[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.''.
                                 <all>