
2018-2019) to include total current expenditures, local
contribution rates, and per pupil expenditures; or
(3) with respect to a requested payment under section 7002
or 7003 of such Act, use the student count or Federal property
valuation data relating to calculating such payment for the
fiscal year required under section 7002(j) or 7003(c) of such
Act, as applicable.
SEC. 209. AMENDMENTS TO EDUCATION PROVISIONS OF CARES.
Subtitle B of title III of the Coronavirus Aid, Relief, and
Economic Security Act is amended as follows:
(a) Campus-Based Aid Waivers.--Section 3503 is amended--
(1) in subsection (a), by inserting ``and a nonprofit
organization providing employment under section 443(b)(5) of
such Act'' after ``waive the requirement that a participating
institution of higher education''; and
(2) in subsection (b), by inserting ``, or through the end
of the 2020-2021 award year, whichever is later,'' after
``during a period of a qualifying emergency''.
(b) Federal Work-Study During a Qualifying Emergency.--Section 3505
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``the equivalent of'' before ``one academic
year'';
(B) in paragraph (1), by inserting ``in each term
the student is awarded work-study'' after ``as a one
time grant''; 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)(2), by inserting ``or was awarded
Federal work-study from such eligible institution and was
unable to begin such work obligation due to an institution
operating solely through distance education or due to an
institution providing fewer work-study positions because of the
qualifying emergency'' after ``for such academic year''.
(c) Continuing Education at Affected Foreign Institutions.--Section
3510 is amended--
(1) in subsection (a), by inserting ``or for the duration
of the qualifying emergency'' after ``the foreign institution
is located'';
(2) in subsection (b), by striking ``for the duration of
the emergency or disaster affecting the institution as
described in subsection (a) or the duration of the qualifying
emergency and the following payment period'' and inserting
``for the duration of the emergency or disaster declared by the
applicable government authorities as described in subsection
(a), the duration of the qualifying emergency and the following
payment period, or the end of the 2020-2021 award year,
whichever is later,'';
(3) in subsection (c), by inserting ``emergency or disaster
declared by the applicable government authorities as described
in subsection (a) or the'' after ``thereafter for the duration
of the''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``duration of a
qualifying emergency and the following payment period''
and inserting ``for the duration of the emergency or
disaster declared by the applicable government
authorities as described in subsection (a), the
duration of the qualifying emergency and the following
payment period, or the end of the 2020-2021 award year,
whichever is later,''; and
(B) in paragraph (4), by inserting ``emergency or
disaster declared by the applicable government
authorities as described in subsection (a) or the''
after ``for the duration of the''.
(d) Temporary Relief for Federal Student Loan Borrowers.--Section
3513 is amended--
(1) by redesignating subsections (c) through (g), as
subsections (d) through (h), respectively; and
(2) by inserting after subsection (b) the following:
``(c) In-School Deferment.--The provisions of subsections (a) and
(b) shall apply to loans for borrowers who are in a period of in-school
deferment described in section 455(f)(2)(A) of such Act (20 U.S.C.
1087e(f)(2)(A)).''.
(e) Service Obligations for Teachers and Other Professionals.--
Section 3519 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 regards to full-time service
and shall consider service as fulfilling the requirement for a complete
year of service under such section, if the service of a borrower was
interrupted due to a qualifying emergency.''.
(f) Calculation of Expected Family Contribution.--Subtitle B of
title III of the Coronavirus Aid, Relief, and Economic Security Act is
further amended by adding at the end the following:
``SEC. 3520. CALCULATION OF EXPECTED FAMILY CONTRIBUTION.
``The Secretary of Education shall not consider any funds received
by a student (or the applicable spouse or parent of a student) under
this Act when calculating the Expected Family Contribution for the
purposes of a student's amount of need under section 471 of the Higher
Education Act of 1965 (20 U.S.C. 1087kk).''.
(g) Professional Judgment for Federal Student Aid During the 2020-
2021 and 2021-2022 Award Years.--Subtitle B of title III of the
Coronavirus Aid, Relief, and Economic Security Act is further amended
by adding at the end the following:
``SEC. 3521. PROFESSIONAL JUDGMENT FOR FEDERAL STUDENT AID DURING THE
2020-2021 AND 2021-2022 AWARD YEARS.
``(a) In General.--For the purposes of making a professional
judgment under section 479A of the Higher Education Act of 1965 (20
U.S.C. 1087tt), financial aid administrators may--
``(1) determine that the income earned from work for an
independent student is zero, if the student can provide paper
or electronic documentation of receipt of unemployment benefits
or confirmation that an application for unemployment benefits
was submitted; and
``(2) make appropriate adjustments to the income earned
from work for a student, parent, or spouse, as applicable,
based on the totality of the family's situation, including
consideration of unemployment benefits.
``(b) Unemployment Documentation.--For the purposes of documenting
unemployment under subsection (a), such documentation shall be accepted
if such documentation is submitted not more than 90 days from the date
on which such documentation was issued, except if a financial aid
administrator knows that the student, parent, or spouse, as applicable,
has already obtained other employment.
``(c) Program Reviews.--The Secretary of Education 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 account for
any rise in the use of professional judgment under section 479A of such
Act during the 2020-2021 and 2021-2022 award years.''.
(h) FAFSA Adjustments for the 2020-2021 and 2021-2022 Award
Years.--Subtitle B of title III of the Coronavirus Aid, Relief, and
Economic Security Act is further amended by adding at the end the
following:
``SEC. 3522. FAFSA ADJUSTMENTS FOR THE 2020-2021 AND 2021-2022 AWARD
YEARS.
``The Secretary of Education shall add a question on the Free
Application for Federal Student Aid described in section 483 of the
Higher Education Act of 1965 (20 U.S.C. 1090) for the 2020-2021 and
2021-2022 award years. The question shall ask applicants (and, as
applicable, the spouse or parents of an applicant) if the applicant
(and, as applicable, the spouse or parents of an applicant) has lost
significant income earned from work due to the COVID-19 national
emergency. If an applicant affirms that income has been reduced, the
Secretary shall direct the applicant to follow up with the financial
aid administrator at the institution where the applicant plans to
enroll to provide current income information.''.
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